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HomeMy WebLinkAboutAgenda Packet 02/22/2005 4s CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday,February-22,`2005 7:00 P.M. Atascadero Lake Pavilion 9315 Pismo St. Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. REGULAR SESSION: 7:00 P.M. • PLEDGE OF ALLEGIANCE: Boyscout Troop 155 will present colors and lead the Pledge. 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 • 1 PRESENTATIONS: 1. Proclamation declaring Atascadero "Tree City USA- 2005". 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 and Planning Commission Special Joint Meeting Minutes — January 6, 2005 ■ City Clerk Recommendation: Council approve the City Council and Planning Commission special joint meeting minutes of January 6, 2005. [City Clerk] 2. City Council and Planning Commission Special Joint Meeting • Minutes January 25, 2005 ■ City Clerk Recommendation: Council approve the City Council and Planning Commission special joint meeting minutes of January 25, 2005. [City Clerk] 3. City Council Meeting Minutes January 25,2005 ■ City Clerk Recommendation: -Council approve the City Council meeting minutes of January 25,2005. [City Clerk] 4. City Council Annual Strategic "Planning Workshop Minutes - January 28-29, 2005 City Clerk Recommendation: Council approve the City Council Annual Strategic Planning Workshop meeting minutes of January 28-29, 2005. [City Clerk] 5. City Council Strategic Planning Notes—January 2005 ■ Fiscal Impact: None. ■ Recommendation: Council receive and file the Council's Strategic Planning Notes for January 2005. [City Manager] 6. December 2004 Treasurer's Report Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for December 2004. [City Treasurer] 2 7. Parks and Recreation Commission Appointments / Amend Resolution of Procedures for the Selection of Commissioners • 0 Fiscal Impact: None. • Recommendation: Council adopt draft Resolution, adopting revised procedures for the selection of Committee, Commission and Board Members. [City Manager] 8. Amendment Extending the Boat Rental Concessions Agreement at Atascadero Lake Park ■ Fiscal Impact: Approximately -$5,000.00 in revenue for the City of Atascadero. • Recommendation: Council authorize the City Manager to sign an Amendment to the Atascadero Lake Boat Rental Concessions Agreement with Lloyd Reeves, Atascadero Kayak & Sail, Inc., extending the Agreement for one additional year. [Community Services] B. PUBLIC HEARINGS: 1. Atascadero Avenue Planned Development: Vintage Homes, ZCH 2O04- 0086/CUP 2004-01321TTM 2004-0055 (Caliber Home.Developments) • Fiscal Impact: Based upon the conditions of approval, the project would have a slight negative impact on the General Fund. • Recommendations: Planning Commission Recommends: Council: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004-0050;and, 2. Introduce for first reading, by title only, draft Ordinance A approving Zone Text Change 2004-0086 establishing a PD-25 Overlay District based on findings and with staff recommend change to parking requirements; and, 3. Introduce for first reading, by title only, draft Ordinance B approving Zone Change 2005-0095 based on findings; and, 4. Adopt B approving Conditional Use Permit 2004-0132 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 5. Adopt Resolution C approving Vesting Tentative Tract Map 2004-0055 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] C. MANAGEMENT REPORTS: 1. Via Tortuga and Calle Refugio Request for Road Acceptance ■ Fiscal Impact: None. • Recommendation: Council reject the request to accept the offers of dedication of Via Tortuga and Calle Refugio. [Public Works] 3 2. Allemande Lane— Informational Only • Fiscal Impact: None. • Recommendation: Council receive and file this information. [City Manager] . 3. 2005 Community Development Block Grant Allocation (CDBG) ■ Fiscal Impact: Available funds are-estimated at $213,195 for the 2005 cycle. In addition prior year unspent funds in the amount of $360,640 are recommended for reallocation,' ■ Recommendation: Council direct '_staff to forward allocation recommendations for the 2005 Community Development Block Grant (CDBG) funds to the County Board of Supervisors. [Public Works] 4. 35 -'Foot Creek Setback Reconsideration • Fiscal Impact: None. ■ Recommendation: Council extend interim creek setback until a creek setback Ordinance is adopted. [Community Development] 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 February 22, 2005 Regular Session of the Atascadero City Council was posted on February 16, 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 16th day of February,2005 at Atascadero, California. Inn1w • 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.ora. 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 any way: • You must approach the podium and be recognized by the Mayor • Give your name and address (not required) • Make your statement • All comments should be made to the Mayor and Council • No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other • individual,absent or present • All comments limited to 5minutes (unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written"communication to the City Manager's office in City Hall prior to the deadline. 6 r City of Atascadero Proclamation "Tree City USA —2005" WHEREAS, in 1872,J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees,and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska,and Arbor Day is now observed throughout the nation and the world,and WHEREAS, trees reduce the Erosion of our precious topsoil.by wind and water, cut heating and cooling costs, moderate:the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS; trees are,a renewable resource giving us paper, wood for our homes,fuel for our fires and countless"other wood products,and WHEREAS,trees in our city increase property values,enhance the economic vitality of business areas, and beautify our community,,a",i .ioherever� 'they are;planted,°are a source of joy and spiritual renewal,and, WHEREAS, A national Arbor Day Foundation program, Tree City USA, recognizes U. S. towns and eities.wiich`develop coriiprehensive urban forestry programs;and WHEREAS;the City of Atascadero!has been recognized for seventeen years as a Tree City USA by The National Arbor Day Foundation and conti?iues its tree;-planting and preservation,.practices,and WHEREAS,Atascadero observes Arbor Day:in March of each year and celebrates the Festival of the Oaks each Vovemberin recognition of the importance of native trees in t1 a community,and WHEREAS, the Atascadero.Native Tree:"Association protides educational and awareness programs for the community on>the importance of continued renetual-andcare of our nativeforests,and NOW, THEREFORE,Mendy'Scalise,Mayor of the City of Aiascadero,do hereby proctaiiq the City of Atascadero as "Tree City USA—2005"and urge all citizens to support efforts to protect our trees and woodlands,and participate in the educational activities planned by the Native Tree Association. Wendy Scalise,Mayor City of Atascadero, California .7 ITEM NUMBER: A-1 DATE: 02/22/05 SPECIAL JOINT MEETING ATASCADERO CITY COUNCIL & PLANNING COMMISSION Thursday, January 6, 20055 12:00 p.m. Driving Tour of Development Projects in the City of Atascadero DRAFT MINUTES Mayor Scalise called the meeting to order at 12:00 p.m. Attendees were served lunch. Community Development Director Warren Frace reviewed the sites that would be included in the tour. ROLL CALL: PRESENT: Council Members Clay, Luna, O'Malley and Mayor Scalise. Commissioners Beraud, Fonzi, Jones, O'Keefe, Peterson, Porter and Chairperson Kelley ABSENT: Council Member Pacas STAFF: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Assistant to the City Manager Marcia Torgerson, Community Development Director Warren Frace, Planning Services Manager Steve McHarris. PUBLIC COMMENT: None CITY COUNCIL/PLANNING COMMISSION DRIVING TOUR: Attendees were taken on a tour of several sites throughout the City of projects that had been approved in the last few years to review their outcome. They returned to the Pavilion and the attendees shared their thoughts on the projects viewed. ADJOURNMENT: The City Council and Planning Commission adjourned at 4:30 p.m. to their next regularly scheduled meetings. 8 ITEM NUMBER: A-2 DATE: 02/22/05 SPECIAL JOINT MEETING Atascadero City Council Atascadero PlanningCommission DRAFT MINUTES Tuesday,,January 25, 2005 5:00 P.M. Community Development Director'Warren Frace called the meeting to order at 5:14 p.m. ROLL CALL: Present: Council Members Clay, Luna. Pacas, O'Malley and Mayor Scalise Commissioners Beraud, Fonzi, Jones, O'Keefe, Peterson, Porter and Chairperson Kelley Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Steve Kahn, Police Chief John Couch, Fire Chief Kurt Stone, Redevelopment Specialist Marty Tracey, Deputy Community Services Director Steve McHarris, Associate Planner Kelly Gleason, Assistant Planner Lisa Wilkinson, and City Attorney Pat Enright. JOINT STUDY SESSION: 1. West Front Mixed Use Project (GPA 2003-0005)-The city Council and Planning Commission will be discussing conceptual project alternatives for the West Front Mixed Use Project. No formal action on the subject will be taken at meeting. CC/PCSpecial Joint Meeting Draft Minutes 01/25/05 Page 1 of 4 9 Community Development Director Warren Frace gave a brief history of the project and the purpose of this evenings meeting, John Knight, applicant's representative, ,and Richard Shannon and John Rossetti, applicants gave a presentation on the new concept for this project and requested comments from Council Members and Planning Commissioners regarding the following:' 1) Percentage of Commercial/Residential, 2) Mix of Land Uses, and 3) Phasing. The presenters answered questions of Council and Commission. Council and Planning Commission Comments: Council Member Luna: 1. Applicant has done what the council-requested by increasing the commercial to over 50%. - 2. The phasing is good; he would like to see some numbers on what it means to the city. 3. Housing mix is a better plan than before. The houses are a good size, and overall the project is better than before. Mayor Scalise: 1. Commended the applicants for their efforts, and-stated they `have, met ;the concerns that were voiced previously. 2. Likes duplex housing and detached garages. 3. Would like applicants to look at ways to make it convenient to get to the garage. 4. Likes the cluster housing and that that product will be salable to seniors. Planning Commission Chairperson Kelley: 1. Likes the new concept. 2. Concerned with traffic impacts to Coromar. 3. Questioned the plan if unable to secure restaurant for site. 4. Concerned with the three story hotel and its impact on fire response. Council Member Clay: 1. Important to have joint access, 2. Likes the motel and feels the Transient Occupancy Tax can compete with sales tax dollars. 3. In favor of duplex whereboth sides are salable, 4. The proposed hotel will want a restaurant so he willpush for phase 3B. 5. Would like to see the back wall constructed out of a durable material. 6. Overall a good job and he likes project. 7. Atascadero needs more entry level housing, would be good to have more duplexes. Commissioner O'Keefe: 1. Many issues raised by the Planning Commission have been addressed. CC/PC Special Joint Meeting Draft Minutes 01/25/05 Page 2 of 4 10 2. Look at expanding parking for easier access between buildings. More parking . would bring a better restaurant 3. Interested in the architectural enhancements required because applicant is getting increase density. 4. Concerned with lack of green space; project has a lot of hardscape. 5. Would like to see a more permanent block wall in back yards. Council Member Pacas 1. Concerned with types of uses proposed in Business Park area. 2. Would like applicant to consider the idea of restriction oncommercial to be revenue producing rather than office use. Commissioner Beraud: 1. Phasing and percentage of commercial is acceptable. 2. Suggested making the housing in the "cluster" area duplexes rather than single family homes to increase the amount of green space. 3. Sales Tax revenue is a concern with mixed use. It is in the best interest of the city to insure that approx 75% is revenue producing. 4. Prefers architectural enhancements similar to the ones from the San Luis Obispo business park. They are more broken up and look less industrial than the other examples. Commissioner Jones: 1. Concerned that there is not a better pedestrian corridor towards the school. 2. Phasing is more acceptable than previously. 3. Duplex houses are a better effort for affordable housing than the garage units. 4. Pleased to see joint access. Planning Commission Vice Chairperson Porter: 1. Phasing is acceptable. 2. Feels Phases 3A and B will sell by themselves if off site landscaping is provided. 3. Overall likes project. Commissioner Peterson: 1. Likes the addition of the business park. 2. Would like to see ingress and egress with adjoining properties. 3. Would prefer a combination block and wood wall for the project. 4. Overall likes project. Commissioner Fonzi: 1. Much happier with this concept 2. Phasing and the commercial percentage are better. 3. Concerned with housing design-looks boxy right now, and duplexes look institutional. 4. Making a portion of these for senior housing appeals to her. . 5. Likes single story. CC/PC Special Joint Meeting Draft Minutes 01/25/05 Page 3 of 4 11 6. Concerned with access from the homes to Santa Rosa. It is important to have a safe way to school for children in the housing complex. . 7. Would like to be sure the park area is open, up and running for all tenants. She questioned who would be responsible for maintaining the park. 8. Regarding the business park, she stated that an appealing design/product would attract better tenants. 9. A quality restaurant is important, not a drive through. Mayor Pro Tem O'Malley: 1. Thanked the applicants for their responsiveness to the Council and Planning `Commission concerns. 2. Likes the new inclusionary housing. 3. Has a concern with the wall in terms of low maintenance and long term aesthetics. 4. It is _important that the project not worsen traffic on Santa Rosa when it is completed. 5. Important that the project not cause a problem with fire response. 6. Likes that the commercial property will be landscaped. 7. Concerned with tenants for the business park. He would like to see retail if possible,no storage. 8. Hotel is great and getting it first was important. Would like to see an analysis by city to determine if TOT is bringing in as much income as other uses. 9. The housing is good and adaptable for the market with its many options. 10. Concerned with the overall appearance and architectural improvements-they appear to be minimal at this time and must be worked on. 11 Agrees with need for a safe connection to school. 12. Joint access is good for both businesses. 13. Applicants did what was asked. Phasing good, percentage good, mixed use good. Richard Shannon stated that they would work with staff to achieve a positive recommendation. Community Development Director Frace indicated staff would analyze all comments, proceed to the next step and then to the Planning Commission for consideration. ADJOURNMENT: Director Frace adjourned the meeting at 6:12 p.m. MINUTES PREPARED BY: Grace Pucci, Recording Secretary CC/PC Special Joint Meeting Draft Minutes 01/25/05 Page 4 of 4 12 -ITEM NUMBER: A-3 DATE: 02/22/05 r 1918 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, January 25, 2005 7:00 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT— CLOSED SESSION - None 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 City Attorney Patrick Enright announced that no reportable action taken. REGULAR SESSION: 7:00 P.M. Mayor Scalise called the meeting to order at 7:04 p.m. and Mayor Pro Tem O'Malley led the Pledge of Allegiance. CC Draft Minutes 01125/05 Page 1 of 9 13 ROLL CALL: Present Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise Absent: None Others Present: City Clerk/ Assistant to City Manager Marcia McClure Torgerson, Deputy City ClerkGrace Pucci Staff Present City Manager Wade McKinney, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Steve Kahn, Community Services Director Brady Cherry, Police Chief John Couch, Fire Chief' Kurt _Stone, Redevelopment Specialist Marty Tracey, Deputy Community Services Director Steve °McHarris, Associate Planner` Kelly Gleason, Assistant Planner ,Lisa Wilkinson, and City Attorney Patrick Enright. Police- Chief John Couch introduced Carol Robinson, 17 year veteran of the Police Department recently promoted to Lieutenant. COMMUNITY FORUM: Ann Ketcherside spoke about the Atascadero Bowling Alley as her preferred site for the Youth Center,-a family in Atascadero who had received eminent domain papers, and the city budget. Eric Greening expressed concern regarding the creek adjacent to bowling alley and the cumulative impacts from several issues affecting the creek. He also asked for clarification as to when and where the Council is adjourning. Mayor Scalise closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Mayor Pro 'Tem O'Malley to approve the agenda Motion passed 50 by a roll:call vote. CC Draft Minutes 01/25/05 Page 2 of 9 14 COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Clay commented about how many people are on the streets of Atascadero at night now and how busy the Carlton is. A. CONSENT CALENDAR: 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 Proiect ■ 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] 3. Single Family Planned Development Zone Change 2004-0078 (5310 Carrizo Rd./Griffin) ■ 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 CC Draft Minutes 01/25/05 Page 3 of 9 15 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] Items pulled: Council Member Luna, Item#A-2. MOTION: By Council Member Clay and seconded by Council Member Luna to approve Items#A-1, 3 and 4. Motion passed 5.0 by a roll-cal vote. (O'Malley abstained on Item #A-1) (Item #A-3 Ordinance # 467, Item #A-4(3) Contract #2005-003) Item #A-2: PUBLIC COMMENT John Trevisano spoke about an accident his wife, Dr. Marne Trevisano, had resulting from a loose manhole cover in the Sunken.Gardens. Mayor Scalise closed the Public Comment period. . Council Member Luna suggested the city do an inspection so there are no further problems like the Trevisano's experienced. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Item #A-2. Motion passed 5.0 by a roll-call vote. (Contract#2005-002) 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 Seperado 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] CC Draft Minutes 01/25/05 Page 4 of 9 16 Community Development Director Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Russ Thompson, applicant's representative, gave a brief history of the project and answered questions of Council. Marilyn Fkiaras, applicant, answered questions of Council. Mrs. Fkiaras stated they would pave Seperado, but do not think it is fair. She would like to leave as many trees intact as they can. Ann Fletcher, Seperado resident, stated her reasons for objecting to this project taking access from Seperado. She requested the following conditions if the project is approved: 1) that the lot shall be the only lot within this subdivision to have approved access from Seperado, and 2) that the owner, developer and/or the city upgrade and pave Seperado from the Fikiaras' lot to San Jacinto including drainage facilities and without the removal of any trees including the large tree at the end of the street, and that the paving be done prior to the start of construction. Linda Campagi, Seperado resident, sited several reasons for not allowing access on Seperado. isMichaela Hines, Seperado resident,stated her reasons for opposing this project. Alana Reynolds, Traffic Way resident, gave the reasons she is in favor of the project having access from Seperado. Patricia Cooper Holyfield, Seperado resident, spoke against the project taking access from Seperado. Linda Werg Seperado resident, asked the Council to consider buying back the property and preserving it with tree funds. Harold Galvan, Seperado resident, expressed frustration that no one has taken responsibility for maintaining the street and is concerned with water flow and erosion. Fred Dyste, Seperado resident, stated he does not want to see access onto Seperado and suggested moving the footprint further down, taking access from the existing driveway. Chip Tamagni, project arborist, gave the reasons why moving the footprint downhill would impact more trees and stated the Seperado access would save the trees that screen the home from Seperado. John Richardson, Seperado resident, questioned a tagged tree on the lot. CC Draft Minutes 01/25/05 Page 5 of 9 17 Marilyn Fkiaras responded to several issues raised by previous speakers and stated she would overlay the road only; she will not provide drainage and engineering. Chip Tamagni clarified the tagging of trees on the lot. Patricia Cooper Holyfield questioned what would happen to those who live above the project if the applicant paves from her property line to San Jacinto only. Mayor Scalise closed the Public Comment period. Community DevelopmentDirector Warren (race and City Manager Wade McKinney addressed_questions raised during the Public Comment period. Council Member Luna stated he could support using tree fund monies to purchase the lot, but can't support changing the Master Plan of Development for this one lot and would like to look at ways to mitigate tree removals, erosion, etc. Council Member Clay agreed with adding a condition that states this is the only lot that could take access off of Seperado. Mayor Pro Tem O'Malley indicated he could support Council Member Luna's suggestion for the use of tree funds but would rather consider it at a strategic planning session. Mayor Scalise stated the time to pave the road is prior to occupancy not prior to construction, and spoke about a program the city is working on to provide low interest loans for street repair. MOTION: By Council Member Clay and seconded by Mayor Scalise to uphold the Planning Commission decision approving tree removal permit 2004-0054, a request to remove eight native oak trees with a revised Seperado 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 and adding that the property owner will work with the City Engineer to improve Seperado ,by a leveling course and two inch overlay, approximately 18 feet wide, from their property to San Jacinto and not removing or impacting the large tree at the entrance. Paving of that section will be done prior to certificate of occupancy. Council Member Pacas stated she does not have enough information regarding the grade on Seperado. Additionally according to this PD, the road must be brought up to city standards not just improved with a 2-inch overlay. Council Member Luna stated the Master Plan of development makes it clear that access would be taken from Traffic Way, and he thinks there is a large amount of tree removals CC Draft Minutes 01/25/05 Page 6 of 9 18 with no guarantee that the house will not create substantial erosion. He stated he cannot support the. Motion and that the only way out is to have the city purchase the lot with tree funds. MOTION: By Council Member Clay and seconded by Mayor Scalise to uphold the Planning Commission decision approving tree removal permit 2004-0054, a request to remove eight native oak trees with a revised Seperado 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 and adding that the property owner will work with the City Engineer to improve Seperado by a leveling course and two inch overlay, approximately 18 feet wide,from their property to San Jacinto and not removing or impacting the large tree at the entrance. Paving of that section will be done prior to certificate of occupancy. Motion passed 3:2 by a roll-call vote, (Luna, Pacas opposed) (Resolution #2003-005) There was Council consensus to direct staff to look at an amendment to the master plan of development to not allow any other access onto Seperado at this end. C. MANAGEMENT REPORTS: 1. Interim Uraency Ordinance Establishing a Moratorium on Medical Marnuana Dispensaries ■ Fiscal Impact: None. ■ Recommendation: Council adopt the draft interim urgency Ordinance (Attachment A) establishing a moratorium on medical marijuana dispensaries. [Police Department] Police Chief John Couch gave the staff report and answered questions of Council. PUBLIC COMMENT Eric Greening stated that more information is needed on statistics from other locations where these dispensaries exist, and that action should not be taken before a full report is available. Mayor Scalise closed the Public Comment period. CC Draft Minutes 01/25/05 Page 7of9 19 MOTION: By Council Member Clay and seconded by Mayor 'Scalise to adopt the draft interim urgency Ordinance (Attachment A) establishing a moratorium on medical marijuana dispensaries. Motion passed 5.0 by a roll-call vote. (Ordinance#468) Council Member Luna stated he voted for the 45 days, but will not stand in opposition to the will of the people and if staff does not come back with an ordinance with the conditions that would allow it someplace in the city,he will not vote to extend it. D. COMMITTEE& LIAISON REPORTS: Mayor Scalise 1. County Mayor's Round Table: Discussed the county's assessment on the vector control district, 2. Local Agency Formation Commissions (LAFCO): Looking at the San Luis Obispo update for annexations, and at the Nacimiento, San Miguel and Templeton areas. Mayor Pro Tem O'Malley 1 Air Pollution Control District (APCD): Board will be selecting new officers for the upcoming year. 2. Economic Vitality Corporation, Board of Directors (EVC): Board will be selecting a new Executive Director. 3. League of California Cities — Grassroots Network: Met with Abel Maldonado and Sam Blakeslee regarding the traffic light on San Gabriel. Atascadero has been complimented for their support of League activities and is being suggested as a model for the state for fundraising activities to support the League. Council Member Clav 1. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee: Restrictions have been lifted. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager City Manager Wade McKinney announced the Strategic Planning will beat 7:00 on Friday evening and 8:30 Saturday morning, Lake Park Ranger House; this is a specially noticed meeting and it is not necessary to adjourn to it. CC Draft Minutes 01/25/05 Page 8 of 9 20 F. ADJOURNMENT: Mayor Scalise adjourned the meeting gat 9.31 p.m. to the next regularly scheduled meeting of the City Council on February 8, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk CC Draft Minutes 01/225/05 Page 9 of 9 21 r ' ITEM NUMBER: A-4 DATE: 02/22/05 CITY OF ATASCA DERO CITY COUNCIL Annual Strategic Planning Workshop DRAFT MINUTES Friday, January 28, 2005 7:00 P.M. Saturday, January 29, 2005 8:30 A.M. — 3:00 P.M. Facilitator: Dr. Bill Mathis Associate: Janice Mathis Mayor Scalise called the meeting to order at 7:00 p.m. ROLL CALL: Present: Council Members Clay, Luna, O'Malley, Pacas and Mayor Scalise Staff: City Manager Wade McKinney, City Attorney Pat Enright, Assistant City Manager Jim Lewis, and Assistant to the City Manager/City Clerk Marcia Torgerson. PUBLIC COMMENT: Steve Martin, explained that members of the Chamber and Main 'St. formed a committee to develop and present to the Council an economic strategy packet. (Exhibit A) Joanne Main,stated she supports Mr. Martin's comments. Eric Greening, asked that there be a record of this meeting. Geri Brasher, expressed in a prepared statement,her concern with the recent treatment of mountain lions in the last few weeks. She suggested the Council urge the public to take proper steps to co-exist with the mountain lions in our community. (Exhibit B) Jim Patterson, stated he supports the strategic planning process. 22 Ellen Beraud, stated she supports Mr. Greening's comments regarding the need to record the discussions held at this meeting. Scalise Mayor y 5 se c osed the Public Comment.period. WORKSHOP THEME: (Bill) "DOING'THE PUBLIC'S BUSINESS IN ABUSINESS-LIKE WAY95 • Bill began discussing business techniques or models as a next step in improving Atascadero's operations. He briefly discussed a concept called the Balanced Business Scorecard theory where the City is rated on: 1.` Essential Services (i.e. public safety) 2. Being environmental stewards 3. Our economic engine 4. ` Creating a better place to live: • The City Council was generally interested in performance indicators and measurement. Bill indicated that he would review the program with staff. 1. Council expectations for Saturday's planning Session?(Bill) George Luna Prioritization of projects that will use RDA funds Tom O'Malley PD7s revise and/or fine tune. Jerry Clay Economic development outside of Downtown/ Housing Assistance Programs Wendy Scalise Economic Development at Del Rio Corridor/ Review recruitment of new businesses- Buxton report Becky Pacas Improve Public Safety II. Staff preparation for strategic planning review (handout)(Wade/Bill) Council reviewed the Executive Management Team questionnaire and the answers given by Department Heads. The Council found the information interesting and helpful. It was consistent with their beliefs that we have a good staff, a lot of priorities, and we lack resources and staffing. Ill. What do we want image of Council to be in the community?(Bill) ■ Lessons from elections? Baggage? Jerry Clay Community wants to keep status quo - unanimous focus on Downtown and economic development. Tom O'Malley Council has more balance/more fair. Wendy Scalise People want officials that are engaged/not single-minded. Becky Pacas Community concerned with traffic/safety issues. George Luna People worried about growth (i.e. Dove Creek& Woodridge) traffic and water shortage. 2 23 Consensus that the Council should focus on issues they all agree on. Set policy-be united. IV. Process and agreement issues (Bill) Council Norms` Council reviewed their Council Norms and revised them. Consensus that Council Members will disclose ex parte communications with applicants, including site visits. Consensus to include a statement on the Council agenda explaining that the Council will discloseexparte communications. Mayor will read statement. Closed session guidelines Consensus that Council needs to agree on when a Closed Session report will take place. Consensus that all Closed Session reports be on colored paper/stamped, to clarify its confidential status. Mayor Scalise adjourned the meeting at 9:15 .m. to continue tomorrow, Y 1 9 p Saturday, January 29, 2005 at 8:30 a.m. Saturday, January 29, 2005 8:30 A.M. — 3:00 P.M. Mayor Scalise called the meeting to order at 8:30 a.m. PUBLIC COMMENT: Eric Greening, urged the Council to ask for clarification of motions before voting. He also commended the Council for pursuing discussions where they have different opinions on the issues. Lon Allan, asked the Council to consider naming Stadium Park after Marge Mackey. Doug Livengood, North County Aquatics, spoke about their efforts to build an Olympic swim complex in the North County. (Exhibit C) Mayor Scalise closed the Public Comment period. 3 24 V. Values guide our actions (Bill) ■ General Plan — Council Members have differing opinions concerning the flexibility of the Plan and the need for amendments. The<City Attorney pointed out that the overall policies of the plan and the plan itself are construed by the courts more as a constitution and changes are serious and should not betaken lightly or often. o George GP should not be amended. o Wendy & Jerry- GP amendments are appropriate. ■ Respect What does respect mean to you Tom O'Malley Allow others to finish their thought when speaking. Jerry Clay Body language tells if someone respects you Becky Pacas Acceptance that others have different ideas, opinions, and ways of expressing themselves Wendy Scalise. Be concise and don't dominate the discussion, and Council Members should not treat public at the podium/staff disrespectfully. Consensus to give public as much time as needed to express their feelings. Also, public should respect Council Members,and when someone is disrespectful to a Council Members, other Council Members(that are familiar with the speaker)should stop them and state that their behavior is not appropriate. ■ Responsibility-What does responsibility mean to you Tom O'Malley Balance programs and revenues. Council needs to stop blaming others for our problems. -Keep our promises. The ability to respond. George Luna Budget shows our responsibility. Also, Public thinks responsible Council should leave them alone and not raise taxes Jerry Clay Doing the right thing for the community. Becky Pacas Listen to the community - the new survey will update their input. Wendy Scalise Listen to the community. Know what you can and can't do. VI. Redevelopment Council discussed possible Public Projects with Bond Proceeds. They reviewed and revised the list staff submitted to them. Staff urged the Council not to prioritize the list. PUBLIC COMMENT: Steve Martin, reminded the Council that their decisions need to fit the City's economic strategy. 