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HomeMy WebLinkAboutAgenda Packet 11/21/1989 • BOYD C. SHARITZ CITY CLERK • A G E N D A PLANNING COMMISSION AND CITY COUNCIL JOINT MEETING Tuesday, November 21, 1989 - 7 :00 p.m. Ken Beck Building, 5601 West Mall, Atascadero (Atascadero Unified School District Administration Building) Call to Order Pledge of Allegiance Roll Call Public Comment A. CONSENT CALENDAR 1 . Approval of minutes of regular Planning Commission meeting of November 7 , 1989 • B. STUDY SESSION 1. GENERAL PLAN UPDATE STATUS (VERBAL) a. Land Use Element b. Open Space Element C. Conservation Element d. Circulation Element e. Housing Element f. Noise Element g. Safety ( including seismic) Element h. Parks and Recreation Element 2. OTHER PLANNING STUDIES a. Interim Growth Management Committee b. Downtown Master Plan (Verbal) C . Fire Services Master Plan (Verbal) d. Fiscal Planning Model 3. GENERAL PLAN COMPLIANCE ISSUES a. CEQA - 10% slopes, new roads, etc. b. Drainage Master Plan C. ADJOURNMENT M E M O R A N D U M To: City Council Planning Commission From: Ray Windsor, Citv Manager Subject: Joint Meeting of November 21 , 1989 Date: November 16 , 1989 The following material is intended to both supplement the agenda for this meeting, as well as to provide an historical record/ overview of the various issues involved with the general Plan. In some instances , staff will be providing oral reports , as indicated on the agenda face sheet. We have also enclosed copies of written material provided by various concerned citizens. RW:cw MEETINGZ ENDA DAT I 1 AG I TEAA • '^ NOTE: THE MINUTES FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 7TH WILL BE DISTRIBUTED AT A LATER TIME. • • ora M E M O R A N D U M TO: City Council Planning Commission FROM: Henry Engen, Community Development Director RE: Summary of Consensus Position of Interim Growth Management Committee DATE: November 21 , 1989 The attached memorandum to the City Council was approved on September 12, 1989 and forwarded to the County Board of Supervisors for their consideration in their growth management deliberations . As rioted, it specifically asks for referral of any major projects within the designated referral area to the City for reaction and supports the status quo with regard to requests for density increases around the periphery of Atasca- dero' s Urban Reserve Line. As noted in the memorandum, the Committee supports strengthening growth management and policies as part of the General Plan Update including special attention to establishing fire/emergency response time standards and road and circulation criteria in relation to growth policies . A 2 1/2 percent growth rate for the City was projected which would mean theoretical full build-out of 32 ,860 persons in the year 2004 . This projection was endorsed for inclusion in the General Plan, and staff was directed to provide quarterly reports on growth within the City (see attached) . The Council and Planning Commission earlier arrived at a consensus to not increase residential densities as part of the General Plan update nor to propose any expansion of the City's Urban Service Area other than possible consideration of the inclusioI] of Chalk Mountain Golf Course, Heilmann Park, Paloma Creek Park and Atascadero State Hospital within the City' s Urban Reserve Line/City limits. HE :ps Enclosure: September 12 , 1989 Staff Report to City Council October 4 , 1989 Quarterly Growth Monitoring Report San Luis Obispo Population Statistics REPORT TO CITY COUNCIL Agenda Item: C-3 (A) CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 9/12/89 From: Interim Growth Management Committee By: Henry Engen, Community Development Director 4vrl SUBJECT: Proposed resolution No. 67-89 to the County Board of Supervisors regarding their recently adopted growth management measures . RECOMMENDATION: Approve the attached Resolution No. 67-89 for the City Manager to convey to the County Board of Supervisors. BACKGROUND/DISCUSSION : On July 25, 1989 the Mayor appointed an interim growth management committee comprised of Councilmembers Lilley and Shiers, and the City Manager, City Attorney, and Community Development Director. The charge to the Committee was to monitor the County' s actions with respecasir grthey relatewth atogthe11City' sadvisory Generalcommittee' s 1ePlanand to recommend report back on this subject. reporting back at The Committee has council en meetingst. Theweekly d intervening attached resolution evolved from the deliberations of the Committee to reflect City concerns regarding growth pressures especially in the fringe areas where some services are inadequate. The Committee also supports strengthening growth management policies as part of the General Plan Update, including special attention to establishing fire/emergency response time standards and road and circulation criteria in relation to growth policies . Staff has also been asked to monitor building p activity to keep the City Council advised as to whether there is any evidence of patterns exceeding our historic norm. E: H s p Enclosure: Draft Resolution No. 67-89 RESOLIITION NO. 67-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CONCERNING THE IMPACT OF THE PROPGSED SAN LUIS OBISPO COUNTY GROWTH MANAGEMENT SYSTEM ON THE CITY OF ATASCADERO. WHEREAS, the San Luis Obispo County Board of Supervisors has adopted an interim ordinance setting a maximum number of building permits for new residential ' units in the unincorporated area of the County sufficient to accommodate an annual household population average of not more than 2 .5 percent per year; and WHEREAS, the City Council of the City of Atascadero has followed with great interest and concern the public hearings held by the Board of Supervisors on the report of its Growth Management Advisory Committee; and WHEREAS, the City Council of the City of Atascadero recognizes that the action taken by the Board of Supervisors on the growth management issue may adversely affect the planning goals and objectives of the City of Atascadero by focusing and/or accelerating development activity within the City and on the city fringe, and WHEREAS, the City of Atascadero is currently undertaking a comprehensive revision to the City General Plan and Land Use Element which will address, among other things, the growth management policies of the City; and WHEREAS, the City Council supports the concept of regional cooperation and coordination in planning efforts between jurisdictions consistent with the City's "home rule" right to plan its own future, and its obligation* to represent the voters of the City; NOW, THEREFORE, the City Council of the City of Atascadero hereby resolves as follows: 1. The City supports the County's efforts to implement a reasonable, meaningful, effective, sustainable growth management system which will preserve and protect the quality and character of San Luis Obispo County. 2. Except for the public lands (the Atascadero State, Hospital, Paloma Creek Park, Heilmann Park and the Chalk . Mountain Golf Course) presently designated by LAFCO as being i RESOLUTION NO. 67-89- Page Two within the. City's sphere of influence and sphere of servic&, no annexation request shall be considered or approved by the City of Atascadero until such time as the comprehensive revision of the City General Plan and Land Use Element has been adopted. 3 . With respect to those unincorporated "areas of concern" shown on the attached map designated Exhibit "A", the City Council hereby formally requests the Board of Supervisors: a. To refrain from granting General Plan amendments or any other entitlements which would allow for a higher intensity or density use than currently allowed under the County General Plan until such time as the City's General Plan update has been adopted, and an effective growth management system has been permanently implemented by the County. b. To refrain from approving additional subdivisions or parcel maps until such time as water, circulation, fire response, and other infrastructure concerns have been planned for and resolved to the mutual satisfaction of the City and County. C. To refer all applications for development, except those clearly minor in nature, for City review and comment. PASSED AND ADOPTED at the regular meetilnc f the City Council of the City of Atascadero held Septem P 1 1989 by the following vote: AYES: Councilmembers Lilley, Shiers, Borgeson, Mackey and Mayor Dex' NOES: None ABSENT: None DATE ADOPTED: 9-12-89 CITY OF ATASCADERO, CALIFORNIA BY -7 . �:O ROLLIN DEXTER, Mayor . RESOLUTION NO. 67-89 Page Three ATTEST: pe, L• Zc2ct- , BOYD C. SHARITZ, Cit erk APPROVED AS TO FOP14: J FP EY G. OR,GENSEN, City Attorney APPROVED AS TO CONTENT: JGJ: fr/8/31/89 C:RSATA713 i Vag o YSABEL ' Ad. 1 �Ppn►♦- EXHIBIT A q+ + ":: ' ' Moss lo,,• � R ° 1 °: °`�,' or. \ r F fil R10 • • i. / �• ORESTON1 \ q, ., 6 , « } PLANNING REFERRAL AREA 1f ~ E.•^r4` �;mde (EXCLUDING SANTA = MARGARITA TOWN SI TE) b : 'Asui4cla% AD ERO .gf 229 4- 1 �'� - spy m W� .. '''•' .. - : •�,� 70 z stir '� • ItA32 ��. � .. '� •, .�► t CO • ' ; Esile Re•k i T29S 813E • .,� �° c: Q d Id GAR ,o.` Z._•r'�•••i. Corr• AN* _ ..._.,. -.:•::.._.... I g ` =A b, A MARCA ITA . _.3 t• • •-r. .. 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S. OBISPO' -----.- _- ••_• O.� .':_' M E M O R A N D U M TO: City Council October 4, 1989 FROM: Henry Engen, Community Development Director. RE: Quarterly Growth Monitoring Report RESIDENTIAL DWELLING UNIT (D U ) PERMITS ISSUED* Single Multi- Net Month Family Family Demolitions Increase January 8 0 0 8 February 12 0 0 12 March 17 0 0 17 April 11 8 0 19 May 15 0 0 15 June 14 2 3 13 July 10 0 0 10 August 23 0 0 23 September 15 0 1 14 Year-To-Date 125 10 4 131 Source: Atascadero Building Division ANNUALIZED GROWTH RATE: 131 D.U. = 9 mo. ., X 12 mo. X = 175 D.U. 's Projected 175 Projected D.U. 's 8,031 Total D.U. 's = 2. 17% Annual Growth Rate *NOTE: Typically, about 2/3 of the permits issued in a given year are finaled the same year cc: Ray Windsor, City Manager Planning Commission City Department Heads A ^ •� if N � �t .•/f •[ M y N O N O N N PPP •p� •y�•t •■•� N K Np• �• K K �t • .N.pp q • � � �Sd � S � � � � . M b N M a h •- � r• •' a a s a a N � M �, O INNr I+P� � � 1M1 O ••M�� N ww� • E wV. N � � � A V N � A N T M i gO �■p N N e �•■ ±. 6 w O P O.M ■ V A N � � � O i � O N M O A N � � M • A O .pp yah .Mp �qy �p pa ^ 6 O N M d d A S O O P A 0 0 P M � 8 g � $ g � • `sas53a C Z9 5 r N ■ N `• N pp, M .yp� �y .gyp• .y y� ap • • N N ^ O O H .N// � O � N � �p • L 0 W � ' W p ► W Y S N ■ •p� M ■ 22 .. oz •� N 8 7 V � •`e� i `s � lts � ° o � � � 3 i MEETfN AGEND � DA 2 ITEM I M E M O R A N D U M REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item C e 3 (B) From: Ray Windsor, City Manager Meeting Date: 9/12/89 SUBJECT: Fiscal Planning Model RECOMMENDATION: At this time, staff is seeking authorization to develop a Requests for Proposal in order to obtain input on the cost to undertake this work along with the timeframe for completion. BACKGROUND: The issue of growth management, as it relates to the incor- porated limits of Atascadero, indicates that our average annual growth rate since incorporation places us within the recommended County formula. Perhaps most notable regarding a local growth management plan is the fact that the City, by virtue of having been legally sub-divided into rural residential lots, as part of the original Colony plan, has already established growth meas- ures through the residential land-use regulations enumerated in the General Plan, which of course are tied to our ultimate popu- lation on build-out. If, in fact, there are major concerns beyond this, they would appear to be in two areas : 1 . The integrity of established land-use densities; 2 . The rate at which growth occurs speeding up ultimate build-out reflected in the General Plan. With respect to #1 , this would primarily hinge on the degree of commitment by the Planning Commission and Council to the land- use policies and densities reflected in the existing and soon-to- be updated General Plan. As far as #2 is concerned, this is both a function of the total permits issued and/or allowed within any 1 given period of time and/or the City' s ability to provide ade- quate levels of service. It is this last issue that I wish to address Council via this memo. DISCUSSION: Fiscal analyses tied to a city' s general plan are becoming more in vogue in California as communities grapple with the ques- tion of growth, its relative costs and the manner in which levels of municipal services can be maintained or enhanced. Historical- ly, the approach to who pays for what and how has been primarily a reactive posture among cities . True, planning tools such as multi-year capital improvement programs and their funding are common among local communities, but they tend to be extremely general in scope and based upon a projection of funding available over time, using various known or expected revenue sources. Said another way, capital improvement programs are based more on per- ceived needs and resources than upon actual impacts from growth at any given time. So, while such programs can be said to be projections of future need, they can hardly be classified as pro- active planning. A good example of this, in light of the budget allocation for a Fire Department Master Plan, is the question of additional fire stations . A typical Capital Improvement Program may very well identify the need for an additional station or stations within a given timeframe ( five, ten, fifteen years) , but it won' t and generally can' t tell you the exact timeframe within which it (they) must be added, or its (their) location, in order to assure adequate response time. To this extent, a Fiscal Element to the General Plan would interface with certain aspects of a Master Plan for the Fire Department. Without a doubt, it would make the task of Capital Improvement Planning far simpler and more accu- rate, because the fiscal model--the data base, if you will-- will allow us to project needs (priorities) , their timing and their funding by being able to make and test certain assumptions about growth. Inherent in the desire to develop a Fiscal Element in the General Plan is a belief that a city should have a more compre- hensive and reliable mechanism to forecast the need for municipal services (e.g. , Public Safety; Parks & Recreation, Utilities, Traffic Circulation and related needs, etc . ) ; along with both the timing and funding of such; as a corollary to this, it is criti- cal to be able to project the ongoing maintenance and operation costs for these services once in place. All too often in the past, cities have been faced with sit- is uations where the cumulative effect of individual land-use decisions has suddenly and unexpectedly created the need for various service level improvements or the deterioration of exist- 2 ing service levels ( i. e. , response times for emergencies, traffic congestion, etc. ) . Solutions have often been an "after-the-fact" situation, raising questions of adequate funding, equity in tax- payer expenditure allocation and adequate revenue sources . A Fiscal Element would provide a data base ( i.e. , Community Pro- file) that would allow us to project, based upon assumptions of pre-determined service levels and various types of land-use, its timing and location, the costs required to provide such, as well as anticipated revenues to offset these increased costs . A good fiscal model would also allow us to look at alternatives for revenue enhancement, which would (could) include expanding the existing tax base. Recent events within our County, as well as State-wide, in- dicate that growth management is becoming an integral part of land-use decision-making. There are a number of tools to assist communities in making sound policy decisions on land-use, one of which involves the development of a computer model to provide critical data input related to cost/benefit analyses . As this memo points out, such analyses may (should) include factors tied to impacts (cumulative and otherwise) of when, where and how much growth occurs, along with service levels, ongoing costs for main- tenance and operation and various other growth implications, all of which at some point add up to "quality of life" , how we main- tain it and pay for it. RW:cw 3 MEET�N DATE z, 8 AENbA, M E M O R A N D U M TO: City Council Planning Commission FROM: Henry Engen, Community Development Director }+L RE: Precise Plan Requirements for Construction or Grading on 10% slopes DATE: November 3, 1989 Upon receipt of the attached legal opinion, we notified appli- cants, engineers, contractors, etc . , that we would henceforth be processing development projects that required grading on 10; slopes to first receive approval of precise plans. The purpose of this memorandum is to so advise and to also indicate the work load impacts of this action. As of October 20th, some 60 precise plans had been processed, most of which were for grading on 20% slopes and more. Conceiv- ably, the number of precise plans that we now will have to process will more than double, and this will have a predictable negative effect on the workload of the department, including enforcement response, special projects, permit processing, etc . Our interpretation of this criteria will be that building permits for single family homes (the dominant entitlement affected by the requirement) will be required to submit for precise plan review and approval prior to applying for a building permit if the grading proposed on the site would not be exempt under Chapter 70 of the Uniform Building Code. CEQA also requires that grading in waterways, wetlands, identified scenic areas, etc. , be subject to an environmental determination, which means a precise plan under our procedures. HE:ps Enclosure: October 19, 1989 Legal Opinion October 11, 1989 Request for Opinion CC : Ray Windsor, City Manager MEMORANDUM City of Atascadero October 19, 1989 TO: Henry Engen, Community Development Director FROM: Jeffrey G. Jorgensen, City Attorney SUBJECT: Request for Legal Opinion: CEQA vs. Zoning Ordinance Requirements Relative to Slope Standards Pursuant to your memorandum of October 11, 1989, I offer the following analysis. CEQA and the CEQA Guidelines set forth the minimum standards which must be met by the City in determining when an environ- mental determination must be made. Therefore, the City cannot establish standards in its zoning ordinance for categorical exemptions which are more permissive than the CEQA Guidelines. The effect of this is that an environmental determination needs to be made for grading which is not categorically exempt under the CEQA Guidelines regardless of what the City zoning ordinance may say, and the provisions contained in Section 9- .4. 142 need to be revised. In the interim, it is my conclusion that the City can administratively process applications so long as it follows the CEQA Guidelines. The issue, of when the City requires precise plans is a separate issue from the environmental determination, so long as there is some procedure for review. Therefore, it is not absolutely necessary for the City to require precise plans for all grading above 10 percent, so long as there is a mechanism for making an environmental determination on grading above 10 percent. . Therefore, in answer to your specific question, the City _is not compelled to require precise plans for 010 percent slope grading post hasten, but is required to make determina- tions- for etermina-tions- for grading above 10 percent. If the zoning ordinance does not provide us with a mechanism for determining when grading- will occur -between 10 and 20 percent, the zoning ordinance needs to be revised to do so. With respect to your final question whether Section 15061 of the CEQA Guidelines gives-the City."discretion to define a 20 percent standard, the answer is no It may be that the City would wish to consider establishing a work program in conjunction with the new City Attorney and affected Department Heads to conduct a comprehensive review, revision, and update of the Municipal Code to make sure that MEMO: Henry Engen SUBJ: CEQA vs. Zoning Ordinance October 19, 1989 - Page 2 its provisions comply with current law. In the past, we have done this on a case by case basis as issues arise, but this is not a particularly efficient way to approach it, and there are concerns that several of the provisions of the Municipal Code may be out of date. At the same time, a comprehensive revision of the Municipal Code would be a timely and expensive process, which should be budgeted for as a separate work program in addition to the City Attorney budget, and the budgets of the affected departments. If you have further questions or comments concerning this matter, please feel free to contact me at your convenience. Sincerely, EEt FREYJORGENSEN y Att y JGJ: fr A:MMATA375 cc: City Manager M E M O R A N D U M TO: Jeff Jorgensen, City Attorney VIA: -Ray Windsor, City Manager FROM: Henry Engen, Community Dev lopment Director RE: Request for Legal Opinion: CEQA vs. Zoning Ordinance Requirements Relative to Slope Standards DATE: October 11, 1989 BACKGROUND: Section 15304 of the CEQA Guidelines calls for environmental. determinations for grading that is done on slopes less than 10%. The City Zoning Ordinance, on the other hand, under Section 9- 4 . 142, calls for environmental determinations on grading "except for applications that propose grading on terrain with slopes less than 20; and that will involve less than 5 ,000 cubic yards of earth moving, which applications are hereby deemed categorically exempt from the provisions of CEQA. " The effect of this procedurally is that any grading on more than 20; slopes is subject to a precise plan process involving envi- ronmental determination, notification of abutting owners, and establishment of an appeal period. Frankly, 10% slopes are con- sidered relatively flat hereabouts, but we clearly have a conflict between the CEQA Guidelines and the Zoning Ordinance. QUERY: Are we compelled to require precise plans for 10% slope grading Dost haste or would it require an amendment to the Zoning Ordinance? Alternatively, does Section 15061 of the CEQA Guidelines give the City discretion for defining a 20% standard? HE:ps ,vim. MEMORANDUM City of Atascadero September 19, 1989 TO: Ray Windsor, City Manager FROM: Jeffrey G. Jorgensen, City Attorney SUBJECT: "Master Road Agreement, ADVICE REQUESTED: In response to your Request for Legal Advice dated September 60, 1989, I have reviewed the attached correspondence from Planning Commissioner Luna, which raises questions about certain roads within the City now being developed pursuant to a "Master Road Agreement". FACTUAL BACKGROUND: In 1983, the former City Engineer, Larry McPherson, entered into a road construction agreement for portions of Graves Creek Road and Santa Ana Road (please see attachments) . I am unaware of how this agreement came to be executed, whether it was part of some larger planning and environmental review, or whether there was any formal Council authorization for the agreement. I would note that the letter appears to have been copied to the City Manager at the time. Additional information concerning the context in which the agreement was negotiated would be helpful. I am informed that similar agreements may have been entered into with the County Engineering Department prior to incorporation of the City. For the purpose of this memorandum, I will assume there has been no formal authorization or other review. In 1986, the Public Works Director entered into a new agreement (with minor modifications, but in substantially the same form as the 1983 agreement) expanding the roads to be constructed to other areas of the City. In previous discussions with the Public Works Director, it appears this new agreement was entered into based upon the 1983 agreement, after discussions between Public Works and Twin Cities Engineering, Inc. No authorization was given by the City Council, and I am unaware of any other formal planning or environmental review conducted in relation to it. I assume that the road construction work which is now raising concerns has proceeded in reliance on the 1986 agreement, although I am informed that there may be additional verbal or written agreements for other roads as well. (San Marcos?) t MEMO: Ray Windsor, City Manager SUBJ: Master Road Agreement September 19, 1989 - Page 2 ANALYSIS• Before answering Commissioner Luna's specific questions, it is if any, existed to important to determine what authority, such enter into the 1983 and 1986 entered agreements.into if required as a agreements would only specific condition of development or mitigation measure for a project, and then only after formal review and acceptance by the Planning Commission and/or City Council. Although it is unknown whether this occurred in 1983 , it is clear that it did not occur in 1986. Part of the problem may involve the unique circumstances of Atascadero, in that the affected areas wand already subdivided (along with the road alignments) , therefore, there were no parcel maps or subdivision to review. Nevertheless, it is applications before the City activities difficult to understand how ordinance potential impact would not be subject to thea grading such scope City's tree (ATMC 9-4.140, et seq. ) and, more recently, P protection ordinance (ATMC 9-4.155, et seq. ) . Upon initial review it would appear that both apply, but that neither ordinance was followed with respect to the 1983 or 1986 road work which has raised the present agreements, or to the road concerns. In discussions with the Community Development Department, I am informed that, based upon the 1986 "Master Road Agreement", a division of responsibility has occurred at the staff grading with respect to the review and processing The Community Development(p activities within the City. ads, Department reviews all grading within existing lots driveways, etc. ) , and as a part of subdivision applications, under the grading ordinance. Grading within the Colony rights-of-way is reviewed by the Public Works Department Y " arguablyrequires pursuant to the "Master Road Agreement , and division of at least an encroachment P concerning the responsibility has created uncertainty applicability of the grading and tree ordinances to the road apaental tion of situation, and a lack f interdo should be evaluation of the City's procedures by l as careful review. This uncertainty and possible amendments to the Municipal Code. In any event, independent action by any department of otential the City to enter into agreements of such scope and Council is clearly a impact without formal authorization by the City adequate very dangerous procedure and should be avoided by CONFIDENTIAL MEMO: Ray Windsor, City Manager SUBJ: Master Road Agreement September 19, 1989 - Page 3 internal procedures and management oversight. To the extent the agreements attempt to supersede, waive, or modify applicable provisions of the Municipal Code, they are clearly not authorized. Any such waiver or modification can only be accomplished through amendment of the Code by ordinance. With respect to the specific questions raised by Commissioner Luna, I offer the following: 1. "Is this project exempt from CEOA? If so, was there _a notice of exemption filed?" The first step in any analysis of whether CEQA applies is whether the activity is in fact a "project". A "project" has been defined as the whole of an action, which has a potential for resulting in a physical change in the environment, directly or ultimately, and that is an activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. (CEOA Guidelines, Sec. 15378 (a) (3) . ) Therefore, whether the road work involved was required to have a grading permit, encroachment permit, or could be handled under the "Master Road Agreement", it would be considered a project in that it required discretionary approval by the City. The next step is to determine whether the activity, while a "project", is nevertheless exempt from environmental review, either statutorily or categorically. The only exemption even remotely related to this type of activity would be a class 4 categorical exemption for minor alterations to land. A class 4 exemption consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of mature, scenic trees, except for forestry and agricultural purposes. An example would include grading on land with a slope of less than 10 percent. (CEQA Guidelines, Sec. 15304. ) In such a situation, if there was a significant potential for environmental impact, the class 4 exemption would not apply. Based upon this, it seems clear that the type of road projects being discussed would normally not qualify for a categorical exemption. MEMO: Ray Windsor, City Manager SUBJ: Master Road Agreement September 19, 1989 - Page 4 In this particular case, I am unaware of any environmental review procedure having been conducted under CEQA. In fact, there is a serious concern whether any consistent, adequate environmental review procedures exist within the Public Works Department. Therefore, in answer to the second part of the question, no notice of exemption was filed, although the filing of a notice of exemption is permitted but not required when a project is categorically exempt. 