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CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, November 12, 2019
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Newsom
ROLL CALL: Mayor Moreno
Mayor Pro Tem Bourbeau
Council Member Fonzi
Council Member Funk
Council Member Newsom
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this agenda, and the titles
of the ordinances will be read aloud by the City Clerk at the first reading, after the
motion and before the City Council votes.
PRESENTATIONS: None.
A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine
and non-controversial by City staff and will be approved by one motion if no member of
the Council or public wishes to comment or ask questions. If comment or discussion is
desired by anyone, the item will be removed from the Consent Calendar and will be
considered in the listed sequence with an opportunity for any member of the public to
address the Council concerning the item before action is taken.)
1. City Council Draft Action Minutes – October 22, 2019
Recommendation: Council approve the October 22, 2019 Draft City Council
Meeting Minutes. [City Clerk]
City Council Regular Session: 6:00 P.M.
Page 1 of 183
2. Network Switch Replacement Project
Fiscal Impact: $118,820.00
Recommendations: Council:
1. Authorize the City Manager to execute a contract with Helixstorm for a total
of $110,779.38 for the purchase of network switching infrastructure,
licensing, and implementation and configuration services.
2. Council authorize the Administrative Service Director to appropriate
$49,820 from the Technology Fund. [Technology]
3. Zoo Garden Event Center Construction Award
Fiscal Impact: $630,000.00
Recommendations: Council:
1. Award a construction contract for $630,000 to Newton Construction &
Management, Inc. for the Zoo Garden Event Center (City Project No.
C2016M01).
2. Authorize the City Manager to execute a contract with Newton Construction
& Management, Inc. in the amount of $630,000 for the construction of the
Zoo Garden Event Center project.
3. Authorize the Director of Administrative Services to appropriate an
additional $167,240 in Public Facilities Fees Fund balance for FY19/20
toward the Zoo Garden Event Center project. [Public Works]
4. Housing Element and Inclusionary Housing Ordinance Contract
Fiscal Impact: None.
Recommendations: Council:
1. Authorize the City Manager to execute a contract for $94,000 with MIG to
provide planning consultant services for the preparation of the 6th cycle
General Plan Housing Element update and Inclusionary Housing
Ordinance.
2. Authorize the Administrative Services Director to budget an additional
$25,000 in SB 2 grant funds and to appropriate an additional $25,000 in
grant funds for the Development of Housing Element and Inclusionary
Housing Policy. [Community Development]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation. Comments made during Community Forum will not be a
subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Any members of the public who have questions or need
information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00
p.m. at (805) 470-3400, or cityclerk@atascadero.org.)
Page 2 of 183
B. PUBLIC HEARINGS:
1. Micro Community Project - Grand Oaks Paseo Residential Development
(DEV19-0049)
Ex-Parte Communications:
Fiscal Impact: If the project is approved for processing, it shall be required to
be annexed into the existing CFD so the added residential units fund impacts
to City police, fire, and parks services.
Recommendations: Council.
1. Introduce for first reading, by title only, Draft Ordinance approving Title 9
Zone Text Amendments to the Planned Development Overlay Zone No.
27 (PD-27), based on findings.
2. Adopt Draft Resolution, approving a Conditional Use Permit (Master Plan
of Development) and Vesting Tentative Tract Map (Tract 3141) based on
findings and subject to Conditions of Approval. [Community Development]
2. Road Abandonment to Summarily Vacate an Undeveloped Portion of San
Cayetano Road Right-of-Way
Ex-Parte Communications:
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution recommending the City of
Atascadero summarily vacate an unconstructed portion of right -of-way on San
Cayetano Road based on findings consistent with the State of California
Streets and Highways Code and the City’s General Plan. [Public Works]
C. MANAGEMENT REPORTS:
1. Voter Opinion Survey on Feasibility of Potential Future Tax Ballot Measure
Fiscal Impact: Approving staff recommendations will result in an appropriation
of $25,000 in General Fund reserves toward the City Manager budget for
professional services.
Recommendation: Council authorize the Administrative Services Director to
appropriate $25,000 in General Fund Reserves for consulting services with
True North Research to conduct a voter opinion survey on the feasibility of a
potential future tax ballot measure. [City Manager]
2. Animal Shelter Services Agreement – Amendment to the Current Animal
Services Memorandum of Agreement
Fiscal Impact: The proposed changes to the Agreement will increase costs for
the City of Atascadero animal shelter to approximately $166,000 annually.
Recommendation: Council authorize the City Manager to execute Amendment
No. 2 to the Agreement for Allocation of Construction and Financing Costs for
an Animal Services Shelter. [City Manager]
Page 3 of 183
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their own
activities. The following represent standing committees. Informative status reports will
be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Economic Vitality Corporation, Board of Directors (EVC)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Bourbeau
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member Fonzi
1. Air Pollution Control District
2. Atascadero Basin Ground Water Sustainability Agency (GSA)
3. City of Atascadero Design Review Committee
4. SLO Local Agency Formation Commission (LAFCo)
Council Member Funk
1. City of Atascadero Finance Committee
2. Homeless Services Oversight Council
3. League of California Cities – Council Liaison
Council Member Newsom
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City / Schools Committee
3. City of Atascadero Design Review Committee
4. Visit SLO CAL Advisory Committee
E. INDIVIDUAL DETERMINATION AND / OR ACTION: (Council Members may ask a
question for clarification, make a referral to staff or take action to have staff place a matter of
business on a future agenda. The Council may take action on items listed on the Agenda.)
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURN
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person
may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence
delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be
distributed to the Council and available for review in the City Clerk's office.
Page 4 of 183
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m.
Council meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters
are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live,
audio recorded and videotaped for future playback. Charter Communication customers may view the meetings
on Charter Cable Channel 20 or via the City’s website at www.atascadero.org. Meetings are also broadcast
on radio station KPRL AM 1230. Contact the City Clerk for more information at cityclerk@atascadero.org or
(805) 470-3400.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda
are on file in the office of the City Clerk and are available for public inspection during City Hall business hours
at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org.
Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council.
The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council
meetings that are either read into the record or referred to in their statement will be noted in the minutes and
available for review in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a
City meeting or other services offered by this City , please contact the City Manager’s Office or the City
Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services
are needed will assist the City staff in assuring that reasonable arrangements can be made to provide
accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business
with the Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning
any other individual, absent or present
This is the time item s not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes
will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer
presentation to support your comments, you must notify the City Clerk 's office at least 24 hours prior to the
meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to
submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City C lerk
before the meeting begins to announce your presence and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will
give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment
period is open and will request anyone interested to address the Council regarding the matter being considered
to step up to the lectern. If you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning
any other individual, absent or present
6. All comments limited to 3 minutes
The Mayor will announce when the public comment period is closed, and thereafter, no further p ublic
comments will be heard by the Council.
Page 5 of 183
ITEM NUMBER: A-1
DATE: 11/12/19
Atascadero City Council
October 22, 2019
Page 1 of 5
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, October 22, 2019
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Fonzi, Funk, Newsom, Mayor Pro Tem Bourbeau and
Mayor Moreno
Absent: None
Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri
Rangel, Public Works Director Nick DeBar, Police Chief Jerel Haley,
Community Development Director Phil Dunsmore, Fire Captain Tom
Peterson, City Attorney Brian Pierik and Deputy City Manager/City
Clerk Lara Christensen
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member
Fonzi to:
1. Approve this agenda; and,
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 5:0 by a roll-call vote.
City Council Regular Session: 6:00 P.M.
Page 6 of 183
ITEM NUMBER: A-1
DATE: 11/12/19
Atascadero City Council
October 22, 2019
Page 2 of 5
PRESENTATIONS:
1. Proclamation proclaiming October 2019 Domestic Violence Awareness Month
The Council presented the Proclamation to Greg Malik, RISE Board Member.
2. Employee Recognition
City Manager Rickard presented the following employees with Service Awards:
10 Years: Flavia Parotti, Lead Zookeeper
15 Years: David Anastasia, Systems Administrator III
Rochelle Hanson, Police Corporal
Michael Stornetta, Fire Engineer
20 Years: Kelly Arebalo, Administrative Assistant
Casey Bryson, Fire Chief
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – October 8, 2019
Recommendation: Council approve the October 8, 2019 Draft City Council
Meeting Minutes. [City Clerk]
2. September 2019 Accounts Payable and Payroll
Fiscal Impact: $2,513,683.87
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for September 2019. [Administrative Services]
3. Amendment to Atascadero Municipal Code Section 4-2.1301 – Time Limit Parking
Fiscal Impact: None.
Recommendation: Council adopt on second reading, by title only, Draft
Ordinance amending Title 4, Chapter 2, Article 13, Section 4-2.1301 of
the Atascadero Municipal Code regarding time limit parking areas.
[Police Department]
4. Resolution to Authorize Application for Prop 68 Parks and Recreation Grant
Per Capita Program Funds
Fiscal Impact: The City of Atascadero is eligible to receive a minimum of $200,000
and can apply for multiple projects. If awarded, this grant will have a positive fiscal
impact, as it will allow for much needed park enhancements to take place.
Recommendation: Council approve Draft Resolution authorizing an application
for Proposition 68 California Drought, Water, Parks, Climate, Costal Protection
and Outdoor Access for All Per Capita Program Funds to the California
Department of Parks and Recreation. [City Manager]
MOTION: By Council Member Funk and seconded by Council Member Newsom
to approve the Consent Calendar. (#A-3: Ordinance No. 629)
(#A-4: Resolution No. 2019-080)
Motion passed 5:0 by a roll-call vote.
Page 7 of 183
ITEM NUMBER: A-1
DATE: 11/12/19
Atascadero City Council
October 22, 2019
Page 3 of 5
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Emily Reneau, Geoff Auslen
(Exhibit A), Regina Sampson and Jake White
B. PUBLIC HEARINGS: None.
C. MANAGEMENT REPORTS:
1. Discussion of Mobile Home Park Rent Stabilization Issue
Fiscal Impact: None at this time.
Recommendation: Council discuss mobile home park rent stabilization issue
and provide direction to staff. [City Attorney]
City Attorney Pierik gave the report and answered questions from the Council.
Mayor Moreno recessed the meeting at 8:01 p.m.
Mayor Moreno reconvened the meeting at 8:12 p.m. with all present.
PUBLIC COMMENT:
The following citizens spoke on this item: Steve Petrowsky, Kent Groseclose, Karen
Levanway, Betty Lightfoot, Jan Whitely, Tracey Finegan, Jim Joffe, Jarryd Gonzales, Clyde
Snyder, Jim Cain, and Jeannie Ashby
Following discussion by the Council, Mayor Moreno appointed an ad hoc Committee of
Mayor Pro Tem Bourbeau and Council Member Fonzi to look specifically into the issue with
Rancho del Bordo and how the City may help to facilitate any resolution for the mobile home
owners at this park.
Mayor Moreno recessed the meeting at 9:08 p.m.
Mayor Moreno reconvened the meeting at 9:13 p.m. with all present.
2. Sphere of Influence and MOA Update
Fiscal Impact: None at this time.
Recommendation: Council adopt Draft Resolution approving a Memorandum
of Agreement between the City of Atascadero and the County of San Luis
Obispo regarding the City’s Sphere of Influence and other study areas
adjacent to the City Limits. [Community Development]
Community Development Director Dunsmore gave the report and answered questions from
the Council.
Page 8 of 183
ITEM NUMBER: A-1
DATE: 11/12/19
Atascadero City Council
October 22, 2019
Page 4 of 5
PUBLIC COMMENT:
The following citizens spoke on this item: Mike Prater
Following discussion by the Council, Mayor Moreno suggested that language in Section 2
of Exhibit B of the MOA be changed. Upon clarification, Council indicated that if the County
did not accept the request to change the language in Section 2, any approval of the MOA
would still be valid.
Mayor Moreno closed the Public Comment period.
MOTION: By Council Member Fonzi and seconded by Council Member
Newsom to adopt Resolution No. 2019-081 approving a
Memorandum of Agreement No. 2019-014 between the City of
Atascadero and the County of San Luis Obispo regarding the
City’s Sphere of Influence and other study areas adjacent to the
City Limits and request that the County change the language of
Section 2 of Exhibit B to the MOA to read as follows:
… Per provision 12 below a higher level of coordination shall take
place for projects in the areas of focus described in that section. …
Motion passed 5:0 by a roll-call vote.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members made brief announcements and gave brief update reports
on their committees since their last Council meeting:
Mayor Moreno
1. County Mayors Round Table
2. SLO Council of Governments (SLOCOG)
Mayor Pro Tem Bourbeau
1. Integrated Waste Management Authority (IWMA)
Council Member Funk
1. League of California Cities – Council Liaison
Council Member Funk reported that she and Mayor Pro Tem Bourbeau attended the League
of California Cities annual conference with the City Manager October 16-18 in Long Beach.
Council Member Newsom
1. City of Atascadero Design Review Committee
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURN
Mayor Moreno adjourned the meeting at 9:59 p.m.
Page 9 of 183
ITEM NUMBER: A-1
DATE: 11/12/19
Atascadero City Council
October 22, 2019
Page 5 of 5
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
The following exhibit is available for review in the City Clerk’s office:
Exhibit A – Photo of recycle bin at Glenn’s Repair
APPROVED:
Page 10 of 183
ITEM NUMBER: A-2
DATE: 11/12/19
Atascadero City Council
Staff Report – Information Technology Division
Network Switch Replacement Project
RECOMMENDATIONS:
Council:
1. Authorize the City Manager to execute a contract with Helixstorm for a total of
$110,779.38 for the purchase of network switching infrastructure, licensing, and
implementation and configuration services.
2. Council authorize the Administrative Service Director to appropriate $49,820 from
the Technology Fund.
DISCUSSION:
Background
The City’s network switching infrastructure is comprised of physical switches located at
each City facility. These switches are responsible for transporting data between all
network equipment, e.g., staff computers, phones, printers, servers, etc. The current
switches were installed between 2010 and 2013 and have reached their end-of-life. The
City’s switching infrastructure is showing signs of aging. Recent network performance
issues are most likely resulting from these older pieces of hardware. In order to maintain
a secure and stable computing environment, the switching infrastructure must be replaced.
Hardware
City staff made the determination in the mid-2000s to standardize switching hardware to
a single manufacturer. The determination at the time was to utilize Hewlett Packard
exclusively for all switching hardware. City staff reviewed that decision at the onset of
this current project and upheld the decision to continue to standardize with Hewlett
Packard, now Hewlett Packard Enterprise (HPE), for all switching hardware. HPE
supplies excellent technology at a price point the City can utilize.
City staff originally budgeted $69,000 for the replacement of all City switches, along with
the purchase of additional switches, to increase the end-point capacity at a few facilities.
City staff utilized the services of Helixstorm to assist with the design and equipment
selection for this project. After working with Helixstorm, it was clear that the initial budget
assumption was below what it would take to adequately meet the City’s growing needs.
City staff worked with Helixstorm to reduce costs as much as reasonably possible. The
resulting quote strikes an advantageous balance between functionality and cost. The quote
shows pricing for all the required hardware as well as the services for implementation and
Page 11 of 183
ITEM NUMBER: A-2
DATE: 11/12/19
configuration. The quoted hardware pricing is below published NASPO ValuePoint pricing,
therefore, as allowed under Section II-3.1.h.3 of the Purchasing Policy, $100,779.38 in
switching hardware will be purchased through Helixstorm.
Services
City staff relied heavily on Helixstorm’s knowledge of both the City’s network and switching
best practices to select the hardware that will best meet the City’s needs. As allowed
under Section V-3.1.f.3 of the Purchasing Policy, City staff has also selected Helixstorm
to install and configure the new switches. Helixstorm has contracted with the City for many
years on projects ranging from server virtualization migration and storage architecture to
database server upgrades. Helixstorm has an intimate knowledge of the City’s network
that would take many hours and dollars for a new vendor to acquire an equitable level of
knowledge to assist with this project. Helixstorm has provided excellent service in the past
allowing staff to confidently present them as the sole source vendor for this project.
Conclusion
The IT Division has selected Helixstorm to install and configure switches purchased from
HPE that will replace all existing switches located at City facilities. The new switches will
enable staff to stabilize the City’s network and will provide staff with greater insight into
the overall performance of the City’s network.
FISCAL IMPACT:
A total project budget of $69,000 is included in the adopted FY 2019-2021 budget. This
action will result in the expenditure of a contract amount of $110,779.38, not including
travel expenses and a 5% contingency. The remaining funds will be appropriated from
the Technology Fund.
Expenditure summary:
PROPOSED FUNDING USES
Hardware $ 100,780
Installation/Configuration Services 10,000
Project Contingency (5%) 5,540
Travel Expenses (not to exceed) 2,500
Total Estimated Costs $ 118,820
ESTIMATED FUNDING SOURCES
2019-2020 Budgeted Technology Funds $ 69,000
Proposed Technology Reserves 49,820
Total Funding Sources $ 118,820
PROJECT FUNDING SURPLUS/(SHORTFALL) $ -
ATTACHMENT:
Quote
Page 12 of 183
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
11/12/19
1
Page 13 of 183
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
11/12/19
1
Page 14 of 183
ITEM NUMBER: A-3
DATE: 11/12/19
Atascadero City Council
Staff Report – Public Works Department
Zoo Garden Event Center Construction Award
RECOMMENDATIONS:
Council:
1. Award a construction contract for $630,000 to Newton Construction &
Management, Inc. for the Zoo Garden Event Center (City Project No.
C2016M01).
2. Authorize the City Manager to execute a contract with Newton Construction &
Management, Inc. in the amount of $630,000 for the construction of the Zoo
Garden Event Center project.
3. Authorize the Director of Administrative Services to appropriate an additional
$167,240 in Public Facilities Fees Fund balance for FY19/20 toward the Zoo
Garden Event Center project.
DISCUSSION:
Background
The Zoo Garden Event Center will be a new City facility that will provide a multi-purpose
space for Charles Paddock Zoo education programs and Atascadero Lake Park events.
Staff began work on this project in late 2016 with a rchitect Mark Dariz to develop
preliminary design work to meet the needs of various uses and activities. In Fall 2018,
Ravatt & Albrecht was hired to perform final design and preparation of construction
plans and specifications for the project. Since that time, the City has worked with the
design team to refine the architecture and site layout to meet multiple user needs and
provide as much flexibility as possible, while keeping the facility at a level that won’t
trigger more expensive mandatory Building Code requirements such as additional
restrooms and electrical vehicle charging stations.
Design Analysis
The Zoo Garden Event Center is envisioned as a multi-use, open-walled, pavilion-type
structure that will provide: a new zoo education space to replace the educational space
that was displaced by the Red Panda Exhibit project, as well as a venue for other Zoo
and Park programs, special events, and private rentals. Given the varied space needs,
a project design advisory team comprised of members from various City departments
Page 15 of 183
ITEM NUMBER: A-3
DATE: 11/12/19
was created. The advisory team provided input and feedback to the design team to
ensure that the facility design provides a space to meet the various needs to which it
will serve while providing flexibility for future uses.
The following essential design requirements for the Zoo Garden Event Center were
identified during the preliminary design process:
1. Direct connection to the Zoo – new facility to be located where the volleyball
court currently exists. An ADA compliant pathway will be provided from the
Zoo main entrance to the new facility.
2. Perimeter fencing meeting the accreditation requirements of Association of
Zoos & Aquariums (AZA).
3. Approximately 1,200 square feet of covered, open interior space (finished
concrete slab floor).
4. Approximately 5,000 square feet of uncovered finished concrete patio area
(partially pervious concrete).
5. Storage room within building footprint for tables, chairs, stage, etc. to support
the various uses.
6. Minimal site amenities sufficient for rental of building for private events, either
alone or part of Zoo or Park rental.
