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HomeMy WebLinkAboutAgenda Packet 04/11/1989 GEORGIA RAMIREZ DEPUTY CITY CLERK A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM APRIL 11, 1989 7 :00 P.M. RULES OF PUBLIC PARTICIPATION: * Members of the audience may speak on any item on the agenda. A person may speak for five ( 5) minutes . No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. No one may speak more than twice on any item. * Council Members may question any speaker; the speaker may respond, but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comment: * PROCLAMATIONS: "California Earthquake Preparedness Month" , April 1989 "National Library Week" , April 9-15, 1989 "Tri Counties Small Business Opportunities Day" , April 30, 1989 COMMITTEE REPORTS: (The following represents ad hoc or standing committees . Infor- mative status reports will be given, as felt necessary. ) 1 . City/School Committee 7 . Finance Committee 2 . North Coastal Transit (Police Fac. , Lake 3 . S .L.O. Area Coordinating Acquis . & Pavilion) Council 8 . Business Improvement 4 . Traffic Committee Association 5 . Solid/Hazardous Waste Mgmt. 9 . Downtown Steering Committee Committee 6 . Economic Opportunity Commission COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Public Comment Period is provided to receive comments from the public on matters other than scheduled agenda items . To increase the effectiveness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any Council Member or staff. * Any person desiring to submit written statements to the Council may do so by forwarding nine (9) copies to the City Clerk by 5 : 00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form • listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. MARCH 28, 1989 CITY COUNCIL MINUTES 2. RESOLUTION NO. 21-89 - ADOPTING THE S.L.O. COUNTY & INCOR- PORATED CITIES HAZARDOUS WASTE MANAGEMENT PLAN B. HEARINGS/APPEARANCES: 1. TENTATIVE PARCEL MAP 24-88 - 8005 San Gabriel Rd. (Kenney/ Stewart) : Request to subdivide two existing lots of 9 .35 ac. total into three parcels containing 2 . 50, 2 . 50 and 4 . 35 ac. each 2. TENTATIVE TRACT MAP 1-89 - 8625 Atascadero Ave. (Iverson/ Central Coast Engineering) : Request to subdivide 13 . 9 ac. into twenty-one ( 21) parcels of approximately 1/2 ac . each. The request includes establishment of two new City standard roads to serve the subdivision: Via Tortuga and Calle Refugio. BREAK 2 C. REGULAR BUSINESS: 1. TREE ORDINANCE REVISION: REFERRAL TO PLANNING COMMISSION (Cont'd from 3/28/89) 2 . FUNDING COMMUNITY AGENCY REQUESTS 3. SENATOR ROBBINS REQUEST FOR COUNCIL LETTER OF ENDORSEMENT- SB 103 D. INDIVIDUAL DETERMINATION/AND OR ACTION: 1 . City Council: A. Summary of sub-committee meetings (Mayor Borgeson) 2 . City Attorney 3. City Clerk 4 . City Treasurer 5 . City Manager: A. League of CA Cities Annual Workshop & Quarterly Meet- ing, Friday, May 5, 1989, Solvang COUNCIL WILL ADJOURN TO A JOINT MEETING WITH THE CITY' S PLANNING AND PARKS & RECREATION COMMISSIONS ON THURSDAY, APRIL 13, 1989, AT 7 :00 P.M. IN THE FOURTH FLOOR ROTUNDA ROOM FOR DISCUSSION REGARDING THE GENERAL PLAN. SAID MEETING IS OPEN TO THE PUBLIC. 3 P R O C L A M A T I O N "CALIFORNIA EARTHQUAKE PREPAREDNESS MONTH" April, 1989 WHEREAS, the State of California continues to experience significant seismic activity, thus posing a threat of earthquakes with damaging intensities; and WHEREAS, Governor George Deukmejian has declared April as California Earthquake Preparedness Month and urges all citizens, businesses and industries, schools, civic and volunteer organi- zations to "BEAT THE QUAKE" ; and WHEREAS, the loss of life and property can be greatly reduced if appropriate earthquake preparedness measures are taken before, during and after a damaging quake; and WHEREAS, these lifesaving procedures will be highlighted during the month of April as the Governor' s Office of Emergency Services, with the assistance of governmental agencies, service organizations, educational institutions, major corporations and Neighborhood watch groups, provide earthquake safety information and education to citizens throughout the state; and WHEREAS, the measures presented in the "BEAT THE QUAKE" campaign should increase public awareness regarding proper pro- edures to follow during a tremor; and WHEREAS, this important earthquake safety information should be studied and observed throughout the year in order to reduce injuries, loss of life and property damage during an earthquake; NOW, THEREFORE, the Council of the City of Atascadero does hereby proclaim April, 1989 as CALIFORNIA EARTHQUAKE PREPAREDNESS MONTH and encourages all citizens to increase their knowledge and awareness of proper safety measures to follow before, during and after an earthquake. BONITA BORGESON, Mayor City of Atascadero, CA Dated: April 11 , 1989 P R O C L A M A T I O N "NATIONAL LIBRARY WEEK" April 9-15, 1989 WHEREAS, we are fortunate to have the excellent library facilities that are available and convenient for our use in this community; and WHEREAS, in books are stored the accumulated wisdom of the ages, and the individual who does not read has very little advantage over the person who cannot read; and WHEREAS, a special week of activities has been planned at the County Branch Library in Atascadero which will be open to the public; NOW, THEREFORE, I hereby proclaim the week of April 9-15, 1989, "National Library Week" in Atascadero and urge all citizens to visit the library during this special time to acquaint them- selves with the many fine services offered. BONITA BORGESON, Mayor Dated: 4/11/89 • P R O C L A M A T I O N "TRI COUNTIES SMALL BUSINESS OPPORTUNITIES DAY" June 6 , 1989 WHEREAS, business enterprise has been a vital part of this Nation' s way of life from its very beginning; and WHEREAS, the Tri-Counties Purchasing Outreach Network, cov- ering Santa Barbara, Ventura and San Luis Obispo Counties, a non-profit organization structured to encourage the growth of Small, Disadvantaged and Women-owned business in our communities, is holding a Small Business Opportunity Day at the Ventura County Fairgrounds on June 6, 1989; and WHEREAS, business entrepreneurship in Atascadero, as throughout California, is the gateway to opportunity for all in the free enterprise system and the means by which many of us continue to build a better life for ourselves and our families; and WHEREAS, small business is especially suited to our Atasca- dero way of life by virtue of its vitality, scale and minimal demand for public resources; and WHEREAS, the Tri-Counties Small Business Opportunity Day will provide a forum for these outstanding businesses to inter- face with their counterparts in majority Corporate America in an ongoing effort to develop purchases; NOW, THEREFORE, I, Bonita Borgeson, Mayor of the City of Atascadero, California, do hereby proclaim June 6th, 1989, as SMALL BUSINESS OPPORTUNITIES DAY in our City and urge all Atascaderans to thank the local busi- nesses for their contributions to our community and for their sponsorship of this worthy event. BONITA BORGESON, Mayor City of Atascadero, CA . Dated: April 11 , 1989 Tri-Copies Purchasing Outreach etwork P.O.Box 2207•Goleta,California 93118 i MAKE IT HAPPEN March 6, 1989 l The Honorable Bonita Borgenson Mayor of Atascadero 6500 Palma Atascadero, CA 93422 Dear Mayor Borgenson: The Tri-Counties Purchasing Outreach N , ering Santa Barbara, Ventura and San Louis Obispo counties is ho ing a Small siness Opportunity Day at the Ventura County Fairgrounds n June 6, 1989. The outreach network is a non-profit organization structured to encourage the growth of Small, Disadvantaged and Women-owned business in our communities. It would be appreciated if the mayor and city council would join our endeavor and send a letter of proclamation to support the June 6 event. We would like to include your proclamation in our program to be given to seventy (70) exhibitors and approximately one thousand (1000) guests who will attend. Attached is a brochure describing our organization and an example of a proclamation from a past event. Please submit your document to the following address by April 15th: Mary Weaver, Small Business Administrator Delco Systems Operations 6767 Hollister Avenue Goleta, CA 93117 If there are any questions, please contact me at 805-961-5717. Sincerely, DELCO SYSTEMS OPERATIONS Mary Weaver Chairman, Public Relations Tri-Counties Purchasing Outreach Network Attachments Sponsored by the local business communities. For information call(805)961-4073 or 961-5717 MEETly ' AGENOA f DA�c E ATASCADERO CITY COUNCIL MINUTES MARCH 28, 1989 The regular meeting of the Atascadero City Council was called to order by Mayor Borgeson at 7:05 p .m. , followed by the Pledge of Allegiance. ROLL CALL: Full Council Present : Councilmembers Dexter , Lilley, Mackey, Shiers and Mayor Borgeson Staff Present : Paul Sensibaugh , Public Works Director ; Henry Engen, Director of Community Development ; Mark Joseph , Director of Administrative Services; Jeff Jorgensen, City Attorney; Bud McHale, Police Chief, Andy Takata, Director of Parks, Recreation and Zoo; and Boyd Sharitz , City Clerk . COMMITTEE REPORTS: City/School Committee: Councilman Dexter reported that there is a meeting scheduled for this Friday, March 31 . S.L.O. Area Coordinating Council : Mayor Borgeson stated that they will be meeting the latter part of this month . Traffic Committee: Councilwoman Mackey said that a man asked that Halcon Road be moved but was rejected because it cost too much money and really wouldn ' t serve the park . Solid/Hazardous Waste Mgt. Committee: Councilwoman Mackey said this will be discussed later on tonight . Economic Opportunity Commission: Councilman Dexter said that he was unable to attend the meeting last Thursday. Finance Committee: City Manager Ray Windsor said that he was hoping to have a meeting this week before Councilman Shiers has to return back to school , possibly Thursday. Downtown Steering Committee: Mayor Borgeson reported that they are meeting on Wednesday, March 29 from 3-6 p .m. COMMUNITY FORUM: George Luna, Planning Commissioner , stated that since the joint meeting on the Tree Ordinance he has been asked many times on the status of the text amendments to the Tree Ordinance. His reply has been always the same. He then quoted the zoning ordinance on text amendments. "The Planning Commission shall hold a public hearing on any proposed text amendment to this title of the zoning ordinance. It has done that . The purpose of the hearing shall be to receive testimony from parties interested in the proposed text . To consider the recommendations of the Planning Director , it has done that and to adopt a recommendation to the City Council and it has not done that . The Planning Commission shall submit a written recommendation to the City Council on the proposed amendment setting forth findings in support of the recommendation. It has not done that. Upon receipt under the City Council notice and hearing, upon receipt of the recommendation of the Planning Commission the City Council shall hold a public hearing after giving the necessary public notice. The City Council may approve, modify or disapprove the recommendation of the Planning Commission, as yet there has been none. Provided that any modification of a proposed text amendment by the City Council not previously considered by the Planning Commission shall first be referred to the Planning Commission for a report and recommendation. As yet there is no written recommendation to refer to. Thus it was a surprise to him to see on the agenda tonight a report on the Tree Ordinance with the expectation "to hopefully get final conceptual approval to bring back an ordinance for first reading before the Council . Say it isn' t so , show us that the City ' s Ordinance will always be followed and send this matter back to the Planning Commission for its written recommendation" . A. CONSENT CALENDAR: 1 . March 14, 1989 City Council Minutes 2. RESOLUTION NO. 1-89 - ADOPTING BOARD OF APPEALS RULES OF PROCEDURE 3. REQUEST FOR SEWER ANNEXATION (KESTERMAN - DULZURA AVENUE) 4. CLAIM OF VERNON GRAY (RECOMMEND DENIAL) 5. REQUEST FOR SPONSORSHIP - ATASCADERO COMMUNITY BAND City Manager, Ray Windsor, asked that Item 5 be pulled and asked that Council give consideration tonight to give support or sponsorship to the band , and then referring the item back to staff so that it can be brought back to the Council as part of the budget review. MOTION: By Councilman Lilley, seconded by Councilwoman Mackey to approve Items A 1-5 with the recommendation from the City Manager that the Council officially recognize the Atascadero Community Band and refer to staff for the financial consideration at budget time. Passed unanimously by roll call vote. 2 B. HEARINGS/APPEARANCES: 1 . HAZARDOUS WASTE MANAGEMENT PLAN Tim Mazzacano , Director of Environmental Health with the San Luis Obispo County Division of Environmental Health, County Health Department reported that the San Luis Obispo County Hazardous Waste Management Plan was developed in response to the Tanner Bill. The Hazardous Waste Commission with County staff have been working on the plan since July 1987. Marge Mackey is the City of Atascadero representative on the Hazardous Waste Management Commission. Throughout the process the public has been encouraged to participate. A public hearing was held on the draft plan before the council last spring . All of the comments received from the public , the city councils and the state on the draft plan were considered in the development of the final plan. Seven copies of the final plan were delivered to the City of Atascadero in November . The draft environmental impact report for the plan was available for comment from October to December . A copy of the final impact report which includes responses to all of the comments received on the draft environmental impact report was delivered to the city the end of February. The EIR identified an environmentally superior alternative which modified the general areas identified in the chapter 9 of the plan. There are no general citing areas within the City of Atascadero . The environmental alternative was approved by the Hazardous Waste Management Commission and appears in the changes and corrections. The changes and corrections also identify changes for internal consistency, changes to update the information, correction of spelling and grammar and omitted information. Approval of the plan will provide the county and the cities within the county with the greatest degree of local control of citing of hazardous waste management facilities and implementation of the plan will bring about waste management programs and policies which will benefit the environment including a household hazardous waste program. They have received approval from the cities of Morro Bay, Paso Robles, San Luis Obispo , Pismo Beach , Arroyo Grande and Grover City. They anticipate the county board of supervisors will hold their hearing on the final plan on April 18th . Ms. Corliss of the Division of Environmental Health staff is present to answer any questions council may have. Mayor Borgeson asked if the City does not approve the plan, will the state mandate it? Mr . Mazzacano responded the plan is submitted for approval to the State and the State can either approve or disapprove the plan. If the State does not choose to approve the plan, we can still have a locally 3 approved plan but they plan to work with the cities. The plan is to the benefit of all . Cathy Corliss said the State is going to develop a State Hazardous Waste Management Plan. That will incorporate conflicts from all the counties. If there isn' t a County Waste Management Plan she isn ' t sure where that leaves us with the State Hazardous Management Plan. Council discussion followed. Mayor Borgeson asked Paul Sensibaugh, Public Works Director if he would prepare a condensed report from the two large reports that the Council has received. Mr . Sensibaugh said he would prepare this for the Council before the next scheduled Council meeting . 2. CONSIDERATION OF APPEAL BY DON MESSER OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 12-88 (Kentucky Fried Chicken, 6900 El Camino Real ) . Henry Engen, Community Development Director , gave the staff report recommending approval with the project re-designed to eliminate the drive thru reversing the site plan to put the restaurant on the creek and eliminating the tower roof sign. Council discussion followed. Mayor Borgeson opened the subject for public comment . Paul Geis, attorney for Mr . Messer and O.C. Crothers stated they are seeking a conditional use permit from the City for signage only which is in excess of the standards prescribed by signing provisions of the city' s zoning ordinance for a drive through restaurant . This is the only entitlement for which they seek . The notice of public hearing is consistent with that request . It says that they are appealing the planning commission ' s denial of a conditional use permit request to allow for signage in excess of 100 square feet including a freeway sign for a restaurant . Also the staff report is consistent with that request for entitlement in that it notes that this is a public hearing on a conditional use permit involving a request for signage in excess of zoning ordinance standards for a drive through restaurant . This becomes important because the staff reports in the past have mislead the Planning Commission as to the issues before them with regard to this application and he intends to show Council the errors in that staff analysis. Initially the applicants only seek the use permit for signage and not a use permit for the overall projects, just the single feature of a use permit for signage which is peculiar the signing 4 s �► provisions in the city ' s ordinance. The signage they are seeking a variance from is the freeway signage (freeway identification sign) and signage that is in excess of 100 square feet . Those provisions are found in the signing provisions of the zoning ordinance in section 9-4. 130. They have thrown in zoning law consistency including the need for a conditional use permit which is not necessary. They have thrown in general plan consistency which is not appropriate or necessary, creek plan consistency which is part of the city ' s general plan which is not necessary for what entitlement is being sought this evening. The overall project as applied for is in fact consistent with the City ' s zoning ordinance, the city 's general plan and the creekway plan. There is no requirement that the council make findings as to those consistencies for the conditional use permit which they seek for signage only. Regarding the zoning ordinance, staff indicated that this is CR commercial retail zone. There is no provision in the city' s zoning ordinance that has a sub-category for central business district retail zone. It is just a CR commercial retail zone that is prescribed in section 9-3.221 of the zoning ordinance. It states that the purpose of this zone is to -provide for a wide range of commercial uses to accommodate most of the retail and service needs of the residents of the city and surrounding areas. Allowable uses 9-3.222 reads: in the commercial retail zone includes general merchandise stores, offices, eating and drinking places. There is no restriction whatsoever as to drive through restaurants, it just states eating and drinking places. 9-3.223 are uses that require a use permit , and they do not fall under any of those uses. This project does not require an overall use permit for restaurant and the offices and stores which they are proposing . 