HomeMy WebLinkAboutCC_03_26_2024_Public Comment Received by EmailFrom:Trudy Valdez <>
Sent:Friday, March 22, 2024 4:56 PM
To:City Clerk
Subject:This is for the City Council Meeting on March 26th.
Attachments:General Plan Meeting Letter 03262024.docx
Hello!
My parents, Edward and Judy Young would like the attached letter to be considered a public comment
objecting to the proposed 2045 General Plan.
Please contact me if you have any questions.
Thank you,
Trudy Valdez
Mistletoe Realty
Cell
Public Comment Received by Email
03/26/24 City Council Meeting
RE: For the City Council meeting scheduled for March 26, 2024
To Whom It May Concern;
We own and . We oppose the proposed
zoning “Community Recreation.” The main reason the property is undeveloped, is the restrictive “Public
Zoning.” No one, including government, has asked to buy our land for government buildings or parks.
The main interest has always been housing. The best use for this land is housing. The land is flat and
adjacent to Paloma Creek Park and Atascadero Children’s Center. California is experiencing a housing
shortage. It is insulting to give medium density to a neighboring property that is already developed with
a church and not to our undeveloped property. With the current housing shortage and for the highest
benefit to the Community, we ask that you give our property a mix of high and medium density, so that
it can finally be developed for what is most needed. In our younger days we built single family houses,
PUDs, California Manor Senior Housing and Atascadero Children’s Center. We have owned this land
since 1977 and would really like to see it be developed.
Thank you for your time and consideration.
Edward Young, General Contractor and Housing Provider
Judy Young, Real Estate Broker and Housing Provider
If you have any questions, please contact our daughter Trudy Valdez at
Public Comment Received by Email
03/26/24 City Council Meeting
From:David Broadwater <>
Sent:Sunday, March 24, 2024 6:48 PM
To:City Clerk; City Council; Heather Moreno; Susan Funk; Charles Bourbeau; Mark Dariz;
Heather Newsom
Cc:Jim Lewis; Kelly Gleason; Phil Dunsmore; Mariah Gasch; Sam Mountain; Loreli Cappel;
Larisse Lopez
Subject:Comment - General Plan Update Project 3-26-24
Attachments:deb CC Gen Plan UpDate 3-26-24.pdf
to: Atascadero City Council
re: Agenda Item C -1 General Plan Update Project
date: 3-26-24
from: David Broadwater
Please find attached my comments on the above agenda item, give them due consideration and include them in the record for
this matter.
Thank you,
David Broadwater
Atascadero
Public Comment Received by Email
03/26/24 City Council Meeting
To: Atascadero City Council
re: Agenda Item C -1 General Plan Update Project
date: 3-26-24
from: David Broadwater, 54-year resident
We have an enormous and unique environmental and economic
resource right in our own back yard. Yet, it remains untapped due
to its abuse, neglect of our General Plan and lack of enforcement of
our Municipal Code and California laws. That resource is the Salinas
River and the ecosystem it supports. We extract our water from the
aquifers under it, but don’t fully recognize or utilize the potential
laying at our feet. It’s time to change that, and reap the rewards
the Salinas has to offer us, if we’ll only take advantage of them.
Within our grasp is the opportunity to stimulate our economy, create
businesses and jobs, and to enhance the quality of life for
Atascaderans.
For decades, numerous local people have enjoyed walking, riding
horses, walking dogs and bird watching along the banks of the River,
and experiencing the large ponds created by the beavers whose
dams clean the water and recharge the aquifer upon which we
depend. Now, folks come from far and wide to see and learn about
the benefits they bring, and the reintroduction of this once nearly
extinct species.
But, for far too long, this area has been ravaged by motorized
vehicles (dirt bikes, ATVs, trucks, etc.) rampaging through it night
and day, destroying vegetation and trails, scaring people, spooking
horses and driving wildlife away. As a result, the degradation of this
resource continues unabated.
The General Plan Update presents an opportunity to, not only
repair the damage, but to become acknowledged as stewards of the
Salinas River. We’re the city closest to it headwaters and have a
responsibility to demonstrate its proper care. How we treat it affects
those downstream all the way to Monterey Bay.
