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HomeMy WebLinkAboutAgenda Packet 10/09/1990 PUBLIC REVIEW COPY PLEASE DO NOT REMOVE - A G E N D A FROM COUNTER ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM OCTOBER 9, 1990 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 include: 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: "Fire Prevention Week" , October 7-13, 1990 COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than 1 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 con- sidered 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 -re- viewed and acted upon separately after the adoption of the Consent Calendar. Where ordinance adoption is involved, action by Council on the Consent Calendar will presuppose waiving of the reading in full of the ordinance in question. 1 . SEPTEMBER 11, 1990 CITY 'COUNCIL MINUTES 2. SEPTEMBER 20, 1990 CITY COUNCIL MINUTES (Study Session) 3. TENTATIVE PARCEL MAP 11-90, 8065 AMAPOA - Request to subdivide one lot into four four airspace condominiums and a common space (Academe Enterprises, Inc./Summit Engineering) 4. TENTATIVE PARCEL MAP 12-90, ` 8045 AMAPOA = Request to convert an existing four-unit project into airspace condominiums (Shutt/Summitt `Engineering) 5. TENTATIVE PARCEL MAP 13-90, 6655 TECORIDA - Request to subdiv- ide one lot into four airspace condominiums and a common space (Borba/Cuesta Engineering) 6. TENTATIVE PARCEL MAP 13-88, 6375 TECORIDA - Time extension (Grinnell) 7 . FINAL TRACT MAP 3-90, 7715/7745 SINALOA ROAD Creation of six parcels ranging in size from 3,206 sq. ft. to 4,775 sq. ft. (in conformance with Ordinance No. 198, Zone Change 8-89, Planned Development Overlay No. 7) (Jones/Cuesta Engineering) S. FINAL TRACT MAP 15-89, 5900 BAJADA AVENUE Amendment to a previously approved condominium tract map to allow an addition to unit #1 (Low/Cuesta Engineering) 9 FINAL PARCEL MAP '20-891 14205 SANTA ANA ROAD, 9800 & 9850 GARCERO ROAD - Subdivision of 17 ..19 acres into three lots con- taining approximately 5 ..7 acres each (Atascadero Highlands/ Volbrecht' Surveys) 2 10. RESOLUTION NO. 116-90 - ESTABLISHMENT OF A NO PARKING AREA ALONG A PORTION OF EL CAMINO REAL IN FRONT OF THE K-MART PLAZA 11. RESOLUTION NO. 115-90 - ESTABLISHMENT OF A STOP INTERSECTION ON ARDILLA ROAD AT THE INTERSECTION OF BALBOA ROAD 12. RESOLUTION NO. 117-90 - ESTABLISHMENT OF A NO", PARKING AREA ALONG A PORTION OF SAN LUIS AND PUEBLO AVENUES 13. AUTHORIZATION FOR PAVILION-RELATED EXPENSES (PHASE I) 14. AWARD OF BID #90-12 FOR BUILDING DIVISION UTILITY VEHICLE 15. AWARD OF BID #90-5 FOR POLICE DEPARTMENT COMPUTER EQUIPMENT B. HEARINGS/APPEARANCES: 1. CONDITIONAL USE PERMIT 09-89, TENTATIVE TRACT MAP 21-89, AND ZONE CHANGE 15-89, 8555 EL CORTE Appeal by lay Bunnell of Planning Commission denial of proposal to subdivide six (6) existing lots of 21 acres .into 78 lots for single-family homes, including one common lot, and to revise standards of the PD-6 Overlay Zone relating to the elevation at which structures can be built on the site (Continued from September 25, 1990) 2. CONSIDERATION OF HERITAGE TREE REMOVAL REQUEST, 12550 :SANTA ANA ROAD, FOR PURPOSE OF PROPOSED DRIVEWAY CONSTRUCTION (Sandel) 3 . CONSIDERATION OF HERITAGE TREE REMOVALREQUEST, 9405 JAQUIMA FOR PURPOSES OF HOME CONSTRUCTION (Lund) C. REGULAR BUSINESS: 1. GARCIA ROAD TREE REMOVAL ISSUE (Cont'd from 9/25/90) A. Adjourn to closed session for discussion of personnel matters 2. CARLTON SQUARE PROPOSAL 3 . PRIDE DAYS 4. SET HEARING DATE FOR MANDATORY SOLID WASTE PICK-UP & CURBSIDE RECYCLING 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. ) : 3 A. Committee Reports (cont'd) : 1 . City/School Committee 2 . North Coastal Transit 3 . S.L.O. Area Coordinating Council 4 . Traffic Committee 5 . Solid/Hazardous"Waste Mgmt. Committee 6 . Recycling Committee 7 . Economic opportunity Commission 8. B.I.A. 2. City Attorney 3 City Clerk 4 City Treasurer 5. City Manager i II 4 r PROCLAMATION FIRE PREVENTION WEEK WHEREAS, the week of October 7-13, 1990, has been designated as Fire Prevention Week nationwide; and WHEREAS, Fire Prevention Week is held in commemoration of the anniversary of the "Great Chicago Fire"; and WHEREAS, the Atascadero City Fire Department and firefighters nationwide symbolize Fire Prevention Week as a time to stress the importance of fire prevention and education to the public. NOW, THEREFORE, I, Robert Lilley, Mayor of the City of Atascadero, do hereby proclaim the week of October 7-13 1990, as Fire Prevention Week and urge all citizens to make a commitment to fire prevention and home fire safety and to visit the fire station and become familiar with the many aspects of the fire service. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9th day of October, 1990. ----------------------------- ROBERT LILLEY, Mayor City of Atascadero, California • MEETIgq/9/90 AGENDA A-1 DAT E ITEMi ATASCADERO CITY COUNCIL MINUTES SEPTEMBER 11, 1990 The meeting was called to order at 7 :09 p.m. by Mayor Lilley. Councilman Dexter led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Shiers, Dexter, Borgeson, Nimmo and Mayor Lilley Also Present: Muriel Korba, City Treasurer and Lee Dayka, City Clerk Staff Present: Ray Windsor, City Manager; Art Montandon, City Attorney; Henry Engen, Community Development Director; Andy Takata, Director of Parks, Recreation & Zoo; Greg Luke, Public Works Director; Gary Sims, Senior Civil Engineer; Lisa Schicker, Natural Resource Specialist; and Bud McHale, Police Chief. SPECIAL PRESENTATIONS: Mayor Lilley presented plaques of appreciation to outgoing Planning Commissioners, Geri Brasher and Jaime Lopez-Balbontin. Ms . Brasher was present to accept and thanked the Council for allowing her to serve. The City Clerk accepted the plaque for Mr. Lopez-Balbontin, who had another commitment. The mayor also made special presentations to outgoing Parks & Recreation Commissioners, Judith McKrell and John Harris; who were both present to accept. PROCLAMATIONS : Mayor Lilley read the following proclamations : "Good Neighbor Months", September - December, 1990 (United Way/Neighbors Helping Neighbors) "Emergency Medical Services Week", September 16-22, 1990 (Emergency Medical Services Agency) CC9/11/90 Page 1 COMMUNITY FORUM: Robert D. Hoggatt, 8931 Palomar, expressed concern over recent traffic incidences involving children in his neighborhood. He stated that, on many residential streets, there are no signs posted indicating "children present" or speed limits and that many motorists speed. Mr. Hoggatt reported that he, had made a previous complaint earlier in the year and that the matter had not been put before the Traffic Committee. He recognized that the committee would be looking at the issue at their September 19, 1990 meeting, but added that he wanted Council to be aware of - the situation. Mayor Lilley referred to a letter and petition received from Mr. Hoggatt and confirmed that the item would be discussed at the next Traffic Committee. Mayor Lilley then stated that he had been requested to take item C-1 out of order and asked for motion: MOTION: By Councilwoman Borgeson and seconded by Councilman Dexter to move to item C-1; motion unanimously passed. C. REGULAR BUSINESS: 1. REQUEST AUTHORIZATION TO SOLICIT BIDS FOR THE LAKE PAVILION- FINAL PHASE (Construction) A presentation, with architectural drawings, was given by Ron Page. Mr. Page reported that the Pavilion construction was being broken down into two phases with two separate bids . He requested that Council authorize staff to solicit bids for Phase I (Grading and Retaining Wall) and that the bids be formally opened on September 14, 1990. The architect noted that the advantage would be that contractors bidding on Phase II (Pavilion Building Construction) would be able to see the graded building site. Mr. Takata announced that the architectural renderings would be on display for the public to view during the break. Mr. Page explained that there had been an increase in costs due to the addition of fire sprinklers, engineering costs attributed to results of a soils test, site improvements for the revised parking lot and walkway landscaping. Councilwoman Borgeson stated concern for going over-budget on the project. Mr. Page stated that the community had established the CC9/11/90 Page 2 scope and that Council could still decide not to go with the project. Public Comments : Eric Greening, 7365 Valle, asked if any thought had been given to using passive solar heat to reduce energy requirements. Mayor Lilley responded that he could pose that question to Mr. Page during the break. , Sarah Gronstrand, 7620 Del Rio Road gave an update on the fundraising efforts of the Friends of the Lake Park Pavilion Committee. She also announced a benefit barbeque planned for Saturday, September 29, 1990. MOTION: By Councilwoman Borgeson and seconded by Councilman Dexter to authorize staff to solicit bids for the construction of Phase I of the Atascadero Lake Pavilion; motion passed 5 :0 by roll call vote. A. CONSENT CALENDAR: 1. AUGUST 14, 1990 CITY COUNCIL MINUTES (Cont'd from 8/28/90) 2. AUGUST 23, 1990 SPECIAL COUNCIL MEETING MINUTES (Interviews Planning Commission) 3. AUGUST 30, 1990 SPECIAL COUNCIL MEETING MINUTES (Interviews Parks, Recreation & Zoo Commission) 4. LOT LINE ADJUSTMENT 12-90, 7600 EL RETIRO/7555 MIRA FLORES- Lot line adjustment between two existing lots of record resulting in the reduction in size of an existing noncon- forming lot (Ferguson/Johnson/Central Coast Engineering) 5. AUTHORIZE RECRUITMENT FOR TWO TRAFFIC COMMITTEE MEMBERS 6. AWARD BID FOR NEW ACCOUNTING SYSTEM HARDWARE Mayor Lilley read the Consent Calendar. Councilwoman Borgeson pulled Item A-6. The City Manager noted a correction to A-3, Minutes of the August 30, 1990 Special Meeting. MOTION: By Councilman Dexter and seconded by Councilman Shiers to approve the Consent Calendar as amended and with the exception of A-6; motion carried. CC9/11/90 Page 3 6. AWARD BID FOR NEW ACCOUNTING SYSTEM HARDWARE Mark Joseph gave the staff report recommending that Council award Hornbuckle Engineering the bid for a PC Network to be installed at City Hall. He then responded to questions from Council. Councilwoman Borgeson noted that the lowest bidder (Coastal Computers) was a local firm and opposed to staff's request to award the bid to someone ,else. Councilman Shiers stated that although he had originally had the same concerns, now recognized that the added factor of the maintenance agreement was what ultimately swung the low bid in favor of Hornbuckle rather than to Coastal Computers. Mr. Joseph answered additional questions relating to deficiencies of the current system and its' resale. Councilman Dexter and Mayor Lilley both spoke in support of the Finance Director' s recommendation. Councilwoman Borgeson indicated that her vote on the matter would put on record her opinion that the award should be given to the local firm. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to authorize staff to award the bid for new accounting software to Hornbuckle Engineering; motion carried 4:1, with Councilwoman Borgeson voting in opposition. B. HEARINGS/APPEARANCES: 1. THE COUNCIL WILL ADJOURN TO A CLOSED SESSION FOR PURPOSES OF DISCUSSION REGARDING PENDING LITIGATION (GORDON DAVIS ROADS) MOTION: By Councilman Dexter and seconded by Councilwoman Borgeson to adjourn to a closed session for the purposes of discussion relating to pending litigation regarding the so-called "Gordon Davis Roads"; motion unanimously passed. THE MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:10 P.M. The meeting was reconvened the open session at 8:32 p.m. 2. GORDON T. DAVIS ROAD AGREEMENTS: A. RESOLUTION NO. 111-90 - ACKNOWLEDGING CONDITIONAL ACCEPTANCE OF THE- "GORDON DAVIS ROADS" INTO THE CITY- MAINTAINED ROAD SYSTEM CC9/11/90 Page 4 • Mayor Lilley read the full text of proposed Resolution 111-90 and explained that "Exhibit C" was a set of maps which set--f-o—HR the details. Public Comments: Joan Okeefe, 9985 old Morro Road East, asked for a definition of an "improvement security" . Mayor Lilley responded that the improvement security, 1) provides Mr. Davis with some options to allow the precise plan exemption to come presently into affect and 2) gives the City some assurance that should Mr. Davis not complete the roads in accord with the agreement, that the City will have the resources (by either a bond or a cash deposit) to do so itself. The mayor added that if Mr. Davis chose not to put forward any kind of security to ensure the performance of the work, the precise plan requirements would remain in affect until the roads are completed and accepted by the City. Mrs. Okeefe asked if the figure had been arrived at or whether the amount was yet to be negotiated. The City Manager explained that the City had only just received the maps (Exhibit "C" ) and that staff had to generalize the costs . He added that Mr. Davis was in the hospital recovering from surgery and, although he had agreed in concept, the amount had not been finalized. Mrs. Okeefe asked if the details of the agreement and the list of improvements would be available to the public. Mr. Windsor assured that it was all public record and that staff would be available to interpret it. George Wolfrank, 5561 Tunitas, urged Council to give serious consideration to the Atascadero Colony roads and ensure that right-of-ways are maintained for the public. Mayor Lilley remarked that Council has begun a very aggressive approach to resolving the issue of title and the status of those roadways involving Wells Fargo Bank. He stated that the matter is currently under negotiations between the City Attorney and Wells Fargo. MOTION: By Councilman Nimmo and seconded by Councilwoman Borgeson to adopt Resolution 111-90 with staff directed to establish conditions for specific plans within the 1983 and 1986 Agreements consistent with Exhibit "C"; motion carried 5:0 by roll call vote. CC9/11/90 Page 5 Mayor Lilley recognized John McCarthy, North Coast Engineering, and publicly thanked him for his efforts. B. CONDITIONING OF PRECISE PLANS AFFECTED BY THE GORDON T. DAVIS ROAD AGREEMENTS The City Manager acknowledged that the staff report had not been distributed and read the staff recommendation. He then clarified that the City needs to be assured that the work will be done; that the applicants for the appeals (Items B-3 and B-4) can either wait until the work is done (with the conditions remaining on their applications) ; and/or Mr. Davis can give the security and the conditions will be removed. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to grant the appeals on Precise Plan 28-90 and 70-90; and return to staff to set appropriate conditions in accord with Resolution No. 111-90; motion unanimously passed by roll call vote. 3. PRECISE PLAN 28-90 - APPEAL BY JOHN FALKENSTIEN OF ROAD IM- PROVEMENT CONDITION OF PRECISE PLAN, 8705 SANTA CRUZ ROAD (Cont'd from 8/28/90) i Granted, see above motion. 4. PRECISE PLAN 70-90 - APPEAL BY ROBERT GARDNER OF ROAD IMPROVEMENT CONDITION OF PRECISE PLAN, 14405 SANTA ANA ROAD (Cont'd from 8/28/90) Granted, see above motion. 5. TENTATIVE TRACT MAP 2-90 - APPEAL BY MICHAEL S. KROUT ON BEHALF OF RICHARD MONTANARO OF PLANNING COMMISSION DENIAL OF PROPOSED TRACT MAP (CONDOMINIUM CONVERSION) , 11145 EL CAMINO REAL (Cont'd from 8/28/90 at applicant' s request) Henry Engen gave background on the application and reported that both the Planning Commission and the City Council have requested an inventory of the . extent to which rental housing had been converted to condominiums and that this has been done. Mr. Engen noted that the applicant had not wanted the matter continued pending receipt of such data and that staff had been directed by the Planning Commission to come back with findings for denial, which had been appealed. Mr. Engen highlighted the findings for denial and gave statistical data relating to the amount of rental units CC9/11/90 Page 6 available. The Community Development Director then responded to questions from Council regarding density and design guidelines. Mayor Lilley asked the City Attorney for a determination regarding regulation of conversions absent an ordinance. Mr. Montandon stated that condominium conversion subdivision maps have special statutes which regulate their processing and that when there is an existing structure, the normal findings whereby the City can deny a map are not applicable. He advised that the application could not be denied for General Plan inconsistencies because there currently are no applicable general or exact plans which contain objectives and policies specifically directed to the conversion of existing buildings into condominium projects . In addition, Mr. Montandon stated that the City could not impose conditions relating to density and design review criteria without a condominium conversion ordinance. Councilman Dexter asked the City Attorney if there were any conditions of approval that could be added to this specific application for conversion to address concerns relating to fire sprinklers, soundproofing, etc. Mr. Montandon advised that staff was currently researching what conditions could be imposed, but added that there was little that could be added in the way of reconstruction. Lengthy discussion followed. There was a consensus of the Council to proceed with a condominium conversion ordinance in order to preserve housing stock and give staff direction to come back with an urgency ordinance for the interim. The City Attorney advised that Council should request a moratorium ordinance to allow staff time to prepare the conversion ordinance. MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to refer the matter to staff for the development of a condominium conversion ordinance; and pending the presentation and possible adoption of that ordinance, staff also be directed to come back at the next regular meeting with an ordinance creating a moratorium on future conversions until adoption of the conversion ordinance. Discussion of the motion followed. The City Attorney reported that the Planning Commission would be looking at three four-unit projects with applications for conversion at their next meeting. Mr. Engen expanded by giving background and noted that each had been designed to be condominiums. He further explained that there were no cases that would CC9/11/90 Page 7 displace residents. Councilwoman Borgeson stated that she did not have a problem with this kind of application as -they were already in the pipeline and originally designed as condominiums; Councilman Shiers concurred. Mr. Montandon asked for an exemption of these applications from the moratorium ordinance. Council agreed. Councilman Dexter asked if the moratorium ordinance could be immediately brought into affect. Mr. Windsor explained that it could not, that there must be a noticed public hearing and that the ordinance would require a 4/5 vote for passage. A roll call vote was taken on the motion; carried 5:0. At this time, discussion was directed back to the matter of the appeal by Michael Krout on behalf of Richard Montanaro. Public Comments: Michael Krout, attorney, sited legal case studies and noted that the law was clearly on the appellant's side. Speaking in support of the conversion, he stated that the benefit of occupant ownership is being overlooked and that this project would meet the needs of the market and the community. Linda Anderson, 11165 El Camino Real #G, also spoke in support of the conversion reporting that she would like to own her place of residence. Mr. Krout pointed out that if an attempt is made to impose criteria other than what would normally be applicable to similar housing, than the ability to offer the units at the current asking price would be impinged upon. Henry Engen responded to questions from Council relating to water meters, landscaping, drainage, covered parking and a homeowner' s association. MOTION: By Councilman Shiers and seconded by Councilman Nimmo to approve the appeal and refer the matter back to staff for appropriate conditions; motion unanimously passed. 6. HERITAGE TREE REMOVAL REQUEST, 9215 LAKEVIEW, FOR PURPOSES CC9/11/90 Page 8 OF SINGLE-FAMILY HOME CONSTRUCTION (Clark) Henry Engen gave staff report with the recommendation to approve the removals of one pine and one oak with a two for one replacement of each tree. Lisa Schicker, Natural Resource Specialist, noted that the oak to be taken was a Blue oak and that a same species could not be located. She explained that any native oak would be acceptable. Public Comments: Barry Clark, applicant, spoke in favor of the removal stating he was in agreement with the recommendations . Eric Greening, 7365 Valle, objected to the use of red tape on trees to be saved. Ms. Schicker explained that the revised Tree Ordinance would specify red for removal and yellow or orange for protection. MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to approve the request to remove two trees at 9215 Lakeview subject to replacement requirements recommended; motion passed. 7. HERITAGE TREE REMOVAL REQUEST, 14400 EL MONTE, AS PART OF AN APPLICATION FOR PRECISE PLAN 69-89 FOR THE PURPOSES OF HOME CONSTRUCTION (Ranallette - Resubmittal) Mayor Lilley introduced the matter explaining that this was a resubmittal of a previously denied application. Brief discussion followed regarding policy relating to resubmits. The City Attorney noted that time frames would be addressed in the revised Tree Ordinance. Henry Engen gave background and staff recommendation to adhere to the denial. Councilman Nimmo announced that he was in support of reversing the decision. Councilwoman Borgeson noted that the applicants had not taken up the offer of the neighbors to donate land for the septic system. Councilman Nimmo stated that it was unreasonable to put a leach field on someone else' s property. Councilman Dexter reiterated previous concerns for vehicular access to the rear of the lot but added that he was not prepared to reverse his original decision to grant the request. . CC9/11/90 Page 9 Public Comments : Ann Ranallette, applicant, stated that she believed her request was reasonable and necessary. She added that the neighbors should not have more say in the matter than she. Alfred Clarke, architect, spoke in favor of the request and added that the engineer was also present to respond to questions. Whitey Thorpe, 8802 Santa Ynez, urged Council to allow property owner' s the use of their own land. Joan Okeefe spoke in opposition to the request, stating that the home design should blend in with the contours of the land. Steve Casler, 11400 E1 Monte, strongly opposed the tree removals noting that accommodations could be made without sacrificing the trees . He reiterated previous statements that he had complied during the construction of his home and sought only that his neighbors do the same. Eric Gobler, 9110 Atascadero Avenue, reported that he was the engineer and clarified requirements of the septic system. Councilwoman Borgeson asked Mr. Gobler if he had ever consulted with the City Arborist. He stated that although he personally had not, the architect had. Rick Sekerman, 11245 E1 Monte, proclaimed that this issue would be a test for the City Council and stressed that the public needs to know what the Tree Ordinance requires . Councilman Shiers stated that the Zoning Ordinance dictates what one can do with their property, not the neighbors, and that everyone is subject to the ordinance• that it is there to protect Y 7 property rights. He asserted that he was convinced that it is possible to design and put a house on that property without having to remove the trees and added that he saw no reason to change his vote to deny the request. Councilwoman Borgeson concurred and stated that the City has a law and announced that she was going to support enforcing it. Mayor Lilley indicated that, under the current ordinance, the issue was what was reasonable under the circumstances. He added that he did not believe it was a violation of the law to approve the tree removal request. MOTION: By Councilman Nimmo and seconded by Councilman Dexter CC9/11/90 • Page 10 to reconsider the request to remove two heritage trees in connection with Precise Plan 69-89; motion carried 3 :2 with Councilman Shiers and Councilwoman Borgeson voting in opposition. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to approve the removal of two heritage trees in connection with Precise Plan 69-89 with a two to one ratio plus two additional trees for the one tree illegally removed; motion passed 3:2 with Councilman Shiers and Councilwoman Borgeson voting against. C. REGULAR BUSINESS: 1. REQUEST AUTHORIZATION TO SOLICIT BIDS FOR THE LAKE PAVILION- FINAL PHASE (Construction) See previous action taken (Pages 2-3) . 2. AFFIRMING RESCHEDULING OF RECYCLING COMMITTEE INTERVIEWS FOR THURSDAY, SEPTEMBER 13TH, 5:00 P.M. A. CONSIDERATION OF EXEMPTING THE RECYCLING COMMITTEE SELECTION FROM RESOLUTION NO. 35-81 B. CONSIDERATION OF INCREASING THE NUMBER OF RECYCLING COMMITTEE MEMBERS Ray Windsor, City Manager, gave the staff report. Brief discussion followed. There was a consensus of the Council to direct staff to amend Resolution 5-90 (Recycling Committee By-Laws) and expand the body by appointing all applicants to the committee. Interviews previously set for September 13, 1990 were cancelled. 3. SET STUDY SESSION FOR ROAD POLICIES & STANDARDS The Community Development Director requested that Council set their study session for Thursday, September 20, 1990 at 4:00 p.m. , Councilman Shiers asked that the meeting begin at 4:30. By common consent, the study session was set for that date and time. Councilman Nimmo asked if staff was ready to classify the roads. The City Manager indicated that it was . 4. SET JOINT STUDY SESSIONS) WITH PLANNING COMMISSION CC9/11/90 Page 11 Mr. Engen suggested the date. It was agreed that the joint .session would be for Thursday, October 4, 1990 at 4 :30. Mayor Lilley asked the Community Development Director to share with the Planning Commission the reason that Council had reversed the decision on the Montanaro appeal. Mr. Engen indicated that he would. At this time, the City Manager asked if Council would agree to meet for a brief special meeting on Monday, September 17, 1990 at 5:00 p.m. to award the bid of the Lake Pavilion Project - Phase I and requested that Council adjourn to that session. D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council: A. Committee Reports (The following represents ad hoc or standing committees. Informative status reports were given, as follows) : 1. City/School Committee - Mayor Lilley announced the next meeting date as September 27, 1990. 2. B.I.A. - The City Manager asked that the mayor review the draft agreement with David Smith for the downtown parking lot. Councilwoman Borgeson reported that she had read about a portable plastic shredder used for recycling and noted that she wanted to pass the information on to the Public Works Director. Mayor Lilley announced that he had received an invitation from Maggie Rice, Colony Days Chairperson, to submit an entry in the parade and turned the matter over to Mr. Windsor. Additionally, the mayor reported that he would be attending the Mayor' s Meeting on September 27, 1990 and asked that if any of the councilmembers had items for discussion at that meeting to let him know. The City Manager noted that he, too, would be attending. Councilman Dexter related that he had represented the City, at the mayor's request, at Atascadero State Hospital and offered to share with other members information he brought back with him. 2. City Attorney - No report CC9 11 90 Page 12 3. City Clerk - No report 4. City Treasurer Muriel Korba referred to a memo directed to Council regarding interest earnings with Mid-State Bank. She reported that she was seeking retroactive interest because the bank had not informed the City about checking account options . The City Treasurer also explained that investment funds had been transferred to a State account where they will earn 8.5% interest. She expressed concern about the investment policy as it relates to authority of who is responsible for City funds going in or out of any account and suggested that there be some restraints. Additionally, Ms . Korba urged Council to be aware of the investments, current worth, construction funds, etc. and asked if there was a consensus from the Council as to their interest. Council concurred that the information was of concern to them. 5. City Manager Mr. Windsor gave the dates for the Annual League of California Cities Conference and reminded Council to let his office know if they were to be attending in order to meet registration deadlines. Additionally, he noted that the conference would conflict with a regular meeting and asked that Council consider holding that meeting on October 30, 1990 instead. He added that he would come back with this matter formally on the next agenda. MOTION: By Councilman Dexter and seconded by Councilman Nimmo to adjourn to September 17 , 1990 at 5 :00 p.m. for the purpose of awarding the contract for Phase I of the Lake Park Pavilion; motion unanimously passed. THE MEETING WAS ADJOURNED AT 10:23 P.M. MI RECO ED AND PREPARED BY: Clerk CC9/11/90 Page 13 MEETING AGENDA DAA 1J9/90 rMMJ A-2 ATASCADERO CITY COUNCIL MINUTES STUDY SESSION: ROAD STANDARDS & POLICIES September 20, 1990 The Special Meeting was called to order by Mayor Lilley at 4 :38 p.m. Roll Call: Present: Councilmembers Borgeson, Dexter, Nimmo, Shiers and Mayor Lilley Staff: Henry Engen, Community Development Director; Greg Luke, Public Works Director; Art Montandon, City Attorney; Gary Sims, Sr. Civil Engineer; Muriel Korba, City Treasurer; Cindy Wilkins, Admin. Secy./ Dep. City Clerk. ( * It was noted that City Manager, Ray Windsor, was absent due to illness. ) Council Comments : Mayor Lilley noted that this is a continuation of a previously adjourned meeting [7/11/90] . Mr. Engen added that today' s dis- cussion is for continued consideration by Council of a draft policy resolution to set road standards and to establish (7 ) different classes of roads in the City. Mr. Luke announced that there has been, what staff believes to be, a fairly substantial violation of the conditions on the extension of Garcia Road, and a stop work order has been placed on the proj- ect. Mayor Lilley requested that this item be placed on the Council' s 9/25 agenda for a staff report. 1 . Study Session for the Purpose of Discussion Road Standards and Policies Mr. Luke made opening comments underscoring the importance and ben- efits of establishing a roads policy which could enable property owners to be aware of the classes of roads and any conditions for improvement which may be imposed on developments, as well as to enable staff to achieve some long-range planning for future road improvements . He showed a video he prepared which reviewed present examples of the road classifications (I-VII) as they've been pre- sented in staff' s report. He then responded to various questions from Councilmembers . The concept of assessment districts was discussed, with Mr. Luke noting the advantage of the City' s ability to obtain low-interest loans which property owners pay off over long periods of time (e. g. , 15-20 years) . Mayor Lilley added that an additional bene- 1 fit, hopefully, of future assessment districts will be ultimate public maintenance as well as public ownership of the roads, with the latter not always having been the case with assessment dis- tricts . Mr. Luke was asked how many miles of road he would recommend against acceptance into the City-maintained system; he responded this would pertain to Class III &Class V roads and that there are approx. 