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Agenda Packet 01/25/2000
It AGENDA e ATASCADERO CITY COUNCIL MEETING TUESDAY, JANUARY 25, 2000 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4th Floor Atascadero, California PLANNING COMMISSION INTERVIEWS, 5:30 P.M. 1. Interview candidates 2. Select, by ballot, two citizens for the Planning Commission. REDEVELOPMENT AGENCY: 6:30 P.M. REGULAR SESSION, 7:00 P.M.: PLEDGE OF ALLEGIANCE: Mayor Johnson ROLL CALL: Mayor Johnson Mayor Pro Tem Arrambide Council Member Clay Council Member Luna Council Member Scalise APPROVAL OF AGENDA: Roll Call COMMUNITY FORUM: ('Phis portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda.) COUNCIL ANNOUNCEMENT AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) A. CONSENT CALENDAR: Roll Call (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Minutes—January 11, 2000 ■ City Clerk recommendation: Council approve the City Council minutes of January 11, 2000 [Marcia McClure Torgerson] 2. Final Parcel Map 998006/AT 98-1031—9125 San Diego Road (Vaughan/ Mehring) ■ Fiscal Impact: None ■ Staff recommendation: 1. Council accept the Final Map 498006; and 2. Council accept a Public Utility Easement as shown on Attachment B. [Community Development Department] B. PUBLIC HEARINGS: 1. Burning Regulations ■ Fiscal Impact: None ■ Staff recommendation: Council oppose the ban on backyard burning being considered by the Air Pollution Control District and begin an education program as outlined in this report to improve the use of the Green Waste Program. [Fire Department] i 2 2. Subdivision Ordinance Update—Staff-initiated comprehensive update of the City's Subdivision Ordinance ■ Fiscal Impact: None ■ Planning Commission recommendation: Council introduce for first reading by title only, the attached draft Ordinance adopting a comprehensive update of the City's Subdivision Ordinance. [Community Development Department] C. MANAGEMENT REPORTS: 1. Disposition of Surplus City Equipment—excluding vehicles ■ Fiscal Impact: Indeterminate amount of revenue ■ Staff recommendation: Council authorize the City Manager to enter into an agreement with Asset Liquidations for the disposition of surplus City equipment. [Community Services Department] 2. Legislative Priorities ■ Fiscal Impact: None ■ Staff recommendation: Council adopt attached draft Resolution establishing the City's legislative priorities for 2000. [City Manager's Office] 3. Requesi to Place Sewer Connection Fees on the Property Taxes—(Lizama— 3405 El Camino Real) ■ Fiscal Impact: Approval would delay collection of fees; however, interest would be charged and collected ■ Staff recommendation: Council deny this request. [Community Services Department] 4. Request from Air Pollution Control District (APCD)—Contribution towards the Central Coast Ozone Study (CCOS) ■ Fiscal Impact: S2,500.00 ■ Staff recommendation: Council authorize a $2,500.00 contribution and appropriate the finds from the reserve fund. [City Manager's Office] 5. Information Bulletin E. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority 2. Finance Committee 3. Water Committees: a. SLO County Flood Control & Water Conservation District Water Resources Advisory Committee b. Nacimiento Water Purveyors' contract Technical Advisory Committee C. North County Water forum 4. Integrated Waste Management Authority 5. North County Council 6. Air Pollution Control District 7. County Mayor's Round Table 8. Economic Vitality Corporation, Board of Directors 9. City/ Schools Committee 10. Economic Opportunity Commission 11. SCA-3 Steering Committee F. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer G. ADJOURNMENT: THE NEXT CITY COUNCIL REGULAR SESSION IS SCHEDULED ON FEBRUARY 08, 2000, AT 7:00 P.M. 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. • 4 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING GENERAL INFORMATION The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk(Room 208), and in the Information Office (Room 103), available for public inspection during City Hall business hours. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805)461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address Make your statement • All comments should be made to the Mayor and Council • All comments limited to 5 minutes (unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum(unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters to_appear on the Agenda must be in the Office of the City Manager ten days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. DATE: 01/25/2000 1918 ® 1979 \�SC.�nERp% City Clerk's Agenda Report Marcia M. Torgerson Planning Commission Interviews RECOMMENDATION: City Clerk recommends the following: 1) Interview(5) candidates. 2) Select,by ballot,two citizens for the Planning Commission. DISCUSSION: i Background: William Zimmerman's and David Bentz's terms on the Planning Commission are due to expire February 2000. Summary: The City Clerk has solicited applications from the members of the public pursuant to State Law. Five applications were received for the two vacancies and interview times have been established for each candidate. The applications in the Planning Commission pool from the previous recruitment were contacted, however, none were interested in being included in this current interview process. It has been verified by the City Clerk's office that all of the applicants are residents and registered voters in the City of Atascadero. ATTACHMENTS: Interview Schedule 5 Applications i �0 00 INTERVIEW SCHEDULE PLANNING COMMISSION Tuesday, January 25, 2000 - 5:30 p.m. Club Room 5:30 David P. Bentz 5:40 Bob Kelley • 5:50 Mark Stephen Velci 6:00 William J. Zimmerman 6:10 Jeff Hook 6:20 COUNCIL VOTES G.001002 Please return to: \CITY CLRK . 0 Palma Avenue ��� 6 0 -� .�� ,mac � 32004 Room 208 {isle`.q ., Q; 1978}•, Atascadero, CA 93422 CITY OF ATASCADERO CITY CLERK'S OFFICE CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: David P. Bentz RESIDENTIAL ADDRESS: 10275 San Marcos Rd. Home Phone: 466-1288 MAILING ADDRESS (if different): Work Phone: Are you a resident of the City of Atascadero? Yes How Long? 27 Months Are you a registered voter? Yes No_ Social Security No. 548-48-8639 OCCUPATION: Retired/Consultant EMPLOYMENT: Present or last employer's name, address and phone number: City of Ontario, Ca. 303 E. B St. , Ontario, Ca. 909/986-1151 Position held and length of employment: Director of Administrative Services (28 months) Retired from Ontario EDUCATION: AA Chaffey Jr. College, UCLA, USC, Cal State Univerity at Los Angeles. RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: Professional Designation in Purchasing Management This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. Board, Committee & Commission Application C. L 01 0 Q 3 P.— 1 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: Atascadero Rotary Club, Board Member Atascadero Church of the Nazarene, Board Member Creative Alternative For Learning & Living, Inc. , Atascadero Planning Commissioner, Involved in Boy Scouts of America. OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: How did you learn about this vacancy? Newspaper Article Newsppaper Ad Community Group Word of Mouth Library City Hall XX Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: � Date: 111212000 Board, Committee & Commission Application !�� Page 2 C, L9 V CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explain why you would like to serve on the Planning Commission. I want to give something back to the Community in which I live. I desire to contribute to the overall well being of the Community. 2. Have you ever attended a meeting of the Planning Commission? X Yes _ No 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? My thirty-eight years of experience working in local government will assist me in making decisions involving the City's General Plan. 4. In your view, what is the function of the Planning Commission? The function of the Planning Commission is spelled out in Chapter 9 of the Atascaderc Municipal Code section 2-9.07 and the State of California Government Code Chapters 3 & 4 of Title 7,* commencing with section 65100. The Planning Commission shall perform such other duties and functions as may be directed or designated by the City Cbuncil not inconsistent with State law. 5. How would you see your role as a member of the Planning Commission? My role would be as a middleman receiving input from the public, staff and the City Council . I would focus on the General Plan and the physical development of the Cdty The Planning Commission is an advisory commission to the elected officials. ' c, OJ Supplemental Application Planning Commission Page 2 • 6. What are the current issues facing the Planning Commission? Revision of the General Plan, Zoning Code consistency with the General Plan. Downtown rehabilitation and the issues identified in the current citizen survey. 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. The City's General Plan is a comprehensive long-term general plan for the physical development of the City. There are seven(7) required General Plan Elements, (Land Use, Circulation, Housing, Noise, Conservation, Open Space and Safety) . The City is required to make sure that there is internal consistency among elements of the General Plan. 8. If appointed, what specific goals would you like to see the Planning Commission achieve? To be uniform and consistent with its interpretation of City Policies. The Planning Commission should be friendly, fair, dfficient and competent in its dealings with the public. 9. If there is additional information you would like to share about yourself, please use the following space provided (optional). 1 hereby certify that the foregoing information is true and correct. Date: 111212000 CCCCO Signature: ci Please return to: �. . CITY CLERK l� 6500 Palma Avenue �,�,t�i � 1 4 M Room 208 S {teas`, 0 1 779*••; Atascadero, CA 93422 CAD ' CITY OF ATASCADERO CITY CLERK'S OFFICE CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being 'a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: 130 J KEL.LCY RESIDENTIAL ADDRESS: q`155 OALLE REFU(r10 Home Phone: 46O 'a 143 MAILING ADDRESS (if different): Work Phone: 4 6 -34,00 Are you a resident of the City of Atascadero? E5 How Long? * 6 "IRS SEE- ITEN-*I 9 Are you a registered voter? Yes_[ No_ Social Security No. s'S"1 ba.•3`f'1� OCCUPATION: tZt:p1L F`11ATE SAL.�S EMPLOYMENT: Present or last employer's name, address and phone number: COLD(yEC.L & RC-e ZAH taouc.-At u Assod . 1450 Noy" o ,D . t-ITASC'AflA 4b6 -36010 Position held and length of employment: �rs a,iR EDUCATION: 1 \1 EAR �"urv►o2 C.I�L.LEG� RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: �p I' L-Tlt�t<� 17CtlLDtNG- l�aT6�Af"ZbA - ILT O_UleTO1J t60&1 S !N TR&- L�{ rN �occIyTY Foil A4Pl�oX• L8 11G-APG AL GEGrATtr SALES hA,J This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. Board, Committee & Commission Application C. L 0 0 7 rano � INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: T1C-JJ8L� Of TR SA N LA (S 061684 SB RI EP1S Aelz.o '�'OyA'090A -o I o F oR 2 0— + CO Q17 �F�TDR. (rA� "t �A�S � A t �LlG( TS OTHER CITY .COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: NIA How did you learn about this vacancy? Newspaper Article je_� Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signatur . Date: ( " 14 -00 Board, Committee & Commission Application f L L Page 2 0 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explain why you would like to serve on the Planning Commission. T haL)ED To A,TASCAZERO APPROx• ;,S �R.S- AC-0 . I RAuts SLrN Tilt: C ITN Qt tOhE (X&00 .002ATeb Avg w AS IALM5 w Rff Tilt✓ t eN I✓-apiL f LAO.2 WAS WRIXIL-3 v ROD I h.PL9ELLW T Ir D . S TN kk)e ATASCAD6�D 1S F-NT6-P I L- INTL) R TALzk; eQ.PR • S KdLO LkAUL-r TAl; T-IVIE Tv 3c- INVoLuOD IP Cron Tuull'r 17u0&r-L00-5 Aub tVDULD LLKL7 To I; G R I-WM60e OI- TVAI ?LAPP 1W--C001rj655l04'. 2. Have you ever attended a meeting of the Planning Commission? /Yes _ No 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? TRI- FLATgP-e G.11ow V OF QTflG(-P-De20 ng . AAoIYuL_ 'FoP- AIS o &S Lt w),,01 -t'EkIIU C t'1:�-A-rF}rA6cAD6-10 1S o u t7 0 n�� K 16(:-6 T P LAreU-,S tb Wu cy�. 3E I Tl6- rg ru TK E Pt.,A,u,u I � corintsioto t�0( FuLLY LO I'W_ PD- 5L--aL)V F4VA6CA De-Q-U ISS WG' Au. K.OoO IT -tri A ?,e-V1AV-P RUIL,0104, 0-001JR-AdIOR A un 6uQRLIv1L14 X n INOOLULZb IP RRtEAL E5-rPTV 4. In your view, what is the function of the Planning Commission? L° ITIL &V-5 [�tUOLUn i w rTH PLI�U�I�uL- [SSu �S 1bPou( bFT To T1417 GT ITY - 5. How would you see your role as a member of the Planning Commission? -1- NAV I= ,a() CDH NVt CT'(.DPS W 1rt1A AVY ?iso DI?. AkrrI M ("jzotyni (),w ,P5 1 WOULD 5 c--Q6tc:: As A n c,rih P�P1D EzoA LttOct L C 1AEQe 1 I✓i 0 N IT'S ow N imDWtDuAL- -f?t Supplemental Application Planning Commission Page 2 6. What are the current issues facing the Planning Commission? R uC:l_r�A n�,u i 1itZowTlt 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. qGARG AC-0 -L ti ,SoRL wiAprT TAmLI AQ c 1T� T�t� PI.A.v. 5EDVZFkL VGoPW�7 Itj TW3 dOT1P'lUlu )TY SPWvc( ALOT of Ti fl L' To w?,ITe TRU !?LAO Tv T R,&5 c-kV 11-4Es M105VAUCO of 4rAS CA0 6MO. QT TIAG -rine Z TN 10Jk TIA 2 LA O N l; OL TO 8(3 fZ G L)11; Ub AoD 0Qoutr i ctD 'Fop PUBL16 6otIlUt41i -ro 5uL-7 tF ALuY 8. If appointed, what specific goals would you like to see the Planning Commission achieve? -SrynDYEk DTGTATLO0 PLOD IRE 0 [!ou1l?OLL1t, C COW Tl{ O r- ATAsoA.b&zo 9. If there is additional information you would like to share about yourself, please use the following.space provided (optional). o -TS (o e or- -rR &-cr'( COQ T 4 E LASS !t u ONRS I ftAy Su-S t n0Ut BAC k- 1 yVTy Toc00 . A(,TRCX1GH J RAO(- A LWA45 WOO-V-4 10 416501AA UQU 605 CON 5 1DC; &D IT !1 1Aott t? JOWA) I hereby certify that the foregoing information is true and correct. ��,, ��,, liLt�. V111 Signatur Date: lT/`�'O�. Please return to: I �� CITY CLERK 6500 Palma AvenueY° p�� 4 Room 208 iari'�f3.; �; G79% , Atascadero,CA 93422 : CAD i CITY OF ATASCADERO CITY CLERK'S OFFICE CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire aire fora the advisory body you are applying for. NAME: RESIDENTIAL /� 2a Home P q&? — �QS ADDRESS: / /tJ� [•� e hone. � MAILING ADDRESS of different): Work Phone: Are you a resident of the City of Atascadero? How Long? P2vX Are you a registered voter? Yes No_ Social Security No. -3 -Y023 OCCUPATION: S4 les EMPLOYMENT: Present or last employer's name, address and phone number: �o r5 pct �•�e f �r c ...L-N�. , A- --A Position held and length of employment: DW 06P, L N7zL, j qg -- I�i't-cs c�-j7L/ 0 EDUCATION: Be,t__e roe 67C, �`i� �s-��-�-c f3A al CG OU 9ic-Jee lIV6 RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: p /� L. This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. Board, Committee & Commission Application V 0 0 1 Page 1 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: C6P1&k1;J6e 5D112E— OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: AJ How did you learn about this vacancy? Newspaper Article * Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: Date: Board, Committee & Commission Application G . .012 Page 2 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explain why you would like to serve on the Planning Commission. Lr 660 t/L L. K,e (1S Lj1 ec e D l-= 2. Have you ever attended a meeting of the Planning Commission? _Yes X No 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? 15-,&.1'n Ae14 s' _ Thi � �E c • s �e U � �� �( its Re- 691D Td 7h e- © � 4. In your view, what is the function of the Planning Commission? G� wry nV e, s lizvo �1� �1e, y� -�D ex./s -z�v,�-, A Apop e- Irvp Aen*z-4v,- o 4 ,r��-s�z� 2� 7-0 s� C— 7 r�� l� o z b 5. How would you see your role as a member of the Planning Commission? �J1`-- Supplemental Application Planning Commission Page 2 6. What are the current issues facing the Planning Commission? Zey e l / 1�j/Le G7er&>y d ?�7 621Ot,.jj 7 �w TaW AJ 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. G (✓ TI✓ i. (bJi�t,h,c, A �1 L292 0-1 C Crl ZIkt K:c i✓2-- TO raf '7 Lam.. n/,f-c-o 612 o,-j X7-1 8. If appointed, what specific goals would you like to see the Planning Commission achieve? / 11 6 u l D r- T�.0 � �'�w�T cry i p�_r".✓� S C/:�7C`�ivr Tl� al rqr ewe 9. If there is additional information you would like to share about yourself, please use the following space provided (optional). ,-6-e 1Jih n 7- zzz--7 - t I hereby certify that the fore ing information i ue d correct. S / - o Signature: . Date: 12 -vG 0 T-1 0 14 2-9.01 Chapter 9 after expiration of the stated term,with the approval of the City Council, until such time as the City PLANNING COMMISSION Council selects a successor. (Ord. 327 § 2, 1997; Ord. 291 § 1, 1995: Ord. 200 § 1, 1990: Ord. 101 Sections: § 2 (part), 1985) 2-9.01 Creation: Composition. 2-9.02 Members: Appointment: Terms 2-9.03 Absence from meetings. of office. Absence of a member of the Planning Commis- 2-9.03 Absence from meetings. sion from three (3) consecutive meetings, or from 2-9.04 Members: Removal from office. four (4) meetings during a calendar year, without 2-9.05 Vacancies. formal consent of the Planning Commission noted 2-9.06 Expenses. in its official minutes,shall be reported by the Plan- 2-9.07 Powers, duties, and functions. ning Director to the City Council for consideration 2-9.08 Organization. of removal from office. (Ord. 200 § 2, 1990: Ord. 101 § 2 (part), 1985) 2-9.01 Creation: Composition. There is created a Planning Commission for the 2-9.04 Members: Removal from office. City which shall consist of seven (7) members who A member of the Planning Commission serves at shall not be officials or employees of the City,but the pleasure of the City Council and may be re- who shall be residents of the City. (Ord. 101 § 2 moved from office, with or without cause, by a (part), 1985) majority vote of all the members of the City Coun- cil. (Ord. 200 § 3, 1990: Ord. 101 § 2 (part), 1985) 2-9.02 Members: Appointment: Terms of office. 2-9.05 Vacancies. The City Council shall appoint members of the A vacancy on the Planning Commission occurring Planning Commission by a majority vote of the by death, resignation, removal, or any other cause entire Council.Two(2)members shall be appointed before the expiration of the term of the member for terms commencing September 1, 1995, and shall be filled by appointment for the unexpired expiring on February 1, 2000. Two (2) members term by the Council. (Ord. 101 § 2 (part), 1985) have been appointed for terms which expire Septem- ber 1, 1996,one(1)member has been appointed for 2-9.06 Expenses. a term which expires September 1, 1997, and two Planning Commission members shall be entitled (2) members have been appointed for terms which to remuneration for expenses in accordance with the expire September 1, 1998. These terms shall be procedure approved by resolution of the Council. extended to February 1st of 1997, 1998 and 1999, (Ord. 101 § 2 (part), 1985) respectively. Thereafter, all terms shall be for four (4) years and shall expire on February 1st, except 2-9.07 Powers, duties, and functions. those appointments made after the commencement The powers,duties,and functions of the Planning of the term to fill a vacancy or removal, in which Commission shall be all those powers, duties, and case the term of office shall be for the balance of functions of a Planning Commission and Board of the unexpired term. Vacancies on the Commission Zoning Adjustment as provided in Chapters 3 and occurring other than by expiration of term shall be 4 of Title 7,commencing with Section 65100 of the filled in the manner established by resolution for Government Code of the State (the Planning and appointments. All members shall serve at the plea- Zoning Law),as the same may be hereafter amend- sure of the City Council and may continue to serve ed. The Planning Commission shall perform such 42 0.11; Cl015 2-9.07 is other duties and functions as may be directed or designated by the Council not inconsistent with State law. (Ord. 101 § 2 (part), 1985) 2-9.08 Organization. As of February 1st annually,or as soon thereafter as is feasible, the Planning Commission shall elect a chairman and a vice-chairman from among its members.The chairman shall preside over meetings, appoint appropriate committees,sign resolutions and direct the affairs of the Commission.In the absence of the chairman, the duties of this office shall be performed by the vice-chairman. The Commission shall conduct meetings pursuant to adopted rules for the transaction of business, shall keep a public re- cord of its resolutions, transactions, findings, and determinations and shall hold regularly scheduled meetings in the Rotunda Room, fourth floor, Ad- ministration Building, 6500 Palma Avenue, Atascadero, every first and third Tuesday evening at 7:00 p.m., and on such other days, at such other times, as may be designated in order for a special meeting. When the day for any regular meeting of the Planning Commission falls on a legal holiday, the meeting shall not be held on such holiday but should be held at the same hour on the next suc- ceeding day thereafter which is not a holiday, or at such other time as shall be determined and noticed by the Planning Commission. (Ord. 291 § 2, 1995: Ord. 142 § 2, 1986: Ord. 101 § 2 (part), 1985) 43 �< 0" 0 � 0 MARK STEPHEN VELCI 7465 Bella Vista Road Atascadero, CA 93422 (805) 462-2268 SUMMARY OF SKILLS AND PERSONAL STRENGTHS: Entrepreneur...real estate and construction background ...effective communicator and motivator...consensus builder... EMPLOYMENT HIGHLIGHTS: OBISPO PACIFIC INC. - JULY 1997 TO PRESENT Principle Partner: Started window, door and specialty wood dealership from inception. Management of accounting and sales personnel. Established and maintained outside sale accounts. Set up receivable and payable accounting policy. Managed incoming and outgoing deliveries. PACIFIC PARADIGM — MARCH 1995 TO JUNE 1997 Principle Partner: Responsible for acquisition, rehabilitation and sales of residential and commercial real estate. Negotiated purchase and sales agreements. Managed all phases of construction. Managed all financial activities. 0 AHMANSON MORTGAGE/HOME SAVINGS OF AMERICA 1992-1995 Senior Staff Appraiser: Appraisal of residential properties for large financial institution. Duties included property inspection, preparation of reports, use of MLS and data scan for search, reviewed appraisals of office staff and prepared income and expense statements. JOHN R. HUNDLEY 1991-1992 Proposal Manager: Coordinated subcontractor bids for public works general contractor. Reviewed blueprints to determine necessary scope of work, solicited bids via "green sheet' publication and analyzed proposals to ensure responsive compliance with scope of work. GOLDEN MESA REALTY 1989 - 1991 Real Estate Broker: Supervised small real estate sales office. and property management staff. Represented clients in property transactions of unimproved land, single family residences and income property. EDUCATION: Bachelor of Science Degree: Engineering; Construction Engineering Management, 1991 - California State University, Long Beach. Bachelor of Science Degree: Business Administration; Real Estate/ Finance/Law, 1987 - California State University, Long Beach. PROFESSIONAL LICENSES: • California Real Estate Broker. -7 Ci '-1 rl01 Please return to: �\ CITY CLERK y aae R.: JM - 52U 6500 Palma Avenue �t � r Room 208 .11era Atascadero, CA 93422 CITY QF_ATASCADERO CAD CCLLEE CITY RICS OFFICE CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: WILLIAM J. ZIMMERMAN 6225 Lomitas Rd. RESIDENTIAL Atascadero, CA 93422 ADDRESS: Home Phone: ( 805) 462-1 51 8 MAILING ADDRESS (if different): Work Phone: Are you a resident of the City of Atascadero? Yes How Long? 6 3/4 years Are you a registered voter? Yeses No_ Social Security No. 573-48-451 3 OCCUPATION: City of Atascadero Planning Commissioner EMPLOYMENT: Present or last employer's name, address and phone number: Retired from Risk and Insurance Management Agency, 0 Chief Administrative Office, County of T.c,G Angeles Position held and length of employment: Division Chief (Retired 3-17-92 after 24 years Connt-y Sprv; r•e) EDUCATION: Master of Business Administration - USC RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. G0 C?01� Board, Committee & Commission Application INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: City Planning Commissioner ( former Chairman) ; President, Lutheran Church of the Redeemer; SLO County Grand Juror, 1994-95; Past President and Current Director, Former Grand Jurors Association of SLO County; and Docent, Charles Paddock Zoo. OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: See above. How did you learn about this vacancy? Newspaper Article Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment Other (specify): Expiration of Term on P1 anni nq Commission Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: �'"' Date: January 4, 2000 ;09— William J. Zimmerman As a former Chairman and faithful member of the Atascadero Planning Commission for the last four years, I believe I have done an outstanding job on behalf of the residents of Atascadero. Therefore, I am applying for re-appointment. Even though I had a health problem during the last two years, my attendance record and participation on Commission-related activities is one of the best of all the Commissioners, and there is no reason known to me why I cannot continue to serve in this capacity. Board, Committee & Commission Application rr+ Page 2 x;1.1 'V r, Jan 12 00 01 : 55p City of Atascadero 805-4G1 -0006 p. 1 Please return to: / CITY CLERK JIM i 4 6500 Palma Avenues Room 208 tare`. ta�>•� Atascadero,CA 93422 S ASCO CITY OF ATASCADERO CITY CLERK'S OFFICE CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fin out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: JEFF HOOK RESIDENTIAL 4620 SAN ARDO AVENUE, ATASCADERO, CA. 805) 466-5538 ADDRESS: Home Phone: � MAILING ADDRESS lif different): Work Phone: (809) 781-7176 Are you a resident of the City of Atascadero? yes How Long? 13 years Are you a registered voter? Yeses No_ Social Security No. 549-72-1 1 Fit. OCCUPATION: PLANNER/BUSINESS OWNER EMPLOYMENT: Present or last employer's name, address and phone number: CITY OF SAN LUIS OBISPO Position held and length of employment: ASSOCIATE PLANNER/LANDSCAPE ARCHITECT EDUCATION: Master of Landscape Architecture, Cal Poly Uni.versi.ty, Pomona, 1980 B.A. , Uni.versi.ty of Cali.forni.a, Santa Barbara, 1973 RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: Registered Landscape Archi.tect, Calif. Li.c. 42522 This application and supplement are'public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. Board, Committee & Commission Application Page 1 { C k.. U. . V Jan 12 00 01 : 55p City of Rtascadero 805-461 -0606 p. 2 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: Boy Scouts of America, Assistant Scoutmaster, Troop 150, Atascadero AHS Drama Boosters' OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: none How did you learn about this vacancy? Newspaper Article X Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Date: Signature: Board, Committee & Commission Application Page 2 C �' � � � �„ Jan 12 00 01 : 55p City of Atascadero 805-461 -0606 p. 3 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explain why you would like to serve on the Planning Commission. My family has grown and thrived in Atascadero and benefitted ir_ many ways in living in this community. I own property here and have a stake in Atascaderols civic health and prosperity. I•find that T have the tame to become more involved and want to give back- to the community my time and skill: 2. Have you ever attended a meeting of the Planning Commission? g Yes _ No 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? I believe I have the ability to objectively a elop alternatives for addressing the issue or problem, and present a recommend verbally and graphically that reflects multiple objectives and ne_eLds. As a smally business owner of seven rental housing units I understand what it takes to make payroll, follow a budget., and invest in the community. 4. In your view, what is the function of the Planning Commission. To provide the best possible advice gi v n public i nn„t f iscaL_needs realities, city standards and policies, and staff guidance, to the City Council on matters related to Land Use, Transportation, Housing and other community issues. 5. How would you see your role as a member of the Planning Commission? First, to learn procedures and standards which apply to Atascadero's planning program and Commission, then to work as a member of a team to hel P counci.lmembers and staff do the best ob ossi.ble f cader0 citizens. r' n4 Uk; 02 Jan 12 00 01 : 5Gp City of Atascadero 805-461 -0606 p. 4 Supplemental Application Planning Commission Page 2 6. What are the current issues facing the Planning Commission? I don't presume to aolwl the issues faci.n " the Commission or Council however I believe Downtown Redevelopment, ci.rculati.on improvements, General Plan updates, and possible expanded retail opportunities are some key i.ssues facing the City. 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. I am not fami.li.ar wi.th the detai.ls of Atascadero's General Plan. however I belime I could become so very quickly i.f appoi.nted to the Planning Commi.ssi.on. I have a good working knowledge of the State Planni.ng Law, particularly im the areas of housi.ng, land use b i.vi.si.on map act, and urban desi.gn. 8. If appointed, what specific goals would you like to see the Planning Commission achieve? The City's long-term well-being and economi- health depends .i art , on i.ts abi.li.ty to i.ncrease revenue through enhanced sales tax and "TOT" while enhancing the quality of li.fe for i.ts ci.ti.zens. Roads, urban services, recreati.on opportuni.ti.es, public safety and city beauti.fi.cation are some of the keys to bui.ldi.ng on community quali.ti.es we already enjoy. 9. If there is additional information you would like to share about yourself, please use the following space provided (optional). I hereby cert4teing information is true and correct. Signature: Date: Gt' OU ITEM NUMBER: A-1 DATE: 01/25/2000 • 6 MINUTES Iola', C ® 1 78 9 AT � o ATASCADERO CITY COUNCIL MEETING TUESDAY, JANUARY 11, 2000 7:00 P.M. CLOSED SESSION: 1. Conference with legal counsel [Govt. Code §54956.9] Existing litigation: a. City of Atascadero v Atascadero Unified School District b. City of Atascadero v Kelly Gearhart City Attorney Roy Hanley announced there were no reportable actions taken. • REGULAR SESSION, 7:00 P.M.: Mayor Johnson called the Regular Session to order at 7:05 p.m. and Council Member Scalise led the Pledge of Allegiance. ROLL CALL: Present: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson Absent: None Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Acting Battalion Chief Kurt Stone, Community Services Director Brady Cherry, Administrative Services Director Rachelle Rickard, Community and Economic Development Director Paul Saldana, Chief Wastewater Operator Mark Markcort and City Attorney Roy Hanley. 