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HomeMy WebLinkAboutAgenda Packet 03/11/2003 19i$ 197-9CITY OF A TASCADERO CITY COUNCIL AGENDA TUESDAY, March 11, 2003 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4t" Floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. • COUNCIL CLOSED SESSION: (Immediately following Redevelopment Agency Meeting and Closed Session) 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a) Conference with legal counsel- Existing litigation (Govt. Code Sec. 54956.9 (a)) 1. Environmental Center of SLO v. City of Atascadero 2. Creekside Associates v. City of Atascadero 3. Adjourn 4. CLOSED SESSION REPORT REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Luna ROLL CALL. Mayor Clay Mayor Pro Tem Luna Council Member Scalise Council Member O'Malley Council Member Pacas INTRODUCTIONS: COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Recognition of outgoing Planning Commissioner, Jonelle Norton 2. Proclamation declaring March 20, 2003"Absolutely Incredible Kid Day" 3. Proclamation declaring March 2003 "Red Cross Month" 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 ora 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. CitV Council Minutes — February 25, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of February 25, 2003. [City Clerk] • 2 2. 2002 Audit Report ■ Fiscal impact: None. ■ Staff recommendation: Council review and accept the audit report for the fiscal year ended June 30, 2002. [Administrative Services] 3. Commission Appointments ■ Fiscal impact: None identified. ■ Staff recommendation: Council: 1. Adopt, on second reading by title only, the draft Ordinance amending the Atascadero Municipal Code relating to the appointment of members of the Planning and the Parks and Recreation Commissions; and, 2. Adopt the draft Resolution outlining procedures for implementation of the Ordinance concerning appointment of members of the Planning and the Parks and Recreation Commissions. [City Manager] 4. Residential Second Unit Code Text Amendment-Zone Change 2003- 0039 ■ Fiscal impact: None. ■ Staff recommendation: City Council adopt on second reading, by title only, the draft Ordinance, amending the Zoning Ordinance to allow second units in the RSF-Y Zoning district subject to performance standards. [Community Development] 5. Facility Use Agreement with Atascadero Girls Softball ■ Fiscal impact: Minor savings to the City resulting from maintenance responsibilities performed by Atascadero Girls Softball. Staff recommendation` Council authorize the City Manager to execute a Facility Use Agreement between the City of Atascadero and Atascadero Girls Softball. [Community Services] 6. Final Map-Atascadero Ave. (Gearhart) ■ Fiscal impact: None. ■ Staff recommendations: Council: 1. Accept Final Parcel Map 2001-0006(Tract 2415); and, 2. Authorize City Manager to execute Subdivision Improvement Agreement. [Public Works] B. PUBLIC HEARINGS: 1. Zone Change 2000-0008, Master Plan of Development (CUP 2000- 0024) — Vesting Tentative Tract Map 2001-0011, 6340 Alcantara Ave. (Russell/Sholders) ■ 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 Mitigated Negative Declaration 2002- 0049; and, 2. Introduce for first reading, by title only, Ordinance A approving Zone Change 2000-0008; and, 3. Adopt Resolution B, approving Conditional Use Permit 2000-0024 for the Master Plan of Development subject to findings and conditions of approval, amending the affordable housing condition# 15 to a seven-year deed restriction; and, 4. Adopt Resolution C, approving Vesting Tentative Tract Map 2001-0011, subject to findings and conditions of approval.jCommunity Development] 3 2. Cost Allocation Plan and Fee Study • Fiscal impact: Potential increased revenue to fund capital replacement and essential City services. Actual revenue increases are dependent on fees adopted. ■ Staff recommendation: Council accept public comment and provide direction to staff to return the item for the next Council agenda with an implementing ordinance for consideration of adoption. [City Manager] C. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given,as felt necessary.): Mayor Clay 1. Water Committees 2. County Mayor's Round Table Mayor Pro Tem Luna 1. Finance Committee 2. Integrated Waste Management Authority(IWMA) Council Member Scalise 1. Atascadero State Hospital Advisory Board 2. Local Agency Formation Commissions(LAFCO) 3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority(SLORTA) Council Member O'Malley 1. Finance Committee • 2. City/Schools Committee 3. Air Pollution Control District(APCD) 4. Economic Vitality Corporation, Board of Directors(EVC) Council Member Pacas 1. City/Schools Committee 2. Atascadero Youth Task Force D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager 4 • E. 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 March 11, 2003 Regular Session of the Atascadero City Council was posted on March 4, 2003 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 4"' day of March 2003 at Atascadero, California. M G(� Marcia McClure Torgerson, City Cler City of Atascadero • 5 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the • Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk (Room 311) and are available for public inspection during City Hall business hours at the Central Receptionist counter and on our website, www.atascadero.ora. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (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. "ABSOL UTEL Y INCREDIBLE KID DA Y" MARCH 20, 2003 WHEREAS, March 20, 2003, has been declared by Camp Fire USA, a national youth development organization, Absolutely Incredible Kid Day@, and WHEREAS, Camp Fire USA commemorates its Seventh annual Absolutely Incredible Kid Day® on this date; and WHEREAS, as part of the celebration of children on this day, adults are encouraged to send letters of love and appreciation to young people in their lives; and WHEREAS, that as the Camp Fire USA mission pledges a firm commitment to building caring, confident youth and future leaders, an extension of that commitment is handed to caring adults through this event to express their feelings in a letter or note which has the profound ability to make a lasting and positive impact on the children in our country; NOW, THEREFORE, BE IT PROCLAIMED by the City Council of the City of Atascadero our support for Camp Fire USA's Absolutely Incredible Kid Day@ And, therefore, urge all adults — moms and dads, grandparents, aunts and uncles, teachers, mentors and other adults alike— to participate in Absolute Incredible Kid Day® and make a difference in the life of a child. Camp Fire USA encourages all adults to compose a letter on this Absolute Incredible Kid Day® and deliver them to the children of the City of Atascadero, California on March 20, 2003. WITNESS THE OFFICIAL SEAL OF THE CITY OF ATASCADERO • Jerry L. Clay, Sr., Mayor City of Atascadero March 11, 2003 ct tt�l "RED CROSS MONTH" MARCH 2003 WHEREAS, The American Red Cross is a humanitarian organization led by volunteers with a mission to provide relief to victims of disaster and to help people prevent, prepare for, and respond to emergencies; and WHEREAS, today, in a collaborative effort with the federal government and members of the emergency planning community, the San Luis Obispo County Red Cross and its partners launched a bold new initiative, Together We Prepare. Aimed at empowering individuals and families to protect themselves, the San Luis Obispo County Red Cross encourages residents to help make their homes and community safer by making a plan, building a kit, getting trained, and volunteering. WHEREAS, the San Luis Obispo County Red Cross has served the community since 1917, providing disaster relief to victims of wildfires, floods, and hazardous materials incidents, providing disaster preparedness education, emergency services and communication to the military and their families; providing CPR and First Aid training; and providing volunteer opportunities and youth involvement to the.citizens of • this County; and WHEREAS, American Red Cross volunteers stand poised to respond to kr,al, national, and international emergencies should the need arise. Those who are victims of disaster, are military personnel or family members, or those looking to prepare for the unexpected, rely on the San Luis Obispo County American Red Cross. Compassionate and caring people, who want to make a difference in San Luis Obispo County and across the nation, channel their support through the American Red Cross. NOW, THEREFORE, 1, the Mayor, on behalf of the Atascadero City Council do hereby proclaim March 2003 as American Red Cross Month. As we celebrate American Red Cross Month, l call upon all our citizens of Atascadero to become partners in preparedness with their local Red Cross chapter and to become active participants in advancing the noble mission of the°Red Cross. WITNESS THE OFFICIAL SEAL OF THE CITY OF ATASCADERO Jerry L. Clay, Sr., Mayor City of Atascadero March 11, 2003 ITEM NUMBER: A-1 DATE: 03/11/2003 isi$ ■ 1-97-9 CITY OF A TASCAD ERO CITY COUNCIL DRAFT MINUTES TUESDAY, February 25, 2003 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. COUNCIL CLOSED SESSION: 1. PUBLIC COMMENT - CLOSED SESSION • 2. Call to Order - a) Conference with legal counsel - Existing litigation (Govt. Code Sec. 54956.9 (a)) 1. Environmental Center of SLO v. City of Atascadero 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced there was no reportable action taken. REGULAR SESSION: 7:00 P.M. Mayor Clay called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. • CC 02/25/03 Page 1 U V ITEM NUMBER: A-1 DATE: 03/11/2003 ROLL CALL: Present: Council Members Scalise O'Malley, Pacas Luna and Mayor Clay • Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Community Development Director Warren Frace, Information Technology Director Andrew Fruin, Public Works Technician Valerie Humphrey, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. APPROVAL OF AGENDA: MOTION: By Council Member Scalise and seconded by Mayor Clay to approve an amended agenda with Item #A-4 pulled for consideration at the next City Council meeting. Motion failed 2:3 by a roll-call vote. (O'Malley, Pacas and Luna opposed) MOTION: . By Mayor Pro Tem Luna and seconded by Council Member • Pacas to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Recognition of outgoing California Transportation Advisory Committee (CTAC) representative, Dennis Schmidt. Mayor Clay presented the award to Dennis Schmidt; Mr. Schmidt thanked Council, the City, his boss and his family for their support and spoke about his work on CTAC. 2. Introduction of Lt. John Hough, Atascadero Police Department by Chief Dennis Hegwood. Chief Hegwood presented Lt. Hough to Council and spoke about his experience and background. • CC 02/25/03 - 04 2 u ITEM NUMBER: A- 1 DATE: 03/11/2003 COMMUNITY FORUM: Ray Jansen, 6655 Country Club Drive, read his letter to the editor expressing his views on terrorism and war. Myra Douglas, 8005 EI Rutero Avenue, spoke about De Anza Day, March 4 t and invited the Council to walk a section of the Juan Bautista De Anza national historic trail, next Tuesday. (Exhibit A) Susan Brown, 1000 South River Road, representing the Literacy Council of San Luis Obispo, thanked Council for their support last year and requested it be continued for this year. Mayor Clay closed the Community Forum period. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member O'Malley asked to discuss at a future meeting the issue of mixed-use zoning and the ordinance needed to implement it; this would be to give staff some Council input in drafting the ordinance, but would not involve a vote and would be agendized under Management Reports. . Community Development Director Frace indicated that this item would be brought before the Planning Commission at their next meeting for consideration of a draft ordinance. He suggested bringing this item back to the Council after the Planning Commission meeting, including the Commission's recommendation, and then Council could give staff direction on how best to bring it before Council. There was further Council discussion in support of allowing this issue to proceed according to City protocol, and subsequently Council Member O'Malley withdrew his request. Mayor Clay announced that he spoke to Paso Robles Mayor Mecham concerning the homeless shelter issue. Mayor Clay asked him for financial support for the North County shelter being proposed in Atascadero and other issues of mutual cooperation were discussed. 1. Official Invocation at City Council Meetings — Discussion and Direction ■ Item comes before City Council at its own direction for discussion, without specific recommendation either for or against the policy. City Attorney Roy Hanley gave the staff report and answered questions of Council. • CC 02/25/03 Page 3 �I ITEM NUMBER: A- 1 DATE: 03/11/2003 PUBLIC COMMENT John Davis Pastor Christ Chapel, stated that he and the other clergy i p gy n Atascadero would be very glad to lead the Council in prayer. Council Member O'Malley asked Pastor Davis if he felt clergy would prefer to limit their invocations to the parameters set by the City at a preset time or to have the freedom to design their own prayer during the Public Comment period. Pastor Davis answered that he would be glad to present these options to the other clergy and report back with their answer. Joan O'Keefe, 9985 Old Morro East, stated she supports clergy speaking at the public comment period of the Council meetings. She said she supports the separation of church and state. Ray Jansen observed that Jesus was quite adamant in condemning people who spoke in public about their faith and admonished them to do their praying in private. Also he shared a prayer closing he prefers. Ellen Beraud, 9608 Morro Road, stated she does not support combining prayer with politics. Mayor Clay closed the Public Comment period. Mayor Clay suggested moving the Public Comment to after the Pledge of Allegiance. • Y Y 99 9 9 9 There was Council discussion on this issue. MOTION: By Council Member Scalise and seconded by Council Member O'Malley to rearrange Council agendas to have Public Comment immediately follow Introductions and that the City send a letter to the Ministerial Association letting them know of this change to the Council's agenda and that the City would offer them, as a courtesy, to be the first speaker during Public Comment. Motion passed 4:1 by a roll-call vote. (Luna opposed) 2. Commission Appointments ■ Staff recommendation: Council: a. Introduce for first reading by title only the draft Ordinance, amending Section 2- 9.02 and Section 2-13.03 of the Atascadero Municipal Code relating to the appointment of Planning Commission Members and Parks and Recreation Commission Members; and, b. Direct selected Council Members to appoint Commissioners and the City Council approve the appointments. City Manager Wade McKinney gave the staff report and answered questions of Council. • CC 02/25/03 . , Page 4 ITEM NUMBER: A- 1 DATE: 03/11/2003 • PUBLIC COMMENT Bill Bright, 11875 Santa Lucia, stated he supports the removal of Commissioners by a majority of the Council Mayor Clay closed the Public Comment period. MOTION: By Council Member O'Malley and seconded by Mayor Clay to accept the staff recommendations as stated with the following amendments... Mayor Clay recessed the hearing at 8;23 p.m. Mayor Clay called the meeting back to order 8:30 at p.m. MOTION: By Council Member O'Malley and seconded by Mayor Clay to introduce for first reading by title only the draft Ordinance, amending Section 2-9.02 and Section 2-13.03 of the Atascadero Municipal Code relating to the appointment of Planning Commission Members and Parks and Recreation Commission Members with the following amendments: • Section 2-9.02: The terms of appointment for the pp directly appointed members of the Planning Commission shall be four years and expire on December 31, or until the appointing Council member vacates office. Section 2-9.02: in the event that the appointing City Counr.11 member has YaGated effiGe the appointment shall be made by of the � aGa Gibe f eunnil member in the event that }I�e vr-crr�-�crvut�-vrc�--.vvarrv-n--rrrcrrrsa member.�rrcrr�cT �e unril position has not been file TaEi QtCtl--b'�y—V$wrrvr-Pararcrvn—rncc-a—rr0'��accr�rrrcd---by appointment ent or eleGtion an ointment to the •e.+Gat upFBTn crr�-rr�vrcrcvrr , rrrrrcrrrcrrc-cv--arra-ravac vv n1 ovn term +-may,entireu d esJ- ave to bei made y a majority-votes-of � tGounGi1. Ansi sunh appointment shall be for the remainder of that unevnired term Section 2-9.02: Two (2) members shall be appointed by a majority vote of the entire Council. Those two positions shall be appointed for terms of two years commencing Cebr,.nr.e 2005 January 1. 2005 and expiring December i CC 02/25/03 •� Page 5 u V ITEM NUMBER: A-1 DATE: 03/11/2003 Section 2-13.03: The terms of appointment for the directly appointed members of the Parks and Recreation Commission • shall be four years and expire on da-nuary 31- December 31, or until the appointing Council member vacates office. Section 2-13.03 in the event that the appointing b`it`e reune'1 membeF has vaGated effiGe the appointment shall bee --ade by the rite• Coune•il member appointed or eleGteed to fulfill the ter 0 e • aGattin 4y r it member In the event that the City ..@tF1�r--rrrcn-ra appointment nt or eleet%e�j an appointment to Itr IV a-t.a- J ``6'``1ommm�'rssi+on t -Flea , --no�•i�ewye� j� have b ••r!ac+�-ptrt' a m to f emir it Any- shall n.� e...e.h eppeintmep� „Taffy--vet�ert#e ��.,-e-6 e�as���. shall he fGF the remainder of that unexpired term Section 2-13.03: Two (2) members shall be appointed by a majority vote of the entire Council. Those two positions shall be appointed for terms of two years commencing €eiFuFary !t 2005 January 1. 2005 and expiring january 31, 2007 December Motion passed 5:0 by a roll-call vote. NOMINATION: By Mayor Pro Tem Luna of Joan O'Keefe to the Atascadero • Planning Commission. NOMINATION: By Council Member Pacas of Ellen Beraud to the Atascadero Planning Commission. NOMINATION: By Council Member Scalise to re-appoint Grigger Jones to the Atascadero Planning Commission. MOTION: By Council Member O'Malley and seconded by Mayor Clay to accept these appointments. Motion passed 5:0 by a roll-call vote. NOMINATION: By Mayor Pro Tem Luna to re-appoint Rick Mathews to the Parks and Recreation Commission. NOMINATION: By Mayor Clay of Lou Coppo to the Parks and Recreation Commission. Council Members Scalise and Pacas chose to wait on nominating a candidate at this time. • CC 02/25/03 i Page 6 ITEM NUMBER: A- 1 DATE: 03/11/2003 • MOTION: By Mayor Pro Tem Luna and seconded by Mayor Clay to approve the two nominations. Motion passed 5:0 by a roll-call vote. There was Council consensus to direct the City Clerk to advertise for the two vacant positions to the Parks and Recreation Commission and to have applicants fill out an application and supplemental questionnaire. A. CONSENT CALENDAR: 1. City Council Minutes - February 11, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of February 11, 2003. [City Clerk] 2. January Disbursements -January 2003 Accounts Payable & Payroll ■ Fiscal impact: $1,470,463.34. ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for January 2003. [Administrative Services] 3. Request for Designation of the Integrated Waste Management Authority as Atascadero's Local Enforcement Agency ■ Fiscal impact: None. ■ Staff recommendation: Council adopt draft Resolution, withdrawing the designation of the San Luis Obispo County Health Department, Division of Environmental Health, as Atascadero's Local Enforcement Agency, and approving the designation of the San Luis Obispo County Integrated Waste Management Authority as Atascadero's Local Enforcement Agency. [City Manager] 4. Zone Change 2002-0031- 9105 & 9127 San Diego Road (Mehring / Twin Cities Surveys) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. ■ Staff recommendations: City Council introduce for second reading by title only, and adopt the draft Ordinance, enacting Zone Change 2002-0031; and amend the City's Zoning Map to add a PD-16 overlay district to the project area. [Community Development] City Clerk Marcia McClure Torgerson pulled Item #A-4 and handed out the correct ordinance for Council consideration. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept Items #A-1, 2 and 3. Motion passed 5:0 by a roll-call vote. (Item #A-3 Resolution No. 2003-005) • Item #A-4: Council Member Scalise stated that there is confusion over staffs interpretation of what the Planning Commission recommended to the City Council, CC 02/25/03 Page7 �� ITEM NUMBER: A- 1 DATE: 03/11/2003 Mayor Clay suggested sending this issue back to the Planning Commission for clarification. There was Council discussion on this item. • MOTION: By Mayor Pro Tem Luna and seconded by Council Member Pacas to introduce for second reading by title only, and adopt the draft Ordinance, enacting Zone Change 2002-0031; and amend the City's Zoning Map to add a PD-16 overlay district to the project area. Motion passed 3:2 by a roll-call vote. (Scalise and Clay opposed) B. PUBLIC HEARINGS: 1. Development Impact Fee Adjustments • Fiscal impact: Actual revenues are not estimated; they will offset expenses associated with providing services to new development. ■ Staff recommendation: Council accept public comment and provide direction to staff to return the item for the next Council agenda with an implementing ordinance for consideration of adoption. [City Manager] Assistant City Manager Brady Cherry gave the staff report and answered questions of Council. He explained that he would conduct this item as a study session for the Council. Mr. Cherry introduced Scott Thorpe, Senior Vice President of Revenue and Cost Specialists, the consultant who prepared the impact fee report for Council. Scott Thorpe discussed development impact fees in detail and answered questions of Council. PUBLIC COMMENT Will Mehring, 11190 Santa Lucia, asked for clarification on several items covered in the proposal. Don Ritter, Pino Solo Avenue, expressed his view that the taxpayers have been subsidizing homebuilders over the last few years due to the lowered fees. Lee Gustafson, 885 Wild Oats Way, Templeton, addressed the commercial aspect of impact fees. Jeff Borges, Templeton, stated he had purchased property on EI Camino Real with the intent of building houses in the $250,000 to $275,000 range. He is concerned that the fees may punish the majority of the people who cannot afford a median house price in the community. Dean Coker, 9360 Atascadero Avenue, urged the Council to carefully study the impact of impact fees. • CC 02/25/03 Page 8 U.1 0 ITEM NUMBER: A- 1 DATE: 03/11/2003 • David Harrell asked for clarification on the some of the statistics within the proposal. Robert Fonzi, 7888 Sinaloa, asked if the Council could look carefully at the circulation figures contained in the proposal, and the impact on planned unit developments. Mayor Clay closed the Public Comment period. Mr. Thorpe answered the questions asked by the public. Council Members gave staff direction as to specific items they would like addressed during staff's next presentation on this issue. Mayor Clay recessed the hearing at 10:38 p.m. Mayor Clay called the meeting back to order at 10:46 p.m. 2. Residential Second Unit Code Text Amendment - Zone Change 2003- 0039 ■ Fiscal impact: None. ■ Planning Commission recommendation: City Council introduce for first reading, by title only, draft Ordinance A amending the Zoning Ordinance to allow second units in • the RSF-Y Zoning district subject to performance standards. [Community Development] Council Member Pacas announced that she would be stepping down on this item, as her parents own four lots within the new SFR-Y Zone that will be affected by this ordinance. Community Development Director Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Joan O'Keefe, 9985 Old Morro Road East, expressed her concern with second units and the required septic systems and their impact on existing trees. She also explained to the Council what the Planning Commission discussed. MOTION: By Mayor Pro Tem Luna and seconded by Council Member O'Malley to continue the meeting past 11:00 p.m. Motion passed 4:0 by a voice vote. Joanne Main, 8940 San Gabriel Road, encouraged the Council to approve this amendment. • Jerry McDaniel stated he supports this amendment. CC 02/25/03 Page 9 ITEM NUMBER: A-1 DATE: 03/11/2003 Mayor Clay closed the Public Comment period. • MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to adopt the staff recommendation with the change of returning the enclosed parking back to covered or enclosed. There was Council discussion regarding the issue of septic systems for second units. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to introduce for first reading by title only, the draft Ordinance amending the Zoning Ordinance to allow second units in the RSF-Y Zoning district subject to performance standards, with the following amendment: change of returning the enclosed parking back to covered or enclosed. Motion passed 4:0 by a roll-call vote. (Pacas abstained) C. MANAGEMENT REPORTS: 1. Legislative Priorities 2003 ■ Fiscal impact: None. ■ Staff recommendation: Council: 1. Adopt draft Resolution A establishing the City's legislative priorities for 2003; and, 2. Adopt draft Resolution B providing for a voluntary payroll deduction for Action for Better Cities. [City Manager] City Manager Wade McKinney explained this item to the Council and introduced Dave Mullinax, Regional Representative of the League of California Cities. Mr. Mullinax explained the League's Grassroots Program and asked the Council to approve the proposed Resolutions. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to adopt the draft Resolutions as recommended by staff. Motion passed 5:0 by a roll-call vote. (Resolutions No. 2003-006 and 2003-007) 2. CDBG Annual Allocation ■ Fiscal impact: Available funds are estimated at$227,674 for the 2003 cycle. ■ Staff recommendation: City Council forward to the County Board of Supervisors allocation recommendations for the 2003 Community Development Block Grant (CDBG)funds. [Public Works] Administrative Assistant Valerie Humphrey gave a brief staff report and answered questions of Council • CC Pa e10 /03 012 9 ITEM NUMBER: A- 1 DATE: 03/11/2003 PUBLIC COMMENT • Joan O'Keefe discussed the revolving loan fund, the two loans currently under consideration, and the remaining funds still sitting at HUD. She urged Council to consider using the money available for a worthy project where it would otherwise be difficult to come up with the needed funds. Mayor Clay closed the Public Comment period. MOTION: By Council Member Scalise and seconded by Council Membep O'Malley to approve the recommendation for the 2003 Community Development Block Grant Funds as presented by staff. Motion passed 4:1 by a roll-call vote. (Clay opposed) D. COMMITTEE & LIAISON REPORTS: None E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council • Mayor Pro Tem.Luna asked staff to look into the charging of development fees on county properties that will use City services. There was not Council consensus. F. ADJOURNMENT: Mayor Clay adjourned the meeting at 11:52 p.m. to the next regularly scheduled meeting on March 11, 2003. 