Loading...
HomeMy WebLinkAboutAgenda Packet 06/09/1987 CINDY .WILKINS DEPUTY CITY CLERK NOTE: THERE WILL BE A CLOSED COUNCIL 5E55IUN AT 6:3fl P.M. REGARDING PENDING LITIGATION CLAIM IN THE FOURTH FLOOR CLUB ROOM A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING Fourth Floor Rotunda Room June 9, 1987 7:30 P.M. City Council Members: (Seating from Left to Right: ) Council Member Norris Michael Shelton Council Member Bourbeau City Manager Mayor Mackey Jeffrey G. Jorgensen Council Member Handshy City Attorney • Council Member Borgeson Boyd C. Sharitz City Clerk RULES OF PUBLIC PARTICIPATION * Members of the audience may speak on any item on the agenda. * A person may speak for three (3) minutes. If a group has a spokesperson, the spokesperson may speak for five (5) minutes. * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council members may question any speaker; the speaker may respond; but after the alloted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Invocation: Bishop Orin Sedley Roll Call City Council Comment 1 0 ** Introduction of New Employee Officer Robert Ekrote, Police Officer (Approximate Time - 30 Minutes) COMMUNITY FORUM The City Council values and encourages exchange of ideas and comments from you the citizen. The public comment period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the effectiveness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. . * All remarks shall be addressed to Council as a whole and not to any individual member thereof. * No questions shall be asked of a Council Member or City staff without permission of the Mayor. * No person shall be allowed to make slanderous, profane, impertinent, or personal remarks against any Council Member. * Any person desiring to submit written statements may do so by forwarding to Council, prior to the Council Meeting, nine (9) copies to the City Clerk by 5:00 p.m. on the Wednesday preceeding the Council Meeting. A. CONSENT CALENDAR All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed be- low. There will be no separate discussion of these items. A member of the Council or public may, by request, have any item removed from the Consent Agenda, which shall then be added to and taken up at the end of the "New Business" section of the agenda. 1. Approval of Minutes of the Regular Council Meeting of May 26, 1987 2. Approval of Tentative Lot Line Adjustment 9-87 - 5100/5102 Fresno Road - Adjustment of Property Line Between 2 Existing f Lots - Baum/Cuesta Engineering 3. Approval of Tentative Parcel Map 11-87 - 8255 Coromar Road- I' Subdivision of .94 Acre Parcel into 2 Lots of 20 ,475 Square �I Feet - Loving/Stewart 4. Approval of Tentative Parcel Map 12-87 - 5192 Portola Road - Subdivision of 6.0 Acre Parcel into 2 Lots of Approximately 3.0 Acres Each - Janis/Twin Cities Engineering 2 0 0 5. Acceptance of Final Parcel Map AT 820802:1 - Lot 46 of Block 40 - San Marcos Road - Ibsen/Stewart 6 Acceptance - of Final Lot Line Adjustment 4 87 - 5505/5555 Bajada Jones/Lebovic/Cuesta Engineering 7. Acceptance of Final Parcel Map 38-86 - 9110 Atascadero Avenue Schmidt/Wilson Surveys B. HEARINGS/APPEARANCES/REPORTS (Approximate Time - 20 Minutes) 1. Planned Development Overlay Zone Provisions in the Zoning Ordinance (Approximate Time - 10 Minutes) 2. Presentation of Proposed Budget - Verbal C. NEW BUSINESS ' 1/ (Approximate Time - 5 Minutes) 1. Proposed Resolution-°45-87 - Declaring Intent to Vacate Solano • Road and to Schedule a Public Hearing on June 23 , 1987 D. UNFINISHED BUSINESS (Approximate Time - 5 Minutes) 1. Ordinance 153 - Establishment of Regulations & Procedures for Installation of Underground Utilities (SECOND READING) (Cont'd from 5/26/87) (Approximate Time - 5 Minutes) 2. Ordinance 150 - Zone Change 23-86 (Revised) - 7421 Santa Ysabel - California Manor (Young) — Revising Existing Zoning to Residential Multiple Family, 16 Units Per Acre with a Planned Development Overlay (allowing reduced lot size development) (SECOND READING) (Cont'd from 4/14/87 & 5/23/87) (Approximate Time - 5 Minutes) 3. Resolution 46-87 - Adopting Fee Schedule and Rules for Use of the Fourth Floor Rotunda Room in the City Administration Building (Amending Resolution 21-87) IIS 3 0 0 E. ATASCADERO COUNTY SANITATION DISTRICT (Council will recess and convene as the Atascadero County Sanitation District Board of Directors) (Approximate Time - 30 Minutes) 1. Appeal of Sewer Annexation Fee Revised Requirement - 10705 E1 Camino Real (Sasa Camino Apartments) - Messer (Cont'd from 4/28/87, 5/12/87, & 5/26/87.) (The Board of Directors will Adjourn and Reconvene as the City Council) F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council A. Selection of Mayor 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTE: THIS COUNCIL MEETING WILL BE ADJOURNED TO A SPECIAL OPEN COUNCIL SESISON ON JUNE 11, 1987 AT 7 :00 P.M. IN THE CITY ADMINISTRATION BUILDING FOURTH FLOOR CLUB ROOM REGARDING ECONOMIC DEVELOPMENT ANALYSIS STUDY PROPOSALS 4 Public Comment A Mr. Kopp, new resident, expressed he does not understand the weed abatement ordinance as written; Chief Hicks clarified the abatement requirements, suggesting Mr. Kopp meet with Capt. Snow to discuss the program, if necessary. Councilwoman_Borgeson announced she will refrain from voting on this item due to possible conflict of interest. �: �... r. .. _ i30TI0N. $ys (.o nc man Bourbeau that the Fire Chief- or his authorized _... representatives Are ordered to abate the nuisance of noxious or dangerous weeds on the lots identified in Res. No. 31-87, seconded by Councilwoman Norris; passed 3:0 , with Council- kr woman Borgeson abstaining and Councilman Handshy absent. 3. Consideration of General Plan Amendment Proposals for Cycle 2, 1987 r Mr. DeCamp, Sr. Planner, gave staff report, reviewing the study areas recommended for establishment (as outlined in staff report dated 5/5/87) . Lengthy related discussion between Council and staff ensued. Council consented to direct staff to report back (at the next regular meeting) on current language contained in the Zoning Ordinance relat- ing to PUD' s and how it is being applied, so issues of concern can be discussed. Public Comment Dr. Anthony Avina, AUSD Supt. , responded to Council concerns expressed regarding proposed GP: 2D-87, 10785 El Camino Real, which is a request that subject site be designated as a school site in the Gen. Plan. When asked if the AUSD Board has approved said site, Dr. Avina noted it has been discussed, and the Board has authorized the administration to seek appraisals for further consideration; the Board is aware that the property owners in subject area do not wish to sella Lenthy dis- cussion ensued between Dr. Avina, Council and staff, with Dr. Avina noting that at least four other sites have been reviewed; the south- west quadrant (as subject site is being referenced) appears to be the most likely in terms of size, terrain and location to be designated for a potential school site as it relates to the location of future student population. Dr. Avina summarized the school district' s site selection process. MOTION: By Councilman Bourbeau to direct staff to prepare analysis and bring to public hearing the GP amendment areas recommend- ed by the Planning Commission, including discussion of flag lots as part of GP: 2F-87 and discussion of road widths/road classifications as part of GP: 2H-87, seconded by Councilwom- an Norris; passed by 4:0 roll-call, with Councilman Handshy absent. 3 4. Ordinance No. 153 - Authorizing an Enabling Ordinance for Under- ground Utilities (FIRST READING) Mr. Sensibaugh, Pub. Works Director, gave staff report and responded to questions from Council. There was no public comment. MOTION: By Councilwoman Borgeson to read Ord. 153 by title only, sec- onded by Councilman Bourbeau; passed unanimously. Mayor Mackey read Ord. 153 by title, and first reading was approved by 4:0 roll-call, with Councilman Handshy absent. 5. Zone Change 23-86 (Revised) - 7421 Santa Ysabel - California Manor (Young) A. Ordinance 150 (Revised) - Revising Existing Zoning to Lot 6, Block 1-A, from Residential Multiple Family, 16 Units Per Acre to Residential Multiple Family, 16 Units Per Acre with a Planned Development Overlay (allowing reduced lot size devel- opment (FIRST READING) (Cont'd from 4/14/87) Mr. DeCamp, Sr. Planner, gave staff report, recommending approval of Ord. 150, and responded to questions from Council. There was no pub- lic comment. MOTION: By Councilwoman Norris to read Ord. 150 by title only, sec- onded by Councilwoman . Borgeson; Passed unanimously. May 0 Mackey read Ord. 150 by title. MOTION: By Councilwoman Norris that this constitutes the first read- ing of Ord. 150, seconded by Councilwoman Borgeson; passed by 4:0 roll-call, with Councilman Handshy absent. C. NEW BUSINESS 1. Resolution 38-87 -Authorizing Expenditure of total 1986 Commun- ity Parkland Funds of $54 ,000 to Rehabilitate Youth Sports Fields on Traffic Way Mr. Best, Rec. Director, gave staff report. He noted there is no specific plan available at this time, since staff has not yet been authorized to spend money on the project. There was no public com- ment. MOTION: By Councilman Bourbeau to approve Res. No. 38-87 , approving the application for grant funds under the Parklands Act of 1986 , seconded by Councilwoman Norris; passed by 4:0 roll- call, with Councilman Handshy absent. 2. Approval of Tentative Tract Map 21-86 - Lots 1,2 & 4-8 of PM 28*3.(Santa Lucia and Lomitas Rds.) - Subdivision of 6 Existing L Totaling 119.6 Acres into 22 Lots Varying from 26.3 Acres to Acres (Cont'd from 4/28/87) 4 Mr. DeCamp, Sr. Planner, gave staff report. Public Comment Mr. Hughes, applicant' s engineer, expressed a major concern of the neighborhood residents was the negative declaration on the project, which may be interpreted differently. Mr. Hughes asked, if the devel- oper were to request some minimum number of CC&R' s that could be built into the structures on the properties, could this be done after the City' s, approval of the project, expressing the desire to not hinder progress. Mr. DeCamp responded the City would not be in a position to enforce CC&R' s, and a map of this type is not typically conditioned to them. Mr. Jorgensen, City Atty. , further noted that CC&R' s are gener- ally negotiated between adjacent property owners and the developer. Paul Rose, Llano Rd. resident, thanked staff for working with the res- idents and developer regarding the project. Bob Tartaglia, applicant' s engineer, reported that discussion with adjacent property owners has resolved many of their questions. He noted that Mr. Millhollin has indicated he' ll take their concerns into consideration in the interest of building a quality subdivision. Don Messer, resident, noted his long-time association with Mr. Mill- hollin and spoke in support of this proposal. • Mr. Sensibaugh summarized the Traffic Committee' s review of issues of concern in subject area. MOTION: By Councilman Bourbeau to approve TTM 21-86 , subject to the Planning Commission' s revised findings and conditions of ap- proval, seconded by Councilwoman Norris; passed 4:0, with Councilman Handshy absent. MAYOR MACKEY CALLED A RECESS AT 9 :22 P.M. AND THE MEETING BACK TO ORDER AT 9: 33 P.M. * MAYOR MACKEY ANNOUNCED ORDER OF AGENDA CHANGED - ITEM D-1 (UNDER UNFINISHED BUSINESS) TO BE CONSIDERED PRIOR TO C-3: 1. Authorization for Mayor to Enter into Agreement with Bruce Walker Consultants Administration Building Fourth Floor Rotunda Room Acoustics and Sound Reinforcement System Improvements (Cont'd from 4/28/87) Mr . Bruce Walker , Bruce Walker Consultants, noted the biggest problem with the acoustics is the excessive reverberation, which he stated can - be remedied with acoustic treatments on the walls of the Rotunda Rm. , as well as some modernization of the sound equipment. , MOTION: By Councilwoman Norris to accept the proposal from Bruce Walker, including the final testing and adjustment of the • sound system and authorize the City Manager to enter into a contract not to exceed $2500 , seconded by Councilwoman Bor- 5 geson; passed by 4:0 roll-call, with Councilman Hands 6 absent. * REGULAR AGENDA ORDER RESUMED (NEW BUSINESS, CONT'D) : 3. Authorization for Mayor to Accept Proposal and Enter into Agree- ment - Design San Andreas and Garcia Roads Bridges Mr. Sensibaugh, Pub. Works Director , gave staff report, recommending that Council select Wallace & Assoc. for the San Andreas Bridge Pro- ject, and that staff be directed to return with a contract in the amount of $65,900 -- not to exceed that figure. As for the Garcia Bridge, Mr. Sensibaugh summarized the alternatives available for this project, noting that Wallace' s proposal is for $55,620; staff's recom- mendation is that Wallace & Assoc. be selected on a tentative basis, pending a negotiation on the contract figure with both Wallace & Cal- Trans. There was no public comment. MOTION: By Councilwoman Borgeson that (1) Council authorize staff to negotiate with Wallace & Assoc. on the Garcia Rd. Bridge and return with a recommendation for Council consideration, and (2) approve a contract for $65,900 to Wallace& Assoc. for the San Andreas Bridge project, motion seconded by Coun- cilwoman Norris; passed by 4:0 roll-call, with Councilman Handshy absent. 0 4. Authorization for Mayor to Enter into a Joint Powers Agreement with the North Coastal Transit Authority Mr. Shelton, City Mgr . , gave staff report. MOTION: By Councilman Bourbeau to direct staff to prepare a letter. (1) requesting that the N. Coastal Transit JPA Agreement be amended to include Atascadero as a member, and (2) requesting that the title be changed to something more appropriate (see staff report recommendation in agenda packet) ; further , that the City' s representative and alternate representative (Coun cilmembers Borgeson & Mackey, respectively) to SLOACC be appointed as delegate (s) on the Transit Authority. Motion seconded by Councilwoman Norris; passed unanimously, with Councilman Handshy absent. 5. Authorization for Mayor to Enter into Agreement with Property Pro- tection Company - City-wide Weed Abatement Contract (Bid 87-3) Chief Hicks, AFD, gave staff report. MOTION: By Councilwoman Borgeson to award Bid #87-3 to Property Pr tection for the City weed abatement contract, seconded Councilwoman Norris; passed by 4:0 roll-call, with Councilm - Handshy absent. 6 r • D. UNFINISHED BUSINESS (* Item D-1 considered prior to C-3. ) 2. Conceptual Approval of Proposed Rules and Fee Schedule for Use of Fourth Floor Rotunda Room Rental for Private Individuals or Groups Mr. Sensibaugh, Pub. Works Director, gave staff report. Mr. Sharitz, City Clerk, spoke in support of allowing consumption of alcohol on the premises; Mr. Jorgensen, City Atty. , noted the City' s significant exposure to liability in this regard. Further , Mr. Shel- ton, City Mgr. , pointed out the inability of obtaining liability insurance when the sale of liquor is involved. MOTION: By Councilman Bourbeau to adopt staff's recommendation as stated (see staff report, dated 5/15/87, in agenda packet) , amending the kitchen use fee from $25 to $10 (no cooking allowed) , seconded by Councilwoman Norris; passed by 4:0 roll-call, with Councilman Handshy absent. 3. Committee Status Report - Economic Development Analysis Study Pro- posals Mr. Shelton, City Mgr. , gave staff report. Council concurred to hold a special meeting to review and discuss the above-referred proposals on Thurs. , June 11, 1987 in the Club Rm. or Rm. 304, commencing at 7:00 p.m. MOTION: By Councilwoman Norris to recess as Council and convene as the Atas. County Sanitation District Board of Directors, sec- onded by Councilman Bourbeau; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1. Appeal of Sewer Annexation Fee Revised Requirement - 10705 El Cam- ino Real (Casa Camino Apartments) - Messer (Cont'd from 4/28/87 & 5/12/87) Mr. Sensibaugh, Pub. Works Director, noted receipt of a verbal request this afternoon from Mr. Messer for a continuance of this item. Public Comment Glen Lewis, representing Mr. Messer , noted the discovery of some in- formation which sheds a great deal of light on this issue and supports Mr. Messer ' s position. A continuance is requested . to enable further research so that complete information may be presented. 7 L MOTION: By Councilwoman Norris to continue this item to the Council' next regular meeting (6/9/87) for definite final cons de tion, seconded by Councilman Bourbeau; passed unanimousl , with Councilman Handshy absent. F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council: A. Traffic Committee Representative - Appointment of Planning Commission Member Mr. Sensibaugh, Pub. Works Director, made brief staff comments. After discussion, Council concurred that there is adequate repre- sentation on the Traffic Committee, noting the regular attendance of Mr. Engen, Commun. Devel. Director . B. Atascadero Lake Park Ad Hoc Committee Report Mr. Shelton, City Mgr. , gave report (included in agenda packet) . Further Council comments: Councilman Bourbeau suggested Council Comments be moved to the beginning of the agenda. - Mayor Mackey noted the need to stimulate community interest S the interest of celebrating the U.S. Constitution Bicentennial. - Mayor Mackey announced the San Luis Obispo Criterium this Sun. , 5/31/87, and urged public attendance at this novel event. - Councilwoman Norris announced the Head Start Graduation cere- mony at 3:OO p.m. this Fri. , 5/29/87, at Heilman Regional Park, urging Council member attendance. City Attorney - Mr. Jorgensen noted that he will attempt to arrive at the Council' s closed session, tomorrow night, by 9 :30 p.m. to be present for labor discussion (which closed session immediately fol- lows budget review) . MEETING ADJOURNED AT 10:55 P.M. TO A SPECIAL OPEN COUNCIL SESSION ON MAY 27, 1987 AT 7:30 P.M. IN THE ADMINISTRATION BUILDING FOURTH FLOOR CLUB ROOM FOR 1987/88 PROPOSED BUDGET REVIEW. MINUTES RECORDED BY: MINUTES PREPARED BY: BOYD C. SHARITZ, City Clerk CINDY WILKINS, Dep. City Clerk 8 AGENDA D Alp�Vl Cm # M E M O R A N D U M • TO: City Council June 9, 1987 VIA: Michael Shelton, City Manager FROM: Steven L. DeCamp,- Acting Community Development Director SUBJECT: Lot Line Adjustment 9-87 LOCATION: 5100/5102 Fresno (Ptn. Lot 14, Block PA) APPLICANT: Paul Baum (Cuesta Engineering) REQUEST: To adjust the property line between two existing lots of record. On May 19, 1987, the Planning Commission considered the above-refer- enced request on its consent calendar, unanimously approving the lot line adjustment subject to the findings and conditions contained in the attached staff report. • There was no discussion or public comment on this item. RECOMMENDATION Approval of Lot Line Adjustment 9-87 subject to the findings and con- ditions contained in the staff report. /ps ccc Paul Baum Cuesta Engineering City of Atascadero Item: A-2 STAFF REPORT • FOR: Planning Commssion Meeting Date: 5/5/87 BY: Pik teven L. DeCamp, Senior Planner File No: LLA 9-87 Project Address: 5100/5102 Fresno (Ptn. Lot 14; Block PA; A.C. ) SUBJECT: Request to adjust the property line between two existing lots of record. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Paul Baum 2. Representative. . . . . . . . . . . . . . .Cuesta Engineering 3. Site Area. . . . . . . . . . . . . . . . . . . .0.69 acres 4. Zoning- . . . . . . . . . . . . . . . . . . . . .RSF-Y 5. Existing Use. . . . . . . . . . . . . . . . .Parcel 1 - single family dwell. • Parcel 2 - single family dwell. 6. General Plan Designation. . . . .Moderate Density Single Family 7. Environmental Status. . . . . . . . .Categorically Exempt (Class 5) B. ANALYSIS: The property which is the subject of this lot line adjustment is located in an RSF-Y zoning district. Minimum lot size in this zone is 1.0 acre where sewers are available and 1. 5 acres where there are no sewers. Neither of the lots involved in this lot line adjustment meet the minimum lot size requirements. The larger of the two lots involved in the proposed lot line ad- justment contains two single family dwellings. The second, small- er lot, is a "legal lot but not a practical building site. As a result of the lot line adjustment, each of the two existing dwellings will be located on a separate legal lot. The smaller of the two existing lots will be eliminated. Although both of the resultant lots will remain nonconforming due to being undersize, the separation of the dwellings onto individual lots is desirable. Recent City policy has been to limit lot line adjustments to move- • ment of lines in a roughly parallel direction. This current pro- posal deviates from that policy by rotating the -lot line to be perpendicular to its existing direction. It appears, however, • 0 Lot Line Adjustment 9-87 (Paul Baum/Cuesta Engineering) that the benefit to be gained from separating the two dwellings onto individual lots outweighs the need to strictly regulate the direction of lot line movements in this case. C. RECOMMENDATION Staff recommends approval of Lot Line Adjustment 9-87 based on the Findings in Exhibit C and the Conditions in Exhibit D. SLD:ps ATTACHMENTS: Exhibit A - Location and Zoning Map Exhibit B - Proposed Lot Line Adjustment Map Exhibit C - Findings for Approval Exhibit D - Conditions of Approval 2 a ^s • • i soft �. /.�. IWA JIMA • • , ` ,��� ���ji �►�i oom _,� ��)���� `moi �� �I♦�i E111111 �I��►�i1: •���♦1•,�1• �� ♦♦ ♦IOMIN s • ►`w sitAMEN ' ■� Evilijtih'�ltiil� owl Evil ��� 11 � • keV i e CITY OF ATASCADERO `-S CAD : COMMUNITY DEVELOPMENT �'i1�2 A`'�.i u md14 DEPARTMENT LLQ 9- 67 t 4 yW i o ti a♦>y W � o.o Sitz \ • • Lot Line Adjustment 9-87 (Paul Baum/Cuesta Engineering) EXHIBIT C - Findings for Approval Lot Line Adjustment 9-87 (Baum/Cuesta Engineering) May 19, 1987 FINDINGS 1. The application as submitted has been determined to be categori- cally exempt from the requirements of the California Environmental Quality Act. 2. The application as submitted conforms with all applicable zoning, General Plan and subdivision regulations of the City of Atascadero 0 • Lot Line Adjustment 9-87 (Paul Baum/Cuesta Engineering) EXHIBIT ' ) - Conditions of Approval Lot Line Adjustment 9-87 (Baum/Cuesta Engineering) May 19, 1987 CONDITIONS OF APPROVAL: 1. The lot line adjustment as generally shown on the map attachment provided herein shall be submitted in final map format or reflec- ted in a record of survey to be approved by the Community Develop- ment Department prior to recordation by the County Recorder ' s Office. 2. The proposed adjusted lot lines shall be surveyed and monuments set at the new property corners prior to recordation of the final map or record of survey. 3. A twenty-five foot wide ingress/egress and public utilities ease- ment shall be created along the southeastern boundary of Parcel 1 to benefit Parcel 2. 4. If a final map is to be recorded, all existing easements shall be delineated thereon. 5. Approval of this lot line adjustment shall expire two years from the date of approval unless a time extension has been granted pur- suant to a written request prior to the expiration date. 0 • Lot Line Adjustment 9-87 (Paul Baum/Cuesta Engineering) EXHIBIT "A - Conditions of Approval Lot Line Adjustment 9-87 (Baum/Cuesta Engineering) May 19, 1987 CONDITIONS OF APPROVAL: 1. The lot line adjustment as generally shown on the map attachment provided herein shall be submitted in final map format or reflec- ted in a record of survey to be approved by the Community Develop- ment Department prior to recordation by the County Recorder ' s Office. 2. The proposed adjusted lot lines shall be surveyed and monuments set at the new property corners prior to recordation of the final map or record of survey. 3. A twenty-five foot wide ingress/egress and public utilities ease- ment shall be created along the southeastern boundary of Parcel 1 to benefit Parcel 2. 4. If a final map is to be recorded, all existing easements shall be delineated thereon. 5. Approval of this lot line adjustment shall expire two years from the date of approval unless a time extension has been granted pur- suant to a written request prior to the expiration date. MEMORANDUM • TO: City Council June 9, 1987 VIA: Michael Shelton, City Manager UQ , FROM: Steven L. DeCamp, Acting Community Development Director SUBJECT: Tentative Parcel Map 11-87 LOCATION: 8255 Coromar Road (Ptn. Lot 13E, Block 7) APPLICANT: Frank Loving (Daniel J. Stewart) REQUEST: Subdivision of one parcel containing 0.94 acres into two lots of 20,475 square feet each. - On May 19, 1987, the Planning Commission conducted a public hearing on the above-referenced request, unanimously approving the parcel map subject to the findings and conditions contained in the attached staff report with a recommendation to be made to the Traffic Committee to • take a look at Coromar concerning the placing of cautionary signs. The applicant did not appear, however, he contacted staff earlier to indicate his agreement with the recommendation. Tim Eckles, Coromar Resident, expressed concern over the impact of the additional increase in lots relative to increased traffic and the fact that Coromar is a winding narrow road with no curbing or sidewalks. There was brief discussion among the Commission concerning the placing of cautionary signs along Coromar. RECOMMENDATION: Approve Tentative Parcel Map 11-87 subject to the findings and condi- tions contained in the staff report, along with a recommendation to be made to the Traffic Committee to take a look at Coromar with re- spect to placing cautionary signs along this road. HE:ps cc: Frank Loving Daniel J. Stewart City of Atascadero Item: B-5 . STAFF REPORT FOR: nnPlanning Commission Meeting Date: 5/19/87 BY:04Steven L. DeCamp, Senior Planner File No: TPM 11-87 Project Address: 8255 Coromar (Ptn. Lot 13E; Block 7; Atas. Colony SUBJECT: Subdivision of one parcel containing 0.94 acres into two lots contain- ing 20,475 square feet each. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . . .Frank Loving 2. Representative. . . . . . . . . . . . . . . .Daniel J. Stewart & Associates 3. Site Area. . . . . . . . . . . . . . . . . . . . .0.94 acres 4. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-X (20, 000 square feet mini- mum lot size) 5. Existing Use. . . . . . . . . . . . . . . . .Parcel 1 - single family dwell. _ Parcel 2 - vacant 6. General Plan Designation. . . . .High Density Single Family 7. Environmental Status. . . . . . . . .Negative Declaration posted April 30, 1987 B. ANALYSIS: The application before the Commission proposes the subdivision of one parcel containing 0.94 acres into two parcels containing 20,475 square feet each. The property proposed for subdivision is located in a RSF-X zoning district. The minimum lot size in this zone is 20,000 square feet where sewers are available and 0 .5 acre without sewers. Because sewers are available to the subject prop- erty, the 20,000 square foot minimum is applicable. The front parcel proposed for subdivision contains a single family residence. The new lot being created will be located to the rear of this existing dwelling. Access to that parcel will be by an easement crossing the front lot. The ingress/egress easement will also serve as a Public Utilities Easement allowing the rear lot to be connected to the existing utilities in Coromar . 0 0 Tentative Parcel Map 11-87 (Frank Loving/Daniel J. Stewart) The area surrounding the affected parcels was the subject of re- cent General Plan and Zoning Ordinance amendments allowing for the establishment of one-half acre and 20 ,000 square foot lots. The proposal before the Commission is in conformance with the new General Plan and Zoning Ordinance provisions. Staff believes that the type and density of development proposed is appropriate for the neighborhood. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 11-87 based on the Findings in Exhibit C and the Conditions of Approval in Exhibit D. SLD:ps ATTACHMENTS: Exhibit A —Location and Zoning Map Exhibit B - Tentative Parcel Map Exhibit C - Findings for Approval Exhibit D - Conditions of Approval 2 E�(�k1�31T A In L .... .... . . . TY OF ATASCADERO L �a-F�oN Zon Kg can 1 COMMUNITY DEVELOPMENT t, 1 1979 TP AA, DEPARTMENT V •` L , M i- �,� M WD 1.4F. 1ZZ W 1 ♦ � 777 V 1 q CR SZSS Go✓owLarr 000 v. P 41 J T c:x14151T B CITY OF ATASCADERO scan COMMUNITY DEVELOPMENT Mal' DEPARTMENT i Part H -67 'tie x J \ r QmP ON f All lJ " a �~, I *yam Kai G1/0& , IL • - �ZZ 0 0 Tentative Parcel Map 11-87 (Frank Loving/Daniel J. Stewart) EXHIBIT C - Tentative Parcel Map 11-87 Findings for Approval May 19, 1987 FINDINGS: 1. The creation of these parcels conforms to the Zoning Ordinance and the General Plan. 2. The creation of these parcels, in conformance with the recommended conditions of approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision and the type of improvement will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or that substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474.6 of the State Subdivision Map Act as to methods of handling and discharge of waste. Tentative Parcel Map 11-87 (Frank Loving/Daniel J. Stewart) EXHIBIT D - Conditions of Approval Tentative Parcel Map 11-87 May 19, 1987 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the. frontage of each parcel or its public utility easement prior to recordation of the final map. 2. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other buildings or other restrictions related to the easements, they shall be noted on the final map. 3. The applicant shall construct a City-standard drive approach to serve each parcel prior to recording the final map. 4. Obtain encroachment permits from the Public Works Department prior to construction of drive approaches and construct improvements as directed by the encroachment permit (s) . 5. Grading, drainage, and erosion control plans, prepared by a regis- tered civil engineer, shall be submitted for review and approval by the Community Development and Public Works Departments prior to issuance of building permits. 6. The applicant shall acquire and make an irrevocable offer for ded- ication to the City of Atascadero the following rights-of-way for public road purposes or submit proof acceptable to the City Attor- ney that said right-of-way has been previously dedicated for such purposes: a. Street Name: Coromar Road b. Twenty (20) feet from centerline along the entire property frontage. 7. Offers of dedication shall be completed and recorded prior to or simultaneously to recording the final map. 8. Wastewater disposal shall be by connection to the public sewer. 9. Obtain sewer connection permits from the Public Works Department prior to hooking up to sewer. 10. The applicant shall pay sewer annexation fees for the additional lot created prior to filing the final map. 11. The final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. r 0 Tentative Parcel Map 11-87 (Frank Loving/Daniel J. Stewart) a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submit- ted for review in conjunction with the processing of the final map. C. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 12. Approval of this tentative parcel map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. MEETING AGENDA = 97 _t7IF-M M M E M O R A N D U M • TO: City Council June 9, 1987 VIA: Michael Shelton, City Manager , FROM: Steven L. DeCamp, Acting Community Development Directorn� SUBJECT: Tentative Parcel Map 12-87 LOCATION: 5192 Portola Road (Ptn. Lot 17, Block 16) APPLICANT: Leon Janis (Twin Cities Engineering). REQUEST: Subdivision of one parcel containing 6 .0 acres into two lots of approximately 3.0 acres each. On May 19, 1987, the Planning Commission conducted a public hearing on the above-referenced request, unanimously (with Commissioner Nolan abstaining) approving the parcel map subject to the findings and con- ditions contained in the attached staff report, with modification to • Condition #6-1 to read: "16 foot wide asphalt concrete traveled way Mr. DeCamp pointed out that conditions #3-#7 apply if the existing private driveway is to be turned into a private road to provide access to the new lot. Condition #8 would allow for the establishment of a private driveway over the other easement. (If the applicant opts for #8, then conditions #3-7 would not apply.) Tom Vaughan, engineer for the applicant, spoke in support of the re- quest and noted his concurrence with Mr. DeCamp' s clarification on the intent of the conditions. There was brief discussion among the Commission concerning private road standards. RECOMMENDATION: Approve Tentative Parcel Map 12-87 subject to the findings and condi- tions contained in the staff report, with modification to #6-1. HE:ps cc: Leon Janis Twin Cities Engineering L _ City of Atascadero Item: B-4 STAFF REPORT • FOR: Planning Commission Meeting Date: May 19, 1987 BY: .pSteven L. DeCamp, Senior Planner File No: TPM 12-87 Project Address: 5192 Portola (Ptn. Lot 17; Blk 16; Atas. Colony) SUBJECT: Subdivision of one parcel containing 6.0 acres into two (2) lots con- taining approximately 3.0 acres each. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . .Leon Janis 2. Representative. . . . . . . . . . . . . .Twin Cities Engineering , 3. Site Area. . . . . . . . . . . . . . . . . . .6.0 acres 4. Zoning. . . . . . . . . . . . . . . . . . . . . .RS (2. 5-10.0 acre minimum lot • size) 5. Existing Use. . . . . . . . . . . . . . . .Parcel 1 - Vacant Parcel 2 - Single Family Dwelling 6. General Plan Designation. . . .Suburban Single Family 7. Environmental Status. . . . . . . .Negative Declaration posted May 5, 1987 B. ANALYSIS: The application before the Commission proposes the subdivision of one parcel containing 6. 0 acres into two (2) parcels containing approximately 3.0 acres each. The property proposed for subdivision is located in the RS (Resi- dential Suburban) zone. Minimum lot size in this zone ranges be- tween 2.5 and 10.0 acres depending upon the "score" of various performance standards. For this site, the minimum lot size cri- teria are: Staff Report - TPM 12-87 (Janis/TCE) Page Two Distance from center (0 - 8,000) 0. 20 Septic suitability (Moderate) 0. 75 Average slope (21-25%) 1.00 Condition of access (all weather) 0.75 General neighborhood character (0.96 acres) 0.19 Minimum Lot Size: 2. 89 acres The applicant has proposed lots of 2. 5 acres and 3.5 acres. A1- though the 2.5 acre lot does not meet the minimum required lot size, the total site is large enough to accommodate two lots at the minimum required size. Therefore, approval of the map can be conditioned upon redrafting of the map to insure compliance with the minimum lot size standards. The new lot has an adequate building site that is relatively level. Proper siting of the building pad and driveway should result in a minimal amount of required grading. Any grading that is required for driveways or building pads on slopes in excess of 20% will requre a Precise Plan review and approval. Precise Plan review is done at staff level and is dictated by the California Environmental Quality Act (CEQA) and this City' s guidelines for its implementation. Access to the subject property is over a long private driveway from Portola. This driveway serves two existing lots on its way to the new parcel being created. Because of the number of dwell- ings served, this driveway should be upgraded to private road standards prior to the creation of any additional building sites. An alternate access is available and may prove to be a more de- sirable approach. The property in question should pose few problems for residential development. An adequate building site is available and access can be upgraded. A properly designed septic system should provide adequate waste disposal. There are trees on the property; how- ever , the building site is relatively clear so that tree removal should be minimal. Finally, the density proposed for the property appears to be appropriate for the site and surrounding areas. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 12-87 based on the Findings contained in Exhibit C and the Con- ditions of Approval in Exhibit D. 2 • ��1 1$ T A 14KCITY OF(� ATASCADERO !1 �eis- ` asc�w COMMUNITY DEVELOPMENT DEPARTMENT pm AVE V NAD O►, Z � r a � J u Q i R r� h f TLp6?OL4 L( H) �`ps c►T 5-- RS - -A`` . (� . CITY OF ATASCADERO / ` ' ►scow •' COMMUNITY DEVELOPMENT A4-xP DEPARTMENT TPA 0-7 tl"$•� � �• is � •� l�-'. .i \��` ..�.7n�wuv esl i�ecst _ � _ or.4 , ice'% .•'.�/ � '� '�'b� ,' � • aZ _ LUf s��; I urs. �t •,( I • I I i- EXHIBIT C - Findings for Approval TPM 12-87 (Janis/TCE) May 19, 1987 FINDINGS: 1. The creation of these parcels conforms to the zoning ordinance and the General Plan. 2. The creation of these parcels, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development pro- posed. 4. The site is physically suitable for the density of development proposed. 5. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife of their habitat. 6. The design of the subdivision and the type of improvement will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or that substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474.6 of the State Subdivision Map Act as to methods of handling and discharge of waste. 