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HomeMy WebLinkAboutAgenda Packet 11/13/2001 e,re., AGENDA 1-101V - . e ` CA ' iD� ATASCADERO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4th Floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a.) Conference with legal counsel - Pending litigation(Govt. Code Sec. 54956.9) Diamond v City of Atascadero 3. Adjourn 4. CLOSED SESSION REPORT REGULAR SESSION, 7:00 P.M.: PLEDGE OF ALLEGIANCE: Council Member Clay ROLL CALL: Mayor Arrambide Mayor Pro Tem Scalise Council Member Clay Council Member Johnson Council Member Luna APPROVAL OF AGENDA: Roll Call 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.) 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: Roll Call (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 Minutes—October 23, 2001 ■ City Clerk recommendation: Council approve the City Council minutes of October 23, 2001. [City Clerk] 2. City Treasurer's Agenda Report- September 2001 ■ City Treasurer recommendation: Council review and accept the September 2001 Treasurer's Report. [City Treasurer] 3. Annual Disadvantaged Business Enterprise Goal ■ Fiscal Impact: Staff time to monitor DBE Program. ■ Staff recommendation: Council adopt annual Disadvantaged Business Enterprise (DBE)participation goal. [Public Works] 2 4. El Camino Real Rehabilitation Project- Bid No. 99-08 ■ Fiscal Impact: S480,414.81 ■ Staff recommendation: Council: 1. Accept R. Burke Corporation's work as complete; and 2. Authorize the Contract Change Order No. 1 with R. Burke Corporation for S20,396 10; and 3. Authorize the Finance Director to release the project retention of $20,396.10. [Public Works] 5. Zone Change 2001-0016 - Planned Development 16 Overlay District - Code Text Amendment and Official Zoning Map Amendment - 5725 Portola Road (Messer / Vaughan Surveys) ■ Fiscal Impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. ■ Staff recommendation: Council: 1. Adopt on second reading by title only, the draft Ordinance approving Zone Change 2001-0016 amending the City's Municipal Code to create a new Planned Development 16 Overlay District; and, 2. Adopt on second reading by title only, the draft Ordinance approving Zone Change 2001-0016 amending the City's Official Zoning Map to add a PD 16 overlay district to APN O54-022-033. [Community Development] • B. PUBLIC HEARINGS: 1. Shores/Davis Cluster Residential Subdivision Amendment - Amendment of Planned Development 15 with a 44-lot Tract Map - Zone Change 2001-0015 - Master Plan of Development (CUP) 2001-0040 - Tentative Tract Map 98013 - 3900 Traffic Way (Shores /Tarr) ■ Fiscal Impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. ■ Planning Commission recommendations: Council: 1. Adopt Draft Resolution "A", re-certifying the previously approved Mitigated Negative Declaration 99029; and, 2. Introduce for first reading by title only, an ordinance amending the Official Zoning Map consistent with Zone Change 2001-0015; and, 3. Adopt Draft Resolution "B", approving the amendment of the Master Plan of Development for PD-15 (CUP 2001-0040) subject to Conditions of Approval and Exhibits; and, 4. Adopt Draft Resolution "C", approving amendment of Tentative. Tract Map 98013 subject to Conditions of Approval and Exhibits. [Community Development] 2. Appeal of Tentative Parcel Map 2001-0018 - Conditions 10 and 11 - 2000 Ferrocarril Road (Gearhart/Wilson Land Surveys) C. MANAGEMENT REPORTS: 1. Parks and Recreation Commission Youth Representative - Proposed Revisions to the Age Requirements ■ Fiscal Impact: None ■ Staff recommendation: Council adopt the draft Resolution revising the age requirements for the Parks and Recreation Commission Student Representative. [Community Services] 2. Information Bulletin a. Energy Conservation b. Chamber's Activities and Programs - July through September 2001 D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary.): Mayor Arrambide • 1. S.L.O. Council of Governments(SLOCOG)/S.L.O. Regional Transit Authority(SLORTA) 2. Water Committees 3. County Mayor's Round Table Mavor Pro Tem Scalise 1. Finance Committee 2. City/ Schools Committee 3. Economic Opportunity Commission(EOC) 4. Atascadero State Hospital Advisory Board 5. Economic Vitality Corporation, Board of Directors (EVC) Council Member Luna 1. Finance Committee 2. Integrated Waste Management Authority(IWMA) 3. North County Homeless Coalition Council Member Johnson 1. Local Agency Formation Commissions (LAFCO) Council Member Clay 1. Air Pollution Control District(APCD) 2. City/ Schools Committee 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. I, Marcia McClure Torgerson, the City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the November 13, 2001 Regular Session of the Atascadero City Council was posted on November 6, 2001 at Atascadero City Hall, 6500 Palma Ave., Atascadero, CA 93422 and was available for public review in the City Clerk's office at that location. • Signed this 6`" day of November, 2001 at Atascadero, California. &A* 0-ablix- V21Vk1--- Marcia McClure Torgerson, City Cle City of Atascadero • 5 City of Atascadero WELCOME TO THE A TASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the Council Chamber of City Hall. 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(Room 311) available for public inspection during City Hall business hours. 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. 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, (805) 461-5010, or the City Clerk's Office, (805)461-5074. 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 • All comments limited to 5 minutes(unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. 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 • 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 ten 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. ITEM NUMBER: A- 1 DATE: 11/13/2001 imows Nns. 19181 a DRAFT MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY, OCTOBER 23, 2001 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: 1) Conference with legal counsel - Pending litigation (Govt. Code Sec. 54956.9) Name of Case: Kimberly &Adam Miramon v. Home Depot USA (The federal court case number is not available.) 2) Conference with legal counsel - Existing litigation (Govt. Code Sec. 54956.9(a)) iName of Case: Diamond v City of Atascadero City Attorney Roy Hanley announced there was no reportable action taken. REGULAR SESSION, 7:00 P.M.: Mayor Arrambide called the meeting to order at 7:14 p.m. and Mayor Pro Tem Scalise led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide. Absent: None Others Present: City Clerk Marcia McClure Torgerson and Treasurer David Graham Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Planning Services Manager Warren Frace, Community Services Manager Geoff English, Technology Director Andrew Fruin, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. CC 10/23/01 Pagel 001 ITEM NUMBER: A- 1 DATE: 11/13/2001 APPROVAL OF AGENDA: MOTION: BY Council Member Luna and seconded by Council Member Clay to approve the Agenda. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation declaring November 4-10, 2001, "Animal Shelter Appreciation Week." Mayor Arrambide read the proclamation and presented it to Alicia Morin, representative of the North County Humane Society. Alicia Morin thanked the Council for this recognition. She introduced Daphne Fahsing, founder of the North County Humane Society and Action for Animal Rights. Ms. Morin announced that the week of November 4 through 10 would be celebrated county wide through the San Luis Obispo County Animal Coalition. On November 4`" there will be open houses at,four shelters in the County from noon until 4:00 p.m. and the public are invited to attend. COMMUNITY FORUM: Daphne Fahsing, asked the Council if she could go over the City Animal Control Ordinance with a City staff member in order to make recommendations for updating that ordinance. Amy Woodard, asked if city maintained streets or non-city maintained streets would be included in the downtown assessment district. Bob Kirk, advocate for the disabled, stated his concerns with the County system and spoke of the Grand Jury investigation of the Department of Social Services last year. He encouraged anyone with information or concerns regarding the DSS to go to the current Grand Jury, which is also looking into this issue. Doug Millar, expressed his opposition to the building of a school next to the Atascadero State Hospital and his concerns with violence against children. Bob Kirk, told the Council the children Mr. Millar spoke of were residents of the City of Atascadero in foster care for a short period of time. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Arrambide thanked Marcia, Barbara and Cheryl in the City Manager's office for their "heroic efforts" in getting the Council on bicycles during the Colony Days Parade. i CC 10/23/01 Page 2 002 ITEM NUMBER: A- 1 DATE: 11/13/2001 • Mayor Arrambide asked for an update on the fee study report. Assistant City Manager Brady Cherry stated that for the past few months the City has been working on information for the facilities master plan, upon which the development impact fees will be based. Because of the delay in the General Plan Update approval, they will be using information from the current General Plan and then will update the fee study report once the Update is passed. It will take a couple of months before the report is wrapped up. Council Member Luna asked if the City is monitoring the clean up of the creek behind Action Towing. Planning Services Manager Frace stated that it is an active code enforcement case and the property owner has been notified that vehicles and other debris need to be removed from the creek and pulled back from the creek bank so other items do not fall into the creek in the future. The City will continue to monitor the situation to ensure that the property owner is in compliance before the rainy season. A. CONSENT CALENDAR: 1. City Council Minutes— September 25, 2001 ■ City Clerk recommendation: Council approve the City Council minutes of September 25, 2001. [City Clerk] 2. City Council Minutes—October 9, 2001 ■ City Clerk recommendation: Council approve the City Council minutes of October 9, • 2001. [City Clerk] 3. September 2001 - Accounts Payable and Payroll ■ Fiscal Impact: $921,883.84 ■ Staff recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for September 2001. [Administrative Services] 4. Trench Cut Ordinance ■ Fiscal Impact: Trench Repair Program - There will be some administration costs in setting up the program. Once the program is set up the parties requesting the Trench Cut would pay for all costs. ■ Staff recommendations: Council introduce for second reading by title only, and adopt the draft Ordinance amending Title 7, Public Works, Chapter 15, Encroachments on Public Property, of the Atascadero Municipal Code by adding Article 15, Trench Cuts. [Public Works] 5. Traffic Signal Interconnect Design/Traffic Signal Synchronization Project ■ FiscalImpact: $36,405.00 ■ Staff recommendation: Council authorize the City Manager to execute an agreement with Omni Means, Ltd. to design the Traffic Signal Interconnect and Traffic Signal Synchronization with a maximum design expenditure of$36,405.00. [Public Works] • CC 10/23/01 Page 3 003 ITEM NUMBER: A- 1 DATE: 11/13/2001 6. 2001 Local Law Enforcement Block Grants Program ■ Fiscal Impact: None • ■ Staff recommendation: Council authorize 2001 Local Law Enforcement Block Grant funds be allocated for the purchase of specialized police equipment. [Police] Mayor Arrambide announced that Item#A-4 will be continued to a future date. Council Member Luna asked that Item#A-3 be pulled. Council Member Clay asked that Item#A-5 be pulled. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Consent Calendar Items #A-1,2 and 6. Motion passed 5:0 by a roll-call vote. ITEM #A-3: Council Member Luna referred to page 43, Pacific Gas & Electric figures, and requested feedback at a future meeting on how the City did on saving energy, especially over the summer months. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Consent Calendar Item #A-3. Motion passed 5:0 by a roll-call vote. ITEM #A-5: Council Member Clay inquired how the Highway 41 intersection would work. Public Works Director Steve Kahn stated that when the City does a single interconnect project, they always coordinate with Cal Trans. The signals will be coordinated up and down El Camino Real and will tie in with the signal at Highway 41/El Camino Real; they will all be triggered off of this signal. MOTION: By Council Member Clay and seconded by Council Member Johnson to approve Consent Calendar Item 4A-5. Motion passed 5:0 by a roll-call vote. (Contract No. 2001-042) B. PUBLIC HEARINGS: 1. Zone Change 2001-0016, Conditional Use Permit 2001-0046, Tentative, Parcel Map 2001-0019 (AT 01-195) - 5725 Portola Road (Messer/Vaughan Surveys) • Fiscal Impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. • Staff recommendation: 1. Council reject, without prejudice, a 25 foot easement for public road purposes. • Planning Commission recommendations; Council: 2. Adopt the Draft Resolution certifying proposed Negative Declaration 2001-0028; and, 3. Introduce for first reading by title only, the draft Ordinance approving Zone Change 2001-0016 amending the City's Municipal Code to create a new Planned Development 16 Overlay District; and, CC 10/23/01 Page 4 004 ITEM NUMBER: A- 1 DATE: 11/13/2001 • 4. Introduce for first reading by title only, the draft Ordinance approving Zone Change 2001-0016 amending the City's Official Zoning Map to add a PD 16 overlay district to APN 054-022-033; and, S. Adopt the Draft Resolution approving the Master Plan of Development for the proposed PD-16 (CUP 2001-0046) subject to findings and conditions of approval; and, 6. Adopt the Draft Resolution approving Tentative Parcel Map 2001-0019 subject to findings and conditions of approval. [Community Development] Planning Services Manager Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Ursula Luna, Atascadero, asked for clarification on the calculation of the lot sizes and its future effect on future subdivisions. Cindy Sajer, Allemonde Lane, expressed her opposition to this subdivision. Mayor Arrambide closed the Public Comment period Council Member Luna stated he couldn't support this project because in Condition #3 it states • the Planning Commission has the final authority to approve changes; he feels this is a fatal error. MOTION: By Council Member Johnson and seconded by Mayor Pro Tem Scalise to reject without prejudice, a 25-foot easement for public road purposes. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Johnson and seconded by Council Member Clay to adopt the Draft Resolution certifying proposed Negative Declaration 2001-0028. Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-038) MOTION: By Council Member Johnson and seconded by Mayor Pro Tem Scalise to introduce an ordinance for first reading to approve Zone Change 2001-0016 amending the City's Municipal Code to create a new Planned Development 16 Overlay District with the following amendment: • Page 88, Exhibit A: Addition of Item 71 The entire Planned Development density shall be used to calculate general neighborhood character of future subdivisions in the vicinity. Motion passed 4:1 by a roll-call vote. (Luna opposed) • CC 10/23/01 Page 5 005 ITEM NUMBER: A- 1 DATE: 11/13/2001 MOTION: By Council Member Johnson and seconded by Council Member Clay • to introduce an ordinance for first reading to approve Zone Change 2001-0016 amending the City's Official Zoning Map to add a PD 16 overlay district to APN 054-022-033. Motion passed 4:1 by a roll-call vote. (Luna opposed) MOTION: By Council Member Johnson and seconded by Mayor Pro Tem Scalise to adopt the Draft Resolution approving the Master Plan of Development for the proposed PD-16 (CUP 2001-0046) subject to findings and conditions of approval with the following amendment: • Page 94, SECTION 1., Findings: Addition of Finding 6. Identify the open space areas for the public benefit. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Resolution No. 2001-039) MOTION: By Council Member Johnson and seconded by Mayor Pro Tem Scalise to adopt the Draft Resolution approving Tentative Parcel Map 2001-0019 subject to findings and conditions of approval with the following amendments: • Page 100, Section 1., Findings: Addition of Finding ) In order to assure orderly development, improvement plans shall be reauired prior to final map. • Page 104, Conditions of Approval: 12. All public improvements shall be constructed or bonded for in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as diced a p by the City Engineer ri r to final map. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Resolution No. 2001-040) C. MANAGEMENT REPORTS: 1. Storm Drain Construction and Easement Acceptance - APN 4028-361-002 (Garrison) ■ Fiscal Impact: S14,206.00 ■ Staff recommendation: Council: 1. Approve payment of S14,206.00 to Wilson Excavating and Grading for the removal and relocation of a storm drain; and 2. Accept the "Offer to Dedicate" a storm drain easement over the new storm drain. [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of Council. PUBLIC COMMENT: None s CC 10/23/01 Page 6 006 ITEM NUMBER: A- 1 DATE: 11/13/2001 MOTION: By Council Member Johnson and seconded by Mayor Pro Tem tScalise to approve payment of 514,206.00 to Wilson Excavating and Grading for the removal and relocation of a storm drain, and accept the "Offer to Dedicate" a storm drain easement over the new storm drain. Motion passed 5:0 by a roll-call vote. 2. Draft Atascadero Lake Park Master Plan ■ Fiscal Impact: Adoption of this draft will have no immediate fiscal impact. The estimated construction costs to complete the entire plan is 2.8 million dollars. The estimated annual maintenance and operational costs if the entire plan is constructed is $52,000.00 per year. ■ Staff recommendation: Council approve the draft Resolution adopting the Atascadero Lake Park Master Plan. [Community Services] Assistant City Manager Brady Cherry gave the staff report and introduced Casey Anderson, consultant of CJP Productions. Casey Anderson, CJP Projections explained in detail the proposed Master Plan. Community Services Manager Geoff English explained the projected costs involved in implementing the Lake Master Plan. • All the presenters answered questions of the Council. PUBLIC COMMENT Daphne Fahsing, stated she supports this Master Plan and commends the Parks & Recreation Commission on their listening to the public. Joan O'Keefe, 9985 Old Morro Road East, suggested improvements to the dog waste facilities around the Lake. She also asked if the City owns any property on the residential side of Lakeview, and if it does, are there any plans for that property. Mrs. O'Keefe questioned where the City was with deferred maintenance, and how much remains to be done. Ursula Luna, Atascadero, asked where the storage yard would be located. Mayor Arrambide closed the Public Comment period. Council Member Clay stated that he liked the entire Lake Plan and commended the staff for doing an outstanding job. He requested consensus that operating costs would come forward at budget time each year so that Council could deal with it. Council Member Johnson underscored that as the operating costs come forward, they must be • looked at as well as resources for the ongoing costs. CC 10/23/01 Page 7 _ 007 ITEM NUMBER: A- 1 DATE: 11/13/2001 MOTION: By Council Member Luna and seconded by Council Member Clay to • approve the Draft Resolution adopting the Atascadero Lake Park Master Plan. Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-041) D. COMMITTEE REPORTS: Mayor Arrambide 1. Water Committees: North County Water Purveyors group hosted an attorney and his client who represent the upper Salinas Valley. Major areas of contention regarding water rights were discussed. 2. County Mayor's Round Table: City of Atascadero hosted the meeting at the Lake Pavilion. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Arrambide asked for a representative from the Council to attend a fundraising event to benefit the Women's Shelter and the Paso Robles Youth Foundation. Mayor Pro Tem Scalise volunteered. Council Member Luna stated that Senator O'Connell asked him to thank the Council for his Atascadero shirt and for their kind and humorous comments. Council Member Johnson commented on the redistricting process. City Manager Mr. McKinney explained to the Council the steps management is taking to insure safety in the workplace as a result of the recent terrorist attacks. F. ADJOURNMENT: Mayor Arrambide adjourned the meeting at 10:00 p.m. to the next regularly scheduled meeting on November 13, 2001. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk CC 10/23/01 Page 8 _ QQ ®007 ITEM NUMBER: A-2 _ DATE: 11/13/2001 1979 Atascadero City Council David G. Graham, EA City Treasurers Agenda Report RECOMMENDATION: City Treasurer recommends the City Council approve the City Treasurers reports for the following periods: September 2001 DISCUSSION: Massive mortgage refinancing is having the effect of holding current CD yields at 75 basis points above equivalent Agency yields. On October 31 the two-year Treasury yield was 2.379 %. • Market conditions: The question in everyone's mind is, "How long will the current economic downturn last and, will it be V shaped (deep but short) or U shaped (perhaps not as deep but more prolonged)?" Economists appear to be evenly divided on the issue, and most economists are avoiding what could very easily become self-fulfilling prophecies. Current prognostications range from a second quarter of 2002 economic resurgence to an economy that won't rebound until the 2nd or 3rd quarter of 2003. Fed Chairman Greenspan is touting the "wealth factor" to keep consumer spending strong and ease the effects of weak corporate earnings; but he also acknowledges that, "...each and every economic recession is unique,... " The question Greenspan keeps asking is whether or not there has been a fundamental shift in the US economy caused, at least in part, by some degree of market saturation in the high tech and communications industries. A broad range of economists are predicting that the FOMC will again reduce the Federal Funds rate by 25 to 50 basis points at their meeting on November 7th. Investment Strategy: The continuing decline in bond yields calls for a defensive investment strategy. LAIFs mix of long and short-term maturities continue to be the preferred investment for short and medium term funds. For long-term funds it will be important to restrain maturities to coincide with any anticipated tightening by the Federal Reserve, which could occur in from 22 to 34 months. Assuming that we are near the bottom of the Federal Funds rate cuts, as portfolio maturities is occur, LAIF, or equivalent fully FDIC insured CDs, and A-1 commercial paper, will offer optimum yields and flexibility as rates begin to rise. Corporate yields can be expected to lead the market when the economic turn around does occur. With the broad decline in corporate earnings, commercial paper will require careful selection and constant monitoring. 010 City Treasurer's Report September 2001 David Graham REPORT IN BRIEF: Cash and Investments Checking $ 673,394 Money Market Accounts 5,267 Certificates of Deposit 2,899,032 Government Securities 1,493,265 Corporate Paper - LAIF 12,439,789 Cash with Fiscal Agents 142,481 Cash in Banks at September 30,2001 $ 17,653,228 Deposits in Transit - Outstanding Checks (392,881) Cash and Investments at September 30,2001 $ 17,260,347 Investment Activity Securities Purchased: • Purchase Date Description Type Cost Maturity Date 09/07/01 Canandaigua Nat'l Bank CD $ 94,908.80 09/09/03 09/12/01 Patriot Bank CD 99,000.00 09/12/03 09/12/01 First Gaston Bank of NC CD 99,000.00 09/12/03 09/14/01 United Midwest Savings CD 99,000.00 11/14/02 09/14/01 Community Bank&Trust CD 99,000.00 09/15/03 09/14/01 Liberty Bank CD CD 95,000.00 09/19/02 09/16/01 National Republic Bank CD 95,000.00 09/16/02 09/17/01 Midwest Bank of McHenry CD 95,000.00 09/17/02 09/20/01 First Business Bank CD 95,000.00 09/14/04 09/20/01 Advanta Bank CD 95,000.00 09/20/04 09/22/01 Federal Home Loan Bank Gov't Security 250,234.50 03/26/04 Securities Matured: None Securities Sold/Called Prior to Maturity: Transaction/ Original Cost/ Gain/(Loss) Transaction Date Description/Type Maturity Call Price on Call Sold Liberty Bank $ 95,000.00 $ 95,000.00 $ - 9/20/2001 Certificate of Deposit 9/19/2002 e Other Reportable Activities: None Page 1 of 9 O i l CITY OF ATASCADERO TREASURER'S REPORT • CASH&INVESTMENTS ACTIVITYSUMMARY FOR THE MONTH OF SEPTEMBER 2001 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at September 1, 2001 $ 516,633 $ 16,784,389 $ 331,682 $ 17,632,704 Receipts 1,225,211 192 600 1,226,003 Disbursements (1,015,678) (189,801) (1,205,479) Transfers In 1,163,383 1,216,155 - 2,379,538 Transfers Out (1,216,155) (1,163,383) - (2,379,538) Balance per Banks at September 30,2001 $ 673,394 $ 16,837,353 $ 142,481 17,653,228 • Deposits in Transit - Outstanding Checks (392,881) Adjusted Treasurer's Balance $ 17,260,347 • Page 2 of 9 012 8 �% m _ y Vl 7 Vl M 00 7 N V ` 00 N O j O � 00 n O'n O 'D O O 00 00 fig 'n -0 O N • NC)^ O O C) m h O W V M O O O C, O V 'n M Qwj N O O Go 06 V Q\ a\ Q\ C\ Q\ N O C, O+ Q\ C\ 69 O+ O O O O O O Z W -- O O O O M O O O O O O r N O, Qw O O O O O O O O O O O W D1 'A vl M 7 'n V'f M M Q. r- h V'1 Vl C, O 7 Q\ Q\ Q\ D\ o N C\ C, C` G1 G\ C` oz \ E. cd cd N o o a s Cl c c c rn a Z c Z c c Cl O ^ � o v U 0. 