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HomeMy WebLinkAboutAgenda Packet 08/25/1987 • NOTE: THERE WILL BE A CLOSED COUNCIL SESSION AT 6 :00 P.M. IN THE ADMINISTRATION BUILDING FOURTH FLOOR CLUB ROOM REGARDING PERSONNEL MATTERS A G F N P A 'ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING FOURTH FLOOR, ROTUNDA ROOM AUGUL 25, 1987 7:30 PAM 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 Roll Call City Council Comment Committee Reports - (The following represent Ad Hoc or Standing Committees. Informative status reports will be given, as felt necessary. 1. City/School Committee 6. Equal Opportunity Commission 2. ' North Coastal Transit 7. Police Facility Committee 3. San Luis Obispo Area 8. Atascadero Lake Acquistion Coordinating Council Committee 4. Traffic Committee 9. Tree Committee 5. Solid Waste Mgmt Committee 10 . Bicentennial Committee 1 • 1 0 (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 City Council Minutes - August 11, 1987 2. Acceptance of City Treasurer ' s Report - July, 1987 3. Acceptance of Finance Department Report - July, 1987 4. Approval of Resolution 90-87 - Modifying Resolution 56-87 1987/88 Animal Control Contract with County of San Luis Obispo 5. Acceptance of Final Lot Line Adjustment 3-87 - 7055 Llano - Wood/Cuesta Engineering 6. Acceptance of Final Parcel Map 26-85 - 8870 San Gabriel Road Davis/Guy Green 7. Authorization for Mayor to Enter into Renewal Lease Agreement - San Luis Obispo County Zoological Society - Tiki Hut Concession at Atascadero Lake Park . 8. Authorization for Part-Time Recreation Clerical Aid 2 9. Authorization to Solicit Bids - 1987/88 Road Resurfacing Project 10. Approval of Resolution 91-87 - Designation of Public Works Director to be Authorized to Execute Documents on UMTA Section 18 Capital Assistance Contracts B. HEARINGS/APPEARANCES/REPORTS (Approximate Time - 15 Minutes) 1. General Plan Amendment 2G-87 - Architectural Review Standards Element Amendment - Initiated by City of Atascadero A. Public Hearing B. Resolution 88-87 - Amendment to General Plan Text of the Community Appearance and Standards Element by Deleting Reference to Design Review Commission (Approximate Time - 15 Minutes) 2. General Plan Amendment 2H-87 - Revising the General Plan Circulation Element - Initiated by the City of Atascadero A. Public Hearing aB. Resolution 87-87 - Amendment to the General Plan Circulation Element by Elimination of Table VIII-2, "Recapitulation of Proposed Capital Improvements Within the Colony under Various Fiscal Jurisdictions (Approximate Time - 10 Minutes) 3. Assembly Bill 2020 - Bottle Bill - Staff Report C. UNFINISHED BUSINESS (Approximate Time - 20 Minutes) 1. Tentative Parcel Map 5-87 - 8925 Atascadero Avenue - Proposal to Allow Subdivision of 1.72 Acres into Three Lots of 21, 805 , 21,788 , and 20 ,280 Square Feet Each, or City Requested Alternative of a Two-Way Lot Division of 31,993 and 31,883 Square Feet Each - Fisher (Cont'd from 4/28 and 8/11/87 Council Meetings) (Approximate Time - 10 Minutes) 2. General Plan Amendment 2E - 87 and Zone Change 10-87 - 5599 Traffic Way - Initiated by the City of Atascadero (Parks and Recreation Department) • A. Resolution 84-87 - Approving Amendment to the General Plan Text on Open Space and Conservation Element (Cont'd from 8/11/87) 3 B. Ordinance 157 - Amending Official Zoning Ordinance Relative to Allowed Uses in the Public Zone (SECOND READING) (Cont'd from 8/11/87) (Approximate Time - 5 Minutes) 3. Ordinance 156 - Amending Official Zoning Maps from Residential Suburban to Residential Single Family, 1 Acre Minimum (General Plan Amendment 2B-87/Zone Change 5-87) - 8430 Santa Rosa Road - Messer/Cuesta Engineering (SECOND READING) (Con' td from 8/11/87) D. NEW BUSINESS (Approximate Time - 20 Minutes) 1. Council Consideration regarding Conducting Survey on Direct Election of Mayor position (Approximate Time - 20 Minutes) 2. Planning Commission Responsibility - Council Discussion (Approximate Time - 15 Minutes) 3. Freeway Sign Policy (Cont'd from 7/28/87 Mtg (Council Comment) (Approximate Time - 10 Minutes) 4. Authorization to Solicit Proposals - Historic Structures Report (Historic Preservation Grant Requirement) (Approximate Time - 5 Minutes) 5. Resolution 89-87 - Adoption of a City Investment Policy (Approximate Time - 10 Minutes) 6 . Authorization to Accept Bid Proposal - Don Valley Mazda - Two Pickup Trucks - Community Development Dpt - $20 ,031.04 E. ATASCADERO SANITATION DISTRICT (Council will recess and convene as the Atascadero County Sanitation District Board of Directors) (Approximate Time - 10 Minutes) 1. Septic Tank Dump Facility - Fee Structure (The Board of Directos will adjourn and reconvene as the ' City Council) F. INDIVIDUAL DETERMINATION . 1. City Council a. Council Reconsideration of Resolution 81-87 - Vacation of Portion of Curbaril - Adjacent to 9404 Curbaril Ave . 4 4 rT 7 ATASCADERO CITY COUNCIL MINUTES AUGUST 11, 1987 Atascadero Administration Building The regular meeting of the Atascadero City Council was called to order at 7 :30 p.m. by Mayor Norris. ROLL CALL Present: Councilmembers Borgeson, Handshy, Mackey, and Mayor Norris Absent: Councilmember Bourbeau COUNCIL COMMENT 1. Mayor Position - Council requests staff to present a survey at the August 25 Council Meeting with information on news article or special mailing alternatives requesting public • opinion on the options of voter direct election versus Council appointment of the Mayor . It is noted that in both instances the Mayor ' s duties will remain the same. 2. Sewage Disposal - The Public Works Department is requested to present to the August 25 Council Meeting a report on sewage disposal and a cost analysis on acceptance of septic tank disposal. 3. Recycling - The Community Development Department is requested to present at the August 25 Council Meeting a report on A.B. 2020 Recycle Bill. PUBLIC COMMENT Tony Brown, Atascadero News Reporter, states that he is relin- quishing his duties as City Council Reporter for the Atascadero News to Brad Humphrey, and encouraged the City to provide an "open door" policy regarding local political matters. Ms. Sarah Gronstad, citizen, expressed concerns with the present zoning adjacent to the State Hospital and a proposal to place an elementary school in this area. She urges Council to study the zoning in this area and consider rezoning it from residential • (considered unsafe) to a more compatible use. 1 • F 3 A. CONSENT CALENDAR 1. Approval of July 28, 1987 Council Minutes 2. Authorization for Late Claim Acceptance for Augustine Hyde by Rosalie Hyde 3. Authorization for Parks and Recreation Department to Solicit Bids - Parks Utility Vehicle 4. Atascadero Police Facility: A. Authorization to Enter into Agreement with Schenberger, Taylor, Mc Cormick & Jeckner for Real Estate Appraisal Report of Beno' s Property at 5505 El Camino Real $2,000 B. Authorization to Enter into Agreement with Ross, Levin, & Mac Intyre Architectural Firm for Inspection/Site Analysis& Report of Existing Beno' s Location for Police Facility Suitability 5. Authorization to Enter into Agreement with Schenberger , Taylor , Mc Cormick & Jeckner for Real Estate Appraisal Reports on Various City-Owned and Private Properties Atascadero Lakeside Properties) 6. Approval of Tentative Tract Map 14-87 - 9505 E1 Camino Real - Subdivision of 4 Parcels Totaling 5. 5 Acres into 8 Lots (2 of which will be further divided into commercial condominium units) Hendrix 7. Approval of Tentative Lot Line Adjustment 12-87 - 7503 Carmelita/7505 Curbaril - Bench/Stanley/Central Coast • Engineering 8. Acceptance of Final Lot Line Adjustment 8-87 - 9351-9385 Musselman - Norton/Cuesta Engineering 9. Acceptance of Final Parcel Map 13-86 - 7300 San Gregorio Road - Langille/Daniel Stewart MOTION: Councilmember Mackey moves for approval of Consent Calendar Items with the exception of A-5,6, and 9; Councilmember Borgeson seconds; Motion carries unanimously B. HEARINGS/APPEARANCES/REPORTS B-1 RESOLUTION 81-87 - SUMMARILY VACATING A PORTION OF CURBARIL ROAD RIGHT-OF-WAY ADJOINING PARCEL A, PM 14-80 PURSUANT TO STREETS AND HIGHWAYS CODE, PART 3 , PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS VACATION LAW; CHAPTER 4 SUMMARY OF VACATION; 8333 - PUBLIC HEARING Henry Engen, Community Development Director , states that Charles Gray seeks to purchase the above portion of Curbaril right-of-way (Curbaril has since been relocated) totaling 7 , 500 square feet from the City and merge it with his existing lot. Planning Commission voted unanimously for vacation with conditions. Staff requests a conceptual approval at this time, and to re-present at a later date following negotiation of conditions with applicant. 2 l • • No public comment given on this item. Councilmember Borgeson discusses this proposal removing access to pedestrian/equestrian travel on what appears to be a well used path over the right-of-way. Henry Engen and Paul Sensibaugh, Public Works Director, both agree that the existing road right-of-way does allow enough space for pedestrian/equestrian travel. MOTION: Councilmember Mackey moves to approve Resolution 81-87 con- ceptually and directs staff to re-present to Council after completion of condition negotiations with the applicant; Motion fails for lack of a second. B-2 GENERAL PLAN AMENDMENT 2B-87 AND ZONE CHANGE 5-87 8430 SANTA ROSA ROAD - DON MESSER RESOLUTION 85-87 - AMENDMENT TO THE GENERAL PLAN at 8430 SANTA ROSA ROAD FROM SUBURBAN RESIDENTIAL SINGLE FAMILY TO MODERATE DENSITY SINGLE FAMILY, ONE ACRE MINIMUM LOT SIZE (INCLUDING EXTENSION OF THE URBAN SERVICES LINE) ORDINANCE 156 - AMENDING SECTION MAP 22 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN PROPERTY AT 8430 SANTA ROSA ROAD FROM RESIDENTIAL SUBURBAN TO RESIDENTIAL SINGLE FAMILY, ONE ACRE MINIMUM Henry Engen, Community Development Director , reviews the appli- cant' s proposal conceptual drawings showing one acre lots includ- ing sewer lines. Paul Sensibaugh, Public Works Director , states that the project location falls within the Sanitation District boundary but not within the Urban Services area, and would not create significant impacts to sewer. John Falkenstein, applicant representative, states that sewer accessibility is available to the site without line extension, the site is bordered by three side with lots at 1-1/2 acres or less, and Planning Commission approved the project unanimously. Mr. Richard Shoreridge, adjacent property owner , expresses con- cerns regarding the drainage area fronting the property providing a unique animal/fauna habitat which should not be impacted by this project. 3 Paul Sensibaugh clarifies that the drainage area can be con- ditioned to be protected through the specific plan process. It is noted that Santa Rosa' s existing road is scheduled for resurfacing this fiscal year. Councilmember Borgeson expresses her concerns regarding a tendancy towards increased densities and property size reductions in Atascadero. MOTION: Councilmember Mackey moves to adopt Resolution 85-87 ; Councilmember Handshy seconds; Motion carries 3-1 (Councilmember Borgeson opposed) MOTION: Councilmember Mackey moves to read Ordinance 156 by title only; Councilmember Handshy seconds; Motion carries unanimously MOTION: Councilmember Mackey moves to adopt Ordinance 156 ; Councilmember Handshy seconds; Motion carries 3-1 is (Councilmember Borgeson opposed) B-3 GENERAL PLAN AMENDMENT 2E-87 AND ZONE CHANGE 10-87 RESOLUTION 84-87 - AMENDMENT TO THE GENERAL PLAN TEXT ON THE OPEN SPACE AND CONSERVATION ELEMENT OF THE CITY' S GENERAL PLAN ORDINANCE 157 - AMENDMENT TO THE OFFICIAL ZONING ORDINANCE TEXT RELATIVE TO ALLOWED USES IN THE PUBLIC ZONE Henry Engen, Community Development Director , states that the General Plan redesignation from Industrial to Public/Recreational is required for the City to obtain a $50 ,000 State grant, which would be used to rehabilitate the two existing ball fields on Traffic Way. He also clarifies that the present zoning of the aea is "Public" with the General Plan depicting Light Industry. Mayor Norris states that Curt Sorg, County representative, has requested a continuance of this item for two weeks to allow additional discussions with staff as to the effects this land use redesignation may have on the Armory. The Armory site is included in the redesignation area, even though it is presently owned by the County and is exempt from City regulations, as it is felt that the use of the site should be compatible with the area if future use of the Armory should change . 4 r � • MOTION: Councilmember Mackey moves to approve Resolution 84-87 ; Councilmember Handshy seconds; motion fails 2-2 MOTION: Councilmember Borgeson moves to continue this item to the August 25 Council Meeting; Councilmember Mackey seconds; Motion carries unanimously MOTION: Councilmember Borgeson moves to read Ordinance 157 by title only; Councilmember Mackey seconds; Motion carries 3-1 (Councilmember Handshy opposed) City Clerk Boyd Sharitz reads aloud Ordinance 157 in its entirety. MOTION: Councilmember Borgeson moves to adopt Ordinance 157 as a first reading; Councilmember Mackey seconds; motion carries unanimously B-4 GENERAL PLAN AMENDMENT 2F-87 - CITY-WIDE - INITIATED BY THE CITY OF ATASCADERO RESOLUTION 83-87 - AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT PERTAINING TO CHAPTER V, LAND USE POLICY #8 REGARDING LOT SIZE DETERMINATIONS Henry Engen, Community Development Director reviews proposed changes to Land Use Policy #8, which would change the City' s land calculation formula from "gross" acreage to "net" acreage, and not allow road right-of-way area to be used in the calculation. He further states that Council can act on this item or refer it to be included in the General Plan update to be addressed. John Falkenstein, Cuesta Engineering, Don Blazey, Atascadero Board of Realtors, Sharon Morin, Realtor, Allen Volbrecht, Surveyor, Don Messer, Contractor , and Judy Bishop, Realtor , express concerns regarding the impacts this proposal would have on property owners. Impacts include reduced ownership of animals, loss of property value to some properties, and ad- ditional requirements to individual property owners who are amending their parcels to purchase individual surveys of property net acreage owned versus utilizing County Recorders Office legal recordings of land, which is documented in gross acreagage. 5 i After discussion on the item Council concludes that, although this proposal would standardize the City' s formula for calcu- lation of parcel sizes for all parcels within the City, it is premature prior to the General Plan being updated. MOTION: Councilmember Borgeson moves to refer General Plan Amendment 2F-87 Proposal to be reviewed in the Atascadero General Plan Update program; Councilmember Mackey seconds; Motion carries unanimously B-5 TENTATIVE PARCEL MAP 5-87 - 8925 ATASCADERO AVENUE - PROPOSAL TO ALLOW SUBDIVISION OF 1.72 ACRES INTO THREE LOTS OF 21, 805, 21, 788 , AND 20 ,280 SQUARE FEET EACH OR COUNCIL REQUESTED ALTERNATIVE FOR A TWO-WAY LOT DIVISION OF 31,993 AND 31, 883 SQUARE FEET EACH - FISHER (Cont'd from 4/28/87) Henry Engen, Community Development Director , states that this item was removed from City Council' s Consent Calendar on April 28 , 1987 , due to public opposition and concerns with drainage impacts. The applicant was directed by Council to propose a two-way lot split alternative. John Falkenstein, applicant representative, states that Mr. Fisher has complied with Council direction to provide a two-way lot split alternative, but desires Council to address the original three-way proposal, which he originally requested, first. Mr . Falkenstein further clarifies that all concerns expressed regarding this proposal have been mitigated according to the requirements set forth by the City, and that City staff and Planning Commission have recommended approval. Mr. Dennis Lockridge, adjacent property owner , expresses his disfavor regarding size of access, location of fire hydrant, and proposed road maintenance agreement. Mr . Dean Crawford, adjacent property owner , is opposed to the three-way lot split creating a "flag lot" and additional traffic impacts due to future lot split possibilities in the area. Don Ross, Architect and Paul Washburn, Contractor , express con- cerns with the possibility of the City Council overriding the Atascadero General Plan. . .which the three-way lot split does con- form with. . .without providing valid reasons. They also clarify that the applicant has met all conditions of approval required by staff. Henry Engen clarifies the City requirement of private driveways being 16 feet wide if accessing four or less parcels and 20 feet wide for access to five or more parcels. Councilmember Borgeson expresses concerns with the proposed 6 "hammerhead" drivewayturnaround and the inability to enforce Y open space portion of the hammerhead to remain open and accessible to emergency vehicles. Councilmembers Borgeson and Mackey clarify the public' s right to remove an item from the City Council Consent Calendar . Councilmember Mackey expresses her disfavor with the three-way lot split increasing densities in the area and the extreme length of the driveway proposed. MOTION: Councilmember Handshy moves to Approve Tentative Parcel Map 5-87 (3-Way Lot Split) ; Councilmember Norris seconds; (Motion dies with Councilmembers Borgeson and Mackey opposed) City Attorney Jeffrey Jorgensen suggests continuance of this item to a full City Council Meeting as Councilmember Bourbeau is absent, and that a tie vote does not necessitate denial of the proposal, but rather a "no action" . MOTION: Councilmember Borgeson moves to approve a two-way lot split alternative to Tentative Parcel Map 5-87; Councilmember Mackey seconds; motion carries 3-1 (Councilmember Handshy opposed) Mr. Washburn asks if Council' s concerns regarding long driveways and hammerhead turnarounds can be interpreted as a presidenting decision not to allow these in the future. Mayor Norris requests Council to allow her to withdraw her yes vote on the two-way lot split alternative. MOTION: Councilmember Mackey moves to accept reconsideration of previous council motion on two-way lot split alternative to Tentative Parcel Map 5-87 ; Councilmember Borgeson seconds; motion carries unanimous MOTION: Councilmember Mackey moves to continue this item to the August 25, 1987 regular Council Meeting; Councilmember Borgeson seconds; motion carries unanimously B-6 BUDGETED ROAD IMPROVEMENTS FOR 1987/88 - VERBAL STATUS REPORT Paul Sensibaugh, Public Works Director gives a comprehensive 7 review, including slide presentation of the Public Works Department' s ongoing road maintenance/drainage improvements that are completed or in the process of being completed. He states that the road overlay project each year resurfaces approximately 10 miles of road and that the Public Works Department has completed a 5 year projected program on road improvements. C-1 ORDINANCE 155 - AMENDMENT OF THE ATASCADERO ZONING MAP FROM RESIDENTIAL SINGLE FAMILY TO COMMERCIAL RETAIL ZONE CHANGE 7-87 - 9255 EL CAMINO REAL - MESSER/CUESTA ENGINEERING - SECOND/FINAL READING OF ORDINANCE No public comment given on this item. MOTION: Councilmember Mackey moves to Approve Ordinance 155 , Second/Final Reading (Zone Change 7-87) ; Councilmember Handshy seconds; motion carries 3-1 (Councilmember Borgeson opposed) A-5 AUTHORIZATION TO ENTER INTO AGREEMENT WITH SCHENBERGER, MC CORMICK AND JECKNER FOR REAL ESTATE APPRAISAL REPORTS ON VARIOUS CITY-OWNED AND PRIVATE PROPERTIES (ATASCADERO LAKESIDE PROPERTIES Councilmember Borgeson requests future reference of the parcels in question be described by address rather than by Assessors Parcel Number . MOTION: Councilmember Borgeson moves to approve Appraisal Agreement with Schenberger , Mc Cormick and Jeckner on various cityowned and private properties; Councilmember Mackey seconds Motion carries unanimously MOTION: Councilmember Borgeson moves to allow continuance of the Council Meeting past 11: 00 p.m. ; Councilmember Mackey seconds; motion carries 3-1 (Councilmember Handshy opposed) A-6 APPROVAL OF TENTATIVE TRACT MAP 14-87 - 9505 EL CAMINO REAL - SUBDIVISION OF FOUR PARCELS TOTALING 5. 5 ACRES INTO EIGHT LOTS (TWO OF WHICH WILL FURTHER BE DIVIDED INTO COMMERCIAL CONDOMINIUM UNITS) - HENDRIX Councilmember Borgeson removed this item from the Consent Calendar to allow additional time to review late submittal of staff documentation. j 8 MOTION: Councilmemer Borgeson moves for approval of Tentative Tract Map 14-87; Councilmember Mackey seconds; Motion carries unanimously A-9 ACCEPTANCE OF FINAL PARCEL MAP 13-86 - 7300 SAN GREGORIO RD LANGILLE/DANIEL STEWART Councilmember Norris abstains from voting on this item due to possible conflict of interest. MOTION: Councilmember Mackey moves to Accept Final Parcel Map 1223-86; Councilmember Handshy seconds; Motion carries 3-0 (Councilmember Norris abstaining) D-1 RESOLUTION 86-87 - AUTHORIZATION TO PURCHASE REPLACEMENT PAGING SYSTEM MODULE - POLICE/FIRE DISPATCH CONSOLE FROM CONTINGENCY FUNDS - $15, 000 Bud Mc Hale, Police Chief, explains that due to very recent equipment failures, they have been advised by County Technicians to replace the unit rather than continue repairs. MOTION: Councilmember Handshy moves to Approve Resolution 86-87; Councilmember Mackey seconds; Motion carries unanimously D-2 AWARD OF USED MOTOR GRADER BID - A-JAY EXCAVATING - 1974 JOHN DEERE 570 Paul Sensibaugh, Public Works Director , states that the funds for the grader ($40 , 000) were authorized in the 1986/87 Budget. The purchase price of the grader is $28, 500 , and staff is requesting additional funds to replace tires, paint, etc. with a total price of $33 , 000 . The remaining $7 ,000 will go back into the General Fund. MOTION: Councilmember Borgeson moves to authorize the used Motor Grader Bid to A-Jay Excavating and refurbishing for a total cost of $33 ,000 ; Councilmember Mackey seconds; Motion carries unanimously 9 D-3 SANTA YSABEL ROAD RECONSTRUCTION - APPROVAL OF PLANS/ SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR ROAD RECONSTRUCTION Paul Sensibaugh, Public Works Director , reviews project proposal. Phasing of this project is recommended, as the total project estimated cost is $400 ,000 (which is not presently available and budgeted) , but any phase can be completed in its entirety. Paul states that power pole relocation will be accomplished by the utility company at their cost (requirement of franchise agreement) . Undergrounding utilities alternative could require participation from the City, and may not be feasible with phasing the project. Sidewalk installation will be required of property owners, as development occurs. MOTION: Councilmember Borgeson moves to Approve Santa Ysabel Road Reconstruction Plans/Specifications and authorizes staff to solicit bids; Councilmember Mackey seconds; Motion carries unanimously The regular meeting is adjourned at 11:15 p.m. with a Special Closed Council session scheduled August 17th at 5: 00 p.m. in the Administration Building Fourth Floor Club Room. Submitted by: Karen Vaughan Deputy City Clerk 10 M AG ENDA871.E, # kz- *DAI"r" CITY OF ATASCADERO • TREASURER'S REPORT JULY 1, 1987 TO JULY 31, 1987 TAXES Property Tax 22,926 .65 Cigarette Tax 4 ,027.28 Motor Vehicle In-Lieu 53,960 .11 Sales Tax 91,800 . 00 Franchise Tax 2,817.40 Miscellaneous "Other" Taxes 7,136. 79 Development Impact Tax 13,558.50 Homeowners Relief 3,803. 85 Occupancy Tax 29,787. 00 LICENSES/PERMITS/FEES 39, 575.25 DEVELOPMENT FEES 53,739.01 PARKS & RECREATION FEES 15,239. 75 GAS TAX 18,998.92 ZOO RECEIPTS 5,014. 69 LOCAL AGENCY INVESTMENT FUND 565,000. 00 TRANSPORTATION SB-325 2, 567.65 STREET ASSESSMENT 41. 00 TRAFFIC SAFETY 8,454.04 • MISCELLANEOUS Off-Highway Vehicles 231.90 Interest Earnings 67,277.98 Narcotics Officer 2,869.68 School Resource Officer 1,363.31 Assessment District 4 8,613. 82 Sale Maps/Publications/Reports 331.00 Special Police Services 106.29 Fines & Penalties 1, 086. 84 Planning Permit Deposits 1,195.00 Business Improvement Assn. Fee 537. 50 P.O.S.T. Reimbursement 1,706.78 Reimburse to Expense 398. 88 Rents/Concessions 362.27 Refunds 6 ,801. 53 Sanitation Reimbursement 71,767.71 Weed Abatement 767.00 Overages and Shortages 1.49 Miscellaneous 498.10 TOTAL 1,104 ,364.97 1 CITY OF ATASCADERO • TREASURER'S REPORT JULY 1, 1987 TO JULY 31, 1987 INVESTMENTS LOCAL AGENCY INVESTMENT FUND $3 ,330, 000. 00 TOTAL INVESTMENT DEPOSITS $3 ,330,000 .00 1 Gere Sibbach City Treasurer 2 • August 25 , 1987 To All Council Members: The breakdown detail on all accounts is available for your viewing in the Finance Department. Dav o gensen Admin Srvices Director • 3 CITY OF ATASCADERO • FINANCE DIRECTOR'S REPORT JULY 1, 1987 TO JULY 31, 1987 BALANCE AS OF JUNE 30, 1987 41,183.72 DEPOSITED BY TREASURER, SEE RECEIPTS, TREASURER'S REPORT, PAGE 1 1,104 ,364. 97 TOTAL 1,145,548.69 HAND CHECK REGISTER DATED 07/31/87 79, 015 .13 CHECK REGISTER DATED 07/01/87 30,393. 51 CHECK REGISTER DATED 07/10/87 278, 080. 82 CHECK REGISTER DATED 07/17/87 41,131. 49 CHECK REGISTER DATED 07/24/87 144 ,866 . 43 CHECK REGISTER DATED 07/31/87 376,255.09 SERVICE CHARGE-MASTERCARD 2. 50 EXPENSE LISTING 177 ,677 .25 TOTAL 1,127,422. 22 BALANCE AS OF JULY 31, 1987 18,126 .47 PETTY CASH 540 .00 TREASURY INVESTMENTS • SEE TREASURER' S REPORT, PAGE 2 3,330 ,000.00 TOTAL 3 ,348 ,666 .47 I, DAVID JORGENSEN, do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. DATED: August 25, 1987 DA Iib J RG NSEN Admin. er ices Director 4 0 • CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT JULY 1, 1987 TO JULY 31, 1987 EXPENSE LISTING PAYROLL DATED 07/08/87 CHECKS #39799-39934 92,249.19 PAYROLL DATED 07/22/87 CHECKS #39935-40050 86,988.59 VOID CK#39865 CK. REG. DATED 07/08/87 (1, 401. 53) VOID CK#35638 CK. REG. DATED 07/10/87 (15.00) VOID CK#35888 CK. REG. DATED 07/24/87 (144. 00) TOTAL 177,677 .25 5 • -r 0 91Z S A 7 M E M O R A N D U M TO: City Manager Mike Shelton and City Council Members FROM: Chief of Police SUBJ: Animal Regulation Contract DATE: August 18, 1987 RECOMMENDATION/COUNCIL ACTION REQUESTED: It is recommended that Council adopt Resolution Number 90-87 as proposed and modified. BACKGROUND: Council may recall that on June 23, 1987, a resolution was adopted approving the fiscal year 1987-88 Animal Regulation Contract between the County of San Luis Obispo and the City of Atascadero. The previous resolution established a charge of $40.00 per man hour for court proceedings relative to Animal Regulation cases - this modified resolution will reduce the hourly rate charged to $25.00 per man hour. FISCAL IMPACT: • A savings of $15.00 per man hour is realized through this change. For your consideration. . . V.Y RICHARD H. McHALE RHM:sb • RESOLUTION NUMBER 9()r87 • RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO MODIFYING RESOLUTION NUMBER 56-87 AND APPROVING RATIFICATION OF THE MODIFIED CONTRACT RENEWAL WITH THE COUNTY DEPARTMENT OF ANIMAL REGULATION FISCAL YEAR 1987-88 WHEREAS, a revised agreement for animal control services has been submitted to the City of Atascadero for ratification by the City of Atascadero; and WHEREAS, it is the desire of the City Council to continue receiving animal control services from San Luis Obispo County Animal Regulation Department; and WHEREAS, the City agrees to pay San Luis Obispo County any deficits between total revenue credited to City and City's allocated costs (to a maximum of $35,000) ; WHEREAS, the County of San Luis Obispo agrees that Section 12.G of the contract is modified to charge the City of Atascadero at a rate of $25.00 per man hour for court proceedings which represents a reduction • from the previous rate of $40.00 per man hour; NOW, THEREFORE,. the City Council of the City of Atascadero resolves as follows: Section 1. Authorizes the Mayor to ratify as modified the fiscal year 1987-88 agreement for animal control services with the County of San Luis Obispo Department of Animal Regulation. On motion by and seconded by , the foregoing resolution is hereby adopted as modified in its entirety by the following vote: AYES: NOES: ABSENT: *DATE ADOPTED: CITY OF ATASCADERO, CALIFORNIA BY: BARBARA NORRIS MAYOR *Original resolution adopted unanimously on June 23, 1987. • • AGREEMENT FOR ANIMAL CONTROL SERVICES This Agreement is made and entered into this 1st day of July, 1987, by and between the County of San Luis Obispo, hereinafter referred to as "County", and the City of Atascadero hereinafter referred to as "City". WITNESSETH: THAT WHEREAS, the City is desirous of contracting with the County for perform- ance of the hereinafter described animal control services within its boundaries by the County of San Luis Obispo through the Department of Animal Regulation; and WHEREAS, the County is agreeable to providing such services in accordance with the provisions of the San Luis Obispo County Code Title 9 which provides for the licensing of dogs, the establishment of a public pound, and for the collection and care of stray, diseased and vicious animals; and WHEREAS, the County of San Luis Obispo has established the Department of Animal Regulation to enforce the ordinances of the County Code Title 9 within the unincor- porated areas of the County; and WHEREAS, the interests of all citizens would be served by implementation of Animal Control Services in the incorporated communities of the County; and WHEREAS, the City is desirous of contracting for said Animal Control Service. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. Definition a. "Animal" as used in this Agreement means any species of vertebrate creature. b. "Animal transaction for City" as used in this Agreement means any of the following actions taken by County on City's behalf; (1) Search; (2) Seizure; (3) Capture or attempted capture; (4) Bite investigations; (5) Issue of written warning or citation; (6) Pick-up and disposal of dead animal; (7) Nuisance investigation . (8) Care of injured animal ; (9) Adoption/Redemption/Destruction • 0 (10) Extended holds (11) Court/Proceedings C. "Animals sheltered for City" as used in this Agreement shall mean any animal delivered to the animal shelter from within a City's corporate limits. d. "Man-hour" as used in the Agreement shall refer to the services of any single County officer, agent, or employee for one hour. Man-hours shall be recorded to the nearest one-half (1/2) hour. e. "Overall Program Costs" as used in this Agreement shall mean total operating costs incurred in providing services of any single component, as herein- after described, to any unincorporated areas of County together with the total operating costs incurred in providing services of any single component to any incor- porated community within County contracting for said component. Such costs shall include the cost of any leased premises, equipment, and those subcontracted services as hereinafter described. f. "Emergency Services" as used in this Agreement shall mean those ser- vices provided by one or more animal control officers during hours other than regu- lar business hours in response to a call concerning animal bites, stray vicious ani- mals or situations in which animals are constituting a threat to public safety. Emergency services do not include responses to animal nuisances such as barking or stray dogs. g. "Court/Proceedings" as used in this Agreement shall mean actual time involved by one or more Animal Control Officer in conducting investigations, preparing documents and/or participating in court proceedings resulting from an incident within a City's corporate limits. 2. Services Components - The County agrees to provide all necessary labor, facilities, and equipment to supply the following animal control service components: a. General Administration County agrees to provide management and supervision of the animal control program, to keep records and provide statements as hereinafter specified, to operate an animal release annex, to maintain a head- quarters with communication center and dispatcher service. These services shall hereinafter be referred to as the "general administration component". b. Ordinance Conformity - City agrees to adopt animal control ordinances which conform to and are not in conflict with Chapter 9 of the San Luis Obispo County Code. Changes and modifications to City codes may be conducted with the County Department of Animal Regulation's consultation before adoption. Count �. Y • 0 Department of Animal Regulation may also make recommendations to Cities for changes or modifications to their City ordinance. This service shall hereinafter be refer- red to as the "Ordinance Review Component". C. Animal Control Enforcement - County shall enforce all City Animal Con- trol ordinances and State laws within City's corporate limits, investigate com- plaints, including complaints involving animal bites, and issue citations. These services shall hereinafter be referred to as the "animal control enforcement compo- nent", but services under this component shall not include enforcement of City ani- mal licensing ordinances, which is covered under the "licensing component", nor shall it include enforcement of zoning ordinances dealing with animals. d. Animal Shelter - The County maintains a pound and provides for the care, housing, and disposal of animals seized within City's corporate limits or delivered by City's residents. It is understood and agreed that the County may sub- contract the obligations of this paragraph to an independent contractor or at its option undertake to perform these duties itself. These services shall hereinafter be referred to as the "animal shelter component". e. Public Education - County shall provide information to the public on the necessity of animal control as recommended by the Animal Regulation and Control Advisory Committee. This service shall hereinafter be referred to as the "public education component". f., Licensing - County shall collect license fees, issue licenses and receipts for licenses, enforce City licensing ordinances, and enforce state and local rabies control laws. County may choose to conduct an animal vaccination clinic. These services shall hereinafter be referred to as the "licensing compo- nent". g. Animal Population Control - County may choose to conduct a spay and neuter clinic. 3. Animal Requlation and Control Advisory Committee - There shall be an Animal Regulation and Control Advisory Committee whose responsibility it will be to review and recommend on all matters of Departmental Policy regarding overall program administration, level and quality of service, budget, and ordinance development and amendments. This Advisory Committee shall be made up of: one representative from each City contracting with the County, one representative from the County' s Veteri- narians' Association, one representative from an Animal Welfare Society, one repre- sentative from the County Health Department, one representative from the Department of Animal Regulation, and one representative from the County Sheriff's Department. The Committee shall receive staff support from the Department of Animal Regulation. 4. Supervision - The rendition of services specified in paragraph 2 of this Agreement, and matters incidental to the performances of said services, and the control of personnel so employed, shall remain in the County. 5. Cooperation - To facilitate the performance of the foregoing functions, it is hereby agreed that the County shall have the full cooperation and assistance from the City, its officers, agents, and employees. 6. Special Supplies - It is agreed that in all instances wherein special sup- plies, tools, vehicles, equipment, stationery, notices, forms, and the like must be used in the performance of this contract on behalf of City, the same shall be sup- plied by City at its own cost and expense. 