3 • • EXHIBIT D - Conditions of Approval TPM 12-87 (Janis/TCE) May 19, 1987 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the final map. 2. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other building or other restrictions related to the easements, they shall be noted on the final map. '3. Grading, drainage, and erosion control plans, prepared by a regis- tered civil engineer, shall be submitted for review and approval by the Community Development and Public Works Departments prior to recording the final map. 4. Road improvement plans prepared by a registered civil engineer must be submitted to and approved by the Public Works Department prior to recording the final map. Said plans shall not result in the elimination of any existing trees over 8 inches DBH. 5. Construction of road improvements shall be completed prior to re- cording the final map. 6. Road improvements shall be to the following standard for a pri- vate road if the existing driveway is utilized: (1) 16 foot wide all weather traveled way (2) 20 foot wide road bed (3) Minimum 50 foot centerline radius 7. A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed, and a note to this effect shall be placed on the final map. 8. Access to the property may be provided by establishment of a pri- vate driveway serving two (2) or fewer lots over the easement for said purpose which runs to Santa Lucia Road. 9. Obtain encroachment permit(s) from the Public Works Department prior to recording the final map, and construct improvements as directed by the encroachment permit (s) prior to final building inspection. 4 Conditions of Approval- TPM 12-87 May 19, 1987 Page Two 10. If the existing driveway is to be utilized for the placement of utilities, a Public Utilities Easement shall first be established for said purpose. 11. The existing fire hydrant located along the existing driveway shall be upgraded to City standards prior to recording the final map. 1An offer of dedication to the public for the Public Utilities Easements shall be made. 3. All offers of dedication shall be completed and recorded prior to or simultaneously to recording the final map. 14 The boundary between proposed Parcels 1 and 2 shall be adjusted to result in lot sizes not less than 2. 89 acres. 15. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submit- ted for review in conjunction with the processing of the final map. C. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 16. Approval of this tentative parcel map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 5 M E M 0 R A N D U 11 : TO: City Council June 9 , 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development DirectorA),0 SUBJECT Acceptance of Final Parcel Map AT 820802 : 1 LOCATION: San Marcos Road. (Ptn. Lot 46, Block 40) APPLICANT: Robert Ibsen (Dan Stewart) On May 23, 1983, the City Council approved Parcel Map AT820802 : 1 subject to certain conditions and in concurrence with the recom- mendation of the Planning Commission. The required conditions have been complied with and the final map is recommended for • approval for the Phase I portion of the map only. (The City Council previously approved this final map on January 13 , 1986 ; however, the County Recorder rejected the map because of a law- suit between Mr. Langford and Mr. Ibsen. The map is now ready for recordation. HE:DD :ps cc: Robert Ibsen Dan Stewart tsi t C4kA In /rv120-D �WQV 0 O Q Q V AQ 'IN'JETSC `1 a p e I\\ x h 11`\` IR V Qi k O s . ' 3.2 �• �O �1 b. ��'0 Z V ti V a�.�o��_ �N J $ Jvl o+loz sSwaSero ssn . �Q w .33 �� • — rra•�re .�`"In'e+d/3ar,z.�tsss � O$tiZMti m ,'. IN CIA _ iL• 4 � �u �� � � � tom" ��'-e? x= �`. �w�Lsais•Q�. �� � � s.•lni, r s�aiv � 1.Q d°�k _ � c ter.�•� ( � h __-3333 p O J•z . ' r�®tea.•. 9t: � GZ 1 o.� Qw x W Q iv,lj4r. ,R Wi Yyj`� �,S �• 4 N ZN o' dLEE y a¢ o ,. 4� tJ.' 99JJJ9 i3`t'�� i • � ��"� F va -.� �� 3W3\3 `�y� 1 � ' ""'' m v N yyy ^� tit ; • �$ + �S N toz o O 0 _ o W i N h Q 59 21" 0f AGC= iDAIM DA- is M E M O R A N D U M TO: City Council June 9, 1987 VIA: Michael Shelton-,--City Manager FROM: Henry Engen, Community Development Director _' 4 /v SUBJECT: Acceptance of Final Lot Line Adjustment 4-87 LOCATION: 5505/5555 Bajada APPLICANT: Alice I. Jones & Koloman Lebovic (Cuesta Engineering) On April 14, 1987 , the City Council approved Lot Line Adjustment 4-87, subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The required condi- tions have been complied with and the final map is recommended for approval. HE:ps cc: Alice I. Jones Koloman Lebovic Cuesta Engineering i ----- - ...... E X 4113 1 i F3 • Lo-f- Lance Ai J✓�-I'IM.Q�h-t' ? LLA -1- 8-7 Nk ti - 2 m a ' 1� a If 16 ja it a � ilt n 20� g N' JS l4.1 2vaY zo T eT f i i� yT M I'� ` D,�n.��B/ _` — ��";/',PR 41 y Y e• -�' - '35✓/ �,� � yn�i .T.I,:'iD/a•e1' 'w. ` Q�A 21 Ik i 2 `gy�go \�!4c'oy'� n �,Q�ni^ a ppesos C,4`i 2121 � � ga3 a � n1 Baa 0 m •p e � T.pT2 4 2p�`? II 44 - tiyT2 � r 111- 17 M E M O R A N D U M TO: City Council June 9, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director xN SUBJECT: Acceptance of Final Parcel Map 38-86 LOCATION: 9110 Atascadero Avenue APPLICANT: Gary Schmidt (Kenneth Wilson) On February 23, 1987 , the City Council approved Parcel Map 38-86 , • subject to certain conditions and in concurrence with the recom- mendation of thePlanning is T anning Comm sion, he required conditions have been complied with and the final map is recommended for approval. HE:ps cc: Gary Schmidt Kenneth Wilson • LQ 06 n X� \ y to M e" Q Q , h 14-►1-N. P�r�( A4 a p Q M am PM 38 -56 4-4 v4 v p m �o Q W W o 3 �$�o • hp 3r. Qm h O W t p Q Q tS p 0 4miWQj2 Q4pi t �` W RQ Q \ ti m W Why y o 3 Q $ Qi ? e o o - ' W � E . P N O N N (Do b � \ - Q a O N � 1 W to A iw 9 AO N3A A o b Z _ 0 W V 1 y8 670' � Qc 1 98- � •2a. - Cw � N ry 96 o � o ' to Eos ^-�_.—•�Q PSE 409 0 a E FAN c � ER 15' S w 34°4 roi_t \ o i sell 1111111111111 �4 �9 , M E M O R A N D U M • TO: City Council June 9 , 1987 VIA: Michael Shelton, City Manager FROM: Steven L. DeCamp, Acting Community Dev. Dir.Akv SUBJECT: Planned Development Overlay Zones At your May 26 , 1987 meeting, the City Council requested background information and discussion regarding the "Planned Development" (PD) provisions of the City' s Zoning Ordinance. Attached to this report are excerpts from the Zoning Ordinance which address or reference Planned Development Overlay Zones. Exhibit A contains those sections of the ordinance which state the purpose, processing requirements, and findings for the establishment of PD zones. Exhibits A through G show the details of the City' s existing PD zones. Note that PD #5 has been repealed, but is included here as an example of typical PD language. Exhibit H includes those ordinance provisions which refer- ence the PD Overlay Zone as an alternative means of establishing mini- • mum lot sizes. The intention of the Planned Development Overlay Zone is to provide alternative development standards within the context of established zoning requirements. The PD can be designed to meet site specific design constraints or respond to neighborhood development considera- tions. Properly applied, the PD Overlay Zone should result in bene- fits to both the developer and the City. An example might include a lot size reduction for a developer in return for a guarantee of per- petual open space for the use and enjoyment of City residents. Section 9-3. 644 of the Zoning Ordinance contains findings that are to be made prior to the establishment of a Planned Development Overlay Zone. These "findings" should be used to insure that PD Overlays provide the desired benefits and meet the purposes stated in the ordinance. SLD:ps ATTACHMENTS: Exhibits A - H: Planned Development Overlay Provisions • ex w i e rrCITY OF ATASCADERO :1 1979- ascan :' COMMUNITY DEVELOPMENT Pi-ayknad Dwad-jow an-� DEPARTMENT OVa.rIaY ?V-0volcvo ADOPTED JUNE 27, 1983 PD (Planned Development) Overlay Zone 9-3.641. Purpose: The Planned Development Overlay Zone identi- fies areas where development standards or processing procedures dif- ferent from those established by the underlying zoning district, Chapter 9-4 or Chapter 9-6, are deemed necessary to promote orderly and harmonious development and to enhance the opportunity to best utilize special characteristics of an area. 9-3.642. _Applicability of Planned Development Standards: The standards of Section 9-3.645 et seq apply to all uses for which a zoning approval is required that are located in a Planned Development Overlay Zone. 9-3.643. Minimum Development Standards and Processing Require- ments: The development standards, special use standards and pro- cessing requirements of the underlying zoning district shall apply in a Planned Development Overlay Zone unless specifically modified, to a greater or lesser extent, by a Planned Development Overlay Zone. The • Planned Development Overlay Zone may be used as follows: (a) to modify setbacks; heights; parking and loading; landscap- ing, screening and fencing; signs; streets and frontage im- provements; and, other development and special use standards set forth in Chapters 9-4 and 9-6; and (b) to modify processing procedures set forth by the underlying zoning district (Chapter 9-3) ; and (c) to establish other development standards or processing re- quirements; and (d) to modify minimum lot sizes or permitted density. 9-3.644. Required Findings: In approving the establishment of a Planning Development Overlay Zone,. the following findings shall be made: (a) Modification of development standards or processing require- ments is warranted to promote orderly and harmonious development. (b) Modification of development standards or processing require- ments will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. (c) Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. (d) Proposed plans, if any, offer certain redeeming features to compensate for requested modifications. r3CITY F ATASCADERO _ 1911, Jr. , 1979-, COMMUNITY DEVELOPMENT V►S�ov,3 DEPARTMENT 9-3.645. Establishment of Planned Development Overlay Zone No 1 PD Planned Development Overlay Zone No. 1 is established as shown on the Official Zoning Maps (Section 9-1.102) . The following modifi- cations to development standards and processing requirements are established: (a) A Master Plan of Development shall be approved prior to ap- proving a Plot Plan, Precise Plan, Conditional Use Permit, or Tentative Parcel or Tract Map. The master Plan of Devel- opment shall be applied for and processed in the manner pre- scribed for a Conditional Use Permit (Section 9-2.109) . (b) in approving a Master Plan of Development, the level of pro- cessing for subsequent projects or phases may be reduced to ai Plot Plan provided that the Master Plan contains sufficient detail to support such a determination. (c) No subsequent Plot Plan, Precise Plan, Conditional Use Per- mit, or Tentative Parcel or Tract Map shall be approved unless found to be consistent with the approved Master Plan of Development. Any amendment to a Master Plan of Develop- ment, including conditions thereof, shall be accomplished as set forth in Subsection (a) of this Section. (d) A minimum front setback of twenty (20) feet shall be provided along the El Camino Real frontage of all parcels. Rear set- backs shall be a minimum of ten feet. (e) Plans shall make provision to develop an attractive appear- ance along Highway 101 through the use of landscaping, building and parking orientation and other means. (f) The number of driveways along El Camino Real shall be mini- mized to prevent potential traffic conflicts. (g) All utilities shall be installed underground. (h) Exterior building materials shall be reviewed for accepta- bility and shall exhibit compatible relationships between buildings on a particular site or parcel. { CITY OF X i3�7 G ATASCADERO - � ,._ COMMUNITY DEVELOPMENT p� # Z P�Vl�l DEPARTMENT Ole 9-3.646. Establishment of Planned Development Overlay Zone No. 2 j PD2. Planned Development Overlay Bone No. 2 is established as shown on the Official Zoning Maps (Section 9=1.102) . The following modifi- cations to development standards are established: (a) The maximum density shall not exceed one dwelling unit for each four acres of land although individual lots may be smaller provided that the overall project density conforms with the specified maximum density. i (b) Individual lot sizes shall be established in conjunction with the Tentative Tract Map considering physical features and site characteristics and shall not be required to-comply with minimum lot size criteria, including the two and one- half (2 1/2) acre minimum, required by the Residential Sub- urban Zone provided that the overall project density conforms with the specified maximum density. (c) Design of the subdivision shall incorporate mitigation mea- sures set forth in the Final Environmental Impact Report. (d) A Tentative Tract Map showing the proposed division of land for the entire site shall be submitted and approved prior to any site development. The Tentative Tract Map may propose a phasing plan for improvements and for future land divisions. (e) Individual lots not created by the recordation of the Tract Map approved for the entire site shall not be permitted to be reduced in size by subsequent land division even though said lots might otherwise conform to criteria set forth in the Residential Suburban Zone. CITY OF ATASCADERO 181X:"'III• , 1976-7 COMMUNITY DEVELOPMENT PD 3 P►ovisloh::� DEPARTMENT 9-3.647. Establishment of Planned Develo ment Overla Zone No. 3 PPD Planned Development Overlay Zone No. is established as shown on the Official Zoning Maps (Section 9-1.102) . The following modifi- cations to development standards are established: (a) A minimum front setback of fifteen (15) feet shall be pro- vided along the frontage of all parcels. (b) Parcels, including lots with double frontage, which have frontage on Santa Ynez Avenue, Amapoa Avenue, Navajoa Ave- nue and Atascadero Avenue with residentially zoned property on the same or opposite of the street, shall provide a twenty, five (25) foot setback; provided that the following may en- croach not more than 12 1/2 feet into the setback: (1) A one-story building less than fifteen (15) feet in overall height when designed to minimize visual impacts on adjacent residential uses. (2) Parking when designed to minimize visual impacts on ad- jacent residential uses. (c) Nonresidential uses shall not use local .streets as the pri- mary access to parking areas except when it is determined that no other feasible means-of access is available. (d) Nonresidential uses shall incorporate suitable screening and design features into plans in order to create a compatible relationship with adjacent residential uses. 6 c CITY OF A �x Ht 15 r c TASCADERO COMMUNITY DEVELOPMENT PD '; 4 Prov)sio DEPARTMENT 9-3.648. Establishment of Planned Development Overlay Zone No. 4 PD4. The Planned Development Overlay Zone No. 4 is established as shown on the Official Zoning Maps (Section 9-1.102) . The following modifications to development standards are established: _ i (a) No lot shall be developed unless it is connected to Traffic Way by a paved road. (b) Industrial uses shall incorporate suitable screening and design features into plans in order to create a compatible relationship with nearby residential uses. (c) Areawide circulation deficiencies shall be evaluated prior to the establishment of traffic-generating industrial uses. (d) Waste created by proposed industrial processes shall be re- viewed in conjunction with a Plot Plan, Precise Plan or Conditional Use Permit. When community sewers are not avail- able, the lack of adequate waste handling facilities shall be evaluated in considering whether or not to approve the application. CITY c x N 8 i-T F OF ATASCADERO _ mi COMMUNITY DEVELOPMENT CD 5 �rov�srflv�9 DEPARTMENT 9-3.649. Establishment of Planned Development Overlay Zone No. 5 (PD5) . The Planned Development Overlay Zone No. 5 is established as shown on the official zoning maps (Sec- ' tion 9-1.102) . The following development standards are established: a) Approval of a conditional use permit reflecting a master ] plan of development for a waterslide and related uses ; shall be required prior to approving a grading permit, or tentative parcel or tract map. The master plan of development shall be applied for and processed as a con- ditional use permit (Section 9-2.109) . b) In approving a master plan of development, the level of processing for subsequent projects or phases may be re- duced to a plot plan provided that the master plan con- tains sufficient detail to support such a determination. ' c) No subsequent plot plan, precise plan, conditional use permit, or tentative parcel or tract map shall be ap- proved unless found to be consistent with the approved master plan of development. Any amendment to a master plan of development, including conditions thereof, shall be accomplished as set forth in Subsection (a) of this Section. d) Building architecture shall be compatible with the arch- itecture of Hans Heilmann Regional Park. e) Landscape plans shall make provision to develop a dis- tinct buffer zone between the outdoor recreation use and adjacent residential property. 143 'A J aK��.ry u , �9s7 EX H I S IT GCITY OF ATASCADERO - � = COMMUNITY DEVELOPMENT 0 DEPARTMENT 9-3.650. Establishment of Planned Development Overlay Zone No. 6 (PD6) . The Planned Development Overlay Zone No. T is established as shown on the official zoning maps (Sec- tion 9-1.102) . The following development standards are established: a) Approval of a conditional use permit reflecting a master plan of development for a residential development and related uses shall be required prior to approving a grading permit, or tentative parcel or tract map. The master plan of development shall be applied for and pro- cessed as a conditional use permit (Section 9-2.109) . b) In approving a master plan of development, the level of processing for subsequent projects or phases may be re- duced to a plot plan provided that the master plan con- tains sufficient detail to support such a determination. ' C) No subsequent plot plan, precise plan, conditional use . permit, or tentative parcel or tract map shall be ap- ' proved unless found to be consistent with the approved '' master plan of development. Any amendment to a master plan of development, including conditions thereof, shall ' be accomplished as set forth in Subsection (a) of this Section. d) Building height shall be limited to thirty (not to exceed two stories) . (30) fee t, e) An open space easement shall be provided for those areasi above the 960 foot contour line as shown on the 19651, Atascadero, California USGS Quadrangle (15 minute ', series) . f) No portion of any structure, excepted as provided in Section 9-4.113 of the Zoning Ordinance, shall be exten- i ded above the 960 foot contour line as shown on the 19651 Atascadero, California USGS Quadrangle (15 minutes :, series) . g) A master plan of development prepared pursuant to this Section shall include a traffic analysis and circulation study, including analysis of ingress and egress to the area originating/terminating at E1 Camino Real. h)-. No development shall occur prior to the extension of sewer service to each lot, parcel, or building site pro- _ =posed for development. i) - The developer or applicant for development entitlement -. ,,,shall contribute a fair share of the cost of required off-site drainage, sewage, and circulation improvements as identified in the master plan of development and as required by the City Engineer. CITY OF ATASCADERO - �-.