HomeMy WebLinkAboutAgenda Packet 10/08/2002 .e
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
TUESDAY, October 8, 2002
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4t" Floor
Atascadero, California
Y REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Arrambide
ROLL CALL: Mayor Arrambide
Mayor Pro Tem Scalise
Council Member Clay
Council Member Johnson
Council Member Luna
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Proclamation declaring October 10, 2002 as "Lights on After School Day."
i
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the
Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are
limited to five minutes. Please state your name and address for the record before making your
presentation. The Council may take action to direct the staff to place a matter of business on a future
agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the
Council.)
COUNCIL ANNOUNCEMENTS AND REPORTS: (on their own initiative, Council Members
may make a brief announcement or a brief report on their own activities. Council Members may ask a
question for clarification, make a referral to staff or take action to have staff place a matter of business on
a future agenda. The Council may take action on items listed on the Agenda.)
A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine
and non-controversial by City staff and will be approved by one motion if no member of the Council or
public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will
be removed from the consent calendar and will be considered in the listed sequence with an opportunity
for any member of the public to address the Council concerning the item before action is taken.)
1. City Council Minutes — September 24, 2002
■ City Clerk recommendation: City Council approve the City Council minutes of September 24,
2002. [City Clerk]
2. City Treasurer's Report—June and July 2002
■ Fiscal impact: None
■ City Treasurer recommendation: City Council approve the City Treasurer's report for June .
and July 2002. [City Treasurer]
3. Final Parcel Map - 2002-0034 (Parcel Map AT 02-0060) — [TPM 2001-0022]
7500 San Palo Ave. (Sparling)
■ Fiscal impact: None.
■ Staff recommendation: Council accept Final Parcel Map 2002-0034 (Parcel Map AT 02-
0060) [Public Works]
4. Final Tract Map - 2002-0042 (Tract Map 2444) [TTM 2001-0008] 9385
Musselman Ave. (Shores)
• Fiscal impact: None.
Staff recommendation: Council:
1. Accept Final Tract Map 2002-0042 (Tract Map 2444)
2. Accept offer of dedication for streets and public utility easement on Musselman
3. Authorize the City Manager to execute a Subdivision Improvement Agreement [Public
Works]
5. Agreement with San Luis Ambulance Services, Inc. — First-Response
Emergency Medical Services
■ Fiscal impact: $83,250 annual revenue, increased annually (not to exceed total maximum
increase of 5%).
■ Staff recommendation: Council authorize the City Manager to execute a contract with San
Luis Ambulance Services, Inc., authorizing them to bill persons for first-response emergency
medical services provided by the Fire Department.[Fire]
2
B. PUBLIC HEARINGS:
1. Zone Change 2002-0029 / Conditional Use Permit 2002-0067 — Vesting
Tentative Tract Map 2002-0014 (Tract 2454), 2000 Ferrocarril Road (Gearhart
/Wilson)
■ Fiscal impact: Slight negative impact on City revenues Single-family dwellings require
services that exceed the revenue generated by the dwelling.
■ Planning Commission recommendation: Council:
1. Adopt draft Resolution A, to certify the proposed Mitigation Negative Declaration 2002-
0030; and,
2. Introduce for first reading by title only, the draft Ordinance approving Zone Change 2002-
0029; and,
3. Adopt draft Resolution B, approving Conditional Use Permit 2002-0067 for the Master
Plan of Development subject to findings and conditions of approval; and,
4. Adopt draft Resolution C, approving Vesting Tentative Tract Map 2002-0014, subject to
findings and conditions of approval. [Community Development]
C. MANAGEMENT REPORTS:
1. Recruit Police Officer
■ Fiscal impact: $16,300 for salary and academy material costs per applicant (in FY 2001-03
budget).
■ Staff recommendation: Council authorize establishment of the position of Police Officer —
Recruit. [City Manager]
2. : State of California Regional Housing Needs Allocation
■ Fiscal impact: Consistent with General Plan 2025.
• Staff recommendation: Council:
1. Take a position in support of San Luis Obispo County's Regional Housing Needs
Allocation of 18,035 units from 2001-2008, with a City of Atascadero share being 218
units annually.
2. Take a position in support of San Luis Obispo Council of Governments' (SLOCOG)
adopted population-based housing allocation formula. [Community Development]
3 Amendment to Solid Waste Collection Franchise Agreement — Automated
Green Waste and Recyclable Collection
■ Fiscal impact: $2.62 increase in current rate to the customer
■ Staff recommendation: Council approve Amendment Number Two to the Solid Waste
Collection Franchise Agreement. [Public Works]
4. Information Bulletin
a. Chamber's Activities and Programs- May through August, 2002
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
3
Mayor Pro Tem Scalise •
1. Finance Committee
2. City/Schools Committee
3. Atascadero State Hospital Advisory Board
4. 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)
2. Water Committees
Council Member Clay
1. Air Pollution Control District(APCD)
2. City/Schools Committee
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer •
4. City Attorney
5. City Manager
F. ADJOURNMENT:
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Marcia McClure Torgerson, the City Clerk of the City of Atascadero, declare under the penalty of
perjury that the foregoing agenda for the October 8, 2002 Regular Session of the Atascadero City
Council was posted on October 1, 2002 at Atascadero City Hall, 6500 Palma Ave., Atascadero, CA
93422 and was available for public review in the Customer Service Center at that location.
Signed this 1 st day of October 2002 at Atascadero, California.
Marcia McClure Torgerson, City Clerk
City of Atascadero
4
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
• The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., 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)and are available for public inspection during City Hall business
hours at the Central Receptionist counter and on our website, www—atascadero,org. An agenda packet is also
available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances
will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect
these numbers. All documents submitted by the public during Council meetings that are either read into the
record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's
office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City
meeting or other services offered by this City, please contact the City Manager's Office, (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 (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes
will be allowed for Community Forum(unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the
Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written
communication to the City Manager's office in City Hall prior to the deadline.
"Lights on After School Day"
October 10, 2002
WHEREAS, all students have a right to be safe after school; and,
WHEREAS, many children do not have a safe place to go after school; and
WHEREAS, after school programs help working families keep kids safe and
improve academic achievement; and
WHEREAS, a majority of juvenile contacts with law enforcement occur
during the hours immediately after school; and
WHEREAS, after school programs provide supervised activities that
contribute to a reduction in the number of juvenile contacts with law enforcement;
and
WHEREAS, the City of Atascadero provides the Recreation, Education and
Community (R.E.C.)program on the campus of Atascadero Junior High School, in
cooperation with the Atascadero Unified School District and the County of San
Luis Obispo; and
WHEREAS, the City of Atascadero supports the continued provision of
after school programs in Atascadero.
NOW, THEREFORE,"be it resolved that, I, Mayor Mike Arrambide, do
hereby proclaim October 10`" as `Lights on After School Day" in Atascadero.
WITNESS THE OFFICIAL SEAL OF
THE CITY OFATASCADERO
_ f
14M
ichael Arrambide, Mayor
October 8, 2002
City of Atascadero
001
ITEM NUMBER: A-1
DATE: 10/08/2002
CITY OF A TASCADERO
-- i9i7s
CITY COUNCIL
DRAFT MINUTES
TUESDAY, SEPTEMBER 24, 2002
7:00 P.M.
CLOSED SESSION: 6:00 P.M.
1. PUBLIC COMMENT- CLOSED SESSION
2. Call to Order
• a.) Conference with legal counsel Existing litigation (Govt. Code
§54956.9)
Environmental Center of San Luis Obispo County v. City of
Atascadero, et al.
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced there was no reportable action taken.
REGULAR SESSION:
Mayor Arrambide called the meeting to order at 7:55 p.m. and Boy Scout Troop 155 led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Luna, Scalise and Mayor
Arrambide
CC 09/24/02 002
Page 1
ITEM NUMBER: A-1
DATE: 10/08/2002
Absent: None
Others Present: City Clerk Marcia McClure Torgerson •
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Police Chief Dennis Hegwood, Fire Captain Roland Snow,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Public Works Director Steve
Kahn, Redevelopment Specialist John Jansons and City Attorney
Roy Hanley.
APPROVAL OF AGENDA:
Mayor Arrambide announced the City Clerk posted a Public Notice last week notifying
the public of the elimination of Item #A-4 and the addition of Item #A-6.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Scalise to approve the agenda as amended.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation declaring October 6-12, 2002 "Fire Prevention Week" •
Mayor Arrambide presented the proclamation to Fire Captain Roland Snow.
2. Proclamation - Commendation to Boy Scouts of America
Mayor Arrambide presented the proclamation to Boy Scout Troop#155.
3. Proclamation declaring September 2002 "National Alcohol & Drug
Addiction Recovery Month"
Mayor Arrambide presented the proclamation to Sue Warren of North County
Connection.
COMMUNITY FORUM: None
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Pro Tem Scalise thanked staff for the wonderful 9/11 ceremony the City hosted
in front of City Hall. •
CC 09/24/02 v 003
Page 2
ITEM NUMBER: A-1
DATE: 10/08/2002
Council Member Clay expressed his thanks to staff for the ceremony also.
•
Mayor Arrambide stated how proud he was to be an Atascadero citizen when he looked
out at the crowd and saw our community joined together.
Council Member Luna asked for details about the vehicle clean-up day. Police Chief
Hegwood announced the dates for the vehicle clean-up days were October 26, and 27.
Chief Hegwood stated that abandoned cars will be picked up and the DMV will be on
hand to do all necessary paperwork. Information is available at the City Hall Service
Center counter, and the Police and Fire Departments. Council Member Luna suggested
a letter be sent to local classic car clubs detailing the event so they could be on hand
and perhaps recycle some of the vehicles rather than crushing them. Chief Hegwood
indicated he would follow up on this suggestion.
A. CONSENT CALENDAR:
1. City Council Minutes — September 10, 2002
■ City Clerk recommendation: City Council approve the City Council minutes of September 10,
2002. [City Clerk]
2. August Disbursements —August 2002 Accounts Payable & Payroll
■ Fiscal impact: $1,980,547.81
■ Staff recommendation: City Council approve certified City accounts payable, payroll and
. payroll vendor checks for August 2002. [Administrative Services]
3. Supplemental Law Enforcement Services Fund
■ Fiscal impact: None—all technology improvements are paid for by grant funds.
■ Staff recommendation: City Council designate 2002/2003 Supplemental Law Enforcement
Services Fund (SLESF) monies for use in Emergency Services Technology improvements.
[Police]
4. Final Parcel Map - 2002-0024 (Tract Map 2465) — [TTM 2001-0007] 6555
Atascadero Ave. (Shores/Wilson)
■ Fiscal impact: None.
■ Staff recommendation: Council:
■ Accept Final Parcel Map 2002-0024 (Tract Map 2465)
■ Reject offers of dedication for streets, pedestrian, and public utility easements without
prejudice to future acceptance
• Authorize City Manager to execute Subdivision Agreement with owner
[Public Works]
5. Salary and Benefit Resolution — Non-Represented Professional,
Management Workers and Confidential Employees
■ Fiscal impact: Approximately 3% of salary for this fiscal year (contained within the Annual
Operating Budget)
■ Staff recommendation: Council:
1. Approve draft Resolution, authorizing salaries and benefits for Non-Represented
Professional, Management Workers and Confidential Employees; and
• 2. Approve the Salary Schedule, effective July 1, 2002.
[City Manager]
CC 09/24/02 _ 04
Page 3
ITEM NUMBER: A-1
DATE: 10/08/2002
6. Final Parcel Map — 2002-0031 (Tract Map 2417) — [TTM 2001-0005] 9351 •
Musselman Drive (Shannon)
■ Fiscal impact: None.
• Staff recommendation: Council:
1. Accept Final Parcel Map 2002-0031 (Tract Map 2417)
2. Accept offer of dedication for street widening.
3. Authorize City Manager to execute Subdivision Agreement with owner
[Public Works]
Council Member Luna pulled Item #A-1. Item #A-4 was withdrawn (see Approval of
Agenda).
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve Consent Calendar Items #A-2, 3, 5 and 6.
Motion passed 5:0 by a roll-call vote.
Item #A-1: Council Member Luna referred to the policy for attachments to the Minutes.
He suggested that wherever the Minutes are available to the public, such as the Library,
the attachments also be included.
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve Consent Calendar Item #A-1.
Motion passed 4:0 by a roll call vote. (Johnson abstained) •
B. MANAGEMENT REPORTS:
1. Repayment of the 1982 Wastewater Loan
■ Fiscal impact: $960,731 (Wastewater Fund)
■ Staff recommendation: Council authorize repayment of the 1982 Wastewater Loan including
$945,000 in principal plus any remaining outstanding interest to Rural Development.
[Administrative Services]
Administrative Services Director Rachelle Rickard gave the staff report and answered
questions of Council
PUBLIC COMMENT— None
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to authorize the repayment of the 1982 Wastewater
Loan fund for $945,000, principal plus outstanding interest.
Motion passed 5:0 by a roll-call vote.
CC 09/24/02 -
Page 4
ITEM NUMBER: A-1
DATE: 10/08/2002
• 2. Santa Cruz Road Improvement Project
■ Fiscal impact: None.
■ Staff recommendation: Council direct staff to complete the design of Santa Cruz Road
improvements with 14-foot wide lanes providing for a Class III Bikeway and direct staff to
pursue funding for the construction of a detached Multi-Purpose Trail (Class I Bikeway).
[Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
PUBLIC COMMENT— None
MOTION: By Council Member Luna and seconded by Council Member
Clay to direct staff to complete the design of Santa Cruz Road
improvements with 14-foot wide lanes providing for a Class III
Bikeway and direct staff to pursue funding for the construction
of a detached Multi-Purpose Trail (Class I Bikeway).
Motion passed 5:0 by a roll-call vote.
C. COMMITTEE REPORTS:
Mayor Arrambide
1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA): Will be
• meeting next Wednesday for the final session of the 90 day public comment period on the
affordable housing mandate.
2. Water Committees: The City of San Luis Obispo has come to realize that the Salinas Dam and
Nacimiento Projects are inferior to desalinization to meet their water needs.
Mayor Pro Tem Scalise
1. Finance Committee: Revised Atascadero's strategic financial plan to be concurrent with the State
recommendations.
D. INDIVIDUAL DETERMINATION AND/OR ACTION: None
E. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 8:30 p.m. to the next regularly
scheduled meeting on October 8, 2002.
MEETING RECORDED AND MINUTES PREPARED BY:
• Marcia McClure Torgerson, City Clerk
CC 09/24/02 _
Page 5
ITEM NUMBER: A-2
DATE: 10/08/2002
Iola
CA►D -
Atascadero City Council
City Treasurer David G. Graham, EA
City Treasurer's Agenda Report
RECOMMENDATION:
City Treasurer recommends the City Council approve the City Treasurers reports for the
following periods:
June 2002
July 2002
• DISCUSSION:
The 2-year Treasury yield is down to 1.70% as of September 30, 2002 The LAIF yield for
August was 2.59%. The precipitous decline in the LAIF yield has slowed dramatically and LAY
is now pretty much on par with the two-year treasury yield. The City yield in June was 3.18% or
19 basis points above the 2-year Treasury yield for that month. In July the City yield was 3.13%
or 57 basis points above the 2-year treasury yield for that month.
Market conditions:
The official numbers are now in and there is no longer any doubt that the economy was in an
official recession for the bulk of 2001. In addition, it appears that the recovery is much less
developed than previously thought. It appears that any economic rebound will not occur until late
into the second quarter of 2003. Firms have actually begun to invest in technology again but the
job market remains bleak and will probably remain so through the second quarter of 2003. No
interest rate tightening is anticipated by the Feds until well into 2003 and with the change in bias
adopted at the last FOMC there is the possibility of a quarter point cut in the Federal funds rate in
November.
Investment Strategy:
LAIF yields appear to be bottoming out and should begin a steady rise within the next 2-3
months. LAIF's guarantee of liquidity and mix of long and short-term maturities make it the
preferred investment for short and medium term funds. Agencies and fully FDIC insured
negotiable CDs offer safety, optimum yields and flexible liquidity for uncertain economic times.
With a some favorable earnings reports, Corporate yields are now beginning to appear attractive
for a few carefully selected companies.
City Treasurer's Report June 2002
David Graham •
REPORT IN BRIEF:
Cash and Investments
Checking $ 640,866
Money Market Accounts 375
Certificates of Deposit 3,776,428
Government Securities 1,748,719
Corporate Paper -
LAIF 17,049,620
Cash with Fiscal Agents 143,118
Cash in Banks at June 30,2002 $ 23,359,126
Deposits in Transit 18,862
Outstanding Checks (498,279)
Cash and Investments at June 30, 2002 $ 22,879,709
Investment Activity
Securities Purchased:
Purchase Date Description Type Cost Maturity Date •
06/03/02 Enterprise National Bank CD $ 96,728 05/10/04
06/06/02 Federal Home Loan Mort Corp Gov't Sec $ 250,000 12/06/04
Securities Matured:
Maturity Date Description Type Original Cost Amount Matured
6/3/2002 Insouth Bank CD $ 99,000 $ 99,000
Securities Sold/Called Prior to Maturity:
Transaction/ Original Cost/ Gain/(Loss)
Transaction Date Description/Type Maturity Call Price on Call
Call Federal Home Loan Bank $ 250,000 $ 250,000 . $ -
06/24/02 Government Security 06/21/04
Other Reportable Activities:
None
•
Page 1 of 10
U
CITY OFATASCADERO
TREASURER'S REPORT
• CASH&INVESTMENTS ACTIVITY SUMMARY
FOR THE MONTH OF JUNE 2002
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
June 1,2002 $ 498,937 $ 22,698,350 $ 142,956 $ 23,340,243
Receipts 1,114,504 64 162 1,114,730
Disbursements (1,095,847) - - (1,095,847)
Transfers In 670,000 546,728 - 1,216,728
Transfers Out (546,728) (670,000) - (1,216,728)
Balance per Banks at
June 30,2002 $ 640,866 $ 22,575,142 $ 143,118 23,359,126
Deposits in Transit 18,862
Outstanding Checks (498,279)
Adjusted Treasurer's Balance $ 22,879,709
•
Page 2 of 10
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City of Atascadero
Investments by Type
June 2002 .
Gov't
Securities Other
g% 0% Cash with
Certificates of Deposit Fiscal
17% Agent
•
LAIF
74%
Investment June 2002
LAIF $ 17,049,620
Certificates of Deposit 3,776,428
Government Securities 1,748,719
Corporate Paper -
Cash with Fiscal Agent 143,118
Other 375
$ 22,718,260
a
Page 7 of 10 - U 1 li
City of Atascadero
Investments by Maturity
• June 2002
One Month
Within to One Year
One Month 5% One to Five Years
1% 19%
,
x
•
On Demand
75%
Investment June 2002
On Demand $ 17,049,995
Within One Month 238,881
One Month to One Year 1,049,482
One to Five Years 4,236,784
$ 22,575,142
•
U1J
Page 8 of 10
City of Atascadero
Investments by Custodial Agent
June 2002 •
RBC Dain Rauscher Bank of
17% New York
City of
Penson Financial Corp. 1%�0 Atascadero
7% 0%
a
State of California
75%
Custodial Agent June 2002
State of California $ 17,049,620
Penson Financial Corp. 1,665,639
RBC Dain Rauscher 3,813,002
Riverway Trust -
Bank of New York 143,118
City of Atascadero 46,881
$ 22,718,260
•
Page 9 of 10 `
U.iI
City of Atascadero
Investment Yield vs. 2-Year Treasury Yield
For the Year Ended June 30,2002
6.00%
5.00%
£,7
4.00%
3.00%
2.00% =E
F?x
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� c �
—o—City Yield 2-Yr Treasury Yield
2-Yr
Treasury
City Yield Yield
June 2001 5.14%
July 2001 4.83% 4.04%
August 2001 4.74% 3.76%
September 2001 4.54% 3.12%
October 2001 4.08% 2.73%
November 2001 3.91% 2.78%
December 2001 3.66% 3.11%
January 2002 3.52% 3.03%
February 2002 3.50% 3.02%
March 2002 3.45% 3.56%
April2002 3.33% 3.42%
• May 2002 3.23% 3.26%
June 2002 3.18% 2.99%
U1 r
Page 10 of 10
City Treasurer's Report July 2002
David Graham
REPORT IN BRIEF:
Cash and Investments
Checking $ 678,104
Money Market Accounts 156,631
Certificates of Deposit 4,269,506
Government Securities 1,342,605
Corporate Paper -
LAIF 16,781,988
Cash with Fiscal Agents 143,274
Cash in Banks at July 31, 2002 $ 23,372,108
Deposits in Transit -
Outstanding Checks (129,762)
Cash and Investments at July 31,2002 $ 23,242,346
Investment Activity
Securities Purchased:
Purchase Date Description Type Cost Maturity Date
07/10/02 Park National Bank&Trust CD $ 95,000 01%10/06
07/10/02 NBT Bank CD $ 97,000 07/11/05 •
07/11/02 Fed'1 Home Loan Mort. Co. Gov. Sec. $ 249,844 01/15/06
07/12/02 Grundy National Bank CD $ 99,000 11/14/05
07/12/02 Pan American Bank CD $ 97,000 07/12/05
07/17/02 Bankwest Inc. CD $ 99,000 07/17/06
07/24/02 One Bank&Trust CD $ 99,000 07/24/06
07/24/02 Union Bank CD $ 99,000 07/24/06
Securities Matured:
Maturity Date Description Type Original Cost Amount Matured
7/17/2002 American National Bank CD $ 97,000 $ 97,000
7/22/2002 Household Bank CD $ 95,000 $ 95,000
Securities Sold/Called Prior to Maturity:
Transaction/ Original Cost/ Gain/(Loss)
Transaction Date Description/Type Maturity Call Price on Call
Call Fed'1 Home Loan Bank $ 250,000 $ 250,000 $ -
07/24/02 Government Security 01/24/07
Call Fed'1 Home Loan Mort Co. $ 250,000 $ 250,000 $ -
07/26/02 Government Security 07/26/06
Partial Call Fed'1 Home Loan Bank $ 155,957 $ 156,250 $ 292.97
07/30/02 Government Security 01/30/07 •
Other Reportable Activities:
None
Page 1 of 11
�i 1
CITY OF ATASCADERO
TREASURER'S REPORT
• CASH&INVESTMENTS ACTIVITY S UMMAR Y
FOR THE MONTH OF JULY 2002
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
July 1,2002 $ 640,866 $ 22,575,142 $ 143,118 $ 23,359,126
Receipts 1,274,274 112,744 156 1,387,174
Disbursements (1,374,192) - - (1,374,192)
Transfers In 1,397,000 1,259,844 - 2,656,844
Transfers Out (1,259,844) (1,397,000) - (2,656,844)
Balance per Banks at
July 31,2002 $ 678,104 $ 22,550,730 $ 143,274 23,372,108
Deposits in Transit -
Outstanding Checks (129,762)
Adjusted Treasurer's Balance $ 23,242,346
•
Page 2 of 11 r 1
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City of Atascadero
Investments by Type
• July 2002
Gov't Cash with
Securities Fiscal
Certificates of Deposit 6% Agent Other
19% 1% 1%
„ r
LAIF
73%
Investment July 2002
LAIF $ 16,781,988
Certificates of Deposit 4,269,506
Government Securities 1,342,605
Corporate Paper -
Cash with Fiscal Agent 143,274
Other 156,631
$ 22,694,004
•
Page 8 of 11 " 25
City of Atascadero
Investments by Maturity
July 2002
•
One Month
to One Year
Within One 5% One to Five Years
Month 20%
0%
•
On Demand
75%
Investment July 2002
On Demand $ 16,938,619
Within One Month 46,958
One Month to One Year 1,049,482
One to Five Years 4,515,670
$ 22,550,730
•
Page 9 of 11
City of Atascadero
Investments by Custodial Agent
July 2002
RBC Dain Rauscher Bank of
19% New York City of
Penson Financial Corp. 1% Atascadero
6% 0%
"f
XV
•
State of California
74%
Custodial Agent July 2002
State of California $ 16,781,988
Penson Financial Corp. 1,320,640
RBC Dain Rauscher 4,401,144
Riverway Trust -
Bank of New York 143,274
City of Atascadero 46,958
$ 22,694,004
•
2�
Page 10 of 11
City of Atascadero
Investment Yield vs. 2-Year Treasury Yield
For the Year Ended July 31,2002
6.00%
5.00%
I
4.00%
3.00%
I
I
2.00%
1.00%
0.00%
�A Jyw peg oe� oe� peg act a� �dc Qi` a� o� SJCA
�
-d-City Yield 2-Yr Treasury Yield
2-Yr
Treasury
City Yield Yield
July 2001 4.83% 4.04%
August 2001 4.74% 3.76%
September 2001 4.54% 3.12%
October 2001 4.08% 2.73%
November 2001 3.91% 2.78%
December 2001 3.66% 3.11%
January 2002 3.52% 3.03%
February 2002 3.50% 3.02%
March 2002 3.45% 3.56%
April 2002 3.33% 3.42%
May 2002 3.23% 3.26%
June 2002 3.18% 2.99% •
July 2002 3.13% 2.56%
028-
Page 11 of 11
ITEM NUMBER: A-3
DATE: 10/08/2002
F:dM.f.5.. F,• IN .
19 �1979��-`
CADEIi[l.'
Atascadero City Council
Staff Report—Public Works Department
Final Parcel Map 2002-0034 (Parcel Map AT 02-0060)
[TPM 2001-00221
7500 San Palo
(Sparling)
RECOMMENDATION:
Council accept Final Parcel Map 2002-0034 (Parcel Map AT 02-0060)
DISCUSSION:
The Planning Commission approved Tentative Parcel Map 2001-0022 on December 4, 2001.
The Final Map subdivides two lots totaling 6.99 acres into four parcels: 1.71 acres, 1.89 acres,
1.51 acres, and 1.88 acres each(all lot areas are gross area). The site is located in the Residential
Single Family, minimum lot size of 1'/Z - 2'/z acres based on performance standards (RSF-Z)
zoning district, which allows for the proposed use and density when certain findings are made.
Pursuant to California Government Code Section 66440 the approving legislative body (City
Council) cannot deny a final map that is consistent with an approved tentative map. The
legislative body is also required to accept, accept subject to improvement or reject, on behalf of
the public, any real property offered for dedication for public use in conformity with the terms of
the offer of dedication. No offers of dedication have been made on this map. Staff has
determined that the Final Parcel Map is consistent with approved Tentative Parcel Map.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Parcel Map 2002-0034 (Parcel Map AT 02-0060)
•
October 14,2002 f)
Final Map 2002-0034 Page 1 of 2 . . 029 9
Exhibit A
Final Parcel Map 2002-0034(Parcel Map AT 02-0060)
7500 San Palo Rd.
•
w
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•
� V V
ITEM
/
DATE:NUMBER: 10/08/2002
�1918tk - r 19 9----
Atascadero City Council
Staff Report—Public Works Department
Final Tract Map 2002-0042 (Tract Map 2444)
[TTM 2001-00081
9385 Musselman Ave.
(Shores)
RECOMMENDATIONS:
Council:
1. Accept Final Tract Map 2002-0042 (Tract Map 2444)
2. Accept offer of dedication for streets and public utility easement on Musselman
3. Authorize the City Manager to execute a Subdivision Improvement Agreement
DISCUSSION:
•
The City Council approved Tentative Tract Map 2001-0008 on February' 22, 2002. Council
approved following items at this meeting: Rezoning from RM -16 (Residential Multi-Family)to
RMF-16 / PD-7 (Residential Multi-Family with Planned Development Overlay #7) with the
adoption of a Master Plan of Development, a ten-lot residential tentative tract map, and a request
to abandon a portion of the Musselman Avenue public right-of-way on APN 030-461-054.
Pursuant to California Government Code Section 66440 the approving legislative body (City
Council) cannot deny a final map that is consistent with an approved tentative map. The
legislative body is also required to accept, accept subject to improvement or reject, on behalf of
the public, any real property offered for dedication for public use in conformity with the terms of
the offer of dedication. Staff recommends accepting the offer of dedication for streets and public
utility easement on Musselman. Staff has determined that the Final Parcel Map is consistent with
approved Tentative Parcel Map.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Tract Map 2002-0042 (Tract Map 2444)
Subdivision Improvement Agreement
•
October 8,2002 03 it
Final Map 2002-0042 Page 1 of 7
Exhibit A
Final Parcel Map 2002-0042(Tract Map 2444)
9385 Musselman Ave.
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October 8,2002
Final Map 2002-0042 Page 2 of 7 _ 032
Exhibit B
Final Parcel Map 2002-0042(Tract Map 2444)
9385 Musselman Ave.
•
FOR RECORDER USE ONLY
RECORDING REQUESTED BY:
City of Atascadero
WHEN RECORDED MAIL TO:
City Clerk
City of Atascadero
6500 Palma Avenue
Atascadero, CA. 93422
CITY OF ATASCADERO
SUBDIVISION IMPROVEMENT AGREEMENT
• DATE OF AGREEMENT:
NAME OF SUBDIVIDER: JIMMIE D. SHORES
SUBDIVISION: 9385 Musselman Ave. (Tract No 2444), Atascadero, CA
ESTIMATED TOTAL COST OF IMPROVEMENTS: $101,496.10
This Agreement made and entered into by and between the City of Atascadero, a
municipal corporation of the State of California (hereinafter referred to as "City") and
JIMMIE D. SHORES (hereinafter referred to as "Subdivider").
RECITALS
A. Subdivider has presented to the City Council of the City of Atascadero Tract Map
2444 for approval but not all of the improvements required or conditions imposed
by Title 11, Chapter 8 Articles 3 and 4 and Chapter 10 of the Atascadero
Municipal Code have been completed or performed.
B. Subdivider desires to record Tract Map 2444 after the same has been approved
by the City Council of the City of Atascadero.
C. The Subdivision Laws establish as a condition precedent to the approval of a
parcel map that Subdivider must have either completed, in compliance with City
• Standards, all of the improvements and land development work required by
Tract Map 2444 or have entered into a secured agreement with City to complete
the improvements and land development within a period of time specified by City.
October 8,2002
Final Map 2002-0042 Page 3 of 7 033
D. In consideration of approval of Tract Map 2444 by the City Council, Subdivider •
desires to enter into this Agreement, whereby Subdivider promises to install and
complete, at the Subdivider's own expense, all of the public improvement work
required by City in connection with Subdivision.