3-4 miles of roads in that category. Mayor Lilley expressed that a fundamental area of the proposed policy should be the Council ' s stated commitment to study roads, using a traffic engineer, and attempt to adequately warn and alert the public to hazardous road conditions by appropriate signage and other devices. Related discussion ensued, which included the mention of speed control. Mr. Luke responded that he and Mr. Montandon have discussed the retention of a traffic engineer, sub- sequent to input from the Council at the July 11th study session. The subject of liability was discussed. Mr. Montandon concurred with Mayor Lilley' s suggested policy statement, responding to Council' s expressed liability concerns that it is the drivers' res- ponsibility to exercise due care, which they can only do if they know there is a danger, and the presence appropriate warning signs & devices provides for a better defense in liability cases . it was the Council ' s consensus to have Mr. Montandon work with Mr. Luke to amend the proposed policy as discussed above. Councilman Shiers asked if the City is legally bound to accept a road into its maintained system because it has been City-main- tained. Mr. Montandon responded that it' s his understanding that the road classifications are based on a road' s existing physical conditions, adding that if the City has maintained a road for a period of five years at reasonable intervals, the court can deem that the City does, in fact, own the road and has assumed liabi- lity. Councilman Nimmo expressed the opinion that, before adopting the proposed resolution and policy ( including the map) , they should be put into a form which can be reviewed by the public, so that all will be made aware of the types of streets that exist and what it takes to get them into the City-maintained system. He would like to see the goals clarified, feeling that the draft goals appear more like methods. He feels the principle policy goal should be that all Colony roads, other than those abandoned by Council ac- tion, eventually be accepted into the City system. He expressed disagreement with some of the road classifications feeling they, as well as the map, need refinement, and that Atascadero' s rural atmosphere should be retained in the policy' s goals. He personally feels that we should not impose CEQA on the Lewis Plan of 1914 and encouraged the Council to ask for a formal legal opinion as to whether or not CEQA in fact applies to the Colony roads . Mayor Lilley noted that there will undoubtedly be situations where, because of the nature of certain roads or the development history around them, the City will be in a position to "bite the bullet" and, at its own expense, improve the road as a condition of accep- tance. There is a need for a platform to stand on when citizens ask why one road was City-improved and not another. is 2 Public Works and Engineering Division staff were commended by Coun- cil for the work which went into the proposed draft documents . It . was noted that this subject is a monumental task and will require a lot of additional work before everyone feels clear and comfor- table with the policy. Mayor Lilley asked the members of Council to draft their individual thoughts about what goal statements should be included in the pol- icy in order to assist Mr. Luke with refinement of the document. Related discussion ensued, and it was noted that consideration should be given to providing for safe pedestrian and bicycle cir- culation in addition to vehicular traffic concerns . The repeated mention of CEQA in the policy statement was noted, and Council consensus was to seek a formal legal opinion from Burke, Williams & Sorensen as to whether the original roads in the Atasca- dero Colony are subject to or exempt from CEQA. Councilwoman Borgeson asked if the roads policy could be designated for local rural roads . Mr. Luke responded that it could be titled "Local Rural Road Policy" , noting that the Circulation Element Up- date will also address many of the road concerns . Councilman Shiers would like to see the policies specific enough to outline strong grounds for not granting waivers from the adopted standards . Mr. Luke indicated he would like further Council input on that topic. Public Comment Gary Sims, Sr. Civil Engineer, commented that there is no ordinance to address the administrative process involved in issuing encroach- ment permits, and he asked if staff could initiate the process of drafting such an ordinance; Council agreed to give staff the go- ahead. Mr. Luke noted that such an ordinance cannot be imposed where the City does not hold title. Andy Takata indicated that the Parks & Recreation Commission cur- rently has a committee working on the subject of bike path and pedestrian circulation recommendations for the Circulation Element. Mr. Luke indicated that he will prepare a staff report which will summarize the concerns and desired goals expressed tonight. Motion: By Councilman Nimmo to adjourn to the Council meeting of Sept. 25th, seconded by Councilman Dexter; passed unani- mously. Minutes Prepared by: CINDY WILKINS Admin. Secy./Dep. City Clerk 3 • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-3 Through: Ray Windsor, City Manager Meeting Date: 10/9/90 File Number: TPM 11-90 From: Henry Engen, Community Development Director VVC SUBJECT: Request to subdivide one lot into four airspace condominiums and a common space at 8065 Amapoa Avenue (Academe Enterprises, Inc . /Summit Engineering) . RECOMMENDATION: Per the Planning Commission' s recommendation, approval of TPM 11-90 leased on the Findings and Revi-sed Conditions of Approval contained in the attached staff report. BACKGROUND: On September 18, 1990 , the Planning Commission conducted a public Bearing on the above subject. on a 5 :0 vote (Commissioners Waage and Highland absent) , the Commission recommended approval of the snap with modification to Condition #2d. There was discussion and public testimony given as referenced in the attached minutes excerpt. HE :ps Attachment: Staff Report - September 18, 1990 Revised Conditions of Approval - September 181 1990 Minutes Excerpt - September 18, 1990 cc : Academe Enterprises , Inc . Summit Engineering • CITY OF ATASCADNRO Item: B-1 • STAFF REPORT FOR: Planning Commission Meeting Date : September 18, 1990 BY: Doug Davidson, Senior Planner File No: TPM 11-90 SUBJECT: To consider a request to subdivide one lot into four airspace n co min 'do sums and a common area. RECOMMENDATION: Staff recommends approval of Tentative Parcel Map 11-90 based on the Findings for Approval in Exhibit D and the Conditions of Approval in Exhibit E. -. SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .Academe Enterprises, Inc. 2 . Representative. . . . . . . . . . . . . . .Summit Engineering 3 . Project Address . . . . . . . . . . . . . . 8065 Amapoa Ave . • 4 . Site Area. . . . . . . . . . . . . . . . . . . . 0 .30 acres 5 . Zoning. . . . . . . . . . . . . . . . . . . . . . .RMF-16 (FH) 6 . General Plan Designation. . . . .High Density Multiple Family 7 . Existing Use. . . . . . . . . . . . . . . . .Vacant 8 . Environmental Status . . . . . . . . .Categorically Exempt Class 3 ANALYSIS• Building permits are currently being reviewed for the construction of this fourplex. The applicant is attempting to provide an opportunity for home ownership in the form of airspace condominiums . In this arrangement, the unit spaces are individually owned, while the open space and parking area is owned in common. Private agreements (CC&Rs) are created to ensure continued maintenance . • • Staff supports the creation of condominiums in this case, because the number of units involved is small and the project is being designed as a condominium project . The provision of separate water meters is an key indication that the units are designed for separate ownership and utility billing. This is particulary important in light of the questions raised by the recent application by Richard Montanaro for conversion of an existing 64 unit apartment project (11145 El Camino Real) . Staff was hoping that a decision would have been reached on the Montanaro appeal, including City Council direction regarding a condominium conversion study, before considering further similar requests . Action must be taken on map applications within certain time periods, however, and Planning Commission consideration could not be postponed. (Staff reports and public hearing notices for the September 18, 1990 meeting were published on September 6th, prior to the City Council meeting of September 11, 1990 . ) Staff believes, however, that the subdivision is consistent with the policies of the General Plan and should not be subjected to the proposed Findings for Denial of the Montanaro project . Whereas conversion of a 64 unit apartment project significantly reduces the available rental housing in Atascadero, the creation of four airspace condominiums does not affect the existing • supply. The request is not a conversion and thus was not included in the figures cited in Finding #1 of the Montanaro project (27 .5% of the City' s multiple family units converted to condominiums) . The second recommended Finding for Denial of the Montanaro project is, "that the design and improvement of the proposed subdivision is not consistent with the General Plan. " The 64 unit project exceeds the current allowed density, fails to comply with development standards, and does not meet the City' s appearance standards . The project on Amapoa Ave . , however, meets the density standards of the Zoning Ordinance and the design policies of the Appearance Review Guidelines . CONCLUSIONS: The proposed project received favorable responses from all the outside agencies . Drainage requirements of the FH (Flood Hazard) section of the Zoning Ordinance have been incorporated into the project design and are being subsequently reviewed through the building permit process . The required frontage improvements must be completed before the map records or prior to final building inspection, whichever comes first . Most importantly, the project does not reduce the number of available rental housing units in the City. 2 CITY OF ATASCADERO EXHIBIT A ZONING MAP COMMUNITY DEVELOPMENT TPM 11-90 • DEPARTMENT 1 Avf -sem—_ ar �LL —. _� 1 1 -'RS F �AX � r 9.,As l.., 7/ F 41, �CT Q K � 45c"DEFO \ �'Qs�.a`` ; - � Y RSF•Z-' vim l ✓� � ��/ '`1�' �>� o ��9tvE"1 L(FW R-3FXT .� ���� 1 f �� ♦fie=�� � / •_ �fir® � �l l � EXHIBIT C CITY OF ATASCADERO TENTATIVE PARCEL MAP COMMUNITY DEVELOPMENT TPM 11-90 DEPARTMENT _ TENTATIVE MAP �- CONDOMINIUM ' • -•,.. AT 90 -- 160 t *��e A mo Aw ooe+w"Juu um sa r ee l y wr uae&e v a2MANN Pae • v ) n. M. ' I w "t cm a ,Mac" aw Np1 come muern. e+t"m ..» 3f7$w rJ T w4wr � � r ra.r• 1 T f � • 1•dMWWAREA AP.N7 Rarm os vrjt$ fssa .ir .�.���irw nr•w—.' �i� - i4�Iw �7fI �14C w •w.n+.+rn�r�� • •MAW LL C•13423 _. ._ •.. 1M[490= dN&iter-a4 4K. AANIg1 oWfAI/f ST9 a 330 a:•[f te. •r� Clem"IrttOif\3:r�p M-N .h to PWARW BY' $n•fpuws r'WWhiN A Ms[a :4w.i uS+1 •Itt6:•lIM.a:utwp YCY�NII $er14t. •U t3Tw St$lli IWIM. N:O•Jtl$.CA$3444 w w 4r.r•�.•r r Mww4 4r. At�S$ttffr AM q KMAW IVA)3.2-$137 ~"Ko bpt fe3MG i•:�:it'•..ri w•�a"'•i �wl.y:air: .wT.4�uww•bv UAL r .Ww" w S/ifYA'Ap to C UK•AS.Y CC 16$41, 40/not 140 tKr.•ta wa 13$p • • EXHIBIT D - Findings for Approval Tentative Parcel Map 11-90 8065 Amapoa Ave. (Academe Enterprises, Inc. ) September 18, 1990 ENVIRONMENTAL FINDING: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act. 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 E - Conditions of Approval • Tentative Parcel Map 11-90 8065 Amapoa Ave. (Academe Enterprises, Inc . ) September 18, 1990 CONDITIONS OF APPROVAL: 1 . 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. 2 . Road improvement plans, prepared by a registered civil engineer, shall be submitted to and approved by the Community Development and Public Works Departments prior to the construction of public improvements . Plans (which may be included on the site development plan) shall include, but not be limited to the following: a. Amapoa Ave . shall be reconstructed along the entire property frontage, or as directed by the Public Works Director. New pavement width shall be 24 feet to curb face . Portions of the existing curb and gutter may • require removal or replacement, as directed by the Director of Public Works . b. A five (5) foot wide sidewalk is required to match the existing adjacent sidewalk. C. R-value testing shall be done and the pavement section designed by a registered civil engineer to the satisfaction of the Director of Public Works prior to the start of construction. d. Construction of the public improvements shall be completed prior to recordation of the final map. e. All public improvements shall be covered by a 100 percent Performance Guarantee and a 100% Labor Guarantee until construction is deemed substantially complete and by a 10 percent Maintenance Guarantee until one year after substantial completion. 3 . A six foot solid fence is required along the rear property line and along the north property line where parking faces adjacent residential uses . 4 . Each unit must contain 100 square feet of storage area, • exclusive of closets . 5. An encroachment permit shall be obtained from the Public Works Department for all work to be done within the public right-of-way prior to recording the final map. Applicant • shall sign an inspection agreement, guaranteeing that the work shall be done and inspections paid for, prior to the start of public works construction. The construction of these improvements, as directed by the encroachment permit, shall be completed prior to recording the final map. 6. A grading/drainage plan shall be submitted to the City Engineering Division for review and approval prior to issuance of building permits. A rectangular concrete channel shall be installed in the drainage ditch along the rear of the property. A drainage profile shall be submitted to the Engineering Division detailing the drainage of the property to the culvert invert beneath Curbaril Ave. at Morro Rd. Drainage improvements shall require a written statement by a registered civil engineer that all work has been completed and is in compliance with approved plans. Drainage facilities shall be constructed to City specifications and all work shall be completed prior to final inspection or recording of the map. 7. A drainage maintenance agreement, in a form acceptable to the City Attorney, shall be incorporated within the CC&Rs. 8. The applicant shall make an offer of dedication to the City for the three feet adjacent to the right-of-way line along • the property frontage (23 feet from centerline of the right- of-way) . An additional offer of dedication shall be made to the City for the ten feet adjacent to the rear property line for drainage purposes. The offers of dedication shall also include public utility easements. All offers of dedication shall be recorded prior to or simultaneous with the recordation of the final map. 9. The applicant shall establish Covenants, Conditions, and Restrictions (CC&Rs) for the regulation of land use, control of nuisances, and architectural control of the site and buildings. a. These CC&Rs shall be submitted for review and approval by the City Attorney and the Community Development Director prior to approval of the final map. b. These CC&Rs shall be administered by a Condominium Owners Association. 10. The open space/common lot shall be designated as a Public Utilities Easement. • • 11 . 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 Surveyors Act and Subdivision Map Act . Monuments set within the 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 notify the City Engineer in writing when 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. 12 . 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. • EXHIBIT E - Conditions of Approval • Tentative Parcel Map 11-90 8065 Amapoa Ave. (Academe Enterprises, Inc. ) __ Revised by the Planning Commission September 18, 1990 CONDITIONS OF APPROVAL: 1. 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. 2. Road improvement plans, prepared by a registered civil engineer, shall be submitted to and approved by the Community Development and Public Works Departments prior to the construction of public improvements. Plans (which may be included on the site development plan) shall include, but not be limited to the following: a. Amapoa Ave. shall be reconstructed along the entire property frontage, or as directed by the Public Works Director. New pavement width shall be 24 feet to curb face. Portions of the existing curb and gutter may • require removal or replacement, as directed by the Director of Public Works. b. A five (5) foot wide sidewalk is required to match the existing adjacent sidewalk. C. R-value testing shall be done and the pavement section' designed by a registered civil engineer to the satisfaction of the Director of Public Works prior to the start of construction. d. Construction of the public improvements shall be completed prior to recordation of the final map, or the applicant shall enter into an agreement acceptable to the Public Works and Community Development Departments, as well 'as the City Attorney. The required improvements shall be completed prior to occupancy of the site. e. All public improvements shall be covered by a 100 percent Performance Guarantee and a 100% Labor Guarantee until construction is deemed substantially complete and by a 10 percent Maintenance Guarantee until one year after substantial completion. 3. A six foot solid fence is required along the rear property line and along the north property line where parkin:} faces adjacent residential uses. • 4. Each unit must contain 100 square feet of storage area, exclusive of closets. 5. An encroachment permit shall be obtained from the Public Works Department for all work to be done within the public right-of-way prior to recording the final map. Applicant shall sign an inspection agreement, guaranteeing that the work shall be done and inspections paid for, prior to the start of public works construction. The construction of these improvements, as directed by the encroachment permit, shall be completed prior to recording the final map. 6. A grading/drainage plan shall be submitted to the City Engineering Division for review and approval prior to issuance of building permits. A rectangular concrete channel shall be installed in the drainage ditch along the rear of the property. A drainage profile shall be submitted to the Engineering Division detailing the drainage of the property to the culvert invert beneath Curbaril Ave. at Morro Rd. Drainage improvements shall require a written statement by a registered civil engineer that all work has been completed and is in compliance with approved plans. Drainage facilities shall be constructed to City specifications and all work shall be completed prior to final inspection or recording of the map. • 7. A drainage maintenance agreement, in a form acceptable to the City Attorney, shall be incorporated within the CC&Rs. 8. The applicant shall make an offer of dedication to the City for the three feet adjacent to the right-of-way line along the property frontage (23 feet from centerline of the right- of-way) . An additional offer of dedication shall be made to the City for the ten feet adjacent to the rear property line for drainage purposes. The offers of dedication shall also include public utility easements. All offers of dedication shall be recorded prior to or simultaneous with the recordation of the final map. 9. The applicant shall establish Covenants, Conditions, and Restrictions (CC&Rs) for the regulation of land use, control of nuisances, and architectural control of the site and buildings. a. These CC&Rs shall be submitted for review and approval by the City Attorney and the Community Development Director prior to approval of the final map. b. These CC&Rs shall be administered by a Condominium Owners Association. • 10. The open space/common lot shall be designated as a Public Utilities Easement. • 11. 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 Surveyors Act and Subdivision Map Act. Monuments set within the 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 notify the City Engineer in writing when 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. 12 . 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 - SEPTEMBER 18, 1990 • 1 . TENTATIVE PARCEL MAP 11-90 : Application filed by A=eme Enterprises, Inc . (Summit Engineering) to subdivide one lot into four airspace con- dominiums and a common area. Subject site is located at 8065 Amapoa Avenue. Mr. Davidson presented the staff report on this request. Staff is recommending approval subject to 12 conditions . Commission discussion and questions followed. Eric Schmitz with Summit Engineering, representing the applicant, spoke in support of the map but asked for modified language to Condition 42d (public improvements) to enter into an agreement acceptable to Community Development, Public Works, and City Attorney. Mr. Decamp stated that typically, maps of this nature where the site will be occupied prior to completion of the map, it is desired to have the frontage improvements in place prior to recordation. • Gary Sims said this situation is unique in that the structures alreadv exist. Bonding is not desireable as it is difficult for the City to collect bonds as guarantees, etc. He added that Public Works could concur with the applicant' s request contingent upon the City' s Attorney' s concurrence with a reasonable time limit. Mr. Schmitz requested a six month time limit. In response to inquiry by Commissioner Lochridge, Noel Shutt, applicant, explained reasons for requesting an additional amount of time in order to get the financing needed to complete the improvements . Commissioner Lochridge stated he did not believe that the conditions of approval were unreasonable. After further discussion, it was apparent that Mr. Shutt' s comments applied to the next item (TPM 12-90) wherein the units already exist. Mr. Sims apologized for the mix-up as he had been referring to the next item and added that his department would have no problem with amending #2d for TPM 11-90 . Mr. Shutt explained that if he can get the map finaled, he • will be able to obtain more financing from the bank with a condominium project than with an apartment project. Discussion ensued. Commissioner Johnson commented that the City does need some way to insure that the improvements are going to be done. MINUTES EXCERPT - PLANNING COMMISSION - SEPTEMBER 18 1990 Mr. DeCamp stated that any kind of agreement reached will be backed up by some type of certifiable funds . He emphasized that this is vacant land right now and that the four units could conceivably be constructed and occupied prior to the map being recorded; therf ore, assurances need to be made to insure that the public improvements are in place prior to occupancy. In response to question by Commissioner Hanauer, Mr. Sims clarified that the two issues involved are the guarantee and timing of improvements . He added that Public works would like a clause stating that the City Attorney would review and approve the agreement. Mr. Schmitz explained that with the plan review and construction process in order for the map to record, delays would occur for financing of the project. Commissioner Lochridge stated he would feel comfortable with language in the conditions reflecting that the improvements would be in place prior to occupancy. Mr. Decamp remarked that language to this effect would be appropriate . MOTION: By Commissioner Lochridge, seconded by Commissioner • Hanauer and carried 5 : 0 to approve Tentative Parcel Map 11-90 subject to the Findings and Conditions of Approval With modification to Condition #2d: 112d. Construction of the public improvements shall be completed prior to the recordation of the final map, or the applicant shall enter into an agreement acceptable to the Public 'Works and Community Development Departments, as well as the CityAttorney. The required improvements shall be compelted prior to occupancy of the site. " 2 . TENTATIVE PARCEL MAP 12-90 : Application filed by Noel and Linda SI t (Summit Engin- eering) to convert an existing r unit project into airspace condominiums . Subje site is located at 8045 Amapoa Avenue. Mr. Davidson presented e staff report adding that when these units were origina constructed, they were intended to be converted to co ominiums (separate water meters, etc . ) He stated that aff would request that the warding for Condition 42-c (p is improvements) not be changed. . lc Schmitz with Summit Engineering, representing the applicant, emphasized that this project was intended from the beginning to convert to condominiums which is reflected on the construction plans ( i . e. separate utility services, separate water meters , etc . ) . and requested that the language for 2-c • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-4 Through: Ray Windsor, City Manager Meeting Date: 10/9/90 File Number: TPM 12-90 From: Henry Engen, Community Development Director SUBJECT: Request to convert an existing four-unit project into airspace condominiums at 8045 Amapoa Avenue (Noel and Linda Shutt/Summit Engineering) . RECOMMENDATION: • Per the Planning Commission' s recommendation, approval of TPM 12-90 based on the Findings and Conditions of Approval contained in the attached staff report. BACKGROUND: On September 18, 1990, the Planning Commission conducted a public hearing on the above subject. On a 5 : 1 : 1 vote (Commissioner Waage absent and Commissioner Highland abstaining) , the Commission recommended approval of the map. There was discussion and public testimony as referenced in the attached minutes excerpt. HE :ps Attachment: Staff Report dated September 18, 1990 Minutes Excerpt -September 181 1990 cc : Noel and Linda Shutt Summit Engineering • CITY OF ATASCADERO Item: B-2 • STAFF REPORT FOR: Planning Commission Meeting Date : September 18, 1990 BY: Doug Davidson, Senior Planner File No : TPM 12-90 SUBJECT: To consider a request to convert an existing four-unit project into airspace condominiums . RECOMMENDATION: Staff recommends approval of Tentative Parcel Map 12-90 based on the Findings for Approval in Exhibit D and the Conditions of Approval in Exhibit E . SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .Noel and Linda Shutt 2 . Representative. . . . . . . . . . . . . . .Summit Engineering 3 . Project Address . . . . . . . . . . . . . . 8045 Amapoa Ave. • 4 . Site Area. . . . . . . . . . . . . . . . . . . . 0 .29 acres 5 . Zoning. . . . . . . . . . . . . . . . . . . . . . .RMF-16 (FH) 6 . General Plan Designation. . . . .High Density Multiple Family 7 . Existing Use . . . . . . . . . . . . . . . . .Four unit project 8 . Environmental Status . . . . . . . . .Categorically Exempt (Class One) ANALYSIS: Permits were issued for the four unit project on November 19, 1984, with occupancy granted on October 15, 1985 . The applicant intended to convert these units to condominiums, in fact the project was constructed with individual ownership in mind. The installation of separate water meters is evidence that the project was envisioned as separate units . Indeed, the Atascadero Mutual Water Company requires that each condominium contain its own water meter. • • Airspace condominiums allow individual ownership of a unit, with the parking and landscape areas owned in common. Private agreements among the property owners ensure maintenance. Since this is a proposed conversion of existing units, it will remove available rental housing from the market. This fact, in light of the recent Montanaro proposal, causes the staff to hesitate and carefully consider its recommendation. The Montanaro project is a proposed conversion of an existing 64 unit apartment project located at 11145 El Camino Real . The Planning Commission action to deny the Montanaro project, with a concurrent recommendation to allow staff to prepare a condominium conversion ordinance, will be heard on appeal at the City Council meeting of September 11, 1990 . Comparison with Montanaro Project Two characteristics distinguish the subject project from the Montanaro request . First, the fact that was mentioned above, the project was constructed for ultimate conversion to condominiums . Secondly, this is a four unit conversion versus a 64 unit project . Whereas, the Montanaro project would result in an 11 percent increase in the total number of converted units, -a four unit conversion would add less than one percent to the total . Although the City lacks a condominium ordinance with guidelines for conversion, it is safe to conclude that this is an • insignificant number. The staff' s goal is still to implement the policies of the General Plan through adoption of a condominium conversion ordinance - in the meantime such requests will be reviewed on an individual basis . The original intent and size of this project supports its conversion to condominiums . CONCLUSIONS: No structural or site modifications are necessary for these existing units to comply with the Uniform Building and Fire Codes . The Public Works Department has required the installation of public improvements along the property frontage and drainage facilities across the rear of the site, to maintain consistency with other recent approvals on Amapoa Ave . In conjunction with the recommended Conditions of Approval, the project can provide an attractive opportunity for home ownership. Moreover, the conversion will not remove a substantial amount of rental housing from the market . ATTACHMENTS : Exhibit A - Zoning Map Exhibit B - General Plan Map Exhibit C - Tentative Parcel Map Exhibit D - Findings for Approval Exhibit E - Conditions of Approval • 2 EXHIBIT A CITY OF ATASCADERO ZONING MAP COMMUNITY DEVELOPMENT TPM 12-90 DEPARTMENT i �k V� t- �r�yc �J Y� (FH)1 � a - � co4 4 r SITE 40 yrEw R S F IV .1/ � � �i'fl � f � � 5'NT►�� �•� ����i�� , � SII �,�� � "�.� �` �� �i�Y►� �� IIII IA/�� Tow- wl- �lI ♦ ♦ i JA NOW - r I� so ;a Waal EXHIBIT C CITY OF ATASCADERO TENTATIVE PARCEL MAP COMMUNITY DEVELOPMENT TPM 12-90 DEPARTMENT TENTATIVE MAP -� CONDOMINIUM CONVERSION AT - 90 • • r r RRf11O A 0DITYCRsm 110 COYROI gow OP PO(R [EIRTDIO "ARnOW YIRTR IIPOM LOT 23 w M= DC Of ATADCMW I= 4 V W RI "It CITY DP ATNC01M. SAN 1,I111 ORISPO CMWM. 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W l C LuPgdt.R.C.C. 11345 (AS i 2501.1/1) POEPAREO MASL 1110 • • EXHIBIT D - Findings for Approval Tentative Parcel Map 12-90 .8045 Amapoa Ave. (Academe Enterprises, Inc. ) September 18, 1990 ENVIRONMENTAL FINDING: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act. 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 E - Conditions of Approval Tentative Parcel Map 12-90 • 8045 Amapoa Ave . (Academe Enterprises, Inc . ) September 18, 1990 CONDITIONS OF APPROVAL: 1 . 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. 2 . Road improvement plans, prepared by a registered civil engineer, shall be submitted to and approved by the Community Development and Public Works Departments prior to the construction of public improvements . Plans shall include, but not be limited to the following: a. Amapoa Ave. shall be reconstructed along the entire property frontage, or as directed by the Public Works Director. New pavement width shall be 24 feet to curb face . The existing drive approach shall be removed and replaced. Portions of the existing curb, gutter, and sidewalk shall be removed and replaced as directed by the Director of Public Works. b. R-value testing shall be done and the pavement section designed by a registered civil engineer to the satisfaction of the Director of Public Works prior to the start of construction. C . Construction of the public improvements shall be completed prior to recordation of the final map. d. All public improvements shall be covered by a 100 percent Performance Guarantee and a 100% Labor and Material Guarantee until construction is deemed substantially complete and by a 10 percent Maintenance Guarantee until one year after substantial completion. 3 . An encroachment permit shall be obtained from the Public Works Department for all work to be done within the public right-of-way prior to recording the final map: Applicant shall sign an inspection agreement, guaranteeing that the work shall be done and inspections paid for, prior to the start of public works construction. The construction of these improvements, as directed by the encroachment permit, shall be completed prior to recording the final map . • • 4 . A rectangular concrete channel shall be installed in the drainage ditch along the rear of the property. A drainage profile shall be submitted to the Engineering Division detailing the drainage from the property to the culvert invert beneath Curbaril Ave . and Morro Rd. Drainage facilities shall be constructed to City specifications and all work shall be completed prior to final inspection or recording of the map. 5 . A drainage maintenance agreement, in a form acceptable to the City Attorney, shall be incorporated within the CC&Rs . 6 . The applicant shall make an offer of dedication to the City for the three feet adjacent to the right-of-way line along the property frontage (23 feet from centerline of the right- of-way) . An additional offer of dedication shall be made to the City for the ten feet adjacent to the rear property line for drainage purposes . The offers of dedication shall also include public utility easements. All offers of dedication shall be recorded prior to or simultaneous with the recordation of the final map. 7 . The applicant shall establish Covenants, Conditions, and Restrictions (CC&Rs) for the regulation of land use, control of nuisances, and architectural control of the site and buildings . • a. These CC&Rs shall be submitted for review and approval by the City Attorney and the Community Development Director prior to approval of the final map. b. These CC&Rs shall be administered by a Condominium Owners Association. 8 . The open space/common lot shall be designated as a Public Utilities Easement . 