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
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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■ 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.
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■ 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
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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
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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?
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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
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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
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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.
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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
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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,
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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'
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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.
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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
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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).
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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-
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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
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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
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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
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i
i
C
95
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-- 96
Structure & Tree
Locations
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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
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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
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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
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12116/04 ZCH 2004-0086.Atascadero Ave.ISMND.coc
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CITY OF ATASCADFR®
INITIAL STUDY
Attachment 2
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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
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~ 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
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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
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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
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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
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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
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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
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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.
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Conditions of Approval/ riming Responsibility Mitigation
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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
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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
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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
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..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.
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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.
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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.
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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.
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•
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
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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
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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