HomeMy WebLinkAboutAgenda Packet 02/09/1982 II
AGENDA - ATASCADERO CITY COUNCIL
Regular Meeting
February 9, 1982 7: 30 p.m.
Atascadero Administration Building
Call to Order
Pledge of Allegiance
Invocation
Roll Call ,
Public Comment
A. CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Item A, Consent Calendar , are considered
to be routine and will be enacted by one motion in the form listed
below. There will benoseparate discussion of these items. If dis-
cussion is required, that item will be removed from the Consent Calen-
dar and will be considered separately. Vote may be by roll call.
1. Minutes of the special meeting of January 25, -1982 (RECOMMEND
APPROVAL)
• 2. Minutes of the regular meeting of January 25, 1982 (RECOMMEND
APPROVAL)
3. Treasurer' s Report, 1-1-82 to 1-31-82 (RECOMMEND APPROVAL)
4. Acceptance of Parcel Map AT 81-188, 3650 Maxicopa Road, James
Coleman (Twin Cities Engineering) (RECOMMEND APPROVAL OF
PLANNING COMMISSION RECOMMENDATION)
5. Acceptance of Parcel Map AT 81-217 (Santa Ynez Condo) , 6225-7
Santa Ynez/6330-2 Navajoa, Bunyea Development (Poler) (REC-
OMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
6. Acceptance of Parcel Map AT 78-121, 8900 San Gabriel Road,
Catherine and Albert Lewis (Hilliard) (RECOMMEND APPROVAL OF
PLANNING COMMISSION RECOMMENDATION)
7. Acceptance of Parcel Map AT 78-164, 8920 San Gabriel Road,
Elizabeth Davis (Hilliard) (RECOMMEND APPROVAL OF PLANNING
COMMISSION RECOMMENDATION)
B. HEARINGS, APPEARANCES AND REPORTS
1. Public Hearing on General Plan Amendment GP 811019:3, initi-
ated by Planning Commission, to review minimum lot size cri-
teria in the Low Density and Suburban Single Family Residen-
tial land use designations
AGENDA - ATASCADERO CITY COUNCIL - FEBRUARY 9, 1982
2. Public Hearing on General Flan Amendment GP 811019:2, initi-
ated by Planning Commission and City Council, to consider
different standards in High and Low Density Multiple Family
Residential land use designations
3. - Public,Hearing on General Plan Amendments: El Camino Transi-
tional Study Area between Santa Ysabel and Principal easterly
of El Camino Real, various/expanded area initiated by Plan-
ning Commission, to consider amendment of text and map of the
General Plan within. the Study Area
4. City Attorney Report No. 17
5. Update on sewer plant expansion project by City Manager
C. UNFINISHED BUSINESS
1. Recommendation for mini-pumper purchase
2. Resolution No. 5-82 setting compensation for the office of
City Clerk and City Treasurer
3. Ordinance No. 48 establishing the office of City Clerk
second reading
4. Ordinance No. 49 establishing the office of City Treasurer -
second reading
5. Ordinance No. 50 repealing specified provisions of the Atas- ,
cadero Municipal Code and designating certain provisions not
to be codified but to remain in effect until amended, super-
seded or repealed -' second reading
D. NEW BUSINESS
1. Resolution No. 6-82 approving the execution of the Local-
State Agreement for Federal-Aid projects for the construction
of Ferrocarril Road Railroad Crossing protection
E. INDIVIDUAL DETERMINATION AND/OR ACTION
1. City Council
2. City Attorney
3. City Manager
q
r
MINUTES ATASCADERO CITY COUNCIL
Special Meeting
January 25, -1982 7: 00 p.m.
Atascadero Administration Building
The meeting was called to order at 7:00 p.m. by Mayor Wilkins.
He stated that the meeting was called for the purpose of interviewing
applicants for the Appeals Board.
Councilmembers interviewed Henry K. Adams, Michael D. Bewsey,
H. John Edens, Jr . , Deborah A. Fiorino, and Ray Hueter . Interviews
for this position will continue at 7:00 p.m. on Tuesday, February 9,
1982 before the regular Council meeting.
The meeting adjourned at 7:30 p.m.
Recorded by:
MURRAY L. WARDEN, City Clerk
By: Ardith Davis
Deputy City Clerk
•
MINUTES ATASCADERO CITY COUNCIL
Regular Meeting
Janaury 25, 1982 7:30 p.m.
Atascadero Administration Building
The meeting was called to order at 7:30 p.m. by Mayor Wilkins with
the Pledge, of Allegiance. Russ Cahhal of the Church of Christ gave
the invocation.
ROLL CALL
PRESENT: Councilmen Highland, Mackey, Nelson, Stover and Mayor
Wilkins
ABSENT: None
PUBLIC COMMENT
(1) Dave Halliday, representing his brother Ed Halliday, reviewed
a problem his brother was having obtaining a building permit.
Mayor Wilkins suggested that Mr. Halliday. meet with the City Manager
the next morning to see if the problem can be resolved.
(2) John Cole commented on a newspaper article involving 9 a pro-
posal
ro-posal for an "artist in residence" program requiring $300.00
per month to be paid by the City. He did not feel that this was a
necessary expenditure for the City. Mayor Wilkins stated that the
City had no intention of hiring a resident artist.
A. CONSENT CALENDAR
1. Minutes of the regular meeting of January 11, 1982 (RECOMMEND
APPROVAL)
2. Acceptance of Lot Line Adjustment AT 81-227 (LA810611:1) 7313
and 7345 San Gregorio Road, Florence Desrosier/Henry
Ranallette (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMIS-
SION RECOMMENDATION)
3. Acceptance of Lot Line Adjustment LA 81-156 (LA810807:1) 7580
Valle Avenue, Antonio Arellano/Gene Stanley (Stewart) (REC-
OMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
4. Acceptance of Lot Line Adjustment AT 81-242 (LA810414;1) 7720
Cristobal, 7605 and 7655 Tecorida, Texeria (Hilliard) (REC-
OMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
5. Lot Line Adjustment LA 811204:1, 3105 and 3125 San Fernando
Road, Elizabeth Miller (Stewart) to adjust the lot- line -be-
tween two lots to al-low a better building site for a proposed
residence (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM-
MENDATION)
COUN IL - JAN ARYMINUTES ATASCADEPCITY 2501982
,
6. Tentative Parcel Map AT 79-263, 7345 Encinal, 'Gordon Hilchey
(Billiard) to extend the time allowed to complete require-
ments for an approved tentative map (RECOMMEND APPROVAL OF
PLANNING COMMISSION RECOMMENDATION)
7. Resolution No. 4-82 amending Resolution No. 34-81regarding
parking restrictions on State Route 41., specifically on El
Camino Real and West Mall (RECOMMEND ADOPTION)
Mayor Wilkins reviewed all items on the Consent Calendar .
MOTION: Councilman Nelson moved for the approval of the Consent Cal-
endar . The motion was seconded by Councilman Highland and
unanimously carried by roll call vote.
B. HEARINGS, APPEARANCES AND REPORTS
1. Public hearing on appeal of Planning Commission denial of a
Conditional Use Permit, 7379 El Camino Real, Northern Cali-
fornia Savings and Loan (McCarthy & Brady Architects) to ap-
prove a 45 sq. ft. monument sign with _the, total signing to
exceed the 60 square feet allowed in the C-1-D zone
Larry Stevens, Planning Director , reviewed this appeal for Council
He stated that the Planning Commission had denied the application
based on Staff recommendation that the monument sign might set a prec-
edent for other Adobe Plaza tenants desiring similar signing.
Mike Brady, architect, stated that the total 'signing program was
originally approved by the Planning Commission and the Atascadero Ad-
visory Board and the owner has secured a financial institution tenant
on that basis. He does not feel that this original approval should be
reversed.
Ralph McCarthy also spoke in favor of the appeal stating that the
rendering just distributed to Council is smaller' than that presented
to the Planning Commission.
"Mayor Wilkins closed the hearing to the public. Mr . Warden stated
that if the sign was a different sign than that proposed before the
Planning Commission, the matter should be referred back to the Plan-
ning Commission for their recommendation on the new information.
Councilmembers discussed this matter and were basically in favor
of the proposed sign.
MOTION:` Councilman Highland moved that this matter be referred back
to the Planning'Commission with instructions that the Council
is in`favor-of granting the appeal and request that they pro-
ceed with setting conditions. The motion was seconded by
Councilman Stover and <unanimously, carried by roll call vote.
2
MINUTES - ATASCADERO CITY COUNCIL - JANUARY 25, 1982
2. Public hearing on General Plan Amendment GP 810930:1 (North
El Camino Real Commercial Study Area) ; area bounded by El
Camino Real, San Anselmo, Highway 101 and Del Rio; Steve
Garman/Expanded area initiated by Planning Commission; to
consider certain General Plan text and map amendments for the
Study Area
Larry Stevens reviewed the Garman request for a change from High
Density Multiple Family Residential to Retail Commercial. He outlined
the Planning Commission' s considerations in approving the request.
Mayor Wilkins opened the matter to public hearing. Comments were
heard from Ted Clemens, Norman Munson, Joe Walters, Herb LaPrade, and
Manford Vanderlip. Mr. Walters was opposed to zoning which would al-
low restaurants in the area; Mr . LaPrade and Mr. Vanderlip felt that
the zoning ordinance should be adopted before this was changed.
Councilmembers discussed this briefly and agreed that it was an
appropriate change.
MOTION: Councilman Highland moved that Council approve the change in
concept and direct Staff to prepare a resolution for Council
adoption of this change. The motion was seconded by Council-
man Nelson and unanimously carried by roll call vote.
3. Public hearing on General Plan Amendment GP 811019:2 (Morro
40 Road Study) ; Morro Road between Highway 101 and Portola: ini-
tiated by Planning Commission; to consider amendment of the
text and map of the Land Use Element concerning the Special
Commercial and Professional Office land use designation
Councilman Stover excused himself from participation in this mat-
ter because of owning property in the area.
Mr. Stevens reviewed the Staff report outlining Planning Commis-
sion recommendation for approval of text changes to delete the Profes-
sional Office and Special Commercial land use designations and estab-
lish a new land use designation of Commercial-Professional.
Comments were heard from Arthur Jazwiecki, Don Moore, Shirley
Moore, Norman Munson and Manford Vanderlip. The Moores were concerned
because their nursery on Morro Road was in the Commercial-Professional
category which did not specifically include nurseries in the defini-
tion. They requested that the Retail Commercial category just west of
their property be extended to include the nursery.
There was discussion regarding the Moore' s property and the
"wavey" line concept which Councilmembers felt should be more defi-
nite.
MOTION: Councilman Highland moved that this matter be retuned to the
Planning Commission with a recommendation that they include
the Retail Commercial hatching on Curbaril and Morro Road
westwardly to include Moore' s Western Nursery; and that the
line between the proposed zoning uses down the entire length
3
MINUTES - ATASCADEPCITY COUNCIL - JANUARY 25.r 1982
of Navajoa be better defined The motion was seconded by
Councilman Nelson and unanimously carried.
It was noted that the Council was not in favor of the "wavey" line
°concept as designating general zoning areas boundaries. They pre-
ferred precise location of different zones.
MOTION: Councilman Highland moved that the text on the Light Retail
Commercial uses be expanded. The motion was seconded by
Councilman Nelson and unanimously carried.
4. Report regarding San Luis Obispo Area Council of Governments
agenda
Mr . Warden reviewed theagendafor the SLO COG special meeting of
February 4th. He stated that the Needs definition had been discussed
by TTAC the previous Friday and Council was in receipt of their recom-
mendation on that matter .
MOTION: Councilman Highland moved that Council direct the City' s
representative to SLO COG to support the definition as pre-
sented. The motion was seconded by Councilman Nelson and
unanimously carried.
C. UNFINISHED BUSINESS
None
D. NEW BUSINESS
1. Ordinance No. 48 establishing the Office of City Clerk first
reading
Mr . Warden reviewed the proposed' ordinance. He stated that the
duties of City Clerk and City Treasurer are generally outlined in the
Government Code, but that Council could determine other duties if so
desired. Council also needs to determine compensation for these posi-
tions. He reviewed various practices in other cities in the County.
Compensation ranges from $1 or $25 per month to $1 per year in some
cases.
MOTION: Councilman Nelson moved that Ordinance No. 48 be read by
title only. The motion was seconded by Councilman Highland
and unanimously carried
Mayor Wilkins read Ordinance No. 48 by title only.
MOTION: Councilman Nelson moved that this constitute the first
reading of Ordinance No. 48. The motion was seconded by
Councilman Mackey and unanimously carried by roll call vote.
4
MINUTES - ATASCADERO CITY COUNCIL — JANUARY 25, 1982
2. Ordinance No. 49 establishing the Office of City Treasurer
MOTION.: Councilman Mackey moved that Ordinance No. 49 be read by
title only. The motion was seconded by Councilman Nelson and
unanimously carried.
Mayor Wilkins read Ordinance No. 49 by title only.
MOTION: Councilman Highland moved that this constitute the first
reading of Ordinance No. 49. The motion was seconded by
Councilman Nelson and unanimously carried by roll call vote.
Councilmembers discussed setting compensation for these positions.
It was noted that some of the duties can be assigned to deputies al-
ready in City employ. Councilman Nelson was not in favor of setting a
compensation until the scope of their duties is determined. Council
decided they would consider a monthly compensation between $1 and $25.
They will set the compensation at the next Council meeting after they
get some feedback from the public.
3. Ordinance No. 50 repealing- specified provisions of the Atas-
cadero Municipal Code and designating certain provisions of
the Code not to be codified but to remain in effect until
amended, superseded or repealed - first reading
MOTION: Councilman Highland moved that Ordinance No. 50 be read by
title only. The motion was seconded by Councilman Nelson and
unanimously carried.
Mayor Wilkins readOrdinanceNo. 50 by title only.
MOTION: Councilman Highland moved that this constitute the first
reading of Ordinance No. 50 . The motion was seconded by
Councilman Stover and unanimously carried by roll call vote.
4. Resolution No. 3-82 adopting regulations for candidates for
elective office pertaining to materials submitted to the
electorate and the costs thereof for all General Municipal
Elections to be held by said City
Mr. Warden stated that the proposed resolution set forth the au-
thority for the City to require a deposit for Statements of Qualifica-
tions. He estimated that the deposit will be $125; the Statement is
optional. The City can also charge a $25 filing fee for processing
the candidate' s papers, however , Mr. Warden recommended waiving this
fee since a candidate can qualify for exemption of the filing fee by
having a petition signed by 25 people.
MOTION: Councilman Highland moved that Resolution No. 3-82 be read
by title only. The motion was seconded by Councilman Stover
and unanimously carried.
Mayor Wilkins read Resolution No. 3-82 by title only.
5
MINUTES - ATASCADEROCITY COUNCIL - JANUARY JANUARY 25,O1982
MOTION: Councilman Highland moved for the adoption of Resolution
No. 3-82. The motion was seconded by Councilman Stover and
unanimously carried.
5. Consideration of purchasing surplus chairs from the County of
San Luis Obispo
Mr. Warden stated that the City has an opportunity to purchase
chairs from the Board of Supervisor 's chambers since they are getting
new ones. The price of $30 each plus $50 each for the 5 Supervisors'
chairs is considered a good buy. He requested Council authorize a
transfer of $3,130 for the purchase of these chairs.
MOTION: Councilman Highland moved that Council authorize the pur-
of the chairs from the County and the transfer of $3,130 from
reserve to the appropriate account. The motion was seconded
by Councilman Nelson and unanimously carried by roll call
vote.
6. Transfer of funds for street contracts
Mr . Warden stated that this is a bookkeeping procedure since the
extra work on these projects was previously authorized by Council.
MOTION: Councilman Highland moved for approval of the transfer of
$11,582.39 from SB 325 reserve to pay the balance of the pro-
ject. The motion was seconded by Councilman Stover and unan-
imously carried by roll call vote.
E. INDIVIDUAL DETERMINATION AND/OR ACTION
1. City Council
(a) Councilman Mackey stated that she would like an ordi-
nance prepared similar to the County ordinance regarding
no smoking areas. Staff was directed to prepare the ordinance.
(b) Councilman Mackey brought up the matter of State consid-
eration of changing the Atascadero State Hospital to a
prison. There was some discussion on this matter with the suggestion
that Council contact their legislators regarding this matter .
(c) Councilman Highland thanked Councilman Mackey for her
report on the Economic Opportunity Commission.
2. City Attorney
Mr . Grimes had nothing.
City Manager
(a) Mr. Warden stated that the Channel Counties Division of
the League of California Cities is being held in San
Luis Obispo on February 19th. He suggested that Council members get
their reservations in as soon as possible.
6
MINUTES - ATASCADERO CITY COUNCIL - JANUARY 25, 982
(b) Mr. Warden stated that Councilman Highland has resigned
as a delegate to the Water Resources Advisory Board. He
suggested that Council appoint the Public Works Director as the dele-
gate and the City Manager as the alternate, unless another Council
member wishes to attend the meetings.
MOTION: Councilman Nelson moved that the Public Works Director be
appointed as the Delegate to the Water Resources Advisory
Committee with the City Manager as the alternate. The motion
was seconded by Councilman Mackey and unanimously carried.
(c) Mr . Warden reviewed the problems with the the sewer
plant. He stated that when the sewer project was ap-
proved, the County obtained a loan commitment from Farmers Home Admin-
istration under their ongoing progam supporting rural populations of
less than 10,000 with long term loans to pay for their share of an EPA
grant. However, in recent months, FHmA has stated that the City' s
population is higher than 10,000 and that the City, therefore, could
not qualify for the loan. Mr. Warden has been in contact with our
Congressman, bond counsels and FHmA in an effort to get this matter
resolved to the City' s advantage. He will report to Council as dis-
cussions develop more information.
The meeting adjourned at 10:50 p.m.