�se! COMMUNITY DEVELOPMENT �' Ztnd GPK DEPARTMENT Lo+ --:�tZa. Provil',041 ;Cn R-C&1111"- SIAA MU I-�J� ld �a► , ly (.K MF) Zonis z I 9-3.174. Lot Size: The minimum lot size in the Residential Mul- tiple Family Zone shall be one-half acre. Smaller lot sizes may be allowed for planned residential developments, including condominiums and mobilehome developments, provided that the overall density within. the project conforms with Section 9-3.175 (Density) . Zn �Vt1WIdrGl�l.` PAS k- �GPK-) Zone's 9-3. 254. Lot Size: The minimum lot size in the Commercial Park Zone shall be two acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Park Zone. AGENDA ITEM: B-2 THE DRAFT BUDGET WILL BE AVAILABLE FOR DISTRIBUTION ON FRIDAY, JUNE 12, 1987 City of Atascadero BUDGET REVIEW WORKSHOPS FISCAL YEAR 1987-88 METHODOLOGY - Attached schedule is proposed to enable Council to review all departmental budgets. Each department head will be available to answer questions and provide a brief overview of the budget material. Department heads will address base level budgets, next year's proposed Capital Improvement Proj- ects and new & expanded service level requests. - Staff will be present during all budget workshop sessions to record any changes, deletions or additions you may make and insure the are included Y Y Y in the budget resolution for your consideration in adopting the final budget. - All outside organizations requesting funds have been scheduled to provide a brief verbal presentation in addition to the written material submitted. - It is recommended Council hear all outside funding requests and new & ex- panded service level requests prior to making any decisions. It will then be necessary for Council to determine when and how you will make decisions on those items. - It is intended that a resolution will be presented to the Council at your next regular meeting on June 23, 1987, adopting next year's budget. Should Council feel, at the conclusion of the workshop sessions, that additional review time is desired, Council may want to hold a special meeting after the June 23, 1987, meeting to conclude the review and adopt the budget. - To meet certain legal requirements, a budget public hearing will be sched- uled for your regular June 23, 1987, meeting. MBS/cw (6/9) BUDGET MEETING SCHEDULE Date Time Department June 16 8:30-9:15 a.m. Fire 9:15-10 :45 a.m. Parks & Recreation 10 :45-11:30 a.m. Police June 17 8:30-9 :30 a.m. Community Development 9: 30-11: 30 a.m. Public Works June 18 8:30-9:30 a.m. Administrative Services City Manager All Other Departments 9: 30-11:30 a.m. Outside Organizations Department Presentations will cover base level budget, new and expanded service requests and Capital Improvement Projects. file: bcalendr (6/8/87) h',EE NAG NDA MEMORANDUM TO: City Council June 9 , 1987 VIA: Michael Shelton, City Manager kl ' FROM: Steven L. DeCamp, Acting Community Dev. Dir. RE: Solano Road Abandonment The Streets and Highways Code requires the City _ Council to adopt a resolution of intent to vacate a public road or easement. As the applicant has requested and this resolution indicates, the public hearing is to be held on June 23, 1987. RECOMMENDATION: Approve the attached resolution and set a public hearing date of June 23, 1987 for Road Abandonment 1-85 (Solano Road) . DD:ps Enclosure: Resolution No. 41-87 • 0 RESOLUTION NO. 45-87 ' • A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DECLARING INTENT TO VACATE SOLANO ROAD PURSUANT TO STREETS AND HIGHWAYS CODE; PART 3, CHAPTER 3, SECTION 8320 WHEREAS, Streets and Highways Code Section 8320 requires that the Council shall, by resolution, advise of its intention to vacate a street described as follows: Solano Road as shown on the attached Exhibit; and WHEREAS, pursuant to Government Code Section 65402, the City Plan- ning Commission has recommended to the Council its finding that vaca- tion of Solano Road is in conformance with the General Plan; and WHEREAS, pursuant to Streets and Highway Code Section 2381, the City Planning Commission has recommended to the Council its finding that Solano Road is not suitable or useful as a non-motorized trans- portation facility; and WHEREAS, the vacation of Solano Road will not affect any in-place, in-use public utility facilities or that adequate relocation of utili- ties is provided. NOW, THEREFORE, the Council of the City of Atascadero resolves as follows: 1. The City Council shall hold a public hearing on June 23, 1987 to consider a Resolution of Vacation at which time all per- sons interested in the proposed vacation may be heard. 2. The City Clerk shall cause the notice of this public hearing to vacate Solano Road to be published in the same manner as other resolutions of this Council. 3. The Clerk shall execute and file an affidavit, as proof of publication of the notice of public hearing to vacate. 4. The Director of the Community Development Department shall forthwith cause to be posted, conspicuous notices of vacation in compliance with Streets and Highways Code Section 8323. As proof of the posting of the notice, the Director of the Community Development shall execute and file an affidavit setting forth and file an affidavit setting forth the facts of the posting in detail, as to time and manner. • 0 PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero' held MARJORIE MACKEY, Mayor City of Atascadero, California AYES: NOES: ABSENT: ATTEST: BOYD C. SHARITZ, City Clerk APPR VED AS TO CONTENT: I, X�'=,.�� MIC SHELTO , City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director LS Y/A0 A• EXHIBIT A RESOLUTION MF f y ,,' M�• (PD ; SOLANO RDpl $, , > IT CO f ` �vQQ_ �< U-r-' GTI C R cc =R S f • �, �f P AGENDA • M E_-.M ORANDUM TO: City Council 'Members t June 9 , 1987 FROM: Paul M. Sensibaugh Public Works Director SUBJECT: ESTABLISHING PROCEDURES FOR UNDERGROUNDING OF UTILITIES (ORDINANCE 153) RECOMMENDATION: Approve the second and final reading of Ordinance 153 - establishing the regulations and procedures for removing overhead utilitities and installation of underground utilities within the city . BACKGROUND: • On the June 26 , 1987 City Council Meeting , Council reviewed the above referenced ordinance and approved it in a first reading. kv i G7.,NDA MEMORANDUM To: Honorable Mayor and City Council Through: Michael Shelton, City Manager From: Paul SMS ensibaugh, Director of Public Works/City Engineer Subject : Undergrounding Enabling Ordinance Date : May 15, 1987 Recommendation: The Undergrounding Committee recommends that Council adopt the attached enabling ordinance. Backround: At the last regular meeting Council gave tentative approval of the downtown area as the first priority location for the expenditure of Rule 20—A PG&E funds, and directed staff to bring back an enabling ordinance at the next regular meeting which would allow a futu resolution to establish boundaries for a district in the downto16 area. Discussion: The attached ordinance will allow the Council to entertain a resolution for an undergrounding district and to hold public hearings with respect to a specific project as described in such resolution. It also sets forth procedures for dealing with the private connections . The Undergrounding Committee plans to meet on May 19 at which the schedule for bringing back a resolution will be discussed. The schedule ,which will show proposed dates for the complete project, will be provided to you seperately as it is not a part of this Particular agenda item. Fiscal Impact : There are no costs associated with the subject ordinance . Subsequent actions will determine how the $730, 000 now available will be expended. • ORDINANCE NO. 153 AN ORDINANCE OF THE CITY OF ATASCADERO ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDER- GROUND UTILITY DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE CITY __OF_ATASCADERO______ -------------- AS FOLLOWS: Section 1 DEFINITIONS Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall. have the respective meanings assigned to them in the following definitions: (a) "Commission" shall mean the Public Utilities Commission of the State of California. (b) "Underground Utility District" or "District" shall mean that area in the City within which poles, overhead wires, •and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 3 of this ordinance. (c) "Person" shall mean and include individuals, firms, corporations, partnerships, and their agents and employees. (d) "Poles, overhead wires and associated overhead structures" shall mean poles, towers, supports, wires , conductors, guys, stubs, . platforms, crossarms, braces , transformers, insulators, cutouts, switches, communication 1 of 13 icircuits, appliances, attachments and appurtenances located j above-ground within a District and used or useful in supplying electric, communication or similar or associated service. (e) "Utility" shall include all persons or entities I supplying electric, communication or similar or associated service by means of electrical materials or devices. Section 2 - PUBLIC HEARING BY COUNCIL The Council may from time to time call public hearings . to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the Cit and the underground Y g installation of wires. and facilities for supplying electric, communication, or similar or associated service. The City 'Clerk shall notify all affected property j owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten (10) days prior to the date thereof. Each such hearing shall be open to the public and may be continued from _ time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive. I' 2 of 13 Section 3 — COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY RESOLUTION If, after any such public hearing the Council finds that the public necessity, health, safety or welfare requires isuch removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an Underground Utility District and , order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the -installation of such underground facilities as may be occasioned thereby. Section 4 — UNLAWFUL ACTS Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 3 hereof, it shall be unlawful for any person or 'utility to erect , 3 of 13 construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the District after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or, occupant to continue to receive utility service as provided in Section 9 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this ordinance. Section 5—EXCEPTION., EMERGENCY OR UNUSUAL CIRCUMSTANCES Notwithstanding ------------- II the provisions of this ordinance, overhead facilities may be installed and maintained for a period, not to exceed ten (10) days, without authority of the Council* in order to provide emergency service. The Council may grant special permission, on such terms as the Council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct , I install, maintain, use or operate poles, overhead ,-wires and i associated overhead structures. . I 4 of 13 Section 6 — OTHER EXCEPTIONS This ordinance and any resolution adopted pursuant to Section 3 hereof shall, unless otherwise provided in such resolution, not apply to the following types of facilities: (a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City I I Engineers. I (b) Poles or electroliers used exclusively for street lighting. I (c) Overhead wires (exclusive of supporting structures) crossing any portion of a District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a District, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited. (d) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts. (e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street. 5 of 13 I i (f) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication i services. (g) Equipment appurtenant to underground facilities , such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts. (h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. . Section 7 — NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES Within ten (10) days after the effective date of a resolution adopted p pursuant to Section 3 hereof, the City Clerk , shall notify all affected utilities and all persons owning real property within the District created by said resolution of the Adoption thereof. Said City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules , regulations and tariffs of the respective utility or utilities on file with the Commission. i I • 6 OF 13 Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 3, together with a copy of this ordinance, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Section 8 -- RESPONSIBILITY OF UTILITY COMPANIES If underground construction is necessary to provide Utility service within a District created by any resolution adopted pursuant to Section 3 hereof, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission. (a) Every person owning, operating, leasing, occupying or renting a building or structure within a District shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 8 and the termination facility on or within said building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 3 hereof, the City I 7 OF 13 Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten (10) days after receipt of such notice. (b) The notice torovid p e the required underground facilities may be given either by personal service or - by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, . City of ATASCADERO If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty- eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within forty-eight (48) hours 4fter the mailing thereof, cause a copy thereof, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on said premises. 8 of 13 (c) The notice given by the City Engineer to provide the required underground facilities shall -particularly specify what work is required to be done, and shall state that if said work is not completed within thirty (30) days after receipt of such notice, the City Engineer will provide such required I underground facilities, in which case the . cost and expense j thereof will be assessed against the property benefited and i become a lien upon such property. (d) If upon the expiration of the thirty (30) day period, the said required underground facilities have not been Provided, the City Engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests 9 of 13 against the assessment of the cost of such work upon such premises, which said time shall not be less than ten (10) days thereafter (e) The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there by any, and then proceed to affirm, modify or reject the assessment. (g) If any assessment is not paid within five (5) days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the Assessor and Tax Collector a notice of lien on each of said properties on which 10 of 13 the assessment has not been paid, and said Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and Payable, and if not paid when due and payable, shall bear interest at the rate of six per cent (6%) per annum. Section " 9 - RESPONSIBILITY OF CITY City shall remove at its own expense all City-owned equipment from all poles required to be removed hereunder . in J ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 3 hereof. Section to - EXTENSION OF TIME IIn the event that any act required by this ordinance or by a resolution adopted pursuant to Section 3 hereof cannot be Performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes , labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. 11 or 13 Section 11 - PENALTY It shall be unlawful for any person to violate any provision or . to fail to comply with any. 'of the requirements of j this ordinance. Any person violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty ofa misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars i ($500. 00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this i ordinance. Section 12 - CONSTITUTIONALITY ----------------- If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions Of this ordinance. The Council hereby declares that it would have adopted the ordinance and each section, sub-section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub-sections, sentences , clauses or phrases be declares invalid. 12 or 13 Section 13 - PUBLICATION The City Clerk is hereby directed to cause this ordinance to be published by one insertion in the ATASCADERO NEWS a newspaper of general circulation printed, published and circulated in City and hereby designated for that purpose by the Council. Section 14 - EFFECTIVE DATE This ordinance shall take effect and be in force thirty (30) days from and after its adoption. This ordinance was introduced and read on the day 9f ----------------i 19---, and passed and adopted on the i ------------- day of 19----, by the following ----------------1 ' vote: i - - AYES: NOES: ABSENT: ATT&ST: BOYD C. SHARITZ MARJORIE R. MACKEY, Mayor City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: G. 0 N V PAUL M. SENSIBAUGH ft t tto n Director of Public Works 13 of 13 { 7:itiJ •& `tiDA M E M O R A N D U M : TO: City Council June 9 , 1987 VIA Michael Shelton, City Manager FROM: Steven DeCamp, Acting Community Dev. Dir. / /D SUBJECT: Zone Change 23-86 : Ordinance No. 150 (Second Reading) BACKGROUND: On May 26 , 1987, the City Council conducted a public hearing on the above-referenced subject, approving a first reading of Ordinance No. 150. RECOMMENDATION: Conduct a second reading of Ordinance No. 150 and formal adoption of the ordinance. /ps • ORDINANCE NO. 150 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION MAP NUMBER 17 OF OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO AND AMENDING THE OFFICIAL ZONING ORDINANCE TEXT BY REZONING CERTAIN PROPERTY KNOWN AS LOT 6 , BLOCK lA (ATASCADERO COLONY) , FROM RMF/16 (RESIDENTIAL MULTIPLE FAMILY) TO RMF16 (PD-7) (RESIDENTIAL MULTIPLE FAMILY - 16 UNITS PER ACRE - PLANNED DEVELOPMENT NO. 7) (ZC 23-86 - CALIFORNIA MANOR) WHEREAS, the proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning reg- ulations; and WHEREAS, the proposed amendment will not have a significant ad- verse effect upon the environment. A Negative Declaration has been prepared on the project. WHEREAS, the Atascadero Planning Commission held a public hearing on March 17, 1987, and has recommended approval of Zoning Ordinance Change 23-86. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land uses and ex- isting zoning in the area. 2. The proposal is consistent with the General Plan Land Use Map des- ignation for the site and is consistent with other policies of the General Plan. 3. The proposal will not result in any significant adverse environ- mental impacts. The Negative Declaration prepared for the project is adequate. Ordinance No. 150 Page Two 4. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing re- quirements. 5. Proposed plans offer certain redeeming features to compensate for requested modifications. 6. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 7. Modification of development standards or processing requirements will enhance the opportunity to bestutilize special character- istics of an area and will have a beneficial effect on the area. Section 2. Zoning Map. Map Number 17 of the Official Zoning Maps of the City of Atasca- dero on file in the City Community Development Department is. hereby amended to reclassify Lot 6, Block lA (Atascadero Colony) as shown on attached Exhibit "A" which is hereby made a part of this ordinance by reference. Section 3. Zoning Text Change. Zoning Ordinance Text Amendment 23-86 is approved to change the text of the Zoning Ordinance to read as follows: 1. Section 9-3.651 is added to the Planned Development Overlay Zones to read as follows: 9-3.651. Establishment of Planned Development Overlay Zone No. 7 (PD7) . The Planned Development Overlay Zone No. 7 is es- tablished as shown on the official zoning maps (Section 9-1.102) . The following development standards are established: a. The Master Plan of Development of the site is approved as shown on Exhibit B which is hereby made a part of this ordin- ance by reference. All construction and development shall be done in conformance with the approved Exhibit. Any modifica- tion in density will require a rezoning. Modification of the Master Plan site design may be approved in a manner pre- scribed for a Conditional Use Permit (Section 9-2. 109) . b. In approving a Master Plan of Development, the level of pro- cessing for subsequent projects or phases may be reduced to a Plot Plan provided that the Master Plan contains sufficient detail to support such a determination. • Ordinance No. 150 Page Three C. No subsequent Plot Plan, Precise Plan, Conditional Use Per- mit, or Tentative Parcel or Tract Map shall be approved un- less found to be consistent with the approved Master Plan of Development. Any amendment to a Master Plan of Development, including conditions thereof, shall be accomplished as set forth in Subsection (a) of this Section. Section 4. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code Section 36933; shall cer- tify the adoption of this ordinance; and shall cause this ordinance and certification to be entered in the Book of Ordinances of this City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and ef- fect at 12:01 a.m. on the thirty-first (31st) day after its passage. On motion by and seconded by the foregoing ordinance is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: BY: MARJORIE MACKEY, Mayor City of Atascadero, California Ordinance No. 150 Page Four ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: I F Y G SEN, City Attorney P ARED . HENRY ENGE Community D velopment Director F B - _ - 'RMF%16 °•♦. RMF%16 Y. . •,.,. = J,�I�I/ • [,., ;s�_�,1� •, • e '`� ti�p 'O ° •a C• 't � c`,q•� :v 4i S ,,d.. (E"'1.n' .? . •' 'r r .. ti?4 / " •i'• .,,[• 1 '> �•:�"\ri' � •♦ \� • , �~mo- LSF I. .!'i'L ar..' t x: , to e•x ♦ .. y T.o •� L\s.�,y,; d , _ r;i : •'9 B� ,'-'(°�a •a wae. � � �•n a f I • � t• �•Xn ,4 ., � `..SL♦•'� . , • •y •�� Jr t)e,le. �• •' •O'° • ♦° tL, L • u+r,.a,b, � a.1*".. ''3 �♦ RM'F116 =° ' � 1 ,w F 1 ) � % � A ,ri f'`ti ��: o�; `�•. " ' - • � ,ir 2��,•' [' _ `4�1 y N •• >• ^`P ) •' t .'s A ♦r w?'„ _^e+t, ' r •*r � � Po -i,3t°'ee,�•• 17r+..•' -• e3 ;'s,s �• a' `. � M1/� ars a^`y ,. >• •. 1 6 'eia�'.a k• +s ra "; t Y" y , yu ,°5�, '•. S ,t ,� '-. \: +� >. �/ ,•may^ ,•p , Q - t! } d ' �• ♦�♦ �.�• a - jtiet+ ,/+ls° ^r,-T.� rQ. ,art„ • ,• �sl• 11 t ,a i• s t°.,,-� .'��. •b'r '•� , 'o., "°[,', 't •' t•ato I! .L- r,i.. ,..2•j•,• L , r t. �,, -.,--"i 1�6. r�rr,. i t• ''ie rwfr g - ,`�. t• ^a` 18,� •,•r ua,. CiP j�. +] [e ,a ,t,: u '�"° tT• �re ,�t - + �.o,.•• , ,�a k,:�� zsze0 • t: [• ,ro ,,,, aeoo ;' .1t " ,,= t a�'. ,1� „ '�• ++ 'Jf•} r'•5� .v.,' i0- l9 7 ett.� `'.t % �.w ♦ J r.� .i 2 '*•td c,''"' i $ „ _.oe a ,,,° ';s 20 t- ti o R ; 't;.. „�''` .. LSF—Y • .e s, • rrm �' .s -? � 4'1. R. '.°. 2, � 3O z•e ore , 91', 4-- ••u[' r t -.. 1� • , .,.�[ .t.;,;_. ro, if stn, .•>. t• t:r-[•_ °j...,l ir• Szs• [.e '>s,rm r t '.jr Jz �� ee �•, �b AT-60-C41 12-81 �,,d r at 7,k° ;d ✓ii"f,',+'= < 'aro .�}. *'i�•� A 7e- �;ry' - :. .�' S iz Num 'srsS 't•O ar ' :.is.; • �.-.1�' - •� L6S Ii.yl CN(P03) ,, • e a� >.,'. atc, LSF-Y(FH) AT 78 Gs 12-81 T AT 78-21_ IL'3i_I ' >,2+ ,_iro '•- h ''w •-o ',[ Iew •i.`, • ` TR4CT 1004 8 1. ,z- , +. .�� • #,P ,,'t- :z •Jp «I „ ,•- .1. ,r :(+ 1•x\4 •�a a;� r " ^Di 1 ZINE GN/)t\1C Day zE 23 '1rSG 1•,e P ti 7tiZ! S LSF-Y i� :r,OI g• E ' — �i �� LOT gT'A Y5A-f;;L-L ,'•r!• + „ o� raat`; IG 17•�,e"a - rz I/7J z „ -s a , y �7 -- z M F !G TD TLlYI •/G(PD• 7) •' t a - ,z•w ••S arb _ Y l t 9 `:e •f t5 tz 1 "�'• rani 1 �1• 1 ^ � L--- I 11 r• •( , [ ice••w,/� y°r"'`•'',•' / O `O 9+ 2S 0 � [\ 1 G CP 27 _.:�,� .,?+ „tf�S,t .� ry .\e•� yam% a Q _ ' . , _.'-cj3 -ut+ .; .° °41, r- '-8;4�-� E °`>f • •� 20 �� �s.r`'•� '4, � +„tt •s, ^i ,.. � Xaa •q: ,..t)d•1 >> �. A 29 • tf' ,tis#,, 'aee, i ,4 .^, 3: ge°9/"� - `�r� Z'r��•'a¢% 'RMF/16(FH) ,- _ CITY OF AT �.i G,�ra Planning Department ��' 6G �iF y� �A�r! •`,III �} II +- ,__--•,-,� 111 � )„•.'.s,e.n.,il�i'�,• v.�'a•s�.elti.:� _ . ..•moi •4 1 KIT76 f • 1 . w7a+.w..arui�+w:wn.t ti e.•.. ,.r.•'•'.'�•-`•. ,;•_, - o i . p No. .l'7 z��c caw Ma n1rC 23 �(o c NTA YSAEE-L 77 2I WA F•• i b 7D [,^ ;7` RECEIVED M;IY - 4 - - --- - o o S� 7 i Z - 4G� mfr i /9' • h4t157L fe -PL 4lV — — EJV-a125IT S • 07ZDln AMM __ _= - _ - ------ -- --- ZDNC c-YA13E- ?-Z -Sb O Z4 z l SAN77) YSABOL��zl * T�A� ySi4f3EL MAT.!i 715 F-MF-f A7 lb ,SPD•7� �� .. 7Eo M:E-i N- AG,-NDA DAT • MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager FROM: Paul Sensibaugh, Director of Public Works SUBJECT: Rental of Rotunda Room (Resolution 46-87) DATE: June 2 , 1987 Recommendation . It i recommended that Council approve the attached resolution amending existing Resolution No . 21-87 which sets the fees and policies for the rental of City facilities . Background: • Council decided at the meeting of May 26th to again offer the 4th Floor of the City Administration for rental by private individuals or groups . Attached is a set of Rules and Regulations for the Use of the Fourth Floor, a Fee Schedule, and the enabling resolution . Fiscal Impact : It is anticipated that the rental will be self- supporting. Funds remaining over costs incurred will be deposited in the General Fund. • RESOLUTION NO. 46-87 • A RESOLUTION OF THE COUNCIL OF THE CITY OF AMENDING RESOLUTION 21-87 TO INCLUDE FEES AND REGULATIONS FOR THE USE OF THE FOURTH FLOOR OF THE CITY ADMINISTRATION BUILDING WHEREAS, City Council has determined that the Rotunda Room shall be made available for use by private individuals and groups ; and WHEREAS, it is appropriate to establish fees and regulations for the use of City facilities . NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Atascadero does hereby adopt the attached Fees and Regulations for the use of the Fourth Floor of the City Administration Building. This resolution shall become an amendment to existing Resolution 21-87 which established fees and procedures for use of Parks and Recreation facilities . On motion by Councilperson and seconded by Councilperson the foregoing resolution is hereby adopted in its entirety by the following roll call vote AYES ; NOES: ABSENT : ADOPTED: CITY OF ATASCADERO . MARJORIE R. MACKEY, Mayor ATTEST : BOYD C . SHARITZ, City Clerk APPROVED AS TO FORM: JEFFREY G. JORGENSEN • City Attorney APPROVED AS TO CONTENT : PAUL M. SENSIBAUGH RULES AND REGULATIONS FOR THE USE OF THE FOURTH FLOOR OF THE CITY OF ATASCADERO ADMINISTRATION BUILDING All persons or groups requesting to use this City facility must first obtain a permit for that use from the City of Atascadero Department of Parks and Recreation, hereinafter called "City By accepting said permit , that person or group, hereinafter called "Permittee" , agrees to faithfully comply with the following terms, and Condit 'A : ''���1J0. ermitteill have the right to use those areas , between thos�times and for the rate shown on the City permit . City is under no obligation to allow the use of additional areas to Permittee, nor, unless previously arranged, provide Permittee with the excls'w�ve use of the subject building. A cleaning and damage deposit be required. Such deposits shall be payable at the same time as the fees provided herein . Appropriate refund shall be made after inspection and corrective adtion, if required, has been taken. Refunds will be processed within thirty (30) daysz,�- � ssrox There will be no refund of fees for a cancellation less than thirty (30) days from date of function . However , a refund may be made by the City if the building, or reserved area thereof, is rented to another party for the previously reserved but cancelled time. 2 . All reservations for the use of the subject building shall be made and confirmed through the: DEPARTMENT OF PARKS AND RECREATION CITY OF ATASCADERO 6500 PALMA AVENUE P.O. BOX 747 ATASCADERO, CA 92423 Reservations must be paid for at least thirty (30) days in advance at the Department of Parks and Recreation . In the event that conflicting requests for facility use are made by two or more parties , priority shall be determined on the basis of full payment of fee first received. The number of advance reservations by any particular individual , group, or organization may be limited when such is in the public interest . All functions taking place within the subject building shall cease by 12 : 00 midnight except by prior approval . i • 3. Permittee may held personally responsible and accountable for the condition of the building and actions of attendees , whether invited or not , and for any damage caused by attendees , during Permittee' s function . If Permittee is a group or organization, a single person must be named as the responsible party for that groups' or organizations' function. All minors , entering subject building as a result of Permittee' s use shall be kept under direct and immediate supervision and control by Permittee . 4 . Permittee hereby agrees to defend, indemnify and save harmless the City and its officers , agents and employees , in any and every way from any and all manner of damages , charges , suits and expenses which they may sustain or be put to by reason of Permittee' s occupancy or use of subject building, or any activity carried on by Permittee in connection therewith, 5 . Rates for the use of subject building as set by the City Council shall be available for inspection at the offices of the Department of Parks and Recreation . City Council reserves the right to modify those rates and/or demand deposits , based on Permittee' s proposed use . 6. City shall provide a Building Attendant , during Permittee' s occupancy of subject building, to assist in Permittee' s use of the Building. Building Attendant will lock and unlock subject building. Permittee will not be given a key . Building Attendant is not responsible for the collection of fees or returning of deposits paid. Building Attendant will not be responsible for setting up tables or chairs , moving furniture or equipment , or cleaning up after Permittee' s function . Set-up and Clean-up is the responsibility of the Permittee. 7 . Permittee shall have the right to inspect subject building prior to function in the company of Building Attendant and submit to same a list of deficiencies for which Permittee does not wish to be held accountable . Failure by Permittee to request said inspection shall , in itself, constitute an acknowledgement that the subject building is in good condition . Any deficiencies or damage, which are in evidence upon completion of Permittee' s function , and for which _ Permittee may reasonably be held accountable, shall become Permittee' s responsibility . Permittee shall have the right , at the end of Permittees' function , to re-inspect subject building in the company of Building Attendant , to discuss specific deficiencies and damages , if any, for which Permittee will be held accountable . 0 0 8 . Permittee shall leave subject building in as clean and neat a condition as was received, subject to the discretion of the Building Attendant . Said condition will include, but is not limited to the following; A. Proper storing of all tables , chairs , etc . B. Replacement of any furniture moved or relocated C . Removal of all trash and garbage to proper container as directed by Building Attendant . D. Cleaning of all kitchen equipment and utensils used if any . City does not guarantee the fact that said kitchen equipment and utensils are sanitary and clean prior to use. It will be the responsibility of Permittee to inspect said equipment prior to use . E. Sweeping and/or vacuuming of all floors . Floors need not be mopped or cleaned by Permittee except in the case of excessive use. Permittee shall be held responsible for any cleaning or excessive cleaning resulting from use . Permitttee shall allow ample time for cleaning of the building during the hours it is reserved. Permittee will be charged by the hour for any holding over of time beyond the time reserved, whether for continuing the function or for cleaning, at the current rate approved by the City Council . Should Permittee wish to return after the function is complete for the purpose of cleaning, arrangements should be made at the time of reservation to avoid conflict with another function . Should Permittee fail to return to clean subject building within the time allowed, City reserves the right to clean said space and bill Permittee for actual costs . - Said cleaning by City will be based on the current rate of labor plus overhead and supplies . 9 . City reserves the right to re-assign areas used, if necessary, to provide for the maximum use of the building. 10. City reserves the right , at City' s sole discretion, to require that property damage and liability insurance naming City as insured, be provided by Permittee, at Permittee' s sole cost and expense, at such limits as set by the City Insurance Manager . 11 . Exhibits and decorations must be approved by the Building Attendant prior to installation . At no time may Permittee nail , staple, tape p p or glue decorations to ceiling, walls , painted wa , P d surfaces , fabrics , or floors . All decorations must be flame proof in accordance with local fire regulations . Permission to place signs on the exterior of the building must be obtained in advance from the Building Attendant . 0 12 . City reserves the right , through its Building Attendant to regulate the use of equipment , devices , or activities which Building Attendant deems unsafe or which may constitute a hazard to Permittee or other user of premises , including but not limited to: A. Keeping access ways free of obstructions . B. The covering or bridging of exposed wiring, piping or conduit used for supplying electrical service . Thermostats and fuses shall not be tampered with . In the event of any difficulties with thermostats or fuses , Permittee shall immediately notify Building Attendant . Licensee shall not remove equipment or furnishings from the building. Permittee acknowledges liability for the destruction or removal of equipment and furnishings during the period of Permittee' s use of the premises . Regalia and paraphernalia of organizations shall be kept in a neat and orderly manner . 13 . The sale or consumption of alcoholic beverages is hereby prohibited. 14 . Permittee shall bear full responsibility for obtaining any and all permits and clearances necessary to hold the proposed function, including, but not limited to, the following: A. Health Permit - when offering food for sale. B. City permit for dances , concerts and other applicable functions , C . Fire Marshal clearance D. Liability Insurance naming City as additional insured. Proof of receipt of proper clearances must be received by the Department of Parks and Recreation at least thirty (30) days prior to function . Any requirements for inspections , security officers or Fire Marshal shall be at the sole responsibility of the Permittee . Permittee shall determine if a City Business License is required for function and apply for said license, if required at the City Community Development Department . Permittee shall provide the Department of Parks and Recreation with a copy of license prior to the date of the function . 15 . At any large gatherings , Permittee may be required to provide, at no cost to the City, a Deputy Fire Marshal to assure compliance with local fire safety ordinances At no -time shall Permittee allow function to exceed posted room occupancy levels without a waiver from the Fire Marshal . 0 0 Permittee acknowledges responsibility for complete security in the subject building during Permittee' s occupancy . At any function in which the Permittee conducts a public dance, or any dance where teenagers are in attendance, Permittee shall provide, at no cost to the City, adequate security protection. Said protection shall include, but shall not be limited to, at least two uniformed peace officers in attendance at and during the entire duration of any said activity . 16 . Permittee agrees and promises that it will comply with and observe all applicable statutes , ordinances , rules and regulations , of the Federal, State, Municipal County or other public authority . 