7. Electrical service for built-in and string lighting, outlets, and other uses. The
service will be supplied from the existing meter at Zoo maintenance building.
8. Design of building to meet Lake Park Design standards, while incorporating
design features from existing Zoo buildings.
9. Meet all Code requirements.
10. Minimize impacts to existing trees, drainage patterns and Zoo animals.
Plans showing the proposed facility are included as Attachment 2.
Bid Analysis
The project was publicly bid starting August 29, 2019 for a minimum of 30 days in
accordance with State Contracting Laws and the City’s Purchasing Policy. A public bid
opening was held on October 15, 2019 and three bids were received ranging from
$418,000 to $698,507. The bid proposals were reviewed for mathematical accuracy
and compliance with project bidding requirements. A bid protest was received from the
second lowest bidder, Newton Construction & Management (Newton), regarding the
responsiveness and responsibleness of the bid proposal received from the apparent
low bidder, Davner Construction (Davner). Davner is a relatively new contractor and
the protest was partially based upon their project experience.
The City determined that Davner’s bid proposal was responsive and responsible per the
bidding requirements. However, Davner notified the City that their bid proposal had
errors related to not including costs for foundation work and made a formal request to
withdraw their bid from consideration. Therefore, the City Engineer has determined that
Newton Construction & Management, Inc. of San Luis Obispo is the lowest responsive
bidder at $630,000.
Page 16 of 183
ITEM NUMBER: A-3
DATE: 11/12/19
Environmental Review
The proposed project is Categorically Exempt (Class 3) from the provisions of the
California Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000,
et seq.) pursuant to CEQA Guidelines Section 15303, which exempts the construction
of structures less than 2,500 square feet in floor area. A finding of exemption is on file
in the project records.
The Zoo Garden Event Center project has been planned and budgeted for the last few
years and includes $741,760 in funding from the Public Facilities Fees Fund. There
has been an estimated $80,000 spent to date on the design and bid phases, leaving
$661,760 in remaining estimated budgeted funds to complete the project. Staff
recommends keeping a 15% construction contingency for the project ($95,000), and
believes it will cost $54,000 for construction testing, inspection, and support activities to
complete the project. An additional $50,000 is estimated for sound equipment,
shelving, furniture and other equipment necessary to run the facility. Due to the high
construction cost that we are seeing, an additional budget appropriation of $167,240 in
Public Facilities Fees Fund reserves is necessary to complete the Project. The Public
Facilities Fees Fund contains adequate fund balance to cover the budget shortfall.
FISCAL IMPACT:
Award of the construction contract to Newton Construction & Management, Inc. for the
Zoo Garden Event Center (City Project No. C2016M01 ) will result in the expenditure of
$630,000 in Public Facilities Fees.
The Project funding sources and uses are as follows:
Design and Bid Phase 80,000$
Construction Contract 630,000
Contruction Testing, Inspection and staff time (8%)54,000
Equipment and Furniture 50,000
Construction Contingency (15%)95,000
Total Estimated Costs 909,000$
Public Facilities Fees Fund budgeted funds 741,760$
Proposed Public Facilities Fees Fund Reserves 167,240
Total Funding Sources 909,000$
PROJECT FUNDING SURPLUS/(SHORTFALL)-$
PROPOSED FUNDING USES
ESTIMATED FUNDING SOURCES
Page 17 of 183
ITEM NUMBER: A-3
DATE: 11/12/19
ALTERNATIVES:
Council may cancel the project or direct staff to rebid the project. Staff does not
recommend rebidding the project since construction is proposed to occur over a
traditionally slow construction period (winter) for contractors, and rebidding will likely
result in higher bids. In accordance with the Public Contracting Code, Davner is not
allowed to submit a bid proposal if the project is rebid since they withdrew their bid
proposal.
ATTACHMENTS:
1. Bid Summary
2. Zoo Garden Event Center Plans
Page 18 of 183
ITEM NUMBER: A-3
DATE: 11/12/19
ATTACHMENT: 1
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ITEM NUMBER: A-4
DATE: 11/12/19
Atascadero City Council
Staff Report – Community Development Department
Housing Element and Inclusionary Housing Ordinance Contract
RECOMMENDATIONS:
Council:
1. Authorize the City Manager to execute a contract for $94,000 with MIG to
provide planning consultant services for the preparation of the 6th cycle General
Plan Housing Element update and Inclusionary Housing Ordinance .
2. Authorize the Administrative Services Director to budget an additional $25,000 in
SB 2 grant funds and to appropriate an add itional $25,000 in grant funds for the
Development of Housing Element and Inclusionary Housing Policy.
DISCUSSION:
The Housing Element of the General Plan is a state mandated element that must be
updated in accordance with the City’s Regional Housing Ne eds Assessment (RHNA).
The previous RHNA cycle (5th cycle) began in 2015 and runs through 2019. The next
RHNA cycle runs from 2019 to 2028. The new Housing Element must be completed by
the end of the 2020 Calendar year in order to meet State certification deadlines. In
conjunction with this effort, the City will be preparing an update to the City’s affordable
Inclusionary Housing Policy to respond to recent changes in state density bonus law
and to continue to meet state affordable housing mandates.
Staff issued a RFP to seek consultant help for these activities in August 2019 and
received two proposals in September 2019. One proposal was received from MIG out of
Pasadena and another from EMC out of the Monterey area. Staff interviewed both
consultants and selected MIG due their experience and history of successfully working
with the State HCD (Housing and Community Development). The City of Paso Robles
has also selected MIG to prepare their Housing Element. Since both Cities are utilizing
the same consultant, there will be some cost savings due to shared meeting dates as
the consultants can serve both Cities with one trip to our region.
As part of the timeline to meet the certification deadlines, staff anticipated awarding a
contract in early November 2019, with work to start immediately following a kickoff
meeting that is anticipated in late November. Awarding the contract to MIG meets the
timeline and keeps the City on target for the end of 2020 deadlines. The scope of work
(Attachment 1) identifies all work to be completed by 2020.
Page 22 of 183
ITEM NUMBER: A-4
DATE: 11/12/19
This project is included in the adopted FY2019 -2021 budget; however, the budget
estimated both related grant income and a total project cost of $75,000. The
consultant’s proposal of $94,000 includes a very robust public outr each process and
the cost is consistent for this type of work. Staff is recommending an additional $6,000
be budgeted for other incidental costs associated with the Project. All project costs are
anticipated to be covered by a non -competitive grant that is available through Senate
Bill 2 (SB 2). SB 2 allocates funding to each local community based on population size.
In Atascadero, $160,000 is allocated towards activities that meet the grant criteria. In
order to be eligible for grant funding, eligible ac tivities must demonstrate a clear path to
the production of affordable housing. The Housing Element and Inclusionary Ordinance
are both activities that clearly fit eligibility criteria. Although grant funding will not be
available until January of this year, the grant funding is retroactive back to May of 2019.
Consultant costs will be covered by the grant, however there will be some costs related
to significant staff time associated with these projects.
FISCAL IMPACT:
Award of the contract to MIG for the Development of Housing Element and Inclusionary
Housing Policy Project will have no net fiscal impact to the City. All consultant costs
associated with this required project are anticipated to be covered by SB 2 grant funds.
ALTERNATIVES:
Council may direct staff to modify the scope of work as appropriate.
ATTACHMENT:
MIG scope of work and budget
Page 23 of 183
1
MIG Scope of Work
We have prepared a scope of services based upon our extensive Housing Element experience, a review of the
RFP, and our understanding of Atascadero's needs. The City prepared a detailed scope of work in the RFP. Our
proposed scope of work deviates slightly from that scope in that we propose slightly different processes,
drawing on our previous experiences and best practices, and recognizing that HCD likely will not be allowing
for streamlined review. Based on subsequent discussions with City staff, the scope and budget can be
expanded, contracted, or otherwise modified.
We have developed a scope that addresses the requirements of State law, together with a rigorous schedule
to adhere to the State adoption deadline for the Housing Element (December 31, 2020). In preparing the
Housing Element update, MIG will ensure that all requirements of recent State legislation are addressed. This
legislation includes the new State laws included as part of the 2017 California Housing Package (identified in
the Project Understanding discussion in the preceding pages of this proposal), with two items in particular
affecting the drafting of the Housing Element update:
AB 879 (Grayson) adds specific requirements to the non-governmental constraints analysis related to
local ordinances or development patterns that could impact the cost and supply of residential
development. AB 879 also requires a program to address and remove nongovernmental constraints to
the maintenance, improvement, and development of housing.
AB 1397 (Low) makes numerous changes to how a jurisdiction establishes its Housing Element sites
inventory and places new requirements on non-vacant sites identified in a Housing Element from a prior
planning period and vacant sites identified in Housing Elements from two consecutive prior planning
periods.
While HCD has indicated that it will not make streamlined review an option for the sixth housing element cycle,
HCD may provide mechanisms for cities to gain efficiencies in the review process. We will keep the City abreast
of any development in this respect.
Task 1: Project Initiation and Ongoing Coordination
1.1 PROJECT KICK-OFF AND SCOPE REFINEMENT
We will conduct a kick-off meeting with City staff to refine the work scope, identify key project team roles, and
establish product review procedures. The project scope—including community engagement components and
optional tasks—will be refined based on our discussions and critical project milestones, and a clear project
schedule will be established. The project schedule will outline a work plan focused on achieving an adopted
Housing Element by the end of 2020, ahead of the statutory deadline. In conjunction with the kick-off meeting,
MIG will participate in a tour of the City and orientation with City staff. City staff will be responsible for arranging
a vehicle for the tour and planning the tour route. This scope and budget assume that the kickoff meeting will
happen on the same day (or on consecutive days) as the City of Paso Robles kick-off meeting.
1.2 PROJECT MANAGEMENT, PROJECT TEAM MEETINGS/CALL
For the duration of the project, the MIG project manager will conduct regular (biweekly) phone calls with City
staff to ensure project coordination and to support close collaboration. These calls will allow the team to review
project status, discuss issues and documents, and plan presentations. Any in-person meetings will be held as
needed in conjunction with outreach meetings to provide cost efficiencies associated with travel. This task also
includes project management related to invoicing and status reports.
1.3 SB 18 CONSULTATION (OPTIONAL)
ITEM NUMBER: A-4
DATE: 11/12/19
ATTACHMENT: 1
Page 24 of 183
2
We have included an optional task to assist the City with SB 18 consultation, as required by State law. As part of
this optional task, MIG will provide the City with letter templates for the Native American Heritage Commission
and tribes, along with instructions for SB 18 Consultation. Telephone calls or meetings with responding tribes are
not included in this proposal, as State law requires that the City conduct any requested consultation.
Task 1 Deliverables
Revised scope of services, budget, and agenda
Monthly invoicing and status reports
SB 18 letter templates and instructions (OPTIONAL)
Task 2: Community Engagement
State Housing Element law requires that meaningful public outreach be included as part of the update
process. In the RFP, the City has stated that public outreach, at a minimum, should consist of two public
workshops and two public hearings (one each with the Planning Commission and City Council). Additional
input is anticipated through study sessions with the City Council. Public hearings are addressed in Task 5 below.
2.1 COMMUNITY WORKSHOPS
We propose the following approach for the two workshops. This format can be adjusted (for one or both of the
workshops) as directed by City staff.
MIG will prepare a PowerPoint presentation for each workshop. MIG will submit the PowerPoint electronically to
City staff for review, reproduction, and/or distribution. Two MIG staff will attend each workshop, one to make
the presentation and lead the discussion and the second to graphically record public and decision-maker
comments.
City staff will be responsible for identifying stakeholders and interested parties to invite to the workshops,
distribution of public notices and flyers, and any related advertising regarding the workshops. Following each
workshop, MIG will prepare a brief workshop summary.
Workshop #1
The first workshop will be structured to gather input from key local stakeholders, such as the San Luis Obispo
Housing Trust, nonprofit housing developers, the People's Self-Help Housing, local homeless shelters, and
representatives of lower-income and special needs housing advocacy groups. The meeting will be organized
to first include a presentation by the MIG Team about the intent of the Housing Element update, followed by an
MIG-facilitated discussion regarding housing issues, opportunities to meet local housing needs, and creative
approaches to address the City’s constraints to housing production. This meeting will be structured as a focus
group meeting where stakeholders such as housing developers, advocates, and neighborhood representatives
are invited to participate in a separate workshop meeting to provide their input. This option allows for
coordination with stakeholders that are also affiliated with the City of Atascadero, where stakeholders may
attend either the meeting occurring in Atascadero or in Paso Robles, as their schedules allow. This meeting will
be held on the same date as a meeting held in the City of Paso Robles, to facilitate cost savings.
Workshop #2
The second public workshop will be conducted once a draft of the Housing Element has been completed. This
will allow information to be presented to and discussed with residents and other stakeholders in an informal
manner prior to submittal to HCD and the more formal public hearings. At the second workshop, we will provide
an overview of the Draft Housing Element, including State requirements, constraints, programs designed to
meet the RHNA, and proposed housing goals and policies. We propose this community meeting consist of a
joint City Council and Planning Commission workshop broadly advertised to the public as an in-depth public
ITEM NUMBER: A-4
DATE: 11/12/19
ATTACHMENT: 1
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3
discussion on the Housing Element. The public, City Council members, and Planning Commissioners will be
asked to review and provide feedback on the information provided.
We are available to attend additional meetings as additional services.
2.2 STUDY SESSIONS WITH DECISION MAKERS
To identify issues and concerns City policy makers may have and to get direction on key policy issues early on, we
propose to conduct two study sessions with decision makers. These study sessions may be held either with the City
Council, or as a joint meeting with the Planning Commission and City Council. The study sessions should be broadly
advertised to the public as an in-depth public discussion on the Housing Element. City staff will be responsible for
public notices and staff reports. MIG will prepare and present a PowerPoint presentation for the study sessions. We will
submit the materials electronically to City staff for review prior to each study session. One MIG staff will attend each
study session.
Study Session #1
The first study session will be held early in the process. At the study session, we will review the overall objectives for the
Housing Element update, schedule, and general parameters of the Housing Element. The study session will also
provide the opportunity for individual Commission/Council members to express their ideas about the undertaking, to
discuss and/or add issues to the list for consideration, and for the general public in attendance to provide their input.
This structure will also allow the Commission/Council the opportunity to hear public comments on housing issues at
the beginning of the process.
Study Session #2
The second study session will be held after the first community workshop. At this study session, we will present what we
have heard during initial investigative tasks, discuss key policy issues for discussion and solicit guidance on key policy
choices based on our preliminary work.
Task 2 Deliverables
Workshop PowerPoint presentations (2) – draft and final (electronic)
Workshop summaries (2) - electronic
Study Session PowerPoint presentations (2) – draft and final (electronic)
Task 3: 2019-2028 Housing Element
We will prepare the components of a draft Housing Element for the 2019-2028 planning period that address the
requirements of State law. In preparing the Housing Element update, we will proactively identify issues,
immediately bring those issues to the attention of City staff, identify potential solutions, and coordinate with City
staff as to the best course of action.
3.1 2019-2028 ADMINISTRATIVE DRAFT HOUSING ELEMENT
Review Related Documents
MIG will review City documents to aid in understanding local conditions and the community’s housing needs. A
complete data needs list will be provided to the City prior to the kick-off meeting. This scope of work assumes
the City will provide MIG with the GIS data needed for sites identification.
2014-2019 Housing Element Program Accomplishments
The Housing Element is required by State law to include a report on the progress the City has made in
implementing the current Housing Element. As such, we will assess the continued appropriateness of the 2014-
2019 Housing Element programs and policies in contributing to the attainment of the stated housing goals.
ITEM NUMBER: A-4
DATE: 11/12/19
ATTACHMENT: 1
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4
The project team will specifically assess all housing programs to determine whether existing programs were
successfully implemented and to inform future policy recommendations. The 2014-2019 Program
Accomplishments will be quantified where possible but may be qualitative where necessary.
Needs Analysis
Government Code Section 65583 requires housing elements to review specific demographic, economic, and
housing topics, as well as projected housing needs. We will complete a housing assessment and needs analysis
to comply with Government Code Section 65583(a) and other applicable State statutes. We anticipate
updating the Housing Needs Assessment with housing and population data based on the latest U.S. Census
and three- or five-year estimates from the American Community Survey, and other up-to-date City data
available related to existing housing units and recent development projects.
MIG will assess housing costs and conditions and evaluate housing needs within the City, including housing
needs for special population groups. We will also assess existing assisted housing developments that are eligible
to change designation from low-income housing to market-rate housing over the next ten years, consistent with
State law.
Housing Constraints
The Housing Constraints analysis identifies potential and actual governmental and nongovernmental (e.g.,
physical or financial) constraints to housing production. We will update this section as necessary with up-to-
date development processes and fees, as well as changes in market constraints due to economic changes
since the last Housing Element was written.
We will assess the potential for residential development consistent with adopted land use and zoning policy, as
well as opportunities for energy conservation, consistent with state law. Where constraints exist, we will suggest
housing programs to mitigate or remove these constraints. New laws concerning changes to the housing
constraints analysis such as AB 879 and all changes to the State’s accessory dwelling unit laws (which are
continuously evolving) will be addressed.
Resources and Sites (Opportunities)
The Resources and Sites analysis will focus on site suitability for housing, drawing first from sites identified in the
2014-2019 Housing Element. We anticipate that some of these sites will continue to be available for this Housing
Element; where new sites are necessary due to project development, changes in circumstance, and because
of the larger RHNA, we will assess the areas identified as most likely to redevelop at density levels that can
facilitate affordable housing. These areas include RMF-24 zoned land and commercial zones that allow multi-
family residential uses in the downtown core and El Camino Real corridor (CN, CP, CR, CS, DC, and DO zones).
We anticipate identifying additional opportunities associated with accessory dwelling units and residential infill
strategies.
We will also review the City’s 2007-2014 Housing Element (provided by staff) to ensure consistency with new
state law AB 1397, which makes numerous changes to how a jurisdiction establishes its housing element sites
inventory.
MIG will prepare the Sites Inventory GIS map and parcel-specific listing (table) of individual sites. The MIG Team
will then work to provide the required justifications that these sites can facilitate the development of housing,
due to existing site, market, and development conditions.
ITEM NUMBER: A-4
DATE: 11/12/19
ATTACHMENT: 1
Page 27 of 183
5
The analysis will also evaluate and include funding resources, administrative resources, and opportunities for
energy conservation.
Goals, Policies, and Quantified Objectives
Based on the analysis completed in the above items and building on the existing Housing Element, we will craft
a Housing Plan with goals, policies, and programs relative to the maintenance, preservation, improvement, and
development of housing to cover this new planning period. The Housing Plan will address accessory dwelling
units, residential infill strategies, targeted locations for rezoning to accommodate additional density (as
needed), reuse of existing commercial centers for mixed use, recommendations from the El Camino Corridor
Study, and recommendations that can facilitate a citywide General Plan update.
Programs will be practical and implementable given existing staffing levels and resources. Quantified
objectives will be established to address housing needs for all income groups, including extremely low-income
households.
Administrative Draft
The Administrative Draft Housing Element, consisting of the above sections, will be submitted electronically to
the City for staff review.
3.2 2019-2028 DRAFT HOUSING ELEMENT
The City will be responsible for collecting all staff comments into a single document using Microsoft Word’s track
changes function, from which MIG will revise the Administrative Draft Housing Element and complete the Draft
Housing Element for public review and HCD submittal. This scope and budget assume one round of comments
and revisions with staff. This task includes a delivery of one hard copy and an electronic PDF copy on CD of the
Draft Housing Element, mailed to HCD, per HCD’s guidance.
