HomeMy WebLinkAboutAgenda Packet 12/10/2002 1
r9& 1 CITY OF A TASCADERO
CITY COUNCIL
AGENDA
TUESDAY, December 10,2002
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4th Floor
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
•
CLOSED SESSION:
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a) Conference with legal counsel Existing litigation (Govt. Code
Sec. 54956.9 (a))
Environmental Center of SLO V. City of Atascadero
b) Conference with legal counsel - Pending litigation (Govt. Code
Sec, 54956.9)
Status Report of pending claims
3. Adjourn
4. CLOSED SESSION REPORT
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Luna
ROLL CALL: Mayor Pro Tem Scalise .
Council Member Clay
Council Member Luna
Council Member O'Malley
Council Member Pacas
INTRODUCTIONS:
APPROVAL OF AGENDA: Roll Call
CITY COUNCIL REORGANIZATION:
1. Council Appointment of Mayor — The City Clerk will accept nominations from
the Council Members
2. Council Appointment of Mayor Pro Tem — The new Mayor will accept
nominations from the Council Members
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 —November 12, 2002
• City Clerk recommendation: City Council approve the City Council minutes of
November 12,2002. [City Clerk]
2. City Council Minutes —November 26, 2002, 7:00 P.M. Meeting i
■ City Clerk recommendation: City Council approve the City Council minutes of the
7:00 P.M. meeting of November 26,2002. [City Clerk]
2
• 3. City Council Minutes —November 26, 2002, 7:30 P.M. Meeting
■ City Clerk recommendation: City Council approve the City Council minutes of the
7:30 P.M. meeting of November 26, 2002. [City Clerk]
4. City Council 2003 Meeting Schedule
■ Fiscal impact: None
■ Staff recommendation: Council approve City Council meeting schedule for 2003.
[City Manager]
5. Award of Contract for Engineering Consultant Services — Paloma
Creek/Atascadero State Hospital Gravity Sewer Main Route Survey
and Easement Document Preparation
• Fiscal impact: $28,710.00 (in FY 2001-03 budget).
■ Staff recommendation: City Council authorize the City Manager to execute an
agreement with RRM Design Group to perform a route survey and prepare easement
documents for a gravity sewer main to the Paloma Creek basin. [Public Works]
6. Proposition 50 Project Funding
■ Fiscal impact: Funding for National Pollution Discharge Elimination System, Phase II
for$300,000.00 and Atascadero Lake Water Quality for$250,000.00
• Staff recommendation: Council approve draft Resolution supporting the submittal of
projects from the San Luis Obispo County Proposition 50 Coalition to the State of
California for funding. [Public Works]
• B. PUBLIC HEARINGS:
1 Zone Change 2001-0029 / Conditional Use Permit 2001-0067 Vestinq
Tentative Tract Map 2001-0014 (Tract 2454) - 2000 Ferrocarril Road
(Kelly Gearhart /Wilson Land Surveys)
■ Fiscal impact: The project would likely have a slight negative impact on City
revenues. As a general rule, single-family dwellings require services that exceed the
revenue generated by the dwelling.
■ Planning Commission recommendation:
1. Adopt Resolution A,to certify the proposed Mitigation Negative Declaration 2002-
0030; and,
2. Introduce for first reading only Ordinance A, 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 Resolution C, approving Vesting Tentative Tract Map 2002-0014, subject
to findings and conditions of approval.
C. MANAGEMENT REPORTS:
1. City Council Meeting Minutes
■ Fiscal impact: A small cost savings in staff time and permanent record paper.
• Staff recommendation: City Council direct the City Clerk to continue to list in the
minutes all documents submitted by the public during Council meetings that are
either read into the record or referred to in their statement, and file all the listed
documents in the City Clerk's office. [City Clerk]
3
2. Information Bulletin •
a. Action Plans Update- Quarterly
D. COMMITTEE REPORTS: (The newly elected Mayor will be assigning committee members to the
following committees:)
Air Pollution Control District(APCD)
Atascadero State Hospital Advisory Board
City/Schools Committee (2)
County Mayor's Round Table
Economic Vitality Corporation, Board of Directors (EVC)
Finance Committee (2)
Integrated Waste Management Authority(IWMA)
Local Agency Formation Commissions(LAFCO)
North County Homeless Coalition
S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority(SLORTA)
Water Committees (2)
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, City Clerk of the City of Atascadero, declare under the penalty of
perjury that the foregoing agenda for the December 10, 2002 Regular Session of the Atascadero City
Council was posted on December 4, 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 4th day of December 2002 at Atascadero, California.
)rw,&�'L M T& ' -0 in --
Marcia McClure Torgerson, City Clerk
City of Atascadero
4
City of Atascadero
WELCOME TO THE ATASCADERO CITY CO UNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the
40 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.ataseadero.org. An agenda packet is also
available for public review at the Atascadero Library, 6850 Mono 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.
ITEM NUMBER: A- 1
DATE: 12/10/2002
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CITY OFATASCADERO
CITY COUNCIL
DRAFT MINUTES
TUESDAY, November 12, 2002
7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Arrambide called the meeting to order at 7:00 p.m. and Council Member Clay led
the Pledge of Allegiance.
ROLL CALL:
•
Present: Council Members Clay, Johnson, Luna, Scalise and Mayor
Arrambide
Absent: None
Others Present: City Clerk Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Administrative Services Director Rachelle Rickard,
Community Development Director Warren Frace, Public Works
Director Steve Kahn, Redevelopment Specialist John Jansons,
Information Technology Director Andrew Fruin, Police Chief Dennis
Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley.
INTRODUCTIONS:
Mayor Arrambide called for staff introductions.
• APPROVAL OF AGENDA:
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Page 1 0 0
ITEM NUMBER: A-1
DATE: 12/10/2002
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Scalise to approve the Agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Recognition Plaque — Peter Kincade, resigning Little League President
Assistant City Manager Brady Cherry introduced Peter Kincade to the Council. Mr.
Kincade thanked the City Council, on behalf of all volunteers, for their recognition.
2. Presentation by Andrew Fruin, Information Technology Director, to
Melanie Whaley, Technical Assistant 11, for Microsoft certification
Information Technology Director Andrew Fruin explained to the Council Ms. Whaley's
accomplishments for Microsoft certification, many of which were achieved on her own
time and initiative. Ms. Whaley now runs training classes in Microsoft programs for City
staff.
COMMUNITY FORUM:
Charlotte Byrne updated the Council on the EI Camino Homeless Organization's •
(ECHO) progress and thanked them for their support.
Mayor Arrambide closed the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay reported on the Veteran's Day ceremony at the cemetery.
A. CONSENT CALENDAR:
1. City Council Minutes —October 22, 2002
■ City Clerk recommendation: City Council approve the City Council minutes of October 22,
2002 [City Clerk]
2. City Treasurer's Report—August and September 2002
■ Fiscal impact: None
■ City Treasurer recommendation: City Council approve the City Treasurer's report for August
and September 2002. [City Treasurer]
3. September Disbursements — September 2002 Accounts Payable & Payroll
• Fiscal impact: $1,740,420.23 •
■ Staff recommendation: City Council approve certified City accounts payable, payroll and
payroll vendor checks for September 2002. [Administrative Services]
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ITEM NUMBER: A- 1
DATE: 12/10/2002
• 4. City Council Reimbursement
■ Fiscal impact: The $75.00 per month allowance would result in an annual expense of
$4,500.
■ Staff recommendation: Council adopt draft Resolution setting forth meeting and professional
development allowances for City Council Members. [City Manager]
5. Zone Change 2002-0028 — 1625, 1683, 1685 EI Camino Real (Kelly
Gearhart/Wilson Land Surveys)
• Fiscal impact: Slight negative impact on City revenues — Single-family dwellings require
services that exceed the revenue generated by the dwelling.
• Staff recommendation: Council:
1. Adopt on second reading by title only,the draft Ordinance A for the creation of a new PD-
17 overlay district; and,
2. Adopt on second reading by title only the draft Ordinance B enacting Zone Change 2002-
0028 rezoning the project site to RSF-X / PD-17 subject to a Master Plan of
Development; and,
3. Review and approve the Master Plan of Development and Tentative Map condition
reserving certain units for sale to residents or people employed within the City of
Atascadero. [Community Development]
6. Final Tract Map 2001-0012 (Tract Map 2396) (TTM 2001-00011 - 6250 San
Gabriel Road (Rancho de Paraiso, LLC)
■ Fiscal impact:
■ Staff recommendation: Council
1. Accept Final Tract Map 2001-0012 (Tract Map 2396).
2. Reject without prejudice to future acceptance, the dedication of all streets and
easements delineated as offers of dedication for street purposes, public utility, slope,
•
drainage, and emergency
g access easements.
3. Authorize City Manager to execute Subdivision Improvement Agreement. [Public
Works]
7. Award of Contract for Downtown Streetscape Design Services
■ Fiscal impact: $6,500.00 for Amendment#2—funds included in the Project budget.
■ Staff recommendation: Council authorize the City Manager to execute amendment#2 to the
Consultant Services Agreement with RRM Design Group to produce the conceptual design
and construction documents for Downtown Streetscape. [Public Works]
Council Member Luna pulled Items #A-4 and #A-5. Member of the public Joan O'Keefe
pulled Item #A-1.
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve Items #A-2, 3, 6, and 7.
Motion passed 5:0 by a roll-call vote. (Item #A-6 Contract No.
2002-028)
Joan O'Keefe indicated that her statement for Item #2 on the Minutes of November 12,
2002, was incorrect. She had stated that the type of residential development proposed
by Mr. Gearhart did not reflect the kind of residential development- unique to
• Atascadero, but that she had accepted that where the terrain would allow, it was
important to allow more density.
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Page 3 G 0 3
ITEM NUMBER: A-1
DATE: 12/10/2002
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve Item #A-1 as amended.
Motion passed 5:0 by a roll-call vote. ,
Council Member Luna stated that he had pulled Item #A-4 because he would be voting
against it. There was Council discussion on this item.
MOTION: By Council Member Johnson and seconded by Council
Member Clay to approve Item #A-4.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Resolution No. 2002-049)
Council Member Luna indicated that he would be voting no on this item because he
thinks that more than two of the proposed sites should be designated affordable.
Council Member Clay asked for discussion on recommendation #3 and spoke about his
conversations with Mr. Gearhart regarding his commitment to making 19 market rate
homes available to the citizens of Atascadero from the day he breaks ground to just
prior to completion of the homes in question. These homes are to be owner-occupied.
Council Member Clay questioned the 10-year time limit for the two deed restricted
affordable units and asked Council to consider a longer time limit and possibly reserving
these units on a priority basis for members of the community who work for the City.
There was Council discussion regarding these suggestions.
MOTION: By Council Member Johnson and seconded by Council •
Member Clay to adopt on second reading by title only, the
draft Ordinance A for the creation of a new PD-17 overlay
district; and, adopt on second reading by title only the draft
Ordinance B enacting Zone Change 2002-0028 rezoning the
project site to RSF-X / PD-17 subject to a Master Plan of
Development.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Ordinance No. 402, Ordinance No. 403)
There was Council discussion regarding the appropriateness of making changes to this
project at this point in time.
PUBLIC COMMENT — None
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Johnson to approve bulleted item No. 1 on Page 52 of the staff
report: The project shall include two (2) deed restricted
moderate-income affordable units. Deed restrictions shall be
recorded at the time of final map and have a 10-year limit.
Motion passed 3:2 by a roll-call vote. (Clay and Luna opposed) •
MOTION: By Council Member Clay and seconded by Council Member
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ITEM NUMBER: A- 1
DATE: 12/10/2002
Johnson to accept item No. 2-a), b), c), d) and e) on page 52 of
• the staff report as written.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Johnson and seconded by Council
Member Clay to review and approve the Master Plan of
Development and Tentative Map condition reserving certain
units for sale to residents or people employed within the City
of Atascadero.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
(Motion duplicates the previous two motions and approves Agenda
Item #A-5.3.)
B. MANAGEMENT REPORTS:
1. Urgency Ordinance - Off Premises Auto Sales and Introduction of
Permanent Ordinance to Same Effect
• Fiscal impact: None has been identified, but staff will examine the sales tax and other
revenues that may be produced by these events before the matter is returned to the City
Council.
■ Staff recommendation: City Council:
1. Adopt, by a 4/5 vote, draft Urgency Ordinance restricting off-premises sales of
automobiles.