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N M OlOOl N Aal o a o 0 o O o a O U �i � °' E15 3 F City of Atascadero Investments by Type • September 2001 Gov't Cash Certificates Securities with of Deposit 9% Fiscal Agent 17% 1% Other 0% • LAIF 73% Investment September 2001 LAIF $ 12,439,789 Certificates of Deposit 2,899,032 Government Securities 1,493,265 Corporate Paper - Cash with Fiscal Agent 142,481 Other 5,267 $ 16,979,834 r Page 6of9 016 City of Ataseadero Investments by Maturity September 2001 • One Month One to Within One to One Year Five Years Month 7% 19% 1% On Demand 73% Investment September 2001 On Demand $ 12,445,056 Within One Month 139,823 One Month to One Year 1,101,040 One to Five Years 3,151,434 $ 16,837,353 • Page 7 of 9 017 City of Atascadero Investments by Custodial Agent • September 2001 Gibraltar Securities Riverway Penson Trust Bank of Financial 16% 1% New York Corp. 1% Cityof 9% Atascadero 0% • State of California 73% Custodial Agent September 2001 State of California $ 12,439,789 Penson Financial Corp. 1,539,524 Gibraltar Securities 2,713,125 Riverway Trust 99,000 Bank of New York 142,481 City of Atascadero 45,915 $ 16,979,834 • Page 8 of 9 018 City of Atascadero Investment Yield vs. 2-Year Treasury Yield For the Year Ended September 30, 2001 • 7.00% 6.00% 5.00% 4.00% 3.00% 2.00% I o 1.00/o o 0.00/o o° o° ��� oe� oe` ac1 act Gp L QRS a� Jcm �^� Jyti pec — City Yield 2-Yr Treasury Yield 2-Yr Treasury City Yield Yield October 2000 6.55% 5.89% November 2000 6.56% 5.58% December 2000 6.56% 5.13% January 2001 6.34% 4.70% February 2001 6.17% 4.53% March 20001 6.03% 4.29% April 2001 5.85% 4.39% May 2001 5.47% 4.32% June 2001 5.14% 4.34% July 2001 4.83% 3.83% • August 2001 4.74% 3.63% September 2001 4.70% 2.85% Page 9of9 619 ITEM NUMBER: A-3 DATE: 11/13/2001 • n Ni— �at�w�p19 9 Atascadero City Council Staff Report — Public Works Department Annual Disadvantaged Business Enterprise Goal RECOMMENDATION: Council adopt annual Disadvantaged Business Enterprise (DBE)participation goal. DISCUSSION: All local agencies must establish their own DBE program and set specific goals using an • accepted methodology and are required to monitor contracts for DBE compliance. There have been no changes from the previously adopted DBE program. As required, a Public Notice has been published providing 45 days for review and comment on the proposed goal. No comments or requests for review have been received. FISCAL IMPACT: Staff time to monitor DBE Program. ATTACHMENT: DBE Goal Submittal • 020 ITEM NUMBER: A-3 DATE: 11/13/2001 ANNUAL OVERALL GOAL INFORMATION TO: CALTRANS DISTRICT 5 District Local Assistance Engineer The amount of overall goal, methodology, breakout of estimated race-neutral and race-conscious participation, and any DBE program updates are presented herein in accordance with Title 49 of the Code of Federal Regulations Part 26, and as described in the Local Assistance Procedures Manual. The City of Atascadero submits our annual overall goal for your review and comment. We propose an annual overall DBE goal of 8 % for the Federal Fiscal Year 2000/2001 , beginning on October 1, 2000 and ending on September 30, 2001. • Methodology City of Atascadero's overall goal for the Federal fiscal year FY 2000-01 is the following: 8% of the Federal financial assistance in FHWA-assisted contracts. This overall goal is broken down into 5% race-conscious and 3%race-neutral components. Base Figure: # of DBE's (Construction) 109 = 10% # of Construction Contractors on NAICS 1117* • This figure was calculated as follows: • SLO COUNTY (829) 100% of Firms Listed = 829 • Monterey County(833) 10% of Firms Listed= 83 • Santa Barbara County(10 11) 10% of Firms Listed= 101 • Kern County(1049) 10% of Firms Listed= 104 • Base Figure: # of DBE's (Engineering) 41 = 5% 021 ITEM NUMBER: A-3 DATE: 11/13/2001 • # of Engineering Firms on NAICS 807* • This figure was calculated as follows: • SLO COUNTY (541) 100% of Firms Listed = 541 • Monterey County(298) 10% of Firms Listed= 30 • Santa Barbara County(1115) 10% of Firms Listed= 112 • Kern County(1237) 10% of Firms Listed = 124 The City of Atascadero acknowledges and is pursuing the Public participation requirement of the DBE Program. Results will be incorporated in the submittal. Breakout of Estimated Race-Neutral and Race-Conscious Participation Of the overall annual 8% goal for DBE participation, the City of Atascadero projects meeting 5% of the goal utilizing race neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBE's and other small businesses; unbundling large contracts to make them ore accessible to small businesses; encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance, and other support services to facilitate consideration of DBEs and other small businesses. The remaining 3% of the goal is anticipated to be accomplished through race-conscious measures, which includes establishing contract specific goals on contracts with contracting possibilities, when • needed, to meet the City of Atascadero's overall annual DBE goal. DBE Liaison Officer Date • 022 ITEM NUMBER: A-4 DATE: 11/13/2001 191i ®. 1 8 \ CAM] Atascadero City Council Staff Report—Public Works Department El Camino Real Rehabilitation Project Bid No. 99-08 RECOMMENDATION: Council take the following actions on the El Camino Real Rehabilitation Project: 1) Accept R. Burke Corporation's work as complete. 2) Authorize the Contract Change Order No. 1 with R. Burke Corporation for$20,396.10. 3) Authorize the Administrative Services Director to release the project retention$20,396.10. • DISCUSSION: On April 25, 2000, Council authorized the execution of an agreement with R. Burke Corporation to construct the El Camino Real Rehabilitation Project. On September 12, 2000, Council authorized a Work Directive to extend the limits of the El Camino Real Rehabilitation Project from Curbaril Avenue to the Highway 101 northbound off ramp for Highway 41 and authorize the reprogramming of $115,400 in Urban State Highway Account funds previously designated for the El Camino Real Slurry Seal Project to the El Camino Real Rehabilitation Project. The improvements included overlaying that portion of El Camino Real located between Curbaril Avenue to south of Morro Road. Construction was started April 30, 2001 and completed May 31, 2001. Contract Change Order No. 1 in the amount of$20,396.10 was executed, which included all extra work and final adjustments made to unit quantities. This change brought the total contract price to $470,414.81. The City Engineer has reviewed the completed improvements by R. Burke Corporation and has found them to be in substantial conformance with the project plans and specifications as changed • 023 ITEM NUMBER: A-4 DATE: 11/13/2001 FISCAL IMPACT: PROJECTFUNDING Fund 310 -Urban SHA $115,400.00 Fund 310 - State Transportation Improvement Program (STIP) $408,000.00 Total Project Funding $523,400.00 PROJECT EXPENDITURES Construction $470,414.81 Contract Administration, Construction Engineering and Inspection $23,740.01 Total Project Ex enditures $494,154.82 ATTACHMENTS: Notice of Completion Contract Change Order No. 1 • • 024 RECORDING REQUESTED BY: (and when recorded, mail to:) City Clerk • CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 NOTICE OF COMPLETION NO TRANSFER OF PROPERTY Notice is hereby given pursuant to Civil Code Section 3093: 1. The undersigned is corporate officer for the City of Atascadero, owner of property hereinafter described. 2. The full name of the owner is the City of Atascadero. 3. The full address of the owner is: 6500 Palma Avenue, Atascadero, CA 93422 4. The nature of the interest of the owner is in fee. 5. A work of improvement on the property hereinafter described was completed on May 31, 2001. 6. The work done was the EI Camino Real Rehabilitation Project(City Bid No. 99-08). 7. The name of the contractor who performed such work of improvement was R. Burke Corporation. Dated: By: Wade G. McKinney, City Manager City of Atascadero VERIFICATION I, the undersigned, say that I am the City Manager, declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on at the City of Atascadero, California. By: Wade G. McKinney, City Manager, City of Atascadero • CAwindows\TEMP\Notice of Completion1.doc 025 CITY OF ATASC"ERO PUBLIC WORKS DEPARTMENT 6500 PALMA AVENUE,ATASCADERO,CA 93422 • CONTRACT CHANGE ORDER No.: CCO-01 Project: EI Camino Real Rehabilitation Project Bid No.: 99-08 Date of Issuance: June 25, 2001 Contractor. R. Burke Corporation You are hereby directed to make the following changes in the Contract Documents: Revise the contract documents per Attachment A: "Change Order Itemization" CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Time $450,018.71 40 working days Previous Change Orders Net Change from previous Change Orders None 0 working days • Contract Price prior to this Change Order Contract Time prior to this Change Order $450,018.71 40 working days Net Increase (Decrease) of this Change Net Increase (Decrease) of this Change Order Order $20,396.10 0 working days Contract Price with all approved Change Contract Time with all approved Change Orders Orders $470,414.81 40 working days Recommended by: Approved by: Accepted by: R. Burke Corporation Steven B. Kahn Wade G. McKinney (signature) Public Works Director City Manager e 026 • CITY OF ATASCADERO DEPARTMENT OF PUBLIC WORKS 6500 PALMA AVENUE,ATASCADERO, CA 93422 ATTACHMENT A CHANGE ORDER NO. CCO-01 EL CAMINO REAL REHABILITATION PROJECT BID NO. 99-08 It is mutually agreed by and between the City and the Contractor that the following changes are hereby made to the contract documents, special provisions and plans. Numbers in parenthesis designate a reduction on the contract price. I. EXTRA WORK ADDED TO CONTRACT: DESCRIPTION AMOUNT Thermo- Detail 22 900 L.F. @ $0.58 $522.00 Paint- Detail 22 165 L.F. @ $0.30 $49.50 Paint-Detail 38 100 L.F. @ $0.52 $52.00 Markings 206 S.F. @ $1.20 $247.20 ackhammer out AC around gas valves and around hand-holes for traffic lights LUMP SUM $16,728.00 TOTAL EXTRA WORK: $17,598.70 II. ADJUSTMENTS TO FINAL CONTRACT AMOUNTS: • BID DESCRIPTIONADJUSTMENT ITEM 01 Cold Mill AC Pavement - DECREASED by 164.29 SY $2.50 $410.72 02 AC, Type B (Reconstr) - DELETED ($14,500.00) 03 AC, Type B (Leveling) - DELETED ($18,800.00) 04 AC, Type B (Overlay) - INCREASED by 953.71 TONS @ $45.40 $43,298.43 05 1 Pvmt Reinforcing Fabric - INCREASED by 5,700 SY @ $1.70 $9,690.00 06 Adj Manhole Frame/Cover - INCREASED by 3 EA @ $380.00 $1,140.00 07 Adj Wtr Valve Box & Mon. - INCREASED by 9 EA @ $360.00 $3,240.00 08 Traffic Stripe- Detail 9 - INCREASED by 3,375 LF @ $0.35 $1,181.25 09 Traffic Stripe- Detail 32 - DECREASED by 9,487 LF @ $0.92 ($8,728.04) 10 Traffic Stripe- Detail 38 - INCREASED by 70 LF @ $2.13 $149.10 11 Traffic Stripe- Detail 39 - DECREASED by 885 LF @ $0.92 ($814.20) 12 Traffic Stripe-Detail 39A - INCREASED by 36 LF @ $0.46 $16.56 13 Pvmt Marking -Thermo - DECREASED by 3,545.26 SF @ $3.97 ($14,074.68) E114 Pvmt Markers - INCREASED BY 381 EA @ $3.70 $1,409.70 5 Maint Traffic Control - NO CHANGE $0.00 ADJUSTMENT TO CONTRACT PRICE: $2,797.40 027 CONTRACT CHANGE ORDER NO. 1: I. EXTRA WORK ADDED TO CONTRACT: $17,590 11. ADJUSTMENTS MADE TO FINAL CONTRACT AMOUNTS: $2,797.40 NET INCREASES THIS CHANGE ORDER: Accepted by: R. BURKE CORPORATION (Signature) (Date) (Printed name) • • 028 ITEM NUMBER: A-5 DATE: 11/13/2001 iais i � to a CAD s, Atascadero City Council Staff Report - Community Development Department Zone Change 2001-0016 Planned Development 16 Overlay District Code Text Amendment and Official Zoning Map Amendment 5725 Portola Road (Messer / Vaughan Surveys) RECOMMENDATION: The City Council adopt on second reading, by title only: 1. The Draft Ordinance to approve Zone Change 2001-0016 amending the City's Municipal Code to create a new Planned Development 16 Overlay District; and, • 2. The Draft Ordinance to approve Zone Change 2001-0016 amending the City's Official Zoning Map to add a PD-16 overlay district to APN 054-022-033. SUBJECT: The proposed project consists of a proposed rezone to create a new Planned Development Overlay Zone and a zoning map amendment to change the zoning of APN 054-022-033 from RSF-Z (Residential Single Family with a minimum lot size of 1%2 to 2'/2 acres) to RSF-Z/PD-16 (Residential Single Family, with a minimum lot size of 1'/2 to 2'/2 acres with a Planned Development 16 overlay district). DISCUSSION: On October 23, 2001, the City Council conducted a public hearing to consider a proposed Tentative Parcel Map application with a zoning text and zoning map change to create a new Planned Development Overlay Zone. The project would allow a 2-lot subdivision creating a 1.0- acre lot and a 2.19-acre lot, permitting the construction of two single-family residences. The purpose of the Planned Development Zoning Overlay is to allow the creative clustering of residential parcels to preserve sensitive environmental features and provide open space easements by allowing lot sizes smaller than the underlying zone's minimum lot size • requirements. The maximum density on the project site will not exceed the maximum density 029 ITEM NUMBER: A-5 DATE: 11/13/2001 allowed by the underlying General Plan designation and Zoning District. The council requested a change to the proposed zoning text to include a provision that the entire planned development . density be used to calculated general neighborhood character of future subdivisions in the vicinity. The draft ordinance has been amended and is ready for final adoption as attached. FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. ATTACHMENTS: Attachment 1: Draft Ordinance Text Change Attachment 2: Draft Ordinance Map Change • 030 ITEM NUMBER: A-5 DATE: 11/13/2001 • Attachment 1: Draft Ordinance ZCH 2001-0016 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF ATASCADERO AUTHORIZING ZONE CHANGE 2001-0016 THEREBY AMENDING THE CITY'S ZONING ORDINANCE (CHAPTER 9,ATASCADERO MUNICPAL CODE) TO INCLUDE PLANNED DEVELOPMENT 16 OVERLAY DISTRICT (PD 16) (5725 Portola Road/APN 054-022-033 /Mike Messer) WHEREAS, an application has been received from Mike Messer (PO Box 1661, Atascadero, CA 93423) Applicant and Property Owner, to consider a project consisting of an amendment to the City's Zoning Text to create a new Planned Development Overlay District (PD 16), a zone change from RSF-Z (Residential Single Family — minimum lot size 1 1/2 to 2 %2 acres) to RSF-Z / PD-16 (Residential Single Family — minimum lot size 1 %2 to 2 '/2 acres with Planned Development Overlay 16), the adoption of a Master Plan of Development, and a two-lot residential Tentative Parcel Map on APN • 054-022-033; and, WHEREAS, the site's General Plan Designation is LDSF (Low Density Single- Family; and, WHEREAS, the site's current zoning district is RSF-Z (Residential Single Family; with a minimum lot size of 1 1/2 to 2 1/2 acres); and, WHEREAS, the City Council has determined that it is in the best interest of the City to enact this amendment to Chapter 9-3.660 of the Atascadero Municipal Code 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, 031 ITEM NUMBER: A-5 DATE: 11/13/2001 WHEREAS, the Planning Commission of the City of Atascadero, at a public • hearing held on September 4, 2001, studied and considered Zone Change 2001-0016 after first studying and considering the Draft Negative Declaration prepared for the project; and, WHEREAS, the Atascadero City Council, at a duly noticed public hearing held on Tuesday, October 23, 2001, considered Zone Change 2001-0016, after first studying and considering the Proposed Negative Declaration prepared for the project;and, WHEREAS, the City Council of the City of Atascadero, held a second reading of the Draft Ordinance on November 13, 2001. NOW, THEREFORE,the City Council does hereby ordain as follows: SECTION 1. Findings for Approval of a Zone Change Creating a PD-16 Planned Development Overlay District. The City Council finds as follows: a) Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. b) 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. • c) Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. d) Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 3. Approval. The City Council of the City of Atascadero, in a regular session assembled on October 23, 2001 resolved to introduce for first reading an ordinance that would add a new code section to Chapter 9-3.660 of the Atascadero Municipal Code; and, WHEREAS, The City Council of the City of Atascadero, in a regular session assembled on November 13, 2001 resolved to introduce for second reading an ordinance that would add a new code section to Chapter 9-3.660 of the Atascadero Municipal Code as follows: a) Exhibit A: Proposed Zoning Text SECTION 3. Effective Date. 032. ITEM NUMBER: A-5 DATE: 11/13/2001 • This ordinance shall be effective a 12:01 a.m. on the 31" day after its final passage. On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: J. Michael Arrambide, Mayor • Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • 033 ITEM NUMBER: A-5 DATE: 11/13/2001 Exhibit A: Proposed Zoning Text • ZCH 2001-0016 Proposed Planned Development 16 Overlay District: Code Text Amendment Chapter 9-3.660 Atascadero Municipal Code (a) Purpose. The purpose of the district is to allow the creative clustering of residential parcels to preserve sensitive environmental features and provide open space by allowing lot sizes smaller than the underlying zone's minimum lot size requirements in the RS, RSF, LSF Zoning Districts. (b) Development Standards: (1) The maximum density shall not exceed that allowed by the underlying zoning district and General Plan designation. Individual lot sizes may be smaller provided the overall project density conforms to the specified maximum density. (i) Minimum individual lot sizes shall be at least one acre (gross) for parcels served by on-site septic systems and 0.5 acre (net) for lots served by the City's sewer system. (2) Lots shall utilize common access when feasible. (3) Open space easements shall be provided for each project. All open space easements shall be designated as non-build, non-storage areas on the Final Parcel / Tract Maps. (Septic systems are allowed to be located within the open space easements. (4) All building sites within the Planned Development shall be located on slopes under 20 • percent. (5) Development on each parcel shall be designed to avoid native tree impacts, preserve the contours of the hills, protect prominent view sheds, maintain wildlife corridors and minimize impacts to significant drainage areas and blue-line creeks. (6) A Master Plan of Development shall be approved in conjunction with any Tentative Tract / Parcel Map application. All subdivision improvements and subsequent development shall be consistent with the MasterPlan of Development. The Master Plan of Development shall contain the following: (i) A site plan indicating land use, open space, circulation, lot sizes, slopes, native trees, building sites and common landscape features; (ii) A statistical summary of the project's land uses and densities; (iii) A statement of project features that will provide a public benefit; (iv)Any special development standards that will be required of future development; (v) Individual building plans and elevations are not required. (7) The entire planned development density shall be used to calculated general neighborhood character of future subdivisions in the vicinity. s 034 ITEM NUMBER: A-5 DATE: 11/13/2001 S Attachment 2: Draft Ordinance Zoning Map Change ZCH 2001-0016/CUP 2001-0046 5725 Portola Road DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF ATASCADERO AUTHORIZING ZONE CHANGE 2000-0016 AMENDING THE ZONING MAP DISTRICT OF APN 054-022-033 FROM RSF-Z (RESIDENTIAL SINGLE FAMILY—Z) TO RSF- Z/PD-16 (RESIDENTIAL SINGLE FAMILY WITH A PD-16 OVERLAY DISTRICT) SUBJECT TO A MASTER PLAN OF DEVELOPMENT (5725 Portola Road/APN 054-022-033 /Mike Messer) WHEREAS, an application has been received from Mike Messer (PO Box 1661, Atascadero, CA 93423) Applicant and Property Owner, to consider a project consisting of an amendment to the City's Zoning Text to create a new Planned Development • Overlay District (PD 16), a zone change from RSF-Z (Residential Single Family — minimum lot size 1 1/2 to 2 1/2 acres) to RSF-Z / PD-16 (Residential Single Family — minimum lot size 1 1/2 to 2 1/2 acres with Planned Development Overlay 16), the adoption of a Master Plan of Development, and a two-lot residential Tentative Parcel Map on APN 054-022-033; and, WHEREAS, the site's General Plan Designation is LDSF (Low Density Single- Family; and, WHEREAS, the site's current zoning district is RSF-Z (Residential Single Family; with a minimum lot size of 1 1/2 to 2 %2 acres); and, WHEREAS, the City Council has determined that it is in the best interest of the City to enact this amendment to the 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 035 ITEM NUMBER: A-5 DATE: 11/13/2001 which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a public hearing held on September 4, 2001, studied and considered Zone Change 2001-0016, after first studying and considering the Draft Negative Declaration prepared for the project; and, WHEREAS, the Atascadero City Council, at a duly noticed public hearing held on Tuesday, October 23, 2001, considered Zone Change 2001-0016, after first studying and considering the Proposed Negative Declaration prepared for the project, and WHEREAS, the City Council of the City of Atascadero, held a second reading of the Draft Ordinance on November 13, 2001. NOW, THEREFORE,the City Council does hereby ordain as follows: SECTION 1. Findings for Approval of a Zone Change Creating a PD-16 Planned Development Overlay District. The City Council finds as follows: e) Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. f) 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. g) Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. h) Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on October 23, 2001 resolved to introduce for first reading an ordinance that would rezone the subject site; and, WHEREAS, the City Council of the City of Atascadero, held a second reading of the Draft Ordinance that would rezone the subject site on November 13, 2001 consistent with the following: b) Exhibit A: Zone Change Map SECTION 3. Effective Date. • 036 ITEM NUMBER: A-5 DATE: 11/13/2001 This ordinance shall be effective at 12:01 a.m. on the 31St day after its final passage. On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: J> Michael Arrambide, Mayor • Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • 037 ITEM NUMBER: A-5 DATE: 11/13/2001 Exhibit A: Proposed Zoning Map ZCH 2001-0016/CUP 2001-0046/TPM 2001-0019 Project Site: 5725 Portola Road APN 0554-022-033 Existing Zoning: RSF-Z Proposed Zoning: RSF-Z(PD16) Project Site • a • 038 ITEM NUMBER: B- 1 n■ Fm m ® ® DATE: 11/13/2001 i19x8 d '^ S x979 Atascadero City Council Staff Report - Community Development Department Shores / Davis Cluster Residential Subdivision Amendment Amendment of Planned Development 15 with a 44-Lot Tract Map Zone Change 2001-0015, Master Plan Of Development (CUP) 2001-0040, Tentative Tract Map 98013 3900 Traffic Way / Shores / Tarr RECOMMENDATION: Planning Commission Recommends: Council: 1. Adopt Draft Resolution "A", re-certifying the previously approved Mitigated Negative • Declaration 99029; and, 2. Introduce for first reading an ordinance amending the Official Zoning Map consistent with Zone Change 2001-0015; and, 3. Adopt Draft Resolution `B", approving the amendment of the Master Plan of Development for PD-15 (CUP 2001-0040) subject to Conditions of Approval and Exhibits; and, 4. Adopt Draft Resolution "C", approving amendment of Tentative Tract Map 98013 subject to Conditions of Approval and Exhibits. SUBJECT: The proposed project consists of an amendment to the zoning district and previously approved tentative tract map for the Shores / Davis Cluster Residential Subdivision. The original project was approved in 1999 and allowed 41 clustered lots with a net density of 35 residential units, a ±5.1 acre wetlands preserve and 6.8± acre City park site. The proposed amendment would relocate two lots that have been determined to be within jurisdictional wetlands and create three additional lots for a total of 44 lots. The zoning change request would change the zoning district of 0.7± acres from L (recreation) to LS (special recreation) thereby making single-family residential a conditionally allowable use. The net area of the wetlands preserve would not be reduced by the project. The project site has a General Plan • designation of HDSF (high density single-family) and REC (recreation) with corresponding zoning districts of RSF-X (single-family residential '/2 acre min.) and L (recreation). The project is located at 3900 Traffic Way(APN 049-033-021). 039 ITEM NUMBER:' B- 1 DATE: 11/13/2001 SITUATION AND FACTS: • 1 Applicant: Jim Shores ive: Russ Thom 2. Representative: son p 3. Project Address: 3900 Traffic Way APN 049-033-021 4. General Plan Designation: HDSF (High Density Single Family) REC (Recreation) 5. Zoning District: RSF-X/PD-15 (Residential Single Family L/2 acre/Planned Development 15 Overlay District) L/PD-15 (Recreation/Planned Development 15 Overlay District) 6. Site Area: 39.9± acres 7. Existing Use: Subdivision under construction 8. Environmental Status: Mitigated Negative Declaration Certified November 9, 1999 DISCUSSION: • Background In November of 1999, the City Council approved General Plan Amendment 98002 and Zone Change 98004 to change the land use designation of approximately 39.9± acres from Single Family Suburban to 20.3± acres of High Density Single Family, 10.0± acres Recreation, and 2.7± acres of Industrial with a Planned Development Overlay District, and a 41-lot tentative tract map (TTM 98013). The project is located in the northeast quadrant of town on Traffic Way. The parcel has been historically used as pasture and is occupied by three separate single-family dwellings all under common ownership. The site is bordered on the east by the Union Pacific Railroad and by Seperado Avenue on the west. The site is predominately flat on the east side of Traffic Way and has slopes that range up to 20% on the west. The sloped portion of the site is characterized by sparse grasslands intermixed with stands of oak trees. The northern portion of the site contains a freshwater spring that supports a densely forested freshwater marsh and riparian forest. Planning Commission Recommendation The Planning Commission held a public hearing on the proposed project amendments on August 21, 2001. There was limited public testimony on the proposal and the Commission voted 7-0 to recommend approval of the project to the City Council. The Commission's recommendations are incorporated in to the draft Council resolutions and ordinance. Copies • of the Planning Commission Minutes are attached as Attachment 7. 