Recorded by:
MURRAY L. WARDEN, City Clerk_
By: Ardith Davis
Deputy City Clerk
7
0 lq3
CITY OF ATASCADERO
TREASURER'S REPORT
January 1, 1982 to January 31, 1982
i
BALANCE AS OF DECEMBER 31, 1981 $ 18,071.95
RECEIVED 389,301.13
TOTAL $ 407,373.08
HAND CHECK REGISTER DATED 01/31/82 26,078.58
CHECK REGISTER DATED 01/18/82 46 ,031.98
CHECK REGISTER DATED 01/29/82 49,388.00
PAID LISTING 271,025.02
TOTAL $ 392,523.58
BALANCE AS OF JANUARY 31, 1981 14,849 50
PETTY CASH 38.82
LOCAL AGENCYINVESTMENT FUND -195,000.00
TIME DEPOSIT, BANK OF AMERICA
12.00% Interest, Matures 02/15/82 100,000 .00
TIME DEPOSIT, MID-STATE BANK
14.60% Interest, Matures 02/17/82 100,000.00
TIME DEPOSIT, SECURITY PACIFIC NATIONAL BANK
14.75% Interest, Matures 02/17/82 100,000.00
TIME DEPOSIT, FIDELITY SAVINGS
13 .25% Interest, Matures 03/24/82 100 ,000 .00
TIME DEPOSIT, MID-STATE BANK
12.75% Interest, Matures 4/12/82 100 ,000.00
TIME DEPOSIT, SECURITY PACIFIC NATIONAL BANK
12.75% Interest, Matures 5/12/82 100 000 .00
TIME DEPOSIT, CENTURY FEDERAL SAVINGS
14. 00% Interest, Matures 05/17/82 100,000 .00
TIME DEPOSIT, MID-STATE BANK
13.10% Interest, Matures 6/1/82 100,000 .00
TIME DEPOSIT, SANTA BARBARA SAVINGS
14 .0% Interest, Matures 7/12/82 100,000.00
TOTAL $1,109,888.32
RECEIVED 'LISTING
January 1, 1982 to January 31, 198281
--TAXES
Sales & Use $ 42,500.00
Property Transfer Tax -0-
Motor Vehicle "In Lieu" 23,136.70
Cigarette Tax 4,025.47
Prior Year Secured/Unsecured Tax -0-
Occupancy Tax 3,181.07
Current Secured/Unsecured Tax 22,270.09
Miscellaneous Taxes 8,005.52
LICENSES/PERMITS/FEES 12,917.62
GAS TAX 8,784.72
TRAFFIC SAFETY -0=
RECREATION 6,708.95
FROM L.A.I .F. AND TIME DEPOSIT 200,000.00
INVESTMENTS 14,703.80
TRANSPORTATION 4,408.81
REVENUE SHARING 33,0`00.00
MISCELLANEOUS 5,658.38
TOTAL $ 389,301.13
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_ —16— 1
• PAID LISTING
January 1, 1982 to January 31, 1982
Payroll dated 01/13/82, Check 7724-7820 $ 36,690.16
Payroll dated 01/27/82, Check 7821-7898 35,713.11
Santa Barbara Savings P2472, Time Deposit 100 ,000.00
Mid-State Bank P2473, Time Deposit 100 ,000 .00
Void Check 12939 ( 1,248.84)
Void Check 12941 ( 47 .72)
Void Check 12968 ( 50.00)
Void Check 12972 ( 31.69)
TOTAL $271,025.02
•
•
-17-
CITY OF ATASCADERO
TREASURER'S REPORT
January 1, 1982 to January 31, 1982
I , RALPH H. DOWELL, JR. , do hereby certify and declare
that the 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.
s;
Dated: February 3, 1982
•
RALPH H. DOWELL, JR.
Finance Director
APPROVED:
MLRRAY L WARDEN
City Manager
•
-18-
M E M 0 R A N D U rR
i
i
TO: CITY MANAGER February 2 , 1982
FROM: PLANNING DIRECTOR
SUBJECT: Acceptance of Parcel Map AT 81-188
LOCATION: 3650 Maricopa Road (Ptn. Lot 29 , Block 17)
APPLICANT: James Coleman (Twin Cities Engineering)
On November 9, 1981 the City Council approved tentative Parcel
Map AT 81-188 creating two parcels of approximately 2 .5 and 2 .8
acres each, subject to certain conditions and in concurrence with
the recommendation of the Planning Commission.
The zoning is R-1-B-D-1 and the General Plan designation is Subur-
ban Single Family Residential.
• Staff review has determined that all conditions of approval have
been met. On February 1 , 1982 the Planning Commission reviewed
this matter and recommended acceptance of the _Final Map.
LAWRENCE STEVENS RAY . WARDEN
Planning Director C ' y M ager
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M E M O R A N D U M
TO: CITY MANAGER February 2 , 1982
FROM: PLANNING DIRECTOR
SUBJECT: Acceptance of Parcel Map AT 81-217 (Santa Ynez Condo)
LOCATION: 6225-7 Santa Ynez/6330-2 Navajoa
APPLICANT: Bunyea Development (Poler)
On July 13 , 1981 the City Council approved tentative Parcel Map
AT 81-217 establishing the boundary of a four-unit condominium
in the City of Atascadero, subject to certain conditions and in
concurrence with the recommendation of the Planning Commission.
The zoning is R-2-B-2-D and the General Plan designation is High
Density Multiple Family Residential.
Staff review has determined that all conditions of approval have
been met. On February 1, 1982 the Planning Commission reviewed
this matter and recommended acceptance of the Final Map.
LAWRENCE STEVENS Ml?.
RAY . WARDEN
Planning Director CA ty anager
/Ps
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M E M O R A N D U M
TO: CITY MANAGER February 2 , 1982
FROM: PLANNING DIRECTOR
SUBJECT: Acceptance of Parcel Map AT 78-164
LOCATION: 8920 San Gabriel Road (Lot 9, Block 33)
APPLICANT Elizabeth Davis (Hilliard)
On June 18, 1979 the County Board of Supervisors approved tentative
Parcel Map CO 78-164 creating four parcels of approximately 2 .5
acres each, subject to certain conditions and in concurrence with
the recommendation of the Planning Commission.
The zoning is A-1-112 and the General Plan designation is Suburban
Single Family Residential.
Staff review has determined that all conditions of approval have
been met. On February 1, 1982 ;the Planning Commission reviewed "
this matter and recommended acceptance of the Final Map.
lop-
IaZ4�� ZA"�_C� I
G
LAWRENCE STEVENS Y WARDEP�i
Planning Director Ci y Manager
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M E M 0 A N D U M ;
TO: CITY MANAGER February 2 , 1982
FROM: PLANNING DIRECTOR
SUBJECT: Acceptance of Parcel Map AT 78-121
LOCATION: 8900 San Gabriel Road
APPLIQANT: Catherine and Albert Lewis (Hilliard)
On June 18 , 1979 the County BoardSupervisors approved Tentative
Parcel Map AT 78-121 creating thre parcels of approximately 5.0 ,
2 . 5, and 2. 5 acres each, subject to certain conditions and in con-
currence with the recommendation of the Planning;'Commission
The zoning is A-1-11, and the General Plan designation is Suburban
Single Family Residential,
• Staff review has determined that all conditions of approval have
been met. _ On February 1, 1982 the Planning Commission reviewed
this matter and recommended acceptance of the Final Map.
,Z/'f' &A,LAWRENCE STEVENS MUSY,�. WARDEN
Planning Director Cinager
•
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M E M 0 R A D U M ,
TO: CITY MANAGER February 2, 1982
FROM: PLANNING DIRECTOR
SUBJECT: GENERAL PLAN AMENDMENT GP 811019:3
APPLICANT: Initiated by, Planning Commission
REQUEST To review minimum lot size criteria in the Low Density
and Suburban Single Family Residential land use
designations
t
On January 4 , 1982 the Planning Commission conducted a public hearing
on the proposed General Plan Amendment unanimously recommending denial
of the amendment ;based on the Staff Report dated January 4, 1982. On
January 18, 1982 the Planning Commission adopted Resolution No. 5-82
affirming its action of November 16. The Staff Report and Resolution
are attached.
The Commission discussed the current application of General Plan cri-
teria as outlined in the Staff Report. There was also discussion of
zoning approaches to implement the criteria.
Levi Barrett appeared and expressed his concern for the minimum lot
sizes allowed in the North Atascadero area.
No one else appeared on the matter .
LAWRENCE STEVENS URRAY L: WARDEN
Planning Director City Manager
/Ps
1
_
RESOLUTION NO. 5-82
A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION
RECOMMENDING DENIAL OF GENERAL PLAN AMENDMENT GP
811019:3 CONCERNING MINIMUM LOT SIZE CRITERIA IN
THE LOW DENSITY AND SUBURBAN SINGLE FAMILY RESI-
DENTIAL LAND USE DESIGNATIONS
WHEREAS, the Atascadero Planning Commission conducted a public
hearing on the subject matter; and,
WHEREAS, Government Code Section 65323 provides that a general
plan be amended by the adoption of a resolution; and,
r
WHEREAS, criteria to evaluate minimum lot size in the Low Density
and Suburban Single Family Residential land use designations are ade-
quate within the 1980 Atascadero General Plan; and,
WHEREAS , existing ordinances and practices implementing the Gen-
eral Plan criteria are adequate _pending' clarification in the future
hearings on the new zoning ordinance and the subsequent rezoning pro-
gram; and,
WHEREAS, specific implementation of the minimum lotsizecriteria
identified in the General Plan is best accomplished by zoning
techniques.
NOW, THEREFORE, BE IT RESOLVED that the Atascadero Planning Com-
mission does hereby recommend denial of General Plan Amendment GP
811019: 3 concerning minimum lot size criteria in the Low Density and
Suburban Single Family Residential land use designations.
RESOLUTION -
N0. 5 82
On motion by Commissioner and seconded by Commissioner
, the foregoing resolution is adopted in its entirety by
the following roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
SHIRLEY MOORE, Chairman
ATTEST:
A.
LAWRENCE STEVEN , Planning Director
APPROVED AS T ORM: 1
ALLEN GRIMES , City Attorney
2
P. rfr rFi�`
T Ifj�l CITY OF ATASCADERO11 •
3� r r . r�
Planning Department January 4 , 1982
\ 15CAD
STAFF REPORT
SUBJECT: GENERAL PLAN AMENDMENT GP 811019 : 3
APPLICANT: Initiated by Planning Commission
REQUEST: To review minimum lot size criteria in the Low Density
and Suburban Single Family Residential land use
designation
BACKGROUND
1. General Plan: The Land Use Element sets forth the following
policies and standards in considering lot size:
Land Use Policy Proposals #3 and #4 (p. 57-8) :
113 . Properties outside the Urban Services Line shall be evaluated •
for lot sizes based on the Suburban Residential range (2 1/2
to 10 acres) until sewers are available.
4. Large lots are a distinguishing characteristic of Atascadero.
Proposed density standards shall preserve this feature and
thus ensure "elbow room" for present and future inhabitants . "
Low Density Single Family Residential (p. 59) :
"Minimum lot sizes within the Urban Services area shall range from
1 1/2 to 2 1/2 while the minimum lot size outside the Urban Ser-
vices Area shall be 2 1/2 acres. Determination of appropriate lot
sizes should be based upon such factors as slope of access road to
the building site; availability of services, especially sewers;
distance from the center of the community; general character of
neighboring lands; percolation and the area needed for access
roads to the building site.
The keeping of poultry and other animals, excepting swine, may be
a permitted use subject to the same acrege provisions as listed
above . "
Suburban Single Family Residential (p. 59) :
"Land use shall be limited to single-family dwellings, accessory
buildings and uses, home occupations , truck gardening , orchards •
and vineyards , the keeping of poultry and other animals , excepting
swine , rest homes , public parks and playgrounds, animal hospitals
(large and small animals) and nurseries (plant) . Lot sizes shall
General Plan Amendmen!PGP 811019:3
be 2 1/2 acres or more. Smaller lot sizes may be allowed in con-
junction with planned residential developments provided that the
overall density within the project is consistent with other den-
sity standards contained herein. Determination of appropriate lot
sizes shall be based upon such factors as slope of the access road
to the building site, availability of services, distance from the
center of the community, general character of neighboring lands,
percolation and the area needed for access road to building site.
Residential Policy Proposals #5, 10 and 11 (p. 62) :
5. Residential density shall decrease as one moves outward from
the core in order to maintain the rural atmosphere of the
community. This can be accomplished by a graded increase in
lot size and a graded decrease in the permitted density of
population.
10 . Lot splits shall be thoroughly evaluated and be in accordance
with community plans and principles. Strict adherence to the
lot sizes defined in this Plan is essential in order to re-
tain the desired character of the community. Creation of
lots smaller than those recommended must not be' permitted if
the maximum population of approximately 30,000 is to be
maintained.
11. Attention shall be paid to the aesthetic result of land divi-
sion. Building sites shall be encouraged on natural slopes,
with minimal disruption of native vegetation and watersheds,
and efficient layout of access and utilities.
STAFF COMMENTS AND ANALYSIS
It would appear that the primary reasons for considering this issue
are to minimize some past difficulties in evaluating the appropriate
lot size for land divisions and to provide a clearer standard for
property owners in that regard. Concern has surfaced primarily in the
Suburban land use designation where the lot sizes can range from 2 1/2
to 10 acres but where most applications are seeking lot sizes near the
minimum. It is thought that more clearly defined standards might ease
this situation. The likelihood is that they will.
There is no question that delays in completing a new zoning ordinance
and in accomplishing a rezoning program to implement the General Plan
have increased the impact of this issue and, perhaps, even caused it
to be raised. The implementation of the minimum lot size criteria now
identified in the General Plan is included in the upcoming ordinance
and rezoning programs. Zoning is the proper way to provide for speci-
fic implementation of the adopted General Plan policies. Therefore,
if the current difficulties deal primarily with how to implement ex-
. sting
x-fisting General Plan policies, then this amendment should be denied
since specific implementation is outside the purview of a general
plan.
2
General Plan Amendm* GP 811019:3
However , it may very well be that some modification of the existing
General Plan policies should be considered. To this end, a brief
analysis of each of the existing standards will follow. That discus-
sion will also indicate how the policies have been applied to date.
These policy categories will overlap to some extent but include ten in
number.
1. -Sewer Availability:
It is fairly easy to determine where sewers are currently avail-
able and where they can be readily extended since the County Sani-
tation District and Atascadero Sewer Assessment District bound-
aries remain intact and are well-defined. Future changes to sewer
availability will be dependent on plant capacities whether that is
the proposed plant or the existing one. Sewer availability gen-
erally points to allowing lots at the minimum size since the
sewered area is generally closer to the center of town, neighbor-
ing lots are smaller , and roads are improved although some factors
(slope, grading) may point to a slightly larger size.
2. Large lot Elbow room Rural character
Policies using these terms seem more conceptual in character and
appear more likely to be defined through other policies such as
minimum lot sizes, graded increases in lot size, etc.
3. Slope of access road to building site
This standard pertains to the public or private or paper road
leading to a particular lot. For example, a lot on Alturas or
Escondido or Casanova should be larger than a lot on Santa Lucia
or San Gabriel or Atascadero since the former roads are generally
of a steeper or hillside character while the latter are flatter
and located in valleys. This policy has not been a particular
consideration in land division applications except as may have
been dictated by existing zoning which may have given it limited
consideration (i.e. an area was zoned A-1-1 1/2 rather than
A-1-B-V-5) . This policy relates to a physical characteristic and
could be easily implemented by zoning. -It may, however , also be
appropriateto consider the degree of improvement of the access
road as a factor.
4. Availability of services, especially sewer .
Services is not clearly defined, but is generally meant to include
utilities (gas, electric, water , sewer) but could also include
police and fire services (as measured by response time) road
maintenance ('at least on public roads) and physical facilities
for those services such as fire hydrants, improved road, and Simi-
lar . Generally, utilities are available to developing areas or
can be extended to them with few exceptions and even the excep-
tions can provide some service (i.e. wells, storage tanks for
3
General Plan AmendmenVGP 811019:3 •
firefighting) . These have not been a significant factor in eval-
uating lot sizes since they typically are required as either map
or development conditions.
5. Distance from the center of the community.
To some extent the existing zoning considers this policy and
creates a gradation effect. As examples, measuring radially out-
ward from downtown, the following gradations now exist:
a) R-A to R-A-B-D-1 to A-1-2 1/2 to A-1-B-V-5
(Venado) (Portola) (Cascabel) (Santa Ana)
b) R-3-B-2 to R-1-B-2 to R-A to A-1 to A-1-3
(Marchant) (San Andres) (Curbaril) (San Rafael) (San Diego)
Due to this circumstance, primary emphasis on implementing this
policy has been placed on the existing zoning. A rezoning pro-
gram will likely make some changes affecting specific properties
but the concept should be similar.
6. General character of neighboring lands.
9 9
Adjacent land of similar character does and will generally have
• the same zoning and be allowed the same lot sizes. However , the
timing of land divisions and the desires of individual owners may
result in a wide variation of lot sizes despite similar zoning.
Furthermore, previous standards no longer in effect could contri-
bute to a wider variation especially if the former standard was
less restrictive. General character should be a factor in eval-
uating lot sizes insofar as determining what the land use desig-
nation should be and as determining whether division is premature
(i.e. there have been no other previous divisions in an area or
areawide circulation dictates no new lots until certain standards
can be met) .
7. Percolation.
Much of the developing area does not have access to sewers thereby
necessitating private sewage disposal systems. In many of these
areas percolation rates are, by experience, poor . However , this
normally dictates the type of private sewage disposal system and
its size. With large lots this is not usually a problem unless
the topography or drainage ways or similar features introduce suf-
ficient constraints for system design. Practice has been to defer
percolation tests to time of development instead of time of land
division to avoid duplicative costs unless, in the specific in-
stance , physical features of the property and general knowledge
of the area point to testing prior to land division. This prac-
tice seems to be successful thus far but has also reduced the
significance of this particular policy.
4
General Plan AmendmeQ GP 811019: 3 •
8. Area needed for access roads to the building site.
The size and shape of many existing lots results in many flag lots
or lots with private access easements. Depending upon the number
of lots being served, this approach seems acceptable since it re-
sults in a lesser number of publicly maintained roads and the
costs associated therewith and in a more rural character (narrow,
winding driveways vs. wide paved roads) . Performance standards on
width, vertical clearance, degree of improvement based on slope,
etc. have been applied in evaluating driveway access to sites cre-
ated by new land divisions. In addition, grading and tree removal
and like aesthetic features have been reviewed for these accesses
resulting in adjusting their location or changing the number of
lots.
9. Graded increase in lot size/Graded decrease in density.
This policy has been discussed in #5 above. Certainly a rezoning'
program will result in some adjustment from the existing zoning
in implementing this concept.
10. Aesthetic effects (grading, vegetation, access, utilities,
watersheds.
There are many existing ordinance standards on grading, tree re-
moval,
e moval, driveway improvement, road improvement, utilities and
their extensions, protection of drainage swales, etc. and, for the
most part, these have been well understood in the land division
and development processes. Existing ordinance could be changed to
better reflect General Plan policies.
Perhaps thebiggestdifficulty has, and may continue to be, trying to
merge these divergent policies into a decision on a particular pro-
ject. While that problem can be minimized by understandable General
Plan policies and zoning regulations, it will never be totally elim-
inated if any discretion is left in the decision-making process.
It also seems that the General Plan minimum lot size criteria have,
for the most part, been applied to the land division application re-
view in an acceptable manner pending improved clarity in the City' s
own zoning ordinance and rezoning program. There seems little reason
to change policies that have not been fully implemented if no sub-
stantive deficiencies have been found. There seems little reason to
be more specific in the General Plan when that is more properly the
role of zoning.