2. "Was there a ne ative dec arat'o ? If so is the initial study available for public review? Did the initial study consider cumulative impacts of all three phases?" Based upon the answer to Question No. 1 above, the answer to each of the above questions is no. 3 . "Even though the project is consistentvested rith the ght ht to General Plan map (and the developer has lolp the existing parcels) , would it not be prudent to identify the environmental impacts so that those impacts can be mitigated and the entire protect can be consistent with the environmental oals and olicies of the General Plan?" The answer to this question is yes. In fact, CEQA requires such analysis. Consistency with the General Plan is not the primary issue here, but rather whether CEQA procedures were complied with. 4. "What armeal right does the public -have in this matter? Has the appeal period lapsed?" This is not, strictly speaking, a matter for which an appeal is appropriate, in that the essence of the question being asked is whether the City has followed proper review procedures in the processing of road work within the Colony rights-of-way. The public certainly has the right to raise this issue as a matter of public comment before the Council, or administratively hrough the City Manager. It would also appear right appeal guaranteed pursuant to Section 1-2.13 of the Atascadero Municipal Code is broad enough in scope that it could be utilized if so desired. However, the more logical process would be to bring the matter to the attention of the City Council and order a complete review and report of current procedures. Y • MEMO: Ray Windsor, City Manager SUBJ: Master Road Agreement September 19, 1989 - Page 5 CONCLUSIONS AND RECOMMENDATIONS: 1. It appears that there was inadequate authorization to the Public Works Department to enter into the 1983 and 1986 Master Road Agreements, as . well as other verbal or written agreements of which I am unaware. Such activities should cease immediately, and a thorough review should be conducted with revision of city procedures as necessary. 2 . It appears that there are inadequate procedures in place within the Public Works Department to ensure that projects under their review comply with other applicable provisions of the Municipal Code and state law. As a related matter, there is inadeequate interdepartmental coordination of review of projects to ensure compliance with all city regulations. A thorough investigation, analysis, and recommendation for changes in procedure is warranted. 3 . It appears that there are inadequate environmental review procedures within the Public Works Department pursuant to CEQA. The endati ns ohow this environmental make problem can be corrected. recommendations if you have further questions or comments concerning this matter, please feel free to contact me at your convenience. Please distribute as you consider appropriate, keeping in mind the confidential nature of this memorandum. Sincerely, JORGENSEN -*ty Attorney JGJ:f r A:MMATA338 Attachments REQUEST FOR LEGAL ADVICE TO: CITY ATTORNEY APPROVED BY CITY MANAGER: FROM: CITY MANAGER DATE: Q& INITIAL r " SUBJECT: -71D iY),QfW ADVICE REQUESTED: "nim i m&,G)e 6 Eos l �A BACKGROUND INFORMATION: .. (Prepare synopsis ofgiving attachmany supportingpossible. documents�� additional sheets, if necessary, �•Y S 4`�Z Q`'�"' z v Ns�JYs'����J P. . V Prepared by: _ LW,4A Approved by: H6Q07 Department Head Date Prepared: 6q Date Needed by: S A �,. SEP - b '1989 September 5 , 1989 CITY MGP. To: Ray Windsor, City Manager From: George Luna, Planning Commissioner Subject : City Attorney Review of the "Master Road Agreement" Dear Ray: I have received five complaints about the roads now being developed in the western part of the city. These ecomplaints cite concerns about: grading on steep slopes, culverting of tributaries to Graves Creek, cumulative impacts on drainage and seimenttion, and policiesaof Atascaderoescy with the General environmental g Plan, etc. It appears that there is no specific plan or permit except for the "Master Road Agreement" negotiated b= the City find no Engineer in 1986 (I. have enclosed a copy) . City Coilval of such Also, nationfor I couldld no this project. The purpose of this memo is not to discuss the wisdom of such a policy (approving a project without knowing if there are feasible alternatives or feasible mitigation measures) , but rather to ascertain its legality. Some specific questions that I feel deserve -the written opinion of the City Attorney are: (1) is this project exempt.- from CEQA? If so, was there a Notice of Exemption file (2) Was there a Negative Declaration? If so, is the Initial study considerefor cumulativecreview? impactsofihe all Initial Y three phases? (3) Even though the project is consistent with the General Plan Map (and the developer has a vested right to develop the existing parcels) would it not be prudent to identify the environmental impacts so that those impacts can be mitigated and the entire project can be consistent with the environmental goals and policies of the General Plan? ( 4 ) What appeal right does the public have in this matter? Has the appeal period lapsed? ` 14TACPMEN r A . • ® 805/434*4 TWIN IN CITIES ENGINEERING INC. CIVIL ENGINEERING & SURVEYING ALLEN W. CAMPBELL RCE 20244 June I3, 1986 Mr. Paul Sensibaugh Public Works Director City of Atascadero PO Boc 747 Atascadero, CA 93423 RE: Road Construction Agreement Portions of Atascadero Colony (See attached map) Dear Mr. Sensibaugh: In accordance with discussions between Gordon T. Davis Cattle Company and the City, the following is a summary of our under- standing of the procedures to be followed for the improvement of the roads shown on the attached plot plan. I. Developer to enter into an inspection agreement with the City to 'reimburse City for actual inspection costs. 2. Every attempt .will be made to maintain the constructed road at its mapped location. Centerline monuments will be referenced prior to rough grading. 3. Developer will rough grade the roadway using information supplied by developer's engineer and a qualified soils lab , approved by City, will take representative compaction tests at developer's cost and furnish the results to the City. 4. City Engineer's office will make an on-site inspection of the completeed rough grading with developer's engineer. Adjustments will be made on recommendation concerning roadway grades and site distances . Cut and fill slopes will be examined at the time along with proposed location and size of drainage structures . Judgements will be based on well-recognized standards and practices . Drainage calculations are to be submitted to City prior to the field inspection. P.O. BOX 777 . 200 MAIN STREET • TEMPLETON, CALIFORNIA 93465 Page 2 . Road C onsturction Ag#ment C Davis 6-13-86 S. All underground utilities shall be placed prior to paving. Trenches are to be adequately com- pacted .with appropriate backfill material. 6. Developer shall place aggregate base. This work will be inspected .by the City and will require compaction tests to be' furnished by developer verifying the satisfactory placement of these materials. 7. After basing, City will review erosion control work and roadside drainage facilities . The City and developer's engineer will determine the location of any roadside ditches or downdrains . 8. Developer shall re-establish and monument centerline controls for the• roadway as approved by City. County standard monument well at road intersections and on long tangents , S/81' rebar with metal caps at all other locations . The monument wells are also to serve as bench marks with elevations shown on the As-Built Plans . C9. Developer shall provide accurate As-Built plans -for the roadway including plan and profile, culvert locations and invert elevations, berm locations , utility locations , and any other improvement features . . 10 . Drive approach _cuts •and fills will be accomplished along with the subgrade preparation in order to eliminate the necessity of disturbing the completed roadway- section when the balance of the driveways are constructed to serve individual lots . A no charge grading. permit will be obtained and plans showing the location of the access tointsa fieldwill presented to the Planning Dep review of the driveway location made prior to approval to proceed with this work . The driveway grading should be kept to no more that SO C.Y. 11. Final improved sectiono shall be3aggregate m of base inches A.C. over at least The structural section is to be based on a traffic index of 4 and the R-value of the sub-base soils . 12. The upper 18" of subgrade shall be compacted to 95% relative density or ysbycalibatdnuclear measured rcCalifornia Test _Method No . density instrument. Page 3 Road Construction Agreement Davis 6-13-86 C 13. Final pavement width is to be 20 feet with an additional two foot required where A.C. berms are placed for drainage control. Aggregate base width would then be a minimum one foot outside the edge of pavement. Also an additional two foot of A.C. widening with adequate tapers will be required where sharp horizontal curves are encountered: 14. Cut ditches shall be paved with. 2 inches of AX, where the road grade exceeds -10%. 15. It is understood that Gordon T. Davis Cattle Co. also agrees to pay actual costs for City inspec- tion nspec-tion and engineering performed on this project. 16. Developer will maintain roads for one 'year after date of -acceptance. 17. The roads in question will be accepted for City maintenance when all steps have been completed. 18. Generally the roads are to be developed in accordance with the attached phasing plan. The stages of the work is to take place, such as tree removal , grubbing, rough- gradinCO g, etc. prior to start of construction. Sincerely, Allen W. Campb 11 : R.C.E. 20244 AWC/pas enclosure cc: Henry Engen , I agree with all conditions outlined in this agreement from Mr. Campbell. Signed Signed Paul Sensibaugh Gordon T. Davis' Cattle Co . Dated �'/�g� _ Dated • / Y / • 111 . G�1 ��•. L ( _ 1C .. C C/ Y .C1+ /�...�3 / -' � � •I ► � � ITjo� f l �' - _ 7 / \ e oy g s � r• 0 • � 'z Ce -•\ 1 - • r • _ O ry OELI LO im VOL lot IT � ' `' a'�\ O�• - ` Z �j o Y "- X01` � c z r \ vIll it a V ^a N n jo a a -y� • CL 0 N i N O- ♦ • ` i A. 0ow cm d • -� �p ♦ N '! co op G. . • . a,• x :ti a L• •� � _ _•_ d • N us ..tom• :.�-•• r •• � • Ab 41 Ily-Jk, .3 •. • j i FAfir. ,� C .• q/O� N N • .. t• 3b 1 N Y A O w r..• .S v N • Y 7 4b G • • r r of M p r f9 N • .." w O 40 IL • •a w 4A Us to va me .. �• o Ul ^yto t�? C C • aj j�p4• in X kwo .• 1 _ A • - • _ • N • u " d! W •• • n 14vo G .r • Va ; Pf ` io 805/434.1834 26 ­S '� TWIN CI TIES ENGINEERING INC. CIVIL ENGINEERING & SURVEYING ALLEN W. CAMPBELL RCE 20244 January 25 , 1983 Mr. Larry McPherson City Engineer City of Atascadero P. 0. Box 747 nt Atascadero, CA 93423 Re ' PoortionssofuGraves ction ACreekeRoad and Santa Ana Road Dear Mr. McPherson: In accordance with discussions between Gordon T. Davis Cattle Co . and the City, the following is a summary of our under- standing of the procedures to be followed for the improvement of the roads shown on the attached plot plan. 1. Developer to enter into an inspection agreement with the City to reimburse City for actual inspection costs . 2. Every attempt will be made to maintain the constructed road at its mapped location. Centerline monuments will be referenced prior to rough grading. 3. Developer will rough grade the roadway using information supplied by developer's engineer and a qualified soil testing service, approved by City, to establish cut and fill slopes . A qualified soils lab , approved by City, will take representative compaction tests at developer's cost and furnish the results to the City. 4. City Engineer's office will make an on-site inspection of the completed rough grading with developer's engineer. Adjustments will be made on recommendation concerning roadway grades and site distances . Cut and fill slopes will be examined at that time along with proposed location . Judgements will and size of drainage structures be based on well-recognized standards and P.O. BOX 777 . 200 MAIN STREET . TEMPLETON, CALIFORNIA 93465 Road Construction Agreement January 25, 19833 practice Drainage calculations artwo be submitted to City prior to the field inspection. 5. All underground utilities shall be placed prior to paving. Trenches are to be adequately com- pacted with appropriate backfill material . 6. Developer shall place aggregate base. This work will be inspected by the City and will require compaction tests to be furnished by --- developer verifying the satisfactory placement of these materials . 7. After basing, City will review erosion control work and roadside drainage facilities . The City and developing engineer will determine the location of any roadside ditches or downdrains . 8. Developer shall re-establish and monument centerline controls for the roadway as approved by City. 9. Developer shall provide accurate as-built plans for the roadway including plan and profile, culvert locations and invert elevations , berm locations , utility locations , and any other improvement features . 10 . Drive approach cuts and fills will be accomplished along with the subgrade preparation in order to eliminate the necessity of disturbing the completed roadway section when the balance of the driveways are constructed to serve individual lots . A no hcarge grading permit will be obtained and plans showing the location of .the access points will be presented to the Planning Department prior to approval to proceed with this work. 11. Final improved section shall be a minimum of 2" A.C. over 4" of Class 3 aggregate base assuming a traffic index of 4 and a minimum "R" value of 50. 12 . The upper 18" of subgrade shall be compacted to 95% relative density as measured by California Test Method No. 216 or by calibrated nuclear density instrument. 12A. Developer shall maintain the newly constructed portions of Graves Creek and Santa Ana roads for one year after the date of acceptance. Page #3 ( r Road Construction4kreement January 25 , 1983 13. Final pavement width is to be 20 ' with an additional 2 ' required where A.C. berms are placed for drainage control . Aggregate base width would then be a minimum of 241' to accomodate the final pavement section. 14 . Cut ditches shall be paved with 2" of A.C. where the road grade exceeds 10% . 15. It is understood that Gordon T. Davis Cattle Co. also agrees to pay actual costs for City inspec- tion and engineering performed on this project. 16. The roads in question will be accepted for City maintenance when all the steps have been completed. Sincerely; Allen W. Campbell R.C.E. 20244 AWC/ss enc. cc: M. Warden L. Stevens I agree with all conditions outlined in this agreement from Mr. Campbell. 7vs .17 Signed Signed / 1 �- Larx-y McPherson Gor on avis att a Go. Dated � 'lS._�"3 Dated = s goy d. s0i Aloft -4 7qL • �� QOM `.�•• � ---._:�" /\ice. i -,. , ��.�. � --<� .Q `• 62. 60 to CZ � � � - ,. �6`• •,� �: � ( Q',j �c, .� •.;��- ' •--•tet . • �.�`;1•� r'�`'\� V;, ,_. ;1' � `' f r=te �� j•_•---,;,,._,_•i -�-� / 0400 _ A nCOLONY M E M O R A N D U M To: City Council From: Ray Windsor, City Manager , Subject: Public Works Procedures re: Road Improvements Date: September 20, 1989 As you might recall, I recently had request from Commissioner .Luna for a legal opinion relative to the appropriateness of cer- tain procedures followed by the Public Works Department germane to road improvements and the "Master Road Agreement" in particu- lar. Jeff ' s opinion is attached hereto and is clear in pointing out specific deficiencies with respect to our legal obligations in processing roadway improvements . In my discussions with Paul and Henry, we had agreed that, until the receipt of Jeff' s opinion, we would discontinue processing any improvements under the old methods but that such would remain informal until the precise language of Jeff' s opinion was avail- able. I am now, therefore, at a point where I am ready to promulgate a policy which incorporates the procedures which must be followed for these kinds of improvements. Interestingly enough, it was brought to my attention that in July of 1988 a memo was distributed by the Interim City Manager, Bill Hanley, relating to construction project guidelines . Apparently, the memo in question was developed as a result of a City capital im- provement which had failed to follow established procedures applicable to the private sector. However, the statement under GENERAL RULE that "City projects are subject to essentially the same procedures and standards as private projects" makes clear that capital improvements are capital improvements, period. It is my understanding that the issue of procedural handling of certain capital improvements was the subject of discussion by the Planning Commission at its meeting of September 19th and, in light of the growing awareness of this issue, perhaps any addi- tional policy statement with respect to capital improvements, whether roadways or other, should be adopted by resolution of the Council rather than being treated as an internal administrative matter. I would appreciate some guidance in this respect. In addition to the procedure outlined in Bill Hanley' s memo, it would be my intention to reference the reactivation of the staff Development Review Committee under the chair of the Community Development Director for purposes of reviewing all proposed cap- tal projects deemed appropriate for such review by the Community 1 Development Director " and/or the city Manager. In this way, we can minimize the problems . of lack of communication and coordi- nation at the very outset and involve all those departments who may or may not be _affected by an aspect of ,the proposed devel- opment. RW:cw Attachment c: Henry Engen 2 M E M O R A N D U M To: All City Departments From: Ray Windsor, City Manager Subject: Construction Project Guidelines Date: October 3 , 1989 In July 1988 , the Interim City Manager promulgated guidelines for processing City construction projects . However, inasmuch as these guidelines apply equally to private as well as City-initi- ated projects, the administrative directive applies equally to both. A copy is attached for your review and guidance in all future applicable improvements . Concurrent with reissuance of the above referenced guidelines , please note that the Director of Community Development is auth- orized to reconstitute the Staff Development Review process where applicable as a means to provide better overall communica- tion and coordination among affected departments at the time projects are initiated. Such committee meetings will be called at the convenience of the Director of Community Development and will require attendance by a member of the affected depart- ment( s) . Attachment RW:cw (f:constguide) c: City Council Planning Commission M E M O R A N D U M To: City Department Heads From: Bill Hanley, Interim City Manager,,,!l � Re: City Construction Project Guidelines Date: July 12, 1988 PURPOSE: The purpose of these guidelines is to provide policy guidelines to any City department involved in any building activity or capital project development. GENERAL RULE: City projects are subject to essentially the same procedures and standards as private projects . ADMINISTRATIVE RESPONSIBILITY: The Public Works Department shall have the responsibility of administering any capital project approved by the City Council, and must be made a part of the planning process in order to schedule workloads to best accommodate requests . Any department sponsoring a capital project has the responsibility to anticipate the lead time. This may or may not entail preparing plans and specifications leading to construction. In many instances, private architects or engineers will be responsible for preparing Plans for public improvement projects with the Public Works Department being responsible for administering said contracts, going to bid, etc. Client departments, i.e. , Police, Fire, Parks and Recreation, will review proposals for compliance with the intent of the original budget approvals, and shall assist in project coordination, inspection, authorization of change orders, etc. The Planning Division will be available for advice on General Plan, Zoning standards, and site planning. The Building Division will be available for consultation on code requirements and assistance with permit applications. Unless otherwise approved by the Building Official, all plans must be submitted, stamped and signed by a California-licensed architect or engineer. PLAN CHECK AND INSPECTION: The Community, development Department wM provide the same services for City projects as lsdone rcheckingeandpinspection i. e. , permit processing including Plan services except where the project is a public works, road, drainage, or sewer system improvement. Minimum submission requirements shall be as determined by the Building official for the former projects rinvolved ding the the Creview ity glprocess neer r the at shall give high Departments priority to public projects. PERMITS AND FEES: Permit applications will be prepared by either the Public Works Department or the design professional responsible for the project and will not be subject to application fees except when the project is a waste water treatment plaD plant fund project. Develop- ment fees will not be charged public PERMITS - WHEN REQUIRED: As a general guide, any building over 120 square feet and any grading involving more than 50 cubic yards requires a permit under the Uniform Building Code (see attached for exemptions) . On site projects which involve uses not involving buildings, , i.e. , parking lots , outdoor storage, landscaping, tree certain types of signage, plus streets, sewer lines, etc. , should be submitted as a plot plan toivision for withethe eneral aGnning DPlan/Zoning processing to assure consistency Ordinance and other City requirements . CALIFORNIA ENVIRONMENTAL QUALITY ACT: required to have an Any City capital improvement pry tis heCommunity Development environmental determination by Director. Forms for and should dlbetlavailable outbyathe project the Planning Division designer and submitted to the Planning Division for processing. The Planning Division will be available for advice on form content. =NERAL PLAN CONFORMITY: ion or Should a proposed project etail land the Planning Commissionitotthe Ci.tydCouncil tion, a report fromom is necessary, finding that the project is in conformance with the City' s General Plan. PrOcrsed construPublic ction for the7ensuinq�iscal for "planning, initiation, year" also requires review by the planning agency for General Plan conformio Project scheduling neeto take into account both the environmental determination and General Plan conformity report. SITE MASTER PLANS: Departments should have long range site master plans (which may only be conceptional in nature) developed for their public land responsibilities. These plans, upon adoption by the City Coun- cil, will provide a basis for rational capital project decision making and will facilitate the permit review and approval process. HE:PS:ps Enclosure: 1985 UHC Administrative Code Excerpt • G O.•" O u O L u ° G 'C C $ ui ° O w j Tr .v a G c — a �. Nth ta ._ -3Z C6 m 22 43 r u cr C N O v1 y O q•O _ 3 Y u C •N u v U u T S ° .N �; y V as U 0 qj OC O N 7 u C o0 a u u ? Z s N OO• Z N N 2.1 Cl.a U C C tL tj v cl 23 a y v .. u _,_ u ?• O v =� °.� _ � < � u e v u eao o 'OQ- •> G u " � ecy eo' eo 7s V „�>�.� �. C 0 R w ap C a j C°i v O ' .� q OO p •� C �� ._ ` O . L t > V u = 3 ° '°•7 L p.� j7... Ua = c iynuiy ; O _ va ONQO. 9as � OO�. y ; L > 3 U O °'• O� °.V � _Z - .. G O •C O O� 7 " N !. � .O ` O G O ` ap 3 N `0 c w °'c U S w H v � a y'a• C. a " .� .0 'G 0 a. .v `jx3zu � z = is13u .77 « < W G•; 43 ' w r W v 7 = _ Z Al as 3 O 17 a S 7 a`o a >_ j n? .`. 'a a.` J O NCC On La cn C' w u`3 `'� 7 7 u ? CCS 6. go 04 a a7 .`y? C S a x.� N j= •O a so CA C3 sp z cu 06 13 j LCc < a G 7j 2 W w v '7 ;u U G = 3 7 j 7 a V �'G G r :) •'7 •- A w 7 w 3 % 'E N = 3 G ; L 7•= uUt y G 2L x .ar� U ; .� n N G= � ^ � 7 = G O zo- Q = � .J � � �j � -� O j 7 � �� O 3 O + ••J ? � i � w J 3 2a 9 S 44 3 .; c.J y ., g j. V r S3 tir wr�� M E M O R A N D U M To: City Council From: Ray Windsor, City Manage Subject: Regulatory Compliance Date: October 30 , 1989 I am forwarding a copy of a recent memo to me from George Luna because, apart from the fact that I think you should be aware of it, I also want to speak to some ( if not all) of the issues raised. 1 . First and foremost, George begins by referring to a confi- dential City Attorney' s opinion, which he states was a response to his September 5th memo on the "Master Road Agreement. " Unfortunately, George is under some misappre- hension here. While it is true he requested an opinion, under our policy the actual request is made by a department with my approval, and since in this case it involved a Plan- ning Commissioner, the Chairman' s review and consent was also sought. While this may appear at first blush as a technicality and perhaps irrelevant, I don' t feel that to be the case. The opinion was rendered by the City Attorney to me, under confidential notice. This action was deemed appropriate by virtue of the circumstances surrounding a pending personnel action, which, in Jeff ' s and my opinion, deserved to be treated with sensitivity. Therefore, when one later reads of a "complaint that in Atascadero this quote is answered with confidential memos, . . . " (see para- graph 3 of George' s memo) , I can only state for the record that the term "confidential" used here was intended to pro- tect the ultimate rights and privileges of two parties to a potential personnel disciplinary matter and not to provide a mechanism for withholding pertinent information. 