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Minutes 021098
Approved as Submitted Meeting Date: 03/10/98 ATASCADERO CITY COUNCIL MINUTES TUESDAY, FEBRUARY 10, 1998 INTERVIEW SESSION, 5:45 P.M. Mayor Carden called the Interview Session to order at 5:45 p.m. ROLL CALL: All City Council Members present 1. Planning Commission A. Interview and consider candidates B. Select, by ballot,two citizens for appointment The Council interviewed all of the 7 qualified applicants. The Council selected Roberta Fonzi and Royce Eddings. Mayor Carden adjourned the Interview Session at 7:00 p.m. REGULAR SESSION, 7:00 P.M. Mayor Carden called the Regular Session to order at 7:05 p.m. and Council Member Lerno led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Johnson, Lerno, Luna and Mayor Carden Absent: None Staff present: City Manager Wade McKinney; Acting Community Development Director Steve DeCamp; Acting Finance Director Rachelle Rickard; Community Services Director Brady Cherry; Chief of Police Dennis Hegwood; Assistant City Engineer John Neil; and City Attorney Roy Hanley. Others Present: Marcia M. Torgerson, City Clerk APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Johnson to approve the agenda. Motion passed 5:0 by a roll-call vote. CC 02/10/98 Page 1 of 8 COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Pro Tem Johnson stated that the City staff has done a lot of work to prepare for the storms we are experiencing. That work has proven to be well worth the effort. He wanted to thank staff and to let them know they did an excellent job of preparing the City for the storms. PRESENTATIONS: Mayor Carden introduced Atascadero's new Police Chief Dennis Hegwood to the public. COMMUNITY FORUM: Ann Cirocco, 4010 Pico Rd., asked assistance in obtaining funds for repair of banks of her property that is eroding along the Salinas River. Council Member Luna asked Mr. Cherry if this would be covered by FEMA. Mr. Cherry stated that SLO County has been declared a disaster area but he is not sure if this issue is eligible under FEMA. Ray Hilton, stated that he has moved his house twice due to the erosion caused by the Salinas River and he asked for assistance. Scott Eades, SLOCOG, spoke regarding the recent action that was taken by the SLOCOG on the Regional Transportation Improvement Program and the projects that were funded. --End COMMUNITY FORUM-- CORRESPONDENCE: [none submitted] A. CONSENT CALENDAR: Roll Call 1. Memorandums of Understanding—for Atascadero Sergeants Service Organization, Atascadero Police Officers Organization and Atascadero Public Safety Technicians Organization-Fiscal Impact: $1,740.00 for the current fiscal year. (Staff recommendation: Approve the Memorandums of Understanding) 2. Zone Change #97012—9100 Santa Barbara(Gearhart)—Fiscal Impact: None (Staff recommendation:Adopt Ordinance No. 338, waiving the reading in full and introduce for second reading by title only.) 3. Sidewalk Maintenance and Repair—Fiscal Impact: None (City Attorney recommendation: Adopt Ordinance No. 342, waiving the reading in full and introducing for second reading by title only.) Council Member Lerno stated that he would be abstaining on Item#A-2 due to a conflict of interest. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Items #A-1 and #A-3. Motion passed 5:0 by a roll-call vote. CC 02/10/98 Page 2 of 8 MOTION: By Council Member Luna and seconded by Council Member Johnson to approve Item #A-2. Motion passed 4:0 by a roll-call vote. (Lerno abstained) B. PUBLIC HEARINGS: 1. General Plan Amendment#97009, Zone Change#97008 and Tentative Parcel Map #97004—7930 Santa Rosa Road(Gearhart)—Fiscal Impact: None (Planning Commission recommendation: Adopt Resolution No. 1998-003 denying all three applications) Council Member Lerno announced that he would be abstaining from this item due to a conflict of interest. City Manager Wade McKinney gave the staff report. He explained his suggested changes to the prepared staff report under"Alternatives." The Council asked questions of Mr. McKinney and requested clarification of the issues involved. There was lengthy discussion concerning the acreage involved and whether the easement should be included in the calculation of the acreage. PUBLIC COMMENT Jon Falkenstein, Cannon& Associates, representative of Applicant Kelly Gearhart. He stated that the staff approved this proposal but the Planning Commission opposed it. He suggested that if this proposal is denied, the applicant will develop it concurrent with the existing Public zoning. Council Member Clay asked if they were planning on building one-story homes. Mr. Falkenstein responded that, yes, the Applicant does plan on building one-story homes on the site and suggested that it could even be a condition of approval. Mary Hickey, 7950 Santa Rosa Road, expressed her concerns of the subdivision of this