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HomeMy WebLinkAboutAgenda Packet 11/22/1982 AGENDA ATASCA ERO CITY COUNCIL Regular Meeting .November 22„ 19E2 7:30 p.m. tascadero Admi istration Building .Call to Order Pledge of Allegiance 'Invocation Roll Call d . GY•v�s �t�6,: e�a» Z Public Commentw/ sfi,�;ne�o 54 NGJup City Council Comments •spy Ism, nr �- rlPeJ�c . l •Aviva 1 fti, S 4y t C 1 au &s ,tiF /H A. • ONSEN� ZA ENDAR �t.[.�6�� 7V NOTICE TO THE PUBLIC All matters listed under Stem A, Consent Calendar, are considered to be routine and will be enacted ,by one motion in the form listed below. There w11 be no separate discussion of these items. If dis- cussion - dar and will be considered separately. Vote may be by roll cal-l. 1. Minute of the regular meeting of. November 8, 1982 (RECOMMEND APPROV L) 2. Acceptance of Parcel Map AT 80-96, 8600 El Camino Real', Dove Investments (Stewart) (RECOMMEND APPROVAL OF PLANNING -COMMIS- { G SIONRECOMMENDATION) 3. Acceptince of Parcel Map AT 80-97, 8600 E1 Camino Real:,' Eag- let I vestments (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMIS ION RECOMMENDATION) 4. Tentat ve Parcel Map AT 820916:1, 6450 Nacimiento Avenue, Thomas Davis/Pat Glakeler (Pults) to merge three existing parcelE into one parcel (RECOMMEND APPROVAL OF PLANNING MISSIOb RECOMMENDATION) 5. Tentative Parcel Map AT 810820:1, - 3295 San Fernando Road, Gordon T. Davis Cattle Company (Twin Cities Engineering) to extend the time allowed to complete requirements for an ' ap- proved tentative map (RECOMMEND APPROVAL OF PLANNING COMMIS- SION COMMENDATION) 6. Tentative Parcel Map AT 810701:1, 9040 San Diego Road, David Dunham (Twin Cities Fngineering) tai extend the gime allowed to 'com Tete requirements for an apj.roved tentative map° (REC- OMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 7. Departmental Review 8820916:1, 6450 Nacimiento Avenue, Thomas. Davis/Pat Glakeler (Pults) to allow construction of fourteen ' apartment units (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) AGENDA - ATASCADERO CITY COUNCIL - NOVEMBER 22, 1982 8. Lot Line Adjustment LA 820916:1, 7135 El Camino Real, Merrell M. Williams/Milton Meyer, & Co. (Courtney and Associates) to adjust an existing lot line to accommodate future expan- sion needs of the existing Williams Brothers Market (RECOM- MEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 9. street Overlay Project - 1982/83, Bid No. 82-07 (RECOMMEND BID BE AWARDED TO VENTURES WEST IN THE AMOUNT OF $193,207) ¢/6e. & Used station wagon - Bid No. 82-08 (RECOMMEND BID BE AWARDED TO NATIONAL CAR RENTAL IN THE AMOUNT OF $6,572) B. HEARINGS, APPEARANCES AND REPORTS yZ/F 1. Quarterly Departmental Report Finance : C. UNFINISHED BUSINESS . 1. Request for police at school functions 2. Resolution No. 54-82 commending Supervisor Howard D. Mankins on his retirement as Fourth District Supervisor t D. NEW BUSINESS . 1. Open house Mayor Nelson 'Vill'A , JW6 O. ►43Formation of 4th of July Committee - Mayor Nelson M 60"t 3. Evaluation system for City Attorney and City Manager - Mayor �1, N1lson u E. ATASCADERO COUNTY SANITATION DISTRICT - y . (Council will recess-and" convene as the Atascadero County Sanita- tion District 'Board of Directors) 1. Ordinance No. 58 amending Section 10 of Ordinance No. 54 re- ,a garding sewer service charges first reading (The Board of Directors will adjourn and reconvene as City Coun- cil) F. INDIVIDUAL DETERMINATION AND/OR ACTION /ArSt, of4—I1st�► I Cltwr,� .,fAAA� 1. City Council (.Cb cd� 2. City Attorney �++� C�; � rb �tR C$�n� 3 City Clerk w+nR 4 City Treasurer,,, Y �nkw Seiw°'h � �';f"�'`"1 •1 1 �3Nj• 5. City Manage u_nn�! --- �C• NOTICE OF SPECIAL` MEETING; NOTICE IS HEREBY GIVEN that the Atascadero City Council will hold a special meeting on Monday, November 22, 1982, at 7 : 00 p.m. in the Rotunda Room, 'fourth floor of the Adminis- tration Building, Atascadero, California. Thismeetingwill precede the C uncil' s regularly scheduled meeting and is held for the purpose of interviewing applicants for the Parks and Recreation Ad isory Board Dated: November 15, 1982 1ATSY . 'NESTER, Deputy City Clerk City of Atascadero, California MINUTES AT SCADERO CITY COUNCIL Regular Meeting November 8, L982 Atascadero Administration Building` The meet ng was called to order at 7 : 30 p.m. with the Pledge of Allegianc Reverend Thomas Gaddis of the Foursquare Gospel Church gave zhe, invocation. ROLL CALL PRESENT: Councilmen Mackey, Molina, Stover, Wilkins and Mayor Nelson ABSENT: None PUBLIC COMMENTS None COUNCIL COMMENTS 1. Councilman Mackey stated that the Zoo Committee has had three meetings and seems to be-coming:,to some kind of conclusion. She will present more information to Council at a • later date. 2 . Councilman Molina expressed concern that Atascadero has a good chance of being within one supervisorial district instead of in three and that the public should express their opin- ion to their representatives in favor of this.. A. CONSENT CALENDAR 1. Minutes of the regular meeting of October 25, 1982 (RECOMMEND APPROVAL) 2. Trea urer' s Report, 10/1/82 to 10/31/82 (RECOMMEND APPROVAL) 3. Finance Director' s Report,' 10/l/82 -to 0/31/82 (RECOMMEND APPROVAL) 4 . Tent tive Parcel Map AT 820917:2 , 9300 El . Bordo Avenue, Wedc (Ralph J. McCarthy & Associates/Associated Pro- fess ons, Inc. ) to allow merging of four parcels totaling 3.42 acres of land into one parcel and resubdivide into- two parcels (RECOMMEND APPROVAL OF PLANNING C.)MMISSION RECOMMENDATION) Minutes Atascadero City Council November 8, 1982 5 Tentative Parcel Map AT 820917 :1, 4785 Traffic Way, Frank Scicchitano/Steven Pascel (Twin Cities Engineering) to allow air-space condominium subdivision of an existing industrial building (RECOMMEND APPROVAL OF PLANNING COM- MISSION RECOMMENDATION) 6 . Acceptance of Parcel 'Map AT. 820311:1, 11605 Cenegal, John White (Twin Cities) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 7. Acceptance of Parcel Map AT 820309 :1 , - 9600 Laurel Road/ 10570 San Marcos, Frank Atkinson (Twin Cities) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 8 . Lot Line Adjustment LA 820901:1, 9030` and 9034 La Linia, W. D. & S. S. ' Tilley/Wayne & Margaret. Landrum (Associated Professions) to adjust existing lot :line to eliminate "flag" lot (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 9 Conditional Use Permit U820917:2, 9300 E1 Bordo 'Avenue, Wedco (Ralph J. McCarthy & Associates) to allow `construc- tion of 44 residential units on a parcel containing 2.92 • acres (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM- MENDATION) 10. Grant of Easement from Mariam A. Lein at the corner of Arcade and Cascada (RECOMMEND ACCEPTANCE) 11. Resolution No. 53-82 approving claim for--State Transit Assistance Funds "(RECOMMEND ADOPTION AND AUTHORIZE CITY MANAGER TO SIGN) Mayor Nelson reviewed all items on the Consent Calendar. MOTION: Councilman Wilkins moved that the Consent Calendar be approved. The motion was seconded by Councilman Stover and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS 1 Consideration of request for mobilehome - rent_ stablization ordinance Louis Purio, 'Chairman of the Atascadero, Mobilehome Owners Rent Stabilization Committee, spoke in favor of a rent stabilization -2- � Minutes - At scadero City Council - November 8 , 1982 ordinance in order to protect the tenants from escalating rental costs. Comments in favor were heard from Ernestine Ward, Reilly Mitchell, Jean Previcks, Paul Genovese, Jack Mason, Lois Carson, Morris Levin Mr. Landley, Craig Amspoker, Charlotte Burns, Barbara Hept al, D. Sills , and D. J. Tundrell. Comments in opposition to such an ordinance were heard from Dino Boneso, Ennith Pike, Walter Messer, Rex Hendrix, John Dougherty, a d Rebecca Brown. Council discussed this matter. Councilman Wilkins stated that health or maintenance problems within mobilehome parks should be taken care of by the appropriate authorities. Mr. Warden commeilted that the State has primary responsibility for mobilehome PZLrk compliance with park operating standards through an inspection process. They will also respond to resident complaints. MOTION: Councilman Stover moved that the mobilehome park owners and enants get together and work out a long-term lease and that the matter be brought back to Council for analysis on or before January 24 , 1982 . The motion was issecorided by Councilman Mackey and unanimously carried. RECESS 9 : 05 p.m. RECONVENE 9 :15 p.m. 2 . City Attorney Report No. 22 Recent d cisions of interest, pending litigation, and other legal matters were presented by Allen Grimes. Mr_ Grimes stated that the City vs. Daly case has been closed. C. UNFINISHED BUSINESS 1. Fee Committee Councilman Mackey Councilman Mackey noted that all fees in addition to the sewer fees should be reviewed. Council agreed to form an ad hoc fee committee which will consist of five members, with Councilman Molina as one of the members. 2. Police attendance at school functions Mr. Warden stated that the Sheriff' s Office will provide Deputy Sheriffs for school functions or special events at time and one-half of the officer' s salary and upon reaching a contract arrangement covering liability, worker' s compensation, and other -3- Minutes - Atascadero City Council - November 8 , 1982 concerns to the County. Dr. Avina commented that the police should be at school functions, not only from the vanity standpoint, but also because their presence would provide the opportunity to interact and get acquainted with the students. He also stated that the Associated Student Body (ASB) would be willing to continue the same salary arrangements that were previously made with the Sheriff' s Office. Collie Kidwell, Atascadero High School Principal , stated that the ASB would be willing to enter into an agreement and are not asking the city to absorb the total cost. Mr. Warden suggested that for the immediate problem that it might be acceptable to provide police under the same conditions as the Sheriff is proposing. MOTION: Councilman Wilkins moved to direct staff and school to study options, verify liability costs., provide security for the next two home football games, and to bring the matter back to Council at the next City Council meeting. The motion was seconded by Councilman Mackey and unani- mously carried. The Council indicated its concurrence with providing security at the next two football games following the process proposed by the Sheriff. 3. Resolution No. 52-82 adopting a salary/classification schedule for the 1982-83 fiscal year MOTION: Councilman Wilkins moved that Resolution No. 52-82 be read by title only. The motion was seconded by Council- man Stover and unanimously carried. Mayor Nelson read Resolution No. 52-82 by title only. MOTION: Councilman Wilkins moved to adopt Resolution No. 52-82. The motion was seconded by Councilman Stover and unani- mously carried. D. NEW BUSINESS 1. Consideration of adopting policy regarding items brought up at a Council meeting -4- Minutes - At scadero City Council - November 8, 1982 Mr. Wardan noted that Ordinance 19, Section 2-1.02 allows consideratioa of an urgent matter with the consent of the Council, by majority vote. After discussion, the Council indicated that it did not wish to make any changes at this time. 2 . Reconmendation for stop sign at the intersection of Moni a and San Gabriel MOTION: Councilman Mackey moved that a stop sign be placed on Moni a at the intersection of San Gabriel. The motion was seconded by Councilman Wilkins and unanimously carried. 3. Revi w of SLO COG agenda Mr. Ward n suggested that our delegate at the Council of Governments (COG) meeting on November 10 vote against the recommendati n made by the COG staff to apportion State Transit Assistance Fund disbursements on the basis of meeting regional transportati n needs and to abide by the recommendations made by the TTAC to apportion disbursements on the basis of population. By Council consensus, Councilman Stover will ask withdrawal of the item from the Consent Calendar and will endorse the TTAC recommendati n. E. ATASCADE O COUNTY SANITATION DISTRICT MOTION: Councilman Wilkins moved that the Council recess and cony ne as the Atascadero County Sanitation District Board of Directors . Councilman Mackey seconded the moti n and it was unanimously carried. 1. Consideration of recommendations concerning sewer rates Mr. Ward n stated that pursuant to a-review of the sewer rates established by Ordinance No. 54 , the monthly sewer rate for churches and meeting halls should be revised. Comments were heard from John Cole, Charlie Miller, Rex Hendrix, and Bob Clark, who were in favor of having a flat rate . MOTION: Dire for Wilkins moved that Staff be directed to bring back an amended ordinance to show the r vised change in the fee structure. The motion was seconded by Director Mackey and unanimously carried. -5- Minutes - Atascadero City Council - November 8 , 1982 MOTION: Director Wilkins moved that Staff be directed to look into the possibility to change collection of sewer fees through the property tax assessment. ' The motion was seconded by Director Molina and unanimously carried. MOTION: Director Wilkins moved that Council adjourn as the Board of Directors and reconvene as City Council. The motion was seconded by Director P4ackey and unanimously carried. F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council a. Councilman Mackey stated that she recently went to a meeting regarding off-shore oil drilling. She stated that she had asked the speaker, Mr. Charter, to place her on his mailing list in order to receive additional information. b. Mayor Nelson stated that he would like to discuss and set a date for an open house at the next Council meeting. C. Mayor Nelson stated that he would like to form a 4th of July committee at the next Council meeting. d. Mayor Nelson stated that he would like to discuss evaluations for the City Manager and City Attorney at the next Council meeting. 2 . City Attorney Nothing 3. City Clerk Nothing 4 . City Treasurer Nothing 5. City Manager a. Mr. Warden stated that the final date to receive applications fol the Park and Recreation Advisory Board is Friday, November 12 . Applican.rs may leave their applications with the Police Dispatcher. Interviews for new applicants will be conducted at the November 22 Council meeting at 7 : 00 p.m. -6- Minutes - Ata cadero City Council - November 8 , 1982 b. Mr. Warden stated that he had received notification from the Board of Supervisors for a retirement dinner for Supervisor Ma kins on December 10 at 6 : 30 p.m. Council agreed for Staff to draft a resolution in recognition of Mr. Mankins ' service for consideration at the next Council meeting. C. Mr. Warden stated that he had received a letter from Senator Aello, noting that the Senate Sub-Committee on _ Aging will be holding a hearing on alternatives to institution- alization of the aging on Wednesday, November 17 , at the San Luis Obispo City Hall Chambers from 10 : 00 a.m. to 3 : 30 p.m. If anyone wants to testify, they may notify Senator Mello at 543-4400 by November 12. d. Mr. Warden stated that the Pattsy !bus in Paso Robles may be available for acquisition since that system has ceased operation. A letter has been sent to the COG ,indicating our interest in a quiring it. e. Mr. Warden stated that the Halloween carnival received about $925 in total revenue and netted $198 . 35. f. Mr. Warden reviewed the Community Development Block Grant Program, which requires a project be presented by the end of the month. He suggested that the Planning Commission work on identifyinj projects for next year and then present them to Council for final approval so as to be ready for any subsequent grant application opportunities. - The m eting adjourned at 11: 20 p.m. Recorded by: BARBARA NORRI , City Clerk By: Patsy A. Hester Deputy City Clerk -7- M E M O R A N D U M TO: CITY COUNCIL November 16, 1982 FROM: PLANNING DIRECTOR SUBJECT: ACCEPTANCE OF PARCEL MAP AT 80-96 ` LOCATION: 86bG El Camino Real (Portion Lot 4, Block 7) APPLICANT: Dove Investments (Stewart) On December 8, 1980 the City Council approved tentative Parcel Map AT 80-96 dividing 2. 4 acres into four parcels, subject to certain con- ditions and in concurrence with the recommendation of the Planning Commission. A time extension to December 1, 1982 was approved. The zoning is C 2-D and the General Plan designation is Heavy Commer- cial and Industrial Park. Staff review has determinedthatall condi . tions of' approval have been met. On November 15, 1982,` the Planning Commission reviewed the matter and recommended acceptance of the Final Map - LAWRENCE STEVENS MURRAY L. WARDEN Planning Director City Manager ps -.MgHtAN' yclVi.T��'„K,�G�2 SYS% � t/ �T�,e7C+imL'j ,� .�."���1'¢444_ a T•�'€E'S.s/,.".�'Ct'""d�°'.eE'` �T;�+'f ,�.,,,. ,�a � c)LtstSn►K�C7Qa ' a � r LYIY C1�'te a+� 'I�i.O!fC+1°fJR.f�iS6=5 }gyp .w flt.u'sr���s ��: ` `ttm,;i onAe�1r4 t Llt=Ott..� G 117.E . 5,1,0• .' F1t?¢ R�Rt R9:SEFIEF hft2 D�E:D I g r w V t�P� �. a h �•5 �� ��f'ARC•AL�4s� �� �c�.� �` � ,.- ��� � �� Rte„ '- �X77 A� �'��) "�-��,...� d•e �- 'C� tp��t� �" �� Sao �"` s� t -�..> � <- �,, - `�- �P �P ,y�• ��� 0� �. ,,"c fix,-' `r�' SJ - V' 1 � '�-i} � x' c,5e 4'h':`„[`_ i .ui6vS•M. �f,♦. M E M O R A N D U M TO: CITY COUNCIL November 16, 1982 FROM: PLANNING DIRECTOR SUBJECT: ACCEPTANCE OF PARCEL MAP AT 80-97 LOCATION: 86bO El Camino Real (Lot 5, ptn. Lot 4, Block 7) APPLICANT: Eaglet Investments (Stewart) On December 8, 1980 the City Council approved tentative Parcel Map AT e0-96dividing 2.4 acres into four parcels, subject to certain con- ditions and in concurrence with the recommendation of the Planning Commission. A time extension to December 1, 1982 was approved. ;The zoning is C 2-D and the General Plan designation is Heavy Commer- cial and Industrial Park. Staff review has determined that all condi- tions of approval have been met. On November 15, 1982, the Planning Commission reviewed the matter and recommended acceptance of the Final Map. LAWRENCE STEVENS MURRAY L. WARDEN Planning Director City, Manager Ps tR/.�M)'S Naga a.,..roel - —_ -- - - — ```\``'�.1 t a�ARlV,9 r` 9�• �r eta. �i x ,..- �. t�t _ 77 _�..V.•.a " r Al DATA fER3/M � Y (R/)RE OATH PERZTfRN/5� ¥ �+ � .-* (RY)A'QbRD ATA PE �:DA 9fLS/24 /17 a w, .,, ,. •�. :,�„ ��3��z�• i �' V I ` ld/t-,fIEASURED OATH re. 090 'tea fi�'ss `: k � : R a "j, p R ,jO ' 2 E 455. ll CFR)CALCULAMo FRaV REUIZMW 92 Y Fj O t PROP) ATaVRTA'LN 5 ' (CRI ZSWI1,1,, YCp�/gq ' a s 4 3W a r' s RlC£ ' } 1 x _ Fp4TrON l � g •.( a tt OFFERED FOR OmxAT/ON%F "RMA,IY ,j)Sta913fFMORC£1499, !Q Y /; F..�FD S10 CO.AA?rY/HWELt(R/I /7 .< x � , �" PARCEL I ��' �• %@ NOTES NO TREES SAW44 BERE Al i b I t 0. 60A GROSS Q4NQ�TTN A �• 0.MAC NETS l 6 ; .NO GRAD/NG SHALL CoWCITY 1N4NCF'' zV b S 2S'/T' 1°/8S7AH°/+ i4/ATE ri�RM1TAND C�1A Atr 36 C/TY ORD/NANC.L�S W�NAF _ E l /!1 Tl 4 fZ4p68(.HJ T2It /AII SEWAGE 01SFOSAL Sz ! � COAlMUy/TY SEWEt4 ALL BE BY CGkYNEGTIL • �� TNE�SA v'S Cr aEAR/NGS'M?77Ys S�IRVEY N 'PARCEL �"R z�s (MI SP1• BETWEEN FD + IfpV7 AS M7W _* f$ Y "� v � o-o.SO AG;GROSS ' //°oq�9 X40 8E ,f -1 1<X53 t l } }�O 46+AC NET ` lT ROAD MpYUMENTS 6V THE CENTERL/NEG L1EDi =pl t 6 ->s.. .� y �,�s,k,: 70. E,SET AFTER t/V?�JDCONS7?�i "l • �: �`''\ -•.._.. 'Ts E 260 6S•' � � � � kb � ,� � � � 'y � „�"�� `�'-�- "�< � 1A1C r -� �PARCELS .;� '° �R 90 � � � � ,_,, �:zm�r ��� s _ � 'a�w,.``��,. � .• " , 'a. o Ac w��a. •4c of 4 ;la� F GRass c asp• ifi,.. �" +s 0 44 NET a s �GJ :Wt as = t f �.."..... LL .�1 S /1136 2711 �; x�g .' r t�, i,'-r *sem }°•' ,�, a } 1p rs*..,�xT 'Y a 4k�•Y"t.t `^+ t < .#.'� �i , +Y'X'c "y`x .: 8= f34RCEL y. ,.SSa 4-.+t.a. t't 1 :T� • 1 4 Cx.. "�. - € — r^.A N..:.' -+'F r } ` 31 AC,-,7YJSS R s 1 V f aq ` uv�r � r� �•� � �'d-97•09�fj ': ¢� . 8 � �'✓ c � / A,'�. '.f.'LS3:AS4 � .•� � ,�,�'�77 4 � �.: � � h � �V/C�fY /TY MAP h �� `�� � tea- , 0 1v 94. _ 's65.82(MI` . '� � �.�• ao-.• ik -�I7t1�¢/�Mf J YY1�BB!A/Ih X4 ?N i r f k 'a llvh'pl Aky 45+y (R3) a Y �O� .� r _. r �;"' WN a'." � .�•.c t M E_M 0 R A D`, U M TO: CITY MANAGER November 16, 1982 FROM: PLANNING DIRECTOR` SUBJECT: TENTATIVE PARCEL MAP AT 820916:1 LOCATION: 6450 Nacimiento Avenue (Ptn. Lot 12, Block HB) APPLICANT: Thomas Davis/Pat Glakeler '(Pults) REQUEST: To merge three existing parcels into one parcel of 0. 89 acres. On November 15, 1982, the Planning Commission reviewed the subject matter recommending (with Commissioner Summers dissenting) issuance of a Conditional Negative Declaration and approving the Tentative Map subject to Conditions 1-11 as listed in the attached Staff Report. There was only brief discussion among ,the Commission. Pat Glakeler, applicant, appeared and indicated her concurrence with the recommendation. No one else appeared on the matter . LAWRENCE STEVENS MURRAY L. WARDEN Planning Direct r City Manager Ps t 4`14k � QR rii CITY OF ATASCADERO Q \ Planning Department November 15 1982' STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP AT 820916:1 LOCATION: 6450 Nacimiento Avenue (Ptn Lot 12, Block HB) APPLICANT: Thomas Davis/Pat Glakeler (Pults) REQUEST: To merge three existing parcels :into one parcel of 0.89 acres. BACKGROUND 1. Existing Zoning: R-3-B-2-D (506) 2. General Plan: High Density Multiple Family Residential 3 Environmental Determination: An initial study environmental de- scription form has been completed. The Planning Director has prepared a Draft Conditional' Negative Declaration indicating the project will not have a significant adverse effect upon the en- vironment if .certan mitigation measures are incorporated into the project. 4. Site Conditions: The site is composed of three parcels previously created by parcel map. Four lots were created from • one original colony lot (Lot 12'): Parcel A has .been developed with an apart- ment building., Parcels B, C, and D, which compose the subject property, are undeveloped. The topography is relatively flat with a slight slope (3g) from the northern corner down to Nacimiento ' Avenue. The lot contains natural .vegetation which has been mowed and three oak stumps. The street frontage of Lot 12 has not been improved. A telephone pole' and` a P.G. & E. power pole are located in the easternmost corner of the property in the area of the `dedi- cated: right-of-way. A ten ;foot wide gas company easement extends along the entire length of the northeast property line from the street. The southwest property line isfencedfrom the adjacent multiple family project on Lot 11. 5. Project Description: The applicantproposes to combine three of the four previously created lots into one; parcel of 0.`89 acres. It is the applicant' s intention to construct a single project on the site. Tentative Parcel Map AT 820916:1 (Davis/Glakeler) ; STAFF COMMENTS On October 7 , 19E2 the Subdivision Review Board met with Steven Pults, the applicant' s architect, and Jerry Williams. Also attending were: Larry McPherson Public Works Director ; Chuck Fletcher, Fire Captain; Fred Buss, Associate Planner , and Kami Grffin, Planning Intern. The following items were discussed: 1. Full street improvements including dedication and moving the poles (cost involy d and feasible alternatives) . 2. Possibility cf back fees for sewer reapportionment and assessment. FINDINGS 1. The application as presented will not have a significant adverse impact on t e environment and the preparation of an Environmental Impact Repor is not necessary. 2. The application as presented conforms to applicable zoning and subdivision xegulations and is consistent with the 1980 Atascadero General Plan. 3. Use of the financing commitment letter from Farmers' Home Adminis- tration in lieu of the construction of -improvements or the stand- ard performance guarantees in deferring improvements is desirable to facilitatc a project providing affordable housing. RECOMMENDATION Based upon the a ove Findings, the Planning Department recommends: A) Issuance of a Conditional Negative Declaration as follows: 1. AdequatE provision shall be made for drainage and erosion control and protection in conjunction with site development and road construction; and, B) Approval of lentative Parcel Map AT 820916: 1 subject to the fol- lowing conditions: 1. Provision shall be made for connection of this lot to the City sewer system at time of development, and a Note so stat- ing shall appear on the Final Map. 2. Water s all be obtained from the Atascadero Mutual Water Com- pang anc water lines shall exist at the parcel frontage prior to fili g of the Final Map. A letter from the Water Company indicating they are willing and able to serve the property shall bE submitted to the Planning Department prior to re- cordati n of the Final Map. 2 Tentative Parcel Map AT 820916: 1 (Davis/Glakeler) , 3. All other available utilities not already in place shall be extended underground to the parcel frontage at time of build- ing permit. 4. All pipeline and other easements of record shall be shown on the Final Map. A letter shall be submitted from each utility company indicating the nature and extent ' of any building re- strictions. A Note so stating such restrictions shall appear on the Final Map. 5. Roof materials for all structures shall be Class C rating or better and a Note to that effect shall appearonthe Final Map. 6. Effort shall be made to minimize grading that would be dis- ruptive to the natural topography. The following shall ap- pear as a Note on the Final Map: "No grading shall commence without an appropriate permit and compliance with applicable City ordinances. " 7. Submit two sets of grading and drainage plans indicating grade of building pads, flow lines at top of curb, etc. for review and approval by the Planning Department prior to issu- ance of any permits. a. Drainage from the site shall not be permitted to flow directly to adjacent properties or across any public sidewalks or driveways. b. All grading shall conform to Appendix Chapter 70 of the Building Code. Any grading necessary-for site develop- ment shall be subject to first securing the necessary permits. 8 . Install concrete curb, gutter, sidewalk and street pave-out along the entire Nacimiento Avenue street frontage of the project. Said improvements are to be constructed under an inspection agreement and encroachment permit issued by the Public Works Department. _ a. Improvement drawings shall be submitted to the Public Works Department for approval and any dedications neces- sary to accommodate required street widths shall be made. b. Street improvements shall require relocation of the existing poles and signs. 9 . All conditions of approval herein specified and any public improvements required by Departmental Review .R820916: 1 are to be complied with prior to filing of the Final Map. The ap- plicant may defer improvements by submitting to the Planning 3 Tentative Parcel Map AT 820916: 1 (Davis/Glakeler) Departm nt, prior to recordation of the Final Map, a letter from Farmers' Home Administration indicating a financial com- mitment to construct the project and associated improvements. 10. Approval. of this Tentative Parcel Map shall expire two years from the date of final approval unless an extension of time is gran ed pursuant to a written request prior to the expira- tion date. 11. A Final Map in compliance with all conditions set forth herein shall be submitted for review and approval in accord- ance with the Subdivision Map Act and City Lot Division Ordi- nance prior to recordation. a. Monuments shall be set at all property corners and a Re istered Civil Engineer or licensed land surveyor shell submit a letter certifying that the monuments have beEn set prior to recordation, unless certification is received that corners are already monumented. b. A final title policy (CLTA or ALTA) , shall be submitted fox review in conjunction with the processing of the Final Map. ACTION The Planning Com ission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED EY: `✓�� - FRED BUSS Associate Planner s REPORT APPROVED Y: LAWRENCE STEVENS Planning Director Ps 4 a �W } � � d OlNatpvloV a � 'fazy h S V� Y P4� W 910 ca N Y Us Q a< 9. 3 0' 8°C FopAl 4 Q 3 I F= ea i:; MEMORANDUM TO: CITY "MANAGER November 16, 1982 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP AT 810820:1 LOCATION: 3295 San Fernando Road (Lot 35, Block 25) APPLICANT: Gordon T. Davis 'Cattle Company (Twin Cities Engineering) REQUEST: To extend the time allowed to complete requirements for an approved tentative map. On November 15, 1982, the Planning Commission reviewed the subject matter unanimously recommending approval of a one year time extension to November 9, 1983. • There was no discussion as this matter was considered as a Consent Calendar item. LAWRENCE STEVENS MURRAY L. WARDEN Planning Direct ' r City Manager Ps X918 r 3�' r i1 a CITY OF ATASCADERO Planning Department November 15 1982 : STAFF REPORT F SUBJECT: TENTATIVE PARCEL MAP AT 810820:1 LOCATION: 3295 San Fernando Road (Lot 35, Block 25) APPLICANT: Gordon T. Davis Cattle Company '(Twin Cities Engineering) _ REQUEST: To extend the time allowed to complete requirements for an approved tentative map. BACKGROUND 1. Existing Zoning: A-1-B-v-3 2. General Plan: Suburban Single Family Residential 3. Site Conditions: The site topography is moderately steep and is characterized ' by a fairly constant slope up from San Fernando, • with a minor depression in the central area of the site. There are some oak trees clusterned nearthe central area and along the rear of the property along the 'ridgeline. 4. Project Description: On November 9 1981, the City Council ap- proved Tentative Parcel Map AT 810820:1.' The applicant is re- questing a one year time extension for filing a £-incl parcel map for a land _divisiod"of 7.1 acres into two parcels of 3.6 and 3.5 acres each. STAFF` COMMENTS On November 4, 1982 the Subdivision Review Board met to review the time extension request and indicated that there was no reason not to grant the time extension. RECOMMENDATION The Planning Department recommends approval of the time extension re- quest subject to the conditions set forth at the time the project was originally approved. Approval of this one ;year time extension shall expire on November 9, 1983. Re: Tentative Parcel Map AT 810820:1 (Davis) _ACTION "The Planning Commission should, by motion, direct Staff as deemed rpropriate. REPORT PREPARED Y: (FRED BUSS Associate Planner REPORT APPROVED Y: LAWRENCE STEVENS Planning Director Ps 2 0 O � 0 s'[ j0r 4 1 � s �7mU3 i o LA' U ' zn y " T • ; N �W a z j' — mum, 0z 1-1 N o A -s Q u, 0 2 -� O O i �' y Jam.. •,,, -� ,V .-I R7 O O _ ssa. r• Z r� > OZ��� O 2 O •pry°rf i � Lo C nl I'll M m o NT Dy " v, 07. D ? TO t_ rri C -- tA > r O N Ti OD N T O d D za s v!.. 3d rJ ^•.�' m ro t rRx < 1 d 0 M m Oo z v m S 1 TE L064770AJ Z AT9/o8a0 3-295 sAN F�.uAwDo -A-r3-p-r-p `3 w o P V-3 Z .r 2/ , ! P 1 T x A_ 3- } (-OC4770/J Al AP A-1-g-v- A7*8' / og;Lo:/ �— 302 s� F�'•c�U,t�o t� 1 ��BS6 1 1 I I ► 1 � i , � 1 I � 1 1 1 p O y w3Zvi 4,nen^0 o nen poRl � p b °0m M E M O R A N D U M TO: CITY_MAN GER November 16, 1982 FROM: PLANNING DIRECTOR SUBJECT: TERATIVE PARCEL MAP AT 810701:1 LOCATION: 904C San Diego Road (Lot 21, Block 66) APPLICANT: David Dunham (Twin Cities Engineering) REQUEST: To extend the time allowed to complete requirements for an approved tentative map. a On November 15., ; 1982, the Planning Commission reviewed the subject matter 'unanimously recommending approval of a one year time extension to October 26, 1983. There was no discussion as this matter was considered as a -Consent Calendaritem. LAWRENCE STEVENS MURRAY L. ARDEN Planning Direct r City Manager ' ps an F, �... CITY OF ATASCADERO 1918 � 'F r 111979 CA►Dj Planning Department November 15, 1982 STAFF 'REPORT < SUBJECT: TENTATIVE PARCEL MAP AT 810701:1 LOCATION: 9040 San Diego Road (Lot 21, Block 66) APPLICANT: David Dunham (Twin Cities Engineering) REQUEST: To extend the time allowed to complete requirements for an approvedtentative map. BACKGROUND 1. Existing Zoning: A-1-3 2. General Plan: Suburban Single Family Residential 3. Site Conditions: The site topography varies with two knolls on either end of the site and the north fork of Paloma Creek bisect- • ing the property. The site fronts on San Diego Road on the north- west` and La Paz Lane on the southeast. A mobile home and shed exist on the site of proposed Parcel 1. 4. Project Description: On October 26, 1981, tie --City Council a- proved Tentative Parcel Map AT- 810701: 1. The applicant is re- questing a one year time ,extension ' for filing a 'final parcel map for a land divisiori'of approximately 9.7 acres into three parcels of approximately 3.7, 3. 0 and 3.0 acres-,.each. STAFF COMMENTS On November 4, 1982 the Subdivision Review Board met to review the time extension request and indicated that there was no reason not to grant the time extension. RECOMMENDATION The Planning Department recommends approval of the time extension sub- ject to the conditions set forth at the time the project was original- ly approved. Approval of this one year time extension shall expire on October 26, 1983. Re: Tentative Parcel Map AT 810701:1 (Dunham) ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED Y: FED BUSS ssociate Planner REPORT APPROVED I Y: w LAWRENCE STEVENS Planning Director ps 2 i •rr 5. ef � ' T k� ,�3 '• a # *fin-; ..+r -n' _ +n &3•'y.;. s- '#v' ' + .r a Yc � F' �� _3,pr-rz < -s�` -ro4tt,,, s `rii t-•s .'p 4 :�� b c ^•,a•, ,� ��; iK aa.rr3 y r�'r'�1+,�. r Z � C. � y� Fz a � �g �c'�"E.o s�: � ��',�'+-� - !4 �a�_ �� .. �. `'�a�µ�+A f4�u��„ ,�Fr�'„ -�� <x?' �F � ♦ t• �' }j T;i �1 �. t�:` �S 4`.�.,, r .tif/ 3..,_. � . A y _ TH�!' IF- v � ir .a .� s7 r tin N �° t t F a _ 1 .•k i-t .O - 7 q r !. r fpl ✓ y ,V�VN 14A Dt�zxo, k _ ►i -_-- _' N a � _ r 7 Ff 4 } e .� 5�(}'1� � � -_ - • .moi Y t-ar N .� ? N (` a, 1 r. x, / ZONE 14AP AT810701 : 1 (DUNHA14) ' 7 9040 SAN DIEGO RD. LOT 21 BLOCK 66 P-M. CITY OF ATASCAL-RO mss.. � r of PTN.44 h 18 1 h O O Q.� 5g�0 teras_' PTN.43 19 ozs� 431 R.V.4C3-97 PTN. 66 R.S..3 h Lal Zt8c.b6 20 k` dT810701;t D Q v J ♦� / s¢ .R.N 4 C3-98 _ PM 27-21 330 PM.27-20 - 5 ' A 22 3.0 A C. 2 3 Pm. .�5�73_��0� R.S.25-9 2,t 4.52 AC. 3.00 AC. - 23 . 