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HomeMy WebLinkAboutAgenda Packet 03/26/1991 # PUBLIC REVIEW COPY PLEASE DO NOT REMOVE FROM COUNTER AGENDA ATASCADERO CITY COUNCIL REGULAR. MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM MARCH 26, 1991 7:00 P.M. This agenda is prepared and posted pursuant to the require- ments of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be tak- en shall includes A referral to staff with specific requests for information; continuance; specific direction; to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and, disapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk, available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. RULES OF PUBLIC PARTICIPATION: * Members of the audience may speak on any item on the agenda. * A person may speak for five (5) minutes. * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comment: Proclamation: "Earth Day Celebration", April 5-21, 1991 1 COMMUNITY FORUM: The City Council values and encourages exchange of ideas and g g comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the effectiveness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any Council Member, commissions & staff. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are consid- ered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar. 1. FEBRUARY 26, 1991 CITY COUNCIL MINUTES 2. CITY TREASURER'S REPORT'- FEBRUARY, 1991 3. FINANCE DIRECTOR'S REPORT - FEBRUARY, 1991 4 NOTICE OF RESIGNATION OF JOHN ' EDENS, JR. FRO14 BUILDING & CONSTRUCTION BOARD OF APPEALS and REQUEST OF CITY CLERK TO RECRUIT FOR REPLACEMENT 5. RESOLUTION NO. 25-91 - AUTHORIZING APPLICATION FOR STATE HIS- TORICAL PRESERVATION GRANT B. HEARINGS/APPEARANCES: 1. TENTATIVE PARCEL MAP 18-90, 7970 SINALOA AVE. Consideration of Conditions of Approval (Best/Cuesta Engineering) 2. ZONE CHANGE 6-90/TENTATIVE TRACT MAP 30-90, 5160/5180 PALMA. AVENUE - Request to establish a Planned Development Overlay Zone (PD) and to allow subdivision of two Colony lots into six lots ranging in sire from 51194 square feet to 6,958 square feet each. (Hazard/Tartaglia-Hughes) (continued next page. . . ) 2 A. Ordinance No. 219 - Amending Map 16 of the official zon- ing maps by rezoning certain real property at 5160 and 5180 Palma Ave. from RMF/10 to (PD7) (Recommend motion to waive reading in full and approve on first reading by title only) B. TTM 30-90 - Approve, subject to the Planning Commission' s Findings and Conditions of Approval C. REGULAR BUSINESS: 1. DRAFT SIGN ORDINANCE - CHAMBER OF COMMERCEREQUEST FOR CITY TO CONSIDER PROPOSED SIGN ORDINANCE 2. WATER ISSUES A. Informational Memos B. Cooperative Agreements with Water Company 3. TRAFFIC SIGNAL INSTALLATIONS ON MORRO ROAD A. Authorization to borrow Federal Aide Urban (FAU) funds from Grover City, Paso Robles and, possibly, Morro Bay to provide local match for three signals on Morro Road B. Resolution No. 26-91 Approving and authorizing execu- tion of a Cooperative Agreement between the City and the State of California for the installation of (3) traffic control devices (Hwy. 41 @ Ataacadero Ave. , Hwy. 41 @ Portola Rd. ,_ and Hwy. 41 @ Curbaril Ave.)' D. INDIVIDUAL DETERMINATION AND/OR ACTION: ` 1. City Council: A. Committee Reports (The following represents ad hoc or standing committees. Informative status reports will be given, as felt necessary. ) : 1. City/School Committee 2. North Coastal Transit/S.L.O. Area Coordinating Council 3. Traffic Committee 4 Solid/Hazardous Waste 'Mgmt. Committee 5. Recycling Committee 6. Economic Opportunity Commission 7. B.T.A. 8. Downtown Interim Sign Committee 3 2.- City Attorney 3. City Clerk 4. City Treasurer 5. City Manager * NOTICE: THE COUNCIL ;WILL ADJOURN TO 3:00 P.M. , FRIDAY, APRIL 5, 1991, 4TH FLOOR CLUB ROOM, FOR CLOSED SESSION DISCUSSION REGARDING PROPERTY PURCHASE, PERSONNEL AND POTENTIAL' 'LITIGATION MATTERS. AT APPROXIMATELY 4:30 P.M. , THE COUNCIL WILL CONVENE IN OPEN SESSION FOR A WORKSHOP TO INCLUDE DISCUS- SION ON THE FIVE-YEAR CITY CAPITAL IMPROVEMENT PROGRAM, THE STATUS OF SS' 169; AND POSSIBLE STRAT- EGIES, AND AN UPDATE ON THE CITY'S ROADS POLICY. 4 P R O C L A M A T I O N EARTH DAY CELEBRATION IN THE CITY OF ATASCADERO April 6 - 21, 1991 WHEREAS, The people of San Luis Obispo County will celebrate Earth Day with a full week of events, culminating in the Earth Day Faire; and WHEREAS, Events throughout the County will begin on April 6th and go through April 21st, and an Earth Day Faire will be held on April 21st at E1 Chorro Regional Park from 10: 00 a.m. to 5: 00 p.m. ; and WHEREAS, Earth Day 1991 activities and events will educate all citizens on the importance of their environment and promote an environmental awareness; and WHEREAS, Earth Day 1991 will be the result of local citizens that include business, media, religious, political, labor, academ- ic, cultural and environmental leaders reaching beyond existing environmental constituencies; and WHEREAS, Cities and counties have an important roll to play in Earth Day to help solve the environmental and natural resource problems, because they make many important decisions that shape our environmental future; and WHEREAS, Local governments can make an enormous contribution towards building understanding of programs such as ride-sharing, recycling, energy and water conservation, and hazardous waste reduction by supporting Earth Day 1991. NOW, THEREFORE, BE IT PROCLAIMED that Earth Day, 1991, shall be observed during the period April 6th through April 22nd in the City of Atascadero, and the City Council hereby urges the citizens of our community to observe this period as a time for environmental awareness and action through participation in community programs, events and activities. ROBERT B. LILLEY, Mayor City of Atascadero, CA Dated: March 26, 1991 MEETiN� AGENDA OA 3T91ITEM ATASCADERO CITY COUNCIL MINUTES FEBRUARY 26, 1991 At 6: 10 p .m. , Mayor Lilley called to order an open session for- the purpose of mid--year budget review. The Pledge of Allegiance was deferred -1ntil commencement of the regular session at 7:00 p .m. ROLL CALL: Present : CoUncilmembers Borgeson, Shiers, Dexter and Mayor Lilley Absent : Councilman Nimmo ( arrived e:40 p .m. ) Also Present : Muriel Korba, City Treasurer and Lee Dayka, City Clerk Staff Present : Ray Windsor , City Manager ; Art Montandon, • City Attorney ; Mark Joseph , Administrative Services Director ; Henry Engen, Community Development Director ; Greg Luke, Public Works Director ; Andy Takata, Director of Parks, Recreation & `oo ; Bud McHale, Police Chief; Mike Hicks , Fire Chief and Kathy Stewart , Eng . Tech . II MID-YEAR BUDGET REVIEW: The City Manager presented the Mid-Year Budget status report and noted that no major modifications were being requested . He explained that certain overall adjustments were recommended and summarized them as salary adjustments, added costs to fund a water study and supplement General Plan Update E. I .R. costs , monies to be set aside for public education on recycling and the reappropriation of encumbrances. Mr . Windsor asked Council to review these adjustments and give staff direction to prepare the necessary resolution for adoption. In addition, the City Manager noted that in March of 1991 , the County would be holding public hearings relating to potential implementation of S92557 , The City, Mr . Windsor reported , could be faced with approximately $140,000 in County Jail Booking fees CC2i26/91 • Page 1 and Property Tax Administrative fees . He added that County staff are recommending that the Board of Supervisors adopt theGe new charges retroactive to July 1 , 1990. The Administrative Services Director , Mark Joseph , availed Himself for questions. Council inquiries followed egarding revenues , salary negotiations, expenditures for risk management and reappropriatlon of encumbrances. He explained that the latter were monies charged to the current year which were actually incurred the previous fiscal year . By common consensus, Council directed staff to bring back the necessary resolution approving the mid-year budget at the next regular meeting. FIVE YEAR CAPITAL IMPROVEMENT PLAN (C.I .P. ) : The City Manager introduced the topic for discussion explaining that the five-year C. I .P. is a guideline which allows the Council and community to see what kinds of projects or programs are being proposed for the future. At this time, Mr . Windsor referred to a portion of the staff report ( print-out prioritizing projects) and asked the Public Works Director to present an overview of the recommendations . He clarified that the projects only become a fiscal commitment when Council decides, as part of the budget , to • incorporate any or all of the listed items . The City Manager added that some of the items had already been included ! and in some cases, completed ) as part of the existing fiscal year budget . Greg Luke , Public Works Director , gave an overview of recommended projects and noted that there had not been any new projects added to the current year ' s budget . He explained that under the C. I .P. for his department, there is available a large sum of gas tax revenue designated for Public Works projects . Mr . Luke clarified that although the money has been allocated , the actual projects have not been chosen and indicated that he was looking for Council direction in making the selection. The City Manager interjected that historically staff has asked Council to authorize certain monies in the bud9et based on the amount of gas tax expected supplemented by Local Tr-ansportation Funds (L.T.F. ) or other sources; once this has been done, staff then asks Council to approve making the expenditures. He continued tnat this has not yet been done for the current fiscal year and recommended that , because of the amount of money being bu L 1 t up , Counc i i take a look at the area of gas t. >: al '.o,_ation and determine project CC2i26/91 Page 2 • • Councilwoman Borgeson referred to the Public Works Director ' s staff report !2/19/91 Possible use of Gas Tax Funds to Supplement Assessment Districts; and indicated that she was in support of Recommendation #1 ( to closely examine regulations on the use of Gas Tax funds ) . The City Manager added that all three recommendations were of merit and stated that •he was looking for approval from Council to begin working on them. Responding to the mayor , Mr . Luke clarified the first three projects listed under "Bridge Projects" , noting that each should be read as follows : " the bridge on Monterey Road that crosses Graves Creek Road ; the Garcia Road bridge that crosses Graves Creek ; and the Santa Cruz bridge that crosses Graves Creek Road Mr . Windsor added that these projects were at one point high priority, even with the State who was putting in the bulk of the funds. Since the earthquake in Santa Cruz , he explained , the State has removed the funding and it is not known at what point it will be replaced into the budget Mayor Lilley protested that Public Works was asking for policy direction without giving Council enough data to support the request . The City Manager proposed conducting a study session in which the Council could take a look at the C. I .P. and the future • of the community . He added that there were additional matters of importance Council may wish to address during this session. Mayor Lilley and Councilwoman Borgeson both expressed support for a work session, to study the C. I .P. Councilwoman Borgeson added that although she had no problem with the list of project priorities recommended by the Public Works Director , she would like to have input regarding specifics, i .e. , types of bridges constructed , etc . Mr . Lube explained the process of priority ranking and indicated that staff could provide more detail on each project during a workshop . Councilman Dexter remarked that he was agreeable to a study session. The City Manager asked that the matter- be continued until Councilman Nimmo arrived later in the evening . Council concurred with the request . Mr . Windsor also requested that Council add to the scheduled closed session following the regular meeting an urgency item relating to the Pavilion bid award . CC2/26/91 • Page 3 At 7:00 p .m. , Mayor Lilley convened the regular session. At this • time, he recognized and welcomed Kent Lowe, Scout Master , and his local Boy Scout Troop #104 , who had come to observe. - Mayor Lilley noted that the roll call would remain the same and asked Councilman Dexter to lead the Pledge of Allegiance. All present joined in silent prayer and recognition of sacrifices made by armed forces in the Middle East . COUNCIL COMMENTS: Mayor Lilley acknowledged a letter of appreciation addressed to the City of Atascadero from Gary J. Bridges, LTC, Department of the Army , 3rd Battalion stationed in Saudi Arabia. The mayor read out loud the letter which was written on December b, 1990 thanking the City staff for the care packages sent to the troops during the Christmas Holiday season. Councilwoman Borgeson reported that she had been asked by a member of the public if the City has a water conservation program. She announced that there is, in place, a Water Conservation Task Force and asked the City Manager to give more information about this group . Mr . Windsor replied that staff has taken the initiative to begin • gathering data preliminary to making conservation recommendations to Council . The committee, he reported, is headed by Fire Chief Mike Hicks and would be working hard to get the information to Council as quickly as possible. in addition, the City Manager announced that Atascadero Mutual Water Company is going to participate and share information with the City , and that they would be conducting an open public hearing early in March . Councilwoman Borgeson reported that she had r-eceived calls from the community expressing dissatisfaction with the recently approved rate increase for Wil-Mar Disposal ; and in addition, concerns relating to the proposed collection bag . Ms . Borgeson indicated that she would like to accelerate the review of the rate structure.. The City Manager responded that this could be done and to the benefit of all concerned . Mayor Lilley commented that when he approved the Paste collection rate increase, he expected that Wil-Mar would handle it gently and revealed that he had received many calls himself . He stressed that good communication with the public is necessary. Both Councilman Dexter and Councilman Shiers reported that they, Page 4 • • too , had received similar complaints from the community. Mr . Windsor acknowledged the presence of Bill Gibbs (Wil-Mar Disposal ) and remarked that the garbage company would be extending their office hours to better facilitate services and added that the City was endeavoring to work closely with Wil Mar . COMMUNITY FORUM: Doug Lewis , 5589 Tunitas , recounted a recent incident involving an anonymous complaint made against him to the Fire Department regarding a controlled burn. Mr . Lewis explained that he had phoned ahead to ensure that he would be burning on an allowable day and believed himself to be following the regulations for backyard burning . He asserted that he was upset that the caller did not identify him/herself and that the caller was not told that Mr . Lewis was burning as allowed . Henry Hank Adams, President of the Atascadero Democratic Club , announced that the group would be participating in the local celebration of Arbor Day by planting a native oak in memory of Ian McMillian at the Traffic Way Ballfield . Mr . Adams asked if Council would designate the tree as a heritage tree. The City Manager assured him that staff would do the right thing . • Whitey Thorpe, Santa Ynez resident , congratulated the Boy Scout Troop for observing the City Council meeting . A. CONSENT CALENDAR: Mayor Lilley read the Consent Calendar , as follows: 1 . FEBRUARY 12, 1991 CITY COUNCIL MINUTES 2. CITY TREASURER'S REPORT —JANUARY, 1991 3. FINANCE DIRECTOR'S REPORT - JANUARY, 1991 4. ORDINANCE NO. 218 - Amending Map 7 of the official zoning maps by rezoning that certain real property described as Lot 3, Pine Mtn. Park of Atascadero , recorded in Book 4 at Page 76, S.L .O. County official records, from LS (Special Recreation) to LS(PD7) (Planned Development No . 7 ) (Noakes/RRM Design Group ) ( Second reading and adoption) 5. ORDINANCE NO. 214 - REVISED TREE ORDINANCE - Repealing Chapter 19 of Title 2 and Section 9-4 . 155, and adding CC2/26/91 • Page 5 Chapters 11 , 12 and 13 to Title 9 of the Atascadero • Municipal Code regarding tree protection (Second reading & adoption) 6. TENTATIVE PARCEL MAP 25-90, 9755 ENCHANTO ROAD - Division of 9. 14 acres into two parcels of 4 .99 and 4 . 16 acres (Render- son/Vaughan Surveys ) Brief Council discussion followed regarding the current policy of placing the second reading of ordinances on the Consent Calendar . The City Manager pointed out that the matter was on the agenda under regular business ( see Item #C-2) . At this time, the mayor asked if there were any requests to pull any of the items from the Consent Calendar . Councilwoman Borgeson requested that Item #A-4 be pulled . Councilman Shiers noted that the description of Item #A-6 should be amended to include the following : "TentativeParcel Map _ 25-90, 9755 Enchanto Road Acceptance of Final Map" . MOTION: By Councilman Shiers and seconded by Councilman Dexter to amend Item #A-6; motion carried . The City Clerk asked that Item #A-1 be continued until the next regular meeting . • MOTION: By Councilman Dexter and seconded by Councilwoman Borgeson to continue Item #A-l ; motion carried . Doug Lewis , of Atascadero , asked that Item #A-5 be pulled for a separate vote. MOTION: By Councilman Dexter and seconded by Councilman Shiers to approve Items A-2, A-3 and A-6 as amended ; motion unanimously passed by roll call vote. Discussion of Items pulled from the Consent Calendar : 4. ORDINANCE NO. 218 - Amending Map 7 of the official zoning maps by rezoning that certain real property described as Lot 3, Pine Mtn. Park of Atascadero , recorded in Book 4 at Page 76, S.L.O. County official records, from LS (Special Recreation) to LS(PD7) (Planned Development No . 7) ( Noakes/RRM Design Group ) ( Second reading and adoption) Councilwoman Borgeson asked that Ordinance No . 218 be read by title only and stated that she wanted it on the record that she was in opposition to the rezoning . Councilman Shiers indicated CC2/26/91 Page 6 • • that he, too , was not in favor of the ordinance. MOTION: By Councilman Dexter and seconded by Mayor Lilley to approve Item #A-4 , adoption of Ordinance #218, on second reading . The voice vote on the motion resulted in a 2:2 vote; with Councilmembers Borgeson and Shiers opposing . ' The City Attorney advised that on a split vote no action could be taken; Council could , he remarked , continue the matter until _ later in the meeting when Councilman Nimmo would be present . MOTION: By Councilman Dexter and seconded by Mayor Lilley to remove Item #A-4 and resubmit it later in the agenda; motion carried 3: 1 with Councilwoman Borgeson voting against the continuance. 5. ORDINANCE NO. 214 REVISED TREE ORDINANCE - Repealing Chapter 19 of Title 2 and Section 9-4. 155, and adding Chapters ll , 12 and 13 to Title 9 of the Atascadero Municipal Code regarding tree protection (Second reading & adoption ) MOTION: By Councilman Dexter and seconded by Councilman Shiers to approve Ordinance No . 214 on second reading ; motion carried 4 :0, with Councilman Nimmo absent . B. HEARINGS/APPEARANCES: 1 . SAN MARCOS ROAD EXTENSION - TREE REMOVAL REQUEST (Cont ' d from 1 /8/91 meeting - Applicant requests a 90-day extension) A. Appeal of Negative Declaration ( Joan O ' Keefe) B. Tree removal request Henry Engen reported that the applicants had ,made a request for a 90-day continuance with the understanding that they would waive any statutory response time deadlines. He acknowledged the presence of Glen Lewis, attorney for the applicants . Mayor Lilley asked the appellant , Joan O ' Keefe, if she had any objection to the continuance. Ms. O ' Keefe indicated that she did not . Mr . Lewis , in response to the mayor ' s inquiry , confirmed that the request for continuance had been requested by him on behalf of the Davis Family Trust . MOTION: By Councilman Dexter and seconded by Councilman Shiers to continue the matter for ninety days ; motion carried . CC2/26/91 • Page The City Manager advised Council to announce a meeting date. Mr . • Engen suggested May 14 , 1991 . MOTION: By Councilman Dexter and seconded by Councilman Shiers to continue the matter until May 149 1991 ; motion carried . C. REGULAR BUSINESS: 1 . PAVILION — PHASE II BID AWARD The City Manager suggested continuing this agenda item until later in the evening when Councilman Nimmo would be present . MOTIONS By Councilwoman Borgeson and seconded by Mayor Lilley to continue this matter as Regular Business Item #6; motion unanimously passed . 2. COUNCIL AGENDA FORMAT — ORDINANCE ADOPTIONS The City Manager requested , in light of comments from the Council and public , direction be given regarding the placement of second readings on the agenda , He asked that Council acknowledge whether or not they wanted to continue placing these matters on the Consent Calendar or whether they would prefer to hear them under Regular Business . Councilman Dexter stated that he had no objection to the present format , but recognized the confusion associated with split votes on ordinances. Councilwoman Borgeson reiterated that she did not want second readings of ordinances on the Consent Calendar and stated that was in favor of hearing them under Regular Business. Councilman Shiers concurred . There was no public comment . By common consensus, staff was directed to place second readings of all ordinances on the agenda under Regular Business. 3. RESOLUTION NO. 12-91 - ESTABLISHING ATASCADERO ECONOMIC ROUND TABLE Mayor Lilley introduced the item and announced that appointee, Richard Shannon, had advised him that he would not be able to serve on the Pound Table and wished to have his name removed from the proposed resolution. CC2/26/91 Page 3 • • The City Manager reported that Mr . Shannon ' s withdrawal would result in a membership of twelve and explained that the format of the resolution was to provide guidance for the committee. , Councilwoman Ber-geson thanked staff for using great care acid craftsmanship in preparing the resolution, and stated that she was supportive of formirig the Round Table. She indicated . however , that s`-ie had a problem with putting the committee in place by resolution because it may appear to be of similar standing to the Planning Commission . Mr . Windsor noted that the Round Table would be unique in that it would meet only as necessary to address issues. Henry Engen clarified that the Planning Commission and other formal advisory bodies are established by ordinance and specific appointments are made by resolution. Councilwoman Sorgeson asserted that she could support a motion to put the Round Table into place, but strongly opposed establishing it by resolution. Councilman Dexter remarked that it would be sufficient to simply establish - the committee by action of the Council . Councilman Shiers agreed . There were no public comments. • MOTION: By Councilman Dexter and seconded by Councilman, Shiers that the City Council of At:ascadero establish the Economic Round Table and define its ' purposes and specific membership as outlined in proposed Resolution No . 12-91 ; motion carried 4:0. 4. BUDGET REVIEW — 5—YEAR CAPITAL PROGRAM MOTION: By Councilman Dexter and seconded by Councilman Shiers to zontinue this matter as Item #C-7 under Regular Susiness ; motion carried . The City Manager noted , for the public , that in light of earlier discussion, this matter may be put over to a City Council study session. 5. COUNTY SATELLITE FACILITIES Councilwoman Borgeson submitted her February 19, 1991 statement to the Board of Supervisors ( see Exhibit A) requesti .-ig satellite offices in the North County. She asked that the Council back her request by adopting a resolution of support . CC2/26/91 • Page 9 Brief Council discussion followed regarding possible locations of • office space. By common consensus, Council directed staff to bring back a resolution endorsing the efforts of Supervisor Ovitt 's initiative to obtain satellite facilities for ' County services in the North County. Mayor Lilley called a recess at 8:08 p.m. The meeting was reconvened at 8:22 p.m. MOTION: By Councilman Dexter- and seconded by Councilman Shiers to move on to Individual Determination and Actions; motion carried . D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 • City Council : A. Committee Reports - The following represents status reports on the following committees: 1 . City/School Committee - Councilman Dexter reported that the committee had met and discussed funding cooperation between County./Cities & Schools . Mr . Windsor reported • that he had shared with the School District the resolution of opposition to S32557 (Resolution No . 1- 91 ) , adding that the School District was in support . He noted that the committee would be meeting again on Thursday, February 29, 1991 . The City Manager also announced that there would be a meeting in San Luis Obispo also on Thursday, February 28, 1991 called by the City of San Luis Obispo inviting all the City Managers, Police Chiefs and School Superintendents. He explained that the meeting would be for the purposes of planning possible strategies relating to SB2557 and SB169 and would not open to the public . Mr . Windsor further indicated that he would share with Council the outcome. 2. North Coastal Transit/S.L.O. Area Coordinating Council Councilwoman Borgeson reported that the next meeting would be on March 12, 1991 . 3. Traffic Committee - The Public Works Director reported that there would be action items on the next agenda. CC2/2b/91 Page 10 • • 4. Recycling Committee Councilman Shiers reported that the committee had met on February 21 , 1991 and discussed implementation of free yard waste picF -up ; which is scheduled to begin on April t , 1991 . In addition, he reported that Sharon Morin had resigned as member-at-large. Councilman Shiers noted that because cf the large size of the committee and the committee ' s appointment policy , no recruitment would be necessary. 5. Economic Opportunity Commission - Councilman Dexter briefly explained the services offered by the E.O.C. 6. Interim Sign Committee - Mayor Lilley reported that a meeting was scheduled with the Chamber of Commerce for Monday, March 4 , 1991 and would be for the purpose of hearing the Chamber of Commerce ' s proposed sign ordinance. 2. City Attorney Mr . Montandon reported that he and another attorney from Burke, Williams and Sorenson ( firm representing the City of Atascadero) met with the attorney from Wells Fargo Bank in an attempt to resolve in a legal manner the issues surrounding the Colony Roads . He explained that the meeting had been very productive • and another meeting was scheduled for the coming week . The City Attorney indicated that he hoped to be able to convene a meeting of the Road Committee sometime during the month of March to discuss the matter . 3. City Clerk The Clerk gave a brief report on her recent attendance at a session of C.E.P.O. (Continuing Education for Public Officials) and announced that she had been appointed by the Secretary of State as a Notary Public . In addition, she reported that she was currently doing research on records retention requirements and would be coming back later in the year with recommendations for implementing a records management plan for the City of Atascadero . 4. City Treasurer Micki Kor-ba made a minor correction to the January Treasurer ' s Report (under Miscellaneous - the percentage should be 645;:) . In addition, she reported that approximately $20, 000 far- Garcia Road Extension tree removal fines was owed to the Tree Fuad . CC2/26/91 • Page 11 Brief discussion followed regarding the Treasurer ' s Report format • and graphic illustrations of revenues and expenditures provided by the Treasurer , MOTION: By Councilman Dexter and seconded by Councilman Shiers to adjourn to closed session for the purposes of discussions relating to property acquisition and potential litigation; motion carried . The City Attorney read into the record the items for discussion in the closed session , as follows: "To discuss with the City ' s property negotiator the acquisition of certain properties, which are as follows: The five lots owned by Mr . Guidry at approximately 9080 Amapoa Street , one lot owned by Mr . Porter at 9420 Marchant Avenue, two parcels comprising of the Davis/King property located on Capistrano ; which is legally described as portion of Lot 3, Life Residence Park , Atascadero Colony and a 26-acre parcel known as Stadium Park currently owned by Mr . Fluet . Additionally, Council is adjourning to discuss a matter of potential litigation pursuant to Government Code Section • 54956.9 . " (Councilman Nimmo arrived at 8:40 p .m. ) The open session was adjourned to closed session at 8:44 p.m. On a motion by Councilman Dexter , seconded by Councilman Nimmo and by unanimous vote, the closed session was adjourned at 9:20 p .m. At 9:21 p.m. the open session reconvened and continued items of regular business were heard, as follows: * PAVILION - PHASE II BID AWARD The mayor advised that all bidders reportedly were responsible and read proposed Resolution No . 13-91 awarding the contract to Darren Shetler Construction Company of San Luis Obispo . Darren Shetler , 1000 Garcia Road and owner of Darren Shetler Construction, provided background on his education and experience. He asked that Council award the contract to him based on his gUalifications . MOTION: By Councilman Nimmo and seconded by Councilman Dexter to adopt Resolution No . 13-91 ( authorizing the CC2/26/91 Page 12 • execution of an agreement g ement with Shetler Construction for construction of the Atascadero Lake Park Pavilion) ; motion unanimously carried by roll call vote. The mayor Clarified that- Council was approving the base bid in the amount of $1 ,261 ,418.00. BUDGET REVIEW - 5-YEAR CAPITAL PROGRAM Mayor Lilley summarized the earlier discussions and indicated that the Council was considering a work session to review not only the 5-Year C. I .P. , but also strategies in making decisions regarding implementation of S32557, road policies, organization of city hall and matters relating circulation and traffic . Councilwoman Borgeson asked that at least four hours be scheduled for such a workshop . By Council consensus, the City Manager was asked to schedule a study session on a date prior to April 1 , 1991 . The City Manager indicated that he would come back to Council on the final selection of a date. ( The following matter was pulled from the Consent Calendar and • continued for- further action by full Council . ) * ORDINANCE NO. 218 - Amending Map 7 of the official zoning maps by rezoning that certain real property described as Lot 3, Pine Mtn. Park of Atascadero , recorded in Book 4 at Page 76, S.L .O. County official records , from LS ( Special Recreation) to LS(PD7) (Planned Development No . 