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 - Myra Douglas, De Anza Day letter • CC 02/25/03 016 Page 11 ITEM NUMBER: A-2 DATE: 03/11/2003 R ■i ■11 1 ■ 1918 1976 Atascadero City Council Staff Report— Administrative Services Department 2002 Audit Report RECOMMENDATION: Council review and accept the audit report for the fiscal year ended June 30, 2002. DISCUSSION: The firm of Moss, Levy and Hartzheim performed the audit and a representative of the firm will be at the Council meeting to present the audit. General Fund • As expected, 2001-2002 was another good financial year for the City of Atascadero. The City continued to see strong growth in revenues. General Fund revenues came in at $12,750,393, which exceeded budget projections by almost $238,000. Continued strong building activity accounted for most of this revenue variance. General Fund expenditures and transfers came in at $11,374,318, which was significantly under budget. The variance in expenditures was caused by several factors including position vacancies, the timing of some grant expenditures and the timing of various capital expenditures. The City had budgeted an unreserved fund balance of almost $2.9 million dollars at June 30, 2002, however with the excess revenues and vacancy savings, the unreserved fund balance came in at over $3.2 million. This increase in the reserve is in accordance with the Council's financial strategic plan. The reserves set aside in these good economic times will help sustain us through the more uncertain economic times ahead. Other Funds In fiscal year 2001-2002, the City spent almost $3,600,000 on capital expenditures. Some of the expenditures included the purchase of the Youth Center, the Azucena Drainage Project, the purchase of a new fire engine, the Suggested Routes to School Project, the Traffic Way Storm Drain Project, the El Camino Bikeway II Project, the start of the Atascadero Road Program projects and the Santa Ysabel Project, various building improvement projects, and the continuation of technology and vehicle replacement. • ATTACHMENT: Financial Statements for the Year Ended June 30,2002 4 ITEM NUMBER: A-3 DATE: 03/11/2003 a rap, o tt Y9i8 19 9 Atascadero City Council Staff Report- City Manager's Office Commission Appointments RECOMMENDATIONS: City Council: 1. Adopt, on second reading by title only, the draft Ordinance, amending the Atascadero Municipal Code relating to the appointment of members of the Planning and the Parks and Recreation Commissions; and, 2. Adopt the draft Resolution outlining procedures for implementation of the Ordinance concerning appointment of members of the Planning and the Parks and Recreation • Commissions. DISCUSSION: Background: This issue was first addressed by the City Council at its strategic planning sessions. Staff was directed to create amendments to the Atascadero Municipal Code creating a procedure for the direct appointment of five members and the majority appointment of two at- large members of the planning and parks and recreation commissions. At the council meeting of February 25, 2003, after hearing public testimony as well, the council made amendments to and then introduced for first reading by title only the attached ordinance. This matter now returns for second reading. The ordinance must have two readings to be passed. If any changes are made at this meeting, that will constitute a "first reading." If no changes are made, the ordinance may be adopted at this meeting. The ordinance will then be published, and it will be effective thirty days after its passage. The ordinance will be effective thirty days after adoption on second reading. Staff has also brought forward a proposed amended resolution governing the procedures used by staff and Council to implement the ordinance. The resolution does not require two readings. It can be amended as required at this council meeting. The resolution does not supercede the ordinance, but is intended to help staff follow procedures to comply with the new appointment methods. • 015 ITEM NUMBER: A-3 DATE: 03/11/2003 FISCAL IMPACT: • There have been no fiscal impacts identified on this issue. ALTERNATIVES: The Council may choose not to further address the problem by way of legislation. ATTACHMENT: 1. Draft Ordinance 2. Draft Resolution • DRAFT ORDINANCE • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION 2-9.02 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE APPOINTMENT OF PLANNING COMMISSION MEMBERS AND REVISING SECTION 2-13.03 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE APPOINTMENT OF PARKS AND RECREATION COMMISSION MEMBERS WHEREAS, the City Council of the City of Atascadero has previously adopted codes for the appointment of members to the Planning Commission and to the Parks and Recreation Commission; and WHEREAS, the City Council of the City of Atascadero finds that the following changes to the Atascadero Municipal Code are reasonably necessary to promote the health, safety and welfare of the citizens of Atascadero; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO does ordain as follows: . Section 1. Atascadero Municipal Code section 2-9.02 is amended to read as follows: 2-9.02 Members: Appointment: Terms of office. The City Council shall appoint members of the Planning Commission as follows: Two (2) members shall be appointed by a majority vote of the entire Council. Those two positions shall be appointed for terms of two years commencing February 1, 2005 and expiring January 31, 2007. Except as modified below the remaining five (5) members shall be directly appointed by each individual City Council Member in the February following the election at which the City Council member is elected. The terms of appointment for the directly appointed members of the Planning Commission shall be four years and expire on January 31. Appointments may be made after the commencement of a term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. In the event that a member at large (appointed by a majority vote of the entire Council) resigns or is removed, the vacancy shall be filled by a majority vote of the entire City Council. In the event that a member directly appointed by a City Council member resigns or is removed,the vacancy shall be filled by the individual City Council member that made the appointment of the resigning or removed planning commission member. In the event that the appointing City Council member has vacated office the appointment shall be made by the City Council member appointed or elected to fulfill the term of the vacating City Council member. In the event that the vacated City Council position has not been filled by appointment or election, an appointment to the vacated planning commission term may, but does not have to be, made by a majority vote of the entire Council. Any such appointment shall be for the remainder of that unexpired term. All members shall serve at the pleasure of the City Council and may continue to serve after expiration of the stated term, with the approval of the City • Council,until such time as a successor is selected according to the procedures set for the above. Section 2. Atascadero Municipal Code section 2-13.03 is amended to read as follows: 2-13.03 Members: Appointment: Terms of office. • The City Council shall appoint members of the Parks and Recreation Commission as follows: Two (2) members shall be appointed by a majority vote of the entire Council. Those two positions shall be appointed for terms of two years commencing February 1, 2005 and expiring January 31, 2007. Except as modified below the remaining five (5) members shall be directly appointed by each individual City Council Member in the February following the election at which the City Council member is elected. The terms of appointment for the directly appointed members of the Parks and Recreation Commission shall be four years and expire on January 31. Appointments may be made after the commencement of a term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. In the event that a member at large (appointed by a majority vote of the entire Council) resigns or is removed, the vacancy shall be filled by a majority vote of the entire City Council. In the event that a member directly appointed by a City Council member resigns or is removed, the individual City Council member that made the appointment of the resigning or removed commission member shall appoint a new Commissioner to fill the vacancy. In the event that the appointing City Council member has vacated office, the appointment shall be made by the City Council member appointed or elected to fulfill the term of the vacating City Council member. In the event that the vacated City Council position has not been filled by appointment or election, an appointment to the vacated commission term may, but does not have to be, made by a majority vote of the entire Council. Any such appointment shall be for the remainder of that unexpired term. All members shall serve at the pleasure of the City Council and may continue to serve after expiration of the stated term, with the approval of the City Council, until such time as a successor is selected according to the procedures set for the above. • Section 3. All other provisions and sections of the Atascadero Municipal Code in effect on the days preceding the passage of this ordinance shall remain in full force and effect upon passage of this ordinance. Section 4. This ordinance shall not be interpreted in any manner in conflict with controlling provisions of state law, including without limitation, the Constitution of the State of California. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. Section 5. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published one time in a newspaper of general circulation in the City. This ordinance is to become effective thirty(30) days from the date of adoption. • PASSED, APPROVED AND ADOPTED THIS 11TH DAY OF MARCH, 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Jerry L. Clay, Sr., Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney Gig DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING REVISED PROCEDURES FOR THE SELECTION OF COMMITTEE, COMMISSION AND BOARD MEMBERS WHEREAS, 1. The Atascadero City Council recognizes that citizen participation in local government plays an important and active role in the City of Atascadero; and WHEREAS,2. The Atascadero City Council has established committees, commissions and boards to assist in the conduct of municipal affairs; and WHEREAS, 3. The Atascadero City Council did adopt Resolution No. 35-81 on November 9, 1981 establishing selection procedures for committees, commissions and boards; and WHEREAS, 4. The Atascadero City Council did adopt Resolution No. 23-95 revision Resolution 35-81, establishing selection procedures for committees, commissions and boards; and WHEREAS, 5. The Atascadero City Council did adopt Resolution 23-97 revising Resolution 35-81, establishing selection procedures for committees, commissions and boards; and WHEREAS, 6. The Atascadero City Council desires to update and revise said selection procedures; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Purpose. The purpose of this resolution is to revise established procedures for the Council to follow in recruiting, selecting and appointing members to City committees, commissions and boards created pursuant to statute or by action of the City Council. Appointments and replacements will be made pursuant to the provisions of Government Code Section 54970 et seq., and the following. The City Council has ordained that appointments to the Planning Commission and to the Parks and Recreation Commission are to be made as follows: Five individual appointments and two at large appointments. The at large appointments are to be made by a majority vote of the City Council. SECTON 2. Recruitment Nomination, and Eli ig bility. Announcements of openings for any committee, commission or board to which members are appointed by the City Council will be coordinated by the City Clerk. Any person desiring to be considered for appointment to any City committee, commission or board may complete an application provided by the City Clerk. Applications are accepted year-round and shall remain on file for a period of one year from the • • date received. Applicants may be considered for future vacancies, for the specific committee, commission or board for which they applied, should a vacancy occur during the year. At any regularly scheduled or a special council meeting properly noticed for that purpose, any member of the City Council may also nominate a person to be considered for at large appointments to any City committee, commission or board. All applicants and nominees shall be a resident and registered voter of the City of Atascadero, and shall meet any announced additional criteria as established by the City Council. All appointees are subject to financial disclosure,pursuant to the Political Reform Act. SECTION 3. Interviews. All applicant and nominees meeting the criteria established in Section 2 may be interviewed by the City Council during a properly noticed meeting. Interviews, if held, will be open to the public. An individual council member is not required to interview candidates for individual appointments, but may do so if they wish. SECTION 4. Selection of at large members of the Planning Commission and the Parks and Recreation Commission, and of members of other commissions. a. Council members will vote for the candidate(s) of their choice by placing their name and circling the name of their selection(s) on a ballot form provided by the City Clerk. Candidates' names will be placed in alphabetical order on the ballot form. b. After the City Council has had an opportunity to make its individual determination, the City Clerk will collect the ballots and will announce first the Councilmember's name and second the name(s) of the candidate(s) of that Councilmember's choice(s). Results of each individual Councilmember vote will be a matter of public record. c. The candidate or candidates receiving a majority of the votes of the Councilmembers present shall be appointed. In the event that no candidate or candidates receive a majority vote or in the event of a tie vote, then a run-off ballot or ballots will be cast, following the procedure of sub-paragraph a. above. The run-off candidates will consist of all candidates receiving at least two (2) votes and if not more than one of the candidates have received at least two (2) votes, then all those receiving a least one (1) vote will participate in the runoff balloting. This procedure shall be continued until a majority vote is cast, or until a majority of the council votes to reopen nomination. In such event the matter may be tabled until the next regularly scheduled council meeting for further nominations. On motion by Councilperson seconded by Councilperson . the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia M. Torgerson, City Clerk Jerry L. Clay, Sr., Mayor Roy A. Hanley, City Attorney • n ; ITEM NUMBER: A-4 DATE: 03/11/2003 ■ a;® ■ ■ R seta is e • CAD Atascadero City Council Staff Report - Community Development Department Residential Second Unit Code Text Amendment Zone Change 2003-0039 RECOMMENDATION: City Council adopt on second reading by title only, the draft Ordinance, amending the Zoning Ordinance to allow second units in the RSF-Y Zoning district subject to performance standards. DISCUSSION: . The proposed project consists of zone code text change. The proposed zone change (ZCH 2003- 0039) would amend the existing ordinance to allow second residential dwelling units in the RSF- Y (residential single family 1-acre minimum) zoning district subject to performance standards and consistent with General Plan Program HOS 3.1.2. FISCAL IMPACT: None. ATTACHMENT: Draft Ordinance • Attachment: Draft Ordinance • DRAFT ORDINANCE AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2003-0039 TO AMEND THE ZONING ORDINANCE TO ALLOW RESIDENTIAL SECOND UNITS IN THE RSF-Y ZONING DISTRICT SUBJECT TO PERFORMANCE STANDARDS (ZCH 2003-0039: Second Units) WHEREAS, the City of Atascadero's 2025 General Plan has prioritized the provision of affordable housing; and, WHEREAS, the State of California has identified residential second units as an important means to providing affordable housing in single-family neighborhoods; and, WHEREAS,the General Plan contains Program HOS 3.1.2. that calls for the adoption of an ordinance allowing second units in the RSF-Y zoning district subject to performance standards; and, • WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 4, 2003 considered a recommendation to the City Council, and, WHEREAS,the Planning Commission has determined that it is in the best interest of the City to update the Zoning Ordinance to allow residential second unit to ensure the orderly provision of affordable housing throughout the community; 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, the Atascadero City Council, at a duly noticed Public Hearing held on February 25, 2003 considered the project and the Planning Commission's recommendation; NOW,THEREFORE,the City Council takes the following actions: • 0f:4 • SECTION 1. FINDINGS OF CONSISTENCY WITH 2002 GENERAL PLAN EIR 1. The proposed project has been analyzed adequately in the 2002 General Plan EIR pursuant to applicable standards and impacts have been avoided or mitigated pursuant to that EIR. SECTION 2. FINDINGS FOR APPROVAL OF ZONE TEXT CHANGE. 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly development of affordable housing throughout the community. 3. The zone change will not, in itself, result in significant environmental impacts. SECTION 3.APPROVAL. The Atascadero City Council, in a regular session assembled on February 25, 2003 resolved to introduce for first reading by title only an ordinance that would amend the Zoning Ordinance as • follows: 9-3.153 Conditional uses. The following uses may be allowed in the Residential Single Family Zone. The establishment of conditional uses shall be as provided by Section 9-2.109: (a) Churches and related activities (see Section 9-6.121); (b) Schools (see Section 9-6.125); (c) Mobilehome developments (see Section 9-6.143); (d) Skilled nursing facility, where the number of residents under care is greater than six (see Section 9-6.134); (e) Residential care, where the number of residents under care is greater than six (see Section 9-6.135); (f) Organizational houses; (g) Pipeline; (h) Bed and breakfast; (i) Caretaker residence (see Section 9-6.104); (j) The following uses where established in a residential structure of historical importance are satisfied: (1) Broadcasting studios, • (2) Business support services, (3) Libraries and museums, G 121 5 (4) Offices, (5) Personal services, • (6) School-business and vocational; (k) Kennels (see Section 9-6.1 1 1). (Ord. 68 § 9-3.153, 1983) (1) Residential Second Units (RSF-Y only) (see Section 9.6106) 9-3.154 Minimum lot size. The minimum lot size in the Residential Single Family Zone shall be twenty thousand (20,000) sq aFe feet with nnwnr, one-half (1/2) acre vv-reT"G--^Se^cw . is—"rv^+[ awe-and may range up to two and one-half (2%) acres. The size of a lot shall be consistent with the land use designation set forth in the General Plan and shall be indicated by the symbols set forth in the following chart, which shall be shown on the official zoning maps as provided by Section 9-3.104(d). Symbol Minimum Lot Size X-One-half ('/2) acre net area (excluding- land needed for street rights-of-way whether publicly or privately owned). Y One (1) acre net area (excluding land needed for street rights-of-way • whether publicly or privately owned) when seweFs aFe available-. One and one half H 13�) aeFes, Men seweFs aFe net available. Z One and one-half 0 %) to two and one- half (2Y2) acres based on performance standards set forth in this section. (a) Performance Standards. The following performance standards shall be evaluated for each lot which is appended with the "Z" symbol in determining its minimum lot size: (1) Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be: Distance1 Lot Size Factor I 0 -- 4000' 0.08 4000' -- 6000' 0.10 6000' -- 8000' 10.12 &'�_ • 1 . To be measured as radial distance using map maintained in the Planning Department. (2) Septic Suitability. Using generalized soils data from the Soil Conservation Service Reports, the lot size factor based on this performance standard shall be: SCS Rating1 Lot Size Factor Well suited 10.30 Moderate or slow 10.50 Severe 10.70 1 . Refer to map maintained in Community Development Department. Percolation tests may be substituted for the Soil Conservation Service Reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion chart shall be used to determine the appropriate lot size factor: Percolation Rating• (Minutes Per Inch i (Well suited Less than 20 Moderate 120 to 39 Slow 40 to 59 Severe IGreater than 60 (3) Average Slope. Using the Basic, Sectional or Contour.Measurement Method, the lot size factor based on this performance standard shall be: Slope Lot Size Factor 10 - 20% 10.30 21 -- 30% 0.50 31% + ' 0.70 (4) Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be: • Ut f. ConditionLot Size • Factor paved with slope of less than 15% or City-accepted 0.15 paved with slope of greater than 15% 0.20 all-weather surface with slope of less 0.25 than 15% all-weather surface with slope of 0.30 greater than 15% unimproved surface 0.40 (5) General Neighborhood Character. Using the average lot size of existing lots (except that lots larger than five (5) acres shall be excluded unless they constitute more than twenty-five (25) percent of the total number of lots) within a one thousand (1000) foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by 0.2. (b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section. (1) The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply, (2) If more than one lot size factor can be applied to a lot, the less restrictive factor shall be used. (3) Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor. (Ord. 184 § 2, 1989; Ord. 175 § 2 (part), 1988; Ord. 154 § 2, 1987; Ord. 152 § 2, 1987; Ord. 145 § 3 (part), 1987; Ord. 113 § 2 (part), 1985; Ord. 68 § 9-3.154, 1983) 9-6.106 Residential accessory uses. The standards of this section apply to the specific types of residential accessory structures listed. Agricultural accessory structures for the keeping of animals are subject to Section 9-6.112. (a) Accessory Greenhouse. An accessory greenhouse may occupy up to five hundred (500) square feet per dwelling unit or ten (10) percent of the site, whichever is smaller. Larger greenhouses are subject to Section 9-6.116 where allowed. A) Guesthouses. A guesthouse may be established as an aeeessory use to a residenceOnthe A,, RSA LSF, OFQ-rSF Zone as felloausa (1) Limitation on Use. A guesthouse as nGt t- be used for residential occupaney • of feoi-1 A n„ec+thn„cn is net to be used as n rlwnllir+ry unit fvrrtii'rtcalr- (2) LeeatTe'n. A guesthouses net to be Innat dywithin T'any F egU{i{ecl settbaek area. (3) Meters SepaFate meters are not allowed fnr n esthe„ses (b) Residential Second Units. A residential second unit may be established as an accessory use to a residence in the RSF-Y or LSF-Y zoning district as follows: (1 ) Lot Size: The net lot area shall be 1-acre minimum. (2) Sewer: The second unit shall be connected to City sewer where available. Secondary engineered septic systems may be approved by the City Engineer. (3) Water: The second unit shall be served by a public water supply. (4) Meters: Separate utilities meters may be installed for second units. (5) Floor area: The maximum residential floor area shall be 800 square feet. (6) Parking: One enclosed parking space shall be provided. (7) Setbacks: The same setback requirements of a primary residential dwelling shall apply to secondary units. (8) Appearance: The secondary unit shall be architecturally compatible with the Primary residential dwelling. (9) Grading: Site grading and native tree removals shall be minimized to the greatest extent possible. (10) The unit shall be compatible with the surrounding neighborhood. (c) Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment, may be located within any required side or rear setback, provided that they are no closer than eighteen (18) inches to a property line, and provided that they are fenced as required by Section 9-6.128. (d) Workshops or Studios. Any accessory structure intended solely or primarily for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc., is subject to the following standards when located in a residential zone: (1) Limits on Use. An accessory structure may be constructed or used as a workshop or studio in any residential zone solely for noncommercial hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors such as painting, photography or sculpture; maintenance or mechanical work on vehicles owned or operated by the occupants; for an approved home occupation; or for other similar purposes. (2) Floor Area. A workshop is not to occupy an area greater than fifty (50) percent of the floor area of the principal structure. (Ord. 68 § 9-6.106, 1983) 0 SECTION 4. EFFECTIVE DATE. • This ordinance shall be effective a 12:01 a.m. on the 31St day after its final passage. On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Jerry L. Clay, Sr., Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney U JU ITEM NUMBER: A-5 DATE: 03/11/2003 no a ■ �sran��i Atascadero City Council Staff Report- Community Services Department Facility Use Agreement with Atascadero Girls Softball RECOMMENDATION: Council authorize the City Manager to execute a Facility Use Agreement between the City of Atascadero and Atascadero Girls Softball. DISCUSSION: Atascadero Girls Softball is the primary user of the softball fields at Traffic Way Park. For several years, the Atascadero Girls Softball organization has been instrumental in the maintenance and upkeep of these softball fields and the adjoining concessions building and, over the years, has taken an active role in several field improvement projects. The Atascadero Girls Softball organization has maintained the infields of the two softball fields at Traffic Way and completed other maintenance requirements through a "handshake" partnership that has helped keep these softball fields in excellent condition. This unwritten partnership has been a benefit to both Atascadero Girls Softball and the City of Atascadero. It is now the desire of both organizations to enter into a written agreement to help clarify the responsibilities for each. This is particularly necessary due to the annual changes in board members for Atascadero Girls Softball. Essentially, staff is seeking assistance from Atascadero Girls Softball for the maintenance and upkeep of the softball fields at Traffic Way Park. In exchange for assistance with maintenance, Atascadero Girls Softball is seeking some assurances regarding field use. Atascadero Girls Softball seeks to be the priority user of the softball fields at Traffic Way Park during their season of play. The City benefits from this arrangement by reducing our staffing requirements to maintain these ball fields. The volunteer labor provided by the Atascadero Girls Softball organization saves the City an undetermined amount of manpower each year. Staff believes that the proposed agreement will also clarify the responsibilities of Atascadero Girls Softball. • Staff requests that the City Council authorize the City Manager to enter into the proposed Facility Use Agreement between the City of Atascadero and Atascadero Girls Softball. The City currently has similar agreements with Atascadero Little League and Babe Ruth Baseball. U:�1 ITEM NUMBER: A-5 DATE: 03/11/2003 On Thursday, February 20, 2003, the Atascadero Parks and Recreation Commission voted • unanimously to recommend approval of the draft Facility Use Agreement between the City of Atascadero and Atascadero Girls Softball. FISCAL IMPACT: The City will realize some minor savings resulting from the maintenance responsibilities performed by Atascadero Girls Softball. ALTERNATIVES: None. ATTACHMENT: Draft Facility Use Agreement • UJB DRAFT • AGREEMENT BETWEEN ATASCADERO GIRLS SOFTBALL AND THE CITY OF ATASCADERO This Agreement is made and entered into this date March 11, 2003, by and between the City of Atascadero, and the Atascadero Girls Softball, for the maintenance, upkeep and use of Traffic Park during the perie.d from March 1,2003 until December 31,2005. 1. PARTIES 1.1 City 1.1.1 The City of Atascadero, Atascadero, California, whose mailing address for notice under the terms of this Agreement is as follows: City of Atascadero Attn: Director of Community Services 6500 Palma Avenue Atascadero, California 93422 1.2 Atascadero Girls Softball/LESSEE 1.2.1 Atascadero Girls Softball, whose mailing address for notice under the terms of this Agreement is as follows: Atascadero Girls Softball P.O. Box 1402 Atascadero, California 93423 2. TERMS The term of this agreement shall begin on March 1, 2003. Subject to extension or sooner termination as hereinafter provided, this agreement shall continue for the term of three (3)years, with an option for 3 additional years upon mutual consent of both parties. 2.1 Obligations of Ataseadero Girls Softball 1. Infield material (dirt)maintenance from February 1 st until September 1 st each year, (including base pegs) and all associated costs, under supervision of the City of Atascadero Parks Maintenance representative. 2. Routine Custodial maintenance of the Snack Bar and Storage Room. 3. Remove all trash and litter from the playing field areas,parking lot and playground area and place in the trash receptacles provided after any field use. • 4. Prohibit and enforce the "No hitting into the fence"rule. 5. Immediately report any facility damage or vandalism to the City of Atascadero. 6. Limit restroom/snack-bar facility key distribution to coaches and board members only. AGREEMENT BETWEEN THE CITY OF ATASCADERO 1 AND ATASCADERO GIRLS SOFTBALL L a7 a� 7. Abide by,promote and enforce the tenants of the Atascadero Youth Sportsmanship Proclamation. (Attached) 8. During the priority use period, February 1"through September 1 St, Atascadero Girls Softball will coordinate scheduling of the Traffic Way Park Softball fields for use on • Sundays. Atascadero Girls Softball will maintain a signup calendar and schedule practices in two (2) hour blocks for all organizations that satisfy the City of Atascadero insurance and indemnification requirements. 9. Submit a Facility request form to the City of Atascadero requesting the fields for the end of season tournament when AGS receives the date as assigned by their governing body. A $100 cleaning deposit is required and will be refunded if the facility is left in an acceptable condition. AGS will supply their own field prep vehicle, chalk, pitching rubbers and any other tournament equipment. All tournament guidelines will be followed and will be reviewed with the AGS Tournament Director prior to the beginning of the Tournament. If the Paloma Creek Park Facility is not going to be used the AGS must contact the City of Atascadero at the close of their tournament registration deadline. 2.2 nhligations of the City of Ataseadern 1. Extend second priority use, behind Atascadero Unified School District, of the two softball fields at Traffic Way Park to Atascadero Girls Softball, free of charge, from February lst until September 1 st each year. Atascadero Girls Softball may reserve the two softball fields at Traffic Way Park during their priority use period for other organizations such as District level tournaments. 2. Year-around outfield mowing. Aeration, fertilizing and over-seeding when necessary. 3. Perimeter weeding and spraying of pre-emergent herbicide, including fence lines 4. Routine facility repairs to irrigation systems, bleachers, fencing,gates, etc. • 5. Empty Trash cans 6. Promote Atascadero Girls Softball annual sign-ups in the Atascadero Recreation Activity Guide. 7. Allow Atascadero Girls Softball to place a storage building at Traffic Way Park in a location determined by City staff. 8. Provide a list of organizations approved for facility use of the Traffic Way Park Softball fields on Sundays during Atascadero Girls Softball's priority use period. 9. Allow Atascadero Girls Softball use of the Paloma Creek Park softball Fields, at no cost, for the end of the season AGS All Star Tournament held annually the last weekend in May or the first weekend in June. AGS is allowed use of the two softball fields and the on-site concession stand(unless occupied by a City of Atascadero contracted concessionaire) on Saturday and Sunday of the tournament weekend. 3. INDFMNIFICATION7 Atascadero Girls Softball hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Atascadero Girls Softball or any of Atascadero Girls Softball's employees' or agents' negligent operations or failure to perform under this agreement, whether such operations be by Atascadero Girls Softball or by any one or more persons directly or indirectly employed by, or acting as agent for, Atascadero Girls Softball. • AGREEMENT BETWEEN THE CITY OF ATASCADERO 2 AND ATASCADERO GIRLS SOFTBALL 4. INSURANCE • Atascadero Girls Softball shall not commence its services under this agreement until they have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Public Liability andProperty Damage Insurance Atascadero Girls Softball shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this contract, whether such operations be by Contractor or by anyone directly or indirectly employed by contractor and the amounts of such insurance shall be as follows: (1) Public LiabilitTlnsurance. In an amount not less than $1,000,000-00 for injuries, including, but not limited to death to any one person and, subject to the same limit for each person, in an amount not less than$500,000-00 on account of any one occurrence; (2) Property Damage Insurance_ In an amount of not less than $ 500,000.0(1 for damage to the property of each person on account of any one occurrence. • b. Proof of Insurance_ Atascadero Girls Softball shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty(30) days'prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability of insurance shall name City as an additional insured with the Atascadero Girls Softball. 