9-3.224 says there shall be no minimum lot size in the commercial retail zone. Deborah Hallowell, from Cuesta Engineering spoke regarding the history of the development of the site plan and addressed the conditions and the signing issues that have been brought up. Council questions and discussion followed. Jerry Bond said he believed that the plan is excellent and the drive through is well hidden. He hoped the Council would approve it tonight because it is an excellent project . Dorothy McNeil asked if there are any windows or doors on the retail stores on the creekside. Ms. Hallowell responded that there are three windows, three doors and a patio . Mrs. McNeil then asked about where the trash receptacles would be. Ms. Hallowell pointed out where the trash dumpsters would be placed . She believes the Council should say no to 5 this project . Keith Higgens, Traffic Engineer, stated this is a good project . O.C. Crothers, one of the applicants, asked the Council for their support . Without the drive thru it becomes an economic non-feasibility. They did a traffic count last month at the Paso Robles store and 49% of their customers went through the drive-thru. Terry Graham suggested that the Kentucky Fried Chicken people look into the vacant building that was formerly Del Taco because they had a drive-thru. At this time Mayor Borgeson closed the discussion for public comment. Jeff Jorgensen referenced Section 9.2. 108 (b ) (2) ( iv) of zoning ordinance wherein precise plans are subject to the same findings as CUP ' s. Council discussion and questions followed . Mayor Borgeson noted that page 3 of the 11-15-88 staff report pointed out the findings necessary for a precise plan. Henry Engen indicated staff would not have made the necessary findings. Don Messer stated that he feels that he has a good project and has tried to change it to get approval . If the Council wants a walk-way around the creek that would be fine. He is looking for some direction from the council . He wanted to thank the Council for their time on this project. Mayor Borgeson responded to Mr . Messer that at this point Council couldn ' t give him specific suggestions on what to do on this project , but staff has some conditions of approval that they felt that. project could be approved with the conditions before the council and with the architectural changes and this going back to the Planning Commission, perhaps and working with them, you may come up with what you want and the city wants. MOTION: Made by Mayor Borgeson, seconded by Councilman Shiers to direct staff to send conditional use permit 12-88 back to the Planning Commission with the recommendation for approval subject to conditions of approval as outlined in the Council packet of March 28th with the addition of condition 15 "developer shall provide an access easement through the project to the creek reservation. " Passed unanimously by roll call vote. 6 At 9: 15 p.m. Mayor Borgeson requested a 15 minute recess. The meeting reconvened at 9:30 p .m. 3. HERITAGE TREE REMOVAL REQUEST (Lot 18, Block 43, Atascadero Colony - Rayar , Millhollin/Tartaglia) Staff report was given by Henry Engen, Community Development Director . Council questions and discussion followed. Mayor Borgeson opened the discussion for public comment . Glen Millhollin said this tree is 25 or 30 inches and is not one of the most beautiful trees. This lot has quite a few trees on it and in order to get sufficient grading to build the house you need to level some spot and the only thing that they can do is to take the top of the hill and level it out . The slope is too steep to put in a septic system in any other location. Mayor Borgeson closed for public comment . Council discussion followed. MOTION: Made by Mayor Borgeson, seconded by Councilman Shiers to deny the applicant ' s removal of this Heritage tree. Passed 3:2 roll call vote with Councilmen Lilley and Dexter voting no. Mayor Borgeson told Mr . Millhollin it is suggested that he consult with staff and find out what possible alternatives he may face at this point . Mr . Millhollin asked what suggestions staff might make at this point . He had engineers do this work for him and he doesn ' t know where to go next , he wished he had some advise from the Council , this is devastating . 4. ORDINANCE NO. 192 - ADOPTING POLICY FOR THE FINANCIAL RECOVERY OF COSTS OF EMERGENCY RESPONSES PURSUANT TO GOVERNMENT CODE SECTION 53150, ET SEQ Bud McHale, Police Chief, gave the staff report .' Council discussion followed . Mayor Borgeson asked for public comment at this time. Whitey Thorpe said this piece of legislation that the police department would like to have in their hands would be 7 placing in the hands of the law enforcement a hammer to knock any citizen down that he so happens to choose. This is going a little bit too far, and the police department should be ashamed to ask for such a piece of legislation be bought before the council . MOTION: By Councilman Lilley, seconded by Councilwoman Mackey to refer this back to the Police Department for revisions in line with the Council comments that have been given and bring back to the Council for further consideration. Specially that there needs to be modification as to when and what act , be it conviction vs arrest triggers the recovery effort and also a monitoring time to insure that this is cost effective over a 6 or 8 month period. Passed unanimously. C. REGULAR BUSINESS: 1 . DOWNTOWN STEERING COMMITTEE ' S RECOMMENDATION RE: CONSULTANT FOR DOWNTOWN MASTER PLAN CONTRACT Staff report was given by Henry Engen, Community Development Director . Council discussion followed . There was no public comment . MOTION: By Councilman Dexter , seconded by Councilwoman Mackey authorize the City Manager and Mayor to execute the attached contract not to exceed $28,800. Passed unanimously by roll call vote. 2. CONSIDERATION OF REQUEST TO INITIATE ZONING TEXT AMENDMENT RE: NON-CONFORMING LOT DEVELOPMENT (ZC 3-89, Williams) Staff report was given by Henry Engen, Community Development Director . Council discussion followed . There was no public comment . MOTION: By Councilman Dexter , seconded by Councilman Lilley to instruct staff to prepare a zoning text amendment to to allow development for non-conforming uses or structures subject to CUP approval and selective findings. Passed unanimously. 3. APPEAL OF DISCIPLINARY ACTION (Officer Eric Schlerf) Staff report was given by City Manager , Ray Windsor . 8 There will be a closed session on Friday, March 31 , 1989 at 4 p .m. to discuss this item with Council in a closed session for personnel matters. Councilwoman Mackey will be out of town so Mr . Windsor will meet with her on Thursday to go over the issues and to set a date for the hearing . Tonight ' s meeting will be adjourned to this closed session on March 31 , at 4 p.m. 4 . ARBOR DAY TREE PLANTING Staff report was given by Andy Takata, Parks, Recreation and Zoo Director . Following discussion by Council it was decided that the tree should be planted in the City parking lot . 5. DISCUSSION RE: SKATEBOARDING Staff report was given by Ray Windsor , City Manager . He suggested that Council refer this to the Parks and Recreation Commission to allow them to hold a form of hearing . Also it will be discussed as part of the subcommittee meeting with the School District on Friday. There was no public comment . MOTION: By Councilwoman Mackey, seconded by Mayor Borgeson to refer this to the Parks and Recreation Commission with a recommendation to the City Council . Passed unanimously. D. INDIVIDUAL DETERMINATION/AND OR ACTION: 1 . CITY COUNCIL a. Tree Ordinance revisions - set public hearing date City Manager Ray Windsor gave the staff report . Mayor Borgeson stated that she would like this item continued to the next regular council meeting and put on as a regular agenda item. MOTION: By Councilman Lilley, seconded by Councilwoman Mackey to continue this item to the next regular council meeting . Passed unanimously. Mayor Borgeson asked when items go out to bid in the city, such as the pavilion, is there any way that we can have our local contractors have a better chance at getting a bid awarded to them? 9 City Attorney Jeff Jorgensen said it isn' t easy to put something in for local preference but will look into it . Paul Sensibaugh , Public Works Director, reminded Council that we adopted what we call a cost accounting bid procedures through the State Controller ' s Office. Meeting adjourned at 11 p.m. to a closed session on Friday, March 31 at 4:00 p .m. for discussion of personnel matters. MINUTES RECORDED BY: BOYD C. SHARITZ, CITY CLERK PREPARED BY: GEORGIA RAMIREZ, DEPUTY CITY CLERK 10 gar ITEM! MEMORANDUM TO: Citv Council THROUGH: Rav Windsor . Citv Manaaer FROM: Paul Sensibauah , Director of Public Works Valerie Humphrey , Clerical Technician SUBJECT : San Luis Obispo County Hazardous Waste Management Plan (Resolution No. 21-89) DATE: April 4 . 1989 This Plan was developed by San Luis Obispo Countv in response to AB 2948 (Tanner . 1986) . AB '*948 was enacted to address the hazardous waste problems at the local level . The purpose of AB 2948 is to do the following: * Reduce the generation of hazardous waste to the maximum extent feasible; * Provide the public , industrv , and local government with the information needed to take rational steps to minimize . recycle , treat . dispose , and otherwise manage hazardous waste in California ; * Provide the basis for vlannina adequate hazardous waste management facility capacity ; * Determine the current arid estimated future hazardous waste c{eneration rate . P_ro,iect the need for facilities to manage this waste . arid establish a workable system to pro-,Tide the sites for needed facilities ; * Insure that : counties and cities conduct local and regional efforts to assess the needs for . and plan for , the establishment of local and recional hazardous waste treatment and disposal facilities needed to manage hazardous waste aenerated in their. jurisdictions : * Insure that all local governments consider the feasibility and appropriateness of indentifvina suitable general areas for treatment and disposal facilities in their general Plans . Due to chances in State and Federal regulation_ , a disposal crisis is imminent . New regulations call for a prohibition on the disposal of untreated hazardous waste to landfills by Mav 8 , 1990 . • • San Luis Obispo Countv does not generate enough hazardous waste to support any of the seven (7) generalized treatment facilities . but the total waste produced within the Countv for all treatment methods may be sufficient to support the operation of a small scale transfer station . Such a transfer station could collect and temporarily store hazardous waste , prior to its shipment to other recvcling or treatment facilities . The pian uses siting criteria to identify General areas within Sari Luis Obispo Countv that may be suitable for hazardous waste treatment storage and disposal facilities . This plan emphasizes a hierarchv of hazardous waste management techniques for existing and new industries . The hierarchv emphasizes source reduction as the best possible solution to the hazardous waste problem, with onsite recycling . offsite treatment as the best possible solutions . respectively . Since the adoption of a hazardous waste management plan is an exercise of discretionary judgement by affected local Jurisdictions , an EIR has been prepared as a part of the plan review process . Education will pian a major role in improving hazardous waste manacrement . Education can foster the safe use and disposal of hazardous waste in Sar, Luis Obispo when no alternatives are available . Involvement and support from local residents and business are crucial to the success of hazardous waste manacrement in the future . The term "Fair Share" denotes that each Countv is responsible for the disposition of its own waste : that is . responsible for its fair share of waste manacrement . The term "Hazardous Waste Facilities" encompasses several different tvpes of management options . The three (3) basic types of facilities discussed include : 1 - Transfer and storage facilities ; 2 - Treatment facilities : and - Residual retiositories for treated residues . Transfer and storage facilities serve as a collection station for small quantities of waste , combining like wastes when the auantities become large enoucrh to be economically snipped to a treatment or recyclinc_r facility . The size of the individual transfer station would depend upon the estimated vC). ume of hazardous waste that could be realistically accommodated at that location . Transfer stations typically consist of tanks and warehouse- s ty .e transfer buildincrs . which could be designed to be compatible in urban-industrial settings . Treatment facilities and processes encompass mechanisms for alterina the toxicity, chemical form, or volume of waste. Treatment processes are generally designed to accomplish one of three things : 1 - Transforming hazardous waste, by destruction or detoxification , into a material safe for disposal ; 2 - Concentration or volume reduction facilitatincr the safe handling_ and disposal of the hazardous components : 3 - Immobilizing, which isolates the hazardous components from the environment , with solidification and stabilization processes being the two most common forms of immobilization . r Residuals Repositories are locations for long term storage of the by-products of treated hazardous waste , for which there is no further treatment . The residual repositories should be visible to the public . The actual land area recruired depends upon the volume of waste accepted annually . A final Hazardous Waste Management Plan Environmental Impact Report was prepared and submitted in February 1989. The "Project" evaluated the entire San Luis Obispo County Hazardous Waste Management Plan , as well as focusing on the eicrht (8) general studv areas within San Luis Obispo County that could potentialiv be used for the development of hazardous waste treatment , storage , or disposal facilities . The Countv Hazardous Waste Management Plan (CHWMP) text and map (refer to map Exhibit A) were modified to conform with the environmentally superior alternatives (refer to map_ Exhibit B) identified in the final Environmental Impact Report : Study Area . 1 oriainally consisted of approximately 12 square miles in . the northeastern corner of the County . the area forms a triangle . bounded by Highwav 41 on the north , Highway 46 on the south and the Kern County -Line on the east . (refer to Exhibit Al This Studv Area has been reduced in size to include only the central-western portion (approximately 450 acres) where the topoa_ raphv is more level and where lands are located outside the 10I:)-year flood plan , and restrictions to repositories or treatment facilities (e . g. incinerators') only , due to its distance from urbanized area, . The CHWIIIP could later be amended to allow storage:+._ransfer facilities it future development in the area results in the need for such a facility . (refer to Exhibit B) Study Areas 2 and 3 originally consisted of 40 square miles , located in southern San Luis Obispo County , on the north bank of the Cu_vama River and 21 square miles . located in the far south end of San Luis Obispo County , south of Highway 166 and approximately 5 miles east of Highway 1 . (refer to Exhibit A) Both Areas 2 and 3 have been eliminated from the proposed general areas due to geologic , hvdrologic , and topographic constraints (Study Area 2) , access limitations due to existing traffic and/or road conditions (Study Area 2) , distance from the urbanized areas of the county where hazardous; astes are generated (Study Areas 2 and 3) and proximity to 'ura .ized area (Santa Maria) which could be affected by toxic i omissions (Study Area 3) (refer to Exhibit B), Study Area 4 is approximately 140 acres in size . It is south of the San Luis Obispo City Limits in the immediate vicinity of the San Luis Obispo Airport . (refer to Exhibit A) Hiahwav 227 is the major entrance road to the City of San Luis Obispo . Study Area 4 has been modified to restrict usage to storaQeltransfer facilities only due to the proximity to residential areas . Study Area 5 originally consisted of approximately 2 . 330 acres . It is located south of the community of Oceano and west of Nipomo. Highway 1 passes through this study area . (refer to Exhibit A) The size of Study Area 5 has been reduced to approximately 1 . 090 acres to include the eastern -portion and to restrict tree use to storage facilities only . (refer to Exhibit B ) Study Area 6 is located approximately four miles northeast of the City of Paso Robles and just north of Hicrhwav 46 (refer to Exhibit A) The study area encompasses the Paso Robles Municipal Airport and is approximately 2 ,770 acres in size . Study Area 6 has been modified to restrict usacxe to storacreltransfer facilities on1v due to the proximit•', to residential areas . Study Area• 7 consists of about 100 acres located approximately nine miles east of Paso Robles , at the existing City of Paso Robles landfill site immediately north of Hicrhway 46 . (refer to Exhibit Ai Study Area 8 is the area of and around the Cold Canyon Landfill which is currently being used for solid waste disposal . (refer to Exhibit A) Access for this approximately 120 acre study area is provided by State Route 227 . Study Areas 7 and 6 have been modified to restrict usasge to storaae%transfer facilities only . cue to their current use as landfills , isolation from other industrial areas , and easy accessibility from urbanized portions of San Luis Obisvo County (via Highways 101 . 46' and 227) . • • Fiscal Analvsis : The followina_ are suaaested fundincr options for local jurisdictions to pursue in an effort to implement household hazardous waste management programs . 1 . County-Wide Tax Assessment District Establishing a county- wide tax assessment district would provide a source of income through assessment of property taxes on residential property . A special tax assessment required approval by 2/3 majority of the voters and the assessment is determined by the benefit received by each parcel . 2 . Increased Refuse Collection Fees AB 1809 (Tanner . 1985) authorizes local jurisdictions to increase solid waste collection fees in order to fund the establishment , publicity , and maintenance of household hazardous waste collection events . This may either be done by assessing each refuse collection company based on the total number of accounts . residential and commerical . or based onlv on the residential accounts . Residential garbage accounts only include single dwelling: multi- unit dwellings such as apartments and condominiums are classified as commercial accounts . If a county-wide system of household hazardous waste collection programs is not established. cities within the county may utilize this fundincr mechanism in order to establish their own programs . 3 . Increased Solid Waste Landfill Fees This fundina option would add a surcharge to landfill tipping fees for commerical and private vehicles . 4 . Grants AE 2448 (Fastin . 1987) will provide State funding for HHW proarams . Guidelines and applications will be available for State grants around July of 1989 . The State grants will be available in late 1989 to early 1990 . Additional a_rants ma_v become available . 5 . Public/Private Donations and In-Kind Contributions (of Labor . Materials and/or Equipment) . Costs associated with a household collection program can be substantially reduced through the cooperation and financial support of business and civic groups . 6 . General Fund This can include funding from the general tax revenue of an incorporated city or a county or a combination of monies from cxeneral funds from both incorporated cities and county . • • 7 . Toxic Substances Fee or State Excise Tax Such a fee or tax could be imposed on household products containing toxic chemicals . The monies could be used to finance safe disposal of HHW. The disposal costs would then be paid by those who profit from the use of such Products . Decisions on funding will not be made upon approval of the Plan , but will be considered at a later time. o M : F (n el z a 01, _ �+ N W r•a p �-•-1• Cf) -+ cn W z co cn r` �• • '• p W F" a z w I-, In �- N Z Z a w to w V. 3 V1 Q cn - .! 