Public Comment Received by Email
03/26/24 City Council Meeting
Included below are excerpts from the current General Plan, and
the General Plan Update process, which can serve as a foundation
for realizing the potential awaiting us. Following those, are excerpts
from the Municipal Code and California laws and regulations. They
represent tools available now to protect the Salinas River corridor
and prevent further damage to it with our own law enforcement
capabilities.
Finally, I add some concluding remarks from a broader and,
perhaps, philosophical perspective.
GENERAL PLAN
Below are excerpts from the Land Use, Open Space &
Conservation Element of the current General Plan. It appears that
the City has been deficient in implementing some of the guidelines
that are meant to form the basis of its decision-making. Some text
is emphasized in bold.
Land Use, Open Space & Conservation Element
…
E. Land Use, Open Space, and Conservation Goals, Policies and
Programs
…
2. Open Space Policies
…
Goal LOC 6. Preserve natural flora and fauna and protect scenic
lands, sensitive natural areas…
Policy 6.1: Ensure… not degrade scenic and sensitive areas, …
creeks, riparian corridors, wetlands,… valuable habitats.
Programs:
…
4. Scenic and sensitive lands… creeks, riparian corridors,
wetlands… habitat value shall be protected from
destruction, overuse, and misuse by the use of zoning,
5. Public and private development in close proximity to scenic
and sensitive lands, including creek reservations,… flood
plains… shall be designed to minimize impacts.
Public Comment Received by Email
03/26/24 City Council Meeting
6. … open space dedications shall be required… impact,
floodplains, creek reservations…
7. …shall carefully evaluate… projects to require the
preservation... watersheds… other natural features.
…
Goal LOC 8. Watershed… shall be protected.
Policy 8.1: Ensure… development along… Salinas River…
riparian areas does not… adversely impact riparian
ecosystems and water quality.
Programs:
1. Work with other agencies to implement the Erosion
Control Assistance Program for review of development proposals
to minimize sedimentation of creeks and the Salinas River.
2. Update the Appearance Review Manual to include provisions
for preserving, reclaiming and incorporating riparian
features in conjunction with new development.
3. The waterways in the City shall be maintained in a
natural state…
…
6. Prohibit new structures or disturbance of riparian habitat
along creek banks…
…
9… Salinas River shall be preserved for open space and
recreational use… left in their natural state for public
enjoyment and habitat purposes.
10. Land disturbance shall be minimized in proximity to
watercourses including necessary flood protection measures,
11. Areas subject to flooding… shall be protected from
unsound development consistent with the City's flood hazard
ordinance requirements.
…
13. Support the establishment and protection of floodable
terraces, wetlands, and revegetation along creeks and
streams.
Policy 8.2: Establish and maintain setbacks and development
standards for creek side development.
Program:
Public Comment Received by Email
03/26/24 City Council Meeting
1. … setbacks and development standards along the banks…
Salinas River to ensure… protection of the riparian
ecosystem…
…
Policy 8.3: Preserve public creek reserves for public access,
and ensure that recreational use does not impact habitat
value and open space
Programs:
1. Develop park, trail, and recreational amenities… in
public creek reserves.
2. Require… trail easements and access points as part of…
development
…
Goal LOC 11. Provide an adequate supply of City park facilities to all
Atascadero residents.
Policy 11.1: Acquire parkland… future development of park and
recreation facilities
Programs:
…
7. Require new subdivisions along the Salinas River to provide
controlled public access to the Salinas River and De Anza Trail
for pedestrian and equestrian recreation.
8. Support the development of equestrian staging areas and
trail systems throughout the community including a Salinas
River / De Anza trailhead at the north end of town and other
appropriate locations.
GENERAL PLAN UPDATE
Below are excerpts from documents derived from the General Plan
Update process, expressing the desires of the community for
improved access to and enjoyment of our natural surroundings,
especially the Salinas River area. Some text is emphasized in bold.