5. TERMINATION OF AGREEMENT 5.01 TERMINATION OF NOTICE Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least M days prior written notice to the other parties to this agreement. 5.02 TERMTNATTON ON OCCURRENCE OF STATED EVENTS- This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) The end of the M days as set forth in Section 4.01; (3) End of the contract to which Atascadero Girls Softball services were necessary; or (4) Assignment of this agreement by Atascadero Girls Softball without the consent of • the City. AGREEMENT BETWEEN THE CITY OF ATASCADERO 3 AND ATASCADERO GIRLS SOFTBALL 61015 5.03 TERMINATION BY ANY PARTY FOR T)FFATIT T• Should any party default in the performance of this agreement or materially breach any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. • 5.04. TERMINATION- This agreement shall terminate on December 31, 2005, unless extended as set forth in this Section. The City, with the agreement of the Atascadero Girls Softball, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement. 6. NON-EMPLOYMENT STATUS. It is understood and agreed by the parties hereto that Atascadero Girls Softball, while engaged in operation of the program(s) described herein and complying with the terms of this agreement, is and shall act as an independent contractor and is not an officer, agent or employee of the City, and officers, employees and agents of Atascadero Girls Softball are not entitled to any of the benefits of City employees. 7. ASSIGNMENT Atascadero Girls Softball shall not assign this agreement or any part thereof without the prior written consent of the City Administrator. 8. ALTERATIONS 8.01 Any alterations, additions, improvements or changes, that Atascadero Girls Softball may desire to make to the premises, shall be made at the LESSEE's sole cost and expense and in compliance with all applicable governmental requirements. All such alterations and/or improvements shall be made only after first submitting the plans and specifications thereof to the City and obtaining the consent of the City in writing. Any such alterations or improvements shall at once become a part of the leased premises and, unless the City exercises its right to require the LESSEE to remove any alterations that the LESSEE has made to the premises, shall be surrendered to the City upon the expiration or sooner termination of the agreement. 8.02 If the City elects to exercise its right to terminate this agreement prior to the termination date established here within, the City will reimburse Atascadero Girls Softball for all direct expenses of materials related to approved alterations and improvements, not including labor costs or the value of volunteer labor. Records and receipts shall be required for reimbursements. • AGREEMENT BETWEEN THE CITY OF ATASCADERO 4 AND ATASCADERO GIRLS SOFTBALL IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth opposite their respective names. • CITY OF ATASCADERO Date: WADE MCKINNEY, City Manager ATASCADERO GIRLS SOFTBALL Date: President,Atascadero Girls Softball ATTEST: Date: MARCIA TORGERSON, City Clerk • APPROVED AS TO CONTENT: Date: BRADY CHERRY, Director of Community Services APPROVED AS TO FORM: Date: ROY HANELY, City Attorney AGREEMENT BETWEEN THE CITY OF ATASCADERO 5 AND ATASCADERO GIRLS SOFTBALL �6 ITEM NUMBER: A-6 DATE: 03/11/2003 SIN I ■ iaia I 19 79 • CADERp/ Atascadero City Council Staff Report- Public Works Department Final Map 2001-0006 (Tract 2415) 13000 Atascadero Road (TTM 2000-0004) (Kelly Gearhart) RECOMMENDATIONS: Council: 1. Accept Final Parcel Map 2001-0006 (Tract 2415); and, 2. Authorize City Manager to execute Subdivision Improvement Agreement. • DISCUSSION: Tentative Tract Map 2000-0004 /Tract 2145 was approved by the City Council on April 10, 2001. The subdivision approved the division of a golf course driving range of 6.1 acres into four lots ranging in area from 1.5 to 1.6 acres. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. No offers of dedication are made on this map. Staff has determined that the Final Parcel Map is consistent with approved Tentative Tract Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Map 2001-0006 (Tract 2415) Exhibit B: Subdivision Improvement Agreement • Final Map 2001-0006 Page 1 of 2 �� , ITEM NUMBER: A-6 DATE: 03/11/2003 • Exhibit A Final Map 2001-0006(Tract 2415) 13000 Atascadero Road Kelly Gearhart .moi O a d e "_3 is 1 ti • Us WAVOY 101 i Hul 3 1 � a a A all • Final Map 2001-0006 Page 2 of 2 • FOR RECORDER USE ONLY RECORDING REQUESTED BY: City of Atascadero WHEN RECORDED MAIL TO: City Clerk City of Atascadero 6500 Palma Avenue Atascadero, CA. 93422 CITY OF ATASCADERO SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: • NAME OF SUBDIVIDER: Kelly Gearhart SUBDIVISION: Tract 2415 (Eagle Creek) ESTIMATED TOTAL COST OF IMPROVEMENTS: $156,885 This Agreement made and entered into by and between the City of Atascadero, a municipal corporation of the State of California (hereinafter referred to as "City") and Kelly Gearhart (hereinafter referred to as "Subdivider"). RECITALS A. Subdivider has presented to the City Council of the City of Atascadero Tract Map 2415 for approval but not all of the improvements required or conditions imposed by Title 11, Chapter 8 Articles 3 and 4 and Chapter 10 of the Atascadero Municipal Code have been completed or performed. B. Subdivider desires to record Tract Map 2415 after the same has been approved by the City Council of the City of Atascadero. C. The Subdivision Laws establish as a condition precedent to the approval of a parcel map that Subdivider must have either completed, in compliance with City Standards, all of the • improvements and land development work required by Tract Map 2415 or have entered 3/4/2003 Page 1 of 5 into a secured agreement with City to complete the improvements and land development within a period of time specified by City. . D. In consideration of approval of Tract Map 2415 by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at the Subdivider's own expense, all of the public improvement work required by City in connection with Subdivision. E. Improvement Plans for the construction, installation and completion of the improvements have been prepared by Subdivider and approved by the City Engineer. The Improvement Plans for Tract Map 2415 are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The Estimated Total Cost of Improvements is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. Subdivider recognizes that by approval of Tract Map 2415, City has conferred substantial rights upon Subdivider, including the right to sell, lease, or finance lots within the subdivision, and has taken the final act necessary to construct the public improvements within the subdivision. As a result, City will be damaged to the extent of the cost of installation of the improvements by Subdivider's failure to perform its obligations under this • Agreement, including, but not limited to, Subdivider's obligation to commence construction of the improvements by the time established in this Agreement. City shall be entitled to all remedies available to it pursuant to this Agreement and law in event of a default by Subdivider. It is specifically recognized that the determination of whether a reversion to acreage or rescission of Tract Map 2415 constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of City. NOW, THEREFORE, pursuant to the provisions contained in the Atascadero Municipal Code, Title 11, Chapter 10, sections 11-10.010 through 11-10.022, and in consideration of the approval by the City Council and the filing of Tract Map 2415, the parties hereto do promise and agree one with the other as follows: 1. Subdivider is to make and complete all of the improvements for Tract Map 2415 as shown on the Improvement Plans thereof and as required and set forth in Title 11, Chapter 8, Articles 3 and 4, and Chapter 10, of the Atascadero Municipal Code, or as amended. 2. It is further understood and agreed by and between the parties hereto that the improvements as required by the conditions of approval for Tract Map 2415 shall be completed within one year from the Date of Agreement. These improvements include, but are not limited to the following: those shown on the plans accepted by the City Engineer and on attached Exhibit A. 3. The Subdivider promises and agrees to complete all improvement work referred to • 3/4/2003 Page 2 of 5 hereinabove to the satisfaction of the City Engineer. • 4. If said improvement work is not completed within one year of the Date of Agreement, the g Subdivider agrees that the City may elect to complete the same. 5. In the event the City elects to complete said work or improvement, the Subdivider agrees that the City may exercise it's option to declare the bond or deposit, as hereinafter described, forfeited and utilize the proceeds, including any interest, to complete said improvements or that the City may complete said improvements and recover full cost and expense thereof including reasonable attorney fees from the Subdivider and his/her surety. 6. The Subdivider shall, prior to submitting the map for filing, file an improvement security with the City, in a form acceptable to the City Attorney, in the amount of the Estimated Total Cost of Improvements, which is the amount deemed sufficient by the City Engineer. In no case shall the improvement security be less than 100% of the Estimated Total Cost of Improvements. Further, the Subdivider shall file a security for labor and materials in the amount of the Estimated Total Cost of Improvements. The security for labor and materials shall be no less than 50% of the Estimated Total Cost of Improvements. Periodic progress payments may be authorized to the Subdivider as the improvements are completed if adequate security remains as determined by the City Engineer, however, no such progress payments shall be made for more than 90% of the value of any work. Progress payments shall only be paid on work that is completed to the satisfaction of the City Engineer. 7. The Subdivider hereby agrees that after the completion and acceptance of the • improvements as specified in paragraphs 2 and 3, 10% of the improvement security shall be retained for the guarantee and warranty of the work for a period of one year. 8. It is understood and agreed by and between the parties hereto that this Agreement shall bind the heirs, executors, administrators, successors, and assigns of the respective parties to this agreement. 9. In the event legal action is taken to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover costs to enforce the Agreement, including reasonable attorney fees. 10. The Subdivider shall, defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by the performance and attempted performance of the provisions hereof, or in any way arising out of this Agreement,including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of the Property Owner or of agents, employees, or independent contractors directly responsible to the Property Owner, providing further that the foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the Applicant, the Property Owner's agents, employees, or independent contractors. Nothing contained in the foregoing indemnity provisions shall be construed to require the Property Owner to indemnify the City against any responsibility or liability in contravention of Section 2782 of the Civil Code. • 3/4/2003 Page 3 of 5 642 11. Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall • vest in City. 12. Sale or other disposition of this property will not relieve Subdivider form the obligations set forth herein. Subdivider agrees to notify City in writing at least 30 days in advance of any actual or pending sale or other disposition of the property. If Subdivider sells the property or any portion of the property within the Subdivision to any other person, Subdivider may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, Subdivider may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the Subdivider of the obligations under Paragraph 2 for the work or improvement done by Subdivider. 13. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City: City: City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Subdivider: Kelly Gearhart 6205 Alcantara Ave • Atascadero, CA 93422 Surety: 14. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 15. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. 16. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of City, the appropriate party shall be the City Manager. 3/4/2003 Page 4 of 5 • 0 • IN WITNESS WHEREOF the Property Owner has hereunto set his/her hand and the City has caused these presents to be signed by its duly sworn and authorized officers the day and year first hereinabove written. CITY OF ATASCADERO SUBDIVIDER: By: (notarize signature) Wade G. McKinney City Manager Attest: Marcia M. Torgerson City Clerk Approved as to content: Steven B. Kahn, P.E. • City Engineer Approved as to form: Roy A Hanley City Attorney • 3/4/2003 Page 5 of 5 u424 EXHIBIT A ®_ RTC JOB NO.00.111 • Esdmale Dabs:2&Feb03 7400 Morro Road Project Prindpae Russ Thompson Atascaden3,Ca 93422 Project Manager:Ken Chacon Ph(805)462-1375 fax(805)462-2124 TRACT 2415 Eagle Creek Subdivision Opinion of Probable Construction Cost Gearhart Development,Inc. CONSTRUCTION OF ROAD IMPROVEMENTS DEMOLITION AND EARTHWORK 1 Mobilization $ 2,000.00 1 LS $ 2.000.00 2 Clear and Grub $ 1,000.00 1 LS $ 11000.00 3 Cut $ 2.00 300CY $ 600.00 4 Fill $ 6.75 700 CY $ 4,725.00 DEMOLITION SUB TOTAL $ 8,325.00 TOTAL DEMOLITION AND EARTHWORK $ 8,325:00 SEWER 1 INONE 1$ - 01 EA 1$ - SEWER SUB-TOTAL $ • WATER 1 Connect to Existing Water System $ 500.00 1 EA $ 500.00 2 1.5"Domestic Service Lateral w/meter $ 750.00 4 EA $ 3.000.00 3 Fire Hydrant Assembly with Reflectors $ 1,850.00 1 EA $ 1,850.00 4 Water Line Testing&Sterilization $ 1,000.00 1 LS $ 1,000.00 5 8-Inch W/L C900 CL 150 $ 20.00 505 LF $ 10,100.00 6 Air Release Valve $ 800.00 1 EA $ 800.00 7 iBlow-offAssembly $ 750.00 1 1 LS $ 750.00 WATER SUB-TOTAL $ 1$,000,00 STORM DRAIN 1 INONE $ 11 EA 1$ STORM DRAIN SUB-TOTAL $ GAS,ELECTRIC,TELEPHONE&CABLE 1 lJoint Trench PG&E.Cable,Telephone,Gasj fS 20.001 2851 LF 1$ 5,700.00 2 ISmill Utility Boxes $ 300.001 41 EA 1$ 1,200.00 GAS,ELECTRIC,TELEPHONE,&CABLE SUB-TOTAL $ 6,900.00 EXHIBIT A • _ RTC JOB NO.00.111 , ® EstnoW Dam:25-Feb-03 , 7400 MORD Road Project Principal:Ruas Thanvwn Atascadero,Ca 93422 Project Manager.Ken Charon Ph(805)462-1375 Fax(805)462-2124 Atascadero Road,Atascadero,Ca 93422 Opinion of Probable Construction Cost Off-Site Road Improvements CONSTRUCTION OF ROAD IMPROVEMENTS TOTAL UNDERGROUND IMPROVEMENTS $ 24,900.00 CONCRETE 1 113ridge Footings 1$ 71500.001 11 LS 1$ 7,500.00 CONCRETE SUB-TOTAL $ 7,500.00 GRADING AND PAVING 1 lGrading&Roadway Su rade Preparation $ 2,000.00 1 LS $ 2,000.00 2 2.5'T 'W Asphalt Pavement $ 0.70 19300 SF $ 13,510.00 3 CL.II AB sed on 12-AB $ 47.00 715 Cy $ 33,605.00 4 AC Drive Approach $ 0.70 850 SF $ 595.00 5 AC Berm or Dike $ 3.00 330 LF $ 990.00 • GRADING AND PAVING SUB-TOTAL $ 50,700.00 SIGNING AND STRIPING 1 ITraffic Sign 1$ 200.001 11 LF $ 200.00 SIGNING&STRIPING SUBTOTAL $ 200.00 LANDSCAPING 1 INONE 1$ 01 SF $ LANDSCAPING SUB-TOTAL $ - MISCELLANEOUS 1 Street Monuments $ 400.00 2 EA $ 800.00 3 Wood Barricade $ 500.00 1 EA $ 300.00 5 Hydroseed Slopes $ 1,000.00 1 LS $ 1,000.00 14 Erosion Control Measures $ 11000.00 1 LS $ 1,000.00 15 Bridge(including Walls $35,000.00 1 LS $ 35,000.00 MISCELLANEOUS SUB-TOTAL $ 38,300.00 TOTAL SURFACE IMPROVEMENTS $ 96,700.00 • 9 V 4 u EXHIBIT A • ®_ RTC NO.04111 Estimate Oeta:25•feD-03 7400 Moffo Road Protect Prinelpal:Russ Thompson Atascadero.Ca 93422 Project Manager:Ken Chacon Ph(805)462-1375 Fax(8055)462-2124 Atascadero Road,Atascadero,Ca 93422 Opinion of Probable Construction Cost Off-Site Road Improvements CONSTRUCTION OF ROAD IMPROVEMENTS .. . s. 2},p.,.Y'�i +:'..:is"r3� i`�'�.�4Y•._}�l ci V.. � r{ TOTAL $ 129,925.04 15%Contingency $ 19,488.75 SUBTOTAL $ 149,413.75 5%Field Engineering $ 7,470.69 TOTAL $ 156,884.44 • GENERAL NOTES 1. This Opinion of Probable Construction Cost Estimate is preliminary.It Is based upon the improvement plans for(Eagle Creek-Tract 2415 prepared by R Thompson Consulting. 2. All costs are based upon current prices without the provision for inflation. 3. This estimate has been prepared as a guide as to the opinion of the probable eonstructbn costs ardidpated for this project.R Thompson Consulting makes no warranty.either expressed or implied Met the actual casts will not vary from the amounts indicated and assumes no liability for such variances. Q�QFESSt �q 4. This estknate does not Include: a.On site costs Including Building,Parking,and Utility Laterals. b.Development and municipal fees. G� c.Consulting and General Contrada fees. ENO.C43069 EXP 3-32-04 Vkv fiCrLEO��Q • ITEM NUMBER: B-1 DATE: 03/11/2003 • 1918 ■ 18 9797 \ rAD 0 Atascadero City Council Staff Report- Community Development Department Zone Change 2000-0008, Master Plan of Development (CUP 2000-0024) Vesting Tentative Tract Map 2001-0011 6340 Alcantara Avenue (Lorraine Russell / Sholders Land Surveys) RECOMMENDATIONS: Planning Commission Recommends: 1. Adopt Resolution A,to certify the proposed Mitigated Negative Declaration 2002-0049; and, 2. Introduce for first reading, by title only, Ordinance A approving Zone Change 2000-0008; and, 3. Adopt Resolution B, approving Conditional Use Permit 2000-0024 for the Master Plan of Development subject to findings and conditions of approval, amending the affordable housing condition# 15 to a seven-year deed restriction; and, 4. Adopt Resolution C, approving Vesting Tentative Tract Map 2001-0011, subject to findings and conditions of approval. REPORT IN BRIEF: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. The Zone Change request would establish a Planned Development#7 overlay on the site subject to a master plan of development(CUP)that would allow five (5) new single-family residences to be constructed in addition to the one (1) existing single-family residence. The Tentative Tract Map would create a six (6) lot subdivision. The project is subject to architectural and landscape standards. The project site is a gently sloped with a seasonal creek traversing the site, with one existing single-family house and numerous native oak and sycamore trees. • ITEM NUMBER: B-1 DATE: 03/11/2003 Situation and Facts: • 1. Applicant/Representative: Lorraine Russell/Doug Sholders 6805 Los Gatos Road,Atascadero, CA 93422 2. Project Address: 6555 Atascadero Avenue, Atascadero, CA 93422 (San Luis Obispo County)APN 030-292-065 3. General Plan Designation: General Plan Designation: Medium-Density Residential (10 units/acre) 4. Zoning District: RMF-10 (Residential Multiple Family) 5. Site Area: 1.00 acre 6. Existing Use: Vacant Lot 7. Environmental Status: Proposed Mitigated Negative Declaration 2002-0041 Planning Commission Hearing& Public Comment: Planning Commission Hearing: This item was heard and recommended to the City Council by the Planning Commission on January 21, 2003. The Planning Commission commented only on the appropriateness of a condition of approval requiring that one unit be deed-restricted affordable. The Commission voted unanimously to recommended that the project be approved with condition number 15 amended to limit the affordable housing deed-restriction to a 7-year time limit. However, staff is concerned that any limitation less than 10 years will not qualify the unit as affordable per the State housing regulations. Public Comment: After the Planning Commission hearing, staff met with a representative of the 9-unit condominium complex located at the southern end of Tecorida (3 parcels to the south of the project site). The following concerns were stated: 1. Not all of the condominium owners were notified of the public hearing. Staff Comment: Only 2 owners are within 300-feet of the project site which required notification by mail. Per the condominium owners request, all 9 condo owners have been included on the City Council public hearing notification mailing which has also been updated to reflect the latest County Assessor's information. 2. Tecorida is not wide enough to support additional traffic Staff Comment: Tecorida has not been widened to a standard width to be sensitive to the existing mature California Sycamore trees, which line both sides of the street. The road • U43 ITEM NUMBER: B-1 DATE: 03/11/2003 • width is presentlyl8 feet, which is deemed adequate by the City Engineer to allow two lanes of residential traffic with no on-street parking. 3. Tecorida requires nighttime illumination for pedestrian and vehicular safety. Staff Comment: The City's General Plan Policy 1.4 (2) states, "Provide street lights only in the Downtown, along El Camino Real, at major intersections, and locations where street safety is of concern." According to the City Engineer, this road is similar to other non- illuminated roads in Atascadero and no major safety concerns have been identified. 4. Tecorida requires sidewalk for pedestrian safety. Staff Comment: There is not enough room between the property lines, road surface and the Sycamore trees for a sidewalk. A sidewalk could be placed on the property frontage with the granting of access easement, which has been added as a condition of approval (Condition 41). S. Traffic travels too fast on Tecorida. Staff Comment: Tecorida is currently not a through road. Staff has found no speeding history record for this road. i DISCUSSION: Analysis of Planning Issues 1. Project Definition The proposed project consists of five new single-family homes and retention of one existing single-family home located on individual lots that will be developed under the requirements of the PD-7 overlay district within the RMF-10 (Residential Multi-Family) zoning district. The new homes will range in size from 1,519 to 2,033 square feet. The existing 1,250 square foot home will remain in its present size and location. Each home will have a two car attached garage with two additional uncovered spaces provided in the driveway that fulfill the guest parking requirement. Each unit is consistent with the PD-7 requirement of providing a minimum 40%parcel landscaping and building footprints of less than 35% of the parcel area. A Master Plan of Development will cover all site development and architectural design standards for the project. The Master Plan of Development will be approved in the form of a Conditional Use Permit as required by the Zoning Ordinance. Any future amendments to the Master Plan of Development can be made by the Planning Commission in the future, independent of Council action. • ITEM NUMBER: B- 1 DATE: 03/11/2003 Project Summary Table • Building Footprint 1744 sf 1872 sf 1238 sf 1560 sf 1560 sf 1229 sf (not to exceed 35%) 21% 22% 20% 23% 20% 18% Landscaped Area 5330 sf 6440 sf 4000 sf 3970 sf 4690 sf 4770 sf (minimum 40%) 63% 76% 66% 59% 59% 71% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Floor Plan C existing A B B Reverse D Lower Living Area 1304 sf, 1250 sf, 798 sf 1119 sf 1119 sf 789 sf Upper Living Area 566 sf I nonel 916 sf 1 914 sf 914 sf 730 sf Garage 440 sf 440 sf 440 sf 440 sf 440 sf 440 sf 2. Background Surrounding Land Use and Setting: : . North: Commercial South: Residential East: Residential West: Residential • General Plan and Zoning Ordinance identifies this site, along with adjacent properties to the south, east and west as Medium-Density Residential with a density of up to 10 units per acre. The Multi-family residential zoning is consistent with the General Plan. The General Plan and zoning incorporates factors such as slope, native trees, creeks, circulation, building coverage and landscape development standards that could reduce the density accordingly. The zoning ordinance allows the establishment of a Planned Development Overlay No. 7 (PD-7) in the multi-family zone which requires a minimum of four single-family units, consistent with the PD- 7 site development standards and appearance review, as analyzed within this report. The PD-7 requires a Master Plan of Development which incorporates site development standards and appearance review including architecture and landscaping. Per the zoning ordinance, the Master Plan of Development is processed as a Conditional Use Permit. 3. Design and Appearance Architecture,Materials, Color The applicant has worked closely with staff in designing the homes with special architectural features, upgraded building materials, compatible colors, and landscape design. In addition, staff has added conditions of approval consistent with General Plan & Zoning requirements, as • identified below. U J i ITEM NUMBER: B-1 DATE: 03/11/2003 • The project has been designed with two-story residential units that incorporate architectural themes and materials compatible with more traditional Atascadero colony neighborhoods. Each home has been individually designed with its own contemporary style, color, and material palette. As conditioned, all front elevations and side elevations visible from Tecorida Avenue will have additional architectural detailing with a masonry wainscot treatment at the base (Condition 6.a). A variety of architectural embellishments will be incorporated into the different new house designs, including: Covered entry porches (Condition 6.b), double or single hung windows, transom windows, window shutters (Condition 6.c), architectural banding, decorative gable vents, and heavy tile roofing materials. A separate color scheme is proposed for each new house. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. The site landscaping plan includes a variety of native and accent trees. All front yards and areas between Tecorida Avenue and lots 1 and 6 shall be landscaped by the developer (Condition 10). Back yards will be landscaped by the individual property owners. All landscape maintenance will be the responsibility of the individual property owner. Front Elevations of Each New House Note: Conditions 6a—6d will enhance the exterior appearance of each new home depicted below. • o - n o o�oc� o000 ® fl noE=M= moon c�000 �000 m m The applicant has included a color and material sample board for each house plan. Refer to Exhibit G for details. Staff has included a condition that the garage doors be de-emphasized by painting to match the building body(Condition 6d). Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding neighborhood and visual appearance from Tecorida Avenue. The plans identify landscaping thoughout the site with the exception of rear yards. The landscape plan and palette meets the PD-7 requirements. Refer to Native Tree Mitigation/Preservation section for additional tree planting information. Due to the on-site topography and tree preservation requirements, the use of retaining walls within front yards is required. A condition of approval has been included to design such walls to match or compliment the texture and color of the primary residence. In addition, the retaining wall located within the front yard of lots 3 and 4 shall be rounded or angled back toward lot 4 • (Condition 12). ITEM NUMBER: B-1 DATE: 03/11/2003 Site Plan, Circulation, Parking • The site plan has been proposed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. The project will include street frontage improvements along Alcantara Avenue. As a result of potential impacts to the on-site seasonal creek, the project includes a bridge that will span the creek to avoid any environmental impacts. In addition, the bridge and access road include special design elements including special porous paving and pegged curbs to reduce the impacts to existing native trees with the added benefit of improving the project appearance (Mitigation Measures 4.e.1 and 4.e.2). On-site circulation has been designed to allow reciprocal access between the adjacent westerly property(Condition 13). The proposed project exceeds the code-required parking spaces. Site Drainage The site slopes gently toward the on-site seasonal creek. Drainage has been designed to disperse through the site without concentrating flows into any particular location. On-site storm water retention is not required. Wastewater Sanitary sewer will be connected to the Tecorida Avenue sewer line. 4. Native Tree Mitigation/Preservation The site contains numerous native oaks trees. The project has been designed to preserve a majority of the largest trees. There are 64 small under story oak trees proposed for removal. A condition of approval has been included requiring the five front yard trees be 24-inch box native trees, and the five trees along Tecorida Avenue and four additional 15-gallon native sycamore trees be planted between the creek and the private driveway between lot 4 and 5 (Condition 10). The tree mitigation and tree fund payment is summarized below. • `53 ITEM NUMBER: B- 1 DATE: 03/11/2003 • Evergreen Native Trees(inches) Deciduous Native Trees(inches) Totals dbh notes dbh notes 1 1 244-inches white oak 2 2 3 3 4 4 5 5 6 7 6 8 Total 0-inches Total 244-inches 244-inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 81 five gal trees 81 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 9 five gal trees 9 five gal trees 0 box trees(24") 5 box trees(24") 5 box trees(24") Remaining Mitigation 0 five gal trees Remaining Mitigation 62 five gal trees 62 five gal trees or or Tree Fund Payment: $ - Tree Fund Payment: $ 3,116.67 $ 3,116.67 Native tree protection and a preservation plan is included for trees proposed for retention. Prior to permit issuance, a Tree Protection Plan shall be prepared for the project by a certified arborist and approved by Planning Services. Tree protection shall be in place prior to the issuance of any construction permits and the arborist shall be under contract to monitor tree protection. For native trees being removed, the mitigation measures require $3,116.67 be paid into the City's native tree mitigation account and additional native trees be planted on site. Refer to Condition 10 and Mitigation Measure 4.e.1. 