7) (Noakes/RPM Design Group ) ( Second reading and adoption ) MOTION: By Councilman Dexter 'and seconded by Councilman Nimmo to adopt Ordinance No . 218 on second reading ; motion carried on a 3:2 with Councilmembers Shiers and Borgeson voting in opposition. ( The following Regular Business matter was reopened to receive public input ) : * BUDGET REVIEW - 5-YEAR CAPITAL PROGRAM Mayor Lilley recognized that the public had nct been given a chance to comment on this matter and reopened the discussion. Judge Michael Duffy, 7820 Graves Creek Road , explained that he and number of parents in the Monterey Road School District had CC2/26/91 • Page 13 come to make a formal request that the City Council , as part of the City ' s budget , give consideration to improving Graves Creek Road . Lori Krivacsy, 3280 San Fernando , submitted a petition ( see Exhibit B ) signed by parents and neighbors of children who travel to and from Monterey Road School along Graves Creek Road urging Council action. Councilwoman Borgeson indicated that she had received a phone call from Barbara Butz , of Atascadero , who had asked that the City Council make this project a priority. Trudy Houghtaling , 3285 San Fernando Road , announced that she represented other concerned parents and stressed the need to take a look at this matter . Charles Walden, 7105 Graves Creek Road , reported that he had witnessed a number of accidents on the road and urged Council to widen it . Mayor Lilley thanked the citizens for coming to the meeting and emphasized that the Council needs the community ' s input to prioritize projects. MOTION: By Councilman Dexter- and seconded by Councilman Shiers • to adjourn the meeting ; motion carried . The meeting was adjourned at 10:01 p.m. until the next regularly scheduled meeting of the City Council on March 12, 1991 at 7:00 p.m. MIND E5 RECORIZED. AND PREPARED BY: Ctt IDAYKA, City erk Attachments: Exhibit A ( Borgeson) Exhibit B (Citizens for Graves Creek Road Improvements) CC2/2b/91 Page 14 • CC 2/26/91 EXHIBIT A STATEMENT TO S.L.O. COUNTY BOARD OF SUPERVISORS February 19, 1992 MR. CHAIRMAN AND MEMBERS OF THE BOARD: I SPEAK TO YOU TODAY AS A RESIDENT OF THE NORTH COUNTY AND, SPECIFICALLY, THE CITY OF ATASCADERO AND AS SOMEONE WHO HAS WORKED VERY HARD DURING MY TENURE AS A MEMBER OF THE ATASCADERO CITY COUNCIL TO OBTAIN THE NORTH COUNTY CENTER IN MY COMMUNITY. I HAVE FOLLOWED THIS ISSUE CLOSELY AND AM AWARE OF THE INCREASING BUDGETARY PROBLEMS THAT HAVE FRAUGHT THIS PROJECT. HOWEVER, AS ONE WHO FIRMLY BELIEVES THAT THERE SHOULD BE MORE SERVICES AVAILABLE TO THE NORTH COUNTY RESIDENTS WITHOUT HAVING TO NEGOTIATE THE GRADE TO DO SO, I WOULD LIKE TO SUPPORT ANY EFFORT THAT CAN BE MADE AT THIS TIME TO PROVIDE SATELLITE COUNTY • SERVICES IN THE NORTH COUNTY. QUITE APART FROM THIS ADDED CONVENIENCE TO YOUR CONSTITUENTS, YOU WILL BE TAKING A MAJOR STEP TOWARD ALLOWING NORTH COUNTY RESIDENTS TO BETTER IDENTIFY WITH THE COUNTY WITHOUT THE NECESSITY OF INCREASING THE CONGESTION ON HIGHWAY 101 AND WITHIN DOWNTOWN SAN LUIS OBISPO. AT THIS TIME, I WANT YOU TO KNOW THAT I STAND READY TO ASSIST IN ANY WAY POSSIBLE TO HELP THE BOARD SECURE REASONABLE OFFICE SPACE CONVENIENT TO THE PUBLIC, AND, TO THIS END, I WILL BE HAPPY TO APPROACH MY COLLEAGUES ON THE CITY COUNCIL TO ASSIST IN THIS ENDEAVOR. THANK YOU. BONITA BORGESON X CC26/91 .-. \ EXASIT B �- T CREEK ROAD WARNING: WALKING AND BIKING ALONG GRAVES IS LIKELY TO BE HAZARDOUS TO YOUR HEALTH- Aslparents and neighbors of school children who travel to and from Monterey Road School along Graves Creek Road, we `• l� share a serious concern for the dangerous lack of adequate walking lanes and posted safe speed limits . The poor condition • of the road itself poses safety hazards for vehicular traffic and is completely lacking any provisions for children- who walk or ride their bicycles to school. Most of us have witnessed "close calls" on Graves Creek Road and in the interests of protecting our children many of us drive them to and from school. ,This creates a tremen- dous amount of traffic congestion which when added to the great amount of commercial traffic aggravates the problem further. There are many`children who live on Graves Creek Road,.=Balboa Road, Santa . Ana, and San Fernando Road who would benefit p by your attention to this matter. Their safety would be.` enhanced as well as significantly decreasing traffic.congestion in the area. Most importantly, the potential tragedy of a serious accident involving innocent children could be —rerted . • m r,k Y,-311 for ycur tl^au�htful consideration of this mat :er --/Y'?�z.Q.Q- +E��_ _ - ---cam�-o__� --�--�-�?•e-.�.,�o--- - - 7.75 Rk_. 21a- 72 d - r At 6�awzt, _ Ala _ -----2� pFr-,tel l_ _ tom"` ------------ �----___ ---- too QL 7q:50' VC 43o��� , � ►� << ,� Iii zlsa f �� -z 77 z3 1 Yi. ^. �- /,Z, 3c35Z:� , , —5.z uvwala 4 010 IS ,57 clote-3 ce_v_ 4w -C'a n_c ( ,•0 1 . Cr • ------------------ DETItYC26/91 AGENDA 33E--- ITEM# A-2 CITY OF ATASCADERO CASH ACTIVITY SUMMARY TREASURER'S REPORT FOR THE MONTH OF FEBRUARY 1991 BEGINNING CASH RESOURCES $7,445,596.86 ADD: RECEIPTS $464,174.35 OTHER TRANSFERS/MISC. ADJUSTMENTS $187,100.21 LESS: DISBURSEMENTS $647,366.83 ENDING CASH RCSOURCCS $7,389,504.61 FUND 501-CONSTRUCTION FUND (A) (H) REMAINING TYPE OF REVENUE OR EXPENSE COUNCIL ACTUAL REVENUE ENCUMBRANCES TOTAL (A+B) FUND AUTHORIZED OR (EXPENSE) BALANCE ND PROCEEDS 2,000,008.00 2,008,000.80 6.00 2000,000.00 2,000,000.00 TEREST EARNINGS 80,000.80 85,000.00 0.00 C5,000.00 2,b, 85,000.00 CLOSING COSTS (110,000.00) (109,878.00) 0.00 (109,078.00) 1,975,422.08 FUND RESERVE (194,000.00) (194,600.00) 0.00 (194,000.80) 1,781,922.00 POLICE FACILITY (1,350,000.00) (1,345,472.00) (11,000.00) (1,356,472.00) 425,450.06 PAVILLION-PHASE I (218,900.00) (213,753.40) (5,146.60) (21 C,900.00) 206,550.00 ------------ -------------- ------------ ------------- ------------- BALANCE AVAILABLE-PAVILLION PHASE 1I 267,100.00 222,696.60 (16,146.60) 206,550.00 266,556.00 FUND 301-TREE PLANTING TRUST BEGINNING FUND BALANCE 13,390.95 13,390.95 0.00 13,390.95 13,390.95 ADDS REVENUES-YEAR TO DATE 0.00 22.15 0.00 22.15 13,413.10 LESS: EXPENDITURES-YEAR TO DATE (6,248.00) (8,248.08) 0.00 (89248.00) 5,165.10 ---------- ------------- ------------- ------------- ------------- BALANCE AVAILABLE-TREE PLANTING TRUST 5,142.95 5,165.10 0.00 5,165.18 5,165.10 • CITY OF ATASCADERO TREASURER'S REPORT SCHEDULE OF CASH AND INVESTMENTS AS OF FEBRUARY 1991 Origination Maturity Interest Month's -� Interest �. Name Amount Date Date Rate Interest Yr-to-Date L.A.I.F. 80 8.00X 0.00 ------7,070,000 ----------N/A -----------N/A—------------------------ ~-------- 267,325.64 Century Federal Savings 99,000.00 10/16/90 16/11/91 8.45X 6.06 2,509.64 Bank of New England 0.00 10/25/90 62/21/91 8.63X 616.00 2,002.00 Mid State Bank 219,654.61 N/A N/A 5.47X 884.06 5,645.45 Petty Cash 850.00 N/A N/A N/A N/A N/A ------------- ------ --� --- TOTALS 7,385,504.61 1,500.06 2771,4 Keys: N/A (Not APpicable) L.A.I.F Interset Paid Quarterly I certify that this report reflects all Governmental Agency pooled investments and is in conformity with the Investment Policy of the City of Atascadero as stated in Resolution No. 126-90 dated 12/11/90. A copy of this Resolution is available at the Office of the City Clerk. The Investment Program herein shown provides sufficient cash flow liquidity to meet next month's estimated expenditures. SIGNED: Muriel Korba, City Treasurer • M E M • U RAN D U M TO: City Council Members FROM: Mark Joseph, Administrative Services Director ; *',,?/ THROUGH: Ray Windsor, City Manager SUBJECT: Notes to City Treasurer's Report DATE: March 20, 1991 The Certificate of Deposit with the Bank of New England matured on February 21, 1991. On February 22 , 1991, the City received $99, 792. 00 from the Bank of New England, representing $99,000. 00 principal and $792.00 in interest earnings. The $616.00 interest earnings shown on the Treasurer' s Report represents interest earnings for January 1991. The $792. 00 is interest earnings for February 1991. The City received $650. 65 on March 4, 1991 from Century Savings for February 1991 interest earnings. These interest earnings will appear on next month' s Treasurer' s Report. MEETING AGENDA DATE--1/26L91 ITEM/ _3 CITY OF ATARCADE RO SCHEDULE OF DISBURSEMENTS FINANCE DIRECTOR' S REPORT FOP THE MONTH OF FEBRUARY, 1.99:1. DIST3URSEME.•NTS. Hand Warrant Register for February, 1991 $35, 025- 29 2/57/91 Accounts Payable Warrants 1.06, 551. 58 2/21/91 Accounts Payable Warrants 114, 627. 08 2/29/91 Accounts Payable Warrants 10, 024. 99 Dank Service Charge 30. 00 2/13/91 Payroll Warrants 169, 380.44 2/28/91 Payroll Warrants 215, 203. 59 TOTAL: `$651, 082. 97 LESS: Voided Check 430423 $529. 14 Voided Checks 030690 and 03070-7! 684. 00 'voided Check *30726 50. 00 Voided Check (30739 11... 30 Voided Check 049169 2, 141. 70 M SUBTOTAL VOIDED CHECKS: $3, 716. 14 j TOTAL DISBURSEMENTS,, $647, 366. 03 1 Mark A. jo ;eph, do hereby certify and declare that demands enumerated d and r e'F,a„-f-;=•d i. r'+ ::.i i t h E1 foregoing 1”r f:I Y r.t p 1` ci r e accurate A 1'}d just claims ;.:g 1a 7.1'?��t t h e City c3 7"1 d that ti i 1"_ a 7"E? funds available f q 1' payment :.herF.iof ., .. _ the Treasury. The breakdown detail on all accounts is available "'or your viewing in the Pi;:%+ce Office. rir`riK A. JOSEPH,PH, A( ministrative Servicc Director 3 CITY OF ATASCADERO SCHEDULE OF CASH RECEIPTS AND TRANSFERS FOR THE MONTH OF FEBRUARY 1991 CASH RECEIPTS: CURRENT MONTH YEAR TO DATE ANNUAL BUDGET X RECEIVED BED TAX 6.00 .53,109.58 110,000.00 48 CIGARETTE TAX 2,073.41 28,649.07 35,800.80 81 GAS TAX RECEIPTS 7,899.89 231,411.65 393,196.80 58 MOTOR VEHICLE IN-LIEU 88,542.34 563,992.80 869,000.99 65 PROPERTY TAXES (4,939.88) 1,317,748.74 2,112,136.80 62 PROPERTY TRANSFER TAX 8.00 24,434.99 60.000.89 49 SALES TAX 123,606.69 1,157,726.79 1,859.808.99 62 A.D. t3-ATAS. LAKE-MARCHANT (643.56) 3,417.90 6,429.90 53 A.D. 04-SEPARADO/CAYUCOS (1,126.62) 51.192.81 102,233.90 50 A.D. t5-CHANDLER RANCH 576.22 24,431.76 41,996.96 59 B.I.A DUES 0.08 3,139.80 6.00 -- DEVELOPER FEES 41,926.79 336,189.39 675,606.80 49 DIAL-A-RIDE 2.823.61 85,385.19 34,008.90 251 FINES/PENALTIES/OVERAGES (1,600.46) 6,230.79 11,550.00 53 FRANCHISE FEES 646.61 37,431.66 330,909.00 11 INVESTMENT EARNINGS 1,500.06 402,398.62 365,150.00 110 LICENSE/PERMIT/FEES 53,897.48 388,044.56 668.197.89 56 MISCELLANEOUS 1,509.41 7,966.49 1,068.90 796 PARK PAVILLION DONATION 1,018.89 1,616.80 8.08 -- PARKS AND RECREATION FEES 33,871.514 198,699.34 272,490.80 72 POLICE SERVICES (7,262.74) 65,198.53 118,290.08 55 POST REIMBURSEMENT (6,618.48) 4,066.92 30,990.89 13 RENTS/CONCESSIONS 92.66 26,757.37 52,659.08 48 SALES-MAPS/PUBS/REPORTS 2,784.12 3,689.52 3,096.69 122 SANITATION FEES 10,466.33 458.927.58 666,629.00 68 STREET MAINTENANCE DISTRICTS (10.50) 5,904.31 11,796.89 42 TDA RECEIPTS 0.80 108,595.75 46-',Z21.09 25 TREE TRUST FUND 6.09 22.15 706.89 3 • WEED ABATEMENT (21.29) 43,588.45 39,096.00 145 ZOO RECEIPTS 16.979.72 47,752.54 71.906.08 67 TOTAL 367 975.33 S,664,619.16 9,314,171.00 61 OTHER CASH RECEIPTS: PROCEEDS FROM SALE OF LAND 0.69 114,587.46 63,586.89 ISO PROCEEDS FROM SALE OF FIXED ASSETS 0.89 2,600.98 0.00 -- REIMBURSEMENT TO EXPENSE 9,545.54 17,811.68 16,506.88 186 PERS SURPLUS 26,653.48 39,149.94 277,380.99 14 TOTAL OTHER CASH RECEIPTS ~36,199.02 174,149.02 357,300.00 48 _ TOTAL REVENUE: 444,174.35 5,838,759.29 9,671,471.09 60 • REPORT TO CITY COUNCIL Meeting Date: 3/26/91 CITY OF ATASCADERO Agenda Item• A-4 Through : Ray Windsor , City Manager From Lee Dayka , City Clerk SUBJECT• Vacancy created on the Building and Construction Board of Appeals by resignation of John Edens, Jr . RECOMMENDATION: Authorize the City Clerk to initiate the recruitment process to fill one un-expired term on the Building and Construction Board of Appeals. BACKGROUND: • The Building and Construction Board �f Appeals was set forth by Ordinance No . 44 and specific appointments have been made by Resolution . On March 14 , 1991 , I received a ccpy of a letter of resignation sent to David Grummitt , Chairman of the Building and Construction Board of Appeals . John Edens , Jr . , one of two General Contractor members on the Board, is resigning his post effective April 15, 1991 . His - term is not due to expire until April of 1994 and another routine recruitment is not planned until Spring of 1992. As an added note: Mr . Edens has served on the Appeals Board from its ' conception in 1982. DISCUSSION: The City Clerk , if =_o directed , will r<`cruit for interested applicants . Once this is done, Council will be asked tc schedule appointments fcr interviews and make the fer-mai appointment by resolution. Attachments: Ordinance No . 44 Letter of Resignation — John Edens , Jr . C � QRDINANCE NO. 44 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING SECTIONS 8.0.4. 230 AND 8.04. 130 OF TITLE 8 OF THE ATASCADERO MUNICIPAL CODE RELATING TO BUILDINGS AND CONSTRUCTION AND ESTABLISHING A BOARD OF APPEALS The Council of the City of Atascadero ordains as follows : Section 1. Section 8.04.120 and 8.04.130 of Title 8 of the Atascadero Municipal Code are amended to read as follows : Section 8. 04. 120 . Board of appeals established. In order to conduct hearings to determine the suitability of al- ternate materials and methods of installation, (and to provide for rea- sonable interpretations of the provisions of this Code,) there is here- by established a Board of Appeals. The Board shall consist of five (5) members, two (2) of whom shall be general contractors, one (1) one whom shall be an architect or structural engineer , one (1) of whom shall be a specialty contractor , all of whom shall be qualified by experience and training, and one (1) of whom shall be a member of the public who is not one of the foregoing. Members of the Board of Appeals shall be appointed by and serve at the pleasure of the City Council. The Building Official of the City shall serve as secretary ex-officio to the Board. In order to be eligible for appointment to the Board, the person • shall live within the City. Terms of initial appointment shall be for a term of two (2) years for two (2) members , for a term of four (4) years for three (3) members with four (4) year terms for subsequent appointments . Each member of the Board shall be required to comply with the applicable provisions of the Political Reform Act of 1974, California Government Code Section 81000, et seq. The .Board shall adopt reasonable rulbs and regulations , subject to approval and adoption by the City Council, for conducting its business which shall conform to the requirements of the Ralph M. Brown Act, California Government Code Section 54950, et. seq. , and shall render all decisions and findings in writing with a copy to the appellant. Section 8. 04. 130 . Appeal procedure. Any person aggrieved by a decision of the Planning Department re- lated to any manner within the purview of this title, shall have the right to appeal the decision. The appeal shall be filed with the Building official within fifteen (15) business days after the render- ing of the decision affecting the aggrieved person. Grounds for the appeal shall beset forth in writing. SECTION 4 . That Section 4 . 11 of the Atascadero County Sanitation District Ordinance Code is hereby amended to read as follows: 4 "4 . 11 When an entire lot to which connection is proposed has been charged only a 'rear area' rate under the Assessment District No. l assessment proceedings by virtue of its remote location from the proposed public sewers, 'then Section 4 . 10 shall not apply. The connection fee for said lot, or additional lots created from said lots by subsequent lot divisions, shall be two hundred fifty dollars ($250 . 00) for each connection, except that if public sewers are extended in the future in such a manner as to provide sewer service requiring substantially shorter building sewers, then the connection fee may be increased as provided in Section 4,13 . " SECTION 5 . That Sections 5. 1 (2) , (3) , and (4) of the Atascadero County Sanitation District Ordinance Code is hereby amended to read as follows: (2) Requestor shall submit improvement plans of the pro- posed extension, prepared by a Registered Civil Engineer in the State of California, for approval by the City Engineer. (3) The person requesting said extension shall execute a-Is file a written agreement with the District whereby ,he agrees to complete all required improvements at his expense and to the satisfaction of the City Engineer, within the time period specified in the agreement. He further agrees to provide the City Engineer with a detailed cost breakdown of his actual expenditures for any improvements authorized in the agreement. The agreement shall also provide for inspection of .all improvements by the City Engineer, or his designated representative, and reimbursement of the District, by the requestor, for the cost of the inspection. The District will invoice the requestor for such inspection costs and any amount unpaid thirty (30) days from the date of the District' s invoice shall bear interest at ten (10) percent per year beginning from thirty (30) days after the date of the invoice. The improvements agreement may also provide (1) for the construction of the improvements in units, and (2) for an extension of the time under conditions therein specified. No extension of time shall be granted except upon certification by the City Engineer that such extension is justified, and upon approval by the Board of Directors. i (4) No hookup to the public sewer will be permitted until all improvement work has been completed to the satis- faction of the City Engineer and all charges have bee (� paid by the requestor in accordance with the provisi4 of this Ordinance Code. SECTION 6 . That Section 7. 2 of the Atascadero County Sanitation District Ordinance Code is hereby amended to read as follows: 7 . 2 The requirements for building sewers as set forth in the latest adopted versions of the Uniform Plumbing code shall apply in the District and are incorporated herein by reference. However, where the regulations of this Ordinance Code are more restrictive than said Plumbing Code, this Code shall apply. SECTION 7. That Section 7. 9 be added to the Atascadero County Sanitation District Ordinance Code to read as follows: 7. 9 Drainage piping serving fixtures located ,at an elevation of less than one foot above the nearest upstream man- hole cover in the main sewer serving said fixtures shall drain by gravity into the main sewer, and shall be pro- tected from backflow of sewage by installing an approved type back water valve, and each such back water valve shall be installed only in that branch or section of the ( drainage system which receives the discharge from fi.xtur .s located less than one foot above the nearest upstream manhole cover. SECTION 8. That Section 8 . 1 of the Atascadero County Sanitation District Ordinance Code is hereby deleted. SECTION 9 . That Section 8 .2 (1) , (2) and (4) , of the Atascadero County Sanitation District Ordinance Code is hereby amended to read as follows: 8 . 2 (1) When an area is annexed to Improvement District No. 1, the requestor shall have an estimate of the cost of extending sewer lines and otherwise providing sewed service to the lots within said annexation prepared by a Civil Engineer registered in the State of California. Said estimate shall not include the cost of lateral sewers . This estimate and the proportional share to be borne by each lot shall be furnished to the owners of the annexed property. (2) Requestor shall submit improvement Plans of the proposed extension, prepared by a Civil Engineer registered in the State of California, for approval by the City Engineer C- (4) No hookup to the public sewer will be permitted • until all improvement work has been completed to the satisfaction of the City Engineer and all charges have been paid by the requestor in accordance with the provisions of this Ordinance Code. Inspection costs shall be paid by the requestor as set forth in Section 5 . 1 (3) of this Ordinance Code. SECTION 10 . That Section 11. 1 of the Atascadero County Sanitation District Ordinance Code is hereby amended to read as follows : 11. 1 There is- hereby levied and imposed upon any occupied premises within the Atascadero County Sanitation District, having any sewer connection with the sewerage system of the District, or otherwise discharging waste water which ultimately passes through the District' s sewerage system or to which a public sewer is available according to Article 3 . 1 of this Ordinance Code, and upon the owner or occupant thereof, a monthly service or standby charge 'as hereinafter provided. Charge (a) Single Family Residential Unit $ 10. 54 (b) Apartment Building (per dwelling unit) 9 . 86 (c) Mobile Home Spaces (per space) 8 .24 (d) Hotel/Motel (per dwelling unit) 2 . 62 (e) Rest Homes/Hospitals (per bed) 8 . 26 ' (f) Commercial Unit 3 . 23 (g) Office Buildings (per office unit) 3 . 21 (h) Restaurants - 40 or less seats 74 . 58 (i) Restaurants - more than 40 seats 178 . 89 (j) Churches/Meeting Halls s 92 .10 (k) Schools (per student average daily attendance as of March 31 preceding each fiscal year) 0 . 805 (1) Service Stations 23 . 28 (m) Laundry/Laundromat/Cleaners 145 . 85 C_ r, . Charge (n) Car Wash $78 . 17 to (o) Fire Station 99 . 26 (p) Ware houses/Storage Facility 17 . 09 (q) Theatre 44 .42 (r) Any Occupied Premises not Connected to an Available Sewer 7 . 00 SECTION 11. Section 11. 5 of the Atascadero County Sanitation District Ordinance Code is hereby amended to read as follows : 11. 5 Truck disposal of sanitary wastes may be accepted by the District at the treatment plant during normal daytime working hours, or at such other times as the District may elect, for a service charge of $20 . 00 per load or portion thereof. SECTION 12 . If any portion of this Ordinance or the application thereof is held to be invalid for any reasons, the validity of all remaining portions and applications shall be unaffected and shall remain in final force and effect. SECTION 13 . This Ordinance is an urgency ordinance and is for the immediate preservation of the public peace, health, and safety. The facts constituting the urgency are these: The Atascadero County Sanitation District is the beneficiary of a loan from the United States Department of Agriculture, Farmers Home Administration, and in order to become eligible for the funds comprising said loan, the District must immediately adopt new rates and charges. Thus, it is necessary that this Ordinance take effect immediately in order to assure the granting, implementation, and administration of the loan from the FmHA. SECTION 14 . This Ordinance, being an urgency ordinance for the immediate protection of the public health, safety, and general welfare, containing a declaration of the facts constituting the r. urgency, and passed by a four-fifths (4/5) vote of the District Board of Directors, shall take effect immediately upon its adoptio(--. provided, however, that this Ordinance shall not become operative le until one hundred eighty (180) days after its passage, or on January 1, 1983 , whichever occurs first. SECTION 15 . The District Secretary shall cause this Ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in this District; shall certify to the adoption and publication of this Ordinance; and shall cause this Ordinance and its certification, together with proof of publication, to be entered in the Book of-,' ordinances of this District. The foregoing Ordinance was introduced, adopted,and ordered published at a meeting of the District Board of Directors held C. on May 24, 1982 , by the following vote: Ayes: Directors Highland, Mackey, Nelson, Stover .and President Wilkins Noes: None Absent: None ----------- Robert Robert J. Wilkins, Jr. , Chairman 4 APPROVED AS TO r RIM: ATTEST: n ALLEN GRIMES, Attorney M ray/L. Warden, Secretary EGEI v L:. : M a r c h 1 3 , 1 9 9 1 ArfsCADeao "!-ER A City of Atascadero Atascadero Building and Construction Board of Appeals 6500 Palma Ave. Atascadero , Calif . 93422 Attn : Mr , David Grummitt , Chairman Please accept this letter of resignation effective April 15 , 1991 . Since I will be relocating out of the area , I feel it is necessary to resign my position on the board at this time . I have enjoyed serving on the board since its conception . Please notify me in the event more time is required to find a replacement . Sincerely , G H . John Edens • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-5 Through : Ray Windsor , City Manager Date: 3/26/91 From: Marl: Joseph , Administrative Services Directo SUBJECT_ Application for Historical Preservation Grant RECOMMENDATION: Staff recommends adoption of Resolution 25-91 , approving a grant application to the State Office of Historic Preservation. BACKGROUND The State Office of Historic Preservation (California Department of Parks and Recreation) has a total of $60,000 available for historic preservation/seismic safety projects. Only one award will be made statewide and a successful applicant mL:st match the grant dollar-for-dollar . Thus, the project would • be $120,000: $61 ,000 from the State and $60,000 from local sources ( including certain " in-kind" matches) . The specific project being proposed involves repairs to the Fcurth Floor of the City Administration Building . Currently , $20 ,000 was budgeted for the design and working drawings. If the City is successful , that $20,000 would be credited towards our local match . The remaining $40,000 could come from the General Fund or other " in-kind" services (e.g . , donations, volunteers, etc . ) This project has been identified in the 5 year C. I .P. plan. Realistically , the City ' s chances for success are not great , and , even if we were successful , total repairs to the Fourth Floor will most likely exceed the $120 ,000. Howe•, er , it is important for the City to apply , if for no other reason than to make our needs known at the State level . The successful applicant will be notified by May 1 , 1991 ; all project funds must be expended by August , 1992. RESOLUTION NO. 25-91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANTS-IN-AID FUNDS FOR THE 1991 CITY ADMINISTRATION BUILDING PROJECT WHEREAS, the Congress under Public Law 89-665 has authorized the establishment of a National Historic Preservation Grants-in- Aid Program providing matching funds to the State of California and its political subdi,:isions and eligible nonprofit organizations for historic preservation predevelopment and development projects ; and WHEREAS , the Office of Historic Preservation, California Department of Parks and Recreation, is responsible for the administration of the program within the state, setting up necessary rules and procedures governing application under the program; and WHEREAS, said adopted procedures established by the California Office of Historic Preservation require the applicant to certify by resolution the approval of applications and the availability of local matchino funds prior to submission of said applications to the State; D10W, THEREFORE , HE IT RESOLVED that the City Council of the City of Atascadero hereby : 1 Approves the filing of an application `or the National Historic Preservation Grants-in-Aid assistance for project ; and 2. Appoints the Mayor or his/her authorized deputy as agent of the City to coordinate, process and execute all contracts , agreements, amendments and ancillary documents within the scope of the attached application; and 3 . Agrees that all required 1-ocal matching funds will be provided for the project . On motion by Councilperson and seconded by Councilperson the foregoing resolution is hereby adopted in its entirety , by the followiniq Roll Call `v'cte: • • AYES: NOES: ABSENT : ADOPTED: ATTEST: By LEE DAYKA, City Clerk ROBERT B. LILL.EY , Mayor APPRO','ED AS TO FORM 4 ARTHER MONTANDON, City Attorney MARK JOS PH, Director of Administrative Services REPORT TO CITY COUNCIL • CITY OF ATASCADERO Agenda Item: B-1 Through: Ray Windsor, City Manager Mtg. Date: 3/26 91 From: Henry Engen, Community Dev. Dir. PVC File No: TPM 18-90 SUBJECT: Consideration of Conditions of Approval for Tentative Parcel Map 18-90 at 7970 Sinaloa Avenue - Russel Best (Cuesta Engineering) RECOMMENDATION: Per the Planning Commission' s recommendation, adopt the revised Conditions of Approval for TPM 18-90. BACKGROUND: This application came to the City Council on January 22, 1991 with a planned development rezoning, request. Because the Planning Com- mission had recommended denial of the zoning change, the map was also recommended for denial. Council action was to approve the PD rezoning and to refer the map back for consideration of Conditions • of Approval. On March 5, 1991, the Planning Commission conducted a public hearing for consideration of the Conditions of Approval. On a 4:3 vote, the Commission recommended approval of the proposed Condi- tions of Approval, as revised. There was discussion and public testimony considered, as reflected in the attached minutes excerpt. HE:ps Attachments: Staff Report dated March 5, 1991 Minutes Excerpt - March 5, 1991 Revised Conditions of Approval - March 5, 1991 cc: Russel Best Cuesta Engineering METING. AGENDA DAT! J q/ ITEM MEMORANDUM • DATE: March 5, 1991 TO: Planning Commission FROM: Gary V. Kaiser, Assistant PlannerGy, SUBJECT: TPM #18-90 7970 Sinaloa Avenue (Russel Best/Cuesta Engineering) The above-referenced project was considered by the Planning Commission at their November 20, 1990 and December 18, 1990 meetings. Attached please find the staff reports prepared for these meetings. The Commission will recall that the above tentative parcel map application was filed in conjunction with a Zone Change request to supplement the existing RMF-16 (Residential Multiple Family, High Density) zoning with a PD7 (Planned Development No. 7) overlay zone (Zone Change #03-90) . The Commission may also recall recommending denial of both of these applications. • On January 22, 1991, these items were considered by the City Council. The Zone Change request was approved as reflected in Ordinance No. 217. The Council forwarded the tentative parcel map to the Planning Commission for a reconsideration of the conditions of approval. The tentative parcel map conforms to the approved Master Plan of Development for the site. Therefore, staff recommends that the tentative map be approved based on the Findings for Approval contained in Exhibit C and subject to the conditions of approval included as Exhibit B of the staff report dated December 18, 1991 and attached hereto as Exhibit D. Attachments: Exhibit A -- Ordinance No. 217 Exhibit B -- Tentative Parcel Map Exhibit C -- Findings for Approval Exhibit D -- Conditions of Approval Exhibit E -- November 20, 1990 staff report Exhibit F -- December 18, 1990 staff report EXHIBIT A Ordinance No. 217 TPM #18-90 • ORDINANCE NO. 217 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 17 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 7970 SINALOA .AVENUE FROM RMF/16 TO RMF/16 (PD7) (ZC 03-90 : BEST/CUESTA) WHEREAS, the proposed zoning map amendments are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on November 20, 1990 and has recommended approval of Zone Change 03-90. • NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan land use element. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 5. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. Ordinance No. 217 . 7. The proposed plans offer certain redeeming features to • compensate for requested modifications. Section 2. Zoning Map. Map number 17 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify the parcel listed below, and shown on the attached Exhibit A, which is hereby made a part of this ordinance by reference. Lot 31; Block HA; Atascadero Colony Development of said parcel shall be in accordance with the standards of the Planned Development Overlay Zone No. 7, and consistent with the attached Exhibit B. Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this • ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by rnuNr.TT MAN nF.XTFR and seconded by cnTINCTrdMAN NTMMO , the foregoing Ordinance is approved by the following roll call vote: AYES: COUNCILMEMBERS BORGESON, DEXTER, NIMMO, SHIERS AND MAYOR LILLEY NOES: NONE ABSENT: NONE DATE ADOPTED: 2/12/91 By: ROBERT LILLEY, Mayor City of Atascadero,. California REVISED • 1/22/91 ATTEST: LEE DAYKA, City Clerk RAY WINDSOR, City Manager APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director • • - CITY OF ATASCADERO ORDINANCE NO. 217 ��. COMMUNITY DEVELOPMENT EXHIBIT A D EPARTIMENT L E " wE 14 t � -d v- R F.Z � l ( ( � V 11 i� MF-4 , r UA 4yE o z �,• _ 1�T��77 n C i �08 . J c `�.� i N f -CT �a 4 CITY OF ATASCADERO ORDINANCE NO. 217 CI EXHIBITq5 COWNI NITY OEVELOPMEVT REVISED -MASTER PLAN • D EPARTMEYT E; WI ^' L 4 2'2 O vi Ul F� UI Haat a'S: zY: Bs Ln i G16 CL 5k Wir vi � � I o � 1 vr • 20.00. ^w J/��• -'1���( �. c• is .Sft CITY OF ATASCADERO EXHIBIT B Tentative Parcel Map !. COMMUNITY DEVELOPMENT TPM #18-90 DEPARTMENT • !MESON LAND 41RVEYS TOPO..'RAPMC SURVEY ....' LOT 31 BLOCK N-A OMNERY STATEMENT .�..!yr•.4�.,y. S.IST.'ti'1111!TT�'���_. �tr-_r.;-.'ti r.p...'•'!�Ys.��.r.•.�d L mt. .Y i�!fit.' T/•�.w3 4..•>.t Y+r.FYI,r!NC .i rs•4a M.!�[S.e•M.r.iO.�lt'T�l Rt.�.wslOt ..L MLO s. ���'x..ew..w�.yw'•w `I •!rfw�. ��.1..-i-U � .` 1'!\ a r..{>M 41 Lti O.♦M MtC.. ---—----—- \ a \ 937 r SM•I - , _______ --——————— . __ ---•— _ ————e- r - - - -- - - - - --_ _ -_� J-� e,n.°Oemu� i\ �• V y V/- 1.11 tLK t Llrt 7 11 y w `� 1 1• TENTATNE PARCEL YAP AT 90-241. s.m"0i r^• U utli e.r 1 ! 1 I �I I 1 027_\, — • tr>rs1 � wn I. 1 s' cUunec fc.Mt .'./ CUESTA ENdHEEi- 1 ' EXHIBIT C Findings for Approval TPM #18-90 EXHIBIT C - Findings for Approval • Tentative Parcel Map 18-90 7970 Sinaloa Avenue (Best/Cuesta) March 5, 1991 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS• 1. The proposed subdivision is consistent with applicable General and Specific Plans. 2. The design and/or improvement of the proposed subdivision is consistent with applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by . the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision design, and/or the type of improvements proposed, will not cause serious public health problems. TPM-18-90.fin • EXHIBIT D Conditions of Approval TPM #18-90 EXHIBIT D - Conditions of Approval • Tentative Parcel Map #18-90 7970 Sinaloa Avenue (Best/Cuesta) March 5, 1991 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall be extended to the frontage of each parcel, prior to the paving of the road and the recordation of the Final Map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the Final Map. If there are building or other restrictions related to the easements, they shall be noted on the Final Map. 3. All relocation and/or alteration of existing utilities shall be the responsibility of the developer, and shall be placed underground. 4. The newly formed lots shall be connected to the public sewer. All annexation permit fees in effect at the time of recordation shall be paid for the newly created lots prior to the recordation of the Final Map. Sewer laterals shall be installed to each lot prior to paving the road. 5. In addition to the installation of water and sewer services, the developer shall install gas, electricity, telephone, and cable television services to each lot prior to paving the road and the recordation of the Final Map. 6. A grading and drainage plan, prepared by a registered civil engineer, shall be submitted to the Community Development Department for review and approval by both the Community Development and Public Works departments, prior to the issuance of any building permits. 7. An encroachment permit shall be obtained from the City Public Works Department prior to the commencement of construction activities. In addition, an Inspection Agreement shall be signed guaranteeing that the work will be done and the inspections will be paid for. 8. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, gaurdrails, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modification after construction. 9. Road improvement plans, prepared by a registered civil engineer, shall be submitted to the Community Development Department for review and approval by the Public Works Department, prior to the construction of the improvements. Plans shall include, but shall not be limited to: Sinaloa Avenue: Pavement shall be widened to a width of twenty (20) feet from the centerline of the right- of-way to the curb face. A curb, gutter, and five (5) foot sidewalk shall be installed. A concrete cross gutter shall be installed to match the cross gutter to be built by the project across the street on Sinaloa. The recommended minimum slope of the concrete gutter is 0.005. The minimum curb return radius at the property line shall be twenty-five (25) feet. Curbaril Avenue: Pavement shall be widened to a width of twenty (20) feet from centerline of right-of-way to curb face. Curb, gutter, and a five (5) foot sidewalk shall be installed, designed to match the existing improvements to the south. An asphalt berm shall be installed from the end of the concrete curb to the existing curb to the south. An asphalt drive approach shall be installed to serve the property between the existing improvements and the new improvements. 10. Construction of all public improvements shall be completed • prior to the recordation of the Final Map. 11. All public improvements shall be covered by a 100% Performance Guarantee and a 100% Labor and Material Guarantee until construction is deemed substantially complete, and by a 10% Maintenance Guarantee until one year after substantial completion. 12. Public improvement plans shall be reviewed and approved by the City Fire Department, prior to the recordation of the Final Map. Plans shall include the necessary fire hydrant upgrade of the existing fire hydrant at the corner of Sinaloa Avenue and Curbaril Avenue. 13. All lot grading and drainage improvements shall require a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 14. The following right-of-way shall be offered for dedication to the City of Atascadero: Street Name: Sinaloa Avenue Limits: 25 feet from the centerline of the right-of- way to the property line. • Street Name: Curbaril Avenue Limits: 25 feet from the centerline of the right-of- way to the property line. Corner Rounding: A minimum radius of 25 feet at property line at the intersection of Curbaril and Sinaloa. All offers of dedication shall be completed and recorded prior to, or in conjunction with, the recordation of the Final Map. 15. Landscape plans, including means of irrigation, shall be submitted along with other materials required for the filing of a building permit application. This information may be shown on the grading plan. Said landscape plans shall substantially conform to the landscaping shown on the site plan, and shall include a minimum of two (2) 15 gallon native trees to serve as replacements for the 12" Elm tree proposed to be removed. All landscaping shall be completed, or agreements shall be made for its completion, prior to the final building inspections. 16. All development shall be in conformance with information contained in the application, including but not limited to grading, driveway and utility locations, house plans, building setbacks, fencing, and landscaping. 17. Codes, Covenants and Restrictions (CC&R' s) shall be recorded, prior to the recordation of the Parcel Map, and shall address the fencing, landscaping, and storage of solid waste containers (trash cans) . Said CC&R' s, prior to being recorded, shall be reviewed and approved by the City Community Development Department for conformance to the approved Master Plan of Development. 18. A Final Map, in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance, prior to the recordation of the Final Map. a. Monuments shall be set at all new property corners by a registered civil engineer or licensed land surveyor, as required by the Land Surveyor' s Act and Subdivision Map Act. . Monuments set within any road right-of-way shall conform to City Standard drawing M-1. b. Pursuant to Section 66497 of the Subdivision Map Acta the engineer or surveyor shall notice the City Engineer in writing that the monuments have • been set C. A recently updated preliminary title report shall • be submitted for review in conjunction with the processing of the Final Map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the Final Map. 19. Approval of this tentative map shall expire two (2) years from the date of final approval, unless an extension of time is granted pursuant to a written request received prior to the expiration date. TPM-18-90.co2 • EXHIBIT E Nov. 20, 1990 staff rpt TPM #18-90 • CITY OF ATASCADERO Item: B-2 STAFF REPORT FOR: Planning Commission Meeting Date: November 20, 1990 BY: Gary V. Kaiser, Assistant Planner File: TPM 18-90/ZC 03-90 SUBJECT: Consideration of a request to establish a Planned Development Overlay zone (PD7) in conjunction with a tentative parcel map application to divide one existing parcel of approximately one- quarter acre into three (3) parcels of 3, 426, 3,435, and 4, 066 square feet for single-family residential use. RECOMMENDATION: Staff recommends approval of Tentative Parcel Map #18-90 based on the Findings contained in Exhibit H and subject to the Conditions of Approval contained in Exhibit I. Likewise, staff recommends approval of Zone Change #03-90, based on the Findings for • Approval contained in the Draft Ordinance (Exhibit J) . SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Russel L. Best 2. Representative. . . . . . . . . . . . . . .Cuesta Engineering 3. Project Address. . . . . . . . . . . . . . 7970 Sinaloa Avenue 4. Legal Description. . . . . . . . . . . .Lot 31 , Blk HA, AC 5. Site Area. . . . . . . . . . . . . . . . . . . . 10, 927 ft (0. 25 acres +/-) 6. Zoning. . . . . . . . . . . . . . . . . . . .RMF-16 7. General Plan Designation. . . . .High Density Multiple Family 8. Existing Use. . . . . . . . . . . . . . .vacant lot 9. Environmental Status. . . . . . . . .Negative Declaration posted October 30, 1990 • ANALYSIS: The project is essentially a proposal to establish three (3) single-family dwellings, each on separate parcels, on what is currently one original Colony lot. Although the gross area of the site is 10, 927 square feet, the net area of the site is approximately 10, 427 square feet. This net site area has been arrived at by subtracting from the gross site area a five (5) foot strip running the entire length of the Sinaloa Avenue frontage that will be offered for dedication to the City for public road purposes. This net area figure, however, allows for three (3) two-bedroom units on this site, pursuant to the density standards established in the RMF-16 zone (Section 9-3. 175) . A project of this size would normally be processed as a Precise Plan application; however, this project proposes the creation of individual small lots. Smaller lots such as these, besides being subject to the requirements of the Subdivision Map Act, can only be approved through establishment of a Planned Development Overlay Zone (PD) . The City has created a generic overlay zone (PD7) for small lot residential subdivisions such as the one currently proposed. Approval of this project hinges on the establishment of the PD Overlay Zone. • Minimum Lot Size Standards The City General Plan (page 55) and Zoning Ordinance (Section 9- 3. 174) set a minimum lot size of one-half acre in the multiple family zones. Residential Policy #6 of the General Plan (page 57) provides for the creation of smaller lots in the multiple family zones "in conjunction with planned residential developments, provided that the overall density within the project is consistent with other density standards contained herein. " There is similar language in the Zoning Ordinance, regarding the allowance of smaller lots through the planned development process, provided the overall density within the project conforms with the density standards normally applied under the underlying zoning of the site. As stated above, the proposed density conforms to the density standards established for the RMF-16 zone. Planned Development Overlay Zone The purpose of the Planned Development Overlay Zones, and the findings that must be made to approve the establishment of a Planned Development Overlay Zone, are contained within the Zoning Ordinance. The purpose of the PD Zones, as found in Section 9- 3. 641 of the City Zoning Ordinance, is as follows: "The Planned Development Overlay Zone identifies areas where • development standards or processing requirements different from those established by the underlying zoning district are 2 deemed necessary to promote orderly and harmonious development and to enhance the opportunity to best utilize special characteristics of an area. " Pursuant to Section 9-3. 644 of the City Zoning Ordinance, the following findings must be made to approve the establishment of a PD Overlay Zone: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. The proposed plans offer certain redeeming features to compensate for the requested modifications. The developer' s statement (Exhibit F) presents a valid argument • for allowing the proposed smaller lot sizes. Although the lots are small (ranging from 3, 426 to 4,066 square feet) , the identical project could be approved by Precise Plan, minus the creation of separate lots. Staff agrees with the applicant that the ability to provide small lots for single family home ownership, and the resulting increase in housing alternatives available in the City, would be a benefit to the community. Site Development Standards As quoted in its entirety above, the purpose of the Planned Development Overlay zones is to "identify ares where development standards. . . different from those established by the underlying zoning district. . .are deemed necessary to promote orderly and harmonious development. . . (City Zoning Ordinance Section 9- 3. 641) . " In the case of the application in question, the use of the subject site, if the application is approved, would change from multiple family to single family residential use, because of the creation of individual lots for each proposed dwelling unit. Hence, some development standards set forth in the RMF zone, intended primarily for multiple family uses, may not be considered appropriate for the proposed single family uses. The PD7 Overlay Zone, therefore, sets forth its own development standards. A Master Plan of Development is required for all properties in the PD7 zone; this Master Plan, then, serves as the . development standard for subsequent development of the property. 3 • The Master Plan of Development for the r p project in question includes all information contained in the application, including but not limited to: a tentative parcel map (Exhibit B) ; a grading and drainage plan (Exhibit C) ; a site plan (Exhibit D) ; and building elevations/floor plans (Exhibit E) . Upon review of these items, staff has found all applicable standards for building setbacks and height limits would be complied with. Development standards for the multiple family zones, as set forth within City Zoning Ordinance, which staff feels are intended for multiple family uses and would be inappropriate for the project in question, are as follows: 1. ENCLOSED STORAGE -- The RMF zone requires that each dwelling unit be provided with a minimum of 100 square feet of enclosed storage space, exclusive of closets, which may be included in either a principal or accessory building (Section (9-3. 176 (b) ) . Staff feels that excess areas shown on the proposed floor plans, which include a two-car garage and library for each unit, would suffice. Moreover, to require separate accessory structures for storage, whether attached or detached, would compromise the otherwise appropriate architectural appearance of the buildings. 2. PARKING -- One (1) handicapped parking space, and one (1) • guest parking space would be required for the proposed use, if separate lots were not proposed (City Zoning Ordinance Sections 9-4. 115 (c) and 9-4. 118 (c) (5) , respectively) . Separate lots are proposed, however, and the applicant does propose to meet the required parking for singly family residential use. Furthermore, the interior floor plans for the proposed two-story units are not accessible for handicapped persons. 3. SOLID WASTE -- Solid waste collection areas that use dumpsters or other containers with a total capacity greater than two (2) 33 gallon containers must be enclosed within a solid wall or fence (City Zoning Ordinance Section 9- 4. 129 (b) ) . If this was a three-unit multiple family development, this standard would clearly apply. Given this particular project, however, with three single family units each generating their own waste and individually responsible for the disposal of their own waste, this standard is not considered appropriate. 4. SCREENING WALL -- A solid wall or fence not less than six (6) feet in height shall g be placed and maintained on interior lot lines abutting property zoned for single family residential u - use .(Cit Zoning Ordinance Section 1 y 9 3. 76) . g The project site does not abut any properties zoned for single g family residential use. • 4 • Other development standards required for multiple family uses and/or multiple family zones, which staff feels are appropriate for the project in question, are as follows: 1. COVERED PARKING -- The RMF zone requires that one (1) covered parking space (carport or garage) be required for each dwelling unit (City Zoning Ordinance Section 9- 3. 176 (e) ) . The applicant proposes a two-car garage for each unit, thus exceeding the requirement for covered parking spaces. 2. LANDSCAPING -- A landscaping plan is required for essentially all uses other than single family residential uses (City Zoning Ordinance Section 9-4. 125) . Although the uses proposed are single family residential, staff feels that a suitable landscaping plan should be required and implemented as part of this project (see attached Conditions of Approval) . Review by Other Agencies Since the City Public Works Department had expressed concerns related to drainage in the project area, an engineered drainage plan, and supplemental drainage calculations, have been submitted as part of this application. The comments received from the • Public Works Department are included in the attached Conditions of Approval. No other public agencies reviewing the project have expressed serious concerns regarding the project. Any comments received from other agencies, including a requirement of the City Fire Department for a new fire hydrant at the corner of Sinaloa and Curbaril, have been incorporated into the attached Conditions of Approval. CONCLUSIONS: Staff believes that the necessary findings can be made for the establishment of a Planned Development Overlay Zone, and that the proposed project, including the creation of three individual small lots, would be a benefit to the community. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Parcel Map Exhibit C - Grading and Drainage Plan Exhibit D - Site Plan Exhibit E —Proposed House Plans Exhibit F - Supplemental Development Statement Exhibit G - Negative Declaration Exhibit H - Findings for Approval Exhibit I - Conditions of Approval Exhibit J - Draft Ordinance TPM-18-90. sr 5 -1 CITY OF ATASCADERO EXHIBIT A LOCATION MAp n;, COMMUNITY DEVELOPMENT DEPARTMENT iDIN � ��. SON W r�► 9 uo fid'•, i E �E RS, F R LL4 Y A No rl I F-11 n �N CO A- - --------------- s CITY OF ATASCADERO EXHIBIT B TENTATIVE PARCEL MAP COMMUNITY DEVELOPMENT DEPARTMENT y..w TALSON LAW SURKTS TOPOMAPNC SURYU e.. LOT]i KM N-A ? OMMWS STATELBNT sfL N.w.O.,r•nC.' ^�weaz.s..t•_•t r •t:t,-.•<.ea ttr Iw••-t. -Hn•.+.••-•��•w•e....•••-nw ••� YNH...•ice..•3-r�rrw2 K IJ..•fJ ta.<wY rt Mt t'r' w, !•.P w..•MS•IwT•.a:H v:e..ti. w.i�•/�•.,t�Nt 1�•••'Tf.: .t :.H:•y+.pY`i' Y 1r! �t i.wrr.••�•�Ht!•.V rt u.Yt'<♦t iltf H..wJri��. tlY.Y•N f•. 1 YO>• O.R•Ji v w.Sq'IJw•� t ' � 1 P r•M♦4i yy tw wM Y1C 11 ____ 9].'-- SinAZtx— ►�--_ —_-- �` ^ P -------- -----�---- a__-- - ---- - - ---------- -- -- --. _-- \------r �� �•f�::i ; °c` ,1 .1. �;- r • Lot LM 3 ep T7TM �� ! � \ �♦ .\1l ' 1 1 ,` PMCEL YAP AT 90-243. III -. � •n uR \ i � 1 \1 1 1 s.w.�.ra.a�..►.ne.ae..••a: 30 \ 1 1 + `��r 1'1 •1 d1ESTA fCAlt I CITY OF ATASCADEROEXHIBIT c GRADING AND DRAINAGE PI Nit COMMUNI'T'Y DEVELOPMENT DEPARTMENT w.L.sm Wo suttwys 't ;;\ It w• ,` it � _. TOPpQgApm st+ertr, \ LAT 31 tY00t H-A � .ol.�:ui'"`rr=�.• •(404 Wrylfi w \ tom\ \\ \ -141 Of I AP l t\ • a ....ti. I ij ���.\ J It �1 aysr 1 y , \(/AIT t yM/T! L t 1 acct.aa rwvua : \t 1 \ w I lOT 30 � t . `� fJ�ROL r•,• ,tlt -_ w '=''�:flv r calw,.v •.M CITY OF ATASCADERO EXHIBIT D SITE PLAN Nil �.�.—n1-t COMMUNM DEVELOPMENT D EPARTIMENT 57 ljfY _ Tzo -:..}--_:_� • Iii-� II `�ti hEW FROM SMALOA SMAC OA AVE in SLA t� ►+oatH IT CITY OF ATASCADERO PROPOSEDBHOUSE PLANS COMMUNITY DEVELOPMENT • DEPARTMENT _ w t wwr ' FIRST FLOOR PLAN ;L OOR}LNI «aM k SOUTN ELEVATION � �— �v ms ' Ica - EAST_ELEVATIOM • - CITY OF ATASCADERO EXHIBIT >+ . " DEVELOPER' S STATEMENT sr COMMUNITY DEVELOPMENT DEPARTMENT Russel Best 8-21-90 1350 Bolton Morro Bay, CA 93442 REU City of Atascadero . Planning Department SEP 6- 1999 Supplemental Developer's StatementCQMMUNITY DE`IELOPMEN] Project: Application for planned development overlay and tentative map for 7970 Sinaloa . (APN #30-132-39) We propose to develop the above property under the provisions of the 'Planned Development Overlay' provision of the Atascadero City Zoning Ordinance (Sections 9-3.641 - 9-3.644): We will create 3 parcels from an existing .25 acre RMF-16 lot. New lots • vary in size from 3,426 to 4,016 square feet. The proposed project of 3 units is allowable under current density standards for RMF 16 zoning. Newly created parcels will require switching front yard setbacks from Curbaril to Sinaloa. This is permitted since all access is from Sinaloa. New parcels meet or exceed existing setback requirements. We propose the following minimum setbacks: Front/East Side/North Rear/West Side/South Lot 1 25 feet 10 feet 10 feet 5 feet Lot 2 25 " 5 10 ' S Lot 3 25 " 5 10 15 " In many cases actual Building setbacks will exceed minimums: on Curbaril (10 feet required, 15 feet minimum furnished), and on the North boundary of Lott (5 feet required, 10 feet furnished). Gravity sewer is available. Sewer easement will be recorded on Final map to provide for access to Lots 1 and 2. Sewer easement is angled to preserve the Oak tree on the Southwest corner. Covenants, Codes and Restrictions shall be recorded to preserve building colors, landscaped area at Curbaril, and fence configuration. The two car garage provided for each house meets the requirements of 2 parking spaces per unit. Distance between garages and sidewalk is 25 feet, therefore cars parked in the driveway will be clear of the sidewalk. CITY OF ATASCADERO EXHIBIT F DEVELOPER'S STATEMENT CONLMUNITY DEVELOPMENT (pg•2) . DEPARTMENT PROJECT OESCRIPT(',14: ( 2. Architecture can be described as contemporary country. Stucco and hardboard siding are combined in pleasant earth tones. Rooflines are pitched to minimize height on Curbaril. Units are stepped down in the rear to accomodate split level dining rooms. The homes will offer a large living - dining area downstairs, with adjoining kitchen and powder room. Upstairs, the two bedrooms have common access to the main bathroom. The development will fit within the current context of the neighborhood, giving a pleasant upbeat flair to the corner on which it is situated. The landscaped area along Curbaril, with fencing restricted to the rear of Lot 3, will preserve a parklike atmosphere. The removal of the single elm tree which is situated in the sidewalk on Sinaloa will be mitigated by' the planting of numerous trees in the landscaped area Construction of roadway, curb, and sidewalk improvements will substantially improve the appearance of the corner, while achieving control of local flooding hazards. Construction of similar improvements • on the opposite side of Sinaloa by the recently approved Voorhis PO project will combine to give the corner a refurrbished appearance. The creation of 3 separate parcels will allow for sale of individual units with land as opposed to condominium units. Many local residents and other potential buyers prefer to "own the land', and financial institutions are better able to lend money on separately held lots rather than airspace condominiums in this area The pride generated by individual ownership will result in better upkeep of the properties as opposed to condominium and apartment projects. Our project will offer moderately priced housing, with attractive landscaping. Target market is first time or small family buyers who desire the amenities of basic, well constructed housing. These units will also offer the opportunity for senior citizens to purchase new housing which is close enough to walk to the downtown area In conclusion, we believe that this development will serve the community on several accounts: It will provide an attractive, finished project which will complete the public improvements on the comer of Sinaloa and Curbaril. It will also provide moderately priced housing, for buyers who desire new housing which is Gose to the downtown area. To the best of our knowledge, the project design will not have any unmitigated impacts. • Respectfull submitted Russel Best Owner- Developer .Sft CITY OF ATASCADERO EXHIBIT G NEGATIVE DECLARATION COMMUNITY DEVELOPMENT1, I Ism (copy) DEPARTMENT CITY OF ATASCADERO �y �• ENVIRONMENTAL COORDINATOR °�'° NEGATIVE DECLARATION CONW-WIY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASGADERO.CA 93422 (805)461-5035 APPLICANT: R.jss,,_ aes'r V3SO QeLTON PADeaft B", CR. g344Z PROJECT TITLE: -T?M 4 t8-9 0 PROJECT LOCATIONS cwt�6E 4-03-gO '797o %Np.L.OA PROJECT DESCRIPTION: p�vis►oer T�� Qr►R�E'l.5 of 3,`t'26 �•r2� ;,435 �r2, �+►0 4,066 -S-rZ Foe su+E,� fv«v►i��{ �� r�+41. vsE, E i*%CWWS Xte;moav aF 4p � 6U FINDINGS: p�" T� &-40 -t '[o eYa�r�Kb, i�Mt`--t(o sov+%e4G. 1. The project does not have the potential to degrade the e-vironmerrL 2. The project will not achieve short-term to the disadvantage of long term environmental goals. 3. The project does not have Impacts which are individually limited.but comulatively considerable. 4. The project will not cause substantial adverse effects on bums-beings either directly or indirectly. DETERBONATION: Based on the above Sndlags.and the information contained in the initial study(made a part hereof by refer- ence and on file in the Communtty Development Department).it has been determined that the above project will not have an adverse impact on the environment. H ge Community evelopm ector Date Posted: OCTOBER 30, 1990 Date Adopted: • CW 11.0 EXHIBIT H - Findings for Approval Tentative Parcel Map 18-90 7970 Sinaloa Avenue (Best/Cuesta) November 20, 1990 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1. The proposed subdivision is consistent with applicable General and Specific Plans. 2. The design and/or improvement of the proposed subdivision is consistent with applicable General and Specific Plans. 3. The site is physically suitable for the type of development • proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision design, and/or the type of improvements proposed, will not cause serious public health problems. TPM-18-90. fin • EXHIBIT I - Conditions of Approval Tentative Parcel Map #18-90 7970 Sinaloa Avenue (Best/Cuesta) CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall be extended to the frontage of each parcel, prior to the paving of the road and the recordation of the Final Map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the Final Map. If there are building or other restrictions related to the easements, they shall be noted on the Final Map. 3. All relocation and/or alteration of existing utilities shall be the responsibility of the developer, and shall be placed underground. 4. The newly formed lots shall be connected to the public sewer. All annexation permit fees in effect at the time of recordation shall be paid for the newly created lots prior to the recordation of the Final Map. Sewer laterals shall be installed to each lot prior to paving the road. 5. In addition to the installation of water and sewer services, the developer shall install gas, electricity, telephone, and cable television services to each lot prior to paving the road and the recordation of the Final Map. 6. A grading and drainage plan, prepared by a registered civil engineer, shall be submitted to the Community Development Department for review and approval by both the Community Development and Public Works departments, prior to the issuance of any building permits. 