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 Surveyors Act and Subdivision Map Act . Monuments set within the 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 notify the City Engineer in • writing when 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 - SEPTEMBER 18 1990 • Mr. Decamp stated that any kind of agreement r/emphasized l be backed up by some type of certifiable funds . that this is vacant land right now and that nits could conceivably be constructed and occupied p map being recorded; therfore, assurances need to made to insure that the public improvements are in place p or to occupancy. In response to question by Commission ' Hanauer, Mr. Sims clarified that the two issues involve are the guarantee and timing of improvements . He added tha Public works would like a clause stating that the City torney would review and approve the agreement. Mr. Schmitz explained tha with the plan review and construction process in or r for the map to record, delays would occur for financing f the project. Commissioner Lochridge stated he would feel comfortable with language in the Gond ions reflecting that the improvements would be in place -ior to occupancy. Mr. DeCamp remarked that language to lis effect would be appropriate. • MOTION: By C nmissioner Lochridge, seconded by Commissioner Ha suer and carried 5 :0 to approve Tentative Parcel p 11-90 subject to the Findings and Conditions of Approval with modification to Condition #2d: 112d. Construction of the public improvements shall be completed prior to the recordation of the final map, or the applicant shall enter into an agreement acceptable to the Public 'Works and Community Development Departments, as well as the City Attorney. The required improvements shall be compelted prior to occupancy of the site. " 2 . TENTATIVE PARCEL MAP 12-90 : Application filed by Noel and Linda Shutt (Summit Engin- eering) to convert an existing four unit project into airspace condominiums . Subjext site is located at 8045 Amapoa Avenue. Mr. Davidson presented the staff report adding that when these units were originally constructed, they were intended to be converted to condominiums (separate water meters , etc: . ) He stated that staff would request that the wording for Condition • #2-c (public improvements) not be changed. Eric Schmitz with Summit Engineering, representing the applicant, emphasized that this project 'was intended from the beginning to convert to condominiums which is reflected on the construction plans ( i . e. separate utility services, separate water meters , etc; . ) . and requested that the language for 2-c PLANNING COMMISSION - MINUTES EXCERPT - SEPTEMBER 18 1990 • be modified for the applicant to enter into an agreement (similar to Condition #2-d of TPM 11-90 (pr(i!vious hearing) . He added that a 3 month time limit would be appropriate in view Of the limited improvements for this site. Noel Shutt, applicant, commented that the units were designed and built as condominium units . In response to question from Commissioner Kudlac, Mr. Shutt stated that the tenants have the first right option to purchase the units . 8 : 15 p.m. - Commissioner Highland is now present, Commissioner Lochridge stated lie did not see this project as a "financing nightmare" and would like a firm cOmmittment that as developments occur within the City, public improvements will be installed as the developments occur. Chairperson Luna echoed Commissioner Lochridge° s comments adding that this site is located in a flood plain and part of the improvements would be drainage related. The City would be well-served to make sure that the project does go forth with those improvements in place_ • MOTION: By Commissioner Johnson seconded by commissioner Lochridge, and carried 5 : 1 to approve Tentative Parcel Map 12-90 subject to the Findings and Condi- tions of Approval contained in the staff report. The motion carried with Commissioner Highland abstaining. 3 . TENTATIVE PARCEL MAP 13-90 : Application filed by Bob Borba (Cue- a Engineering) to subdivide one lot into four airsp- e condominiums and a common area. Subject site is 1 cated at 6655 Tecarida Avenue. Mr. Davidson presented the sta report on this matter adding that building permits are cur ently being processed. He noted that the project symbolize the style of design that the City policies now encourag- and complies with the Citv' s architectural guideli s . Staff is recommending approval subject to 8 condi t ' is . Commission quos Ons followed. Eric Schmit , representing the applicant, expressed agreemetlt • with the ' commendation. • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-5 Through: Ray Windsor, City Manager Meeting Date: 101/9/90 File Number: TPM 13-90 From: Henry Engen, Community Development Director kke- SUBJECT: Request to subdivide one lot into four airspace condominiums and a common space at 6655 Tecorida Avenue (Bob Borba/Cuesta Engineering) . RECOMMENDATION: • Per the Planning Commission' s recommendation, approval of TPM 13-90 based on the Findings and Conditions of Approval contained in the attached staff report. BACKGROUND: On September 18, 1990 , the Planning Commission conducted a public hearing on the above subject . On a 6 :0 vote (Commissioner Waage absent) , the Commission recommended approval of the map with modification to Condition #2d. There was discussion and public testimony given as referenced in the attached minutes excerpt. HE :ps Attachment: Staff Report - September 18 , 1990 Minutes Excerpt - September 18 , 1990 CC : Bob Borba Cuesta Engineering • CITY OF ATASCADERO - Item: B-3 • STAFF REPORT FOR: Planning Commission Meeting :DateSeptember 18, 1990 P BY: Doug Davidson, Senior Planner File No : TPM 13-90 SUBJECT: To consider a request to subdivide one lot into four airspace condominiums and a common area. RECOMMENDATION: Staff recommends approval of Tentative Parcel Map 13-90 based on the for Findings Approval g o pp oval in Exhibit D and the Conditions of Approval in Exhibit E. SITUATION AND FACTS: 1 . 'Applicant . . . . . . . . . . . . . . . . . . . .Bob Borba 2 . Representative. . . . . . . . . . . . . . .Cuesta Engineering 3 . Project Address . . . . . . . . . . . . . . 6655 Tecorida Ave. • 4 . Site Area. . . . . . . . . . . . . . . . . . . . 0 . 68 acres 5 . Zoning. . . . . . . . . . . . . . . . . . . . . . .RMF-16 (FH) 6 . General Plan Designation. . . . .High Density Multiple Family 7 . Existing Use . . . . . . . . . . . . . . . . .Vacant 8 . Environmental Status . . . . . . . . .Negative Declaration adopted June 15, 1990 BACKGROUND: Precise Plan 21=90 became effective on June 15, 1990, establishing the development standards for construction of a four unit multiple project (see Exhibit F) . Building permits are currently being reviewed for compliance with the Precise Plan conditions, as well as for conformance with structural and engineering standards . • • ANALYSIS: This four unit project was intended as condominiums from its inception. The applicants have secured Precise Plan approval and are processing the Tentative Map during plan check and construction. In an airspace condominium, the unit spaces are individually owned, while the open space and parking area is owned in common. Private agreements (CC&Rs) will ensure continued maintenance . Staff supports the creation of condominiums in this case, because the e number of units involved o ved is small and theJ ro 'ect was P originally designed as a condominium project . The provision of separate water meters, as well as the building design and layout of the project, confirms that conversion to condominiums was not an afterthought . This is especially important in light of the concerns raised by the recent application by Richard Montanaro for conversion of an existing 64 unit apartment project (11145 E1 Camino Real) . Staff was anticipating that a decision would have been reached on the Montanaro appeal, including City Council direction regarding a condominium conversion study, before considering further similar requests . Nonetheless, staff is confident that this request is in conformance with the General Plan, specifically the • Housing Element and Appearance Review Guidelines . These are the two documents specifically referenced -in the recommended Findings for Denial of the Montanaro project . While conversion of a 64 unit apartment project significantly reduces the available rental housing in Atascadero, the creation of four airspace condominiums does not affect the existing supply. The project on Tecorida Ave. is not a conversion, but has been envisioned as condominiums from the outset . Thus, this project is not included in the percentages cited in Finding #1 of the Montanaro project (27 .5% of the City' s multiple family units converted to condominiums) . The second recommended Finding for Denial of the Montanaro project is, "that the design and improvement of the proposed subdivision is not consistent with the General Plan. " The 64 unit project exceeds the current allowed density, fails to comply with development standards, and is not in conformance with the Appearance Review Guidelines . The project on Tecorida Ave. , however, symbolizes a style of design that City policies now encourage . The project recognizes the natural features of the site, while providing a desirable architectural appearance. • 2 • CONCLUSIONS: The proposed project presented no concerns to any of the outside agencies . All standards of the FH (Flood Hazard) section of the Zoning Ordinance were incorporated into the project design and subsequent review. The required public improvements triggered by this development have been reviewed and approved through the Precise Plan approval and are now being verified before issuance of building permits . With a corresponding subdivision approval, the required improvements must be completed before the map records or prior to final building inspection, whichever comes first . Most importantly, the project scale and design does not present the housing balance question of the Montanaro project . ATTACHMENTS : Exhibit A - Zoning Map Exhibit B - General Plan Map Exhibit C - Tentative Parcel Map Exhibit D - Findings for Approval Exhibit E - Conditions of Approval Exhibit F - Precise Plan 21-90 • 3 • CITY OF ATASCADERO EXHIBIT A COMMUNITY DEVELOPMENT LOCATIONZONING MAP TPM 13-900 • DEPARTMENT b \ v ALLE 1 I � i I LA R,M F ' r (FH) 0 AV J a 711 _ z SCa > L(FH) W � 1 rFi -71—♦rrDaES - 08, �( ���� � � �= CS - �•'F� N til 6 �r ♦\ ��_ - c , _--- \r 6 870 G i % f �Y ,r R F IQ p040 `✓ ,moo` \VIEW 1 - ,L A A . • - 'r[,�r�rnarw,,n r.'i�A ij, ®R ► � Ila Woo � r V � EXHIBIT C CITY OF ATASCADERO TENTATIVE PARCEL MAP COMMUNITY DEVELOPMENT TPM 13-90 • DEPARTMENT OWNER'S STATEMENT LEGEND f MO"r ArKr RO r*%UrVAL 7►x W43 M or WA&•AOrfl1TY saw.OM n4S RNTARW wV AW STAR'MAr i AM"A O"IM OR AUT WIZO AE*RESENTA"W a ;-1 omm WAK no MRt 1 c") SAO 01"O1 A/d THAT W WOftAib1 Oo M.=M S TRUE ANO CenKeT M TK T-1 DOOM O PMU"u=MR TARO MR MWT 1 (TY► ow Or Mr A204O7Q, E-1 omm Comm u2[rm 01mv no 1wf 1 (rTp) L—t4.10 Am FAAAOg14/ ALL u7w OAR r1OA1�IER 3NITY MA# on T.muppm LOT 27 2cm. 1'.W Lae L nista. *08W J.NOMA YOIOSCA L l A MAA[l IEOI RAY E IED/ "war 2K .1217.W .12SLW Y-1 2 W UNR 1 UNIT 2 Y-2 E-1 0-1 G-2 1 LOT 43 LOT I E-2 E-3 UNIT C ' aw ACM Y 0 G-3 p•1wllwe..w�► w1r swrt►.rw.. v COMMON AREA Ano P. U. E. A D G-4 UNIT E—♦ Y—* TMAr4f PARCEL MAP AT 90-192 � RIA A WAWWW Cr LOT X N.=V-A ASID TO.TR wmO wr Or ATASOADEAO.020M R SAM LMS OOlO. RATt IF"nPlaA.A oRM A&T L M&w W=A AT rAlt w a.ArL LOT 29 QUESTA ENGINEERING .TT won SOAR AMSOADOIO.C4k/ wu • EXHIBIT D - Findings for Approval Tentative Parcel Map 13-90 6655 Tecorida Ave. (Bob Borba/Cuesta Engineering) • September 18, 1990 ENVIRONMENTAL FINDING: A Negative Declaration has been previously prepared (May 25, 1990) and adopted (June 15, 1990) as a part of Precise Plan 21- 90. 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. • f EXHIBIT E - Conditions of Approval Tentative Parcel Map 13-90 6655 Tecorida Ave (Borba/Cuesta Engineering) September 18, 1990 CONDITIONS OF APPROVAL: 1 . 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. 2 . Construction of the public improvements as directed by Precise Plan 21-90 shall be completed prior to recordation of the final map. All public improvements shall be covered by a 100 percent Performance Bond and a 100% Labor and Material Bond until construction is deemed substantially complete and by a 10 percent Maintenance Bond until one year after substantial completion. 3 . All conditions of Precise Plan 21-90 shall be completed prior to final building inspection of any unit . • 4 . A road maintenance agreement and a drainage maintenance agreement, in a form acceptable to the City Attorney, shall be incorporated within the CC&Rs . These agreements are for the maintenance of the interior road and onsite drainage facilities . 5 . The applicant shall make an offer of dedication to the City on Tecorida Avenue of 20 feet from centerline of the right- of-way to property line . Offer of dedication shall be recorded prior to or simultaneous with the recordation of the final map. 6 . The applicant shall establish Covenants, Conditions, and Restrictions (CC&Rs) for the regulation of land use, control of nuisances, and architectural control of the site and buildings . a. These CC&Rs shall be submitted for review and approval by the City Attorney and the Community Development Director prior to approval of the final map. b. These CC&Rs shall be administered by a Condominium Owners Association. 7 . The open space/common lot shall be designated as a Public • Utilities Easement . 8 . 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 Surveyors Act and Subdivision Map Act . Monuments set within the 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 notify the City Engineer in writing when 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. 9 . 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. • EXHIBIT F ADMINISTRATION BUILDING +� 6500 PALMA AVENUE iNt*1111 as vade�® POLICE DEPARTMENT ATA9':A0ER0. CALIFORNIA 93422 PHONE: (6051 466000.6NCORPORATED JULY 2. 1979 6300 PALMA AVENUE ATASCAOERO. CALIFORNIA 934. CITY COUNCIL PHONE: (603) 466.6600 CITY CLERK CITY TREASURER CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT _OMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCAOERO. CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: 18051 466.2141 May 25 , 1990 Robert Borba 9436 Carmel Rd. Atascadero, CA 93422 RE: PRECISE PLAN 21-90 66655 Tecorida Ave. Dear Mr. Borba: The City of Atascadero has received and reviewed your application for a Precise Plan and Environmental Determination for grading on • slopes in excess of 10 percent for a four-unit multiple family project. The proposed site is zoned R.MF/165 (FH) (Residential Multiple Family High Density with a Flood hazard Overlay) and the proposed use is allowed as defined as a multiple family dwellings (Section 9-3 . 172 (46) . The adjacent properties are zoned the same as the subject site and are currently a mix of vacant property and residential uses . Procerty to the west is zoned 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 Exhibits B and C (site/grading plan) and subject to the conditions of approval in Exhibit E. Final approval becomes effective on June 15 , 1990 , unless appealed. (NOTE: TH-TS DOES NOT CONSTITUTE A GRADING OR BUILDING PERMIT. ) In the eventpea ou intend to a • Y 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: Cuesta Engineering Attachments : Exhibit A - Zoning Map Exhibit B - Site Plan • Exhibit C - Grading/Drainage -Pian Exhibit D - Findings for approval Exhibit E - Conditions of Approval • r r • • PIN MIPS �. law 'mom l/ateEEE , zz °wo 1� JIM io WE I Zak 7 COIN All aal ab J=�,-..�`1' ° MOW I off, �• Tb sow �� eHIBIT B CITY OF ATASCADERO SITE PLAN COMMUNITY DEVELOPMENT • DEPARTMENT PRECISE PLAN 21-90 . •Vicinity Map. Prefect fuwwuy; iD—Im. •- •��rrr.rrnrrrr• -.. .T=9 �.r !e rrw.�r.r 1� V RE .�. - ' IQ M - 1 I 814 Plan ' ..f n • t 1 w� SYcsmare Grvve • CHIBIT C CITY OF ATASCADERO GRADING/DRAINAGE PLAN COMMUNITY DEVELOPMENT PRECISE PLAN 21-90 DEPARTMENT '_ ww�.w_ff_•__•a•_w e�fw�. WCQ+7Ml:S.R•.'!7 �Y . fw ww_�ws•rw_fw_..w. `+ s.a`� sris« r :.i�Mi►r_�.�.ew_r•.w_sw� '�<sar r c•'R•^s"�..'w �� ( � aw..��w���swi.w_i�.iw fw__rsw� 74 i df 1 00 y'•M:. •• • wfwwM'•wNe_wwf_e•_•rwf�N_•1__ J / _ • °fnrw�w_�O�_f•�__fY ff� N,�•:•._.w.u•.�w ,r� l �� - -�_a+f rr.�.._wf•fe_.+.f_ �s styes.r •e ww / fr , � .w_.w.•w_�...rw•w r_... � �w.rsrn r.frr � / '' `/ � •Ilt(MTI.7VI- ��=r_r•s riwriviiwi � ews�sf r_w•ewe_r�w•�_fff f_,f,_ �•mss*•w_r.fww► I � t �_fe_ww•fr°w.f•�_�e�_�f �' j •. V _� j• fw wwrw�w_f ry�w__r_w 1 i • ` �a+►'� 1 °'1~ '..Y\^'.. •�/r....Ir�J re_w_w__�w Nwfw��..__ !: � �f__.fw•rw e__fwerw.w.w .fog r ;�=t .. '' 1'*��• t�- t � 1' ..r`S� ,�•y 1 G .� ffw• w. CWS:xp i • _ ° , �s �w�• i_�:+�•w..:rr. .—..• rf w••�r� wr LL•71Mw•� ��' t.y•• tom_ I ''`\-. I•bfrY�tiN Nit 7/ `� A•N.Y M.I .`r•:.�...w`w i` I . ii Ole s se w. r w - w C.W A V6L'WE-%4 • Exhibit D - Findings for Approval Precise Plan 21-90 • 6655 Tecorida Ave. (Borba/Cuesta Engineering) 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. • EXHIBIT E - Conditions of Approval • Precise Plan 21-90 6655 Tecorida Ave (Borba/Cuesta Engineering) CONDITIONS OF APPROVAL 1. All construction shall be in conformance with Exhibit C (Grading Plan, including tree protection) , 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. All required drainage work shall be constructed to City standards and completed prior to final building inspection. The grading and • drainage improvements shall require a written statement from the registered civil engineer that all- work has been completed in full compliance with the approved plans. 4 . Applicant shall obtain an encroachment permit from the City of Atascadero Public Works Department, including signing an agreement that the work will be done and inspections paid for. The construction of these improvements , as directed by the encroachment permit shall be completed prior to final building inspection. S. Road improvement plans prepared by a Registered Civil Engineer shall 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. Construction of Tecorida Ave. shall conform to the design of the road improvements being prepared in connection with the Payton project (6725 Tecorida Ave) . b. Curb, gutter, five foot sidewalk, and a minimum paved section of 20 feet for approximately 60 linear feet north from the southerly property line. • 1 J C. The end of the 20 feet wide road section shall be • barricaded with 4 inch diameter galvanized posts, removable with locking base and reflectors. At this point a standard handicapped ramp shall be installed. d. The paved road section shall become 16 feet wide with standard curb and gutter on the westerly side from the handicapped ramp north to match the existing improvements. This section shall be posted with a "Non-motorized Traffic Only" sign. e. Design shall include measures to save and preserve trees within the right-of-way as approved by the Community Development and Public Works Department. f. Construction of the public road improvements shall be completed prior to the final inspection. 6. All public improvements shall be covered with a 100% Performane Bond until substantial completion and by a 10% Maintenance Bond until one year after substantial completion. 7. A City standard fire hydrant shall be installed at the driveway entrance prior to the start of any combustible construction. 8 . This Precise Plan shall expire one year from the date of • final approval (June 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 • � f r MINUTES EXCERPT - PLANNING COMMISSION - SEPTEMBER 18 1990 • be modified for the applicant to enter into an a eement (similar to Condition #2-d of TPM 11-90 (previous iearing) , He added that a 3 month time limit would be ap Opriate in view of the limited improvements for this site Noel Shutt, applicant, commented that the ui is were designed and built as condominium units . In response to question from Commiss ' her hudlac, Mr. Shutt stated that the tenants have the first right option to Purchase the units . 8 : 15 p.m. - Commissioner Highl - id is now present. Commissioner Lochridge sta d he did not see this project as a "financing nightmare" a would like a firm committlllent that as developments occur ithin the City, public improvements will be installed as ie developments occur. Chairperson Luna echoed Commissioner Lochridge' s comments adding that till - site is located in a flood plain and part of the imprOvellle s would be drainage related. The City would be well-ser d to make sure that the project does go forth • with thos improvements in place._ MOTION• By Commissioner Johnson seconded by Commissioner Lochridge, and carried 5 : 1 to approve Tentative Parcel Map 12-90 subject to the Findings and Condi- tions of Approval contained in the staff report. The motion carried with Commissioner Highland abstaining. 3 . TENTATIVE PARCEL MAP 13-90 : Application filed by Bob Eorba (Cuesta Engineering) to subdivide one lot into four airspace condominiums and a common area. Subject site is located at 6655 Tecorida Avenue. Mr. Davidson presented the staff report on this matter adding that building permits are currently being processed. He noted that the project symbolizes the style of design that the City Policies now encourage and complies with the City' s architectural guidelines . Staff is recommending approval subject to 8 conditions . Commission questions followed. Eric Schmitz , representing the applicant, expressed agreement with the recommendation. MINUTES EXCERPT - PLANNING COMMISSION - SEPTEMBER 18, 1990 In response to question by Commissioner Johnson, Mr. Schmitz remarked that Tecorida will be improved and access will be provided between the Woodglen project and adjoining vacant lot prior to the completion of this project . Discussion followed. MOTION: By Commissioner Lochridge, seconded by Commissioner Kudlac and carried 6 : 0 to approve Tentative- Parcel Map 13-90 subject to the Findings and Conditions contained in the staff report. Chairperson Luna declared a recess at 8 : 30 p.m. . meeting reconvened at 8 : 40 p.m. 4 . CONDITIONAL USE PERMIT 4-90 : Application filed by Golden West Del Rio Center, Ltd. / Richard Shannon (s. Richard Mitsuoka) to establish a master plan for construction of a 5 , 780 square foot comillercial/industrial park. Subject site is lcoated at 2100 E1 Camino Real . Karl Schoettler presented the staff r port which focused on issues such as zoning standards, si s, trees, and location adjacent to the freeway. He referee d a letter received from the Air Pollution Control District rioting some conditions or requirements they would like t see incorporated in the project. He noted that staf will not incorporate the recommendations but would enco age the applicant to consider these points in their project. design. Mr. Schoettler then read the letter for the reco d. COitllllissioner Hanauer questioned why the APCD responded to this project noting this the first time in a year' s participation that he Ias seen a response from the agency. Mr . DeCamp noted the APCD has been notified of certain projects staff felt u y have an impact of the air quality. Discussion continu d. In response to inquiry, Mr. DeCamp responded that th APCD is not looking so much at the impact of the potentia individual tenants, but are looking at the impact of the i creased vehicle trips that would be generated by a project is size. Chairperson Luna referenced the "clean air plan" which is under pre ration for presentation in 1991 and asked if it could be oreseen that Conditions similar to those noted in the let r might become part of conditional use permits . Mr. Decamp remarked that as plans are developed for transit • syste' s for bikeways and for increased industrial and comm rcial development, that we would see an opportun ity for col itions of that type that might help with whatever m ' igation on the air quality problems . As the air pollution ans and the development increases in this area, it will be necessary to be a little more responsive in the future . • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-6 Through: Ray. Windsor, City Manager Meeting Date : 10/9/90 File Number: TPM 13-88 From: Henry Engen, Community Development Director SUBJECT: Time extension for Tentative Parcel Map 13-88 . RECOMMENDATION: Per the Planning Commission' s recommendation, approval of a time extension for TPM 13-88 to August 91 1991 . • BACKGROUND : - On August 9 , 1988, the City Council approved Tentative Parcel Map 13-88 based on the findings and conditions of approval contained in the staff report dated July 19, 1988 . On September 18 , 1990, the Planning Commission considered this matter on the consent calendar and on a 6 : 0 vote, recommended approval of a time extension to August 9 , 1991 . HE :ps Attachment: Staff Report dated September 18, 1990 cc : Jim Grinnell Cuesta Engineering Central Coast Engineering Enclosures : Staff Report - August 21 , 1990 Minutes Excerpt - August 21 , 1990 • Item. A-1 MEMORANDUM • TO: Planning Commission FROM: Doug Davidson, Senior Planner RE: Tentative Parcel Map 13-88 - 6375 Tecorida Ave. DATE: September 18, 1990 The above referenced Tentative Parcel Map was approved by the Planning Commission on July 19, 1988 and subsequently approved by the City Council on August 9, 1988 based on the Findings and Conditions of Approval in the attached staff report. The applicant has requested a continuance in order to gain additional time to meet all the conditions of approval. This is a relatively complex map, involving multiple frontages, maintenance agreements, and an approved Precise Plan. Precise_ Plan 20-88 is currently being reconsidered, as the access to the site from Alcantara Ave has been eliminated. This revision appears to maintain adequate site access, while substantially reducing the disturbance to the drainage channel along Alcantara • Ave. Substantial progress has been made toward satisfying the Conditions of Approval. The map should be extended to allow it to be completed in a timely manner. Under the City' s Subdivision Ordinance, a map may be extended for a maximum of one year. RECOMMENDATION: Staff recommends approval of a one year time extension for Tentative Parcel Map 13-88, extending the approval date to August 9, 1991. Attachments: Staff Report • EXH I B i T A -- STAFF REPORT JULY 19, 1988 CITY OF ATASCADERO • STAFF REPORT FOR: Planning Commission Meeting Date: July 19, 1988 BY: Joel Moses, Associate Planner File No: TPM 13-88 PP 20-88 SUBJECT: To subdivide three (3) existing parcels totaling 1. 42 acres into four (4) parcels containing 0. 32, 0. 34, 0. 52 and 0. 23 acres for commercial use. The construction of four commercial buildings of 3, 840, 4, 320, 3, 520, and 1, 800, square feet and totaling 13, 480 square feet is also proposed. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Jim Grinnell/Hempenius Family Trust 2. Representative. . . . . . . . . . . . . . .Cuesta Engineering 3. Project Address. . . . . . . . . . . . . . 6325 Tecorida Road 4. Legal Description. . . . . . . . . . . .Lots 21, 22, & 23, Blk. UA • (Atas. Col. ) 5. Site Area. . . . . . . . . . . . . . . . . . . . 1. 42 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .CR(FH) (Commercial Retail with a Flood Hazard Overlay) 7. General Plan Designation. . . . .Retail Commercial 8. Existing Use. . . . . . . . . . . . . . . . .Vacant 9. Environmental Status. . . . . . . . .Negative Declaration posted July 7, 1988 B. ANALYSIS: The applicant proposes to subdivide three (3) existing undeveloped parcel containing 1. 42 acres into four (4) parcels containing 0. 32, 0. 34, 0. 52 and 0. 23 acres. Parcel 1 will have direct access to Tecorida Road and may have access to Marchant by easement. Parcel 2 may have direct access to Alcantera and Marchant by easement. Parcels 3 & 4 will have access to Marchant by easement and direct individual frontage access to Tecorida and • 1 �{ V EXHIBIT B - TENTATIVE MAF CITY OF ATASCADERO 6325 Tecorida Tentative Map 13-88 • as�+nl COMMUNITY DEVELOPMENT Grinnell/questa DEPARTMENT a JfU.faf!^r.V/e � �� r...e. s. �✓^ra...w nr awwral�; 1 l`\ � . r 1 MWAT/V6 rARCGL Mb A7'0-0-7 I _ -•. _nie w�� -r r I \ .U(2 -. Ulf M r.CIw.4 U+vMY M LM � '`�T� �.�r..�1 ��.`�_- .. �• _ ) j f HS[M IIRI 111./!i!Fn•MY.�R.4 MMIRI'/M../ ��.�_���� M rNf lW/.n.i(wM Lie!Lt)��.rwI f.r rw� �"�•�� ����� �t+—}����1 ��� �I •..� w.n..r.0 n.....roanmw s.ww..wr w.rrr � AMTAPA - -amu:y..<—���-rr•� .r c.r..0 n r+K ae•r i nr rnnwrwce. - - / �- • Alcantera respectively. The site is located on what appears to be a corner lot, but the lot does not have direct access to Marchant. The applicant does not own a 20 '-0" strip of land along Marchant, the land is owned by 'Chevron USA. The pipeline company also has easement crossing the site, and the land is meant as a staging area for work on the pipeline. The subject property is located in the CR(FH) (Commercial Retail with a Flood Hazard Overlay) zone. The CR zone has no minimum lot size. In considering possible subdivision of commercial property provision needs to be made for access, adequate site and area for parking along with buildings. As shown on the proposed site plan, adequate provision is proposed for access and site development. The applicant then proposes to develop the individual parcels with commercial buildings. Buildings will range from 4,320 to 3, 840 square feet. The buildings proposed on Marchant are two stories. The complex will be an interrelated commercial complex, with common parking and driveways, along with a single architectural style. As proposed the lots can not be developed individually. Easements and parking agreements and architectural controls are needed as part of the approvals. • The applicant is proposing to phase the development. Parcels 1 & 2 are planned for development first. The two lots will contain two buildings totaling 8160 square feet with 33 parking stalls. Parcels 3 & 4 are planned for future development with two building containing 5, 320 square feet with 35 parking stalls. Specific uses are not known at present. With the interrelationship of the parcels frontage and internal circulation, phasing is going to require partial development of parcels 3 & 4 as a part of the first phase. With the development of drainage improvements along Alcantara Road street and access improvements for parcel 2 & 4 should be developed at the same time. With the development of Parcel 1 the improvement of Tecorida Road should be done all the way to Marchant. The central driveway provides access to the entire site and is needed with any development of the site. In looking at the site, the overriding concern in subdividing or development is the Flood Hazard Overlay zone development standards. The site is located at the lower end of the Amapoa/Tecorida drainage area. All waters from the area drain to this site and then under the freeway through Century Plaza to Atascadero Creek. The site, and possible improvements, have been reviewed with the applicant' s engineer by the City Engineer and found adequate. As shown on the site plan, the applicant proposes to culvert or gunite the open ditch to help the flow of • water through the site. 2 In designing the complex the applicant has proposed parking at a • ratio 298 square feet of building area per parking stall. In reviewing the specific parking demands, the following matrix shows the parking required. Building Parcel Building Size Need Shown Building A Parcel 1 3840 sq. ft. 13 14 Building B Parcel 2 4320 sq. ft. 14 16 Building C Parcel 3 3520 sq. ft. 12 22 Building D Parcel 4 1800 sq. ft. 6 12 13480 sq. ft. 45 64 The parking provided will meet the minimums of the Zoning Ordinance using general merchandizing as a standard (1 stall per 300 square feet) . This will allow the developer to provide off site parking for an adjoining use and allow more intense parking uses (restaurants) on the adjoining site. If such proposals occur, overall parking will need to be reviewed and agreements with all property owners if they are different. Signing has not been detailed at this time. Each parcel will be allowed up to 100 square feet of signing, broken down as provided by the zoning ordinance. Since the site is located adjoining the freeway some freeway signing may be allowed and additional signing requested at a later date. The buildings design has been reviewed for conformance with the • Design Review Guidelines. The buildings-will make use of an off white stucco. Wood trim will be brown and green, and the roof will be red tile. Other detailing of the site will include pedestrian amenities and details on the landscaping. Comments were received from several outside agencies. Our Fire Department indicates the need for two (2) fire hydrant to serve the site. Other fire code requirements will be reviewed at the time of building permit. The Building Division noted some concern about the drainage through the site, but Public Works has taken responsibility for reviewing the drainage problems. Specific Building Code requirements will be addressed at the time of building permits review. No problems are expected as long as the existing codes and standards are followed in the development of the parcels. The Southern California Gas Company has noted that the site can be served by an existing two (2) inch mains in Alcantera and Marchant Roads. If additional gas mains are installed, they will need to be within the Public Right-of-Way or within approved easements. The State Department of Transportation (CalTrans) has responded indicating no opposition to the project. However, it is anticipated that additional congestion will occur at the intersection of Marchant and Morro Road. The Atascadero Mutual Water Company has responded finding that a new eight (8) inch water main will be needed in Tecorida Road to serve Parcels 1 & 3. 3 C. RECOMMENDATION: • Staff recommends conditional approval of Precise Plan 20-88 and Tentative Parcel Map 13-88 based on the Findings in Exhibit E and Conditions of Approval in Exhibit F. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Map Exhibit C - Site Plan Exhibit D - Elevations Exhibit E - Findings for Approval Exhibit F - Conditions of Approval JM/jm • 4 � • i i AID ,.-"Islas its I PIP MAAll � ► EXHIBIT C - SITE PLAN CITY OF ATASCADERO 6325 Tecorida Road, Precise Plan 20-88 1070-7 • COMMUNITY DEVELOPMENT Grinnell/Cuesta DEPARTMENT ..a ��\��1 __ � - n<r [✓tee. 