Community Engagement Series #1 Summary: Vision for the
Future
Recreation and Open Spaces
• Increase Walking/Biking Trails. Recommendations to create
more walking and biking and walking trails and make
Public Comment Received by Email
03/26/24 City Council Meeting
connections between existing trails, parks and open spaces and
throughout the city. …
• Increase or Improve and Maintain Parks and Open Space.
Acquire and create more parks and open space,…
• Value Rivers as a Community Asset. Create more… open
space, access points and paths all along… rivers (particularly
the Salinas River throughout town) with amenities
(tables/benches, places to recreate) to make them safer and more
enjoyable. Maintain regular stream/creek cleanups. Create a
river center for research (Cal Poly/Cuesta
students/professors) and education.
• Parks and Open Space as Economic Opportunity… creating
more attractions, open spaces, increasing and
improving… river-related features and recreational
options and events promoting their use will help create
jobs, draw visitors interested in nature and ecotourism.
• Protect and Preserve Native Flora, Fauna and Habitat.
Plant more trees in the city… regenerate/protect native
wildlife, habitat, and plants, specifically beavers…
• Provide More Outdoor Recreational Facilities and Activities.
…
• Provide Family-Inclusive and Age-Specific Activities.
Provide activities that are inclusive of all ages… caring for
playgrounds and connecting them to trails providing easy
hikes and nature walks with educational signage.
Existing Conditions Atlas
Recreation and Open Spaces
Parks, Open Spaces and Trails: …
… Opportunities exist to improve linkages to parks through
new or expanded trails (… Juan Bautista de Anza National
Historic Trail).
… New trail connections could be created to better link
major recreational destinations and the Salinas River…
…
Creeks and Rivers: … The waterways provide important
wildlife corridors connecting the Salinas River to the Santa Lucia
Mountains are designated critical habitat areas for South-Central
California Steelhead Trout. They also provide recreational
Public Comment Received by Email
03/26/24 City Council Meeting
opportunities for many residents. The creeks have been highly
impacted by problems with trash, illegal dumping, off-road vehicle
use, and urban pollution that has significantly degraded the quality
of the habitat. Protecting and enhancing these areas can better
support the local ecosystem, and improve water flow (and reduce
localized flooding risks), and increase the quality of life for
residents. In addition, the Salinas River has been identified as a
key natural resource that should be protected and bolstered as
a region
MUNICIPAL CODE
Illegal and damaging activities are occurring in the Salinas River
riparian corridor, and being conducted with impunity due to the lack
of law enforcement by city officials authorized to enforce the
Atascadero Municipal Code, violations of which are misdemeanors,
not infractions.
Below are the relevant sections of the Municipal Code, including
Title 5 Public Welfare - Chapter 8 Waterway Intrusions, Title 1
General Provisions - Chapter 3 Penalty Provisions, and Title 12 Code
Enforcement - Chapter 1 Violations, Penalties And Enforcement and
Chapter 2 Administrative Citations.
https://library.qcode.us/lib/atascadero_ca/pub/municipal_code
Atascadero, California Municipal Code
…
https://library.qcode.us/lib/atascadero_ca/pub/municipal_code/item
/title_5
Title 5 PUBLIC WELFARE
…
https://library.qcode.us/lib/atascadero_ca/pub/municipal_code/item
/title_5-chapter_8
Chapter 8 WATERWAY INTRUSIONS
…
https://library.qcode.us/lib/atascadero_ca/pub/municipal_code/item
/title_5-chapter_8-5_8_02
Public Comment Received by Email
03/26/24 City Council Meeting
Section 5-8.02 Prohibited uses and activities.
Each of the following uses and activities is prohibited:
(a) The parking, operation or use of private motorized vehicles,
including but not limited to motorcycles, ATVs, dune buggies,
recreational vehicles, automobiles, go-carts, motorized skateboards
or trucks in the riparian corridor.
(b) Allowing or causing the accumulation, storing, placement,
dumping or disposing of pollutants in the riparian corridor, unless
done with a properly issued City grading permit or in an emergency
flooding situation to protect life and property.