7. An encroachment permit shall be obtained from the City Public Works Department prior to the commencement of construction activities. In addition, an Inspection Agreement shall be signed guaranteeing that the work will be done and the inspections will be paid for. 8. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, gaurdrails, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modification after construction. • • 9. Road improvement plans, prepared by a registered civil engineer, shall be submitted to the Community Development Department for review and approval by the Public Works Department, prior to the construction of the improvements. Plans shall include, but shall not' be limited to: Sinaloa Avenue: Pavement shall be widened to a width of twenty (20) feet from the centerline of the right- of-way to the curb face. A curb, gutter, and five (5) foot sidewalk shall be installed. A concrete cross gutter shall be installed to match the cross gutter to be built by the project across the street on Sinaloa. The recommended minimum slope of the concrete gutter is 0. 005. The minimum curb return radius at the property line shall be twenty-five (25) feet. Curbaril Avenue: Pavement shall be widened to a width of twenty (20) feet from centerline of right-of-way to curb face. Curb, gutter, and a five (5) foot sidewalk shall be installed, designed to match the existing improvements to the south. An asphalt berm shall be installed from the end of the concrete curb to the existing curb to the south. An asphalt drive approach shall be installed to serve the property between the • existing improvements and the new improvements. 10. Construction of all public improvements shall be completed prior to the recordation of the Final Map. 11. All public improvements shall be covered by a 100% Performance Guarantee and a 100% Labor and Material Guarantee until construction is deemed substantially complete, and by a 10% Maintenance Guarantee until one year after substantial completion. 12. Public improvement plans shall be reviewed and approved by the City Fire Department, prior to the recordation of the Final Map. Plans shall include the necessary fire hydrant upgrade of the existing fire hydrant at the corner of Sinaloa Avenue and Curbaril Avenue. 13. All lot grading and drainage improvements shall require a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 14. The following right-of-way shall be offered for dedication to the City of Atascadero: Street Name: Sinaloa Avenue Limits: 25 feet from the centerline of the right-of- way to the property line. • Street Name: Curbaril Avenue Limits: 25 feet from the centerline of the right-of- way to the property line. Corner Rounding: A minimum radius of 25 feet at property line at the intersection of Curbaril and Sinaloa. All offers of dedication shall be completed and recorded prior to, or in conjunction with, the recordation of the Final Map. 15. Landscape plans, including means of irrigation, shall be submitted along with other materials required for the filing of a building permit application. This information may be shown on the grading plan. Said landscape plans shall substantially conform to the landscaping shown on the site plan, and shall include a minimum of two (2) 15 gallon native trees to serve as replacements for the 12" Elm tree proposed to be removed. All landscaping shall be completed, or agreements shall be made for its completion, prior to the final building inspections. 16. All development shall be in conformance with information contained in the application, including but not limited to grading, driveway and utility locations, house plans, • building setbacks, and landscaping. 17. A Final Map, in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance, prior to the recordation of the Final Map. a. Monuments shall be set at all new property corners by a registered civil engineer or licensed land surveyor, as required by the Land Surveyor' s Act and Subdivision Map Act. Monuments set within any road right-of-way shall conform to City Standard drawing M-1. b. Pursuant to Section 66497 of the Subdivision Map Act, the engineer or surveyor shall notice the City Engineer in writing that the monuments have been set. C. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the Final Map. i d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the Final Map. • 18. Approval of this tentative map shall expire two (2) years from the date of final approval, unless an extension of time is granted pursuant to a written request received prior to the expiration date. TPM-18-90.con • • EXHIBIT J DRAFT ORDINANCE • ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 17 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 7970 SINALOA AVENUE FROM RMF/16 TO RMF/16 (PD7) (ZC 03-90 : BEST/CUESTA) WHEREAS, the proposed zoning map amendments are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on November 20, 1990 and has recommended approval of Zone Change 03-90. • NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan land use element. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 5. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the overlay zone cannot be • reasonably achieved through existing development standards or processing requirements. Ordinance No. • 7. The proposed plans offer certain redeeming features to compensate for requested modifications. Section 2. Zoning Map. Map number 17 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify the parcel listed below, and shown on the attached Exhibit A, which is hereby made a part of this ordinance by reference. Lot 31; Block HA; Atascadero Colony Development of said parcel shall be in accordance with the standards of the Planned Development Overlay Zone No. 7, and consistent with the attached Exhibit B. Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and • circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: ROBERT LILLEY, Mayor City of Atascadero, California • REVISED 1/22/91 • ATTEST: LEE DAYKA, City Clerk RAY WINDSOR, City Manager APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director • • CITY OF ATASCADERO DRAFT ORDINANCE (EXHIBIT A) COMMUNITY DEVELOPMENT • DEPARTMENT AVE • � 1 • M. R F.Z i MF• ui 4VE Z - 446q r� 1 W ! 4l� - r v AL 'O - e CITY OF ATASCADERO EXHIBIT CONDIUNM DEVELOPMLNT REVI SED MASTER PLAN DEPARTMENT Q_ C C S og4i �YTI' f' ¢ 's 0 < crZ w LA 3 � W•41 _ V) U c N �8�� Qui xzs5 UU1 Q N N W Li!Ln Q N E j' O a , L PSE U _ f WI CL 4" r P 0 p C U /�. L I 46 ; ,ivr rho uj s I o I i Ur r ,b • rn � C! I ~ v U EXHIBIT F Dec. 18, 1990 staff r- TPM #18-90 MEMORANDUM • DATE: December 18, 1990 TO: Planning Commission FROM: Gary V. Kaiser, Assistant Planner SUBJECT: TPM #18-90/Zone Change #03-90 7970 Sinaloa Avenue (Russel Best/Cuesta Engineering) The above-referenced project was considered by this Commission at its November 20, 1990 meeting. After considering public testimony, it was determined by the Commission that the item should be continued until their December 18, 1990 meeting. It should be noted that considerable time was allocated to the topic of minimum lot sizes. A motion was even made to deny the map on the premise that, because of prior Council actions, the original 0. 25-acre site was not suitable for the type of development proposed. Finally, it was established by the Commission that the Commission's primary purpose was to make recommendations to the Council, based on the General Plan and • implementing standards in effect at that time, rather than attempting to guess what the Council' s action on the project might be. At present, there is no established minimum lot size for Planned Residential Developments. The majority of the Commission concurred that the subject of minimum lot sizes, lacking any guidance from the General Plan, Subdivision Ordinance, or Zoning Ordinance, should not dictate their, action on the project. The purpose of continuing the item was to allow the applicant ample time to provide more details related to the proposed landscaping, fencing, and trash enclosure areas. At the same time, staff was directed to draft an additional condition of approval requiring that Codes, Covenants and Restrictions (CC&R' s) be recorded. The CC&R' s, which were originally proposed but were not addressed in the conditions of approval, are to address the maintenance of building design, fencing, landscaping, and the storage of solid waste. This condition will be somewhat redundant, since all future development of the site must be in conformance to the approved Master Plan of Development. The CC&R' s, however, will provide the future owners of the proposed parcels with additional leverage in the case that compliance with the Master Plan provisions is not maintained over time. Attached is the revised Master Plan of Development (Exhibit A) , the revised conditions of approval (Exhibit B) , and the November 20, 1990 staff report (Exhibit C) . Note that condition #17 has been added to the original list of conditions, and that a minor • amendment to condition #16 has been made so that the topic of fencing is included. Staff' s recommendation has not changed since the drafting of this original staff report. • 414oft , CITY OF ATASCADEROEXHIBIT A COMMUNITY DEVELOPMENT REVISED MASTER PLAN i DEPARTMENT yy a. mks UJI I Y H W�Ca.O M1 N 0 Z C"r v=i� tl o Yr stip' ¢z 2 4 9�S2 ms = W Z5, F— v Edi[ an. Vhf N 2 a CL C ' � `t ►I � � i o . r W < ►. •► o J tA I :c.ow J i EXHIBIT B - Amended Conditions of Approval EXHIBIT BREVISED CONDITIONS Tentative Parcel Map #18-90 7970 Sinaloa Avenue (Best/Cuesta) (Revised 12-18-90) • CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall be extended to the frontage .of each parcel, prior to the paving of the road and the recordation of the Final Map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the Final Map. If there are building or other restrictions related to the easements, they shall be noted on the Final Map. 3. All relocation and/or alteration of existing utilities shall be the responsibility of the developer, and shall be placed underground. 4. The newly formed lots shall be connected to the public sewer. All annexation permit fees in effect at the time of recordation shall be paid for the newly created lots prior to the recordation of the Final Map. Sewer laterals shall be installed to each lot prior to paving the road. 5. In addition to the installation of water and sewer services, .the developer shall install gas, electricity, telephone, and • cable television services to each lot prior to paving the road and the recordation of the Final Map. 6. A grading and drainage plan, prepared by a registered civil engineer, shall be submitted to the Community Development Department for review and approval by both the Community Development and Public Works departments, prior to the issuance of any building permits. 7. An encroachment permit shall be obtained from the City Public Works Department prior to the commencement of construction activities. In addition, an Inspection Agreement shall be signed guaranteeing that the work will be done and the inspections will be paid for. 8. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, gaurdrails, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modification after construction. • 9. Road improvement plans, prepared by a registered civil engineer, shall be submitted to the Community Development Department for review and approval by the Public Works • Department, prior to the construction of the improvements. Plans shall include, but shall not be limited to: Sinaloa Avenue: Pavement shall be widened to a width of twenty (20) feet from the centerline of the right- of-way to the curb face. A curb, gutter, and five (5) foot sidewalk shall be installed. A concrete cross gutter shall be installed to match the cross gutter to be built by the project across the street on Sinaloa. The recommended minimum slope of the concrete gutter is 0. 005. The minimum curb return radius at the property dine shall be twenty-five (25) feet. Curbaril Avenue: Pavement shall be widened to a width of twenty (20) feet from centerline of right-of-way to curb face. Curb, gutter, and a five (5) foot sidewalk shall be installed, designed to match the existing improvements to the south. An asphalt berm shall be installed from the end of the concrete curb to the existing curb to the south. An asphalt drive approach shall be installed to serve the property between the existing improvements and the new improvements. 10. Construction of all public improvements shall be completed prior to the recordation of the Final Map. • 11 . All public improvements shall be covered by a 100% Performance Guarantee and a 100% Labor and Material Guarantee until construction is deemed substantially complete, and by a 10% Maintenance Guarantee until one year after substantial completion. 12. Public improvement plans shall be reviewed and approved by the City Fire Department, prior to the recordation of the Final Map. Plans shall include the necessary fire hydrant upgrade of the existing fire hydrant at the corner of Sinaloa Avenue and Curbaril Avenue. 13. All lot grading and drainage improvements shall require a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 14. The following right-of-way shall be offered for dedication to the City of Atascadero: Street Name: Sinaloa Avenue Limits: 25 feet from the centerline of the right-of- way to the property line. • Street Name: Curbaril Avenue Limits: 25 feet from the centerline of the right-of- way to the property line. Corner Rounding: A minimum radius of 25 feet at • property line at the intersection of Curbaril and Sinaloa. All offers of dedication shall be completed and recorded prior to, or in conjunction with, the recordation of the Final Map. 15. Landscape plans, including means of irrigation, shall be submitted along with other materials required for the filing of a building permit application. This information may be shown on the grading plan. Said landscape plans shall substantially conform to the landscaping shown on the site plan, and shall include a minimum of two (2) 15 gallon native trees to serve as replacements for the 12" Elm tree proposed to be removed. All landscaping shall be completed, or agreements shall be made for its completion, prior to the final building inspections. 16. All development shall be in conformance with information contained in the application, including but not limited to grading, driveway and utility locations, house plans, building setbacks, fencing, and landscaping. 17. Codes, Covenants and Restrictions (CC&R' s) shall be recorded, prior to the recordation of the Parcel Map, and shall address the fencing, landscaping, and storage of solid • waste containers (trash cans) . Said CC&R' s, prior to being recorded, shall be reviewed and approved by the City Community Development Department for conformance to the approved Master Plan of Development. 18. A Final Map, in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance, prior to the recordation of the Final Map. a. Monuments shall be set at all new property corners by a registered civil engineer or licensed land surveyor, as required by the Land Surveyor' s Act and Subdivision Map Act. Monuments set within any road right-of-way shall conform to City Standard drawing M-1. b. Pursuant to Section 66497 of the Subdivision Map Act, the engineer or surveyor shall notice the City Engineer in writing that the monuments have been set. • C. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the Final Map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the Final Map. 19. Approval of this tentative map shall expire two (2) Years from the date of final approval, unless an extension of time is granted pursuant to a written request received prior to the expiration date. TPM-18-90.co2 • MINUTES EXCERPT - PLANNING COMMISSION - MARCH 5 , 1991 19. (new) CC&Rs shall address the subject of building locations on the lots intended for residential use and shall include language addressing the preservation of the grove of oak trees affecting the lots on the west side of the proposed private road. Said CC&Rs shall also include language adequate for precluding construction of buildings on the steeper portions of the residential lots, and shall preclude any extensive grading and exposed foundations in excess of eighteen (18) inches on said residential lots. This portion of the CC&Rs shall be subject to the review and approval of the Community Development Department prior to their recordation. 22. (new) The final map shall include an access denial strip, one (1) foot in width, on each residential parcel which abuts the public road right-of-way of Santa Barbara and/or Atascadero Roads. 23. (new) All new buildings on the site shall be equipped with low-flow water conservation devices on all toilets and shower heads. Chairperson Luna declared a recess at 9 : 17 p.m. ; meeting • reconvened at 9 : 30 p.m. 2. TENTATIVE PARCEL MAP 18-90 - Conditions of Approval: Application filed by Russel Best (Cuesta Engineering) to consider conditions of approval for the creation of a three lot residential subdivision. Project would result in the division of 0. 25 acres into three parcels of approximately 3, 426, 3, 435, and 4, 016 square feet each. Subject site is located at 7970 Sinaloa Avenue. Mr. Kaiser presented the staff report and provided a background on the Commission and Council actions concerning this application in conjunction with Zone Change 3-90 (establishment of planned unit development) . Commission Waage requested that a condition be added to require low flow water conservation devices. Deborah Hollowell with Cuesta Engineering, stated that the applicant is in concurrence with staff' s recommendation and would have no problem with Commissioner Waage' s request. MOTION: By Commissioner Highland and seconded by .Commissioner Lochridge to recommend approval of the • Conditions of Approval for Tentative Parcel Map 18- 90 as modified: MINUTES EXCERPT - PLANNING COMMISSION - MARCH 5 1991 20. All three (3 ) residential ti 1 buildings shall be equipped with low-flow water conservation devices on each toilet and shower. Commissioner Johnson noted his opposition to the project stating that the lot is already substandard and will become more so if request is approved. He added that to impact the area with single family residences was not the intent of the planned development overlay. Commissioners Waage and Kudlac concurred noting that they, too, could not support the project. Commissioner Highland stated that the City Council's reversal of the Planning Commission' s denial of this project is a clear message to the Commission concerning minimum lot sizes. All the Commission is being asked to do in this case is act on conditions of approval by direction of the Council. . Commissioner Hanauer commented on the Council' s direction and referenced the recent memo concerning Council reversing Commission decisions. Chairperson Luna stressed that this particular planned development is an abuse of the process, yet it is the Council who sets policy. He added he has an obligation to try and implement their policies. He said he is torn between voting for or against the project, so he will abstain from voting. The motion carried 3: 3: 1 with the following roll call vote: AYES: Commissioners Highland, Lochridge, and Hanauer NOES: Commissioners Kudlac, Johnson, and Waage ABSTAIN: Chairperson Luna (counted as "aye vote) 3. ZONE CHANGE 6-90/TENTATIVE TRACT 6-90: Applications filed by Jim and ris Hazard (Tartaglia- Hughes) to establish a Plan Development Overlay Zone (PD) and to allow subdivis ' n of two colony lots into six lots ranging in sizeom 5, 194 square feet to 6, 958 square feet each. Spbject site is located at 5160/5180 Palma Avenue. Doug Davidson pre 'nted, the staff report which focused on issues includi minimum lot size standards, the planned development erlay zone, housing policies, multiple family zones, et . The development standards were addressed previou y. during the precise plan process. Mr. Davidson pointed out that a redeeming factor for this planned EXHIBIT D - Conditions of Approval • Tentative Parcel Map #18-90 7970 Sinaloa Avenue (Best/Cuesta) March 5, 1991 - Revised at Planning Commission Hearing CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall be extended to the frontage of each parcel, prior to the paving of the road and the recordation of the Final Map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the Final Map. If there are building or other restrictions related to the easements, they shall be noted on the Final Map. 3. All relocation and/or alteration of existing utilities shall be the responsibility of the developer, and shall be placed underground. 4. The newly formed lots shall be connected to the public sewer. All annexation permit fees in effect at the time of recordation shall be paid for the newly created lots prior to the recordation of the Final Map. Sewer laterals shall be installed to each lot prior to paving the road. 5. In addition to the installation of water and sewer services, ' the developer shall install gas, electricity, telephone, and cable television services to each lot prior to paving the road and the recordation of the Final Map. 6. A grading and drainage plan, prepared by a registered civil engineer, shall be submitted to the Community Development Department for review and approval by both the Community Development and Public Works departments, prior to the issuance of any building permits. 7. An encroachment permit shall be obtained from the City Public Works Department prior to the commencement of construction activities. In addition, an Inspection Agreement shall be signed guaranteeing that the work will be done and the inspections will be paid for. 8. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, gaurdrails, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modification after construction. 9. Road improvement plans, prepared by a registered civil • engineer, shall be submitted to the Community Development Department for review and approval by the Public Works Department, prior to the construction of the improvements. Plans shall include, but shall not be limited to: Sinaloa Avenue: Pavement shall be widened to a width of twenty (20) feet from the centerline of the right- of-way to the curb face. A curb, gutter, and five (5) foot sidewalk shall be installed. A concrete cross gutter shall be installed to match the cross gutter to be built by the project across the street on Sinaloa. The recommended minimum slope of the concrete gutter is 0. 005. The minimum curb return radius at the property line shall be twenty-five (25) feet. Curbaril Avenue: Pavement shall be widened to a width of twenty (20) feet from centerline of right-of-way to curb face. Curb, gutter, and a five (5) foot sidewalk shall be installed, designed to match the existing improvements to the south. An asphalt berm shall be installed from the end of the concrete curb to the existing curb to the south. An asphalt drive approach shall be installed to serve the property between the existing improvements and the new improvements. • 10. Construction of all public improvements shall be completed prior to the recordation of the Final Map. 11. All public improvements shall be covered by a 100% Performance Guarantee and a 100% Labor and Material Guarantee until construction is deemed substantially complete, and by a 10% Maintenance Guarantee until one year after substantial completion. 12. Public improvement plans shall be reviewed and approved by- the City Fire Department, prior to the recordation of the- Final Map. Plans shall include the necessary fire hydrant upgrade of the existing fire hydrant at the corner of Sinaloa Avenue and Curbaril Avenue. 13. All lot grading and drainage improvements shall require a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 14 . The following right-of-way shall be offered for dedication to the City of Atascadero: Street Name: Sinaloa Avenue Limits: 25 feet from the centerline of the right-of- way to the property line. Street Name: Curbaril Avenue Limits: 25 feet from the centerline of the right-of- way to the property line. Corner Rounding: A minimum radius of 25 feet at property line at the intersection of Curbaril and Sinaloa. All offers of dedication shall be completed and recorded prior to, or in conjunction with, the recordation of the Final Map. 15. Landscape plans, including means of irrigation, shall be submitted along with other materials required for the filing of a building permit application. This information may be shown on the grading plan. Said landscape plans shall substantially conform to the landscaping shown on the site plan, and shall include a minimum of two (2) 15 gallon native trees to serve as replacements for the 12" Elm tree proposed to be removed. All landscaping shall be completed, or agreements shall be made for its completion, prior to the final building inspections. 16. All development shall be in conformance with information contained in the application, including but not limited to grading, driveway and utility locations, house plans, building setbacks, fencing, and landscaping. 17. Codes, Covenants and Restrictions (CC&R' s) shall be • recorded, prior to the recordation of the Parcel Map, and shall address the fencing, landscaping, and storage of solid waste containers (trash cans) . Said CC&R' s, prior to being recorded, shall be reviewed and approved by the City Community Development Department for conformance to the approved Master Plan of Development. 18. A Final Map, in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance, prior to the recordation of the Final Map. a. Monuments shall be set at all new property corners by a registered civil engineer or licensed land surveyor, as required by the Land Surveyor' s Act and Subdivision Map Act. Monuments set within any road right-of-way shall conform to City Standard drawing M-1. b. Pursuant to Section 66497 of the Subdivision Map Act, the engineer or surveyor shall notice the City Engineer in writing that the monuments have been set. • c• A recently- updated preliminary title report shall . be submitted for review in conjunction with the processing of the Final Map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the Final Map. 19. Approval of this tentative map shall expire two (2) years from the date of final approval, unless an extension of time is granted pursuant to a written request received prior to the expiration date. 20. All three (3) residential buildings shall be equipped with low-flow water conservation devices on each toilet and shower. TPM-18-90.co3 REPORT TO CITY COUNCIL • CITY OF ATASCADERO Agenda Item: B_2 Through: Ray Windsor, City Manager Mtg. Date: 3/26/91 From: Henry Engen, Community Dev. Dir. File No: ZC 06-90/ TTM 30-90 SUBJECT: Request to establish a Planned Development Overlay zone (PD7) to allow a subdivision of 'two Colony lots into six lots ranging in size from 5, 194 square feet to 6, 958 square feet at 5160/5180 Palma Avenue - Jim & Kris Hazard/Tartaglia-Hughes. RECOMMENDATION: 1) Waive reading of Ordinance No. 219 in full and approve by title only; and 2) Approve Ordinance No. 219 on first reading 3) Approve Tentative Tract Map 30-90 subject to the Planning Commission' s Findings and Conditions of Approval • BACKGROUND: On March 5, 1991 , the Atascadero Planning Commission conducted a public hearing on the above referenced subject. On a 4:3 vote, the Commission recommended approval of the Zone Change and Tract Map requests based on the Findings and Conditions of Approval contained in the attached staff report. There was discussion and public testimony as referenced in the attached minutes excerpt. HE:ps Attachments: Staff Report - March 5, 1991 Minutes Excerpt - March 5, 1991 Ordinance No. 219 cc: James & Kris Hazard Tartaglia-Hughes Engineering CITY OF ATASCADERO Item: 4j, • STAFF REPORT FOR: Planning Commission Meeting Date: March 5, 1991 BY: Doug Davidson, Senior Planner File No: TTM 30-90/ZC 06-90 SUBJECT: Consideration of a request to establish a Planned Development Overlay zone (PD7) and the corresponding creation of a six lot residential subdivision. RECOMMENDATION: Staff recommends approval of Zone Change 06-90 based on the Findings for Approval contained in the Draft Ordinance (Exhibit J) . Also, staff recommends approval of Tentative Tract Map 30-90 based on the Findings for Approval in Exhibit K and the Conditions of Approval in Exhibit L. • SITUATION AND FACTS: 1. Owner. . . . . . . . . . . . . . . . . . . . . . . .Jim & Kris Hazard 2. Representative. . . . . . . . . . . . . . .Tartaglia-Hughes 3. Project Address. . . . . . . . . . . . . .5160/5180 Palma Ave. 4. General Plan Designation. . . . .Low Density Multiple Family 5. Zoning District. . . . . . . . . . . . . .RMF/10 6. Site Area. . . . . . . . . . . . . . . . . . . .0.79 acre 7. Existing Use. . . . . . . . . . . . . . . . .Six-unit Project (under construction) 8. Environmental Status. . . . . . . . .Negative Declaration posted on February 12, 1991. • BACKGROUND: Precise Plan 74-89 became effective on May 15, 1990. This environmental review established Conditions of Approval for the development of two new single family residences on a lot containing one single family dwelling. Subsequently, the applicant appealed the requirement for curb, gutter, and sidewalk along the property frontage. The Planning Commission denied the appeal at their July 3, 1990 meeting. Ultimately on appeal at the City Council on August 14, 1990, the street improvements were modified to require additional paveout and an in-lieu contribution to the City Sidewalk Fund. This revised Condition also was applied to the adjacent lot under Precise Plan 59-90, a similar development of two new single family dwellings with one existing unit. A preliminary review of the proposed Tract Map was submitted on October 29, 1990, resulting in the formal application being received on December 11, 1990. ANALYSIS: The current request is a small lot subdivision of two existing Colony lots into six separate lots ranging in size from 5, 194 square feet to 6,958 square feet. Each existing lot is approximately 0.40 acres in size, allowing for a maximum of three two-bedroom units on each site. Although, separate Precise Plans were processed, the site is being developed as a single development with shared access and consistent architecture. The site development also dictates that the subdivision be analyzed comprehensively. With a minimum lot size of one-half acre in the RMF zones, small lot subdivisions require the establishment of a Planned Development Overlay Zone (PD) . The City has created an generic overlay zone of PD7 for small lot residential subdivisions. Since the proposal hinges on the establishment of a PD Overlay, the analysis will start with the