2. Introduce for first reading, by title only, draft Ordinance forbidding off-site auto sales
. events. [City Attorney]
City Attorney Roy Hanley gave the staff report and answered questions of Council.
PUBLIC COMMENT — None
MOTION: By Council Member Johnson and seconded by Council
Member Clay to adopt the draft Urgency Ordinance of the City
of Atascadero pertaining to the prohibition of off-site sale of
new and used automobiles and trucks.
Motion passed 5:0 by a roll-call vote.
(Ordinance No. 404)
MOTION: By Council Member Johnson and seconded by Council
Member Clay to introduce for first reading, by title only, draft
Ordinance forbidding off-site auto sales events.
Motion passed 5:0 by a roll-call vote.
2. Veterans' Preference in Hirinq
■ Fiscal impact: None.
■ Staff recommendation: Council introduce for first reading by title only, the draft Ordinance
amending Section 2-2.07 of the Atascadero Municipal Code to provide for a veterans'
• preference in hiring. [City Attorney]
City Attorney Roy Hanley gave the staff report and answered questions of Council.
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ITEM NUMBER: A- 1
DATE: 12/10/2002
PUBLIC COMMENT— None •
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to introduce for first reading by title only, the draft
Ordinance amending Section 2-2.07 of the Atascadero
Municipal Code to provide for a veterans' preference in hiring.
Motion passed 5:0 by a roil-caH vote.
C. COMMITTEE REPORTS:
Council Member Luna
1. Integrated Waste Management Authority (IWMA): Meeting will be held tomorrow. The Governor
has vetoed SB 1523 which would have charged the producers of monitors and televisions $10,
and asked instead that the industry work to alleviate the impacts on landfills and hazardous
waste. The IWMA will be lobbying with the industry and attempting to follow the Governor's
recommendation. Paso Robles will be on tomorrow's agenda for opening a hazardous waste
reduction and pickup site at the Paso Robles Land Fill.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Arrambide announced that Council has received a report from City Attorney •
Hanley regarding the Atascadero Ministerial Association's request to open Council
meetings with prayer. It was decided that this item would be held for consideration by
the next City Council.
Council Member Johnson announced that there would be a briefing for new City Council
members regarding the EVC; this meeting will be open to anyone wishing to attend.
City Clerk
City Clerk Marcia McClure Torgerson reported on the election. The ballots have not all
been counted, there are provisional ballots yet to be counted. Regarding the Transient
Occupancy Tax (TOT) ballot measure, this measure did pass by 67%. The next Council
agenda will include a certification of the election as well as a resolution which if passed
would increase the TOT as of December 6, 2002.
City Attorney
City Attorney Roy Hanley requested that the Council briefing on the EVC be open to the
public so that any Council Member could attend without fear of violating the Brown Act.
E. ADJOURNMENT:
•
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Page 6
ITEM NUMBER: A-1
DATE: 12/10/2002
Mayor Arrambide adjourned the meeting at 8:02 p.m. to the next regularly scheduled
• meeting on November 26, 2002.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
•
•
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ITEM NUMBER: A-2
DATE: 12/10/2002
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CITY COUNCIL
DRAFT MINUTES
TUESDAY, November 26, 2002
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION: 7:00 P.M.
• Mayor Arrambide called the meeting to order at 7:00 p.m. and Council Member Johnson
led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Luna, Scalise and Mayor
Arrambide
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David
Graham
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Administrative Services Director Rachelle Rickard,
Community Development Director Warren Frace, Public Works
Director Steve Kahn, Planning Services Manager Steve McHarris,
Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City
Attorney Roy Hanley.
•
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ITEM NUMBER: A-2
DATE: 12/10/2002
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member •
Johnson to approve the agenda.
Motion passed 5:0 by a roll-call vote.
COMMUNITY FORUM:
Eric Greening, 7365 Valle Ave, thanked the outgoing Council Members for their service.
Mr. Greening apprised Council of the issues involving proposed changes to the CCAT
route nine bus stops and requested that this item be placed on a future Council agenda.
Mayor Arrambide closed the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Johnson gave a PowerPoint presentation detailing the top 10 projects
completed by the Council during his term of office. He also thanked all those he worked
with throughout his time on the Council
A. CONSENT CALENDAR:
1. Ordinance Forbidding Off-Premises Auto Sales Events •
■ Fiscal impact: None has been identified.
■ Staff recommendation: Council adopt, on second reading by title only, the draft
Ordinance amending the Atascadero Municipal Code to forbid off-site auto sales
events. [City Attorney]
2. Ordinance to Provide for a Veterans' Preference in Hirinq
■ Fiscal impact: None has been identified.
■ Staff recommendation: Council adopt, on second reading by title only, the draft
Ordinance amending Section 2-2.07 of the Atascadero Municipal Code to provide for
a veterans' preference in hiring. [City Attorney]
Mayor Arrambide pulled Item #A-1 for discussion. He asked City Attorney Roy Hanley
to define recreational vehicle. Mr. Hanley stated that in his opinion recreational vehicles
would be the living and camping-type vehicles, i.e. motor homes, etc. Mayor Arrambide
referred to a letter he had received regarding credit union involvement in these types of
events.
MOTION: By Council Member Johnson and seconded by Council
Member Clay to approve Items #A-1 and 2.
Motion passed 5:0 by a roll-call vote.
(#A-1: Ordinance No. 406, #A-2: Ordinance No. 407)
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ITEM NUMBER: A-2
DATE: 12/10/2002
• B. ELECTION CERTIFICATION:
1. Reciting the Fact of the General Municipal Election — held on
November 5, 2002
■ City Clerk recommendation: Council adopt draft Resolution, reciting the fact of the
General Municipal Election held on November 5, 2002, declaring the result and such
other matters as provided by law. [City Clerk]
City Clerk Marcia McClure Torgerson gave a brief_ report explaining the proposed
Resolution.
MOTION: By Council Member Luna and seconded by Council Member
Clay to adopt the draft Resolution, reciting the fact of the
General Municipal Election held on November 5, 2002,
declaring the result and such other matters as provided by
law.
Motion passed 5:0 by a roll-call vote.
(Resolution No. 2002-050)
2. Administration of Oaths of Office — Newly-elected Council Members
Tom O'Malley and Becky Pacas, City Clerk Marcia McClure
Torgerson, and City Treasurer Joseph Modica will be sworn in by
Deputy City Clerk, Barbara Patton.
•
Deputy City Clerk Barbara Patton administered the Oaths of Office.
ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 7:20 p.m. to the Council meeting of the new
City Council to follow at 7:30 p.m.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
•
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ITEM NUMBER: A-3
DATE: 12/10/2002
CITY OF A TASCADERO
CITY COUNCIL
DRAFT MINUTES
TUESDAY, November 26, 2002
7:30 P.M.
REGULAR SESSION: 7:30 P.M.
Mayor Pro Tem Scalise called the meeting to order at 7:30 p.m.
• ROLL CALL:
Present: Council Members Clay, Luna, O'Malley, Pacas and Mayor Pro Tem
Scalise
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer Joseph
Modica
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Administrative Services Director Rachelle Rickard,
Community Development Director Warren Frace, Public Works
Director Steve Kahn, Planning Services Manager Steve McHarris,
Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City
Attorney Roy Hanley.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve the agenda.
• Motion passed 5.0 by a roll--call vote.
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ITEM NUMBER: A-3
DATE: 12/10/2002
PRESENTATIONS:
1. Recognition of outgoing Council Members Ray Johnson and Mike Arrambide •
2. Recognition of outgoing City Treasurer David Graham
Mayor Pro Tem Scalise and Council Members expressed their appreciation to outgoing
Council Members Johnson and Arrambide.
Mayor Pro Tem Scalise presented the outgoing officials with an obelisk commemorating
their service to Atascadero.
COMMUNITY FORUM:
Daphne Fashing congratulated the two new Council Members on their election. She
explained to the Council her concern that statements handed in at Council meetings by
the public and listed as attachments in the Minutes, are not available for review in any
location other than the City Clerk's office. She asked that this policy be reviewed by the
new Council. (Exhibit A)
Mayor Pro Tem Scalise closed the Community Forum period.
CITY COUNCIL REORGANIZATION: •
1. Council Appointment of Mayor — The City Clerk will accept nominations from
the Council Members
Mayor Pro Tem Scalise asked the City Clerk to explain the nomination procedure. City
Clerk Marcia McClure Torgerson reviewed the procedure.
PUBLIC COMMENT
Eric Greening, 7365 Valle Avenue, asked the Council to elect Council Member Luna to
the position of Mayor. He also suggested that Council Member Luna be appointed to
the SLOCOG and SLORTA vacancies.
Rick Mathews, 6950 Navarette Avenue, told the Council that Council Member Luna
should be elected to the position of Mayor.
Ellen Beraud, expressed her support for the election of Council Member Luna to the
position of Mayor.
Steve Good, 8830 San Gabriel, asked the Council to vote for Council Member Luna for
the position of Mayor.
Leon Korba stated his support for Council Member Luna to be elected to the position of •
Mayor.
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ITEM NUMBER: A-3
DATE: 12/10/2002
• Fred Frank, 3650 Ardilla, urged the Council to elect Council Member Luna to the
position of Mayor.
Daphne Fahsing supported the previous speakers with her support for Council Member
Luna for the position of Mayor.
Steve LaSalle reminded the Council of the systematic rotation of Mayor as it was done
in the past. Mr. LaSalle felt this would be a preferable method of selection, as it would
tone down the dissention within the Council.
Mayor Pro Tem Scalise closed the Public Comment period.
NOMINATION: By Council Member Pacas and seconded by Council
Member Luna to appoint Council Member Luna to the
position of Mayor.
NOMINATION: By Council Member O'Malley and seconded by Council
Member Clay to nominate Council Member Clay the
position of Mayor.
There was Council discussion regarding both nominations as well as the process for
selection of Mayor. City Clerk Torgerson explained that she would call each Council
• Member's name and ask for their vote.
ROLL CALL: Council Member Pacas: Council Member Luna
Council Member O'Malley: Council Member Clay
Council Member Luna: Council Member Luna
Council Member Clay: Council Member Clay
Mayor Pro Tem Scalise: Abstained.
Both nominations were nullified by a 2:2 vote.
Council Member Clay suggested the Council continue this item to the next meeting.
Council Member O'Malley stated the Council could discuss this issue at strategic
planning in January 2003.
Mayor Pro Tem Scalise indicated that as there was not a majority vote for any of the
nominees, she would chair the Council meetings until the Council agrees on a
procedure to elect a new mayor.
2. Council Appointment of Mayor Pro Tem — The new Mayor will accept
nominations from the Council Members
• Mayor Pro Tem Scalise announced that since a new mayor was not elected, this item
would be continued until such time as a mayor is selected.
CC 11/26/02 - 13
Page 3 0
ITEM NUMBER: A-3
DATE: 12/10/2002
3. SLOCOG Representative - •
p The new Mayor will appoint Council representative
for the San Luis Obispo Council of Governments.
Mayor Pro Tem Scalise appointed Council Member Clay to the SLOCOG board.
Council Member Clay asked that Mayor Pro Tem Scalise take the position. She agreed.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Pacas suggested the Council consider in two years at the next
election, placing the election of Mayor on the ballot.
A. CONSENT CALENDAR:
1. October Disbursements — October 2002 Accounts Payable & Payroll
• Fiscal impact: $2,294,603.14.
■ Staff recommendation: City Council approve certified City accounts payable, payroll
and payroll vendor checks for October 2002. [Administrative Services]
PUBLIC COMMENT - None
MOTION: By Council member Luna and seconded by Council Member •
Pacas to approve Item #A-1.
Motion passed 5:0 by a roll-call vote.
B. MANAGEMENT REPORTS:
1. Agreement for Services With the Zoological Society — In Support of
the Charles Paddock Zoo
■ Fiscal impact: Potential $79,000 annual revenue.
■ Staff recommendation: Council authorize the City Manager to execute the
Agreement for Services between the City of Atascadero and the Zoological Society of
San Luis Obispo County in support of the Charles Paddock Zoo. [Community
Services]
Assistant City Manager Brady Cherry gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Jerry Bowman, 8750 San Gregorio, President of the Zoological Society, stated he feels
the community has benefited greatly from the partnership between the City, the Zoo and
the Society. Mr. Bowman explained the role of the Zoological Society. •
CC 11/26/02 �`
Page 4 6
ITEM NUMBER: A-3
DATE: 12/10/2002
George Highland, San Luis Obispo, stated he has worked for many years with the
• Charles Paddock Zoo and feels the agreement with the Zoological Society will be very
helpful to the Zoo and the City.