(c) Allowing or causing the migration of pollutants into the
riparian corridor. (Ord. 236 §1, 1992)
https://library.qcode.us/lib/atascadero_ca/pub/municipal_code/item
/title_5-chapter_8-5_8_03
5-8.03 Enforcement.
A violation of any provision of this title shall be a misdemeanor.
Penalties for a violation of this chapter shall be as set forth in
Chapter 3, Title 1 of this Code. (Ord. 236 §1, 1992)
Chapter 8 of Title 5 clarifies the terms used in Section 5-8.02:
https://library.qcode.us/lib/atascadero_ca/pub/municipal_code/item
/title_5-chapter_8-5_8_01
5-8.01 Definitions.
(a) “Riparian corridor” means the area of land within the normal
high water levels and the land containing riparian vegetation
immediately adjacent to the following waterways:
(1) Atascadero Creek;
(2) Graves Creek;
(3) Salinas River.
The definition above shall apply until superceded by an “Official
Creekway Map” as adopted by the City Council. When such a map or
maps are adopted, the “riparian corridor” shall be that area so
designated on that map for that area of the waterway
Public Comment Received by Email
03/26/24 City Council Meeting
(b) “Intrusion” means any encroachment or activity into the
riparian corridor, as listed in Section 5-8.02 below, which may
adversely impact the drainage, flora and fauna of the specified
riparian corridors.
(c) Pollutants means any harmful substance, including but not
limited to chemicals, fuels, fill materials, lumber, petroleum
products, sewage, domestic animal waste and any other substance
which could adversely impact drainage; cause flooding; contaminate
water; destroy or damage flora or fauna. (Ord. 236 §1, 1992)
Chapter 3 of Title 1 cites violations which are “specifically deemed
a misdemeanor by this Code”, as in Section 5-8.03 regarding
Waterway Intrusions above. Violations include, in addition to overt
acts of commission, covert acts of omission.
https://library.qcode.us/lib/atascadero_ca/pub/municipal_code/item
/title_1
Title 1 GENERAL PROVISIONS
…
https://library.qcode.us/lib/atascadero_ca/pub/municipal_code/item
/title_1-chapter_3
Chapter 3 PENALTY PROVISIONS
…
https://library.qcode.us/lib/atascadero_ca/pub/municipal_code/item
/title_1-chapter_3-1_3_02_1
1-3.02.1 Infractions: misdemeanors.
Any violation of the provisions of this Code, as amended from time
to time, shall be deemed an infraction, unless deemed a
misdemeanor pursuant to Section 1-3.03 relating to prior
convictions, or unless deemed a misdemeanor by the City Attorney
when the complaint is filed with the Clerk of the Municipal Court, or
unless specifically deemed a misdemeanor by this Code.
…
1-3.05 Prohibited acts.
Public Comment Received by Email
03/26/24 City Council Meeting
Whenever in this Code any act or omission is made unlawful, it
shall include causing, permitting, aiding, abetting, suffering, or
concealing the fact of such act or omission. (Ord. 10 § 30, 1979)
…
Chapters 1 and 2 of Title 12 set forth the financial and penal
punishments for misdemeanors, and authorize police officers and
non-safety employees to issue administrative citations for violations
of the Municipal Code.
https://library.qcode.us/lib/atascadero_ca/pub/municipal_code/item
/title_12
Title 12 CODE ENFORCEMENT
https://library.qcode.us/lib/atascadero_ca/pub/municipal_code/item
/title_12-chapter_1
Chapter 1 VIOLATIONS, PENALTIES AND ENFORCEMENT
…
12-1.05 Misdemeanor.
Any person violating any of the provisions or failing to comply with
any of the mandatory requirements of this Code may be prosecuted
for a misdemeanor. Written citations for misdemeanors may be
issued by police officers or by nonsafety employees designated by
Section 12-2.02 of this Code. Any person convicted of a
misdemeanor under the provisions of this Code shall be punished by
a fine not exceeding one thousand dollars ($1,000.00) or
imprisonment for a term not exceeding six (6) months, or by both
such fine and imprisonment. (Ord. 460 § 4, 2004)
…
https://library.qcode.us/lib/atascadero_ca/pub/municipal_code/item
/title_12-chapter_2
Chapter 2 ADMINISTRATIVE CITATIONS
https://library.qcode.us/lib/atascadero_ca/pub/municipal_code/item
/title_12-chapter_2-12_2_02
12-2.02 Authority.