-:x
5
General Plan Amendmen0GP 811019: 3 •
FINDINGS
1: Criteria to evaluate minimum lot size in the Low Density and Sub-
urban Single Family Residential land use designations are adequate
with the 1980 Atascadero General Plana
2. Existing ordinances and practices implementing the General Plan
criteria are adequate pending clarification in the pending hear-
ings on the new zoning ordinance and the subsequent rezoning
program.
3. Specific implementation of the minimum lot size criteria identi-
fied in the General Plan is best accomplished by zoning
techniques.
RECOMMENDATION
Based upon the above findings, the Planning Department recommends
denial of General Plan Amendment GP 811019 : 3.
ACTION
• Direct Staff by motion as deemed appropriate.
Aj
REPORT PREPARED/APPROVED BY:
LAWRENCE STEVENS
Planning Director
/Ps
6
i`
M E M O R A N D U M
TO: CITY MANAGER February 2, 1982
FROM: PLANNING DIRECTOR
SUBJECT: GENERAL PLAN, AMENDMENTGP 811019:2
APPLICANT: Initiated by. Planning Commission and City Council
REQUEST: To consider different density standards in High and Low
Density Multiple Family Residential land use designations
On November 16 , 1981 the Planning Commission conducted a public
hearing on the proposed General Plan amendment unanimously recom-
mending adoption of a Conditional Negative Declaration and approving
changes in the General Plan text establishing different densities for
multiple family areas as set forth n the Staff Report dated November
16, 1981. On January 18, 1982 the Planning Commission adopted Reso-
lution No. 1-82 affirming its action of November 16 The Staff Report
and Resolution are attached.
There was discussion among the Planning Commission concerning the im-
pact that increased density would have on current vacancy rates and
concerning the potential effect of higher densities on the rural' char-
acter of the community. There was also discussion on the alternatives
identified in the Staff Report.
Mike O'Brien expressed his concern regarding ambiguities with the
current wording in the General Plan regarding density.
Lydia Killman objected to allowing more multiple family units in
single family areas.
Norm Norton appeared on behalf of the North County' Contractor ' s Asso-
ciation indicating their concurrence with the recommended changes.
Marge Mackey requested that the density not be changed.
Fred Ebhardt described his efforts in obtaining background material
for the study and concurred with the recommendation.
Art Jazwiecki requested clarification of the units per acre approach
versus the persons per acre approach.
General Plan Amendm* GP 811019:2 ,
Gaylen Little asked about parking requirements
No one else appeared on the matter .-
lal�� A���
LAWRENCE STEVENS MURRAY L WARDEN
Planning Director City Manager
/Ps
2
RESOLUTION NO. 1-82
A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION
RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT GP
811019:1 AMENDING THE TEXT OF THE LAND USE ELEMENT
TO ESTABLISH EIFFERENT DENSITY STANDARDS IN HIGH
AND LOW DENSITY MULTIPLE FAMILY RESIDENTIAL AREAS.
WHEREAS, the Atascadero Planning Commission conducted a public
hearing on the subject matter; and,
WHEREAS, Government Code Section 65323 provides that a general
plan be amended by the adoption of a resolution; and,
WHEREAS, approval of this amendment will not result in any signi-
ficant adverse environmental effects as long as appropriate mitigation
measures are introduced; and,
WHEREAS, the proposed methods of determining permitted multi-fami-
ly densities will eliminate confusion by providing a less complex
formula; and,
WHEREAS, the density increased and other modifications will tend
to encourage more economically feasible multi-family projects; and,
WHEREAS, it is more appropriate for the General Plan to set an
upper limit on density in multi-family districts and allow the zoning
ordinance to implement more specifically permitted densities based on
area characteristics.
NOW, THEREFORE, BE IT RESOLVED that the Atascadero Planning Com-
mission does hereby recommend approval of General Plan Amendment GP
811019: 1 amending pages 60 and 61 of the text of the Land Use Element
to establish different density standards in Multiple Family Residen-
tial areas, to read as follows:
"Multi-Family Residential
The current distribution - of multi-family residential lots is
largely confined to the four octants closest to the center of
town. These four octants, NE-I , SE-I , NW-I , and SW-I , contain 91
percent of the improved multi-family lots. _In keeping with the
desired character of the low density residential community, dev-
elopment of each multi-residential area in the future needs to be
considered in the light of such specific factors as the topo-
graphy, the traffic circulation, drainage, fire protection and the
general level of use intensity at that location.
•
RESOLUTION NO. 1-82
The Multi-Familyresidential areas shall have the following den-
sity and use characteristics.
A minimum lot size of one-half acre providing sewers are
available. smaller lot sizes may be allowed in conjunction
with planned residential developments , including planned
mobile home developments and subdivisions, provided that
the overall density within .the project is consistent with
other density standards contained herein.
Structures shall be limited to two stories.
- Other uses compatible with multi-family residential use:
parks and playgrounds, accessory buildings and uses, con-
valescent homes, and mobile home parks.
Multi-Family Residential shall be further divided into:
High Density
Shall be permitted along arterials only and may include apartments
of five or more dwelling units. The maximum allowable density
shall not exceed 16 dwelling units per acre although lesser den-
sities may be specified by zoning based on site characteristics;
except, a density bonus may be allowed under certain circum-
stances, where adequate provisions are made to provide housing
units affordable to low and moderate income persons.
Low Density
Shall bema be
ermitted in areas not adjacent to arterials and
P J Y ,
permitted adjacent to Single-Family Residential. May include du-
plexes, triplexes and fourplexes, but generally no more than five
dwelling units per building.
New projects with more than four units per structure shall require
specific design approval. The maximum allowable density shall not
exceed ten units per acre although lesser densities may be speci-
fied by zoning based on site characteristics; except, a density
bonus may be allowed, under certain circumstances, where adequate
provisions are made to provide housing units affordable to low and
moderate income persons. "
RESOLUTION NO. 1-82
On motion by Commissioner and seconded by Commissioner
' the foregoing resolution is adopted in its, entirety by the
following roll call vote:
AYES:
NOES :
ABSENT:
DATE ADOPTED:
SHIRLEY MOORE, Chairman
ATTEST:
LAWRENCEaTOF
anning Director
APPROVED
ALLEN GRIMES , City Attorney
3
r � F irk - �_1 r ,' CITY OF ATASCADERO
19Y8 ` r rI 1979
Planning Department
STAFF REPORT November 16 1981
SUBJECT: General Plan Amendment GP811019 :1
APPLICANT: Initiated by City Council
REQUEST: To consider different density standards in the
High and Low Density Multiple Family Residential
land use designations.
BACKGROUND
1. General Plan: The Land Use Element (pp. 60 and 61) sets
density standards for multiple-family land uses as follows :
"High Density
Shall be permitted along arterials only and may include
apartments of five or more dwelling units . The follow-
ing maxima shall apply:
18 one-bedroom apartments per acre
12 two-bedroom apartments per acre
9 three-bedroom apartments per acre
7 four-bedroom apartments per acre
or
Any combination of the above which, multiplied
by standard occupancy factors, does not exceed
36 individual; residents per acre."
"Loan Density
Shall be permitted in areas not adjacent to arterials and
may be permitted adjacent to Single-Family Residential .
May include duplexes, triplexes and fourplexes, but gen-
erally no more than 5 dwelling units per building.
New projects with more than four units per structure shall
require specific design approval. The use density shall
be based upon the criterion of approximately 22 individual
residents per acre. The following maxima shall apply:
Re: General Plan Amendment GP811019 .
Page Two
November 16 , 1981
11 one-bedroom apartments per acre
7 two-bedroom apartments per acre
5 three-bedroom apartments per acre
4 four-bedroom apartments per acre
or
Any combination of the above which, multiplied by
standard occupancy factors, does not exceed 22
individual residents per acre. "
2 . Zoning: The R-2 , R-3, and R-4 zones currently allow greater
densities than are provided for in the General Plan. It is
intended that the zoning text would be modified to conform
with the General Plan standards.
R-2 :
The minimum building site area required shall be six thousand -
square feet except where combined with any "B" di t.
Multiple family uses shall require an additional two thousand
five hundred square feet for each dwelling unit over two. The
following examples illustrate units allowed under various
situations:
. 0 . 25 ac. 0. 50 ac. 1 .0 ac. 2 . 0 ac
R-2 4 8 17 34
R-2-B-2 2 7 15 33
R-2-B-3 2 5 11 29
R-3 -
The minimum building site area required shall be six thousand
square feet except where combined with any "B" district.
Multiple family uses shall require an additional sixteen
hundred square feet for each dwelling unit over two. The
following examples illustrate units allowed under various
situations:
0 . 25 ac . 0 .50 ac. 1.0 ac . 2 . 0 ac .
R-3 5 12 26 53
R-3-B-2 3 10 25 51
R-3-B-3 3 4 19 45
R-4
The minimum building site area required shall be six thousand
square feet except where combined with any "B" district.
Multiple family uses shall require an additional thirteen
hundred square feet for each dwelling over two. The following
examples illustrate units allowed under various situations :
0 . 25 ac. 0 . 50 ac. 1 . 0 ac . 2 . 0 ac .
R-4 6 16 33 64
R-4-B-2 4 13 30 63
R-4-B-3 4 5 22 56
Re: General PIR Amendment GP811019 :1 •
Page Three
November 16 , 1981
3. Prior Action: In conjunction with General Plan Amendment
GP810316 : 3 considered in April 1980 as part of 1980 Cycle
2 , there was considerable discussion that density limits
specified in the General Plan were too low to allow econ-
omically feasible developments. Those previous hearings
to study the matter resulted in denial of any density
change by both Planning Commission and City Council but
reconsideration during this cycle to allow time to acquire
more data on the issues.
4 . Washburn Information: Study material (included as Attach-
ment "A" ) has been prepared by primarily Paul Washburn on
behalf of the local contractor 's group. _ It includes informa-
tion on construction costs ($29 . 00 per square foot of build-
ing floor area) , land costs (an average of $2 . 54 per square
foot of land area) , financing costs and overage rental in-
come ($325 . 00 per unit) . This data is then used to show the
relationship between income and payments for four "typical"
projects using today' s density standards.
5 . Ebhardt Information: A survey (included as Attachment "B")
was made by Fred Ebhardt of surrounding cities to illustrate
densities permitted in their multiple zones to use as a com- •
parison.
STAFF COMMENTS AND ANALYSIS
In reviewing the multiple family density standards within the
General Plan and analyzing other available information, it is
not difficult to conclude that the allowable densities may be
one impediment to economically feasible development and that
the allowable densities are less than that allowed by every
surrounding community. It would, therefore, seem that some mul-
tiple family density increases are warranted. Unfortunately,
the answer is not as easy to reach as is the conclusion because
of numerous complicating factors. There is no "magic number
to satisfy all, or even most, wants and desires. Developers
typically seek higher densities. Single family residents
decry the intrusion of more multiple family units into their
neighborhood. Apartment dwellers search for a reasonable supply
of affordable rentals. From all this some hard decisions must
result and it seems best to start by looking at several of the
major issues individually.
Market Factors :
Multiple family housing is affected by, among other factors,
the cost of land, the availability of properly zoned land, fi-
nancing costs and interest rates, construction costs, potential
financial rewards, governmental constraints, and market demand
for rental units. These variables are direct and indirect and
r
Re: General Plan Amendment GP811019:1
Page Four
November 16 , 1981
dependent and independent. Not all participants in the process
can effectively deal with each. Furthermore, they can vary con-
siderably if viewed on a project level . The information provid-
ed by Paul Washburn provides an insight into the market factors
that can affect a local project but the results are far from
conclusive.
Generally, the information indicates that monthly rental income
is approximately equivalent to monthly costs excluding the cost
of land (and loans theron) and the cost of maintenance. This is
unlikely to create a favorable circumstance for a developer.
However, it must also be remembered that, if monthly rental were
increased due to a larger number of units, monthly costs are also
increased (i.e. the construction loan would be higher, taxes
would be higher) . The interest rate information is limited by
assumptions since the rates are for commercial and single family
projects but they represent a reasonable approximation. Further-
more, no consideration is given to certain tax benefits (i.e .
interest deductions, depreciation, tax sheltering, etc. ) which may
make an apparently losing proposition "profitable" .
Nevertheless , it seems that multiple family construction is be-
coming less and less desirable for the developer (see Attachment
"C" - L.A. Times article) . Unfortunately this is occuring when
demand seems fairly high due to increased mobility and changing
family formation rates. Supply side factors must therefore
accept some of the blame. Without direct subsidies, a local
government can affect supply primarily through its zoning policies
by increasing available land zoned for such use and by allowing
higher densities . Caution is offered to point out that those
changes alone will likely result in slight, if any, perceptible
improvement in the overall picture locally.
�I
Environmental Constraints:
In considering a policy to allow increases in density certain
environmental factors must be given consideration. In Atascadero
these primarily rE 3te to individual site characteristics such
as topography and availability of sewers . Steeper lots generally
cannot accept high densities and achieve the rural character in-
tended by many policies in the General Plan. While sewers are
available to many, but not all, multiple family sites concern
must be expressed regarding capacity limitations associated with
the existing sewer plant. While specific information is not
available on the latter constraint, it nevertheless compells some
linit on the ability to increase densities and zone additional land
for multiple family units. In a generalized manner these concerns
are identified by Residential Policy Proposal #7 which states:
• "Multi-residential density areas shall be considered in
light of such specific factors as topography, traffic
circulation, drainage, fire protection and general level
Re: General Pi n Amendment GP811019 : 1
Page Five
November 16 , 1981
of use intensity at that location.
A brief overview of the Land Use Map tends to raise some doubts
as to how well some of these were implemented.
Other Cities:
Attachment "B" provided by Mr. Ebhardt is a summary of the mul-
tiple family zoning densities allowed by other cities in this
area. As a comparison it shows that multiple family densities
allowed in Atascadero are lower than all others surveyed. How-
ever, the characteristics of many of those cities differ from
Atascadero both in their existing and planned character. This
makes strict comparisons misleading. Summarized, the lower
densities generally provide for 11-17 units per acre while the
higher densities are from 20-35 units per acre. Most use a
building site area factor that can be translated to units per acre
although San Luis Obispo uses both a slope-related factor and an
occupancy factor (similar to that now contained in the General
Plan) .
Population Capacity:
An increase in the permitted density will affect the population
capacity unless provision is made for corresponding reductions
elsewhere to balance the change. These reductions can be accom-
plished by increasing lot sizes (i.e. reducing the number of
building sites) in the single family areas, especially outside
the Urban Services Line or by reducing the amount of land desig-
nated for high density multiple uses. It should be pointed out
that these changes need not be introduced immediately due to the
available lead time to "build-out" . A' "quick and dirty" tabu-
lation indicates approximately 325 acres of High Density Multiple
and approximately 80 acres of Low Density Multiple. The following
table indicates the population effects of various alternatives :
0% 50 10% 20% 250 33 50%
LOW DENSITY .
Person/ac 22 23 24 26 27 . 5 29 33
Population 0 80 160 320 440 _560 880
HIGH DENSITY
Persons/ac 36 38 40 43 45 48 54
Population 0 650 1300 2275 2925 3900 5850
For example, using the 10% increase in density, the population
increase would be 1460 representing a 4% (approximate) increase
in the overall capacity. This would require nearly 500 fewer
single family lots or approximately 30 acres less of multiple
family land.
Re: General Plan Amendment GP811019 : 1
Page Six
November 16 , 1981
In determining the population capacity, several factors could
prevent the maximum from being reached. These include:
- areas can be rezoned in the future
- all lots will never be built on
- some lots will be underdeveloped (i.e. single family
residence on R-3 lot)
- some lots will have more units than current standards
- the population per acre/unit figures represent only
estimates
- household size continues to decline
As a result, small shifts may not be particularly damaging to
the population limit. It should also be pointed out that some
shifting occurred with the establishment of a policy on "'round-
ing off. "
A detailed analysis is really needed to evaluate the precise
effects of increased densities on population capacity but is not
easily done at the present time due to data limitations. In the
near future this limitation is likely to be reduced once data
from recent land use surveys is org2_j_zized and, hopefully, plac-
ed on the computer. However, it is not likely that impacts will
occur before responses can be made.
Certain areas now targeted for high density development could
be reevaluated to determine their appropriateness. These could
include areas outside the Urban Services Line, the Amapoa-Tecorida
flood hazard area, and areas of predominant single family char-
acter (i.e. Alcantara) . It should be noted that a reduction
in land zoned for multiple family use could easily offset any
gains attributable to increased densities.
Existing General Plan Densities :
Some review of the system whereby densities are calculated may
be appropriate. Clearly many misunderstand the use of a "persons
per acre" formula and are unable, except with difficulty, to
translate that to the number of permissible units using the
standard occupancy factors. Some confusion could be eliminated
by using a less complex formula.
Re: General P0 Amendment GP 811019 : 1
Page Seven
November 16 , 1981
The General Plan also allows non-residential uses such as offices
and motels in both land use designations. Allowing these uses
reduces land_available for multi-family units and probably has
some effects on the land costs. The latter could be especially
detrimental if it causes land costs for multi-family develop-
ments to be higher. Furthermore, there is adequate provision
in other land use categories for such uses where such is not the
case for multi-family uses.
The use of the standard occupancy factor, in essence limiting the
number of bedrooms, also tends to encourage smaller units such
as one and two bedroom units . This is due to the ability to ob-
tain more total units at similar rents to the three and four
bedroom units thereby raising monthly income. Unfortunately,
this discourages multi-family units targeted to families which
are being forced into this market in ever-increasing numbers due
to the high cost of detached single family housing.
The use of the bedroom criteria has also created some administra-
tive problems in that more units include dens, playrost.v.—
rooms etc. which can readily be converted` into that extra bed-
4-5-6m-thereby
ed
o`er omthereby exceeding density limits.
Affordable Housing:
One of the major current and future issues in local government is
affordable housing. More and more dictates will be given com-
pelling direct local government participation in the effort to
achieve these goals. Under current circumstances, Atascadero
may be hard pressed to meet any reasonable goals unless it en-
courages more multi-family development (both owner and renter
occupied) . Increased densities may be one of the few avenues
available to do this.
Community Factors:
It should also be realized that a general plan considers not
only economic factors in setting standards and criteria for
land uses but also community goals and desires. The desire
to maintain a rural. aracter (i.e. 1 setti_n__-
- an be
a's-'T`o g as theeconomic facts b
are rrealizedth rand accepted. valid,
/ ways some "cost" associated achieving community goals.
Alternatives:
Alternative #1 .
Allow no change to the current General Plan density standards.
Re: General Plan Amendment GP 811019 : 1
Page Eight
November 16 , 1981
Alternative #2 .
Increase the permitted densities by using the current
"persons per acre and bedroom occupancy factors" approach.
Alternative #3 .