00'01024 ITEM NUMBER: A—1 DATE: 01/25/2000 APPROVAL OF AGENDA: • MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Luna to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation declaring February 2, 2000, "Annual National Groundhog Job Shadow Day" Peter Smith, business teacher at Atascadero High School and school to work site facilitator, accepted the proclamation and explained the Groundhog Job Shadow program. COMMUNITY FORUM Al Clark, 9435 El Bordo, explained that he brought a few Boy Scouts with him to this meeting to witness the City Council in action. He asked the Council to consider appointing a representative to serve on the Atascadero State Hospital Advisory Board so that the community would be involved in the activities which take place at the Hospital. He asked the Council to debate this topic. Mayor Johnson responded by saying that it would be a violation of the Brown Act to debate the topic. • Richard Moen, 4200 Portola Road, requested Council Member Arrambide suggest to the Air Pollution Control District to consider making some allowances for backyard burning on larger lots. Eric Greening, 6600 Lewis Ave., stated he agrees with the two previous speakers. He also discussed the Salinas Dam issue. Mr. Greening asked the Council about the issue of the $50,000 to be used for the Salinas Dam efforts. He requested that a few thousand be given to the movement that was responsible for the efforts in Sacramento. He suggested this issue be a future agenda item. Mayor Johnson closed the Public Comment period. Council Member Arrambide announced that the backyard burning issue will be on the January 25, 2000, agenda and there will be a public hearing. Mayor Johnson stated that he was unsure of our ability to measure feasible burn days locally rather than regionally. • CC 01/11/00 G L L 0 2 5 Page 2 ITEM NUMBER: A—1 DATE: 01/25/2000 COUNCIL ANNOUNCEMENT AND REPORTS: Council Member Clay announced that Rush Kolemaine passed away recently. He stated that he appreciated Mr. Kolemaine's interest in our city and would miss him. CORRESPONDENCE: 1. Memo from League of California Cities entitled, "League Board Acts to Increase Legislative Effectiveness; Due will increase by 5%. " City Manager Wade McKinney explained the League of California Cities' memorandum. A. CONSENT CALENDAR 1. City Council Minutes—November 23, 1999 ■ City Clerk recommendation: Council approve the City Council minutes of November 23, 1999 [Marcia McClure Torgerson] 2. City Council Minutes—December 14, 1999 ■ City Clerk recommendation: Council approve the City Council minutes of December 14, 1999 [Marcia McClure Torgerson] 3. City Council Study Session Minutes—December 29, 1999 ■ City Clerk recommendation: Council approve the City Council Study Session minutes of December 29, 1999 [Marcia McClure Torgerson] 4. Public Sewer Extension Design,North El Camino Real ■ Fiscal Impact: $19,800.00 to be funded from the Wastewater Division's FY 99-00 Contingency Reserve ■ Staff recommendation: Council authorize the Mayor to execute an agreement with Cannon Associates to prepare plans and specifications for a gravity sewer main along El Camino Real from Del Rio to the proposed lift station north of the intersection of El Camino Real and Santa Cruz Road(PS913), at a maximum cost of $19,800.00, and make the necessary appropriations. [Community Services Department] 5. Santa Cruz Road Slope Stabilization Project (998-15)—Accept the completed public improvements and authorize release of the project retention. ■ Fiscal Impact: $7,298.40 in FEMA Funds (Fund 500) ■ Staff recommendation: Council accept public improvements as complete and authorize release of the project retention in the amount of$7,298.40 to Souza Construction, Inc. [Community Services Department] CC 01/11/00 �`� _2Page 3 V ITEM NUMBER: A—1 DATE: 01/25/2000 6. Traffic Way Storm Drain Project—Agreement with Cannon Associates at maximum cost of$14,600 for engineering design services required to prepare plans, contract documents, technical specifications and special provisions for the extension of an existing storm drain system along Traffic Way. ■ Fiscal Impact: $14,600.00 ($6,700.00-STIP, $7,900.00-Fund 700) ■ Staff recommendation: Council authorize the Mayor to execute an agreement with Cannon Associates at maximum cost of$14,600.00for the engineering design services required to prepare plans, contract documents, technical specifications and special provisions for the extension of an existing storm drain system along Traffic Way. [Community Services Department] Eric Greening pulled Item#A-1 for a correction. Mayor Pro Tem Arrambide pulled Item#A-4 for discussion. MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Luna to approve Items #A-2,3, 5, and 6. Motion passed 5:0 by a roll-call vote. RE: Item 9A-1: Eric Greening, 6600 Lewis Avenue, requested that on page 5 , under Item#A-4, correct the spelling of Meredith's last name to read: "Kaplan." MOTION: By Council Member Clay and seconded by Council Member Scalise. Motion passed S:0 by a roll-call vote. RE: Item #A-4: Mayor Pro Tem Arrambide stated that on page 65, under the agreement with Cannon Associates regarding the sewer extension it states that fees are subject to change without notice. He asked if we are capping that agreement at $19, 500. Staff responded that the fees are capped. Council Member Luna asked if this extension was caused by the Home Depot project. City Manager Wade McKinney stated that it was not caused by Home Depot and will not benefit them. The City chose to extend the line at the same time as the Home Depot project in order to lower expenditures. Mayor Pro Tem Arrambide asked if the main will be sized and paid for by the project or will there be additional costs for us. Mr. McKinney stated that we are anticipating a potential reimbursement agreement with no cost to the City. Council Member Clay asked if the gravity feed could be extended further south. Mr. McKinney replied that it could. CC 01/11/00 r 01 ft 0 2 F Page 4 �+ v ITEM NUMBER: A—1 DATE: 01/25/2000 MOTION: By Council Member Scalise and seconded by Council Member Clay to approve Item #A-4. Motion passed 5:0 by a roll-call vote. B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. General Plan Update— Scope of Work ■ Fiscal Impact: None ■ Staff recommendation: Council receive and file the attached Scope of Work for the 2000 General Plan Update. [Community Development Department] Community and Economic Development Director Paul Saldana gave the staff report and answered questions of Council. Council Member Luna stated that he had requested an itemized budget. He asked about the start of consultant tasks. Community Development and Economic Director Paul Saldana explained that they become part of the process almost immediately. Council Member Luna asked if the total cost of$125,000 included staff costs. Mr. Saldana responded that it did not include staff costs and currently they do not have an estimate. Council Member Scalise asked if we have a tentative date for the City Council Hearing: Goal Consideration under Phase I. Mr. Saldana stated that it would be the first meeting in February. Council Member Clay asked if it was possible that some savings could be made as the project moves along. Mr. Saldana responded that it is possible. Council Member Luna stated that completion date is scheduled for December 2000. He asked if the date allowed for any possible appeals times for challenging EIRs, etc. Mr. Saldana replied that the appeal process would be after the final City Council hearing. Council Member Luna asked for a description of the notification process. Mr. Saldana stated that during the neighborhood meetings notification would be direct mail. Council Member Luna asked who the responsible person is for the documents, the website, and the posting of public documents. Mr. Saldana responded that staff would be responsible. PUBLIC COMMENT John McGoff, 9192 Maple St., explained he had previously taken the Council to task for awarding this contract without competition. He stated that the City Attorney has explained to him why the City did not have to acquire additional bids for this project. He stated that he concedes that it was their right to do so. Mr. McGoff asked for clarification on the details of the contract. CC 01/11/00C. ntl `) Page 5 V ITEM NUMBER: A-1 DATE: 01/25/2000 Eric Greening, 6600 Lewis Ave., asked for clarification on the General Plan update issue. In . particular, he asked the Council to have the Safety Element updated at the same time. He suggested that the Safety Element be dealt with in a timely manner. Mayor Johnson closed the Public Comment period. Mayor Johnson noted that there is no action required on this item. 2. Information Bulletin E. COMMITTEE REPORTS: Water Committees Council Member Clay announced that they had their usual meeting on the first Thursday of the month. He reported that a presentation was given on satellite monitoring systems regarding a project that was done in 1997 and discussed the results thereof. Council Member Clay reported that a presentation of Proposition 13 will be given at the next meeting. He also stated that Paso Robles will chose a company to perform a study on the groundwater basin. He estimated that they are 2 to 2 `/2 years away from completion. Integrated Waste Management Authority Council Member Luna announced that they will meet tomorrow. He stated that the Authority is going before the State in February to establish 1998 as a base year and to establish diversion on a regional-wide basis. If the State accepts, the County should be okay except for Paso Robles, who is not part of the Authority. He stated that February may be the last time for a quorum. Council Member Luna reported that worm bins provide 300 lbs. of credit to IWMA from the State. Mayor Pro Tem Arrambide asked if the Authority addressed the issue of waste increase with the loss of backyard burning. Council Member Luna replied that they are working on the issue currently, and he expects that our green waste program will need to expand. Air Pollution Control District Mayor Pro Tem Arrambide reported that they will meet on January 26,2000. He stated that there is a Public Hearing scheduled at the January 25, 2000, City Council meeting. CC O1/11/00 (` n r� Page 6 V L� �• ITEM NUMBER: A-1 DATE: 01/25/2000 SCA-3 Steering Committee Council Member Scalise stated that the survey will be conducted between January 20 and 25, 2000. F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Attorney_ Mr. Hanley announced the City Clerk received the initial papers for the SOAR Initiative for the City of Atascadero. He explained that he will now do the objective drafting of the title and summary for the proponents as required by law. Council Member Luna asked the City Clerk what options the Council has when presented with the SOAR Initiative. City Clerk Marcia McClure Torgerson responded that the Council can vote to approve the initiative as an ordinance without it going to an election, or the Council can approve it to go on the November 2000 ballot. Mayor Johnson asked if the Council could put the initiative on the ballot without signatures. Ms. Torgerson responded that the Council could put their own initiative on the ballot which would not require voters' signatures. City Clerk Ms. McClure Torgerson announced that the terms of Planning Commissioners Bill Zimmerman and David Bentz will expire in February 1, 2000. She stated that interviews will be held at the beginning of the next meeting. G. ADJOURNMENT: Mayor Johnson adjourned the meeting at 8:10 p.m. to the next Regular Session scheduled for January 25, 2000, at 7:00 p.m. METTING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk Melanie Whaley, Deputy City Clerk CC 01/11/00 L n pi Pagel Vl: �„ 3 � ITEM NUMBER: A-2 DATE: 01/25/2000 1-07-9 Atascadero City Council Staff Report— Community Development Department Acceptance of Final Parcel Map # 98006 /AT 98-103 9125 San Diego Road (Vaughan / Mehring) RECOMMENDATION: Staff recommends: 1. Council accept the Final Map#98006; and 2. Council accept a Public Utility Easement as shown on Attachment B. • DISCUSSION: Tentative Parcel Map #98006 was approved by the Planning Commission on November 3, 1998. The approval allowed for the division of a 9.98 acre lot into three parcels approximately 3.33 acres each. One of the parcels is developed with a single-family residence and the other two parcels will be developed in the future. Pursuant to California Government Code Section 66440 each approving legislative body must approve the Final Map and accept,accept subject to improvement or reject, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. A Public Utility Easement is being offered on Final Map #98006 to fulfill a Condition of Approval issued by the City. All other Conditions of Approval imposed by the Planning Commission have now been satisfied and the only remaining requirement is that the City Council accept the offer of dedication for the Public Utility Easement. FISCAL IMPACT: None ATTACHMENTS: Attachment A--Approved Tentative Parcel Map Attachment B —Public Utility Easement • Gn031 Attachment A Final Parcel Map 98006 (AT 98-103) Approved Tentative Map • 9125 San Diego Road Mehring /Vaughan Surveys �� r � a d �� • ir, 7r p t- r ''•' ,`t." r Iii : I r _ ,4i 11 jrj HIM_114 ••��� •.j i 9, r.l .11 ! 1 i 1 '' �.�II�'�r'Jig i�: • `.�r. /•I I'i 1�1��''t iI- v � i`stai�' _ ,' I / f Lll ':.:tet"'•`" ' ' G:OrO 0 3 2 Attachment B nary N1'„ °�1 ° mss U." �, - - Final Parcel Map 98006 (AT 98-103) - -\�� Public Utility Easement 9125 San Diego Road J n 3 t a N Mehring /Vaughan Surveys ("w m p D N Nq� Q j C1 1 'o t ` Q m/ lC1 ill UA _ I ' d� t nam 7j a ul W O Or U; �t Y FL J U Z:1 � W Ln 4 Q lli Q n �TwN - 79 Of••WLJ Q- g �l1 Jl—Q N m Lu (Wl. ttl -?� c wQ>� v a N ?NR' wK 3 W =<m w NQ 2 OQ N IL Q F- N LL w v O Q. IL_ 9 V N l-LgOISL O Q m Q g��N V m r W W�w1 v �UUl w O J O • J CL m � wL N I ;ai Q F ry9 ,�a Ln U. y N N N Qi m � Of v� ry �� m �N a, 7 • '^^ !L N VI �10L•ISL � [� �`-� M .Lc..bl.• 5 5IL Uj rz ^� O maZ NQ f1 Uly N a ri � � Q 4 U1 N J 1 0 ga gCL �� - ITEM NUMBER: B- 1 DATE: 01/25/2000 R 1918 C ® 1979 i �I.SCADE$p/ Atascadero City Council Staff Report - Fire Department Burning Regulations RECOMMENDATION: Staff recommends Council oppose the ban on backyard burning being considered by the Air Pollution Control District and begin an education program as outlined in this report to improve the use of the Green Waste Program. DISCUSSION: • The San Luis Obispo County Air Pollution Control District (APCD) is in the process of changing its burning rules (Rules 501 and 503), to significantly reduce backyard and developmental burning in those places where it still occurs in the county. The next APCD Board of Director's meeting to consider changes to Rules 501 and 503 is January 26, 2000. The ultimate goal is to protect public health, enhance visibility and improve air quality. Backyard burning is used in Atascadero to reduce fire hazard and eliminate green waste. The City's regulations do not permit hazard mitigation such as burning a grass field and are primarily targeted at beautification. However, there is a significant fire and green waste issue in Atascadero because of the urban forest and large lots. The monitoring devices used by APCD to determine burn day status are not appropriately located to make effective decisions for the Atascadero area. Currently, there are air quality monitoring stations at the City of Atascadero Fire Station-1, Black Mountain, and Sherwood Acres area, in Paso Robles. All three stations have the ability to monitor pollutant standards, but are not used directly in forecasting burn days. Because of this inefficiency, the Fire Department has been given the authority by APCD to determine appropriate burn days, based on local weather conditions. There is no documented connection between burn days and non-attainment days. The smoke from backyard burns does have a negative affect on the air but is not quantified. City staff does receive complaints from residents with medical problems when burning is heavy. • The green waste program operated by Atascadero Waste provides for every other week pick up. There is not a green waste drop off location. c0ru3 ITEM NUMBER: B- 1 DATE: 01/25/2000 Because of the unique issue facing Atascadero with the urban forest and high fire areas, Staff • recommends that the City of Atascadero enter into a Memorandum of Understanding (MOU), with APCD noting the following: A. The City continues to regulate burning in Atascadero and redirect the program from beautification to the prevention of fire hazards. Exceptions would include Fire Fighting Training, Disease or Pest Prevention, Agricultural Operations and Developmental. B. The City of Atascadero will determine compliance requirements. C. Review, analyze and improve the current green waste program and contract. Potentially make the green waste pick-up program weekly. Consider establishing and maintaining predetermined green waste drop off sites throughout the city. D. Prepare a public information/education program encouraging the use of the green waste program and appropriate burning. E. Provide community base training on composting or mulching and on-site recycling. FISCAL IMPACT: None at this time, special programs, enforcement or permits may have a fiscal impact. ALTERNATIVES: • 1. Take no action. 2. Change proposed plan. ATTACHMENTS: APCD Regulation V Waste Alternative - Green Waste Program • GC,L035 pc LV REGULATION V AM* BURNING PROVISIONS, LIMITATIONS AND PROHIBITIONS RULE 501. GENERAL BURNING PROVISIONS (Adopted 8/2/76; Revised 7/5/77, 1/10/89, and *,W., /2000) A. APPLICABILITY. The provisions of this Rule shall apply within the boundaries of San Luis Obispo County to any person who participates in non-agricultural open burning or developmental burning or who bums green waste material in an open outdoor fire. B. DEFINITIONS. For the purposes of this Rule, the following definitions shall apply: 1. "Backyard Burning": The burning of green waste material by occupants of one and two family dwellings. This type of buming is also known as dooryard or Green waste burning. 2. "Burn Barrel": Any equipment, article, machine, contrivance, structure or part of a structure, other than a multiple chamber incinerator, used to dispose of combustible material by burning. J. "Developmental Burning": The open burning of wood waste from trees, vines or bushes on property being developed for commercial or residential use. 4. "Green Waste Material": Any grass clippings, leaves, weeds, plant prunings, shrubbery, tree trimmings or branches, Christmas trees or clean yard waste. 5. "Household Rubbish": Any paper, paper products, food waste or trash normally accumulated by a family in the course of ordinary day-to-day living. 6. "No-Burn Day": Any day on which agricultural burning is prohibited by the California Air Resources Board (ARB) or the San Luis Obispo County Air Pollution Control District (District). The District may declare any permissive burn day designated by the ARB to be a no-burn day if necessary to maintain suitable air quality. 7. "Open Outdoor Fire": Any combustion of combustible material of any type outdoors, in the open, not in any enclosure, where the products of combustion are not directed through a flue. 8. "Permissive Burn Day": Any day on which the ARB or the District does not prohibit burning of agricultural wastes. 9. "Smoke Sensitive Sites": Schools, day care centers, parks, hospitals, nursing homes and other public or private health care facilities. San Luis Obispo County APCD 501-1 Proposed 1/26/2000 C0 036 10. "Urban Reserve Line (URL)": A boundary separating urban/suburban land uses and rural land uses. The urban reserve line defines growth areas around urban centers in which the county,or the county and affected city, will actively coordinate plans, policies and standards relating to building construction, subdivision development, land use and zoning regulations, street and highway construction, public utility systems, and other matters related to the orderly development of urban areas. 11. "Village Reserve Line (VRL)": A boundary which distinguishes developed areas from the surrounding rural countryside. Village reserve lines are established for: Black Lake, California Valley, Callender/Garrett, Creston, Garden Farms, Heritage Village, Los Berros, Los Ranchos/Edna, Oak Shores, Palo Mesa, Pozo, San Simeon Acres, Whitley Gardens and Woodlands. C. EXEMPTIONS 1. The following are exempt from Section D, General Requirements: a. A fire set by or permitted by a public officer, if such fire has been authorized in writing by the Air Pollution Control Officer(APCO) and is in the performance of the official duty of such public officer, and such fire, in the opinion of such public officer, is necessary for any of the following: 1) The prevention of a fire hazard which cannot be abated by any other reasonable means. 2) The instruction of public employees in the methods of fighting fires. 3) Disease or pest prevention, where there is an immediate need for and no reasonable alternative to burning. b. Fires permitted by the APCO on property used for industrial purposes for the purpose of instruction of employees in methods of fighting fire. C. Fires authorized for agricultural burning for disposal of agricultural waste, as defined in Rule 105, Subsection A.3, and pursuant to Rule 502. d. Fires permitted by the APCO related to the use of farm equipment in agricul'ural operations. e. Any other fire authorized in writing by the APCO for the performance of official duty of any public official, if such permission is given for the purpose of right-of-way clearing by a public entity or utility, levee, reservoir, and ditch maintenance, or the prevention of a fire hazard, which fire is, in the opinion of such official, necessary. Such authorization shall be predicated upon guidelines for meteorological data promulgated by the Air San Luis Obispo County APCD 501-2 Proposed 1/26/2000 G00G37 Resources Board of the State of California establishing the conditions of burning. f. Fires used only for cooking of food for human beings or for recreational purposes. Such fires shall not include the burning of petroleum wastes, tires, tar, tar paper, rubber or plastics or any other highly polluting materials. C7 Any fire if it can be demonstrated that nothing but carbon dioxide, nitrogen dioxide or water vapor is emitted under all operating conditions. h. Use of backfires to save life or valuable property pursuant to the Public Resources Code, Section 4426. i. The abatement of fires pursuant to Chapter 2, (commencing with Section 13055) of Part 1 of Division 12 of the Health and Safety Code. 2. Any person conducting backyard burning in the areas of the county that are not specifically defined in Subsection F.1 is exempt from the requirements of Subsection F.1. D. GENERAL REOUiREMENTS. No person shall ignite, cause to be ignited, permit to be ignited, or suffer, allow or maintain any open outdoor fire within the District unless otherwise specified in Section C, E or F, or Subsection G.3. E. DEVELOPMENTAL BURNING REQUIREMENTS. Effective (*30 days from the date of adoption), developmental burning shall be prohibited within San Luis Obispo County except as provided in Subsection E.1. 1. Developmental burning of tree stumps and other wood waste grown on the property may be allowed withprior APCO approval and a burn permit issued by the District, provided there are no technically feasible alternatives to burning as determined by a District inspection and review. F. GREEN WASTE BURNING REQUIREMENTS 1 The backyard burning of green waste material in an open outdoor fire by occupants of one or two family dwellings within the county shall be prohibited according to the following compliance schedule: Compliance Schedule a. Effective (*insert the date of adoption), backyard burning shall be prohibited within the Urban Reserve Lines for Baywood Park, Cayucos, Los Osos, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo, and within the Village Reserve Lines for Black Lake, Heritage Ranch, Los Ranchos/Edna, Oak Shores, and Woodlands. San Luis Obispo CountyAPCD 501-3 Proposed 1/26/2000 Cs0033 b. Effective May 1, 2000, backyard burning shall be prohibited within the Urban Reserve Lines for Arroyo Grande, Cambria, Grover Beach, Oceano, and Santa Margarita. C. Effective May 1, 2001, backyard burning shall be prohibited within the Urban Reserve Lines for Atascadero, Avila Beach, San Miguel, Shandon, and Templeton, and within the Village Reserve Lines for Creston, San Simeon Acres, and Whitley Gardens. 1) Prior to May 1, 2001, District staff shall return to the Air Pollution Control Board(Board) with a staff report detailing the effectiveness of alternatives to backyard burning in the areas designated in Subsection F.1.c. The Board shall conduct a duly noticed public hearing to consider the staff report and public testimony and determine whether the date specified in Subsection F.Lc should become effective or be extended. 2) Prior to May 1, 2001, a special burn permit issued by the Air Pollution Control District shall be required in order to bum within 1,000 feet of the outer boundary of a smoke sensitive site. I Effective (*Option 1:May 1, 2002, or Option 2:May 1, 2003,) backyard burning shall be prohibited within the Urban Reserve Lines for Nipomo, and within the Village Reserve Lines for Callendar/Garrett, Los Berros, and Palo Mesa. 1) Prior to (*insert date specified in Subsection F.1.d above), District staff shall return to the Board with a staff report detailing the effectiveness of alternatives to backyard burning in the areas designated in Subsection F.1.d. The Board shall conduct a duly noticed public hearing to consider the staff report and public testimony and determine whether the date specified in Subsection F.Ld should become effective or be extended. 2) Prior to (*insert date specified in Subsection F.1.d above), a special burn permit issued by the Air Pollution Control District shall be required in order to bum within 1,000 feet of the outer boundary of a smoke sensitive site. 2. Backyard burning is allowed in all other areas not specified in Subsection F.1 with the following restrictions: a. Open outdoor burning of green waste material other than grass clippings, piled leaves, or piled pine needles by occupants of one or two family dwellings shall be permitted in allowed or exempt areas at designated times throughout the year subject to strict control by fire protection agencies. The San Luis Obispo County APCD 501-4 Proposed 1/26/2000 GGGG39 green waste material to be burned must be dry as specified in Subsection F.2.e and must have originated on the property where the fire is located. b. No person shall conduct open outdoor burning on days designated as no- bum days by the ARB or the District. The ARB will declare each day as a permissive burn day or a no-burn day. The APCO may prohibit burning, even if it has already been declared as a permissive burn day, in order to avoid a significant degradation of the air quality. C. Effective (*insert the date of adoption), the burning of household rubbish. grass clippings, piled leaves, piled pine needles or products containing rubber, plastic, tar, creosote or hydrocarbons in an open outdoor fire is prohibited. d. On permissive burn days. buming may take place only between the hours of 10:00 a.m. and 4:00 p.m. e. Drying Times: Material should be dry and reasonably free of surface moisture. A minimum of three (3) weeks from the time of cutting will be required for prunings and small branches; six (6) weeks for trees and large branches. f. No burning shall be allowed if measurable rain has fallen within five (5) days immediately prior to the proposed burn. a Piles of shrubbery and tree runings shall be no larger than four 4 feet high �• ry P .. � ( ) .. and six (6) feet in diameter. h. Accelerants or flammable liquids shall not be used to start fires in burn piles. i. Burning piles shall be tended by a responsible adult at all times and a functioning water hose capable of extinguishing the fire shall be available at all times. j. Burn piles shall be located a minimum of fifty (50) feet from the property line of neighboring residences and a minimum of thirty (30) feet from any structure, including wooden fences, on the same property. k. At least Fifteen (15) feet of clearance to mineral soil shall be provided between burn piles and any vegetation or other combustible material, including but not limited to grass, weeds, trees, shrubs, and wood piles. 1. No person shall cause a nuisance by allowing smoke or flying ash produced while burning to impact neighboring residences and property. 3. The cost of putting out any fire in violation of the terms of this Rule may be imposed on the person responsible for setting and/or maintaining the fire. San Luis Obispo County APCD 501-5 Proposed 1/26/2000 GL! Cl G. BURN BARREL REQUIREMENTS 1. Effective (*insert the date of adoption), burning of green waste or products containing rubber, plastic, tar, creosote or hydrocarbons in burn barrels is prohibited. ?. Effective (*insert the date of adoption), burning in burn barrels is prohibited inside all areas defined by Urban Reserve Lines or Village Reserve Lines. 3. Effective (*insert the date of adoption), outside of the URLs and VRLs, burning in burn barrels shall be confined to the burning of household rubbish by occupants of one or two-family dwellings. Burn Barrels must have a permit issued by California Department of Forestry (CDF). San Luis Obispo County APCD 501-6 Proposed 1/26/2000 GCl0G4l RULE 503. INCINERATOR BURNING (Adopted 2/7/89; Revised *KVXV2000) A. No person shall burn any combustible refuse in any incinerator unless such burning is conducted in incinerators which satisfy the standards and limitations described in Section B below, or in equipment found by the Air Pollution Control Officer(APCO) in advance of such use to be equally effective for the purpose of air pollution control. B. 1. A person shall not discharge into the atmosphere from any equipment whatsoever, used to dispose of or to process combustible refuse, except as provided in Section A, contaminants in excess of the following limits, unless it is demonstrated to the satisfaction of the APCO, in advance of use, that an alternate set of emission limits will as adequately safeguard public health and welfare: a. Carcinogenic Air Contaminants in excess of the limits defined by District Rule 219, Toxics New Source Review. b. Carbon monoxide (CO): 100 ppmv. dry @ 71''o 02 C. HCI: 30 ppmv, dry @ 7% 02 d. Total suspended particulate (TSP): 0.03 Grains/SCF, dry @ 7% 02 e. Total hydrocarbons (THC), as methane: 70 ppmv. dry @ 7% 02 2. Except as provided in Section A. a person shall not use any equipment. used to dispose of or process combustible refuse by combustion, unless all gases. vapors. and gas entrained effluents from such an incinerator, article, machine, equipment. or other contrivance are incinerated in multiple-chamber incinerators with primary and secondary burners. at temperatures of not less than 1800°F for a period of not less than one (1) second. Alternate equipment or operating conditions may be utilized if the applicant can demonstrate to the satisfaction of the APCO that an alternate set of operating conditions or the alternate equipment will be as effective in destroying contaminants as a multiple chamber incinerator operating at 1800°F for one (1) second. C. The provisions of Section B shall not be construed as to exempt any incinerator. article. machine, equipment, or other contrivance from any other applicable district, state. or federal rules or regulations. D. A person shall not incinerate any hazardous waste (defined, listed, or determined in California Code of Regulations, Title 22, Chapter 30, Article 9 and Article 11) unless the person has submitted to the District all Information that is necessary to demonstrate that such incineration is controlled to a degree sufficient to safeguard public health. Such incineration shall only be conducted in accordance with Article 4, California Code of Regulations. E. COMPLIANCE SCHEDULE. Effective (*insert rule adoption date), all new and existing incinerators shall satisfy the requirements of this Rule. San Luis Obispo County APCD 503-1 Proposed 1/26/2000 C.0 4 �: Wil-Mar Disposal Company Green Waste Program Currently Wil-Mar Disposal Co.,picks-up green waste on their normal pick-up routes every-other week. For instance, if your trash removal/pick-up day is Tuesday, every- other Tuesday you can dispose of Green Waste. Green Waste cans must be no larger than 40 gals and have the Wil-Mar Green Waste sticker fixed to the can. .Green Waste Bags (Trash Bags)must be obtained from Wil-Mar. Bundled material must be packaged with organic twine and must not be larger than 12"X36". Acceptable Green Waste Quantity Packaging Leaves 6 Bundles or 40 gal Cans Twigs/Branches/Prunings 6 Bundles Mulch 6 40 gal Cans Vegetable Garden Remains 6 Bundles or 40 gal Cans Lawn Clippings 6 40 gal Cans 0 Note: Restrictions on type of material for Green Waste Program. Can not dispose of any of the following. 