site (See Attachment A). She turned in for the record a petition signed by members of the community (See Attachment B). She also submitted for the record numerous letters from neighbors who are opposed to this subdivision (See Attachment Q. Tim Hickey, 7950 Santa Rosa Road, expressed his concerns of the subdivision of this site. He stated that he and his neighbors feel strongly about keeping the west side of Santa Rosa Road with larger lots. (See Attachment D) Michelle Sport, 7960 Santa Rosa Road, expressed her concerns of this zone change. She feels that it will create a domino effect on adjacent lots and change the character of the neighborhood. Nessio Felli, 8320 Portola Road, expressed his desire to keep Atascadero rural. Paul Weems, 7982 Santa Rosa Road, stated he lives on a flag lot near the proposed site. He expressed his concerns of the increased traffic on Santa Rosa Road. He stated that he doesn't like the intimidation tactics being used by the Applicant,threatening to develop the site as a Public zone if not approved. CC 02/10/98 Page 3 of 8 Marty Young, Pastor at Christian Church of Atascadero which is adjacent to proposed site. He explained that the easement in this proposal is one access to the Church's property. He stated his concern with the proposed subdivision. John Stipicevich, 7925 Santa Rosa Road, across the street of the proposed site. He stated that this subdivision would change the character of the neighborhood and he expressed his concerns of traffic problems with this subdivision. Gilbert Wilkes, 9325 Carmelita, stated that he felt the issue of a taking is not appropriate in this issue. He expressed his concerns of granting this subdivision and suggested that it was an exception that they may not want to grant on other sites. --End PUBLIC COMMENT— Mayor Carden stated that he has been asked for a 10-minute recess. He called a brief recess at 8:00 p.m. Mayor Carden reconvened the meeting at 8:15 p.m. There was discussion whether Council consensus, to continue this item to enable staff to review the calculations, should be considered. Jon Falkenstein explained the calculations used to determine the proposal. Mayor Carden stated that he feels this proposal is consistent with the City's flag lot requirements. Council Member Clay stated that he felt there should be additional conditions such as a limit of one-story homes, and fencing with at least 50%block and to be 6 feet in height. Mayor Pro Tem Johnson stated his concerns of leaving this site as a Public zone. He stated that he could support this project. Council Member Luna stated that he is unable to support this proposal because he is opposed to continuous amendments to the General Plan for single lots. He suggested that Council Member Clay's recommendation to condition the project was a good idea. There was extensive discussion of the vertical alignment at Avenal Ave. MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to find this item would not have a significant adverse effect on the environment and that the Negative Declaration prepared for the project is therefore adequate under the requirements of CEQA. Motion passed 3:1 by a roll-call vote (Lerno abstained, Luna opposed) CC 02/10/98 Page 4 of 8 MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to approve the General Plan Amendment#97009 by approving Resolution No. 1998-007 with the following amendment: "The removal of 7900 and 7920 Santa Rosa Road from the Resolution." Motion passed 3:1 by a roll-call vote (Lerno abstained,Luna opposed) MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to approve Zone Change#97008 by adopting Ordinance No. 343 , waiving the reading in full and introducing for first reading by title only with the following amendments: "The removal of 7900 and 7920 Santa Rosa Road from the Ordinance" and the inclusion of a condition requiring single story homes and a fence separating this site from neighbors with at least a 50% block and 6 feet in height." Motion passed 3:1 by a roll-call vote (Lerno abstained, Luna opposed) MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to approve the Tentative Parcel Map to subdivide residential property at 7930 Santa Rosa Road by approving Resolution No. 1998-010. Motion passed 3:1 by a roll-call vote (Lerno abstained,Luna opposed) C. MANAGEMENT REPORTS: 1. 