4 25 Eric Greening, stated he thought a pool was a great idea, but urged the Council to seek public input, Mayor Scalise closed the Public Comment period. VII. Updates/discussions (Bill/Wade) ■ Earthquake Update Wade reviewed the earthquake update report. VIII. Council goals compared (Bill) ■ Each council member discuss/advocate set of goals 'and proposals for 2005-06 Bill reviewed the Council's Goals, Projects and Funding lists PUBLIC COMMENT: Barbie Butz, commended the Council on the approval of the San Gabriel signal. She also stated that she is glad to see the Youth Center on the priority list. Don Idler, encouraged the Council to continue working with the citizens and businesses g g to improve Atascadero's customer service. Eric Greening, reminded the Council that it is their responsibility to prepare for those not yet born. Also, he stated that Transit should not be in the Downtown as it will detract from pedestrian traffic. Mayor Scalise closed the Public Comment period. ■ Council priorities 1. Public Safety-Wade to develop strategy to solve ■ Overtime ■ Staffing ■ Enforcement ■ Housing/ equity sharing ■ Ballot measure/CFD's ■ PD/FD supports management team ■ Traffic ■ Facilities ■ Capital projects ■ Support FD/PD issues (create positive atmosphere) i. Sprinklers ii. Development/ services ■ Grants 5 26 ■ Creation of a positive atmosphere 2. Increase City Revenues ■ Incentives to attract new business • Strategies (encourage, in order of priority) o TOT o Retail o Retail speculation o Residential Subdivision ■ Customer service/Attitude o Welcoming o Good attitude 3. Youth-Community Center ■ GO AHEAD AND GET IT BUILT!! 4. Roads ■ Atascadero Road Program ■ Santa Rosa ■ Santa Barbara &EI Camino Real (Dove Creek) • Highway 101/41 ■ Portola-walk path ■ Walk paths on arterials & collectors • Assessment Districts-Public Threshold/Desire? ■ Local Road Loan Program 5. Rotunda • FEMA Controlled • Historical restoration IX. Expectations of City Attorney FEMA ■ Pro-active Colony Roads ■ Brown Act orientation for Commissions and new Council Members Accessible and forthright ■ Cost Recovery Programs for legal expenses ■ Notice for Closed.Sessions written on Agenda ■ CEQA/Developer Indemnification ■ Keep Council and staff informed X. Program Direction: (Bill) ■ Pooh Consensus to include 3-4 acres in plan for Youth/Community Center project for a future pool. 6 27 ■ PD Ts o Tom Doesn't like PD7s -would like to stop allowing them. o Jerry - If no PD7s—apartments will be built. (OK with Tom) o George -Agreed with Tom. He prefers PD17s. o Wade explained that staff is recommending a new PD (25?) with a courtyard feature that will replace PD7s. ■ Creek setback Consensus to have staff come back with a report, proposing to extend the interim 35-foot creek setback and ask for permission to conduct a study of options and alternatives. ■ Sign Code Enforcement Consensus for staff to schedule a Study Session for Council to review the sign ordinance, including sandwich and banner signs. Xl. OTHER FOLLOWUP ITEMS (All) • The website is not friendly to Macintosh users. Please fix. • Public Information regarding mountain lions to be posted on website. • Review number of staff people attending council meetings. • Return to angled dais so council can see each other. • Investigate speaker recognition system to assist mayor (lighted system) • "Go forthe Best, Not First Thing Offered" (George) • "Preservation is cheaper than restoration" (George) • Create welcome committee comprised of Main Street Rep, Chamber Rep, Council Member, Staff Member to visit/welcome business (Jerry) • Stadium Park Trail/Easement should be established MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk/Assistant to the City Manager Exhibits: A: Ad Hoc Economic Task Force Economic Strategy Report B: Prepared statement, Geri Brasher C: PowerPoint Presentation: Olympic Swim Complex, Doug Livengood 7 28 ITEM NUMBER: A-5 DATE: 02/22/05 asps .a A tascadero City Council Staff Report- City Manager's Office City Council Strategic Planning Notes January 2005 RECOMMENDATION: Council receive and file the Council's Strategic Planning Notes for January 2005. DISCUSSION: The City Council initiated a Strategic Planning process ,in 1997. The program is intended to establish organizational goals to focus the efforts of City staff on the Council's top priorities. The process serves the organization in several ways including: ❑ Identifying the areas in the organization that are going well and the ones not performing up to Council's expectations ❑ Providing an opportunity for the City Council to discuss and review the various operating departments. ❑ Providing City staff with a general understanding of Council expectations. ❑ Enhancing working relations and teamwork. The Strategic Planning process has served the City well as it has focused its resources on community priorities that have moved forward. The Council conducts their Strategic Planning Workshops in January, with a follow up session mid-year. The Council Strategic Planning meeting notes of January 2005 are attached to this report. FISCAL IMPACT: None ATTACHMENT: Council Strategic Planning meeting notes —January 2005 40 29 t City of Atascadero Council Strategic PlanningWorkshop P 1/28-29/2005 Notes from the Meeting Facilitated by Dr. Bill Mathis Agenda Doing the Public's Business in a Business-Like Way 1/28 - Themes in Today's Workshop -I. Values guide our actions II. Council expectations III. What do we want the image of Council to be in the Community? IV. Process and Agreement issues V. Program direction VI. Update Discussions Public Comment was opened by Mayor • Like the spirit of cooperation p p on we have found in this group; business incentives and ideas; looking forward to hearing strategy for revitalization plan • Public wants to know there is a record of meetings;minutes adopted by Council • Mountain Lions—we can co-exist with our pets,and with wild life; take precautions listed in newspaper • Carry on; you are doing good things,charting the course... • Public Statement needs to not be,so cryptic,speeding, traffic,safety,etc. Dr.Bill -Doing public business in an open way; today make few decisions, and we can set direction: Balanced Business Score Card—Standards: • How well we do in certain specific areas? Healthy vs. Poor • Measuring the Changes as Environmental Stewards o Essential Services o City becoming economic engine oBetter place to live o Public Safety Notes from the Council'Strategic Planning Workshop-12005 30 Schools are merging, State wants special districts; Parks and Recreation are merging—if not all are in balanced, can be destructive to the City(i.e., retirement system. Model we have had: 1) Public Safety 2) Environmental<Stewardship 3) Economic Development/Redevelopment 4) Infrastructure 5) Leisure it's changed Foundation of all decisions need to be based on operating values. Expectations of Council? George Prioritization of major projects; otherwise they won't get done(redevelopment funds) Tom Fine-tuning policy additions; check list Jerry-Focus on Economic Development other than the downtown revenue generation, TOT, etc. Stimulate retail on north end Wendy—Braxton report—clearly identifying; and give thought to what professionals gave us Becky—Public Safety—37% turnover, down 10% staffing in PD, complaints re public safety Wade—Same list given by Council; Traffic is concerning Wade/Staff Comments: 1. Time constraints—under pressure; set clear priorities, what success will look like 2. Prioritize projects—Resources 3. Want Council to work through their differences 4. Listen; don't repeat; be respectful-not sarcastic; be sincere 5. Leadership Academy 6. Most proud of? Staff development; earthquake response 7. Funding, timelines,meeting Council expectations 8. Strengths of Team—energy; youthful What interferes with success: Trying to do too much; time constraints... Image of Council—What do we want? 2 31 Notes from the Council Strategic Planning Workshop—12005 Jerry—What we're learned other candidates exaggerated; Community is satisfied with what we're doing Tom-People appreciate balance on Council; we represent wide range; fairness. Council each chooses one on Planning; there was fear, it has subsided. Strength is that we five agree, there is consensus—we can move forward. Wendy-Community doesn't want single-minded Councilmembers; bring level of interest. George—Heard about traffic, growth Dove Creek, Oakridge, water shortage, subdivision—Council is not doing enough re 101,41; Governor changed things; our timeline has been postponed by four years; Jerry-We run indifferent circles; we hear different things George-5-0 votes are important. Lessons Learned: George Incumbency; focus on the things we agree on;priorities need to be met. Wendy-Council is strong willed; don't lose because of 3-2 vote. Council "don't give up; don't take out on staff."Need to trust staff on policy; need to vote on priorities,major vote should set direction. Tom—focus on revenue so the pie can grow; need consensus—agree on priorities. Get serious on some things that may stretch us; we all have good values; neighborhoods— need to stick to our agreements/processes Wade-Come to consensus on policy/priorities. Jerry—We're together on downtown—"What's best for Community?" Becky—I'm listening Wendy-We're not perfect; we've learned from mistakes. Tom-Wendy's leadership is an example Jim-I'm excited! West front; we have to put attention into Del Rio with big developers; Council needs unified front 3 32 Dr.Bill What is policy stand for public safety, environmental, economic -need to know policy issues before money Notes from the Council Strategic Planning Workshop—1/2005 Wendy—We have PD Chief,mandatory overtime; need to look at policy, changes, needs,issues.. Wade-Council Norms: • Etiquette; wandering opportunity • Role in resolutions • Brown Act; how are we doing? • Role of City Attorney • Votes 2-2 • Agendizing • Appointments When we disagree, we do it without being disagreeable Council reviewed and made changes to (22)issues listed; clarified, corrected, and made some changes. Can Councilmembers go to Department Heads? Yes and notify Wade, Jim, or Marcia; also Department heads notify C.M., A.C.M. and Assistant to C.M. 1/29 - Themes in today's workshop: I. Values for Operating II. Setting Policies for Redevelopment Public Comment: • Yesterday,progress was made;please don't mandate voting;present alternatives; shed light on information forthcoming; have discussion—not `group-think.' e Name stadium Madge Mackey or something else after her in Park re her long- time efforts • Need swim complex in North County; looking for facility that gives access with good time; two swim times per day—goal to raise money,low maintenance; appeal for help with facility. • Clarify where programs tie into economic development programs Value Statements—Why Important/What is important?Regarding: • Trust • Loyalty • Fairness • Compassion • Responsible 4 33 Tom: Motives—not creating suspicion; personalities,goals, methods, strengths,results; we all have interests; 1St—responsibility to accomplish. Notes from the Council Strategic Planning Workshop—112005 Wendy—working on relationship side;talking about common ethics; in the end, we are a team—public sees us as working toward end; working on ethics impacts the public in,a positive manner; need to emphasize values. Wade-Set of projects/process—determine which ones George—Many want stability("leave us alone")-want things as they are,not disrupted. Keep in mind—balance. Wendy—Keeping balance with all sets of people Tom—Find out what people are afraid of; need to help them think through the process, the vision, dispel fears help in forum setting Strategic Planning-How to make it better? 1. Work on dramatically improving areas 2. or it will deteriorate George-People want stability;_Strategic—Ethics—Personal-Predictable;Downtown is 5-0=united. Wendy constant underflow within Council of what the General Plan is—need to clarify whether it The General Plan or a General Plan;there's an underlying dynamic tension need to have openness, willingness, public setting,weighing all sides,tweaking to meet public's needs. Wade-Perfect example of why we go back to smart growth, values,principles of foundation;may modify, mixed use; General Plan is the constitution—can amend at times;it's not general, and not to be changed. Respect? Tom—Respect needs to be part of our behavior;let each finish their thought;jumping in devalues and is discounting Jerry—Making eye contact George-Being able to finish thoughts—respecting is much better in this Council group. 5 34 Need to give speaker full attention; body language speaks loud and clear;Tom and Jerry will work on this; Jerry will work to eliminate 'moaning' on speaker at dais Notes from the Council Strategic Planning Workshop-1/2005 George-Seating environment; arrangement to be discussed Becky-Respect: expect that others have different views; our right to express ideas. Wendy—Shown with not being dominating timewise; think of others; at the podium, don't show animosity toward each other in public should not be shown by Councilmembers; don't be repetitive-wastes others' time. George-Assuring each other they'll get another chance to speak; politeness to public; Mayor can extend time if needed. Best approach to derogative remarks: Mayor's responsibility to curtail hostility-and/or City Manager/City Attorney to set record straight. Tom—Processes work well: model respect for community; listen to the public; misstatements can be corrected by staff at end—this eliminates emotion;need to acknowledge others; need to hear each other—acknowledge this. Conversational Rules: • Finish thoughts/not discounting • Body language watch yours • Listen to differences/different ideas • All views are important • Be prepared; focused • Politeness • Respectful of staff and Community Major Value: • Responsibility of where we get money? • Stop blaming others—State, each other, etc. =It's up to us —proactive George—We are responsible despite sabotage by State; "leave me alone and don't raise my taxes" (putting traffic lights in when Cal Trans doesn't) Jerry-Responsibly means doing the right thing for our community 6 35 Wendy-Don't make our minds up for citizens; don't speak for them—find out from them; need to really serve the community. George-Roads are major issue; how much are they willing to pay? Residents will pay twice and it won't be for their own roads. Notes from the Council Strategic Planning Workshop-1/2005 Becky-Need to find out what has changes; need to respond to citizens, to their issues; Took at where money is going, listen to our constituents. Tom—Issue of doing what we say; business done at local level-put it to the people; keep our promises; it's about our integrity. Responsibility must be balanced with resources Redevelopment: Survey; Roads,trees; open spaces: Redevelopment Guidelines/Principles for setting priorities Projects that create new money and new increments -policy direction? Yes! Non starters; new business; other funding sources; new financing Lewis Avenue Bridge-would cause private investment-Private/Public financing FEMA $restricted/Redevelopment$less restricted/Lease$ unrestricted Principles for list of Projects—Possibilities; 21 projects were discussed with the following highlighted by Councilmembers: Wade-Update on Financial Discussion, earthquake-damage assessment coming. The following will take place: 1. Leveling of floors 2. Widening walls 3. Jacking system for building Atascadero is defining itself as Convention Meeting place—known for ambiance,could identify as gateway to wine country, ocean, etc. Exercise in Priorities/Goals Tom Entrepreneurial—downtown; amenities, lakes, zoo, parks; revenue, quality of life; public safety; tourism; basics; youth center; pool space; city hall image; seating position; rotunda; roads; infrastructure; traffic; parks, trails, open spaces; business retention; stadium park—untapped resources;funding, revenues, sales tax, occupancy tax, 7 36 assessments, special taxes, projects just do it! Marketing;need to practice what we preach. Jerry—Youth; community center; area for pool space; downtown; perk up with redevelopment funds; dress up the town, i.e., Carlton; roads; public safety; equity sharing college housing;city hall rotunda needs to be finished; parks, trailer space; walking, biking; sales tax; TOT; maintain rural character; city history. Notes from the Council Strategic Planning Workshop—12005 George Youth; community center; get max of FEMA; need to go for best—set sights high; City Hall restore/maintain—get back into multiple use also; environmental protection—creeks,urban forest, wildlife—natural reserves position; downtown-timing is crucial for redevelopment; theater project; recreation; enhancement to quality of life; preservation is cheaper than restoration; downtown—want people walking, need commercial development;roads—some want them to be left alone; auto shop-eminent domain possibilities; commercial retail needs to happen;niche needs to be found; arts committee—evenings/weekend events; (we pay Steve's salary?); Roads—upset at what State does, continue roads/public safety, traffic;public safety needs—overtime issue; housing— 175 units?Haven't seen yet; need priorities,giving staff direction; Morrow Rd., City instead of cal Trans, also San Gabriel Rd. and Carmelita Access Way;Maintain current staff level; commercial retail—West Front project; downtown with retail — appearances/image—where is it?We need reasons to come; stimulate downtown, auto repair needs to move out of pedestrian areas;maintain uniqueness of Atascadero. Becky—Public Safety-understaffed, overworked;police; fagade improvement—lights downtown; housing for police/fire can help in funding; lay out how problems are interconnected; create new funds; revenue for city;traffic safety; capital improvements— more officers will eliminate overtime; ask staff to prepare hierarchy of options—lets move forward; expand fagade program; improve the website; discuss 10% staff changes on PD. Wendy-Stability in Police Department; vision/identity for Atascadero; need for public safety;increase in sales tax; TOT; assess the needs/what we want; roads—good roads equal safety;proactive in being in charge; it's up to.the City in spite of State; youth, community center,pool;planning progress; downtown, entertainment factor;cooperate with city, Main street,businesses,retail,restaurants,residents—marketing package went out; site plan will go to Planning; city hall rotunda—offices, city offices; downtown; enhancing development assets; get back into useful state; make better use. Jim—implementing loan programs;prioritizing projects, goals George—Public process is important i 8 37 Public Comment • Excited to hear the signal is going in! The process works; the youth community center is good • Ethics/responsibilities -good topics; performing arts; criteria of environmental enhancements, youth center-keep skate park; safe pedestrian, safe routes to school—need traffic enforcement. Sewage treatment is adequate,is on General Plan Development; City needs improvements: Notes from the Council Strategic Planning Workshop-1/2005 • Customer service starts at bottom; it works. Loves what's going on in Atascadero; create more revenue, business in Atascadero. Customer service has improved 1000% in last five years. We want to work in accord with City;Jim is asset;need to have everybody helping each other;encourage Wade and Jim— we'll help in everyway we can. We're jazzed to see what's going on. Wade—Leadership Academy-Customer Service task force Main street/City/Chamber Representatives to work together on city image possibilities Priorities: #A Public Safety • Overtime issue • Police enforcement/staffing • Fire enforcement/staffing • Housing—also offered to other city directors-through LAIF funds • Capital improvements • Access roads • Create positive level atmosphere • Jim to focus on grants, also Fire, Police • Wade to come back with strategy; strategy for funding #A Downtown Incentives—City Revenue • Income strategies • Incentives-reduced land cost • Developer deals/mixed use-incentive to come • TOT; Hotels/Bed &Breakfast • Commercial Retail—prime commercial • Mixed use • Retail space 9 38 • Non-monetary customer service incentives; calling councilmembers, attitude; Chamber references = all are important • Quality is not cheap • I"stop with 1St person at desk—good customer service is important #A Rotunda—Dictated by FEMA • Set money aside? • Use reserves? Notes from the Council Strategic Planning Workshop—1/2005 • Focus on historical preservation • Staff is designing to go back in #A Youth Center-negotiators are going out #A Roads—fix road programs! • Public threshold for interior roads • Logjams—Santa Rosa in process, Santa Barbara • ECR organizing signal 41/101 (Cal Trans standards vs. interior solutions • Break even on all development • Portola—make walking path at same time—opportunities for pedestrian trails • Have faith in staff-putting out fires • Maintain Atascadero road system City Attorney Expectations: • Project ahead workplan with Wade, Jim and Marcia • FEMA • Redevelopment/road situation resolved • Preventative lawyering • Police/Fire • Long term risk • Park preservation/tree preservation • Personnel issues • Liability issues • Keep city out of trouble • Be accessible • Be forthright • New orientation for Commissions and new Council • Presentation of Brown Act Update • Conflict presentation • Legal alert on new legislation, i.e., e-mail 10 39 • Seating/lighting system to be improved • Brief Council on new information at end of meetings • Accessible at meetings • Keep Council apprised • Protect City with heads up • Clue Council prior to meetings • Cost Recovery System • Keep.Council/Manager informed re Law • Identify key risk areas-from exposure Notes from the Council Strategic Planning Workshop—12005 • Keep Council on track • Closed Session disclosure for Real property • Add indemnity clause with developers • Tentative subdivision agreement; risk on developer—not City- Program direction on 1. PD7s-PD25 may be way to go 2. Mt. Lions—Brochure under program direction, educating is key;put on website, alert public 3. Creek set back-Will go to Planning Commission 4. Assisting on problem lots—don't purchase with tree funds;be cautious; don't i assist-liability;will look into �! 5. Sign code enforcement Wade will look at parameters; goes to Study Session Comments from the workshop: Wade-Enjoy the clarity,energy;Jim and Marcia also. George—Was useful; lots on our plate—get moving Tom—More time for fewer things—Study Sessions Jerry—Energized Pat - Informative Wendy—We are growing, utilizing so much Becky—Thank you, appreciated Pat; public safety will be better 11 40 � b t 3435 Valle Verde Drive.Napa, CA 94558.Office:7071252-2151 •Fax: 7071252-1349•Cell:707/333-2095 E--Mail Mathisl @napanet.net- Website www.MathisAssociates.com 12 41 ITEM NUMBER: A 6 DATE: 02/22/05 iais � i9� CADFg�� Atascadero City Council December 2004 Staff Report - City Treasurer December 2004 Investment Report RECOMMENDATION Council approve the City Treasurer's report for December 2004 REPORT IN BRIEF: Cash and Investments Checking $ 520,557 Money Market Accounts 2,358 Certificates of Deposit 6,826,441 Government Securities 4,370,721 LAI F 22,412,067 0 Cash with Fiscal Agents 2,519,175 Cash in Banks at December 31, 2004 $ 36,651,319 Deposits in Transit Outstanding Checks (439,496) Cash and Investments at December 31, 2004 $ 36,211,823 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 12/17/04 F.N.M.A. gov't security $ 300,000 12/16/09 12/29/04 Meridian Bank CD 99,000 12/29/09 Securities Matured: None Securities Sold/Called Prior to Maturity: Transaction / Original Cost/ Gain/(Loss) Tran Date Description /Type Maturity Call Price on Call Sold Leaders Bank $ 99,000 $ 99,000 $ 12/16/04 CD 01/09/07 Other Reportable Activities: None Page 1 of 12 42 CITY OF ATASCADERO TREASURER'S REPORT CASH& INVESTMENTS ACTIVITY SUMMARY FOR THE MONTH OF DECEMBER 2004 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at December 1, 2004 $ 386,019 $ 33,802,197 $ 144,114 $ 34,332,330 Receipts 2,848,489 (610) 2,499,184 5,347,063 Disbursements (2,903,951) (124,123) (3,028,074) Transfers In 2,399,000 2,209,000 - 4,608,000 Transfers Out (2,209,000) (2,399,000) - (4,608,000) Balance per Banks at December 31,2004 $ 520,557 $ 33,611,587 $ 2,519,175 36,651,319 Deposits in Transit _ Outstanding Checks (439,496) Adjusted Treasurer's Balance $ 36,211,823 43 Page 2 of 12' Ah ON N M h n V e{ 7 O 10 00 O+' V 00 1D O vt 0, W of p y1 W .m. vi N r4 M 10 .M. .fir .moi V N m l� a N n O W Vi Vi' i� r D\ r n DD O1 v) O\ D\ N 110 1100 O r p 00 O O O O O O p p p I O n1 O oo v1 O O O p p 0p p p p. �..rn v o rn v rn o1 rn rn O. 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It N le u +, o .S w16 f U ►yyr o Q v c c c > W W to U o H ti m C Z4t v r o [ o a 61 0 r4 u N " z GL ¢ � .0 : lam 49 City of Atascadero Investments by Type December 2004 Government Securities Cash with Certificates 12% Fiscal Agent of Deposit 7% 19% Other 0% LAIF 62% Investment December 2004 LAIF $ 22,412,067 Certificates of Deposit 6,826,441 Government Securities 4,370,721 Cash with Fiscal Agent 2,519,175 Other 2,358 $ 36,130,762 Page 9 of 12 50 City of Atascadero Investments by Maturity December 2004 One Month Within to One Year 3% One Month One to Five Years 0% 30% On Demand 67% Investment December 2004 On Demand $ 22,414,425 Within One Month 96,063 One Month to One Year 993,384 One to Five Years 10,107,715 $ 33,611,587 Page 10 of 12 51 City of Atascadero Investments by Custodial Agent December 2004 RBC Dain Rauscher Bank of 21% New York 7% City of Penson Atascadero Financial Corp. 0% 10% iState of California 62% Custodial Agent December 2004 State of California $ 22,412,067 Penson Financial Corp. 3,681,354 RBC Dain Rauscher 7,469,591 Bank of New York 2,519,175 City of Atascadero 48,575 $ 36,130,762 Page 11 of 12 52 City of Atascadero Investment Yield vs. 2-Year Treasury Yield For the Year Ended December 31,2004 3.50% 3.00% 2.50% 2.00°!° ,; y 1.50% 1.00% 0.50% 0.00% i o° o° 00 'L �`L cT <T, ��� 5 e e e e Oe � �e Q- eQtie po ore e� City Yield --0-2-Yr Treasury Yield 2-Yr Treasury City Yield Yield December 2003 2.11% 1.91% January 2004 2.10% 1.76% February 2004 2.03% 1.74% March 2004 2.07% 1.58% April 2004 1.98% 2.07% May 2004 1.97% 2.53% June 2004 2.03% 2.76% July 2004 2.13% 2.64% August 2004 2.17% 2.51 September 2004 2.21% 2.53% October 2004 2.29% 2.58% November 2004 2.25% 2.85% December 2004 2.32% 3.01% 53 Page 12 of 12 I ITEM NUMBER: A-7 DATE: 02/22/05 q all ' R 0 1918 1 791 8 Atascadero City Council Staff Report— City Manager's,Office Parks & Recreation Commission Appointments Amend Resolutionof Procedures for the Selection of Commissioners RECOMMENDATION: Council adopt draft Resolution, adopting revised procedures for the selection of Committee, Commission and Board Members. DISCUSSION: The City Council reviewed the appointment process for Commission Members during their meeting of September 14, 2004. The Council directed staff to bring forward an Ordinance and Resolution that would reflect a deduction of the number of members for the Parks & Recreation Commission from seven to five. The Council adopted the Resolution at their September 28, 2004 meeting (Resolution No. 2004-080), however, the Ordinance did not pass its second reading in October 2004. At that time, there was Council consensus to consider the makeup of both Commissions at the next strategic planning session in January 2005. The City Council did not discuss the Commissions at their January 2005 strategic planning session, therefore no changes were made. As a result, Resolution No. 2004- 080 does not reflect the Council's preference to keep the Commissions at seven members. The adoption of the attached draft Resolution will return the procedures for the selection of committee, commission and board members back to seven member commissions, with five directly appointed members and two at-large members. FISCAL IMPACT: None ALTERNATIVES: Council not adopt the draft Resolution. This would cause the procedures for the selection of committee, commission and board members to be inconsistentwiththe City's current Municipal Code relating to the appointment of commissioners. ATTACHMENTS: Draft Resolution 54 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTINGREVISED PROCEDURES FOR THE SELECTION OF COMMITTEE, COMMISSION AND BOARD MEMBERS WHEREAS, The Atascadero City Council recognizes that citizen participation in local government plays an important and active role in the City of Atascadero; and WHEREAS, -The Atascadero City Council-has established committees, commissions and boards to assist in conduct of municipal affairs; and WHEREAS, The Atascadero' City Council did adopt Resolution No. 35-81 on November 9, 1981 establishing selection procedures for committees, commissions and boards; and WHEREAS, The Atascadero City Council did adopt Resolution No. 23-95 revision Resolution 35-81, establishing selection procedures for committees, commissions and boards; and WHEREAS: The Atascadero City Council did adopt Resolution 23-97 revising Resolution 35-81, establishing selection procedures'for committees, commissions and boards; and WHEREAS, The Atascadero City Council did adopt Resolution No. 2003-008 revising Resolution No. 23-97, adopting revised procedures for the selection of committee, commission and board members; and, WHEREAS,` The Atascadero City Council did adopt Resolution No. 2004-080 revising Resolution No. 2003-008, adopting revised procedures for the selection of committee, commission and board members; and, WHEREAS, The Atascadero'City Council desires to update and revise said selection procedures;and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. ;P ose. The purpose of this resolution is to revise established procedures for the Council to follow in recruiting, selecting and appointing members to City committees, commissions and boards created pursuant to statute or by action of the City Council. Appointments and,replacements will be made pursuant to the provisions of Government Code Section 54970 et seq., and the following. The City Council has ordained that appointments to the Planning Commission and to the Parks and Recreation Commission are,to be made as follows: Five individual appointments and two at large appointments. The at large,appointments are to be 10 made by a majority vote of the City Council. 55 City of Atascadero Draft Resolution Page 2 of 3 SECTON 2. Recruitment Nomination and Eligibility. Announcements of openings for any committee, commission or board to which members are appointed by the City Council will 40 be coordinated by the City Clerk. Any person desiring to be considered for appointment to any City committee, commission or board may complete an application provided by the City Clerk. Applications are accepted year-round and shall remain on file for a period of one year from the date received. Applicants may be considered for future vacancies, for the specific committee, commission or boardfor which they applied, should a vacancy occur during the year. At any regularly scheduled or a special council meeting properly noticed for that purpose,any member of the City Council may also nominate a person to be considered for at large appointments to any City committee, commission or board. All applicants and nominees shall be a resident and registered voter of the City of Atascadero, and shall meet any announced additional criteria as established by the City Council. All appointees are subject to financial disclosure,pursuant to the Political Reform Act. SECTION 3. Interviews. All applicant and nominees meeting the criteria established in Section 2 may be interviewed by the City Council during a properly noticed meeting. Interviews, if held, will be open to the public. An individual council member is not required to interview candidates for individual appointments,but may do so if they wish. SECTION 4. Selection of at large members of the Planning Commission and the Parks and Recreation Commission and of members of other commissions. a. Council Members will vote for the candidate(s) of their choice by placing their name and circling the name of their selection(s) on a ballot form provided by the City Clerk. Candidates' names will be placed in alphabetical order on the ballot form. b. After the City Council has had an opportunity to make its individual determination, the City Clerk will collect the ballots and will announce first the Council Member's name and second, the name(s) of the candidate(s) of that Council Member's choice(s). Results of each individual Council Member vote will be a matter of public record. c. The candidate or candidates receiving a majority of the votes of the Council Members present shall be appointed. In the event that no candidate or candidates receive a majority vote or in the event of a tie vote, then a run-off ballot or ballots will be cast, following the procedure of sub-paragraph a. above. The run-off candidates will consist of all candidates receiving at least two (2) votes and if not more than one of the candidates have received at least two (2) votes, then all those receiving a least one (1) vote will participate in the runoff balloting. This procedure shall be continued until a majority vote is cast, or until a majority of the council votes to reopen nomination. In such event the matter may be tabled until the next regularly scheduled council meeting for further nominations. 