2. George goes on in his memo to say, I was led to believe that there would be a complete review and report of proce- dures associated with CEQA and that past and current deficiencies would be corrected. " I don' t know precisely who may or may not have given George this impression, but I assume it was either Henry or myself, and I can state un- equivocally that his understanding went far beyond our intentions . What Henry and I agreed needed to be acted on immediately were: t r ( a) Discontinuance of any and all practices which did not follow legal, statutory procedures for both public and private capital improvement projects; (b) Notice to any and all developers who were currently under way with a project to immediately cease and de- sist all work until legal, statutory compliance was attained; (c) To seek legal opinions ( initially, verbally because of time constraints) with respect to the issues raised by Mrs . Mudgett, Mr. Luna, et al, on the General Plan and particularly Drainage and Flood Control, as well as the matter of the conflict between the existing Zoning Ordinance and CEQA on percentage of slope ( see Attach- ments I and II) . At this point, there needs to be Council discussion on this whole matter because, quite apart from the specific issue of the Gener- al Plan conflict over the "shall" language of a Drainage Master Plan, there is the implication by Mr. Luna that the City should be taking corrective legal, statutory action with respect to those projects which were completed and signed off under prior understandings . To assist in this discussion, staff is preparing a map which will attempt to identify all road projects approved without benefit of CEQA, etc . However, in light of the reliance which was placed by developers in the past on written and some- times verbal agreements , one must question whether any private individual could now be held responsible for completing environ- mental review documents on projects which have been completed and officially accepted by the City. And, perhaps even more important, to what purpose? One last comment: I have already spoken to the issue of "confi- dential memos" . George also goes on to reference "locked gates, sweetheart deals with developers . . . and cover-ups" . The Fire De- partment has specific procedures to deal with gates and monitors these within the limits of its capabilities . After all, while it is regrettable and certainly not condoned, private citizens do violate City laws from time to time, thus such things as illegal grading, construction without permit, tree removal and illegal gate installation on roadways do occur. And, while I believe that staff attempts to exercise due diligence in looking out for such violations , I would also hope the public can understand that it is virtually impossible to constantly monitor activities within a 24-square mile area. Sweetheart deals with developers , I assume, refers to the former practice of using written and verbal agreements as a means to facilitate certain public improvements ( the original Colony sub- division roadways) . As the world now knows , this practice has 2 October 16 , 1989 To: Ray Windsor, City Manager Via: Dennis Lochridge, Planning Commission Chairman From: George Luna, Planning Commissioner Subject: Caesar' s Wife Dear Ray: It has been four weeks since I received the City Attorney' s (CONFIDENTIAL) response to my September 5th memo on the "Master Road Agreement" . I was led to believe that there would be a complete review and report of procedures associated with CEQA, and that past and current deficiencies would be corrected. I realize that some time was necessary to separate the personnel issues from the public ones, but both the Planning Commission and City Council have referred to these matters during Public Hearings . I am very concerned about the city' s timely response to these extremely important public issues . The Brown Act (Gov. 54950 ) states : The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. I sincerely wish to avoid (already heard) complaints that "in Atascadero this quote is answered with confidential memos, locked gates, sweetheart deals with developers which ignore State Law (CEQA) , and cover-ups" . If there has been abuse of discretion, then let the city acknowledge and remedy it. Please consider this memo a formal request for a public report and an Environmental Impact Report. These reports should include those areas of the city covered under past and present road agreements (written or otherwise) which did not conform to the California Environmental Quality Act. per!r MEMORANDUM City of Atascadero October 19, 1989 TO: Henry Engen, Community Development Director FROM: Jeffrey G. Jorgensen, City Attorney SUBJECT: Request for Legal Opinion: General Plan Language Regarding Flood Control and Drainage System Plan Pursuant to your October 11, 1989 memorandum, you have requested a legal opinion concerning the effect of certain General Plan language regarding flood control and drainage system plans (please see attached) . Analysis• The language you have referred to on page 116 of the City's General Plan is mandatory rather than advisory or permissive. Therefore, so long as the language remains in the General Plan, it is a policy statement of the City and the City has an obligation to take reasonable steps to implement it. At the same time, such an obligation needs to be balanced against other practical considerations, such as cost, complexity, and priority of the policy in competition with other City programs. It is quite common for General Plans to contain policies concerning programs and studies which need to be done, or ought to be done, which are delayed because of the budget process or other priorities. Nevertheless, I am assuming that this policy has been in the City's General Plan for a considerable period of .time, perhaps since its first formulation. Although no time period is specified for compliance with the policy, if the above assumption is correct, the City needs to consider whether it would be appro- priate to implement the policy or modify it in some way because of this passage of time. Lacking a specific time line, it is difficult to conclude that the City is not in compliance, although a court could conceivably rule that the passage of time has indicated a failure by the City to move forward in a timely manner. Another issue which arises is the nature of the "systematic study" and "comprehensive flood control and drainage system" referred to in the General Plan policy. The question which arises is whether this contemplates a single study done all at one time, or whether it could be accomplished incrementally as the need arises. Therefore, it could be argued that if the MEMO: Henry Engen SUBJ: General Plan Language October 19, 1989 - Page 2 City prepares major plans for Amapoa-Tecorida and San Jacinto and has programs to complete other areas of the City, which together would constitute a systematic study, whether in fact the City is complying with the General Plan policy. If the position is taken that a single study done at one time must be undertaken, including the design of a flood control and drainage system for the entire City on a road-by-road basis, obviously, a very massive, expensive, and time-consuming project would be required which may be beyond the City's ability to implement because of cost and other practical considerations. Conclusion: This is a grey area. ' Although there are no time lines for compliance, the question really is what is a reasonable period of time under the circumstances. The longer the City delays in addressing the issue, the more likely it is to be subject to criticism for compliance with its General Plan policies. Therefore, it would be my recommendation that the City review this policy and determine whether it should move forward with a single major project, or revise the General Plan policy to more accurately reflect the City's intentions and ability to implement. For example, the study could be broken down into increments by specific areas of the City, the sum of which would constitute the systematic study, the language could be changed from mandatory to advisory, or some other policy deemed appropriate by the City Council. If you have further questions or comments, please feel free to contact me at your convenience. Sincerely, *City tney GENSEN JGJ: fr A:MMATA374 Attachment cc: City Manager M E M O R A N D U M TO: Jeff Jorgensen, City Attorney VIA: Ray Windsor, City Manager FROM: Henry Engen, Community De elopment Director RE: Request for Legal Opinion: General Plan Language Regarding Flood Control and Drainage System Plan DATE: October 11, 1989 BACKGROUND: Page 116 of the City' s General Plan, under a Subsection titled "Drainage Problems Related to Streets" , states as follows : "A systematic study of the Colony shall be made, and a comprehensive flood control and drainage system shall be designed. implementation of such a plan shall be integrated with the program of street 'improvement andexpansion of the sewer improvement district. " In the past the Public works Department has prepared plans for the Amapoa-Tecorida and San Jacinto drainage basins . On road projects, drainage is evaluated as part of the project design with engineering staff evaluating the ability of the design to accommodate area drainage properly. The question has been raised by Mrs . Gail Mudgett and others as to whether the City is in lack of compliance with the General Plan' s language indicating "shall" . QUERY: Could we be interpreted as not being in compliance with this General Plan mandate and, if not, is there time line for such mandatory language? HE:ps L r *1 rTAc CYV 7 MEMORANDUM City of Atascadero October 19, 1989 TO: Henry Engen, Community Development Director FROM: Jeffrey G. Jorgensen, City Attorney SUBJECT: Request for Legal Opinion: CEQA vs. Zoning Ordinance Requirements Relative to Slope Standards Pursuant to your memorandum of October 11, 1989, I offer the following analysis. - CEQA and the CEQA Guidelines set forth the minimum standards which must be met by the City in determining when an environ- mental determination must be made. Therefore, the City cannot establish standards in its zoning ordinance for categorical exemptions which are more permissive than the CEQA Guidelines. The effect of this is that an environmental determination needs to be made for grading which is not categorically exempt under the CEQA Guidelines regardless of what the City zoning ordinance may say, and the provisions contained in Section 9- 4 . 142 need to be revised. In the interim, it is my conclusion that the City can administratively process applications so long as it follows the CEQA Guidelines. The issue of when the City requires precise plans is a separate issue from the environmental determination, so long as there is some procedure for review. Therefore, it is not absolutely necessary for the City to require precise plans for all grading above 10 percent, so long as there is a mechanism for making an environmental determination on grading above 10 percent. Therefore, in answer to your specific question, the City is not compelled to require precise plans for 010 percent slope grading post haste", but is required to make determina- tions for grading above 10 percent. If the zoning ordinance does not provide us with a mechanism for determining when grading will occur between 10 and 20 percent, the zoning ordinance needs to be revised to do so. With respect to your final question whether Section 15061 of the CEQA Guidelines gives the City discretion to define a 20 percent standard, the answer is no. It may be that the City would wish to consider establishing a work program in conjunction with the new City Attorney and affected Department Heads to conduct a comprehensive review, revision, and update of the Municipal Code to make sure that MEMO: Henry Engen SUBJ: CEQA vs. Zoning Ordinance October 19, 1989 - Page 2 its provisions comply with current law. In the past, we have done this on a case by case basis as issues arise, but this is not a particularly efficient way to approach it, and there are concerns that several of the provisions of the Municipal Code may be out of date. At the same time, a comprehensive revision of the Municipal Code would be a timely and expensive process, which should be budgeted for as a separate work program in addition to the City Attorney budget, and the budgets of the affected departments. If you have further questions or comments concerning this matter, please feel free to contact me at your convenience. Sincerely, E FREY ?nney RGENSEN City Att JGJ: fr A:MMATA375 cc �City Manager M E M O R A N D U M TO: Jeff Jorgensen, City Attorvlopment VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Dev Director RE: Request for Legal Opinion: CEQA vs. Zoning Ordinance Requirements Relative to Slope Standards DATE: October 11, 1989 BACKGROUND: Section 15304 of the CEQA Guidelines calls for environmental determinations for grading that is done on slopes less than 10%. The City Zoning Ordinance, on the other hand, under Section 9- 4 . 142, calls for environmental determinations on grading "except for applications that propose grading on terrain with slopes less than 20% and that will involve less than 5,000 cubic yards of earth moving, which applications are hereby deemed categorically exempt from the provisions of CEQA. " The effect of this procedurally is that any grading on more than 20% slopes is subject to a precise plan process involving envi- ronmental determination, notification of abutting owners, and establishment of an appeal period. Frankly, 10% slopes are con- sidered relatively flat hereabouts, but we clearly have a conflict between the CEQA Guidelines and the Zoning Ordinance. QUERY: Are we compelled to require precise plans for 10% slope grading post haste or would it require an amendment to the Zoning Ordinance? Alternatively, does section 15061 of the CEQA Guidelines give the City discretion for defining a 20% standard? HE:ps VJ t ADMINISTRATION BUILDING ..�.. 6500 PALMA AVENUE taseadeia POLICE DEPARTMENT ATASCADERO. CALIFORNIA 93422 PHONE: (805) 466.8000 INCORPORATED JULY 2. 1979 6500 PALMA AVENUE ATASCADERO.CALIFORNIA 93422 CITY COUNCIL PHONE: (805) 466-8600 CITY CLERK CITY TREASURER �►� CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT :OMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCADERO.CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (805) 466.2141 August 31, 1989 Ms. Gail Lee Mudgett 3125 Ardilla Road Atascadero, CA 93422 Dear Ms . Mudgett: This is intended to respond to your letter of August 24, 1989 raising questions about the California Environmental Quality Act and our General Plan, as it relates to the proposed project behind your property. In reviewing your concerns with the Community Development Direc- tor and City Attorney, it was confirmed that landslide area concerns are incorporated in the City' s General Plan. Whenever a person applies for a development entitlement, project applica- tions are referred to appropriate City departments for review for conformity with the City' s General Plan and ordinance require- ments . The Building Division and, where appropriate, Public Works staff inspect properties proposed for development in areas that appear susceptible to soil problems, and applicants are required to submit detailed geological/engineering analyses to prove that they can be constructed safely. In this case, such analyses will be required at the time permits are requested for the construction of homes on the lots comprising the project. With respect to the work that was undertaken recently to clear underbrush in the general area, such grubbing is exempt from Title 8 of the Building Code. The Zoning Ordinance contains Sections 9-4 . 138 (Grading) , and 9-4. 148 (Drainage) , which declare as categorically exempt from CEQA proposed grading on terrain with slopes less than 20; that will involve less than 5 ,000 cubic yards of earth moving. However, the road improvement plans being developed in conjunction with the extension of Ardilla will be subject to a sedimentation and Erosion Control Plan ( see Section 9-4 . 145 ) . Hence, we believe the right measures are being taken to respond to your drainage concerns from development on adjacent properties, including the development of the road. with respect to the future development of the properties up the hill , those would be subject to specific development applications which must; by code, respond to the concerns that you have addrassed. r Summing up, then, before any additional work can be approved by the developer/contractor, he must first submit an Erosion and Drainage Plan intended to address both immediate and long-term runoff; a tree protection and removal plan associated with the proposed roadway; and finally, a road design profile and cross- section from a certified engineer as specified in the engineering agreement for this work. All of these are now being addressed and once they have been reviewed by us, will be shared with you and your neighbors . Someone will be in touch with you again in the near future. Sincerely, RaeyJWindsor City Manager City of Atascadero RW:HE:ph CC: City Council Planning Commission Henry Engen, Community Development Director Jeffrey Jorgensen, City Attorney Paul Sensibaugh, City Engineer Bill Barnes t� f 41FORM BUILDING CODE : 1985 EDMON APPENDIX luired. Chapter 70 ln.e EXCAVATION AND GRADING gas and oil shall not be' ie to control such lines by' � Purpose Sec,7001-The purpose of this chapter is to safeguard life,limb,property and r spaced exits from a fallout the public welfare by regulating grading on private property. or outdoors.Exits from the Scope l i width for every 200 shelter Sec.7002. This chapter sets forth rules and regulations to control excavation, .4 inches wide. grading and earthwork construction, including fills and embankments: estab= E fishes the administrative procedure for issuance of permits; and provides for allout shelters shall have a approval of plans and inspection of grading construction. Permits Required Sec. 7003. No person shall do any grading without first having obtained a he case of dual-use fallout grading permit from the building official except for the following: se shall govern.except that 1. Grading in an isolated,self-contained area if there is no danger apparent to private or public property. 2. An excavation below finished grade for basements and footings of a build- 1 five loads for floor design in ing,retaining wall or other structure authorized by a valid building permit.This per square foot except that shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet after the comple- don of such structure. -om the normal water supply 3. Cemetery graves. 3 on the basis of one toilet per 4. Refuse disposal sites controlled by other regulations. filets may be provided outside 5. Excavations for wells or tunnels or utilities. ty be considered as fulfdliag 6. Mining. quarrying, excavating,g. processing, stockpiling of rock, sand. gravel,aggregate or clay where established and provided for by law,provided such operations do not affect the lateral support or increase the stresses in or i pure upon any adjacent or contiguous property. 7. Exploratory excavations under the direction of soil engineers orengineering �•_--_ . I geologists. S. An excavation which(a)is less than 2 feet in depth,or(b)which does not .T` + create a cut slope greater than 5 feet in height and steeper than one and one-half ' ' horizontal to one vertical. W 9. A fill less than 1 foot in depth and placed on natural terrain with a slope i flatter than five horizontal to one vertical,or less than 3 feet in depth,not intended "-7 to support structures,which does not exceed 50 cubic yards on any one lot and does - i not obstruct a drainage course. j Hazards - - See. 7004. Whenever the building official determines that any existing exca- vation or embankment or till on private property has become a hazard to life and s! ! ° limb.or endangers property,or adversely affects the safety,use or stability of a ' ' Public way or drainage channel, the owner of the proper upon which the -xcavation or fill is located,or other oerson or agent in control of said proper,, �L - 763 805/434.1834 TWIN CITIES ENGINEERING INC. CIVIL ENGINEERING & SURVEYING ALLEN W. CAMPBELL RCE 20244 June 13, 1986 Mr. Paul Sensibaugh Public Works Director City of Atascadero PO Boc 747 Atascadero, CA 93423 RE: Road Construction Agreement Portions of Atascadero Colony (See attached map) Dear Mr. Sensibaugh: in accordance with discussions between Gordon T. Davis Cattle Company and the City, the following is a summary of our under- standing of the procedures to be followed for the improvement of the roads shown on the attached plot plan. 1. Developer to enter into an inspection agreement with the City to reimburse City for actual inspection costs . 2. Every attempt will be made to maintain the constructed road at its mapped location. Centerline monuments will be referenced prior to rough grading. 3. Developer will rough grade the roadway using information supplied by developer's engineer and a qualified soils lab , approved by City , will take representative compaction tests at developer' s cost and furnish the results to the City. 4. City Engineer' s office will make an on-site inspection of the completeed rough grading with developer' s engineer. Adjustments will be made on recommendation concerning roadway grades and site distances . Cut and fill slopes will be examined at the time along with proposed location and size of drainage structures . judgements will be based on well-recognized standards and practices . Drainage calculations are to be submitted to City prior to the field inspection. ice. :. L� V1 P.O. BOX 777 . 200 MAIN STREET . TEMPLETON. CALIFORNIA 93466 Page 2 . Road Consturction Agement. Davis 6-13-86 S . All underground utilities shall be placed prior to paving. Trenches are to be adequately com- pacted with appropriate backfill material . 6. Developer shall place aggregate base. This work will be inspected by the City and will require compaction tests to be furnished by developer verifying the satisfactory placement of these materials.. 7. After basing, City will review erosion control work and roadside drainage facilities . The City and developer' s engineer will determine the location of any roadside ditches or downdrains . 8 . Developer shall re-establish and monument centerline controls for the roadway as approved by City. County standard monument well at road intersections and on long tangents , 5/8" rebar with metal caps at all other locations . The monument wells are also to serve as bench marks with elevations shown on the As-Built Plans . 9 . Developer shall provide accurate As-Built plans for the roadway including plan and profile , culvert locations and invert elevations , berm locations , utility locations , and any other improvement features. , 10 . Drive approach cuts and fills will be accomplished along with the subgrade preparation in order to eliminate the necessity of disturbing the completed roadway section when the balance of the driveways are constructed to serve individual lots . A no charge grading permit will be obtained and plans showing the location of the access points will be presented to the Planning Department and a field review of the driveway location made prior to approval to proceed with this work . The driveway grading should be kept to no more that 50 c.y. 11. Final improved section shall be a minimum of Z inches A.C. over at least 4" of Class 3 aggregate base. The structural section is to be based on a traffic index of 4 and the R-value of the sub-base soils . 12 . The upper 18" of subgrade shall be compacted to 95% relative density as measured by California Test Method No. 216 or by calibrated nuclear density instrument. Page 3 Road Construction Agreement Davis 6-13-36 13. Final pavement width is to be 20 feet with an additional two foot required where A.C. berms are placed for drainage control. Aggregate base width would then be a minimum one foot outside the edge of pavement. Also an additional two foot of A.C. widening with adequate tapers will be required where sharp horizontal curves are encountered. � . 14. Cut ditches shall be paved with 2 inches of A.C. where the road grade exceeds 10% . 1 15. It is understood that Gordon T. Davis Cattle Co. also agrees to pay actual costs for City inspec- tion and engineering performed on this project. 16 . Developer will maintain roads for one year after date of acceptance. 17. The roads in question will be accepted for City maintenance when all steps have been completed. 13 . Generally the roads are to be developed in accordance with the attached phasing plan. The stages of the work is to take place , such as tree removal , grubbing , rough grading, etc. prior to start of construction. Sincerely, Allen W. Campb 1 R.C.E. 20244 AWC/pas enclosure cc : Henry Engen I agree with all conditions outlined in this agreement from Mr. Campbell . Signed L5Signed I /i C�-� Paul Sensibaugh Gordon T. Davis Cattle Co . Dated 8/�a6 Dated P -'Z `"i� T� — j� ` 1-�/ ,,'• --f/ "�! ` ;s� . may- •-, , �� - � br Q—" Cos G i\lam • - ;/' �1. i���•// ///�' -I�IJy/ �� l i r--- � �: � �1 a\ •"� =\ � �.,•o ,\ . � � a � • CEL'_�l l r '/';\ �� - • - tOAM 44 is cp CNI `t •° �- ! / � � 'Y `� " ' - owl o •- � � ,~ \ 1'.� •/'" 7•' �»jam • " �' ••-•'vim -�"�`—�—t�T ' _-� —�_.._._.•s ,' .y '• _ ,�,.