Mayor Pro Tem Scalise closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member
O'Malley to authorize the City Manager to execute the
Agreement for Services between the City of Atascadero and
the Zoological Society of San Luis Obispo County in support
of the Charles Paddock Zoo.
Motion passed 5:0 by a roll-call vote. (Contract No. 2002-029)
2. Atascadero Fire Safe Council Chipping Program
■ Fiscal impact: None. This program is funded through a grant awarded by the Fire
Safe Council.
■ Information item only: [Fire]
Fire Chief Kurt Stone gave the staff report and answered questions of Council.
PUBLIC COMMENT
Eric Greening stated he has heard many good comments about this program and he
gives it his support. Mr. Greening discussed the use of the term "fuel reduction" and
indicated in the staff report it appears to be used as a synonym for the word "clearance."
He feels the word clearance can be very misleading in terms of the behavior it triggers,
and prefers the term fuel reduction.
Rick Mathews stated this sounds like a great program. He suggested the City sell some
of the mulch produced through this program.
Daphne Fahsing asked if the program would continue and return to the same areas
already affected. Fire Chief Stone indicated that it is their hope to do so, but it will
depend on the Bureau of Land Management and the availability of funds.
Mayor Pro Tem Scalise closed the Public Comment period.
C. COMMITTEE REPORTS:
Air Pollution Control District (APCD): Council Member Clay reported that there
will be a map coming out which will affect builders regarding rock containing
asbestos; this type of rock does exist in the west side of Atascadero.
CC 11/26/02
Page 5 U
ITEM NUMBER: A-3
DATE: 12/10/2002
Economic Vitality Corporation, Board of Directors (EVC): Mayor Pro Tem Scalise
reported that the EVC would be hosting a training session for all new Board •
Members.
Integrated Waste Management Authority (IWMA): Council Member Luna stated
that the IWMA has implemented a program for towel racks for bathrooms. To
date Atascadero has not participated in this program. City Manager McKinney
stated that the Facilities Department was following up on this and the racks were
to be installed at City Hall.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member O'Malley asked if the issue brought up by a member of the
public about minutes and their attachments could be agendized. Also, he asked
that the election of Mayor be placed on the next agenda.
Council Member Luna suggested selecting a Mayor tonight.
MOTION: By Council Member O'Malley and seconded by Council
Member Luna that the discussion of the selection of
Mayor be reopened.
Motion passed 5:0 by a roll-call vote. •
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to nominate Council Member Clay to the
position of Mayor and Council Member Luna to the position
of Mayor Pro Tem.
Council Member Clay stated that he does not take a back seat to anyone on the
Council; he has lived in Atascadero for 62 years and served his community well. He
stated that he would do a good job and would be honored to be Mayor.
Council Member Luna indicated that by any measure—the number of terms he has
been elected (3), the number of votes he received over Council Member Clay—he has a
certain constituency which he feels represents the majority of Atascadero residents and
for that reason he feels he deserves the position of Mayor.
Council Member Clay stated that 72% of the votes in the recent election went to
candidates that supported moving the City forward. He takes pride in the fact that he
spent significantly less than Council Member Luna in his election bid and therefore may
be less well known and have received fewer votes.
Council Member Pacas commented that the last time a Mayor was selected, Council
Member Luna was passed over as the majority of the Council felt he did not represent •
the public because the Council majority did not hold his same views. She stated that
the Mayor selected at that time was not reelected and she feels this suggests the
CC 11l26l02
Page 6
ITEM NUMBER: A-3
DATE: 12/10/2002
. people do support Council Member Luna's position. She does not feel Council Member
Luna would be a threat to any of the goals other members wish to accomplish, as he is
diplomatic and fair.
MOTION: By Council Member O'Malley and seconded by Council Member
Clay to nominate Council Member Clay to the position of Mayor
and Council Member Luna to the position of Mayor Pro Tem.
Motion failed 2:3 by a roll-call vote. (Luna, Pacas, Scalise
opposed.)
Council Member O'Malley asked for Council consensus to bring back the issue of Mayor
selection on the next agenda.
There was Council consensus to bring the issue of the Mayor selection process
to the next Council agenda.
Mayor Pro Tem Scalise stated that the position of Mayor is an important one and she
cast her votes tonight as she did because she has witnessed divisiveness and
stubbornness within the Council, which she feels places it in a stagnated position and is
a loss for the community. She feels Atascadero needs a mayor who can draw both
sides in.
• E. ADJOURNMENT:
Mayor Pro Tem Scalise adjourned the meeting at 8:50 p.m. to the next regularly
scheduled meeting on December 10, 2002.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
The following exhibits are available for review in the City Clerk's office:
Exhibit A — Daphne Fahsing
•
CC 11/26/02
Page 7 & '�j
ITEM NUMBER: A-4
DATE: 12/10/2002
X-1-18 1979----
Atascadero City Council
Staff Report - City Manager's Office
City Council 2003 Meeting Schedule
RECOMMENDATION:
Council approve City Council meeting schedule for 2003.
DISCUSSION:
The City Council, pursuant to Chapter 2, Section 1.01 of the Atascadero Municipal Code, meets
• the second and fourth Tuesday of each month. Upon occasion, the Council will hold special study
sessions and/or joint meetings with one or both of the Commissions on a fifth Tuesday.
Generally, in the summer months, the Council meets once a month and avoids conflicts with major
holidays. This year the second meeting in January is cancelled to meet scheduling issues of the
Strategic Planning Workshop. Staff has prepared the attached schedule for the year 2003 to help
in the coordination of these meetings with personal schedules.
FISCAL IMPACT: None
ATTACHMENT: City Council 2003 Meeting Schedule
•
Clety of At
Office of the City Clerk
DRAFT
Atascadero City Council 2003 Meeting Schedule
MEETING DATE TYPE OF MEETING
January 14 Regular
February 11 Regular
February 25 Regular
March 11 Regular
March 25 Regular .
April 08 Regular
April 22 Regular
April 29 Special Study Sessions and/or Joint Meetings with one
or both of the Commissions tentative
May 13 Regular
May 27 Regular
June 10 Regular
June 24 Regula
July 08 Regular
July 29 Special Study Sessions and/or Joint Meetings with one
or both of the Commissions (tentative)
August 12 Re ular
September 09 Regular
September 23 Regular
September 30 Special Study Sessions and/or Joint Meetings with one
or both of the Commissions tentative
October 14 Regular
October 28 Regular
November 11 Regular
November 25 Regular
December 09 Regular
•
ITEM NUMBER: A-5
DATE: 12/10/2002
• .1Sis' ,m � 1197a
. CAI1F��
Atascadero City Council
Staff Report - Public Works Department
Award of Contract for Engineering Consultant Services
Paloma Creek/Atascadero State Hospital Gravity Sewer Main
Route Survey and Easement Document Preparation
RECOMMENDATION:
City Council authorize the City. Manager to execute an agreement with RRM Design Group to
perform a route survey and prepare easement documents for a gravity sewer main to the Paloma
Creek basin.
DISCUSSION:
The Environmental Impact Report prepared in 1996 for the South Atascadero Urban Services
Line Extension determined that sewering south Atascadero would require the construction of a
new sewer main extending eastward from the Paloma Creek basin then northward to the
Wastewater Treatment Facility.
The Wastewater Division is interested in replacing Wastewater Pumping Station No. 12 (located
adjacent to Paloma Creek) with a gravity sewer main to the Treatment Facility. This will reduce
electrical energy and maintenance costs, increase collection system reliability and reduce the
potential for sewage spills into 'Paloma Creek. This gravity sewer main will also serve
undeveloped properties in the future.
Atascadero State Hospital (ASH) has expressed an interest in obtaining a lateral connection to
the City's Wastewater Treatment Facility for emergency use should the ASH treatment facility
experience a catastrophic failure. The gravity sewer main from the Paloma Creek basin to the
City's treatment facility would traverse ASH property and require the establishment of an
easement from ASH.
Topographic information obtained by an aerial survey will be used to determine the best route
for a gravity sewer pipeline. This information can also be utilized to establish pipeline depth
during final design. Once a preferred route is established, field and boundary surveys will be
• performed and used for preparing easement documents. Once established, the public sewer
ITEM NUMBER: A-5
DATE: 12/10/2002
easement will be available for the construction of a public sewer by the City at the direction of
the Council or by a private developer as a condition of an approved project. •
A Request for Proposals (RFP) was sent to six engineering firms. Two firms responded to the
RFP. RRM Design Group was chosen on the basis of their qualifications, proposed scope of
services, and fee.
FISCAL IMPACT:
Consultant Services $289710.00
This unbudgeted project will be funded from the budgeted Wastewater Division Contingency
Account#6900001.
ALTERNATIVES:
Do not authorize the City Manager to execute an agreement — The groundwork for the
establishment of a sewer easement and for the design of a gravity sewer pipeline from the
Paloma Creek basin to the City's Wastewater Treatment Facility will not be performed at this
time.
ATTACHMENTS:
A. Map of proposed gravity sewer pipeline route
B. RRM Design Group proposal
•
U�.L
ITEM NUMBER: A-5
DATE: 12/10/2002
. ATTACHMENT "A"
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•
ITEM NUMBER: A-5
DATE: 12/10/2002
ATTACHMENT"BY.-
IV.
B"IV. PROJECT SCOPE
Phase L• Develop Preferred Alignment
Task 1 Project Research/Site Visit
RRM Design Group will research all available record information for this project. We will collect any topographic
and GPS data,as-built information for the pump stations,utility improvements,and coordinate with the utility
companies to obtain their utility information. We will conduct site visits,review property boundaries,and determine
appropriate design methods keeping consideration of existing facilities. This information will provide us with the
background knowledge necessary to assist the City of Atascadero with the development of the project program.
Task 2 Project Kick off Meeting
RRM Design Group will coordinate and attend a project kick off meeting with representatives of the City of
Atascadero. With the information gathered from the previous task,the project team and the city representatives can
clearly define the scope of work, schedule, and a list of deliverables. It will also be important to clearly define the
channels of communication between then
co sultant team and the City representatives to ensure informati n is
accurately communicated and everyone remains in the communication loop. This task is critical to a smooth project
that produces a well-designed project that meets the needs of the City of Atascadero. Meeting minutes will be
distributed after the meeting.
g
Task 3 Pre are Pre erred Ali n
p f g went
Based on the direction provided by the City and utilizing the existing 1985 Aerial Survey maps with 5-foot contours at
100-scale and the City's existing GIS database with property line data,we will prepare one plan view alignment that take
into consideration environmentally sensitive habitats, existing utilities, topography,property ownership,pipeline slope,
and critical connection points. We will provide this to the City to negotiate with the Atascadero State Hospital and other
property owner. After negotiations, we will revise the preferred alignment once,based on comments from the City's
negotiations.
Deliverables: Two(2)submittals(preliminary and final)of a plan view alignment of 24"x36"plots and a digital file.
Phase H. Topographic Survey and Easement Documents
Task 4 Aerial Topographic Survey
Once the final project alignment has been determined with the large-scale base maps,we will proceed with field surveys
and base mapping for design. Our mapping area will include a strip, 500 feet wide extending from Pump Station#12,
then northeasterly to the northeast side of the railroad tracks, then northwesterly along the tracks to pump station#13.
We will also include a 500 strip for the two laterals from pump station#12 to Halcyon Road and to El Camino Real.
This task will include aerial photography over the site,the aerial control survey and compiling the topographic map. The
first phase of work for RRM will involve setting all aerial panels,pre-marking surface evidence of utilities(water valves,
boxes,manholes and cleanouts)within the streets,and performing the aerial control survey. The vertical datum will be
based on an official benchmark provided to us by the City of Atascadero. Aerial mapping will be subcontracted to an
aerial mapping sub-consultant. This will involve obtaining new aerial photography suitable-for compiling a topographic
map at a scale of 1"=40' showing contours at 1' intervals and planimetric features, including roads, buildings, fences,
power poles,trees, brush, utilities and other features according to standard practice. Only areas which are unobstructed
by trees will show contour information. Accuracy of the mapping will equal or exceed national map accuracy standards
for large-scale topographic maps compiled by photogrammetric methods. The finished product will be available in •
digital format compatible with AutoCAD.
ryyl
U lirV
ITEM NUMBER: A-5
DATE: 12/10/2002
is
Task-5 Supplemental Survey
Once the final project alignment has been determined with the large-scale base maps,we will proceed with field surveys
and base mapping for design. Our mapping area will include a strip,500 feet wide extending from Pump Station#12,
We will prepare a limited boundary survey of the project site and surrounding area,compiling all record information
on right of way lines and property lines in the project vicinity.