E. Improvement Plans for the construction, installation and completion of the
improvements have been prepared by Subdivider and approved by the City
Engineer. The Improvement Plans for Tract Map 2444 are on file in the Office of
the City Engineer and are incorporated into this Agreement by this reference. All
references in this Agreement to the Improvement Plans shall include reference to
any specifications for the improvements as approved by the City Engineer.
F. An estimate of the cost for construction of the public improvements according to
the Improvement Plans has been made and has been approved by the City
Engineer. The Estimated Total Cost of Improvements is stated on Page 1 of this
Agreement. The basis for the estimate is attached as Exhibit "A" to this
Agreement.
G. Subdivider recognizes that by approval of Tract Map 2444, City has conferred
substantial rights upon Subdivider, including the right to sell, lease, or finance
lots within the subdivision, and has taken the final act necessary to construct the
public improvements within the subdivision. As a result, City will be damaged to
the extent of the cost of installation of the improvements by Subdivider's failure to
perform its obligations under this Agreement, including, but not limited to,
Subdivider's obligation to commence construction of the improvements by the
time established in this Agreement. City shall be entitled to all remedies
available to it pursuant to this Agreement and law in event of a default by
Subdivider. It is specifically recognized that the determination of whether a
reversion to acreage or rescission of Tract Map 2444 constitutes an adequate
remedy for default by the Subdivider shall be within the sole discretion of City.
NOW, THEREFORE, pursuant to the provisions contained in the Atascadero Municipal
Code, Title 11, Chapter 10, sections 11-10.010 through 11-10.022, and in consideration
of the approval by the City Council and the filing of Tract Map 2444, the parties hereto
do promise and agree one with the other as follows:
1. Subdivider is to make and complete all of the improvements for Tract Map 2444
as shown on the Improvement Plans thereof and as required and set forth in Title
11, Chapter 8, Articles 3 and 4, and Chapter 10, of the Atascadero Municipal
Code, or as amended.
2. It is further understood and agreed by and between the parties hereto that the
improvements as required by the conditions of approval for Tract Map 2444 shall
be completed within one year from the Date of Agreement. These improvements
include, but are not limited to the following: those shown on the plans accepted
by the City Engineer and on attached Exhibit A.
3. The Subdivider promises and agrees to complete all improvement work referred
to hereinabove to the satisfaction of the City Engineer.
October 8,2002
Final Map 2002-0042 Page 4 of 7 0 3
• 4. If said improvement work is not completed within one year of the Date of
Agreement, the Subdivider agrees that the City may elect to complete the same.
5. In the event the City elects to complete said work or improvement, the Subdivider
agrees that the City may exercise it's option to declare the bond or deposit, as
hereinafter described, forfeited and utilize the proceeds, including any interest, to
complete said improvements or that the City may complete said improvements
and recover full cost and expense thereof including reasonable attorney fees
from the Subdivider and his/her surety.
6. The Subdivider shall, prior to submitting the map for filing, file an improvement
security with the City, in a form acceptable to the City Attorney, in the amount of
the Estimated Total Cost of Improvements, which is the amount deemed
sufficient by the City Engineer. In no case shall the improvement security be less
than 100% of the Estimated Total Cost of Improvements. Further, the Subdivider
shall file a security for labor and materials in the amount of the Estimated Total
Cost of Improvements. The security for labor and materials shall be no less than
50% of the Estimated Total Cost of Improvements. Periodic progress payments
may be authorized to the Subdivider as the improvements are completed if
adequate security remains as determined by the City Engineer, however, no
such progress payments shall be made for more than 90% of the value of any
work. Progress payments shall only be paid on work that is completed to the
satisfaction of the City Engineer.
7. The Subdivider hereby agrees that after the completion and acceptance of the
improvements as specified in paragraphs 2 and 3, 10% of the improvement
security shall be retained for the guarantee and warranty of the work for a period
of one year.
8. It is understood and agreed by and between the parties hereto that this
Agreement shall bind the heirs, executors, administrators, successors, and
assigns of the respective parties to this agreement.
9. In the event legal action is taken to enforce the provisions of this Agreement, the
prevailing party shall be entitled to recover costs to enforce the Agreement,
including reasonable attorney fees.
10. The Subdivider shall, defend, indemnify and save harmless the City, its officers,
agents and employees from any and all claims, demands, damages, costs,
expenses, or liability occasioned by the performance and attempted performance
of the provisions hereof, or in any way arising out of this Agreement, including,
but not limited to, inverse condemnation, equitable relief, or any wrongful act or
any negligent act or omission to act on the part of the Property Owner or of
agents, employees, or independent contractors directly responsible to the
Property Owner, providing further that the foregoing shall apply to any wrongful
acts, or any actively or passively negligent acts or omissions to act, committed
jointly or concurrently by the Applicant, the Property Owner's agents, employees,
or independent contractors. Nothing contained in the foregoing indemnity
provisions shall be construed to require the Property Owner to indemnify the City
• against any responsibility or liability in contravention of Section 2782 of the Civil
Code.
October 8,2002 r` �-
Final Map 2002-0042 Page 5 of 7 — t 3 5
11. Upon acceptance of the work on behalf of City and recordation of the Notice of
Completion, ownership of the improvements constructed pursuant to this •
Agreement shall vest in City.
12. Sale or other disposition of this property will not relieve Subdivider form the
obligations set forth herein. Subdivider agrees to notify City in writing at least 30
days in advance of any actual or pending sale or other disposition of the
property. If Subdivider sells the property or any portion of the property within the
Subdivision to any other person, Subdivider may request a novation of this
Agreement and a substitution of security. Upon approval of the novation and
substitution of securities, Subdivider may request a release or reduction of the
securities required by this Agreement. Nothing in the novation shall relieve the
Subdivider of the obligations under Paragraph 2 for the work or improvement
done by Subdivider.
13. All notices required or provided for under this Agreement shall be in writing and
delivered in person or sent by mail, postage prepaid and addressed as provided
in this section. Notice shall be effective on the date it is delivered in person, or, if
mailed, on the date of deposit in the United States Mail. Notices shall be
addressed as follows unless a written change of address is filed with City:
City: City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Subdivider: Jimmie D. Shores •
6700 EI Camino Real
Atascadero, CA 93422
Surety: Hurst Financial Corporation
7340 Morro Road
Atascadero, CA 93422
Phone: (805) 466-1776
14. The provisions of this Agreement are severable. If any portion of this Agreement
is held invalid by a court of competent jurisdiction, the remainder of the
Agreement shall remain in full force and effect unless amended or modified by
the mutual consent of the parties.
15. The Recitals to this Agreement are hereby incorporated into the terms of this
Agreement.
16. This Agreement constitutes the entire Agreement of the parties with respect to
the subject matter. All modifications, amendments, or waivers of the terms of this
Agreement must be in writing and signed by the appropriate representatives of
the parties. In the case of City, the appropriate party shall be the City Manager.
•
October 8,2002 i ('
Final Map 2002-0042 Page 6 of 7 V V
IN WITNESS WHEREOF the Property Owner has hereunto set his/her hand and the
• City has caused these presents to be signed by its duly sworn and authorized officers
the day and year first hereinabove written.
CITY OF ATASCADERO
SUBDIVIDER:
By:
Wade G. McKinney, City Manager (Notarize signature)
Attest:
Marcia M. Torgerson
City Clerk
Approved as to content:
• Steven B. Kahn, P.E.
City Engineer
Approved as to form:
Roy A Hanley
City Attorney
•
October 8,2002
Final Map 2002-0042 Page 7 of 7 037
ITEM NUMBER: A-5
DATE: 10/08/2002
Isla Is
Atascadero City Council
Staff Report - Fire Department
Agreement with San Luis Ambulance Services, Inc.
First-Response Emergency Medical Services
RECOMMENDATION:
Council authorize the City Manager to execute a contract with San Luis Ambulance Services, Inc.,
authorizing them to bill persons for first-response emergency medical services provided by the Fire
Department.
DISCUSSION:
• In 1996 the Council approved supporting the Ambulance Performance Operations Committee'
s
(APOC) proposed ambulance agreement (COUNTY AGREEMENT) between the County and the
private provider, San Luis Ambulance Services, Inc. (SLAS). This ambulance agreement was
originally presented and approved for a contract period of five years by the Board of Supervisors on
March 26, 1996. The board approved a new COUNTY AGREEMENT between the County and
SLAS on April 16, 2002.
The COUNTY AGREEMENT provides for SLAS to reimburse the City of Atascadero in the amount
of$83,250 for first-response emergency medical services provided by its Fire Department. To provide
funds for this payment, Article 4 of the Contract requires a separate contract be entered between the
City of Atascadero and SLAS allowing them to directly bill persons receiving this service
(Attachment).
FISCAL IMPACT:
The General Fund will receive $83,250 annually, which may be adjusted each July 1 during the term of
the contract. This increase will be equal to the percentage increase of the Los Angeles-Riverside-
Orange County Consumer Price Index. The adjustment will not exceed a total maximum increase of
5%.
• The term of this Agreement coincides with the term of the COUNTY AGREEMENT, which is five
years, with three one-year extension options that commence in April 2007. Unless the COUNTY
- X38
ITEM NUMBER: A-5
DATE: 10/08/2002
AGREEMENT is terminated, the term of these agreements shall be automatically extended for a
period not to exceed twelve months. •
ALTERNATIVE:
Reject the contract proposal
ATTACHMENT:
Draft Agreement
•
•
039
DRAFT AGREEMENT FOR ASSIGNMENT OF BILLING RIGHTS
• FOR FIRST RESPONDER SERVICES
This Agreement for Assignment of Billing Rights for First Responder Services ("Agreement"),
by and between the City of Atascadero, a municipal corporation City and San Luis Ambulance Service,
Inc., a California corporation ("SLAS") is entered into on the date set forth below. Collectively, the
parties to this agreement are referred to as "the parties."
RECITALS
Whereas, SLAS is party to an April 16, 2002 agreement (COUNTY AGREEMENT) with the
County of San Luis Obispo to provide ambulance services within the County of San Luis Obispo; and
Whereas, Article 4 of the COUNTY AGREEMENT provides that SLAS shall make certain
payments to the City in exchange for a general assignment of the City's rights to bill persons for certain
services provided its fire department in connection with emergency calls for medical assistance; and
Whereas, City's fire departments meet minimum Advanced Life Support Services requirements
and/or EMT-D qualifications as set forth by the County of San Luis Obispo's Emergency Medical
Service Agency; and
Whereas, Article 3 of the COUNTY AGREEMENT provides Performance standards utilizing
. City's First Responder Advanced Life Support and/or EMT-D services in meeting SLAS deployment
plan goals; and
Whereas, Article 4 of the COUNTY AGREEMENT requires that the parties to this Agreement
enter into a separate written agreement providing for assignment of the City's rights to bill persons for
these services.
NOW, THEREFORE, IN CONSIDERATION OF THE PROVISIONS SET FORTH BELOW, THE
PARTIES AGREE AS FOLLOWS:
1. Definitions: The parties hereby incorporate by reference all definitions set forth in
Article 1 of the COUNTY AGREEMENT.
2. Assignments: City hereby assigns its rights to SLAS to directly bill persons for first-
response emergency medical services provided by its fire department in connection with emergency
calls for medical assistance. First-response emergency medical services provided by the City's fire
department include, but are not limited to, providing initial stabilization and trained on-scene assistance,
and assistance en-route to medical facilities as required, and extrication and rescue services.
3. Payment for Assignment: In consideration of the assignment set forth in paragraph 2
above, SLAS shall pay to City the sums described in the COUNTY AGREEMENT, in the manner set
forth in the COUNTY AGREEMENT.
040
4. Annual Adjustment to Payments: Annual adjustments to the CITY shall be in the
manner set forth in the COUNTY AGREEMENT. •
5. Equipment Exchange and Replacement: SLAS shall establish a restocking plan and
replenish disposable medical supplies and equipment used by CITY in connection with each patient
transport as set forth in the COUNTY AGREEMENT.
6. Indemnification: SLAS shall defend, indemnify, save and hold harmless the City and its
officers and employees from any and all claims, costs and liability (including without limitation,
attorneys' fees) for any damages, sickness, death or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or
connected with the operations or services of SLAS or its agents, servants, employees or subcontractors,
save and except claims or litigation arising from the sole negligence or sole willful misconduct of the
City or its officers or employees.
7. Term: The term of this Agreement shall be the same as the term set forth in the
COUNTY AGREEMENT.
8. Early Termination: This Agreement may be terminated by either party, in its sole
discretion, upon one hundred eighty days' advance written notice to the other party. This Agreement
may be terminated immediately upon written mutual agreement of the parties. Furthermore, City may
terminate this Agreement immediately should the County of San Luis Obispo terminate the COUNTY
AGREEMENT with SLAS as provided in Section 7.3 of that agreement.
9. Modification: This Agreement may be modified or amended only by a written
document executed by the City and SLAS, This Agreement contains all the terms and conditions
agreed upon by the parties. Except as expressly provided for in this Agreement, not other
understanding or representation, oral or otherwise, regarding the subject matter of this Agreement, shall
bind or affect either of the parties.
Executed and entered into this day of , 2002.
City of Atascadero SAN LUIS AMBULANCE SERVICE, INC.
By:
Title: Frank I. Kelton
President and CEO
City of Atascadero
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
041
ITEM NUMBER: B-1
DATE: 10/08/2002
1331 so
• x _
Atascadero City Council
Staff Report - Community Development Department
Zone Change 2002-0029 / Conditional Use Permit 2002-0067
Vesting Tentative Tract Map 2002-0014 (Tract 2454),
2000 Ferrocarril Road
(Kelly Gearhart/Wilson Land Surveys)
RECOMMENDATION:
Planning Commission Recommends:
1. Adopt draft Resolution A, to certify the proposed Mitigation Negative Declaration 2002-
0030; and,
• 2. Introduce for first reading by titleonly, the draft Ordinance, approving Zone Change 2002-
0029; and,
3. Adopt Resolution B, approving Conditional Use Permit 2002-0067 for the Master Plan of
Development subject to findings and conditions of approval; and,
4. Adopt draft Resolution C, approving Vesting Tentative Tract Map 2002-0014, subject to
findings and conditions of approval.
REPORT IN BRIEF:
The proposed project consists of Planned Development Zone Change to PD-16 with a Master
Plan of Development to allow a 16-lot single-family residential subdivision with an average
minimum lot size of 2.5 acres. One of the lots will be a 5.76-acre open space lot with an
equestrian/pedestrian trail and parking area. The project will permit the construction of 13
additional single-family dwellings. The site has rolling topography and large flat areas with
numerous oak trees and native vegetation. The site is located between the Salinas River and the
Union Pacific Railroad. Access will be provided from a street extension off of El Camino Real
that will require construction of a grade separated railroad crossing. No water or sewer services
are available to the site currently. The site will be served by individual septic systems and will
apply for annexation to the Atascadero Mutual Water Company's service area. The project is
• consistent with the General Plan Land Use designation and requires a Planned Development
042
ITEM NUMBER: B-1
DATE: 10/08/2002
SITUATION AND FACTS: •
1. Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA
93422 Phone: 805/674-3711
2. Property Owner: Kelly Gearhart
3. Representative: Ken Wilson, Wilson Land Survey, 7400 Morro Road,
Atascadero, CA 93422
4. Project Address: 2000 Ferrocarril, Atascadero, CA 93422
APN 049-023-030, 049-291-016, 049-291-005
5. General Plan Designation: SE (Suburban Estates)
Vested: PUB (Public) and SSF (Single Family Suburban)
6. Zoning District: RS (Residential Suburban)
Vested: P (Public) and RS (Residential Suburban)
7. Site Area: 31+/- acres (gross)
8. Existing Use: Mostly vacant with one house at the end of Ferrocarril.
9. Environmental Status: Proposed Mitigated Negative Declaration posted July 26,
2002
Site description: The site is a relatively flat area located between the Union Pacific Railroad and
the Salinas River at the north end of Ferrocarril Road. There are 331 native oak trees on the site
and numerous open areas with grasses and brush. The site is above the 100-year flood plain and
was mined around the turn of the century for aggregate material. The character of the area is
defined by large open areas along the river and large lot rural residential uses.
DISCUSSION OF PLANNING ISSUES:
Planning Commission Hearing: The Planning Commission held a public hearing on September
17, 2002 on the proposed project. Public comment on the project was limited to a single property
owner located across the River. The Commission's deliberations focused on the following issues:
native tree inventory, annexation to the Atascadero Mutual Water Company, project phasing and
access to El Camino Real. There was some confusion regarding the project proximity to the
Salinas River and the riparian corridor. The following picture indicates that the project area is not
directly adjacent to the River. The Planning Commission minutes are attached as Attachment 2.
The Planning Commission added a condition to the map at the applicant's request to allow the
final map to be recorded in two phases. The first phase would include recordation of the 5.76-
043
ITEM NUMBER: B-1
DATE: 10/08/2002
• acre open space lot) The Planning Commission voted 6-0 to recommend approval of the project
to the City Council.
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Project Area
X44
ITEM NUMBER: B-1
DATE: 10/08/2002
General Plan /Zoning Consistency: the City received the project application on March 8, 2002 •
while the General Plan Update was still in process. The application included a Vesting Tract
Map. Vesting maps are protected from changes to the General Plan and Zoning once they are
deemed complete. Therefore, although the General Plan designation on a portion of the site has
changed from PUB (Public) to SE (Suburban Estates) the map will be subject to the previous
General Plan rules. Since both the old and new General Plan designations allow for single-family
residential development on 2.5-acre minimum lots the project would be permitted under either
designation and staffs analysis and recommendation would be the same.
•
04J
ITEM NUMBER: B-1
DATE: 10/08/2002
Cluster Development/PD 16: Last year the Planning Commission and City Council approved a
new cluster residential planned development overlay zone known as PD-16. The purpose of PD-
16 is to allow for the clustering of smaller lots on portions of the site that are appropriate for
development while avoiding constrained portions of the site. The proposed project includes a
request for a PD-16 overlay to allow for the clustering of lots. The project parcel is an old
railroad right-of-way that included a long narrow portion that runs parallel to the railroad tracks.
Since this parcel has been designated as residential, the owner could apply for a subdivision map
that would create up to three residential parcels along this narrow flag. Instead of developing the
flag portion, the project proposes to provide the flag as a 5.77-acre open space parcel that will
include pedestrian and equestrian access trail connection to the Salinas River. By utilizing the
PD-16 overlay the residential density of the flag portion can be transferred in the form of smaller
lots to another portion of the site. Overall, the project density will remain at 1 unit per 2.50 acres
but some of the lots will range down to 1.0 acre in area in exchange for the 5.77-acre open space
parcel. The PD-16 overlay requires the approval of a Master Plan of Development (MPD) in the
form of a Conditional Use Permit. The MPD regulates the location and appearance of future
houses within the project. The text of PD-16 is included below:
\ 3
1 \
\ Clustered Lots
Open Space Lot
X
U�b
ITEM NUMBER: B-1
DATE: 10/08/2002
Planned Development 16 zoning text: •
(a) Purpose. The purpose of the distract 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 Master Plan of Development.
The Master Plan of Development shall contain the following:
(i) A site plan indicating land use, common 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.
•
047
ITEM NUMBER: B-1
DATE: 10/08/2002
•
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U-x
ITEM NUMBER: B-1
DATE: 10/08/2002
Access: The project is located at the end of Ferrocarril Road which is an existing cul-de-sac in •
excess of 3,000 feet in length. Due to its length and number of existing dwellings, Ferrocarril
Road is not in conformance with City street standards. Consequently, the project could not
extend Ferrocarril or add additional units without providing a secondary access point. The
project proposes to provide this secondary access point from El Camino Real to the north at
Home Depot. The Home Depot project includes a roadway bridge over the Union Pacific
Railroad that would provide access just north of the proposed project. The map and improvement
plans call for the installation of the bridge and the extension of Ferrocarril Road north to connect
with El Camino Real. This is the preferred alternative by the City Fire Department because it
provides two access points across the railroad for existing development along the River.
Currently the Lakes project and Ferrocarril are accessible only at the Chico Road grade railroad
crossing.
In order to provide the road connection to El Camino Real, the project will need to acquire an
easement from the Atascadero Mutual Water Company (AMWC). The AMWC has provided
project conditions for acquisition of the easement. These conditions have been included on the
map.
Common On-Site Facility Maintenance: Consistent with City policy, the project is conditioned
that all road be privately owned and maintained with public access easements provided. The City
Engineer is recommending that the applicant provide for the maintenance of on-site shared
improvements including the streets, trails and the railroad bridge. The two methods that may be
used are either a Homeowners Association or Assessment districts. •
• Homeowners Association - An Association is formed and funded by monthly dues. This
Association would be responsible for the maintenance, repair and replacement of the facilities,
as well as enforcement of the CC&R's. The homeowners elect a board that runs the
Homeowners Association. This gives the residence direct control over their neighborhood.
Homeowners Associations are commonly used on developments such as this.
• Assessment District and Landscape and Lighting District - Funds for the maintenance, repair
and replacement of the facilities could be collected on the property tax bill and distributed to
the City. The City would use the funds to complete the required work. There are no existing
Landscape and Lighting Districts in the City. Public Works Staff is working on setting up
Assessment Districts for exiting roads in the City, but none have been started yet. A system
will need to be set up to provide this service.
049
ITEM NUMBER: B-1
DATE: 10/08/2002
Access Road to El
Camino Real
Railroad Crossing
Bridge
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i
650
ITEM NUMBER: B-1
DATE: 10/08/2002
Water Service &AMWC Annexation: The project parcel was originally railroad right-of-way that •
predated the creation of the Atascadero Colony. When the Atascadero Colony was mapped and
the Atascadero Mutual Water Company (AMWC)was created, railroad parcels were not included
in the water service area and were not issued water shares. Due to a number of legal issues
related to the AMWC's water rights, the AMWC cannot provide water service outside of its
boundaries. As a result, the project parcel cannot be served by the AMWC at this date. In order,
to receive water service, the parcel must be annexed to the AMWC district, which requires an
engineering analysis, and State approval of an issuance of water shares. The applicant, City and
AMWC are all in agreement that annexation is the best option for providing domestic water and
fire suppression water. The project has been conditioned to require the applicant to go through
the annexation process. If for some unseen reason the State denies the annexation, the project
could be developed with individual wells and fire storage tanks.
Trails: The project includes a system of pedestrian and equestrian trails that will provide access
to the Salinas River and De Anza Trail. One trail segment includes a staging area at Chico Road
and then runs along the flag lot parallel to the railroad. A second trail segment is conditioned
along the east side of the road that runs through the project. This trail segment will provide a
connection from the current end of Ferrocarril Road to Graves Creek.
Native Trees: There are 331 native live and white oak trees located within the project area. An
arborist report has been prepared for the project by Arbor Tree Surgery and is included in the
conditions of approval. The arborist report determined that 15 trees would be impacted by
development of the subdivision improvements, primarily the road. Of those trees only one 14- •
inch live oak tree needs to be removed. The arborist report recommends mitigation measures for
the preservation of the other trees. There are no sycamore trees located on the project site.
Environmental Issues: An expanded initial study has been prepared for the project to assess
potential environmental issues related to the site. The applicant has prepared technical studies
assessing archaeology, biology, kit fox habitat, noise, soils and native trees. Due to the historic
mining that occurred on the site, no cultural resources were found. The initial study is included as
an attachment to resolutions of approval. The studies found that all of these potential issues could
be mitigated to a level of less-than-significant. The mitigation measures have been included as
conditions of project approval.
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.
CONCLUSIONS:
• The project density is in conformance with both the current and previous General Plan; and
•
051
ITEM NUMBER: B-1
DATE: 10/08/2002
• • The subdivision is consistent with the Subdivision Ordinance; and
• The project meets the Planned Development 16 standards contained in the City's Zoning
Ordinance.
ALTERNATIVES:
1. The City Council may approve the project subject to additional or revised project conditions.
The Council's motion to approve needs to include any new or revised project conditions.
2. The Council may deny the project.
3. The Council 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.
ATTACHMENTS:
Attachment 1 -- Location Map (General Plan&Zoning)
• Attachment 2 - Draft Planning Commission Minutes
Attachment 3 -- Draft Resolution A
Attachment 4 -- Draft Ordinance A
Attachment 5 -- Draft Resolution B
Attachment 6 -- Draft Resolution C
•
052
01
'. ill ^IIID {II
ATTACHMENT 2: Planning Commission Minutes
DRAFT
I moo, CITY OFATASCADERO
PLANNING COMMISSION MINUTES
Regular Meeting
September 17, 2002 — 7:00 P.M.
CALL TO ORDER
Chairman Bentz called the meeting to order at 7:02 p.m. and Commissioner Eddings led the
Pledge of Allegiance.
• ROLL CALL
Present: Commissioners Eddings, Jones, Kelley, O'Malley, Fonzi and Chairman Bentz
Absent: None
Staff- Community Development Director Warren Frace, Assistant Planner Glenn Rider,
City Engineer Steve Kahn, Fire Chief Kurt Stone and Recording Secretary Grace
Pucci.
PUBLIC COMMENT
None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON SEPTEMBER 3. 2002.
v5 4
ITEM NUMBER:
DATE: 10-8-02
MOTION.- By Commissioner O'Malley and seconded by Commissioner Eddings to a rove
PP
the Consent Calendar.
AYES. Commissioners O'Malley, Eddings, Kelley, Jones, Fonzi, and Chairman Bentz
NOES. None
ABSTAIN.• None
Motion passed 6:0 by a roll-call vote.
PUBLIC HEARINGS
2. ZCH 2002-0029 / CUP 2002-0067 /VESTING TTM 2002-0014
Applicant: Kelly Gearhart, 6205 Alcantara, Atascadero, CA 93422
Project Title: ZCH 2002-0029/CUP 2002-0067/Vesting TTM 2002-0014
Project 2000 Ferrocarril Road (East of Union Pacific Railroad), Atascadero, San Luis
Location: Obispo County APN 049-023-030, 049-291-016, 049-291-005
Project The proposed project consists of Planned Development Zone Change with a Master
Description: Plan of Development to allow a 16 lot single-family residential subdivision with an
average minimum lot size of 2.5 acres. One of the lots will be a 5.76-acre open space
lot with an equestrian/pedestrian trail and parking area. The project will permit the
construction of 13 additional single-family dwellings. The site has rolling topography
and large flat areas with numerous oak trees and native vegetation. The site is
located between the Salinas River and the Union Pacific Railroad. Access will be
provided from a street extension off of El Camino Real that will require construction of
a grade separated railroad crossing. No water or sewer services are available to the
site, and the site will be served by individual wells and septic systems. The project is
consistent with the General Plan Land Use designation and requires a Planned
Development Overlay for zoning consistency. General Plan Designation: SE
Suburban Estates Zoning District: RS Residential Suburban
Proposed PROPOSED NEGATIVE DECLARATION 2002-0030:
Environmental Based on the findings of the initial study,the Community Development Department
Determination recommends that the Planning Commission find that no significant harm would come
to the environment from approval of this project. The proposed Negative Declaration
is available for public review at 6500 Palma Avenue, Community Development
Department, Room 104, from 8:00 a.m.to 5:00 .m., Monday through Friday.
Staff 1. Adopt Resolution No. PC 2002-0048, recommending that the City Council certify
Recommends: the proposed Mitigation Negative Declaration 2002-0030,and,
ITEM NUMBER:
• DATE: 10-8-02
2. Adopt Resolution No. PC 2002-0049, recommending that the City Council
introduce an ordinance for first reading to approve Zone Change 2002-0029,and,
3. Adopt Resolution No. PC 2002-0050 recommending that the City Council approve
Conditional Use Permit 2002-0067 for the Master Plan of Development subject to
findings and conditions of approval; and,
4. Adopt Resolution No. PC 2002-0051 recommending that the City Council approve
Vesting Tentative Tract Map 2002-0014, subject to findings and conditions of
approval.
Community Development Director Warren Frace provided the staff report and with City
Engineer Steve Kahn and Fire Chief Kurt Stone answered questions of the Commission.
PUBLIC COMMENT
Russ Thompson, R. Thompson Consulting, applicant's representative, commended Mr. Frace on
his presentation and requested the following changes
1. Condition of Approval No. 42 (page 80): Strike the words `prior to the recordation of
the Final Map, 'and replace with 'prior to the issuance of residential building permits. "
2. Condition of Approval No. 46 (page 80): Revise the first sentence to read; "The
• applicant shall record a road maintenance agreement or assessment district for the
bridge, roads and multi purpose trail. "
3. Condition of Approval No. 50 (page 81): Modify the last sentence to read "The septic
system design and percolation testing would be in accordance with the Regional Quality
Control Board's Basin Plan No. 8312. "
4. Condition of Approval No. 52 (page 81): Modify the last sentence to read "The reports
will be reviewed and approved by County Health Department and City of Atascadero
and the A taseadeFe Mutual Water&�. Wpffl�j,
Mr. Thompson answered questions of the Commission.
John Neil, Atascadero Mutual Water Company, responded to questions raised by the
Commission:
1. Mr. Neil elaborated on the annexation process.
2. Question regarding private wells: The Water Company is concerned with interference by
their community wells on the private wells in the project, particularly in a drought when
the private wells could possibly run dry.
3. Conditional of Approval No. 52: Agree with the change as suggested by Mr. Thompson.
4. Conditional of Approval No. 23 (page 51) and No. 26 (page 77): Requested a change to
the end of the first sentence to read "or as otherwise approved by Atascadero Mutual
Water Company. "
Mr. Neil answered questions of the Commission.
•
056
ITEM NUMBER:
DATE: 10-8-02
Gary Reichart, 955 Templeton Road, owner of the property across the river from the project site, •
expressed the following concerns:
1. Leach fields: There are two open wells on the property and the leach fields are in close
proximity to both creating the possibility of contamination of the aquifer.
2. Phase IP Feels the Commission is rubberstamping Phase II along with Phase L
3. Erosion of embankment: The river embankment was backfilled in 1969 with a large
quantity of hazardous material including blacktop, which is a petroleum product. This
backfill is continuously eroding into the system. (Mr. Riechart provided the Commission
with a sample of the backfill material and pictures of the embankment.)