Public Comment Received by Email
03/26/24 City Council Meeting
(a) Any responsible person violating any non-emergency health
or safety violation provision of this Code, its adopted codes, or
applicable State Code, may be issued an administrative citation by
an enforcement officer as provided in this chapter. A violation of this
Code includes, but is not limited to, all violations of this Code, the
Uniform Codes adopted by the City Council, failing to comply with
any condition imposed by any entitlement, permit, agreement or
environmental document issued or approved under the provisions of
this Code.
…
CALIFORNIA VEHICLE CODE
Below are two sections of the California Vehicle Code: Division
16.5. Off-Highway Vehicles and Division 17. Offenses and
Prosecution. Section 38319 of the CVC makes it illegal to damage
land, plants and animals with an off-highway motor vehicle and
Section 40000.24 makes that a misdemeanor. As set forth in
Municipal Code Section 12-2.02 above, City of Atascadero police
officers and non-safety employees are authorized to enforce these
sections of the CVC. As with the Municipal Code, violations include
acts of omission in addition to acts of commission.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?l
awCode=VEH§ionNum=38319.
California Legislative Information
VEHICLE CODE - VEH
DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] (Division
16.5 added by Stats. 1971, Ch. 1816.)
CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321]
(Chapter 5 repealed and added by Stats. 1976, Ch. 1093.)
ARTICLE 6. Littering and Environmental Protection [38319 - 38321]
(Article 6 added by Stats. 1976, Ch. 1093.)
38319.
No person shall operate, nor shall an owner permit the operation
of, an off-highway motor vehicle in a manner likely to cause
Public Comment Received by Email
03/26/24 City Council Meeting
malicious or unnecessary damage to the land, wildlife, wildlife
habitat or vegetative resources.
(Added by Stats. 1976, Ch. 1093.)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?l
awCode=VEH§ionNum=40000.24.
California Legislative Information
VEHICLE CODE - VEH
DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610]
(Division 17 enacted by Stats. 1959, Ch. 3. )
CHAPTER 1. Offenses [40000.1 -
40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )
ARTICLE 1. Violation of Code [40000.1 - 40008] (Article 1 enacted
by Stats. 1959, Ch. 3. )
40000.24. A violation of any of the following provisions shall
constitute a misdemeanor and not an infraction:
…
(e) Section 38319, relating to protection of the environment.
(Amended by Stats. 1984, Ch. 1015, Sec. 3.)
CALIFORNIA DFW LAWS AND REGULATIONS
Under the California Department of Fish and Wildlife’s Fish and
Wildlife Protection and Conservation regulations, any activity by
anyone that alters or disrupts the natural flow of a river, its banks,
channel or bed is committing an illegal act. Note that section 1602
below pertains to the protection and conservation of beaver habitat.
As to whether Section 12-2.02 of the Atascadero Municipal Code
authorizes a city official to issue an administrative citation due to
violation of these CDFW regulations, i.e., whether either is
considered an “applicable State Code”, is unknown at this time by
the author of this letter.
https://wildlife.ca.gov/Conservation/Mammals/Beaver#574411146-
laws-and-regulations
California Department of Fish and Wildlife
Public Comment Received by Email
03/26/24 City Council Meeting
Beaver
…
Laws and Regulations
…
FGC § 1602. Fish and Wildlife Protection and Conservation (opens in
new tab).
Any person, state or local governmental agency, or public utility
must notify CDFW prior to beginning any activity that may divert or
obstruct the natural flow of any river, stream, or lake; or change the
bed, channel, or bank of any river, stream, or lake.
CDFW requires a Lake and Streambed Alteration (LSA)
Agreement when a project activity may substantially adversely affect
fish and wildlife resources.