1997-98 Mid Year Budget Review—Fiscal Impact: Increased General Fund Revenues of $160,915, increased General Fund Appropriations$155,480, increased revenues for other funds $483,070, and increased other appropriations $575,065 — (Staff recommendation: Adopt Resolution No. 1998-009 amending Resolution No. 62-97 which adopted the 199 7-98fiscal year budget) City Manager Wade McKinney gave the staff report. He stated that the trends look good but could not recommend that the Council fund the additional requests they have received. Mayor Carden clarified that$35,000 is in a CD earmarked for the Library. Council Member Luna stated that Atascadero allocated $60,000 last year to the spay-neuter program and spent only $55,000. He urged the Council to support allocating the remaining $5,000 to the spay-neuter program. PUBLIC COMMENT Rush Kolemaine, P.O. Box 1990, expressed his approval of the mid-year budget review before the Council tonight. Peggy Wilson, Oceano, Director of Animal News Network. She spoke in support of the Council allocating the $5,000 to the spay-neuter program. Sarah Gronstrand, 7620 Del Rio Road, Friends of the Library, spoke concerning the City funding the Library. She explained the history of how the Library came to Atascadero and that it is not tax exempt. CC 02/10/98 Page 5 of 8 Ellen Baer, 5420 Olemeda Ave., spoke in support of the Council funding the Library. Marge Mackey, 5504 Tunitas, worked in the library from 1965-1988. She spoke in support of the Library receiving funding from the City. Barbetta Ceasar, 9075 Santa Lucia, spoke in support of the Library expansion funding. Grenda Ernst, Carmelite Ave., spoke in support of the funding of the Library expansion. Geraldine Brasher, 3202 Monterey Road, spoke in support of the Library and the spay-neuter program. Daphne Fahsing, 5105 Llano Road, expressed her disappointment with Mr. McKinney for not recommending to Council to fund the spay-neuter program. She spoke in support of the spay neuter program. Dorothy Bench, Carmelita, spoke in support of the Library. Doris Morant, 4425 Estrada Ave., spoke in support of the Library. Bonita Borgeson, 4780 Del Rio Road, Board Member of the Friends of the Library, spoke in support of the Library. She thanked the Council for their personal donations, and she asked that they commit themselves as an elected body. Liz Duveneck, 350 Vaquero Road, Templeton, stated she works at the library. She spoke in support of the Library. Bob Napp, 3370 Calima Road, said he was pleased with the fiscal responsibility shown by the Council. He spoke in support of the Library. Sherrie Lucas, Templeton, Director of Second Chance at Love Humane Society, spoke in support the funding of the spay-neuter program. --End PUBLIC COMMENT— Council Member Clay asked that the $5,000 go to the North County Humane Society. Council Member Luna asked that the City Clerk keep track of who spoke in favor of Library and spay-neuter program and notify them when the budget is renewed in June. MOTION: By Council Member Clay and seconded by Council Member Luna to approve including the allocation of$5,000.00 to the North County Humane Society for the spay-neuter program into the 1997-98 Budget. Motion passed 5:0 by a roll-call vote. CC 02/10/98 Page 6 of 8 MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna to amend the 1997-98 Budget by approving Resolution No. 1998-009. Motion passed 5:0 by a roll-call vote. D. COMMITTEE REPORTS S.L.O. Council of Governments/S.L.O. Regional Transit Authority Mayor Carden commended the staff on getting the information to SLOCOG and helping get the funding. SLO County Flood Control & Water Conservation District Water Resources Advisory Comm. Council Member Clay stated that they are working on a County wide water plan. North County Council Mayor Carden stated that their next meeting is scheduled for April 9, 1998. Air Pollution Control District Council Member Lerno stated that this group was created to abide by the California Clean Air Act. He will be taking a course on pollution issues. County Mayor's Round Table Mayor Carden stated that they met in Morro Bay and discussed SLOCOG and amendments to the JPA. Economic Vitality Corporation Mayor Pro Tem Johnson stated that the Board of Directors are evaluating their purpose and benefit to the cities. He also stated that Paul Saldana comes highly recommended. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Carden stressed the importance of creating business incentives. City Attorney Mr. Hanley stated that he will be meeting with the School District officials regarding the Peer Court. He also reminded the Council that the public should be asked if they have any comment regarding the Closed Session before the Council goes into the Closed Session. City Clerk City Clerk Marcia Torgerson announced that Roberta Fonzi and Royce Eddings were appointed to the Planning Commission at the conclusion of the interviews held at 5:45 p.m. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Johnson that Roberta Fonzi take the 4-year term (expiring 2/2002) and Royce Eddings fill the vacated term of Robert Johnson(expiring 2/99). Motion passed 3:2 by a voice vote. (Lerno and Luna opposed) Mayor Carden announced that the City/Schools Committee will be added to the Committee CC 02/10/98 Page 7 of 8 Reports as they are going to start meeting again as of March. Mayor Carden asked if the public had any comments regarding the Closed Session items. No PUBLIC COMMENT Mayor Carden adjourned to Closed Session at 10:00 p.m. The next scheduled Regular Session is on February 24, 1998. CLOSED SESSION 1) Colony Roads (Govt. Code Sec. 54956.9 ©) 2) Conference with labor negotiator(Govt. Code Sec. 54957) Agency negotiator: City Manager Employee organizations: Mid-Management/Professional, Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl. Union Local 620, Atascadero Sergeants Service Orgn., Atascadero Police Officers Assoc., Atascadero Public Safety Technicians Orgn. Mayor Carden adjourned the Closed Session at 10:30 p.m. City Attorney Roy Hanley announced that there was no action taken by the Council. MINUTES RECORDED AND PREPARED BY: Marcia M. Torgerson, City Cler ATTACHMENTS: "A" - Statement by Mary Hickey "B" - Petition RE: Zone Change Application "C" - Letters submitted by Mary Hickey "D" - Statement by Tim Hickey CC 02/10/98 Page 8 of 8 2/10/98 ATTACHMENT "A" Mary Hickey 7950 Santa Rosa Road. City Councily Februar 10, 1998 7950 Santa Rosa Road . Atascadero, California 93422 I am here tonight to deal with 'the proposed zone change which will produce a crowded situation in my residential neighborhood. I feel that I 'm not on a total level playing field, when it comes to dealing with certain members of this council and their staff. I 've received several unsavory suggested possibilities if I don' t go along with the proposed zone change which were offered to me as a result of informal discussion such as: 2 homes or - home for wayward youth. . . 2 homes or seniors homes. . . go cart track. . . mini storage, ect. All of which is more high density situation and further destroys the peaceful rural characterof this neighborhood. .'K-,iy has no one, picked out the- option -of one ome? I 'm here as a taxpaying citizen because I want to be protected against subdividers, who come in and want to change the existing character of a neighborhood, and changes to the general pian for their own personal gain. The general plan was put in place, as I understand it, to serve the community. As a representative of the majority of the community involved, we're opposed to changing the general plan just to benefit one person, at my expense, and to the detriment of the neighborhood in general. In my case, because of existing right of ways I will be forced to live next to substandard croirding as a result of the proposed Zone Change. Therefore, I am asking that this council turn down the application for RSF-X. I would, however, like to see this property be rezoned to RSF-Z and take away the nervousness I feel that has been part of the tactics involving threats of a number of horrible scenarios that may -go up on that lot if I simply am against a single proposal to spotzone and rezone My property which I can get no benefit from, and in fact, and again, I will be crowded by substandard lot sizing. Past that I have some information concerning technicalities involved with justifying the new lot sizes. As I don't have a measuring tape the size of Gearharts ' lot, I walked it off. It took me 238 steps to go across the front of .;his property. Then I walked off the easement; from the stake at the corner, across the easement. It took me 30 steps to cross the easement that already exists on that property. That easement represents more than 12. 605% of the 1. 08 acres, making the actual building space less than an acre - less than .9439 acres. I measured this as if the lot were. rectangular, but it is not. I have to say"Less than" because this easement is on the long side of the lot. Now in the subdivision of this lot, this will make the proposed back lot less than .437 acres and the front lot less than .507 acres which will need driveways from the existing easement, and this further illustrates the crowding that would take place, as it goes beneath the allowable buildable acreage. I think this community will be best served by rezoning to RSF-Z which stays in character with this neighborhood. Everybody will win in this case. Mr. Gearhart goes residential, I 'm protected from the threats that go along with the "Public" designation, the . neighborhood is protected, the entrance to Atascadero from the West is preserved, and the City Council, it will appear,• have truly made a wise compromise from the initial proposal of RSF-X% Finally, my lot size is germane to this case. So is Mr. Schwartzbaugh's. They are grandfathered into the general plan. I have not imposed or proposed anything. The developer is on his own over there. I 'd like to add to the record the original of the petition that went around. Please take note that more citizens have added their names to. this list. I 'd also like to add this stack of letters to the public record showing, not only this neighborhoods concerns, but these letters