Surface evidence of underground utilities will be plotted and incorporated into the aerial mapping. We assume that
the City of Atascadero will provide RRM with all as-built drawings and utility plans within the project area. RRM
will plot the line work for the horizontal location of underground utilities from the drawings provided by the City.
This work will be incorporated into the base map drawing for the improvement plans.
Deliverables: One(1)submittal of a single plot topographic map and digital file.
Task 6 Prepare Easement Documents
Once the final project alignment has been determined with the large-scale base maps,we will proceed with field surveys
and base mapping for design. Our mapping area will include a strip,500 feet wide extending from Pump Station#12,
Once the final alignment is determined,we will prepare the legal descriptions and exhibit maps for each of the properties
involved. For purposes of this proposal, we have assumed that six separate documents will be necessary and that the
City Public Work Department or the cities'attorney will handle the following tasks:
Negotiation with underlying property owners
Negotiation with Union Pacific Railroad
Obtaining signatures,notarization and recording.
Property valuation
• Deliverables:Up to 6 separate legal descriptions and exhibits defining the proposed easement.
FEES
Phase I: Develop Preferred Alignment
Task 1 Project Research/Site Visit $ 950
Task 2 Project Kick off Meeting $ 500
Task 3 Prepare Preferred Alignment $ 6,900
Phase Il: Topographic Survey and Easement Documents
Task 4 Aerial Topographic Survey $11,860
Task 5 Supplemental Survey $ 4,600
Task 6 Prepare Easement Documents $ 3,900
•
ITEM NUMBER: A-6
DATE: 12/10/2002
rt �.
1918 �. 197A"7
. CAD
Atascadero City Council
Staff Report - Public Works Department
Proposition 50 Project Funding
RECOMMENDATION:
Council approve draft Resolution supporting the submittal of projects from the San Luis Obispo
County Proposition 50 Coalition to the State of California for funding.
DISCUSSION:
Proposition 50 was approved by the California electorate on November 5, 2002. This Proposition
authorizes the sale of bonds to fund projects pertaining to drinking water, wastewater, fisheries,
• wetlands, water reuse, non-point source and flood control.
A majority of the funds from the Proposition are already designated for projects in the major
metropolitan areas of the State. The Northern and Coastal California Water Bond Initiative
Coalition has formed to obtain funding from Proposition 50 for non-major metropolitan areas in
California. A coalition from San Luis Obispo County has formed to join the Northern and Coastal
California Water Bond Initiative Coalition. Representatives from each city in San Luis Obispo
County, the County of San Luis Obispo, most large Community Services Districts in the County
and many non-profit water quality organizations are in the new Coalition.
The Coalition has put together a list of projects to submit to the State Legislature for funding
from the Proposition (see list attached to resolution). It is hoped the Legislature would fund a list
of projects that is supported by all jurisdictions involved. The list is being presented to all the
agencies in the Coalition governing bodies for approval.
The City of Atascadero has two projects on the list: National Pollution Discharge Elimination
System, Phase II for $300,000.00 and Atascadero Lake Water Quality for$250,000.00.
FISCAL IMPACT:
• Funding for National Pollution Discharge Elimination System, Phase II for $300,000.00 and
Atascadero Lake Water Quality for$250,000.00.
ITEM NUMBER: A-6
DATE: 12/10/2002
ALTERNATIVES:
1. Do not approve the resolution.
2. Approve staff submitting only the City of Atascadero's project to the Legislature.
ATTACHMENTS:
1. Draft Resolution
2. Project list
•
•
• DRAFT RESOLUTION
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF ATASCADERO
SUPPORTING LEGISLATION AND THE ACTIVITIES OF A COOPERATIVE
COALTION TO ALLOCATE FUNDING FROM PROPOSITION 50
THAT WILL BENEFIT ATASCADERO
WHEREAS,the California electorate has approved Proposition 50; and
WHEREAS, Proposition 50 includes funding for, water supply, water quality,
wastewater and drainage projects that could benefit Atascadero; and
WHEREAS, the Northern and Coastal California Water Bond Initiative Coalition was
formed to obtain funding from Proposition 50 for non major metropolitan areas in California;
and
WHEREAS, The County of San Luis Obispo is in the Northern and Coastal California
Water Bond Initiative Coalition; and
WHEREAS, representatives from the cities of Paso Robles, Morro Bay, Atascadero, San
Luis Obispo, Grover Beach, Arroyo Grande, Pismo Beach, the County of San Luis Obispo, most
large Community Services Districts in the County and many non-profit water quality
• organizations have formed a coalition to submit a list of projects supported by the Boards and
Councils of the above listed agencies to the Legislator; and
WHEREAS, the City of Atascadero has two projects on the list: National Pollution
Discharge Elimination System, phase II for $300,000.00 and Atascadero Lake Water Quality for
$250,000.00;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Atascadero, as follows:
1. Authorizes the Public Works Director to work with public agencies, community services
districts and non-profits of San Luis Obispo to advocate and secure grant funds for drinking
water, wastewater, fisheries, wetlands, water reuse, non-point source and flood control
projects that will benefit Atascadero and the counties in Northern and Coastal California.
2. Support submitting the attached list of projects to the State of California Legislation and staff
for funding.
3. The City Clerk is directed to attest the execution of the application.
4. The City Clerk shall certify to the passage and adoption of this resolution, and it shall
thereupon take effect and be in force.
•
027
PASSED AND ADOPTED by the Council of the City of Atascadero this day of •
, 2002, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
•
028
SAN LUIS OBISPO COUNTY PROPOSITION 50 FUNDING
LIST A
AGENCY PROJECT AMOUNT
Los Osos CSD Los Osos Wastewater Project $2,700,000
LIST A SUBTOTAL $2,700,000
LIST B
AGENCY PROJECT AMOUNT
American Land Conservancy Molinari Ranch Acquisition $300,000
City of Arroyo Grande Reservoir No. 1 Replacement Project $300,000
City of Atascadero Atascadero Lake Water Quality $300,000
Avila Beach CSD Water System Master Plan &System Rehabilitation $300,000
Cambria CSD Molinari Ranch Open Space &Watershed Protection Project $300,000
Cayucos Sanitary District Pump Station No.2 Relocation/Force Main Replacement $300,000
Central Coast Salmon Enhancement Tally Ho Creek Restoration Project $300,000
Coastal San Luis RCD Los Berros Creek Flood Plain Restoration Project $300,000
City of Grover Beach Groundwater Infiltration $300,000
Heritage Ranch CSD Alternative Water Supply Projects(s) $300,000
Los Osos CSD Los Osos Wastewater Project $300,000
Morro Estuary Greenbelt Alliance Retirement of Developmental Potential $300,000
City of Morro Bay DeSal Energy Recovery $300,000
Nipomo CSD InnerTie w/Santa Maria $300,000
City of Paso Robles Alternative Disposal of Wastewater Discharge $300,000
City of Pismo Beach Wastewater Treatment Plant Flood Protection $300,000
Port San Luis Harbor District Storm Water Pollution and Flood Control Project $300,000
San Miguel CSD Water Systems Rehabilitation $300,000
San Simeon CSD Recycled Water Project $300,000
City of San Luis Obispo Mid Higuera Bypass Channel $300,000
SLO Co Flood Control &Water Cons District Disinfection/Disinfectants Byproducts Rule Compliance $300,000
So SLO County Sanitation District Water Recycling Project $300,000
SLO Parks, Open Space and Trails Found Santa Lucia Wilderness Expansion $300,000
Templeton CSD Wastewater Disposal System/Silva Water Well Replacement $300,000
AMkempleton USD Wastewater Disposal System-Meadowbrook WWTP $300,000
LIST B SUBTOTAL $7,500,000
LIST A+ B SUBTOTAL $10,200,000
LIST C
AGENCY PROJECT AMOUNT
San Simeon CSD Water Master Plan and Water Tank Replacement $150,000
San Simeon CSD Correct Water System Deficiencies $200,000
City of Pismo Beach Wastewater Treatment Plant Flood Protection $600,000
City of Arroyo Grande Reservoir No. 1 Replacement Project $900,000
SLO Co Flood Control&Water Cons District Disinfection/Disinfectants Byproducts Rule Compliance $700,000
Cayucos Sanitary District Pump Station No.2 Relocation/Force Main Replacement $400,000
So SLO County Sanitation District Water Recycling Project $100,000
City of Atascadero Atascadero Lake Water Quality $250,000
Templeton CSD Water Storage and Pressure System Upgrade $1,000,000
City of Paso Robles SWMP $300,000
Port San Luis Harbor District Storm Water Pollution and Flood Control Project $200,000
LIST C SUBTOTAL $4,800,000
LIST A, B,C,SUBTOTAL $15,000,000
LIST D
AGENCY PROJECT AMOUNT
American Land Conservancy Molinari Ranch Acquisition $200,000
Cambria CSD Molinari Ranch Open Space&Watershed Protection Project $600,000
City of San Luis Obispo Ahearn Property Acquisition $400,000
City of San Luis Obispo Modify Parks and Playgrounds to Use Recycled Water $300,000
City of San Luis Obispo Water Efficient Washing Machine Rebate Program $50,000
City of Morro Bay DeSal Energy Recovery $100,000
ipomo CSD InnerTie w/Santa Maria $1,350,000
LIST D SUBTOTAL $3,000,000
LIST A, B,C, D GRAND TOTAL $18,0010,,,000
6.29
ITEM NUMBER: B- 1
DATE: 12/10/2002
i9 a.
• � CADS,
Atascadero City Council
Staff Report - Community Development Department
Zone Change 2001-0029 / Conditional Use Permit 2001-0067
Vesting Tentative Tract Map 2001-0014 (Tract 2454)
2000 Ferrocarril Road
(Kelly Gearhart/Wilson Land Surveys)
RECOMMENDATION:
Planning Commission Recommends:
1. Adopt Resolution A, to certify the proposed Mitigation Negative Declaration 2002-0030; and,
. 2. Introduce for first reading only Ordinance A, 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 Resolution C, approving Vesting Tentative Tract Map 2002-0014, subject to findings
and conditions of approval.
REPORT IN BRIEF:
The proposed project consists of a 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 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 Overlay for
zoning consistency.
630
ITEM NUMBER: B-1
DATE: 12/10/2002
PROJECT REHEARING:
This item was originally heard and recommended forapproval by the Planning ng Comrussion on
September 17, 2002. Prior to final City Council approval a noticing discrepancy was discovered
for the project. Consequently, most of the property owners on Ferrocarril Road were not
properly notified of the original project hearing. The project has been re-noticed and was reheard
by the Planning Commission on November 5, 2002 to allow the resident's of Ferrocarril Road a
fair hearing process. This City Council hearing has been re-noticed using updated mailing labels
that correctly notify residents along Ferrocarril Road.
One of the primary issues involved with the project is the possible extension of Ferrocarril Road
as a through street to El Camino Real. The project is designed with two access options.
Alternative 1 would create a through street connection from Ferrocarril Road to El Camino Real,
which was staff's original recommendation. Alternative 2 proposes an emergency access
connection from Ferrocarril to El Camino instead. Originally, the Planning Commission
recommended Alternative 1. The primary concern of the Ferrocarril residents appears to be the
access issue. At the second Planning Commission meeting the residents expressed a strong desire
for Alternative 2. The Planning Commission is recommending that the City Council approve the
project with the emergency connection only as shown in Alternative 2.
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
63i
ITEM NUMBER: B-1
DATE: 12/10/2002
is
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. Large open areas along the
river and large lot rural residential uses define the character of the area.
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 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-acre open space lot. The Planning Commission
0 voted 6-0 to recommend approval of the project to the City Council.
•
ITEM NUMBER: B-1
DATE: 12/10/2002
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General Plan/Zoning Consistency
The project application was received by the City 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.
033
ITEM NUMBER: B-1
DATE: 12/10/2002
• 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 a 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:
\ \ Clustered Lots
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Open Space Lot r
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t3V73E
ITEM NUMBER: B-1
DATE: 12/10/2002
Planned Development 16 zoning text: •
(a) Purpose. The purpose of the district is to allow the creative clustering of residential
parcels to preserve sensitive environmental features and provide open space by allowing
lot sizes smaller than the underlying zone's minimum lot size requirements in the RS,
RSF, LSF Zoning Districts.