Russ Thompson asked the Commission to consider allowing the project to proceed in two phases
by finalizing a map that would allow the two existing houses to be created on two lots and sold
(Phase I)prior to the rest of the project commencing(Phase II).
Kelly Gearhart, applicant, stated that the issues raised by Mr. Reichart effect not the project in
question tonight but rather the property behind Home Depot. Regarding the existing wells,
Environmental Health has advised him of complaints they have received on these wells and he
will be addressing their concerns.
Chairman Bentz closed the Public Comment period.
Commissioner O'Malley commended staff for their work on the project and asked Director ,
Frace to review the issues raised in the Public Comment period and state staff's position on
each. Mr. Frace responded as follows:
1. Condition No. 26(page 77): Staff is in agreement with the proposed change.
2. Condition No. 42 (page 80): Staff is in agreement with the proposed change.
3. Condition No. 46(page 80): Staff is in agreement with the proposed change.
4. Condition No. 50 (page 81): Staff is in agreement with the proposed change.
5. Condition No. 52 (page 81): Staff is in agreement with the proposed change.
6. Phasing of the recordation of the final map to allow the single one-acre lot at the end of
Ferrocarril to record prior to the other lots. This lot is actually in the Water District so
it is possible to phase the project as requested. If the Commission were to agree to the
phasing, staff recommends that the easement for the 5.7-acre open space area and trail
be required to record concurrently with that single lot.
7. Condition No. 23 (page 51): Staff is in agreement with the proposed change.
Commissioner Fonzi expressed concern with the Negative Declaration and feels it does not cover
some of the issues raised during the Public Comment period or by the Arborist. Mr. Frace
responded that there was a geotechnical report submitted by Buena Geotechnic, and there was
no disclosure that there was any asphalt or fill problems on the property. This project area,
though next to the overall river area, is not close to the flow lines and though there may be
issues with the fill, this is not part of tonight's project. Director Frace and Fire Chief Stone
answered additional questions of Commissioner Fonzi regarding train vibration and noise •
ITEM NUMBER:
DATE: 10-8-02
• mitigation, hazardous material spills and toxic diesel exhaust fumes, exclusion of sycamore trees
in protection plan and traffic impacts.
There was Commission discussion regarding the issue of annexation and private vs. community
wells.
MOTION: By Commissioner Kelley and seconded by Commissioner Eddings to adopt
Resolution No. PC 2002-0048, recommending that the City Council certify the
proposed Mitigation Negative Declaration 2002-0030; and, adopt Resolution No.
PC 2002-0049, recommending that the City Council introduce an ordinance for
first reading to approve Zone Change 2002-0029; and, adopt Resolution No. PC
2002-0050 recommending that the City Council approve Conditional Use Permit
2002-0067 for the Master Plan of Development subject to findings and conditions
of approval; and, adopt Resolution No. PC 2002-0051 recommending that the City
Council approve Vesting Tentative Tract Map 2002-0014, subject to findings and
conditions of approval with the following changes:
1. Condition of Approval No. 42 (page 80): The bridge construction from the
end of Ferrocarril to the end of El Camino Real shall be completed and
approved by the City of Atascadero prior to the r-eeordafien of the Finalkktp
the issuance of residential building permits.
2. Condition of Approval No. 46 (page 80): The applicant shall record a road
maintenance agreement or assessment district for the bridge, roads and multi-
purpose trail.
3. Condition of Approval No. 50 (page 81):
be submitted to the Regional Water Quality nbrel Beard figr affre
Replace with: The septic system design and percolation testing will be in
accordance with the Regional Quality Control Board's Basin Plan No 8312
4. Condition of Approval No. 52 (page 81): The reports will be reviewed and
approved by County Health Department and City of Atascadero and the
5. Condition of Approval No. 23 (page 51) and No. 26 (page 77): The applicant
shall provide the easement by separate instrument, shall show the easement on
the final map, and shall address the restrictions in the Conditions, Covenants
and Restrictions (CC&R's) for the project, or as otherwise approved by
Atascadero Mutual Water Company.
6. Phasing of the recordation of the final map to allow the single one-acre lot at
the end of Ferrocarril to record prior to the other lots, and the easement for
the 5.7-acre open space area and trail to record concurrently with that single
lot.
AYES.Commissioners Kelley, Eddings, Jones, O'Malley,Fonzi and Chairman Bentz
•
G�
ATTACHMENT 3: Draft Resolution A
DRAFT
RESOLUTION A
A RESOLUTION OF THE ATASCADERO
CITY COUNCIL CERTIFING NEGATIVE DECLARATION 2002-0030 PREPARED
FOR ZONE CHANGE 2001-0029, CONDITIONAL USE PERMIT 2001-0067, AND
VESTING TENTATIVE TRACT MAP 2001-0014
(2000 Ferrocarril/Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422, (Applicant & Owner), to consider a project consisting of a
Planned Development overlay zone change to PD-16 with the adoption of a Master Plan of
Development, and an sixteen-lot cluster residential tract map, on a 31+/- acre lot located at 2000
Ferrocarril Road (APN 049-023-030, 049-291-016, 049-291-005); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002-0030 were
• prepared for the project and made available for public review in accordance with the requirements
of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission of the City of Atascadero held a public hearing
following the close of the review period for the Initial Study and Draft Negative Declaration to
consider its adequacy; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a public hearing held
on Tuesday, September 17, 2002, recommended that the City Council certify Mitigated Negative
Declaration 2002-0030,
NOW, THEREFORE, the Atascadero City Council, at a public hearing held on Tuesday,
October 8, 2002, hereby resolves to certify Mitigated Negative Declaration 2002-0030 based on
the following Findings as shown on Exhibit A:
1. The Negative Declaration has been completed in compliance with CEQA; and,
2. The Mitigated Negative Declaration was presented to the Planning Commission, and
the information contained therein was considered by the Planning Commission, prior
to recommending action on the project for which it was prepared; and,
•
U�C1
City Council Resolution A
October 8,2002
3. The project does not have the potential to create a significant environmental impact;
and,
4. The Draft Mitigated Negative Declaration will be forwarded to the City Council, and
the information therein contained will be considered by the City Council, prior to
taking final action on the project.
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
061
RECEIVED. �
• JUL. 2 6 20
02
JULIE L.RODEWALD
- C00t,clerk
t�a�ji '�'.� II
1915 .. ,,a By pepuv CITY OF ATASCADERO
� i PROPOSED MITIGATED
NEGATIVE DECLARATION #2002-0030
6500 Palma Avenue Atascadero,CA 93422 805/461-5035
Applicant: Kelly Gearhart, 6205 Alacantara,Atascadero, CA 93422
Project Title: ZCH 2002-0029/CUP 2002-0067/Vesting TTM 2002-0014
Project 2000 Ferrocarril Road(East of Union Pacific Railroad),Atascadero, San Luis
Location: Obispo County APN 049-023-030, 049-291-016,049-291-005
Project The proposed project consists of Planned Development Zone Change with a Master Plan of Development
Description: to allow a 16 lot single family residential subdivision with an average minimum lot size of 2.5 acres. One
of the lots will be a 5.76-acre open space lot with an equestrian/pedestrian trail and parking area. The
project will permit the construction of 13 additional single family dwellings. The site has rolling
topography and large flat areas with numerous oak trees and native vegetation. The site is located
between the Salinas River and the Union Pacific Railroad. Access will be provided from a street
extension off of EI Camino Real that will require construction of a grade separated railroad crossing. No
water or sewer services are available to the site,and the site will be served by individual wells and septic
systems. The project is consistent with the General Plan Land Use designation and requires a Planned
Development Overlay for zoning consistency.
• General Plan Designation: SE(Suburban Estates)
Zoning District: RS Residential Suburban
Findings:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited,but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
Determination:
Based on the above findings,and the information contained in the initial study 2002-0030(made a part hereof by.
reference and on file in the Community Development Department),it has been determined that the above project will
not have an adverse impact on the environment when the following proposed mitigation measures are incorporated
into the project(see attachment).
Prepared By: Warren Frace
Date Posted: July 26,2002
Public Review Ends: August 16,2002
Attachments: 1. Mitigation Measures
2. Location Map
• 3. Site Plan/Tentative Tract Map
062
File ZCH 2O02-0029.IS-MHD.7.25,02.11110 Print Date:07/2&029:)7 AM
6500 PALMA AVENUE • ATASCADERO,CALIFORNIA 93422 • (805)461-5035 9 FAX 461-5036
1918CAD' CITY OF ATASCADERO
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
Applicant: Kelly Gearhart, 6205 Alacantara,Atascadero,CA 93422
Project Title: ZCH 2002-0029/CUP 2002-0067/Vesting TTM 2002-0014
Project 2000 Ferrocarril Road(East of Union Pacific Railroad),Atascadero, San Luis
Location: Obispo County APN 049-023-030,049-291-016,049-291-005
Project The proposed project consists of Planned Development Zone Change with a Master Plan of Development
Description: to allow a 16 lot single family residential subdivision with an average minimum lot size of 2.5 acres. One
of the lots will be a 5.76-acre open space lot with an equestrian/pedestrian trail and parking area. The
project will permit the construction of 13 additional single family dwellings. The site has rolling
topography and large flat areas with numerous oak trees and native vegetation. The site is located
between the Salinas River and the Union Pacific Railroad. Access will be provided from a street
extension off of El Camino Real that will require construction of a grade separated railroad crossing. No
water or sewer services are available to the site,and the site will be served by individual wells and septic
systems. The project is consistent with the General Plan Land Use designation and requires a Planned
Development Overlay for zoning consistency.
General Plan Designation:SE(Suburban Estates)
Zoning District:RS Residential Suburban
Lead Agency Name City of Atascadero •
and Address: 6500 Palma Avenue Atascadero,CA 93422
Contact Person and Warren Frace
Phone Number: City of Atascadero
6500 Palma Avenue,Room 104
Atascadero,CA 93422
General Plan Residential Suburban Estates (SE) 2.5-10 acre minimum lot size.
Designation:
Zoning: Residential Suburban(RS)2.5-10 acre minimum lot size.,
Surrounding Land North: Home Depot Commercial Center PD-9
Uses and Setting:
South: Large lot Rural Residential
West: Union Pacific Railroad
East: Salinas River/Atascadero Mutual Water Company property
Other public None.
agencies whose
approval is required
(e.g.,permits,financing
approval,or participation
agreement)
•
07/26/02 ZCH 2002-0029.IS-MND.7-25-02.wmr.doc
- 063
CITY OF ATASCADERO
rNITIAL STUDY
• Attachment 1
Mitigation Measures
3.b.1. The project shall be conditioned to comply with all applicable District regulations pertaining to the control of
fugitive dust(PM-10)as contained in section 6.4 of the 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 vehicle speed shall be limited to 15 mph for 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.
L. Wheel washers may be required when significant offsite import or export of fill is involved.
3.c.1. A multi-use Class I bicycle, pedestrian and equestrian trail will be provided from Chico Road to the Salinas
River and along the shoulder of the new proposed street.
3.c.2. Large canopy shade trees shall be provided along street frontages to minimize urban heat build-up.
4.e.1. All construction within the drip lines of native trees shall be consistent with the mitigation requirements of
the 5/13/02 arborist report.
4.e.2. A tree fencing protection plan shall be submitted with construction plans and installed prior to permit
issuance.
4.e.3. All tree removals shall be mitigated consistent with the requirements of the Atascadero Native Tree
Ordinance.
4.e.4. An arborist shall be retained monitor construction,mitigations,and overall tree health.
8.c.1. A Storm Water Pollution Prevention Plan(SWPPP)will be required to be approved by the RWQCB prior to
construction.
11.a.1. Deed disclosures shall be recorded against all lots notifying potential buyers that noise levels on
their property will most likely exceed the recommended limits established by the City of
Atascadero when trains are present on the tracks. Advise buyers that noise levels during train
passbys will be very loud, potentially annoying, and perhaps startling.
11.a.2. Locate outdoor living spaces out of direct line-of-sight with the railway to the extent possible.
07/26/02 ZCH 2002-0029.IS-MND.7.25-02.wmf.doc
U64
CITY OF ATASCADERO
IMHAL STUDY
11.a.3. Installed landscaped berms around outdoor living areas that have direct line-of-sight with the •
railway.
11.a.4. Construct all housing will stucco siding and concrete or tile roofing materials to reduce interior
noise.
11.a.5. Minimize windows that have direct line of sight with railway.
•
0726/02 ZCH 2002-0029.IS-MND.7-25-02.wmf.doc
`— J CITY OF ATASCADERO
INITIAL STUDY
• Attachment 2
Location Map
2000 Ferrocarril
Atascadero, CA
Project Site
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07/26/02
2CH 2002-0029.IS-MND.7-25-02.wmf.doc P
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CITY OF ATASCADERO
INITIAL STUDY
• ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project,involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality
❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils
❑ Hazards&Hazardous ❑ Hydrology/Water Quality ❑ Land Use/Planning
Materials
❑ Mineral Resources ❑ Noise ❑ Population/Housing
❑ Public Services ❑ Recreation ❑ Transportation/Traffic
❑ Utilities/Service Systems ❑ Mandatory Findings of Significance
On the basis of this initial evaluation:
❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
• ® I find that although the proposed project could have a significant effect on the environment,there will
not be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment,and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a"potentially significant effect"or"potentially significant
unless mitigated"impact on the environment but at least one effect 1
P � )has been adequately analyzed in an
q Y
Yz
earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT
REPORT is required,but it must analyze only the effects that remain to be addressed.
❑ I find that although the proposed project could have a significant effect on the environment,there
WILL NOT be a significant effect in this case because all potentially significant effects(a)have been
analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards
and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,
including revisions or mitigation measures that are imposed upon the proposed project.
7/"c
• Warren Fra Dat
Community Development Director
07/26/02 ZCH 2002-0029.IS-MND.7-25-02.wmf.doc t
CITY OFATASCADERO
b
IMTL4L STUDY
•
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except"No Impact"answers that are adequately supported by the
information sources a Lead Agency cites following each question. A"No Impact"answer is adequately
supported if the referenced information sources show that the impact simply does not apply to projects like the
one involved(e.g.the project falls outside a fault rupture zone). A"No Impact"answer should be explained
where it is based on project-specific factors as well as general standards(e.g.the project will not expose
sensitive receptors to pollutants,based on a project-specific screening analysis).
2) All answers must take account of the whole action involved,including off-site as well as on-site,cumulative as
well as project-level,indirect as well as direct,and construction as well as operational impacts.
3) "Potentially Significant Impact"is appropriate if there is substantial evidence that an effect is significant. If
there are one or more"Potentially Significant Impact"entries when the determination is made,an EIR is
required.
4) "Potentially Significant Unless Mitigation Incorporated"applies where the incorporation of mitigation measures
has reduced an effect from"Potentially Significant Impact"to a"Less than Significant Impact." The Lead
Agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than
significant level(mitigation measures from Section XVII, "Earlier Analyses,"may be cross-referenced).
5) Earlier analyses may be used where,pursuant to the tiering,program EIR,or other CEQA process,an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses
are discussed"in Section XVII at the end of the checklist. •
6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential
impacts(e.g.general plans,zoning ordinances). Reference to a previously prepared or outside document
should,where appropriate,include a reference to the page or pages where the statement is substantiated. A
source list should be attached. Other sources used or individuals contacted should be cited in the discussion.
•
07/26/02 ZCH 2002-0029.IS-MND.7-25-02.wmf.doe
.. . V 6
CITY OF ATASCAI3ER0
INITIAL STAY
•
Initial Study 2002-0030 Potentially Less Than Less Than No
Significant Significantwith Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
1.AESTHETICS--Would the project:
a) Have a substantial adverse effect on a scenic vista? El ® R
b)Substantially damage scenic resources, including, ® E
but not limited to,trees, rock outcroppings, and historic
buildings within a state scenic highway?
c)Substantially degrade the existing visual character ® 0
or quality of the site and its surroundings?
d)Create a new source of substantial light or glare that
would adversely affect day or nighttime views in the
area?
SOURCES: Project Description, site plan, site visit
DISCUSSION:
1 a./b./c.The site does not meet the criteria for being a scenic vista, however it is a large natural area that
is partially visible from public streets. The project will involve large residential lots with 2.5 acre
-minimum and the houses will be subject to design guidelines. Site improvements will be limited
to a single rural character street that will require the removal on one native tree. The project will
be consistent with the character of surrounding development. This impact is considered less
than significant.
1.d. Consistent with City policy street lighting will not be required on the street to minimize light and
glare impacts. Lighting will be limited decorative exterior residential lighting which is not a source
of significant light and glare impacts. This impact is considered less than significant.
2.AGRICULTURAL RESOURCES: In determining
whether impacts to agricultural resources are
significant environmental effects, lead agencies may
refer to the California Agricultural Land Evaluation and
Site Assessment Model (1997)prepared by the
California Dept. of Conservation as an optional model
to use in assessing impacts on agriculture and
farmland.Would the project:
a)Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the _
California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a El R EJ
Williamson Act contract?
ac) Involve other changes in the existing environment
which, due to their location or nature, could result in
07/26102 Page 1 ZCH 2O02-0029.IS-MND.7-25-02.wmf.doc-
'� w T CITY OF ATASCADERO
b IMTIAL STUDY
Initial Study 2002-0030 Potentially Less Than Less Than No •
Significant Significant with Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
conversion of Farmland, to non-agricultural use?
SOURCES: Cal. Dept. of Conservation maps, site plan, site visit.
DISCUSSION:
2a. The property is not prime farmland and has never been used for farming. The site has varied
topography, numerous oak trees and native vegetation that would have to be significantly
impacted to accommodate agricultural activities. This is considered a non impact.
2b. The site is not under Williamson Act Contracts. This is considered a non-impact.
2c. The are not any adjacent farmlands that could be impacted by the development of this site. This
is considered a non-impact.
3.AIR QUALITY--The significance criteria
established by the Air Quality Control District in its
CEQA Guidelines may be relied upon to make the
following determinations.Would the project:
a)Conflict with or obstruct implementation of the
applicable air quality plan?
b)Violate any air quality standard or contribute El El •
substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase of ❑ ® R ❑
any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions that exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant El ❑ El
concentrations?
e)Create objectionable odors affecting a substantial
number of people?
SOURCES:Air Pollution Control District(APCD)CEQA Air Quality Handbook, project description
DISCUSSION:
3a. The project is located in a non-attainment air quality basin where any new development
contributes incrementally to air quality impacts. The project will result in a net increase of 13
single family residences with a net increase of 130 vehicle trips per day. This impact is
considered less than significant.
3b. During the grading and construction phase the potential exists to generate air borne dust(PM-
10)in violation of APCD standards. The following mitigation measure will reduce this.impact to a
level of less than significant.
MITIGATION MEASURES •
3.b.1. The project shall be conditioned to comply with all applicable District regulations pertaining to the
07126/02 Page 2 ZCH 2002-0029.IS-&IND.7-25-02.wmf.doc 671
'e CITY OF ATASCADERO
INITIAL STUDY
• Initial Study 2002-0030 Potentially Less Than Less Than No
Significant Significant with Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
control of fugitive dust(PM-10)as contained in section 6.4 of the 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 an unpaved surface.
vehicles speed shall be limited to 15 mph for
P P Y un P
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.
M. Wheel washers may be required when significant offsite import or export of fill is involved.
3c. The project will result in a net increase of 13 single family residences with a net increase of 130
vehicle trips per day. This impact is considered less than significant with the following mitigation
measures.
MITIGATION MEASURES
3.c.1. A multi-use Class I bicycle, pedestrian and equestrian trail will be provided from Chico Road to the Salinas
• River and along the shoulder of the new proposed street.
3.c.2. Large canopy shade trees shall be provided along street frontages to minimize urban heat build-up.
Page 3
07!26/02 zCH 2002-0029.IS-MND.7-25-02.wmf.d
CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2002-0030 Potentially Less Than Less Than No •
Significant Significant with Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
3d/e. The project will not be located in an area of substantial pollution concentrations nor will it be a
source of odors. These are considered non impacts.
4. BIOLOGICAL RESOURCES --Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified El
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations,or by
the California Department of Fish and Game or U.S.
Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian ❑ D ® a
habitat or other sensitive natural community identified
in local or regional plans, policies, or regulations or by
the California Department of Fish and Game or US
Fish and Wildlife Service?
c) Have a substantial adverse effect on federally EN
protected wetlands as defined by Section 404 of the •
Clean Water Act(including, but not limited to, marsh,
vernal pool, coastal, etc.)through direct removal,
filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
e)Conflict with any local policies or ordinances ® 0
protecting biological resources, such as a tree
preservation policy or ordinance?
f)Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation El 11 N
Plan, or other approved local, regional, or state habitat
conservation plan?
SOURCES: 11/20/01 Kit Fox/Biological Survey by Sierra Delta Corp., 11/27/01 Botanical Survey by
Sierra Delta Corp., 5/13/02 Arbor Tree Surgery Arborist Report, Project description, site visit, Land Use
Element EIR, GIS Maps
DISCUSSION:
4a/b. A botanical and biological survey was conducted of the site in November 2001 to identify the
existance of sensitive species of plants or animals within the project area. No sensitive plant
species where found on the site. Impacts to live oaks is covered below. The site is within the •
range of the San Joaquin kit fox which is listed and protected as a rare species. The site survey
07/26/02 Page 4 ZCH 2002-0029.IS-MND.7-25-02.wmf.d-u
'�. CITY OF ATASCADERO
a INITIAL STUDY
• Initial Study 2002-0030 Potentially Less Than Less Than No
Significant Significantwith Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
found no kit fox habitat features. The report concludes that development of the site will have no
impact on the kit fox or its habitat. This impact is considered to be less than significant.
4c. Although the site a adjacent to the Salinas River it is located on a raised plain that is above the
flood plains. The site was used historically as a quarry and has been significantly altered form its
original condition. There are no streams, drainage courses or wetlands that exist within the
project area. This is considered a non-impact.
4d. Based on the conclusion of the biological survey development of the site will not impact wildlife
movements or migratory corridors.
4e. There are 331 native oak trees on the project site. Of those trees 15 native Live Oak trees on
the site that will be impacted by the development of the project. Of the impacted trees, only one
needs to be removed and the impacts to the remaining 14 trees can be mitigated and preserved.
This impact is considered less than significant with mitigation.
MITIGATION MEASURES
4.e.1. All construction within the drip lines of native trees shall be consistent with the mitigation requirements of
the 5/13/02 arborist report.
4.e.2. A tree fencing protection plan shall be submitted with construction plans and installed prior to permit
issuance.
4.e.3. All tree removals shall be mitigated consistent with the requirements of the Atascadero Native Tree
Ordinance.
• 4.e.4. An arborist shall be retained monitor construction,mitigations,and overall tree health.
4f. There are no adopted conservation plans within the project vicinity. This is considered a non-
impact.
5. CULTURAL RESOURCES --Would thejroect:
P
a)Cause a substantial adverse change in the E F-1 0 El
significance of a historical resource as defined in VN
'15064.5?
b) Cause a substantial adverse change in the F1 El ® a
significance of an archaeological resource pursuant to
'15064.5?
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred El 11 El
outside of formal cemeteries?
SOURCES: Phase 1 Archaeological Assessment CA Signer&Associates 11/27/01, Project description,
site visit, Land Use Element EIR
DISCUSSION:
• 5a-d. The project site was used a quarry by the railroads at the late 19th century and again in the
1930's. Consequently any archaeological resources that may have existed on the site have been
07/26/02 Page 5 ZCH 2002-0029.IS-MND.7-25-02.wmf.�bo 7 4
CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2002-0030 Potentially Less Than Less Than No •
Significant Significant with Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
removed. Although the site is within a larger area known to have significant archaeological
resources development of this site will not impact any archaeological resources due to past
mining operations. This impact is considered less than significant.
6. GEOLOGY AND SOILS--Would the project:
a) Expose people or structures to potential substantial El 1-1 ® 0
adverse effects, including the risk of loss, injury, or
death involving:
i) Rupture of a known earthquake fault, as El R El
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication
42.
ii)Strong seismic ground shaking? ® _•
iii)Seismic-related ground failure, including El
liquefaction?
iv) Landslides? ❑
b) Result in substantial soil erosion or the loss of ❑' 1,71
topsoil? VN
c) Be located on a geologic unit or soil that is unstable, ® D
or that would become unstable as a result of the
project, and potentially result in on-or off-site
landslide, lateral spreading, subsidence, liquefaction or
collapse?
d) Be located on expansive soil, as defined in Table El 1 11 M
18-1-B of the Uniform Building Code (1994), creating
substantial risks to life or property?
e) Have soils incapable of adequately supporting the ® El
use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
SOURCES: Geotechnical Engineering and Percolation Report Buena Geotechnical Services 12/19/02,_
Project description, site visit,Atascadero Zoning Ordinance
DISCUSSION: •
6a. A geotechnical engineering report has been prepared for the project including each building site.
The primary threat to wood frame single family structures involves soil failures and liquefaction.
07/2102 Page 6 zcH 2002-0029.IS-MND.7-25-02.wr„r.a«-
U �J
' - CITY OF ATASCADERO
INITIAL STUDY
• Initial Study 2002-0030 Potentially Less Than Less Than No
Significant Significantwith Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
The risk of liquifaction on the site has been determined to be low based on soil density. This
impact is considered to be less than significant.
6b. The site is relatively flat with limited grading required. The risk of erosion is low. This impact is
considered less than significant.
6c. The soils have been found to be suitable for construction. This impact is less than significant.
6d. The soil expansion index is very low to low. No impact.
6e. The project will be served by on site septic systems. Three percolation boring test were
conducted on each lot. Percolation rates range from 5 to 30 minutes per inch which are
considered very good for septic systems. This impact is considered to be less than significant.
7. HAZARDS AND HAZARDOUS MATERIALS --
Would the project:
a)Create a significant hazard to the public or the 0
environment through the routine transport, use, or
disposal of hazardous materials?
b)Create a significant hazard to the public or the 11 ® ❑
• environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or 1:1 ❑ EJ
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of ❑
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
e) For a project located within an airport land use plan El n
area or,where such a plan has not been adopted,
within two miles of a public airport or public use airport,
would the project result in a safety hazard for people
living or working in the project area?
f) For a project within the vicinity of a private airstrip, F]
would the project result in a safety hazard for people
VIIJ
living or working in the project area?
g) Impair implementation of or physically interfere with ❑ El El 0
an adopted emergency response plan or emergency
evacuation plan?
. h) Expose people or structures to a significant risk of
loss, injury or death involving wildland fires, including
Page 7
07/26/02 ZCH 2002 0029.IS-MND.7-25-02.wmf.0 6
CITY OFATASCADERO
MTIAL STUDY
Initial Study 2002-0030 Potentially Less Than Less Than No •
Significant Significant with Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
SOURCES: Project description,Atascadero Fire response maps,Atascadero Land Use Element EIR.
City of Atascadero Chief Building Official.
DISCUSSION:
7a. The project will not involve the transport or disposal of hazardous materials.
7b. The project is located adjacent to the Union Pacific Railroad which routinely transports
hazardous materials in railcars. Due to the large lot configuration and low density of the project
only six units will be adjacent to the railroad tracks. The minimum setback of these six units is
110 feet from center line of tracks. In addition, the units are approximately 20-feet above the
tracks. This impact is considered to be less than significant.
7c. The project will not emit hazardous material.
7d. The site is not listed as a hazardous material site.
7e,f The project is not within 2-miles of an airport.
7g. The project will not impact any evacuation routes or plans.
7h. The site is within a moderate risk wildland fire hazard area. Roof construction requirement and
Atascadero Fire standards applied during building permits reduce this impact to a level of less
than significant.
•
8. HYDROLOGY AND WATER QUALITY--Would the
project:
a)Violate any water quality standards or-waste
discharge requirements?
b)Substantially deplete groundwater supplies or El
interfere substantially with groundwater recharge such
that there would be a net deficit in aquifer volume or a
lowering of the local groundwater table level (e.g., the
production rate of previously-existing nearby wells
would drop to a level that would not support existing
land uses or planned uses for which permits have
been granted)?
c)Substantially alter the existing drainage pattern of
the site or area, including through the alteration of the F-1 El
course of a stream or river, in a manner which would
result in substantial erosion or siltation on-or off-site?
d)Substantially alter the existing drainage pattern of
the site or area, including through the alteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner that
would result in flooding on-or off-site? •
e)Create or contribute runoff water which would
i M t
Pa e 8
07!26/02 9 ZCH 2002-0029.IS-MND.7-25.02.wmt.du
3: CITY OF ATASCADERO
INITIAL STUDY
• Initial Study 2002-0030 Potentially Less Than Less Than No
Significant Significant with Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
exceed the capacity of existing or planned stormwater El
drainage systems or provide substantial additional
sources of polluted runoff?
f)Otherwise substantially degrade water quality? El ❑
g) Place housing within a 100-year flood hazard area El ® E
as mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100-year flood hazard area structures
that would impede or redirect flood flows?
i) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including lz]l El
flooding as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow? El VN
• Ea1�r1 Ed. Yr�IM�. r«cre.�LGm�, 11w tlowna«s.7a� �.-7 -
r Site outside
of flood
plain
;l=
�,y
i RE
�-C
�pY.-<.C1jiro.
A
J Onua,.inM _ a, YI
O.a.1575fDEQM.tWLQ�f«,t OOJi1117A14f11—?%W.A04Q6q
Page 9 q` y
07/26/02 ZCH 2002-0029.IS-MND.7-25-02.wmfA` 1
CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2002-0030 Potentially Less Than Less ThanNo •
Significant Significantwith Significant Impact
Zone Change 2002-0029 impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
SOURCES:Well Completion Report 2-7-02 Central Coast Drilling,GIS FEMA Maps, Project description,
site visit.
DISCUSSION:
8a. The project will not discharge any wastewater.
8b. The majority of the site is not served by the Atascadero Mutual Water Company.The project will
require on-site wells for domestic water service for 13 of the dwelling units. Test wells indicate
ground water at 30-feet with a estimated yield of 10 GPM. The construction of 13 single family
wells is not considered a significant impact to ground water supply.