5. On-Site Creek A seasonal creek traverses the project site. The project has been designed to avoid all significant impacts through building setbacks, landscaping, and a project entrance that will bridge the creek and avoid disturbance within the ordinary high-flow line of the creek bank. The project has been designed to avoid concentrating storm water runoff into any one location. In addition, landscaping has been included for all front yards and areas adjacent to the creek to filter any sediment or pollutant concentrations prior to reaching the creek. The project landscape plan includes additional native planting along the creek bank. This will protect both the water quality of the creek and minimize the potential for creek bed erosion. The project site is not identified as a flood hazard on the FEMA maps. The project is designed so that all units will be constructed several feet above the creek's high water flow. The units along the creek have been adequately set back to avoid any grading of the upper creek bank. • ViJL� ITEM NUMBER: B- 1 DATE: 03/11/2003 6. Project Benefits • One of the required findings for approval of a planned development rezone is that the project must "offer certain redeeming features to compensate for the requested modification." Due to the site's limited area, no room is available for common recreational facilities or significant landscape planting. However, the project will have a number of "redeeming features" which include the following: 1) no disturbance to the on-site seasonal creek; 2) each unit will have a private yard area that will allow for outdoor recreational opportunities, 3) architectural and landscape features of the project have been designed to enhance the project's appearance and benefit the surrounding neighborhood; (4) much of the paved private driveway will incorporate special paving treatment, and 5) the project will provide one moderate deed-restricted affordable housing unit as identified below. Affordable Housing The City's General Plan anticipates implementation of an affordable housing program (General Plan Policy 2.2) which a program to include a fixed percentage of units within residential and commercial developments to be reserved as deed restricted affordable units or a in-lie fee to be collected. Although inclusionary housing has not yet been implemented, staff is recommending that one of the proposed residential units be a deed-restricted affordable unit in the moderate category. A condition of approval has been added to this effect(Condition 15). 7. Tentative Tract Map A six-lot tract map is proposed as part of the project consistent with the Master Plan of • Development. The tract map has been conditioned by staff and the City Engineer to meet all City standards including street frontage improvements. The applicant will be required to record CC&R's for the map that will include maintenance and access of common areas (TTM Condition 5). 8. Master Plan of Development(Conditional Use Permit) As previously mentioned, a Master Plan of Development is required for the PF-7, to be approved through the Conditional Use Permit process. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the zoning ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the Multi-Family Residential designation of the Plan and General Plan Land Use Element Policy 1.1 and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-7 Ordinance. • vJJ ITEM NUMBER: B- 1 DATE: 03/11/2003 • Staff Comment: As conditioned,the project satisfies all PD-7 zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential project will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: Conditions of approval have been added so that the proposed project will not be inconsistent with the existing or future commercial neighborhood character. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. • Staff Comment: The proposed building and use are consistent with the traffic projections and road improvements anticipated within the General Plan. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Master Plan of Development(Conditional Use Permit) can be made. 9. General Plan Consistency The proposed project is consistent with the General Plan Land Use Element Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods", and General Plan Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". Implementing General Plan programs require appearance review of architectural design, materials, street trees, and landscaping to maintain the retain the rural atmosphere and protect the environment, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project, as conditioned is consistent with the General Plan. In staff's opinion the project is consistent with the goals and policies of the Land Use Element and the Housing Element, with the inclusion of one affordable moderate-income unit. The . project will provide small lot, single-family dwellings that fulfill an important housing need within the community. As conditioned, the project incorporates architectural and landscape 656 ITEM NUMBER: B-1 DATE: 03/11/2003 elements that are consistent with the scale and character of the surrounding neighborhood and the • General Plan's appearance review requirement. 10. Proposed Environmental Determination Staff has prepared an initial study for the project in conformance with the California Environmental Quality Act. Based on the findings of the initial study, staff determined that the project does not have the potential to create any significant environmental impacts when mitigation measures are incorporated. A proposed mitigated negative declaration has been prepared and posted for the project. Staff is recommending the Commission recommend that the City Council certify Proposed Mitigated Negative Declaration 2002-0049. Conclusion The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. The applicant has proposed design modifications and agrees with all mitigation measures and conditions of approval. It is staff s opinion that the proposed project, as conditioned allows the Planning Commission to make all of the required findings for project approval recommendation to the City Council. FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue • generated by the dwelling. ALTERNATIVES: 1. The City Council may approve the project subject to additional or revised project conditions. The Council's motion to approve needs to include any new or revised project conditions. 2. The Council may deny the project. 3. The Council may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1: Location Map (General Plan& Zoning) Attachment 2: Draft Planning Commission Minutes Attachment 3: Draft Resolution A- Proposed Mitigated Negative Declaration Attachment 4: Draft Ordinance A-Proposed Zoning Map Change Attachment 5: Draft Resolution B -Proposed Master Plan of Development • Attachment 6: Draft Resolution C—Proposed Vesting Tentative Tract Map - i1J� ITEM NUMBER: B- 1 DATE: 03/11/2003 • Attachment 1: Location Map, General Plan and Zoning General Plan: - Medium-Density Residential (10 units/acre) a Zoning District: RMF-10 (Residential Multiple Family) Project Site -9 4 f � Y A 1 M a � ya ,, i m �J ITEM NUMBER: B-1 DATE: 03/11/2003 ATTACHMENT 2: Planning Commission Minutes • cats ■ is�e CADF.�/ CITY OFATASCADERO PLANNING COMMISSION MINUTES Rezular Meeting January 21,2003—7:00 P.M. CALL TO ORDER Chairperson Bentz called the meeting to order at 7:00 p.m. and Vice Chairperson Fonzi led the Pledge of Allegiance. ROLL CALL Present: Commissioners Eddings, Jones, Kelley, Porter, Fonzi and Chairperson Bentz Absent: None Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Associate Planner Glenn Rider, Planning Services Manager Steve McHarris, City Attorney Roy Hanley and Recording Secretary Grace Pucci. PUBLIC COMMENT Joan O'Keefe, 9985 Old Morro Road East,referred to two questions she had posed at the last Commission meeting and stated that she had never received an answer to either one. She hoped this was an oversight and asked to have her questions answered in the future. Mrs. O'Keefe also commented on an article in the Atascadero News last week regarding the Commission's decision on the 3F Meadows project. She felt there were inaccuracies in the article and felt the paper should correct the mistakes. Additionally, Mrs. O'Keefe referred to a question asked by • v�9 ITEM NUMBER: B-1 DATE: 03/11/2003 • Chairperson Bentz to Dean Coker regarding release of information as requested by the Planning Department, and felt the staff should have been asked the same question. Chairperson Bentz closed the Public Comment period. COMMUNITYDEVELOPMENT STAFFREPORTS Chairman Bentz asked for Commission agreement to move Item#l, the presentation on the Brown Act, to the end of the agenda. There was Commission consensus to do so. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 7,2003. MOTION: By Commissioner Kelley and seconded by Commissioner Eddings to approve the Consent Calendar. AYES: Commissioners Kelley, Eddings, Jones, Porter and Chairperson Bentz NOES: None ABSTAIN: Vice Chairperson Fonzi Motion passed 5:0 by a roll-call vote. 2. APPROVAL OF RESOLUTION 2003-0002 TO DENY CONDITIONAL USE PERMIT 2002-0055 TO ESTABLISHMENT OF A BED AND BREAKFAST AT 7129 SAN GREGORIO RD. Community Development Director Warren Frace explained that the Resolution of Denial is being brought back for the Commission's approval. MOTION: By Commissioner Jones and seconded by Commissioner Eddings to deny the Conditional Use Permit application 2002-0055 with the findings as set forth in the staff report and approving Resolution 2003-0002. AYES: Commissioners Jones, Eddings, Kelley,Porter and Chairperson Bentz NOES: None . ABSTAIN: Vice Chairperson Fonzi 06 ITEM NUMBER: B-1 DATE: 03/11/2003 Motion passed 5:0 by a roll-call vote. • PUBLIC HEARINGS Chairman Bentz announced that Public Hearing Item #3 would be continued to an unspecified date. 3. RECONSIDERATION OF CONDITIONAL USE PERMIT 89-008 Applicant: Atascadero Christian Home, 8455 Santa Rosa,Atascadero, CA Project Title: Senior Assisted-Living Facility Site Plan Amendment Project Location: 8455 Santa Rosa Road,Atascadero, CA 93422 (San Luis Obispo County)APN 056-301-039 Project Hearing to reconsider the original Conditional Use Permit#89-008, amending Description: the existing phased site plan at an senior assisted-care living facility in Atascadero. The proposal includes relocation of 19 multi unit cottages, access roads, grading and landscaping.. The proposed changes would be within the existing 15.25-acre development. The project is located on the north side of Santa Rosa Road approximately '/4 mile west of U.S. Highway 101. The project will require the removal of several native trees. The proposed building • sites are slightly sloped and occur in a semi-rural primary grassland setting within a single-family residential vicinity. The project will gain access from an existing driveway to Santa Rosa Road. General Plan Designation: Single Family Residential Zoning District: Residential Single Family-Y 1.0 acre minimum lot size) Proposed PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0052: 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 Mitigated Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday Staff Adoption of Planning Commission Resolution 2003-0007 approving the Recommendation reconsideration of Conditional Use Permit 89-008 subject to findings and conditions of approval. • UU1 ITEM NUMBER: B- 1 DATE: 03/11/2003 • 4. CONDITIONAL USE PERMIT 2001-0043: Applicant: Michael Frederick, P.O. Box 573, Atascadero, CA 93423 Project Title: Proposed Mini-Storage Center Project Location: 2850 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County)APN 049-201-021 Project An application to construct 30,250 square feet of commercial storage Description: buildings designed for mini-storage use, 2,450 square feet of commercial office buildings, a parking lot and landscaping on a 1.5-acre vacant lot of record. The proposed project will require grading quantities of approximately 175 cubic yards of cut and 3025 cubic yards of fill. The project will require the removal of two native trees. The proposed building site will pave a majority of the lot area which is gently sloped and occurs as an infill project within a developed industrial area in the City of Atascadero. The project will gain access from El Camino Real and be visible from U.S Highway 101. • General Plan Designation: General Commercial Zoning District: Commercial Park Proposed PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0040: 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 Mitigated Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday Staff Adoption of Planning Commission Resolution 2003-0008 approving Recommendation Conditional Use Permit 2001-0043 subject to findings and conditions of approval. Associate Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT Michael Frederick, applicant, answered several questions raised by the Commission and expressed his concern regarding Condition of Approval #13 requiring the installation of a fire hydrant. • � 2 F V ITEM NUMBER: B- 1 DATE: 03/11/2003 Director Frace responded to Mr. Frederick's concern by stating that the condition came from the • Fire Department, which did not want to be forced to lay a fire hose across El Camino Real in the event of a fire, an action that would result in shutting down the entire street. Mr. Frederick answered questions of the Commission. Joe Elkins, architect, 370 Wilhoit, Templeton, further discussed the applicant's concern regarding Condition of Approval #13. Mr. Elkins answered questions of the Commission. Patty Jones, 1295 Nacimiento Lake Drive, Paso Robles, stated she owns Stow-It Mini Storage and their occupancy is down 20% and has been for over a year. She said a new 35,000 square foot facility is going in right next to hers. Steve Gray indicated he manages the Downtown Mini Storage at 9200 El Camino Real, and was in agreement with the previous speaker. His facility is approaching the 20% vacancy rate and the new facility next to Ms. Jones has not even opened yet. He felt it would be tough to fill all his units with another facility in town. Chairperson Bentz closed the Public Comment period. Commissioner Kelley felt that because the entire facility has sprinklers and there is a hydrant directly across the street, the installation of a fire hydrant by the applicant is not necessary. He felt the applicant has met his requirements for fire prevention on the project without the addition of the hydrant. • Commissioner Eddings supported Commissioner Kelley's remarks and stated he did not feel a dumpster is appropriate for the site because it will be constantly full from renter's trash and would end up being a problem for the applicant. Chairperson Bentz inquired of staff if the Uniform Fire Code requires the hydrant. Director Frace stated that the Uniform Fire Code applies to the spacing of hydrants, and the Commission would not have the flexibility of deviating from that, however this hydrant does not pose a spacing issue but rather to assist in fighting a fire. For this reason, the Commission would have some discretion on that. MOTION: By Commissioner Kelley and seconded by Commissioner Eddings to adopt Planning Commission Resolution 2003-0008, the Commercial Center Conditional Use Permit 2001-0043, an application to construct a mini- storage facility consisting of 30,250 square-feet of storage building, a 2,450 square-feet and 1,550 square-foot commercial office building, parking lot, utilities, and landscaping on one vacant lot of record in the Commercial park zoning district with the elimination of Condition of Approval No. 13 regarding the fire hydrant. Vice Chairperson Fonzi expressed her concern that though she supports the applicant's right to build the facility, she wonders if it will sit vacant and become blighted given that the other mini- storage facilities in the area are underutilized. . - � G,3 ITEM NUMBER: B-1 DATE: 03/11/2003 • Commissioner Eddings reiterated his position that he does not feel it is the Commission's job to regulate enterprise, the market place will decide who stays and who goes. Commissioner Jones stated he has a problem with the fire hydrant issue. He would like clarification on the safety issue and would like to hear the reasons behind the condition before he would vote on it. MOTION: By Commissioner Kelley and seconded by Commissioner Eddings to adopt Planning Commission Resolution 2003-0008, the Commercial Center Conditional Use Permit 2001-0043, an application to construct a mini-storage facility consisting of 30,250 square-feet of storage building, a 2,450 square-feet and 1,550 square-feet commercial office building, parking lot, utilities, and landscaping on one vacant lot of record in the Commercial park zoning district with the elimination of Condition of Approval No. 13 regarding the fire hydrant. AYES: Commissioners Kelley, Eddings, Porter and Chairperson Bentz NOES: Commissioners Jones and Fonzi ABSTAIN: None . Motion passed 4:2 by a roll-call vote. 5. (CONDOMINIUM) TENTATIVE TRACT MAP 2002-0022: Applicant: Jim Shores, 6700 El Camino Real,Atascadero, CA 93422 Project Title: Proposed 3-Building Industrial Condominium Tract Map Project Location: 4105 Traffic Way&Various Sequential Addresses Project An application for a Condominium Airspace Tentative Tract Map to Description: provide for separate ownership of four individual suites in each of three separate existing industrial buildings on three separate lots of record. Grading and construction are not required. The project will requires a common agreement for the maintenance of each building, and each parking and landscape area. The project is within a developed industrial area located on the east side of Traffic Way approximately 100 yards north of San Jacinto Street in the City Of Atascadero. The parcels will gain access directly from Traffic Way. General Plan Designation: Industrial Zoning District: Industrial Proposed CEQA Exemption by Statute Section 15.301. Class I- Existing Facilities. (k) Environmental Division of existing multiple family or single-family residences into • Determination common-interest ownership and subdivision of existing commercial or �• A - V CJ `fit ITEM NUMBER: B- 1 DATE: 03/11/2003 industrial buildings, where no physical changes occur which are not • otherwise exempt. Staff Adopt Resolution No. PC 2003-0011, recommending approval of Tentative Recommendation Tract Map 2001-0012 to the City Council subject to findings and conditions of approval. Chairperson Bentz announced that Commissioner Jones would be stepping down from consideration of this item. Associate Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT Ken Wilson, Wilson Land Surveys, applicant's representative, stated that Condition No. 7 should be removed, as it does not apply according to the ordinance. Mr. Wilson stated that this is a good project that will improve this area of Traffic Way. He indicated that there is an opportunity for the applicant to pick up some property from the railroad at the north end of the project and questioned whether in the CC&R's that area could be either excluded or as an option used for future development. Community Development Director Frace stated that staff is aware of the applicant's interest in expanding the industrial park by acquiring additional land from the railroad. At this point this . has not been applied for and is not an active permit, therefore staff recommends removing it from the map; the applicant can file another map in the future, amend the CC&R's and add whatever additional lease spaces would be created at that time. Chairperson Bentz closed the Public Comment period. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Porter to adopt Resolution No. PC 2003-0011 certifying the Proposed Mitigated Negative Declaration and approving Tentative Tract Map 2002-0022, a request to create 13 condominiums suites across three lots of record based on exhibits, findings and subject to conditions with the removal of Condition No. 7 and removal of the lease site from the map. AYES: Commissioners Fonzi, Porter, Kelley, Eddings and Chairperson Bentz NOES: None ABSTAIN: Commissioner Jones Motion passed 5:0 by a roll-call vote. • UUJ ITEM NUMBER: B- 1 DATE: 03/11/2003 • 6. SINGLE FAMILY PLANNED DEVELOPMENT ZONE CHANGE 2000-0008 MASTER PLAN OF DEVELOPMENT (CUP 2000-0024), VESTING TENTATIVE TRACT MAP 2001-0011: Applicant: Lorraine Russell/Doug Sholders 6805 Los Gatos Road, Atascadero, CA 93422 Project Title: 6340 Alcantara Avenue Single Family Planned Development, Zone Change 2000-0008, Master Plan of Development (CUP 2000-0024), Vesting Tentative Tract Map 2001-0011 Project Location: 6340 Atascadero Avenue, Atascadero, CA 93422 (San Luis Obispo County)APN 030-292-065 Project An application for a Zone Change, Conditional Use Permit (CUP) and Description: Tentative Tract Map. The Zone Change request would establish a Planned Development #7 overlay on the site subject to a master plan of development (CUP) that would allow five (5) new single-family residences to be constructed in addition to the one (1) existing single-family residence. The Tentative Tract Map would create a six (6) lot subdivision. Environmental PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0049: Determination Based on the findings of the initial study, the Community Development Department recommends that the Planning Commission find that no significant harm would come to the environment from approval of this • project. The proposed Mitigated Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Staff 1. Adopt Resolution No. PC 2003-0003 recommending that the City Recommendation Council certify Proposed Mitigated Negative Declaration 2002-0049; and, 2. Adopt Resolution No. PC 2003-0004 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2000-0008 based on findings; and, 3. Adopt Resolution No. PC 2003-0005 recommending that the City Council approve the Master Plan of Development (CUP 2000-0024) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution No. PC 2003-0006 recommending the City Council approve Vesting Tentative Tract Map 2001-0011, based on findings and subject to Conditions of Approval and Mitigation Monitoring. • - vC1� ITEM NUMBER: B- 1 DATE: 03/11/2003 Planning Services Manager Steve McHarris provided the staff report and answered questions of • the Commission. Commissioner Kelley stated for the record that he is for affordable and inclusionary housing. He expressed concern regarding the amount of money the applicant will invest in the deed restricted unit versus what she will be permitted to sell it for, in addition to which she has not received a density bonus. City Attorney Hanley explained the process for setting a price for the deed- restricted unit. Commissioner Kelley also felt that 10 years was too long a period of time for the deed restriction. PUBLIC COMMENT Douglas Sholders, 6805 Los Gatos Road, applicant's representative, gave a brief history of the project and explained the decorative features of the site. Mr. Sholders asked if there is a size requirement for the affordable deed restricted unit. He stated that he would prefer to not have a deed-restricted unit on the property, however he does not wish to jeopardize the project by not providing one. Director Frace explained there were no size limitations, but the sales price will be based on the family size, which is calculated by the number of bedrooms in the unit. Joan O'Keefe, 9985 Old Morro Road East, thanked staff for the detailed presentation on the tree protection for this site. She is glad affordable housing is being addressed in this project; this is a positive move and will start the process for future developments. Mrs. O'Keefe stated that she • sees trees in decline in projects completed four to five years ago because of intrusion into the drip line. She feels it is time to consider bonding for areas where there is a possibility that trees may not survive. Chairperson Bentz closed the Public Comment period. There was Commission discussion regarding the time limit on the deed-restricted unit. MOTION: By Commissioner Jones to adopt Resolution No. PC 2003-0003 recommending that the City Council certify Proposed Mitigated Negative Declaration 2002-0049, and adopt Resolution No. PC 2003-0004 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2000-0008 based on the findings set forth in the staff report, and adopt Resolution No. PC 2003- 0005 recommending that the City Council approve the Master Plan of Development (CUP 2000-0024) based on findings and subject to Conditions of Approval and Mitigation Monitoring as set forth in the staff report, and adopt Resolution No. PC 2003-0006 recommending the City Council approve Vesting Tentative Tract Map 2001-0011, based on findings and subject to Conditions of Approval and Mitigation Monitoring and within that, the deed-restricted unit be for 10 years. Motion failed for lack of a second. ITEM NUMBER: B- 1 DATE: 03/11/2003 • MOTION: By Commissioner Kelley and seconded by Vice Chairperson Fonzi to adopt Resolution No. PC 2003-0003 recommending that the City Council certify Proposed Mitigated Negative Declaration 2002-0049, and adopt Resolution No. PC 2003-0004 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2000-0008 based on the findings set forth in the staff report, and adopt Resolution No. PC 2003-0005 recommending that the City Council approve the Master Plan of Development (CUP 2000-0024) based on findings and subject to Conditions of Approval and Mitigation Monitoring as set forth in the staff report, and adopt Resolution No. PC 2003-0006 recommending the City Council approve Vesting Tentative Tract Map 2001-0011, based on findings and subject to Conditions of Approval and Mitigation Monitoring, and adjusting Item No. 15 to read five years for the deed-restriction. There was further Commission discussion regarding the time limit for the deed-restricted unit. Points made included: 1. This is the first step toward moderate income housing in the City and therefore the Commission shouldn't be shortchanging its life. 2. The issue of providing moderate-income housing is premature and there are no guidelines in place to follow. 3. The ten-year limit would be the best option if it was enforceable, but due to housing • turnover within the City, monitoring will be difficult. 4. The ten-year limit may be the best, as it would allow for more than one family to take advantage of the deed restriction. 5. There is no structure to the program at this time and the issue of who will benefit from the equity is unclear. Chairperson Bentz reopened the Public Comment period Ann Quinn, 7200 Toro Creek Road, suggested that equity would be accrued to the owner of the deed-restricted unit, as a greater percentage of their income will not be needed for housing and can go into savings. Chairperson Bentz closed the Public Comment period. A seven-year time limit was suggested as a compromise and the maker of the Motion and the second agreed to the change. MOTION: By Commissioner Kelley and seconded by Vice Chairperson Fonzi to adopt Resolution No. PC 2003-0003 recommending that the City Council certify Proposed Mitigated Negative Declaration 2002-0049, and adopt Resolution No. PC 2003-0004 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2000-0008 based on the findings set forth in the staff report, and adopt Resolution No. PC 2003-0005 recommending that the • City Council approve the Master Plan of Development (CUP 2000-0024) based U ITEM NUMBER: B-1 DATE: 03/11/2003 on findings and subject to Conditions of Approval and Mitigation Monitoring as • set forth in the staff report, and adopt Resolution No. PC 2003-0006 recommending the City Council approve Vesting Tentative Tract Map 2001-0011, based on findings and subject to Conditions of Approval and Mitigation Monitoring, and adjusting Item No. 15 to read seven years for the deed- restriction. AYES: Commissioners Kelley, Fonzi, Porter, Eddings, Jones and Chairperson Bentz NOES: None ABSTAIN: None Motion passed 6.0 by a roll-call vote. COMMISSIONER COMMENTS&REPORTS 7. REQUEST FROM COMMISSIONER BENTZ TO REAGENDIZE 3F MEADOWS MASTER PLAN OF DEVELOPMENT 3-F MEADOWS / PLANNED DEVELOPMENT 11 MASTER PLAN OF DEVELOPMENT DETERMINATION (CASTLEROCK DEVELOPMENT) Applicant: Castlerock Development, a CH Corporation, 202 H3 Tank Farm Road, San Luis Obispo, CA 93401 Project Title: 3-F Meadows / Planned Development 11 Master Plan of Development Determination Project Oak Ridge Estates at 3F Meadows Location: 812 acres located west of the end of San Marcos Road (San Luis Obispo County) Project Planned Development 11 (3F Meadows) requires a Master Plan of Description: Development to be approved for the entire project site prior to recordation of the final map. Staff is unable to make a determination of the Master Plan of Development consistency. The Planning Commission will forward its recommendation to City Council for consideration with the final map. General Plan Designation: Rural Estates Zoning District: Residential Suburban/PD-11 Vice Chairperson Fonzi stepped down from consideration of this item, as she was not present at the last Commission meeting. Commissioner Kelley also stepped down from consideration of this item as he had done so at the last Commission meeting. • UU9 ITEM NUMBER: B- 1 DATE: 03/11/2003 • Chairperson Bentz read into the record the letter he had received from Castlerock Development and which is included in the staff report on page 272. He asked Commissioner Jones to clarify his Motion from the January 7, 2003 meeting. Commissioner Jones explained why he made the Motion. He felt what the applicant said in his presentation made sense, that it was their belief and understanding that the Master Plan that had originally been adopted complied with the EIR and that any of the issues relating to exact placement of things could be done at the staff level. Commissioner Jones stated that his Motion put it squarely back at the Planning Department level using the language in the draft Resolution that essentially said that because the original lot line adjustment had been approved and the City Council certified the final EIR report, the lot line adjustment map was in conformance with the lot line adjustment map and that the Master Plan of Development essentially complies with that. Chairperson Bentz asked if there were any member of the Commission that did not understand the Motion to be in that frame. Commissioner Porter stated that upon seconding the Motion, he too felt that the Master Plan was consistent with the EIR and it was being directed back to staff. Commissioner Eddings agreed with Commissioner Porter and Jones. Chairperson Bentz stated that he thought at the last meeting the Commission was wrestling with the staff report that indicated that they were having a problem determining what was the Master . Plan of Development and that there were two options in that report, Appendix B and Appendix A dated 11/14/02. He was thinking when he made his vote that this would allow the Community Development Director to decide whether or not he could issue the letter, and he was not intending to make a recommendation to the City Council. There was Commission consensus that their recommendation did not change. Community Development Director Frace asked if the recommendation was that the 11/14/02 plan is consistent and that it is the plan recommended for the Director to adopt. There was Commission consensus that this was the recommendation. 