040 ITEM NUMBER: B- 1 DATE: 11/13/2001 . Analysis ofPlanning Issues 1. Approved Project Summary The approved project allowed a mix of residential, recreational, open space and industrial land uses. The project was designed to cluster residential development on the west side of Traffic Way and avoid the most sensitive portions of the site. The minimum lot size for the project was '/4-acre, with an average lot size of 0.53 acres. The maximum density of the residential area was approved at 1.9 dwelling units per acre (du's/ac), which is below the maximum density of two dwellings/acre (two Y2-acre lots equals 1-acre or 2 units/ac) allowed within the proposed RSF-X zoning district. The project was approved with a phased tract map which allows the applicant to record the multiple final maps. To date, Phases I and II have been recorded and are currently under construction. The project proposes to amend portions of Phase III only. �c dy MDSE D 4 r MI S Approved Project Subdivision and Phasing • 04i ITEM NUMBER: B- 1 DATE: 11/13/2001 Approved Project Land Use Summary • Land Use Zoning Acreage Dwelling Density Ave Lot Size High Density Single Family RSF-X(2 du's/ac max) 18.5 acres 35 du's 1.90 du's/ac 0.53 ac Park(Public) Recreation 6.4 acres 0 du's Open Space Recreation 5.4 acres 0 du's Industrial Industrial 2.7 acres 1 du*` Streets 6.9 acres Total 39.9 acres 36 du's 0.90 du's/ac -existing house will become a non-conforming use following rezone to industrial The Phase III area consisted of 9.2f acres and represented the last phase of the project. As approved, Phase III had 12 single family lots and a 5.1± acre wetlands preserve. The following map shows a detail of Phase III as currently approved. SSF as a ,\ oaias w.1, Rio 11 Road ri Approved Phase III 042 ITEM NUMBER: B- 1 DATE: 11/13/2001 • 2. Proposed Project Amendment Condition 22 of the original subdivision map required a wetlands delineation to be prepared for the wetland spring area prior to site improvements or recording of the Phase III map. The applicant completed the wetlands delineation study earlier this year. The study identified wetlands in the location of Lots 3 and 4 of the original map. In order to avoid impacting the wetlands, the applicant is proposing to redesign the project to avoid and protect these areas. The following map indicates the location of jurisdictional wetlands tor _ Identified Wetlands Area Wetlands within lots 3 and 4 • /' "' , - _ Open space area without Wetlands ', = Vic.� - — _ / ,rye :r ! X\, 'Or o T: 2 OF 2 SCALE: r ' +00' MORRO WETLAND DELINEATION REP FILE 0mELowc 12-h00. 8Y:DH REV.0 e,w.wr rP-—INC.�. Shores-Tract 2317 E: • In order to avoid the wetlands impact, the applicant is requesting an amendment to the zoning district and the Master Plan of Development for PD-15. The amendment will transfer 043 ITEM NUMBER: B-1 DATE: 11/13/2001 approved building locations from an area designated RSF-X with wetlands to an area • designated L (Recreation) without wetlands. Currently, the entire wetlands preserve is zoned L (Recreation) which does not allow residential uses. Due to the current General Plan Amendment moratorium, the underlying General Plan designations cannot be changed for the site at this time. Therefore, the RSF-X zoning district cannot be reconfigured. As an alternative approach, the application includes a request to rezone 0.75± acres of the site to LS (Special Recreation) which allows single-family residential uses with a conditional use permit. Because both the L and LS zones are consistent with the General Plan's underlying ,Recreation designation, a General Plan amendment is therefore not required for the project. 1 ��4 jI Permanent Open Space Easement k � Location of wetlands �g ` Originally 2 lots approved gyp+ RSF-XIPD-15 .d- = Proposed Zone Change L/PD-15 to RSR-X/PD-15 m r 3 lots proposed 0.75±acre SF 40 { if SF a Gad y s- Y ~ MR, 51, Additional Lot Proposed The tract map is proposed to be amended to add three additional residential lots within Phase III for a total of 15 units. The area within Lots 3 and 4 will retain the RSF-X zoning designation until the General Plan Update process is complete. A permanent open space easement will be recorded in the location of Lots 3 and 4 with the final map to protect it from development regardless of the zoning district. The net area of the wetlands preserve will remain unchanged at 5.13 acres. • 044 ITEM NUMBER: B- 1 DATE: 11/13/2001 • Proposed Project Land Use Summary (as amended) Land Use Zoning Acreage Dwelling Density Ave Lot Size High Density Single Family RSF-X(2 du's/ac max) 18.5 acres 38 du's 2.0 du's/ac 0.49 ac Park(Public) Recreation 6.4 acres 0 du's Open Space Recreation 5.4 acres 0 du's Industrial Industrial 2.7 acres Streets 6.9 acres Total 39.9 acres 38 du's 0.95 du's/ac 3. Archaeology Issues A phase one archaeological study conducted for the original project identified four potentially significant sites in the location of the City park and industrial zone on the east side of Traffic Way. Additional Phase Il survey work conducted this year determined that the area south and east of the spring, including most of the park site and the historic Adobe site, was a significant archaeological site. This area is currently being protected and monitored during the construction of Phase II improvements. To determine if any archaeological resources may exist within Phase III, an additional archaeological survey of Phase III was conducted in July 2001 by the project archaeologist, John Atwood of PAST. Mr. Atwood found that "Since no prehistoric cultural material were • discovered in the buildable potions of Phase III development area during the original survey (Atwood and Getchell 1999) or during the current reexamination of the area, no additional archaeological work in this portion of the development is recommended at this time." Based on these findings the project will be conditioned to notify the City if any cultural resources are discovered in Phase III, but there will be no requirement for additional archaeological survey work prior to construction in this area. Mr. Atwood's archaeological recommendations are contained in Attachment 2. 4. Tree Preservation The Phase III portion of the site contains 56 native oak trees and a dense riparian forest. To the extent possible, the project has been designed to minimize impacts to native trees through site design modifications. In order to protect the trees during construction, an arborist report was prepared with tree protection and construction technique recommendations. The arborist recommendations will be incorporated into the Master Plan of Development and tract map conditions to regulate both subdivision improvements and individual house development (refer to Exhibit D of the Master Plan of Development). The remaining native trees are located within the wetland preserve's riparian forest. This area will be protected from development impacts. 5. Master Plan of Development The Planned Development Overlay Zone No. 15 requires a Master Plan of Development to control all site development features for the project. The Master Plan of Development is • approved or amended in the form of a conditional use permit as required by the Zoning Ordinance. The three proposed houses on Lots 5, 6 and 7 within the proposed LS zoning require a conditional use permit with architectural elevations and floor plans, which will be 041 ITEM NUMBER: B- 1 DATE: 11/13/2001 incorporated into the Master Plan of Development. The remaining houses within PD-15 are . not subject to architectural controls. Due to the potential impact to wetlands, filling of proposed Lots 5, 6 and 7 will not be allowed. Instead, the project is conditioned that these houses be constructed utilizing stem wall foundation construction techniques. The Master Plan of Development is also proposed to allow reduced front yard setback requirements of 15 feet for structures and 18 feet for garages on environmentally constrained sites. t ! 7 iWetland Preserve ` X.17 'O L — �' J Phase 3 Master Plan a of Development 'J;S �j ! ✓ / Relocated development sites • O J P i R / Proposed Environmental Determination Based on the findings of the original expanded Initial Study, a Mitigated Negative Declaration was certified for the project on November 9, 1999 consistent with the California Environmental Quality Act. The Initial Study determined that the project would have a less than significant environmental impact when mitigation measures are incorporated into the project. Staff is recommending that the Planning Commission recommend re-certification of the Mitigated Negative Declaration that was previously adopted for GPA 98002, ZCH 98004, 046 ITEM NUMBER: B- 1 DATE: 11/13/2001 • TTM 98013 based on the findings that no new environmental impacts would occur that have not been previously analyzed and mitigated. Conclusion • The proposed project will reduce impacts to wetlands by relocating development areas. • Archaeology and arborist reports prepared for Phase III found that the proposed changes would not create any new impacts. • The net increase of three additional single-family lots will be consistent with the maximum density allowances of PD-15. • It appears that all of the required findings for project approval can be made. FISCAL IMPACT The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. ALTERNATIVES • 1. The City Council may approve the project with modifications to any part of the project. 2. The Council may deny the amendments and the subdivision map. 3. The Council may refer the item back to the Planning Commission or staff for additional analysis or modification. Direction on specific information or changes should be given to staff and the applicant. 047 ITEM NUMBER: B- 1 DATE: 11/13/2001 ATTACHMENTS: • 1. Attachment 1: General Plan, Zoning and Location 2. Attachment 2: Archaeological Recommendations for Phase III 3. Attachment 3: Draft Resolution"A": Re-certification of Mitigated Negative Declaration 4. Attachment 4: Draft Ordinance: Approval of Zone Change 2001-001 5. Attachment 5: Draft Resolution"B"Approval of Amendment of Master Plan of Development PD-15 (CUP 2001-0040) 6. Attachment 6: Draft Resolution"C"Approval of Amendment of Tentative Tract Map 98013 7. Attachment 7: Approved Planning Commission Minutes 048 ITEM NUMBER: B- 1 DATE: 11/13/2001 • Attachment 1: General Plan,Zoning and Location ZCH 2001-0015/CUP 2001-0040/TTM 98013 / Y t' ' �, r �(� • Project Location NODS Us l t 049 ITEM NUMBER: B- 1 DATE: 11/13/2001 Attachment 2: Archaeological Recommendations for Phase III • John Atwood PAST 7/25/01 ZCH 2000-00091 CUP 2000-0025/TTM 2000-0004 PAST t' A 3 lncipals Barbie S.Getchell PACIhC ARCIiAEOIOCI1CAf SCIENCES TEAM John E.Atwood http://www.past-crm.co Toll-Free:14M&8,66-PAST 18034 venwra Blvd.#202 30251 Golden Lantern#,E-254 Encino,CA 91316-3516 Laguna Niguel,CA 92677-5984 TEL: (818)349-3353 TEL:(949)495=9222 FAX: (818)775-1190 E-FAX:(208)955-5011 July 25,200UP F:1 E RECE1, Mr.warren Frace JUL 3 02' 01 Planning Service Manager City Of Atascadero COMMUNITY DEVELDPMENT 6500 Palma Ave. Atascadero,CA 93422 RE: Reexamination o1,,and-Recommendations for,the Phase III Development-Portion of Tentative Tract Map N6.2317(Shores)in the City of Atascadero,.San Luis Obispo County, California Mr.Warren Frace: • Pursuant to your request;Pacific Archaeological Sciences Team(PAST)performed a reexamination of the Phase III development portion of Tentative Tract Map(TTM)No.2317 in the City of Atascadero(see Figure 1 and 2).The area that`was reinspected did not include Lot 4,; which has been designated as"wetlands preserve"and is believed to contain a portion of site P- 40-001912.As you know,this portion of the TTM No.2317 area was included ill.our 1,999 survey area of the tracf(Atwood'and Getchell 1999).The need for this reexamination ofthe area was deemed necessary because the property owner,-Mr.'Jim Shores,has proposed a revised lot alignment in this portion of the tract..At the time of the initial survey(ibid.) ground surface visibility was considered extremely poor to dense vegetative cover in the area.Since several , archaeological sites have been,identified in the immediate area,it was determined that it was in _ the best.interest of-the cultural resources to reexamine this area to see if ground.surface visibility had improved*since.the original survey. The reexamination of the project area,which only included the lots proposed for development (i.e. sans Lot 4 which has been designated as a"wetlands preserve"),was conducted on July.1 1, 2001,.byJohn E.Atwood of PAgT and Patti Dunton of Playano.Cultural Heritage Services, Morro Bay.The'survey was conducted by walk a zigzagging circular route across the area. During the investigation observations were,written down as field notes and two digital photographs of the area were taken.Overall,ground surface visibility in the area was considered similar to that encountered during the 1999'inspection(Atwood,and GetchellI999)whereas wild vegetation obscured most of the surface soil in the area.Despite the poor,ground surface visibility,surface soil was visible in some areas that exhibited less dense vegetative cover and within existing dirt roadways and animal paths.Periodic views of the subsurface soil were exposed;in the backdirt piles of burrowing animals in the area and within a natural drainage channel on the property.Overall,inspection of all of these areas failed to revealed the presence of any prehistoric archaeological materials in the Phase.III development portion of TTM No.2317. 050 ITEM NUMBER: B- 1 DATE: 11/13/2001 Frace:Archaeological Recommendations-Phase III Development AFea of TTM No.2317 • July 25,2001; Page 2 of 3 within the drainage channelanda small amount-recent trash.Recent feature's in the project area included dirt roadways,fences,a corral,and an approximately 8-foot circular depression in the soil.None of these modern materials or features are considered important historical cultural resources. ............. .......... ....... Since no prehistoric cultural materials were,discovered in the buildable portion Phase III development area during the original survey(Atwood and Getchell 1999)or during the current reexamination of the area,no additional archaeological work in this portion of the.development (pxcept Lot 4)is recommended at this'time.It should be noted;however,that several archaeological sites have been identified within the TTM No.2317 area including site P40- 001912 which is located adjacent to the north and east of the subject area.At this point,the boundaries of this important cultural resource have not yet been determined.Based on previous field observations,it.is believed that some portion of this site does extent onto Lot 4 in the Phase III development area.Should current development plans change,a Phase II testing program must be conducted prior any We of excavation,construction,or other We of improvements in the Lot 4 area. ......... ..... . ... ...... ......... .................................... Although no additional archaeological work is recommended for the buildable portion of the Phase III development area,it is possible that buried or otherwise hidden cultural resources could be revealed during the development"of this area.Procedures for the treatment of human remains and discovery of historical or unique-archaeological resources accidentally discovered during construction are presented in Title 14;Chapter 3;Article 5;Section 15064.5 of the California Environmental Quality Act(and elsewhere).In part this Section calls for"in the event that human remains are discovered;these procedures include contacting the County Coroner.If the coroner • determines the remains to be Native American,the coroner shall contact the Native American Heritage Commission within 24 hours.The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native . American.The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work,for means of treating or disposing of,with . appropriate dignity,the human remains and any associated grave goods as provided in Public. Resources Code Section 5097.98...As part of the objectives,criteria,and procedures required by Section 21082 of the Public Resources Code,a lead"agency should make provisions for historical or unique archaeological resources accidentally discovered during construction.These provisions should include an immediate evaluation of the find by a qualified archaeologist.If the find is determined to be an historical or unique archaeological resource,contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation should be available.Work could continue on other parts of the building site while historical or unique archaeological resource mitigation takes place." Should you have any questions or need any additional information about this project,pleasefeel free to contact us at anytime. Sincerely' VO John E.Atwood Archaeologist • 051 Attachment 3: Draft Resolution i°A" • Re-certification Mitigated Negative Declaration 99029 DRAFT RESOLUTION "A" A RESOLUTION OF THE ATASCADERO CITY COUNCIL RE-CERTIFYING MITIGATED NEGATIVE DECLARATION 99029 FOR ZONE CHANGE 2001-0015, CONDITIONAL USE PERMIT 2001-0040 AND AMENDMENT OF TENTATIVE TRACT MAP 98013 FOR APN 049-033-021 (3900 Traffic Way/ Shores) WHEREAS, an application has been received from Jim Shores (PO Box 216, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Zone Change (ZCH 2001-0015) of 0.75 acres from L/PD-15 (Recreation) to LS/PD-15 (Special Recreation), amendment of the Master Plan of Development for Planned Development 15 to relocate three building sites outside of jurisdictional wetlands (CUP 2001-0040), and the amendment of Phase III of Tract Map 2317 to change the location of lots consistent with the Master Plan of Development and create three additional lots (TTM 98013). The project is located at 3900 Traffic Way (APN 049-033-021); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 99029 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 Atascadero City Council held a public hearing following the close of the review period for the Initial Study and Draft Mitigated Negative Declaration and determined to certify the environmental determination on November 9, 1999; and, WHEREAS, the Planning Commission of the City of Atascadero, at a public hearing held on Tuesday, August 21, 2001, hereby resolves to recommend that the City Council re- certify Mitigated Negative Declaration 99029; and, WHEREAS, the Atascadero City Council, at a public hearing held on Tuesday, November 13, 2001, to consider re-certification of Mitigated Negative Declaration 99029 based on the following findings and as shown on Exhibit A: NOW,THEREFORE,the City Council takes the following actions: SECTION 1. RE-CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATION/ ENVIRONMENTAL DETERMINATION: The City Council hereby re-certifies the environmental determination and Mitigated Negative Declaration that were originally certified for the Master Plan of Development and Tentative Tract Map on November 9, 1999 based on the following findings: 052 Draft Council Resolution"A" November 6,2001 Page 2 of 4 • 1. Consistent with the requirements of the California Environmental Quality Act (CEQA), the City coordinated its environmental analysis with all affected public agencies; and, 2. An Initial Study was previously prepared and certified evaluating the environmental consequences of the above referenced project; and, 3. Based upon the Initial Study, a Mitigated Negative Declaration was prepared, which identified no potentially significant environmental consequences; and, 4. The environmental documents were submitted to all interested parties; and, 5. The City received public testimony and communications on the adequacy of the Mitigated Negative Declaration on November 9, 1999. Based on that review and comments, it is determined that the Draft Mitigated Negative Declaration findings and conclusions remain valid and are appropriate for supporting the proposed project; and, 6. The Mitigated Negative Declaration prepared for the proposed project is complete, adequate and is in conformance with the requirements of the California Environmental Quality Act; and, 7. Amendment of the Master Plan of Development PD-15 and amendment of • Tentative Tract Map 98013 are determined to be substantially consistent with the original project description and will not create any additional impacts that have not been previously analyzed. BE IT RESOLVED by the Atascadero City Council that the findings stated above are adopted and Mitigated Negative Declaration 99029 is re-certified. • 053 Draft Council Resolution"A" November 6,2001 Page 3 of 4 • On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Mike Arrambide, Mayor Attest: • Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • 054 Draft Council Resolution"A" November 6,2001 Page 4 of 4 • Exhibit A Notice of Determination/Mitigated Negative Declaration 99029 KAT Wo: 0700-1 t i + Official Records :EDR 25.00 San Luis Obisoo Co. Julie L. Rodewaltl s d Recorder '_: — � ss~p� _ , ' >•. ._-, Nov 12. 1999 CIT ATASCADERo Time: 15:50 N 70TICE OF DETERMINATION L 01 :TOTAL 25.00 venue Atascadero,CA 93422 _ny $Q $6i.5035 TO: ® County Clerk,County of San Luis Obispo ❑ Office of Planning and Research(If the project requires state approval) NOV t 1 1999 1400 Tenth Street Sacramento,CA 95814 Jil1.l'Lr,(i FROM: Warren Frace,City of Atascadero -''r'3.l..tkSlLl a L)ERdTY CLrq,1 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. RESIDENTIAL CLUSTER SUBDIVISION(GENERAL PLAN AMENDMENT 98002,ZONE CHANGE 98004, TENTATIVE TRACT MAP 98013 Project Title N/A State Clearinghouse Number 3900 TRAFFIC WAY(APN 49-031-003) FILE • Atascadero,CA 93422 COPY San Luis Obispo County Project Location(Include County) The proposed project consists of the following elements(1)General Plan Amendment 98002 to change the land use designation of approximately 39.91 acres from Single Family Suburban to 20.3*acres High Density Single Family,10.0.+acres Recreation, 2.7.+acres Industrial and 6.9*acres streets and the extension of the Urban Service Line to provide sewer service to the project area,(2)Zone Change 98004 to change the zoning from RS(Residential Suburban)to RSF-X(Residential Single-Family 1/2- acre minimum with sewer),L(Recreation),and I(Industrial),consistent with the General Plan Amendment with a Planned Development Overlay District,and(3)a 43-lot tentative tract map with a net residential density of 38 dwelling units. The project site is a sloping cattle pasture with scattered stands of mature native oak trees and a distinct spring area surrounded by riparian vegetation. Project Description This is to certify that the City of Atascadero,the®lead/a❑responsible agency approved the above described project on November 9,1999 and made the following determinations: 1. The project❑will®will not have a significant effect on the environment. 2• ❑ An Environmental Impact Report was prepared and certified for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. ❑ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. . ® A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. 3. Mitigation measures®were❑were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations❑was®was not adopted for this project 5. Findings®were❑were not made pursuant to the provisions of CEQA. 6. The location and custodian of the documents which comprise the record of proceedings for the Final EIR(with comments and responses)or Negative Declaration are specified as follows: Custodian: Paul M.Saldana Community Development Director L a' :ZCormnm7uni�Development Department,6500 Palma Avenue Atascadero,CA 93422 11/12/99 Paul M.Saldana,Community Development Director Date • 055 Attachment 4: Draft Ordinance Approve Zoning Map Change 2001-0015 • DRAFT ORDINANCE AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING MAP OF ATASCADERO THEREBY AMENDING THE ZONING MAP DISTRICT OF A PORTION OF APN 049-033-021 FROM "L /PD-15" (RECREATION) TO "LS/PD-15" (SPECIAL RECREATION WITH A PD-15 OVERLAY DISTRICT) SUBJECT TO A MASTER PLAN OF DEVELOPMENT. (ZCH 2001-0015) (3900 Traffic Way/ Shores) WHEREAS, an application has been received from Jim Shores (PO Box 216, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Zone Change (ZCH 2001-0015) of 0.75 acres from L/PD-15 (Recreation) to LS/PD-15 (Special Recreation), amendment of the Master Plan of Development for Planned Development 15 to relocate three building sites outside of jurisdictional wetlands (CUP 2001-0040), and the amendment of Phase III of Tract Map 2317 to change the location of lots consistent with the Master Plan of Development and create three additional lots (TTM 98013). The project is located at 3900 Traffic Way (APN 049-033-021); and, • WHEREAS, the site's General Plan Designation is REC (Recreation) which allows both"L" (Recreation) and "LS" (Special Recreation) as consistent zoning districts; and, WHEREAS, the site's current zoning district is "L" (Recreation); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the Planning Commission has determined that this amendment to the Zoning Map will relocate development outside of an area that has been determined to have jurisdictional wetlands present thereby reducing the project's impact; 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 amendment; and, 056 Draft Ordinance September 6,2001 Page 2 of 4 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed public hearing held on Tuesday, August 21, 2001, considered Zone Change 2001-0015, after first studying and considering re-certification of Mitigated Negative Declaration 99029 prepared for the project, and, WHEREAS, the Atascadero City Council, at a duly noticed public hearing held on Tuesday, September 6, 2001, considered Zone Change 2001-0015, after first studying and considering re-certification of Mitigated Negative Declaration 99029 prepared for the project, and, NOW, THEREFORE, the City Council takes the following actions: SECTION 1. Findings for Approval of Zone Change 2001-0015 The City Council finds as follows: 1. The proposed zone change is consistent with the General Plan. 2. The proposed zone change will relocate residential development away from sensitive jurisdictional wetlands areas. SECTION 2. Approval The Atascadero City Council, in a regular session assembled on September 6, 2001, resolved introduce for first reading an ordinance amending • the Official Zoning Map for the subject site consistent with the following: 1. Exhibit A: Zone Change Map SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31St day after its final passage. • 057 Draft Ordinance September 6,2001 Page 3 of 4 On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Mike Arrambide, Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • 058 Draft Ordinance September 6,2001 Page 4 of 4 • Exhibit A:Zone Change Map ZCH 2001-0015 \�G SSF -74 RSA= I, PDf15 t r Existing Zoning: L/PO-15 Permanent Open Space Easement to be recorded over New Zoning: LS/PD-15 RSF-X area with final map. 059 Attachment 5: Draft Resolution'IS" Amended Master Plan of Development PD-15:CUP 2001-0040 DRAFT RESOLUTION "B" A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING AN AMENDMENT TO THE MASTER PLAN OF DEVELOPMENT FOR THE PD-15 OVERLAY ZONING DISTRICT. (CUP 2000-0040) (3900 Traffic Way/ Shores) WHEREAS, an application has been received from Jim Shores (PO Box 216, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Zone Change (ZCH 2001-0015) of 0.75 acres from L/PD-15 (Recreation) to LS/PD-15 (Special Recreation), amendment of the Master Plan of Development for Planned Development 15 to relocate three building sites outside of jurisdictional wetlands (CUP 2001-0040), and the amendment of Phase III of Tract Map 2317 to change the location of lots consistent with the Master Plan of Development and create three additional lots (TTM 98013). The project is located at 3900 Traffic Way (APN 049-033-021); and, WHEREAS, the site's General Plan Designation is REC (Recreation); and, • WHEREAS, the site's current zoning district is"L/PD-15"; and, WHEREAS, the Planning Commission has recommended that a portion of the site be rezoned to "LS /PD-15" which allows single family residential uses in conjunction with a Master Plan of Development; 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 Master Plan of Development Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 21, 2001, studied and considered the Master Plan of Development (CUP 2000-0040), after first studying and considering re-certification of Mitigated Negative Declaration 99029 recommended the project for approval to the City Council, and 060 Draft Resolution"B" November 13,2001 Page 2 of 16 • WHEREAS, the Atascadero City Council, at a duly noticed Public Hearing held on November 13, 2001, studied and considered the Master Plan of Development (CUP 2000- 0040), after first studying and considering re-certification of Mitigated Negative Declaration 99029, and NOW, THEREFORE, the City Council takes the following actions: SECTION 1. Findings for Approval for Amendment of the Master Plan of Development. The City Council finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-15 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the • immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on November 13, 2001, resolved to approve the amendment of the Master Plan of Development (CUP 2000-0040) subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: PD-15 Master Plan of Development: Overall Site Plan 3. EXHIBIT C: PD-15 Phase III Master Plan of Development: Detailed Site Plan 4. EXHIBIT D: Arborist Report: Tree Protection Recommendations 5. EXHIBIT E: Typical Elevations and Typical Floor Plans 6. EXHIBIT F: Typical Stem Wall Foundation Construction Detail (Lots 5, 6, 7 and 8 only) 061 Draft Resolution"B" November 13,2001 Page 3 of 16 On motion by Council Member , and seconded by Council • Member the foregoing resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Mike Arrambide, Mayor Attest: • Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney V • 062 Draft Resolution"B" November 13,2001 Page 4 of 16 EXHIBIT A: Conditions of Approval PD-15 Master Plan of Development Amendment(CUP 2001-0040) Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Traffic Way Cluster Subdivision/PD-15 GP:Grading FM: raliading PgP ermit PS:Planning Vices Master Plan of Development Amendment BP:Building Permit BS:Building Services CUP 2001-0040 Fl:TemporaryOccupancy PD:Police DepartmeFD:Fire nt FI:Final Inspection P PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company Planning Services 1. The approval of this Master Plan of Development shall On going PS become final and effective following the end of the referendum period for Zone Change 2000-0015(Rezone to LS/PD-15). 