8c. Development of the site will result in substantial grading and earthwork. This has the potential to
create erosion and off-site siltation. A Storm Water Pollution Prevention Plan (SWPPP)will be
required to be approved by the RWQCB prior to construction. This impact will be less than
significant following mitigation.
8d/e Grading and drainage plans for the site indicate that minimal changes will be made to the site
and the area of impermeable surface will not be significantly increased. This impact is
considered less than significant.
8g/h The proposed development above both the 100 and 500-year flood hazard area. This impact is
considered to be less than significant.
8i. The project site outside of the area subject to inundation if the Salinas Dam above Santa
Margarita were to fail. Due to the low density of the project and proximity of nearby high ground,
evacuation of the site could reasonable be completed if the dam were to fail. This impact is •
considered to be less than significant.
8j. The site is not subject to seiche, tsunami or mudflows.
MITIGATION MEASURES
8.c.1. A Storm Water Pollution Prevention Plan (SWPPP)will be required to be approved by the
RWQCB prior to construction.
9. LAND USE AND PLANNING -Would the project:
a) Physically divide an established community?
b)Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project(including, but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance)adopted for the purpose of avoiding or
mitigating an environmental effect?
c)Conflict with any applicable habitat conservation
plan or natural community conservation plan? El El INNI
SOURCES: Land Use Element, project description, City of Atascadero Zoning Ordinance
DISCUSSION: •
9a-c. The proposed use is an allowable use at this property and does not conflict with the General Plan
07/26/02 Page 10 ZCH 2002-0029.IS-MND.7-25-022.wmf.doc07
CITY OF ATASCADERO
3� INITIAL STUDY
• Initial Study 2002-0030 Potentially Less Than Less Than No
Significant Significant with Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
or any known habitat conservation plan for this area.
10. MINERAL RESOURCES --Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally-important El ❑ ® ❑
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
SOURCES: Project description
DISCUSSION:
10a-b. The site is the former location of a gravel quarry that was abandoned 70 years ago. Due to its
small size, limited access and proximity to residential neighborhoods, the site is not considered
an ideal site for mining operations. This impact is considered less than signficant.
11. NOISE--Would the project result in:
a) Exposure of persons to or generation of noise levels F ® El El
in excess of standards established in the local general
plan or noise ordinance, or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive ❑ ® El R
ground-borne vibration or ground-borne noise levels?
c)A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d)A substantial temporary or periodic increase in ® El' El
ambient noise levels in the project vicinity above levels
existing without the project?
e) For a project located within an airport land use plan El ❑
or,where such a plan has not been adopted,within two
miles of a public airport or public use airport,would the
project expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip,
• would the project expose people living or working in
the project area to excessive noise levels?
SOURCES: Noise Mitigation Analysis and Recommendation: Dohn Associates Acoustical Consulting
0726/02 Page 11 ZCH 2002-0029.IS-MND.7-2S-02.wmf.doW v
CITY OF ATASCADERO
.�..s IMTIAL STUDY
Initial Study 2002-0030 Potentially Less Than Less Than No •
Significant Significantwith Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
1/5/02, Project description
DISCUSSION:
11 a/b The project will be located along the Union Pacific Railroad which is a source of infrequent but
significant noise. When trains on traveling on the tracks a noise level contour of 65 Ldn is found
175 feet from center line of tracks. The minimum residential setback is 110 feet from centerline.
Although sound attenuation walls could reduce this noise level to meet City Standards of 60 Ldn
they are not recommended due to there visual impacts and infrequent nature of the noise. When
trains are not present the site's Ldn is approximately 50. The following mitigation measures
would reduce this impact to a level of less than significant.
11c. The project will not produce noise.
11 d. There is some potential for a temporary increase in noise generation or exposure to noise as a
result of a construction activities. Compliance with the City's noise ordinance will reduce this
impact to a level of less than significant.
11 a/f. The project is not in the vicinity of an airport.
MITIGATION MEASURES
11.a.1. Deed disclosures shall be recorded against all lots notifying potential buyers that noise levels on
their property will most likely exceed the recommended limits established by the City of. •
Atascadero when trains are present on the tracks. Advise buyers that noise levels during train
passbys will be very loud, potentially annoying, and perhaps startling.
11.a.2. Locate outdoor living spaces out of direct line-of-sight with the railway to the extent possible.
11.a.3. Installed landscaped berms around outdoor living areas that have direct line-of-sight with the
railway.
11.a.4. Construct all housing will stucco siding and concrete or tile roofing materials to reduce interior
noise.
11.a.5. Minimize windows that have direct line of sight with railway.
12. POPULATION AND HOUSING --Would the
project:
a) Induce substantial population growth in an area,
either directly(for example, by proposing new homes
and businesses)or indirectly(for example,through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing El El
elsewhere?
c) Displace substantial numbers of people, El F] El ® •
necessitating the construction of replacement housing
07n6/02 Page 12 r7
ZCH 2002.0029.IS-MND.7-25-Olwmf.doc U[y�
CITY OF ATASCADER
ti INITIAL STUDY
• Initial Study 2002-0030 Potentially Less Than Less Than No
Significant Significant with Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
elsewhere?
SOURCES: Project description, City of Atascadero Land Use Element EIR
DISCUSSION:
12a-c: The project will provide additional housing. These impacts are considered benefical.
XII1. PUBLIC SERVICES
a)Would the project result in substantial adverse
physical impacts associated with the provision of new
or physically altered governmental facilities, need for
new or physically altered governmental facilities,the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:
Fire protection? ❑ ❑ ® ❑
• Police protection? El
Schools? ❑ ❑ ® ❑
Parks? ❑ ❑ ® ❑
Other public facilities? ❑ ❑ ❑
SOURCES: Project description, Land Use Element EIR
DISCUSSION:
13a-d. The addition of a 13 new dwellings at this location will not significantly alter the need for any
public services beyond what is anticipated in the approved Land Use Element EIR. This impact
is considered to be less than significant.
14. RECREATION --
a)Would the project increase the use of existing ❑ ® ❑
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
b) Does the project include recreational facilities or ❑ ❑ ® ❑
• require the construction or expansion of recreational
facilities that might have an adverse physical effect on
Page 13
07/26/02 ZCH 2002-0029.IS-MN0.7-25-02.wai.doc U
�"L4 CITY OF ATASCADERO
WiN4Z.
IMTIAL STUDY
Initial Study 2002-0030 Potentially Less Than Less Than No .
Significant Significant with Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation.
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
the environment?
SOURCES: Project description
DISCUSSION:
14a. Residential development of the site has been anticipated by the General Plan, including the
parks and recreation element.That element provides policies and programs for development of
parks as needed. The project will provide a linear 5.76 acre open space parcel and bikeway
consist with the General Plan. This impact is less than significant.
14b. Construction of the bikeway will occur on a flat parcel next to the railroad. No additional adverse
impacts are anticipated.
15.TRANSPORTATION/TRAFFIC --Would the
project:
a)Cause an increase in traffic that is substantial in E F ❑
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or
highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d)Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous intersections)
or incompatible uses (e.g.,farm equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity? F-1 F] F
g)Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
SOURCES: Project description, Site plans
DISCUSSION:
15a. The project will take primary access from EI Camino Real off a new collector street that is •
identified the General Plan. This road will require the construction of a grade separated railroad
07/26!02 Page 14 ZCH 2002-0029.IS-MND.7-25-02.wmf.d,� 16 3
= "` CITY OF ATASCADERO
IMHAL STUDY
• Initial Study 2002-0030 Potentially Less Than Less Than No
Significant Significantwith Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
crossing at EI Camino Real that has been approved under a separate project. The project will
generate approximately 130 daily trips which will not significantly impact a collector street. This
impact is considered less than significant.
15b. The 130 daily trips will not exceed any standards. No impact.
15c. No impact
15d. There are no increased circulation hazards associated with the project. No impact.
15e. The project will provide a new emergency access connection between EI Camino Real and
Ferrocarril Avenue. This is considered a beneficial impact.
15f. No special parking requirements.
15g. Project proposes bikeways consistent the General Plan. Beneficial impact.
16. UTILITIES AND SERVICE SYSTEMS --Would the
project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
• wastewater treatment facilities or expansion of existing
facilities,the construction of which could cause
significant environmental effects?
c) Require or result in the construction of new storm E] ® El
water drainage facilities or expansion of existing
facilities,the construction of which could cause
significant envl'ronmental effects?
d) Have sufficient water supplies available to serve the El 1 n
project from existing entitlements and resources, or
are new or expanded entitlements needed?
e) Result in a determination by the wastewater El
treatment provider that serves or may serve the project
that it has adequate capacity to serve the project's
projected demand in addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs?
g)Comply with federal, state, and local statutes and
regulations related to solid waste? F-1 El El
SOURCES: Project description, site plans.
• DISCUSSION:
16a. The project will be served by on site septic systems. No impact.
07/26/02 Page 15 ZCH 2002-0029.IS-MND.7-25-02.wrrd.dacU 6 tj
. � CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2002-0030 Potentially Less Than Less Than No •
Significant Significantwith Significant Impact
Zone Change 2002-0029 Impact Mitigation Impact
Conditional Use Permit 2002-0067 Incorporation
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
16b. The project will be served by on site wells. No impact.
16c. The project will require minor grading and drainage improvements due to the large lots. No
impact.
16.d. The project will be served by on site wells. No impact.
16e/g. The project will be served by City solid waste pick-up services. Less than significant impact.
17. MANDATORY FINDINGS OF SIGNIFICANCE -
a) Does the project have the potential to degrade the
quality of the environment, substantially-reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b)Does the project have impacts that are individually El ® •
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects,the effects of other
current projects, and the effects of probable future
projects)?
c)Does the project have environmental effects that will
cause substantial adverse effects on human beings,
either directly or indirectly?
SOURCES
1. 5/13/02 Arbor Tree Surgery Arborist Report
2. 11/27/01 Botanical Survey by Sierra Delta Corp
3. 11/20/01 Kit Fox/Biological Survey by Sierra Delta Corp
4. Phase 1 Archaeological Assessment CA Signer&Associates 11/27/01
5. Geotechnical Engineering and Percolation Report Buena Geotechnical Services 12/19/02
6. Well Completion Report 2-7-02 Central Coast Drilling
7. Noise Mitigation Analysis and Recommendation: Dohn Associates Acoustical Consulting 1/5/02
8. 2025 General Plan, City of Atascadero,2002
9. Zoning Ordinance, part of Municipal Code, City of Atascadero, as amended through 2001.
10. Project description: includes:
6
07/26/02 Page 16 ZCH2O02-0029.IS-MND.7-25.02.wmf.doc' 0
CITY OF ATASCADERO
INITIAL STUDY
• Tentative tract map
Written project description
Preliminary grading plan
Master Plan of Development
11. 2025 General Plan EIR Crawford, Multari, &Starr, certified 2002
5. CEQA Handbook,Air Quality Control District,August 1995
6. Acoustical Design Manual, Brown-Buntin Associates, 1991
7: Noise Ordinance, City of Atascadero, 1992
8. Flood Insurance Rate Map, community-panel number 060700 0004 B, Federal Emergency
Management Agency, January 20, 1982
9. Trip Generation, Institute of Traffic Engineers
10. State Water Resources Quality Control Board, Basin Plan
•
07!26/02
Page 17 ZCH 2002-0029.S-MND.7-25.02.wmf.dgcc
City Council Resolution A
October 8,2002
Exhibit B: APCD Letter
AIR POLLUTION
CONTROL DISTRICT RECEIVED
COUNTY OF SAN LUIS OBISPO
4
72002
COMMUNITY DEVELOPMENT
August 19,2002
Warren Frace
City of Atascadero
Community Development Department
6500 Palma Avenue
Atascadero,CA 93422
SUBJECT:- 'Negative Declaration.Commentsfor the GearhartFerrocarril Road Residential Suburban
Subdivision ProJectr ZQUO Perrocginl Road,Atascadero
Mr.Frace,
Thank you for including the San.Luis Obispo Air Pollution Control District(District)in the development
plan review process. We have completed our review of the project referral for the.Planned Development
• Zone Change with a Master Pian of Development to allow a 16 Iot single family residential suburban
subdivision on an approximately 38.5 acre site with approximately 6 acres of open space and 13 dwellings
having 2.5 acre minimum.lot sizes. .
GENERAL .
The fust Land..Use planning Strategy in the District's Clean Air Plari'(CAP)is."Planning Compact
Communities"i Maintaining compact city and village areas reduces reliance on the automobile by
enhancing the viability of public transit and maximizing the potential for walking and bicycling to work,
shopping,and other destinations. A more compact community results in fewer vehicle trips and fewer
vehicle"miles traveled. Therefore,vehicle emissions are reduced by compact community development.
While the proposed project is within the Urban Reserve Line,it is located:near the urban fringe.The
District recommends prioritizing higher density development in the urban core prior to increased low-
density development at the urban fringe. Should the project be approved however,we have the following
eotninents re$ardmg tliepropos'l.
SPECIFIC COMMENT$.
Commendations
District staff evaluated the potential operational project impacts by running the URBEMIS 20.01 computer.
model,a tool for estimating vehicle travel,fuel use and the resulting emissions related to this.land use
project. The results of the model.demonstrated that operational impacts will likely be close to the CEQA
mitigation threshold value of to lbs of emissions per day..In an effort to mitigate theiricremental
contributions to air quality impacts that result from the operational phase of this project,a multi-use
Class I bicycle,pedestrian,and equestrian trail encompassing approximately 6 acres will be built,This
measure will not only tend.to reduce vehicle emissions by offering a local attraction to the residence,but it
will likely also help to build_community,interaction. This measure is to be commended as being consistent
with suggested transportation control measures in the CAP.
3433 Roberto Court•San Luis Obispo,CA 93401•805781-5912•FAX:805-7814002
. info@slocieanairorg 4+ wwwslocleanairorg
printed on recycled paper
- t 87
City Council Resolution A
October 8,2002
Gearhart Ferrocarril Road Residential Suburban Subdivision Project
August 19,2002
Page 2 of 3
Construction Phase Mitigation
The construction phase mitigation measures listed as Attachment 1 to the Negative Declaration should
minimize the potential for nuisance dust issues with the following minor modifications:
1. Add the following sentences at the end of Item A:
Increased watering frequency would be required whenever wind speeds exceed 15 mph:
Reclaimed(nonpotable)water should be used whenever possible.
2. In Item G add•the word"approved after the word"methods"
All dirt stock-pile areas should be sprayed daily as needed.
These additions are to maintain consistency with the dust control measures identified in the District,CEQA
Air Quality Handbook dated August 1997. Full implementation of these dust°control measures during the
project construction phase will minimize the airquality impacts and reduce the.potential for nuisance
concerns to nearby properties.Further,specifying that all grading and demolition plans include the
fugitive dust control measures is a good means of ensuring adherence to the dust control measures.
The District also recommends inclusion of the following energy efficiency mitigation.methods in order to
reduce the demand on.electrical supply and reduce emissions at the power plant source.
• Increase attic and wall.insulation beyond Title 24 requirements
i • Use built;-in-energy- efficient appliances -
• Use double paned windows
• Use energy efficient interior lighting
Trip reduction benefits can be realized by ensuring that the new homes are built with flexibility in the
internal wiring/cabling to allow telecontmuting,teleconferencing,and teleleaming to occur simultaneously •
at several locations throughout the homes.
CAUTIONS
Jssatiaef�il +� ?� �"Jd'�?�cm'shut}sisdcVedoPrYfFitlSrojeet'
1. AsTies 's: •
It was not clear from the project referral information if there are currently structures on the property. If
there are,demolition of these structures has potential negative air quality impacts,including issues
surrounding proper'demolition and disposal of asbestos containing material(ACM). If there are any
demolition of structures,this project would be subject to the requirements stipulated in the National
Emission Standard for Hazardous Air Pollutants(NESHAP). These include,but are not limited to:
1)notification requirements to the District,2)asbestos survey conducted by a Certified Asbestos
inspector,and 3)applicable removal and disposal requirements of identified ACM. Please contact
Tim Fuhs of the APCD Enforcement Division at(805)781-5912 for further information.
2. Naturally Occurring Asbestos:
Asbestos has been identified by the state Air Resources Board as a toxic air contaminant.Serpentine is
•
U60
City Council Resolution A
October 8,2002
• Gearhart Ferrocarril Road Residential Suburban Subdivision Project
August 19,2002
Page 3 of 3
a very common rock type in the state and was identified by the Board as having the potential to contain
naturally occurring asbestos. Under the recent State Air Resources Board Air Toxics Control Measure
(ATCM)for Construction,Grading,Quarrying,and Surface Mining Operations,prior to any grading
activities at the site,a geologic analysis will be necessary to determine if serpentine rock is
present. If naturally occurring asbestos is found at the site an Asbestos Health and Safety
Program and an Asbestos Dust Control Plan is required to be approved by the District before
construction begins. If you have any questions regarding these requirements,contact Karen Brooks of
the APCD Enforcement Division at(805)781-5912.
within San Luis Obispo County. Under certain circumstances where no technically feasible
alternatives are available,limited.developmental burning under restrictions may be allowed. This
requires prior application,payment of fee based on the size of the project,District approval,and
issuance of a bum permit by the District and the local fire department authority. The applicant is
required to.fumish the District with the study of technical feasibility(which includes costs and other
constraints)at the time of application. if you have any questions regarding these requixemet ts,contact
Karen Brooks of our Enforcement staff at(805)781-5912..
4. Toxic Diesel Exhaust:
Building the homes and open space use.area near the Union Pacific Railroad tracks could potentially
result in.exposuionres to toxic diesel emissions from the train engines,particularly if engines were to idle
in that locat : Since this area is likely single tracked,trains will not likely remain in the area for
extended periods of time and therefore the risk.amd potential for nuisance odor.complaints should be
,low.
The District thanks you for the;opportunity to review this project and if you have any questions or
. comments,please feel free to contact meat 781-5912.
Sincerely,
A AM
Andy hSutziger . -.
Air Quality Specialist
cc: David.Dixon,APCD Engineering Division
Tim Fuhs,APCD,Enforcement Division.
Karen Brooks,APCD Enforcement Division.
AIMmg
H:WIST AMRFSPONSZ2538.6c
•
UC 1 9
City Council Resolution A
October 8,2002
Exhibit C: Atascadero Mutual Water Company Letter •
5005 EL CAIA w REAL • P.O.BOX im • ATAWADERO,CA MW • {8pr)465-2428
AtascWero MutM Water Com y
September 11,2002
Mr.Warren Frace SEP
CCoommuof Atascadero
ni S D elopment Department ca's u+irr o
6500 Palma Avenue . PVg;�pyr
Atascadero,CA 93422
Subject: 2000 Ferrocarnl Road/De Anza Estates
TTM 2002-0014
Dear Warren:
At their September 4,2002 meeting,the AMWC Board of Directors provided us with •
additional directiort regarding the subject project. The Board felt annexation into the AMWC
service area would be the most appropriate means of supplying water to the proposed
subdivision for both fire suppression and domestic uses. Therefore,the Board recommends
that the City require the developer to annex the property into the AMWC service area.
Furthermore,the Board recommended that other areas within the-City not currently within the
AMWC service area be Included in the annexation.
Apropos to your August 29,2002 letter.we ace providing you with the following conditions of
approval intended to mitigate the environmental Impacts of the project.Note that Condition
Nos.2 and 3.c exclude both septictanks and within 150-feet of the northerly tract
r cat to Install 50-foot
sancta seats on the ate wells
boundary. it is does not appear practical ry Priv
Th 150-foot setback reduces the potential for
due to the relative shallowness of the aquifer. a P�
contamination of the community wells to a level of insignificance.
1. Prior to recording the final map,the applicant shall make every effort to annex the
property into the AMWC service area. The annexation is required to provide the
subdivision with an adequate,safe and reliable source of water for domestic and fine
suppression uses.if annexation Into the AMWC service area fails for reasons beyond the
control of the applicant,the applicant shall perform well tests on each lot to the
satisfaction of the City Engineer. The final map shall not record until the well tests reveal
there is an adequate,safe,reliable and long-term water supply available for each lot.
2. The applicant shall provide a 150-foot wide exclusionary easement contiguous to the
northerly bad boundary that expressly prohibits construction of septic systems or wells.
The applicant shalt provide the easement by separate instrument,shall show the
easement on the final map,and shall address the restrictions in the CCBR's for the
Project.
•
V90
City Council Resolution A
October 8,2002
• Vlrenen Frace
09V11i02
oe Anza Estates
Page 2 of 3
3. The appiteant shat)record instruments separate from and concurrent with the final map
that disdose3 the following to allproperty owners withinthe subdivision. AMWC shall
review and approve the form and content of the rnstnunents relative to these conditions of
approval before they record.
A AMWC operates==unity water wells on the parcel adjacent to the
subdivision(the"River Parcel"}and that operation said community wells will
have influence over and interfere with the private wells constructed on the lots
within the subdivision.
B. Development and operation of community webs and other water-related
facilities on the Neer parcet will be of an industrial nature. Impacts to the
subdivision Will result from operations on the River Parcel that produce
Intermittent and continuous noise and dust. Other activities will include the
Willing of weAs,excavation of recovery ponds.construction of pipeiines,
hauling,handling and storage of hazardous materials.and construction of
well and treatment buildings..
C. The existence of an easement that prohibits construction of$eptic systems or
wells within f 5046et of the northerly tract boundary
D. The possible future uses of the River Parcel that could include residential
subdivisions,public partes or other uses.
E. Prohibitions on the export of water from the private wells within the
subdivision or transfer of water between properties within the subdivision.
d trail access points on to AMWC properly:the Salinas River or the Do Anza
4. An propose to and vetucular barriers to prevent property damage,
trail shall include avianappron 9� Iism,uses inconsistent with AWAIC policies,
damage to the riparian environment,vanda
or other inappropriate or WOOuses. All access points shall be adequately maintained by
the City or an entity established to maintain the trail system. Access to AMWC property
where the proposed roadway is contiguous to the northerly tract boundary shall be:
controlled in a manner consistent with other access points to AMWC property
In addition to the conditions of.appmvel listed above that are required to mitigate the
environmental impacts of the project,the foiiawing conditions of approval related to the
tentative tract map should be incorporated into the project
4bot wide access and ter main
across
7. Theapplicant a 30
Parcel Map AT o1-060 recorded n 56-PM-3T n the office of f theCounty
Parcel
Recorder(APN 49-291.OW). The easement shall parallel,more or less,the easterly
boundary of Parcel 1..The easement shall be bounded on the south by the existing 50-
foot wide access and water main easement across Parcel 1 and Parcel 2 of said parcel
map and shall be bounded on the north by the northwesterly boundary of Parcels 1 and
2. The easement shall connect the existing dkt roadway on the River Parcel(APN 44-
011-001)to the existing access and water main easement across Parcel 1 and Parcel 2
that benefits AMWC.
•
City Council Resolution A
October 8,2002
W Frewe •
09/11/011110 2
Do Anza Estates
Page 3 of 3
2. The applicant shall retain the existing 50-10ot wide access and water main easement that
benefits AMWC across Parcell and Parcel 2 of Parol Map AT 01-080. Said map is
recorded in 5frPM-37 in the office of the County Recorder(APMs 49.291-005.024).
Recording of the final map shalt not eliminate or otherwise atter the existing 50-foot wide
access and water main easement across Parcel 1 and Parcel 2 that benefits AMWC.
3. The applicant shall provide a 50-foot wide access and water main easement to AMWC
across the proposed subdivision. The easement shalt follow the roadway alignment
shown on tentative map.
4. The applicant shall provide JO-foot wide water rote easements to AMWC. The
easements shaft be parallel to the side lot tines of tot Nos.1 through 5 and be bounded
on the south by the proposed road right-okvay shown on the tentative map and on the
north by the nortt dy tract boundary. The easements shall be in a form approved by
AMWC.
5. The applicant shall provide an socess and water main easement across the property to
north of the River Parcel(commonly referred to as the Rochelle Property)to AMWC. The
easemerd shall include any bridge,at-grade crossing,underpass or other means used to
cross the Union Pacific Railroad righW-way to gain access to the properly east of the
tracks.
6. Ali access rights granted by the applicant to AMWC relative to these conditions of
approval shag be equal or superior to the rights granted the property owners within the
.subdivision. The easements shag benefit AMWC and all future property owners of the
River Parcel or subdivisions thereof. The applicant shall not
trIc onS on so
access rights granted by the easements required by conditions approval u
as,but not limited to,prohibitions against hatilling hazardous materials or large equipment
or hours of use.
Respectfully yours,
1`��hn B.Nell
Director of Operations
•
692
City Council Resolution A
October 8,2002
• Exhibit D: Upper Salinas-Las Tablas Resource Conservation District Letter
VJpperSalinas-Las Tablas gZpsource Conservation District
65 Wain Street Suite 10 8,Templeton,CA 93465/(805)434-0396 cCt 4/fax434-0284
RECEIVED
AUGI 2 2002
erasion Controt^^esssistancs rr091raW COMMUNItY DEVELOPMENT
August 20,2002
Watien F3•ace° ���• -<: � x , .•
Community Development Department
City of Atascadero
6500 Palma Avenue
Atascadero,CA 93422
RE: Review of Zone Change/.CUP,Applicant:Kelly Gearhart ZCH 2002-00291CUP 2002-0067
. Site Location,2000 Ferrocarril Rd(east of Union Pacific RR)
Dear Warren,
Thank you for referring the above Zone Change and Conditional Use Permit proposal to our
agency. The project is located adjacent to the Salinas River and has numerous mature trees and a
wide drainage swale through the center of the site. The swale is located just above 100-year flood
level. The swale is approximately 25 feet below the terrace elevation. It carries the drainage from
a Iarge area of Atascadero west of Traffic Way.
We are working in a cooperative program with the City,State Fish and Game,Regional Water
Quality Control Board,State Water Resources Control Board,MRCS;the Monterey Bay National
Marine Sanctuaryand others to determine measures to reduce erosl6n,limit sedimentation,address
flooding and improve habitat along the Salinas River, The Salinas River is a corridor for migrating
steelhead that travel to the few remaining steelhead habitats in our region upstream of Atascadero.
Projects near the River should incorporate measures that will enhance the habitat conditions in the
River.
The property contains many cottonwoods,sycamores and oaks. The removal of these trees should
be considered to be significant. The design of the subdivision(contained in the Initial Study)does
not address cluster measures that could protect most of these trees.
The preliminary subdivision design most notably lacks any grading plans. The amount of grading
to traverse the deep drainage swale will be considerable. The roadway slopes are not indicated. At
2 to 1 slope,the grading will result in the removal of many more trees than indicated in the Initial
• I!
X93
City Council Resolution A
October 8,2002
_ ECAP Review •
Study. The amount of trees to be removed.cannot be determined until after the grading design is
completed.
In addition,the lowland area of the property is a wide swale that floods periodically from'the
drainage waters from the developed area west of Traffic Way. This swale contains sediments from
upland erosion. Itis recommended that no development be permitted in the swale and that the
swale be designed as a large sediment.basin to continue to capture future sediments. This will help
to address the high sediment problems iri the'Salinas Rivet:
REVISED SUMMARY OF OUR CONCLUSIONS:
�amOsAfctthee�cupesQyed, �sacing
plan$peed to be submt£Cd3 . the`propose4oadways and possible future building sites.
2..'The site drainnage should address the increased runoff to the Salinas River. It is
recommended that the drainage swale be designed as large sediment basin to trap sediments
and prevent them from entering the Salinas River. The swale periodically floods during the
winter.This swale could be a tremendous resource as a wetland area adjacent to the River.
3. The proposed removal.of Sycamores,oaks and cottonwoods should be considered to be a
significant environmental affect..Tlie site layout,if redesigned for cluster of homes,could
mitigate this significant environmental affect. -
4. The project should include a provision for a pedestrian trail along the Salinas River,The
River is an amenity that should be better utilized by the City.
Again,I hope that our comments are helpful. We would be happy to review the grading,drainage,
tree protection and erosion control plans ..
S' cerel
•
on J.Funk
Executive#gctor
OF-
CC
Dave Highland;Dept of Fish and Game
2
•
094
• ATTACHMENT 4: Draft Ordinance A
DRAFT
ORDINANCE A
AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING
ZONE CHANGE 2002-0029 THEREBY AMENDING THE ZONING MAP DISTRICT
OF APN 049-023-030, 049-291-016, 049-291-005 TO ADD A PD-16 OVERLAY
DISTRICT SUBJECT TO A MASTER PLAN OF DEVELOPMENT.
(2000 Ferrocarril/Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422, (Applicant & Owner), to consider a project consisting of a
Planned Development overlay zone change to PD-16 with the adoption of a Master Plan of
Development, and an sixteen-lot cluster residential tract map, on a 31+/- acre lot located at
2000 Ferrocarril Road (APN 049-023-030, 049-291-016, 049-291-005); and,
• WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002-0030
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the site's vested General Plan Designation is PUB (Public) and SSF
(Single Family Suburban); and,
WHEREAS, the site's vested zoning district is P (Public) and RS (Residential
Suburban); 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 allowing for the creation of
common open space areas; 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,
- 095
Draft Ordinance A
October 8,2002
Page 2 of 4
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing •
held on September 17, 2002, studied and considered Zone Change 2002-0029, after first
studying and considering the Draft Mitigated Negative Declaration prepared for the project,
and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on October 8,
2002, studied and considered Zone Change 2002-0029, after first studying and considering
the Draft Mitigated Negative Declaration prepared for the project, and,
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Findings for Approval of a Zone Change Creating a PD-16 Planned
Development Overlay District. The Planning Commission finds as follows:
1. Modification of development standards or processing requirements is warranted to
Promote orderly and harmonious development.
.
2. Modification of development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
4. Proposed plans offer certain redeeming features to compensate for the requested
modification including the creation of a 5.76-acre common open space parcel with
a pedestrian access trail connection to the Salinas River.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on October 8, 2002 resolved to introduce for first reading an ordinance that would rezone 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 31"day after its final passage.
•
096.
Draft Ordinance A
October 8,2002
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
w III,
U9
i
Draft Ordinance A
October 8,2002
Page 4 of 4
Exhibit A: Zone Change Map •
ZCH 2002-0029
Existing Zoning: RS/P
Proposed Zoning: RS(PD46-2)
2000 Ferrocarril
APN 049-023-030,049-291-016,049-291-005
F•.