8. BROWN ACT TRAINING - THE CITY ATTORNEY WILL BRIEF THE COMMISSION ON THE BROWN ACT REQUIREMENTS FOR OPEN MEETINGS. City Attorney Roy Hanley made a PowerPoint presentation on the Brown Act (Exhibit A), and answered questions of the Commission. • ITEM NUMBER: B-1 DATE: 03/11/2003 COMMUNITY DEVELOPMENT STAFF REPORTS: • Community Development Director Frace reported on a Smart Growth Conference hosted by San Luis Obispo County. All Commissioners are encouraged to attend and should contact Mr. Frace or Annette Manier in the Community Development Department if interested. ADJOURNMENT Chairperson Bentz adjourned the meeting at 9:44 p.m. to the next regularly scheduled meeting on February 4, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department. Exhibit A—City Attorney Roy Hanley,PowerPoint presentation on Brown Act • ATTACHMENT 3: Draft Resolution A PD-7 Master Plan of Development(CUP 2000-0024)/ZCH2O00-0008ITTM 2001-0011 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION A A RESOLUTION OF THE ATASCADERO CITY COUNCIL CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0049 PREPARED FOR ZONE CHANGE 2000-0008, CONDITIONAL USE PERMIT 2000-0024 AND TENTATIVE TRACT MAP 2001-0011 (6340 Alcantara Avenue/Russell) WHEREAS, an application has been received from Lorraine Russell (PO Box 257, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a zone change from RMF-10 (Residential Multi-Family)to RMF-10/PD-7 (Residential Multi- Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a six lot residential Tentative Tract Map on APN 030-292-065 and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2002- 0049 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, January 21, 2003, recommended that the City Council certify Mitigated Negative Declaration 2002-0049, NOW, THEREFORE, the Atascadero City Council, at a public hearing held on Tuesday, February 25, 2003, hereby resolves to certify Mitigated Negative Declaration 2002- 0049 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, 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. City Council Draft Ordinance A March 11,2003 Page 2 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: Jerry L. Clay, Sr., Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 673 Exhibit' A Tr_• ,fF-N-,.. I FR- .191 1979 CITY OF ATASCADERO '.� = �; PROPOSED MITIGATED NEGATIVE DECLARATION #2002-0049 6500 Palma Avenue Atascadero, CA 93422 805/461-5035 Applicant: Lorraine Russell,3584 Maricopa Road,Atascadero,CA 93422 Project Title: Zone Change 2002-0008,Conditional Use Permit 2000-0024,Tentative Tract Map 2001-0011 for a 6- lot residential PD-7 subdivision. Project 6340 Alcantara Avenue,Atascadero,CA 93422(Vacant lot fronting Tecorida Avenue) Location: (San Luis Obispo County)APN 030-292-065 Project The project consists of an application for a PD-7 zone change,conditional use permit,and vesting Description: tentative tract map to subdivide a 1 acre parcel into 6 single-family residential lots ranging in size between 6,106 and 8,510 square feet(An existing house will remain for a net gain of 5 new lots/homes). The project includes one home per lot with varying architectural styles,colors and materials. 31 native trees are to be preserved on site and 64 native trees are proposed for removal. In addition,a seasonal creek will be preserved with project access bridging the creek from Tecorida Avenue. General Plan Designation: Medium Density Residential(10 units/acre) • Zoning District: Residential Multiple Family—RMF-10 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 2002-0049(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: Steve McHarris,Planning Services Manager Date Posted: November 27,2002 Public Review Ends: December 26,2002 Attachments: - Location Map - Site&Landscape Plan - Elevations - Floor Plan - Grading,Drainage&Utility Plan - Initial Study 2002-0049 6 -74 Fa-=H300P0008.63i0 Akaauralo 6a FU-LLLSMND_ Rim Du.U26/0211:16 -- 6500 PALMA AVENUE • ATASCADERO,CALIFORNIA 93422 (805)461-5035 FAX 461-5036 RECEIVED CITY OF ATASCADERO DEC 32 1918' ° 11979 JULIE L.RODEW COMMUNITY DEVELOPMENT DEPARTMENT By counyCleek A1� 1)ep CITY OF ATASCADERO NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION AND PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Atascadero Planning Commission will be holding a public hearing to consider the following project and environmental determination. The public is encouraged to attend. Applicant: Lorraine Russell,3584 Maricopa Road,Atascadero,CA 93422 Project Title: Zone Change 2002-0008,Conditional Use Permit 2000-0024,Tentative Tract Map 2001-0011 for a 6- lot residential PD-7 subdivision. Project 6340 Alcantara Avenue,Atascadero,CA 93422(Vacant lot fronting Tecorida Avenue) Location: (San Luis Obispo County)APN 030-292-065 Project The project consists of an application for a PD-7 zone change,conditional use permit,and vesting Description: tentative tract map to subdivide a 1 acre parcel into 6 single-family residential lots ranging in size between 6,106 and 8,510 square feet(An existing house will remain for a net gain of 5 new lots/homes). The project includes one home per lot with varying architectural styles,colors and materials. 31 native trees are to be preserved on site and 64 native trees are proposed for removal. In addition,a seasonal creek will be preserved with project access bridging the creek from Tecorida Avenue. . • General Plan Designation: Medium Density Residential(10 units/acre) Zoning District: Residential Multiple Family—RMF-10 Environmental Begins:November 27,2002 Review Dates: Ends: December 26,2002 Hearing Date: January 21,2003 Hearing Atascadero City Hall,7:00 p.m. Location: 6500 Palma Avenue,4th Floor,Atascadero, CA 93422 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration Environmental is proposed. The proposed Mitigated Negative Declaration is available for public Determination: review from 11/27/02 through 12/26/02 at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Any interested person may review the proposed Negative Declaration and project files. Questions should be directed to Steve McHarris,Planning Services Manager at 461-5032. W en .Frace,Community Development Director Date • F1c ZCH 2000.0008.6710 Ak.,t—o i..Rv..ILISMM— Prim Data I V26=3:01 PM } 1 6500 PALMA AVENUE 0 ATASCADERO,CALIFORNIA 93422 (805)461-5035 FAX 461-5036 V lJ 1x79 CITY OFATASCADERO INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Environmental Review 2002-0049 Applicant: Lorraine Russell,3584 Maricopa Road,Atascadero,CA 93422 Project Title: Zone Change 2002-0008,Conditional Use Permit 2000-0024,Tentative Tract Map 2001-0011 for 6- lot residential PD-7 subdivision. Project 6340 Alcantara Avenue,Atascadero,CA 93422(Vacant lot fronting Tecorida Avenue) Location: (San Luis Obispo County)APN 030-292-065 Project The project consists of an application for a PD-7 zone change,conditional use permit,and vesting Description: tentative tract map to subdivide a I acre parcel into 6 single-family residential lots ranging in size between 6,106 and 8,510 square feet(An existing house will remain for a net gain of 5 new lots/homes). The project includes one home per lot with varying architectural styles,colors and materials. 31 native trees are to be preserved on site and 64 native trees are proposed for removal. In addition,a seasonal creek will be preserved with project access bridging the creek from Tecorida Avenue. General Plan Designation: Medium Density Residential(10 units/acre) Zoning District: Residential Multiple Family—RMF-10 �. Lead Agency Name City of Atascadero and Address: 6500 Palma Avenue Atascadero, CA 93422 Contact Person and Steve McHarris,Planning Services Manager Phone Number: City of Atascadero 6500 Palma Avenue,Room 104 Atascadero, CA 93422 General Plan Medium-Density Residential (10 units/acre) Designation: Zoning: RMF-10 Residential Multiple Family Surrounding Land North: Residential Uses and Setting: South: Vacant/Residential West: Tecorida Avenue/Commercial East: Residential Other public None agencies whose approval is required (e.g.,permits,financing approval,or participation agreement) 1/26/02 ZCH 2000-0008.6340 Alcanlaralarraine RusseII.1SMND.sm r 1 CITY OF ATASCADERO INITIAL STUDY • Attachment 1 Location Map 6340 Alcantara Avenue Atascadero, CA f I�� • . .1 3�y N s Q Project ' k Site Y. • 11/26/02 ZCH 2000-0008.6340 Alcantara.lorralne Russell.ISMNDAm— 077 y��h � ct-s'°""-1y�'s,'�ii L ttu r i t�k"�a -4• .��'L��ica ""k jy�,i ear'� .f ,2 �i ��i'�..: a-'{k �m ��'n'�+' s#:iAi�}Str�il`� � ��; ��T{'7.�'�c+yy ��ri .,�.�_+ 7. ci„? �'^•j:�' 3. ?y' �`�... �' M3 .i�P�, yt k L 'a't'9i � � t Z. } _ ,`� •-"� .€ - �„�4� rx-�`�i��;`�� .a?"��--.ia,°��v �5.',�b�w}rp�"�y� y�i .��'^ '�r"'� STC +. •z-ti���� >-.. � �t �"�'��ra'�~"'i`<' '�.,�. 7- "s'�-. ic`l'Y�J �. - F�IfC��, } ll ���xSsl'+,p'+ �� �t i a�.� N' ...*.-t ��i j�xk -7t''�,� ,yF.�~-�+�•?csi. 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"`.; '� S �:r '� y"� +� w� � _.tr:r•a may _ �.,• �.-y�r c'^3t $3 _.. �"�`� ..1'* +�:sem: y��W� "5-� r�„x"b-' z.�"��� fr d- ��► ..+�+�ie ..�t a� y^n r2`y,=�, '� 1 div-• 't -��4.s� Y<ai�'�`..a'�t�3" ..r • z'r. +, .' ;. .-:s. -�saw--�'.'"'" -mss ..rfw. �•?.rc y���. t � +, ` .r n' CITY OF ATASCADERO INITIAL STUDY • Attachment 3 Vesting Tentative Tract Map/Grading Plan/Site Plan t, K t ytaj , .3 lit 1i lip tz '1 =141! i;.ilijliiii IT lit j SIi ssib ;12 tie]i3 O9 ; i t' F; ;.y i Z �¢ • 11/26/02 ZCH 2000-0008.6340 Alcantara.Lorraine RusseII.ISMNOsm— CITY OFATASCADERO • INITIAL STUDY Attachment 3 Preliminary Landscape Plan 43 J1 1 s, iL 4 �Y r .0 1 •' 1 Fi'L� .� . •fit{ly �-�.,,,''�.�� z,...� •t - ,.y A ..1l..y: � d ^s •�\ a ,- 1 IIw 1 J 3 .d ■ �� a3j; �sj �i# ill 9�t] � � ii=� a i aa>3 i llll Ix IM fill, 1 1F ° ; #i dl tti :ijl ii = _ _ t ij 3 j jjP. t� ii � ai i 1� .i F �■� fill. p a .j ji3 TO i� 01 1126102 ZCH 2000-0006.6340 Alcantara-Lorraine Russell.ISMND.sm 080 �^ CITY OF ATASCADERO INITIAL STUDY . Attachment 3 Lot 1 - Floor Plan 631 7 3 a 0 I• 0 4 a . O o0 T' T 7 - 1M•OII rl Wi• i 0 ' O 1 f ssss: WrciuH A.ToRR2TPIZ�1 rZ'•���j7,( • - � ' /rda•oi�r•�av+ru ARCeHYlec7 tft� Itiryi�¢ S i esmx. RUN 1126102 ZCH 2000-0008.6340 Akentaralorraine Russell.ISMN0.snv u V CITY OF ATASCADERO • INITIAL STUDY Attachment 3 Lot 1 - Elevations 1UI _ e ED • �aO - QaO adO 0 all ' s WILLIAil A.T*ARCT .AReNI:IGT - 1� .flclft. vc Tlud j(Tfy,rc i( u..um1711�t'; t _ 11/26/02 ZCH 2000-0008.6340 Mcantara.Lorraine RussejI.ISMND.sm 682 CITY OFATASCADERO MRAL STUDY • Attachment 3 Lot 3 - Floor Plan i Lir 8 s � Jr ` 1"1it �L4r� C: r=a ''• I S f I � O ,. -o tI 1 lit �111 I .3-71 1 st z I - WILLIAFf A.To--.T { i j I .in.ce® xeser.eer Art exrrccr r 141 iy • sF:�IMOP kl 1126/02 ZCH 2000-0008.6340 Akantara.lorraine RusseII.ISMNDsm" V V CITY OFATASCADERO • INITL4L STUDY Attachment 3 Lot 3 - Elevations El I; z . 0 0 [Ell 8 � ooa r o I WILLIAM A.To -- I ARCAITLCT S oL I • 11126102 ZCH 2000.0008.6340 Alcanlara.lorraine Russell-ISMND.sm 084 CITY OF ATASCADERO INITIAL STUDY • Attachment 3 Lot 4- Floor Plan I- t � L1. - 0 i a O _ O I a_ I JJJws � • mccriiJJ r.'tCRxit' (�'w � - �.I 1126/02 ZCH 2000-0008.6340 Alcantara.lorraine Russell.ISMND.s v V 5 4�1 " CITY OFATASCADERO • INITIAL STUDY Attachment 3 Lot 4 - Elevations 19 Eln -lam i j e f I { rTF=9 19 oE a . ' �ROS WILLIAM A..TORR[T F I • .AKCHITZCT L A.... i ..t.r .• j 'a�ycerc�er n•u"w..�.iu e�u..•iiur �aii{{{; [I]��_(t •r�C�y 7 11/26/02 7�')lYr� ZCH 2000.0008.6340 Alcantaralorraine Russell.ISMND sm u v V CITY OF ATASCADERO INTIZAL STUDY • Attachment 3 Lot 5 - Floor Pian [ L b i iY 1 Nb { - • III 4 �s'..• -� IIS � I 1;' 8 i 1� I i' 0 1 N WILLIAM A ToRtx[T i S riaoriae0 ioe per[ A..... N. a t'{{i.[.;`rtt�`eI 'L r I �• hit[e[a 21 t it'll, 14� .�-"e"'L >•u •[c -u:�ii 1:1� 1126/02 ZCH 2000-0008.6340 Alcanlaralorraine Russeil.ISMND.sm- �� CITY OFATASCADERO INITIAL STUDY Attachment 3 Lot 5 - Elevations r F � i 'E I i � tui ; i p ::r E ROM V e � r N t WiLLIA4 A.TowRZT am .gyp. Aftom zCT �(K [ LCL6d8eLttfA�y A..1,k..e«. i'I.aaiaf �t � u.....•..:i•sem i+:�ii... tl}ti ; I1�1(.^,t � ' 11/26102 ZCH 2000-0008.6340 Alcantara-Lorraine Russell.ISMND.sm J CITY OFATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure ZCH 2002-0008, CU 2000-0024, TTM 2001-0011 c BUldingPertM PS:Bul ung woces BP.Buldng Pemd BS:Bwldng Services TO:Ter poray FD:Fin:DeparTmrtt cccwPoSce rent 6340 Alcantara Avenue dnspection ceC Engineer ar F0:FM Occupancy ww:wasemal& CnCity Attorney AW&%.water Comp. Mitigation Measure 1.c.1: All lighting shall be designed to eliminate any off site BP PS 1.c.1 glare. All exterior site lights shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30-feet in height,limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. ---::: Mitigation Measure 1.c.2: The project landscape shall include requiring one BP PS 1.c.2 24-inch box sized tree within the front yard of each new residence. Mitigation Measure 3.b: The project shall be conditioned to comply with all BP BS 3.b 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. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build- . . f 1126/02 ZCH 2000-0008.6340 Alcantara.Lorraine Russe1L1SMND.srn CITY OF ATASCADERO • INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure ZCH 2002-0008, CU 2000-0024, TTM 2001-0011 GP:GradngPertM Ps:Rearing Ser&M SR..Buildng Pert BS:Building Services TOTecrv"y FD:FreDepanrrent 6340 Alcantara Avenue al r CECAyegineer eM nspection CE City Engineer FO:Final Occupancy WW:Was water CA:Oty Attorney AMWC:Water Comp. up. Mitigation Measure 4.b 1: The proposed creek bridge shall be supported by BP, Ps city-approved caissons. Caisson locations shall be tested prior to drilling to GP 4.b.1 insure that no major roots are damaged. Adjacent trees shall have tree trunk protection(2"x4"x8'boards wired together and secured around the tree trunk prior to bridge.construction). Mitigation Measure 4 b 2: As recommended by California Department of Fish BP, PS 4.b.2 &Game Notification R3-2001-0171: GP • All work in the stream shall be confined to June 15 to October 15. • No equipment will be operated in live(wet)stream channels. ■ Any runoff during construction shall be diverted so as not to enter the stream. Sediment catchment basins,erosion control mats,fabric fences,or other appropriate means shall be used when such diversion are necessary. ■ Wash water containing mud or silt from construction operations shall not be allowed to enter the stream. • Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. . • No debris,soil,silt, bark,sawdust,rubbish,cement or concrete or washing thereof,oil or petroleum products or other organic or earthen material from construction or associated activity or whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into the stream. When operation are completed,any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of the stream. Mitigation Measure 4.e 1: The building permit site plan shall identify all 4.e.1 protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan.Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a certified arborist 4.e.2 during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of buildirig/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering /planning staff,grading equipment operators,project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. As identified in the tree protection plan,the root zone equals 1-foot radius for every 1 inch of tree trunk diameter.Several trees on this site will require tree trunk protection. Tree trunk protection is • 2"x 4"x8 foot boards that are wired together and placed around the tree trunk. Trees requiring this protection are:#5,6,20,21,22,32,33,34,and 35 as identified on the Tree Protection Plan. 11/26/02 ZCH 2000-0008.6340 Akantara.Lorraine RusseILISMND.sm .�} CITY OF ATASCADERO INITIAL STUDY • Exhibit A Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure GR ZCH 2002-0008 CU 2000-0024 TTM 2001-0011 EIRSUM gPemi` PS:Pladngs rvices > > BP.BuBdng Permit 6S:fiudung Sxvices TQ Tanporary FD:Fre Depavent PD:Police Departrnent 6340 Alcantara Avenue R Find inspection CF_GtyEn,ineer FO:Final Occupancy Ww:waster CA C+gr,L—y Amc,wadi carne. (c) As specified by the arborist report and City staff: • Remove all berry vines and trees designated for removal by hand; • Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; • Remove all debris and spoils from the lot cleaning and tree pruning. • Grub only for the proposed driveway(do not grade nor compact). • Install porous pavers over a three-inch bed of 3/.inch granite covered with one-inch pea gravel for screeding. • Use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area,outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and,prior to final occupancy a final status report . shall be prepared by the project arborist certifying that the tree protection plan was implemented,the trees designated for protection were protected during construction,and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 5.e: Should any cultural resources be unearthed during site GP BS 5.e development work,the provisions of CEQA-Section 15064.5,will be followed to reduce impacts to a non-significant level Mitigation Measure 6.b.1: The grading permit application plans shall include GP PS,BS,CE 6.b.1 erosion control measures to prevent soil,dirt,and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be hydroseeded with an GP PS,BS,CE 6.b.2 appropriate erosion control method(erosion control blanket,hydro-mulch,or straw mulch appropriately anchored)immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be submitted with GP Bs s.c.d a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention Plan GP PS,BS,CE 8.0.1 (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices(BMPs)appropriate to the uses • conducted on site that effectively prohibit the entry of pollutants into storm water runoff. 1126/02 ZCH 2000-0008.6340 Akantara.Lorraine RusselLISMND.sm 0 CITY OFATASCADERO • MTIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure ZCH 2002-0008, CU 2000-0024, TTM 2001-0011 GP.GradNPenM PS.Plaruinggervie5 BA.Buddng Permit BS addng Services Ta Teirwary FD:Fre Oepartrnent 6340 Alcantara Avenue �ar"y PtkPoke Departrnent r�n CE City Engineer FO".Final Occupancy Wet Wastmater CA Cityam mey AMC:Water Comp. Mitigation Measure 8 e f 2: The developer is responsible for ensuring that all GP Ps,Bs,CE 8.e.f.2 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations,or stop orders. Mitigation Measure 11 d: All construction activities shall comply with the City of BP, PSBs Atascadero Noise Ordinance for hours of operation. GP , 11.d Construction activities shall be limited to the following hours of operation: • 7 a.m.to 7 p.m. Monday through Friday • 9 a.m.to 6 p.m.Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m.on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are. • having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions,subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/BuildingPermit review lew process. Mitigation Measure 16 c 1: Points of concentrated drainage into the creek shall GP Bs,CE incorporate natural rock dprap designed to blend with the natural landscape 16.c.1 and function to dissipate energy and eliminate creek bank erosion,subject to review and approval of the City Engineer. • 1126/02 ZCH 2000-0008.6340 Alcantara.lorraine Russell.ISMNC cm- b 9 ', CITY OF ATASCADERO INITIAL STUDY • ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages.. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards &Hazardous ❑ Hydrology/Water Quality ❑ Land Use/Planning Materials ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. • ® I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a"potentially significant effect"or"potentially significant unless mitigated"impact on the environment,but at least one effect 1)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. /J)A U 1# Ste-,/e McHarris Planning Services Manager • 1128/02 ZCH 2000-0008.8340 AIcantara.Lorraine RusseII.ISMND.0 _ r 9 3 CITY OF ATASCADERO . INITIAL STUDYEVALUATION OF ENVIRONMENTAL DIPACTS: 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 forotential 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. »/26102 2CN 2000-0008.6340 Alcantara.lorraine Russ eII.ISMN®sm CITY OFATASCADERO IMTLAL STUDY • Initial Study 2002-0044 Potentially Less Than Less Than No Significant Significant with Significant Impact ZCH 2000-0008, CUP 2000-0024, TTM 2001-0011 Impact Mitigation Impact 6340 Alcantara Avenue Incorporation 1.AESTHETICS--Would the project: a)Have a substantial adverse effect on a scenic vista? 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? d)Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? El V-Nj El SOURCES: Project Description-Photos;Vesting Tentative Tract Map/Grading Plan/Site Plan,Sholders Land Survey; 11/21/02 Planning Staff Site Visit. Floor Plans&Elevations William Torrey,Architect; Preliminary Landscape Plan, Omni Design Group; Color&Materials Sample Boards,William Torrey,Architect. DISCUSSION: The project site is not located within a scenic vista. The site is within the City's multiple family residential zoning district,bounded on three sides by existing residential uses,and the front by Alcantera Avenue and commercial uses. Project conditions will require any lighting at the site to be designed to eliminate off site glare. The proposed landscape plan and architectural features for the project will reduce the visual impacts to a less than significant level. The proposed architectural style,colors and materials have been selected to be compatible with the surrounding residential environment. Mitigation Measure 1.c.1: If exterior lighting is proposed,it shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 25-feet in height,limit intensity to 2.0 foot candies at ingress/egress,and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type. Mitigation Measure 1.c.2: The project landscape shall include requiring one 24-inch box sized tree within the front yard of each new residence. 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 Williamson Act contract? • c) Involve other changes in the existing environment which, due to their location or nature,could result in conversion of El Farmland,to non-agricultural use? • - uJ 5 11126102 Page 20 ZCH 2000-0008.6340 Alcantara.Lorraine RussellJSMND.sm - s;67-5- CITY— "" °a" OF ATASCADERO INITIAL STUDY • Initial Study 2002-0044 Potentially Less Than Less Than No ZCH 2000-0008, CUP 2000-0024, TTM 2001-0011 Significant tnt Si Mitigationith Significant Impact 6340 Alcantara Avenue Incorporation SOURCES: Land Use Element EIR. DISCUSSION a.) The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency as prime farmland. b.) The property is not under a Williamson Act contract. c.) The project will not result in the conversion of farmland to non-agricultural uses. 3.AIR QUALITY--The significance criteria established by the Air Quality Control District in its CEQA Guidelines may be relied upon to make the following determinations.Would the project: a)Conflict with or obstruct implementation of the applicable air quality plan? b)Violate any air quality standard or contribute substantially ® El an existing or projected air quality violation? c)Result in a cumulatively considerable net increase of any El 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 concentrations? EJ e)Create objectionable odors affecting a substantial number of people? SOURCES: Air Pollution Control District(APCD)CEQA Air Quality Handbook, Project Description-Photos;Vesting Tentative Tract Map/Grading Plan/Site Plan,Sholders Land Survey. DISCUSSION: 3.a.c.)This project will not affect or produce any significant air pollutants after completion of construction. Construction activities, including site grading may produce small quantities of air pollution, including dust and equipment exhaust. Any air quality impacts will be temporary and short term. 3.b.)Construction activities,including site grading may produce small quantities of air pollution, including dust and equipment exhaust. Any air quality impacts will be temporary and short term. 3.d.)The construction of a residential building,and the associated on-site and public improvements will not concentrate pollutants. 3.e.)The construction of a residential building,and the associated on-site and public improvements will not create objectionable odors. Mitigation Measure 3.b: 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 plan 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 11rz6l02 Page 21 ZCH2O00-0008.6340 Alcantara.l.orraineRussel1.ISMN9.sm V ��- CITY OF ATASCADERO INITIAL STUDY • Potential) Less Than Initial Y Less Than No Significant Significant with Significant Impact ZCH 2000-0008, CUP 2000-0024, TTM 2001-0011 Impact Mitigation Impact 6340 Alcantara Avenue Incorporation 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. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. • 4. BIOLOGICAL RESOURCES--Would the project: a)Have a substantial adverse effect,either directly or E 1:1 El 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 habitat 1171 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 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 protecting EJ ® ❑ biological resources,such as a tree preservation policy or ordinance? D Conflict with the provisions of an adopted Habitat • Conservation Plan,Natural Community Conservation Plan, EJ El le-IN or other approved local,regional,or state habitat conservation plan? 97 11/26/02 Page 22 ZCH 2000-0008.6340 Alcantara.Lorraine Russell.ISMNDsrr CITY OFATASCADERO INITIAL STUDY • Initial Study 2002-0044 Potentially Less Than Less Than No ZCH 2000-0008, CUP 2000-0024, TTM 2001-0011 Significant tnt Significant Mit gat onith SiImipfi cant Impact 6340 Alcantara Avenue Incorporation SOURCES: Project Description-Photos;Vesting Tentative Tract Map/Grading Plan/Site Plan,Sholders Land Survey; Preliminary Landscape Plan,Omni Design Group;Tree Protection&Tree Preservation Plan, 1/22/02,Jack Brazeal; Tree Protection Plan Revision, 11/9/02,Jack Brazeal; Biological Assessment and Wetland Delineation,2/25/02, Morro Group; Drainage Analysis,2/22/02, Eric Gobler Civil Engineering;Streambed Alteration Notification Review (R3-2001-1071),3/28/02,California Department of Fish&Game; 11/21/02 Planning Staff Site Visit, Land Use Element EIR,Atascadero Tree Ordinance. DISCUSSION: 4.a.) No sensitive species have been found near the site. 4.b.) The project will involve construction surrounding a seasonal creek with the project access bridging the creek. Although no work is proposed within the creek,the below stated-mitigation measures have been included as recommended by the California Department of Fish&Game. 4.c.) There are no wetlands on the project site. 4.d.) The Land Use Element EIR concludes that development within the city limits will not have a significant impact on wildlife or wildlife corridors. 4e.f.)The proposed project will not conflict with local policies or ordinances protecting biological resources nor will it conflict with any conservation plans. With the below-stated mitigation measures,impacts to native trees will be reduced to a level of insignificance,consistent with the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.b.1: The proposed creek bridge shall be supported by city-approved caissons. Caisson locations shall be tested prior to drilling to insure that no major roots are damaged. Adjacent trees shall have tree trunk protection(2"x4"x8'boards wired together and secured around the tree trunk prior to bridge construction). • Mitigation Measure 4.b 2: As recommended by California Department of Fish&Game Notification R3-2001-0171: ■ All work in the stream shall be confined to June 15 to October 15. ■ No equipment will be operated in live(wet)stream channels. ■ Any runoff during construction shall be diverted so as not to enter the stream. Sediment catchment basins, erosion control mats,fabric fences,or other appropriate means shall be used when such diversion are necessary. ■ Wash water containing mud or silt from construction operations shall not be allowed to enter the stream. ■ Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. • No debris,soil,silt, bark,sawdust,rubbish,cement or concrete or washing thereof,oil or petroleum products or other organic or earthen material from construction or associated activity or whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into the stream. When operation are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of the stream. Mitigation Measure 4.e 1: The building permit site plan shall identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan.Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion,as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering/planning staff,grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. As identified in the tree protection plan,the root zone equals 1-foot radius for every 1 inch of tree trunk 1rz6<02 Page 23 ZCH 2000-0008.6340 Alcantara.Lorraine Russell.ISMND.sm CITY OFATASCADER0 • MTLAL STUDY Initial Study 2002-0044 Potentially Less Than Less Than No Significant Significant with Significant Impact ZCH 2000-0008, CUP 2000-0024, TTM 2001-0011 Impact Mitigation Impact 6340 Alcantara Avenue Incorporation diameter.Several trees on this site will require tree trunk protection. Tree trunk protection is 2"x 4"x8 foot boards that are wired together and placed around the tree trunk. Trees requiring this protection are:#5,6,20, 21,22,32,33,34,and 35 as identified on the Tree Protection Plan. (c) As specified by the arborist report and City staff: ■ Remove all berry vines and trees designated for removal by hand; ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. • Grub only for the proposed driveway(do not grade nor compact). ■ Install porous pavers over a three-inch bed of/4 inch granite covered with one-inch pea gravel for screeding. ■ Use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet. • All trenching or grading within the protected root zone area,outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. • No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented,the trees designated for protection were protected during construction,and the construction-related tree protection measures are no longer required for tree protection. . 