1. ,, I•y I+ � 'Z, r+ ! ,ts., J j 1 �• � 'tom + � :����t J .•� •'{' h W • ' ` a ` ' I II'�` / '�" 1. cn fill a. Nr it it it .1cn fit. c 00 IF z It uj ' � I '� 1 '.• .y c ' 1 I �u I Q E" 1:• 1 -n'��. , rt� i,' i�'` _ �I � Ill = N Zl.- I I• -� tf �1 + •• �`. r . '� tiff 1 J Q i f It 4- ,.. . i s 9- 19 � y � r t i 1 � CD Wm w �•� W Q� Qa LLJ_ Nk 1 JO to �� b ��- . �_ Z J ,Q p h¢ 'a Ow cc m _ J Qz Ox WQ Ww � n .i ./ w F- ZN n ♦ 1 ' - 2 W wQ J1 moo, .� • to W tat q v � u •-� � � Q Zr / z I W w 3 t r "4• Z 'r- o w CO -� ,.f at ► �r , W Z Z to J Q Q IM z d p I.L. _ �• ��.. � , � ` fit til w W iW p . ` t f Z O Sw = i Q W Z 5 O W U. Q aj CC > W L'.( -,_r' CL c = w 4L CO F- Ito _rte t Q N Q O N •' ' - ` Y ' a Q W ` �' J Q Q W N Q Q Cn Cr- Q �- W w WCr- ~ Z CL /.A •J 4 "= • F Attachment A 9-]9 RESOLUTION NO. 21-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATA SCADERO AUSPTING THE SAN LUIS OBI SPC COUNTY AND INCORPORATED CITIES HAZARDOUS WASTE MANAGEMENT PLAN WHEREAS , the safe and responsible rrianaaement of hazardous waste is one of the most important environmental Problems facing the State and local jursidictions at the present time ; and WHEREAS , effective management of hazardous waste is critical to the protection of public Health , the environment, and economic growth ; and WHEREAS , if environmentally sound hazardous waste facilities are not available to effectively manage the hazardous waste produced by industry , economic activity will be hampered and cannot prosper , public health and the environment will be threatened by increased illegal disposal . and the use of outmoded disposal practices will continue ; and WHEREAS , effective management of hazardous waste requires expanded and strengthened programs for source reduction , recycling , and onsite treatment , as Preferable to siting of new land disposal facilities ; and WHEREAS , all local communities in the state must be willing to share the burden of hazardous waste management and that all local crovernments shall consider the feasibility and appropriateness of identifying suitable sites for treatment and disposal facilities within the CHWMP; WHEREAS , after providing public notice , a lecal public hearincr on this matter was held by the Citv of Atascadero at the hour avvointed for such hearings on March '2'4 , 198-19 : and Resolution No. 21* Page two WHEREAS , the Atascadero City Council has considered all written and oral testimony . and has reviewed and considered theinformation contained in the final Environmental Impact Report (EIR) . NOW. THEREFORE BE IT RESOLVED that the Atascad.ero City Council 'hereby approves the CHWI°iP. On the following roll call vote : AYES : NOES : ABSENT ADOPTED: ATTEST : BOYD C . SHARITZ . City Clerk BONITA BORGESON. Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: JEFFREY G. JORGENSEN PAUL ISI. SENSIBAUGH City Attorney Director of Public Works City Encrineer ADMINISTRATION BUILDING POST OFFICE BOX 747 ATASCADERO.CALIFORNIA 93423 POLICE DEPARTMENT PHONE: (805) 466-8000 POST OFFICE BOX 747 ATASCADERO. CALIFORNIA 93423 CITY COUNCILaseade ® PNONE: (803) 466-8600 CITY CLERK CITY TREASURER INCORPORATED JULY 2. 1979 CITY MANAGER 00MINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCADERO.CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (8051 466.2141 PUBLIC HEARING THE CITY COUNCIL WILL HOLD A PUBLIC HEARING AT THE REGULARLY SCHEDULED CITY COUNCIL MEETING ON MARCH 24TH 1989 AT 7:00 P.M. OR AFTER IN THE CITY COUNCIL CHA!fBERS, ADMINISTRATION BUILDING, 6500 PALMA AVENUE TO RECEIVE COMMENTS ON THE FOLLOWING: ADOPTION OF THE SAN LUIS OBISPO COUNTY AND INCORPORATED CITIES HAZARDOUS WASTE Y.ANAGEMENT PLAN. ALL PERSONS 14ISHING TO COMMENT ON THE ADOPTION OF THIS PLAN MAY BE HEARD AT THAT TIME. DATE: March 6, 1989 BOYD C. SHARITZ, CITY CLERK *STE IiLiAGEMENT COI-dILISSIOil OPORT (2-9-89) 1. Hazardous household waste proposal: a.It is hoped that four times a year a special collection can be conducted for hhw. b.The collection and disposal (probably hauling of this material to Kettleman disposal site will cost an estimated3260,000. c.The question is row to fund such an operation( 35-5.90 per customer) . 2. Ma:idatory. Collection: xtascadero seems to be the only City in the county who does not have mandatory collection. I feel perhaps it should be mandatory in the Urban Services area. . . .? The county is forcing (?) mandatory collection on urban unincorporated areas—they hope to, anyway, beginning with the Los Osos area. 3. Recycling: The Waste Commission hopes to increase the participation in recycling to 250 of the waste stream within two years. It is now approximately 6%. There are many ideas circulating and being discussed along with seminars etc. I asked for today's meeting to discuss recycling and the increase in fees to pay for tze haz. household waste fee increase. After the meeting was set the mandatory issue arose. . . . . Marj . Mackey 466-1811 MEMORANDUM To: Honorable Mayor and City Council Through: Michael Shelton, City Manager From: Paul M. Sensibaugh, Director of Public Works/City Engineer Subject : Hazzardous Waste Site on Traffic Way—Status Report Date : January 26, 1988 Recommendation: Staff recommends no official action at this time but suggests that the committeeperson and staff keep Council advised as to the actions taken at the Hazzardous Waste Management Plan committee meetings . Backround: This item was requested to be placed on the agenda by the Mayor who represents Council on the above committee as a result of information released by the news media recently. Discussion: At the suggestion of Mayor Norris staff has tried to reach Evelyn Delaney, County Supervisor and committee chairperson, regarding the site selection criteria and committee update . Since the hearings for the off—shore oil leases are going on Ms . Delaney has been unavailable . Today, however, a County staff member was able to provide information on the Hazzardous Waste Management Plan. The Draft copy of the HWMP must be completed by March 31 , 1988 and submitted to the State at that time . Also at that time the County will begin the public hearing process that will involve all of the cities in the county. The chairman of the Siting Subcommittee said that the final copy must be given to the State by October, therefore, we will have six (6) months to give input into the process . The HWMP consists of 19 chapters and the information that was released was only a portion of transportation element chapter that was prematurely given to the public . The maps contained in the handouts were for general site preferences and were not to be taken as site specific . The site on Traffic Way for example was not intended to mean that the old treatment plant or Street Corp . Yard was a viable site; it was intended that somewhere in the city any land that is zoned industrial is a potential consideration for a treatment site, a dump site or a transfer station. The State has mandated that each County designate a site or sites for the above facilities . The Siting Committee must develop or look at the criteria for the sites and must adpt guidelines unless they can justify ammendments that would rule ,� a particular site . The general concept is that if a city produces hazardous wastes it should in turn play a role in dealing with the disposal of the same . Since household hazardous wastes (spray cans, bleach bottles, etc . ) are considered in the same category as toxic wastes, it follows that all cities contribute to the problem and thus should be a part of the solution. Bob Holden with the County Environmental Health Dept. apparently can provide information on any facilities in our city that generate hazzardous wastes . Certain criteria rules out any potential for certain sites: High Hazzard Areas : Flood plains, earthquake fault areas, wetlands, etc . Public Safety: Distance from residences, schools and hospitals, and Proximity to major transportation routes. Physical Limitations of the Site : Soil conditions, non—atainment air where pollutants exceed national standards, prime agricultural lands, depths to groundwater. Locations that may be acceptable are industrial zones, recreational areas if compatible and those in close proximity to the sorce of the waste and to public facilities . A site could serve a regional area as well as local . Once the HWMP is adopted and sites are recognized specific locations are not pin pointed. If in the future a site is being considered it must go through stringent and extensive environmental reviews . Most likely private Enterprise will be involved and thus the normal planning process will be followed as well . Conclusion: The bottom line is that the Traffic Way site near the new baseball fields is not under consideration any more than any other industrial site in the city, that the information available was released prematurely, that the HWMP is still in the Draft stage and each statement made at this time brings up several questions that the committee wants to head off, that the information will be released in a proper fashion to avoid a panic, and that the proper time for Council and Staff to address the plan as it relates to Atascadero is during the public hearings after March 31 . COUNTY OF SAN LUIS O 61SPO • / ✓ . HEALTH AGENCY t r Department of Public Health _ 2191 Johnson Avenue • P.O.Box 1489 San Luis Obispo,Califomia 93406 v .• (805)549-5500 NOTICE OF PUBLIC HEARING A public hearing will be held by the Atascadero City Council on May 10, 1988 at 7:30 P.M. to consider the preliminary draft of the San Luis Obispo County Hazardous Waste Management Plan. The County Hazardous Waste Management Plan (CHWMP) is being developed in response to AB 2948 (Tanner, 1986) . The CHWMP addresses current and projected volumes of hazardous waste, treatment capacity, waste reduction, siting, transportation, implementation, emergency response, storage regulations, contaminated sites, and household hazardous waste. The hearing place is the Atascadero City Council Chambers, Fourth Floor Rotunda, Atascadero City Hall, Atascadero, California. At the hearing any interested person may express their views for or against, or to change the plan. If you have any questions about the CHWMP please contact Bob Holden or Cathy Corliss of the County Health Agency Division of Environmental Health, P.O. Box 1489, San Luis Obispo, CA 93406, phone (805) 549-5544. Public comments are invited and may be expressed at this or other CHWMP hearings or submitted in writing to CHWMP, c/o Environmental Health, P.O. Box 1489, San Luis Obispo, CA 93406. Copies of the CHWMP are available for loan from the Environmental Health office at 2156 Sierra Way, San Luis Obispo, California or any branch of the County Library. DATED: April 28, 1988 TIM MAZZACANO, R.S. , Director Division of Environmental Health TABLE OF CONTENTS UST OF TABLES,FIGURES AND MAPS v CALIFORNIA ASSEMBLY AND SENATE BILLS i x CHAPTER 1: EXECUTIVE SUMMARY OF TOPICS AND RECOMMENDATIONS 1 - 1 CHAPTER 2: INTRODUCTION TO THE DRAFT PLAN 2.1 Introduction 2 - 1 2.2 Legal Context for Hazardous Waste Planning 2 -2 2.3 Relationship to the California Environmental Quality Act (CEQA) 2 - 3 2.4 Relationship to Other Plans 2 - 4 2.5 Advisory Committee 2 - 5 CHAPTER 3: PURPOSE,GOALS,OBJECTIVES AND POLICIES 3.1 Purpose 3 . 1 3.2 Goals and Objectives 3 - 1 3.3 Policy Statements 3 - 4 CHAPTER 4: CURRENT WASTE GENERATION 4.1 Introduction 4 - 1 4.2 Definitions 4 - 2 4.3 Outline of the Methodology 4 - 3 4.4 Current Waste Generation 4 -4 CHAPTER 5: PROJECTED WASTE GENERATION 5.1 Introduction 5 - 1 5.2 Projected Waste Generation (Offsite) 5 - 1 5.3 Projected Waste Generation (Onsite) 5 - 2 5.4 Basic Assumptions 5 - 2 5.5 Shortcomings of the Projection Methodology 5 - 3 CHAPTER 6: TREATMENT,STORAGE AND DISPOSAL FACILITY (TSDF) SHORTFALL 6.1 Introduction 6 - 1 6.2 Current TSDF Shortfall 6 - 2 6.3 Projected TSDF Shortfall 6 -3 6.4 Alternative Scenarios 6 -6 i CHAPTER 7: FACILITIES 7.1 Introduction 7- 1 7.2 Existing Treatment, Storage and Disposal Facilities in San Luis Obispo County 7 - 1 7.3 Current Capacity Shortfall 7 - 1 7.4 Projected Capacity Shortfall 7- 3 7.5 Comparison of Capacity Shortfall with Facility Capacities 7 - 5 7.6 Conclusion 7- 9 CHAPTER 8: WASTE REDUCTION 8.1 Introduction 8 - 1 8.2 Regulatory Requirements 8 - 3 8.3 Barriers to Waste Reduction 8 - 6 8.4 Existing Programs 8 - 6 8.5 Potential for Waste Reduction Efforts 8 - 8 8.6 Waste Reduction Goals 8- 10 8.7 Waste Reduction Objectives 8- 1 1 8.8 Waste Reduction Policies 8 -1 1 8.9 Local Waste Reduction Programs and their Implementation 8 - 12 8.10 Waste Reduction Potential 8- 16 CHAPTER 9: SITING 9.1 Introduction 9 - 1 9.2 Land Use Requirements of Hazardous Waste Facilities 9 - 2 9.3 Siting Criteria 9 -5 9.4 Designation of General Areas 9 - 12 9.5 Conclusions 9 - 13 9.6 Recommendations, Goals and Policies 9-13 CHAPTER 10: TRANSPORTATION 10.1 Introduction 10-1 10.2 Transportation Regulations 1 0- 1 10.3 Transportation Routes 1 0-4 10.4 Waste Oil Dropsites 1 0-4 10.5 Transportation Goals, Objectives and Policies 1 0-4 CHAPTER 11: PLAN IMPLEMENTATION 1 1 .1 Introduction 1 1 -1 1 1 .2 Public Education 1 1 -2 1 1 .3 Household Hazardous Waste 1 1 -3 1 1 .4 Waste Reduction in Existing Industry 1 1 -5 1 1 .5 Waste Reduction for New Industry 1 1 -6 1 1 .6 Other Implementation Measures 1 1 -1 0 1 1 .7 Existing Inspection, Technical Assistance and Enforcement Activities 1 1 -1 1 1 1 .8 Recommendations for Inspection, Technical Assistance and Enforcement Activities 1 1 -1 4 ii 1 1 .9 Plan Advisory Committee 1 1 -1 6 11 .10 Plan Approval Process 1 1 -17 11 .1 1 The Local Assessment Committee and the Evaluation of TSDF Applications 1 1 -1 9 CHAPTER 12: EMERGENCY RESPONSE PROCEDURES 12.1 Introduction 1 2-1 12.2 Overview of County Emergency Response Plan (ERP) 12-1 12.3 The Relationship of the ER Plan to Other Plans/Jurisdictions 12- 1 12.4 Hazard Assessment 1 2-2 12.5 Concept of Operations for Hazardous Materials Emergencies 1 2-3 12.6 Recommendations 1 2-5 12.7 Policy Statements 1 2-5 CHAPTER 13: STORAGE REGULATIONS 13.1 Introduction 1 3-1 13.2 Responsible Agencies and Legislation 13-1 13.3 Description of Existing Programs for Hazardous Waste and Materials Storage in San Luis Obispo County 1 3-6 13.4 Recommendations 1 3-8 CHAPTER 14: CONTAMINATED SITES 14.1 Introduction 14- 1 14.2 Federal Regulations 1'4-1 14.3 State Regulations 1 4-2 14.4 Local Regulations 1 4-3 14.5 Contaminated Sites Analysis 1 4-3 14.6 Summary of Cleanup Wastes 1 4-8 CHAPTER 15: SMALL QUANTITY GENERATORS 15.1 Introduction 1 5-1 15.2 The Problems of the Small Quantity Generator (SQG) 15- 1 15.3 SQG Waste Estimation Methodology 1 5-3 15.4 Summary of Hazardous Wastes from SQG 1 5-3 15.5 Projections of Future SQG Waste Generation 15-11 15.6 Implications 15-11 15.7 Suggested Future Waste Reduction Programs for SQG 15-12 15.8 Goals, Objectives and Policies for SQG 15-12 CHAPTER 16: HOUSEHOLD HAZARDOUS WASTE 16.1 Introduction 1 6-1 16.2 Magnitude of the Household Hazardous Waste (HHW) Problem 1 6-1 16.3 HHW Experiences of Other Jurisdictions 1 6-2 16.4 Goals 1 6-4 16.5 Objectives 1 6-4 iii 16.6 Policy Statements 1 6-5 16.7 Legislative Background 1 6-6 16.8 Existing Household Hazardous Waste Efforts 1 6-8 16.9 HHW Program Proposals 16-10 16.10 Program Outlines 16-10 16.11 Funding Scenarios 16-14 16.12 Implementation Mechanism - Organizational Responsibility 16-16 16.13 Funding Options 16-17 GLOSSARY APPENDICES iv SAN LUIS OBISPO EIR TABLE OF CONTENTS Paqe LIST OF FIGURES ix LIST OF TABLES x PREFACE xii I. INTRODUCTION I-1 A. Purpose and Legal Authority . . . . . . . . . . . . . . . . . . . . . . . . . .I-1 B. Future Environmental Review Requirements . . . . . . . . . . . . . . . . .I-2 C. Use of the EIR/Responsible and Trustee Agencies . . . . . . . . . . . .I-3 D. Permit Requirements . . . . . . . . . . . . . . . . . . . . . .I-6 E. Scope and Content . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . .. . . . . . . . . . . I-6 II. SUMMARY II-1 A. Project Description . . . . . . . . . . . . . . . . . . . .. .II-1 B. Summary of Environmental Impacts and Mitigation Measures .. .... . . . . . . . .. .. . . . . . . .. . . . . . . . . . . . .. . . . . . . . .II-2 III. PROJECT DESCRIPTION III-1 A. Project Background. ... . . .. . . ... . . . . .. . . . . . . . . . . . . . . . . . . . . . . .III-1 B. Project Description . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . .III-1 C. Sponsor Objectives . .III-6 D. Project Location • • •• . . • • . • •- ••• • • . • . • • • • • • . . • • . • • • • . • - .III-6 E. Potential Facility Types . .. . . . . . . . . . . . . . . . . . ... . ... . . . . . . .III-11 IV. STUDY AREA 1 IV-1 A. General Description ... .. ..... . . . . . . . .. . .IV-1 B. Environmental Setting, Impacts and Mitigation Measures ... . . . . . .. . . . .. . .. . . . . .. . . . . . . . .IV-1 1. Land Use, Location and Housing . . . . . .. . .. . . . . . ... . . . . . . .IV-1 2. Geology and Seismicity ... . .IV-6 .. .. . . .. .... . . .. .. . .. . . . .. . 3. Hydrology and Water Quality .IV-10 4. Natural Resources . . ... ... ... .... . . .. . . . . . . . . . . . . . . . .IV-14 5. Plant and Animal Life .. . ... . .. . . .. . .. . .. . . . . . . . . . ... . ..IV-17 6. Emergency Response ......... . .. .. . . ... .. . . . . . .... . . . .IV-19 7. Transportation/Circulation ......... . ... . . .. . . . ... . . . . ..IV-24 8. Noise and Vibration ... •• • . .• .... . . .. . . . . . . . .. .. . . . . .. ..IV-31 9. Air Quality .. . . .IV-34 10. Public Health and Safety . ... .. . . . . . . . .. . . . . . . . . . . . . . .IV-43 11. Public Services and Utilities . . . . . . . . . ... . . . . . . . . . . . . . .IV-49 12. Visual Quality/Light and Glare. . . . . . . . . . .. . . . . . . . . . . . . . .IV-51 iii I03-12.R9 2/2/89 TABLE. OF CONTENTS (continued) Paae 13. Cultural Resources. . . ... .... . .. . . . .. . . . . . . . . . . . . . . . . . .IV-53 UJ 14. Energy Usage . • . . . . .. . . . . . . . . . . . . . . . . . .. . . . . .IV-54 C. Overall Analysis ofStudyArea . . . . .. . . . . . . . . . . . . . . . . . . . . .IV-55 V. STUDY AREA 2 V-1 A. General Description.. . .... ... . .V-1 B. Environmental Setting, Impacts and Mitigation Measures.. . ... . ... . ... . . . . . . . . .V-1 I. Land Use, Location and Housing. . . . . . . . . . . . . . . . . .. . . . . .V-1 2. Geology and Seismicity. . .. . .. . . . . . . . .. . . . .. .. . . . . . . . .V-5 3. Hydrology and Water Quality. . . . . . . . . . . . . . . . . . . . . . .V-9 4. Natural Resources . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .V-13 5. Plant and Animal Life . . . . . . . .. . . .. . .. .. . . . . . . . . . . . . . . ..V-15 6. Emergency Response . . . . . . . . . . .. . . .V-17 7. Transportation/Circulation .. . . . . . . . . . . . . . . . . . . . .. . . . . . .V-21 8. Noise and Vibration . . . . . . . .. . . . . .... . . . . . . . . . . . . . . . . . . .V-24 9. Air Quality .. . . . . . .. . . . . . . . . . . .V-26 10. Public Health and Safety . . . . . . . . . .. . . . . . . . . . . . . . . . . .V-36 11. Public Services and Utilities . . . . . . . . .. . . . . .. . . . . . . . .V-42 12. Visual Quality/Light and Glare. . . . . . . . . . . . . . . . . . . . . . .V-44 13. Cultural Resources.. . .. . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . .V-46 14. Energy Usage . . . . . . . .. . .V-41 C. Overall Analysis of�Study�Area . . . . .. . . .. . . . . . . . .. . . . . . . . . .. . .V-48 VI. STUDY AREA 3 VI-1 A. General Description. . .. . . . . . . . . . . . . . . . .. .VI-1 B. Environmental Setting, Impacts and. Measures. . . .. . ... . . ... . . . .. . . . . . . . . . .VI-1 1. Land Use, Location and Housing. . . . . . . . . . .. . . . . . . . . . . .VI-1 2. Geology and Seismicity. . . .. .. . . . .. . . . . . .. . . . . . . . . . . . .VI-5 3. Hydrology and Water Quality. . .. . . . . . .. . .. . . . . . . . . . . . .VI-10 4. Natural Resources ... . . . .... . . .. . . . . . . . . .. . . . . . .. . .VI-14 5. Plant and Animal Life .. .. . . . . . . . . . . . .. . . . . . . ...VI-16 6. Emergency Response . .. . . . . .... .. . . . .. . . . .... . . . .VI-18 7. Transportation/Circulation . . . . . . . .. . . .. . . . . . ... . . . . . .VI-21 8. Noise and Vibration . . . .... . . . . .. . .... . . . . . . . . . . . . . . .VI-25 9. Air Quality . ... ..... . . .. . ... . . . . . . . . . .. . . .VI-27 •rli 10. Public Health and Safety .. . . . . . . . . ... . . . . . ... .. . . . .VI-38 11. Public Services and Utilities.. . .. . . .. .. . ... . .. . . . . ..VI-43 12. Visual Quality/Light and Glare. . . .. .. . . .. . . . . . .. . . . . . .VI-45 13. Cultural Resources. .... . .... ... . . . ... . .. . . . . . . . . . . . . . . .VI-47 14. Energy Usage • • ... . .. .. .. . . ... . . . ..... .. . . . .. .VI-48 C. Overall Analysis ofStudyArea . ... . . ... . . . . . . . . . . . ... . . .VI-49 - iv 103-12.R9 2!2189 TABLE OF CONTENTS (continued) Pte_ VII. STUDY AREA 4 VII-1 A. General Description. .. . . . . . .. ... .. . . .. . . . . . . .. .VII-1 B. Environmental Setting, . and Mitigation Measures. . . . . .. .. .. . ... . .. . . .. . . . .. . . . .. . . .. . ..VII-1 1. Land Use, Location and Housing.... . .. . . . . .. . . . . .. .. .. . . .VII-1 2. Geology and Seismicity. .. .. .VII-6 3. Hydrology and Water Quality. . .... . . . . . .. . . . . . . . . . . . . . . . .VII-9 4. Natural Resources ..... . . . .... ... ... . . .. .. . . . . . . . . . ..VII-13 5. Plant and Animal Life ... . . . ...... . . . . . . .. . . . . . . . . .. . . . .VII-14 6. Emergency Response ... . ... . . . . . . . . . . . . . . . . . . . . . .VII-17 7. Transportation/Circulation . . ... ... .. .. .. .. . . . . . . . . . .VII-20 8. Noise and Vibration . . . . . . . . . . . .. . .... . . . . . . . . . . . . . . . . . .VII-25 9. Air Quality .VII-28 10. Public Health and Safety . .. .. . . ... . . . . . . . . . . . . . . . . . .VII-39 11. Public Services and Utilities . . . . ... .. .. . . . . . . . . . . . . . . .VII-45 19 12. Visual Quality/Light and Glare.. . . . . . . . .. .. . . . . . . . . . . . . .VII-46 13. Cultural Resources. .. .. . . .. .... . . . . . . . .. . . . . . . . .. . . . . .VII-49 14. Energy Usage . . .. . . . . . . .. .. . . . . . . . . . . . . . . . . . . . .VII-50 C. Overall Analysis ofStudyArea . . .. . . . . .. . .. . . . . . . . . . . . . . . . .VII-51 VIII. STUDY AREA 5 VIII-1 A. General Description. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .VIII-1 0 B. Environmental Setting, Impacts and Mit Measures. . . . . . . .. . . . . . . . . .. . . . . .. . .VIII-1 1. Land Use, Location and Housing. . . . . .. . . . . . .. . . . . . . . . . . . .VIII-1 2. Geology and Seismicity. . . . . . . . .. . . . . . . . . . . . . . . . . . .VIII-5 3. Hydrology and Water Quality. . .. . . .. .. . . . . . . . . . . . . . . . . . ..VIII-8 4. Natural Resources . . . . .... . . .. .. .. . . .... .. .. . ... . . . .. . .VIII-11 5. Plant and Animal Life .VIII-12 6. Emergency Response .. . .. . . .. . . .. . . . . . . . . . . . . .. . . . .VIII-15 7. Transportation/Circulation• • ... . . . . . . . . ... . .. .. . . . .. . . ..VIII-18 8. Noise and Vibration .VIII-24 9. Air Quality . . . .. ... . ....... . .... . . . ... ... . . . . . . ..VIII-26 10. Public Health and Safety . .. . ... . .. ... .. .. . .. .... ... .VIII-37 11. Public Services and Utilities . .... ..... . ..... .... . . . .. .VIII-43 12. Visual Quality/Light and Glare. . ... . . . . . .... . . . . .. .. . . ..VIII-44 13. Cultural Resources... ..... ...... .. . .. . ..... ... . . . .. .... .VIII-46 14. Energy Usage . . . .. . . . . . ... .VIII-47 C. Overall Analysis ofStudyArea ..... . . . . .... . . . . .. . . ... . .VIII-48 IX. STUDY AREA 6 IX-1 A. General tion....... . . ... ..... .. ..... .. ... . .. .. . .. . . . .IX-1 Description p B. Environmental Setting, Impacts and Mitigation Measures. . . . . .. .. . . . ... . .. .. ... . ... . .. . . . .. . . . . .. . . . . . . . . .IX-1 1. Land Use, Location and Housing. . . .. .. . . . . . . . . . . . . .. . . . . .IX-1 2. Geology and Seismicity. . .. . . ... . . ... . . . . . . . . . . . . . . . . .IX-7 3. Hydrology and Water Quality. . . . . . . . . . .. . . . . . . . . . . . . . . .. .IX-9 v 103-12.R9 2/2/89 0 Now TABLE OF CONTENTS (continued) Page 4. Natural Resources . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . .IX-12 5. Plant and Animal Life . ... .. .. . . .. . . .. . . . . . . . .. . . . . . . . . .IX-14 6. Emergency Response . . ... ... . . . . . . . . . . . . . . . . . . . . .IX-16 7. Transportation/Circulation . .. . . . . . .. . . . . . .. . . . . . . . .IX-19 8. Noise and Vibration . .... . .. . . . .. . . . . . . . . . . . . . . . . . . . .IX-24 9. Air Quality . .... . ... . ... . . . . . . . . . . . . . . . . . . . . . .IX-26 10. Public Health and Safety .... . . . . . . .. . . . . . . . . . . . . . .. . .IX-36 11. Public Services and Utilities ... . .. . .. .. . . . . . . . . . . . . . . .IX-42 12. Visual Quality/Light and Glare. . . .. . . ... . . . . . . . . . . . . . .IX-43 13. Cultural Resources.. .... . .. ... . . . . .. . . . . . . . . . . . . . . . . . .IX-45 14. Energy Usage . . .. .. . . . .. . . . . . . . . . . . . . . . .. . . . .IX-46 C. Overall Analysis ofStudyArea . . . . . . . . . . . . . . . . . . . . . . . . . . . . .IX-47 X. STUDY AREA 7 X-1 A. General Description. . . . . .. � . ... . . . .. . . . . . . . . . . .X-1 B. Environmental Setting, Impacts and Mitigation Measures. . . . . .. . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . .X-1 I. Land Use, Location and Housing. . . . . . . . . . . . . . . . . . . . . . . . .X-1 2. Geology and Seismicity. . . . . . . . . . . .. . . . . . . . . . . . . . . . . .X-3 3. Hydrology and Water Quality. . . . . . . .. . .. . . . . . . . . . . . . . . . . .X-6 4. Natural Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .X-9 5. Plant and Animal Life . .. .. . . . . .. . . . . . . . . . . . . . . . . . . . . .X-10 6. Emergency Response . . . . . . . . . .. .X-11 7. Transportation/Circulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .X-14 8. Noise and Vibration . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .X-19 9. Air Quality .. . . . . . . . .X-22 10. Public Health and Safety . . . . . . . .. .. . . . . . . . . . . . . . . . . .X-31 11. Public Services and Utilities . . .. . .. . . . . . . . . . . . . . . .. .X-36 12. Visual Quality/Light and Glare. . . . . . . . . . . . . . . .. . . . . . . .X-38 13. Cultural Resources. . . . .... . .. .. .. . . . . . . . . . . . . . . . . . . . . . .X-39 14. Energy Usage . . . . . . . . . . . .X-40 C. Overall Analysis ofStudyArea .... . . .. . . . . .. . . . . . . . . . . .. . . .X-41 XT. STUDY AREA 8 XI-1 A. General Description... . . .. . . .. .. .... . .... . .. . .... .. . . . . . ..XI-1 B. Environmental Setting, Impacts and Mitigation Measures.. . . . . . . . .. . . .. . .. . . . . . ... . . .. . . . . . . .. .XI-1 1. Land Use, Location and Housing. . . ... .. . . . . . . . . . . . . . . . .XI-1 2. Geology and Seismicity. . .... .. . . .. . . .. . . . . . . . . ... . . . .XI-4 3. Hydrology and Water Quality. ... . .. . . . .. . . . . . . . . . . . . . . . . .XI-8 4. Natural Resources . . ... . . .. .. .. . . . . . . . . . . .. . . . . . . . . . .XI-11 5. Plant and Animal Life ...... . . . . . . .. . . . .. . . . . . . .. . . . . . . .XI-11 6. Emergency Response . .. . . . .. ... . . ... . . .. . . . . . . . . . . .XI-13 7. Transportation/Circulation . . . . . . . . .. .. . . . . . . . . . . . . . . . . .XI-16 8. Noise and Vibration ... . . . ... . . .. . . . . . . . . . . . . . .... . . . . . .XI-21 9. Air Quality . .. .. . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . .XI-23 10. Public Health and Safety . . . .XI-34 11. Public Services and Utilities .. .. ... . . . . . . . . . . . . . . . . . .XI-39 vi 103-12.R9 2/2/89 TABLE Of CONTENTS (continued) Page 12. Visual Quality/Light and Glare. . . . . . . . . .. . . . . .XI-41 13. Cultural Resources. . ... . ....... .. . . . . . . . . . . . . . . . . . . . . . . .XI-43 14. Energy Usage . � . .. . . .. ... .XI-43 C. Overall Analysis ofStudyArea . . . ... . . ... . . . . ... . .. . . . . . . ..XI-44 XII. GOALS, OBJECTIVES AND POLICIES XII-1 XIII. SITING CRITERIA XIII-1 XIV. LONG-TERM IMPLICATIONS OF PLAN XIV-1 A. Short-Term Uses of the Environment vs. Long-Term Productivity. . . . .. . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . .XIV-1 B. Growth-Inducing Impacts. . .XIV-1 C. Cumulative Impacts... . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .XIV-1 XV. SIGNIFICANT UNAVOIDABLE IMPACTS XV-1 XVI. ALTERNATIVES XVI-1 Introduction. . � . . . . . ... . . .. .. . . . . . . . . . . . . . . . . . . .. . . . . . . . .XVI-1 Alternative 1 -No . . . . . . . .. . . . . Project. . . . . . . . . . . . . . . . . . . . . .XVI-1 Alternative 2 -Implementation of Waste Program. . . . . . . . . . . . . . . . . .XVI-4 Alternative 3- Development of a Storage and Transfer Facility. .. . . . . . . . . . . . . . . . . . . . .XVI-8 Alternative 4 - Environmentally Superior Alternative . . . . . . . . . . .XVI-11 Alternative 5 - Adoption of CHWMP With No Siting Aspect. . . ... . . . . . . . . . . . . . . . . . . . . . . .XVI-21 Alternative 6 - Provision forTransportable TreatmentUnits. ... . ... ..... ... . . ... . . . . . . . . . . . . . . . . . . . . . .. .XVI-23 XVII. REFERENCES AND PERSONS CONSULTED XVII-1 XVIII. ENVIRONMENTAL IMPACT REPORT AUTHORS XVIII-1 XIX. GLOSSARY XIX-1 XX. COMMENTS AND RESPONSES TO COMMENTS.. . . . .. . . . . . .. . . . . . .. . .. . . . . . .XX-I APPENDICES A. Notices of Preparation and Responses. . . . . . . . . ... . . . . . . . . . . .A-1 B. Siting Criteria. . . .. . .. ... .. . . . . . . . . . . . . . . . . . . . . . . . . . .B-1 C. Archaeological Records Search. . . . .. . . . . . . . . . .. . . . . . . . . . .. .0-1 D. Excerpts from Title 22 of the California ... . . ... . . . . . .. . . . � Administrative Code. . . . .. .. .. .. . . . .. . . . . . . . . . . .D-1 E. Traffic Generation ofTSD Facilities... . .. ... . .. . . ... . . . . . . .E-1 F. Noise Information. . .F-1 G. Table 0 of Framework�for�Planning. . . . . . . . . .. . . . . . . . . . . . . . . . .G-1 H. Sketches of TSD Facilities. . . . . . . .. .. . . . . . . . . . . . . . . . . .. . . . . .H-1 vii I03-I2.R9 2/2/89 TABLE OF CONTENTS (continued) Pte_ I. Hazardous Materials/Waste Incidents. . . . . . . . . . . . . . . . . . . . . . . . .I-1 J. Hazardous Waste Facility Basic Energy Uses. . . .. . .. . . . . . . . . . .J-1 K. Exposure Pathways for Chemical Releases From Types of TSD Facilities/Processes. . .. . . . . . . . . .. . . . . . . . .K-1 L. Summary of Emissions Associated with Proposed Facilities. . .. . . . . . . . . . ... . . . .. . . .. . . . . . . . . . . . . . . . .L-1 M. Capacity Levels for Major Access Roads. . . . . ... . . . . . . . . . . . . . .M-1 0I viii 103-12.R9 2/2/89 r� CHAPTER II SUMMARY A. PROJECT DESCRIPTION The "project" evaluated in this EIR consists of the Draft Fina] San Luis Obispo County Hazardous Waste Management Plan (CHWMP). While this EIR evaluates the entire CHWMP, it focuses on siting criteria, policies and eight general study areas within San Luis Obispo County that could potentially be used for the development of hazardous waste treatment, storage, or disposal (TSD) facilities. A full copy of the CHWMP can be obtained from the San Luis Obispo County Health Agency. The eight general siting areas are located throughout San Luis 9 9 9 9 Obispo County, as shown in Figure III.2. The general siting areas have no defined boundaries. For the purposes of analysis for this EIR, study area boundaries were selected by San Luis Obispo County staff for each of the eight general siting areas. The purpose of defining study area boundaries for each of the general siting areas was to provide guidance to the EIR consultants for focusing their analysis and to provide decision makers with information on specific areas analyzed in this EIR. Study Areas 1, 2, and 3 were evaluated as potential areas for storage/transfer facilities, treatment facilities, and residuals repositories (see Chapter III for detailed descriptions of facilities) . Study Areas 4 through 8 were evaluated as potential areas for only storage/transfer or treatment facilities, as defined in the Hazardous Waste Management Plan. The areas in closer proximity to urban centers (4 through 8) are expected to be the most probable locations for hazardous waste storage/transfer (collection) facilities. II-1 103-01°R8 2/2/89 0 0 r} B. SUMMARY OF IMPACTS AND MITIGATION MEASURES 1 1 Implementation of the San Luis Obispo CHWMP would have a number of beneficial impacts to human health and the environment as hazardous wastes are responsibly handled, treated, and disposed of. In particular, a number of hazardous waste reduction measures are recommended throughout the CHWMP which would result in numerous beneficial environmental impacts. Potentially adverse impacts associated with the plan are actually secondary and related to actual construction and operation of siting facilities if and when proposed. Potentially significant impacts and recommended mitigation measures for the eight general study areas are summarized in Table II.1. More detailed explanations of impacts and mitigation measures can be found in Chapters IV through XI of this EIR. The California Department of Health Services (DHS) siting criteria, which are included in Appendix B, would mitigate a number of identified impacts. Some of these criteria are summarized in Table II.1. In many instances, additional mitigations have been identified to supplement the siting criteria in order to minimize impacts. When specific TSD facilities are proposed, detailed environmental review would have to occur for the individual facility at that time. or Jr- The impacts listed in Table II.1 are those which were clearly identified as potentially significant as a result of the general analysis conducted to evaluate the environmental effects of adeptien implementation of the CHWMP. The additional environmental review needed to evaluate any specific facility that may be proposed in the potential TSD areas may very well identify additional significant impacts. low 0 II-2 103-0I.R8 2/2/89 TABLE II.1 SUMMARY OF SIGNIFICANT IMPACTS AND RECOMMENDED MITIGATION MEASURES Impacts Mitigation Measures LAND USE, LOCATIONS, AND HOUSING Potential land use conflicts would be The boundaries of Study Areas 4, 5, most significant for Study Areas 4, 5, and 6 should be altered to provide 6 and 8 where residential buffer zones from residential areas. neighborhoods are in proximity to the Risk assessments should be performed study areas. before any TSD facility is permitted. Buffering from residences is also needed for Study Area 8. Hazardous waste treatment, storage, Before any facility is constructed, and disposal (TSD) facilities would the General Plan and zoning not be an allowable land use under the designations should be changed to current General Plan and zoning allow development of TSD facilities designations for all eight study in the recommended areas. areas. The development of a TSD facility in At the time a TSD facility is any of the eight study areas could proposed, an analysis of property affect property values of adjacent value impacts should be completed land which would be potentially and appropriate mitigation measures significant for Study Areas 4, 5, 6, should be recommended. and 8, due to the proximity of residential development. Development of any TSD facility in The development of a TSD facility Study Areas 1 or 3 could have within Study Areas I or 3 should significant impacts related to the avoid areas under Williamson Act removal of agricultural lands. Contract. An analysis should be Development of Study Areas 4, 5, 6, 7 completed on other agricultural and 8 could affect'-nearby agricultural lands when a facility is proposed. lands. The size of Study Areas 1 and 3 could be reduced. II-3 103-01.R3 2/2/89 TABLE II.1 (Continued) Impacts Mitigation Measures The potential for loss or displacement The location of any TSD facility should be limited t o appropriate of existing housing is a possibility in all eight study areas, but most areas within each study area that significant for Study Areas 4, 5, 6, are distant from residences. Risk and 8 which include housing within assessments to determine potential and/or very near the study area risks to human health and safety boundaries. should be completed if a TSD facility is proposed near a residential neighborhood, as stated in the adopted DHS siting criteria. These should be completed as part of the environmental review when an individual facility is proposed. GEOLOGY AND SEISMICITY The potential for landslides exists in Potential landslide risk should be portions of Study Areas 1, 2, 3, and addressed and mitigation measures 8, which could pose significant recommended in a site-specific impacts toa TSD facility. Landslide geotechnical and soils engineering potential in these areas corresponds investigation at the time a TSD primarily to steepness of slopes. facility is proposed. Landslide risk can be reduced by appropriate site selection, feasibility planning studies, good engineering design, construction, and inspection. Potentially significant seismic Potential seismic and soil hazards hazards (ground shaking) could occur should be -addressed and mitigation Pk in all portions of the study areas due measures recommended in site- to faults in close proximity or specific geotechnical and soils traversing the study areas. Study engineering investigations at the Areas 1 and 2 would be most affected time a TSD facility is proposed. by groundshaking. Portions of all study areas could be significantly affected by expansive soils, soil creep, soil erosion, and instability related to grading of a site. Areas of steep slopes in Study Areas 1, 2, 3 and 8 present the greatest soil instability problems. II-4 103-01.R6 2/2/89 • TABLE II.1 (Continued) 0 Impacts Mitigation Measures HYDROLOGY AND WATERQ UALITY Grading and paving of a proposed TSD Impacts to alteration of drainage facility site may alter the site's can be minimized through appropriate natural drainage and result in site selection, including necessary increased runoff. The significance of feasibility planning and appropriate this impact would depend on the size engineering. At the time a TSD of the facility and the amount of facility is proposed, a site- impervious surface area. specific hydrology and water quality investigation, including runoff calculations, should be completed and mitigation measures recommended. Potentially significant surface or The recommended hydrology study groundwater contamination could result should include an investigation of from accidental release or spillage of aquifer recharge potential . hazardous wastes and contaminated Residuals repositories should be runoff. prohibited within areas known or suspected to be supplying recharge to a regional aquifer. All other facilities should be discouraged from locating in these areas. Portions of Study Areas 1, 2, 3, and 4 Residuals repositories should not be are located in 100-year flood zones. located in 100-year flood zones, even with protection. All other facilities could be constructed in 100-year flood zones if protected by engineered solutions such as berms and if located above flood levels. However, flood zones should be avoided, if possible. NATURAL RESOURCES Development of a TSD facility, Prime farmland soils (especially depending on its location in Study those under Williamson Act Contract) Areas 1, 3, 4, and 6, and possibly should be avoided in siting any TSD Study Areas 2, could extend into prime facility, as stated in the adopted farmland soils. siting criteria. PLANT AND ANIMAL LIFE The western portion of Study Area 5 'The western undeveloped portions of contains special habitat and a number Study Area 5 should not be of rare and endangered plant species. considered for a TSD facility. These species could be eliminated as a result of construction of a TSD facility. II-5 103-01.R6 2/2/89 • TABLE II.1 (Continued) Impacts Mitigation Measures EMERGENCY RESPONSE Sufficient emergency resources and Due to the isolated locations of Study funding sources should be in place Areas I, 2, and 3, development of any prior to the siting of any TSD TSD facility would exceed emergency facility in the County. response capabilities of responding authorities. There could also be Any TSD facility should be developed emergency response limitations for in close proximity to major highways Study Areas 4 through 8. and the nearest fire station to reduce response times for emergency .'' services. " Additional funding sources shouldbe sought at the state and federal levels to meet the costs of training hazardous materials specialists for response teams as mandated by federal requirements. All types of TSD facilities should supply the nearest local response agency with all equipment and training necessary to respond to an on-site emergency. Any TSD facility should have the necessary on-site emergency response capabilities such as containment and fire suppressant equipment and trained staff necessary to respond to any on-site emergency. Any TSD facility proposed for Study Areas I through 8 should require a thorough evaluation of on-site and local responding authority emergency response capabilities. TRANSPORTATION AND CIRCULATION Accessibility limitations, road Study Areas 1 and 2 should be conditions and distance to Study Areas limited to a residuals repository. 