42i 0-100 �3Jr PTN. 66 y to 3z9 PTN.30 ti .. � PTN. - 24 O h 27 .1 7 c a�• -foo 12 t y 4:25 AC. n 9 O b 3.74 AC. - U PTN.25 q PTN.26 P h �?or ATA SCA DE-RD �3�o RDAD 30 58 LOCATION MAP AT810701 : 1 (DUNHAM) 9040 SAN DIEGO RD. LOT 21 BLOCK66 QUI ti � -=.f• � ,. � �/ ,BGG F �i _�' S tA t r KP SITE MAP AT810701 : 1 (DUNHAM) 9040 SAN DIEGO RD. LOT 21 BLOCK 66 M E O R A N D U M TO: CITY MANAGER November 16, 1982 FROM: PLANNING DIRECTOR SUBJECT: DEPARTMENTAL REVIEW R820916:1 LOCATION: 6450 Nacimiento Avenue (Ptn. Lot 12, Block HB) APPLICANT: Thomas Davis/Pat Glakeler (Putts) REQUEST: To allow construction of fourteen apartment units On November 15, 1982, the Planning Commission reviewed the subject matter recommending (with. Commissioner Summers dissenting) issuance of a Conditional Negative Declaration and approving the Departmental Re- view subject to Conditions 1-16 as listed in the "Staff Report with the following modification of Condition #4a to read: "4a. All roof-mounted mechanical equipment shall be screened from view from public streets and adjacent residences." There was only brief`discussion among the Commission concerning the screening requirement as well as relocation of the two power poles. Pat Glakeler, a licant, appeared and .indicated her ' concurrence with the recommendation. No one else appeared on the matter. LAWRENCE STEVENS MURRAY W RDEN Planning Director City Manager Ps c alR r yrs r 43, 77 ' t6 T:i it 1911 1979 CITY OF ATASCADERO CAD Planning Department November 15 1982 STAFF REPORT SUBJECT: DEPARTMENTAL REVIEW R820916:1 LOCATION: 6450 Nacimiento Avenue (Ptn. Lot 12, Block HB) APPLICANT: Thomas Davis/Pat Glakeler (Pules) REQUEST: To allow construction of 14 apartment units BACKGROUND 1. Existing Zoning:, R-3-B-2-D (506) 2. General Plan: High Density Multiple Family Residential 3. EnvironmentalDetermination:` An initial : study environmental description form has been completed. The Planning Director has prepared a Draft Conditional Negative Declaration indicating the project will not have a significant adverse: effect upon the envir- onment if certain mitigation' measures are incorporated into the project. 4. Site Conditions: The site is composed of three parcels previously created by parcel map. Four lots were created from " one -original Colony lot (Lot "12) ., Parcel A has been developed with an apart- ment building. Parc7e1s B, C, and D, which compose the subject property, are undeveloped. The topography .is relatively flat with a slight slope (3%) from the northern corner down to Nacimiento Avenue. The lot contains natural vegetation which has been mowed and three oak stumps. The street frontage of Lot 12 has not been improved. A telephone pole and a P. G.--and E. power pole are lo- cated in the easternmost corner of the property in the area of the dedicated right-of-way. A ten ;`foot wide gas company easement ex- tends along the entire length of the northeast property line from the street. The southwest property line is fenced from the adja- cent multiple family project on Lot 11. 5. Project Description: The applicant intends to build five, single story buildings containing 14 units on 0.89 acres_ of land ;:15. 65 dwelling units per acre) . One unit is an 849 square foot, two bedroom handicapped accessible unit, and the remaining 13 are 833 square foot, two-bedroom units. Building elevations indicate com- position shingle roof, exterior plaster alternating with plywood siding and clear anodized aluminum windows. The plot plan indi- cates 17 parking spaces on the site (16 required) with one being a handicapped stall near the handicapped accessible unit. One trash Departmental Review R820916 :1 (Davis/Glakeler) enclosure is proposed in the middle of the parking area. A future recreation b ilding is indicated on the plans. STAFF COMMENTS The site was previously cleared of trees leaving only three oak tree stumps on the site. The natural grasses have been kept down by occa- sional mowing. Development of the site will require improvements in the right-of-way including moving two large capacity power poles. Drainage from th site may create some concern. Fire hydrants are adequate in the area. FINDINGS 1. The proposed apartment development is in conformance with density standards as set forth in the 1980 Atascadero General Plan. 2. The site of the proposed apartments is adequate in size and shape to accommodate the use and all yards, fencing, parking, landscap- ing and other features required by the Atascadero Municipal Code. 3. Streets in t e vicinity of the proposed apartments are adequate to carry the qu ntity and kind of traffic generated. 4. The proposed apartments will have no adverse effect upon abutting property or the permitted use thereof provided all conditions are complied witt . 5. The establis merit and conduct of the proposed apartments for which the Departme tal Review is sought will not be detrimental to the public welfare or 156- injurious to property or improvements in the neighborhood RECOMMENDATION Based upon the a ove Findings, the Planning Department recommends: A) Issuance of z Conditional Negative Declaration as follows: 1. AdequatE provision shall be made for drainage and erosion control and protection in conjunction with site development road co struction; and, B) Approval of Departmental Review R820916:1 subject to the following conditions: 1. Site de elopment including buildings, driveways, parking, landsca ing and other features shall be consistent with plans submitt d including modifications required herein. 2 Departmental Review R820916:1 (Davis/Glakeler) 2. Submit two copies of detailed landscape and irrigation plans indicating size, type and spacing of plant materials proposed for review and approval by the Planning Department prior to issuance of building permits. a. Raised concrete curbs or similar shall border each planter area. b. Plant materials shall be sized to achieve a mature ap- pearance within three years. C. The type of irrigation system shall depend upon the type of plant materials used and their watering needs. 3. In the event that archeological resources are discovered on the subject site during construction of this project, said resources are to remain undisturbed after discovery and con- struction activity shall cease immediately. The Planning Department is to be notified so that proper disposition of the resources may be accomplished. Construction may resume only upon authorization by the Planning Department.' 4. Building architecture shall be consistent with the elevations submitted. a. Roof-mounted mechanical equipment, except for solar panels, shall not be permitted since it cannot be ade- quately screened. b. Roof materials for all structures shall be Class C rat- ing or better. Provision shall be made for a paved and enclosed trash stor- age area in the location approved by the Planning Department. 6. The roject shall be connected to _ community water . Submit F ence from Atascadero Mutual Water Company indicating that are willin and able to rovide service g p . prior to issu- of permits. 7. The project shall be connected to community sewer . The Atas- cadero County Sanitation District has indicated that the pro- ject can be connected to the sewer . 8. All new utilities and utility connections shall be placed underground. 9 . Outdoor lighting fixtures shall be designed to miiimize on- site and offsite glare. Lighting shall be placed to allow apartment numbers to be readily identified and to illuminate pathways and parking areas. 3 Departmental Review R820916:1 (Davis/Glakeler) 10. Install concrete curb, gutter , sidewalk and street pave-out along the entire property frontage of Nacimiento Avenue. Said improvements are to be constructed under an inspection agreemerit and encroachment permit issued by the Public Works Department. a. Improvement drawings including relocation of the exist- ing poles shall be submitted to the Public Works Depart- merit for approval. b. Any dedications necessary to accommodate required street widths shall be made. C. Improvement plans shall be accompanied by any drainage plans deemed necessary by the Public Works Department. 11. Six foot high solid fencing, of a type and design approved by the Plarining Department, shall be provided along all property lines, except that said fencing shall be reduced to three feet irk height or may be eliminated within 25 feet of any public fight-of-way. 12. Submit two sets of grading and drainage plans indicating grade of building pads, flow lines at top of curb, etc. for review and approval by the Planning Department prior to issu- ance of any permits. Sa. Dr inage from the site shall not be allowed to flow directly to adjacent properties or across any public si ewalks or driveways. b. Al grading shall conform to Appendix Chapter 70 of the Uniform Building Code. Any grading necessary for site development- shall be subject to first securing necessary permits. 13 . Parking shall be provided generally as shown on plans submit- ted, except as modified by any previous conditions. Parking and access areas shall be paved with a minimum 2"AC on ade- quate base. Spaces shall be striped and provided with wheel stops or approved functional equivalent. a. A ninimum of 17 spaces shall be provided as shown on pl ns. Spaces are to be nine feet by 20 feet. At least onE space shall be provided for the handicapped with di ensions to be 14 feet by 20 feet and located next to thE handicapped accessible apartment. b. Spaces may be reduced to 17 feet in depth with the side- walks correspondingly widened by three feet to eliminate thE need for wheel stops. 14. No building permits shall be issued until Tentative Parcel Map AT 20916 : 1 merging the existing parcels is recorded. 4 Departmental Review R820916: 1 (Davis/Glakeler) 15. This Departmental Review approval is granted for a maximum period of one year from the date of final approval unless a time extension is granted by the Planning Director pursuant to a written request filed a minimum of ten days prior to the expiration date. 16. All conditions of approval established herein shall be com- plied with prior to occupancy of the buildings by the pro- posed use. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and conditions. TO DENY: Motion setting findings for denial. REPORT PREPARED BY:"-41'/`" C� FRED BUS i Associate Planner REPORT APPROVED BY: LAWRENCE STEVENS Planning Director Ps 5 L6 1 9Ip9 fg, 1yr 2 7 7 E 4 4 J 6 g tppl . 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'I ty FMCA o Ti F 13 its p � 6 i - CITY OF ATASCADERO 1918 fl 1979 Planning Department November 15, 1982 r SCADE�p STAFF REPORT SUBJECT: LOT LINE ADJUSTMENT LA 820916:11 LOCATION: 7135 El Camino Real (Lot 10, ptn. Lot 10A, Block JA) APPLICANT: Merrell M. Williams/Milton Meyer & Co. (Courtney and Associates) REQUEST: To adjust an existing lot line to accommodate future ex- pansion needs of the existing Williams Brothers Market. BACKGROUND 1. Existing Zoning: " C-1-C-D (522) 2. General Plan: Retail Commercial 3. Environmental Determination: The Planning Director has determined the application as presented to be a Class 5 (a) Categorical Exem- ption according to the provisions of the California Environmental Quality Act _ (CEQA) . 4. Site Conditions: - The site is 'located at the easternmost .corner of the Williams Brothers-Safeway Shopping Center . The center is com- posed, of numerous lots. Each lot contains a structure housing one or more stores and a"itiaved' parking area. The property involved is Lot 2 and Lot 3 of Tract 547 containing: the Sprouse-Reitz building and the Williams Brothers market respectively. Both lots are fully developed with the exception of a small portion of parking area that is unpaved and located just 'northeast of the Sprouse- Reitz store. This : corner of the center is bounded by a high walled embankment.` A low chainlink fence sits atop the bank along the Santa Ysabel Avenue property line. Landscaping along the top of the walls is in poor condition or non-existent. The property line between the two lots in this area runs along the southeast wall of the market. 5. Project Description: Theapplicant intendsto adjust the property line between Lot 2 and Lot 3 by subtracting a 47 foot by 135 foot rectangular area (6345 square feet) of land from Lot 2 and attach- ing it to: Lot 3 of Tract 547. It is the applicant' s intention to construct additional store area on this land to accommodate expan sion needs of the existing market facility at a future date. The new construction will be adjacent and contiguous to the proposed property line. Lot Line Adjustment LA 820916: 1 (Williams/Meyer) STAFF COMMENTS On Thursday, November 4, 1982 the Subdivision Review Board met to re- view the matter, with Tom Courtney, the applicant' s architect. Also present were: Larry Stevens, Planning Director; Vern. Elliott, Fire Captain; Patsy W st, Senior Engineering Technician; Fred Buss, Associ- ate Planner; and Wayne LaPrade, Planning Commissioner. The principal items of concern were: 1. Development conditions to be complied with prior to or during con- struction of the market addition. 2. Paint and maintain a fire lane around that corner of the center . Staff' s concerns with development conditions dealt with upgrading the landscaping, fe cing, storage facility and parking in this corner of the center under authority of the D (522) decombining district zoning. FINDINGS 1. The application as submitted has been determined to be categori- cally exempt from the requirements of C.E.Q.A. 2. The application as submitted conforms with applicable subdivision regulations. RECOMMENDATION Based upon the above findings, the Planning Department recommends approval of Lot Line Adjustment LA 8209161: 1 subject._to. the following conditions: 1. Refurbishing of existing landscaping, fencing, storage facilities and parking ow in poor condition shall be required in conjunction with issuance of building permits for the proposed market addition. 2. The lot line adjustment as shown on the map attachment provided herein shall be submitted in a Final Map format to be approved by the Planning Department prior to recordation by the County Record- er' s Office. 3. The proposed adjusted lot lines shall be surveyed and monuments set at new property corners prior to recordation of the Final Map. 4. Approval of this Lot Line Adjustment shall expire two years from the date of final approval unless a time extension has been granted pursuant to a written request prior to the expiration date. 2 Lot Line Adjustment LA 820916:1 (Williams/Meyer) ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: RED BUSS Associate Planner REPORT APPROVED BY: IOJPV4"�' LAWRENCE STEVENS Planning Director Ps 3 I��2 ,,14 14 �J1 _ ��G�''� � E7� 9 ;1, / - 5 12 It �!u 4 27 1 it- IT t E 3 t 3 6 5 Qi I 1\ t6tgl4\ti2 IIQ 57 60 D 56 75 X x 1 a T 35� 61 64 \ 14 31132 71 ; 6 4 3 E 2 L 3j, T 1l 6° 62 63 17!Ig 1 ` 7 2 8 1 2S 2a 10 90 19 1� L 20 23 � 2 `� - 28 2 � d ` 14 13 12 t0 /• b �3 4 5 7 —8 16 IS LIB 192� 12 14 g 1+ 113 2 6 1 6 3 f>tA 20 7 6 5 f 13 I`t 9 13. 8 61 4- 4 4 t - 9�-- 60 61 21 'b 7R r \ 4 '3 12!11 8/ s 654 V E3 13 tl ® 1 X303 32 34 L4 15 3 4 I7 t t 39lur i I 14 I !� D !A 2 5 ZEj 4\3 26 13 1\ 4 t 15 8 2 43 4 3 2 I L si/ It 1 10 9 7 27 12 t 1 , t T 6 27 g 2p 22 24 2 5 11n�j 18 5 2 13 1214 19 5 3 19 j 17 16 15 4� X12 K>7 % 1 28 10 7 iY lVf� . `7 '1 4 A , ; P ,Ia 25 �i L8 i 18 14 �� p r ,3 16 i — 17" 7 5 7 4 51 ' ^33.4 ,16 27 2 t I� 14 / i T 4 L 2 z i 1 4\ 3p+�1 ��1 i 6 I� 189 12 323 24 t q 2 514 J II 13 20 Ip 3 g i 4 s 26, 13 N N V ,. 12 21_ 9 7 5 1 1 1 10 9 j'4 t i - � / �/ I 9, . 2� 4t 4/ Z0 CHT(o I✓ 1??AP 6 7 19 23:24 9! 78 15j �� µ �` X12 134 6 jC�21 � '� ! 3g 7 �tLL/AMS �2US./�v14�2TN�/ ff/jSS'CC, � ;f y 31 4 /3 � IOb 1 6 5 3 f � � ��// f� L oT u l tl+Pr 11 7� 4PAI 30 -OF/ _ (d ic' O"?" t6 _ T4 ! 0 6 6 i i 5 34 13 I 67 14 z� 25 2 3 26 13 2 66 62 4 P% z2 �7 I 2Q 63 ri 2 i 3 34 1 e 10 ' 6 � y t Will III i � •o ��� � y ay�i� `�i '�. ItIF I � .�.Yv7C14f•31��' L Ilk • 1 � I♦ �! t , � ,,fir ♦ • ' � � � +� ' i ate• �s• ` � t �� . ' ' • , 1 4 j A , . A = I IN l z - r1 TA +�t �\ �3�i � I y �•. � ., nue � _ _ ...:_ IE t M r v+»n Ql M wl - w _ - �; a ` l i zo ro - 2 M E M O R A N D U M TO: Hurray' FROM: Larry McPherson SUBJECT: Street Overlay Project - 1982/83 Bid No. 82-07 Recommendation It is recommended that City Council accept the low bid for the subject project submitted by Ventures West, 1048 Barstow Avenue, Clovis, CA in the amount of $193,207.00. Background The funds for this project are available in account #02-41-4351 (Gas Tax) and 105-41-4351 (SB 325) The Engineer's estimate for this project was $240,710.20. The attached s "read sheet shows the results of the bids received. AWRENCE McPHE SON LM:vh 11-17-82 _. att. a ¢ 0 y 0 C2. 0 E,. C7 CD CD- O Sv K (A O Y (D K (D (D rt x 1 ;; • K H 00 Ea to to N En C, 0 d K (D (D to (D (D (D N Y•O• � n N (D 0) H O A� Sv H' z (D 0 C) K A� fv 0 O N t. ((D C o Y Gd f"7 C/) td D d app (�D (D ((DD N D 'gyp In Ell d D (-n (� N N 0 O 0 110 LU OO FS 07 O 110 •D n M z H 0 ti (DFA O N K ' N > 0 O1 az� '� W W Ni O OD LnJ m (D O N C) (,( 0 �P O O O (D Cl H 0 (•1' H O F-� A -M -Vi. tR H ep r -11 &. H Cl O H N (•p P W N W ft .jFd (-) • H CO F-4J O � �_ � O z W r-h (7j O O co Ln N O G) F M 1 C Y• _tTJ t/? N ' N N N D Fa O .O O tlo ko ( > . . . . d O00 Q LnW � ON N �P O O Ul O C) _0 n = Q ty >; CD z N CD Q O (D _. N F� (D N 00 F'I N N I I N O U7 J 00 N M Iv E En (D (D (D n H ro H H O Z C r diaz "x C) o p C/) A C C/) > Ld A O � (D (D (D -G '� K N Ind N v V M b Z rkc`�tl�/\I N N N 0 O C N O pl tri O Vl 00 N Ol 4�-. l0 w. W O Q �P O O O O O W Ln Ln 00 O O H 100 F O A rb N (D O rt N � z Ul O O W -- O r -ul y :D N N N 1C- N N F" H N U1 Vl N 0 ` H 00 U1 N P OP 110 N Il .A O D. Ut II O M E M 0 R A N D UM`, TO: Mui ray FROM: La ry McPherson SUBJECT: $i No. 82-08 -- Used Station Wagon Recommendation It is recommended that City Council accept the low bid for the subject item submitted by National Car Rental, San Francisco Airport, San Francisco, CA, in the amount of $6,572.00. This acceptance should be contingent upon inspection of the vehicle. Background Funds for this purchase are available in account #01-20-3178. The attached Bid S mmary Sheet shown the types and prices of vehicles bid. WRENCE McPHE SON LM:vh 11-17-82 att. avZ Zw :4x EEnroz C/) O w ._ rt w F'• N• O (D (D w w W aJ—. 03 oo N H O U Fi 0 0 O rt -p CD Q 0 ON CrM M N �i m O "0 =3 pr til H • " K " w 0 ' CD (D ~ O (D «' 0 0 0 X F-' CD C2 O O N 0 v- F-+ M •d -r- W H- 00 C) El n n F-'GQ O N co fA a` W H- rt N () n Lo 0 03�.o 0 %D N 0 rt 0o O O 00 � � N m w 9 r-h 0 w 1 rt Un 00 N N ... O C F-h 00 Id W 1 F-' N N• O H 00 n rt N (D rt F, F, Fv HCD Ci 0 oro o H o C) ro :3O nrt -z . F- ar ti N m a m p, E r o H C) rF ID �3 0 (D O H n rt 0 w tl :4 0) rt H- hl w• w b w w F, (D m C rt Cd rt n p t C-,) W rt t= Cn vi m t� `Oka g m m C -t C-t v �l Z. rt rt rt ?WC ON Y 1,0 � O v O r't W =-0 P O C) O O O O O O O w-.. n CD .v, n v 0 Lo H -vr -cn -vr 0 fl O (D v ON a, nrt rt w 00 L" Q P) 0 41 (p O tp V O Cl. w OCD 1h O O 0 Pi 0 0 '_ _. C) A) CD Q 0 CD CD C CD M_E_M_0!R_A_N_D_U_M_ 0: City Council 7ROM: City Manager' 'SUBJECT: Police Dfficers at School functions DATE`: November 15, 1982 At the last ouncil meeting, Council directed Staff to work with the School District staff to resolve the question of providing police at school functions. Accordingly, a meeting was held on November 11, 1982 to discuss this issue. The School authorities were advised that the City would provide police at the next two games with reimbursement by the School at least up to the amount for which they had budgeted. The School authorities agreed to check the feasibility- of providing liability and workers comp coverage with the City as an additional insured. The arrangement for police attendance beyond; the current commitment is still under' discussion. With regard to the Junior High School dances, the Principal ex- pressed her concern for the half hour immediately preceding a dance and the period immediately after a dance. Her concern was for off- school premises gatherings and particular concern with the gatherings in the Creek area. She noted that there was no need for on-campus patrol. It was noted that concern for off-premises gatherings would be of interest to the PoliceChiefwithout regard to whether police were contracted for by' the` School or not and that any gatherings of that sort would receive additional attention during_ the appropriate shift. The Chef of Police has indicated that special attention can be given to those areas as a matter of routine shift assignment. He is discussing this proce�jure further with the Junioe-High School Prin- cipal. Attached for your information and guidance is an agreement for use by the Sheriff' s ' Department in providing deputies for special func- tions. I have checked with the Sheriff' s office concerning this agreement and have been advised that they will provide deputies within the limits of their manpower to anyone, including the Atascadero School District, if they will use the attached agreement. The reason this contract has been drafted is because of concerns with liability and workers compensation coverages as well as concerns as to whether the exercise of Dolice powers by deputies not under the direct control of the S'heriff' s Office is possible. This question has arisen because of the past practice of contracting with individual police officers. "It was the opinion of the Chief Deputy that the problem could be ad- dressed through , he use of private security officers and itwasindi- cated that many jurisdictions have undertaken this course of action. Memorandum Police at School Functions The foregoing is provided for your information. Perhaps the issues will be resolved in the foreseeable future through future dis- cussions with the School and Staff. At this point, I am waiting for theirreply concerning provision of liability and workers compensa- tion. The foregoing is offered as additional information to that pro- vided by my November 3, 1982 memo on the same subject. I commend your consideration of a policy .similar to that adopted by the Sheriff' s ' Department along with an adoption of an agreement such as they have drafted. MURRAY L. WARDEN MLW:ad 2 AGREEMENT a4 THIS AGREEMENT is made and entered into this day of November, 11.182, between the.Co my of San Luis Obispo, hereinafter called the "County", which term shall alsc be synonymous with the Sheriff's Office of the County of San Luis Obispo, and, A ascadero High School , hereinafter called "District". WITNESSETH WHEREAS, he County provides Sheriff's Deputies, to assist in preserving r: E peace and order, at special events and functions which are conducted at various locations throughout the County, and WHEREAS, the District conducts special events for students of the District, and WHEREAS, toth the County and District agree that said event requires a higher involvenient of the County's law enforcement agencies in order to assist in the preservation and protection of District property, and-the maintenance of peace and order ,. and WHEREAS, 1he presence of uniformed sworn Peace Officers at said events will. have an efficacious effect thereby assisting in the objects set forth hereinabove, a d WHEREAS, 1he County of San Luis Obispo and the Sheriff of the County of San Luis Obispo de ire to cooperate in assisting the District in regulating said activities. NOW, THEREFORE, in consiieration of thi mutual, covenants and conditions hereinafter co tained, the parties hereto agree as follows: 1 . TERM OF AGREEMENT. This Agreement shall commence on November 1982, and shall be subject to termination by either party upon two weeks advance written notice to the other party. 2. COUNTY'S OBLIGATIONS. The County shall provide: a. Uniformed Deputy Sheriffs to maintain security at the special events. b. Transportation of said Deputies to and from the site of the activity. c. Command, control and direction of the activity of said Deputies generally and specifically in accordance with their law enforcement duties and E responsibilities. 3. DISTRICT'S OBLIGATIONS. The District shall : a. Notify the County at least two weeks in advance of the scheduled event of the following: I . Number of prospective attendees, • 2. Number of special activities during the event. b. Reimburse the County upon a claim form submitted by the County. at a date not less than two (2) weeks after submission of said claim for the cost incurred services at a per hour rate as determined by the Board of Supervisors or its representative for all services anticipated by this agreement. 4. SCOPE OF SERVICES. The parties acknowledge that the services provided by the County under this agreement are performed and made accessible in the public interest. It is further acknowledged that coordination with the District's programs as provided by the County in this instance as a public service is of no substantial benefit, materially o , financially, to the County of San Luis Obispo. Further, while the District acknowledges that the assignment of Deputies in conjunction with services provided under this agreement are' of value to the Distric and the community, it is agreed by both the District and County that any value derived from this service or services provided by the County or its employees is not legal consideration sufficient to support the irrevocability of this agreem nt, nor impose any obligations other than those expressed by the particular terThs of this agreement. 5. INDEMNIFICATION. District shall defend, indemnify and save harmless the County, its officers, agents and employees, from any and all claims, demands, damages, costs expenses, or liability arising out of this contract or occasionea by the perform nce or attempted performance of the provisions hereof except those arising from the sole negligence or wilful misconduct of the County, including, but not limited to, any act or omission to act on the part of the District or its agents or employees or other independent contractors directly responsible to it. 6. INSURANCE. District shall obtain and maintain for the entire term of Contract, general public liability insurance, or its equivalent in self-insurance in companies, acceptable to the County, authorized to .issue such insurance in the State of California. Said insurance shall consist of the fol l owl ng: �. . i. Liability Insurance: District shall maintain in full force and effect, for th period covered by this Contract, bodily and personal injury, including deati resulting therefrom, and property damage insurance. This liability insu ance shall include, but not be limited to, protection against claim arising from bodily and personal injury, including death resulting therefrom, and damage to property, resulting from any act or occurrence arising out of Dist:^ic 's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1 ,000,000.000). The following endorsements must be attached to the policy: (1 ) If the insurance policy covers on an "accident" basis, it must be changed to "occurrence". (2) The policy must cover personal injury as well as bodily injury. (3) Broad form property damage liability must be afforded. (4) The County of San Luis Obispo, its officers, employees, and agents shall be named insureds under the policy, and the policy shall provide that no other insurance effected by the County will be called upon to contribute F to a loss hereunder. b. Workers' Compensation Insurance: In' accordance with the provisions of Section 3700 of the Labor Code, District is required to be insured against liability for workers' compensation or to undertake self-insurance. District agrees to comply with such provisions before County commences the F performance under this Contract. District agrees that Deputy Sheriffs assigned pursuant to this agreement are in a special employment relationship. District especially acknowledges the applicability of Paragraph 5 above to any injury to a Deputy Sheriff arising out of the performance of this agreement. c. The following requirements apply to all insurance to be provided by District: (1 ) A certified copy of each insurance policy and a certificate of insurance shall be furnished County within thirty (30) days after execution of this Contract. A certificate alone is not acceptable. (2) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to County. (3) Approval of the insurance by County shall not relieve or decrease the e tent to which the District may be held responsible for payment of damages. If District fails or refuses to procure or maintain the insurance required by this paragraph, or fairs or refuses to furnish County with required proof that insurance has been procured and is in force and paid for, County shall hive the right, at County's election, to forthwith terminate this Contract. 7. NOTIC S. Any notice required to be given pursuant to the terms and F provisions hereof shall be in writing and shall be sent by certified or registered mail to the County at: San Luis Obispo County Sheriff P.O. Box 32 s, San Luis Obispo, California 93406 and to the Dis rice at: Atascadero Mgt School 1 High School Hill _ Atascadero, California 93422 8. ENFOR EABILITY. The invalidity and unenforceability of any terms or provisions her of shall in no way affect the validity or enforceability of any other terms or provisions. 9. MODIFICATION. This Contract constitutes the entire understanding of the parties hereto and no changes, amendments or alterations shall be effective unless in writing and signed by both parties. t 10. ASSIGNMENT SOF PERSONNEL. The number of Deputy Sheriffs assigned to any activity shall be within the discretion of the Sheriff of the County of San Luis Obispo. 11 . SECURITY OF PROPERTY. District acknowledges that the County of San Luis Obispo and the Sheriff shall not by the performance of special services under this agreement, become indemnitors or assume the responsibility for persons or property nor 'for the safety of any District property nor liability for the loss or damage to any such property nor District personnel hereby. District further particularly acknowledges the applicability of the provisions of Paragraph 5 hereinabove concerning any loss suffered in any manner by District. f IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on the day and year first abovewritten. It is understood that this agreement is specifically subject to approval by the Board of Supervisors of the County of San Luis Obispo ana shall not be construed to be binding upon the County until such approval has been give -4 By: GEORGE S. WHITING, Sheriff DISTRICT By: By: .k z)l"�',,,.. `rd' � � �:. � a. 1 t � r-ria r��� .� � p �, x a •K,.� � v 4 U.Yr' p : , r f ' ro . S 2,7 v aY pt 4 FM # N 1 .-P k. {±.•5. �Z v* ;,W, r �- y �F z � x �„. �• .* y r },: t �-,ds�'a..2-.y t.,.'>- G� i�.��•$ r _ d * �Yr E'�"xr"s. �zF.nt j s aseadelce , �s :j. .Ii �.'� F.� .r,? ,h `;r ;• 4, y:. � teS � '.'..,�``y x t'.- "`+ i r::.7^xk -i,. iia-•a, - mak-}4 °v�-�< 't rr.G �"�,r Y'yf4. �'`"�' ;,1" zX .Y� x+x x~.: _. z;t 1.; ...•. .., .6`.4 4, 1..a$.w.,a.n-`, ,�"-,..i. a:�.'x,. �:_ ;g• ' : � � 1F 5•,. � L,4 q 'N h { L p 2 .INCORPORATED JULY..2. 1979 i DATEE November 17, 1982 TOMurray Warden, City Manager a fq � �*.,���M�k�t�k�r�i'"...•*.��a�*�'� m as FRO Allen Grimes, City Attorney I ?ss`'�r13'k�"3r•'�yt„�t"�'^��.��wp.�h`h+`.h�•� N -. r SUB ECT Draft Agreement Between the County and x t the Atascadero High School District t F for Security Services Reference is made to your memo relating to the above krr subject dated November 10, 1982. I have read the t agreement and think it is a fine job of drafting for T 7 g the purpose for which it was designed. Y I would think that the best possible position for the ' City to take in this matter would be to precisely match the County Sheriff's position, both as to the necessity , and content of the agreement, and as to the charge to pxx `° k be de for the service if requested. q t,.t •`'s x,� r � R� '? < r 3 a/ ♦.,.�,! gkh'x at�w.l s.�I - IN 11 r �� C Ni � M fY,,,,�,.1 �' H .i.���•2yf`P�k'k:Il�#���i 6 Yy 3 a ti } -'�'• .r 5 t rr sL.t ✓'� t f ' �'e �' .�,.. k� c• Z.. /: . ,S WYE � `— �,., vLwy, s^'y5n..�. x.< '..,.`+„ '4caJ',x." «„ .' �'�-htv-S r:a'.•'4�" 'u`4i 5,"--g •A. + a s` jay sR < s`n fi� ;-•� '. a ,y� �;x t - w r<e .� iia}, ! `ua ?� x^m,: .,r . � o-j > !�>;zs x1- �'S°' �`v"''f.s''x .s#.'` _r Ws` 4 S{:.• x t( :�:w�. ^'�.s?'6y"y3.a¢,d,*�c�T+: �.eEr•Y� v,.=p , arr%y; ..,,v, ,4' '7:,rY .x`�,.tJ'cW,�....:. 7v�,.{.^'�."'ru NsG L. mai, -.�'��',.t,1 s;1.4' "r.Y € �- ! :., rt K,s �y,♦ �-c T'L 3.'-• -t k'^-*zd��"'�4��� 4' � '�,z n,-r'yx' s t�.r-"t 'a .,•a�4•�d.