� : - � �; r. � ;•� � rr rr O �•t 0 (D tO f°7 October 4, 1989 Ms . Gail Lee Mudgett 3125 Ardilla Road Atascadero, CA 93422 Dear Ms . Mudgett, This is to respond to your September 13th letter to me and your September 26th presentation to the City Council regarding your concerns relative to drainage, erosion and seismic hazard in relation to Ardilla Road. Ray Windsor, City Manager, has had various affected departments research the questions posed in your communications , and follow- ing are responses to specific questions : ( 1) Authority over Public Works Director: Regardless of whatever comments were made by the Public Works Dir- ector, please know that all department heads report directly to the City Manager and operate within the authority of ordinances and policies set down by the Council . The annual budget approval by Council does establish a fiscal program for all operating depart- ments, but, regardless, Council always retains ultimate authority over the actions of staff. The Planning Commission has a unique role in that it acts and rec- ommends on a wide variety of projects and has some independent discretion, too--for example, the ability to disagree with or amend conditions of approval on use permits that might be offered by various departments, including Public Works . ( 2 ) Safety Element: The City has complied with the General Plan and its documentation and policies with respect to seismic safety. The sale of lots is not subject to the California Environmental Quality Act (CEQA) . The dev- elopment of lots , however, may be. Since no project is being proposed on the area identified as Landslide 7 , no action is as yet called for by the City. However, when someone seeks to develop at this location, or in other places identified as a seismic safety hazard Gail Lee Mudgett October 4 , 1989 area, special soils reports or geological studies will be required. (3) Grading ordinance: As explained in Ray Windsor' s let- ter of August 31 , 1989, it is still the City' s position that no grading permit was required for the grubbing undertaken on property uphill from you. The argument here appears to be what, in fact, constitutes grading, as defined by ordinance. Staff' s opinion remains that the initial work on Ardilla still meets the intent of the law. The Section 1 that you cite provides for an exemption from the grading permit when grading is done "in an isolated self-contained area if there is no ohis danger apparent to private or public property" . would allow for large-scale grading, not exempt from Subsections 8 or 9 in this Section, 7003 . The effect of your interpretation would mean that anyone who disced land as part of the weed abatement program would be subject to CEQA and require a permit. The City does not take that position_. (4) CEQA/Slope Criteria: The generalized slope map in the General Plan shows the properties in proximity tosyour house as being over 30% slope. Any grading ed in sufficient magnitude on that slope area will require an environmental determination. A Precise Plan will be required for construction on slopes of over 20%, pursu- ant to our Zoning Ordinance. (5 ) September 13th letter: As I indicated at the Council meeting, I was out of the country for a week and did not have the opportunity to review your letter prior to the meeting. However, I was informed by staff that they were following through with answers to your con- cerns and was assured that no additional work would be permitted by Mr. Barnes unless and until he had com- plied with the various applicable ordinances and statutes . Let me just say that, in response to the issues raised in your series of communications to the Planning Commission and Council, the following have occurred: ( 1) The City Attorney has, in responding to a request from a third party, researched the City' s practice of prior road otphat they exemptnfromrCEQA. Asn a ddetermined t result, the improvement are n 2 Gail Lee Mudgett October 4 ,- 1989 of Ardilla will be processed under CEQA, albeit and regrettably after the initial work has begun. ( 2) Approval of road CltrOvement plans will beand requiredpbefore rotec- tion plan by the Y Council any further grading can occur. (3) As part of the environmental review process, the appli- cants will submit a grading and erosion control plan, together with a geologic study. Gail, while it may appear to you that Council and staff have been unresponsive in this issue, I can assure you that nothing could be further from the truth, as reflected in text of this letter. Sinc_ rely, 6 LIN D XTER Mayor c: City Council Planning Commission Henry Engen, Dir. of Community Development Jeff Jorgensen, City Attorney Gary Sims , Senior Civil Engineer Steve Decamp, Senior Planner Bill Barnes 3 �lV1EETfN SATE r 'i l��SEAGENDA � M E M O R A N D U M TO: City Council FROM: Henry Engen, Community Development Director RE: General Plan Language Regarding Flood Control and Drainage System Plan Language DATE: November 6; 1989 BACKGROUND: The attached legal opinion has been received in response to our request for same on the issue of the General Plan' s language indicating that a "systematic study of the Colony shall be made and a comprehensive flood control and drainage system shall be designed" . ANALYSIS: Although a detailed work program would have to be designed to generate accurate estimates of the cost of doing such a plan, a ball park figure of $100,000 would not be unreasonable. Hereto- fore, the engineering staff has prepared drainage plans for the Amapoa-Tecorida sub-basin area and for the San Jacinto sub-basin area. The former led to special fees to pay for planned improve- ments and the latter is on the shelf due to cost implications of implementation. on private projects where applicants are af- fecting drainage (whether roads or building construction) , applicant' s engineers are required to submit, for staff review and approval, analyses showing that proposed improvements would accommodate drainage resulting therefrom. In effect then, comprehensive designs have been done for specific problem drainage basins in the built-up area of the City with individual projects being required to do sub-basin analyses for the design of such features as culverts, etc. It would be my opinion that pursuit of a City-wide detailed drainage master plan is not a high priority item. In fact, the probability is that even with such a plan it would not provide the detail some people would expect without driving the costs to an astronomical level . This issue has arisen from RS (Suburban Residential) locations but the General Plan (p. 49) states the following for Suburban Services Areas : "Services to be provided are similar to the Urban Services Area, except for the exclusion of sewers and drainage. " • 0 . The attached memorandum► from Gary Sims evaluates our drainage situation and offers suggestions for thoughtfully dealing with the problem. Should, however, the Council wish to pursue an RFP and generate firm cost figures for such a plan, it would take probably three to four months to go through such a process . This is a major effort that is not in this year' s budget. Alternatively, the General Plan Update provides a timely opportunity to re-think the language within the General Plan and to clarify the lang- uage accordingly. RECOMMENDATIONS: That the City Council schedule a study session with the Planning Commission to discuss this issue on Tuesday, November 21 , 1989, at 7 : 30 p.m. HE ph Enclosure: Gary Sims' Memorandum of November 6 , 1989 Legal Opinion of October 19 , 1989 Request for Opinion - October 111 1989 CC: Planning Commission Ray Windsor, City Manager Gary Sims, Sr. Civil Engineer Steve Decamp, City Planner Bob Fielding, Chief Building Official MEMORANDUM TO: Henry Engen November 6, 1989 VIA: FROM: Gary Sims SUBJECT: General Plan - Drainage Master Plan Recently you requested comments concerning the usefulness of contracting for the preparation of a drainage system master plan. I have the following comments . General Comments 1 . Most of the land area within the boundaries of the City is characterized by steep, localized ravines with only a few major creeks . Most of our drainage facilities are small culverts with small upstream drainage areas. Most of the ravines remain fairly steep all of the way to the receiving creeks, resulting in few flat flood plains . Thus, there are few large scale basins to be addressed by a master plan. 2 . The creeks, Atascadero Creek, Graves Creek, Paloma Creek and the major tributaries, are characterized by relatively steep, well defined channels . The flood levels in these channels have already been addressed by the FEMA maps . The detailed bridge hydrology studies for three sites along Atascadero Creek, one site on Graves Creek, and one site on a tributary to Graves Creek, have demonstrated that these flood estimates are fairly accurate up to and including the 100 year flood predictions . 3 . Development within these flood prone areas is usually not feasible because the flood waters are generally confined to the creek channels . Where projects are proposed within a major flood plain, a detailed study will be required to address the particular characteristics of the project . Rural Drainage Improvements and Conflicts 1 . Most of the rural drainage facilities include small diameter culverts beneath roads . These culverts typically drain a very small area . 2 . It will rarely be feasible to construct urban style storm drain systems, directing flow parallel to the roads, for two reasons . First, the rural roads typically run across steep slopes, resulting in frequent changes in road grade . Second, the density of the development is too low to make storm drain systems economically feasible . Diverting water from historic drainage swales is usually not economically merited. 3 . Most of the conflicts between property owners and between the City and property owners results from development within these historic drainage swales and attempts to limit the flow within these swales . It is not likely that a master plan will be able to foresee or address these conflicts . Urban Drainage Improvements and Conflicts 1 . Currently, the City has control of, or maintenance responsibility for, few of the large drainage swales or drainage culverts within the urban areas . The City' s responsibilities have been largely restricted to maintaining small culverts beneath the roadways . 2. Implementing subsurface storm drain systems to current design standards within the urban areas would be extremely expensive . It is likely that this could only be accomplished through the formation of assessment districts . It doesn' t appear that this level of expense would be merited except in a few cases where open channels adjacent roadways could be replaced with underground storm drains, i .e . , along La Linia. 3. Because of the typically steep slopes within the City, most of the roads are fairly well drained. 4. One area that could use a drainage master plan is the densely populated Sinaloa, Santa Ysabel , and Sombrilla region. This area is characterized by a maze of surface flow accommodations with no thought to downstream impacts or comprehensive street improvements. Drainage Policy General plan statements concerning drainage policy would be beneficial and some guidelines are definitely needed. Included below are some of the potential issues . Perhaps a few of these items would be better addressed by City ordinance. 1 . Building or filling within surface flow and watercourse swales should be prohibited unless the drainage impacts can be mitigated. Most of the conflicts between the City and landowners concerning drainage result from Pact deve1opmento within drainage swales . It is likely that most of the negative impacts can be mitigated if the requirement for mitigation is identified. Mitigation might include the identification of formal drainage easements or constructing improvements so as to allow future increased flows within the swales . 2 . Actively pursue a policy of identifying and documenting useful drainage easements in conjunction with new development . 3. Actively pursue a policy of identifying and restoring drainage courses that have been filled in. There are many street culverts in the City that now discharge well below the ground surface because of downstream filling. 4. Grade new developments to drain 50 and 100 year flood waters to the streets and maintain street flood routes to the watercourses . Identify low lying developments along these overflow routes that require diking or protection. 5 . The responsibility for the maintenance of drainage swales, easements and facilities should be clearly delineated. A frequent dilemma is whether or not City crews should work on private property to clear the approaches to street culverts. 6 . Within the constraints provided by the State Department of Fish and Game, the City should have the authority to conduct stream bed and stream bank maintenance operations necessary to maintain open flood channels. 7. Clearly delineate those watercourses that are intended to be left in a natural riparian state . Because of the rapid advance of development it may already be too late for this . It would be useful in dictating how drainage swales are to be maintained. Enclosures : CC : END M EMO RAN D U M TO: Ray Windsor, City Manager November 2, 1989 VIA: Henry Engen, Community Development Director FROM: Doug Davidson, Associate Planner SUBJECT: Tract 1057 (Dovica) The meeting in your office on November 1, 1989 revealed that Tract 1057 encompasses many planning and engineering issues. The conditions of approval for Tract 1057 were established by the Planning Commission on September 7, 1982. A brief history of how the City has reacted to changes in State law and recent court decisions will show that indeed, the decision on the subject subdivision would be quite different were it proposed today. Since 1982 the City has established development standards and environmental guidelines by the adoption of a Zoning Ordinance, Subdivision Ordinance, and CEQA Guidelines. Zoning Ordinance In 1982 the City was still operating under the County Zoning Ordinance. This set a minimum lot size of 2. 50 acres for properties in the western part of the City, such as Dovica' s. The City Zoning Ordinance adopted on June 27, 1983 established a minimum lot size for this area of 2. 50 to 10 acres depending on certain performance standards, such as slope, access, and soils suitability. In other words, lots with steep slopes and poor percolation rates have a much higher minimum lot size than level lots with good soils tests. Under the current criteria the minimum lot size for the Dovica Tract is 3. 40 acres. Thus, what was an eleven (11) lot subdivision in 1982 would be an eight (8) lot (maximum) subdivision in 1989. Subdivision Ordinance In addition to lot size, the design criteria for subdivisions has also been greatly modified since 1982. Prior to the adoption of the City Subdivision Ordinance on February 9, 1988, the City relied on an antiquated County Ordinance. The current Ordinance requires special findings to approve the creation of flag lots (Flag lots are lots situated behind another lot and having access to a street by the narrow or "flag" portion of the lot) . The Planning Commission has scrutinized each request for subdivisions of this type. A quick look at Tract 1057 (see attached) shows it to contain two flag lots. Although this is more subjective than the lot size criteria, it is safe to assume that the lot layout of Tract 1057 would be different under current standards. i • f Environmental Review State Law, Court Cases, and City Policies In light of our meeting yesterday, the environmental review process is the fundamental aspect of your inquiry. The California Environmental Quality Act (CEQA) became law in 1972. The law has evolved over the years, and consequently, the City has become more stringent in its environmental determinations. The most noticeable City reaction has been the adoption of Resolution 1-86 on January 13, 1986, which adopted City guidelines for the implementation of CEQA. A common practice in 1982, and for several years thereafter, was to condition projects, such as Tract 1057 , to provide grading and drainage plans. The policy of the City Engineer was to allow bonding of required drainage, road, and other improvements. Hence the current Dovica situation; a map has recorded, legal buildable lots have been created, residential construction is underway, and the drainage problem identified seven years ago (see Map conditions #10 And #15) is still not mitigated. Based upon this and other similar situations, it became clear to the Planning Division that drainage and road improvements needed to be completed before the map recorded and construction commenced. Likewise, to determine what drainage improvements are required necessitated the submittal of drainage plans during the project review. How can the Community Development Department issue an environmental determination if it does not have all the necessary information? The Engineering Division iso now under these guidelines and procedures. Although this environmental review policy was entrenched by 1988, a California Court of Appeal decision in 1988 firmly reinforced it. You do not need to be a land use attorney to realize the significance of Sundstrom v County of Mendocino for review of development projects (see attached MCCutchen Update) - In summary, the court found that "determining mitigation measures after, rather than prior to, the adoption of the negative declaration conflicted with CEQA' s policy requiring review at the earliest feasible stage in the planning process. " Furthermore, the court determined that "reliance on a future study improperly removed review of the studies from the CEQA process, precluding public scrutiny and review by other agencies. " Conclusions This overview documents that procedures have changed regarding the processing and approvals of subdivisions since 1982. An 11 lot subdivision of two and one-half acres each could not even be considered today because the minimum lot size in this location is 3. 4 acres. Thus, under the current Zoning Ordinance a maximum of eight parcels could be allowed. Furthermore, the flag lot standards of the Subdivision Ordinance would probably further reduce the number of lots and could change the lot layout. Finally, the environmental review procedures have been strengthened through adoption of City guidelines for the implementation of CEQA. These procedures call for review of grading and drainage plans as a part of the initial application with the necessary improvements being completed prior to final approval. DD:dd Attachments: Tract 1057 (Location Map) Tract 1057 (Tract Map) Tract 1057 (Conditions of Approval) McCutchen Update EXHIBIT A — LOCATION MAP , (z CITY OF ATASCADERO TENT. MAP AT: 820325, 1 5"'�"1•'�nr /e 1Ni+ 7 ARDILLA & BALBOA ROADS COMMUNITY DEVELOPMENT DOVICA/CENTRAL COAST ENG,; DEPARTMENT SITE: ARD I LLA & BALBOA ROAD`.H) 1. I /to S 1 1 � li yob O qL� t sr ol 11 y �b 0 i L( i 11 �� R a L(FH) \ o 'ft4ai n ,l I EXHIBIT B -- TENTATIVE MAP �I ��, 117, ... . CITY OF ATASCADERO TENT. MAP AT: 820325 S� �T�t itis .. t� A. ,—„- ARD I LLA & BALBOA ROADS —L� 'CADP�: COMMUNITY DEVELOPMENT DovICA/CENTRAL COAST ENG, � ;up, DEPARTMENT •.4- ��_I j�Ji , ` r .r, I r PICAL stcrnw /•.'•M .,, I 1 1 1 .1 1�',-, \—r 't Y1GIM YL �`,� :�' 1 '!.'�'� ! � ; i+ i / j ; �' : .''. 1; ' ~'�. ��^'%� o1rNCA7 tfafantl�t• t .i '; � w'. !.r %' ; •�: ,.• ':..ter.---.:: ��•' � ...:�w��_R_`'':`'.�� .. S \•t •• , i• 1 1 +� j iI , '•' '� �" �yid'� .....�'...:w."'...""....r.�...r..+...a 5 .{. to �c. !�• use•' )) Y i •L' ti .• !� �ESG'nrE'£w�tfw)Yitlsl+ j, _ �sris`� .... A11►s _l j•7. v"''r..+"�'i�iw �':.'..+wnrr. � ..s.r.��e��\t\•�,w _ `. :.�:f f f� .�..! ,_�'r�"'�•-'tj�. �i Ci.��.��i rri�' '•1 :Jt• �••1\�b \�:• _«.:.�'.'%a• { -Z:7!7 �� �"''' �%.•sYy �•�'~%r� t wO++s••'SMN .7 �i„ a 1�,4� '�'`�.y.• '_'•/r •d�' i`.� _J�.�- �-'MN�,�•�'•'�'r', 'I / •w"..':wnuaar.r •i.:: }9 •�� t / + :�'.._. 4'•+ .ortwltrtsltuw.rtoawrn,&.4 -•a �.�✓.. ...1.__ � rc`� „r •♦ :•{• ere - TENTATNE MAP •�•. i:y y. t �.•aa•4 ` •.iy .,1�.. _ TRACT NQ IWT •l :y fr srero w lssK�t' 7.•._ 1 '', ___— -- .r.......�F.•r.r�..rwr 1 i IMnrR .n• .}' �•Y.t�r...,.;.w.�.�w'..`..w.�i�r ��• lw• r � �,• www �r�irrr.rwwrwrs ( + �j��"�'g1l�'!S•�4'�i'.�+�tSt.,w�f�1�:Y[1''"i.,.:'i: "+��'w,y,;' _,. .� � - . . ...• ,Dw.�N�rf.L/it. . w. ..- t EXHIBIT D - Conditiotof Approval Tentative Tract Map AT 820325 Ardilla & Balboa Roads Dovica/Central Coast Engineering September 7, 1982 Conditions of Approval 1. Private sewage disposal systems will be an acceptable method of sewage disposal if reports, tests, and design are acceptable. All tests, reports and designs shall conform to methods and guidelines prescribed by the Manual of Septic Tank Practice and other applicable City ordinances. The following shall appear as a Note on the Final Map: "Appropriate soils reports including a percolation test, a test to determine the presence of ground water, and a log of a soil boring to a minimum depth of ten (10) feet shall be submitted to the Atascadero Planning Department prior to the issuance of a building permit on each lot. Where soils reports indicate that conventional soil absorption systems are not acceptable, City approval of plans for an alternative private sewage disposal system, designed by a Registered Civil Engineer, shall be required. Depending upon the system, more restrictive requirements may be imposed" 2. Water shall be obtained from the Atascadero Mutual water Company and water lines shall exist at the frontage of all parcels prior to filing of the Final Map. 3. other utilities available to the area not already in place shall be extended underground to the front of each parcel prior to recordation of the Final Map. Any utility easements are to be shown on the Final Map. 4. Drainage and erosion control plans, prepared by a Registered Civil Engineer, shall be submitted for review and approval by the Planning and Public Works Departments prior to issuance of building permits in conjunction with the installation of private driveways. A Note to this effect shall be placed on the Final Map. 5. Plan and profile drawings of proposed individual driveways shall be submitted for approval by the Public Works and Planning Departments in order to determine average grade and appropriate improvement .requirements at the time of building permits. If average :lope exceeds 12%, paved improvement would be a requirement at the time of application for a building permit. otherwise, an all-weather surface would be required similarly. In no event will driveways be allowed which exceed 20% in slope. Driveways shall be improved to a minimum width of twelve (12) feet with a minimum vertical clearance of fourteen (14) feet. In the event any portion of the driveway shall be shared, improvement of that shared portion shall be a requirement made in conjunction with the first building permit. Notes to these effects shall appear on the Final Mag. 6. The common access easement serving Parcels 3, 4, 5 and 61 shall be paved with a minimum 2" AC on adequate base prior to recordation of the Final Map. a. The easement may be reduced to 25 feet in width but shall have adequate width to accommodate 16 feet of paving and any utilities. b. Parcels 4 and 5 shall take access from the common easement only. A Note shall be provided on the Final Map to indicate that these parcels are prohibited from having individual driveways on Balboa Road. 7. Ardilla Road along the entire property frontage shall be constructed to City standards with a twenty (20) foot paved section (22 feet where drainage control berms are provided) along Ardilla and with three (3) feet of graded shoulder on each side of paving. a. Improvements are to be constructed under an inspection agreement and encroachment permit issued by the Public Works Department. b. Improvement drawings, including improvements to control drainage and erosion within the road right-of-way, shall be submitted to the Public Works Department for review and approval prior to recordation of the Final Map. C. Any dedications necessary along Ardilla shall be made in conjunction with acceptance of the road. 8. The applicant shall upgrade the existing fire hydrant on Ardilla. The size, type and manner of installation of hydrant will be as required by the Fire Chief. A letter from the Fire Chief certifying the installation of required fire hydrant shall be submitted to the Planning Department prior to recordation of the Final Map, unless deferred, in which case the letter shall be" submitted prior to final inspection and acceptance of the roads. a. The applicant shall contribute to a partial reimbursement for the hydrant installed on Graves Creek Road in conjunction with Parcel Map AT 80-109. The amount of the reimbursement shall be determined by the Planning Department. 9. The existing concrete slab located on proposed Parcel 9 shall be removea'"prior to recordation of to Final Map. 10. A drainage plan to resolve the drainage and ponding problems along the property frontage on Graves Creek Road shall be submitted to the Public Works Department for r3view and . approval and any required improvements shall be installed prior to recordation of the Final Map. a. Improvements are to be constructed under an inspection agreement and encroachment permit issued by the Public Works Department. 11. All drainage swales shall be indicated on the Final Map. 12. Effort shall be made to minimize grading that would be disruptive to the natural topography and removal of existing, mature trees. The following shall appear as a note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appropriate permit and compliance with applicable City ordinances. 13. All pipeline and other easements of record shall be shown on the Final Map. A letter shall be submitted from each utility company indicating the nature and extent of any building restrictions. A Note so stating such restrictions shall appear on the Final Map. 14. Roof materials for all structures shall be Class C rating or better and a Note to that effect shall appear on the Final Map. 15. Improvements required by Conditions 6, 7, 8, and 10 may be deferred for a period not to exceed three years by entering into an agreement. Any such agreement shall include a bond, certificate of deposit or similar improvement guarantee acceptable to the Public Works Department. 16. Prior to recordation of the Final Map, the applicant shall pay for a portion of the City Capital Improvement Program for the reconstruction of Balboa Road; said funding participation to be in the amount of $5, 689.46. 17. A Final Map in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City 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 submit a letter certifying that the monuments have been set prior to recordation of the- Final Map. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the Final Parcel Map. 18. Approval of this Tentative Tract Map shall expire two years from the date of this approval unless an extension of time is granted pursuant to a written request prior to the expiration date. Mccut*chen Update September 24 , 1988 l.c,;al (.Ic%.clOpmcnts of imp(Jrtancc tO our clicn(s Court of Appeal Tightens Requirements for CEOA Review, Limits Use of Negative Declarations A condition common to many development project approvals is additional environmental review, to be undertaken after an Environmental Impact Report or negative declaration is adopted for the project. A recent California Court of Appeal case has limited the situations in which this kind of subsequent review may take the place of environmental review during the CEQA process . In addition, the case narrows those situations in which a negative declaration may be Used 1n I-i'mi-t of an EIR. Under this case, the absence of evidence of adverse environmental impact may no longer be enough to justify adopting a negative declaration. Instead, an EIR is likely to be required unless there is adequate information showing that a development project will not have a significant effect on the environment . In Sunds rom v.--County of Mendocino, 202 Cal . App. 3d 296 (1988) , a developer sought to build a motel and restaurant in a small town on the northern California coast. The proposed development included a private sewage treatment plant. The County issued a use permit for the treatment plant, adopting a negative declaration under CEQA. A neighbor challenged the approval, claiming that the negative declaration was adopted improperly. The Court of Appeal agreed, finding that the County had violated CEQA. Among other procedural issues, the court looked at two County actions requiring environmental review after the County' s adoption of the negative declaration. First, the court rejected the County' s approach to handling possible hydrological problems associated with the project. Rather than addressing these concerns as part of the CEQA process, the County required that the applicant conduct additional hydrological studies as a condition to the use permit. These studies were to be approved by the Planning Commission and its staff and were to provide a basis for establishing mitigation measures for the project. The court found that determining mitigation measures after, rather than prior to,. the adoption of the negative declaration conflicted with CEQA's policy requiring environmental review at the earliest feasible stage in the planning process. The court also found that this reliance on a future study improperly removed .-review of the studies from the CEQA process, precluding: public scrutiny and review by other agencies. zn Francisco san Jose Walnut Creek Washington.D.C. Shanghai nrcc Emlrarratlero(:enter Starket lkw,rower.Suite 15(X) 1855 Uhmpic Bnwktiant bird Fla)r 7tteVlillard Office Bwltlinl,.,Suite650 Rui Jin Building„Suite 2(X)I 1455 I3nns�hania.'.tenue,V.W 205 Mao MingN)uth Road Sin ftrictwo.California 94111 55 South Ntarltet Street Pa+t Office Box V i.People's Republic of China lf!'-phone 015)393•_'0110 Stn J(rsc.Caliti rnu 95113 Wrlnut Creek Calilbrnw 94i)6 Alimttinl4on D.C.