5. CULTURAL RESOURCES--Would the project: a)Cause a substantial adverse change in the 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 resource or site or unique geologic feature? El d) Disturb any human remains,including those interred outside of formal cemeteries? SOURCES: Project Description-Photos; 11/21/02 Planning Staff Site Visit; Land Use Element EIR. DISCUSSION:5.a) None on site. 5 b.c.d)No known archeological or cultural sites have been found or documented in the vicinity of the project. Mitigation Measure 5.e: Should any cultural resources be unearthed during site development work,the provisions of CEQA-Section 15064.5,will be followed to reduce impacts to a non-significant level. 6.GEOLOGY AND SOILS--Would the project: a)Expose people or structures to potential substantial adverse effects,including the risk of loss,injury,or death involving: I)Rupture of a known earthquake fault,as delineatedEl • on the most recent Alquist-Priolo Earthquake Fault El Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known 1126/02 Page 24 ZCH 2000-0008.6340 A cantara.Larraine RusseII.ISMND.sm V J CITY OFATASCADERO INITIAL STUDY • Initial Study 2002-0044 Potentially Less Than Less Than No ZCH 2000-0008, CUP 2000-0024,TTM 2001-0011 Significant Significant Mitigation Significant Impact 6340 Alcantara Avenue Incorporation fault?Refer to Division of Mines and Geology Special Publication 42. ii)Strong seismic ground shaking? ❑ ❑ ❑ iii)Seismic-related ground failure,including ❑ ❑ liquefaction? iv)Landslides? ❑ ❑ ❑ b)Result in substantial soil erosion or the loss of topsoil? ❑ ® ❑ c)Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project,and ® ❑ potentially result in on-or off-site landslide,lateral spreading,subsidence, liquefaction or collapse? d)Be located on expansive soil,as defined in Table 18-1-B 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: Project Description-Photos; 11/21/02 Planning Staff Site Visit. Land Use Element EIR,Project Description-Photos;Vesting Tentative Tract Map/Grading Plan/Site Plan,Sholders Land Survey. DISCUSSION: 6.a.) The project is not located on any known earthquake faults. 6.b.) Construction activities on the site will be required to comply with sedimentation and erosion control measures prescribed by the city engineer. 6.c.d) Soils issues will be addressed by mitigation measures below. 6.e)Project will not require septic. Mitigation Measure 6 b 1: The grading permit application plans shall include erosion control measures to prevent soil,dirt,and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be hydroseeded with an appropriate erosion control method (erosion control blanket,hydro-mulch,or straw mulch appropriately anchored)immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the cleari-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6 c d: A soils report shall be required to be submitted with a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to.assure safety for occupants and buildings. The property contains no unusual geological formations. 7. HAZARDS AND HAZARDOUS MATERIA • LS—Would the L 11rz6M2 Page 25 i ZCH 2000-0008.6340 Alcantara.l.orraine Russell.ISMND.sm 'L CITY OFATASCADERO INITIAL STUDY Initial Study 2002-0044 Potentially Less Than Less Than No Significant Significant with Significant Impact ZCH 2000-0008, CUP 2000-0024,TTM 2001-0011 Impact Mitigation Impact 6340 Alcantara Avenue Incorporation Engineer. The Building Permit application plans shall identify Best Management Practices(BMPs)appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices,citations,or stop orders. 19.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? ❑ ❑ ❑ • SOURCES: Land.Use Element,Circulation Element,project description,Land Use Element EIR,memorandum from the Chief of Wastewater Operations;Vesting Tentative Tract Map/Grading Plan/Site Plan,Sholders Land Survey; Floor Plans&Elevations William Torrey,Architect;Preliminary Landscape Plan,Omni Design Group;Color& Materials Sample Boards,William Torrey,Architect;Tree Protection&Tree Preservation Plan, 1/22/02,Jack Brazeal; Tree Protection Plan Revision, 11/9/02,Jack Brazeal. DISCUSSION: 9.a. The project will not physically divide an established community. A residential use along Alcantara Avenue is consistent and compatible with the surrounding residential land use designation. 9.b.The General Plan identifies this site,along with adjacent properties as residential. The proposed project includes street frontage improvements along Alcantara Avenue. 9.c.The project is consistent with the open space and conservation policies identified in the General Plan. 10. MINERAL RESOURCES--Would the project: a)Result in the loss of availability of a known mineral VIq 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 ❑ ❑ ❑ Im mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? SOURCES: Project Description-Photos; 11/21/02 Planning staff site visit. DISCUSSION: • 10.a.b. No mining is proposed as a part of this project. No known mineral resources have been identified in the area. j Page 28 1126/02 9 ZCH 2000-0008.6340 Alpntara.Lorraine RusseILISMNDsm Ve CITY OFATASCADERO INITIAL STUDY Initial Study 2002-0044 Potential) Less Than • Y n Less Than No Significant Significant nith Significant Impact 2000-0008, CUP 2000-0024,TTM 2001-0011 Impact MImp 6340 Alcantara Avenue Incorporation 11. NOISE—Would the project result a)Exposure of persons to or generation of noise levels in El ❑ excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? b)Exposure of persons to or generation of excessive E]ground-borne vibration or ground-bome noise levels? Inj c)A substantial permanent increase in ambient noise levels ❑ in the project vicinity above levels existing without the project? d)A substantial temporary or periodic increase in ambient E] ® ❑ ❑ 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 miles of El a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? 0 For a project within the vicinity of a private airstrip,would EJ the project expose people living or working in the project area to excessive noise levels? SOURCES: Project description,Noise Element,Noise Ordinance,Acoustical Design Manual. DISCUSSION: 11 a.b.c.d. Construction is expected to involve some heavy machinery and use of impact tools that make noise. Noise levels on the site are thus expected to be raised temporarily. The future commercial use is not expected to generate unacceptable levels of noise to future adjacent commercial uses. 11.e.f. The project is not located within an airport land use plan or private airstrip. y. Mitigation Measure 11 d: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m.to 7 p.m.Monday through Friday • 9 a.m.to 6 p.m.Saturday • No construction on Sunday Further,particularly loud noises shall not occur before 8 a.m.on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions,subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. • 1112602 Page 29 ZCH 2000-0008.8340 Alcantara.Lormine RusseILISMNDsm 102 02 s CITY OFATASCADERO INITIAL STUDY • Initial Study 2002-0044 Potentially Less Than Less Than No ZCH 2000-0008, CUP 2000-0024, TTM 2001-0011 SiImpactgnificantSi Mitggationith Signif Impact 6340 Alcantara Avenue Incorporation b)Substantially deplete groundwater supplies or interfere E] ® ❑ substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.,the production rate of previously-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c)Substantially alter the existing drainage pattern of the site ❑ ❑ ❑ or area,including through the alteration of the course of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? d)Substantially alter the existing drainage pattern of the site ❑ ❑ or area,including through the alteration of the course of a ILN stream or river,or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on-or off-site? e)Create or contribute runoff water which would exceed the ❑ ® ❑ ❑ capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? . f)Otherwise substantially degrade water quality? El ❑ g)Place housing within a 100-year flood hazard area asEl ❑ mapped on a federal Flood Hazard Boundary or Flood El 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, ❑ FA injury or death involving flooding,including flooding as a result of the failure of a levee or dam? j)Inundation by seiche,tsunami,or mudflow? ❑ ❑ SOURCES: Project description,Flood Insurance Rate Map 060700 0003 B(1/20/82); 11/21/02 Planning Staff Site Visit; Preliminary Landscape Plan,Omni Design Group;Biological Assessment and Wetland Delineation,2/25/02, Morro Group; Drainage Analysis,2/22/02, Eric Gobler Civil Engineering;Streambed Alteration Notification Review (R3-2001-1071),3/28/02,California Department of Fish&Game. DISCUSSION: 8a. The construction will not violate wateru q allty standards. 8b. Theroject will not de 1 P 1 p eteround water supplies. Water will 9 pp be provided by Atascadero Mutual Water Company. 8c.d.e.f. The project will not alter any drainage course. Construction activities are subject to review for compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. 8.g.h.i. Future commercial uses will be outside of the 100-year flood hazard area. 8.i.j. The project area is not subject to innundation by a tsunami. • Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan(SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City 1126102 Page 27 ZCH 2O00-0008.6340 AIcantara.Lorraine Russell.ISMNO.sm— s �J CITY OFATASCADERO IlVITIAL STUDY . Initial Study 2002-0044 Potentially Less Than Less Than No ZCH 2000-0008, CUP 2000-0024, TTM 2001-0011 Significant Impact SignificantMitigatonith SiImptaccttnt Impact 6340 Alcantara Avenue Incorporation project: a)Create a significant hazard to the public or the ❑ environment through the routine transport,use,or disposal of hazardous materials? b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c)Emit hazardous emissions or handle hazardous or acutely E 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 hazardous materials sites compiled pursuant to Government kcsl 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? 0 For a project within the vicinity of a private airstrip,would the project result in a safety hazard for people living or El working in the project area? g)Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h)Expose people or structures to a significant risk of loss, injury or death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES: Project description,General Plan Land Use Element. DISCUSSION 7a.b.c. The project is not anticipated to generate or involve use of significant amounts of hazardous materials.There are no known hazardous materials on the site or nearby. 7.d. The property is not a listed hazardous material site. 7e.f. The property is not near an airport. 7g.h.The site is within the Fire Department's seven-minute response area and a fire department turn around will be provided within 150 feet of the residence.The Fire Marshall will determine if the residence will have fire sprinklers during review of the building permit. 8. HYDROLOGY AND WATER QUALITY--Would the project: a)Violate any water quality standards or waste discharge • requirements? ❑ 11/26/02 Page 26 ZCH 2000-0008.6340 Alcantara.Lorraine Russeli.ISMNO.srr 10 4_ / `R CITY OFATASCADERO INITIAL STUDY • Initial Study 2002-0044 Potentially Less Than Less Than No Significant Significantwith Significant Impact 2000-0008, CUP 2000-0024, TTM 2001-0011 Impact ationImpact 6340 Alcantara Avenue Incorporation 12. POPULATION AND HOUSING--Would the project: a) Induce substantial population growth in an area,either directly(for example,by proposing new homes and businesses)or indirectly(for example,through extension of roads or other infrastructure)? b)Displace substantial numbers of existing housing, 1771 necessitating the construction of replacement housing EJ M V1\1 elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? El El SOURCES: Project description,General Plan Land Use Element. DISCUSSION: 12.a. No housing or new streets are proposed. 12.b.c.No housing or persons will be displaced. 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? El Police protection? ❑ ❑ Schools? ❑ ❑ Parks? E] ❑ El Other public facilities? E El SOURCES: Project descri tion Lan J p d Use Element EIR. DISCUSSION: Development Impact Fees: Development Impact Fees will be required of any new project for which a building permit is issued. The concept of the impact fee program is to fund and sustain improvements which are needed as a result of new development as stated in the General Plan and other policy documents within the fee program. Development Impact Fees fall into the following categories: Drainage Fees(including the Amapoa Tecorida Drainage Area Fee); Streets,Road, Bridge Fees;Sewer Fees; Public Safety Fees;and Park Fees,Miscellaneous Fees. In addition, school fees are collected by the Atascadero Unified School District. The amount of impact fees to be paid will be determined at the time of issuance of building permit. • Flre and Police: Impact fees are charged for new development,to help pay the cost of providing new facilities to serve the expanding city.The Fire Department of the City of Atascadero has indicated that it will be able to adequately service the proposed project. The applicant shall comply with all requirements of the Fire Department. 1126102 Page 30 ZCH 2000-0008.6340 Alcantara.Lorraine RusseII.ISMND Vn _ 105 CITY OF ATASCADERO INITIAL STUDY Initial Study 2002-0044 Potentially Less Than Less Than No ZCH 2000-0008, CUP 2000-0024, TTM 2001-0011 SiImp ct Si Mitgation�th SiImpacctnt Impact 6340 Alcantara Avenue Incorporation The City of Atascadero Police Department has also indicated that the proposed project poses no problems to the police to adequately service it. Schools: At buildout,the city's population will overburden the existing school system unless additional classroom space is added.The Atascadero Unified School District charges impact fees to fund additional schools as needed. State law restricts mitigation of school impacts to the levying of these fees and other measures adopted by the school district. Provision of adequate facilities for the population is the responsibility of the school district. Fees will be required through construction permits for the residence. Parks: New residences will increase demand on parks and recreation facilities.The city's Parks& Recreation Commission is committed to finding ways to continue to provide parks and other recreational opportunities to city residents as the city expands,thereby addressing cumulative impacts. No new residences are proposed. Other public facilities:The construction of the project is not expected to have significant impacts on any other public facilities. 14. RECREATION-- a)Would the project increase the use of existing El ❑ neighborhood and regional parks or other recreational facilities such that,substantial physical deterioration of the facility would occur or be accelerated? • b)Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? SOURCES: Project description, Parks and Recreation Element. DISCUSSION: 15.a. Residents are expected to use existing parks and recreational facilities,but the numbers are not expected to result in substantial physical deterioration of any facilities. 15.b. The project does not involve construction of recreational facilities. 1 5.TRANSPORTATION/TRAFFIC--Would the project: a)Cause an increase in traffic that is substantial in relation ® a to the existing traffic load and capacity of the street system El El (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 E E service standard established by the county congestion management agency for designated roads or highways? c)Result in a change in air traffic patterns,including either FA an increase in traffic levels or a change in location that El El ILIJ results in substantial safety risks? d)Substantially increase hazards due to a design feature E El(e.g.,sharp curves or dangerous intersections)or • incompatible uses(e.g.,farm equipment)? e)Result in inadequate emergency access? 11rz6ro2 Page 31 6 ZCH 2000-0008.6340 Alpnta2,Lorraine Russell.ISMNDsm + -15;*6 0� CITY OF ATA SCADER® INITIAL STUDY • Initial Stud 2002-004 Potential! Less Than }/ 4 Y Less Than No Significant Significant with Significant Impact ZCH 2000-0008, CUP 2000-0024, TTM 2001-0011 Impact Mitigation Impact 6340 Alcantara Avenue Incorporation ❑ ❑ ❑ 0 Result in inadequate parking capacity? ❑ ❑ ❑ g)Conflict with adopted policies,plans,or programs ❑ ❑ El alternative transportation(e.g.,bus turnouts, bicycle racks)? SOURCES: Land Use Element,Circulation Element;Vesting Tentative Tract Map/Grading Plan/Site Plan,Sholders Land Survey. DISCUSSION: 15.a.b.The Circulation Element(CE)anticipates an increase in development in this area. The CE incorporates mitigation for effects from increased traffic. 15.c. No changes will occur to the air traffic patterns. 15.d. The project's access has adequate site distance onto Tecorida Avenue. 15.e. The project will have adequate emergency access from Tecorida Avenue. 15.f. Adequate parking will be provided on-site for the future residential use. 15.g. The project is consistent with the area circulation and per the General Plan. The applicant shall provide a reciprocal access easement with the adjoining properties to the north,central and south. Pave-out,curb,gutter, sidewalk and landscaping are required along the entire property frontage. Public Improvement plans are required to detail the construction. • 16. UTILITIES AND SERVICE SYSTEMS TEMS--Would the project: a)Exceed wastewater treatment requirements of the ❑ ❑ ❑ applicable Regional Water Quality Control Board? b)Require or result in the construction of new water or ❑ ❑ ® ❑ wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? c)Require or result in the construction of new storm water ❑ ® ❑ drainage facilities or expansion of existing facilities,the ❑ ' construction of which could cause significant environmental effects? d)Have sufficient water supplies available to serve the ❑ ❑ project from existing entitlements and resources,or are new or expanded entitlements needed? e)Result in a determination by the wastewater treatment ❑ ❑ provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 0 Be served by a landfill with sufficient permitted capacity toEl F1accommodate the project's solid waste disposal needs? El• g)Comply with federal,state,and local statutes and regulations related to solid waste? SOURCES: Project description,Land Use Element(LUE)EIR;Vesting Tentative Tract Map/Grading Plan/Site Plan, 1126102 Page e 32 A ;�f ZCH 2000-0008.6340 Alcanfara.Lorraine RusseILISMND�m_ O �y CITY OF ATASCADERO INITIAL STUDY • Initial Study 2002-0044 Potentially Less Than Less Than No ZCH 2000-0008, CUP 2000-0024,TTM 2001-0011 Significant Si Mitigation th Significant Impact Impact 9 Impact 6340 Alcantara Avenue Incorporation Sholders Land Survey. DISCUSSION: Water The Atascadero Mutual Water Company(AMWC)will provide water. All property within the city limits is entitled to water from the AMWC. The project is not expected to require significant quantities of water for the proposed uses. Water is pumped from two portions of the largest underground basin in the county,the Paso Robles Formation, using a series of shallow and deep wells.The water company anticipates that it will be able to meet the city's needs through buildout and beyond: Water demand at buildout under the LUE is estimated at about 8,500 acre-feet per year(AFY).The total available groundwater supply greatly exceeds demand,according to the findings of the Long-Term Viability of Water study. However,the water company does not currently have the deep wells needed to tap into the total amount needed at buildout. The water company is currently developing plans for installing wells where they will be most effective and will not conflict with water rights of others. According to the Water Company,development of additional wells is expected to keep pace with construction in the city,so that water supply will not be interrupted. Sewer. Sewer discharge will be handled by an on City sewer connection. Storm Water. On-site storm water drainage has been designed to flow follow existing drainage pattern with flows into the on-site seasonal creek. Points of concentrated drainage into the creek shall incorporate natural rock riprap designed to blend with the natural landscape and function to dissipate energy and eliminate creek bank erosion. Mitigation Measure 16 c 1: Points of concentrated drainage into the creek shall incorporate natural rock riprap designed to blend with the natural landscape and function to dissipate energy and eliminate creek bank erosion, subject to review and approval of the City Engineer. 17.MANDATORY FINDINGS OF SIGNIFICANCE-- a)Does the project have the potential to degrade the quality El 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 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? DISCUSSION: The project site is an undeveloped commercial infill site,which is currently g bein • proposed as a mixed use project with separate commercial building and residential building,consistent with the General Plan and Zoning Ordinance. The proposed project has been analyzed as required by CEQA. Project-related impacts have 1W6ro2 Page 33 : ZCH 2000-0008.6340 AIcantara.Larraine Russell.ISMND.sm" E � °'" V r, CITY OF ATASCADERO INITIAL STUDY been identified and mitigation measures have been included within the proposal to reduce the effect of the proposed project as described herein. SOURCES: General Plan Land Use Element, City of Atascadero,2002 Zoning Ordinance, part of Municipal Code, City of Atascadero,as amended through 1999. Land Use Element Environmental Impact Report,Crawford, Multari,&Clark,adopted 2002 CEQA Handbook,Air Quality Control District,August 1995 General Plan Safety Element,City of Atascadero,2002 General Plan Circulation Element,2002 General Plan Noise Element,adopted 2002 Acoustical Design Manual, Brown-Buntin Associates, 1991 Noise Ordinance,City of Atascadero, 1992 Guide for Developers,Atascadero Fire Department, 1998 draft Flood Insurance Rate Map,community-panel number 060700 0003 B, Federal Emergency Management Agency, January 20, 1982 Trip Generation, Institute of Traffic Engineers PROJECT-SPECIFIC SOURCES: Project description includes the following: ■ Vesting Tentative Tract Map/Grading Plan/Site Plan,Sholders Land Survey ■ Floor Plans&Elevations William Torrey,Architect ■ Preliminary Landscape Plan, Omni Design Group ■ Color&Materials Sample Boards,William Torrey,Architect ■ Tree Protection&Tree.Preservation Plan, 1/22/02,Jack Brazeal • • Tree Protection Plan Revision, 11/9/02,Jack Brazeal ■ Biological Assessment and Wetland Delineation,2/25/02,Morro Group ■ Drainage Analysis,2/22/02, Eric Gobler Civil Engineering ■ Streambed Alteration Notification Review(R3-2001-1071),3/28/02,California Department of Fish&Game • 11126102 Page 34 09 ZCH 2000-0008.6340 Alcantara.Lorraine RusseILISMNOsm AJ XA\A g PH. (ack Brazeal's Tree Consultin805)227-6140 •FAX (805) 238-9217 - Contractor's Lie, 619923 4531 SKIPJACK LANE,PASO ROBLES,CALIFORNIA 93446 AMERICAN SOCIETY OF _ CONSULTING ARBORISTS - - November 09, 2002 Douglas Sholders Sholders"Land Surveys 6805 Los Gatos Road Atascadero, CA 93422 Reference Number: 12210I.107 RE: Tree Protection Report @ Tract#2445 6 Lot Subdivision 6340 Alcantara Ave. Atascadero, California This letter is to confirm my meeting,Nova 08, 2002, with Steven McHarris (Atascadero City Planner) in regards to the above listed project.We discussed the corrections listed in the second project review and the conclusions were as follows: The Bride: The proposed bridge is a vital component of this project that will afford access to the lots - 3, 4, & 5 and will also be an attractive feature for this project.. Consequently the location of the bridge site is within the critical root zone area of large significant trees. To mitigate detrimental impacts to the adjacent trees the following procedure is recommended. The bridge is to be supported by approved installed caissons. The location of the caissons is to be tested prior to drilling to insure that no major roots are damaged. The adjacent trees are to have installed tree trunk protection(2"X4"X8' boards wired together and secured around the tree trunk prior to bridge construction). Diagnostics=Tree Protection Plans.-ExpertWitness Service-'Plant Health Care Recommendations REGISTERED CONSULTING ARBORIST NO.377-CERTIFIED ARBORIST NO.WCISA 0163-TAX No 74R4RR7R 1 • Pg.02Brazeals Tree Consulting November 09, 2002 Sholders/Russel/Tr. 2445 Tecorida Avenue: Omit the proposed pavers and install asphalt as required. The sycamore trees along side of this street are well established and healthy. The proposed pavers would offer no significant improvement nor additional protection for the root zone area of these trees. The street improvements as recommended in this revision will have no short or long term ' detriment to the subject sycamore trees. Other Impacted Trees: The results.of impacted tree depends upon several factors, such as, tree vigor and vitality, soil conditions, weather conditions, wind exposure and extent of impact. The native trees existing on this site are healthy and vigorous due to the almost perfect environment they are growing in. . Healthy and vigorous trees are tolerant to significant impacts to the root system but usually require post-impact remediation(retain natural environment for the root zone area that is not impacted). The tree protection fencing, the retained natural environment, the retainer walls and porus pavers will serve as adequate protection for the impacted trees. PruPavers: o s The'porus pavers are to be installed over a three-inch bed of/4 inch granite covered with one inch of pea gravel for screeding. Grub only for the proposed driveway(do riot grade nor compact). Use pegged curbs to secure the porus pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one foot by one foot pot hole every four to six liner feet. - • Pg.03BNovember 09razeals Tree Consulting ,,2002 Sholders/Russel/Tr. 2445 Discussion: mity of native trees is always challenging, but the Developing around or within close proxi results of developing within the native forest has many positive attributes. A seasonal creek divides this site. Along the creek and on the West side of the creek, it is heavily forested with an over-story of large oak and sycamore trees and an under-story of small oak tree saplings and blackberry vines. The East side of this site is a grassy hill that is free of brush and under-story but has a few large oak trees around the site perimeter. All trees appear to be lush,-healthy and growing. Conclusion: It is my opinion that the requirements listed in original report along with-this revision.are adequate for the protection and preservation of the existing trees located on this site. Jack Brazeal RCA # 377 Registered Consulting Arborist Tree Protection & Tree Preservation Plan Report Tract#2445 A Sia Lot Subdivision 6340 Alcantara Avenue Atascadero, California Prepared for: APR 5 2002 Douglas Sholders C01W411JN, Sholders Land Surveys 7v c�vF�opM�;vr 6805 Los Gatos Road Atascadero, California Prepared by: Jack Brazeal Jack Brazeal's Tree Consulting 4531 Skipjack Lane Paso Robles, California Reference# 1221-01.107 January 22,2002 • f � • SUMMARY Developing around or within close proximity of native trees is always challenging, but the results of developing within the native forest has many positive attributes. This site will be sensitive to development due to the many large and small trees, berry vines and a seasonal creek. Existing on this site proposed for development are 35 large and medium size native trees that are to be retained and need to be pruned for structural strength and crown cleaning. A total of 64 trees are proposed for removal. The vast majority of these 64 trees are 4 inches or less in diameter. The 64 small trees and berry vines are to be removed using hand-held tools to avoid compaction, disruption and other damage to the root systems of the trees to be retained. When the lot has been cleaned and the trees pruned and the tree protection installed, inspected and approved, construction may begin. i • J� i • TABLE OF CONTENTS Summary............................................................................................................. i Table of Contents. Assignment........................................................................................................... 1 Limitof Assignment.............................................................................................. 1 Purposeof Report................................................................................................. 1 Observation........................................................................................................... 2 Testing&Analysis................................................................................................ 2 Methodology......................................................................................................... 3 Tree Invento Tree Protection&Tree Preservation Requirements.............................................. 7-8 Discussion............................................................................................................ 8 Conclusion............................................................................................................ 9 Recommendations................................................................................................. 10 Supporting Information: SitePhotographs....................................................................................... 11-16 SitePlan..................................................................................................... 17-20 • ll Pg. I/Brazeal's Tree Consulting 122101.107 • D. Sholders/Tree Protect. Rpt. ASSIGNMENT Prepare a report to address all the native trees on this site that will be impacted by the proposed development. Included in the report will be recommended mitigation measures for native tree protection and preservation. All impacted native trees will be inventoried and listed in the report. LIMITS OF ASSIGNMENT Any changes to the original report are to be changed by addendum and may be subject to additional charges. PURPOSE OF REPORT Native tree protection and preservation is required by the City of Atascadero's Native Tree Regulations and Tree Protection Ordinance. • - Flu Pg. 2Brazeal's Tree Consulting122101.10 • 7 D. Sholders/Tree Protect. Rpt. OBSERVATION The general area of this site location is Southeast of Hwy. 41 and Highway 101 freeway, 1 block East of Hwy. 41. A seasonal creek divides this site. Along the creek and on the West side of the creek, it is heavily forested with an over-story of large oak and sycamore trees and an under-story of small oak tree saplings and blackberry vines. The East side of this site is a grassy hill that is free of brush and under-story but has a few large oak trees around the site perimeter. All trees appear to be lush, healthy and growing. TESTING&ANALYSIS All trees on this site were visually viewed for their. species, size, vigor, vitality, structural • strength and growing conditions. No climbing for canopy inspection nor excavation for root crown inspection was performed on any trees on this site. � l Pg. 3Brazeal's Tree Consulting • 122101.107 D. Sholders/Tree Protect. Rpt. METHODOLOGY Inventory all trees existing on this site for species, size, condition,location and determination, either save or remove. All trees on the site are marked with flagging tape. Red flagging tape indicates removal and green flagging tape indicates trees to be saved/retained. Prepare tree protection and tree preservation recommendations and requirements for the native trees required to be saved. All trees are numbered on the site plan and in the tree protection plan report. • • Pg. 4Brazeal's Tree Consulting 122101.107 D. Sholders/Tree Protect. Rpt. TREE INVENTORY 1. 