7. Employee Compensation and Liability - City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder, or any liability other than that provided in this Agreement. The City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment. 8. Indemnification - County shall defend, indemnify and save harmless the City, its officers, agents and employees, from any and all claims, demands, damages, costs, expenses, or liability arising out of this contract or occasioned by the performance or attempted performance of the provisions hereof except those arising from the sole negligence or willful misconduct of the City, including, but not limited to, any act or omission to act on the part of the City or its agents or employees or other independent contractors directly responsible to it. 9. Employee Status - All persons employed in the performance of the services and functions specified in paragraph 2 of this Agreement shall be County employees: no present City employee shall become a County employee by reason of this Agreement; and no person employed hereunder shall have any City pension, Civil Service, or any similar status or right. For this Agreement, and for the sole purpose of giving legal status to the performance of the duties and responsibilities herein, every County officer and employee engaged in the performance of any service hereunder shall , where necessary, be deemed an officer or employee of City while performing the services for City. 0 0 10. Prosecution - It shall be the duty of the City Attorney, exercising the discretion vested in his office, to prosecute violations of the City Animal Ordi- nance, and take appropriate legal action with respect to the abatement of any public nuisance involving animals occurring within City's corporate limits. 11. Term and Renewal - This Agreement shall be effective on the lst day of July, 1987, and shall terminate on the 30th day of June, 1988, or the 30th day of June any year thereafter, provided that not later than March 15th next preceding said expiration date, either party shall notify the other in writing that it does not with to renew same. Otherwise, this Agreement will continue from year to year. 12. Allocation of Operating Costs - Charges to City for the services provided by County shall be computed on the following basis: a. Charges for general administration and ordinance review shall be $3.75 for each animal transaction for City (as defined in subparagraph 1(b) of this Agreement). A $3.75 charge shall also be applied for each animal delivered to the control facility by a resident of the City. The charges allocated to City pursuant to this subparagraph 12(a) shall be added to the charges made pursuant to subparagraphs 12(b) and (c) below when those charges are applicable. b. Charges for the animal control enforcement service component shall be $9.75 for each animal transaction (as defined in paragraph 1(b) of this Agreement) in which the service of an Animal Control Officer is involved, but excluding those services where charges are made pursuant to subparagraph 12(f) below. The charges allocated pursuant to this subparagraph 12(b) shall be added to the charges described in paragraph 12(a) above, and where applicable they may also be added to the charges described in paragraph 12(c) below. C. Charges for the animal shelter services component shall be $4.25 for each animal sheltered for City (as defined in paragraph 1(c) of this Agreement). The charges allocated pursuant to this subparagraph 12(c) shall be added to the charges described in subparagraph 12(a) above and where applicable they may also be added to the charges described in subparagraphs 12(b) and M. d. Overall program costs (as defined in paragraph 1(e) of this Agreement) for the public education component services shall be multiplied by the City's popu- lation percent, and that sum shall be charges to City. In no event shall City's allocated costs for the public education component exceed 16¢ per capita. e. Charges for the licensing component services shall be $3.00 for each animal licensed for City. Should County choose to conduct a countywide animal vac- • ! cination clinic, costs for conducting such a clinic shall be multiplied by the ratio created by dividing the number of animals vaccinated for City animal owners by the total number of animals vaccinated during the clinic. f. In payment for those emergency services (as defined in paragraph 1(f) of this Agreement) provided to City when only standby animal control officers are on duty, City shall be charged $40.00 per man hour. This charge shall be on a portal basis, and when applicable, may be added to the charges imposed 9 P pursuant to subparagraphs 12(a) and (c) above. g. Charges for Court/Proceedings (as defined in Paragraph 1(g) of this Agreement) resulting from an incident within the incorporated limits of a City, shall be charged to that City at a rate of $25.00 per man hour. h. Charges for unrecovered fees, bad checks, and veterinarian services shall be on an actual cost recovery. 13. Revenue from Fees and Impounds - Revenue from impound charges collected on animals taken from within City's corporate limits will be credited against City's allocated costs. ' 14. Revenue from Licensing - Revenue collected in licensing animals owned or adopted by residents of City shall be credited to City's allocated costs. 15. Deficits - City shall pay County any deficits between total revenue credited to City and City's allocated costs. City agrees sum of $ 35,000 represents a reimbursement which shall, within the conditions of this contract, be a maximum under which County shall be excused from any further performance. When in the cal- culation of charges incurred, the Animal Regulation Department costs equal said amount this clause shall act as a condition subsequent excusing the County from any further service under the terms of the contract. Said payments shall be made on or before the 31st day of August of each year of this Agreement's existence. 16. Enforceability - The invalidity and unenforceability of any terms or pro- visions hereof shall in no way affect the validity or enforceability of any other terms or provisions. 17. Modification - This Contract constitutes the entire understanding of the Parties hereto and no changes, amendments or alterations shall be effective unless in writing and signed by both parties. 18. Assignment of Personnel - The number of Animal Control Officers assigned to any activity shall be within the discretion of the Department of Animal Regulation of the County of San Luis Obispo. • • 19. motional Reduction in Services —Notwithstanding any provision herein to the contrary, City shall have the option to select a reduced level of services for the remainder of the contract period. The Department will provide a quarterly report of financial status of City's program in a format acceptable to the Director. Said reports are ordinarily provided at the end of the ninth, twelfth, and third months of each calendar year. City may notify Director of its election to reduce services within any two weeks after receipt of said report. Upon receipt of notice of said election Director will provide a reduced level of service, including emergency services. It is the intent of the parties to provide a continuation of mandated, emergency services to the community under this paragraph as an alternative to service termination as provided in paragraph 14 above. 20. Books and Records - County agrees to keep such books and records and in such form and manner as County Auditor-Controller shall specify. Said books shall be open for examination by City at all reasonable times. 21 . Notices - Any notice required to be given pursuant to the terms and pro- visions hereof shall be in writing and shall be sent by certified or registered mail to the County at: Department of Animal Regulation Route 2, Box 425 H San Luis Obispo, CA 93401 and to the City at: i • 0 IN WITNESS THEREOF, City of Atascadero by resolution duly adopted by its City Council causes this Agreement to be signed by its mayor and attested by its clerk, and County of San Luis Obispo by order of the Board of Supervisors causes these presents to be subscribed by Chairman of said Board and seal of said Board to be affixed hereto attested by clerk of said CITY OF ATASCADERO COUNTY OF SAN LUIS OBISPO By: BY: Mayor Chairman, Board of Supervisors ATTEST: ATTEST: FRANCIS M. COONEY, CLERK Board of Supervisors City Clerk By: Deputy Clerk REVIEWED BUT NOT RECOMMENDED JAMES B. LINDHOLM, JR. County Counsel By: Deputy County Counsel Dated: 9687u 0 A OP F,L i M50 County of San Luis Obispo COUNTY GOVERNMENT CENTER • SAN LUIS OBISPO,CALIFORNIA 93408 (805)549-5011 July 7 1987 R E x.., z V U---, Ui OFFICE OF THE !` q i COUNTY ADMINISTRATOR J U L '� 1�ydl Michael B. Shelton, City Manager CITY VAGR. 6500 Palma Avenue P.O. Box 747 Atascadero, CA 93423 Re: 1987-88 Animal Control Services Agreement Dear Mr. Shelton: Enclosed for your review is a revised copy of the 1987-88 Animal Control Services Agreement between the County of San Luis Obispo and your city. Please note Section 12(g) Allocation of Operating Costs. The charges for . court/proceedings have been revised from $40.00 per man hour to $25.00 per man hour based upon the estimated 1987-88 hourly productive rate for an Animal Control Lead Officer. The calculation includes both departmental and countywide overhead which I believe is an accurate reflection of the actual costs associated with court proceedings. For those cities that have already approved and signed the original agreement, I apologize for the duplication of effort. The revised rate will, however, provide a potential for cost savings. The revised contract should be signed by the Mayor, certified by the City Clerk and returned at your earliest convenience. When signed agreements have been returned from all participating cities in the county, I will place the matter on the Board of Supervisors Agenda for concurrence. Sincerely, WILLIAM E. BRIAM County Administrator c- Robert Dollahite, Department of Animal Regulation John Daly, Deputy County Counsel WEB:PH:tb 0060u 7-10 CRESOLUTION? NUMBER 56-87 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING RATIFICATION OF CONTRACT RENEWAL - WITH THE COUNTY DEPARTMENT OF ANIMAL REGULATIO14 FISCAL YEAR 1987-88 WHEREAS, a revised agreement for animal control services has been submitted to the City of Atascadero for ratification by the City of Atascadero; and WHEREAS, it is the desire of the City Council to continue receiving animal control services from San Luis Obispo County Animal Regulation Department; and WHEREAS, the City agrees to pay San Luis Obispo County any deficits between total revenue credited to City and City' s allocated costs (to a maximum of $35, 000. 00) ; NOW, THEREFORE, the Council of the City of Atascadero resolves as follows: Section 1. Authorizes the Mayor to ratify the Fiscal Year 1987-88agreement for animal control services with the County of C San Luis Obispo Department of Animal Regulation. On motion by COUNCILMAN BOURBEAU and seconded by CnTTCKEY , the foregoing resolution is hereby adopted in its entirety by the following vote: AYES: COUNCILMEMBERS BOURBEAU, BORGESON, MACKEY & MAYOR NORRIS NOES: NONE ABSENT: COUNCILMAN HANDSITY DATE ADOPTED: 6/23/87 CITY OF ATASCADERO, CALIFORNIA BY: BARBARA NORRIS Mayor crh III ATTEST: BOxD 1"e , SHA TZ r. C,it�V. tl�rk i By: BIND -WILKINS, Deputy City Clerk "APPROV7,D AS TO FORM: 1 . J EN N orn _ r AGNDA • M E M O R A N D U M TO: City Council 6� August 25 , 2987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director SUBJECT: Acceptance of Final Lot Line Adjustment 3-87 LOCATION: 7055 Llano APPLICANT: Philip Wood (Cuesta Engineering) BACKGROUND/RECOMMENDATION: On April 28 , 1987, the City Council approved Lot Line Adjustment 3-87, subject to certain findings and conditions and in concurrence with the • recommendation of the Planning Commission. The required findings and conditions have been complied with and the final lot line adjustment is recommended for approval. HE:ph Attachment: Lot Line Adjustment 3-87 'cc: Philip Wood Cuesta Engineering • EXI-�I B!I B I� IN � IN � � a • i tyi !15 nb I vi Lino- A)ju-4kKrm4- v °` N L Zit Iii I � m a o - y' nr.ra• Vii.-'' N O h O o Zi Z � 2ti n A u 1 bn>» rO�Y`O aYu a cobc"a a Qo / fwa i ' m�yo p� d0 4n C2 2 Danz 1T 1 .rlsoi. i � y4 0 0 2 0 g c 0 a ,� T^ a.; 7 } • 0 M E M O R A N D U M TO: City Council �I, � August 25, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director �. SUBJECT: Acceptance of Final Parcel Map 26-85 LOCATION: 8870 San Gabriel Road APPLICANT: Catherine Davis (Guy Greene) BACKGROUND/RECOMMENDATION: On November 12, 1985, the City Council approved Tentative Parcel Map 26-85, subject to certain findings and conditions and in concurrence • with the recommendation of the Planning Commission. The required findings and conditions have been complied with and the final parcel map is recommended for approval. HE:ph Attachment: Parcel Map 26-85 cc: Catherine Davis Guy Greene • M N o / 1 Z / W n. $ g // �Uy a �+ w 1 �- CCCS O a WHEEL= N W v Qt— WQ cW % j i , J > LJ f / % / / % : // fi f // / rJ Q� Qnvl�c� �' / i ii i %/ / , � ZU I cr ' ', i /i/% i/' LLW Q Q CV r LL) 00 _ Ij11''Itit "j� fill I l j 1 ,1 III, Il �I I I,II I f l, 1� � , 1 1 / ����•T � --- '1 l 1 1 11 � III' 111'1 ►1l 1 I, 1 ; .'� �� / / 11`I III IIII t1 11 ,ll ,'1� ♦ j j /I p� \ . �- I / pi 1 1 1 I� 1 111 1111-I ,y9v � � J / 1 1 01 t 1 I�1� 1�'Ipl 11 1111 llll�ljl�` 1 1 11 , I N Ili 11 ,llW 1 $1� I ` l/1, ! 11 _9 / ` 1 , lbl(l�ll��� ',l'I1 1/' 11 / t `�`` ill 11'1111 It 11j1 1111 '01 11 , l,ll 11 11 1 1111 A111 1j,111 � l I I ii i;ll IIi; I,III I l l 1�,1 1, 11 1 I I j1�1'l 11 1�1 1111 11 'If l 1 1/ /11 j i I tk_ V • M E M O R A N D U M TO: City Council 4 August 25 , 1987 VIA: Mike Shelton, City Manager FROM: Bob Best, Parks and Recreation Director SUBJECT: Zoological Society Lease RECOMMENDATION Renew the use permit with the San Luis Obispo County Zoological So- ciety for continued usage of the Tiki Hut at the Zoo. BACKGROUND The Zoological Society has been utilizing the "Tiki Hut" for a conces- sion area, selling miscellaneous items. This has worked well for • them, as it provides the society with a location to promote their op- eration. The term of the permit shall be July 1, 1987 to June 30 , 1988. FISCAL IMPACT None, as the society operates the concession at their expense and the City requires they have liability insurance. BB:ph i USE PERMIT: ZOOLOGICAL SOCIETY THE CITY OF ATASCADERO, a municipal corporation of the State of Cali- fornia hereinafter called City, having property or space not presently required for use for City purposes, hereby gives permission, pursuant to the provisions of Government Code Section 25536 , to the San Luis Obispo County Zoological Society, hereinafter. called Permittee, to use the following described City property or space for such purposes and upon such terms and conditions as are herein provided: Use of City owned 81X12 ' building located at the main entrance to the Charles Paddock Zoo; the building is commonly called the "Tiki Hut" . WITNESSETH: In consideration of the mutual covenants, conditions, promises and agreements herein contained, the City and Permittee hereby mutually covenant and agree as follows: 1. Grant and Description of Premises: The City, for and in consider- ation of the agreements hereinafter stated, grants to Permittee the nonexclusive right and privilege to maintain and operate a• novelty stand within the Atascadero Lake Park. No rights expresses or implied, other than those expressly given in this permit are granted, and any other conditions are hereby denied Permittee under this agreement. It is understood that the privileges granted herein are non-exclu- sive and the City reserves the right to grant other similar or identical permits. 2. Condition of Premisis: The taking of possession of the subject premises by Permittee shall, in itself, constitute acknowledgement that the premises are in good and rentable condition. Permitee agrees to accept said premises in their presently existing condi- tion "as is" ; and the City shall not be obligated to make any al- terations, additions or betterments thereto. 3. Term: The term of this permit shall be for a period of one year , and shall commence on July 1, 1987 , and end on June 30, 1988, both dates inclusive. At the expiration or termination of this permit as here provided, Permittee shall within thirty (30) days thereafter , remove from said premises or otherwise dispose of in a manner satisfactory to the City, all personal property be- longing to Permittee located on said premises subject to the pro- visions of Paragraph 10 of this permit. Should Permittee fail to . remove or dispose of his property as herein provided, the City may, at its election, consider such property abandoned or may dis- pose of same at the Permittee' s expense. Also at the expiration or termination of this permit, Permittee shall quit and surrender the said premises including real property improvements in a good state of repair, damage by matters over which Permittee has no control excepted, provided that such exculpatory provisions shall not extend to any risk which Permittee is required to insure against as herein stated, subject otherwise to all the terms and conditions of this permit. 4. Quitclaim Deed: Upon termination of the rights hereby granted, Permittee shall execute and deliver to the City within thirty (30) days after service of written demand therefore, a good and suffic- ient Quitclaim Deed to the premises described herein, including the improvements thereon. Should Permittee fail or refuse to de- liver to the City a Quitclaim Deed as aforesaid, a written notice by the City reciting the failure of Permittee to execute and de- liver said Quitclaim Deed as herein provided, shall after ten (10) days from the date of recordation of said notice be conclu- sive evidence against Permittee and all persons claiming under Permittee of the termination of said permit. 5. Rental: Permittee shall pay the sum of $1. 00 payable annually in advance. 6. Use of Premises: Permittee may use the premises for the follow- ing purpose only: Novelty Stand. The Permittee shall have the right and duty to manage, operate and control all of the above mentioned activities and to do all things necessary in the exercise of such management, operation and con- trol subject to the terms and conditions of this permit. Permittee shall operate the Novelty Stand in strict accordance with the regulations and policies of the Director of Parks and Recreation, and in accordance with the terms and conditions set forth in the permit. Permittee shall not use or permit the subject premises to be used in whole or in part during the term of this permit for any purpose other than as set forth without the prior consent of the City first had and obtained. Permittee expressly agrees at all times during the term of this permit, at its own cost and expense, to maintain and operate such premises and areas adjacent, in a clean, safe, wholesome and sanitary condition, free of trash, garbage or obstruction of any kind, and in compliance with any and all pre- sent and future laws, rules, regulation of any governmental au- thority now or at any time during the term of this permit in in force, relating to sanitation or public health, safety or welfare; and Permittee shall at all times faithfully obey and comply with all laws, rules and regulations of federal, state, county and City governmental bodies or departments or officers thereof, and this permit is expressly subject to the provisions and requirements of any existing and future agreements between the City and the United States or the State of California or the County of San Luis Obispo relative to the development, operation or maintenance of the building. Permittee shall remedy without delay any defective, dangerous or unsanitary condition. 7. Termination: This permit may be terminated by the City at any time and for any reason deemed sufficient by the City Council of said City, by giving ten (10) days written notice to Permittee of its intention to do so. 8. Title to Improvements: Permittee acknowledges that title to all real property is vest in the City. 9. Personal Property: Title to all personal property provided by the Permittee shall remain with the Permittee. 10. Construction or Modification of Improvements: Permittee may construct or modify with the approval of the Director of Parks and Recreation. In the event that the construction modification or addition to concession improvements are desired, the approval, in writing, of the City shall first be obtained prior to such construction, modi- fication, or addition. Additionally plans and specifications for such changes shall be submitted to the City for Approval. 11. Completion of Improvements: The Permittee at his own expense, shall completely equip the Novelty Stand improvements described herein and shall keep the same equipped in a first class manner and to the satisfaction of the Director of Parks and Recreation throughout the term of this permit. 12. Ownership of Improvements: Title to improvements on the prem- ises at the commencement of this permit is retained by the City and this permit is subject to any rights of ownership in the im- provements. All improvements constructed on the premises by Per- mittee as permitted by this permit shall be owned by the Permittee until expiration of the term or sooner termination of this permit. Permittee shall not, however , remove any improvements from the premises nor waste, destroy or modify any improvements on the premises, except as permitted by this permit. All improvements. on the premises at the expiration of the term or sooner termination of this permit shall without compensation to Permittee, become City property free, and clear of all claims to or against them by Permittee or any third person and Permittee shall defend and indemnify the City against all liability and loss aris- ing from such claims or from the City' s exercise of the rights conferred by this paragraph. 13. Maintenance and Use of Improvements: Permittee agrees to main- tain any and all facilities on the subject premises in good order and repair , at his own cost and expense, during the entire term of the permit. • • Permittee shall perform at his own cost and expenses, any required maintenance and repairs, and should Permittee fail, neglect or refuse to do so, the City shall have the right to perform such maintenance or repairs for the Permittee ' s account; and the Per- mittee agrees to promptly reimburse the City for the cost thereof, provided however , that the City shall first give Permittee ten . (10) days written notice of its intention to perform such mainten- ance or repairs for the permittee ' s account for the purpose of enabling permittee to proceed with such maintenance or repairs at his own expense. Permittee hereby expressly waives the right to make repairs at the expense of the City. The City also reserves the right to do any and all work of any nature necessary for the preservation, maintenance and operation of the building and areas within the confines of said building. Permittee shall be given notice when such work may become neces- sary and will adjust operations in such a manner that the City may proceed expeditiously. The Permittee shall not grant, with respect to said premises, easements, rights-of-way, license and permits. 14. Utilities and Services: Permittee shall be responsible for the payment of all applicable utility charges. 15. Equipment: Permittee, at its own expense, shall completely equip the meeting place described herein and shall keep the same equipped in a first class manner throughout the term of this per- mit. 16 . Signs and Approval of Name: No signs, names or placards shall be inscribed, painted or fixed upon said premises without written consent of the City Parks and Recreation Director. 17. Closure: At any time should an occurance necessitate the clos- ing of the building to the general public, the Permittee shall have no recourse by law to the City for losses incurred. 18. Hold Harmless Agreement: Permittee hereby agrees to defend, indemnify and save harmless the City, 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 be reason of Permittee ' s occupancy or use of the premises, or any activity carried on by Permittee in connection therewith. 19. Liability Insurance: Permittee agrees to obtain and keep in force during the term of this permit, at Permittee' s expense, worker 's compensation and public liability and property damage insurance in companies authorized to issue such insurance in the State of California. Said insurance policy shall consist of the following: • • a. Worker ' s Compensation and Employer ' s Liability Insurance: • Permittee shall maintain in full force and effect, for the period covered by this permit, full worker ' s compensation and employer ' s liability insurance with limits of at least statu- tory requirements with an insurance carrier satisfactory to the City. In the event Permittee is self-insured, he shall furnish a certificate of permission to self-insure signed by the Department of Industrial Relations Administration of Self Insurance, Sacramento. b. Liability Insurance : Permittee shall maintain in full force and effect, for the period covered by this permit, bod- ily injury, personal injury including death resulting there- from and property damage insurance with an insurance carrier satisfactory with the City. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence occuring in or about the premises which are subject to this permit, or resulting from Permit tee' s use of owned or nonowned automobiles. The amounts of insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination of both - $500 ,000 . The following endorsements must be attached to the policy: (1) If the insurance policy covers on an "accident" basis, it must be changed to read "occurrence" . (2) The policy must cover personal injury as well as bodily injury. (3) The policy must cover complete contractural liability. Exclusions of contractural liability as to bodily injur- ies, personal injuries and property damage must be elim- inated from the basic policy and endorsements. (4) BROAD FORM Property damage liability must be afforded. (5) The City of Atascadero and their officers, employees and agents, shall be named insured under the policy, and the policy shall stipulate that this insurance will operate as a primary insurance and that no other insurance ef- fected by the City or other named insured will be called upon to contribute to a loss covered thereunder . (c) The following requirements apply to all liability insurance to be provided by Permittee : (1) A certified copy of each policy and a certificate of insurance shall be furnished Parks and Recreation within twenty (20) days after execution of this permit. (A • i certificate alone is not acceptable) . Certificates and policies shall state that the City is not liable for the payment of any premiums or assessments on this property. (2) Certificates and policies shall state that the policy shall not be cancelled or reduced in coverage without thirty (30) days written notice to the City. Ten (10) days written notice is not acceptable, except in con- nection with worker ' s compensation insurance. (3) Insurance required shall be placed in a company or com- panies acceptable to City and shall have a policy holder ' s surplus of at least (10) times the amount of limit of liability afforded by the insurance company. (4) Approval of the insurance by the City shall not relieve or decrease the extent to which the Permittee or any sublessee may be held responsible for payment of damages resulting from its operation. (5) No policy is acceptable if it contains an exclusion re- lating to occurrences in any manner arising out of the use of alcoholic beverages. Providing, however, that said policy will be acceptable if it contains a specific endorsement providing coverage under the limits and pro- visions set forth hereinabove, for any occurrence aris- ing out of the use of alcoholic beverages. d. If permittee does not keep the insurance required by this full paragraph in full force and effect at all times during the term hereof, this permit shall immediately and automat- ically terminate, and all rights and privileges granted here- under to the Permittee shall be extinguished thereby. It is expressly understood that no notice by the City is required to effect the termination specified herein. 20. Taxes: Permittee agrees to pay all lawful taxes, assessments or charges which at any time may be levied by the State, County, City or any tax assessment or assessment governing body upon any inter- est in this permit or any possessory right which Permittee may have in or to the premises covered hereby or the improvements thereon by reason of its use or occupancy thereof or otherwise as well as all taxes, assessments and charges on goods, merchandise, pictures, appliances, equipment and property owned by it in or about said premises. 21. Inspection of Premises: Permittee agrees that the City acting through its authorized agents and employees, shall have the right to enter upon the premises at any reasonable time to inspect them. 22. Inspection and maintenance: The City reserves the right of in- gress and egress to inspect, investigate and survey said premises as deemed necessary by the City, and the right to do any and all work of any nature for the preservation, of maintenance and oper- ation of the park in any areas within the confines of said park. Permittee shall be given reasonable notice when such work may be- come necessary and will adjust his operation in such a manner that the City may proceed expeditiously. 23. Permit Notice: Any notices herein provided to be given or which may be given by either party to the other , shall be deemed to have been fully given when made in writing and deposited in the United States Mail, postage prepaid and addressed as follows: To the Permittee: San Luis Obispo County Zoological Society P.O. Box 8 Atascadero, CA 93423 To the City: City of Atascadero P.O. Box 747 Atascadero, CA 93423 The address to which the notices shall or may be mailed as afore- said by either party shall or may be changed by written notice given by such part to the other as therein before provided, but nothing herein contained shall preclude the giving of any such notice by personal service. 24. Interpretation of Permit: This permit is made under and is sub- ject to the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. 25. Waiver of Permit Terms: No waiver by the City at any time of the terms, conditions, or covenants of this permit shall be deemed as a waiver at any time thereafter of the same or of any other term, condition, or covenant herein contained, not of the strict and prompt performance thereof. No delay, failure or omission of the -City to re-enter the premises or to exercise any right, power , privilege or option can be construed as a waiver of such default or a relinquishment of any right or any acquiescence therein. No notice to Permittee shall be required to restore or revive time as of the essence after the waiver by the City of any default. No option, right, power, remedy or privilege of the City shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options and remedies given to the City by this permit shall be deemed cumulative. 26. Modification of Permit: Not withstanding any of the provisions of this permit, the parties may hereafter , by mutual consent, agree to modifications thereof or additions thereto in writing which are not forbidden by law. The City shall have the right to grant extensions of time to Permittee for any purpose for the per- formance 'of any obligation of Permittee hereunder . 27. Assignment and Subleases: Permittee shall neither assign, sub- lease or otherwise convey any interest of any sort granted by this permit to any person or persons, entity or entities whatsoever without prior written consent or approval by the City. Any docu- ment by which an interest is granted, subject to the approval of the City. Any document by which an interest is granted, subject to the approval of the City, shall indicate that the person ac- quiring that interest has been advised of all of the terms of this 9 • permit and takes his interest subject to those terms and condi- tions, and recognizes that upon termination of the interest of Permittee granted by this permit, his interest shall also be term- inated. However, in the event of termination of this permit, the City at its sole option, may elect to treat any assignes, sub- tenant, or holder of any interest conveyed by Permittee as the .City' s tenant, subject to the terms and conditions of this permit and that entered into between the assignees, subtenant or holder of an interest conveyed by Permittee. 28. Breach of Permit: This permit is made upon the condiion that, if the rents or other sums which Permittee herein agrees to pay or any part thereof shall be unpaid on the day of which the same shall come due, or if default be made in any of the terms, agree- ments, conditions or covenants herein contained on the part of the Permittee, or should Permittee become insolvent, or bankrupt, either voluntarily or involuntarily, then, and in such event at the option of the City, this permit shall cease and terminate; and the City may enter upon the premises. Permittee's interest here- under shall not be assignable in bankruptcy. 29. Waiver of Claims: Permittee hereby waives any claims against the City, its officers, agents, or employees for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of this permit, or any part thereof or by any judge- ment or award in any suit or proceeding declaring this permit null, void or voidable, or delaying the same or any part thereof from being carried out. 30. Actions: In the event of any action or suit upon this permit, the City shall be entitled to receive reasonable attorney' s fees and all costs, disbursements and expenses including administrative expenses. 31. Right of Entry as Agent: In any case in which provision is made herein for the termination of this permit by the City or in case of abandonment or vacating of the premises by Permittee, the City in lieu of declaring a forfeiture may enter upon the premises. To such end, Permittee hereby irrevocably appoints the City its agent to remove any and all persons or property on said premises and place any such property in storage for the account of and at the expense of Permittee. In such case, the City may re-let the prem- ises upon such terms as it may deem proper , and if a sufficient sum shall not be realized thereby, after paying expenses of such re-letting, to satisfy the rent and other sums herein agreed to be paid by Permittee, Permittee agrees to hold the City harmless from any loss or damage or claim arising out of the action of the City in pursuance of this paragraph. 32. Duration of Public Facilities: By entering into this permit, the City makes no stipulations to type, fixed location or duration of public facilities to be maintained at Atascadero Administra- tion. • i 33. Time of Essence: Time shall be of essence in the performance of . this permit. 34. Eminent Domain: If, during the term of this permit, any prop- erty described herein or hereafter added hereto is taken in emin- ent domain, the entire award shall be paid to the City. 35. Photography: The City may grant permits to persons or corpor- ations engaged in the production of still and motion picture and related activities, for the use of said premises for such purposes when such permission shall not interfere with the primary business of Permittee. 