'sae Y�:.N/'+ Er - � �. ��{,•� Fes'+=� � Fr - !I � Pda!K/N6 -L�NN�•_L'J'L 1.CC - - •t fr•.r�sJ •rC04,'A!4 iV!. _ . _ �.. �liC ALAN •.' I Aa!JT<.l+11V L1N+-•C.A LSC •f urea rrr - ' ..n.. <a....< �"'<�_.' _ •••, / � CIIESTA ENGINEERIYG CITY OF ATASCADERO EXHIBIT D - ELEVATIONS 6325 Tecorida Road Prcise Plan COMMUNITY DEVELOPMENT Grinnell/Cuesta-88 ,�. DEPARTMENT 4 rt + I If + �h � -- � R •Ai t•': Rt 1 ,�� �r �•.,. a �' ti � �(` �.iL�'-3. C�9 1' 111 t i � ` •v fiF ,�l ami 1S-,.,yam UJlid vi� JI $ Y - moi-.+> M1• ]} 1 l:e l^ �... .. , y _} t - �H;:•,� .�..• —•gym.- - --. - :�� • EXHIBIT B - Findings for Approval Tentative Parcel Map 13-88 6325 Tecorida Road Grinnell/Hempenius Family Trust/Cuesta Eng. July 19, 1988 FINDINGS FOR TENTATIVE MAP 13-88 1. The creation of the proposed parcels conform to the Zoning Ordinance and the General Plan land use designation, densities and other policies. 2. The creation of these parcels, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat 6. The design of the subdivision, and the type of 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 complies with Section 66474. 6 of the State Subdivision Map Act as to the methods of handling and discharge of waste. • FINDINGS FOR PRECISE PLAN 20-88 • 1.The proposed project or use is consistent with the General Plan ; and 2.The proposed project or use satisfies all applicable provisions of the Zoning Ordinance ; and 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; and 4.That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and 5.That 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 volumes of the surrounding neighborhood that would result from the full development in accordance with the Land Use Element; and 6.That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council ; and 7.The proposed project is in compliance with the City of Atascadero' s Appearance Review Manual Guidelines. JM/jm • EXHIBIT F - Conditions of Approval Tentative Parcel Map 13-88 (AT 88-099) • Precise Plan 20-88 6325 Tecorida Road Grinnell/Hampenius Family Trust/Cuesta Eng. July 19, 1988 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 13-88 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall be extended to the property line frontage of each parcel or its public utilities easement. Additional an eight (8) inch water main shall be installed in the Tecorida public right-of-way 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. 3. All relocation and/or alteration of existing utilities shall be responsibility of the developer at his sole expense. 4. The newly formed lots shall be connected to the Public Sewer. All annexation permit fees shall be paid for the newly formed lots prior to the recording of the final map. Any sewer extensions for annexation must be completed within one year after • annexation. All current connection charges shall be due and payable prior to final building inspection. 5. Sewer improvement plans shall be submitted for review and approval by the Public Works Department prior to the recording of the final map. 6. Grading, and Drainage plans , prepared by a registered Civil Engineer shall be submitted for review and approval by, the Community Development and Public Works Departments prior to the issuance of any building permits. 7. All public Improvements on Alcantara and Tecorida shall be completed prior to the occupancy of any structure on any adjoining parcel. 8. Road improvement plans prepared by a Registered Civil Engineer shall be submitted to and approved by the Public Works, Community Development and Fire Departments prior to the issuance of building permit for construction of Tecorida, Alcantera, and Marchant Roads. These plans shall be designed to conform to plans approved by the Director of Public Works on file in the City Engineering Department for construction of Tecorida Road from the intersection with Marchant to the southern property line of Del Taco. The design shall include a minimum paved section of 0 16 '-0" plus from the southern boundary of Lot 6 Block VA to connection with improvements ending at the southern boundary of Del Taco property, or as modified by the City Engineer. City Standard P.C.C. , curb, gutter, five (5) foot sidewalk and drive • approach shall be constructed along the project frontages, or as modified by the City Engineer. The existing Sycamore Trees in the right-of-way shall remain and the design shall include measures necessary to save the trees. The construction of the road beyond the centerline may be necessary to save trees. The construction of road improvements shall be completed (or bonded for) prior to the final inspection. Upon approval of the Director of Public Works, the property owner may enter into a deferral agreement for the construction of these improvements 9. Tecorida Road shall be design and designated as a one way street, or a two way street, as determined by the City Engineer. 10. Obtain an encroachment permit from the City of Atascadero Public Works Department. Sign an Inspection Agreement and a Curb & Gutter Agreement, guaranteeing that the work will be done and the inspections paid for, prior to the issuance of a building permit, or start of public works construction, and construct improvements as directed by the encroachment permit prior to the final building inspection, or be constructed or bonded for prior to the recording of the final map. 11. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, guardrails, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the • Department of Public works standards and -the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modifications after construction. 12. Public Improvement plans prepared for the site shall be reviewed and approved by the Fire Department. The plans shall include two (2) standard fire hydrants, one on the Marchant frontage at the driveway access, and the other on the Alcantera frontage at the access driveway. The design and location shall be approved prior to the recording of the final map. 13. Drainage Facilities shall be constructed to City of Atascadero Standards, prior to the final building inspection, or be constructed or bonded for prior to the recording of the final map. 14. The Subdivider shall provide drainage easements and/or drainage releases from the points of concentration of stormwater leaving the project boundary through adjoining properties to the nearest natural watercourses as approved by the Public Works Department if applicable. • 15. All grading and erosion control measures shall be designed by a registered Civil Engineer and constructed in accordance with • the City of Atascadero grading codes and standards. Prior to the final building inspection, said engineer shall submit to the City written certification that grading is in conformance with said codes and standards, including all Flood Hazard Overlay Zone requirements and Amapoa/Tecorida Drainage Impact Area. 16. A Drainage Maintenance Agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed and a note to this effect shall be placed on the final map. 17. Offer of dedication to the City of Atascadero the following rights-of-way and / or easements: Street Name: Tecorida Limits: 20 ' -0" from centerline of right-of-way along entire frontage. Minimum Width: 40 ' -0" Right-of-Way Street Name: Alcantara Road Limits: 20 '-0" from centerline of right-of-way along entire frontage. Minimum Width: 40 '-0" Right-of-Way 18. Offer for dedication to the Public for Public Utility Easements 6 ' -0" in width adjacent to all Public Right-of-Ways. • 19. Offers of dedication shall be completed and recorded prior to or simultaneous to the recordation of the final map. 20. Prior to the issuance of a building permit, a soils investigation shall be submitted for each site, recommending corrective actions which will prevent structural damage to each structure proposed to be constructed in the area where soil problems exist, as indicated in the Preliminary Soils Report. The date of such reports, The name of the Engineer making the report, and the location where the reports are on file shall be noted on the final map. 21. The applicant shall establish Covenants, Conditions and Restrictions (CC&Rs) for the regulation of land use, control of nuisances, architectural control of all buildings, drainage facility maintenance, driveway and landscape maintenance. These CC&Rs shall be submitted for review and approval by the City Attorney and the Community Development Department prior to the recording of the final map. 22. Precise Plan : 20-88 shall be approved and in effect prior to the recording of the final map and all public improvement conditions shall be satisfied prior to the final building inspection for any building on any lot of the map. 1 23. 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 recording of the final map. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or Licensed Land Surveyor shall indicate, by certificate on the final map, that the corners have been set or will be set by a specific date and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. c. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 24. Approval of this tentative map shall expire two years from the date of final approvalg unless an extension of time is granted d pursuant to a written request prior to the expiration date. JM/jm • EXHIBIT F - Conditions of Approval (Cont. ) Tentative Parcel Map 13-88 Precise Plan 20-88 6325 Tecorida Road (Grinnell/Hampenius Family Trust/Cuesta Engineering) July 19, 1988 CONDITIONS OF APPROVAL FOR PRECISE PLAN 20-88 1. All construction shall be in conformance with Exhibit C (site plan) , Exhibit D (Elevations) and Exhibit F (Conditions of Approval) , and shall comply to all City codes and ordinances. Any modification to this approval requires approval by the Community Development Department prior to implementing any changes. 2. Complete landscape and irrigation plans shall be submitted to, and subsequently approved by, the Community Development Department prior to issuance of building permits (Section 9- 4. 124) . The submitted plans are generally complete. Please note the following items the plans: a. All areas including setbacks, parking lots, and unused areas shall be landscaped appropriately (Section 9- 4. 125 (a) . - 4. 125 (a) . b. Concrete curbing, or a functional equivalent, shall be • provided to enclose all required landscaping. C. Proposed landscaping shall be accompanied with a planting schedule which includes species, container sizes, number of plants or flats, and the space distribution of ground cover. d. Five (5) foot of landscaped area with six (6) foot fencing is required where parking areas abut adjacent property. 3. A trash enclosure shall be provided with appropriate details as per Section 9-4. 129. Trash facility shall be entirely screened from public view and be constructed with materials to match the building. 4. Plot plan for each building permit shall show all proposed utilities, including gas, electric, water, and sewer. All relocation and/or alteration of existing utilities shall be the responsibility of the developer at his sole expense. 5. Grading and drainage plans, prepared by a registered civil engineer, shall be submitted for review and approval to the Community Development and Public Works Department, prior to the issuance of any permits. All grading and drainage work is to be constructed to City standards and shall be • completed prior to final building inspection. Prior to the C final building inspection, the project engineer shall provide written certification that the drainage and grading is in compliance with these standards. 6. Tentative Parcel Map 13-88 shall be recorded, and all conditions complied with prior to the issuance of any building permit for a building on the site. 7. All roof-mounted or ground-mounted mechanical equipment shall be screened from public view. 8. If project is phased each phase shall be self supporting for parking and circulation. The central driveway shall be constructed with the first building on the site. 9. This precise plan is approved for a period of one year from the date of final approval (August 2, 1988) . JM/jm • • REPORT TO CITYCO UNCIL CITY OF ATASCADERO Agenda Item: A-7 Through: Ray Windsor; City Manager Meeting Date: 10%9/90 File No: TTM 3-90 From: Henry Enuen' Community Development Director SUBJECT: Acceptance of final Tract Map 3-90 at 7715!7745 Sinaloa Road (Bruce Jones/Cuesta Engineering) to create six parcels ranging in size from 3 , 206 square feet to 4 ;775 square feet fin conformance with Ordinance No. 198 - Zone Change 8-89 - Planned Development Overlay No. 7 ) . RECOMMENDATION: Acceptance of final Tract Map 3-90 as all conditions of approval I ave been met by the applicant. BACKGROUND : On May 22 , 1990, the City Council concurred with the Planning Commission' s recommendation to approve Tentative Tract Map 3-90 based on the findings and revised conditions of approval . HE :ps CC : Bruce Jones Cuesta Engineering • EXHIBIT A ;-.Oft . . . ` CITY C _ ATASCADER 0 ZONING MAP� , COMMUNITY DEVELOPMENT ZONE CHANGE 08-89 DEPARTMENT �- a \, - 41 i� R, r is R i-• +;?ti� i\ � ' i moi'" `, - /1 - - _-'+, ;I�- • - I i RM i'a �IR.S F ., rO�egj«. tt trff� (FHI1 Po n,� SITE L(FH)� :iY �e °°�•-iJ p oa ---AMORE " vrp r Y� JASCAO EAp � • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A_8 Through: Ray Windsor; City Manager Meeting Date: 10/9/90 File No: TTM 15-89 From: Henry Engen, Community Development Director SUBJECT: Acceptance of final Tract Map 15-89 at 5900 Baiada Avenue (David & Valerie Low/Cuesta Engineering) for an amendment to a previously approved condominium tract map to allow an addition to unit #1 . RECOMMENDATION: Acceptance of final Tract Map 15-89 as all conditions of approval have been met by the applicant. BACKGROUND : On September 12 , 1989 ; the City Council concurred with the Planning Commission' s recommendation to approve Tentative Tract Map 15-89 based on the findings and conditions of approval . HE :ps cc: David and Valerie Low Cuesta Engineering • EXHIBIT A - LOCATIO`d MAP ,,�.... . . ;;..y CITY OF ATASCADERO 5900 Bajada Ave. r '"�•r,! = �w �M—** Tentative Tract Man 19-88 COMMUNITY DEVELOPMENT -ow/Cuesta Engineering DEPARTMENT ti X /' FTR �! SITE: 5900 Bajada Ave . ``,% -rD 19-88 � i I a E � P -16 a I ra1 � IQ J �j L�T\�'��� Bhp � �l� ►J� b/ I, `u I��,/L'`r-CarvC05 -rte-^ I p 1 44 I J I ! i i I j • l� ' I f ^� • o / a�uwa i � ! I � i I a • It =-aoAD •�___, a n "� I'VE ; I i wE I � � 1 1 vEN�p � ,,p L(FH) , J Y 1 W O a09 a k �( qp Ny _ O • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda - Item: A-9 Through: Ray Windsor, City Manager Meeting Date : 10/9/90 File No: TPM 20-89 From: Henry Engen, Community Development Director p& SUBJECT: Acceptance of final Parcel Map 20-89 at 14205 Santa Ana Road, 9800, 9850 Garcero Road (Atascadero Highlands/Volbrecht Surveys) to sub- divide 17 . 19 acres into three lots containing approximately 5 . 7 acres each. RECOMMENDATION: Acceptance of final Parcel Map 20-89 as all conditions of approval Have been met by the applicant. • BACKGROUND : _ On June 12 , 1990 , the City Council concurred with the Planning Commissions recommendation to approve Tentative Parcel Map 20-89 based on the findings and conditions of approval . HE:ps cc : Atascadero Highlands Volbrecht Surveys • EXHIBIT A CITY Lr ATASCADERO ��=��.�� = � ' �.�.- • TPM 20-89 r� COMMUNITY DEVELOPMENT DEPARTMENT General Plan Map o � \\ I SITE j`� `°pOH► i� �� S !NG F MLy Vew \ 1ti \CyO4 90 O 1 \ n` CE CEAO 1 REPORT TO CITY COUNCIL Meeting Date: 10-9-90 CITY OF ATASCADERO Agenda Item: A-10 Through: Ray Windsor, City Manager From: Greg Luke, Director of Public Works SUBJECT• Establishment of a No Parking area along a portion of E1 Camino Real in front of the K-Mart plaza. RECOMMENDATION• Traffic Committee recommends that Council adopt Resolution No. 116-90 establishing a No Parking zone as stated above. BACKGROUND• The request is the result of citizen complaints, staff requests and the observations of the Traffic Committee. • DISCUSSION• There is a severe sight distance hazard for vehicles attempting to exit the K-Mart plaza onto E1 Camino Real. The curvature of the street combined with the on-street parking of vehicles prevents motorists from clearly seeing oncoming traffic. The hazard is increased with the frequent parking of vehicles for sale along this section of roadway. OPTIONS: 1) Approve Resolution No. 116-90 2) Deny Resolution No. 116-90 3) Return to Committee for review FISCAL IMPACT The cost of this modification is approximately $200 to be paid out of currently budgeted funds. • RESOLUTION NO. 116-90 • RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A NO PARKING ZONE ON EL CAMINO REAL ALONG THE ENTIRE FRONTAGE OF THE K-MART PROPERTY WHEREAS, Section 4-2 . 1101 et sequence of the Atascadero Municipal Code allows the City Traffic Engineer to designate No Parking areas, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Traffic Committee has studied the traffic problems at this location and has determined that establishing a No Parking zone along the E1 Camino Real frontage of the K-Mart Plaza would alleviate a hazardous traffic condition. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings as indicated above. On motion by ,and seconded by the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: • NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO LEE DAYKA, City Clerk ROBERT B. LILLEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ARTHER MONTANDON GREG LUKE City Attorney Director of Public Works City Engineer REPORT TO CITY COUNCIL Meeting Date: 10-9-90 CITY OF ATASCADERO Agenda Item: A-11 Through: Ray Windsor, City Manager From: Greg Luke, Director of Public Works (4- SUBJECT Establishment of Stop intersection. RECOMMENDATION The Traffic Committee recommends that Council adopt Resolution No. 115-90 establishing a stop intersection on Ardilla at the intersection of Balboa. BACKGROUND• This stop sign was requested by the Street Department Supervisor, Brian Sword. • DISCUSSION The stop sign requested will provide traffic control at a currently uncontrolled intersection. OPTIONS 1) Approve Resolution No. 115-90 2) Deny Resolution No. 115-90 3) Return to Traffic Committee for further consideration. FISCAL IMPACT The cost of this installation is estimated to be approximately $100.00 to be paid out of current fiscal year budgeted funds. • RESOLUTION NO. 115-90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION ON ARDILLA ROAD AT BALBOA ROAD WHEREAS, Section 4-2 .801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, , and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic committee has recommended that establishing a STOP intersection on Ardilla Avenue at the intersection with Balboa will improve a potentially hazardous traffic situation. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating STOP intersections at the locations listed above. On motion by and seconded by the foregoing Resolution is_ hereby adopted in its entirety on the following roll all vote: AYES: NOES: • ABSENT: ADOPTED: ATTEST: LEE DAYKA, City Clerk ROBERT B. LILLEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ARTHER MONTANDON GREG LUKE City Attorney Director of Public Works City Engineer REPORT TO CITY COUNCIL Meeting Date: 10-9-90 CITY OF ATASCADERO Agenda Item: A-12 THROUGH: Ray Windsor, City Manager FROM: Greg Luke, Director of Public Works SUBJECT• Establishment of a No Parking area along a portion of San Luis Avenue and Pueblo Avenue RECOMMENDATION• Traffic Committee recommends that Council adopt Resolution No. 117-90 establishing a No Parking area as stated above. BACKGROUND• The- request for this modification was made by Brian Sword, Street Department Supervisor. • DISCUSSION• Parked cars and delivery vehicles limit the sight distance when exiting a commercial driveway. OPTIONS• 1) Approve Resolution No. 117-90 2) Deny Resolution No. 117-90 3) Return to Committee for review. FISCAL IMPACT• The cost of this modification is approximately $300. 00 to be paid out of currently budgeted funds. RESOLUTION NO. 117-90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING NO PARKING ZONES ON SAN LUIS AVENUE AND PUEBLO AVENUE WHEREAS, Section 4-2. 1101 et sequence of the Atascadero Municipal Code allows the City Traffic Engineer to designate No Parking areas, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, The Traffic Committee has studied the traffic problems at this location and has determined that establishing a No Parking zone along a portion of San Luis Avenue and Pueblo Avenue would alleviate a hazardous traffic condition. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings as indicated above. On motion by and seconded by Councilman ,the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: LEE DAYKA,City Clerk ROBERT B. LILLEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ARTHER MONTANDON GREG LUKE City Attorney Director of Public Works City Engineer REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-13 Through : Ray Windsor , City Manager Meeting Date: 10,,19/90 From: Mark Joseph , Administrative Services Director/ SUBJECT: Authorization for Pavilion-Related Expenses RECOMMENDATION: Staff recommends Council authorize $12,000 in potential expenses related to the bid award for Phase I of the Pavilion. BACKGROUND: At a special Council meeting on September 1? , 1990, Council awarded a bid for Phase I of the new Pavilion, in the amount of $121 ,900. The staff report noted three additional expenditure=_ , but no formal action was taken. The City ' s elected Treasurer has expressed concern 0,. er- the lack of specific Council authorization, insofar as she acts as Trustee over the Construction Fund . The specific expenses are listed below: $4,000 - Soil testing and inspection 2,000 - Surveying *6,000 - Contingency (based on approximately 5 percent of construction ) 12 ,000 - Total *Contingency is for unknown expenses due to 'possible change orders during construction which must be authorized by the City Manager . It should be noted that even includinq these related expenses, the total is stall over $18.0007 less than the Architect ' s Estimate . • • REPORT TO CITY COUNCIL CITY OF ATASCADERO AGENDA ITEM: A-14 Through: Ray Windsor; City Manager Meeting Date: 10%9/90 From: Henry Engen, Community Development Director SUBJECT: Award of bid for Building Division utility vehicle. RECOMMENDATION: Staff recommends that Council award the bid to the lowest bidder, Rancho Grande Motors . BACKGROUND : The 1990/91 fiscal year budget authorized expenditures for a new vehicle for the Building Division. Bids were requested from automobile dealers throughout the County and five (5 ) dealers responded with proposals ranging from $16, 859 (Rancho Grande Motors) to $231684 . 50 ( Steward Oldsmobile) , as indicated in the attached Bid Summary. FISCAL IMPACT : The budget provides for up to $21 , 500 for a four-wheel drive vehicle. HE ps Attachment: Bid Summary BID SUMMARY TO: Steve Hicks, Building Official Community 'Development Department 1 FROM: Lee Dayka City Cler BID NO. 90-12 OPENED 9/25/90 10:00 A.M. PROJECT: Building Division Vehicle The following bids were received and opened as follows: Name of Contractor Vehicle Price Special Notes: Rancho Grand Motors Isuzu Trooper $16,859.00 Seats five 1404 Auto Park Way � No discounts San Luis Obispo , CA 93401 Ted Miles Jeep/Eagle Cherokee 90 18,099.50 Reflects $1 ,000 rebate 7380 El Camino Real Price good until Atascadero , CA 93422 9/30/90 - In stock Kimball Motor Co . Blazer 18, 196.26 Seats five P.O. Box 4010 No discounts San Luis Obispo , CA 93403 Net 10 days Pete Johnson Chevrolet Blazers 18,546.82 Seats five P.O. Box 607 No discounts Paso Robles, CA 93447 Steward Oldsmobile Bravada 23,684 .50 Seats five 901 W. Main Street No delivery charge Santa Maria, CA 93456 Attachments: Five Bids c : Finance • City of Atascadero Purchasing Agent 6504 Palma Avenue Atascadero , CA 93422 NOTICE OF BID AWARD Issue Date Bid No . Resolution No . You are hereby notified that the commodities_ and%or services listed have been awarded to you subject to the terms and conditions of the bid number shown and to the General Conditions of this Notice of Bid Award : V E N D 0 • R TEM QUANTITY UNIT DESCRIPTION PRICE Purchasing Department Sv: Vendor ' s Recresentative • Prone • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda items A-15 ----------- Through: Ray Windsor, City Managert e 10/9/901 Via: R. H. McHale, Chief of Pollfc Meeti rg D:.A Fromm William Watton, Police Lt. ......................... Bid Award 90-5, Police Computers By motion, authorize the purchase of computer equipment as listed in bid number 90-5, to Witco Computers of San Luis Obispo. The purchase of this equipment is in keening withi the previously adopted 1990-91 F. Y. budget which authorizes the acquisition of new computer hardware. The formal bidding process was conducted by the Finance Depart-- ment , with bids opened on B-25-90 at 1 : 00 PM. There were elevet i bids returned, ranging from a high of $19809. 00 to a low of $7006. 13. I have founo that of the eleven bids returned, Witco Computer is the lowest responsible bidder. 1 . Their bid exceeds the speccations set forth in the bid contract. 2. The technical support is superior to the low bidder., 3. Witco is one of the two largest computer companies in San Luis Obispo County. 4. Witco has worked with other police agencies in the past. Our police budget lists an item allocation of L-H217.. .1*-�1.!.E1-�"-1 '1: $10, 000. 00 for this computer equipment . As we are well within this allocation, no additional City funding will be required. For your consideration. . . WEW/mc-,.) BID SUMMARY TO: Blair Sims Police Department FROM: Lee Dayka City Clerk BID NO. 90-5 OPENED 8/29/90 1 :00 P.M. PROJECT: Computer System The following bids were received and opened as follows: Bidder 's Name & Address Price Quoted Discount if paid within 30 days Witco Computers $ 7,552. 25 0% 3563 "B" Sueldo San Luis Obispo , CA 93401 Honeysuckle Engineering 10,061 . 19 none indicated 170 Central Avenue • Pacific Grove, CA 93950 Coastal Computers 8, 144 .06 2'/. 3195 McMillan San Luis Obispo , CA 93401 IBM 15 ,783.44 O% 3820 State Street Santa Barbara, CA 95305 Comco Computers 11 , 303 .94 0.5% 7325-A E1 Camino Real Atascadero , CA 93422 Jablon Computers 19 ,809.00 2% 3500 E1 Camino Real Atascadero , CA 93422 Micro Business Systems ( 3 quotes ) 7,554.05 0'% 1275 W. Shaw Avenue 11029.00 Fresno , CA 93711 15,336 .00 Suntec Computers, Inc . 7,634 .06 2% 7383 E1 Camino Real Atascadero , CA 93422 LeBard ' s MicroAge 10,046 .24 419 S. Broadway Santa Maria , CA 93454 continued Bid No . 90-5, cont . Page 2 Bidder 's Name & Address Price Quoted Discount if paid within 30 days RadCom 7, 006. 13 0% 253 C Granada San Luis Obispo , CA 93401 Computerland of SLO Incomplete quote 1% 1422 Monterey Street San Luis Obispo , CA 93401 NOTE: I have attached each company ' s sales package for your careful reviev Of specific equipment and services included in their bids. In addition to the above, the following firms formally declined to bid : Impro Corporation Hartford Computer Incorp . Creative Computers Xerxes Comupters • Bell Atlantic These are all on file with the Clerk ' s Office, should you need to review them. Attachments: Eleven Proposals c : Cathy Sargent , Finance City of atascadero Purchasing Agent 6500 Palma Avenue Atascadero , CA 93422 NOTICE OF BID AWARD Issue Date Hid No . Resolution No . You are hereby notified that the commodities and%cr services listed have been awarded to you subject to the terms and conditions of the bid number shown and to zhe General Conditions of this Notice of Bid Award : V E N D 0 R • TEEM LUANTTTY UNIT DESC=iFTICN PRICE P+urchasing Department By _ Vendor ' s Representative hone i REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-1 Through: Ray Windsor; City Manager Meeting Date : 101/09/90 File No: CUP 09-89 TTM 21-89 ZC 15-89 From: Henry Engen, Community Development Director SUBJECT: Appeal by Ray Bunnell of Planning Commission denial of proposed conditional use permit, tentative tract map, and zone change at 8555 El Corte. Approval of these three (3 ) applications, as requested, would enable the creation of a seventy-seven (771 unit development on 21 acres on the site of the former Santa Lucia mush- room farm, together with off-site road and drainage improvements (continued from 9j25j90 City Council meeting) . PLANNING COMMISSION RECOMMENDATION: The Planning Commission, on August 7 , 1990, recommended denial on the zoning request relative to allowing development above the 960 foot contour plane on a 4 : 2 vote . At that sante hearing, the Corti- mission directed staff to brine back Findings for Denial for the conditional use permit and tentative tract limp, and these were approved on August 21 , 1990, on a 4 : 1 vote. Hence, should the Council choose to uphold the Planning Commission' s decision on this project, this could be done by: ( 1 ) denying the zoning change and ( 2 ) accepting the Findings for Denial in Exhibit "A" that were transmitted to the Planning Commission on August 21 , 1990 relative to the conditional use permit and the map findings . STAFF RECOMMENDATION : The staff recommendation is contained in the staff report to the Commission, dated August 7 , 1990 . Approval of the project as re- quested by the applicant would entail first reading of the draft ordinance contained in Exhibit "K" of that staff report, together with approval of Findings for Approval in Exhibit "L" relative to the conditional Use permit and the tentative tract map, together with Exhibit "M" containing the Conditions of Approval . ALTERNATIVE: The original concept sketch presented in support of the original rezoning of this property in 1986 called for severity-two ( 72 ) duplex units . For reasons outlined in the staff report, the applicant has come forward with severity-seven (771 individual single family units , which fall within the density allowed by the RMF-4 zoning (4 units per acre overall) but are still 5 units more than presented in support of the original rezoning. Should the Council be sympathetic to some form of project approval, but with modifications, Council could consider reducing the project size to 72 . As rioted in Mr. Bunnell ' s 'Letter of September 14 , 1990, he' s not adverse to this alternative, but would seek relief from some of the off-site road improvement requirements, i . e . , El Dorado and E1 Centro improvements North of La Linia (or reimburse Bunnell Development for the cost of those improvements at the time that Bunnell were to construct La Linia at their cost) . Should the City Council opt for this alternative, the draft zoning amendment (Exhibit "K" ) could be approved on first reading and staff could be directed to bring back atodified conditions of approval as deter- mined by City Council (Exhibits "L" and "M" ) . BACKGROUND: Enclosed herewith are the staff reports considered by the Planning Commission, together with the Minutes excerpts of their- delibera- tions on August 7th and 21st, 1990 . In addition, the original staff report leading to the general plan amendment and zone change in 1986 is enclosed which established the RMF-4 (PD) zoning over- lay. It may also be recalled, that the City Council considered strictly the rezoning request relative •to the 960 foot contour standard on February 13 , 1990 , (which had been recommended at that time on a 3 : 2 votel and the action of the Council at that time was to refer the matter back to the Planning Commission to be heard in the context of the conditional use permit and the tentative tract map, and with direction to consider a lesser density as a possibil- ity. Irl terms of procedures , the PD rezoning approved in 1986 estab- lished that a conditional use permit reflecting a master plan of development would be required prior to approving any other type of permits, including grading, building, or map. The applicant is seeking the creation of individual lots , and as a result he is asking for: ( 1 ) a change in the Zoning ordinance to allow struc- tures to exceed the 960 foot elevation plane, ( 21 a conditional use permit to provide for the master plan for development of the project, and (3 ) a tentative tract map to create severity-eight ( 78 ) lots, one of which would be an open-space lot . As indicated in the attached Minutes excerpts , the issues discussed by the Planning Commission included density, impact of off-site improvements , drainage.. the negative environmental declaration.. and whether to change the 960 foot contour elevation control language in the PD zoning. With regard to density, it was noted that the RMF-4 zoning established a maximum of 4-units to the acre. This number was selected to accommodate the concept proposed at the time of 72-units . A traffic study was undertaken as a condition of the i PD rezoning and highlighted the need for off-site improvements to E1 Corte, and thence to La Linia to Solano. City staff felt that completing E1 Centro would further enhance the number of choices for access routes to E1 Camino Real and balance traffic flow. Drainage plans will be required and will be responsive to both neighborhood and Chalk Mountain Golf Course concerns . Environmen- tal impact reports are required where the impacts of a proposed project are problematical and answers are needed to evaluate same . In this instance, the additional studies on traffic and drainage were felt to be adequate to provide the information heeded to