Modification of a beaver dam or lodge may require a LSA
Agreement. Contact your CDFW local office before installing any
beaver devices.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?l
awCode=FGC§ionNum=1602
California Legislative Information
FISH AND GAME CODE - FGC
DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958]
(Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. )
CHAPTER 6. Fish and Wildlife Protection and Conservation [1600 -
1617]
(Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
1602.
(a) An entity shall not substantially divert or obstruct the natural
flow of, or substantially change or use any material from the bed,
channel, or bank of, any river, stream, or lake, or deposit or dispose
of debris, waste, or other material containing crumbled, flaked, or
ground pavement where it may pass into any river, stream, or lake,
unless all of the following occur:
…
Public Comment Received by Email
03/26/24 City Council Meeting
CONCLUSION
Something rather profound is emerging from the process of
updating our city’s General Plan, including and transcending people’s
desire for enhanced interaction with, and protection of, the Salinas
River corridor. There is a nascent recognition of the need to expand
and deepen our relationship with it.
While there’s widespread desire within our community for more
open and natural spaces, trails connecting them, especially along the
Salinas River, there’s also a broader vision for the future about the
value of the river as a regional economic, recreational, educational,
and tourist attraction, creating businesses and jobs for
Atascaderans.
We can improve the quality of life and stimulate the economy for
our neighbors, and be known as premier custodians of that which
nourishes our souls and bodies. It’s time for a change in our
perspective and philosophy in our relationship with this irreplaceable
and invaluable resource. If we treat it well, the Salinas River and
the environment to which it gives life will return the favor in
manifold and unforeseen ways.
Situated as we are, the city nearest the River’s headwaters, we
can’t escape our responsibilities as its caretaker, nor can we afford
to separate them from our opportunities. If we accept them, it will
take sustained community commitment and resources, but the
alternative is to resign ourselves to continued befoulment of our own
nest.
The City of Atascadero has a legal and ethical responsibility to
enforce its own and the state’s laws to protect the invaluable
resource that is the Salinas River, its watershed and riparian corridor
from the historical and current degradation to which it has been, and
is being, subjected.
The least we can do right now is to begin enforcing the law.
There’s simply no reason or excuse for not doing so. Only then can
we begin to truly respect and embrace that which nurtures us in so
many ways. Some straightforward law and order in this area is
mandatory, and only a first step in that direction.
Public Comment Received by Email
03/26/24 City Council Meeting
This is a simple and fervent plea for you to honor your oaths of
office and perform your duties as our elected representatives.
Public Comment Received by Email
03/26/24 City Council Meeting
From:Kathleen Aragon <>
Sent:Monday, March 25, 2024 10:30 AM
To:City Clerk
Subject:Agenda Item C-1 for March 26, 2024
To Whom It May Concern:
Since 1972 (pre-incorporation), I have owned and lived in a home on a flag lot of 0.6 acres located at
(w/sewer, water & utilities) which is designated SFR-X and zoned LSF-X.
For the purpose of providing secure housing for my family in the future, I respectfully request that my
property be rezoned to Medium Density and/or that the flag lot be allowed to be split according to SB-
9.
The lots directly across from mine on San Jacinto are all zoned Medium Density.
Thank you for considering this request.
Sincerely,
Kathleen Aragon
(Landline, unable to receive texts)
Public Comment Received by Email
03/26/24 City Council Meeting
Public Comment Received by Email
03/26/24 City Council Meeting
From: Scott Newton <>
Date: March 26, 2024 at 11:04:03 AM PDT
To: City Council <CityCouncil@atascadero.org>
Subject: General Plan Update - Focus Area K
Mayor and City Council,
I have reviewed the proposed changes in the General Plan Update in detail and their effect on
my properties and I have a number of concerns. I submitted a project consistent with the P
zoning on two parcels five years ago for a project that was twice approved by the Planning
Commission. Unfortunately, the approvals were twice appealed by City Councilmembers who
also voted to uphold their appeals & deny my project. During both processes the Planning
Director and many on the dais said the land should be used for residential. Three years ago,
I applied for a General Plan Amendment to rezone to residential, consistent with the direction I
heard from the City, but that request was refused because I was told the General Plan
Amendment was "just around the corner." Three years is a long time to hold property to wait
for an opportunity to develop. Now that the General Plan Amendment process is finally
here, I’m surprised that a rezone for my parcel does not include residential use, but rather a
new and obscure zoning called “Community Recreation”.