56 City of Atascadero Draft Resolution Page 3 of 3 On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirely on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C.City Clerk Wendy Scalise,Mayor Patrick L.Enright, City Attorney • 57 ITEM NUMBER: A-8 DATE: 02/22/05 1918 ® 1 8 Atascadero City Council Staff Report- Community Services Department Amendment Extending the Boat Rental Concessions Agreement at Atascadero Lake Park RECOMMENDATION: Council authorize the City Manager to sign an Amendment to the Atascadero take Boat Rental Concessions Agreement with Lloyd Reeves, Atascadero Kayak & Sail, Inca extending the Agreement for one additional year. DISCUSSION: On March 13, 2001, the City Council authorized the assignment of the remaining terms of the Equipment Rental Concessions Lease at Atascadero Lake Park to Lloyd Reeves of Morro Bay. Lloyd Reeves, who has established and operated Atascadero Kayak and Sail out of Atascadero Lake Park, has submitted a request to the City requesting an extension to the current agreement. Staff is recommending that the terms of the current agreement be extended an additional year. Atascadero Kayak and Sail has been a reliable concessionaire and has provided the City of Atascadero with a steady source of income from this concession arrangement. This year, Mr. Reeves has purchased new kayaks and equipment to enhance the concession. The current financial conditions of this lease agreement require the Concessionaire to pay the City $2,500.00 per year plus 9% of gross sales in exchange for the concessions rights. Mr. Reeves has consistently made improvements and additions to the boat rental operation at Atascadero Lake and has been very_cooperative in his dealings with City staff and the public. This public/ private partnership has provided a-leisure service to the residents of Atascadero and in the opinion of staff should be continued. Staff recommends that the City Council authorize the City Manager to sign the Amendment extending the Atascadero Lake Boat Rental Concessions Agreement with 40 Lloyd Reeves for an additional one (1) years. 58 ITEM NUMBER:- A-8 DATE: 02/22/05 FISCAL IMPACT: Approximately $5,000.00 in revenue for the City of Atascadero. ALTERNATIVES: None proposed ATTACHMENTS: 1. Lease Amendment 2. Atascadero Lake Paddieboat Concessions Agreement 59 AMENDMENT The City of Atascadero hereby amends Section 4.04 of the lease assigned to Lloyd Reeves for the lease of premises and operation of an equipment rental concession at Atascadero Lake Park. This amendment extends the terms of the agreement one (1) additional year. Rental consideration by the Contractor during the two additional years, except where specified otherwise, will be determined at the same rate as the final year of the original agreement, $2,500.00 per year and 9% of gross receipts. The Agreement shall terminate on December _31st, 2005, unless otherwise extended or terminated by provisions of the agreement. The contract is attached hereto as an exhibit and included as though fully set forth herein. PARTY ADDRESS A. CITY OF ATASCADERO 6905 EI Camino Real, Ste. 6 Atascadero, CA 93422 Attention: (Public Works Department) B. Lloyd Reeves Atascadero Kayak and Sail P. O. Box 689 Atascadero CA 93423 Executed on 2005, at Atascadero, ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson By:Wade McKinney City Clerk City Manager APPROVED AS TO FORM: Patrick Enright By:Lloyd Reeves City Attorney Contractor APPROVED AS TO FORM: Rachelle Rickard Administrative Services Director 1 60 Contract No. 97010 I AGREEMENT FOR SERVICES BY CONTRACTOR DLE BOAT, WATERCRAFT AND RECREATIONAL EQUIPMENT CONCESSION OPERATION AT ATASCADERO TAKE PARK APRIL 26, 1997 - DECEMBER 31, 2001 This agreement is made upon the date of execution, as set forth below, by and between "BEACH CYCLE RENTALS OF PISMO BEACH" hereinafter referred to as "Contractor" Atascadero, California, `a Municipal Corporations hereinafter referred to as "City. " The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERM This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. ' 1.02 SERVICES TO BE PERFORMED BY erforCONTRACTOR: Contractor agrees to pm or provide the services specified in "Description of Services" attached hereto as "Exhibit All hereby incorporated herein. Contractor shall determine the method, details and means of performing the above-referenced services. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1.03 RENT/ PERCENTAGE OF GROSS SALES RECEIPTS: In consideration for the termsofthis agreement, the contractor will pay the City an annual flat fee and percent of the total gross earnings monthly of all monies from sales received" by the Contractor from the use of the equipment and premises described in this contract. The annual flat fee and Percentage will be paid according to the "Exhibit B" . Gross earnings shall not include any sales or excise taxes imposed by any governmental entity. Payment to the City of Atascadero of the monthly flat fee Payment and the percentage gross of earnings received shall be made by the tenth (10th) day of each month. Payments are required to be submitted to the City of Atascadero, Department of Community Services, Room 107, At-ascadero, California (Attention: Geoff English, Recreation Supervisor) . . l . 5 61 _Payments received from the tenth 10th twenty fifth (25th) of each month shall be considered f each month to the delinquent and assessed a* ten percent (10$) penalty. Payments received -after .the twenty-fifthy each month shall be assessed an additional ten 10%) penalty. ( ) Failure by the Contractor to tender payment to 'the Cit within thirty (30) days of an y sufficient cause for the City to erminateduethissagreement. 1. 04 LOCATION: Premises of operations is the boat docks located adjacent to Atascadero Lake _in`Atascadero Lake Park 9315 Pismo Avenue, Atascadero, California. ' 1. 05 SUBLEASE. Contractor shall not sublease or otherwise convey any interest of any sort granted by this agreement to any -person or persons whatsoever without prior written consent- and approval by the City. 1. 06 RECORDS AND ACCOUNTS: Contractor shall keep true and accurate books and records showing all of its business transactions in separate records of account for the concession operation, in a manner acceptable tothe City. . the City shall have- :the right, through its representatives and at all reasonable times, to inspect such books and , records, including State of California sales tax records. The City may require Contractor, at his expense, to have his records and accounts audited by an auditor acceptable to the City and shall _present saidaudit to the Director of Administrative Services within thirty (30) days after the completion of the audit. If *Contractor fails to provide the required audit, the City shall contract to have an audit performed at the Contractor's expense. 1 .07 CONDITIONS OF PREMISES: the sub 'e-ct The taking of . possession of J premises by Contractor shall, in itself, constitute acknowledgement that the premises are in good and tenantable condition. Contractor agrees to accept said premises in the present existing condition, "as is" and the additions, or betterments thereto. Contractor may construct or modify the said premises with Prior written approval by the Director (or designee) of the Department of Community Services. r uch construction, if applicable shall bensubmitted y plans otoSthe City for approval. Such construction or modification shall be Without cost to the City. 2 62 - 1 .08 SIGNAGE: All signs, names or placards shall be approved by the Department of Community Services prior to installation.. All signs must meet all requirements and specifications as set forth by the City. 1 .09 DAMAGE TO/DESTRUCTION OF PREMISES Should the subject premises or the building and other improvements in which the subject premises are situated be totally or partially damaged or destroyed, the City shall promptly repair the same, except that the City shall have the option to. terminate this 'Agreement if (a) the subject premises or the building and improvements in which the promises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to the City; or (b) if the costs of such restoration would exceed one-half ( 1/2) of the full insured value of the building. and other improvements in which the subject premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. . Any notice of termination given here shall be given to Contractor with fifteen ( 15) days after City determines the period of time required for and the estimated cost of such repair or restoration. 2.00 OBLIGATIONS OF CONTRACTOR 2 . 01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Con tractor's sole discretion, as long as the performance of these extra-contractual services -does not interfere with or presents.. a conflict with City's business. 2 . 02 HOURS OF OPERATION: Hours of operation to he established by Contractor upon mutual agreement with the Director (or designee) of the Department of Community Services . 2 . 03 PERMITS: Contractor is required to provide City, prior to commencement of operation of concession, a copy of a City Business License and a Board of Equalization Certificate. 2 . 04 TAXES: Contractor agrees to pay all lawful taxes, assessments or charges which may be levied by government entities. 63 3 2_. 05E )UIPMENT- Contractor, hi - own ex , s completely equip the concession tands keep allenseequipmentlin a good repair and in safe operating condition in a manner to satisfy of the Department of Community Services throughout the term of this contract. Daily .inspections of the contractors equipment must be maintained. and available for review upon request of the City of Atascadero. Contractor shall have a -right to 'Use five (5) City owned Paddle boats and floating dock area. In addition, the Contractor shall have the right to use a fenced cemented area directly in front of the floating dock area. 2 .06 UALITY OF SERVICE/CONTROL The Cit ICED RATES AND CHARGES y has the right to inspect and schedule the prices and rates of goods sold upon the subject premises. The City reserves the right to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise/ deemed necessary for proper service to the public. Contractor shall post rates and prices of all items in such Places as designated by the City. 2 . 07 SECURITY / COMM[TNICATIONS or agrees to Provide telephone and security alarm eservi.cestto concession throughout the duration of this contract ract at contractor's 2 . 08 . TOOLS AND INSTRUMENTALITIES: all toContractor shall provide ols and instrumentalities to perform the services under this agreement. 2.09 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents has no right to work- er's compensation and other employee benefit. If an insurance_protection is desired, Contractor agrees to .provide worker's compensation and other employee benefits,_ where required by law, for Contractor's employees and agents . Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Con- tractor's employees or agents. 2 . 10 INDEMNIFICATION: Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, of- agents and employees, harmless and shall defend the same from any liability for damage 'or claims for damage, or suits or actions at law or in equity which may allegedly ise from Contractor's or any 'of Contractor's employees' or agents' operations under this agreement, whether such opera- .icj'_ ry 647 ons be by Contractor or by any one or more persons direct- 1Y or indirectly employed by, or acting as agent for, Con- tractor; provided as follows: a• That the City does not, and shall not, .waive any rights against Contractor .which-it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by Contractor shall apply toalldamages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to• any -•of such damages or claims for damages. 2 . 11 INSURANCE: Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: * a• Public Liability and Property Damage Insurance Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor .and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor' s or any subcontractor's operations under this *contract, whether such operations be by Contractor -or by anyone directly or indirectly employed by Contractor, the amounts of such insurance shall be as.. follows : ( 1) Public Liability Insurance. In an amount not less than $500,000 per injury, including, but not limited to death to any one person and, subject to the same limit for each person, in an amount not less than $1,000,000 on account of any one occurrence; (2 ) Property Damage Insurance. In an amount of not less than $50,000 for damage to the property of each person on account of any one occurrence . 65 5 (3) Comprehensive Automobile Liabilit . Bodily injury liability coverage of $500,000. for each person in any one accident and $1,000,000_for injuries sustained by two. or more persons in any one accident. Property damage liability of $50,000 for each accident. '(4) Worker's Com ensation insurance. In the amounts required by law, if applicable. b- PROOF OF INSURANCE. Contractor shall furnish Cit execution hereof, with satisfactoryproof o with the arriage of the insurance required, and adeuate �legal cassurance that each carrier will give City at least thirty (30) days ' prior notice of the cancellation of any policy during the effective period of this contract'. The certificate or policy of liability. of insurance shall name City as an additional insured with the Contractor. 2 . 12 CONTRACTOR'S MAINTENANCE: In this Agreement Contractor, atxitstowns cost andeeprovided agrees: xpense a• To maintain throughout the agreement term in good sanitary order, condition, and repair, ,all Portions of the leased premises, including, without limitation, (a) the five (5) City-owned paddle boats, the floating dock area and the fenced, cemented area directly in front of the floating dock (b) any personal property of the Contractorsituatethe subject premises; d in or upon b• To notify the City promptly of any damage to the. subject premises situated resulting from. or attributable to the acts or omissions of the Contractor, its invitees or its authorized representatives, and thereafterPromptlyto repair all such damage at Contractor's sole cost and expense. C. Contractor waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Contractor's right to make repairs and to deduct theexpenses thereof from the monthly payment payable by the Contractor. 2 . 13 UTILITIES: Contractor shall a including water, as and heat pay the actual utilities, the subject , gas, . light and power supplied to premises . There are customary and reasonable 6p 66 cha- rges one would expect to pay for these services. The contractor agrees to pay their fair share of all utilities including water, gas, heat,' •light and power supplied. to subject premises, based on the percentage of square feet of subject premises compared with the utility charges for *the entire building site, up to a maximum charge of $200 . 00 per month. The charges will •be billed to the Contractor monthly, and payable to the City of Atascadero. Contractor shall make all arrangements for and pay the charges when due for telephone service. The suspension or interruption in utility service to the leased premises for reasons beyond the ability of city to control shall not constitute a default by 'City or entitle Contractor to any reduction or abatement of the monthly payment due to the City. 3.00 OBLIGATIONS OF CITY 3 . 01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 3 . 02 PLACE OF WORK: City agrees to furnish the use of the floating docks located in Atascadero Lake Park use by the Contractor while performing the services described within this contract. 4 .00 TERMINATION OF AGREEMENT 4 . 01 TERMINATION ON NOTICE Notwithstanding any other pro- Vision—of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least thirty (30) days prior written notice to the other Parties to this agreement. 4 . 02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events (1) Bankruptcy or insolvency of any party; (2 ) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty (30) days as set forth in this agreement (S) End of the contract to which Contractor's services were - necessary; or (6) Assignment of this agreement by Contractor •without the consent of the City. 67 41.03 TERMINATION BY ANY PAR Should an y FOR DEFAULT OF CONTRACTOR: y part default in the performance of this agree Ment or materially breach any of its provisions a no - breaching party, at their o tion n meat, immediately, b p f may terminate this agree- to the breaching y giving written notice of termination party. 4 .04 TERMINATION: This Agreement shall terminate Decmeber 31, 2001, unless extended as set forth in Section. The Ci this authorized to City, withthe tee agreement of the Contractor, is termination date, as needed,�under if hthe is Asame terms and the tions set forth in this Agreement. Any such extensiond condi be in writing and be an amendment to this Agreement. shall 4 . 05 REMOVAL OF ALTERATIONS: to Contractorwithin _thirt City, by giving written notice or toon of y X30) days before the expiration Contractort1at itstsolegcostent may elect to require _ alterations specified b Cit and expense, to remove the such re y y in its notice, and' shall make pairs necessitated by the removal of said alterations, and any damage resulting therefrom, 'as may be necessary to restore the subject and repair, excepting only reasonable 1weartand. td condition the last day of the lease 'term or within thirty before the City. s notice. This stipulation will affe 30) days of improvements agreed to by the Director of Community any Services, as described in Section 1.07 of this agreement. 5. 00 MISCELLANEOUS 5 . 01 --_S: The remedies set forth in this a re emen shall not be exclusive but shall be cumulative w.ithf andtin addition to, all remedies now or hereafter allowed by law or equity. 5 . any pe wa NO WAIVER: The anver of any breach by an yart o y rovision of this agreement shall not constitute acan_ tinuing waiver or a waiver of any subsequent breach of this agreement. 5 . 03 ASSIGNMENT: This agreement is specificall not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, byoperationof law or otherwise, is void and is a material breach of this agreementivin rise to a right to terminate as set forth in Section 4 .03. 5 . 04 ATTORNEY FEES: * In the event of any controversy, �� Or. dispute between the parties hereto, arising out f,or aim relating to this agreement, or the breach thereof, the pre- vailing party shall be entitled, in addition to other such - 8 l a� � .J68 relief as may be granted, to a reasonable sum as and for attorney fees. 5 . 05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this 'agreement, should the performance of any act required by this _agreement,to be performed by either party he prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; pro- vided, however, that nothing contained in this Section shall exclude -the prompt payment by either party as required by - this agreement or the performance of any act rendered dif- ficult or impossible solely because of the financial condi- tion of .the party required to perform the act. 5 . 06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally deliv- ered or' in lieu of such personal service when deposited in the 'United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Department of Atascadero, CA. 93422 Community Services Attention: Recreation Supervisor -(805) 461-5003 / 461-5002 B. CONTRACTOR BEACH CYCLE RENTALS 150 Hinds Avenue Pismo Beach CA 93449 Attention: Bill Rabenaldt (805) 773-5518 5 . 07 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 69 _ 9 5 . 08 BINDING EFFECT- T his ent- shall e binin and shall inure to the benefit rofmthe heirs,bexecutors on ad- ministrators, successors and assigns of the parties hereto but nothing .in this Section shall be construed as a consent by Cit in this to any assignment of this agreement or any interest agreement. 5..09 SEVERABILITY: Should_an be held b Y provision of this agreement y a court of competent jurisdiction or by a legis- lative or rule making act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired b the holding, legislation or rule. �' 5 . 10 SOLE AND ENTIRE AGREEMENT: the sole and entire agreement betweenstherpartiescwittitutes respect to the subject matter hereof. h agreemet correctly sets forth the obligations ofTthe partiesnhereto' to each other as of the date of this agreement. All agreements or representations respecting the subject matter Of this agreement not expressly set forth or referred to in this agreement are null and void, 5' 11 TIME: Time is expressly declared to be • of this agreement. of the essence . 5. 12 DUE AUTHORITY.- The individuals executin thisPartzes hereby represent that the exressl authorized to do so on and inreement behalf ofethePparties. 5 . 13 CONSTRUCTION: Theparties a opportunity to have their counsel reviewree hthisach agreementhas haaanan d that any rule to the effect that ambiguities are to be resolved against the .-drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience andreference only, ed to be construed- to define or limit theaprovi.sions to whnd are not ich they relate y 5 .14 AMENDMENTS: Amendments t made oo this agreement shall be nly with the mutual written consent of all of the parties to this .agreement. 10 70 Executed on April 8 , 1997 , at Atascadero, California. Attest: T Y ,OTA CADERO MARCIA 'TORG~ERS $y ON S NCity-Clerk Approved as to form: ROY LEY, CONTRACTOR Ci Attorney 71 EXHIB - IT A PROFESSIONAL SERVICES TO Bg PERFORMED BY CONTRACTOR Contractor shall provide consultation and Professional services to City as follows: i P onal management The Contractor shall utilize said premises for the he following A. Premises shall be used for the purpose of re ntin boats, appropriate watercraft, bicycles and otheg paddle mutually agreed upon recreational equipment. B. Furnish and install at his own expense, all necessa equipment required for proper service to the generalyublic. C. The storage and service thereof shall be in an are P by the Director of Community Services, a approved D. Furnish and maintain proper facilities e uiment and devices for the concession as herein providea �• Operate the facility in a business-like er to the satisfaction of the Department of Community nServices, and maintain said areas in conformance with the highest standards of health and safety for patrons of said operation. F- All items to be sold shall be approved b th . Community Services. No food Y e Department ®f or beverages may be sold. C= \WP51\CNTRCTS\NCIINC96.LEA - - 72 EXHIBIT B CONTRACTOR PAYMENT SCHEDULE Contractor will pay .the City Annually: YEAR FLAT FEE PERCENTAGE OF .GROSS RECEIPTS . .1997 $ 2,000 .00 5 1998 $ 2,500.00_. 6 � 1999 $ 2,500.00 7 $ 2000 $ 2,500.00 8 $ 2001 $ 2,500.00 9 $ C: WP51 CNTRCTS\NC I INC 9 6.LEA e 73 ITEM NUMBER: B-1 DATE: 02/22105 CAD�� Atascadero City Council `Staff Report - Community Development :Department Atascadero Avenue Planned Development: Vintage Homes ZCH 2004-0086/CUP 2004-01`32/TTM 2004-0055 (Caliber Home Developments) RECOMMENDATIONS: Planning Commission Recommends: Council: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004- 0050; and, 2. Introduce for first reading, by title only, draft OrdinanceA approving Zone Text Change 2004-0086 establishing a PD-25 Overlay District based on findings and with staff recommend change to parking requirements; and, 3. Introduce for first reading, by title only, draft Ordinance B approving Zone Change 2005-0095 based on findings; and, 4. Adopt B approving Conditional Use Permit ' 2004-0132 (Master Plan of Development) based on findings and-subject to Conditions of Approval and Mitigation Monitoring; and, 5. Adopt Resolution C approving Vesting Tentative Tract Map 2004-.0055 based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT-IN-BRIEF: The proposed project consists of a Zone Text Change to establish a Planned Development #25 Overlay Zone, and Zone Map Amendment to establish a PD-25 Overlay Zone over the subject site with a corresponding Master Plan of Development (CUP) and vesting Tentative Tract Map that would allow a 12-unit attached multi-family residential planned development. The project site currently consists of three individual 40 lots and is located along Atascadero Avenue at the terminus of Sierra Ave. The project 74 ITEM NUMBER: B-1 DATE: 02/22/05 includes the demolition of 4 existing residential units. The project is designed with 6 buildings, each consisting of 2 residential units for a total of 12 residences on individual lots. DISCUSSION: Situation and Facts: 1. Applicant/, Representative: Caliber Home Developments. 317 Ocean View Avenue, Suite 1 Pismo Beach,'CA 93449 2. Project Address: 6709, 6725, 6735 Atascadero Ave.(APN 030-281-014, 015, 016) (San Luis Obispo County). 3. General Plan Designation: HDR (High Density Residential) 4. Zoning District: RMF-16 (Residential Multi-family- 16) b. Site Area: 0.85 acres 6. Existing Use: 4 residential units 7.-Environmental Status: Proposed Mitigated Negative Declaration 2004-0050 Background On January 18, 2005, the Planning Commission held a public hearing for the proposed project and zoning code amendment and recommended that the City Council approve the proposed project, with the following conditions added: Condition CUP 22: The foundation design for the units impacting trees 54, 58, and 59 shall be designed to bridge the -root system, as recommended by the arborist in the project report dated July 26,2004. Condition CUP 23: The one bedroom units along the Atascadero Ave frontage shall include aminimum Y2 bath (sink and toilet) on the upper floor. Revised Mitigation Measure 1.c.1: Proposed residences shall utilize a darker earth toned colors with compatible accent colors throughout the project. The proposed development shall respect the historic nature of the neighborhood by utilizing smooth finish stucco and traditional scaled windows. The shared driveway 10 shall be of a decorative nature to minimize the visual impact 75 ITEM NUMBER: B-1 DATE: 02/22/05 of the paved area. The units shall incorporateheavier trim elements and a wrap around porch shall be included on units A, B, E, and F. The Commission recommended project approval with the establishment of PD-25 on a 6-1 vote. Existing Setting: North: Residential Multi-Family East: Residential Multi-Family South: Residential Multi-Family West. Residential Single Family Subject Site Atascadero Ave. The project site is within the High Density Residential General Plan land use designation and is zoned Residential Multi-family-16, which allows for a maximum density of 16 units per acre. The properties along Atascadero Ave consist of existing single-family residences and multi-family developments: ANALYSIS: The proposed site plan has been designed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. Six new buildings are proposed on site, each with two residential units. The units range from 964 square feet to 1,329 square feet with a one car garage located on the ground floor of each unit. Additional resident parking is provided for in front of each garage with 4 guest spaces provided toward the rear of the site. 76 ITEM NUMBER: B-1 DATE: 02/22/05 As a Planned Development, the City Council must find that the project provides high quality architectural, landscape, and site design to warrant the granting of special development standards: Appearance Review Site Plan, Circulation, and Parking The project is designed around a central parking court aligned with Serra Ave- and includes the following desirable site design elements: • Open space feature at the terminus of the parking court with accent landscaping. • Decorative paving (stained concrete for main court, brick accents for individual driveways and pathways) • Offset project entry • Retention of existing mature sycamore trees along the Atascadero Ave. frontage. Based on parking requirements set forth in the Atascadero Municipal Code for multi- family residential units, a minimum of 25 spaces is required to be provided on site for the proposed residential units. 28 spaces are provided throughout the project with one covered space for each residential unit. Staff has received_a number of calls expressing concerns about parking in Multi-family neighborhoods. While this project meets PD-25 parking standards and exceeds current multi-family parking standards, staff has concerns regarding parking for larger units which could be proposed under the PD-25 overlay district. As such, staff is recommending that the proposed parking standards be modified to require 3 parking spaces for each unit with 4 or more bedrooms. Staff is recommending that the text read as follows: v) The total number of parking spaces shall be provided as follows: i. 2 spaces per unit for units with less than 4 bedrooms. One additional space for each additional bedroom. All spaces must be located on the individual lot. ii. Guest parking provided at a ratio of 1 space per every 3 units.* *Guest parking may not be located adjacent to the public street frontage. Curb, gutter, and sidewalk are provided along Atascadero Ave. The sidewalk has been designed to avoid existing sycamore trees. Architecture, Materials, and Color 77 ITEM NUMBER: B-1 DATE: 02/22/05 The project has been designed with Craftsman style architecture that incorporates traditional Colony style elements. Minor conditions of approval have been included regarding the exterior material finish (smooth plaster siding, architectural grade garage doors) (Conditions CUP 7). The buildings located along the Atascadero Ave frontage are oriented to the street and are designed to have a single-family appearance. The following design features have been incorporated into the project, compatible with the surrounding neighborhood and in compliance with the standards for a Planned Development: ■ One-car garages reduce the appearance of the garage. ■ Covered porches ■ Variety of materials (smooth finish stucco and horizontal wood siding) ■ Traditional window design ■ Wood balcony railing • Bracketed eaves Landscape Design The preliminary landscape plan has been designed to retain existing mature sycamore trees and accentuate site design features such as the open space amenity area and the parking court streetscape. .Proposed landscaping includes drought tolerant shrubs and accent plants, with a combination of evergreen and deciduous trees placed throughout the site. Planning Commission has determined that the proposed landscape plan meets the required findings for approval of the Planned Development. Native Tree Mitigation/Preservation A tree removal application for 4 native trees is included with the proposed development, 1 of which is in excess of 24" dbh. A condition of approval has been included requiring that the applicant pay mitigation fees into the Tree Replacement Fund or provide equivalent re-plantings on site, as required by the Atascadero Native Tree Ordinance and as shown in the following chart (Condition CUP 21). 78 ITEM NUMBER: B-1 DATE: 02/22/05 Evergreen Native Trees(inches) Deciduous Native Trees(inches) Totals dbh notes dbh notes 1 20-inches 1 18-inches 2 25-inches 2 13-inches 3 3 4 q 5 5 6 g Total 45-inches Total 31-inches 76-inches Mitigation Requirement req'd tree replacements: 15 five gal trees req'd tree replacements: 21 five gal trees 36 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees Of ive gal trees 0 box trees(24") 0 box trees(24") 0 box trees(24") Remaining Mitigation 15 five gal trees Remaining Mitigation 21 five gal trees 36 five gal trees Tree Fund Payment: $ 750.00 Tree Fund Payment: $ 1,033.33 $ 1,783.33 In addition, due to required frontage improvements for the proposed development, the existing sycamore trees along the Atascadero Ave. frontage will be impacted greater than 50% of the tree dripline. As such, staff is recommending that a mitigation deposit be collected and that, should the trees need to be removed due to construction impacts, the trees be replaced with a minimum 24" box size like species trees (Condition CUP 21). Any additional native tree removals will be subject to Planning Commission approval. Site Drainage Historically, the site drains to the north east corner of the project site. The project is designed to maintain historic flow to the rear of,the site and will be detained in a detention basin incorporated into the open space area. These facilities will detain the flow of up to a 50-year event and release it at a post construction historic rate. There will be no increase in the volume of flow downstream. Wastewater Sanitary sewer will be connected to existing sewer facilities in Atascadero Ave. The Wastewater Treat Plant and the City collection system have sufficient capacity to handle the new flow. Proposed PlannedDevelopment Overlay 25 The proposed project requires the establishment of a Planned Development Overlay Zone to allow for the requested subdivision. Based on the General Plan requirements and proposed project description, staff has prepared the following standards for a PD- 79 ITEM NUMBER: B-1 DATE: 02/22/05 25 Overlay Zone. Adoption of the Planned Development Overlay Zone text is required for the project to proceed. 