come from all over this community, and to add that I have had many conversations with many more people that would have loved to sign this petition or write you a letter, but they declined as they fear retrobution from their jobs. .. . working for the city, public service, or in realestate. I would like to thank you for letting me speak before you this evening.. J ATTACHMENT "B" City Council 2/10/98 To: The City of Atascadero Community Development 6500 Palma Avenue Atascadero, California 93422 Attn: . Mr. Steve DeCamp, Acting Director Community Development Department City of Atascadero RE: application / Kelly Gearhart (Cannon) 7930 Santa Rosa Road, Atascadero, CA 93422 To Mr. DeCamp and to Whom it may Concern: This a statement in opposition to the =FC application, as noted above, which would enable high density housing- to proliferate our neighborhood. NAME ADDRESS 9-26 � � 7 X7.5- 7960 VAO7A- PaM /� X008 AaW S/Ri✓Tyit /�C'0 �/s x- To: The City of Atascadero Community Development 6500 Palma Avenue Atascadero, California 93422 Attn: Mr. Steve Decamp, Acting Director Community Development Department City of Atascadero RE: 52 - —e<I application / Kelly Gearhart (Cannon) 7930 Santa Rosa Road, Atascadero, CA 93422 To Mr. Decamp and to Whom it may Concern: This a statement in opposition to the u��an e application, as noted above, which would enable high density housing to proliferate our neighborhood. NAME ADDRESS c_ 7'�J:S- s,5--N 7x1 90c5 t9 7-n Sc. to C�� C To: The City of Atascadero Community Development 6500 Palma Avenue Atascadero, California 93422 Attn: Mr- 'Steve DeCamp, Acting Director Community Development Department City of Atascadero RE: v nnce application / Kelly Gearhart (Cannon) 7930 Santa Rosa Road, Atascadero, CA 93422 To Mr. DeCamp and to Whom it may Concern: This a statement in opposition to the va-r_�„%e application, as noted above, which would enable high density housing to proliferate our neighborhood. NAME ADDRESS U G-' it!-) fL-13 27 `82 -SAN ci 66R t P4-- fz h . J-/lP l Del -1 N 7950 5�•�f� , sem To: The City of Atascadero Community Development 6500 Palma Avenue Atascadero, California 93422 Attn: ' Mr. Steve Decamp, Acting Director Community Development Department City of Atascadero RE: ' Vec application/Kelly Gearhart (Cannon) 7930 Santa Rosa Road, Atascadero, CA 93422 To Mr. DeCamp and to Whom it my Concern: This is* a_ statement in opposition amu- the . e application, as noted above, to re-designate certain real property from "Public" to "High Density Single Family" and the corresponding Zone Change from "P" to "RSF-X" . e X0.1 G'W� I pG,r CO �o � S '1 To: The City of Atascadero Community Development 6500 Palma Avenue Atascadero, California 93422 Attn: Mr. Steve DeCamp, Acting Director Community Development Department City. of, Atascadero RE: t:2� - d application/Kelly Gearhart (Cannon) 7930 Santa Rosa Road, Atascadero, CA 93422 OP To Mr. DeCamp and to Whom it my Concern: This is a statement in opposition Ix- the ianpplication, as noted above, to re-designate certain real property from "Public" to "High Density Single Family" and the corresponding ConLeChange fro to "RSF-X" . '� C1� ATTACHMENT "C'e CIty Council 2/10/98 25'09or? SAv7.f if .9-545e.4D r/PO V4 , Lk _Aek February• 10 , 1998• ATTENTION: CIETY COUNCIL OF ATASCADERO , CALIFORNIA . We are sorry that we can not attend the council meeting tonight it order to address the matter of permitting "zone chgnges . We are opposed to the thought of making YSPOT ZONING CHANGES on Santa Rosa Road. The change has been suggested by Kelly Gearhardt, a developer here in Atascadero . The following are residents of Atascadero . . . . . . . . . . Mr. Clark Herman. . . . . . . . . . . . . . . . . .8170 Santa Rosa Road Mr. Gilbert R. Williams 8160 Santa Rosa Road Mrs. Gilbert R. Williams c 8160 Santa Rosa Road �s1 L a ------- �--- oyer n -- - - �rbe - --- ie --!�I v�SM1 f- — "e f -- - -- I,Lit,- oboll� - a �- ?'o whom it may concern.• 916 andg►lary Nickey have been active volunteers at San Gabriel Road Elementary Schoolfor the past five years. They volunteer on a regular basis and are quite involved in our school community. So far this year, Tr m and Nary have volunteered approximately 129 hours. It's activeryarents lake these that make a difference in our schools and communities. Sincerely, Nancy Crawford co president San Gabriel PTA To whom it may concern, After reviewing through information conerning the zone change at 7930 Santa Rosa Road, and as a citizen and homeowner in Atascadero, .I am against amending the City's General Plan to provide "spot zoning". This change would alter the character of the neighborhood by allowing one homeowner to subdivide his lot into two parcels. The adjoining residential lots would also be subject to this zone change; however, being under one acre, they would never be able to take benefit