(b)Development Standards:
(1) The maximum density shall not exceed that allowed by the underlying zoning
district and General Plan designation. Individual lot sizes may be smaller
provided the overall project density conforms to the specified maximum density.
(i) Minimum individual lot sizes shall be at least one acre (gross) for
parcels served by on-site septic systems and 0.5 acre (net)for lots served
by the City's sewer system.
(2) Lots shall utilize common access when feasible.
(3) Open space easements shall be provided for each project. All open space
easements shall be designated as non-build, non-storage areas on the Final
Parcel/ Tract Maps. (Septic systems are allowed to be located within the open
space easements.
(4) All building sites within the Planned Development shall be located on slopes
under 20 percent.
(5) Development on each parcel shall be designed to avoid native tree impacts,
preserve the contours of the hills, protect prominent view sheds, maintain wildlife
corridors and minimize impacts to significant drainage areas and blue-line
creeks. .
(6) A Master Plan of Development shall be approved in conjunction with any
Tentative Tract / Parcel Map application. All subdivision improvements and
subsequent development shall be consistent with the 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.
•
035
ITEM NUMBER: B-1
DATE: 12/10/2002
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ITEM NUMBER: B- 1
DATE: 12/10/2002
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 addition 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 require the
installation of the bridge and the extension of Ferrocarril Road north to connect with El Camino
Real
The project is designed with two access options. Alternative 1 would create a through street
connection from Ferrocarril Road to El Camino Real. Alternative 2 proposes an emergency
access connection from Ferrocarril to El Camino. Alternative 1 is the preferred alternative by
City staff 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 at
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.
Roads & Maintenance i
Consistent with City policy, the project is
conditioned that all road be privately owned
and maintained with public access easements
provided. The project will be required to
establish maintenance districts for both the
streets and the railroad bridge.
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ITEM NUMBER: B-1
DATE: 12/10/2002
• Access Road to El
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ITEM NUMBER: B-1
DATE: 12/10/2002
•
Water Service &AA4WC 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 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 it 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 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 the 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.
•
ITEM NUMBER: B-1
DATE: 12/10/2002
• 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
• 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:
1 --Location Map (General Plan& Zoning)
2 --Draft Planning Commission Minutes
3 --Draft Resolution A
4 --Draft Ordinance A
5 --Draft Resolution B
6 --Draft Resolution C
•
640
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�j.
• ATTACHMENT 2: Planning Commission Minutes
DRAFT
4a979
a �ERo., CITY OFATASCADERO
PLANNING COMMISSION MINUTES
Regular Meeting
November 5, 2002— 7:00 P.M.
CALL TO ORDER
Chairman Bentz called the meeting to order at 7:02 p.m. and Commissioner Porter led
the Pledge of Allegiance.
• ROLL CALL
Present: Commissioners Eddings, Jones, Kelley, O'Malley, Porter, Fonzi and
Chairman Bentz
Absent: None
Staff: Community Development Director Warren Frace, City Engineer Steve
Kahn, Planning Services Manager Steve McHarris, Assistant Planner
Kelly Davis, Fire Captain Roland Snow and Recording Secretary Grace
Pucci.
PUBLIC COMMENT
None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
• MEETING ON OCTOBER 1 S. 2002.
U042
ITEM NUMBER: x
DATE: 10-8-02 •
MOTION: By Commissioner Jones and seconded by Commissioner O'Malley to approve the
Consent Calendar.
AYES: Commissioners Jones, O'Malley, Kelley, Eddings, Porter, Fonzi and Chairman
Bentz
NOES: None
ABSTAIN: None
Motion passed 7.0 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
Location: Luis 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
Description: 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 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
Proposed PROPOSED NEGATIVE DECLARATION 2002-0030:
Environmental Based on the findings of the initial study, the Community Development
Determination Department 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 5. Adopt Resolution No. PC 2002-0064, recommending that the City
Recommends Council certify the proposed Mitigation Negative Declaration 2002-
0030; and,
6. Adopt Resolution No. PC 2002-0065, recommending that the City •
;4
ITEM NUMBER: x
• DATE: 10-8-02
Council introduce an ordinance for first reading to approve Zone
Change 2002-0029; and,
7. Adopt Resolution No. PC 2002-0066 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,
8. Adopt Resolution No. PC 2002-0067 recommending that the City
Council approve Vesting Tentative Tract Map 2002-0014, subject to
findings and conditions of approval.
Commissioner Porter announced that he would be stepping down from consideration of
this item as his residence is within 500 feet of the project area.
Community Development Director Warren Frace provided the staff report and
answered questions of the Commission.
Fire Captain Roland Snow stated that the Fire Department has reviewed this project
• and their first choice regarding the extension of Ferrocarril would be to have
unimpeded access to accommodate both an escape route for residents and emergency
access for fire equipment. Captain Snow indicated that as the project exists today with
the cul-de-sac, if there were a major event such as a train wreck, which might block the
route of escape for the residents, it would be impossible for them to get away.
Regarding the possible use of a Knox Box on the emergency access gate, Captain
Snow stated that only the Fire Department would have keys to the apparatus.
PUBLIC COMMENT
Kelly Gearhart, applicant, stated that he would be in favor of installing a gate on
Ferrocarril if the neighbors preferred that alternative. Mr. Gearhart answered questions
of the Commission.
Robin Burgess, 2755 Ferrocarril, thanked Mr. Gearhart for his support of the use of a
gate, and stated she was in favor of the project but would like to keep Ferrocarril as not
a through street utilizing an emergency access gate. Mrs. Burgess submitted a petition
signed by neighbors in support of keeping Ferrocarril as not a through street.
(Attachment A)
Christy Gabler, 2780 Ferrocarril, asked if there could be a method other than a key lock
• for opening the emergency access gate. Director Frace stated that if the Commission
A
- - 4
ITEM NUMBER: x
DATE: 10-8-02
•
chooses the emergency accessas ate the referred alternative it would g p be
conditioned to
be installed per the Fire Department standards.
Eric Lewis, 2100 Ferrocarril, stated his opinion that the possibility of a
p p y major disaster
occurring near Ferrocarril is low and should not be given greater weight than the safety
of the children.
Genny Corn, 2605 Ferrocarril, stated that she and her husband moved to their home
because the street did not go through, and asked for clarification on the staff
recommendations.
Lynn Faith, 2845 Ferrocarril, requested clarification on the number of houses to be
approved for the subdivision and expressed her concern regarding the parking for
horse trailers and its proximity to the railroad track.
Tom Hembry, 2725 Ferrocarril, asked about the timetable for construction on this
project and suggested a temporary speed limit be posted for construction equipment.
Chairman Bentz closed the Public Comment period.
There was Commission discussion regarding gate installation, Knox Box keying system •
and speed limits for the project area.
MOTION: By Commissioner Jones and seconded by Commissioner Kelley to adopt
Resolution No. PC 2002-0064, recommending that the City Council certify
the proposed Mitigation Negative Declaration 2002-0030; and, adopt
Resolution No. PC 2002-0065, recommending that the City Council
introduce an ordinance for first reading to approve Zone Change 2002-
0029; and, adopt Resolution No. PC 2002-0066 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 2002-0067 with the addition that Alternative No.
1 be deleted and accept the restricted access as Alternative No. 2,
recommending that the City Council approve Vesting Tentative Tract Map
2002-0014, subject to findings and conditions of approval as stated.
AYES: Commissioners Jones, Kelley, O'Malley, Eddings, Fonzi and Chairman
Bentz
NOES: None
ABSTAIN: None
Motionassed 6:0 b a roll-call vote. •
p Y
045
• ATTACHMENT 3: Draft Resolution A
DRAFT
RESOLUTION A
A RESOLUTION OF THE ATASCADERO
CITY COUNCIL CERTIFYING 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, November 5, 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,
December 10, 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,
•
646
City Council Resolution A
December 10,2002
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:
Mayor
Attest:
Marcia McClure Torgerson, City Clerk
Approved as to form:
Roy A. Hanley, City Attorney
•
U
RECEIVED. CIO .
JUL 2
6 2002
aJULIE L.RODEWALD
i IA ,rr ,1 countycktk
; 2��a oepuv CITY OF ATAS CADER O
PROPOSED MITIGATED
NEGATIVE DECLARATION #2002-0030
6500 Palma Avenue Atascadero, CA 93422 805/461-5035
Applicant: Kelly Gearhart, 6205 Alaeantara,Atascadero, CA 93422
Project Title: ZCH 2002-0029/CUP 2001-0067/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)
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 bleasures
• 2. Location Map
3. Site Plan/Tentative Tract Alap
Fac ZCH 2002-0029 13-MD.7d5-02.--Cdx L
Pli d D.W 0717602907 ANI
6500 PALMA AVENUE ATASCA.DERO,CALIFORNIA 93422 • (805)461-5035 FAX 461-5036
P �1
� CAD CITY OFATASCADERO
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 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
Lead AgencyName City y 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) •
0726/02 ZCH 2002-0029.ISMND.7-25-02.wrrd.doc
00
CITY OF ATASCADERO
• INITIAL STUDY
Attachment 7
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.
07/26102 v
2CH 2002-0029.IS-MNO.7-25-02.wrrf.doc
v .
CITY OFATASCADERO INITIAL 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-MN0.7.25-02.wrrd'„ae`
J CITY OFATASCADERO
• INITTAL STUDY
Attachment 2
Location Map
2000 Ferrocarril
Atascadero, CA
Project Site
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• IMTTAL 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)has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT
REPORT is required,but it must analyze only the effects that remain to be addressed.
❑ 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.
• Warren Fra Dat
Community Development Director
07/26102 ZCH 2002-0029.IS-h1ND.7-25-02.vanf.dr
r' M
CITY OFATASCADERO
INITIAL STUDY
•
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except"No Impact"answers that are adequately supported by the
information sources a Lead Agency cites following each question. A"No Impact"answer is adequately
supported if the referenced information sources show that the impact simply does not apply to projects like the
one involved(e.g.the project falls outside a fault rupture zone). A"No Impact"answer should be explained
where it is based on project-specific factors as well as general standards(e.g.the project will not expose
sensitive receptors to pollutants,based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site,cumulative as
well as project-level,indirect as well as direct,and construction as well as operational impacts.
3) "Potentially Significant Impact"is appropriate if there is substantial evidence that an effect is significant. If
there are one or more"Potentially Significant Impact"entries when the determination is made,an EIR is
required.
4) "Potentially Significant Unless Mitigation Incorporated"applies where the incorporation of mitigation measures
has reduced an effect from"Potentially Significant Impact"to a"Less than Significant Impact." The Lead
.Agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than
significant level(mitigation measures from Section XVII, "Earlier Analyses,"may be cross-referenced).
5) Earlier analyses may be used where,pursuant to the tiering,program EIR,or other CEQA process,an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses
are discussed.in Section XVII at the end of the checklist. •
6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential
impacts(e.g.general plans,zoning ordinances). Reference to a previously prepared or outside document
should,where appropriate,include a reference to the page or pages where the statement is substantiated. A
source list should be attached. Other sources used or individuals contacted should be cited in the discussion.
. i
07rz6ro2
2CH 2002-0029.IS-6IN0.7-25-02.wmt.d--
i;
CITY OF ATASCADERO
b 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
1.AESTHETICS--Would the project:
a) Have a substantial adverse effect on a scenic vista?
El V\J
b)Substantially damage scenic resources, including,
but not limited to,trees, rock outcroppings,and historic
buildings within a state scenic highway?
c)Substantially degrade the existing visual character
or quality of the site and its surroundings? El
d)Create a new source of substantial light or glare that ® El
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
Js 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 0
• Williamson Act contract?
c) Involve other changes in the existing environment
which, due to their location or nature, could result in
%;�tJ
o7nsro2
Page 1 ZCH2O02.0029.IShiNDI-25-02.wml.da
3 �4
AAfCDga
w`Tar
�t
a
TY
CI
OF A
TASCA
_ DERO
IMTL4L STUDY
Initial Study 2002-0030 Potentially Less Than Less Than N •
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 develo
is considered a non-impact. pment of this site. This
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 ❑ ® a
substantially to an existing or projected air quality . ❑ ,
violation?
c) Result in a cumulatively considerable net increase of ❑ ® ❑ ❑
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 _057
ZCH2002-0029.IS lND.7-2S02.wrrddo.. _
R-4,
CITY OFATASCADERO
IMTIA STUDY
• Initial Stud 2002-0030 Potentially Less Than Less Than No
Y 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
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.