-'(X)4)4 S1�nKha P � litcs 34(NI MACPAG Telephone(408)947-8-+00 l'elrptwnc(415)93'8(X N) TclepMme(202)628•-11X)0 Telephone 336201 Ftcsinule(;1.t1 anal III Teles 30181 St%(SN(:.'I Psimilr GI,11 acrd tll facsimile Gl,It and 111 1'11:11Ir1nIe Oil,11 and 111 � � 1 � fat.:vimde GL II anti 111 (♦!5)393.2-180 (-tlXi)9a'•8500 (415)930-231X1 (_0_)6..8.01_ Facm1 Second, the court examined the degre*o which the anticipated exercise of another public agency' s regulatory authority may excuse the lead agency from making its own inquiry of environmental effect. The court found the County' s condition that a sludge disposal plan be approved by the Regional Water Quality Control Board and the Department of Public Health an unacceptable substitute for the County' s review of the plan under CEQA. While the court agreed that a condition requiring compliance with the environmental regulations of other agencies is a reasonable mitigation measure where the lead agency has "meaningful information" justifying an expectation of compliance, it rejected this approach where, as in this case, there was no basis for such an expectation. In addition to these pronouncements on CEQA procedure, the court found that an inadequate initial review of potential environmental impact will make an EIR rather than a negative deularoulun mu.Le llkCly tU be rt--qui-Led. 1!te CUULC LILeLaLed that an EIR is required when there is substantial evidence that a project may have a significant impact on the environment, and that this standard is met if it can be fairly argued" that a project may have such an effect. The court stated that while the "fair argument" must generally be based on substantial evidence, this requirement should be eased if the administrative record is not adequate. According to the court, an agency should not be able to "hide" behind its failure to investigate potential environmental effects . The court indicated that in the absence of substantial evidence showing why adverse impacts will not occur, a fair argument that they might occur need not be based upon substantial evidence. The court applied this approach in addressing, among other issues, potential changes in vegetation resulting from the project. The neighbor challenging the adoption of the negative declaration claimed that a significant environmental impact might result. Although indicating that this charge was not supported by substantial evidence, the court pointed to the fact that it was not controverted in the record and, thus, amounted to a fair argument. In light of this decision, those concerned with the level of environmental review given a development project chnul,ri be eeaary that ua.-..n..oc-v-i--Icnca of i+vta►at23+ adverse environmental effects may not be enough to support a decision to adopt a negative declaration. There may also need to be substantial affirmative evidence in the record that significant impacts will not result. For further information, contact Daniel J. Curtin, Jr. , Stephen L. Kostka, M. Thomas' Jacobson or Jennifer S. Rosenberg of McCutchen' s Walnut Creek office at (415) 937-8000. M E M O R A N D U M To: City Council From: Ray Windsor, City Manager' Subject: Graves Creek Drainage Date: November 7 , 1989 I am referencing communications from Mr. & Mrs . Berry and Fred Frank, as part of this particular subject, in order to maintain as complete a record as possible in our ongoing attempts to find some amicable and feasible solution to this issue. The Berry' s believe that the answer lies in a storm drain, which is addressed elsewhere by Gary Sims . In the absence of such an improvement, Mr. & Mrs . Berry are stipulating to conditions which are impos- sible to guarantee under any reasonable circumstances . For Council ' s information, the City presently has two Drainage Funds : Amapoa-Tecorida, which has accumulated fees to date of $130 , 000 , and Miscellaneous Drainage Projects , which is expected to have approximately $200, 000 in accumulated fees by ,lune 30, 1990 . From this latter fund, Council has already budgeted $94, 248 for the San Andres project, which would leave about $107 ,000 for other miscellaneous drainage projects, including Graves Creek. we estimate that the Graves Creek project, as proposed by staff, should not exceed $20,000 . RW:cw ( f:GrvsCrkD) Attachment 1.9 75 .itascadero it C:, t-raber 17 1989 To dhom It May concern.. City of Aaocader-) R7: Drainage Plan For Cur ;Lea; Balboa Rrl. s Ardill a ?fid. 9 Grn.v(-':- Creed: The foj1O-.rijz - j)i.lzts :;iu�:t be i.rclu"'.-d in tl'.'a Vrainage pian. They muat be in :'rritiiig and :are no negro�iau1 1 The plan sh�?1 'ne a?e _:r Pew e, ani�.izl:�, trees and structures. 2. The elan grill not to eP the v^'ue t0 i sur ;1c�;t�a' and :pro;:erty.. 3. el'he elan is anesthetically ya:uablc in^r.:veuun. t which Preserves the natural beauty of the ax-er.. 4. he clan iz erosion free. 5. The nlan doe:, not deLtroy the tutura potential of this land to ou_r child,^::n and the City of �itascadero; and does =tot ��rgven the feature develo-ment of the rro'?erty at above address, 5. The -clan will Arevent additional drainage water over our rrr ,-erty from new devole.menta no j and in the future. ' e .area City nowt and we v1sh to have sur City rrc tact the 41 rod re a owner by carrying drainage water down and through its streets and not khrough valuab�e private vate -ro n erty. Sine arae. t S es h. and Dols terry cc: City of Atascadero .. C3ty--:Council ss n PjBNti.ng P til-ja librk•3 Director Community Develo].xent Director City VAnager /ed 0 COPY FOR YC,. ADMINISTRATION BUILDING «+INFORMATIG,., 6500 PALMA AVENUE taseadel® POLICE DEPARTMENT ATASCADERO, CALIFORNIA 93422 PHONE: (805( 466-8000 INCORPORATED JULY 2. 1979 6500 PALMA AVENUE ATASCADERO, CALIFORNIA 93422 CITY COUNCIL PHONE: (805) 466-8600 CITY CLERK CITY TREASURER "'+• CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCADERO.CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (805) 466-2141 Mr. F. F. Frank Hidden Springs Tree Farm November 1 , 1989 3,202 Monterey Road Atascadero, CA 93422 Subject: Culvert installation across Graves Creek Road from the property of James A. Berry Dear Mr.��F / I / In your letter of October 11, 1989 you requested accommodation_ with 12 requirements in consideration of providing the City wito: a drainage easement. This letter is a response to the twelfth and final request which is as follows : 'tAn additional culvert across Graves Creek Road on the drainage south of the Balboa intersection, as discussed in the letter from Engineer Paul Sensibaugh of September 14th, shall be replaced by an adequately siced culvert no later than. January 1991 . " As you are aware, it was our intent to install the additional culverts this year as part of our drainage improvements program. We have since been thwarted in our efforts because of uncertainty over the road right-of-way location and disputes concerning the nature of upstream improvements . We would like to comply with your request but the outcome of current negotiations and investi- gations is uncertain. Despite these limitations, we can commit ourselves to pursuing the following course of action: 1 . The City will hire a registered surveyor to clearly delineate the alignment of Graves Creek road within the project area. 2. Following the survey and prior to culvert installation, a meeting will be proposed between the upstream prop- erty owner, yourself and the City staff. At that meeting, we will attempt to identify culvert locations that will be agreeable to all of the involved parties . S r Mr. Y.F. Frank Ncvember 1 , 1939 3 . if there is sufficient room within the right-of-way to install a culvert headwall without compromising traffic safety, the City will install the culverts across Graves Creek Road. If there is insufficient room, then the outcome is uncertain for two reasons : First, the Berrys may or may not consent to the granting of an easement to allow the installation; second, it is not guaranteed that the City Council would pursue condemna- tion of a drainage easement. We hope that the. steps proposed in this letter will demonstrate our i.ntant to proceed with these drainage improvements within the limits of our authority. We share your belief that a drainage Graves Creek Road and appreciate your as- problem exists across Grasistance in completing the improvements necessary to eliminate the problem. S rely, WI, SO Ity nager GS:RW/cw ( f:Frank. 2) C: Don Leib, superintendent of Public Works Henry Engen, Director of Community Development HIDDEN SPRINGS TREE FARM 3202 Monterey Road Atascadero, CA 93422 October 11, 1989 Gary R. Sims Senior Civil Engineer Dept. of Public Works City of Atascadero 6500 Palma Ave Atascadero, CA 093422 Dear Gary, RE: Graves Creek Road Culvert Thank you for meeting with me to discuss the conditions of our agreement for installation of culverts across my parents property. We are anxious to get this long delayed project finished. As I suggested, we are most concerned that the- drainage is installed before heavy rains occur, since the reputation of our tree farm would be severely tarnished if our customers had to walk through mud while choosing a tree. My parents will agree to provide the needed right of way subject to the following conditions. ** Purchase 50 ft permanent right-of-way across 11-D for $1.95 per sq. ft (This is the city's appraised value of lot 11 plus a 1% per month inflator) . ** Additional 5 ft working. right-of-way plus creek reservation would be provided free of cost. ** Large pine trees to be removed will be cut into 18" lengths and stacked at site. All trees, limbs and other debris associated with construction will be cleaned up and hauled away upon completion. ** Woods chips or similar mulch will be used to cover at a depth of 1" all disturbed soil. ** Fence will be replaced. ** Any trees damaged or removed outside the working right- of-way shall be purchased at $25 each. 1 1 ` , ** The 104 trees within the working right-of-way shall be purchased at $12 each. (An independent registered professional forester has estimated the value of the trees within the proposed right-of-way based on selling price and years to maturity. ) ** Any pipes cut, removed or damaged will be repaired in kind and a 3" valve installed on the main line to allow for use during construction. ** All work on the above culvert installation shall be done in conformance with currently accepted engineering practices. ** The outfall of the culvert shall be protected with rip rap placed in a manner that will ensure minimum stream disturbance, and minimize harm to adjacent sycamore tree roots. ** Small willows and debris obstruct distancethe ogc50nft1 of the creek shall be removed for a from the culvert outfall. ** An additional culvert across Graves Creek Road on the drainage south of the Balboa intersection, as discussed in the letter from Engineer Paul Sensibaugh of September 14th, shall be replaced by y1an adequately sized culvert no later than January I hope we can proceed quickly on this matter. If you have any questions please contact me at 466-2220. Sincerely, F. F. Frank r IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE DRAINAGE EASEMENT ---------------------------------------------------------------- THIS OFFER TO DEDICATE, made the day of November, 19891 by FRED H. FRANK and WANDA M. FRANK, hereinafter termed Offerors: WHEREAS, said Offerors desire to make an offer to dedicate, irrevocably, to the public, an easement, for drainage purposes, which offer may be accepted at any time by any governmental entity which has the power to establish, construct and maintain drainage facilities. NOW, THEREFORE, said Offerors covenant and promise as follows :. 1 . That said offerors are the owners of the following interest described below: That portion of lots 11C, 11D and Graves Creek Reservation Number Four in Block 17 of the Map of the Atascadero Colony as shown on that plat filed for record in Book 3AC of' Maps at Page 17 in the Office of the Recorder, County of San Luisa Obispo, State of California, said portion being a strip of land 15 feet wide lying northerly of the following described line.. 2. That said Offerors do hereby irrevocably and in perpetuity offer to such governmental entity a dedication of a public easement for drainage purposes and incidental uses upon- the following described property: Beginning at the northwesterly corner of said Lot 11D; thence- along the northerly boundary of said Lot 11D South- 73. 09, East a distance of. 140 . 00 feet; Thence departing said boundary South 43 09' East. a distance of 50 feet more or less to the. easterly boundary_ of said Lot I1D, said point also being_ on the westerly boundary of said Graves Creek Reservation Number 4; Thence- South- 73 09' East a distance of 37 feet. The side. lines of the 15' fbot easement are to be lengthened or shortened' to meet at angle- po-ints.., 3 . That said Offerors agree that said offer of dedication shall be irrevocable and that such a government- entity may, at any time in the- future; accept said offer. of- dedication. Page- - 1- 4 . That said Offerors agree that this irrevocable and perpetual Offer to Dedicate is and shall be binding on their heirs, legatees, successors and assignees . IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offerors on the day and year first above written. FRED H. FRANK WANDA M. FRANK (Notarized Signatures Required) Page. - 2 ME rIOR A N D UPI P3 7f Ray Windsor November VIA: Erigen ;-Henry7 FROM-. Gary Sims SUBJECT Drainage across Lot owned by fames A. and Dolores Berry LOCATION Balboa and Graves Creek. Road CANT: During the recent California Council of Civil Engineers & Land Surveyors ciourse on drainage law a nucilber cl+ concepts directIv a p p 1 J (--:.a b to ti-1e Berrys" case were d i sc ussed. These concepts a -4 daress. whether or not 'the Ci-ty has incurred increased liability toy a lowit-IQ improvements related to Tract 10--5' to be constructed W::I.t h(n(..t t (-I)-.1i.-ti ga t i 1-1 g :.i11 o the downstream impacts. 'The imiprovement<, installed or proposed to be installed that WOUld Potentially ini-rease the downstream flow include the following. 1 . The number-- of lots within the Tract 1057 boundary was increased from fi' ve to eleven, resulting in a net of si,' lots. All of the si.,,- additional lots do nodrain to the water COUrSe across the Berrys' property. It appears that there is an increase of three lots that drain to the drainage course across Berrys' parcel . H CL11 de sac was constructed, reSUl-t-ina ip increased impermeable Surface area. The net increase is di +ficul t -to determine because it is likely that the CUI de sac replaced potentialy extended driveways. The 30 inch diameter Culvert beneath Ardilla road was replaced with -a 48 inch diameter Culvert. This, perhaps, decreased the detention characteristics provided by Ardilla road. The potential drainage impacts include the -Following. 1 . There w-.. 11 be slightly increased magnitudes of flow across downstream parcels, including the Hidden Springs Tree Farm and the Berrys' property. This increase in t-ii.agnitUde resin t s from the J ncrease in impermeable surface ail, ea rest.t"i i I Q I ro(-ii construction of homes and T roads. 0 2. upsizing the culvert beneath Arai i1a road, adjacent to Balboa road, may or may not have reduced the detention character provided by the Ardilla road alignment. 1. There will be slightly increased Vooding across Graves Creek road because of the potential increase in flow. The flooding and erosion problems at the road already existed before the Tract 1057 improvements. it is the City. Staff ' s opinion that the path of drainage water across the Berrys' property can be considered as a "watercourse, '' as opposed to "surface water. " A "watercouse" can be considered as a stream, containing a definite bed, banks and channel but not necessarily wet year round. From the topography of the site the stream route is clearly defined. "Surface water" is water diffused over the surface of land, or contained in depressions therein, and resulting from rain, snowy or which rises to the surface in springs. Surface water has not yet reached a water course. At some level of flow the existing ravine will be surcharged and "flood water" will be released. "Flood water" is water that has escaped from a watercourse. The question of the existence of a watercourse is often one of fact to be determined by a jury or the court. in the past, court decisions have permitted man-made changes in improvements to a natural watercourse so long as the improvements follow the natural drainage of the topography and there is no diversion of the water from the watercourse. Also, increased flows in a natural watercourse, as the result of upstream development, have not resulted in liability upon upper landowners. Recently cases have been subjected to a "reasonableness" test. The actions of upper and lower landowners must be "reasonable. " The California courts are now tending to favor a case by case "factual " determination. Thus, there is potential liability if a court subsequently finds that the upstream developer, or the public agency approving the upstream development, acted unreasonably. in the City' s case there are two aspects to this. Is the City acting reasonably in installing or permitting to be installed culverts upstream and downstream from the Berrys' property? Does the City have liability for allowing increased flow to the Berrys" property as the result of permitting development of the upstream watershed? In response to the first question it would be hard to sustain a position that installing culverts beneath streets, within an existing watercourse, is acting unreasonably. it could be argued that by upsizing one of the culverts upstream from the Berrys' site we decreased the detention characteristics Of the road crossing but on the other hand street culverts are neither designed or intended to serve as detention structures. The public has an interest in preserving streets by installing adequate culverts. They are installed to convey the water benea-'Ch the str�_=,et, thereby avoiding tj-.-:t++ic hazards: and street damage. The second questir-in is More difficult CO answer because it involves CELLA as well as drainage law. In the past, increasing the +10w in an e--fisting water course as the result of upstream development clearly would not have resin ted in liability to the developer or the permitting agency. On the other hand. according to CEGA, off site negative impacts must be considered for mitigation. In issuing the negative declaration for this project the off site drainage impaci'-*s were presumably identified as the contribution ti.:) existing -Flkooding and erosion along Graves Creek road because of the lack: of adequate Culvert capacity beneath the road. The +1 ood i n q across Graves Creek road was considered s--:, Qnj.+ic,Rnt, The mitigating actions are to install -additional CUI VfertS beneath Craves Creek road. Presumably, the small incr;:ase in the potential pE?ai..-: magni tude of +Iowsq or in -the e'.,treine case, of flood waters, +Iowl nq across Berrys., property resulting from -the creation of adds tJonal lots upstream was not considered significant. Installing cul-verts to relieve the overflow across Graves Creek road will decrease flooding along the +rontaLge of the Berrys' pr .4-- -'y , the roadway, the Hidden Springs Farm, and the plav-C-0. 1 adjacent to the Berrys' -to the south. %/ if this projec+- wv ere to be reiewed today, it is 1k:e 1 ' that the and result Would be the same, i . e. , the mitigating action would b( to install culverts across Graves Creek road. The timing of the installation of improvements and the Method of implementation would be different. 1. The improvements would be required to be installed before recording the T`Lnal map. 2. The City Would attempt to have the developer coordinate all of the construction activities and easement acquisition rather than have the Director of Public Works serve as a "middle man" or negotiator. As a course of action to complete the Tract 1057 project and to Mitigate the identified significant impacts we recommend the following cot..tr-se of action. i . Conti nt te with the current negotiations with Mr. Frank to obtain a drainage easement for the culverts to be installed by Larry Roberts. Assist Mr. Roberts in 4 inch of installing the two 2 Rchiev.ing 1-1 i 7= goal i� culverts as designed by Central Coast Engine--r4nq. Hire a registered surveyor to clearly delineate the alignment of Graves Creek road within the project area. This is in response to threats by the Berrys' that they will initiate litigation if any road work is done along their frontage on Graves Creek road. T. Following the survey and prior to culvert installation. propose a meeting between the upstream property owner, yourself and the City staff . At that meeting we will attempt to identify culvert locations that will be agreeable to all of the involved parties. 4. if there is sufficient room within the right of way to install culvert headwalls, in front of the Berrys' parcel , without compromising traffic safety, the City should install the culverts across Graves Creek Road. If there is insufficient room then the outcome is uncertain for two reasons. First, the Berrys may or may not consent to the granting of an easement to allow the installation. Second, it is not guaranteed that the City Council would pursue condemnation of a drainage easement. We are currently pursuing tasks I and 2. it is likely that Mr. Roberts' culverts will be installed in the near future and a meeting has been scheduled with Volbrecht Surveys to initiate the surveying of the Graves Creek road right of way. Enclosures: CcC END ADMINISTRATION 9UILDING 6500 PALMA AVENUE a sea en® POLICE DEPARTMENT ATASCADERO, CALIFORNIA 93422 PHONE: (805) 466.8000 INCORPORATED JULY 2. 1979 6500 PALMA AVENUE ATASCADERO.CALIFORNIA 93422 CITY COUNCIL PHONE: (805) 466-8600 CITY CLERK CITY TREASURER CITY MANAGER - FIRE DEPARTMENT ADMINISTRATIVE SERVICES DEPARTMENT 8005 LEWIS AVENUE COMMUNITY DEVELOPMENT DEPARTMENT ATASCADERO.CALIFORNIA 93422 PUBLIC WORKS DEPARTMENT PHONE: (805) 466-2141 PARKS AND RECREATION DEPARTMENT .r. September 14. 1989 Fred Frank 3202 Monterey Rd. Atascadero . California 93,422 Re : Drainage Culvert across Graves Creek Rd. into Graves Creek Dear Mx. Frank: The drainage culvert for the Dovica Tract is scheduled tbe e installed between Septe—ner 20 and Jct-ober 10 . The culvert will be a 43" concrete or equivalent PVC or Polyethelene, poszibly 36" . Tie easeme.^.` t^rough your property to Graves Creek `�` ill be esse^t1a lY para. lel t0 e northerly DT property line and will 1 be more precisely h, described in the easement which we will negotiate in the next week or two . The general terms o` "-*he agreement will be (a) a legal description, (b) payment for the land based upon the appraisal obtained for the bridge easement on Monterey Rd. , with an escalator applied. (c) payment for all pine (C:;ristmas) trees removed or damaged– probably at $12 per tree on the average. (d) future maintenance of the cu_vert by the City, and (e) correction of the drainage from the Berry IL property across Graves Creek Rd. by the City. I look forward to coming to an agreement soon for the easement across your property. If 1 have misinterpreted anything from our conversation of 9/11/89 or if I have not addressed any issues which we could agree upon. please do not hesitate to contact me . Tnark you for your anticipated cooperation in this matter. Very Truly Yours . , Paul M. Sensibaugh, Direc�or of �,�bl is arks/ C.I� � ung=neer :)a-,,- Y.:i(�. :r. I.iri :tanager 1 M E M O R A N D U M To: City Council From: Ray Windsor, City Manager Subject: Growth Management Date: November 3 , 1989 A personal , long-time friend and a four-term+ Councilmember in Escondido, recently sent me the attached, since he felt it might be of interest to us as we struggle with this whole issue of growth management. I hope you will take the time to read it, because some, if not all , of the concepts are relevant, recog- nizing that every community has its own unique character and problems . Directing growth through concepts like "tiering" is now common in many areas in California. However, in light of the language of our General Plan, which states : "It is not in accordance with Atascadero' s development policies to fill up the core before the lands to the west and south are built upon" , it would seem timely to rethink and perhaps redirect our development priorities . I have said a number of times in the past (most recently at the last Homeowner' s meeting) that Atascadero is most fortunate to have what, in a sense, is a built-in growth management plan by virtue of having been subdivided into large, rural residential lots as part of the Colony creation in 1913-14, and to have a General Plan which acknowledges and perpetuates this underlying philosophy outside of the Urban Services Area. Then, as I pointed out in my memo requesting support for an RFP for a fiscal model, once the Planning Commission and Council have given direction to maintain the basic premise of the original Colony subdivision, there are basically two considerations which impinge on the whole growth issue: 1 . The integrity of established land-use densities . In other words , whether or not there will be major modifi- cations to the plan through amendments . 