Increase the permitted densities and use a "unit per acre
approach.
Alternative #4 .
Eliminate the density specificity of the General Plan, combine
High Density Multiple with Low Density Multiple Family crea-
ting one "Multiple-Family" land use designation that would
be implemented through zoning. A number of implementing
techniques to control density within individual zones are
available.
Alternative #1 is fairly self explanatory. The method for deter-
mining density would remain unchanged and the zoning ordinance
would implement exactly the density formula currently embodied
in the General Plan Text.
• Alternative #2 would retain the same density formulas presented
in the General Plan, but suggests increasing the numbers by some
reasonable amount. For example, a 25% increase in the total
persons per acre would result in the following unit increases
for High and Low Density Multiple Family:
HIGH DENSITY (45 persons per acre)
22 one bedroom units per acre (+4 units/acre)
15 two bedroom units per acre (+3 units/acre)
11 three bedroom units per acre (+2 units/acre)
9 four bedroom unitsperacre (+2 units/acre)
LOW DENSITY (28 persons per acre)
14 one bedroom units per acre (+3 units/acre)
9 two bedroom units per acre (+2 units/acre)
7 three bedroom units per acre (+2 unit/acre)
5 four bedroom units per acre (+l unit/acre)
Alternative #3 employs basically a simpler mathematical approach
to determining General Plan densities. It eliminates the people
per acre and occupancy factor per bedroom calculations and just
sets forth a maximum number of units per acre.
•
Re: General PO Amendment GP 811019 : 1
Page Nine
November 16 , 1981
Alternative #4 eliminates any type of formula to calculate
density by the General Plan. It suggests the permitted
density be expressed more generally perhaps in-a maximum number
of units per acre for all multiple family land uses, it suggests
the possibility of combining the Low and High Density Multiple
Family designations into one multiple family designation and
encourages use of the zoning ordinance to specifically imple-
ment permitted densities. There are probably several techniques
available in implementing densities by zoning. One very common
is the "floor area ratio or similarly, "lot coverage" standards,
which both regulate the amount of building coverage, parking
coverage and amount of open space.
ENVIRONMENTAL DETERMINATION
The multiple family residential density changes proposed are not
considered to be major changes and the Planning Department feels
that minor adverse impacts can be mitigated through various im-
plementing policies that can be incorporated into the General
Plan and through- standards and criteria for development within
the zoning ordinance.
Therefore, the Planning Director has prepared a Conditional Negative
Declaration- indicating the proposed density changes will not
have a significant adverse effect upon the environment and the
preparation of an Environmental Impact Report is not necessary.
FINDINGS
1. Amendment to the General Plan as proposed will not result
in any significant adverse environmental impact as long as
appropriate mitigation measures are introduced.
2. The proposed methods of determining permitted multi-family
densities will eliminate certain confusions by providing a
less complex formula.
3. The density increases and other modifications proposed will
tend to encourage more economically feasible multi-family
projects.
4 . It is more appropriate for the General Plan to set an upper
limit on ,density in Multi-family districts and allow the
zoning ordinance to implement more specifically permitted
densities based on area characteristics.
Re: General Pl*Amendment GP 811019 : 1
Page Ten
November 16 , 1981
RECOMMENDATION
Based upon the findings, the Planning Department recommends :
A. Issuance of a Conditional Negative Declaration as follows:
1 . Consideration of individual site and related site
characteristics and the potential impacts associated
therewith shall be done in conjunction with future
zoning and environmental reviews for detailed develop-
ment projects; and
B. Approval of General Plan Amendment GP 811019 : 1 changing
the text under the heading "Multiple-Family Residential"
on pages 60 and 61 as follows:
Multiple-Family Residential
The current distribution of multi-family residential lots is
largely confined to the four octants closest to the center
of town. These four octants, NE-I , SE-I, NW-I , and SW-I ,
contain 91 per of the improved multi-family lots. In
keeping with the desired character of the low density resi-
dential community, development of each multi-residential
area in the future needs to be considered in the light of
such specific factors as the topography, the traffic circu-
lation, drainage, fire protection and the general level of
use intensity at that location.
The Multiple-Family residential areas shall have the follow-
ing density and use characteristics .
A minimum lot size of one-half acre providing sewers
are available. Smaller lot sizes may be allowed in
conjunction with planned residential developments,
including planned mobile home developments and sub-
divisions, provided that the overall density within
the project is consistent with other density stand-
ards contained herein.
- Structures shall be limited to two stories.
- Other uses compatible with multiple-family residential
use: parks and playgrounds , accessory buildings and
uses, convalescent homes , and mobile home parks .
Multiple-Family Residential shall be further divided into:
High Density
Shall be permitted along arterials only and may include
apartments of five or more dwelling units. The maximum
allowable density shall not exceed 16 dwelling units per
acre although lesser densities may be specified by zoning
Re: General Pte Amendment GP 811019 : 1 •
Page Eleven
November 16, 1981
based on site characteristics; except, a density bonus may be
allowed under certain circumstances, where adequate provisions
are made to provide housing units affordable to low and mod-
erate income persons.
Low Density
Shall be permitted in areas not adjacent to arterials and
may be permitted adjacent to Single-Family Residential .
May include duplexes, triplexes and fourplexes, but generally
no more than five dwelling units per building.
New projects with more than four units per structure shall
require specific design approval . The maximum allowable
density shall not exceed ten units per acre although lesser
densities may be specified by zoning based on site charac-
teristics; except, a density bonus may be allowed, under
certain circumstances, where adequate provisions are made
to provide housing units affordable to low and moderate
income persons.
ACTION
Direct Staff by motion as deemed appropriate.
REPORT PREPARED BY: +
MARY E BEATIE
Associa e Planner
REPORT APPROVED BY:
LAWRENCE STEVENS
Planning Director
/Ps
ATTACHMENT "A"
HIGH DENSITY STUDY
I. Estimate of High Density Construction Cost
A. HUD Housing Authority
1. $28.00 sq. ft. (2 bd. , 1 bath apartment)
a. Dwelling costs only; no on sity improvements
b. This is an estimated figure due to the variety
of building designs and lot topography
B. Leach & Kehoe Arch. (have done many HUD building projects)
1. $30.00 sq ft. (2 bd. , 1 bath apartment; 4 units
or more)
a. Dwelling costs only, no on site improvements
b. This figure is valid for next six months
SC. Conclusion
1. HUD was used as a reference because of the large
number of projects they have completed
2. Local contractors would have needed a complete
set of plans in order to give an accurate per sq. ft.
cost
3. The average per sq. ft. cost of high density construc-
tion for our purposes will be $29.00 a sq. ft.
II. Atascadero High Density Costs (According to Plaza Real Estate
prices)
A. A.P.N. (Assessor Parcel Number) 30-472-05; price $33,000
lot size 66 x 190; Date sold 12/79
1. $2.63 per sq. ft.
B. A.P.N. 30-472-06; price $27,000; lot size 66 x 190
Date sold 7/79
1. $2.15 per sq. ft.
C. A.P.N. 49-211-46; price $135,000; lot size 273 x 150;
In escrow
1. $3. 30 per sq. ft.
•
D. A.P.N. 30-472-08; price $89,000 lot size 200x 210 .
Date sold 8/79
E. The average cost per sq. ft. of land in Atascadero
is $2.54.
III. High Density Zoning in Atascadero
A. 36 people per square acre are allowed in correct zoning
1. 2 bd. apartment units represents 3 people
2. If the remainder is a fraction of a person and the
fraction is more than %, round up to the next
whole number or person
B. Formula for equating number of units per project or lot
1. Sq, ft, of lot times 36 people divided by sq. ft.
per acre or 43560. This equals the people allowed on
the lot. In this case we' re concerned with two bd.
units which represent:s' 3 people. Divide the number
of people allowed on the lot by 3 people per unit.
The sum is the number of units allowed.
C. Examples
1. Section II A = 3. 34 units
2. Section II B = 3. 34 units
3. Section II C = 11.28 units
4. Section II D = 11.57 units
IV. Financing for High Density (By Mid State Bank)
A. Average interest rate for construction loans from 7/1/80
to 7/1/81 was 16.35/ and 2 pts.
1. Average interest rate for long term first trust deed
loans from 7/1/80 to 7/1/81 was 15.27/ and 2 pts.
2. Note: Above interest rate averages pertain to single
family residences only. Commercial projects ran some-
what higher, usually 2-3/ above prime plus 3-5 pts.
3. Other Costs:
a. Inspection fee - $85.00
b. Title policy & recording - varies
23@ 14 <3/4 3 pts. 13 1/2 2. , pts.
28C 13 1/2 2 1/2 pts. z12 1/2 2 pts.
26C 13 1/2 2 1/2 pts. 13 1/2 2 pts.
15@ 14 1/2 2 1/2 pts. 14 1/2 2 pts.
36C 15 1/2 2 1/2 pts. 14 1/2 2 pts.
11@ 16 1/4 2 1/2 pts. 14 3/4 2 pts.
4C 16 1/4 2 1/2 pts. 15 1/2 2 pts.
25@ 17 2 1/2 pts. 15 1/2 2 pts.
24@ 18 2 1/2 pts. 16 1/2 2 pts.
53@ 17 2 1/2 pts. 15 1/2 2 pts.
56@ 17 2 1/2 pts. 16 1/2 _2 pts.
74@ 18 2 1/2 pts. 16 1/2 3 pts.
B. Examples from Section II Lot Costs using 15.27% interest
and 2 points, for 30 years.
1. Section II A. Lot 66 x 190 with 3.45 units at $29.00
per sq. ft. would cost $80,040.00 to build
a. Loan cost or points equal $1600.00
b. Monthly payments $1027.00
2. Section II B same as II A
3. Section II C. Lot 273 x 150 with 11.28 units at
$29.00 per sq. ft. would cost $261,696.00 to build
a. Loan cost or points equal $50233.00
b. Monthly payments would be $3, 361.00
4. Section II D. Lot 200 x 210 with 11.57 unit at $29.00
sq. ft. would cost $268,424.00 to build.
a. Loan cost or points equal $5, 368.00
b. Monthly payments would be $3,447.00
V. Examples of complete building costs (land cost, building
cost, financing)
A. Description of building example
1. Each unit 800 sq. ft. no less than 4 units
2. 2 bdrm. , 1 bath
3. Average grade of construction
a. formica countertops
b, fiberglass tubs
C. construction grade carpeting
d. single glass windows
e. birtch or paint grade cabinets
f. average appliances eq. drop in range & cooktop
VI. Average Rental Income in Atascadero (of 4 units or more)
A. Stinchfield & Summers - $325.00
B. Bryerwood Agency - $325.00
VII. Conclusion
A. High density units must be profitable to own or build.
Units must make the payments on the loan, taxes and other
(A. ) overhead. There must be some profit remaining in order
to obtain financing to build and sell the units.
B. Many real estate buyers use a simple formula in
evaluating the worth of units
1. Gross rental income times 10 equals worth of
project. This number 10 may vary slightly one
number.
C. Lot Examples (Refer to Section II)
1. Lot II A
a. Gross rental income equals $1085.50
b. Monthly payments:
Construction loan $1027.00
Taxes Estimate 25.00
Insurance 17.00
$1049.00 per month
C* Cash paid out:
Lot purchase $33,000
Loan cost & points 16,000
$49,000 total
2. Lot II C
a. Gross rental Income $3,666.00 S
b. Monthly payments:
Construction loan $3,361.00
Taxes Estimate 150.00
Insurance extimate 100.00
$3,511.00
C. Cash paid out:
Lot purchase $135,000
Loan cost & points 5,233
$140,233 total
3. Lot II D
a. Gross rental income $3, 760
b. Monthly payments:
Construction loan $3,447.00
Taxes estimate 150.00
Insurance estimate 100.00
$3,697.00
C. Cash paid out:
Lot purchase $89,000
Loan cost & points 5, 368
$94, 368 total
4. No vacancy factors have been accounted for in these
figures. This is assuming all units would be 100%
rented 100% of the time.
5. No maintenance of the units have been accounted for.
ATTACHMENT "B"
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0-9,53b,
0,194 Sunday - Wednesday,November 4, 1981 CC/120 pages/Copyright
_ M
- 17 :Scenario For Disaster'
lYtfUSI9 Time Bomb If operating apartments fell short of being lucrative,
"It's a scenario for disaster:'said building them became,in one economist's words, suici-
Ray Huffman, president of a San dal:
Aparf ents. Diego construction company that JohnKonwiser .
'has built about 8.000 n able to
I•units there since 1962: apartment Newport Beach office since 1973.He has bee
keep his costs low by duplicating the same design at
"It's like the missiles have been each of 19 Daisy Apartment locations and by abandon-
:launched, and it takes 15 minutes ing Orange County when land prices exceeded $2 a
��
= — en for them to hit Only 12 minutes. square foot He runs a lean operation.Until recently,his
have elapsed, so everyone is still wife did the bookkeeping.And he personally handles
�• Disaster'
t t r happy. Then all hell is going to the chore of checking on each complex once a week. _ -
�Ol �L7i$S l�1' :break loose." Even so,Konwiser watched the cost of land and con-
for and housing experts,
_ using different methods of counting
By DORIS A.BYRON, rental vacancies and different IfOjJelatl/I,a�Ja/tme/itShcdJl�t
-' theories for interpreting their re-
`74zsesSraff R',itn -' rP g -
sults,quibble about whether there
In mid-August-Sherry Sigler and is a literal "shortage" of rental pay,y,buldin g them was`suicidal.
John Barker told their landlord housing nationwide.
they would be moving out Oct. 1. "1 don't see any instances of peo
They figured su weeks was long pie standing on street corners,"said struction alone rise 93%between 1973 and 1981,bring
eno tirn to find a place near the Ira S.Lowry,an economist and se- ing the day closer to hand when he won't build at all
beat.".to beat the 5750 a month their nior staff member at the Rand without direct government involvement
Irvine townhouse cost them. Corp.,a Santa Monica-based think
They figured wrong. tank o"I hate to say fbut the only way to build new apart-
- ments today is for the government to cooperate on a
Two and a hall months of scan- Rather, they say,'the current partnership basis," Konwiser said. "1'm talking about
ning classified ads, deploying real market is characterized by spot going out of the business if I can't find cities to do that"
estate agents and cruising every ,shortages—and spot gluts—and a Many of the apartment building giants of the 1970s al-
street in nearby Corona del Mar in Please see APARTMENTS,Page 27 ready have done that.
'teardh of"For Rent"signs turned R&.B Enterprises built its last residential rental unit
up one home that met their needs - "' in 1974 after constructing more than 20,000 apartment
and fa their budget. Continued from First Page " dwellings,known mostly as Oakwood Garden Apart-
Then the owner declined to rent growing inability of renters to find what they want at ments.Now the West Los Angeles firm develops com-
td them.He didn't want to rent to an the price they want or can afford.
unmarried couple•their real estate But there is near unanimity that the future for rental inertial properties.
agent told them,even though the housing is one of almost unmitigated gloom. The Sacramento firm FPI hada healthy business
_ going after constructing about two share only a roof—not a bed- "I don't see the light at the end of the tunnel,"said H. rentals in 70 loca-
tions in five states.But the company finished its last
room—in order to afford living on Bruce Hanes,president of an apartment house broker-
apartment project this year and plans no more.
-their own. i age in Woodland Hills that manages about 3,000 units "The climate just isn't right to build:'FPI Senior Vice
really disillusioned," said _ and handles sales of 8,000 or 9,000 a year."I really don't President Michael Kaufenberg said.
Sigler.a 24-year-old account rep- see any solution:' In 1972,HUD estimates,777,000 rental units were
resentative for a large Orange The optimism that does exist is predicated upon some built nationwide,only 22%of them subsidized By 1980,
'County advertisingagency. sizable"ifs."More rental units would be built if there the number of units built had dropped almost 63% to
She's not alone were widespread zoning changes to allow higher densi- 284,000,of which 66%were subsidized.With subsidies
its r occupancy Rate`` ties on more land,if local governments provided cost- scheduled for cutback or elirnination,.the totals are ex-
cutting incentives for construction,and if for-sale hous- ected to fall further still.
The Census &treats 'estimated ing became generally"affordable"again. p
that 95%of the nation's 27 million But if those events don't occur—and many experts Net Reduction,
rentor homes and apartments were think that's the most likely"if"of all—the housing ana- Because an estimated 280,000 rental units are lost to
occupxd in the second quarter of lysts believe Americans will be in for several years of demolition or destruction every year and close to 100,
1981,up from 94.41.o a year earlier. actual shortages that will require people to change the 000 additional dwellings are turned into condominiums,
_ 'In pracucal terms,that means it's
1 way they live. _ the end result is a net reduction in the inventory of ren-
:.,,harder to find a place to rent And
since the figures represent national 'Classic Housing Squeeze tal housing.
o sg
what remains is deteriorating. The National
averages,it also means that in de- "We're going to have a classic housing squeeze,"said Apartment Assn. estimates that 411/. of the rental
sirable markets,like Southern Cali- George Sternlieb,an economist and director of the Cen- apartments in the nation are at least 40 years old.Ex-
tornra� the search can be tougher ter for Urban Policy Research at Rutgers University. perts say there is littleeconomicincentive to perform
.sell "The young won't leave the old and the old won't regular maintenance on those or the newer units be-
i But that's not the worst of it Ex- leave the young.Couples won't split so casually. .: cause rental income doesn't offset the costs.
perts say the rental picture could We're already seeing the age at fast marriage inereas Housing observers say the easiest solution to the pro-
get hiatker—much bleaker—in the ing quite sharply." duction problem is an economicone:Raise rents an esti-
1980s because apartment develop- Sternlieb said the squeeze has economic ramifications mated 25%to make apartment construction viable and
xnent in the United States is not too.The proliferation of cheap housing since World War operation profitable.
keeparg up with rental needs. II facilitated industrial growth,he said,and industry But the economic solution has a predictable political
4-*; Unsubsidized apartment develop- j could grow and move in part because people could move
;merit has all buts ed because it with it.Now that's changing. side effect—rent control—and that prevents implemen-
• tation of the economic solution.
:is relatively unprofitable,and sub- "It's not just a question of the furniture that isn't
dized development is expected to going to be sold or the hardware store nobody goes into It's a classic Catch 22 dilemma,and it prompts is no
ens and economists to say the end of the downturn is not
Shrink dramatically under Pres- I because they haven't bought a house to fix up,"he said. insight
ident Reagan's program of govern- ! "The labor market is being frozen(in locations)where "The prospective crisis is not rising rents,buts gen
-
mentspending cuts \ - - America doesn't need it" i ->
Mea-iwhile, the products of the Available statistics support such pessimism: trot loss of interest in building or owning rental proper-
Postwar baby boom—which peakedty,"Lowry said."If the rent-lag continues,we should
20 yes.-s a90—continue to demand Didn't Pay also expect increased withdrawal of capital from rental
digs of their own.But the families Long before interest rates rocketed and made almost property and of dwellings from the rental inventory,by
that u.ed to free rental units by any real estate investment prohibitively expensive,in- undermaintenance, abandonment and conversion to
buying homes are finding them. vestors and developers had decided that apartments just non-rental use
selves trapped in tenancy because didn't pay. One saving grace,housing experts say,is that there is
M h.g n-nous mg prices and soa.^.ng in research for the Department of Housing and Urban considerable flexibility in America's current housing in-
interest rates_ Development,Lowry of the Rand Corp.found that the ventory.