mitigate environmental impacts . Further, the site had been scarred by prior development and the proposed residential project would serve to enhance the appearance of the property with respect to prior grading work. The proposed project is more sensitive to grading and tree removal concerns than the original concept plan. With respect to the 960 foot contour line, the majority of the Commission felt that the rooflines should not extend above the 960 foot contour level . The primary motivation for establishing the - 960 foot elevation was to define the proposed open-space easement. However, the way subsection ( f) of Ordinance #133 was worded would require an amendment to allow rooflines to extend beyond the plane established by the 960 contour. Staff would agree with the appli- cant' s Contention that the better esthetic result would be achieved 4 • by varying rooflines provided that they don' t obscure the hilltop. As a final note, concern was expressed by the Planning Commission on lack of public notice to individuals living off-site who would be affected by proposed road improvements on E1 Dorado and E1 Centro. These properties were given notice as part of the notifi- cation for public hearings before the City Council . HE :ph cc : Ray Bunnell Rob Strong Encls : September 14 , 1990 - Communication from Ray Bunnell regarding project redesign August 10, 1990 - Appeal Letter from Ray Bunnell August 21 , 1990 - Staff Report with Findings for Denial of Conditional Use Permit and Tentative Tract Map August 7 , 1990 - Staff Report to Planning Commission August 21, 1990 - Planning Commission Minutes Excerpts August 7 , 1990 - Planning Commission Minutes Excerpts May 27 , 1986 Staff Report to City Council May 27 , 1986 - City Council Minutes Excerpts • BunnELL September 14 , 1990 Henry Engen RECEIVED SEP 1 4 13SO City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Re: Chalk Mountain Village Dear Henry: As we discussed last week, we would be willing to reduce the number of units in Chalk Mountain Village from 77 to 72 units , if the City would be willing to either: 1 - Omit all offsite street improvements north of La Linia Street . El Dorado and E1 Centro improvements . or 2 - Reimburse Bunnell Development Corp . for the cost of those improvements to be constructed at the same time as La Linia at Bunnell ' s cost . • The E1 Centro extension was not originally anticipated to be a part of this project ' s offsite improvements . We have agreed to comply with these added requirements , but had hoped that the City would be willing to approve 77 units in order to help pay the added cost. Regardless of the number of units , we believe the zone text change which we have proposed is extremely important to produce a well designed, appealing finished project. The 960 ' elevation restriction, when interpreted vertically, automatically requires moving buildings closer together, more extensive grading with large slope cuts or high retaining walls , and dictates lining up roof tops at a fixed elevation. It is my belief that this was a hastily applied restriction that was not intended to limit vertical heights of homes but , rather, to define a boundry between the developed area and the open space area. When you take the original plan proposed by Poe and apply this restriction verti- cally then it becomes a more compact plan with even more exten- sive grading than we have previously demonstrated. • Bunnell Construction,Inc. 141 Suburban Road,A-5 � San Luis Obispo,CA 93401 - — 805/544-4300 FAX 805/541-3985 '�� September 14 , 1990 Page 2 If we were approaching the skyline , then a vertical restriction would be important . However, we are far below the skyline and have demonstrated that a variety of one and two story homes with varying height elevations can greatly improve the street- scapes as well as fit into the natural hillside landscape to create a more attractive finished product. Henry, we have put in temporary survey stakes at face of curb showing the alignment of the new street improvements so that the neighborhood can understand what is happening. Please call if you have any questions . Sincerely, RAY BUNNELL President BUNNELL DEVELOPMENT CORP. RB/gls • BunnELL August 10 , 1990 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Henry Engen City of Atascadero RECEIVE® 1990 6500 Palma Avenue Atascadero , CA 93422 Dear Mr. Engen: At the Tuesday, August 7 , 1990 , meeting of the City of Atascadero Planning Commission Bunnell Land Company requested a zone change . The Planning Commission voted not to approve Zone Change 15-89 . The Planning Commission requested Staff to return at the next meeting with findings for denial for Condi- tional Use Permit 09-89 and Tentative Tract Map 21-89 . Bunnell Land Company requests an appeal of the Zone Change be heard by the City Council . Since the Commission indicated the Conditional Use Permit and Tentative Tract Map are going to be denied, we would like to have the appeal held from the agenda until the appeal of all three items can be heard together . Sincerely, RAY BUNNELL President Bunnell Land Company RB/gls Check Enclosed Bunnell Construction,Inc. 4 141 Suburban Road,A-5 r' San Luis Obispo,CA 93401 ► !�(1 AUG �f i��JJ� 805/544-4300 FAX 805/541-3985 RECE;� - ��� ITEM : A-2 • MEMORANDUM TO: Planning Commission FROM: Karl Schoettler, Assistant Planner DATE: August 21, 1990 SUBJECT: Conditional Use Permit 09-89, Tentative Tract Map 21-89 (Bunnell/Rob Strong) At the Planning Commission meeting of August 7, 1990, staff was directed to bring back Findings for Denial of the above- referenced project. These findings relate to the project' s inability to meet Zoning Ordinance regulations concerning proposed structures extending vertically above the 960 foot elevation level at the project site. ATTACHMENTS: Findings for Denial Staff Report i EIMIBIT A - Findings for Denial Conditional Use Permit 09-89 • Tentative Tract Map 21-89 8555 E1 Corte Ave. Recommended by Planning Commission: August 21, 1990 CONDITIONAL USE PERMIT FINDINGS: 1. The proposed project does not satisfy all applicable provisions of the Zoning Ordinance. Evidence: The PD-6 overlay zone Section 9-3.650 (f) states: No portion of any structure, excepted as provided in Section 9-4. 113 of the Zoning Ordinance, shall be extended above the 960 foot contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minute series) . The project proposes buildings that will extend vertically above the 960 foot contour elevation. MAP FINDINGS: 1. The proposed map is not consistent with the applicable General or Specific Plan. • Evidence: The specific design plan for the project site consists of the PD-6 overlay zone. As mentioned previously, the overlay zone prohibits parts of structures from extending above the 960 foot elevation level. The project proposes buildings extending above the 960 foot elevation level. 2. The design and improvement of the proposed subdivision is not consistent with the applicable General or Specific Plan. Evidence: The tentative map designates building locations on the site. Some of the buildings are in violation of the specific plan standards for the site contained in the PD-6 overlay zone. • CITY OF ATASCADERO Item: B.�L STAFF REPORT • FOR: Planning Commission Meeting Date : August 7, 1990 BY: Karl Schoettler, Assistant Planner File No : CUP 09-89 SUBJECT: Three permits are being considered in this application. They include a request to subdivide six existing lots of approximately 21 acres into seventy-eight lots of various sizes, including one common lot, for establishment of a single family planned development . Also requested is an amendment to the text of the Zoning Ordinance to change two development standards of the PD-6 overlay zone. The request is to modify conditions pertaining to control of building height to maintain visibility of an open space easement . RECOMMENDATION: Staff recommends approval of Conditional Use Permit 09-89, Tentative Tract Map 21-89 and Zone Change 15-89, based on the • findings for approval in Exhibit L and the Conditions for approval in Exhibit M. BACKGROUND: A significant amount of background information and history must be covered to establish a foundation for consideration of this request . The property that is the subject of this application was rezoned in 1985 to the existing RMF-4 PD6 zone (Residential Multiple Family - 4 units per a-re/ Planned Development #6 Overlay Zone) . At the time of the application for zone and General Plan changes, the applicant (Bill Poe of the ACOMA Corporation) also presented a preliminary site plan for a 72 unit adult community planned development . The plan was similar in layout to the project currently proposed. Because of financial difficulties however, the original proposal was dropped and Ray Bunnell purchased the property. Bunnell has submitted his own design for a Conditional Use Permit and Tentative Tract Map which, in combination with the proposed zone text change, are being considered in this report . The zone text change is being requested to modify two conditions of the PD-6 overlay zone. In the preliminary check of the project it was determined that a significant (approximately 24) number of proposed units were in violation of Section 9-3 . 650 (f) of the PD-6 overlay zone, (prohibiting parts of structures extending • above the 960 foot contour level) . This condition was proposed -1- i by the original applicant . However, the preliminary submittal was conceptual but did show that a number of units would • penetrate the airspace above the 960 foot contour level . Bunnell Development is proposing that this condition be revised. The Planning Commission first heard the request to change the height limit stipulation on January 16, 1990 and approved the request . The application was then heard by the City Council on February 13, 1990 . After testimony and discussion, the Council directed the zone text change be reheard by the Planning Commission in the context of the entire project . Thus, all three planning permits (conditional use, tentative tract map, and zone text change) are covered in this report . General project information is first addressed, followed by information regarding the zone text change . However, the Commission must first vote on the zone text change. SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .Ray Bunnell, Bunnell Development Corp. 2 . Representative. . . . . . . . . . . . . . .Rob Strong 3 . Project Address . . . . . . . . . . . . . . 8555 E1 Corte Road 4 . General Plan Designation. . . . .Low Density Multiple Family • 5 . Zoning District . . . . . . . . . . . . . .RMF-4 (PD6) Residential Multiple Family-4 Units Per Acre/Planned Development #6 Overlay 6 . Site Area. . . . . . . . . . . . . . . . . . . .21 acres 7 . Existing Use. . . . . . . . . . . . . . . . .Abandoned mushroom farm 8 . Environmental Status . . . . . . . . .Negative Declaration posted July 17 1989 ANALYSIS: This application proposes a 77 unit single family residential development, to be known as "Chalk Mountain Village", on approximately twenty one acres, along the east side of E1 Corte Road. The site has historically been used as a mushroom growing operation with several slab-on-grade buildings, all but one of which, have been removed. Extensive grading has taken place on the lower areas of the site to accommodate the mushroom farm operation. Three homes existed on the site until their recent removal . Thus, the lower half of the site has been significantly • modified by human activity. In addition to modification of the -2- property through grading, large amounts of junk remaining from the mushroom farm and years of neglect following its closure are • strewn about . Seven floor plans are proposed in Chalk Mountain Village, including two, three, and four bedroom models . The homes are of a Mediterranean architectural style, including earthtone stucco facades and the roofs (see Exhibit E) . The various floor plans reflect the various topographical conditions on the site, with some homes designed for sloping areas while others are to be placed on flatter sites . Thus, the homes have been designed to fit onto their individual locations; wholesale terracing of the site is not proposed. Other features of the project include a centrally located recreation building, pool/spa, and a tennis court . Also planned is a hiking trail along the rear half of the site that will lead to an overlook at the top of the hill . Private covenants, conditions and restrictions (CC&R' s) have been drafted and presented as part of the application. The CC&R' s will regulate, among other things, architectural control, land use, and property rights and also contain provisions for site maintenance, including streets, drainage facilities, etc. An internal private road system, with a single entrance from E1 Corte Avenue (including a secondary emergency access toward the north frontage of the site) will provide access to the project . • The roads will be of varying widths ranging from 38 feet, thirty feet and twenty five feet . Additionally, the entry road will include a landscaped divider with two eighteen foot lanes . Road names have been proposed for the streets and are as follows : Map Reference Proposed Name Spanish Meaning "A Circle" Vaquero Circle Cowherd Circle "A" & "D" Streets Paseo De Caballo Horse Drive "B" Street Paseo De Vaca Cow Drive "C" Street La Espuella Court Spur Court "E" Street Reata Way Rope Way The project' s wide streets will provide for on-street parking, allowing the development to meet the multiple family zone parking requirements . Staff has determined that approximately 80 on- street parking spaces are provided, in addition to 21 parking lot spaces located near the recreation area. The applicant will be required to provide appropriate curb painting or signing to demarcate "No Parking" areas . In addition to the above-mentioned parking, each house is provided with two on-site parking spaces, • including garages . Therefore, a total of 255 spaces have been -3- provided. Staff, using multiple family parking standards, has calculated that a total of 227 spaces are required. Thus, provided parking exceeds City required standards . • PLANNED DEVELOPMENT STANDARDS The project is located within the RMF-4 (PD-6) zone . This zone allows for four units per acre . Unlike other multiple family zoning in Atascadero (RMF-10, RMF-16) , slopes and number of bedrooms per unit are not counted in the calculation of allowed site density. Thus, a straight 84 units are permitted on this site. As mentioned above, the site has also been designated with the PD-6 overlay zone (Exhibit G) . This zone establishes additional standards, and also allows for the modification of other, ordinary zoning standards . The General Plan provides for the establishment of the Planned Development zone in Land Use Policy #6 : Multi-family residential use areas shall have a minimum building site of one-half acre . Smaller lot sizes may be allowed in conjunction with planned residential developments, including planned mobile home developments and subdivisions, provided that the overall density within the project is consistent with other density standards contained herein. Proposing 77 units, this project meets the allowed density • standard (84 units allowed) in this zone . The Planned Development zone allows for the modification of certain development standards . Section 9-3 . 643 of the Atascadero Zoning Ordinance outlines the following uses of the PD zone : a. To modify setbacks; heights; parking and loading; landscaping, screening and fencing; signs; streets and frontage improvements; and, other development and special use standards set forth in Chapters 9-4 and 9-6; and b. to modify processing procedures set forth by the underlying zoning district (Chapter 9-3) ; and C . to establish other development standards or processing requirements; and d. to modify minimum lot sizes . This project proposes several modifications of development standards, primarily in lot sizes and setbacks . As mentioned above, the PD overlay zone allows an applicant to propose a modification of minimum lot size . The minimum lot size in the City' s multiple family zones are one half acre . Lot sizes in • Chalk Mountain Village range from 3, 283 to 9, 791 square feet, -4- f 1 with an average lot size of 5, 129 square feet . The applicant has also proposed use easements (see Exhibit H) to increase the useable lot area for each homeowner. As shown on the diagram, relatively unuseable areas on individual lots would be fenced to allow their use by the adjoining lot owner. This arrangement can create future administrative problems (enforcement, etc . ) . An alternative would be to move the proposed lot lines to run along the proposed easement lines . However, this incurs significant building code restrictions, including requirements for fire walls, parapets, etc. Front and rear setbacks are also proposed to be reduced. Standard residential setbacks in Atascadero call for a 25 foot front yard setback and a 10 foot rear yard setback. Two front yard setbacks are proposed: 17 feet and 13 feet . These setbacks reflect various garage alignments . The majority of rear yards meet the required ten foot setback, however, some homes along the two open space "greenbelts" have a five foot rear yard setback. Lots along E1 Corte Avenue are double frontage lots, that is, their front yard and rear yard both front along streets . The zoning ordinance requires that the rear yard of such lots be increased to 12 1/2 feet (one half the front yard setback) . Several of the lots have an 11 foot rear setback along El Corte . • Other development standards contained in the RMF zone also apply to this project . They include lot coverage, enclosed storage, outdoor recreation areas, screening walls and covered parking. The project meets these requirements as outlined below: Percent coverage: No more than 40% of the lot may be covered by structures . 130 of the combined parent parcels will be covered by buildings . Enclosed storage: 100 square feet per dwelling required. Required space is provided in garages . Outdoor recreation areas : 300 square feet per unit or common open space of a minimum of 1, 000 square feet required. Both of these requirements are met . Screening wall : Solid six foot wall required along property lines abutting land zoned for single family use . This is not required since the project abuts no single family zones . Covered parking: One covered parking space required per unit . Each unit is provided with a 2-car garage . • OFFSITE IMPROVEMENTS -5- The City of Atascadero is requiring extensive offsite road improvements to help mitigate increased traffic expected to be generated by the project . Exhibit I shows a diagram of the required improvements and specific requirements are listed in the Conditions of Approval (Exhibit M) . The City, as a condition of the PD-6 overlay zone, required the preparation of an engineered traffic study of the project and its potential traffic impacts . The study detailed expected impacts and proposed mitigation measures . The project site is somewhat hampered with respect to access since there is no access from the project site to destinations to the east . Therefore, traffic will primarily move west towards El Camino Real . The study states that the project has the potential to generate a total of 600-770 vehicle trips per weekday. As a comparison, the existing 400-unit Bordeaux House Apartments were projected to generate approximately 2, 800 vehicle trips per day. 40% of the trips generated will have north E1 Camino Real destinations, 20% will head west (primarily towards the Lucky' s Shopping Center) , and 40% will move through the street network towards south E1 Camino Real . Four streets provide primary access to E1 Camino Real, including Arcade Road, Cascada Road, Solano Road, and La Linia Avenue. Secondary access is provided by Pino Solo Avenue which leads to Principal, Montecito, and El Bordo Avenues, which in turn join E1 Camino Real, to the south. To help mitigate traffic impacts, a number of improvements are • being required by the city. The primary improvements consist of the following: 1 . Improvement of La Linia Avenue to 30 foot pavement width, including curb and gutter along the south side of the road from E1 Corte to E1 Dorado Road. The section of La Linia from El Dorado to Solano Avenue will also be widened to thirty feet of pavement with curb, gutter and sidewalk along the north side of the road. The sidewalk will tie into the existing sidewalk leading to the Lucky' s Shopping Center. 2 . E1 Corte Road will be widened to thirty feet of pavement along the project frontage with curb, gutter and sidewalk along the east side of the street (the sidewalk will be installed only on the south side of the project entrance) . 3 . El Centro Road will be extended through its present terminus to join the intersection of La Linia and E1 Dorado Roads . This intersection will be reconfigured to provide through access on E1 Centro Road, with La Linia and El Dorado Roads having stop sign intersections . This configuration is intended to more evenly distribute traffic in the local road network. 4 . Dedicated left turns will be installed (painted) on El • Camino Real to facilitate left turns from southbound El -6- Camino Real onto Arcade, Cascada, and La Linia Roads . This will restrict these portions of the center lane on E1 Camino Real to being used exclusively for southbound left turns . These improvements should work to lessen traffic impacts and improve safety in the vicinity. The bottom line concerning the traffic impacts related to this project, is that traffic will increase noticeably in the neighborhood, but it will not exceed the design capacit of the streets, provided the street improvements required by the city are completed. In addition to the previously mentioned street improvements, the existing open drainage ditches running primarily along La Linia Road will be undergrounded with piping. This will help to solve a long-standing problem concerning the open, stagnant water conditions that have existed here, not to mention the hazard to traffic the ditches present . The street/drainage improvements will require the developer to reconstruct driveway entrances for existing homes along the streets affected. Additionally, some mailboxes, utility poles, landscaping, water meters and ornamental driveway markers will have to be removed/relocated out of the street right of way. This includes eleven non-native trees (ten poplars/one pine) growing within the right of way. Another area of concern involves tree removal on the project • site . A number of trees are located on the site and the project will necessitate tree removal . A total of 48 trees are proposed to be removed. Seventeen of the trees are classified as native trees while 31 trees are non-native species . Some of the trees are counted as trunk clusters . Five heritage trees are proposed to be removed as part of the application. Removal of these trees must be approved by the City Council . Despite the number of trees proposed to be removed, the applicant has made a serious effort to design the site around the larger, healthier native trees of the site. Additionally, the tree cover on the hill, above the 960 foot elevation, will remain untouched. The applicant has also requested the abandonment of a portion of the La Linia Avenue right of way. Staff has conditioned that the road abandonment be completed prior to construction of units on the lots adjoining (and encompassing) the right of way and prior to occupancy of any units in the project . Staff has received preliminary approval from affected agencies, however, the road abandonment is a three step process and requires additional notification. Another important issue concerns impacts on City services . Staff has referred this application to affected City agencies and other entities and utilities for their review and comment, including Atascadero Mutual Water Company, Fire and Public Works Departments and others . The construction of 77 single family • homes can be anticipated to have cumulative impacts on city -7- services . However, impacts on these services can be absorbed adequately within existing capacities of the services and all • affected agencies have given approval of the project . All utilities, including sewer and water lines, exist at the site frontage. With respect to conditions required by other departments, the Fire Department is requiring installation of nine fire hydrants . Additionally, the dead-end access roads and turn-arounds have met the Fire Department' s requirements . ZONE TEXT AMENDMENT As mentioned previously, this application also proposes a modification to the text of the development standards of the PD-6 overlay zone. The Planning Commission previously approved this request, sending it to the City Council, who directed it back to the Planning Commission to be reheard along with the proposal for the entire project . Staff' s position regarding the proposed zone text change remains the same . The development standards of concern of the PD6 overlay zone are the following: Section 9-3 . 650 : (d) Building height shall be limited to thirty (30) feet (not to exceed two stories) . (e) An open space easement shall be provided for those areas above the 960 foot contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minute • series) . (f) No portion of any structure, excepted as provided in Section 9-4 . 113 of the Zoning Ordinance, shall be extended above the 960 foot contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minute series) The applicant has proposed that sections d and f be modified. Section e is included above because of its relevance to this request . The applicant has requested that these conditions be modified as follows : Section 9-3 . 650 (d) Building height shall be limited to thirty (30) feet (not to exceed two stories) , excepted as provided in Section 9-4 . 113 of the Zoning Ordinance . Section 9-3 . 650 (f) No portion of any structure' s foundation shall be above the 960 foot contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minute series) . -8- GENERAL PLAN: • The Open Space and Conservation element states on Page 75 in its listing of open space principles : Scenic and open space easements, parklands and open space dedications shall be obtained through the subdivision and development process including, but not limited to: creek reservation, wooded areas, floodplains, scenic and historic sites and other suitable sites . The Zoning Ordinance addresses building height more directly. Section 9-4 . 111 discusses the purposes of building height control : The purpose of the following Sections is to limit the height of structures as needed to : support public safety; protect access to natural light, ventilation, and direct sunlight; support the preservation of neighborhood character; and to preserve viewsheds and scenic vistas . The intent of the condition pertaining to buildings extending above the 960 foot level was to preserve views of the hill on the rear half of the project (see Exhibit J) . This hill will remain in open space with the imposition of Section 9-3 . 650 (e) (establishment of an open space easement above the 960 foot contour level) . • Another important point relating to this site concerns grading done for construction of the original mushroom farm. Several "benches" were formed on the lower portion of the site for the placement of large buildings . The resulting cuts, made into the chalky material, remain today much as they did when they were first cut . The applicant' s plan proposes to "hide" these unsightly cuts from view through the placement of units on the site . It is also important to consider that the applicant has demonstrated key differences between the current proposal and the original project with regard to grading and existing cuts on the hillside. Through a series of cross-section comparisons, the applicant has shown that the original project, as proposed, would have required significantly more grading and tree removal than the currently proposed project . Thus, the current project proposes to use, as much as possible, the existing topography and grading already done for the mushroom farm. Where units are proposed on slopes, split level construction will be used to minimize required grading. In sum, this project is more sensitive to the site than was the previous Poe plan. Staff feels that the text modifications requested by the applicant can be accommodated by simply eliminating Section 9- 3 . 650 (f) . This would still leave the sections that ensure retention of the 960 foot open space easement and restrict -9- building heights to thirty (30) feet and two stories . Staff believes that the requested change will not be detrimental • to the appearance of the site and in fact, can enhance its appearance by repairing and screening damage and scarring imposed by the original use . The current proposal has units positioned so as to hide the existing unsightly scars made by development of the abandoned mushroom farm operation. Importantly, the open space easement above the 960 foot level will remain, helping to preserve approximately 58% of the site in open space. CONCLUSIONS: Chalk Mountain Village represents, to a degree, a new form of development for Atascadero . The project proposes individual homes on "small" lots served by a private road system. This type of development is provided for by the General Plan and Zoning Ordinance . Staff believes that the modification to development standards requested by the applicant are justified and consistent with the "spirit" of the PD overlay zone and should be granted. Staff also believes that the request to modify the text of the PD-6 overlay zone concerning height limits will not result in adverse impacts . In conclusion, staff believes that the Chalk Mountain Village is in conformance with the General Plan and Zoning Ordinance. KCS/kcs ATTACHMENTS : Exhibit A - General Plan Map • Exhibit B - Zoning Map Exhibit C - Tentative Tract Map 21-89 Exhibit D - Grading Plan Exhibit E - Building Elevations Exhibit F - Applicant' s Statement Exhibit G - PD-6 Text Exhibit H - Use Easements Exhibit I - Off-Site Road Improvements Exhibit J - 960 Contour Map (3 Exhibits) Exhibit K - Draft Ordinance Exhibit L - Findings for Approval (CUP 09-89, TTM 21-89) Exhibit M - Conditions of Approval (CUP 09-89, TTM 21-89) • -10- � CITY OF ATASCADERO EXHIBIT A • COMMUNITY DEVELOPMENT ZCP 15 9-89 9 9/TTM 21-89 DEPARTMENT • GENERAL PLAN MAP N 1j , �, ��,��� 1 � l ; � � , • ���� ` tel. 49 400= snow foomm/ PUBLIC '14 R' )- .tNtIT SITE 8555 E1 Corte , MULTIFAMILY f � • RE-CREATION 'C o W, • •• r.%� • "CAM LTI• AMILfiY �`CO,� ``\`•,, � 0 `D 1of �. �� _ w�\'•�\ \ E�fSIT ' SI Ga rr Doq,o J .1ILYo MddLPTE •s •- COMf1�E�. di J -- E,a ° D �NS�TY`/ .�• •� �• W DENS' - • - ��is RET. s, SINGLE REC. C am °' Z Mil; J �':" • \' - J SIN FAMILY P, �wEAv COM. I rib.\ - ' - m• �I HIGH I D •RATE�.0EN! TY INDUS - 'S' �� DENSITY �• r PA-RK ._MULTI-7 j �N G L '�EA4, LY; FAMILY/// �i EJ- ( ' C MERCIA. it 1 F TAI ` � COM. •`'~ �• ..t ,ccs 9 .... n ) O CITY OF ATASCADERO EXHIBIT B COMMUNITY DEVELOPMENT ZC 09-89/TTM 21-89 15-89 DEPARTMENT ZONING MAP • w00NA \� f 90. 44 40i • SITE :,?,� 8555 E1 Corte 7V J 1 •a� ,/: � I + p' 4v y I _ � El*a RSF• (POT) �RSF x- EL N �• ,.I R' b7 F,,Y1 Com` •J.� 4t r s / f to- W CR orf , _ ��N�;, ;�E CT G T T ' / `''')T /� R c s C t yCAoEga 1 `J EXHIBIT C CITY OF ATASCADERO CUP 09-89/TTM 21-89 COMMUNITY DEVELOPMENT zC 15-89 DEPARTMENT TENTATIVE TRACT MAP Lu �f ♦� ul f• vA { f � w •�/ # It CITY OF ATASCADERO EXHIBIT D CUP 09-89/TTM 21-s 9 COMMUNITY DEVELOPMENT DEPARTMENT ZC 15-89 GRADING PLAN .�' ;� ;rte ,-�` �.> '.,�: � . •, .,v,_ � ` ` Wa i/jj —9`Q • `%i�� � '� �,•'�' �`. .J�, 1, `, ,� '_�� �'f' l 1 It LL ,'• ,� 1 - � / �\`'\\` � �. _ I� :� Ips �.���:►f:�� i i~ ;�. J I. Ld V /I I I j o •I "C• �W I '''=t` 11 j t O ~ ' • _ 1 � i i °e I a\•,� 1.,; �.r •',b .�',1-., ar{.�i1--+.�� j I .r-jel; 1 •� n ,,.:. y` I� .t •itil \'• ;; /. �:/ . t _ /`u'� � ," � !l��i�l=i+ill!{�! CITY OF ATASCADERO EXHIBIT E (a) COMMUNITY DEVELOPMENT CUP o9-89/TTM 21-89 ZC 15-89 DEPARTMENT ELEVATIONS ° i 1S3iwwuuaw [� / �^g' :Sir. c $' ei;;f� Jia >g s a` a 4. so n } i I Coqj ES Q ❑ "µ ti O ° GI �I i W Y> i WI I t WII 7=7 y F On l r � 0 C �I Q Elair V � rl u -`� ; V •Wo wo ou < a F �f u LIE] w;. dl W El `\ El El C II _I clll l , 4 wvo t2al o. �3aitE � - ;, �► I r ; J L L+ W t _ IL s fu 77 FF Eff - i ® Q �I SMWU Ilii a� n ® e0 qq �i o 11 "I C 0 ® Q' I e e L. C II el o II I vl $EB3 O r- D i C� ® Eld EEC 4-4 IL f f:1 y Yli J l; EmJ 5i �i � F 1 � U ��N Z o - II �I �I u i r - v -� Y y la t� dl J I � < ;� AL Em 3 I I' i- fl I Q =- hl LU ti ui -t� I _ t slumLj 1 OL O LIJ _� 0 01 I 6 } _ co 1 J � " C LLI CL 11 liei "e 1 r ...