Zone Change request. Minimum Lot Size Standards The Zoning Ordinance and General Plan set a minimum lot size of one-half acre in multiple family zones. Residential Policy #6 of the General Plan (Page 57) allows smaller lot sizes "in conjunction withlanned residential developments,P p nts, provided that the overall density within the project is consistent with other density standards contained herein. As stated above, the proposed density conforms to the density standards of the Zoning Ordinance and General Plan. Six (6) two-bedroom units are the maximum allowed for a 0.79 acre site in the RMF/10 zone. Planned Development Overlay Zone The Zoning Ordinance contains the purpose and required findings for PD zones. The purpose statement (Section 9-3.641) reads as follows: "The Planned Development Overlay Zone identifies areas where development standards or processing requirements different from those established by the underlying zoning district are deemed necessary to promote orderly and harmonius development and to enhance the opportunity to best utilize special characteristics of an area. " To implement the purpose statement, the following four findings (Section 9-3.644) must be made: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonius development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4 . The proposed plans offer certain redeeming features to compensate for the requested modifications. Housing Policies The goal of providing a full range of housing opportunities is difficult to realize with a City-wide minimum lot size of one- half acre. One of the fundamental goals of the General Plan (Page 130) is "a desire to encourage residential projects to provide housing units affordable to persons with low and moderate incomes by offering developers either a density bonus or other bonus incentives. " While a density bonus is a worthwhile objective, the result is development in excess of what community density standards have established as a maximum. A Planned Development Overlay zone, on the other hand, cannot be used to provide more units than is otherwise allowed. (This is despite the fact that Zoning Ordinance section 9-3.643 (d) states that permitted density may be modified with a PD - This phrase is currently ignored and will be struck in the Zoning Ordinance re- write, for allowing PDs to exceed the density standards violates the General Plan) . Thus density is not an issue - the site will either be developed as rental units in accordance with the approved Precise Plans, or as single family dwellings available for purchase. Recent ,Planning Commission discussion has questioned what the City gains by granting these small lot subdivisions in multiple family zones. Current City standards do not require the provision of low or moderate income housing for creating a PD7 zone, nor are additional amenities deemed necessary by the Ordinance. Staff is presently working on revised standards that strengthen the advantages to the City of PD7 zones. In the meantime, however, staff continues to support the creation of home ownership opportunities as a benefit to the City. The following City policies illustrate that the provision of housing on small lots available for ownership is a primary feature of City' s Housing Element: "Promote the development and construction of new housing units for low and moderate income persons. "Promote and encourage the development and construction of new housing units for first time homebuyers. " "Provide flexibility in development standards as a means to lower overall costs of low and moderate income housing units. " Furthermore, Section 11 of the Housing Element identifies a problem area of Special Needs and Variety in Housing • Opportunities. The adopted policy to counter this problem encourages a wide range of housing opportunities. The programs to implement this policy all stress maintaining flexibilty in zoning standards. The mechanism to enable flexibility is the PD zone. The recent PD requests, including the subject project, do not represent "affordable" housing units. Although difficult to define, the term usually relates to low and moderate income housing as defined by State law. Small lot subdivisions do, however, provide an different form of housing. A brief look at residential zoning in Atascadero shows why various options should be encouraged. Single family residential land in Atascadero is dominated (70%) by a zone where the minimum lot size ranges from 2 1/2 to 10 acres. This yields the rural nature with large lots and "elbow room" that forms the community' s image and basic purpose. This unique rural lifestyle must be protected, but as the above Housing Element policies recognize, it limits the number of available housing options. Since the density principles of the General Plan cannot be exceeded, the viable location for the PD7 zone is multiple family areas. For instance, a PD7 Overlay in the RSF-Y zone cannot exceed a density of one home per acre. Notwithstanding the recent Pine Mountain subdivision (Noakes) , • feasible PD7 Overlays in single family zones are rare. Multiple Family Zones Multiple family zones are designated for apartments, condominiums, as well as single family dwellings where appropriate. These land uses have all been subject to revised development standards in the last few years. These revised standards recognize site constraints, intensity of land use, and ensure adequate amenities. In May, 1987 the Hillside Density Standards were adopted for multiple family zones. This sliding scale results in a development pattern of - the steeper the land and greater the number of bedrooms, the less number of allowed units. Also included in this Ordinance were minimum requirements for coverage, storage, recreation areas, parking, and fencing. Furthermore, the Condominium Conversion Ordinance was recently adopted to provide a greater level of amenities and quality of improvements for conversion of apartments to condominiums. Similarly, the impending revision to the Planned Development Overlay section of the Zoning Ordinance intends to demand a high quality of design and community benefits for small lot subdivisions. This should complete the upgrade of multiple family development by having standards that recognize site constraints and insist that projects intended for ownership are of a higher caliber. Until then, however, the staff has tried to prove that supplying a small lot for single family home ownership is indeed a valuable asset to the City. Other Issues This report has focused on the merits of creating a small lot subdivision, for the development issues have been addressed in the Precise Plan approvals. Precise Plan conditions, such as assuring adequate access, parking, and storage were satisfied in the plan check for building permits. As of this writing, building permits for the entire project have been approved and are ready for issuance. Although the proposed lot lines are somewhat irregular, staff agrees with the applicant' s engineer that the proposed design takes the site layout into account. In this manner, the parking and open space areas for each unit are contained within its own property lines. Access and utility easements will be recorded as a part of the map. CONCLUSIONS: The staff is aware that small lot residential subdivisions via the creation of a PD7 zone are one of the more controversial • topics facing the City. The debate centers on what benefit the City is receiving in return for allowing small lots. In light of • the City' s housing policies it seems that a variety of home ownership opportunities should be promoted. The City will have to provide evidence in the Housing Element Update of programs intended to carry out these policies. The small lot subdivision is one such method and provides a benefit to the City, even if ownership is the only true advantage. The upcoming revision to the PD standards will only increase this benefit. ATTACHMENTS: Exhibit A - Zoning Map Exhibit B - General Plan Land Use Map Exhibit C - Tentative Tract Map Exhibit D - Elevations Exhibit E - Floor Plan Exhibit F - Development Statement Exhibit G - Precise Plan 74-89 Exhibit H - Precise Plan 59-90 Exhibit I - Negative Declaration Exhibit J - Draft Ordinance (PD7) Exhibit K - Findings for Approval (Tract Map) Exhibit L - Conditions of Approval (Tract Map) • • - —i� �I � /.� � , rte. ► PIP wo- joew INN — .• .oilwas on . Evil11111 I�� ,1111 ��/11■//t �� -_ _ - =�_= ` _ oil IN Ma �� ■ 1 ■ �� . •• w r �� I r ► ,� tai�a� `�• ��� i' ���.. 'moi,,.: ♦ • ♦ � 111 '��� `► �•� ..,� — ����� �� to ♦� r `'" e �� .R�, EXHIBIT C ,,K(L-4: �; CITY OF TENTATIVE MAP ,I .. ATASCADERO TRACT MAP 30-90 4 COMMUNITY DEVELOPMENT ZONE CHANGE 06-90 Q11, DEPARTMENT i TarArlw Truer N..NR. Joss IM 1111 CITY OF ATAMAMRo. COONTI OF DAN Wit DDIMo, CA.. ![t,q j A DIVISION OF II ATASCAO97O COLONT AS SAID LOTS AM SHOWN ON TW MAF 111.60 iN MAF DOOR♦ FAD/ NA"Done ON SAID JeLCOUNTY. 3 ; `3 !lNtMlHI'D eMTlrreATi s fOP07 w - \ I WHOM CS CO PV MID I,A►rU FON►DID w we AND re THE Din OF NII ORDINANCE CdPLiu rIM TW NIDOtrrslar NAF ACT AND Lawl aatNANeu. _ OARADf / p I ROMRi C. TMTAOL A MR. 1A0U AOCMM• O dOY /930 • nf[,owe[ I E-'f-3.Tdlff. ...`ash , •• LOT f arra•D ewnrieAn / f IS / ; LOi'J qto /RlJ/DfI�G I"[Ailey APKY PMR APPROVAL OP THE o1111S1a,a NUL NIOPIRTM SININN 3 1 ON rHA"IS KAT AND CIATIFY TINT r AN TNI LIOAL DrNM aF UID PROPS IT 7 I ? I J ANO TT TIN IMMOLATION N/ROM II TAW AND OOMECT r0 rrI MST Or Access NY RNORIOOI uo OI �'AfJ/QFUL•G\ r.TNI•_, UrrL,1Y r a O SIOMSO, !mss �I 0,340,11 O ] 7 d a wl.Or d I iaCesr qR f,aTo d I I I L /• ,LLarS.,� are Q 1 ! \ sire �� T r� ` �� • AlesodA:cC �� � � a. ♦ 1w. A` 4.20 t `w -ILA, "...A 1. -- T.t.. - I VICINITY MAP+ .>F Air,& TENTATIVE TRACT MAP N0. 2055 i BEING A SIX LOT SUBDIVISION OF LOTS 32 j AND 33, BLOCK RA, TOWN OF ATASCADERO,CA. EXHIBIT D :..' CITY OF ATASCADERO ELEVATIONS -,:,■�!.,� - TRACT MAP 30-90 ' COMMUNITY DEVELOPMENT ZONE CHANGE 06-90 • DEPARTMENT COUP.s mamas' 7 A NrAsm son" ice : i - _ -_ OD FRONT ELEVATION lg r^••� - _ �-r�o h COUP.SHRK"s 1fr 41) C ++.. al 1 A. eo®m CEMENT SIDE ELEVATION vl r^-•�— �.,.r �F COUP.smmm Es /f) �e I _ `It 4I ill �✓ �'� ° t 1 k a. CEMENT PIASTER SIDE ELEVATION +►�rr•-�__. r,•.,•-v n K ,j cow.sH94mEs i ar *Ji CEMENT PIASTER 07, - - REAR ELEVATION �'rn•... b ,•, Io EXHIBIT E CITY OF ATASCADERO FLOOR PLAN TRACT MAP 30-90 COMMUNITY DEVELOPMENT can ZONE CHANGE 06-90 �� DEPARTMENT • w am& III G Pip1 Sig, ti s•-e UPPER FLOOR PIAN '•f'•,' 1 D 14 v - y1 v _ ` OHO f) OO TC"on I s 1 - OYOAO{ a i 1 { ------ 4— .l I ,J# 1 . J i g 1 aeon 1 L4 stoR+w"Nurv.olm Pon a L 1J h. UY/1O ((cis w' -•3, bR11� �! POOCH .� � I I i r1 I" K r LOWER FLOOR PLAN EXHIBIT F DEVELOPMENT STATEMENT TRACT MAP 30-90 • ZONE CHANGE 06-90 Proposed Development: Tract No. 2055 , is a proposed sma l l lot subdivision located at 5160 3 5120 Palma Avenue , between Rosario and San Jacinto Road . The project devalcpment will :onsist Oftheresubdivision of moots 32 RA it the City of Atascaderc. Lots 32 3 32 are approximately 17 . 170 square feet each . The new l is at are proposed fcr the project will consist Of a total :Df si 1-is that range in size from 5 . 194 square feet to 27; seuare feet. -he cropcsed lot numbers and sizes are as f�llcws . _c* Nc . Area 1 519 : '? - ' 04 5 f JU . ft . .J J,.li 5O so . v . 1 1 t Method of Development- The Ce v e l ccment Of this p r0 j ec Z X0;15' 3tS of Creat' ng s"< nd1 '. 1c:Ual 17,ts 1n 1 ieU v' ,etwo e:- ing colcry lots . Each lot wi i l provide a site for a5"1g is f;m1 i _,` resi -enOe . Presentl ., there ,. are 'NC a.. 3 t I ng es I de^c-2s t r.at N l ! �_Ocucy two OF tre new lots . The rema tl 1 rig four i J 7�s V 1 1 , Ge e' a i oce.1 w'. ,?',J resder'ces . P I _r S ,:r ..,e fsur new resz, es are urrer t1y ^,e1 n •-ev 1-awed by t^a ,; y uraer cr-3cise pian ' rcc=ss . all cOrdi .� ,ns set orth in the precise plan procass nave teen s-atisfied by the applicant Summary : -rte ..�rer s requast , na �r�val cf a sma' l 1ct sued,/ Sion , rezone ,no tract map for '_he~ crb�ect in accordance vith the City guidelines . r, i t i al i y the project started as the development Of four ( 4 ) single =amity , individual rental units . Precise olan aoQrovai has been granted by the City for the rental units . The owers , being in real estate , are well aware ;;T the i ,lcreas ing C=mand fcr affordable EXHIBIT F (cont. • ncmes . There is a limited number of homes for sale in the City of atascadero that are within an affordable range without being condominiums or mobile homes . It is the desire of a substantial segment )f the cit ' s population to own their own home but whom cannot afford the added expense of an association fee along with tneir mor-.gage payment. There is also the attraction of owning a free-stand-, ng" name of the 1 r 3,,vri that is not a mob I l e home in a The owners feel that a project of this small scale will maximize the land use O t,�-,cut changing the general character of the neignbornood arid .4ill in fact imcrove the overall appearance of the area. after consideration of several options the final lot configuration Nas determined tc provide the most logical use of the property . The rear units ha,�e been divided so that each unit ' s guest parking Ind yard space lie within its own property lines . While the lots are not rectangular in share they do provide the necessary ::haractar7stics „,-:e highest and tes- use o; the property . EXHIBIT G TTM 30-90/ZC 06-90 ADMINISTRATION BUILDING 6500 PALMA AVENUE 114aseadets POLICE DEPARTMENT • ATASCADERO. CALIFORNIA 93422 PHONE: (805) 466.6000 NCORPORATED JULY 2. 1979 5500 PALMA.AVENUE ATASCADERO. CALIFORNIA 93422 CITY COUNCIL CITY CLERK 66PHONE: (805) 466- 00 CITY TREASURER CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT - FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT _:ATASCADERO. CALIFORNIA 93422 ' PARKS AND RECREATION DEPARTMENT PHONE: (805) 466.2141 April 24, 1990 Robert Fisher 8550-D E1 Camino Real Atascadero, CA 93422 RE: PRECISE PLAN 74-89 5160 Palma Ave. Dear Mr. Fisher: The City of Atascadero has received and reviewed your application for a Precise Plan and Environmental Determination for the • construction of two (2) single family residences, each containing two-bedrooms. The site contains an existing single family dwelling which is to remain. The proposed site is zoned RMF/10 (Residential Multiple Family Low Density) and the proposed use is allowed as defined as a single family dwellings (Section 9-3.172 (a) . The surrounding properties are zoned the same as the subject site, with the exception of property to the south which is zoned CR (Commercial Retail) . A review by the Community Development Director of the environmental description form and application, along with other background information, shows that the project will have no detrimental effect upon the environment; therefore, a Negative Declaration has been prepared. The Director has also found the project, as conditioned, to be in compliance with the provisions of the Zoning Ordinance. The proposed Precise Plan is approved as shown on attached Exhibit B (site plan) , Exhibit C (grading plan) and subject to the conditions of approval in Exhibit E. Final approval becomes effective on May 15, 1990, unless appealed. (NOTE: THIS DOES NOT CONSTITUTE A GRADING OR BUILDING PERMIT. ) • • In the event you intend to appeal any of the conditions, your appeal should be in writing and should state the reasons for the appeal. Any appeal would be scheduled for Planning Commission consideration as a public hearing. You should, however, discuss • any objections to the conditions with planning staff as it may be possible to alter conditions after such discussion. If you should have any questions concerning this project, you are welcome to contact the Community Development Department for assistance. Sincerely, _ Doug Davidson Senior Planner DD/dd cc: Paul Washburn James Hazard Attachments: Exhibit A - Zoning Map Exhibit B - Site Plan Exhibit C - Grading Plan Exhibit D - Tree Removal/Protection Exhibit E - Findings for Approval Exhibit F - Conditions of Approval I i � ► 100 I '•wwwo-ow:•f► IANCR �,e�► ��,�±*� �11I/ 0 umna mnnn EXHIBIT B �i� `\ SITE PLAN 4 CITY OF ATASCADEI4 PRECISE PLAN 74-89 r���• Ma a��. COMMUNITY DEVELOPMENT DEPARTMENT------------------ i _ ...»r. 17 Ism•.e• • • -----------♦ ----- SLO(L .•rrw PROPOSED I { fi• SITE LATA 1 _ �-..�~ — -- -✓. -� .- _ noo.a .r.+.� PROPOSED It 0 '--TY MAP s I .`_,-•--�: o...� .____..._ .. _ •� I �v. 1.� _ ,_—__---__ ---. so OLD(L Is r EXISTM '.OLDO:A, RELOCATW t o iJ. Y PALMA AVENUE ' .. .•..•. .. ...- _. _ u.o.c••.�-r•wu wor vorr•.•.no ww..c.rn _._ � ..o+eoee.s rvr w •.t•.wrcr•.c..nunw.....r I n SITE PL AN LOT i7 m Of.K AA EXHIBIT C CITY PLAN y TY OF ATASCADERO �� ea PRECISE PLAN 74-89 • � COMMUNITY DEVELOPMENT �..;� DEPARTMENT I I� ,� ✓Y*� �— — SLOG. e I 1 _._. 4I u•' �. Ir t �_ i I t A eros. O�.-'W Z a.em•r"` I4 LEGEND i P77cr'.1k .a1G KRIS 9,11M H47ADp t t,�� j.•` t VICINITY MAP +r I GRADING AND DRAINAGE PLAN I LOT 32 BLK, RA - 5160 PALMA AVE. 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Tp•eg WTef nlrj,*-11.04. At+r7 rF0l5crlAd JOA4U�139 A.t✓ To 1•� 'APr1� skv sl TI{6 ally rplt- To &-wil3Nrit3ir,t4' CI• Pr'( NGts�c• o� t11t-� SIT'! AI-F• "15 4+I1flild 11irr �IZtPLtr'8 fetlen TAIA�13 10 M I4tf•i1D ,Ltjh A61- p.aaTs sr'coul-'flex®r_+ Two INGI4B-5 IN hlArlarPr- •� L�ixsjaf'' /ate To 168 GVT IST 14AOto I. Q• , '14AI8 / orG. A-r1tv s0J11•0b V1 Irk AIJ 1.rrpevow TPe15 1: 1OAL-, :SUMMARY Tws of Tut I-A4 "Tor r1+2 ryes Ar THS MJISTA - Cr TWO hourHapw�r wr Ar 17 furs verl1IIIIhAl- 1A.Mt'i( �Oqu?-60:p F6r- TI4Iyn6val.oriver ulL.L- vr610% Tv s.*04r o D A►rrNNANG15 TI+Iz HTFL': eAI.tH Or • T� s)a10 TWItp IIS%iErio�T . 7$TBNhpRio lvhf I r 56TIOra F0$ 9h WILL l.,OHri-areo rae porn. TIB t7FwcL.or-af2-;, 13AwO pfr+ro,0r-V To 4,1.10 A- t7 rrAOTBoT AI-L T�gdt? Ootullo 611CS IaYcorr PtJ6 -Jerf-:ST riHS. WItH TIlB 401aalrb0y •- fNro, p•GpoF•TAtjV TI16 ,ITtA�Ldbt7�T�BIL r�1P�Tiofi r�d�`K��yyl, L peGvlftl�P 1'111�i PLAt1 rxi ,� -o�t3r� ol • A�T r" • Exhibit E - Findings for Approval Precise Plan 74-89 5160 Palma Ave. (Hazard/Fisher/Washburn) 1. The proposed project or use is consistent with the General Plan. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. • 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The proposed project is in compliance with the City' s Appearance Review Guidelines. • r � r EXHIBIT B - Conditions of Approval Precise Plan 74-89 • 5160 Palma Ave. (Fisher/Washburn/Hazard) CONDITIONS OF APPROVAL 1. All construction shall be in conformance with Exhibit B (Site Plan) , Exhibit C (Grading Plan) , Exhibit E (Conditions of Approval) , and shall comply with all City Codes and Ordinances. Any modification to this approval requires approval by the Community Development Department prior to implementing any changes. 2. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 3. Grading and drainage plans, prepared by a registered Civil Engineer, shall be resubmitted to the Community Development Department for review and approval by the Community Development and Public Works Departments prior to the issuance of any building permits. Drainage calculations shall be submitted to justify the proposed detention basin. All required drainage work shall be constructed to City standards and completed prior to final building inspection. 4. The developer shall obtain an encroachment permit from the City of Atascadero Public Works Department. Plans shall be prepared by a Registered Civil Engineer and be submitted to the Community Development Department for review and approval by the Community Development and Public Works Departments, prior to issuance of any building permit. Plans shall include, but not be limited to: a. Curb, gutter, sidewalk and paveout 15 feet from centerline of the right-of-way along entire property frontage. b. Signing an inspection agreement guaranteeing that the work will be done in conformance with approved plans and that inspection fees shall be paid. C. Construction of the public road improvements shall be completed prior to the final inspection. 5. All public improvements shall be covered with a 100% Performance Bond and a 100% Labor and Material Bond until construction is approved and by a 10% Maintenance Bond until one year after construction approval. 1 • / C • 6. Plans shall be approved by the Fire Department prior to issuance of building permits, particulary the widening of the access driveway to 20 feet from Palma Ave. to the point where the driveway veers to the right. 7. No parking shall be permitted along the street frontage of the project. 8. Each unit shall contain 100 square feet of storage space, exclusive of closets. The proposed new units comply with this requirement, however, this pertains to the existing unit as well. 9. The handicapped parking space shall be redesigned to avoid backing directly out into the street. The driveway shall be widened and an adequate turn-around area provided. 10. Landscape plans shall be submitted to and approved by the Planning Division prior to issuance of building permits. These plans shall incorporate the recommendations of the certified arborist (Exhibit D) 11. This Precise Plan shall expire one year from the date of final approval (May 15, 1990) . A one year time extension may be granted pursuant to a written request filed prior to the expiration date as per Section (9-2. 118) of the Zoning Ordinance. Any further one year time extensions may be approved by the Planning Commission. 2 i EXHIBIT H ADMINISTRATION BUILDING TTM 30-90/ZC 06-90 POST OFFICE BOX 747 ATASCADERO. CALIFORNIA 93423 PHONE: (805) 466-8000 POLICE DEPARTMENT POST OFFICE BOX 717 ATASCAOERO. CALIFORNIA.93423 CITY COUNCIL tasea del'® PHONE. (606) 466.6600 CITY CLERK • CITY TREASURER INCORPORATED JULY 2. 1979 ~� CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT - ATASCAOERO. CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (805) 466.2141 August 31, 1990 Robert Fisher 8550-D E1 Camino Real Atascadero, CA 93422 RE: PRECISE PLAN 59-90 5180 Palma Ave. Dear Mr. Fisher: • The City of Atascadero has received and reviewed your application for a Precise Plan and Environmental Determination for the construction of two (2) single family residences, each containing two-bedrooms. The site contains an existing single family dwelling which is to remain. The proposed site is zoned RMF/10 (Residential Multiple Family Low Density) and the proposed use is allowed as defined as a single family dwellings (Section 9-3.172 (a) . The surrounding properties are zoned the same as the subject site, with the exception of property to the south which is zoned CR (Commercial Retail) . A review by the Community Development Director of the environmental description form and application, along with other background information, shows that the project will have no detrimental effect upon the environment; therefore, a Negative Declaration has been prepared. The Director has also found the project, as conditioned, to be in compliance with the provisions of the Zoning Ordinance. The proposed Precise Plan is approved as shown on attached Exhibit B (site plan) , Exhibit C (grading plan) and subject to the conditions of approval in Exhibit F. Final approval becomes effective on September 21, 1990, unless appealed. (NOTE: THIS DOES NOT CONSTITUTE A GRADING OR BUILDING PERMIT. ) • In the eventou intend to appeal of the conditions, your Y PP any appeal should be in writing and should state the reasons for the appeal. Any appeal would be scheduled for Planning Commission consideration as a public hearing. You should, however, discuss any objections to the conditions with planning staff as it may be possible to alter conditions after such discussion. If you should have any questions concerning this project, you are welcome to contact the Community Development Department for assistance. Sincerely, Doug y Davidson Senior Planner DD/dd cc: Paul Washburn James Hazard • Attachments: Exhibit A - Zoning Map Exhibit B - Site Plan Exhibit C - Grading Plan Exhibit D - Elevations Exhibit E - Findings for Approval Exhibit F - Conditions of Approval ile�l�rs... did6 • • • . . �, ��� ���i IIIA � •�„ __ =: ,,= 111 � ,� � •..--- 1 1 � ( :HIBIT B CITY OF ATASCADERO SITE PLAN COMMUNITY DEVELOPMENT PRECISE PLAN 59-90 • DEPARTMENT } IF _�� .•,— �..::w ,. NII :-•rte !f In vnO.osm PWWW EXmTwa I -.rte-•..�-t"" —K^ 1 1 tw.ef s uy +•ice c ... I l Ao PMMA AVENUE ••-..- - I r, i L Y~'~+ u.ww •...11 rrY 4I YiOrr Y,wff1 OWL MCD.f nr�orffn„wr.rtr,uta..r+arae..rne.fn,fr �- - SITE PIAN LOT 77 BIOCX RA t•r+. , ( -EXHIBIT C CITY OF ATASCADERO GRADING/DRAINAGE PLAN COMMUNITY DEVELOPMENT PRECISE PLAN 59-90 DEPARTMENT • GENERAL MOTES, nor wax RA 11 1 V 1 U\1 an 0 IN LOT 34 Ax R4 YKI•TT•Y ( "'�"' GRADING 8 DRAINAGE PLAN - LOT 33, BLK. RA, ATASCADERO Oos it xm Neznne i • 1XHIBIT D CITY OF ATASCADERO ELEVATIONS II - COMMUNITY DEVELOPMENT PRECISE PLAN 59-90 • DEPARTMENT ELEVATION NOTES •20� T. QTY—pr�r-�'rm.ere� I' �. Ff10NT Ei.EW1'11pN +�r!'•r— :�•r_ H _ � �, ea,w r r � r p SOE ELEVATION _ coup.uwwn � ...� e n -- u Si ELEVATION 4P)T4--r_ ♦�..•y w t'� � �f Q aanwaft-_ iy iy +ij y :I. REAR ELEVATION II NOTES o Exhibit E - Findings for Approval Precise Plan 59-90 5180 Palma Ave. (Washburn/Fisher/Hazard) 1. The proposed project or use is consistent with the General Plan. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. • 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed use or project, as conditioned, will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The proposed project is in compliance with the City' s Appearance Review Guidelines. • • EXHIBIT F - Conditions of Approval Precise Plan 59-90 5180 Palma Ave. (Fisher/Washburn/Hazard) CONDITIONS OF APPROVAL 1. All construction shall be in conformance with Exhibit B (Site Plan) , Exhibit C (Grading Plan), Exhibit F (Conditions of Approval) , and shall comply with all City Codes and Ordinances. Any modification to this approval requires approval by the Community Development Department prior to implementing any changes. 2. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 3. Grading and drainage plans, prepared by a registered Civil Engineer, shall be resubmitted to the Community Development Department for review and approval by the Community Development and Public Works Departments prior to the • issuance of any building permits. Drainage calculations shall be submitted to justify the proposed detention basin. Design shall include temporary measures to drain the runoff from the street into the detention basin. All required drainage work shall be constructed to City standards and completed prior to final building inspection. 4. The developer shall obtain an encroachment permit from the City of Atascadero Public Works Department prior to start of construction within the right-of-way. The required public improvements are as follows: a. Developer shall grade the right-of-way to provide a clear and level 20 foot graded half-width and to provide a 14 foot half-width paved road with adequate drainage control facilities. b. The developer is required to make an in-lieu contribution of $25. 00 per linear foot of frontage to the City Sidewalk Fund. Thus, the total contribution is $2450. 00 ($25. 00 X 98 linear feet) . The standard requirement of granting an additional five foot wide sidewalk easement shall be waived in this case, provided that the utilities are relocated to the property line. (Note: Conditions #4a. and #4b. are per the City Council -direction of August 14, 1990) . 1 C. Construction of these improvements shall be completed prior to the final inspection. 5. All public improvements shall be covered with a 100% Performance Bond and a 100% Labor and Material Bond until construction is approved and by a 10% Maintenance Bond until one year after construction approval. 6. No parking shall be permitted along the street frontage of the project. 7. Each unit shall contain 100 square feet of storage space, exclusive of closets. The proposed new units comply with this requirement, however, this pertains to the existing unit as well. 8. The outside parking spaces for Buildings D and E shall be redesigned to provide adequate turning radius and turn • around. 9. Landscape plans shall be submitted to and approved by the Planning Division prior to issuance of building permits. These plans shall incorporate the recommendations of the certified arborist) . 10. An access amd utility easement shall be recorded prior to issuance of building permits. 11. This Precise Plan shall expire one year from the date of final approval (September 21, 1990) . A one year time extension may be granted pursuant to a written request filed prior to the expiration date as per Section (9-2. 118) of the Zoning Ordinance. Any further one year time extensions may be approved by the Planning Commission. • EXHIBIT I CITY OF ATASCADERO U4 ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION COMMUNITY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035 APPLICANT: ' M JL f< K(5 i+4 Z 4 R b loo/cc A trl S, C v4 "13 y Z 2- , C �4 '13 -t 2.3 PROJECT TITLE: -r-> N t o fi I v E r R A C y- Nt 44;2 ,o - iv/2 =,u r c6- PROJECT LOCATION: 5160 150 P4Ltii r+ PROJECT DESCRIPTION: c.K E Y-�-t t o ff 0 1= 5 1,Y 1.o y' S 6 v i U 5 r 0 N SP7(Z S �� y SQ. Fr-. Y-0 roj 95b sq r=r. FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. • 3. The project does not have impacts which are individually limited, but comulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERMINATION: Based on the above findings. and the information contained in the initial study(made a part hereof by refer- ence and on We in the Community Development Department). it has been determined that the above project will not have an adverse impact on the environment. Henry Engen Community Development Director Date Posted: Date Adopted: • CDD I I-" EXHIBIT J ZONE CHANGE 06-90 ORDINANCE NO. • AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 16 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 5160 AND 5180 PALMA AVE. FROM RMF/10 TO RMF/10 (PD7) (ZC 06-90: Hazard/Tartaglia-Hughes) WHEREAS, the proposed zoning map amendments are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on March 5, 1991 and has recommended approval of Zone Change 06-90. NOW, THEREFORE, the Council of the City of Atascadero does • ordain as follows Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan land use element. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonius development. 5. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development • standards or processing requirements. Ordinance No. 7. The proposed plans offer certain redeeming features to compensate for requested modifications. Section 2. Zoning Map. Map number 16 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. Lots 32 and 33 of Block RA; Atascadero Colony Development of said parcels shall be in accordance with the standards of the Planned Development Overlay No. 7, and consistent with attached Exhibit B. Section 3. Publication. The City Clerk shall cause this ordinance to be published • once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following roll call vote: AYES: NOES: ABSENT: -- DATE ADOPTED: By: 0ROBERT LILLEY, Mayor City of Atascadero, California • ATTEST: LEE DAYKA, City Clerk APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney PREPARED BY: • HENRY ENGEN, Community Development Director • w . . �`jIII 71 1 110—0 ' �I� ' • � �� � �ium unntn _ Monson 'mn�• 11 1111/ Alva11"�dnu•: - 11 0 EXHIBIT B `''' CITY OF ORDINANCE NO. ,MI : . . �;� ATASCADERO EA!Ele_E SITE PLAN/TRACT MAP • SITE DEVELOPMENT DEPARTMENT LEDIdL,LyL1I1leT Nlo H21- to SS ' IN THE CITY 00 A7AAC109". COI TY OF SAw LY13 09t SPO. C... WHO A 01V1310P OF LOT.T �t G.T A,13CAOEPO CMOHI AS SAID LOT{R APE SNONG2 ON 1N9 HAP G[LED [N Nu SOCK 6 • FAOE IRi PfCOPOS OF -To CONNTY, 3 • . \ ' s ao°or"w. /75./S' � '. .. EM01DtFP•° .___-S E�rFt�T. I _ I NEPEEY curIPS'THIS HAP HAS MEFAPED 91 NE AHO 10 THE BEST OF NY 6. -- 1 99" \ -- , �.� KNOWLEDGE COWLI13 MIT% THE 3USGIVISIO, HAF ACT ANO LOCAL�� � 0110!MANGES. L Sim G.•la( p 1 P09EPT C. fAPt AOI IA N .E. 21OA1 A00DE5E:ao:BOY /930 • .:.,.:.;� nEmoeF.ce I t en.fcw / ea ��azr— 1107--I!• �c .._ Lpr r Cor '+ nHwFP•9 ..� Tt�rT 1_r� J t HEPESY APPLY FOR.FW10vAL OF THE OIVtSION OF afAL FfOFERTY SHIHw 1 \ Ip } RCSIOt/uCC 7 V ON TNIS PLAT Alp CEPT1fY THAT t AN TME LEGAL OYNEP OF Llp POOP P11 ~L \\ u.0 Tmr THE INFOpmArICN NEPEOI IE Tftf AHO CORRECT TO THE 9937 OF K'CCi3+ ? ' MY K WtfDOOl/AND //SALI EF. • T I RGSTOf/✓Cf\ \ 'T� _ 1 .A W -' ` Ur,&:Y 1 1 _, 1 3IOwE0: //1 pYw<� I ° 1 ? I AD011ESSafC OSCIL e o•E"ATAICA OCRO avS. - �"�;•`ARCA J)' •r.1-rr•.�3cRp rw .� z (' •= F.# BO' ^•.y.17 7 ti_ 1 59./s O\I. 7 ,O ..r r _ n 'a coram I frzsr IR•• 6.z70ri I . ® _ cors 1� 7 1 I ay<• . J f d`• / 1 RCJIC[Ncf i - 1 R(s/oa-cf 11 s,o —tel, r h \ t Z` ao.00'� r ,•'1oea s,�o ' - wn A� rA-,• woaL - _W �,." -- -- L s- VICINITY ,NAP t TENTATIVE TRACT MAP NO 2055 sir BEING A SIX LOT SUBOIVISION OF LOTS 32 AND 33, BLOCK RA, TOWN OF ATASCADERO,CA. • EXHIBIT R - Findings for Approval • Tentative Tract Map 30-90 5160/5180 Palma Ave. (Hazard/Tartaglia-Hughes) March 5, 1991 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1. The proposed map is consistent with the applicable General or Specific Plan. 2. The design and/or improvements of the proposed subdivision is consistent with the applicable General or Specific Plan. 3. The site is physically suitable for the proposed type of development. 4. The site is physically suitable for the proposed density of development. • 5. The design of the subdivision, as conditioned, and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The design of the subdivision and/or the type of proposed improvements will not cause serious health problems. • • EXHIBIT L - Conditions of Approval Tentative Tract Map 30-90 5160/5180 Palma Ave. (Hazard/Tartaglia-Hughes) March 5, 1991 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Co. Water lines shall be extended to the frontage of each parcel prior to the recording of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. All relocation and/or alteration of existing utilities shall be the responsibility of the developer at his sole expense. 3. All grading, drainage, and erosion control measures shall be designed by a registered civil engineer and constructed to City standards. Prior to final building inspection of the first new building, the project engineer shall certify in writing that the grading and drainage measures are in • conformance with City standards. 4. A maintenance agreement, in a form acceptable to the City Attorney, shall be recorded prior to recording of the map. The agreement shall include maintenance of the private road and drainage facilities. 5. Sewer improvement plans shall require approval from the Public Works Department prior to recording of the final map. All newly created lots shall be connected to public sewer. All annexation fees in effect at the time of recordation shall be paid for the newly formed lots prior to recording the map. 6. An access and utility easement shall be recorded prior to the recording of the final map. 7. All conditions of Precise Plan 74-89 and Precise Plan 59-90 shall be completed, including construction of all required improvements, prior to recording of the map. 8. Prior to recording of the final map, a soils investigation as required by the Map Act shall be submitted, verifying that the soils of the site are adequate the support the proposed structures. The date of report, name of engineer, • and location where the report is on file shall be noted on the final map. 9. A final map drawn in substantial conformance with the • approved tentative map and 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 by a registered civil engineer or licensed land surveyor as required by the Land Surveyor' s Act and the Subdivision Map Act. Monuments set within any road right-of-way shall conform to City standard M-1. b. Pursuant to Section 66497 of the Subdivision Map Act the engineer or surveyor shall notify the City Engineer in writing that the monuments have been set. c. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 10. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. MINUTES EXCERPT - PLANNING COMMISSION - MARCH 5, 1991 20. All three (3) residential buildings sha be equipped with low-flow water conservation evices on each toilet and shower. Commissioner Johnson noted his opposition to a project stating that the lot is already substandard a will become more so if request is approved. He added tha to impact the area with single family residences was not a intent of the planned development overlay. Commissioners Waage and Kudlac concur d noting that they, too, could not support the project. Commissioner Highland stated that e City Council' s reversal of the Planning Commission' s den' 1 of this project is a clear message to the Commission conc ning minimum lot sizes. All the Commission is being aske to do in this case is act on conditions of approval by d' ection of the Council. Commissioner Hanauer cc ented on the Council' s direction and referenced the recen memo concerning Council reversing Commission decisions Chairperson Luna stressed that this particular planned development is abuse of the process, yet it is the Council who sets poli c He added he has an obligation to try and implement th r policies. He said he is torn between voting for or agai st the project, so he will abstain from voting. The motion carried 3:3: 1 with the following roll call vote AYES: Commissioners Highland, Lochridge, and Hanauer NOES: Commissioners Kudlac, Johnson, and Waage ABSTAIN: Chairperson Luna (counted as "aye" vote) 3. ZONE CHANGE 6-90/TENTATIVE TRACT MAP 6-90: Applications filed by Jim and Kris Hazard (Tartaglia Hughes) to establish a Planned Development Overlay Zone (PD) and to allow subdivision of two colony lots into six lots ranging in size from 5, 194 square feet to 6, 958 square feet each. Subject site is located at 5160/5180 Palma Avenue. Doug Davidson presented the staff report which focused on issues including minimum lot size standards, the planned development overlay zone, housing policies, multiple family zones, etc. The development standards were addressed previously during the precise plan process. Mr. Davidson pointed out that a redeeming factor for this planned MINUTES EXCERPT - PLANNING COMMISSION - MARCH 5,__ 1991 • development the opportunity for single family ownership, and added that supplying small lots for single family ownership is a benefit to the City. Staff is recommending approval of the applications. Commission discussions and questions followed. In response to query by Commissioner Johnson, Mr. Davidson replied that these lots are technically flag lots since one lot is behind the other, and explained why no flag lot findings were required. Commissioner Johnson questioned what the general lot sizes in the area are, and expressed concern that since these are flag dots, what benefits to the City will be derived. Discussion ensued. Kris Hazard, applicant, noted her agreement with the recommen- dation and asked the Commission to approve the project. She pointed out that the project has been designed to incorporate preservation of the trees and will be compatible with the rest of the neighborhood. In response to questions, Ms. Hazard stated that she is opposed to block style apartments. This project is attempting . to produce a cottage type atmosphere with free standing units. Commissioner Lochridge expressed concern with flag lot standards, and asked how the driveway standards differ from what should be required in a single family zone. Commissioner Waage voiced his feeling that this project may have initially begun as a condominium project. Commissioner Hanauer referenced the Jones planned development on Sinaloa that has turned out nicely adding that this project will benefit the Palma Avenue neighborhood. Commissioner Johnson debated how six houses on these lots could look better or be of benefit to the City. Commissioner Hanauer asserted that this type of project affords an opportunity for single family ownership. He expressed his feeling that there are many people who would like to purchase this type of housing. Commissioner Highland pointed out that what is being overlooked is that the whole general area is zoned low density multiple family - even though most lots on Palma have single family residences. The original intent of the General Plan was to provide a buffer between commercial zones and single family zones. However, properties on Palma and Olmeda have slowly been developed as apartments, condominiums, etc. He stressed that this does not destroy the density or intent of MINUTES EXCERPT- PLANNING COMMISSION - MARCH 5, 1991 multi-family, and that he would like to see a healthy mix. • Commissioner Lochridge expressed apprehensiveness with the driveway but noted that the Council has set policy on planned developments, so he will vote for the project. Commissioner Kudlac noted his concurrence with Commissioners Hanauer, Lochridge and Highland. He added that he is amenable to this project in that it proposes larger lot sizes than other planned developments. Chairperson Luna stated he shares Commissioner Waage and Johnson' s concerns adding that most planned developments are planned up front and this project has already gotten under- way. Commissioner Johnson reiterated that the Council has made there position clear in being opposed to flag lots. In his opinion, this project represents flag lots. Commissioner Waage asked if water conservation methods could be employed with this project. Mr. DeCamp replied that adding a condition in this case would be inappropriate since building permits are ready for issuance. MOTION: By Commissioner Highland, seconded by Commissioner Kudlac to recommend to the City Council approval of Zone Change 6-90 as reflected in the draft ordinance and approval of Tentative Tract Map 30-90 subject to the Findings and Conditions of Approval. The motion carried 4: 3 with the following roll call vote: AYES: Commissioners Highland, Kudlac, Hanauer, and Lochridge NOES: Commissioners Waage, Johnson, Chairperson Luna 4. CONDITIONAL USE PERMIT 6-90: Public hearing for a six month re ew to verify compli- ance with said Conditional Use rmit. Approval allowed the expansion of a school the developmentally dis- abled from 18 to 27 s ents (applicant - Creative Alternative for Learni and Living, Inc. ) Subject site is located at 9148 Omar Avenue. Mr. DeCamp excused imself from this item since he resides within a 300 foo radius of the subject property. Mr. Davids presented the staff report on this review and provided background on the school' s prior approval. He noted at all conditions contained in the use permit have ORDINANCE NO. 219 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 16 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 5160 AND 5180 PALMA AVE. FROM RMF/10 TO RMF/10 (PD7) (ZC 06-90: Hazard/Tartaglia-Hughes) WHEREAS, the proposed zoning map amendments are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the .environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on March 5, 1991 and has recommended approval of Zone Change 06-90. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan land use element. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonius development. 5. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. • . Ordinance No. 7. The proposed plans offer certain redeeming features to compensate for requested modifications. Section 2. Zoning Map. Map number 16 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. Lots 32 and 33 of Block RA; Atascadero Colony Development of said parcels shall be in accordance with the standards of the Planned Development Overlay No. 7, and consistent with attached Exhibit B. Section 3. Publication. • The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following roll call vote: AYES NOES: ABSENT:, DATE ADOPTED: By: • ROBERT LILLEY, Mayor City of Atascadero, California • ATTEST: LEE DAYKA, City Clerk APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney PREPARED BY: • HENRY ENGEN, Community Development Director I • r ME ON �,WON ' . � ranni umun owns mn n�ni�• - -_ _ i ♦ moo . _� �♦ . � EXHIBIT B ; CITY OF A -ASCADERO ORDINANCE NO. ��: .I.. : .. . t r� Ii1e SITE PLAN/TRACT MAP COMMUNITY DEVELOPMENT DEPARTMENT UNTATIVLJJtAGT Nu MO. roS! IN TNI CITY OF ATASCACIND. CONMTV OF GAN LUIS 0.1..0• CA.. BEING A G1vc SION O1 ATASCAOfNO COLONY AS E41D LO/ ME NMON11 a A Nu FILED 1N MAP SOON f . PAGE 1fLIDM RGCODS OF SAID COMTV. ! 'r-T Z L 1\. [tl03yt(G•• .fr T�..�/te•.T[ J 40 Or'W /7S•/S' �1 I Mf11IDT C[OT[.T rNit Nu NAD All/M[O Ov N[A.TO TMD S[Di OF NT / 6 — 99' \` \ 1 70./S �1 KPO1 SOsWLCOMPLIES WIT" MING fRBRIVIDIDM NA. ACT AND LOCAL •- erg.. I 'p I .c uaMle: I' '.r �•o I cAwAet I p 1 NODINr C. ru1TA0LLD .4 I� AOY 1 'p ~����: AOd1tfD;GO BDY /9J0 -"lOTT' R �••�•' _ LOS �. s.fJl d "f 1 e1wNR•f S�Tt►te.rN LOf J (V I NERISV APPY FOR APPROVAL OR INS DIVISION OR REAL PROPERTY SNGW ON r"IS PLAT AID CERTIFY TIIAT I AN INS LEGAL OMSR W SAID--WIRT' 3 \ 4 Ip J AKJIOwe[ 0 AND TWAT TNS IWDDMTIOM"RGON IG TWA AND CORRECT TO THE SIST OR Z, I` MY ANDILIM AND S[LIGF. S10NI0: s l \ `• 1 I I .T M AI 2 _ JAMOED _ AOWIY: MO O' ATAJCA OG/DO • 11 "ter r•� do' l• � 7—�.r \ EJ./Si o•.i O 1. O f I t s,sef d ( RIFs,¢[ E.trO d% car • _ I. c�Orr •� LOP e alJ.."cc `l ••i"jtc / 4 t t�f ~ D�- y�Tf 01 '` ' - `` I ' � �.urtA• r RYA eeeR � '�S _W Z_k- o '� .,U -- L L.._ `e Z t-'1 fo'ofw' w /is./S'•' e VICINITY MAP L I TENTATIVE TRACT MAP N0. 2055 BEING A SIX LOT SUBDIVISION OF LOTS 32 AND 33, BLOCK RA, TOWN OF ATASCADERO,CA. I • it i • REPORT TO CITY COUNCIL CITY OF ATASCADERO AGENDA ITEM: C-1 Through: Ray Windsor City Manager Mtg. Date: 3/26/91 From: Henry Engen, Community Dev. Dir. � File No: Sign Ord. SUBJECT: Chamber of Commerce Draft Sign Ordinance. BACKGROUND: As indicated in the attached transmittal from the Atascadero Chamber of Commerce Sign Ordinance Committee, that group has prepared for City Council consideration, a 26 page comprehensive rewrite of the City' s Sign Regulations. They are proposing to present their product to the Council for consideration as an initial step in the public review process with a view to amending the City' s current ordinances. ZONING AMENDMENT PROCEDURES: The Zoning Ordinance provides that a text amendment may be initia- ted by: " (1) The City Council or Planning Commission on its own motion; or (2) The City Council or Planning Commission upon acceptance of a request from any interested party, including the Planning Director. Request (s) shall be in writing and shall include a description of the benefit to be derived as a result of the text amendment. (i) The City Council may refer a proposed text amendment to the Planning Director and/or Planning Commission for response prior to deciding whether to initiate the text amendment. " ANALYSIS: As the Chamber' s transmittal attests, this has been a major piece of work for them and would represent a major special project for staff. It would require revisions to the Zoning Ordinance, possibly to the Downtown Plan and zoning, possibly to the Appearance Review Guidelines, and to the building code and imple- menting fee resolutions. Hence, it would require Council approval to bring the matter to the Planning Commission and, ultimately through public hearings and back to the City Council for final action. • ALTERNATIVES: Based on the Zoning Ordinance' s procedures, the City Council could direct any of the following: 1) Direct staff to prepare a straight forward comparison of this document with the existing ordinance for Council consideration before directing follow-up actions for a comprehensive revision to the sign ordinance. 2) Direct staff to take the draft to the Planning Commission for recommendation as to whether to initiate a text amendment. 3) Initiate consideration of a zoning text amendment by directing staff to incorporate this work item in the FY 91-92 work program, and prepare analyses for the Planning Commission leading to public hearings and recommendation back to the City Council. HE:ps cc: Bill Mazzacane, Atascadero Chamber of Commerce Enclosure: March 19, 1991 Chamber of Commerce Transmittal: Draft • Sign Ordinance • fast o kam6er of m r c co merce 6550 EL CAMINO REAL • ATASCADERO, CALIFORNIA 93422 TELEPHONE: (805)466-2044 19 March 1991 TO: Hon . Mayor & City Council of Atascadero FROM: Atascadero Chamber of Commerce Sign Ordinance Committee SUBJECT : TRANSMITTAL OF DRAFT SIGN ORDINANCE FOR PUBLIC REVIEW The Committee herewith submits its proposal for a completely • revised and rewritten ordinance to govern the City ' s Signage . We respectfully request that the Council agendize the proposal for its earliest consideration, as an initial step in the public review process . We believe the proposed draft ordinance has provisions and controls attractive to each of the several parties with an interest in its administration : City Council and staff , Planning Commission , the business community , and the public . The task before us is simply to retain as many of those positive features as we possibly can , while discussing the relatively few points of substantive disagreement . We include here a brief summary of how the Chamber committee came to be formed , the goals it set , and the process by which it undertook to attain those goals . • • Committee Formation : The committee was formed in early August 1990 in response to growing dissatisfaction with the present ordinance , its sporadic enforcement and its significant contribution to an unfavorable business climate in the city . An attempt was made to enlist members representing a crosssection of the local business community . In some cases , they were business owners with firsthand knowledge of the cost , delays , inequity , and competitive disadvantage often characteristic of the present ordinance . In other cases they were merely concerned citizens with no personal axes to grind other than a desire to help foster a healthier economic climate in the city . The common denominator of all the members was a sincere desire to keep Atascadero an attractive place to live . Committee Goals : The goals the committee set for itself in its first two meetings are summarized in the first paragraph of the draft ordinance under PURPOSE . Implied in that statement of purpose is the committee ' s desire to make the new ordinance clear , coherent , comprehensive and flexible . None of those can be claimed as singular virtues of the present ordinance . Committee Process : When the eleven committee members first • convened , they could not have anticipated the protracted six month series of biweekly and then weekly meetings which have culminated in this document . However , it became apparent from the start that a comprehensive rather than piecemeal approach was called for . Advice and materials from several sources contributed significantly to the draft ordinance before you . For the legal framework , two trade organizations , one representing sign manufacturers nationally and one representing California sign users , were consulted . Each lent their experience with ordinances in hundreds of communities which have wrestled with these same issues . Source material was also requested from eight California communities which had updated their Sign Ordinances recently . Each was assigned to a committee member so as to incorporate the best features of each into our ordinance . • • Thirdly, actual experience with the present ordinance was solicited in terms of specific case histories from which lessons could be learned . Even city staff , we found , sometimes had difficulty communicating certain provisions ( for example on Temporary Signage) simply because it was organized so poorly in the present ordinance . Lastly , this led us to informally solicit city staff input on any shortcomings they wanted to see improved in any new ordinance that might result from our efforts . Conclusion : The Committee believes the draft ordinance you will be reading is their best good faith effort to achieve a law that is tailored to local realities , is adequate in terms of control , is consistent and fair , is enforceable , and is designed to enhance the city ' s economic viability and future vitality . COMMITTEE MEMBERS Jim Berger Ted Miles Stan Cherry Debbie Mueller Roger Grant Richard Shannon • John Himes Maggie Vandergon Carol Hull McColley Sylvia Vickers Bill Mazzacane (staff) • (i) fasca&rofijqm er of Cotnmerce c � PROPOSED SIGN ORDINANCE FOR CITY OF ATASCADERO By-. ATASCADERO CHAMBER OF COMMERCE SIGN ORDINANCE COMMITTEE TABLE OF CONTENTS Section/Title Page No . SECTION ONE PURPOSE & SCOPE 1 Sec . 1 . 01 PURPOSE 1 Sec . 1 . 02 SCOPE 1 Sec . 1 . 03 COMPATIBILITY 2 SECTION TWO DEFINITIONS 2-9 SECTION THREE GENERAL PROVISIONS 9 Sec . 3 . 01 SIGNS PROHIBITED 9 Sec . 3 . 02 PERMITS REQUIRED 9 • Sec . 3 . 03 SIGNS NOT REQUIRING PERMITS 10 Sec . 3 . 04 MAINTENANCE 11 Sec . 3 . 05 SIGN LIGHTING 11 Sec . 3 . 06 CHANGEABLE COPY 11 Sec . 3 . 07 SIGN AREA COMPUTATION 12 SECTION FOUR REGULATION OF ON-PREMISE SIGNS BY ZONE 14 Sec . 4 . 01 SIGNS PERMITTED IN ALL ZONES 14 Sec . 4 . 02 SIGNS PERMITTED IN RESIDENTIAL -ZONES 15 I Sec . 4 . 03 SIGNS PERMITTED IN LIGHT COMMERCIAL & PROFESSIONAL ZONES 15 Sec . 4 . 04 SIGNS PERMITTED IN COMMERICAL & INDUSTRIAL ZONES 16 • Sec . 4 . 05 SIGNS PERMITTED IN HIGHWAY COMMERICAL ZONES; FREEWAY SIGNS 18 • Sec . 4 . 06 - TEMPORARY SIGNS ; BANNERS 19 SECTION FIVE NONCONFORMING SIGNS 19 Sec . 5 . 01 DETERMINATION OF LEGAL NON- CONFORMITY 19 Sec . 5 . 02 LOSS OF LEGAL NONCOMFORMING 19 STATUS Sec . 5 . 03 MAINTENANCE & REPAIR OF NON- CONFORMING SIGNS 20 SECTION SIX CONSTRUCTION SPECIFICATIONS 20 Sec . 6 . 01 COMPLIANCE WITH BUILDING & ELECTRICAL CODES 20 Sec . 6 . 02 ANCHORING 20 Sec . 6 . 03 WIND LOADS 20 • Sec . 6 . 04 ADDITIONAL CONSTRUCTION SPECIFICATIONS 20 SECTION SEVEN ADMINISTRATION & ENFORCEMENT 21 Sec . 7 . 01 CODE ADMINISTRATION 21 Sec 7 . 02 APPLICATION FOR PERMITS 21 Sec . 7 . 03 PERMIT FEES 22 Sec . 7 . 04 ISSUANCE & DENIAL 22 Sec . 7. 05 PERMIT CONDITIONS , REFUNDS & PENALTIES 22 Sec . 7 . 06 INSPECTION UPON COMPLETION 23 Sec . 7 . 07 VARIANCES 23 Sec . 7 . 08 VIOLATIONS 23 Sec . 7 . 09 REMOVAL OF SIGNS BY CITY 24 • Sec . 7 . 10 PENALTIES 25 • Sec . 7 . 11 APPEALS 25 SECTION EIGHT CONFLICT , SEVERABILITY & EFFECTIVE DATE 25 Sec . 8 . 01 CONFLICT 25 Sec . 8 . 02 SEVERABILITY 26 Sec . 8 . 03 EFFECTIVE DATE 26 INDEX 27-31 • • • jibAlasca&roo cam er f commerce 6550 EL CAMINO REAL • ATASCADERO, CALIFORNIA 93422 TELEPHONE: (805) 466-2044 ( 1 ) PROPOSED SIGN ORDINANCE FOR CITY OF ATASCADERO BY : ATASCADERO CHAMBER OF COMMERCE SIGN ORDINANCE COMMITTEE (6th Draft 2/26/91 ) SECTION ONE -- PURPOSE AND SCOPE SEC . 1 . 01 -- PURPOSE The purpose of this Ordinance shall be to coordinate the type , placement , and physical dimensions of signs within the different land-use zones ; to recognize the commercial communication requirements of all sectors of the business community ; to encourage the innovative use of design ; to promote both renovation and proper maintenance ; to allow for special circumstances ; and to guarantee equal treatment under the law through accurate record keeping and consistent enforcement . These shall be accomplished by regulation of the display , erection , use , and maintenance of signs . The use of signs is regulated according to zone . The placement and physical dimensions of signs are regulated primarily by type and length of street frontage. No sign shall be permitted as a main or accessory use except in accordance with the provisions of this Ordinance . SEC. 1 . 02 -- SCOPE This Ordinance shall not relate to building design . Nor shall the Ordinance regulate official traffic or government signs ; the copy and message of signs ; signs not intended to be viewed from a public right-of-way ; window displays ; product dispensers and point of purchase displays ; scoreboards on athletic fields ; flags of any nation , government , or noncommercial organization; barber poles ; • • (2) religious symbols , commemorative plaques , the display of street numbers ; or any display or construction not defined herein as a sign . Thus , the primary intent of this Ordinance shall be to regulate signs of a commercial nature intended to be viewed from any vehicular public right-of-way . Freestanding monument signs and wall mounted tenant signs are encouraged ; roof-top signs are discouraged . SEC. 1 . 03 -- COMPATIBILITY a) Design , color , and location will be compatible with architectural surroundings and premises . b) In multi -tenant complexes , each tenant sign shall relate well to other signs in the complex in a least 4 of the following 6 categories : 1 . Materials 2 . Illumination • 3 . Letter style 4 . Shape of sign and sign components 5 . Method of attachment 6 . Color SECTION TWO -- DEFINITIONS Certain terms are defined for the purposes of this Ordinance as follows : ABANDONED SIGN A sign which no longer identifies or advertises a bona fide business , lessor , service , owner , product , or activity , and/or for which no legal owner can be found . AGRICULTURAL SIGN A sign on a property advertising produce grown on said property . ANIMATED SIGN Any sign which uses movement or change of lighting to depict action or to create a special effect or scene (compare "Flashing Sign" ) . AREA (see Sign Area Computation Sec . 3 . 