9-3.670.Establishment of.Planned Development Overlay Zone No.25: (131325). Planned Development Overlay Zone No. 25 may be established in Residential Multi-family zones. The maximum residential density within the planned development shall not exceed the densities allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by all projects within the PD25 overlay zone: a) All site development shall require the approval of a Master Plan of Development.All construction and development shall conform to the approved Master Plan of Development,as conditioned. b) The Tentative Tract Map and any subsequent amendments for the site shall be consistent with an approved Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. d) All proposed projects shall be no fewer than 4 residential units and no greater than 12 residential units. e) A parent lot or lots shall have frontage on a public street. f) Access off of the public street shall be designed as a parking court if the distance from the back of sidewalk to the terminus of the court is less than 150 feet and shall include the following elements: i. 16 feet paved width minimum (decorative concrete or pavers)with 2 foot shoulders of low lying landscaping (subject to Fire Department approval). ii. Decorative paving continuous throughout the parking court. iii. Address marker at the entrance to the court. Multiple parking courts can be joined providing that each court meets the above standards and that only one court per street access be established. g) Appearance of each dwelling unit, site landscaping,site development, and amenities shall be consistent with the Atascadero Appearance Review Manual. All landscaping shown on the approved landscape plan.will be installed by the developer and shall be maintained as approved. h) Building setbacks shall be as follows: Setback from public street frontage: 12 feet from right-of-way/back of sidewalk (whichever is greater)when minimum 6 foot landscape parkway provided. 18 feet from right-of-way/back of sidewalk (whichever is greater) when no parkway is provided. Porches can encroach up to 3 feet into the required setback. Setback from parking court/interior street: 8 feet to porch 10 feet to front of residence 80 ITEM NUMBER: B-1 DATE: 02/22/05 10 feet minimum to garage (if one car garage proposed, the second parking space must be located in the driveway with a minimum length of 20 feet) 5 feet to side of residence Setback between buildings: _10 feet minimum (unless attached) Rear yard setback: 12 feet minimum i) Porches shall be provided for each unit.Porches shall be a minimum of 6 feet deep and a functional width. j) Residential units adjacent to a public street shall be oriented to the public street. k) A landscaped yard and/or an open space amenity feature shall be located at the terminus of the ,parking court/street.`No garages or vehicle parking are permitted at the court/street terminus. 1) 300 square feet of private open space shall be provided for each unit with a minimum dimension of 12 feet. m) Each unit shall include the following: ■ 300 cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement). • Dedicated space for laundry facilities with hookups. n) All utilities, including electric,telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. o) Engineered drainage detention basins shall be located within a common area. Multiple basins on individual lots shall not be permitted. All basins shall be landscaped,shall be no deeper than 2 feet, and shall be unfenced. No retaining walls or fencing shall be permitted within the basin area. p) Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood.Wood preservative/sealer shall be applied to fence panels. q) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. r) Trash shall be stored in individual garages or behind fenced areas on individual lots. Dedicated trash storage area shall be a minimum of Tx 6' paved area. s) A minimum of one common decorative light shall be provided at the end of the parking court. t) Lot coverage shall not exceed 40%of the net lot area. u) A one-car garage (minimum 11' x 20') shall be required for attached residential units. A two-car garage (minimum 20'x 20') shall be required for detached residential units. v) The total number of parking spaces shall be provided as follows: iii. 2 spaces per unit. Both spaces must be located on the individual lot. iv. Guest parking provided at a ratio of 1 space per every 3 units.* 81 ITEM NUMBER: B-1 DATE: 02/22/05 *Guest parking may not be located adjacent to the public street frontage. If the abovetext is established, the project, as conditioned, would be consistent with those standards. Based on the above language, the PD-25 Zoning District incorporates, by reference, the Master Plan of Development and Vesting Tentative Tract Map which documents the proposed architectural styles, site configuration, lot coverage, setbacks, landscaping, and project amenities for the project. Inclusionary and Workforce Housing The City Council has implemented an interim Inclusionary Affordable Housing Program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units. This interim program requires that the proposed project provide a, minimum of 2 affordable units deed restricted at the moderate income rate. A condition of approval has been added to ensure that this requirement is met (Condition CUP 14lTTM 11). According to the San Luis Obispo County Department of Planning & Building, a 2- bedroom moderate unit only qualifies if the sales price does not exceed $262,752 with a 30-year deed restriction. These numbers are subject to change. Proiect Benefits One of the required findings for approval of a planned development rezone is that the project must "offer certain redeeming features to compensate for the requested modification." The table shown below outlines the Council policy on Planned Development benefits. In order to approve this project, the City Council must find that the project offers all of the tier 1 benefits to qualify for a Planned Development project. PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core a) Affordable/Workforce Housing a) Pocket Parks in larger projects b) High Quality Architectural Design b) Trails/Walkways for Pedestrian Custom PD's Connectivity c) High Quality Landscape Design d) Buffering between Urban and c) Historic Preservation Suburban zones(large lot sizes, increased setbacks,landscape buffers,etc.) e) Higher density to meet Housing Element goals i 82 -ITEM NUMBER: B -1 DATE: 02/22/05 Tentative Tract Map A 12-lot Vesting Tentative Tract Map (TTM 2004-0055) is proposed as part of the project consistent with the proposed Master Plan of Development and proposed PD-25 Overlay Zone. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including on and off-site street improvements. The applicant will be required to record CC&R's with the map that will include maintenance and access of common areas (Condition CUP 20/TTM 10). General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Program 1.1.7: 'Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. LandUse Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods" Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees': • The Planning Commission has determined that the proposed project is consistent with the goals and policies of the Land Use Element and the Housing Element. The project will provide 12 attached single-family residential units including 2 affordable units within the high-density residential zone. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding residential neighborhood. Findings Establishment of PD-25 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. Planned Development Overlay 83 ITEM NUMBER: B-1 DATE: 02/22/05 As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed Zone Change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 2. The proposed Zone Change is compatible with existing -development, neighborhoods and the environment. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed Zone Change is consistent with the project-specific Mitigated Negative Declaration. Conditional Use Permit (Master Plan of Development) A Master Plan of Development is required for the Planned Development in the form of a Conditional Use Permit. The proposed Master Plan of Development sets development standards related to architectural design, site design, landscape, signage, and specific development standards required by the zoning ordinance. The City Council must make the following five findings to recommend approval of the proposed Master Plan of Development: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1, 1.1.7, 2.1, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and Planned Development zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety,or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential development will not be detrimental to the general public or working persons health,safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the • immediate neighborhood or contrary to its orderly development. 84 ITEM NUMBER: B-1 DATE: 02/22/05 Staff Comment: The proposed project is compatible with the surrounding neighborhood by providing a higher density residential development that is designed to maintain a single-family residential appearance from the Atascadero Avenue frontage. The project has been designed to enhance the appearance along Atascadero Avenue with compatible architecture and project landscaping. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from 'full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan and as proposed by the applicant. Tree Removals 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; • If saving treeeliminates all reasonable uses of the property; or ■ 1f saving the tree requires the removal of more desirable trees. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on December 17, 2004.. The environmental analysis identified concerns regarding potential impacts to aesthetics, land use and planning, noise, biological resources, and traffic. Mitigation measures pertaining to these resources are included. The Planning Commission recommended certification of the proposed Mitigated Negative Declaration with revisions to Mitigation Measure 1.c.1 as follows: Proposed residences shall utilize a darker earth toned colors with compatible accent colors throughout the project. The proposed development shall respect the historic nature of the neighborhood by_utilizing smooth finish stucco and traditional scaled windows. The shared driveway shall be of a decorative nature to minimize the visual impact of the paved area. The units shall incorporate 85 ITEM NUMBER: B-1 DATE: 02/22/05 heavier trim elements and a wrap around porch shall be included on units A, B, . E, and F. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Conclusion In staff's opinion, developing the property with a high density attached single-:family project is consistent with the General Plan and compatible with the surrounding neighborhood. The project incorporates appearance review of architectural design, materials, and landscaping, and incorporates architectural themes into the site and building design, as conditioned. Native trees have been preserved where feasible and required conditions and mitigation measures have been appropriately incorporated into the project. As analyzed within- the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development would have no significant environmental impacts and will not be detrimental to the general public or working persons health, safety, or welfare. The Planning Commission has recommended that the City Council certify the proposed Mitigated Negative _Declaration with revised Mitigation Measure 1.c.1. FISCAL IMPACT: Based on findings from the Taussig Study, revenue from new residential development including property tax revenues; vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and community facilities districts (Conditions CUP 18 and 19/TTM 8 and 9). The following conditions of approval are included to mitigate the fiscal impacts of the project on the City of Atascadero. Condition CUP18/TTM 8 • The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. a) All Atascadero Police Department service costs to the project. 86 ITEM NUMBER: B -1 DATE: 02/22/05 b) All Atascadero Fire Department service costs to the project. c) Off-site common City of Atascadero park facilities maintenance service costs related to the project. Condition CUP 19/TTM 9 All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently,with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads,emergency access gates,and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. _c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks,flood plains,floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets. ALTERNATIVES: 1. The City Council may make modifications to the project and/or conditions of approval. 2. The City Council may determine that more information is needed on some aspect of the project and may refer the itemback to the applicant and staff to develop the additional _information. The Council should clearly state the type of information that is required and move to continue the item to a future date. 3. The Council may deny the project. The parcel would retain its designation of Residential Multi-Family-16. ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Arborist Report 87 ITEM NUMBER: B-1 DATE: 02/22/05 Attachment 3: Proposed Mitigated Negative Declaration and Initial Study Attachment 4: Draft Resolution A Attachment 5: Draft Ordinance A Attachment 6: Draft Ordinance B Attachment 7: Draft Resolution B Attachment 8: Draft Resolution C 88 ITEM NUMBER: B-1 DATE: 02/22/05 Attachment 1: Location Map,General Pian and Zoning Subject Sites Atascadero Ave. 89 ITEM NUMBER: B -1 DATE: 02/22/05 Attachment 2: Arborist Report See Following 90 :t 7-15— € t RECD $a3%v€i� )UL ? '2ao e2m u T VELOPMENTI -• �M 9.�5'tf�75 moi• 1."4�Y �,{ tl3$ev L � �,� _ Tr �1-. k. 1 I � A.: 's+iy�• �yp� '�`a•-`- `7� _ Ih It I 41. 32. f c m � >r � t', �*t t -_' _ �-��' r�I ..:. '3'•.;«'t.'t-J t�_^"_ ,_ '1i�rr.�"u,-fr MI aro t¢.}".�'3' - �•' i .e .ALL-- _ _ - Ni - .J 1�,�"- ����sr3 �,.;.� �s�ugyJ`• '� �'1i * �.-�� 42�.. SS��S�� `�•may., y�-T _. - - "``' .-rt- ..t'-'� �Y�t��n � � t� _ ? '•'-^-~�"��1��� ��hr�... sir,. { %"� erj 02 TIII }'• ' • '. t R'Ge;� Avila too 327- - 3 ye a qw Q. gg 'Bo�P ( ry 9 n - ••�..3i i f f Sir-�at,•I+.S LY-�-r� '+' 't 37 {? _ "-._sem_— .`�e.'.r�' �._ '"�^kbu r w� ---At _Av� ec)k µ 14�Zf'_ borist Cert 4:2e1 �j'' r �L .y i 91 Arborists Sum w 92 :a I i I Atascadero Avenue PUD 6709-6735 Atascadero Avenue, Atascadero, CA. The City of Atascadero requires that a Native Tree Evaluation & Protection Plan be undertaken for the total site located at 6709-6735 Atascadero Avenue, Atascadero, CA . This report has been prepared as a component of the review by the Planning Department of the proposed development within the City Limits. It has been prepared to be in compliance with the City of Atascadero's Tree Ordinance. All the accessible native trees were tagged in the field and labeled on the plan with a corresponding number. This numbering system for the trees started at i #51 so that,there would not be confusion with the house unit numbers which started at#1. Condition of Existing Trees: The trees in question were mainly California:White Oak, Coast Live Oak, and California ''Sycamore in varying degrees of health. The best California Sycamores are two right along.Atascadero Avenue and these are in danger by the City requirements for curb and sidewalk. Recommendations: 1. The sidewalk on the North-West side of the property should'°be relocated so that it is on the property line. 2. The new curb, with no gutter, in.the area of Recommendation #1 should be moved out:into the-road-to the presently existing edge of the asphaltic paving. 3. Parking in this area should be removed'to decrease the compaction of the ground around:these Sycamore trees and the roots. Conceptual Design& 19762 MacArthur Blvd_,Suite 120, Irvine,CA 92612 Planning Telephone:949.399,0870/Facsimile:949.399.0882 Company 6659 Morro Road, Atascadero, CA 93422 93 Telephone; 805.466.3385/ Facsimile: 805.466.39n4 i - f i Requirements: 1. Pathways and driveways that run under tree canopies should be j made out of decomposed gravel or porous pavers to allow oxygen and moisture to reach the root systems. 2. Utilities such as water, gas, power, cable, storm drainage, telephone, and sewer should be directed away from under the canopy of any trees that are to remain. If this is not possible or feasible then they should be bored under the tree at a minimum depth of 2'-6". Consult with the City for further directions. 3. Where a building is placed within the canopy of a tree the foundation should be designed so that it bridges across any root system. 4. Any foundation or other structure that encroaches within the drip Iine of trees to be saved shall be dug by hand. 5. At no time shall tree roots be ripped with construction equipment.If any over 2" are accidentally ripped they shall be cut perpendicular .to the direction of growth with a hand saw and no paint shall be applied. 6. 4 foot high construction fencing shall be placed around any tree that is to be protected and saved at a distance of the drip line plus 4'. Once the Rough Grading is accomplished then the fence may be moved closer to the tree and the area dug by hand or with small equipment. 7. All trees to remain shall be pruned by a Certified Tree Surgeon. Relocation and Preservation: The trees that are of good quality.are of sufficient size that it would be almost impossible to move them. Ted Elder-Arborist,Certification Number 2301 Date - t Conceptual Design& Planning Company 94 Site Location a i i i C 95 .:� •i -F ' " ATASCADERC �:.� ,�,:. s• �5 •mx= l Stunt:u l "•sem :D ♦"�'' •:'L,. - r. �:; t� . .— --.-J.• __...__ ,:.__� ' in`-.mss m •!,y „tr_ �� ~ ~- j T� t'oRiOtM1 `��- ���\�1?tV s�•s1 ..v 2.- .tt T_ �}l�a 1;a •.I_� �_ .- •�:.�``` • -- 96 Structure & Tree Locations l 97 y s E SS S 5 t e3.s 2U.f I. if� i �s Ell E p 99( gg es,:,■ u .74 °r Y risF$s0 8L0$ri�i 34ar5, 49.8 r Via.le- p. ....� t S [g sir e$ Br Ez� Re��e al iSS.. j ! e #� r c0 P` njillism r8e-4e�}00 € s 55 $ssssss. 8 { � •c 3 fyl ar441�e a3 �s E a=0 sl fit i 11 e i Bilge ;It � L` =� r`;a`rr ; y g s�lt 3 G � T ��3 -■ i7iEi:liiai EEp i S EE AT412 AS]raSaTERO AVE •�� _ E 1 711 37 r m R o` a (se tt (N 9 Y,7 IMIc ED �IL — I "` ., ry Zip 0 dd977**LSCC = Z }� kIo R VI 1� I N b K-0• 6d 4-P 7 Z- 32 98 Construction-Tree Protection 99 �p Tree Protection Requirements For all the Trees that are to remain on the site the following requirements must be adhered to so that the trees have a better chance of survival during and after the construction process. 1. A minimum height construction snow fence shall be erected around the drip line of the tree plus 4'.The fence shall be supported with`T'posts at no more than 6'o.c.and tied in at least 3 places per post. This fence shall be installed by the General Contractor before any rough grading is allowed on the site.Approval for this stage must be obtained in writing from either the Arborist or the Counties/Cities representative. 2. Earthwork shall not exceed the Iimits of the project area. 3. Low branches in danger of being torn during the construction process shall'be pruned prior to any heavy equipment work being undertaken. 4. Once the rough grading is accomplished the fence may be moved closer to the trunk-of the tree for finish grading.At no time shall the fence be placed within the Critical Root Zone(CRZ).This location is determined by the diameter of the trunk at D.B.H.(41-6" above grade)and is 1'per 1"diameter in the direction of the drip line.At no time shall the fence be moved closer to the trunk than the drip line. 5. Any roots that are encountered over 2"diameter,during the excavation process shall be clean cut perpendicular to the direction of root growth with a handsaw.At no time shall tree seal be applied to any cut.Any roots over 2"diameter the County/City representative shall be called so that on site directions can be given. 6. All trenching within the CRZ area shall require hand trenching to preserve and protect roots over 2"inches in diameter. 7. No grading or trenching is allowed within the fenced area without prior written permission. S. Any roots over 4"in diameter are not to be cut or ripped until inspected and approved, in writing,by the on-site Arborist. 9. °ff,forwhatever,.reason ;work must be accomplished inside the dripline 4"-6"of mulch must be applied:first to,decrease the possibilities of compaction. 10. :There-shall be a pre-construction meeting between the Engineering/Planning staff of the County/City, Grading_equipment operators, Project Superintendent-and.the Arborist to review the project conditions and requirements prior to any grubbing or earth work for any portions of the project site. All tree protection fencing shall be installed for inspection.prior to this meeting. 11. All trees shall be pruned- before any construction takes place that .are in the development areas to be saved if they might be damaged by the construction equipment. This must be accomplished by a bonded, Iicensed, and certified Tree Surgeon. 12. All debris shall be cleared from the area or chipped and spread on the site, not Eucalyptus, or stacked in orderly-piles for future use by the Owner, at the Owners request 13. In locations where paving is to occur within the dripline grub only and do not compact unless authorized in writing.Install porous paving over a 3"bed of/" granite coverer] with 1" pea gravel screeding. Porous paving stones,by Aqua-Stone,or approved,may be used. Conceptual - Design& 19762 MacArthur Blvd_.Suite 120, Irvine,CA 92612 Planning Telephone:949.399.0870/Facsimile:949.399.0882 Company 6659 Morro Road, Atascodero, CA 93422 Telephone: 805.466.3385 / Facsimile: 805.466.3204s 100 f Free .: lysis 101 Atascadero Avenue PUD 4' v TREE REPORT FIELD EVALUA110N FORM TR �ap)# HERITAGE TREE? Yes No O SPECIES: Quercus agrifolia,lobata,berberidifolia,dumosa,douglasii Other. ,7A--r H C? PHYSICAL STRUCTURE: No.of trunks: -APPEARANCE RATING: Diameter at 4.5'above grade(inches) A,!B C D E,2 SETTING Extent Of Drip Line(Feet): N:�0 S: /1 E: 7� W:Y Minimum Clearance FromGmund(Feet): N: IP S: �E: q W: jr-mac PICTURE: Total Height(Estimate)Feet -�- BrokenlDead Branches: Trunk/Branch Cavities: Al HEALTH: Fungal Fruiting Bodiesallon Low Medium High ;,". Tip Dieback: I.OW Medium High Exfoliating Bark: o e Trunk Branch Tip Growth: None Low Medium High g Crown Thinning: ,or 3 Low Medium i Comments: �. INSECTSIPARASITES: Twig girdlers: dig) Low Medium High Location: Branches Trunk Woodborers one Low Medium High Location: Branches Trunk 3 Pit Scales: one Low Medium High = 11 Location: ranches Trunk Galls: o e Low Medium High Mistletoe: one Low Medium High h INJURIES: Browse Damage: Yes o Fire Damage: Yes f000 r , Fresh Breaks: Yes Root Damage/Exposure: Yes GENERAL VIGOR ASSESSMENT ' .' ' #2301 q4 Sur+ey :'�o Date of Survey 102 A$aseadero Avenue PUD TREE REPORT FIELD EVALUATION FORM TT�gTraP)# HERITAGE TREE? Yes No SPECIES:.Quercus agriff olia,lobata,berberidifolia,dumosa,douglasii Othe' PHYSICAL STRUCTURE: r PEARANCE RATING: No.of trunks: B C D E Diameter at 4.5'above grade(inches) Extent Of Drip Line(Feet): SETTING: N: /� S: Ik E: � W: .G Minimum Clearance From Ground(Feet): N: �� PICTURE: S: E,� W: Total Height(Estimate)Feet: G� �~ -- Al !P Broken/Dead Branches: Trunk/Branch Cavities: k' HEALTH: Fungal Fruiting Bodies: on Low Medium High Tip Dieback: <22OWLow Medium High Exfoliating Bark: None Branch Trp Growth: None '-[0'w Medium -N�ih Crown Thinning: ne Low Medium - igh Comments: INSECTSiPARASITES: Twiggirdlers: /-lTo—nO Low Medium High Location: ranches Trunk Woodborers one Low Medium High Location: ranches Trunk Pit Scales: o� Low Medium High Location: Bunches Trunk Galls: on Low Medium High Mistletoe: C Low Medium High INJURIES: Browse Damage: Yes to Fire Damage: Yes , Fresh Breaks: Yes • Root Damage/Exposure: Yes GENERAL VIGOR ASSESSMENT: #2301 6 Surveyor Date of Survey 103 _ Atascadero Avenue PUD TREE REPORT FIELD EVALUATION FORM TRE ap)# HERITAGE TREE? Yes Nq SPECIES: Queroagrifolia, ata,berberidifo0a,dumosa,douglasii er: PHYSICAL STRUCTURE ) No.of trunks: APPEARANCE RATING: A B C E Diameter at 4.5'above grade(inches) SETTING: Extent Of Drip Line(Feet): N S: l E:(, W: 95 IvAe Minimum Clearance From Ground(Feet): PICTURE: N: — S: '2 E: W: Total Height(Estimate)Feet Broken/Dead Branches: Trunk/Branch Cavities: HEALTH: Fungal Fruiting Bodies: a Low Medium High Trp Dieback: o Low Medium High ^ 1. Exfoliating Bark: Trunk B�� Tip Growth: o Low � High Crown Thinning: on Low Medium High r Comments: INSECTSIPARASITES' Twig girders: one Low Medium High Location: (4nches Trunk Woodborerso Low Medium High Location: ranches Trunk Pit Scales: �o� Low Medium High Location: Branches Trunk Galls: on Low Medium High Mistletoe: on Low "Medium High INJURIES: Browse Damage: Yes o ' Fire Damage: Yes Fresh Breaks: Yes r , Root Damage/Exposure: Yes Cr.�" GENERAL VIGOR ASSESSMENT: � '°�' �. #2301 Sury yor Date of Survey 104 Ataseadero Avenue PUD TREE REPORT FIELD EVALUATION FORD TREE(ta6HERITAGE TREE? Yes No SPECIES: Quercus agrifoiClo"bata rbefidifolia,dumosa,douglasii ...Other.. � �`�,��(�� `'��,.�r�`''•f'I 1 PHYSICAL STRUCTURE EARANCE RATING: No,of trunks: Ir A)g C D E Diameter at 4.5'above grade(inches) Extent Of Drip Line(Feet): SETTING: N: S: E: W: J Minimum Clearance From Ground(Feet): �j, PICTURE: N. /G S:2� E W:, Total Height(Estimate)Feet: Broken/Dead Branches: Trunk/Branch Cavities: HEALTH: Fungal Fruiting Bodies: a Low Medium High Tip Dieback: o Low Medium High Exfoliating Baric- nn Trunk Branch Tip Grawth: one Tip Low Medium Hi Crown Thinning: crime Low Medium High Comments: INSECTSIPARASiTES: Twig girdiers: �ons.� Low Medium Nigh 5 Location: CSranches Trunk Woodaorers on Low Medium High _ Location: Branches Trunk Pit Scales: std' Low Medium High Location: Branches Trunk �( Galls: (Z:Lgo� Low Medium High a, ar Mistletoe: C Low Medium High INJURIES: Browse Damage: Yes Fire Damage: Yes , Fresh Breaks: Yes o. Root DamagelExposure: Yes o .e- GENERAL VIGOR ASSESSMENT: - 0 #2301 - r- Surve or Date of Survey 105 Atascadero Avenue PUD TREE REPORT FIELDEVALUATION FORM TRE��ap)# HERITAGE TREE? Yes N�o SPECIES: Quercus agrifolia,lobata,berberidifolia,dumosa,dougiasii Other. PHYSICAL STRUCTURE APPEARANCE RATING: No.of trunks: B C D E Diameter at 4.5'above grade(inches) Cl r Extent Of Drip Line(Feet): SETTING: N:2k S: I E: Minimum Clearance From Ground(Feet): N PICTURE: S: E: W: ; Total Height(Estimate)Feet: BrokerdDead Branches: �� ►1t Trunk/Branch Cavities: u HEALTH: . . Fungal Fruiting Bodies: o e Low Medium High f Tip Dieback: cN Low Medium High s- Exfoliating Bark: n Trunk Branch Tip Growth: Kone Low Medium Crown Thinning: ne Low Medium High Comments: INSECTSIPARASITES: Twig girdlers: one Low Medium High r Location: ranches Trunk Woodborers �o Low Medum High ry r k Location: Branches Trunk Pit Scales: a i Low Medium High Location: Bran es Trunk Galls: Low Medium Higher -~ M Mistletoe: ne Low Medium High , r INJURIES: Browse Damage: Yes Fre Damage: Yes r Fresh Breaks: Yes so ' Root Damage/Exposure: Yes GENERAL VIGOR ASSESSMENT: 1914' #2301 Surve r Date of Survey 106 Atascadero avenue PUD ifs TREE REPORT FIELD EVALUATION FORM - TRE tag/ ap)# HERITAGE TREE? Yes SPECIES: Quercus agrifof , ofrata, difofia,dumosa,dougiasii Other. PHYSICAL STRUCTURE: APPEARANCE RATING: No.of trunks: (2�"8 C D E Diameter at 4.5'above grade(inches) V�7 SETTING Extent Of Drip Line(Feet): (11 9N: 2� S: E= UW: Minimum Clearance From Ground(Feet): PICTURE: Total Height(Estimate)Feet Broken/Dead Branches: Trunk/Branch Cavities: HEALTH: Fungal Fruiting Bodes: one Low Medum High Tip Dieback: o Low Medium High Exfoliating Baric: (:EcW Trunk Branch Tip Growth: None Low Mecu m Crown Thinning: on Low Medum —High Comments: . C,d INSECTSIPARASITES: Twig girdters o ee Low Medium High Location: -granahes Trunk Woodborers Low Medium High Location Branches Trunk Pit Scales: one Low Medum High Location: ranches Trunk Galls: o e Low Medum High Mistletoe: one Low Medum High INJURIES: Browse Damage: Yes o Fire Damage: Yes , Fresh Breaks: Yes o Root Damage/Exposure: Yes o ' GENERAL VIGOR ASSESSMENT: IM - 6 #2301 Sury yor Date of Survey 107 Atascadero Avenue PUD TREE REPORT FIELD EVALUATION FORM TREE-(ta nap)# HERITAGE TREE? Yes No SPECIES: Quercus agrifolia,lobata,berberidifolia,dumosa,douglasii Other. �J it/✓ PHYSICAL STRUCTURE: APPEARANCE RATING: No.of trunks: A B(_�Pt E Diameter at 4.5'above grade(inches) i 4, Extent Of Drip Line(Feet): SETTING: N: { S: E: 1-9' W: Minimum Clearance From Ground(Feet): N: 1 S: n, PICTURE: ,(�? E: 0 W: Total Height(Estimate)Feet Broken/Dead Branches: " Trunk/Bmnch Cavities: G HEALTH: x ry s Fungal Fruiting Bodes: o Low Mecum High Tip Dieback: ne Low Medium High Exfoliating Bark: Trunk Branch Tip Growth: None Low High I Crown Thinning: Low -Me-du-m-C High Comments: INSECTSIPARASITES: . Twig girdlers: on Low Medium High 1: Location: ranches Trunk Woodborers on Low Medium High Location: ranches Trunk Pit Scales: o e Low Medium High Location: Bra hes Trunk i Galls: ones Law Medium High f ' Mistletoe: one Low Medium High INJURIES: Browse Damage: Yes Firs Damage. Yeso Fresh Breaks: Yes ( r Root Damage/Exposure: Yes GENERAL VIGOR ASSESSMENT- �."H #2301 EE 2�� Sower ate of Survey 108 c Atascadero Avenue PUD -' -TREE REPORT FIELD EVALUATION FORM TREr-(ta a(?) HERITAGE TREE? YesNo SPECIES: Que a ri i ,Iobata,berberidifolia,dumosa,douglasii Other. PHYSICAL STRUCTURE APPEARANCE RATING: No.of trunks: A B C D E Diameter at 4.5'above grade(inches), Extent Of Drip Line(Feet): SETTING: lt!Z ► - ; N: S: ,L/ E:,L,5�W:,W0,0 Minimum Clearance From Ground(Feet):' I: PICTURE: / N: �Q S: E: W: Total Height(Estimate)Feet Broken/Dead Branches: Trunk/Branch Cavities: WEALTH: Fungal Fruiting Bodies: one Low Medium High Tip Dieback: o Low Medium High Exfoliating Bark: ne Trunk Branch Tip Growth: one Low Medium i h Crown Thinning: ne Low Medium —High Comments: INSECTSIPARASITES: Twig girdlers: onW Low Medium High Location: nches Trunk Woodborers one Low Medium High Location: ranches Trunk Pit Scales: Low Medium High Location: Branches Trunk Galls: ) Low Medium High Mistletoe: ,,�he Low Medium High INJURIES: Browse Damage: Yes o Fire Damage: Yes i Fresh Breaks: Yes o ► , Root DamagelExposurs: Yes GENERAL VIGOR ASSESSRAENT- #2301 Surve or Date of Survey 109 Atascadero Avenue PUD TREE REPORT HELD EVALUATION FORM TREE'�gI )# HERITAGE TREE? Yes o SPECIES: Quercus agrifoli ,lobata, 'difoiia,dumosa,douglasii Other. PHYSICAL STRUCTURE APPEARANCE RATING: No.of trunks: B C D E Diameter at 4.5 above grade(inches) Extent Of Drip Line(Feet): SETTING: N: 2 S: 121)5 E: lcC>W: ` ? Minimum Clearance From Ground(Feet): N: /0,0 S: �c E ,r W:. ,9 PICTURE: 'C� Total Height(Estimate)Feet Broken/Dead Branches: Trunk/Branch Cavities: HEALTH: Fungal Fruiting Bodies: ne) Low Medium High Tip Dieback: rone ,} Medium High Exfoliating Bark: Trunk Branch Tip Growth: Low ��;� High Crown Thinning: None M rum High Comments: ` INSECTSIPARASITES: Twig girdlers: one ` Low Medium High Location: ranches. Trunk Woodborers " �� Low Medium High Location: Branches Trunk Pit Scales: on Low Medium High Location: rhes Trunk Galls: Low Medium High Mistletoe: o Low Medium High :.. . INJURIES: Browse Damage: Yes (�o) Fire Damage: Yes Fresh Breaks: Yes Root Damage/Exposure: Yes o GENERAL VIGOR ASSESSMENT- ,1914#2301 t i 1� Surve or ate of Survey 110 -i J Ataseadero Avenue PUD � TREE REPORT FIELD EVALUATION FORM TREE(ta aP HERITAGE TREE? Yes No SPECIES: Duerr �ero `_ ta,berberidfolia,dumosa,douglasii PHYSICAL STRUCTURE: } -APPEARANCE RATING: No.of trunks: A 8 C D E Diameter at 4.5' above grade(inches) L SETTING: Extent Of Drip Line(Feet): Minimum Clearance From Ground(Feet): PICTURE: Total Height(Estimate)Feet Broken/Dead Branches Trunk/Branch Cavities: n l HEALTH: Vii' y.7 Fungal Fruiting Bodes: one' Low Medium High Tip Dieback: Low Medium High Exfoliating Bark: Trunk Branch Tip Growth: one Low Medium Crown Thinning: �..� Low Medum ig k Comments: INSECTSIPARASITES Twig girders: 0 Low Medium High Location: Bra es Trunk Woodborers o Low Medium High Location: ranches Trunk Pit Scales: one Low Medium High Location: -1 raches Trunk Galls: Low Medium High Mistletoe: on Low Medium High INJURIES: Browse Damage: Yes Fire Damage: Yes r Fresh Breaks: Yes o ' Root Damage/Exposure: Yes 1934 GENERAL VIGOR ASSESSMENT: g #2301 S yvor Date of Survey -. 