� tx G O m ` N V :s tG c0Gouj X C x x x x c ��— $ W F G.1 N N co V W W tL O W a t- r EXHIBIT F CUP09-89/TTM 21-89 ZC 15-89 Applicant' s Stateme July 12 , 1989 Planning Commission CITY OF ATASCADERO JUL I 6500 Palma Avenue Atascadero, California 93422 Re: Chalk Mountain Village Conditional Use Permit Precise Plan Approval Ladies and Gentlemen: The original preliminary plan submitted by the previous owner, Bill Poe, and approved by the City Council presented duplex units and appears to have alot of open space and trees between units . • In preparing the more precise plan we -have determined that the original preliminary plan would not work well for the following reasons : 1. It was a quick architectural depiction that was not drawn to accurate scale. When drawn to accurate scale the homes must be moved closer together in order to fit within the constraints of the 960 foot elevation E1 Corte Road and golf course property lines thus reducing the amount of open space between units as depicted by the original plan. 2. The owner at that time did not have an accurate topo and therefore the conceptual plan did not consider the true reality of the sloping topography of the site. Even though we could build the project as originally shown our analysis shows that the resulting cuts and fills and required retaining walls would be disasterous and a multilation of the site, creating huge white cut slopes and large fill slopes. • eunnE« consTRucTion,inc. a s 141 Suburban Road, San Luis Obispo, California 93401 8051544-4300 EXHIBIT F (cont. ) JULY 12, 1989 CITY OF ATASCADERO PLANNING COMMISSION Page Two 3. The grading and layout of streets and buildings destroys almost every significant tree on the site below 960 elevations as well as a number above that elevation. 4. The layout of the project does nothing to screen the existing huge cuts and in fact places the streets and traffic adjacent to those existing scars. 5. A portion of this original plan places homes past the 960 foot elevation. In proceeding with the precise plan we have made some changes in order to mitigate the negative impacts of the inherited original preliminary plan. While staying with the same basic configuration of the project we have changed the location of some streets and buildings in order to take better advantage of the existing topography with special • consideration given to saving the existing specimen Oak trees. The buildings have been designed as separate units with smaller footprints and multiple levels in order to fit the existing topography with minimal grading requirements. We have developed six different models and sizes to fit the varing terrain requirements. The buildings have also been designed at various angles to the streets in order to create better views , more interesting street scapes , and private areas. Each unit has an area of windowless wall which creates a privacy screen for the adjoining unit. At the same time each unit is opened up to take advantage of golf course, hillside, and open space views. The recreation area has been relocated to take advantage of one of the existing cut sites which also effectively acts as a screen for the existing hillside scar. We have also added a small recreation building and tennis court to this facility. The other existing hillside scar is being screened by a group of four homes. In addition to screening these existing scars we have created better views for these homes and the recreation area. • EXHIBIT F (cont. ) JULY 12, 1989 CITY OF ATASCADERO PLANNING COMMISSION Page Three In making these revisions we have added five additional homes but are still seven units below the density allowed by the zoning, and, our footprint site coverage is approximately 10,000 square feet less than the original preliminary plan as seen in the following comparison: PRELIMINARY PRECISE PLAN PLAN Number of units 72 77 Home footprint 129,102 SF 118,095 SF Street area 110,010 SF 110,275 SF Recreation area 18, 000 SF (approx) 18,000 SF (approx) The net result is an added 10,000 square feet of landscaped area within the developed zone. We have also added an exercise, nature, hiking trail through-out the complex and hillside open space. We believe the precise plan changes discussed herein greatly improve and enhance the quality of this development while staying within the guidelines and intent of the original preliminary plan approval. Therefore we respectfully request your approval so that we can proceed with construction drawings and final approval. Si&rn� r y, RAELL BDEVELOPMENT CORP. RB: cls Enclosure: Summary • EXHIBIT F (cont. ) SUMMARY • PRELIMINARY PRECISE PLAN PLAN 10, 000 SF. More Open Space Inaccurate open space All healthy specimen Tree Preservation None Oaks saved Minimal grading and retaining walls - Disasterous cuts , designed to fit fills , and retaining natural terrain and Grading walls existing conditions Good Mediterranean for hillside and flat sites. 1350-2000 SF Good Mediterranean detached units. Designed for flat sites. for angle placement 1200-1750 SF duplex privacy, views and Home Design units . decks . Pool, tennis court , rec building, BBQ area, hiking and exercise Recreation Pool and pond trail system. • EXHIBIT G < CUP 09-89/TTM 21-89/ZC 15-89- PD-6 89PD-6 Text (includes proposed modification) 9-3. 650. Establishment of Planned Development Overlay Zone No 6 • (PD6) . The Planned Development Overlay Zone No. 6 is established as shown on the official zoning maps (Section 9-1.102) . The following development standards are established: (a) Approval of a conditional use permit reflecting a master plan of development for a residential development and related uses shall be required prior to approving a grading permit, or tentative parcel or tract map. The master plan of development shall be applied for and processed as a conditional use permit (Section 9-2.109) . (b) In approving a master plan of development, the level of processing for subsequent projects or phases may be reduced to a plot plan provided that the master plan contains sufficient detail to support such a determination. (c) No subsequent plot plan, precise plan, conditional use permit, or tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development. Any amendment to a master plan of development, including conditions thereof, shall be accomplished as set forth in Subsection (a) of this Section. (d) Building height shall be limited to thirty (30) feet (not to exceed two stories) . (e) An open space easement shall be provided for those areas above the 960 foot contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minute series) . (f) No Portion of any atrnctsre7 eMeepted as preVided in Section 9-4:449 e£ the aefting 9•rdiaaaee; -shall be oxtaeded above the 969 foot contour i}ee as seewn em tke 1445 "aseaderev Ealiieraia 8666 e'dadraftgie Jis minute series}- (g) A master plan of development prepared pursuant to this Section shall include a traffic analysis and circulation study, including analysis of ingress and egress to the area originating/terminating at El Camino Real. (h) No development shall occur prior to the extension of sewer service to each lot, parcel, or building site proposed for development. (i) The developer or applicant for development entitlement • shall contribute a fair share of the cost of required off-site drainage, sewage, and circulation improvements NOTE: Dashed text to be deleted CITY OF ATASCADERO EXHIBIT H CUP 09-89/TTM 21-89 COMMUNITY DEVELOPMENT z C 15-89 DEPARTMENT • Z497 USE EASEMENTS or i LAWV 41W eSMr fac Loge 1 fc�L.or*2 4Aw s 7 CAL LOT EASEMEIV T5 No 6"Lo A.'' • L, CITY OF ATASCADERO EXHIBIT I COMMUNITY DEVELOPMENT CUP 09-89/TTM 21-89 ZC 15-89 DEPARTMENT OFF—SITE IMPROVEMF� �• I �� �. . _._,\ N�q Q)P• �� sem_� ',;��`+. v� ��;, r � F��'�, 44 oh 44 h t L7 ' � J F) r Q N CITY OF ATASCADERO EXHIBIT J COMMUNITY DEVELOPMENT CUP 09-89/TTM 21-89 zc 15-89 DEPARTMENT 960 ' CONTOUR MAP Ljj .r ,tom` - (+ a j z CL <Z 0 LIJ CL 14 \ I `� 4 / ,;I•i 1 , `LS r j^�,��\•�-i� ��i�l EXHIBIT K ZC 15-89 DRAFT ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT OF THE PD6 OVERLAY ZONE RELATIVE TO PROPOSED BUILDINGS EXTENDING ABOVE A SPECIFIC ELEVATION (ZC 15-89: City of Atascadero) 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, thero osed amendments will not h P p 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 August 7, 1990 and has recommended approval of Zone Change 15-89. - NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is consistent with the General Plan Land Use element and other elements contained in the General Plan. 2. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Text Change. Subsection (f) of Section 9-6. 650 of the Zoning Ordinance text for the Establishment of Planned Development Overlay Zone No. 6 (PD6) shall be deleted from the Zoning Ordinance. 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 RAY WINDSOR, City Manager APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director EXHIBIT L - Findings for Approval Conditional Use Permit 09-89 Tentative Tract Map 27-89 8555 E1 Corte Road ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment . The Negative Declaration prepared for the project is adequate . CONDITIONAL USE PERMIT FINDINGS: 1 . The proposed project or use is consistent with the General Plan. 2 . The proposed project or use satisfies all applicable provisions of this Title. 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 riot 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 . MAP FINDINGS: 1 . The proposed map is consistent with the applicable General or Specific Plan. 2 The design and/or improvement 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, 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 improvements, will not conflict with easements acquired by the public at large for access through or 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 public health problems . • EXHIBIT M - Conditions of Approval • Conditional Use Permit 09-89 Tentative Tract Map 21-89 8555 E1 Corte Road (Bunnell) August 7, 1990 CONDITIONS OF APPROVAL: UTILITIES 1 . Water shall be obtained from the Atascadero Mutual Water Company. Water service laterals shall be installed to the property line frontage of each parcel prior to final inspection of any unit in this development . 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. 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 prior to the recording of the final map. Any sewer extensions for annexation must be completed within one year after annexation. 5 . Sewer main extension plans shall be submitted for review and approval by the Public Works Department prior to the start of construction. 6 . All utility services to each lot shall be installed in conjunction with onsite road improvements . This shall include, but not be limited to, cable television, power, telephone, gas, water and sewer. GRADING 7 . Grading, and Drainage plans , prepared by a registered Civil Engineer shall be submitted 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 . • ROAD I-WROVEMENTS 8 . Obtain an encroachment permit from the City of Atascadero Public Works Department . Sign an Inspection Agreement guaranteeing that the work will be done and the inspections paid for prior to the start of public works construction. Construct improvements as directed by the encroachment permit prior to the occupancy of any building. 9 . A road maintenance agreement for the interior streets, in a form acceptable to the City Attorney, shall be included in the C.C. & R. ' s . 10 . The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, guardrails, barricades, and other similar devices where required by the Director of Public Works . Signs shall be in conformance with the Department of Public Works standards and the current State of California uniform sign chart . Installation of traffic devices shall be subject to review and modifications after construction. 11 . 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 . Plans shall include, but are not limited to : • E1 Corte Road a. Reconstruct E1 Corte Road along entire project frontage. b. Provide traveled way width of 30 feet from face of curb to face of curb or to edge of pavement . C . Install a concrete curb and gutter from the northern end of the project frontage to the northern side of the proposed entrance driveway. Extend the concrete curb and gutter across the driveway entrance . Install concrete curb and gutter with a five foot wide sidewalk from the entrance driveway to La Linia. d. Acquire additional right of way and dedicate to the City of Atascadero to the inside of the curve at the intersection of El Corte Road and La Linia Road to provide a minimum 30 foot radius at the face of curb and a 25 foot radius at the future back of sidewalk in addition to room for drainage facilities that may be required. e . Install drainage culverts to convey runoff from the • northwest side of the El Corte-La Linia intersection to the creek at the southeast side . Provide a permanent outfall structure or headwall for the storm drain system that will be extended west on La Linia. La Linia Road f. Reconstruct La Linia Road from E1 Corte through the intersection with El Centro and E1 Dorado . Overlay La Linia from the intersection with E1 Centro and E1 Dorado to Solano Road. g. Provide a traveled way width of 30 feet from face of curb to face of curb or to edge of pavement . h. Install a concrete curb and gutter and a five foot wide sidewalk from E1 Corte to join the sidewalk at Solano Road. Abandon and remove the concrete cross drain structure across La Linia at Solano Road. i . Construct storm drain improvements and appurtenances from the intersection of La Linia and E1 Centro to a discharge point at La Linia and El Corte . Fill and abandon the existing roadside ditches along La Linia. El Centro j . Extend E1 Centro to the intersection of El Dorado and La Linia. - S k. Extend a concrete curb and gutter and a five foot wide sidewalk along the southern side of this newly constructed road. 1 . Improve the intersection of E1 Dorado, La Linia, and E1 Centro to make the through road from E1 Centro to the eastern end of La Linia. Install stop bars and signs at El Dorado and the western approach of La Linia. M. Construct storm drain improvements and appurtenances along E1 Centro west to the end of the new construction. El Camino Real n. Install dedicated left turn lanes along El Camino Real at La Linia, Cascada and Arcade . 12 . Construction of all offsite road improvements shall be completed or bonded for prior to the recording of the final map. The property shall not be occupied prior to the completion of the onsite and offsite road improvements . • 13 . All public improvements shall be covered with a 150% • Performance Bond until construction is substantially complete and by a 10% Maintenance Bond until 1 year after substantial completion. 14 . All interior streets shall remain private and shall not become a part of the city maintained street system. Maintenance shall be the responsibility of the Homeowner' s Association and shall be addressed in the C.C. & R. ' s . ACCESS 15 . There shall be no direct vehicle access to E1 Corte Road except at the approved entrance location and the emergency access as shown on the preliminary plans . Relinquishment of access rights shall be delineated on the final map and shall be acknowledged by certificate. DRAINAGE 16 . Drainage Facilities shall be constructed prior to occupancy. 17 . All lot grading, drainage and public improvements shall require written statement by a registered Civil Engineer • that all work has been completed and is in full compliance with the approved plans . 18 . A Drainage Maintenance Agreement, in a form acceptable to the City Attorney, shall be included in the C.C. & R. ' s . DEDICATIONS 19 . Offers of dedication to the City of Atascadero for the following rights-of-way and/or easements are required: Street Name : Intersection of E1 Corte and La Linea Limits : As outlined in Condition No . 11-d 20 . Offer for dedication to the Public for Public Utility Easements the following: a. A 6' -0" PUE along the perimeter of all streets . 21 . Offers of dedication shall be completed and recorded prior to or simultaneous with the recordation of the final map. SOILS REPORT • 22 . Prior to the recording of the final map, a soils be submitted, recommending corrective actions which will prevent structural damage to each structure proposed to be constructed in the area where so'il problems exist, as indicated in the Preliminary Soils Report. The date of such • reports, the name of the Engineer making the report, and the location where the reports are on file shall be noted on the final map. MISCELLANEOUS 23. Nine fire hydrants shall be installed at locations shown on the tentative tract map, prior to recordation of the final map. 24. Floor Plan "C" shall be modified to conform to Section 9- 3. 650 (d) of the Atascadero Zoning Ordinance. 25. Complete landscaping plans shall be submitted and approved by the Community Development Department prior to issuance of building permits. Landscaping shall incorporate native and drought resistant species. 26. The proposed land use easements shall be included in the private Covenants, Conditions and restrictions. 27. The driveway serving lots 59 and 60 shall be listed as an access easement on the final map. 28. Abandonment of La Linia Road shall be completed prior to • construction on lots 17-32 and before occupancy of any units on the project site. 29. Areas above the 960 ' contour elevation as shown on the tentative map shall be designated as an open space and scenic easement. A note to this effect shall appear on the final map. A pedestrian foot path as shown on the Master Development Plan may be constructed within the open space and scenic easement. 30. Recreation facilities as shown on the tentative map shall be completed no later than at that time that fifty percent of the dwelling units are complete. STANDARD CONDITION FOR RECORDING 31. 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 recording 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 Surveyors 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. 32. 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. • • 2 . CONDITIONAL USE PERMIT 09-89 , TENTATIVE TRACT MAP 21-89 , AND ZONE CHANGE 15-89: Application filed by Ray Bunnell to subdivide six ( 6 ) existing lots of 21 acres into 78 lots for single family homes, including one common lot, and to revise standards of the PD-6 overlay zone relating to the elevation at which structures can be built on the project site. Site is located at 8555 El Corte. Karl Schoettler presented the staff report for the proposed "Chalk Mountain Village" project and provided background concerning the history of the property' s rezoning to RMF-4 (PD6) . Mr. Schoettler referenced a letter received late in the afternoon from the County' s General Services Department expressing concern on some issues concerning the Chalk Mountain Golf Course which is adjacent to this site. Commission questions and discussion followed concerning the difference between this proposal and the previous conceptual plan which proposed a 72 unit adult community planned development. Commissioner Luna discussed his recollections from the Council meeting concerning the Zone Change noting it was his • understanding that Council had directed an overall change in the project with regard to density. Mr. Decamp said that the way it was received from the Council was that the Council wanted the Planning Commission to look at the entire project before making a decision on one element (change in 960 ft . contour) but it was not staff' s understanding that this was a complete new zone change and planned development overlay zone. Mr. Decamp added that he believes the applicant is still working within the confines of the PD6 zone that was adopted for the project. He also pointed out that the Bill Poe plan was conceptual and was never adopted as a site or master plan for the project as is done with planned developments today (adopting a specific site plan) . Commissioner Brasher asked why the project has a Negative Declration. instead of an EIR for a project of this size. Mr. Decamp explained that environmental review was done on the earlier project and the primary determination at that time was that there was such significant disturbance on the site already that what was being proposed was not going to have an additional significant adverse impact on the environment. With the new concept, the project was again looked at to determine if there would be a significant impact as defined by CEQA. Staff could not identify any area that would require • generation of an EIR. Mr. Decamp further stated that through the drainage studies , road improvement plans, and traffic studies , that the major environmental concerns had been addressed. ti -16- In response to question from Commission Brasher concerning the County' s concerns Mr. Sims explained that the golf course is irrigated with reclaimed waste water from the Atascadero treatment plant and that the county is responsible for confining their discharge to their property. A drainage plan will be required and the County' s concerns will then be better addressed. In response to question, Mr. Sims explained that the proposed private roads would be classified as internal roads through the new road review policy. Such roads are governed by CC&Rs or a homeowners association or private management. Chairperson Lochridge stated it is difficult for him to understand the negative declaration when there will be extensive off-site improvements, private road system, existing Heavy drainage problems , road improvements, increased traffic, extra small lot sizes, etc . Mr. Decamp explained that the significant portion of the on- site concern was the ground disturbance. The other concern generated by this project was the traffic impact that is going to be generated between this site and ECR. Staff feels those • questions and concerns have been-adequately answered by the traffic study and the proposed road improvements to accommodate the anticipated traffic. He further stated that EIRs are prepared when there are questions that there are no ready answers to. In this case, there is existing information that is adequate to answer the questions . MOTION: By Commissioner Highland, seconded by Commissioner Luna and carried 6 : 0 to extend the meeting past 11 :00 p.m. In response to inquiry by Commissioner Waage, Mr. Decamp pointed out that when the PD6 zoning was approved in 1985 , a specific site plan was not adopted. Discussion followed relative to the proposed site plan being one of the options that could be approved for the lot layout. - Public comment Ray Bunnell, applicant, introduced the design team for the project which ' Rob Strong, Steve Pults, Fred Schott, and Jerry Rek He added he selected these individuals because of the outstanding performance and abilities they have previously shown. • Rob Strong, project planning consultant, complimented staff on a concise staff report which accurately addressed the issues and the complex nature of this project. He showed a slide presentation which addressed the differences between -11- this proposal and the prior conceptual site plan relative to: zero lot line concept, minimized grading, variation of height, etc. Steve Pults, project architect, spoke on the exterior character for the units adding the goal has been to create something far more suitable for the site than the project that was developed before. Mr. Strong then responded to questions from the Commission concerning use easements, setback requirements, etc . Chairperson Lochridge inquired whether there was a significance of the increase from 72 units to 77 . Mr. Strong replied that the applicant is striving to establish a design and density, below the maximum, that is consistent with the development standards and with the constraints and opportunities of the site. By changing from the duplexes and stepping the units to fit the terrain, it is more desireable Mr. Bunnell added that the addition of the five units helps defray the costs for the extensive off-site improvements. As well , a considerable amount of recreation area within the site has been added which is also an economic factor. Commissioner Luna asked Mr. Bunnell what his perception was Of the Council' s direction in sending this matter back to staff and the Planning Commission. Mr. Bunnell explained that when the Council heard the zone change involving the 960 foot contour line only, much discussion and questions were generated concerning the whole project . Rudy Duran, concessionaire of the Chalk Mountain Golf Course, expressed concern with possible impacts of drainage from the project to the golf course. He explained that Title 22 mandates a 200 foot setback from residential property when using reclaimed water for irrigation adding that some expense would be incurred to monitor or discontinue irrigation if the property is developed with homes . Sharon Clark, 5440 Santa Fe Road, stated there would be over 200 vehicles generated from the project adding that the plans look a lot like Los Angeles . She indicated her feeling that the site should be developed with one unit per each half acre, and disagreed with the environmental determination. Lynn Bebeau, area resident, spoke in support of the project adding that there is a need in the community for this type of housing for people who do not need larger parcels . -12- t Janet Fillmore, 8830 E1 Centro Road, expressed concern that her property may be impacted with the off-site road improve- ments adding that her front yard and trees have been marked with paint, but she has not been informed as to what will be taking place. Commissioner Highland commented that perhaps a portion of Mrs . Fillmore' s property is in the road right-of-way. Jay Peterson, 8519 E1 Dorado, stated he was speaking on behalf of his family and some neighbors who reside on E1 Dorado. He voiced concern that although he and the others in the neighborhood live outside of the 300 foot radius for noticing purposes, and did not receive any notice, they will also be impacted by this project with regard to increased traffic safety for children who play in the neighborhood, etc . Wildlife will also be affected. Mr. Peterson further stated that the site's 21 acres should be developed with 42 homes ( 1 per 1/2 acre) which would be consistent with the rest of the area. Tim McCutcheon, Templeton resident, commended Mr. Bunnell on his "Cherry Meadows" development adjacent to Mr. McCutcheon ' s • property and supported his work. He added that this type of housing is needed for older residents and people who cannot afford large lots . Janet Fillmore indicated that she was under the impression that E1 Centro Road is not City-maintained. Mr. Sims stated that the small portion at the and of E1 Centro is a paper street but is a public access . Mr. Decamp pointed out that the proposed improvements would all occur within the public right-of-way and no additional right-of-way would be taken away from any of the adjoining property owners . Discussion followed. Sharon Clark said she also did not receive a notice and was only informed about the meeting at 5 :00 p.m. if more people in the neighborhood were aware of this hearing, there would undoubtedly have been a larger turnout. Fred Fillmore expressed concern that if drainage improvements are not extended to La Linia, there will be a lot of problems with the water run-off. Fred Schott, project engineer, talked about the off-site improvements which include road widening, installation of sidewalks as well as an extensive drainage system which • includes pipes up to four feet in diameter which will adequately handle all of the drainage deficiencies . - End of public testimony -13- , Chairperson Lochridge noted that the neighbors have valid concerns and will be impacted by this project. He added it is absurd that most of the neighborhood that will directly impacted did not receive any type of notice. Commissioner Waage said he was disturbed that the people who will be affected by the off-site improvements did not get any notice. Chairperson Lochridge stated that in light of the various impacts to the neighborhood, he could not understand why a negative declaration was prepared. Commissioner Brasher added she was not satisfied with the Negative Declaration call and felt that an EIR should be prepared. Commissioner Waage stated that the City bought into a bad project in 1985 and he did not feel the situation was any better by constructing 77 single family homes . He added that high density housing behind lower density housing is absurd. Commissioner Highland remarked that if the Commission' s consensus is for lower density on this site, then a rezoning S needs to be initiated. if an appl_ieant is developing per the planned overlay, it is not fair to tell that person that they cannot do the types of things that planned overlays are designed for. Commissioner Luna took issue with Commissioner Highland' s remarks stating that he recalled that when the zone change was considered by the Commission in January of this year, it passed 3 : 2 and at the Council hearing, the majority was ready to deny the project when the applicant asked for a continuance. He recalled that 3 of the Council members asked that the density be reduced; that lower density was the main issue. He asked that the hearing be continued so he can check the facts to see who' s right and in addition, will give neighbors opportunity to decide how to deal with this . MOTION: By Commissioner Luna to continue the hearing on this project. Discussion followed concerning the Permit streamlining Act time Constraints and flow the tentative tract map would be affected by it. Chairperson Lochridge reiterated his concern that a Negative Declaration may be inadequate for this project. Discussion continued. • Chairperson Lochridge voiced his feelings that new information has come forth through public testimony which has raised new concerns that need to be addressed. -14- Mr. DeCamp stated that if the Commission feels comfortable with modifying the design and eliminating units, that is within their perogative since a master plan of development is being reviewed. There was continued discussion pertaining to the density issues . Mr. DeCamp emphasized that the density has already been established by zoning and that no site plan was adopted with the original planned development. A graphic was presented and every one seemed to buy into it. Commissioner Lopez-Balbontin said he does not feel comfortable with redesigning the project. His concern is that if the density is reduced, and looking at all the demands for public improvements, will this be a viable project. Mr. DeCamp explained that at the time the zoning took place for this site, it was anticipated that the entire neighborhood would be rezoned to 1/4 acre minimum lot size. He went on to say that there are two other developments (Lindsey and Peterson) who have proceeded to subdivide at the 1/2 acre minimum lot size. At the time, it was intended that the three • developers ( including Poe) would pay the majority of the road and drainage improvements for the-entire area. However, Mr. Lindsey' s and Mr. Peterson' s contribution to the other improvements in the area has been reduced to the point that they are providing frontage improvements only. 100% of the improvement costs must be borne by the developer of the RMF/4 property. In response to question by Commissioner Luna, Mr. DeCamp replied that this is the first master plan submittal for development of the site in conformance with the PD6 overlay. He explained the intent of the conditions contained in this overlay. Discussion continued. Commissioner Waage stated he would like to see the 960 foot contour line remain the control for building height. Chairperson Lochridge explained that the areas he is concerned with deal with the testimony from people relative to the El Dorado, E1 Centro and La Linia area and the information he has does not address these people' s concerns . Mr. DeCamp reiterated that these concerns may be resolved by reviewing the road improvement plans and emphasized that the road improvements will be made within the existing right-of- way. Commissioner Highland stated that 2 of the commissioners have voiced opinion that they would not be able to accept the change in the 960 foot contour line. He thought it might be useful if a consensus or indication could be received from the -15- • Commission which might be the key to the whole project. if that text amendment change cannot be made, then you have automatically got a project that down to 48 units . Commissioner Luna rescinded the motion for lack of a second. Mr. Bunnell stated that if the 960 elevation is applied, that does not mean that the density will be reduced by 24 units . He added that this particular plan will need to be redesigned to squeeze the units together and probably make them smaller since there would be a smaller developable space. Mr. Bunnell further commented that this site is entitled to a certain number of units, and he clarified that the drainage improvements will be resolved and there will be no impacts on surrounding property owners. with regard to the 72 units versus 77 units, he remarked that the 5 units will not make any difference in impacting the neighborhood; however, it does make a significant impact on the economic factors of the project because of the cost of the improvements and the additional recreational facilities . in response to a comment by Commissioner Brasher concerning a higher density for this project as opposed to the previous duplex proposal, Mr. Bunnell pointed out that the proposed dwellings are also two to three bedroom units and that the duplexes were not restricted to two people only. Wayne Bing, real estate broker, said he is relatively familiar with duplex type housing and adult communities . The state has passed 'Legislation that does not permit restrictions for adult communities. He added that adult communities are sort of a thing of the past because they decided it was discrimination against the younger people. Mr. Strong assured the Commission that some of the specific answers are available to the city: drainage studies, traffic studies, etc. and pointed out that a variation in roof height rather than an absolute uniform 960 roof line will be more aesthetically more pleasing; this proposal is much more sensitive and mitigates all of the identified possible adverse effects by proposing off-site improvements . Mr. Peterson stated that the Commission does not have to approve this pian just because there is a maximum allowable density. if the plan is not in conformance with the existing neighborhood, the project can be denied as it is contained in the Zoning Ordinance ( as it pertains to Conditional Use Permits) . S MOTION: By Commissioner Waage and seconded by Commissioner Brasher to deny Zone Change 15-89 and keep Subsection ( f) of Section 906 . 