-:r���G *� �ro �x'" �� RESOLUTION NO. 54-82 RESOLUTION COMMENDING SUPERVISOR HOWARD D. MANKINS ON HIS RETIREMENT AS FOURTH DISTRICT SUPERVISOR WHEREAS, Supervisor Mankins has served as Fourth District Super 3 visor since 1971 and WHEREAS, Supervisor Mankins was the first Supervisor to serve two & consecutive year as Chairman of the Board of Supervisors; and WHEREAS, Sup rvisor Mankins has actively represented the Boardand his district, as well as the County as a whole, on various commissions and committees i eluding San Luis Obispo County Pension Trust Board, a County Building Irt Committee, South San Luis Obispo County Sanitation District, Local Igency Formation Commission, Director of the County "= Supervisors Ass ciation of California, and Chairman of the Southern California Regio al Association of County Supervisors; and k WHEREAS, it is appropriate that on the retirement of Supervisor ' Mankins, the City of Atascadero acknowledge, commend and thank him for ~� his long and dis inguished service to the people of this community. NOW, THEREFO E, BE IT RESOLVED that the Atascadero City Council hereby expresseE its acknowledgement and appreciation of Supervisor - Mankins' dedicat d twelve years of .service as Fourth District Supervi�: sor of San Luis bispo County and .r BE IT FURTHER RESOLVED that the Atascadero City Council takes this" opportunity to say, "Congratulations, Howard, well done; best wishes and enjoy yourself. " On motion by Councilman and seconded --by Councilman the ford1bing resolution is hereby adopted in its en- tirety on the following roll call vote: AYES': NOES ABSENT ADOPTED: ,r ROLFE NELSON, Mayor ATTEST: BARBARA NORRIS, ity Clerk Resolution No. 54-82 - Howard Mankins APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MURRAY L. WARDEN,; City Manager • a • 2 1 `TASCADERO COUNTYSANITATION DISTRICT COUNTY OF SAN LUIS OBISPO STATE OF ;CALIFORNIA ORDINANCE NO. 58 AN ORDINANCE AMENDING SECTION 10 OF ORDINANCE NO. 54 REGARDING: SEWER SERVICE CHARGES The Board of Directors of the Atascadero County Sanitation Dis- trict does ordain as follows: Section 1. That Section 10 of Ordinance No. 54, Section 11.1 (j ) of the Atascade o County Sanitation District Ordinance Code, is amend- ed to read as f =llows: Section 11. Charge (j) (i) Churches/Meeting Halls - ;Less than 150 seats $15.00 (ii) Churches/Meeting Halls - 150 to 250 seats 25.00 (iii) Churches/Meeting Halls Over 250 seats 35.00 Section 2. The District Secretary shall cause this ordinance to be published cnce within fifteen < (15) days after its passage in the Atascade'ro News, a newspaper of general circulation, printed, pub- lished and circulated in this District; shall certify the adoption and publication of this ordinance; and shall cause this ordinance- and its certification to be entered in the Book of Ordinances of this Dis- trict. - Section 3. This ordinance shall go into effect and be in full force and effect at 12:01 on the thirty-first (31st) 'day after pass- age. The foregoing ordinance was introduced,- adopted and ordered pub- lished at a meeting of the District -Board of Directors held on by the following vote: AYES: NOES: ABSENT: ROLFE NELSON, President Ordinance No. 58 Sewer Charges ATTEST: MURRAY L. WARDEN, Secretary APPROVED AS TO FORM: js/ Allen Grimes -ALLEN GRIMES, Attorney APPROVED AS TO CONTENT: MURRAY L. WARDEN,, Manager • 2 SAGENDA - `ATASCAD RO CITY COUNCIL Regular Meeting - November 8, 1982 7: 30 p.m. u:A.tascadero Admin st-ration-Building - - - - Cull to Order' P. dge of Allegiance avocation Roll Calleto Public Comment :;City Council Comments /14"7e --V, A. CONSENT CAL NDAR NOTICE TO THE PUBLIC` All matters isted under .Item A, Consent Calendar, are considered ,to be routine and will be enacted by one motion in the form list®d below. There will be no separate discussion of these items. If dis- cusson 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 regular meeting of October 25, 1982 (RECOMMEND APPROVAL) 2. Treasurer ' s Report, 10-1-82 to 10-31-82 (RECOMMEND'APPRC(VAL) . 3. Finance Director' s Report, 10-1-82 to 10-31-82 (RECOMMENI '.W- PROVAL) -4. 'Tentati a Parcel Map AT 820917: 2, 9300 E1 Bordo Avenue, Wedco (Ralph J. McCarthy & 'Associates/Associated Professions, Inc. ) to allow merging of four; parcels totaling 3.42 acresofland into one parcel and resubdivide- into two parcels (RECOMMEND APPROVA OF PLANNING COMMISSION RECOMMENDATION) 5. Tentati a Parcel Map AT 820917: 1, 4785 Traffic Way, Frank Scicchi ano/Steven Pascel (Twin Cities Engineering) to ,allow air-spa .-e condominium subdivision of an existing" industrial building (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMEN- DATION) 6. Acceptance of Parcel Map AT 820311:1, 11605 Cenegal, John White (Twin Cities) (RECOMMEND APPROVAL OF PLANNING CMMISS ON RECOMMENDATION) 7. Acceptance of Parcel"Map. AT '820309:1, 9600LaurelRoad/10570 San ` Marcos, Frank Atkinson (Twin Cities) (RECOMMEND APPROVAL ' OF PLANNING COMMISSION RECOMMENDATION) r , AGENDA - ATASCADERO CITY COUNCIL -, NOVEMBER 8, 1982 8. Lot Line Adjustment LA 820901:1, 9030 and 9034 La Linia, W.D. & S.S. Tilley/Wayne -�& Margarzt--Landrum,- -(Associat-ed Prof es- -� sions) to adjust existing lot line to eliminate "flag" lot (RECOMMEND APPROVAL OF PLANNING COMMISSION-RECOMMENDATION) 9. Conditional Use Permit U820917: 2, 9300 El Bordo ,Avenue, Wedco (Ralph J.' McCarthy & Associates) to allow construction of 44 residential units on a parcel containing 2.92 acres (RECOM- MEND APPROVAL OF RECOM-MENDAPPROVAL` OF PLANNING COMMISSION RECOMMENDATION) 10 Grant of Easement from Mariam A. Lein at the corner of Arcade and Cascada (RECOMMEND ACCEPTANCE) 11. Resolution No. 53-82 approving claim for State Transit As- sistance Funds (RECOMMEND ADOPTION AND AUTHORIZE CITY MANAGER TO SIGN) B. HEARINGS, APPEARANCES AND REPORTS �. <SZ 1. Consideration of request for mobilehome rent stabilization ordinance .� 2. City AttorneyReport No. 22 C. UNFINISHED BUSINESS L . c*'�onsideration ' of recommendations concerning sewer rates qMo/i n•% Cfava� Fee Committee— Maekey �; AV 3. t Police attendance at school functions p n�! m S�`+"�N��sli.� /1f_ Mr&. 4. Resolution No. 52-82 adopting a salary/classification s he- dule 'for the 1982-83 fiscal year D. NEW BUSINESS Ao D� 1. Consideration of adopting policy regarding items brough up at a Council meeting Urmovti b ;r.► o1�. Recommendation for stop sign at the intersection of onita and San Gabriel 3 Review of SLO COG agenda E. ATASCADERO COUNTY ANITATION DISTRICT None (prAll" opm F. INDIVIDUAL DETERMIN I N AND/OR ACTION 1. City Council 2.AeALCity,Attorney 3.4on- City Clerk �rNIJOWWt(0,awx{ 4 iWr,City Treasu er �? or� MIf o r11 'v N ,po CITY OF ATASCACERO TREASURER'S REPORT OCTOBER 1, :1982 TO OCTOBER 31,1982 RECEIPTS - TAXES Sales & Use 54 ,000.00 Motor Vehicle ' In Lieu" 24,624.65 Cigarette Tax 2,800.43 Occupancy Tax 11,140.62 Prior Year Property ,Tax -0 - Property Trans er Tax 899 .21 Current Year 'P operty Tax 11,642.35 Miscellanous Tax 33.66 LICENSES/PERMITS/FEES 7,917.38 GAS TAX 16,879 .86 TRAFFIC SAFETY 2,485.31 RECREATION FEE 10,420.27 RETURNED FROM IOCAL 'AGENCY INVESTMENT FUND AND MATURED-TIME DEPOSITS 140,0>00.00 INTEREST ON INVESTMENTS 22,184.30 TRANSPORTATION SB-325 -0- REVENUE SHARINC 149 ,546.00 GRANTS 13,000.00 MISCELLANEOUS Rents Concessi ns 1,114.70 Rebates 70 .00 Sale Maps/Publications/Reports 87 .55 j Special Police Services 81.00 Narcotic Offic r Reimbursement 7,267 .22 Fines & Penalties 9`53.90 P.O.S.T. Reimbursement 3,613.22 Dial-A-Ride Fa ebox 1,643.75 Bails/Bonds 632. 50 Miscellaneous 1,305..15 TOTAL $ -484,343.03 1 CITY OF ATASCADERO TREASURER'S REPORT OCTOBER 1, 1982 TO OCTOBER 31, 1982 INVESTMENTS LOCAL AGENCY INVESTMENTFUND 245,000. 00 TIME DEPOSIT, FIDELITY SAVINGS 12.80$ =Interest, Matures 11/08/82 100,000.00 TIME DEPOSIT, CENTURY FEDERAL SAVINGS` 18.25% Interest, Matures 11/18/82 100 ,000.00 TIME DEPOSIT, MID-STATE BANK 9.00% Interest, Matures 11/22/82 100,000.00 TIME DEPOSIT, SECURITY PACIFIC BANK 14.00% Interest, Matures 12/12/82 106,000.00 TIME DEPOSIT, MID-STATE BANK 10.75% Interest, Matures 12/14/82 100,000.00 TIME DEPOSIT, ;MID-STATE BANK< 14.60% Interest, Matures 12/20/82 100,000.00 TIME DEPOSIT, BANK OF AMERICA 13.25% Interest, Matures, 01/10/83 100,000.00 TIME DEPOSIT, SANTA BARBARA SAVINGS 15.00% Interest, Matures 01/10/83 100,000.00 TIME DEPOSIT, GREAT WESTERN SAVINGS 11. 50$ interest, Matures 02/10/82 100,000.00 TOTAL INVESTMENT DEPOSITS $1,145,000 .00 Steven M. RiEnto, Treasurer 2 I CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT OCTOBER 1, '1982 TO OCTOBER 31, 1982 BALANCE AS OF SEPTEMBER 30, 1982 11,838.36 DEPOSITED BY TREASURER, SEE RECEIPTS, TREASURER'S RE ORT, PAGE 1 484, 343. 03 TOTAL 496 ,181.39 HAND CHECK REGISTER DATED 10/31/82 247,664.45 CHECK REGISTER DATED 10/12/82 79,889.39 CHECK REGISTER DATED 10/13/8,2 6,177.73 CHECK REGISTER DATED 10/22/82 41,752.24 CHECK REGISTER DATED 10/,29/82 28 ,960. 80 EXPENSE LISTINC 84,203. 44 TOTAL 488,648. 05 BALANCE AS OF CTOBER 31, 1982 7,533.34 PETTY CASH56.82 TREASURY INDIES MENTS SEE TREASURER 1EPORT, PAGE 2 1,145 ,000.00 TOTAL $1,152,590.16 I,RALPH H DOWELL JR. , do hereby certify and declare that demands enumer ted and referred to in the foregoing register are accurate a d just claims against the City and that there are funds available for payment thereof in the City Treasury. Dated: Nove ber 3,1982 Ralph H. Dowell, Jr. Finance Director rray . 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I j �r. .yl, i G I � [I z t 71 _ tC4 Zi 7 x x x x X k x xX1 x x z I za a � >r zz z A - = m of tn 777 m i - a - - z X 2z z I _ , 03 3txi M [ i I _ i z G !_ z zM. r 7-1 f -E s f r ([I ^ cz F 1 X 'X XXmf'l ' ..-: X X X X ' r .f � /. '�xX tXX>{X { X {X XX X ! z !� X Cj3f 11 C�{ f.4 u iii PJ :^.a ..>sLIZ {, A A .A b ..??..t,t v1 , 4 w '"r a, D .'„� A \ .r c :; ti: > j e I 4zz liRT"r it CL I _ I F,( 704 a f z � I , I _ 71, 4 rZ 10 K - xxx Xx c: _� = z 7 cp 11 Z JD'7DT I. i z a zzzz->Zzz r i c,ccccccccc*� ; C i j ia � E I I s - ( i i t r i CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT OCTOBER 1, 1982 TO OCTOBER 31, 1982 EXPENSE LISTING PAYROLL DATED 0/06/82 CHECKS #9337-9436 46,608 .90 PAYROLL DATED 0/20/82 CHECKS #9438-9514 43 ,824.90 VOIDED CHECK #15464 ,Ck.Reg.Dated 10/29/82 Pg.7 ( 40. 00) VOIDED CHECK #15218 ,Ck.Reg.Dated 10/12/82 Pg. 3 ( 174. 82) IMPROPER PROGRAM CALCULATION OF P.E.R.S. REPORT TOTALS (5,950 . 68) DEPOSIT IN TRANSIT NOT LISTED 09/30/82 (65 . 00) JOURNEL ENTRY ERROR .14 TOTAL 84 ,203. 44 33 M E M O R A N D U M TO. CITY MANA ER November 2, 1982 FROM: PLANNING EIRECTOR SUBJECT: TENTATIVE PARCEL _MAP AT 820917:2 LOCATION: 9300 E1 Bordo Avenue (Ptn. Lot 1, Block 7, Eaglet #2) APPLICANT: Wedc (Ralph J. McCarthy & Associates/Associated Profes- sions , rofession , Inc. ) REQUEST: To allow merging of four parcels totaling , 3.42acres of land into one parcel and resubdivide into two parcels of 2.92 and 0.50 acres each. On November 1, 1982 the Planning Commission conducted a public hearing on the subject m tter unanimously (Commissioner LaPrade abstained due to a possible co flict of interest) authorizing a Conditional Negative Declaration and approving the merger and resubdivision subject to Con- ditions 1-12 as set forth in the attached Staff Report with the addi- tion of the following Finding "3. Use of the financing commitment letter from Farmers Home Adminis- tration °in lieu of the construction of improvements or the stand- ard performance guarantees in deferring those improvements is desirable to facilitate a project providing affordable housing. " and with the following modifications of conditions: Modify Condition #10` by adding the underlined: "10. All onditions. . . .Final. Map. The applicant may defer r improvements required by Conditions 5,7,8, and 10 b i_u5`E`1tting to the Planning Department, prior to recorda- tion ecor a-tion of the Final Map, a letter from Farmers Home Admin- str tion indicating a financial commitment ` to construct the ro 'ect and associated improvements. " Ada Condition #13 to read: "13. The existing building on proposed Parcel A shall be modi- fied so that it conforms with applicable setback `require- ment (secure permits for any such work) or the lot line shall be adjusted as necessary to provide a conforming setback." l Tentative Parcel Map AT 820917:2 (Wedco) Therewasconsiderable discussion among the Commission principally concerning the timing of improvements relative to recordation of the Final Map. Several alternative approaches were discussed before settling on the recommended revision to Condition #10. Ralph McCarthy, applicant' s architect, and Wally Dunn, applicant, appeared and indicated concurrence with the Staff recommendation ex- cept for Condition #10. They explained their inability to comply with that requirement due to Farmers Home Administration regulations, and provided other information on project timing. No one else appeared on the matter . LAWRENCE STEVENS MUWY L WARDEN Planning Director Ci y Man ger ps 2 ern P z�FFr. I� G 1fl79 �, CITY OF ATASCADERO lays i C - � ��E�o Planning Department November 1, 1982 STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP AT 8.20917: 2 LOCATION: 9360 El Bordo Avenue (Ptn. Lot 1, Block 7 , Eaglet #2) APPLICANT: Wedc (Ralph J. McCarthy & Associates/Associated Profes- sions, Inc. ) REQUEST: To allow merging of four parcels totaling 3.42 acres of land into one parcel and resubdivide into two parcels of 2.92 and 0 .50 acres each. BACKGROUND 1. Existing Background: R-4-B-2-D (506) 2. General Plan: High Density Multiple Family Residential (16 dwell- ing units pei acre maximum density) 3. Environmental Determination: An initial study environmental form has been c mpleted for the project. The Planning Director has prepared a D aft Conditional Negative Declaration indicating the project will not have a significant adverse effect upon the en- vironment if certain mitigation measures are incorporated into the project. 4. Site Conditi ns: The site consists of four parcels containing 3. 42 acres of land. There are three houses on the southwesterly end of the site as well as a hay barn and numerous other small, dilapidated structures on the central portion of the site. There are numerous trees on the site including oaks and elms. The open areas are ir natural grasses with dirt driveways. The lot slopes from the northern corner down to the southern corner at approxi- mately .a 3$ crade. 5. Project Desc iption: The applicant intends to merge four existing parcels into one of 3. 42 acres and resubdivide that into two par- cels of 2.S2 and 0 . 50 acres each. The 2.92 acre parcel will be used to develop a 44 unit apartment complex, and the 0. 50 acre parcel may be sold off or used to expand the site by adding eight more units. Both proposed parcels front on El Bordo Avenue. Tentative Parcel Map AT 820917: 2 (Wedco/McCarthy) STAFF COMMENTS On October 7, 1982 the Subdivision Review Board met with the applicant Wally Dunn, his architect, Ralph McCarthy, and engineer from Associ- ated Professions to discuss the proposed project. Also attending were: Larry McPherson, Public Works Director; Fred Buss, Associate Planner; Kami Griffin, Planning Intern; and Chuck Fletcher, Fire Captain. The following items were discussed: 1. Street light requirement at Las Lomas intersection with El Bordo Avenue 2. Street improvements for half of street 3. Additional fire hydrant to be placed just west of the proposed most easterly entrance 4. Drainage plans will require metered outflow from the site flow shall not increase beyond historic rate 5. Sewer lateral privately owned on-site to hook with one main lat- eral in E1 Bordo Avenue FINDINGS 1. The application as submitted conforms to the applicable zoning and subdivision regulations and is consistent with the 1980 Atascadero General Plan. 2. The application as submitted will not have a - significant adverse effect upon the environment and the preparation of an Environmen- tal Impact Report is not necessary. RECOMMENDATION Based upon the above Findings, the Planning Department recommends: A) Issuance of a Conditional Negative Declaration as follows: 1. Adequate provision shall be made for drainage and erosion control and protection in conjunctionwithsite development. 2. Grading and tree removal shall be minimized during all phases of site development; and, B) Approval of Tentative Parcel Map AT 820917: 2 subject to the fol- lowing conditions: 2 Tentative Parcel Map AT 820917: 2 (Wedco/McCarthy) 1. Sewage disposal shall be made by connection to the community sewer a d a Note so stating shall appear on the Final Map. 2. Water stall be obtained from the Atascadero Mutual Water Com- pany anc water lines shall exist at both parcel frontages prior to filing of the Final Map. A letter from the Water Company indicating they are willing and able to serve the properties shall be submitted to the Planning Department prior tc recordation of the Final Map. 3. All oth r available utilities not already in place shall be extended underground to the frontage of each parcel at the time of building permit. 4. Effort Ehall be made to minimize grading that would be dis- ruptive to the natural topography and removal of existing mature trees. The following shall appear as a Note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appro- priate rermit and compliance with applicable City ordinances. 5. The applicant shall install one fire hydrant of a type and size sp cified by the Fire Department on El Bordo Avenue just west of the most easterly drive proposed by the applicant. Exact location and manner of placement shall be subject to the approval of the Fire Department. A letter from the Fire Departm nt certifying the installation of the hydrant shall be received by the Planning Department prior to the recorda- tion of the Final Map. 6. All pip' line and other easements of record shall be shown on the Final Map. A letter shall be submitted from each utility company indicating the nature and extent of any building re- stricti ns. A Note so stating such restrictions shall appear on the Final Map. 7. Install concrete curb, gutter , sidewalk and street pave-out along the entire property frontage on El Bordo Avenue. Said improvements are to be constructed under an inspection agree- ment and encroachment permit issued by the Public Works Departm nt. a. Im rovement drawings shall be submitted to the Public Works Department for approval. b. An dedications necessary to accommodate required street widths shall be made. C. Im rovement plans shall be accompanied by any drainage plans deemed necessary by the Public Works Department. d. Should the existing street construction on E1 Bordo Ave- nuE prove to be inadequate after investigation by the 3 Ter ative Parcel Map AT -820917: 2 (Wedco/McCarthy) Public - Works Department, street reconstruction shall occur along the property frontage to the centerline of the street under a permit and inspection agreement issued by the Public Works Department. 8. Submit two sets of grading and drainage plans indicating the grade of building pads, flow lines at top of curb, etc. for review and approval by the Planning Department prior to issu- ance of any permits. a. Drainage from site shall not be allowed to flow directly to adjacent properties or across any public sidewalks or driveways. b. All grading shall conform to Appendix Chapter 70 of the Uniform Building Code. Any grading necessary for site development shall be subject to first securing the nec- essary permits. 9. Roof materials for all structures shall be ClasstC rating or better and a Note to that effect shall appear on the Final Map. 10 . All conditions of approval herein specified are to be com- plied with prior to filing of the Final Map. 11. Approval of this Tentative Parcel Map shall expire two years from the date of this approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 12. A Final Map in compliance with all conditions set forth here- in shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordi- nance prior to recordation: a. Monuments shall be set at all new property corners and a registered civil engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation, unless certification is received that corners are already monumented. b. A Final Title Policy (CLTA or ALTA) shall be submitted for review in conjunction with the processing of the Final Map. 4 Tentative Parcel Map AT 820917: 2 (Wedco/McCarthy) ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and set conditions. TO DENY: Mot on setting findings for denial. REPORT PREPARED Y: FRED BUSS Aciate Planner t REPORT APPROVED Y: LAWRENCE STEVENS Planning Director ps 5 L £L CA1,f1r10 _REAL YAZ a2 +I a: tom` tAS LOMAS .4 VZ. !-- j�° It A \ \\ V ti�2 y .. / O4 1ti advg a , w and �y otic: a�sr ti�� U o aIN y ZZ ^ m Ni a e �N p�� � a '� � � � a •� a � M E M 0 RA N U M TO CITY MANAGER November 2, 1982 FROM: PLANNING DIRECTOR SUBJECT: TENT TIVE PARCEL MAP AT 820917:1 LOCATION: 4785 Traffic Way (Portion of Block N) APPLICANT: Franc Sciechi`tano/Steven Pascel (Twin Cities Engineering) REQUEST: To a low air-space condominium subdivision of an existing indu trial building. -0n November 1, 1982, the Planning Commission conducted a public hear- ing on the subject matter unanimously authorizing (Commissioner Lilley stepped down due to a possible conflict of interest) approval of the Tentative Map subject to Conditions '1-5 as set forth in the attached Staff Report. The Commission discussed the matter only briefly. Frank Scicchitan , applicant, appeared and indicated his concurrence with the recommendation. No one else appeared on the matter . LAWRENCE STEVENSU RAY WARDEN Planning Directo C ty Manager PS 0? 1 ® 1 CITY OF ATASCADERO := 1979 Planning Department November 1, 1982 STAFF REPORT SUBJECT: TENTATIVE PARCEL, MAP AT 820917:1 LOCATION: 4785 Traffic Way (Portion of Block N) APPLICANT: Frank Scicchitano/Steven Pascel (Twin Cities Engineering) REQUEST: To allow air-space ;condominium subdivision of an existing industrialbuilding. BACKGROUND 1. Existing Zoning: M-1 (Light Industrial) 2. General Plan: Industrial 3. Environmental Determination: The Planning Director has determined • the project to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) . 4. Site Conditions: The site is developed with an existing 7020 square foot block industrial building. Required street improve- ments are in, including curb, gutter and street pave-out. ' The area between the curb and building is completely paved. The structure was built under a County building permit that was com- pleted on June 16, 1978 : The approved plan required '13 parking spaces to be placed on the site. The building is currently occu- pied by several businesses.` Private fenced-in unpaved areas for each business are located behind each unit. The building contains four units. The building has a private on-site septic disposal `system with the tank and ,leach field located at the north end of the structure. The site currently has no landscaping. A full size standard fire hydrant is located on the northern corner of the property.' 5. Project Description: The applicant requests permission to ; allow air-space subdivision of his existing industrial building. This would create four condominium units on the site. Each unit would be owned independently of the others. The remaining portion of the lot not under the building, including the parking area and outdoor storage areas, would be under common ownership. _ Each storage area would be for the exclusive use of the unit owner. The applicant intends to create 14 ,parking spaces on site and landscape as much as ,possible. Tentative Parcel Map -AT 820917:1 (Scicchitano/Parcel) STAFF COMMENTS On October 7, 1982 the Subdivision Review Board met with Mr . Scicchi- tano and his engineer, Steve Youngken. Also attending were: Larry McPherson, Public Works Director ; Chuck Fletcher , Fire Captain; Fred Buss, Associate Planner; and Kami Griffin, Planning Intern. The fol- lowing items were discussed: 1. Inadequacy of submitted plot plan 2. Explanation of condominium type Staff' s basic concern resolved around the on-site parking requirement. The County neverfollowed through by requiring that the parking be striped. Staf also desires to maintain an all-weather sidewalk across the front of the lot. t, FINDINGS 1. The application as modified through conditions that follow con- forms to the applicable zoning and subdivision regulations and is consistent with the 1980 Atascadero General Plan. 2. This project is categorically exempt from the requirements of the California Environmental Quality Act (Class 1) . RECOMMENDATION Based upon the above Findings, the Planning Department recommends ap- proval of Tentative Parcel Map AT 820917 : 1 subject to the following conditions: 1. Submit a sit plan to show conformance with the parking require- ments. Pa king improvements required herein shall be installed prior to rec relation of the Final Map. a. Revise the parking layout to allow approximately fourteen stalls on the site. Parking shall head into the building with thE exception of three stalls on each end of the build- ing he ding into the end property lines. Parking shall not be permitted in front of any overhead doors. Wheel stops shall te required for each parking stall. Parking shall not be allowed to interfere with the swing-arc of any man-doors. b. The sept is tank and leach field at the north end of the buildinc shall be shown on the site plan. Paving and parking shall not be permitted on or within five feet of the septic system and a means to prevent parking in that area shall be provided. 2 Tentative Parcel Map ,AT 820917:1 (Scicchitano/Pascel) 2. The applicant shall establish Conditions, Covenants, and Restric- tions (CC&Rs) for the regulation of land use and control of 40 nuisances. a. These CC&Rs shall be submitted to and approved by the City Attorney and Planning Department prior to approval of the Final Map. b. These CC&Rs shall be administered by a Condominium Owners' Association. 3. All conditions of approval herein specified shall be complied with prior to the filing of the Final Map. 4. Approval of this Tentative Map shall expire two years from the date of this approval unless an extension of time is granted pur- suant to a written request prior to the expiration date. 5. A Final Map in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. A recently updated preliminary title report shall be submit- ted for review in conjunction with processing of the Final Map. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: G� � FRED BUSS Associate Planner REPORT APPROVED BY. LAWRENCE STEVENS Planning Director Fs 3 1 V 14 f�/L a 4A)-Fic wAY 2 , Flo s 10 65 = r I5 1;819 I ' r 4g +t 212 r 13 0 S / -Tzi114�9'87�63,4�3 �j U � 8 I � 10 IS OV s 4• � 6 �t\1 16 I� 1 1A .4 t1�`1 2 I 77 11 .1 `• �. t 5 22'" 6 5 If 3 v 22 Q 7 g L I � 2 -- � ----C� ,t 4 13 •�� � Y1-• ?. 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Q. 0 1L a_ t 01 4 . laevo° - 0 a C 0 ` x x— "Oe r,• S G3 30 W 160.0 W M E M- 0 R A N D U TO CITY MANAC.ER November 2, 1982 FROM: PLANNING EIRECTOR < SUBJECT: ACCE TANCE OF PARCEL MAP AT 820311:1 (AT 82-45) LOCATION: 1160E Cenegal (Lot 1, Block 59) APPLICANT: John White (Twin Cities) On June 14, 1982 the City Council approved Tentative Parcel Map AT 820311:1 subdiv'ding ' 49 acres into four parcels, subject to certain conditions and ir concurrence with the recommendation of the Planning Commission. • The zoning is A -B-V-5 and the General Plan designation is Suburban Single Family R sidential. Staff review has determined that all con- ditions of approval have been met. On November 1, 1982 the Planning Commission revie ed the matter and recommended acceptance of the Final Map. LAWRENCE STEVENS MURRAY L. WARDEN Planning Director City Manager I III ps _ ° w M //2'l�ararP 2024A,a'/R2 8/665` i� it mow,,,. �7 �` A - icvp� �Cj : T h t �T`3� NS> �,rs aa'� ` '�O `, a c•k- ra s_ v G. ��.� p _p�� � 3L. -3 (� - a fit.. - -''id ' t7 •' �+ ,' - 'r—s �\ �p � x$�°G�f,14Z6glGo l .v a. • A� �yz\ x'�� r-' �'�r /� !: �. "P � '�� �' a /• �t���, (tea\(.� {.,'� k .. " 00 iA� YNA9,77 W _ t'�jt � 4� :` 4:• ,� R 3 c -: '.` 5"�� a•' A.�.r +p 'Se.� � 'V` "• '..•\`4���\���/t�� •I� �f i� �,`� �� iv ---- P;4 CR4N •� �� ��- � �"• � \ � �`r NT.. °tfG r O�=' fig^ �.V� +�41�a >� �k*a� Ya`�- � � � � � '<g ttt �O '� s` �+ ,. t,p � R•a p,z� "`i�� � ,�-�' s''���2,�? f_ � � 4� ,�'��j ? 'y'��i `e coq° 9�;,�,,r �_.•� 9• f _ Z (,.,_2\S �� c� `��I.may. _'t � g '�,. ii "•t�j - r t _ RS ,.; 4" k" uf .° vpcs.N sC\\� AV— Woo r N �•�J �, ��� ��,r:. f gl At OSJpN�.. Qr� nViNT ARM �s '; / ''� h � �` r tom: ✓ 3 �w,� ���^��'� 90 F x t "N o to Ci �m IMP m.C" a.. s� .'Dt► ? g #- T \t "Z 6 z c9�0 aS c9 t,y��. N �f"� - iS� W' R� t �. i' "x t s v. �.� � K �Q "a���� ��x.,c•�-�-c's sr_ � o�N� � 'c� �� �� ..�� ` �.LDiI . r"r t.Q\ �"X ._W w6� --5�o p,� kv ..: a"-.. h •\1•(L fs- 't `T - 4t „ A s„ �A a '•t S' a RS jy.yr TS,-7U 'Y 5 w+- f� �` ts Y xY�� � � (raj I Y� f�` .b.�zK r''�� �#�..,y� �� :✓tea,• •'��' �F � �# s r ��'` � ` � t..s w � � � c rte. q� O• r� ',.; Q It ^,wa•.r�ria,. id aw+ a xM J s' r z+'r s. ,�A n �` t Si ISS q�oc�� o��jRai 1.� �0 -. •. ,k�.1-4_Q' O R c M E M O R A N D U M TO: CITY MANAGER November 2, 1982 FROM: PLANNING DIRECTOR SUBJECT: ACCE TANCE OF PARCEL MAP AT 820309 :1 (AT 82-46) LOCATION: 9600 Laurel Road/10570 San Marcos (Lot 18, Block 30) APPLICANT: FrAni Atkinson (Twin Cities) On June 14, 1982 the City Council approved_ tentative Parcel Map AT 820309: 1 dividi g 54: acres into four parcels, subject to certain con- ditions and in c ncurrence with the recommendation of the Planning Commission. The zoning is A- -B-V-5 and the General Plan designation is Suburban Single Family R sidential. Staff review has determined that all con- ditions of appro al have been met. On November 1, 1982 the Planning Commission revie ' ed the matter and recommended` final acceptance `of the Parcel Map. LAWRENCE `STEVENS MURRAY L. WARDEN Planning Director City Manager Ps � u r z t $ITE ,Ct ' x i `}, '�" a ♦ ' ..r O ',fig-' C' "moi-: � � - � •�� i'^ ',� -�^� �a�-�z�,«,:'� �mx��`'s.��' �' a pn C�lls'fj S,s �� ��' a g� fit.•. '� �*' �' ..�:a-,� �.''�' .a�- r ZVA47 -Ell � 4a�x /�'/;��Sao Q?q✓�` {/�irp.. /�P/'l' _a-s .. t wt. �s �„-_ �-zaa. �""€�' / .moi ♦ � 7` '♦'-, R �j ate°.. , '�-. �'o�?� �../�/' ,., r�. ✓'9/��w , j .b� let 'j�U�\I}. �° -,,, "?•�j s �6\v,� x -��;- ��o�'4f,�� ,;" 4- ��![rs� � : ' 'I•�� *y.€ y '�•`�,- ,may �..`qua: w �.sa /S :. �/�` 3:/�v f��t ` -... .3,- vy.-$ •.;�� r rr,�ry s.�.e,& um Nf -1, ` ' �.♦� �/ +� � �'� �'����.,, £'A '�' '+. �'-` »•'�, � ��""+,•���lj\ i f�}���� ��s,lamas 'A, �`'� gyreso 0 6 ocres ,e 1, 3t1 °4813~ '+�- a 46 .. w op 1, pd ,' ,F�//5,8'L� �,�---- � .�. �� �' ��� tJ1Q=222�� _�•,.x ,� ��• 93° lvl =8 g 2g72 = �A� 251// _�`; X74889 G-� �l �f(q� a(�a{/J�+ R seg'for/rrreonty ,,q an/telJ/j ,Q) b ti coi /%� � �/')z` )tC Ir v ,� ly� L (i. .',�sv'F��Ah,. � p�6,y � '�'�lJrr��l��..,aSG/ ,a _.` t.�•V I;•� :L is�y" �; 98 H,w PARCE ° rrrrea�s dre +� <. _'� rg `� � � X102 Duos', ��`�� �� � K;�„��e -�...��i �Uggco`fe�r�rr�e � �•�° 5 ?0' �•� ,� '� ��...#=}fes/��f 8©6/9 �� � �'�,� �_ �� �� :tyE • � ,� r� r♦ s•:•��',crt,.i.,3c�er"��+i x«'e,�.•. t' ,�. �^.r�� y. ;.� � "#�'':'S „ -. N "+'- '�� ,�,I a'ns�nY`_�+". 160'rtsf.. ,y5458G1cwI �4 PAftCEt ,;:% _ "ter'�rEt ,Elw F;�••�__. ----- ` k+?005 L5f3`0` x ,34 acres; . � - 810�! m873.90 156550 rt4 - ` N, e " ` g' 2a 1 N1,fS9524'd? MR, CX` t/ e� _ 2� f '•6'9 .- .rc-•k� ' .-'~ '`s+ '- `'z `'� ,- ♦ `n�`�' 'a -sxf. .y,'_ fj74a/ - tfiRr a ,mgr v7 �O/ ',d'fArf'/NGSWk Q 2£5 a `W b x # 3s 9s4"� i 4 If/c cer7}e/rne of Urc/ aad osS, OW1714 HiQ/,¢,� /�� art 3AC/,f/3f9 `E=N35' DO'E ` �� moo, d reales sef%,Z'i�.6o- F `� �L� •" ,�'� t.� -.-•.� ��-�. �- '-�`r'�.'N�'�'�- ��°" �� �ofxifes foa�o'��P._,ca��fr�%�ss�f�o"� ria�'rcofescoir ;a°i` r�c'/ 838 "- -/ on :.' s.. .K n�/�iL�.Mr%�.'•t•.`.-::e4.e"'.sas.i.•,r•,iv�.a...s' "�' "' ".-�.. c" M E M0 R' A N D U M TO: CITY MANAGER November 2, 1982 FROM: PLANNING DIRECTOR SUBJECT: LOT LINE ADJUSTMENT LA 820901:1 LOCATION: 9030 and 9034 La Linia` (Ptn. Lot 9, Block 2 ADS Addition) APPLICANT: W.D. & S.S. Tilley/Wayne & Margaret Landrum (Associated Professions) REQUEST: To adjust existing lot line to eliminate "flag,, lot On November 1, M2 the Planning Commission considered the subject matter unanimou ly authorizing approval of the lot line adjustment subject to Condi ions 1-4 as set forth in the attached Staff Report. There was no lis ussion on the matter as it was a Consent Calendar item. LAWRENCE STEVENS MU Y . `WARDEN Planning Directo Ci y M nager Ps l F 7- Or r F r. ^_r^, r. r ,;,� CITY OF ATASCADERO CAI) Planning Department November 1, 1982 , STAFF REPORT SUBJECT LOT LINE ADJUSTMENT LA 820901:1 LOCATIONS 9030 and 9034 La Linia (Ptn. Lot 9, Block 2, ADS Addition) APPLICANT: W.D. & S.S. Tilley/Wayne & Margaret Landrum (Associated Professions) REQUEST: To adjust existing lot line to eliminate "flag" lot BACKGROUND 1. Existing Zoning: R-1-B-2-D (506) 2. General Plan: Moderate Density Single Family Residential 3. Environmental Determination; The Planning Director has determined that the application as presented qualifies as a Class 5 (a) - cate- gorical exemption according to the provisions of the California Environmental Quality Act (CEQA) . 4. Site Conditions: The site is generallylevel and developed with three single family residences; one located on each of the three lots. The three lots were created by a`'County lot split CO 77-14 in 1977. Two of the lots (Parcels >2 and 3) were created as "flag" lots having only -a 20 foot wide strip of land as frontage on the street. Parcel 1 fronts on La Linia Road. At the time the land was parceled, an easement was 'recorded allowing Parcels 1 and 2 to use the 20 foot wide strip of land ("staff of the flag") of Parcel 3 for access and utility easements. This eliminated the need for the "flag" lot configuration of Parcel 2. Subsequently, the lots were developed such that they all accessed off that portion of Parcel 3. ' 5. Project Description: The applicant intends to adjust Parcel 2 eliminating the "flag" configuration. The "staff" portion of the "flag" lot will be added to Parcel 1 and an equivalent amount of land area will be subtracted from Parcel 1 ' and ;added to Parcel 2. No structures, on-site or off-site improvements will be involved. Lot Line Adjustm nt LA 820901:1 (Tilley/Landrum) STAFF COMMENTS On Thursday, Oct ber 7, 1982, the Subdivision Review Board met to re- view the matter ith Ed King and Toby Osgood, the applicants' engin- eer , and Wayne Landrum, one of the applicants. Also present were: Larry McPherson, Public Works Director; Chuck Fletcher , Fire Captain; Fred Buss, Ass ciate Planner; and Kami Griffin, Planning Intern. There were no major items of concern discussed. FINDINGS 1. The application as submitted has been determined to be categori- cally exempt from the requirements of C.E.Q.A. 2. The application as presented conforms with the applicable subdi- vision regul tions. a RECOMMENDATION Based upon the a ove Findings, the Planning Department recommends approval of Lot ine Adjustment LA 820901:1 subject to the following conditions: 1. The lot line adjustment as shown on the map attachment provided herein shall be submitted in a Final Map format to be approved by the Planning Department prior to recordation by the County Record- er' s office. 2. The proposed adjusted lot lines shall be surveyed and monuments set at new property corners prior to recordation of the Final Map. 3. The location of all improvements and easements shall be delineated on the Final Map. 4. Approval of his Lot Line Adjustment shall expire two years from the date of final approval unless a time extension has been granted pursuant to a written request prior to the expiration date. 2 Lot Line Adjustment LA 820901: 1 (Tilley/Landrum) ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: KAMI GRIFFIN Planning Intern REPORT APPROVED BY: 44M0 liktw LAWRENCE STEVENS Planning Director Ps 3 .