" cost of operating rental property rose 141%from 1970 to The size of the average U.S.household dropped dur- _
1980,while rental income rose by 8717..Renting actually ing the 1970s from 2.6 people to 2.3,but the size of the
became something of a bargain,lagging far behind in- average home and apartment grew.In short,fewer peo-
flation in general and the cost of buying a home in par- ple lived in more space.
titular. ., "Our connection is that more than enough housing
was built for the 1970s,"sa a Scott,vice president
of Cain and Scott Inc.,apaIW brokers and consul-
tants.n Seattle.
"People lived alone because they wanted to and be-
cause it was cheap.We created a lot of empty bedrooms,
and those bedrooms can be called into use.
When the legally available empty space is filled,ex-
pert believe illegal space will be created. .
Even in a community as affuent as La Jolla, one
young professional couple say they are building a sec-
ond level into their hillside home not only to meet their
current needs but so they can rent it as an apartment if
economics dictate.
-
"What we're seeing is illegal conversion of single-
family homes into two-family houses,"said Sternlieb of
Rutgers.
In spite of estimates that only 5%n of all U.S.house- �--^�w��-•
holds can afford to buy a home at today's prices and in-
terest rates,the more optimistic observors think that - r
relief for the rental market will come from it tradition-
al source:renters buying houses.
' "Fes,high house prices may keep some people out of M
th market,but there are a lot of ways around that,like ,v'
new mortgage instrument and a decline of rates,"said
Michael Lea,an economist in HUD's division of housing
finance analysis in Washington,D.C.
Charles Isham,chief staffer for both the Apartment
Associations of Los Angeles County Inc.and the Apart-
ment Association of Los Angeles-Western Cities Inc.,
foresees young people buying starter homes in the inner
city or banding together to buy small apartment com-
plexes they will occupy as owners rather than renters.
"The creative ones will find housing,"Isham said.
Time will help somewhat because the number of
Americans reaching the household formation age will
Please see APARTMENTS,Page 28
( Continued from 27th Page
begin declining after 1985,taking the edge off demand.
And.ultimately,changing life styles could ease the
crunch.Housing and household formation are insepara-
ble.If there isn't sufficient housing,new,households
simply won't be formed .
"The reality is that houshold formation depends on
the availabilty of housing,"Sternlieb said
But most expert concede that Americans have grown
accustomed to their uncrowded life styles, and that
more than luck and time will be needed to satisfy the
nation's long-range housing appetites. .
' There is a need for production, they say, both of
apartments and of for-sale housing:
Builders and developers have their own"wish list"of
actions that they say would help spur construction.
More high-density zoning and fewer costly and time,'
r-consutmng restrictions and requirement are chief
among them
C. Changes Must Occur
:..
But many expert-say even more fundamental
Changes must occur if a crisis is to be averted = '-
High interest rates must come down and the supply of y- „
mortgage money must expand,they say.Those changes
would help directly and indirectly by uniamming the
relief valve of for-sale housing-.:
"I'm not a big fan of building a lot more apartments,"
said Cary Lowe.a lawyer and planner who teaches at
UCLA and USC and who was active in Los Angeles'
rent-control movement
"I'd like to see a lob more moderate-income people
moving into home ownership.if rental housing really
can't make it(economically),then we should focus on
ownership housing.That's what people want anyway,"
The attitudes of existing homeowners toward rental
housing also need to be changed,Lowe and others say.
More often than not,the actions of local government to -
- restrict apartment construction are a response to exist-
ing resident who don't want rentals next door.
aae cue .� Haves Versus Have-Nots ,-
"The disenfranchised tenant are going to have to or-
ganize around restrictive land use policies,Lowe said.
"It really will become a battle between the haves and .
the have-nom"
For that reason,many call the rental issue a"political
time bomb.
"Politically,this will be hefty,"Sternlieb said.
In the meantime,some moderates such as John Kon-
wiser become immoderate when they talk about the ra-
mifications if nothing occurs to reverse trends away
from home ownership and into a shrinking rental mar-
ket.
"I think there could be rioting in the street,"he said.
And renters like Sherry Sigler and John Barker learn
r to live with frustration.:They're still renting their Irvine
townhouse,under the month-to-month beneficence of
their iandlord,and are still looking for that house at the
beach
But their expectations have changed.
"Now that I look it at it,"Sigler said,"$750 a month
isn't very high after all."
fes.
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city density secrets revealed
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Sa s Obispo,CA 93406
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Q Every city has rules to control the number of
D n d housing units that may be built on a given
piece of land. The numbers are expressed in
{ "density," or the number of units on an ac
�
D In the past, when you figured density in San
II Luis Obispo, a unit was a unit, whether it
} was a studio apartment or a five-bedroom
apartment. But no longer.
THE RULES HAVE CHANGED
ei
In apartment zones in San Luis Obispo today,
� Q O a unit with two bedrooms is, by law, a
"standard unit" for the purpose of calculating
Q housing density. An apartment with more than
two bedrooms is more than one standard unit,
V3 Q o An apartment with fewer than two bedrooms is
less than a standard unit.
The density limits set for the R-2, R-3, R-4
x h
as. and R-H zones are in standard units. . These
M w ,✓
maximum densities tell how many two-bedroom
s�ea� i xr r units may be built on an acre. This new
- definition of "unit" was established to
,> $'; art' give the city a better handle on population
density in apartment areas.
The two-bedroom definition of "unit" applies
in the apartment zones whether you want to
Dbuild apartments, houses, condominiums or
Q whatever. It does not apply in the R-1 zone,
which is generally for houses. In the R-1
zone, a unit is a unit no matter how many
bedrooms it has, as long as it's for one
family.
vvh
To find out what you may build inan
apartment zone, you have to first find how •
Q many "standard," two-bedroom units you may
D build. Then, if you want to build something
besides two-bedroom units, you'll have to
translate your units into standard units.
tit•q
-2-
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SOope+Zone=density
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ro
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b
S0 COUNT THOSE BEDROOMS I
1
It works out this way: I horizontal distance
-- a two apartment or condominium vertical distance
is given a factor of 1.00 o SLOPE = horizontal distance x 100
-- other units are calculated as follows:
a studio apartment is half of a "standard
unit," and given a value of 0.50 TABLE OF MAXIMUM DENSITIES
aone- (in two-bedroom units per acre)
"'ate sw.:n.�.c. wwr bedroom dwelling is two-thirds of a _
"unit." Value: 0.66
-� - -, � ZONE
a, �,�
a three-bedroom unit is 1 1/2 "units." R-2 R-3 R-4, R-H
Value: 1.50 FLAT— up to —
10% slope 12 18 24
a four- or more-than-four-bedroom dwelling
equals two "units." Value: 2.00 11% - 15% 8 12 16
W 160 - 20% 6 9 12
0 IT'S EASY
u)
u) 21% - 25% 4 6 8
y r There are three simple steps to calculating
�a 7rar#5*gwtve
the number of housing units you may build on 26% - 30% 2 3 4
a lot in the R-2, R-3, R-4 or R-H zone. On
the back of this brochure there's an example 31% and up 1 1.5 2
of how to do it. Next to the example you'll
find a step-by-step worksheet to figure out
your own lot.
As you'll notice, the steeper your lot, the
Before you begin calculating possible density, fewer units you may build.
you need to know three things about your lot:
To complete your calculations, you'll need to
(1) its area in square feet, use the values the city uses for different
(2) its zoning, and types of units:
(3) the percent of slope if the lot
isn't flat or almost flat. Studio: 0.50
One-bedroom: 0.66
Then use the chart in the next column to Two-bedroom: 1.00
determine the maximum density that applies Three-bedroom: 1.50
to your lot. Natch the slope of your lot Four or more: 2.00
with its zoning. You'll need this number
in step 2 of your calculations. Now you're ready. Turn the page.
-3-
w
� r s
1.J.
,,cam Z
r y t.� x ,_ t '+`„e^'",,1�, a^..'�R.� '`�t��-MfX��• w` �x* �.��g4�q°.a35.��„r.��fi�,q*s it'S4""'� 4 r
^y^ca".""y",g,^s�d'arF.tM+ti�,^`t"�s+icnwwt 4+-Ns-..t.nw.,.r µ„ .ne. r •4"„N,��M M✓r +K- +hs q,�g tuw.wc .t -:� .' d"^�"° A"`""'3w;5`+3.'n`P7^a 'rR'v'4'.av'w+atM+-�T h' 'SM,^k.SY"> +a kwrnfi�,{k.
k
00"I
s-,y Fit 'C., � � ■
hel
to ullu
'Id
how to i
EXAMPLE: YOUR LOT: (Just fill in the blanks)
How many housing units are you allowed How many units may you build on your
to build on a 6,000-square-foot lot in -square-foot lot in an R-
an R-2 district? The lot has no slope district? Tie slope is %. (You don't
to speak of, 2% to be exact. need to know the percentage if it's
almost flat.
CALCULATE THE AREA OF YOUR LOT IN ACRES, BY DIVIDING THE AREA
IN SQUARE FEET BY 43,560.
EXAMPLE: YOUR LOT:
6,000 sq. ft. 43,560 = 0.138 acre I sq, ft. r 43,560 = acre
MULTIPLY THE SIZE OF YOUR LOT IN ACRES BY THE APPROPRIATE
MAXIMUM DENSITY. (Get the right maximum density from the
chart on page 3. )
EXAMPLE: YOUR LOT:
20 slope, R-2 zone = max, dens. 12 % slope, R zone = max. dens.
N R.
0.138 acre x 12 (max. dens.) = 1.66 acre x (max. dens.) _
J z.
You may build 1.66 "standard units" This answer is the number of two-bedroom
ag` on a flat, 6,000-square-foot lot in dwellings you may build,on your lot.
a$+fir �-
�, an R-2 zone.
CHOOSE ANY COMBINATION OF UNIT TYPES WHOSE VALUES ADD UP TO, OR
ARE LESS THAN, THE ANSWER YOU GOT IN STEP 2.
(Unit values are listed on page 3. )
EXAMPLE:
To get your 1.66 "units" you may build any of the following combinations:
One 1-bedroom (0.66) + one studio (0,50) (= 1.16)
— One 2-bedroom (1.00) + one studio (0.50) (= 1.50) •
how f9
md-ny bU
One 1-bedroom (0.66) + two studios (2 x 0.50) (= 1.66)
— One 1-bedroom (0,66) + one 2-bedroom (1.00) (= 1.66)
— Three studios (3 x 0.50) (= 1.50)
One 3-bedroom (1.50) ( 1.50)
and so on.
-4-
M E M O R A N D U M
TO: CITY MANAGER February 2, 1982
FROM: PLANNINGDIRECTOR
SUBJECT: GENERAL PLAN AMENDMENTS: E1 Camino Real Transitional
Study Area
LOCATION: Between Santa Ysabel and Principal easterly of El Camino
Real
APPLICANT: Various/Expanded Area Initiated by Planning Commission
REQUEST: To consider amendment of text and map of the General Plan
within the Study Area
On December 7, 1981 the Planning Commission conducted a public hearing
on the proposed General Plan Amendments unanimously adopting a Condi-
tional Negative Declaration and amending the text of the Land Use and
Circulation Elements and the General Plan land use map as set forth in
the attached Staff Report and Resolution. On January 18, 1982 the
Planning Commission adopted Resolution No. 3-82 affirming its action
of December 7.
There was discussion among the Planning Commission concerning the
items raised in public testimony primarily relating to intrusion of
higher density residential and commercial uses in single family areas.
There was considerable public testimony on the amendment and the min-
utes of that meeting are attached.
/04,v., J61ro '2az 4415ze
LAWRENCE STEVENS MURRAY L ' RDEN
Planning Director City Manager
RESOLUTION NO. 3-82
A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION
RECOMMENDING APPROVAL OF AMENDMENTS TO THE TEXT OF
THE LAND USE AND CIRCULATION ELEMENTS AND TO THE
LAND USE MAP WITHIN THE EL CAMINO REAL TRANSITIONAL
STUDY AREA, INCLUDING APPROVAL OF GENERAL PLAN
AMENDMENTS GP 811001:1 (RAUCH) , GP180325:2 (WALLEY) ,
AND GP 810903:1 (SALMERON) , AND DENIAL OF GENERAL
PLAN AMENDMENTS GP 810930:2 (LINDSEY) , GP 810922:1
(LALANDE) , AND GP 810928:1 (HOHENSTEIN) .
WHEREAS, The Atascadero Planning Commission conducted a public
hearing on the subject matter; and,
WHEREAS, Government Code Section 65323 provides that a general
plan be amended by the adoption of a resolution; and,
WHEREAS , approval of this amendment will not result in any signi-
ficant adverse environmental impacts as long as appropriate mitigation
measures are introduced; and,
WHEREAS, the recommended changes strive to implement logical and
sound, long range planning goals for the City of Atascadero; and
WHEREAS, certain policies contained in the 1980 Atascadero General
Plan can be better implemented by the recommended Land Use and Circu-
lation Element changes and,
WHEREAS, development opportunities are not significantly ' altered
and economic potential is relatively unchanged; and,
WHEREAS, the proposed land use and circulation changes would cre-
ate a logical transition of land uses from more intense to less
intense activities moving eastward from the El Camino Real _ commercial
area.
NOW, THEREFORE, BE IT RESOLVED that the Atascadero Planning Com-
mission does hereby recommend approval of amendments to the text of
the Land Use. and Circulation Elements and to the Land Use Map within
the El Camino Real Transitional Study Area, including approval of
General Plan Amendments GP811001:1 (Rauch) , GP810325: 2 (Walley) , and
GP810903:1 (Salmeron) , and denial of General Pian Amendments GP
810930:2 (Lindsey) , GP810922: 1 (LaLande) and GP810928:1 (Hohenstein) ,
as follows:
1. Changing the text of the Land Use Element on page 60 of the
General Plan under the heading "High Density" to read:
"Shall be permitted along arterials and may be permitted
along collectors and local streets and may include. . .. . . "
RESOLUTION NO. 3-82
2.. Inserting into the text of the Circulation element on Page
124 under the heading of "4. Collectors a. Urban Collectors
the following:
"vi. Santa Ysabel Avenue from Curbaril to Atascadero Creek,
across the proposed bridge crossing, and along Lewis
Avenue from Atascadero Creek to Traffic Way. "
3. Make changes to the 1980 Atascadero General Plan Map as
shown on the attached Exhibit Map entitled"Recommended Land
Use and Circulation Changes to the El Camino Real Transi-
tional Study Area."
On motion by Commissioner and seconded by Commissioner
the foregoing resolution is adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
•
SHIRLEY MORRE Chairman
ATTEST:
LAWRENCE STEVE , Planning Director
APP VED A ORM:
ALLEN GRIMES , City Attorney
2
I INCORPORATEO.JULY 2. 1979
GENERAL PLAN AMENDMENT
CYCLE 1 1982
EL CAMINO REAL TRANSITIONAL STUDY AREA
RECOMMENDED LAND USE
AND CIRCULATION CHANGES
tom' r r.�j�•{r ;... .. .1 •
1
KEY
. HIGH DENSITY MULTIPLE FAMILY
LOTn7 DENSITY MULTIPLE FAMILY
HIGH DENSITY SINGLE FAMILY
: MODERATE DENSITY SINGLE FAMILY
HEAVY COMMERCIAL
RETAIL COMMERCIAL
••+•••+
—ARTERIAL UNDIVIDED
r.•+�♦ COLLECTOR
STUDY AREA BOUNDARY
•
i
Planning Commission Onutes - December 7, 1981
airman Moore took her seat back on the Commission.
CHAIRMAN CALLS A TEN MINUTE RECESS FROM 9 : 25 to : 35 P.M.
4. Continued public hears on General Pla mendment GP811019: 3
to consider minimum lot siz riteri Initiated by Planning
Commission
The Planning Director noted th taff was u le to complete the
report for consideration a his time and reque d that the mat-
ter be continued to the eting of December 21st.
MOTION: Commis i her Wentzel moved to continue General an
Am ment GP811019:3 to the meeting of December 21
ommissioner Summers seconded the motion and it was car-
ried unanimously.
5. Public hearing on General Plan Amendments to consider changes
in the text and map concerning the E1 Camino Real Transition-
al Study area including: GP810325: 2 (Walley) ; GP810903:1
(Salmeron) ; GP810922:1 (LaLande) ; GP810928:2 (Hohenstein) ;
GP810930 : 2 (Lindsey) ; and GP811001:1 (Rauch) Expanded
Study Area initiated by Planning Commission
Mary Beatie made the presentation on this matter , giving a brief
description of the six general plan amendment applications submit-
ted for this cycle. Recommendation for approval was made for
Walley, Salmeron, and Rauch while recommendation for denial was
made for the LaLande, Lindsey, and Hohenstein applications.
Jerry Dortz, Bill Rinkel and Art Cunningham, El Dorado residents,
all spoke in opposition to Mr . Lindsey' s request for a change from
Moderate Density Single Family to High Density Multiple Family on
E1 Dorado stating that the proposed request would alter the
appearance of the neighborhood. It was stated that many property
owners in that area bought their property because of the openness
of the neighborhood and because animals would be allowed there.
They also expressed concern for the potential drainage problem
that could result if apartments were allowed to be constructed.
Marion Young, representing George Salmeron, concurred with Staff ' s
recommendation to approve Mr . Salmeron' s request.
Allen Campbell, representing Mr . Lindsey, pointed to the study
area map explaining that heavy retail commercial which now exists
on E1 Camino Real. Mr . Campbell did not think that one acre lots
are appropriate in an area so close to a major shopping center and
felt the site was appropriate for the proposed development.
JoAnn Knight, El Centro resident, spoke in opposition to the
• Lindsey project stating that access is now restricted in that area
and commented on the drainage that now comes into her back yard.
4
Planning Commission Minutes December 7, 1981
Claudia Tantum, El Dorado resident, also spoke in opposisition to
the Lindsey request. She commented on the increase of noise and
traffic and felt that apartments would be inconsistent with with
that area. Mrs. Tantum also spoke on the drainage problem that
currently exists.
Bob Irvin, Pino Solo resident, spoke in opposition to Mr .
LaLande's request stating if the property was developed would
benefit the owner only.