Task 3 Deliverables
Administrative Draft Housing Element (electronic)
Draft Housing Element for HCD review (one printed copy plus an electronic PDF on CD, per HCD policy/request)
Task 4: Consultation with HCD
This task involves coordination with HCD to review the City’s Draft Housing Element for consistency with State
housing element law, including preparation and submittal of transmittal letters to HCD. For our preparing
Housing Elements for the fifth cycle, we have succeeded in securing compliance letters from HCD for most
jurisdictions after only a single round of review. We work extensively with HCD staff during the review periods to
address their comments prior to expiration of the 60-day review timeline. For Atascadero, our goal is to achieve
the same. As such, our scope assumes one round of HCD review for the draft Housing Element and one round
of HCD review on the adopted Housing Element (HCD is allowed 60 days to review a draft Housing Element
and 90 days to review an adopted Housing Element).
4.1 HCD CONSULTATION
During the initial review period—and during the course of element preparation—we will keep in contact with
HCD staff to facilitate review and anticipate/respond to any specific concerns HCD may have. As necessary,
we will provide HCD with any requested supplemental data or information on proposed programs, policies,
and strategies to meet the RHNA and otherwise comply with State law. As we cannot fully anticipate the depth
and scope of comments HCD will offer (particularly given the recent changes in housing element law) nor the
time required to effectively negotiate a position acceptable to the City, we have provided an allowance for
ITEM NUMBER: A-4
DATE: 11/12/19
ATTACHMENT: 1
Page 28 of 183
6
this task in the program budget. If additional effort is required beyond this allowance, we will bill for additional
work on a reimbursable basis with prior authorization from the City. Our scope includes the submittal of the
Housing Element to HCD (Task 3.2), conference calls with HCD staff and City staff to discuss comments, and
preparation of written responses to HCD comments as needed.
4.2 PUBLIC REVIEW DRAFT HOUSING ELEMENT
Subsequent to receiving a letter of compliance from HCD on the Draft Housing Element, MIG staff will prepare
the Public Review Draft Housing Element for adoption hearings. This task includes a delivery of three hard
copies and an electronic PDF copy.
Task 4 Deliverables
Draft Public Review Housing Element for public hearings (3 printed copies plus an electronic PDF)
Task 5: Affordable Housing Ordinance
This scope and budget assume minor modifications to the City's existing Inclusionary Housing Policy. This scope
does not include a nexus study or detailed market analysis. If requested by the City, MIG can provide support
and identify sub-consultants to facilitate these economics tasks.
5.1 REVIEW EXISTING ORDINANCE PERFORMANCE
MIG will review the existing Affordable Housing Ordinance and past performance, based on information
provided by City staff pertaining to completed projects.
5.2 REVIEW EXISTING ORDINANCE COMPLIANCE
MIG will review the existing Affordable Housing Ordinance for compliance with state housing law, density bonus
law, and best practices.
5.3 DEVELOP AFFORDABLE HOUSING ORDINANCE
MIG will develop a comprehensive affordable housing ordinance with quantified objectives that address, at a
minimum, the following:
Accessory dwelling units
Housing that is affordable by design with specific standards
Reasonable requirements that favor smaller housing units close to jobs and services
Incorporation of Housing Element and HCD goals
The Administrative Draft Affordable Housing Ordinance, consisting of the above sections, will be submitted
electronically to the City for staff review. The City will be responsible for collecting all staff comments into a
single document using Microsoft Word’s track changes function, from which MIG will revise the Administrative
Draft Ordinance and complete the Draft Ordinance for public review. This scope and budget assume one
round of comments and revisions with staff.
Task 5 Deliverables
Administrative Draft Affordable Housing Ordinance (electronic)
Draft Public Review Affordable Housing Ordinance for public hearings (electronic)
ITEM NUMBER: A-4
DATE: 11/12/19
ATTACHMENT: 1
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7
Task 6: Public Hearings
6.1 PUBLIC HEARINGS
We have scoped for two public hearings for the Housing Element: one with the Planning Commission and one
with the City Council. We propose to conduct the hearings after receiving a conditional letter of compliance
from HCD.
City staff will be responsible for public notices and staff reports. MIG will prepare and present a PowerPoint
presentation for the hearings. We will submit the materials electronically to City staff for review prior to each
hearing. One MIG staff will attend each hearing. MIG will assist City staff in responding to any public or agency
comments.
We are available to attend additional hearings and prepare staff reports as additional services.
6.2 FINAL HOUSING ELEMENT
Following adoption of the element by the City Council, MIG will prepare a final version of the Housing Element,
including any changes to the draft required by City Staff and officials, for transmittal to HCD for a 90-day
review. We will work closely with City staff to ensure that schedules are maintained to meet State deadlines and
requirements. This task includes a delivery of one hard copy and an electronic PDF copy on CD of the Draft
Housing Element, mailed to HCD, per HCD’s guidance.
HCD has the opportunity to review the Housing Element for up to 90 days—once the Council has adopted it—
to ensure the adopted element complies with the provisional certification letter previously issued. During this
time, MIG will be available to respond to any specific concerns HCD may have. As necessary, we will provide
HCD with any requested supplemental data or information on proposed programs, policies, and strategies to
meet the RHNA and otherwise comply with State law. As we cannot fully anticipate the depth and scope of
comments HCD will offer nor the time required to address questions or comments, we have provided an
allowance for this task in the program budget. If additional effort is required beyond this allowance, we will bill
for additional work on a reimbursable basis with prior authorization from the City.
Task 6 Deliverables
Final Housing Element for HCD certification (one printed copy plus an electronic PDF on CD)
Hearing PowerPoint presentations – draft and final (electronic)
ITEM NUMBER: A-4
DATE: 11/12/19
ATTACHMENT: 1
Page 30 of 183
ITEM NUMBER: A-4
DATE: 11/12/19
ATTACHMENT: 1
Page 31 of 183
ITEM NUMBER: B-1
DATE: 11/12/19
Atascadero City Council
Staff Report – Community Development Department
Micro Community Project -
Grand Oaks Paseo Residential Development
(DEV19-0049)
RECOMMENDATIONS:
Planning Commission recommends City Council:
1. Introduce for first reading, by title only, Draft Ordinance approving Title 9 Zone Text
Amendments to the Planned Development Overlay Zone No. 27 (PD-27), based
on findings.
2. Adopt Draft Resolution, approving a Conditional Use Permit (Master Plan of
Development) and Vesting Tentative Tract Map (Tract 3141) based on findings
and subject to Conditions of Approval.
REPORT-IN-BRIEF:
The Grand Oaks Paseo micro community project consists of a new mixed-use, residential
and commercial project on the site of a previously approved mixed-use project. This new
development proposal includes an amendment to the previously established Planned
Development No. 27, a new Master Plan of Development and Vesting Tentative Tract Map.
The project includes a state density bonus request and is proposing three deed restricted
moderate-income units. In addition, an exception to Title 11 of the Municipal Code is
proposed to accommodate the small lot subdivision. A total of 30 residential units are
proposed in the project, 26 of which would be on individual lots with 4 of them above
commercial spaces close to El Camino Real. The previous project approval on this site
included 40 attached units. The project would be required to incorporate into the City’s
Community Facilities District (CFD) to help it get closer to fiscal neutrality.
Project Info In-Brief:
PROJECT
ADDRESS: 4711 El Camino Real Atascadero, CA APN 029-271-001
PROJECT
PLANNER
Kelly Gleason,
Senior Planner (805)470-3446 kgleason@atascadero.org
APPLICANT Cal Coastal Properties
Page 32 of 183
ITEM NUMBER: B-1
DATE: 11/12/19
PROPERTY
OWNER The Acacias Development LLC
GENERAL PLAN
DESIGNATION: ZONING DISTRICT: SITE
AREA EXISTING USE PROPOSED
USE
High Density
Residential (HDR),
General
Commercial (GC)
Residential Multi-
Family (RMF-24),
Commercial Retail
(CR), PD-27 (Planned
Development #27)
1.71 acres vacant
Mixed-use
Planned
Development
(30 residential
units)
ENVIRONMENTAL DETERMINATION
☐ Environmental Impact Report SCH: ___________________________
☒ Consistent with previously certified Mitigated Negative Declaration No. 2005-0063
☐ Categorical Exemption CEQA – Guidelines Section ____
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
DISCUSSION:
Existing Surrounding Uses / Parcel Configurations:
Existing Zoning Existing Aerial / Surrounding
North: South: East: West:
Residential Single
Family-X /
Commercial
Professional (CP)
Commercial Retail
(CR)
Residential Single-
Family (RSF-X)
Commercial Service
/ El Camino Real
Project History
The “Acacias” planned development was originally approved by the City Council in 2006,
and the site has remained vacant since. A Planned Development Overlay Zone No. 27
was created to allow for a custom mixed-use development that included commercial uses
facing El Camino Real and residential condominium units on the rear portion of the site .
Almost one half of the site (0.76-acre) on El Camino Real frontage retained the
Commercial Retail (CR) zoning designation and the back half of the site (0.95 acres) was
Project Area Project
Area
Page 33 of 183
ITEM NUMBER: B-1
DATE: 11/12/19
changed to Residential Multi-Family. This configuration was found to be in substantial
compliance with the City’s mixed-use policy, which specifies a goal of retaining 50% of
the project as commercial unless the project includes a significant community benefit. The
2004 City Council horizontal mixed-use policy is discussed in further detail later in this
report. Currently, the Tentative Subdivision Map and Conditional Use Permit have
expired; however, the 2006 zoning designations and PD 27 overlay zone remain in place.
The original “Acacias” project included 40 attached multi-family residential units, 6,498 square
feet of commercial retail space, and 2,166 square feet of office/indoor recreational space.
El Camino Court Site Plan – Approved 2006
El Camino Court Elevation
The existing planned development does not allow for ground floor residential uses on the
commercially zoned portion of the property as currently proposed by the applicant. This
project proposes to amend the PD by expanding some additional residential uses within
the commercial portion of the site.
The existing topography, large oak trees and the mid-block location of the site may have
diminished the potential commercial viability of the property. The City’s General Plan
supports the development of mid-block locations with residential uses within the
Page 34 of 183
ITEM NUMBER: B-1
DATE: 11/12/19
commercial zone with the approval of a Use Permit. This development appears to meet the
General Plan goals and could help other nearby commercial properties become viable.
Development of the site with viable commercial uses is constrained by the following:
The site is not located within the commercial core.
The site is not within a commercial node.
The site does not contain sufficient flat land to support parking, accessibility, and
reasonable floor area.
The site backs up to residential uses.
There are several large oak trees that dominate the property.
While the current PD allows residential uses on the rear portion of the site, increases in
the amount of area devoted to residential use on the ground floor require an amendment
to the Planned Development. PD 27 currently allows for a maximum of 40 residential
units and 8,664 square-feet of commercial space (AMC 9-3.672) and refers to a
corresponding Master Plan of Development and Tentative Tract Map. The current
proposal, if approved, will amend all project components for consistency.
The Project concept of small-detached residential units, community living, and shared
open space would add to the variety of housing types in the City and provide individual
ownership of houses that are affordable by design without the limitations of a deed
restriction. These factors appear to support flexibility in the City Council policy for mixed-
use projects in the commercial districts that supply a “community benefit”.
The Design Review Committee (DRC) discussed the current project amendment on
November 28, 2018. The DRC made recommendations for minor modifications to the
proposed project, and voted to forward the proposal to the Planning Commission and City
Council for consideration. DRC direction on each project component is included in the
analysis below.
Analysis
The applicant is proposing to amend a previously approved site-specific Planned
Development (PD-27). The Planned Development Overlay allows for deviation in the
City’s development standards for setbacks, heights, parking, etc. in exchange for project
benefits that have been established by the City Council. Zoning amendments, a new
vesting tentative subdivision map, a new Master Plan of Development (CUP), and a
density bonus are required to approve the revised development plan.
The applicant is proposing 30 residential units, 26 of which are small-detached units with
the remaining four located above a commercial/office space. These upstairs residential
units are four separate residential units built above four separate ground floor office spaces.
The ground floor office spaces can function separately from the residential units and can
be separately accessed, however they can also be internally accessed from the residential
units by an internal stairway. Each of the office spaces are less than 400 square feet and
could function to serve a variety of small office or commercial businesses that are either
utilized by the residential tenant or separately leased. The project also includes a separate
1,900 square-foot community building that may be used for commercial uses.
Site Plan
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ITEM NUMBER: B-1
DATE: 11/12/19
The site is designed with a single driveway access from El Camino Real. There is a
parking area adjacent to the entry driveway to allow for guest and commercial patron
parking. A mixed-use live/work building and a community building are located adjacent to
El Camino Real providing a storefront appearance along the public stree t frontage. The
residential units are located along a looped access road with shared open space areas
developed with decks in the center surrounding existing mature oak trees. Additional
parking is provided along the access drive. There is also a solar carport structure that
provides tandem parking spaces for units without garages and can be used as a
community gathering space as needed. The project was designed to retain as ma ny
mature oak trees as possible.
The project site is zoned Residential Multi-Family (24 units per acre max / 20 units per acre
minimum based on the average property slope of 9.6%) and Commercial retail (20 units
per acre max). The Atascadero Municipal Code requires a minimum density on multi-family
properties to ensure that adequate housing units are provided to meet City, regional, and
state goals. The minimum density for this site, based on split zoning, is 18 units. The
maximum density is 37 units based on the multi-family and commercial areas combined.
The project proposal of 30 housing units falls within this range. The previously approved
PD 27 language allows for a maximum of 40 units including any density bonus requests.
Grand Oaks Micro Community
Concept Map
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ITEM NUMBER: B-1
DATE: 11/12/19
Grand Oaks Micro Community
Site Plan Proposal
Native Tree Removal
One native tree is proposed for removal. The site has been designed to retain the
significant large oaks on-site. The tree proposed for removal is a 10” Live Oak and is
within the proposed access driveway.
Retaining Walls
Due to site topography, there is a significant elevation difference between the rear units
and the adjacent property to the east. The design team has accommodated this change
in grade by building the garages into the slope at the rear of the site, minimizi ng visual
impacts associated with a single vertical wall and allowing the finished grade to be raised
behind each unit.
Parking
There are 70 parking spaces provided throughout the site: 28 private carport spaces,
14 reserved resident tandem spaces, and 28 guest/commercial spaces. There are also
eight off-site parking spaces along El Camino Real. Using a worst case scenario with all
3-bedroom options chosen for units B, C, and D, the Atascadero Municipal Code requires
36 resident spaces, 6 guest spaces, and 4 spaces for the commercial uses for a total of
79 parking spaces. State law dictates the maximum parking ratio for density bonus
projects at one space per one-bedroom unit and two spaces for two- and three-bedroom
units. Under the provisions of state law, 64 parking spaces are required. The project
exceeds the minimum number of parking spaces required by state law.
Community
Space
Community
Building
26 detached one
and two story
single-family micro
homes
4 units above 4 separate
commercial spaces (Mixed-
Use) Commercial Retail /
Multi-Family Residential
Car Port, Bike Locker,
and Community Event
Space
Page 37 of 183
ITEM NUMBER: B-1
DATE: 11/12/19
Paving Materials
Decorative paving is proposed at the entry to the project and along the loop road.
Stamped or scored concrete is proposed adjacent to the mixed-use building and the
majority of the guest and commercial parking area.
The Fire Department requires that the one-way access road through the development be
a minimum of 20-feet wide. This accommodates the City’s ladder truck and stabilizers as
well as traffic evacuating the site. Because a 20-foot wide road appears wide enough for
two-way traffic, and to not detract from the pedestrian focus of the design concept, the
design team is proposing alternative materials that allow the full width to be accessible by
safety vehicles, but give the appearance of a narrower roadway. A contrasting pavement
material or pattern is proposed along the loop road in areas of parallel parking stalls and to
act as a pedestrian sidewalk when not needed for vehicular access during emergencies.
Buildings Setbacks
The project proposes a subdivision of the site to allow for individual ownership of each
residence on its own small lot. The “postage stamp” lots will provide space for each
residence, and will allow for the individual sale of each detached unit and ownership of
the land in fee. The Planned Development and documents recorded with the map will
govern common open space and site design standards, including limiting privacy fencing
in areas where fencing would conflict with the open community concept of the design. As
conditioned, privacy fencing would only be allowed for units that are adjacent to the rear
and side property lines. The center units would be prohibited from erecting privacy
fencing. Each unit is designed with a raised entry porch for private outdoor space. These
areas are raised to provide a sense of separation from the community space without solid
visual barriers.
While these setbacks to property lines are less than those normally required for standard
subdivisions, the PD overlay zone is designed to modify development standards to allow
for flexible and creative residential communities. Standard development setbacks are
maintained at the edges of the site to ensure compatibility with properties outside of the
development and open areas between units will be protected by documents recorded with
the map and the Master Plan of Development to ensure that the intent of the site design
is maintained over time.
Tentative Tract Map and Subdivision Ordinance Exception
A 32 lot tentative tract map is proposed with 26 residential lots, 4 live/work lots, a lot
underlying the community building, and one common lot. The live work lots accommodate
both the office/commercial space and the residence above. The commercial space can
be separately leased but not sold as an individual unit. In order to accommodate individual
small lots that are not along a public street, an exception to the subdivision ordinance
must be granted. Typically, this type of project would be considered a condominium;
however, in a condominium, owners do not own the land below their residence. In this
project, each lot would be separately owned, while the road and other common areas
would be owned in common by all of the owners. This is known as a common intere st
subdivision. Currently, Title 11, Chapter 6, of the AMC requires that all lots front a public
road or be designed as a flag lot. To accommodate this project and its high quality
individual lot pattern, staff is suggesting that an exception be granted to allow for the
proposed small-lot configuration where each lot does not have frontage on a public road,
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ITEM NUMBER: B-1
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nor are they served by a flag lot. In this case, the commonly owned access road and open
space areas will act in the same capacity as a public road for the purposes of access and
utility connections. Exceptions to the subdivision ordinance can be granted by the
Planning Commission and City Council provided certain findings can be made. The
findings are included in the Draft Resolution (Attachment 2). The mixed-use project at the
front of the site would also be subdivided into individual ownership, with each of the 4
residential and attached office spaces subdivided as an airspace condominium.
Architectural Design
The project is designed with an agrarian theme with the residential units taking on a small
Craftsman cottage appearance. Materials include horizontal siding, corrugated metal,
standing seam metal roofing, concrete, faux wood-grain siding, and shingle roofing. All
buildings, including the residential units, are designed with varying roof forms and
undulating façade elements. Upper floors are smaller in floor area than lower floors to
allow for these varied roof forms and added visual interest.
Residential
The applicant is proposing a variety of detached one, two and three-story residential
designs ranging from 471 square-feet to 899 square-feet of living area. The units are
designed to be affordable-by-design due their small size, and the project will be deed
restricting three units at the moderate-income rate consistent with state law and City
Council policy. Units will be a combination of one, two, and three bedroom floor plans with
efficiently designed living spaces. Each unit is designed with private storage space and
laundry facilities. The units along the north and east property lines also include an
understory carport that is built into the slope and acts as a retaining wall at the rear of each
unit as discussed above. The proposed carports provide two private parking spaces each.
Mixed-Use
The proposed project also includes a mixed -use structure along the El Camino Real
frontage designed with residential units built above separately accessible office spaces
that are also internally attached via a stairway and access door. The structure includes
four commercial spaces on the ground floor with attached residential units on the second
floor. The offices will be level with El Camino Real and storefront access will be located
from the public sidewalk. Each of these mixed-use units would be available for separate
ownership, so each owner would own both residential and commercial space. The
commercial space can be separately leased but not sold as an individual unit.
The mixed-use building contains a tower feature that exceeds the maximum allowable
height by 2-feet. A finding has been included in the Draft Resolution (Attachment 2) to
allow for this exception.