% I C j 44 �- :J1bCDCA '4 C4 Q Zh FT qy N a 5 N m �c Ol -� CO h N N 0 r W - ' - �' 3 S% f `, � 3 �• N W N 41 NL a \ o °> .wi w � �i � � tv OD w OD y w /� _ >. ti co 0 'j, ti 4. i Ul Fl�r Y jti w `O m ( `/ / N W Gv 0 A .. 4 w OD tD N /Q N N m �T 1N N N 4r N ^ (h CA CD N/ QOD W Ql 'w / O ✓ _ CD — — O SITE MAP Op 9030 g 9034 (-A LI r14 IA � � � V cn Pi-r% Lo-c '9 , E5 Lo c.K 2. / I w N CY i O i (L N OD w "Wfty A-1 ` � I-A \. A < P P - -Z ¢ 4 -14 PA v ZoN L NA(-q t--AAF Zp Q P ` q+3bi9034 LA L� � ,A P a R_A IV O • � 2 m a^N,�Z� T h t C C A C \9 n TAT I a a � � � °, �C U y Gl y m�a��o a n \ M1'Xn w4j A oda° s2> a'• .;4 Ory jlummmomm— -mom— Ph 11 Al MOM STAY 0nA III R. s✓��i �d< \ n�1 a��i�Z�a •� � o a �a 9y E;s+-9 r �. A ���y�N n �„aC• u e a Pip w N NNm N 1 14 /� 3� s fir, N N° wa N W w y ®� QO ti A o a u r • • y 1�L45zc:-Gly r'�AP - w � m m � LA 6'LC�v10�•. ' - ,v° 3 0 o IJ�'P LANE P.0.)Ussr�.NT i a `to 3o�9o3q c...o- uNin. v m rug o ANY i AT�3a 0 1 In wit V flit Cf� a C Zvi �� AIS -mac � r ti MEM' ORANDU'M TO CITY MANAGER November 2, 1982 "HOM': PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT U820917:2 LOCATION: 9'3QO E1 Bordo ,Avenue (Ptn. Lot 1, Block 7, Eaglet No. 2) APPLICANT: Wedc (Ralph J. McCarthy & Associates) REQUEST: To allow construction of 44 residential units on a parcel containing 2.92 acres. On November 1, 1S82 the Planning Commission conducted a public hearing on the subject m tter unanimously (Commissioner LaPrade stepped down due to a possible conflict of interest) authorizing a Conditional Negative Declaration and approving the 44 unit ,apartment project sub- ject to Conditions 1-21 as set forth in the attached Staff Report, with the followi g revisions: - Modify Con, ition #5 to require three 'trash storage areas - Modify Condition #13 to add "Existing solid fencing in good condition nay be used to satisfy these requirements." Modify Condition #16a toread "Approximately 66 spaces. . . . " rather tha "A minimum of 66 spaces. . . . " The Commission discussed each of the approved revisions briefly. Ralph McCarthy, applicant' s architect, and Wally Dunn, applicant, indicated their concurrence with the Staff recommendation. They did request clarification of several condition's. The following person also appeared and commented on the matter: PatDaniel, ' nearby property owner', expressed concern about the density in the area and the resulting increases in traffic. No one else appeared on the matter . LAWRENCE STEVENS *RRAL. WARDEN 61 Planning Director nager Ps - . � nrr .. rV Ri r" ' r. „,� \ CITY OF ATASCADERO xsxs Q xs7s Planning Department November 1, 1982 STAFF REPORT SUBJECT: CONDITIONAL USE PERMIT U820917: 2 LOCATION: 9300 E1 Bordo Avenue (Ptn. Lot 1, Block 7, Eaglet No. 2) APPLICANT: Wedco (Ralph J. McCarthy & Associates) REQUEST: To allow construction of 44 residential units on a parcel containing 2.92 acres. BACKGROUND 1. Existing Zoning: R-4-B-2-D (506) 2. General Plan: High Density Multiple Family Residential (16-dwell- ing unitsper acre maximum density) ' 3. Environmental Determination: An initial study environmental de- • scription form has been completed for the project. The Planning Director has prepared a Draft Conditional ' Negative Declaration indicating the project will not have a significant adverse effect upon the environment if certain mitigation measures are incorpo- rated into the project. 4. Site Conditions: The site consists of four parcels containing 3.42 acres of land. There are three houses on the south-westerly end of the site as well as' a hay barn and numerous other small, dilapidated structures on the central portion of the site. There are several trees on the site including oaks and elms. The open areas are in :natural' grasses with dirt driveways. The lot slopes from the northern corner down to the southern corner at approxi- mately a 3% grade. 5. Project Description: The applicant proposes to construct 44 mul- tiple family residential units on 2.92 acres of land' (15 .07 dwell- ing units per acre) . The 44 units will be contained in eleven two-story buildings. Proposed are 20 "A” units (one bedroom) of 674 square feet each (three of which will be handicapped access- ible); 18 "B" units (two bedroom) of 806 square feet each; and 6 "C"': units (three bedroom) of 946 square feet each. Parking will be provided at a ratio of 1.5 spaces per dwelling unit (66 ` pro- vided - 51 required) and will be located along the private street. Proposed exterior elevations indicate use of wood trim and stucco as basic materials. Colors will be earthtone using a 'beige color for the walls and a dark brown .stain for the wood trim. The win- dows will be anodized aluminum in a matching color. The roof will Conditional Use Permit U820917:2 (Wedco/McCarthy) be of composition shingle. The basic site design is a circular street taking access from E1 Bordo Avenue. The community building containing the community room, laundry, office, mail boxes, rest- rooms and storage is located inside the semicircular street adja- cent to a recreation field, patio, BBQ and two of the residential structures. An additional small recreation field is also located along the middle of the southeast property line. Two trash en- closures are proposed along the private street. The plan indi- cates that most of the 20 plus trees will be retained. The appli- cant also indicates the possibility of -connecting the 0. 5 acre site to the project at some future date. The proposed design is such that additional parking area and eight dwelling units could be easily added. This entire project site is located inside Sewer Improvement District No. 1. The applicant has indicated that it is his intention to apply to the Farmers Home Administration to finance this project as moderate or low income housing. STAFF COMMENTS Staff reviewed this project and found it to be generally acceptable except for a few minor revisions. Two trash enclosures will need to be added to the plan to provide adequate trash storage area. One street light will be required at the intersection of Las Lomas Avenue and El Bordo Avenue. A fire hydrant will be required on E1 Bordo just west of the easterly entrance to the project. FINDINGS 1. This project conforms to the applicable zoning regulations and is consistent with the 1980 Atascadero General Plan. 2. The project will not have a significant adverse effect upon the environment and the preparation of an Environmental Impact Report is not necessary. 3. Streets in the vicinity of the proposed project are adequate to carry the quantity and kind of traffic generated. 4. The proposed use will have no adverse effect on abutting property or the permitted use thereof provided all conditions are complied with. 5. The establishment and conduct of the proposed multiple family res- idential use for which the Conditional Use Permit is sought will not be detrimental to the public welfare or be injurious to prop- erty or improvements in the neighborhood. 2 Conditional Use Permit U820917: 2 (Wedco/McCarthy) RECOMMENDATION Based upon the above Findings, the Planning Department recommends: A) Issuance of a Conditional Negative Declaration as follows: 1. Adequte provision shall be made for drainage and erosion control and protection in conjunction with site development. 2. Grading and tree removal shall be minimized during all phases of site development; and, B) Approval of Conditional Use Permit U820917: 2 subject to the fol- lowing conditions: 1. Site development including buildings, driveways, parking, landscaping and other features shall be consistent with plans submitted including modifications required herein. 2. Submit two copies of detailed landscape and irrigation plans indicating size, type and spacing of plant materials proposed for review and approval by the Planning Department prior to issuance of building permits. a. Raised concrete curbs or similar shall border each planter area. b. Plant materials shall be sized to achieve a mature ap- pearance within three years. C. The type of irrigation system shall depend upon the type of plant materials used and their watering needs. d. Effort shall be made to retain all existing trees on the site. The applicant shall review any proposed tree re- movals with the Planning Department and may be required to make minor revisions to retain those trees. Protec- tive measures for all trees retained shall be reviewed with the Planning Department for adequacy. 3. In the event that archeological resources are discovered on the subject site during construction of this project, said resources are to remain undisturbed after discovery and con- struction activity shall cease immediately. The Planning Department is to be notified so that proper disposition of the resources may be accomplished. Construction may resume only upon authorization by the Planning Department. 4. Building architecture shall be consistent with the elevations submitted. a. Roof-mounted mechanical equipment shall not be permitted since it cannot be adequately screened from public right-of-way or adjacent property. 3 Conditional Use Permit U820917: 2 (Wedco/McCarthy) b. Roof materials for all structures shall be Class C rat- ing or better . 5. Provision shall be made for four paved and enclosed trash storage areas in locations approved by the Planning Department. 6. One street light of a type and size specified by the Public Works D partment shall be installed at the intersection of Las Loma3 Avenue and E1 Bordo Avenue with the exact location to be a proved by the Public Works Department. Installation shall ,be accomplished under an inspection agreement and en- croachme t permit issued by the Public Works Department. 7 . One fire hydrant of a size and type specified by the Fire Department shall be installed just west of the easterly en- trance to the project. Exact location and manner of place- ment shall be subject to the approval of the Fire Department. A letter from the Fire Department certifying the installation of the hydrant shall be received by the Planning Department prior to recordation of the Final Map. 8. A demolition or relocation permit shall be obtained prior to removal or demolition of any existing buildings. (Note: It is suggested that the applicant contact the Atascadero Fire Department if the buildings are to be demolished since they could be used for practice drills. ) 9. The project shall be connected to community water . Submit evidence from Atascader Mutual Water Company indicating they are willing and able to provide service prior to issuance of permits. 10 . The project shall be connected to community sewer. Obtain a sewer connection permit from the Public Works Department in conjunction with issuance of permits. 11. All new utilities and utility connections shall be placed underground. 12. Outdoor lighting fixtures shall be designed to minimize on- site and off-site glare. Lighting shall be placed to allow apartment numbers to be readily identified and to illuminate pathways and parking areas. 13. Six foot high solid fencing, of a type and design approved by the Plan ing Department, shall be provided along the north- east, s utheast, and southwest property lines, except that said fen ing shall be reduced to three feet in height or may be eliminated within 25 feet of public rights-of-way. 14. On-site signing shall be limited to an aggregate area of 20 square feet and shall not exceed the height of the buildings unless a Departmental Review allowing these limits to be ex- ceeded is secured. 4 Conditional Use Permit U820917: 2 (Wedco/McCarthy) 15. Submit two sets of grading and drainage plans indicating grade of building pads, flow lines at top of curb, etc. for review and approval by the Planning Department prior to issu- ance of any permits. a. Drainage from the site shall not be allowed to flow directly to adjacent properties or across any public sidewalks or driveways. b. All grading shall conform to Appendix Chapter 70 of the Uniform Building Code. Any grading necessary for site development shall be subject to first securing necessary permits. 16 . Parking shall be provided generally as shown on plans submit- ted. Parking and access areas shall be paved with a minimum 2" AC on adequate base. Spaces shall be striped and provided with wheel stops or approved functional equivalent. a. A minimum of 66 spaces shall be provided 1s shown on plans. Spaces are to be nine by twenty feet. At least three spaces shall be provided for the handicapped with dimensions to be fourteen by twenty feet. One Nandi- capped space shall be provided adjacent to each of the three handicapped accessible apartments. b. Spaces may be reduced to 17 feet in depth with the side- walks correspondingly widened by three feet to eliminate the need for wheel stops. C. The centerline of the westerly driveway shall be aligned with the centerline of Las Lomas Avenue. 17. Install concrete curb, gutter and sidewalk and street pave- out _ along_ _ the _ entire_ property frontage_of El Bordo_Avenue-- -- --- - including the 0.50 acre parcel adjacent to this site owned by the applicant. Said improvements are to be constructed under an inspection agreement and encroachment permit issued by the Public Works Department. a. Improvement drawings shall be submitted to the Public Works Department for approval. b. Any dedications necessary to accommodate required street widths shall be made. C. Improvement plans shall be accompanied by any drainage plans deemed necessary by the Public Works Department. d. Should the existing street construction on E1 Bordo Ave- nue prove to be inadequate after investigation by the Public Works Department, street reconstruction shall occur along the property frontage to the centerline of the street under a permit and inspection agreement issued by the Public Works Department. 5 Conditional Use Permit U820917: 2 (Wedco/McCarthy) 18. No building permits shall be issued until Parcel Map AT 820917: 2 merging the existing parcels is recorded. 19 . The "future development" of the adjacent 0. 5 acre parcel is not part of this approval and will require separate zoning approval. 20. All conditions of approval established herein shall be com- plied with prior to occupancy. 21. This Conditional Use Permit approval is granted for a maximum period of one year from the date of final approval, unless an extension is granted by the Planning Department pursuant to a written request filed a minimum of ten days prior to the expiration date. ACTION The Planning Com ission should, by motion, direct Staff as deemed appropriate. TO APPROVE: Motion to adopt Findings and set conditions. TO DENY: Motion setting Findings for denial. REPORT PREPARED BY: /ssociate BUSSAPlanner REPORT APPROVED B LAWRENCE STEVENS Planning Director Ps 6 110'` 11 IA ,` \115 124 � 12S 23� % 12� 12�a 126 _ 27a '1?$ 165 13 129 D 1.3112. 163 164 161 2 i 9 10 160 5 158 28 7 158 '?c a 6 t" 3C4 i 15- 120 2 A4 145 560 3E T' 8 24 g /! 23 4 4 6 ° 0 � v 31 11 3 14g r4. 20 ( J3 2 22 S 3 j3b s 'o9Q 9 2e 32 re i rj 2 2+3 /4 J 6 P; 33 7 J 16 2 6 !s 6 r q ,� , a' 'T / 1 20 39 /5 / Q V 3 / 54 1 / 10 2 \$ ' 2s d 13g/ 2 Ib 2 .5"15 3y 7 s; '1 5 4 /36 39 r 7 5 6 4 \C. c 1313/35/3 rb' /3 7 8 0 J 4 / 34 t G ,5 27 M �o 9 1 g 6 1 r , 260 2818 `L 29 -32 10 17 5 2 i 161 17 6 5a !3 iia l,gyp 31 12 -- - 6 11 5 8 7 _ 3 1 t4 +6 10 7; 6 4 1 1 - �" IS :� a I0 \ 8 5 4 3 r2 ',� 4 3 l\ 8 9 ft i0 ? 22 10a A 2 - q 10 p to It qJ2 6 t! 3a34 / I 12-. / C / I o s/TE LOGAT/Oit/ -2 ..3 7 13 '/ r 0 4 6 (il P� O 9/ 7 i 52 1 o N .4' g 38 532.: 54 55 1 19 �E✓ 5 7 4 / Lo7-/, 84eca- 17 = 4 5g 2223 37 .3o_1f(o1- /8� �`�l3-O 3 6 ; Sc 3 60/ 5 ` 36 3 Ib c7(�/ 30 C,9 79 / 1 j ? 30 26 35 �`� 8 34 8 �f 53 / X37 , 38 i 1 0 9 \33 ��,<'_,5 4 /51 50 49 34 40 u 10 x Pi �� 5 5 �8 4 .t SR TAS 12 I I .al 45 . 42 1 14 30 g 46 a1 29 19 10 4 ;- 1 �8 It 20 21 12 \ 2J I w 5 `` ! 4� s R�� z • � Al ry P1 r- G � IP ,71 -� Zo,v.w G. ut..dq/7:.. (Ptleocv) 9300 Cc. 8a"o /9vEauE \\ L.mT /, $Lott 7, ,CAXZXT 'E-L 3U- 4V -- /p, /9, 2 0 L` J k � '( �-.►-�. •� � v v � � 1111 � P 3� it K 'Ar oz o CD i I � f'i&'LL �.�:) Lam• i T •{_�� 'w {�ti�� 7L .Y`j`}�i ..,'� � III .� `r 3,1}x,., a•. r ., ".� �`..�,t� �, a' i � ' ��is • ?il� oo I J i 11 I I; !7,1 --_._..._. � �1� III a4• � . I�� iJ�l � "�) ilk _ ... f I� �l '� •� f << it +r. �- — ( 42 P � t• i L -+St!•n•",4�•.� \�.� ,,, it !- 9 or 7 III 'n �' �•§!r`,w`: Y is. ,P Y .IF'a+t5 • � , ' ,fit—1— r' -- 3 ILI fa ' d 1 F e foil • 4 flt v � �li;; x � � � -lam �• � � x t 1 0%0 a „ �_ w g, to I ZZ pit nl 77 ;�-�^^- i Fly ' a l �,� ►_.c.a _71 -_t j,....}�, r _(Gill � � '` ISS' { _ `_i`•. tit l j Win, .;1 �:► r$ ;�� fir; , �� nl 1 1I � I s r f MEMORAN_.DUM ' 7a jrffgz . T0: Murry 4tmv�� FROM: Larr McPherson` SUBJECT: Acceptance of a Grant of 'Easement The road mprovements for -Mrs.' Leins property ;at the corner of Arcade and Cas ada have been completed as per approved plans. Curb, gutter, sidewa k, crossgutter and paveout were; a requirement of a Departmental R view which allowed a `residence to be converted to a commercial use 1 We have a `ked for and received a Grant of Easement from:the-Leins, dedicating the 'land that lies under the sidewalk at the curb return for public use Before the document can be recorded, City Council must accept thEt proposed dedication. Attached 's a diagram showing the affected portion of their property, and i legal description describing the same. aCE McPHE SON - - - -- LM•vh 10-20-82 fJ��S Co R vets YAie IU" C'.tt,n Vetz � fLNGt�R. ✓f Y'2, �rtT E'�t2I 4—"' / rr T3 H t1 Pte_ dT- so7%'i—q-" systxvol F CITY OF ATASCAD.ERO UNION,. IR!% , DEPARTMENT OF PUBLIC WORKS 1918 �! 1 9 _ d ---- -Gf1GQtF'• A 1' G---U for u b 0 �7 `� a Imo_ L oT J 2 DEDI CA TION f � pAD C A S G A'O'A t/ ALLEY 4 j2 t.3 e 4 vy O V 1 / ol EL C19MINQ REP L REVISIONS Date DRAWN: CHECKED: APPROVED: DATE: ROBERT J.WILKINS,JR. CITY ATTORNEY MAYOR •i ;-,y ' S y„ A t C? : ta�47•'✓ C D © . 749 WILLIAM H.STOVER i`s��„��-��J ATA SCADERO. CA 93423 MAYOR PRO-TEMPORE ' _ (805) 466.5678 GEORGE P. HIGHLAND �•\•-._�- `Yy ` _ INCORPORATED JULY 2, 1979 MARJORIE S. MACKEY w-(�':_ POLICE DEPARTMENT ROLfE NELSON ., (805) 466.8600 ADMINISTRATION BUILDING - f MURRAY L.WARCEN POST OFFICE BOX 747 CITY MANAGER/CLERK ATASCADERO, CALIFORNIA 93423 FIRE DEPARTMENT • 6005 LEWIS AVENUE PHONE (805) 466.8000 ATASC.ADERO. CA 93422 (805) 466-2141 GRANT OF EASEMENT FOR STREET AND SIDEWALK PURPOSES FOR A VALUABLE CONSIDERATION, "receipt of which is hereby acknowledged, the undersigned does/do grant to the City of Atascadero, in the County of San Luis Obispo, State of California, an easement and a right-of-wa for streets and sidewalks and the rightto construct, maintain, ope ate, repair, replace, or remove a street or sidewalk and appurtenant structures in, upon, over, and across that certain real property situated in the City of Atascadero, County of SAn Luis Obispo, State of California, and more. particularly described as follows : A portion of Lot 12, Block 1, Map of Eaglet Number 1 in the City of Atascadero, State of California, accorking to ma foled in Map Book of Page 25, records of San Luis Obispo County, State of California and more particularly . described as follows : ommencing at the northwesterly corner of said Lot 12, thence soui.t easterly alung -the no theist-- rly `line thereof South 31020 ' West 27. 201 ; thence long a curved line concave southerly having a adius of 25 feet through a central angle of 4° 49 ' 30" a distance of 41. 38 feet to a point on he northwesterly line of said lot 12 ; thence along he northwesterly line thereof North 53° 50130" West (North 53° 50 ' 30" West record) a distance of 27 . 20 feet to the point of beginning. -1- together with the right to enter upon and to pass and repass over and along said easement for the purpose of utilizing the grant of easement for its stated purposes . WITNESS hand this �'` day of ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO� ss : / n this day of 19Z before me, , a Notary Public in and for the said County of San Luis Obispo, State of California, residing therein, duly commissioned and sworn, personally appeared sL��' �. ��' personall known to me to be the person (s) whose name (s) subscribed to the with instrument, and duly acknowledged to me that has executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the County of San Luis Obispo, the day and- year -in -this certificate -first above wri :ten. NOTARY-PUBLIC in an for e County of San Luis Obispo, Statof California My commission expires : eFFj �Cat `THOMAS SCOTT RQHtF NOTARY PUULIC.CALt MWiA "INOPAL 047Ct IN . SAN LUIS OMAD COUtjt' �� �rfcmmis:ian fxp ieb.2Z, t925 -2- R / M E M0 R A N D' U M 1 - - - � TO: Murray &.-04 FROM: Larry Mc herson SUBJECT: Claim foi State Transit Assistance Funds. i Attached ple se find the claim form for the City's share of State Transit Assistance Funds as allowed by recent changes in the State Act. Also included is fesolution No. 53-82 showing Council approval of this request.: The amount o $674.00 shown in the claim is the City's share of these state funds based on a percentage of last year's operating revenues compared with the rest of the transit operators within the state. Beginning iin fiscal year 19E2/83 70% of all Transit Assistance Funds are to be allocated to counties based on population, while 30% of these funds are allocated to trap it operators based on operating revenues for last,year. While the funds allocated on a percentage of revenue cannot be claimed by another transit a ency,these funds must still be claimed- through the Area Council just as other transit funds received by the City. These funds ere proposed to be used to pay for increased operating costs for the Dia -A-Ride System. ENCE McPHERSO LM:vh 11-1-82 RESOLUTION NO. 53-82 A RESOLUTION OF THE CITY OF ATASCADERO AUTHORIZING THE FILING OF A CLAIM FOR STATE TRANSIT ASSISTANCE FUNDS IN COMPLIANCE WITH THE TRANSPORTATION DEVELOPMENT ACT WHEREAS, Articles 4 and 8 of Chapter 4.;of the Public Utilities Code, require claims for operating funds to be filed with the transportation ~planning agency by local transportation operators; and WHEREAS,. the City of Atascadera is eligible for transportation funds as provided in Chapter 4 of the Public Utilities Code; and WHEREAS, the San Luis Obispo County Council of Governments is de- signated transportation planning agency for San Luis Obispo County. NOW, THEREFORE, BE IT RESOLVED that the Council of Atascadero does hereby authorize the filing of a claim for State Transit Assistance funds ` in the amount of '$674-.00 for fiscal year 1982-83. The claim form is attached hereto marked Exhibit A and by reference thereof made a part hereof. On motion by Councilman and seconded by Councilman the: foregoing resolution is hereby adopted in its entirety on the following roll call vote AYES: NOES: • ABSENT: ROLFE NELSON, Mayor ATTEST:` BARBARA NORRIS, City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: /s/ Murray L. Warden MURRAY L. 'WARDEN, City Manager t CLAIM FOR STATE TRANSIT ASSISTANCE FUNDS (Claim Number) TO: San Luis Obispo County Area Council of Governments 2156 Sierra Way San Luis Obispo, CA. 93401 FROM: Claimant: CITY OF ATASCADERO Address: 6500 PALMA AVENUE, P.O. BOX 747 City: ATASCADERO, CA Zip Code: 93423 Contact Person: LARRY McPHERSON Telephone No: 466-8000 This clai.ant', qualified pursuant to Section 99203 of the Public Utilities Code, hereby requests, in accordance with Chapter 1400, Statutes of 1971 , as amended al applicabla rules and regulations, that an allocation be made in the amount of $ 674.00 for the fiscal year 1982 - 1983 to be drawn from the State Tra sit Assistance Fund of the 'San Luis Obispo County Area Council of Governmen s for the following purposes and in the following respective amounts a: described in the attached claim form. (Claimant) By: MURRAY L. WARDEN Title: CITY MANAGER Date: Approved By San Luis Obispo County Area Council of Governments: By: Title: Date: SL000G-TDA--l2/81 ra 5 H ` , r STATfi TRANSUl' ASSISTANCE (STA) CLAIM FORM Briefly describe all proposed projects and indicate proposed expen- ditures for the ensuing fiscal year. Project Title and Brief Description Purpose* Amount Atascadero Dial-A-Ride Includes all cost related to $674.00 Transportation System operation of the City's Dial- A-Ride system (Article 4, Section 99260a) �t 1) Total claim for STA Funds $ 674.00 2) Identify purpose for claim (a) The operating cost of the operator's public transportation system (CAC, Sectio: 6730a) . b. The capital requirements of the operator's public transportation system (CAC, Section 6730b) . C. Payment to an entity under contract with the city or county (CAC, Section 6731b) Identify appropriate Article and Section of the Act. ms6Ei 5 N UIS 013i".I`0 C�'_�U . 1'Y /�11�_ r{.�rUy� � rams i Aiascaderc Grover O Morro Bay City COUNCIL ,� Paso Robles Pismo Beach 0 V E R 1"NM E�^ T S San Luis Obispo San Luis Obispo County ADOPTED POLICY SUB ECT TO VERIFICATION BY THE AREA COUNCIL OF GOVERNMENTS I SUBJECT: IRIORITIES FOR STATE TRANSIT ASSISTANCE FUND DISTRIBUTION The San Luis Obispo County Area Council of Governments on September 2, 1982, adopted the following process and priorities for State Transit Assistance Fund Disbursements. All claims will be solicited and evaluated based on a four tiered process: 1. Compliance with the required state findings pursuant to Sections 6754 and 6755 of the California Administrative Code: L Priority consideration for all -claims will be based on California Administrative Code, Section 6754: a. cffsetting unanticipated increases in the cost of fuel b. enhancing existing public transportation services C. meeting the high priority regional countywide or areawide jpublic transportation needs { d. offset reductions in federal operating assistance 2. Apportionment of State Transit Assistance funds to eligible transit operators, as required by Section 99314 of the California Public Utilities es Code. 3. Following notification of available funds, and receipt of applications by the Area Council, apportion State Transit Assistance funds to regional transit operators to: a. fund increased costs of operating existing regional transit systems b. fund the local share of federal grants for the replacement or purchase of new transit vehicles for existing or proposed regional transit systems. 4. The remaining funds shall be apportioned to all local agencies i according to the ratio that their population bears to the total regional population (using the same population data used to allocate the Transportation Development Act Local Transportation funds) . Each 1 cal agency shall use the State Transit Assistance funds to finance its transportation systems, according to laws, rules, and regulations governing State Transit Assistance funds. 19N I �- 2156 SIERRA WAY SAN LUIS OBISPO, CA 93408 805/549-5710 .. ti SAN LUIS OBISPO COUNTY AREA Arroyo Grande Atascadero Grover City U'UNUIL OF Morro Bay Paso Robles Pismo Beach CGOVEHINMEINJTS San Luis Obispo San Luis Obispo County RECEIVED 1982 DATE: OCTOBER 8, 1982 TO: TRANSIT OPERATORS ELIBIBLE FOR STATE TRANSIT ASSISTANCE UNDER PUBLIC UTILITIES CODE (PUC) SECTION 99314 (NORTH COASTAL TRANSIT AUTHORITY) (MORRO BAY TRANSIT) (ATASCADERO CITY TRANSIT) (SOUTH COAST AREA TRANSIT) SUBJECT: CLAIMS FOR STATE TRANSIT ASSISTANCE FUNDS FOR FISCAL YEAR 1982/83 The State Transit Assistance (STA) Program has been funded for two additional years with several modifications, at both the state and the regional levels. This letter is to inform you of the changes and to solicit your applications for funds. Additionally, the city of Paso Robles is returning a bus to the Area Council used for the Paso Robles and Templeton Areas Transit System (PATTSY) . The bus will be disposed - of through the STA process, using the same priorities. Background State Transit Assistance (STA) funds are derived from a portion of the retail sales tax. These funds, created because of the large amount of sales tax on gasoline collected, are programmed for transportation purposes rather than placed in the state general fund. Originally created in 1979, the new legislation (SB-1335/AB-2551) has made several significant changes. These are: 1. In prior years, STA funds were allocated one-half by total 1 population and one-half by urbanized population. Beginning in i 1982/83, 70% of the funds are to be allocated by population, and 30% of the funds are to be allocated based upon the revenues ` received by transit operators for the prior fiscal year. The funds allocated to regional entities (including the Area Council) on the basis of operator revenues are to be allocated by the regional entities to the operators on the same basis (see Section 4 below) . i 2156 SIERRA WAY SAN LUIS OBISPO, CA 93408 805/549-5710 —� Transit Operators October 8, 1982 Page 2 2. The total statewide allocation estimate for 1982/83 is $90,000,000. The 981/82 total allocation for California was $65,212.234. For San Luis Obispo County, the allocation increases from $214,137 for 1981/82 to a projected $430,134 for 1982/83. 3. As n ted above (in item 1) funds are partially apportioned to the coup y/regional level based on the operator revenues collected by (TDA) Article 4 claimants and Joint Power Agencies providing general transit services. Consequently, San Luis Obispo County's shar2 should increase slightly later this year when SLO Transit is offi ially designated an "operator" (own their own buses) and when the 3tate includes Morro Bay to Cambria (SLOCAT) revenues (ini iated after the initial state apportionment was adopted) . Thesa two actions could increase our apportionment by aper ximately $20,000. 4. Four transit"operators" (as identified by the most current State Cont oller Annual Report) get an "off-the-top" apportionment; these are• City of Atascadero $ 674 City of Morro Bay 1,994 North Coastal Transit 7,619 SCAT 6,105 These funds are based on the systems` share of the statewide transit revenue (including a basic minimum) . There is still a requirement to maintain the same level of support from Transportation Development Act Funds as existed in the prior year. 5. The iemaining funds ($413,742) are available for the Area Council - to distribute to the cities and the county for transit and/or stre is and roads. However, Section 99314.3(d) still requires the Area Council: to give priority to offsetting reductions in federal oper ting assistance, unanticipated increases in the cost of fuel, to e hance existing public transportation services, and to meet high-priority regional, countywide, or areawide public trap portation needs. At the Se tember 2, 1982, Area Council meeting, the Area Council modified the policies for distribution of State Transit Assistance funds. A draft of the amended policy is attached. Claim Submittal Your agency is eligible to claim, for transit purposes, the amount of STA (PUC Section 99314) funds as shown above in paragraph 4. You must submit a claim (attached) , and comply with all of the findings required • F Transit Operators October 8, 1982 Page 3 by the State Transit Assistance Program in order to receive these funds. Your agency will be eligible to receive additional STA funds as described in paragraph 5 above. If there are any questions or problems, please contact myself or Vic Kamhi at 549-5710. Sincerely yours, RONALD DECARLI Administrative Planner cl7g Attachment • M_E_M_O_R-A_N_D U_M TO City Council FROM: City Manager SUBJECT: Request for rent stabilization ordinance DATE: November 3 1982 This item is on the agenda at the request of the Mobilehome Residents Ass ciation of Atascadero. The issue is a complicated one for which nany questions remain unanswered. Of particular concern is the legality of a Council imposing a stabilization ordinance. Proponents of the process assert that an ordinance has been tested by the Courts. However , our City Attorney` ad- vises that, to his knowledge, only Superior Court jurisdictions have acted in any of these matters and that the legality issue will not be determined until in Appellate Court has acted on a pending case. Aside from the legalities, there is a` necessity for careful draftsmanship in whatever ordinance is recommended and this will take some time. Because of the nature of this request, it is suggested that the Council bear all views, pro and con, and if upon conclusion of hearing these views, the Council wishes to pursue the issue further, then you should direct Staff to do the necessary re- search and .to prepare draft implementing documents. IRRAY .I WARDEN ADMINISTRATION BUILDING POST OFFICE BOX 747 ATASCADERO,CALIFORNIA 93423 PHONE: (805) 466-8000 CITY COUNCIL - CITY CLERK CITY TREASURER CIT DEPARTMENT INCORPORATED JULY 2. 1979 FIN ,. PERSONNAL DEPARTMENT PLANNING DEPARTMENT PUBLTC'WORKS DEPARTMENT - FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE `.ATASCADERO,CALIFORNIA 93422 ...�►» ` .PHONE .(805) 466-2141 i REPORT OF THE CITY ATTORNEY For the Council Meeting of November 8, 1982 No. 22 1. RECENT 'DECISIONS OF INTEREST a. Ordinancc Banning Signs on Public Property Struck Down The U.S. .A. 9th has struck down a Los Angeles city ordinance that banned signs on public property, ruling that the ban violated the First Am ndment. The ordinance banned the posting of signs or hand bills on public property, including lamp posts, hydrants, trees, bridges, railroad trestles, drinking fountains, and all forms of wire poles. P group that wanted to put temporary election campaignposters on utility pole cross-wires challenged the ordinance under the First Amendment . The court said that less drastic means, should be used with respect to cleaning up the area or aesthetics. The court said that some specific prohibitions might be constitutional, "but we cannot conclude that all those set forth in the present ordinance are. (Taxpaye s for Vincent v. City; of Los Angeles, U.SC.A. 9th, July 30, 1982.) b. _Expirati n of Master Lease for Trailer Park Located on Public Property The C.A. 2nd has held that trailer park residents were not entitled to relocation assistance when the master lease on the publicly-owned park expired, because termination of the lease did not constitute acquisition for a public use within the meaning of.the California Relocati n Assistance Law`. (Stephens v. Perry, C.A. 2nd, Aug. 4, . 