M. Wheel washers maybe 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
0726102 Page
2002-0029.IS-MND.7-25-02.wrg
CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2002-0030 Potentially Less Than Less Than No
•
Significant Signiricantwith 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 ❑
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 ❑ ❑ ® El
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 El ® •
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 E] ® ❑ ❑
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
Plan,or other approved local, regional,or state habitat
conservation plan?
SOURCES: 11/20/01 Kit Fox/Biological Survey by Sierra Delta Corp., 11
Element EIR, GIS Maps /27/01 Botanical Survey by
Sierra Delta Corp., 5/13/02 Arbor Tree Surgery Arborist Report, Project description,site visit, Land Use
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
07126ro2 Page 4
'59
ZCH 2002-0029.IS-MN0.7-25.02.wrtd.
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
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 the project:
a) Cause a substantial adverse change in the ❑ D F
significance of a historical resource as defined in
'15064.5?
b)Cause a substantial adverse change in the
significance of an archaeological resource pursuant to
'15064.5?
C)Directly or indirectly destroy a unique paleontological El El R
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
outside of formal cemeteries?
SOURCES: Phase 1 Archaeological Assessment CA Signer&Associates 11/27/01, Project description,
site visit, Land Use Element EIR
• DISCUSSION: th
5a-d. The project site was used a quarry by the railroads at the late 19 century and again in the
1930's. Consequently any archaeological resources that may have existed on the site have been
Page 5 •- �� "
0726!02 ZCH 2002-0029.IS-MND.7-25-02.h
N",
NJ 5
����
CITY OFATASCADERO
INITIAL STUDYInitial Study 2002-0030 Potentially Less Than Less Than No
•
Significant Significant with Significant
Zone Change 2002-0029 Impact Mitigation Impact 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 Ela
adverse effects, including the risk of loss, injury,or El
involving:
1) Rupture of a known earthquake fault, as ❑
delineated on the most recent Alq uist-Priolo El El
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? ❑ ❑ ❑
to) Result in substantial soil erosion or the loss of ❑ ❑ ® ❑
P
c) Be located on a geologic unit or soil that is unstable, ❑ ❑ ® El
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 E] El
of the Uniform Building Code(1994),creating
substantial risks to life or property?
e) Have soils incapable of adequately supporting the ❑ ❑ ® ❑
use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
SOURCES: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.
!l l
0728/02 Page 6
ZCN 2002.0029.IS-MND.7-25-02.wm
CITY OFATASCADERO
,�•' 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
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 E E
environment through the routine transport, use, or
disposal of hazardous materials?
b)Create a significant hazard to the public or the El
0 El
• 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 D
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 El E El INI
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
e)For a project located within an airport land use plan
area or,where such a plan has not been adopted,
within two miles of a public airport or public use airport,
would the 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-1 ❑ n
would the project result in a safety hazard for people
living or working in the project area?
g) Impair implementation of or physically interfere with El F] El M
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
62
07!16!02 Page 7 ZCH 2002-002*3 JS-h1ND.7-25-02:
J r
•�.� CITY OFATASCADERO
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 Ma
2002-
00
P 14
2000
Ferrocarril Road
where wildlands are adjacent to urbanized areas or
where residences
are intermixed with wlldlands?
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
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 ® ❑ El
site or area, including through the alteration of the
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 El El
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
07/26102 Page 8 U
ZCH 2002.0029.IS-MND.7.25.02.wrrlda
CITY OFATASCADERO
INITIAL STUDY
• Initial Stud 2002-0030 Potentially Less Than Less Than n No
Slgniricant Signiflcantwith Signiricant 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 ® ❑
drainage systems or provide substantial additional
sources of polluted runoff?
f)Otherwise substantially degrade water quality?
g) Place housing within a 100-year flood hazard area ® El
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 El V\J
flooding as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami,or mudflow?
El VN
14 La Y D.. Lvs.
9 iM.U �7
J
j w:y rJ
«Y.Y•A r.r �/�r
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of flood
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vt)4
07/26102 Page 9
-
ZCH 2002-0029.IS-MND.7-25-02.wmf.
iN
CITY OFATASCADERO
IMTTAL ST UDy
Initial Study 2002-0030 Potentially Less Than Less Than •
Significant Significant with Signiric nt Impact
Zone Change 2002-0029 Impact Mitigation Im act
P
Conditional Use Permit 2002-0067 Incor oratio P
n
Tentative Tract Map 2002-0014
2000 Ferrocarril Road
SOURCES:Well Completion Report 2-7-02 Central Coast Drilling, GIS FEMA Maps, Project description,
on,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. Tliis 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 ❑
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
„ M
07rz6102 Page 10
ZCH 2002-0029.IS-MN0.7-25.02.wmf.J
CITY OFATASCADERO
a 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 EJ ® F1
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
in excess of standards established in the local general El V_N El
plan or noise ordinance, or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive ® E] El
ground-borne vibration or ground-borne noise levels?
c)A substantial permanent increase in ambient noise El n
levels in the project vicinity above levels existing
without the project?
d)A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above levels
existing without the project?
e) For a project located within an airport land use plan
or,where such a plan has not been adopted,within two VN
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
- v
Page 11
0726/02 ZCH 2002-0029.IS-MND.7-25:02.wrr.....,..-
sc.ogo
- � CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2002-0030 Potential) •
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.
11 c. 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 e/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
VN
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
elsewhere?
c)Displace substantial numbers of people, •
necessitating the construction of replacement housing ❑ ❑ ❑
07/2&02 Page 12
ZCH 2002-0029.IS-h1ND.7.25.nwmt.d,_
CITY OFATASCADERO
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.
XIII. 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? ❑ ❑ ® ❑
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 ❑ IF-111 ❑
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 ❑ El ® F-1require the construction or expansion of recreational
facilities that might have an adverse physical effect on
07rz6102 Page 13
2CH 2002-0029.IS-MND.7-25-U.wrt1.&_
n
L
CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2002-0030 Pocentiau •
Y Less Than Less Than No
Zone Change 2002-0029 Significant Significantwith significant Impact
Conditional Use Permit 2002-0067 Impact Incorporation
aeon Impact p
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 5.7
6 acre open
space
Parcel
and bikeway 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
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 El EI
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) ❑ VON❑
or incompatible uses (e.g., farm equipment)?
e)Result in inadequate emergency access?
El ❑ ❑
f)Result in inadequate parking capacity? ❑ ❑ ❑
g)Conflict with adopted policies, plans,or programs F] ❑ ❑
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
OU26= Page 14
2CH2O02.0029.IS-hiN0.7-25-02.wrd. -
bpi^ CITY OF ATASCADERO
INITIAL STUDY
• Initial Study 2002-0030 Potentially Less Than Less Than
No
Significant Signiricantwith 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 El 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? El El
• b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities,the construction of which could cause
significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities,the construction of which could cause
significant envrronmental effects?
d) Have sufficient water supplies available to serve the El El n
project from existing entitlements and resources, or VN
are new or expanded entitlements needed?
e) Result in a determination by the wastewater
treatment provider that serves or may serve the project El 1:1
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 ® E
capacity to accommodate the project's solid waste
disposal needs?
g)Comply with federal, state, and local statutes and El E
regulations related to solid waste?
SOURCES: Project description, site plans.
• DISCUSSION:
16a. The project will be served by on site septic systems. No impact.
Page 15
07R6IO2 ZCH 2002-0029.IS-MND.7-25-02.wrrd.
CITY OFATA SCADER0
INITIAL STUDY
Initial Study 2002-0030 Potentially Less Than Less Than
No
Significant Signiricant with 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 •
limited, but cumulatively considerable? ("Cumulatively ❑ F] ❑
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. i
10. Project description: includes:
07/26102 Page 16
ZCH 2002-0029.IS-MN0.7-25-2.wmf.dx
EARN
CITY OFATASCADERO
IM77AL STUDY
• Tentative tract map
Writtenro'ect description
p ) Iptlon
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
•
07126/02 Page 17 _ •_ ,�
ZCH 2002-0029.IS-MN0.7.2S02.wmf.
City Council Resolution A
December 10,2002
• Exhibit B: APCD Letter
AIR POLLUTION
CONTROL DISTRICT RECEIVED
COUNTY OF SAN LUIS OBISPO
AUG`2 1 2002
COMMUNITY DEVELOPMENT
August 19,2002
Warren Frace
City of Atascadero
Community Development Department
6500 Palma Avenue
Atascadero,CA 93422
SUBJECT:- Negative Declaration Comments for the Gearhart Ferrocarril Road Residential Suburban
Subd ai01 AT-ro ec 2OOO erroearr l Roa Atascadero
4� 3
..�
W.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 Plan of Development to allow a 16 lot single family residential suburban
subdivision on an approximately 38.5 acre site with approximately 6 acres of open space and 1.3 dwellings
having 2.5 acre minimum,lot sizes.
GENERAL,..
The first Land.Use Planning Strategy in the District's Clean Air Plan'(CAP)is"Planning Come a,ct.
Communities". 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
eoiririients regardmg;tfie'proposal:;
SPECIFIC COMMENTS
Commendations
District staff evaluated.the potential,operational project impacts by running the URBEMIS-2001 computer
model,a tool for estimating vehicle travel,fuel use and the resulting emissions.related to this.land use
project. The results of the modeldemonstrated that operational impacts will likely be close to the CEQA
mitigation threshold value of lO lbs of emissions per day..In an effort to mitigate the incremental
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•805,781-5912•FAX:805-781-1002
inf6@slocleanairorg * www.slocleanairorg
t6 printed on recycled paper
City Council Resolution A
December 10,2002
Gearhart Ferrocarril Road Residential Suburban Subdivision Project i
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 Itein.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 dustcontrol measures during the
project construction phase will minimize the air quality 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 onvlectrical supply and reduce emissions at the powerplant source.
• Increase attic and wall>insulation beyond Title 24 requirements
• Use builviii energy efficient appliances
• Use double paned'wiridows `
• 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 telecommuting,feleconferencing,and teleleaming to occur simultaneously
at several locations throughout the homes.
CAUTIONS
r ow fgl: g 1 4g i r> E`abQgt thi deuelopfntrit pcfisject:
1. =Asbestos
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 projectwould 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
` tltri �
City Council Resolution A
December 10,2002
• 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 fine department authority, The applicant is
required to furnish 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 requirements,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 exposures to toxic diesel emissions from the train engines,particularly if engines were to idle
in that location: Since this area is likely single tracked,trainswillnot likely remain in the area for
extended periods of time and therefore,the risk.and 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 me at 781-5912.
Sincerely,
<: Andy l�lut2rger,.
Air Quality Specialist, .
cc: David Dixon,APCD Engineering Division
Tim Fuhs,APCD Enforcement Division.
Karen Brooks,APCD Enforcement Division
i
AJM/lmg
HA01S\P AN\RESPONSEi2538.doc
•
Y6
City Council Resolution A
December 10,2002
Exhibit C: Atascadero Mutual Water Company Letter •
3005 EL CAW O REAL • P.O.BOX 5973 • ATASCADERO CA 93423 • MM 456.2429
A kasWew MuUW Water Company
September 11,2002
Mr.Warren Race SEP 1 Z MO,
City of Atascadero
Community Development Department
6500 Palma Avenuer
Atascadero,CA 93422
Subject: 2000 Ferroc:am7 Road/De Anza Estates
TTM 2002-0014
Dear Warren: •
At their September 4,2002 meeting,the AMWC Board of Directors provided us with
additional direction 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 sWprassion and domestic uses. Therefore,the Board Moomrnends
Mat 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 are providing you with the following conditions of
approval intended to mitigate the envimnmental impacts of the prtrject.Note that Condition
Nos.2 and 3.o exclude both septictanks and within t50-feet of the northerly tract
boundary. It is does not appear practical to install 50-foot sanitary seals on the private wells
due to the relative shallowness of the aquifer. The 150-foot setback reduces the potential for
contamination of tie 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 fire
suppression uses.If annexation into the AMWC service area falls 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 shalt 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 tract boundary that expressly prohibits construction of septic systems or wells.
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
projecL
•
u.'