Community Building
The project also includes a community building that has a commercial appearance and is
located along the El Camino Real frontage. Large windows face El Camino Real. The
building is accessed through the interior of the site and a stairway/ramp leading up fr om
El Camino Real. This provides a transition area from the public to the private domain
without solid visual barriers. The community building is proposed to be owned by the HOA
and could be used not only for internal community events, but could be made av ailable
as an event or meeting space to the community at-large, or for a co-working space.
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Solar Carport
The proposed project includes a shade structure, which can serve a variety of uses from
parking shelter and bike storage to a covered community gathering space. The structure
is taller to allow for this flexible space design and to allow for the units behind the structure
to be seen, providing a more aesthetic layering between the design elements. In addition,
solar panels are integrated in the roof of the structure and the additional height allows for
increased solar exposure.
The bike storage is housed in a tall tower at the side of the carport/shade structure
anchoring the structure and providing efficient bike storage for a minimum of 16 bikes.
Landscaping
The conceptual landscape plan includes street trees in the sidewalk and additional shade
trees placed strategically to avoid conflicts with the existing mature oak trees on-site. The
common areas include a mix of drought tolerant landscaping and synthetic turf. Decks
are included around the existing mature oak trees to provide a community amenity and
visually layered gathering space. Boulders and stepping stones are provided in key
locations and screening shrubs are locate d along the edges of the site. The retaining
walls at the rear and side of the site are stepped to avoid a single vertical wall.
Signage
The design team is proposing signage for both the commercial potion of the development
and the residential community. Signage facing El Camino Real includes a roof mounted
project name sign and areas for individual tenant signs. The Atascadero Municipal Code
Bike Storage
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prohibits roof-mounted signs; however, many members of the DRC believed that the
signage added character to the building and was tastefully done. Staff has added
language to the proposed overlay zone text allowing for this exception.
Additional community signage is proposed on the sides of the mixed -use building facing
the El Camino Real plaza space and the vehicular entry drive. A community message
board is integrated into the side of the bike storage tower.
Community Mural
The design team is proposing to incorporate art into the community. The current concept
is to include a mural on the blank commercial wall of the adjacent San Jacinto Center.
This concept would heighten the aesthetics of the project and would minimize the impacts
of the existing interface between the commercial center and the project site. Any wall
mural in this location would require approval of the adjacent property owner and would
need to be reviewed by the City to ensure that it reflects an appropriate non -commercial
message.
Traffic & Frontage Improvements
Frontage improvements for the amended project include replaced sidewalk with
in-sidewalk tree installation similar to the Downtown street tree pattern. This allows for
the commercial buildings to directly front the sidewalk and create a pedestrian oriented
space.
The proposed project includes 30 residential units, which is less intense than the 40 units
previously approved as part of the original “Acacias” development. In addition,
commercial square-footage has been reduced from 8,700 to 4,400 square-feet.
Therefore, traffic impacts will be reduced compared to the original project impact. The
project has been reviewed by the City Engineer and no additional traffic related
improvements are required.
Planned Development Benefit Policy
The applicant is proposing to amend a previously approved Planned Development No.
27. Planned Developments allow for deviation in the City’s standards for setbacks,
heights, minimum lot size, etc. in exchange for community benefits that have been
Page 41 of 183
ITEM NUMBER: B-1
DATE: 11/12/19
established by the City Council. The Planned Development Policy requires certain
benefits be provided in order to warrant the granting of special or modified development
standards. The benefit chart is shown below.
PD Location Tier 1 Benefits Tier 2 Benefits
Inside of Urban Core
PD-7
PD-17
Custom PD’s
a) Affordable / Workforce Housing
b) High Quality Architectural Design
c) High Quality Landscape Design
d) Buffering between Urban and
Suburban zones (large lot sizes,
increased setbacks, landscape
buffers, etc.)
e) Higher density to meet Housing
Element goals
a) Pocket Parks in larger projects
b) Trails / Walkways for Pedestrian
Connectivity
c) Historic Preservation
Outside of Urban Core
Rural / Suburban Areas
PD-16
Custom PD’s
a) Natural Open Space Preservation a) Multi-Purpose Trails – Equestrian /
Bicycle / Pedestrian
b) Recreational Areas / Facilities
c) Historic Preservation
The Planning Commission and City Council must find that the amended project provides
all Tier 1 benefits, including high quality landscape and architectural design, in order to
approve the Planned Development amendment. The DRC found that the proposed project
meets the required benefits related to high quality architectural and landscape design.
Inclusionary Housing & Affordable Housing Density Bonus
The City Council has an interim inclusionary affordable housing policy that requires a
percentage of units within residential developments that require a legislative approval to
be reserved as deed-restricted affordable units. Providing affordable housing is also one
of the mandatory Tier 1 benefits of the City Council’s Planned Development Policy.
The City’s policy asks that 20% of the project units are deed restricted for moderate
income households. The Project will include three deed restricted units and the remainder
of the units will not be deed restricted, but will be available for prices that are
commensurate with the guidelines that establish prices for moderately affordable housing.
The overall project will meet the standard of being “affordable by design” and will have
the benefit of allowing property owners to have some upward mobility without the
constraint of a deed restriction. This project will potentially fall into a category of being
100% affordable.
It is anticipated that 100% of the units will sell at or below the moderate-income rate based
on the community design concept and the efficient size of the units. An affordable -by-
design project allows first-time homebuyers to invest in property and benefit from future
appreciation without limitations on future sales prices.
Staff believes that the applicant’s proposal complies with the City’s inclusionary housing
policy and actually voluntarily exceeds the required thresholds for affordability even
though only 10% of the project will actually be deed restricted .
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ITEM NUMBER: B-1
DATE: 11/12/19
City Council Mixed-Use Policy:
In June 2004, the City Council met to discuss requirements for mixed-use projects.
A consensus was reached at that meeting on the following:
The projects should be integrated to the extent possible to produce a "mixed-use"
development as opposed to blocks or strips of different development types.
The projects need to be on vacant land and not be residential infill of commercial
property unless there is significant reinvestment in the commercial portion.
The Council's goal is that 50% of the project is commercial. If less than 50% the
project must include significant community benefit.
The commercial portion of the property must be completed prior to or concurrent
with the residential portion.
The Tausig fee model shall be applied to the residential portion of the project.
The commercial portion of any mixed-use project shall not include ministorage or
other non-retail sales tax generating uses except that offices could be permitted.
These policies apply to new horizontal mixed-use project applications. The originally
approved mixed-use project met the intent of the Council’s Policy by locating a
commercial building and project parking on the forward half of the site with the
40 residential units located on the rear portion of the site in attached multi-story buildings.
The project was approved in February of 2006 and has remained vacant.
The General Plan currently supports allowing residential multi-family developments within
the commercial retail-zoning district at mid-block locations where prime retail is not
desirable or viable. The policy required Conditional Use Permit approval for such
requests. This site’s topography, tree cover, access and visibility create challenges fo r
the development of a large scale retail or commercial project. While overall the Project
does not meet the Council goal of 50% commercial use, the affordability of the Project
does provide significant community benefit.
Tentative Tract Map
A new 32 lot Vesting Tentative Subdivision Map (Tract 3141) is proposed. The Vesting
Tentative Map has been conditioned by staff to meet City standards. The applicant will
be required to record CC&R’s with the final map that will include maintenance provisions
for all community property and improvements throughout the proposed development as
needed. Annexation to the CFD will also be required prior to recordation of final map.
Planned Development Overlay No. 27 Amendment
The proposed project amendment application requires amending the Planned
Development No. 27 code text in the Municipal Code in order to modify the unit count and
project requirements. Staff has included proposed language that will ensure continued
maintenance and shared use of the common area are consistent with the Master Plan of
Development. A list of allowable uses for the live/work and community building has been
included to ensure compatibility with the residential portion of the project and provide
flexibility for the community space.
General Plan Land Use and Zoning Map Amendments
Because the General Plan allows for approval of multi -family residential projects within
the Commercial retail zone, no amendments are prop osed to the General Plan Land Use
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Diagram or the Zoning Map. Development of the site will be governed by the PD-27
overlay zone and the associated adopted Master Plan of Development.
Conclusion
The proposed project is a unique concept focusing on an affordable -by-design housing
product designed with a community focus. The project provides 30 residential units that
range from 471 square-feet of living area to 889 square-feet. Common areas include
landscaped outdoor amenities, a community building, and retention of the existing native
oak trees to the greatest extent possible. Live work units are designed to provide rentable
or home office spaces on the ground floor facing El Camino Real.
The Planning Commission recommends the City Council approve the project as
conditioned.
ENVIRONMENTAL DETERMINATION:
A Mitigated Negative Declaration was prepared for the Acacias Development in 2005. That
environmental document was certified by the City Council during original project approval.
City staff has reviewed this document and determined that the current project, as proposed,
does not increase impacts as analyzed. In fact, the current project scope includes a
reduction in the number of residential units and a reduction of commercial intensity.
An updated archeological review and site survey was completed by the applicant team
and no additional resources were discovered. The project will comply with the Mitigation
Monitoring Program established by the previously certified Negative Declaration.
FISCAL IMPACT:
Based on findings from the 2003 Taussig Study, revenue from new residential
development including property tax revenues, vehicle licensing fees, sales taxes, and
other revenues are insufficient to cover the maintenance and emergency services costs
of new development. Based on the revenue projec tions from the Taussig Study, the City
has developed standard conditions of approval for new development projects that require
the cost of maintenance and emergency services to be funded by the project through
annexation into the existing community facilities district (CFD). The proposed project will
be required to establish a Homeowners Association or other similar mechanism to
maintain the developments roadways, common area landscaping, drainage, etc.
Conditions of approval have been included in the attac hed Master Plan of Development
and Map resolutions.
FINDINGS:
To recommend approval of the proposed project, findings are required to be made by the
City Council. The City’s General Plan and Zoning Ordinance identify the specific findings
that must be made to approve the zoning text amendments, the conditional use permit,
and the tentative tract map. Findings and the facts to support these findings are included
in the Draft Resolution (Attachment 2).
Page 44 of 183
ITEM NUMBER: B-1
DATE: 11/12/19
ALTERNATIVES:
1. The City Council may determine that more information is needed on some aspect
of the project or that changes need to be made to the code text language or
conditions of approval and may refer the item back to the applicant and staff to
develop the additional information. The Council should clearly state the type of
information that is required. A motion, and approval of that motion, is required to
continue the item to a future date.
2. The City Council may deny the project. The Council must specify what findings
cannot be made, and provide a brief oral statement, based on the staff report, oral
testimony, site visit, correspondence, or any other rationale introduced and
deliberated by the Council. If the proposed project amendment were to be denied,
the previously approved Planned Development No. 27 and associated Master Plan
of Development would remain in place for the site.
ATTACHMENTS:
1. Draft Ordinance
2. Draft Resolution
3. Proposed PD-27 redlined amendments
4. Applicant Justification Statement
5. Arborist Report
6. Phase II Archeological Report
7. Project Design Package
Page 45 of 183
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/12/19
1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
AMENDING TITLE 9, ARTICLE 28, PLANNED DEVELOPMENT
OVERLAY DISTRICT NO. 27 (9-3.672)
GRAND OAKS MICRO COMMUNITY
4711 EL CAMINO REAL
(APN 029-271-001)
WHEREAS, an application has been received from Cal Coastal Holdings, LLC (242 El
Dorado Way, Pismo Beach, CA 93449), Applicant, and Owner, to consider a Planned
Development amendment, a revised Master Plan of Development (Conditional Use Permit), and a
new Vesting Tentative Tract Map; and
WHEREAS, the site’s current General Plan Land Use Designation is High Density
Residential (HDR) and General Commercial (GC); and
WHEREAS, the site’s current Zoning Designation is Residential Multi-Family (RMF-24)
and Commercial Retail (CR) with a Planned Development No.27 (PD-27) Overlay; and
WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of
Planned Development Overlay Zones to promote orderly and harmonious development and to
enhance the opportunity to best utilize special site characteristics; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact an amendment to the Zoning Code Text and official Zoning Map to protect the health,
safety and welfare of its citizens by applying orderly development through the use of a Planned
Development Overlay Zone; and
WHEREAS, General Plan policy 3.1 allows for mixed-use or exclusively multi-family
residential infill development in the mid-block General Commercial areas along El Camino Real; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject application
was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral
and documentary, was admitted on behalf of said zoning text and map amendments, and
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held
on October 1, 2019, studied and considered an amendment to Planned Development Overlay Zone
No. 27, after first studying and considering the proposed Mitigated Negative Declaration prepared
for the project; and
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ATTACHMENT:
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1
WHEREAS, the Planning Commission of the City of Atascadero has recommended
approval of the amendment to Planned Development Overlay Zone No. 27; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text
Change application was held by the City Council of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said zoning text amendments; and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on November 12,
2019, studied the Planning Commission’s recommendation and considered the proposed zoning
text amendments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Facts and Findings. The City Council makes the following findings,
determinations and approvals with respect to the Municipal Code Amendments:
A. Findings for Approval of a Zone Text Change
FINDING: The Planning and Zoning Text Change is consistent with General Plan
policies and all other applicable ordinances and policies of the City.
FACT: The proposed zone text amendments align the code requirements with the
vision, intent, and policies of the adopted General Plan.
FINDING: This Amendment of the Zoning Ordinance will provide for the orderly
and efficient use of lands where such development standards are applicable.
FACT: The proposed text amendment provides for orderly development within the
Commercial zoning districts in accordance with the adopted General Plan.
FINDING: The Text Change will not, in itself, result in significant environmental
impacts.
FACT: The proposed text changes are minor and do not trigger any environmental
impacts.
FINDING: Modification of development standards or processing requirements of
the Zoning Ordinance through the PD overlay is warranted to promote orderly and
harmonious development.
FACT: The PD-27 established development standards that promote a cohesive
neighborhood development and ensure that City goals related to traffic mitigation,
aesthetic character, inclusionary housing, and pedestrian connectivity, among
others, are achieved. Minor modifications to the PD-27 zone text are currently
proposed.
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ATTACHMENT:
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1
FINDING: Modification of development standards or processing requirements of
the zoning ordinance through the PD overlay will enhance the opportunity to best
utilize special characteristics of an area and will have a beneficial effect on the area.
FACT: The Planned Development 27 overlay text modifies standard development
requirements to allow for a mixed-use residential and commercial project. Modified
standards for the development enable the unit count and site design as proposed by
the applicant.
FINDING: Benefits derived from the Planned Development Overlay Zone cannot
be reasonably achieved through existing development standards or processing
requirements.
FACT: The Planned Development Overlay Zone 27 ensures that development
within the area provide certain benefit as identified by Council Policy.
Development under the PD-27 standards will maintain and enhance neighborhood
character and provide transition between commercial and single-family uses.
FINDING: Proposed plans offer certain redeeming features to compensate for
requested modifications of the Planned Development Overlay Zone.
FACT: City Council Planned Development Policy requires project benefits such as
affordable inclusionary housing, pocket parks, and high quality landscape and
architecture in exchange for modified development standards. As conditioned, the
project satisfies these requirements.
SECTION 3. Approval. The City Council of the City of Atascadero, in a regular session
assembled on November 12, 2019, resolved to introduce for first reading by title only, an
Ordinance that will modify PD-27 zoning text consistent with the following:
9-3.672 Establishment of Planned Development Overlay Zone No. 27: (PD-27).
Planned Development Overlay Zone No. 27 is established as shown on the Official Zoning Maps (Section
9-1.102). A Planned Development Overlay Zone No. 27 is established on parcel APN 029-271-001 with a
combined gross acreage of 1.71 acres. The maximum residential density within the planned development
shall not exceed thirty (30) residential units. The development standards contained within the master plan
of development document, as conditioned, shall be applied to all future development within the project
area, and as follows:
(a) All site development shall require the approval of a master plan of development. All
construction and development shall conform to the approved master plan of development, as conditioned.
(b) The Vesting Tentative Tract Map (TR 3141) and any subsequent amendments for the site shall
be consistent with the approved master plan of development. All construction and development shall
conform to the approved master plan of development, as conditioned.
(c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent
with the approved master plan of development.
(d) The commercial area, residential dwelling units, landscaping, walls and fencing shall be subject
to review under the City’s Appearance Review requirements consistent with the approved master plan of
development.
(e) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the
approved master plan of development.
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1
(f) All landscaping shown on the approved landscape plan will be installed by the developer and
shall be maintained as approved.
(g) All utilities, including electric, telephone and cable, along the frontage of, and within the PD
and along the project frontages shall be installed and/or relocated underground.
(h) The property will retain the Commercial Retail zoning district designation. The following
allowable uses are proposed for this district within the PD-27 overlay zone for the live/work spaces and
community building:
(1) Food and beverage retail sales;
(2) Furniture, home furnishings and equipment;
(3) General merchandise stores;
(4) Mail order and vending;
(5) Temporary or seasonal sales;
(6) Financial services;
(7) Offices;
(8) Temporary offices;
(9) Personal services;
(10) Light repair services;
(11) Membership organizations;
(12) Business support services, where all areas of use are located within a building;
(13) Libraries and museums;
(14) Temporary events.
(15) Tasting Room
(16) Artisan Foods and Products
(17) Small Family Day Care
(18) Research and development
(19) Printing and Publishing
(i) The conditional uses will be as follows:
(1) Public Assembly and Entertainment
(2) Microbrewery/Brewpub
(3) Schools—business and vocational;
(4) Schools;
(j) No open parking spaces shall be reserved for any commercial or residential tenant with the
exception of the tandem spaces.
(k) The common lot shall be maintained as a common use parcel for all residential tenants. No
fencing or other barrier shall be constructed which hinders pedestrian access to each residential lot or
which limits the ability for a residential owner to provide basic utility services to their property.
(l) All trees shown to be protected on the approved master plan of development shall be
maintained. Any future tree removal shall require approval per the requirements set forth in the
Atascadero Native Tree Ordinance.
SECTION 4. CEQA. The project was determined to be consistent with previously
certified Mitigated Negative Declaration 2005-0063.
SECTION 5. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this
Ordinance be interpreted or implemented by the City and others in a manner that facilitates the
purposes set forth in this Ordinance.
SECTION 6. Preservation. Repeal of any provision of the AMC or of any previous Code
Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude
prosecution and imposition of penalties for any violation occurring before this Ordinance’s
Page 49 of 183
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ATTACHMENT:
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effective date. Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 7. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid
by a court of competent jurisdiction, any repeal or amendment of the AMC or other City
Ordinance by this Ordinance will be rendered void and cause such previous AMC provisio n or
other City Ordinance to remain in full force and effect for all purposes.
SECTION 8. Severability. If any part of this Ordinance or its application is deemed invalid by a
court of competent jurisdiction, the City Council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable.
SECTION 9. Notice. The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of Atascadero’s book of original ordinances; make
a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after
the passage and adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
SECTION 10. Effective Date. This Ordinance will take effect on the 30th day following its final
passage and adoption.
INTRODUCED at a regular meeting of the City Council held on November 12, 2019, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of
California, on ______, 2019.