1. Poison Oak 2. Poison Ivy 3. Cactus (All Parts) 4. Yucca(Leaves and Stems) 5. Iris (bulbs and plants) 6. Palms (Trees, Trunks, Leaves and Stems 7. Ice Plant(All kinds and Type) 8. Processed Material 9. Non-organic Material OOU'O43 ITEM NUMBER: B-2 DATE: 01/25/2000 1918 r A 1878 ATA'scan�►// Atascadero City Council Staff Report - Community Development Department Subdivision Ordinance Update RECOMMENDATION: Planning Commission recommends Council introduce, for first reading by title only, the attached draft Ordinance adopting a comprehensive update of the City's Subdivision Ordinance. DISCUSSION: • Commission held a stud session on August 31 1999 to discuss Background: The Planning C y g , the update of the City's Subdivision Ordinance. The Planning Commission held a public hearing on December 7, 1999 and reviewed and commented on the draft Subdivision Ordinance and Subdivision Guidelines and Standards. On January 4, 2000 the Planning Commission adopted Resolution PC 1999-059, thereby recommending to the City Council the adoption of the Subdivision Ordinance and the adoption of the Notice of Exemption prepared for the project. Summary: The Subdivision Map Act (Map Act) requires each city to adopt a local ordinance regulating and controlling subdivisions for which the Map Act requires a tentative and final map or a parcel map. The Map Act sets forth certain mandates that must be followed for subdivision processing. A city's can only impose conditions on the subdivision process when the Map Act is silent and may not modify the provisions of the Map Act. The city's current ordinance is not fully consistent with the Map Act and needs to be updated to comply with state regulations. The Community Development Department is proposing a comprehensive update of the City's Subdivision Ordinance. The update will clarify the language of the existing ordinance, provide consistency with the Map Act, simplify the processing of subdivision applications and revise the format making the ordinance easier to read, reference, and understand. • Analysis: The Atascadero Subdivision Ordinance was adopted as Ordinance #163 on February 9, 1988 and was last updated by Ordinance #230 on August 27, 1991. Since 1991, GLL0s ` ITEM NUMBER: B-2 DATE: 01/25/2000 there have been several areas identified in the current ordinance that are inconsistent with the Map Act that should be incorporated into a revised local ordinance. The proposed Subdivision Ordinance update would: 1. Incorporate the Quimby Act, which would enable the City to require Parkland Dedications or the payment of in-lieu fees as part of the Subdivision process. 2. Identify the Planning Commission as the responsible body for accepting all Final Parcel Maps that do not require City Council acceptance. 3. Remove the procedural section (map submittal requirements) of the subdivision process from the Subdivision Ordinance and create a "Subdivision Guidelines and Standards Manual" to be periodically reviewed and updated by the Community Development Department and City Engineer. The current Subdivision Ordinance identifies the decision-making bodies for each type of application. Community Planning City Council Type of Profect Development Commission Department Tentative Tract Map X Tentative Parcel.,MaP ! X Final Tract Map X Final Parcel Mag O X Subdivision Exceptions X Condominium.Conversions X Reversion to Acreage X Lot Merger ,,.. . X Lot Line Adjustment X The only change in the new Subdivision Ordinance to the decision making process is in Chapter 4, Article 4. This section now identifies the Planning Commission as the authoritative body that accepts all final parcel maps that do not have a dedication of public easements. Any Map that has an offer of dedication requires City Council acceptance. Under the current Subdivision Ordinance, the Community Development Department accepts all Final Parcel Maps without dedications. Staff believes that the Planning Commission should accept these Final Parcel Maps so the Commission is aware of the maps that are being processed through the Community Development Department. C '(1,0it5 ITEM NUMBER: B-2 DATE: 01/25/2000 The Subdivision Map Act mandates the procedures in which a subdivision is processed, but leaves the application form and some specific requirements up to the discretion of the local ordinance. The current Subdivision Ordinance regulates the procedures and application form and requirements for all subdivisions processed through the City. The new Subdivision Ordinance would establish the policies and general process for processing a subdivision, consistent with the Map Act. The "Subdivision Guidelines and Standards Manual" would set forth the specific application form and requirements of the project application. The Community Development Director and the City Engineer would establish the form and requirements for subdivision applications. This option would allow staff to request information specific to each subdivision. A review of the guidelines would take place annually or as changes to the Map Act occur. Quimby Act: The Map Act allows a city, by ordinance, to require the dedication of land or impose a requirement of the payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approval of a tentative map or parcel map. (Quimby Act, Government Code Section 66477.) The current Subdivision Ordinance has not been updated to incorporate the Quimby Act. The proposed Ordinance requires the dedication of 5.0 acres of parkland or community recreation facilities per 1000 people in a subdivision, which is consistent with the State law. Staff will calculate the dedication requirement for a project prior to the Planning Commission hearing. Projects involving less than 50 parcels have the option to either dedicate land or pay a fee in lieu of dedication. In lieu fees will be based on the fair market value of the land. These fees could be used to either acquire parkland or improve existing parklands. Environmental Review: Staff has determined the proposed Subdivision Ordinance Update is exempt from environmental review. Section 15061(b)(3) of the CEQA Guidelines states that a project is exempt from CEQA under the General Rule Exemption when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed Subdivision Ordinance update will not have a significant effect on the environment because it is in substantial compliance with the existing ordinance, and the only changes to the original document are policy and format changes. The adopting ordinance includes the necessary findings for this determination. FISCAL IMPACT: None ALTERNATIVES: 1. Refer the Subdivision Ordinance back to staff for additional review. Staff will incorporate the comments made by the Council into a revised Subdivision Ordinance, which could be presented to the Council at a future meeting. ITEM NUMBER: B-2 DATE: 01/25/2000 ATTACHMENTS Attachment A: Planning Commission Minutes and Resolution Attachment B: Proposed Subdivision Guidelines and Standards Manual Attachment C: Draft Ordinance GL01'0.17 ATTACHMENT A Subdivision Ordinance Update Planning Commission Minutes and Resolution Planning Commission Meeting—December 7, 1999 Page 2 of 4 PUBLIC HEARINGS 3. SUBDIVISION ORDINANCE UPDATE City initiated Comprehensive Update of the City's Subdivision Ordinance to comply with the State Subdivision Map Act. ENVIRONMENTAL DETERMINATION: Statutory Exemption 15061(b)(3) general rule exemption pertaining to projects that can be seen with certainty not to have the potential for environmental impacts. Staff Recommendation: Adopt Resolution IV& PC 1999-059, thereby recommending that the City Council approve the text changes to the Subdivision Ordinance as mandated by the State to comply with the State Subdivision ivap Act Warren Frace, Planning Services Manager, presented the staff report and offered to answer questions presented by the Commission and general public. COMMISSION COMMENTS: Chairman Carden asked that the Commission review and comment on the document in order by chapter and article. Section G15.01 second paragraph Tentative tract maps shall . . . . G15.03 AdditionalT- Requirements trr for Vesting Tentative Maps G16.02 T. —Commissioner Fonzi asked if this was an appropriate place to mention assessment district boundaries. Warren Frace responded that staff will review this with the City Engineer to see if that type of information can be correctly described on a tentative map. 1.10—Second sentence—Such appeal shall be in the form and manner as described in Section 9.1.111 his( �of the Citv's Z-oning Ordinance. 4.12—Extension of Time to Act - Any of the time limits for acting on tentative maps specified in these regulations may be extended by mutual consent of the subdivider and Community Develonment Department staff awl-or the Planning Commission. To do so, the subdivider must expressly waive, in writing or in the record at a public hearing, his right to have the map considered within elestdie time limits set forth in the Permit Streamlinin,ACE. 5.02 F-The Director's action may be appealed as provided in Chapter 1.4410. 6.23 —Lots with a ratio of depth to width greater than 3:1 shall not be permitted unless thereis eep lot subdivisions and subsequent development will be accomplished without detriment to adjacent properties. UUUUU2 G0004 Planning Commission Meeting—December 7, 1999 Page 3 of 4 6.25 A. 3. The accessway to the rear shall be at least twenty feet wide (developed to City standards) for residential zones, except where the accessway is more than one hundred fifty feet long, it shall be a least twenty-four feet wide with twenty feet of pavement, unless otherwise approved by the City's Pife '14afskaiPlanning, Commission. For all other zones, the accessway shall be at least thirty feet wide with a paved roadway at least twenty-four feet wide. ' Commissioner Clark prompted a discussion regarding the need to define streets not maintained by the City. He asked that somewhere in the Subdivision Ordinance it is clearly defined that some streets are not maintained by the City. Staff' responded that different types of streets should be defined, i.e., Colony Street, private street,etc. in the definition section. 6.33 Street Names — Streets which are continuations of streets shall have the same names. Streets which are not continuations or which have significantly changed alignments shall have names which do not duplicate or closely resemble any other street names. Names for proposed streets shall be submitted on the tentative map for approval by the City and shall be of Spanish origin or.hall honor a non-liviiiu indi'iCivai ofhisroric significance to the community. Paul Saldana, Community Development Director, recommended that the term Fire Marshall be globally replaced with the term Fire Department, remaining consistent with the Building Code and Zoning Ordinance. PUBLIC TESTIMONY: John McGof- 9192 Maple, questioned as to who and how the guidelines are amended, the Permit Streamlining Act and fee changes. Chairman Carden responded that the guidelines may be modified by staff so long as the modifications meet requirements of the Ordinance. Paul Saldana added that modifications would be developed by the Community Development Department and the City Engineer. PUBLIC HEARING CLOSED: ACTION: Moved by Commissioner Bentz and seconded by Commissioner Fonzi to refer the Subdivision Ordinance back to staff for changes agreed upon by staff and the Commission and place the amended document on the regularly scheduled Planning Commission Consent Calendar for January 4,2000 at 7:00 p.m.in the Council Chambers. AYES: Commissioner, Bentz, Carden, Clark, Eddings, Fonzi, and Zimmerman (6) NOES: None (0) ABSENT: Commissioner Jeanes (1) ABSTAINED: None (0) CLn CONSENT CALENDAR Commissioner Fonzi asked to pull item number 2 (Subdivision Ordinance) from the Consent Calendar for discussion. 1. Approval of minutes of the regular Planning Commission meetings of December 7, 1999. ACTION: Moved by Commissioner Bentz and seconded by Commissioner Clark to approve the minutes of the regular Planning Commission meeting December 7,1999 as submitted. AYES: Commissioners Bentz,Clark,Eddings,Fonzi,and Jeanes (4) NOES: None (0) ABSENT: Commissioners Carden,Jeanes and Zimmerman (3) ABSTAINED: None (0) MOTION PASSED: 4-0 2. Approval of Resolution PC 1999-059, thereby recommending that the City Council approve the text changes to the Subdivision Ordinance as submitted to comply with the State Subdivision Map Act. The Planning Commission directed staff to bring f nal text amendments for final approval on consent. OUi.100 Planning Commission Meeting—January 4,2000 Page 2 of 5 Commissioner Fonzi asked for further clarification of the issue regarding the change in terminology from "Fire Marshal" to "Fire Department". Staff responded that the terminology was changed so as not to reflect a specific person or position,but rather the department. Commissioner Clark inquired regarding the definition of streets and roads. Staff responded that the City Council directed staff to develop policies relating to roads. Staff remarked that after consulting with the City Attorney, it was determined to define street/roads in the policy document rather than the Subdivision Ordinance. ACTION: Moved by Commissioner Fonzi and seconded by Commissioner Eddings to Adopt Resolution PC 1999-059, thereby recommending that the City Council approve the text changes to the Subdivision Ordinance as submitted to comply with the State Subdivision Map Act AYES: Commissioners Bentz,Clark,Eddings,and Fonzi (4) NOES: None (0) ABSENT: Commissioners Carden,Jeanes and Zimmerman (3) ABSTAINED: None (0) MOTION PASSED: 4-0 RESOLUTION NO. PC 1999-059 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING ADOPTION OF A DRAFT SUBDIVISION ORDINANCE TO THE CITY COUNCIL WHEREAS, the Subdivision Ordinance of the City of Atascadero requires amendments to comply with the State Subdivision Map Act; and WHEREAS, the Community Development staff recommends a Comprehensive Update of the City's Subdivision Ordinance; and WHEREAS, the proposed Subdivision Ordinance is in conformance with the Land Use Element of the General Plan; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Draft Subdivision Ordinance on December 7, 1999 at 7:00 p.m. and considered testimony and reports from staff and the public; and WHEREAS, the Planning Commission continued the item to the consent calendar of the January 4, 2000 meeting to allow staff to incorporate the comments made by the Planning Commission; NOW, THEREFORE, the Planning Commission of the City of Atascadero makes the following findings: 1. The proposed Subdivision Ordinance contained in Exhibit A is exempt from environmental review under a Statutory Exemption per Section 15061(b)(3) of the California Environmental Quality Act Guidelines. 2. The proposed Subdivision Ordinance is consistent with the General Plan of the City of Atascadero. 3. The proposed Subdivision Ordinance will not negatively affect the health, safety, or welfare of the general public. BE IT FURTHER RESOLVED, that the Planning Commission of the City of Atascadero does hereby recommend the proposed Subdivision Ordinance, as shown in Exhibit A be reviewed and adopted by the Council of the City of Atascadero. G -► 10051 Planning Commission Resolution 1999-059 Subdivision Ordinance Update Page 2 On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Alfred Clark, Vice Planning Commission Chair ATTEST: Paul M. Saldana, Director Community Development Department 0L L. 051 ATTACHMENT B Subdivision Ordinance Update Subdivision Guidelines and Standards Manual SUBDIVISION GUIDELINES AND STANDARDS MANUAL Guidelines Chapter 14 Subdivision application submittal guidelines and standards. G.14.01 General These guidelines and standards are designed to assist applicants in implementing the policies contained in the City's Subdivision Ordinance, Title II of the Atascadero Municipal Code. These guidelines and standards are in addition to the policies contained in the Code and other General Plan and Zoning policies and regulations. Other informational brochures distributed by the Community Development Department are part of these guidelines and incorporated herein by this reference. G.14.02 Application Requirements All applications submitted pursuant to this Title shall be in a form and provide as many copies of maps and other supplementary material, as required or requested, by the Community Development Director. Such maps and material shall be in the form as established herein or as otherwise may be required by the Community Development Director 0i' V53 SUBDIVISION GUILDELINES AND STANDARDS MANUAL Guidelines Chapter 15 Requirements for Tentative and Vesting Tentative Maps G.15.01 Preparation and Form of Tentative Map The tentative map shall be clearly and legibly drawn to an engineer's scale of not less than one inch equals one hundred feet unless otherwise approved by the Community Development Director. If necessary to provide the proper scale, more than one sheet may be used, but the relation of the several sheets shall be clearly shown on each. Each sheet shall be no larger than twenty- four inches by thirty-six inches. Sheets no larger than thirty-six inches by forty-two inches may be submitted with the prior approval of the Community Development Director. Tentative tract maps shall be prepared by or under the supervision of a registered civil engineer, licensed land surveyor or architect. Tentative parcel maps need not be prepared by or under the supervision of a registered civil engineer, licensed land surveyor or architect. G.15.02 Information on Tentative Map The tentative map shall contain the following information, in addition to any other information which may be required by the Subdivision Map Act: A. The map number, name if any, date of preparation, north point, scale, and if based on a survey, the date and official record of the survey, B. Name and address of the person or entity which prepared the map and the applicable registration or license number and expiration date thereof, C. Names and addresses of the subdivider and all parties having a record title interest in the property being subdivided; D. The boundaries of the subdivision, defined by legal description, with sufficient information to locate the property and to determine its position with respect to adjacent named or numbered subdivisions, if any; 0 1" U 5 E. Topographic information with a reference to the source of the information. Contour lines shall have the following intervals: 1. 10 acres or larger.• 10'intervals 2. smaller than 10 acres: a) 0-12% slope: 2'intervals b) >12% slope: 5'intervals 3. Contours of adjacent land shall also be shown whenever the surface features of such land affect the design or development of the proposed subdivision; F. The approximate location and general description of any native deciduous trees two inches (2') dbh (diameter at breast height) or greater and any native non-decidous trees of four inches (4') dbh (diameter at breast height) or greater- or the general canopy cover of clusters of trees - with notations as to their proposed retention or destruction; notations as to general type of vegetation in areas not occupied by trees; G. The location and outline to scale of all structures which are to be retained within the subdivision and all structures outside the subdivision and within ten feet of the boundary lines; the distances between structures to be retained, and existing or proposed street and lot lines; notations concerning all structures which are to be removed, H. The locations, widths and purposes of all existing and proposed easements for utilities, drainage and other public purposes shown by dashed lines, within and adjacent to the subdivision (including proposed building setback lines, if known); all existing and proposed utilities including size of water lines and size and grade of sewer lines, locations of manholes, fire hydrants, street trees and street lights; 1. The location, width and directions of flow of all water courses and flood-control areas within and adjacent to the property involved, the proposed method of providing storm water drainage and erosion control, J. The location of all potentially dangerous areas, including areas subject to inundation, landslide, or settlement, or excessive noise, and the means of mitigating the hazards (as M identified in the Safety and Noise Elements of the General Plan); CLi010LJ K. The locations, widths and names or designations of all proposed streets within the subdivision and any existing access streets, including streets adjacent to the subdivision that are used for access, alleys, paths and other rights-of- way, whether public or private; private easements within and adjacent to the subdivision; the radius of each centerline curve; a cross section of each street, any planned line for street widening or for any other public project in and adjacent to the subdivision;private streets shall be clearly indicated. L. The lines and approximate dimensions of all lots, and the number assigned to each lot; the total number of lots; the approximate areas of the average lot, lots shall be numbered consecutively; M. The boundaries, acreage and use of existing and proposed public areas in and adjacent to the subdivision. If land is to be offered for dedication for park or recreation purposes or for purpose of providing public access to any public waterway, river or stream, it shall be so designated, N. Any exception being requested in accordance with the requirements of Chapter 9 (Subdivision Exceptions) of the Atascadero Subdivision Ordinance shall be clearly labeled and identified as to nature and purpose; O. The location of all railroad rights-of-way and grade crossings; P. The locations of any existing or abandoned wells, septic leaching fields, springs, water impoundments and similar features to the extent they affect the proposed use of the property; Q. When it is known that separate final maps are to be filed on portions of the property shown on the tentative map, the subdivision boundaries which will appear on the final maps and the sequence in which the final maps will be filed, R. Maps for condominium projects shall indicate the address of the property and the number, size and location of proposed dwelling units, parking spaces and private or public open spaces. For all condominium projects, the floor area of each floor shall be shown in proper scale and location together with the plan view of each ownership unit. CCIf.],O56 iS. The location of proposed access drives, building sites, and septic system leach fields shall be shown for any proposed lot having an average cross slope of 10% or greater. T. Any City boundary, including assessment districts, crossing or adjoining the subdivision shall be shown on the tentative map. G.15.03 Additional Requirements for Vesting Tentative Maps A. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map". B. At the time a vesting tentative map is filed, a subdivider shall also supply the following information: 1. Site plans for each lot or parcel indicating proposed locations for all improvements (e.g., utilities, structures, septic systems, driveways, etc.); 2. Preliminary floor plans for all structural uses; 3. Architectural elevations of all structures identifying all exterior finish and roofing materials; 4. Septic system design details including design of a replacement leach field located in the 100% expansion area; 5. Detailed grading plans for each lot or parcel, 6. Road improvement plans for all adjacent and interior roads; and 7. For other than single family residential projects, landscaping plans for each lot or parcel. G.15.04 Other material to accompany tentative map The following supplementary material shall be filed with the tentative map: A. A vicinity map of appropriate scale and showing sufficient adjoining territory to clearly indicate surrounding streets, C.010 5 7 other land in the subdivider's ownership, and other features which have a bearing on the proposed subdivision; B. A statement of existing and proposed zoning and land use; C. A statement of proposed improvements and landscape modifications, including the estimated time of completion in relation to the subdivision of the property, D. A description of proposed public or commonly held areas and draft open space easement or tree conservation easement agreements, if applicable; E. Draft covenants, conditions and restrictions if they are integral to the development concept or proposed atypical requirements; F. A description of requested exceptions from the subdivision design standards for such items as dimensions, street sections or utility easements; G. Proposed building setbacks and yards if different from those in the zoning regulations; H. If required by the City Engineer, a preliminary grading plan; 1. An engineering geology report, prepared by a register geologist, may be required in areas of moderate, high and very high landslide risks, and in areas of high and high + liquefaction potential and subsidence potential as noted in the general plan, seismic safety element. The engineering geology report shall include definite statements, conclusions and recommendations concerning the following, as applicable: 1. Location of major geologic features; 2. Topography and drainage in the subject areas; 3. Distribution and general nature of rock and soils; 4. A reasonable evaluation and prediction of the performance of any proposed cut or fill in relation to geologic conditions; C.00v`8 5. An evaluation of existing and anticipated surface and subsurface water in relation to proposed development, 6. Recommendations concerning future detailed subsurface sampling and testing that may be required prior to building; 7. Capability of soils and substrata to support structures; J. A soils engineering report, prepared by a civil engineer registered in the state and based upon adequate test borings, may be required for every subdivision. The City Engineer may determine that, due to existing information available on the soils of the subdivision, no analysis is necessary. If the soils engineering report indicates soil problems which, if not corrected, could lead to structural defects, a soils investigation of each lot in the subdivision may be required. The soils engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, when necessary, and opinions and recommendations covering adequacy of sites for development; (A subdivision where soil or geologic problems exist may be approved if the City determines recommended corrective measures are sufficient to prevent damage to structures or public improvements within or adjacent to the area to be subdivided. Recommended corrective measures may be required as conditions of improvement plans and building permits.) K. In potential noise problem areas identified in the noise element of the general plan, specific site analysis by an acoustical engineer or other approved professional with qualifications in acoustic design may be required by the Community Development Director. Such study shall define the noise exposure problems, conclusions and recommendations for corrective or mitigating measures, when necessary, and opinions and recommendations covering the suitability of the site for development, L. Preliminary title report (current within six months); Gt005 M. An authorization consenting to the proposed subdivision signed by all parties having a fee title interest in the property to be subdivided; N. In areas where septic systems will be utilized for waste dis- posal, a percolation test for each lot. O. Any other information which the City Engineer or Community Development Director determines is necessary for full evaluation of the proposed subdivision. SUBDIVISION GUIDELINES AND STANDARDS MANUAL Guidelines Chapter 16 Preparation, Form and Requirements for Final Maps and Parcel Maps G.16.01 General Preparation Requirements Final maps shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based on survey, and shall substantially conform to the approved or conditionally approved tentative map. They shall be prepared in accordance with the Subdivision Map Act and the provisions set forth in the Subdivision Guidelines and Standards Manual. G.16.02 Form and Contents A. The final map shall be legibly drawn, printed or reproduced by a process assuring a permanent record in black on polyester base film. All lines, letters, figures, statements, affidavits and acknowledgments shall be legibly stamped or printed upon the map with waterproof, black, opaque ink. The ink surface shall be in such condition when filed so that legible prints may be made from it. Minimum text size shall be 0.08" for machine lettered text and 0.125" for hand lettered text. B. Each sheet of the final map shall be eighteen inches by twenty-six inches, with a marginal line drawn on all sides, leaving a one-inch blank margin. The map shall be to a minimum scale of one inch equals one hundred feet unless otherwise approved by the City Engineer. C. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. A map containing more than three (3) sheets shall have a key map. D. Each sheet of the final map shall state the number and name, if any, of the tract, a brief description of the real property being subdivided, the scale and north point. CC-1 112v61 E. The map shall show all survey data necessary to locate all monuments and to locate or retrace all interior and exterior boundary lines, lot lines, and block lines appearing on the final map, including bearings and distances, to the nearest one-hundredth foot, of straight lines, and radii, arc length and central angles, and such information as may be necessary to determine the location of the centers of curves, including radial bearings for all compound and reverse curves, and ties to existing monuments used to establish subdivision boundaries. Any nontangent curve shall have a bearing on the radial. Each required bearing and length shall be shown in full, no ditto marks or other designation of repetition shall be used. F. The final map shall show monuments found or set in the manner described in subsection E of this section. Set monuments shall be shown open; found monuments shall be shown as a solid (filled). If monument setting has been deferred, the map shall note which monuments are in place and which are to be set noting a specific date. Securities shall be posted with the City Engineer, prior to the acceptance of the public improvements, insuring the monuments will be set. G. The final map shall show the definite location of the subdivision, particularly in relation to surrounding surveys. H. Lots shall be numbered consecutively beginning with the numeral "I" and continuing without omission or duplication throughout the entire subdivision. Each lot shall be shown entirely on one sheet. I. Blocks shall be designated by number or letter. J. The area of each lot containing one acre or more shall be shown to the nearest one-hundredth acre; the area of each lot containing less than one acre shall be shown to the nearest square foot. K. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The tract boundary shall be based on recorded data on file at the office of the County Recorder and must be re-established by methods commonly accepted in the field of surveying and in accordance with state law. The LC00632 method of survey and basis of bearing shall be clearly indicated on the final map. L. The centerline or side lines of each easement to which the lots in the subdivision are subject shall be shown upon the final map. If such easement cannot be definitely located from the records, a statement showing the existence of such easement shall be placed on the final map and the approximate location shall be shown. All easements shall be designated on the final map by fine dashed lines. Distances and bearings on the side lines of lots which are cut by easements shall be so arrowed or shown that the final map will indicate clearly the actual length and bearing of each lot line. The width of such easement or the lengths and bearings of the side lines and sufficient ties thereto to locate it definitely with respect to the subdivision shall be shown. Each easement shall be clearly labeled, identified and marked as to nature and purpose, and if already of record, its record reference shall be shown; if not of record, a statement of such easement shall be placed on the final map. If such easement is being dedicated by the final map, it shall be properly set out in the Owner's Statement and dedication on the title sheet of the map. M. Each street, or other public way or public utility right-of-way within the boundaries of the subdivision shall be shown on the final map. The centerline and width of each street shall be shown, and, in the case of a proposed street or way, the width of that portion to be dedicated, if any, shall also be shown. On each centerline, the bearing and length of each tangent and radius, central angle and length of each curve shall be indicated. N. In the event the City Engineer, State Highway Engineer, or County Engineer shall have established the centerline of any street in or adjoining the subdivision, such centerline shall be shown and the monuments which determine its position indicated with reference to a field book or map showing such centerline. If such position is determined by ties, that fact shall also be indicated on the map. O. The location, width and extent of future streets and alleys shall be shown on the final map and shall be offered for dedication as public streets by a dedicatory clause conforming to the requirements of the Subdivision Map Act. Civ P. Any street or way which is intended to be kept physically closed to public travel or posted as a private street at all times may be shown as a private street. Sufficient data shall be shown on each private street to define its boundaries and to show clearly the portion of each lot within such street. In order to provide for utility service to individual lots, such streets may be offered and accepted as public utility easements. Q. The names and types of all streets and highways within and/or adjacent to the subdivision shall be shown on the final map, spelled out in full and including suffixes such as "road", "street"; "avenue'; `place'; "court"or other designation. R. All watercourses, storm drains and areas subject to inundation during a one-hundred-year storm shall be outlined and marked on a separate document and be filed or recorded simultaneously with the final map and shall be covered by easements for access and maintenance. Elevations of floodwater based on City datum shall be noted on the separate document. All other natural watercourses or bodies of water shall also be delineated. The City Engineer may require that a benchmark monument or monuments be set and shown on the final map. S. All areas shown on the final map which do not constitute a part of the subdivision shall be labeled "not a part" or "N.A.P." All lines delineating those areas shall be dashed. T. Any City boundary, including assessment districts, crossing or adjoining the subdivision shall be shown on the final map. U. The total acreage within the subdivision shall be stated on the final map. V. If the map includes a "designated remainder"parcel, and the gross area of the "designated remainder" parcel or similar parcel is five acres or more, that remainder parcel need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel. A parcel designated as "not a part" shall be deemed to be a "designated remainder" for purposes of this section. If so designated, such remainder parcel shall be treated as set out in Section 66424.6 of the California Subdivision Map Act and C �064 must meet the minimum requirements of the City Zoning Ordinance. G.96,03 Title sheet of final map The title sheet of each final map shall contain: A. A title consisting of the number and name of the tract, if any, and the words "in the City of Atascadero", 8. A description of all of the real property being subdivided, referring to such map(s) as have been previously recorded or filed with the County Recorder pursuant to a final judgment in any action in partition. When necessary for greater clarity or definiteness, supplemental reference may be made to any other map on file in the office of the County Recorder. Each reference to any tract or subdivision shall be so noted as to be a unique description and must show a complete reference to the book and page records of the county, C. A statement signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map, subject to the exceptions and under the conditions set out in Section 66436 of the California Government Code. D. In the case of final maps filed for reverting subdivided land to acreage, the title sheet shall carry a subtitle consisting of the words "a reversion to acreage of(description as required)'; E. In case of dedication or offer of dedication, a statement signed and acknowledged by those parties having any record title interest in the real property subdivided subject to Section 66436 of the Subdivision Map Act, offering certain parcels of real property for dedication for certain specified public use, subject to such reservations as may be contained in any such offer, as required by the Subdivision Map Act. If the offer includes dedication for street or highway purposes, and the Planning Commission has so required, the statement shall include a waiver of direct access rights from any property shown on the final map as abutting on the street or highway; If any street shown on the final map is not offered for dedication, the map certificate shall contain a statement to that effect. If such a statement appears on a map approved by the Council, public use of such street shall be permissive C-1 n 0 r only but shall include use by emergency vehicles. Map statements shall state the extent to which any street not offered for dedication is offered as a public utility easement. An offer of dedication for utility or street purposes shall be deemed not to include any public facilities located within the area being dedicated unless, and only to the extent, the intent to dedicate such facilities is expressly stated in the statement; G. Certificates and statements for execution as specified by the City Engineer and as required by the State Subdivision Map Act. H. When a soils or geological report has been prepared, this fact shall be noted, together with the date of the report and the name and address of the soils engineer or geologist making the report and the name and address of the person making the report, in a note on the Certificate Sheet. The note shall also indicate any soil problems that exist. The City shall keep those reports on file for public inspection in the Community Development Department. G.16.04 Statements Documents and Other Data to Accompany Final P Y Map A. If any part of an area to be subdivided, lot or parcel, is subject to flood hazard, inundation, or geological hazard, it shall be clearly shown on a separate document to be filed or recorded simultaneously with the final map. Benchmark location shall be shown on the final map if required by the City Engineer. B. A nonrefundable filing fee in the amount prescribed by resolution of the Council shall accompany the final map. C. /f a noise analysis has been prepared, as provided in these regulations, this fact together with the date of the report shall be noted on a separate document to be filed or recorded simultaneously with the final map. The City shall keep these reports on file for public inspection in the Community Development Department. D. A copy of the required covenants, conditions and restrictions shall be submitted with the final map. Cnnr) E. Copies of reference maps, deeds, traverses of the boundaries and of the lots being created, a methods and reasoning statement, an updated title report (less than 90 days old) and whatever other information is required by the City Engineer to verify the accuracy of the survey. F. If all required improvements have not been accepted by the City prior to filing of the final map, an agreement and bond, as provided by these regulations, shall be submitted. G. No final map shall be accepted by the City Engineer unless it is accompanied by a certification of the county tax collector that there are no liens for unpaid state, county, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable, against any of the land to be subdivided. H. No final map shall be accepted unless it is accompanied by a preliminary subdivision guarantee issued by a title company authorized by the laws of the state to write such insurance, showing the names of all persons having any record title interest in the land to be subdivided and the nature of their respective interest. The preliminary subdivision guarantee shall be less than twenty(20) days old. G.16.05 Separated Property When property is separated or divided by any parcel of land other than a public right-of-way and when the property is not contiguous (exclusive of such rights-of-way), each portion of the property so separated or divided shall be divided as a separate parcel and shall be shown on a separate map. G.16.06 Parcel Maps - Preparation Parcel maps shall be prepared by or under the direction of Licensed Land Surveyor or Registered Civil Engineer, shall substantially conform to the approved or conditionally approved tentative parcel map, shall be prepared in the manner required by the Subdivision Map Act and with the following exceptions, shall comply with the requirements of the Subdivision Guidelines and Design Manual. A. The statement dedicating or offering dedication may be combined with the owner's statement, C., B. There shall be a statement for execution by the Secretary of the Planning Commission instead of that of the City Clerk certifying to the information of the sort contained in those statements; C. The parcel map shall be based upon a field survey made in conformity with the Land Surveyor's Act. GtL068 ATTACHMENT C Subdivision Ordinance Update Draft Ordinance DRAFT ORDINANCE AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO ADOPTING A COMPREHENSIVE UPDATE OF THE CITY'S SUBDIVISION ORDINANCE (ZC 99012, Subdivision Ordinance) THE COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA DOES HEREBY FIND AND ORDAIN AS FOLLOWS:. Section 1. Chapters 1 through 17 of Title 11 of the Municipal Code inclusive, are hereby repealed in their entirety. Section 2. Title 11 of the Municipal Code is hereby amended as shown on Exhibit A attached hereto and made a part thereof. Section 3. This Ordinance is enacted pursuant to and in compliance with Government Code 66411. Section 4. The Council does hereby make the following findings: 1. The proposed Ordinance as shown in Exhibit A is exempt from environmental review under a General Rule Exemption per Section 15061, (b)(3) of the CEQA Guidelines. 2. The proposed Ordinance is consistent with the General Plan of the City of Atascadero. 3. The proposed Ordinance is consistent with the State Subdivision Map Act. 4. The proposed Ordinance provides for proper grading and erosion control of property to prevent off-site property damage and sedimentation. 5. The standards in the proposed Ordinance are not more restrictive than those required by the State Subdivision Map Act. 6. The proposed Ordinance will not adversely effect the housing needs of the region, nor will it impose criteria for or improvements for a subdivision with the purpose of rendering infeasible the development of housing for any and all economic segments of the community. 7. The proposed Ordinance does not impose standards and criteria for public improvements which exceeds the standards and criteria being applied to by the City at this time to its publicly financed improvements. Section 5. The Mayor is authorized to execute this Ordinance on behalf of the City and the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. Section 6. This Ordinance shall be effective at 12:01 a.m. on the 315`day after its final passage. C. 0 9 Draft Ordinance Zone Change 99012 Page 2 PASSED AND ADOPTED this day of , 2000. Ray Johnson Mayor ATTEST: Marcia M. Torgerson City Clerk APPROVED AS TO FORM: Roy A. Hanley City Attorney APPROVED AS TO CONTENT: Paul M. Saldana Community Development Director C.LLl: t EXHIBIT A Draft Ordinance Subdivision Ordinance TITLE 11 ATASCADERO MUNICIPAL CODE SUBDIVISIONS Chapters: 1 General Provisions 2 Definitions 3 General Requirements for Maps 4 Maps 5 Lot Line Adjustment 6 Subdivision Design 7 Dedications 8 Subdivision Improvement Requirements 9 Subdivision Exceptions 10 Reversion to Acreage 11 Lot Merger 12 Condominium Conversions 13 Enforcement G� 071 TITLE 11 Chapter 1 GENERAL PROVISIONS 1.01 Title 1.02 Purpose 1.03 Adoption Authority - Conformance With Other Regulations 1.04 Interpretation and Application 1.05 Conflict With Public Provisions 1.06 Conflict With Private Provisions 1.07 Actions By Persons With Interest 1.08 Severability 1.09 Fees 1.10 Appeals 1.01 Title This title shall be known and cited as the "Atascadero Subdivision Ordinance." 1.02 Purpose The regulations codified in this title are adopted for the following purposes: A. For the purpose of promoting the public health, safety, convenience and general welfare; the design, improvement and survey data of subdivisions; and the form and content of tentative, parcel and final maps thereof; and the procedure to be followed in securing official approval thereof shall be governed by the provisions of the Subdivision Map Act, Section 66410 to 66499.58 of the Government Code of the State of California, Title 7, Planning and Land Use, and by the additional provisions of this title, and shall comply with the provisions of the City General Plan and Title 9 , Zoning. B. Further, it is the purpose of this title to encourage, where appropriate, new concepts and innovations in the arrangement of building sites within subdivisions. Deviations from the traditional mechanical approach to the subdivision of land are encouraged in order to facilitate the ultimate development of the land in a manner that will be commensurate with environmental preservation and technological progress. 2 GL 0072 1.03 Adoption authority - Conformance with other regulations A. These regulations are adopted pursuant to the Subdivision Map Act, Section 66410 to 66499.58 of the Government Code of the State of California, as a "local ordinance" as that term is used in that act, and to supplement the provisions of that act. All provisions of the Subdivision Map Act and future amendments thereto not incorporated in these regulations shall apply to all subdivisions, subdivision maps and proceedings under these regulations. B. Nothing in this section shall be read to limit the rights of the City to enact additional provisions concerning the division of land as are deemed necessary to protect the public health, safety and general welfare. C. Approval or conditional approval of a subdivision map shall not excuse compliance with other applicable provisions of this code or other applicable ordinances, rules, regulations and policies adopted by the City. 1.04 Interpretation and Application In their interpretation and application, these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. 1.05 Conflict With Public Provisions These regulations are not intended to annul any other law or regulation. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other regulation or law, whichever provisions are more restrictive or impose higher standards shall control. 1.06 Conflict With Private Provisions These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction; provided, that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easements, covenants, the requirements of these regulations shall govern. When the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations or the determinations of the Planning Commission in approving a subdivision or in enforcing these regulations, and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative 3 CC! �, rd73 and supplemental to these regulations and determinations made thereunder. 1.07 Actions By Persons With Interest When any provisions of the Subdivision Map Act or of these regulations require the execution of any certificate or affidavit or the performance of any act of a person in his official capacity who is also a subdivider or an agent or employee thereof, such certificate or affidavit shall be executed or such act shall be performed by some other person duly qualified therefore and designated so to act by the Council. 1.08 Severability If any part or provisions of these regulations or application thereof to any person or circumstances are adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The council declares that it would have enacted the remainder of these regulations even without any such part, provision or application. 1.09 Fees The Council shall, by resolution, establish fees to be charged of subdividers, and procedures of collection and refunds for any activities authorized or required by this title, including appeals and requests for continuance or time extension. 1.10 Appeals Any person may appeal decisions of the Planning Commission or the Community Development Director made pursuant to this title. Such appeal shall be in the form and manner as described in Section 9.1.111 of the Zoning Ordinance. i 4 CL ., v . TITLE 11 Chapter 2 DEFINITIONS 2.01 Generally 2.02 Advisory agency 2.03 Alley 2.04 Applicant 2.05 Average Cross Slope 2.06 City Council 2.07 Community Apartment 2.08 Condominium 2.09 Condominium Conversion 2.10 Day 2.11 Easement 2.12 Final Map 2.13 Flag Lot 2.14 Flood Hazard 2.15 Future Street 2.16 General Plan 2.17 Geologic Hazard 2.18 Lot 2.19 Lot Line, Front 2.20 Lot Line, Rear 2.21 Lot Line, Side 2.22 Parcel Map 2.23 Path 2.24 Planning Commission 2.25 Private Road Easement 2.26 Reversion to Acreage 2.27 Right-of-Way 2.28 Roadway 2.29 Slope 2.30 Specific Plan 2.31 Stock Cooperative 2.32 Street 2.33 Street tree 2.34 Subdivider 2.35 Subdivision 2.36 Subdivision Guidelines and Standards Manual 2.37 Subdivision Map Act 2.38 Subdivision Standards 2.39 Substantial Compliance 2.40 Tentative Map 2.41 Vesting Tentative Map 5 C1- -0 r, V''!j 2.01 Generally For the purposes of the regulations codified in this title, and to supplement the definitions in the Subdivision Map Act, the following words and phrases shall be construed as defined in this chapter. 2.02 Advisory Agency "Advisory agency" means the Community Development Director or Planning Commission, as the case may be, which recommends to the Council action on certain types of map applications. 2.03 Alley "Alley" means a public or private way which provides vehicular access to the side or rear of properties whose principal frontage is on a street. 2.04 Applicant "Applicant" means the subdivider or his authorized representative. 2.05 Average Cross Slope "Average cross slope" means the ratio, expressed as a percentage, of the difference in elevation to the horizontal distance between two points on the perimeter of the area whose slope is being determined, with the line along which the slope is being measured running essentially perpendicular to the contours between the points. 2.06 City Council "City Council" means the City Council of the City of Atascadero which is the official body charged with hearing and making determinations with the respect to appeals of decisions of the Planning Commission as described in Chapter 1.10 of this title and the official body charged with final approval of all final maps and parcel maps with dedications and the acceptance, acceptance subject to improvement, or rejection without prejudice of all offers of dedication. 2.07 Community Apartment "Community apartment" means an apartment development as defined in Section 11004 of the Business and Professions Code in which an undivided interest in real property is coupled with the right of exclusive C�f n `. "0 . occupancy of an apartment located within the property. For the purposes of these regulations, community apartments will be subject to the same requirements as condominiums, as defined in Section 1350 of the Civil Code. 2.08 Condominium "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel together with a separate interest in space in a building on such real property. "Condominium" is more particularly defined in Section 1350 of the Civil Code. 2.09 Condominium Conversion "Condominium conversion" means the conversion of property occupied under tenancies or estates other than condominium to occupancy as condominiums. 2.10 Day "Day" means calendar day. If the end of an interval specified in days falls on a weekend or holiday, the interval shall be deemed to end on the next business day. 2.11 Easement "Easement" means an interest allowing the use of the property of another, commonly for the purpose of installing and operating public drainage facilities, public utilities, public vehicular or pedestrian ways, bike paths, riding or biking trails, or other necessary uses or public facilities located outside of the street right-of-way. 2.12 Final Map "Final Map" means a map required to be filed with the County Recorder for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment as defined in Business and Professions Code 11004 containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units as defined in Business and Professions Code 11003.2, except as noted in Section 66426 of the Subdivision Map Act. 0 ` 0071 2.13 Flag Lot "Flag lot" means a lot predominantly situated behind another lot and having access to a street by means of a narrow portion of the flag lot extending out to the street. 2.14 Flood Hazard "Flood hazard" means a potential danger to life, property or natural resources due to storm water runoff or inundation, including deposition of silt and debris, erosion, or the presence of standing water. 2.15 Future Street "Future street" means real property subject to a yet unaccepted offer of dedication, all or part of which may later be accepted for a street by Council resolution and without further action by the owner. 2.16 General Plan "General plan" means the adopted general plan of the City of Atascadero. 2.17 Geologic hazard "Geologic hazard" means a condition in the earth's surface, either natural or artificially created, which is potentially hazardous to life, property or natural resources due to possible movement of rock or soil. 2.18 Lot "Lot" means a parcel of land which is identified by a distinct number or letter on a final map or parcel map recorded in the office of the County Recorder, or such parcel complying with approval requirements in effect when it was recorded or as noted in Section 66412.6 of the Subdivision Map Act. 2.19 Lot Line, Front "Front lot line" means the line which separates the lot from the street. For a corner lot, the line at the shortest street frontage will be the front lot line, unless the latest tract deed restrictions specify another line. 2.20 Lot Line, Rear "Rear lot line" means the lot line opposite and most distant from the front lot line. In the case of an irregular or triangular lot, the rear lot line is a line s Cr r) r-.. 8 within the lot, parallel to and at a maximum distance from the front lot line, having a length of at least ten feet. 2.21 Lot Line, Side "Side lot line" means any lot line other than a front or rear lot line. 2.22 Parcel Map "Parcel Map" means a map required to be filed with the County Recorder for all divisions of real property into four or fewer parcels, or creation of four or fewer condominiums or a stock cooperative or community apartment project having four or fewer parcels or units, except as provided in Section 66426 of the Subdivision Map Act or in Section 3.03 of this title. 2.23 Path "Path" means a way designed for use by pedestrians or bicycles and not designed or intended for use by motor vehicles. 2.24 Planning Commission "PlanningCommission" means the Planning Commission of the City of 9 Atascadero which is the advisory agency charged with final approval of all parcel maps without dedications and the body charged with hearing and making determinations with the respect to appeals of decisions of the Community Development Department. 2.25 Private Road Easement "Private road easement" means an easement, recorded in the office of the County Recorder, granted to owners of property adjacent to the parcel covered by the easement, for access to the adjacent properties. 2.26 Reversion to Acreage "Reversion to acreage" means the combining of two or more recorded contiguous lots into a single parcel as discussed in Chapter 6, Article 1, of the Subdivision Map Act. 2.27 Right-of-Way "Right-of-way" means a parcel of land occupied or intended to be occupied by a street, path, railroad, electric transmission line, oil or gas pipeline, water main, sewer main, storm drain or similar utility or special s G L; C., V use. Use of the term "right-of-way", distinguished from "easement", shall mean that the area dedicated to the special use shall be separate from adjoining lots and shall not be included in the area or dimensions of such lots. Rights-of-way intended for a use involving maintenance by a public agency shall be dedicated to public use by the owner of the parcel(s) on which the right-of-way is established. 2.28 Roadway "Roadway" means that portion of a street or alley used or intended to accommodate the movement of vehicles. 2.29 Slope See Section 2.05, Average cross slope. 2.30 Specific Plan "Specific plan" means a plan for a designated area of the City, based on the general plan but containing more detailed regulations and programs, as provided in Section 65450, et. seq. of the California Government Code. 1 Stock Cooperative erative p "Stock cooperative" means an apartment development as defined in Section 11003.2 of the Business and Professions Code in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment in the development. For the purposes of these regulations, stock cooperatives will be subject to the same requirements as condominiums, as defined in Section 1350 of the Civil Code. 2.32 Street "Street" means any highway street, way, sidewalk or other public place in the incorporated territory of the City, either owned by the City, used by the public pursuant to prescriptive rights, or dedicated to the public for the purpose of travel by vehicles or pedestrians including colony roads. "Street" includes all, or any part of, the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for street purposes. 10 r, n 2.33 Street Tree "Street tree" means a tree in a public place, street, special easement or right-of-way adjoining a street. 2.34 Subdivider "Subdivider" means a person, firm, corporation, partnership or association which proposes to divide, causes to be divided, or divides real property for itself or for others, except employees or representatives of such persons or entities, acting in such capacity, are not subdividers. 2.35 Subdivision "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes a condominium project, as defined in subdivision (f) of Section 1351 of the Civil Code, a community apartment project, as defined in subdivision (d) of Section 1351 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code. 2.36 Subdivision Guidelines and Standards Manual The "Subdivision Guidelines and Standards Manual" is a document designed to assist applicants in implementing the policies contained in the City's Subdivision Ordinance. 2.37 Subdivision Map Act "Subdivision Map Act" means the Subdivision Map Act of the State of California, Section 66410 to 66499.58 of the Government Code of the State of California, and such revisions as may be made by the California legislature. 2.38 Subdivision Standards "Subdivision Standards" means the standards for design and construction of subdivisions adopted by resolution by the Council. 11 G0 I'D 031 2.39 Substantial Compliance "Substantial Compliance" means the subdivision design shown on the final map is consistent with the intent of the approved tentative map, as determined by the Community Development Director and the City Engineer. In no cases shall the addition of lots be considered in "substantial compliance". 2.40 Tentative Map "Tentative Map" means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it. 2.41 Vesting Tentative Map "Vesting tentative map" means a map which meets the requirements for a tentative map and the other requirements that are set forth in this title and the Subdivision Map Act, and which will provide certain statutorily vested rights to the subdivider. 12 U TITLE 11 Chapter 3 GENERAL REQUIREMENTS FOR MAPS 3.01 Final Maps 3.02 Parcel Maps 3.03 Exclusions and Exceptions 3.04 Lot line Adjustment 3.05 Correcting or Amending Maps 3.06 Lot Merger 3.07 Expansion of Condominium Projects 3.01 Final Maps Except as provided in Section 3.03, the division of real property into five or more parcels or creation of five or more condominiums or a stock cooperative or community apartment project having five or more parcels or units requires the filing, approval and recording of tentative and final maps as provided in these regulations and the Subdivision Map Act. 3.02 Parcel Maps Except as provided in Section 3.03, the division of real property into four or fewer parcels, or creation of four or fewer condominiums or a stock cooperative or community apartment project having four or fewer parcels or units requires the filing, approval and recording of tentative and parcel maps as provided in these regulations and the Subdivision Map Act. 3.03 Exclusions and Exceptions A. No maps shall be required for divisions of property which are excepted from the definition of subdivision within the Subdivision Map Act. B. Parcel maps, but not final maps, shall be required for those land divisions enumerated as exceptions under Section 66426 of the Subdivision Map Act. C. No maps shall be required for: 13 G ["033 1. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks; 2. Mineral, oil or gas leases; 3. Land dedicated for cemetery purposes under the Health and Safety Code of the State; 4. Boundary line or exchange agreements to which the State Land Commission or a local agency holding a trust grant of tide and submerged lands is a party; 5. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code; 6. The financing or leasing of any parcel of land, or portion of parcel, in conjunction with the construction of commercial or industrial buildings on a single parcel, when the project is subject to planned development or use permit approval pursuant to the Zoning Ordinance; 7. The financing or leasing of existing separate commercial or • industrial buildings on a single parcel. D. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for the purpose of determining the number of parcels within a subdivision. E. Parcel maps shall not be required for those conveyances involving government agencies or public utilities, as provided in Section 66428 of the Subdivision Map Act. 3.04 Lot Line Adjustment The adjustment of a boundary line between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, does not require a final or parcel map. 3.05 Correcting or Amending Maps Recorded final maps and recorded parcel maps may be amended, corrected or modified, as provided in the Subdivision Map Act (Sections 66469 through 66472.1). Approved lot line adjustments may be amended as provided for final and parcel maps, with amending or correcting 14 C 034 documents to be filed with the Community Development Department and the County Recorder. 