36. Hazardous Substances: No goods, merchandise or material shall kept, stored or sold in or on said premises which are in any way explosive or hazardous; and no offensive or dangerous trade, bus- iness or occupation shall be carried on therein or thereon, and nothing shall be done on said premises, other than is authorized by this permit, and no machinery or apparatus shall be used or operated on said premises which will in any way injure said prem- ises or structures; provided that nothing contained in this para- graph shall preclude Permittee from bringing, keeping or using on or about said premises such materials, supplies, equipment and machinery as are. 37. Nondiscrimination: Permittee and his employees shall not dis- criminate because of race, sex religion, color , material status, ancestry or national origin against any person by refusing to fur- nish such person accommodation, facility, or his employees pub- licize the accommodations, facilities, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, age, sex, religion, color , marital status, ancestry or national origin. In the performance of this permit, Permittee will not discriminate against any employee or applicant for employment because of race, sex, age, color , marital status, religion, ancestry or national origin. 38. Paragraph Titles: The paragraph titles in this permit are in- serted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or intent of this per- mit or in any way affect this permit. 39. Permit in Counterparts: This permit is executed in counter- parts, each of which shall be deemed an original. 40. Permit Documents: The complete Permit between the parties here- to shall consist of the identified documents: This permit titled "City of Atascadero Use Permit" , Exhibit A . 41. Remedies not Exclusive: The use by either party of any remedy specified herein for the enforcement of this permit is not exclu- sive and shall not deprive the party using such remedy of or limit the application of, any other remedy provided by law. 42. Independent Contractor: Permittee enters into this permit solely and exclusively as an independent contractor and only in that capacity and not as a partner , employee or other agent of the City. Further , Permittee acknowledges that this agreement issues and is effective only upon execution by the City Council. 43. Advertising: Permittee shall not advertise or permit any pub- licity designed to attract the general public to an activity con- ducted by Permittee within the confines of said park without the knowledge and permission of the Director of Parks and Recreation. 44. Hours of Operation: During the term of this lease, the Zoolog- ical Society shall operate the Tiki Hut, as a minimum, during the following hours: June 15 - September l: 10 :OOA.M. - 4 :OOP.M. daily September 2 - June 14: Saurday and Sunday - 10 : 00A.M. - 4 :OOP.M. , plus all major holiday periods on a daily basis (Easter week, Christmas, and 3-day holidays) . The Zoo cashier does not constitute Zoo Society coverage and operation of the Tiki Hut. IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day and year first above written. APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager PERMITTEE APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney BARBARA NORRIS, Mayor DATE: Permittee accepts the foregoing use permit subject to all of the terms and conditions contained herein. Permittee acknowledges that the permit will not become operative until compliance is made with para- graph 20. relating to insurance. • M E M O R A N D U M TO: City Council F August 25 , 1987 VIA: Mike Shelton, City Manager FROM: Bob Best , Parks and Recreation Director—A-- SUBJECT: Part-time Recreation Clerical Aid (20 hours per week) INTRODUCTION The Recreation Division of the Parks and Recreation Department has a contract employee position of thirty-five ( 35) hours per week for the purpose of recreation programs and activities . This position has been classified as Recreation Specialist . Currently , the Recreation Division is contracting this position for fifteen ( 15) hours per week, and believes that the remain- ing twenty ( 20) hours per week would be better used in providing clerical support and back-up for illness , vacation and holiday schedules. • RECOMMENDATION To authorize the Recreation Division to contract the twenty (20) hours per week for a Recreation Clerical Aid to assist in the day-to-day operation of the Recreation office . By managing the thirty-five ( 35) hours per week authorized in the Recreation Di- vision budget , staff feels that it can be more effective in the utilization of needed personnel and more efficient in conducting recreation business. FISCAL IMPACT During FY 1987-88 , a Recreation Specialist position was funded for thirty-five ( 35) hours per week. Fifteen ( 15) hours per week are currently being used to contract a Recreation Specialist po- sition. The remaining twenty (20) hours per week would be used to contract the Recreation Clerical Aid. There would be no ad- ditional cost to the City for authorizing this part-time, contract position for the Recreation Division . BB:GD: ph • • MFHING AG-PvDA D;�i i c✓1Z1 i�E1v� • MEMORANDUM TO: City Council THROUGH: Mike Shelton , City Manager FROM: Paul Sensibaugh , Director of Public Works SUBJECT : Authorization to Bid - 1987-88 Overlay Project DATE: August 18, 1987 Recommendation : It is recommended that Council accept the plans and specifications , and authorize staff to advertise for bids for the 1987-88 Overlav Project , Background: The project proposed to be let out to bid includes an • asphalt overlay of various city-maintained streets . (Approximately 10 miles) Discussion : The work proposed is part of our annual resurfacing program and has been previously approved during the budget process . Attached is a list of streets to be resurfaced, including the joint city-developer project on Llano . Fiscal Impact : Approximately $360 , 000 is budgeted in F .Y . 1987-88 for this project . • 1987-88 OVERLAY PROGRAM 1. Valle Avenue - Curbaril to end 2. Sinaloa Avenue - Pueblo to Curbaril 3. Pueblo Avenue - Sombrilla to E1 Camino Real 4. Santa Barbara Road - E1 Camino Real to Atascadero Ave 5. Alcantara - All 6. San Andres - Marchant to Santa Lucia 7. Santa Rosa - Highway 41 to Highway 101 8. Old Santa Rosa Road - All 9. Carmelita - Portola to San Andres 10. Atascadero Avenue - From Santa Rosa .4 miles 11. San Clemente - San Marcos to Portola 12. Bella Vista Road - San Marcos .5 miles 13. Los Gatos - San Marcos to Santa Lucia • 14. Flores Road - Santa Luica to Los Gatos 15. Cascabel - Santa Lucia to end 16. Santa Lucia - Llano to end - 2.4 Miles. M: AGZNDA 0 A-10 MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager FROM: Paul Sensibaugh, Director of Public Works/City Engineer his SUBJECT: UMTA Section 18 Capital Assistance Contracts DATE: August 18, 1987 Recommendation: It is recommended that Council approve the attached resolution authorizing the Director of Public Works to execute all documents required in obtaining UMTA Section 18 Capital Assistance contracts. Background: • UMTA Section 18 funds are available each fiscal year for the purchase of buses for the Dial-A-Ride transportation system. These funds are on a matching basis and the cost to the city is approximately $8,000 per bus. It is anticipated that two replacement buses will be purchased using Section 18 funds in the 1987-88 fiscal year. Fiscal Impact • Matching funds have been approved in the 1987/88 Budget . • • • RESOLUTION NO. 91 -87 RESOLUTION DESIGNATING AN AGENT FOR MATTERS PERTAINING TO UMTA SECTION 18 CAPITAL ASSISTANCE CONTRACTS The Council of the City of Atascadero resolves as follows: THAT the Director of Public Works is hereby authorized to execute for and in behalf of the City of Atascadero, a public entity established under the laws of the State of California, all documents required in obtaining UMTA Section 18 Capital Assistance Contracts. UPON MOTION Of Councilman ,seconded by Council- man , and carried, the Council hereby authorizes the above named to sign UMTA Section 18 Capital Assistance Contracts. AYES: NOES: ABSENT: ADOPTED: • ATTEST: CITY OF ATASCADERO BOYD C. SHARITZ, City Clerk BARBARA NORRIS, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works • D 0" 4�.r• �� 8 i Lel U •V I M E M O R A N D U M TO: City Council August 25, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director , SUBJECT: General Plan Amendment 2G-87 APPLICANT: City of Atascadero REQUEST: To revise the Community Appearance and Standards Element by eliminating reference to a formal architectural review process and by deleting Appendix D "Draft Ordinance - De- sign Review Commission" BACKGROUND: At their August 4 , 1987 meeting, the Planning Commission conducted a public hearing on the above-referenced subject unanimously recommend- ing approval of the amendment as outlined in the attached staff re- port. The Amendment brings the General Plan into harmony with the City' s Appearance Review process. There was no public testimony given and only brief discussion by the Commission on the matter. RECOMMENDATION: 'Approval of General Plan Amendment 2G-87 per the Planning Commission' s recommendation and approval of Resolution No. 88-87. HE:ps Enclosures: Staff Report - August 4, 1987 Resolution No. 88-87 City of Atascadero Item: B-3 STAFF REPORT FOR: Planning Commission Meeting Date: Aug. 4, 1987 BY: ��Nteven L. Decamp, Senior Planner File No. 2G-87 Project Address: City Wide SUBJECT: City initiated amendment to the General Plan to revise the Community Appearance and Standards Element by eliminating reference to a formal architectural review process and by deleting Appendix D "Draft Ordinance - Design Review Commission" . A. ANALYSIS: When the current General Plan was adopted in 1980, it was envisioned that a Design Review Committee or Commission would be established with the power to review and approve development projects. As a result, specific goals and responsibilities for this Design Reviw Committee were included in the Community Appearance and Standards Element as well as Appendix D of the Plan. The Community Appearance and Standards Element and Appendix D are attached to this report as Exhibits A and B for your information. After considerable review and discussion of the General Plan and various other alternatives for architectural or design review, a committee appointed by the City Council recommended adoption and implementation of an Appearance Review Manual. This manual was the subject ofublic hearings b P g y both the Planning Commission and the City Council prior to its adoption by Resolution #35-87 on April 14, 1987. The guidelines for appearance review contained in the manual are now being utilized by staff during the project review process. The procedures that were adopted by the City Council vary somewhat from those originally envisioned by the General Plan. Primary among these changes is the elimination of the Design Review Commission, and assignment of the review responsibility to the Planning Division staff. Also modified were the techniques used and the types of projects subjected to the appearance review process. Because of these and other minor changes, the Community Appearance and Standards Element should be amended to reflect the Council ' s intent • in adopting Resolution #35-87. In addition, Appendix D should be deleted because it is no longer relevant. RECOMMENDATION: Staff recommends that the Community Appearance and Standards Element of the General Plan be amended as shown in the attached Resolution. Staff further recommends that Appendix D of the General Plan be deleted in its entirety. Attachments: Exhibit A - Community Appearance and Standards Exhibit B - Appendix D: Design Review Commission Exhibit C - Draft Resolution 2 - . EXHIBIT A GP 2G-87 %III. COMMUNITY APPEARANCE AND STANDARDS Philosophy Edward Gardner Lewis repeatedly spoke and wrote of his dream that Atascadero would become "the most beautiful and desirable rural community in the world" and "the most desirable place to live in the nation. " He envisioned a Civic Center of majestic buildings, surrounded by well laid out and attractive homes and orchards, and an Industrial City separated from the residential and civic areas by parklike boulevards. To this end, he platted the entire Colony and imposed restrictions which would assure not only that the City would be beautifully built, but also that it would remain that way, with no unsightly shacks, neglected yards or orchards, unkempt homes, billboards, etc. "It is no place, " he said, "for a man who wants to keep his pig in the parlour or dump his refuse in his front yard. " Mr . Lewis laid out roads that radiated from the Civic Center hub and others that crossed them in concentric circles out to the farthest reaches of the Colony. They were winding, avoiding trees rather than replacing them, so the whole area had a natural and rural character. Houses blended with the hills . The hills and the agricultural land provided open space. These are among the qualities which attracted residents to Atascadero in 1914 and which still attract them in ever-increasing numbers . This was emphasized in the Policy Statement adopted at public hearings in 1973. The residents have chosen Atascadero as a home because of its unique character, and it is, there- fore, fair to assume that they are willing to do whatever is necessary to preserve that character. Goals The following goals and principles shall govern the develop- ment of Atascadero, as outlined. in the Policy Statement of 1973: 1 . The contours of the hills shall be preserved . Resi- dences built on hillsides shall conform to the topography, using the slope of the land as the basis for the design of the structure . Any land use or activity which would result in major alteration of the land shall require a grading permit . Theermit should require restoration of the land p( e . g . , replanting of vegetation) . 157 0 • 2. Permits for both residential and commercial development shall take into consideration the trees existing on the property. Buildings shall be designed to utilize existing trees in the landscaping pattern. Any trees removed shall be replaced. 3• The architectural style of residential and commercial buildings shall harmonize with the environment . if' fencing is used, it shall be consistent in style with the building. 4. Multi—use trails shall be encouraged to provide facilities for walking and riding throughout the community. 5• The winding street pattern shall be retained. 6. All overhead utility wires shall be replaced with underground service. 7• Freeway and other vehicular approaches to Atascadero shall be made more attractive through judicious application of the elements of landscaping and site development (i .e. , setbacks , building location, signs, and vacant space) . An abatement program to encourage • removal of deteriorating out—buildings and cleanup of premises and vacant lots shall be instituted. Mainte— nance and beautification of existing facilities shall be encouraged. 8. Weed abatement and cleanup campaigns shall be insti— tuted, applying equally to private dwellings , business establishments, vacant lots, and stream courses. 9• The threat to the community ' s environment and well being that is presented in all forms of pollution must be recognized . A strong program shall be instituted for the immediate elimination of such abuses and prevention of future pollution. Acceptable environ— mental standards shall be developed and set for discharges into the air, water, or soil. 10. A program to achieve maximum recycling of resources, goods, and waste products generated by the community shall be instituted . 11 . Atascadero ' s historic buildings and features shall be preserved and protected in recognition of the role the community' s past plays in its present and future. 12 . A program of tree planting to enhance the beauty of • the Central Business District and all major routes and _ 158 �. 9 0 approaches to the community shall be undertaken. Tree lists and locations are given in the APPENDIX. Central Business District In general, people shop where access is easy, where parking is adequate , and where the environment is pleasant and attractive . In order to improve the Central Business District and make it more attractive, the following steps shall be taken: 1 . Street Trees : An appropriate program of planting trees in sidewalk niches along the streets , where needed to complement the existing trees , shall be implemented. (See APPENDIX C. ) 2 . Center Dividers: a. A center divider strip shall be installed on E1 Camino Real , through the Central Business District, and shall be appropriately planted and maintained. b. A landscaped triangular divider on Rosario Avenue, at its intersection with E1 Camino Real and separating its east and westbound lanes , shall be. constructed, planted and maintained . 3• Street Furniture: a. The use of other plantings , where space is available , shall be encouraged . This can be accomplished by formation of an improvement district. b. Additional trash receptacles , functional and attractive , shall be installed in the downtown area, at least one per block, and in the Sunken Gardens. Emptying of trash receptacles shall be a requirement of the garbage collection franchise. 4. Signing: Well designed and maintained signs, properly related to the activities to which the pertain,y p are a necessary Y Part of the community. Proper use of color, materials, and lighting, compatible with the surround- ing area in is important. P a. Signing shall be in harmony with community standards , as applied to each development . 159 0 b . Standards for maximum allowable height, length, width, and area shall be adopted, related in each instance to bulding size, site development, etc. C. Signing shall not project into the street or sidewalk nor above the building. d. Lighting of signing shall be constant and be directed or shielded so as not to interfere with pedestrian or vehicular movement. e. Provisions of the signing ordinance shall be vigorously enforced. f. Off-site commercial signing shall not be permit- ted. 5 • Litter Control: A strong program of street maintenance and trash removal shall be instituted in the downtown area. 6. Street Lighting: Two types of street lighting systems are needed: a. Lighting for vehicular traffic shall be bright, on tall ( 15-18 foot ) standards , shall overhang the motorway, and be directed downward over it. b. Lighting for pedestrian traffic shall be of lower intensity, on lower standards (8-10 foot) , shall C be spaced at closer intervals and directed downward to the pedestrian walkway. Tree-Lined Arterials and Streets Most of Atascadero ' s winding streets have ample trees and shrubs. Some of the major approaches to the community and some of the streets with heavier use, close to the Central Business District , would be made more attractive by the planting of trees . A program of tree planting in these areas shall be initiated, with first priority being given to landscaping the Central Business District . Other plantings shall be done in the following priorities. 1 . E1 Camino Real from Morro Road to Curbaril. 2 . Atascadero Mall from Highway 101 to Atascadero Avenue. 3• ' Ardilla Way from Atascadero Mall to Santa Lucia Road . 4. Traffic Way from Olmeda Avenue to Via Avenue. 5 • Morro Road from Highway 101 to San Gabriel Road . 6 . Frontage Road from Portola Road to Santa Rosa Road . 160 Industrial Parks A zoning designation for industrial parks shall be estab- lished and the following standards applied: 1 . All industrial processes shall be conducted solely within a building. 2 . Minimum land-to-building ratios shall be established. 3. Minimum building setbacks from roads shall be estab- lished. 4• Minimum side and rear yard setbacks shall be estab- lished. 5• All setbacks shall be landscaped with trees, shrubbery, lawns , or other ground cover and maintained. 6 . Building exteriors shall exhibit continuity of accept- able materials and design. 7. Joint agreements among adjacent operations shall be encouraged to develop common parking areas. 8. Outside storage areas shall be appropriately screened with shrubbery. 9• Loading docks shall , where possible, be on sides or rear of building. 10. Outside lighting shall be directed downward or shielded to eliminate glare on other properties. 11 . Signing shall conform with standards set forth on pages 165 and 166 . 12. All utilities shall be installed underground. 13• All building, signing, and landscaping designs shall be subject to review. 14. Minimum off-street parking requirements shall be established for each type and size of operation. 15 • Industries which adversely affect the environment by air, noise, physical or chemical pollution shall be prohibited . � 161 Design Review The jurisdiction J of the Design Review Committee ( see APPENDIX D) shall include, but not be limited to, applica- tions for permits for: 1 . Residential tracts. 2 . Industrial parks. 3 . Excavation and grading. 4. Buildings on potentially unstable soil (see Chapter XI , SAFETY) . 5• Commercial signing. 6. Street landscaping. 7. Design and landscaping of all public buildings. 8. Removal of trees from private and public properties. 162 �_... EXHIBIT B GP 2G-87 i APPENDIX D DRAFT ORDINANCES Design Review Commission The Design Review Commission shall approve plans for structures and other physical improvements if it finds that these projects meet the criteria below. It is not intended to control architectural character so rigidly that individ- ual initiative is stifled in the design of any particular building, or substantial additional expense is required; rather, it is the intent of this Section that any control exercised be that necessary to achieve the overall objec- tives of the Plan. Good architectural design includes the suitability of a building. for its purposes, the appropriate use of sound materials and the principles of harmony and proportion in the elements of the building. The relation- ship of a building to its surroundings is of equal impor- tance to the quality of design of the individual structure. In setting forth the criteria below, it is not intended that any single style of architecture predominate or be unaccept- able . The Design Review Commission shall designate by resolution a number of structures and sites in the community as "Design Reference Buildings, " which will accomplish the objectives set forth in the General Plan and which exemplify the criteria outlined. Criteria for Considering Plans Building Design Functional Relationships . The project shall be suitable for its purpose and functions , with all activities in proper relationship to each other. Effect on Community. The project shall contribute to the character and image of the community as a place of beauty and spaciousness . Stock building plans , particularly those used by chain or franchise stores, may not be acceptable to the Design Review Commission. Because they represent a national image does not necessarily mean that they are acceptable to Atasca- dero . The merit of a design shall be judged on its suitability for a particular site. The design may not be acceptable just because it is the only design the ,,` applicant has or uses. 187 Effect on Neighboring Properties. The project shall not pair, direct y or in a cumulative manner , the orderly and attractive development, use or enjoyment of other prop-erties in its vicinity, including public lands and rights of way. The project shall be oriented to minimize the impact on adjoining and neighboring lots and streets from the aspect of privacy, visual obstruction, noise and traffic congestion. Environmental Harmony . The project shall not be unsightly , present a congested appearance or create substantial disharmony with its locale and surround- ings. The exterior design, appearance and quality of materials shall not cause the local environment to materially depreciate in appearance and/or value. Environmental Protection. The plan for the proposed project shal-1--lindicat-e—TFe manner in which the proposed development and surrounding properties are protected against noise, vibrations and other factors which may have an adverse effect on the environment. The manner in which mechanical equipment , trash, storage and loading areas are screened from any public ways shall also be indicated. Design Variation . Monotony of design in single or muitiple building projects shall be avoided . Variation of detail, form, and siting shall be used to provide visual interest. Proportion. The structures shall be in good propor- tion, ave simplicity in mass and detail and should not appear congested. Structural Harmony . Structures and other elements shall be designed in harmony with each other. When a new structure is proposed for erection in front of, on the same site with, or as an addition to an existing building, either the existing structure shall be remodeled to be in harmony with the design of the proposed structure or addition or the proposed construction shall extend or harmonize with the prevailing style of the existing physical improvements . Building Design. Structures at the street level shall be sensitive to the pedestrian. Attention to design criteria and detail in consideration of pedestrians shall be utilized. Colors and Textures. Exterior treatment shall not be harsh or garish, and broad plain surfaces shall be avoided through the use of thoughtful detailing . 188 _ Colors and textures shall be in harmony with each other, existing developments in area and the environ- ment. Materials and Finishes. Exterior materials shall be selected for their durability and wear as well as for beauty. Proper measures and devices shall be incorpo- rated for protection against the elements, neglect, damage and abuse. Mechanical Equipment . Equipment shall be designed in o e buildings ; roof-mounted equipment and vents should be completely screened from view by walls or materials which are a part of the building design. Appurtenant structures added for screening will not be acceptable. Historic Structures. It is the intent of the Design Review Commission to provide for the protection, enhancement and perpetuation of buildings possessing historic value by virtue of historic association, special architectural character or antiquity. Site Planning Natural Topography. Where natural or existing topo- graphic patterns contribute to beauty and utility of a development, they shall be preserved. Modification to topography will be permitted where it contributes to good appearance. Attention shall be given to retaining natural grades and ground cover , and excessive cuts and fills shall be avoided. Site Transition. The site shall be planned to accom- plish a desirable transition with the streetscape and to provide for adequate planting, pedestrian movement and parking. Parking Areas . Parking areas shall be treated with decorative elements, planting, berm or other innovative means to screen parking areas from public ways and to break up large areas of paving. Parking areas shall be screened from street view by a decorative fence or wall not less than 3 feet in height. Said screening shall be set back a distance equal to the street yard setback, and the space between such screening and the abutting street shall be landscaped. Li htin . Exterior lighting, when used, shall enhance e building design and adjoining landscape. Lighting standards and fixtures shall be of a design that is 189 0 0 compatible with the building and adjacent areas . Lighting shall not create glare on adjoining or nearby property. Garbage and Refuse Collection Areas. Areas provided for trash shall be screened rom view both from within and without the property and located to be convenient both to the users thereof and to those who remove the contents therefrom. They shall be of sufficient size to accommodate within their confines the garbage and refuse generated within the area they are designed to serve. Areas for trash collection must be located away from public streets and store entrances and shall be completely enclosed with building materials which are compatible with those used in the exterior of the building. Temporary Visual Pollution Resulting from Construction. Visual pollution shal be minimized—through re ention of natural vegetation, rock formations and topography until the applicant is prepared to carry the construc- tion to completion as one continuous process. The construction proposed shall be of a duration consistent with the size and complexity of the development . Material waste and trash accumulation due to construc- tion shall be screened from view from public ways and shall be contained to prevent littering neighboring properties. Sensitive Site . A potential project site may be considered sensitive" when: - It involves natural formations such as hillsides, lakesides, flood plains or waterways. - There is visual impact upon structures which are of historic value or association, special archi- tectural character and/or antiquity. - The cumulative impact of successive projects of the same type in the same area over a period of time is significant. - It is visible from public buildings , major streets and similar places where the public gathers. Vegetation and Landscapin . Natural vegetation and rock format-ions shall be retained where they constitute visual enhancement of the site or the proposed use. Generous planting shall be selected with consideration of size , height , color, seasonal characteristics and _ 190 ultimate growth . Landscaping shall be designed to integrate with and enhance the site . Landscaping shall be provided to soften the effect of the building and surrounding asphalt or concrete areas. Perimeter landscaping shall be provided on all interior property lines where possible . The use of trees in such landscaped areas may be required in order to provide screening for the subject property or for adjacent properties . Dispersed interior planting areas shall be provided with provisions for trees . Street trees shall be planted in accordance with the Street Tree Standards for Atascadero. All landscaped areas shall be provided with some form of permanent irrigation system, including sprinklers , bubblers , hose bibbs , etc. Landscaped areas shall be established on all developed sites to promote visual aesthetic appeal and to maintain environmental balance. Landscaped areas shall ordinarily comprise a minimum of 15 percent of the net site area and shall include, but not be limited to, the following minimum require- ments: Planting on street frontages shall be in scale with the total development proposal ; such planting shall have a minimum width of 10 feet. A five foot wide strip shall be provided on all interior property lines where reasonable. Innovative site planning is encouraged. Landscaping shall consist of trees, shrubs and ground cover . Ground cover alone shall not constitute adequate landscaping. Trees shall be planted in all landscaped strips in accordance with good horticultural practice. Planting beds shall be enclosed with protective wood, masonry or concrete curbing where necessary. Every effort shall be made to incorporate existing • on-site healthy plant material into proposed landscape plans. Landscaped areas shall have irrigation facilities adequate to maintain plant materials at all times . Use of automatic watering systems is encouraged to facilitate maintenance. Hose bibbs shall be located t 191 within serviceable proximity to every planter where • automatic watering systems are not in use. Landscaping of parking areas shall ordinarily include the following: Ends of parking rows capped with a landscape bed to define rows. Planting areas along parking rows spaced 35 to 45 feet apart. Tree planting in parking areas so spaced that at maturity adequate visual relief and shading are provided. Street trees shall be planted as part of the approved landscape plan at all locations where they do not already exist . They shall conform to the adopted street tree list as set forth in the General Plan., APPENDIX C. Planting areas shall be drawn to scale and plants within clearly located and labeled . A plant list shall be prepared giving the following infomration: Botanical name Common name Sizes to be planted (gallon size) Quantity of each Landscaping of the unused portion of the right of way in residential areas should be encouraged. Necessary technical and other assistance would be furnished by the City. Maintenance - Planning and Design Factors Continued good appearance depends upon the extent and quality of maintenance. The choice of materials and their use, together with the types of finishing and other protec- tive measures , should be conducive to easy maintenance. Materials and finishes shall be selected for their durabilty and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect, damage and abuse. Provision for washing and cleaning of new buildings and structures and control of dirt and refuse shall be included 192 • in the design. Configurations that tend to catch and accumulate debris, leaves , trash, dirt and rubbish shall be avoided. Premises shall be maintained in a neat and orderly manner. Signs Signs shall be an integral part of the building design, using compatible materials when possible. Wall signs shall be part of the architectural concept. Size, color, letter— ing, location and arrangement shall be harmonious with the building design and shall be compatible with approved signs on adjoining buildings. Ground signs shall be signed to be compatible with the architecture of the building. The same criteria applicable to wall signs shall apply to ground signs. Free standing signs also shall relate to the design of the main structure and be located so as not to detract from the aesthetic appeal of the development. The height shall not exceed 14 feet above finished grade. Materials used in signs shall have good architectural character and be harmonious with building design and surrounding landscape. Every sign shall have good scale in its design and in its- visual relationship to buildings and surroundings . Colors shall be used harmoniously and with restraint . Lighting shall be harmonious with the design. If external spot or flood lighting is used , it shall be so arranged that the light source is shielded from view. No flashing or flickering lights shall be used. Signing in shopping centers shall be consistent in location and design throughout the center. Signing for pedestrians shall be provided on structures and in locations where appropriate . All signs shall 1 conform to the standards set forth in Chapter XIII , COMMUNITY APPEARANCE. The applicant should familiarize himself with all restrictions set forth therein pertaining to the zone in which the subject development is located. Adapted from "Architectural Review Commission, " City of San Luis Obispo, 1973 . Used by permission. i 193 RESOLUTION NO. 88-87 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING GENERAL PLAN AMENDMENT TO AMEND THE TEXT OF THE COMMUNITY APPEARANCE AND STANDARDS ELEMENT OF THE CITY' S GENERAL PLAN DELETING REFERENCE TO A DESIGN REVIEW COMMISSION (GP 2G-87 : CITY OF ATASCADERO) WHEREAS, the City of Atascadero has grown considerably since in- corporation; and WHEREAS, the City' s General Plan, which was prepared in the 1970 ' s and adopted in 1980 to guide the City' s general growth is in need of updating; and WHEREAS, the City' s Planning Commission has initiated a general plan amendment relative to Community Appearance and Standards to update that component of the general plan; and WHEREAS, the Planning Commission of the City of Atascadero conduc- ted a public hearing on the subject matter on August 4 , 1987 ; and WHEREAS, Government Code Section 65356 provides that a general plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1. The proposed general plan amendment recommended by the Plan- ning Commission is consistent with the goals and policies of the general plan by providing standards and direction for appearance review. 2. The proposed general plan amendment will not have a signifi- cant adverse effect on the environment. The Negative Decla- ration prepared for the project is adequate. NOW, THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GP 2G-87 as follows: 1. Amendments to the text as shown on attached Exhibit "A" . 