Janice Wilson, Arcade Road resident, concurred with Mrs. Tantum' s
comments and noted the further impact on the schools if the higher
density was approved.
Jack McCown, Pino Solo resident, stated he was neither for or
against Mr . LaLande's project. He commented on the commercial
property abutting the project site and felt that apartments would
be more feasible than a parking lot.
Larry Welsh, Pino Solo resident, stated his opposition to the
Lindsey project noting the increased traffic flow that would re-
sult on Pino Solo.
Nina Marble, Pino Solo resident, indicated her agreement with
the Planning Department' s recommendation to deny the LaLande
request. She felt that a change to high density was not feasible •
in this area and would create traffic circulation problems because
Pino Solo already has restricted access .
Don Messer , owner of the property on E1 Camino which is directly
in front of Mr . LaLande' s property, asked if his property was
being considered as part of the change in density and inquired
about the access in that area.
John Pryor , representing Mr . LaLande, felt that a more detailed
look at each of the properties should be considered rather than
take a "blanket" approach.
Hank Hohenstein, applicant, noted the difficulty in determining
the land use designations and spoke in support of his request.
He stated he would like to see some of the Professional land use
designation move over to Curbaril. He provided the Commission
with a handout stating several reasons why Professional should be
allowed along Curbaril.
Pat Glacker , owner of the adjacent property to Mr . Hohenstein,
indicated her concurrence with Mr. Hohenstein' s request and asked
that consideration be given to his request.
David Graham, Santa Ysabel resident, spoke in opposition to the
Rauch request noting the drainage problem and run-off which cur-
rently exists on the vacant property. .
5
Planning Commission Minutes - December 7, 1981
Jack Stinchfield, representing Helen Walley, concurred with
Staff ' s recommendation in approving the request.
MOTION: Commissioner Wentzel moved to adopt issuance of a Con-
ditional Negative Declaration and approval of General
Plan text and map amendments as listed in the Staff Re-
port. Commissioner Summers seconded the motion and it
carried unanimously with a roll call vote.
Larry Stevens explained what further steps would be taken with
regard to General Plan applications.
Public hearing on General Plan Amendment GP810930: 1 including
the North El Camino Real Study area to consider changes i
e text and map - Garman/Expanded Study Area initiated y
Pla ing Commission
Commissioner entzel stepped down from the Commission d to ar
possible confl ' t of interest.
Mr . Stevens prese ed the Staff Report on this mat r providing
the Commission wi a background on Mr . Garman' s equest and the
reasons for expanding the Study area.
Cecil Barrett, El Camino eal resident, asked that, if Staff' s
recommendation is adopted, what uses will be lowed.
Lee Gustafson, El Camino Real esident, a lained that he would
like to have a retail boat hop with elated service and asked
when the zoning would be changed o co ly with the General Plan
so this use would be allowed.
Richard Shannon, representing Fran a Marie Sevella, property
owners on E1 Camino, asked th if eir property is designated
Retail Commercial, what effect t would ve on their property.
Gaylen Little, property own on El Camino, commented that having
Commercial Park next t Retail Commercial ould not be feasible
and would like to see th entire Study area changed to Retail
Commercial.
Don Messer stated h would like to see some Light dustrial uses
along the strip that would incorporate service-o ' ented, light
manufacturing ty e uses.
Rod Idler pr erty owner on El Camino Real, asked that if his
property w re allowed to be developed with his appliance ervice
store , wo d that use be compatible with the land use desig tion
recomme ed.
. Stev Garman, applicant, spoke in support of his requested pro
je r and asked the Commission to consider changing the zoning to
1-N in order for Mr . Garman to develop his project.
6
CITY OF ATASCADERO
1913 1979
C C: .
w CASE / Planning Department December 7, 1981
STAFF REPORT
SUBJECT: General Plan Amendments: El Camino Transitional Study
Area
LOCATION: Between Santa Ysabel and Principal easterly of E1 Camino
Real
APPLICANT: Initiated by Planning Commission
REQUEST: To consider amendment of the text and map of the General
Plan concerning the land use designations within the
Study Area.
BACKGROUND
1. Project Description: Five of the six requests received for this
round of general plan amendments were for residential land use
changes. These requests, plus one request carried over from the
previous cycle (Walley) are summarized below:
1. GP 810325: 2 filed by Helen Walley for a change from Moderate
Density to High Density Single Family Residential on Lot 3,
Block HA, Atascadero Colony at 7565 Sombrilla;
2. GP 810903:1 filed by George Salmeron for a change from Low
Density to High Density Multiple Family Residential on Lot
21, Block HA, Atascadero Colony at 7710 Sinaloa;
3. GP 810922: 1 filed by Aime LaLande for a change from Moderate
Density Single Family Residential to High Density Multiple
Family Residential on portion of Lots 2 and 3 of Eaglet
Tract at 9110 and 9160 Pino Solo;
4. GP 810928: 2 filed by Henry Hohenstein for a change from Mod-
erate Density Single Family Residential to Professional Of-
fice on portion of Lot 87 , Block MC, Atascadero Colony at
8760 Curbaril;
5. GP 810930 : 2 filed by Joseph Lindsey for a change from Mod-
erate Density Single Family Residential to High Density
Multiple Family Residential for Lot 24, Block 4 , Eaglet No.
1 at 8500 El Dorado and 8725 El Centro; and,
E1 Camino Transition*Study Area •
6. GP 811001:1 filed by Don Rauch for a change from Low Density
to High Density Multiple Family Residential on Lot 17, Block
JA, at 7326 Santa Ysabel.
The Planning Commission, with Council' s concurrence, adopted
Staff ' s recommendation to expand the area of consideration of the
above summarized requests into one amendment encompassing the s
study area as shown on the attached map.
2. Existing Zoning and General Plan:
APPLICATION ZONING GENERAL PLAN .
GP810325: 2 (Walley) R-A Mod. Dens. Sin. Fam.
GP810903: 1 (Salmeron) R-3-B-2-D Low Dens. Mut. Fam.
GP810922:1 (LaLande) R-A Mod. Dens. Sin. Fam.
GP810928 : 1 (Hohenstein) R-1-B-2-D Mod. Dens. Sin. Fam.
GP810930: 2 (Lindsey) R-1-B-2-D Mod. Dens. Sin. Fam.
GP811001: 1 (Rauch) R-2-B-2-D Low Dens. Mul. Fam.
3. Environmental Determination: Initial study environmental de-
scription forms have been completed for each application. The
Planning Director has prepared a Conditional Negative Declara-
tion indicating the projects will not have a significant adverse
effect upon the environment if certain mitigating measures are
• incorporated into the projects .
STAFF COMMENTS
In evaluating the individual applications, it was determined that
there was an underlying theme in each of the requests which questioned
the existing land use transitions.
The Land Use Element of the General Plan provides the following three
policies which relate to land use transitioning. They are:
"4. High Density residential land uses shall serve as a buffer between
commercial and single family residential areas where appropriate.
5. Residential density shall decrease as one moves outward from the
core, in order to maintain the rural atmosphere of the community.
This can be accomplished by a graded increase in lot size and a
graded decrease in permitted density of population.
7. Multi-residential density areas shall be considered in light of
such specific factors as topography, traffic circulation, drain-
age, fire protection, and general level of use intensity at that
location. " (Page 62)
•
2
E1 Camino TransitioO Study Area •
In addition, the Land Use Element (page 60) includes the following
wording:
"Multiple-Family Residential shall be further divided into:
High Density - Shull be permitted along arterials only. . . . .
Low Density - Shall be permitted in areas not adjacent to
arterials and may P J be permitted adjacent to
Single-Family Residential. "
Each of the amendment requests received points to possible inconsis-
tencies between the General Plan' s text and map and the possible mis-
application of a common planning technique which suggests a gradual
transitioningofland uses from most intense to least intense.
The Rauch (Santa Ysabel) and Salmeron (Sinaloa) requests suggest that
the existing Low Density Multiple-Family designation is not the proper
use adjacent to Retail Commercial and may not appropriately implement
the policies listed above. It seems evident that Residential Policy
Proposal No. 4 intends to encourage high densities adjacent to commer-
cial uses especially in situations such as Salmeron and Rauch where
there is a common property line with commercial uses. The apparent
collector status of Santa Ysabel, especially if the Lewis Avenue
bridge becomes a reality, seems to support a higher density for the
Rauch Application.
In the Walley (Sombrilla) application, the land use requested (High
Density Single Family) is not significantly different (that is within
the concept of appropriate land use transitions) from the existing
land use which is Moderate Density Single Family. The request would
allow smaller lot sizes for single family use facing the multi-family
area on the opposite of Sombrilla. Persuasive points can be made in
support of the High Density Single Family designation on the basis
that it would be a _logical transition from El Camino Real commercial
to multi-family residential to the subject area. In addition, the
significant topographical change at the ridge above the Sombrilla
properties and the availability of sewers along Sombrilla would be
consistent with higher densities. An analysis of existing lot sizes
and population capacity impacts made in conjunction with the prior
general plan review is provided as Attachment No. 1 for additional
information.
The Hohenstein (Curbaril) application suggests that the existing
Moderate Density Single Family designation is not the appropriate use
adjacent to Heavy Commercial and along an undivided arterial such as
Curbaril. In evaluating this application, another issue surfaces.
Should strip commercial be allowed to begin along the Curbaril cor-
rider due to its proximity to El Camino Real commercial and to multi-
family designations across Curbaril? Supportive points could be made
that proper transitional should allow light commercial or offices or
high density residential uses (including multi-family) in such areas.
However , in any transitioning concept, dividing lines must eventually •
be drawn and their location may not be entirely consistent with all
policies since, conflicts will occur . Commercial or office expansion
3
E1 Camino TransitionO Study Area 0
into an area so obviously residential seems premature especially in
light of significant other opportunities for those uses elsewhere in
the City.
A similar approcah can be taken for, the remaining requests by Lindsey
(El Dorado) and LaLande (Pino Solo) . the opportunities for transi-
tioning are not readily available in this area, i.e. using streets or
geographic features as boundaries. In fact, both proposals would
introduce higher density, multi-family uses into areas which are pre-
dominantly single family in character and could easily be viewed as
encroaching rather than transitioning.
Evaluation of the El Camino Real frontage east of Curbaril may point
to the Heavy Commercial designation as being inappropriate especially
in light of the close proximity of single family uses to it. Con-
sideration towards a less intensive commercial activity may be a bet-
ter approach but would require more evaluation than is the case here.
It is also necessary to consider the implications to other general
plan elements, such as circulation. For example, the policy listed
previously with regard to high density multiple-family land uses
being adjacent to arterials only, is not strictly implemented by the
map now. The validity of such a requirement should be questioned.
Due to the level of traffic activity occurring on Santa Ysabel now,
it is already operating effectively as a collector . However , due to
its level of improvement, it may not be operating at its peak
efficiency.
It is suggested, in light of previous discussions and general plan
amendments supporting a bridge crossing over Atascadero Creek con-
necting Santa Ysabel/Capistrano with Lewis Avenue that considera-
tion be given to changing the designation of Santa Ysabel and the
Lewis Avenue extension thereof between Curbaril and Traffic Way from
a local street to a collector.
In considering the discussion of each of the individual applications,
it is obvious that the points raised there can be expanded to sur-
rounding land in similar circumstances. Land use transitions should
generally go from higher intensity activities to lower intensity
activities since this, in addition to site development standards,
can accommodate appropriate separations and buffering. Logical
boundaries should be selected based upon streets , available services,
topographical features, adjacent land uses, existing zoning, existing
development including its site orientation and other similar criteria.
In evaluating all this, it should be understood that the various land
uses designated on the Genreal Plan Map are not properly specific but
become properly specific upon implementation by zoning which considers
these factors through the consistency concept.
FINDINGS
4
E1 Camino Tr nsi
a tioO Study Area
1. Certain policies contained in the 1980 Atascadero General Plan
can be better implemented by the recommended Land Use and Circu-
lation Element changes.
2. The recommended changes strive to implement logical and sound long
range planning goals for the City of Atascadero.
3. Development opportunities are not significantly altered and eco-
nomic potential is relatively unchanged:
4. The proposed land use and circulation changes would create a
logical transition of land uses from more intense to less intense
activities moving eastward from E1 Camino Real commercial.
5. Amendment to the 1980 General Plan as proposed will not result in
any significant adverse environmental impact as long as appro-
priate mitigation measures are introduced.
RECOMMENDATION
Based upon the above findings, the Planning Department recommends:
A. Issuance of a Conditional Negative Declaration as follows:
1. Consideration of individual site and related site charac-
teristics and the potential impacts associated therewith
shall be done in conjunction with future zoning and environ-
mental reviews for detailed development projects.
2. Appropriate traffic circulation shall bemaintained by proper
street use designations and required street improvements;
and,
B. Approval of General Plan text and map amendments as follows:
1. Changing the text of the Land Use Element on page 60 of the
General Plan under the heading "High Density" to read:
"Shall be permitted along arterials and may be permitted
along collectors and local streets and may include. . . . .
2. Inserting into the text of the Circulation Element on Page
124 under the heading of "4. Collectors a. Urban Collectors"
the following:
"vi. Santa Ysabel Avenue from Curbaril to Atascadero
Creek, across the proposed bridge crossing, and along
Lewis Avenue from Atascadero Creek to Traffic Way. "
3. Make changestothe 1980 Atascadero General Plan Map as
shown on , the attached Exhibit Map entitled "Recommended
Land Use and Circulation Changes to the El Camino Real
Transitional Study Area.
5
E1 Camino Transition.*Study Area
ACTION
The Planning Commission should direct Staff as deemed appropriate.
REPORT PREPARED BY:
MARY E. 7qkTIE
Associate Planner
REPORT APPROVED BY: /Onow
LAWRENCE STEVENS
Planning Director
/Ps
6
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CITY OF ATASCADERO
i-E-_77-,r r' Planning Department April 6 1981 F,
913`', C 1 (� 1979
STAFF REPORT
SUBJECT: General Plan Amendment GP810325 :2
LOCATION: 7565 Sombrilla Ave. (Lot 3 Block E)
APPLICANT: Helen J. Walley
REQUEST: To allow a change in land use designation from Mod-
erate Density Single-Family Residential to High Density
Single-Family
BACKGROUND
1. Existing Zoning: R-A
2 . General Plan: Moderate Density Single-Family
3. Environmental Determination: An initial study environmental
• description form has been completed for the project. The
Planning Director has prepared a Negative Declaration for the
project indicating that no significant adverse environmental
effects are likely to occur if the project is ,implemented as
proposed.
4 . Site Conditions: The project site consists of roughly 64 , 000
square feet and is approximately 1. 48 acres. The site is
currently developed with one single-family residence. ]
5. Project Description: The applicant is requesting a change in
the General Plan land use designation from ?Moderate Density
Single-Family to High Density Single-Family to enable creation
of lots with a minimum size of z acre.
STAFF COMMENTS
The existing R-A zoning establishes a minimum lot size of 20 , 000
sq. ft. or slightly less than half an acre. However, the General
Plan specifies that the minimum lot size shall be one acre within
the Urban Services Area if served by -sewers and this latter stan
.dard takes precedence for the creation of new lots. It seems
apparent that the applicant's intent is to amend the General Plan
by changing the land use designation to allow smaller lot sizes.
The High Density Single-Family land use designation would allow
new lots to be half an acre in size.
t
STAFF REPORT - General Plan Amendment GP810325 :2 - 7565 Sombrilla
Ave. (Lot 3 Block E)
Page Two
The subject area is one of mixed residential uses including both
apartments and single family residences. All of the northeasterly
side of Sombrilla as well as the southwesterly side of Sombrilla
between Pueblo and Curbaril is designated similarly to that of
the applicant' s. Furthermore, most of the area easterly of Curbaril
is also designated as Moderate Density although the131acre lot size
applies there since sewers are, for the most part, not available.
The remaining single family areas to the northeast of the subject
property are separated by distinct topographical differences. On
the southeasterly side of Sombrilla easterly of Pueblo the land is
designated for Low Density Multiple Family Residential use while
Santa Ysabel frontage in the area is planned for High Density Mul-
tiple development. The areas designated for apartments are not
fully developed and include a number of lots with only single family
residences.
A review of assessor' s information within the area reveals the
following concerning existing single family lot sizes :
Location Zone Gen. Plan Avg. Size Range
1. n/e side of RA & Moderate 0. 78ac (31 lots) 0. 27-1.75ac
Sombrilla R1B2D Density
2. s/w side of R1B2D Moderate
Sombrilla- Density 0 36ac (15 lots) 0. 22-0 .0ac
Pueblo to
Curbaril
3. ely. side RIB2D Moderate 0. 33ac (est) not
of Curbaril Density determined
This review indicates that the subject property is larger than most
but not all lots in the area. It must be understood that this
disparity results primarily because of lot sizes previously allowed
by the zoning (10, 000 sq. ft. in R1B2D and 20,000 sq. ft. in RA)
and cannot help but to occur whenever more restrictive standards
are established at some future date (i.e. adoption of the 1980 General
Plan) . The degree to which existing lot sizes govern decisions
about future lot sizes will ultimately determine the appropriate land
use designation. It should be noted that the areas included in the
above tabulation are served by existing sewer and are at the peri-
meter of that service.
It must however be pointed out that it is highly inappropriateto
consider only amendment of the property requested in the application.
If the discussion is persuasive enough to demonstrate that the ex-
isting land use designation/lot size standards are inappropriate,
then action to enlarge the area under consideration should be taken.
STAFF REPORT - Ge a1 Plan Amendment GP8103 .2 - 7565 Sombrilla
Ave. (Lot 3 Block E)
Page Three
It is important to understand that similar disparities probably exist
in other areas in the City where many existing lots are somewhat
smaller than General Plan standards will now allow. Staff feels that
this issue may be appropriate for consideration during a comprehen-
sive updating of the Land Use Element rather than in the piecemeal
fashion that favorable consideration of this request might encourage.
Approval could, on a cumulative basis, detrimentally affect major
policy proposals, especially those related to ultimate population
capacity.
FINDINGS
1. Lot sizes established under prior general plans and zoning
-
ordinances are not,in and of themselves, sufficient to warrant
the requested change in land use designation.
2. Consideration of only the subject property is highly inapprop-
riate since it could encourage spot zoning and would reduce
the scope and importance of general plan principles intended
to govern comprehensive rather than piecemeal land use problems.
3. The potential cumulative effects of changes such as is proposed
could dictate comprehensive review of major general plan policies
and proposals.
• RECOMMENDATION
Based upon the _findings, the Planning Department recommends denial of
GP810325 :2.