111 M: Atascadero Avenue PUD q TREE REPORT FIELD EVALUATION FORM T��f�,aP)# �J HERITAGE TREE? Yes No SPECIES: Quercus agrifolia,lobata, berberidfoiia,dumosa,douglasii Other. ` �J �G`s y .�-� '-�I�' t � / PHYSICAL STRUCTURE: APPEARANCE RATING: No.of trunks: - A C D E Diameter at 4.5'above grade(inches) 1( Extent Of Drip Line(Feet): SETTING: N: 12 S: If E: I9 W: Minimum Clearance From Ground(Feet): 4- N: S: PICTURE: E, W: Total Height(Estimate)Feet' Broken/Dead Branches: Trunk/Branch Cavities: HEALTH: Fungal Fruiting Bodies: � Low Medium High Tip Dieback: Low Medium High Exfoliating Bark: ar Trunk Branch Tip Growth: None Low High Crown Thinning: Low Medium High Comments: INSECTSIPARASITES: Twig girdlers: op ' Low Medium High n Location: Branches Trunk Woodborers on Low Medium High Location: Branches Trunk Pit Scales: (19ji� Low Medium High Location: Branches Trunk Galls: Low Medium High t Mistletoe: e Low Medium High INJURIES: Browse Damage: Yes o Fre Damage: Yeso r , Fresh Breaks: Yes , Root Damage/Exposure: Yes o r GENERAL VIGOR ASSESSIIIENT 191' #2301 c l , Su yor Date of Survey 112 ITEM NUMBER: B -1 DATE: 02/22/05 Attachment 3:'Proposed Mitigated Negative Declaration and initial Study See Following 113 RECEIVED ® C`ITY OF ATASCADERO DEC 1 7 2004 a is JULIE L.RUDEWALD County Clerk COMMUNITY DEVELOPMENT DEPARTMENT BY Dep — CITY OF ATASCADERO NOTICE OF INTENT TO ADOPT MITIGATED NEGATTVE DECLARATION AND PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Atascadero Planning Commission will be holding a public hearing to consider the following project and environmental determination. The public is encouraged to attend. Applicant: Caliber Home Developments;317 Ocean View Ave,Pismo Beach,Ca 93449 773-3727 Project Title: Vintage Homes:Zone Change 2004-0086,Conditional Use Permit 2004-0132;Tentative Tract Map 2004-0055 for a 12-lot Planned Development subdivision Project 6709 Atascadero Ave,Atascadero,CA 93422(Single Family Residence) Location: (San Luis Obispo County)APN 030-281-014,015,016. Project The proposed project consists of an application for a Zone Change,Conditional Use Permit,and Description: Tentative Tract Map for the construction of twelve new single-family attached homes on individual lots that will be developed under the requirements of the Planned Development overlay district standards within the Residential Multi-Family(RMF-16)zoning district.Each proposed residence is approximately 1,519 square feet.The project includes one home per lot each with a one-car garage and one parking space in each driveway, General Plan Designation: High Density Residential-HDR Zoning District: Residential Multiple Family—RMF-16 Environmental Begins:December 17,2004 Review Dates: Ends: January 5,2005 Hearing Date: January 18,2004 Hearing Atascadero Lake Pavilion,7:00 p.m. Location: 9315 Pismo Ave,Atascadero, CA 93422 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration Environmental is proposed. The proposed Mitigated Negative Declaration is available for public Determination: review from 12/17/04 through 01/05/05 at 6905 E1 Camino Real, Suite 6, Community Development Department, from 8:00 a.m.to 5:00 p.m.,Monday through Friday. Any interested person may review the proposed Mitigated Negative Declaration and project files. Questions should be directed to lly Gleason,Associate Planner at 461-5000, S en G.McHarris,Deputy Community Development Director Date MI.:ZCH 2004-0086.At—d—A-AWND.d. Print Dam:17/16/04135 PM 6905 EL CAMINO READ,SUITE 6•ATASCADERO,CALIFORNIA 93422 • (805)461-5000®FAX 463.-7612 114 am aA CITY OFATASGADER® 1918 =. ® -:19 9797 PROPOSED MITIGATED NEGATIVE DECLARATION #2004-0050 6905 El Camino Real, Suite 6 Atascadero,CA 93422 805/461-5000 Applicant: Caliber Home Developments;317 Ocean View Ave,Pismo Beach,Ca 93449 773-3727 Project Title: Vintage Homes:Zone Change 2004-0086, Conditional Use Permit 2004-0132;Tentative Tract Map 2004-0055 for a 12-lot Planned Development subdivision Project 6709 Atascadero Ave,Atascadero,CA 93422(Single Family Residence) Location: (San Luis Obispo County)APN 030-281-014,015,016. Project The proposed project consists of an application for a Zone Change,Conditional Use Permit,and Description: Tentative Tract Map for the construction of twelve new single-family attached homes on individual lots that will be developed under the requirements of the Planned Development overlay district standards within the Residential Multi-Family(RMF-lb)zoning district.Each proposed residence is approximately 1,519 square feet.The project includes one home per lot each with a one-car garage and one parking space in each driveway. General Plan Designation: High Density Residential—HDR Zoning District: Residential Multiple Family—RMF-16 Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited,but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. 5. Determination: Based on the above findings,and the information contained in the initial study 2004-0050(made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project(see attachment). Prepared By: Kelly Gleason Associate Planner Date Posted: December 17,2004 Public Review Ends: January 5,2005 Attachments: - Location/Zoning Map - Site Plan - Elevations - Grading and Drainage Plan - Landscape Plan - Tree Protection Plan �f i File:ZCH 2004-0086.A�.de Av 1Sh4ND.d- Print D=:12IM41:38 PM- I 6905 EL CAMINO REAL,SUITE 6•ATASCADERO,CALIFORNIA 93422• (805)461-5000•FAX 461-7612 115 ��mm ma pais E ® 1e7a CAD CITY OF ATAS CARER O INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Environmental Review 2004-0050 Applicant: Caliber Home Developments;317 Ocean View Ave,Pismo Beach,Ca 93449 773-3727 Project Title: Vintage Homes:Zone Change 2004-0086,Conditional Use Permit 2004-0132;Tentative Tract Map 2004-0055 for a 12-lot Planned Development subdivision Project 6709 Atascadero Ave,Atascadero,CA 93422(Single Family Residence) Location: (San Luis Obispo County)APN 030-281-014,015,016. Project The proposed project consists of an application for a Zone Change,Conditional Use Permit,and Description: Tentative Tract Map for the construction of twelve new single-family attached homes on individual lots that will be developed under the requirements of the Planned Development overlay district standards within the Residential Multi-Family,(RMF-16)zoning district.Each proposed residence is approximately 1,519 square feet.The project includes one home per lot each with a one-car garage and one parking space in each driveway. General Plan Designation: High Density Residential—HDR Zoning District: Residential Multiple Family—RMF-16 Lead Agency Name City of Atascadero and Address: 6905 El Camino Real, Suite 6,Atascadero, CA 93422 Contact Person and Kelly Gleason,Associate Planner Phone Number: City of Atascadero 6905 El Camino Real, Suite 6 Atascadero, CA 93422 General Plan HDR(Medium-Density Residential, 16 units/acre) Designation: Zoning: RMF-16 (Residential Multiple Family, 16 units/acre) Surrounding Land North: Multi-family Residential Uses and Setting: South: Multi-family Residential West: Single-family Residential East: Multi-family Residential Other public None agencies whose approval is required (e.g.,permits,financing approval,or participation agreement) 12/16/04 ZCH 2004-0086-Atascadero Ave.ISMND.dec 116 CITY OF ATASCADERO INITL4L STUDY Attachment's Location /Zoning Map 6709 Atascadero Ave Atascadero, CA Project Site: - Atascadero Ave r' k• � i _ .. `.. Current General plan Designation:High Density Residential Current Zoning District:Residential Multi-family- 16 Proposed General Plan Designation:High Density Residential Proposed Zoning District: Residential Multi-family— 16/Planned Development Overlay 25 i 12116/04 ZCH 2004-0086.Atascadero Ave.ISMND.coc 117 CITY OF ATASCADFR® INITIAL STUDY Attachment 2 Site Plan JIM RJl'17YH,f'f77H'7PiG• —'—�«.— SN41SIA38 { T•1 7xP�C.JIIWYN'J 1 N n i�. X39 9 v j° p' 47 �' cizr aaa e . vTg kpir. \4,'a . si, qp §g - X 4 � 6 t "A. a I n - .. .Wy Wgafmly. i 12!16104 ZCH 2004-0086.Atascadoro Ave.1SMND.doc 118 CITY OFATASCADERO INITIAL STUDY Attachment 3 Elevations ..60ARSt5St31Ntk,'. P EL-%W4 LO* TOWN, BL4t GGGLxt. NIGODGRrrST LOi..ELTi3M ..' .::; ..: _ a11 IM: - .' Q�IPFTYT�7RF.13-: ltQA13Sf' 13A't0 .. ROU? w. k �ULMt - t°t)tR17%171I�0�DKtEr � s� � +rldreku : �ioasxcoMON V-1a 5 .fth't24SL"AC�,�ft3� .". 12/16/04 ZCH 2004-0O86.Atascadero Ave.ISMND.dec 119 T CITY OF ATASCADERO INITIAL STUDY Attachment 3 Elevations TAW a. RLJk f�OARR 9tDiNa �. _ '. -FKAZL'C F'Ebb.�; '-i'�CGR_ST LOLLFwT10,'i'. oa�cfkrc �e GL4P/�w PfiR.!ML41tL9 •_ - PAl!'3'r V MRTGH DORY GOLOtt /117f F TTO ,' aLal.h?,W,iitii1SlQ YS"G•%. ,:�b �+ p .. .ref R1MT " /y/Tg1�I +.-� �y ILyEilt+Fia O/�. �t'ApS�Fikyy� �hiY�ILE VINTAGIE ! IE �affi73"5 At�scs Aire :Atascsa�lero�=�. .. 12116104 ZCH 2004-0086.Atascadero Ave.ISMND.do- 120 CITY OF ATASCADER® INITIAL,STUDY Attachment 4 Grading and Drainage Plan -•`z a area . d w'.wt+a A AWd f)MMI)� TTM w.�u,eaxi' f "•' '• - # listt'TI'1'Ibl T.[If{N1Y ~.S;tC151A3N 71 =11 -_ j}y0 �e 51R t7 \ \i' tFLi z i ' I tlt: �. Iif`.df -•-- � \ ill pp4c:..9v .�..�x I R 1�7 s E � o I ) .� 1�.� ME w.qg•/� (�'�::' `�.t_s 1 .'�4�F}...-.�- \ 2�9y�'Syg� '3�Ji gj 17 3 .I �.yk. p �g1E \`u\k J ! U xY p x:/OSx�."�•. 4� Y'Y'.. I ✓fir a: ~�� �� � I,g. j "'i 5sqg3 a: E .3rtVON30Y58tl1tl 6 L .k#�6Z k£Yo�{�gg ffi 12/16/04 ZCH 2004-0086.Atascadero Ave.ISMND.doc 121 CITY OF ATASCADFRO INITIAL;STUDY Attachment 5 Landscape Plan fir[ 11 Hin do i 11 if[IT111111 Lill sip t +� 1 � i l l 1}it l�i,�il �lt11{�l}til 0. t ut l 1 ¢ t+ tilj�F1 t ? � 4 t i OL,I 1 +I 11-1-1- 1, 1 J � Z 0 U b Lu r :: .. W f tt 0 j a k 3 U W W Q 12116/04 ZCH 2004-0086.Atascadero Ave.ISMND.doc 122 ®° CITY OFATASCADERO INITIAL S=Y Attachment fi TreeProtection Pian uo:'et_ t_ AZ 1 d LLI Wr l[ 99jL Yy � m � +r � k_ _�:,1"• •3A7 PSA 1"3">71:' C1 urm. # tt tj e , ( qX [[ jti 1 p'( j t i t If Eft4 [� MIiU iA st { i5f( t ti F 5d�i 4iE3ppe[it�!, e A#rt�f. f a{f�;q�Ce.d i{s�1 is i4 I`ttttit{{ Z : ss:s{jk4su ? is tTE-M!{ t + ? t } ) Z4 r{a�6e!, ( dt t, 11H j�r }zt� fie4 Rii:j,�djj,{ 3ilTT2tTtTat��t`lit ......., _ $ `54°stlsyLtt3i! fttt{ ` jl tflii t1R i .......... aid s.'r. a s; F{1Si{iTj1532 z t..ifs�{1: ,rk t!•S,k itibF�Y.:t{ tf #zcsid439Yer- j 12116/04 ZCH 2004-0086.Atascadero Ave.iSMND.doc 123 CITY OFATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grafing Perm@ PS:Planning Services BP:Building Pern-A BS:Building Services TO:Temporary FD:Fire Department Occupancy.. PD:Poke Deparhnent 6709 Atascadero Ave FI:NJ inspection CE04Engineer F0:Final WW:Wastewater Occupancy CA GO AW-y ZCH 2004-0086, CUP 2004-0132,TTM 2004.0055 AMC:Water co". Mitigation Measure 1.c.1: Proposed residences shall utilize a darker earth BP PS toned colors with compatible accent colors throughout the project.The proposed development shall respect the historic nature of the neighborhood by utilizing smooth finish stucco and traditional scaled windows.The shared driveway shall be of a decorative nature to minimize the visual impact of the paved area. Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted BP PS building lighting only.All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare.Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust(PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. • Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM)for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site,the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos(NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying,and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre,additional requirements may include but are not limited to 1)an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. • Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one(1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained 12/16/04 ZCH 2004-0086.Atascadero Ave.lSMND.doc 124 CITY OFATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program !Monitoring Measure GP:Grading Permit PS:Planning S-A— BR e vicesBP:Building Permit BS:Building Services Ta.Temporary FD:Fire Deptnent occupancy PD:Ponce Deparbnent 6709 Atascadero Ave Fl:Rnal inspection CE City Engineer FC,.Final WW:Wastewater Occupancy CACity ARaney AMWQ Wafer Camp. ,ZCH 2004-0086, CUP 2004-0132,TTM 2004.0055 throughout the duration of the construction or grading activity: (A)Construction vehicle speed at the work site must be limited to fifteen(15)miles per hour or less; (B) Prior to any ground disturbance,sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C)Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D)Storage piles must be kept adequately wetted,treated with a chemical dust suppressant,or covered when material is not being added to or removed from the pile; (E)Equipment must be washed down before moving from the property onto a paved public road; and (F)Visible track-out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four(24)hours. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection GP PS 4.e.1 fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2 consistent with the Gity of Atascadero Tree Ordinance. Special precautions when working ardund native trees include: 1. All existing trees outside of the limits of work shall remain, 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. "Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4- foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 12/16/04 ZCH 2004-0086.Atascadero Ave.ISMND.doc 125 CITY OF ATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring /Monitoring Measure_.Program' GP.Grading Perak PS:Planning Services BP:Building Permit BS:Budding Services TO:Temporary FD:Fire Deparirmnt Occupancy PD:Police DepaMren[. 6709 Atascadero Ave Fe Final inspecton ceCAyEngineer F0:Final WW:WasL.waw Occupancy CA City An mey ZCH 20040086, CUP 2004-0132, TTM 2004-0055 AMC:wafQr.ccmp. Mitigation Measure 4.e.3: An arborists report shall be required prior to project GP PS 4.e.3 implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning,tree protection of existing native trees to remain,and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil, dirt,and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d: A soils report shall be required to be submitted with GP BS 6.c.d a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8.e.f: The developer is responsible for ensuring that all BP CE 8.e.f contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations,or stop work orders. Mitigation Measure 11.d: All construction activities shall comply with the City Ongoing BS/PS 11.d of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m.to 7 p.nI. Monday through Friday • 9 a.m.to 6 p'.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m.on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions,subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. 12/16/04 -ZCH 2004-0086.AtascaderoAveASMND.doc 126 CITY OFATASCADER0 INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils Hazards&Hazardous ❑ Hydrology/Water Quality 11LandUse/Planning Materials Mineral Resources ❑ Noise ❑ Population/Housing Public Services ❑ Recreation ❑ Transportation/Traffic Utilities/Service Systems ❑ Mandatory Findings of Significance On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A'MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the,proposed project MAY have a"potentially significant effect"or"potentially significant unless mitigated"impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Fj I find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because all potentially significant effects(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, includi g revisions or mitigation measures that are imposed upon the proposed project. incl14--- d' ly ssociate Plane 12/16/04 ZCH 2004-0086.Atascadero AvedSMND.doc 127 ~ CITY OF ATAS CADERO INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except"No Impact" answers that are adequately supported by the information sources a Lead Agency cites following each question. A"No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g.the project falls outside a fault rupture zone). A "No Impact"answer should be explained where it is based on project-specific factors as well as general standards(e.g.the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site,cumulative as well as project-level,indirect as well as direct,and construction as well as operational impacts. 3) "Potentially Significant Impact"is appropriate if there is substantial evidence that an effect is significant. If there are one or more"Potentially Significant Impact" entries when the determination is made,an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated"applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant'Impact"to a"Less.than Significant Impact." The Lead Agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than significant level(mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where,pursuant to the tiering,program EIR,or other CEQA process,an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential impacts(e.g.general plans,zoning ordinances). Reference to a previously prepared or outside document should,where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached. Other sources used or individuals contacted should be cited in the discussion. 12/16/04 ZCH 2004-0086.Atasc-adero Ave.WNU.doc 128 ' CITY OF ATASCADERO INITIAL STUDY Initial Study 2004-050 Potentially Less Than Less Than No Significant Significant with Significant Impact ZCH 2004-0086, CUP 2004-0132, TTM 2004-0055 Impact Mitigation Impact 6709 Atascadero Ave. Incorporation 1.AESTHETICS--Would the project: a) Have a substantial adverse effect on a scenic vista? 17 b) Substantially damage scenic resources, including, but not limited to,trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? 11 0 El d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? SOURCES: Project Description-Photos;Tentative Tract Map/Site Plan/Grading Plan,Accord Engineering;Floor Plans& Elevations, Freeman Fong Architecture;Preliminary Landscape Plan,Ted Elder;Color&Materials Sample Boards, Freeman Fong Architecture. DISCUSSION: The project site is not located within a scenic vista. The site is within the City's multiple-family residential zoning district, bounded on all sides by existing residential uses.Project conditions will require any lighting at the site to be designed to eliminate off site glare. The proposed landscape pian and architectural features for the project will produce no negative impact. The surrounding neighborhood is developed with single-family homes and apartment style developments. Historic Colony Homes are located within the surrounding neighborhood across and adjacent to the project site.The proposed architectural style, colors, and materials have been selected to be compatible with the surrounding residential environment and adjacent Colony Homes. The following mitigation measures are included to ensure neighborhood compatibility. Mitigation Measure 1.c.1: Proposed residences shall utilize a darker earth toned colors with compatible accent colors throughout the project.The proposed development shall respect the historic nature of the neighborhood by utilizing smooth finish stucco and traditional scaled windows.The shared driveway shall be of a decorative nature to minimize the visual impact of the paved area. Mitigation Measute 1.d.1: Exterior lighting shall be limited to wall mounted building lighting only.All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off,"hooded" lighting fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting,subject to staff approval. 2.AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects,lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997)prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland.Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland El M of Statewide Importance(Farmland),as shown on the maps prepared pursuant to the Farmland Mapping,and Monitoring Program of the California Resources Agency,to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a 12116/04 Page 14 ZCH 2004-0066.Atascadero Ave.ISMND.doc 129 CITY OF ATASCADERO INITIAL STUDY Initial Stud 2004-0050 Potentially Less Than Less Than No Study Significant Significantwith Significant Impact ZCH 2004-0086, CUP 2004-0132,TTM 2004-0055 Impact Mitigation Impact 6709 Atascadero Ave. Incorporation Williamson Act contract? 1771El El El c) Involve other changes in the existing environment which, due to their location or nature,could result in conversion of Farmland,to non-agricultural use? SOURCES: Land Use Element EIR. DISCUSSION 2a. The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency as prime farmland. 2b. The property is not under a Williamson Act contract. 2c. The project will not result in the conversion of farmland to non-agricultural uses, 3.AIR QUALITY--The significance criteria established by the Air Quality Control District in its CEQA Guidelines may be relied upon to make the following determinations.Would the project: a)Conflict with or obstruct implementation of the applicable El R air quality plan? b)Violate any air quality standard or contribute substantially El ® F F to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any El 0 criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d)Expose sensitive receptors to substantial pollutantEl 0 concentrations? _ . e)Create objectionable odors affecting a substantial number of people? 8 SOURCES: Air Pollution Control District(APCD)CEQA Air Quality Handbook, Project Description-Photos;Tentative Tract Map/Site Plan/Grading Plan,Accord Engineering. DISCUSSION: 3.a.c. This project will not affect or produce any significant air pollutants after completion of construction. Construction activities, including site grading may produce small quantities of air pollution, including dust and equipment exhaust.Any air quality impacts will be temporary and short term. 3.b. Construction activities, including site grading may produce small quantities of air pollution,including dust and equipment exhaust.Any air quality impacts will be temporary and short term. 3.d. The construction of three residential buildings,and the associated on-site and public improvements will not concentrate pollutants. 3.e. The construction of residential buildings, and the associated on-site and public improvements will not create objectionable odors. Mitioation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining . to the control of fugitive dust(PM-10) as contained in sections 6.3,6.4 and 6.5 of the April 2003 Air Quality Handbook. • Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and 12/16/04 Page 15 ZCH 2004-00M.Atascadero Ave.ISMND.dcc 130 CITY OF ATASCADERO INITIAL STUDY Initial Stud 2004-0050 Potentially Less Than Less Than No Study Significant Significant with Significant Impact ZCH 2004-0086, CUP 2004-0132, TTM 2004-0055 Impact Mitigation Impact 6709 Atascadero Ave: incorporation ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure(ATOM)for Construction, Grading,Quarrying,and Surface Mining Operations,prior to any grading activities at the site,the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA)is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading,Quarrying,and Surface Mining Operations. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre,then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1)an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2)an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one(1.0)acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A)Construction vehicle speed at work site must be limited to fifteen (15) miles per hour or less; (B)Prior to any ground disturbance, sufficient water must be applied to . the area to be disturbed to prevent visible emissions from crossing the property line; (C)Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D)Storage piles must be kept adequately wetted,treated with a chemical dust suppressant,or covered when material isnot being added to or removed from the pile; (E)Equipment must be washed down before moving from the property onto a paved,pablic road;and (F)Visible track-out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four(24) hours. 4. BIOLOGICAL RESOURCES- Would the project: a) Have a substantial adverse effect,either directly or 1771 through habitat modifications, on any species identified as a El 11 El V"J candidate, sensitive, or special status species in local or regional plans, policies,or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies,or regulations or by the California Department of Fish and Game or US Fish and Wildlife 12/16/04 Page 16 ZCH 2004-0066.Atascadero AveASMND.doc 131 CITY OFATASCADER® INITIAL STUDY Initial Study 2004-0050 Potentially Less Than Less Than No Significant Significant with 'Significant Impact ZCH 2004-0086, CUP 2004-0132,TTM 2004-0055 Impact Mitigation Impact Incorporation 6709 Atascadero Ave. Service? c) Have a substantial adverse effect on federally protected El El F2Nl wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh,vernal pool,coastal, etc.)through direct removal,filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting EJ 0 El El biological resources, such as a tree preservation policy or ordinance? t)Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, El F or other approved local, regional,or state habitat conservation plan? SOURCES: Project Description-Photos; Project Plans,Accord Engineering; Land Use Element EIR;Atascadero Tree Ordinance. DISCUSSION: 4.a. No sensitive species exists on or near the site. 4.b. No sensitive riparian habitat or sensitive natural communities exist on or near the site. 4.c. There are no wetlands on the project site. 4.d. The Land Use Element EIR concludes that development within the city limits will not have a significant impact on wildlife or wildlife corridors. 4e.f.The proposed project will not conflict with local policies or ordinances protecting biological resources nor will it conflict with any conservation plans. However,the presence of Native trees on and adjacent to the project site will require appropriate mitigation per Atascadero Native Tree Ordinance standards and guidelines. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection fencing around the dripline of each existing on-site or off-site 9native tree within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 7. All existing trees outside of the limits of work shall remain. 8. Earthwork shall not exceed the limits of the project area. 9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 10. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 11. All trees within the area of work shall be fenced for protection with 4-foot chain fink, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.3: An arborists report shall be required prior to project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The • report shall provide recommendations for tree pruning,tree protection of existing native trees to remain,and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. 12/16/04 Page 17 ZCH2O04-0066.AtascaderoAve.ISMND.doc 132 «� CITY OFATASCADERO rN TT4L STUDY Potential) • Initial Study 2004 0050 v Less Than Less Than No Significant Significantwith Significant Impact ZCH 2004=0086, CUP 2004-0132,TTM 2004-0055 Impact Mitigation Impact 6709 Atascadero Ave. Incorporation 5. CULTURAL RESOURCES--Would the project: _a) Cause a substantial adverse change in the significance of 17 a historical resource as defined in'15064.5? El V\J b) Cause a substantial adverse change in the significance of 17 an archaeological resource pursuant to'15064.5? El El LL� c) Directly or indirectly destroy a unique paleontological 17 resource or site or unique geologic feature? El Lnj d) Disturb any human remains,including those interred 17 outside of formal cemeteries? SOURCES: Project Description-Photos; Land Use Element EIR. DISCUSSION: 5.a.b.c. No historical,archeological,or paleontological resources exist on the project site.The neighborhood is currently developed with single-family and multi-family developments. Historic Colony homes exist throughout the neighborhood including adjacent to and across the street from the proposed project. Mitigation Measures listed in section 1 of the initial study ensure compatibility with the surrounding neighborhood.The proposed project will not alter the setting of the existing neighborhood. 5.d. No known human remains have been found or documented in the vicinity of the project. 6. GEOLOGY AND SOILS--Would the project: a) Expose people or structures to potential substantial adverse effects,including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault _ . Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? E EZil 1-1 iii) Seismic-related ground failure, including liquefaction? iv) Landslides? 17El El 11_2J b) Result in substantial soil erosion or the loss of topsoil? F 7 'Z21 El c) Be located on a geologic unit or soil that is unstable, or 0 that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence,liquefaction or collapse? d) Be located on expansive soil,as defined in Table 18-1-B ® (� of the Uniform Building Code(1994),creating substantial L�I risks to life or property? 12/16/04 Page 18 ZCH2O04-0066.AtascaderoAve.ISMND.doc 133 CITY OF ATAS CADERO INITIAL STUDY • Initial Study 2004-0050 Potentially Less Than Less Than No Significant Significant with Significant Impact ZCH 2004-0086, CUP 2004-0132, TTM 2004-0055 Impact Mitigation Impact 6709 Atascadero Ave. incorporation e)Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? SOURCES: Project Description-Photos; Land Use Element EIR, Project Description-Photos;Tentative Tract Map/Grading Plan/Site Plan,Accord Engineering, DISCUSSION: 6.a. The San Andreas Fault, located approximately 26 miles northeast of the site, dominates both the structure and seismicity of this region. Other faults reflecting a closer source also have a significant potential to generate earthquakes and strong ground shaking at the project site. These faults include: (1)the offshore group,including the Hosgri and Santa Lucia Bank (Purisma and Lompoc)faults; (2)the Los Osos and San Luis Range faults. In addition, the Rinconada and Oceanic faults may be active or potentially active and pose a significant potential to generate earthquakes. 6.b. Construction activities on the site will be required to comply with sedimentation and erosion control measures prescribed by the city engineer. 6.c.d. The property contains to unusual geological formations. Based on the borings conducted by GSI Soils Inc., clays and shallow bedrock materials underlie the site. This information indicated that the potential for liquefaction is negligible. 6.e. Project will not require septic. Mitigation-Measure 6.b: The grading permit application plans shall include erosion control measures to prevent soil, dirt,and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings: 7.HAZARDS AND HAZARDOUS MATERIALS--Would the project: a)Create a significant hazard to the public or the environment through the routine transport, use,or disposal of hazardous materials? b) Create a significant hazard to the public or the El 0 7 environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely El ❑ 7 LEI hazardous materials,substances,or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result,would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or,where such a plan has not been adopted,within two miles of a public airport or public use airport,would the 12116/04 Page 19 ZCH2O04-0086.AtascaderoAve.ISMND.doc 134 T ~ mom CrFY OFATASCADERO' IlVITL4L STUDY Initial Study 2004-0050 Potentially Less Than Less Than No Significant Significant with Significant Impact ZCH 2004-0086, CUP 2004-0132, TTM 2004-0055 Impact Mitigation Impact 6709 Atascadero Ave. Incorporation. project result in a safety hazard for people living or working in the project area? f) For a project within the vicinity of a private airstrip,would the project result in safety hazard for people living or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildtands are adjacent to urbanized areas or where residences are intermixed with wildiands? SOURCES: Project description,General Plan Land Use Element. DISCUSSION 7a.b.c. The project is not anticipated to generate or involve use of significant amounts of hazardous materials.There are no known hazardous materials on the site or nearby. 7.d. The property is not a listed hazardous material site. 7e.f. The property is not near an airport. 7g.h.The site is within the Fire Department's five-minutes or less response area. The Fire Marshall will determine if the residences will have fire sprinklers during review of the building permit. 