2. Deletion of Appendix D: "Draft Ordinance - Design Review Commission. " Resolution No 4 88- On motion by and seconded by the resolution was approved by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY . G. JORGENSEN, City Attorney PREPARED BY: HENRYENOAN, Comm ty Development Director 2 i • ATTACHMENT A RESOLUTION #88-87 GP 2G-87 Design Appearance Review The e4 t-]+e Desig Review Geftimittee, {see APPEND!# 13,; shal inedbut eek -15-e ate -te� ^rrleati ns f-" tee- -i s €er- � pp- r �. Resident i a + . • &n p_ te_Li_.1 1 1 r {gee � 411 r -� SAFET } • - ' signing. 4. Design and landseapi4a-g -94 a44 pub!! bujjdjnq&. r- ubile r--r- Etl The Community Development Department shall utilize the Appearance Review Manual in the review of the following types of projects: 1. Those projects requirin a preciselP an, conditional use permit, or variance. 2. All projects in commercial, industrial, multi-family zoning districts, and sometimes in residential districts. 3. Any project, except single family residences that occurs within a hillside development area or is visually sensitive from public view, as determined by the Community Development Director. DELETE DASHED B$ TEXT. ADD UNDERLINED TEXT. 162 . • MEETING(�( AG_NDA DATE UI ,ITEM 9—Z • M E M O R A N D U M TO: City Council �� \ August 25, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development DirectorqIA+. SUBJECT: General Plan Amendment 2H-87 APPLICANT: City of Atascadero REQUEST: To revise the existing Circulation Element by eliminating Table VIII-2 "RECAPITULATION OF PROPOSED CAPITAL IM- PROVEMENTS WITHIN THE COLONY UNDER VARIOUS FISCAL JURIS- DICTIONS. " BACKGROUND: On August 4, 1987 , the Planning Commission conducted a public hearing • on the above-referenced subject unanimously recommending approval of the amendment request as outlined in the attached staff recommenda- tion. The Amendment does not delete any provisions of the General Plan but removes non-circulation projects from that element of the General Plan. There was no public testimony given and only brief discussion by the Commission. RECOMMENDATION: Approval of General Plan Amendment 2H-87 per the Planning Commission' s recommendation and approval of Resolution No. 87-87. HE:ps Enclosure: Staff Report - August 4 , 1987 Resolution No. 87-87 City of Atascadero Item:-B-6 • STAFF REPORT FOR: Planning Commission Meeting Date: 8/4/87 BY: Joel Moses, Associate Planner File No: GP 2H-87 Project Address: City-Wide SUBJECT: General Plan amendment initiated by City of Atascadero to revise the existing General Plan Circulation Element Text by eliminating Table VIII-2 - "RECAPITULATION OF PROPOSED CAPITAL IMPROVEMENTS WITHIN THE COLONY UNDER VARIOUS FISCAL JURISDICTIONS" . ANALYSIS: When the proposed General Plan amendment was preliminarily reviewed, the scope was altered to include the revision of specific General Plan street designations. In reviewing the possible revisions, staff has some specific conerns with revisions at this time. In examining the data that was needed to evaluate the possible revisions, and in light of the ongoing General Plan update, staff feels that this portion of the amendment should be delayed until the overall circulation plan can be coordinated with changes in the Land Use Element revisions. When the City adopted the current General Plan Circulation Element, it included Table VIII-2, RECAPITULATION OF PROPOSED CAPITAL IMPROVEMENTS WITHIN THE COLONY UNDER VARIOUS FISCAL JURISDICTIONS (Page 129) . The table contains a listing of capital improvement projects thoughout the Colony. Of these items listed, a majority are done or are being done at the present time. 1. Primary arterial (2.1 miles) parallel to El Camino Real, with a heavy duty bridge over Atascadero Creek. Staff is currently working on specific development plans for the bridge, and Santa Ysabel is currently being widened and reconstructed. 2. A bridge over Graves Creek to connect San Gabriel Road with Graves Creek Road. The bridge was constructed over two years ago. 3. Multi-purpose bikeways: Is a broad category - being addressed in several ongoing projects by staff. 4. A new fire house: The new fire house on West Frontage Road is now complete. . 5. New Schools: The San Gabriel Road School is being constructed and the City is reviewing additional possible locations within the City as part of the Public and Quasi-Public Services Element. General Plan Amendment 2H-87 6. Acquisition of Stadium Park : Current budget constraints prohi- bit acquisition. 7. Development of Chalk Mountain Regional Park: The park is cur- rently developed. 8. Development of SEDES Creekways Plan: Implementation is ongoing. 9. New Post Office: The new post office plans are being finalized for a site along south E1 Camino Real. 10. Landscaping of Freeway 101 to San Luis Obispo standards: Plans for upgrading are underway and some work is being done. 11. Freeway 101 overcrossing at the Mall: State budget constraint. 12. Re-acquisition of that art of the Sunken Gardens now occupied by the Junior High School campus: Current budget constraints pro- hibit acquisition. 13. Acquisition of Graves Creek Reservation: Some have been acquired; others will be. 14. Acquisition of Wranglerette Arena: Current budget constraints prohibit acquisition. • 15. Acquisition of Chandler Parkland: Ongoing. The City is now in the process of adopting a five year Capital Im- provement Program in conformance with State Law (Section 65403) . Table VIII-2 reflects a specific work program that is better addressed in the C. I.P. Its yearly review for conformance to the General Plan will assure the conformity of individual projects at that time. Table VIII-2 would be an unneeded duplication of that review and process for adoption. Several of the projects are also beyond the means of the agencies involved. RECOMMENDATION: Staff recommends approval of General Plan amendment 2H-86 with the elimination of Table VIII-2, and delay a review of specific General Plan street designations until a later date. JM:ps ATTACHMENTS: Exhibit A - General Plan Excerpt - Circulation Element Exhibit B - Draft Resolution 2 . • EXHIBIT A CIRCULATION EL GENERAL PLAN AMENDMENT GP: 2H-87 ELIMINATION OF TABLE VIII CIRCULATION VIII-2 C - This Plan discusses the requirements of all the current methods of transportation in Atascadero. Existing methods are presumed to be practical within the terms of this Plan, and circulation improvements are scaled to the growth of all types of transportation uses that are assessed. Policies related to transportation planning must relate to feasibility and the estimated cost of improvements to such intangible variables as the costs to motorists, convenience between origins and destinations, and accidents and deaths . The original Atascadero Colony road system was designed for the automobile as the primary mode of transportation. The system was laid out in the form of a wheel, the hub being the Administration Park and the Central Business District, and the spokes being principal arteries. The outer rim of the wheel and several inner concentric roads were also principal arterials, designed to carry traffic from point to point without entering the downtown area. The original streets were laid out with a 40-foot right-of- way. There are three major factors which have contributed to the present inadequacy of parts of the circulation system. The first of these is the failure to develop and maintain • all roads to their full rights-of-way. Shoulders either have not been developed or have become overgrown with weeds and eroded by weather. Residents have built fences or planted trees and shrubs within the rights-of-way. In some instances utility poles have been located too close to the pavement. These occurrences have resulted in some roads being narrower than planned, with few or no facilities for pedestrians , bicyclists and equestrian traffic. A second factor is the failure of the Central Business District to develop in the areas envisioned in Lewis ' plan. Due to lack of planning in the past, the commercial area has grown along the E1 Camino Real corridors. This strip commercial development has created traffic and parking problems. The third factor was the bisection of the town in 1954 by Freeway 101. The introduction of the freeway interrupted east-west traffic flow, and too few grade-separation crossings were added to compensate for the traffic interruption. The 200-mile Colony road system has six components : Freeway and Highways, Arterials Divided, Arterials Undivided, Collectors, Local Streets and Paper Streets. Road Classi- fications are indicated on LAND USE AND CIRCULATION MAP. 121. Road System 1. Freeways and Highways The major highways are Freeway 101 (7 . 0 miles) and Highway 41. Freewav 101 bisects the Colonv from San Ramon Road to south of Santa Barbara Road. There are eight freeway exits, four of which are poorly designed and contribute to traffic congestion (Traffic Way southbound on-ramp, Morro Road northbound off-ramp and Santa Rosa Road both north and southbound off ramps) . The appearance of the community along U. S. 101 from Santa Barbara Road to San Ramon Road and along the Morro Road section of Highway 41 needs to be improved. This can be accomplished by: a. Effective landscaping, using native shrubs , to screen land uses from the highway. b. Banning off-premises outdoor advertising signs along these corridors. The completion of Freeway 101 eliminated a vital traffic route which served the Central Business District • when access to Atascadero Avenue was interrupted by the Freeway. CalTrans should initiate a project to raise the Freeway at the present Mall pedestrian tunnel to Permit vehicular traffic on Atascadero Mall from El Camino Real to Atascadero Avenue. Highway 41 bisects the community at right angles to Freeway 101. The Eastern half runs through part of the CBD, directly between two schools and through a densely populated residential area. Proposed plans to realign and improve Highway 41 along the Mercedes route would: a. Eliminate the truck traffic hazard on West Mall in the area of the Atascadero Junior High and Lewis Avenue Elementary School campuses. b. Eliminate truck traffic at the very narrow bridge and dogleg over Atascadero Creek. C. Prevent trucks reaching the Southern Pacific under- pass on Capistrano Avenue with its impaired vertical clearance of 13 '-6 . " Design of Highway 41 along the Mercedes alignment should attempt to minimize the visual impacts on Pine Mountain and should, with regard to the roadway e width and residential driveway access , be similar to 122 . that of surrounding City streets to minimize any appearance of bisecting the community. When rerouting of Highway 41 does take place, adequate pedestrian and bicycle pathways shall be provided. 2. Divided Arterials The two arterials are El Camino Real and Morro Road. They serve as major highways linking Atascadero with other communities, and they channel traffic to different parts of town. Divided arterials shall be developed in two lengths: on E1 Camino Real from Rosario to San Diego Road and on Morro Road from El Camino Real to San Gabriel Road. The divided arterials shall also have a paving width that will accommodate four traffic lanes, parallel parking strips, bicycle lanes and curbs and sidewalks. 3. Undivided Arterials These roads serve as major access routes betwen resi- dential areas, shopping centers, employment centers and primary recreation areas. Roads in this classification must have shoulders wide enough to accommodate multi- use paths and emergency parking. There are fourteen segments of undivided arterials : a. Atascadero Avenue from Morro Road to Freeway 101 provides major access to Santa Rosa Road Elementary School. It is noted for heavy traffic and lack of shoulders. b. Traffic Way from El Camino Real to Potrero Road and a future extension of Traffic Way beyond Potrero Road to E1 Camino Real as a truck route. The portion of Traffic Way between El Camino Real and Olmeda Avenue is also designated to have 40 feet of paving to allow for two 8-foot parking strips on both sides of the arterial. c. Curbaril Avenue from Morro Road to the Salinas River crossing is a major local traffic route and is also characterized by lack of adequate shoulders for non- automobile traffic. S 123. d. Portola Road from Morro Road to Ardilla Road to San Anselmo Road to Preewav 101. 1 e. Santa Lucia Road from Portola Road to Freeway 101. f. Monterey Road from Del Rio Road to San Anselmo Road. g. San Anselmo Road from El Camino Real to Del Rio Road. h. Del Rio Road from Monterey Road to San Anselmo Road. i. Santa Rosa Road from Morro Road to El Camino Real. j . E1 Camino Real from Santa Barbara Road to the south Colony boundary. k. Potrero Road from Del Rio Road to Traffic Way. 1. E1 Camino Real north of Rosario. M. El Camino Real south of San Diego Road. n. Morro Road west of San Gabriel Road. To complete the northwestern segment of the outer perimeter road, San Gabriel Road shall be connected to Santa Ana and Graves Creek Roads by a bridge over Graves Creek at Santa Lucia Road. 4. Collectors These are further classified as urban, suburban and rural collectors. - These roads are designed primarily to carry traffic from local streets within a neighborhood district to the arterials . Shoulders must be appropriately designed to include multi-use paths. a. urban Collectors i. San Jacinto Avenue from Olmeda to Traffic Way ii. Bajada Avenue from Rosario Avenue to Traffic Way iii. Rosario Avenue from El Camino Real to Traffic Way iv. San Marcos Road from Curbaril Avenue to San An- dres Avenue V. San Andres Avenue from Santa Lucia Road to Morro Road vi. Santa Ysabel Avenuefrom Curbaril to Atascadero Creek, across the proposed bridge crossing, and along Lewis Avenue from Atascadero Creek to Traffic Way. b. Suburban Collectors • i. San Gabriel Road from Morro Rd to Atascadero Ave ii. Marchant Avenue from Portola Road to Morro Road 124 . iii. San Benito Road from El Camino Real to Del Rio Road . iv. E1 Bordo Avenue from El Camino Real to Chalk Mountain Regional Park C. Rural Collectors i. Santa Lucia Road from Portola Road to the end. ii. Viejo Camino from E1 Camino Real to Santa Barbara Road iiia A loop consisting of Santa Barbara Road, Carmel Road and San Antonio Road 5. Local Streets Further studies of local street patterns are needed. Every effort shall be made to improve Atascadero 's streets to the criteria defined in this section, while retaining the rural character. At the present time, street condi- tions in many areas of Atascadero are below the level expected by the people. 6. Paper Streets Paper streets exist primarily in the outer fringes of the Colony. They shall be developed as- required, to the stand- ards herein defined. 7. Trails At present the Colonv has no established bikeways, and equestrian or walking trails are found only in limited areas. Proposed creekway paths accommodating these uses are proposed from San Gabriel Road to the east of E1 Camino Real. The paths would have two all-weather rustic bridges as off-highway crossings. 8. Curbs, Gutter and Sidewalks The following recommended requirements apply in different use districts: a. Curbs, gutters and sidewalks shall be required in all commercial land use areas except commercial use areas oriented to highway travel. In the case of highway commercial areas, each permit should be considered as a separate case, and a determination based on perform- ance standards recognizing the character of the area, pedestrian and vehicular movements and drainage characteristics. Substitution of berms for curbs shall be considered. 125 . b. Curbs and gutters shall be required in all industrial land use categories. Sidewalks may or may not be required. C. In duplex-residential areas each application shall be reviewed for curbs and gutters and a determination made whether they shall be required. Substitution of berms for curbs shall be considered. Sidewalks shall not be required. d. In apartment areas curbs and gutters shall be required. Each application shall meet performance standards requiring sidewalks when higher frequencies of pede- strian traffic are anticipated. Sidewalks shall be constructed of all-weather natural materials. TABLE VIII-1 RECAPITULATION OF COLONY ROAD SYSTEM Miles Freeways and Highways 10 . 9 Divided Arterials 10. 8 Undivided Arterials 22.2 Collectors 16 . 3 Local Streets 73. 7 Paper Streets 75 . 0 C Multi-purpose bikeways 0 . 0 Total 208. 9 Traffic Problems in the Central Business District Traffic circulation and attendance parking problems are severe in the Central Business District north of Atascadero Creek. At present there are a number of lots in the Central Business District that are in residential use. This _plan envisions eventual commercial use of these lots. Full development of this area will require a drastic change in traffic patterns to maintain a free flow of traffic. A possible solution might be: initiation of one-way traffic on some streets (e.g. , west on West Mall, south on Palma Avenue) . Off-street parking is currently required of any new commercial construction. The more recently developed areas of the Central Business District, namely from Atascadero Creek south to the southern border of the Thriftv Drug complex, have adequate Off-street parking. But the core of the Central Business District has severe parking problems. P_ survey of current businesses in the core shows that 821 off-street parking sites would be • required if those businesses were built under present regulations. There are, in fact, only 176 off-street parking sites . One- third of this total is located at the extreme north end of the Central Business District. There are several potential sites that could be used. They include: 126 . a. The lot fronting Traffic Way between Villa Atascadero and the Cameo Beautv Shop. b. Numerous sites that currently are occupied by duplexes. These sites exist on Entrada Avenue, Lewis Avenue and West Mall. C. The lot on Entrada Avenue between 5975 Entrada Avenue and the Post Office buildina. One or more of these lots shall be acquired for parking. Pos- sible methods of acquisition include: a. Downtown Parking Assessment District. This method would distribute the financial load among all of the benefiting businesses. It would, on the other hand, penalize those merchants who have independently developed off-street parking for their businesses. Equitable distribution of cost could be built into the mechanics of district formation. b. Cooperative purchase and development by downtown merchants. This method would provide the most rapid means of developing off-street parking. It could result in a few businessmen financing off-street parking for the benefit of all;' but with the possibilit of creating a satisfactory investment. Drainage Problems Related to Streets Lack of adequate street drainage has in the past caused temporary blockage of traffic and inundation of homes and businesses . In some areas, the problem has been corrected, but a unified drainage plan and system does not exist. Some of the worst problem areas are: - Traffic Way between El Camino Real and Lewis Avenue - The intersection of Palma and Entrada Avenues - The Morro Flats A systematic study of the Colony shall be made, and a comprehensive flood control and drainage system shall be designed. Implementa- tio__ of such a plan shall be integrated with a program of street improvement and expansion of the Sewer Improvement District. Other Forms of Transportation 1. Railroads Railroads are the most energy-efficient method of trans- portation. Single passenger commuting by car to San Luis Obispo and Paso Robles is the least efficient. As the 127 . • energy crisis deepens, studies shall be made of the econo- mics of operating single-car diesel commuter service over the Southern Pacific, as is done in the East. ` ) Spur tracks exist, and more could readily be developed to serve the proposed Industrial Parks along the right- of-way. 2. Airports Carrier and cargo service is available to Atascadero at the Paso Robles Municipal Airport, 15 miles to the north, and the San Luis Obispo County Airport, 20 miles to the south, both via Freeway 101. Previous General Plans for Atascadero have shown an airport facility east of the Salinas River. The County Aviation Plan and the 1972 plan of the SouthernCalifornia Association of Governments propose an airpark to be located in the Atascadero area, at a site yet to be determined. An airpark in Atascadero is a desirable facility, especi- ally as the population grows towards 30, 000, and with a major golf course in the 200-acre Chalk Mountain Regional Park. 3. Public Transportation The principal mass transportation service in the Atasca- dero area is that of the Greyhound Bus Company. Although bus service appears adequate, terminal facilities are lacking, and the location of the bus stop is disruptive to traffic. A location near the Central Business District shall be acquired for terminal use. The bus company shall be encouraged to locate a terminal as soon as possible. Commuter bus service to San Luis Obispo and other County destinations remains a need. There are many persons who might support such a system. Several types are available, from fixed routes to the personalized Dial-a-Bus system. 4. Bikeways In past years a great network of roads, streets and high- ways has. been built in the Colony to accommodate the auto- mobile, with virtually no provision for bicycle use. The energy crisis, recreation, more leisure time, interest in physical fitness and concern for the environment are all stimulating the bicycle ' s resurgence, reflected in increasing public pressure for pathways and routes where bicycles can be ridden in relative safety. This will allow utilization of the roads for several purposes and make the roadways • safer for vehicles, pedestrians, bicyclists and equestrians . 128 . 5. Pedestrians Pathways shall be incorporated in some bikeways and equestrian trails. Busy areas magnify the importance of providing space for the pedestrian. Of special importance is a pedestrian-oriented Central Business District. TABLE VIII-2 RECAPITULATION OF PROPOSED CAPITAL IMPROVEMENTS WITHIN THE COLONY UNDER VARIOUS FISCAL JURISDIC'T'IONS 1. Primary arterial (2.1 miles) parallel to E1 Camino Real, with a heavy-duty bridge over Atascadero Creek. 2. A bridge over Graves Creek to connect San Gabriel Road with Graves Creek Road. 3. Multi-purpose bikeways . 4. A new fire house. 5. New schools. 6. Acauisition of Stadium Park. 7. Development of Chalk Mountain Regional Park. 8. Development of SEDES Creekways Plan. 9. New Post Office. 10. Landscaping of Freeway 101 to San Luis Obispo standards. 11. Freeway 101 overcrossing at the Mall. 12. Reacquisition of that part of the Sunken Gardens now occupied by the Junior High School campus . 13. Acquisition of Graves Creek Reserve. 14 . Acquisition of Wranglerette Arena. 15. Acquisition of Chandler Parkland. Circulation Policy Proposals 1. Freeways and major highways shall be effectively land- scaped to screen urban land uses and improve community appearance. Refer to Chanter XIII, COMMUNITY APPEARANCE. • 129 . • 2. Outdoor advertising signs shall be eliminated along freeways and major highways. 3. Highway 41 shall be realigned and improved northerly � \ of Freeway 101 along the adopted Mercedes alignment. 4. Design of the roadway along the Mercedes alignment should minimize visual impacts to Pine Mountain and should mitigate concerns associated with bisection of the community. 5. In the rerouting of Highway 41, adequate pedestrian and bicycle paths shall be provided. 6. Construction of a heavy-duty bridge across Atascadero Creek linking Lewis Avenue with Santa Ysabel shall be programmed immediately. 7. Pathways on streets near schools shall be constructed as soon as practical. 8. Elevation of U. S. 101 to permit vehicular traffic on Atascadero Mall from El Camino Real to Atascadero Avenue shall be programmed by CalTrans and the Division of Highways. 9. New street extensions on unimproved rights-of-way shall • be developed to reasonable improvement standards. C 10. Greyhound Bus Lines shall be encouraged to acquire a new permanent terminal site near the Central Business District, close to freeway access. 11. Plan lines shall be established for all urban arterials and local collectors and appropriate set backs instituted. 12. A more complete and adequate directional signing program shall be initiated. 13. A high priority shall be given to projects which are designed to improve the safety of existing transportation facilities. 14. The potential for inter- and intra-community public transit shall periodically be investigated. 15. Any transportation improvements system shall be compatible with the environment. There shall be a wise use of avail- able resources, avoidance of despoiling irreplaceable resources, promotion of the aesthetic quality of the area and minimization of environmental change. • 16. The Countv' s curb and gutter ordinance shall be amended to include multiple residential districts and professional office districts. 130 . 17. Offers of dedication for additional rights-of-way in single-family residential areas shall be required before issuance of a building permit along arterials and collectors that are plan-lined. Additional rights-of-way required shall be determined by the County minimum road standard of fifty (50) feet in width, but the required dedication shall not exceed twenty-five (25) from the centerline of the road. Additional rights-of-way shall be acquired by the appropriate governmental agency as needed. 18. The highest priority must be given to provision of multi- use shoulders. 19. Hillside Recreational Road Standards shall be applied whenever possible. 131. RESOLUTION NO. 87 -87 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING GENERAL PLAN AMENDMENT 2H-87 TO AMEND THE GENERAL PLAN CIRCULATION ELEMENT TEXT BY ELIMINATING TABLE VIII-2, "RECAPITULATION OF PROPOSED CAPITAL IMPROVEMENTS WITHIN THE COLONY UNDER VARIOUS FISCAL JURISDICTIONS (GP 2H-87: CITY OF ATASCADERO) WHEREAS, an application has been initiated to amend the City of Atascadero' s General Plan pertaiing to the text of the Circulation Element; and WHEREAS, the Planning Commission of the City of Atascadero conduc- ted a public hearing on the subject matter on August 4, 1987 and rec- ommended approval of the amendment; and WHEREAS, the City Council of the City of Atascadero conducted a public hearing on the subject matter on and WHEREAS, Government code Section 65356 provides that a general plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows : 1. The proposed general plan amendment recommended by the Plan- ning Commission is consistent with the goals and policies of the City' s General Plan. 2. The City of Atascadero is in the process of adopting a five year Capital Improvement Program per State Law (Section 65403) . 3. The proposed general plan amendment will not have a signifi- cant adverse effect upon the environment. The Negative Dec- laration prepared for this project is adequate. NOW, THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GP 2H-87 as follows: 1. Amendments to the General Plan Circulation Element by elim- inating Table VIII-2, "RECAPITULATION OF PROPOSED CAPITAL IMPROVEMENTS WITHIN THE COLONY UNDER VARIOUS FISCAL JURISDIC- TIONS" , as shown on Exhibit A. On motion by and seconded by vote: the motion was approvedY 9 b the following roll call AYES: Resolution No. 87-870 • NOES: ABSENT: DATE ADOPTED: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL B. SHELTON, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY:W:2nwaft • �-115- T;x HENRY ENGE , Community evelop 0 t Director CI1 iOF T� EXHIBIT A Resolution ATASCADERO GENERAL PLAN AMENDMENT 1878-7 `s ascan COMMUNITY DEVELOPMENT CiP; 2 H-8 7 ELIMINATION OF TABLE DEPARTMENT VIII-2 S. Pedestrians Pathways shall be incorporated in some bikeways and equestrian trails. Busy areas magnify the importance of providing space for the pedestrian. Of special importance is a pedestrian-oriented Central Business District. • w1bit i -.L 1 6. AcquisiHmn of Sbetait2lik Park. Ljeveta�jatent of SEVES Pi= 9V i CSI Z es C —= eee. Freeway ±e± everCros-s-th., at: the Mai-1. e the Sunken SaTaerra-Yrevo of-wrang}rret-te-A4rer:a f-fhandi:er Parkland Circulation Policy Proposals 1. Freeways and"major highways shall be effectively land- scaped to screen urban land uses and improve community appearance. Refer to Chanter XIII, COMMUNITY APPEARANCE. 129, Secbons ioLc Ehm,na&d - F • ��i ZS j!Ef August 18, 1987 • To: City Council Via: Henry Engen, Director of Community Development Mike Shelton, City Manager From: Jon Ecklund, Assistant Planner SUBJECT : AB 2020 "THE BOTTLE BILL" As you are all probably aware, California has a "Bottle Bill" which is being implemented on October 1, 1987. I attended a seminar put on by the Division of Recycling in Fresno, August 11th. The topic was AB 2020 and a general overview of the bill was given as well as the impacts that the bill will have on local government. A further analysis of the "Bottle Bill" and Recycling is covered in the August issue of Western City, the entire issue is devoted to Recycling and AB 2020. In general , the immediate impact of AB 2020 on the City of Atascadero will be slight. I have contacted the local markets ( Safeway , Williams Bros . and Lucky) and offered any help necessary in order to help with the implementation of AB 2020. • The general impacts of AB 2020 are summarized below: CONVENIENCE ZONES The attached map shows the convenience zones that have been established in Atascadero . Our zoning ordinance allows Collection Stations in all land use zones. This means that there are no urgency measures that we must take in order to comply with AB 2020 . We should consider though, if we want additional appearance standards to apply to Collection Stations. As of this date no commercial recyclers have applied for permits to establish any Collection Stations in any convenience zones. MODEL ZONING ORDINANCE The Division of Recycling has prepared a model ordinance which we should review and consider adopting in a modified form sometime in the near future. It contains new terminology and definitions which we do not have in our current ordinance. The field of recycling has changed and the model ordinance reflects these changes . The definitions of the various types of recycling facilities should be included in our ordinance. A copy of the model ordinance is attached. I will be working with Norma Dengler, County of San Luis Obispo, on the County' s efforts to coordinate recycling efforts on a County wide basis. • DEPARTMENT OF CONSERVATION ATASCADERO OUADRANOLS DOW.I.R Of R�,.a.R STATE OF CALIFORNIA CAuvORNu_sAN sauR ORIBFO Ca r.R MINVr6 RERICRIrO�YRAM11C) .�fA, � 1.11 �\ r �.1 n ` �Ca,•\L`-.�' � \y e �^� `f I' •` rs'r, �i y/�i t Arc- �25ZR t... .• r�1:. --',1 ,a-. .}. �i�� i �s�}:;... �a<, �'.,.%i.J; e 4��a �r,�`••� �.. �--�;,<{' max:; it`d,,;�� `�•...J:. � r i x„{,•/ �, r .,, l '1;��Q�,, < - 6�.,�,�� j �� r - 1 1'i \`^C \_ a } t�rr '_' srg•-''�- , 'F�g�`m71 _f, �°'�yI^�� _ q 1 �'� .. �-,�� ��, 'x}.11,, �.� ..r. 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A�•'v-- s.•>:n��.;..�n,..�,;:�."'�_,.L� ��rr.-•Z'� .r><`�`��•�I\'� •l-__..i"',�;�-\'hi .-�7t..p G'+�L t C,ae u�\-1\\ .% �f 1571046 f� r ��.•�. .r..�.,... `'- C \ we...e....•,...u... �� ATASGDERO.CALIF. +rvr s—.ra.s.f Department of Conservation --- Division of Recycling Convenience Zone Index by City and Supermarket Booklet 4 - Central Coast January 20, 1987 ----------------------------------------------------------------------------------------------------------------- Zone City State Nmbr Supermarket Name Address Zip Map Id # --------------------------------------------------------------------------- ------------ Agoura Ca 950 Ralphs Grocery 26 5727 Kanan Rd 91301 3411827 949 Vons Market 1 5671 Kanan Rd 91301 3411827 Aptos Ca 2510 Deluxe Foods 2 783 25 Rio Del Mar Blvd 95003 3612188 2509 Safeway Store 640 16 Rancho Del Mar S C 95003 3612188 Arroyo Grande Ca 2228 Lucky Food Center 263 1464 Grand Ave 93420 3512015 2229 William Bros Mkt 15 1650 Grand Ave 93420 3512015 2227 Williams Bros Mkt 3 1221 Grand Ave 93420 3512015 Atascadero Ca 2232 Lucky Food Center 273 8665 El Camino Real 93422 3512046 2230 Safeway Store 376 7055 El Camino Real 93422 3512046 2231 William Bros Mkt 14 7135 El Camino Real 93422 3512046 Ben Lomond Ca 2511 Bentomond Super Market 9440 Mill St 95005 3712211 Boulder Creek Ca 2513 Johnnies Super Market 13224 Hwy 9 95006 37122 Bueltton Ca 2329 Nietsens Market 2 270 E Hwy 246 93427 34120 Camarillo Ca 2797 Alpha Beta Acme Mkt 161 2400 Las Posas Rd 93010 3411921 2800 El Camino Market 504 Los Pasos Rd 93010 3411921 2799 Lucky Supermarket 490 450 Carmen Rd 93010 3411921 2804 Ralphs Grocery 98 820 Arneill Rd 93010 3411921 2803 Safeway Store 351 674 Las Posas Rd 93010 3411921 2798 Vons Market 82 389 Arneill Rd 93010 3411921 2801 Vons Market 94 5275 Mission Oaks Blvd 93010 3411828 Cambria Ca 2233 Cookie Crock Market 2320 Main St 93428 35120 Capitola Ca 2515 Atbertsons Food Center 719 1710 41st Ave 95010 3612188 2514 Alpha Beta Acme Mkt 537 1475 41st Ave 95010 3612188 2516 Lucky Food Center 114 1955 41st Ave 95010 3612188 2517 Nob Hill Foods 15 809 Bay Ave 95010 3612188 Carmel Ca 1290 Atbertsons Food Center 705 26555 Carmel Rancho Sc 93923 3612158 1288 Safeway Store 706 Rte 2 Carmel Valley Rd 93921 3612157 1289 Safeway Store 749 5 Carmel Center 93921 3612158 Carpinteria Ca 2311 Lucky Food Center 855 1018 Casitas Pass Road 93013 3411945 2312 Safeway Store 352 850 Linden Ave 93013 3411945 Castroville Ca 1309 Fairway Mart 6 11288 Merritt St 95012 36120 ----------------------------------------------------------------------------------------------------------------- Page 1 STMMY ..rte on�, t . 17 MO— . f .�� � s rd-,i• s�. �g�F-�, u ,�, .! 3 ,�,,, t1 •az ti: wr •,6�,,, � � c; � k+' c,.• v r✓.�- t4 �# % t`*tr`'' ..--Gya .,f;t, �"r D'" 4�Ct'x*^ � Cis x w ,+. �'' ... �-t- t 3'�r✓'�'r.r..'� .+, :``* .er i -. � yid } x t r r .' 