Community Recreation is defined in the staff report "This new designation is designed to
accommodate privately owned sites that support indoor and outdoor recreational uses such as
ball courts, go kart tracks, putting ranges, small sports fields, mini golf, and related uses that
support private enterprise, as well as community focused uses such as churches and childcare
centers."
My property has been subject to two full sets of engineering drawings that include grading &
drainage studies demonstrating that this land can be developed without any negative flooding
impacts. Based on the site work & City required frontage improvements, the costs to prepare
Public Comment Received by Email
03/26/24 City Council Meeting
my site for development, exclusive of building materials, labor, cost of construction, land, &
carrying costs is well over $1M which would render this "private recreation zoning"
infeasible. Furthermore, your decisions about the new zone that is not common in other
jurisdictions & the one City that I found that used it did not include churches & childcare. Ask
yourself which recreational use, church or childcare businesses in your City employ 79 people
(as noted in the staff report), this number is currently not supported by any publicly available
information. There are already many empty commercial & retail businesses sites due to the
high cost of rent, labor, operations & the change in consumer desires. Your decisions about
placing this new, rarely used zoning, should not be predicated on the estimated job creation of
79 jobs that will not materialize based on high development costs since a business, by its very
definition, is a profit-making venture.
The Community Recreation zone is not the proper zoning for my parcels. The approved uses of
a go-kart track or pickle ball court are not consistent with the neighborhood. And a go-kart
track would most likely not be deemed as appropriate on the city’s Gateway that was also the
topic at my hearings.
My parcels are surrounded by commercial to the north, high density residential to the east, low
density to the west, and Colony Homes to the south. Basic land use and planning clearly
demonstrates that my land should be medium density residential, if not high density
residential. Medium-density is a great transition zone as it is compatible with the
neighborhood, is supported by the neighborhood, and can provide cost effective housing
options for market rate first-time home buyers. Attached you will find a site plan that
demonstrates how effective this zone would be with the duplexes that I am proposing.
I do find it interesting that the existing P Zone nearby to the south is being considered for
medium density. A corner that is across from Dove Creek Commercial would be a natural next
phase for another mixed-use project. The property has frontage on three sides that makes it
ideal for commercial use. I realize that the Dove Creek Church is seeking housing under SB4,
however that should not be justification for rezoning to what is not the highest and best use.
SB4 offers many safeguards for affordable housing that would not be there if you rezone the
property to medium density versus processing of their SB4 application. The church has a path
to provide housing if they choose to seek it.
I have attached the proposed new zoning that will allow for development and takes into
account any limitations that were identified in the staff report. I would appreciate you taking
the time to review them. General Plan Updates are huge undertakings that often involve third-
party consultants. Mistakes do happen in the process but there is time to correct this one. My
zoning recommendation would protect the city’s “gateway”, allow for greater job and sales tax
creation, and offer better neighborhood compatibility.
To be clear. I object to any further devaluation of my property or downzoning of my property.
The modifications to the General Plan P zone appear personal and have the appearance of a
regulatory taking. If the Council wants this property to remain Open Space, then it should buy
the land.
Regards,
Public Comment Received by Email
03/26/24 City Council Meeting
Scott Newton
Public Comment Received by Email
03/26/24 City Council Meeting
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E VIEJO CAMINOEL CAMINO REAL0'15'30'60'LOT NO. 52.35 ACRESADDRESS045-342-0010APN11505 EL CAMINO REALATASCADERO, CA 93422LOT NO. 71.89 ACRESADDRESS045-342-0009APN11405 EL CAMINO REALATASCADERO, CA 93422SITE DATAVICINITY MAPNTSPROJECT
NORTH
TRUE NORTHSITE PLANPublic Comment Received by Email03/26/24 City Council Meeting
Public Comment Received by Email
03/26/24 City Council Meeting
Public Comment Received by Email
03/26/24 City Council Meeting