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PD 16-2
�6P
....................................................... ................................................................. ..............._._..............;
•
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• ATTACHMENT& Draft Resolution B
DRAFT
RESOLUTION B
A RESOLUTION ATASCADERO CITY COUNCIL APPROVING
CONDITIONAL USE PERMIT 2002-0067, A MASTER PLAN OF DEVELOPMENT
FOR THE PD-16 OVERLAY ZONING DISTRICT ON APN 049-023-030, 049-291-016,
049-291-005
(2000 Ferrocarril Avenue/Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422, (Applicant & Owner), to consider a project consisting of a
Planned Development overlay zone change to PD-16 with the adoption of a Master Plan of
Development, and an sixteen-lot cluster residential tract map, on a 31+/- acre lot located at
2000 Ferrocarril Road (APN 049-023-030, 049-291-016, 049-291-005); and,
• WHEREAS, the site's vested General Plan Designation .is PUB (Public) and SSF
(Single Family Suburban); and,
WHEREAS, the site's vested zoning district is P (Public) and RS (Residential
Suburban); and,
WHEREAS, the Planning Commission has recommended that a site be rezoned to a
PD-16 overlay district which requires the adoption of 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 Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of
Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on September 17, 2002, studied and considered the Master Plan of Development for
Zone Change 2002-0067, after first studying and considering the Draft Mitigated Negative
Declaration prepared for the project, and,
•
- U99
Draft Resolution B
October 8,2002
Page 2 of 15
WHEREAS, the Atascadero City Council, at a Public Hearing held on October 8, •
2002, studied and considered the Master Plan of Development for Zone Change 2002-0067,
after first studying and considering the Draft Mitigated Negative Declaration prepared for the
project, and,
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Findings for Approval of 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-16 Ordinance; and,
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons
residing or working in the neighborhood of the use, or be detrimental or injurious
to property or improvements in the vicinity of the use; and,
4. That the proposed project or use will not be.inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and, •
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of
the surrounding neighborhood that would result from full development in
accordance with the Land Use Element.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on October 8, 2002, resolved to approve Conditional Use Permit 2002-0067, a Master Plan of
Development for Zone Change 2002-0029 subject to the following:
1. EXHIBIT A: CONDITIONS OF APPROVAL
2. EXHIBIT B: SITE PLAN
3. EXHIBIT C: STATISTICAL SUMMARY OF PROJECT
4. EXHIBIT D: ARBORIST REPORT
5. EXHIBIT E: ELEVATIONS/COLOR AND MATERIALS
•
100
Draft Resolution B
October 8,2002
Page 3 of 15
• 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
•
lV �
Draft Resolution B
October 8,2002
Page 4 of 15
EXHIBIT A:Conditions of Approval •
CUP 2002-0067: PD-16-2 Master Plan of Development
Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0067 /Monitoring Measure
PD-16-2 Overlay 2000 Ferrocarril Ps.Piar gserv=
Bl:aalm License BS:&MV services
GP:Gradng P=t FD:Fie Depadrt ert
BP:aidrg PW t PD:Poice Depatwt
Fl:Frd kq)edim CE city D*W
T0:TmpaayoWJ"q WiAtmadmder
F0-. do=parq CACiyAttaney
Planning Services
1. The approval of this use permit shall become final and PS
effective following the end of the referendum period for Zone
Change 2001-0029.
2. Approval of this Master Plan of Development shall be valid BP PS
concurrently with the life of Tentative Tract Map 2002-0014
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 BP/FM PS
authority to approve minor changes to the project the (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 Tract Maps and construction BP/FM PS
permits shall be consistent with the Master Plan of
Development contained herein.
5. All exterior elevations of proposed units shall be of equivalent BP PS
architectural character and quality with the Master Plan of
Development as shown in E.
All houses shall have a minimum floor area of 1200 square
feet and two covered parking spaces.
6. All site development shall be consistent with the maximum BP/FM PS
intensities described in the statistical project summary as
shown on Exhibit C.
7. All site work, grading and site improvements shall be BP/FM PS •
consistent with the Master Plan of Development as shown in
B.
.402
Draft Resolution B
October 8,2002
Page 5 of 15
• Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0067 /Monitoring Measure
PDA 6-2 Overlay 2000 Ferrocarril PS:
13L*asinm Lbmw ss:BLift services
GP:Graig Pemit FD:Fre Depatnert
BP:&i3g Pemt PD:P*e Depaheit
Fl:FnAkq)ectiai CE,OtyEgireer
TO:TarpM0capM wN.VMewatw
FO:FMO=parq Ck UyAtta"
8. Native oaks trees shall be preserved and protected during BP PS
construction consistent a Tree Protection Plan prepared for
the project. All tree protection shall be in place prior to the
issuance of any construction permits consistent with Exhibit
D.
Mitigation Measures
9. The project shall be conditioned to comply with all applicable IP PS 3.b.1.
District regulations pertaining to the control of fugitive dust
(PM-10) as contained in section 6.4 of the 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. Increased
watering frequency would be required whenever
• wind speeds exceed 15 mph. Reclaimed water
should be used whenever possible.
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 approved 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 ad construction.
.� 0
Draft Resolution B
October 8,2002
Page 6 of 15
Conditions of Approval Timing Responsibility Mitigation •
CUP 2002-0067 /Monitoring Measure
PD-16-2 Overlay 2000 Ferrocarril PS:Pbn*QSwkm
BL Busiress License BS: *k g Services
GP:Gm&V Pea FD:Fre Depatnert
BP:euk4 Perms PD:P*e Depatwt
FI:FM hWecbon cE ciy s*w
TG:Terrpawo-p q WkWatwder
F0,. dOmparcy C&CiyAft-q
I. On-site vehicle speed shall be limited to 15 mph for
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.
L. Wheel washers may be required when significant
offsite import or export of fill is involved.
M. All dirt stockpile areas should be sprayed daily as
needed.
10. A multi-use Class I bicycle, pedestrian and equestrian trail IP PS 3.c.1.
will be provided from Chico Road to the Salinas River and
along the shoulder of the new proposed street. •
11. Large canopy shade trees shall be provided along street IP PS 3.c.2.
frontages to minimize urban heat build-up.
12. All construction within the drip lines of native trees shall be IP PS 4.e.1.
consistent with the mitigation requirements of the 5/13/02
arborist report.
13. A tree fencing protection plan shall be submitted with IP PS 4.e.2.
construction plans and installed prior to permit issuance
14. All tree removals shall be mitigated consistent with the IP PS 4.e.3.
requirements of the Atascadero Native Tree Ordinance
15. An arborist shall be retained monitor construction, IP PS 4.e.4.
mitigations,and overall tree health.
16. A Storm Water Pollution Prevention Plan(SWPPP)will be IP PS 8.c.1.
required to be approved by the RWQCB prior to
construction.
17. Deed disclosures shall be recorded against all lots FM PS 11.a.1.
notifying potential buyers that noise levels on their property
will most likely exceed the recommended limits
established by the City of Atascadero when trains are
present on the tracks. Advise buyers that noise levels
during train pass-bys will be very loud, potentially
annoying,and perhaps startling. •
Draft Resolution B
October 8,2002
Page 7 of 15
• Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0067 /Monitoring Measure
PD-16-2 Overlay 2000 Ferrocarril PS:PlarringSWXN
BLI BUNIM Lase BS:Baa,g Services
GP.Gra&V Part FD:Fre Depai4nat
BP:Bung Pmt PD:Poke Depatwt
FI:FM Inspeclicn CE Cly En7w
T0:Twpray0cu43awy IWWWereter
F0:FhN Occrpauy CA Cly PJfaney
18. Locate outdoor living spaces out of direct line-of-sight with IP PS 11.a.2.
the railway to the extent possible.
19. Installed landscaped berms around outdoor living areas IP PS 11.a.3.
that have direct line-of-sight with the railway.
20. Construct all housing will stucco siding and concrete or tile On Going PS 11.a.4.
roofing materials to reduce interior noise.
21. Minimize windows that have direct line of sight with On Going PS 11.a.5.
railway.
22. Prior to recording the final map, the applicant shall make FM PS/CE AMWC-1
every effort to annex the property into the AMWC service
area. The annexation is required to provide the
subdivision with an adequate, safe and reliable source of
water for domestic and fire suppression uses. If
annexation into the AMWC service area fails for reasons
beyond the control of the applicant, the applicant shall
• perform well tests on each lot to the satisfaction of the City
Engineer. The final map shall not record until the well
tests reveal there is an adequate, safe, reliable and long-
term water supply available for each lot.
23. The applicant shall provide a 150-foot wide exclusionary FM PS AMWC-2
easement contiguous to the northerly tract boundary that
expressly prohibits construction of septic systems or wells,
or otherwise approved by the Atascadero Mutual Water
Company. The applicant shall provide the easement by
separate instrument, shall show the easement on the final
map, and shall address the restrictions in the CC&R's for
the project.
24. The applicant shall record instruments separate from and FM PS AMWC,3
concurrent with the final map that discloses the following to
all property owners within the subdivision. AMWC shall
review and approve the form and content of the instruments
relative to these conditions of approval before they record.
a. AMWC operates community water wells on the
parcel adjacent to the subdivision (the "River
Parcel")and that operation of said community wells
will have influence over and interfere with the
private wells constructed on the lots within the
subdivision.
b. Development and operation of community wells
• and other water-related facilities on the River Parcel
will be of an industrial nature. Impacts to the
subdivision will result from operations on the River
Parcel that produce intermittent and continuous
i0
Draft Resolution B
October 8,2002
Page 8 of 15
Conditions of Approval Timing Responsibility Mitigation •
CUP 2002-0067 /Monitoring Measure
PD-16-2 Overlay 2000 Ferrocarril PS:Pbn*vSwkm
BL:BLWIM Lic= BS:Bui ft Services
GP:Graig Pant FD:Fre Depabnert
BP:Dift Pant PD:Poise Depatr at
FI:Frd Irspecbon CE Cly Er9w
TO:TemporaryOcagaq M.VbdeMier
F0:Fid OcapM CA CiyA#-q
noise and dust. Other activities will include the
drilling of wells, excavation of recovery ponds,
construction of pipelines, hauling, handling and
storage of hazardous materials, and construction of
well and treatment buildings.
c. The existence of an easement that prohibits
construction of septic systems or wells within 150-
feet of the northerly tract boundary.
d. The possible future uses of the River Parcel that
could include residential subdivisions, public parks
or other uses.
e. Prohibitions on the export of water from the private
wells within the subdivision or transfer of water
between properties within the subdivision.
25. All proposed trail access points on to AMWC property,the FM PS AMWC-4
Salinas River or the De Anza trail shall include appropriate
signage and vehicular barriers to prevent property
damage, damage to the riparian environment, vandalism,
uses inconsistent with AMWC policies, or other
inappropriate or illegal uses. All access points shall be
adequately maintained by the City or an entity established
to maintain the trail system. Access to AMWC property
where the proposed roadway is contiguous to the northerly
tract boundary shall be controlled in a manner consistent
with other access points to AMWC property.
-End of conditions-
•
106
Draft Resolution B
October 8,2002
Page 9 of 15
• EXHIBIT B:Site Plan Sheet 1
CUP 2002-0067: PDA 6-2 Master Plan of Development
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Draft Resolution B
October 8,2002
Page 10 of 15
EXHIBIT B:Site Plan Sheet 2 •
CUP 2002-0067: PD-16-2 Master Plan of Development
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Draft Resolution B
October 8,2002
Page 11 of 15
EXHIBIT C Statistical Summary of Project
CUP 2002-0067: PD-16-2 Master Plan of Development
NE.,
Lot 1 2.50 ac residential
Lot 2 2.50 ac residential
Lot 3 2.50 ac residential
Lot 4 2.50 ac residential
Lot 5 2.50 ac residential
Lot 6 2.50 ac residential
Lot 7 2.52 ac residential
Lot 8 2.77 ac residential
Lot 9 1.14 ac residential
Lot 10 1.14 ac residential
Lot 11 1.22 ac residential
Lot 12 1.01 ac residential
Lot 13 1.00 ac residential
Lot 14 2.80 ac residential
• Lot 15 2.47 ac residential
Lot 16 5.77 ac open space
•
- lU�
Draft Resolution B
October 8,2002
Page 12 of 15
EXHIBIT D: Arborist Report page 1
•
CUP 2002-0067. PD-16-2 Master Plan of Development
JUN 5':' 2002
4;o`
802 PASO ROBLES STREET PASO ROBlES,CALIFORNIA 93446 805 -v oW �lT 42
ARBOR
TREE SURGERY
Date: 5/13/02 FILE COPY
To: Kelly Gearhart
From: Steven Alvarez,Arbor Tree Surgery
Re: Riverbed Development,Atascadero
This report is in regards to the Oak Trees bordering the existing road through the
Riverbed Development. After reviewing the site,fifteen Oak.Trees will have impacts
varying from slight to recommending removal. The trees are labeled on the
accompanying map in an East to West direction. A large proportion of the trees require
"road clearance"which unless otherwise specified will require a maximum of 5-10% •
canopy removal for vehicular traffic. The height above road level should be 16 feet. All
pruning activities should be supervised by a trained arborist. "Dbh"referred to below is
the diameter at breast height. Two trees will require retaining walls that should be
constructed according to the following mitigation measures:
1) Trenching operations should be either hand dug or performed by an
experienced backhoe operator.
2) All roots encountered larger than one inch in diameter should be cut with
sharp tools.
3) The footing should be re-buried as soon as practically possible.
Trees
1) 24"Live Oak-Road Clearance
2) 36"Live Oak-Road Clearance
3) 24"Live Oak-Road Clearance
4) 48"Live Oak-Road Clearance
5) 28"Live Oak-Road Clearance
6) 14"Live Oak-Removal is recommended for this tree due to its proximity
to the roadway.
7) 60"Live Oak-Road Clearance
8) 72"Live Oak-Road Clearance
9) 40"Live Oak-Road Clearance
10) 11"Live Oak-This tree requires a retaining wall at approximately 8 feet
out from the main stem so the soil level can be returned to its original
grade-
11) 8"Live Oak-A retaining wall should be constructed to return soil level to •
its original grade.
12) 28"Live Oak-Road Clearance
JL
Draft Resolution B
October 8,2002
Page 13 of 15
• EXHIBIT D: Arborist Report page 2
CUP 2002-0067: PDA 6-2 Master Plan of Development
13) 50"White Oak-This particular tree has an extremely poor crotch between
its two dominant stems. Failure is highly probable. Removal is
recommended
14) 48"White Oak-Road Clearance
15) 42"White Oak-Road Clearance
All trees,except the removals,should be protected with construction fencing at
the edge of the roadway. Excess fill should not be placed under the drip line of any tree.
Drip line areas should not be used as a storage site nor should heavy machinery be
operated there. All contractors working in this vicinity should sign off on this arborist
report along with the plans identifying the trees.
Sincerely,
Steven G.Alvarez
Certified Arborist#0511
Arbor Tree Surgery.
•
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Draft Resolution B
October 8,2002
Page 15 of 15
• EXHIBIT E:ELEVATIONS AND COLOR AND MATERIALS
CUP 2002-0067: PD-16-2 Master Plan of Development
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• ATTACHMENT 6: Draft Resolution C
DRAFT
RESOLUTION C
A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING
VESTING TENTATIVE TRACT MAP 2002-0014 THEREBY ALLOWING
A SIXTEEN LOT CLUSTER RESIDENTIAL SUBDIVISION OF APN 049-
023-030, 049-291-016, 049-291-005 CONSISTENT WITH THE PD-16
MASTER PLAN OF DEVELOPMENT CUP 2002-0067
(2000 Ferrocarril/Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422, (Applicant & Owner), to consider a project consisting of a
Planned Development overlay zone change to PD-16 with the adoption of a Master Plan of
Development, and an sixteen-lot cluster residential tract map, on a 31+/- acre lot located at
2000 Ferrocarril Road (APN 049-023-030, 049-291-016, 049-291-005); and,
• WHEREAS, the site's vested General Plan Designation is PUB (Public) and SSF
(Single Family Suburban); and,
WHEREAS, the site's vested zoning district is P (Public) and RS (Residential
Suburban); and,
WHEREAS, the Planning Commission has recommended that a site be rezoned to a
PD-16 overlay district which requires the adoption of 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 Public Hearing
held on September 17, 2002, studied and considered Tentative Tract Map 2002-0014, after
first studying and considering the Draft Mitigated Negative Declaration prepared for the
• project; and,
1A •
14
Resolution C
October 8,2002
Page 2 of 27
WHEREAS, the Atascadero City Council, at a Public Hearing held on October 8, •
2002, studied and considered Tentative Tract Map 2002-0014, after first studying and
considering the Draft Mitigated Negative Declaration prepared for the project; and,
NOW, THEREFORE, the City Council takes the following actions:
Section 1. Findings of Approval for Vesting Tentative Tract May, the Atascadero
City Council 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 16-2 Master Plan of Development (CUP 2002-
0067).
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 resolves to approve Vesting
Tentative Tract Map 2002-0014 subject to the following:
1. Exhibit A: Vesting Tentative Tract Map 2002-0014
2. Exhibit B: Improvement Plans
3. Exhibit C: Arborist Report
4. Exhibit D: Conditions of Approval
•
.1 4
_ 11�
Resolution C
October 8,2002
Page 3 of 27
. 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
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Resolution C
October 8,2002
Page 5 of 27
• Exhibit A:Tentative Tract Map Sheet 2
TTM 2001-0014
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Resolution C
October 8,2002
Page 6 of 27
Exhibit B: Improvement Plans:Offsite Access Easement •
TTM 2001-0014
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Resolution C
October 8,2002
Page 7 of 27
• Exhibit B:Improvement Plans:Street Improvement Plans
TTM 2001-0014
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Resolution C
October 8,2002
Page 9 of 27
• Exhibit B:Improvement Plans:Street Improvement Plans
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Resolution C
October 8,2002
Page 10 of 27
Exhibit B: Improvement Plans:Street Improvement Plans •
TTM 2001-0014
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Resolution C
October 8,2002
Page 11 of 27
• Exhibit B:Improvement Plans:Street Improvement Plans
TTM 2001-0014
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Resolution C
October 8,2002
Page 12 of 27
•
EXHIBIT C:Arborist Report Page 1
TTM 200240014
'-'
Fqw-4;o",
aN 5' 2002
E14T
802 PASO ROBLES STREET PASO ROBLES,CALIFORNIA 93446 80542
ARBOR
TREE SURGERY
Date: 5/13102 FILE COPY
To: Kelly Gearhart
From: Steven Alvarez,Arbor Tree Surgery
Re: Riverbed Development,Atascadero
This report is in regards to the Oak Trees bordering the existing road through the
Riverbed Development. After reviewing the site,fifteen Oak Trees will have impacts
varying from slight to recommending removal. The trees are labeled on the
accompanying map in an East to West direction. A large proportion of the trees require
"road clearance"which unless otherwise specified will require a maximum of 5-10%
canopy removal for vehicular traffic. The height above road level should be 16 feet. All
pruning activities should be supervised by a trained arborist. "Dbh"referred to below is
the diameter at breast height. Two trees will require retaining walls that should be
constructed according to the following mitigation measures:
1} Trenching operations should be either hand dug or performed by an
experienced backhoe operator.
2) All roots encountered larger than one inch in diameter should be cut with
sharp tools.
3) The footing should be re-buried as soon as practically possible.
Trees
1) 24"Live Oak-Road Clearance
2) 36"Live Oak-Road Clearance
3) 24"Live Oak-Road Clearance
4) 48"Live Oak-Road Clearance
5} 28"Live Oak-Road Clearance
6) 14"Live Oak-Removal is recommended for this tree due to its proximity
to the roadway.
7) 60"Live Oak-Road Clearance
8) 72"Live Oak-Road Clearance
9) 40"Live Oak-Road Clearance
10) 11"Live Oak-This tree requires a retaining wall at approximately 8 feet
out from the main stem so the soil level can be returned to its original
grade.
11) 8"Live Oak-A retaining wall should be constructed to return soil level to •
its original grade.
12) 28"Live Oak-Road Clearance
_ i 2"
Resolution C
October 8,2002
Page 13 of 27
• EXHIBIT C: Arborist Report page 2
TTM 2002-0014
13} 50"White Oak-This particular tree has an extremely poor crotch between
its two dominant stems. Failure is highly probable. Removal is
recommended.
14} 48"White Oak-Road Clearance
15) 42"White Oak-Road Clearance
All trees,except the removals,should be protected with construction fencing at
the edge of the roadway. Excess fill should not be placed under the drip line of any tree.
Drip line areas should not be used as a storage site nor should heavy machinery be
operated there. All contractors working in this vicinity should sign off on this arborist
report along with the plans identifying the trees.
Sincerely,
X7,
Steven G.Alvarez
Certified Arborist#0511
Arbor Tree Surgery
•
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Resolution C
October 8,2002
Page 15 of 27
EXHIBIT D:Conditions of Approval
TTM 2002-0014
Conditions of Approval Timing Responsibility Mitigation
Fenrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Ma 200240014 FM:FrdMap
Map GP:Graft Perms Ps:Pbuig Services
BP:Dmv Perna BS:Wav Services
T0:Temporary Ocmpar y FD:Fre Depa t ert
F0:Fid Om pa q PD:Poice Depa hent
IP:leprmsret Purrs CE:Cty Ergrser
WDM.V tawdter
CA CtyAd-V
AW C:Atascadem
Mhd W ter cwwm
Planning Services
1. The approval of this application shall become final,subject to FM PS
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 Tract Map shall be valid for two FM 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 FM 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. The Tract Map shall be subject to additional fees for park or FM PS
recreation purposes (QUIMBY Act) as required by City
Ordinance.
5. The applicant shall record CC&R's for the subdivision subject FM PS/CE
to the review and approval of the City Engineer,City Attorney
and Planning Department. The CC&R's shall identify the
maintenance responsibilities of all private driveways, roads,
bridges, sewer facilities, drainage facilities, common parking
areas, site lighting, landscape areas, fencing, and other
common facilities. The CC&R's shall also state that each
unit shall have no more than three bedrooms and that all
exterior colors, exterior materials, and yard fencing shall be
consistent with the overall master plan of development.
6. 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
i28
i
Resolution C
October 8,2002
Page 16 of 27
Conditions of Approval Timing Responsibility Mitigation •
Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Map 200240014 FM:FrdMap � SeMces
cP:I�ladrg Perm ung
BP:Bilkg Pwd B5:aidg_%nim
10:Temporary Ocupancy FD:Fre Depa hnert
F0:Fra Ow4w y PD:Poke Depa trat
IP:InvMVaT at Phis CE cry Er9w
%AW wastewater
CA OtyA tm ejr
AW C:Atasm&m
MAdwatercempav
7. An irrevocable open space and public access easement shall FM PS
be recorded on Lot 16 and clearly noted on the final map.
8. Twenty-foot (20-foot) public access easements shall be FM PS
recorded across all trail corridors located outside of street
right-of-ways.
9. A paved Class I Bikeway shall be provided on the east side IP/FM PS
the street from the existing cul-de-sac on Ferrocarril Road to
Graves Creek.
10. The access road shall be constructed as a through road IP PS/CE
connection to Ferrocarril Road as shown on Alternative 1 of
Sheet C2.2 of the road improvement plans.
11. A tract map drawn in substantial conformance with the FM PS
approved tentative map, and in compliance with all
conditions set forth herein, shall be submitted for review and
approval in accordance with the Subdivision Map Act and the
City's Subdivision Ordinance.
Mitigation Measures
12. The project shall be conditioned to comply with all applicable IP PS 3.b.1.
District regulations pertaining to the control of fugitive dust
(PM-10) as contained in section 6.4 of the 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. Increased
watering frequency would be required whenever
wind speeds exceed 15 mph. Reclaimed water
should be used whenever possible.
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
a
129 t� C
�,I
Resolution C
October 8,2002
Page 17 of 27
• Conditions of Approval Timing Responsibility Mitigation
Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Map 2002-0014 Rt Fidnap Ps:
GP Glaring Permt Pkyn8 Sermes
BR DA&V Pera es:Buki g sakes
T0:TarpMo=parcy FD:FreDeparhat
F0:Frcal0=;w y PD:Poice Depatrnat
IP:hTne rert Plans ce city evrw
W Wastewater
CACtyAdvr y
AMW:Ptascadero
NUA Water compay
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 approved 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.
• 1. On-*site vehicle speed shall be limited to 15 mph for
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.
N. Wheel washers may be required when significant
offsite import or export of fill is involved.
O. All dirt stockpile areas should be sprayed daily as
needed.
13. A multi-use Class I bicycle, pedestrian and equestrian trail IP PS 3.c.1.
will be provided from Chico Road to the Salinas River and
along the shoulder of the new proposed street.
14. Large canopy shade trees shall be provided along street IP PS 3.c.2.
frontages to minimize urban heat build-up.
15. All construction within the drip lines of native trees shall be IP PS 4.e.1.
consistent with the mitigation requirements of the 5/13/02
arborist report.
16. A tree fencing protection plan shall be submitted with IP PS 4.e.2.
• construction plans and installed prior to permit issuance
130
Resolution C
October 8,2002
Page 18 of 27
Conditions of Approval Timing Responsibility Mitigation •
Fenrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Ma 200240014 FR Rd Map
Map GP:CYadrg Perot PS:PbrdV Swkm
BP:Bubng Perrot BS:8uidng Swkes
To T-porary ocapm FD:Fre Depatrat
FG:Frd Gaapancy PD:Poke Deparbmt
IP:InVwvar rt Plans CE:Cly Erow
WW WasteAder
CA:CIyAft-q
AMM:Ptucadero
Mtrd Water CwWV
17. All tree removals shall be mitigated consistent with the IP PS 4.e.3.
requirements of the Atascadero Native Tree Ordinance
18. An arborist shall be retained monitor construction, IP PS 4.e.4.
mitigations, and overall tree health.
19. A Storm Water Pollution Prevention Plan (SWPPP) will be IP PS 8.c.1.
required to be approved by the RWQCB prior to
construction.
20. Deed disclosures shall be recorded against all lots notifying FM PS 11.a.1.
potential buyers that noise levels on their property will most
likely exceed the recommended limits established by the City
of Atascadero when trains are present on the tracks. Advise
buyers that noise levels during train pass-bys will be very
loud, potentially annoying, and perhaps startling.
21. Locate outdoor living spaces out of direct line-of-sight with IP PS 11.a.2.
the railway to the extent possible: •
22. Installed landscaped berms around outdoor living areas that IP PS 11.a.3.
have direct line-of-sight with the railway.
23. Construct all housing will stucco siding and concrete or tile On Going PS 11.a.4.
roofing materials to reduce interior noise.
24. Minimize windows that have direct line of sight with railway. On Going PS 11.a.5.
25. Prior to recording the final map, the applicant shall make FM PS/CE AMWC-1
every effort to annex the property into the AMWC service
area. The annexation is required to provide the subdivision
with an adequate, safe and reliable source of water for
domestic and fire suppression uses. If annexation into the
AMWC service area fails for reasons beyond the control of
the applicant, the applicant shall perform well tests on each
lot to the satisfaction of the City Engineer. The final map
shall not record until the well tests reveal there is an
adequate, safe, reliable and long-term water supply available
for each lot.
26. The applicant shall provide a 150-foot wide exclusionary FM PS AMWC-2
easement contiguous to the northerly tract boundary that
expressly prohibits construction of septic systems or wells,or
as otherwise approved by the Atascadero Mutual Water
Company. The applicant shall provide the easement by
separate instrument, shall show the easement on the final
map, and shall address the restrictions in the CC&R's for the •
project.
i3 �
Resolution C
October 8,2002
Page 19 of 27
• Conditions of Approval Timing Responsibility Mitigation
Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Map 2002-0014 Bk FMMap
GP:Qa&Q P=t Ps:PWWQ Services
BP:Baking Pamt BS:&i*Q SM=
T0:Tenpaay Ocapanq FD:Fre Depart ert
F0:Frol Ompa cy PD:Poke Depadmat
IP:hVMWBt Pas CE:Qty En*w
IAW Wastewater
CA:QtyAtt-W
AWJQ Atascadm
""Water cmp"
27. The applicant shall record instruments separate from and FM PS AMWC,3
concurrent with the final map that discloses the following to
all property owners within the subdivision. AMWC shall
review and approve the form and content of the instruments
relative to these conditions of approval before they record.
a. AMWC operates community water wells on the
parcel adjacent to the subdivision (the "River
Parcel")and that operation of said community wells
will have influence over and interfere with the
private wells constructed on the lots within the
subdivision.
b. Development and operation of community wells
and other water-related facilities on the River Parcel
will be of an industrial nature. Impacts to the
subdivision will result from operations on the River
Parcel that produce intermittent and continuous
• noise and dust. Other activities will include the
drilling of wells, excavation of recovery ponds,
construction of pipelines, hauling, handling and
storage of hazardous materials, and construction of
well and treatment buildings.
c. The existence of an easement that prohibits
construction of septic systems or wells within 150-
feet of the northerly tract boundary.
d. The possible future uses of the River Parcel that
could include residential subdivisions, public parks
or other uses.
e. Prohibitions on the export of water from the private
wells within the subdivision or transfer of water
between properties within the subdivision.
28. All proposed trail access points on to AMWC property, the FM PS AMWC-4
Salinas River or the De Anza trail shall include appropriate
signage and vehicular barriers to prevent property damage,
damage to the riparian environment, vandalism, uses
inconsistent with AMWC policies, or other inappropriate or
illegal uses. All access points shall be adequately
maintained by the City or an entity established to maintain
the trail system. Access to AMWC property where the
proposed roadway is contiguous to the northerly tract
boundary shall be controlled in a manner consistent with
• other access points to AMWC property.
City Engineer Standard Conditions
.3
Resolution C
October 8,2002
Page 20 of 27
Conditions of Approval Timing Responsibility Mitigation •
Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Map 200240014 FK Frd Map Ps:Pla ni g smites
GP:Gracing Perot
BP:BJ*Q Perot BS:&fig Swkw
TO:Temporary Ow4xM FD:Fre Depatnert
F0:Fid Ocapaq PD:Poice Depabrat
IP:lopruma t Plan CE:Cty Engnea
WJJ:Watearata
CA CtyAttarney
AhVJC:Abscadao
RW Water Compaq
29. An Encroachment Permit shall be obtained from the Public
Works Department.