2 . The rate at which growth occurs, speeding up ultimate build-out . With respect to =1 , this would primarily hinge on the degree of commitment by the Planning Commission and Council to the land-use t r policies and densities reflected in the final General Plan Up- date . As far as n2 is concerned, this is both a function of the total permits issued and/or allowed within any given time period and/or the City' s ability to provide adequate levels of service . Now that the issues of response times, slope and roadway stan- dards , air quality, noise, seismic safety, etc. , as they relate to and are affected by cumulative impacts , have surfaced within the context of continuing lot split and parcel map applications , primarily to the west, it would seem timely to have Council ad- dress the following: 1 . What level en f environmental ? ;review should be factored into the G a. A full EIR on the total Plan? b . A focused EIR for a designated area or areas? C . The issue of a Master Drainage Plan? d. The timeliness and efficacy of continuing to coop- erate, because of economies of scale, with the County for the Noise, Safety and Seismic Safety Elements? e . What interim measures to apply in addressing emer- gency response times while awaiting completion of the Fire Master Plan? 2 . As a corollary to Item #1 , it will also be necessary to discuss and give direction on ways to fund any or all the relevent questions raised, whether by development fees on a formula pay-back method or some other revenue measure outside the existing General Fund sources . There may well be other issues to be aired beyond these, but, re- gardless , I believe there is sufficient substanceand urgencyon for to warrant having the Council set aside a study is purpose. I also feel that, because it impinges on the General Plan and its land-use policies, it should be a joint meeting with d this the Planning at Council may selectada convenient mtime for to such x sucha agenda so that Co meeting. RW:cw Attachment 2 (619) 741-4638 Of E Co A, pip U O �'. JERRY C. HARMON Councilman aa. MEMORANDUM 201 N. Broadway Escondido, CA 92025 To: Jerry Harmon From: Randy Mellinger Subjects Development Fees and the General Flan Process As you are aware, the growth management aspects of the general plan revision process include basic quality of life standards to cf ..tc.rmine minimum facilities and service levels, a more detailed community facilities element based upon these standards and input from various department and division heads, and the growth management element to essentially direct the implementation of the general plan in a strategic manner. The Growth Management Oversight Committee has recommended a system establishing a tiering concept in relation with the land use plan which will result in a maximum buildout of 150-165,000 people. To make this recommendation, the GMOC reviewed the studies summarized in the note I delivered to your office. The capital facilities are essentially provided by the impact fees we have received with past and currnt development and the fees to be established after the general plan is adopted. Additional funding for capital facilities will arise from other sources such as Proposition "Ate funds or perhaps facilities assessment districts formulated in the adoption of the tier plans. The increase in quality of life standards will result in increased development impact fees both community-wide and within the various urbanizing tiers. Currently, the department and division heads are reviewing the studies by Hughes Heiss (service levels) , Hamilton Rabinovitz and Alschuler (fiscal ) and Jerry Ogburn and Assopciates (draft community facilities policies) and will provide their recommendations within the next couple of weeks. The GMOC based their recommendations on input from these consultants, the citizens poll of 500 registered voters (a very large sample) and staff recommendations. The primary fiscal impact upon the City is related to operations and maintenance as opposed to facilities. In addition, state law does not allow for new development to pay for impacts beyond those created by the development in the absence of a development agreement . The tier plans will recognize the increased standards as well as closely looking at the actual needs and impacts of new development on both a community-wide and neighborhood basis. This will result in increased development fees since past development has created deficiencies in current standards and the .e fact that the standards will likely be increased to more acceptable levels based upon the citizens poll , testimony at the r r cf i. Y In terms of the total number of fire stations, community centers, proactive police patrol and neighborhood parrs, the recommended standards by the GMOC are less than the average of the other cities but are higher than current levels. In addition, the traffic standard recognizes the impacts of past development and while traffic flows may not meet the most desirable levels, the levels will likely be better than those in the more urbanized areas surveyed. There are other traffic improvement programs Such as Transoortation System Management which will be included in the ;ne structures. A question typically arises as to what the specific dollar figures will be. Since each of the urbanizing tiers will have its own ;Pe structure due to needs unique to the specific neighborhood, the fee will be dependent upon the subarea facilities plans. Since development impact fees are based upon the actual cost of facilities, they will be determined by the subarea plans and community-wide needs. The fiscal analysis has been based upon existing fees and revenue sources. Once the general plan is adopted, the community-aide facilities and service level needs will be evaluated and the neighborhood needs will be developed with the subarea facilities plans. The bottom line is that fees will certainly increase considerably since standards will lively be increased and deficiencies will no loncoer be acceetable as in the past. However, those paying the fees , the new homebuyers or renters, will realize facilities and services either concurrent to or shortly after occupancy as opposed to the large time lags which occur under the existing, less strategic System. Furthermore, the existing population will finance increased standards through assessments or general fund diversion since state law requires that new development cannot pay for deficiencies. The GMOC recommendations do include the use of development agreements to pay for deficiencies in return for timing and density considerations as approved by Council . However, these cannot be counted upon too heavily and AP I600 requirements will require existing development to pay a fair share. �,ocid Planning to the Fescue - the EsccIndido General Plan Like Southern California as a whole, San Diego County has e xperiencec4 tremendous growth pre Sures since the early 8011. Since 1980, an average of 5-4r (_)()cr new persons per year have been added in San Diego L-Ount y, and last year over eo, 000 persons were added. One of the areas of strongest growth pressures in San Diego County is inland north County, extending along the I-15 c=orridor from the City of San Diego into Poway and Escondido. The City of Es1_ondido alone grew from about 70, i)OO in 1'383 to 95, 000 in 1988. The impacts of this kind of growth began to manifest themselves in terries Of overcrowded sc=hools, traffic snarls, and increasingly hostile political battles over rezoning of semi-rural areas to urban density residential devel opnIent . While the political battles over growth in Escondido paralleled those occuring throughout the County, a major turning point in Escondido occurred in June 1988, when a slate of slow-growth candidates replaced the previous pro- growth majority on the Escondido City Council . The new Council majority had run on a platform which was based in large part on a citizens initiative 1-.`nOwn as the Quality of Life Initiative. The quality of life initiative included: 1 ) a stringent cap on residential building permits, in the range of 400 - 600 units per year . This compared with an average of over 2000 units per year built over the previous three years. 2) a maximum buildout of 150, 000 to 165,000 in the City' s general Plan area, compared to a buildout in the current plan o f over 200, 000. 3) Ten quality of life standards which set performance standards for traffic , parks, and other urban services, as well as environmental quality standards. 4) Standards for commercial and industrial develOpment, which were intended to minimize the growth inducing impacts of new industrial development On tfle community, and to recognize what was widely viewed as an Overbuilt retail market . Within a month of their election, the new Council majority voted to adopt all of the key provisions of the quality Of life initiative by ordinance. While this was a very clear and direct statement of policy by the COUnci1 , they rec,:Ignizcrd that in the loncg tern, it: w07-Uld be better to I' incorporate these Policies into the i'i_ ty+ ,-� -eneral Flan. There were at least three reasons for taking this approach: 1) they recognized the importance of having a legally defensiblelgrowth management program, and were advised that the strongest legal approach would be to integrate growth management policies in the General Flan; 2) they recognized that while the overall policy framework in the initiative was sound, rezfinements could be made as part of the General Flare review process; 3) they were advised that the process of incorporating these policies into the new General Flare, with bread-based public participation and opinion-gathering, could actually strengthen public consensus on these policies arid ensure that were implemented and enforced over time. The City had recently completed a year-long update of its General Flan, the first in 17 years, which allowed the City staff to utilize a great deal of research and review which had already occurred. Therefore, the City Council appointed an eleven member citizens committee, rlarnied they Growth Management Oversight Committee, and charged them with the following tasks: 1 ) to reduce the residential holding capacity Of the draft Flare from 185,000 to the range of 150, 000 to 165, 000 population; 2) to review and refine the quality of life standards, and include them in the new General Flan; 3) to evaluate commercial and industrial land use designations in the General Flan to assure that a long-term balance between jobs -Arid housing is achlei ved; 4) to develop a workable and legally defensible residential growth management program. From October of last year through August of this year, City staff and a team of consultants worked with this committee to address each of these issues. Tile consulting studies included: 1 ) a management analysis of the proposed service standards for police, fire, parks and recreation, and other City services; 2) an economic analysis of the 10'--al and subregional supply and demand for retail , industrial , and office space over the next 10 to 20 years; a public opinion survey regarding participation rates for various types of park and ,pen space facilities, and community attitudes about open space conservation; 1 4) a fiscal impact analysis which evaluated the fiscal health of the City and school districts under various long- term scenarios and service standards; It 5) analysis of traffic impacts of various land use and growth alternatives, using a computerized traffic model developed by SANDAL; 6) finally, and perhaps most important , reports by 'Freilich Stone, a firm specializing in land use law, and City staff which set forth a proposed growth management strategy for the City of Escondido. A total of 25 meetings and three major public forums were held with the GMOC, each of which was televised over the local cable access channel . GMOC took: several field trips to review land use proposals, and met with officials from other cities to discuss different types of growth management policies. The end result of this effort was the preparation of a revised draft General Plan that was superior to previous efforts in a number of important ways: 1 ) GMOC realized at the midpoint of their review that the previous draft Plan had lacked a "vision, " a long-term view of where the community was headed and what it wanted to be. Therefore, the Committee reviewed and revised the goals and objectives of the Plan to set forth a clear vision for the community. This "vision statement" helped the Committee to focus on agreed-upon goals as it developed specific policies for tdhe General Plan. 2) In revising the Land Use Element to reduce the residential buildout, the Committee did not use a "meat-ax" approach, but carefully reviewed the land use and density designations throughout the General Plan area. A strong emphasis was placed on preserving the c=haracter of existing neighborhoods, and in controlling density as a means of preserving significant topographic= features and environmental resources.. 3) The revised quality of life standards were in many cases simply refinements of those in the initiative; in other cases the committee suggested expanded requirements, or more easily quantifiable standards. These standards will be reflected in a Community Facilities Element, whic=h will set forth long-range policies and plans for all major public services in the City. K 4) In reviewing the industrial and commercial land use designations, the committee relied on economic and fiscal studies which indicated that a more strategic approach should be taken to new commercial development , given the overbuilding of certain general retail uses. With regard to industrial , they found that new industrial development would not significantly benefit the city from a fiscal standpoint , and they reduced the amount of new industrial land in areas where land use compatibility problems had been painted out . 5) The committee decided to place a much greater emphasis cin open space planning, giving the Open Space Element equal status with the Land Use Element and Community Facility Element , and inc=luding a specific open space concept map in the General Flan to give it stronger emphasis in planning decisions. E) Finally, the Committee recommended a Growth Management Element for the new General Plan. The proposed Growth Management Element is based on the concept of "tiering" of development , in which a City sets forth differential policies regarding development in various geographic subareas, or "tiers, " of the General Flan area. GMOC recommended three basic tiers; urbanized, urbanizing, and rural . However, GMOC extended the tiering concept in several ways which will make it a more effective means of implementing the General Flan: a) the tier boundaries were related to identifiable neighborhood and community boundaries, and were carefully defined by their existing and future characteristics. For example, in the urbanizing tier , a distinc=tion is made between "urbanizing neighborhoods, " which will typically have urban density development , and urban services such as sewers and neighborhood parks; and "transitional areas, " which are semi—rural in character and will likely develop without sewer service and ether "urban" type services. b) growth management policies reinforce these community characteristics; for example, the policies discourage the construction of new schools in transitional or rural areas, where urban services will not be available. c) the growth management element requires the adoption of subarea facilities plans for each neighborhood in the urbanizing tier. These plans will require estimates of facilities needs at buildout , siting of major facilities and open space areas, and a financing plan for new facilities prior to any additional development occuring. In areas with beth City and County jurisdiction, both the City Council and Board of Supervisors will be asked to adopt these plans, to ensure coordinated planning and financing of facilities. d) the tiering concept is designed to encourage in-filling of partially built-out neighborhoods prier to allowing development in specified outlying areas. However , the plan also desigyate s permanent rural and transitional areas, where urban development will never be permitted, and public fac=ilities will not be extended. This differs from many tiering plans which designate future urbanizing areas" or "urban reserves? " a sort of no-man' s land which creates ung_ortainty and false expectations. The end result of UMOC, s effort has rivet all of the City Council ' s expectations; they have forwarded a plan that is legally defensible, factually sound, and has already developed a strong base of community support . However , perhaps even more gratifying is that they took it upon themselves to develop a plan with a vision, as well as a means of acheiving that vision. They have moved from the mechanistic approach of many growth management plans, which are based solely on numbers, and toward a plan that describes the future of Escondido in human terries, and then shows how that future can be realized. Presented by Bob Leiter , Community Development Director , at seminar on "Avoiding Land Use Litigation, " held at UCLA on September 20, 1905. Ll c. c9 N CAR(_ A ie -PC YDom0c'c; (61; ^j 'pto4 1 OPENING : 19 g 5 2 WHEN RAN FOR A COUNCIL SEAT IN ESCONDIDO ) 3 ABOUT A YEAR AND A HALF AGO , I DECIDED TO DO (Y '-a W 7-/+ 4 SOME RESEARCH ON THE TOPIC OF WOMEN IN 5 POLITICS . 6 7 WELL, THINGS ARE ARRANGED AT THE LIBRARY 8 THROUGH THE DEWEY DECIMEL SYSTEM THAT LISTS 9 RELATED ITEMS ONE AFTER ANOTHER, LIKE, 10 FLOWERS ARE NEAR TREES . 11 12 TRUE STORY : I FOUND THE BOOKS ON WOMEN IN 13 POLITICS RIGHT AFTER THE BOOKS ON BLACK 14 MILITANTS---BUT BEFORE THE BOOKS ON 15 ANARCHISTS . 16 SEEMS LIKE DEWEY HAD A POLITICAL POINT OF 17 18 VIEW. 19 WELL IN THE YEAR AND A HALF , I 'VE LEARNED 20 THAT THE BIA HAS ITS POINT OF 21 VIEW. . .GENERALLY SPEAKING , IF YOU HAD TO 22 CHARACTERIZE SLOW GROWTHERS , I REALIZE YOU' D 23 LIKE TO PUT US RIGHT AFTER THE ANARCHISTS . 24 25 IT' S MY HOPE THAT IN THE NEXT TEN MINUTES , I 26 CAN CONVINCE YOU--THAT SLOW GROWTHERS--JUST 27 LIKE WOMAN--HAVE CERTAIN POSITIVE VALUES . 28 1 0 1 TA EN JERRY HARMON, KRIS MURPHY AND I TOOK 20 FICE IN ESCONDIDO IN JUNE 1988 AS A SLOW OR 3 NAGED GROWTH SLATE , THE CITY HAD SOME 8 ,000 4 H MES IN THE PIPELINE . AT THE SAME TIME , WE 5 H D ONLY 7 , 600 SEWER HOOKUPS AVAILABLE . 6 7 If SEEMED PRETTY CLEAR WE WERE ON A COLLISION 8 C URSE. . .THE IMPACTS OF UNBRIDLED GROWTH WERE E IDEN/r, NOT JUST BY THE SEWER NEEDS , BUT 10 11 ALSO BY THE OVERCROWDED SCHOOLS , TRAFFIC 12 SNARLS , AND THE INCREASINGLY HOSTILE 13 POLITICAL BATTLES OVER REZONING OF SEMI-RURAL 14 AREAS TO URBAN DENSITIES . 15 16 WE STARTED TO MAKE THE CHANGES WE HAD 17 CAMPAIGNED ON. . .AND WE FOUND IT WAS LIKE 18 TRYING TO TURN AN OCEANLINER AROUND . YOU CAN 19 TURN THE ENGINE OFF , BUT THE SHIP KEEPS GOING 20 FORWARD . AND , IF YOU TRY TO TURN TO 21 QUICKLY , YOU LOOSE MEN OVERBOARD . 22 23 WHILE WE DID ENACT AN IMMEDIATE MORATORIUM, 24 WE GRANTED 300 HARDSHIP EXEMPTIONS TO 25 DEVELOPERS WHO WERE ABLE TO PROVE THAT THEY 26 WERE HANGING ON THE RAILINGS . 27 28 1 1 THEN , WE REVISITED DEVELOPMENTS THAT WERE 2 RUSHED THROUGH BY THE PRIOR PRO-GROWTH 3 COUNCIL AS PROTECTION AGAINST OUR POSSIBLE 4 ELECTION . 5 6 I THINK WE HAD CONSIDERABLE SUCCESS : 7 PALOS VISTA: ACHIEVED 100 FEWER HOMES , 63 8 ACRES OF GREENBELT , AND $3 . 5 MILLION FOR THE 9 IMMEDIATE WIDENING OF EL NORTE PARKWAY, A 10 MAJOR ROUTE IN OUR CIRCULATION ELEMENT THAT 11 WILL GO ALONG WAY IN SOLVING SOME OF THOSE 12 TRAFFIC SNARLS . 13 14 LOMAS DEL LAGO : ACHIEVED 90 FEWER HOMES , 15 LARGER LOTS WITH 20 FOOT SETBACKS , INSTEAD OF 16 THE 10 THAT WAS PLANNED . GETTING AN LPGA 17 18 GOLF COURSE , AND $110 ,000 FOR HIKING TRAIL TO HOOK UP WITH THE SAN DIEGUITO RIVER VALLEY 19 OPEN SPACE PLAN. 20 21 EAGLECREST: GOT 60 FEWER HOMES AND $4 22 23 MILLION FOR WIDENING OF BEAR VALLEY PARKWAY 24 NORTH OF 78--ANOTHER MAJOR ELEMENT OF OUR 25 CIRCULATION PLAN. WE ALSO GOT 31 ACRES OF 26 OPEN SPACE WHERE WE HOPE TO DO SOME XERISCAPE BOTANICAL GARDENS . . .OR MAYBE SOME COMMUNITY 27 28 GARDENS . 3 1 EACH OF THOSE PROJECTS WERE TIMED. .GENERALLY 2 AGREEING TO BE BUILT OVER FIVE YEARS . IN 3 4 EACH INSTANCE THOUGH, ALL IMPROVEMENTS WILL GO IN FIRST . 5 6 MEANWHILE , WE SET OUT TO REVISTED OUR GENERAL 7 PLAN. WE ESTABLISHED A TASK FORCE OF 11 8 PEOPLE . WE ASKED THAT THEY LOOK BEYOND THE 9 TWO DIMENSIONAL RESIDENTIAL LAND PLANNING 10 CONCEPTS . . .OF ZONING AND DENISITY--OR TYPE 11 AND NUMBER--TO A THIRD DIMENSION. 12 13 THE DIMENSION OF TIME . . .OF WHEN . 14 THE CONCEPT OF TIMING DEVELOPMENT TO ASSURE 15 THAT ALL THE FACILITIES NECESSARY TO SERVE 16 THE ADDITIONAL POPULATION IN A SPECIFIC AREA 17 ARE PROVIDED CONTEMPORANEOUSLY WITH THE 18 ARRIVAL OF THE PEOPLE WHO NEED THEM 19 20 THE CONCEPT OF THE GROWTH MANAGEMENT SYSTEM 21 WE EXPECT TO ADOPT IS A TIERING SYSTEM. IT 22 WILL PERMIT GROWTH. AT A MODERATE RATE . BY 23 FACILITY DRIVEN GROWTH CONTROLS . 24 25 26 27 28 4 1 HOW IT WORKS : THE CITY WILL BE CON NTRATTNG 2 ITS RESOURCES IN A GIVEN AREA--AT FIRST--THE 3 INFILL AREAS AND . DEVELOPERS IN OUTLYING 4 AREAS WILL BE REQUIRED TO WAIT UNTIL WE FOCUS 5 OUR LIMITED RESOURCES ON THEIR TIER. 6 7 OR THEY' LL BE GIVEN THE CHOICE OR PROVIDING 8 THE NECESSARY CAPITAL IMPROVEMENTS OR THE 9 MONEY FOR THEIR IMMEDIATE CONSTRUCTION. 10 11 BASICALLY--THERE ARE FOUR TIERS : 12 A. TARGET TIERS . . .Area we want to 13 revitalize where we might provide incentives 14 such as lower feews or denisty bonuses or 15 public/private partnerships . 16 17 B . SECOND TIER: Areas allowed to develop 18 by paying their own way —by participating 19 in a needs study and funding its conclusions 20 on items such as sewer, parks , schools , 21 hiking trails , libraries roads , area police 22 and fire stations and so on . ITS LIKE A 23 GIANT ASSESSMENT DISTRICT WHERE THE 24 PARTICIPATING DEVELOPERS FRONT THE COSTS AND 25 ARE REIMBURSED AS OTHERS IN THE TIER DEVELOP . 26 27 28 1 1 2 C . THIRD TIER: Areas that are we will 3 discourage growth for a period of time, until 4 they are no longer leap frog in their nature . 5 6 D . FINAL TIER: Agricultural preserves, 7 ridgeline protections —areas where there is 8 never going to be development . 9 10 IN AREAS with Both City and County 11 jurisdiction, both the City Council and Board 12 of Supervisors will be asked to adopt the 13 plans to ensure coordinated planning and 14 financing of facilities . 15 16 In Developing the General Plan , the GMOC ;cent 17 beyond the mechanistic approach of growth 18 anagement based strictly on numbers . . . to 19 create a vision of a community . It explored 20 here we are . . .defined where we want to 21 Le— and set goals and objectives to get us 22 there . 23 24 25 26 27 28 6 1 t reduced our ultimate buildout from 300 ,000 2 0 165 ,000 . . .not with a meat ax--but instead 3 arefully reviewed the land use and �,ensisty 4 esignation and gave a strong emphasis to 5 reserving the character of existing 6 eighborhoods and in controlling density as a 7 eans of preserving significant topographic 8 eatures and environmental resources . 9 101e expect to adopt that general plan in early 11090 . We ' ll have our constitution, so to 12 peak. Then , we begin the task of 13 stablishing our bill of rights--ordinances 14 o guarantee that the items we hold dear--are 15 rotectedj. 16 17 here will be a noise ordinance to protect 18 ur residents ' quiet enjoyment ; 19 20 rading ordinances to protect the natural 21 lope of land and preserve it whenever 22 ossible . 2311istoric ordinances to make certain we don' t 24 ose sight of our cultural heritage . 25 26 27 28 7 l ee ordinances to increase requirements to 2cae every 20 feet instead of just every 40 3feet . Not just because trees are nice. . .but ntrary to Ronald Regan' s belief . . .trees n' t pollute--they generate oxygen. A ngle one will generate 50 ,000 pounds a year 7 replace smog . 8 ' re planning an arbor day. . .and, have l mmitted to a capital improvement budget to 11p ant at least 1 ,000 good sized trees l2a nually . 13 3 14 d , in cooperation with one developer, we 've d vised a middle-class first time home buying 15 1 p ograms , to make certain our children can 1 p rticipate in the american dream. 18 19 20 21 22 { 23 24 25 26 27 28 8 ID the last year and- a half 'process , - we hav 2 found that there are'- two types of developers . f 3 4 1 . those who wish -'to fight the system, and ; I 5 2 . those who' wish to take advantage of the 6 new chA llenges presented . J . 7 My analysis is' that : ,II 8 T e former will. either go— out of 9 business or do business' elsewhere'. T�e latter will learn ` the new ' rules 10 11 early, play' by them and take their' winnings to the bank.' < . 12 13 - ,� 14 To those of you who wish' to fight . . .who' 15 say. .youcan` t do this to u's ' : . consider the 16 follow ng quotation : 17 18 "Untilf recent years , urban life was 19 comparatively simple ; but with the great 20 increase' and concentration of population , 21 problems, have developed, and constantly are i 22 develo ing, which require additional 23 restrictions in' respect to. the use and 24 occupation of* private lands in ' urban 25 communities . 'i 26 I i 27 28 9 1 � a � . quote from Jerry H`armon. .`. Is That s not q 2 not Kris Miirphy. .'. It '' s not Carla 3 DeDominic -s . .'.nor any of our compatriots who 4 are growing both in 'number and power -in San - 5 Diego ddunty . ' Rather, it ' s the United State ' 6 --L—ern Court in a= 1926 decision called 7 Village of 'Euclid Ohio v. Amber Realty . ' 8 1 i 9 So , the' best message I can give to you to 10 start your day. is this : 11 Consider� our approach Think about 12 paving ` ,your way as you go . Do not begrudge 13 your community. i 14 yes . It will - cost you more , but the 15 i money you put out is going to come back 16 tenfold in liveability. 17 18 If you won' t buy 'that . . .understand at 19 least . . . that more than 60 years after the 20 Euclid decision. . .growth management is here 21 to stay. 22 23 } 24 f 25 26 27 28 1 4F M E M O R A N D U M TO: City Council Planning Commission FROM: Ray Windsor, City Manager i'! 'I"L)16 �; SUBJECT: Attached re: Joint Meeting of 11/21/89 DATE: 11/17/89 The items on the following pages are public concerns expressed to date on the issues under discussion at the joint meeting. . . RW:cw 3125 Ardilla7 Road scadero, Calif '422 September 26, 1989 Mr. Chairman and Members of the Atascadero City CounciY This statement is regarding Drainaze, Erosion, and Seismic hazard. Thank you for eivinz me this opportunity to hear of my anger and deep concern about two components of our State required Safety Element,- the nine year lack of a City-wide Drainage Plan, and the lack of heeding the excellent Seismic, Landslide, and Geological component in our Safety Element. Only having the General Plan for one day previous to my August 24th Statement I did not spot that one inch, powerful paragraph on page 116, mandating a comprehensive flood control and drainaare system for the Colony of Atascadero, which was to be combined with the street and sewer improvements. On August 24th I spoke only from my sense of what a city drainage system should be. In my 19th Statement to the Planning Commission I emphasized the nine year lack of ,1 that component of the Safety Element. Mrs. Karen Caniarlio, a neighbor on our Block, and I spent two hours with Mr. Sensebauazh on the 15th, during which he said that the City was too poor for a combination of City wide Drainage with the Street and Sewer Improvements. In fact, he said that neither the City Council nor the Planning Commission had authority over his work, - that the only relationship was with the budget. Is that true? Do you have only the power of the purse strings over Mr. Sensebaugh? It Was not drainage that aroused my anizer before our meeting on August 24th with Mr. Windsor, Mrs. Borgeson, and Mr. Sensebaugh with my Block neighbors. It was what I had read about seismic activity on the hill above me BEFORE my purchase of the General Plan. I read/inaa copy of the 1977 Advisory Report, loaned to me by my neighbor Dolores Berry. After my purchase of the General Plan, for twenty dollars, she and I compared the 1977 Report with the General ?Ian and found that the scientific Advisory Report had been incorporated into 2 the General Plan, wi is maps and tables. 40 When I read what then became Page 139 of the General Plan, I was truly alarmed. I quote: "Thoughtful Land Use decisions are fundamental to seismic safety. We should not erect a structure or carry out.*-rrading on ground that is subject to high levels of seismic activity, or other geologic hazards until the conse- quences have been evaluated and the work approved by competent professionals. To this end no structure should be built unless geologists, architects, soil engineers, and builders, AS WELL AS THS. COMMUNITY ARE SATISFIED THAT ADEQUATE STANDARDS DESIGNED TO PREVENT LIFE—THREATENING COLLAPSE OR DAIMAGE IN FUTURE r� SA_RTHQUAKES." Unquote. The emphasis is mine. See pages 22,24,and 141. The Table of Contents in the General Plan indicates in Chaters X and Xj, from page 133 to 14 6, thirteen pages no less, that THAT portion of our Safety Element was well researched and made a part of the General Plan. 