1 and 2 could increase the potential Road and access improvements should for hazardous waste spills. be completed before a TSD facility is allowed to operate. II-6 I03-01.R6 2/2/89 TABLE II.1 (Continued• Impacts Mitigation Measures Access to any TSD facility in Study Specific design features should be Area 3 would have limitations which used for the access point to Study would increase the potential for Area 3 to minimize the potential for accidents. accidents. Direct access to a major highway in Good signage should be required from Study Area 4 and 8 does not exist. U.S. Hwy. 101 on the preferred route Indirect routes are available in both between U.S. Hwy. 101 and Study study areas but could require that Areas 4 and 8. A designated access vehicles carrying hazardous wastes road to Study Areas 5 and 8 should pass by residential neighborhoods. be considered to minimize the effect All access roads into Study Area 5 on residential areas. The extension pass through residential areas. of Willow Road should be completed before a TSD facility is located within Study Area 5. '? The CHWMP states that facility access The facility should be located in roads should not pass by schools or the southwestern portion of Study other institutions. Roads that serve Area 6 so that trucks do not pass by Study Area 6 pass by two schools, as the schools or residential areas. well as a number of residences. NOISE AND VIBRATION Construction-related and operation- Prior to development of a TSD related noise could affect sensitive facility in all study areas, noise receptors in Study Areas 4, 5, 6 construction-related and operation- and 8. related noise should be evaluated as part of an environmental analysis. The reduction of acreage for a storage/transfer or treatment facility in Study Areas 4, 5 and 6 could avoid proximity to residential areas. Adequate buffer zones should be provided for Study Area 8. AIR QUALITY Traffic-related emissions would occur Vehicle miles should be minimized by as a result of the transportation of locating facilities near generators. hazardous waste to and from TSD Recommended waste reduction measures facilities. This is particularly true of the CHWMP should be implemented. for Study Areas 1 and Z because of Background monitoring for benzene is long travel distances between County recommended in Study Areas 4 and 6. generators and these areas. II-7 103-01.R6 2/2/89 TABLE II.1 (Continued) Impacts Mitigation Measures Toxic emissions could occur from An applicant for a TSD facility storage/transfer, treatment, and should comply with all applicable residuals repository facilities, rules and regulations of the U.S. especially in the case of an Environmental Protection Agency, San accidental release or spill . This Luis Obispo Air Pollution Control potential impact would be significant District (SLOAPCD), the California for all study areas, but especially Air Resources Board (CARB) and DHS. for Study Areas 3, 4, 5, 6, 7, and 8 This would include obtaining an due to the proximity of residences and Authority to Construct and a Permit other urban development. to Operate for the SLOAPCD. A health risk assessment to quantify health risks to exposed populations should be prepared. Treatment processes should be selected to ensure that air emissions are minimized. Emissions from hazardous waste incinerators should be controlled using best available control techno)ogy (BACT). Materials handling practices should be conducted to ensure that emissions are minimized. This would include enclosures for the handling of uncontainerized dry waste and vacuum piping systems with vapor recovery for liquid wastes. Fugitive air emissions should be reduced using a dust suppression programa Any facility should have on-site emergency response capability and emergency responders should be adequately equipped and trained. Recommended waste reduction measures of the CHWMP should be implemented. Study area boundaries could be altered to increase the distance from residential neighborhoods. II-8 103-01.R6 2/2/89 • TABLE II.l (Continued) 0 Impacts Mitigation Measures PUBLIC HEALTH AND SAFETY Negative health and safety impacts for A number of safety design features human population centers in San Luis and operating procedures are Obispo and surrounding counties could recommended to minimize potential occur in any of the study areas. public health and safety impacts. These are addressed in Chapters IV through XI. PUBLIC SERVICES AND UTILITIES The existing public services of sewer, DHS siting criteria include water, and drainage are inadequate for recommendations that sewer, water all eight study areas. Extending and drainage be self-sufficient for sewer or water lines into study areas residuals repositories and for some could have significant growth-inducing rural storage/transfer facilities. impacts. The costs for these services would have to be determined by further economic feasibility analysis at the time a TSD facility is proposed. VISUAL QUALITY/LIGHT AND GLARE Development of a TSD facility in any Visual impacts should be evaluated study area could result in an when a facility is proposed. industrial facility which could be Topography and vegetation should be visible from highways and/or nearby used as visual screening when residences. possible. Light and glare could be generated by The potential for light and glare a TSD facility in any of the study should be evaluated when individuals areas. This impact could be the most facilities are proposed. significant in Study Areas 4 and 6 Appropriate mitigation measures which are located near existing should be implemented at that time. airports. CULTURAL RESOURCES .The potential exists for A professional archaeological survey archaeological resources to be should be completed as part of the impacted and disturbed by the required environmental analysis, construction of a TSD facility in all especially for Study Areas 2 and 5. eight study areas. However, Study The County should require that all Areas 2 and 5 are considered the most construction work be stopped sensitive in terms of archaeological immediately and an archaeologist resources. consulted should any artifacts be encountered during construction of any TSD facility. II-9 103-01.R6 2/2/89 MEET AGE1 DATE��, iTEMi _ M E M O R A N D U M TO: City Council April 11 , 1989 VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director Atti SUBJECT: Tentative Parcel Map 24-88 LOCATION: 8005 San Gabriel Road APPLICANT: A.D. Kenney (Dan Stewart) REQUEST: To subdivide two existing lots of 9 .35 acres total into three parcels containing 2 . 50, 2 . 50, and 4 . 35 acres each. BACKGROUND: on March 21 , 1989, the Atascadero Planning Commission conducted a public hearing on the above-referenced subject. On a 3 : 2 : 2 vote (Commissioners Waage and Lochridge absent) , the Commission approved the land division request subject to the revised condi- tions of approval . There was public testimony and discussion on this matter as reflected in the attached minutes excerpt. RECOMMENDATION: Approval of Tentative Parcel Map 24-88 per the Planning Commis- sion' s recommendation. HE :ps cc: A.D. Kenney Dan Stewart Attachments : Staff Report - March 21 , 1989 Revised Conditions of Approval - March 21 , 1989 Minutes Excerpt - March 21 , 1989 CITY OF ATASCADERO Item: B-1 STAFF REPORT FOR: Planning Commission Meeting Date: March 21, 1989 BY:S)�)•Doug Davidson, Associate Planner File No: TPM 24-88 SUBJECT: A continued hearing from March 7, 1989 to consider a request to subdivide two existing lots of 9. 35 acres total into three parcels containing 2. 50, 2. 50, and 4. 35 acres each. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .A.D. Kenney 2. Representative. . . . . . . . . . . . . . .Daniel J. Stewart 3. Project Address. . . . . . . . . . . . 8005 San Gabriel Rd. 4. Legal Description. . . . . . . . . . . .Lots 22 and 23, Blk. 13 5. Site Area. . . . . . . . . . . . . . . . . . 9. 35 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban) 7. General Plan Designation. . . . .Suburban Single Family 8. Existing Use. . . . . . . . . . . . . . . . .Single family residence with accessory buildings 9. Environmental Status. . . . . . . . .Negative Declaration posted February 23, 1989. B. ANALYSIS: The applicant proposes to subdivide two existing lots containing a total of 9. 35 acres into three parcels of 2. 50, 2. 50, and 4. 35 acres each. Both existing lots have frontage on San Gabriel Rd. Under this proposal, Parcel 2 will encompass the existing residence and barns. The 4. 35 acre parcel to the rear (Parcel 1) will own twenty-five (25) feet accessway in fee, as required by the Subdivision Ordinance. To avoid additional encroachments on San Gabriel Rd. , proposed Parcel 3 will be limited to using this access as well. 1 The subject property is located in the RS (Residential Suburban) zone. Minimum lot size in this zone ranges between 2. 5 and 10 acres depending on the "score" of the various performance standards. For this site, the minimum lot size criteria are: Distance from Center (10, 000 - 12, 000) . . . . . . . . . . . . . . . 0. 30 Septic Suitability (20 - 39 min/inch) . . . . . . . . . . . . . . . . 0. 75 Average Slope (0% - 10%) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0. 50 Access Condition (City accepted road) . . . . . . . . . . . . . . . . 0. 40 General Neighborhood Character (1. 31 acres) . . . . . . . . . . 0.26 Minimum Lot Size. . . . . . . . . . . . . . . . . . . . . 2. 21 acres The proposed lot sizes of 2.50, 2. 50, and 4. 35 acres are larger than the minimum lot size required for this site. The minimum lot size allowed to be created in the RS zone under any circumstances is 2. 50 acres, even if the total of the five factors is less than that. As Exhibit C shows, there are many lots in this vicinity that are nonconforming in size under the current RS zoning criteria. There are many similar cases in the City, due to the lot sizes established for the original Atascadero Colony subdivision and the previous approvals granted by the County. Both of these factors are responsible for the small average lot size (general neighborhood character) of 1. 31 noted above, particulary the inclusion of the quarter acre lots on Marchant Way. The County approval dates of many of the neighboring subdivisions are shown on Exhibit C. In this case, the site' s location, natural terrain, soils, and access all indicate that this lot is appropriate for the proposed division. These same favorable site characteristics justify the flag lot configuration, for the subdivision is consistent with the neighborhood character and justified by topographical conditions. C. RECOMMENDATION: Staff recommends approval of Tentative Parcel Map 24-88 based on the Findings in Exhibit D and Conditions of Approval in Exhibit E. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Map Exhibit C - Assessor' s Parcel Map Exhibit D - Findings for Approval Exhibit E - Conditions of Approval 2 •' c,„ Exhibit A CITY OF ATASCADERO Location Map `s cwF.R) C0,14li11. LAITY DEVELOPMENT TPM 24-88 DEPARTMENT • fr L •� r , -IJ v � v lam\ U1) \ _ ✓ � /'.`- _..� ���. - :'/ -ate`- V -. �'r .i��£N, _ •"� �,•-+� �/� 1i SA - ' G \ate RSr X(�}i)' `\AL1 S_- c,aaa{e� qqa I - �f 7-1 S R S ` MAS .b a Oho- �ap►i d f - AS{t AVE -CA IT j� My asT / - Exhibit B '.j°---�••t' CITY OF ATASCADERO Parcel Map '� - TPM 24-88 � �^ COMMUNITY DEVELOPMENT DEPARTMENT d I +. JSJ:.o..-e~-•o7sa$ ! !. Te mnnve %1 , ♦ `„ ` PARCEL MAP A 8g-k72 � L �,. 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D.SN/EL J..SlL'WA¢7"d ASsa ,497 aw orrncery o.&a zzcas Plk-ROBLEs, CA 531-0G Exhibit C r ==kCi Assessor' s Parcel Map ALA5 CAD TPM 24-88 , IIS ZI _ 1I i'Z` 16 ROAD __ •1• ( t (3�>�' yah ( 1 A Z "1 �� I �13) AIIrk p s �� `Ihl�• ! (.. .�Ca• 97 �1 A;t.1 a OS P J' j� 1/+ � v b 1 //C /�`8� w sw•w ,a, 1918 �— y 74 nC. 0 h _y�— 15 ��n ••P 1112 `t4 A6. 1.it• 0� a AJ ) e nn tolAel q 4 25D 8 G:A.l�9 Q ^lea"35r lu.a2 t ,nl oz 1 yJ ' W 240 J la U 19 �. ,FR, In` 13 552"Oo' JS"E. P15�Fh �4G1 "AA u t 24IA- 19 A- 1/ N a 20 IIq I ° td 23 1 I 1 I t7 (\ 6 °r 22 �` 41.95AG t\ 1 2 t„ n 4.78 AG. ;I o �r (40) p Y ly .11 , (38) ? ! "R'cR ,•n (I /^ IK - hl � 1 ISI 1,... VIM SAN GABRIEL 24 "dCI NOTE—ASSESSOR'S BLOCK 8 EXHIBIT D - Findings for Approval Tentative Parcel Map 24-88 8005 San Gabriel Rd. Kenney/Stewart March 21, 1989 FINDINGS FOR APPROVAL 1. Creation of the proposed parcels conforms to the Zoning Ordinance and the General Plan land use designation, densities and other policies. 2. Creation of these parcels, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect, upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, 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 alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to the methods of handling and discharge of waste. 8. The flag lot (deep lot subdivision) is in conformance with Section 11-8. 209 of the Subdivision Ordinance. I • EXHIBIT E - Conditions of Approval Tentative Parcel Map 24-88 8005 San Gabriel Rd. Kenney/Stewart March 21, 1989 CONDITIONS OF APPROVAL: 1. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. All relocation and/or alteration of existing utilities shall be the responsibility of the developer at his sole expense. 2. Grading, drainage, and erosion control plans prepared by a registered civil engineer, shall be submitted for review and approval by the Community Development and Public Works Departments prior to issuance of building permits. 3. Private road improvement plans, prepared by a registered civil engineer, shall require approval prior to recording of the final map. These shall include the accessway of twenty-four feet wide with twenty feet of pavement, as required by the Subdivision Ordinance. The construction of the access to the rear parcel shall be completed prior to the recording of the final map. 4. A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed. A note to this effect shall be placed on the final map. 5. Public road improvement plans, prepared by a registered civil engineer, shall be submitted to and approved by the Community Development and Public Works Departments prior to recordation of the final map. Paveout on San Gabriel Rd. shall be sixteen (16) feet from centerline and include a five (5) foot concrete sidewalk along the entire frontage for pedestrians, or as approved by the Director of Public Works. 6. Construction of the public improvements shall be completed prior to recordation of the final map. 7. An encroachment permit shall be obtained from the Public Works Department for all work to be done within the public right-of-way prior to recording of the final map. This shall include construction of City standard drive approaches to the existing house, as well as at the conjunction of the new accessway and San Gabriel Rd. 8. If the sidewalk is not constructed per condition #5 above, the applicant shall deposit with the Director of Public Works a dollar amount of $1.75 per square foot of the five foot sidewalk to be utilized for the future development of the Routes to School plan (San Gabriel School) , prior to the recording of the final map. 9. The fire hydrant located at 8200 San Gabriel shall be upgraded to City standards prior to recordation of the final map. 10. Parcel 3 shall have access from the accessway serving (and owned) by Parcel 1 only. Relinquishment of access rights for Parcel 3 shall be delineated on the final map. Parcel 3 shall have access and utility easement rights over the accessway serving Parcel 1. These shall be designated on the final map. 11. The applicant shall make an offer of dedication to the City on San Gabriel Rd. of 25 feet from centerline to the right- of-way. The offers of dedication shall also include public utility easements. All offers of dedication shall be recorded prior to or simultaneous to the recordation of the final map. 12. A final map drawn in substantial conformance with the approved tentative map and compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. , Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. c. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 13. Approval of this tentative map shall expire two years . from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. • ! EXHIBIT E - Conditions of Approval Tentative Parcel Map 24-88 8005 San Gabriel Rd. Kenney/Stewart March 21, 1989 (Revised by the Planning Commission) CONDITIONS OF APPROVAL; 1. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. All relocation and/or alteration of existing utilities shall be the responsibility of the developer at his sole expense. 2. Grading, drainage, and erosion control plans prepared by a registered civil engineer, shall be submitted for review and approval by the Community Development and Public Works Departments prior to issuance of building permits. 3. Private road improvement plans, prepared by a registered civil engineer, shall require approval prior to recording of the final map. These shall include the accessway of twenty-four feet wide with twenty feet of pavement, as required b the Subdivision Ordinance. The construction of re q y the access to the rear parcel shall be completed prior to the recording of the final map. 4. A road maintenance agreement, in afor e acceptable eed to eto the City Attorney, shall be recorded with parcel at the time it is first conveyed. A note to this effect shall be placed on the final map. Public road improvement plans, prepared by a registered 5. Pu P e civil engineer, shall be submitted to and approved by th Community Development and Public Works Departments prior to recordation of the final map. Paveout on San Gabriel Rd. shall be sixteen (16) feet from centerline. 