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
Page 50 of 183
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/12/19
2
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
(MASTER PLAN OF DEVELOPMENT) AND VESTING TENTATIVE
SUBDIVISION MAP (TRACT 3141), FOR THE GRAND OAKS
MICRO-COMMUNITY PROJECT
GRAND OAKS MICRO COMMUNITY
4711 EL CAMINO REAL
(APN 029-271-001)
WHEREAS, an application has been received from Cal Coastal Holdings, LLC
(242 El Dorado Way, Pismo Beach, CA 93449), Applicant, and Owner, to consider a Planned
Development amendment, a revised Master Plan of Development (Conditional Use Permit), and a
new Vesting Tentative Tract Map; and
WHEREAS, the site’s current General Plan Land Use Designation is High Density
Residential (HDR) and General Commercial (GC); and
WHEREAS, the site’s current Zoning Designation is Residential Multi-Family (RMF-24)
and Commercial Retail (CR) with a Planned Development No. 27 (PD-27) Overlay; and
WHEREAS, the Planning Commission has recommended that the City Council approve
modifications to the PD-27 overlay zoning district; and
WHEREAS, the Planning Commission has recommended that the City Council approve a
Zoning Ordinance Text Change to amend zoning code text for Planned Development Overlay Zone
No. 24 (PD-24) and amend the zoning map designation of one (1) lot on El Camino Real frontage
from Residential Multi-Family (RMF-10) to Commercial Retail (CR) with a Planned Development
No. 24 (PD-24) Overlay in order to correspond with the recommended General Plan Land Use
Diagram Amendment; and
WHEREAS, the PD-27 requires the adoption of a Master Plan of Development, approved
in the form of a Conditional Use Permit; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Master Plan
of Development and Vesting Tentative Tract Map was held by the Planning Commission of the
City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of
said Master Plan of Development; and
Page 51 of 183
ITEM NUMBER: B-1
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ATTACHMENT:
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WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public
Hearing, studied and considered the proposed Conditional Use Permit (Master Plan of
Development) and the proposed the Vesting Tentative Subdivision Map Tract 3141, and
WHEREAS, the Planning Commission of the City of Atascadero has recommended
approval of the amendment to Planned Development Overlay Zone No. 27.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, at a Public
Hearing held on November 12, 2019 resolved to approve the proposed zoning text amendments.
SECTION 3. Facts and Findings. The City Council makes the following findings,
determinations and approvals with respect to the Municipal Code Text Amendments:
A. Findings for Approval of a Conditional Use Permit
FINDING: The proposed project or use is consistent with the General Plan.
FACT: The proposed amendments are consistent with General Plan Land Use Circulation
and Housing Element Policies. The Planned Development 27 overlay allows for
development standards to be established through a Master Plan of Development. The
proposed project is consistent with the Zoning Ordinance and the PD-27 as proposed for
amendment.
FINDING: The proposed project or use satisfies all applicable provisions of the Title
(Zoning Ordinance) including provisions of the PD-27 Overlay Zone
FACT: The Planned Development 27 overlay allows for development standards to be
established through a Master Plan of Development. The proposed project is consistent
with the Zoning Ordinance and the PD-27 as proposed for amendment.
FINDING: The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be detrimental
to the health, safety, or welfare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental or injurious to property or improvements in the
vicinity of the use.
FACT: The proposed residential use will not be detrimental to the health, safety, or welfare
of the general public or persons residing in the neighborhood. A residential use is consistent
with the surrounding neighborhood to the east, and the commercial development is
consistent with the adjacent commercial uses on El Camino Real. The Planned
Development overlay language, mitigation measures, and City development standards will
ensure that pedestrian and vehicular access conditions are designed in a manner which does
not create ongoing safety concerns.
Page 52 of 183
ITEM NUMBER: B-1
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ATTACHMENT:
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FINDING: The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
FACT: The proposed residential use is consistent with surrounding residential and
commercial uses.
FINDING: The proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved in
conjunction with the project, or beyond the normal traffic volume of the surrounding
neighborhood that would result from full development in accordance with the Land Use Element.
FACT: The proposed residential and commercial uses will not generate significant and
unavoidable impacts to traffic. The project will contribute City TIF fees toward the US 101
interchanges. All internal and abutting public roads have been designed to City standard.
FINDING: The proposed project is in compliance with any pertinent City policy or criteria
adopted by ordinance or resolution of the City Council, including the City’s Appearance
Review Manual and the Inclusionary Housing Policy.
FACT: The proposed project was reviewed by the Design Review Committee and was
found to comply with all standards of the City’s Appearance Review Manual. The project
is proposing to comply with the State Density Bonus program for the provision of deed
restricted affordable housing.
FINDING: The Master Plan of Development standards or processing requirements will
enhance the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area.
FACT: The PD-27 establishes development standards that promote a cohesive
neighborhood development and ensure that City goals related to traffic mitigation, aesthetic
character, inclusionary housing, and pedestrian connectivity, among others, are achieved.
FINDING: The requested height waiver exception will not result in substantial detrimental
effects on the enjoyment and use of adjoining properties, and the modified height will not
exceed the lifesaving equipment capabilities of the Fire Department.
FACT: The proposed mixed-use live-work building proposed on El Camino Real contains
a tower feature that exceeds the maximum height requirement by 2 -feet. This increase in
height for the corner tower feature will not exceed the capabilities of the fire department.
FINDING: Benefits derived from the Master Plan of Development and PD-27 Overlay
Zone cannot be reasonably achieved through existing development standards or processing
requirements.
FACT: The Planned Development 27 overlay text modifies standard development
requirements to allow for a mixed-use residential and commercial project with individual
lot ownership. City Council Planned Development Policy requires project benefits such as
affordable inclusionary housing, pocket parks, and high-quality landscape and architecture
Page 53 of 183
ITEM NUMBER: B-1
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ATTACHMENT:
11/12/19
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in exchange for modified development standards. As conditioned, the project satisfies
these requirements.
B. Findings for Approval of Vesting Tentative Tract Map (TR 3141)
FINDING: The proposed subdivision, design and improvements as conditioned, is
consistent with the General Plan and applicable zoning requirements, including provisions
of the PD-27 overlay district.
FACT: The proposed amendments are consistent with General Plan Land Use Circulation
and Housing Element Policies. The Planned Development 27 overlay allows for
development standards to be established through a Master Plan of Development. The
proposed project is consistent with the Zoning Ordinance and the PD 27 as proposed for
amendment.
FINDING: The proposed subdivision, as conditioned, is consistent with the proposed
Planned Development Overlay District-27 Master Plan of Development.
FACT: The subdivision is consistent with the currently proposed Master Plan of
Development.
FINDING: The site is physically suitable for the type of development proposed.
FACT: The site is moderately sloped. The site has been designed to step up the hillside
while maintaining accessibility.
FINDING: The site is physically suitable for the density of development proposed.
FACT: The site is located between along El Camino Real and is adjacent to single-family
uses to the east. The configuration of the project design takes into account natural
topography of the site, and acts as a buffer between commercial and single-family
residential uses.
FINDING: The design and improvement of the proposed subdivision will not cause
substantial environmental damage or substantially and unavoidably injure fish and wildlife
or their habitat.
FACT: The design of the project aims to work with the existing topography and retain
numerous mature oak trees.
FINDING: The design of the subdivision or the type of improvements will not cause
serious health problems.
FACT: The design of the subdivision or the type of improvements will not cause serious
health problems.
Page 54 of 183
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
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FINDING: The design of the subdivision will not conflict with easements acquired by the
public at large for access through, or the use of property within, the proposed subdivision;
or substantially equivalent alternative easements are provided.
FACT: The site is private property and no easements for public use exist at this time.
FINDING: Covenants, Conditions and Restrictions (CC&R’s) or equivalent shall be
required that incorporate the Master Plan of Development conditions of approval to ensure
that the site retains the proposed qualities (architecture, colors, materials, plan amenities,
fencing, and landscaping) over time.
FACT: A condition of approval has been included in the attached resolution, requiring
CC&R’s be recorded concurrently with the final map.
FINDING: The proposed subdivision design and type of improvements proposed will not
be detrimental to the health, safety or welfare of the general public.
FACT: The proposed residential use will not be detrimental to the health, safety, or welfare
of the general public or persons residing in the neighborhood. A residential use is consistent
with the surrounding neighborhood to the east, and the commercial development is
consistent with the adjacent commercial uses on El Camino Real. The Planned
Development overlay language, mitigation measures, and City development standards will
ensure that pedestrian and vehicular access conditions are designed in a manner, which
does not create ongoing safety concerns.
C. Findings for Approval of an exception to the Subdivision Ordinance (Title 11)
FINDING: The property to be divided is of such size or shape, or is affected by such
topographic conditions, that it is impossible, impractical or undesirable, in the particular case,
to conform to the strict application of the regulations codified in this title.
FACT: The property is moderately sloped and located in a mid-block of El Camino Real.
The adjacent properties to the east are zoned for Single-family use. The proposed project
creates a transition between commercial and single-family uses and is designed as a
pedestrian oriented walkable community in support of adjacent existing and future
commercial uses.
FINDING: That the cost to the subdivider of strict or literal compliance with the regulations
is not the sole reason for granting the modification.
FACT: Applicant cost is not a factor in the design of the subdivision.
FINDING: That the modification will not be detrimental to the public health, safety and
welfare, or be injurious to other properties in the vicinity.
FACT: The modification will allow for a community-oriented design that transitions between
commercial and single-family residential uses, providing an affordable by design concept.
Page 55 of 183
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/12/19
2
FINDING: Granting the modification is in accord with the intent and purposes of these
regulations, and is consistent with the General Plan and with all applicable specific plans or
other plans of the City.
FACT: The proposed amendments will be consistent with the Subdivision map Act and
will encourage new concepts and innovations in the arrangements of building sites.
D. Findings for Approval of an exception to the Signage Regulations
FINDING: The sign is consistent with the purposes set forth in Section 9-15.002.
FACT: The proposed roof sign is used as a community identification feature and is
consistent with the architectural style of the mixed-use building.
FINDING: The opportunity to combine signs for more than one (1) use on a single sign
structure has been considered.
FACT: The sign is used as a community identification sign and is not intended as
advertising for single commercial tenants.
FINDING: Conformance with all other applicable codes and ordinances of the City,
including, but not limited to, the Zoning Ordinance, General Plan and its several elements,
and the appearance review guidelines.
FACT: The proposed sign was reviewed by the DRC. The sign is consistent with the
building architecture and faces El Camino Real.
E. Findings for Approval of a Height Exception
FINDING: The project will not result in substantial detrimental effects on the enjoyment
and use of adjoining properties and that the modified height will not exceed the lifesaving
equipment capabilities of the Fire Department.
FACT: The height is exceeded by the tower feature of the mixed-use building fronting
El Camino Real. The tower feature is non-occupied space. The modified height will not
exceed the lifesaving equipment capabilities of the Fire Department.
SECTION 4. CEQA. The project was determined to be consistent with previously
certified Mitigated Negative Declaration 2005-0063.
SECTION 5. Approval. The City Council of the City of Atascadero, in a regular session
assembled on November 12, 2019 resolved to recommend the City Council approve a master plan
of development and vesting tentative tract map consistent with the following:
EXHIBIT A: Vesting Tentative Subdivision Map, Grading, Utility Plan (Tract 3141)
EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program
EXHIBIT C: Master Plan of Development
Page 56 of 183
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/12/19
2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Atascadero, State of California, held on this ___ day of ________, 2019 by the following vote:
On motion by Council Member______ and seconded by Council Member _______, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
Page 57 of 183
ITEM NUMBER: B-1DATE: 11/12/19ATTACHMENT: 2APage 58 of 183
ITEM NUMBER: B-1DATE: 11/12/19ATTACHMENT: 2APage 59 of 183
ITEM NUMBER: B-1DATE: 11/12/19ATTACHMENT: 2APage 60 of 183
ITEM NUMBER: B-1DATE: 11/12/19ATTACHMENT: 2APage 61 of 183
ITEM NUMBER: B-1DATE: 11/12/19ATTACHMENT: 2APage 62 of 183
GENERAL PLANNING CONDITIONS
1. The approval of this zone change, tentative tract map, and use permit shall become final and
effective following City Council approval.
2. The approval of this use permit shall become final and effective for the purposes of issuing building
permits thirty (30) days following the City Council approval of the Zone text change upon second
reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b)
of the Zoning Ordinance.
3. The Community Development Department shall have the authority to approve the following minor
changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior
site design or appearance, and/or (3) address a construction design issue that is not substantive to the
Master Plan of Development.
4. The Planning Commission shall have the final authority to approve any other changes to the Master
Plan of Development and any associated Tentative Maps unless appealed to the City Council.
5. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective
date, and/or for the life of Tentative Tract Map (TR 3141). At the end of the period or upon
expiration of Tentative Tract Map (TR 3141), the approval shall expire and become null and void
unless the project has received a building permit.
7. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents,
officers, and employees against any claim or action brought to challenge an approval by the City, or
any of its entities, concerning the subdivision
8. All subsequent subdivisions and construction permits shall be consistent with the Master Plan of
Development contained herein.
ARCHITECTURAL CONDITIONS
1. All exterior elevations, finish materials, colors, completed structures, hardscape finishes, and site
improvements shall be consistent with the Master Plan of Development as shown in the attached
EXHIBITS with the following listed modifications and clarifications. Conformance with the Master
Plan of Development and Conditions of Approval shall be required at time of building permit
submittal, and time of permit final, and ongoing in perpetuity for the life of the Master Plan of
Development:
All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall
be durable, high quality, and consistent with the architectural appearance of the development.
All trash storage, recycle storage, and air conditioning units shall be screened from view
behind architecturally compatible screening, fencing, or landscaped enclosures.
Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of
architectural grade, appropriate scale, and design and shall compliment the architectural style,
subject to staff approval. Light fixtures shall comply with Zoning Ordinance requirements for
shielding of light sources to prevent offsite glare.
Stucco siding shall be smooth troweled or similar.
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 2B
Page 63 of 183
Roof materials shall be architectural grade.
Any proposed changes to the architectural character must be approved by the Design Review
Committee or other mechanism deemed appropriate by the Planning Director.
SITE DEVELOPMENT CONDITIONS
1. All site work, grading, and site improvements shall be consistent with the Master Plan of
Development as shown in EXHIBITS, except as noted in conditions of approval.
2. Contrasting decorative pavement shall be utilized along the main access drive as shown in the
project exhibits.
3. Open parking spaces shall not be reserved for residential or commercial tenants with the exception
of tandem spaces.
4. All utilities within the project boundaries and along project frontages shall be installed underground,
with the exception of the power line that extends across the ephemeral drainage swale on the interior
of the project.
5. Approval of this permit shall include the removal of 1 Native Live Oak Tree totaling 10-inches dbh.
The applicant shall be required to pay mitigation fees or provide replantings on-site per the
requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to
municipal code procedures for native tree removal. Any future native tree removal shall require a
revised landscape plan to be submitted to the city for review and approval.
6. The recommendations identified in the arborist report shall be implemented during construction.
The developer shall contract with a certified arborist to monitor all activity within the drip lines of
existing native oak trees during construction.
7. Any future development signage shall be architecturally compatible with the proposed buildings. All
future signage shall be subject to the review and approval of planning staff. No signage for live/work
tenants shall be permitted facing the proposed residential units.
8. The common lot shall be maintained in a manner consistent with the master plan of development
exhibits as attached. The common lot shall be maintained in a way that provides continued
pedestrian access to all units and allows for utilities to be installed underground to serve each unit.
LANDSCAPE AND FENCING CONDITIONS
1. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and
included as part of site improvement plan consistent with EXHIBITS, and as follows:
All exterior meters, air conditioning units and mechanical equipment shall be screened with
landscape material.
All areas shown on the landscape plan shall be landscaped by the developer completed at the
discretion of the Community development Department.
London Plane, California Black Oak, or similar street trees shall be provided along El Camino
Real at a minimum spacing of 30 feet on center. Trees planted near roads and sidewalks shall
include deep-root planting barriers.
Street and open space trees shall be minimum 15-gallon size and double staked.
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 2B
Page 64 of 183
The final landscape and irrigation plan shall conform to Atascadero Municipal Code
requirements, including the City’s Water Efficient Landscape Ordinance. Landscaping must
consist of drought tolerant species and utilize drip irrigation.
2. All landscape shall be maintained in a healthy and thriving condition in perpetuity. The applicant
and its successors shall be responsible for maintaining landscape and replacing any dead or failing
landscape trees, ground cover and shrubs.
3. No privacy fencing shall be installed on individual lots with the exception of lots abutting side and
rear project boundaries. Fencing on these lots must be setback a minimum of 7 -feet from the
common ownership parcel. Privacy fencing shall be high quality wood fencing with top and bottom
rails. No dog eared fencing shall be permitted.
FINAL MAP, PLANNING CONDITIONS
1. Affordable Housing Requirement: The Subdivider shall deed restrict a minimum of three (3)
residential units for the time period required by the California State Density Bonus Law, and not less
than 30 years, for sale or rental to moderate income households. The project’s affordable housing
shall comply with State Density Bonus Law.
All affordable units shall be distributed throughout the project, and shall be constructed at the same
time as the market rate units. A phasing plan shall be submitted by the Applicant to show affordable
unit construction in each phase of the project, to ensure a percentage of affordable units are built in
each phase at the same construction timing as the market rate units. Affordable unit location and
phasing plan shall be reviewed and approved by the Community Development Director to ensure
consistency with the City Council’s Inclusionary Housing Policy. The Community Development
Director may require the affordable housing lots to be identified of the Final Map, on an additional
map sheet for information purposes only, as provided by the Subdivision Map Act.
2. The emergency services and facility maintenance costs listed below shall be 100% funded by the
project in perpetuity. The service and maintenance costs shall be funded through a community
facilities district established by the City at the developer's cost. The funding mechanism must be in
place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be
approved by the City Attorney, City Engineer and Administrative Services Director prior to
acceptance of any final map. The administration of the above mentioned funds shall be by the City.
Developer agrees to participate in the community facilities district and to take all steps reasonably
required by the City with regard to the establishment of the district and assessment of the property.
All Atascadero Police Department service costs to the project.
All Atascadero Fire Department service costs to the project.
Off-site common City of Atascadero park facilities maintenance service costs related to the
project.
3. All maintenance costs for all on-site improvements, facilities, and areas listed below shall be 100%
funded by the project in perpetuity. The service and maintenance costs shall be funded through a
Home Owners Association, or similar funding mechanism, established by the developer and subject
to City approval. The Home Owners Association or other funding mechanism shall be in place prior
to City Council approval of the Final Map. The Home Owners Association shall be approved by the
City Attorney and Administrative Services Director prior to City Council approval of the Final Map.
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 2B
Page 65 of 183
The administration of the above mentioned funds, and the coordination and performance of
maintenance activities, shall be the responsibility of the Home Owners Association.
a. All streets, bridges, sidewalks, streetlights, street signs, roads, emer gency access roads,
emergency access gates, and sewer mains.
b. All parks, trails, recreational facilities and like facilities.
c. All open space and native tree preservation areas.
d. All drainage facilities and detention basins.
e. All creeks, flood plains, floodways, wetlands, and riparian habitat areas.
f. All common landscaping areas, street trees, medians, parkway planters, manufactured slopes
outside private yards, and other similar facilities.
g. All frontage landscaping and sidewalks along arterial streets
4. At time of Final Map submittal, the applicant shall submit Covenants, Conditions & Restrictions
(CC&Rs) for review and approval by the Community Development Department. The CC&R’s shall
record concurrently with the Final Map and shall include the following:
i. Provisions for maintenance of all common areas including access, parking, street trees,
fencing and landscaping.
ii. A detailed list of each individual homeowner’s responsibilities for maintenance of the
individual units.
iv. A provision for review and approval by the City Community Development Department
for any changes to the CC&R’s that relate to the above requirements prior to the changes being
recorded or taking effect.
5. Deed notification shall be recorded against the common ownership lot detailing fencing restrictions
and access responsibilities.
6. A deed notification will be recorded against each residential use property detailing privacy fencing
restrictions.
WATER AND FIRE CONDITIONS
1. Fire Sprinklers are required on all structures consistent with the California Building Code adopted at
the time of building permit submittal.
2. Before issuance of building permits, the applicant shall obtain a “Will Serve” letter from AMWC for
the newly created lots within the subdivision.
3. The Applicant shall extend the water distribution system to the satisfaction of the Atascadero Mutual
Water Company (AMWC) and City Engineer.