07) • • (3) AWNING A shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework (compare "Marquee" ) AWNING SIGN A sign painted on , printed on , or attached flat against the surface of an awning . BANNER SIGN A sign made of fabric or any nonrigid material with no enclosing framework . BILLBOARD (see "Off-Premise Sign" ) BUILDING As defined in the Uniform Building Code . CHANGEABLE COPY SIGN (AUTOMATIC) A sign on which the copy changes automatically on a lampbank or through mechanical means , e . g . , electrical or electronic time and temperature units . • . CHANGEABLE COPY SIGN (MANUAL) A sign on which copy is changed manually in the field , e . g . , readerboards with changeable letters . CITY Unless the context clearly discloses a contrary intent , the word "City" shall mean the City of Atascadero . CIVIC ORGANIZATION To include the following : 1 ) Atascadero Colony Days Committee 2) Atascadero Chamber of Commerce 3) Zoological Society 4) Atascadero Historical Society CLEARANCE (of a sign) The smallest vertical distance between the grade of the adjacent street or surface grade beneath the sign and the lowest point of any sign , including framework and embellishments, extending over that grade. CONSTRUCTION SIGN A temporary sign identifying an architect , contractor , subcontractor , and/or material supplier participating in construction on the property on which the sign is located COPY The wording on a sign surface in either permanent or removable letter form. • • (4) DIRECTIONAL/INFORMATION SIGN An on-premise sign giving directions , instructions , or facility information and which may contain the name or logo of an establishment but no advertising copy , e . g . , parking or exit and entrance signs . DIRECTORY SIGN Wall -mounted building directory sign for pedestrian use within a project . DISPLAY AREA The area including all letters , symbols , and graphics including borders and free space between them. . DOUBLE-FACED SIGN A sign with two faces . ELECTRICAL SIGN A sign or sign structure in which electrical wiring , connections , or fixtures are used . ELECTRONIC MESSAGE CENTER (see "Changeable Copy Sign , Automatic" ) FACADE The entire building front including the parapet . • FACE OF SIGN The area of a sign on which the copy is placed . FESTOONS A string of ribbons , tinsel , small flags , balloons , or pinwheels . FLASHING SIGN A sign which contains an intermittent or sequential flashing light source used primarily to attract attention . Does not include changeable copy signs , animated signs , or signs which , through reflection or other means, create an illusion of flashing of intermittent light (compare "Animated Sign , " "Changeable Copy Sign") FREESTANDING SIGN A sign supported upon the ground by poles or braces and not attached to any building . It may be single or double faced . FRONTAGE The length of the property line of any one premise along a public right-of-way on which it borders . FRONTAGE , BUILDING The length of an outside building wall on a public right-of-way . • • (5) GOVERNMENT SIGN Any temporary or permanent sign erected and maintained by the city , county , state , or federal government for traffic direction or for designation of or direction to any school , hospital , historical site , or public service , property , or facility . HAZARD SIGN Sign warning of construction , excavation , or similar hazards as long as the hazard exists . HEIGHT (of a Sign) The vertical distance measured from the highest point of the sign , excluding decorative embellishments , to the. grade of the adjacent street or the surface grade beneath the sign , whichever is less (compare "Clearance" ) . IDENTIFICATION SIGN A sign whose copy is limited to the name and address of a building , institution , or person and/or to the activity or occupation being identified . • ILLEGAL SIGN A sign which does not meet the requirements of this code and which has not received legal nonconforming status . ILLUMINATED SIGN A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign . INCIDENTAL SIGN A small sign , emblem, or decal informing the public of goods , facilities , or services available on the premises , e . g . , a credit card sign or a sign indicating hours of business . LANDSCAPED SIGNS Signs created 100% by living vegetation . LOT A parcel of land legally defined on a subdivision map recorded with the assessment department or land registry office , or a parcel of land defined by a legal record of survey map . MAINTENANCE For the purposes of this- Ordinance , the cleaning , painting , repair , or replacement of defective parts of a sign in a manner that does not alter the basic copy, design , or structure of the sign . • • (6) MAJOR TENANT(S) Tenants having more than twice the average square footage of other non-major tenants in that complex . MANSARD A sloped roof or roof-like facade architecturally comparable to a building wall . MARQUEE A permanent goof-like structure or canopy of rigid materials supported by and extending from the facade of a building (compare "Awning" ) . NAMEPLATE A nonelectric on-premise identification sign giving only the name , address , and/or occupation of an occupant or group of occupants . NONCONFORMING SIGN ( 1 ) A sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations . (2) A sign which does not conform to the sign code requirements but for which a special permit has been issued . OCCUPANCY The portion of a building or premises owned , leased , rented , or otherwise occupied for a given use . OFFICIAL FLAGS Official federal , state or local government flags , emblems and historical markers . OFFICIAL SIGNS Official federal , state or local government traffic , directional and informational signs and notices issued by any court , person or officer in performance of a public duty . OFF-PREMISE SIGN A sign structure advertising an establishment , merchandise , service , or entertainment , which is not sold , produced , manufactured , or furnished at the property on which said sign is located , e . g . , "billboards" or "outdoor advertising . ON-PREMISE SIGN A sign which pertains to the use of the premises on which it is located . OWNER A person recorded as such on official records . For the purposes of this Ordinance , the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or • (7) otherwise brought to the attention of the City . (e . g . , a sign leased from a sign company) . PAINTED WALL SIGN Any sign which is applied with paint or similar substance on the face of a wall . PARAPET The extension of a false front or wall above a roof 1ine . PERSON For the purposes of this Ordinance, any individual , corporation , firm, partnership , or similarly defined interest . POINT OF PURCHASE DISPLAY Advertising of a retail item accompanying its display , e . g . , an advertisement on a product dispenser . POLE COVER Covers enclosing or decorating poles or other structural supports of a sign . • POLYGON A plane figure with several angles or sides; usually 4 or more . POLITICAL SIGN For the purposes of this Ordinance , a temporary sign used in connection with a local , state , or national election or referendum. PORTABLE SIGN Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building . PREMISES A parcel of land with its appurtenances and buildings which , because of its unity of use , may be regarded as the smallest conveyable unit of real estate . PROJECTING SIGN A sign , other than a flat wall sign , which is attached to and projects from a building wall or other structure not specifically designed to support the sign . REAL ESTATE SIGN A temporary sign advertising the real estate upon which the sign is located as being for rent , lease , sale , or trade . • • (g) RESIDENTIAL IDENTIFICATION SIGN Identifying the names of occupants and permitted home occupations . ROOFLINE The top edge of a roof or building parapet , whichever is higher , excluding any cupolas , pylons , chimneys , or minor projections . ROOF SIGN Any sign erected over or on the roof of a building (compare "Mansard , " "Wall Signs" ) . ROTATING SIGN A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner . Such motion does not refer to methods of changing copy . SIGN Any device , structure , fixture , or placard using graphics , symbols , and/or written copy designed specifically for the purpose of advertising or identifying any establishment , product , goods , or services (compare Sec . 1 . 02) SIGN AREA See method of computation Sec . 3 . 07 . SNIPE SIGN A temporary sign or poster affixed to a tree , fence , etc . SUBDIVISION IDENTIFICATION SIGN A freestanding or wall sign identifying a recognized subdivision, condominium complex , residential development , or planned unit development . TEMPORARY SIGN A sign used for promotional purposes only , not constructed or intended for long term use . UNDER-CANOPY SIGN A sign suspended beneath a canopy , ceiling , roof , or marquee . USE. The purpose for which a building , lot , sign , or structure is intended , designed , occupied , or maintained . I VEHICLE SIGNS Signs on public transportation vehicles and commercial vehicles to include both permanent and magnetic signs . • • (g) WALL SIGN A sign attached parallel to and extending not more than 20" inches from the wall of a building . This definition includes painted , individual letter , cabinet signs , and signs on a mansard . WINDOW SIGN A sign installed flush on the window surface inside or outside and intended to be viewed from the outside . SECTION THREE---GENERAL PROVISIONS It shall hereafter be unlawful for any person to erect , place , or maintain a sign in the City of Atascadero except in accordance with the provisions of this Ordinance. SEC . 3 . 01 -- SIGNS PROHIBITED The following types of signs are prohibited in all districts : a) Abandoned signs b) Signs imitating or resembling official traffic or government signs or signals . c) Snipe signs or signs attached to trees , telephone poles , public benches , streetlights , or placed on any public property or public right-of-way . d) Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign (This does not apply to allowed portable signs or to signs or lettering on buses , taxis , or vehicles operating during the normal course of business) e) Flashing signs containing an intermittent or sequential flashing light to attract attention . Does not include animated copy signs or changeable copy signs . f) Any portable sign that is not permanently affixed to the ground or building and that is not otherwise allowed in this ordinance . SEC . 3 . 02 -- PERMITS REQUIRED Unless otherwise provided by this Ordinance , all signs shall require permits and payment of fees as described in Section 7 of this Ordinance . No permit is required for the maintenance of a sign or for a change of copy on painted , printed , or changeable copy signs . • • ( 10) SEC . 3 . 03 -- SIGNS NOT REQUIRING PERMITS The following types of signs are exempted from permit requirements but must be in conformance with all other requirements of this Ordinance : a) Signs used by civic organizations . b) Construction signs of 40 aggregate square feet or less , not exceeding 8 ' in height . c) Directional /information signs of 20 aggregate square feet or less , not exceeding 8 ' in height d) Holiday or special city events decorations e) Nameplates of 4 square feet or less . f ) Political signs ( there are size guidelines but no permit required) g) Public signs or notices , or any sign relating to an emergency h) Real estate signs (see Section 4. 01 Item C and D) i ) Window signs (using 50% or less of window area) j ) Incidental signs • k) Agricultural signs 1 ) Landscaped signs m) Official flags n ) Official signs o) Vehicle signs p) Directory signs q) Hazard Signs r) Residential Identification Signs Special regulations and allowances for signs not requiring permits : s) Community Identification signs are allowed on arterial streets entering the City , with a maximum area of 160 square feet and a maximum height of 20 feet . Such signing may include the name of the community , slogans or mottos , names of civic or religious organizations , but no names of businesses or commercial products . SEC. 3 . 04 -- MAINTENANCE All signs shall be properly maintained . Exposed surfaces shall be clean and painted if paint is required . Defective parts shall be replaced . The City shall have the right under Sec . 7 . 09 to order the repair or removal of any sign which is defective , damaged , or substantially deteriorated , 50% or more . SEC. 3 . 05 -- LIGHTING Unless otherwise specified by this Ordinance, all signs may be illuminated . However , no sign regulated by this Ordinance may utilize : a) An exposed incandescent lamp with an external reflector without a sunscreen or comparable diffusion . b) Any exposed incandescent lamp in excess of 150 watts • unless a screen is attached or unless the sign is placed over 8 feet above the ground c) Any revolving beacon light or flashing light , or light strings utilizing larger than miniature 3 . 5 volt bulbs . Special regulations pertaining to sign-related light sources are as follows : d ) Light sources shall be designed and adjusted to direct light away from any road or street and away from any dwelling outside the ownership of the applicant . e) No light or glare shall be transmitted or reflected in such concentration or intensity as to be detrimental or harmful to persons or to interfere with the use of surrounding properties or streets . SEC. 3 . 06 ---CHANGEABLE COPY Unless otherwise specified by this Ordinance , any sign herein allowed may use manual or automatic changeable copy . • ( 12) SEC. 3 . 07 --- SIGN AREA COMPUTATION a) Individual mounted letters and/or graphic symbols wall mounted with no added decoration : compute by calculating the area of the individual figures and combining the. total of those calculations . (See Sample A attached next page) b) Wall signs confined within a cabinet or frame or painted on a wall or awning : compute by calculating the surface area of a right angled polygon containing all elements of the graphic area . (See Sample B attached next -page) c) Freestanding and Projecting signs : Single or double faced signs : compute by calculating the surface area of a right angled polygon which contain all elements of the display area . Doublesided signs can have a depth no greater than 24" to be computed on a basis of one surface . Sides must be of identical shape . The perimeter of measurable area shall not include embellishments such as pole covers , framing , • decorative roofing , etc . , provided that there is not written advertising copy on such embellishments . (See Sample C attached next page) (13) SAMPLE A Individual mounted letters &/or graphic symbols wall mounted v dua le# ° 6iOW CAA EnG v5u� Area A + 6 + C + logo area + area of cuttinq Total sq. footage SAMPLE B Wall signs in a cabinet or framed; wall painted signs & awnings fi T F � [� ° Q E r--," Area F x G + D x E Total sq footage SAMPLE C Freestanding signs & projecting signs � E D F a FLe SO H 60!- Cf Hr � o P1 Area E x F _ Total sq. F • - ( 14) SECTION FOUR --- REGULATION OF ON-PREMISE SIGNS BY ZONE Sec . 4 . 01 -- SIGNS PERMITTED IN ALL ZONES The following signs are allowed in all zones : a) All signs not requiring permits (Sec . 3 . 03) b) 2 construction signs for each street frontage of a construction project , each sign not to exceed 12 square feet in sign area in residential zones or 40 square feet in sign area in all other zones . Such signs may be -erected prior to beginning of construction and shall be removed 14 days following completion of construction , i . e . final inspection completion . c) 1 nonilluminated real estate sign per street frontage , not to exceed 6 square feet in sign area . Such signs must be removed 10 days following sale , (close of escrow) rental , or lease . Directional signs may only be used on unmarked roads and easements . d) Open house and open house directional signs , not to exceed 6 square feet in area per sign , are only to be allowed on weekends (Sat . & Sun . ) or holidays , and shall not be placed more than 2 hours prior to the published open house hours , nor removed later than 2 hours after . e) 1 attached nameplate per occupancy , not to exceed 4 square feet in sign area . f ) Political signs shall not exceed 32 square feet each in sign area . Such signs shall not be erected more that 60 days prior to the election or referendum concerned and shall be removed 7 days following such election or referendum. Political signs may be placed only on private property and only with the permission of the property owner . g) 2 directional /information signs per street frontage not to exceed 20 aggregate square feet per street frontage in sign area or 8 feet in height . • ( 15) SEC . 4 . 02--SIGNS PERMITTED IN RESIDENTIAL ZONES Signs are allowed as follows in residential zones : ( RS , RF, LSF, RMF, LS ) a) All signs as permitted in Sec 4 . 01 . b) 2 subdivision identification signs (see def . ) per neighborhood , subdivision , or development , not to exceed 64 aggregate square feet in sign area and 32 sq . ft . per sign . c) 1 identification sign perapartmentor condominium complex , per street frontage not to exceed 32 square feet in sign area per sign . d) For permitted nonresidential uses , including churches and synagogues , 1 freestanding sign per street frontage not to exceed 32 square feet in sign area , and 1 wall sign per street frontage not to exceed 32 square feet in sign area . • Special regulations for residential zones are as follows : e) All allowed freestanding signs shall have a maximum height limit of 8 feet and shall have a minimum setback of 2 feet from any public right-of-way . SEC. 4 . 03--SIGNS PERMITTED IN LIGHT COMMERCIAL & PROFESSIONAL ZONES Signs are allowed as follows in commercial and professional zones CP : a) All signs as permitted in Sec . 4 . 01 and 4 . 02 . b) 1 freestanding sign per premises , not to exceed 1/2 square foot in sign area for each linear foot of main street building frontage up to a maximum of 60 square feet . Such signs may not exceed a height 12 feet . c) 1 wall sign or awning sign per occupancy , not to exceed 1 square foot in sign area for each linear foot of that occupancy ' s buil"ding frontage up to a maximum of 40 square feet . (See Sect 6 . 04 c) • ( 16) d) 1 under-canopy sign per occupancy , not to exceed 8 square feet in sign area, clearing the pedestrian right-of-way by 7 feet . e) Incidental signs , not to exceed 4 square feet in aggregate sign area per occupancy . f ) 1 nonilluminated real estate sign per street frontage not to exceed• 32 square feet in sign area . Such sign must be removed 1-0 days following the sale , rental , or lease . g) A Projecting Sign may be used instead of any allowed wall or freestanding sign , not to exceed a sign area of 1 square foot for each linear foot of occupancy ' s building frontage up to a maximum of 24 square feet , and a minimum of 8 square feet . (See Section 6 . 04 c) Special regulations and allowances for light commercial and professional zones are as follows : h) The Major Tenant sign option is available to the major tenants of complexes having 6 or more tenants . . The major tenants wall sign may be an additional 100% of the allowed wall sign size for a tenant . The sign must conform to 4 of the 6 categories for compatibility in Sec . 1 . 03 . i ) Where an occupancy is on a corner or has more than one main street frontage, 1 wall sign will be allowed on the additional frontage , not to exceed the size of the other allowed wall sign (4. 03c) . j ) Where a lot has in excess of 200 feet of main street frontage , one additional freestanding sign will be allowed for each additional 200 feet of main street frontage . Such signs shall be subject to the size and height limitations of the first allowed freestanding sign and may be placed no closer than 200 feet to any other free standing sign on the same premises . SEC. 4 . 04 -- SIGNS PERMITTED IN COMMERCIAL AND INDUSTRIAL ZONES Signs are allowed as follows in commercial and industrial zones: CR, CP, CN , CT , CS , CPK, IP, I • • ( 17) a) All signs as permitted in Sec . 4 . 01 and 4 . 02 . b) 1 freestanding sign per premises , not to exceed 1 /2 square foot in sign area for each linear foot of main street building frontage up to a maximum of 60 square feet . Such signs shall not exceed a height of 12 feet . c) 1 wall sign or awning sign per occupancy , not to exceed 1 square foot in sign area for each linear foot of that occupancy ' s building frontage , up to a maximum of 40 square feet . An additional 25% increase in sign area is available for building occupant ' s sign area when the building frontage is adjacent to a vehicular public right of way and set back more than 100 ' from the right -of -way . (See Sec 6 . 04 c) d) 1 under-canopy sign per occupancy , not to exceed 8 square feet in sign area, clearing the pedestrian right-of-way by 7 feet . e) Incidental signs not to exceed 4 square feet in • aggregate sign area per occupancy . Special regulations and allowances for commercial and industrial zones are as follows : f) The Major Tenant sign option is available to the major tenants of complexes having 6 or more tenants . The major tenants wall sign may be an additional 100% of the allowed wall sign size for a tenant . The sign must conform to 4 of the 6 categories for compatibility in Sec . 1 . 03 . g) Where an occupancy is on a corner or has more than one main street frontage , 1 wall sign will be allowed on the additional frontage , not to exceed the size of the other allowed wall sign . (4 . 03c) • ( 18) SEC . 4 . 05 -- SIGNS PERMITTED IN HIGHWAY COMMERCIAL ZONES; FREEWAY SIGNS Signs are allowed as follows in highway commercial zones a) All signs as permitted in Sec . 4 . 01 and Sec . 4 . 04 . b) Each freeway frontage business with the exception of those covered below in 4 . 05 c , will be allowed either one freestanding sign or one wall sign facing the freeway . The sign shall be calculated based upon one square foot of sign for each linear foot of building freeway frontage , or 60% of the freeway lot frontage , whichever is the greater . A freestanding sign shall have a height limitation of 45 feet maximum above property grade . Notwithstanding the above limitations , no business shall be restricted to less than 32 square feet of sign area and the maximum size _ of freeway oriented signs for a business shall not exceed 200 square feet . c) Each freeway frontage commercial and industrial • center having 2 or more tenants, will be allowed one center identification freeway oriented sign in place of a tenant freestanding freeway oriented sign . The center identification sign may take the form of either one wall sign or one freestanding sign calculated at one square foot for each 10 feet of linear freeway frontage , not to exceed 200 square feet of sign area. Maximum height for a freestanding sign is not to exceed 45 feet . d ) Tenants of a building or center having a freeway frontage which is set back from the freeway more than 100 feet , may increase the wall sign area permitted to face the freeway by 25% providing that the total sign area does not exceed 250 square feet . Special Regulations and Allowances for Highway Commercial Zones Are As Follows : e) Franchises compelled to have a parent-company- provided freeway ( freestanding) sign not identifying the local business name will be allowed an additional freeway wall sign to identify the local business name only . This is in addition to the franchise-provided freestanding sign . • • ( 19) SEC . 4 . 06 TEMPORARY SIGNS ( For promotional purposes only) a) All businesses having a city license and commercial address are allowed the use of banners . b) Same size regulations as Signs ( 15% of building face , 60 sq . ft . maximum area , etc . ) . c) Banners shall be of 8 oz . vinyl or heavier material , attached securely for safety purposes . d ) Registration required for each use . e) Registration duration is maximum of 120 days per year with a 20 day maximum per permitted use or i . e . , 6 permits per year . f) Registration form to be attached to the banner indicating prior approval and allowed duration . - SECTION FIVE-NONCONFORMING SIGNS SEC. 5 . 01 -- DETERMINATION OF LEGAL NONCONFORMITY • Existing signs which do not conform to the specific provisions of the Ordinance may- be eligible for the designation9 le al nonconforming" provided that : 9 a) The City determines that such signs are properly maintained and do not in any way endanger the public . b) The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of this Ordinance . SEC . 5 . 02 -- LOSS OF LEGAL NONCONFORMING STATUS A legal nonconforming sign may lose this designation if : a) The sign is relocated or replaced b) The structure or size of the sign is altered in any way except towards compliance with this Ordinance . This does not refer to change of copy or normal maintenance . • • (20) SEC . 5 . 03 -- MAINTENANCE AND REPAIR OF NONCONFORMING SIGNS The legal nonconforming sign is subject to all requirements of this code regarding safety , maintenance , and repair . However , if the sign suffers more than 50 percent appraised damage or deterioration , it must be brought into conformance with this code or removed . SECTION SIX-- CONSTRUCTION SPECIFICATIONS Sec . 6. 01 -- COMPLIANCE WITH BUILDING AND ELECTRICAL CODES All signs shall be constructed in accordance with the requirements of the Building Code and the Electrical Code . SEC. 6 . 02 -- ANCHORING a) No sign over 20 sq . ft . shall be suspended by nonrigid attachments that will allow the sign to swing in a • wind . b) All freestanding signs shall have self-supporting structures erected on or permanently attached to concrete foundations . SEC. 6. 03 --. WIND LOADS a) Any sign shall comply with the Uniform Building Code for wind load factors . SEC . 6 . 04 -- ADDITIONAL CONSTRUCTION SPECIFICATIONS a) No signs shall be erected , constructed or maintained so as to obstruct any fire escape , required exit , window or door opening used as a means of egress . b) No sign shall be attached in any form, shape, or manner which will interfere with any opening required for ventilation , except that signs may be erected in front of and may cover transom windows when not in violation of the provisions of the Atascadero Building or Fire .Prevention Codes . • • (21 ) c) Awning signs and projecting signs require a licensed architect ' s or civil engineer' s letter attesting to the sign ' s structural integrity and its ability , with attaching hardware , to adequately support the proposed sign . SECTION SEVEN- ADMINISTRATION AND ENFORCEMENT SEC . 7 . 01 -- CODE ADMINISTRATION The City Planning Staff is authorized to process applications for permit's and variances , hold public hearings as required , and enforce and carry out all provisions of this code , both in letter and in spirit . The City Planning staff is authorized to promulgate regulations and procedures consistent with this function . The Compliance Officer is empowered , upon presentation of proper credentials , to enter or inspect any building , • structure , or premises in the City for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances . Such inspections shall be carried out during business hours unless an emergency exists . SEC . 7 . 02 -- APPLICATION FOR PERMITS Application for a permit for the erection , alteration , or relocation of a sign shall be made to the City upon a form provided by the City Planning Staff and shall include the following information : a) An application form showing name , address , legal description , type of sign , cost of sign , and signature . b) A site plan showing the proposed location of the sign along with the locations and square footage areas of all existing signs on the same premises . c) Specifications and scale drawings showing the materials , colors , design , dimensions , structural supports , and electrical components of the proposed sign • • (22) SEC. 7 . 03 -- PERMIT FEES All applications for permits filed with the City shall be accompanied by a payment of the initial permit fee for each sign application according to the following formula : a) On-Premise Signs 1% of the sign ' s valuation , $30 . 00 minimum. b) Temporary Signs $10 . 00 registration fee . SEC. 7 . 04 -- ISSUANCE AND DENIAL The City shall issue a permit and permit sticker for the erection , alteration , or relocation of a sign within 5 working days of receipt of a valid application , provided that the sign complies with all applicable laws and regulations of the City . In all applications , where a matter of interpretation arises , the more specific definition or higher standard shall prevail . When a permit is denied by the City , it will give a written notice to the applicant along with a • brief statement of the reasons for denial . The City may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application . SEC. 7 . 05 -- PERMIT CONDITIONS, REFUNDS , AND PENALTIES If a permit is denied , the permit fee will be refunded to the applicant . If no inspections have been made and no work authorized by the permit has been performed , the permit fee , except for $30 . 00 will be refunded to the applicant upon request , provided that the permit and permit sticker are returned to the City within 30 days of issuance . A permit issued by the City becomes null and void if work is not commenced within 180 days of issuance . If work authorized by the permit is suspended or abandoned for 180 days , the permit must be renewed with an additional payment of one-half of the original fee . • (23) If any sign is installed or placed on any property prior to receipt of a permit , the specified permit fee shall be doubled However, payment of the doubled fee shall not relieve any person of any other requirements or penalties prescribed in this Ordinance . SEC. 7 . 06 -- INSPECTION UPON COMPLETION Any person installing , altering , or relocating a sign for which a permit has been issued shall notify the City upon completion of the work . The City may require a final inspection , including- an electrical inspection and inspection of footings on freestanding signs . SEC. 7 . 07 -- VARIANCES In obtaining a permit , the applicant may apply to the City for a variance from certain requirements of this code . A variance may be granted by the planning commission where the • literal application of the code would create a particular hardship for the sign user and the following criteria are met : a) A literal application of the code would not allow the property to be used at its highest and best use as zoned . b) The granting of the requested variance would not be materially detrimental to the property owners in the vicinity . c) Hardship caused to the sign user under a literal interpretation of the code is due to conditions unique to that property and does not apply generally to the City . d) The granting of the variance would not be contrary to the general objectives of this code . SEC. 7 . 08 -- VIOLATIONS When , in the opinion of the City , a violation of the code exists , the City shall issue a notification to the alleged violator . The order shall specify those sections of the code of which the individual has 45 days from the date of the order in which to correct the alleged violation or to appeal to the sign council or board . • • (24) If , upon inspection , the City finds that a sign is abandoned or structurally , materially or electrically defective , or in any way endangers the public , the City shall issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring them to repair or remove the sign within 45 days of the date of the order . In cases of emergency , the City may cause the immediate removal of a dangerous or defective sign without notice . Signs removed in this manner must present a hazard to the public safety as defined in the Uniform Building Code . SEC . 7 . 09 -- REMOVAL OF SIGNS BY THE CITY The City may cause the removal of an illegal sign in cases of emergency , or for failure to comply with the written orders of removal or repair . After removal or demolition of the sign , a notice shall be mailed to the sign owner stating the nature of the work and the date on which it was performed and . demanding payment of the costs as certified by the City together with an additional 30 percent for inspection and incidental costs . If the amount specified in the notice is not paid within 60 days of the notice , it shall become an assessment or lien or judgement against the property of the sign owner , and will be certified as an assessment against the property together with a 50 percent penalty for collection in the same manner as the. real estate taxes . The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the City , as in the case of a leased sign . For purposes of removal , the definition of sign shall include all sign embellishments and structures designed specifically to support the sign . • • (25) SEC. 7 . 10 -- PENALTIES Any person who fails to comply with the provisions of this Ordinance may be subject to a fine of $50 . 00 for each week or portion thereof that the violation continues up to a $500 . 00 limit . SEC . 7 . 11 -- APPEALS Any failure to respond to an application within 5 days of receipt or any decision rendered by the City in denying a permit or variance or in alleging a violation of this Ordinance may be appealed to the City Planning Commission within 60 days of the City ' s receipt of application . The action being appealed shall be held in abeyance pending the decision of the commission or ( if appealed further) of the Council . SECTION EIGHT -- CONFLICT , SEVERABILITY , AND EFFECTIVE DATE • SEC, 8 , 01 -- CONFLICT If any portion of this code is found to be in conflict with any other provision of any zoning , building , fire , safety , or health ordinance of the city code , the provision which establishes the higher standard shall prevail . • • (26) SEC . 8 . 02 -- SEVERABILITY If any section , subsection , sentence , clause , or phrase of this code or its application to any person or circumstance is held invalid by the decision of any court of competent jurisdiction , the remainder of this code , or the application of the provision to other persons or circumstances is in effect and shall remain in full force and effect . SEC. 8 . 03 -- EFFECTIVE DATE This code shall take effect and be in force on 19 Approved by the City Council this day of 19 and signed in authentication of its passage this day of 19 • • RiAlascaderockatnger of mLo mercE 6550 EL CAMINO REAL ATASCADERO, CALIFORNIA 93422 TELEPHONE: (805) 466-2044 (27) SIGN ORDINANCE INDEX . KEY WORD SECTION PAGE Abandoned Sign 2 . 00 2 • Administration & Enforcement 7 . 00 21 Agricultural Sign & 2 . 00 2 3 . 03 k ) 10 Anchoring 6 . 