from the zone change of RSF-Z to RSF-X. Additionally, Mary and Tim Hickey regularly volunteer at San Gabriel School up to four days a week, providing benefit for the children of Atascadero. Sincerely, Michael J. Zuniga 10005 Atascadero Ave. Atascadero, CA 93422 Z:,74- 32 07 7-2,4o), viH� _ Ir 53y�.z- Feb. 10, 1998 The City of Atascadero P�Iembers of the City Council near Council Members: It is wrong for an indivdual to have priority over the majority. it is wrong to allow a temporary neighbor ( Kelly Gearhart ) 'to dictate IMN to established residents what the zoning of thee propertir 'will be . Flease listen to the recomendation of the ,planning commission and deny these ammendments to the general plan. Chris Gilbert 8275 San Gabriel Rd . Atascadero , Calif. 93422 8014 Santa Rosa Rd. Atascadero, CA 93422 10 February 1998 Atascadero City Council To Whom It May Concern: We, as residents near the location of the property in question are in opposition to the use of the property, zoned "Public", which is adjacent to the home of Mary Hickey and on which the driveways to two churches (Christian and Pentecostal),are on the other side. we are opposed to "spot zoning" and changing of the general plan. If anything is to be built there it would be our request that it be just ONE house on the -= acres in question. We would prefer to keep the area as rural as possible, and avoid any "high density" or condos, etc to be built there. We feel it should be zoned for a home only, and that the "Public" zoning suggested at present be ruled out. We moved here 12 years ago, and are concerned with any further encroachment on our otherwise "rural" atmosphere. i ober A. !&""firand Gladyce J. Brunner at 79G S let a,2F _a�v� va January 25, 1998 COUNCIL MEMBERS City of Atascadero RE: Request to change zoning from RSF-Z to RSF-X I recently learned of an attempt to have the zoning changed for a parcel located at Santa Rosa and Avenal here in Atascadero. Apparently the builder wants to split a one acre lot and build two dwellings there. I most strongly object, and request that the zoning not be changed. This represents a contradiction to our city's existing growth philosophy. We must avoid the temptation to allow high density construction as it will alter the verycharacter of the city and why we choose to live here. Sincerely, Timothy B. Tucker 12250 Santa Ana Rd Atascadero, CA 93422 Marjorie L Zaldivar 7705 Tecorida Avenue Atascadero, CA 93422 Honorable Council Members, I am opposed to the rezoning of parcels to high density spot zoning. When Mr. Gearhardt bought the land in issue, he did so as public land.He now wishes to subdivide it. Typically public land is less expensive than residential land. This is not his home,but an investment. He shows blatant disregard for the people who now own property adjoining this proposed property. Perhaps Mr. Gearhardt would be better served to find a town that is progrowth rather than shove his wishes down the throats of those of us who have lived here all our lives,because it is the type of rural setting in which we desire to raise our families. . Although this is but one lot it sets a dangerous precedence to allow others to do the same thing. Once this land is built on it can never be used as open land again. Please consider this letter and the views expressed in it. Sincerely. . 0CLX-- Marjorie L Zaldivar Marco A. Zaldivar 7705 Tecorida Avenue Atascadero, CA 93422 Honorable Council Members, I wish to state my opposition to the proposed rezoning of residential areas(ie: on Santa Rosa Rd. near highway 41)to spot zoning for high density housing. This sets a dangerous precedence for other builders to get special rezoning for their gain in a city that is known and loved for it's rural setting. The city plan should not be altered for any special interest or persons, for to do so undermines the purpose of the city plan. Please stand firm and do not be swayed on this issue. You were elected to represent the majority of the citizens, not special interests or persons. -Sincerely. ar A. Zaldivar Kaino Hopper 8050 Coromar Avenue Atascadero, CA 93422 Honorable Council Members; I would like to voice my opposition to the proposed rezoning of parcels to spot zoning of dense population. Atascadero is a rural city and as such is the home of many people who value this setting. To rezone areas to dense population will forever make these areas change in a way that is contrary to the very essence of what is attractive to the residents of this community. Sincerely, Kaino Hopper 6-� ` 5295 Maleza Avenue Atascadero,CA 93422 January 26, 1998 To Whom ItMay Concern: This letter is intended to state our complete opposition to any rezoning for high density housing that is contemplated in Atascadero,California. Three years ago we chose to relocate to Atascadero and bought a home here because of the lack