ACTION
TO APPROVE: Direct Staff as deemed appropriate
TO DENY: Motion to adopt Staff finding and recommendations
REPORT PREPARED BY: ra
MARY E. BEATIE
Associa e Planner
REPORT APPROVED BY: /Ovly
LAWREN STEVENS
PlannirV Director
•
ROBERT J.WILKINS,JR. ( '
MAYOR
WiLL1AM H.STOVER
MAYOR PRO-TEMPORE eae 's
GEORGE P. HIGHLAND
. MARJORIE B. MACKEY INCORPORATED JULY 2, 1979
ROLFE NELSON
MURRAY L.WARDEN ADMINISTRATIONS BUILDING
CITY MANAGER/CLERK -POST OFFICE BOX 747
ATASCADERO,CALIFORNIA 93422 FIRE DEPARTMENT
PHONE (.805) 466.8000 6005 LEWIS AVENUE
ATASCADERO,CA 93422
(805) 466.2141
REPORT FROM THE CITY ATTORNEY
For the
Council Meeting of February 9, 1982
No. -17
f
1. RECENT DECISIONS OF INTEREST
• a. Initiative Ordinance Held Not a Valid Exercise of Police Power
The C.A.4th has held that an initiative ordinance completely precluding
development of multiple family residences is not a valid exercise of
police_power. The court thought that the ordinance was invalid because
it constituted arbitrary and discriminatory rezoning in excess of the
city's police power. The court concluded that the ordinance was not
rationally related to the general regional public welfare. The single
family residential zoning classification contained in the ordinance
was selected, said the court, "purely capriciously" and without con-
sideration of the appropriate planning or land, use criteria, and was
therefore invalid. (Arnel Development Company v. City Costa Mesa,
C.A.4th, December 1, 1981. )
b. Application of the Brown Act
The C.A.lst has held that a group consisting of two members of a city
council and two members of a city planning commission created for the
purpose of making recommendations to the city council about filling
a vacancy on the planning commission was a "legislative body" within
the meaning of the: Brown' Act and was therefore obliged to hold public'
meetings. (Joiner v. Sebastapol, C.A.lst, November 18, 1981.)
C. "Conduct Unbecoming" Held Unconstitutionally Vague
The C.A.2nd has held that a public employee was improperly discharged
for "conduct unbecoming an employee," because the standard was uncon-
stitutionally vague. (Jabola v. Pasadena Redevelopment Agency, C.A.2nd,
November 23, 1981.)
REPORT FROM THE CITY ATTRONEY
No. 17 - Page 2 •
d. City Trespass Ordinance Violated Supremacy Clause
The U.S.C.A.9th has held that a city ordinance requiring mailmen to
obtain the express consent from residences before crossing their lawns
in the course of mail delivery was unconstitutional under the Supremacy
Clause. (U.S. v. City of Pittsburg, U.S.C.A.9th, November 16, 1981.)
e. Limit on Campaign Gifts Held Unconstitutional
The U.S. Supreme Court has held that a municipal ordinance limiting
contributions to ballot committees violates the First Amendment. Bal-
lot measures campaigns cannot be so limited. (Citizens Against Rent
Control v. City of Berkeley, U.S.Sup.Ct. ,,December 14, 1981. )
f. Sale of Bonds at a-Discount Upheld
The C.A.2nd has held that the StreetsandHighways Code does not pro-
hibit the sale of bonds at a discount which results in an interest
rate higher than permitted by statute. (Allis-Chalmers Corporation
v. City of Oxnard, C.A.2nd, November 16, 1981. ) #
g. Fringe Benefits Included in Salary Base for Pension
The C,.A.lst has held that the Public Employees Retirement System (PERS)
must include uniform allowances and holiday pay in the salary base
used for computing pension allowances. The court excluded payments
for unused sick leave. (Rose v. Hayward, C.A.lst, December 18, 1981.)
h. Punitive Transfer of Police Officer Subject to State Act
The C.A.2nd has held that transfer of a police officer resulting in
a lower salary is a matter of state concern within the meaning of
Government Code Section 3301, the Police Officers Bill of Rights.
(Baggett v. Gates, C.A.2nd, December 29, 1981.)
i. nv id
I al Disciplinary Proceeding
The C.A.4th has set aside a police officer's termination because he
"was not provided with a copy of materials upon which his termination
was based and was not accorded a right to respond thereto. (Parker .
v. City of Fountain Valley, C.A.4th, December 23, 1981. )
j. Homestead Did Not Conflict With Subdivision Ordinance
The C.A.lst has held that the creation of a probate homestead by the
probate court does not preempt the application of a local subdivision
ordinance to the division of an estate. (Wells Fargo Bank N.A. v.
Town of Woodside, C.A.1st, December 31, 1981.)
2. PENDING LITIGATION
a. City of Atascadero v. Daly, et al.
No further developments have occurred since my report of April 14,
1981.
REPORT FROM THE CITY ATTORNEY
No. 17 - Page 3
b. Snow, Atascadero Firefighters Association v. City of Atascadero, et al.
Subsequent to the signing of the MOU by the parties, request for aban-
donment of the appeal was forwarded by this office to the attorneys for
plaintiffs. Despite repeated requests, it has not yet been executed
and re urned.
Respectfully mitted,
ALLEN GRIMES
City Attorney
AG:fr
•
r
i
M E M O R A N D U M
TO: City Council - _ _ _ _ _ - _ _ _
FROM: City Manager
SUBJECT: Recommendation for mini-pumper purchase
As you will recall, a few weeks ago we were given an opportunity
to purchase a demonstration mini-pumper at a considerable savings over
the estimated cost for a new unit. Subsequent to that time, we have
sought proposals from seven different vendors to determine the best
possible price and to see if anyone could equal or better the proposed
price for the demonstration unit. The listing of those proposals is
as follows:
Crown Coach Demo, $39,650 plus tax
G. Paoletti Co. , Inc. , $42,000
Beck Fire Apparatus, $36 ,680 .64 total
Albro (Emergency One) , $38,438.78 total
O'Neil Seagrave, did not submit
Gruman Emergency Products, $39,450
Westates Fire Equipment, $42,000 to $44 ,000
Although Beck Fire Apparatus present the lowest proposal by
$1,758 .14, we are recommending purchase of an Emergency One unit for
the following reasons:
1. Emergency One is a proven leader in quality and affordable
fire equipment
2. It has more compartment space; approximately 21'1 cubic feet
more. As this unit is going to be used as a. combination
unit, adequate compartment space becomes critical.
3. Emergency _One has all aluminum construction, uses a 250 GPM
Hale Pump with power take off, with a 260 gallon all aluminum
tank, which allows this unit the capability to pump and roll
(or act as mobile pump) in response to wildland fires.
4. We have trained Hale Pump repair personnel within the depart-
ment and we stock some repair parts. (All present pumps in
the department are Hale Pumps. )
5. Emergency One can deliver in two to four weeks! vs. two to
five months by Beck.
6. Emergency One will deliver a 1982 model for the pricequoted
above which was for a 1981 model.
7 . The design of the unit will permit modular replacement of the
firefighter equipment on a new engine and chassis if, at gime
of future replacement, this approach appeared cost-effective.
Memorandum - Mini-Sper
Our fire personnel have done consideratable research comparing
capabilities and dollar values of this type of equipment. Their con-
clusion is that the difference in cost between the Emergency One and
the Beck equipment is more than offset by Emergency One's added capa-
bilities and newer model.
We have $18,000 in our current budget which was designated to con-
vert standard transmission on a existing pumper to an automatic. Af-
ter further evaluation, it is felt that this conversion is not neces-
sary and that the money could be better spent on acquisition of new
equipment. It should also be noted that the 1982-83 Capital Improve-
ment Plan had $50,000 earmarked for acquisition of 'a mini-pumper.
The equipment is needed and, by purchasing now, will result in a
considerable savings with the added benefit that the current rescue
truck, which will be replaced by the Emergency One unit, will be
turned over to the Public Works Department for their use, thereby sav-
ing an additional equipment acquisition cost.
It is recommended that you authorize Staff to purchase the Emer-
gency one mini-pumper and that necessary funds be transferred from
reservetopurchase this equipment.
MURRAY L. WARDEN •
MLW:ad
2-2-82
2 I
�i
' . f� • • } Dl-
M
E M O R A N D U M
TO: City Manager
FROM: Director of Public Works
SUBJECT: Agreement for Construction of Ferrocarril
Railroad Crossing Protection Devices
It is recommended that Council approve the Resolution
agreeing to provide construction matching funds to construct
automatic crossing gates at the railroad crossing on
Ferrocarril Road.
The State-Federal portion of the project is estimated at
$70 , 425 while the City share is $7,825. Funds for this pur-
pose are in the fiscal year 1981-82 budget.
The automatic gates will be installed and maintained by
Southern Pacific.
A copy of the approved Resolution is to be attached to
the executed agreements and returned to the Local Assistance
Office of Caltrans. Upon execution by the State, a copy of
each agreement will be returned totheCity.
j1kRRY MCPHERSON
LM:vh
atts.
• � ,.�``�.�f ALL"`"'
RESOLUTION NO. 6-82
A RESOLUTION OF THE CITY OF ATASCADERO APPROVING THE
EXECUTION OF THE LOCAL-STATE AGREEMENT FOR FEDERAL
AID PROJECTS FOR THE CONSTRUCTION OF FERROCARRIL ROAD
RAILROAD CROSSING PROTECTION.
WHEREAS, the Legislature of the State of. California has enacted
legislation making Federal funds available for railroad crossing pro-
tection devices
ro-tection-devices on local roadways, and;
WHEREAS-, the local agency is required to provide ten (10) per-
cent of the estimated construction cost for these crossing pro-
tection devices, and;
WHEREAS, itis in the best interests of the City of Atascadero
to have automated control gates constructed at the Ferrocarril Road
railroad crossing, and;
NOW, THEREFORE, BE IT RESOLVED that:
i
1 - City agrees to execute the Local Agency-State Agreement and
Program Supplement No. 1.
2 - City will provide a local share of the construction cost for
the railroad crossing protection device in the estimated
amount of $7 ,825.
3 - State will provide Federal Funds in the estimated amount of
$70,425.
4 - No. 9- automatic crossing gates will be installed at
Ferrocarril crossing by the Southern Pacific Transportation
Company.
The City, Clerk shall certify to the adoption of this Resolution
and shall cause this Resolution and his certification to be entered
in the Book of Resolutions of the Council of this City.
Adopted:
ROBERT J. WILKINS, JR. , Mayor
ATTEST:
MURRAY L WARD , City Clerk
AP OVED AS T ORM:
ALLEN GRIMES, City Attorney
Local Ay City-of Atascadero
Date January 15, 1982
Supplement No. 1
. To,Local Agency-State
Agreement No. 05-5423
05-SLO-0-Atas
RRP-0079 (008)
PROGRAM Ferrocarril Rd. @ SPTC
OF Xing- No . E-225 .1
LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS
IN THE
CITY OF ATASCADERO
Local Agency
t
Pursuant to the Federal Highway Safety Act, the attached "Program" of Federal-Aid Projects
marked "Exhibit B" is hereby incorporated in that Master Agreement for the Federal-Aid
Program which was entered into between the above named LOCAL AGENCY and the STATE
on , and is subject to all of the terms and conditions
thereof.
The subject program is adopted in accordance with Paragraph 2 of Article II of the afore-
mentioned agreement under authority of City/05Resolution No.
approved by the City Council/M'ilX4,XgYa ]6KKL sXon
(See copy attached).
•
CITY OF ATASCADERO
Local Agency
By Title
Approved for State Attest:
Clerk-
District
lerkDistrict Director of Transportation Date
District 05
Department of Transportation
I hereby Certify upon my own personal knowledge that budgeted funds are available
for this encumbrance.
L7
ccounting Officer
• Chapter S atutes It m Fiscal Year Program NSU Category Fund Source
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[_()CAL PGO ICYSTATE PGP,EE E IT
FOR
FEDERAL-AID PROJECTS
05 San Luis Obispo Atascadero
istric ----County City
AGREEMENT NO. 05-5423
MASTER AGREEMENT
THIS AGREEMENT, made in duplicate this day of
_' 19--..%-, by and between the Cit of Atascadero ,
political subdivision(s) of the State of California hereinafter referred
to as "LOCAL AGENCY", and the STATE OF CALIFORNIA, acting by and through
the Department of Transportation, herinafter referred to as "STATE
WITNESSETH:
•
WHEREAS, the Congress of the United States has declared it to be
in the national interest for Federal Funds to be expended for highway,
fringe parking, bicycle transportation, pedestrian walkways, and mass
transportation projects; and
WHEREAS, the Legislature of the State of California has enacted
legislation by which certain Federal funds authorized may be made
available for use on local transportation facilities in accordance
with the intent of Federal acts; and
WHEREAS, there exists a compelling need for improvements or
restoration of roads, streets, highways, fringe parking, and public
transportation facilities within the boundaries of LOCAL AGENCY; and
WHEREAS, LOCAL AGENCY and STATE therefore desire to make use of
such Federal funds as may be made available within the jurisdictional
boundaries of said LOCAL AGENCY; and
WHEREAS, before Federal-aid will be made available for projects,
LOCAL AGENCY and STATE are required to enter into an agreement relative
to prosecution of the said project and maintenance of the completed
facility.
DH-OLA 255 (4-77)
- r
THEREFORE, the parties agree as follows;
ARTICLE I - CONDITIONS
1 . Projects located in urbanized areas (unless exempt) must
be part of a program which serves to implement an areawide plan held
currently valid by the regional transportation policy board.
2. Federal funds may participate only in work which has been
officially programmed to and authorized by the Federal Highway
Administration in advance of its performance.
3. Funds apportioned such as the STATE's share of FAS funds
are considered Federal-aid funds.
ARTICLE II IMPROVEMENTS/RESTORATIONS
1. The term "IMPROVEMENT" or "RESTORATION" as used herein
means any work that is financed in part with Federal funds.
2. The Supplemental Local Agency-State Agreement (program
supplement) shall be in a form prescribed by STATE; andshall
designate who shall advertise, award, and administer the contract,
the Federal funds requested, and the matching funds to be provided
by LOCAL AGENCY, and, if a State Highway is involved, the matching
funds to be provided by STATE. Adoption of the program supplement
by LOCAL AGENCY and approval by STATE shall cause such program
supplement to be a part of this agreement as though fully set forth
herein. Unless otherwise delegated the program supplement shall be
approved by the LOCAL AGENCY's governing body. Cooperative projects
including work on a State highway shall be the subject of a separate
cooperative agreement.
3. In processing IMPROVEMENTS or RESTORATIONS, LOCAL AGENCY
will conform to all STATE statutes, regulations and procedures (in-
cluding those set forth in the STATE's Local Programs Manual ) re-
lating to the federal-aid program and to all applicable Federal laws,
regulations, and policy and procedural or instructional memoranda.
This includes, but is not limited to, the holding of public hearings
when required, the publishing of various press notices, and the pre-
paration of plans, specifications, and estimates.
4. Unless otherwise designated in the approved program supple-
ment, improvements will be constructed by contract in accordance with
i
DH-OLA 255 (4-77 -2-
Certification Acceptance procedures approved by the FHWA. Such pro-
cedures require the use of Specifications described in the State's
Certification; STATE approval of plans, special provisions and esti-
mated costs prior to advertisement; a certification by LOCAL AGENCY
with respect to the right-of-way; and advertisement for a minimum
of 3 weeks prior to bid opening. The contract will be awarded by
LOCAL AGENCY, its agent, or by STATE as may be determined between
the parties prior to each project advertisement.
5. When the IMPROVEMENT or RESTORATION includes work to be
performed by a railroad, the contract for such work shall be entered
into by LOCAL AGENCY or by STATE, as parties hereto agree. A con-
tract entered into by LOCAL AGENCY for such work must have prior
approval of STATE. In either event, LOCAL AGENCY shall enter into
an agreement with the railroad providing for maintenance of the.pro-
tective devices or other facilities installed under the service
contract.
6. LOCAL AGENCY shall provide or arrange for adequate super-
vision and inspection of each improvement, including contracts awarded
by STATE. With prior State approval, surveying, inspection and test-
ing may be performed by a consulting engineer provided an employee of
LOCAL AGENCY is in responsible charge.
7. STATE shall exercise general supervision over Federal-aid
improvements and may assume full and direct control over the project
whenever STATE, at its sole discretion, shall determine that its
responsibility to the United States so requires. LOCAL AGENCY
contracts shall so stipulate.
ARTICLE III - RIGHTS-OF-WAY
1. No contract for the construction of a Federal-aid IMPROVE-
MENT or RESTORATION project shall be awarded until the necessary
rights-of-way have been secured. Prior to the advertising of a proj-
ect on a local street, LOCAL AGENCY shall certify and upon request
shall furnish STATE with evidence that necessary rights-of-way are
available for construction purposes or will be available by the time
of contract award
2. LOCAL AGENCY agrees to hold STATE harmless from any lia-
bility which may result in the event the right-of-way is not clear
as certified. The furnishing of right-of-way as provided for herein
includes, in addition to all real property required for the improve-
ment free and clear of obstructions and encumbrances affecting the
•
DH-OLA 255 (4-77) -3-
proposed project, the payment as required by applicable law of dam-
ages to real property not actually taken but injuriously affected by
the proposed improvement. LOCAL AGENCY shall pay from its funds
any costs which arise out of delays to the contractor because utility
facilities have not been removed or relocated, or because rights-of-
way have not been made available to the contractor for the orderly
prosecution of the work.
3. Subject to STATE approval and such supervision over LOCAL
AGENCY's right-of-way acquisition procedures as STATE may determine
is necessary, LOCAL AGENCY may claim reimbursement from Federal funds
for expenditures to purchase rights-of-way included in an approved
project.
4. The LOCAL AGENCY will comply with Title II and III of the
Uniform Real Property Acquisition Policy.
5. Whether or not Federal-aid is to be requested for right-of-
way, should LOCAL AGENCY, in acquiring right-of-way for a Federal-aid
IMPROVEMENT, displace an individual, family, business, farm operation,
or non-profit organization, relocation payments and services will be
provided as set forth in Chapter 5 of Title 23, U.S. Code. The public
will be adequately informed of the relocation payments and services
which will be available, and, to the greatest extent practicable, no
person lawfully occupying real property shall be required to move from
his dwelling or to move his business or farm operation without at least •
90-days written notice from the LOCAL AGENCY. LOCAL AGENCY will pro-
vide the State with specific assurance, on each project, that no person
will be displaced until comparable decent, safe and sanitary replace-
ment housing is available within a reasonable period of time prior to
displacement, and that LOCAL AGENCY's relocation program is realistic
and is adequate to provide orderly, timely and efficient relocation
of displaced persons for the project as provided in FHPM 7-5.
ARTICLE IV FISCAL PROVISIONS
1. When a Federal-aid IMPROVEMENT or RESTORATION contract is
to be awarded by STATE, matching funds will be provided by LOCAL AGENCY
prior to the time that such funds are required to reimburse contractor.
STATE will bill LOCAL AGENCY for amount due immediately following con-
tract award, or at option of LOCAL AGENCY, will submit monthly bills
during life of contract.