3.06 Lot Merger Contiguous parcels under common ownership may be merged (interior lot lines may be removed) by approval of a lot merger, together with recordation of a certificate of compliance for the new parcel, as provided in Chapter 13.03 of this title. 3.07 Expansion of Condominium Projects The addition of floor area to a condominium project shall require approval of the type of map previously approved. If the City Engineer finds such a map is not necessary for the purposes of these regulations, the City Engineer may waive the requirement for such a map. 15 LCI C,0uJ TITLE 11 Chapter 4 MAPS . Article 1 Tentative Maps 4.01 Identification of Tentative Map 4.02 Filing of Tentative Map--Application 4.03 Examination of Application 4.04 Distribution of Tentative Map 4.05 Departmental Reports on Tentative Map 4.06 Notice of Planning Commission Hearing on Tentative Map 4.07 Continuances of Tentative Map Action 4.08 Submission of Revised Tentative Map 4.09 Planning Commission Action on Tentative Map 4.10 Withdrawal Of Tentative Map 4.11 Minor Modification of Tentative Map After Approval 4.12 Extension of Time to Act 4.13 Application After Denial Article 2 Final Maps 4.21 Filing of Final Map 4.22 Termination of Proceedings 4.23 Time Extension 4.24 Final map Compliance 4.25 Submission of Final Map 4.26 Action of City Engineer and Community Development Director 4.27 Council Action on Final Map 4.28 Council Acceptance or Rejection of Offers of Dedication 4.29 Disposition After Approval Article 3 Vesting Tentative Maps 4.31 Application 4.32 Filing and Processing 4.33 Vesting on Approval of Vesting Tentative Map 4.34 Development Inconsistent With Zoning; Denial or Conditional Approval 16 00''036 4.35 Applications Inconsistent With Current Policy 4.36 Expiration Article 4 Parcel Maps 4.41 Filing - Processing - Appeals - Dedication Acceptance. 4.42 Planning Commission Action on Parcel Maps Without Dedications 17 CLC)08- 7 TITLE 11 Chapter 4 Article 1 Tentative Maps 4.01 Identification of Tentative Map Before submitting a tentative map, the person preparing the map shall obtain a tract number from the County of San Luis Obispo. The number shall be placed upon each copy of the tentative map and shall not be changed unless a new number is assigned to the subdivision by the County of San Luis Obispo. The tract may also be given a name. 4.02 Filing of Tentative Map -Application The tentative map application shall be filed with the Community Development Department and shall be prepared in accordance with these regulations, the Subdivision Map Act and the Subdivision Guidelines and Standards Manual. The application shall be accompanied as many copies of the tentative map as may be required by the Community Development Director. 4.03 Examination of Application Planning and Engineering staff shall examine the map application upon presentation and shall not accept it unless it is a complete application in compliance with the Subdivision Map Act and these regulations. The Subdivider shall be notified in writing within thirty days following submittal if the map application is not complete. The tentative map application shall not be considered received until stamped, signed and dated by the Community Development Department. Further the map application shall not be deemed complete until an environmental determination has been made as provided in the City's CEQA Guidelines. 4.04 Distribution of Tentative Map After a tentative map has been submitted and determined to be complete, the Planning staff shall forward a copy of the map and accompanying data and reports to all appropriate staff, departments and other agencies for review and report. 18 CCP'C6 4.05 Departmental Reports on Tentative Map Within twenty days of forwarding, each staff member, department or agency given a copy of the tentative map application shall send the Community Development Department its report with recommendations, if any, pertaining to the map. Based on staff analysis and the recommendations submitted to it, the Community Development Department shall prepare a report and recommendation for transmittal with the application for filing with the Planning Commission. 4.06 Notice of Planning Commission Hearing on Tentative Map The planning commission shall hold a public hearing on the tentative map, and notice thereof shall be given as provided in Section 66451.3 of the Map Act, except those subdivisions proposed within an area zoned Residential Suburban (RS), where all owners of real property within a 1000 feet radius of the subject property shall receive notice as provided herein. Any interested person may appear at such hearing and shall be heard. Each street frontage of property to be subdivided shall be clearly posted by the applicant with a "Notice Of Intent To Subdivide" provided by the Community Development Department at the time that a complete application for subdivision is filed. 4.07 Continuances of Tentative Map Action Applicant requested Continuances. A tentative map scheduled for a Planning Commission Agenda will be considered only when the applicant is present. Prior to the scheduled date of Planning Commission consideration, the applicant may request a continuance to a future agenda date. Granting or denial of such request is at the sole discretion of the Planning Commission. 4.08 Submission of Revised Tentative Map Prior to consideration of tentative map the Planning Commission, a revised tentative map may be submitted for consideration. A new application and fee shall be required prior to placement on the Planning Commission's Agenda. An updated title report may be required. Changes required by the City shall not be considered map revisions. A revised tentative map shall be considered as a new application, and the date of filing shall be the date of filing the revised tentative tract map. The first application shall be deemed withdrawn upon the submission of the revised application. 19 CL Cu89 4.09 Planning Commission Action on Tentative Map The Planning Commission shall, after a hearing and consideration of the tentative map, accompanying reports of applicant and staff, and public testimony, consider and approve, conditionally approve, or disapprove the tentative map. If conditional approval of a map is recommended, the report shall contain a complete statement of the conditions of approval. The approval or conditional approval of any tentative map shall not constitute an approval of any exception or deviation from any zoning regulations of the City nor shall it be deemed as an approval to proceed with any development in violation of any applicable provision of law. If the map is disapproved, the grounds for disapproval shall be stated. 4.10 Withdrawal of Tentative Map Once a date for Planning Commission consideration of the tentative map has been set, requests for withdrawal shall be submitted to the Planning Commission in writing, or orally if made at the meeting when the map is being considered. No refund of the filing fee shall be made. Withdrawal of the map shall be an effective denial of the application. 4.11 Minor Modification of Tentative Map After Approval Minor modifications of an approved or conditionally approved tentative map may be made subject to the approval of the Community Development Director and the City Engineer prior to filing of the final map. 4.12 Extension of Time to Act Any of the time limits for acting on tentative maps specified in these regulations may be extended by mutual consent of the subdivider and the Community Development Department or Planning Commission. To do so, the subdivider must expressly waive, in writing or in the record at a public hearing, his right to have the map considered within the time limits set forth in the Permit Streamlining Act (Section 65943, California Government Code). 4.13 Application After Denial When any application for a tentative map filed pursuant to this chapter has been denied, no new application which is substantially the same shall be filed within one (1) year of the date of denial unless the facts upon which the Planning Commission based its decision have changed. The Community Development Director shall determine whether facts have 20 r► nr '�. 0 50 TITLE 11 Chapter 4 Article 2 Final Maps 4.21 Filing of Final Map Within twenty-four months of the date of approval or conditional approval of the tentative map, the subdivider shall cause the final map to be prepared and filed in accordance with these regulations, the Subdivision Map Act, and the Subdivision Guidelines and Standards Manual. 4.22 Termination of Proceedings Failure to file a final map within 24 months of the date of approval or conditional approval of a tentative map, or within any extended period of time granted in accordance with this Title shall terminate all proceedings. Before a final map may thereafter be filed, a new tentative map shall be submitted and approved hereunder. Delivery of the I map to the Community Development Department shall be deemed a timely filing for purposes of this section. 4.23 Time Extension A. The Planning Commission may extend the time for filing the final map for a period or periods not exceeding a total of five (5) years or as provided by Section 66452.6 and/or Section 66463.5 of the Subdivision Map Act. B. Applications for extension shall be made in writing to the Community Development Department prior to the date of tentative map expiration. Time extensions may be granted subject to the condition that the final map shall be prepared and improvements constructed and installed in compliance with the requirements in effect at the time the request for extension is considered. The Planning Commission may also impose any other conditions which it was empowered to impose at the time of the tentative map approval, and it may revise or delete conditions. 22 4.24 Final Map Compliance Final maps shall be prepared in accordance with the approved tentative map. 4.25 Submission of Final Map When all the statements appearing on the final map, except the approval statements of the City Clerk, City Engineer, City Planning Commission, the County Recorder's certificate, have been signed, and where necessary, acknowledged, the final map, along with copies of reference maps and other supporting data necessary to verify the survey, may be submitted to the City for examination and presentation to the Council for final approval, provided it complies with all other provisions of these regulations. The map shall be accompanied by as many prints as required by the Community Development Department. 4.26 Action of City Engineer and Community Development Director A. Upon receipt of a final map and accompanying documents, fees and materials for filing, the City Engineer and Community Development Director shall determine if they are in substantial conformity with the approved or conditionally approved tentative map and modifications and conditions made or required by the Planning Commission. If they are found to be complete and in conformance with these and other applicable regulations, the Community Development Director shall transmit the map to the City Engineer who shall sign the map and then transmit the map to the City Clerk. No map shall be signed by the City Engineer until the required improvements have been installed or an agreement or bond for installation has been secured in accordance with these regulations. B. Should the map or accompanying documents, fees or materials be found to be incomplete or incorrect in any respect, the City Engineer or Community Development Director shall advise the subdivider by mail of the changes or additions that must be made before the map may be certified. C. If the City Engineer or Community Development Director determines circumstances concerning the design and improvement of the subdivision relation to the public health, safety and welfare have materially changed since the approval of the tentative map, they need not certify the final map. In such instances, the City Engineer and Community Development Director shall return the map to the Planning Commission for further consideration. 23 C, 0nA11:� D. The final map shall not be considered filed for action by the Council until the City Engineer and Community Development Director have completed the actions required by them by subsections A, B, and C of this section. 4.27 Council action on Final Map A. At the meeting at which it receives the map, or at the first regular meeting thereafter, the Council shall approve the map if it conforms with the approved tentative map and meets the requirements of the Subdivision Map Act, these regulations, and any rulings made pursuant to them. If the map does not conform, the Council shall disapprove it. B. If the Council fails to act within the prescribed time, the final map shall be deemed approved to the extent it meets the requirements enumerated above. Upon approval by either action or inaction, the City Clerk shall certify approval of the final map. 4.28 Council Acceptance or Rejection of Offers of Dedication Subject to exceptions in the Subdivision Map Act, at the time the Council approves a final map, it shall also accept, accept subject to improvement or reject without prejudice all offers of dedication. This action shall be certified on the map by the City Clerk. 4.29 Disposition After Approval After the Council approves a final map, the City Clerk shall transmit the map to the County Recorder. 24 GCC'094 TITLE 11 Chapter 4 Article 3 Vesting Tentative Maps 4.31 Application A. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed, in accordance with the provisions hereof. B. If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. 4.32 Filing and Processing A vesting tentative map shall be filed in the same form; and the application package shall have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this subdivision ordinance for a tentative map except as provided in Section 4.33. 4.33 Vesting on Approval of Vesting Tentative Map A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed. with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed,=the approval or conditional approval of a vesting tentative shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. B. Notwithstanding subsection A, a permit approval, extension or entitlement may be made conditional or denied if any of the following are determined: 25 CL' C'103J 1. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. 2. The condition. or denial is required, in order to comply with state or federal law. C. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 4.36. If the final map is approved, these rights shall last for the following periods of time: 1. An initial time period of one (1) year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. 2. The initial time period set forth in C.1. shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days, from the date a complete application is filed. 3. A subdivider may apply to the Community Development Director for a one-year extension at any time before the initial time period set forth in C.1. expires. If the extension is denied, the subdivider may appeal that denial to the Planning Commission within 15 days. 4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections 1.- 3., the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. 4.34 Development Inconsistent With Zoning; Denial or Conditional Approval A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The City shall deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the conditionally approved vesting tentative 26 C0' Cl336 map shall, notwithstanding Section 4.33A., confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved. B. The rights conferred by this section shall be for the time periods set forth in Section 4.33C. 4.35 Applications Inconsistent With Current Policy Notwithstanding any provision of this ordinance, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Sections 4.33 and 4.34, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. 4.36 Expiration The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by Section 4.23 for the expiration of the approval or conditional approval of a tentative map. 27 G0GU3�7 TITLE 11 Chapter 4 Article 4 Parcel Maps 4.41 Filing - Processing -Appeals - Dedication Acceptance The procedures for filing, processing, public notice and actions on tentative and parcel maps shall be the same as provided in these regulations for tentative and final maps except as provided in Section 4.42 and 8.22. 4.42 Planning Commission Action on Parcel Maps Without Dedications A. The Planning Commission is the advisory agency charged with final approval of all parcel maps without dedications B. At the meeting at which it receives the parcel map, or at the first regular meeting thereafter, the Planning Commission shall approve the map if it conforms with the approved tentative map and meets the requirements of the Subdivision Map Act, these regulations, and any rulings made pursuant to them. If the map does not conform, the Planning Commission shall disapprove it. C. If the Planning Commission fails to act within the prescribed time, the parcel map shall be deemed approved to the extent it meets the requirements enumerated above. Upon approval by either action or inaction, the Secretary of the Planning Commission shall certify approval of the parcel map. 28 GC. 01Li38 TITLE 11 Chapter 5 LOT LINE ADJUSTMENT 5.01 Application For Lot Line Adjustment Application for lot line adjustment shall be in the same form as prescribed for tentative maps in the Subdivision Guidelines and Standards Manual. 5.02 Procedures For Lot Line Adjustment A. The procedures for review of lot line adjustments shall be as provided in Chapter 4 for tentative maps except that action on lot line adjustments shall be by the Community Development Director and shall not require Planning Commission action except where existing non-conforming lots are proposed to be reduced in size. B. Upon a determination by the Community Development Director or City Engineer that the original parcels were legally created, that the parcels resulting from the lot line adjustment will conform to the City's zoning ordinance and building regulations, and that the lot line adjustment will not result in a greater number of parcels than originally existed, the lot line adjustment shall be approved. C. Conditions or exactions imposed on the approval of a lot line adjustment shall be limited to those necessary to insure conformance with the City's zoning ordinance and building regulations, facilitate the relocation of existing utilities, infrastructure, and/or easements and to require the prepayment of real property taxes prior to the approval of the lot line adjustment D. Upon acceptance of all statements, guarantees, and other documents which are required in conjunction with the lot line adjustment, the Community Development Director may file a certificate of compliance, which shall refer to the approved lot line adjustment map, for each parcel affected by the change and shall cause a deed to be recorded in the Office of the County Recorder. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. 29 GL�O33 E. At the option of the property owner, a parcel map delineating the new parcels may be prepared instead of Certificates of Compliance. F. The Director's action may be appealed as provided in Chapter 1.10. 30 GL � 00 TITLE 11 Chapter 6 SUBDIVISION DESIGN Article 1 General Considerations 6.01 General Considerations Article 2 Lots 6.21 General Requirements. 6.22 Lot Lines 6.23 Depth-Width Relationship 6.24 Minimum Lot Sizes 6.25 Lot Slope 6.26 Flag Lots (Deep Lot Subdivisions) Article 3 Streets 6.31 General Design and Improvement Standards 6.32 Access Restrictions. 6.33 Street Names. 6.34 Slope Easements. 6.35 Street types and Requirements. Article 4 Design Criteria and Improvement Standards 6.41 General Requirements. 6.42 Improvements. Article 5 General Design and Improvement Standards 6.51 Walkways 6.52 Watercourses 6.53 Roads and Streets (' 31 TITLE 11 Chapter 6 Article 1 General Considerations 6.01 General Considerations The layout of streets and lots within a subdivision shall be consistent with the densities and types of uses authorized by the general plan, specific plans and zoning ordinance. The subdivision design shall also recognize the physical conditions of the site, such as slope, soil types, and adjacent land use, which may further limit uses of the property. The subdivider must simultaneously consider such factors as terrain, development objectives, and options available under these regulations in order to design a subdivision which best meets the needs of those who will occupy it as well as the community as a whole. rr 32 �il: L1Va: TITLE 11 Chapter 6 Article 2 Lots 6.21 General Requirements The design of lots should be based on intended use, topography and access requirements. Lots which are impractical for intended uses due to terrain, location of natural features, inadequate access, frontage, or buildable area, or other physical limitations will not be approved. All lots shall abut on an improved street unless approved as a deep lot subdivision by the Planning Commission, under standards adopted by the Planning Commission. 6.22 Lot Lines A. Lot lines shall be at the top of slope banks, unless otherwise approved by the Advisory Agency. B. Side lot lines shall be perpendicular to the street on straight streets, or radial to the street on curved streets, unless another angle would provide better building orientation for solar exposure or more lot area to the south of the likely building site, or unless another lot configuration would better suit the site topography or planned design of the development, unless otherwise approved by the Advisory Agency. 6.23 Depth-Width Relationship Lots with a ratio of depth to width greater than 3:1 shall not be permitted unless there is adequate assurance that deep lot subdivisions and subsequent development will be accomplished without detriment to adjacent properties. 6.24 Minimum Lot Sizes Minimum lot sizes shall be as established in the Zoning Ordinance for the underlying zoning district for which a subdivision or other action pursuant to this Title is proposed. 33 GL 0, 103 6.25 Lot Slope A. New lots shall not be permitted where the average slope is over 30%; unless there is a building envelope with an average slope of less than 20% or the creation of such a lot offers public dedications or easements beneficial to the community. B. New lots shall not be permitted where private sewage disposal systems would be required on slopes of more than 30%. 6.26 Flag Lots (Deep Lot Subdivisions) A. Flag lots may be approved for subdividing deep lots subject to the following findings: (1) the subdivision is consistent with the character of the immediate neighborhood; (2) the installation of a standard street, either alone or in conjunction with neighboring properties is not feasible; and (3) the flag lot is justified by topographical conditions. Such subdivisions shall conform with the following: 1. The accessway serving the flag lot(s) shall not be included in the determination of required lot area for any lot. 2. The original lot shall have frontage on a dedicated street. 3. The accessway to the rear shall be at least twenty feet wide (developed to City standards) for residential zones, except where the accessway is more than one hundred fifty feet long, it shall be at least twenty-four feet wide with twenty feet of pavement, unless otherwise approved by the Planning Commission. For all other zones, the accessway shall be at least thirty feet wide with a paved roadway at least twenty- four feet wide. 4. Each lot shall have yards as required by the zoning regulations, including a ten (10) foot setback along any accessway, whether easement or lot line. 5. The lot farthest from the street shall own the accessway in fee. Other lots using the accessway shall have an access and utility easement over it, unless otherwise approved by the Advisory Agency. 6. Lots utilizing the accessway of a flag lot may be required to enter into a road maintenance agreement to insure perpetual maintenance and repair of the accessway. 34 7. A reflectorized house number master sign shall be located at the intersection of the street and accessway and individual reflectorized address signs shall be placed on the right-hand side of the driveway to each individual lot. 35 G 0 C105 TITLE 11 Chapter 6 Article 3 Streets 6.31 General Requirements The design of a subdivision street system should result from an evaluation of topographical conditions, the traffic likely to be generated by the types and numbers of planned uses, and the purpose of each street. The street system must allow an acceptable pattern of lots. 6.32 Access Restrictions Reserve strips of land to control access from adjoining property to public streets may be required by the City. Such reserve strips shall be at least one foot wide. They shall be shown and clearly labeled on the final map. Access restrictions may also be incorporated by note on the map. 6.33 Street Names Streets which are continuations of streets shall have the same names. Streets which are not continuations or which have significantly changed alignments shall have names which do not duplicate or closely resemble any other street names. Names for proposed streets shall be submitted on the tentative map for approval by the City and shall be of Spanish origin or shall honor a non-living individual of historic significance to the community. 6.34 Slope Easements Where excavation or fill slopes extend beyond the street right-of-way, easements for the slopes may be required by the City. 6.35 Street types and Requirements Requirements (i.e., travel lane width, right-of-way width, etc.) for various types of streets shall be as established by the City Engineer. 36 0L010� TITLE 11 Chapter 6 Article 4. Design Criteria and Improvement Standards 6.41 General Requirement The design criteria for subdivisions and the required physical improvements for them shall be in compliance with the City's Zoning Ordinance, Standard Drawings and Specifications, subdivision standards, and other applicable regulations or standards. 6.42 Improvements Improvement work, including grading, shall not be commenced until plans for all such work have been approved by the City Engineer. All improvements shall be constructed under the inspection of and to the satisfaction of the City. Improvements to be installed by the subdivider, in accordance with the subdivision standards established by the City Engineer, including the following: A. Streets, curb, gutters, and sidewalks as required by the City Engineer. B. The subdivider shall make provisions for any railroad crossing necessary for the subdivision, including application to the California Public Utilities Commission. C. Separate bicycle paths or bicycle areas may be required. D. Storm drainage, erosion and flood-control facilities shall be constructed for the collection and transmission of storm water from the subdivision to the nearest point of disposal which is satisfactory to the City Engineer. The subdivider shall be responsible for proper drainage of all storm water which runs onto his property from adjacent properties. E. Durable boundary monuments shall be installed and shown on the final map. In making a survey, the surveyor shall set permanent monuments of minimum Y2' rebar or iron pipe at all angle points and curve points on the exterior boundaries of the parcel or final map, and at all parcel corners. Permanent street monuments shall be set 37 `VIL, ? 07 at curve and angle points on the centerline of the on-site streets and shall be set at the point of intersection of all on-site streets. F. Street name signs and traffic control and warning signs shall be installed as specified by the City Engineer. Traffic signals and traffic signal control conduits may be required by the City Engineer. G. Utilities to be installed by the subdivider shall include those listed in this subsection. The development of these facilities may require financial contribution for previous improvements to the systems, as provided in the most recent council resolution on utility connection charges, or in any agreement affecting a particular portion of a system, or applicable easement. 1. Sanitary sewer laterals shall be stubbed to the front property line of each lot if sanitary sewers are available. All facilities for the transmission of sewage from each of the lots to the nearest adequate point of connection to the City's sewer system shall be installed as acceptable to the City Engineer. a) Sewer lines need not be provided to lots which will be in perpetual open space use. b All sewer mains shall be located within a dedicated City street or alley or within a recorded easement. (The City may make available its powers of condemnation, if needed, to acquire a sewer easement for development of a subdivision. All costs shall be borne by the subdivider.) All manholes not within a street or paved drive shall be within an easement to the City and accessible by an all-weather dust-free road. 2. A water system for domestic service and fire protection shall be provided, including all facilities necessary for the transmission of water to each lot of the proposed subdivision from the nearest point of adequate supply, satisfactory to the City Engineer, Atascadero Mutual Water Company, and the Fire Department. Water service shall be stubbed to a meter vault at the front of each lot. Pumping and storage equipment to provide sufficient volume and duration of flow of water shall be provided as determined by the City Engineer, Atascadero Mutual Water Company, and the Fire Department. Fire hydrants shall be installed according to the City Fire Code and to the satisfaction of the Fire Department and City Engineer. Water lines need not be provided to lots 38 0C-1 .01 � which will be in perpetual open space use and which will not require irrigation or fire suppression. The Fire Department may determine, however, that fire hydrants are required. 3. Electric power, gas and telephone services shall be stubbed to each lot and all facilities to distribute such services shall be provided according to the requirements of the responsible utility companies. 4. Cable television service may be required. 5. Fire alarm conduit may be required by the Fire Department. H. All new utility distribution facilities shall be placed underground, except accessory facilities such as terminal boxes, meter cabinets and transformers may be installed above ground. The subdivider shall make all necessary arrangements with the utility companies for these facilities. I. The subdivider shall carry out protective measures as required by the City to assure the proper functioning and maintenance of other required improvements and properties adjacent to the subdivision. Temporary protective improvements may be required prior to or concurrent with the construction of permanent improvements. J. Street trees with irrigation and root barriers shall be installed as required. 39 0001.09 TITLE 11 Chapter 6 Article 5 General Design and Improvement Standards 6.51 Walkways Walkways shall be required where necessary to provide access to schools, parks and scenic easements. 6.52 Watercourses Water courses shall be shown as easements when required by the Planning Commission, and storm drains shall be placed in easements when public right-of-way is not available or adequate. The developer shall include sufficient guarantees for the installation of the permanent drainage requirements as approved by the City Engineer. 