30. The applicant shall enter into a Plan Check & Inspection
agreement with the City. All cost for the checking of the
plans, administration of the encroachment permit and
inspection of the improvements shall be borne by the
applicant. A deposit for the plan check and inspection shall
be placed with the City, as determined by the City Engineer.
31. All road improvements and drainage systems shall be
designed and constructed in accordance with the City
Engineering Department and Standard Specifications and
Drawings or as directed by the City Engineer by a Registered
Civil Engineer.
32. The applicant shall be responsible for the protection,
relocation and/or alteration of existing utilities:
33. The applicant shall install all new utilities(water,gas, electric, •
cable TV and telephone)underground.
34. The applicant shall monument all property corners for
construction control and shall promptly replace them if
disturbed.
35. Prior to issuance of building permits, the applicant shall
submit a grading and drainage plan with a separate sheet(s)
devoted to sedimentation and erosion control, prepared by a
registered civil engineer for review and approval by the.City
Engineer.
36. Prior to the final inspection, all outstanding plan check and
inspection fees shall be paid.
City Engineer Project Conditions
Circulation
37. The proposed road from the end of Ferrocarril to the end of IP CE
EI Camino Real shall be Rural Local Standard 401 Type"B"
(13-foot wide lanes).
38. An 8-foot wide paved multi-purpose trail shall be constructed IP CE •
next to the road.The trail shall be separated from the road.
- X33
Resolution C
October 8,2002
Page 21 of 27
• Conditions of Approval Timing Responsibility Mitigation
Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Ma 200240014 Fit FrdMap
Map GP:Gra&g Pw I Ps:%vi g Sw/;:m
Bp:B."V Pam BS:&i3g swx%
TO:TwrpM Oca4wq FD:Fre Deparhnert
FO:Frd OwipaM PD:Poke Depahat
IP:IMOVMnat Plam CE clY
WK.WddeNder
CA CtyAft-W
ANN:Atascadao
KtW WatercWr"
39. The construction documents for the proposed RR bridge IP CE
shall be approved by the UPPR and the City of Atascadero.
40. Access easement across the project subdivision and the IP CE
Rochelle property shall be granted to the AMWC and the City
of Atascadero and any other future property owners of the
River parcel or the subdivision there of. No restrictions shall
be placed on the access easement.
41. The UPPR is requesting a signal at the intersection of Chico
Road and Traffic Way. The applicant shall pay the prorata
share of the cost of the signal for each lot at time of
residential building permit.
42. The bridge construction from the end of Ferrocarril to the end IP CE
of EI Camino Real shall be competed and approved by the
City of Atascadero prior to the issuance of any Phase 2
residential building permits.
• Easements
43. Signed and recorded easements or proof of ownership of all FM CE
property that is used for access will required to be submitted
prior to Planning Commission Meeting.
44. A 50-foot easement for access, water facilities and utilities FM CE
will be recorded on the Final map.
Road Maintenance
45. The applicant shall provide for annual reports on the bridge FM CE
condition by a qualified Civil Engineer, Structural engineer or
other qualified Professional approved by the City Engineer.
The report shall detail the structural integrity of the bridge
and the required maintenance for the bridge. The repair and
maintenance work on the bridge shall be inspected and
approved. The report and repair work will the responsibility of
the property owner of this subdivision.
46. The applicant shall record a road maintenance agreement or FM CE
assessment district for the bridge, roads and multi-purpose
trail. The property owner of the lots will be fully disclosed of
the maintenance agreement and the anticipated annual cost
to each property.
• Grading and Drainage
Resolution C
October 8,2002
Page 22 of 27
Conditions of Approval Timing Responsibility Mitigation •
Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Ma 200243014 FM Frd Map
Map GP:Gradrig Petri PS:Pbrug Swkm
BP Uft Perri B5:Bri3g Smites
TO:Twpaary Ow4xM FD:Fre Depa hent
F0:Frd Ocagaq PD:Poke Deparht at
IP:h Tmemert Pbm CE Oiy Bvr w
Wu.Wastewater
ck ctymam
NVW:NascacWo
M dWaterCwVarry
47. Grading and Drainage Plans shall be submitted with the IP CE
Tract Improvement Plans. These plans will conform to all
State and Local standard.
48. All drainage released off the project site and into the Salinas IP CE
River shall comply with the Regional Water Quality Board
Standard and the National Pollution Elimination System,
Phase II requirement. The Regional Water Quality Board
shall approve a Storm Water Pollution Prevention Plan.
Wastewater
49. Septic Systems will be design in accordance with Section 8- IP CE
2.103 of the Atascadero Municipal Code.
50. Percolation Test for each lot and the distance between the IP CE
ground water and the bottom of the septic system will be
submitted to the City of Atascadero.The information must be
reviewed and approved by the City of Atascadero prior to •
recording the Final map. All systems shall comply with the
requirements of the Regional Water Quality Control Board.
Water
51. Prior to recordation of any final maps, the applicant shall FM CE
enter into an agreement with the Atascadero Mutual Water
Company to annex the project area into the Water Company
service area. The applicant shall post a cash deposit in an
amount determined by the City Engineer to cover the cost of
engineering and fiscal studies required for annexation.
52. Any wells installed prior the annexation to the Atascadero FM/IP CE
Mutual Water Company shall require water quality and
quantity test reports subject to approval by the City Engineer.
The reports will be reviewed and approved by County Health
department and the City of Atascadero.
53. The minimum sustained yield of water from a source or FM/IP CE
sources and minimum water storage capacity shall not be
less than 0.50 Gal/Min and 1,000 Gal/3 days for pumped
sources. For uses other than that specified above the
minimum yield and storage requirements shall be based on
estimated consumption as approved by the"Health Officer."
All sources shall be perennial.
54. All wells shall be subject to the following Test Method for FM/IP CE
Pumped Source: •
Step 1.Commence the test no sooner than 7-days after
135
Resolution C
October 8,2002
Page 23 of 27
• Conditions of Approval Timing Responsibility Mitigation
Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Ma 20024)014 FM: �
Map FO �GP:Grating Pemit Ps:Phrri v Swxes
BP:Buidhg Pem t BS:DA*g Services
TO:Tenpasy Ow4xM FD:Fre Depahnat
F0:Fid O=Vary PD:Poke Depahnat
IP:Impraanat Phns CE:Cly Erow
V IAWeAer
CA CIYMwey
AWJC:Atascadao
PA"Waier Ca ripy
development of the well. Record the time and the initial
level of the water in the well prior to start of pumping.
Step 2. Start pumping at a rate of 10 GPM, or more,
until a 3-day minimum yield is pumped from the well, or
until the well is"pumped dry".*
*"Pumped Dry"is the point at which the pump starts
pumping air,thus reducing the pumping rate.
If a 3-day yield is obtained without"pumping dry"skip to
Step 5.
If the well is"pumped dry"continue to Step 3.
Step 3. Record the time at which the well is"pumped
dry"and the new pumping rate at which the pump
continues to operate.
• Step 4.Continue pumping and record the pumping rate
at one-hour intervals commencing at the time in Step 3,
until the same reduced pumping rate is obtained on 3
consecutive hours.
If the 3 consecutive hourly readings are less than the
minimum yield required,the yield is inadequate.
If the 3 consecutive hourly readings are equal to or
greater than the minimum allowable yield and a 3-day
yield was pumped from the well,continue to Step 5.
If the consecutive hourly readings are equal to or greater
than the minimum allowable yield, but a 3-day yield was
not pumped from the well,continue pumping until this
total 3-day yield is obtained,then continue to Step 5.
Step 5. End pumping and record the time and the
elevation of the water level at the completion of
pumping.
Step 6. 72 hours after the time recorded in Step 5,
measure and record the water level in the well.
a. If the is a 100%recovery of the initial water level at
72-hour measurement,the well yield is adequate.
b. If the above recovery is not obtained for the well,this
• yield is inadequate.
c.Test Results-The results of the yield tests shall be
_ ;.3
Resolution C
October 8,2002
Page 24 of 27
Conditions of Approval Timing Responsibility Mitigation •
Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Map 2002-0014 �F�
PS Plarig Services
BP:&MV Pw t BS:843g Services
TO,Temporary Ocapem FD:Fre Depaheit
For Frd Ow pawy PD:Pafce Depatwt
rP yrpmme,t pm CE Cly En7w
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AMM,AbscacWo
NUd Water CaTM
recorded on the forms provided by the"Health Officer."
All applicable blanks on the forms shall be filled out.
The yield of a gravity fed source shall be the lowest of
the(3)three tests.The yield of a pumped source shall
be the pumping rate established by the"3-day yield
pumping tests."
55. The yield testing shall be performed during the dry season
(July 15 to October 1, unless the"Health Officer"expands
this time limit due to lack of precipitation).Testing outside of
the dry season may be allowed if sufficient data as approved
by the"Health Officer"is submitted which correlates the
actual test results with dry season results to establish actual
sustained yield at the driest season.
56. Yield tests shall be made only by State Licensed Well Drilling
Contractors, General(Class A License)Contractors, Civil
Engineers, or Geologists,except where a gravity fed source •
will supply(1)one single family dwelling,the test may be
made by the property owner.Verification by a representative
of the"Health Officer"may be required.
Source Setbacks shall be 5 feet from property line, 100 feet
from Subsurface Disposal Field,Septic Tank or other
Subsurface Storage Tanks
57. The water shall meet the physical, chemical and
bacteriological standards of the State Department of Public
Health and the US Environmental Protection Agency.Where
an analysis indicates that the source initially would not meet
such standards,the applicant shall provide a proposed
method of water treatment,or condition of, such as
chlorinating,filtration, or chemical adjustment to meet such
standards.
Atascadero Mutual Water Company(AMWC):
58. The applicant shall provide a 30-foot wide access and water FM CE/AMWC
main easement across Parcel 1 of Parcel Map AT 01-060
recorded in 56-PM-37 in the office of the County Recorder
(APN 49-291-005). The easement shall parallel, more or
less,the easterly boundary of Parcel 1. The easement shall
be bounded on the south by the existing 50-foot wide access
and water main easement across Parcel 1 and Parcel 2 of
said parcel map and shall be bounded on the north by the
northwesterly boundary of Parcels 1 and 2. The easement •
shall connect the existing dirt roadway on the River Parcel
APN 49-011-001)to the existing access and water main
137
Resolution C
October 8,2002
Page 25 of 27
• Conditions of Approval Timing Responsibility Mitigation
Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Map 200240014 FM FrdMap
GP.aa*V Pwd PS:PbMW Services
8P:Briding Pmt as.DJ*Q se foes
TO TertPM o-Wq FD:Fre Departr art
F0:Fre/Oc 4wq PD:P*e Deparhnert
IP Ungmwert Plays CE:Cly evrim
M.Wademder
CA CtyAHmrey
XvW:Atascadero
Mdd Water Cmpa V
easement across Parcel 1 and Parcel 2 that benefit AMWC.
59. The applicant shall retain the existing 50-foot wide access FM CE/AMWC
and water main easement that benefits AMWC across
Parcel 1 and Parcel 2 of Parcel Map AT 01-060. Said map is
recorded in 56-PM-37 in the office of the County Recorder
(APN's 49-291-005, 024). Recording of the final map shall
not eliminate or otherwise alter the existing 50-foot wide
access and water main easement across Parcel 1 and
Parcel 2 that benefit AMWC.
60. The applicant shall provide a 50-foot wide access and water FM CE/AMWC
main easement to AMWC across the proposed subdivision.
The easement shall follow the roadway alignment shown on
tentative map.
61. The applicant shall provide 10-foot wide water line FM CE/AMWC
easements to AMWC. The easements shall be parallel to
the side lot lines of Lot Nos. 1 through 5 and be bounded on
the south by the proposed road right-of-way shown on the
tentative map and on the north by the northerly tract
boundary. The easements shall be in a form approved by
AMWC.
62. The applicant shall provide an access and water main IP CE/AMWC
easement across the property to north of the River Parcel
(commonly referred to as the Rochelle Property)to AMWC.
The easement shall include any bridge, at-grade crossing,
underpass or other means used to cross the Union Pacific
Railroad right-of-way to gain access to the property east of
the tracks.
63. All access rights granted by the applicant to AMWC relative FM CE/AMWC
to these conditions of approval shall be equal or superior to
the rights granted the property owners within the subdivision.
The easements shall benefit AMWC and all future property
owners of the River Parcel or subdivisions thereof. The
applicant shall not place restrictions on the access rights
granted by the easements required by these conditions of
approval such as, but not limited to, prohibitions against
hauling hazardous materials or large equipment or hours of
use.
Building Department Conditions
64. A soils investigation prepared by a licensed Geotechnical
• Engineer is to be provided for the project.The report is to be
provided at the time of building permit submittal along with
the building plans for review by the Building Division.
138
Resolution C
October 8,2002
Page 26 of 27
Conditions of Approval Timing Responsibility Mitigation •
Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Map 200240014 FM Fret
GP.Gair9 Perri PS:Plamm Services
BP.&long Pont BS:&13g Saeices
TO:Terrporar ompa q FD:Re Depa6nert
M.Frd Ocapaq PD:Poice Depabwt
IP trpoverra t Plat CE ct
WW:Wastewater
CA,ctyAltem-y
AMWC:Atascadero
Mild Water canpary
Recommendations contained in the report are to be
incorporated into the project plans.
Fire Department Conditions
65. Fire hydrants shall be provided along streets per City IP FD
standards. Dry water mains and hydrants shall be
installed regardless of the status of annexation to the
Atascadero Mutual Water Company service area.
If development precedes annexation to the Atascadero
Mutual Water Company service area then the following
conditions shall apply:
a. A secondary water supply for fire
protection is to be provided with an on-site
water tank. The tank shall be sized in
accordance with NFPA 1142 for fire
department use. It shall supply a wet or
dry barrel type fire hydrant with one 4 W
and one 2 Y2"outlet in a location approved
by the Fire Authority. A fire pump is to be
provided which shall furnish not less than
150 percent of rated capacity at a total
head of not less than 65 percent of total
rated head.The shutoff total head for
horizontal shaft pumps shall not exceed
140 percent of the total rated head.The
inlet pressure available from a water
supply shall be figured on a basis of flow
of 150 percent of the rated capacity of the
pump, as indicated by flow test.The
pressure in public mains shall not be
reduced in pressure below 20 p.s.i.while
the pump is operating at 150 percent of its
rated capacity.
b. Minimum fire flow is to be 1000 gallons
per minute at 20 p.s.i.for a 120 minute
duration. Alternatives may be considered
by the Fire Chief if the minimum fire flow
is not obtainable.
Planning Commission Conditions .
139
Resolution C
October 8,2002
Page 27 of 27
• Conditions of Approval Timing Responsibility Mitigation
Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Map 2002-0014 FM:Fnd Map
GP:Gradg Pwri PS:Pb""SWkM
BP:BAci g Pmt BS:Sting Swim
TO Tenpaay Ocaparwy FD:Fre Depabnert
F0:Frd Ocapawy PD:Poice Depabrat
IP:IrtprvwntPbm ce«Y
WW Wastewater
CA CtyAttwiey
AN WC:Ptascadero
Mooed Wates Cwpary
66. The tract map shall be permitted to be recorded in the FM PS
following phases.
Phase 1: Lot 13 and Lot 16 with open space and
trail easements recorded.
Phase 2: Lots 1-12 and Lots 14-15.
•
•
140
ITEM NUMBER: C-1
DATE: 10/08/2002
Atascadero City Council
Staff Report - City Manager
Recruit Police Officer
RECOMMENDATION:
Council authorize establishment of the position of Recruit Police Officer.
DISCUSSION:
The City of Atascadero currently recruits Police Officers who are either Entry-Level or Lateral.
Entry-Level candidates are applicants who have completed the police academy and have less than
eighteen months of police experience. The Lateral Police Officer candidates are applicants who
• have completed the police academy, have completed probation in a department and possess a
Peace Officers Standards and Training(P.O.S.T.)Basic Certificate.
The number of Police Officer applicants has been diminishing over the years resulting in fewer
qualified candidates. A few years ago the City could expect 10-20 Entry and Lateral applicants.
Recent recruitments, despite extensive advertising, have resulted in 2-5 applicants per testing.
Agencies in our county and across the nation are dealing with low staffing levels, recruitment and
retention issues. The problem will become critical in the near future as local departments
experience more vacancies due to attrition. For example, Santa Maria and San Luis Obispo
Police Departments expect in excess of 15 vacancies each over the next two years. The economy
and high cost of housing in the Atascadero area also present challenges difficult to overcome in
recruiting and retention.
This report proposes a new option - a Recruit. The Recruit would not have completed the police
academy and would likely have no law enforcement experience. There would be a testing and
background process similar to a regular police officer. The City would then pay the Recruit's
salary and costs to attend the police academy. Police personnel would mentor the officer to
insure good performance in the academy and close ties to the organization.
The Recruit Officer position will particularly attract those local applicants with ties to the
community largely because their housing is already established. Paying selected applicants to
attend the police academy will enable them to continue to meet their financial obligations while
• attending the five-month academy. Additionally, it will offer the best return on the investment in
141
ITEM NUMBER: C-1
DATE: 10/08/2002
personnel and training costs by attracting employees who are most likely to stay with the City for
a longer period of time. •
A Recruit Police Officer would be hired after a complete background investigation as other officer
positions at a pay rate 20% less than an Entry-Level Officer. After successful completion of the
police academy the Recruit Officer would be upgraded to the position of Entry-Level Police
Officer with corresponding compensation.
FISCAL IMPACT:
The total potential cost for sending an applicant to the academy based on the current salary
schedule is approximately $16,300. This includes the salary of the recruit and academy material
costs. Funds for this expense are provided in the current Police Department budget.
The cost of sending a recruit through the academy represents a significant financial investment in
the individual. The recruit and the City can enter into an agreement at the time of initial hiring to
insure that our investment is not lost as a result of a recruit leaving the department soon after
graduation from the academy. That agreement would articulate the cost to the City of academy
expenses and salary during the time the recruit is in the academy. At each annual anniversary the
employee would be credited a prorated amount toward the total cost. After five years the
obligation would be completed. The employee would be responsible for a prorated amount if
he/she leaves employment voluntarily prior to the completion of the financial obligation. •
ALTERNATIVES:
Continue to concentrate recruitment efforts on Entry and Lateral Police Officers.
ATTACHMENT:
Recruit Police Officer Job Description
142
CITY OFATASCADER0
Police Officer - Recruit
GENERAL PURPOSE:
This is a non-sworn, training level classification in the City's police service. Under direct
supervision, attends the Peace Officers Standards and Training (POST) approved basic
academy to be trained in the technical knowledge, skills, and physical capabilities required to
perform police service. During training, recruits do not have police powers and are subject to
the rules and regulations of the City of Atascadero, Atascadero Police Department, and the
police academy attended. Promotion to a sworn Police Officer position is contingent upon
successful completion of the basic academy and the final review of the Chief of Police.
Upon promotion to Police Officer, individual will begin an eighteen-month probation as a
regular status employee.
SUPERVISION RECEIVED:
Receives direction from a Sergeant, or other ranking officer, Field Training Officer or
academy staff.
ESSENTIAL DUTIES & RESPONSIBILITIES:
Duties may include, but are not limited to,the following:
• Perform non-safety duties.
• Collect information and data.
• Transport people and material, etc.
• Attend a California P.O.S.T.-approved basic police academy for training.
• Participate in Patrol and Dispatch ride-alongs as directed.
QUALIFICATIONS:
• Must be at least eighteen years of age at time of appointment.
• Possess a High School Diploma or GED equivalent.
• Weight in proportion to height, vision correctable to 20/20 with corrective lenses
supplied by the applicant, and normal depth perception.
• Meet all other requirements in keeping with the Commission on Peace Officer Standards
and Training(P.O.S.T.).
• Must possess a valid California Driver License.
ABILITIES AND SKILLS:
Understand, interpret and apply Federal, State and local laws and regulations, departmental
• policies and procedures, and other technical literature pertaining to law enforcement; react
quickly and calmly in emergency or hazardous situations and adopt an effective course of
143
City of Atascadero
Police Officer—Recruit
Page 2
action; observe and remember facts and details of incidents; follow oral and written •
instructions; learn to safely drive a motor vehicle in both non-emergency and emergency
situations; learn to operate firearms safely and skillfully; obtain information through
interview, interrogation and observation; write clear and accurate reports; basic typing and
personal computer skills; communicate orally in person and over a radio; establish and
maintain effective working relationships with those contacted in the course of work, deal
tactfully and effectively with a wide range of different individuals and groups from the
community.
TOOLS AND EQUIPMENT USED:
Police vehicles of varying types, radios, radar equipment, handgun and other weapons and
ammunition as required, baton, handcuffs, breathalyzer, flares, mace, pepper spray, first aid
equipment, flashlights, keys and locks, pager, personal computer and related software, other
standard office equipment, video and audio recording equipment, pens/pencils, telephones,
small tools, and other tools and equipment as necessary.
PHYSICAL DEMANDS:
While performing the duties of this job, the employee is frequently required to sit and talk or
hear. Occasionally required to stand, walk, run, use hands to finger, handle, or operate
objects, controls, or tools listed above, reach with hands and arms, climb or balance, stoop,
kneel, crouch, or crawl, taste, smell,• feel or touch. The employee must occasionally lift •
and/or move more than 100 pounds. Specific vision abilities required by this jobinclude
close vision, distance vision, color vision, peripheral vision, depth perception, and the ability
to adjust focus.
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee frequently works in outside weather
conditions, day or night. The employee occasionally works near moving mechanical parts, in
high, precarious places, with explosives and is occasionally exposed to wet and/or humid
conditions, fumes or airborne particles, toxic or caustic chemicals, extreme cold, extreme
heat, and vibration. The noise level in the work environment is usually moderate.
SELECTION GUIDELINES:
Formal application, rating of education and experience; oral interview and comprehensive
background check including a credit history, driving record, criminal activity, military and
employment records, character references, polygraph exam, psychological check and medical
exam (in accordance with the California P.O.S.T. minimum standards for employment). Job
related tests might be required. •
_X _X
City of Atascadero
Police Officer—Reccait
Page 3
• The duties listed above are intended only as illustrations of the various types of work that
may be performed. The omission of specific statements of duties does not exclude them from
the position if the work is similar, related or a logical assignment to the position.
The job description does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the employer and
requirements of the job change.
Approved:
Wade G. McKinney, City Manager Date
•
.45
ITEM NUMBER: C-2
DATE: 10/08/2002
iaia � 197a
fADF,gQ
Atascadero City Council
Staff Report - Community Development Department
State of California
Regional Housing Needs Allocation
RECOMMENDATION:
Council:
1. Take a position in support of San Luis Obispo County's Regional Housing Needs Allocation
of 18,035 units from 2001-2008, with a City of Atascadero share being 218 units annually.
• 2. Take a position in support of San Luis Obispo Council of Governments' SLOCOG
p pp p (SLOCOG) adopted
population-based housing allocation formula.
DISCUSSION:
SLOCOG is responsible for coordinating the State's Regional Housing Needs Allocation (RHNA)
in San Luis Obispo County. SLOCOG has challenged the State's allocation numbers and has had
limited success negotiating for a lower allocation. At this point, the State has made a final
allocation of 18,035 units to San Luis Obispo County over an eight-year period. The State will
no longer negotiate the allocation number, leaving a lawsuit as the only option to seek a lower
number. If SLOCOG does not accept the allocation number and pursues legal action, then no
City within the County could receive certification of its housing element.
The 18,035-unit allocation is distributed to the Cities and County using a formula based on
population and job growth. For Atascadero, both population and jobs are predicted to grow 9%
over the eight-year period. Consequently, Atascadero receives 9% of the overall allocation,
which translates into 218 units per year. During the City's General Plan Update a slightly higher
number was incorporated into the Housing Element. Since the proposed allocation is lower than
the City's adopted Housing Element assumptions, staff is recommending that the Council support
• SLOCOG's acceptance of the RHNA. Once the RHNA is accepted the City of Atascadero would
be able to certify its Housing Element, which has been reviewed once by HCD.
146
ITEM NUMBER: C-2
DATE: 10/08/2002
SLOCOG is also considering changes to the local allocation formula. Although the proposed •
change would reduce the City's allocation by four units per year, staff is recommending support
for the existing formula. Staff is concerned that reopening the formula debate will at best slow
down the acceptance of the RHNA and could open the door to larger changes that might
significantly increase the City's allocation.
Staff has attached draft copies of SLOCOG's staff reports.
ATTACHMENTS:
1. SLOCOG 10/9/02 Draft Staff Report: Adoption of Regional Housing Needs Allocation
Number.
2. SLOCOG 10/9/02 Draft Staff Report: Regional Housing Needs Plan
•
•
- 147
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
• STAFF REPORT
MEETING DATE�,��
137
SUBJECT �` ���,. � .Adop�ion'of Regtonat Housing Need Allocation Number�� � a'; 7 � `
SUMMARY
The State's Department of Housing and Community Development (HCD) has provided their comments
regarding the Draft Regional Housing Needs Plan (RHNP). (See Attachment A, letter dated Aug.29,2002).
This letter states:
• HCD does not accept the Draft Regional Housing Needs Plan (RHNP) adopted by the SLOCOG
Board in July because it does not meet the regional housing need established by HCD for the
SLOCOG area.
• HCD has reduced the Regional Housing Need for the San Luis Obispo region from 18,892 to 18,035
units.
The Draft Regional Housing Needs Plan is currently at the end of the 90-day comment period provided for
under state law; regional agencies are allowed up to 60 days to respond to these comments. The public
hearing to consider comments/amendments to the plan is scheduled for today's meeting. During the public
hearing, state law (section 65584) indicates that SLOCOG will "accept, modify or reject" proposals and
comments from member agencies. A 30-day appeal period then follows the action of the Board on this
matter. The appeal period allows member jurisdictions to challenge the methodology of the plan itself
• and/or the allocation of their.respective assigned share of the regional housing need.
At the September 4th meeting,the SLOCOG Board agreed to delay a decision on the newly reduced HCD-
assigned numbers to October 9th. Legal staff was also directed to prepare a letter to be sent to the State
Attorney General requesting his opinion regarding aspects of the state law and HCD's authority to allocate
units in this process (see Attachment B, letter dated September 23, 2002). On September 9th a
supplemental update letter was sent to all jurisdictions suggesting member agencies focus comments on
the revised HCD allocation number, as well as any other concerns agencies have on the RHNP (See
Attachment C).
Two separate staff reports address this issue.
o This staff report(#B-2)focuses on the final allocation number to be used in the RHNP.
o The second staff report (#B-3) involves consideration of comments received from member
agencies and the public on the application of the formula for distribution of the allocation.
RECOMMENDATIONS
Staff: a. Accept the HCD allocation of 18,035 Units and integrate it into the Regional Housing Needs Plan.
b. Continue efforts to improve the allocation process in future legislation to consider regional
population projections, and improve inter-county equity, working with the League of California Cities,
the California Association of Counties,and the California Association of Councils of Governments.
Housing Methodology Committee:
•
z
B-2-1 - 1-48 8
DISCUSSION
Following recent discussions with HCD, it is apparent that further reductions in the regional allocation will not
be forthcoming and the assignment of 18,035 units to the region will need to be included in the RHNP.
Proceeding with a r.I�HNP that does not recognize this regional allocation will: negate the ability of any
jurisdiction within.th. wcounty to meet the requirements of state law for the adoption of their Housing Element,
could expose SLOCOG to litigation for not meeting the legal requirements of the state statutes, and could
also*oxfsose member agencies to legal challenges for failing to achieve State approval of their Housing
Eleme'ht. SLOCOG does not have funding available for a legal challenge of this issue.
Per state law, SLOCOG is required to hear comments from member agencies and determine whether to
accept requests and modify the existing plan,whether to modify the request and implement it, or whether to
reject the request.
The adoption of the Regional Housing Needs Plan (RHNP) has lead us to two major issues:
A. Acceptance of the HCD assigned regional allocation of 18,035 units (subject of this staff report).
B. Acceptance of the distribution of the units based upon the methodology contained in the RHNP
(subject of the accompanying staff report, agenda item#B-3).
The following discussion will outline the key concerns on this first issue the total regional allocation to be
used in the RHNP.
Total Regional Allocation
State Department of Housing and Community Development (HCD) Position On August, 29, 2002 HCD
provided their comments regarding the Draft Regional Housing Needs Plan (RHNP)(See Attachment A).
The HCD comments indicated:
• HCD has reduced the assigned regional Housing need from 22,460 to 18,892 and now to 18,035. .
• HCD cannot accept the Draft Regional Housing Needs Plan (RHNP, July 2002) adopted by the
SLOCOG Board in July because it does not meet the regional housing need allocation of 18,035
units for the SLOCOG area.
SLOCOG Response: In a letter from SLOCOG staff to member jurisdictions dated July 29, 2002, member
jurisdictions were asked to evaluate two RHNP allocations, HCD's determination, at that time (18,892 units),
and the SLOCOG Board approved number- 13,892 units. Since that time HCD reduced the determination
of need for SLOCOG to 18,035 units and rejected SLOCOG's Draft RHNP based upon the 13,892 not
meeting the state's determination of regional need. A letter from SLOCOG staff to member jurisdictions
dated September 9, 2002 (Attachment C), indicated that the cities/county need to also evaluate the plan
based on the revised HCD allocation of 18,035.
HCD Allocation Goal and Quantifiable Objectives It is important to note that although this 18,035 HCD
allocation will likely be difficult, and in some cases, impractical to meet, state law recognizes that a
community may not have available resources to actually achieve their assigned "fair" share of units.
However, state law characterizes it as a "goal" not a quota. Housing Elements may quantify the maximum
number of housing units by income category that can be constructed, rehabilitated and conserved over a
five-year period. These "quantified objectives" can be less than the "jurisdiction's goal" of achieving its fair
share of the regional housing allocation (see Government Code Section 655831)(2).
Options and Implications
The Board has basically two options: "Reject" or "Accept" the newly assigned HCD regional allocation.
Implications of these options were largely discussed at the recent workshop regarding Housing Mandates in
San Luis Obispo County, sponsored by the League of California Cities and the"Countywide Mayor's Group". •
These options are discussed below.