2. Approval of this Master Plan of Development Amendment On going PS shall be valid concurrently with the life of Tentative Tract Map 98013 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded • consistent with the Master Plan of Development. 3. The Community Development Department shall have the On going PS authority to approve minor changes to the project to(1) increase the intensity of the project by less than 10%, (2) result in a superior site design or appearance,and/or(3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 4. All subsequent Tentative Maps and construction permits On going PS shall be consistent with the Master Plan of Development contained herein. 5. All exterior elevations,finish materials and colors for houses BP PS located on Lots 5,6 and 7shall be consistent with the Master Plan of Development as shown in Exhibit D and E. Each of the three houses shall have a unique appearance. 6. All site work,grading,site improvements,and general GP/BP PS building pad locations shall be consistent with the Master Plan of Development as shown in Exhibit C. 7. All site development shall be consistent with the maximum BP PS intensities described in the statistical project summary as • shown on Exhibit C. 8. All design and location of all yard and habitat shall be BP/F1 PS consistent with the Master Plan of Development. All fencing 063 Draft Resolution"B" November 13,2001 Page 5 of 16 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Traffic WayCluster Subdivision/PD-15 : ra Map PS:Planni services GGPPG :Grading Permit PS: svices Master Plan of Development Amendment BP:Building Permit BS:Building senses TO Temporary Occupancy FD:Fire Department CUP 2001-0040 FI:Final Inspection PD:PoliceDeparhnent PI:Public Improvements CE:City Engineer WW:Wastewater CA.City Attorney AMWC:Atasradem Mutual Water Company shall be installed in conjunction with each house. Fencing along the wetlands preserve shall be transparent and decorative and shall not conflict with any sensitive habitat areas. 9. All required tree protection measures and fencing shall be GP/BP PS installed consistent with the arborist report contained in Exhibit D. 10. Houses constructed on lots 5,6,7 and 8 shall employ a BP PS stem wall foundation technique to minimize site grading impacts consistent with Exhibit F. No filling or cutting shall occur outside of the building foot print and driveway. 11. The rear setback of all units adjacent to the wetlands BP PS preserve shall be 20-feet. 12. Front yard setbacks may be reduced on lots located with in BP PS Phase III with environmental constraints as follows: . Front Yards House/Porch 15 feet Loading Garages 18 feet 13. A decorative wood rail fence shall be provided along the BP PS Traffic Way frontage of lots 16, 17, 18,24,and 25. 14. No solid fencing taller than 3 feet in height shall be BP PS constructed within 25 feet of any street frontage. 15. The habitat area shall be fenced with a suitable barb-less BP PS wire fence mounted on wood posts. Weed abatement and required maintenance of the area shall be the responsibility of the subdivision maintenance organization. The habitat area shall be preserved in perpetuity and shall not be used in any other way including livestock grazing. 16. All lots with frontage on Traffic Way shall have a single BP PS shared access point consistent with the Tract Map. Each driveway shall include a 3-point turn around to prevent vehicles from backing onto Traffic Way. 17. All residential dwellings shall be designed and sited to BP PS minimize impacts to existing native trees. Any impacted trees shall be mitigated consistent with the requirements of the Native Tree Ordinance. 18. The park site shall be dedicated to the City of Atascadero. BP PS • Prior to any development of the park site the City shall conduct a Phase II Archaeological Survey. Significant archaeological features should be incorporated into the 064 Draft Resolution"B" November 13,2001 Page 6 of 16 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Traffic Way Cluster Subdivision/PD-15 FM:FinallMap pS:Planni GP:Grading Permit PS: Services Master Plan of Development Amendment BP:Building Permit BS:Building Services CUP 2001-0040 TO:TalInsp coon occupancy PD:P��oeartment FI:Final Inspection P PI:Public Improvements CE City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company design of the park to the extent possible. The City of Atascadero shall prepare a Park Master Plan prior to improvement. Additional environmental review will be required of lighting and parking facilities for active sports features 19. Residential lots with slopes exceeding 10%within Phases BP PS I and II shall be subject to a consolidated precise plan review process concurrently with building permits. • • 06J Draft Resolution"B" November 13,2001 Page 7 of 16 EXHIBIT B: PD-15 Master Plan of Development • Overall Site Plan and Statistics CUP 2001-0040 is Land Use Zoning Acreage Dwelling Density Ave Lot Size F� = High Density Single Family RSF-X(2 du's/ac max) 18.5 acres 38 du's 2.0 du's/ac 0.49 ac I k y i Park(Public) Recreation 6.4 acres 0 du's II !! Open Space Recreation 5.4 acres 0 du's Industrial Industrial 2.7 acres {E{ Streets 6.9 acres' Total 39.9 acres 38 du's 0.95 du's/ac X � I' t•`/ 1 / Xl� fi}x�1� � � `_��¢ If Y � �` uw�v+-s.c zrci. _ _[ __._._.___ ,I y -} Yi! I ,6 , I G � •p¢I 1 Y I Sy \ Y 1 ELin X ~- Slit 1i¢I i� I' ( r Yy r r I 19 C�; ? �! ,� �Y\j •' - l��� lipA "I 1 f!6• 1.. :l 1 !j .�_ .I i l� � e! �Y � �' �.—_.! `(, � ;! t!,?' sl��t ��� e z � � � � a �i t[ . 1_L•I � `��9 1 � 1 i �f t• 4 S.. �:�� 4s\ 't�'�1� X I , .y e-acs �\\�3` r' I \t 6 tk t \ '�� '",e- "• 1 X 1 ....� �•'�:.sr� F:�YyYk• '�ttl-� / if C ! , y r•f• r I ! ! Y2'i' \i' � t` �� •� ,�,Q Fvt t6 oil ;I § '` ` t Bg t11 ( Y •3 41 I _ 'e{ � . j-_j� _ '' I-.` ,♦\ `.� 4\\ t':... !`., •ti, .�h.I'1`, t,1� aF9�En�`� ,�'f� yly;,,( 't 1 S�E..< yr 4- 1' FILE \ 1' I{ WILY 1Y1E-Sft L�fL,1 I Phase 111 of Master Plan of COPY \\ X , Development PD-15 amended with Exhibit C. °t • X � / X 066 Draft Resolution"B" November 13,2001 Page 8 of 16 • EXHIBIT C: PD-15 Master Plan of Development Phase III Site Plan CUP 2001-0040 PHASE 3 Z / I 15' 1 9i n ' r� ` l l ! O Im O I , ZOO99* . I 01 , r � ly 1�/J r I LTi PHASE J yS• I 11 / PHASE 2 ' 067 Draft Resolution"B" November 13,2001 Page 9 of 16 EXHIBIT D:Tree Protection Recommendations • CUP 2001-0040 t . JUL- 802 UL 1 6 2001 802 PASO ROBLES STREET PASO ROBLES,CALIFORNIA 9344 805/239-1239 239-3742 C ARBOR TREE SURGERY FILE COPY This arborist report identifies all Oak Trees thought to be possibly impacted A during construction and development of Tract 2317-Phase 3 North of the confluence of Del Rio and San Anselmo Roads in Atascadero. All areas concerning the health of the trees will be detailed along with suggested mitigation measures to insure minimal damage during the construction phase occurs. The trees are labeled on the accompanying map and spreadsheet as to 1 (Live Oak number one),to 2(Live Oak number two),etc. The trees are listed/numbered into two distinct areas. The unnamed street extending North from San Anselmo Rd.to Davis Way will be identified as the San Anselmo Rd.extension for the purposes of this report.The first area contains all trees East of the San Anselm extension. Lo 1 is the tree located at the South East comer of the confluence of San Anselmo Rd.extension and Davis Way. The trees are listed in a clockwise rotation East on Davis Way to the border of Phase 3 . then South through lot 8 and West back to the confluence of San Anselmo Rd and Del Rio Rd. The second area,which is West of San Anselmo Rd.extension begins with to 26 which,is located inside the proposed house on lot 13. The trees are listed in a clockwise rotation going south parallel to the San Ansel no Rd.extension then west along Del Rio Rd. The diameter of the trees is listed on the spreadsheet to help with identification relating to tree number. The"compaction avoidance"column identifies trees where compaction problems need to be avoided. Excess soil cannot be placed within the driplines and heavy equipment should not be operated there. The"hand dig footings" column identifies trees where construction is thought to encroach into dripline areas. All digging in these areas should be done by hand and all roots larger than one inch should be left uncut. If their removal is necessary,the cuts should be made by a qualified arborist. If a trench,footing,etc.is left exposed for more than eight hours,wet burlap should then be placed over the exposed roots until the trench is refilled. The"pruning class"column identifies trees suggested to need future pruning. A class one prune has emphasis on aesthetics,removal of dead,dying and weak branches and selective thinning to lesson wind resistance. A class two prune is recommended where aesthetic conditions are secondary to structural integrity and tree health concerns. It shall consist of removal of dead,dying,decaying,interfering,obstructing and weak branches as well as selective thinning to lesson wind resistance.The tree protection column identifies the trees that are recommended to have construction fencing installed at the dripline encompassing the tree(s). If dripline encroachment is inevitable,6-10"of mulch should be placed under the tree to mitigate compaction. The"additional comments"column identifies trees that may be impacted the most. A detailed analysis for each of those trees appear below. Lo 2 is a 36"dbh tree located along Davis Way at the northeast corner of lot 12. According to the grading and drainage plan,the sewer easement runs through the dripline r 063 Draft Resolution"B" November 13,2001 Page 10 of 16 • of the tree. The two options to mitigate damage to this tree are 1: re-engineer the septic P g g P line out of the dripline or 2: bore underneath the tree at a minimum depth of 36"to avoiding disturbing the absorbing roots at the surface. The second concern for this tree is the roadway will cover approximately 30%of the dripline. The installation of porous pavers in this area would allow for proper gas exchange for the root system. Lo 4 is located north of Davis Way and east of lot 7. Currently, fill from the current construction activity is extending into the dripline. This should be removed immediately out of the dripline. Lo 8 is also located along Davis Way,just east of to 4. Multiple improper pruning cuts have been made to this tree and it is suggested that a qualified arborist return to make proper flush cuts to insure proper healing of the wounds. Lo's 12, 15, 16 and 17 appear in the plans to have their canopies extend into the proposed home on lot 8. There is significant slope on this parcel and the construction for this home may require moderate grading into the bank above the home. Hand digging is suggested. All roots encountered larger than one inch should be hand dug around. Wet burlap should be placed over the roots and kept moist until the back filling is complete if the trench is exposed for more than eight hours. A qualified arborist should perform all the pruning cuts required for these trees. Lo 36 is located just east of the proposed home on lot 10. The foundation within the dripline should be hand dug and all roots encountered larger than one inch in diameter should be dug around. Wet burlap should be placed over the roots and kept moist until back filling is complete if the trench is left exposed for more than eight hours. The • canopy will extend into the proposed home and therefore should pruned by a qualified arborist. The canopy reduction on this tree is should not more than 25%of the canopy per section 11.05 B3 of the Atascadero Tree Ordinance. Lo's 23 and 24 are located just east of the proposed home on lot 11. According to the plans,the house is located only a few feet from the trunk of these two trees. It is suggested to alter the design of the house or insure a minimum of seven feet of clearance from the trunks. All foundation digging should be hand dug. All roots larger than one inch in diameter should dug around and covered with wet burlap that is kept moist until back filling (if exposed for more than eight hours). All pruning should be performed by a qualified arborist. Lo's 26 and 27 are located on lot 13 at the south-east corner of the proposed home. Both trees are so close to the foundation(less than 2' or within the foundation) that removal is suggested. A tree replacement program for these trees may be necessary. • X69 Draft Resolution"B" November 13,2001 Page 11 of 16 The dbh of these two trees is approximately 35", therefore, 10 five gallon replacement trees would need to be planted per the Atascadero Tree Ordinance. Lo's 28-30 are located south of the above home. Dripline encroachment is inevitable and hand digging of the footings is suggested. All roots larger than one inch in diameter should be dug around covered with wet burlap that is kept moist until back filling is complete (if exposed for more than eight hours). Any necessary pruning should be completed by a qualified arborist. Lo's 35-39 are actually one multi-stemmed tree. Minor dripline encroachment will occur during the construction of the home on lot 46. All footings within the dripline should be hand dug. There is a possibility of encountering roots greater than one inch in diameter. They should be dug around. If root cutting is necessary, it should be performed by a qualified arborist. The exposed trench should be re-covered within eight hours or the roots should be covered with wet burlap. Lo's 42-51 are actually one multi-stemmed tree located 1 lot one south-east of the proposed home. Lo's 54, 55 and 56 are also a single multi-stemmed tree located at the northwest corner of the same home. Dripline encroachment when digging the footings will likely encounter roots greater than one inch in diameter. These areas should be hand dug and all roots should be dug around. All pruning of the canopy(s) and or root(s) should be completed by a qualified arborist. Lo's 52 and 53 are located near the driveway entrance for lot 1 and may require pruning for clearance. The branches should be pruned by a professional tree surgeon. To achieve compliance with the preceding recommendations, it is suggested that a monitoring program should be undertaken. During all foundation work, a certified arborist should inspect all dripline encroachment mitigation measures including all canopy pruning cuts and percentages. This would include monitoring compliance with hand digging within the driplines,proper cutting and covering of roots greater than one inch and insuring burlap is being kept wet until back filling is complete (if trenches are left exposed for more than eight hours). Steven G. Alvarez, Arbor Tree Surgery Certified Arborist#0511 0/ • 0 "0 Draft Resolution`B" November 13,2001 Page 12 of 16 t i } i O�� J4'V'h•�: j 1 Yell", � V.". x � � ► Yell", �? j �g 9 V; y • 071 Draft Resolution"B" November 13,2001 Page 13 of 16 � ff IJ— AO '�• � fit ,t. � �_ LM f I } a v j j fix"`, t K. r'-,�,' 1' C✓r. f I 'w. WT IV Aj Aj j / LP' 33 f y, `�- ; } � 1 � � { S �E• !'� } i { max" 5 A Ir ' � .. , 7e 124' 'f£ 'PHASE rp It ��,PHAS�� • 072 Draft Resolution"B" November 13,2001 Page 14 of 16 • Tree protection measures FTree sp and dbh compactbn hand dig footings removal requested future class prune tree protection additional comments number avoidance during construct. lot 48-in dbh yes 2 yes l0 2 36-in dbh yes 1 yes sewer system and roadway construction to 3 60-in dbh yes 2 yes l0 4 24 in dbh yes 1 yes excess fill in dripline to 5 36-in dbh yes 1 yes to 6 18-in dbh yes 1 yes 107 36-in dbh yes 1 yes 108 48-in dbh yes 1 yes proper pruning needed l0 9 42-in dbh yes 1 yes 1010 30-in dbh yes 1 yes loll 48-in dbh yes 1 yes to 12 18-in dbh yes yes 1 yes !excavation concerns 1013 36-in dbh yes 1 yes 1014 36-in dbh yes 1 yes 1015 18-in dbh yes yes 1 yes excavation concerns Io 16 18-in dbh yes yes 1 _yes excavation concerns b 17 15-in dbh yes yes 1 yes excavation concerns to 18 18-in dbh yes 1 yes l0 19 24 in dbh yes 1 yes l0 20 36-in dbh yes 1 yes seasonal pruning recommended l0 21 36-in dbh yes yes 2 yes to 22 10-in dbh yes 1 yes to 23 24-in dbh yes yes 1 yes severe dripline encroachment l0 2424 in dbh yes yes 1 yes severe dripline encroachment to 25 I 36-in dbh yes 1 yes to 26 20-in dbh yes yes 1 yes possible removal? l0 27 15-in dbh Yes yes 1 yes passible removal? to 28 20-in dbh yes 1 yes severe dripline encroachment l0 29 18-in dbh yes yes 1 yes severe dripline encroachment l0 30 36-in dbh yes yes 1 yes severe dripline encroachment to 31 15-in dbh yes yes 1 yes to 32 15-in dbh yes 1 yes l0 33 16-in dbh yes 1 yes 'dripline encroachment to 34 15-in dbh yes yes 1 yes (dripline encroachment to 35 15-in dbh yes yes 1 yes ;dripline encroachment l0 36 15-in dbh yes yes 1 __yes (dripline encroachment l0 37 15-in dbh yes yes 1 yes dripline encroachment b 38 15-in dbh yes yes 1 yes ,dripline encroachment 1039 15-in dbh yes yes 1 yes _4dripline encroachment 1040 30-in dbh yes 1 yes l0 41 24-in dbh yes 1 yes 1042 12-in dbh yes yes 1 yes dripline encroachment l0 43 12-in dbh yes yes 1 yes dripline encroachment to 44 12-in dbh yes yes 1 yes ;dripline encroachment l0 45 12-in dbh yes yes 1 yes dripline encroachment b 46 12-in dbh yes yes 1 yes dripline encroachment 1047 12-in dbh yes yes 1 yes dripline encroachment to 48 12-in dbh yes yes 1es y Idripline encroachment to 49 12-in dbh yes yes 1 yes dripline encroachment l0 50 12-in dbh yes yes 1 yes ,dripline encroachment to 51 12-in dbh yes yes 1 yes_ ',dripline encroachment 1052 22-in dbh yes 1 yes to 53 22-in dbh yes 1 yes 1054 20-in dbh yes yes 1 yes_ l0 55 20-in dbh yes yes 1 yes l0 56 20-in dbh yes yes 1 yes • 073 Draft Resolution"B" November 13,2001 Page 15 of 16 EXHIBIT E:Typical Elevations and Typical Floor Plans(Lots 5,6 and 7 only) • PD-15 Master Plan of Development CUP 2001-0040 wsG "VATON 0 i ' ��Tm w� 3 I ; 0 Garage to be O® located on front elevation 111110 L.Ovr sloe eLaVAInoN • .ex..vr,ro T Each unit will have -� FRo^. ,e`w"-0noN a unique color and ��- trim treatment to provide variation. -1"MMI ' OO Unit will utilize P ; stem wall INdW construction per Exhibit F .�. wo�rr sloe eigvAnoN • 074 Draft Resolution"B" November 13,2001 Page 16 of 16 EXHIBIT F:Typical Stem Wall Foundation Construction Detail (Lots 5,6,7 and 8 only) PDA 5 Master Plan of Development CUP 2001-0040 20' MIN. 19' --- MJ a FENCING AVIS WA FILL UNDER HOUSE—� & DRIVEWAY ONLY STEM WALL CONSTRUCTION EXISTING GROUND WETLANDS TYPICAL GRADING SECTION FOR LOTS 5, 6, 7 NOT TO SCALE • 075 Attachment 6: Draft Resolution"C" • Amendment of Tentative Tract Map 98013 DRAFT RESOLUTION "C" A RESOLUTION THE ATASCADERO CITY COUNCIL APPROVING AMENDMENTS TO TENTATIVE TRACT MAP 98013 THEREBY ALLOWING A TOTAL SUBDIVISION OF 44 LOTS WITH A RESIDENTIAL DENSITY OF 38 UNITS OF APN 049-033-021 CONSISTENT WITH THE PD-15 MASTER PLAN OF DEVELOPMENT CUP 2001-0040 (TTM 98013 AMENDED). (3900 Traffic Way/ Shores ) WHEREAS, an application has been received from Jim Shores (PO Box 216, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Zone Change (ZCH 2001-0015) of 0.75 acres from L/PD-15 (Recreation) to LS/PD-15 (Special Recreation), amendment of the Master Plan of Development for Planned Development 15 to relocate three building sites outside of jurisdictional wetlands (CUP 2001-0040), and the amendment of Phase III of Tract Map 2317 to change the location of lots consistent with the Master Plan of Development and create three additional lots (TTM 98013). The project is located at 3900 Traffic Way (APN 049-033-021); and, • WHEREAS, the site's General Plan Designation is REC (Recreation) and HDSF (High Density Single Family); and, WHEREAS, the site's current zoning district is L/PD-15 (Recreation) and RSF-X/ PD-15 (High Density Single Family '`/2 acre minimum); and, WHEREAS, the Planning Commission has recommended that a portion of the site be rezoned to LS /PD-15 (Special Recreation) which allows single family residential uses in conjunction with a Master Plan of Development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed public hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary,was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed public hearing held on August 21, 2001, studied and considered Tentative Tract Map 98013, • after first studying and considering re-certification of Mitigated Negative Declaration 99029 prepared for the project recommended the City Council approve the project; and, 076 Draft Resolution"C" November 13,2001 Page 2 of 16 WHEREAS, the Atascadero City Council, at a duly noticed public hearing held on November 13, 2001, studied and considered Tentative Tract Map 98013, after first studying • and considering re-certification of Mitigated Negative Declaration 99029 prepared for the project; and, NOW, THEREFORE, the City Council takes the following actions: Section One. Findings of Approval for Tentative Tract Map, the City Council of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the Planned Development Overlay District 15 Master Plan of Development(CUP 2001-0040). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. 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. 7. 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. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on November 13, 2001, resolved to approve the amendment of Tentative Tract Map (TTM 980 13)) subject to the following: 1. Exhibit A: Tentative Tract Map 98013 2. Exhibit A-1: Tentative Tract Map 98013 Phase III Amendments 3. Exhibit B: Conditions of Approval • 077 Draft Resolution"C November 13,2001 Page 3 of 16 On motion by Council Member , and seconded by Council • Member the foregoing resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Mike Arrambide, Mayor Attest: • Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • 078 Draft Resolution"C November 13,2001 Page 4 of 16 Exhibit A:Tentative Tract Map Sheet 1 • TTM 98013 It ZXa I I 1-y t gy `.y 1 yt P j t5� Q I � 158 �� 7�� Itit J rr a•a• _ �(3 lj5, tt � r 5P�l4 �► 1 '' {yy iE 5' I t � I J_€ xl1'N11 lilt t ! • ` t . �♦ y e• \ Ei � t I \` / \ sy k M COPY u X 079 Draft Resolution"C" November 13,2001 Page 5 of 16 • Exhibit A:Tentative Tract Map Sheet 2 TTM 98013 �enall / ! t _N\ [ Ylllyp�` o p w I T_F t a �'� i Ball 5 10 09 F . w g CO SEE � w Y :/) Vs q_ t OBTN -� OBAM +�. I Sri• i �� 1 �0 Yg TWEb• 1 Y 'IlePCC BIKEWAY PER ATASCAOERO OW ST&119 4 y+)I i . �• 1 �y 1 (\3L 5 OEW POSEOGR • I I I I , I I Y��. Y EX.ACWCUT (TrsARIC WAY) y,•- AC.O`EMAY M59, TYPE W. 10•wane(TW) • F �'s 4 �.1�A -- -- NOTE:NEW rfR VMUE TW S G ALL BE RASED ON I I B ti �� f I •• q9 y 1 i . � 15'.g ,� � THE tt'vAw[ar THE SUOatAOE,MO A TL of 4.0 THE! 1 I�;y• _L K c "UPPEAc iO=W 995X MAIAINEE-°`A" W1CN ll•E-SEE$HEE,1 COYPACTN)/ANO 9Oi BEIOW:tY. TYPICAL TRAFFIC WAY STREFT Sc.PON,, 71-B:O N.T.S. .. 