6.53 Roads and Streets A. Existing streets shall be continued as required by the Planning Commission; B. Street stubs shall be required to adjacent unsubdivided property where, in the opinion of ,the Planning Commission, they are necessary. A satisfactory temporary turn around may be required, as well as the installation of a standard barrier, to prevent ingress and egress; C. Streets shall intersect at as near right angles as is practicable. Radius of curvature, where the property lines intersect, shall be a minimum of fifteen feet, except at majors or expressways, radius of curvature shall be twenty-five feet. D. "T" or three-way intersections are preferable to four-way intersections on local streets, but centerline of"T" street shall not be located closer than one hundred fifty feet to centerline of any other intersection; E. Four-way intersections shall not be located closer than one hundred eighty feet to any other intersections measured from the nearest right-of-way lines; 40 �� ` y10 F. Alleys or access roads, or acceleration lanes, shall be required to be constructed in industrial, commercial and in multiple family areas where necessary to control access to expressways and major streets which have limited access. The Planning Commission shall determine which alternate shall be used; G. Cul-de-sac streets shall conform to the City Engineering Specifications. H. Streets shall conform as to alignment and width to the Circulation Element of the City's General Plan. I. Centerline curve radius shall conform to the City Engineering Specifications. 41 00CI � TITLE 11. Chapter 7 DEDICATIONS 7.01 General Requirements. 7.02 Offer To Dedicate Easements To Re-main Open. 7.03 Waiver of Direct Street Access. 7.04 Title Insurance For Dedication. 7.05 Parkland Dedications 7.01 General Requirements All parcels of land intended or needed for public use shall be offered for dedication to the City before any subdivision is approved - typically, when the final map is filed. The subdivider shall grant whatever land or easements the City determines are necessary to fulfill the purposes of these regulations. Such dedication of parcels or easements and improvements may be required for the following uses: A. Streets and alleys, including future streets; B. Private streets (conditional dedication) for emergency services; C. Pedestrian and bicycle paths, or sidewalks; D. Bus stops; E. Public utilities; F. Natural watercourses, storm drains and flood-control channels; G. Public access, including access for maintenance or fire protection; H. Protection of scenic and environmentally sensitive lands; I. Street trees; J. Parks and recreation facilities; K. Protection of slope banks, areas subject to flooding, and other potentially hazardous areas; 42 GC! 112 L. School sites as may be necessary in accordance with the Subdivision Map Act; M. Sites to be preserved for public use as provided in the Subdivision Map Act; N. Such other public purposes as the City may deem necessary, provided the amount of property required to be dedicated bears a reasonable relationship to the increased need for public facilities created by the subdivision. 7.02 Offer to Dedicate Easements To Remain Open If, at the time the final map or parcel map is approved, any of the easements set out in Section 66477.2 of the California Government Code are rejected, the offers of dedication shall be irrevocable and the Council may, by resolution at any later date and without further action by the subdivider, rescind its action and accept and open any of these easements for public use. The acceptance shall be recorded in the office of the County Recorder. 7.03 Waiver of Direct Street Access The City may require that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map or parcel map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access. 7.04 Title Insurance For Dedication Before a final map is recorded, or if dedication and offers of dedication are supplemented by separate instrument, before such instrument or instruments are recorded, a preliminary title report shall be issued for the benefit and protection of the City. Any expense involved in complying with the provisions of this section shall borne by the subdivider. 7.05 Parkland Dedication Requirements A. The subdivider shall provide for adequate and appropriate public park and/or public recreation facilities for the subdivision by the dedication of lands therein and according to the following requirements, pursant to the authority granted by Section 66477 of the Government Code (Quimby Act). 43 :LLQ L3 B. Prior to consideration of a tentative map, the Community Development Department will identify pursuant to this chapter the land area required for dedication or in-lieu fee payment. The Planning Commission shall state as a condition of approval of a final map whether the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the Planning Commission for public park and public recreation purposes. C. General standards for the public interest, health and welfare require that five (5) acres of property for each one thousand persons residing in the City be devoted to public parks, public recreational trails and/or public recreational facilities. D. Dedication of land, fifty parcels or more. 1. Where a public parks, public recreational trail and/or public recreational facility has been designated in the General Plan or applicable Specific Plan and it is to be located in whole or in part within the proposed subdivision, the subdivider shall dedicate land for a local park as determined by the following formula: (Average Population Density of Dwelling Type) X (5.0 Acres) 1000 = Parkland Acreage Requirement per Dwelling (Parkland Acreage Requirement per Dwelling) X Proposed Units = Parkland Dedication Requirements The following table of population density has been established pursuant to Section 66477(2) of the Government Code (where these numbers conflict with the most recent figures available from the Federal Census, the Census numbers shall be used): Dwelling Type Averaae Persons/Unit Detached (1 unit) 2.25 Attached (1 unit) 1.92 Attached (2 unit) 2.18 Attached (3 or 4 units) 2.28 Attached (5 units) 1.91 Mobile Home 1.52 44 0 0 L! .A 4 2. When the subdivider is required to provide parkland improvements, a credit for the value of the improvements shall be provided against the payment of fees or dedication of land required. 3. The subdivider may be required to provide any of the following subject to credit: a. Full street improvements and utility connections including, but not limited to curbs, gutters, street paving, traffic-control devices, street trees and sidewalks to dedicated land. b. Recreational improvements including, but not limited to landscaping, irrigation, walkways, site lighting, play equipment, picnic facilities, parking, restrooms and benches. C. Fencing along the property line of that portion of the subdivision contiguous to the dedicated land. d. Improved drainage throughout the site.. e. Other minimal improvements which the Planning Commission identifies to be essential to the acceptance of the land for park and recreational purposes. 4. Where only a portion of land to be subdivided is proposed as public park under the General Plan or applicable Specific Plan, or when a major part of the park or recreation facility has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such portion shall be dedicated for park purposes and a fee in lieu of additional land that would have been required to be dedicated shall be paid. E. Dedication of Land, less than fifty parcels. 1. If the proposed subdivision contains fewer than fifty parcels the subdivider shall have the option to pay a fee in lieu of dedicating land. Such fee shall be calculated in accordance with subsection F of this section. 40 2. In cases where the subdivider proposes the voluntary dedication of land for park and recreation purposes, such 45 r C! '01 J land shall be found acceptable for park and recreation purposes by the Planning Commission prior to acceptance of the voluntary dedication of land. The Planning Commission may require payment of in-lieu fees in addition to the voluntary dedication of land. F. Fees in Lieu of Land Dedication. 1. If there is no park and recreation facility designated in the General Plan or applicable Specific Plan to be located in whole or in part within the proposed subdivision, the subdivider shall pay a fee equal to the value of the land that would have been required if land had been dedicated. Such fees shall be used for a local facility which bears a reasonable relationship to serve the present and future recreation needs of the residents of the subdivision. 2. Fees paid in lieu of land dedication shall be based on the fair market value of the amount of land within the proposed subdivision which would otherwise have been required. Fair market value shall normally be based on the average value of an acre of land as determined by the total assessed land value within the City or a written appraisal of the land may be requested from an appraiser acceptable to the City if so desired. 3. In-lieu fees must be paid prior to the recording of the final map. Fees shall be determined by the City Engineer and paid to the City for deposit in the park fee fund. Moneys in this fund shall be expended solely for those uses allowed in the government code including the acquisitions or development of public park and public recreation facilities. Fees shall be committed pursuant to the park and recreation program within five years of issuance of building permits on one-half of the lots created by the subdivision. G. Exceptions to Parkland Dedication Requirements. 1. Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years the fee may be required to be paid 46 C.C"i16 by the owner of each such parcel as a condition to the issuance of such permit. 2. The provisions of this section do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. H. Subdivider Provided Recreation Improvements. 1. The value of specific recreation improvements to the subdivided land provided by the subdivider shall be credited against the fees or dedication of land required by this section. The Planning Commission shall approve such improvements prior to agreeing to accept the dedication of land and to require in-lieu fees should the proposed land and improvements be unacceptable or designated in the park and recreation element of the Atascadero General Plan. 47 ti`iLil TITLE 11 Chapter 8 SUBDIVISION IMPROVEMENT REQUIREMENTS 8.01 General Requirements. 8.02 Preparation and Form of Improvement Plans. 8.03 Grading Plan. 8.04 Plan Check Fees. 8.05 Commencement of Improvement Work. 8.06 Inspection of Improvement Work. 8.07 Coordination of Improvement Work. 8.08 Improvements Deferred or Waived. 8.09 Oversizing Improvements Reimbursements. 8.10 Improvement Agreement. 8.11 Form, Filing and Term of Improvement Agreement. 8.12 Minimum Agreement Provisions. 8.13 Additional Agreement Provisions. 8.14 Improvement Security Required. 8.15 Form, Filing and Term of Improvement Security. 8.16 Labor and Materials. 8.17 Liability For Alterations or Changes. 8.18 Release of Improvement Security - Assessment District Proceedings. 8.19 Release of Improvement Security - Completion of Work. 8.20 Withholding Building Permits. 8.21 Acceptance of Improvements. 8.22 Deferral of Improvements For Parcel Maps. 8.01 General Requirements All improvements shall conform to these regulations, City Engineering Standard Specifications and Drawings, and the subdivision standards. Improvement plans shall be competed by the subdivider's engineer prior to the acceptance of the final map for filing. Improvements not completed shall be guaranteed or bonded for, at the option of the City, prior to filing the final map. 8.02 Preparation and Form of Improvement Plans A. Improvement plans shall be prepared by a registered civil engineer . and shall show full details of all improvements required to be 48 r, , installed by the provisions of these regulations, and of all other improvements proposed to be installed by the subdivider within any street, alley, pedestrian way, easement or other public area or right-of-way. Full details shall include cross sections, plans, profiles, estimated costs and specifications. Preliminary plans may be submitted prior to the final plans to allow time for checking and correction. B. The form, layout, scale and other particulars of the plans, and the number of copies to be provided, shall be in accordance with the requirements of the City Engineer. 8.03 Grading Plan A grading plan and specifications prepared substantially in accordance with the preliminary grading plan approved as part of the approved or conditionally approved tentative map shall be submitted as part of the improvement plans. A permit must be obtained in accordance with the provisions of the City's grading regulations. 8.04 Plan Check Fees At the time of the submission of the final improvement plans, the subdivider shall pay a fee for plan checking, in an amount established by resolution of the Council. 8.05 Commencement of Improvement Work Prior to the commencement of construction or installation of any improvements within any street, alley, path, easement or other public area or right-of-way, improvement plans shall have been approved by the City Engineer and Encroachment Permits issued. 8.06 Inspection of Improvement Work All improvements shall be constructed under the inspection of the City Engineer and the subdivider shall cause all such improvement work to be inspected al all times as the City Engineer may establish. The subdivider shall obtain an encroachment permit, pay an inspection fee, and enter into an Inspection Agreement, prior to the commencement of construction of the improvements. 8.07 Coordination of Improvement Work All work and improvements contemplated by and performed under the provisions of these regulations shall be accomplished so as to coordinate 49 C., r� n � LV .#9 and minimize interference with other private or public development and to minimize its threat to public safety. 8.08 Improvements Deferred or Waived The Council may defer or waive all or a portion of the improvements which would otherwise be required if the subdivision map is for the purpose of consolidating existing lots and unsubdivided . parcels, eliminating abandoned streets or alleys, or adjusting boundaries, when there is not public need for such improvements, or such improvements are not immediately necessary. 8.09 Oversizing Improvements Reimbursements As a condition of approval of a tentative map, it may be required that improvements installed by the subdivider for the benefit of the subdivision be of a supplemental size, capacity or number for the benefit of property not within the subdivision, and that the improvement be dedicated to the public. If such condition is imposed, provision for reimbursement to the subdivider, in the manner provided by the Subdivision Map Act, shall be contained in the subdivision improvement agreement entered into pursuant to these regulations, prior to any work being undertaken. 8.10 Improvement agreement If the required improvements are not satisfactorily completed before a final map is filed, the subdivider shall enter into an agreement with the City to make all improvements as may be required upon approval of such map. 8.11 Form, Filing and Term of Improvement Agreement A. The improvement agreement shall be in writing, shall be approved as to form by the City Attorney, and shall be secured and conditioned as provided in this chapter. The agreement shall be recorded prior to or simultaneously with the final map. B. The improvement agreement shall be complete, subject to Council approval, and on file with the City Engineer before the final map is filed for recording. The term of each improvement agreement filed pursuant to the provisions of this section shall begin on the date of recording and end upon the date of completion of fulfillment of all terms and conditions contained therein, to the satisfaction of the Council. 50 C.CC1 :0 8.12 Minimum Agreement Provisions The agreement shall include the following provisions as minimum terms and conditions: A. Mutually agreeable terms to complete all required improvements at the subdivider's expense; B. A provision that the subdivider shall comply with all requirements of these regulations, of this code, and of other applicable laws, and with all terms and conditions of required improvement permits; C. A statement indicating a period of time within which the subdivider shall complete all improvement work; D. A provision that, if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the City may, at its option, complete the required improvement work and the subdivider and his surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the City in completing such work; E. Provision for the repair and replacement of defective material and workmanship of the improvements by the subdivider for a period of twelve months after the improvements have been accepted by the Council; F. A provision guaranteeing payment to the City for all engineering and inspection costs and fees not previously paid and all other incidental costs incurred by the City in enforcing the agreement. 8.13 Additional Agreement Provisions The improvement agreement may also include the following provisions and such other additional terms and conditions as may be required upon approval of the tentative map, or as are determined necessary by the Council to carry out the intent and purposes of these regulations; A. Provision for the repair, at the subdivider's expense, of any damage to public streets which may reasonably be expected to result from hauling operations necessary for subdivision improvements required by these regulations, including the importing or exporting of earth for grading purposes; 51 r; nn � B. Mutually agreeable terms to acquire public easements which are outside the boundaries of the subdivision, at the subdivider's expense; C. Mutually agreeable terms to improve, at some undetermined future date, easements offered and reserved for future public use at the subdivider's expense; and providing that such improvements shall be secured by separate security in the manner prescribed in Section 8.14, and further providing that the requirements of this provision shall not delay the release of any other improvement security provided pursuant to Section 8.14; D. Provisions for reimbursement to be paid to the subdivider shall be as provided in the Subdivision Map Act; E. A provision that the subdivider shall provide to the City, prior to the filing of the final map, letters from each utility company indicating that such companies have agreed to install, and will so install, the public utilities necessary to serve the subdivision. 8.14 Improvement Security Required The subdivider shall secure the foregoing improvement agreement in an amount determined by the City Engineer to be one hundred percent of the total estimated cost of the improvements and any additional act to be performed by the subdivider under the agreement, and such additional amounts as the Council may determine necessary to cover the costs, reasonable expenses and fees, including reasonable attorney's fees, which may be incurred by the City in successfully enforcing the agreement. The requirement of the improvement security shall not be waived under any circumstances. 8.15 Form, Filing and Term of Improvement Security A. The improvement security shall be conditioned upon the faithful performance of the improvement agreement and shall be in one of the forms provided in the Subdivision Map Act. The form shall be the choice of the City in each improvement agreement. (Improvement security for public utility improvements may be in the form of a letter of assurance from the utility.) B. Improvement security shall be filed with the City Engineer, together with the improvement agreement, before the City accepts the final map for filing. The form of the improvement security shall be subject to the approval of the City Attorney. 0 52 Gk: C122 . C. The term of the improvement security, filed pursuant to the provisions of this section to secure the faithful performance of the agreement, shall begin on the date of filing and end upon the date of completion or fulfillment of all terms and conditions of the improvement agreement, to the satisfaction of the Council. 8.16 Labor and Materials When the improvement security provided pursuant to Section 8.14 is a surety bond, it shall be accompanied by a bond for the security of laborers and materialmen in an amount not less than fifty percent of the estimated cost of the improvements. When the improvement security is a cash deposit or instrument of credit, such security shall include an additional amount necessary for the protection of laborers and materialmen, but in no event less than fifty percent of the estimated cost of the improvements. Security for one hundred percent of the estimated costs, including a factor for inflationary cost increases, may be required. 8.17 Liability for Alterations or Changes The liability upon the security given for the faithful performance of the agreement shall include the performance of any changes or alterations in the work; provided, however, that all such changes or alterations do not exceed ten percent of the original estimated cost of the improvement. 8.18 Release of Improvement Security -Assessment District Proceedings If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing of the contractor of the faithful performance and payment bond required by the special assessment act being used, the improvement security to the subdivider may be reduced by the Council by an amount corresponding to the amount of such bonds furnished by the contractor. 8.19 Release of Improvement Security - Completion of Work A. Improvement security may be released upon the final completion and acceptance of the work; provided, however, such release shall not apply to the amount of security deemed necessary by the City Engineer for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorney's fees, incurred by the City in enforcing the improvement agreement. B. The Council shall, upon report by the City Engineer, accept and certify the satisfactory completion of improvement work prior to any release of improvement security covering such work. 53 V't; Lit. 8.20 Withholding Building Permits No building permit or similar entitlement of use shall be issued for the development of any lot within a subdivision until all required improvements are substantially completed or bonded for at the discretion of and to the satisfaction of the City Engineer and Community Development Director; provided, however, building permits and entitlements may be issued for the development of a lot designated as a model home site not to be used for residential occupancy until the final map has been recorded, when the Community Development Director determines: A. The construction of all required improvements has progressed to the extent that completion of and acceptance of the work seems assured to occur within a reasonable period of time; and B. The development of the model home sites will not conflict with work in progress on the construction of the required improvements. 8.21 Acceptance of Improvements After the parcel map or final map has been recorded, all subdivision improvements properly installed in accordance with previously approved plans and specifications shall be accepted by the Council and the subdivider and any other person having an interest in such completion shall be notified in writing by the City Clerk of acceptance by the Council. At the time of acceptance, the City shall assume maintenance of the improvements except as otherwise provided in this chapter. Parcel map and final map improvements will be accepted by the Council. 8.22 Deferral of Improvements For Parcel Maps Improvements required for parcel maps may be deferred until a building permit or other entitlement for development of the parcel(s) is granted by the City, unless the City Engineer and Community Development Director find that completion of improvements is necessary to protect the public health and safety or is a necessary prerequisite to the orderly development of the surrounding area. If these findings are made, the City may require completion of the improvement requirements within a reasonable time following approval of the parcel map and prior to the issuance of permits for development. 54 r, n ; 94 TITLE 11 Chapter 9 SUBDIVISION EXCEPTIONS 9.01 Exception Authority 9.02 Required Findings and Conditions 9.03 Filing Applications - Form and Content 9.04 Planning Commission Action 9.01 Exception Authority The Planning Commission may authorize exceptions to the requirements or standards imposed by these regulations; provided, however, that no exceptions may be made to any requirements imposed by the Subdivision Map Act; and further provided that nothing in this chapter shall be construed as altering or conflicting with the powers and duties of the City to approve variances from the Zoning Ordinance. 9.02 Required Findings and Conditions A. Before any exception is authorized, all of the following findings shall be made: 1. That 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; and 2. That the cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification; and 3. That the modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity; and 4. That 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. 55 0L e. 12 B. In granting any exception the Planning Commission shall impose such conditions as are necessary to protect the public health, safety and welfare, and assure compliance with the General Plan, with all applicable specific plans, and with the intent and purposes of these regulations. 9.03 Filing Applications - Form and Content A. Applications for exceptions shall be filed, in writing, by the subdivider with the Community Development Director upon a form and in the number of copies required for that purpose. B. Each application shall state fully the nature and extent of the exception requested, the specific reasons for it, and the facts relied upon to reach those conclusions. 9.04 Planning Commission Action The Planning Commission shall consider any request for exceptions, and the recommendation on such request, at the same time as the Planning Commission considers the tentative map and shall grant, conditionally grant, or deny the request. 56 r TITLE 11 Chapter 10 REVERSION TO ACREAGE 10.01 Purpose. 10.02 Initiation of proceedings. 10.03 Public hearing. 10.04 Required findings. 10.05 Required conditions. 10.06 Delivery of reversion map to county recorder. 10.07 Affect of filing reversion map with the county recorder. 10.08 Tax bond not required. 10.01 Purpose This section is intended to enable the aggregation of subdivided real property. 10.02 Initiation of Proceedings Proceedings for reversion to acreage may be initiated by the Council on its own motion or by petition of all or the owners of record of the real property within the area to be reverted. The petition shall contain the following: A. Adequate evidence of title to the real property within the subdivision; B. A statement outlining the use, nonuse, viability or lack of necessity for existing easements, offers of dedication or similar attachments which are to be vacated or abandoned or maintained; C. Sufficient data to enable the Council to make all or the determinations and findings required by this chapter; D. A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion, and the boundary of the area to be reverted to acreage; E. Any other pertinent information as may be required by the Community Development Director. 57 CI k � 2 10.03 Public Hearing S After giving notice as specified in Title 9, Zoning, Section 9-1.110 (Public Notice Requirements), the Council shall hold a public hearing on the proposed reversion to acreage. 10.04 Required Findings Before approving the map, the Council shall find that: A. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary of present or prospective public purposes; and B. Either: 1. All owners having an interest in the real property to be reverted to acreage have consented to reversion; or 2. None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or 3. No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record. 10.05 Required Conditions As conditions of reversion, the Council shall require: A. Dedications or offers of dedication necessary for the purposes specified by the regulations set out in this title; B. Retention of all previously paid fees if necessary to accomplish the purposes of the regulations set out in this title; C. Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this chapter. 10.06 Delivery of Reversion Map to County Recorder After the hearing and approval of the final reversion to acreage map by the Council, the City Clerk shall transmit the map to the County recorder for recordation. 58 L.128 10.07 Effect of Filing Reversion Map With the County Recorder A. The filing of the map with the County Recorder shall constitute reversion to acreage of the real property affected, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect. B. When a reversion is effective, all fees and deposits shall be returned and all improvement security released, except those retained pursuant to Section 8.01. 10.08 Tax Bond Not Required A tax bond shall not be required in reversion proceedings. 59 (j VLtl�. 129 TITLE 11 Chapter 11 LOT MERGER 11.01 Purpose. 11.02 Application 11.03 Procedures for lot merger. 11.01 Purpose This section is intended to enable the merger of contiguous parcels where the Community Development Director and City Engineer have determined that requirements for onsite and offsite improvements have been satisfied or will be imposed as a condition of a future entitlement for use of the subject parcel(s). 11.02 Application Application for lot merger shall be made in a form prescribed by the Community Development Director. 11.03 Procedures For Lot Merger A. Upon a determination by the Community Development Director or City Engineer that the lots proposed for merger are legal lots, that the owners of the subject lots consent to the proposed merger approval have either been installed and accepted or will be required as part of a future entitlement for use or development of the subject lots(s), a certificate of lot merger shall be prepared. Said certificate shall describe the new exterior boundary of the lot after merger and shall be recorded in the Office of the County Recorder. B. Action of the Community Development Director may be appealed to the Planning Commission. Appeals must be filed in writing with the Community Development Department within fourteen (14) calendar days of the action being appealed. 60 ut- Ui 30 TITLE 11 Chapter 12 CONDOMINIUM CONVERSIONS 12.01 Purpose and Intent 12.02 Applicability of Other Laws 12.03 Provisions to Govern Condominium Conversion Projects 12.04 Application Requirements 12.05 Acceptance of Reports 12.06 Copy of Report to Buyers 12.07 Tenant Provisions 12.08 Hearing - Notification 12.09 Application - Required Findings 12.10 Property Improvement Standards For Condominium Conversions 12.11 Exceptions to Property Improvement Standards 12.01 Purpose and Intent Condominiums, community apartments and stock cooperatives provide for ownership of separate dwellings, or equity coupled with a right of exclusive occupancy, as well as common areas within multiple-family housing normally managed and maintained by an owner's association. This mix of individual and common ownership and the potential problems of converting existing apartments make special regulations necessary. The City has determined that condominiums differ from apartments in some respects and, for the benefit of public health, safety and welfare, the conversion of such projects should be treated differently from apartments. These regulations are intended to: A. Establish requirements and procedures for the conversion of existing rental housing to residential condominiums and other forms of occupant housing. B. Provide for compliance with the Land Use Element and Housing Element of the City's General Plan. C. Assure purchasers of converted apartments are aware of the condition of the structure which is offered for purchase. 