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WHEREAS,the City Council/Board of Supervisors desires to make redemption and recycling of reusable materials convenient to the consumer in order to reduce litter and increase the recycling of reusable materials; and WHEREAS, the City Council/Board of Supervisors desires to encourage the provision of recycling services by adopting a comprehensive and easily understood program of permitting and regulating such uses; and WHEREAS, the amendments recommended by this Resolution are found by the City Council/Board of Supervisors to be necessary to provide for implementation,within the areas of (City/County) , of the California Beverage Container Recycling and Litter Reduction Act; and WHEREAS, a Negative Declaration has been issued for the proposed zoning ordinance amendment in compliance with the California Environmental Quality Act and State and County environmental review guidelines; and WHEREAS, proceedings to consider this ordinance have been completed as required by Sections of the Code; and NOW, THEREFORE, be it resolved by the City Council/Board of Supervisors of the City/County of 17 • SECTION 1: Definitions recyclable materials.Processing means the prepara- tion of material for efficient shipment, or to an end-user's specifications, by such means as baling, Section of the Code is hereby amended by end u ser's ,compacting,flattening,grinding,crush, adding in proper alphabetical sequence the following terms ing, mechanical sorting, shredding, cleaning, an and accompanying definitions: remanufacturing. Processing facilities include th following: A. Recyclable Material a. A light processing facility occupies an area of Recyclable material is reusable material including under 45,000 square feet of gross collection, but not limited to metals, glass, plastic and paper, processing and storage area and has up to an which are intended for reuse,remanufacture,or recon- average of two (2) outbound truck shipments stitution for the purpose of using the altered form. per day.Light processing facilities are limited to Recyclable material does not include refuse or hazard- baling,briquetting,crushing,compacting,grind- ous materials. Recyclable material may include used ing, shredding and sorting of source-separated motor oil collected and transported in accordance with recyclable materials and repairing of reusable Section 25250.11 and 25143.2(b)(4)of the California materials sufficient to qualify as a certified pro- Health and Safety Code. cessing facility. A light processing facility shall not shred,compact,or bale ferrous metals other than food and beverage containers. B. Recycling Facility b. A heavy processing facility is any processing A recycling facility is a center for the collection facility other than a light processing facility. and/or processing of recyclable materials. A certified recycling facility or certified processor means a recy- cling facility certified by the California Department of C. Reverse Vending Machine(s) Conservation as meeting the requirements of the Cali- A reverse vending machine is an automated fornia Beverage Container Recycling and Litter Reduc- mechanical device which accepts at least one or more tion Act of 1986.A recycling facility does not include types of empty beverage containers including, but not storage containers or processing activity located on the limited to aluminum cans,glass and plastic bottles,and premises of a residential, commercial, or manufactur- issues a cash refund or a redeemable credit slip with a ing use and used solely for the recycling of material value not less than the container's redemption value as generated by that residential property, business or determined by the state. A reverse vending machine manufacturer. Recycling facilities may include the may sort and process containers mechanically provide following: that the entire process is enclosed within the machine. In order to accept and temporarily store all three con- t. Collection Facility tainer types in a proportion commensurate with their relative redemption rates,and to meet the requirements A collection facility is a center for the acceptance of certification as a recycling facility,multiple grouping by donation, redemption, or purchase, of recycla- of reverse vending machines may be necessary. ble materials from the public. Such a facility does not use power-driven processing equipment except A bulk reverse vending machine is a reverse vending as indicated in Section 4 Criteria and Standards. machine that is larger than 50 square feet;is designed to Collection facilities may include the following: accept more than one container at a time;and will pay by weight instead of by container. a. Reverse Vending Machine(s); b. Small collection facilities which occupy an area D. Mobile Recycling Unit of not more than 500 square feet, and may include: A mobile recycling unit means an automobile,truck, 1. A mobile unit; trailer or van, licensed by the Department of Motor 2. Bulk reverse vending machines or a grouping Vehicles which is used for the collection of recyclable of reverse vending machines occupying more materials.A mobile recycling unit also means the bins, than reverse square feet; boxes or containers transported by trucks, vans, or 3. Kiosk type units which may include perman- trailers, and used for the collection of recyclable materials. entstructures; 4. Unattended containers placed for the dona- tion of recyclable materials. SECTION 2: Permits c. Large collection facilities which may occupy an Required area of more than 500 square feet and may include permanent structures. No person shall permit the placement, construction, 2. Processing Facility operation of any recycling facility without first obtaining permit pursuant to the provisions set forth in this Section. A processing facility is a building or enclosed Recycling facilities may be permitted as set forth in the space used for the collection and processing of following table.As used in the table,"Alternative Permit"is 18 Alternative Type of Facility Zones Permitted Permit Required Permit Reverse Vending All Commercial Administrative(or by right) Minor Use Machine(s) All Industrial Small Collection All Commercial Administrative Minor Use All Industrial Large Collection C-1 Minor Use Other Commercial Site Development Minor Use Industrial Site Development Minor Use Light Processing Heavy Commercial Conditional Use All Industrial Minor Use Conditional Use Heavy Processing Light Industrial Conditional Use Heavy Industrial Site Development Conditional Use the permit that may be sought for the applicable recycling such standards or impose stricter standards as an exercise of uses if the required permit is denied,or at the discretion of an discretion upon a finding that such modifications are reason- applicant who does not want to meet the standards for an ably necessary in order to implement the general intent of this administrative permit. Section and the purposes of this Title. In addition to the permits described in the above table a Note:If the zoning ordinance has a section requiring all activities reverse vending machine(s)or a small collection facility may in a commercial zone to be conducted completely within an enclosed also be allowed in special zones which allow uses permitted in structure and which lists exceptions, amend that section to add commercial or industrial zones with an administrative per- "recycling collection facilities" to the list of exceptions. mit; and a large collection facility or processing facility may The criteria and standards for recycling facilities are as be allowed in agricultural zones with a conditional use follows: 4V ermit. SECTION 3: Permits dor A. Reverse Vending Machine(s) Reverse vending machine(s) located within a com- Multi ple Sites mercial structure do not require discretionary permits. Reverse vending machines do not require additional A single administrative permit may be granted to allow parking spaces for recycling customers and may be more than one reverse vending machine(s) or small collec- permitted in all commercial and industrial zones with tion facility located on different sites under the following an administrative use permit provided that they comply conditions: with the following standards: • The operator of each of the proposed facilities is the 1. Shall be established in conjunction with a com- same; mercial use or community service facility which is • The proposed facilities are determined by the (Zoning in compliance with the zoning, building and fire Administrator)to be similar in nature,size and intensity codes of the City/County of of activity; and 2. Shall be located within 30 feet of the entrance to • All of the applicable criteria and standards set forth in the commercial structure and shall not obstruct Section 4 are met for each such proposed facility. pedestrian or vehicular circulation; 3. Shall not occupy parking spaces required by the SECTION 4: Criteria and primary use; 4. Shall occupy no more than 50 square feet of floor Standards space per installation, including any protective enclosure,and shall be no more than eight(8)feet Those recycling facilities permitted with an administrative in height; permit shall meet all of the applicable criteria and standards 5. Shall be constructed and maintained with durable fisted. Those recycling facilities permitted with a minor use waterproof and rustproof material; ermit, conditional use permit, or site development permit shall meet the applicable criteria and standards,provided that 6. Shall be clearly marked to identify the type of the Director of Planning, Planning Commission, or City material to be deposited, operating instructions, Council/Board of Supervisors,as the case may be,may relax and the identity and phone number of the opera- 19 I ro to-..oned or occupied for residential use for or responsible person to call if the machine is er F P inoperative; shall operate only during the hours between 9:00 a.m. and 7:00 p.m.; 7. Shall have a sign area of a maximum of four (4) square feet per machine, exclusive of operating 1 1. Containers for the 24-hour materials donation of instructions; shall be at least 30 feet from any property zoned or� occupied for residential use unless there is a rec- 8. Shall be maintained in a clean,litter-free condition ognized service corridor and acoustical shielding on a daily basis; between the containers and the residential use; 9. Operating hours shall be at least the operating 12. Containers shall be clearly marked to identify the hours of the host use; type of material which may be deposited;the facil- ity shall be clearly marked to identify the name 10. Shall be illuminated to ensure comfortable and and telephone number of the facility operator and safe operation if operating hours are between dusk the hours of operation,and display a notice stating and dawn. that no material shall be left outside the recycling enclosure or containers; B. Small Collection Facilities 13. Signs may be provided as follows: Small collection facilities may be sited in commercial a. Recycling facilities may have identification and industrial zones with an administrative permit pro- signs with a maximum of 20 percent per side or vided they comply with the following conditions: 16 square feet,whichever is larger,in addition 1. Shall be established in conjunction with an exist- to informational signs required in Section ing commercial use or community service facility 4.B.12; in the case of a wheeled facility, the which is in compliance with the zoning, building side will be measured from the pavement to the top of the container; and fire codes of the City/County of 2. Shall be no larger than 500 square feet and occupy b. Signs must be consistent with the character of no more than five(5)parking spaces not including the location; space that will be periodically needed for removal c. Directional signs,bearing no advertising mes- of materials or exchange of containers; sage, may be installed with the approval of 3. Shall be set back at least ten (10) feet from any (Zoning Administrator) if necessary to street line and shall not obstruct pedestrian or facilitate traffic circulation,or if the facility i0 vehicular circulation; not visible from the public right-of-way; 4. Shall accept only glass,metals,plastic containers, d. The (person authorized to grant administrative papers and reusable items.Used motor oil may be permits) may authorize increases int the num- accepted with permission of the local public ber and size of signs upon findings"that it is health official; compatible with adjacent businesses. 5. Shall use no power-driven processing equipment 14. The facility shall not impair the landscaping except for reverse vending machines; required by local ordinances for any concurrent use by this Title or any permit issued pursuant 6. Shall use containers that are constructed and thereto; maintained with durable waterproof and rust- 15. No additional parking spaces will be required for proof material,covered when site is not attended, customers of a small collection facility located at secured from unauthorized entry or removal of the established parking lot of a host use.One space material, and shall be of a capacity sufficient to will be provided for the attendant, if needed; accommodate materials collected and collection schedule; 16. Mobile recycling units shall have an area clearly 7. Shall store all recyclable material in containers or marked to prohibit other vehicular parking during in the mobile unit vehicle, and shall not leave hours when the mobile unit is scheduled to be materials outside of containers when attendant is present; not present; 17. Occupation of parking spaces by the facility and 8. Shall be maintained free of litter and any other by the attendant may not reduce available parking undesirable materials, and mobile facilities, at spaces below the minimum number required for which truck or containers are removed at the end the primary host use unless all of the following of each collection day,shall be swept at the end of conditions exist: each collection day; a. The facility is located in a convenience zone or 9. Shall not exceed noise levels of 60 dBA as mea- a potential convenience zone as designated sured at the property line of residentially zoned or the California Department of ConservatiodW occupied property,otherwise shall not exceed 70 b. A parking study shows that existing parking dBA; capacity is not already fully utilized during the 10. Attended facilities located within 100 feet of a time the recycling facility will be on the site; 20 c. The permit will be recon&ed at the end of 6. Space Ake provided on site for six(6)vehicles 18 months. or the anticipated peak customer load,whichever A reduction in available parking spaces in an is higher, to circulate and to deposit recyclable materials,except where the (Zoning Administra- established parking facility may then be allowed as tor) determines that allowing overflow traffic follows: above six (6) vehicles is compatible with sur- For a commercial host use: rounding businesses and public safety. Number of Available Maximum 7. One (1) parking space will be provided for each Parking Spaces Reduction commercial vehicle operated by the recycling facil- ity. Parking requirements will be as provided for 0-25 0 in the zone, except that parking requirements for 26-35 2 employees may be reduced when it can be shown 36-49 3 that parking spaces are not necessary such as when 50-99 4 employees are transported in a company vehicle to 100+ 5 a work facility; For a community facility host use: 8. Noise levels shall not exceed 60 dBA as measured A maximum five (5) spaces reduction will be at the property line of residentially zoned prop- allowed when not in conflict with parking needs of erty, or otherwise shall not exceed 70 dBA; the host use. 9. If the facility is located within 500 feet of property 18. If the permit expires without renewal, the collec- zoned, planned or occupied for residential use, it tion facility shall be removed from the site on the shall not be in operation between 7:00 p.m. and day following permit expiration. 7:00 a.m.; 10. Any containers provided for after-hours donation C. Large Collection Facilities of recyclable materials will be at least 50 feet from any property zoned or occupied for residential A large collection facility is one that is larger than use, shall be of sturdy, rustproof construction, 500 square feet,or is on a separate property not appur- shall have sufficient capacity to accommodate tenant to a host use,and which may have a permanent materials collected, and shall be secure from building. A large collection facility is permitted in unauthorized entry or removal of materials. neighborhood commercial zones with a minor use per- 11. Donation areas will be kept free of litter and any mit and in other commercial and industrial zones with a other undesirable material,and the containers will site development permit, provided the facility meets be clearly marked to identify the type of material the following standards: that may be deposited; facility shall display a 1. Facility does not abut a property zoned or planned notice stating that no material shall be left outside for residential use; the recycling containers; 2. Facility will be screened from the public right-of- 12. Facility will be clearly marked with the name and way by operating in an enclosed building or: phone number of the facility operator and the hours of operation; identification and informa- a. Within an area enclosed by an opaque fence at tional signs will meet the standards of the zone; least six (6) feet in height with landscaping; and directional signs,bearing no advertising mes- b. At least 150 feet from property zoned or sage, may be installed with the approval of the planned for residential use; and (Zoning Administrator) if necessary,to facili- tate traffic circulation or if the facility is not visible c. Meets all applicable noise standards in this from the public right-of-way; ordinance; 13. Power-driven processing,including aluminum foil 3. Setbacks and landscape requirements shall be and can compacting, baling, plastic shredding, or those provided for the zoning district in which the other light processing activities necessary for effi- facility is located; cient temporary storage and shipment of material, may be approved through a use permit process or 4. All exterior storage of material shall be in sturdy at the at of the (Zoning Administrator) containers which are covered,secured,and main- if noise and other con itions are met. tained in good condition. Storage containers for flammable material shall be constructed of non- flammable material. Oil storage must be in con- tainers approved by the (Local Fire and/or D. Processing Facilities Health Official) . No storage, excluding true trailers and overseas containers, will be visible A light processing facility is permitted in heavy above the height of the fencing; commercial zones and light industrial zones with a minor use permit. A large processor is permitted in 5. Site shall be maintained free of litter and any other light industrial zones with a conditional use permit.All undesirable materials,and will be cleaned of loose processors are permitted in heavy industrial or manu- debris on a daily basis; facturing zones with a site development permit or 21 of eall�bad of customers to circulate,park and de- i accordingto the practice o�he City/County p . . . for similar uses. Posit recyclable materials. If the facility is open to the + P P ublic space will be provided for a minimum A processor will meet the following conditions: of ten(10)customers or the peak load,whichever is higher, except where the (Zoning Adminis 1. Facility does not abut a property zoned or planned tor) determines that allowing overflow trat i in businesses and u for residential use; com atible with surround g p P 2. In a commercial or light industrial zone, proces- tic safety. sors will operate in a wholly enclosed building 10. One (1) parking space will be provided for each except for incidental storage, or: commercial vehicle operated by the processing a. Within an area enclosed on all sides by an center.Parking requirements will otherwise be as mandated by the zone in which the facility is opaque fence or g ( ) wall not less than eight 8 feet in height and landscaped on all street frontages; located; b. Located at least 150 feet from property zoned 11. Noise levels shall not exceed 60 dBA as measured orP lanned for residential use. at the property line of residentially zoned or occu- pied property, or otherwise shall not exceed 70 3. Power-driven processing shall be permitted, pro- dBA; vided all noise level requirements are met. Light processing facilities are limited to baling,briquet- 12. If the facility is located within 500 feet of property ting, crushing, compacting, grinding, shredding zoned or planned for residential use,it shall not be tion between 7:00 .m.and 7.00 a.m.The and sorting of source-separated recyclable mate- in opera p rials and repairing of reusable materials; facility will be administered by on-sitepersonnel during the hours the facility is open; 4. A light processing facility shall be no larger than 45,000 square feet and shall have no more than an 13. Any containers provided for after-hours donation east 0 feet from average of two 2 outbound truck shipments of of recyclable materials will be at 1 5 g ( ) P material any property zoned or occupied for residential per da and may not shred compact or P Y Y + P bale ferrous metals other than food and beverage evera a use; shall be of sturdy, rustproof construction; containers; shall have sufficient capacity to accommodate. materials collected; and shall be secure from 5. A processing facility may accept used motor oil unauthorized entry or removal of materials; for recycling from the generator in accordance with Section 25250.11 of the California Health 14. Donation areas shall be kept free of litter and and Safety Code; other undesirable material. The containers s be clearly marked to identify the type of materia 6. Setbacks and landscaping requirements shall be that may be deposited. Facility shall display a those provided for the zoning district in which the notice stating that no material shall be left outside facility is located. the recycling containers; 7. All exterior storage of material shall be in sturdy 15. Sign requirements shall be those provided for the containers or enclosures which are covered, zoning district in which the facility is located. In secured,and maintained in good condition. Stor- addition, facility will be clearly marked with the age containers for flammable material shall be name and phone number of the facility operator constructed of non-flammable material. Oil stor- and the hours of operation; age must be in containers approved by the Local Fire and/or Health Official) .No storage,exclud- 16. No dust, fumes, smoke,vibration or odor above ing truck trailers and overseas containers, will be ambient level may be detectable on neighboring visible above the height of the fencing; properties. 8. Site shall be maintained free of litter and any other undesirable materials,and will be cleaned of loose SECTION 5: Permitted Uses debris on a daily basis and will be secured from unauthorized entry and removal of materials when Sections listing permitted uses in commercial, attendants are not present; industrial,and any other applicable zones are amended to add 9. Space shall be provided on site for the anticipated recycling facilities as defined in this amendment. 22 87 7651C • M E M O R A N D U M TO: City Council August 25, 1987 VIA: Michael Shelton, City Manager tf^ ' FROM: Henry Engen, Community Development Director A SUBJECT: Continued consideration of Tentative Parcel Map 5-87 LOCATION: 8925 Atascadero Avenue (Parcel A of CO 76-280) APPLICANT: Robert S. Fisher REQUEST: Consideration of redesign of a subdivision containing 1.72 acres into lots of 0 .99 and 0 .73 acres each respectively. Original request was for division into three lots maintain- ing 0. 5 acres, 0. 5 acres and 0 .72 acres. BACKGROUND: • This matter was before the City Council as a public hearing item on August 11, 1987 and was continued to the meeting of August 25, 1987 (refer to attached agenda packet) . STATUS UPDATE: Following the City Council meeting, the Fire Department has submitted the attached memorandum confirming their approval of the turn-around design and new fire hydrant location at the intersection of the pri- vate road and Atascadero Avenue. Staff also met with Mr. Fisher re- garding concerns expressed at the Council meeting. He indicated a willingness to install reflectorized house numbers at the entry to each of the lots in question together with a master house numbering sign at Atascadero Avenue and the private road to respond to Council concerns relative to emergency access to flag lots. RECOMMENDATIONS - ALTERNATIVES: The attached staff report indicates alternative recommendations for a three-way split (staff recommendation) , and a two-way split (directed by Council April 28, 1987) . For either action, it is further recommended that the following con- dition be added: • 1 "A Reflectorized house number master sign shall be located at Atascadero Avenue and the private road with individual reflector- ized signs provided for each home site. " HE:ps Enclosure: Fire Department Memorandum - August 14 , 1987 August 11, 1987 Staff Report to City Council cc: Robert Fisher • 2 _M_E_M_O_R A_N_D_U_M_ DATE: 8/14 /87 TO: Henry Engen, Community Development Director FROM: Mike Hicks , Fire Chief SUBJECT: TPM 5-87 , Fisher lot split The fire department turnarounds shown on both the two lot split and three lot split proposals meet the minimum Uniform Fire Code requirements for fire apparatus access . The fire hydrant location shall be as stated in the conditions of approval at the inter- section of the private road and Atascadero Avenue. MIKE HICKS VE:pg M E M O R A N D U M TO: City Council August 11, 1987 s. VIA: Michael Shelton, City Manager �+ FROM: Henry Engen, Community Development Director9 SUBJECT: Continued Consideration Tentative Parcel Map 5-87 LOCATION: 8925 Atascadero Avenue (Parcel A of CO 76-280) APPLICANT: Robert S. Fisher REQUEST: Consideration of redesign of a subdivision containing 1.72 acres into 2 lots of . 99 and . 73 acres each, re- spectively. Original request was for division into three lots containing . 5 acres, . 5 acres and . 72 acres. BACKGROUND: At the City Council ' s April 28th, 1987 meeting this proposed threeway lot split was removed from the Consent Agenda and staff was directed to negotiate with the applicant, with the intent to split the property two ways (refer to attached background materials) . Subsequently, the applicant has submitted a letter in support of the three-way split, together with modified exhibits for two-way and a three-way lot split which show topgraphy and turn around details for emergency vehicles. ANALYSIS: As reflected in the attached minute excerpts, the issues that were raised with this proposed split focused on emergency access, adequacy of turn arounds for fire equipment and drainage. City standards for private roads require 16 foot of paving on a 20 foot base. This condition of approval would apply to either a two-way or three-way split of the property. The exhibits submitted on July 22nd comparing the two-way split with a three-way split have been re- viewed and approved by the Fire Department for turn-around. Note that the turn-around detail would be essentially the same for either de- sign. With respect to drainage, the project is conditioned to submit appro- priate grading, drainage and erosion control plans and appropriate improvement requirements as approved by the Public Works Department. With respect to the drainage towards Atascadero Avenue, there would be no increase in drainage caused by a three-way split in that the pro- posed third lot drains towards Coromar. STAFF RECOMMENDATION (3 WAY SPLIT) : Approval subject to the Planning Commission' s recommended findings and conditions of approval to accommodate a three-way division as reflec- ted in the Exhibit submitted on July 22, 1987 . ALTERNATIVE (2 WAY SPLIT) : If following review and discussion, Council concludes that a two-way split is appropriate, this could be accomplished by approving a re- vised Exhibit D, Findings for Approval with Finding No. 1 changed to read as follows: "1. The creation of a land division re-designed to accommodate two parcels conforms -to the Zoning Ordinance and General Plan. " . In addition, Exhibit E Conditions of Approval (revised) could be modi- fied to add a new Condition No. 1, and renumbering of subsequent con- ditions, with Condition No. 1 to read as follows: "l. . The applicant shall redesign the project consistent with the attached Exhibit submitted July 22, 1987 for a two lot split. " HE:ph Attachments: Two Lot Split - July 22, 1987 Three Lot Split — July 22, 1987 Communication from Robert Fisher , June 11, 1987 City Council Minutes Excerpt - April 28, 1987 Staff Report to City Council - April 28, 1987 Planning Commission Minutes - April 7, 1987 cc: Robert S. Fisher John Falkenstein ---------------— __ — . `\ oar � o • - � �° ` ! 0 •: a n� S -- � i •i �� - aur r 0 3 Ld 0J Yi t�;� i r I, a IL LLJ _ W ui i moi. 1 O T( Q cc Cc ^ ` A ,-i:SL n.lk.[ir b e Ji AC P ` i N i G 1� J 1� a y o 4 ; z \ i w w I f ! O , = U I J 3 � W U F I \ 6 4 ✓t ZA } i _ t- _ +� o ata jj i E Lor s PLI or it 30N3AV OU30VOSVIV i 8 • G A W ��C ; `1 1\ `\� `�L � 6mm O•V � Q �� � Q� co tl " ��3� . x. ,,1111 \° � --- `�- _---"- -- -- ---• _ N oc - ---- -a t y^>`Z W0.0 �} f1 • <Pm -- --'---- �w D 4 r1-i T �� z t7 N 0 �f i d �4^O e __ _ - - < tl •��� 1 e \ r �. •¢'• N y tl 0. i L .�.r, j �r m f�� k� W Lijo _ • ;� �' n moi-°A � V Lij Ul W cc _ ¢ 3 r ` s• cu cc i yJu1 � Un 18 / Po aP - c N 116 n...-1, of S IL 0 J� 1 � Vo J� • r Z ^ I • .-1 w • T D ° z , ^ v i ' c a i ° i IT c [n 3 D • f� a7� e h . •F O - F v � e o • . s s v z • 0 e • e i 1 O N V • W 1 e. Cc -17 Q� O 1~ 3 rL s •� • i z � � (i- .W. LOT .. - -- 41 )n anS3AV OH30VOSVIV �r Robert S. Fisher 8925 Atascadero Ave. Tel : 466-7193 543-.6435 June 11 , 1987 City of Atascadero Administration Bldg. Post Office Box 747 Atascadero, CA 93423 Dear Council Members: Re: Tentative Parcel Map 5-87 Please accept this letter as a formal acknowledgement that I wish to proceed with my tentative parcel map as orginally proposed. I request that the item be placed on the Council agenda for the July 14th meeting. I have second thoughts about going into such detail regarding this matter in a letter, but feel some real clarification of the issues are called for. I feel these are better presented to you in this outline form and thank you in advance for taking the time to read it . The reasons for my decision are as follows: 1 . The project, as submitted, is in total conformance with general plan, zoning, and subdivision requirements. I am not requesting any special considerations. 2. I am in total agreement with all the conditions for approval in the Planning Department ' s staff report . 3. There are no real drainage, traffic, or fire access problems -and I would urge you to confirm this with the various city departments involved ( fire, planning, public works) . These issues are simply exaggerations raised by one neighbor who is, and has been consistently opposed to the 20, 000 sq. ft . zoning (see item 4) , and is using every method available to stop the lot splits in our neighborhood . 4. I am a licensed architect . I deal with site planning, grading, drainage, and access circulation on a daily basis ,in my profession. There are no problems on this site. I have retained a civil engineer with additional expertise in these areas. It is also his opinion that there are no Problems with this proposal . Your own professional City Staff (planning, fire, engineering) recommends approval of the three-way split with conditions I am in complete agreement with . Their non-biased input, in my opinion, is the most useful you can receive on this matter . Your Planning Commission, after review of the issues involved, also supported the three-way split . The only objections to the project have come from my neighbor who has and will continue to oppose any lot splits in the area because he simply does not agree with the new zoning classification for the neighborhood. While he is entitled to his opinion to disagree with 9 your unanimous decision (to allow 20,,000 sq. ft . parcels in the area) , he should not be allowed to distort or exaggerate the actual conditions that exist on the site. His expertise in land use planning is limited; he is not a recognized expert in any of the related site Planning fields. 5. The two areas of discussion at the April 28th Council meet- ing which saw this item continued were fire access and drainage. Regarding fire access: dropping to a two-way Split will in no way alter driveway, turnaround, and hydrant requirements from that which is needed for the three-way split. The drainage concerns are also moot. There is simply no impact on the drainage patterns due to the third lot as it is entirely beyond the high point of the property and drains completely in the opposite direction from the objecting neighbor. Any concentration of drainage water near this neighbor is due to the improper grading or shelf cut. into his lot when it was developed. Approving my project will alleviate this minor and temporary concentra- tion at the driveway mid-point (see conditions for approval #12, Exhibit E) . Dropping to a two-way split will not change these conditions or requirements in any way. For the reasons stated above, I believe a three-way split is per- fectly reasonable for the site. In closing, the project as presented meets all the requirements of the City of Atascadero. None of the professionals involved have any problem supporting the three-way split, and it was approv- ed by the Planning Commission. Based on the one objecting neigh- bor ' s concerns, there is simply no difference between a two and a three-way split. I will be contacting each of you prior to the Council meeting to discuss the possibility of visiting the site. Please feel free to contact me if you have any questions regarding this matter. Thank you for your consideration. Sincerely, Robert S. Fisher Copy to: Community Development Department Steven L. Decamp, Senior Planner r. Engen, Commun. Devel. Director , gave staff report. Pub 'c Comment John F kenstien, representing Mr. Hawkins, reviewed the hi ory o this ap ication. He spoke in support of Council appro 1 of this map and pr osed subdivision. Mr. Jorgensen " City Atty. , stated that he believes t proposed ma does meet theetter of the law as far as the 20, 00 sq. ft. minimu being within one I operty ownership; however, he asked if it was th Council's desire allow 20 ,000 sq. ft. lote where a considerabl portion of each lot m' ht be effectively unusable because it is withi road right-of-ways. He oted that staff will,`be bringing a recommen- dation before Council at the 20 ,000 sq./kt. standard be amended t include those areas exclus a of road ri hi-of-ways, which will solv the problem for the future. Further related discussion ensu " !r Engen referenced an earlierM exhibit which accompanied the General Plan amendment indicating a 10 lot development. Council consented\to urge that staff amend the zon ' ing text, possibly by urgency ordinance, to address the issue of grossl acreage vs. net acreage. Mr .,--Engen responded that he would consul with the City Atty. for alternatives and report back to Council. MOTION: By Councilwoman'Norris to approve TPM 4-87 , seconded by M or Mackey; Mr. Jorgensen advised that�,the Council direct t specific li�riguage be included to identil-,y what the contribu tion for;-*sidewalks would be, treating t �,s item consistentl with the'`prior item. Mayor Mackey withdrev ,-her second, an ZION: By ion died. cilwoman Norris to approve TTM 4-87, sub ct to nego of a contribution for sidewalks to be bre ht back a 5/12/87 meeting, seconded by Mayor Mackey; p sed 3 :1 uncilwoman Borgeson opposed. cilwoman Norris to continue meeting past 11:00d by Councilman Bourbeau; passed unanimously. *7. (*Item A-15, pulled from Consent Calendar) Approval of Tentative Parcel Map 5-87 - 8925 Atascadero Ave. - Subdivision of 1. 66 Acre Parcel into 3 Lots of . 5 , .5 & .66 Acres Each - Fisher Mr. Engen, Commun. Devel. Director, gave staff report. Public Comment Robert Fisher, applicant, disputed neighbors claims of flooding drainage problems; he thinks the conditions listed in the staff rep address any problems, urging approval of his application. 9 Dennis Lockridge, 8935 Atascadero Ave. , expressed strong opposition this project, mainly due to site suitability, drainage deficienci and flag lot development. He expressed concern regarding potential emergency access issues as well as driveway maintenance responsibili- ties. Mr. Engen responded to concerns expressed, reviewing related Conditions of Approval in agenda packet. MOTION: By Councilwoman Borgeson to deny TPM 5-87; motion died for lack of a second. Council discussion ensued regarding whether a two-way split would be acceptable to both Council and the applicant. Mr. Jorgensen, City Atty. , recommended a continuance of this item in order to allow staff to work with the applicant and establish findings for a possible two- way split. MOTION: By Councilman Bourbeau to continue TPM 5-87, directing staff to negotiate with the applicant with the intent to split the property two ways, rather than three, and come up with an acceptable emergency vehicle turnaround. Motion seconded by Councilwoman Norris; passed unanimously, with Councilman Handshy absent. MOTION: y an Bourbeau to recess as Co convene a the Atas. Cou s rict, seconded by Council woman Bor e e unan ATASCADERO COUNTY SANITATION DISTRICT (ACSD) **Mr. nsibaugh, Pub. Works Director , suggested Items D-2 & e ad dresse rior to Items 1 & 3 in consideration of the plicants represenIves- being present; the Board consented. **2. Assessment 'strict #3 (Marchant Way) - Fund' g change Order Re quest for Excalation (West Coast Tank and a Com an ) Mr. Sensibaugh, Pub. Work irector, gave aff report. He introduce John Falkenstien, the Projec Engineer , resent to respond to ques- tions. Public Comment J Gary Carripo, W. Coast Ta & Pipe, addres d reasons for this chang order request, revie 'ng the history of eve s evolving around thei agreement with the y. He noted that what is ing requested is fair and eq uit a amount (some compromise betty staff' s propose $5,870 and W. ast' s requested $35,330 . 