650 of the Zoning Ordinance as it now is . The motion carried 4 : 2 : 1 -16- with the following roll call vote: AYES: Commissioners Waage, Brasher, Luna, and Chairperson Lochridge NOES : Commissioners Highland and Lopez-Balbontin ABSENT: Commissioner Hanauer MOTION: By Commissioner Waage and seconded by Commissioner Brasher to direct staff to bring back Findings for Denial for Conditional Use Permit 9-89 and Tentative Tract Map 21-89 at the August 21 , 1990 meeting. The motion carried 4 :2 : 1 with the following roll call vote: AYES : Commissioners Waage, Brasher, Luna, and Chairperson Lochridge NOES: Commissioners Lopez-Balbontin and Highland ABSENT: Commissioner Hanauer r C. INDIVIDUAL COMMENT 1 . Planning Commission Commissioner Brasher stated that although the State does not require notification of a public hearing outside of the 300 foot radius, it would make for good community relations to modify this and notify people who will be affected by a particular project. Commissioner Lopez-Balbontin commended the business people on E1 Camino Real for their landscaping efforts but expressed concern with the City-owned lot across from Williams Bros. needs to be cleaned up. 1 . City Planner Mr. Decamp had nothing to report. Meeting adjourned at 12 : 55 a.m. MINUTES RECORDED BY: PATRICIA SHEPPHARD, Administrative Secretary MINUTES APPROVED BY: STEVEN L. DECAMP, City Planner ------ - - -------------- - -. = -_- MINUTES- ATASCADERO PLANNING COMMISSION . Regular ee ng Tuesday, August 21 , 1990 7 :30 p.m. Atascadero Administration Building The regular meeting of the Atascadero Planning Commission was called to order at 7 :30 p.m. by Chairperson Lochridge, followed by the Pledge of Allegiance. ROLL CALL Present: Commissioners Hanauer, Luna, Highland, Brasher, Lopez- Balbontin, and Chairperson Lochridge Absent: Commissioner Waage Staff Present: Steven Decamp, City Planner; Doug Davidson, senior Planner; Gary Sims; Senior Civil Engineer; Karl Schoettler, Assistant Planner; Gary Kaiser, Assistant Planner; Pat Shepphard, Administrative Secretary • PUBLIC COMMENT There was no public comment. A. CONSENT CALENDAR 1 . Approval of minutes of the regular Planning Commission meeting of August 7, 1990 2 . Consideration of Findings for Denial for Tentative Tract Map 21-89 and Conditional Use Permit 09-89 at 8555 E1 CorGe, Road (Bunnell/strong/sehott) 3 . Consideration of Findings for Denial for Tentative Tract Map 27-89 at 8700/ 8850, 8900, & 9000 Santa Cruz Road (Ryan-white/Volbrecht Surveys) Chairperson Lochridge reported that Item A-1 has not been completed and will be considered at the September 4, 1990 meeting. Commissioner Luna requested that Item A-3 be pulled from the Consent Calendar for further discussion. • MOTION: BY Commissioner Brasher, seconded by Commissioner Luna to approve Item A-2 of the Consent Calendar. The motion was approved 4 . 1 with Commissioner Highland dissenting. _ C-/ 4AWU1 fA4r' ------------------ = .. 'o M E M O R A N D U M TO: City Council , `, May 27, 1986 VIA: Michael Shelton, City Manager4, ,--�' FROM: Henry Engen, Community Development Director .W SUBJECT: General Plan Amendment 1C-85 and Zone Change 3-85 LOCATION: 8555 E1 Corte APPLICANT: ACOMA Corporation (Bill Poe) REQUEST: To revise the existing General Plan land use map from Low Density Single Family to Low Density Multiple Family and the zoning map from RSF-Z (Residential Single Family) to RMF-4 (PD) (Residential Multiple Family, 4 units per acre, with a planned development overlay) . BACKGROUND: This matter was heard by the Planning Commission at their meeting of • March 31, 1986 . There was public testimony and discussion by the Com- mission concerning this matter as referenced in the attached minutes excerpt. RECOMMENDATION - Planning Commission and Staff: On a 6 :0 vote, the Planning Commission recommended approval of the amendments to the general plan text and zoning ordinance text, as out- lined in attached Resolution No. 47-86 and Ordinance No. 138, respec- tively. The planned development zoning requires that a master plan of development be approved by the Planning Commission through a condi- tional use permit process. A traffic study would be required together with contributions to mitigate off-site drainage, sewage, and circula- tion impacts. /ps ATTACHMENTS: Planning Commission Staff Report - March- 31, 1986 Planning Commission Minutes Excerpt - March 31, 1986 Resolution No. 47-86 Ordinance No. 133 • a� City of Atascadero Item: B-4 STAFF REPORT • FOR: Planning Commission Meeting Date: 3/31/86 BY: Steven L. Decamp, Senior Planner File No: GP 1C-85 and ZC 3-85 Project Address : 8555 E1 Corte SUBJECT: Request to revise the existing General Plan land use map and zoning map from Low Density Single Family (RSF-Z) to Low Density Multiple Family (RMF-4) with a Planned Development (PD) overlay. BACKGROUND: The applicants are requesting an amendment to both the general plan land use map and the zoning ordinance text and map from low density single family to low density multiple family with a planned develop- ment overlay. This proposal was continued from the last general plan amendment cycle at the applicant' s request. Notice of public hearing was published in the Atascadero News on Fri- day, March 21, 1986 and all property owners of record located within • 300 feet of the subject property were notified on that March 20, 1986. A. LOCATION: 8555 El Corte (Lots 1-10 , Block 1, Eaglet No. 2) B. SITUATION AND FACTS : 1. Request. . . . . . . . . . . . . . . . . . . . . .General plan and zoning ordi- nance from Low Density Single Family to Low Density Multiple Family designation. 2. Applicant. . . . . . . . . . . . . . . . . . . .ACOMA Corporation 3. Site Area. . . . . . . . . . . . . . . . . . . . 32 acres 4. Streets. . . . . . . . . . . . . . . . . . . . . .El Corte is a paved (18-20 feet) City-maintained street 5. Zoning. . . . . . . . . . . . . . . . . . . . .RSF-Z (Residential Single Family 1. 5 - 2. 5 acre minimum lot size) 6. Existing Use. . . . . . . . . . o . . . . . .Partially vacant/warehouse (former Mushroom Farm) • General Plan Amendment 1C-85/Zone Change 3-85 (ACOMA/Poe) Access to the site from E1 Camino Real via La Linia Avenue, Cas- cada Road and/or Arcade Road is of concern to staff. Each of these roads is paved but narrow. Traffic flows are currently light and adequate capacity exits for some additional development. The cumulative impact of this project and others approved in sur- rounding areas must be considered, however . The recommended re- designation of adjacent areas for 10, 000 square foot lots could result in an excess of eighty-five (85) new lots. Not all of these potential new lots would impact the roads mentioned here, but when added to the seventy-two (72) dwelling units proposed by the applicant in the RMF-4 zone, impacts could be of concern. This issue could be addressed by requiring a master plan of devel- opment with appropriate offsite improvement requirements identi- fied and imposed. These may include, but not be limited to, street, drainage, and sewer system improvements. A related issue to that discussed above is the question of access from this site and surrounding areas onto El Camino Real. Traffic generated by build-out of the area between E1 Camino Real and the golf course could trigger the need for a traffic signal at one of the side streets and E1 Camino Real. This site ' s contribution to future traffic loads will be identified in a circulation proposed to be completed as part of the master plan of development prior to building permit applications. Appropriate fees will be levied prior to the eventual issuance of building permits. A redesignation of the affected property to low density multiple • family would allow for development that appears to be appropriate for the site. The preparation of a master plan of development will provide an opportunity to assure design which is suitable for the neighborhood and which assures that the development contrib- utes its fair share to necessary neighborhood improvements. D. RECOMMENDATION: Staff recommends approval of General Plan Amendment 1C-85 and Zone Change 3-85 based on the findings contained in Exhibits E and F. SLD:ps ATTACHMENTS: Exhibit A - Location Map Exhibit B - Existing General Plan Map Exhibit C - Existing Zoning Map Exhibit D - Site Plan Exhibit E - Draft Resolution Exhibit F - Draft Ordinance Exhibit G - Supplemental Statement 3 General Plan Amendment 1C-85/Zone Change 3-85 (ACOMA/Poe) v 7. Adjacent Zoning and Use to. . .North: RSF-Y Entire Study Area South: Golf course (San Luis County) East: Golf course (SLO County) West: RSF-Y 8. General Plan Designation. . . . .Low Density Single Family 9. Terrain. . . . . . . . . . . . . . . . . . . . . .Flat at the lower elevations to steep at higher elevations 10. Environmental Status. . . . . . . . .Negative Declaration C. ANALYSIS: The minimum lot size in the RSF-Z zoning district is 1. 5 to 2. 5 acres depending upon the site' s "score" based on various perfor- mance standards. This zone does not envision the availability of sanitary sewer service. The proposal for low density multiple family zoning would more than quadruple allowed densities in the area. There are, however, factors that tend to mitigate the ef- fects of this increased level of density. Surrounding Uses: The property to the south and to the east of the subject parcels is the Chalk Mountain Golf Course. This large expanse of open space will lessen the impact of higher densities on the adjacent 0 parcels by maintaining low overall area densities. The parcels to the west of the subject site have been recommended by the Planning Commission for redesignation to RSF-W (10,000 square foot lots) . Although the RSF-W zone is for single family lots, the applicant' s proposed RMF-4 zoning designation would result in similar overall densities (4 units/acre) . The property would not, therefore, be an island of higher density surrounded by low density uses. Site Design: The applicant is proposing a planned residential development em- bodying significant areas of open space. The applicant has pro- posed, and an open space easement will assure, that the upper por- tion of the slopes on the site will remain open. Building heights and location on the site will be controlled to the same end. Each of these considerations will lessen the visual impacts. Public Services: Sanitary sewer service is currently available to only one of the parcels proposed for redesignation. the entire site .is, however, within the Urban Service Line and could be annexed to the sewer district. Because of the terrain on and surrounding the site, and the number of dwelling units possible, the developer will be re- quired to provide off-site sewer system improvements. These im- provements will be designed as part of the master plan of develop- ment for the site. 2 t �•,� �• • EXHIBIT C •+ ,. �,�. EXISTING ZONING MAP r ' • • s� Nwi A � '.•.wtl t .t s• ..��, /i •/te ' t. �• SITE 00, �a;\` A1C •'% Z C 3-85 �� s�,`•� 't 1• /w. ",� .,ti' bo 1 8555 E L C 0 R T E so fes. •�•t` '"t �` � 4 r. (n` ,..�•. fir .• L�.>D B M s '' jt ��• � L"- �5 . •.t a,, G .• P Gy.,d .. , molt �••�r ,p ,• .,,., •PAY • '.a uar e ,� y •MJF•;.� SJ tt.• St H_. • to !'`• MO Cate} me f 1� .. •C �� �,a +tt i w y'k�2�,,. 'c .ry; ,„o . o'`s ♦ ' 4 it VtoJolC co • is� w tea-► 'lo .I� qq •'�.ti :� i; - \ r:\ a ♦• f L'�' •..�. \' ' _ 1, 1 i ` +0 7a ��' ,,�.,',�•+`':; �,`'�iL � �, •y,i rK^ j ''ns. • �� ,r \ ♦ oro � g wj�d em IIIIII . �'» �_�iii.: •y- � 1 ::: 'nuc• :�///+��a n wool C MA Bast Ar i Ri—/!nom a•N r„��..�„d ��•"_ 1 r.\�� is 21, no pw sows -•..or�1111 �,/ .-.� �� ,� I_ ON{^ - Ll 'I I a H "fir `��«� f-ir •�� F• _ ,� c �r.1. �� ".tF♦t � _ � rte{ I... V y ar j IINN of Exhibit G General Plan Amendment and Zone Change RSY-Z to RSY-POD 4 8555 E1 Corte Road Adult Plan Unit Development: The idea of this project is to provide an alternative environment for active adults. Designed by Barry Berkus AIA, founder and president of Berkus Group Architects, a national firm of architects and planners with headquarters in Santa Barbara, Newport Beach, and Washington D.C. Lifestyle is the key word for this planned unit development,-a_ retiree who doesn't feel like retiring. The idea for this project was taken from his Leisure Village Ocean Hills, the 1985 Gold Nugget Award of Merit for the best low density development. The site plan was cautiously laid out to take advantage of the views of Chalk Mountain Golf Course and the distant Santa Lucia Range, yet it doesn't impose on the hillside. Using open space and a height limitation (approximately 960') means almost 65% of this development will be landscaped, common area or open space. With the abandonment of La Linia and a stucco wall along E1 Corte, the development creates its own environment within. One entrance and cart access to the golf course helps to accentuate this. This is the same effect Berkus created with Leisure Village. The Spanish style stucco and tile roofs make one think of a small Mediterranean hillside village. This project will be a compliment to the neighborhood and a welcome addition to one of Atascadero's most beautiful assets, Chalk Mountain Golf Course. THIS PROJECT IS PRESENTED BY ACOMA CORPORATION Bill Poe President • s • RESOLUTION NO. 47-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP CHANGING THE LAND USE DESIGNATION OF LOTS 1-10, BLOCK 1, EAGLET 2 FROM LOW DENSITY SINGLE FAMILY TO LOW DENSITY MULTIPLE FAMILY (GENERAL PLAN AMENDMENT 1C-85: ACOMA CORPORATION) WHEREAS, a request to amend the City of Atascadero General Plan has been received as follows: General Plan Amendment 1C-85: Request submitted by ACOMA Corporation to change the General Plan Land Use map designation from Low Density Single Family Residen- tial to Low Density Multiple Family. Subject property is Lots 1-10, Block 1, Eaglet 2. Negative Declaration to the provisions of CEQA is to be certified. WHEREAS, this request was considered by the Planning Commission at a hearing held on March 31, 1986 and was recommended for approval; and • WHEREAS, such amendment to the General Plan was considered by the City Council during a public hearing; and- WHEREAS, Government Code Section 65323 provides that a General . Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1. A general plan land use designation of Law Density Multiple Family is consistent with the policies of the General Plan. 2. The proposed general plan amendment will not have a signifi- cant adverse impact upon the environment. The Negative Dec- laration prepared for the project is adequate. NOW, THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment 1C-85 (Acoma Corporation) to change the 1980 Atscadero General Plan Land Use Map as shown on the attached Exhibit A entitled GP 1C-85, Lots 1-10, Block 1, Eaglet 2. On motion by COUNCILMAN MOLINA and seconded by COUNCILMAN HANDSITY , the resolution was approved by the following roll call vote: AYES: COUNCILMEMBERS HANDSITY, MACKEY, MOLINA, NORRIS & MAYOR NELSON • !i ` r - (RES. NO. 47-86 , Pk NOES: NONE ABSENT: NONE DATE ADOPTED: 5/27/86 CITY OF SCADERO, LIFORNIA By ROLFE . PELS N, Mayor 'ATTEST: '> ' 2x ROBERT M. JONES, City Clerk /.) ;S APPRO AS TO CONTENT: M C L H L ON, ty Manager APPRO S TO FORM: /- s-✓ ROBERT M. J S, City Attorney PREPARED BY: HENRY ENGE Comw6i ty Development Director • ORDINANCE NO. 133 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION MAP NUMBER 19 OF OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO AND AMENDING THE OFFICIAL ZONING ORDINANCE TEXT BY REZONING CERTAIN PROPERTY KNOWN AS LOTS 1-10; BLOCK 1, EAGLET 2, FROM RSF-Y (RESIDENTIAL SINGLE FAMILY MEDIUM DENSITY) TO RMF-4 (PD6) (RESIDENTIAL MULTIPLE FAMILY - FOUR UNITS PER ACRE - PLANNED .DEVELOPMENT NO. 6) (ZC 3-85: ACOMA CORPORATION) WHEREAS, the proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning reg- -ulations; and WHEREAS, the proposed amendment will not have a significant ad- verse effect upon the environment. A Negative Declaration has been • prepared on the project. WHEREAS, the Atascadero Planning Commission held a public hearing on March 31, 1986 and has recommended approval of Zoning Ordinance Change 3-85. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2• The proposal is consistent with the General Plan. 3. The proposal will noresult in any significant adverse en- vironmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. Map Number 19 of the Official Zoning Maps of the City of Atasca- dero on file in the City Community Development Department is hereby amended to reclassify Lots 1-10, Block 1; Eaglet 2 as shown on at- • tached Exhibit "A" which is hereby made a part of this ordinance by reference. �. �. 00, , • � � r Section 3. Zoning Text Change. • Zoning Ordinance Text Amendment 3-85 is approved to change the text of the Zoning Ordinance to read as follows: 1. Section 9-3.650 is added to the Planned Development Overlay - Zones to read as follows: 9-3.650. Establishment of Planned Development Overlay Zone No. 6 (PD6) . The Planned Development Overlay Zone No. is established as shown on the official zoning maps (Sec- tion 9-1.102) . The following development standards are established: a) Approval of a conditional use permit reflecting a master plan of development for a residential development and related uses shall be required prior to approving a grading permit, or tentative parcel or tract map. The master plan of development shall be applied for and pro- cessed as a conditional use permit (Section 9-2.109) . b) In approving a master plan of development, the level of processing for subsequent projects or phases may be re- duced to a plot plan provided that the master plan con- tains sufficient detail to support such a determination. c) No subsequent plot plan, precise plan, conditional use • permit, or tentative parcel or tract map shall be ap- proved unless found to be consistent with the approved master plan of development. Any amendment to a master plan of development, including conditions thereof, shall be accomplished as set forth in Subsection (a) of this Section. d) Building height shall be limited to thirty (30) feet (not to exceed two stories) . e) An open space easement shall be provided for those areas above the 960 foot contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minute series) . f) No portion of arW,,structure, excepted as provided in Section 9-4. 113 .6f the Zoning Ordinance, shall be exten- ded above the 960 foot contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minutes series) g) A master plan of development prepared pursuant to this Section shall include a traffic analysis and circulation study, including analysis of ingress and egress to the area originating/terminating at El Camino Real. • h) No development shall occur prior to the extension of • sewer service to each lot, parcel, or building site pro- posed for development. i) The developer or applicant for development entitlement shall contribute a fair share of the cost of required - off-site drainage, sewage, and circulation improvements as identified in the master plan of development and as required by the City Engineer. Section 4. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code Section 36933; shall cer- tify the adoption of this ordinance; and shall cause this ordinance and certification to be entered in the Book of Ordinances of this City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and ef- fect at 12: 01 a.m. on the thirty-first (31st) day after its passage. On motion by COUNCILMAN MOLINA and seconded by COUNCIL- WOMAN NORRIS the foregoing ordinance is hereby adopted in its entirety by the following roll call votef AYES: COUNCILMEMBERS MACKEY, MOLINA, NORRIS AND MAYOR NELSON NOES: NONE ABSENT: COUNCIL.KAN HANDSITY DATE ADOPTED: 6/9/86 CITY OF ATASCADERO, CALIFORNIA B Y: yti/ ROLFE D. NELSON, Mayor .ATTEST: �� 10*'''' ROBERT -M. - JONES, -ti ( Clerk APPRO A� TO CONTENT: `k I MICH L SHELTON, City Manager — • APPRQWED TO ONTENT: • � S ROBERT%M. JON , City Attorney PREPARED BY: HENRY ENGV, Co ty Development Director :•. Minutes - Planning Comm ission--7�-14tarsh 3-1, 1986 n d for nursing homes and explained the procedures in app ing • to he State Office of Health, Planning, and Developmen which contr the amount of certificates which will be issu She explain an application she has submitted to the Cit and would hope that each nursing home could be judged on its ow merits and compatibili with the neighborhood. She furthe explained the difficulties he would encounter with the update language pro- posed. Mr . En n elaborated on this. There was discuss' concerning institution ized uses and the appropriate locatio s for these. It was oted that this section should be looked at f future long-rang nursing requests. Mrs. Young felt that if t ' smore re ricted wording is adopted and another project is su Tort: re or senior citizen housing, how can one refer back to the nu i home section and justify a different recommendation sin this specifically says "nursing homes. " Mr . Engen felt that a "pe sons-per-a e" language is a good way of establishing impact on a land for sp ial kinds of uses which would include nursing omes. Further d' cussion ensued. Mr. Engen suggested hat in the last se ce of the "Nursing Homes" -section, t t reference to "single fa ily" be deleted from the proposed la uage in the last sentence. • MOTION: Ma by Chairman LaPrade, seconded by Co issioner Bond d carried unanimously with a roll 11 vote to recommend approval of General Plan Amendme t 1M-86 with the suggested amendment to the section on nu ing homes and institutional uses. airman Laprade called a recess at 9 :01 p.m. Meeting reco vened at 9 : 11 p.m. 4. General Plan Amendment 1C-85 and Zone Change 3-85 : Request initiated by ACOMA Corporation (Bill Poe, represen- tative) to revise the existing General Plan land use map and zoning map from Low Density Single Family (RSF-Z) to Low Den- sity Multiple Family (RMF-4) with a Planned Development (PD) overlay. Subject property is located at 8555 E1 Corte, also known as Lots 1-10 , Block 1, Eaglet No. 2. Mr. DeCamp presented the staff report and noted a copy of the pro- ject' s site plan and elevations which was distributed to the Com- mission, and proceeded to summarize the background involved with this application, which had been continued from the previous gen- eral plan cycle at the applicant' s request. Items addressed in- cluded surrounding uses, site design, and public services. It was also pointed out that a significant portion of the site would remain in open space, and the proposed master plan of development was explained. • 5 Minutes - Planning Commissiotm',Aarih 31, 1986 Commissioner Bond asked for clarification on how access would b provided for the project. Bill Poe, applicant, thanked staff for the recommendation on this project, and spoke in support of approval. He stated he was aware of the restrictions that will be imposed during the development process. With regard to Solano Road, Mr . Poe stated it was his understanding that the abandonment of Solano would hinge on the improvement of La Linia between the Peterson property (on El Dor- ado) and DeCou Lumber and noted that it was not really a closing of an access for his project to E1 Camino Real. Bill Remple, 8475 El Dorado, expressed his opposition to the pro- posed project because of the large scale and the poor roadways leading to the site. Mr. Remple cited the previous Commission recommendations for approval of the Peterson and Lindsey general plan and zone change amendments which would result in large pro- jects as well, and felt that all three of these are to be devel- oped, a very large impact will result on the neighborhood. He felt that if the density is going to be changed, then the neigh- borhood aspects should be upgraded along with the increased density. William Anderson, Palomar resident, stated his residence adjoins the back of the subject site, and felt that this proposal along with the Lindsey and Peterson proposals are in opposition to the rural nature as set forth in the general plan. Mr . Poe pointed out that this particular application was submitted well over a year ago, and before the other two proposals were applied for . Barbara Reiter noted she likes the idea of planned unit develop- ments but does not agree with the proposed density. She felt that the City does not need to rezone any more property from single family to multiple family. Chairman LaPrade clarified the reasoning for the proposed RMF-4 zoning. Commissioner Bond stated he had viewed the site and had discovered that no oak trees were proposed for removal during the development of the site. Mr. Poe showed an overhead exhibit of the proposed development and proceeded to explain the phasing of the project, and explained the purpose that the planned unit development would serve. Commissioner Hatchell noted staff has done a good job in analyzing the needs of the neighborhood and addressed some general comments about the project. 6 Minutes - Planning Commissioh�-z-14arah 31, 1986 • Chairman LaPrade commented on the planned unit development concept and felt the project has merit and will be an asset to the community. Commissioner Michielssen talked about the improvements that will be required in order to mitigate traffic problems in the area. In response to question from Commissioner Michielssen, Mr . DeCamp responded to questions concerning the types of conditions which will be placed on the development of the project. There was some discussion concerning the site' s existing use. Commissioner Michielssen inquired about Lots 1 and 2 which adjoin the subject property and asked if these lots would be added to the project. Mr. DeCamp noted that eventual development of the lots should occur, following public hearing, under the same master plan of development for the entire site and stated the applicant has been in contact with the owners of those properties with the po- tential of purchasing them to add to the rest of the project. MOTION: Made by Commissioner Bond seconded by Commissioner Nolan and carried unanimously with a roll call vote to recommend approval of General Plan Amendment 1C-85 and Zone Change 3-85 as recommended in the staff report. C. PUBLI COMMENT There was public comment at this time. D. INDIVIDUAL ACTIO_ D OR DETERMINATION 1. Planning Commissi n Commissioner Bond pointed t that Ata adero Ford is again park- ing their display cars alo the s pe . to the rear of their site which was supposed to be for la s ping only. Mr . Moses respon- ded that several inquiries hav een received to this regard and that staff is working with the gen to correct this problem. Commissioner Bond alsocom nted on a noise generated from the loud speakers and asked if nything has een done to alleviate this. Mr . Moses expl ned that the zon ordinance contains a standard with regard t noise set per decibe er a time period during the day. Ho ver , the City does not ha at this time, a decibel meter . a. Considera ion of City-wide study of multi-family oning and • possib redesignation to single family residential ith den- sity anges from 4-8 parcels per acre (Michielssen) Mr . E en addressed the joint City Council/Planning Commiss ' n 7 i RESOLUTION NO. 47-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP CHANGING THE LAND USE DESIGNATION OF LOTS 1-10, BLOCK 1, EAGLET 2 FROM LOW DENSITY SINGLE FAMILY TO LOW DENSITY MULTIPLE FAMILY (GENERAL PLAN AMENDMENT 1C-85 : ACOMA CORPORATION) WHEREAS, a request to amend the City of Atascadero General Plan has been received as follows: General Plan Amendment 1C-85: Request submitted by ACOMA Corporation to change the General Plan Land Use map designation from Low Density Single Family Residen- tial to Low Density Multiple Family. Subject property is Lots 1-10, Block 1, Eaglet 2. Negative Declaration to the provisions of CEQA is to be certified. WHEREAS, this request was considered by the Planning Commission at a hearing held on March 31, 1986 and was recommended for approval; and WHEREAS, such amendment to the General Plan was considered by the • City Council during a public hearing; and-- WHEREAS, Government Code Section 65323 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1. A general plan land use designation of Low Density Multiple Family inconsistent with the policies of the General Plan. 2. The proposed general plan amendment will not have a signifi- cant adverse impact upon the environment. The Negative Dec- laration prepared for the project is adequate. NOW, THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment 1C-85 (Acoma Corporation) to change the 1980 Atscadero General Plan Land Use Map as shown on the attached Exhibit A entitled GP 1C-85, Lots 1-10 , Block 1, Eaglet 2. On motion by COUNCIL24AN MOLINA and seconded by COUNCILMAN HANDSITY , the resolution was approved by the following roll call vote: AYES: COUNCILMEMBERS HANDSITY, MACKEY, MOLINA, NORRIS & :MAYOR NELSON • C . (RES . NO. 47-86 , Pg� ') NOES: NONE • ABSENT: NONE DATE ADOPTED: 5/27/86 CITY OF KASCADERO, 'LIFORNIA By f cF `� .� !, ROLFE" . MELS N, Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVE AS TO CONTENT: M C L H L ON, ty Manager APPRO S TO FORM: ROBERT M. JONES, City Attorney PREPARED BY: HENRY ENGE , Comne ity Development Director • "Iv - j RESOLUTION N0. 47-86 `i (GENERAL PLAN AMENDMENT GP 1C-85) 1 8555 EL CORTE �.j .,• .i�7'` SITE fi: Sr•.,',: r,.�: - ' ` '�; GP 1C-85 (ACOMA COR P . ) 8555 EL CORTE �• `iii '��;''� �::•:. ': `;;-� ;°: ,j-` .�� FROM LOW DENSITY SINGLE FAMILY TO LOW DENSITY MULTIPLE FAMILY l ... . ... v ... ... :..:.':. ... Q040 ® 0046 444 .... .. 4 4 4 0 ? 4 0 4 4 �• �� �. :. "' 40040 X004004 :::: 400 0400000 :::': :.::::: 0 4 '. ' ..:':: :. :::'.: ':: �• 0 4 4 4 3 0 0 4 4 Q 4 � 0 ® 0 0 0 .:.:: :.. ... :.... ..' '. .. A n n n ,, n n AA n n n n o ATASCADERO 0o GENERAL PLAN MAP ......:::::::: LAND USE AND CIRCULATION _''''''..•"•'" HIGH DENS. MULT. FAM. HEAVY COMMERCIAL AGRICULTURE rrr.'. LOW DENS. MULT. FAM. RETAIL COMMERCIAL RECREATION :::::" HIGH DENS. SNGL. FAM. COMMERCIAL PARK SPECIAL RECREATION MOO.DENS. SNGL. FAM. SPECIAL COMMERCIAL ARTERIAL orvlo •...... LOW DENS. SNGL.FAM. PROFESSIONAL OFFICE ARrERIA� UNCIV10E0 COLLECTORS SUBURBAN SNGL. FAM. INDUSTRIAL PARK — — URBAN SERVICES LINE PUBLIC INDUSTRIAL URBAN RESERVE uNe. _ CITY 80UNOARY �� • ORDINANCE NO. 133 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION MAP NUMBER 19 OF OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO AND AMENDING THE OFFICIAL ZONING ORDINANCE TEXT BY REZONING CERTAIN PROPERTY KNOWN AS LOTS 1-10; BLOCK 1, EAGLET 2, FROM RSF-Y (RESIDENTIAL SINGLE FAMILY MEDIUM DENSITY) TO RMF-4 (PD6) (RESIDENTIAL MULTIPLE FAMILY - FOUR UNITS PER ACRE - PLANNED DEVELOPMENT NO. 6) (ZC 3-85: ACOMA CORPORATION) WHEREAS, the proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning reg- ulations; and WHEREAS, the proposed amendment will not have a significant ad- verse effect upon the environment. A Negative Declaration has been • prepared on the project. WHEREAS, the Atascadero Planning Commission held a public hearing on March 31, 1986 and has recommended approval of Zoning Ordinance Change 3-85. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan. 3. The proposal will not result in any significant adverse en- vironmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Mao. Map Number 19 of the Official Zoning Maps of the City of Atasca- dero on file in the City Community Development Department is hereby amended to reclassify Lots 1-10, Block 1; Eaglet 2 as shown on at- tached Exhibit "A" which is hereby made a part of this ordinance by reference. Section 3. Zoning Text Change. Zoning Ordinance Text Amendment 3-85 is approved to change the • text of the Zoning Ordinance to read as follows: 1. Section 9-3.630 is added to the Planned Development Overlay - Zones to read as follows: 9-3. 