080 Draft Resolution"C" November 13,2001 Page 6 of 16 Exhibit A-1:Tentative Tract Map Phase 111 Amendment • TTM 98013 �� I I � , `� IM gulf tfit 1 ♦ 1 fit, / j r Sty ell r / { 1 was 081 Draft Resolution"C" November 13,2001 Page 7 of 16 • Exhibit 13: Conditions of Approval Tentative Tract Map 98013 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Traffic Way GGPP:Grrading Cluster Subdivision/PD-15 :GaIi gPermit PS:PServices Tentative Tract Map 98013 Amendment BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fre Department A:Final Inspection PD:Police Department Pl:Public Improvements CE City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Warr Conpany Planning Services 1. The approval of this Tentative Tract Map shall become final On going PS and effective only following the end of the referendum period for Zone Change 2001-0015(Rezone to LS/PD-15). 2. Approval of this Tentative Parcel Map shall be valid for On going PS twenty-four(24)months after its effective date. At the end of the period,the approval shall expire and become null and void unless a final map has been filed or a time extension granted. 3. The form of the Final Tract Map shall substantially conform On going PS with the approved Tentative Tract Map shown in Exhibit A and Exhibit A-1. 4. All subsequent Tentative Maps and construction permits On going PS shall be consistent with the Master Plan of Development for PD-15 5. The applicant shall create a homeowners association or FM PS similar entity and submit agreements for the maintenance of CE all private roads,sewer facilities,drainage facilities,the open CA space area,and other common facilities. The maintenance entity and maintenance agreements shall be reviewed and approved by the City Engineer and the City Attorney. Recorded copies of formation of the maintenance entity and maintenance agreements shall be submitted to the City prior to recordation of the final map. 6. The developer shall underground all existing overhead IP PS utilities. 7. The parkland parcel shown as Lot 42 shall be offered for FM PS dedication to City of Atascadero as a public park. The dedication will occur with the understanding that the City of Atascadero is under no obligation to develop the property during any specific timeline. 8. Industrial zoned lots, less than 50 feet in depth,shall not be used for industrial uses unless additional area is obtained from the neighboring railroad property or a precise plan is approved for the site. • Draft Resolution"C" November 13,2001 Page 8 of 16 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure • Traffic WayCluster Subdivision/PD-15 FM:Frill Map GP:Grading Permit Planning PS:Pli Services Tentative Tract Map 98013 Amendment BP:Building Pend BS:Building Fire TO:Temporary Occupancy PD:Price De met FI:Final Inspection P n PI:Public Improvements CE:City Engineer WW:Wastewater CA City Atlomey AMWC:Atascadem Mutual Water Company 9. Concurrently with recordation of the Final Map,the applicant FM PS shall record an open space and wetlands preserve CE easement deed on Lot 4. The easement deed shall identify CA access rights,maintenance and liability responsibilities. Agricultural use of the property including grazing shall not be permitted. Weed abatement and property maintenance including fencing shall be the responsibility of the subdivision maintenance organization. The form of the easement shall be approved by the City Engineer and City Attorney prior to recordation. Mitigation Measures 10. All exterior site lights related to industrial uses shall utilize BP PS 1a full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. 11. Bicycle storage racks shall be provided for all industrial BP PS 3b uses and for the future park. Bike racks will be provided in convenient and secure locations. 12. Large canopy shade trees shall be provided along all IP PS 3c street frontages at intervals of no more than 50 feet on center. Trees will be installed with subdivision improvements. 13. An 8-foot wide Class I bicycle and pedestrian pathway IP PS 3d shall be provided along the northern side of Traffic Way. 14. The area shown as Lot 4 of the proposed tentative map FM PS 4a will be designated as permanent open space. Deed IP restrictions will be recorded on these parcels in On Going conjunction with the final map limiting all future use of the property to habitat preserve with limited public access. The entire perimeter of the open space area will be enclosed with a suitable habitat fence prior to construction of subdivision improvements. No utilities,grading, trenching or other construction shall occur within open space area without permits from the Army Corp of Engineers. 15. A minimum 20-foot setback shall be maintained for all FM PS 4b structures on lots adjoining the open space area. The setback shall be recorded as an easement on the final maps. 16. Prior to any site work,fencing of the open space area or IP PS 4c Final Map,the applicant shall prepare and the Army Corps FM of Engineers shall approve a wetlands delineation of the site. The Final Map may be adjusted as needed to avoid any additionally identified wetlands without Planning Commission approval 17. Oak trees#1 and#2 will be mitigated with the planting of IP PS 4d • 5-gallon Live Oak seedlings within the Habitat Area. The Draft Resolution"C November 13,2001 Page 9 of 16 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation • /Monitoring Measure Traffic Way Cluster Subdivision :Fn Y usPS:PlanningServces GGPP:Grading Permit P Tentative Tract Map 98013 Amendment BP:Building Penrit BS:Building Serves TO:Temporary Occupancy FD:Fre Departrnent FI:Fnal Inspecton PD:Police Departrnent Pl:Public Improvements CE City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Conpany number of replantings will be consistent with the requirements of the Native Tree Ordinance. 18. Oak tree#3 located east of"Davis Court"will be IP PS 4e preserved within a street planter island. 19. All other oak trees within the proximity of subdivision IP PS 4f improvements shall be fenced and protected during BP construction. Tree protection plans will be shown on all improvement plans. 20. All native trees in the proximity of street improvements will IP PS be preserved to the extent possible. Street section exceptions shall be allowed, grading altered and utilities shall be rerouted as needed to protect native trees Tree protection shall be installed and mitigation fees paid prior to the issuance of permits for subdivision improvements. All tree protection shall be shown on improvement plans. All tree protection measures recommended in the Master Plan of Development for Phase II I shall be incorporated • into the project. 21. A Phase II subsurface archaeological testing program IP PS 5a shall be conducted prior to Final Map for the industrial BP area. The City of Atascadero will conduct a Phase II subsurface archaeological testing program for the park site prior to development. To the extent possible,the design of the public park should incorporate the preservation of archaeological resources. 22. All grading plans shall include the following note: IP PS 5b Should any human remains be discovered during BP construction,then all site work shall stop immediately and the County Coroner shall be contacted. If the human remains are identified as being Native American,the California Native American Heritage Commission (NAHC) shall be contacted at 916/653-4082. 23. A storm water management plan shall be approved by the IP PS 8a Regional Water Quality Control Board prior to the issuance of permits for site grading or subdivision improvements. 24. All construction activities on the site shall comply with City IP PS 11a Noise Ordinance for hours of operations. Permitted BP construction hours will be noted on all construction plans. 25. All future industrial uses including, but not limited to, BP PS 11b • assembly,fabrication,vehicle maintenance, use of power On Going tools and other noise generating activities shall occur only within enclosed buildings and away from open doors and Draft Resolution"C" November 13,2001 Page 10 of 16 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure e Traffic Way Cluster Subdivision/PD-15 GGPP:GG�ng emift PS:Planning Services Tentative Tract Map 98013 Amendment BP Building Pemd BS:Building Services TO:Temporary Occupancy FD:Fre DeparbneM A:Final Inspection PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA City Aftomey AMWC:Atascadero Mutual Water Company windows. 26. Traffic calming elements shall be incorporated into the IP PS 15a street design for the San Anselmo Avenue extension per CE the requirement of the City Engineer. These calming measure may include, but are not limited to,corner bow- outs,textured surfacing, median islands and speed humps. 27. Common driveway access points with easements shall be FM PS 15b provided for all lots fronting Traffic Way. Back-up lots to IP Traffic Way shall have access restriction easements. BP 28. Lots 18, 19, 20 and 26 shall have an access restriction FM PS easement placed along the Traffic Way frontage. 29. The project shall comply with all applicable District GP PS 3a regulations pertaining to the control of fugitive dust(PM- 10)as contained in section 6.4 of Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: a) All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. • Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. b) All clearing,grading, earth moving,or excavation activities shall cease during periods of high winds(i.e. greater than 20 mph averaged over one hour)so as to prevent excessive amounts of dust. c) All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d) The area disturbed by clearing, grading,earth moving,or excavation operations shall be minimized so as to prevent excessive amounts of dust. e) Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. f) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast-germinating native grass seed and watered until vegetation becomes established. g) All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. h) All roadways,driveways, sidewalks,etc.to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as • possible following building pad construction. i On-site vehiclespeed shall be limited to 15 mph for Draft Resolution"C November 13,2001 Page 11 of 16 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation • /Monitoring Measure FM:Fnall Map Traffic Way Cluster Subdivision/PDA 5 GP:Grading Permit PS:Planning Services Tentative Tract Map 98013 Amendment BP:Building Pemrt BS:Building Services TO:Temporary Occupancy FD:Fre Departrnent FI:Final Inspection PD:Police Deparbnent PI:Public Improvements CE:City Engineer WW:Wastewater CA City Altaney AMWC:Atascadero Mutual Water Company any unpaved surface. j) All unpaved areas with vehicle traffic shall be watered at least twice per day, using non-potable water. k) Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. 1) Wheel washers may be required when significant offsite import or export of fill is involved. City Engineer 30. All public improvements shall be constructed in conformance PI CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 31. The applicant shall enter into a Plan Check/Inspection PI CE agreement with the City. • 32. A six(6)foot Public Utility Easement(PUE)shall be FM CE provided contiguous to the Atascadero Road property frontage. 33. The applicant shall be responsible for the relocation and/or PI CE alteration of existing utilities. 34. Slope easements shall be provided on each side of the right- PI CE of-way as needed to accommodate cut or fill slopes. 35. Drainage easements shall be provided as needed to PI CE accommodate both private and public drainage facilities 36. The applicant shall be responsible for the relocation and/or PI CE alteration of existing utilities. 37. The applicant shall install all new utilities(water,gas, PI CE electric,cable TV and telephone)underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 38. The applicant shall monument all property corners for FM CE construction control and shall promptly replace them if disturbed. 39. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the final map. • 40. All existing and proposed utility, pipeline,open space,or PI CE other easements are to be shown on the final map. If there are building or other restrictions related to the easements, 086 Draft Resolution"C" November 13,2001 Page 12 of 16 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure • Traffic WayCluster Subdivision/PDA 5 FM:FinalMap usGP:Grading Penrvt PS:Planning Services Tentative Tract Map 98013 Amendment BP:Building Peart BS:Building Senkes T0:Temporary Occupancy FD:Fm Department FI:Final Inspection PD:Police Deparbnent PI:Public Improvements CE City Engineer WW:Wastewater CA City Attorney AMWC:Atascadem Mutual Water Cor pany they shall be noted on the parcel map. The applicant shall show all access restrictions on the final map. 41. Prior to recording the parcel map,the applicant shall acquire FM CE title or interest in any off-site land that may be required to allow for the construction of the improvements required by these conditions of approval. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 42. Prior to recording the parcel map,the applicant shall submit FM CE a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 43. Prior to recording the parcel map,the applicant shall set FM CE monuments at all new property corners and a registered civil • engineer or licensed land surveyor shall indicate, by certificate on the parcel map,that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 44. Prior to recording the parcel map,the applicant shall pay all PFM CE outstanding plan check/inspection fees. 45. Prior to recording the parcel map,the applicant shall have PI CE the map reviewed by all applicable public and private utility companies(cable,telephone,gas,electric,Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company which indicates their review of the map. The letter shall identify any new easements which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 46. Upon recording the final map,the applicant shall provide the FM CE City with a black line clear Mylar(0.4 mil)copy and a blue line print of the recorded map. 47. Prior to issuance of building permits,the applicant shall PI CE submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. 48. Prior to the final inspection,the applicant shall submit a FM CE written statement from a registered civil engineer that all work has been completed and is in full compliance with the • approved plans. 087 Draft Resolution"C" November 13,2001 Page 13 of 16 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation • /Monitoring Measure Traffic WayCluster Subdivision/PD-15 FM:Final Map PS:Planning Services GP:Grading Permit BP:Building Pemit BS:Building Services Tentative Tract Map 9807 3 Amendment TO:Temporary Occupancy FD:Fire Departrnent FI:Final Inspection PD:Police Deparvnent PI:Public Inprownents CE:City Engineer WW:Wastewater CA City Attorney AMC:Atasradera Mutual Water Coepany 49. Prior to the final inspection,the applicant shall submit a FM CE written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 50. Prior to recording the final map,the applicant shall submit FM CE the drainage calculations necessary to demonstrate that existing downstream drainage facilities have adequate capacity to handle the total flow from the fully developed watershed without adverse affect on other properties. If downstream facilities do not have adequate capacity,the applicant shall design and construct improvements to the downstream facilities or the applicant shall detain storm water on-site in conformance with City Standards 51. Prior to recording the final map,the applicant shall design FM CE and construct the following street improvements. R-value testing shall be done,and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer • 52. Traffic Way shall be fully improved in conformance with City IP CE Standard Drawing No.406(Collector)along the entire property frontage or as directed by the City Engineer. A 60- foot wide offer of dedication shall be provided for Traffic Way. As an alternative to providing two 5-foot wide sidewalks along both sides of Traffic Way and upon approval of the City Engineer and the Community Development Director,the applicant will construct an 8-foot wide detached sidewalk on one side of Traffic Way and a 5- foot wide decomposed granite walkway on the other side consistent with Exhibit C. 53. The Traffic Way improvements shall incorporate a IP CE subsurface drainage system where required to remove ground water from the structural section and subgrade. The subsurface drainage system shall be constructed in conformance with Caltrans standards 54. The applicant shall improve Seperado Avenue from the IP CE intersection of San Anselmo Avenue to a point 150-feet east on conformance with City Standard drawing no.402(Rural Hillside Collector)or as directed by the City Engineer. The applicant shall submit preliminary improvement plans for the remainder of Seperado Avenue which identify the slope and drainage easements required to construct Seperado Avenue in conformance with City Standard Drawing no 402(Rural Hillside Local). The applicant shall provide the slope and drainage easements identified on the preliminary plans. • CE 55. All onsite streets shall be constructed in conformance with IP City Standard Drawing No.403(Hillside Collector)or as 088 Draft Resolution"C November 13,2001 Page 14 of 16 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure • Traffic WayCluster Subdivision/PD-15 FM:Fred Map PS:Planning Services usGP:Grading Permit BS:Building SerAces Tentative Tract Ma 98013 Amendment BP:Building Penrit Map T0:Te FD:Fire Deparhnent Temporary PD:PoliceD artnent FL Final Inspection on eP PI:Public Irnprovements CE City Engineer WW:Wastewater CA.City Attorney AMWC:Atasradero Mutual Water Corrpany directed by the City Engineer. A 50-foot wide offers of dedication shall be provided for all on-site streets. 56. The on-site cul-de-sacs shall be constructed in conformance IP CE with City Standard Drawing No.415(Typical Cul-de-Sac, Urban),or as directed by the City Engineer. 57. Street lights shall be installed at the intersection of the on- IP CE site road with Traffic Way,at the intersection of the on-site road with existing San Anselmo Avenue and at the intersection of the on-site road with the San Anselmo Avenue extension or as directed by the City Engineer and Community Development Director. 58. Pavement transitions shall be constructed in conformance IP CE with Caltrans standards or as directed by the City Engineer. 59. The existing streets adjacent to the property frontage shall IP CE be overlayed to remedy an inadequate structural section or to remedy deteriorated paving surface as directed by the City Engineer. Transitions shall be constructed between the proposed improvements and the existing improvements as directed by the City Engineer. 60. Prior to recording the final map,the applicant shall acquire FM CE title or interest in any off-site land that may be required to allow for the construction of the improvements required by these conditions of approval. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 61. Prior to recording the final map,the applicant shall design FM CE and construct the drainage improvements required to eliminate the ponding of storm water on Traffic Way. The applicant shall obtain a drainage easement and an encroachment permit from the Union Pacific Railroad to allow construction of the drainage improvements. 62. Prior to recording the final map,the applicant shall design FM CE and construct all of utility facilities(sewer,water,gas,cable, telephone,electrical,etc.)required to serve the subdivision. 63. Prior to recording the final map,the applicant shall FM CE demonstrate that those portions of the existing wastewater collection system required to convey sewage from the subdivision to Pump Station#5 have adequate capacity. The sewage flow used in the capacity calculations shall be the flow from all areas within the existing Urban Services • Line at build-out plus the flow generated by the subdivision. If the existing wastewater collections stem does not have 089 Draft Resolution"C" November 13,2001 Page 15 of 16 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation • /Monitoring Measure Traffic Way user on Cluster Subdivision/PD-15 :GaIi gP Permit PS:Planning Services GGPP:Grrading P Tentative Tract Map 98013 Amendment BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fre Deparbrent FI:Final Inspection PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadem Mutual WawConpany adequate capacity to adequately convey the sewage flow, the applicant shall design and construct improvements to the existing wastewater collection system as required by the City Engineer and the Chief of Wastewater Operations. 64. Prior to recording the final map,the applicant shall enter into FM CE an agreement with the City to pay a pro-rata share for the design and construction of upgrades to Pump Station#5. The form and content of the agreement shall be reviewed and approved by the City Attorney and the City Engineer. The applicant's pro-rata share shall be based on the anticipated average daily dry weather flow generated by the project divided by the existing average daily dry weather flow to Pump Station#5. 65. Prior to recording the final map,the applicant shall have the FM CE map reviewed by all applicable public and private utility companies(cable,telephone,gas,electric,Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company which indicates their review of the map. The letter shall identify any new easements which 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 final map. 66. Sewer mains constructed as a part of this project that will not FM CE receive flow from beyond the boundaries of this project shall be privately maintained. 67. Sewer mains constructed as a part of this project that may FM CE receive flow from beyond the boundaries of this project shall be City maintained and shall be 10"in diameter.These Public Sewer Mains shall be extended from the intersection of Del Rio Road,San Anselmo Avenue and Seperado Avenue and shall extend through the project and then east along Traffic Way to the intersection of Traffic Way and San Jacinto Avenue. If these Public Sewer Mains are installed beneath privately maintained roads, 15'maintenance easements shall be provided. 68. A 15'construction and maintenance easement between FM CE Seperado Avenue and Traffic Way,along the Northwest property line of Lot 30,shall be provided to the City for a future sewer main.A manhole in Traffic Way,with a 10"stub, shall be constructed opposite this easement. Wastewater Department 69. Private sanitary sewer lateral easments shall be provided for FM CE lots 1, 15 and 10 to gain access to the sanitary sewer main. 090 Draft Resolution"C" November 13,2001 Page 16 of 16 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation . /Monitoring Measure Traffic WayCluster Subdivision/PD-15 FM:FnallMap PS:Planning Services GP.Grating Permt BS:Building Services Tentative Tract Map 98013 Amendment BP:Building Pend TO:Temporary Occupancy FD:Fre Department FI:Fnal Inspection PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Waler Conpany Fire Department 70. Water supply mains and fire hydrants shall be designed, IP FM installed,tested and approved by the Atascadero Mutual Water Company and the Fire Department. 71. Roadways and fire hydrants shall be designed per City IP FM standards. One new fire hydrant shall be placed near the project entrance as determined by the Fire Chief. The Fire Department turnaround area shall be identified on either a public R.O.W.or on a private street. Atascadero Mutual Water Company 72. Water service is conditional upon the applicant satisfying PI AMWC the 1993 conditions of issuance of shares. 73. Water main extensions with fire hydrants will be required P► AMWC to be looped or as approved by AMWC. 74. All construction of water mains and services shall be done PI AMWC in accordance to AMWC specifications and policies. • 75. Easements that may be required for the installation of PI AMWC water mains shall be in AMWC's name with rights to the City of Atascadero. 76. Cross connection devices shall be required on lots with PI AMWC wells or springs that are served by the AMWC supply 77. Prior to the recordation of the parcel map,the applicant PI AMWC shall obtain a"Will Serve"letter from the Atascadero Mutual Water Company. 78. All water distribution facilities shall be constructed in PI AMWC conformance with Atascadero Mutual Water Company standards, policies and approved procedures. 091 Attachment 7:Approved Planning Commission Minutes 8121/01 • Flair; pq 1918 �: 1979 CAD CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting August 21, 2001 — 7:00 p.m. CALL TO ORDER Chairman Eddings called the meeting to order at 7:04 p.m. and Vice-Chairman Jeanes led the Pledge of Allegiance. ROLL CALL • Present: Commissioners Bentz, Blaser, Fonzi, Kelley, Norton Vice-Chairman Jeanes and Chairman Eddings. Absent: None Staff: Community Development Director Lori Parcells, Planning Services Manager Warren Frace, Associate Planner Jamie Kirk and Recording Secretary Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 7, 2001. 2. ACCEPTANCE OF FINAL MAP FOR LLA 2001-0021: CHALK MOUNTAIN • VILLAGE. 092 3. TIME EXTENSION FOR CONDITIONAL USE PERMIT 99008: DAVIDSON INDUSTRIAL BUILDING 1690 EL CAMINO REAL. Staff recommends: The Planning Commission adopt Resolution PC 2001-041, thereby approving a one-year extension of CUP 99008 in compliance with Section 9-2.118 of the Zoning Ordinance. MOTION: By Commissioner Fonzi and seconded by Commissioner Blaser to approve the Consent Calendar. AYES: Commissioner Fonzi, Blaser, Norton, Kelley, Bentz, Jeanes and Chairman Eddings NOES: None ABSTAIN: None Motion passed 7.0 by a roll-call vote. • PUBLIC HEARINGS Chairman Eddings informed those present that Public Hearing Item No. 6 has been pulled from the agenda. 