8", 6" diameter double trunk valley oak tree. Good condition. To be saved. 2. 1011, 18" diameter double trunk valley oak tree. Good condition. To be saved. 3. 7" diameter valley oak tree. Good condition. To be saved. 4. 42" diameter valley oak tree. Good condition. To be saved. 5. 30" diameter sycamore tree. Good condition. To be saved. 6. 6" diameter valley oak tree. Good condition. To be saved. 7. 32" diameter sycamore tree. Good condition. To be saved. 8. 8" diameter valley oak tree. Good condition. To be saved. 9. 8" diameter valley oak tree. Good condition. To be saved. 10. 9" diameter valley oak tree. Good condition. To be saved. 11. 20" diameter valley oak tree. Good condition. To be saved. 12. 6" diameter valley oak tree. Good condition. To be saved. 13 50 diame • ter valley oak tree. Good condition. To be saved. (Lot#2) 14. 6" diameter valley oak tree. Good condition. To be saved. 15. 8" diameter valley oak tree. Good condition. To be saved. 16. 5" diameter valley oak tree. Good condition. To be saved. 17. 811, 711, 6", 5" diameter, multi-trunk valley oak tree. Good condition. To be saved. • 18. 36" diameter valley oak tree. Good condition. To be saved. Pg. 5Brazeal's Tree Consulting 122101.107 D. Sholders/Tree Protect. Rpt. • i TREE INVENTORY(cont'd) 19. 9 diameter valley oak tree. Good condition. To be saved. 20. 33" diameter valley oak tree. Good condition. To be saved. 21. 24" diameter valley oak tree. Good condition. To be saved. 22. 38", 20" diameter, double trunk valley oak tree. Good condition. To be saved. i, 23. 12" diameter valley oak tree. Good condition. To be saved. 24. 4" diameter valley oak tree. Good condition. To be saved. 25. 30" diameter valley oak tree. Good condition. To be saved. 26. 8" diameter valley oak tree. Good condition. To be saved. 27. 4" diameter valley oak tree. Good condition. To be saved. 28. 3" diameter valley oak tree. Good condition. To be saved. 29. 18" diameter valley oak tree. Good condition. To be saved. 30. 14" diameter valley oak tree. Good condition. To be saved. 31. 8" diameter valley oak tree. Good condition. To be saved. NOTE: The 31 trees to be saved are to be protected and preserved by the following tree protection and tree preservation measures listed in this report. - IIIA :IConsulting 122101,107 D. olrazeal�s Tree Consu g ders/Tree Protect. Rpt. TREE INVENTORY (cont'd) NOTE: These 4 large sycamore trees are located off-site but will require tree trunk protection the same as the on-site trees. 32. 48" diameter sycamore tree. Good condition. To be saved. 33. 30" diameter sycamore tree. Good condition. To be saved. 34. 48" diameter sycamore tree. Good condition. To be saved. 35. 48" diameter sycamore tree. Good condition. To be saved. Isite has many under-story trees and the majority are proposed to be removed. These are not plotted on the site plan but are flagged in the field for removal. The diameter of these small under-story valley oak trees are: 18, 14, 4, 4, 4, 3, 4, 2,2,4, 3, 5, 4, 4, 3, 6, 5, 3, 5, 5, 4,4, 3, 4, 4, 3, 5, 4, 2, 3, 3, 4, 6, 3, 4, 3, 3, 3, 2, 4, 2, 3,2, 3, 2, 2, 4,2,2, 3, 3, 2, 3, 4, 5, 2, 3, 3, 2, 3,4,4, 4, 4. The total diameters of the above 64 small under-story valley oak trees is 244 inches. • Pg. 9Brazeal's Tree Consulting 122101.107 • D. Sholders/Tree Protect. Rpt. CONCLUSIONS 1. This site will be sensitive to develop due to the existing environmental conditions. 2. The intent for tree preservation on this site is to retain and protect the "over-story" (large, significant native trees) and remove most of the "under-story" (small sapling trees). 3. Protection for these trees can be obtained by following the requirements listed in this report. • 122 • Pg. l OBrazeal's Tree Consulting 122101.107 D. Sholders/Tree Protect. Rpt. RECOMA ENDATIONS 1. Follow all the requirements and all the guidelines of this report and the guidelines of the " City of Atascadero's Native Tree Regulations, Ordinance No. 350.'° (Avaiable at the planning dept.) 2. Three site inspections are recommended for tract requirements compliance. #I. After lot cleaning and tree pruning, but before tree protection and fence installation. #2. After the tree protection and tree protection fence installation. #3. Just after project completion and before any occupancy permits are issued. • Jack Brazeal Registered Certified Arborist t i i i , 1Tri��� �-�y�•tr �#'�►� T' '`}�T ��r 1 E ;g �, � `• ,r* !' r' 2 � s `' �t � :� r � r; � Yr ;l � 3t Fl }I _t sir Y-`� , -�• l rt-iM y�i , < qp-4 �� r �id• a� i T t A�- ►ems; � r ISp i�'�f i�� ( t� t+.r ,� �Piq, t .• 'b .i�iii'K, p}' •t'/rY i b:,"r" � -�I it¢$c(iy.x irk `tet► y t.F <I�,i j'4 t Rye".j' "zt '1W. a,��i --� r4�� � I r i.d��i ��Tw � )!s�, b ►!t ��, � .�� ♦isy ► �' ��r-iii ;l�i•.YcQ;t��f� g. f i ,►'-I t 1'tt �-,s 1Z*'yw. �' w }!� i• a• � t 3 iC ) �iy* T.�k� V-1 t' ir, Si 4f < -`•< f v--- d ..i ► < Yi ��p1-e�i (, si� _;:� 3 ;i Yr is. f ► r j t �' ! &;,.. Y.y,�..lRti.� a. �_: R1'aa�iT TK` •f yyy��� 3•a-+ F i 1 i 3 d s tQQQ� `� k 1.1 :r,6 }" t- ii } Ori" E�� "%r`y� �i A°+g+4 ,jf., w ea r►11r a �? - a .- r r . 1•. `�` id��1 {*� r � } 9, �" r« it <id fTL�'t, l t - •}• r Ir. ' 4 ft � }s. 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Rpt. 122101.107 rp SITE LOCATION TRACT 2445 A SIX LOT SUBDIVISION 6340 ALCANTARA AVENUE ATASCADERO, CALIFORNIA • E • Pg. 18BrazeaPs Tree Consulting 122101.107 D. Sholders/Tree Protect. Rpt. qo Lao 43 V • 'Y J Sym. �E L DT o 2 fjAN "O"Tli Z7 0 ' P4ANj5,YAV64 AR NEW LrYJti':• CHOICE m 0. y VERP�A/A y OYRACAN e\Sk! ' WOMIX/HAWrHORHB - d, 1 r G AW 4% SITE PLAN TRACT 2445 A SIX LOT SUBDIVISION • 6340 ALCANTARA AVENUE ATASCADERO, CALIFORNIA Pg. 19Brazeal's Tree Consulting • D. Sholders/Tree Protect. Rpt. 122101.107 49- SAO 5yv �a ►a 7YP. L /G.4cE5: �aLot✓ItirG P". r SH HisC: 3uuiPERI - - a-" "" " dGEtitIGL�R� 57iQAlJ9BRRY Gv ".•. ....� �:- --'-��P/RACA.U7iiif.:j-�itSM/LA;'O,Q TAU r • _ _ S 60 _ LOT ' Z• 1 R A,V • / °y-W° .Q mi •-4•�RKS w� :. H 3�' ,, SYG. - l✓ o LOT 6 • Vu 2 `- PLAN ..�.• 0• 29 s 7YP. Z P6ACS5: �- !-�.�°. OLANj3N.fu65 ARO(lNl7 _• NEVI N:GHO/CE G#�. SITE PLAN TRACT 2445 A SIX LOT SUBDIVISION 6340 ALCANTARA AVENUE ATASCADERO, CALIFORNIA, J2 • Pg. 20Brazeal's Tree Consulting 122101.107 D. Sholders/Tree Protect. Rpt. GOT 11 / • w° �o W° LPA .� a pV LOT Z K J�V" \ L O T 3 .00 RAN A" F1ZSE �ti1` •_�q So•w (� oq►c5 3�,V 0 /� � - Q•J° �i .wo W i"' z LOT ¢ ti4 6 • „yv o QaK 27 A Z9 . rYP:2 PcAcEs P4ANr5NRvf35 AROLAW Wo NEG(/Lf�il/y�:CHOICE Cf� L'ERZ£NA, PYRAGAN7fls�, /AIO(AN HAWMOAN8 Hoe _ LAW✓ LOT * - wa PLAN'6"�{EYERS� 36 N64<�.�6 SITE PLAN TRACT 2445 A SIX LOT SUBDIVISION • 6340 ALCANTARA AVENUE ATASCADERO, CALIFORNIA 3 ! J 'TAT OF CA IFORNIA THE R=SOURCES AG. �Y DEP RTMENT OF FISH AND GAME CENTRAL COAST REGION GRAY DAVIS GOVERNOR (707)944-5520 Mailing address: RECEIVED POST OFFICE BOX 47 • YOUNTVILL.E CALIFORNIA 94599 Street address: 7329 SILVERADO TRAIL APR 1 .5 2002 NAPA CALIFORNIA 94558 COMMUNITY DEVELOPMENT March 28, 2002 Ms. Phyllis Russell Notification Number: R.1-2001-1071 Post Office Box 257 ' Atascadero, California 93422 Dear Ms.Russell: Results of a Lake or Streambed Alteration Agreement g ment Notification Review We have received and evaluated your Notification of Lake or Streambed Alteration a determined that it was complete. Using the information from your attached descrition p ckage and questionnaire, we have determined the following: P , plans, maps, and The possibility of substantial impacts from this project as described is unlikely or the activity is outside the jurisdiction of the Department under Section 1600 et. seq. of the Fish and Game Code' If you conduct your project as described in the Notification, no Streambed Alteration Agreement is required. Please be advised that a permit or California Environmental Quality Act CEQA Project may be required by another agency. ( Q ) review of your The statements below are designed to ensure compliance with other sectio If your project will not comply with these statements, please contact the Departmentns of the Fish and Game Code. Alteration Agreement. to obtain a Streambed All work in the stream or.lake shall be confined to Tune 15to October 15,'2002. No equipment will be operated in live (wet) stream channels. Any runoff from steep, erodible surfaces will be diverted so as not t o enter the stream or catchment basins, erosion control mats, hay bales, fabric fences, or other appropriate mea lake. Sediment when such diversions are necessary. ns shall be used ' Wash water containing mud or silt from aggregate ate washing or other operations shall not be allowed to enter a lake or flowing stream. Structures and associated materials not designed to withstand high se areas above the high water mark before such flows occur. asonal flows shall be removed to i I t Ms.Phyllis Russell March 28,2002 Page 2 No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings petroleum products or other organic or earthen material from an to thereof e , oil or Y logging, construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by runoff into waters of the State. When operations are completed, any excess materials og water debris rainfall or removed from the work area. No rubbish shall be deposited within 150 feet of the high shall be any stream or lake. teerr mark off RETAINA COPY OF THIS LETTER AND YOUR ATTA THE WORK SITE AND PRO FIDE TO DEPARTMENT REPRESEN CI-IED T�E F R TION P`9 CKA CE AT EQ VESTED. Thank you for taking time to notify the Department. If you have any questions, lease c Office Technician, at(707)0944-5520. p all Sandy Brunson, Sincerely, /y L 1Robert 16loerke • Regional Manager Central Coast Region cc: Wdn.Sparks Lt.Sterbinsky Mike Hill City Council Draft Ordinance A March 11,2003 Page 4 of 4 • ATTACHMENT 4: Draft Ordinance A PD-7 Master Plan of Development(CUP 2000-0024)/ZCH2O00-0008 Approval of Proposed Zoning Map Change DRAFT ORDINANCE A A ORDINANCE OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2000-0008,AMENDING THE ZONING MAP DISTRICT OF APN 030-029-065 FROM RMF-10 TO RMF-10/PD-7 OVERLAY DISTRICT SUBJECT TO A MASTER PLAN OF DEVELOPMENT. (6340 Alcantara Avenue/Russell) WHEREAS, an application has been received from Lorraine Russell (PO Box 257, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a zone change from RMF-10 (Residential Multi-Family)to RMF-10/PD-7 (Residential Multi- Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a six lot residential Tentative Tract Map on APN 030-292-065; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002-0049 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 MDR(Medium Density Residential); and, WHEREAS,the site's vested zoning district is RMF-10 (Residential Multiple- Family); and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City and allowing for the creation of common open space areas; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS,the Planning Commission of the City of Atascadero, at a Public Hearing • held on November 5, 2002, studied and considered Zone Change 2000-0008, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, J City Council Draft Ordinance A March 11,2003 Page 5 of 4 WHEREAS, the Atascadero City Council, at a Public Hearing held on December 10, • 2002, studied and considered Zone Change 2000-0008, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW,THEREFORE,the City Council takes the following actions: SECTION 1. Findings for Approval of a Zone Change Creating a PD-7 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: (a) no disturbance to the on-site seasonal creek; (b) each unit will have a private yard area that will allow for outdoor recreational opportunities; (c) architectural and landscape features of the project have been designed to enhance the project's appearance and benefit the surrounding neighborhood; (d) much of the paved private driveway will incorporate special • paving treatment; and (e) the project will provide one moderate deed-restricted affordable housing unit. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on March 11, 2003 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. • City Council Draft Ordinance A March 11,2003 Page 6 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: Jerry L. Clay, Sr., Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • A rl V J City Council Draft Ordinance A March 11,2003 Page 7 of 4 Exhibit A: Zone Change Map-ZCH 2000-0008 • 10 Official Zoning Map Change APN 030-292-065 \\\ Existing Zone: RMF-10 Amended Zone: RMF-10/PD-7 V2 \ tM �0 y� kin El t� 10 ATTACHMENT 5: Draft Resolution B . PD-7 Master Pian of Development(CUP 2000-0024)/ZCH2O00-0008 Approval of Proposed Master Plan of Development DRAFT RESOLUTION B A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING A MASTER PLAN OF DEVELOPMENT (CONDITIONAL USE PERMIT 2000-0024) FOR A PD-7 OVERLAY ZONING DISTRICT ON APN 030-029-065 (6340 Alcantara Avenue/Russell) WHEREAS, an application has been received from Lorraine Russell (PO Box 2579 Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a zone change from RMF-10 (Residential Multi-Family) to RMF-10/PD-7 (Residential Multi- Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a six lot residential Tentative Tract Map on APN 030-292-065; and, WHEREAS, the site's vested General Plan Designation is MDR(Medium-Density Residential); and, WHEREAS,the site's vested zoning district is RMF-10 (Residential Multiple- Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to a PD-7 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 duly noticed Public Hearing held on Tuesday, January 21, 2003, studied and considered the Master Plan of Development(CUP 2000-0024), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and WHEREAS, the Atascadero City Council, at a Public Hearing held on March 11, 2003, studied and considered the Master Plan of Development for Zone Change 2000-00089 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-7 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 March 11, 2003, resolved to approve Conditional Use Permit 2000-0024, a Master Plan of Development for Zone Change 2000-0008 subject to the following: 1. EXHIBIT A: CONDITIONS OF APPROVAL/MITIGATION MONITORING PROGRAM 2. EXHIBIT B: SITE PLAN 3. EXHIBIT C: STATISTICAL SUMMARY OF PROJECT 4. EXHIBIT D: LANDSCAPE PLAN 5. EXHIBIT E: GRADING& DRAINAGE 6. EXHIBIT F: ELEVATIONS &FLOOR PLANS 7. EXHIBIT G: ELEVATIONS/COLOR AND MATERIALS • ` f 41 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: Jerry L. Clay, Sr., Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney ' 112 m EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program PD-7 Master Plan of Development(CUP 2000-0024)/ZCH2O00-0008 • Conditions of Approval/ 'riming Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL'Business license BS:Building Services 66340 Alcantara Avenue GP:Grading Perri* FD:FireDepartrnent BP:Building g Permit PD:Police Deparhnent PD-7 Master Plan of Development Fl:Finallnspe*n CE:Cily Engineer TO:Terrvorary Occupancy rCUP 2000-00241ZCH 2000-0008 FO:Final Occupancy CkUyAflorney Planning Services 1. The approval of this use permit shall become final and PS effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Tract Map 2001- 0011 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. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require • Council action. 4. The Community Development Department shall have the BP/FM PS authority to approve the following minor changes to the project the(1)modify the site plan project by less than 10%,(2)result in a superior site design or appearance, and/or(3)address a construction design issue that 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. 5. All subsequent Tentative Tract Maps and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations,finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibit F and Exhibit G with the following modifications: a. Each front elevation,and entire side elevations(lots 1 &6)visible from Tecorida Avenue shall incorporate an applied masonry material such as brick or stone along the lower building base,subject to staff approval. This treatment shall return along side elevations to a logical terminus point such as a side yard fence,chimney or doorway. b. Front entry porch columns on each elevation shall be further detailed with use of applied masonry material such as brick or stone. The use of wood timbers may . � � 3 Conditions of Approval/ riming Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services 66340 Alcantara Avenue GP:GradingPem9t FD:FireDepatrient BP:Budding Penrd PD:Police DWartnent PD-7 Master Plan of Development FI:Final Inspection CE City Engineer TO:Temporary Occupancy WWI.Wastewater CUP 2000-0024/ZCH 2000-0008 FD:Final Occupancy CAcaynttoney also be incorporated into the column design as appropriate,subject to staff approval. c. Each house shall incorporate the use of double or single hung windows,transom windows,and window shutters,subject to staff approval. d. The garage door color of each new home shall match the house body color. 7. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on EXHIBIT C. 8. All site work,grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in EXHIBIT B, D and E. 9. Native oaks trees shall be preserved and protected during BP PS construction unless approved for removal. Tree protection shall be in place prior to the issuance of any construction permits and the arborist shall be under contract to monitor tree protection. 10. A final landscape and irrigation plan shall be approved BP PS prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT D. All exterior meters,air conditioning units and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. All front yards and areas between Tecorida Avenue and lots 1 and 6 shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. The five front yard trees shall be 24-inch box native trees. In addition,two additional 15-gallon trees shall trees shall be planted along Tecorida Avenue and four additional 15- gallon native sycamore trees be planted between the creek and the private driveway between lot 4 and 5. 11. All project fencing shall be installed consistent with BP PS EXHIBIT D subject to the following modifications. a. The yards adjacent to Tecorida Avenue shall not be enclosed with any fencing which exceeds Veet in height. • b. No fences in the rear yards adjoining the on-site creek shall exceed Veet in height. ' 4 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure • PS:Planning Services BL Business License BS:Building Services 66340 Alcantara Avenue GP:GradingPemiit FD:Fire Departnent BR Building Permit PD:Police Departnent PD-7 Master Plan of Development Fl:Finallnspecton CE City Engineer TO:Temporary Occupancy WW:Wastawat:r CUP 2000-0024/ZCH 2000-0008 FO:Final Occupancy CA Citywmmey c. The design of all fencing shall be compatible with the overall project design,subject to staff approval 12. Retaining wall design&material shall match or GP PS compliment the texture and color of the primary residence. BP In addition,the retaining wall located within the front yard of lots 3 and 4 shall be rounded or angled back toward lot 4,subject to staff approval. 13. Provisions for on-site circulation reciprocal access GP PS between the adjacent westerly property shall be required BP at the location identified on the site plan. 14. Apply the following tree mitigation: (Mitigation Fee GP PS Table) Evergreen Native Trees(inches) Deciduous Native Trees(inches) Totals dbh notes dbh notes 1 0-inches 1 244-inches 64 white oak trees 2 2 0-inches ranging in size from 3 3 0-inches 2-18 inches 4 4 0-inches • 5 5 0-inches 6 0-inches 7 0-inches 6 8 0-inches Total 0-inches Total 244-inches 244-inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 81 five gal trees 81 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 9 five gal trees 9 five gal trees 0 box trees(24") 5 box trees(24") 5 box trees(24") Remaining Mitigation 0 five gal trees Remaining Mitigation 62 five gal trees 62 five gal trees oror Tree Fund Payment: $ - Tree Fund Payment: $ 3,116.67 $ 3,116.67 15. One unit shall be reserved as deed restricted affordable FM,BP PS,CE unit affordable unit in the moderate category for a period of 7 years. Building Services 16. A soils investigation prepared by a licensed BP FM 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 . _, 5 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business license BS:Building Sermm 66340 Alcantara Avenue GP*.GradngPermit FD:FireDepartrnent BP:Building Permit PD:Police Department PD-7 Master Plan of Development Fl:Finallrspecbon CECAI Engineer TO:Temporary Occupancy WW:Wastewater CUP 2000-0024/ZCH 2000-0008 FO:Final Occupancy CA City Attorney for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 17. Dimension the width of driveway. A minimum 16' BP BS paved with 20'total width access with a minimum head clearance of 13'-6"is to be provided to each building location. Access drives with slopes less than 12%are to have an all-weather surface. Access drives with slopes equal to or greater than 12%are to be paved. 18. Show location of existing and any proposed fire BP BS hydrants. As presented,the project requires one fire hydrant located within 250 feet of any point along the front property boundary. 19. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. . 20. Note approved address signage is to be provided. BP BS 21. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. 22. Access drive where it bridges the creekway is to be BP BS designed and maintained to the satisfaction of the Public Works department to support a minimum 40,000 lb. Imposed load at 25 miles per hour for fire apparatus. City Engineer Standard Conditions 23. Public frontage improvements, on site grading and GP,BP CE drainage plans and the driveway plans shall be produced by a registered civil engineer. The plans shall be in the form required in the City of Atascadero Engineering Standards. The plans will be reviewed and approved by the City Engineer. 24. All public improvements shall be constructed in GP,BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 25. The applicant shall enter into a Plan Check & GP,BP CE Inspection agreement with the City. 26. The applicant shall be responsible for the protection, GP, BP CE relocation and/or alteration of existing utilities. 27. The applicant shall install all new utilities (water, gas, GP, BP CE • electric,cable TV and telephone)underground. 28. The applicant shall monument all property corners for GP,BP CE construction control and shall promptly replace them 1C Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Buildng Services 66340 Alcantara Avenue GP:.GrWing Peanit FD:Fire Depatnent 81".Buidng Pwr t PD:Police Depatient PD-7 Master Plan of Development A:Final Inspection CE:City Engineer CUP 2000-0024/ZCH 2000-0008 FQFinapacyocc�ancy w-CitiAwastewater F0:Final Occupancy CA City P,gomey if disturbed. 29. Prior to issuance of building permits, the applicant GP, BP CE 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. 30. Prior to the final inspection,all outstanding plan check GP,BP CE and inspection fees shall be paid. 31. Prior to the final inspection, the applicant shall submit GP,BP CE a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code(UBC). 32. Prior to recording the Tract Map, the applicant shall GP, BP CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 33. In the event that the applicant is allowed to bond for GP,BP CE any public improvements required as a condition of • this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 34. A preliminary subdivision guarantee shall be GP, BP CE submitted for review in conjunction with the processing of the Tract Map. 35. The final map shall be signed by the City Engineer GP,BP CE prior to the map being placed on the agenda for City Council acceptance. 36. Prior to recording the Tract Map, the applicant shall GP, BP CE pay all outstanding plan check/inspection fees. 37. Prior to recording the Tract Map, the applicant shall GP, BP CE set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 38. All existing and proposed utility, pipeline, open space, GP,BP CE or other easements are to be shown on the Tract Map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 39. Prior to recording the parcel map, the applicant shall GP,BP CE • have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services 66340 Alcantara Avenue GP:Wing Pan* FD:Fire Departnent BP:Building Pertrit PD:Police Department PD-7 Master Plan of Development Fl:Final Inspection CE-Oily Engineer TO:Temporary Occupancy WW:Wastewalier CUP 2000-00242CH 2000-0008 FO:Final Occupancy CA,CAynttomey applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 40. Prior to the issuance of building permits the applicant GP,BP CE shall submit plans and supporting calculations/reports including street improvements,underground utilities, composite utilities,and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. City Engineer Site Specific Conditions 41. This project is required to pave Tecorida Ave, with GP,BP CE Curb, Gutter, and Sidewalk on the east side, from the end of the existing paving on the south side of the project to the end of the existing paving (at the barricade) for orderly development and traffic circulation. The length of this paving is approximately • 128 feet. The sidewalk will require additional setback onto the project site to avoid impacts to the existing trees and shall require granting of access easement. to be approved with the final map by the City Engineer 42. Frontage improvements required are curb and gutter GP,BP CE on the east side of Tecorida Ave and concrete drive approach or concrete cross gutter at the driveway to allow the drainage to be conveyed down Tecorida. 43. Public Sanitary Sewer shall be extended from GP,BP CE property line to property line. 44. Final project inspection shall be contingent upon GP,BP CE completion of the public sewer extension and Public Works final inspection. A City of Atascadero Sewer Extension Performance Agreement shall be executed. 45. Applicant shall pay sewer Extension Fees for five (5) GP,BP CE newly created lots and Connection fees upon issuance of building permit. Sewer connection permits shall be issued separately from building permit after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Each building shall be separately and independently connected with the public sewer.A backflow valve shall protect sewer piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole (or cleanout) cover. Atascadero Mutual Water Company • 46. Prior to recordation of the final map, the applicant GP,BP CE shall submit plans for review and approval by AMWC for all existinq and proposed water distribution m 3 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure • PS:Planning Services BL:Business license BS:Building Services 66340 Alcantara Avenue GP:GradingPeard FD:FireDepartinerd BP:Building PemB PD:Ponce Departrnent PD-7 Master Plan of Development Fl:FlndInspeclion DE City Engineer TO:Tenporay Occupancy WW:Wastewater CUP 2000-0024/ZCH 2000-0008 FO:Final Occuparq CA*cayAWney facilities that provide water service to the proposed lots. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 47. Prior to the issuance of building permits,the applicant GP, BP CE shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created lots. 48. Prior to the start of construction, the applicant shall GP,BP CE pay all installation and connection fees required by the Atascadero Mutual Water Company,or enter in to a"deferred connection"agreement. 49. Private easements may be needed for the private GP, BP CE water service lines that serve parcels which do not front on Tecorida Road. 50. Water meters located on Tecorida Ave for Lots 1 and GP, BP CE 6 are in acceptable location. Meters for newly created Lots 3, 4 & 5 need to be located on frontage of road at Tecorida Ave and private utility easements provided for private service lines to parcels. Mitigation Measures Mitigation Measure 1.c.1: All lighting shall be designed to BP PS 1.c.1 eliminate any off site glare. All exterior site lights shall utilize • full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30-feet in height,limit intensity to 2.0 foot candles at ingress /egress,and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 1.c.2: The project landscape shall include BP PS U.2 requiring one 24-inch box sized tree within the front yard of each new residence. Mitigation Measure 3.b: The project shall be conditioned to BP BS 3.b 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 reve etation and landscape plans shall , 9 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services 66340 Alcantara Avenue GP:GradingPertnit FD:FireDepartrnent BP:Building Pernit PD:Pdlce Department PD-7 Master Plan of Development FI:Final Inspection CE City Engineer Mr.Tempway Occupancy WW:Wastewater CUP 2000-0024/ZCH 2000-0008 FO.Final Oocupancy CA C4 ftmey 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. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. Mitigation Measure 4.b.1: The proposed creek bridge shall be BP,GP PS 4.b.1 supported by city-approved caissons. Caisson locations shall be tested prior to drilling to insure that no major roots are damaged. Adjacent trees shall have tree trunk protection (2"x4"x8' boards wired together and secured around the tree trunk prior to bridge construction). Mitigation Measure 4.b.2: As recommended by California BP,GP PS 4abo� Department of Fish&Game Notification R3-2001-0171: ■ All work in the stream shall be confined to June 15 to October 15. • No equipment will be operated in live(wet)stream channels. ■ Any runoff during construction shall be diverted so as not to enter the stream. Sediment catchment basins,erosion control mats,fabric fences,or other appropriate means shall be used when such diversion are necessary. ■ Wash water containing mud or silt from construction operations shall not be allowed to enter the stream. ■ Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. ■ No debris,soil,silt, bark,sawdust, rubbish,cement or concrete or washing thereof,oil or petroleum products or other organic or earthen material from construction or associated activity or whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or • runoff into the stream. When operation are completed,any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of the stream. _ ;i4 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure • PS:Planning Services BL:Business License BS:Building Services 66340 Alcantara Avenue GP.Gra?ngPennit FO:Fire Depwinient BP:Building PemB PD:Police Departrnent PD-7 Master Plan of Development Fl:Final inspection CE City Engineer To,Tenp-ayasbawater CUP 2000-0024/ZCH 2000-0008 FO.FnalCccu��� Ckcn Atliorney Mitigation Measure 4.e.1: The building permit site plan shall BP,GP PS 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan.Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a BP,GP PS 4.e.2 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering/planning staff,grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. As identified in the tree protection plan,the root zone equals 1-foot radius for every 1 inch of tree trunk diameter. Several trees on this site will require tree trunk protection. Tree trunk protection is 2"x 4"x8 foot boards that are wired together and placed around the tree trunk. Trees requiring this protection are:#5,6,20,21,22, 32,33, 34, and 35 as identified on the Tree Protection Plan. (c) As specified by the arborist report and City staff: ■ Remove all berry vines and trees designated for removal by hand; ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; • Remove all debris and spoils from the lot cleaning and tree pruning. ■ Grub only for the proposed driveway(do not grade nor compact). ■ Install porous pavers over a three-inch bed of 3/inch granite covered with one-inch pea gravel for screeding. ■ Use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area,outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced • protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services 66340 Alcantara Avenue GP:GradingPermd FD:FireDepxtrnent BP:Building Penit PD:Police Departrnent PD-7 Master Plan of Development F:Finallnspeclion CE:City Engineer TO:Temporary Occupancy WW:Wastewater CUP 2000-0024/ZCH 2000-0008 FO:Final Occupancy CA.,C4Atmmey site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction,and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 5.e: Should any cultural resources be GP BS 5.e unearthed during site development work,the provisions of CEQA-Section 15064.5,will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application GP PS,BS,CE 6.b.1 plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be GP PS,BS,CE 6.b.2 hydroseeded with an appropriate erosion control method (erosion control blanket, hydro-mulch,or straw mulch appropriately anchored)immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be GP BS 6.c.d submitted with a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention GP PS,BS,CE 8,0.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs)appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for GP PS,BS,CE 8.e.f.2 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices,citations,or stop orders. Mitigation Measure 11.d: All construction activities shall BP,GP PS,BS 11.d comply with the City of Atascadero Noise Ordinance for hours of operation. • Construction activities shall be limited to the following hours of operation: Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure • PS:Planning Services BL Business License BS:Building Services 66340 Alcantara Avenue GF.Grading Pant FD:Fre Department BP:Buldirg Penrit PD:Police Deportment PD-7 Master Plan of Development FI:Finallnspeclion CE City Engineer TO:Temporary Occupancy WW:wastewater CUP 2000-00241ZCH 2000-0008 FO:Final Occuparq cacaynn«ney • 7 a.m.to 7 p.m. Monday through Friday • 9 a.m.to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions,subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Mitigation Measure 16.c.1: Points of concentrated drainage GP BS,CE 16.c.1 • into the creek shall incorporate natural rock riprap designed to blend with the natural landscape and function to dissipate energy and eliminate creek bank erosion,subject to review and approval of the City Engineer. • • EXHIBIT B:Site Plan • a_* it ; 3 -t It tit tib ; ; = g Q a t y �J4 EXHIBIT C:Statistical Summary of Project • Proposed Project Summary Building Footprint 1744 sf 1872 sf 1238 sf 1560 sf 1560 sf 1229 sf (not to exceed 35%) 21% 22% 20% 23% 20% 18% Landscaped Area 5330 sf 6440 sf 4000 sf 3970 sf 4690 sf 4770 sf (minimum 40%) 63% 76% 66% 59% 59% 71% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Floor Plan C existing A B B Reverse D Lower Living Area 1304 sf 1250 sf 798 sf 1119 sf 1119 sf 789 sf Upper Living Area 566 sf none 916 sf 914 sf 914 sf 730 sf Garage 1440 sf 1440 sf 1440 sf 1440 sf 1440 sf 440sf • EXHIBIT D: Landscape Plan • i .0 • • ' A 1 4 'egill I Z fill], Iii fit uq a s [ I 1 11,11 1 Its i " a j .i Jill silli 5 Jill fill 'I :.57 • EXHIBIT E.Grading and Drainage Plan ED j All. Iry � • a� . S � �� Kit �� _ �,��\ _ � •� _�` ♦ i pp e '� /. 1���. � � ,f• �� � 'v � � Qom\ till a, ? ase 1 ` <' \ p IN % O distI l.l_��Pil; rlill,�. it-Ili " It "a lit I£ a • • lilt. _ Is l l r l a n� 1;10111ark I, a _illa � ; 'c R •U . ��� u s � EXHIBIT F: Lot 1 -ELEVATIONS AND FLOOR PLANS • IWI .mow.... 0 WNPE ELEVATION Icuvwn lFf.t AlVFl 0000 kK.r LOT 1 0 pa 0 ' 0 ILM ` 1 19 • EXHIBIT F: Lot 3-ELEVATIONS AND FLOOR PLANS .w,., .r,r ..... + D�dO 11 rAl v+n+�. i OT.'3 EXHIBIT F: Lot 4-ELEVATIONS AND FLOOR PLANS • 0 m ® m ' rl RKilfT ELEVATION. m JE-MI-11 I Mull r LOT 4 ✓d co O p �.;• (Q LOT,4 J-l l • EXHIBIT F:Lot 5-ELEVATIONS AND FLOOR PLANS a ® ❑m m .�. . 0 x...:w,,.. AM m - RE • n .m.a horn s A1lok LOT S ' �•e ..� — Y 3, � �i_lt flfWPFR IX1A P4 A�! (ZL{ 0.Rnm R f33 LOT S xra �f w e `. EXHIBIT F: Lot 6-ELEVATIONS AND FLOOR PLANS • FM ® m �F�ATON PoOHT SOE ELEVATION - mwr.e,r w.mnws ,��,e 4 FfaN_0"AT1011 YION LOT 61 - • L • EXHIBIT G: EXTERIOR COLOR&MATERIAL SAMPLE BOARDS RU55ELL PD7 RUSSELL PD7 TECORIDA AVENUE TECORIDA AVENUE LOT I ATAS ,CA. ATA5CADERO,CA, LOT LOT 3 COLOR BOARD COLOR BOARD IVORY PALACE ba'RIOR STUCCO COLOR EX7EKOR STUCCO COLOR CASTY GREY NA:'URALLY CALM ACCENT COLOR ME SURRY i3EIGE ACCENT COLOR. COUNTRY5TORE TRIM COLOR CALM MATERTKN4 COLOR 51AKE BLEND TILE COLOR MINTWCOD 111-1 COLOR RU55ELL PD7 PU55ELL PD7 TECOKDA AVENUE rtCOKOA AVENUE ATA5CADERO,CA. ATASCADERO,CA.. LOT 4 LOT 5 COLOR BOARD COLOR BOARD • FARM NOU5E BEIGE EXTERIOR STUCCO COLOR Si O�:YE Vr'HITE EXTEKOR STUCCO COLOR WOODLAND M`"STERY ACCENT COLOR 50UTHMN SHADOW ACCENT COLOR mmum SPRNG AWAKENING TRI:V1.COLOR DU55Y CANYON. TRIM COLOR 'SLATE GREEN TILE COLOR CANYON BROWN .TILE CO,OR RU55ELL PD7 TECOKDA AVENUE AT.A5CADERO.CA. LOT G COLOR 13Q P.M RENCHSILVER E F-KE` OR STUCCO COLOR 1EA,.11 ACCENT COLOR • BLUE'1AY 7R1?,1 C.OL OR CATALINA TILE COLOR ✓ `V I* ATTACHMENT 6: Draft Resolution C PD-7 Master Plan of Development(CUP 2000-0024)/ZCH2000-0008/TTM2001-0011 • Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION C A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING VESTING TENTATIVE TRACT MAP 2001-0011 THEREBY ALLOWING A SIX- LOT CLUSTER RESIDENTIAL SUBDIVISION OF APN 030-029-065 CONSISTENT WITH THE PD-7 MASTER PLAN OF DEVELOPMENT (CUP 2000-0024) (6340 Alcantara Avenue/Russell) WHEREAS, an application has been received from Lorraine Russell (PO Box 257, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a zone change from RMF-10 (Residential Multi-Family)to RMF-10/PD-7 (Residential Multi- Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a six lot residential Tentative Tract Map on APN 030-292-065; and, WHEREAS, the site's vested General Plan Designation is MDR(Medium-Density • Residential); and, WHEREAS,the site's vested zoning district is RMF-10 (Residential Multi-Family); and, WHEREAS,the Planning Commission has recommended that a site be rezoned to include a PD-7 overlay district with a Master Plan of Development thereby allowing a six lot subdivision of the site; and, WHEREAS,the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA)have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary,was admitted on behalf of said application; and, WHEREAS,the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 21, 2003, studied and considered Tentative Tract Map 2001- 0011, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, • tr • 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 7 Master Plan of Development(CUP 2000-0024). 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 2001-0011 subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2001-0011 2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program. • r .r 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: Jerry L. Clay, Sr., Mayor Attest: Marcia McClure Torgerson, City Clerk . Approved as to form: Roy A. Hanley, City Attorney • �.G7 Exhibit A:Vesting Tentative Tract Map 2001-0011 i � r ic hu dK C p. tit : � 1. ;� • y a it :4 o iii _ 1 �� - tit 1`4i 4 a • � FF tit- =I L K x Ji :.� mi 11% Ilk c. Exhibit B:Conditions Of Approval/Mitigation Monitoring Program . Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services Swvtm 6340 Alcantara Avenue slP:Say eionPerFD:FieDepa rnent Mans PD:Porce Vesting Tentative Tract Map FRInxi. CE C4Eng�an;er�nt M. TTM 2001-0011 TO:Ten porgy Occupancy WW:Wastewater FI:Final inspection CA.City Af[omey FO:Final Occupancy AMWC:Water Camp. Planning Services 1. The approval of this Tentative Tract Map shall not FM PS become final and effective following approval of Zone Change 2000-0008 and CUP 2000-0024. 2. Approval of this Tentative Tract Map shall be valid for FM PS two 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 FM PS the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or(2)address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in • substantial conformance with the Tentative Map. 4. The Tract Map shall be subject to additional fees for FM PS park or recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision FM PS subject to the review and approval of the City Engineer, City Attorney and Planning Services. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. The CC&R's shall also state that all exterior colors, exterior materials, yard fencing and site landscaping shall be consistent with the overall master plan of development. 6. The granting of this entitlement shall apply to the On going PS property located at 6340 Alcantara Avenue (APN 030- 292-065)regardless of owner. 7. The Final Map shall be drawn in substantial FM PS conformance with the 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. 8. The subdivider shall defend, indemnify, and hold FM PS • harmless 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, Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure GP:Grading Penrit PS:Planning Services BP:Budding Pen it BS:Building Services 6340 Alcantara Avenue SIP:Subdrvisan FD:FireDepartrrrent Improvement Plans PD:PorteDepatrient Vesting Tentative Tract Map FM:Final Map CE City Engineer TTM 2001-0011 TD:Tempwary0ccupancy WK,Wastmater Fl:Final irgmcbm CA:City Attorney FO:Final Occupancy AMWC:WaterCongr. concerning the subdivision. 9. One unit shall be reserved as deed restricted affordable FM PS unit in the moderate category. 10. Apply the following tree mitigation: (Mitigation Fee GP PS,CE Table) Evergreen Native Trees(inches) Deciduous Native Trees(inches) Totals dbh notes dbh notes 1 0-inches 1 244-inches 64 white oak trees 2 2 0-inches ranging in size from 3 3 0-inches 2-18 inches 4 4 0-inches 5 5 0-inches 6 0-inches 7 0-inches 6 8 0-inches Total 0-inches Total 244-inches 244-inches Tree Fund Payment: $ - Tree Fund Payment: $ 3,116.67 $ 3,116.67 City Engineer Site Specific Conditions Building Services 11. A soils investigation prepared by a licensed FM CE 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 Marshal 12. Dimension the width of driveway. A minimum 20' FM CE wide access with a minimum head clearance of 13'-6" is to be provided to each building location. Access drives with slopes less than 12%are to have an all- weather surface. Access drives with slopes equal to or greater than 12%are to be paved. Conditions of Approval/ riming Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Pemrt PS:Planning Services BP:Bung Pertrit BS:BuWug Services 6340 Alcantara Avenue SIP:SubMion FD:FreNpartn,ent lmpmverrient Plans PD:Police Deparbrent Vesting Tentative Tract Map FM:Final Map CE City Engineer TTM 2001-0011 TO Ternporary Occupancy M Wastmater Fl:Final inspection CA City Albrney FO:Final Occupancy AMC:Water Camp. 13. Show location of existing and any proposed fire FM CE hydrants. As presented,the project requires one fire hydrant located within 250 feet of any point along the front property boundary. 14. Provide a letter from the Atascadero Mutual Water FM CE Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 15. Note that approved address signage is to be FM CE provided. 16. Note on plans that fire lanes shall be delineated to FM CE restrict parking as required by the Fire Authority. 17. Access drive where it bridges the creekway is to be FM CE designed and maintained to the satisfaction of the Public Works department to support a minimum 40,000 lb. Imposed load at 25 miles per hour for fire apparatus. City Engineer Standard Conditions • 18. Public frontage improvements, on site grading and BP CE drainage plans and the driveway plans shall be produced by a registered civil engineer. The plans shall be in the form required in the City of Atascadero Engineering Standards. The plans will be reviewed and approved by the City Engineer. 19. All public improvements shall be constructed in BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 20. The applicant shall enter into a Plan Check & BP CE Inspection agreement with the City. 21. The applicant shall be responsible for the protection, BP CE relocation and/or alteration of existing utilities. 22. The applicant shall install all new utilities (water, gas, Ongoing CE electric, cable TV and telephone)underground. 23. The applicant shall monument all property corners for FM CE construction control and shall promptly replace them if disturbed. 24. Prior to issuance of building permits, the applicant FM CE 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. 25. Prior to the final inspection,all outstanding plan check FM CE and inspection fees shall be paid. 26. Prior to the final inspection, the applicant shall submit FM CE • a written statement from a registered civil engineer that all work has been completed and is in full Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure GP:Grating Penrit PS:Planning Services BP:Buldng Pemit BS:Bulling Services 6340 Alcantara Avenue SIR Subdivision FD:FireD%artrnent Improvement Plans PD:Police Departnent Vesting Tentative Tract Map FM:Final Map CeCilyEngineer TTM 2001-0011 TO:TenpMOccupatcy WWI.Wastvrarer Fi:Finelinspecton CA CityAthney FO:Final Occupancy AMC:Water Conp. compliance with the approved plans and the Uniform Building Code(UBC). 27. Prior to recording the Tract Map, the applicant shall FM CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 28. In the event that the applicant is allowed to bond for FM CE any public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 29. A preliminary subdivision guarantee shall be FM CE submitted for review in conjunction with the processing of the Tract Map. • 30. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 31. Prior to recording the Tract Map, the applicant shall FM CE pay all outstanding plan check/inspection fees. 32. Prior to recording the Tract Map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 33. All existing and proposed utility, pipeline, open space, FM AMWC or other easements are to be shown on the Tract Map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 34. Prior to recording the parcel map, the applicant shall FM AMWC have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 35. Prior to the issuance of building permits the applicant BP AMWC • shall submit plans and supporting calculations/reports including street improvements,underground utilities, composite utilities,and grading/drainage plans prepared by a registered civil engineer for review and 72 e. � Conditions of Approval/ 'riming Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure • GP:Grading Permit PS:Planning Services BP:Building Penrit BS:Building Sery es 6340 Alcantara Avenue SIP:Subdivision Fire Irrprove TV4 Plans PD:Poke Department Vesting Tentative Tract Map FM:Final Map CECilyEnghw TTM 2001-0011 TO.TemporayOceupancy WW:Wastawasr FI:Final inspection CA City A&rrW FO:Final Occupancy AMWC Walar Camp. approval by the City Engineer. City Engineer Site Specific Conditions 36. This project is required to pave Tecorida Ave, with FP AMWC Curb and Gutter on the east side, from the end of the existing paving on the south side of the project to the end of the existing paving (at the barricade) for orderly development and traffic circulation.The length of this paving is approximately 128 feet. 37. Frontage improvements required are curb and gutter BP AMWC on the east side of Tecorida Ave and concrete drive approach or concrete cross gutter at the driveway to allow the drainage to be conveyed down Tecorida. _ 38. Provisions for on-site circulation reciprocal access FM CE between the adjacent westerly property shall be required at the location identified on the site plan. 39. This project is required to pave Tecorida Ave, with FM CE Curb, Gutter, and Sidewalk on the east side, from the end of the existing paving on the south side of the • project to the end of the existing paving (at the barricade) for orderly development and traffic circulation. The length of this paving is approximately 128 feet. The sidewalk will require additional setback onto the project site to avoid impacts to the existing trees and shall require granting of access easement to be approved with the final map by the City Engineer. Wastewater Department 40. Public SS shall be extended to the far property line. BP CE/WW 41. Each building shall be separately and independently BP CE/WW connected with the public sewer. 42. Drainage piping serving fixtures which have flood level BP CE/WW rims located below the elevation of the next upstream manhole (or cleanout) cover shall be protected by a backflow valve. 43. Sewer connection permits shall be issued separately BP CE/WW (from building permit) after public sewer extension has been completed and has received a satisfactory final Public Works inspection. 44. Final project inspection shall be contingent upon BP CE/WW completion of the public sewer extension and Public Works final inspection. . � tJ Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure GF Grading Permit PS:Planning Services BP:Building Perrtd BS:Bulding Services 6340 Alcantara Avenue SIF.Subdivision FD:FueDeparhnsnt VestingIrnprovernent Tentative Tract Ma FU ans PD:PorceDepartrnent P FM:Final Map CE City Engineer TTM 2001-0011 TO,Temporary Occupancy WW:Wastewater FI:Final inspection CA.City Attorney FO:Fuwl Occupancy AMWC:Water Coni, Atascadero Mutual Water Company 45. Prior to recordation of the final map, the applicant GP,BP CE shall submit plans for review and approval by AMWC for all existing and proposed water distribution facilities that provide water service to the proposed lots. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 46. Prior to the issuance of building permits,the applicant GP,BP CE shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created lots. 47. Prior to the start of construction, the applicant shall GP,BP CE pay all installation and connection fees required by the Atascadero Mutual Water Company, or enter in to a"deferred connection"agreement. 48. Private easements may be needed for the private GP, BP CE water service lines that serve parcels which do not front on Tecorida Road. 49. Water meters located on Tecorida Ave for Lots 1 and GP, BP CE 6 are in acceptable location. Meters for newly created Lots 3, 4 & 5 need to be located on frontage of road • at Tecorida Ave and private utility easements provided for private service lines to parcels. Mitigation Measures BP PS 1.c.1 Mitigation Measure 1.c.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30-feet in height, limit intensity to 2.0 foot candles at ingress /egress,and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 1.c.2: The project landscape shall include BP PS 1.c.2 requiring one 24-inch box sized tree within the front yard of each new residence. Mitigation Measure 3.b: The project shall be conditioned to BP BS 3.b 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: C. 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. D. 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. M. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive e � Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure • GP:Gradng Permit PS:Planning Services BP Building Pemrt BS:Building Services 6340 Alcantara Avenue SIP:Subdivision FD:FitDeparhrnent Irrpmw ent Plans PD:Police Depa i hent Vesting Tentative Tract Map FM:Final Map CE:City Engineer TTM 2001-0011 TO:Te r-mOaigancy Ww:WwWwater FI:Final inspection CA City Attomey FO Final Occupancy AMM:WaWG mp. amounts of dust. N. The area disturbed by clearing, grading,earth moving,or excavation operations shall be minimized so as to prevent excessive amounts of dust. O. 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. P. 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. Q. 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. R. 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. S. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. T. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non-potable water. • U. 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. V. Wheel washers may be required when significant offsite import or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. Mitigation Measure 4.b.1: The proposed creek bridge shall be BR GP PS 4.b.1 supported by city-approved caissons. Caisson locations shall be tested prior to drilling to insure that no major roots are damaged. Adjacent trees shall have tree trunk protection (2"x4"x8' boards wired together and secured around the tree trunk prior to bridge construction). Mitigation Measure 4.b.2: As recommended by California BP,GP PS 4.b.2 Department of Fish&Game Notification R3-2001-0171: ■ All work in the stream shall be confined to June 15 to October 15. ■ No equipment will be operated in live(wet)stream channels. ■ Any runoff during construction shall be diverted so as not to enter the stream. Sediment catchment basins,erosion control mats,fabric fences,or other appropriate means shall be used when such diversion are necessary. ■ Wash water containing mud or silt from construction operations shall not be allowed to enter the stream. ■ Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas • above the high water mark before such flows occur. ■ No debris,soil,silt, bark,sawdust, rubbish,cement or concrete or washing thereof,oil or petroleum products or � 1 � S r Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:BOding Pearn BS:Building Services 6340 Alcantara Avenue SIP:Subdivision FD:Fire DWatrent Vesting Tentative Tract Ma Improvement Plans PD:PaiceDepartnent g p FM Final Map CE City Engineer TTM 2001-0011 TO:TemporayOccupancy WW:Wastewater FI:Fnaiinspection CA CityAtmmey FO:Final Occupancy AMWC:Waler Cmp. other organic or earthen material from construction or associated activity or whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into the stream. When operation are completed,any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of the stream. Mitigation Measure 4.e.1: The building permit site plan shall BP,GP PS 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan.Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a BP,GP PS 4.e.2 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion,as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the . issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering/planning staff,grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. As identified in the tree protection plan,the root zone equals 1-foot radius for every 1 inch of tree trunk diameter. Several trees on this site will require tree trunk protection. Tree trunk protection is 2"x 4"x8 foot boards that are wired together and placed around the tree trunk. Trees requiring this protection are:#5,6,20,21,22,32, 33, 34, and 35 as identified on the Tree Protection Plan. (c) As specified by the arborist report and City staff: ■ Remove all berry vines and trees designated for removal by hand; ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; • Remove all debris and spoils from the lot cleaning and tree pruning. ■ Grub only for the proposed driveway(do not grade nor compact). ■ Install porous pavers over a three-inch bed of%inch granite covered with one-inch pea gravel for screeding. • Use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four I to six linear feet. Conditions of Approval/ 'riming Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure • GP:Grading Pent PS:Planning S&-*w BP:Building Pertrit BS:Building Services 6340 Alcantara Avenue SIP:Subdivision FD:Fie*atmnt ant Vesting Tentative Tract Map FiI„t.F�M a� CE�ei Veu TTM 2001-0011 Ta Temporary ocCuparsy WW:Wastwater FI:Final inspection CA.City Attorney FO Final Occupancy AMWC:WaWCamp. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. • No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 5.e: Should any cultural resources be GP BS 5.e unearthed during site development work,the provisions of CEQA-Section 15064.5,will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application GP PS,BS,CE 6.b.1 plans shall include erosion control measures to prevent soil, dirt,and debris from entering the storm drain system during • and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be GP PS,BS,CE 6.b.2 hydroseeded with an appropriate erosion control method (erosion control blanket, hydro-mulch,or straw mulch appropriately anchored)immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be GP BS 6.c.d submitted with a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention GP PS,BS,CE 8.0.1 Plan(SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs)appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for GP PS,BS,CE 8.e.f.2 ensuring that all contractors are aware of all storm water • quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS:Planning Services BP:Building Pernik BS:Building Services 6340 Alcantara Avenue SIP.Subdivision FD:FiireDepartrnent Vesting Tentative Tract Map IFM:Fin Map s CE aty Engineer PD:Police nt TTM 2001-0011 TO TempoM Occupancy WW:Wastewater FI:Final inspection CA City Attorney FO:Final Occupancy AMC:Water Comp. notices,citations, or stop orders. Mitigation Measure 11.d: All construction activities shall BP,GP PS,BS 11A comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m.to 7 p.m. Monday through Friday • 9 a.m.to 6 p.m. Saturday • No construction on Sunday Further,particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions,subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Mitigation Measure 16.c.1: Points of concentrated drainage GP BS,CE 16.c.1 into the creek shall incorporate natural rock liprap designed to blend with the natural landscape and function to dissipate energy and eliminate creek bank erosion,subject to review and approval of the City Engineer. • m ITEM NUMBER- B-2 DATE: 03/11/2003 . lie IN n 1918 � � 19 9 Atascadero City Council Staff Report - City Manager's Office Cost Allocation Plan and Fee Study RECOMMENDATION: Council accept public comment and provide direction to staff to return the item for the next Council agenda with an implementing ordinance for consideration of adoption. DISCUSSION: In conjunction with the Development Impact Fee Study, the City of Atascadero retained the services of Revenue and Cost Specialists (RCS), LLC,to perform a Cost Allocation Plan and Fee Study for the City and its services (Attachment#1). The goal is to develop a computerized cost and control system for the City, based upon City Council cost recovery policies. The report informs the City Council and staff about the current status of the cost recovery levels for all City services. The report also provides information and guidance to future levels of services and the fairness and appropriateness of its fees. The City is presently using $2,255,052 in taxes to support services that are discretionary for Atascadero residents and the service recipients that could (or should) be supported by fees. So that the services level subsidies can be considered and determined by policy, the report enables the City Council to review each service and make findings that there are reasons to continue or adjust the taxpayer,subsidy. General taxes that fund non-fee-based services such as pubic safety are very limited.Therefore, it is important to carefully consider taxpayer subsidies for "personal choice" services. As we have seen in the City's Strategic Financial Plan and the recently completed Facilities Master Plan, the City does not have sufficient funds identified to fund future capital replacement and infrastructure to maintain City service levels in its present state. To the extent that taxes are not used to support personal choice services, they can be utilized to fund capital replacement and other non-fee-supported essential City services. The Cost Allocation Study identifies and determines the actual cost of the City's internal support services, such as finance, personnel, building maintenance, technology, City Attorney, etc., • which exist to support the external public services. The report identifies the entire range of ITEM NUMBER: B-2 DATE: 03/11/2003 City-provided public services as well. It categorizes the public services as "community supported public services" and "personal choice public services" that could be supported by fees. The full cost of the personal choice services is calculated so that everyone is aware of these costs. Informed policy decisions can then be made about subsidizing the services with tax resources. The Cost Allocation Plan becomes a policymaking and accounting tool for the City, to improve the reasonableness of our fee structure and efficiency of public service delivery. FISCAL IMPACT: Potential increased revenue to fund capital replacement and essential City services. Actual revenue increases are dependent on fees adopted. ALTERNATIVES: Amend,modify or reject the Cost Allocation Plan System. ATTACHMENT: Attachment#1- Cost of Services Study • •