61 CC, 1 D. Provide design and property improvement standards for condominium conversion projects. E. Maintain a healthy inventory of rental housing suitable for persons of low and moderate income. 12.02 Applicability of other laws All condominium projects shall be subject to all applicable provisions of the Subdivision Map Act and Titles 8 and 9 of this code, and all other applicable state and local laws and ordinances. 12.03 Provisions to govern condominium conversion projects The procedures and standards contained in this chapter shall govern condominium conversion projects. 12.04 Application requirements The following shall be provided at the time of application for a condominium conversion: A. Property Condition Report. Theapplication shall be accompanied by a Property Condition Report. This report shall be in addition to and shall not replace any public report required by Government Code Section 66427.1(a) to be submitted to the Department of Real Estate. The Property Condition Report shall include at least the following: 1. A report detailing the condition of all elements of the property including foundations, ventilation, utilities, walls, roofs, windows, mechanical equipment, appliances which will be sold with the units, common facilities and parking areas. The report shall state, to the best knowledge of the applicant, and for each element: the date of construction, the condition, the expected useful life, the cost of replacement, and any variation from the zoning regulations in effect when the last building permit was issued for the subject structures. The report shall include evidence that the internal walls would meet current sound attenuation standards and that all current energy conservation standards are met. In the event the noise and energy standards are not currently met, the report shall explain proposed corrective measures to be used. The report shall identify all defective or unsafe elements or those • which may impair use and enjoyment of the property, and 62 C,r% explain the proposed corrective measures to be used. The report shall be prepared by or under the supervision of a registered civil or structural engineer, licensed general contractor, or architect; 2. A report from a licensed pest-control operator describing in detail the presence and effects of any wood destroying organisms; 3. A report of any known soil or geological problems. Reference shall be made to any previous soil reports for the site. B. Site Plan. The application shall be accompanied by a site plan which shall include at least the following: 1. The location, number of stories, number of dwellings, and proposed use of each structure to remain and for each proposed new structure; 2. The location, use and type of surfacing for all open storage areas; 3. The location and type of surfacingfor all driveways, Y pedestrian ways, vehicle parking areas and curb cuts; 4. The location and number of all covered and uncovered parking spaces; 5. The location of all existing and proposed utility lines and meters; 6. The location, height and type of materials for walls and fences; 7. The location of all landscaped areas, the type of landscaping, method of irrigation, and a statement specifying private or common maintenance; 8. The location and description of all recreational facilities; 9. The location, size and number of parking spaces to be used in conjunction with each unit; 10. The location, type and size of all drainage pipes and structures; 63 11. Existing contours, building pad elevations and percent slope for all driveways and parking areas. C. Evidence of Delivery of Notice of Intent to Convert. The application shall be accompanied by signed copies from each tenant of the notice of intent to convert as specified,in Government Code Section 66427.1. The applicant shall submit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of the notice is not submitted. D. Maps. The application for conversion shall be accompanied by the maps required by the California Subdivision Map Act. Maps shall be processed in conformance with the applicable portions of this Title. The tentative map application shall be accompanied by the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws and contracts for the maintenance, management or operation of any part of the condominium conversion project, which would be applied on behalf of any and all owners of the condominium units within the project. In addition to the requirements of Civil Code Section 1355 and any requirements which might be imposed by the City consistent with these regulations, the organizational documents shall include provisions concerning the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, an estimate of initial fees anticipated for such maintenance, an indication of responsibilities for maintenance of all utility lines and services for each unit. The covenants, conditions and restrictions document shall include a reference to an attached, updated property conditions report. E. Other Information. The application shall be accompanied by any other information which in the opinion of the Community Development Director will assist in determining whether the proposed project will be consistent with the purposes of these regulations. 12.05 Acceptance of reports The Community Development Director shall establish the final form of the Property Condition Report required by this chapter. A copy of any public report submitted to the Department of Real Estate pursuant to Government Code Section 66427.1(a) shall also be submitted to the Community Development Department. Approved reports shall remain on file with the Community Development Department for review by interested . persons. 64 GCL" 34 12.06 Copy of Report to Buyers Each prospective purchaser shall be provided with a copy of all reports in their final form, except the signed notices of intent to convert, prior to entering escrow. Copies of the Property Condition Report shall be available at the sales office and the project site. 12.07 Tenant Provisions A. Notice of Intent to Convert. The applicant shall give each tenant a written notice of intent to convert at least one hundred eighty days before termination of tenancy due to conversion. The notice shall contain at least the following: 1. Name and address of current owner; 2. Name and address of proposed subdivider; 3. Approximate date on which the unit is to be vacated by nonpurchasing tenants; 4. Tenant's right to purchase; 5. Statement of no rent increase. B. Tenant's Right to Purchase. Pursuant to Government Code Section 66427.1(d), the applicant shall give any present tenant a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. This right of first refusal shall extend at least ninety days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. C. Vacation of Units. Each nonpurchasing tenant not in default under the provisions of the rental agreement or lease under which he occupies his unit, shall have the right to remain not less than one hundred eighty days from the date of receipt of notification of intent to convert. D. No Increase in Rents. A tenant's rent shall not be increased during the one hundred eighty day period provided in subsection C. of this section. 65 E. Notice to New Tenants. After submittal of the tentative map, prospective tenants shall be given written notice of intent to convert prior to leasing or renting any unit. 12.08 Hearing - Notification Prior to acting on applications, the Planning Commission shall hold a public hearing, notice of which shall be given tenants of the proposed conversion at least ten days beforehand. 12.09 Application - Required findings An application for condominium conversion shall not be approved unless the following findings are made: A. All provisions of these regulations have been met or will be met; B. The proposed conversion is consistent with the General Plan; C. That there exists facts adequate to support the findings required under Sections 66473.5 and 66474 of the Government Code; D. The proposed conversion will not displace a significant number of low-income or moderate-income households or senior citizens at a time when no equivalent housing is readily available in the City. 12.10 Property improvement standards for condominium conversions A. Building and Zoning Regulations. Conversion projects shall substantially comply with the City's building and housing codes and zoning regulations in effect on the date the application for conversion is accepted as complete. B. Fire Safety. Each living unit shall be provided with approved smoke detectors mounted on the ceiling or wall at a point centrally located in the area giving access to rooms used for sleeping purposes. C. Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protection appliances shall be retained in operable condition at all times and shall comply with the current City standard. D. Utility Metering. The consumption of gas, electricity, and water within each unit shall be separately metered and there shall be circuit breakers and shutoff valves for each unit. 66 0Li36 E. Storage. Each unit shall have provision for at least 100 cubic feet of enclosed, weatherproof and lockable private storage space, exclusive of cabinets and closets within the unit, and the space normally required for parking a vehicle in a garage. This space shall be for the sole use of the unit owner. The minimum opening shall be two and one-half feet by four feet and the minimum height shall be four feet. F. Laundry Facilities. A laundry area shall be provided in each unit, or in common laundry space. Common facilities shall consist of at least one washer and dryer for each ten units or fraction thereof. G. Parking. The number of parking spaces, including the provision of covered spaces, shall be as provided in the zoning regulations. Spaces for the exclusive use of each unit shall be so marked. Visitor parking and special stopping zones, if any, shall also be marked. H. Refurbishing and Restoration. All structures, common areas, sidewalks, driveways, landscaped areas, and facilities, if defective, shall be refurbished and restored to a safe and usable condition. All deficiencies shall be corrected prior to recordation of the final map. I. Private Open Space. There shall be provided with each unit a minimum of 100 square feet of qualifying private open space. To qualify, open space must be private and directly accessible from the unit it serves, and must have a minimum dimension in every direction of ten feet for open space provided at ground level or six feet for open space provided on a balcony or elevated deck, and must be located outside the required front yard setback. 12.11 Exceptions to property improvement standards Upon request by a subdivider, the Planning Commission may approve exceptions to property improvement standards for conversion projects. The nature of the exception shall be described in public notices for Commission hearings on the condominium map. The Commission may approve exceptions on the request only after a public hearing. In order to approve an exception, the Planning Commission must make the exception findings required by Section 11.44.02*. 67 �s� irl : 37 TITLE 11 Chapter 13 ENFORCEMENT 13.01 Generally 13.02 Illegal Subdivisions - Notification of Community Development Director Required 13.03 Certificate of Compliance - Application - Fee. 13.04 Certificate of Compliance -Application - Determination 13.05 Certificate of Compliance - Recordation 13.06 Illegal Subdivisions - Permit Issuance Prohibited 13.07 Penalty 13.01 Generally Except as otherwise provided in this title, the City Engineer is authorized and directed to enforce the regulations set out in this title and the Subdivision Map Act for subdivisions within the City. 13.02 Illegal subdivisions - Notification of Community Development Director required Any officer or employee of the City who has knowledge that real property has been divided in violation of the Subdivision Map Act or the regulations set out in this title, shall immediately so notify the Community Development Director. Upon receipt of the information, the Community Development Director shall file the notices required by the Subdivision Map Act. 13.03 Certificate of compliance -Application - Fee A. Any person owning real property, or the agent or representative of such person, may file an application for a certificate of compliance to determine whether such real property complies with the provisions of the Subdivision Map Act and of this ordinance. Such applications shall be filed with the Community Development Director. The application shall be reviewed by the City Engineer and the Community Development Director, who shall be responsible for the issuance and recordation of the same. The form of the application shall be prescribed by the City Engineer and the Community Development Director. 6s 0�� i38 B. A nonrefundable fee in an amount specified by resolution of the Council for each lot or parcel for which a certificate is sought, shall accompany the application. 13.04 Certificate of Compliance -Application - Determination A. Within thirty days after the filing of the application for a certificate of compliance, the Community Development Director shall grant, conditionally grant, or deny such application. B. If at any time during the processing of the application for a certificate of compliance, the City Engineer and the Community Development Director determine that additional information or data is required, the applicant shall be promptly advised in writing, by mail, of the additional material to be supplied before further action will be taken on the application. C. If the application for a certificate of compliance is to be conditionally granted, the City Engineer and the Community Development Director shall impose all conditions reasonably necessary to protect the public health, safety and welfare. D. The applicant shall be notified, in writing, of the action taken on the application and of the findings of fact supporting the decision. If the application for certificate of compliance is denied, notices shall be filed as required by Section 13.02. 13.05 Certificate of Compliance - Recordation A. The certificate of compliance shall be filed for recording with the County Recorder by the Community Development Director. Such certificate shall identify the real property and shall state that the configuration thereof complies with applicable provisions of these regulations and all other provisions of this code regulating the division of land within the City. B. A certificate of compliance granted with conditions shall not be recorded until all conditions have been met, or until assurance that such conditions will be met, in a form approved by the City Attorney and accepted by the City Engineer and the Community Development Director. C. If the application for a certificate of compliance is to be conditionally granted, the City Engineer and the Community Development Director shall impose all conditions reasonably necessary to protect the public health, safety and welfare. 69 C1 • J t L 13.06 Illegal subdivisions - Permit Issuance Prohibited M No board, commission, officer or employee of the City shall issue any certificate or permit, or grant any approval necessary to develop any real property within the City which has been divided, or which resulted from a division, in violation of the provisions of the Subdivision Map Act or of this title. 13.07 Penalty Any offer to sell or contract to sell, or any sale contrary to the provisions of this title is a misdemeanor, and any person, corporation or other entity, upon conviction thereof shall be punishable as set forth in Title 1 of this code, except that nothing contained in this chapter shall be deemed to bar any legal, equitable or summary remedy to which the City or other political subdivision or person, corporation or other entity may otherwise be entitled, and the City or other political subdivision or person, corporation or other entity may file an action in the Superior Court of the State, in and for the County of San Luis Obispo, to restrain or enjoin any attempted or proposed subdivision or sale in violation of this title. Any transfer or conveyance, or purported transfer or conveyance, or agreement to transfer or convey any parcel of land without compliance with the terms of this title shall be voidable at the option of the transferee in accordance with the provisions of Section 11540 and 11540.1 of the Business and Professions Code of the State, as the same may be amended from time to time. 70 ITEM NUMBER: C- 1 DATE: 01/25/2000 leis I p 1979 Atascadero City Council Staff Report - Community Services Department Disposition of Surplus City Equipment RECOMMENDATION: Staff recommends Council authorize the City Manager to enter into an agreement with Asset Liquidations for the disposition of miscellaneous surplus City equipment, excluding vehicles. DISCUSSION: Surplus City equipment such as office furniture, computers and miscellaneous office equipment accumulates throughout the year, excluding vehicles. These surplus items take up considerable space and are frequently not in condition for any future use by City staff. As a result, City staff periodically conducts surplus auction sales to liquidate these unneeded assets. Sufficient quantities of surplus equipment are now on hand to warrant a surplus auction sale. Staff recommends that a contract be signed with Asset Liquidations of Paso Robles for the disposition of the City's current surplus equipment. Asset Liquidations will remove surplus equipment from City property and sell it, using one of four methods: private sales to direct specialty markets, public sales with semi-fixed pricing, auctions with no minimum bids and a buy bid of the remaining property from Asset Liquidations. In exchange for their service, Asset Liquidations retains 50% of the proceeds generated from the sales. Asset Liquidations provides this service for other agencies, including the City of Paso Robles and the County of Santa Barbara. Despite what may appear to be a high percentage of the proceeds, this arrangement is beneficial to the City. In the recent past, City staff has conducted the surplus sales, with the assistance of private auctioning services. These private auctioning services provide an auctioneer, put lot numbers on the equipment and collect the payments. For their services, they charge approximately 10% of the gross sales. Generally, surplus auction sales are conducted on City property and require significant staff time. City staff transport and catalog the surplus equipment, advertise and promote the sale, supervise preview days and auction days, and provide a finance department employee to monitor the collection of the sale proceeds. Considerable staff time is invested into the conduct of each of these sales. In addition, the amount of money generated from the surplus auction sales is entirely dependent on the size of the crowds attracted to the auction. Recent City surplus auction sales have not produced significant revenue. r GC2014 ITEM NUMBER: C- 1 DATE: 01/25/2000 Other local Auction Services, that conduct weekly or monthly sales, charge agencies between 15% and 40% depending on the amount that the specific items are sold for. The local Auction Services retain a higher percentage of the proceeds from items sold for lesser amounts and a lower percentage from items sold for higher amounts. In addition, other local Auction Services use only on-site auctions to sell the surplus equipment. Asset Liquidations will use several different sales methods to sell the surplus equipment at the highest possible value, increasing the amount of money generated for the City. In addition, the City will reduce the amount of staff time devoted to the disposition of surplus equipment. Asset Liquidations will pick up our surplus equipment at a specified location and then store the equipment on their property until it is sold. After the equipment is sold, the City will receive a check for 50% of the sale price, along with an itemized listing of all of the sales to date. FISCAL IMPACT: Approval of this agreement will generate an indeterminate amount of revenue for the City of Atascadero. ALTERNATIVES: Direct staff to conduct the surplus equipment auction as in years past. ATTACHMENTS: Proposed agreement between the City of Atascadero and Asset Liquidations � Li�� CONTRACT FOR THE DISPOSITION OF SURPLUS PROPERTY BETWEEN THE CITY OF ATASCADERO (CLIENT) AND ASSET LIQUIDATIONS SCOPE Client commissions Asset Liquidations the exclusive authority to sell all surplus goods of Client(as identified in Exhibit A attached hereto)for no minimum value by any means necessary determined by Asset Liquidations which could include but is not limited to direct marketing,public or private sale,or by public or private auction to the highest bidder. Client certifies to have the authority to enter into this contract and,when necessary,will provide title and ensure that all property is free from all encumbrances. Client agrees to accept all responsibility for providing merchantable title and for delivery of title to the purchaser. Client agrees to hold harmless Asset Liquidations against any claims of the nature referred to in this agreement. Client agrees and understands that Asset Liquidations is not responsible for loss, theft, or damage to consigned items,as well as any product liability claim. COMPENSATION As contracted by Client, Asset Liquidations will retain 50%(fifty percent)of the gross proceeds from the sale of all surplus property. In the event that Asset Liquidations is forced to incur extraordinary expenses in connection with the liquidation of the surplus property,Asset Liquidations shall have the right to retain up to 10%of the gross proceeds to cover said actual costs.Evidence of such expenses will be provided in the form of receipts. Notwithstanding the ten percent(10%)cap,Asset Liquidations shall seek prior written approval from Client before incurring expenses in excess of$150.00. CHECKS AND BALANCES/AUDITS Client will be fiunished upon demand the following records: 1) Itemized receipts of goods sold documenting inventory,cash value,and to whom sold. 2) Itemized receipts and description of all expenses for goods sold. 3) All books,records,tax statements,and computer files relating to the disposition of surplus goods for Client. TAXES All appropriate state and local sales tax will be collected and paid to the State Board of Equalization by Asset Liquidations. Tax collected is not to be considered part of the"gross sales"or"gross proceeds". • Page 1 of 2 GLi43 REFERRAL Client agrees to direct all prospective buyers of any and all surplus merchandise to Asset Liquidations. TERM Term of contract shall be three(3)months commencing from the date of full execution. Contract may be severed at any time upon discovery of fraud, embezzlement,collusion,or any other act,which violates local, state,or federal law. APPROACH The following methods may be used to dispose of the aforementioned surplus property,although not necessarily in any specific order: Method I: Private sales to direct specialty markets. Method II: Public sales with semi-fixed pricing. Method III: Auction with no minimum bid. Method IV: Buy bid of remaining property from Asset Liquidations,subject to confirmation by Client. Client's Authorized Signature Print Name/Tide Date Address 6500 Palma Av.,Atascadero, CA 93422 Telephone/Fax 805 461-5003/ Asset Liquidations Print Name/Title Andre Lekai Date Address 612 12`h Street Paso Robles, CA 93446 Telephone/Fax 805 237-1243/805 237-0720 Page 2 of 2 Cr '14 L tn.'1 ITEM NUMBER: C-2 DATE: 01/25/2000 A1IIe �'® i 1 191$ 1979 Atascadero City Council Staff Report - City Manager's Office Legislative Priorities RECOMMENDATION: Adopt Resolution establishing the City's legislative priorities for 2000. DISCUSSION: The City is impacted each year with new legislation at the State and Federal level. Often the • City Council or staff takes positions on legislation impacting city goals or operations. The Council in the 1999 Strategic Planning workshop indicated that the City should adopt a list of legislative priorities that could be used with State and Federal representatives to promote Atascadero's legislative agenda. The attached resolution contains a variety of issues that impact Atascadero and establishes a legislative position on those issues. FISCAL IMPACT: None ALTERNATIVES: Modify legislative positions included in the Resolution. ATTACHMENTS: Draft Resolution Draft RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING THE CITY LEGISLATIVE ACTION PROGRAM AND PRIORITIES FOR 2000 WHEREAS, major objective of the City Council is to adopt an aggressive legislative program which strengthens local government, promotes City goals and defends the City against legislative actions by State and Federal governments that would weaken local government and/or take away traditional revenue sources; and WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively communicate with State Legislators and Federal representatives in order to favorably influence State and Federal legislation, regulations and grant requests; and WHEREAS, the League of California Cities conducts a legislative analysis and advocacy program on behalf of cities for State issues and major Federal issues; and WHEREAS, the County has a direct impact upon the quality of life in Atascadero, it is imperative that the City maintain quality communications and WHEREAS, the City desires to be proactive and involved in the governmental decision making processes directly affecting the City legislative priorities identified in Exhibit "A", the League of California Cities legislative priorities identified in Exhibit "B", and other selected issues as may from time to time be recommended by the League of California Cities; and WHEREAS, a key component of the City's Legislative Action Program is face to face meetings between City representatives and elected officials at the Federal, State, and County levels, and coordination with similar efforts made by other local government entities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atascadero does hereby establish the Legislative Action Priorities for 2000, as set forth in the G� �. � � U City of Atascadero Resolution No. Page 2 attached Exhibits "A" and "B", and authorizes staff to take positions on legislation generally consistent with the Legislation Action Priorities and such other resolutions and recommendations of the League of California Cities as may be from time to time presented to the City. BE IT FURTHER RESOLVED, that City staff is directed to schedule meetings, as appropriate and convenient, with our Congressional, State Senate and State Assembly representatives to discuss and promote the City's legislative program, and to continue efforts to improve communications and relationships with the County Board of Supervisors and north county cities to further our interests in land use and water issues. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2000 Ray Johnson, Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney J uL �l�� � CITY OF ATASCADERO • CITY LEGISLATIVE ACTION PRIORITIES FOR 2000 FEDERAL PRIORITIES • Requiring funding of federally mandated programs or eliminating such mandates • Promoting continued and increased funding sources for transportation • Obtaining new funding sources to expand low and moderate income housing • Supporting legislation that provides regulatory relief to local government in complying with the Fair Labor Standards Act and overtime provisions for exempt employees • Supporting continued funding for the Land and Water Conservation Grant Program • Supporting legislation which strengthens the ability of cities to control their public rights-of— way and apply zoning regulations relative to the telecommunications industry • Supporting legislation to increase the availability of grant funding to replace aging infrastructure of all types; e.g.: streets, bridges, water and sewer systems, etc. • Endorsing legislation which provides local government with a fair share tax on catalog and internet sales; and opposing legislation that limits state or local authority to tax catalog or Internet sales • Supporting legislation which assists welfare reform to work in a positive way and provides funding for the social service programs of local non-profit organizations • Obtaining cooperation and prompt approval from the EPA and Army Corps of Engineers for necessary flood control projects • Supporting legislative action to retain the existing process of local judicial review of land use decisions, thus avoiding preemptory, premature intrusion of federal courts into matters best known to local authorities at the local level • Opposing mandatory social security for newly hired local governmental employees • Supporting legislation to promote the responsible and cost effective reuse of biosolids • Promoting Federal efforts toward preservation of open space, coastal resources, signature land forms, wetlands, and other natural resources or areas threatened by development �� � 01c; $ STATE PRIORITIES FINANCE • Supporting efforts to protect the City from loss of revenues due to State mandates • Supporting legislation that strengthens opportunities for local fiscal independence • Returning ERAF • Supporting efforts to "protect, preserve and reform" local government revenue sources" • Supporting legislation which better assures any reductions in Vehicle License Fees by the State will be back-filled to local government in a permanent way COMMUNITY DEVELOPMENT • Opposing mandated State approval of local General Plan Elements, such as implementing and compliance with State General Plan Housing element law • Promoting funding sources to encourage the retrofitting of unreinforced masonry buildings • Promoting state efforts toward preservation of open space, coastal resources, signature land forums, wetlands, and other natural resources or areas threatened by development • Promoting realistic housing requirements in the Housing Element • Promoting the concept of Urban Growth Boundaries PUBLIC SAFETY • Preserving city's authority to investigate police misconduct • Preserving city's authority to establish emergency medical service levels • Increasing City authority to regulate group homes for juvenile offenders • Continuing support for disaster preparedness/earthquake preparedness • Supporting efforts to secure higher levels of cost recovery for DUI's • Supporting efforts to expand the scope of parental responsibility for crimes committed by minors • Supporting efforts to provide the Governor with authority to override the parole board when anyone convicted of a violent offense is proposed to be released on parole • Preserving the authority of local control on issuance of concealed weapons permits • Retaining budget commitments for Public Safety supplemental funding — State COPS program • Supporting legislation to help curb underage drinking • Supporting another ABC inspector to work on minor/alcohol issues • Opposing new or increased state fees for state provided law enforcement service TRANSPORTATION • Changing Gas tax laws to allow local tax for transportation purposes based on a majority vote of the public • Increasing transportation funding (including transit, bicycles, others) PERSONNEL/EMPLOYEE RELATIONS • Further reforming Worker's compensation • Preserving the fiscal integrity of PERS • Opposing binding arbitration and expansion of the "Peace Officers' Bill of Rights" • Monitoring employee healthcare/benefit changes • Opposing the establishment of the Public Employees Relations Board (PERB) as an authority over local government employee relations disputes PUBLIC WORKS • Better defining "qualified" bidders in public contracts bidding • Redefining Prevailing wages as "average" local wages • Streamlining Federal and State process for funding street projects • Increase to $20,000 limits of work (from $5,000) for public projects not requiring competitive