B-2-2 49
Option 1: Reiect the HCD-assigned number(18,035)
As further reductions in the regional allocation will not be forthcoming the assignment of 18,035 units to the
• region is the amount that must be included in the RHNP. If the RHNP is not modified to address - at
minimum - the 18.035 unit regional allocation HCD will refuse to certify all member agencies' Housing
Elements. as SLOCOG's RHNP will not be approved Proceeding with a RHNP that does not recognize this
regional allocation will jeopardize the ability of all jurisdictions within the county to meet the requirements of
state law for the adoption of their Housing Element, could expose SLOCOG to potential legal action for not
meeting the legal requirements of the state statutes, and could also expose member agencies to legal
challenge as well. SLOCOG does not have funding for a legal challenge of this issue.
• Result:
1) The San Luis Obispo Region will not have an acceptable Regional Housing Needs Plan (RHNP).
2) No member agency will have an opportunity to submit a Housing Element that is in compliance
with State law as HCD cannot certify them for compliance due to the lack of a regional allocation to
member agencies.
• Implications:
1) Ineligibility for specified HCD administered grants that are linked to housing compliance.
• Non-entitlement Community Development Block Grant (CDBG) [affecting Pismo Beach and
Morro Bay].
• State HOME Program funds
• Proposition 46-$100 million for local governments for any purpose.
2) Lower Priority for State Funding—examples include:
• California Housing Finance Agency HELP Program grants.
• Technology,Trade and Commerce Agency(TTCA) Infrastructure Bank funds.
3) Potential Reimbursement from SLOCOG back to the State for Senate Bill 90 (SB 90)Claims used
to prepare the RHNP($55K).
• Requires contributions from member jurisdictions totaling $55,000 as all SLOCOG budgeted
funds are dedicated to transportation.
4) High Litigation Exposure (with poor likelihood of success).
a) Potential litigants:
• SLOCOG member jurisdictions(as they would not be able to have their respective Housing
Elements certified).
• Builders.
• Housing Advocates.
b) Implications of Litigation:
1) Litigation Issues.
a. Need to establish a Litigation Fund-$250K to$500K.
• Requires contributions from member jurisdictions (all SLOCOG funds are
dedicated for transportation).
• Requires"agreed upon"funding formula: per capita, per dwelling unit, equal split.
b. Cost of Damages-$ unknown.
• Requires funding from member jurisdictions.
2) Building Moratorium. — if imposed on all construction - could result in loss of funds to
member agencies in the form of sales tax revenue, permits, and additional litigation for
damages from those that were in the process of development. Jurisdictions that have
faced such actions include:the cities of Pasadena and Folsom,and EI Dorado County
Option 2: Accept the HCD-assigned numbers
• Result: SLOCOG fulfills its legal requirements as the regional planning agency and allows its member
• jurisdictions to potentially also comply with State law in the form of approvable Housing Elements by
the end of 2003.
B-2-3 - 150
• Implications:
• Increased Funding potential for State/HCD grants that are linked to housing compliance%
• Non-entitlement Community Development Block Grant (CDBG) [meaning Pismo Beach and •
Morro Bay], Help programs and Home Funds).
• Proposition 46-$100 million for local governments for any purpose.
• California Housing Finance Agency Health Program grants.
• Technology,Trade and Commerce Agency(TTCA)Infrastructure grants.
2) No Reimbursement from SLOCOG back to the State for Senate Bill 90 (SB 90) Claims used to
Prepare the RHNP ($55K).
3) Litigation Exposure Minimized (with likelihood of successful defense).
• Potential litigants:SLOCOG member jurisdictions.
Summary. SLOCOG staff and Legal Counsel have reviewed the options in detail and conclude that it is not
likely to be at all fruitful to continue efforts to further reduce the overall regional allocation. Therefore staff
recommends the SLOCOG Board integrate the 18,035 units into the RHNP and continue working with the
League, CSAC, and CALCOG to pursue legislation that would require HCD to use regional population
projections and address inequities in the allocation between neighboring counties.
K\2002-2003 Overall Work Program\0100 Agency Program Dev10600-Board-Conrrittee Support\COG BoardlAgendas 2002 20031October 200ZRegional Housing Needs Plan Staff RePorL doc
B-2-4 - 15
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�I7Gt41vLA'
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
• STAFF REPORT
MEETING DATE. OCTOBER 9,2002
SUBJECT Regional Housing Needs Plan (RHNP) _
SUMMARY
The Draft Regional Housing Needs Plan (RHNP) has been in circulation since July 10, 2002 for a 90-day
comment period. The RHNP is proposed for adoption at today's hearing. During the public hearing, state
law(Section 65584) indicates that SLOCOG with either"accept, modify or reject"proposals'and comments
from member agencies. The adoption of the RHNP is followed by a 30-day appeal period allowing
member jurisdictions to challenge the allocation of their respective assigned share of the regional housing
need.
On January 9t', 2002 the SLOCOG Board reviewed and approved a methodology developed by a local
interagency Housing Methodology Committee for distribution of the regional allocation to member agencies
that has been integrated into the housing needs plan. Since that time the major issue of focus and
controversy has been what the region-wide total number would be. Negotiations with the state's
Department of Housing and Community Development (HCD) over these month has resulted in a final
determination from HCD of an assignment of 18,035 units for the SLOCOG region. The attached Table A
shows the distribution of the 18,035 units based upon the SLOCOG Board approved formula.
Local jurisdictions have formally been requested to review the draft plan and have been encouraged to
submit comments in advance of the agenda distribution date of September 26 or by October 9'h the end
of the review and comment period. To date we have received comments from the City of Paso Robles
(Attachment A) raising three concerns, two of a technical nature and one a policy matter for the SLOCOG
Board to address. These issues are discussed below.
RECOMMENDATIONS
Staff: A. Receive all comments regarding the RHNP. Accept, modify, or reject proposals for change in
the plan and adopt Regional Housing Needs Plan.
B. Review jurisdiction progress in accommodating units within the respective Housing Elements in
June 2003.
C. Seek local or grant funding to continue working with member jurisdictions to develop acceptable
housing elements.
Housing Methodology Committee:
DISCUSSION
The previous staff report (item B-2) addressed the issue of the total regional allocation to SLOCOG from
HCD. This staff report is intended to address the allocation formula and provide for the adoption of the
RHNP. The Draft Regional Housing Needs Plan is currently at the end of the 90-day comment period
provided for under state law; regional agencies are allowed up to 60 days to respond to these comments.
This Item is the public hearing to consider comments/amendments to the plan. As part of the public
• hearing, state law (Section 65584) indicates that SLOCOG will "accept, modify or reject" proposals and
comments from member agencies. A 30-day appeal period follows the action of the Board on this matter.
B-3-1 - 4
The appeal period allows member jurisdictions to challenge the methodology used in the plan and/or the
allocation of their respective assigned share of the regional housing need.
Distribution Formula •
On January 9th, 2002 the, SLOCOG Board reviewed and approved a methodology for distribution of the
regional allocation to member agencies. The formula was developed over a five-month period by the
Housing Methodology Committee, which started meeting in August of 2001. The Committee consisted of
planning staff;from all jurisdictions, and other housing stakeholders (housing authority, builders, et al).This
committee examined each of the key issues and formulated recommendations that resulted in the formula
included in the RHNA and adopted by the Board.
SLOCOG's Housing Methodology Committee reviewed the housing need distribution methodologies that
have been used in the Sacramento Area Council of Governments (SACOG) plan, the Association of Bay
Area Governments (ABAG), the Association of Monterey Bay Area Governments (AMBAG), and the
Southern California Association of Governments (SCAG) plans. SLOCOG staff and the Housing
Committee analyzed and considered modifications to these factors for local application.
Each element of the proposed formula was reviewed and supported by the Housing Committee; and
subsequently adopted by your Board on January 9'h. The formula that has been approved seems to
project a fairly accurate reflection of the demand for housing generated either through economic growth or
population growth. The formula does not address physical or policy limitations within these communities
as the process seeks to determine the"need"- not the current status of each community's resource base.
The RHNP identifies housing needs based primarily on expected population and employment growth in the
region. It is SLOCOG's responsibility under state law to assist in the fair distribution of housing needs
among the cities and the county. The purpose of the formula - along with the application of the income
breakdown.of Very Low, Low, Moderate and Above Moderate- in establishing housing goals is to quantify
(in real numbers) what each jurisdiction's "Fair Share (i.e. accommodation of units in each income
category)of the regional housing need is. •
The resulting adopted distribution methodology contained in the RHNP consists of two main components.
• The first is a Formula Factor. Formula factors determine the jurisdiction's share of the regional
allocation. The Formula Factors used are Job Growth and Population Growth. The
Jobs/Population Factor was given a weighting — a 60/40 Split— to move communities closer to a
balance of jobs and housing.
• The second component is an Adiustment Factor. The Adjustment factors are applied with the
intention of making minor shifts among jurisdictions to promote equitable distribution. Two
adjustment factors were adopted, Vacancy Need and Fair-Share criteria. The Vacancy Need
Adjustment addresses the desirability of maintaining a 2% vacancy rate among the "Homeowner"
category and a 6% vacancy rate for the "Renter" category to allow for some flexibility in the
marketplace. Each jurisdiction has their respective total need divided into the four "Fair Share"
categories based upon the percentages of each income category with a shift halfway toward the
regional average (i.e. if the regional average of low-income families is 16% and the jurisdiction
currently has 18%of households in this category their goal is set at 17%)
h. pr
A
B-3-2
• The formula is comprised of the following elements
Formula Component Definitions
Share of Job Growth.........................job growth projected for each jurisdiction between 2000.and 2008 divided
..........................................................by total County job growth over the same time period
Share of Population Growth..............population growth projected for each jurisdiction between 2000 and 2008
divided by total County population growth over the period
Weighting Factor.................................the 0.6 weight factor gives job growth a greater emphasis with population
growth given a 40%representation
Regional Housing Need......................San Luis Obispo County total regional housing need
Jurisdictional Need..............................total housing need by jurisdiction based on population and job growth
Vacanc Need.....................................Adjust jurisdictional share of housing need to reflect an agreed upon
vacancy rate.
Total Projected Need........................total number of housing units needed based on its share of job and
population growth for the region.
Units by Income Category................adjust jurisdictional share of housing need to more evenly distribute
housing types by income levels.
•
Comments Received.
Comments received prior to agenda distribution are included here with a brief response or notation.
City of Paso Robles
The three points listed below were raised in a letter from the city of Paso Robles dated Sept 6, 2002 (See
Attachment C). The response to each concern is also provided.
1. Inconsistent use of population data in population proiections
Staff members from SLOCOG and the City of Paso Robles have reviewed this issue and the data
used for population projections was not found to be inconsistent. The City of Paso Robles staff
have rescinded this concern.
2. County Population Growth Factors Methodology
Population projections were prepared by the County of San Luis Obispo Planning Department
and approved by the SLOCOG Board on the recommendation of the Housing Methodology
Committee. These numbers were reviewed, discussed at length, and determined to reflect
reasonable prevailing conditions in the county. A more sophisticated projection model which may
take into account factors such as ethnic diversity, socio-demographic data, headship rates, birth
rates per ethnic group, and immigration patterns was not available using existing resources. A
closer assessment of the growth rate for the City of Paso Robles has revealed that a more
accurate figure for that jurisdiction is 2.44% rather than the 2.4% used in the proposed formula.
Making this change would result in an increase in the allocation to the City. City staff have
indicated their concerns regarding this issue have been satisfied
B-3-3 ,� 5&
3. Use of"households"—not`population"in the allocation formula.
Paso Robles has requested the allocation formula incorporate the use of households, not total
population, in the regional allocation formula. Table C shows the allocation of units based upon •
"households" as a formula factor as proposed by Paso Robles. Table D compares various
formula alternatives.
Continuinq Involvement
Even as each jurisdiction is assigned their share of the total regional need in the RHNP there exists
opportunities to work with other jurisdictions in accommodating the overall goal of providing adequate
locations and the infrastructure necessary to produce such housing. Staff is proposing that jurisdictions
within each of the four Subregional Planning Areas North County, South County, North Coast, and the
Central Area (each area operating as sub-regional real estate market)work cooperatively to ascertain how
to .best accommodate the assigned housing needs within their respective jurisdictions and to jointly
examine strategies for providing the needed infrastructure to accomplish these goals.
Most jurisdictions are still preparing their respective inventories of available sites and it may prove out that
a substantial number of suitable locations and appropriate land uses exist or can accommodate the
anticipated demand with little effort. The toughest issue will be how we will be able to accommodate the
low and very low housing demand.
The PLACHS Program currently being developed in conjunction with Caltrans and Cal Poly offers an
opportunity to work with member jurisdictions in the evaluation of alternative land use and housing
scenarios. Through this process we hope to be able to demonstrate creative and competent alternatives
that will allow the type of zoning and development standards that will allow development that can
accommodate reasonable goals and objectives while still respecting community character and resources.
Toward these ends staff is proposing: •
• SLOCOG staff continue to work with partners in building the necessary components of the
PLACE3S program.
• SLOCOG staff work with member jurisdictions in the various submarket areas to ascertain if
adequate and appropriate opportunities exist to adjust the allocations.
• Evaluate budgetary implications and seek member agency contributions and/or grant funding to
support this program
B-3-4 Z 5 7
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160
ITEM NUMBER: C-3
DATE: 10/08/2002
Isis
��S�DERO/
Atascadero City Council
Staff Report Public Works Department
Amendment to Solid Waste Collection Franchise Agreement
Automated Green Waste and Recyclable Collection
RECOMMENDATION:
Council approve Amendment Number Two to the Solid Waste Collection Franchise Agreement.
DISCUSSION:
The City Council approved a Solid Waste Collection Franchise Agreement with Atascadero
Waste Alternatives (AWA) on April 9, 1996 (See Attachment A). The agreement covers the
a collection and hauling of solid waste and curbside recycling. The City Council approved
Amendment Number One to the Agreement on October 14, 1998 (See Attachment B). This
Amendment consented to the change of ownership of AWA.
The current residential solid waste collection operation for Atascadero is:
• Solid waste: Weekly automated collection in wheeled containers supplied by AWA. Rate
varies based on container size.
• Recycling: Weekly manual collection in 14-gallon plastic bins supplied by AWA.
• Green Waste: Biweekly collection in.containers provided by the customer.
The current Agreement addresses the collection and hauling of solid waste and curbside recycling
but is silent on green waste collection.
The current rates for 4 weeks of service in Atascadero are:
• $11.95 for a 30-gallon solid waste container
• $23.15 for a 60-gallon solid waste container
• $30.75 for a 90-gallon solid waste container
These rates include weekly collection of 14-gallon plastic bins for recycling. The initial rates were
set in the early 1990's and have been increased by the Consumer Price Index annually, per the
original Agreement.
ITEM NUMBER: C-3
DATE: 10/08/2002
AWA presented the City Council with a proposal to improve the collection system for residential
customers by fully automating the collection process on July 9, 2002. Under this proposal AWA
1 the following three automated container types on wheel
would supply g s to each customer:
pP Y YP
• One 90-gallon green container for green waste
• One 90-gallon blue container for recycling
• One container for solid waste. The container for solid waste would vary in size based on the
rate paid.
To pay for this increase in service AWA requested a residential service rate increase. No rate
increase was requested for commercial or dumpster service. The proposed new rate was $3.00/4
weeks for the two new containers and $1.12 A weeks for the disposal of the green waste for a
total of$4.12/4 weeks.
A pilot program was put into place by AWA in May 2001 to test the automated program. Green
waste tonnage increased by 21% and recycling tonnage increased by 39% in the pilot area. Most
communities in the state have gone to automated programs and have documented diversion
increases in green waste and recycling with the program.
Listed below are benefits to the requested program:
• Ease of moving containers to the street.
• Larger capacity for recycling.
• Increased diversion for AB939 mandates.
• Alternative to backyard burning.
• Weekly service for green waste collection.
• Customer does not have to provide containers.
Listed below are drawbacks to the requested program:
• Increase in cost.
• More containers on the street and to store.
Concerns were raised from the Council and public about the new service at the City Council
Meeting of July 9. The concerns were about the service being mandatory, the increased cost and
the storage of 3 containers. There was testimony that some residents did not need the new service
since they recycled or composted. Based on this testimony, the Council directed staff and AWA
to hold a public workshop and report back on a revised proposal that addresses the concerns
raised.
Public Works and Fire Department Staff have been working with AWA and Bill Worrell of the
Integrated Waste Management Board on a revised program. A public workshop was held on
September 26, 2002 at City Hall to gain more public input. This meeting was advertised in the
Atascadero News.
Based on staff meetings and the public input, AWA presented another proposal. The proposal
highlights are as follows:
• Recycle and green waste program to include commercial customers.
ITEM NUMBER: C-3
DATE: 10/08/2002
• Customers able to opt out of the green waste service and rate increase of $1.50 for the
container with a written request to AWA.
• Added cost for service is $2.62/4-weeks ($2.84/month).
• Change billing system from 8.-week cycles to every other month.
Staff supports the revised proposal. The proposed collection service would further help with the
mandated landfill diversion by including commercial customers. The increased cost has been
spread out over a larger customer base so the increase per account is less. The new proposal
addresses the concern about mandatory service and rate increases. If approved the new collection
service is proposed to start January 1, 2003.
Listed below is a comparison of residential solid waste rates of local communities compared to
the requested rates of AWA:
Solid waste Atascadero (1) Paso Robles (recycling not Templeton
container size automated
30-gallon $15.78 $20.18 $21.45
60-gallon $27.92 $26.75 $33.40
90-gallon $36.15 $29.63 $42.35
(1)Rate reflects monthly billing(12 payments annually)revised from 4-week billing(13 payments annually)
. FISCAL IMPACT:
$2.62 increase in current rate to the customer.
ALTERNATIVES:
1. Approve the request.
2. Direct staff to continue negotiations with Atascadero Waste Alternatives.
3. Deny the request.
ATTACHMENTS:
Attachment A- Solid Waste Collection Franchise Agreement
Attachment B- Amendment Number One to the Agreement
Attachment C-Draft Amendment Number Two to the Agreement
•
�d�
CONTRACT Nom. 96011
SOLID WASTE COLLECTION FRANCHISE AGREEMENT •
THIS FRANCHISE AGREEMENT, made and entered into this 1st day
of May, 1996, by and between the CITY OF ATASCADERO, a political
subdivision of the State of California, hereinafter called "City" ,
and ATASCADERO WASTE ALTERNATIVES, INC. , a California Corporation,
the successor in interest to WIL-MAR DISPOSAL COMPANY, INC. , a
California Corporation, hereinafter called "Franchisee" .
Witnesseth
For and in consideration of the. payments to be made by
Franchisee to City, and in further consideration of the full and
faithful performance by Franchisee of all terms, covenants, and
conditions of this agreement, as well as complete. compliance with
the laws of the State of California and all pertinent present and
future ordinances and resolutions of the City;
It is mutually agreed as follows :
1 . Scope of Work. Franchisee shall provide all labor,
materials, tools, and equipment necessary to perform all work
required to collect and haul solid waste and curbside recyclables
from locations within the City in accordance with this Agreement . •
(a) Collection and hauling of non-putrescible demolition
and construction wastes shall be excepted from the scope of work as
described above .
2 . Term. The term of this agreement, originally entered into
for a period of seven (7) years from October 1, 1991, and
thereafter extended for a period of three (3) years, shall continue
for seven (7) years from May 1, 1996 .
3 . Extension of Term: On the first day of May of each year,
commencing May 1, 1997, the term of this Agreement shall be
extended for one (1) year, unless one of the following conditions
shall occur:
a. City shall notify Franchisee at least three (3)
months prior to May 1 of its intent to reexamine the term of the
Agreement, or
b. Franchisee shall notify City at least three (3)
months prior to May 1 of its intent to request reexamination of the
term of the Agreement .
1 •
4 . Termination of Agreement . Notwithstanding any other
• provision of this Agreement to the contrary, this Agreement may be
terminated in any of the following ways :
(a) Pursuant to specific provisions of this Agreement
providing for such termination, and/or
(b) Upon mutual written agreement of the parties hereto;
(c) By operation of law; and/or
(d) As a result of a material breach of this Agreement
by either party.
5 . Franchise Fee. During the term of this Agreement,
Franchisee shall pay to the City a sum equal to five percent (5°s)
of Franchisee' s gross receipts derived from its franchised solid
waste collection operations conducted within the City pursuant to
this Agreement . For the purpose of this Agreement, "gross
receipts" shall mean any and all forms of compensation and funds,
including but not limited to cash, check or credit card, actually
received by Franchisee from any person arising out of the
Franchisee' s franchised operations conducted within the City
pursuant to this Agreement . The Franchise Fee shall be paid to
City by Franchisee monthly on the fifteenth (15th) calendar day of
each month during the term hereof .
Upon notice to Franchisee given three (3 ) •months in
advance, City may change the franchise fee percentage.
6 . Chartres . Franchisee shall be permitted to make such
• charges for its Services as hereinafter provided:
A. Residential and Commercial Chartres .
(i) Rates shall be adjusted annually according to
the CPI commencing May 1, 1996 . Commencing May 1, 1996 , the
current monthly service rate shall be charged for a four (4) week
cycle, and shall be billed every eight (8) weeks .
The CPI adjustment to be applied shall be the annual
change in the United States Department of Labor Consumer Price
Index for Los Angeles-Anaheim-Riverside, All Urban Consumers,
hereinafter and hereinabove referred to as CPI, measured October to
October applied as a percentage of the above referenced rates . In
no event shall the annual adjustment exceed five percent (511) .
Such rate base shall not be changed by any future
tipping fee adjustments .
(ii) Residential rates shall be rounded to the
nearest $ . 05 and shall exclude the curbside recycling portion of
refuse collection rate in applying the above formula; however, said
surcharge shall be added to the rate determined by applying the
formula. Commercial rates shall be rounded to the nearest $1 . 00 or
such other amount as may be mutually agreed upon by the City and
Franchisee .
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(iii) Said adjustment in residential and commercial
refuse collection rates shall be effective on the first billing
cycle following the effective date of the adjustment . Residential •
accounts are billed every eight (8) weeks . Commercial accounts are
billed every four (4) weeks.
(iv) Franchisee shall provide notice as soon as
possible to its residential and commercial customers of rate
adjustments at least one (1) month prior to the effective date of
said adjustment .
(v) The updated rate schedule shall be submitted
to the City as an information item at least one (1) month prior to
implementing the rate change .
B . Tipping Fee Adjustments .
(i) Weight : In the event landfill tipping fees are
determined by weight, then for each $1 . 00/ton change in the
landfill tipping fee, residential and commercial refusecollection
rates shall be adjusted according to the following formula:
annual ton/prior 12 months % of FRANCHISEE' S revenue for
annual revenue/prior 12 months = $1 . 00/ton tipping fee change
approved tipping fee % of change current adjustment to
increase or = multiplier x rate = add or subtract
decrease per ton from rate •
(ii) Volume : In the event landfill tipping fees are
determined by volume, then for each $1 . 00/yard change in the
landfill tipping fee, residential and commercial refuse collection
rates shall be adjusted according to the following formula :
annual yard/prior 12 months % of FRANCHISEE' S revenue for
annual revenue/prior 12 months = $1 . 00/yard tipping fee change
approved tipping fee % of change current adjustment to
increase or multiplier x rate = add or subtract
decrease per yard from rate
(iii) City reserves the right to review the basis
for tipping fee adjustments approved by the Board of Supervisors or
other governing body.
(iv) Franchisee shall provide to City a copy of a
Landfill' s request for a change in the tipping fees no later than
five (5) days following receipt of knowledge by Franchisee of
request to the County of San Luis Obispo or any other governing
body.
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(v) Franchisee shall notify City of action taken
• by the Board of Supervisors or any other governing body regarding
said request within five (5) days following Franchisee' s receipt of
knowledge of said action.
7 . Filing of Statements. Audits . Franchisee shall, on or
before the fifteenth (15th) day of each calendar month occurring
during the term hereof, file with the Director of Finance of the
City a verified Statement of Gross Receipts ( "Statement" ) actually
received by Franchisee during the immediate preceding calendar
month. Each such Statement shall be verified on behalf of the
Franchisee by a person designated for such purpose by the
Franchisee. The City shall have the right to inspect, review, and
audit, at any reasonable time, upon not less than twenty-four (24)
hours written notice to Franchisee, any and all of the Franchisee' s
books or records to determine the accuracy of the contents of any
Statement . The City shall also have the right to order an audit,
conducted by a qualified independent auditor selected by the City,
of the Franchisee' s books and records to determine the accuracy of
the Statements filed with the City. If any City ordered audit
discloses an understated amount of Gross Receipts on any .Statement,
equaling three percent (3%) or more during any reporting period,
the cost of the audit shall be borne exclusively by the Franchisee;
in all other cases such audit costs shall be borne by the City.
8 . Compliance with Applicable Law. Franchisee, in
performance of its duties .pursuant to the provisions of this
• Agreement, shall comply with all applicable laws, including, but
not limited to: the Atascadero Municipal Code, and Regulations
adopted by the City Manager of City Council pursuant to State and
Federal Law. The provisions of the Atascadero Municipal Code, as
the now exist or may hereafter be adopted and/or amended shall be
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deemed to be a part of this Agreement as if set forth herein in
full .
Franchisee shall, at all times during the term or terms of the
Agreement pay all sums required as and . for Business License Taxes
due pursuant to the provisions of the code.
9 . Services . Franchisee agrees that during the term of this
Agreement Franchisee will provide the services, as described in the
Code, the Regulations, and this Agreement, including the collection
and disposal of all solid waste and curbside recyclables generated
within the City by its customers, excepting only those functions
set forth at 1 (a) above, in the time and manner set forth in this
Agreement, the Code, and the Regulations .
10 . Administration of Contract .
(a) Responsible City Officer. The City Manager of City
is hereby designated as the City Officer responsible for the
administration of this Agreement . The Franchisee shall obey all
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lawful orders, directions, and instructions issued by the City
Manager with reference to the provisions of this Agreement .
(b) Responsible Franchisee Employee. The Franchisee
shall, in writing, contemporaneously with the execution of this
Agreement, designate a qualified person who shall be the
responsible officer or employee of Franchisee for the purpose of
administration of this Agreement. Such person shall be authorized .
by Franchisee to act on behalf of Franchisee, including, but not
limited to, accepting all notices given by the City with reference
to this Agreement .
(c) Interpretations . Orders . If at any time during the
term of this Agreement the City Manager issues to Franchisee any
written interpretation of this Agreement or any order, instruction,
or direction relating to the Franchisee' s services provided
pursuant to this Agreement (collectively "Order" ) , which Franchisee
believes is improper or not within the scope of its duties imposed
pursuant to this Agreement, Franchisee may, within ten (10)
consecutive working days following service upon Franchisee of the
City Manager' s Order, have the right of appeal to the City Council
with reference to the issuance of such order. The City Clerk upon
receipt of such a request for review by the Franchisee shall place
the matter on the next most convenient agenda of the City Council
for consideration. The Franchisee shall be given not less than ten
(10) consecutive working days notice by the City Clerk of the time
and place of the hearing upon itsrequestfor review of the City
Manager' s Order. The City Council at. the time of such hearing •
shall permit the Franchisee and any other interested person, a
reasonable opportunity to be heard on the question of the
appropriateness of the City Manager' s Order. Thereafter, based
upon its review, the City Council shall affirm, modify, or
disaffirm the City Manager' s Order. The City Council' s decision
shall be final and conclusive.
11 . Recycling Plans. The Franchisee, in the performance of
its obligation pursuant to this Agreement, shall comply with any
and all provisions of any recycling plan or plans or programs
(collectively "Plan" ) adopted by the City during the term or terms
of this Agreement .
12 . Assignment . The Franchisee shall not assign any of its
obligations imposed pursuant to the provisions of this Agreement
without the prior written consent of the City Council of City
expressed by resolution. The consent of the City Council shall not
be unreasonably withheld, provided that in determining whether or
not to consent to such assignment, the City Council may consider
all relevant factors relating thereto, including, but not limited
to, the qualifications, experience, and financial responsibility of
the prospective assignee. Assignment of an obligation to a
corporate entity in which the Franchisee holds a majority control
shall not be considered an assignment requiring written consent of
5 •
the City Council . Transfer of twenty-five percent (250) or more of
• shares of corporate Franchisee shall be considered an assignment
requiring prior consent of the City Council .
13 . Direction to Landfill. After due consideration of all
relevant factors, the City Council may request Franchisee to
utilize a specific legally permitted landfill .
In the event the City Council makes such a request, expressed
by resolution, Franchisee shall give great weight to the City
Council' s request .
Franchisee shall indemnify and hold City harmless as a result
of such request if City is found to be an arranger pursuant to
State or Federal law.
14 . Extraordinary Review. In the event extraordinary
circumstances arise which would cause economic hardship to
Franchisee, a special request can be made for a rate review. In
such case, Franchisee shall present information substantiating the
need for extraordinary relief .
In the event that rates are approved based upon extraordinary
need, Franchisee may be required periodically to submit evidence
that the reason for extraordinary relief provided continues to
exist .
• 15 . Exclusivity. This Agreement is intended by the parties,
to the extent permitted by law, to designate the Franchisee as the
exclusive Franchisee for the purpose of providing, on an exclusive
basis, the services provided herein to the owners and/or occupants
of all real property located within the City.
16 . Temporary Default by Franchisee . Costs . Liquidated
Damages . Termination.
(a) Temporary Default . If Franchisee, for any reason,
ceases to perform the services in accordance with the provisions of
this Agreement and the Code, the City Manager may take the steps
necessary to temporarily provide the services by City or other
entities engaged by the City Manager. The City shall be entitled
to provide such services and thereafter charge the Franchisee for
the costs of such services, including, but not limited to,
administrative overhead, determined in accordance with City' s
standard accounting practices .