City Council Resolution A
December 10,2002
• warier,t=race
09/11/02
De Anza Estates
Page 2 of 3
3. The applicant shall record instruments separate from and concurrent with the final map
that discloses thefollowing to all properly Owners within the subdivision,:AMWC"I
for
review and approve the m and c ontent of the inst umants 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 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 wrli result from operations on the River Parcel that produce
intermittent and continuous noise and dust. Other activities will indude the
drilling of wells,excavation of reoovery 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
well wsM 150-4eet of the northerly trad boundary.
D. The possible ftrture 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 web within the
subdivision or transfer of water between properties within the subdivision,
• 4. Ail proposed trail acoria points on to AMWC property,the Salinas River or the o AnA a
trail shall include appropriate signage and vehk;ular barriers to prevent property
v 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 W system
Ac cM to AMWC property
re the
wham proposed
roadway is 0Xftu0u tract boundary shall be:
controlled in a manner consistent with other access points to AMWC property.
In addition to the conditions of.appmval Bated above that are required to ff the
environrnentdl impacts of The project the folly t conditions of approval related to
tentative tract map should be incorporated into the project
ss
1. The applicant shalt provide a 30-foot wide access and water maim Basemen# as
Pai 1 of Parcel Map AT 01-060 recorded in 56-PM-37 in the office
of the County
Recorder(APN 49-281-005). The easement shall parallel,more or less,the easterly
boundary of Parcel 1. The easement shall be bmz ded 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 rnodh by the northwesterly boundary of Parcels 1 and
2. The easement shall connect the existing dirt roadway on the diver Parcel(APN 49-
o11-001)to the existing access and water main easement across Parcel 1 and Parcel 2
that benetrts AMWC
- ci
City Council Resolution A
December 10,2002
Warren Frace •
09/11/02
De An=a Estates
Page 3 d 3
2. The applicant shall retain the existing 50-100t wide access and water min easement that
benefits AMWC across Parcel l and Parcel 2 bf Parcel Map AT 01-050. Said map is
recorded in 56-PM-37 in the office of the County Recorder(APMs 49-291-005-024)-
Recording of the final map shall 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 easernent to AMWC
across the proposed subdivision. The easement shall follow the roadway alignment
shown on tentative map.
4. The applicant shalt provide 10-foot wide water line easements W AMWC. The
easements shall be parallel to the side lot tines 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
i
AMWC.
S. The applicant shag provide an access and water main 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 Paafic Railroad right-of-way to gain access to the property east of the
tracks.
6. All acus 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
.subdiviston. The easements shag benefit AMWC and all future property owners of the
River Parcel or subdivisions thereof. The applicant shall not place restrk dons on the
access rights granted by the easements required by these conditns of approval such •
as,but not limited to,prohibitions against hauling hazardous materials or large equipment
or hours of use.
Respectfully yours,
`� B.Nell
Director of Operations
9
City Council Resolution A
December 10,2002
Exhibit D: Upper Salinas-Las Tablas Resource Conservation District Letter
VpperSafinas-Las 4'a6las source Conservation(District
65,Kain Street,Suite 108,Tempfeto C[9346S/(805)434-0396e4 4/fax434-0284
RECEIVED
AUG 22 2002
Erosion Control c4s5istanee Pco9rgm COMMUNITY DEVELOPMENT
August 20,2002
Community Development Department
City of Atascadero
6500 Palma Avenue
Atascadero,CA 93422
• RE: Review of Zone ChangKUP,Applicant:Kelly Gearhart ZCH 2002-0029/CUP 2002-0667
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 large area of Atascadero west of Traffic Way.
We are working in a cooperative program withthe City,State Fish and Game,Regional Water
Quality Control Board,State Water Resources Control Board,NRCS;the Monterey Bay National
Marine Sanctuary and others:to determine meastlres to red"ute eiosRid ;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
•
City Council Resolution A
December 10,2002
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. It is 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 in the Salinas River.
REVISED SUMMARY OF OUR CONCLUSIONS:
��f� ��k��tP cl"~tine fire e�€ael=xiber ores=t� :Q*red Gradin
p ms need io be suhEuz#� t f the liropose roadways and possible future building sites.
Z.. The site drainage should address the increased runoffto the Salinas River: Itis
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. The site layout,if redesigned for cluster of homes,couId
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
onal J.Funk
erector
cc
Dave highland;Dept of Fish and Game
2
• 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;
i and,
6 t�
Draft Ordinance A
December 10,2002
Page 2 of 4
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on November 5, 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 December 10,
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 Chante 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 December 10, 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 31St day after its final passage.
Draft Ordinance A
December 10,2002
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:
Mayor
Attest:
• Marcia McClure Torgerson, City Clerk
Approved as to form:
Roy A. Hanley, City Attorney
•
b8
Draft Ordinance A
December 10,2002
Page 4 of 4
Exhibit A: Zone Change Map •
ZCH 2002-0029
Existing Zoning: RS/P
Proposed Zoning: RS(PD-16-2)
2000 Ferrocarrii
APN 049-023-030,049-291-016,049-291-005
`> .
PD 16-2
..:
•
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�l C
• ATTACHMENT 5: 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 November 5, 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,
•
Ub�
Draft Resolution B
December 10,2002
Page 2 of 15
WHEREAS, the Atascadero City Council, at a Public Hearing held on December 10, •
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 December 10, 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
•
e
Draft Resolution B
December 10,2002
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
•
Draft Resolution B
December 10,2002
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 200240067 /Monitoring Measure
PD-16-2 Overlay 2000 Ferrocarril PS:PbwigSWAM
BL:Buri m Lberse Bs:B A&g Services
GP:Graig Pemd FD:Fre Deparhnert
BP:Bukig Pemi PD:Poice Depa trat
FI:Frd Irspecbm CE cty&V—
TO:TwpM Ocmparq
V—TO:TerrporaryOcaparq WW Wasteezter
F0:Frd Ocapwq CA Cty Aft"
"
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.
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
Draft Resolution B
December 10,2002
Page 5 of 15
• Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0067 /Monitoring Measure
PO-16-2 Overlay 2000 Ferrocarril
Ps:Phmig services
BL Bum=Lice w Bs:BUUV SWAM
GP Gadng Perrrt FD:Fre Depa6nert
BP:Brig Pwa PD:Pcice Depatrat
Fl:Ftd hTecion CE Cly Env"
T0:TertWW0c 4_q WMdewler
F0:FM Oc Awq CA GbjM W
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 re-vegetation 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 re-vegetation 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.
I. On-site vehicle speed shall be limited to 15 mph for
any unpaved surface.
Draft Resolution B
December 10,2002
Page 6 of 15
Conditions of Approval Timing Responsibility Mitigation •
CUP 20024)067 /Monitoring Measure
PD-16-2 Overlay 2000 Ferrocarrii PS:Nan Swio=
BL:Dm)=licer= BS:BLidng Services
GP:G ddng Permt FD:Fre Depatrort
BP:&"V Permt PD:Poke Depa hent
FI:Frd Uspec6on CE cty&9—
TQT-Owary0c PM WW Wastewater
Fa.Frd 0=parq Ck CtyPltorrey
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.
18. Locate outdoor living spaces out of direct line-of-sight with IP PS 11.a.2.
the railway to the extent possible. •
f
- L,f
l
Draft Resolution B
December 10,2002
Page 7 of 15
• Conditions of Approval Timing Responsibility Mitigation
CUP 200240067 /Monitoring Measure
PD-16-2 Overlay 2000 Fer ocarril Ps:PhT#V Swkw
BL BusnM UCWM BS:WIV Services
GP:Grad V Penni FD:Fre Deparh ert
BP:Baking P" PD:Poice Departrr at
FI:Frd Irrspecbw CE:Cly Ergmu
TO:TerrpwaryOcayaxy WuVMdewder
F0:FnA Ow4rM CA CIyAft-q
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 with stucco siding and concrete or On Going PS 11.a.4.
tile 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 145-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
would 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
Draft Resolution B
December 10,2002
Page 8 of 15
Conditions of Approval Timing Responsibility Mitigation •
CUP 200240067 /Monitoring Measure
PD-16-2 Overlay 2000 Ferrocarril Ps.Pkf gSer M
BL:BusiM UMN BS:Bii&g SWXN
GP:Cradng Purl FD:Fre Depa trart
BP:&i3ig Parti PD:Poice Depatwt
FI:Frd kWectian CE Cty BWW
T0:T-9way O=Pwq W.Wastewater
FO:Frd OwAwq cA Ctym may
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 145-
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-
•
Draft Resolution B
December 10,2002
Page 9 of 15
EXHIBIT B:Site Plan Sheet 1
CUP 2002-0067: PD-16-2 Master Plan of Development
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Draft Resolution B
December 10,2002
Page 10 of 15
EXHIBIT B:Site Plan Sheet 2 •
CUP 2002-0067: PDA 6-2 Master Plan of Development
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Draft Resolution B
December 10,2002
Page 11 of 15
•
EXHIBIT C Statistical Summary of Project
CUP 2002-0067: PD-16-2 Master Plan of Development
..........................................................................................................................................
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
AG
Draft Resolution B
December 10,2002
Page 12 of 15
•
EXHIBIT D: Arborist Report page 1
CUP 2002-0067: PD-16-2 Master Plan of Development
[0.19V—Rrj.v
r-PW
N802 PASO ROBLES STREET PASO ROBLES,CALIFORNIA 93446 805 �7 42
ARBOR
TREE SURGERY FILE
Date: 5/13/02 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:
I) 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
r-97
Draft Resolution B
December 10,2002
Page 13 of 15
• EXHIBIT D: Arborist Report page 2
CUP 2002-0067: PD-16-2 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
December 10,2002
Page 15 of 15
• EXHIBIT E:ELEVATIONS AND COLOR AND MATERIALS
CUP 2002-0067: PDA 6-2 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 3l+/- 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 •
g (Public)
(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 November 5, 2002, studied and considered Tentative Tract Map 2002-0014, after first
studying and considering the Draft Mitigated Negative Declaration prepared for the project;
and, •
i� �
Resolution C
December 10,2002
• WHEREAS, the Atascadero City Council, at a Public Hearing held on December 10,
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 Map, 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
•
X02
Resolution C
December 10,2002
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
December 10,2002
Exhibit A:Tentative Tract Map Sheet 2
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Resolution C
December 10,2002
• Exhibit B: Improvement Plans: Offsite Access Easement
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Resolution C
December 10,2002
Exhibit B:Improvement Plans:Street Improvement Plans
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December 10,2002
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December 10,2002
Exhibit B: Improvement Plans:Street Improvement Pians •
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Resolution C
December 10,2002
• Exhibit 0: Improvement Plans:Street Improvement Plans
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Resolution C
December 10,2002
Exhibit B: Improvement Plans:Street Improvement Plans •
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Resolution C
December 10,2002
EXHIBIT C:Arborist Report Page 1
• TTM 200240014
EiVED
JUN 5`:'. 2002
FY ®P E:JT•
802 PASO ROBLES STREET PASO ROBLES,CALIFORNIA 93446 805 42
ARBOR
TREE SURGERY
Date: 5/13/02 FILE C
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 arelabeled on the
accompanying map in an Fast 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
s
:..�.2
Resolution C
December 10,2002
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,
Steven G.Alvarez
Certified Arborist#0511
Arbor Tree Surgery,
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Resolution C
December 10,2002
EXHIBIT D:Conditions of Approval •
TTM 2002-0014
Conditions of Approval Timing Responsibility Mitigation
Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Map 2002-0014 FM:Frd Map
GP:Grating Pwd PS PFarrtg Services
SP:Wdrg Perm BS:&idrg SwAm
T0:Twpor Ompancy FD:FreDepArart
F0:Fid O=pwq PD:Poice Depa hent
IP:krPumi rt Pbm CE cly Fi*W
NAM Mdewater
CA QyAttwxy
AMNC:Atascadero
Mtual Nater 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
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
Resolution C
December 10,2002
Conditions of Approval Timing Responsibility Mitigation
• Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Ma 2002-0014 FM FMM3p
Map GP Cyadg Pard PS:PbTig Services
BP:DJ&g Perini BS:BUKV Services
T0:Tenparay 0ca{ay FD:Fre Depahert
F0:Fid 0=parxy PD:Poice Deparhncrt
IP Irrpro`Wat Plays CE Cly Erdnm
NMl:Nlasteardter
CA CtyPttaiw
ANN:PtascWn
Mhd iMater Ca TM
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 with an emergency IP PS/CE
only connection to Ferrocarril Road as shown on Alternative
2 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
approved project re-vegetation 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
Resolution C
December 10,2002
Conditions of Approval Timing Responsibility Mitigation
Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Map 2002-0014 FNt Frd Map
GR aa&g Parti PS:PWrnig Sevicm
BP ai6g Permt BS:&i3g SwAm
TQ Tempaay o=A_q FD:Fre Depatrat
FQ Fni omWq PD:Peke Depabw t
IP.Irtpraemat Plan CE Cty
BVrw
W.wa water
CA CtyAdaM
M"V"er carpary
grass seed and watered until vegetation becomes
established.