1982.) REPORT OF THE CITY ATTORNEY No. 22 - Page 2 c. Court Clarifies Exemption for Intelligence Information The California Supreme ;Court has held that the exemption for "intelli- gence information" in the California Public Records Act bars disclosure of information-contained 'in police, intelligence files that might iden- tify confidential dentifyconfidential sources or individuals'mentioned there or that was supplied in confidence by the original source. (ACLU v. Deukmejian,, Cal.Sup.Ct., Sept. 27, 1982.) d. Workers' Compensation was Exclusive Remedy The C.A. 1st has held that workers' compensation was the exclusive remedy for a man who sought damages for the wrongful death of his daughters after he shot and killed them after he went insane ,as a result of his job. Thecourt held that no exceptions to the general rule applied., (Salin v. Pacific Gas & Electric, C.A. 1st, ;Sept. 30, 1982.) e. Department Erred in Denying Liquor License Application The C.A. 4th has held that it was an abuse of discretion for the De- partment of Alcoholic Beverage Control to deny an off-premises liquor license application absent a finding of a police problem or undue con- centration. (Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board`, C.A. 4th, Oct. 5, 1982.) f.. Environmental Law: Standing The U.SC.A. 9th has held that a plaintiff lacked ,standing,to maintain a suit to stop unauthorized spending under the Federal Water Pollution Control Act, because the funds in question had been spent by the time the trial court ruled on motions for summary judgment. (Gonzales v. Gorsuch, ~U.S.C.A. 9th, Sept. 28, 1982.) g. Prejudgment Interest on City License Tax Refunds The-C.A.' 2nd has directed the City of Los Angeles to pay prejudgment interest on business license tax 'refunds. (ITT G lfillan, Inc. y. City of Los Angeles, C.A. 2nd, Sept. 22, 1982.) h. Weight Ordinance Invalid as Applied to Rock Company The C.A. lst has held that a San Leandro municipal truck weight ordi- nance was invalid as applied to a quarry operation The basis for the court's ruling was that there was no reasonable alternative truck route to be used in getting from the quarry to outside and that the ordinance; was an unconstitutional exercise of the police power. (San Leandro Rock Company v. City of San Leandro, C.A. lst,' Sept.. 22, 1982.) i . Los Angeles County's Licensing of Escort Bureaus Valid The C.A. 2nd has held that a Los Angeles County ordinance requiring escort bureaus to be licensed was a valid exercise of the county's • police power and was not unconstitutional The court rejected the REPORT OF THE CI Y ATTORNEY No. 22 - Page 3 defendant 's right to privacy argument, finding that the ordinance regulated an essentially commercial relationship. (People v. Katrinak, C.A. 2nd, Sept. 27, 1982.) j. County Subject to Suit for Denying Voting Rights The C.A. 5th has held that statutory authorization is not required to sue a public entity to recover damages for denying the right to vote. The court found that the "state constitutional right to vote is contained in a self-executing provision, which a governmental entity may not violate without standing accountable for any provable damages.' The court found Govt Code § 820.2 immunity did not apply. The court found that the county clerk was performing a "ministerial" function when he acted to prevent the plaintiff from voting, and that the 820.2 immunity applies only to policy-making functions. (Fenton v. Grove and Community Services District, C.A. 5th, Sept. 15, 1982. ) k. City Solicitation Ordinance Preempted by State Laws The C.A. lst has held that a city ordinance prohibiting loitering for the purp se of soliciting an act of prostitution was an attempt to regulate criminal sexual conduct and was thus preempted by state laws. (Gates v. Municipal Court (People) , C.A. lst, Aug. 25, 1982.) 1. Anti-Billboard Ordinance Declared Unconstitutional The California Supreme Court, acting on a remand from the U.S. Supreme Court, has declared unconstitutional a San Diego ordinance banning off-site billboards. The difficulty with the ordinance, the courts found, was that it combined regulations and prohibitions with respect to comme . ial and noncommercial signs. This is the latest in the long path of litigation in this case and the fight over the banning of all signs. (Metromedia, Inc. v. City of San Diego, Cal.Sup.Ct. , Aug. 30, 1982.) m. Trespass Remedy Denied in Noise Abatement Case The California Supreme Court has denied a trespass remedy in a noise abatement case, but remanded the matter to determine whether a cause of action existed in nuisance. The problem was the noise made by a steel company which operated on a 24-hours-per-day basis and upset the nearby residents. The court attempted to distinguish between trespass cases and nuisance cases, and said that all intangible intrusions, such as noise, odor, or light alone, are dealt with as nuisance cases, and not as trespass, except where the noise or vibra- tion results in actual physical damage or the deposit of particulate matter upon the plaintiff's property. (Wilson v. Interlake Steel Company, al.Sup.Ct. , Aug. 30, 1982. ) n. City Did Not Unlawfully Deny Use Permit Application The C.A. 5th has held that a drive-in theater owner was not entitled to damages for the precondemnation denial of his application for a REPORT OF THE CITY ATTORNEY No. 22 - Page 4 use permit. The Redevelopment Agency was involved in this case and the facts are pertinent. (Redevelopment Agency of the City of Concord v. Contra Costa Theatre, Inc. , C.A. lst, Aug. 17, 1982.) o. County's Ordinance Banning Rental Discrimination Upheld The C.A. lst has upheld a county ordinance banning rental housing dis- crimination on the ground that it was not preempted by state law and was not unconstitutional. (San Jose Country Club Apartments v. County of Santa Clara, C.A. 1st, July 20, 1982.) p. Conformed Copy of Judgement Sufficient Notification of Entry The C.A. 2nd has held that a conformed copy of a judgment was suffi- cient notification of its entry under CCP S 659. Thus, the court denied a motion for new trial after judgment because the notice was filed too late. (Tri-County Elevator Company, Inc. v. Superior Court (Dell) , C.A. 2nd, Aug. 23, 1982. ) q. EIR: Findings Inadequate The C.A. 4th has held that an Environmental Impact Report (EIR) pre- pared in connection with a proposed urban development in Orange County was adequate, but that the findings of the County Board of Supervisors based on the report were not. (Village Lagunay. Board of Supervisors (Aliso Viejo) , C.A. 4th, Aug. 12, 1982.) r. Rent Control Valid The C.A. 2nd has held that the Los Angeles rent control ordinance was intended to apply to duplexes, but remanded the case to the trial court to determine whether it denied equal protection to duplex owners by excluding from regulation two single-family units on a single lot. s. General Revenue Taxes Not Within Prop 13 The-California Supreme Court has ruled that a San Francisco tax increase used to supplement general revenues is not a "special tax" within the meaning of article XIIIA of the state constitution and, therefore, the tax need not be approved by two-thirds of the electorate. Funda- mentally, the amount of revenue raised by the city was on the basis of a payroll tax on businesses operating within the city and proceeds went to general revenue. (San Francisco v. Farrell, Cal.Sup.Ct. , Aug. 5, 1982.) t. Maintenance District Assessments Limited by Article XIIIA The C.A. lst has held that a special assessment imposed by the City of San Jose to fund a maintenance district was subject to the 1% ad valorem property tax limitation set out in. article XIIIA of the state constitution. (City of San Jose v. South (In re Maintenance District No. 5A) , C.A. 1st, Oct. 6, 1982.) REPORT OF THE CITY ATTORNEY No. 22 - Page 5 u. County Irmune From Suit for Acts of Police Discretion The C.A. 3rd has held that a county was immune from suit for the dis- cretionary acts of police officers called upon to intervene in a dis- pute. The officers intervened in a dispute between adjacent landowners harvesting crops. They ordered one party to leave the property "upon the threat of arrest." The court held that the officers were immune from liability under Govt Code § 820.2, which provides that a public employee is not liable for injury resulting from his act or omission "where the act or omission was the result of the exercise of discre- tion vested in him, whether or not such discretion be abused." (Watts v. County of Sacramento, C.A. 3rd, Oct. 1, 1982.) v. San Francisco Handgun Ban Invalidated The C.A. 1st has struck down the San Francisco handgun ordinance on the ground that it was a licensing measure in conflict with the state law. The court found that the ordinance was preempted by Penal Code § 12026 and Govt Code § 53071 relating to guns. (Doe v. City and County of San Francisco, C.A. 1st, Oct. 13, 1982.) w. County Required to Collect Flood Control Assessments The C.A. 3rd has held that article XIIIA, section 1 of the state con- stitution did not relieve a county of its statutory duty to collect a special assessment on behalf of a flood control district. (American River Flood Control District v. Sayre, C.A. 3rd, Oct. 6, 1982.) 2. PENDING LITIGATION a. City of Atascadero v. Kathleen E. Daly, et al. No further word has been received with respect to the possibility of a hearing being granted by the Supreme Court on its own motion in this case. b. AtascaderD Police Officers Association, et al. v. City of Atascadero, et al. At the request of plaintiffs, this litigation has been dismissed with- out prejudice. C. Jerry Lar ison, et al. v. City of Atascadero, et al. While this case was filed in the San Luis Obispo County Superior Court on Sept. 29, 1982, to date no notice of any hearing set by the court has been received. 3. PROSECUTIONS a. People v. Don Brimage This is a pending prosecution for violation of zoning regulations and the Building Code for the premises at 8900 La Linia. The trial of REPORT OF THE CITY ATTORNEY No. 22 - Page 6 the matter has been continued, with pretrial setting to be held on Jan. 7, 1983, in order to allow the defendant an opportunity to pro- cess applications with the City for consideration of corrective action. b. People v. Richard Russell This was a prosecution for violation of Municipal Code S 19.08.010, tree removal without a permit, and § 19.08.050, grading without a per- mit. Defendant pleaded no contest and was sentenced a fine of $250 and p 'obation for one year. Respectfully ubmitted, f: t ALLEN GRIMES City Attorney AG:fr M E M O RAN D U M TO: City Council FROM: City Manager SUBJECT: Sewer ees DATE: Novemb r 3, 1982 The attachel memo is a result of Staff discussion and analy- sis" of, the f e schedule developed by the County concerning the sewer fees esta lished to pay for the new sewer plant.; The fees, as originally p oposed, generally follow a formula approved by Farmers Home kdministration and the Environmental Protection Agency. Subsequent ro the adoption of the sewer fee ordinance, churches raised the issue as to the equity of the fee as applied to them. Mr . McPherson has looked into the issue and has come to the conclusion that adjustments in that area are appropriate '-be- cause of usage as well as because of some erroneous information used indeveloping the grant application. The adjustment will not materially affect the overallrevenuesgenerated through the fees and, therefore, should not impact on our ability to repay the FmHA loan. Ultimately, we should look at> a different way of assessing these charges and I would commend your consideration of ,the rec- ommendations advanced by the Public Works Director. I concur with his memo. RAY . WARDS MN LW•a M E M O R A N D U M TO: Murray FROM:, Larry McPherson SUBJECT: Recommendations Concerning Sewer Rates Pursuant to my review of the sewer rates .approved by the adoption of Ordinance 54,; I would propose the following revisions to those rates as shown in the Ordinance and as suggested by the approved revenue program for the Atascadero CountySanitation District. ` Revise the,monthly sewer rate for churches and meeting halls from $92.10 for a) Less than 150 seats - $15.00 b) 150 to 250 seats 25.00 c) Over 250 seats 35.00 This recommendation is based on a review of the use projections made in the revenue program and a comprehensive survey sent to the- churches within the sewer servike area. It was apparent from the survey that the average attendance of the churches responding was approximately four times lower than the projections made by the revenue program.` The recommendations made 'above reasonably addresses the actual church/meeting hall attendance • factors as determined by the survey, taking into consideration the size of the facility. " It is recommended that the revisions shown above be implemented immediately, with the understanding that 'further study be made of the possibility of; basing rates for all but residential uses on water use. Using water consumption as a rate basis would require cooperation with Atascadero Mutual Water Company as well as ,complete restructuring of the sewer rates, however, this method is probably the most equitable means of assessing cost responsibility. I would further recommend that the service charges for sewer use be collected by assessment billings in lieu of the mailed billing system now in effect. By making such a change, it is projected that the District could save between $12,000 to $15,000 per year in accounting and billing costs by having the sewer fees collected through the assessment process. The sewer fees would be collected twice a year along with property taxes and would be shown on the property tax bill. This system is also more con- venient to the customer since the payments are made with the tax bill instead of bi-monthly. An additional benefit to the assessment billing process is that the City would not be required to go through the process of collecting delinquent bills each year since all charges would be collected automatically by the County Assessor. Changes in ownership would not necessitate revising the billing, since .the Assessor would collect from the property, not the user. Sewer Rates page two It is recommended that staff pursue this change with the County Assessor's office. I understand the District may be advanced funds to take care of the transition period until the first assessment collections are received. LAWRENCE McPHERSON LM:vh 11-1-82 ME_MORAND_UM TO: City Cou cil FROM: City Manager SUBJECT: Police attendance at school functions DATE: November 3, 1982 Within the last few weeks, School personnel have requested that police officers a present at a variety of school functions including football games, basketball games and dances. The purpose is to pro- vide security and crowd control. In the past, he School, through the Student Body Association, has contracted ith an individual Sheriff reserve officer to provide this service. Th reserve deputy also happened to be a' School em- ployee. The ; res iime rve °deputy attended functions in uniform and was re- imbursed -for his as a private :contractor . He performed his du- ties in the dep ty uniform and used standard deputy equipment.. This individual is retiring and the Sheriff' s Department does not want , to continue this arrangement preferring that the City pick up the func- tion. Accordingly, proposal has been made for the Cit to .� Yt p P y allow in- dividual police officers to contract with the School District or the Student Body Asso iation on an individual basis to attend football games, and dances'. The officers, while being paid directly by the School or the Sch of Association, would utilize City uniforms and po- lice equipment as needed to perform these tasks: There are sev ral factors for consideration. In some cities, po- lice officers ace allowed to contract for these services and utilize the City equipment. Others do not permit the practice in order to avoid exposure to additional liability or workers compensation claims. Under current State law, Government Code Section; 4850 , public safety personnel including fire and police, are entitled to up to a full year ' s pay at full salary in the event of an injury arising from the performance _ of their duty. These compensationprovisions do not apply to other em oyees, but were specifically legislated for safety personnel. Addi 'ionally, they are entitled to, if unable to continue to perform public safety duties, a rehabilitation training program or disability retir Ment. All funded` by the City. The costs associated with these entitl ments range from , payment of full salary and benefits to a life-time retirement tax exempt retirement pay - a potential of several hundred thousand dollars. Because of the special provisions of workers compen ation as ,applied to police officers, the City is fully liable ` fo their actions and any injuries if they are wearing City uniform and 'quipment even though they may be employed and paid directly , by the - School or any other person or agency using them as private contractoes. A liability may exist for the City even though Memorandum - Police at school functions the officer is off duty if it can be shown that he was peforming, even though indirectly, as a City police officer. Because of the potential cost and liabilty exposure for the City, risk managers advocate mini- mizing these exposures to the greatestpossible extent and, `where pos- sible, that the beneficiary of these services enter into an arrange- ment which avoids the City costs or at least shares, them. This is the general position taken by our excess coverage insurance carrier. In discussing this situation, a viewpoint has been expressed that School functions should .' be considered as community functions in the same way, for example, as the Colony Days parade or 4th of July . func- tions in the park. This viewpoint concludes, therefore, that the City' s exposure to risk would not be any greater than normal duties and that police should be ;allowed to perform the School functions. There is one significant difference, however . General public access to School functions is limited to a greater degree; particularly, for example, to School dances to which the general public does not attend. Ball games charge- a fee for attendance, unlike 'the `Colony Days or 4th of July celebration and, hence, this entrance charge suggests that these are not community or general public functions. This viewpoint concludes that because of this special nature, the City should not be obligated to assume the exposure to whatever degree of additional risk _there might be. A counter viewpoint suggests that the City -police would have to respond to a disturbance beyond the ability of 'school authorities to control, at a football game or dance, in order to pro- tect the public peace and safety inany event and, therefore, those officers would be exposed ;to additional risk. The difference, how- • 'ever , is that in the latter circumstance, police officers have been assigned by the Police Department to respond to the situation under the full control and jurisdiction of the City and with full knowledge of the risks involved and in discharge of their general public respon- sibility to preserve peace and order. If the Council should consider that the School dances and foot- games- are oot- games are indeed community functions, then perhaps assignment of- ------- officers f- -officers to those functions as is done for Colony Days, etc. , should be considered. In ,that event, it should be recognized that there will be costs because of overtime which would have to be absorbed. Based upon the data available`, it appears that approximately an additional 288 man hours would be required to have police attend the requested functions. Using just the officer's salary plus the retirement at time and one-half, these costs would be approximately $14.76 per hour per officer. If benefits are added to that, the cost would be $17.81 per hour. Neither of these figures consider workers compensation costs under Section 4850 as discussed above. I,f, however , the Council felt providing police was a community service, then you may wish to consider' assigning officers as needed for these tasks and you could pro--rate the cost to the School or Student ; Body Asosciation on the basis of the foregoing figures or you could absorb the costs entirely. If you feel that officers should be allowed to 'contract as indi- viduals, you could authorize the police officers to contract on an hourly basis with the School or Student .Body Association using City uniforms and equipment and with officers performing this duty on their own time as private individuals. The City's responsibility for injury 2 Memorandum - Police at school functions under workers compensation or 'liability would remain. In this a situ- ation, police officers would be acting for their own monetary benefit and would be using City equipment for performance of a contracted ser- vice. Of these alternatives, assigning officers to school functions seems the most forthright. It avoids any appearance of use of City equipment for private benefit, and, if the Council so determines, re- flects a Council judgment that school functions are community affairs. This clearly retains to the City' s its responsibility for the actions, control and use of these officers. If, however , the Council wished to consider these -functions as a community, but special , nature then the City could request reimbursement for salary and benefit costs as noted above. Another alter ative, which is not acceptable to the School, would be to encourage the School to provide its own security using the City police to respond to emergency calls in the same way as any other or- ganization holdi g its own functions. There may be other options and opportunities whi h you may consider . MURRAY L. WARDEN MLW:ad 3 MEMORANDUM TO: City C `uncil FROM: City Manager SUBJECT: Salary resolution DATE: Novemb r 3,_ 1982 The attache3 resolution adopts a 'salary classification sche- dule for the 1982-83 fiscal year. This resolution attempts to bring together those specifics which were changed from the Per- sonnel Rules Mid Regulations as a consequence of salary negotia- tions and the r sulting Memoranda of Understanding'. It is a for- malization and -ecapitulation of those Agreements in the areas .of difference betw en the Rules and Regulations and the Agreements. Recommend your approval. G'1 �. MURRAY 'L L. WARDEN MLW:ad RESOLUTION NO. 52-82 ' RESOLUTION OF THE ATASCADERO CITY COUNCIL ADOPTING A SALARY/CLASSIFICATION SCHEDULE FOR THE 1982-83 FISCAL YEAR The Atascadero City Council resolves as follows: Section 1. The Salary/Classification Plan, attached as Exhibit A, for Fiscal Year 1982/83 is hereby adopted. Section 2. For employees who are not members of a recognized employee association or union and who are not represented by a 'recog- nized bargaining unit, including department heads and the City Mana- ger, the City will implement the following provisions for Fiscal Year 1982-83: a. Pay the employee' s monthly contribution to the Pblic Employ- ees Retirement System (PERS) . b. Pay 'a maximum amount of $38.00 per month for the employee' s premiums for dependent medical and dental coverage; if the employee does not insure dependents or if the employee is without dependents, then `the _$38.00 per month will be applied to the individual' s monthly salary. C. Pay premiums for medical and dental benefits for employees at i the rate and coverage prevailing under the City's current medical and dental '< program as contracted and administered through the Central Coast Cities Self-Insurance Fund. . Section 3. City will; pay a maximum of $150 per month toward life insurance premiums for the City Attorney as a participant in the City' s group_life__insurance ,plan; or, if the Attorney is ineligible because of health or other reasons for such life insurance, then a maximum of _$150 per month shall be; paid to the City Attorney as a car allowance. This shall be in addition to the group life insurance for the City .Attorney authorized by the City Council on 'July 13, 1981. Section 4. The provisions of this Resolution shall be effective as of July 1, 1982. Section 5. Section 9.4.1 of Resolution No. 12-80 , Personnel Rules and Regulations,' Recognized Holidays, shall be amended to add sub- paragraph k. as follows: k. A floating holiday based upon the individual' s birthday to be be taken after the actual birth date and before the indivi- dual' s next birth date. There shall be no accumulation of floating holidays. Section 6. The provisions of Section 9.4. 4, Fire Department Em- • ployees of the Personnel Rules and Regulations adopted' July 14 , 1980, are modified by current Memoranda of Understanding entered into between the City and the respective Fire Bargaining Units. Said Mem- Resolution No. 52-82 - Salary Classification oranda of Understanding have full force and effect, except as may otherwise be specifically excluded, as of July 1, 1982 for Fiscal Year 1982-83. Section 8 . The provisions of Sections 10 .18.1 Fire Department Employees and 10 18. 2 Police Department Employees of the Personnel Rules and Regulations adopted July 14, 1980 , are modified by current Memoranda of Understanding entered into between the City and the re- spective Fire and Police Bargaining Units. Said Memoranda of Under- standing have full force and effect, except as may otherwise be spe- cifically excluded, as of July 1, 1982, for fiscal year 1982-83. Section 9 . Section 10 .18.3 Miscellaneous Employees with refer- ence to overtime shall be amended to read as follows: 10 .18.3 Miscella eous Employees. Employees other than shift per- sonnel in the Police and Fire Departments, excluding Manage- ment employees, on forty hour work week schedules is author- ized fol, time worked in excess of forty hours in a work week schedule consisting of seven consecutive days. Such overtime provisio s shall exclude shift changes and transfers. Over- time pair shall be calculated at the rate of one and one-half times th hourly base rate of pay. All overtime work which is less than a one hour increment in a work shift shall be compensated for in the following manner: . 1 to 15 minutes, overtime compensation 0 16 to 30 minutes, overtime compensation 1/2 hour 31 to 45 minutes, overtime compensation 3/4 hour 46 to 60 minutes, overtime compensation 1 hour Any overtime increments worked over one hour shall be compen- sated as in the above-referenced increments. Compensatory time in lieu of overtime shall be computed at a time and one- half rat of the base salary and shall be granted to employ- ees at the mutual convenience of the Department Head and the employee subject to the accumulation provisions as specified by City Resolution No. 12-80 dated July 14 , 1980 , Personnel Rules and Regulations. Section 10 . It the event any provisions of an adopted Memoranda of Understanding are in conflict with a specific provision of Resolution No. 12-80 , Personnel Rules and Regulations, the specific provisions of the MOU shall prevail. In the event any provisions of this Resolution are in conflict with an MOU, the MOU shall prevail. Section ll. The City shall provide for a deferred compensation plan in which all full time employees are entitled to participate in accordance with eligibility criteria established by the adopted de- ferred compensation plan. On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: 2 Resolution No. 52-82 - Salary Classification AYES: NOES : ADOPTED: ROLFE NELSON, Mayor ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TO FORM: /s/ Allen Grimes ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MURRAY L. WARDEN, City Manager 3 EXHIBIT A CITY OF "ATASCADERO Salary Classification Plan Fiscal Year 1982/83 MONTHLY Base Maximum Range Salary Merit 1 857 .15 942. 87 2 878 . 58 966 . 44 3 900. 01 990. 01 4 921.44 1013.59 5 Clerical _Assistant I , . 942 . 87 1037 . 15 6 966 . 44 1063.08 7 Custodian I '. . . . . . . , . , , , 990, 01 108-9. 01 8 1013. 59 1115. 30 9 Account Clerk /Clerical Assistant II . , , 1037 .15 1140. 87 10 1063. 08 1169, 39 11 Dispatcher Clerk . . . . . , , , , , 1089 . 01 1197 . 91 12 1114 . 94 1226 . 43 13 Maint. Worker /Account Clerk II/Clerical Assistant III , . , , , , 1140,"87 1254 , 95 14 1169 .39 1286. 33 15 1197, 91 1317 . 70 16 1226 .43 1349. 08 17 Maint. Worker I/Bldg, Maint. Worker I/ Engineering Aide/Records & Dispatch Supervisor 1254 . 95 1380.45 18 1286 . 33 1414 . 96 19 City Mgr. Sec. Maint, Worker III/ Recreation Coordinator . . . . . , , , 1317 . 70 1449. 47 20 1349. 08 1483. 98 21 Building Maint Worker II/Maint. Worker IV . , , 1380 .45 1518 .49 22 1414 . 96 1556 .45 23 Firefighter 1449 .47 1594 . 42 24 Senior Enginee ing Technician . . . , , , 1483. 98 1632 , 37 25 1518.49 1670 . 34 26 Bldg. Inspector/Treatment Plant Operator. . , . . 1556 .45 1712 .10 -27 Police Officer Fire Engineer - 1594 .42 1753. 85 28 1632 . 37 1795. 61 29 1670, 34 1837. 37 30 Associate Plan er/Ass' t. Civil Engineer 1712 , 10 1883. 31 31 Chief Treatment Plant Operator . . 1753. 85 1929 , 24 32 Police Sergean /Fire Captain , . . . . , , , , , 1795.61 1975 . 18 33 Chief Building Inspector . . . , , , , 1837 . 37 2021.11 34 Associate Civil Engineer . . . . , . 1883. 31 2071.63 35 1929 . 24 2122 . 16 36 Public Works S perintendent/Plan Check Engr. 1975. 18 2172. 69 37 2021. 11 2223. 22 38 2071 . 63 2278 . 80 39 2122 . 16 2334 . 38 40 2172 ,69 2389 ,96 EXHIBIT A Management Salary Classification Plan Fiscal Year 1982/1983 Range Monthly Salary M-1 Recreation Director. . . . . . . 1953. 00 M-2 2030. 04 M-3 2081. 03 M-4 2133. 11 M-5 2187. 36 M-6 2221. 00 M-7 2299 . 12 _ M-8 2356.62 M-9 2416. 30 M-10 2477. 06 M-11 2538. 90 M-12 Finance Director . . . . . . . . . . . . . . 2601. 83 M-13 Planning Director . . . . . . . . . . . . 2666 . 93 M-14 2734. 20 M-,15 Police Chief/Fire Chief. . . . . . . . . . . 2802 . 56 M-16 2872. 00 'M-17 2943. 61 M-18 3017. 39 M-19 Public Works Director . . , . . . . 3093. 34 M-20 3170. 37 _M-21 3247. 41 ..�"" M-22 3330. 95 M-23 City Manager . . . . . . . . . . . . . . . . 3414 . 50 M-24 3499 . 13 M-25 3587. 01 M-26 3677. 07 _M-27 3768. 21 M-28 3862. 60 `-M-29 3959. 17 4-30 4057. 90 'M-31 4159. 89 _M E M_O_R A N_D U M TO: City C uncil - "FROM• City MFLnager SUBJECT: New ag nda items DATE: Novemb r 3 1982 At the last Council meeting, Councilman Molina wished to as- sure that non-a 'enda" items could not be acted upon without speci ficoapproval of the 'Council. He suggested unanimous approval be required to tak any action on a non-agenda item and wanted a written policy o reflect that desire. Ordinance 1 ), Section 2-1.02, a copy of which is attached, seems to addres3 that concern except that it would allow consid- eration of an u gent matter with the consent of the Council, ap- parently by maj rity vote. In this respect, therefore, it would differ from Cou cilman Molina' s desires, but 'would seem to answer his concern for a written policy. The other a pect of this matter deals with motions to recon- sider a previou3 action.' This is addressed in Ordinance 19 under Section 2-1.12 (1 il) , a copy of which is; attached. If my understanding of Councilman Molina' s concerns is cor- rect, Ordinance No. 19 appears to have established a Council pol- icy with regard to these two items except for the unanimous vote consideration m ntioned ' above. If this ,does not truly meet Council needs, then your direc- tion is necessa y. 01 RAY WARDS MLWad e ORDINANCE NO. 19 AN ORDINANCE OF THE CITY OF ATASCADERO ADDING TITLE 2 TO THE ATASCADERO MUNICIPAL CODE ENTITLED ADMINISTRATION, AND ADDING CHAPTER 1 THERETO RELATING TO COUNCIL PROCEDURE. THE COUNCIL OF THE CITY OF ATASCADERO ORDAINS as follows Section• 1. Chapter 1 of Title 2 is added to the Atascadero Municipal Code to read as follows t TITLE- 2. AD*ZINIST'RATION Chapter 1. Council Procedure he Council shall hold regular meetings in the Rotunda Room, Fourth loor, Administration Building, 6500 Palma Avenue, Atasca dero, 'eve second and fourth Monday evening at 7 :30 p.m. and on such other s, at such other times, as may be designated in an order for a sp cial meeting. A specialmeeting may be ordered in accordance with e provisions of Section 54.956 of the Government Code of the State. ?hen the day for any regular meeting ;of the • Council falls on a le 1 holiday, the meeting shall not be held on such holiday but sha be held at the same hour on the next succeeding day thereafter ich is not a holiday, or at such other time as shall be determined a d noticed by the Council. Section 2-1 .02 . Agenda. Requests for items to appear on th Council agenda shall be presented to the City, Clerk no later than :00 p.m. on the Tuesday preceding: the day of the 'Council meeting. City Clerk shall prepare the agenda of all such matters and cau a copy of such agenda to be made available to each Councilmember the City Manager, the ;City Attorney, and each Department- Hea , by 5:00 p.m. on the Thursday preceding the meeting. The agenda' sha be avail- able to the public in the office of the City Clerk no la r than 12 :00 noon on the Friday preceding the Council -meeting. In the event that regular Councilmeetingsare held on a day other .t n , Monday because of holidaysorother reasons, then the agenda No matters other than those on the agenda shall be finally acted upon by the Council.; provided, however, matters deemed to be emergencies or of an urgent nature by any Councilmember, or by the City Manager, with an explanation of the emergency or urgency stated inopenCouncil meeting, with the consent of the Council, : fr • 19/79 -1- 9 27/79 1/21/8Q 2/16/80 ORDINANCE NO IT may be considered and acted upon by the Council following its consideration of the regular agenda items . \oneotion eti g agenda of the Council shall include a consent which shall consist of routine items . The adoption or all items on the consent calendar shall be accomplished passed on a roll call vote . a) Confirming resolutions . Resolutions confirming the prior action of the Council (action taken at a prior meeting) may be placed on he consent calendar for adoption. The City Clerk shall record e Council vote on the resolution in accordance with the vote take � the Council at the time the original action was taken at the iTeetsg when the matter was considered, debated, and voted upon. (b) Removal of items from consent calendar. The motion to adopt a consent calendar shall not be debatable; provided, how- ever, if any ouncilmemb�.r, or staff member, desires Council dis- cussion or de ate on anyi em of the consent calendar, such item shall be remo ed from the c lendar and thereafter discussed or debated. In such case, the ouncil shall consider the approval or adoption of the consent calendar, as amended, with the removal of such item. Section -1. 