6. Construction of the public improvements shall be completed prior to recordation of the final map. 7. An encroachment permit shall be obtained from the Public Works Department for all work to be done within the public right-of-way prior to recording of the final map. This shall include construction of City standard drive approaches to the existing house, as well as at the conjunction of the new accessway and San Gabriel Rd. 0 • 8. The applicant shall deposit with the Director of Public Works a dollar amount of $1 .75 per square foot for the five foot walkway to be utilized for the future development of the Routes to School plan (San Gabriel School) , prior to the recording of the final map. 9. The fire hydrant located at 8200 San Gabriel shall be upgraded to City standards prior to recordation of the final map. 10. Parcel 3 shall have access from the accessway serving (and owned) by Parcel 1 only. Relinquishment of access rights for Parcel 3 shall be delineated on the final map. Parcel 3 shall have access and utility easement rights over the accessway serving Parcel 1. These shall be designated on the final map. 11. The applicant shall make an offer of dedication to the City on San Gabriel Rd. of 25 feet from centerline to the right- of-way. The offers of dedication shall also include public utility easements. All offers of dedication shall be recorded prior to or simultaneous to the recordation of the final map. 12. A final map drawn in substantial conformance with the approved tentative map and compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. c. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 13. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 0 • -2- MINUTES EXCERPT - PLANNING COMMISSION - 3/21/8 9 H. HEARINGS, APPEARANCES, AND REPORTS I. TENTATIVE PARCEL MAP 24-88 : Request initiated by A.D. Kenney (Daniel J. Stewart) to allow subdivision of two existing lots of 9 . 35 acres total into three parcels containing 2 . 50, 2 . 50, and 4 .35 acres each. Subject site is located at 8005 San Gabriel Road (continued from 3/7/89 meeting). Doug Davidson presented the staff report on the proposed three way lot division; staff is recommending approval subject to certain conditions . Mr. Davidson then responded to questions from the Commission. Dan Stewart, representing the applicant, stated the staff report was most restrictive with regard to the conditions . He objected to Conditions #1 (relocation of utilities ) , #3 , (private road improvement plans) , #4 (road maintenance agreement) , #5 (paveout requirements) , #6 (completion of public improvements) , #7 (Construction of City standard drive approaches) , #8 ( five foot sidewalk) , #10 (access requirements) , #11 (offer of dedication). He felt there are many inconsistencies with the road improvement requirements. In response to Mr. Stewart's concerns , Paul Sensibaugh addressed the intent behind these requirements . Mr. Stewart stated that there are two utility poles fronting the property and if the street is to be widened, those poles will have to come out or be relocated. It will cost between $20, 000 to 30,000 to comply with the conditions . Discussion followed concerning procedures involved if an applicant must relocate utilities . Commissioner Lopez-Balbontin inquired if the school district participates in any public contributions when building a new school . Mr. Sensibaugh responded that the school district did widen a portion of San Gabriel Road by the new school but no development fees , etc. are required from the school district. In response to question from Commissioner Lopez-Balbontin, Mr. Sensibaugh explained public contributions made by the school district with regard to San Gabriel Road but, typically, the district does not pay any development fees for control of traffic, roadway bridges, etc . Commissioner Luna asked if there are any problems with emergency vehicles being able to locate flag lots . Mr. Davidson replied that under the Subdivision Ordinance, a minimum 24 wide access with 20 feet of pavement which is the -3- t� i MINUTES EXCERPT - PLANNING COMMISSION - 3/21/89 that there have been problems as there are many houses and businesses that do not have address numbers but these preceed the current building code requirement. The Subdi- vision ordinance does contain the condition requiring reflectorized house numbers at the street (right side of the driveway) . Discussion ensued concerning condition #5 specifically requiring a "concrete" sidewalk; what type of walkway would be most appropriate for this area in conjunction with the Route-to-School plan, etc. Discussion also centered around suggested modifications to conditions #5 and #8; the .feasibility of assessment districts with regard to sidewalks. MOTION: Made by Commissioner Tobey, seconded by Commis- sioner Lopez-Balbontin to approve Tentative Parcel Map 24-88 subject to the findings and conditions contained in the staff report with modification to the following: #5 . Delete. . . .and include a five (5) foot concrete sidewalk along the entire frontage for pedestrians or as approved by the Director o Public Works. #8. The applicant shall deposit with the Director of Public works a dollar amount of $1 . 75 per square foot for the five foot walkway to be utilized for the future development of the routes to School plan (San Gabriel School ) , prior to the recording of the final map. " Commissioner Luna stated he could not make finding #8 concerning flag lot standards and read some statements from the Subdivision Ordinance and the Minutes from the 9/29/88 joint Commission/Council meeting. Based on these concerns, he could not vote for the project. Discussion followed relative to the continuation of establishing flag lots and the undesireability of flag lots in general . The motion carried 3 : 2 with the following roll call vote: AYES: Comissioners Tobey, Lopez-Balbontin, and Vice Chairperson Highland NOES: Commissioners Brasher and Luna It was noted that Items B-2 - and B-3 would be considered simultaneously. M16FT NDA AGE 9AMEMO ..��....'L. M E M O R A N D U M TO: City Council April 11 , 1989 VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director A-WA SUBJECT: Tentative Tract Map 1-89 LOCATION: 8625 Atascadero Avenue APPLICANT: Clark Iverson (Central Coast Engineering) REQUEST: To subdivide 13 . 9 acres into twenty-one (21 ) parcels of approximately 1/2 acre each. The request includes establishment of two new City standard roads to serve the subdivision: Via Tortuga and Calle Refugio. BACKGROUND: On March 21 , 1989, the Atascadero Planning Commission conducted a public hearing on the above referenced subject. On a 5 : 0 vote (Commissioners Waage and Lochridge absent) , the Commission approved the tract map request subject to the revised conditions of approval . There was considerable public testimony and discus- sion on this item as reflected in the attached minutes excerpt. The major changes to the project made in the course of Planning Commission review was to reduce the number of lots from 22 to 21 (to protect heritage trees on Lot #8) and to delete sidewalks in favor of a cash contribution to the routes-to-school plan. RECOMMENDATION: Approval of Tentative Tract Map 1-89 per the Planning Commission' s recommendation. HE :ps cc : Clark Iverson Central Coast Engineering Attachments : Staff Report - March 21 , 1989 Revised Conditions of Approval - March 21 , 1989 Minutes Excerpt - March 21 , 1989 • • CITY OF ATASCADERO Item: B-3 STAFF REPORT FOR: Planning Commission Meeting Date: March 21, 1989 BY:�9 Doug Davidson, Associate Planner File No: TTM 01-89 SUBJECT: To consider a request to subdivide a portion of two existing lots (13. 9 acres total) into twenty-two (22) parcels of approximately one-half acre each. The request includes the establishment of two new City standard roads to serve the subdivision; Via Tortuga and Calle Refugio. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Clark Iverson 2. Representative. . . . . . . . . . . . . . .Central Coast Engineering 3. Project Address. . . . . . . . . . . . . . 8625 Atascadero Ave. 4. Legal Description. . . . . . . . . . . .Lots 27 and 28, Blk. 7 5. Site Area. . . . . . . . . . . . . . . . . . . . 13. 9 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-X (Residential Single Family, minimum lot size one-half acre) 7. General Plan Designation. . . . .High Density Single Family 8. Existing Use. . . . . . . . . . . . . . . . .Single family residential 9. Environmental Status. . . . . . . . .Negative Declaration posted March 9, 1989. B. ANALYSIS: The applicant proposes to subdivide a portion of two existing lots containing a total of 13. 9 acres into twenty-two parcels of approximately one-half acre each. The proposed subdivision will be served by two new streets; Via Tortuga, a connecting street between Atascadero Ave. and Coromar Rd. and Calle Refugio, a cul- 1 0 de-sac serving the southerly lots of the project. The street names of Via Tortuga (Turtle or Tortoise Way) and Calle Refugio (Shelter or Refuge Lane) pose no problems to the public safety agencies or the utility companies. In addition, this street pattern results in a desirable circulation connection between Atascadero Ave. and Coromar Rd. The utility providers have also responded that all the necessary utilities, including water, sewer, gas, electricity, telephone, and cable are available to the site. Zoning and Subdivision Ordinance Requirements The RSF-X zoning designation sets a minimum lot size of one-half acre. In this proposal, the lots range from 0.50 to 0. 67 acres, with most of the lots being exactly one-half acre in size. All lot sizes shown on the map (Exhibit B) are net acreage, not including any street right-of-way in the calculation. With the exception of the depth-width ratio, the proposed lots meet the requirements of the Subdivision Ordinance, including the proper lot dimensions, lot lines, corner radii (minimum 20 feet) , street design, and access restrictions. Lots #15, 16, and 17 are in excess of the depth to width ratio of three, however, there is adequare assurance that deep lot subdivision will not occur. The project is designed as a one-half acre subdivision and no further land divisions could occur under this zoning designation. General Plan Language In addition to conformance with the specifics of the Zoning Ordinance and Subdivision Ordinance, the proposal is consistent with the policies of the General Plan. Page 57 of the General Plan contains the City' s policies for residential development. Policy #10 states that, "Lot splits shall be thoroughly evaluated and be in accordance with community plans and principles. " It goes on to say that, "Strict adherence to the lot sizes of the Plan is essential in order to retain the desired character of the community. " This proposal meets the minimum lot size criteria and the resultant lot sizes are compatible with the surrounding neighborhood (see Exhibit A) . Policy #11 reads that, "Attention shall be paid to the aesthetic result of land division. Building sites shall be encouraged on natural slopes, with minimal disruption of native vegetation and watersheds, and efficient layout of access and utilities. Staff believes that this policy is carried out in this subdivision for the site is gently sloping, no tree removal is proposed, minimum grading is necessary, and the proposed access and utilities provide an orderly pattern of development. 2 C. RECOMMENDATION: Staff recommends approval of Tentative Tract Map 01-89 based on the Findings in Exhibit E and Conditions of Approval in Exhibit F. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Tract Map Exhibit C - Preliminary Grading/Road Improvemeht Plans Exhibit D - Supplemental Development Statement Exhibit E - Findings for Approval Exhibit F - Conditions of Approval 3 • 1 I • I � w r :ems'� ® ��1►, 1' ��. � �. i• ��. �� ISA, ��I �- � f - Exhibit B 'f�----�• '._ CITY OF ATASCADERO Tract Map �- "c�n'�= TTM 01-89 c.aF COUNIT`f DEVEL0P.'vIENT DEPARTMENT e•- $;• ° � ter./ �—;� lki ir q Via` s e e a w ��•.l _. yqp E ; '1 8 bg® a Sig m u �. . • Exhibit C ` CITY OF ATSCDERO Preliminary Grading and Road Improvements C0,1v1�L1UNITY DEVELOPMENT TTM 01-89 DEPARTMENT . L 0 OCD ;i: ••je i i� �per,^—r+� . oil Z 11 ! •i tt i� irk m .•�:.sem L +I L. t t iIi0 ht til ..t c t E f ; u, •; mz : m z n � i St in Q �` i1ti21-� :t a Exhibit D Development Statement TTA'! 01-89 CENTRAL COAST ENGINEERING 3% Buckley Road San Luis Obispo December 25 1988 California 93401 s E557 City of Atascadero Planning Department P.O. Box 747 Atascadero, CA 93423 SUBJECT: TENTATIVE MAP APPLICATION TRACT 1671. At the request of Mr. Clark Iverson we are submitting the application for Tentative Map 1671. Tne following are enclosed: 1. Application Form 2. Fee $485.00 3. 15 Copies of Proposed Tentative Map 4. 15 Copies of Proposed Grading Plan 5. Environmental Form 6. Preliminary Title Report 7. Assessor Maps and Addresses of Adjacent Owner within 300 feet. 8. Labels of Addressess of Adjacent Owners within 300 feet. 9. 8 1/2 x 11 Reduction The proposed tentative map is to be processed in conjunction with ATAL 88-299. The tract was approved in its present form by the County in 1979 but the owner , of his own choice did not proceed. The tract complies with existing Zoning. No trees are disturbed and no lot grading is proposed. The site has access to sewer, water, gas, power. The proposed street will provide a needed cross tie between Atascadero Road and Coroman Street . The property has been owned by the same family for 57 years. Sincerely, Ben L. Maddalena City Atascadero/D23 Telephone(805) 544-3278 EXHIBIT E - Findings for Approval Tentative Tract Map 01-89 8625 Atascadero Rd. Iverson/Central Coast Engineering March 21, 1989 FINDINGS FOR APPROVAL 1. Creation of the proposed parcels conforms to the Zoning Ordinance and the General Plan land use designation, densities and other policies. 2. Creation of these parcels, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, 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 alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to the methods of handling and discharge of waste. • i EXHIBIT F - Conditions of Approval Tentative Tract Map 01-89 8625 Atascadero Ave. Iverson/Central Coast Engineering March 21, 1989 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Co. Water lines shall be extended to the frontage of each parcel or its public utility easement prior to the recording of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. All relocation and/or alteration of existing utilities shall be the responsibility of the developer at his sole expense. 3. Grading, drainage, and erosion control plans for each proposed lot, prepared by a registered civil engineer, shall be submitted for review and approval by the Community Development and Public Works . Departments prior to recording of the final map. Drainage facilities shall be constructed to City of Atascadero standards and completed prior to recording of the final map. 4. Road improvement plans, prepared by a registered civil engineer, shall be submitted to and approved by the Community Development and Public Works Departments prior to recordation of the final map. Plans shall include, but not be limited to the following: a. Paveout on Atascadero Ave. to twenty (20) feet from centerline, including a design for a five (5) foot sidewalk along the property frontage. Prior to recording the final map, a contribution of $1. 75 per square foot of sidewalk along the Atascadero Ave. frontage shall be made to the Routes to School fund. b. The new roads (Via Tortuga and Calle Refugio) shall be a minimum paved section of 20 feet, with curb, gutter, and sidewalk on both sides of all new streets. The new roads shall be constructed to City standards and shall be accepted into the City maintained mileage after the required one year maintenance period, as determined by the City Engineer. • • 5. Construction of the public improvements shall be completed prior to recordation of the final map. 6. Public improvement plans shall be reviewed and approved by the Fire Department prior to recording the final map. 7. Sewer improvement plans shall require approval from the Public Works Department prior to recording of the final map. All newly created lots shall be connected to public sewer. All annexation fees shall be paid for the newly formed lots prior to recording the map. Any sewer extensions for annexations must be completed within one year after annexation. 8. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, guardrails, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the Public Works Department sign standards and the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modifications after construction. 9. An encroachment permit shall be obtained from the Public Works Department for all work to be done within the public right-of-way prior to recording of the final map. Applicant shall sign an inspection and curb/gutter agreement, guaranteeing that the work shall be done and inspections paid for prior to the start of public works construction. The construction of these improvements, as directed by the encroachment permit, shall be completed prior to recording the final map. 10. Prior to recording of the final map, a soils investigation shall be submitted, recommending corrective measures to prevent structural damage to each structure where soil problems exist. The date of the report, name of the engineer, and the location where the reports are on file shall be noted on the map. 11. Parcels 1 and 22 shall have no direct access to Atascadero Ave, while Parcels 10 and 11 shall have no direct access to Coromar Rd. Access to all lots of the tract shall be from the new public roads. Relinquishment of access rights shall be shown on the final map. 12. The applicant shall make an offer of dedication to the City for Via Tortuga and Calle Refugio (50foot right-of-way) . The offers of dedication shall also include public utility easements. All offers of dedication shall be recorded prior to or simultaneous to the recordation of the final map. • i 13. A final map drawn in substantial conformance with the approved tentative map and compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. c. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 14. The Lot Line Adjustment (ATAL 88-299) shall be recorded prior to or simultaneous with the recording of the final map. 15. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. • i EXHIBIT F - Conditions of Approval Tentative Tract Map 01-89 8625 Atascadero Ave. Iverson/Central Coast Engineering March 21, 1989 (Revised by the Planning Commission) CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Co. Water lines shall be extended to the frontage of each parcel or its public utility easement prior to the recording of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. All relocation and/or alteration of existing utilities shall be the responsibility of the developer at his sole expense. 3. Grading, drainage, and erosion control plans for each proposed lot, prepared by a registered civil engineer, shall be submitted for review and approval by the Community Development and Public Works Departments prior to recording of the final map. Drainage facilities shall be constructed to City of Atascadero standards and completed prior to recording of the final map. 4. Road improvement plans, prepared by a registered civil engineer, shall be submitted to and approved by the Community Development and Public Works Departments prior to recordation of the final map. Plans shall include, but not be limited to the following: a. Paveout on Atascadero Ave. to twenty (20) feet from centerline, including a design for a five (5) foot walkway along the property frontage. Prior to recording the final map, a contribution of $1. 75 per square foot of walkway along the frontage of Atascadero Ave. and Coromar Rd. and the linear frontage of Via Tortuga, shall be made to the Routes to School fund. b. The new roads (Via Tortuga and Calle Refugio) shall be a minimum paved section of 20 feet, with curb and/or gutter, as determined by the City Engineer. The new roads shall be constructed to City standards and shall be accepted into the City maintained mileage after the required one year maintenance period, as determined by the City Engineer. 