'dHY has it not been heeded? WHY are lots being sold on that unstable hill despite the great safety warninx of our General Plan? Is it not exposing people and 5°structures to geologic hazards? CEQA covers that! . See page 299 for the list '`of Significant Effects! I have also read in my own search that development is not a right, but a priviledge. Much knowledge has come to light and many laws have been enacted since 1914, when Mr. Lewis plotted those beautiful lots on that hill above us. When Mr. Sensebaugh in his response to my August 24th Statement stated, "I do not read the General Plan." I was deeply shocked and I said as much that day to him and the group. I have not gotten over being shocked that our City Engineer would contemptiously dismiss my quotes from the General Plan, this iCity's Constitution! I shall briefly go over my Statements and Letters for the main points: When I first called the City Engineer I asked for a copy of the State Law on Grading and Bulldozing. I knew one existed. Mr. Sensebaugh came out without a copy of either the State Law or the City Ordinance. When I complained, Mr. Barnes the engineer/owner in charge of the bulldozing said, "Mrs. Mudmett, I don't have to have a copy of the law. I just go to the city." To which I responded, "I like to do my own reading." 3 Two or three days later I received from Mr. De Camp a copy of Page 763 of the Uniform Building Code with the yellow pencil underlining u Section 7003 and Point 8, which allowed the bulldozing with no permit if the cuts were under two feet. HOWEVER, I read Point 1 , which in effect says a permit IS required if damage is apparent to private property. Pulverizing alluvial soil above my property just before the rainy season invites a sea of mud down on my property. QUESTIONS: Why was Point One skipped? Why also did he skip the deep grading being done south of me on the side of that steep hill, to die out a road? 'There was NO permit for that? See pages 21 and 141 of the General Plan. I go to Page One of Mr. Windsors August 31st reply to my August 24 Statement. v I'll mention the 3rd line in Paragraph 3- I quote: "The zoning ordinance con- tains Section, etc., , which declare as categorically exempt from CEQA proposed grading on terrain with slope& LESS than 20%, that will involve less than 5,000 cubic yards of earth moving." Unquote. I turned to Page 21 of the General Plan! The part of the map in gray indicates Sororpes GREATER THAN 3096, and: I found that the hill above us was all in array! S0, CEQA is NOT catexor.ically. exempt: Was this pure deceit to agreyhead, who could not possibly know the percentages of grades? Or know where to find the State and City law for its application? Or is it just that Mr� oes not read or study our General Plan either? On page 2 of his letter he indicates ONLY a Drainage Plan is needed to go ahead on that major grading for a road on that unstable hill! See pares 22 and 24. On August 31st, Mr. Windsor included a copy of the 1986 Contract on Atascadero Road Construction with ys. Gordon Davis with Mr. Pa'1 Sensebaugh, signing. I have asked for the files on that contract on that high risk hill project. See my September 4th letter to Mr. Windsor about our City daring to approve building and grading on that unstable hill. I wrote to him that our City Council should not deceive buyers of lots on that beautiful hill, when our General Plan calls it a oobtential seismic hazard. Yy September 9th letter: No response has been made to correct bulldozing and fill-in of an old ddep, natural ditch, which has been the result of years of 4 drainage from the high curve in the hill above, with the run-off converging into that natural drain. Nor has anything been planted on the hill above us, which the City allowed to be cleared and pulverized. And the rainy season approaches. This dity faces law suits as a result of its ignoring the safety rights of its citizens, simply because two components of our Safety Element haa!tbeen ignored. F . fr^ina.11y in desperation, because my questions and requests to see the files were - Ilnot being answered, I sent a certified letter to Mayor Rollin Dexter, on September 13. I have not received a reply as yet. I, as a citizen of this City have the right to the public information of our City Government. Since now I address my complaints to you, the City Council, I shall quote a portion of my letter to Mayor Dextert "Did the Sensebaugh/Davis Contract ignore the advice and strictr;,ures of the 1969 California Environmental 41ity Act and of our own 1980 General Plan? And did the City Council ignore the General Plan, too, when they approved that 1986 Road Contract? to oDo you not have the power of the budget over our City Engineer? Mr. Sensebauch said to me on the 15th, that the Budget items are directly related to you, and I assume that the Budget requires your approval of the Contract of 1986. Thank you very 7uch, r Gail Lee Mudgett �' -c1 Wee "u,!Frett 3125 Ard i I la ;oad AtascZzd ero. 93422 .3e,.terber 13, 19$9 P-e .onorRble - onald -exter "ayor of Atascadero City F SCO ;-alma Abenue Atascadero, ::a lif 93422 -?e: ey correspondence with the City. dear 51r: a, �!nclosinn cosies of my correspondence with r. Jensebaugh and "°r. 41ndsor.. I have an annointment to see Vr. 41ndsor on 'Tiaay at 10 AY on Drainage and xosion, ;hint Cne of my AuZust 24th Statement (copy enclos:,d . iowever, :oint Twe has been iarnored. There has been no response on that, except the inclusion of the coot' of the :ontract of 1986 on the phased roads of Atascadero, 1 ,have not been able to see the file on the gradinar for the paper road of krdilla. "•`r. ;ensebaui+h said there :gas no dile: (:gee my oeptemb er '+th letter to '-r. -,Indsor.) i also grant to see the file on the 1986 Contract on the roads by : r. .�ense- baueh and k.r. Levis. `uch knowledge has developed since the 1914 zlots were for�e` on that '"high risk" hill, to quote the general :-lan. Additional lass have been passed, es recially the 1969 ..allfornia ::tate .environmental Act ( 'A), our own 1977 Advisory aeport, dhich was incorporated Into our 1980 ^enera l Aan. ali1&i''ICNS: Cid the . ensebauahfravis Contract in 1986 on the Atascadero Roads ianors the advise and strictures of the 1969 � . ,i, y: C %:�. _.' :; .►tascader.o general ;;-len? vizi the City Council also ignore the Ceneral clan, too, when they approved that 1986 Road Contract? Tease, I wish to see that Aueust 1989 Cradina Ale on that "hisrh risk" hill,- AiNrl. the rile on that 1986 =road Contract, between iensebaugh and La►vis. -�inc,ere//ly�your, / Call Lee ,4udsrett 7 �nclosurea: -Iva cc: Atascadero �lannintt �ahion Atascadero City Council Caee Mudgett D 31�illa. Road SE? Atascadero, Calif 93+22 September 9, 1989 y/ ,01 .�4�0 Q R Mr. Ray Windsor'.. � �� -� 6500 Palma avenue f' n� w7 f Atascadero, Calif 93422 L Oar as, Re: Culvert and &osion 144 DD���� S � in �je' /��o✓l� ec r� �s� Dear Mr. Windsor: Q i e 7� Yesteelay, I discovered the bulldozing had filled in the western end of the natural, deep culvert, south of our plowed field. A consid- erable portion of it was smoothed over. That culvert has been there since before we moved here in 19;8. Me run-off from the bend in the high hills converged into that natural culvert. I insist that that culvert be uncovered, restored, and connected to the eastern portion of the culvert, which remains undisturbed, I also call your attention to the ground cover which should be re- stored to that pulverized, alluvial soil above us, to prevent erosion and possible landslide from that unstable hillside. (See General Plan) I thought surely, Mr. Barnes would have cultivated and re-seeded that new ground cover to prevent serious erosion, when the bulldozing was stopped on Auzust 24th. It may be too late to restore that arround cover before the rains came, but the effort should be wade. I felt that this discovery could not Kai tuntll I see you on Friday. Sincerely yours, Gail Lee Mudzett cc : Atascadero Planning Commission Gail Lee Mudgett 3125 Ardilla Road a Atascadero, Calif SEP 93422 September 4, 1989 Mr. Ray Windsor, City Manager 6500 Palma Avenue Atascadero, Calif, 93422 Re: Your. August 31, 1989 reply to my August 24, 1989 Statement. Dear Mr. . Windsors Thank you for your reply to my Statement. I hope the Erosion Plan pro- posed for our Block and the City, will come to us soon. May I review my contacts with the City Government, having to do with Point Two of my Statement? Mr. Steve De Camp sent me a copy of the UNIFCRM BUILDING CODE, Chapter 70, Excavation and Grading, with his yellow penciling of the words, "Permit Required. Sect 7003" and the words, "except for the following", and Point 8". My reply to Mr. DeCamp is to point out, I quote: Section 7003. No person shall do eay grading without first having obtained a grading permit from the building official exeept for the following: I. Grading in an isolated, self contained area Ifthere is no danger apparent to private or public property." (Underlining mine.) Those two underlined words release the exception indicated. Of course, removing the around cover and pulverising the alluvial soil (see General Plan) above our home creates a possible flood of mud on us below. Also, with the bulldozer cutting the paper road Ardilla to the south of us on that hill- side would require a permit, and an Environmental Impact Report. (See the General Plan, Page 139.) When Jn August 30, I telephoned you to request to see the file on the "high risk" project above us, the call was transferred to Mr. Paul Sensibaugh. 0 0 2 who said there was no file to see. I replied, "I can't believe there was no application, permission, sttdty, etc, ." The City Engineer insisted, "There is no file. I gave it a Categorical Exemption", meaning that the bull- dozing would not have a significant effect on the environment, and no further evaluation would be required. Instead of a Categorical Exemption would not a Negative Declaration, describing the reasons the project would not have a significant impact on the environment been informative to the citizens? I could not understand such a choice after having read the 1977 Advisory Report which was incorporated into our 1980 General Pian, especially as emphasized on page 139, and in the maps and tables of the General Plan. Yet, here in your letter, Mr. . Windsor, you refer to "review", "inspection",, reports", "ordinary requirements", "applicant required to submit detailed a teological/engineerinx analysis to g=rove that they can be constructed safely." (Safety is an important word to me. ) Then you dismiss the above analysis on the road construction as being unnecessary when permits are requested for construction of the houses! Why excuse the analysis on the road construction? Why build a road when you can't be certain you will ever approve of house construction on that hillside of "high seismic activity"? The 1977 Advisory Report and our General Plan specifically states that "to grade and to build on that hillside would invite life-threatening collapse." To repeat my State- ment, "construction should be permitted only after additional studies by geologists, architects, soil engineers, and builders, and until the community is satisfied that it meets adequate standard designed to prevent life- threatening collapse or damage in future earthquakes." How can there ever be any mitigating circumstances on that hillside? Among the four major faults in San Luis Obispo County the Rinconada is three miles west of the town of Atascadero. We here at the base of that hillside are almost on top of that fault; Why do you dare to build above it? Why do you insist on being inconsistent with the General Plan? Are you not empathetic with the pur.chisers of those 1914 plots and their problem of caveat emptor, let the buyer beware? Knowing the General Plan, I would never 0 0 3 consider building a home on that "high risk" hill, no matter how much it was approved. You did not answer my questions about the notification of the application, hearing, etc., being well advertised. Was a Ifikdnotification due me, a contiguous owner? Also, has there been a Notice of Determination? It is my opinion that it is morally wrong to provide strangers with approval to build on that range. As a citizen of this community, since 1956, I protest such deceit by any government. Earlier, I asked you to drive up the tip of that *high risk" range, where Graves Creek and San Fernando meet. Did the Atascadero Fire Department give permission for that steep, curved road on that seismically active hill? If they did, - why? Thank you for listening to my deeply felt concerns. Sincerely yo s, Gail Lee Mudgett cc: Atascadero Plannina Commission Atascadero City Council Karen 'K. Coniglio 7600 Graves Crk. Rd . Atascadero , Ca . 93422 November 14, 1989 City Council of Atascadero 6500 Palma Ave . Atascadero , Ca. 93422 Dear Sirs : I am writing to you in regards to the proposed road construction of Ardilla from Balboa to Graves Crk. Rd.- and the future develop- ment of that hill . At the present time this area is open space, therefore I will refer to the sections of our city ' s General plan which pertain to open space. . As you are well aware the general plan is likened unto the Con- stitution of our beloved United States . It is our basis for gov- eraing our city. It gives us insight into the character of the land we occupy as Atascadero. It also gives us rules to wisely protect the people who live here. We are deeply indebted to the many people who contributed much work and effort to make a guide for us to follow in ruling our city ' s development . They saw great need for responsible stewardship of this land of Atascadero . I Quote to you a passage from page 47. . . "The right to use of land is a privelege conferred by the community and includes responsibil- ity for considerate stewardship. " I hold the position that it was definitely not- considerate of our city to allow Bill Barnes the right to grade over the natural drainage of that hill and put the residents below that hill in imminent danger should we receive a heavy rainfall this year. On page 51 under Land Use Policy Proposals #6 I quote. . . "High pri- ority is placed upon open space as a land use element. Thi.s in- clndes'.the'.protection and preservation .of scenic areas , water_ . . courses , hazard lands ,hilltops, etc. that add much to the quality of the rural atmosphere in Atascadero . " I would like you to take note of the words HAZARD LANDS , then to refer to page 57 #9 under Residential Policy Proposals . "Hazard areas ( geologic, landslide, flood , ets . ) shall have appropriate development standards . " This area is a landslide area as pointed out in your own generatl plan and assigned a specific number, landslide area V. Therefore , This is a hazard area and should be under the: protc�c.tion of. yo�r- own Land Use Policies as pointed out and quoted above. Also , listed on page 58 under ResidentioLi Policy Proposals ,. we as a city are further urged to preserve our "trees , watersheds, a.ad natural slopes and other natural amenities from abuse and destruc- tion resulting from poor design and development practices . " I would like to inform you of the Random House Dictionary definition of PRESERVE. " a= to keep alive or in existence , make lasting b- to keep safe from harm or injury; save c- to keep possession of, to retain. " Now, P lease refer to-page 70 Preservation• Polic roposals #1 . " Because water resources are the principal key to the survival of whole plant and wildlife communities , the watershed areas of Atascadero shall be allowed to continue to function without dis- ruption. " The city has already acknowledged that it was poor practice to allow Bill Barnes to do preliminary grading on the proposed Ardilla Rd . It is also very poor practice not to reopen the natural drainage or watershed ditches since the rainy season is here . These natural drainage areas of landslide hill #7 should have been "allowed to function without disruption. " Let us stop this disruption and destruction and use our own general plan as it was meant to be used , as a guidebook to the development and preser- vation of our beautiful city. To delve further into the general plan , we find page 69 entitled Open Space and Conservation. "Open space uses are defined by the State of California as those necessary for public health and safe- ty . . . . #3 Open space Principles Scenic and sensitive lands shall be protectred from destruction, overuse and misuse . " Hill #7 is definitely sensitive and has definitely been misused be Bill Barnes and the city that gave him permission to rough grade that road. I will now quote page 71 "Open space for public health and safety s includes areas which require special management or vegetation be- cause of hazardous or special conditions , such as earthquake fault zones , unstable soil areas. . . " Hill #7 is unstable soil , alluvium, as stated un our general plan and is very hazardous soil in an earthquake. Mrs . Mudgett has taken up this topic with you and I feel no need to elaborate more on the topic for she has covered it extensively. Therefore, I conclude from reading Atascadero 's general plan that this area should remain open space and should be protected by the city from future development. Your action will either ensure the safety of many future citizens of Atascadero or ensure harm to come to them at some future time. Which action will you take? Will you be considerate stewards of the land we call home? Sj�c�- y� Karen I. Conigli(d PU I 1 Lee Mudgett 125 Ardilla :load Atascad e.ro, Calif 9'3422 Cctober 30, 1989 Ladies and (,entlement of the Atascadero City Council: This Statement is �.. reply to maycr Dexter's letter �. ..e of Cctober 4th. Thank you for ac'.kisi nolyleging that prior road agreements were not exempt from the California Environmental -quality Act. Our 1980 General Plan was created in agreement with that 1969 California Environmental :quality Act, along with other California State Law. I am still concerned with two components of our Safety Element which have not been implemented . a) We do not nave a comprehensive Drainage Plan as mandated or. cage 116 of our General Plan. b) !4e have an excellent Seismic Component in our General Plan, with over 13 cages devoted to it, but in practise we have ignored`it. I have quoted before the following passage from our General Plan, but I'll quote it again, because in Mayor Dexter's letter, he insists that "We have complied with the General Plan and it documentation and policies with _respect to the seismic safety." I quote : "Thoughtful land use decisions are fundamental to seismic safety. We should not erect a structure or carry out major grading on ground that is subject to high levels of seismic or other geologic hazard, until the consequences have been evaluated and the work approved by competent professionals. To this end , no structure should be built unless the geologist, architect, soils engineer and builder - as well as the community are satisfied that it meets adequate standards de- signed to prevent life-threatening collapse or dama?e in future earth- quakes. (Joint Committee, 1975) Page 140 of the General Plan. Just to show you how up-to-date that policy is let me bring you up to Tuesday.,'.-- October uesday,;October 17th, the day of the Santa Cruz quake, 75 miles south of San r^rarcisco, It shook that City, built on both rock and unstable soil. I quote from the Los Angeles Times , October the 18th: "Thomas Ii. Holzer, brandh chief for engineering seismology for the Geological Survey at Menlo Park, said that .regardless of whether one is talking about freeways, gas lines, or apart- ment houses the bottom line is that people should not be building in these areas." 74AT is a 1989 echo of our Joint Committee's admonishment of 1975 in our General Flan; 0 2 If it is true, as you write, that our City has comcle�' with t^e ^eneral Plan how do you explain the Sensebaugh/ravis Contract or 4.996 and th.� invasion of our seismoloaically hazardous Santa Lucia foot'.tills? You write in the next sentence, "The sale of Lots is not subject to CEYaA." In answer: T- quote from caee 299 of the Guide to California Environmental yu- 1i:y Act: "A project will normally have a sienficant effect on the environment if it will, a)Conflict with the adopted environmental plan and goals of the community where it is Located , q) Cause substantial flooding, eros,-on, or siltation, r) Expose people or structures to major zeblozic hazards. Also, from the same volume, Cg.-;A, Faze 344, I shall refer you to a 1980 Court Case having to do with the precise problem of sale of property: FRIEN-US C^ ° ST:,REET V. CITY OF H.AY dARD (1980) Point 7. City approval of proposed subdivision's construction of public improvements, and private sale of subdivided lots may be enjoined for lack of consistency of the subdivision with the General Flan. ?oint 8. of that same case states : City's public works as well as private develooment must be consistent with the City's :,eneral Plan. (Govt Code 65302-66473.5) In your letter you state, "Since no project is being proposed on the area identified as Landslide 7 no action is yet called for by this City." CIEQA considers grading a project and bulldozing did take place in August of this year on those Santa Lucia foothills. I am concerned with All the foot- hills of the Santa Lucias, from the Southern border and Santa Barbara Road to the :Northern border and Santa Cruz Road. Our ^,eneral Plan refers to the foothills on Faze 139 as, "The high risk area in the foothills of the Santa Lucias comprises 8,298.79 acres." If and when the Nacimiento, or the Rinconada, or the San Adnreas faults "happen" what do you think will "happen" in our extensive alluvial and oeoloaically unstable soils and hills? The State calls such areas "special studies zones." our State Geologist established critiera and policy for approval of real estate 3 development and structures for 'numan occupancy In these "special studies zones. " According to the Public Resources Code .#2623, "Applications for all real estate developments and structures for human occupancy within "special studies zones" must be accompanies! by a geOiOgist's report." (D. Curtin"s Subdivision wap Act Manual; P-55- Did ,you comply with our General :'Lan and the State Code when you gave approval and per^:its to grade and construct foYhuman habitation on those foot ills of the Santa Lucias, with or without the Sensebauah/Davis Contract? Cid you have a competent geologist"s report when you grantee permits to build or: those 9,000 acres? when Mr. Windsor sent me a copy of that Sens ebaugh/_avis Contract on August 31st I hwv-- requested to see that file. There has been no response. Why? How could our planning Department have given the go-ahead when they should be thorou-wkly conversant with the General Plan and our State Planning Code and CSA? ?id our City Attorney .review that Sens ebaugh/Davis Contract? Did any- one in the City Government file a Notice of Violation, according to Section 66499.36 of our Government Code? There are still four more of my questions which remain unanswered . I shall list them after this Statement. In conclusion: Ever since Tuesday, Cctober 17th, I have been saddened by our missed opportunity to avoid building on "high risk hills and soils. General Plans are fundamental to make cities safe in California, the lard of quakes. By incorp- orating the 1977 Advisory Report into our adopted 1980 general Plan, we as a young city had the CHOICE AND THE CHANCE through our General Flan to build roads ar_d homes as safely as could be possible. We made our CHOICE when we adopted the general Plan, but we discarded the CHANCE by ignoring and not implementing the criteria and policies of that General Plan. WHY did we throw away that CHANCE to keep our young City of Atascadero safe? Thank you. Gail Lee Mudgett 4 List of unanswered question I have asked. nail Lee Mudgett 10/30/89 I . On Augt:st 24, as a contiguous landowner was = not entitled' to a notification of the project taking place across the road from my house? 2. On September 9, I informed you by letter that the bulldozer had filled in and smoothed over the deep drain ditch that had been there since '1958 or before. That ditch receives the overflow from the curve in the high hill above 3. On September 19, to the Planning Commission, I asked about the implementation of the Drainage Component of our Safety Element. In that last paragraph of that Statement I asked in fewer words than what I shall use now: ?'o you know that the State requires a General Plan to be adequate, meaning complete in all State required Elements? Do you know that if the General Plan lacks Elements or Components there-of, it is considered incomplete and inadequate by the State? That if the General Pian is invalid this City Government is invalid? That absence of an adequate General Plan precludes any ena6ment of zoning ordinance and the like'? . R ,:.x Resources Defense ~end v. County of Santa Cruz 133 Cal APP. 3d 800, 806 (1982) Ga i 1 Lee Mudge t t ' " 1 appreciate your letters in reply to my written. Statements. Also, Will you please apply this Statement to the item listed on yoE agenda as : 4. TENTATIVE PARCEL MAP 16-89, 9350 SANTA CRUZ Subdivision of one parcel containing a pprox. 9.63 ac. into two lots of 4.0 ac. and 5.63 ac. (Lobo Investments/dolbrecht Surveys) (Con'd from 10/10/89 meeting) GLPF. ATASCAj),ERO CITY COUNCIL MEETING OCTOB3o, 1989 MY NAME IS DOLORES BERRY AND I LIVE AT 6955 BALBOA ROAD, ATASCADERO. HONORABLE MAYOR ROLLIN DEXTER AND HONORABLE MEMBERS OF THE CITY COUNCIL: AT THIS TIME, I WOULD LIKE TO THANK MAYOR DEXTER FOR RESPONDING TO MY REQUEST THAT HE ANS'NER MRS. GAIL MUDGET' S LETTER. IT SEEMS THAT ALL OF THE CONCERNS IN HER LETTER HAVE NOT BEEN ADDRESSED. I SUPPORT HER REQUESTS AND CONCERNS AND ASK THAT MAYOR DEXTER GIVE ATTENTION AGAIN IN `J'IRITING TO HER CONCERNS. I AM HERE TONIGHT TO ASK THAT THE CITY OF ATASCADERO RESPOND TO THE CONCERNS OF RESIDENTS REGARDING DRAINAGE WATER COMING FROM NEW DEVELOPMENTS. 'WE NEED AN ADEQUATE DRAINAGE FLAN. THE ADDITIONAL 'HATER FROM THE DOVICA DEVELOPMENT AND OTHER DEVELOPMENTS ON ARDILLA AND BALBOA MUST NOT BE DIRECTED TO RUN THROUGH THE PROPERTY OF THE RESIDENTS THAT ARE BELOW THESE DEVELOFMENTS. WE NEED THE PROTECTION OF OUR CITY AND WE NEED IT NOW. OUR PROPERTY AND THE PROPERTY OF MANY NEIGHBORS SHOULD NOT HAVE TO BE DITCHED TO HANDLE THE EXTRA WATER CREATED BY NE.'l DEVELOFMENT; ; 'IT SHOULD GO DOWN THROUGH CITY STREETS. EIR REPORTS ARE REQUIRED WHEN A NEW STREET IS PUT IN, AS HAS BEEN DONE ON THE DOVICA DEVELOPMENT AND PLANNED FOR THE BARNES DEVELOPMENT ON ARDILLA (DOVICA IS ON BALBOA TOO) . WHY HASN'T THIS REPORT BEEN REQUIRED? THERE ARE OTHER REASONS THIS REPORT SHOULD HAVE BEEN DONE FOR THESE DEVELOPMENTS AND OTHERS ON THE ROADS ABOVE US ON BALBOA AND ABOVE ARDILLA: LANDSLIDE AREA (PAGE 12 GENERAL PLAN AND PAGE 15 OF THE ATASCADERO GENERAL PLAN. ALLUVIUM SOIL UNDERNEATH ARDILLA AND LANDSLIDE AREA AND SLOPES OVER 30 PERCENT. GENERAL PLAN STATES THE STEPS TO AVOID DISASTER IN HIGH RISK AREAS THAT BUILDING PERMI'JS SHOULD BE GRANTED ONLY AFTER APPROPRIATE ENGINEERING REPORTS AND EVALUATIONS DESCRIBED IN CHAPTER X OF SEISMIC HAZARDS. HAVE THESE REPORTS BEEN DONE? IF NOT, WHY NOT? (SEE CHAPTER ON SAFETY GEN. PLAN) ALLUVIUM IS AN UNSTABLE COIL, THE LANDSLIDE AREA IS UNSTABLE AND BOTH ARE BUILDING HAZARDS AS IS ANY BUILDING DONE ON THE 30% GRADE AREA. IN CASE OF EARTHQUAKE THIS AREA IS AT RISK. IN CASE OF CLOUDBURST THIS AREA IS AT RISK. WE 'RANT PROrItCTION FROM THE DRAINAGE WATER AND EROSION AND LANDSLIDE SEISMIC RISBfBUILDING ON THIS AREA (FOUR FAULTS IN THE AR.A: SEE GENERAL PLAN) IF DRAINAGE WATER FROM NEW DEVELOPMENTS IS DIRECTED ACROSS RESIDENT' S PROPERTY HOW .SILL THE CITY PROTECT US FROM fUNDATION A CLEAR AND PRESENT DANGER TO OUR LIVES AND THE LIVES OF OUR ANIMALS. ALL THE NATURAL SHRUBS ALL THE NATURAL SHRUBS t',HICH HELD BACK THE NATURALLY SPREADING RAITI:dA ER HAVE BEEAMOVED FROM WE DOVICA DE PMENT AND THE BARNES DEVELOPMENT. HOW a'IILL THE CITY PROTECT OUR HOME AND PROPERTY? 