4. CONDITIONAL USE PERMIT 2001-0027: EL VERANO TELECOMMUNICATION SITE: Proposed Conditional Use Permit to allow the construction of a 65-foot tall "mono-pine" wireless telecommunication facility. A mono-pine is a cellular antenna designed to look like a pine tree. There will be room to accommodate up to three cellular providers on the mono-pine. The site has a General Plan Designation of MDSF (Moderate Density Single-Family) and a Zoning District of RSF-Y (Residential Single Family with a minimum lot size of 1 acre with sewer and 1 %2 acres without sewer) The proposed use is a conditionally allowed use in the RSF-Y zoning district. The project is proposed on the El Verano Water Reservoir site. El Verano Road, Atascadero, CA 93422, San Luis Obispo County (APN 028-281-014). Owner: Atascadero Mutual Water Company, Applicant: Crown Communications. PROPOSED MITIGATED NEGATIVE DECLARATION 2001-0027: The Community Development Department recommends that the Planning Commission find that no significant harm would come to the environment from approval of this Conditional Use Permit, when mitigation measures are implemented. The proposed 093 Mitigated Negative Declaration is available for public review through August 17, • 2001 at 6500 Palma Avenue, Community Development Department, Room 104, from 7:00 a.m. to 6:00 p.m., Monday through Thursday. Staff Recommends: Adopt Planning Commission Resolution 2001-042 certifying proposed Mitigated Negative Declaration 2001-0027, and approving Conditional Use Permit 2001-0027 a request to construct a 65 foot tall cellular mono pine facility at the El Verano Water Reservoir site, subject to findings and conditions. Associate Planner Jamie Kirk provided the staff report and answered questions of the Commission. PUBLIC COMMENT Jay Higgins, Tacit Communications, applicant, discussed the project and answered questions of the Commission. Pat Cairns, 4895 El Verano, stated that she had not received a notice about the proposed tower in her neighborhood. She expressed concern about the overhead cables and pollution. Ms. Cairns presented a petition to the Commission signed by 25 residents in the area of the proposed tower stating their opposition based on aesthetics, unknown health risks and declining property values. (Attachment 1) James Paglia, 4875 El Verano, stated his three objections to the proposed tower installation: 1) decline in property values, 2) setting precedent for additional towers in the future, and 3) potential health risks. Chairman Eddings closed Public Comment. Commissioner Norton questioned the notification process for this project. Associate Planner Kirk stated that the project required a 300-foot radius notification, which was done. Chairman Eddings asked if heavy overhead cables would be used for the mono-pine tower. Mr. Higgins stated that all cables would be trenched. Vice-Chairman Jeanes asked the applicant to address the issues of health risks. Mr. Higgins stated that there is no "radioactive" issue involved with the tower. He stated that an engineering company had run specific calculations for points on and off the property, and not one exceeded one percent of the standard for emission of radio waves. Community • Development Director Parcells reminded the Commission that the Federal Government has preempted cities from considering this factor when determining placement of these towers. 094 Commissioner Fonzi questioned the use of radioactive suits worn by individuals working on this type of tower. Tim Callahan, Construction Manager, responded that workers are • required by the FCC to wear radioactive suits when directly in front of the antenna for a protracted length of time. He stated that there is no risk to anyone at the base of the pole. Commissioner Kelley stated that he feels comfortable with the health aspect and feels the pole blends well with the trees. His concern is with the petition and potential impacts to property values in the neighborhood. Commissioner Kelley suggested that the applicant arrange for a workshop with the neighbors. Commissioner Fonzi is concerned with setting a precedent of having these towers placed in residential neighborhoods. She also would like to see a neighborhood workshop and then have the Commission revisit the issue at a later date. Commissioner Bentz stated that communications are the lifeblood of the economy and it is important to provide homeowners and businesses with the services they have come to expect. Commissioner Bentz indicated that he would support the project. Chairman Eddings had concerns with the placement of towers in residential neighborhoods. MOTION: By Commissioner Fonzi and seconded by Commissioner Norton to continue this item to another Planning Commission meeting to follow a neighborhood meeting on the issue. AYES: Commissioners Fonzi,Norton, Blaser, Kelley, Jeanes and Chairman Eddings NOES: Commissioner Bentz ABSTAIN: None Motion passed 6:1 by a roll-call vote. Vice-Chairman Jeanes suggested that the applicant provide notification and arrange for the neighborhood meeting. The applicant stated that this was acceptable and he would work with staff to organize the meeting. 4. ZONE CHANGE 2001-0015, CONDITIONAL USE PERMIT 2001-0040, RECONSIDERATION OF TENTATIVE TRACT MAP 98013: AMENDMENT OF THE SHORES / DAVIS CLUSTER RESIDENTIAL SUBDIVISION ON TRAFFIC WAY. The proposed project consists of an amendment to the zoning district and previously approved tentative tract map. The original project was approved in 1999 and allowed 41 clustered lots with a ±5.1 acre wetlands preserve. The proposed amendment would relocate two lots that have been determined to be within jurisdictional wetlands and create three additional lots for a total of 44 lots. The zoning change request would change the zoning district of 0.7+ acres from L • (recreation) to LS (special recreation) thereby making single-family residential a conditionally allowable use. The net area of the wetlands preserve area would not be • reduced by the project. The project site has a General Plan designation of HDSF (high density single-family) and REC (recreation) with corresponding zoning districts of RSF-X (single-family residential %2 acre min.) and L (recreation). The project is located at 3900 Traffic Way (APN 049-033-021). Owner and Applicant: Jim Shores. PROPOSED ENVIRONMENTAL DETERMINATION: MITIGATED NEGATIVE DECLARATION RE-CERTIFICATION: Based on the findings of an expanded Initial Study, a Mitigated Negative Declaration was certified for the project on November 9, 1999 consistent with the California Environmental Quality Act. The Initial Study determined that the project would have a less than significant environmental effect when mitigation measures are incorporated into the project. Staff is recommending that the Planning Commission recommend re-certification of the Mitigated Negative Declaration that was previously adopted for GPA 98002, ZCH 98004, TTM 98013 based on the findings that no new environmental impacts would occur that have not been previously analyzed and mitigated. Staff Recommends.- 1. ecommends:1. Adopt Resolution No. PC 2001-047, recommending that the City Council re- certify the previously approved Mitigated Negative Declaration 99029; and, 2. Adopt Resolution No. PC 2001-048, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2001-0015; and, 3. Adopt Resolution No. PC 2001-049, recommending that the City Council approve the amendment of the Master Plan of Development for PD-15 (CUP 2001-0040) subject to Conditions of Approval and Exhibits; and, 4. Adopt Resolution No. PC 2000-050, recommending the City Council approve amendment of Tentative Tract Map 98013 subject to Conditions of Approval and Exhibits. Planning Services Manager Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Russ Thompson, representing the applicant Jim Shores, stated that they agreed with the staff report and had worked hard to fine tune the project and identify sensitive areas. • 096 John Birch, 14650 Morro Road, gave the Commissioners a report entitled "Archeological Damage Assessment" and urged the Commission to look at the report, specifically pages five • through seven. Joan O'Keefe, 9985 Old Morro Road East, read from a prepared statement expressing her concern for the protection of native trees on the site. (Attachment 2) Chairman Eddings questioned whether tree protection was in place prior to the commencement of construction. Mr. Thompson stated that tree protection was spelled out on the plans approved prior to construction. He was unaware of any problem with tree protection on the site. Regarding archeological damage, Mr. Thompson indicated that archeological reports are ongoing as work is evolving. Some minor damage was done during trenching underneath Traffic Way and revisions are being made regularly based on the archeologist's reports in an effort to eliminate the impacts. Chairman Eddings closed Public Comment. Commissioner Kelley indicated he would support the project based on the fact that there is an archeologist's report on file. Commissioner Blaser stated that he could support the project if it were conditioned to have an on-site arborist monitoring the project. Planning Services Manager Frace recommended • this be added to Resolutions 49 and 50. Commissioner Fonzi felt there were safety issues with the sharp corner at Del Rio Road, and was concerned with the setback reduction for the homes bordering the wetland area. She did not see the rationale for granting the applicant three additional lots. She is in favor of the Resolution with the exception of the zone change. Chairman Eddings felt that a greater supply of housing would contain the price and he would not have a problem with adding more density to the site. Commissioner Bentz expressed his concern with the lack of communication and willingness to cooperate between all parties concerned. He would be willing to take action that would include a tree monitoring program with an arborist on-site, the ability to issue a stop work order for any violation of any of the project conditions and denial of the zone change. MOTION: By Commissioner Fonzi and seconded by Commissioner Bentz to adopt Resolution No. PC 2001-047, recommending that the City Council re- certify the previously approved Mitigated Negative Declaration 99029. AYES: Commissioners Fonzi, Bentz, Blaser, Kelley,Norton, Jeanes and Chairman Eddings NOES: None • 097 • ABSTAIN: None Motion passed 7.0 by a roll-call vote. MOTION. By Commissioner Fonzi and seconded by Commissioner Bentz to adopt Resolution No. PC 2001-049, recommending that the City Council approve the amendment of the Master Plan of Development for PD-15 subject to Conditions of Approval and Exhibits. Conditions of Approval would be altered to include: 1) Tree monitoring, 2) arborist on site, and 3) allowing a stop work order. AYES:Commissioners Fonzi, Bentz, Kelley, Norton, Blaser, Jeanes and Chairman Eddings NOES: None ABSTAIN.• None Motion passed 7:0 by a roll-call vote. • MOTION. By Commission Fonzi and seconded by Commissioner Bentz to adopt Resolution No. PC 2000-050, recommending the City Council approve amendment of Tentative Tract Map 98013 subject to Conditions of Approval as previously stated and Exhibits. AYES:Commissioners Fonzi, Bentz, Norton, Kelley, Blaser, Jeanes and Chairman Eddings NOES: None ABSTAIN. None Motion passed 7:0 by a roll-call vote. MOTION. By Commissioner Fonzi and seconded by Commissioner Bentz that the Commission deny Resolution No. PC 2001-048, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2001-0015. AYES:Commissioners Fonzi and Bentz • NOES: Commissioners Kelley, Norton, Blaser, Jeanes and Chairman Eddings 098 ABSTAIN: None Motion failed 5:2 by a roll-call vote. MOTION. By Chairman Eddings and seconded by Commissioner Kelley to adopt Resolution No. PC 2000-048, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2001-0015. AYES:Commissioners Kelley, Norton, Blaser, Jeanes and Chairman Eddings NOES: Commissioners Fonzi and Bentz ABSTAIN: None Motion passed 5:2 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS Community Development Director Parcells announced that Item No. 6 on the agenda would • be rescheduled for the September 4th Planning Commission meeting. Also, there will be a study session for the Planning Commission with the City Attorney on October 30, 2001. COMMISSIONER COMMENTS & REPORTS None ADJOURNMENT Chairman Eddings adjourned the meeting at 8:55 p.m. to the next regularly scheduled meeting of the Planning Commission on September 4, 2001 at City Hall in the 4th Floor Rotunda, 6500 Palma Avenue, Atascadero. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary • 099 ' ITEM NUMBER: B-2 DATE: 11/13/2001 rg aa 1-97-9 Atascadero City Council Staff Report- Community Development Department Appeal of Tentative Parcel Map 2001-0018 Conditions 10 and 11 2000 Ferrocarril Road (Gearhart/ Wilson Land Surveys) REPORT IN BRIEF: The subject project was reviewed and approved by the Planning Commission at the October 16, 2001, Planning Commission meeting. At the meeting the Planning Commission discussed at length two project conditions that required a public access easement across one of the parcels to provide public access to the Salinas River Area. The project as conditioned will require the future property owner of Parcel 2 to maintain the public easement area. The • question of maintenance and liability of the easement area were discussed by the Planning Commission, however the motion to approve the project did not release the property owner from maintenance requirements of the easement area. On October 24, 2001, the City received a letter of appeal from Councilman Jerry Clay Sr. 11 0 $• � Proposed Easement Location r ;'• - � � Eft. �// it � •..� �,.;�..., '' h eF a • Salinas River Area / De Anza Trail 101 The PlanningCommission staff report, the final Planning Commission Resolution of • p g Approval, the Planning Commission meeting minutes, and the appellant's letter of appeal have been attached for background information. ATTACHMENTS: Attachment 1 -- Planning Commission Staff Report Attachment 2 Final Planning Commission Resolution Attachment 3 -- Planning Commission Minutes (10/16/01) Attachment 4 -- Letter of Appeal • • 102 ITEM NUMBER: 2 DATE: 10/16/01 i 1918 ^ �, 1979 Planning Commission Staff Report Public Hearing Tentative Parcel Map 2001-0018 (AT 01-060) 2000 Ferrocarril Road (Gearhart/Wilson Land Surveys) SUBJECT: TENTATIVE PARCEL MAP 2001-0018: A proposed Tentative Parcel Map application to allow a 2-lot subdivision permitting the construction of two single-family residences. The site has a General Plan Designation of SSF (Suburban Single-Family) and a Zoning District of RS (Residential Suburban with a minimum lot size of 2.8 acres based on performance standard calculation). The project is proposed on a vacant 6.33 acre lot at 2000 Ferrocarril Road, • Atascadero, CA 93422, San Luis Obispo County(APN 049-291-005). RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution No. PC 2001-054, certifying proposed Mitigated Negative Declaration 2001-038 and approving Tentative Parcel Map 2001-0018, a request to subdivide a 6.33 acre lot into two parcels; 2.82 acres and 3.51 acres each, based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422,Phone: 805-712-5565 2. Representative: Wilson Land Surveys, 7400 Morro Road, Atascadero, CA 93422, Phone: 805-466-2445 3. Project Address: 2000 Ferrocarril Road,Atascadero, CA 93422 APN 049-291-005 4. General Plan Designation: Suburban Single Family • 104 ITEM NUMBER: 2 DATE: 10/16/01 • 5. Zoning District: RS (Residential Suburban, with a minimum lot size of 2.70 acres (gross) based on the performance standards calculation) 6. Site Area: 6.33 Acres (gross) 7. Existing Use: Single Family Residence Under Construction 8. Environmental Status: Proposed Mitigated Negative Declaration posted September 21, 2001. Site description: The site is a relatively flat lot located at the end of Ferrocarril Road. The project site is adjacent to the Juan Bautista De Anza Trail and the Salinas River area, the 100- year flood plain line follows the north side of the project boundary. The site is currently vacant; however, a building permit has been issued for construction of one single-family residence. _ Juan Bautista De Anza Trail rim PAWL-aGY \ • .... • \ !rte �`_-- e ,•....... RIM PARM \ ' py.• ^�, a_ w�° 100-Year Flood Boundary iBAT 4 t -� `f r 3►sA OYM M1V V. 10 •• 10 inn 110. sPR08 CO. AARCEL h 't / LOT 22 BLK 20 LOT 49 BLK.10 •/ rra ��\♦ � AT a as.o as �-.,•,' OWPHIC lC1ti LOT 23 BLK.10 rwra I ai/e aur • 105 ITEM NUMBER: 2 DATE: 10/16/01 DISCUSSION: The subdivision is consistent with the general plan and zoning regulations. The general plan and zoning maps designate the property for "Single Family Residential" uses. Subdivision of this property does not change this designation. The parcels are zoned Residential Suburban with a minimum lot size of 2'/2 acres — 10 acres. Based on the calculations of the performance standards, the minimum lot size for each parcel is 2.80 acres. Both parcels exceed the minimum parcel size requirement. Subdivision Design: The subdivision will allow the creation of one new parcel. Both lots will have frontage on Ferrocarril Road and will be accessed by a common driveway. Adequate building sites exist on both lots, and construction of the homes within the building sites shown on the tentative map can be accomplished without removing native trees. is Building Site for Proposed Parcel 2 Building Site for Proposed Parcel 1 ��.g PVN r ib f � Entrance to the project site from Ferrocarril Road Common access drive to serve proposed parcels .4 .1. ITEM NUMBER: 2 • DATE: 10/16/01 Percolation tests have been provided for each lot and the tests indicate that the soil is suitable for an on-site septic system (35 minutes/inch). Atascadero Mutual Water Company will provide water to the new residences and future utilities to the new lot will be required to be placed underground. Parcel 1 exceeds a 3:1 depth to width ratio. The City's Subdivision Ordinance states that "Lots with a ratio of depth to width greater than 3:1 shall not be permitted unless there is adequate assurance that deep lot subdivisions and subsequent development will be accomplished without detriment to adjacent properties." Based on the minimum lot size calculations, the lots can not be further subdivided, therefore, it appears that there is adequate assurance that this deep lot subdivision and subsequent development will be accomplished without detriment to adjacent properties. The appropriate finding has been included in the draft resolution of approval. Public Access to Public Waterways: Section 66478.5 of the State Subdivision Map Act states that no local agency shall approve a tentative map of any proposed subdivision to be fronted upon a public waterway which does not provide for a dedication of a public easement along a portion of the bank of the river or stream bordering or lying within the proposed subdivision. Staff has conditioned the project to provide an unobstructed, eight-foot wide walking path within a 20-foot wide public access • easement along the east property line of proposed Parcel 2. The easement will ensure public access to the Salinas River and the Juan Bautista De Anza Trial. W W, ' - : y: Proposed public access easement will follow fence line Public Improvements: The City Engineer has inspected the existing improvements in the public right-of-way and found them to be adequate. Environmental Review: • The Initial Study concluded that there would be no significant harm to the environment as a result of this subdivision, when mitigation measures are implemented. Archeological 107 ITEM NUMBER: 2 DATE: 10/16/01 . resources were identified as a resource that could potential be impacted by the proposed development, however, the site has historically been disturbed by illegal off-road vehicles, dumping and previous mining activities and disturbance of any cultural resources is expected to be insignificant.. A proposed Mitigated Negative Declaration has been prepared for the project and certification of the Mitigated Negative Declaration is included in draft Planning Commission Resolution 2001-054. The mitigation measure for archeological resources is listed below. Mitigation Monitoring Program Timing Responsibility/Monitoring FM: Final Map PS:Planning Services BS:Building Services 2000 Ferrocarril Road GP:Grading Permit FD:Fire Department TPM 2001-0019 BP:Building Permit DFG: Department of Fish and TO:Temporary Game Occupancy CE:City Engineer F0:Final Occupancy RWQCB: Regional Water PI: Public Improvements Quality Control Board CA City Attomey AMWC: Atascedero Mutual Water Company Planning Services 1. In the event of the accidental discovery or recognition of human Ongoing PS remains in any location the following actions shall be taken: There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: a.) The San Luis Obispo County Coroner is contacted to determine that no investigation of the cause of death is required, and b.) If the coroner identifies the remains to be native american,the coroner shall contact the Native American Heritage Commission. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased native american. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work,for means of treating or disposing of,with appropriate dignity,the human remains and any associates grave goods as provided in Public Resources Code Section 5097.98,or Where the following conditions occur,the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance. a.) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours of being notified by the commission b.) The descendant identified fails to make a recommendation;or c.) The landowner or his authorized representative rejects the recommendation of the descendant and the mediation by the Native American Commission fails to provide measures acceptable to the landowner. • 108 ITEM NUMBER: 2 DATE: 10/16/01 CONCLUSIONS: The subdivision is consistent with the General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements and the size and shape of the proposed lots are consistent with the character of the immediate neighborhood and the public access easement is_required by the State Subdivision Map Act. If approved, the project would allow for the construction of one additional single-family residence. The map should be approved as conditioned. ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the subdivision if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. • 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Jamie L. Kirk, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan&Zoning) Attachment 2 -- Minimum Lot Size Calculation Attachment 3 -- Draft Resolution PC 2001-054 • 109 ITEM NUMBER: 2 DATE: 10/16/01 • ATTACHMENT 1: Location Map(General Plan/Zoning) TPM 2001-0018 2000 Ferrocarril Road Project Site: 2000 Ferrocarril Road GP: Suburban Single Family Zoning: Residential Suburban y _ _ ngjt 4 W Me AV Rf um 1-2,21 �m _ � f r • 110 ITEM NUMBER: 2 • DATE: 10/16/01 ATTACHMENT 2: Minimum Lot Size Calculations TPM 2001-0018 2000 Ferrocarril Road minimum Lot. SiZe Crit6 For the Residential Suburban Zozle_ Address Ferrocarrl Road APN 049-291 1005 Lot Size 6.33 Aeres Contact Kelly Gear, Lot Size Factors Distance from Center 0-8,000 = .20, 12-14,000 0.4 of Community 8-10,000 =.25 10-12,000=.30, 12- 14,000= .40, 14-16,000= .50, 16-18,000= .60, 18-20,000= .75, > 20,000 = .90 Septic Suitability >20 min/inch=.50 35 min/in) 0.75 (perk rate) 20-39 min/inch=.75 40-59 min/inch= 1.00 < 60 min/inch= 1.50 Average Slope 0-10% =.5, 11-20%= .75, 17% 0.75 21-25%= 1.0, 26-30%=1.25, 31- 35% =1.75, 36-40%_ 2.00 Access Condition City accepted road=.40 0.4 Paved road less than 15%=.40 Paved road more than 15%=.50 All weather less than 15%= .75 All weather more than 15% = 1.00 Unimproved less than 15%= 1.25 Unimproved more than 15%= 1.5 Average Lot Size 2.49 0.50 Within 1500 Feet acres Minimum 2.798 • Lot Size= - f11 ITEM NUMBER: 2 DATE: 10/16/01 • ATTACHMENT 3: Draft Resolution PC 2001-054 TPM 2001-0018 2000 Ferrocarril Road DRAFT RESOLUTION NO. PC 2001-054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TENTATIVE PARCEL MAP TO DIVIDE RESIDENTIAL PROPERTY AT 2000 FERROCARRIL ROAD INTO TWO LOTS (TPM 2001-0018/AT 01-060/Gearhart/Wilson Land Surveys) WHEREAS, Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 (Owner/Applicant), applied for a Tentative Parcel Map to divide a 6.33 acre lot into two parcels 2.82 (gross) and 3.51 acres (gross) each; and, WHEREAS,the proposed project has a General Plan Designation of Suburban Single Family (SSF) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Suburban (RS) zoning district (minimum lot size of 2.80 acres (gross) based on performance standards), which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2001-038 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 held a duly noticed public hearing to consider the proposed Mitigated Negative Declaration and Tentative Parcel Map application on October 16, 2001 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE,the Planning Commission takes the following actions: SECTION 1. Certification of Mitigated Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2001-038 based on the following findings: 1. The Mitigated Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 112 ITEM NUMBER: 2 DATE: 10/16/01 • 2. The project does not have theotential to degrade the environment when P g mitigation measures are implemented; and, 3. The project will not achieve short-term to the disadvantage of long-term environmental goals, when mitigation measures are implemented; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable, when mitigation measures are implemented; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly,when mitigation measures are implemented. SECTION 2. Findings for approval of subdivision. The Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 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 subdivision is consistent with the character of the immediate neighborhood. 7. 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. 8. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 9. The proposed subdivision will be accomplished without detriment to the adjacent properties. 10. Parcel 1 exceeds a 3:1 depth to width ratio however it appears that there is adequate assurance that deep lot subdivisions and subsequent development will be accomplished without detriment to adjacent properties SECTION 3. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2001-0018 for the division of a 6.33 acre lot into two parcels; 2.82 acres (gross) and 3.51 acres (gross) each, subject to the following Conditions and Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map 2001-0018 • ITEM NUMBER: 2 DATE: 10/16/01 • On motion by Commissioner and seconded by Commissioner ,the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Royce Eddings, Planning Commission Chairperson • ATTEST: Lori Parcells, Director Community Development Department • 114 ITEM NUMBER: 2 DATE: 10/16/01 • EXHIBIT A. Conditions of Approval Draft Resolution PC 2001-054 TPM 2001-0018 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 2000 Ferrocarril Road PM:Parcel Map PS:Pla GP:Grading Penn nn ng Sery ces TPM 2001-0018 BP:Budding Permit BS:Budding Services T0:Temporary Occupancy FD:Fire Departrnent F0:Final Occupancy PD:Police Department PI:Public Improvements CE City Engineer WW:Wastewater CA City Attorney AMWC:Abwadero Mutual Water Comparry Planning Services Standard Planning Conditions 1. The approval of this application shall become final, subject PM PS to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the 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 Parcel Map shall be valid for two PM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the PM 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. 