17 . Violation of any of the rules contained herein by Permittee shall be sufficient cause for the City to terminate existing license and refuse any future requests for a permit and shall further be sufficient cause to deny Permittee any future use of the facilities . 18 . Nothing contained in these rules shall be deemed or construed in any way to create an interest in real property or in the facility of the Permittee, not to limit the City' s authority to exercise any right or power concerning the utilization of the building. Every use of the building shall be subordinate to the City' s use during times of election, national or local emergency, or at any other time when, pursuant to law, such use of the building is required. 19 . City reserves the right to make and Permittee agrees to abide by such rules and regulations , which from time to time, shall be necessary to protect the subject building, or the health, safety or welfare of its users . 20 . All users including both private and governmental users of the Fourth Floor Rotunda will pay the standard rates approved by the City Council with the following exceptions : A.City Council , Planning Commission,approved advisory councils , ad hoc committees and special district boards are not required to pay fees . 22 . A Use Permit may be negotiated and issued to a Permittee in the case of heavy use over a period of several months . Said Use Permit to be approved by City Council , 23 . Any exceptions to fees beyond those stated should be requested in writing and submitted to the Director of Parks and Recreation . The Director will accept or reject each request on a case by case basis . Decisions of Director may be appealed to the City Council . J// FEE SCHEDULE (addition) FOURTH FLOOR - ADMINISTRATION BUILDING Kitchen Group Cost A No Charge ALL OTHERS $ 8 hours) e � @ /oe � Lounge (Club Room) Group Cost A No Charge ALL OTHERS $50 . 00 (8 hours) Rotunda Room Group Cost A No Charge ALL OTHERS $130 .00 (8 hours) * *Use over 8 hours shall be $15 . 00/hour Deposit Deposit shall he as specified in Resolution 21-87 ($200 per use) • MEMORANDUM To: Atascadero County Sanitation District Board of Directors Through: Michael Shelton, City Manager k3L From: Paul M. Sensibaugh, Director of Public Works/City Engineer Subject : Messer Request for Interpretation of Applicable Sewer Fees Date : May 15, 1987 Recommendation: Staff recommends that the current fees be levied on this project . Backround: This item was continued from the last regular meeting. Council received a last—hour letter from Mr. Messer' s attorney, Glen Lewis which indicated that the sewer annexation resolution constituted a Developer' s Agreement . Council , the City Attorney, and staff did not have sufficient time to review the letter prior to the meeting. • This item was also continued to the last. regular meeting from the Previous (April 28) meeting. This item is on the agenda at the request to the developer. Discussion: (Refer to previous staff report . ) Fiscal Analysis: (Refer to previous staff report . ) Ei 0''►DA MEMORANDUM TO: BOARD OF DIRECTORS-ATASCADERO COUNTY SANITATION DISTRICT THROUGH: MICHAEL SHELTON, CITY MANAGER FROM: PAUL M. SENSIBAUGH, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT : INTERPRETATION OF RESOLUTION 20-84 AND APPEAL OF SANITATION FEES — CASA CAMINO APARTMENTS/DON MESSER RECOMMENDATION: Staff recommends that the Board support the payment of sewer annexation fees and sewer charges now in effect . BACKGROUND: July 1 , 1986 was the effective date of the sewer ordinance update with respect to fees . The above project has proceeded with two phases of 48 units and 52 units. The initial 48 units was applied for under the old fee structure, but the 52 units filed for a permit after July 1 , . 1986. Staff is charging fees for this second phase based on current fees . is The developer has cited Resolution 20-84 (attached) which reads in part " . . .payment of all connection and extension fees . . . Staff has interpreted this to mean the fees and charges in effect at the time of connection . Mr . Messer and his attorney (letter attached) disagree with this position and are asking for relief under sanitation code section 12 . 3 (copy attached) . DISCUSSION: Due to treatment plant problems prior to the opening of the new plant , the District included in the annexation resolutions of the south side of town language that would add $70 per unit to apartments constructed in this area . This fee was to be added to the normal annexation fee which is not specified by a dollar figure . The revised fee schedule eliminated the special $70 per unit and incorporated that fee into the new charges . Certain provisions regarding on-site lift stations are conditioned during the map filing process . Mr . Lewis' letter (attorney) claims that Precise Plan 11-84 for this project is protected by Map Act section 66498 . 1 which addresses vested rights . Section 66452 (c) states that a map so considered shall include the words "Vesting Tenative Map . " Section 66498 . 1 (e) , 1986 ammendment says that the local agency may impose reasonab conditions on subsequent required approvals or permits necessary f the development . • • In October of 1986 Mr . Messer filed Tract Map 1389 which supercedes the previous Precise Plan 11-84 . As a Condition of Approval of the Tract Map the Applicant was conditioned to "pay all appropriate fees in force at the time of recordation of the final map or construction of additional units .'' A copy of the Tract Map and Condition of Approval #3 are attached. Staff' s position is that the resolution gave the right to annex based upon fees in effect at the time of application for sewer service . FISCAL IMPACT: The old fee was $725 per unit plus $70 per unit , or $795 per unit times 52 , or a total of $41 , 340 . The new fees and charges are $1123 for annexation plus $533 per unit for the connection fee, or $1656 per unit , or a total of $86, 112 . The loss to the sewer facilities sinking fund for capital improvements if the old fee is allowed would be $44 ,772 . It is pointed out here that this and other developments anticipated after July 1 , 1986 were used in the calculation of the current fees and that future improvements and expansions will rely on the collection of those fees . It should be noted that the unit costs quoted above are for apartment units . If these units are converted to condominiums there is an additional $123 per unit . D N MESSER CONSTRU91ON CONTRACTOR'S LICENSE NO. 294114 7450 MORRO ROAD P. O. BOX 1958 ATASCADERO, CALIFORNIA 93423 PHONE (805)466-0549 Atascadero City Council 6500 Palma Avenue Atascadero, CA 93422 Enclosed is information regarding the approval for Casa Camino Apartments and the related sewer agreement. I thought it would be helpful for you to be in- formed as to our position and the problems relating to our developement. When we conceived this project, it was critical that we }mow in advance what the overall costs pertaining to city requirements and fees were before we could commit to this large, long-range project. I doubt if there is another project in town that has had prior approval and has made the financial commitment that we have. We stuck our necks out for several million dollars in loans and suf- fered the agonizing period of negative income to get this project where it is and create a desireable, affordable place for peole to live. The overall fees have increased from approximately $30,000 to $240,000 on Phase III, not includ- ing the new school fees that we did avoid. The interest alone on the fees equals approximately $50 per month per unit and, of course, our rents have not increased to include this increase. Phase III cannot absorb any additional costs. In fact, we had to add "out of pocket" $185,000 for the permit to cover the current fees because the project does not support that additional cost at the current rent structure. This is not a protest against the new city fees. We supported most of the new fees as Molina suggested as necessary to support the city's needed improve- ments. We will add the fees into our next projects' costs, or we will not develope until the project can support the total costs including all the nec- essary fees. This sewer fee protest is strictly a question of what our prior agreement was -- whether our overall project should be allowed to connect to,-,the sewer at the original fees as provided in the sewer agreement. As noted, the entire project was included in the original agreement, and a fee was assessed for future im- provements. We obviously negotiated this agreement to "lock in" our right to sewer annexations and the future fees, so we could proceed with our project with certainty of financial stability. - I hope this discussion does not get down to one lawyer's opinion of the technical legalities of an agreement against another lawyer. That's what lawyers like to do. It tends to eliminate common sense, fairness, and understanding and reduces a disagreement to the letter of the law analysis and disregards what was the original intent. I hope you can take the time to talk to the prior council and those involved in this agreement, and consider the city attitude and policies before these fees become an issue. I'm sure if you look hard enough and try to appreciate our extremely difficult position, you will appreciate our need for relief froo this extra fee that was added after an agreement had been approved that esta- i i ^^4#AICw%#AI RF4' ESTATE ___ 0 • Page 2 blished the fee and the fairness of our request. Thank you for taking time to consider our problems. Sincerely, Don Messer j I MEMORANDIIM City of Atascadero May 18, 1987 TO: Board of Directors, Atascadero County Sanitation District FROM: Jeffrey G. Jorgensen, City Attorney SUBJECT: Appeal of Sanitation Fees - Casa Camino Apartments/Messer This matter was continued from the May 12, 1987 City Council meeting, at which time the appellant's attorney submitted a letter suggesting that the appellant had entered into a "development agreement" with the City of Atascadero, and therefore the appellant should only be required to pay the connection and extension fees which existed in 1984. A previous letter dated April 21, 1987 from the appellant's attorney, alleging that the City had entered into a vesting tentative map, was superseded by the May 12, 1987 letter, as the appellant's attorney conceded that the vesting tentative map provisions of the Government Code were not applicable to this situation. CONCLUSION: After reviewing the materials submitted to the City by the appellant's attorney, the applicable Government Code sections, and the background material approving the Casa Camino Apartments, it is my conclusion that there is no basis for the argument that the City entered into a development agreement concerning this matter, and therefore the Board of Directors of the Atascadero County Sanitation District may impose the annexation fees and sewer charges currently in effect. It is my recommendation that the Board of Directors deny the appeal and uphold the staff recommendation contained in the May 12, 1987 Council agenda report. ANALYSIS: The appellant's attorney has relied upon the provisions of Government Code § 65864, et seq. concerning development agreements. In reviewing the provisions of the Government Code, it is clear that the City of Atascadero never entered into a development agreement with the appellant. Government Code § 65865 (c) provides that the city shall, upon the request of an applicant, by resolution or ordinance, establish procedures and requirements for the consideration of development agreements. No resolution or ordinance estab- lishing such procedures has ever been adopted by the City of MEMORANDUM: Board of Directors Atascadero County Sanitation District May 18, 1987 - Page 2 Atascadero, and no application for such a resolution or ordinance has ever been submitted, either by the appellant or any other person. Consequently, the periodic review called for in § 65865.1 has similarly never been implemented. Further, the definition of "rules, regulations, and official policies" contained in § 65866 applies only to rules, regula- tions, and official policies governing permitted uses of the land, density, design, improvement, and construction standards and specifications, and does not apply to fees and charges. Therefore, even if a development agreement had been entered into, it would not preclude the City from imposing new or amended fees. § 65867 provides that a public hearing shall be held by the planning commission and city council on any application for a development agreement, and that notice of intention to consider adoption of a development agreement must be given. No public hearing or notice on an application for a develop- ment agreement has ever been conducted with respect to the appellant's project. § 65867.5 requires that a development agreement must be approved by ordinance after necessary findings of consistency with the general plan. No ordinance was ever adopted approving a development agreement with respect to the appellant's project. § 65868.5 requires that no later than 10 days after approval of a development agree- ment, the city clerk shall record a copy of the agreement. No such copy of any agreement was ever recorded by the City Clerk, because there never was one. . Based upon the above discussion, it is clear that the alleged agreement referred to by the appellant's attorney does not meet even the minimal statutory requirements or intent to constitute a development agreement. The only reference made by the appellant's attorney to formal action of the City is to Resolution No. 20-84, which approved extension of sewer service to the appellant's property and established conditions of approval for that extension. A resolution does not meet the minimal requirements for a development agreement discussed above. In addition, by its very terms, Resolution No. 20-84 provides for "payment of all connection and extension fees as provided in the Atascadero County Sanitation District Ordinance Code. " This provision is not limited as to time, and it is my opinion that by itself, it would authorize the imposition of the current fees charged by the District. MEMORANDUM: Board of Directors Atascadero County Sanitation District May 18, 1987 - Page 3 Finally, the appellant has conveniently ignored the conditions of approval of tentative tract map 6-86, which specifically provide: ". . .The applicant shall pay all appropriate fees in force at the time of recordation of the final map or construction of additional units. This shall include the difference between the fees for apart- ments and single family residences." If there was any doubt on the matter, this condition clearly indicates that the fees to be imposed should be based upon the rates currently in effect. Respectfully submitted, *ity J GENSEN ney JGJ: fr A:MMATA497 cc: City Manager —,-J Public Works Director Community Development Director ADMINISTRATION BUILDING • � POST OFFICE BOX 747 ATASCADERO.CALIFORNIA 93123 PHONE: (805) 166.8000 - POLICE DEPARTMENT POST OFFICE BOX 717 ATASCADERO.CALIFORNIA 93123 CITY COUNCIL PHONE: (805) 166-8600 CITY CLERK aseadee® CITY TREASURER INCORPORATED JULY 2. 1979 CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCADERO,CALIFORNIA 93122 PARKS AND RECREATION DEPARTMENT PHONE: (805)166.2111 r. April 6, 1987 Mr. Don Messer 7550 Morro Road Atascadero, CA 93422 SUBJECT: Casa Camino Project South E1 Camino Real Dear Mr. Messer : Please disregard the March 2 letter from George Wolfrank regarding the Casa Camino downstream improvement fees . I am working with Dennis Bethel on on-site improvements that will satisfy our downstream requirements and credit the $6000 against your sewer fees for the next phase of your project . The records show that you have paid the $6000 for downstream improvements in leiu of on-site improvements . If there are further questions please contact either Dennis , George or myself. Very truly yours , PAUL M. SENSIBAUGH Director of Public Works/City Engineer NOTE*** It is interesting to note that the city did charge an additional $6,000 for downstream improvements. As you can see, we have already paid our share of the downstream improvement costs for Phase II and this proportional amount would be acceptable for Phase III. We have also agreed to downsize our pumps to reduce the discharge rate, and thi's would require additional storage for Phase III. It seems that we are being asked to pay for both ends of the problem. We are willing to work with the city regarding the holding tanks, but that extra expense should eliminate the need for extra fees. i GLEN A. LEWIS A PROFESSIONAL LAW CORPORATION 5275 EL CAMINO REAL POST OFFICE BOX 1980 ATASCADERO, CALIFORNIA 93423 TELEPHONE (805) 466-6644 April 21, 1987 Paul Sensibaugh Public Works Director City of Atascadero City Administration Building Atascadero, CA 93422 RE: CASA CAMINO APARTMENTS/DONALD MESSER Dear Mr. Sensibaugh: This law office has been contacted by Mr. Donald Messer with reference to the proposed fees to be charged for the erection of Phase III of the 140-Unit Casa Camino Apartment Project. In reviewing the documentation supplied to me, more particularly the precise Plan 11-84 Approval and Resolution Number 20-84, it is clear that this particular project comes under the vested right theory under Government Code Section 66498. 1. In reviewing Resolution Number 20-84, Subpart 1 (a) through (c) , it is clear that the only additional fees to be charged the project developer would be $70. 00 per residential unit as stated in item 1(b) . No other fees are recited in the Resolution Number 20-84. With reference to the precise Plan 11-84, the conditions stated in that precise plan will be met by my clients. Except for the additional fees of $70 . 00 per residential unit and the other conditions in the original precise Plan 11-84 presented to the developer as of July 9, 1984, Government Code Section 66498 . 