of high density"tract"housing. Other areas in San luis Obispo County are being developed in that manner and we were assured that it would not happen in Atascadero. We are adamant in our opposition to this type of development. What has been proposed is completely unfair to the current residents of this community and we ask that the City Council deny the request for"spot"rezoning. cere"' Laurie Bross 3070 Colima Road Atascadero, CA 93422 January 30, 1998 Atascadero City Council Atascadero, CA 93422 Gentlemen: We wouldy u to know that we are complete) against any "spot" rezoning in Atascadero. It was our understanding thtfone of the benefits of becoming a "city" was the ability to control development. By allowing developers to split lots and change the zoning that is in place you will change the rural open ambiance of Atascadero. We do not want, nor do we need high density housing in our community. It is well known that crowding creates nothing but trouble. Please leave the general plan alone and do not allow any change in the current zoning. Yours truly, Derek & Katy Polli gton 10025 El Camino Real Atascadero,CA 93422 . January 27, 1998 Atascadero City Council Atascadero,California 93422 Dear Sirs: We have lived in Atascadero for over twenty years and have watched it change. We have read about the proposed rezoning for high density housing and we want to be sure that you know we are against it. We lived here before it became a city and we firmly believe that the current zoning should not be changed for the sake of development. Please do not change the general plan. Leave things as they are. Yours truly, Mr.&Mrs.Donald D. Woodard February 9,1998 To Whom It May Concern: I am writing concerning the rezoning on Santa Rosa Road area. As a former resident of the area, we have several good friends who will be effected by the rezoning. We feel it is unreasonable to spot zone in order to build numerous homes. The area is designed for not more than one residential home per lot,in order to preserve the character of the area. Thanks for your understanding in this matter. Sincerel , Scott and Holly Kusko ATTACHMENT "D" City Council Tim Hickey 2/10/98 7950 Santa Rosa Road Atascadero, California 93422 February 10, 1998 First I' d like to express _my thanks to the Mayor, and to the gentlemen on the City. Council for promptly returning our calls, and for taking so much of their personal time speaking to my wife on the phone. Thank you. Let me say that in order to afford what I thought I was buying into, a low-density neighborhood, and the reason we pay more to live on Atascadero ' s west side, it is necessary for me to start work before sunrise and return home well after dark. I 'm very fortunate, in that my wife works evenings and, in addition to raising our 2 young children she has had the opportunity to spend many of her daytime hours persuing the preservation of the rural character of Atascadero' s west side, and specifically the west side of Santa Rosa Road. Although our styles may differ, make no mistake, that my wife and I and our neighbors stand together on one clear issue - to deny this developers application to rezone the west side of Santa Rosa Road to high density housing, specifically RSF-X. The proposals made by staffers that my lot. and Mr. Schwartzbaugh' s lot be dragged into the RSF-X designation, at absolutly no benefit to us, and all benefit to the developer, seems to me to be a blatant attempt to cover up what is obviously "Spot-zoning" . Several monthes before we received our first notice of public hearing, a notice of intent to build one home, on the subject lot was posted. We were not uncomfortable with that prospect. We mistakenly assumed that good taste and the builders intent to stay with the pattern of the neighborhood would prevail. It was not until we learned that this developer intended to subdivide this property, imposing construction of two homes, that we became concerned. Again, staffers supported the developer by recommending that two homes would be more in character with this neighborhood than one home. It is our contention that two homes on this lot would be very out of character with this, the west side of Santa Rosa Road. . How naive to, assume that- good taste and concern for the neighborhood might take precedence over the prospect of the developers desire to make more money. Again, I'm hoping I am notnaive in assuming that mine, my neighbors, and the City Council ' s time has not been wasted, in lieu of a general belief that by the time we: reach the "public comment" part of this process, a pro-development decision has already been made. I hope our comments here tonight are not just exercises in futility. Please reccomend the approval of a zone change to RSF-Z -- one house not two. Thank you for the opportunity for us to voice our concerns. Timothy J. Hic e y