5. The subdivider shall defend, indemnify, and hold harmless Ongoing CA the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The granting of this entitlement shall apply to the property Ongoing PS located at 2000 Ferrocarril Road (Lot 23, Block 20, Atascadero Colony)regardless of owner. 7. The parcel map shall be subject to additional fees for park PM PS • or recreation purposes (QUIMBY Act) as required by City Ordinance. 115 ITEM NUMBER: 2 DATE: 10/16/01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 2000 Ferrocarril Road PLt Parcel map GR Gracing Pemit PS:Planning Services TPM 2001-0018 BR Building Permit BS:Building Services TO:Terrpaa y Gccapancy FD:Fee DepatneM FO:Final Ocu paccy M Police Depatmert PI:Public Improvements CE City Engireer WW:Wastewater Ck City Ab mey AMWC:Alascadero Mutual WaterCanpary CEQA Mitigation Measure 8. In the event of the accidental discovery or recognition of Ongoing PS 5.d. human remains in any location the following actions shall Contractor be taken: Property owner There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: a.) The San Luis Obispo County Coroner is contacted to determine that no investigation of the cause of death is required, and b.) If the coroner identifies the remains to be native american, the coroner shall contact the Native American Heritage Commission. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased native american. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work,for means of treating or disposing of, with appropriate dignity, the human remains and any associates grave goods as provided in Public Resources Code Section 5097.98, or Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance. a'.) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours of being notified by the commission b.) The descendant identified fails to make a recommendation; or c.) The landowner or his authorized representative rejects the recommendation of the descendant and the mediation by the Native American Commission fails to provide measures acceptable to the landowner. Project Specific Planning Conditions 9. All construction activities shall cease and the Planning Ongoing PS Department shall be notified if the event that any archeological resources are unearthed or discovered during construction. This includes human archeological resources as well as non-human artifacts. • ITEM NUMBER: 2 DATE: 10/16/01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 2000 Ferrocarril Road PM:Parcel Map GP:Gradin Permit PS:Planning Services TPM 2001-0018 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy PD:Police Department PI:Puck Improvements CE City Engineer WW:Wastewater CA City Aftxney AMWC:Atascadero Mutual Water Company 10. A 20-foot wide public access easement along the east PM Pg property line of proposed parcel 2 shall be provided on the Final Parcel Map. 11. An unobstructed eight-foot wide walking path shall be PM Pg provided within the 20-foot wide public access easement. Engineering Conditions: 12. All public improvements or improvements in the public right- BP CE of-way shall be secured with a 100% performance guarantee and a 50% labor and materials guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 10% maintenance guarantee shall be posted to cover the improvements for a • period of 1 year from the date of the final inspection. The guarantee amounts shall be based on an engineers estimate submitted by the project engineer and approved by the City Engineer. The estimate shall be based on City standard unit prices.The guarantees posted for this project shall be approved by the City Attorney. 13. The applicant shall acquire title interest in any off-site land BP CE that may be required to allow for the construction of the improvements.The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 14. An encroachment permit shall be obtained prior to the BP CE issuance of a building permit. 15. A 6-foot wide public utility easement shall be provided PM CE contiguous to the Ferrocarril Road property frontage along the proposed Parcel 2. 16. Slope easements shall be provided as needed to PM CE accommodate cut or fill slopes. 17. All public improvements shall be constructed in BP/PM CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. • 18. The applicant shall enter into a Plan Check/Inspection BP CE agreement with the City. 11 '7 ITEM NUMBER: 2 DATE: 10/16/01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 2000 Ferrocarril Road GP'PardMap PS:Planning services GP:Gradng Pertrvt BP:BuilQing Permit BS:Bung Services TPM 2001-0018 TOr.Temporary Occupancy FD:Fire Depatment FO:Final Occupancy PD:Police Depahnent Pl:Public Improvements CE City Engineer WWI.Wastewater CA City Atbrney AMWQ Atascadero Mutual WatK Go"any 19. Drainage easements shall be provided as needed to BP CE accommodate both public and private drainage facilities. 20. The applicant shall be responsible for the relocation and/or BP CE alteration of existing utilities. 21. Drainage shall cross lot lines only where a drainage BP CE easement has been provided. Drainage from off-site areas shall be conveyed across the project site in drainage easements. 22. The applicant shall install all new utilities (water, gas, BP CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement 23. The applicant shall monument all property corners for Ongoing CE construction control and shall promptly replace them if • disturbed. 24. A preliminary subdivision guarantee shall be submitted for PM CE review in conjunction with the processing of the parcel map. 25. All existing and proposed utility, pipeline, open space, or PM CE other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements,they shall be noted on the parcel map. 26. Prior to recording the parcel map,the applicant shall submit PM CE a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 27. Prior to recording the parcel map, the applicant shall set PM CE monuments at all new property corners and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 28. Prior to the map being placed on the agenda for City PM CE Council acceptance, the map shall be signed by the City Engineer. 29. Prior to recording the parcel map,the applicant shall pay all PM CE • outstanding plan check/inspection fees. 118 ITEM NUMBER: 2 • DATE: 10/16/01 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 2000 Ferrocarril Road PM:Parcel Map GP:Grading Permit PS:Planning Services TPM 2001-0018 BP:Building Pemvt BS Building Services TO:Temporary Occupancy FD:Fire Departrnent FO Final Occupancy PD:Ponce Department PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company 30. Prior to recording the parcel map, the applicant shall have PM CE the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company).The applicant shall obtain a letter from each utility company which indicates their review of the map. The letter shall identify any new easements which may be required by the utility company.A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 31. Upon recording the parcel map, the applicant shall provide PM CE the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 32. Prior to the final inspection, the applicant shall submit a FO CE written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. • 33. Prior to the final inspection, the applicant shall submit a FO CE written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 34. Prior to recording the parcel map, the applicant shall PM CE complete all improvements required by these conditions of approval. 35. Prior to issuance of building permits, the applicant shall BP CE submit a grading and drainage plan incorporating erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company: 36. Prior to recording the map, the applicant shall submit plans PM AMWC showing the water distribution facilities required to serve the subdivision for review and approval by the Atascadero Mutual Water Company.The plans shall show the facilities required for fire protection. 37. Prior to recording the parcel map the applicant shall obtain PM AMWC a "Will Serve" letter from Atascadero Mutual Water Company. 38. All water distribution facilities shall be constructed in • conformance with the Atascadero Mutual Water Company standards, policies and approved procedures. 119 ITEM NUMBER: 2 DATE: 10/16/01 • Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 2000 Ferrocarril Road �Parcel PPeemrt PS:Planning Services TPM 2001-0018 BP:Building Pemft BS:Building Services TO:Tearcrary Occupancy FD:Fre Deparinent FO:Final Occupancy PD:Police Department PI:Punic Improvements CE City Engineer WW:Wastewater Ca:City Ataxy AMWC:Atascadero Mutual Water CmVarry 39. Prior to the issuance of building permits,the applicant shall BP AMWC pay all installation and connection fees required by the Atascadero Mutual Water Company. 40. The applicant shall provide a 50-foot wide access PM AMWC easement and a 50-foot wide water main easement for the Atascadero Mutual Water Company, as shown on the tentative Map, unless an alternative easement location is approved by the Atascadero Mutual Water Company. s 120 ITEM NUMBER: 2 • DATE: 10/16/01 EXHIBIT B: Approved Tentative Parcel Map Draft Resolution PC 2001-054 TPM 2001-0018 a is kill .° ij !sill ON 20-Foot Public Access Easement J d _ i ICV 121 Attachment 2: Final Planning Commission Resolution TPM 2001-0018 • RESOLUTION NO. PC 2001-054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TENTATIVE PARCEL MAP TO DIVIDE RESIDENTIAL PROPERTY AT 2000 FERROCARRIL ROAD INTO TWO LOTS (TPM 2001-0018/AT 01-060 /Gearhart/Wilson Land Surveys) WHEREAS, Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 (Owner/Applicant), applied for a Tentative Parcel Map to divide a 6.33 acre lot into two parcels 2.82 (gross) and 3.51 acres (gross) each; and, WHEREAS, the proposed project has a General Plan Designation of Suburban Single Family (SSF) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Suburban (RS) zoning district (minimum lot size of 2.80 acres (gross) based on performance standards), which allows for the proposed use and density when certain findings are made; and, • WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2001-038 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 held a duly noticed public hearing to consider the proposed Mitigated Negative Declaration and Tentative Parcel Map application on October 16, 2001 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Mitigated Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2001-038 based on the following findings: 1. The Mitigated Negative Declaration has been completed in compliance with requirements of the,California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment, when mitigation measures are implemented; and, 3. The project will not achieve short-term to the disadvantage of long-term • environmental goals, when mitigation measures are implemented; and, 122 4. The project does not have impacts which are individually limited, but cumulatively considerable, when mitigation measures are implemented; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly, when mitigation measures are implemented. SECTION 2. Findinis for approval of subdivision. The Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 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 subdivision is consistent with the character of the immediate neighborhood. 7. 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. 8. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. • 9. The proposed subdivision will be accomplished without detriment to the adjacent properties. 10. Parcel 1 exceeds a 3:1 depth to width ratio however it appears that there is adequate assurance that deep lot subdivisions and subsequent development will be accomplished without detriment to adjacent properties SECTION 3. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2001-0018 for the division of a 6.33 acre lot into two parcels; 2.82 acres (gross) and 3.51 acres (gross) each, subject to the following Conditions and Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map 2001-0018 On motion by Commissioner Kelley and seconded by Commissioner Bentz, the foregoing resolution is hereby adopted with the following amendments by the following roll call vote: Condition 11 shall be revised to read: An eight-foot wide pedestrian and equestrian path with vehicular blocking features shall be provided within the 20-foot wide public access easement. • Condition 40 shall be revised to read: The applicant shall provide a 50-foot wide access easement and a 50-foot wide water main easement for the Atascadero Mutual Water 123 Company, as shown on the tentative map, unless an alternative easement location is agreed upon by the applicant and the Atascadero Mutual Water Company. • The following conditions shall be added to the project: Condition 41: A provision for emergency access shall be included in the 50-foot wide easement shown on the tentative parcel map in favor of Parcel 1 and Parcel 2. The easement shall be recorded on the final parcel map. Condition 42: A gate shall be installed at the project entrance and a gate shall be installed at the end of the driveway serving Parcel 1 prior to the recordation of the final parcel map. Knox locks shall be provided on each gate. AYES: Commissioners, Kelley, Bentz, Blaser, O'Malley, Fonzi,Norton (6) NOES: (0) ABSENT: Commissioner Eddings (1) ADOPTED: October 16, 2001 CITY OF ATASCADERO, CA Bob Kelley, Acting Planning Commission Chairperson ATTEST: Warren M. Frace, Interim Director Community Development Department • 124 EXHIBIT A: Conditions of Approval Resolution PC 2001-054 TPM 2001-0018 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 2000 Ferrocarril Road PM:Parcel Map GP:Grading Permit PS:Planning Services TPM 2001-0018 BP Building Permit BS:Builclin9 Services TO:Temporary Occupancy FD:Fre Department F0:Final Occupancy PD:Police Department Conditions Amended at the 10-16-01 Planning Commission PI:Public Improvements �w Engineer ater Hearing Ca CityAttorney AMWC:Atascadero Mutual WaW Company Planning Services Standard Planning Conditions 1. The approval of this application shall become final, subject PM PS to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the 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 Parcel Map shall be valid for two PM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the PM 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. 5. The subdivider shall defend, indemnify, and hold harmless Ongoing CA the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The granting of this entitlement shall apply to the property Ongoing PS located at 2000 Ferrocarril Road (Lot 23, Block 20, Atascadero Colony)regardless of owner. 7. The parcel map shall be subject to additional fees for park PM PS or recreation purposes (QUIMBY Act) as required by City Ordinance. • 125 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 2000 Ferrocarril Road PR'Pam Map PS:Planning Services G7(,Yarling Permit TPM 2001-0018 BP:Budding PenTA BS:Building Services Mr.Tenporary Occupancy FD:Fire Deparanent FO:Final Occupancy PD:Police Departrnent Conditions Amended at the 10-16-01 Planning Commission Pl.PubGclnprovements Engineer CE: W asIlewatu Hearing CA cdy Attorney AMwC:Atascadero Mutual water Company CEQA Mitigation Measure 8. In the event of the accidental discovery or recognition of Ongoing PS 5.d. human remains in any location the following actions shall Contractor be taken: Property owner There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: a.) The San Luis Obispo County Coroner is contacted to determine that no investigation of the cause of death is required, and b.) If the coroner identifies the remains to be native american, the coroner shall contact the Native American Heritage Commission. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased native american. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associates grave goods as provided in Public Resources Code Section 5097.98, or Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance. a.) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours of being notified by the commission b.) The descendant identified fails to make a recommendation;or c.) The landowner or his authorized representative rejects the recommendation of the descendant and the mediation by the Native American Commission fails to provide measures acceptable to the landowner. Project Specific Planning Conditions 9. All construction activities shall cease and the Planning Ongoing PS Department shall be notified if the event that any archeological resources are unearthed or discovered during construction. This includes human archeological resources as well as non-human artifacts. 10. A 20-foot wide public access easement along the east PM PS property line of proposed parcel 2 shall be provided on the Final Parcel Map. • 126 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation • /Monitoring Measure PM:Parcel Map 2000 Ferrocarril Road GP:Grading Pemtit PS:Planning Services TPM 2001-0018 BP:Building Pemat BS:Building Services TO:Temporary Occupancy FD:Fire Departrnent F0:Final Occupancy PD:Police Depa lr ent Conditions Amended at the 10-16-01 Planning Commission PI:Publiclmprovements Engineer �W astewater Hearing cn City Att0fi1Qy AMC:arascadem Mutual WaterCpnpany 11. An eight-foot wide pedestrian and equestrian path with PM PS vehicular blocking features shall be provided within the 20-foot wide public access easement. Engineering Conditions: 12. All public improvements or improvements in the public right- BP CE of-way shall be secured with a 100% performance guarantee and a 50% labor and materials guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 10% maintenance guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based on an engineers estimate submitted by the project engineer and approved by the City Engineer. The estimate shall be based on City standard unit prices. The guarantees posted for this project shall be approved by the City Attorney. • 13. The applicant shall acquire title interest in any off-site land BP CE that may be required to allow for the construction of the improvements.The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 14. An encroachment permit shall be obtained prior to the BP CE issuance of a building permit. 15. A 6-foot wide public utility easement shall be provided PM CE contiguous to the Ferrocarril Road property frontage along the proposed Parcel 2. 16. Slope easements shall be provided as needed to PM CE accommodate cut or fill slopes. 17. All public improvements shall be constructed in BP/PM CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 18. The applicant shall enter into a Plan Check/inspection BP CE agreement with the City. 19. Drainage easements shall be provided as needed to BP CE accommodate both public and private drainage facilities. • 20. The applicant shall be responsible for the relocation and/or BP CE alteration of existing utilities. 127 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Pkt 2000 Ferrocarril Road GR paw map GP.Cradirg Penh PS Planning Services TPM 2001-0018 M-.aaldrg Pett es:ung swim TO,Terporay Ocngancy FD,Rre Departnea FQ Final ocaparc, Po-Police Deparanent Conditions Amended at the 10-16-01 Planning Commission �-Puh§clnproenenfs WWWCE Wasslwa� Hearing CA"c"i'^t"-y AMWQ At ecadeo Mt Wel WaWComparry 21. Drainage shall cross lot lines only where a drainage BP CE easement has been provided. Drainage from off-site areas shall be conveyed across the project site in drainage easements. 22. The applicant shall install all new utilities (water, gas, BP CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement 23. The applicant shall monument all property comers for Ongoing CE construction control and shall promptly replace them if disturbed. 24. A preliminary subdivision guarantee shall be submitted for PM CE review in conjunction with the processing of the parcel map. 25. All existing and proposed utility, pipeline, open space, or PM CE other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements,they shall be noted on the parcel map. • 26. Prior to recording the parcel map,the applicant shall submit PM CE a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 27. Prior to recording the parcel map, the applicant shall set PM CE monuments at all new property corners and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 28. Prior to the map being placed on the agenda for City PM CE Council acceptance, the map shall be signed by the City Engineer. 29. Prior to recording the parcel map,the applicant shall pay all PM CE outstanding plan check/inspection fees. 30. Prior to recording the parcel map, the applicant shall have PM CE the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company).The applicant shall obtain a letter from each utility company which indicates their review of the map. The letter shall identify any new easements which may be required by the utility company. A copy of the letter • shall be submitted to the City. New easements shall be shown on the parcel map. 128 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation • /Monitoring Measure 2000 Ferrocarril Road PM:Parcel Map GP:Grading Pemtit PS:Planning Services TPM 2001-0018 BP:Building Permit BS:Buidnig maces TO:Temporary Occupancy FD:Fre Depar ment F0:Final Occupancy PD:Police Department Conditions Amended at the 10-16-01 PlanningCommission PI:PuWicingrovements WW wassg water ww:Wastewa0er Hearing Ca City Aaxney AMC:Atascadero Mutual Water Company 31. Upon recording the parcel map, the applicant shall provide PM CE the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 32. Prior to the final inspection, the applicant shall submit a FO CE written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 33. Prior to the final inspection, the applicant shall submit a FO CE written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 34. Prior to recording the parcel map, the applicant shall PM CE complete all improvements required by these conditions of approval. 35. Prior to issuance of building permits, the applicant shall BP CE submit a grading and drainage plan incorporating erosion control, prepared by a registered civil engineer for review • and approval by the City Engineer. Atascadero Mutual Water Company: 36. Prior to recording the map, the applicant shall submit plans PM AMWC showing the water distribution facilities required to serve the subdivision for review and approval by the Atascadero Mutual Water Company. The plans shall show the facilities required for fire protection. 37. Prior to recording the parcel map the applicant shall obtain PM AMWC a "Will Serve" letter from Atascadero Mutual Water Company. 38. All water distribution facilities shall be constructed in conformance with the Atascadero Mutual Water Company standards, policies and approved procedures. 39. Prior to the issuance of building permits, the applicant shall BP AMWC pay all installation and connection fees required by the Atascadero Mutual Water Company. 40. The applicant shall provide a 50-foot wide access PM AMWC easement and a 50-foot wide water main easement for the Atascadero Mutual Water Company, as shown on the tentative Map, unless an alternative easement location is agreed upon by the applicant and the Atascadero • Mutual Water Company. 