1 prevents the City of Atascadero or any subagency of the City from imposing any additional fees. Please have this letter , presented to the City Council and City Attorney with reference to an application being presently processed on behalf of Don Messer Construction. If you have any questions regarding this letter, please do not hesitate to contact me. Very truly yours, GRL:rg GLEN R. LEWIS DA MESSER CONSTRU*ON CONTRACTOR'S LICENSE NO. 294114 7450 MORRO ROAD P. O. BOX 1958 ATASCADERO, CALIFORNIA 93423 PHONE (805) 466-0549 April 14, 1987 Paul Sensibaugh Public Works Director Atascadero, CA 93422 RE: Casa Camino Fees Dear Paul, I have reviewed the precise plan approval and resolution I 20-84, the Sewer District extension agreement for the entire 140 unit Casa Camino project in order to understand how the city can increase our sewer fees. It appears clear to me that we have an approved project (all 140 units) and have agreed in advance to what the fees will be. Item # 1B of re- solution 20-84 is very specific as to the amount $70.00 and for future cost of upgrading the local sewer collection system. Condition lA clearly refers to the existing fees and has no reference to future fees since the next item 1B addresses future cost of improvements. Our group has invested a considerable amount of time and money into im- provements related to the development of Phase III: 1. Sewer lift pump and collection system 2. Access roads 3 Frontage road improvements 4. Swimming pool 5. Parking 6. Engineering 7. P G & E Service All of these improvements and expenses were sized in order to accomodate Phase III (52 units) . Had we not had an agreement that assured our ability both physically and economically to build Phase III we would not have in- curred as much expense. We feel we have a vested interest in this project and that the prior approval has properly addressed the future fees with item 1B. INDUSTRIAL RESIDENTIAL COMMERCIAL REAL ESTATE 0 Condition 1C also addresses future systems by requiring us to design our system to minimize pumping during peak-flows. I thought we had met your requirements for Phase III, but now I understand we may have to install holding tanks for Phase III. We will co-operate with the city in this regard, but the additional sewer fees were not planned for and could destroy the project after all our efforts and expenses. I have asked Glen Lewis attorney to better explain our position for the benefit of the city attorney. Thank you for your consideration in this matter. Sincerely, Dc.n Messer ' fW_C l:Nr+'v_cV JH RESOLUTION NO. 20-84 A RESOLUTION OF THE ATASCADERO COUNTY SANITATION DISTRICT APPROVING EXTENSION OF SEWER SERVICE OUTSIDE THE BOUNDARIES OF IMPROVEMENT DISTRICT NO. 1 AND ESTABLISHING CONDITIONS FOR APPROVAL OF SAID EXTENSION FOR APN #45-320-01 WHEREAS, Allen Grimes, -Tom McNamara, Bill McNamara, Stan Cherry, Gayle Sharp and Dennis Bethel own the property described in Exhibits A and B, as attached to this Resolution, and; WHEREAS, the property owner wishes to connect to an existing sewer main in E1 Camino Real, fronting said property, and; WHEREAS, the property described in Exhibits A and B is not within the limits of Improvement District No. 1, and; WHEREAS, an engineered study of the effect of adding this property to the sewer system has been submitted, reviewed and approved by the Public Works Director, and; WHEREAS, said study indicates the future necessity of improvements to the local sewer collection system, with the cost of these improvements pro- rated equally to new connections outside Improvement District No. 1, and; WHEREAS, it is in the interest of the Sanitation District to provide sewer service to residential development in this area of the City. Now, Therefore, Be it Resolved by the Board of Directors of the Atascadero County Sanitation District, as follows: 1 - That the property owned by Allen Grimes, Tom McNamara, Bill McNamara, Stan Cherry, Gayle Sharp and Dennis Bethel, as described in Exhibits A and B is approved for extension of sewer service subject to the following conditions: a -= Payment of all connection and extension fees as provided in theAtascadero County Sanitation District Ordinance Code. Payment of an additional $70.00 per residential unit, such payment to be in consideration of the future cost of upgrading the local sewer collection system. - - c - Any on-site sewer lift or pump station must be designed and constructed to eliminate pumping into the collection system during periods of peak sewer flows. The, system must be designed by a Civil Engineer registered in the State of California, and approved by the City Engineer. Said on-site pump station shall have pro- visions for monitoring, by District employees to determine pumping time utilized. d - Obtaining all necessary plumbing and street encroachment permits. On motion by Director Molina and seconded by Director Wilkins the foregoing Resolution is hereby adopted in its entirety on the following vote: AYES: Director Wilkins, Molina, Nelson, Stover and Mackey NOES: None ADOPTED: April 23 , 1984 ATTEST: aA - MUR RY L. ARDEN, Secretary MARJORI R. MACKEY,.Chairman PROVED AS TO CONTENT: APPROVED AS TO FOR: UR Y L. ARDEN, City Manager ALLEN GRIMES, City Attorney t s co Ong m o :i E ;t i - J b --- . Llj WCC - - - - --- - ---- V Z_ � U I 1 W ; � i I 1 Exhibit B Legal Description Lot 9 in Block 7 of Eaglet No. 2, according to the Map of Mitchell's Re-subdivision of Rancho Atascadero, as per map recorded January 1, 1920, in Book 2, Page 39 of Maps, in the office of the County Recorder of San Luis Obispo County. :.I / ! I (1) © ® (it ` a t ---_1 ©O m® m m is : IIQ - I Fe I ©O ®O ( p p II 00 00 I - ® o • I nr ,, '9 TE UM7 VC 71ZACF M Af- b- 251,9 107&5 EL CIt' IIUD IZf--M Y,1?rlM CISA- C" )N1D TEOFrFrD LZIi£(/ ,2 % ft Tentative Tract Map 6-86 (Casa Camino/Dennis Bethel) EXHIBIT D - Tentative Tract Map 6-86 Findings for Approval October 6, 1986 CONDITIONS OF APPROVAL: 1. The applicant shall establish Covenants, Conditions, and Restric- tions (CC&Rs) for the regulation of land use, control of nuisances and architectural constrol for all buildings. a. These CC&Rs shall be submitted for review and approval by the City Attorney and Community Development Department prior to approval of the final map. b. These CC&Rs shall be administered by a Condominium Homeowners Association. 2. Submit a soils report or engineer ' s certification that existing soils on the site are adequate to support proposed structures per Chapter 70, subsection (e) of the Uniform Building Code. 3 The applicant shall pay all appropriate fees in force at the time of recordation of the final map or construction of additional units. This shall include the difference between the fees for apartments and single family residences. 4. All requirements of state law (Subdivision Map Act) concerning the conversion of occupied residential units to air-space condominiums shall be complied with. 5. All conditions of approval herein specified are to be complied with prior to the filing of the final map. 6. A final map, in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been °set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submit- ted for review in conjunction with the processing of the final map. 7. Approval of this tentative tract map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 4 Consolidated Ord.* • 12.3 Relief: Any person, who by reason of special circumstances believes that the application of any of the provisions of this ' Ordinance Code to him is unjust or inequitable, may make written application to the Board of Directors for relief therefrom. Said application shall set forth all of the special facts and circumstances and shall request the specific relief or modification desired. The Board of Directors upon receipt of such application and after such investigation as deemed necessary may take action to grant such relief or modification as it finds necessary. The Board of Directors, on its own motion and without application, may, when special circumstances make the application of any of the provisions of this Ordinance Code unjust or inequitable, modify or suspend the rules and regulations for the period during which the special circumstances exist O_O (D cr� w a D3 a d ^ n a 3 ^ 3 FF m j < O a A �0 X00 OOO=O�„w� N 700 A O !D w`G 7 � _-0 "-S� 7 7 a'a3 � j�' w O^.0" W w OD ° '^.O_M rD rD ^ M .+ S rD O F 00 3 fp c rD -.. �.00 d�P, c C c n' <-° V c i aa� < < ::E - = . � rof9acoTCD � � - s, m5.M_ o� 3 �0 m °orD ? r3o < •• � s a� of o2n < o CL'0 rD S> >'�° ocD > > > K.� a.=3 $ > � 0 ^.:D 70 _ SfD < ' oM � A � 3 � � � c � � :� G� 7 �, w ' coo 0 > > a °O < S n �o c io W o o O O M?O_ o> > > Q 3 �� w o a� StA 0 j y D �" D (SD S�'0 �%= �� O aN a ��� Q w N C M !D O O 0 c ' n Oeste^ ^w wa �, a 3 ca =on " cc O —a, O rD ^�rD �cM 3mncr �� :3 O � 0 c N = :3-0 d �D p 6^_� SO 65�� w rD A 'O p c -0 <p :D w A•p < '^ to:3 (D < fD M =fD o a S=(D 3 O v+ °-� + Q. 00 lD K rD n.rD ^ O O a -0 oQ O i11 T n w rD <� c n �� �� S O °.' < (D uO" 6M ? c o �� 7 OD v .. M A O w �'rD M P, O O w M OQ,-o ws � -0 �w' 0C'S03fDc�D � Ta � o M CD --0 o.<° o-mow °�'c �� 3o m O< ]'d v O rND !^Q0 N 3 O d° c (9 j y? fOD fD r° °—' p ac < �� ° � < � w < Co M-0 `° TO =. � X33 v, �• < 3z � ., —MM aop � ° cn T a � � o a � 3 N W O-< O a f _M� Sc� p " < .. 7 A tD S�-< < n w j O ° v A A i m ^ 0.0 d .. O v, 3 ° > > r°. � p ° 0 o•c a O a �' <cro o m SSS o ° a=50 o v-, •° - 'fl w c `D rn=c �'u O ° c 0 3 "' 0 - c am =— :3 — w m co a+w 3 h c— CLa• M Oa C 'A e3D �afD p o°O•n ��°° �_ c c 0 :o rD m M c0° " < < �. = < p � o aio 0 O "' -< =r 3a" `�° � �a� . o 0Ua - o•< S� � w� Ao: �* ° d 7 �^ rt .. -- v, w m j >^-�M f9�< O .. M M 3' :7 c v, O N ••e A i O O < aO "0 0',w In O su °Oo > OQ (D p '^ �'p _.O 7 7 (D mm� sa a coA QQ v .0 0, > >M� Ro =eSo � � � cm oO0C:r °M oc� Na n m ri (^D r..O .. '< V p ID tA p-Z IDD w A N 3 3 S w O w N n-< 7 3 H m A ao ° o rn o!., „ c o w0'o� ' > > ° fD avo °i. c -a_^* ° o � < w 3'y T M o w �'3 w ,. < O <' c `� .» p O O O M S^ M < v, c M p .^+ rn S CL vSi =.f<D O S OD S ='•�' C 3 M . < < a n < n(^D a f<9 C <c c Q c M 6 O n C -0a -. 7 .. (D O n n-S ^. (D w a00• •^, fD A -ID �^ " S -. Z < 0 c M � m 00 O S O 0.7 D, fD =r-< < �� a< 3 rfl < ^.� � a A < o 0 0 0_ U-0 D0 rn eD Oo ° Nsu a n D= ^ o �; 3 SO .. �� sem= s �- fD ism w O n 'o o - w � O wwa Oa aM •e vi d S00 fD v, _ fD •Z vi r:K N .�. lD (D (D rr —rr M M a 1 0 rD O 'a o o (o O p O x Ch G,a ^ S c w v cn Q+ " . w 0 N a 3 A -0 3 > > 0_� �o a ".S A 3rD w rD 0',<an`°., a °' Cu wa p a w 3 O 3 i 0_Z %0 s - °' 3 -• O Mnc o_- O a w-0 rD3 - orDrD T p A 3 O- - <.j Oo �� _ a 4� r<D <:3 j "^ N aO p D d-0 O a- y N O =, �y p i mOo' y -� M � � ronOO-ro ^ 3 w 3 o � ".ro � !� Q. °' rD ^ 0M �" a_ < n3. OO �. cSOnrD Ma< � � � � 30 pro Qa O < � a'iowD�� Z � .+ N n fD T �o rD ro 3 a� °: ro �, : M °do 0 ° ° o aro M< o _ M-0 ro °_ a?; c 7•rD » 00 a0o• m U w [D O_ T n a `� O•°i Q M M Q n T z �'Q- ^ O ^ p+ 3• d" a 3 a <� _." 0 3 �m m A sp'oOo < Co n rD ° 3 0� p So c - 3 I n� Q o Dp'� te° M o� °: ° M .m. -moo > j � w o `D�. '' °p' � --o � Qopo �o `�D cse g � 0- - 0-W 3 c� a, ?°"" r�w �, � c°0 ^ < >'anOo Dr o—Z—.- ? r. � o -0 CD 3w' i rDao -a rD ° c =30 " � 3 < �w 3cmrnrb < °-=2r�DrD 3Q-oo ro j -0 cu c 0�0 fDTOa`D•o� � c > j ^Q, `D ?`° ^ � 3'3 � = � o_�fD >_ ' o ° p �* 0 o wow A (Da ST 3 �< Sp a 0 o p a O x p amp :: tDc > > < 7 ^� p Zo m� m 3 ° ° = Q' fD ° �= M rD :: 3 = a °--•0 �;,°.°: 0 _ a o--- rD o -•� a o rD < 'a O °. p n O_O' "p rD :: O_*. .lD d �-�. N p', < ^. A Q j c 3 c > > C; o_ rD S p " a' tA y' w a< O- ,< O Cu A , I., O r^. O_ 3 ?< a CZ-1, Q c M p'o- O ° c O =• n " O. 7 -OIL �' j.^ ? 5 .00 O in• .�. " O 3 " o o+ n, `^. a Q S '< w S Q " �• Op !D °"p 7 A O rD p_ fD ] (D O rD. " O rD 7 Iv c � 'D a O c-a < O_M p S u,• .� O "' .^. T O Z N N S Q=• _-rD 7 �.n " fo Q�O.O Cr" L M O S rD ou <•D_ N' 7 7 �' 7 �• co w O Q S w w^ .^O. N w a 0 O < _ _ O O j rD S p Q > > O n N O �CYN aR. fl'G S M V'7 > > S Q o o - a 3 `� ; 3• O (D A' < p, r<D c :' 3 w Q_--Q O `^t^ c �+ p M Q.rD _..� M p a O� � C �a Oo !SD �<',.? n � PS+ ^ iD A a� 3 =.4 p a 7 w eD �� 3-w �m O=0 `^ � �� rp lD a _Q fD ° A - o 00 o H ° ° aw m �, a�, c ° .^. S - 0 0 3 0 ' p rDD rD U, ao a < _� _ D <ao a ' row o m o w (D `^ N Q• d rD 3 r. �-a O"" R, M c O a rD S n M rD Cu d d O 7 — °-7 ^ in• 7 6�'a w p, �_ O c<D O m� rD S< 00 O n waj°-0 l a Q• O O - �� O a x M � - _' � w r^p aO v, v o j O �y O s A v O� ��a_ �� m Qo O v� T� -uwo o n-0 - o as -oQ . < ° < s< _ ro 3 �� co ro 3 o �sm < oN 3 v � o o< O _. `° I w o —:,M D o s ° M - -o (D ` a rD in Cu " - O "a Q` " -0 w O < rn > > M o-Cu O N ^< N - O'TO ._' CL r)-0 Oz ^ > > o A OOwv �-o M �� 0 RMD 3 Oc � 3 p_ 3 rD O W p O n p -O '^ •" — = 'O 0- :F 3 a : .SO O S" 47 < O T o o a " ro rD� n n 0 M a O o 0 T°—' Sn O n ^ O a " ro me 'D3 ° c nSa� c " o " °33p a,�.rD �• 5 `"° o ° a 0 0 0 3 �°'CU Jl� << N (DD w a C_ `� n �� 30-7, c� a� r?. " 3 3- -n* 3'w H � CL _a c, > > o nrD ? _ O O o N o w�' w w O O p' O a o ° o ro a "� �' =3 0 =- .o' 3 � p � ,^D = m o� 3 � rO s aw -• w °i_ Oo vo rD m > > rD�rD O O °: �� 4�'of-< rD w0O O O S S o d rD (D < 0 n O w o O T -0 cw Q� N n N.� v,0 n c 3 n� ac-p O� imi, m QN w n ° m Q'� � n 3 cr Q� Opo w 0 (D A w N. m w =• D w ° <^ O �w o v, vw a� ?. ro �w o N aN T � =� `° a`D �� aq < " O.3 f7 w "' _ m _01 � .� = w. O -- O -•� �- r+ � cm ^ ao = w ro • ° m w= �o 0 0 u, aR' 0 O - ° tD 'Z <.� w c N� – O f=D O -•n " w Q O 0 ° 0 0 c p3i � ani = -� D_3 = � w �_ ?� �'n w `='.�'< N m'�s n. � _ w M c = o O D m N c o n - fD c � Oc m C m m�c S n = ° -„ISD w� ID , . . S o m T O rp 5 w O 3 Q- < 0 = n v n w Y ^ m j TO rpm w O : w O °� n < O ° < __° p QO ° c Z a w w 0 w p Q � , n= Qm n O w _ < �m O = N� m O n 0-� aQw n Q a� 0 0 m n0 O w O ID o s w a Sm x �n ° n = ° �.ac �° o m �.� D < � < = a =O -. mn -O =•� mS" = � ^ Ov � " � � � � c� n = < n � _' tD D 3 ° O < ° v Q v O+ O y O n a CO W N w ° 00 O ° d o T^ cn Q w w O n O n O (D- 0'n _, = c c v = N " 0 w O Q n c n O.<'< n m S v0 c O ?; ? _ "O•�•_ ,-.. D_ ._-. c O w O gyp` o �.` N w N ° '_'' c,n � C C- 3 j Q n 3 T O O w a'n p O O c T n -_ = O j w = �' N n w rD c 0 = ° rn m -A 1 r) m ^ o c ry O a O p- p' rD 0 X n ry D S N R O n•N °-o om o.N =Q=0 " O n d w (DD o a" m S c Q m = o 3 3 w y ro-'*� �� �o 3 fD H o 3 r3 � T.rNDaw < VIwC: o Q�a -0 T �n= r) m w Co'rD N ° n .n» w O x O c =c 0 O w 0 ; A �.O _. w ^ ° to tL•n D_ 14 D n 0-n Opo N vmi O c w n �•r?p n r=D n 70 ,n, Q'O c W` in 7 T y C7 O w ' � T OT�n. m °Oo � ,cw_„ mon=—--- K°° v.O � ° ° O < 00-0 CD o �_ yo0 � wsc _ _ 3 ° j o a O• a ° O c _ �' C S ° N m 3 v=+ =. T o O n > > v > > tCD O �0- cu p+ sQ _ _ O a, n"O vC �o-= `D� 7'a� � s 63 n � w"�� � � U-= � �N rho 30 N p-O c � Q� C C -.p0 �• =j O rn ° m V On°rn o°o N-° 7 ^'° n0 0' O 0-Q w = = n •� Q O 3 m 0" �_ ET 41n'-p� �3 w _a m � m n0 =.� 3 (D•SsT =<'�= 3 v, O �v+ _. w w A n �^ ° L' y 0 ;= d. w y W= 3 03 �n � O n' LA O mGo � Y Spq M _.Opo -��w n �v _. p sem' A o iCn O= w w 3 w Oo D -0 rD 3a rcDT3o 3mcu o � Ln0 Xmrnom �io'a y-- W Dn ao pni Oj � O a O• O =r� f°�D o `0^ Q O m �ci, 7 po T �.vmwi y O n " T ,�..' O d co un A j _3 aFa-w O �ao� N � ^.� O < rip -3-00 = " w co m = m ��' o ° mw3p On = Q rD W ET c a o ° � ? o a ° Tw m 3 m ou=o am � � O ° o ^ _ ° o o < _ w c = O n m =ao m e _ = -.m 0- o "Ai� c (Dn < .n. 0. c m m ° = 3 a � m ° c�' m .w=. rrDD �wr-' � � 0m a-' cxo �cu X3 � 0 � �� (D CL w ° n fD � M 3a a 0 33 � �0 ° 3 -0C) 3fp°c° (D r0DD0ID � nr3D3 � �N. 3 o^ m � m � � 0M =r 3a m an n �0 CD FIT> � MmF).0— � � n<p=o = o m � w0 o �w0 owO ° fro A�-' o 3 � rn'D � oo� opo w 3-w0 o �3 0� r oo a ° : no 03 00 3•^. S o Q x-� w m'< N to �' C C - n ('1 M n : C 3 7 0°'- n'� On m = ' Q ��,OwN on Q ° � � w IJ � C � _' a (D c � <?n� 3 � w � o'O Cr io sN -� �• = y m y r<o �� c D w D Q N D on `y `C o o o y ro CL T➢o 3 0 �aoo m a lD = �,•-� O"_�'w n ^ O -`^ < 3"D = N �`O '� O d 3- n c = ° w. w d = N n'a ='O `„ a= ^ j sn ^-_ ° °.' ° _ H Q? n� T.� SO a 3 m O w s� d N n. O u, w w _? Q .. < m D m = C Z 3 O^ w w w N m 3'? 7 n w 21: rnD D ul m -0 Q = r:w O D O = w = _ < < m 0 n �, 3 m n n n •_* D_o n m n r:v m n �3 � ow � aO <•�'� o �� 3 = 3 = T°° o7' m aA � -<� m � ° m (DD �° 3 :3 cow 3 - ow 1 tow po < o = yA _.m n < � 03 a .. D (DO OQ'* Cr N � mpom N.o v _ � o N w o S= a) N � SOS a O c _ �. w a m 3 w A C D Q O c w D ° ((DD O m m Qa rD D S° m n w m ° < z E• n < 0 3 °: ��� n P.O._ m o -., z m c -• c o c x m w Q. < m m .9'< r� opo n = w w tD Q m rD 0 w <' m S A A Q ?' -< _' n = R ^ O T = _ �,•m po w O� Ln < c 7- O S 00 C : 'o "O m = y n - m n m ° c tci D N r-. = rD m 6'w -�Q•n m j n S= !D m m - .. S.� O S Q n C C G n w CL,< 0_z` - < o e S (D M a X rD o N w = rD T c v S o c w n �,w _. N < n w n 3 m n _ n n Q� w n .-0 �,• '< a -0 m 'o O �• ., rD `O .Cu 0_n !D vm, ^.n m m = S rpoD 7 fAD cm C _�a=^, O i,,.�O - O = �+ T gip• R, j .0 T ^ C Q w�. O 3 0-n. O'0 ?< S " <.- = H p' c �' a rD Q o v w Q TO ? mti c O S <'c .< m m n m ° O w - .. 3 n o ?; _.O f1 w -O - ao D_--n rD �' '< <r<D ._+ O O m f9 ' ON w S T m = .I - 00 n n � c m n m ' a o rv,D �- O rD ?r 3-w0 w °' w m ,•» S m Pn_+ n-S .�. '-► v, '� m v, O o w 0-U; m �-O O 0'n n cpo 3 Om = m a A+ d = mQo� a, c o0 =m 3 n Q O A N w 7 w S "'► rw m m n < _ �D �.1 a� �'T 6 0 ° o n a a'o o _T ;- Q f�D n <• C C 5-0 7 O S C po N j = w m m m m m ? Tm N-`� c -{in' rp w = rD 3 A ti n w -0 w-0 O n = 7 n Q c = M Q Q G .+ �• .O m m rD m °_-o _ S T a ° 7' a: 3 ^.m-0 °' m O =- w - Q 3-3 n m a aro D s o ru ( -.o Q �, ° 0 s ° p� -0 3 w a Q w (D a c m ?rD•0 1 ?w � r 3 0 < : :•,- o a3p_a•S 'C ,o m o m� o c�0 3 ° _,O 0' Z-,;" 5' � 0 -0 at = c" � m r: 3 a o w � m rD �' o Cu �' _3 �'Z-F. a� �3 .n-r m rD a D_ -w f<D <'N a A co w a �� �< Q � p �� O = OQ N ���Q � O S Ooh co � °_ �' ._. ^ n n D m M u v = T a Q rD v' < O j < � _ >'s�< M 0 N rM O - » 3 m O Cl) m n 3 ° `T v - m �O A w m O 3 wpa w m w n w 0 c T� cu m -o < w D < Q= as c o o m = 3-< (o 3 Q W"O - -' Pi w = m <' Fr _:<p0 .a. Q. Da 1j� w "- n = m0 fm_1 =-0 3'0" W N- S;n � in•m w ° 7 _ A rD _� n 0 � �. � W C u � � -c 1 t �^ O^ w in OT n-. c 0 =-S m 7• O= W d -•n< 3 rp ``� f�D vi c0 c �' = c 3 M o 0 0— - 0 n < Qq io 3 0-_ 0 a on N' c 0 rF� DENNIS BETHEL & ASSOCIATES, INC. CIVIL ENGINEERS d 313 B East Plaza Drive,Suite 9 0 Santa Maria,California 93454 • (805) 928-7666 April 13, 1987 DB-7108 City of Atascadero Post Office Box 747 Atascadero, CA 93423 Attn: Paul Sensibaugh SUBJECT: Casa Camino Sewer Fees Dear Paul: We ye reviewed ;the approvals for Casa Camino Sewer Extension and Precise Plan ,and find the ,sewer fee to be $70. 00. We believe thils establishes the fees to be paid and request the permits be issued based ori this fee. f/ Sincerely, I Dennis Bethel, P.E. DB:cb ADMINISTRATION BUILDING - •� CITY ATTORNEY POST OFFICE BOX 747 POST OFFICE BOX 749 �TASCADERO,CALIFORNIA 93423 ATASCADERO, CALIFORNIA 93423 PHONE: (805( 466-8000 PHONE: (805( 466-5678 CITY COUNCIL PA CITY CLERK CITY TREASURER POLICE DEPARTMENT POST OFFICE BOX 747 CITY MANAGER INCORPORATED JULY 2, 1979 ATASCADERO.CALIFORNIA 93423 FINANCE DEPARTMENT PHONE: (805) 466.8600 PERSONNEL DEPARTMENT PLANNING DEPARTMENT - - PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT - 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 .