G. All disturbed areas not subject to re-vegetation 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.
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. .
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
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
Resolution C
December 10,2002
Conditions of Approval Timing Responsibility Mitigation
• Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Map 200240014 FNt Rd Map
GP:Graying Peart PS:Plamig Services
BP&6*v Penni BS:Bddng Serkm
Tp.Terryaay Owpy FD:Fre Depaftert
FO:Frd Ow4x rq PD:Poice Departwt
IP:Improvernat Plans CE Cly Ervw
W Wastewater
Ck CtyPIIcrney
AN=:Atascadero
Mtual Water Oartgany
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 and vibration 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 with 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 145-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.
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. Private wells are subject to failure.
b. AMWC operates community water wells on the
parcel adjacent to the subdivision (the "River
X
Resolution C
December 10,2002
Conditions of Approval Timing Responsibility Mitigation
Ferrocarril Road De Anza Estates /Monitoring Measure •
Tentative Tract Map 2002-0014 FNt Frd Map Ps:PlamigSmices
GP:GrAV Perrtd
BP&ddr g Perrot BS:&fig Serkm
T0:Tmporary 0cmpwq FD:Fre Depa trat
For.Fret 004w Ly PD:Poke Depafiiert
IP:Inpravenert Plxs CE Cly Erqw
WAC Wastewater
CA Cly Aft-W
NvM:Atascadero
Akttual Water Company
Parcel") and that operation said community wells
would have influence over and interfere with the
private wells constructed on the lots within the
subdivision.
c. 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.
d. The existence of an easement that prohibits
construction of septic systems or wells within 145-
feet of the northerly tract boundary.
e. The possible future uses of the River Parcel that •
could include residential subdivisions, public parks
or other uses.
f. 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
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
Resolution C
December 10,2002
Conditions of Approval Timing Responsibility Mitigation
• Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Ma 2002-0094 FM:FrdMep
Map GP:Graig Pant PS:Planing SwAm
BP:DA&g Part BS:&fig Swxm
T0:Temporary O=Fam FD:Fre Depatrat
F0:Frd Ocmpwq PD:Poke Depa brat
IP:Im mmert Plans CE:Cty En*w
VOt.Wastewater
CA CiyPltaiey
AWX:Atascadero
NUA WaterCurp"
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.
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
is
be placed on the access easement.
t
Resolution C
December 10,2002
Conditions of Approval Timing Responsibility Mitigation
Ferrocarril Road De Anza Estates /Monitoring Measure •
Tentative Tract Map 2002-0014 Fre:FrdMap
GP:Gra&gPerrrt PS:PbmmServices
BP:Wft Pwt BS:&tag Swkm
To T-PMO-V-"+y FD:Fre Depatrat
FO:Frd Oc pwq PD:P*e Depxbwt
IP:h"Affvt Pbm CE Cly E
1A Wastewater
CA Cry Plt-W
PlaM/C:Ptascafto
M.t d Water cWM
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 be 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 be 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
47. Grading and Drainage Plans shall be submitted with the IP CE
Tract Improvement Plans. These plans will conform to all
State and Local standards.
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 11 requirement. The Regional Water Quality Board
shall approve a Storm Water Pollution Prevention Plan.
Wastewater •
12
Resolution C
December 10,2002
Conditions of Approval Timing Responsibility Mitigation
• Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Map 20024)014 Flt Frd Map
GP:G adrig Permt PS:Pbrrig Services
SP:aildng Pant B4:&irig Services
TQ TmPm o=Vam FD:Fre Dgwt rui
F0:Feel Ocmpwq PD:Poice Depa brat
IP:Irrprae Ut Plans CE cty Fng w
NAM Wadewdter
CA CtyAft-ey
AWX:Abscadwo
Mhml Water Caagarry
49. Septic Systems will be designed in accordance with Section IP CE
8-2.103 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
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.
y��
Resolution C
December 10,2002
Conditions of Approval Timing Responsibility Mitigation
Ferrocarril Road De Anza Estates /Monitoring Measure •
Tentative Tract Map 2002-0014 FR.Frd Map
GP:Ga*V Pmt PS Planning S"M
BP-.DJUV Pot es:Buldg SwAm
To T-Paam ocaparxy FD:Fre Depatrat
Fa.FnA ocaparxy PD:Poke Depa twt
IP:Inpro rat Plans CEclY
NMI:Wadwder
CA CtyAda m
4M/C:Ptascadero
Mtual Water Carrpary
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 there 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
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.
X43
Resolution C
December 10,2002
Conditions of Approval Timing Responsibility Mitigation
• Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Map 200240014 FM:Frd Map
GP:GrackV Perot PS:Pbn ig SwAm
BP.BA&V Perot 6,4:a idrg Swkm
To T-PMO=Parry FD:Fre Ogwtrat
FO:Fid ocaWq PD:Polm Deparh W
IP-.IrtP VW"t Pbes CE Cly Ergmw
VM-.Wadewder
CA ClyPltaM
ANM:Xa=Klero
NiAd Water Omparry
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
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 waterline FM CE/AMWC
easements to AMWC. The easements shall be parallel to
r7 ;j
Resolution C
December 10,2002
Conditions of Approval Timing Responsibility Mitigation
Ferrocarril Road De Anza Estates /Monitoring Measure •
Tentative Tract Map 200240014 FM FrdMap
0P:prd&V Pe mt PS:Ph"V Satices
BP:Brig PW t BS:&"V Smites
TO Temporary 0capa q FD:Fre Depa bwt
F0:Frd Ompancy PD:Paice Depatrat
IP:hpmvemet Phns CE:Cty Bxjrw
M,Wastevrater
CA CtyAdam
AMC:Atascad=
M&d Water Caryary
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.
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
t/"and one 2'/2"outlet in a location approved
Resolution C
December 10,2002
Conditions of Approval Timing Responsibility Mitigation
• Ferrocarril Road De Anza Estates /Monitoring Measure
Tentative Tract Map 2002-0014 FM:Frd Map
GP:Gradrg Peart PS:Pbm"SWkW
BP:Buldrg Perrot a4:Bukig SWM
TO:Twww ocapaxy FD:Fre Depahnert
For.FrdOcapaxy PD:PawDepahrrert
IP:h p ae Wt Plays ce ctY Er*W
WW:Wastewater
ort OyAltarrsy
AWX,Ptascadero
M dWateroartpay
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
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.
•
yj�
ITEM NUMBER: C-1
DATE: 12/10/2002
iais� � i zs a
• C"
Atascadero City Council
Report - City Clerk Marcia McClure Torgerson
City Council Meeting Minutes
RECOMMENDATION:
City Council direct the City Clerk to continue to list in the minutes all documents submitted by the
-public during Council meetings that are either read into the record or referred to in their
statement, and file all the listed documents in the City Clerk's office.
DISCUSSION:
The City Council initially directed the City Clerk at their July 9, 2002 meeting to bring back the
• issue of City Council meeting minutes and what documents should be attached. A member of the
public had expressed to the Council her concern that all documents submitted during a Council
meeting were not being attached to the minutes, and were subsequently not part of the record.
The minutes of a Council meeting are only part of the record of that meeting. The "record" of a
project/issue is all of the information collected by the City concerning that project/issue. For
example, the record of a project may include the Community Development file, the Public Works
file, meeting minutes, Council correspondence pertaining to the project/issue, etc.
On August 13, 2002, the City Council directed the City Clerk to list in the minutes all documents
submitted by the public during Council meetings that are either read into the record or referred to
in their statement, and file all the listed documents in the City Clerk's office. Since that Council
decision, there have been a few members of the public voicing their displeasure with this change in
procedure. There was Council consensus on November 26, 2002 to bring this issue back to the
Council for discussion and possible action.
Atascadero does not have a written policy concerning the format of Council meeting minutes. The
Atascadero Municipal Code states that the City Clerk is "...responsible for recording and
maintaining a record of Council proceedings..." Historically, for at least the last twelve years, the
City Clerk has noted in the minutes the submittal of, and attached to the minutes, a copy of any
prepared statements that were read into the record and any document a citizen referred to in their
statements to the Council (neighborhood petition, photographs, etc.). The original is filed in the
• City Clerk's office. Any other documents received by the City Clerk during the meetings have
127
ITEM NUMBER: C- 1
DATE: 12/10/2002
been considered Council correspondence and are copied to each Council Member in their next
day's mail. •
The City Clerk contacted the other cities in San Luis Obispo County to review their minute
preparation process. All six cities do not attach a copy of any statements submitted at Council
meetings. The submitted documents are noted in the minutes (i.e. "Letter concerning Item #13-1
from Jane Doe, dated April 8, 2002"), and filed in the City Clerk's office.
The Council action of August 13fi' directed the City Clerk to eliminate the process of attaching a
copy of submitted documents, but to continue noting the submittal in the minutes and continue to
keep the original on file. This method has streamlined our process in Atascadero. The public still
has access to the submitted documents and the documents will be part of the record for their
project/issue.
FISCAL IMPACT: A small cost savings in staff time and permanent record paper.
ALTERNATIVES:
1. The City Council may direct the City Clerk to attach to the minutes a copy of those
documents read into the record of the meeting or referred to by a speaker.
2. The City Council may direct the City Clerk to attach to the minutes all documents •
submitted during a meeting. Attaching documents that were not read or referred to during
the meeting will not reflect a true record of the meeting.
28
ITEM NUMBER: C-2
DATE: 12/10/2002
19A. , lot .'
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Atascadero City Council
City Manager's Office
Information Bulletin
A. City Council Strategic Planning Program
The City Council Strategic Initiatives this year are:
❑ Affordable Housing
❑ City Council and Commission Preparedness
❑ Downtown
❑ Economic Development Plan
Staff provides periodic updates of progress made on the initiatives. The summer was primarily
focused on completing the General Plan and the Customer.Service Center improvements. The
• following information provides an update on the progress for each initiative.
Affordable Housing The City Council has begun requiring affordable units in new projects. No
formal programs have been developed. The City Council identified affordable housing as a
significant community concern. The General Plan Housing Element contains a variety of
programs, which will address affordable housing. The Element has been submitted to the State
Department of Housing and Community Development for approval. Once comments are received
from the State they will be reviewed with the Planning Commission and City Council to refine the
programs. Approval of the Housing Element could be stalled with the County Regional Housing
Needs Allocation numbers and the adoption process through the San Luis Obispo Council of
Governments.
City Council and Commission Preparedness Material regarding public officials ethics, Smart
Growth and housing have been distributed to the Council and Commissions. Staff updated the
Candidate Manual for City Council candidates and produced a City Council handbook.
Additional training material will be provided as it becomes available.
Downtown Staff has concentrated on the downtown parking facility and streetscape
improvements. As these projects get underway, staff will identify potential further projects and
facilitate a City Council study session to identify next steps. A staff member and two Main Street
representatives attended a workshop on attracting Downtown Retail. The City paid for the
registration and travel for the workshop. Staff continues to work with Main Street to produce
their events. The staff contact is the Deputy Executive Director of the Redevelopment Agency.
129
ITEM NUMBER: C-2
DATE: 12/10/2002
Economic Development Plan Staff is preparing a draft plan with the assistance of a variety of
stakeholders in the economic development field. This will provide a clear program of acceptable
standards and targets for the community. Once a plan is drafted it will be presented to Council
for public and Council input. The final version would be adopted by the Council and include
action plans for implementation.
City Council Strategic Plan The strategic planning workshop will be held January 28 and 29. As
part of the strategic planning effort, department heads prepare brief presentations and updates
describing the organizational structure, services provided, current trends and future goals of their
respective departments. These presentations will be made at tonight's meeting and the meeting of
January 14`h to provide Council with current information prior to the strategic planning workshop.
A notebook of handouts and presentation slides used will be provided to each Council Member.
These presentations will be made as meeting time permits.
130