1-7E HAVE EIGHT HERITAGE OAKE TREES AND MANY OTHER TREES OVER THE $'r DIAMETER. Will WILL THE DITCHING OF THE AREA ALONG THE OAKS TREE ROOTS AND THE PROLONGING OF THE DRAINAGE ,`DATER THROUGH THE AREA ON OUR LAND AFFECT THESE HERITAGE TREES? Y HOW WILL THE INCREASE IN VOLUME OR VELOCITY AFFECT OUR HOME 1S FOUNDATIONS AND THESE TREES? WE ASK. FOR THE DRAINAGE PLAN THAT 'vaAS AGREED UPON AT THE MEETING`THAT WAS ATTENDED BY TME CITY MANAGER AND PUBLIC +gORKS MANAGER AND TSO OF THIS COUNCIL' S MEMBERS. WE ASK TO BE PROTECTED BY- THE DRAINAGE PLAN THAT THE GENERAL PLAN CALLS FOR ON PAGE 115. THIS DRAINAGE WATER IS A CLEAR AND PRESENT DANGER TO OUR HEALTH AND SAFETY AND ASK THAT THE CITY BE RESPONSIBLZ- TO THE RESIDENTS AND CARRY THE EXIRA MATER CREATED AWAY VIA THE CITY STREETS. I ASK FOR ANSA L S TO THESE CONCERNS IN 'fRITING. THANK YOU FOR YOUR CONSIDERATION AND ATTENTION. : DOLORES BERRY Members of the Counci The lot split before you is only the first of many to come. It was given a Negative Declaration. It is not deserving of such. The cumulative effects have never been considered, nor does the City have the necessary information on which to base such a decision., ' , How will this lot split, being only the first of many to come, effect fire protection, emergency/medical response, police protection,schools,parks and recreational facilities, roads, and other governmental services in the City? The present fire protection in our City is adequate. Will it continue to be adequate when hundreds of acres in the far western portion of the City (an area with very high response time)get developed. This area is the "interface", a high risk wildfire area. What additional services will be needed, who will pay for them? Even with mandatory fire sprinklers the fire department would surely respond to a fire in that north western area. How long would it take the engines to respond if a second fire broke out along Hwy. 41, where so many of them have started?Will fire protection services for existing residential developments be sacrificed to accommodate the new developments? The Atascadero General Plan states. Fire stations shall be located so as to provide an average response time of five minutes or less to all parts of the District. While four minutes is considered acceptable, anything over five minutes is unacceptable.". A city wide fire protection study has just been authorized by the Council (to be paid for by the entire city). How can you make the finding that there will be no significant impact, how can you already know the answer? It becomes even more obvious in terms of emergency or medical response time. The response time is above ten minutes. This is surely not sufficient for the critical case (heart attack, choking victim, gun-shot wound, etc.). The development in that area is raising the citywide emergency response time and thereby lowering the average response time for already established residents. Must the entire city pay for this development? The cumulative impacts of development in this large area of the City will have a very definite cumulative impact on the police protection in the City. The 400 unit Bourdoux apartments required additional police. Consider that the apartments can be efficiently serviced. They are close to the police station and concentrated close together. However, the development in the western part of the City is a long way from the police station and spread far apart. Must the entire City pay for this development? , The schools in this City are already overburdened. The new San Gabriel Elementary School is already teaching classes in temporary trailers. Where will the additional children be attending school? Do we develop first, bus the children again to Santa Margarita and than build the schools in later years?What kind of planning is that?Where will the additionally needed schools be located? Have appropriate parcels of land been identified so that they may be acquired before the value of land has gone out of sight and so that new landowners may know that they will be neighbors of future schools? Has busing and its effect been considered?What will entire City pay for this development? This lots lit is just the fir�f of many to come. Cumulatively, thAill add more people, stressing he already scarce parks and recreational opportunities in the City. No additional parks have been identified in this area, there are no plans for open space. The city has not earmarked money or fees for additional parks and openspace, although the General Pian calls for acquisition of creek reservations, stadium park, etc. Must the entire city pay for this development? What will be the cumulative effect of road maintenance?The recently constructed roads in the western portion of the City have opened up this very large area for development. Most of these roads (and driveways)were constructed behind locked gates. They were built under a developer/city agreement that "was not legally binding" (North County Tribune, Sep. 21, 1989). "The agreement allowed Davis to bypass normal environmental review procedures when building roads to serve development in western Atascadero...The agreement is no longer in force, following review by the City Attorney"(North County Tribune, Oct. 5, 1989). These roads are not consistent with the Atascadero General Plan statements: "(p.121 Any transportation improvements system shall be compatible with the environment. There shall be a wise use of available resources, avoidance of despoiling irreplaceable resources, promotion of the aesthetic quality of the area and minimization of environmental change."and from page 157 "The contours of the hills shall be preserved....Any land use or activity which would result in major alteration of the land shall require a grading permit. The permit should require restoration of the land". In addition, the City is already behind on the maintenance of the city roads, due to lack of funds. Many existing roads within the City have not been accepted by the City. Will the entire City be asked to foot the bill to accommodate the developers interests in this portion of the City? Have you considered the cumulative impacts that this extensive development will have on governmental services such as rural postal delivery, dial-a-ride and other public transportation services? The questions that come to mind are overwhelming. To state that development in that area will occur without significant cumulative impacts is wrong and irresponsible. Where is your supporting evidence to show that the cumulative effects would not have a significant impact? "e'( er `' 6m ` Barbara Schoenike jonn w . mcrNeil V � 8765 Sierra lista 1 , 0aseadero, CA 93422 06-4128 2 1 October 2v�, 198' 3 ha-or rollin Dexter and Cit;; Council of Atascadero 4 City cull Atascadero, CA 5 Dear 1�iayor Dexter and City Council members: 6 This refers to the environmental check list completed by the Community Development staff for the proposed lot split at 9350 .3anta Cruz Road, Atascadero , Tentative Parcel Map 16-89 8 and 89-173. A Negative Declaration was given by the Community Development Director for this project. 9 I would like to briefly comment on several items in the check 10 list . II Environmental Impacts: 1 . Earth. a. Unstable earth conditions 11 or in changes in geologic substructures? Checked "NO" . Is this judgment based on general geological information for 12 the area, specific information on the project site, or was the item checked "NO" without any general or specific geological 13 information? 14 g. Exposure of people or property to geological hazards such as earthquakes, landslides, mudslides , ground failure or 15 similar hazards: 16 Now if the answer to l.a. above was based on general informa- tion only for lack of specific information, as I surmise, then 17 why was this item, l.g. , regarding seismic hazards, not checked "YES" or "MAYBE" . Map 11--4, Atascadero Major Earthquake Faults, 18 ig the General Flan (Enclosure) , shows the Nacimiento earthquake fault running, through the center of Atascadero, and the Rinconada 19 fault , the Hosgri fault , and the San Andreas fault within close proximity to the project site. On this information alone, the 20 check should have been "MAYBE" . An EIR would provide specific information as to the seismic hazards. 21 Moreover, the roads put in place by the land developer with- 22 out a permit under the presumed authority of the now disavowed and rescinded road agreements, written and unwritten, have never 23 been evaluated as to seismic safety. In the event of a major earthquake, these untested, never legally approved roads, could 24 be severely damaged and prevent access to emergency vehicles. 25 f. Changes in siltation, deposition or erosion which may, modify the channel of a river or stream or the bed of any lake . 26 This item checked "NO" fails to consider that the project will require extensive grading to accomodate the building sites to the 27 hilly terrain as shown on the Tentative Parcel Map 0- 9-173• The contour lines show a 34 foot drop from the edge of one proposed 28 building site, and the other building site is more Drecipitous I 2 Ion both sides. M"ny chance in the landscape will contribute to chan�'es in siltation deposition, and erosion, which together 3 with other adjacent developments can cumulatively substantially modify the channels of streams in this area. Have we forgotten 4 the flood years in Atascadero as recently as : 1967 - 45.40 inches, 1969 - 47.05 inches, and 1976 - 35.21 inches. (Atascadero News 5 1-6-62, page B-4. 6 II 2. Air. a. Substantial air emissions or deterioration of ambient air quality? Checked "NO" . On what possible information 7 can this item be checked "NO"? Paul Allen of the San Luis Obispo County Air Pollution Control office informed the Atascadero Home 8 Owners Association several months ago that the County has never made a study of ambient air movements in the County. Of course 9 two dwellings will have little effect from four or more autos,and two or more wood burning fireplaces, but the cumulative effect 10 of existing and planned development will seriously impact our air quality already exceeding air pollution limits. 11 Our city ' s five hundred foot air inversion factor makes us peculiarly vulnerable to the effects of air pollution. San Ardo 12 oil fields, the P.G.&E. Morro Bay power -olant, and particulates from farming make any added pollution from residential develop- 13 ment an incontrovertible environmental impact that should be the subject of an EIR for this project. 14 II 3. Water. a.b.c.d.i. b and c. checked "MAYBE" , a.d.i. "NO" . 15 The answers should be "YES" for all of these items. how can the anticipa.tea changes in the grading and landscapin, of this 16 project not unouestionably alter to some extent drainage patterns and the amount of surface water runoff? Why the proposed cul- 17 verts if drainage patterns are unchanged? Would driveways and paved parking areas not alter the amount and direction of run- 18 offs? Certainly the runoff and diverted water flow will have a substantial cumulative effect on flood waters. Any urbanization 19 will shorten the flood time and hence the potential for flood damage. 20 e. Surface water quality. The use of pesticides and herbicide such as Round Up will undoubtedly alter the auality of surface 21 waters. Why a "NO" check for this item? Also, septic tank fail- ures are common throughout Atascadero notwithstanding percolation 22 testing. Septic tank contamination of surface waters is certain- ly a probability. 6hould be checked "MAYBE" . 23 h. Our city water supply is not inexhaustible. The cumulative effect of adding more and more household consumers cannot be 24 ignored. A multiplicity of Negative Declarations on future developments on this item, will surely result in the water 25 shortages experienced by our neighboring cities . 26 In conclusion, in using. a check list for a Ne`.ative Declaration, "the city must disclose the data or evidence upon which the per- 27 son conducting the study relied. Mere conclusions as to the absence of the possibility of a significant effect are inadequate 28 i I ii I I ( -3- 2 3 to support a ?negative Declaration. " Citizens Association vs 4 County of Inyo , 172 Cal App 3d 151 (1985) . Unless the Community Development staff has such convincing evidence controverting 5 all of the material set forth hereinabove, then an EIR should be required for this project. 6 Respectively submitted, 7 8 _ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I 27 28 o: o—; s� �a 3 6w s'°s e� d°o oft a� • y'�y a 9•f • ob. - a° can R' V._. . N ani'• - \c° Pr F I f f 0 „ 0 > o0 i� o LL •�°c �/J Q i f�1� c c tA S \ • y S G El W � Q � >a LLQ Q � QN W c �� G ` U h Joan Okeefe 9985 Old Morro Rd. East Atascadero. Ca October 30, 1989 Members of the Council; I am requesting an Environmental Impact Report for the entire area under the "Atascadero/Gordon Davis road agreement development project." This should occur prior to any lot splits being granted for that area and I am requesting that the lot split application at 9350 Santa Cruz, a part of the "Atascadero/Gordon Davis road agreement development project," be denied until an Environmental Impact Report is completed. It seems Community Development has taken a piecemeal approach to projects. This approach denies citizens an opportunity to be aware of the total impact of the developments in process. As a result, the Environmental Checklist filled out by Community Development, has not addressed cumulative impact effects. I would like to call attention to specific items in the Initial Study completed by Community Development. 4. Plant Life a. The more land is divided the more habitat is altered or destroyed. This results in (1) decline in the number of species and (2) may result in a reduction of contiguous habitat sufficient to support a viable population of a species. For example, as you reduce the size of a stand of oaks the microenvironment is changed so that more of the trees are exposed to wind, light, temperature and predation. This principle applies to any species of plant and especially takes its toll on slow growing species. b. There is no data available regarding rare or endangered species. An Environmental Impact Report would provide information necessary to evaluate this point. c. House construction brings with it landscaping with exotic species which are incompatible with native plants. Two of the most obvious are pampas grass and eucalyptus which once established are almost impossible to remove. d. This whole area was originally used for commercial cattle grazing. Housing development usually removes such areas from commercial grazing. It is apparent that this entire area was originally used for a variety of agricultural uses. It is clear that in conversion to residential use no impact analysis was ever completed. 5. Animal Life a. Subdivision of an oak woodland environment will impact wild life habitat. Animal migration routes are blocked and the contiguous size of habitat is insufficient to maintain a viable population. Over 300 species of wildlife have been identified as oak woodland residents. 0 b. There is no data avilable regarding rare or endangered species of animals in this area. An Environmental Impact Report would provide information for this point. c. Concurrent with housing development domestic animals such as cats, dogs, and horses will be introduced. Cats and dogs have a long history of feral activity that can adversely impact many wild life populations. It is well known that feral cats have become a serious problem in Atascadero. In addition, horses confined on small areas eatout and trample all vegetation; this results in serious soil compaction and potential erosion and run-off hazards. 13. Transportation/Circulation a. There will be a significant increase in vehicular movement. c. The main access arteries are already congested. The problem will be compounded by the increase in vehicular movement. There are no plans or funds to remedy this existing problem. Access in and out of these recently developed areas is limited. In case of fire or other emergency citizens would find it difficult to evacuate. f. Pedestrians and bicyclists are already at risk because of the narrow, shoulderless roads and lack of pathways. Drainage ditches substitute for walkways. The roads are winding, narrow and steep and frequently subject to rock slides during the rainy season. School children are at risk if they walk on the roads. Increasing the number of people will increase the probability of accidents. 18. Aesthetics The open vistas of the area that can be viewed from all over the city will be destroyed by the proposed placement of houses, driveways and roads. Excessive cut and fill caused by the construction of the existing roads have already resulted in irreversible impacts that cannot be mitigated. These roads never received an environmental review. This proposed lot-split and the total area development have not addressed the problem of cumulative impacts under a system of visual resource management. 21. Mandatory Findings of Significance a. Refer to 4.a, 4.b, 5.a, and 5.b regarding impact on wild life and plant life. At present there is no plant or wildlife inventory available to serve as a bench mark reference that would provide a check on evaluating developmental impacts. Research data in some other parts of the state indicates that subdivision has serious impact on native plant and wildlife population. b. Short term, the profile of the land is disrupted and or altered by subdivision development. Long term effects from development include visual pollution, air pollution, massive soil erosion, water drainage problems, pollution of ground table water due to septic loading, accumulation in the soil and water table of pesticides and herbicides. In addition oak regeneration is seriously impar. c. Cumulative impacts is the major issue with this development. A single lot split generally has little effect on resources; many lot splits, many subdivisions have a significant effect on the environment and resources of the City. For example, individually, environmental impact on either wildlife or plant life would be considered to be medium intensity. However the additive impact on both resources must be considered a major environmental problem. d. People's health may be adversely affected due to air and water pollution. October 30, 1989 Members of the Council; Given that this Santa Cruz lot split is only the first of many to come, cumulative effects have to be considered on all possible.future and already existing development. This has clearly not been done. Allowing septic systems with at least a 100 percent expansion area on steep, tree covered and seismicly hazardous hillsides will cause a significant impact on vegetation and possible ground and surface water contamination. Atascadero is already known for failing leachfields. Areas that were never intended to be included within the Urban Services line are now being served by sewers or are being considered to be included because of failing systems. In general, this means lowering minimum lotsizes and more subdivisions. Let us also not forget the 1980 recommendation by the City Council that the minimum lot size outside the Urban Services Line should be 1.5 acres (see Atascadero News, Feb. 6, 1980). What will be the longterm cumulative effects? What effect will the development in the west, of which this parcel is just a part, have on the Chicago Grade Landfill? How will the City dispose of the additional sludge from pumped septic systems? This is already a problem. What effect will urbanization of this huge area have on stormwater run-off? More driveways, roofs, culverts, and roads, all contribute to decreased lagtime in Graves Creek, increasing the possibility for flooding in already developed areas of the creek. Finally, what studies have been done to identify prehistoric archaeological sites in this large area of the City? Very truly yours, �- - �� Stephen P. LaSalle See"60B -FEBRUARY.6. 1980 PAGE Public's I Along the ast chance to speak King's ' pe up for lowdensity �� highway h� 'At no other time in the brief What it comes down to, of by L.W. Allan history of this community has course, is what is fair for a public comment been needed. land developer comes into Both those in favor of and direct conflict with what's fair opposed to incorporation said for our collective quality of has indicated it will take up density. they wanted to preserve the life here. the subject early in its next But this Council is divided rural atmosphere of If-you agree this community meeting,not at midnight as it on where it stands, and only Atascadero and prevent its would be better off main- did this week. three votes will determine rapid increase in density. taining a 2.5-acre minimum We can rest assurred the how much of the "rural at- Battle. lines are currently outside the urban services Commission will probably mosphere" is preserved by being drawn between line, then make-your wishes stick to its desire for the lower cityhood. developers and those wanting known before the Atascadero a reduced density. Planning Commission and the - City Council. I wrote in this column about If you believe 1.5-acre two months ago that this minimums should prevail, P%nning Commission's action then you also should make calling for 2.5-acre-minimum your wishes known. lot size outside the urban This is a time when the services line would do more for voices of the people must be the future of the community heard.We'll all be living with than any other action by our the decision. local government. The Planning Commission But a recommendation by the City Council has opened the door for 1.5-acre lots outside the urban services line. That area, for -your in- formation, would include Las Encinas, 3-F Meadows, Chandler Ranch, the Old Santa Catalina Ranch and an area north of San Benito Road and east of U. S. 101—literally thousands of acres in this new city. This argument arose during public comment on the Proposed Atascadero General Plan. A developer told the city he had spent hundreds of thousands of dollars roads to accommodate the 1.5- acre breakdown of lots. Restricting those minimums to 2.5 acres, the developer contends, would be unfair after all these-years of planning. 1N 8765 Sierra Vista Rd. @Wcadero, CA 93422 ber 28, 1989 Mayor Rollin Dexter Members of Atascadero City Council 6500 Palma Ave. Atascadero, CA 93422 Dear Mayor Dexter and members of the Council : The Santa Cruz lot split (Tentative Parcel Map 16-89 and 89-173) by itself could present less than a serious environmental impact . However, this lot split is of major significance as the fore- runner of thousands of acres of lot splits yet to follow in western Atascadero. Atascadero has an overall acreage of about 24,000 acres. The west- ern area includes Las Encinas I, II and III, Long Valley ranches, The HiEhlands and all of 3F Meadows which is about to add a huge area along :pan Marcos Road. In fact the whole western section of about 1C,000 acres is almost equal in size to the presently de- veloped and developing other areas of Atascadero. The Lis Encinas roads have been built by private agreement between the developer and the former city engineer. No California Environ- mental :ality Act guidlines were followed. Now this whole area seems to be proceeding to develop on a lot by lot Negative Declar- ation for eacs lot split which means no cumulative impacts will be considered. An environmental study on the entire area is needed in order to consider the total effects on drainage, traffic, water use and sources, flooding, siltation of creeks, noise ollution, plant and animal life including trees, emergency response time, end Cop- elation growth- rate. Only a Piaster Environmental Impact study can consider cumulative effects and provide information for kecision- ma:.Ling. A lot split by lot split Negative Declaration could result in brief and costliness to she city and to landowners. Four of my concerns on the Initial Study Environmental COheck List are land use, population, recreation and noise. How can anyone without a study say this and subsequent lot splits will have no significance as to land use? It is common '�:nowledge that most purchasers of land of more than minimum acreage buy with the intent to split , and they are often advised by the realtor as to the probaOility of obtaining a split . ?urchase of the original lot can be covered by splitting and selling. Just this evening Mr. Engen has advised us that a 1989 update on subdivision applications in the city showsthat 25 existing lots are proposed to be converted to 145 lots, a ;;ain of 120 building sites. with 2.7 persons per household, that would be a change from 68 neo-le on P, lots to 391 people on 14sots--a 475% or almost a fivefold increase. Now try to picture hundreds of lot splits in the western area divided to accomodate, if not increases of that proportion, in- creases of 100;v" and up. Can one honestly give endless Negative Declarations on all these certain-to-come splits? Can one in good faith close one' s eyes and one ' s mind to the cumulative effects of such development? According to city and state figures Atascadero grew from 2,600 people in 1940 to 9,091 people in 1910• By 1900 the population was 16, 232. Again, according to city figures, the 1987 popula- tion was 20,869. The 1988 figures say 22,725 people. However, in 1987, taking the city' s own figures on building permits issued from 1980 through December 1986, there were 3,232 single family and multifamily permits issued. Multiply that number of permits by 2.7 persons per household and you find an additional population of 8,726. Add the 8,000 plus to the 16,000 plus and you'll get 24,958--almost 25,000 people . We are not talking about building: hermits and lot splits since December 1986• We are not talking about 1987. 4e are not talking about 1988. Ve are not talking about 1989. guess, if you can, what our real population figure is ri ,ht now. Try sitting at the Highway 41 and 101 inter- section for awhile before making your guess. Add another 10,000 people in the we-tern areas with no environ- mental impacts? Preposterous ! Let ' s take a very brief look at recreation, schools and noise. There are no arovisions as far as I know for open space or parks in any of these larc-e western areas. Thousands more people will certainly jut a strain on our public parks, lake facilities, tennis courts, golf course and creek areas. Schools. Are there any sitesdesignated? Will we plan ahead with the developers now, or will we wait to search later and buy at the developer' s inflated prices? Noise is an environment factor of which I am acutely aware. When we built our home in 1974, planes did not fly overhead; a siren was a rarity; traffic noises seemed non-existent . The bird. songs were like nothing I had heard in the city--beautiful sounds. My sister from San Diego could not believe the quiet. Now planes are. common; 101 and 41 traffic is easily heard; motor- cyclists and three wheelers rip the environment and the eardrums as they plow the hillsides and the creek beds; cement trucks, backhoes, tractors and the like chug past our house; weedeaters, �d the air• dogs bark incOding my own; saws and blowers re , � , boom boxes in cars and yard radios can spoil a nice day outdoors. A rock group which played at Atascadero Lake Park on the weekend of July 4th sent not only music sounds but words of songs all the way to 3F Meadows. From the 10,C00p.eople here when we arrived to the probable 25,000 now, the quiet has gone. And the Negative by Negative Declaration lot splits will take none of these factors into consideration. We cannot consider this Santa Cruz lot split by itself. We must recognize its significance and consider the cumulative impacts on the developing area and on the entire city. Sincerely yours, DorothiP. 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