5. Construction of the public improvements shall be completed prior to recordation of the final map. 6. Public improvement plans shall be reviewed and approved by the Fire Department prior to recording the final map. 7. Sewer improvement plans shall require approval from the Public Works Department prior to recording of the final map. All newly created lots shall be connected to public sewer. All annexation fees shall be paid for the newly formed lots prior to recording the map. Any sewer extensions for annexations must be completed within one year after annexation. 8. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, guardrails, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the Public Works Department sign standards and the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modifications after construction. 9. An encroachment permit shall be obtained from the Public Works Department for all work to be done within the public right-of-way prior to recording of the final map. Applicant shall sign an inspection and curb/gutter agreement, guaranteeing that the work shall be done and inspections paid for prior to the start of public works construction. The construction of these improvements, as directed by the encroachment permit, shall be completed prior to recording the final map. 10. Prior to recording of the final map, a soils investigation shall be submitted, recommending corrective measures to prevent structural damage to each structure where soil problems exist. The date of the report, name of the engineer, and the location where the reports are on file shall be noted on the map. 11. Parcels 1 and 22 shall have no direct access to Atascadero Ave, while Parcels 10 and 11 shall have no direct access to Coromar Rd. Access to all lots of the tract shall be from the new public roads. Relinquishment of access rights shall be shown on the final map. 12. The applicant shall make an offer of dedication to the City for Via Tortuga and Calle Refugio (50foot right-of-way) . The offers of dedication shall also include public utility 0 • easements. All offers of dedication shall be recorded prior to or simultaneous to the recordation of the final map. 13. A final map drawn in substantial conformance with the approved tentative map and compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. c. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 14. The Lot Line Adjustment (ATAL 88-299) shall be recorded prior to or simultaneous with the recording of the final map. 15. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 16. Lots #6, 7, 8, and 9 shall be combined into three lots to preserve the two heritage oak trees on lot #8 and the one heritage oak on lot #6. -4- M MINUTES EXCERPT - PLANNING COMMISSION - 3/21/89 2. LOT LINE ADJUSTMENT 2-89 : Request initiated by Alice Johnson (Central Coast Engineering) to record a lot line adjustment of two existing lots of record. Subject site is located at 8625/8785 Atascadero Avenue. 3. TENTATIVE TRACT MAP 1-89 : Request initiated by Clark Iverson (Central Coast Engineering) to allow subdivision of a portion of two existing lots ( 13 . 9 acres total) into 22 parcels of approximately one-half acre each. The request includes the establishment of two new City standard roads to serve the subdivision: via Tortuga and Calle Refugio. Subject site is located at 8625 Atascadero Avenue . Mr. Davidson presented the staff report on this tract map request; staff recommendation is for approval subject to 15 conditions . Commissioner Luna inquired whether proposed parcel 8 had an adequate building site in view of the two heritage trees on that parcel . . Ben Maddalena with Central Coast Engineering, representing the applicant, stated he was in agreement with the lot line adjustment and tract map with the exception of condition #4- b. It is the applicant' s desire to install an asphalt berm rather than a concrete walk. He added that an arborist' s report will be provided with a preliminary house design for parcel 8 that shows that the site is buildable. Commissioner Luna asked if Mr. Maddalena would be willing to redraw the lot lines for Lots 6 , 7 , 8, and 9 to make three lots in order to preserve the trees on lot 8 and 6 . Mr. Maddalena guaranteed that the trees will stay and felt that through an arborist report, they can prove that the trees will not need to be removed. Discussion followed. Mr. Sensibaugh addressed condition #4 in relation to reasons for requiring sidewalks for the new proposed streets in relation to the "route-to-school" plan. Mr. Engen added that although the "route-to-school" plan has not been technically adopted, an account has been established to require contributions towards this plan for certain subdivisions , lot splits, etc. With regard to keeping with the "spirit" of the General Plan, it may be appropriate to forego the concrete walk in this instance. Commissioner Brasher asked if the language for condition 4-b could be made more flexibile, contingent upon a study of what would be most practical in this particular location. Mr. Sensibaugh suggested some alternative language. -5- 9 0 MINUTES EXCERPT - PLANNING COMMISSION - 3/21/89 0 Mr. Maddalena responded to questions from the Commission relative to downstream drainage improvements, etc . Bill Greenfield, Montura Lane resident for 10 1/2 years , expressed concern that the subdivision would further impact Coromar with respect to traffic . He would like to see Coromar widened before any approval of the project and spoke on the drainage problems in this area. Bob Gerfen, Montura Lane resident, thanked the Commission for their concerns with the trees on the lots , and stated his main concern is with the traffic on Coromar. James Watson stated he owns property directly across the street from the subdivision (8400-8600 Atascadero Ave. ) and commented that it appears that nine of the lots drain onto Atascadero Avenue. He asked if the City has addressed the natural drainage on the east side of Atascadero Avenue as it has been pretty heavy in the past. He read a letter asking that his property be considered for rezoning from one-acre to one-half acre as his property is located right in the middle of one-half acre zoning. Doris Rusti, 8753 Atascadero Avenue, added some comments concerning the drainage problem and asked for clarification on how the lot line adjustment and tract map tie together. Terry Webb, Montura Lane resident, stated his daughter walks down coromar to get to Santa Rosa School which is a dangerous road (no sidewalks, etc. ) . He expressed concern that the increase in density will impact the traffic on Coromar. Mike Prainer, 8690 Atascadero Avenue, noted there is a Montessori School directly across the street which contributes to increased traffic on school days . There needs to be some type of regulations of the driveways from the subdivision onto Atascadero Avenue. Barbara Schoenike proposed that the lot lines be readjusted so Lot 8 would have one oak tree rather than two. She addressed the importance of making a concerted effort to protect trees in an effort to avoid any future risk to them by development or removal . Mr. Maddalena felt that a house can be sited between the two trees and added the Iverson family has owned this property for 57 years and he can assure everyone that the trees will be protected. Steve LaSalle voiced support for readjusting the lot lines as he did not think there was adequate space between the two trees to provide a building site and to build within the dripline. -6- • MINUTES EXCERPT - PLANNING COMMISSION - 3/21/89 End of public testimony. Vice Chairperson Highland called a recess at 9 :38 p.m. ; meeting reconvened at 9 : 48 p.m. Commissioner Tobey did not see an adequate building site for Lot 8 and suggested that the four previously discussed lots be redivided into three lots or make lot 8 a open space area. Commissioner Luna agreed that a scenic easement on lot 8 would be appropriate. MOTION: Made by Commissioner Luna to add condition #16 to make Lot 8 a scenic easement. Mr. Engen stated that this lot is not shown as a public recreation site in the General Plan; also there is not a mechanism for maintaining a property of that size without a specific purpose in mind. He explained the differences - between a scenic easement and a neighborhood park space. Commissioner Luna withdrew his motion. MOTION: Made by Commissioner Luna to approve Tentative Tract Map 1-89 subject to the findings and conditions contained in the staff report with the following modifications : 4a. Paveout on Atascadero Avenue to twenty (20) feet from centerline, including a design for a five (5) foot walkway along the property frontage. Prior to recording the final map, a contribution of $1 . 75 per square foot of walkway along the linear frontage of Atascadero Avenue, Coromar Road, and Via Tortuga, shall be made to the Routes to School fund. b. The new roads (Via Tortuga and Calle Refugio) shall be a minimum paved section of 20 feet, with curb and/or gutter, as determined by the City Engineer. The new roads shall be constructed to City standards and shall be accepted into the City maintained mileage after the required one year maintenance period, as determined by the City Engineer. 16 . Lots #6 , 7, 8, and 9 shall be combined into three lots to preserve the two heritage oak trees on lot #8 and the one heritage oak on lot #6. Discussion ensued concerning assurances that drainage problems will be resolved through fees assessed in the 0 0 MINUTES EXCERPT - PLANNING COMMISSION - 3/21/89 Amapoa-Tecorida drainage area, circulation studies , traffic and speed issues, stop signs along Coromar Road, Atascadero Avenue, etc. Upon conclusion of discussion, the motion carried 5 :0. APPEAL OF STAFF DETERMINATION: Appeal initiated by Howard Jenning/na of Creative Alternative for Learning Inc. of staff' s determination that their pgram is a social and service organization" school" a thereby not a permitted use inamily di riot. Henry Enge presented the staff reportreasons for determi 'ng this proposed program be a "social and service organization" . He then respo ed to questions from the Commission. Howard Jennings, ppellant, explai ed the intent of the program and the clientele it sery s and noted that this program is an "inte e" school . There is a great need in the north county for his type f service; the alternative to this program would a plat ' g people in the state hospital at a cost of $ 9,00 per person. Kevin Bennefield, program irector for C.A.L.L. , spoke on behalf of the appeal. He n ted that the State feels this program is a school_; cr ent led special education teachers who are licensed throu the ate are employed (as with the school districts) and ran port tion will be provided for the students . Mr. B nefield fu ther stated that two years ago a needs assessor t was taken; ' t was revealed that there is a need for this type of service n this area. He added that this program is tied to a grant which expires in June, 1989 . Vice Chairman ighland reminded the appe lant that the question for he Commission' s determinati is not the merit of the prog am but whether, according to t Zoning Ordinance, this is a school or social and se vice organizat on. He then asked Mr. Bennefield q estions relativ to licensing, funding, certification personnel, etc. Mr. ennefield stated that the primary purpose of is pro ram is "habilitative services" (students who ha not re ched a level to do basic things on a daily basis ) . He t en discussed the program' s outline on what is taught to he students. • MEET1 AGENDA _ REMI M E M O R A N D U M TO: City Council April 11 , 1989 VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director -NC SUBJECT: TREE ORDINANCE REVISION: REFERRAL TO PLANNING COMMISSION BACKGROUND: At the March 28, 1989 Council meeting, the Council continued to April 11th the matter of scheduling comprehensive revisions to Ordinance No. 168 for public hearing. The question has been raised as to whether the ordinance needs to go back to the Planning Commission before being scheduled by the City Council for public hearing. ANALYSIS : The Planning Commission held a public hearing on the Tree Committee' s proposed rewrite of the ordinance and subsequently held a joint meeting between the Planning Commission and Council for direction prior to referring it to the City Council ' s tree subcommittee for final draft. In reviewing the tree subcommittee' s final draft, it would appear that there are two items that were not considered during the course of discussion by / the Planning Commission and City Council, i . e. , ( 1) restitution, and ( 2) exemption of single family uses from the conformance security subsection. Section 65857 of the Government Code provides that "any modification of a proposed ordinance or amendment by the legislative body not previously considered by the Planning Commission during its hearing, shall first be referred to the Planning Commission for report and recommendation, . . . . . " The section goes on to indicate that the Planning Commission need not hold a public hearing on such referrals . RECOMMENDATION: That the City Council refer the restitution language and single family performance guarantee exemption language to the Planning Commission for a report back within 40 days and then set a date of public hearing for the Council ' s subcommittee' s draft ordinance. HE :ps Enclosure: March 28 , 1989 Tree Ordinance Agenda Material PLEASE NOTE THIS WRIAL IS MEETIN J AGENDA / NOT FOR PUBLIC DI SION AT • DAT 20 /P ITEMN .49 THIS TIME, PENDING COUNCIL SETTING A FORMAL PUBLIC HEAR- ING FOR SUCH. MEMORANDUM City of Atascadero March 6, 1989 TO Henry Engen, Community Development Director FROM: Jeffrey G. Jorgensen, City Attorney SUBJECT: Tree Ordinance Revision This memorandum is to follow up on the March 3 , 1989 meeting of the Tree Subcommittee concerning the revisions to the tree ordinance. Attached for your information and use is a final draft of the proposed tree ordinance revision reflecting the comments of the committee. I would appreciate it if you would coordinate further action on this matter. It is my understanding that we will target the March 28, 1989 Council meeting for a presentation of the draft. This will be done by Councilman Shiers and Councilman Dexter as an information item to hopefully get final conceptual approval and/or further direction from the Council as a whole to bring back an ordinance for first reading. Tasks that remain to be done appear to be: , 1. The Council needs to give formal direction concerning who the City Arborist/Urban Forester will be, what department he will operate in, and funding mechanisms for consultation. 2 . If the Council accepts the recommendation concerning performance security, then a resolution establishing tree value will need to be presented. 3 . The amount equal to the cost of purchasing and planting replacement trees also needs to be established by resolution. 4 . The question of whether to include an optional provision for restitution in the event of violation needs to be addressed by the Council. 5. The question of whether appeals should be placed on the Council 's consent agenda, and in what capacity, needs to be resolved. 0 0 MEMO: Henry Engen SUBJ: Tree Ordinance Revision March 6, 1989 —Page 2 If you have further questions or comments, or if I may be of further assistance in any way in this matter, please feel free to contact me at your convenience. Sincerely, RE*/ JNSEN Ci�y At Dorney JGJ: fr A:MMATA100 Attachment cc: City Manager Councilman Shiers Councilman Dexter DRAFT THIRD DRAFT March 28, 1989 PROPOSED REVISION OF TREE ORDINANCE NO. 168 "TREE ORDINANCE" 9-4. 155. Tree Protection. Preservation of natural flora and fauna is a basic community goal of the Atascadero General Plan. (a) Purpose. The trees of Atascadero are valued community assets. The purpose of this section is to establish regulations for the installation, maintenance, preservation, and selected removal of oak trees, heritage trees, and other mature trees within the City. In establishing these procedures and standards, it is the City's intent to encourage the preservation of trees and other natural amenities with sensitive design and development practices. City review of proposed projects shall take into consideration trees existing on the property with applicants encouraged to design projects to utilize existing trees in the landscaping pattern. The provisions of this section shall apply to all property within 0 the City of Atascadero, public or private, and to any person, firm, corporation, and public or private utility. (b) Definitions: (1) Dripline: A line on the ground established by drawing an imaginary line extending downward from the ends of the outermost branches of a tree. (2) Hazardous: Presenting an immediate danger to people or real property. (3) Heritage Tree: Any tree designated by resolution of the City Council on the basis of age, size, location, visibility, historic origin, or special value to the property owner, which the Council finds is deserving special consideration and protection. (4) Oak Sapling: Any species of the genus QUERCUS, having a trunk three (3) inches or more in circumference at ground level. (5) Oak Tree: Any species of the genus QUERCUS, having a trunk twelve (12) inches or more in circumference measured four and one-half (4-1/2) feet above grade, including 0 1 ibut not limited to, Blue Oak (QUERCUS DOUGLASII) , Live Oak (QUERCUS AGRIFOLIA) , and Valley Oak (QUERCUS LOBATA) . (6) Other Mature Tree: Any species other than the genus QUERCUS, having a trunk twenty-five (25) inches or more in circumference measured four and one-half (4-1/2) feet above grade. (7) Removal: Destruction or displacement of a tree by chemical means, or cutting, bulldozing, or other mechanical means which results in physical transportation of the tree from its site and/or death of the tree. (8) Topping/Pollarding: Removal of terminal limbs or apex from the living tree. (c) Tree Removal Permit. A tree removal permit is required for the removal of any oak tree, heritage tree, or other mature tree. (1) Exemptions. A tree removal permit is not required for the following: (i) Trees that are identified and approved for removal in an approved plot plan, precise plan, or conditional use permit, provided that such removal complies with the removal criteria of Section (c) (3) (i) , (ii) . (ii) Trees in a hazardous condition. (iii) Trees that are to be removed as part of management practices in orchards, christmas tree farms, nurseries, or trees specifically planted as a woodlot and intended to be harvested as a forest product. (iv) Trees planted by the current property owner, other than oak trees, heritage trees, or trees planted to meet conditions of approval of a development project or tree removal permit. (2) Posting Procedures. All trees proposed for removal, requiring a removal permit, shall be identified by the applicant for field inspection, utilizing a city-provided identification sign. The City shall post a notice of tree removal on the first day of a fourteen (14) day appeal period. The notice shall be posted on the property so as to be readable from the street and shall remain until tree removal has occurred. Notice shall also be posted in City Hall. 2 • ! c l t r r 91 (3) Oak Tree Removal Criteria. An application for oak tree removal shall be reviewed and approved, modified, or denied by the City Arborist/Urban Forester. (i) The City Arborist/Urban Forester's decision shall take into consideration: a. The topography of the land, and the potential effect of the requested tree removal on soil retention, and diversion or increased flow of surface waters. He shall consider the effects of grading and drainage. Hilltops, ravines, streambeds, and other natural water courses that provide a habitat for trees and wildlife should not be disturbed. b. The number, species, size, and location of existing trees in the area. c. The special need to protect existing blue and valley oaks and existing regeneration of blue and valley oak saplings. (ii) At least one of the following conditions shall be satisfied before a removal permit can be approved: a. The tree is dead, diseased beyond reclamation, or hazardous. b. The tree is crowded, with good horticultural practice dictating thinning. c. The tree is interfering with existing utilities, structures, or right-of-way improvements. Right-of-way improvements--especially sidewalks--shall accom- modate existing trees whenever possible. d. The tree is obstructing existing or proposed improvements that cannot be reasonably designed to avoid the need for tree removal. e. The tree . is inhibiting sunlight needed for either active or passive solar heating or cooling, and the building of solar collectors cannot be oriented to collect sufficient sunlight without the total removal of the tree. (4) Heritage Tree Removal. A heritage tree shall not be removed except upon approval by the City Council after a public hearing pursuant to the removal criteria of Section (c) (3) (ii) (a) -(e) . 