8. HYDROLOGY AND WATER QUALITY--Would the project: a)Violate any water quality standards or waste discharge requirements? El 0 0 LEI b)Substantially deplete,groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.,the production rate of previously-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a El 0 stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a El VN stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on-or off-site? e)Create or contribute runoff water which would exceed the 17-71 capacity of existing or planned stormwater drainage systems or provide substantia(additional sources of polluted runoff? f) Otherwise substantially degrade water quality? El ® EI 12/16/04 Page 20 zCH2O04-0066.AtascaderoAve.ISMND.doc 135 CITY OFATASCADERO *1M. INITIAL STUDY Initial Study 2004-005 Potentially Less Than Less Than No 0 Significant Significant with Significant Impact ZCH 2004-0086, CUP 2004-0132, TTM 2004-0055 Impact Mitigation Impact 6709 Atascadero Ave. Incorporation g) Place housing within a 100-year flood hazard area as El El 17 mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? VN i)Expose people or structures to a significant risk of loss, 17 injury or death involving flooding, including flooding as a El El V\J result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? 0 El Z SOURCES: Project description, Flood Insurance Rate Map 060700 0004 B(1/20182); Preliminary Grading and Landscape Plans,Accord Engineering; Drainage Calculations,Accord Engineering. DISCUSSION: 8a. The construction will not violate water quality standards. 8b. The project will not deplete ground water supplies. Water will be provided by Atascadero Mutual Water Company. 8c.d.e.f. The project will not alter any drainage course. Construction activities are subject to review for compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. Drainage retention is proposed on the southeast corner of the landscape area. In addition,pervious pavers are incorporated into the project driveway. 8.g.h.i. Future residential uses will be outside of the 100-year flood hazard area. 8.i.j. The project area is not subject to innundation by a tsunami. Mitigation Measure 8.e.f: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented.Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices,citations,or stop work orders. 9. LAND USE AND PLANNING-Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy,or regulation of an agency with jurisdiction over the project El El (including, but not limited to the general plan, specific plan, local coastal program,or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any.applicable habitat conservation plan or El ❑ natural community conservation plan? 11 Z SOURCES: Land Use Element, Circulation Element, project description, Land Use Element EIR Project Plans, Accord Engineering. DISCUSSION: 9.a. The project will not physically divide an established community.A multi-family residential development along Atascadero Ave is consistent and compatible with the surrounding residential land use designation. However,there will be a zone change that would establish a planned development overlay on the project site to allow each unit to be islocated on a separate lot. 9.b. The General Plan and Zoning Ordinance identifies the project site, along with adjacent properties to the north, 12/16/04 Page 21 ZCH 2004.0086.AtasraderoAve.ISMND.doc 136 CITY OFATASCADERO INITIAL STUDY Potentially Less Than Less Than No Initial Study 2004-0050Potentially Significant with Significant Impact ZCH 2004-0086, CUP 2004-0132, TTM 2004-0055 Impact Mitigation Impact 6709 Atascadero Ave. .. Incorporation south, and east as High-Density Residential with a maximum density of 16 units per acre. Properties to the west are designated as Single-family residential.The project site multi-family residential zoning is consistent with the General Plan. As proposed,the zoning ordinance allows the establishment of a Planned Development Overlay zoning district to allow for smaller lot sizes in exchange for a benefit derived from the proposed development.With consideration to the requirements of a Planned Development overlay zone,the project proposes 12 attached duplex units. Approval of a Planned Development Zone Change requires a MasterPlan of Development,which incorporates site development standards and appearance review including architecture and landscaping. Per the zoning ordinance, the Master Plan of Development will be processed as a Conditional Use Permit. 9.c.The project is consistent with the open space and conservation policies identified in the General Plan. 10.MINERAL RESOURCES—Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? SOURCES: Project Description. DISCUSSION: 10.a.b. No mining is proposed as a part of this project. No known mineral resources have been identified in the area. 11. NOISE--Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? i b) Exposure of persons to or generation of excessive ground-borne vibration or ground-borne noise levels? El V1_J c)A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the El V\J project? d)A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, 17 where such a plan has not been adopted,within two miles of VN a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f)For a project within the vicinity of a private airstrip,would 177 the project expose people living or working in the project area to excessive noise levels? 12/16/04 Page 22 ZCH 2004-OOB6.Atascadero Ave.1SMND.doc 137 CITY OFATASCADERO INITIAL STUDY Initial Study 2004-0050 Potentially Less Than Less Than No Significant Significant with Significant impact ZCH 2004-0086, CUP 2004-0132, TTM 2004-0055 Impact Mitigation Impact 6709 Atascadero Ave, Incorporation SOURCES: Project description, Noise Element, Noise Ordinance,Acoustical Design Manual. DISCUSSION: 11a.b.c.d. Construction is expected to involve some heavy machinery and use of impact tools that make noise. Noise levels on the site are thus expected to be raised temporarily. The future residential use is not expected to generate unacceptable levels of noise to future adjacent residential uses. 11.e.f. The project is not located within an airport land use plan or private airstrip. Mitigation Measure 11.d: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: 7 a.m.to 7 p.m. Monday through Friday • 9 a.m.to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not of all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval ofthe Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. 12. POPULATION AND HOUSING--Would the project: a) Induce substantial population growth in an area,either 17 directly(for example, by proposing new homes and F1 0 El businesses)or indirectly(for example,through extension of roads or other infrastructure)? f b)Displace substantial numbers of existing housing, necessitating the construction of replacement housing F1 0 El elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? SOURCES: Project description, General Plan Land Use Element. DISCUSSION: 12.a. The programmed density in the General Plan for the project site allows for a maximum of 12 residential units. The project proposes twelve new units.The addition of twelve residences to the project site and local circulation system will be insignificant in terms of trip generation. 12.b.c. Four existing residences will be demolished to allow for the construction of the proposed 12 new residences. XIII. PUBLIC SERVICES 12/16/04 Page 23 ZCH 2004-0086.Atascadero Ave.ISWID.doc 138 CITY OFATASCADERO INITIAL STUDY Initial Study 2004-0050 Potentially Less Than Less Than Pio Significant Significant with Significant Impact ZCH 2004-0086,-CUP 2004-0132, TTM 2004-0055 Impact Mitigation impact 6709 Atascadero Ave. Incorporation a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ rEZI Police protection? ❑ ❑ ❑ Schools? ❑ ❑ ❑ 17 VN Parks? ❑ ❑ ❑ Other public facilities? ❑ 0 El N SOURCES: Project description, Land Use Element EIR. DISCUSSION: Development Impact Fees: Development impact Fees will be required of any new project for which a building permit is issued.The concept of the impact fee program is to fund and sustain improvements which are needed as a result of new development as stated in the General Plan and other policy documents within the fee program. Development Impact Fees fall into the following categories: Drainage Fees(including the Amapoa Tecorida Drainage Area Fee); Streets, Road, Bridge Fees; Sewer Fees; Public Safety Fees;and Park Fees, Miscellaneous Fees. In addition,school fees are collected by the Atascadero Unified School District.The amount of impact fees to be paid will be determined at the time of issuance of building permit. Fire and Police: Impact fees are charged for new development,to help pay the cost of providing new facilities to serve the expanding city.The Fire Department of the City of Atascadero has indicated that it will be able to adequately service the proposed project.The applicant shall comply with all requirements of the Fire Department.The City of Atascadero Police Department has also indicated that the proposed project poses no problems to the police to adequately service it. Schools: At buildout,the city's population will overburden the existing school system unless additional classroom space is added.The Atascadero Unified School District charges impact fees to fund additional schools as needed. State law restricts mitigation of school impacts to the levying of these fees and other measures adopted by the school district. Provision of adequate facilities for the population is the responsibility of the school district. Fees will be required through construction permits for the residence. Parks: New residences will increase demand on parks and recreation facilities.The city's Parks& Recreation Commission is committed to finding ways to continue to provide parks and other recreational opportunities to city residents as the city expands,thereby addressing cumulative impacts. No new residences are proposed. Other public facilities:The construction of the project is not expected to have significant impacts on any other public facilities. 't4. RECREATION- a)Would the project increase the use of existing 12/16/04 Page 24 ZCH 2004-0088.Atascadero Ave.WND.doc 139 „ CITY OFATASCADEIRO INITIAL STUDY Initial Study 2004-0050 Potentially Less Than Less Than No Significant Significantwith. Significant Impact ZCH 2004-0086, CUP 2004-0132,TTM 2004-0055 Impact Mitigation Impact 6709 Atascadero Ave. Incorporation neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? SOURCES: Project description,Parks and Recreation Element. DISCUSSION: 14.a. Residents are expected to use existing parks and recreational facilities, but the numbers are not expected to result in substantial physical deterioration of any facilities. The project does provide a small gathering open space area for the private enjoyment of development residents. 14.b. The project does not involve construction of recreational facilities. 15.TRANSPORTATIONITRAFFIC--Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips,the volume to capacity ratio on roads,or congestion at intersections)? b) Exceed, either individually or cumulatively,a level of ❑ service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that El El F31, results in substantial safety risks? d) Substantially increase hazards due to a design feature I01 (e.g., sharp curves or dangerous intersections)or El El 1Z incompatible uses(e.g.,farm equipment)? a e) Result in inadequate emergency access? 17 f)Result in inadequate parking capacity? 1 0 g) Conflict with adopted policies,plans, or programs E supporting alternative transportation (e.g., bus turnouts, bicycle racks)? SOURCES: Land Use Element, Circulation Element; Project Plans,Accord Engineering. DISCUSSION: 15.a.b.The Circulation Element(CE)anticipates an increase in development in this area.The CE incorporates mitigation for effects from increased traffic. 15.c. No changes will occur to the air traffic patterns. 15.d. The project's access has adequate site distance onto Atascadero Ave. 15.e. The project will have adequate emergency access from Atascadero Ave. 15.f. Adequate parking will be provided on-site for the future residential uses and required street frontage is improvements will provide added adjacent off-site vehicle parking. 15.g. The project is consistent with the area circulation and per the General Plan. The applicant shall provide 12/16/04 Page 25 ZCH2O04-0086.AtascaderoAve.ISMND.doc 140 CITY OF ATASCADERO INITIAL STUDY Initial Study 2004-0050 Potentially Less Than Less Than No M Significant Significantwith Significant Impact ZCH 2004-0086, CUP 2004-0132, 1-fM 2004-0055 Impact Mitigation Impact 6709 Atascadero Ave. Incorporation standard street frontage improvements along the property frontage per City standards and the approval of the City Engineer. Public Improvement plans are required to detail the construction. 16. UTILITIES AND SERVICE SYSTEMS--Would the project: a) Exceed wastewater treatment requirements of the 17 applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? c)Require or result in the construction of new storm water drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources,or are new El El El V\J or expanded entitlements needed? e) Result in a determination by the wastewater treatment El D 0 provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? D Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g)Comply with federal, state, and local statutes and regulations related to solid waste? VN SOURCES: Project description, Land Use Element(LUE) EIR; Project Plans,Accord Engineering. DISCUSSION: Water. The Atascadero Mutual Water Company(AMWC)will provide water.All property within the city limits is entitled to water from the AMWC.The project is not expected to require significant quantities of water for the proposed uses. Water is pumped from two portions of the largest underground basin in the county,the Paso Robles Formation,using a series of shallow and deep wells.The water company anticipates that it will be able to meet the city's needs through buildout and beyond: Water demand at buildout under the LUE is estimated at about 8,500 acre-feet per year(AFY).The total available groundwater supply greatly exceeds demand, according to the findings of the Long-Term Viability of Water study. However,the water company does not currently have the deep wells needed to tap into the total amount needed at buildout.The water company is currently developing plans for installing wells where they will be most effective and will not conflict with water rights of others.According to the Water Company,development of additional wells is expected to keep pace with construction in the city, so that water supply will not be interrupted. Sewer. Sewer'discharge will be handled by a City sewer connection. Storm Water. On-site storm water drainage has been designed to flow follow existing drainage pattern.On-site 12/16/04 Page 26 ZCH2O04-0086.AtascaderoAve.iSMND.doc 141 CITY OFATASCADERO INITIAL STUDY • Initial Study 2004-0050 Potentially Less Than Less Than No Significant Significant with Significant Impact ZCH 2004-0086, CUP 2004-01.32,TTM 2004-0055 impact Mitigation Impact 6709 Atascadero Ave. Incorporation pervious driveway pavers and storm water retention is proposed. 17. MANDATORY FINDINGS OF SIGNIFICANCE-- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individuallyEl ❑ 17 limited, but cumulatively considerable?("Cumulatively El VN considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will ❑ 17 cause substantial adverse effects on human beings,either directly or indirectly? DISCUSSION: The project site is comprised of three residential parcels developed with four units. PThe proposed project includes twelve new attached duplex units consistent with the requirements for the establishment of a planned Development Zoning District. In addition,the project is consistent with the City's General land use and housing element policies related to housing and infill development.The proposed project has been analyzed as required by CEQA. Project-related impacts have been identified and mitigation measures have been included within the proposal to reduce the effect of the proposed project as described herein. SOURCES: General Plan Land Use Element, City of Atascadero,2002 Zoning Ordinance, part of Municipal Code,City of Atascadero,as amended through 1999. Land Use Element'Environmental Impact Report,Crawford,Multari, &Clark,adopted 2002 CEQA Handbook,Air Quality Control District,August 1995 General Plan Safety Element, City of Atascadero,2002 General Plan Circulation Element,2002 General Plan Noise Element,adopted 2002 Acoustical Design Manual, Brown-Buntin Associates, 1991 Noise Ordinance, City of Atascadero, 1992 Guide for Developers,Atascadero Fire Department, 1998 draft Flood Insurance Rate Map, community-panel number 060700 0003 B, Federal Emergency Management Agency, January 20, 1982 Trip Generation, Institute of Traffic Engineers U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings PROJECT-SPECIFIC SOURCES: Project description includes the following: • Tentative Tract Map, R Accord Engineering • Site Plan, Grading and Drainage Plan,Accord Engineering/Freeman Fong Architecture • Floor Plans&Elevations, Color and materials Board, Freeman Fong Architecture • Preliminary Landscape Plan,Ted Elder 12/16./04 Page 27 Zcy2004-ooes.AtascaderoaveASNINc.aoc 142 ITEM NUMBER: B-1 DATE: 02/22/05 ATTACHMENT 4: Draft Resolution A Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2004-0050 PREPAREDFOR ZONE CHANGE 2004=00869 ZONE CHANGE 2005-00959 TENTATIVE TRACT MAP 2004-0055, AND CONDITIONAL USE PERMIT 2004-0132,APN 030-281-0149 0159 016 (Atascadero Ave/Caliber Home Developments) WHEREAS, an application has been received from Caliber Home Developments (317 Ocean View Ave, Pismo Beach, Ca 93449) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family 16) to RMF-16/PD-25 (Residential Multi-Family-16 with Planned Development Overlay #25) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 0.85-acre site located at 6709, 6725, 6735'Atascadero Ave (APN 030-281-014,-015,016); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004-0050 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act(CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on January 18, 2004 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated, and with the addition of mitigation measure 9.b.1; and, WHEREAS, the City Council of the City of Atascadero held a public hearing on February 22, 2005, following the close of the review period, to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves certify Proposed Mitigated Negative Declaration 2004-0050 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 143 ITEM NUMBER: B- 1 DATE: 02/22/05 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly and, 7. The added mitigation measure is more effective in mitigating or avoiding potential significant effects, and it will not,in itself, cause any potentially significant effect on the environment. 144 ITEM NUMBER: B-1 DATE: 02/22/05 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,C.M.C., City Clerk APPROVED AS TO FORM: Patrick Enright, City Attorney 145 ITEM NUMBER: B-1 DATE: 02/22/05 Exhibit A Proposed Mitigated Negative Declaration 20040050 .s CITY OFATASCADERO PROPOSED AMYGATED 0403 m Camima 1041 Aix A 3shin daze,u.56421. 805491-3000 4icma€3: Coma 6=Dvxbyamzk:117QwnTi5aro KVA aue Bok4 Gx 43449 771-3723 7u= k oBa=R:,4amaC1 a30 -00 1,C*zdtis�rsiL[oFburitliDD4-0132:I hwctffiag ]004 05.4 zwl}]stPL DjW1opm0d5V)Tlimu ptui4NI 1709 Admam ian flue lttsoas8im,iC&SO423 Uin&16aupjrlagiliana l.,.aaM (&uLux apo Cemty)i M 030-IM-01+,611,hili. pvojedt mpopoicapajactaemaivtowfMggp&weanfZWLYAmciml,comdit6miusaFtiamoaad iaaai Tuddimsaiadvamd ]atli tVAbadompb24milaztlamT&um tof9nMammalbvalapaowomArfdiataat itax]sali vai�tla Eigilsmtialffial&Fima�j�l�TdR1 R t ss�d>staatEgahprpsislzisidamw is gTu3izza*1,319#1jm=feat.I10Fr Wtiwwm no VnV rsd 630 pulin=apica moaandnuvoy CkmadHon dipati}n 13*m=iV3mAud11-BE Faz mtit liaaslazidmmbipbFiail„--1mF11 F d*W as 1. 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P-"-d.ik-p A:r v Gkwmv Akjm" J k w"f Doom,P steda Damm az 17,2004 PwAi to Raview Euds3 Jsmcaaa}5,9005 AMmaitumatst 1 aamal.saiupffiap bo la]au CUdmF&md Emit a p Pku 1Azdiatlo Pku Izaa pb uatiau.pku W053M C ffO IRJM,SMTH!d-ATRICAMM, C.s ironmtPO:= G,,.4G1 7-V.X M-7t57.2 146 ITEM NUMBER: B-1 DATE: 02/22/05 ATTACHMENT 5: Draft Ordinance A Approval ofDraftMitigated Negative Declaration DRAFT ORDINANCE A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADER09 CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2004-0086 TO ESTABLISH PLANNED DEVELOPMENT OVERLAY DISTRICT#25 (Atascadero Ave/ Caliber Home Developments) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Caliber Home Developments (317 Ocean View Ave, Pismo Beach, Ca 93449)Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family 16) to RMF-16/PD-25 (Residential Multi-Family-16 with Planned Development Overlay #25) with corresponding Master Plan of,Development and Vesting Tentative Tract Map on a 0.85-acre site located at 6709, 6725, 6735 Atascadero Ave (APN 030-281-014, 015, 016); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics;and, WHEREAS,an Initial Study and Draft Mitigated Negative Declaration 2004-0050 were prepared for 'the project and made available for public review in accordance with the requirements of the California Environmental Quality Act(CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health,safety, and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws.and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral 'and documentary, was admitted on behalf of said zoning text amendments; and, 147 ITEM NUMBER: B- 1 DATE: 02/22/05 WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on January 18, 2005, studied and considered Zone Change 2004-0086,after first studying and considering the Draft 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 February 22, 2005, studied and considered Zone Change 2004-0086, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findingsfor Approval of a Zone Text Change Creating a PD-25 Planned Development Overlay District.'The City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION:2. Approval. The City Council of the City of Atascadero, in a regular session assembled on February 22, 2005 resolved to introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.670 Establishment of Planned Development'Overlay Zone No. 25: (PD25). Planned Development Overlay Zone No.25 may be established in Residential Multi-family zones. The maximum residential density within the planned development shall not exceed the densities allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by all projects within the PD25 overlay zone: a) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. b) The Tentative Tract Map and any subsequent amendments for the site shall be consistent with an approved Master Plan of Development.All construction and development shall conform to the approved Master Plan of Development, as conditioned. c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. d) All proposed projects shall be no fewer than 4 residential units and no greater than 12 residential units. e) A parent lot or lots shall have frontage on a public street. 148 ITEM NUMBER: B-1 DATE: 02/22/05 f) Access off of the public street shall be designed as a parking court if the distance from the back of sidewalk to the terminus of the court is less than 150 feet and shall include the following elements: i. 16 feet paved width minimum (decorative concrete or pavers) with 2 foot shoulders of low lying landscaping (subject to Fire Department approval). ii. Decorative paving continuous throughout the parking court. iii. =Address marker at the entrance to the court. Multiple parking courts can be joined providing that each court meets the above standards and that only one court per street access be established. g) Appearance of each dwelling unit, site landscaping, site development, and amenities shall be consistent with the Atascadero Appearance Review Manual.All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. h) Building setbacks shall be as follows: Setback from public street frontage: 12 feet from right-of-way/back of sidewalk (whichever is greater) when minimum 6 foot landscape parkway provided. 18 feet from right-of-way/back of sidewalk (whichever is greater)when no parkway is provided. Porches can encroach up to 3 feet into the required setback. Setback from parking court/interior street: '8 feet to porch 10 feet to front of residence 10 feet minimum to garage (if one car garage proposed, the second parking space must be located in the driveway with a minimum length of 20 feet) 5 feet to side of residence Setback between buildings: 10 feet minimum (unless attached) Rear yard setback: 12 feet minimum i) Porches shall be provided for each unit. Porches shall be a minimum of 6 feet deep and a functional width. j) Residential units adjacent to a public street shall be oriented to the public street. k) A landscaped yard and/or an open space amenity feature shall be located at the terminus of the parking court/street. No garages or vehicle parking are permitted at the court/street terminus. 1) 300 square feet of private open space shall be provided for each unit with a minimum dimension of 12 feet. m) Each unit shall include the following: 149 ITEM NUMBER: B-1 DATE: 02/22/05 i. 300 cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement). ii. Dedicated space for laundry facilities with hookups. n) All utilities, including electric,telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. o) Engineered drainage detention basins shall be located within a common area.Multiple basins on individual lots shall not be permitted. All basins shall be landscaped, shall be no deeper than 2 feet, and shall be unfenced. No retaining walls or fencing shall be permitted within the basin area. p) Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to fence panels. q) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. r) Trash shall be stored in individual garages or behind fenced areas on individual lots. Dedicated trash storage area shall be a minimum of 3'x 6' paved area, s) A minimum of one common decorative light shall be provided at the end of the parking court. t) Lot coverage shall not exceed 40% of the net lot area. u) A one-car garage (minimum 11' x 20') shall be required for attached residential units. A two-car garage (minimum 20'x 20') shall be required for detached residential units. v) The total number of parking spaces shall be provided as follows: i. 2 spaces per unit. Both spaces must be located on the individual lot. ii. Guest parking provided at a ratio of 1 space per every 3 units.* *Guest parking may not be located adjacent to the public street frontage. 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. 150 ITEM NUMBER: B -1 DATE: 02/22/05 INTRODUCED at a regular meeting of the City Council held on , and PASSED d 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 Enright, City Attorney 151 ITEM NUMBER: B-1 DATE: 02/22/05 ATTACHMENT 6: Draft Ordinance B Approval of Proposed Zoning Map Change DRAFT ORDIANNCE B ORDIANACE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2005-0095,AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 030-281-0149 0159 016 FROM RMF-16 (RESIDENTIAL MULTI-FAMILY- 16) TO RMF-16/PD-25 (RESIDENTIAL MULTI-FAMILY 16/PLANNED DEVELOPMENT OVERLAY#25) (Atascadero Ave/ Caliber Home Developments) WHEREAS, an application has been received from Caliber Home Developments (317 Ocean View Ave, Pismo Beach, Ca 93449) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family 16) to RMF-16/PD-25 (Residential Multi-Family-16 with Planned Development Overlay #25) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 0.85-acre site located at 6709, 6725, 6735 Atascadero Ave (APN 030-281-014, 015,016); and, . WHEREAS, the site's General Plan Designation is HDR (High Density Residential); and, WHEREAS, the site's current zoning district is RMF-16 (Residential Multi-family -16); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0050 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety, and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and 152 ITEM NUMBER: B -1 DATE: 02/22/05 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 18, 2005, studied and considered Zone Change 2005-0095, 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 February 22, 2005, studied and considered"Zone Change 2004-0095, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RMF-16/PD25. The City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. The proposed project offers certain redeeming features to compensate for the requested zone change. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on February 22, 2005, resolved to introduce for first reading by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Location Map 2. Exhibit B: Zone Map Amendment Diagram 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. 153 ITEM NUMBER: B-1 -DATE: 02/22/05 INTRODUCED at a regular meeting of the City Council held on and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call voter 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 Enright, City Attorney 154 ITEM NUMBER: B-1 DATE: 02/22/05 Exhibit B: Zone Map Amendment Diagram m Subject Sites Atascadero Ave. Existing Designation: -Residential Multi-family 16 Proposed Designation: Residential Multi-Family-16/PD-25 155 ATTACHMENT 7: Draft Resolution B Approval of Proposed Master Plan of Development DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,CALIFORNIA,APPROVING CONDITIONAL,USE PERMIT 2004-0132 (MASTER PLAN OF DEVELOPEMNT) ON APN 030-281-014, 0159 016 (Atascadero Ave/Caliber Home Developments) WHEREAS, an application has been received from Caliber Home Developments (317 Ocean View Ave; Suite 1, Pismo Beach, CA 93449) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family - 16) to RMF 16/PD-25 (Residential Multi-Family-16 with Planned Development Overlay #25) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 0.85-acre site located at 6709, 6725,6735 Atascadero Ave (APN 030-281-014, 015,016); and, WHEREAS, the site's General Plan Designation is HDR (High Density Residential); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF-16 (Residential Multi-Family-16) to RMF-16/PD-25 (Residential Multi- Family-16/Planned ultiFamily-16/Planned Development Overlay#25); and, WHEREAS, the PD-25 requires the adoption of a MasterPlan of Development, approved in the form of a Conditional Use Permit;and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0050 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the;preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA)have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 18, 2005, studied and considered the Conditional Use Permit 156 2004-0132 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on February 22, 2005, studied and considered Conditional Use Permit 2004-0132 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project,and, NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION` I. Findings for Approval of Conditional Use Permit. The City Council finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual;and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD-25 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and PD-25 overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, i 157 SECTION 2. Findings for Approval of Tree Removal. The City Council finds as follows: 1. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: Early consultation with the City; Consideration of practical design alternatives; ■ Provision of cost comparisons(from applicant) for practical design alternatives; If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Approval. The City Council of the City of Atascadero, in a regular session assembled on February 22, 2005, resolved to approve Conditional Use Permit 2004-0132 (Master Plan of Development) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of approval/Mitigation Monitoring Program EXHIBIT B: Master Plan of Development EXHIBIT C: Landscape Plan EXHIBIT D: Floor Plans Type 1 EXHIBIT E: Elevations Type l EXHIBIT F: Floor Plan Type 2 EXHIBIT G: Elevations Type 2 EXHIBIT H: Grading and Drainage Plan EXHIBIT I: Color and Materials Type 1 EXHIBIT J: Color and Materials Type 2 EXHIBIT K: Tree Protection Plan 158 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, C.M.C., City Clerk APPROVED AS TO FORM: Patrick Enright, City Attorney 159 EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program PD-25 Master Plan of Development(CUP 20040132)/ZCH 2004-0086/ZCH-2005-0095 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business BS:Butting Seftes Vintage Homes License FD:Fee Department GP:Grading Permit PD:Police Depadment PD-25 Master Plan of Development BP:Budding Pemd CE City Engineer Fl:Final Inspectnn W.Wastewater TO:Temporary CA Co Anomey Occupancy FO:Final Occupancy Planning Services 1. The approval of this zone change and use permit shall become final and FM PS effective following City Council approval. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty(30)days following the City Council approval of ZCH 2004-0086 and ZCH 2005-0095 upon second reading, unless prior to that time,an appeal to the decision is filed as set forth in Section 9-1.111(b)of the Zoning Ordinance. 