2. The estimated total cost of Federal-aid projects, the amounts
of Federal-aid programmed, and the matching amounts agreed upon may be
DH-OLA 255 (4-77) -4
adjusted by mutual consent of the parties hereto, provided funds are
available to cover increases and provided Federal Highway Administration
concurs in any increase in the Federal-aid.
3. Upon submittal by LOCAL AGENCY of a statement of expenditures
for Federal-aid improvements, STATE will pay its agreed share and if
permitted by State Law will advance an amount equal to the legal pro
rata Federal share of the costs believed to be eligible for participa-
tion with Federal funds or will voucher Federal Highway Administration
for reimbursement.
4. LOCAL AGENCY shall use its own funds to finance the Local
share of eligible costs and expenditures ruled ineligible for financ-
ing with Federal funds. STATE shall make preliminary determination
of eligibility for Federal fund financing. Ultimate determination
shall rest with the Federal Highway Administration. Any overpayment
of amounts due shall be returned to STATE upon demand.
5. When any portion of a LOCAL AGENCY project is performed by
STATE, charges therefor shall include assessment on direct labor costs
in accordance with Section 8755.1 of the State Administrative Manual .
The portion of such charges not financed with Federal funds shall be
paid from funds of LOCAL AGENCY.
• 6. Should LOCAL AGENCY fail to pay monies due STATE within 30
days of demand or within such other period as may be agreed between
the parties hereto, STATE, acting through State Controller, may with-
hold an equal amount from future apportionments due LOCAL AGENCY from
the Highway Users Tax Fund.
7. Auditors of STATE and the United States shall be given access
to LOCAL AGENCY's books and records and shall be given such assistance
and information as is requested for the purpose of checking costs paid,
or to be paid by STATE hereunder.
ARTICLE V - MISCELLANEOUS PROVISIONS
1. This agreement shall have no force or effect with respect
to any project unless and until said project has been authorized by
the Federal Highway Administration and a Program Supplemental Agree-
ment has been executed.
2. The Congress of the United States, the Legislature of the
State of California, and the Governor of the State of California,
each within their respective jurisdiction, have prescribed certain
employment practices with respect to contract and other work financed
•
DH-OLA 255 (4-77) -5-
with Federal or State funds. LOCAL AGENCY shall insure that work per-
formed under this agreement is doe in conformance with rules and
regulations embodying such requirements where they are applicable.
Nondiscrimination Assurances, Exhibit "A", are hereby considered a
part of this agreement.
3. When Federal funds are to participate in the cost of work
done by a consultant, the agreement or contract with the consultant
may not be executed or awarded until the selection of the consultant
and the terms of the agreement or contract have been approved by
STATE. Such agreement or contract shall include a provision that
the work and records of the consultant are subject to inspection at
all times by representatives of LOCAL AGENCY, STATE and the Federal
Highway Administration and that agreement or contract may be terminated
by LOCAL AGENCY upon a finding that the consultant is failing to live
up to the terms of the agreement or contract. All major changes in
the agreement or contract must have prior approval of the STATE. As
soon as agreement or contract with consultant has been awarded, two
certified copies of said agreement or contract shall be submitted to
STATE.
4. LOCAL AGENCY and its contractors shall retain all original
records and documents relating to work hereunder financed in part
with Federal funds and shall make same available for inspection by
STATE and Federal representatives upon request. Following final
settlement of the project accounts with the Federal Highway Adminis-
tration, such records and documents may be microfilmed at the option
of LOCAL AGENCY, but in any event shall be retained for a three-year
period after FHWA payment of final voucher, or a four-year period from
the date of final payment under the contract, whichever is longer.
5. (a) Neither STATE nor any officer or employee thereof shall
be responsible for any damage or liability occurring by reason of any-
thing done or omitted to be done by LOCAL AGENCY under or in connection
with any work, authority or jurisdiction delegated to LOCAL AGENCY
under this agreement. It is also understood and agreed that, pursuant
to Government Code Section 895.4, LOCAL AGENCY shall fully indemnify
and hold STATE harmless from any liability imposed for injury (as defined
by Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by LOCAL AGENCY under or in connection with any work,
authority or jurisdiction delegated to LOCAL AGENCY under this agreement.
(b) Neither LOCAL AGENCY nor any officer or employee thereof,
shall be responsible for any damage or liability occurring by reason of
anything done or omitted to be done by STATE under or in connection with
any work, authority or jurisdiction not delegated to LOCAL AGENCY under
this agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4, STATE shall fully indemnify and hold
nu ni Ar,r ln_771
LOCAL AGENCY harmless from an f
y liability imposed or injury (as defined
by Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by STATE under or in connection with any work,
authority or jurisdiction not delegated to LOCAL AGENCY under this
agreement.
ARTICLE VI t1AINTENANCE
1 . Upon acceptance by the awarding authority of a completed
Federal-aid project or upon the contractor being relieved of the
responsibility for maintaining and protecting a portion of the work,
the agency having jurisdiction over the transportation facility
shall maintain the completed work in a manner satisfactory to the
authorized representatives of the State and the United States. If,
within 90 days after receipt of notice from STATE that a project on
a transportation facility under its jurisdiction or any portion thereof,
is not being properly maintained, LOCAL AGENCY has not satisfactorily
remedied the conditions complained of, the approval of further Federal-
aid projects of LOCAL AGENCY will be withheld until the project shall
have been put in a condition of maintenance satisfactory to STATE and
the Federal Highway Administration. The provisions of this section
shall not apply to a transportation facility which has been vacated
• through due process of law.
2. The maintenance referred to in paragraph l above includes
not only the physical condition of the facility but its operation as
well. Traffic Operations Improvements on local streets shall be main-
tained by an adequate and well-trained staff of traffic engineers and
technicians. Said maintenance staff may be employees of a LOCAL AGENCY,
another unit of government or a consultant under contract with a LOCAL
AGENCY.
}
DH-OLA 255 (4-77) -7-
IN WITNESS WHEREOF, the parties have executed this agreement by
their duly authorized officers.
STATE OF CALIFORNIA CITY OF ATA. (-AnFRn
DEPARTMENT OF TRANSPORTATION
DISTRICT _nc; .
By By
District Director of Transportation Mayor
ATTEST:
Approval Recommended: City Clerk
oca i Ass i s wi e Engineer
COU Y OF •
By.
Chairman, Bo o Supervisors
AT/
TEST:
er of Board
•
DH-OLA 255 (4-77) -8-
•
PREE IT
C11IIIT „ ,
NONDISCRIMINATION ASSURANCES
The COUNTY/CITY of Atascadero (hereinafter)
referred to as the RECIPIENT HEREBY AGREES THAT as a condition to
receiving any Federal financial assistance from the California Department
of Transportation, acting for the U. S. Departnent of Transportation, it
will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT) ,
and all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of
the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964 (hereinafter referred to as the REGULATIONS), the
Federal-aid Highway Act of 1973, and other pertinent directives, to the
end
that in accordance
with the ACT, REGULATIONS and other pertinent
directives, no person in the United States shall, on the grounds of
race, color, sex, or national origin, be excluded from participation in,
be denied the benefits of r otherwise o be othe wise sub'Jected to discrimination
• under any program or activity for which the RECIPIENT receives Federal
financial assistance from the Federal Department of Transportation,
HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary
to effectuate this agreement. This assurance is required by subsection
21.7(a) (1 ) of the REGULATIONS.
More specifically and without limiting the above general assurance,
the RECIPIENT hereby gives the following specific assurances with respect
to its Federal-aid Program:
1 . That the RECIPIENT agrees that each "program" and each
"facility" as defined in subsections 21.23 (e) and 21.23 (b) of
the REGULATIONS, will be (with regard to a "program") conducted,
or will be (with regard to a "facility") operated in compliance
with all requirements imposed by, or pursuant to, the REGULATIONS.
2. That the RECIPIENT shall insert the following notification
in all solicitations for bids for work or material subject to the
REGULATIONS made in connection with the Federal-aid Program and,
in adapted form in all proposals for negotiated agreements:
DH-OLA 255 (4-77) -9-
AGREEMENT
EXHIBIT "All •
The (COUNTY/CITY of Atascadero or
other approved contracting authority) hereby notifies
all bidders that it will affirmatively insure that in
any contract entered into pursuant to this advertisement,
minority business enterprises will be afforded full opportu-
nity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color,
sex, or national origin in consideration for an award.
3. That the RECIPIENT shall insert the clauses of Appendix A
of this assurance in every contract subject to the ACT and the
REGULATIONS.
4. That the clauses of Appendix B of this assurance shall be
included as a covenant running with the land, in any deed from the
United States effecting a transfer of real property, structures, or
improvements thereon, or interest therein.
5. That where the RECIPIENT receives Federal financial assist-
ance to construct a facility, or part of a facility, the assurance
shall extend to the entire facility and facilities operated in connec-
tion therewith.
6. That where the RECIPIENT receives Federal financial assist-
ance in the form, or for the acquisition of real property or an interest
in real property, the assurance shall extend to rights to space on, .
over, or under such property.
7. That the RECIPIENT shall include the appropriate clauses
set forth in Appendix C of this assurance, as a covenant running with
the land, in any future deeds, leases, permits, licenses, and similar
agreements entered into by the RECIPIENT with other parties:
(a) for the subsequent transfer of real property acquired
or improved under the Federal-aid Program; and
(b) for the construction or use of or access to space on,
over, or under real property acquired, or improved
under the Federal-aid Program.
8. That this assurance obligates the RECIPIENT for the period
during which Federal financial assistance is extended to the program,
except where the Federal financial assistance is to provide, or is in
the form of, personal property, or real property or interest therein
or structures or improvements thereon, in which case the assurance
obligates the RECIPIENT or any transferee for the longer of the fol-
lowing periods:
DH-OLA 255 (4-77) -10-
• A GREEMENT
EXHIBIT "A"
(a) the period during which the property is used for a
purpose for which the Federal financial assistance
is extended, or for another purpose involving the
provision of similar services or benefits; or
(b) the period during which the RECIPIENT retains own-
ership or possession of the property.
9. The RECIPIENT shall provide for such methods of administra-
tion for the program as are found by the U. S. Secretary of Transpor-
tation, or the official to whom he delegates specific authority, to
give reasonable guarantee that it, other recipients, subgrantees, con-
tractors, subcontractors, transferees, successors in interest, and
other participants of Federal financial assistance under such program
will comply with all requirements imposed by, or pursuant to, the
ACT, the REGULATIONS and this assurance.
10. The RECIPIENT agrees that the United States and the State
of California have a right to seek judicial enforcement with regard
to any matter arising under the ACT, the REGULATIONS, and this
assurance.
THIS ASSURANCE is given in consideration of and for the purpose
• of obtaining any and all Federal grants, loans, contracts, property,
discounts or other Federal financial assistance extended after the
date hereof to the RECIPIENT by the California Department of Transpor-
tation, acting for the U. S. Department of Transportation, and is
binding on it, other recipients, subgrantees, contractors, subcon-
tractors, transferees, successors in interest and other participants
in the Federal-aid Highway Program.
•
DH-OLA 255 (4-77) -11-
AGREEMENT
EXHIBIT "A
APPENDIX A !
During the performance of this contract, the contractor, for
itself, its assignees and successors in interest (hereinafter referred
to as the CONTRACTOR) agrees as follows:
(1 ) Compliance with Regulations: The CONTRACTOR shall comply
with the regu ations re ative to nondiscrimination in Federally-assisted
programs of the Department of Transportation, Title 49, Code of Federal
Regulations, Part 21 , as they may be amended from time to time, (here-
inafter referred to as the REGULATIONS), which are herein incorporated
by reference and made a part of this contract.
(2) Nondiscrimination: The CONTRACTOR, with regard to the
work performed by it during the contract, shall not discriminate on
the grounds of race, color, or national origin in the selection and
retention of subcontractors, including procurements of materials and
leases of equipment. The CONTRACTOR shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5
of the REGULATIONS, including employment practices when the contract
covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Subcontracts Includin5 Procurements of
Materials and E ui ment: In all solicitations either by competitive
bidding or negotiation made by the CONTRACTOR for work to be performed •
under a subcontract, including procurementsofmaterials or leases of
equipment, each potential subcontractor or supplier shall be notified
by the CONTRACTOR of the contractor's obligations under this contract
and the REGULATIONS relative to nondiscrimination on the grounds of
race, color, or national origin.
(4) Information and Re o� rts: The CONTRACTOR shall provide all
information -a—n-d reports required by the REGULATIONS, or directives
issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be
determined by the State highway department or the Federal Highway
Administration to be pertinent to ascertain compliance with such
REGULATIONS or directives. Where any information required of a con-
tractor is in the exclusive possession of another who fails or refuses
to furnish this information, the CONTRACTOR shall so certify to the
State highway department, or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to obtain
the information.
(5) Sanctions for Noncompliance: In the event of the CONTRACTORS's
noncompliance with the nondiscrimination provisionsofthis contract,
DH-OLA 255 (4-77) -12
AGREEMENT
EXHIBIT "A"
•
the State highway department shall impose such contract sanctions as it
or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) withholding of payments to the CONTRACTOR under
the contract until the CONTRACTOR complies; and/or
(b) cancellation, termination or suspension of the
contract, in whole or in part.
(6) Incorporation of Provisions: The CONTRACTOR shall include
the provisions of paragraphs through (6) in every subcontract,
including procurements of materials and leases of equipment, unless
exempt by the REGULATIONS, or directives issued pursuant thereto.
The CONTRACTOR shall take such action with respect to any subcontract
or procurement as the State highway department or the Federal Highway
Administration may direct as a means of enforcing such provisions in-
cluding sanctions for noncompliance: Provided, however, that, in the
event a contractor becomes involved in, or is threatened with, litiga-
tion with a subcontractor or supplier as a result of such direction,
the CONTRACTOR may request the State highway department to enter into
such litigations to protect the interests of the State, and, in addition,
the CONTRACTOR may request the United States to enter into such litiga-
tion to protect the interests of the United States.
•
i
DH-OLA 255 (4-77) -13
EXHIBIT 'A'
APPENDIX B
The following clauses shall be included in any and all deeds •
effecting or recording the transfer of real property, structures or
improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the Department of Transportation, as authorized
by law, and upon the condition that the RECIPIENT will accept title to
the lands and maintain the project constructed thereon, in accordance
with Title 23, United States Code, the Regulations for the Adminis-
tration of Federal Aid for Highways and the policies and procedures
prescribed by the Federal Highway Administration of the Department of
Transportation and, alsoinaccordance with and in compliance with the
Regulations pertaining to and effectuating the provisions of Title VI
of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to
2000d-4) , does hereby remise, release, quitclaim and convey unto the
RECIPIE14T all the right, title and interest of the Department of Trans-
portation in and to said lands described in Exhibit "A" attached here-
to and made-a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the
•
RECIPIENT and its successors forever, subject, however, to the covenant,
conditions, restrictions and reservations herein contained as follows,
which will remain in effect for the period during which the real prop-
erty or structures are used for a purpose for which Federal financial
assistance is extended or for another purpose involving the provision
of similar services or benefits and shall be binding on the RECIPIENT,
its successors and assigns.
The RECIPIENT, in consideration of the conveyance of said lands
and interests in lands, does hereby covenant and agree as a covenant
running with the land for itself, its successors and assigns, that
(1 ) no person shall on the grounds of race, color, or
national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected
to discrimination with regard to any facility located
wholly or in part on, over, or under such lands hereby
conveyed (9) (and)*
DH-OLA 255 (4-77) -14- •
AGREUIENT
EXHIBIT "A
APPENDIX B
(2) that the RECIPIENT shall use the lands and interests
in lands so conveyed, in compliance with all require-
ments imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21 , Non-
discrimination in Federally-assisted programs of
the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended (,) and
(3) that in the event of breach of any of the above-
mentioned nondiscrimination conditions, the Department
of Transportation shall have a right to re-enter said
lands and facilities on said land, and the above de-
scribed land and facilities shall thereon revert to
and vest in and become the absolute property of the
Department of Transportation and its assigns as such
interest existed prior to this deed.*
•
*Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title VI of the Civil Rights Act of 1964.
•
DH-OLA 255 (4-77) -15-
AGREEMENT
EXHIBIT "A"
APPENDIX C
The following clauses shall be included in any and all deeds,
licenses, leases, permits, or similar instruments entered into by
the RECIPIENT, pursuant to the provisions of Assurance 7(a).
The (grantee, licensee, lessee, permittee, etc. , as appropriate)
for himself, his heirs, personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant
and agree (in the case of deeds and leases add "as covenant running with
the land") that in the event facilities are constructed, maintained, or
othen,iise operated on the said property described in this (deed, license,
lease, permit, etc. ) for a purpose for which a Department of Transpor-
tation program or activity is extended or for another purpose involving
the provision of similar services or benefits, the (grantee, licensee,
lessee, permittee, etc. ) , shall maintain and operate such facilities
and services in compliance with all other requirements imposed pursuant
to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of Secretary,- Part 21 , Nondiscrimination in Federally
assisted programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination •
covenants, the RECIPIENT shall have the right to terminate the (license,
lease, permit, etc.) and to re-enter and repossess said land and the
facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to re-enter said land
and facilities thereon, and the above-described lands and facilities
shall thereupon revert to and vest in and become the absolute property
of the RECIPIENT and its assigns.
The following shall be included in all deeds, licenses, leases,
permits, or similar agreements entered into by the RECIPIENT, pursuant
to the provisions of Assurance 7 (b).
* Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the Purposes of Title VI of the Civil Rights Act of 1964.
DH-OLA 255 (4-77) -16-
I _
AGREEMENT
EXHIBIT "All •
APPENDIX C
The (grantee, licensee, lessee, permittee, etc., as appropriate)
for himself, his personal representatives, successors in interest and
assigns, as a part of the consideration hereof, does hereby covenant
and agree (in the case of deeds, and leases add "as a covenant running
with the land") that:
(i ) no person on the ,ground of race, color, sex, or national
origin shall be excluded from participation in, denied the benefits
of, or otherwise subjected to discrimination in the use of said
facilities,
(2) that in the construction of any improvements on, over, or
under such land and the furnishing of services thereon, no person
on the ground of race, color, sex, or national origin shall be ex-
eluded ,from participation in, denied the benefits of, or otherwise be
subjected to discrimination,
(3) that the (grantee, licensee, lessee, permittee, etc. ,) shall
use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc. )*
• That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to terminate the (license,
lease, permit, etc. ) and to re-enter and repossess said land and the
-
facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to re-enter said land
and facilities thereon, and the above described lands and facilities
shall thereupon revert to and vest in and become the absolute property
of the RECIPIENT, and its assigns.
* Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title VI of the Civil Rights Act of 1964.
•
DH-OLA 255 (4-77) -17-