(b) Liquidated Damages . In the event Franchisee ceases
to provide the services, the Franchisee shall pay to City a sum, as
and for liquidated damages, in an amount equal to the Franchisee' s
average daily gross receipts for each calendar day during which
City is required to perform such services pursuant to this Section
16 . The parties agree and acknowledge that in the event of such
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default by Franchisee, the actual damages to the City, as a result
of such default, in addition to the out-of-pocket cost to City of
providing the services, would be difficult, if not impossible, to •
ascertain, and therefore the parties have negotiated this
liquidated damage provision and have agreed that a sum equal to the
Franchisee' s average daily gross receipts per calendar day for each
day during which such default occurs, represents a reasonable sum
to be paid by .Franchisee to City as and for liquidated damages for
each day of such temporary default for a period. not in. excess of
thirty (30) consecutive calendar days . The parties have agreed
upon the foregoing as a liquidated damage provision, and not as a
penalty. "Average daily gross receipts" shall be determined for
the purpose of this section based upon the total amount of
Franchisee' s Gross Receipts for the three (3) calendar months
immediately preceding the calendar month during which Franchisee
ceases to provide the services, divided by the number of calendar
days included in such three-month period.
(c) Termination. If such a period of temporary default
continues for more than thirty . (30) consecutive calendar days, City
shall have the right to terminate this Agreement forthwith, and in
addition to damages and costs it is entitled to, pursuant to
subsections (a) and (b) of this Section 16, City shall be entitled
to its actual damages resulting from such breach by Franchisee
occurring after termination by City including, but not limited to,
all costs incurred by City in obtaining a new Franchisee; all costs
incurred in providing the services after the effective date of the
termination until a new exclusive Franchise Agreement has been •
executed and is in full force and effect; all increased costs of
services during the remaining term of this Agreement as of the date
of its termination; and all City administrative overhead costs
incurred as a result of such termination, including, but not
limited to, fees for City' s attorney' s services . Upon receipt of
invoice for such Costs, the Franchisee shall pay the same within a
period of ten (10) days .
17 . City Facilities . Franchisee, at its sole expense, shall
collect solid waste from the City facilities enumerated and
described on Exhibit A, attached hereto and incorporated herein by
this reference, excepting therefrom the collection of non-
putrescible demolition and construction waste .
18 . City-Wide Special Events . Franchisee, at its sole
expense, shall provide such equipment and services as deemed
necessary by the City Manager for one (1) City-Wide City sponsored
Solid Waste Collection special event per year. Such equipment and
services shall consist of, but not be limited to, recycling bins,
roll-offs, extra receptacles, and bins as determined by* the City
Manager to be necessary.. The locations and the specific day upon
which the special event shall take place shall be established by
the City Manager.
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19 . Franchisee Employees . Conduct .
(a) Franchisee shall require all employees to wear
• clean, neat, presentable uniforms .
(b) The Franchisee shall perform the services in a
manner which will cause the least possible interference with or
annoyance to the public . All Franchisee' s employees shall be
instructed to be courteous and responsive to the public .
20 . Local Offices and Telephone Service . Franchisee shall,
at all times during the term hereof, maintain a local office .
Franchisee shall maintain the office open and available at all
times, Mondays through Fridays, holidays excluded, between the
hours of 9 :30 a.m. to 4 :30 p.m.
21 . Conduct of Services . The Franchisee shall conduct its
operations hereunder in such a manner so as to cause as little
inconvenience as is possible to the public, and to that end, the
following rules shall be .observed:
(a) All services shall be conducted between 6 :30 a.m.
and 7 : 00 p.m. in residential areas and 6 : 00 a.m. and 9 : 00 p.m. in
commercial areas .
(b) After a solid waste receptacle has been emptied into
a solid waste truck, it shall be replaced in an upright position at
the place where presented for collection, as prescribed by the Code
• and this Agreement; and
(c) Solid waste receptacles shall not be thrown from a
truck to the ground, but placed on the ground in a manner that will
prevent damage to the receptacles . The Franchisee shall take all
steps necessary to ensure that the receptacles are treated by its
employees and agents in a reasonable manner so as to prevent damage
and destruction thereto; and
(d) Franchisee shall cause all spills of solid waste
occurring during the collection process to be cleaned up,
forthwith, by its employees.
22 . Complaint Procedure . Franchisee shall be obligated to
take all steps reasonably necessary and required to satisfy
customer service complaints . Franchisee shall maintain a complaint
log, in a form approved by the City Manager. Where a particular
complaint cannot be amicably resolved, the matter may be referred
by the Franchisee or by this customer to the City Manager. The
City Manager, or his designee, shall take such steps as may be
necessary to conduct an adequate investigation of the circumstances
surrounding such complaint, and based thereon, resolve the dispute.
The City Manager' s decision with reference thereto shall be binding
upon the parties to the dispute and shall be final and conclusive .
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171
23 . Status of Franchisee. Franchisee, for all purposes,
shall be deemed to be an independent contractor and shall conduct
its operations pursuant to the provisions of this Agreement in that •
said capacity.
. 24 . Insurance Coverage. With respect to performance of work
under this Agreement, Franchisee shall maintain, at all times
during the term hereof, insurance as described below:
(a) Workers' Compensation insurance with statutory
limits, and employer' s liability insurance with limits as approved
by City per accident; and
(b) Comprehensive general liability . insurance with a
combined single limit not less than an amount approved by the City
Manager, per occurrence. Such insurance shall include
products/completed operations liability, broad form property damage
coverage, and explosion and collapse and underground hazard
coverage . Such insurance shall :
(i) name as insureds City, its appointed and
elected officials, officers, employees and agents;
(ii) be primary with respect to any insurance or
self-insurance programs -maintained by the City;
(iii) contain standard cross liability provisions;
and
(c) Comprehensive vehicle liability insurance with a
combined single limit not less than an amount approved by the City
Manager, per occurrence. Such insurance shall include coverage for
owned, hired, and non-owned vehicles . .
The City Manager shall have the right of approval of insurance
carriers issuing policies pursuant to this Agreement . Franchisee
shall file with the City Clerk properly executed certificates of
insurance in a form approved by the City Attorney of City,
contemporaneously with execution of this Agreement . Certificates
shall clearly evidence the existence of all coverage required above
and shall provide that the coverage shall not be terminated or
materially altered except after at least thirty (3 0) days prior
written notice to City. Franchise shall replace such certificates
for policies expiring prior to the termination or expiration of
this Agreement .
If Franchisee, for any reason, fails to maintain` insurance
coverage required pursuant to this Agreement, the same shall deemed
a material breach of contract . City, at its sole option, may
forthwith terminate this Agreement and obtain all damages from the
Franchisee resulting from said breach. Alternatively, City may
purchase such required insurance coverage on behalf of Franchisee
and, upon notice, Franchisee shall forthwith reimburse City for all
costs 'for obtaining such coverage, including all premium costs
advanced by City for such insurance coverage.
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25 . Performance Bond. Franchisee, at its sole expense, shall
furnish to City, at all times during the term of this Agreement, a
. Performance Bond to assure the faithful performance of Franchisee' s
obligations under this Agreement. Such bond shall be executed by
a surety company licensed to do business in the State of California
and approved by the City. Such bond shall be issued in a form
approved by the City and shall be in the penal sum of Fifty
Thousand Dollars ($50; 000 . 00) .
26 . Indemnity. Notwithstanding the existence of insurance
coverage required of Franchisee pursuant to this Agreement,
Franchisee shall save, keep, indemnify, hold harmless, and defend
City and its respective appointed and elected officials, officers,
employees, and agents ( "Indemnified Parties" ) , from any and all
claims, demands or judgment, in favor of any person, for injury to,
or the death of, any person, and/or damage to real or personal
property, including all costs and expenses incurred in the defense
thereof, occurring or arising out of the performance by Franchisee,
its officers,, agents, employees, including but not limited to, its
City approved assignees or subcontractors (hereinafter collectively
"Franchisee" ) , of the services required of Franchisee pursuant to
this Agreement, occasioned by any act or omission to act where a
duty to act exists, by the Franchisee, including, but not limited
to, any such liability imposed by reason of any infringement or
alleged infringement or rights of any person in consequence of the
use in the performance by Franchisee or the work hereunder, or any
article, material, or supplies used or installed pursuant to this
Agreement ; and any such liability arising under or pursuant to any
federal, state or local law.
27 . Replacement Vehicles. The City Manager may instruct the
Franchisee to cease using, and Franchisee shall not use, any motor
vehicle in the performance of services hereunder which the City
Manager reasonably believes is unsafe or which does not comply with
the provisions of this Agreement or any applicable law.
28 . Vehicle Inventory. Franchisee shall annually furnish the
City Manager with an inventory of vehicles used by the Franchisee
in the performance of services hereunder, and shall update the
inventory as changes in equipment are made . Such inventory shall
include the type and capacity of each vehicle, the number of
vehicles and in the case of vehicles acquired by Franchisee after
the commencement of this Agreement, the date of acquisition.
29 . Status of Solid Waste and Curbside Recyclables . All
solid waste and curbside recyclables collected pursuant to this
Agreement shall be deemed to be the property of the Franchisee as
of the time the same is placed for collection by the owner and/or
occupant of the Lot upon which the same was generated, unless
otherwise determined by the City Council, at its sole discretion.
30 . Attorney' s Fees . Should litigation, including
• 10
arbitration, be reasonably required to enforce any of the
provisions of this Agreement, the prevailing party in such
litigation shall be entitled to receive an award of attorney' s fees •
in such amount as may be set in the discretion of the court .
31 . Notices . Notice given pursuant to this Agreement shall
be 'in writing, and shall be given by personal service upon the
party to be ratified, or by United States Postal Service or its
lawful successor, postage prepaid, addressed as follows :
To City: City Manager
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
To Franchisee : Atascadero Waste Alternatives, Inc .
5835 Traffic Way
Atascadero, CA 93422
Notice shall be deemed to have been given hereunder as of
the date of personal service, or two (2) consecutive calendar days
following .the date of deposit of the same in the custody of the
United States Postal Seryice.
32 . Debt to City. Interest . Collection. Any sum due to
City from Franchisee pursuant to the provisions of this Agreement
shall .be due and payable as is provided in this Agreement or as
established by the City Manager. All sums due to City from •
Franchisee shall bear interest at twelve percent (12%) as of the
due date of the indebtedness . Notwithstanding the foregoing, no.
interest rate shall exceed the maximum permitted by law.
33 . Annexation of Territory. In the event territory is
annexed to the City, and if immediately prior to such annexation,
solid waste collection services were provided by a solid waste
collector, other than Franchisee, authorized ' toperform such
services by the local agency having jurisdiction over such
territory prior to annexation, then such authorized solid waste
collector may continue to provide solid waste collection service in
the territory for up to three (3) years from the date of
annexation. Under such circumstances, the annexed territory shall
not be deemed a portion of the City for the purpose of this
Agreement until the expiration of the three (3) years . ' If the
solid waste collector authorized to perform collection services
prior to annexation is the Franchisee, then such territory shall be
deemed a part of the City for the purpose of this Agreement .
34 . Law to Govern. It is understood and agreed by the
parties hereto, that the laws of the State of California shall
govern the rights, obligations, duties and liabilities of the
parties to this Agreement .
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35 . Binding Effect on Agreement . This Agreement shall be
binding upon the parties hereto and upon all of their lawful
• successors in interest .
36 . Location of New Facility. Franchisee shall seek advice
and consent of the City Manager prior to consummation of a purchase
or lease of real property to be - used for a recycling facility or
.other solid waste facility.
37 . Entirety. The parties agree that this Agreement
represents the full and entire Agreement between the parties hereto
with respect to matters covered herein.
38 . Novation. As of the effective date of this Agreement,
all prior Agreements for collection of solid waste existing between
the parties hereto shall be deemed terminated and of no further
force or effect . This novation clause shall not have effect of
terminating or affecting any claim either party hereto may have
against the other, or against any third person, pursuant to any
such prior Agreement .
r
39 . Survivability. Notwithstanding the termination of this
Agreement pursuant to the provisions hereof, and/or the provisions
of applicable law, the right of the parties hereto to - prosecute
legal claims against each other and against third parties shall
survive such termination and shall not be affected by such
termination.
• 40 . Effective Date . The Effective Date of this Agreement
shall be April 9 , 1996
The parties hereto have caused this Agreement to be executed
by their respective authorized representatives .
CITY OF ATASCADERO ATASCADERO WASTE ALTERNATIVES,
INC.
7/7/
GEORGE Pr. HIGHLAt46 Mayor THOMAS R. WALTERS, P es dent
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175
APPROVED AS TO CONTENT:
ATTEST:
ANDREW J. TA City Manager
LEE PRICE C:i ry Clerk
APPROVED AS TO FORM:
AR ER R. M ` TAN N, City Attorney
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176
AMENDMENT NUMBER ONE TO THE
SOLID WASTE COLLECTION FRANCHISE
• AGREEMENT
Whereas a Solid Waste Franchise Agreement was made and entered into on the 1 st day of
May, 1996,by and between the City of Atascadero, a political subdivision of the State of
California, hereinafter called"City", and Atascadero Waste Alternatives, Inc., a California
Corporation, hereinafter called"Franchisee", and approved by a Resolution of the City Council;
and
Whereas Franchisee made an application to the City Council for consent to a change in
ownership to USA Waste of California, a Delaware Corporation whose Parent Company is
Waste Management Inc., hereinafter called"USA/WMI",pursuant to the Assignment provision,
section 12, of the Agreement, which application was heard and considered after due notice on
September 22, 1998 by the City Council Members; and
Whereas the Council directed staff to prepare an amendment to the Franchise Agreement
in consideration of approval of the requested change in ownership to USA/WMI;
Upon the effective date of the Council's approval of the Assignment request of
Franchisee, it is mutually agreed that section 13 entitled"Direction to Landfill" is modified as
follows:
" 13. Disposal and Processing Requirements.
A) Franchisee shall dispose of all solid waste and recyclables collected under
• this Agreement at Franchisee's own expense and in accordance with all Federal, State and local
laws, rules, and regulations. Franchise shall be solely responsible for securing an appropriate
location for disposal of all solid waste and processing of all recyclables collected by Franchisee
pursuant to this Agreement.
B) Franchisee shall secure within 90 days of the effective date of this
Agreement, sufficient disposal site capacity commitment including landfill disposal site capacity
to adequately serve the reasonably anticipated solid waste disposal needs of Franchisee's
customers. City reserves the right to review said disposal capacity commitments.
C) If Franchisee receives notice from the landfill operator or recyclables
processor or otherwise finds, during the term of the Agreement,to be prevented from delivering
solid waste or recyclables to the designated site, Franchisee shall immediately notify, in writing,
the City Manager, stating the reason(s) Franchisee is prevented, or expects to be prevented, from
delivering solid waste or recyclables at the designated facility. Franchisee shall expeditiously
identify and evaluate alternative sites. An alternative designated site or sites shall be arranged for
and secured by Franchisee.
D) The parties understand and agree that City intends to commence and
participate in waste diversion and resource recovery programs pursuant to regional and/or local
implementation of the California Integrated Waste Management Act of 1989, or such other
programs as may be established by County.
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E) Franchisee shall deliver all solid waste to any landfill which collects the
San Luis Obispo County AB 939 Tipping Fee Surcharge and Waste Management Program Fund •
Fee, pursuant to Board of Supervisors Resolution No. 90-383. If the Franchisee delivers solid
waste to a landfill which does not collect the County Fee Surcharge and Wast Management
Program Fund Fee, the Franchisee will make, on a monthly basis,the equivalent payment directly
to the City's then designated Waste Management Tipping Fee -AB 939 Trust Fund and Waste
Management Tipping Fee Trust- Site Fund.
F) Payment of the equivalent fees shall be made to City within thirty (30)
days after the end of each calendar month, or prorated portion thereof, in which the Franchisee
delivers waste to an alternate facility. In the event that Payment is not received by City within
thirty(30) days after the date specified, then Franchisee shall pay a penalty of ten(10)percent on
the outstanding balance, and Franchisee shall also pay to City interest on the outstanding balance
at a rate f ten percent °/
0 10 o per annum or the maximum le
P ( ) p gal rate of interest, whichever is
greater, from the date of Franchisee's failure to pay.
G) As of September 1, 1998, the Tipping Fee Surcharge for the County Fund
# 0159 is $3.00 per ton and the Waste Management Program Fund Fee for County Tund# 0160
is $0.40 per ton. Payments made by the Franchisee shall be sent to the City Manager along with
an itemized statement regarding how the payment was calculated. Payments shall be adjusted to
reflect any future changes in the amount of these fees. '
H) Franchisee hereby agrees to dispose of all or a portion of the solid waste or
recyclables collected pursuant to this Agreement in such manner as may be reasonably designated •
by City.
I) In the event the Franchisee's costs decrease or increase as a result of City
designating a different manner of, or location for, processing or disposal of solid waste or
recyclables than anticipated in this Agreement, either Franchisee or City may request an
adjustment in collection rates which adjustment shall be effective at the time the designated
manner of disposal begins. City will not unreasonably deny any such adjustment. In the event
Franchisee receives any additional compensation for the value, if any, of the solid waste or
recyclables disposed of in such a manner, such compensation shall be considered in connection
with future rate adjustments.
Page -2
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The effective date of this agreement shall be October 1`f , 1998. The parties hereto have
• caused this Amendment Agreement to be executed by their respective authorized representatives.
CITY OF ATASCADERO
by —"
I-I old L.Carden III, Nfayor
ATASCADERO WASTE ALTERNATIVES, INC
by
Thomas R. Walters, President
USA WASTE OF CALIFORNIA, INC '
by
Jeff n , r, usiness Development
Page - 3
• Wilmar:Agreement-Draft.2
17
Road and Bridge Maintenance Options
• Homeowner Association •
Under this program the facilities would be owned and maintained by a Homeowner
Association. The Association would collect monthly dues for the repair, maintenance and
replacement of the facilities.
Benefit
Good maintenance of roads and bridges
Problem
Hard to get insurance for Homeowner Association
Developers do not like Homeowner Associations
• Assessment District
Under this program the developer would obtain approval of an Assessment District to pay
for the cost to repair, maintenance and replacement of the facilities. The funds would be
collected from the future property owner's property tax bills. The City would be
responsible for the repair, maintenance and replacement of the facilities. •
Benefit
Good maintenance of roads and bridges
Problem
Staff time to administer the Assessment District
• Maintenance Agreement
The developer records an agreement on the future lots. This agreement required the future
owner to repair, maintenance and replacement of the facilities. There is no mechanism in
the agreement to organize and fund the repair, maintenance and replacement of the
facilities.
•
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AMENDMENT NUMBER TWO TO THE
SOLID WASTE COLLECTION FRANCHISE •
AGREEMENT
This Amendment Number Two to the Solid Waste Collection Franchise Agreement
(this "Amendment") is made and entered into this 8th day of October, 2002, by and between the
City of Atascadero, a political subdivision of the State of California, hereinafter called "City,"
and USA Waste of California, Inc., a Delaware Corporation whose ultimate parent company is
Waste Management, Inc., hereinafter called "Franchisee."
WHEREAS a Solid Waste Franchise Agreement (the Agreement) was made an entered
into on the 1" day of May, 1996, by and between the City and Atascadero Waste Alternatives,
Inc., and approved by a Resolution of the City Council; and
WHEREAS Amendment Number One to the Solid waste Collection Franchise
Agreement was made and entered into on the 14a` day of October, 1998, transferring the
franchise from Atascadero Waste Alternatives, Inc. to USA waste of California, Inc., and
amending Section 13 of the Agreement to add certain disposal and processing requirements; and
WHEREAS the parties desire to further amend the Agreement by adding certain
recycling and yard waste collection services to the scope of the franchise.
NOW, THEREFORE, for and in consideration of the mutual obligations set forth herein,
the adequacy of which is hereby acknowledge, the parties hereby agree to amend the Agreement
as follows:
A new Section 41 shall be added to the Agreement to read as follows:
41. Green Waste and Recyclables Collection. .
A. Franchisee shall collect green waste on a weekly basis from residential and
commercial accounts in the City who properly set out green waste for collection.
Franchisee shall use automated collection methods to collect green waste.
B. The Franchisee shall collect the following material as green waste: plant material
(leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris
commonly thrown away in the course of maintaining yards and gardens; and
biodegradable waste as approved by the parties. Christmas trees can be included in the
container as long as it is free of ornaments and any metal stands. Flocking material is
acceptable. The Franchisee shall not collect as green waste loose soils, garbage, food
waste; plastics or synthetic fibers; lumber; any wood or tree limbs over four (4) inches in
diameter or four(4) feet in length; human or animal excrement; or soil contaminated with
hazardous substances. The Franchisee and the City may by mutual agreement establish
other reasonable specifications regulating the size, quality, configuration and placement
of green waste eligible for collection. •
C. The Franchisee shall collect from subscribers green waste that has been placed in
a can not exceeding 96 gallons in capacity. All green waste must fit within the can to be
collected. Franchisee may charge an additional fee for green waste collected in excess of
• the 96-gallon can. The Franchisee shall not collect green waste that has been placed in
plastic or paper bags. The Franchisee shall not collect as green waste un-segregated
garbage, or green waste that is contaminated by fecal matter, hazardous substances or
other ineligible material.
D. Franchisee shall collect recyclables on a weekly basis from residential and
commercial accounts in the City who properly set out recyclables for collection.
Franchisee shall provide residents with automated, 96-gallon carts for recyclables and
shall use automated collection methods to collect recyclables. Franchisee shall only
collect recyclables placed within the 96-gallon cart, plus bundles of oversized cardboard
placed adjacent to the cart that do not exceed four feet by two feet by two feet in size.
E. The Franchisee shall collect the following materials as recyclables: mixed waste
paper (junk mail), corrugated cardboard, newspaper, tin and aluminum cans, glass bottles
and jars, plastic bottles, jars and tubs. Shredded or small paper should be bagged.
Recyclables may be commingled within the 96-gallon cart.
F. To compensate Franchisee for performing the services set forth in this Section 41,
Franchisee shall be permitted to charge an additional $2.84 per month. Additional
containers are available for rent at $5.00/month. This rate shall be subject to all fee
adjustment mechanisms set forth in the Agreement, including but not limited to CPI
adjustments.
• G. The Franchisee shall allow customers toot out of the new w service and the
container fee of$1.63 for the new service by submitting a written request to Franchisee.
All other provisions of the Agreement shall remain in full force and effect.
The parties hereto have caused this Amendment Number Two to the Solid Waste
Collection Franchise Agreement to be executed by their respective authorized representatives, as
of the date set forth above.
CITY OF ATASCADERO
By
Wade G. McKinney, City Manager
USA WASTE OF CALIFORNIA, INC.
By
Mark Arsenault, Vice President
•
ITEM NUMBER: C-4
DATE: 10/08/2002
iYas �, 19a....
• �EBo/
Atascadero City Council
City Manager's Office
Information Bulletin
A. Chamber's Activities and Programs - May through August 2002
Attached please find a City Report from the Chamber of Commerce explaining their activities
from May- August 2002.
•
164
RECEIVED
SEP 0 6 2002
tascadero CITY F
Aharriberof
Commerce CITY C LERK'SCADERO OFFICE
6550 EI Camino Real•Atascadero,CA 93422•(805) 466-2044•Fox(805)466-9218 0 www.atascaderocham
August 30, 2002
City Report for Chamber's Activities and Programs
May through August, 2002
Programs and Events
The Welcome signs to Atascadero are in the site drawing stage and should be presented
to the City for approval very soon. Castlerock development has created all the necessary
drawings and we hope we can see the signs installed very soon.
The Chamber's co-op advertising program, Discover Atascadero is continuing with
Charter Media and KXDZ FM 10 1.5 radio. More and more businesses are signing on to
this promotion and enjoying the reduced fees the Chamber negotiated with these media
companies. A new spot has been produced for Charter as well as KXDZ and should be
airing now.
Our Media and Marketing committee was busy helping promote the Mid Year.Economic
Forecast cosponsored by the City. Committee members split up a list of major businesses
in the area to call and inform them of this important forum and to personally invite them.
Their efforts paid off with around 75 business people in attendance. Bill Watkins had
some great information to share on our economy in relation to other areas of the county.
Bill said he would gather any other types of specific information for a report next year.
The UCSB Economic Forecast project created materials the Chamber used to produce a
great book with many charts and graphs of useful information. Any business owner could
then take this study to assist in their business decisions.
The Media group also researched different workshops that would be useful to educate our
local businesses. The Chamber asked Detective Eric Vitale to speak to our group on
Business Fraud. The workshop is scheduled October 8a'at the Pavilion for a lunch
program.
Casino Night was successful in raising funds for the Chamber's educational programs. In
May we awarded $3,000 in scholarships to graduating seniors who are furthering their
education in business. This dovetails nicely with our educator grants program we initiated
this year. Plans are underway for next years grant program.
Tuesday Evening in the Park BBQ, art and music was a success for nine local non-profit
groups. The Chamber sponsored event helped raise over $20,000 for these groups. The
Elks were faithfully at the park every Tuesday evening preparing the food and Chamber
staff oversaw each groups ticket sales and promotion. You could find board members and
staff at all the evening events. The final Tuesday also was the venue for the first annual .
• "Why I Love Atascadero" contest. Rich Peterson of Picture Magic along with the
Chamber sponsored the imagery contest offering cash prizes to those whose art depicted
their love of Atascadero. Three lucky winners were announced and a special video
program was shown to the large crowd of listeners. It was the perfect ending for a great
community wide event that brings our people together.
The Legislative Committee worked on reviewing the EIR for the General Plan and made
recommendations to the Board and Council. We also studied the sign ordinance changes
to freeway signage for buildings under 10,000 feet and made recommendations as to the
height of letters and to the kind of signage allowed.
The Retail Committee successfully hosted the Summer Sell A Bration City Wide Sale. 32
businesses participated in the event which was advertised in the Atascadero News, and
Charter Media. Over 6,000 entries were tallied to have a chance to win one of the two
trips, Hawaii and Monterey. Sponsors of the Event were the Atascadero News, Charter
Media, Johansen's Travel and the Chamber of Commerce. Plans are underway for the
Holiday Magic Christmas promotion. The group is also researching the cost to create new
City Wide Sale Banners.
September is Showcase Mixer month for the Atascadero Chamber of Commerce and we
are true to form gearing up for the best ever event. In keeping with our thoughts for our
country our theme this year is Discover America, Passport to Success. Over 70
businesses are going to pull out all the stops to present to the public their goods and
• services at the Pavilion on the Lake, Wednesday, September 18, 5 to BPM. Plenty of
great food will be available to please every palate due to the generosity of our fine
member restaurants, Albertson's Bakery, A& W Restaurant, Carlene's Cafe, Genie's
Steakhouse, Golden China, Hofbrau, Round Table Pizza, Village Cafe and Vintage
Catering and Cafe. Back by popular demand, our special Passport will be given to every
attendee to have stamped by every participant business, to be eligible for our grand cash
prize of$500. The evening will surely be lively and is the Chamber event of the year no
one should miss. To insure all our guests can park we have made arrangements with
Enterprise Rent-A-Car to provide a shuttle from the Christian Church of Atascadero
located conveniently by the Pavilion at 9685 Morro Rd. The committee has been very
busy for three months planning this event.
The Chamber published two major projects over the summer. The City map has been
updated with all the new roads and changes for local information. The Visitor Guide and
Membership directory went through an update mainly regarding the membership
directory. We were able to change a few other pages at this printing, but only if they were
in the 32 page two-color signature in the book. To maximize our costs we printed all the
four-color pages last year and the printer stored them until our update this year. We had
an overwhelming response for advertisement, which is encouraging to think our local
businesses are doing the right things to promote themselves.
Joanne was very involved in the Atascadero Wine Festival promotion. Tickets were sold
to events,the Friday evening dinner and auction and the Saturday tasting in the park. The •
Chambers golf tournament on Friday before the festival was successful and we only hope
it grows to encourage outside people to come and stay in our town for a 3-day event.
The following is a list of items we have handled in the last 4 months of 2002.
Monthly Newsletters were published and sent to our now 500 members.
As of this time our Ambassadors have personally visited 151 existing business members.
The Adopt a New Member program is going well by insuring members stay informed.
All 24 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.
Numerous ribbon cuttings for business were arranged welcoming them to our business
community.
The Chamber sold numerous tickets for local organization fund raising, concerts, and
theatre groups. The Atascadero Wine Festival, Colony Home Tour, Project Theatre
Foundation,AHS Dance, SLO County Arts Council,Hot Line Books, Quilt Festival and •
the Celebration of the Dance kept us busy providing this community service.
The Chamber has been involved in the following local programs
Partners in Public Health, Colony Days, EVC and the Atascadero Wine Festival.
Joanne remained on the Board of Directors for a second term for the EVC as a
representative of the SLOCHEX, SLO County Chamber Executives, organization and the
Zoological Society Board. Joanne also is remaining for a second term as Vocation Chair
for Rotary 2002-2003. The main project as chair was a Leadership and Ethics Conference
that was held with Atascadero High School Juniors and Seniors in March 2002. This half-
day program highlighted the qualities for a good leader and posed some ethical questions
that sparked thought. The program was lively and thought to be very successful.Plans
will be underway for a second event next year.
187
•
2002 Visitor Information Services provided,May through August
The last four months proved to be very busy in all areas for the Chamber.
The Chamber also placed an Ad and editorial In the Tourist Publication that is on board
the Trains. Featured were the Zoo and the upcoming Atascadero Wine Festival.
2002
Phone calls logged 3350
Visitors 2004
Relocation Packets Mailed 86
Email response 124
We received over 18,000 Website visits. These figures are truly encouraging and seem to
be growing every quarter. With our new expanded Website we will continue to see these
numbers increase. We are not sending as much information by mail as many people are
willing to be directed to the website for the most complete and up-to-date information.
2002
General Info 2993
Members Info 9232
Events 1130
Tourism 6076
Recreation 2940
Surrounding Area Info 831
Business Referrals 270
24 new businesses were welcomed into the Chamber since May of this year. Our total
membership now is 510.
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.
Greg Schlitz Open a drug testing lab
221 North Thompson
Nipomo, CA 93444
c
Steve, looking to open a restaurant
Tulare Dairy looking to move and open a facility to make cheese. •
Promo's and PSA run on Charter Media Channels
Discover Atascadero Campaign $20,600
Summer Sell A Bration $1,500
Atascadero Wine Festival $7,500
Tuesday Evening in the Park $11,625
Total Charter Promotinal Spots $41,225
Paid ads with Charter for Summer Sell A Bration Sale $500
KXDZ 100.5 Discover Atascadero Campaign $1,600
120 promotional spots each month
They really have played more than this.
•