�. - PHONE: (805) 466-2141 June 25, 1984 - Dennis Bethel and Associates 313 B East Plaza Drive - Suite 9 Santa Maria, CA 93454 RE: PRECISE PLAN 11-84 (10705 E1 Camino Real) 140 unit multiple family residential project (Lot 9, Block 7, Eaglet #2) Dear Mr. Bethel: The City of Atascadero has received and reviewed your application for a Precise Plan and Environmental Determination for approval of devel- opment of a 140 unit multiple family residential project at the above referenced location. The proposed site is zoned RMF/16 (Residential Multiple, Family, 16 units per acre) and the proposed use would be allowable as defined as Multiple Family Dwellings (Section 9-3. 172 (f) ) . The surrounding properties are all zoned RMF/16 and are partially dev- eloped with residential uses, with the exception of the property to the north and east that is in the County and contains the State Hospital. The proposed project is in compliance with the provisions of the Zon- ing Ordinance with the exception of: Section 9-4.115 (c) - Requiring the provision of five handicapped stalls Section 9-4.104 (b) - Requiring a front yard setback of 25' -0" for 6 ' -0" fences Section 9-4. 129 (b) (1) - Requiring trash enclosures to be within 100 feet of each building A review by the Planning Director of the Environmental Description form and application along with other background information shows that the project will have no detrimental effect upon the environment, therefore, a Negative Declaration has been prepared. The Director has also found the project to be in compliance with the provisions of the Zoning Ordinance with the exception of those sections stated a}ao� . 108 #1''1—`�=�=-•'- Qy 1�017. The proposed Precise Plan is approved as shown on attached Exhibit A (site plan) , Exhibit B (elevation) , and subject to the conditions of approval listed in Exhibit C. Final approval of the Precise Plan will become effective at 5:00 p.m. on July 9, 1984, unless appealed. In the event you intend to appeal any of the conditions, your appeal should be in writing and should state the reasons for the appeal. Any appeal would be scheduled for Planning Commission consideration as a public hearing. You should, however, discuss any objections to the conditions with the Planning Staff as it may be possible to alter con- ditions after such discussion. If you should have any questions concerning this project, you are wel- come to contact this office for assistance. Sincerely, /- Joell Moses 4�� Associate Planner JM:ps Enclosures 2 0 a > ze) - 1 tri cn m op i a� - 1 y > N aT _ ! 2 O • O , 01 La� ) is I> i t C � I a a .-i : x h o pi r � D n (n D `•.7TTS 2 z o on > In" D -I mlCO 1 :r s r r m a m _ c C C t(: Ii r �Q Y, , N z y s,t �3 r 4t OF NNi%NFTHU• A+4 K.IATEI CASA CAMINO APARTMENTS — ----" EXHIBIT C Conditions of Approval Precise Plan 11-84 10705 E1 Camino Real (Casa Camino Properties/Bethel) 1. All construction shall be in conformance with approved Exhibits A (site plan) , B (elevations) , and C (conditions of approval) along with all other applicable codes and ordinances of the City of Atascadero. 2. Each phase shall conform to all sections of the Zoning ordinance including the required handicapped parking stall requirements and trash enclosure requirements. 3. Landscape and irrigation plans shall be reviewed and approved by the Planning Department prior to the issuance of a building permit. 4. The wall along the front property line shall be relocated outside the front yard setback or reduced to 3 '-0" in height. 5. Improvement plans for curb, gutter , sidewalk and paveout shall be reviewed and approved by the Public Works Department prior to the issuance of a building permit. 6 . A second access shall be provided to EE1 Camino Real for emergency access with the design to be reviewed and approved by the Fire Department prior to the issuance of a building perit. Improvement plans sh 11 also include a fire hydrant with the type and location to be approved by the Fire Department. 5.. This Precise Plan approval is approved for one year from the date of final approval. 3 - k;LS15TRATIBUILDING CITY ATTORNEY 1x,;5 . FICE BOX 747 POST OFFICE BOX 749 -ATAS .ARO,CALIFORNIA 93423 ATASCADERO,CALIFORNIA 93423 PHONE: (805) 466-8000 PHONE: (805) 466-5678 CITY COUNCIL CITY CLERK POLICE DEPARTMENT CITY TREASURER CITY MANAGER INCORPORATED JULY 2. 1979 POST OFFICE BOX 747 FINANCE DEPARTMENT ATASCADERO, (05)CALIFORNIA 466-8600 193423 i PERSONNEL DEPARTMENT PLANNING DEPARTMENT - - PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT, 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 �-�-� PHONE: (805) 466-2141 July 26, 1984 Dennis Bethel and Associates 313 B East Plaza Drive - Suite 9 Santa Maria, CA 93454 SUBJECT: PRECISE PLAN 11-84 - 10705 1-84 _10705 E1 Camino Real Dear Mr. Bethel: This is to advise that approval of the above-referenced applica- tion concerning your request to approve a 140 unit multiple fam- ily residential project became effective at 5:00 p.m. on July 9, 1984. No appeals were received during the appeal period which ended on that same date. Enclosed please find a Final Notice of Approval for the project. If you should have any questions or concerns regarding this matter , please feel free to contact the Planning Department. Sincerely, Joel Moses Associate Planner JM:ps cc: Casa Camino Properties SItY LI i - FILE -I J039 S"q I 1-T G�Z,.� NOTICE OF APPROVAL OF PRECISE PLAN SUBJECT: PRECISE PLAN 11-84 LOCATION: 10705 E1 Camino Real (Lot 9 , Block 7) APPLICANT: Dennis Bethel and Associates REQUEST: To approve development of a 140 unit multiple family resi- dential project. NOTICE IS HEREBY GIVEN that Precise Plan 11-84 has been approved by the Planning Director . Copies of the Staff Report, plans, and re- lated project information are available for public review and comment in the Planning Department (Room 103) , Administration Building, 6500 Palma Avenue, Atascadero, California. The Planning Director has prepared a Negative Declaration indica- ting the project will not have a significant adverse effect upon the environment. This is to advise that approval of Precise Plan 11-84 became ef- fective at 5:00 p.m. on July 9 , 1984. Dated: July 26 , 1984 WAYNE LOFT S, Pla in�irector City of Atascadero, California cc: City Council City Manager City Attorney Planning Commission MJ O'Brien CM Colombo Victor Mori Jr. Holiday Paper Products Inc. BH Baker G Wood c/o JK Nelson ADMINISTRATION BUILDING - ? CITY ATTORNEY POST OFFICE BOX 747 POST OFFICE BOX 606 ATASCADERO, CALIFORNIA 93423 ATASCADERO.CALIFORNIA 93423 PHONE: (805) 466-8000 PHONE: (805) 466-4422 CITY COUNCIL CITY CLERK ® POLICE DEPARTMENT CITY TREASUREOX 747 CITY MANAGERR INCORPORATED JULY 2, 1979 ATASCADERO.O. CALIST OFFICE FORNIA 93423 ADMINISTRATIVE SERVICES DEPARTMENT III PHONE: (805) 466-8600 COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT PARKS AND RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 '-�• - PHONE: (805) 466-2141 June 23 , 1986 Dennis Bethel and Associates 313 B East Plaza Drive" - Suite 9 Santa Maria, CA 93454 RE: Time Extension: Precise Plan 11-84 (10705 El Camino Real - Casa Camino Apartments) Dear Mr. Bethel : I have reviewed your request for a time extension for the above-referenced precise plan. The approval would normally expire on July 9 , 1986 . Pursuant to Section 9-2 . 118 of the Zoning Ordinance, the approvals have been extended to July 9, 1987 . Normally, a second time extension would require Planning Commission approval . In that the previously granted time extension was unnecessary, this extension will be con- sidered the first one . If you should have any questions concerning this matter, please contact the Community Development Department for assistance. Sincerely, Doug Da idson Assistant Planner DD:ps fA C � ! r � • t - _- F LE + ` + JOB# cr l C By � V NOTICE OF APPROVAL OF PRECISE PLAN SUBJECT: PRECISE PLAN 11-84 LOCATION: 10705 E1 Camino Real (Lot 9, Block 7) APPLICANT: Dennis Bethel and Associates REQUEST: To approve development of a 140 unit multiple family resi- dential project. NOTICE IS HEREBY GIVEN that Precise Plan 11-84 has been approved by the Planning Director . Copies of the Staff Report, plans and rela- ted project information are available for public review and comment in the Planning Department (Room 103) , Administration Building, 6500- Pal- ma Avenue, Atascadero, California. The Planning Director has prepared a draft Negative Declaration indicating the project will not have a significant adverse effect upon the environment. The final date for appeal is fourteen (14) days after the decision of the Planning Director , or until 5:00 p.m. on July 9 , 1984. Anyone wishingfurther information on this proposed project may do ,, P P P 7 Y so by appearing in"person at the Planning Department or by phoning 466-8000. Unless appealed, the approval of Precise Plan 11-84 will become effective at 5:00 p.m. on July 9 , 1984. Dated: June 25 , 1984 G� WAY LOFTU9 annina Director City of Atascadero, California cc: City Council City Manager City Attorney Planning Commission Dennis Bethel and Associates Casa Camino Properties MJ O' Brien CM Colombo FILE Victor Mori Jr. Holiday Paper Products Inc. J0611 BH Baker G Wood c/o JK Nelson Please insert this memo into your Council agenda packet . • M E M G R A N D U M TO: City Council Members June 9, 1987 FROM: Michael., Shelton City Manager k wy n ragas rr ,:tem-,, rc SUBJECTS- SELECTION OF MAYOR Attached are several documents relating to Council options and necessary steps in considering selection of the Mayor position. Not attached, received verbally from the City Attorney, is a current ruling from the Attorney General stating, "The Mayor and - Mayor Pro Tem have no fixed terms, but serve at the pleasure of the City Council. " Based on this opinion and the attached documents, the following can be concluded: 1. Rotation of the Mayor position is performed at the pleasure of the Council. The City Council is required however to meet on the Tuesday after a general municipal election • and choose one of its members as Mayor and one of it' s members as Mayor Pro Tempore. 2. Mayor Mackey was selected as Mayor on June 23 , 1986. If it is Council's intent for the Mayor position to rotate after one year, the next regular City Council Meeting June 23 , 1987 , would conclude a one-year term. 3. If a change of Mayor transpires, it will be appropriate to administer the Oath of Office to the new Mayor. MS:kv File:MMayor • Office of the Secretary of State 1230 J Street Elections Division March Fong Eu Sacramento, California 95814 (916) 445-0820 Cy CIFOR~`P August 24, 1983 RECEIVED ALLEN GRIMES81-1983 4 : ._ G 2 CITY OF ATASCADERO CITY ATTORNEY ALLEN CIII�S POST OFFICE BOX 749 ATASCADERO, CALIFORNIA 93423 Dear Mr. Grimes : Thank you for your letter of July 20 , relating to the oath of office for the office of mayor. I understand that in Atasca- dero the mayor is selected by the city council from among its members. The Secretary of State .has not developed a formal legal opinion on the matter as it does not relate directly to elections , but I can offer the following comments for your consideration. It appears to me that the Government Code would contemplate that the mayor take a separate oath of office from that of council man, on the ground that the office is a separate office. In assigning duties to the mayor separate from those of councilmembers , Government Code sections 36802, 38638 , and 40602-40604 appear to contemplate the office as an office separate from that of council- member. Since Government Code section 36507 requires that all city officers take the oath of office before entering on their duties , it follows that the mayor would take an oath of office before entering on mayoral duties. The conclusion is supported by the language and timing of the oath. Government Code section 36801 states that the city council has the duty of appointing to the office of mayor. Government Code section 3650.7 would require that councilmembers have taken the oath of office prior to executing that duty. (Cont) 8/30/83 cc: C/Mgr bcc: C/Clerk CA/Opn SM ALLEN GRIMES August 24, 1983 Page Two In the oath taken by councilmembers under the Constitution Article XX section 3, an official swears to "well and faithfully discharge the duties upon which I am about to enter. " Since at the time councilmembers take the oath, the mayor has not been -selected, the reference to "duties" in the oath can only be a reference to duties of councilmember. The duties of the office of mayor must be discharged after taking an oath that refers to mayoral duties. I hope this information is helpful. Sincerely, DEBORAH SEILER Chief of Elections and Political Reform 7� RICHARD B. MANESS Staff Counsel RBM:po a Div. 3 LEGISLATIVE BODY-ORGANIZATION § 3 02 See. ,'6812.5 Defense by city of councilmen, clerk or treasure in certain elec- tion contests. "G813. Procedural rules; punishment for disor y behavior. 36814. Journal of proceedings. Section ----------- 36800 9 p.Chapter 1 was added by St .1919, C. 79, 1� 1. � � § ----------- 36900 Article 1, Sixth Class sties, comprising sections 36800- , c. � ----------- 37100 . 36811, was added by Sta 1949 79, p. 119 -----____-- 37204 ^�,a. , § 1. The arts- cle heading was repe d by Stats.1955, C. 621, P. 1120 § 53. ----------- 37350 *<. r ----------- 37900 Article 2, a f th Class Cities, consisting of sections ------------ 38000 36830-3681 added by Stats.1949, c. 79, p. 150, § 1, was ---__-_-____ 38300 repealed Stats.1955, C. 621,P. 1120, § 53. ------------ 38400 38600 ---------- �' 00. Re , ,P. , ------------ 38900 pealed. Stats.1955 c.624 1120 §53 ------------ 39000 Historical Note 39500 repealed section, added by Stats-1949, c. 79, p. 149, § 1, made the article applica -_______-_-- 39700 To sixth class cities only. ------------ 39900 ------------ 40100 X801. _ 40200 mayor; mayor pro tempore; selection ------------ 40400 a The city council shall meet on the Tuesday after the general mu- ------------ 40500 mal election and choose one of its number as mayor, and one of its as mayor pro tempore. (Added Stats.1949, c. 79,p. 149, 1, as , 0, § 1• "ded Stats.1955, c. 750, p. 1245, § 2.) Historical Note amemlment provided for the Derivation: Stats.1883, C. 49, P. 2f,8, a ma3w pro tempore. Prior to 558; Stats.1913, e. 221, p. 375. § 1; St s. men lment, section 36802 pro- 1931, c. 132, p. 191, § 8; Stats.1 ti:e appointment of a mayor pro 516, P. 1323, § 11; Stats.1941, 045, p, 1S69, §3. l Cross References n-vor, see § 34900 et seq. r pro temPorl- tempore, application of this section in cities h ng elective mayor, see + ""tions, generally, see Elections Code § 22 et seq. general election, see § 36503. q i" Library Refer ccs i �:'lun'uiionS C=81. + C.J.S.Municipal Corporations r' Presiding of •cer of council; powers of mayor pro tem- f � attendance. " pore i embers. n returns; `1r,:0+1t aVor sha reside at the meetings of the council. If he is ab- l �i�le to ct, the mayor pro tempore shall serve until the may- 391 f :a, a. > rA MINUTES - ATASCADERO CITY COUNCIL Regular Meeting, June 23, 1986, 7:30 p.m. Atascadero Administration Building The Regular Meeting of the Atascadero City Council was called to order at 7:30 p.m. by Mayor Nelson, followed by the Pledge of Allegiance. n invocation was given by Councilwoman Mackey. RO L CALL Prese t: Councilmembers Handshy, Mackey, Molina and Mayor Nelson A Absent Councilwoman Norris (on vacation, as announced at lasts : eting)77 � aru 4.tt S''N .nt ti N } �" 1.•t<< � L+.wL 3ri+5•! f., _ �; T; �. 4. yqY r } �+ { STAFF � �r . �.l�i".t + M •+ 'rh�a Mike Shelton, C ty Manager ; David Jorgensen, Administrative Services Director; ;Robert M. Jones, City Attorney/City Clerk; Bud McHale,' Police Chief; Henr Engen, Community Development Director; Paul Sen- sibaugh, Public Wo ks Director; Bob Best, Recreation Director; Cindy Wilkins, Deputy City erk. - COUNCIL/STAFF COMMENTS ; . Mayor Nelson presented plac ues in recognition of the services of de- parting Parks_ & Recreation ommissioners Ruth Doser, Mark Jensen and Jim Porter . Paul Sensibaugh, Public Works Dir ctor, introduced new employee David Lara, Custodian. Mike Shelton announced that introduct n of new Police Dept. employee Jay Von Bargen will be at a later te, as he is currently serving military duty. City Clerk Robert Jones announced the resul of the June . 3rd elec- tion. MOTION: By Councilman Molina to adopt Res. No. 62-86 (Certification of Election results from County of SLO) , seconded by Council- woman Mackey; passed by 4 :0 roll-call vot with Councilwoman Norris absent. City Clerk Robert Jones presented certificates of election and admini- stered the Oath of Office to newly elected officials Ma 'orie Mackey and Bonita Borgeson, City Council, Charles E. Bourbeau, Ci Treasurer and Boyd C. Sharitz , City Clerk. Councilman Handshy presented a placque to Rolfe Nelson in hono of his 7 years of dedicated service as City Council Member and Mayor , i ad- dition to a letter of appreciation from fellow Council members. Maggie Rice, representing the Chamber of Commerce, presented a placq e and letter of appreciation to Rolfe Nelson. 1 Over f AiL MOTION: By Councilman Molina to appoint Councilwoman Mackey to May } seconded by Councilwoman Borgeson; passed by 4:0 roll-cal with Councilwoman Norris absent. TION: By Councilman Handshy to appoint Councilman Molina to Mayor Pro Tem, seconded by Mayor Mackey; passed by 4:O roll-call, with Councilwoman Norris absent. COUNCI ADJOURNED FOR A FIVE-MINUTE BREAK. A. CONSEN CALENDAR Approval of Minutes of the Regular Council Meeting of June 9, � 1986 2. Approval of ity Treasurer 's Report - May 1-31, 1986 3. NApproval of Cit Finance_%Director ' s Report - May 1-31, 1986 4. Proposed Resoluti 64-86 - Adopting Business Improvement Asso- c,iation Bylaws (App -oved at 6/9/86 Council Meeting) 5. Approval of 1986 Non- "nancial Worksite Agreement for Summer Jobs for Youth Employment Pr gram 6. Proposed Resolution 63-86 Authorizing Mayor to Ratify y the (*) Department of Animal Regul tion Fiscal Year 1986/87 Contract Re- newal 7. Approval of Final Lot Line Adj stment 1-86 - 8305 Coromar - Molina/Twin Cities Engineering 8. Approval of Tentative Parcel Map AT 830311:1 - 3100/3150 Ardilla Road - Time Extension to Comply wi h Imposed Conditions Davis/ Twin Cities Engineering 9. Approval of Tentative Parcel Map 1-86 - 0870/10900/11020 Santa Ana Road (Lots 26, 27 & 28 of Block 26) - ivision of 19. 80 Acres into 3 Parcels of 4. 40 Acres and 1 Parcel o 6 .60 Acres Nation- wide Network Mortgage/Twin Cities Engineering 10. Proposed Denial of Claim for Damages by Ron Edwa ds for $1\an 25000 11. Proposed Denial of Claim for Damages by Mary Bro 12. Authorization to Begin Bid Procedures for Groue Services for Park Facilities 13. Authorization to Prepare a Resolution of Intent Street Maintenance District - Cayucos Ave nue 14. Authorization to Hire Planning Department InternsGeneral Plan Update 2