50) so W. Coa can recoup it costs. Discu on between Council and staff ensued on the issue of 1 idate da es. _ 10 TE M E M O RAN D U M TO: City Council April 28, 1987 VIA: Michael Shelton, City Manager 0 FROM: Henry Engen, Community Development Director 44E SUBJECT: Tentative Parcel Map 5-87 LOCATION: 8925 Atascadero Avenue (Parcel A of CO 76-280) APPLICANT: Robert S. Fisher REQUEST: Subdivision of one parcel containing 1 . 72 acres into three lots containing 0. 5 acres, 0. 5 acres and 0. 72 acres. BACKGROUND: The Planning Commission conducted a public hearing on April 7, 1987 concerning the above-referenced subject, approving the land division request on a 3 : 2 vote subject to the findings and conditions contained le in the attached staff report with deletion of Condition #18 (which is already covered by ordinance) . Robert Fisher, applicant, noted he was in agreement with the staff recommendation. Comments were heard by Dennis Lockridge and Dave Crawford opposing the proposed lot split because of potential flooding and drainage problems as well as problems associated with flag lot developments. There was discussion among the Commission relative to fire require- ments, drainage requirements, and road widening. No one else spoke on the matter . RECOMMENDATION: Approval subject to the Planning Commission' s recommended findings and conditions of approval. HE:ps ATTACHMENTS: Staff Report - April 7 , 1987 Revised Conditions of Approval cc: Robert Fisher City of Atascadero Item: C.S STAFF REPORT FOR: Planning Commission Meeting Date: April 7 , 1987 BY: �Nteven L. DeCamp, Senior Planner File No: TPM 5-87 Project Address: 8925 Atascadero Avenue (Parcel A of CO-76-280) SUBJECT: Subdivision of one parcel containing 1. 72 acres into three (3) lots containing 0. 5 acres, 0.5 acres, and 0.72 acres. BACKGROUND: Notice of public hearing was published in the Atascadero News on Fri- day, March 27, 1987 . All property owners of record located within 300 feet of the subject property were also notified on that date. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Robert S. Fisher 2. Representative. . . . . . . . . . . . . . .Robert S. Fisher 3. Site Area. . . . . . . . . . . . . . . . . . . . 1.72 acres 4. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-X 5. Existing Use. . . . . . . . . . . . . . . . .Parcel 1 contains a single- family dwelling 6. Adjacent Zoning. . . . . . . . . . . . . .North: RSF-X South: RSF-X East: RSF-X West: RSF-X 7. General Plan Designation. . . . .High Density Single Family 8. Environmental Status. . . . . . . . .Negative Declaration posted February 23, 1987 B. ANALYSIS: The application before the Commission proposes the subdivision of one parcel containing 1.72 acres into three (3) parcels containing 0. 5 acres, 0. 5 acres, and 0 .72 acres. The property proposed for subdi- vision is located in an RSF-X zoning district. The minimum lot size in this zone is 0. 5 acres where sewers are not available and 20,000 square feet where sewers are available. Staff Report - TPM 5-87 8925 Atascadero Ave. (Fisher) Page Two Analysis - Cont'd The subject property currently contains a single family residence on Parcel 1. Proposed Parcels 2 and 3 are vacant. The new lots being created are located behind the existing dwelling. Access to these rear lots will be by easement crossing the front lot. This easement will also serve as a Public Utilities Easement allowing the rear lots to be connected to existing utilities in Atascadero Avenue. The area surrounding the subject parcel was the subject of recent Gen- . eral Plan and Zoning Ordinance amendments allowing for the establish- ment of one-half acre and 20 ,000 square foot lots. The proposal be- fore 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 apropriate for the neighborhood. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 5-87 based on the Findings in Exhibit D and the Conditions of Approval in Exhibit E. SLD:ph Attachments: Exhibit A - Location and Zoning Map Exhibit B - Tentative Parcel Map Exhibit C - Parcel Map Detail Exhibit D - Findings for Approval Exhibit E - Conditions of Approval I' 1 Yu ` pvE �\\ •� Ex�k 81 A * • yfr TF Ali 5-- 13-7 �n � WJE .` • ,/i/ M LL4 , J :4 R/M IJAV < I f( 4 I s v II' fL � e. • � 26/ �i\ ti0 ° L O u Pea° �/ \ \ p a lb S L°M aCO s B R L\'yf�% avf CT o /f `S 0 C44ER0 � Op� �- PJ r p AVEC/ jSp1j �x o c` (P i I �4k y� VIEW 6L ' VIEW / S � I FHS F c R S` R31=•X( ) '� s � 'TOx IJ) EXi�tQ�T E3 9 F a W PM 5- g? U �z t F �z wx t r a �° y r• _ ix d V 1 CL W o ff 1 71 97-1 _ ? W m r s? 7 4216 co o 44 J,; p.5Z�6.L5'rltf/,4ic5ts,ot.[sd tal,'►5o�r a,oL.LS _- GO 1•.5_7ui cr m a 1 r d �4v i U3 li �r jr jr Q �4J �Ja F 4 zl Q w ,• �of 3 W r ; > MICA r 47 tilt I .00 oEt z �. a ''F •LL•kl� �' I iZG"LLL e,oZ,SL,[e N (�l,Gk LLt �,at.La�l ul � w I s Q ` U �I N Q Z4 A � d V s >- �. t7 3 t '> a T A P K0 U_ 0 f 9 o o IS ' Z w 1 I or a ° 1 arca.1 Mar Da,4, ,1l TPM, S-e 7 M x 1 1 M M CO) v M z 0 Llm 1 %,I x n rpor-ow 41' a o � O ' m `\ o M r°r° a,/ �°' a 0 r 0 M R% o N D \R�/ T Z \ -I /p n O Y / Z � b \ > �n M -- pl r.0 n \ -1 o,w m \\ asa — - -- — -- ,n Rn o Om o \ \ D -- o PRELIMINARY MASTER PLAN FOR C#) ROBERT &. WENDY FISHER R 8925 ATASCADERO AVE, 1 MAR. '87 EXHIBIT D - Findings for Approval TPM 5-87 (Fisher) April 7, 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. EXHIBIT E - Conditions of Approval TPM 5-87 (Fisher) April 7 , 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 reg- istered civil engineer, shall be submitted for review and approval by the Community Development and Public Works Departments prior to recording the final map. 4. Drainage work and facilities shall be constructed to City of Atas- cadero standards prior to recording a final map. 5. Wastewater disposal shall be by connection to the public sewer. 6. Obtain sewer connection permits from the Public Works Department prior to hooking up to the public sewer . 7. A sewer annexation fee for the newly created parcels shall be paid prior to recording the final map. 8. A sewer connection fee for each single family lot shall be due in addition to usual connection, tap-in, and installation fees prior to issuance of building permits. 9. Provide sanitary sewer easements to the existing sewer easement at a size and location (s) acceptable to the City Engineer. 10. A new fire hydrant shall be installed to City standards at the intersection of the private road and Atascadero Avenue. 11. Obtain an encroachment permit from the City of Atascadero and con- struct a City Standard drive approach as directed by the encroach- ment permit prior to recording the final map. 12. Plan and profile drawings of proposed individual driveways, drive- way easements and private roads shall be submitted for approval by the Community Development and Public Works Departments in order to determine average grade and appropriate improvement requirements. Conditions of Approval TPM 5-87 (Fisher) Page Two 13. Road improvements to the private road shall be to the following standard and shall be completed prior to recording the final map: a. 16 foot wide all-weather traveled way. b. 20 foot wide graded road bed. 14. 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. 15. An irrevocable offer of dedication to the City of Atascadero for the following right-of-way for future road purposes shall be made and noted on the final map: Street Name: Atascadero Avenue Limits: Entire frontage of subject property Minimum Width: 30 feet from the centerline 16. An offer of dedication to the public for the Public UtilitiesS Easements shall be made. 17. All offers of dedication shall be completed and recorded prior to or simultaneously to recording the final map. 18. Participate in eliminating a portion of the flood hazard to the property by posting a performance security with the City to be used for a drainage improvement project for channelizing the out- flow from Atascadero Lake to Atascadero Creek. In the event that a future assessment district is formed for the area drainage im- provements that include this project, then credit in the amount of the deposit will be applied towards final apportionment of the assessment if allowed by the assessment district proceedings. This shall appear as a note on the final map. 19 . 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. is Conditions of Approval TPM 5-87 (Fisher) Page Three b. A recently updated preliminary title report shall be sub- mitted 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. 20. 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. EXHIBIT E - Conditions of Approval (R E V I S E D) TPM 5-87 (Fisher) April 7 , 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 reg- istered civil engineer, shall be submitted for review and approval by the Community Development and Public Works Departments prior to recording the final map. 4. Drainage work and facilities shall be constructed to City of Atas- cadero standards prior to recording a final map. 5. Wastewater disposal shall be by connection to the public sewer. 6 . Obtain sewer connection permits from the Public Works Department prior to hooking up to the public sewer . 7. A sewer annexation fee for the newly created parcels shall be paid prior to recording the final map. 8 . A sewer connection fee for each single family lot shall be due in addition to usual connection, tap-in, and installation fees prior to issuance of building permits. 9. Provide sanitary sewer easements to the existing sewer easement at a size and location (s) acceptable to the City Engineer. 10. A new fire hydrant shall be installed to City standards at the intersection of the private road and Atascadero Avenue. 11. Obtain an encroachment permit from the City of Atascadero and con- struct a City Standard drive approach as directed by the encroach- ment permit prior to recording the final map. 12. Plan and profile drawings of proposed individual driveways, drive- way easements and private roads shall be submitted for approval by the Community Development and Public Works Departments in order to determine average grade and appropriate improvement requirements. • Conditions of Approval TPM 5-87 (Fisher) Page Two 13., Road improvements to the private road shall be to the following standard and shall be completed prior to recording the final map: a. 16 foot wide all-weather traveled way. b. 20 foot wide graded road bed. 14. 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. 15. An irrevocable offer of dedication to the City of Atascadero for the following right-of-way for future road purposes shall be made and noted on the final map: Street Name: Atascadero Avenue Limits: Entire frontage of subject property Minimum Width: 30 feet from the centerline 16. An offer of dedication to the public for the Public Utilities Easements shall be made. 17. All offers of dedication shall be completed and recorded prior to or simultaneously to recording the final map. 18. 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. Conditions of Approval TPM 5-87 (Fisher) Page Three . b. A recently updated preliminary title report shall be sub- mitted 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. 19. 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. Minutes - Planning Commission - April 7 , 1987 F set back at 25 feet, and the fact that the schoolross the street, he asked that a condition be imposed ate a 25 foot setback along the frontage and side of L s 5 the new street and along Atascadero Avenue and th be shown on the final map. felt that individual property owners shoul of be re- quired to p t in sidewalks until the school puts in a idewalk since the school take`�up two-thirds of the frontage on A - scadero Avenue and added some additional comments on the sidewalk ' sue. In response to quest,-n from Commissioner Nolan 'egarding the reword- ing of condition #26, r. Sensibaugh stated to applicant should give $500 towards downstream ainage improvemen , above and beyond the normal drainage fees for t 's area in lie of a offsite easements. Commissioner Lopez-Balbontin s ted tlat sidewalks will be needed in that area and there should be so sort of guarantee that the develop - r will participate in the cost o -'providing sidewalks. -He did not feel that the amended condition, on 'dewalks in the previous item was adequate. MOTION: By Commissioner Lopez-Balbontin approve Tentative Tract 4-87 subject t the findings and nditions contained in the staff report with the following modi 'cations: - deletion,-o4 f conditions #23 and #24 - addition of condition #31 (pertaining to ide setbacks (P g ) amen3ment to condition #26 The motion passed 3 :1 with a roll call vote; irman Bond �} ssenting. Commis.s*oner Michielssen.. took his seat back on the Commission. . 0 i.rman Bond called a recess at 11:05 p.m. ; meeting reconvened at :23 p.m. 5. Tentative Parcel Map 5-87 : Request initiated by Robert S. Fisher to allow subdivision of one parcel containing 1. 66 acres into three lots containing 0 . 5 acres, 0.5 acres, and 0 .66 acres. Subject property is located at 8925 Atascadero Avenue (Parcel A of CO 76-280) . Mr. DeCamp presented the staff report recommending conditional approv- al, but noting condition #18 should be deleted as it is already cov- ered by ordinance. In response to question from Commissioner Lopez-Balbontin, Mr . DeCamp responded that the 16 foot road width is adequate for Fire Department apparatus. Mr. DeCamp pointed out that the Fire Department has asked for the installation of a new fire hydrant at the intersection of Atascadero Avenue and the new accessway to the proposed lots which will provide them with additional fire protection throughout the area. 9 Minutes - Planning Commission - April 7, 1987 Brief discussion ensued concerning fire requirements. Robert Fisher , applicant, stated his agreement with the recommenda- tions contained in the staff report. Dennis Lockridge stated he shares a driveway with the applicant and pointed out that the flag lot will serve four homes when developed. He expressed his strong opposition to this application due to compati- bility, -°flood problems and flag lot development problems. He urged the Commission to -discourage continued development of flag lots. Dave Crawford, 8575 Portola Road, also spoke in opposition to the lot split stating there are severe drainage problems and the road is too narrow. Mr. Fisher stated that the driveway will be repaired and a culvert will be placed under the driveway to help with the drainage. There was some discussion concerning the drainage requirements in the area, as well as discussion concerning road widening. MOTION: By Commissioner Nolan to approve Tentative Parcel Map 5-87 subject to the findings and conditions contained in the staff report with the deletion of condition #18 ; seconded by Com- missioner Lopez-Balbontin. Commissioner Copelan asked Mr. Fisher for clarification on the dis- tance from the driveway line to the front of the property on Parcel 1. She expressed concern on the close proximity of the proposed homes to the driveway due to safety considerations. Motion passed 3 :2 with a roll call vote; Commissioner Copelan and Chairman Bond dissenting. one Change 1-87 : Re i,st initiated by Robert and Patricia Nimmo (Michael omans) to red--e the existing zoning from RSF-Z by adding armed Dev elopment Overlay (PD7) zoning designation. The overlay woul allow for a smal-L.lot subdivision. Subjects perty is located a 9385 Vista Bonita ('Lots 6, 7, and 10 thxjat g'1z 15 , Tract 5) . 6b. Tentative Tract Map 2-87 : Request initiated by Roberd ricia Nimmo (Michael Yeomans to allow a residenti_ -jr`esubdivisio f 8 lots into 9 lots, wit eight of the lots ying in size from 5, to 6 ,750 square fee for resident ' use and one 4. 94 acre lot r open space. Th psal includes a request to establish Tri Garcia Lan as oad name for a proposed private road. Subject operty i at 9385 Vista Bonita (Lots 6 , 7, and 10 through 15 , rac [,,,ropoed 10 ME C0 A • MEMORANDUM TO: City Council August 25, 1987 VIA: Michael Shelton, City Manager [tL-� - FROM: Henry Engen, Community Development Director , SUBJECT: General Plan Amendment 2E-87 LOCATION: 5599 Traffic Way APPLICANT: City of Atascadero (Parks and Recreation Department) REQUEST: To modify the Open Space and Conservation Element of the General Plan BACKGROUND: At the Council ' s meeting of August 11th, the attached Resolution No. 84-87 was considered to amend the General Plan to remove an obstacle to receipt of a State grant to improve the Traffic Way ball fields. The amendment included language pertaining to the Armory as being part of an overall area being proposed to be changed from proposed future industrial uses to a change indicating master planning of the overall area for "a mix of public and recreational uses" . ISSUE: The County is in the process of negotiating sale and or transfer of the Armory property to the state, and their appraisals have been pred- icated on continuation of essentially the status quo. The accompany- ing letter has been submitted in support of deleting any reference to the Armory as part of the General Plan Amendment under consideration. Staff has no objections to deleting specific mention to "National Guard Armory" in the amendment. RECOMMENDATION• 1. Approval of Resolution No. 84-87 with the proposed language in Exhibit A modified to read: i "l. Publicly owned property on Traffic Way from Olmeda to Bajada, including the two Little League fields and the sewage treat- ment plant area, shall be master planned for a mix of public and recreational uses. " HE:ph Enclosures: County Communication, dated August 18, 1987 Staff Report - August 11, 1987 Resolution No. 84-87 cc: Mr. Curt Sorg, General Services Department, SLO County i a ALOE 1550 COUNTY OF SAN LUIS OBISPO bepamment of gcncQal seQviccs COUNTY GOVERNMENT CENTER SAN LUIS OBISPO, CALIFORNIA 03408 (805)540- 200 DI ANE P. LER DIRECTOR i August 18, 1987 RECEIVE AUG 18 1987 Henry Engen, Community Development Director City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 ARMORY - 6P: 2E-87 and 2C: 10-87 The above referenced General Plan Amendment and Zone Change affects County owned real property which is presently leased by the National Guard for an Armory. The County is opposed to any change in the present status of subject real property. We would like any reference to the Armory site deleted from the General Plan Amendment and Zone Change. The National Guard and the County are presently concluding an exchange of real property. This transaction will , when completed, give fee title of the Armory site to the National Guard. It would not be prudent at this time to have the status quo of the armory site changed. Thank you for your time and assistance in this matter. CURTIS SORG Property Manager cjt/8331p 8-21 tJ� Li DA €7PA �r M E M O R A N D U M TO: City Council August 11, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director 4W-- SUBJECT: General Plan Amendment 2E-87 and Zone Change 10-87 LOCATION: 5599 Traffic Way APPLICANT: City of Atascadero (Parks and Recreation Department) REQUEST: To modify the Open Space and Conservation Element of the General Plan and amend the Zoning Ordinance pertaining to the Public (P) Zone. BACKGROUND: The Planning Commission conducted a public hearing of this matter at its July 21, 1987 meeting, and recommended approval of General Plan Amendment 2E-87 and Zone Change 10-87 . Resolution 38-87 was adopted May 26, 1987 , which approved the application for grant funds under the 1986 Community Parklands Act to develop the youth sports complex on Traffic Way. This request for funds is contingent upon the planned park improvements being consistent with the General Plan. On May 26 , the City Council also directed staff to prepare analysis and bring to public hearing this general plan amendment. The study area was ex- panded to include publicly owned property on Traffic Way from Olmeda -to Bajada. RECOMMENDATION• 1. Approval of Resolution No. 84-87 to amend the General Plan. 2. Approval of Ordinance No. 157 by title only. (1st Reading) 3. Approve Ordinance No. 157 to amend the Zoning Ordinance. HE:ph Enclosures: Staff Report - July 21, 1987 Resolution No. 84-87 Ordinance No. 157 B. ANALYSIS• The Atascadero Parks and Recreation Department has requested a modifi- cation to the Open Space and Conservation Element of the General Plan to allow expansion of the existing park facilities. The site is pres- ently developed with two Little League baseball fields and the old sewage treatment plant. The City Council has adopted a resolution approving an application for a grant under the Community Parklands Act to fund these proposed improvements. Public improvements must be found to be consistent with the City' s General Plan. However , the 1980 General Plan contains a policy that this area shall be designated for light-industrial uses and the baseball fields relocated. Further- more, the existing use is nonconforming under the Zoning Ordinance. Staff analysis will focus on general plan and zoning ordinance consistency. General Plan Language The Land Use Element contains Light Industrial Policies on Page 74. Policy #1 states that: "Light Industry land use between Traffic Way and Atascadero Creek and from the Armory to the railroad tracks shall be redesignated as a Light Industrial Park , with the specific design and land use criteria as described in Chapter XIII, Community Appearance. " This policy is referred to in the Open Space and Conservation Element. Page 86 states that: "Because the two baseball fields located adjacent to the sewage plant are designated for industrial uses in this plan, another site nearby shall be found to relocate them. " Several problems with this current language come to mind. First, the baseball fields are existing and there is not a site of suitable size with proper zoning (L-Recreation) in the area to accomodate them. Second, current land use designation on the south side of Traffic Way from Bajada to the railroad tracks is for industrial uses. Staff notes that this area is presently not fully developed. Additional va- cant land for light industry also exists along the El Camino/U.S. 101 corridor from Plata Lane to Santa Rosa. Thus, current City policy is to move existing baseball diamonds to create additional industrial land, when the need for such land is questionable. For these reasons, staff is recommending the deletion of these two general plan policies. Staff encourages the continued development of recreational opportuni- ties in Atascadero. This particular site has been underutilized for quite some time and represents several possibilities. A master plan to coordinate recreational and public uses is necessary. Policy language is suggested to ensure this. Zoning Ordinance Language In addition to not being in conformance with the General Plan, the expansion of the existing park facilities is not allowed under the Zoning Ordinance. Outdoor recreation services is not an allowed or conditionally allowed use in the Public (P) zone. A nonconforming use may not be enlarged, expanded, or extended to occupy a greater area of land. To change the zoning on the property to L (Recreation) , would limit the potential for a mix of recreational and public uses. The other choice is to add outdoor recreation services to the allowed uses in the P zone. Staff sees no problem with the compatibility between outdoor recreational and public uses. A master plan of development can see to a proper mix. Summary Staff is suggesting that the General Plan and Zoning Ordinance be amended to allow for expansion and upgrading of the youth sports com- plex on Traffic Way. Along with the recent improvements at Atasca- dero Lake Park and the creation of La Paloma Creek Park, this area can contribute to the recreational options of the City. Furthermore, the site contains the Armory building which may be a suitable site for a community center . A master plan of development is the proper method to determine site design. C. RECOMMENDATION: Staff recommends approval of General Plan Amendment 2E-87 and Zone Change 10-87 subject to the findings in Exhibit E and F. DD:ph Attachments: Exhibit A - Loction Map (zoning) Exhibit B - General Plan Land Use Map_ Exhibit C - Supplemental Development Statement Exhibit D - Land Use Definition - Zoning Ordinance Exhibit E - Draft Resolution Exhibit F - Draft Ordinance i 7 NO MEN i► 00 IMAM OR a. � ass - 1111 ERNIE ML air , ,..- , •�.�,��. .. , ' .�•'••. I ♦ I � LY�1��LLYY��1111I q. � • � � � 1D:• \\ 1 _ V f F M E M O R A N D U M EX G SUPPLEMEM TAL . DEVELOPMENT— STA T'EM E 0'7—• April 27 , 1987 7, To: Community Development Department From: Parks and Recreation Department Subject : Request for General Plan Amendment (Traffic Way Softball/ ` Baseball Fields) The Atascadero Parks and Recreation. Department is requesting the Planning Commission initiate a General Plan Amendment at 5599 Traffic Way. This area is currently being used for recreation purposes by the youth of Atascadero. n S. This area (APN 29-091-07) is currently designated for industrial uses in the General Plan, and these fields should be re-located to meet x: the current language. It is the request of the Parks and Recreation Department to have the current language in the General Plan eliminated, and allow for "Recreational" use of the existing area. - It is our intent to make major improvements in this area in the future , and it is neces- sary that we be able to provide certification to the State of California that the improvements planned for this area are consistant with theark and recreation plan, p �3:. This project is a priority to the department and to the City Council , and request your assistance in amending the General Plan to allow for continued recreational usage of this area. r; .:t r.. 5 •� - �'� EXH 161T D ADOPTED JUNE 27, 1983 LAND U S E DE FINlTION Includes a building, or portion of a building, used and/or designed as a residence for ,two or more families living independently of each other (includes duplexes, triplexes and apartments) . Offices: Establishments engaged in performing a service in a profesional office including; engineering, architectural and surveying services; real estate agencies; non-commercial educational, scientific and research organizations; accounting, auditing, and bookkeeping services; auth- ors, writers, artists, etc. ; advertising agencies; photography studios and small commercial art studios; employment agencies and stenographic services; reporting services; data processing and computer services; management, public relations, and consulting services; detective agen- cies and other similar professional services; attorneys; and counsel- ing services (provided by individuals other than licensed psychia- trists, which are included under "Health Care Services") . Organization Houses: Residential lodging houses operated by membership organiations for the benefit of their constituents and not open to the general public. Also includes fraternity and sorority residential houses and religious residential retreats.. Outdoor Recreation Services: Facilities for various outdoor sports and recreation, _ including: amusement and kiddie parks; golf courses, golf driving ranges and miniature golf courses; skateboard parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis clubs and facilities; play lots, playgrounds and athletic fields; recreation and community centers. Paper Products: Includes the manufacture of pulps from wood, other cellulose fibers, and rags; the manufacture of paper and paperboard; and the manufacture Of paper and paperboard into converted products such as paper coated off the paper machine, paper bags, paper boxes, and envelopes. Also includes building paper and building board mills. Paving Materials: Manufacturing establishments producing various common paving and roof- . ing materials, including paving blocks made of asphalt, creosoted wood and various compositions of asphalt and tar. Personal Services: Service establishments primarily engaged in providing services gen- erally involving the care of the person which are not medically rela- ted, including: beauty and barber shops; shoe repair shops; saunas and hot tubs; dry cleaning pick-up stores and small scale dry clean- ers without pick-up and delivery services; clothing rental; dating and escort services; and related facilities'. Petroleum Extraction: Resource extraction establishments primarily engaged in: Producing crude -petroleum and natural gas; recovering oii from oil sands and shales; producing natural gasoline and cycle condensate. Activities 3-72 0 RESOLUTION NO. 84-87 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING GENERAL PLAN AMENDMENT TO AMEND THE TEXT OF THE OPEN SPACE AND CONSERVATION ELEMENT OF THE CITY'S GENERAL PLAN (GP: 2E-87) WHEREAS, the City Council of the City of Atascadero has adopted Resolution 38-87, approving the application for grant funds under the Community Parklands Act of 1986 for the youth sports complex on Traffic Way; and WHEREAS, the State Department of Parks and Recreation requires certification that the planned recreational improvements are consis- tent with the City' s General Plan; and WHEREAS, the City' s Parks and Recreation Department has initiated a general plan amendment relative to the Open Space and Conservation Element of the general plan; and - WHEREAS, the City Planning Commission of the City of Atascadero conducted a public hearing on subject matter on July 21, 1987 ; and WHEREAS, Government Code Section 65356 provides that a general plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1. The proposed general plan amendment recommended by the Plan- ning Commission is consistent with the goals and policies of the general plan by providing direction for the location of selected public and recreational uses. 2. The proposed general plan amendment will not have a signifi- cant adverse effect on the environment, and preparation of an Environmental Impact Report is not necessary. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GP 2E-87 as follows: 1. Amendments to the text as shown on the attached Exhibit "A" . On motion by and seconded by the resolution was approved by the following roll call vote: AYES: NOES: Resolution No. 84-87 Page Two ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MI HA LTON, City-Nmanager APPROVED AS TO FORM: Y G. -J ENSE , City Attorney ARE BY HENRY ENG4pr Community Development Director E141B1T A GN 2E - 8-7 _Liaht Industrial Policy Proposals D E L E T E 1. Light Industry land use between Traffic Way and Atas- I �' cadero Creek and from the Armory to the railroad tracks shall be redesignated as a Light Industrial Park, with I the specific design and land use criteria as described f in Chapter XIII, 60MMUNITY APPEARANCE. The area along the west side of El Camino Real from Curbaril Avenue south to the Commercial use at the Santa Rosa overpass shall also be upgraded to the status of Industrial Park. n Additional areas for light industrial development near Ferro-car_ril Avenue should be considered if the permitted uses would not adversely affect the sur- rounding properties and could not be more appropriately located in existing areas . Light industrial uses outside the Urban Services Line shall be examined and reviewed, on an individual basis, to insure that there is no conflict between the intensity of the land use and minimum parcel sizes. Sewage disposal shall be a prime factor .for consideration. Further review and analysis, including economic studies, should be made concerning industrial needs in order to enhance employment opportunities and to encourage a broad and diversified economy within the City. Potential sites for future industrial devel- opment should be evaluated in conjunction therewith. 74 . E X H i E IT A (LONT) G- P 2 -137 landscaping with appropriate trees and shrubs would enrich the now barren appearance of the west end of the nark. More (and more attractive) trash receptacles and a stricter maintenance program are desirable. The successful reactiva- tion of the fountain by community groups suggests that further community and service club donation of money, talent and time is the route to follow in restoring this small remaining fragment of what was once one of the glories of Atascadero. The Chalk Mountain Regional Park is a County project with is nearly completed. In 1970 , the State of California declared 200 acres of Atascadero State Hospital to be surplus . The Board of Supervisors directed the Planning Department to explore the feasibility of constructing a golf course and related facilities. In 1973, a 10-vear minimum development plan was approved in principle by the Board of Supervisors. In 1977, having funded the project, the Board has directed the implementation of Phase I. Maps VI-3 and VI-3A. Of the three Little League Baseball Fields, two are located in the sewage plant area and one in the Atascadero Lake Park area. The acreages are about 1. 5 and 1. 0 , respectively. DELETE Because the two fields located adjacent to the sewage plant S E N T E N C p are designated for industrial uses in this Plan, another .site near _v shall e found to relocate them. In addition, the northeast octant needs a field. The Wranglerette Arena is an area of 5 acres of bottomland, consisting of a fenced arena, clubhouse and improvements, along with 25 acres of Salinas River bed. In event of dissolution of the organization, this property cannot be sold for profit of the membership and possible would be deeded to the community. Neighborhood Parks: provide recreational opportunities not available on prrya.te residential land. They can be. coot- dinated in a community recreation program that, meets; th.e. needs of all age groups. These parks shall be properly, located so they best serve th.e population intended to use them. Examples of recreation facilities that shall be con- sidered include: community rooms, playgrounds and picnic equipment, ball fields and courts, 1. All school grounds shall be avilable .for public rec- reational use when classes are not in session, as shall the High School tennis courts and 50-meter Olympic pool when not in scheduled use. 2. An area of approximately five acres shall be acquired adjacent to each new school site wherein playground and recreational facilities could be constructed to supple- ment school facilities. ADD �4 PUBLIC—Ly OWNED PROPERTY ON —rKAFFIG WAY FROM OLMEDA TD 6ASADAcINCLUDINC— THE TWO LITTLE LEAGUE FIELDS TOE SEWAGE k.MJ-r AREA AND THE MAT-ID NAL GUARD AI?MGRY SFIALL 13E AAASTEP PLANNED FOR A MOX OF PUSLIG AND I?ECREAT'IONAL ( IGE7G. n , M ha M E M O R A N D U M TO: City Council August 25, 1987 VIA: Michael Shelton, City Manager t,11. FROM: Henry Engen, Community Development Director yv SUBJECT: Zone Change 10-87 : 2nd Reading of Ordinance No. 157, Amending the Zoning Ordinance text pertaining to the Public (P) Zone BACKGROUND/RECOMMENDATION: This Ordinance had first reading approval on August 11, 1987 . Rec- ommend approval of Ordinance No. 157 , second reading. HE:ph Enclosure: Ordinance No. 157 ORDINANCE NO. 157 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT RELATIVE TO ALLOWED USES IN THE PUBLIC ZONE (ZC: 10-87) WHEREAS, the proposed Zoning Ordinance Amendment proposes stand- ards 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 .Regulations; and WHEREAS, the proposed amendment will not have a significant ad- verse effect upon the environment and preparation of an Environmental Impact Report is not necessary; and WHEREAS, the Atascadero Planning Commission held a public hearing on July 21, 1987 and has recommended approval of Zoning Ordinance Text Change 10-87. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. After conducting a public hearing, the City Council finds and determines that: 1. The proposed zoning text amendment would be in compliance with the City of Atascadero' s General Plan. 2. Pursuant to the California Environmental Quality Act, the Negative Declaration granted the project by the Community Development Director is appropriate. Section 2. Zoning Text Change. Zoning Ordinance Text Amendment 10-87 is approved to change the text of the Zoning Ordinance to read as follows: 1. Section 9-3. 422 is modified to add subsection (t) Outdoor Recreation Services (see attached Exhibit A) . e Section 3 . Publication. ORDINANCE NO. 157 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 the City in accordance with Section 36933 of the Government Code: shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and ef- fect at 12:01 a.m. on the 31st day after its passage. On motion by and seconded by the motion was approved by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: t%41-Ja/t, #PEPAR Y ORG SEN, City Attorney D . HENRY ENGEIV Community Developm t Director EXHIB1T A ADOPTED JU14E 27, 1983 24N E C NAN -E !D-S P (Public) zone 9-3. 421. Purpose: This zone is established to provide suitable locations and standards for the maintenance and development of public facilities and services. 9-3.422. Allowable Uses: The following uses shall be allowed in the Public Zone. The establishment of allowable uses shall be as pro- vided by Section 9-2.107 (Plot Plans) and Section 9-2.108 (Precise Plans) : (a) Broadcasting studios (b) Caretaker residence (See Section 9-6.104) (c) Cemeteries (d) Collection station (See Section 9-6.130) (e) Health care services (f) Libraries and museums (g) Offices (h) Temporary offices (See Section 9-6.176) (i) Pipelines (j) Public assembly and entertainment (k) Schools '(See Section. 9-6.125) (1) Skilled nursing facility (See Section 9-6.134) (m) Social and service organizations (n) Temporary events (See Section 9-6.177) (o) Temporary or. seasonal retail sales (See Section 9-6 .174) (p) Transit stations and terminals (q) Utility service centers (r) Utility transmission facilities (s) Accessory storage (See Section 9-6.103) ADD - (T) OUTDOOR REC2EA-Fio SERVICES 9-3. 423. Conditional Uses : The following uses may be allowed in the Public Zone. The establishment of conditional uses shall be as 3-46 ff`t'�7 zslZ��` ,3/ i r o � • M E M O R A N D U M TO: City Council August 25, 1987 VIA: Michael Shelton, City Manager �_ FROM: Henry Engen, Community Development Director SUBJECT: Zone Change 5-87: Second Reading of Ordinance No. 156 (8430 Santa Rosa Road: Don Messer/Cuesta Engineering) .BACKGROUND/RECOMMENDATION: This Ordinance had first reading approval on August ll, 1987. Recom- mend approval of Ordinance No. 156 , second reading. HE:ph • Enclosure: Ordinance No. 156 ORDINANCE NO. 156 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION MAP NUMBER 22 OF THE OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO BY REZONING CERTAIN PROPERTY AT 8430 SANTA ROSA ROAD FROM RS (RESIDENTIAL SUBURBAN) TO RSF-Y (RESIDENTIAL SINGLE FAMILY, ONE ACRE MINIMUM) (ZC 5-87 : 8430 SANTA ROSA ROAD) 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 impact upon the environment and preparation of an Environmental Impact Report is not necessary; and • WHEREAS, the Atascadero Planning Commission held a public hearing on July 21, 1987 and has recommended approval of Zone Change 5-87. 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 use and zoning. 2. The proposal is consistent with the General Plan. 3. The proposal will not result in any significant adverse envi- ronmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. Map Number 22 of the Official Zoning Maps of the City of Atasca- dero on file in the City Community Development Department is hereby amended to reclassify the area shown on the attached Exhibit "A" from RS (Residential Suburban) to RSF-Y (Residential Single Family, one acre minimum) . Ordinance No. 156 Page Two Section 3. 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 the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and ef- fect at 12:01 a.m. on the 31st day after its passage. On motion by and seconded by the motion was approved by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager Ordinance No. 156 Page Three APPROVED AS TO FORM: rEG. JOR SE City Attorney DY: HENR ENGEN, Community De elopment irector I � 1 r ► � t L �� o AQP 3�AGNDAdA SliEM Z� • M E M O R A N D U M TO: City Council Members August 14 , 1987 FROM: Michael Shelton ��` City Manager SUBJECT: DIRECT ELECTION OF MAYOR SURVEY In accordance with pervious Council comments and request by Council at the August 11, 1987 City Council Meeting, the follow- ing is a proposed survey requesting citizen input as to the com- munity' s desire to place the Mayor selection issue on the June, " 1988 ballot. Attached is a proposed survey that could be printed in both the Atascadero News and the North County Edition of the Telegram Tribune. The publishing date proposed would be September 9 and 10 , respectively. The survey requests responses to be sent to the City Clerk' s Office for tallying and report to Council. As an alternative, Council may wish the responses be sent directly to Council in care of the Mayor. It is important for Council to consider survey introduction and wording to insure no ambiguity. Survey intended meaning and interpretation hopefully would not be clouded. FISCAL IMPACT: The fiscal impact to print the following questionnaire in both the Atascadero News and the North County Edition of the Telegram Tribune once would be approximately $200-300 . ALTERNATIVES: Council may wish to do a direct-mail-out rather than a newspaper article. Estimated cost would be $700-$800 if sent to every household. Council may direct the issue to be on the next ballot without an advisory survey. Council may discontinue or delay consideration of the issue. Council may wish to do a more scientific survey (perhaps using Cal Poly students) in which random sampling techniques • could be utilized. ACTION: Direct City Clerk to have published in the Atascadero News and Telegram Tribune, North County Edition the attached survey on dates specified, tally results, and report results at the October 13, 1987 Council Meeting. MS:kv File: MMAYORI • • MAYOR SELECTION SURVEY Y The- City_ Council is presently considering a ballot issue to haver- City residents decide if the nMayor of the City of Atascadero should continue to be selecteil; under the present procedure- or changed to have the public directly select the Mayos_._ Alternatives are as follows: r Retain . Current Practice - Rotatioriarl Mayor , selected from ,-among five (5) elected Council Members by majority Council- nominations. Mayor appoint- is by this method in the past have resulted in one andetwo year appointments. Minimum- rotation consideration is rem red every two (2) years. Reappointment and lengthr<- appointment to be determined by majority Council. J or Change: to Citizen Selected Mayor - Mayar selected by the direct election of the people for o'a two (2) or four (4) year _term. Placing the"Mayor selection on the ballot' do estimated to cost $1, 500-2,000. The City Council is conduc-tting an informal survey _ requesting;_citizen input as to the advisal#tiity of puting this �. issue on ; Ithe June, 1988 ballot. Please :i.-, .ip ,this questionnaire and mail by= September 30 , 1987 to they City of Atascadero, City , Clerk ' s Office, P.O. Box 747, Atascadero, Ca. 93423. Your input-- is sincerely appreciated. � y (clip and send) Mail to: City of Atascadero ac City Clerk ' s Office 0 ` P.O. Box 747 Atascadero, Ca. 93423 a . Please Check One Box P , MAYOR SELECTION / -Retain Current Practice �n (Mayor selected by majority ;e . of elected Council Members .e / Change to Citizen Elected Mayor _i ` (Mayor selected by direct elation of the people) e Are you a registered voter living witbri.n the City of Atascadero? o Yes /-/ No � I i Mc_ U AG 7NDA A N D • M E M O R A N D U M TO: City Council August 25, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director K1 SUBJECT: Freeway Sign Policy (continued from July 28, 1987) BACKGROUND: .At the Council ' s July 28th meeting, there was discussion of Council concerns relative to the City' s sign policy (refer to attached July 28, 1987 staff report) . Action of the Council was to direct staff to prepare a report discussing alternatives in the sign ordinance and to review the Planning Commission's level of authority on this matter . ANALYSIS: Existing Sign Policy - At present, the Planning Commission has au- thority for approval of conditional use permits for any freeway iden- tification sign (see attached zoning excerpt) . There is little in the way of written guidelines as to what constitutes a freeway identifica- tion sign and when such signs should or should not be granted ap- proval. In 1986 , there were 22 conditional use permits considered by the Plan- ning Commission. Five were for freeway signs, six were for other types of signage approvals, and eleven were to establish uses requir- ing conditional use permits. In total, signs constituted 50% of the use permit agenda workload. Planning Commission Responsibilities - The attached memorandum dated July 28 , 1987 recites the role of the Planning Commission with respect to permit applications. Note that variances and conditional use per- mits are assigned for final determination by the Planning Commission unless appealed. Appeals can be initiated by any aggrieved party accompanied by a $100 fee. Planning Commissioners may appeal staff determinations (as on precise plans) and any member of the City Coun- cil may appeal any determination thereby generating a public hearing before the Council. There is no fee required with appeals filed by either a Planning Commission or City Council member . As part of the Council' s last discussion on this subject, it was noted that final determinations on conditional use permits and/or freeway • signs could be made to come to the City Council, either as a consent agenda item or as a public hearing matter . Disadvantages of having conditional use permits come to the Council • include: 1. adding three weeks to the time it takes to get a decision on a use permit 2. impacting City Council' s already full agenda 3. diminishing the role of the Planning Commission. In cases where Council is concerned over decisions made by the Plan- ning Commission on a project, the first thing that should be examined is the standards and criteria within the ordinance. With respect to freeway signs, it is staff' s opinion that the language in the zoning ordinance is too loose and should be amended with stronger criteria being set. PROPOSED FREEWAY SIGN CRITERIA: The Uniform Sign Code identifies a freeway sign as follows: "Freeway oriented sign (controlled access highway sign) - Any sign identifying premises where food, lodging, or places of busi- ness are located that engage -in supplying goods and services es- sential to normal operation of motor vehicles, and where busi- nesses are directly dependent on the adjacent freeway for busi- • ness. " It is recommended that the foregoing type of language be incorporated into the Zoning Ordinance and that Section 9-4.134 (f) Freeway Identi- fication Signs, be amended to limit freeway signage to include rest- aurants, gas stations, motels, and possibly the principal tenant - or center name - of a planned shopping, office, or industrial complex with five or more tenants. 'RECOMMENDATION: Following review and discussion as to appropriate criteria, initiate a zoning text amendment strengthening the criteria necessary for ap- proval of freeway identification signs. This will require staff anal- ysis and public hearings before the Planning Commission leading to a recommendation back to the City Council and a public hearing. ALTERNATIVE: If it is the City Council' s desire to require that conditional use permits be approved by the City Council, this would require initiation of a zoning text amendment to limit the authority of the Planning Com- mission through amendment of the zoning ordinance. HE:ps Enclosures: Staff Report - July 28, 1987 Memorandum: Planning Commission responsibilities and appeals process - July 28, 1987 cc: Planning Commission M E M O R A N D U M TO: City Council July 28, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director LYE SUBJECT: Freeway Sign Policy BACKGROUND: Several members of the Council have expressed concerns over freeway sign construction in the City. Freeway identifications signs are de- fined as "an on-site sign permitted for a highway-oriented use" in the Zoning Ordinance. The purpose of this memorandum is to outline the City' s procedures with respect to freeway signs. GENERAL PLAN REFERENCES: The General Plan contains the following language with respect to signage: "The key to optimum commercial development in A P p tascadero is: . . . (4) Location of highway businesses near key freeway accesses. " "Commercial uses shall be developed in clusters to encourage con- centrations of compatible retail trade service. Each cluster shall be developed in a coordinated architectural design. The signing and identification of the stores in each cluster shall be combined, thus reducing the confusing clutter . " "Tourist commercial provides for, uses that serve the traveling public such as motels, restaurants, and automotive services. These services are properly located at intersections of major inter-community routes where permanent access are constructed and which have some high aesthetic value. " "Development of these areas shall relate strictly to the environ- mental and aesthetic principles suggested in the Atascadero policy statement and outlined in the Community Appearance chapter of this Plan. " "The appearance of the community along U.S. Highway 101 from Santa Barbara Road to San Ramon Road and along the Morro Road section of Highway 41 needs to be improved. This can be accomplished by: (a) Effective landscaping, using native shrubs, to screen land uses from the highway. (b) Banning-off premises outdoor advertising signs along these corridors. " "Outdoor advertising signs shall be eliminated along freeways and major highways. " "Freeway and other vehicular approaches to Atascadero shall be made more attractive through judicious application of the elements of landscaping and site development (i.e. , setbacks, building location, signs, vacant space) . " "Signing: Well designed and maintained signs properly related to the activities to which they pertain, are a necessary part of the community. Proper use of color , materials, and lighting, compatible with the surrounding area, is important. (a) Signing shall be in harmony with community standards, as applied to each development. (d) Lighting of signing shall be constant and be directed or shielded so as to not interfere with pedestrian or vehicular movement. (f) Off-site commercial signing shall not be permitted. " The City' s Appearance Review Manual sets criteria for signage but makes no specific mention of freeway signs. Criteria applicable to all signs calls for proper proportion, design as an integral architec- tural element of a project to which it relates, "colors, materials, and lighting, every sign shall be restrained and harmonious with the building and site to which it principally relates" , minimizing number of graphic elements, "each sign shall be compatible with signs on ad- joining premises and not compete for attention" , and a requirement that standard corporate logos conform to community sign criteria. EXISTING ZONING PROVISIONS: "The Sign Ordinance" is contained in the City' s Zoning Regulations (see attached excerpt) . " Highway identification signs or freeway iden- tification signs are permitted as a conditional use permit at the dis- cretion of the Planning Commission. Such signs may be up to 125 square feet in area and up to 50 feet above grade subject to criteria contained in the zoning ordinance which is rather general as to type of signage permitted. Special factors to be considered for freeway identification signs are noted in Section 9-4. 130 . The purposes for signing are noted as: (1) for identifying businesses, (2) serve as information bases, and (3) insure the safety of the general public by not creating distractions. In the earlier days following incorporation, freeway sign approvals were generally limited to signage identifying travel-oriented busi- nesses such as restaurants, motels, and gas stations. In recent years, the Planning Commission has taken a more liberal view and ap- 2 0 • proved freeway signage for such uses as a transmission shop, auto body shop, auto dealer, boat servicing facility, and general merchandise store. Staff has as a special study project the comprehensive re-write of the City' s sign provisions. Should the Council have a special concern for the freeway signage, it could initiate a zoning amendment to re-write freeway sign language to tighten the types of signage which can be approved along the freeway. This would require review and public hearing by the Planning Commission with the matter brought back to the City Council for action. RECOMMENDATION: Following Council discussion, initiate a zoning text amendment rela- tive to freeway signage with direction as to sign criteria desired. ALTERNATIVE: Following discussion, direct staff to incorporate new freeway sign criteria in its comprehensive re-write of the zoning ordinance' s sign provisions. HE:ps Enclosure: Zoning Excerpt - Freeway Signs 3 ADOPTED JUNE 27, 1983 - - enclosed, as follows: (a) Sign Faces Counted: Where a sign has two faces containing sign copy, which are oriented back to back and separated by not more than 36 inches at any point, the area of the sign shall be measured using one sign face only. (b) Wall Mounted Letters: Where a sign is composed of letters individually mounted or painted on a building wall, without a border or decorative enclosure, the sign area is that of the smallest single rectangle within which all letters and words can be enclosed. (c) Three-Dimensional Signs: Where a sign consists of \one or more three-dimensional objects such as balls, cubes, clusters of objects, or sculptural or statue-type trademarks, the sign area shall be measured as the area of the smallest rectangle within which the object (s) can be enclosed, when viewed from a point where the largest area of the object(s) can be seen. 9-4. 134. Sign Design Standards: The following signs are allowed subject to approval of a sign permit (Section 9-4. 132a) in addition to any exempt signs specified in Section 9-4.132b. (a) Commercial and industrial zones: The following signs are allowed in the CR, CP, CN, CT, CS, CPK, IP, and I Zones, pro- vided that the aggregate area of signs per site is not to exceed 100 square feet, unless authorized under Subsections d, f, or g of this Section. (1) One wall sign for each business or tenant, with an area equivalent to 15% of the building face, for each build- ing face having a public entrance, up to a maximum of 80 square feet. (2) One suspended sign with a maximum area of 10 square feet for each business or tenant. (3) One free-standing or monument sign for each 300 lineal feet of site frontage or portion thereof, with a maxi- mum area--of-..40 square feet and a_maximum height not to exceed1_0_ feet, except__for shopping, office and indus- trial complexes which are subject to Subsection d of -- this Section. (4) Shopping, office or industrial complex identification signing, where allowed by Subsection d of this Section. 5 Highway identification signinq, where allowed Fvr section e ot this Section. 4-41 ADOPTED JUNE 27, 1983 (b) Recreation and Public Zones: The following signs are al- lowed in the L, LS and P Zones, provided that the aggregate area of signs per site is not to exceed 100 square feet un- less authorized pursuant to Subsection g of this Section. (1) One wall sign for each business or tenant with an area equivalent to 10% of the building face, for each build- ing face having a public entrance, up to a maximum of 50 square feet. (2) One suspended sign with a maximum area of 10 square feet for each business or tenant. (3) One monument sign for each business or tenant with a maximum area of 32 square feet and a maximum height of five feet. , (c) Commercial or Public Assembly Uses in Other Zones: Where commercial or public assembly uses (churches, sports facili- ties, etc. ) are located in the Agriculture or residential zones, signing is allowed as set forth in Subsection b of this Section unless modified through Conditional Use Permit approval in accordance with Subsection g of this Section. (d) Shopping, Office or Industrial Complex Identification Signing: Such complexes with five or more separate usesor tenancies on a single site sharing common driveways and park- ing areas are allowed one common identification sign, with a maximum sign area of 60 square feet and with a maximum height of 10 feet. Where visible from a public street, signing on shopping center sites shall be of a uniform design, through- out the center as to the size, finished framing materials and aM�tw�niLo ovr r ln'1�j To .such signs. /nr o,oio�t�o�.r, 1�ac,! TF�rc L7 r,�,cy Nab _ (e) Community Identification Signs: Community identification signs are allowed on arterial streets entering the City, with a maximum area of 50 square feet and a maximum height of 12 feet. Such signing may include the name of the community, slogans or mottos, names of civic or religious organizations, but no names of businesses or commercial products. (f) Freewav Identification Si ns: I_n addition to signs allowed u sec ion a of t Section sites located in the-CR, , and CPK zones_,adjacent to Hway 17 or a Hi hway10 ron age road may be aut orized throu h Conditional Permit approvai ro use an onsite freeway identification sign witn a maximum area not to exceed 125 scruare e maximum heiqht for freewav identification signs is to b 50 feet above grade, provided that the Planning_-Commission may require a reduced height where deemed appropriate In reviewing a Conditional Use Permit, the following factors shall be considered. 4-42 4 ADOPTED JUNE 27 , 1983 . (i) The type of commercial_ activity requesting the signing and the need for such signing based on the purposes set forth in Section 9-4. 130 ; and The opportunity to combine signs for more than one use on the same sit n pole_ (iii) The availability of other ty2es of si2ning along e reeway; and (iv) The sign area and hei ht needed to achieve adecruate visiSility alon2 the freeway due to ram2 locations an grade differences. (g) Exceptions to Sign Area Standards: The sign area limita- tions of Subsections a through f of this Section may be Gu/� modified, increased or decreased by the Planning Commission through approval of a Conditional Use Permit. 9-4. 135. Sign Construction Standards: The design and construc- tion of signs is to be in accordance with the Uniform Sign Code, and the following: (a) Lighting: Signs shall be indirectly lighted by contin- uous, stationary, shielded light sources, directed solely at the sign, or internal to it. (b) Location: In residential districts, signs shall not be located closer than five feet to any property line except name and address signs in the front yard. 9-4 . 136. Sign Maintenance Required: All signs are to be proper- ly maintained in a safe and legible condition at all times. In the -ovent that a use having signing is discontinued for a period exceed- ing six months, all signs identifying the use and associated struc- tures shall be removed from the site, or in the case of painted signs, painted out. Signing which is not in conformity with the pro- visions of these Sections is subject to Section 9-7 . 109 (Nonconform- ing Signs) . 9-4 . 137. Exterior Lighting : The standards of this Section are applicable to all outdoor night-lighting sources installed after the effective date of this Title, except for street lights located within public rights-of-way and all uses established in the Agriculture zone. An electrical permit may be required by Title 8. (a) Illumination Only: Outdoor lighting shall be used for the purpose of illumination only and shall not be designed for or used as an advertising display, except as provided by Sec- tions 9-4 . 130 et. seq. (Signing) . 4-43 COPY INA1'F_ � RECEIVED J U L 2 '71987 M E M O R A N D U M CITY MGR. TO: Mayor and City Council July 28, 1987 FROM: Henry Engen, Community Development Director SUBJECT: Planning Commission Responsibilities and Appeals Process BACKGROUND: Several members of the Council have recently inquired on matters that come before the Planning Commission for final determinations and the City' s appeals process. PLANNING COMMISSION RESPONSIBILITIES: The enclosed memorandum dated May 20, 1985 highlights the matters that go before the Planning Commission and references those which have been assigned as a delegated responsiblity to the Commission, i.e. , condi- tional use permits and variances. Last year there were 22 conditional use permits heard by the Planning Commission and no variance applications. APPEALS RIGHTS : The enclosed section of the Zoning Ordinance notes that any person may appeal the actions of the Planning Division or the Planning Commission For individuals, an appeal must be accompanied by a $100 fee, but for members of either the Planning Commission or City Council, appeal fees are not required, but a letter stating the reasons for the appeal is required within 14 days of the decision being appealed. If any one has any questions on our current procedures, please feel free to call. HE:ps Enclosure: Matters coming before the Planning Commission - 5/20/85 Zoning Excerpt - Appeals cc: Michael Shelton, City Manager J Jeffrey Jorgensen, City Attorney City of Atascadero STAFF REPORT Item: A-5 FOR: Planning Commission Meeting Date: 5/20/85 BY: Henry Engen, Planning Director File No: Planning Com. Address: City-Wide SUBJECT: Matters coming before the Planning Commission The following is a summary of the matters that come to the Planning Commission for either recommendation to the City Council or for final action. 1. GENERAL PLAN AMENDMENTS. State law mandates the adoption of a seven-element general . It further requires that city actions on any land developmentlabe consistent with the General Plan. Amendments are permitted to be considered four times per year. The City has established a cycle whereby privately-initiated general plan amendments are heard twice a year. March 1 and October 1 are the application dead- lines. Should the City Council or Planning Commission wish to initiate general plan changes, this leaves two "slots" available for the remainder of the year . Any action to amend the general plan should be consistent with its goals. General Plan amendments may take the form of either text changes, map changes, or both. Final action on amendments is by the City Council on recommendation from the Planning Commission after pub- lic hearings before both bodies. 2. REZONINGS. Amendments to the City' s zoning ordinance also require public hearings before the Planning Commission and recommendations on to the City Council. All rezoning actions require findings that they are consistent with the General Plan. As with general plans, zon- ing amendments may either take the form of text changes or map changes. Text changes have to be authorized for processing by the Council before they may proceed to a public hearing. 3 . ZONING APPROVALS. The City Zoning Ordinance establishes procedures for a entitlements that are summarized as follows : number of a. Plot Plans : This is site plan review of plans for a build- ing permit authorized by the ordinance done at staff level. b. Precise Plan: These are projects that are also processed at staff level which are required by the California Environmen- tal Quality Act (CEQA) to have an "environmental determina- tion. " This means that they are of a scale or nature which is not exempt from CEQA. Precise plans, or their conditions of approval, may -- be appealed to the Planning Commission either the applicants or notified neighbors wish. if_ C. Conditional Use Permits: Conditional uses are _ jects which are allowed° within a zoning districtbut which, by their nature or magnitude, could affect surrounding areas. They are, therefore, delegated by the Zoning Ordinance to the Planning Commission for decisions. permit, certain findings must be made nbyrthe planningder to c a use Sion (refer to Section 9-2.109 of the zoning ordinance).om mis- d• Variances: Relief from literal stand- ards to enable Provisions of zoning stand- ard Property to be used in the same manner as sim- ilar in a district is also a delegated responsibil- ity of the planning commission. Rigid findings are required to approve variances (refer to Section 9-1.113 of the zoning regulations. ordinance) , to prevent compromising the intent of the City' s e• Adjustments: Staff is permitted to allow for adjustments of literal requirements of the zoning ordinance where reduc- tions in standards (e.g. parking) follow prescribed guide- lines. These are utine, but the applicant to the nPlanning erally ocommissiion.may be appealed - by 4. SUBDIVISIONS. Requirements for processing subdivision mans are the State Map Act. Essentially, these entitlemenspelled out in of the following kinds of maps depending on the number of lot form a• Parcel maps s. b• Tract maps (includes condominium conversions) C. Lot line adjustments The above reqi require review at the planning commission action by the council on the tentative map. Thereafter , fn and approval is required by` the city council when the nal map approval are guaranteed or completed. The key reviewoisltions of the ten- tative map review when conditions of approval are set and is consistent with the general plan. Again, specific finding themap required before any lot divisions can be approved, are In addition to the above, staff has authority to process types of map actions : two other a• Lot mercers: which is an alternative to filing a ma combine two or more lots into one. P to b• Certificate of compliance : These are frequently requested on benalr of individuals who require proof that their is a legal lot of record for sale, etc. These frequently require complex research. y �� ! ' 5. APPEALS. Virtually- any action of the staff may be appealed to the pinnin commission. Where the planning commission is the final decision- making--authority, the commission' s action may be appealed city council. to the 6. OTHER. - The attached Resolution No. 6-85 lists the various applications processed by the planning department staff (excluding building permits which are under a separate resolution). Again, any such action (such as home occupations) that would normally be issued by staff may be appealed to the planning commission. Further, road abandonments, road name changes etc. require hearings before the planning commission and city council before they can be finaled. There are also a number of procedural requests that are normally routine and for which fees have been established, e.g. time exten- sions, reconsiderations, continuances, etc. There is also provi- sion for a "planning commission interpretation" wherein individu- als or staff may seek clarification of language in the general plan or zoning ordinance. 7. ENVIRONMENTAL DETERI,SINATIONS. These are basic to virtually any entitlement in that mostjects• require a finding that the project will not have a signroificant adverse. . Q_ffect upon the environment ("negative declaration") or that the environmental report prepared for the project is certi- fied as complete, thereby paving the way for acting on the speci- fic project. HE:ps Enclosure: Resolution No. 6-85 (planning application fees) RESOLUTION NO. 6-85 A RESOLUTION OF THE ATASCADERO CITY COUNCIL REVISING AND ESTABLISHING PLANNING APPLICATION FEES WHEREAS, the Government Code provides that fees may be collected to cover the costs of processing applications and other planning ser- vices; and WHEREAS, it is appropriate to establish user fees and deposits which cover the cost of providing the services requested; and WHEREAS, the Planning Department has analyzed the cost of processin various types of development applications. g NOw, THEREFORE, the Council of the City of Atascadero does resolve to establish the following fee schedule for planning services: 1. ZONING APPLICATIONS Fee Home Occupation $ 15 Precise Plana Conditional Use Permit $ 200 Adjustment $ 300 Variance $ 35 Tree Removal Permit $ 250 Rezoning $ 35 - i•ia� - Mao - planned development $ 650 - Text $ 900 Pre-zonijlg $ 550 $1,100 2. GENERAL/SPECIFIC PLANS General Plan Amendment - text $ 650 General Pian Amendment - map $ 750 Specific Plan Initial Review $ 200 If Authorized $ Direct COSI + 24% 3. SUBDIVISION APPLICATIO:IS Tentative Maos Lot Line Adjustment $ 325 Parcel .pian $ 400 Tract Man $ 485 Condominium :•Sao $ 770 Condominium Conversion Map $ 640 Final Map Lot Merger $ 190 Certificate of Compliance $ 35 $ 75 0 Resolution No. 6- . • 4. ROADS Road Abandonment Road Name Change $ 330 Address Change $ 330 $ 170 5. PROCEDURAL REQUESTS Time Extensions - Precise Plan - Conditional Use Permit $ 40 - Subdivisions/Parcel Maps $ 40 Reconsideration Request $ 220 entitlement) q (of approved $ 150 Applicant-Requested Continuance $ 40 Ag Preserve Cancellation $ 420 Appeal - to Planning Commission $ 100 Appeal - to City Council $ 100 Planning Commission Interpretation $ 150 6. OTHER PLANNING SERVICES Annexations ----Initial Review - If Authorized $ 200 Environmental Impact Report Direct cost + 24% Consultant' s cost + 10% City Administra- Special Research Requests tive Fee Reports and Documents Direct cost + 24% Printing cost or Business License Fees $ . 10/page Drainage Plan Review (City Engineer) Seo Attachment A NOTE: CONSOLIDATED PROCESSING - Where more than one entitlement is being requested (e.g. , a conditional use adjust=aent) the processing fee shall be that ofrmtheand an costly entitlement. most NO;,i, THEREFORE, the Council of the Citi Of ro does resolve that this Resolution shall take effecttascadimmediately. further On motion by and seconded by . the foregoing resolution is hereby adop the following vote : ted in its entirety by AYES: NOES : ABSE:7T: ADOPTED: - 2 ADOPTED JUNE27, 1983 'tea 641 --- ' « - -- (S) In the event that a proposed use is found by the Plan- ning Director (or by the Planning Commission or City Council in an appeal) , to be not equivalent to any listed use, the proposed use shall not be allowed. 9-1. 