4. The water system shall include easements for water system facilities as required by the AMWC and
to the satisfaction of the City Engineer
5. Before the start of construction on the water system improvements, the applicant shall pay all
installation and connection fees required by AMWC.
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 2B
Page 66 of 183
6. The applicant is responsible for designing and constructing water system improvements that will
provide water at pressures and flows adequate for the domestic and fire protection needs of the
project.
7. At time of building permit submittal, site plans showing adequate fire department access along the
main access drive using auto-turn software shall be submitted for review.
8. Fire hydrant locations shall be to the satisfaction of the City Fire Marshal.
9. Properties and/or areas that are managed or owned by the HOA shall be metered separately to the
satisfaction of the AMWC.
WASTEWATER COLLECTION SYSTEM
1. The gravity sewer system shall be owned and operated by the HOA. The wastewater collection
system shall be designed and constructed in accordance with City Standard Specifications and
Drawings, to the satisfaction of the City Engineer.
2. Gravity SS mains shall be a minimum of eight (8) inches in diameter.
3. Each lot served by the wastewater collection system shall pay all sewer fees prior to the issuance of a
building permit.
UTILITIES
1. New utility distribution systems and services shall be constructed underground, to the satisfaction of
the City Engineer.
2. Each lot shall be served with separate services for water, sewer, gas, power, telephone and cable TV.
Utility laterals shall be located and constructed to each lot in accordance with City Standard
Specifications and Drawings.
PUBLIC WORKS GENERAL CONDITIONS
1. Public improvement plans (PIPs) shall be prepared by a licensed civil engineer. PIPs shall be
prepared on 24”x36” plan sheets, use the City Standard border and signature block, and shall comply
with Section 2 of City Standard Specifications.
2. All plans shall contain the City of Atascadero "Standard Notes for Improvement Plans" on file in the
City Engineer's office.
3. On-site roadway signing and striping shall be in accordance with the California Manual on Uniform
Traffic Control Devices (CA-MUTCD).
FINAL MAP
1. Prior to recording the Map, the Applicant shall have the map reviewed by the public utility providers
for power, telephone, gas, cable TV, and the Atascadero Mutual Water Company. The Applicant shall
obtain a letter from each utility company stating that the easements and rights-of-way shown on the
map for public utility purposes are acceptable.
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 2B
Page 67 of 183
2. Documents that the City of Atascadero requires to be recorded concurrently with the Map (e.g.: off-
site rights-of-way dedications, easements not shown on the map, agreements, etc.) shall be listed on
the certificate sheet of the map.
ON-SITE ROADWAY – DRIVEWAY
1. The horizontal and vertical design of roads shall be in compliance with the City of Atascadero
Engineering Standards and Standard Specifications, to the satisfaction of the City Engineer. The City
Engineer reserves the right to make modifications to all submitted road designs, when in the opinion
of the City Engineer, the public’s health and safety is benefitted.
2. The design of structural pavement sections shall be based on a Traffic Index (TI) = 5.5. New
pavement placed prior to the construction of buildings will be subjected to additional construction
traffic and wear associated with the on-site construction not included in the design life of the
pavement section. Therefore to off-set this, the AC thickness shall be increased from that which is
derived from Caltrans method by either:
a. 1” if the pavement is placed prior to building construction (not phased).
b. 1.5” if the pavement construction is phased (i.e. – a portion of the ultimate pavement
thickness is deferred and a final pavement cap placed prior to final inspection). Final
pavement cap shall not be less than 1.5”.
3. Prior to recordation of the Final Map, the Applicant shall establish an Homeowner’s/Property
Owner’s Association to provide sufficient funds on an annual basis to pay for the operation,
maintenance and future replacement of the internal road system serving the subdivision, including but
not limited to:
a. Pavement, pavement seals, aggregate base
b. Striping, signage, street furniture
c. Drainage facilities, detention basins, retention basins, bio-swales, & storm water treatment/control
measures
d. Maintenance of slopes or walls containing the road prism
Prior to recordation of the Final Map, the Applicant’s engineer shall prepare and submit an estimated
operating budget and capital replacement analysis for review and approval by the City Engineer.
4. Pavement and base sections shall be designed and constructed in accordance with the City of
Atascadero Standard Specifications and Drawings. When said standards and specifications are not
clear, lack necessary details, or are silent, the minimum standard shall be based upon the current
edition of the San Luis Obispo County Public Improvement Standards or Caltrans Standard Plans and
Specifications, as determined by the City Engineer.
STORM WATER
1. The final Stormwater Control Plan (SWCP) and supporting hydrology report shall be approved by the
City Engineer prior to issuance of any building permit for the construction of impervious surfaces.
2. Prior to a final inspection the City documents shall be completed and approve by the City Engineer:
ATAS - SWP-1001_Engineer Certification Form
ATAS - SWP-1003_OwnerAgentInfo
ATAS - SWP-1007_Exhibit_B_Instructions_SCM FORM
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 2B
Page 68 of 183
ATAS - SWP-1008_Stormwater System Plans and Manuals
ATAS - SWP-2002 Stormwater O&M Process and Form Instructions
ATAS - SWP-3001_Stormwater System O&M Agreement
ATAS - SWP-3002_Private Stormwater System Recorded Notice
FLOOD CONTROL BASINS
1. Flood control basins are utilized in the City of Atascadero depending upon site conditions: Retention
basins, Detention basins, and Subsurface Infiltration Basins. In all cases, the Project Engineer shall
provide evidence that the basin will completely drain within 72 hours, to the satisfaction of the City
Engineer.
Retention Basin. Any drainage basin which is used as a terminal disposal facility shall be classified as
a retention basin.
a. Basin Capacity. The basin capacity is to be based on the theoretical runoff from a 50-year
storm, 10-hour intensity for 10-hour duration. No reduction in required capacity shall be
given for soil percolation rates.
b. Percolation Test Required. A minimum of 3 percolation tests per basin shall be submitted
to the City Engineer for review and approval prior to approval of the plans. The project
engineer shall submit calculations and a report demonstrating the basin will drain within
seven-days of a single storm event as noted above. Deep soil borings may be required in
areas where there is concern of shallow depth to groundwater or bedrock. Percolation
tests shall be performed at depths below the basin bottom.
Detention Basin. Any drainage basin which has a downstream outlet designed to meter the outflow
shall be classified as a detention basin. Basin capacity shall be based on receiving the runoff from a
50-year storm with the watershed in its fully-developed condition, and releasing the flow equivalent
to the runoff from a 2-year storm with the project site in its pre- development condition. The outlet
shall release water in a non-erosive manner.
Subsurface Infiltration Basins. Subsurface basins may be used for either retention or detention of site
runoff, where their application is suitable for project conditions. Subsurface basins shall be limited to
locations where the depth to seasonally high groundwater is greater than 10-feet below the deepest
portion of the basin.
Drain Rock. Drain rock shall be clean, crushed granite (or clean, angular rock of similar approved
hardness) with rock size ranging from 1-1/2-inch to 3/4-inch. Rock gradation shall conform to the
Specification of ASTM C-33 #4.
Operational Requirements.
a. Water quality of inflow (both sediment and chemical loading) may require pretreatment
or separation
b. Maintenance plan, including provisions for vehicular access and confined-space entry
safety requirements, where applicable
c. A safe overflow path shall be identified on the plan and may require easements
Overflow Path Required. The design of all drainage basins shall identify the designated route for
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 2B
Page 69 of 183
overflow. The Project Engineer shall design the overflow path so that the flow in a 100- year storm is
non-erosive and will not damage downstream improvements, including other basins. Easements may
be required for concentrated flows across multiple properties.
MITIGATION MEASURES – MITIGATED NEGATIVE DECLARATION 2005-0063
Mitigation Measure 1.c.1: The following landscape mitigations shall
apply:
Fencing shall be complimentary in color and material to the
proposed architectural theme.
The project landscaping shall include street trees along El
Camino Real street frontage.
All proposed trees shall be shade trees of 15-gallon minimum
size and shall be double staked.
BP BS, PS, CE 1.c.1
Mitigation Measure 1.c.2: The proposed buildings shall include the use
of earth tone paint and roof colors.
BP BS, PS, CE 1.c.2
Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it
shall be designed to eliminate any off site glare. All exterior site lights
shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light
spillage and glare. Any luminary pole height shall not exceed 14-feet in
height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise
0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall
be shield cut-off type and compatible with neighborhood setting, subject
to staff approval.
BP BS, PS, CE 1.d.1
Mitigation Measure 3.b.1: The project shall be conditioned to comply
with all applicable District regulations pertaining to the control of fugitive
dust (PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003
Air Quality Handbook.
Section 6.3: Construction Equipment
Maintain all construction equipment in proper tune according to
manufacturer’s specifications.
Fuel all off-road and portable diesel powered equipment, including
but not limited to bulldozers, graders, cranes, loaders, scrapers,
backhoes, generator sets, compressors, auxiliary power units, with
ARB certified motor vehicle diesel fuel (Non-taxed version suitable
for use off-road).
Maximize to the extent feasible, the use of diesel construction
equipment meeting the ARB’s 1996 or newer certification standard
for off-road heavy-duty diesel engines.
Install diesel oxidation catalysts (DOC), catalyzed diesels particulate
filters (CDPF) or other District approved emission reduction retrofit
services (Required for projects grading more than 4.0 acres of
continuously worked area).
Section 6.4: Activity Management Techniques
Develop a comprehensive construction activity management plan
designed to minimize the amount of large construction equipment
operating during any given time period.
Schedule of construction truck trips during non-peak hours to reduce
peak hour emissions.
Limit the length of the construction workday period, if necessary.
Phase construction activities, if appropriate.
BP, GP BS, PS, CE 3.b.1
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 2B
Page 70 of 183
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading, demolition
and building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient quantities
to prevent airborne dust from leaving the site. Increased
watering frequency will be required whenever wind speeds
exceed 15 mph. Reclaimed (non-potable) water should be
used whenever possible.
C. All dirt stockpile areas shall be sprayed daily as needed.
D. Permanent dust control measures identified in the approved
project re-vegetation and landscape plans shall be implemented
as soon as possible following completion of any soil disturbing
activities.
E. Exposed ground areas that designated for reworking at dates
greater than one month after initial grading shall be sown with a
fast-germinating native grass seed and watered until vegetation
is established.
F. All disturbed soil areas not subject to re-vegetation should be
stabilized using approved chemical soil binder, jute netting, or
other methods approved in advance by the APCD.
G. All roadways, driveways, sidewalks, etc, to be paved shall be
complete as soon as possible. In addition, building pads should
be laid as soon as possible after grading unless seeding or soil
binders are used.
H. Vehicle speed for all construction vehicles shall not exceed 15
mph on any unpaved surface at the construction site.
I. All trucks hauling dirt, sand, soil, or other loose materials are to
be covered or should maintain at least two feet of freeboard
(minimum vertical distance between top of load and top of
trailer) in accordance with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit unpaved
roads onto streets, or was off trucks and equipment leaving the
site.
K. Sweep streets at the end of each day if visible soil material is
carried onto adjacent paved roads. Water sweepers with
reclaimed water should be used where feasible.
L. The contractor or builder shall designate a person or persons to
monitor the dust control program and to order increased
watering, as necessary, to prevent transport of dust off site.
The name and telephone number of such persons shall be
provided to the APCD prior to land use clearance for map
recordation and land use clearance for finish grading of any
structure.
Mitigation Measure 4.e.1: Grading and excavation and grading work
shall be consistent with the City of Atascadero Tree Ordinance. Special
precautions when working around native trees include:
All existing trees outside of the limits of work shall remain.
Earthwork shall not exceed the limits of the project area.
Low branches in danger of being torn from trees shall be pruned
prior to any heavy equipment work being done.
Vehicles and stockpiled material shall be stored outside the driplin e
of all trees.
All trees within the area of work shall be fenced for protection with
4-foot chain link, snow or safety fencing placed per the
approved tree protection plan. Tree protection fencing shall be
in place prior to any site excavation or grading. Fencing shall
remain in place until completion of all construction activities.
Any roots that are encountered during excavation shall be clean cut
by hand and sealed with an approved tree seal.
BP PS, BS 4.e.1
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 2B
Page 71 of 183
Mitigation Measure 4.e.2: All recommendations contained within the
project arborists report prepared by Tree Resources Assessment,
Barbella’s Tree Service shall be applied to the proposed project in
terms of each native tree proposed for removal and each tree within
the project area subject to potential impact. All native tree
impact/replacements shall be per the Atascadero Municipal Code
Section 9-11.105.
BP PS, BS 4.e.2
Mitigation Measure 4.e.3: The developer shall contract with a certified
arborist during all phases of project implementation. The certified
arborists shall be responsible for monitoring the project during all phases
of construction through project completion, as follows:
(a) A written agreement between the arborist and the developer
outlining an arborist monitoring schedule for each construction
phase through final inspection shall be submitted to and approved
by planning staff prior to the issuance of building/grading permits.
(b) Arborist shall schedule a pre-construction meeting with engineering
/planning staff, grading equipment operators, project superintendent
to review the project conditions and requirements prior to any
grubbing or earth work for any portion of the project site. All tree
protection fencing and trunk protection shall be installed for
inspection during the meeting. Tree protection fencing shall be
installed at the line of encroachment into the tree’s root zone area.
(c) As specified by the arborist report and City staff:
Prune all trees in active development areas to be saved for
structural strength and crown cleaning by a licensed and certified
arborist;
Remove all debris and spoils from the lot cleaning and tree
pruning.
In locations where paving is to occur within the tree canopy, grub
only and do not grade nor compact. Install porous pavers over a
three-inch bed of ¾ inch granite covered with one-inch pea
gravel for screeding. If curbs are required, use pegged curbs to
secure the porous pavers. Pegged curbs are reinforced six to
eight curbs poured at grade with a one-foot by one-foot pothole
every four to six linear feet.
All trenching or grading within the protected root zone area,
outside of the tree protection fence shall require hand trenching
or preserve and protect roots that are larger than 2 inches in
diameter.
No grading or trenching is allowed within the fenced protected
area.
Any roots that are 4 inches in diameter or larger are not to be cut
until inspected and approved by the on-site arborist.
(d) Upon project completion and prior to final occupancy a final status
report shall be prepared by the project arborist certifying that the
tree protection plan was implemented, the trees designated for
protection were protected during construction, and the construction-
related tree protection measures are no longer required for tree
protection.
BP PS, BS 4.e.3
Mitigation Measure 4.e.4: All tree removals identified in the Tree
Resources Assessment, dated 7/19/05 shall be mitigated as prescribed
by the Atascadero Native Tree Ordinance.
BP PS, BS 4.e.4
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 2B
Page 72 of 183
Mitigation Measure 5.b.1: Design an appropriate Phase II archaeological
sampling strategy.
GP PS, BS, CE 5.b.1
Mitigation Measure 5.b.2: Monitoring of all earth disturbance by a
qualified subsurface archaeologist and native monitor during construction
activities.
GP PS, BS, CE 5.b.2
Mitigation Measure 5.b.3: Cultural soils must remain on site of they are
moved and/or disturbed.
GP PS,BS,CE 5.b.3
Mitigation Measure 6.b.1: The grading permit application plans shall
include erosion control measures to prevent soil, dirt, and debris from
entering the storm drain system during and after construction. A
separate plan shall be submitted for this purpose and shall be subject to
review and approval of the City Engineer at the time of Building Permit
application.
BP, GP PS, BS, CE 6.b.1
Mitigation Measure 6.c.1: A soils report shall be required to be submitted
with a future building permit by the building department.
BP,GP PS,BS,CE 6.c.1
Mitigation Measure 7.b.1: Per the Phase I Environmental Site
Assessment, further investigation of the former commercial building area
is necessary to better determine if the site had been adversely impacted
by previous auto garage or painting use
BP PS 7.b.1
Mitigation Measure 8.e.f.1: The developer is responsible for ensuring
that all contractors are aware of all storm water quality measures and
that such measures are implemented. Failure to comply with the
approved construction Best Management Practices will result in the
issuance of correction notices, citations, or stop orders
GP PS, BS, CE 8.e.f.1
Mitigation Measure 11.d.1: All construction activities shall comply with
the City of Atascadero Noise Ordinance for hours of operation, and as
follows:
Construction activities shall be limited to the following hours of operation:
7 a.m. to 7 p.m. Monday through Friday
9 a.m. to 6 p.m. Saturday
No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m. on
weekdays and not at all on weekends. The Community Development
Director upon a determination that unusually loud construction activities
are having a significant impact on the neighbors may modify the hours of
construction.
Failure to comply with the above-described hours of operation may result
in withholding of inspections and possible construction prohibitions,
subject to the review and approval of the Community Development
Director.
A sign shall be posted on-site with the hours of operation and a
telephone number of the person to be contacted in the event of any
violations. Staff shall approve the details of such a sign during the
Grading Plan/Building Permit review process.
BP, GP PS, BS, CE 11.d.1
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 2B
Page 73 of 183
Mitigation Measure 13.1: Project Road and Landscape Maintenance and
Emergency Services Funding:
The emergency services and road maintenance costs of the project
shall be 100% funded by the project in perpetuity. The service and
maintenance cost may be funded through a benefit assessment district
or other mechanism established by the developer subject to City
approval. The funding mechanism must be in place prior to or
concurrently with acceptance of the any final maps. The funding
mechanism shall be approved by the City Attorney, City Engineer and
Administrative Services Director prior to acceptance of any final map.
The administration of the above mentioned funds and the coordination
and performance of maintenance activities shall be by the City
a) All Atascadero Police Department service costs to the project.
b) All Atascadero Fire Department service costs to the project.
c) All streets, sidewalks, streetlights, street signs, roads, emergency
access roads, emergency access gates, and sewer mains within
the project.
d) All parks, trails, recreational facilities and like facilities.
e) All open space and native tree preservation areas.
f) All drainage facilities and detention basins.
g) All common landscaping areas, street trees, medians, parkway
planters, manufacture slopes outside private yards, and other
similar facilities.
h) All drainage facilities and detention basins.
i) All common landscaping areas, street trees, medians, parkway
planters, manufacture slopes outside private yards, and other
similar facilities.
BP, GP PS, BS, CE 13.1
Mitigation Measure 15.a: The project shall pay Development Impact Fee
per the Circulation System of Atascadero. These fees based on the City
Development Impact Fee Schedule and shall be paid prior to any
building permit issued on the property.
BP PS, BS, CE 15.a
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 2B
Page 74 of 183
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ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/12/19
3
9-3.672 Establishment of Planned Development Overlay Zone No. 27: (PD27).
Planned Development Overlay Zone No. 27 is established as shown on the Official Zoning Maps (Section
9-1.102). A Planned Development Overlay Zone No. 27 is established on parcel APN 029-271-001 with a
combined gross acreage of 1.71 acres. The maximum residential density within the planned development
shall not exceed forty (40) thirty (30) residential units. along with eight thousand six hundred sixty-four
(8,664) square feet of commercial space. The development standards contained within the master plan of
development document (CUP 2005-0170), as conditioned, shall be applied to all future development
within the project area, and as follows:
(a) All site development shall require the approval of a master plan of development. All
construction and development shall conform to the approved master plan of development, as conditioned.
(b) The Vesting Tentative Tract Map (TTM 2005-0076 TR 3141) and any subsequent amendments
for the site shall be consistent with CUP 2005-0170 the approved master plan of development. All
construction and development shall conform to the approved master plan of development, as conditioned.
(c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent
with the approved master plan of development.
(d) The commercial area, residential dwelling units, landscaping, walls and fencing shall be subject
to review under the City’s Appearance Review requirements consistent with the approved master plan of
development.
(e) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the
approved master plan of development.
(f) All landscaping shown on the approved landscape plan will be installed by the developer and
shall be maintained as approved.