04 . Conduct of business : Public meetings . All meetings of the Council shall be open to the public; provided, how ver, when held in conformity with the provisions of Section 54S57 of the Government Code rif the State, the public shall be excl ded from executive sessions held during a Council meeting. At the hour set by on the dayof the scheduled regular meeti g, the Councilmembers , the Cit Manager, the City Attorney, the City Clerk, and such other personnel as have been requested to he present by the City Manager sha 1 take their regular stati ns in the Council Chamber. Section -1 . 05 . Duties of the Mayor : Vice Mayor. The Mayor, or in his absence the Vice Mayor, shall\be the presiding officer and shall assume his place and duties 'as such immediately f llowing his election. He shall preserve strsct order and dec rum at all regular meetings of the Council, sate questions coming before the 'Council , announce its decision o all subjects , and decide all questions of order, subject, however, to an appeal o the Council as a whole, in which event a majori vote shall govern and conclusively determine such question of or r. He shall vote on all questions , and on roll call his name shall be -2- ORDINANCE NO. 19 --c-ord of each particii1ar type of business transa-ated set $' f in paragraphs with proper subheads; provided, however, the Ci Clerk shall be required to make a record only of such busi- ness as was actually passed upon by a vote of the Council and shall of be required to record any remarks of Councilmembers or of any ther person; and provided, further, the City Clerk shall attempt t record the names and addresses of persons addressing the Counci the title of the subject matter to which their remarks related, and whether they spoke in support of or in opposition to such matter. Whenever the Council acts in a quasi-judicial proceeding such as in certain zonin matters and assessment matters , the City Clerk shall compile a summ y of the testimony of the witnesses . Section 2-1 . 11 . Re ding of the minutes . Unless the reading of e minutes of a regular meeting is requested by a Councilmember, such minutes may be approved without reading if the City Clerk has eviously furnished each Council member with a copy thereof. Section 2-1 . 12 . Rules of deba (a) Presiding officer may deb to and vote. The presid- ing officer may move, second, and debate rom the chair, subject only to such limitations of debate as are these rules imposed on all Councilmembers, and shall not be deprived of any of the rights and privileges of a Councilmember by r son of his acting as the presiding officer. (b) Getting the floor: Improper referenc Every Councilmember desiring to speak shall address the ch. ir and, upon recognition by the presiding officer, shall confine hi self or her- self to the question under debate, avoiding all persona ' ties and indecorous language . (c) Interruptions . A Councilmember once recognize shall not be interrupted when speaking unless it shall be to call hi or her to order or as otherwise provided by this section . If a Co cil member, while speaking, shall be called to order, he or she shall cease speaking until the question of order has been determined and, if in ereler, he er she- shall be per-mittod tQ proceed (d) Motions to reconsider. A motion to reconsider any action taken by the Council at a regular meeting may be made only on the day such action was taken or at the next succeeding adjourned or regular meeting. Such a motion shall be -made by one of the prevailing side but may be seconded by any Councilmember and may be made at any time. It shall be debatable . Nothing in this sec- tion shall be construed to prevent any Councilmember from making or remaking the same or another motion at a subsequent meeting of the Council . -4- i MEMORANDUM TO: Murray /7� FROM: Larry McPherson SUBJECT: Stop Sign on Monita at San Gabriel The Traffic Committee recommends Council approve placing a stop sign on Momita at the intersection of San Gabriel. Monita fors a T"intersection with San Gabriel and carries a substantial amount of traffic. Monita forms the main access point to 3-F Meadows. it is the apinion of the Traffic Committeethat the traffic volumes on both Monita and San Gabriel as well as the approach • speeds on San Gabriel warrant the consideration of a` stop sign at this locati0 ENCE McPHER ON LM:vh 11-1-82 cc: Police Chie Planning Di ector' E. Revisions to the Financial Element Recommendation Consider recommended revisions and public testimony and schedule ` for adoption. CONSENT AGENDA These items are expected to be routine and noncontroversial. They will be acted upon by the Area Council in one action. If any person requests an item be removed from the Consent Agenda, it will be addressed at the end .of all other scheduled agenda items. 4. Consideration of the revised` 1'ark and Ride Report. Recommendation -Approve the priority list for Park-and-Ride lots and incorporate the list into the Regional Transportation Plan. 5. Consideration of an updated Annual:Transit Operators Questionnaire for fiscal year 1981/82. Recommendation Information item only. 6. Consideration of the Final Report on Transit Marketing Strategies` for San Luis Obispo County. Recommendation Review and comment on attached recommendations and approve for distribution to the transit operators for their use, 7. Consideration of the San 'Luis Obispo City Multimodal Transit Terminal Study. Recommendation- 1. Accept the San Luis Obispo City Multi-Modal Transit Terminal Initial Study, and approve its distribution. ' 2. Request comments from San Luis Obispo City and Caltrans for inclusion in the TransitDevelopment Program. 8. Consideration and resolution on the matter of the intention to change the name and continue for another year as members of the San Luis Obispo County and Cities`Planning Coordinating Council. Recommendation. . Approve the attached resolution changing the name of the Area g g Council formalizing the intent of member governments to continue its operation for fiscal year 1982/83. 9. Cons deration of the Ratification for State Transit Assistance Fund disbursements as revised by the Area Council on September 2, 1982. Reco endation - Rati y Attachment A "Priorities for the disbursement of State Tran it Assistance Funds". 10. Cons deration of the 1982/83 Local Transportation Fund claim for the ity of Arroyo Grande. Recommendation a. Find claim in conformity with the Regional Transportation Plan and the findings of the Unmet Needs Hearings. b. Authorize the President to sign the resolution allocating $182,170 in Local Transportation Funds to the city. 11. Consideration of the County Auditor report on Local Transportation Fund and State Transit Assistance Fund activity for the 1981/82 fiscal year. Recommendation Receive and file. 12. Consideration of Caltrans proposed rescission of the Freeway deCliLration on State Route 166. Recommendation No comment. Freeway construction on this segment does not seem likely, nor does it appear needed in the Regional Transportation Plar_ 13. Consideration of the 1982/83 Local Transportation Fund claim for the Gity of San Luis Obispo. RecoTimendation a. Find claim in conformity with the Regional Transportation Plan and the findings of the Unmet Needs Hearings. b. Authorize the President to sign the resolution allcoating $535,700 in LTF to the City of San Luis Obispo subject to the noted conditions. ANNOUNCEMENTS NEXT MEETING Schedule next meeting of the San Luis Obispo County Area Council of Gove nments for adoption of the Regional Transportation Plan 1982 Update. msE15 I AGENDA ATASC DERO CITY COUNCIL Regular Meetin October 25, 19 2 7:,30 p.m. Atascadero Adm ni.stration Building Call to Order Pledge of Alle dance Invocation / P / � /V1DWtilAr ���A �d �YnL�rn Roll Call t I Public Comment oNt- City Council 'C mments A CONSENT SENT C LEN DAR NOTICE TO THE PUBLIC i All matterE listed under Item A, Consent Calendar', are considered to be routinE and will be enacted by,one motion in the form listed below. There vill be no separate discussion of these items. If. dis- cussion is req fired, 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 adjourned regular' meeting of October 9, 1982 (RECOMMEND APPROVAL) f 2. Minutes of the regular meeting of October 11 1982 (RECOMMEND APPRO AL)ltM`,,,ot,. 64Xy0511 3. Tentative Parcel Map AT 820712:1, 9755 San Marcos Road,' Rod Idler (Mitchell) to allow subdivision of a 7.8 acre parcel into three parcels ,(RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 4. .Tentative Parcel Map AT 820811:1, 8710 Old Santa Rosa Road, :L J. Baldwin '(McGillis) to allow division of 2.1 acres into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM MEN DA ION) 5. Tentative Parcel Map AT 820713:1, 3675 Ardilla, Vera Hand (Stewart) to divide 10. 21 acres into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 6. Lot Line Adjustment LA 810629:1,; 5635 & 5665 Bajada/5370 & 5374 Barrenda, Robert Newdoll (Stewart) , to extend the time allowed to complete requirements for an approved lot line adjustment (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM MENDA ION) , 7. Acceptance of Parcel Map AT 820312:1, 8950-9100 San Marcos Road, Colleene Yeager (Twin Cities) (RECOMMEND APPROVAL OF , PLANNING COMMISSION RECOMMENDATION) AGENDA- - ATASCADERO CITY COUNCIL - OCTOBER 25, 1982 8. Acceptance of Parcel Map AT 810430:1, 2205 San Fernando, to Edith -Hessick (Stewart) (RECOMMEND APPROVAL OF PLANNING`COM MISSION RECOMMENDATION) 9. Annual Review of Departmental Review R810811:1 and R820513:1 7315 El Camino Real (Adobe Plaza) Bob Lawrence dba: "Star Station 101" (RECOMMEND APPROVAL OF PLANNING COMMISSION REC- OMMENDATION) 10. General Plan Conformity Report, Southeast Corner of San Luis ' Avenue and Curbaril, State of California, Department of, Transportation, to determine the conformity of a proposed park-and-ride lot with the General Plan (RECOMMEND APPROVAL' OF PLANNING COMMISSIONRECOMMENDATION) 11. Business License for "Shamrock Card Parlor" , <7381 E1 Camino Real (Adobe Plaza) , Bruce Valentine and Jack Glasby, to es- tablish a card room consisting of three tables (RECOMMEND APPROVAL OF STAFF RECOMMENDATION) ( 12. Claim of Frances K. Stafford, on behalf of Alan Julian, for damages (RECOMMEND DENIAL) B. HEARINGS, APPEARANCES AND REPORTS S `�, None .;�i UNFINISHED BUSINESS 1. Resolution No. 49-82 denying Prezoning 2810119:1 filed by Donald Rochelle for a prezone from Agriculture to zoning dis- tricts (s)' for Residential, Commercial, and Industrial Devel- opment on approximately 109 acres located adjacent to Highway ppd� 101 near Santa Cruz `Road beyond the Northerly City limits ' � ` • 2. -Resolution No. 50-82 specifying findings in denying the ap- plication of Kelly Gearhart for a solid waste disposal permit at ,3. Fee Committee - Councilman Mackey D EW BUSINESS i 1. Dial-A-Ride service levels p '2. Resolution No. 51-82 setting an appropriation limit for fis- cal period . July 1, 1981 through June 30, 1982 and fiscal period July 1, 1982 through June 30, 1983 j a Consideration of General Plan Amendments/Cycle l (1983) 4. Consideration of request of the City of Roseville to adopt a resolution opposing the merger of the Union Pacific, Wester Pacific and Missouri Pacific Railroads i 2 AGENDA - ATASCA ERO CITY COUNCIL - OCTOBER 25 , 1982 5. Jaycees request for use of Administration Building basement for Ha loween program E. ATASCADERO UNTY SANITATION DISTRICT Nothing F. INDIVIDUAL DETERMINATION AND/OR ACTION// 1. City C uncil may. 1'�ar tiljA+�'p`font to Nti0*1 2. City A torneyton" 3. City C erk 4. City T easu erhnni 5. City M nage 3 _ _ f MINUTES - ATAS' ADERO CITY COUNCIL Adjourned Regular Meeting October 9, 198 Atascadero Administration Building The meeti g was called to order at 9: 00 a.m, by Mayor Nelson. PRESENT: Councilmen Mackey, Molina, Stover, Wilkins and Mayor Nelson ABSENT:• None Mayor -Nel on stated that the meeting was called for the purpose of having a st dy session on the various items listed on the agenda. 1. City lerk Barbara Norris, City Clerk, commented that indexing the Minutes had not been completed when she took; office She also noted that the Deputy needed to be available to the public for more than three hours per day. She referred to a list of statutory duties, noting that Ordinance No. 48 did not include all of them. Mrs. Norris felt that the Clerk' s Office should handle claims filed against the city. Mr. Warder commented that he was under the impression that the indexing of Mi Utes had been agreed to by Mrs Norris and=Ardith Davis. He stated that normally indexing did not take very much time to accomplish. He was of the opinion that typing of Minutes or other typinc duties could be done while the Deputy was perform- ing PBX duties He also stated that to his knowledge all: statutory duties were being done or had been transferred to the City Clerk' s Office: Mr" GrimeF stated that in many cities the Clerk' s Office does much more than statutory duties and the offices are always available to the public. He noted that when he was City Attorney as a full- time employee ly other cities, his office was responsible for all claims. Howev r, this city is a member of a JPA for insurance and the JPA attorn y handles the claims. He stated that he is kept aware of the claims and that the city' s legal interests in claims matters are being handled properly. Comments ere heard from Ed Halliday, Maxine Halliday and Tom McNamara. Council discussed this matter at considerable length. The majority of thE Council decided not to take any action now and to reevaluate the matter in three months. MINUTES - "ATASCADERO CITY COUNCIL OCTOBER 9, 1982 ' 2. Committees a. Police Department Location Committee Lon Allen and Judy, Young were selected to be on the committee. Mr. Grimes stated that this committee should be ad hoc. Council'_agreed that police location and renovation of the Veteran' s Building should be addressed together and that the committee should come back with recommendations and alternatives. b. Zoo Committee Mayor Nelson stated that CouncilmanMackey 'should be respon- sible for handling selections and establishment of the zoo committee. This will be a sub-committee of Parks Advisory Board and they will decide on the number of committee members. .= C. Fee Committee Councilman Mackey stated that a very critical matter concerned the fees established for the new. sewer treatment plant. Mr. Warden noted that the Public Works Director was looking into this matter • and would be returning to Council with an evaluation of these fees in the near future: Councilman Mackey suggested that businessmen be on a` committee to look at all fees. Mayor Nelson stated that Council will consider the matter at a later date and suggested that Councilman Mackey bring back a definite, committee structure and tasks for it to consider. d. Emergency Preparedness Mr. Warden noted that ;present police and fire procedures- identify local, state, and federal resources available to handle emergency situations beyond the capabilities of the city depart- ments. e. Energy Committee Councilman Mackey is to look into the possible organization and tasks for this committee. RECESS 10 : 31 a.m. RECONVENED 10:38 a.m. _2_ iMINUTES - ATAS ADERO CITY COUNCIL - OCTOBER 9, 1982 3. Information Strategies The following information strategies were suggested by Mayor Nelson: a. A enda Mayor Nel on believed .that the Council should be more involved in the agenda process. Council a reed that Mayor Nelson will continue to be involved in the agenda process. b. I formation Mayor Nelson felt that the Council should become more informed and involved ir problems before they come to the Council at its regular meetin s. He thought that there should be a way for them to do so, perhaps by having department committees or periodic meet- ings- with depa tments . Perhaps councilmen could rotate their departmental c mmittee assignments so that all could become familiar with all aspects of departmental activities . Mr. Grimes noted that any Council direction to departments had to come fr m the Council as a whole, as determined at a regular Council meeting, and through the City Manager, since he is res- ponsible for t e day-to-day administration. Mr. Grimes cautioned against any USE of the commission form of government. Mr. Grimes noted that in some cities the Mayor routinely met with the City Manager to discuss the agenda. Councilman Wilkins thought .it sho id be up to each councilmember to find out inform- ation from eacl department head. Mr. Warden noted that from this viewpoint councilmen should come in and talk over any matter that concerned them as frequently as they needed or wanted. Comments vere heard from Tom McNamara and Ed Halliday. The conse sus of the Council was that there should be no change in proc duce and that the Mayor should act as agenda liaison as he felt necessary. C. C mmunication with the Public Mayor Nelson was of the opinion that Council should find ways to provide morE information to the public, perhaps through a quarterly city report or newsletter. He gave examples of several -3- MINUTES - ATASCADERO CITY COUNCIL - OCTOBER 9, 1982 pamphlets showing what other cities are doing and asked the Council to consider some of them. Council agreed that Mayor Nelson should pursue the matter and find out costs, etc. d. Open House Mayor Nelson suggested a special open house situation such as tours of the Administration Building, speakers, and giving awards Council agreed to host an open house around the first of the year. The meeting adjourned at 11 : 34 a.m. Recorded by: BARBARA NORRIS, City Clerk By: PATS A. HESTER Depu y City Clerk -4- MINUTES - ATASCADERO CITY COUNCIL RegularMeeting October 11, 1982 Atascadero Administration Building The meeting` was called to order at 7 :30 p.m. with the Pledge of Allegiance. Mel Schroeder of the Community Church. gave the invocation. ROLL CALL PRESENT': Councilmen Mackey,' Molina, Stover, Wilkins and Mayor Nelson ABSENT None PUBLIC COMMENTS None COUNCIL' COMMENTS 1. Councilman Mackey stated that she had 'received a letter from the Solid Waste Management Board. She asked that anyone interested in recycling and waste reclamation systems contact her. • 2. Councilman Molina stated that he was distrubed when he read that the wager company is getting involved in the political arena, namely the Rochelle project. 3. < Councilman Molina stated that he would like the council- members to have a meeting with the Planning Commission to set policy for working _together. 4. Councilman Molina stated he would like to bring the zoning 'in- conformance with the General -Flan and wanted it finalized as expediently as possible. He would like to impose a one month_ time limit for the zoning ordinance to be brought to Council. Mr. Warden advised that November 15 will be set for the Planning Commis- sion to review the re-draft which was necessary to incorporate changes suggested during the hearing process. 5. Councilman Molina expressed his concern over the issue of the flood moratorium on Morro Road and suggested thatit should be looked into soon. Mr. Warden informed him that this matter was also a part of the new zoning ordinance. A. CONSENT CAIENDAR 1. Minutes of the regular meeting of September 27, 1982 (RECO END APPROVAL) MINUTES ATASCADERO CITY COUNCIL - October 11, 1982 2.- Treasurer' s Report, 9-1-82 to 9-30-82 (RECOMMEND APPROVAL) a 3. Finance Director' s Report, 9-1-82 to 9-30-82 '(RECOMMEND APPROVAL) 4 . Memorandum of Understanding betweentheCity of Atascadero+ and the Atascadero Fire Captains Bargaining Unit (RECOMMEND APPROVAL) 5. Memorandum of Understandingbetween the City of Atascadero and the Atascadero Police Officers Bargaining Unit (RECOMMEND APPROVAL) 6 .`` Memorandum of Understanding;between :the City of Atascadero and the Atascadero Police Sergeant' s Bargaining Unit (RECOMMEND APPROVAL) 7. Amendment of Claim for Local' Transportation Funds, Fiscal Year 1981-82 (RECOMMEND APPROVAL) 8. Tentative Parcel Map AT 820810 :2, 7525 Sombrilla Avenue, Paul Pellegrini (Twin Cities Engineering) to divide 1. 8 acres into three parcels' (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 9. Tentative Parcel Map AT 820810 :1, 5600 Cascabel Road, Kathryn Fosmark (Stewart) to allow division of 5.35 acres' into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 10. Acceptance of Final _Parcel Map AT 820108:1, 9365 El Bordo,' Don Jensen (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 11. Acceptance of Final Parcel Map AT 820226:1, 14000-147000 Santa Lucia, Tenneco (Twin Cities) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 12. Acceptance of Final Parcel Map AT 820408:1, 3763 Ardilla, Norman Rich (Hilliard) (RECOMMEND APPROVAL OF PLANNING C014MISSION RECOMMENDATION) Mayor Nelson reviewed all items on the Consent Calendar. Councilman Mackey asked that Items A-5 and A-7 be pulled for discussion. -2- MINUTES - ATASC DERO CITY COUNCIL - October 11 , 1982 MOTION: Councilman Wilkins moved that the Consent Calendar be approved, with the exception of Items A-5 and A-7. The motion was seconded by Councilman Molina and unanimously carried. A-5 Memorandum of Understanding between the City of Atascadero and the Ata cadero Police Officers Bargaining Unit Councilman Mackey was concerned that the Police Department personnel would not get a 6% raise because of MOU provisions concerning overtime for off-duty training. Mr. Warden advised that the Police personnel will get a full 6% raise and that the provisions referred to by Councilman Mackey would not reduce the 6% figure. MOTION: Council an Mackey moved that A-5 be approved. The motion was seconded by Councilman Wilkins ,and carried with Councilman Molina voting no. A-7 Amendment of Claim for Local Transportation Funds, Fiscal Year 1981-82 Councilman Mackey was concerned that the Dial-A-Ride contractor has stated a need for more hours because there are increased requests for service. Mr. Warden stated that this amendment only corrects last year' s claim and that changes to Dial-A-Ride service hours can be placed on a future agenda. It was suggested that this be done on the November 8 agenda. MOTION: Councilman Mackey moved to approve A-7. The motion was seconded by Councilman Wilkins and passed unanimously. B. HEARINGS, APPEARANCES AND REPORTS 1. Introduction of request for a mobile home park rent stabili- zation ordinance Mr. Warden requested this item be postponed to November 8 in order to let the public have the opportunity to participate. This matter was continued to the November 8 council meeting. 2. Depart ental quarterly report - Police Department Chief McHale gave his report on crime and activity for the period of June 1 through August 1, 1982 . -3- MINUTES ATASCADERO CITY COUNCIL - October 11, 1982 Compared to the same three-month period last year there was a 21% increase in calls for service; 23% increase on reports of suspicious circumstances; increase in Animal Regulation calls asking for assistance and injured animal cases; 23% increase in patrol checks requested by people that were to be on vacation; 86% increase in warrant arrests; 80% increase in drunk driving; 33% increase, in traffic citations; and 33% increase in arrests. The Police Department hired one Police Officer, one Officer trainee and is in the process of hiring another Police Officer. The Atascadero Unified School District agreed to fund Atascadero Youth Task Force with approximately $8 , 000 toward a Police Officer' s salary. During the. quarter the Police Department purchased five new marked patrol cars. C. UNFINISHED BUSINESS 1. Report regarding animal control options - continued Council discussed this matter at length. Public comments were heard from: John Cole and Jay Huebner. - Council directed staff to contact 4H and FFA, informing them of the City' s willingness to work with them in coping with this problem. The newspaper was requested to help by asking for feed- back from organizations interested in organizing to deal with the problem of destruction of livestock. 2 . Consideration of alternatives for funding and performing street maintenance - continued Mr. Warden advised that at present we are uncertain whether we can form a maintenance district without having a 2/3 vote of approval• f-rom people within the district. The matter is currently being considered by the Supreme Court. Comments in favor of city maintaining the roads were heard from Alex Hugo, Jay Huebner, Mike Fitzpatrick and Jack Wallace, who were concerned with emergency situations. Speaking in opposition to having a maintenance district were Joe Carmetti, Jim Carpenter, and two other gentlemen. Comments were also heard from Howard Mahron, President of Homeowners Association, John Wh}te, and Doug Lewis. 00 -4 MINUTES - ATAS ADERO CITY COUNCIL - October 11, 1982 Councilman Wilkins suggested that John White be contacted and given the Staff Report concerning this matter. He also suggested that their association have a meeting to consider the alternatives discussed in the Staff Report and then to have a public hearing. Council agreed to wait to hear from John White. 3. Consideration of application of Kelly Gearhart for a solidwaste collection permit - continued Mr. Warden stated that the applicant has complied with all of the application requirements. Mike Molina spoke on behalf of Kelly Gearhart, expressing his opinion as to a need for an additional collection service. It was noted that the service would provide bags at a charge of 80G each; this price would include delivery and pickup of the bags. Mr. Gearhart indicated that the project is being backed by rela- tives and he owns his own vehicles. William Gibbs, President of Wil-Mar Disposal, commented that since he pioneered the area he should reap the benefits. He does not believe there is a need for another disposal service. Comments in favor of approving the application were heard from Howard Mahon and Maxine Halliday. MOTION: Councilman Wilkins moved to deny the application for a solid waste collection service by Mr. Gearhart. The motion was seconded by Councilman Stover. Considerable discussion was made among the Council. Mr. Warden suggested that the Council qualify the motion to provide for a resolution stating findings of fact at the next Council meeting as to why the denial was made. Councilman Wilkins amended his motion to include that staff be instructed to prepare a resolu- tion adopting findings and facts during the application. The amendment was accepted by Councilman Stover and carried with Councilman Molina voting no. 4 . Review of committees a. Councilman Mackey stated there are several people interested in being on the fee committee. Mayor Nelson stated that the fee committee will be brought- back to the Council as an agenda item. MINUTES - ATASCADERO CITY COUNCIL - October 11, 1982 b. Mayor Nelson stated that he had completed the suggested membership for the Police Department Location and Memorial Building Renovation Committees. The committees will be ad hoc and task oriented. The task is to analyze police location alternatives, along with their financial impacts. The objective is to identify alternative location, funding alternatives and overall useage of the Memorial Building for city functions. The members appointed for the committee are Chairman Norm Norton, Karl Keksi , Dave McMillan, Livia Kellerman, Harris Hesketh, Lon Allen and Judy Young. D. NEW BUSINESS 1. Consideration of request for Council to adopt a Nuclear Freeze resolution Council discussed this matter with Councilman Wilkins stating his objections. MOTION: Councilman Wilkins moved that Council deny support to the nuclear freeze campaign and encourage individual citizens to express their views to their legislators; and that Council withdraw its previous actions supporting the bilateral disarmament initiative. The motion was seconded by Councilman Stover and carried with Councilman Mackey and Mayor Nelson voting no. 2 . Park funding Mr. Warden reviewed the matter and stated that despite earlier assurances by the State of California, prior to budget hearings, a portion of- the Master Plan expenses would be reimbursed by the Roberti Z 'Berg Grant, we have been told that is not the case. Accordingly, the full study costs will have to be funded from the General Plan. MOTION: Councilman Stover moved to approve the transfer of $3, 500 from Reserve to the budget for payment of the Park Master Plan study. The motion was seconded by Councilman Molina and unanimously carried by roll call vote. E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS MOTION: Councilman Wilkins moved that the Council recess and convene as the Atascadero County Sanitation District Board of Directors. Councilman Mackey seconded the motion and it was unanimously carried. _ -6- MINUTES - ATAS ADERO CITY COUNCIL - October 11, 1982 1. Resolution No. 48-82 authorizing investment of Atascadero County Sanitation District monies in Local Agency Invest- ment Fund Mr. Warden stated this is required to formalize approval of the Sanitation District to invest monies in the LAIF, as well as other investments as allowed by law. The Local Investment Fund requires a specific resolution of approval. MOTION: Director Wilkins moved that Resolution No. 48-82 be read by title only. The motion was seconded by Director Mackey and unanimously carried. President Nelson read Resolution No. 48-82 by title only. MOTION: Director Wilkins moved to adopt Resolution No. 48-82 . The motion was seconded by Director Mackey and unanimously carried. MOTION: Director Wilkins moved that the Board adjourn and reconvene as City Council. The motion was seconded by Director Molina and unanimously carried. F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council a. Councilman Wilkins asked the Council to reconsider their vote in the Rochelle matter. Councilman Molina stated his disapproval. MOTION: Councilman Wilkins moved to reconsider the vote and that the staff bring back appropriate findings and to hold up preparation of the ordinance. The motion was seconded by Councilman Mackey and passed on the following roll call vote: AYES : Councilmen Stover, Wilkins and Mackey NOES: Councilman Molina and Mayor Nelson b. Mayor Nelson mentioned an agenda for the County Drug Program Advisory Committee on Tuesday, October 12 , at 3 :30 p.m. , at Community Mental Health in San Luis Obispo. -7- MINUTES - ATASCADERO CITY COUNCIL - October 11, 1982 C. Mayor Nelson mentioned an open house atEstre Del Rio on Thursday night, October 14 , at :30 p.m. to 9 :00 p.m. The general meeting is from 7 : OO p.m. to 7: 30 p.m. d. Mayor Nelson had received a resolution from the City of Compton. He asked if any Councilman was interested in having this item on the agenda. There were no replies. e. Mayor Nelson announced that he had received corres- pondence from Henry Mello requesting attendance at a meeting on Friday, October 15, 10:30 a.m. to 1 :00 p.m. in the San Luis Obispo Chambers. f. Mayor Nelson advised that he had recently prepared two proclamations. One declares Unity Month and the other declares Zip Up and Save as energy conservation measures. 2 . City Attorney a. Mr. Grimes noted that nothing has happened on the police claim for back pay, the Larrison suit, since filing with the court on September 29 , 1982 . b. Mr. Grimes stated the time limit for filing petition in the Supreme Court in the Daly matter was October 5 . He has not received anything in the mail at this time which indi- cates that nothing is likely to be filed. 3 . City Clerk Nothing -_ 4 . City Treasurer Nothing 5. City Manager a. Mr. Warden requested a list of the people that will be going to San Diego on the Paso Robles chartered bus. The bus will leave at 6 :15 a.m. on Sunday from the Atascadero Veterans Building. The bus will return on Wednesday afternoon. b. Mr. Warden stated that some employees had requested that Veterans Day holiday be changed from Thursday, November 11, to Friday, November 12 , to afford a three-day weekend. Council agreed. -8- MINUTES - ATAS ADERO CITY COUNCIL - October 11, 1982 C. Mr. Warden received notice from the County Auditor stating that the Atascadero Sanitation District will be receiving about $8 ,200 in special district augmentation funds. d. Mr. Warden stated there will be an area Council of Governments meeting on October 21. The items are all claims for FY 1982-83 for each of the cities within the County. At the previous COG meeting it was noted, as an informa- tional item on the agenda, that the state law had been changed with regard to authorized expenditures of State transportation funds or local transportation funds . He asked that the matter be referred to the TTAC for their review with a request for a report back to the Area Planning Council for their determination. It was Staff' s recommendation that the State Transportation Assistance (STA) funds be handled in the same way as the local transportation fund money as now authorized by law. The Council agreed with Mr. Warden. The meeting adjourned at 11 : 05 p.m. Recorded by: BARBARA NORRIS, City Clerk By: Patsy A. Hester Deputy City Clerk -9- M M O R A ND U TO: CITY MANAGffR October 19, 1982 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP AT 820712:1 LOCATION: 9755 San Marcos Road (Ptn. Lot 32, Block 14) APPLICANT: Rod I ler (Mitchell) REQUEST: To allow subdivision of a 7.8 acre parcel into three parcels of 2.5, 2.8 and 2.5: acres. On October 4,` 1982 the Planning Commission conducted a public hearing on the subject Datter unanimously authorizing a Conditional Negative Declaration and approving the three lot land division subject to Con ditions 1`-12- as sat forth in the attached Staff Report. The Commission di cussed the following matters related to this • request: access easement documentation Rod Idler`, applicant, appeared and indicated his concurrence: with the recommendation. Jackie Jertson, adjacent property owner , inquired about; possible changes to the existing easementandutility installation within the easement. No one else appeared on the matter: LAWRENCE STEVENS iity RRAY WARDEN Planning Director anager' Ps CITY OF ATASCADERO 1918 1 p 1979 Planning Department October 4, 198`2 s STAFF` REPORT SUBJECT: TENTATIVE PARCEL MAP AT 820712:1 LOCATION: 9755 San Marcos Road (Ptn Lot 32, Block 14) APPLICANT: - Rod Idler (Mitchell) REQUEST: To allow subdivision of a 7.8 acre parcel into three parcels of 2.5, 2.8, ancl 2.5 acres. BACKGROUND 1. Existing Zoning; A-1 2. General Plan: Suburban Single Family Residential 3. Environmental Determination: An initial study environmental de- scription form has; been completed for the project. The Planning Director has prepared a Draft Conditional Negative Declaration indicating the project will not have a significant adverse effect upon the environment if certain mitigation measures are incorpo- rated into the project. 