3. The Community Development Department shall have the authority to approve BP/FM PS,CE the following minor changes to the project that(1)modify the site plan project by less than 10%,(2)result in a superior site design or appearance,and/or (3)address a construction design issue that isnot substantive to the Master Plan of Development. Any other changes to the Master Plan of Development shall be subject to City Council approval.Any associated Tentative Maps unless shall be subject to Planning Commission approval. 4. Approval of this Conditional Use Permit shall be valid for twenty-four(24) BP/FM PS months after its effective date. At the end of the period,the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend,indemnify,and hold harmless the City of Ongoing PS Atascadero or its agents,officers,and employees against any claim or action brought to challenge an approval by the city,or any of its entities,concerning the subdivision 6. All subsequent Tentative Map and construction permits shall be consistent BP/FM PS,CE with the Master Plan of Development contained herein. 7. All exterior elevations,finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT E,G, 1,and J with the following modifications: ■ All exterior material finishes(siding,trim,doors,windows,light fixtures, garage doors)shall be durable,high quality,and consistent with the architectural appearance. ■ All trash storage,recycle storage,and air conditioning units shall be screened from view behind architecturally compatible or landscaped 160 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Se vices Vintage Homes License FD:Fre Depadment GP:Grading Perri PD:Police Department PD-25 Master Plan of Development BP:BeadingPemi CE:CityEngineer FI:Final hnspectbn WW;Wastevrater T0:Tefflipa y CA City Atlomey Occwarq F0:Final Owipancy enclosures; Stucco siding shall be smooth troweled or similar.No machine finishes Will be permitted. ■ Roofs shall be architectural grade dimensional shingles. ■ Heavier trim shall be included on all buildings. • A wrap around porch shall be included on units A,B,E,and F. 8. All site development shall comply with the standards of the Planned BP PS,BS Development 25 Overlay District. 9. All site work,grading,and site improvements shall be consistent with the BP/FM PS,BS,CE Master Plan of Development as shown in EXHIBIT B,C,and H. 10. All project fencing shall be installed consistent with EXHIBIT B and C subject GP/BP PS to the following modifications: ■ Fencing material and treatment shall comply with the PD25 standards. ■ All fencing shall be recessed from the fagade of the units along all street and parking court frontages. 11. Final selection of colors and materials identified in EXHIBIT I and J shall be GP/BP PS subject to staff approval. 12. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C,and as follows: • All exterior meters,air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits,subject to staff approval. Parking court and open space trees shall be minimum 15-gallon size and double staked. • Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 161 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL*Business BS:Building Services Vintage Homes License FD:Fire Department GP:Grading Pernii PD:Police Department PD-25 Master Plan of Development BP:BuildingPermA Ce city Engineer FI:Final Inspection WR Wastemier TO:Temporary CA City Attorney Occupancy FO:Final Occupancy 13. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas,consistent with EXHIBIT C. 14. Affordable Housing Requirement:The applicant shall deed restrict a GP/BP PS,CA minimum of 2 residential units for 30 years,prior to or concurrently with the final map,at a moderate income rate. All units shall be distributed throughout the project,subject to staff approval. 15. Workforce Housing: Prior to recordation of final map,the applicant shall enter BP PS,CA into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero,including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60-days. During this time period offers may only be accepted from Atascadero residents or workers; • The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; • The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved;and The City Attorney shall approve the final form of the agreement. 16. A Tree Protection Plan shall be submitted with subsequent building permits GP/BP PS for encroachment within the drip line of native trees located on the subject parcel and any adjacent properties.The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 17. An address marker to include address for all units shall be located at the GP/BP PS public street access point.The address marker shall be compatible with the project architecture. 18. The emergency services and facility maintenance costs listed below shall BP PS be 100%funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. 162 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL•Business BS:Building Services Vintage Homes License FD:Fre Dep rUmnt GP:Grading Pemut PD:Police Department PD-25 Master Plan of Development BP:BuildingPema CE CoEngimr FI:Finallnspeclion WW.Wasteveter TO:Temporary CA:City Allomey Occupancy F0:Final Occupancy • All Atascadero Police Department service costs to the project. • All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 19. All tract maintenance costs listed below shall be 100%funded by the project BP PS in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association-shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities,shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access. roads, emergency access gates, and sewer mains within the project. b) All parks,trails,recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets 20. Prior to final map,the applicant shall submit CC&Rs for review and approval BP PS,BS by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking,street trees,fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. 163 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business BSt Building Services Vintage Homes license FD:Free Department GP Grading PermA PD:Police Depataienl PD-25 MasterPlan of Development BP.BuildingPerrm CE:Co Engineer Fl:Fiinallnspection WW:Wastewater TO:Temporary CA Ciy Attomey Occupancy F0:Final Oceupency d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 21. Approval of this permit shall include the removal of 4 Native Trees,totaling 76 BP PS,BS inches dbh.The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree .Ordinance.Any additional removals shall be subject to Planning Commission approval. A mitigation deposit shall be collected for the existing sycamore trees located along the Atascadero frontage prior to the issuance of building permits. Should these trees be damaged beyond repair due to construction of the project, the mitigation deposit will be retained by the City and the developer shall replant with like species,24'box size or greater. 22. The foundation design for the units impacting trees 54, 58, and 59 shall be designed to bridge the root system, as recommended by the arborist in the project report dated July 26,2004. 23. The one bedroom units along the Atascadero Ave frontage shall include a minimum 1/2 bath(sink and toilet)on the upper floor. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 24. Obtain approval by the City Engineer of the grading & drainage plan and the BP,GP CE storm drain design&facilities. 25. Submit calculations to support the design of any structures or pipes. Closed BP,GP CE conduits shall be designed to convey the 10-year flowwith gravity flow, the 25-year flow with head, and provide safe conveyance for the 100 year overflow. 26. Provide for the detention of the 50 year developed storm runoff, while BP,GP CE metering out then year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. 27. Show the method of dispersal at all pipe outlets. Include specifications for size BP;GP CE 164 Conditions of Approval/ Tinning Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Sambas BL:&rshm BS:Building Services Vintage Homes License FD:FireDepanment GP:Grading Permil PD:Police Departrnent PD-25 Master Plan of Development BP:Building Pernil ' CeCilyEngineer FI:Frallnspection W.Wastewater TO:Temporary CA:Co Attorney Occupancy FO:Final Cxupancy &type. 28. Acquire drainage easements where needed. Drainage shall cross lot lines BP,GP CE only where a drainage easement has been provided. 29. Concentrated drainage from off-site areas shall be conveyed across the BP,GP CE project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement can not be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. Public Improvements and Maintenance: Atascadero Avenue 30. The applicant must provide for the repair and maintenance of on-site shared FM CE improvements.This includes roads,sidewalks,street trees,streetlights, private sewer system,drainage facilities,recreation areas and common landscaping.The two methods that may be used are: a.Homeowners Association.This private organization would be responsible for the maintenance,repair and replacement of the facilities. b.Assessment District and Landscape and Lighting District.Funds for the maintenance,repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. 31. All public improvements shall be constructed in conformance with the City of BP,GP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 32. Full frontage improvements are required with this development.These include BP,GP CE curb, gutter, sidewalk and paveout Public Improvement plans shall be submitted detailing the design. 33. Prior to issuance of building permits,the applicant shall submit a grading and BP,GP CE drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer, SANITARY SEWER CONDITIONS 34. The Public Works Department shall approve all wastewater facilities prior to BP,GP WW construction. This includes pumps, force mains, cleanouts, manholes and connections. 165 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services B Business BS:Building Services Vintage Homes License FD:Fire DepaMient GP:Grading Penrvt PD:Police Department PD-25 Master Plan of Development BR Building PermitcB city Engineer FI:Fiinalltspec6on WW:Wastewater TO:Tem{wrmy CA City Mornay Occupancy Mr.Fuad O=upancy 35. Applicant shall pay sewer extension (annexation) fees upon issuance of BP,GP WW building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. 36. Gravity mains and other sewer facilities within the subdivision shall be BP,GP WW privately owned and maintained. 37. Gravity mains within the subdivision shall be eight(8)inches in diameter. BP,GP WW 38. Gravity main onsite shall end in a manhole. BP,GP WW STANDARD CONDITIONS 39. All public improvements shall be constructed in conformance with the City of BP,GP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 40. In the event that the applicant is allowed to bond for the public improvements FM CE required as a condition of this map,the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 41. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 42. The Subdivision Improvement Agreement shall record concurrently with the FM CE Final Map. 43. The applicant shall be responsible for the relocation and/or alteration of BP,GP CE existing utilities. 44. The applicant shall install all new utilities (water, gas, electric, cable TV and BP,GP CE telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 45. The applicant shall monument all property comers for construction control and FM CE shall promptly replace them if disturbed. 46. The applicant shall acquire title interest in any off-site land that may be FM CE required to allow for the construction of the improvements.The applicant shall bear all costs associated with the necessary acquisitions.The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 47. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 48. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 166 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services Vintage Homes License FD:Fre Depadment GP:Grading PwrA PD:Police Department PD-25 Master Plan of Development BP:Building Pennil CE city Engineer FI:Fria)Inspechm WW:Wastewater TO:Temporary CA CAV Atlomey Occupancy F0:Final Occupancy 49. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 50. Prior to recording the tract map, the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein.The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 51 Prior to recording the tract map,the applicant shall set monuments at all new FM CE property comers. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that comers have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 52. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 53. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval . 54. Prior to recording the tract map,the applicant shall have the map reviewed by FM CE all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that maybe required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 55. Upon recording the final map,the applicant shall provide the City with a black FM CE line clear Mylar(0.4 mil)copy and a blue line print of the recorded map. 56. Prior to the final inspection of any public improvements, the applicant shall FM CE submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 57. Prior to the final inspection, the applicant shall submit a written certification BP,GP CE from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 58. An encroachment permit shall be obtained prior to any work within City rights BP,GP CE of way. 59. Prior to the issuance of building permits the applicant shall submit a grading BP,GP CE and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 167 . Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure' PS:Planning Services BL:Business BS:Building Services Vintage Homes License FD:Fire DepaNnent GP:Grading Pere t PD:Police Deparftnt PD-25 Master Plan of Development BRBuilding Permrt CE:CtlyEngineer FC Final Inspection WW:Waslenater TO:Temporary CA C ty Nbmey OccMancy F0:Final Occupancy 60. Before the issuance of building permits,the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards(Code of Regulations Title 22, Division 4, Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 61. Before the start of construction on the water system improvements,the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC,the applicant may enter in to a"deferred connection"agreement. 62. Before issuance of building permits,the applicant shall obtain a"Will Serve"letter from AMWC for the newly created lots within the subdivision. 63. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 64. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 65. The applicant shall obtain a separate landscape-irrigation meter from AMWC for the common areas within the project. Landscaping for common areas shall be drought-tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II-7, Hydrology and Water Quality,of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. Mitigation Measures Mitigation Measure 1.c.1: Proposed residences shall utilize a darker earth BP PS 1.c.1 toned colors with compatible accent colors throughout the project.The proposed development shall respect the historic nature of the neighborhood by utilizing smooth finish stucco and traditional scaled windows.The shared driveway shall be of a decorative nature to minimize the visual impact of the paved area.The units shall incorporate heavier trim elements and a wrap around porch shall be included on units A, B, E,and F. • Mitioation Measure 1.d.1: Exterior lighting shall be limited to wall mounted BP PS 1.d.1 building lighting only.All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite 168 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Busies. BS:Building ServicesVintage Homes License FD:FireDepamnent GP:Grading Permit PD:Police Deparlrr ent PD-25Master Plan of Development BP:BuildingPemrt CE:CdyEngineer R:Finallnspecton WW:Wastewater TO:Temporary CA Co Attorney occuPancY F0:Final Occupancy light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting,subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust(PM-10) as contained in sections 6.3,6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM)for Construction,Grading,Quarrying,and Surface Mining Operations,prior to any grading activities at the site,the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos(NOA)is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction,Grading, Quarrying,and Surface Mining Operations. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD.Should Naturally Occurring Asbestos be identified within the area of construction,and the worked area will be less than or equal to one acre,then the dust control measures identified below are required. If the disturbed area is greater than one acre,additional requirements may include but are not limited to 1)an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins,and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one(1.0)acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity; (A)Construction vehicle speed at the work site must be limited to fifteen (15)miles per hour or less; (B)Prior to any ground disturbance,sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C)Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; 169 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services Vintage Homes License FD:Fee Department GP:Grading Pent PD:Police Depedment PO-25 Master Plan of Development BP:Budding Permit CE:Cly Engineer FI:Final inspeatbn WW:Wastewater T0:Temporary -0A Co Attorney Doc panty F0:Final Occupancy (D) Storage piles must be kept adequately wetted,treated with a chemical dust suppressant,or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road;and (F)Visible track-out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four(24)hours. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection GP PS 4.e.1 fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 foot chain link,snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.3: An arborists report shall be required prior to project GP PS 4.e.3 implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning,tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil,dirt,and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d: A soils report shall be required to be submitted with GP BS 6.c.d a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. 170 Conditions of Approval/ riming Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business BS:Building Services Vintage Homes License FD:Fite Deparhnent GP:Grading Peurd PD:Police Depadment PD-25 Master Plan of,Development BRBuilding Pemd CECilyEngneer FI:Final Inspednn WW:Wastewater TO:Tenporary CA.Ciy Attomey Ow4ancy FO:Final Occupancy Mitigation Measure 8.e.f: The developer is responsible for ensuring that all BP CE 8.0 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations,or stop work orders. Mitigation Measure 11.d: All construction activities shall comply with the City of Ongoing BSiPs 11A Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • " 7 a.m.to 7 p.m.Monday through Friday 9 a.m.to 6 p.m.Saturday • No construction on Sunday Further,particularly loud noises shall not occur before 8 a.m.on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions,subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. i 171 EXHIBIT B:Master Plan of Development/Site Pian e n yy t �i R � . v ; ' � + liltj ;I zw At 1W t � t gj A r 172 EXHIBIT Ce Landscape Plan Ul } i � � � ' ltt�tttCt�a41t1'tlttttE�"t:it � ,lip uj w W LLJX 173 EXHIBIT D:Floor Plans Type 1 4'i If TIT,�- �- LP 4 1b, 10 Ox u, RAI 174 EXHIBIT E: Elevations Type 1 iVO AD ff k Nu l 1 I , I� A t 1 I t 1 f y { HIM d tY� ' i' IA xa di � =rte 175 EXHIBIT F:Floor Plan Type 2 WOR y#� S LL Ki C RM q.W„ w. 4455 C �kg y Ikih�t� � b� 1 4 � 176 EXHIBIT G:Elevations Type 2 s oil0- ILI J�: . i EE 77 An gg � 1 I. < 177 EXHIBIT H:Grading and Drainage Plan ,y armwd7UU W 'SNOtStTt38 M,iz—V :S It 7 it 9 & � .41 W��jN�ma • pp L b x�`JS�} u .•s Y+ y sir .3 f #'F g } ,77 HAS it. $$$ � � '� � �„�q �x�• {lam � � 5 Z �� � F �R� � `� {IIF I , N � ���� ;•�� b € By .� � AISr. J.nYwl@ .9u9t 1u..,rxs •••—•� - 178 EXHIBIT 1:Color and materials Type 1 ` v OR Aw Eon EAWW.D�4t'4#9+rAL G� fi 7`4ow Pte9H1'?K)�+iA7d44 ..^ . BOtlX'GCzt.t7R �� r ; £ S.'X '. % t� wall Qg»,WOiQYM `'l ENV— s 1-04 214 �.. .�+*.' EY.JnC+9Fl! & 17C &t#,.' .R! 'M!! �.`i C•=. � �,II dY F r F ticow S4 ON a� tr , <�y -Xr- 71 .0 a 77. of 179 EXHIBIT J:Color and Materials Type 2 Pkwt a a • w1v 4�, c ri} z t °a .w NOW ti nOfEo a s aA ft x 180 EXHIBIT K:Tree Protection plan f Jill �. ZI I � � 4 m 1. -�t3,R��dx��t'" {YY46ffi��E � G� a .,•� .d ! d ..y .. .[ t... �i i6 €E2 Y1FUSglot � 181 ATTACHMENTS: Draft Resolution C Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNICL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 2004-0055,A TWELVE LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT,APN 030-281-0149 0159 016 (Atascadero Ave/ Caliber Home Developments) WHEREAS, an application has been received from Caliber Home Developments (317 Ocean View Ave, Suite 1, Pismo Beach,Ca 93449) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family - 16) to RMF- 16/PD-25 (Residential Multi-Family-16 with Planned Development Overlay #25) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 0.85-acre site located at 6709, 6725, 6735 Atascadero Ave (APN 030-281-014, 015, 016); and, WHEREAS,the site's General Plan Designation is HDR (High Density Residential); `— and, WHEREAS,the Planning Commission has recommended that the site's zoning district be changed from RMF-16 to RMF-16/PD-25; and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF-16 (Residential Multi-Family-16) to RMF-16/PD-25 (Residential Multi- Family-16/Planned Development Overlay#25) and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0050 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act(CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA)have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Vesting Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 18, 2005, studied and considered Tentative Tract Map 2004- 182 0055, 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 February 22, 2005, studied and considered Tentative Tract Map 2004-0055, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Vesting Tentative Tract Map, the City Council finds as follows: 1. The proposed subdivision,design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD-25 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District#25 Master Plan of Development(CUP 2004-0132). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. -5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within,the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping)over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. 183 SECTION 2. Approval. The City Council of the City of Atascadero,-in a regular session assembled on February 22, 2005, resolved to approve Vesting Tentative Tract Map (TTM 2003-0055) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map2003-0055 2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program. On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Wendy Scalise,Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick Enright, City Attorney 184 Exhibit A:Vesting Tentative Tract Map .E�siwAi✓� .�ano-rtr .>Mm ,q ww 3N+rwMp .pMWiNa19 +i4w���- . Edtwo miss If Ail Jul! 4A � . . .< 1-1 . yip"/["y �am/ y1p � y � �'Yi}$W .��A m:���- .,� •R iS "M' KM Ito s z is ,a - a - < w> «.......w.m..4' < 185 Exhibit 13,Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 20040055 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GR Grading Peal PS:Planning Services BR Building Peat BS:Building Services Vintage Homes SIR.Srndivision FD:Firepepartrrent VeStln Tentative Tract Ma 4rovemen!F%ns PD:Police°ep dmnt g p FM:Final Map CE:City Engineer TTM.20040055 TO:Temporary WW:Wastewater Occupancy CA City Attorney FI:Final insPectim AMWC:Water Comp. F0:Final O=Mar cy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty(30)days following the City Council approval of ZCH 2004-0086 and ZCH 2005-0095 upon second reading,unless prior to that time,an appeal to the decision is filed as set forth in Section 9-1.111(b)of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at(APN On going PS 030-281-014,015,016)regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein,shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes(QUIMBY Act)as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100%funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney,City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably 186 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program )Monitoring Measure GP:Grading Permit PS:Plannh9 Services BP:Building Pemill BS:Building Services Vintage Homes SIP:Subdktion FD:FeeDepadment Improvement Plans PD:Police Department Vesting Tentative Tract Map FM:Final Map ice cay Engineer TO:Temporary WW:Wastewater TTM 20040055 occupancy CA OyAttorney FI:Final inspection AMWQ Water Conp. FO:Final Occupancy required by the City with regard to the establishment of the district and assessment of the property. • All Atascadero Police Department service costs to.the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets,bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. • All parks,trails,recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. Prior to final map, the applicant shall submit-CC&Rs for review and BP PS approval by the Community Development Department.The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. 187 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GF:Grading PwM PS:Planning Services BF.Building Perrnit BS:Building Services Vintage Homes SIRSubdiv'sion FD:FroDepadment Vesting Tentative Tract Ma Improvement Plans PD:Police Department g p FNI:Final Map CEDAy Engineer TTM 2004-0055 TO.,Temporary WW:Wastewater Occupancy CA Cly attorney FI:Final inspection AMC:Water Comp, FO:Final O=parq c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 11. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS,CA minimum of 2 residential units for 30 years,at the moderate income rate: All units shall be distributed throughout the project,subject to staff approval. 12. Workforce Housing: Prior to recordation of final map,the applicant shall BP PS,CA enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero,including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60-days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved;and The City Attorney shall approve the final form of the agreement. 13. The developer and/or subsequent owner shall assume responsibility for Ongoing PS the continued maintenance of all landscape and common areas. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 188 Conditions of Approval/ 'riming Responsibility Mitigation Mitigation-Monitoring Program /Monitoring Measure GP:Graft Pennk PS:Planning Services BP:Building Perd BS:Building Services Vintage Homes SIP:SUbMion FD:Reoepanmant Inprovemeru Plans PO:Police DeparNrent Vesting Tentative Tract Map FM:Final Map CE:UyEngneer TO:Temlprery WW:Wastewater TTM 20040055 occupancy ca CityAtlomey Fl:Final nspec ion AWWC:Water Comp. FO:Rd Occupancy 14. Obtain approval by the City Engineer of the grading & drainage plan and BP,GP CE the storm drain design&facilities. 15. Submit calculations to support the design of any structures or pipes. BP,GP CE Closed conduits shall be designed to convey the 10-year flow with gravity flow,the 25-year flow with head,and provide safe conveyance for the 100 year overflow. 16. Provide for the detention of the 50 year developed storm runoff, while BP,GP CE metering out the 2 year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. 17. Show the method of dispersal at all pipe outlets. Include specifications for BP,GP CE size&type. 18. Acquire drainage easements where needed. Drainage shall cross lot lines BP,GP CE only where a drainage easement has been provided. 19. Concentrated drainage from off-site areas shall be conveyed across the BP,GP CE project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement can not be obtained the storm water release must follow the exact historic path,rate and velocity as prior to the subdivision. Public Improvements and Maintenance: Atascadero Avenue 20. The applicant must provide for the repair and maintenance of on-site FM CE shared improvements.This includes roads,sidewalks,street trees, streetlights,private sewer system,drainage facilities,recreation areas and common landscaping.The two methods that may be used are: a.Homeowners Association.This private organization would be responsible for the maintenance,repair and replacement of the facilities. b.Assessment District and Landscape and Lighting District.Funds for the maintenance,repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. 21. The City Engineer and City Attorney shall approve the final form prior to recordation. 22. All public improvements shall be constructed in conformance with the City BP,GP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 189 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP Grading Perrnit PS:Planning Services ervices Vintage Homes BR. SSuubddson nd FD:Fire dnnent Improvement Plans PD:Police Department Vesting Tentative Tract Map FM:Final Map CE:City Engineer TTM 2004-0055 Occupancy Temporary WW:Wastewater Occupancy CA:City Attorney FL Final inspection AMWC:Water Comp, F0:Final Occupancy 23. Full frontage improvements are required with this development.These BP,GP CE include curb, gutter, sidewalk and paveout. Public Improvement plans shall be submitted detailing the design. 24. Prior to issuance of building permits,the applicant shall submit a grading BP,GP CE and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS 25. The Public Works Department shall approve all wastewater facilities prior BP,GP WW to construction. This includes pumps,force mains, cleanouts, manholes and connections. 26.-Applicant shall pay sewer extension (annexation)fees upon issuance of BP,GP WW building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. 27. Gravity mains and other sewer facilities within the subdivision shall be BP,GP WW privately owned and maintained. 28. Gravity mains within the subdivision shall be eight(8)inches in diameter. BP,GP WW 29. Gravity main onsite shall end in a manhole. BP,GP WW STANDARD CONDITIONS 30. All public improvements shall be constructed in conformance with the City BP,GP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 31. In the event that the applicant is allowed to bond for the public FM CE improvements required as a condition of this map,the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 32. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 33. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 34. The applicant shall be responsible for the relocation and/or alteration of BP,GP CE existing utilities. 35. The applicant shall install all new utilities (water, gas, electric, cable TV BP,GP CE and telephone) underground. Utilities shall be extended to the property 190 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GR Gredi v Pwrnk PS:Pisnnig Services BP:Buidiv Permit BS:Building Services Vintage Homes SIP:Subdivision FD:FireDodment Vesting Tentative Tract Map FM FFha�ns �Ciy Police f TTM 20040055 TO:7enpmry WW:wastewater Occupancy CAOiyyAtbmey FI:FinWwpection AMWC:WaterConp. F0:Fins!Occupancy line frontage of each lot or its public utility easement. 36. The applicant shall monument all property comers for construction control FM CE and shall promptly replace them if disturbed. 37. The applicant shall acquire title interest in any off-site land that may be FM CE required to allow for the construction of the improvements.The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 38. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 39. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 40. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 41. Prior to recording the tract map,the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein.The map shall be submitted for review and approval by the`City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 42. Prior to recording the tract map,the applicant shall set monuments at all FM CE new property comers.A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map,that corners have been set or shall be by a date specific and that they will be sufficient to enable the survey to be retraced. 43. Prior to recording the tract map, the applicant shall pay all outstanding plan checklinspection fees. 44. Prior to recording the map,the applicant shall complete all improvements FM CE required by these conditions of approval 45. Prior to recording the tract map,the applicant shall have the map reviewed FM CE by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 46. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar(0.4 mil) copy and a blue line print of the recorded 191 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program iMonitoring Measure GP.Grading Permit PS:Planning Services BP:Bubng Pemd BS:Buiding Services Vintage Homes SIP:Subdivision FD:Fireoepadmeni lmpmemntPlars PD`Poke Depar#wnt Vesting Tentative Tract Map FM:Final Map CE:City Engmr TTM 2004-0055 TO:Temporary WW:Westewaler Occupancy CA Cly Momey n:Fara)inspection AMWC:Water Comp. FQ Final Occuparw.y map. 47. Prior to the final inspection of any public improvements,the applicant shall FM CE submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans., 48. Prior to the final inspection,the applicant shall submit a written certification BP,GP CE from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 49. An encroachment permit shall be obtained prior to any work within City BP,GP CE rights of way. 50. Prior to the issuance of building permits the applicant shall submit a BP,GP CE grading and drainage plan prepared by a registered_civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 51. Before the issuance of building permits,the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards(Code of Regulations Title 22, Division 4,Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 52. Before the start of construction on the water system improvements,the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC,the applicant may enter in to a"deferred connection"agreement. 53. Before issuance of building permits,the applicant shall obtain a"Will Serve"letter from AMWC for the newly created lots within the subdivision. 54. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 55. The applicant is responsible for designing and constructing water • system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project: 192 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Buikla g Pend BS:Building Sewas Vintage Homes SIP.,Subdivision FD:FueDeparrrenl Vesting Tentative Tract Map �rFm�ns PD: ginPoliDe eM,ant CE COCity Engineer TTM 20040055 TaTernporary wW:Wasta�r Occupancy CA City Attorney FI:Finalirspection AMWC:Water Comp. F0:Final Occupancy 56. The applicant shall obtain a separate landscape-irrigation meter from AMWC for the common areas within the project. Landscaping for common areas shall be drought-tolerant.The landscaping for common areas shall conform to the mitigation measures noted in Table 11-7, Hydrology and Water Quality,of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping`and in other areas to a minimum. Mitigation Measures Mitigation Measure 1.c.1: Proposed residences shall utilize a darker earth BP PS 1.c.1 toned colors with compatible accent colors throughout the project.The proposed development shall respect the historic nature of the neighborhood by utilizing smooth finish stucco and traditional scaled windows.The shared driveway shall be of a decorative nature to minimize the visual impact of the paved area.The units shall incorporate heavier trim elements and a wrap around porch shall be included on units A, B,E,and F. Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted BP PS 1.d.1 building lighting only.All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare.Fixtures shall be shield cut-off type and compatible with historic setting,subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP BS 3.b.1 all applicable District regulations pertaining to the control of fugitive dust (PM-10)as contained in sections 6.3,6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure(ATCM)for Construction,Grading, Quarrying, and Surface Mining Operations,prior to any grading activities at the site,the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos(NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction,Grading, Quarrying,and Surface Mining Operations. . If NOA is not present,an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre,then the dust control measures identified below are required. If the 193 Conditions of Approval/ liming Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Perrrvt PS:Planning Services BP:Building Permit BS:Budding Services Vintage Homes SIR SubdN'sion FD:FireDepadment mprl Plans PD`Police e°tVestin Tentative Tract Map FM:Friel Map CE City Engineer TTM 20040055 To:Ternporary WW:Wastewater Occupancy CA City Attorney FI:Final inspectpn AMWC:Water Comp. F0:Final Occupancy disturbed area is greater than one acre,additional requirements may include but are not limited to 1)an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins,and 2)an Asbestos Health and Safety Program will also be required for some projects. • Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one(1.0)acre or less unless all of the following dust mitigation measures are initiated at the start and maintained- throughout the duration of the construction or grading activity: (A)Construction vehicle speed at the work site must be limited to fifteen(15)miles per hour or less; (B)Prior to any ground disturbance,sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; • (C)Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D)Storage piles must be kept adequately wetted,treated with a chemical dust suppressant,or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road;and (F)Visible track-out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four(24)hours. Mitioation Measure 4.e.1: The Grading Plan shall identify tree protection GP PS 4.e.1 fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. 194 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP.Grading Permit PS:Planning Services ennus Vintage Homes SIP:Building Pon Frrril Fo:�eia�dment; Vesting Tentative Tract Map FM�� PD:Poke TTM 2004-0055 TO:Tegmmry WW:wastewater OwVaM ca Cay Allm" Fl:Final inspection AMWCWater Comp. F0:Final Ocarparq Mitigation Measure 4.e.2: Grading and excavation and grading work shall GP PS 4.e.2 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4-foot chain link,snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mityation Measure 4.e.3: An arborists report shall be required prior to GP PS 4.e.3 project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning,tree protection of existing native trees to remain,and identify native tree impact/replacement mitigation per the'Atascadero Municipal Code Section 9-11.105. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil,dirt,and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitiaation Measure 6.c.d: A soils report shall be required to be submitted GP _ BS 6.c.d with a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8.e.f: The developer is responsible for ensuring that all BP CE 8.e.f contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices,citations,or stop work orders. 195 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Pemtit PS:Planning Services Vintage Homes BP:Building Permit as:Building services SIP:SebdNl4lDn FD:Fee Department Vesting Tentative Tract Map Improvement Plans PD:Police Department FM:Final Map CE City Engineer TTM 20040055 TO.,Tenpwary WW:Wastevater Occupancy CA City Momey FI:Finalinspection_ AMWC:Water Camp. FO:Final Ocrwpancy Mitigation Measure 11 d: All construction activities shall comply with the Ongoing 5S/Ps 11.d City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m.to 7 p.m.Monday through Friday • 9 a.m.to 6 p.m.Saturday • No construction on Sunday Further,particularly loud noises shall not occur before 8 a.m.on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions,subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. 196 ITEM NUMBER: C- 1 DATE: 02/22/05 isle , xa CAD.F� Atascadero City Council Staff Report- Public_Works Department Via Tortuga and Calle Refugio Request for Road Acceptance RECOMMENDATION Council reject the request to accept the offers of dedication of Via Tortuga and Calle Refugio. DISCUSSION: The original owner of Via Tortuga/Calle Refugio (Tract 1753) has requested that the City Council reconsider accepting the offers.of dedication of the subdivision streets. Background: The Via Tortuga/Calle Refugio Tract is a 23 lot residential subdivision between Atascadero Ave and Coromar Road. The subdivision has two interior streets, Calle Refugio and Via Tortuga. The street right-of-way width is 40 feet with 28 feet from curb to curb for two 1D foot travel lanes and one 8 foot parking lane. The City Council approved the Final Map and rejected the "Offer of Dedication" for the roads in 1997. Listed below is a history of,the Public Process and Approvals the Final Map went through. Tentative Tract Map 14-89 with "Conditions of Approval" was approved by the City Council on February 13, 1990. Tentative Tract Map 14-89 was granted several time extensions by the Planning Commission through the 1990's. City Engineer sent memo to Owner on April 15, 1997 requiring the City Council Statement of the Final Map to state: "The roads will be rejected • Letter from Central Coast Engineering (Owners Engineer) dated April 28, 1997 stating the City Council Statement of the-Final Map has been changed.to "reject the road dedications" and the Owner had signed the Final Map and had his signature notarized. 4* 197 ITEM NUMBER: C- 1 DATE: 02/22/05 • The Owner of the subdivision, Ernest Clark Iverson, signs Final Map with rejection of road`dedication, and has signature notarized, on April 25, 1997 • The Final Map was approved by City Council on June 10, 1997 (see Attachment «B„ In short, the City Council rejection was on the map when Mr. Iverson signed the Final Map and therefore, he was aware at the time the City was not accepting the street. There was also opportunity for public comment and review at the Planning Commission and City Council meetings: Although the issue is clear on the Final Map, the reason there is some level of contention rests in that the original "Conditions of Approvals" of the Tentative Tract Map 14-89 did address the acceptance of the streets as follows: "The new roads shall be constructed to City Standard and shall be accepted into the City maintained mileage after the required one year maintenance period, as determined by the City Engineer." This condition, however, was written before Council had adopted a, policy of not accepting offers of dedication for streets when there is not a funding mechanism in place to, maintain the streets. This policy change occurred between the time the tentative tract map was originally filed and the date the Final Map was approved by the council The reason for the policy change was the City was in a:critical fiscal situation and was making many cost saving decisions. This policy still is in effect today. Streets are not accepted unless there is a specific revenue stream established for improvements. Staff has received a petition from Oak Ridge Homeowners requesting the City Council reconsider and accept the offer of dedication when the roads are brought into a_state of good repair by Mr. Iverson. Even if this were the case,there is still not funding stream for ongoing maintenance. Additionally accepting the road may set a precedent that other neighborhoods could follow which could significantly increase the existing street maintenance backlog. Conclusion: Acceptance of Calle Refugio and Via Tortuga offers of dedication would be inconsistent with Council policy of not accepting new road maintenance liabilities without funding in place. FISCAL IMPACT: None. 198 ITEM NUMBER: C- 1 DATE: 02/22/05 ALTERNATIVES: 1. Accept the offer of dedication when long term maintenance of the road is funded. 2. Accept the offer of dedication when the road is brought into a state of good repair. This would entail a slurry seal of the asphalt surface; minor subsidence repair and curb painting. 3. Accept the offer of dedication. ATTACHMENTS: 1. Tentative Tract Map 1753 2. Final Tract Map 1753 3. Oak Ridge Homeowners Petition 199 :EXHIBIT A CITY OF ATASCADEROTENTATIVE TRACT MAP COMMUNITY DEVELOPMENT TTM 14-89 DEPARTMENT t' 11 t � m If •r O4;.- o L' �� :�t Z •raft I n�^�r� y�; .0 1'i7` ��� iN '� it:•'- t. �� �rn L-(i }Ilam }�` _ 97 ii ,n I S 11,111i z lull to / ^�• � =`�� 2� 2 F0- •TL =w I tar I h ' '.' \ `•..(D 1i i > t D• M fq I p X jt p 'yT 1 �. i n �' f�r•; . . 311► .. ••• � W • = i :T.�``� 1jµ _ ......� ._� i � a l�;i�Iti •.t• -t— 200 aC2a dlao A �ppm S°� w t2, a° = a c� ❑�"�' a2 y sgs' � +7Q abs a-c ., � �mw }ir z a•°° amb` m '� mmnffig .m 3-W .a Hz ti{ m. pp $ vTm � > yam2� qq :4!z � Q��I myay t Wit pill -lit n16 ma lilt � I � ki, Zi Ix Zi �` te$ n Li an ab n -W $vvi o o x` m2A s 1 CS� �m a ij m a oa mit �GZ ® ao•b �$ Y2 n $ ctlpbGm � o d mb.�, m. mmR.Abmno�n� �� aR'g. 0 lima � � "'�ama<m (> �� -.$o�.�b$•'+aa � z� c�•°+o ~ a. a°,°.� - 2oQxx w bm�'�m Q1 - 3 cn �A �im Cep Nn�A=m y a�� aer o ch v.m.ppm _y mb to w _ • '�..... �p• 'an to P a.t�i. ... _ a AfAP 1$ 189 201 IDD 02•M W F .egB,L'I M n,M•w.p ntn '� €C � mar / NIK II/R MMZ'Mr�•� _ gpyN4R��• ��� 4Y. °°� '"■°� ` —J Nn l �p.nae sdpt Its Iapa°o a � N K• IXI , I.. 4-:F 3 { W ) I w x ` 1 uarva~i w 01,24 I _ j:E N �O� R� Oma I �.. 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Naar/en:W arose a aAa _- v `' N, a � ap`Mox a �3 N 2 m V to o v $ al St d � �L$ $ �' ns �.��W "g. � a g Nta•ae'w'E swe \\ `I / z� �"-' ' �x S 3 �� _ eo e•so�iw•wreteo $ if dm aR ..I Rs s•Q —user u w ZKO u is - �• . __ �_ L•M4MM NL7'89. w 1IQM AIM � srLs'fa•e RNu — L D R-D M A R ,CDA V M MIX N Le'I¢'+Y6<IOTg7 M ul MIR. MW NK.R /x4658 1 ..MAP 18 . 1202 rRECFIVED V NOV 2 11118/04 CITY OF ATASCADERO CgY MANAGER'S OFFICE Pleased be advised, the undersigned homeowners have,discussed an agreed with the following information regarding the Oak Ridge Estates subdivision streets of Via Tortuga and Calle Refugio in City of Atascadero, Ca. Further, we.request immediate action to resolve the two primary issues.as stated below. Issues: 1. Road Maintenance Responsibility. 2. Liability Responsibility associated with the two streets. Concerns: The residents of twenty-two properties in the Oak Ridge Estates subdivision ail purchased their homes/lots without knowing the streets of Via Tortuga and Calle Refugio were NOT a part of the City of Atascadero`s road maintenance district. Nothing about this situation was mentioned or.disclosed in any of the real estate transaction paperwork, subdivision/plot maps,titles;.escrows or CC&R's. Mr. Clark Iverson, owner/developer of Oak Ridge Estates, was represented by the real estate firm of Peabody& Plum in the original sale of.the:properties. .Mr. Iverson had worked with the City to-gain acceptance of Via Tortuga and Calle Ref ugio.'into the Atascadero road maintenance-district. Mr. Richard Shannon, a co-.owner of Peabody & Plum, indicated that according to information available at.the time,the City was intending to accept the roads into the maintenance district. Even though the City:agreed in principal to accept responsibility for the streets, it was rejected later with no apparent alternative.plan or direction established. It appears Mr. Iverson and Peabody and Plum were aware of the City's refusal to accept the streets-into the maintenance district. However,,property transactions continued without disclosure of this fact. It has been suggested that an assessment district be established for street maintenance. Steve Kahn, City Engineer,estimated the amount of the assessment would be $634 per year per parcel (23 parcels). All homeowners feel they are already paying a fair share of taxes, which should include the maintenance of the streets. We urge the City of Atascadero to accept the paved and curbed streets of Via Tortuga and Calle Refugio into the City Road Maintenance District as originally proposed by the-developer of Oak Ridge Estates approximately'6 years ago. No road maintenance.has occurred since original construction. In addition, it is our - :understanding that Mr. Iverson and Mr. Shannon have committed to.bring both streets up to City Maintenance Standards prior to City acceptance. 3, 191 203 Respectfully, 'The Residents of Oak Ridge Estates [Via Tortuga, Calle Refugio] Atascadero, CA '93422 OAK RIDGE HOMEOWNERS 9000 Via Tortuga Laurie Tone ato 9005 Kevin./ Andrea Campion % _...- c�,'J 9010 Frank Gallucci 9015 Maureen Brothers 9020 Doug Craghead, Jennifer Monroy 14 �C 9025 Joe / Barbara Coulter 9030 -Larry / Mary,Roberts 9035 Alex /Helga Zanini l r Cd:�::.�,' /�� �.�,'�J�n,., �^ 9045 Mike /Kathryn Burke 9050 Alan /Angela Rayher l .9055 Rita Buhagiar 9065 Ken /June Weaver 9070 .Jim / Susie Larsen 9075 Bob / Loretta Ezzell 9080 Chris /Jean.Mc Kinnon c.k -9.085 Jeff /Sandy Solomon 9090 Brian ! Diane Sanford 7 a� 204 9095 Lew/Amelee Killion �,,,,) Gt�t,l0 � 9805 Calle Refugio Gene/Patty Gray 9855 John /Janice Hurlburt "'vUl 9905 Don /Julianne Collier 9955 Bob/LaVonne Kelley • • 193 205 `ITEM NUMBER: C-2 DATE: 02/22/05 1918 1970 Atascadero City Council Staff Report- City Manager's Office Allemande Lane -Informational Only RECOMMENDATION: Council receive and file this information. DISCUSSION: Allemande Lane Access Issues The City Council directed staff to review the issues associated with the development of Allemande Lane and the associated tree removal issues raised by neighbors at.the December 14, 2004 Council meeting. At that time the trees had already been removed. Essentially Allemande Lane exists as a separate legal parcel owned by Diane Norton. It is not a public access easement or a public way. Several properties enjoy the right to use Allemande Lane for access purposes. However, the property south of Allemande.Lane (subject of this issue) does not enjoy the right of access. An access easement does exist on the southern lots that would provide access paralleling Allemande Lane. There are three lots at the center of this issue on the south side of Allemande Lane. This issue was discussed in the original project staff report. The project had been conditioned that the applicant (Messer) attempt to work out an access agreement with Norton to prevent the tree removals. When the first home was being built (on a lot which has access to Portola Road) Diane Norton first objected to construction traffic using Allemande Lane because it was her private property. The developer was advised, that they needed to avoid the private property and utilize the existing, but unimproved access easement for the southern properties in order to develop. The developer was advised again to work out an access relationship with Ms. Norton. The second home was constructed with access;in the twelve foot easement used by " the first home for access as they were unable to work out access rights to Allemande Lane. This meant that both access ways were adjacent to one another making 20 (more or less) of pavement but having a legal dividing line where properties did not enjoy the right of access to the full street. When the final house was being constructed it triggered the Uniform Fire Code requirement for access which would mean a twenty 206 ITEM NUMBER: C-2 DATE: 02/22105 foot drive (sixteen feet of pavement and two foot shoulders). Since common access could not be worked out between the property owners development necessitated the removal of several pinetrees and the widening of the ,new access way south of Allemande Lane. City staff attempted to work with the; property owners to negotiate a common access easement but was.unsuccessful. While the necessary access width existed in terms of improvements, there was a legal barrier, the property line, which_prohibited the use of the entire street section. The property owner threatened to fence the property line which would have left the new properties with insufficient legal access. The project proceeded with the existing easement adjacent to Allemande Lane which was permissible. Many difficult development areas exist within the City so it is unknown whether these circumstances could repeat themselves. Staff works with developers and neighbors to try to limit grading, tree impacts and pavement. Staff does not propose any process modifications to correct this issue. 207 ITEM NUMBER: C-3 DATE: 02/22/05 (ADS Atascadero City Council Staff Report-Public Works Department 2005Community Development Block Grant Allocation RECOMMENDATION: Council direct staff to forward allocation recommendations for the 2005 Community Development Block Grant (CDBG)funds to the County Board of Supervisors as follows: Ilium Atascadero Redevelopment Agency— Fa ade Improvement Program 50,000 City of Atascadero— Pedestrian/ADA Improvements 228,492 City of Atascadero Handicap Restroom at Atascadero Lake Park 148,965 Loaves and Fishes Replacement Air Conditioner for Food Bank 7,040 North CountyWomen's Resource Center/Shelter— Flooring 2,200 Big Brothers Big Sisters Mentor Pro ram 3,000 CASA— Support Services for At Risk Youth 2,000- Community Services Foundation —Youth Activity Scholarshi -Fund 79500 EI Camino Homeless Organization'— Intake Worker 15,000 E.O.C. Forty Wonderful Program — Health Screening 1,500 E.O.C. -Senior Health Screening 2,000 E.O.C.—Teen Academic Parenting 1,500 Loaves and Fishes Groceries 5,000 La Clinica de Tolsa Dental Care 2,500 Senior Volunteer Services —Caring Callers 1,000 City of Atascadero-Code Enforcement 50,000 Hotline of San Luis Obispo County—Application to PUC#ort-1-1 1,000 Interchange City Program Administration Costs 45,138 208 ITEM NUMBER: C-3 DATE: 02/22/05 DISCUSSION: Background: Preparation of the 2005 CDBG Consolidated Plan began in the fall of 2004. Workshops were held throughout the County to solicit public comment on community needs. The 'County published a request for CDBG proposals. The City received 20 applications for CDBG funds totaling $662,678. The,City has available an estimated $213,195 in 2005 CDBG funds and $360,640 in prior year reallocations for a total of $573,835. CDBG funds are available for,community development activities, which meet at least one of the three national objectives: 1. A benefit to low and moderate-income persons; 2. Aid in the prevention or elimination of blight; 3. Address urgent needs that pose a serious and immediate threat to the health or welfare of the community. In order fora program to qualify under the low and moderate income objective, at least 51% of the persons benefiting from the project or program must earn no more than 80% of the area median. Additionally, at least 70% of the CDBG funds must be spent toward this objective. The following criteria should also be used to guide selection of CDBG programs: 1. The proposal is consistent;with the national objectives and eligibility criteria of the HUD CDBG program; 2. The proposal is consistent with the Urban County Consolidated Plan; 3. The proposal is consistent with the General Plan and other City.codes/ordinances. 4. The proposal will achieve multiple community development objectives; 5. The proposal can be implemented in a timely manner, without significant environmental, policy, procedural, legal, or fiscal obstacles to overcome; and 6. The project is not financially feasible without CDBG funding. 209 ITEM NUMBER: C-3 DATE: 02/22/05 Summar The following is a summary by category of each application received: PUBLIC FACILITIES " Atascadero Redevelopment Agency--Facade Improvement Program Funds Requested: $60,000 Recommended Funding: $ 50,000 The Fagade Improvement Rebate Program is intended to improve the appearance of commercial buildings located within the Community Redevelopment Project Area through the use of rebates for costs associated with improvements to building exteriors. Each participating property is eligible to receive a maximum rebate of up to ten thousand ($10,000) dollars, and the Agency will provide the services of an Architect to each applicant to assist in project development. City of Atascadero Pedestrian/ADA Improvements Funds Requested: $300,000 Recommended Funding: $228,492 This project provides for the construction of sidewalks and wheelchair ramps along EI Camino Real and in the downtown area. City of Atascadero ADA Improvements —Atascadero Lake Park restroom Funds Requested: $150,000 Recommended Funding: $148,965 This project is the demolition and reconstruction of the restrooms at Atascadero Lake Park. The new restrooms will meet ADA regulations. Loaves and Fishes— Replacement Air Conditioner for Atascadero food Bank Funds Requested: $7,040 Recommended Funding: $7,040 This project provides for the replacement of the air conditioning system at the Atascadero Food Bank. North County Women's Resource Center—flooring Funds Requested: $2,200 Recommended Funding: $2,200 North County Women's Resource Center provides assistance to women and children who are victims of domestic violence. Approximately 95% of their clients meet the low to very low-income criteria. The proposed project would fund replacement flooring for the Atascadero Shelter. 210 ITEM NUMBER: C-3 DATE: 02/22/05 PUBLIC SERVICES Big Brothers/Big Sisters — Mentoring Program Funds Requested: $7,800 Recommended Funding: $3,000 This organization is requesting funding to be used for Empowerment Training for at-risk children and their guardians and for volunteer training for Big Brothers and Big Sisters. CASA—Advocates for Foster Teens Funds Requested: $2,000 Recommended Funding: $2,000 The CASA program recruits, screen, trains and supervises volunteers who become sworn officers of the court to represent the best interests of children under jurisdiction of the court. Community Services Foundation Youth Activity Scholarship Fund Funds Requested: $7,500 Recommended Funding: $7,500 The Community Services Foundation has established a scholarship fund to assist families of low-income youth to participate in recreational and social activities. Because this program is limited to low-income youth, the benefit criteria will be met. El Camino Homeless Organization — Intake Workers and Operating Expenses Funds Requested: $15,000 Recommended Funding: $15,000 ECHO operates a facility to provide meals for the homeless. They provide space for clients to meet with counselors, housing specialists, medical personnel and volunteers. Economic Opportunity Commission- Forty Wonderful Program Funds Requested: $2,500 Recommended Funding: $1,500 E.O.C. is requesting funding from all agencies for the "Forty Wonderful Program" which is designed to improve access to medical services, early detection and intervention of chronic diseases and reduce mortality for low-income women age 40 and older. Economic Opportunity Commission- Senior Health Screening Funds Requested: $2,500 Recommended Funding: $2,000 E.O.C. is also requesting funds from all agencies to support the Senior Health Screening program. Funds would cover testing and expenses. 211 ITEM NUMBER: C-3 DATE: 02/22/05 Economic Opportunity Commission—Teen Parenting Program Funds Requested: $2,500 Recommended Funding: $1,500 The Teen Parenting Program ensures that pregnant and parenting teens receive health and education support. Loaves and Fishes - Groceries for Needv Families Funds Requested: $5,000 Recommended Funding: $5,000 Loaves and Fishes operate an emergency food pantry for very low and low-income residents. They are requesting funds to purchase groceries. La Clinica de Tolosa— Denistry for Children Funds Requested: $3,000 RecommendedFunding: $2,500 La Clinica de Tolsa operates a not-for-profit dental clinic in Paso Robles. According to their application, the Clinic has provided 5880 visits to 2251 children in the past year, 334 of these visits were Atascadero Residents. Senior Volunteer Services - Caring Callers Funds Requested: $1,500 Recommended Funding: $1,000 Senior Volunteer Services is requesting funding to be used as operating funds to support their in-home visiting program, Caring Callers. CODE ENFORCEMENT City of Atascadero—:Code Enforcement Funds Requested: $50,000 Recommended Funding: $50,000 This program would provide code enforcement services for low income, deteriorated and redevelopment areas where addressing the violations could be expected to arrest the decline of the area. PLANNING AND CAPACITY BUILDING Hotline of San Luis Obispo County- Application to PUC for 2-1-1 Funds Requested: $1,000 Recommended Funding: $1,000 Hotline is requesting funds to hire a consultant to submit an application to the PUC for a 2-1-1 telephone interchange designation for San Luis Obispo County. 212 ITEM NUMBER: C-3 DATE: 02/22/05 Hotline states that the implementation of the 2-1-1 system will provide many resources such as Physical and Mental Health information, homeless services referrals and crisis referrals. It is anticipated that the 2-1-1 system will relieve the 911 system of many non-emergency calls. NOT RECOMMENDED FOR FUNDING THIS YEAR Literacy Council -Atascadero Program Funds Requested $3,000 Recommended Funding: Not recommended for funding this cycle This organization is requesting funds to recruit and prepare volunteers as tutors, Cuesta College-Small Business Development Center Funds Requested: $5,000 Recommended Funding: Not recommended for funding this cycle Funds are requested to provide business consulting for existing and start-up businesses for low to middle income residents and business owners in San Luis Obispo County. FISCAL IMPACT: Available funds are estimated at $213,195 for the 2005 cycle. In addition, prior year unspent funds in the amount of $360,640 are recommended for reallocation. ALTERNATIVES: Council may modify the,grant recommendations indicated. However, awards must meet program requirements, providing a minimum of 70% of funding for benefit to low and moderate-income persons, and no more than 15 can be allocated to the public service category. 213 ITEM NUMBER: C-4 DATE: 02/22/05 • u isisf e Atascadero City Council Staff Report- Community DevelopmentDepartment 35 - Foot Creek Setback Reconsideration RECOMMENDATION: Council extend interim creek setback until a creek setback Ordinance is adopted. DISCUSSION: The City of Atascadero adopted the 2025 General Plan' in July 2002. Following adoption of the General Plan the Environmental Center of San Luis Obispo (ECOSLO) filed a lawsuit against the General Plan. Following a period of negotiations an agreement was entered into between'ECOSLO and the City of Atascadero to settle the lawsuit. One of the actions that the City agreed to included amending portions of the Land'Use Element of the General Plan. The change, affects development of parcels located along Atascadero'Creek and Graves Creek. During the General Plan update an interim 20-foot setback was created along Atascadero Creek and Graves Creek to prevent development from encroaching on the riparian areas and flood ways. The setback is measured from the edge of the creek reservation parcel The increase of the .creek setback to 35-feet may affect design of smaller parcels along the creek but an exception process with a Conditional Use Permit is available to relieve hardships. The General Plan changes were implemented in 2004. The interim creek setback was put in place for a one year period and will expire March 1, 2005. The City Council directed staff to return this item to the Council agenda for possible extension. FISCAL IMPACT The extension would not have a fiscal impact on the City. 214 • ALTERNATIVES 1. The Council elect to allow the interim 35 foot restriction to lapse in which case there would be a 20 foot restriction. ATTACHMENTS: Attachment 1 Draft Resolution of Approval 215 Attachment 2: Draft Resolution DRAFT RESOLUTION A A RESOLUTION OF THE ATASCADERO CITY COUNCIL EXTINGUISHING THE SUNSET DATE FOR A 35-FOOT CREEK SETBACK REQUIREMENT ALONG ATASCADERO CREEK AND GRAVES CREEK (GENERAL PLAN POLICY LOC 8.2.2.) WHEREAS, the Atascadero City Council, approved General Plan Amendment 2003- 0007 at a duly noticed Public Hearing held on Tuesday, March 9, 2004, and, WHEREAS, the General Plan Amendment 2003-0007 amended Policy LOC 8.2.2. by establishing a 35-foot setback along the reservation boundaries of Atascadero Creek and Graves Creek with a sunset date of March 1, 2005, and, WHEREAS, the City Council has agendized the issue for aregular meeting on February 22, 2005 to consider elimination of the sunset date, and, NOW, THEREFORE, the City Council takes the following actions: The Atascadero City Council, in a regular session assembled on February 22, 2005,resolved to eliminate the sunset date from General Plan Policy LOC 8.2.2.: 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 10 APPROVED AS TO FORM: Patrick L.Enright, City Attorney 216 Exhibit B: LOC Policy 8.2.2,Page 11-33 Policy 8.2: Establish and maintain setbacks and development standards for creek side development. Program. 1. Adopt and maintain a creek setback ordinance that will establish building setbacks and development standards along the banks ofAtascadero Creek, Graves Creek, blue-lin e creeks and the.S.alin.as.&Y.er to ensure the uninterrupted natural flow of the streams and protection of the riparian ecosystem with flexible standards for the downtown area. Responsibility: ,Planning Commission,City Council Timeframe: Adopt Ordinance in 2=2005. 2. Prior to adoption of a creek setback ordinance an interim 2035-foot creek setback shall be in effect along Atascadero C4&@.k,Creek and Graves Creek 290x.aad-allAll other7.5 min U5! w,quadrangle blue line creeks shall have an interim 20-foot setback. The interim setbacks shall be subject to the following:as fellgw a) On Atascadero Creek and Graves Creek setbacks shall be measured from the edge of the creek reservation. b) All other blue-line creek setbacks shall be measured from ordinary high water mark. 217