bidding U • • Obtaining grant funding for seismic retrofit projects (buildings, bridges, etc.) PARKS AND RECREATION • Supporting recreational programming , particularly for youth within the City • Supporting funding for: protection of natural resources (e.g., the Lake), open space, and parks development • Supporting funding for rehabilitation of existing parks • Supporting efforts at the State level for a park and open space bond measure • Obtaining grant funding for a Community Center • Improving the timeliness and accuracy of fingerprinting for volunteers • Obtaining grant funding for the preservation of historic buildings UTILITIES • Providing funding for reclaimed water programs • Supporting legislation to enhance local government's ability to comply with solid waste requirements • Supporting legislation to increase availability of grant funding for replacement of aging infrastructure • Supporting legislation promoting the responsible and cost-effective reuse of biosolids • Supporting legislation to streamline the state regulatory permit process through the use of general permits COUNTY PRIORITIES • Reaching agreement with the City of San Luis Obispo on solutions for Salinas Reservoir expansion and Nacimiento pipeline projects • Developing consistency between the City and County General Plans, particularly to emphasize the concepts that (1) urban development should be municipal, and (2) unincorporated areas shall remain rural, agricultural, or open space in character • Creating a North County Government Center in Atascadero G ; - • Improving regional solid waste management • • Developing cooperative approaches for providing services on a regional basis • Discussing and resolving issues on the City periphery, such as conversion of agricultural zoning to residential subdivision and industrial use, allowing increases in density in residential and industrial areas, allowing substantial development beyond the City's urban reserve line and giving greater credence to and respecting the integrity of the City's planning process • Continuing to work with other cities to convince the County that urban-like development should take place within the boundaries of cities, and not in the unincorporated areas — and especially not within the urban growth boundaries of cities t` l; 1J2 PI Ledque of California Cities 1400 K Street ISL18981998 Sacramento,CA 95814 916.658.8200 FAX 916.658.8240 Better Cities—A Better Life www.cacities.org Priorities for the Millennium The 2000 legislative session promises to continue debate on several key city issues carried over from the 1999 session. It is an election year and many believe that little of consequence happens in an election, yet, some of the Legislature's more recent and major accomplishments have taken place in election years. Among the key issues cities can expect to encounter in the 2000 session are the following: Local Government Fiscal Reform This issue was a big part of the discussions in 1999 and city officials can reasonably expect the discussion to continue and likely accelerate in 2000. By current estimates, the state is running about $400 million ahead of the revenue projections used to put the 1999-2000 state budget together. Rumors, and at this point they are just rumors, place the "budget surplus" for the 2000- 2001 budget process once again in the multi-billion range. If this turns out to be true, it is the fourth year in a row with a substantial budget surplus. A surplus of this magnitude increases the possibilities for a local government finance solution. On the downside, the state is facing a number of potential fiscal obligations that were not anticipated in the 1999-2000 budget. There is a court ruling on school funding that could obligate the state for a substantial settlement. Another court has ruled adversely on a tax imposed in the early 1990's on the registration of out-of-state automobiles. The state appears to be moving to repay taxpayers who have paid this tax. This is estimated to be an $800 million price tag. Finally, a lower court has ruled that the transfer of property taxes from local governments to the benefit of the state general fund in the early 1990's was a state-mandated cost for which the state is financially responsible. This case on the property tax is only at the initial stages with a superior court ruling. The decision will undoubtedly be appealed by the state and may takes years to settle. A1Lof these obligations and potential obligations will make the state more fiscally cautious about long-term financial commitments. The Governor and his chosen style of governance may also play into the local government fiscal reform effort. He has proclaimed that he wants to "govern from the middle." He has also demonstrated that above all else he is cautious when it comes to long-term commitment. Any meaningful reform of local government has got to involve stability which requires a need to commit. The Governor's approach may mean the delay of long-term local government financial packages until after the next election. Added to this backdrop of legislative and gubernatorial interest in financial reform are the many commissions and task forces that have produced or are producing recommendations for J N r'is U 1 .j improving state and local fiscal relationships. Among the first to put forward recommendations is . the task force formed by the Controller. At the heart of the Controller's report is a substantial change to the distribution of sales tax revenues. Other commissions aiming at the end of 1999 or early 2000 for final recommendations include the Speaker's Commission, the Governor's task force on infrastructure, the Hertzberg Commission and the Consensus Project. All of these groups will be making recommendations and many are likely to end up in legislative proposals in either the 2000 legislative session or later sessions. The League is working with an internal task force of city officials to advise the organization on the best approach to these proposals and to develop a proposal that the League intends to support and promote. The League is also working closely with the California State Association of Counties to explore common recommendations that the two organizations can support. It is incumbent on the League and CSAC to develop a proactive approach to state and local fiscal reform. The legislative leadership has challenged both organizations to offer a local government sponsored solution. The issue of fiscal will likely dominate discussions in the 2000 session. Employee Benefit and Employment Rights Mandates Last session did not meet all of the expectations of local government labor representatives, but then perhaps those expectations were a bit too high, at least for the first year of the Governor's term. There were mandates passed and signed that city officials will have to pay for in upcoming years, but many of the more important labor proposals were postponed, at least temporarily, until the 2000 session or beyond. Topping the list of city concerns in the upcoming session is the proposal by Senator John Burton to mandate a system of compulsory and binding arbitration for the resolution of collective bargaining disputes with public safety employees. SB 402 remains alive in the second house (Assembly) and will likely become a topic of hot debate in 2000. The bill stalled in the last weeks of the legislative session when the proponents (police and fire unions) and the Governor could not agree on the scope of a compulsory and binding arbitration proposal. The Governor wants arbitration limited to salary and benefits only, while police and fire unions want to subject salaries, benefits and all other terms and conditions of employment to the arbitration process. This promises to be a major fight, again, next session. Also on the labor relations agenda is a proposal to re-write the collective bargaining law for local governments, increase workers compensation and unemployment insurance benefits and increases in both retirement benefit options and possible further retirement benefit mandates. It's a long agenda and it may take more than one or two years to complete. Transportation Finance Last session was characterized by considerable debate over a transportation finance package that includes a constitutional change to the current two-thirds vote requirement for special taxes dedicated to transportation purposes. The proposal would reduce this two-thirds vote to a majority vote. We are optimistic that the Legislature and Governor in the 2000 session will be engaged in more than debate and that a transportation finance package will actually emerge. In addition to the majority vote issue, there is significant disagreement between the Democrats and Republicans about the central elements of a finance package. The Democrats are pushing a bond measure to finance the state and local transportation system. The Republicans are pushing a package that attempts to utilize state general fund moneys to finance transportation on a"pay-as- you-go" basis. Both proposals represent problems for a properly funded transportation system. Neither proposal relies on the "user pays" principle that should be the heart of any finance package. To offer a bold prediction at this preliminary point in the legislative process, the chances for a city win is much more of a reality in transportation finance debate than it is in the area of long- term local government finance reform. Conclusion These predictions for 2000 are just that - predictions. Every session produces a list of surprises and the 2000 session is likely to follow this rule. Please keep closely informed through League publications such as the Legislative Bulletin and other alerts sent from the League office. City officials did a great job of responding in the 1999 session to requests for legislative contacts. It is important to keep this up as we move in to the 2000 session. f U ,.. J ITEM NUMBER: C-3 DATE: 01/25/2000 n s 19 18 1 � 19]979 \�Tt1'SCADF�% Atascadero City Council Staff Report - Community Services Department Request to Place Sewer Connection Fees on the Property Taxes RECOMMENDATION: Staff recommends Council deny this request. DISCUSSION: Mr. & Mrs. Lizama purchased their property at 3405 El Camino Real in August of 1998, in February of 1999, their leach field failed. Although a public sewer main existed adjacent to this • property (on the opposite side of El Camino Real), because this property was located outside the Urban Service Line, connection to the public sewer was restricted. Unfortunately, attempts to repair the leach field were unsuccessful. Acknowledging the necessity to protect public health, previous Council action granted this property an exemption to the City ordinance that prohibits public sewer connection for properties outside of the Urban Service Line. The property can connect to the public sewer; however, because of the high cost of installing a sewer lateral across the entire width of El Camino Real the owners are asking that the connection fees of$2058 be placed on their property taxes for repayment over time. These fees are usually collected upon issuance of the connection permit. Section 7-3.009 of the Municipal Code establishes procedures for the City to perform the connection and place all construction costs and fees on the property taxes for a period of 15 years at an interest rate of 10%. Mr. Lizama has indicated that he is asking to have the only the connection fees placed on his taxes. Staff is recommending denial of this request, as it would set a precedent allowing the financing of connection fees. Administratively, there is no system in place to automatically levy this charge each year; charges would need to be tracked separately and submitted as an individual levy item. • G0Gi56 ITEM NUMBER: C-3 DATE: 01/25/2000 ALTERNATIVES: Alternative #1: Establish criteria that allow the financing of connection fees only in cases where construction costs will be significantly higher than normal, and financial hardship can be demonstrated. Advantage: Reduces the financial burden to the property owner. Disadvantage: Collection of fees are delayed; levy must be tracked and placed on the taxes annually. FISCAL IMPACT: Approval would delay collection of the fees; however, interest would be charged and collected. ATTACHMENTS: Letter from Mr. & Mrs. Lizama dated 12-15-99 • • J � GC L ��7 RECEIVED Ben 5El 8a� le oReama Atascadero,Ca 93422 Home Phone 805-461-6838 DEC 1 5 1999 - COMMUNITY DEVELOPMENT December 15, 1999 City of Atascadero 6500 Palma Avenue Atascadero,Ca 93422 805461-5020 Dear City of Atascadero Counsil, We live at 3405 El Camino Real. We bought this house in Aug, of 1998 and starting in Feburary we have had septic problems. We started out by having the system pumped and that lasted three days. We then tried to repair the existing leach field. That also failed within two weeks. We then moved our leach field and used the newest product recommended to us. That also failed within three weeks. When we moved our leach field we did have the ground perk tested and were told it would be fine. We also had been pu the o ertunity to connect into the city sewer. We were finally granted permission to connect into the city sewer system due to the many problems we have on our property with ground water. We have spent over$4,000•dollars trying to have liveable conditions'during this time. As'a family of 6 it was necessary to have a working septic system. As we approach the final steps of our connection into the city sewer we are finding the costs are very high. We would like to ask that the city please tak into consideration how much we spent trying to fix the problem without connecting into the sewer and the cost that we are now incuring, and add the charges from the City onto our taxes. It would help us out and allow us to complete this project in a timely maner. Thank you for your time and consideration to our request. Ben and Barbie Lizama 12/14/99 Sincerely, Your name goes here 1 } J N+ r;, nn ITEM NUMBER: C-4 DATE: 01/25/2000 x 1918 � � 19 9 \ATA�c'W10, Atascadero City Council Staff Report - City Manager's Office Request from Air Pollution Control District (APCD) for Contribution towards the Central Coast Ozone Study (CCOS) RECOMMENDATION: Staff recommends Council authorize $2,500.00 contribution and appropriate the funds from the reserve funds. DISCUSSION: The County of San Luis Obispo and all the cities in the County have received the attached letter from the APCD requesting a contribution towards the CCOS, which is a massive data collection effort to evaluate ozone formation and transport across most of central and northern California. As the letter explains, the study area covers nearly two-thirds of the state. The APCD is asking for support to help assure that the data collected is thorough enough to answer remaining questions about ozone transport and formation affecting our County. This study will piggy-back on a larger California study being conducted concurrently which will allow a significant cost savings. The information collected will help the APCD to determine what additional control measures may be needed in the future. The APCD request states that for San Luis Obispo County to command the attention needed to have equipment placed where it will give us the information we need, we must come to the table with additional resources. They are asking us to make a contribution of $2,500 or whatever other amount we would consider appropriate. Staff polled the other cities in the County and the County itself to find out where they stand on this issue. The following is the results of that poll: City / County Decision Arroyo Grande No contribution Grover Beach No contribution Morro Bay $2,500 contribution Paso Robles $2,500 contribution Pismo Beach $1,000 contribution San Luis Obispo $2,500 contribution San Luis Obispo County No decision 0 U 1. 59 AIR POLLUTION RECEIVED CONTROL DISTRICT ^ COUNTY OF SAN LUIS OBISPO SEP 2 9 1999 ATASCADERQ G.TY MANAGER September 24, 1999 Wade McKinney, City Manager City of Atascadero 6500 Palma Ave. Atascadero CA 93422 Dear Mr. McKinney: I am writing to encourage the City of Atascadero to play a key role in determining future directions air quality management will take in San Luis Obispo County. As you know, San Luis Obispo County is currently a nonattainment area for the State ozone and PM10 (fine particulate) standards. Since adoption of our first Clean Air Plan in 1991, air quality at all of our coastal monitoring stations has shown steady improvement. However, ozone air quality in the north county has declined over the same period. California Air Resources Board staff have performed a comprehensive analysis of existing monitoring data which indicates that transport of pollutants from both the San Joaquin Valley and Monterey County may be a significant contributor to our north county ozone exceedances. Unfortunately, existing monitoring data is not sufficient to provide a definitive answer. An extensive air monitoring and analysis study will take place during the summer of 2000 to gather scientific information about ozone formation and transport over a broad geographic region. The Central Coast Ozone Study (CCOS) is a massive data collection effort to evaluate ozone formation and transport across most of central and northern California. The study area covers nearly two-thirds of the state and includes twenty-six air districts, extending from the Pacific Ocean to east of the Sierra Nevada and from Redding to the Mojave Desert. We need your support to help assure that the data collected is thorough enough to answer remaining questions about ozone transport and formation affecting our County. CCOS will piggy-back on the California Regional PM10/2.5 Air Quality Study(CRPAQS), an even larger particulate monitoring effort that will be conducted concurrently over the same area. CRPAQS is being developed and supported by a large consortium of federal, state and local air quality agencies, state and local government, and affected industry, and will cost over$28 million. Integrating CCOS into the particulate study allows a significant cost savings. The total budget for CCOS is currently estimated at $6-$7 million dollars, with the California Air Resources Board, California Energy Commission and a few air districts providing the bulk of that funding. CCOS is directed by a public-private committee consisting of the major participants. District staff is participating on the Policy Committee and the Technical Committee. The Study will provide many air districts, including ours, with much better tools for understanding our air quality problems. In particular, it will provide critical information that will be used to better determine the contribution of pollution from outside the County, especially via Monterey County and the San Joaquin Valley. 3433 Roberto Court • San Luis Obispo,CA 93401 • 805-781-5912 • FAX; 805-781-1002 deanair@sloapcd.dst.ca.us ❖ www.sloapcd.dst.ca.us 0�,n 16 9 >, 1 i)nnted on recvded DaOer Air Resources Board Alan C.Lloyd,Ph.D. Chairman . Winston H.Hickox 2020 L Street P.O.Box 2815 • Sacramento,California 95814 www.arb.ca.gov Cray Davis Secretaryfor Governor Environmental Protection June 28, 1999 Mr. Robert Carr Air Pollution Control Officer San Luis Obispo County Air Pollution Control District 3433 Roberto Court San Luis Obispo, California 93401-7126 Dear Mr. Carr: I am writing to encourage your district to take an active role in both the design and implementation of the Central California Ozone Study(CCOS) scheduled for the summer of 2000. The study domain will cover most of Northern and Central California, as shown on the map in Attachment 1. The CCOS will take advantage of equipment already in the field for the California Regional Particulate Matter Study (CRPAQS) to gather scientific information about ozone formation and transport in a broad geographic domain. Data from CCOS will form the foundation for ozone plans in 2003 —helping districts within the study area to prepare attainment demonstrations for both the federal and State ozone standards. Because of the intensive resource outlay required for a large-scale field study, CCOS will likely be the only opportunity to collect the ozone data needed for attainment demonstrations for the next decade. Attachment 2 provides a further description of the ozone study. Both the CRPAQS and the CCOS are guided by a Policy Committee composed of representatives from local, state, and federal agencies, as well as the private sector. The Policy Committee approves the recommendations of a Technical Committee and guides the overall direction of study. It is important to have Policy Committee participation from districts that will depend upon study information to develop future control strategies and attainment demonstrations. At its May 21, 1999 meeting, current Policy Committee members discussed the need to involve all affected air districts in the design of the ozone study. We strongly encourage your district's participation—whether as a funding sponsor, a contributor of in-kind resources, or through active involvement in the Committee meetings. The next meeting of the Policy Committee is scheduled for.;uly 16 from 10 a.m. to 12:00 p.m. The meeting will be a teleconference with sites available at the ARB offices in Sacramento, and at the San Joaquin Valley Unified Air Pollution Control District offices in Modesto, Fresno and Bakersfield. The meeting will focus on the draft CCOS workplan which can be downloaded at the following address: www.arb,ca.gov/ccags/CCOS/ccos.htm. To obtain a copy of the meeting notice or if you do not have web access and would like a copy of the draft CCOS workplan,please contact Ms. Susan Paul at(916) 322-6048. LLi�2 California Environmental Protection Agency � Printed on Recycled Paper iMr. Robert Carr -2 - June 28, 1999 In addition to the Policy Committee, the CRPAQS/CCOS organizational structure includes a Technical Committee that oversees the research plans and recommends contracts to the Policy Committee. The membership of the Technical Committee is similar to that of the Policy Committee. We have also established workgroups to address specific topics, for example Emission Inventory Coordination, Data Analysis and Modeling, and Meteorology. District participation has been valuable in past technical workgroups, and we welcome your participation at the Technical Committee and in individual workgroups. The next Technical Committee meeting time and location will be posted on the website (www,arb.ca.zov/ccags/CCOS.) To provide additional information about the CRPAQS/CCOS goals, outline the impact the field study results will have on your district, and discuss how you can most effectively participate in the design and implementation of the CCOS workplan, we have scheduled an informational meeting for local air district planning staff. If you or your staff plan to participate by conference call, please notify Ms. Kellie V(illiams at (916) 322-0285 so we can arrange enough lines. Thursday, July 8 10:00 a.m. - 11:30 a.m. Air Resources Board, Second Floor 2020 L Street, Sacramento By phone Call in number: (888) 422-7109 Participant code: 375311 If you have any questions about the ozone study or the meeting, please contact Ms. Lynn Terry, Deputy Executive Officer, at(916) 322-2739. Sincerely, 0 Michael P. tinny Executive Officer Attachments cc: (with attachments) Barbara Patrick, Chair of the Policy Committee Stew Wilson, California Air Pollution Control Officers Association �i- U Central Coast Ozone Study September 24, 1999 Page 2 This information will help the District and Air Resources Board during the next Clean Air Plan update to determine what additional control measures may be needed to achieve and maintain the health-based air quality standards for ozone. It is my belief the study will show that there is significant transport from both Monterey and the San Joaquin Valley, and that we will not be required to place heavy new burdens on our businesses and citizens to meet the ozone standards. Additionally, measures may then be taken in those upwind areas that will improve air quality in our County. The District will be expending significant resources on the study,but we just don't have the funding necessary to provide all of the monitoring needed. What we do need is an atmospheric profiler which will provide data on winds aloft, allowing us to determine periods of transport into the County. The cost of leasing this equipment for the period of the study is $90,000; we hope to split the cost of this item with the Monterey Bay Unified Air Pollution Control District. We also need to establish a new air monitoring station in the northeastern part of the County to track pollutants entering from the east. This will cost between$55,000 and$60,000. Operational costs will probably run between $10,000 and $20,000, not including District staff time. The CCOS Technical and Policy Committees agree that the data gaps which currently exist require at least this much additional monitoring (data from the existing District and ARB stations will be used in the study) to allow assessment of ozone formation in San Luis Obispo County. The APCD Board has identified up to $56,000 that may be available for the study. The total estimated cost for our participation in CCOS ranges from $110,000 to $125,000, not including in-kind services. We plan to maintain control of most or all of the local funding to assure that it is used for the local need, and the East County Monitoring station will be retained and operated by the District for some time to come. Because of the large size of the study area and the cost of such an intensive data collection effort, the currently available funding for CCOS is not adequate to provide comprehensive data collection in all areas. While our needs are viewed as important by other study participants, there are many competing interests for where the available monitoring resources will be placed during the study. For San Luis Obispo County to command the attention needed to have equipment placed where it will give us the information we need, we must come to the table with additional resources. I hope you will join us in this effort by making a contribution to the District of$2,500 or whatever other amount you consider to be appropriate. Enclosed is a letter from the Executive Officer of the California Air Resources Board with a map of the study area and brief description. Please call me, Larry Allen or Paul Allen at 781-5912 if you would like additional information. Sincerely, Obert . Carr, APCD c: Councilperson Mike Arrambide Gir-L 114 c; .'.1�t?�,cri':,,,�"rr t�{-f'"j1j•�',.r�%y�e .t ,lr �' yat',�. ��-�.'�.. •4o�SSSld��Jl. : .i��f s � �r��,,f,�:r.;i`" iii^..tce�cY •" r?a.A r✓�* air8rx= rj TIS+* r+ .�.ZC�.I� r "aTi "� ✓aif"f{ /R t"77 e .. l'a� �f �,'9�'r��.r rAy a � }f�;l "moi�_�".,7'�'!"�• rl'�n„� ,j,.� �w'Jr'- -�": 'r-r5 ;fit»" ? ;►Y+`�; •- o.rey xfj L'.^'S•I , •I/ i+.J� »ox �• .G•'rI t ��� y�•�r• �°�rr'�.r-7*-;, � �n�.�%ell�h���+�/�...-- f� � 5. Y f � 1� 1{ r 10 MA -'5!A Go MAN it K �,i��AY^�� ��• JJf1 �� Ore +i! & •`krz �i'�'*�i�:i9 M'�'`� w"g�if''�j� s"o MPA • 1. Ifs �.'�T•-���v+t�.r.�I ,.r+�•,�: !�'�� {,rf�. ��f��-. .<.�pbr�-'�� ',. i t�i1��M�?nry�.•�.�,• a"�,�.�+� \ �"'Tli/=,Cej r• t ft j i J y/ . (,erW�'�a•Il/d�d�w•'•�'.li'�, ,,�a`� .t�'t."rr f MO. ' • • ,id,�?. � r`'Yv.3� T3.1"en'w�.� Rv I/�f� �. '••,���l!"t' ,II 'L �.t L. twMtG'n �:�'"�^�.1•��i.L�;J'{ -'✓s t a S?�':„ �.,c. 1�,/i, �l � f y�i�+'�i�v t Y•p.d�"'+�� tG/Tr;,Arx J pit itf . f_ .awl i°•-1,. } T ,7777- lei sr .r � ;f„f is.. � ��.:�� �x'7^4✓G � �.:r .lt" � �'rd� � � r.,�� 'I-�..z�l f:=rir��Mfr.....��• ����rl,. "- �tZT' r��W .Si �^h✓/'�j.`lI f� Jlf` ,w/--,9 r Attachment 2 CENTRAL CALIFORNIA OZONE STUDY Most of central and northern California violates either the State or federal air quality standards for ozone. The ozone problem is regional—precursor emissions and ozone are transported between districts, in addition to being generated locally. The purpose of the Central California Ozone Study(CCOS) is to better understand the nature of the ozone problem across the region,providing a strong scientific foundation for the next round of State and federal attainment plans. STUDY DESCRIPTION—CCOS is a multi-year study to examine ozone formation and transport in central and northern California. It will provide emissions,meteorology, and air quality data to use in grid-based photochemical models. The study area extends from Redding in the north to the Mojave Desert in the south, and from the Pacific Ocean in the west to the Sierra Nevada Mountains in the east. The study includes six main components: • developing the experimental design of the field study(task is already underway); • conducting an intensive field monitoring study scheduled for June-September 2000; • quality assurance and quality control,plus data analysis; • developing an emission inventory to support modeling; • developing and evaluating a photochemical model for the region; and • evaluating emission control strategies for the next ozone plans. The field monitoring portion will update and refine previous work by capturing new air quality and meteorological data using state-of-the-science monitoring equipment. Much of this data will be collected continuously over the entire summer. However,to gain a better understanding of the dynamics and formation of high ozone concentrations within the study region, additional air quality data will be collected for up to 20 days during multi-day ozone episodes. Aircraft and remote sensing instruments will measure special air quality data at the surface and aloft during those episodes. In addition to the air quality and meteorological data from the field study, improved emissions estimates are a critical input for the photochemical model. An extensive effort is already underway to improve the emission inventory within the study domain, and an Emission Coordination Group has been established to guide the inventory development. ARB, air districts, the California Department of Transportation, and local transportation agencies are participating in the group. MANAGEMENT—CCOS is directed by the same public-private committee responsible for the successful San Joaquin Valley Ozone Study and the planned California Regional PM10/2.5 Air Quality Study. These studies are landmark examples of collaborative environmental -management. The proven methods and established teamwork provide a solid foundation for CCOS. BUDGET—At this time, about$5 million is available for the core field study—$2.25 million from the ARB and$3 million from the California Energy Commission. The Policy Committee is continuing to seek additional funding which would allow us to augment the study. CCOS is integrated into the California Regional PM10/2.5 Air Quality Study which allows a significant cost savings. 0 For more information, contact Terry McGuire, Chief Planning and Technical Support Division, at(916) 322-5350 California EnvironrnenW Protection Agency Junemsoard . 1999 CM Air&=urces B ``/r V r, � J �1V L U i ITEM NUMBER: C-5 DATE: 01/11/2000 i#®.i i ® n 19-79 \A�'ScnnE80/% Atascadero City Council City Manager's Office Information Bulletin A. Meeting for New Area Code in 805 NPA The 805 Area Code in California is projected to exhaust during the third quarter of 2004. On February 2, 2000, the North American Numbering Plan Administration is hosting a meeting, moderated by the California Public Utilities Commission, for the local jurisdictions to review potential alternatives for the 805 area. A staff member will attend the meeting. B. Employee Update Marie Adams Office Assistant III Hired 1/10/2000 Charissa Lyman Reserve Firefighter Resigned 1/15/2000 Chris Neel Reserve/Seasonal Firefighter Resigned 1/15/2000 Scott McEwen Reserve/Seasonal Firefighter Resigned 1/15/2000 Rod Landis Reserve/Seasonal Firefighter Resigned 1/15/2000 Andre Acebo Reserve Firefighter Resigned 1/15/2000 C'' 0016