(g) All utilities, including electric, telephone and cable, along the frontage of, and within the PD
and along the project frontages shall be installed and/or relocated underground.
(h) The property will retain the Commercial Retail zoning district designation. The following
allowable uses are proposed for this district within the PD-27 overlay zone for the live/work spaces and
community building:
(1) Residential multifamily (second floor only);
(2) Broadcast studios;
(3) Building materials and hardware (indoor only);
(4 1) Food and beverage retail sales;
(52) Furniture, home furnishings and equipment;
(63) General merchandise stores;
(74) Mail order and vending;
(85) Temporary or seasonal sales;
(96) Financial services;
(10) Health care services;
(117) Offices;
(12) Small scale manufacturing;
(138) Temporary offices;
Page 91 of 183
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/12/19
3
(149) Personal services;
(1510) Light repair services;
(1611) Membership organizations;
(17) Horticultural specialties;
(18) Schools—business and vocational;
(1912) Business support services, where all areas of use are located within a building;
(20) Farm equipment and supplies (indoor only);
(21) Funeral services;
(22) Schools;
(23) Utility service center;
(2413) Libraries and museums;
(2514) Temporary events.
(15) Tasting Room
(16) Artisan Foods and Products
(17) Small Family Day Care
(18) Research and development
(19) Printing and Publishing
(i) The conditional uses will be consistent with those listed for the underlying Commercial Retail
Zone as follows:
(1) Public Assembly and Entertainment
(2) Microbrewery/Brewpub
(3) Schools—business and vocational;
(4) Schools;
(j) All residential and commercial uses shall be consistent with the requirements of the underlying
zoning district except as allowed by the master plan of development. No open parking spaces shall be
reserved for any commercial or residential tenant with the exception of the tandem spaces.
(k) The common lot shall be maintained as a common use parcel for all residential tenants. No
fencing or other barrier shall be constructed which hinders pedestrian access to each residential lot or
which limits the ability for a residential owner to provide basic utility services to their property.
(kl) All trees shown to be protected on the approved master plan of development shall be
maintained. Any future tree removal shall require approval per the requirements set forth in the
Atascadero Native Tree Ordinance.
Page 92 of 183
Contact:
Jack Phelan, PhD
Jeff Landon
Ted Lawton
Address:
242 El Dorado Way
Pismo Beach, CA 93449
Regarding: Grand Oaks Paseo – Project Narrative
Date: November 5, 2019
Grand Oaks Paseo
A Mixed Use Residential Live/Work Community
4711 El Camino Real, Atascadero, CA
PROJECT DESCRIPTION:
The proposed Project is a mixed-use residential community which includes 26 detached
single-family residential units, 4 live-work units, and an approximately 1900 square foot
community building. Located along El Camino Real, the live work units will front the
street with a ground floor office space and will create an urban streetscape interface
along the El Camino Real Corridor.
The proposed project is intended to provide 100% of the units as moderate priced (or
below) “for-sale” housing by design and includes a tentative tract map of 32 lots (26
single family lots, four (4) Live-work mixed use lots, one (1) commercial parcel and one
(1) common area parcel).
The Project design strives to preserve the heritage oaks on the property and create an
agrarian and colonial cottage character that aligns with Atascadero’s history. The site
design includes the central open space area for community activities and opportunities
for the residents to engage socially.
Project Summary: The following table includes the detailed summary of the project
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 4
Page 93 of 183
PROJECT
ADDRESS: 4711 El Camino Real Atascadero, CA APN
029-271-001
PROJECT
PLANNER
Kelly Gleason, Senior
Planner (805) 470-3448 kgleason@atascadero.org
APPLICANT Ted Lawton, Cal Coastal Holdings, LLC
PROPERTY
OWNER John Williams, The Acacias Development, LLC
GENERAL PLAN
DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING
USE PROPOSED USE
Residential Multi-
family (RMF),
General
Commercial (GC)
Residential Multi-
Family (RMF-20),
Commercial (CR),
PD-27 (Planned
Development #27)
1.71 acres
Vacant infill
site
previously
commercial
and
residential
Mixed-use Planned
Development moderate
priced (26 single family
detached Residential
units with community
building and 4
Commercial/ Residential
Live/Work residences)
Project History
The “Grand Oaks Paseo” Mixed-use Planned Development project site was approved
by the City Council as Planned Development #27 in 2008. The project was approved for
a mixed-use residential project. It was not constructed. The approved project includes
the following components:
• multi-family condo units (40)
• 8,000 square-feet of commercial
The proposed Project includes the following modifications to the previous planned
development approval: a decrease in total density from 40 condo units to 26 detached
“cottage sized” single family residential units, a 1900 sf community building, and 4 Live-
work units with approximately 2200 sf of commercial office space. The Project also
includes a carport/bike parking structure which will support community solar panels.
Project Objective
The core project objective is to provide moderately priced “for sale” housing (rather than
apartment rental housing options) by design to allow for attainable home ownership as a
benefit to the residents and community of Atascadero. Because the Project is designed
to be moderately priced, the project effectively complies with the State Density bonus
law. Certain benefits are afforded projects which include at least 10% of the units as
moderately priced units. By design Grand Oaks Paseo exceeds this minimum. This will
require specific exceptions to development standards such as lot sizes, setbacks,
parking standards, etc. Hence the proposal is to amend the previously approved site-
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 4
Page 94 of 183
specific Planned Development (PD #27.) The Planned Development Overlay allows for
deviation in the City’s standards for setbacks, heights, parking, etc. in exchange for
project benefits that have been established by the City Council. The project strives to
both meet a specific housing need without cumbersome financial subsidies, deed
restrictions, etc. and achieve a thoughtful mid-block commercial component along the El
Camino Real corridor.
Project Concept
The proposed site plan is the result of an intentional effort to work with the natural site
terrain, preserve the Heritage Oaks and to create a sense of place and community
within the context of the General Plan and Zoning for the site which calls for a mixed -
use community, by integrating the commercial – residential in such a way that Grand
Oaks Paseo becomes a destination where reside nts experience a strong sense of
community artfully integrated into the El Camino Real commercial corridor . The project’s
commercial live-work units on the El Camino Real commercial corridor are part of the
Grand Oaks Paseo community. Also proposed is a community building (approximately
1900 sf) that is situated on the site to visually integrate with the commercial street
frontage along the corridor. Within the interior of the community there are shared
amenities and common space such as walking paths, community gardens, fire -pits,
bocci court, BBQ and picnic areas with shade covered decks and seating areas for
gathering and relaxation.
The Project also strives toward sustainability with the provision of covered parking with
solar panels, on site storm water retention and other site development features such as
drought tolerant landscape and permeable surfaces.
Mid-Block Commercial
Recognizing the limited viability for mid -block retail commercial uses along this reach of
the El Camino Real corridor, the commercial component of this project provides 4 live-
work spaces for the City of Atascadero and a community building that will serve to
economically benefit the residents and their guests at the Grand Oaks Paseo
development. The live-work space is a modernized concept of the individual
professional work space attached to owner/operator living quarters. Live-work is
designed to provide an efficient workspace for small business and individua l owner
operators, while reducing the combined monthly cost of living and workspace
rents/ownership. The workspace portion of the live -work units fronts El Camino Real
and the living space is located above the workspace.
The Grand Oaks Paseo Live Work commercial space is located both mid-block and at
the northern end of the El Camino Real corridor and could potentially prove difficult to
lease to local retail/restaurant businesses. The live-work component of this project both
integrates the commercial co mponent into the overall community and sets up a well-
positioned opportunity for successful office use.
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 4
Page 95 of 183
The 4 live-work units provide approximately 4,000 SF of living space and 2,200 SF of
office space. These 4 units will benefit the community as they reduce the necessity to
commute, provide savings to operator which produces more economically viable
business, reduction of commercial space vacancy, and provides attainable housing.
Live-work units provide a clear differentiation between work area and living area unlike
home offices and provides a clear commercial frontage to El Camino Real.
In addition, along the El Camino Real frontage there is an approximately 1900 SF
community building managed by the homeowners association to provide scheduled
programming activities which may include live music, art shows, poetry readings, crafts,
classes, workshops etc. for the residents and their guests.
Affordable Housing
Grand Oaks Paseo project will provide an affordable home ownership opportunity and
solution that meets state and county affordable housing standards for moderate priced
“for sale” housing while also creating a highly desirable community focused on
sustainability and quality of living. As noted above, the Project is designed to be 100%
moderately priced “for sale” housing. As a result, the project effectively complies with
the State Density bonus law. Under this law, certain benefits are afforded projects which
include a minimum of 10% of the units as moderately priced units. By design Grand
Oaks Paseo exceeds this minimum.
Achieving an affordable design solution is accomplished by providing an alternative
housing product to today’s common affordable housing solutions. This means that each
component of the project is designed to be affordable and provide attainable “work
force” housing to compete with market rate prices while fostering local economic
benefits of home ownership. This is in contrast to today’s common affordable housing
solution which is typically met with affordable apartment developments which are often
owned by out of town operators/companies. The out of town apartment operator drains
the equity from both the local economy and the w orking-class resident who must deal
with the stress of providing for his/her family in this high cost rental market and must
compete with constant force of inflationary housing cost.
The main economic driving force impacting the affordability of housing on the Central
Coast is the availability and type of housing which drives up the overall cost of housing
in comparison to the average working adults proportionate individual take home
pay. This cost is exceeding approximately 60% to 70% or residents' curren t wages,
which exceeds the national average by more than a factor of 8 according to a recent
study provided by the Joint Center of Housing Studies research center at Harvard
University which has completed a comprehensive price to income ratio analysis.
The proposed Project’s preliminary sales price per unit is at or below the current May 6
2019 county affordable housing standards. This is illustrated in the chart below:
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 4
Page 96 of 183
Affordable Housing Standards
(SLO May 6th,2019) Grand Oaks Paseo - Sales Prices
Unit Size
(Bedrooms)
Moderate
Income
1bed/1bth
(475 SF)
2bd/2bth
(713 SF)
3bd/2bth
(827 SF)
Live/Work 2bd/2bth
(1,500 SF)
Studio $ 280,000.00
1 $ 323,000.00 $275,000.00
2 $ 366,000.00 $335,000.00 $365,000.00
3 $ 409,000.00 $375,000.00
4 $ 444,000.00
Site Plan and Parking
The proposed project is designed to meet the state’s moderate -income housing index
with all the units. Therefore, the project complies with the State Density bonus
provisions which set specific parking requirements for projects providing 10% or more of
moderate priced units. The project is in compliance with current state parking
requirements as part of the PD approval. These include the following:
One Bedroom Unit – 1 parking stall
Two to Three Bedroom Unit – 2 parking stalls
As such, the project will accept the 10% moderate income housing requirement and will
strive to provide moderate income pricing for ALL units
Landscaping
The Grand Oaks Paseo strives to enhance the character and quality of the development
by creating a landscape that respects the climate and natural features of the site.
Drought tolerant landscaping and Mediterranean plant species will enhance landscape
and respect the nature of oak woodland habi tat. Common open space areas, including
the space adjacent to the Community building, preserve the existing heritage oak trees
and focus community gathering and engagement under the large canopies. Typical
private yards for the single family cottages are very limited with the reduced lot and
home sizes, therefore, the central community gathering areas promote social
engagement and interaction which are important key principles in creating a sense of
place and established community pride. The common open space area includes shared
amenities, such as community gardens along walking paths, fire pits, BBQ and picnic
areas on raised decks under the oak trees, and seating areas. The natural slope of the
site provides an opportunity for a hill slide and bouldering area for kids and adults to
stop and play. The common area plaza adjacent to the Community building provides a
shared community space for residents and their guests to enjoy the multi-use
community building and flexible use space outside under a large oak tree canopy. A
raised deck provides the opportunity for community engagement and respite under the
shade and overlook onto the plaza below. Each cottage will include a planter box for
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 4
Page 97 of 183
growing fresh produce in addition to communal planter boxes. Sharing pro duce, cut
flowers, and ownership of these beds will enhance the social equity and sense of
community important to the Grand Oaks Paseo neighborhood. The perimeter of the
project landscaping will provide vines and columnar shrubs to help screen and soften
the edges adjacent to fences and retaining walls.
Mural
The neighboring commercial building to the south of the project lies on the property line,
creating a large wall that could be difficult to screen. The Grand Oaks Paseo concept is
to turn this wall into an opportunity, creating a beautiful mural the community can be
proud of. It is the intent of the project proponents to engage the adjoining
building/property owner to collaborate on this opportunity, securing their approval. This
mural provides the opportunity for community engagement and an art piece to celebrate
the Atascadero community history, the heritage oak trees, and the regions cultural
history.
HOA/CCR’s
The onsite common areas including the green spaces, pathways, decks, community
building , gardens, firepits, streets, and street lighting shall be maintained by the
residential Homeowners Association (HOA).The proposed HOA monthly fees are to
be set as low as possible to minimize the residence overall cost of housing and will be
well below the national average. The HOA will also allow an opportunity for the
residents to participate in the monthly care and maintenance sharing program for the
common areas to reduce their individual monthly HOA payments.
The community Covenants, Conditions and Restrictions (CCRs) will focus on providing
for a safe, clean, intentional community centered around home ownership with the goal
of maintaining owner occupied housing w hile enhancing the community’s property value
and overall quality of life. The CCRs will require that the purchase, sale, and transfer of
any residential properties to be owner occupied.
For further questions and comments please feel free to contact our team at:
ted@calcoastalslo.com , cell: 415.987.6928.
Respectfully,
Ted Lawton
Managing Partner
Cal Coastal Properties, INC
Cal Coastal Holding, LLC
CA BRE: 01862677 | CA GC: 994293
Cell: 415.987.6928 | Office: 805.242.6202
Email: ted.calcoastalslo.com | www.calcoastalproperties.com
ITEM NUMBER: B-1
DATE: 11/12/19
ATTACHMENT: 4
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ITEM NUMBER: B-2
DATE: 11/12/19
Atascadero City Council
Staff Report - Public Works Department
Road Abandonment to Summarily Vacate an Undeveloped Portion of
San Cayetano Road Right-of-Way
RECOMMENDATION:
Council adopt Draft Resolution recommending the City of Atascadero summarily vacate an
unconstructed portion of right-of-way on San Cayetano Road based on findings consistent
with the State of California Streets and Highways Code and the City’s General Plan.
DISCUSSION:
Background
The City has received a request to vacate an unconstructed portion of San Cayetano
Road right-of-way within a developed 2.73 acre residential property located at 12215
Cenegal Road (APN 055-121-001) owned by Joseph and Claudia Berkman (applicant).
A vicinity map of this site is shown below.
Page 136 of 183
ITEM NUMBER: B-2
DATE: 11/12/19
This 20-foot wide one-half portion of San Cayetano Road right-of-way was created on the
Map of Atascadero Colony and has never been constructed or used as a roadway. The
opposite half of San Cayetano Road was abandoned previously as part of Oak Ridge
Estates (3-F Meadows) and is now private open space. The portion proposed to be
abandoned is shown below in the hatched areas.
There are no properties that require the use of this right-of-way for access, nor does the
City plan to utilize this portion of right-of-way for roadway purposes. No public utilities are
located within the right-of-way and the Atascadero Mutual Water Company takes no
Page 137 of 183
ITEM NUMBER: B-2
DATE: 11/12/19
exception to this right-of-way abandonment. Furthermore, the Fire Department has no
objection to the right-of-way abandonment and does not consider this right -of-way to be
necessary for current or future evacuation needs.
Analysis
State Requirements - Requirements for summarily vacating a road are found in the
Streets and Highways Code, Section 8331, which provides:
8331. The legislative body of a local agency may summarily vacate a street
or highway if both of the following conditions exist:
(a) For a period of five consecutive years, the street or highway
has been impassable for vehicular travel.
(b) No public money was expended for maintenance on the street
or highway during such period.
City Requirements - California Government Code Section 65402 requires that all
abandonments be consistent with the legislative bodies General Plan, as follows:
“If a general plan or part thereof has been adopted…no real property shall
be…vacated or abandoned…until the location, purpose and extent of
such…street vacation or abandonment…has been submitted to and reported
upon by the planning agency as to the conformity with said gener al plan or part
thereof.”
The right-of-way under consideration was created by the Map of Atascadero Colony (circa
1915). The subject portion of right-of-way has never been constructed or used as a road,
and the right-of-way has been impassable for five or more years.
Additionally, the proposed right-of-way to be abandoned does not appear in the City’s
General Plan Circulation Element (Figure III-2: General Plan Circulation Diagram). The
abandonment would not conflict with Policy 2.1 of the City’s Circulation Element as the
abandonment would not be applicable as a potential trail location.
The City also has a practice of evaluating existing unbuilt right of way from Fire s afety
standpoint in order to ensure that all potential evacuation routes are retained. The
proposed right-of way was evaluated by the Fire department. Because the road is a dead-
end road, there is no potential for a future evacuation route.
Conclusion
The proposed abandonment meets the following criteria necessary for a Summary
Vacation (abandonment) as follows:
Right-of-way has never been used as a road and has been impassable for more
than five (5) years
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ITEM NUMBER: B-2
DATE: 11/12/19
Public funds have never been expended for maintenance on the subject rights-of-
way during the stated time period
The abandonment is consistent with the circulation element of the City’s General
Plan
Planning Commission Recommendation
The Planning Commission reviewed the road abandonment application at their
October 1, 2019 meeting. The Planning Commission adopted PC Resolution 2018-A
recommending that the City Council summarily vacate an unconstructed portion of
right-of-way based on findings consistent with the State of California Streets and
Highways Code and Atascadero’s General Plan.
FISCAL IMPACT:
None.
ALTERNATIVES:
The City Council may deny the request to vacate the right-of-way or refer the item back
to staff for additional information or analysis.
ATTACHMENT:
Draft Resolution
Page 139 of 183
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
11/12/19
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, FINDING AND DETERMINING THAT A
PORTION OF SAN CAYETANO ROAD RIGHT-OF-WAY IS
UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET
PURPOSES AND ORDERING ITS SUMMARY VACATION
WHEREAS, Joseph and Claudia Berkman, property owners of 12215 Cenegal Road,
Atascadero, CA 93422 (APN 055-121-001) have made a request to the City to consider vacating
an undeveloped portion of right-of-way of San Cayetano Road that is located within their property
at 12215 Cenegal Road; and
WHEREAS, the San Cayetano Road right-of-way requested to be vacated is one-half of
the San Cayetano Road right-of way and is undeveloped and is unnecessary for present or
prospective public street purposes; and
WHEREAS, the other half of the San Cayetano Road right-of-way requested to be
vacated was previously abandoned as part of Oak Ridge Estates (3-F Meadows); and
WHEREAS, Atascadero Mutual Water Company takes no exception to the said
abandonment; and
WHEREAS, the Atascadero Fire Department takes no exception to the said abandonment;
and
WHEREAS, a determination has been made that the proposed right-of-way vacation is
exempt from environmental review in accordance with Section 15301 (Existing Facilities) and
Section 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA)
and the City of Atascadero’s Local Procedures for implementing CEQA; and
WHEREAS, on October 1, 2019, the Planning Commission duly held a public hearing
to consider the abandonment of a portion of San Cayetano Road right-of-way, described in Exhibit
A and shown on Exhibit B attached hereto and incorporated herein by this reference; and
WHEREAS, on October 1, 2019, the Planning Commission passed PC Resolution 2019-A,
finding that this portion of San Cayetano Road right-of-way has been impassable for vehicular
travel for a period of five consecutive years, that no public funds have been expended for
maintenance on this right-of-way during such period, that said abandonment is consistent with the
City’s General Plan, and recommends the City Council summarily vacate this portion of San
Cayetano Road right-of-way; and
WHEREAS, on November 12, 2019, the City Council conducted a public hearing where
they considered testimony prior to considering summarily vacating a portion of San Cayetano
Road right-of-way.