4. Site Conditions;_ The property consists of 7.8394 acres of land situated on the side of a large hill. The terrain is steep, 'con- sisting of grades of 11 to 38 percent. Vegetation consists of numerous. trees and natural grasses. A loose rock outcropping is located on top of the bench of the proposed southerly lot. The low area of the proposed northerly lot is a basin for the drainage area above. Access to the property is via a 375 foot long paved easement from San Marcos Road. A single family house is located at the end of the easement in the middle of the proposed center lot. There is also an existing 32 foot wide scenic easement lo- cated along the northeast property line of the proposed southerly parcel and 75 feet into the center parcel (see map) . 5. Project Description: The applicant proposes to split his 7.8394 acre parcel into three parcels of 2.508, 2.795 and 2.5364 acres each. Access to the central parcel will remain as it exists. The applicant proposes establishing an easement ; across the central parcel for _ access to the proposed southerly parcel. A new ease- ment is proposed as access for the northerly parcel. The easement proposed is parallel to the existing easement and would extend from San Marcos Road across both parcels of Lot 8a of Block 14 to'• the northern lot. Tentative Parcel Map AT 820712: 1 (Idler) STAFF COMMENTS On Thursday, August 4, 1982, the Subdivision Review Board met with the applicant, Rod Idler . Also attending were: Larry Stevens, Planning Director ; Larry McPherson, Public Works Director ; Fred Buss, Associate Planner; Jill Kollmann and Kami Griffin, Planning Interns; and Shirley Summers, Planning Commissioner . The following items were discussed: 1) Documentation of the existing easement. 2) Need for a topography map of the project site . The submitted to ography map and a field inspection indicate a pos- sible building site on the southern parcel. However , the northern lot has an average slope of 38. 2% and is a natural watershed basin for the hill. Substantial grading and drainage work will be required in order to create a building site on this parcel. FINDINGS 1. The application as submitted together with recommendations which follow complies to the applicable zoning and subdivision regula- tions and conforms to the 1980 Atascadero General Plan. 2. The application as submitted together with conditions of approval will not have a significant adverse effect upon the environment and, therefore , the preparation of an Environmental Impact Report is not necessary. RECOMMENDATION Based upon the above Findings, the Planning Department recommends the following: A) Issuance of a Conditional Negative Declaration as follows: 1. Adequate provisions shall be made for drainage and erosion control and protection in conjunction with site development. 2. Grading and tree removal shall be minimized during all phases of site and road development. 3. Adequate and sufficient tests shall be performed on each lot to ensure septic suitability at each building site. 4. Adequate provision shall be made to minimize fire hazards in conjunction with site development. 2 Tentative Parcel Map AT 820712: 1 (Idler) 5. Provision shall be made for adequate access to each of the parcels; and, B) Approval of Tentative Parcel Map AT 820712: 1 subject to the fol- lowing conditions: 1. A percolation test performed in the area of a designated building site on each of the proposed parcels and logs of soil borings shall be submitted for review by the Planning Department prior to recordation of the Final Map. Prior to recordation of the Final Map, the Planning Department shall make.'• a determination as to the acceptability of the test and the capability of the site to accommodate the two additional private disposal systems and the two new residences. If , in the judgement of the Planning Department, conditions result- ing from the percolation tests are not acceptable, the Final Map will not be allowed to record, thus preventing the three way division. If the conditions are acceptable, the follow- ing note shall be shown on the Final Map: "Percolation tests and logs of soil borings have been submit- ted for the north and south parcels and have been found ade- quate. The results of the test will be acceptable only in the event the private disposal system is installed in the area where the test was performed. In the event a private disposal system is not installed inthearea where the test was performed, additional tests may be required prior to issuance of building permits for each parcel." 2. Water shall be obtained from the Atascadero Mutual Water Com- pany and water lines shall exist at the frontage of all par- cels prior to filing of the Final Map. 3. All other available utilities not already in place shall be extended underground to each parcel frontage at the time of building permit. Any utility easements are to be shown on the- Final Map. 4. Efforts shall be made to minimize grading that would be dis- ruptive to the natural topography and removal of existing mature trees. The following shall appear as a Note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appro- priate permit and compliance with applicable City ordinances. 5. Drainage and erosion control plans , prepared by a Registered Civil Engineer shall be submitted for review and approval by the Planning Department prior to issuance of building permits in conjunction with installation of private driveways, access easement or buildings. 3 Tentative Parcel Map AT 820712: 1 (Idler) 6. Plan and profile drawings of proposed individual driveway (s) and dri eway easements shall be submitted for approval by -the Public Works and Planning Departments in order to determine average -grade and appropriate improvement requirements. If average slope exceeds 12%, paved improvement would be a re- quireme t at the time of application for a building permit. Otherwise, an all-weather surface would be required similar- ly. in no event will driveways be allowed which exceed 20% in slope . The driveway access shall be improved to a minimum width of twelve feet (12' ) and shall have a minimum unob- structe vertical clearance of fourteen (14) feet. Notes to these-effects shall appear on the Final Map. 7. Roof materials for all structures shall be Class C rating or better and a Note to that effect shall appear on the Final Map. 8. Adequate documentation shall be provided for both driveway easements: a. Said documentation for the southern parcel has been pro- vi ed and the easement shall be delineated on the Final Mar . b. An easement shall be secured for the northern parcel generally where shown. It may be established through a se arate easement document with the easement being delineated on the Final Map, or may be established on the Final Map with the appropriate signatures from affected property owners. 9. All pipelines and other easements of record shall be shown on the Final Map. A letter shall be submitted from each utili- ty com any indicating the nature and extent of any building restrictions. A Note stating any such restrictions shall appear cn the Final Map. 10. Drainage swales shall be indicated on the Final Map and a Note shall appear on the Final Map which states: "Any modification of the ground during site development with- in fift (50) feet of the drainage swales shall be subject to approval by the Planning and Public Works Departments." 11. A Final Map in compliance with all conditions set forth here- in shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordi- nance prior to recordation. a. Monuments shall be set at all new property corners cre- ated and a registered civil engineer or licensed land surveyor shall submit a letter certifying that the monu- ments have been set prior to recordation of the Final Mar . 4 Tentative Parcel Map AT 820712: 1 (Idler) b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the Final Map. is 12. Approval~of this Tentative Parcel Map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expira- tion date. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: FRED BUSS Associate Planner REPORT APPROVED BY: LAWRENCE ST E ENS Planning Director Ps 5 NX /•ti 4 6I i � �% 5b�� 1 i a I iw Y -� i '}7 8 3 7 41 0�4 \ % 44 12 4� 7 5 a° 7 6 a 15t3 12 t t't7 e/ 2 43 13 / a s 35c 2 16 17 �� \ 8a, 'r' t 8 7 17 41 54 4 3 4 b i 5 1516 \�� a 40 2 I �Q 6 �37 /55 �61 6a 60 7 / i `;`T2a a3 /2 t 1 62� r i s t F6 5 63 Sb 5 I o ; 3 39 1 16 15 ATrJ 6 <I4 �4 ,i 43 42 65 8 7 i Sa l0° I 12° 11110 g8�6� 9 0 5a 7 6 1� l 20 19 I 1. 41 10 6 !! 3, 30 132 33 34 35 4G,i I' 29 31 ( — ) 39 6° 2 I 27,28 �I` `� 70 4 t i 39 0 8 a 3 t7� 23 34 c I 36 39b 9° 27 3t 4 3 �'� 37 38b __--I—�--" 2 37° 29 26 28 38 12 123 2.4 � a ! 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MA-P AT 820712 : 1 (Idler/P4itchell) 9755 San Marcos Road , Lot 32 , Block 14 APN: 54-132-55 - 4 M E M O R A N D U M TO: CITY MANAG R October 19, 1982 FROM: PLANNING D RECTOR SUBJECT: TENTATIVE PARCEL MAP AT 820811:1 LOCATION: 8710 Old Santa Rosa Road (Lot 6A, Block 11) APPLICANT: L.J. ` aldwin (McGillis) REQUEST: To al ow division of 2.1 acres into two 'parcels of 1. 0 and M acres. On October 18, 1932 the Planning Commission conducted a public hearing on the subject ma ter unanimously authorizing a Negative Declaration and approving th two lot land division subject to 'Conditions 1-10 as set forth in the ittached Staff Report, The Commission discussed the following matters related to this request: alternate lot designs to assure conformance with General Plan densities possible future options (;i.e. granny housing) based on recent State legislation - enforcement difficulty with guesthouse conversions It was the consensus of the Commission that the General Plan density must be followed. L.J. Baldwin, applicant, appeared and objected to Condition 8 (a) which required removal of one of :the existing houses on proposed Parcel 1. In supporting this, he pointed to the previous County approval that had expired and the lot size allowed under R-A zoning. Otherwise, he indicated concurrence with the recommended conditions. No one else appeared on the matter. LAWRENCE STEVENS MUROY `L. ARDEN Planning Director Ciby Man er ,iFAi� C FIEt r,�� iris rp�" i `ie7e CITY OF ATASCADERO Planning Department October 181 1982 ��CADE�p% i STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP AT 820811:1 LOCATION: 8710 Old Santa Rosa Road (Lot 6A, Block 11) APPLICANT: L.J. Baldwin (McGllis) REQUEST: To allow division of 2.1 acres of land into two parcels of 1. 0 and 1.1 acres each. BACKGROUND 1. Existing Zoning: R-A (Suburban) 2. General Plan: Moderate Density Single Family Residential 3. Environmental Determination: An initial study environmental de- scription form has been completed. The Planning Director has prepared a Draft Negative Declaration indicating the project, will not have a significant adverse effect upon the environment. 4. Site Conditions: The project site is generally level with a slight slope down toward the north-northeast. The rear half of the lot containsnatural grasses, a small shed, an old, large chicken - shed, some junk material, and a 'dilapidated greenhouse. The front half of the lot contains three single family residences, two of which are occupied and have full utility, improvements in- cluding sewer . The third residence is extremely small and re- ceives 'u ilities as a branch off the house closest to the street. Each of the residences has a garage. Two dilapidated sheds are also situated on the front half of the lot., A driveway to the rear half of the lot is located along the northeast property line from Old Santa Rosa Road. Another driveway serves the western- most residence from the northwest corner of the lot straight back from Old Santa Rosa Road. The property is fenced along the west- ern property line except withn the last 50 feet of the rear corn- er. All trees on the lot are located in the front half of the property. Numerous Ponderosa Pines line the property line along the road frontage with two oaks and threeother trees situated among the structures. The southwestern-most residence is cepa- rated from the other two by a wire fence. -5. Project Description: The :applicant proposes to divide his 2.1 acre parcel into two parcels of 1.1 and 1.0 acres each. The ex- • isting driveway along the northeast property line is proposed as a public utility easement and a new driveway following the southwest TENTATIVE PARCEL KAP AT 820811: 1 (Baldwin) property line will serve proposed Parcel 2. The applicant intends to remove the junk material and all sheds. The small house to the northeast which is currently vacant will be remodelled to a guest house by removing all kitchen facilities. The applicant requests that the two existing residences on proposed Parcel 1 remain as residences and that he. be permitted to build a single family resi- dence on the rear lot (proposed Parcel 2) . This lot split was previously approved by the County but that approval has expired. STAFF COMMENTS•, On September 9 , 1982 the Subdivision Review Board met with Mr . Baldwin and his engineer , Mr . McGillis. Also attending were: Larry Stevens, Planning Director ; Mike Hicks, Fire Chief; Fred Buss, Associate Plan- ner; Kami Griffin Planning Intern; and Jim Wentzel, Planning Commis- sioner . The following items were discussed: 1. Current number of residences on the site. 2. Proposed acce s easement alignment initially through the middle of of proposed Parcel 1 to Parcel 2. 3. Sewer availability to all residences. 4. Revise map to show all trees and structures on the site. Staff discussed the situation regarding the number of residences on the site with the applicant and his engineer . The applicant agreed to change the smalle t unit to a guest house but desires to retain the two existing res dences on proposed Parcel 1. This would result in a density of three esidences on two acres rather than two residences on two acres. The litter would conform with the General Plan while the former would resu t in a nonconforming use if the new zoning ordinance is approved in it current form. The General Plan density can be achieved by _requ ring that the lot design be changed so that there is an existing residence on each lot or by demolishing one of the resi- dences while keeping the proposed lot design. The future may yield another alternative depending upon how recent legislative actions on granny housing or second units in single family zones are responded to by the City. FINDINGS 1. The application as presented will not have a significant adverse impact upon the environment and the preparation of an Environmen- tal Impact Report is not necessary. 2. The application as modified through conditions that follow con- forms to the applicable zoning and subdivision regulations and is consistent with the 1980 Atascadero General Plan. 2 TENTATIVE PARCEL MAP AT 820811: 1 (Baldwin) RECOMMENDATION Based upon the above Findings, the Planning Department recommends 40 issuance of a Negative Declaration and approval of Tentative Parcel Map AT 820811:1 subject to the following conditions: 1. Submit a revised parcel map to conform with the following requirements: a. Revise the proposed line such that one existing residence shall be located on each new lot. b. Secure necessary permits to the smallest residence (to the northeast) or convert it to a guest house by removing all kitchen facilities and related appurtenances, prior to re- cordation of the Final Map. 2. All non-residential structures (i.e. sheds, greenhouse, etc. ) on the site shall be brought into conformance with the Uniform Build- ing Code and zoning ordinance or removed from the site prior to recordation of the Final Map. 3. A Final Map in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new, property corners created and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation of the Final Parcel Map. 4. Approval of this Tentative Parcel Map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. _If the proposed lot design is to be retained, thenthefollowing con- ditions are appropriate: 1. Provision shall be made for connection of Parcel 2 to the City sewer system at time of development and a Note so stating shall appear on the Final Map. 2. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at each parcel frontage prior to fil- ing of the Final Map. 3. All other available utilities not already in place shall be ex- tended underground to Parcel 2 at the time of building permit. 4. A driveway providing access to Parcel 2 shall be subject to Plan- ning Department review and approval at the time of building permit application for each parcel. The driveway access . shall be im- proved to at least the following minimum standards: 3 TENTATIVE PARCEL 11AP AT 820811: 1 (Baldwin) - all weather surface an improved width of twelve (12) feet - unobstructed vertical clearance of fourteen (14) feet Notes tothes effects shall appear on the Final Map. 5. Effort shall be made to minimize grading that would be disruptive to the natural topography and removal of existing mature trees. The following shall appear as a Note on the Final Map: "No trees sha 1 be removed without compliance with applicable City ordinanc S. No grading shall commence without an appropriate permit and%co pliance with applicable City ordinances. " 6 . All pipeline and other easements of record shall be shown on the Final Map. A letter shall be submitted from each utility company indicating the nature and extent of any building restrictions. A Note so stati g such restrictions shall appear on the Final Map. 7. Roof materialt for all new structures shall be Class C rating or better and a Note to that effect shall appear on the Final Map. 8. Existing buildings shall be modified, prior to recordation of the Final Map, as follows: a. Two of the three residences on Parcel 1 shall be removed or shall be converted to guest houses by removing all kitchen facilities and related appurtenances. b. All non-residential structures (i.e. sheds, greenhouse, etc. ) on the s to shall be brought into conformance with the Uni- form Bu lding Code and zoning ordinance or removed from the site prior to recordation of the Final Map. C. Secure a y permits required for the above. 9. A Final Map im compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division ordinance prior to recordation. a. MonumentS shall be set at all new property corners created and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation of the Final Map. b. A recent y updated preliminary title report shall be submit- ted for review in conjunction with the processing of the Final Parcel Map. 10 . Approval of this Tentative Parcel Map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 4 TENTATIVE PARCEL MAP AT 820811: 1 (Baldwin) ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and set conditions. TO DENY: Motion setting findings for denial. REPORT PREPARED BY: RED BUSS Associate Planner REPORT APPROVED BY- LAWRENCE STEVENS Planning Director Ps i 5 _i !69 tzz� 211 7 ?C 6 3c 41l q 1Sr p 2 , o 24 T p 2 4 0 3 14 5 ! 7 20 I 13 2 Z 6 3 I 2 3 3~ 7 6 1 � � 16 I 4 I 5a, Q ID 39 .70 l4 \8 ' 2 1r Ig I s ` 2 /Ib 1 / Cu :_fry\�L 13f / - fl f 0 ;5b / �I 1 � I T ' 1 2 4 39 5 w s / l/ �3/3� 5 34 11 9 r tc 3 8 2 28 29 30 32 10 !J 11 16 17 ,r2 l 31 >12 13 9/8 (/ 14 + i0 7, , 7 6 0 t23 1 4 15 7 s i 8 5 q \ . 23 3 1 t 4 3 I'll-,, 8 ft ? 2 i0 , / 22 /// 2 I< 5 to i �. , 21 10 �' t 10 11 20�� 11 I! 3a / 1234 - 1 1° tr3> I9 1 10 4 6 \ 33 1, f 11 i3 •,5�` sa re 9 38 5 7 4 15 14 i/ 14 32 `,��� E 2 37 -"' C { 1'0 60 6 -7 18 15~� T / 31 3 `\ 1f 36 16 6/t7 P l 3z y j 7 - f81/G7 30 'p s°ti 5 2 17 52 / 29 � ` • - = 53 �lcy / 3 51 7 3$\ I o \ 39 � f - 50 C1 40 10 -- i� 5- 49 48 / 12 11 3 t {� A � 4 /4 41 22 yl 30 61 9 46 42 23 43 29 10 ' 19 20 44 24 t / 21 --�----,�z7 12 N, 15 13 4 1 2 5 25 r 26 i �` 14 \qq 5\ I TE L-UGA-C l c�[�I/ . ` I\16 43 A--T 2 \l, 1 � 19 \ 40 20 42 �Is 41 �, OCT-) 1 21 1 ��/• LCT 6;c, �C-c�GK-l ( 4 \28 3s cj Co—11:5 t \ 37 O —5— - z\36 6 29 8 X 331 ';32 3 \ �\ 2 (( 3 -- --- A I0 ` 4 T 6 19 32 8 2 / 32 12 - 3r 31 - 1 t 3 0 to 90 a J r P -Z-ONINC� .� g-t' �s, ' n zo, v * � N� y J v rl 1 ------ n U^ V z F :2 .01 34 s i 1= J � / 3 , oy� 9' t / S UOIN I J Z4 � 1 � Ilk Ln o if w \ \ 3 t $ 1 x I � Q M E M O R A N D U M TO: CITY MANAG R Oc FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP AT 820713:1 LOCATION: 3675 Ardilla (Lot 42 & `Ptn. Lots 43, 44 , Block 17) APPLICANT: Veta Hand (Stewart) REQUEST: To divide 10.21 acres into two parcels of 7.69 and 2. 52 acres On September 20, 1982 ' the Planning Commission conducted a public hear- ing (continued from September 7) on the subject manner unanimously (with Commissioner Lilley abstaining) authorizing a Conditional Nega- tive 'Declaration `nd approving ;the two lot land division subject to Conditions 1-14 as listed in the attached Staff Report and Staff Memorandum, with the revision to Condition #9 to read as follows: "9. The existing; fire hydrant on Ardilla shall be upgraded , to a size and type approved by the Atascadero Fire Department. The appli- cant shall submit a letter certifying the upgrading prior to the recordation of the Final Map." There was discussion among the Commission concerning the fire hydrant upgrading and it was noted that. a partial reimbursement for future developments would be available to the :applicant. Dan Stewart, applicant' s engineer , appeared and questioned conditions relating to the fire hydrant, water line extension, and 'easement loca- tion and improvement (September 7) These items are discussed in the attached memo, datd September 20 , 1982. Loyd King, one of the applicants, asked for a clarification regarding the upgrading of the fire hydrant requirement andindicatedhis con- currence with the 'recommendation (September 20) Marleon Barclay, Adjacent property owner , asked how her property would be affected by this subdivision since her property had originally been involved as part of the application previously submitted (Sept. 20) . No one else appealed on the matter. LAWRENCE STEVENS Y WARDEN Planning Director C' ty M ager 1 M E M R A N D U M TO: PLANNING COMMISSION September 20 , 1982 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE 'PARCEL 14AP AT 820713:1 LOCATION: 3675 Ardilla (Lot 42 and ptn. Lots 43, 44, Block 17) APPLICANT: Vera Hand (Stewart) REQUEST: To divide 10.21 acres into two parcels of 7.69 and 2. 52 acres This matter was considered at the meeting of September 7th but was continued to allow Mrs. Hand additional time to review the Staff Report and to allow Staff to review the timing; and appro- priateness of hydrant, "access and water line conditions._ There are existing hydrants on Ardilla approximately 325 feet easterly from the proposed access easement to Parcel 2 and on the existing driveway easement serving Parcel 1 (and other lots along that easement) . The Ardilla hydrant needs to be upgraded from a wharfhead to a full standard hydrant. As a result, Con- dition 9 should be modified to require upgrading rather than a new hydrant. There was discussion at the hearing indicating that access to Parcel 2 might come from the existing driveway easement leading to Parcel 1, but this would require an easement across a por- tion -of ortion of Parcel 1. Available information indicates that such an easement is not agreed to at this time. As a result, it must be assum6d that the proposed 25 foot easement across the Swale from Ardilla is the only available access and any conditions on access must be related to it. The existing 6 inch water line in Ardilla terminates at the wharfhead hydrantandthe Atascadero Mutual `Water Company has no current plans for additionalimprovements in the area. Based upon the proposed design, utilities to Parcel 2 will come from the 25 foot proposed easement (which crosses the` swale) . Dan Stewart requests that Conditions 2 (water line) , 7 ` (bridge) and 9 (hydrant) be approved as development rather than map con- ditions. The September 7 Staff Report agrees that the bridge which _crosses the swale should be a<.development conditions since its design could vary considerably based on the desire of the developer. However, water line extensions and hydrants have • been required on other similar applications as map conditions and continuation of that practice is appropriate. Page Two Re: Tentative Parcel Map AT 820713:1 (Hand/Stewart) September 20 , 1982 RECOMMENDATION The Planning Department recommends approval as set forth in the September 7 Staff Report except that Condition 9 should be modi- fied to read as follows : "9. The existing fire hydrant on Ardilla shall be upgraded to a size and type approved by the Atascadero Fire Department. The applicant shall submit a letter certifying the upgrading prior to recordation of the Final Map. " LAWRENCE STEVENS Planning Direc or Ps 1 CITY OF ATASCADERO Planning Department September 7, 1982 STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP AT 820713:1 LOCATION: 3675 Ardilla Road (Lot 42 and ptn. Lots 43, 44, Block 17) APPLICANT: Vera .Hand (Stewart) REQUEST: To divide 10. 21 acres into two parcels of 7. 69 and 2.52 acres. BACKGROUND 1. Existing Zoning: R-A-B-D-1-D (506) 2. General Plan: Suburban Single Family Residential 3. Environmental Determination: An environmental description form has been completed. The Planning Director has prepared a Draft Conditional Negative Declaration for the project indicating that no adverse environmental effects are likely to occur if the pro- ject is implemented as proposed. 4. Site Conditions: The property is located on the north side of Ardilla Road near the intersection with Portola Road. Existing development consists of one house and two barns located on the rear portion of Lot 42 and encroaching onto Lot 43. Access to the buildings is via an existing driveway easement approximately 1,000 feet long. Surrounding development is residential in nature, with lot sizes ranging from one to five acres. Vegeta- tion on the site consists of natural grasses, some shrubbery and numerous mature trees including oaks. The site is gently rolling and slopes generally upward away from Ardilla Road, with the highest point being a knoll (120 feet higher in elevation than Ardilla Road) at the rear of Parcel 1. There is a significant drainage swale parallel to Ardilla Road and running the entire frontage of the property. There is a second minor swale across the center portion of Parcel 2. The improved portion of Ardilla Road ends near the westerly property line of Lot 42 (Parcel 1) , where the road continues as a private drive. The Ardilla frontage of the property is not a City-maintained road and does not appear to be constructed to a standard which would allow acceptance. 5. Project Description: The applicant proposes to divide 10.21 acres into two parcels. Parcel 1 is to be 7 . 69 acres and includes the knoll where the house and barns are located. Parcel 2 is to be 2. 52 acres and is undeveloped. Access to Parcel 1 is via the Tentative Parcel Map AT 820713: 1 (Hand) 1,000 foot existing driveway. Access to Parcel 2 is proposed to be via an easement across Parcel 1 and crossing the swale onto Ardi.11a Road. STAFF COMMENTS A similar application was submitted for this property plus two other parcels in September of 1980. At that time questions arose concerning the legal status of the other lots and how they were originally cre- ated. Attempts to resolve the problem resulted in the Tentative Map (AT 80-73) approval being allowed to expire. The two lots which were not legally cre ted can now be corrected with Certificates of Compli- ance due to recent amendments to the Subdivision Map Act (Section 66412. 66) since they were created by grant deed prior to March 4 , 1972 Since a means now exists to correct the deficiencies , " this Parcel Map need not be used for that purpose. On Wednesday, August 4, 1982 the Subdivision Review Board met to re- view this Tentative Parcel Map application. In attendance at the meeting were: Shirley Summers, Planning Commissioner; Larry McPher- son, Public Works Director; Fred Buss , Associate Planner ; and Jill Kollmann, Kami Griffin and Vince Kirkhuff, Planning Interns. Lloyd King and his representative, Dan Stewart, were also at that meeting. Items of discussion included the following: 1. Fire hydrant and water line 2. Culvert/crossing-access to Parcel 2 3. Driveway a development condition noted on Map FINDINGS 1. The application conforms' to applicable zoning and subdivision regulations and is consistent with the 1980 Atascadero General Plan. 2. The application as submitted together with the recommended condi- tions will not have a significant adverse effect upon the environ- ment, and therefore , preparation of an Environmental Impact Report is not necessary. RECOMMENDATION Based upon the above Findings, the Planning Department recommends the following: 2 Tentative Parcel Map AT 820713: 1 (Hand) A) Issuance of a Conditional Negative Declaration as follows: 0 1. Adequate Provisions shall be made for drainage and erosion control -and protection in conjunction with site development. 2. That grading and tree removal be minimized during all phases of site and road development. 3. That provision be made for adequate access to each building site including provision for improvements and slope protec- tion; and, B) Approval of Tentative Parcel Map AT 820713: 1 subject to the fol- lowing conditions: 1. Private sewage disposal systems will be an acceptable method of sewage disposal is reports , tests, and design are accept- able. All tests, reports and designs shall conform to meth- ods and guidelines prescribed by the Manual of Septic Tank Practice and other applicable City ordinances. The following shall appear as a Note on the FinalMap: "Appropriate soils reports including a percolation test, a test to determine the presence of ground water , and a log of a soil boring to a minimum depth of ten (10) -feet shall be submitted to the Atascadero Planning Department prior to the issuance of a building permit on each lot. Where soils re- ports indicate that conventional soil absorption systems are not acceptable, City approval of plans for an alternative private sewage disposal system, designed by a Registered Civil Engineer , shall be required. Depending upon the sys- tem, more restrictive requirements may be imposed. a. Private sewage disposal systems shall be located at minimum distances from creek bank and drainage swales as set forth in local ordinance and/or Regional Water Quality Control Board standards in. etfect at the time of installation, and a Note so stating shall appear on the Final Map. 2. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of all parcels prior to filing of the Final Map. 3. Other utilities available to the area shall be extended to the front of each parcel prior to recordation of the Final Map. Any utility easements are to be shown on the Final Map. 4. Drainage and erosion control plans, prepared by a Registered Civil Engineer , shall be submitted for review and approval by the Planning and Public Works Departments prior to issuance of building permits in conjunction with the installation of private driveways or driveway easements. A Note to this ef- fect shall be placed on the Final Map. 3 Tentative Parcel Map AT 820713: 1 (Hand) 5. Plan and profile drawings of proposed -individual driveways shall be submitted for approval by the Public Works --and Planning Departments in order to determine average grade and appropriate improvement requirements at the time of building permits. If average slope exceeds 12%, paved improvement would be a requirement at the time of application for a building permit. Otherwise, an all-weather surface would be required similarly. In no event will driveways be allowed which exceed 20% in slope. Notes to these effect shall ap- pear on the Final Map. 6. With ^re and to improvement standards for the driveway, the following Note shall appear on the Final Map: "Private driveways shall be improved to a minimum width of twelve (12) feet with an unobstructed vertical clearance of fourteen (14) feet." 7. A bridge across the swale providing access to Parcel 2 will be required at the time of obtaining a building permit. Said bridge is to be constructed to support 35,000 pounds as ap- proved by the Atascadero Fire Department, subject to the Planning Department requirement that a building permit be obtained . A Note to this effect shall appear on the Final Map. 8. Evidence shall be submitted indicating that the existing easement to Parcel 1 is legally established for said access. The easement shall be shown on the Final Map. 9. The applicant shall install one fire hydrant generally near the proposed easement to Parcel 2 on Ardilla Road. The size, type and manner of installation and specific location of the hydrant is to be approved by the Atascadero Fire Department. The applicant shall submit a letter certifying the installa- tion prior to recordation of the Final Map. 10. All pipeline and other easements of record shall be shown on the Final Map. A letter shall be submitted from each utility company indicating the nature and extent of any building re- strictions. A Note so stating such restrictions shall appear on the Final Map. 11. Effort shall be made to minimize grading that would be dis- ruptive to the natural topography and removal of existing, mature trees. The following shall appear as a Note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appro- priate permit and compliance with applicable City ordinances. 