02 20 Animated Sign 2 . 00 2 Appeals 7 . 11 25 Area 2 . 00 2 Awning 2 . 00 3 Awning Sign 2 . 00 3 4 . 03 c) 15 4 . 04 c ) 17 6 . 04 c ) 21 Banners 4 . 06 19 Banner Sign 2 . 00 3 3 . 01 f ) 9 Billboard 2 . 00 3 Building 2 . 00 3 Center I . D. Freeway Oriented Sign 4 . 05 c ) 18 Changeable Copy Sign (Automatic) 2 . 00 3 Changeable Copy Sign (Manual ) 2 . 00 3 Changeable Copy Sign 3 . 06 11 City 2 . 00 3 Civic Organization 2 . 00 3 3 . 03 a) 10 Clearance 2 . 00 3 • (28) Code Administration 7 . 01 21 Community Identification Sign 3 . 03 s) 10 Compatibility 1 . 03 2 Conflict 8 . 01 25 Construction Sign 2 . 00 3 3 . 03 b) 10 4 . 01 b) 14 Construction Specifications 6 . 00 20 6 . 04 20 Copy 2 . 00 3 Corner Business 4 . 03 i ) 16 4 . 04 a) 17 Definitions 2 .00 2 Thru 2 . 00 9 Directional /Information Sign 2 . 00 4 3 . 03 c) 10 4 . 01 c&d ) 14 4 . 01 g) 14 Directory Sign 2 . 00 4 3 . 03 p) 10 Display Area 2 . 00 4 Double Faced Sign 2 . 00 4 Effective Date 8 . 03 26 Electrical Sign 2 . 00 4 Electronic Message Center 2 . 00 4 Events Decorations 3 . 03 d ) 10 Facade 2 . 00 4 Face of Sign 2 . 00 4 Festoons 2 . 00 4 Flashing Sign 2 . 00 4 3 . 01 e) 9 Franchisee Signs 4 . 05 e) 18 Freestanding Sign 2 . 00 4 3 . 07 c) 12 4 . 02 d) 15 4 . 02 e) 15 4 . 03 b) 15 4 . 03 j ) 16 4 . 04 b) 17 4 . 05 b) 18 4 . 05 d ) 18 Freeway Signs 4 . 05 18 Frontage 2 . 00 4 Frontage Building 2 . 00 4 (29) General Provisions 3 . 00 9 Government Sign 2 . 00 5 Hazard Sign 2 . 00 5 3 . 03 q ) 10 Height 2 . 00 5 Identification Sign 2 . 00 5 4 . 02 c) 15 Illegal Sign 2 . 00 5 Illuminated Sign 2 . 00 5 Incidental Sign 2 . 00 5 3 . 03 j ) 10 4 .03 e) 16 4 . 04 e) 17 Individual Mounted Letters 3 . 07 a) 12 Inspections 7 . 01 21 7 . 08 23 Inspection Upon Completion 7 . 06 23 Lighting 3 . 05 11 3 . 05 d&e) 11 • Lot 2 . 00 5 Maintenance 2 . 00 5 3 . 04 11 5 . 03 20 Major Tenant 2 . 00 6 4 . 03 h) 16 4 . 04 f ) 17 Mansard 2 . 00 6 Marquee 2 . 00 6 Nameplate 2 . 00 6 3 . 03 e) 10 4 . 01 e) 14 Nonconforming Sign 2 . 00 6 5 . 01 19 5 . 02 19 Occupancy 2 . 00 6 Official Flags 2 . 00 6 3 . 03 m) 10 Official Signs 2 . 00 6 3 . 03 n) 10 Off-Premise Sign 2 . 00 6 On-Premise Sign 2 . 00 6 Open House Signs 4 . 01 d ) 14 Owner 2 . 00 6 Painted Wall Sign 2 . 00 7 • _ (30) Parapet 2 . 00 7 Penalties 7 . 10 25 Permits 7 . 01 21 Permit Application 7 . 02 21 Permit Conditions , Refunds & Penalties 7 . 05 22 Permit Fees 7 . 03 22 Permit Issuance & Denial 7 . 04 22 Permits Not Required 3 . 03 10 4 . 01 a) 14 Permits Required 3 . 02 9 Person 2 . 00 7 Point of Purchase Displ.ay 2 . 00 7 Pole Cover 2 . 00 7 Political Sign 2 . 00 7 3 . 03 f) 10 4 . 01 f ) 14 Polygon 2 . 00 7 Portable Sign 2 . 00 7 3 . 01 f) 9 Premises 2 . 00 7 • Prohibited Signs 3 . 01 9 Projecting Sign 2 . 00 7 3 . 07 c) 12 4 . 03 g) 16 6 . 04 c) 21 Purpose of Ordinance 1 . 01 1 Real Estate Sign 2 . 00 7 3 . 03 h) 10 4 . 01 c&d) 14 4 . 03 f ) 16 Removal of Signs By City 7 . 09 24 Residential Identification Sign 2 . 00 8 Roofline 2 . 00 8 Roof Sign 2 .00 8 Rotating Sian 2 . 00 8 Scope of Ordinance 1 . 02 1 Set Backs 4 . 04 c) 17 Severability 8 . 02 26 Sign 2 . 00 8 Sign Area 2 . 00 8 3 . 07 12 Sign Area Computation 3 . 07 12 Sign Area Graphic 3 . 07 13 Signs In All Zones 4 . 01 14 (31) Signs In Commercial & Industrial Zones 4 . 04 16 Signs In Highway Commercial Zones 4 . 05 18 Signs In Light, Commercial , & Prof . Zones 4 . 03 15 Signs In Residential Zones 4 . 02 15 Signs Prohibited 3 . 01 9 Site Plan Required 7 . 02 21 Snipe Sign 2 . 00 8 3 . 01 c) 9 Subdivision I . D . Sign 4 . 02 b) 15 Temporary Sign 2 . 00 8 3 . 01 f) 9 4 . 06 19 Tenant Freeway Signs 4 . 05 c&d) 18 Under-Canopy Sign 2 . 00 8 4 . 03 d) 16 4 . 04 c) 17 Use 2 . 00 8 Variances 7 . 01 21 • 7 . 07 23 Vehicle Signs 3 . 01 d) 9 3 . 03 o) 10 2 . 00 8 Violations 7 . 08 23 Wall Sign 2 . 00 9 3 . 07 b) 12 4 . 02 d) 15 4 . 03 c) 15 4 . 03 a) 15 4 . 04 c) 17 4 . 05 b) 18 4 . 05 d) 18 4 . 05 e) 18 Windloads 6 . 03 20 Window Sign 2 . 00 9 3 . 03 i ) 10 • MEETING AGENDA ATASCADERO CITY FIRE DEPARTMENT DATE—aZ26.L2 ITEM# C-2(A MEMORANDUM • DATE: MARCH 14 1991 q w�iyr� 1 ' 19��11 TO: Ray Windsor, City Manager CITY MGR. FROM: Mike Hicks, Fire Chief SUBJECT: WATER CONSERVATION TASK FORCE BACKGROUND A Water Conservation Task Force was appointed by the City Manager. The Task Force members are: Chairman - Mike Hicks, Fire Chief Henry Engen, Community Development Director Andy Takata, Community Services Director Greg Luke, Public Works Director Art Montandon, City Attorney On March 4, 1991 Bob Hamilton, representing Atascadero Mutual Water Company, joined the Task Force. • The p P ose ur of the Task Force is to identifyproblem areas and make recommendations to the City Council for the purposes of water conservation which would ensure the availability of adequate water supplies for essential services such as drinking, Fire Protection, public facilities, etc. The Task Force has met three times, February 4, 1991, February 21, 1991 and March 4, 1991, with out next meeting scheduled for March 18, 1991 at Fire Station #1 at 2:00 p.m. At our first meeting it was agreed this committee would stay non-political and work towards establishing goals that would be recommended to the City Council for adoption. It was also agreed that since the Water Company was privately owned we needed their participation in this committee, which has been accomplished. We also agreed to do a survey of other cities in the County for the purposes of acquiring information as to what has already been done in other areas. This has been accomplished and we received an outstanding response from the cities. The documentation is available at this time at Fire Station #l. Don Asquith, of the Morro Group, attended our February 21, 1991 meeting. However, it would be inappropriate for me to address Don's discussions with our group since his report is due out so soon. WATER CONSERVATION TASK FORCE MEMO- PAGE 2 • PRESENT The committee is continuing to obtain information and to research conservation methods. Current areas of focus are code adoptions regarding the plumbing codes, grey water usage, landscaping requirements, public education, usage for reclaimed water and water for public safety. I have presented my concerns regarding water for firefighting to the San Luis Obispo County Fire Chief's Association on March 6, 1991. It was agreed that this subject would be included on our next agenda at which time we will discuss the use of water tankers and reclaimed water, a public education program and the use of foam for wildland fires. FUTURE Greg Luke will be discussing with the Council the possibility of the Water Company drilling a test well on the city's lot on Sycamore in the River Gardens area. We will continue researching for the uses of sewer treatment plant water. Henry Engen will be reporting back on code adoptions (plumbing) regarding landscaping. We will continue research into establishing public education programs. • We are looking forward to receiving the consultant's report which will help to set our future goals. We see this Task Force as an ongoing committee that will often be bringing recommendations to the Council for their direction. Submitted by: Mike Hicks, Fire Chief Committee Chairman cc: H. Engen A. Takata G. Luke A. Montandon • MEMORANDUM TO: City Council VIA: Ray Windsor, City Manager FROM: Greg Luke, Director of Public Works SUBJECT: Water Study Status Report Mr. Don Asquith of The Morro Group has been actively working on the study for approximately one month. He has collected all relevant geological/water well data from available sources, including the County of San Luis Obispo and the Atascadero Mutual Water Company. He as been supplied with the City's Updated General Plan. We have had an informative meeting with Bob Hamilton of the Atascadero Mutual Water Company besides providing a considerable amount of raw data he also discussed some of his personal ideas on how water moves into and out of the groundwater basin. In summary, the consultant now has all of the data necessary to perform his analysis. our contract with him calls for a completed draft report to be submitted to the City by April 1, 1991. Don has indicated he expects to meet this deadline. Once staff receives the draft report, it will be reviewed for completeness. By the second week in April the final report will be ready for distribution. Assuming everything is in order, Council can formally consider the matter at the April 23, 1991 Council meeting. If you have any questions or comments, please feel free to contact me. REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-2 (B) Through: Ray Windsor, City Manager Meeting Date: 03/26/91 From: Greg Luke, Director of Public Works SUBJECT: COOPERATIVE AGREEMENTS WITH THE ATASCADERO MUTUAL WATER COMPANY RECOMMENDATION: 1. Authorize the City Manager to execute an agreement with the Atascadero Mutual Water Company to permit the Company to drill a test well on the City's Sycamore Road lot. 2. Direct Staff to prepare a draft agreement with Atascadero Mutual Water Company to distribute reclaimed water. The draft Agreement would be brought back to the Council for final consideration. BACKGROUND: The drought conditions have brought the Atascadero Mutual Water Company and the City into closer contact to seek ways we can mutually help ameliorate the water shortage. In this regard, Mr. Bob Hamilton has requested permission to drill a test well on the • lot the City owns on Sycamore Rd. in River Gardens. He believes this location may yield usable quantities of potable water. If the test well proves successful, the City would work out an arrangement to sell or lease the property to the Water Company. DISCUSSION: Prior to the test drilling the City and Atascadero Mutual Water Company must execute an agreement setting forth routine matters, such as insurance, damage, ,post-drilling clean up, permits, etc. Staff proposes the Council authorize the City Manager to prepare, review and sign this initial agreement to drill a test well. The agreement will not address any conditions pertaining to the use of the property if the test well proves productive. This matter will be brought back to Council for further consideration at a later date. In a separate matter, Bob Hamilton has expressed an interest in cooperating with the City to formulate a reclaimed water program. Traditionally, in other cities with separate sanitation and water agencies, the Sanitation Department is responsible for producing the proper quality water and the Water Company is responsible for the distribution and sales of the reclaimed water. Expenses and revenues are shared on an equitable basis. • If Council concurs, staff will prepare a Cooperative Agreement with the Atascadero Mutual Water Company to establish terms for working together to develop a Reclaimed Water System for the City. The Draft Agreement will be brought back to the Council for consideration. FISCAL IMPACT: No direct costs will be incurred. Staff time will be required to prepare the necessary documents. REPORT TO CITY COUNCIL • CITY OF ATASCADERO Agenda Item: C-3(A) Through: Ray Windsor, City Manager Date: 3-26-91 From: Greg Luke, Director of Public Works Subject• Transfer of Federal Aid Urban (FAU) Funds from Grover City, Paso Robles and, possibly, Morro Bay. Recommendation: Grant conceptual approval to the transfer of FAU Funds and authorize staff to formulate the necessary agreement document. Background• FAU Funds are allocated to local governments for use on local transportation projects. The money is not distributed directly to the City, rather Caltrans holds the funds and acts as their • custodian. Money not spent can be reallocated by the State. To spend FAU Funds the lead agency must comply with a myriad of Federal Regulations. Most small cities are not staffed to handle the compliance paperwork. Consequently, FAU Funds are often used as the City's "matching Share" on Caltrans projects. The responsibility for meeting all Federal regulations then falls on Caltrans, relieving the City of this onerous responsibility. The joint City/Caltrans project to install traffic signals on Highway 41 at Portola, Curbaril and Atascadero anticipates a City contribution of $141, 000. Our current balance of FAU Funds is $96, 000. To make up the $45, 000 difference the City could draw from the Gas Tax Funds, the General Fund or possibly developer impact fund. Fortunately an alternative source of funding is available. The Cities of Grover City, Paso Robles, and Morro Bay have offered to lend Atascadero their excess FAU Funds ($64,639. 00, $7, 181. 00, and $140, 000, respectively) . This charitable act is prompted by a recent announcement by the State that all unencumbered FAU Funds will be reverted back to the State effective December 1, 1991. That is, Grover City, Paso Robles and Morro Bay must find a project for their FAU Funds by December 1, 1991 or the money will be lost. Atascadero is one of the few cities that has a Caltran's project ready to be funded. These neighboring cities are willing • to lend us their FAU Funds to prevent their reallocation. The loan would be interest free and would not have a fixed duration. Discussion• Staff is seeking conceptual approval for the transfer of FAU Funds from Paso Robles, Grover City and/or Morro Bay to help fund the Traffic Signals on Highway 41. If the Council concurs with the concept staff will prepare the necessary agreements. It should be noted that only the exact amount of money needed would be transferred. While Grover City, Paso Robles and Morro Bay together may appear to have more funds that we need, it is prudent to have some flexibility if circumstances change. • • O� (', RpV� 4 �p VA • CITY OF GROVER CITY _ MAYOR-CHUCK COMSTOCK MAYOR PRO TEM-LOWELL FORISTER COUNCILMAN-HENRY"GENE"GATES C `P r COUNCILMAN-PETER KEITH COUNCILMAN-FRED MUNROE 9 L I F O R N CITY ADMINISTRATOR-ARNOLD DOWDY January 31 , 1991 Greg Luke Public Works Director City of Atascadero - _ 6500 Palma Avenue Atascadero, CA 93422 Dear Mr. Luke: At their regular meeting of January 21 , 1991 , the City Council of the City of Grover City authorized the City of Atascadero to borrow Grover City's $64, 639.00 in Federal Aid Urban Funds . • A certified copy of the Council 's resolution reflecting this action is enclosed for your information. John Ritter of Cal Trans has been notified of this action as well . I hope this action will help you in your approved project . Sincerely, Patricia A. Risoldi City Clerk Enclosure 154 S. STH STREET • P.O. BOX 365 GROVER CTTY, CA 93483 (805)473-4567 FAX(805)489-9657 RESOLUTION NO. 91-13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER CITY • AUTHORIZING THE LENDING OF FEDERAL AID URBAN FUNDS TO THE CITY OF ATASCADERO WHEREAS, the City of Grover City currently has an unexpended balance of Federal Aid Urban Funds of $64, 639.00; and WHEREAS, the City of Grover City has no current projects approved in which to expend said fvnds; and WHEREAS, the City of Atascadero has expressed a desire to borrow the FAU funds for an approved project; and WHEREAS, if said funds are not appropriated for a specific approved project by September of 1991, they will be redistributed - among other agencies; NOW, THEREFORE, BE IT RESOLVED that the City of Grover City does hereby authorize the lending of Grover City's unexpended Federal Aid Urban Funds in the amount of $64, 639.00 to the City of Atascadero with the understanding that the City of Atascadero will return said funds in equal amount within a five-year period. PASSED, APPROVED and ADOPTED this 21st day of January, 1991 .A2 • i MAY R C CK COMSTOCK ATTEST: , PATRICIA 'A. RISOLDI , CITY CLERK -- I, Patricia A. Risoldi , City Clerk for the City of Grover City, do hereby certify that this is a true and correct _ copy of Resolution No. 91-13 which was adopted by the City Council at their regular meeting of January 21, 1991. PATRICIA A. ISOLOI, TY CLERK .��ow°°p4rFo City of EI Paso de Robles �4RCH 11.`% a February 5, 1991 Mr. Greg Luke, Director Public Works Department 6500 Palma Avenue Atascadero, CA 93422 Re: FAU Funds Dear Greg, I have recently received a letter from John Ritter of Caltrans regarding the FAU funds for our cities. I noted that the City of Paso Robles has . an unexpended balance of $7, 181. 00. Mr. Ritter mentioned that the City of Atascadero was going to be doing a _ fairly large project and may be in need of FAU funds. I wanted to suggest to you that by informal agreement the City of Paso Robles would "loan" to the City of Atascadero our $7, 181. 00. These funds would be reallocated back to the City of Paso Robles at some time in the future when the City of Paso Robles has a viable FAU project. I find this "borrowing" method to a desirable way to enable cities to accomplish the projects with FAU funds. After talking with Caltrans, this could be done on a very informal basis with letters of intent developed between City Managers. Please call me at your earliest convenience to let me know if you would likJ ceed in this direction. Sincerely JDirR. MP.E. ctor c Works JerryBankston dpwcorsp\atasfau. fnd • Public Works P.O. Box 307, Paso Robles, CA 93447-0307 (805) 239-0210' • REPORT TO CITY COUNCIL CITY OF ATASCADERO AGENDA ITEM: C-3(B) THROUGH: Ray Windsor, City Manager Date: 3-26-91 From: Greg Luke, Director of Public Works SUBJECT• Adoption of Resolution 26-91 approving and authorizing execution of a Cooperative Agreement' between the City of Atascadero and the State of California for the installation of traffic control devices. RECOMMENDATION: Staff recommends adoption of Resolution No. 26-91. BACKGROUND: This resolution is required by Caltrans as a part of the contract documents for the installation of the following traffic control devices: * Traffic Signals Highway 41 at Atascadero Ave Highway 41 at Portola Rd Highway 41 at Curbaril Avenue * Includes Signal Emergency Preempt at the above locations as well as the existing signal at Highway 41 and El Camino Real. FISCAL IMPACT: By law, the City and State share 50/50 of the cost of the signal installation with the City paying 100% of the emergency preempt costs. The City's total portion of this contract is estimated to be $210,750. , of which $141, 000 (Our share of the construction cost) will be paid by FAU funds. The remaining funds will be paid for out of Gas Tax money. • RESOLUTION NO. 26-91 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING AND AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE ' CITY OF ATASCADERO PERTAINING TO THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING, MODIFICATION OF EXISTING SIGNAL, AND INSTALLATION OF AN EMERGENCY VEHICLE PREEMPTION SYSTEM ON STATE HIGHWAY ROUTE 41 AT THE INTERSECTIONS OF PORTOLA ROAD, CURBARIL AVENUE, ATASCADERO AVENUE AND EL CAMINO REAL AT SANTA YSABEL A. WHEREAS, the State and the City desire to install and modify traffic signals at the intersections of State Highway Route 41 and Portola Road, Curbaril Avenue, Atascadero Avenue and E1 Camino Real; and B. WHEREAS, the State and the City desire to enter into a Cooperative Agreement which establishes the respective obligations for the completion of the above mentioned traffic work. NOW, THEREFORE, be it resolved by the Council of the City of Atascadero as follows: 1. The City Council approves the Cooperative Agreement (District Agreement No. 5CA9103) between the State of California and the City. 2. The Mayor and the City Clerk are hereby authorized and directed to execute said agreement on behalf of the City of Atascadero. ADOPTED: March 26, 1991 ATTEST: CITY OF ATASCADERO: LEE DAYKA, City Clerk ROBERT B. LILLEY, Mayor STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Govemor DEPARTMENT OF TRANSPORTATION P.O. BOX 8114 • SAN LUIS OBISPO, CA 93403-8114 TDD (805) 5493259 February 20, 1991 05-SLO-41-14.7/16. 0 05-253-372701 DESIGN SIGNALS/LIGHTING 05-253-342300 INSTALL SIGNALS/LIGHTING District Agreement #5CA9103 Mr. Glen Luke Public Works Director City of Atascadero 6500 Palma Street Atascadero, CA 93422 Dear Mr. Luke: Attached for execution are the original and four (4) copies of the Cooperative Agreement between the State and the City of Atascadero for the installation of traffic signals and safety lighting, modification of existing signal, and installation of an emergency vehicle preemption system on State Highway Route 41 at the intersections of Portola Road, Curbaril Avenue, Atascadero Avenue and E1 Camino/Santa Ysabel. Please note the Cooperative Agreement states that City's share may be financed 100% by Federal-aid Funds. These funds do not cover administrative overhead costs, therefore, the City would be required to finance these costs. If there are question in regards to what costs and/or charges are covered by the Federal monies please contact John Ritter, Local Streets and Roads, at 549-3213. After execution by authorized City officials, please return the original and three (3) copies with a copy of the authorizing resolution attached to each copy for execution by the State no later than March 22, 1991. Sincerely, Ranell G. Bailey Cooperative Agreement Section Attachment 05-SLO-41-14.7/16.0 05-253-372701 DESIGN SIGNALS/LIGHTING 05-253-342300 INSTALL SIGNALS/LIGHTING • District Agreement #5CA9103 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE, " and CITY OF ATASCADERO a body politic and a municipal corporation of the State of California, referred to herein as "CITY" RECITALS (1) STATE and CITY contemplate installing traffic control signals and lighting (on State Route 41 at the intersections of Portola Road, Curbaril Avenue and Atascadero Avenue) , and modify the existing signal and install an emergency vehicle preemption system (at the intersection of State Route 41 at El Camino/Santa Ysabel) ; referred to herein as "PROJECT", and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed, and maintained. (2) It is anticipated that Federal-aid Funds will be allocated for financing 92.8%, 100% of CITY's share/85.6% of STATE's share, of the (construction, construction engineering and preliminary engineering) costs which are eligible for Federal-aid participation, and STATE and CITY will bear the remainder of the costs as set forth herein. SECTION I STATE AGREES: (1) To provide all necessary preliminary engineering, including plans and specifications, and all necessary construction engineering services for the PROJECT and to bear STATE's share of the expense thereof, as shown on Exhibit A attached and made a part of this Agreement. (2) To construct the PROJECT by contract in accordance with the plans and specifications of STATE. PAGE 1 OF 7 (3) To pay an amount equal to 50% of the PROJECT construction costs for installation of the three(3) new signals and lighting, and modification of signal as shown on Exhibit A but in no event shall STATE's total obligation for PROJECT construction costs, under this Agreement, excluding costs referred to in Section III, Article (9) , exceed the amount of $135, 500; provided that STATE may, at its sole discretion, in writing, authorize a greater amount. (4) To pay an amount equal to 0% of the new emergency vehicle preemption system related construction costs as shown on Exhibit A. (5) Upon completion of PROJECT and all work incidental thereto, to furnish CITY, with a detailed statement of the portion of the engineering and construction costs to be borne by CITY, including resolution of any claims which may be filed by STATE's contractor, and to refund to CITY promptly after completion of STATE's audit any amount of CITY's deposit(s) required in Section II, Article (1) remaining after actual costs to be borne by CITY have been deducted, or to bill CITY for any additional amount required to complete CITY's financial obligations pursuant to this Agreement. (6) To maintain the entire traffic control signal (s) and safety lighting as installed and pay an amount equal to 50% of the total maintenance costs, including electrical energy costs. (7) To operate the traffic control signal (s) as installed and pay 100% of the operation cost. SECTION II CITY AGREES• (1) To deposit with STATE within 30 days of receipt of billing therefor (which billing will be forwarded immediately following STATE's bid advertising date of a construction contract for PROJECT) , the amount of $210,750, which figure represents CITY's estimated share of the expense of preliminary engineering, construction engineering, and construction costs required to complete the PROJECT, as shown on Exhibit A. CITY's total obligation for said anticipated project costs, exclusive of claims and excluding costs referred to in Section III, Article (9) , under this Agreement shall not exceed the amount of $231,825; provided that CITY may, at its sole discretion, in writing, authorize a greater amount. (2) CITY's share of the construction cost (estimated to be $140,500) , shall be an amount equal to 50% of the ,total actual signal and lighting related construction costs, and be an amount equal to 100% of the total actual emergency vehicle preemption equipment related construction costs; including the cost of claims, the cost of STATE defense of any claims and the cost of STATE-furnished material, if any, as determined after completion of work and upon final accounting .of costs. PAGE 2 OF 7 (3) CITY's share of the expense of preliminary engineering shall be an amount equal to 25% of CITY's share of the actual final construction cost, for the three (3) new signals, signal interconnect and modification of signal, • calculated prior to any Federal-aid payment; however, CITY's cost will be reduced by CITY's share of Federal-aid payment. (4) CITY's share of the expense of preliminary engineering shall be an amount equal to 25% of CITY's share of the actual final construction cost, for emergency vehicle preemption system, calculated prior to any Federal-aid payment; however, CITY's cost will be reduced by CITY's share of Federal- aid payment. (5) CITY's share of the expense of construction engineering shall be an amount equal to 25% of CITY's share of the actual final construction cost, for the three (3) new signals, signal interconect and modification of signal, -- calculated prior to any Federal-aid payment; however, CITY's cost will then be reduced by CITY's share of Federal-aid payment. (6) CITY's share of the expense of construction engineering shall be an amount equal to 25% of CITY's share- of the actual final construction cost, for emergency vehicle preemption system, calculated prior to any Federal-aid payment; however, CITY's cost will then be reduced by CITY's share of Federal-aid payment. (7) To pay STATE upon completion of all work within 20 days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete CITY's financial obligation pursuant to this Agreement. (8) To reimburse STATE for CITY's proportionate share of the cost of maintenance of said traffic control signals and safety lighting for the three (3) new signals, signal interconect and modification of signal, such share to be an amount equal to 50% of the total maintenance costs, including electrical energy. costs. (9) To reimburse STATE for CITY's proportionate share of the cost of maintenance of said traffic control signal(s) and ,F ,afety lighting for emergency vehicle preemption system, such - share to be an amount equal to 100% of the total maintenance costs, including electrical energy costs. { (10) To pay 50% of the electrical energy costs for the traffic control signal(s) and safety lighting. (11) To furnish the necessary right-of-way unless otherwise provided for. (12) To certify to STATE that the right-of-way is owned by CITY or that CITY had Right of Entry to do work, prior to June 1, 1991. PAGE 3 OF 7 (13) To provide STATE with the following parts upon STATE's notifying CITY of their need: discriminator module and optical detector. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) STATE shall not award a contract for the work until after receipt of CITY's deposit required in Section II, Article (1) . (3) Should any portion of the PROJECT be financed with Federal funds or State gas tax funds all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. (4) After opening of bids CITY's estimate of cost will be revised based on actual bid prices. CITY's required deposit under Section II, Article (1) above will be increased or decreased to match said revised estimate. If deposit increase or decrease is less than $1,000 no refund or demand for additional deposit will be made until final accounting. (5) After opening bids for the PROJECT and if bids indicate a cost overrun of no more than 10% of the estimate will occur, STATE may award the contract. (6) If, upon opening of bids, it is found that a cost overrun exceeding 10% of the estimate will occur, STATE and CITY shall endeavor to agree upon an alternative course of action. If, after 30 days, an alternative course of action is not agreed upon, this Agreement shall be deemed to 'be terminated by mutual consent pursuant to Article (8) of this'`Section III. (7) Prior to award of the construction contract for the PROJECT, CITY may terminate this Agreement by written notice, provided that CITY pays STATE for all costs incurred by STATE. C, (8) If termination of this Agreement is by mutual consent, STATE will bear 50% and CITY will bear 50% of all costs incurred prior to termination,; except"that any utility relocation costs shall be prorated in accordance with STATE's/CITY'S responsibility for utility relocation costs. PAGE 4 OF 7 05-SLO-41---I+.7/16.0 05-253-372701 - . DESIGN 'SIGNALS/LIGHTING 05-253-342300 INSTALL SIGNALS/LIGHTING District Agreement ' #5CA0103 EXHIBIT A ESTIMATE OF COST Total' Est. City's State's DescriRtion Cost Share Share Construction Cost - State's share 50%/City's share 50% teni=S, gna and Lighting Location 1 Route 41/Portola Rd $ 80,000 $ 40,000 $ 40,000 'Location '2 Route 41/Curbaril .Ave $ '80,000 $ 40,000 $ 40,000 Location 3 Route 41/Atascadero Ave $ 80, 000 ; $40,000 $ 40, 000 Signal 'Interconnect $ 30,000 $ 15,000 $ 15,000 Modify Signal, X000 500 _$ 500 Total $271,000 $135,500 $135,500 -'Construction Qgst State's share 0I/City's share 100% Emergency vehicle Preemption Equipment S 5.000 $ 5. 000 �0- TQtal Items $2700,090 $140®500 $135,500 Engineering Cost - Signals_ Mate-'s share 0City1s share 50$ *25% of Constrnction'.Cost $ 67,750 $ 33,875, $ 33,875 Est. of Const. Engineering *25$ of Constructian .Cost $ 6't,7.50 $ 33,875 $ 33,875 Engineering Cost Preemption Equipment , State's sharp, Q% C tv'`s'share jQ0$ Est. of. Prel. . Engineering *25% of Construction Cost. $ - 1,250 $ 1,250 $ -0- Est. of Const. Engineering *25% of Construction Cost $,- 1,250 S .. 1,?50 $ -0- Total Engr. Cost $138, 000 $ 70,250 $ 67,750 PROJECT TOTAL $414,000 $2101750 $203,250 *Percentage Includes 'Overhead PAGE 7 OF 7