3 • (5) Other Mature Tree Removal. The City Arborist/ Urban Forester shall base his decision to approve, modify, or deny the removal request of other mature trees on the removal criteria of Section (c) (3) (ii) (a) -(e) . (6) Topping/Pollarding. Topping/pollarding shall not be allowed for oak and heritage trees. (7) Application Content. Tree removal applications shall include all information specified by Section 9-2 . 107 (b) (Plot Plan Content) and: (i) The size, species, and condition of each tree proposed for removal. (ii) The purpose for removal. (iii) The size and species of trees proposed to replace those intended for removal. (d) Tree Protection Plan. A tree protection plan shall be required as part of a plot plan, precise plan, or conditional use permit. The plan shall be reviewed by the City Arborist/Urban Forester, who shall approve, deny, or require modification of said plan to assure conformity with tree removal criteria and compliance with the City's goals of preserving existing trees from indiscriminate or unnecessary removal. (1) Plan Content. Plans shall include all informa- tion specified by Section 9-2 .107 (b) (Plot Plan Content) and: (i) Size, species, aesthetics, state of health, and dripline of each tree that reaches to within twenty (20) feet of any development areas, including any areas where trenching is proposed. (ii) Mitigation measures proposed to ensure the survival of remaining trees through the construction process and thereafter. (iii) Size, species, and location of trees proposed to replace those proposed for removal. (2) Tree Protection Standards. Approval of tree protection plans shall require compliance with the following standards: (i) Dripline Protection. The applicant is responsible through final building inspection for the 4 0 0 preservation of all trees which are to remain on the project site. a. Each tree or group of trees to be preserved shall be protected by enclosure of the entire dripline area with a five (5) foot fence prior to grading, movement of heavy equipment, or other construction activity. Exceptions may be approved by the City Arborist/Urban Forester. b. The existing ground surface within the dripline of any oak or heritage tree should not be cut, filled, compacted, or paved unless there is no other reasonable design alternative. Excavation within the dripline of any said tree shall not be permitted where, in the judgment of the City Arborist/Urban Forester, material damage to the root system will result. c. All cuts or trenching within the dripline of a protected tree and all root cuttings are to be made by hand. No backhoes or graders shall be used. Appropriate measures shall be taken to prevent soil and exposed roots from drying out. (ii) Landscape Plans. Landscape plans, where required, must show the proposed landscaping within the dripline of trees. Drought tolerant landscaping or mulching may be required as an alternative to irrigated landscaping where appropriate. (iii) Nonconformance. In case of noncon- formance with the tree protection requirements, the City Arborist/Urban Forester shall immediately issue a Stop Work Order until all requirements have been met. (iv) Tree Damage or Destruction. Should unauthorized work or nonconformance lead to tree damage or destruction, the City Arborist/Urban Forester shall issue a Stop Work Order and require mitigation of the damage. (v) Performance Security. Performance security, whether by surety bond, cash deposit, or other security acceptable to the City, may be required prior to issuance of an entitlement whenever the City Arborist/Urban Forester determines that there is a significant risk of damage or destruction to trees on the site, and performance security is necessary to assure protection of trees on the site. The amount of any said performance security shall be $1,500 per tree or the value of the affected tree(s) , whichever is greater. Tree value shall be determined utilizing criteria established and adopted by resolution of the City Council. 5 The performance security shall be forfeited if, prior to final inspection, the City Arborist/Urban Forester finds that the tree has suffered permanent damage. If no permanent damage has occurred, the performance security shall be returned upon final inspection. Funds collected through the forfeiture of performance security shall be placed in the Oak Tree Preservation/Replacement Fund. Single family uses on existing single family lots shall be exempt from the performance security requirements of this paragraph. (e) Replacement Trees. All trees removed pursuant to a tree removal permit shall be replaced as specified herein. Replacement trees shall be planted within twelve (12) months of the tree removal or before final building inspection, whichever occurs first. (1) Other Mature Trees. Every tree removed shall be replaced. The minimum size of a replacement tree shall be in a five (5) gallon container. (2) Oak Trees. Every oak tree removed shall be replaced with an oak tree. The planting of blue and valley oaks shall be especially encouraged. Every oak removed shall be replaced with two (2) trees, each in a fifteen (15) gallon container (one (1) inch minimum trunk caliper measured twelve (12) inches above soil level) . At the option of the applicant, fifty (50) percent of the required replacement trees may be substituted by protecting existing blue and valley oak saplings between three (3) and six (6) inches in circumference. Three (3) saplings shall count as one (1) replacement tree. The saplings must be on the same property and located within seventy-five (75) yards of the removed tree. Protection shall include, but not be limited to, a five (5) foot high fence totally surrounding the sapling during construction. Long- term protection after construction shall be as approved by the City Arborist/Urban Forester. (3) Oak Tree Preservation/Replacement Fund. If the City Arborist/Urban Forester determines that the site cannot accommodate replacement trees, then an amount established by resolution of the City Council as the amount equal to the cost of purchasing and planting replacement trees shall be required and placed in the Oak Tree Preservation/Replacement Fund. This fund is to be utilized for the preservation, replacement, and planting of oaks within the City. 6 0 • (f) Violation, Penalties. Any person in violation of this ordinance shall be deemed guilty of a misdemeanor and upon conviction may be punished as set forth in Chapter 3 of Title 1 of this Code. 9-4. 156. Street Trees (Reserved) . 9-4 . 157. Tree Management Plan (Reserved) . JGJ: fr/3/6/89 C:ORATA169 7 0 [OPTIONAL] : (g) Violation. Restitution. It has been determined that the oak trees within the City are valuable assets to the citizens of this community, and as a result of the loss or damage to any of these trees, the public should be recompensed. In addition to any penalties provided by section (f) above, any person who cuts, damages, or removes any oak tree in violation of the terms of this chapter is responsible for proper restitution and may be required to replace the oak tree(s) so removed or damaged, by the donation of or by replanting two (2) or more oak trees of reasonable equivalent size and value to the tree damaged or removed. The number, size, and location of said equivalent replacement oak tree shall be determined by the City Arborist/Urban Forester. The City may bring a civil action for restitution to enforce this section pursuant to Government Code Section 36900. 8 a • (MIM/. We""' .. M E M O R A N D U M To : City Council Through : Ray Windsor , City Manager ' From: Mark A. Joseph, Director off Admin. Service4l Date: April 2, 1989 Subject : Funding Community Agency Requests This memo outlines some policy and procedural issues relative to funding annual Community Agency requests. A clear policy would be helpful at this time to properly handle the requests we have already received and that we anticipate receiving . Background In FY 87-88, Council allocated slightly less than one percent or $38,662 of the General Fund revenues towards Community groups. In this current year , the percentage is slightly over one percent or $62,527. In terms of actual dollars, this year ' s request is almost two-thirds higher than last . Partly in response to this increase, staff was directed to develop some policy options for Council ' s review prior to the FY 89--90 budget cycle. General Requirements Four basic requirements appear appropriate relative to Community Agency funding requests. These are listed below: 1 ) Total funds available for distribution should approximate one percent of the estimated General Fund ' s Operating Revenues. 2) All groups should fill out a standard Community Agency Funding Request form (see attached ) , with requests being solicited in early April of each year . 3) Eligible groups should be Community-based , with membership open to the general public . 4 ) Requests should be considered and acted upon only once per year , at budget time ( late May, or early June ) and o ly fter a� timely submittal of the request . r 't1 Additional Ideas For Allocatiing Funds In addition to the parameters set forth above. other criteria that could be considered are briefly discussed below: 1 ) Services provided should be cost-effective, relative to the City providing the same service. 0 0 2 ) The magnitude of community benefit should be 14100 considered . ( For example, the program with the highest level of participation. ) 9) Programs or services that address compelling social needs not otherwise provided for ; or programs that contribute to the historical , cultural and/or aesthetic values of the community might be given a higher oriority ranking . in the event that more requests are made than funds are available, some methods of determining how to allocate the scarce resources are suggested below: 1 ) Council can continue to review the requests and enter into discussions with the various agencies, and allocate the funds accordingly . This would be done during one of the scheduled Budget Workshops . 2) Given clear guidelines, staff could review the requests and make recommendations to Council . The challenge is whether the guidelines could substitute for Council ' s assessment of community needs and eyoectations . 3) Fund each request proportional to the amount that the available funds compare to the total requests . In other words, if the available money is only 75 percent 11011 of the total request , each request would only receiv(,? 75 percent . This proposal is certainly fair , but it does preclude any opportunity to prioritize requests. it would require all proposals to receive some funding regardless of the merits of the request . 4 ) A combination of the above could be emplored . Recommendations Some type of policy ant procedure appears to be needed in addressing community funding needs. Some minimum standards have been suggested , and additional options have also been olfered . It is hoped that Council will discusy this isswe and givp direction to staff . MAJ: al aqfd\policy 0 CITY OF ATASCADERO COMMUNITY AGENCY FUNDING REQUEST Agency Name: Address Con ta=t Phone: 1 . On a single sheet . please describe your Agency , including a brief history an.a puroose of the organization, and your current goals and accomoli=_hmenr,=_ . 2 . Number of member=_ 3. What restriction=_ , if any, on becoming a member . 4 . Legal status of organization: C3 Non-Profit Corooration C3 Other ( explain ) 5. Amount Requested $ _ b . Preferred method of disbursement : C3 Annually, on r3 Semi-annual CJ Quarterly W monthly ?. Please complete the attaches nudge. Form. G. How will the money be spent? What services will be provided? (Attach additional sheets . ) 9. Describe how the community will benefit from the City ' s contribution? What consequences will occur if funding is not provided , or only a portion is aooroved" (Attach additional sheets . ) 10. I certify that the information supplied is current , complete and accurate. Authorized Signature Titie Print Name Date __—� CITY OF ATASCADERO COMMUNITY AGENCY PROJECTED BUDGET Estimated _Revenues Amounts Cary over from Pr !or Year {Beeinninq Balance memoership Dues Donations Fund Raises Gove-nmert SUDDort Federal State County CITY 0P ATASCADERO Other Cities Other Government A11 other Revenue=_ _ TCTAL REVENUES Expenses Administrative Costs Operating Costs Equipment Other Expenses TOTAL EXPENSES ENDING YEAR BALANCE $ rEtTI�'W AGENDA _ fT_ki k MEMBERS JIM CATHCART CHIEF CONSULIANI JIM NIELSEN SAL BIANCO .'CE CHAIRMAN PRINCIPAL CONSULTANT *ED LEAHCUNO OHNDGRUINTLE Catif orniaXegiglatore ASSCIATE CONSULTANT CECIL MAUREEN BROOKS BARRY KEENE COMMITTEE SECRETARv DAN McCOROUODALE JOSEPH MONTOYA ROOM 5122 SENATE COMMITTEE ON STATE CAPITOL SACRAMENTO.CA 95814 INSURANCE, CLAIMS AND CORPORATIONS `916'445-0825 F�. .ALAN ROBBINS CHAIRMAN March 31, 1959 City of Atascadero City Hall Administration. Building 6500 Palma Atascadero, CA 911,423 Gear Members of the City Council : Over twenty cities and counties have joined the fight against high insurance costs and have voted to endorse SB 103. Others are scheduled to vote on taking a stand next week. It would be helpful if we could add the City of Atascadero to our support list, especially since April is the crucial time in this struggle. If you support our legislative efforts, please tell your local state legislators that you are in favor of SB 103 and urge them to vote yes on this bill . We appreciate your consideration of this request. My best regards. Sincerely 6'e., 0'f�y�� ALAN ROBBINS AR:LeaC/gny Enclosures SUPPORTERS OF SB 103 BUSINESS ORGANIZATIONS CONSUMER AND SENIOR ORGANIZATIONS *Arleta Chamber of Commerce •American Association of Retired Persons *California Highway Carriers •Congress of California Seniors *California Retailers Association •FAIR (Fair Automobile Insurance Rates) *Canoga Park Chamber of Commerce *ICAN (Insurance Consumers Action Network) *Chatsworth Chamber of Commerce *Seniors for Legislative Action *Citrus Heights Chamber of Commerce *Council on Aging, City of Los Angeles *Granada Hills Chamber of Commerce *Insurance Agents & Brokers Legislative Council GOVERNMENT *Mission Hills Chamber of Commerce *Northridge Chamber of Commerce *County Supervisors Association of Calif. *Pacoima Chamber of Commerce *Regional Council of Rural Counties *Panorama City/Sepulveda Chamber of Commerce •Alpine County *Amador County *Reseda Chamber of Commerce *Contra Costa County *E1 Dorado County *San Fernando Chamber of Commerce *Fresno County *Glenn County *San Juan Capistrano Chamber of Commerce *Los Angeles County *Mono County *Sherman Oaks Chamber of Commerce *Nevada County *Plumas County *Studio City Chamber of Commerce *Santa Cruz County *Siskiyou County *Sunland/Tujunga Chamber of Commerce *Trinity County *Sun Valley Area Chamber of Commerce *City of Adelanto *City of Anaheim *Sylmar Chamber of Commerce *City of Artesia *City of Gardena *Tarzana Chamber of Commerce *City of Irvine *City of Lancaster *Van Nuys (Greater Area) Chamber *City of Los Alamitos *City of Norco of Commerce *City of Orange Cove *City of Pacific Grove *Woodland Hills Chamber of Commerce *City of Tehachapi EDITORIAL SUPPORT LAW ENFORCEMENT *Oakland Tribune *California Association of Special *KMJC-AM Radio, San Diego Investigators LABOR ORGANIZATIONS *California Conference of Machinists *Teamsters Public Affairs Council *California Labor Federation, AFL-CIO *Transportation Communications International *California State Employees Association Union *Communications Workers of America *United Brotherhood of Carpenters and *Internation Longshoremen and Joiners of America Warehousemen Union, Northern *United Transportation Union California Council Prepared and Distributed by Senator Alan Robbins 330 0 4p SNSUFRAfVCE FREFOFRM IN CAL= FOFtMXAk FACT SHEET - SENATE BILL 103 (ROBBINS) INTENT SB 103 will prevent illegal blanket cancellations in the private passenger automobile insurance segment of the market at least until November, 1989. On a permanent basis, it also will prevent abuse of the "Good Driver Discount" called for in Proposition 103. THE EXISTING OBLIGATION UNDER PROP. 103 On December 7, 1988, the California Supreme Court ordered into effect the provision in Proposition 103 that prohibits an insurance company from declining to renew a private passenger automobile insurance policy unless the action is legitimately based on: - Nonpayment of premium; - Fraud or material misrepresentation affecting the policy of the insured; or - A substantial increase in the hazard insured against. SB 103 ADDS TEETH FOR ENFORCEMENT If the insurers declined to renew 5% or more, the company must offer each po icyholder who was cancelled an option to renew. In the event a policyholder who was not renewed has found a replacement policy at a higher premium rate, the former insurer must pay the policyholder the increase in premium. This portion of SB 103 and the penalty assessment provision are both temporary and only apply to private passenger automobile insurance policies that come due for renewal between the Act's effective date and November 8, 1989. If either the U.S. or the California Supreme Court holds Proposition 103's renewal provisions unconstitutional , this bill immediately goes out of effect. THE PENALTY ASSESSMENT UNDER SB 103 An insurer in violation of the law may be assessed 0° o its aggregate private passenger automobile insurance premiums on the policies illegally cancelled. If there has been substantial compliance, the Insurance Commissioner may reduce the percentage assessment to 25%. Assessment funds may be appropriated by the Legislature solely to subsidize those unable to afford automobile insurance, thus reducing the uninsured motorist problem. UNDER SB 103 AN INSURANCE COMPANY MAY STILL LEAVE CALIFORNIA, but it must do so in a lawful manner. No penalty will be Carved against a, insurance company so long as it complies with the law and fulfills the existing Insurance Code requirement that it have another insurer assume its renewal obligations before it leaves the state. "GOOD DRIVER DISCOUNT" The Good Driver Discount plan mandated by Proposition 103 provides t ata river with only one citation must be included in the pool of motorists given the good driver discount. Allowing drunk drivers and others who commit vehicle-related crime to be part of that pool drives up the cost for all good drivers. To prevent abuse, this bill clarifies the Good Driver Discount program so that a person convicted of drunk driving, reckless driving or automobile manslaughter within the three year period will not qualify for the discount. leaC327