Page 140 of 183
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
11/12/19
1
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The City Council hereby finds determines the above recitals to be true and
correct.
SECTION 2. The City Council finds that said San Cayetano Road right-of-way has never
been improved, has been impassable for vehicular travel for a period of five consecutive years and no
public funds have been expended for maintenance on the subject right-of-way during such period.
SECTION 3. Pursuant to Section 8300 et seq. of the California Streets and Highways
Code and a finding of General Plan consistency, this Council finds and determines that a portion
of San Cayetano Road, as shown on the Map of Atascadero Colony, in the City of Atascadero,
County of San Luis Obispo, State of California as recorded in Book 3AC of Maps, Page 84, in the
Office of the County Recorder of said County, and described in Exhibit A and shown on Exhibit
B attached hereto and incorporated herein by this reference, is not necessary for present or future
public street purposes.
SECTION 4. The City Council herby orders said portion of San Cayetano Road right-of-
way to be summarily vacated.
SECTION 5. The City Clerk shall cause a certified copy of this Resolution of Summary
Vacation, duly attested under the seal of the City, to be recorded in the Office of the San Luis
Obispo County Recorder.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___ day of
____, 2019.
On motion by Council Member ______ and seconded by Council Member _______, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
Page 141 of 183
ITEM NUMBER: B-2
DATE: 11/12/19
ATTACHMENT: 1
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ITEM NUMBER: B-2
DATE: 11/12/19
ATTACHMENT: 1
Page 143 of 183
ITEM NUMBER: C-1
DATE: 11/12/19
Atascadero City Council
Staff Report – City Manager’s Office
Voter Opinion Survey on
Feasibility of Potential Future Tax Ballot Measure
RECOMMENDATION:
Council authorize the Administrative Services Director to appropriate $25,000 in General
Fund Reserves for consulting services with True North Research to conduct a voter
opinion survey on the feasibility of a potential future tax ballot measure.
DISCUSSION:
The City Council held a Strategic Planning Workshop January 25 and 26, 2019, to discuss
the many issues and concerns throughout the community, determine day-to-day priorities
for the City, set goals/objectives, brainstorm creative ways to accomplish these
goals/objectives and focus the organization on these priorities, goals and objectives. One
of the three priorities identified by Council was fostering financial stability. The Council
discussed this focus area at length to clarify their vision and expected outcomes. Utilizing
the Council’s newly established Decision Criteria and Strategic Priorities, staff developed
an action plan to implement the Council’s goals over the next two-year budget cycle.
On May 15, 2019, Council, staff and public gathered at a special Council meeting to
discuss the Draft Action Plan and following clarifications and revisions, the City Council
adopted the 2019-2021 Action Plan. Formal adoption of the Action Plan forces the
organization to focus on those agreed upon actions that move the community and
organization forward on the identified strategic priorities, keeping in mind the City Mission,
10-Year Vision and Decision Criteria.
As part of the strategic priority to foster financial stability, the first action identified in the
Action Plan is to consider placing a tax measure on the November 2020 ballot. This
action was broken into four parts:
1. Conduct a public outreach campaign to hear about priorities from the community
and to educate community members about fiscal realities.
2. Conduct scientific polling to learn community thoughts on priorities, fiscal choices
and receptiveness to additional taxes to fund priorities.
3. Explore different types and levels of tax measures to determine which would best
be suited for the ballot measure.
4. Hold public hearings and prepare tax measure language.
Page 144 of 183
ITEM NUMBER: C-1
DATE: 11/12/19
Conduct a Public Outreach Campaign
Talk on the Block town hall meetings were held in several locations throughout town in May,
June and July. At each of these sessions, City staff members gave a brief presentation
sharing various facts about the City and each of the departments within the City.
As part of the presentation, City staff discussed the finances of the City and where the City
ranks amongst the other cities in the County and State. Atascadero has a population of
just over 30,000 people, with a median age of 38.2 years, and contained within the City’s
26 square miles there are 11,431 households. According to ClearGov.com, the City of
Atascadero spends less per capita on administration than 408 (of the 481) California cities.
Cities do not receive the same amounts in taxes per resident . As shown below,
Atascadero receives the lowest revenue per capita in Sales Tax, in Property Tax and in
General Fund revenues among all SLO County cities.
The City of Atascadero receives about $657 per resident in general fund revenues. The
City of Paso Robles receives almost double that. Participants at our Talk on the Block
town hall events came away with a much better understanding of how the City manag es
resources in a fiscally responsible manner, consistently protecting and stretching our
taxpayer’s dollars as far as possible. W hile the City does as much as it can, for as many
as it can, as often as it can, unfortunately there is still much to be done and no funding
available to do so.
The initial Talk on the Block presentation is available on the City’s website (On the home
page under Latest News) and key information continues to be disseminated to the public
through the City’s website, City’s social media pages, press releases, articles written for
the Chamber, and by City staff. Given the reception of the initial Talk on the Block
meetings and the importance of continued public education, additional Talk on the Block
meetings are in the works for the upcoming calendar year.
$657
$911
$693
$1,181 $1,250
$2,893
$1,443
$-
$500
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
Atascadero Arroyo
Grande
Grover
Beach
Morro Bay Paso
Robles
Pismo
Beach
San Luis
Obispo
Per Capita General Fund Revenue by Type
San Luis Obispo County Cities (FY16-17)
Total
Other Revenue
Utility users tax
Franchise Fees
TOT
Sales tax
Property Taxes
Page 145 of 183
ITEM NUMBER: C-1
DATE: 11/12/19
Conduct Scientific Polling
When considering whether to place a ballot measure before the voters, cities generally survey
a statistically valid sample of residents to objectively evaluate the viability of passing a local
tax measure and to understand voter’s preferences for the funds raised by the measure.
Staff contacted professional firms who specialize in public opinion surveys and/or
assessing community support through public opinion research and discussed what the
City would be looking for in terms of a voter opinion poll/revenue feasibility study. All the
firms contacted have extensive experience working for local governments similar to the
City and all have worked, or are currently working with jurisdictions in the County of San
Luis Obispo. After reviewing the proposals submitted, and speaking with references, staff
determined True North Research would best meet the City’s needs.
Moving forward with a statistically valid survey will assist the Council in identifying
community views on City provided services, the direction of the City and voter support of
a potential, future tax measure. True North will provide voter opinion research and
revenue measure consulting services to the City. The goal is to use the survey to produce
an unbiased, statistically reliable evaluation of voters’ interest in supporting a local tax
measure to provide funding for City services and facilities, as well as identify how to
prepare a measure so that it is consistent with the electorate’s priorities and sensitivities.
Explore Different Types and Levels of Tax Measures
Local governments must obtain the approval of voters to levy or raise taxes. There are
different types of taxes that can be charged by a city. New local government taxes can
generally be placed into one of three categories: property taxes to finance debt, general
taxes, and special taxes. Each of these categories has different rules regarding voter
approval. In order to decide whether or not to move forward with placing a tax measure
on the ballot, the City will need to explore the different types and level of taxes that would
best suit the needs of the City and would likely be supported by voters.
Successful measures require careful packaging. True North, in close consultation with the
City, will design the questionnaire to be used to conduct the survey. The questionnaire will
identify the issues that voters feel are most important, how providing additional funding for
city projects and services ranks next to other important issues, baseline (natural) support
for a measure, the tax rate that voters will support, the specific projects and improvements
that voters are most interested in funding with measure proceeds, the information items
that shape voter support for a measure, as well as how voter support for a measure may
change once voters are exposed to the type of discussion and debate they will
undoubtedly encounter during the election cycle. Collectively, this information will allow
the team to determine if the City should move forward with a tax measure and, if so, how
best to structure the measure to reflect the needs of the City and the priorities of the voters.
Hold Public Hearings and Prepare Tax Measure Language
Should the City determine that moving forward with a tax measure is warranted, the
results of the survey will be used to develop clear, resonant ballot language that effectively
communicates how measure funds will be used and how accountability will be provided
for the use of those funds. As part of the contract, True North will work closely with the
City to determine how best to package the measure for voter approval, including advising
on the 75-word ballot statement and communication strategies for public hearings
regarding the placement of the tax measure on the ballot.
Page 146 of 183
ITEM NUMBER: C-1
DATE: 11/12/19
FISCAL IMPACT:
Approving staff recommendations will result in an appropriation of $25,000 in General
Fund reserves toward the City Manager budget for professional services.
ALTERNATIVES:
Council could choose not to appropriate the money and the City Manager would not
contract with True North Research for a revenue feasibility study.
ATTACHMENTS:
None.
Page 147 of 183
ITEM NUMBER: C-2
DATE: 11/12/19
Atascadero City Council
Staff Report - City Manager’s Office
Animal Shelter Services Agreement –
Amendment to the Current Animal Services
Memorandum of Agreement
RECOMMENDATION:
Council authorize the City Manager to execute Amendment No. 2 to the Agreement for
Allocation of Construction and Financing Costs for an Animal Services Shelter .
DISCUSSION:
On February 14, 2017, the Council considered whether or not to participate in the new
countywide shelter. The new shelter had a shared project budget of $13,176,500 (total
budget of $14.8M included cost that County would incur) that would be shared
proportionately amongst the seven cities and the County. The Council was very
concerned with the projected costs of such services, but given a lack of viable alternatives
at the time, the Council directed the City Manager to execute the agreement. Because
the cost of the facility’s construction and operation would have significantly increased the
costs to participating cities, the City of Atascadero and the City of Paso Robles jointly
continued to explore other options for service delivery.
After further review of the possible alternative options available to the City, including the
construction and operation of a new, North County Animal Shelter; and due to the serious
nature of the concerns expressed by both council bodies in regards to the terms of the
Countywide Agreement, on October 30, 2017 the cities of Paso Robles and Atascadero
both delivered official notification to the County and to the other cities within the County,
that they were withdrawing from the agreement. Prior to that withdrawal, the City of Arroyo
Grande also delivered official notification that they were withdrawing from the agreement.
Given the significant financial impact the withdrawal of these three cities would have on
the County and the other cities still party to the agreement, the other cities expressed a
strong desire for all original parties to the agreement to remain participants in the
countywide shelter.
Following the decision to withdraw, the cities of Paso Robles and Atascadero, and the
County of San Luis Obispo continued to communicate, meet and work together closely in
an attempt to achieve modifications to the countywide shelter agreement that would help
alleviate some of the Council’s previously expressed concerns and allow the City to
Page 148 of 183
ITEM NUMBER: C-2
DATE: 11/12/19
participate in a modified agreement. In late summer of 2018, the County and all cities,
including Atascadero, Arroyo Grande and Paso Robles, approved Amendment No. 1 to
the MOA. Amendment No. 1 introduced language to help reduce costs to the Cities by
requiring that the County pick up the project’s first $1M bringing the shared portion of the
project budget to $12,176,500. The MOA Amendment also required that the County
adopt goals and take action steps to achieve targeted reductions in operating costs by
reducing animal intakes by 5%, per year, for a five-year period
With approval of Amendment No. 1, the project moved forward and a Request for
Statements of Qualifications was issued for Design-Build Entities (D-BEs). Seven D-BEs
submitted qualification packets and a Request for Proposal (RFP) was issued to the three
top ranking D-BEs.
According to the County, the D-BEs expressed concern with the $10.1 million Design-
Build budget noted in the RFP, referencing the current boom in the building market,
shortage or labor, tariffs on materials and needing to adhere to State requirements as
reasons why it would be difficult for them to deliver the project within the RFP
budget. One D-BE ultimately withdrew from the RFP process. The remaining two
proposals were reviewed by the Selection Committee, comprised of County and City
representatives. Although the estimated project costs far exceeded the Project budget,
the Selection Committee recommended that the County enter into contract negotiations
with F&H Construction.
After negotiations with the County, the new total project cost is $20,348,740 and all parties
to the contract are responsible for the shared cost of $18,999,773. The City’s share of
the debt service on this $19M price tag will vary from year to year based on how many
animals from Atascadero are sent to the shelter. The formula is as follows:
The City’s current estimate share of debt service is 15.03% or approximately $166,000+
annually. Reductions in the number of animals sent to the shelter in comparison to other
shelter users would reduce the City’s share and conversely increases in the number of
animals from Atascadero that arrive at the shelter would increase the City’s share. The
$166,000 in annual debt service would be in addition to the approximately $300,000
currently paid to the County annually for animal services. Based on the research
performed in 2017, there are very few if any other viable options for providing animal
services to the community. On October 8, 2019 the Council directed staff to develop and
implement 6 strategies designed to mana ge Community Cats and reduce the number of
Atascadero cats that are sent to the County animal shelter. Successful implementation
of these strategies is hoped to reduce the City’s overall share of the debt service on the
$19M shelter.
Approval of Amendment No. 2 by all parties is necessary for the project to continue
forward. The County is anticipating taking the Design-Build contract to the Board of
Supervisors for award on December 10 and is asking that all parties approve Amendment
No. 2 prior to that date.
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ITEM NUMBER: C-2
DATE: 11/12/19
FISCAL IMPACT:
The proposed changes to the Agreement will increase costs for the City of Atascadero
animal shelter to approximately $166,000 annually.
ALTERNATIVES:
1. Take no action.
2. Provide alternative direction to staff.
ATTACHMENTS:
1. Proposed Amendment No. 2 to the Agreement for Allocation of Construction and
Financing Costs
2. Agreement for Allocation of Construction and Financing Costs
Page 150 of 183
Page 1 of 3
AMENDMENT NUMBER 2 TO THE
AGREEMENT FOR ALLOCATION OF CONSTRUCTION AND FINANCING COSTS FOR AN
ANIMAL SERVICES SHELTER AT 865 OKLAHOMA AVENUE IN SAN LUIS OBISPO,
CALIFORNIA, BETWEEN THE CITIES OF ATASCADERO, ARROYO GRANDE, GROVER
BEACH, MORRO BAY, PASO ROBLES, PISMO BEACH, AND SAN LUIS OBISPO AND THE
COUNTY OF SAN LUIS OBISPO
THIS AMENDMENT No. 2 (“Amendment No. 2”), dated for reference as of December 10, 2019, to the
Agreement (defined below), is entered into by and between the COUNTY OF SAN LUIS OBISPO (the
“County”), and the cities of ATASCADERO, ARROYO GRANDE, GROVER BEACH, MORRO BAY,
PASO ROBLES, PISMO BEACH, AND SAN LUIS OBISPO (each, a “City,” and collectively, the
“Cities,” and, together with the County, the “Parties”, or individually “Party”).
RECITALS
The County and each of the Cities previously entered into an Agreement (“Agreement”) for allocation of
construction and financing costs for a new Animal Service Shelter at 865 Oklahoma Avenue in San Luis
Obispo, California (“Shelter” or “Project”). The Agreement is dated as of February 1, 2017.
The Parties entered into Amendment No. 1 to the Agreement, dated June 5, 2018.
The County provided written notice of increased estimated construction costs to the Cities on July 18, 2019,
pursuant to Section 3(a)(ii) of the Agreement.
The Cities approved the additional construction costs in writing, pursuant to Section 3(a)(ii) of the
Agreement.
The Parties acknowledge the benefit of collaborative and joint efforts in constructing, financing, and
managing the Shelter.
The Parties now enter into this Amendment No. 2 to memorialize the increased estimated construction costs
for the Shelter. The Agreement, Amendment No. 1and this Amendment No. 2 represent the entire
agreement between the Parties.
NOW, THEREFORE, the Parties agree as follows:
1. Recitals.
The above Recitals are true and correct.
2. Capital and Financing Costs
a) The Project construction costs to be shared by the Parties were estimated at the time the
Agreement was signed to be Thirteen Million One Hundred Seventy-Six Thousand Five
Hundred Dollars ($13,176,500). Pursuant to Amendment No. 1, the County agreed to reduce
the costs allocated to the Cities by $1 Million, thereby lowering the estimated shared
constructions costs to Twelve Million One Hundred Seventy-Six Thousand Five Hundred
Dollars ($12,176,500). Pursuant to this Amendment No. 2, and in consideration of the Design-
Build contract amount for the Project, the Project construction costs to be shared by the Parties
shall not exceed Eighteen Million Nine Hundred Ninety-Nine Thousand Seven Hundred
Seventy-Three Dollars ($18,999,773).
b) Estimated financing costs are shown in Attachment A to this Amendment No. 2 and may vary
depending on the applicable interest rate and whether there are out of pocket costs to obtain
ITEM NUMBER: C-2
DATE: 11/12/19
ATTACHMENT: 1
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Page 2 of 3
financing (collectively “Estimated Project Financing Costs”). If the actual interest rate is
higher or lower than that estimated on Attachment A, the actual financing costs will vary.
3. In the event of a conflict between the terms of the Agreement, Amendment No. 1 and this Amendment No.
2, the terms of this Amendment No. 2 shall prevail.
IN WITNESS WHEREOF, by their execution below, the Parties agree to be bound by the provisions of this
Amendment, and the Board of Supervisors of the COUNTY OF SAN LUIS OBISPO has authorized and
directed the Chairperson of the Board of Supervisors to execute this Agreement for and on behalf of the
County, and the Cities of ATASCADERO, ARROYO GRANDE, GROVER BEACH, MORRO BAY,
PASO ROBLES, PISMO BEACH, AND SAN LUIS OBISPO have caused this Agreement to be subscribed
by each of their duly authorized officers and attested by their Clerks.
Dated: _______________ COUNTY OF SAN LUIS OBISPO
_____________________ ____________________________
Clerk of the Board
Dated: _______________ CITY OF ATASCADERO
_____________________ ____________________________
City Clerk By:
Dated: _______________ CITY OF ARROYO GRANDE
_____________________ ____________________________
City Clerk By:
Dated: _______________ CITY OF GROVER BEACH
_____________________ ____________________________
City Clerk By:
Dated: _______________ CITY OF MORRO BAY
_____________________ ____________________________
City Clerk By:
Dated: _______________ CITY OF PASO ROBLES
_____________________ ____________________________
City Clerk By:
ITEM NUMBER: C-2
DATE: 11/12/19
ATTACHMENT: 1
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Page 3 of 3
Dated: _______________ CITY OF PISMO BEACH
_____________________ ____________________________
City Clerk By:
Dated: _______________ CITY OF SAN LUIS OBISPO
_____________________ ____________________________
City Clerk By:
ITEM NUMBER: C-2
DATE: 11/12/19
ATTACHMENT: 1
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SLO County Animal Services Facility
Financing cost estimates at proposal costs
July 25, 2019 market update
Project cost 13,176,500$ Scope Cost 20,348,740$
less: County‐only Road Costs (348,967)$
County Contribution (1,000,000)$ less: County Contribution (1,000,000)$
Shared debt 12,176,500$ Amount Financed 18,999,773$
Agency Share
25yr ‐ 3.5%Additional Annual Debt Service vs. MOU
low‐end
25yr ‐ 3.24%
Arroyo Grande 5.94% 45,523$ 20,231$ 65,753$
Atascadero 15.03% 115,186 51,190 166,376
Grover Beach 3.12% 23,911 10,626 34,537
Morro Bay 2.90% 22,225 9,877 32,102
Paso Robles 18.15% 139,097 61,816 200,913
Pismo Beach 1.19% 9,120 4,053 13,173
San Luis Obispo 10.03% 76,868 34,160 111,028
Unincorporated 43.64% 334,447 148,630 483,077
Avg Annual Payment 100.00% 766,377$ 340,582$ 1,106,959$
MOU (low end)
Estimated Annual Debt Service at July 25th market
update
Exhibit A
to MOA Amendment No. 2
ITEM NUMBER: C-2
DATE: 11/12/19
ATTACHMENT: 1
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