12. Roof materials for all structures shall be Class C rating or better and a Note to that effect shall appear on the Final Map. 4 Tentative Parcel Map AT 820713: 1 (Hand) 13. A Final Map in compliance with all conditions set forth here- in shall be submitted for review and approval in accordanceIs with the Subdivision Map Act and the City Lot Division Ordi- nance prior to recordation. a. Monuments shall be set at all new property corners cre- ated and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monu- ments have been set prior to recordation of the Final Map. b. 'A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the Final Map. 14 .- Approval of this Tentative Parcel Map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expira- tion date. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and set conditions. TO DENY: Motion setting findings for denial. REPORT PREPARED BY: JILL KOLLMANN Planning Intern REPORT APPROVED BY: LAWRENCE STEVENS Planning Director /ps 5 _ C SITE Nr L4 J . . . . p • • • ♦ • ♦ .` .SAr• �• r •. , 4otAt ,, u • s°• O�.■ �s Oji � � + + j r -�/i a d z • �G re m ! o \' C- /' • �+ Asa-�'2 ` � �• �� , ' ECM ( TY AAA - - -- ' F • • AT 820713. 1 (HAND/KING/STE['aART) �� __ �/� • • 3675 & 3750 Ardilla Road �` �� • Lots 43 , 44 , Block 17 APN- 54-042-56 , 57 s �•�• ■ • •t.♦♦!- !..p `� � �• !rte , o® �s•• ��+_ . n,�,. + f p., UNA it °.'', • �1' •. •b a. �-. � .• \. • •_ a ' ' ' `��` .•° ° � °. `�:�Cb ' `• �o �' 9'�s`�► • :/��' TRAFF � 'may °i R � 3 � N -2-D 2- I -c3'2D �; v A 0 (f A I zysB2 fL—Z-B-2-D A- -- � R-q- - -� G-1- G-I G-1-A US 101 L _ _._t t i y A-3-3n-P TE b ry b P � q-I-2%Z i ,O�JING, /MAP AT 820713: 1 (HAND/P.ING/STE;?°V'ART 3075 & 3750 Ardilla Road o Dots 43, 44 , Block 17 APN: 54-042-56 , 57 2- y 41 4 F�+ r� N }t VIf I .tom ,' _�c�/ <./� ��• / � ' C `O'.• \ r AT 820713: 1 • (HAND/KING/STE?'BART) V �•� r \` = 3675 & 3750 Ardilla Road Lots 43 ,44 , Block 17 ;`\�� APN: 54-042-56 , 57 M E M O R A N D U M TO: CITY MANAG R October 19, 1982 FROM: PLANNING DIRECTOR SUBJECT`: LOT LINE ADJUSTMENT LA 810629:1 LOCATION: 5635 i 5665 Bajada/5370 & 5374 Barrenda APPLICANT': Rober` Newdoll : (Stewart) REQUEST: To ex end the time allowed .to complete requirements for an ap roved lot line adjustment. On October 18, 1932 the Planning Commission reviewed the subject mat- ter approving a `six month time extension subject to the original ap- proval conditions as set forth in the attached Staff Report.` There was no discission as thematterwas on the Consent Calendar . No one else appea sd on the matter LAWRENCE STEVENS MfJRAAY L/--'WARDEN Planning Director Ci y Ma ager Ps i «.K. i' �s�7g CITY OF ATASCADERO 1913 5 q� � Planning Department October 18, 1982 _ T STAFF REPORT SUBJECT: LOT LINE ADJUSTMENT LA 810629:1 LOCATION: 5635 & 5665 Bajada/5370 & 5374 Barrenda APPLICANT: Robert Newdoll (Stewart) REQUEST: To extend the, time allowed to complete requirements for an approved lot lineadjustment. BACKGROUND 1. Existing' Zoning: R-1-B-3-D (506) 2. General Plan: Moderate Density Single Family Residential 3. Site Conditions: The ;subject -lots= slope moderately from Barrenda Avenue down to Bajada Avenue. - A single family residence was con- structed on the southerly ;half of Lots 12 and 13. The residence was inadvertently situated on Lot 12 so as to not provide adequate side yard separation from; Lot 13 which is currently undeveloped. Many trees are 'scattered across both Lots 12 and 13. 4. Project Description: The applicant is requesting a three month time extension for filing a final Lot Line Adjustment Map which was approved by the City Council on September 14 , 1981. STAFF COMMENTS - The applicant is now requesting a time extension in order to complete requirements prior to recordation of the final lot nine adjustment. On ,October 7, 1982 the Subdivision Review Board met to -review the re- quest. No representative appeared at the meeting. A, telephone call on the following day to the applicant' s engineer indicated the appli- cant's need for an 'additional three months. The extension is needed to complete legal' proceedings associated with estate transfers. Staff indicated no reason not to grant the extension. Re: Lot Line Adj stment LA 810629 : 1 (Newdoll) RECOMMENDATION The Planning Depa tment recommends approval of the time extension sub- ject to the condi ions set forth at the time the project was original- ly approved. App oval of this time extension shall expire at 5:00 pm on March 14, 1983 ACTION The Planning Comm ssion should, by motion, direct Staff as deemed appropriate. REPORT PREPARED B FRED BUSS Associate Planner REPORT APPROVED BY. LAWRENCE STEVENS Planning Director Ps 2 lb rj F , 7 100 F1 �l N F9 fro. r � d \. N W -4 (A 9^ SQ N ti` 0 •'� ,. "' e.ate� a !U r � S �I � � •p, N 9 (0 � ��7/_y9 W N — O aN O � � y ®► � � W ti W 'A N �x A _ r� N a w fn C) D `t •C LD � — W- GD N u nn D N � ' Ich Aj OD Alm _ N CAI \ (so w O 0 ti (b \ k� 4r A) ICIV r. CV ti w w MAP LI 810629:1 \G R f', wS- � RT- z E TUNITAS ` �W l0 n M = S rl N M T 0 m 1t .��•,mow JtG., ,1�• tD l .1� o m NQCcnC rn /i ( R N Or �? Q7. ti �`V I Sa-, ,.� --- i�F U riga°00 E t. 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(n y q C Oo o 0 o rel `y I w r p o y o DZ Q) 7 n' 0 _ o � In SITE: L Olq CL 0 CD 0 S LOT / a o /i o a zi o vW.. / LS / l _";4, 41, 10 lav A6J 4 � b a H ju �� ;� '� 20�i f� �• �l { y � � ��� �j� t � a� n s ♦ ZZ IN ` •cl!(''' k, W •�'�a � $ ; Icy � ��, � � '� �, ', � V MAP ts Ul 062 I N C44 70 L �� �� 37 °' -1512f13 - BL - DA M E M O R A N D U M TO: CITY MANAGER October 19 , 1982 FROM: PLANNING DIRECTOR SUBJECT ACCEPTANCE OF PARCEL MAP AT 820312:1 (82=28) LOCATION: 8950-11100 San Marcos Road (Lots 40, 41, Block 15) APPLICANT: Colle ne Yeager (Twin Cities) On June 14, 1982 the City Council approved Tentative Parcel Map AT 820312:1 dividing two lots into three parcels of 2. 5, 2. 5, and 3.4 acres each, subject to certain conditions and in concurrence with the recommendation of the PlanningCommission. The zoning is A-1-2 1/2 and the General Plan designation is Suburban Single Family Residential. Staff review has determined that all con- ditions of approval have been met. On October 18, 1982 the Planning Commission reviewed the Final Map and recommended its acceptance. LAWRENCE STEVENS RAY WARDEN Planning Directo ty nager ps • M E M O R A N D U M TO: CITY MANAGER October 19, 1982 FROM: PLANNING DIRECTOR SUBJECT: ACCEPTANCE OF PARCEL MAP AT 810430:1 (81-88) LOCATION: 2205 San Fernando (Lot 17 , Block 46) APPLICANT: Edith °Hessick (Stewart) On July 13 , 1981 the City Council approved Tentative Parcel Map AT 810430:1 creating three parcels of three plus acres each, subject to certain conditions and in concurrence with the recommendation of the Planning Commission. A time extension was granted on August 23, ;1982. The zoning is A-I -B-V-3-D and the General Plan designation is Suburban Single Family Residential. Staff review has determined that all con- ditions of approval have been met. On October 18, 1982, the Planning Commission reviewed the Final Map and recommended its acceptance. 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F +y;x ori©.� rrE S� PEY/IGNf ..�1 r+,�'�.sp".'+h"„ .-:.�i1'Y #wt '�'.+r�^3"^�.CTiY✓I.! D� �I �'6M/77'EO FOR S -` Q \' P�:i ^j .C'E.dlP.p✓.3S .LJFivT�alA/..rx:s. .Ess+: ....a+..�- .s�ea�orc..wrc�`,.•aww...N. -t�v�er�oi.,,.w•«�w �`"'zw.r�"n'+:m.:�/r*uaw e..o•a .__....._._ .___ ,_ lq M E M O R A N D U M TO: CITY MANAG13R October 19, 1982' FROM: PLANNING DIRECTOR SUBJECT: ANNUA REVIEW OF DEPARTMENTAL REVIEW R810811:1 AND R8.20513:1 LOCATION: 7315 1 Camino Real (Adobe Plaza) APPLICANT: Bob Lawrence dba: "Star Station 101" On October 18 19112 the Planning Commission conducted a public hearing on the subject ma ter unanimously approving continued operation of the arcade subject to- the original conditions as set forth in the attached Staff Report, except that Condition #13 requiring annual review of the arcade was deleted. The Commission` di cussed the following matters related to this request: - questionable need for further annual reviews responsibilities of shopping center owner - past operating history of the arcade Bob Lawrence, app -icant, appeared but made no comment. The following 'per ons <also appeared and commented on- the matter: - Don Chapman owner of "Sugarless Shack" appeared and requested that *the De artmental Review be revoked due to problems that the game arcade caused for his business. No one else appeared on the matter . LAWRENCE STEVENS M Y WARDEN Planning Director C ' ty Ma ager Ps M E M O R A N D U M TO: PLANNING COMMISSION October 18, 1982 FROM: PLANNING DIRECTOR SUBJECT: ANNUAL REVIEW OF DEPARTMENTAL REVIEW R810811:1 AND 8820513:1 LOCATION: 7315 El Camino Real (Adobe Plaza) APPLICANT: Bob Lawrence dba: "Star Station 101" On October 26 , 1981 the City Council, after an appeal hearing, ap- proved Departmental Review R8108111 for Bob Lawrence to operate a game arcade at 7315 El Camino Real (Adobe Plaza) . Included in that approval- was. Condition #13 requiring the use to be reviewed one year from the date of final approval. The condition requires that a pub- lic hearing be held to review the approval and may subjecttheuse to further annual reviews if dete-rmined to be needed at the hearing. Subsequently, Departmental Review R820513:1 was considered and ap- proved allowing an expansion of the operating hours of the arcade. Attached are the pertinent Staff Reports and memos previously con- sidered in conjunction with the game arcade. Additionally, Staff :has contacted the Police Department and school district to review any problems associated with the game arcade. Both agencies noted that no serious problems have developed over the past year. In distributing public hearing notices to the stores in the Adobe Pl:aza, 'seve:ral comments were made as to problems caused by youths on bikes and loitering in the area. FINDINGS" 1. The arcade use has been operated in accordance with approved De- partmental Review for approximately one year . 2. The use has created no direct problemsfor. the Police Department or schools in the area. 3. The *use has had no adverse effect on the abutting property norhas it been detrimental to the public welfare or injurious to property or improvements in the neighborhood. Annual Review of Departmental Review 8810811:1/820513:1 RECOMMENDATION Based upon the above Findings, the Planning Department recommends the approval of the continued operation of the game arcade subject to the conditions of approval for Departmental Review R810811:1 and R820513:1 with the following revision: 1. The elimination of Condition #13 requiring a yearly review by the Planning Commission. ACTION The Planning Comm ssion should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: _ O A sociate Planner REPORT APPROVED B-11: eaaw- 4,440 LAWRENCE STEVENS Planning Director Ps 2 ,t G CITY OF ATASCADERO 1918 �a 1979 Q Planning Deparment June 7, 1982 STAFF REPORT SUBJECT: Departmental Review R820513:1 LOCATION: 7315 E1 Camino Real (Adobe Plaza) APPLICANT: Bob Lawrence dba: "Star Station 101" REQUEST: To change conditions imposed by Departmental Review R810811: 1 for the game arcade BACKGROUND 1. Existing Zoning: C-1-D (519) 2. General Plan: Retail Commercial 3. Environmental Determination: This application is exempt from the requirements of C.E.Q.A. 4. Site Conditions: The site is the present location of the Adobe Plaza Shopping Center . A parking lot exists across the entire frontage of the Center along El Camino Real and provides parking shared by all tenants. 5. Project Description: The applicant is renting an 18' 6"x60' 6" (1120 sq.ft. ) store in which he is operating "Star Station 101" , an arcade with electronic games. There are approximately 20 game machines located against the walls running the length of the store,•; and a change booth and a restroom in one back corner . One of the conditions of the original Departmental Review of the use (D810811: 1) was the following: 114. Hours of operation shall be limited to the following: —Sunday through Thursday 10: 00 a.m. - 9:00 p.m. - Friday and Saturday 10: 00 a.m. - 11: 00 p.m. " The applicant has requested (see attached letter) that the family arcade be alowed to stay open until 11: 00 p.m. on nights before school vacation days; such as Memorial Day weekend, Thanksgiving recess, Christmas vacation, summer vacation and all semester breaks. STAFF COMMENTS The primary reasons for limiting the hours of operation for the game arcade were to minimize potenti*L noise disturbance associated with Departmental Review R820513:1 (Lawrence) late night actio ty on weekdays and to minimize potential vandalism to other stores in the center by maintaining similar hours of operation. Based on Staff' s observation, on the lack of complaints from residen- tial neighbors and other tenants in the center , and on the lack of police response to the arcade business, it appears that these poten- tial problems ha a not materialized. The request is to allow for ad- ditional hours of operation on certain days. Due to the lack of prob- lems, Staff sees no reason why the extension of hours should be lim- ited to holidayc, . If a future problem develops, the hours can always be reduced durinc the annual review or during any nuisance proceeding initiated by the City. FINDINGS 1. The use has lad no adverse effect on abutting property or the per- mitted use t ereof since recommended conditions have been imposed. 2. The modification of operating hours for the game arcade for which the Departm ntal Review is sought will not be detrimental to the public welfare or be injurious to propety or improvements in said neighborhood 3. The project will not have a significant effect upon the environ- ment. RECOMMENDATION Based on the abo e findings, the Planning Department recommends ap- proval of Departmental Review R820513: 1 subject to the following con- ditions: 1. Compliance with Conditions 1-13 established in conjunction with the approval of Departmental Review R810811:1 except that Condi- tion 4 shall be modified to read as follows: 114. Hours of operation shall be limited to 10:00 a.m. - .11:00 M. t ACTION The Planning Comnission should by motion direct Staff as deemed appro- priate. TO APPROVE: Adorlt findings and set conditions TO DENY: Set findings for denial REPORT PREPARED EY: VINCENT KIRKHUFFI v Planning Intern GGV REPORT P_PPROVEDY. _ _ LAV?RENCE STEVENB Planning Director 2 .. _M_E_M_O_R A N_D U M_: TO: CITY MANAGER October 20 , 1981 FROM: PLANNING DIRECTOR SUBJECT: Appeal of Departmental Review R810811: 1 LOCATION: 7315 El Camino Real APPLICANT: Bob Lawrence REQUEST: To allow establishment of a game arcade On October 8, 1981 the attached letter of appeal requesting a formal public hearing concerning the above-referenced project was filed by Ronald J. von Felder, attorney. representing the Sugarless Shack. On September 28, 1981 the City Council concurred with the Staff Report and Planning Commission' s recommendation to conditionally approve the game arcade, as a non-hearing item. The attached minutes summarize the comments both in support of and opposition to the project. On September 8, 1981 the Planning Commission approved the request subject to the eleven (11) conditions in the attached Staff Report with the two added conditions in the attached Memorandum. The following alternatives are available to City Council in consid- ering this appeal: 1) Approve the Departmental Review subject to the Findings and Conditions recommended by the Planning Commission. 2) Approve the Departmental Review subject to additional or re- vised Findings and Conditions deemed necessary to make the use compatible with the surrounding uses. 3) Deny the Departmental Review on the basis that the game arcade is nota permitted use even though so determined by the Planning Commission and Planning Department. Appropriate findings to support this determination must be made. (Note: It has been determined that a game arcade, although not specifically listed in the C-1 Zone, is permitted subject to Departmental Review since it is similar to other uses so listed, such as bowling alley and skating rink. ) Memorandum: Appeal of Departmental Review R810811:1 (Lawrence) Page Two October 20, 19K 4) Deny the Departmental Review on the basis that the game arcade use would, if established, constitute a public nuisance. Sub- stantial findings of fact in support of this action would be essential. 5) Adopt an urgency ordinance establishing a moratorium on game arcades to allow time to study possible zoning techniques and standards for the use. This application could be held in abey- ance pendi g that study but would obviously be delayed for some time. The possible consequences to Alternatives 4 and 5 should be care- fully considered especially since it may be difficult to develop adequate findings for these possible actions. LAWRENCE STEVERS eYUR�RAYY aanager WARDEN Planning Direc or C y / LqP /ps M E M O R A N D U M TO: CITY MANAGER FROM: PLANNING DIRECTOR SUBJECT: Departmental Review R810811:1 LOCATION: 7315 El Camino Real APPLICANT: Bob Lawrence REQUEST: To establish game arcade On Tuesday, September 8, the Planning Commission conducted a public hearing on the game arcade unanimously adopting Findings 1-5 and approving the request subject to Conditions 1-11 as listed in the attached Staff Report with the following added conditions: 12 . This Departmental Review is not transferrable to another business owner. 13. This Departmental Review shall be subject to review one year from the date of final approval by the Planning Commission at a public hearing and may be subject to further annual re- views as determined at that hearing. There was discussion among the Commission expressing concern for the feelings of the shop owners in the Adobe Plaza. It was the Commission' s general consensus that the arcade should be allowed the opportunity to prove itself. It was generally agreed that the conditions, including the added ones above, were sufficient to protect existing tenants while making clear the limits under which the applicant could operate. Norleen Ginther (Ginther's Menswear) , Betty Hale (Santa Lucia Prop. , Shoe Tree) , Earl Murie (Venus de Milo) , and Melanie Karp (Calico Kids) all spoke in opposition to the proposed arcade citing several reasons why they did not want the arcade. These included lack of adequate parking, numerous requests for change, loitering and littering by teenagers, lack of adequate super- vision (as was noted with the previous arcade) , etc. Concern was expressed because of problems with the previous arcade. Bob Lawrence, applicant, concurred with the Staff' s recommendation and expressed his concern over condemnation of the arcade prior to establishment of the use. He stated the business would be family run and he would exercise sound management control over the busi- ness and thesurroundingarea. No one else appeared on the matter. This matter would normally be on the Consent Calendar, but since there is a strong likelihood that discussion will occur, it has E, Departmental Review R810811:1 .Lawrence Page 2 been scheduled o allow such discussion. The Council cannot, however, change the conditions recommended by the Commission or deny the Departmental Review without setting the matter for a formal public hearing. LAWRENCE STEVEN Planning Direct3r LS:ms TO: City Council If Council fee13 this approval should be denied, then it must be scheduled for a full public hearing. A finding would have to be made that, in f ct, the arcade was not permitted use as determined during Departme tal Review and as endorsed by the Planning Com- mission. .T _ (F r,?. i1 � , CITY OF ATASCADERO G �a 1979 r, Planning Department September 8 , 1981 ��SCADERO -STAFF REPORT SUBJECT: Departmental Review R810811 :1 LOCATION: 7315 E1 Camino Real (Adobe Plaza) APPLICANT: Bob Lawrence dba : "Star Station 101" REQUEST: To allow establishment of a game arcade BACKGROUND 1. Existing Zoning: C-1-D 2 . General Plan: Retail Commercial 3 . Environmental Determination: This application is exempt from the requirements of C.E.Q.A. 4 . Site Conditions : The site is the present location of the Adobe Plaza Shopping Center. A parking lot exists across the entire frontage of the Center along E1 Camino Real and provides parking shared by all tenants. 5. Project Description: The applicant is proposing to rent an 18 '-6" X 60 ' 6" (1120 sq. ft. ) store in which to operate "Star Station 101 - an arcade with electronic games. A pool table is also proposed. The floor plan indicates the - - placement of approximately 20 game machines, a change booth and a restroom. The game machines would be located against the two walls running the length of the store. The applicant has indicated the hours of operation of the family arcade to be 10 : 00 a.m, to 11 : 00 p.m. seven days a week. STAFF C014MENTS One problem inherent in zoning ordinances is the coming into vogue of new uses not previously provided for in the ordinance text. Though it may be generally similar in nature to bowling alleys or pool halls, there may be some unique aspects to the use; such as adverse public reaction for certain locations , potential noise problems, public nuisance perceptions , etc. At the present time game arcades are not listed specifically as a permitted use in any commercial zones. However, Staff has determined that an ar- cade is similar to certain uses as described above. (7; Page Two Re: Departmental Review R810811:1 (Lawrence) September 8, 1981 The Planning Commission previously approved an arcade as a proposed use in a recreational facility in an "L" or Recreational zone. The determination at that time rendered a game arcade as a "commercial recreational" use under Section-22 .-62 ,015- Departmental Review Uses . Game arcades• ha e more recently been viewed as undesirable uses because of their tendency to be a "hang-out" for kids . Gatherings occur in and around the business possibly creating an adverse effect on adjacent businesses by blocking walkways, causing noise to the detriment of nearby commercial and residential uses , and even causing police problems. Many of these can be adequately controlled by proper management along with other limitations attached to zoning or license approvals. -FINDINGS 1. The site of the proposed game arcade can be adequate in size and shape to accommodate said use and all parking and other features required by the Atascadero Municipal Code. 2 . Streets in the vicinity of the proposed use are adequate to carry the quantity and kind of traffic generated provided access to residential areas is prohibited. 3. The proposed use will have no adverse effect on abutting property or the permitted use thereof if recommended conditions are imposed and if the use is properly managed. 4 . The establishment and conduct of the game arcade for which the Departmental Review is sought will not be detrimental to the public- welfare or be injurious to property or improvements in said neighborhood. 5. The project will not have a significant adverse effect upon the environment. RECOMMENDATION Based on the above findings, the Planning Department recommends approval of Departmental Review R810811 :1 subject to the follow- ing conditions : Page Three Re : Departmental Review R810811 :1 (Lawrence) September 8 , 1981 1. Site development including interior floor plan and signing and other features shall be consistent with site plans sub- mitted and with modifications as required by other conditions herein. 2 . Permits shall be obtained from the Planning Department for all interior modifications, including the proposed change booth, and for upgrading of electrical service to accommodate increased loads. 3 . Business sign shall conform to approved sign plans for the Adobe Plaza shopping center. 4 . Hours of operation shall be limited to the following: — Sunday through Thursday 10 :00 a.m. - 9 :00 p.m. - Friday and Saturday 10 : 00 a.m. -11:00 p.m.. 5. Provision shall be made for responsible adult (over age 21) management of the business during all hours of operation. 6 . To minimize possible congregating and related noise behind the premises, the rear door shall be used as an emergency exit only and shall be so posted and equipped with any necessary signs and panic hardware as required by the Planning Department. 7 . An occupant load sign with the occupant load to be determined by the Planning Department shall be posted inside the building. 8. Effort stall be made to minimize unnecessary noise and congre- gating at or near the business premises by customers to avoid disturbance to adjacent businesses and residences. If such a public nuisance develops in conjunction with the operation of the business, the Planning Director may set the matter for public hearing by the Planning Commission to consider the revocation of the Departmental Review and/or additional con- ditions deemed necessary to minimize such nuisance. 9. A business license shall be secured and it shall be subject to successful completion of a background investigation as re- quired by the Licensing ordinance. 10 . This Departmental Review approval is granted for a maximum period of one year from the date of final approval unless an extension is granted by the Planning Director pursuant to a written request filed a minimum of ten days prior to the expiration date. t4 Page Four Re: Departmental Review R810811:1 (Lawrence) September 8 , 19B1 11. All conditi ns of approval established herein shall be complied wi h prior to occupancy of proposed use. -ACTION The Planning Copnission should by motion direct Staff as deemed appropriate. TO APPROVE: Ad pt findings and set conditions TO DENY: Set findings for denial REPORT PREPARED BY: MARY E BEATIE Associate Planner REPORT APPROVED BY: LAWRENCE STEVENS Planning Director /Ps t M E M O R A N D U M TO: CITY MANAGER October 19, 1982 FROM PLANNING DIRECTOR SUBJECT: GENE ' L PLAN CONFORMITY REPORT LOCATION: Southeast Corner of San Luis Avenue: and _Curbaril APPLICANT: State of California Department of Transportation REQUEST: To de ermine the conformity of a proposed park-and-ride lot w th the General Plan. On October 18, 19 '2 the Planning Commission considered the subject mutter unanimously adopting the attached Staff ,Report finding the park-and-ride lot to be in conformance. The Commission discussed the matter only briefly. No one else appea ed on the matter. LAWRENCE STEVENS RAY WARDEN Planning Director ty M nager ps Roos 1 t is s G C , 'c ' i 79 8 CITY OF ATASCADERO Planning Department October 18 1982 STAFF REPORT SUBJECT: General Plan Conformity Report LOCATION: Southwest Corner of San Luis Avenue and Curbaril APPLICANT: State of California Department of Transportation REQUEST: To determine conformity of a proposed park and ride lot with the General Plan. BACKGROUND 1. Existing Zoning: None 2. General Plan: None 3. Site Conditions: The subject site is bounded by Curbaril, Highway 101 and San Luis Avenue and is a triangular, piece of property which is surplus State and County right-of-way from 101. It is flat with no existing improvements. The surrounding area is zoned and developed with commercial uses. 4. Project Descriptions CalTrans proposes to pave this small piece of surplus property to accommodate 12-15 parking spaces for use in conjunction with park-and-ride programs. STAFF COMMENTS Neither the Circulation nor the Land Use Elements of the General Plan containany proposals concerning park-and-ride facilities. In addi- tion, the subject site is not zoned nor is it designated for a partic- ular land use since it is relatively small and is surplus highway right-of;-way. Its size and shape preclude reasonable use for much other than the current proposal. The City does, however, support the Regionl Transportation Plan ' which encourages park-and-ride facilities to achieve its goals and policies. There are several existing such facilities in the City including: St Williams Church parking lot - Highway 41 right-of-way next to Quail Ridge - Santa Barbara Road at Highway 101 • Re: General Plan Conformity Report Clearly, the prof ct is not inconsistent with the General Plan or its intent. FINDINGS 1. The proposed ark-and-ride facility and its location is not incon- sistent with the 1980 Atascadero General Plan. 2. The project is consistent with the Regional Transportation Plan which the City supports. RECOMMENDATION Based upon the above Findings, the Planning Department recommends that the park-and-ride facility at Curbaril and San Luis Avenues be deter- mined to be in conformance. ACTION Direct Staff by m tion as deemed appropriate. .REPORT PREPARED/APPROVED BY: /az��x 4'��w LAWRENCE STEVENS Planning Director Ps 2 All, L1_/ 4jtbL 4M q-q-y, STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY E MUND G. BROWN JR.,Governor DEPARTMENT OF TRANSPORTATION P.O. BOX L,SAN LUIS OBISPO 93406 TELEPHONE: (805) 549-3111 September 8 1982 �►'L �� . a�_2 Murray L. Warden �� 3 Director of Public Works - --------__ P. O. Box 747 Atascadero,.'•CA 93423 _.,. Attention Larry McPherson Dear Larry : This is in follow up to our phone conversation of last week concerning possible Park & Ride sites in the City of Atascadero. As you know, Caltrans is interested in constructing a Park and Ride lot at Route 101 and Curbaril Avenue on State and County right of way. (The location is shown on the attachment) . This lot would be about 12 to 15 spaces in size and would access from San Luis Avenue. It would cost under $25 , 000 and Caltrans would finance and administer the construction contract. This lot would serve the people who had been parking at the corner of Curbaril Avenue and El Camino Real before it was developed as a motorcycle sales business . Please submit your comments to me concerning this proposal . If it appears satisfactory to the city, then Caltrans will begin the plans , specifications and the estimate for the project . The only. thing required from the city would be a construction encroachment permit. If further information is needed , please don ' t hesitate to call me at 549-3139 . Sincerely, A. C. Carlton ` District Park $ Ride Coordinator Attachment M E M O R A N D U M TO: CITY MANAGER October 19, 1982 FROM: PLANNING DIRECTOR SUBJECT: BUSIN7,SS LICENSE FOR "Shamrock Card Parlor" LOCATION; 7381 1 Camino Real (Adobe Plaza) APPLICANT: Bruce Valentine and Jack Glasby REQUEST: To es ablish a card room consisting of three tables. Section 636.010 o the Business License Ordinance requires City Coun- cil approval of a business license for a card room. The Council may "limit the number of such licenses which, in its judgement, shall be for the best ince est of the public peace, safety and welfare. " There is one existing c rd' room (two tables) located at 5940 El Camino Real. The Police Chief ias conducted background investigations of both ap- plicants and finds no, reason not to grant the license. • With regard to zoning, "card room" is not now listed as a permitted use in any zoning district, but it seems reasonable to consider the use as similar to a "bar" which is permitted in all commercial zoning districts. The subject property is zoned C-1-D (519) . Parking is not a factor in this case due to existingimproved parking available to all tenants within the shopping center. RECOMMENDATION Staff recommends hat a business license for the "Shamrock Card Parlor" at 7381 El Camino Real be issued to Bruce Valentine and Jack Glasby. 16umw, LAWRENCE STEVENS MURRAY L WARDEN Planning Director City Manager Ps MEMO RAN D U M TO: City C uncil FROM: City Manager SUBJECT: Staffo 'd/Julian Claim DATE: Octobei 21, 1982 The latter part of September, we received a notice of claim on behalf of Alan Julian for injuries from an accident at the intersection of San Marcos and Portola. The claim alleged City' s responsibility because of no pre-intersection signs warning of a stop at the intersection,,. The claim amount was for $1,500,000. Thematter has now been received by Carl Warren Company, our gen- eral liability alaims administrator for our Joint Powers agency. . Because of the circumstances, they will do a full work-up of the matter . It is their presentopinion that liability appears very questionable a d it is their recommendation that the claim be rejected. Accordingly, the matter is placed on the Consent Calendar for your dental. M RAY WARDED' MLW:a • • s M_E M_O_R A N_D 'U_M TO: City CdFuncil FROM: City Manager SUBJECT: Rochelle prezoning DATE: October 21, 1982 The attached memo from the Planning Director includes a reso- lution incorporating the findings of the Planning Commission de- nying the Rochelle prezoning. This action is in accordance with your instructio s of October 11, 1982. As you will note in the memo, reference is made to the City Staff being; u 'able to complete the original ordinance approving the prezoning. I would like to emphasize that there simply was not enough time for the ordinance to be completed in considera- tion of the need for accuracy and clarity of content. Removal of that ordinance from the agenda of October <llth was dictated sole- ly by these administrative problems. • Should Council decide to open the issue for re-hearing and come to a different conclusion than now exists as a result of your last meeti g, then we will bring back to you a completed ordinance reflecting those findings. In the meantime, the at- tached resolution incorporates the findings made -by the Planning Commission and appears to address the issues raised at your pre- vious hearings. jM L ARDE f1��m►JWq AJ41 W s ad W,rAon 10 /V�,15on �e�14er' �IL -