110. Public Hearings: When a public hearing before the Plan- ning Commission or the City Council is required by this Title, such hearing shall be conducted as follows: (a) Notice of Hearin : Notice of a public hearing shall include the time and place of the hearing, a general descrip- tion of the request, the location of the site, and any addi- tional information which the Planning Director deems appro- priate. Such notice shall be given at least ten (10) days before the hearing by first class mail with postage prepaid to all persons whose names and addresses appear on the last equalized assessment roll as owning property within three hundred`-'Feet from the exterior boundaries of the parcel which is the su sect of the hearing. Such notice shall also be published at least once at least ten (10) days before the hearing in a newspaper of general circulation, published and circulated in the City, or if there is none, it shall be posted in at least three public places in the City. (1) If the number of notices required is greater than 1, 000 , as an alternative to the notice required by 9-1.110 (a) , such notice shall be given at least ten days prior to hearing by placing a display advertisement of at least one-fourth page in a newspaper of general circulation in the City or by placing an insert with any generalized mailing by the City, such as billing for City services, to property owners in the area required to be notified. (2) Persons filing a written request to receive any such no- tice shall be given notice by first class mail. A fee may be charged to recover the cost of such mailing. (b) Scheduling of Hearinq: When an application has been ac- cepted as complete for processing, received staff review, and a recommendation on the Environmental Determination or Envir- onmental Impact Report has been completed, it shall be sched- uled for public hearing on the next available Planning Com- mission agenda reserved for such matters. Ap_ls shall be scheduled on the Planning Commission or City Council agenda, as applicable, within thirty,_L30) days of receipt of the ap- peal. A public hearing on an application or appeal may be continued to. a date specific without providing additional notice. g_ 1.111. Anneal: Decisions of the Planning Department or Plan- ning Commission may be appealed by an aoplicant or ison --- --- --- - ----- any aggrieved—a - rieved includingthe PlanningCommission andthe - -- CitY and ndi-vidal �- members thereof. An appeal shall be filed in the form of a 1-6 ADOPTED JUNE 27, 1983 letter setting forth the reasons for the appeal. An appeal shall be accompanied by any fees required. Appeal fees shall not be required for appeals initiated by the Planning Commission or the City Council. When an appeal has been filed, the Planning Director will prepare a report on the matter and schedule the appeal for consideration by the appropriate body within thirty (30) days of receipt o . e appea . The hearing�ody may affirm, affirm in part, or reverse the action, decision or determination which is the subject of the appeal, based upon findings of fact regarding the particular case. Such findings 1 shall identify the reasons for the action on the appeal, and verify the compliance or non-compliance of the subject of the appeal with the provisions of this Title. Appeals relating to matters which are re- solvable through adjustment, variance or amendment of this Title, shall be processed according to the procedures of Section 9-1. 112, 9-1.113, 9-1.114 and 9-1.115 , respectively. (a) Planning Department Actions: Determinations on the meaning or applicability of the provisions of this Title which are believed to be in error, and cannot be resolved with staff, and any decision of the Planning Department to approve or deny an application may be appealed to the Planning Commis •sion. The Planning Department shall provide the Planning Commission and City Council with notification of its actions. Appeals shall be filed with the Secretary of the Planning Commission within'�'Vourteen days after the decision of the Planning Department. The appeal will be decided by the Plan- ning Commission following a public hearing conducted in ac- cordance with Section 9-1.110 (Public Hearing) . (b) Planning Commission Decisions: Any decision of the Plan- . ning Commission may be appealed to the City Council by filing a letter of appeal with the City Clerk within fourteen (14) days of the action of the Planning Commission. The Planning Department shall provide the City Council with notification of Planning Commission actions. Appeals will be decided by the City Council following a public hearing conducted pursu- ant to Section 9-1.110 (Public Hearing) . 9-1. 112. Adjustment: (a) When Allowed: When a standard of Chapters 9-4 or 9-6 identifies specific circumstances under which reduction of the standard is appropriate, an applicant may request an ad- justment to the standard. (b) Application Filing and Processing : An adjustment request shall be filed with the Planning Department as an attachment to the project application, and shall include appropriate supporting materials. The request shall specify the standard requested for adjustment and document the manner in which the proposed project qualifies for the adjustment. A request for adjustment shall not be accepted for processing by the Plan- ning Department unless the request is within the range of adjustments prescribed in the standard. A request for ad- 1-7 j .i - • MEMORANDUM To: Honorable Mayor and City Council Through: Michael Shelton, City Manager From: Paul M. Sensibaugh, Director of Public Works/City Engineer Subject : Historic Structures Report Date : August 18, 1987 Recommendation: Staff recommends that council direct staff to request proposals for the Historic Structures Report and to prepare a letter for • council 's signature requesting that the Heating, Ventilating and Air Conditioning be put to bid concurrently with the development of the above study, and that the decision to go forward on the study itself be based upon the cost of the same . Background: Plans and Specifications have been prepared for the Heating, Ventilating and Air Conditioning for the City Administration building. However, the Historic Preservation Office that administers the grant received for renovation has decided to require a Historic Structures report prior to bidding. Refer to the attached letters from Marion Mitchell Wilson, Mark Moore and Paul Sensibaugh. Discussion: Staff has resisted OHP ' s efforts to require a study that was not a condition of the grant and for which no monies are available . OHP, however, is not backing off of the new requirement and is asking council ' s desire regarding this issue and the implementation of the remaining funds . Unfortunately staff is faced with several unanswered questions : How much will the study cost? Can another grant be obtained to pay for the study? What will the study tell us? What affect will the study have on the HVAC design? How long will the study delay the accepted project? Options available to Council are : • 1) Complete the study at City cost . 2) Complete the study if a grant is obtained for the same . 3) Request proposals and review the cost prior to a decision. 4) Ignore the decision and bid the project at City expense , facing any consequences. 5) Return the unused portion of the grant and proceed with City funds, and ask for release from contract commitments of OHP future review. b) Pay back all grant monies and proceed as in #5 above . 7) Request assistance from political allies at the state level to reason with OHP. Fiscal Impact : The fiscal impact is unknown until the cost of the study is determined. The study may cost $20, 000 and up. The construction costs are expected to rise as time goes on and the scope could easily change based on the outcome of the study. If the scope changes additional engineering and construction costs will be realized. • j Schatt and Associat4s, Inc. sualwr'Al Suite i". San Luis Wspa, CA ?3arq ,IA. -I r Atnscaeery Mministrat-ion !�uiMirri TF7'71ject 7 "'11111fornia T'sark a -Vi vn.ecrcatianal Facilities Act of 19?4 of '531TV,V-30 to the Atuasv�,Jlcra Mministration "MCC Nn'�: -raQram. c At,acader­ is V)ie 'fars-ast !-.irant ewa—' Admintstr3ti-3n auildinq is a higMy sinnifitant hist'a' ric structum not Only to Z�­ 10C31 but stateraid'e. TN,? overall, r,?stora�ion ard, rehaliil station of ti%js u;1 #:Iis Cm p14x is teri-.s of strtictiiral an-i larchit'sct,('Wal detafls, and r-_nt=.n0on of hist-aric aAd significar.,t fabric vibith coqvey its sanSe of ,'Ame and pl--c--* O'�V/110p a AVr "Ji t_,o the r�,ha In i I I ta tion of Adm4 ni stralf.-ion :"Wi 1 d hi stakri C s truc-ttires •"j., r t 1, -11; vuc.I s rz '; sn ­- Prnr_ t11 tlie-j iV­ .�-hiral 'Ir J!"M! St_-ada Araico and I mmt ­ith t!ke Eincrablc llarj*rie r i t v t a 5 c a r r-f s r,I t e: f:D?,'r 5-a t *,jp c I is t* Mtc:lssed tha mmes:;ity -:,!*r a `11.storic Patruct,res ret-yort anal canct.-pr.uall d ren t a t o n lth,, v'a c :Q under:;tar,"s the ne.-e-d. for -'C� n report and c-mii-,rchensiveto erstim C It 31S 474 41 172 L'at IP -?rC _sn M2ti.0r, t.1-IS ir "r--n "s. ac�t!y and 11,2 Cily Iturd to- ;Is -if fort. ","ou will -;ro K,-i t-1 v *a r f'r:iii V "Ity in, t.,'-.e near 'Futurs as ncem r Serv,ay and Local !:i-zistance of 's '-�.zLerl C ?r�'S':-f-vat r,n " Fred H. Schott 81 Ass•ates Inc CIVIL&STRUCTURAL ENGINEERING•LAND PLANNING&ARCHITECTURE Fred H.Schott,P.E. Greg D.Wynn SAN LUIS OBISPO OFFICE Leonard G.Haeger,AIA Mark A Moore c cursor (805)544-1216 Kevin T.Devaney,P.E. Lane R.Bader Mark G.Wlttgraf W.Tim MCPartl SANTA MARIA OFFICE (805)925-3433 Jeffrey T Okamoto Clarence G.Ro 222`.esr Ccrrr.en-_cr,,a.;,:to "4 • ^nto P✓hrr�.t' :,rcrr.,c; I i David C.Poulson May 27 , 1987 Marion Mitchell-Wilson, Supervisor, Survey and Local Assistance Office of Historic Preservation Department of Parks and Recreation Post Office Box 2390 Sacramento, California 95811 Subject: Atascadero City Hall Rehabilitation (Project No. . 619-84-HP-40-135) Dear Marion: In reference to your April 14 , 1987 letter, we would like to clarify our understanding of the January 8 , 1987 on-site meeting. It was our purpose when requesting a site visit of the Office of Historic Preservation, to explain our intent in regard to the mechanical system previously proposed and designed for the Atascadero City Hall . We had communicated our proposal for the installation of the hydronic piping to Mr. Tom Winter on several occasions. Our understanding of OHP' s desires as explained by Mr. Winter, was the hydronic piping should be limited to the existing, vertical mechanical chases with horizontal runs excluded from the central corridors. We attempted to explain that this solution would necessitate added cutting and patching of existing walls and plaster and substantially greater construction costs. It would have also required the mechanical engineer to redesign the hydronic system creating a substantial additional fee for both design and revisions to the mechanical drawings . We supplied photographs documenting the existing fire sprinkler piping which already creates a visual intrusion and proposed three alternatives for an economically efficient solution with minimal visual impact. On November 19 , 1986 during a telephone conversation with Mr. Winter, he indicated that our solution of furring the flat ceiling at the first and second floor corridors 12" was acceptable provided that we used gypsum board rather than lath and plaster. On December 18 , 1986 we requested an on-site meeting with the Office of Historic Preservation. On December 23 , 1986 , Mr. Winter stated he could not and would not give approval on the bid documents. He deferred the decision to Marion Mitchell-Wilson, and said that the decision was to be made following her meeting in Atascadero. " • • Fred H. Schott & Associates, Inc. CIVIL&STRUCTURAL ENGINEERING •LAND PLANNING&ARCHITECTURE Fred H.Schott,P.E. Greg D.Wynn Leonard G.Haeger,AIA Mark A.Moore SAN LUIS OBISPO OFFICE (805)544-1216 Kevin T.Devaney,P.E. Lane R.Bader 2C0 Suturrcn iccd.Su ie�. n l.: ,.i <r:c,.Ca f.�m. �_'i01 Mark G.Wittgraf W.Tim McPartland SANTA MARIA OFFICE (805)925.3433 Jeffrey T Okamoto Clarence G.Rollins 222 West Ccrmen 1.0n2 S.:to.:,.1 6 :ro .tine.C:�i,fe i:'o`� l David C.Poulson MARION MITCHELL-WILSON, SUPERVISOR, page 2 May 27 , 1987 On January 8 , 1987 an on-site meeting was held with Marion Mitchell-Wilson, Fred Schott, Mark Moore, Paul Sensibaugh, and Don Lieb in attendance. Mrs. Mitchell-Wilson discussed the Office of Historic Preservation policy in administration of bond funds , after which Paul Sensibaugh, City of Atascadero Director of Public Works, presented the City' s intentions and overall goals. Mr. Schott reviewed the progression of decisions leading to the design of the mechanical system. Following the discussion, a brief tour of the building was made. Recently completed Phase II B work was viewed, in particular, the changes referred to in the September 10 , 1986 progress report. At the first and second floor corridors, the three aforementioned alternatives, their inherent problems and possible remedies, were discussed. The tour ended in the first floor rotunda (now being used as a museum) . Conversation turned toward the abundance of historic memorabilia contained in the museum. Mrs. Mitchell-Wilson said there were several sources of grants to finance historical studies (Historic Structure Report) , i. e. documentation of building changes from start of construction to the present. By compiling this report Mrs. Mitchell-Wilson felt it would be easier in the future to recieve funding for specific projects, i. e. relocation of fire sprinkler piping. It was our understanding the Historic Structure Report was a document possibly necessary for future funding of specific projects but would not effect work under the previously approved grant. Had we realized this document was to become a requirement to proceed with bid document approval , we would have immediately clarified our position. On August 19 , 1986 this office sent working drawings for Phase IIC of the Atascadero City Hall Rehabilitation to the Office of Historic Preservation for approval . On September 11 , 1986 , specifications and bidding documents followed. This office has had numerous conversations and discussions with the Office of Historic Preservation since August. It would seem that there was ample opportunity to request, require, or discuss the need for a Historic Structure Report. The first indication that this report was to become a prerequisite for approval came during a telephone conversation with Mrs. Mitchell-Wilson on February 11 , 1987 , six months from our initial submission of Phase IIC documents , and one year seven months from the beginning of the original performance period (July 23 , 1985) . Fred H. Schott & Associates, Inc. • CIVIL&STRUCTURAL ENGINEERING• LAND PLANNING&ARCHITECTURE Fred H.Schott,P.E. Greg D.Wynn Leonard G.Haeger,AIA Mark A Moore SAN LUIS OBISPO OFFICE (805)544-1216 Kevin T.Devaney,P.E. Lane R.Bader 2 v Subur�cn i<�J:7 5;to:. . .:ns bjcPo.c��!;f^rn, 9 .;1 Mark G.Wittgrat W.Tim MCParti SANTA MARIA OFFICE (805)925-3433 Jeffrey T Okamoto Clarence G.Rog 222 b:'e-t Cornier,,,cne :,,}� _ .; • . , to vicr,o t ? 54 Y � David C.Poulson MARION MITCHELL-WILSON, SUPERVISOR, page 3 May 27 , 1987 Page 10 ,- paragraph 4 of the Historic Preservation Component Procedural Guide states "The Historic Structure Report is used when the rehabilitation, restoration, or reconstruction of a historic building involves fabricating significant missing a-rchitectural- or landscape features, recapturing the appearance of a property at one particular period of its history, or removing later additions. " As our project falls into none of the aforementioned categories, we could - not have been expected to assume that an Historic Structure Report would be required. We do not feel we are being unreasonable in requesting that this requirement be applied to future phases of the work and that this project be allowed to proceed without further delays. If you have any questions, please do not hesitate to call us . Thank you for your cooperation and continued interest in our project. Sincerely yours, Mark A. Moore Project Manager MAM:mns •' ADMINISTRATION BUILDING • ��. POST OFFICE BOX 747 ATASCADERO, CALIFORNIA 93423 PHONE: (805) 466.8000 POLICE DEPARTMENT POST OFFICE BOX 747 ATASCADERO, CALIFORNIA 93423 CITY COUNCIL PHONE: (805) 466-8600 CITY CLERK CITY TREASURER CITY MANAGER INCORPORATED JULY 2, 1979 ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCADERO, CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (805) 466-2141 Ma-y--12, 1987 State of California Department of Parks & Recreation P.O. Box 2390 Sacramento, CA 95811 . Attention : Eugene Itogawa Subject : Historic Preservation Grants Dear Mr . Itogawa : I am in receipt of your letter of April 29, 1987 regarding OHP' s anxiousness to provide for prompt closure of existing grant projects . As you may know the City of Atascadero has received an extension on our completion date due to the size and complexity of our project . Unfortunately we cannot expect to meet your goal when OHP itself continues to slow our progress for matters that are critical to our design . As you can see by the attached letter from Ms . Wilson , OHP is now asking for a report in the middle of our project that was clearly never anticipated by the City . We have been trying to bid the third of four phases of our project for 7-1/2 months without success . In short it is difficult to be efficient in our management when OPH itself is blocking our path. With the experience we have had it is unlikely that I could recommend pursuing the additional grant to which you alude. Thank you for your information and allowing me to unload the City Council' s frustration with this project . They are questioning their $270, 000 match to the $300, 000 grant received. Very truly yours , PAUL M. SENSIBAUGH Director of Public Works/City Engineer cc : City Council City Manager __Fred .Shott .& Associates STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN,Governor DEPARTMENT OF PARKS AND RECREATION P.O. BOX 2390 SACRAMENTO 95811 (916) 445-8006 April 29, 1987 Mr. Paul Sensibaugh , Public Works Director City of Atascadero P.O. Box 747 Atascadero, CA 93423 Dear Mr. Sensibaugh: The Office of Historic Preservation (OHP) is currently in the process of reviewing and updating the project files of grant recipients awarded State funds during the first year cycle of the Historic Preservation Component of the California Park and Recreational Facilities Act of 1984. First year grant recipients were allocated funding starting with fiscal year July 1985. This letter is sent to all first year grant recipients in the interest of reminding all project managers of the importance of being aware of the grant completion schedule. All first year grant recipients should have a fully executed project agreement by this time. A valid project agreement must, without fail , be in place by June 30, 1988. Only project recipients with valid project agreements are eligible for financial compensation from the State. Once the project agreement has been signed, advancement of 10% of the State grant amount may be authorized to pay for planning cost expenses such as preparation of Historic Structures Report and the architecture plans. Reimbursement of expenses is allowable provided that the work is included in the project work scope, has been identified in the architectural plan, and has been completed during the project performance period. First year grant projects must be completed before June 30, 1990. In some cases , the existing project agreements with the State must be amended to provide an extension of time if the work will not be completed within the specified project performance period. Please evaluate your current work schedule to determine if an extension of time will be necessary. OHP has been advised that two separate legislations have been introduced in March 1987 for a possible 1988 Park Bond program. Provisions for $20 million for a historic preservation program are included in the language of both Prospective legislations. OHP is anxious to provide for the prompt closure of existing grant projects in anticipation of awarding future State grant funds to project recipients demonstrating timely completion of successful preservation projects. Mr. Paul Sensibaugh Page 2 April 29 , 1987 Projects which have not demonstrated a significant degree of progress by July 1987 shall be subject to program reevaluations. All first year project files are currently under review to insure that projects are completed in a timely manner. Project managers are requested to examine their project planning and development time frame and advise the OHP of potential project delays or changes in schedule. Please do not hesitate to contact this office, should you have any questions. Sincerely, \4 Eugene Itogawa State Park Grants Administrator Office of Historic Preservation Y-4590H/4592H • • STATE OF CALIFORNIA—THE RESOURCES AGENCY DEPARTMENT OF PARKS AND RECREATION GEORGE DEUiCMEJIAN,Governor P.O. BOX 2390 SACRAMENTO 95811 's (916) 445-8006 April 17, 1987 Mr. Paul M. Sensibaugh Director of Public Works City Engineer P.O. Box 747 Atascadero, CA 93423 Dear Paul : Atascadero City Hall Bond Act Grant Project Please excuse the delay in my sending a written confirmation of our discussion of January 8, during my on-site inspection. I have been in telephone contact with the project architect, Mark Moore, and reaffirmed the issues which we discussed at our meeting. 0 The Office of Historic Preservation administers the Historic Preservation Component: California Park and Recreational Facilities Act of 1984 for the purpose of preserving the most significant resources in the State of California. The highly competitive and limited funds available under this program are distributed for the purpose of assuring that the architectural and historical integrity of these significant resources is preserved in perpetuity. These are not "public works" grants, these funds should make the difference between a standard public works project and a quality preservation project. They are to be used in combination with local public funds already budgeted for the rehabilitation of a civic building. The Atascadero City Hall project application met these goals and therefore received the highest award possible under the 1984 Bond. It is for these reasons that we are committed to working with you to design the most sympathetic preservation project possible. We are aware that the City acquired the building from the County after they had done some very intrusive work. However, to continue in the same incremental fashion would not be in the best interest of the resource and will only acerbate the mistakes which have already been made. Therefore, it would be inappropriate for either the City or this office to initiate any further increment of work on this important civic building without understanding the overview for the entire preservation of the resource. For these reasons, I recommended at our meeting and have reaffirmed to Mr. Moore that a Historic Structures Report be compiled as soon as possible. An outline for such a report is enclosed. The documentation for a fine report exists within Mr. Paul M. Sensi baugh Page 2 April 17 , 1987 the museum on the first floor of the buildings. Volunteer work in coordination with the architectural work from Mr. Moore could develop a useful document that would serve to guide the City Council , the architect, and this Office, and could be developed into a sale publication for the museum as well . Based on the Historic Structures Report, schematic drawings of the overall restoration of the building for a multi-phased project for several years, if need be, could be developed. Out of these selected working drawings for the increments of work for which funds are available from a variety of sources, including the 1984 Bond, should be developed as those funds become available. The first priority, from the City's point of view, could be the mechanical system to make the building more comfortable. The heating and mechanical systems, however, should not be installed in an incremental fashion which might preclude the best and most economical design solutions for the future. We are aware of the City Council 's concern that they may have involved themselves in a program which requires the expansion of the project scope beyond their original intentions. However, the purpose of this grant program and its requirements were clearly outlined in the grant application, procedural guide, and project agreement. If, after reading this letter and understanding the goals and objectives of the Office of Historic Preservation and the 1984 Bond Act, the City Council chooses to withdraw from the rest of the program, the Office of Historic Preservation will be happy to revise the scope of work in the project agreement to that already completed. The City would be absolved from further obligation upon return of the remaining money. Please understand, however, that by entering into the contract agreement in the first place and having received funds from this Office., you have committed to this Office's review in the future. We are concerned that all work done on this property whether incremental or interrelated be done according to the Secretary of the Interior's Standards. If you have any further questions, do not hesitate to contact me at the above number. Sincerely, Ms . Marion Mitchell L-Jilson Supervisor, Survey and Local Assistance Office of Historic Preservation Y-4571H Enclosure Mr. Paul M. Sensibaugh Page 3 April 17 , 1987 cc: Mr. Mark Moore Mr. Fred Schott Associates Inc. Civil and Structural Engineering Landscaping and Architecture 200 Suburban Road, Suite A San Luis Obispo, CA 93401 • TO: City Council tV1 August 25, 1987 FROM: Gene Sibbach Treasurer SUBJECT: CITY INVESTMENT POLICY Attached is a draft statement of investment policy for the City of Atascadero. The policy clarifies the purpose of the City' s investments and sets constraints. I believe that, under this policy, improved earnings can result with minimal additional costs. RECOMMENDATION Council adopt the attached policy. • RESOLUTION 89-87 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING AN INVESTMENT POLICY WHEREAS, the City of Atascadero is required by State law to adopt a city investment policy for idle funds; and WHEREAS, it is the responsibility of the City Treasurer to propose such a policy; NOW, THEREFORE, BE IT RESOLVED that the City Council does adopt the attached investment policy to be used as a guideline by the City Treasurer for investing idle city funds. On motion by and seconded by the foregoing resolution is hereby adopted in its entirety, including attachment, by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: By: BARBARA NORRIS, Mayor City of Atascadero, California Resolution No. 89-87 Page Two BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: DA D G. O ENSEN, Finance Director Attachment CITY OF ATASCADERO STATEMENT OF INVESTMENT POLICY PURPOSE This Statement is intended to provide guidelines for the prudent investment of the City's temporary idle cash, and outline the policies for maximizing the efficiency of the City' s cash manage- ment system. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash. OBJECTIVE The City' s cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible. The City attempts to obtain the highest yield obtainable as long as investments meet the criteria established for safety and liquidity. POLICY The City of Atascadero operates its temporary pooled idle cash invest- ments under the prudent man rule (Civil Code Sect. 2261,et.seq. ) * Th affords the City a broad spectrum of investment opportunities as lon le as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 53600 et seq. ) Investments may be made in the following media: Securities of the U.S. Government, or its agencies - Small Business Administration Loans - Certificates of Deposit (or Time Deposits) placed with commercial banks and/or savings and loan companies - Negotiable Certificates of Deposit - Bankers Acceptances - Commercial Paper - Local Agency Investment Fund (State Pool) Demand Deposits - Repurchase Agreements (Repos) - Passbook Savings Account Demand Deposits - Reverse Repurchase Agreements Criteria for selecting investments and the order of priority are: 1. Safety. The safety and risk associated with an investment refers to the potential loss of principal, interest or a combination of these amounts. The City only operates in those investments that are considered very safe. • • 2. Liquidity. This refers to the ability to "cash in" at any moment in time with a minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occurs occasionally. 3. Yield. Yield is the potential dollar earnings an investment can provide, and sometimes is described as the rate of return. Safekeeping. Securities purchased from brokers/dealers shall be held in third party safekeeping by the trust department of the local agency' s bank or other designated third party trust, in local agency' s name and control, whenever possible. Investment Objective. The cash management system of the City of Atascadero is designed to accurately monitor and forecast expenditures and revenues, thus insuring the investment of monies to the fullest extent possible. Attempts to obtain highest interest yields possible as long as investments meet the criteria required for safety and liquidity are also part of this objective. City Constraints. The City of Atascadero operates its pooled idle cash investments under the Prudent Man Rule. This affords a broad spectrum of investment opportunities so long as the investment is deemed prudent and is permissible under currently effective legislation of the State of California and other imposed legal restrictions. The City Treasurer may utilize brokers or investment advisors, as may be required. Reasonable fees for such services may be paid by the City or may be deducted from the net investment earnings realized. The City strives to maintain the level of investment of all funds as near 100% as possible, through daily and projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the City Treasurer . The basic premise underlying the City' s investment philosophy is, and will continue to be, to insure that money is always safe and available when needed. GERE W. SIBBACH City Treasurer CITY OF ATASCADERO * The prudent man rule states, in essence, that "in investing . . . property for the benefit of another , a trustee shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the manage- ment of their own affairs . . . . " • M E M O R A N D U M TO: Michael Shelton, City Manager August 17, 1987 FROM: Henry Engen, Community Development Director .144; SUBJECT: Award of 4 X 4 Pick-up Trucks Bid BACKGROUND: As part of the approved FY 1987-88 budget, two 4 X 4 pick-up trucks were authorized for the Building Division at a maximum price of $11,000 each. Request for proposals were sought from some 12 local dealers and newspaper ads were published in the Telegram-Tribune and Atascadero News. ANALYSIS: As noted in the attached bid summary, five dealers responded with pro- posals with only Don Valley Mazda coming in under budget at $10 , 015. 52 • per vehicle, or a total of $20 ,031. 04. RECOMMENDATION: Accept bid proposal from Don Valley Mazda for two pick-up trucks for a total of $20, 031. 04. HE:ps Enclosure: Bid Summary: 4 X 4 Pick-Up Trucks • BID SUMMARY: 4 X 4 PICK-UP TRUCKS Agency Vehicle Per Vehicle Total Cost Price Don Valley Mazda 187 Mazda B2600 $10 ,015. 52 $20 , 031. 04 Pete Johnson 188 Chevrolet S-10 $11, 530 .00 $23, 060 .00 Stanley Motors 188 Dodge Dakota $11,955 .60 $23 ,911. 20 Paso Robles Ford 188 Ford Ranger $12,285 .28 $24, 570. 56 San Luis Nissan 188 Nissan "E" $12,128.00 $24, 256.00 • • • MEMORANDUM To: Board of Directors, ACSD Through: Michael Shelton, City Manager From: Paul M. Sensibaugh, Director of Public Works/City Engineer Subject : Septic Tank Dump Site Date : August 17, 1987 Recommendation: Staff recommends that the Board make no changes in the present use, fee structure, or C. I .P. for the septic tank dump facility. Backround: • Mayor Norris received information at a recent meeting on hazardous waste that the Atascadero Waste Water Treatment Plant was the only septic tank dump site in San Luis Obispo County. Consequently, staff was requested to give a report on the implications of this fact with regard to serving businesses or property owners outside the corporate limits and with respect to the sufficiency of the fees presently charged. Discussion: Although the Atascadero WWTP is the only treatment facilty in the county that currently accepts septic tank dumpage, there are several septic tank dump sites using direct land application. Other disposal sites are Nipomo, Los Osos, Chicago Grade, two sites east of Cayucos, one above Cambria and others . Winter dumping is mostly handled at Nipomo and Atascadero. Unlike the AWWTP, most waste water treatment plants are not lagoon systems which require a lot of land area to function. Systems such as activated sludge cannot handle a huge concentration of waste without pretreatment or a process to add the waste a slow rate . Grit, oil and grease, and heavy concentrations of waste all have an adverse affects on these systems. To our knowledge the AWWTP is the only plant in the county that was specifically designed to include a formal septic tank dump site . EPA grant funds are normally given to treat wastes on a regional or watershed basis and wastes must be accepted regardless of t residence address of the effluent . Obvious exceptions of this gene rule are that no hazardous wastes need to be accepted nor waste th may upset the treatment process . Also distance from the site and capacity are usually controlling factors on the amount of waste received as well as the cost associated with the service . EPA does encourage the governing body to set fees at a level that will assure that the system is self supporting and does allow different fees for service to areas outside the corporate limits . For normal sewer service increased fees are usually justified due to the investments made by those within the taxing boundary that have not been shared by outsiders, as well as additional costs associated with the distance traveled for maintenance and reserve capacity at the plant . In the case of a septic tank dump added costs may be associated with unknown or questionable wastes or for added maintenance or operation above the normal level . Connections to a sanitary sewer are easily monitored and inside and outside rates are routinely collected. However, the mobile business of septic tank pumping is not confined to a definite boundary and outside businesses are not required to have a business license in our city. The overall goal perhaps should be to provide a necessary service to all and to assure that all users pay their own fair share regardless of their origin. Condition of Septic Tank Dump Facility: • The septic tank dump facility has a questionable design and has not performed well since the plant began full operation in 1984. The suction line is often clogged due to the intake position and grit settles in the sloped section near this line . A partial redesign or a completely new design must occur this fiscal year to continue to Provide the service intended. The construction costs could range from $20, 000 to about $50, 000 dependent upon the scope of the project . Presently steps have been taken to insure that the outlet line can be combined into the Bordeaux House bypass line grinder (Muffin Monster) prior to emptying into the aerated lagoon. This tactic will increase the treatment efficiency for septic tank waste . Fiscal Impact : The present cost of dumping is $20 for a single load and $40 for a double load. Revenue to date for this calendar year is $8, 200 . Projected for 12 months it is estimated that about $13, 000 will be generated from fees at the current rate . The previous three years, using estimated loads and adjusted hourly rates, show costs at $14,700 and revenues at about $33, 000 . Therefore, approximately $18, 300 of the C. I .P. fund can be attributable to the septic tank dump . However, the total cost of replacement could be up to $50, 000 . Analyzing the above over the next ten (10) years : Operation Costs : ($17.75/hr.x 850 loads, 1/2hr./load, plus 10% admin. ) $ 8,300/yr, Maintenance Costs : 2, 000/yr. Debt Service : ($50, 000 @ 10%) 8, 150/yr. Total Costs: $18,450/yr. ($18,450 x 10yrs . ) $184,500 Revenues : (850 loads x$20/load) $17, 000/yr. ($17,000 x 10yrs . )=$170,000 Plus net gained 1st 3yrs .=$18,300 Total Revenues: ($170, 000+18,300) $188,300 Net Result : $3,800 gained over 10 years Conclusion: Therefore, it appears that the current fee of $20 per load dumped is adequate to pay for operation, maintenance and replacement of the subject facility. Obviously the above is based upon several assumptions and should be monitored annually to make sure that once the facility is renovated or replaced the fee rate will continue to keep up with associated costs .