129 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure • PM:Parcel Map GP:Grating Pend 2000 Ferrocarril Road PS:P4vngServceS SerAces TPM 2001-0018 BP Buddng Perm BS:Buldng TO:Tenpaa y Occupancy FD:Free D%atrw t F0:Final Occupancy PD:Police Depa mnt Conditions Amended at the 10-16-01 Planning Commission PL Puniclnpo Warmer Hearing ca OAyAWrney AMC:Alascaaero Mutual WaW Oonpany Conditions Added by the Planning Commission at the 10- 16-01 Planning Commission Hearing 41. A provision for emergency access shall be included in FM PS the 50-foot wide easement shown on the tentative parcel map in favor of Parcel 1 and Parcel 2. The easement shall be recorded on the final parcel map. 42. A gate shall be installed at the project entrance and a FM PS gate shall be installed at the end of the driveway serving Parcel 1 prior to the recordation of the final parcel map. Knox locks shall be provided on each gate • • 130 EXHIBIT B: Approved Tentative Parcel Map • Resolution PC 2001-054 TPM 2001-0018 big R Z c CL o Y Y Y 20-Foot Pub is Access (( �r Easeme Y \\L 1l -LlY 19 P2- 47 • Attachment 3: Planning Commission 10/16/01 Meeting Minutes TPM 2001-0018 1 PUBLIC HEARINGS TENTATIVE PARCEL MAP 2001-0018: 2-Lot Subdivision at 2000 Ferrocarril Road: A proposed Tentative Parcel Map application to allow a 2-lot subdivision of a 6.33 acre lot. The subdivision would permit the construction of two single-family residences. The houses will have access from a common access drive off of Ferrocarril Road and will be served by on-site septic systems. Water will be provided by the Atascadero Mutual Water Company. The project is proposed on a colony lot located at 2000 Ferrocarril Road, Atascadero, CA 93422, San Luis Obispo County, APN 049-291-005 (Subject property fronts the cul-de-sac at the end of Ferrocarril Road). General Plan Designation: Suburban Single-Family; Zoning District Residential Suburban with a minimum lot size of 2.8 acres based on performance standard calculation; Owner/Applicant: Kelly Gearhart. PROPOSED MITIGATED NEGATIVE DECLARATION 2001-038: Based on the findings of the initial study, the Community Development Department recommends that the Planning Commission find that no significant harm would come to the environment from approval of this Tentative Parcel Map with the incorporation of the proposed mitigation measures. The proposed Mitigated Negative Declaration is available for public review through October 16, 2001 at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Staff Recommends: • Adopt Planning Commission Resolution 2001-054 certifying proposed Mitigated Negative Declaration 2001-0038, and approving Tentative Parcel Map 2001-0018, a request to subdivide a 6.33 acre lot into avo parcels; 2.82 acres and 3.51 acres each, based on findings and subject to conditions. Associate Planner Jamie Kirk provided the staff report and answered questions of the Commission. PUBLIC COMMENT Kelly Gearhart, 6205 Alcantara, applicant, gave a history of the Water Company access issue and stated his opinion that as the Water Company is a private concern he would work with them personally to establish an access way through his property and the City need not be involved. Mr. Gearhart stated that an access way to the De Anza trail would be provided for the people who live on Ferrocarril. His proposal is for an access way down to the end of the property, which will eventually be for emergency access. Mr. Gearhart answered questions of the Commission. Joan O'Keefe, 9985 Old Morro Road, stated that she could not make sense of the map for this project and found it difficult to tell where the lots were. As this information should be • 132 available to the public, it must be legible. Mrs. O'Keefe questioned whether any trees would be impacted or removed. is Commissioner Bentz quoted from the staff report, under the subdivision "Design" which states that "Adequate building sites exist on both lots and construction of the homes within the building sites shown on the tentative map can be accomplished without removing native trees." Commissioner Norton commented that there are four or more trees within the 50-foot easement, and because that easement may be paved in the future, she feels trees may be impacted. Jolene Bolcart, Ferrocarril resident, expressed her concern regarding access to the De Anza trail, and was pleased that the Commission is addressing the issue. Joan O'Keefe, addressed the liability issue for the easement. She referred to a similar pedestrian easement on the Rancho de Parisio project and stated that the City Attorney said at that time that there was no problem or concern regarding liability. Kelley Gearhart, applicant, addressed Commissioner Norton's concern regarding tree impacts. He stated that the four trees at the end of the easement would only be impacted if the easement remains at 50 feet. If access were limited for emergency purposes, which provides for a smaller size easement, the trees would not be impacted. Acting Chairman Kelley closed the Public Comment period. Acting Chairman Kelley suggested that Condition of Approval 940 should be worded so that the applicant and the water company mutually agree upon the location of the water main easement. Commissioner Fonzi stated her concerns regarding Condition of Approval #11 and suggested it be reworded to read: "An unobstructed 8-foot wide walking and horse path with vehicle blocking features shall be provided within the 20-foot wide public access." MOTION: By Acting Chairman Kelley and seconded by Commissioner Bentz to adopt Planning Commission Resolution 2001-054 certifying proposed Mitigated Negative Declaration 2001-0038, and approving Tentative Parcel Map 2001-0018, a request to subdivide a 6.33 acre lot into two parcels; 2.82 acres and 3.51 acres each, based on findings and subject to conditions. With the following modifications: 1. Conditions of Approval No. 40 to read: "The applicant shall provide a 50-foot wide access easement and a 50-foot wide water main easement for the Atascadero Mutual Water Company, as shown on the tentative Map, unless an alternative easement location is appfevedagreed upon by the applicant and the • Atascadero Mutual Water Company." 133 2. Conditions of Approval No. 11 to read: "An unobstructed eight- foot wide walking and horse path with vehicle blocking features • shall be provided within the 20-foot wide public access easement." 3. Condition the 50-foot easement as an emergency access. 4. Require two access gates to be provided. AYES: Commissioners Bentz,Norton, O'Malley, Blaser, Fonzi and Acting Chairman Kelley. NOES: None ABSTAIN: None Motion passed 6:0 by a roll-call vote. • 134 • Attachment 4: Letter of Appeal TPM 2001-0018 i ' OCT 2.4 2001 crit OF:Mo'-'CAol:Ro 10/24/2001 To, City Manager Wade McKinney From, Atascadero City Councilman Jerry Clay Sr. Subject: Planning Commission action 10/16/2001 regarding a lot split at the end of Ferro Caril Road involving property owned by Kelly Gearhart. I'm appealing the decision of the Planning Commission's approval on 10/16/2001 of a lot split at the end of Ferro Caril road .This property is owned by Kelly Gearhart. My reason for this appeal is related to the 20 ft wide easement that runs from the end of the cul-de-sac several 100 ft east to the Salinas river. My concern is who is taking the responsibility for the maintenance and liability for this easement.This area will be used for public ingress and egress. Liability and maintenance was not addressed. • I'm also concerned as to the construction of the easement. It, of course need to be fenced on both sides. There needs to be a staging area that will accommodate parking for cars and horse trailers. There needs to be raised logs at both ends of the easement that will allow horses and pedestrian's to step over. These liaised logs will block all motor vehicles, The City of Atascadero should take full responsibility for this easement after it is properly constructed. It should be part of our trail system. Note : This easement connects directly with the DeAnza Trail Sincerely j aity Cou ilman erry Clay Sr. • i35 ITEM NUMBER: C- 1 DATE: 11/13/2001 IFI N ■m i 1918 ! 1979 Atascadero City Council Staff Report — Community Services Department Parks and Recreation Commission Youth Representative - Proposed Revisions to the Age Requirements RECOMMENDATION: Council adopt the draft Resolution revising the age requirements for the Parks and Recreation Commission Student Representative. DISCUSSION: Resolution #109-90, establishes the requirements for Youth Representative positions on City of Atascadero Advisory bodies. The current Resolution stipulates that the Parks and Recreation Commission Youth Representative be between the ages of 16 and 18 years. A recent recruitment for a Youth Representative for the Parks and Recreation Commission was unsuccessful. No applications were received for this advisory position despite advertisements in the local papers and active recruitment efforts at the local High Schools. A second recruitment effort is currently underway and staff has again sent out press releases and flyers to the local High Schools in hopes of securing applications for this position. Staff is confident that this second recruitment will garner some applicants, but we are recommending a change in the age range for the Youth Representative position to expand the applicant pool. Staff feels that the age requirement should be expanded to include students who are 14 to 18 years of age. This larger age range will expand the number of eligible youth and may generate additional interest. Students who are 14 and 15 years old are generally freshman or sophomores in High School and are more inclined to participate in our recreation programs and activities than are older students. Juniors or seniors in High School are often involved with activities and jobs that limit their interest and availability for certain volunteer opportunities. Lowering the age requirement to fourteen years will significantly expand the number of youth eligible for this advisory position and hopefully increase the number of applicants during future recruitment • efforts. 136 ITEM NUMBER: C- 1 DATE: 11/13/2001 Staff recommends that the City Council adopt the Draft Resolution revising the age requirements • for the Parks and Recreation Commission Student Representative. On October 18, 2001, the Parks and Recreation Commission unanimously recommended approval of the Draft Resolution. FISCAL IMPACT: None ATTACHMENTS: 1. Draft Resolution Revising the Age Requirements for the Parks and Recreation Commission Youth Representative. 2. Resolution No. 109-90 • 137 DRAFT RESOLUTION • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING RESOLUTION NO. 109-90, CREATING EX- OFFICIO YOUTH MEMBERS ON CERTAIN CITY COMMISSIONS AND COMMITTEES. WHEREAS, The City of Atascadero (herein referred to as "City") is a public entity established under the laws of California; and WHEREAS,The City Council appoints a Parks and Recreation Commission for advise in matters pertaining to Parks and Recreation; and WHEREAS, the Parks and Recreation Commission frequently considers issues that affect the youth of Atascadero; and WHEREAS, the City Council values the opinion of youth in Parks and Recreation matters; and WHEREAS, the amended Resolution establishing qualifications for the Parks and Recreation Commission Youth Representative shall become effective on , • 2002. IT IS NOW RESOLVED THAT: 1. There shall be an ex-officio youth member on the Parks and Recreation Commission. 2. The youth member shall have the following qualifications: a. Be between the ages of 14 and 18 years. b. Be a resident of the City of Atascadero. 3. The terms of the office of ex-officio youth member shall be for one year. Members may be re-appointed if they still meet the qualifications set forth in No. 2 above. 4. Vacant positions will be advertised by the City Clerk. Applications must be submitted by the interested youth. A sub-committee of the City Council will review the applications and interview the applicants if the sub-committee deems it necessary. Three finalists shall be submitted to the City Council for selection. 5. The appointments must be made by the majority of the City Council. The appointee serves at the pleasure of the City Council and serve until replaced or removed. , Appointees may be removed with or without cause by a majority of the City Council. On Motion by Councilmember and seconded by Councilmember , the foregoing Resolution was adopted on the following roll-call vote: • AYES: NOES: _ 13 RESOLUTION NO. 109-90 A RESOLUTION OF THE CITY OF THE CITY OF ATASCADERO, CALIFORNIA, CREATING EX—OFFICIO YOUTH MEMBERS ON CERTAIN CITY COMMISSIONS AND COMMITTEES The City Council. of the City of Atascadero, California, resolves as follows: 1. There shall be ex-officio youth members of the following: a. Parks, Recreation and Zoo Commission b. Traffic Committee c. Recycling Committee 2. These youth members shall have the following qualifications: a. Be between the ages of 16 and 18 years b. Be a resident of the City of Atascadero 3. The terms of office of these ex-officio youth members • shall be one year. Members may be reappointed if they still meet the qualifications set forth in No. 2 above. 4 . Vacant positions will be advertised by the City Clerk . Applications must be submitted by interested youth. A subcommittee of the City Council will review the applications and interview applicants if the subcommittee deems it necessary. Three finalists shall be submitted to the City Council for selection. 5. The appointments must be made by a majority of the City Council. The appointees serve at the pleasure of the City Council and serve until replaced or removed. Appointees may be removed with or without cause by a majority of the City Council. On motion by Councilmember Dexter , and seconded by Councilmember I-111ey , the foregoing resolution is adopted in its entirety by the following roll call vote: Ayes: Councilmembers Shiers, Borgeson, Nimmo Dexter and Mayor Lilley Noes: None Absent: None • Date Adopted: August 28, 1990 140 RESOLUTION NO. 109-90 • Page 2 By 0 ERT LI LEY, Mayo City of Atascader California ATTEST• LE AYKA, -Cit-y--Cqerk Approved as to form: ARTH R R. ftNTAON,, torney ARM:f r RES:007 141 ITEM NUMBER: C-2 _ DATE: 11/13/2001 iris r.. 57-9 Atascadero City Council City Manager's Office Information Bulletin A. Energy Conservation Attached is a spreadsheet that compares kilowatt usage during July and August of 2001 with the usage during 2000. In July City-wide overall electrical use was reduced by approximately 16%, in August the reduction was 9%. In reviewing the comparison, the following items stand out: 1. A few buildings had significant reductions in kilowatt usage compared with a year ago. Building July August Fire Station#1 50% 29% Fire Station#2 25% 12% Pavilion 33% 40% • City Admin Bldg 49% 34% Police Station 11% (9%) increase 2. Some reductions were realized in non-building locations. Facility July August Paloma Creek Park 26% 9% Wastewater Plant 16% 6% 3. A few facility experienced increases in kilowatt usage compared with a year ago. Building/Facility July August Police Station 11%reduction 9% increase Printery building* 14% increase 30% increase Charles Paddock Zoo 9% increase 10% increase * The group of CALL workers previously housed at Fire Station #1 relocated to the Printery building, resulting in significant increase in the amount of time that the building is occupied. 4. The overall electrical use by the Streets Division was approximately the same as last year. Overall, the City achieved the goal of reducing energy consumption by 15% in public buildings for this two month period. Continued efforts will need to be made to maintain our success in reducing energy consumption. The facilities staff will meet and review the Council approved energy conservation measures with staff from the facilities that did not meet the goal. 142 ITEM NUMBER: C-2 DATE: 11/13/2001 • B. Chamber's Activities and Programs - July through September 2001 Attached please find a City Report from the Chamber of Commerce explaining their activities from July—September 2001. • • 14 City of Atascadero July August Kilowatt Use Comparison FY 00-01 vs. FY 01-02 0 of pas o of pas Description July 00-01 July 01-02 year Aug 00-01 Aug 01-02 year ® POLICE DBR 18 43901 Police Services 19600 17440 89% 21440 23280 109% HBR 54 48402 Radio Transmission 277 277 100% 278 337 121% FIRE DBR 18 28001 Fire Station#1 4480 2220 50% 4434 3168 71% FBR 30 43802 Fire Station#2 2760 2080 75% 2520 2220 88% PRINTERY DBR 18 28351-1 Printery Building 3360 3840 114% 3440 4480 130% PAVILION FBR 2647251 Pavilion 10374 6920 67% 10374 6240 60% PARKS CBR 1184501 Shop/Storage Building 217 227 105% 105 228 217% CBR 1184551 Paloma Creek Park 6760 5000 74% 6440 5880 91% CBR 1184601 Horse Arena Paloma Park 68 74 109% 77 100 130% DBR 18 24306 Water Fountain Pump 728 334 46% 806 30 4% DBR 18 90051 Irrigation Controller 0 1 0 1 DBR 18 90101 Irrigation Controllers 86 86 100% 86 86 100% FBR 26 46151 Multi purpose Bldg-Zoo 0 0 0 0 FBR 26 46353 BBQ Area 8 10 125% 5 30 600% FBR 26 46452 Rest Room Atas.Lake 715 377 53% 672 411 61% FBR 26 47151 Lake Aeration System 0 0 0 0 FBR 26 48651 Aeration System @ Lake 0 79 93 258 277% GBR 40 05401 Sp Fld Ltg Combo HBR 50 08401 Restrooms Traffic Way Park 485 63 13% 505 120 24% HBR 55 42901 Irrigation Control 36 36 100% 36 36 100% TBR PA 00701 City Of Atascadero 564 564 100% 564 564 100% Department Total 9667 6851 71% 9389 7744 82% ZOO FBR 26 46251 Reptile Cage Heating Area 2092 2511 120% 1848 2479 134% FBR 26 46553 Zoo&Parking Lot 2872 3178 111% 2703 2895 107% FBR 26 47053 Res 1543 1436 93% 1485 1278 86% Department Total 6507 7125 109% 6036 6652 110% STREETS DBR 16 13401 Traffic Control 722 644 89% 793 799 101% DBR 1812201 Traffic Light 755 805 107% 833 872 105% DBR 18 46901 Traffic Signal 745 729 98% 1 792 786 99% DBR 1917851 Traffic Signal 851 735 86% 1 819 777 95% FBR 22 72621 Traffic Control 412 421 102% 416 405 97% JBR 60 30801 Traffic Control 450 440 98% 504 504 100% 381166 00181 Traffic Signal 765 811 106% 670 897 134% TBR PA 00801 City Of Atascadero 11570 11570 100% 11570 11570 100% TBR PA 00801-5 City Of Atascadero Department Total 16270 16155 99% 1 16397 16610 101% WASTEWATER CBR 1165153-8 Lift Station#12 DBR 17 27201 Water Treatment Plant 82160 68880 84% 1 88960 83360 94% DBR 19 21201 Sewer Lift 7232 6715 93% 6870 7321 107% DBR 20 68151 Sewer Lift Pump Station 178 153 86% 167 253 1513/ FBR 26 48851 Sewer Lift Pump 110 114 104% 100 84 84% HBR 50 08301 Public Works Yard 15280 16080 105% 22480 18480 82% HBR 5126601 Sewer Lift Pumps 107 107 100% 96 114 119% HBR 5148601 Sewer Lift Pumps 645 609 94% 1 733 664 91% HBR 55 05001 Sewer Lift Station 0 0 0 0 HBR 55 42301 Sewer Lift Station 177 163 92% 200 172 86% 3131160 14001 1 Pump 577102 3287 3749 114% 3791 3977 105% 313116148051 Sewer Lift pumps 93 82 88% 94 94 100% Department Total 109269 96652 88% 123491 114519 93% • DIAL-A-RIDE HBR 50 08251 Yard-DAR Garage 1381 2041 148% 170 1701 100% BLDG.MAINZ DBR 18 24201 City Administration Bldg. 21120 10720 51% 22400 14720 66% CITY WIDE TOTALS 203822 170484 84% 220369 200140 91% 144 City of Atascadero July August Kilowatt Use Comparison Buildings Only FY 00-01 vs. FY 01-02 0 of pas o of pas . Description July 00-01 July 01-02 year Aug 00-01 Aug 01-02 year POLICE DBR 18 43901 Police Services 19600 17440 89% 21440 23280 1090/0 HBR 54 48402 Radio Transmission 277 277 100% 278 337 121% FIRE DBR 18 28001 Fre Station#1 4480 2220 50% 4434 3168 71% FBR 30 43802 Fire Station#2 2760 2080 75% 2520 2220 88% PRINTERY DBR 18 28351-1 Printery Building 3360 3840 114% 3440 4480 130% PAVILION FBR 26 47251 Pavilion 10374 6920 67% 10374 6240 60% BLDG.MAINT. DBR 18 24201 lCity Administration Bldg. 21120 10720 51% 22400 14720 66% CITY WIDE TOTALS 61971 43497 70% 64886 54445 84% • 145 tascadero Chamberorcommerce 6550 EI Camino Real•Atascadero,CA 93422• (805) 466-2044•Fax(805) 466-9218•www.atoscaderochomber.org October 4,2001 City Report for Chamber's Activities and Programs July through September 2001 Programs and Events July and August saw our Tuesday Evenings in the Park barbecues continue to thrive and provide our nonprofit organizations a way to raise money and awareness for their causes. The Cities participation in providing the Pavilion kitchen as well as the barbecue areas was key to the success of the evenings. The Atascadero Athletic Foundation really came through with providing great food and the community band wonderful music. It has proven to be a great community event. Many Chamber volunteer hours go into providing the coordination for the event. Our local organizations raise$16,000 this year for their programs. The Showcase Mixer was a very successful event at the Pavilion in September. We had • over half of the tables sponsored by companies and the rest filled by Chamber businesses. The level of participation from the business community has really picked up for this event. Thanks to the City again for sponsoring the venue at the Pavilion, a huge new crowd of approximately 900 people were able to view what our businesses have to offer. Every year we try to improve the event and I feel this one was the best yet. The staff at the Pavilion helped tremendously with the setup and anything else that was asked of them. The Chamber was also hosted by the Mid State Fair for the annual County Wide Chamber Reception. It was a good way to meet up with Chamber members from the neighboring communities. The Retail Committee was hard at work planning and implementing a City Wide Blow Out Sale that was supposed to have started September 13. Due to the events September I Ith we pulled the project. It didn't seem appropriate. We regrouped and instead have in the works a Holiday Magic event for merchants to have individual drawings in their stores. Radio, television and print ads will be coming out in November to tie into the holiday season. An additional promotion has been added to augment the Downtown tree lighting ceremony. The Chamber is purchasing 1000 candles to be distributed to our member businesses to pass out to their customers free for the beginning of the lighting ceremony. This promotion is being called"Light a light for America". We hope many people will come to the Sunken Gardens to show our support of America at this trying 0 time. 146 The Media and Marketing Committee have had a series of meetings brainstorming ideas • to help small business. The one idea that seems to have surfaced to the top is instead of producing a seminar on"Marketing Your Business"we are developing coop advertising opportunities with all the media. The first campaign is being implemented by Charter Communications. The campaign involves a generic television spot on"Discover Atascadero". Businesses can purchase their own spot and a tag"Discover Atascadero" will appear on all their ads. All of this will be available at a reduced cost for production and running the spots on key channels. We really are lucky to have such a creative person, Chuck Holdridge, in our comer making us look good. This project will start showing the end of October. We are trying to target the business that doesn't understand television advertising and how affordable it really can be and how much it can help their businesses. Once this campaign is up and running we will involve the radio and print advertisements as well. Ads were placed in the"Train Tourist"and the Visitors and Conference bureaus publication. Charter also ran spots"Shop Atascadero"in September. The focus was on showing how shopping locally helps bring dollars to many community organizations. The Legislative committee has been very busy attending meetings to educate the group on the General Plan rewrite. Recommendations have been made by the Board of . Directors to approve and go forward with the General Plan rewrite with a few modifications. The Chamber applauds the City staff for preparing a very comprehensive document. The Education Committee has received$5000 in grant money to award to teachers that have incorporated business into their curriculum in a creative way. We have received grant applications that the committee will review and award up to$500 to the teachers for implementation of their projects. Recognition awards will also be presented to teachers that are already doing an exemplary job at integrating business in their curriculum. A date has yet to be set to roll out the red carpet for these educators. Monthly Newsletters were published and sent to our now 500 members. As of this time our Ambassadors have personally visited 145 existing business members. The Adopt a New Member program is going well by insuring members stay informed. All 20 new members to the Chamber received calls from our Ambassadors inviting and informing them of the programs we have going in the month. The response has been good. The Ambassadors have been key to helping at all the Chamber functions. We are noted by many that our Chamber is full of very friendly people that make them feel welcome. The Chamber sold numerous tickets for local organization fund raising, concerts,and theatre groups. Hot August Fights, The Big Draw, Memory Walk,Artist in the Studios, • Mozart Festival,Pops for the Symphony just to name a few of the events we helped. 147 • Colony Days has kept us the most busy with dispensing Parade and Booth applications and selling tickets for the new dance event. The Chamber has been involved in the following local programs Main Street Organization and Promotions Committees,Atascadero Wine Festival, Downtown Lighting Ceremony, Partners in Public Health,Colony Days and Career Connections at Cuesta College. Joanne is also on the Board of Directors for the EVC as a representative as President of the SLOCHEX, SLO County Chamber Executives,organization and recently appointed to the Zoo Board. Joanne has recently been appointed Vocation Chair for Rotary 2001- 2002. The main project as chair will be a Leadership and Ethics Conference to be held with Atascadero High School Juniors and Seniors in March 2002. This half-day program will highlight the ideals for a good leader and pose some ethical questions that will sure to spark thought. Through a grant from the Partners in Public Health, a committee was formed to create an identity for Atascadero. This new identity would be used to attract and retain businesses, tourism promotion and build community pride. Pierre Rademaker was hired and led a focus group to establish the look and the feel of what our identity could possess. The project is scheduled for completion in the next two months. The City and the Chamber will be able to use this new image to create a cohesive identity for Atascadero` • The Chamber Website has just completed a complete revision. A new home page with easy to use navigation tools was added as well as many links to important information. Visitor Information is easy to locate off the tool bar. If someone wants lodging they click on the lodging bar and all the motels,and bed&breakfasts pop up as a group. Then if you want more in depth info you click on their name and you go to their own page. Members can post photos and text on their own page. The business directory is also greatly improved with this same technique. There are too many changes to bring to your attention. The best would be if you all take a moment to visit the site and see for yourselves, « -;; ;; The information is organized and is complimented by many new photos that have been provided by our own local talented photographers. 2001 Visitor Information Services provided,July through September Phone calls logged 2798 Visitors 1379 Relocation Packets Mailed 40 Visitor Packets Mailed 23 We received the following Website visits. These figures are truly encouraging and seem to be growing every quarter. With our new expanded Website we will see these numbers increase. General Info 772 Members Info 454 148 Events 504 Tourism 786 Shopping 321 Recreation 365 Surrounding Area Info 413 20 new businesses were welcomed into the Chamber since July of this year. Our total membership now is 500. As businesses come and go we expect to be over 500 members by the end of the year Economic Development The Chamber is trying to track people that have requested business location or expansion information from the Chamber. Not all people are willing to share their information until they have completed their research. Willbanks Carpeting-Considering expanding to Atascadero. Has stores in Long Beach, SLO,Paso Robles. We sent him to the City to review possible commercial sites. William Chastain-Porter Street Barbecue,interested in expanding to here. Was interested in the Plump Chicken Site. Limited Edition Sports-Manufacturere of Golf Clubs. Business in Fresno and lives in Morro Bay. Looking for a location in Atascadero to relocate business. Penny Monroe. Relocating her business here and is looking for a suitable location in the North County. Anthony Biskini. Interested in McCarthy's Restaurant. He currently owns a business in Alameda,CA. Promo's and PSA run on Charter Media Channels Passport to Success $2,880 Atascadero Wine Festival $3,150 Tuesday Evening in the Park $5,950 Total Promotinal Spots not including Costs to create the spots $11,980 14U