650. Establishment of Planned Development Overlay Zone No. 6 (PD6) . The Planned Development Overlay Zone No. is established as shown on the official zoning maps (Sec- tion 9-1.102) . The following development standards are established: a) Approval of a conditional use permit reflecting a master plan of development for a residential development and related uses shall be required prior to approving a grading permit, or tentative parcel or tract map. The master plan of development shall be applied for and pro- cessed as a conditional use permit (Section 9-2.109) . b) In approving a master plan of development, the level of processing for subsequent projects or phases may be re- duced to a plot plan provided that the master plan con- tains sufficient detail to support such a determination. c) No subsequent plot plan, precise plan, conditional use permit, or tentative parcel or tract map shall be ap- proved unless found to be consistent with the approved master plan of development. Any amendment to a master plan of development, including conditions thereof, shall be accomplished as set forth in Subsection (a) of this Section. d) Building height shall be limited to thirty (30) feet (not to exceed two stories) . e) An open space easement shall be provided for those areas above the 960 foot contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minute series) . f) No portion of any structure, excepted as provided in Section 9-4.113 of the Zoning Ordinance, shall be exten- ded above the 960 foot contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minutes series) . g) A master plan of development prepared pursuant to this Section shall include a traffic analysis and circulation study, including analysis of ingress and egress to the area originating/terminating at E1 Camino Real. • h) No development shall occur prior to the extension of • sewer service to each lot, parcel, or building site pro- posed for development. i) The developer or applicant for development entitlement shall contribute a fair share of the cost of required off-site drainage, sewage, and circulation improvements as identified in the master plan of development and as required by the City Engineer. Section 4. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code Section 36933; shall cer- tify the adoption of this ordinance; and shall cause this ordinance and certification to be entered in the Book of Ordinances of this City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and ef- fect at 12:01 a.m. on the thirty-first (31st) day after its_ passage. On motion by COUNCILMAN MOLINA and seconded by COUNCIL- WOMAN NORRIS the foregoing ordinance is hereby adopted in its entirety by the following roll call vote: AYES: COUNCIL.MEMBERS I•IACREY, MOLINA, NORRIS AND MAYOR NELSON NOES: NONE ABSENT: COUNCILMAN HANDSITY DATE ADOPTED: 6/9/86 CITY OF ATA/JS�C'ADERO, CALIFORNIA BY: n_ �= , ! ROLFE D. NELSON, Mayor ATTEST: � ROBERT 'M. JONES, City Clerk APPRO p A$ TO CONTENT: MICHAEL SHELTON, City Manager • APPR Di, TO ONTENT: ROBERT M. JON ity Attorney C ' A • PREPARED BY: 4" FW�� HENRY ENGIIN, ComqUty Development Director • - - - - - EX 416) A ORDINANCE N0. 133 — ZONE CHANGE 3-85 Zona, A CO M A GorPa r a�t o/1 • SSSS t! Go✓-�'a C,0-'3 •remit y•f. + � ' 3 a' � � �. `,♦ tit ... �j ! I If 'r ,` -:I'',r�" "'�`- •��' ��-�te�-•;' :, t=a w.t �y — M l�Gk c u vr� !�2n�J r T�/ MA 'r` 's • ,� KM F:' — 4 (PD G� �(Lrc.St�dN�cx ,.�' H � • •�"p. ',` 44 ••, •.`3�1� fv''►`'� '•�`;, •:�R• .,�;_ �-�t �¢ Fa,•ff t It/ — Four Iro Fho �'�� .!t' .P i. •�Y. . T e t1 N I'"r3 Pdrr �vr¢I ft - %210 ow •>�� , pr • �/• ',1•�e' �t:ms's �t�•` `. i.w . w -J .'7 ,. ILI ,.fir << F��• =s,._ ��- if all IIM . • �•,.► r� .' ;� .:.' '1 C.�� '. �:•"i• y,,� i- 111 ., .. . 14 � r, �,L f1 GO 7LSJ7;y •.y . �2• ` i!: • U �i �O 1' ♦ w• :! y,,s of � / A C LY Council ncil 5/27/86 enry Engen, Commun. Devel. Director , gave staff report and respon t questions from Council. Publi Comment Guy Green Planning Consultant representing the applicant, spoke i support o this request, noting that they are willing t commit to plan that wi respond to the existing character of the neighborhood, without change it, through any device the Council ems appropriat (i.e. , P.D. , con ' tioned on a corresponding tentativ map, or other) . Mike Hawkins, applic t, spoke in support of th ' request and would agree to assurances o do away with the p sibility of future flag lots. Dennis Lockwood, 8935 Atasca ro Ave. , els this proposal would cre- ate at island. He asked for defin ' ion of P.D. , to which Mr . Engen responded, explaining Planned De 1 ent. Mr. Lockwood questions the way this item has progressed and o feels the Lopus request encour- aged similar requests in the rea. He spoke in favor of protecting people' s investments in the G eral P1 Terril Graham, 6205 Conej d. , supported omments of the previous speaker and questions t City' s public nota 'ng practices. Mr. Engen reviewed the public no ice process. Dorothy Smith, 879 Morro Rd. , also complained ab t noticing proc dures. MOTION: By ouncilman Molina to continue this item unt after review o an expanded study area to be considered as rt of the urrent General Plan Cycle, seconded by Councilm Handshy; passed unanimously. Ma r Nelson and Mr. Engen clarified how public noticing will be ac- mplished before additional public hearings on this item. 2. Proposed General Plan Amendment 1C-85 & Zone Change 3-85 - 8555 E1 Corte (Lots 1-10 , Block 1, Eaglet 2) - ACOMA Corp./Poe A. Proposed Resolution 47-86 - Amendment to the General Plan from Low Density Single Family to Low Density Multiple Family B. Proposed Ordinance 133 - Amending the Zoning Map from Residential Single Family Medium Density to Residential Multiple Family, Four (4) Units per Acre (FIRST READING) Henry Engen, Commun. Devel. Director, gave staff report, noting that this is a combined proposal for both a GPA and PD rezone for Council consideration. Public Comment • 3 Bill Poe, project developer , thanked Commun. Devel. staff for the_ work over the past year and recommended approval of this project. He spoke in support of the project, noting that although the use of PD overlay dictates the multi-family zoning designation, this is a sin- gle-family project; Mr . Poe responded to questions from Council, not- ing this would be an adult community. Roger Bailey, resident on Sierra Vista, said he has studied the design and concept and highly supports this project. Steve Devencenzi, representing Harold & Marvel Peterson (who own prop- erty adjacent to the proposed project site) , spoke in support of the planned development proposal but expressed concern as to how this project will relate to them; he reviewed the history of attempts by the Petersons to develop their property and hopes that Council will consider including them in the current General Plan cycle, similar to other recent decisions concerning properties in the area, to review site density issues. MOTION: By Councilman Molina to adopt Res. No. 47-86, seconded by Councilman Handshy; passed unanimously by roll-call vote. MOTION: By Councilman Molina to read Ord. 133 by title only, second- ed by Councilman Handshy; passed unanimously. Mayor Nelson read Ord. 133 by title. • MOTION: By Councilman Molina that this constitutes the first reading or Ord. 133, seconded by Councilman Handshy; passed unani- mously. Second reading will be at the first Council meeting in June. Proposed General Plan Amendment 1K-86 and Zone Change 1 nitiated by the City of Atascadero A. osed Resolution 48-86 - Amending the Genera Plan to Prov for Lot Line Adjustment resulting in a Reduction i Size o isting Non-Conforming Lots B. Proposed or ce 134 - Amending Zoni Text to Establish Procedures for L Line Adjustments rich Result in a Reductio of Lot Size for Exi n Non-Co rminq Lots FIRST READING Henry Engen, Commun. Devel. Dire r, gave staff report. Public Comment Edward Jewell, reside who has a non-confor ' g lot and who'd like t make a lot line a ' stment, spoke in support of is proposal. MOTION: By uncilwoman Mackey to approve Res. No. 4 6, seconded b- • C uncilwoman Norris; passed unanimously by roll- 11 vote. MO By Councilwoman Norris to read Ord. 134 by titleonly, seconded by Councilwoman Mackey; passed unanimously. or 4 • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item• B-2 Through : Ray Windsor , City Manager, Meeting Date : 10/9/90 Via : Henry Engen , Community Development Director V*1 From: Lisa Sehicker, , Natural Resource Specialist SUBJECT: Consideration of a request to remove one heritage tree ( 30" dbh Quercus agr•ifolia at the recently constructed home of Mr . and Mrs . Sandel , located at 12550 Santa Ana Road . The tree is located in the middle of the proposed driveway . RECOMMENDATION : Based on the arborist ' s report and the condition of the tree , approve the removal with a two for• one replacement . Please see additional 0omments in analysis section of this report . BACKGROUND: The Tree Ordinance specifies that live native trees 20" or• greater dbh (measured four, foot above grade) ar,e deemed heritage trees and cannot be removed unless approved by the City Council following a public hear,i ng . The tree has been posted and marked with flagging tape and is visible from the street . The tree was inspected by ISA certified ar•bor,ist D . O. Denney and the City Natural Resource Specialist on separate occasions . ANALYSIS: After, visiting the site , it was apparent that the tree in question was i n very poor• health ; it had very little foliage and extensive i nter•nal decay . Many of the crown roots had been nicked and severed during constr•ucti on , f ur•ther• adding to its likely demise . It should also be mentioned that the overall design and construction of the Sandel ' s home exemplifies what can be done to achieve harmonious design with existing conditions and natural environment . Working under, the current tree ordinance , the Sandels took the extra care needed to esign and build their, home around the majority of oaks on site (they emoved three fire damaged trees last year• in order• to build the house) . They have done a wonderful job , and the results of their, labors will pay off in reduced heating/cooling bills in years to come . Recommended Replacements : In compliance with the Interim Tree Replacement Standards , the Sandels ar•e willing to replace the tree at a • 2 : 1 ratio, 15 gallon size minimum. As a possible alternative to this , they have requested that they have the option of planting one large specimen oak instead , a 36 " box size or larger . The applicant shall provide the City with a signed statement that attests to the planting of these trees which should be planted no later than one year, after construction is complete . Records will be kept in the office of the City Arborist . Attachments : Vicinity Map Site Flan Arborist ' s Report Replanting Guidelines (to the Applicants only ) cc Mr . and Mrs . Andrew Sandel Bax 2486 , Atascadero, CA 93423 93422 • • 1 fl ' T tljt�wjlli� i 1 114 / 41-11 �` //I O \ r0 \ •� 1 i I I� II ♦Q I \ �I< s qo \ _ r -1040 i i I .,/ z 4 J V a �J Zk \0 v V) Q h O '�2 jN Iz Q � V 1 N 1 ti fl r � I d + j l9 � j i` I I v � Q i i i ti- h i z cc fRECEIVED SEP COMMUNITY DEVELOPMENT DEPARTMENT Is I NX 19791 C WAUNITY DEVELOPMENT PLANNING DIVISION CMAD 6500 Palma Ave. P.O. Bo x 747 Atascadero , CA 93423 (805) 466-8000 APPLICATION - FORM Please tvoe or print in ink G�•E.�{T/FiG� ARBD�'.tSJ 41391 Owner : 1g1y ?rii Agent : AC,0 oe/V/YEy Address: .COX?4&4 Address: 600 3090 ,4732509-01-1,22 C/9 9-3423 P�Sa .FCB�f_S CA 93de7 Phone #: 8(2-5- ¢Gea, -ev7,54 Phone /ZOO cSANTFI Q ev.q Applicant: SAME Address : Phone #: Project Description: • Existing Use : Project Address : Legal Description: Lot ( s) & ; Block 4.5' ; Tract Assessors Parcel No ( s) : I/We consent to the filing of this application and declare that this application and related documents are true and correct . (NOTE: The signature of the property owner is required on the application before it will be accepted for processing . ) 1 Owner Agent Date Date • For Staff Use Only Fee : Receipt #: Tree Removal Permit Application I l R 10 iti., in rny F ; I/ Supplemental Information ��►„i ' er.�' c197 (Please type or print in ink) Reason for Removal : r r, [':I' ri � ! cam --A vac_ (. "�_c� �C.r r�.--� d'n•a �Z n� c �C c i S G� � ,� �- h �' ���l.i L'- �c.c_-✓ "' �t'rvr cC:� �. I Yjl-•<S e3n C��,� �� 3-� � � � L7 1�. �-r- Sc ver c(4C•i bctt,c c�Cc 4 Number of Trees to be Removed: C-1 N_ Cl j Specify the size (measured 4 ' above ground level ) , species (both common and botanical name) and condition of each tree to be removed : �. 4-ICr 0C" 2. t 3.. 4. 5. Specify the size and species of the trees proposed to replace those intended for removal : t%,w z_i C_ 2. 3. 4 . 5. Please prepare a "Plot Plan" showing all improvements on your prooerty, trees to be removed , trees to remain, and the proposed location of replacement trees as per the attached example. J � ' Owner Arborist Certificate Number 9- is -9c2 `1 7- gf, Date Date t - s . i r .ICU w..- - •• _ #, .:',•'w�. _.. � , -� ,.� •..4w,�� _ .;{.,yrs► K r.. lv".. � �- 'Ly. r ♦ra-' s t rt t t `d s ..-+^Ot •1ti..'-) ''"' a -� � �L i�l � ��mow. '�L ♦ �� {.. .\ 'i.0.+! � �i-1 �� � � 7 ti 's �J �x yp a ,ir 'TS S �,,.5 .. � :: '� +.i�X� .fir. �� �'_•'> :•q ... _ �v y. r j. REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-3 Through : Ray Windsor , City Manager, Meeting Date : 10/9/90 Via : Henry Engen , Community Development Director, From: Lisa Schicker• , Natural Resource Specialist SUBJECT: Consideration of a request to remove one heritage tree (48" dbh Quercus lobata) for, the purposes of home construction at 9405 Jaquima by applicants Mike and Valerie Lund . The tree is leaning over, the proposed residence . RECOMMENDATION : Based on the ar•borist ' s r•epor,t and the condition of the tree , approve the removal with a two for, one replacement . Please see additional •omments in analysis section of this report . BACKGROUND: The Tree Ordinance specifies that live native trees 20" or, greater dbh (measured four, foot above grade) ar•e deemed heritage trees and cannot be removed unless approved by the City Council following a public hearing . The site has been posted and the tree has been posted and marked with flagging tape and is visible from the street . The tree was inspected by ISA certified ar,bor•ist Randy Hopp and the City Natural Resource Specialist on separate occasions . ANALYSIS: The tree that is proposed for, removal appears to be in declining health ; the outer, edges of all the foliage on the major, branch that is leaning over the house-to-be is dead and dying ; without having the ability to get high enough to see what is going on , it is difficult to speculate the cause (old snow damage , disease , insects , etc . ) . Leaf diseases ar•e normally not fatal , and it is possible that this foliage pr-obl em could clear, up by next year, . However, , it should also be mentioned that the trunk of the tree has evidence of fire damage and some level of r•ot and internal decay ; even with this knowledge , there ,Os no prediction as to how and when this tree could fall . The Lunds have also attempted to design their, house in harmony with existing conditions and natural environment , and they have some topographical constraints which will make it difficult to ensure the survival of this tree . In light of other design concessions they have made to adapt their, home to the existing topography and other, trees on i site , a.nd considering that the branch that appears to be suffering the most from the leaf problems would be leaning over• their• brand new home , I can understand their concern . Recommended Replacements : In compliance with the Interim Tree Replacement Standards , the replacement recommendation for the removal of the tree is 2 , 15 gallon size minimum, same species trees . The applicant shall provide the City with a signed statement that attests to the planting of these trees which should be planted no later than one year, after, construction is complete . Records will be kept in the office of the City Arborist . Attachments : Vicinity Map Site Plan Arborist ' s Report Replanting Guidelines (to the Applicants only) cc Mr . and Mrs . Lund , 1009 Jane Drive , San Luis Obispo, CA 93405 • I� •� CITY OF ATAS( ADERO EXHIBIT A LOCATION MAP COMMUNITY DEVELOPMENT PRECISE PLAN #76-90 .�..;� DEPARTMENT 0 o 1 R S 1; + G0410 ,• '�� �, Y ST i G4 0 cc • a � I c o i i I I goon • i ; 'i�{ � 1 •.�'{ „..••,•• � � : : 1 h� ; P :� �,I;� it � � • lb � ` it!��� ! � i i � ;I:�! f'►! , - .� � 7 771;! .• ..fid�• �� ' � :,,il ,. � , , i .,tj - t 1.8 31 NP�•'i1� 7: • ,• ... ` - �� • , (117 ' ,i ) It I) (l= , .il !_� •,4• "' Ott '' � h ,� B � ' j 7 5 -\ �� r'irlP•• � "7 ��' � ; �� � 717 1 Nk ,P 1 Poet i [,z r r ♦ 3 � 1 Is: join, AUG 2 - I' COMMUNITY DEVELOPMENT DEPARTMENT sr -- so:w PLANNING DIVISION OS CAD � i CONIMUNIT� DI VFLOPMEN) 6500 Palma Ave. P.O. Box 747 Atascadero , CA 93423 (805) 466-8000 APPLICATION FORM Please type or print in ink Owner : 1111Ci- LU:14 p Agent : lW14 nc— IrE-1C�¢ Address : loc>9 F_Nt,4c aLiv5 Address : Ft;' ►30K -77-7 6At1Ul31SPO�c1% !4r,In. G Tl✓1� ��A y Zz Phone # : 64-1 Phone # : 43�- Ig34 Applicant : KIAg�7yC Address : ' Phone #: • Project Description: Lc-,I- Z9 , Pkoc)L f;;*5, - V.p Existing Use : Vfr(-A►,11' Project Address : _ Legal Description: Lot(s) f Z�l ; Block �' ` ; Tract Assessors Parcel No (s) s I/We consent to the filing of this application and declare that this application and related documents are true and correct. (NOTE: The signature of the property owner is required on the Application before it will be accepted for processing . ) Owner Agent Date Date • For Staff Use Only Fee: 2-CO , Receipt #: c26 9 �?2 re 76- �� r Tree Removal Permit Application iiic-1 .,nnri;:,'I Supplemental Information r' • `r \ — (Please type or print in ink ) Reason for Remo val : 1 ISE l5 Number of Trees to be Removed: Specify the size (measured 41 above ground level ) , species (both common and botanical name) and condition of each tree to be removed : 2. •3. 4, 5. Specify the size and species of the trees proposed to replace those intended for removals 2. 3. 4. Please prepare a "Plot Plan" showing all improvements on your property, trees to* be removed,' trees to remain, and the proposed location of replacement trees as per the attached example. Owner 0 Abo'r ' t Certificate Number S ,L 2 % D Date Da tie i REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-1 From: Ray Windsor, City Manager Meeting Date: 10/9/90 SUBJECT: Garcia Road Issue BACKGROUND: As requested by Council at your meeting of July 10th, we are forwarding reports from the City Arborist and the Applicants/Devel- opers of the Garcia Road extension. Reports from staff, including my own review of the matter, are being withheld from public distri- bution pending further review related to any possible personnel action. RW: cw Attachments : Report of Lisa Schicker, dated 9/25/90 Correspondence of Donald Vaughn, dated 9/30/90 • SPECIAL REPORT TO CITY COUNCIL From Lisa Schicker , Natural Resource Specialist Date : September 25 , 1990 SUBJECT: VIOLATION OF TREE ORDINANCE REGARDING HERITAGE TREE REMOVAL AND TREE PROTECTION DURING CONSTRUCTION OF GARCIA ROAD EXTENSION The proposed construction of the Garcia Road extension has been a project on my desk as long as I have worked for the City , and probably some time before that . Because of the complicated nature of this project , I would like to provide Council with a brief history of the events that have led us to the situation that we face today . In September of 1989 , I participated in a field visit ( including Public Works , Community Development and the applicants) that was to determine alternative alignments for a proposed Garcia Road that would reduce the amount of native trees that would need to be removed . On January 23 , 1990 , Council denied an application for tree remov based on the original alignment of Garcia Road extension , which woul have required the removal of 160 trees ( 13 of them heritage size) and the impact caused by cut and fill on an additional 159 trees . The denial occurred because it was already known ( from that meeting in August) that a more suitable alignment that would require less tree removal existed . On July 10 , 1990 City Council approved an application for tree removal that would require the removal of 69 trees ( 12 of them heritage size) and impact (caused by cut and fill ) an additional 75 trees . It was also said that if small shifts in the road were to occur , an additional 13 trees ( 3 of them heritage) could possibly be saved . This revised road plan was the result of numerous on and off site meetings , tree labeling and hours of field work by both the applicants and City staff . City Council members were escorted to the site to inspect the proposal ; Couneil . used a map that was prepared by the applicant as a guide . This is the map that was used to prepare all of my reports to City staff and Council . On the map , for the record , trees to be removed were marked in r•ed , trees to be protected (and impacted by cut and fill activities) were marked in green . Several trees contained notes to offer extra protection ; such as "place retaining wall here" . All trees with a red mark on the map should have had a red ribbon in the field and were to be removed , and all green marks on the map should have corresponded to green ribbons on trees in the field , which were to be protected by permanent retaining walls and/or fencing durino construction . On July 16 , 1990 a letter from the Community Development Director was sent to the .applicants confirming the City Council ' s approval to remove 69 trees (or less if possible) for the purposes of Garcia Road • construction . The applicants had agreed to pay $200 for each tree removed less any re-surveying costs ( that would be done to save the additional 13 trees) and the final tally ( 69 trees or less) was to be determined in the field . On August 16 , 1990 , the applicant and the Public Works signed the papers for the encroachment permit for doing the work for Garcia Road Extension . At this time a set of supplemental encroachment permit conditions were received and signed by the applicants . The conditions for tree removal were outlined in these permit conditions , stating that all tree protection activities be conducted according to the approved plans and the results of City Council action . In the conditions , it also stated that City staff may or may not review the work that was to be done . The conditions additionally state that the Public Works Director be contacted by the project engineer for any requested field changes . On August 22 , 1990 , a preconstruction meeting was held for all of those involved with the work about to take place . A representative from Public Works attended the meeting . It was stated at the meeting that Doug Brown from Twin Cities Engineering was designated as the project engineer ; he was unable to attend the meeting , but another member of their staff attended in his place . iOn August 29 , Jack Brazeal , certified arborist for the job certified byl letter that all tree protection measures that had been required were installed on site . Records are kept in Public Works to reflect the progress of work for all road construction projects , including this one . According to these records , an approximate tally of trees removed was made on August 30 , September 4 , 17 , 19 and 20 . These tallys were made in order to get an accurate count of trees removed in order to process replacement conditions , which were based on a fee for actual tree removal ( it was supposed to range anywhere between 56 and 69) . According to these field counts and the records , the number of trees removed that were 4" dbh and greater had increased to 105 ( 36 more than the permitted amount) by September 20 . The records also show that Mr . Roberson , the grading contractor contacted the office on September 17 to alert the City to the fact that additional "trees - of 4" dbh or greater would need to be removed to complete the work . At the time this contact was made , the approximate tree removal count was already 85 ( 16 more than were allowed under the permit) . Unfortunately , the sizes of trees removed as they were removed were not recorded , and it is difficult to know if heritage trees were affected at this time . On September 20 , the discrepancy in the count was brought to the attention of the Public Works Director , the Natural Resource Specialist and the Community Development Director . It was at this time that a Stop Work Notice was issued because of ( 1 ) nonconformance to the Tree Ordinance , ( 2) removal of heritage trees without City Council action/public hearing and ( 3 ; nonconformance with the road building supplemental conditions that were signed and agreed upon . Under the existing Tree Ordinance , the City had the authority to Stop • Work for nonconformance to tree protection and unauthorized tree removal . In the case of the removal of heritage trees , authorization for removal must come from City Council . On site on September 20 , (the day the Stop Work Order was issued) it was communicated to me by the grading contractor Gary Roberson that he assumed that everything within the slope stakes was slated for removal and that he was depending on the engineer ' s staking to do his work . It was explained to me that the grub stakes ( yellow, in this case) are set first to assist the contractor in defining the edges of the area to be cleared of vegetation . The slope stakes are set next (pink , in this case) which delineate the limits of the cut and fill for the roadway . He did not look at the tree removal map that was used by City Council , he looked at the pink slope stakes (which showed the limits of cut and fill ) and the yellow grub stakes (which showed areas to clear) to complete his work . Trees on the map which ap-peared to be OUT of this cut and fill area were actually WITHIN the area in the field. It was also stated by the contractor that several trees existed in the field that never even appeared on the map and they were also removed . Locating trees from a centerline stake and placing them on a map is not an exact science , and its effects are shown by the differe-nce in field and map conditions that have been shown here . In an attachment , I have provided some alternatives for revising administrative procedures surrounding tree removal for roads in forested areas , in light of o0 experiences here . On the afternoon of September 20 , I accompanied Jack Brazeal , the applicant ' s certified arborist to the site to complete a field survey of trees that were removed that were supposed to be protected , as shown on the plans that were used to process the original tree removal permit before City Council . Jack Brazeal was also the person who cut the trees for the grading contractor , Gary Roberson . It was determined that 18 trees ranging in size from 6.-32" dbh ( 8 of these heritage size) had been removed . It was also determined that one of the trees slated for removal had been retained . I can only speculate as to the differences in my tree count and that of Public works staff , that which differs by 18 trees . Multi -trunk trees may have been counted as separate trees and it has already been stated that some trees that existed in the field were never even shown on the original map . The eighteen trees that I have marked on a clean copy of the map do correspond to trees that were to be protected and have subsequently been removed and are listed below: 16" dbh Q. lobata 32" dbh Q.. lobata 14" dbh Q. lobata 20" dbh Q. agrifolia 22" dbh Q. lobata 24" dbh q. agrifolia 8" dbh Q, lobata 1711 dbhQ. lobata 20" dbh Q. lobata 9" dbh Q . lobata 24" dbh Q. lobata 12" dbh Q . lobata 15" Q. lobata 28" dbh Q. lobata 36" dbh Q . agrifolia 13 " dbh Q , agrifolia 6" dbh Quercus sp . ( species unknown) 1 multi -trunk Q. agrifolia (actual dbh unknown) r • According to Don Vaughn and Gary Roberson , tree removal is complete for this project . In my report , I have deliberately attempted to stick to the "facts" instead of trying to point fingers at anyone . I would be happy to answer any additional questions if I can , and am sure that the applicants would like a chance to tell their story . The staff is now seeking a recommendation from the City Council as to the direction they would like us to take . Thank you . Attachments : A Alternatives for Revising Procedures for Tree Removal B Alternatives for Mitigating Unauthorized Tree Removals C June 3 , 1990 Arborist Report (Jack Brazeal ) D July 16 , 1990 Letter Authorizing Tree Removal • • Attachment A Alternatives for Revising Administrative Procedures for Tree Removal ' Permits During Road Construction Many of the original colony roads that were surveyed , but not built currently lie in the middle of well developed oak woodlands . There is a reason for this ; land that was designated for future road building was not cleared for agricultural uses in the early 1900 ' s and the forest grew up around the surveyed road areas . Part of the difficulty with applying the requirements of the Tree Ordinance to such a situation is the fact that many of these roads are located on steep slopes and in dense woodlands . Therefore , if it is the will of the Council to require accurate tree removal tallys before a tree removal permit is issued for road construction projects , two possible alternatives exist : 1 . Require that all trees to be removed are located on a map through survey and compass techniques . (We currently do not request this , causing some inaccuracy in the plotting of tree locations on the road plans . The City of Thousand Oaks requires such a survey for tree removal permits , but they do not have the extensive oak woodlan forests that we have here . ) 41 2 . Require that all proposed roads be staked at the center line and at the limits of cut and fill along the complete length of the road before a tree removal permit application is completed and an accurate count should result . At this time , specimen trees could be identified and alternatives to the proposed alignment or possible tree saving construction ( retaining walls , tree wells , etc . ) methods could be proposed . • Attachment B Alternatives for Mitigating Unauthorized Tree Removals Several alternatives could be considered to address and mitigate unauthorized tree removals . 1 . Enforce Title 1 , Chapter 3 of the Municipal Code relative to Section (c) on misdemeanors ( "Any person convicted of a misdemeanor shall be punished by a fine or not more than One Thousand Dollars , or by imprisonment in the County Jail for a period not exceeding six ( 6) months , or by both such fine and imprisonment . " ) 2 . Additional Fees . As a penalty , applicants to contribute double the fees into the tree replacement fund to cover the additional trees removed . 3 . Planting Trees . Applicants to plant specimen trees ( 36" box size or greater) along the length of the completed road , based on double the number normally required . If this option is selected , maintenance must be assumed for a period of 2-3 years , depending on the trees . • 4 . Conservation/Scenic Easements . Applicants to agree tc designate strips or portions of land as conservation easement lands- to protect existing oak woodlands . • 9,T IF/ ATTACHMENT C G y O JACK BRAZEAL TREE CONSULTANT VAA • STERN ;-" CHAPTER 4531 SRIPJACR LANE PASO ROBLES, CA 93446 WCZSA #163 / , (805) 227-6140 0 June 3 , 1990 Don Vaughn 7695 Unit B E1 Camino Real Atascadero, California 93422 RE: Certified Arborist Report for: Garcia Road Extension, Alternate Alignment Atascadero Colony Block 50 Improvements This report is a revision of all previous reports on all trees • affected by the development of the realignment of Garcia Road Extension. The total number of trees affected is 144 trees with 69 trees reauiring removal to accomodate the road imarovemen s and 75 trees will be impacted from slight to significantly. Standard tree protection measures are to be used on all trees that are endangered by this development. All tree protection fences, retainers, etc. are to be installed and inspected prior to any' construction or demolition of this project. The trees impacted and the trees to be removed range in size from 6" to 24" dia- meter. Most of the trees are in good health and are about evenly divided between Valley Oaks and Live Oaks. The proposed realign- ment will greatly reduce the amount of trees to be removed and reduce significantly the number of trees impacted. The original _Colony Road would require the removal of approximately 200 trees- and impact or endanger approximately another 200 trees. A11 the trees proposed for removal and all the trees that will be impacted are plotted and identified on the attached set of plans. A color coded set of plans will be with the City Arborist and available or review when Council and Administration personally review the site. All trees affected by this proposed road are marked in the field, i.e. , red for removal and green for impacted. The center- line of the a road is marked with lath stakes oar The .drainage swales are color coded blue on the viewing plans but not marked or outlined in the Meld. (continued) ' l ATTACW4FNT r Arborist Report: - 2 - June 3 , 1990 Don Vaughn Garcia Road Extension SUMMARY AND RECOMMENDATION: The developer has shown good faith in trying to preserve and pro- tect as many trees as possible and stay within the guidelines of City Ordinances and requirements. The route chosen for realignment has greatly reduced the impact of the wooded area by reducing the amount of tree removals. Compensation for the tree removals should be the required one hundred dollars for each tree removed, donated to the Atascadero City Reforestation Program. I recommend that this project be approved, as submitted. J Jack Brazeal Certified Arborist JB:pb • Attach. • AOM1N1lTRATION su1LDING _. 9300 CAPALL AV(Ntascade�® _ ATASOtLIFORNIAIA GRQ f]M22' PMOMIL (US) 491.9000 INCORIORAT[O JULY Z 1979 flat OtPAR`rMCMT a99 PALMA AVtMUI Ilk arY CUN K ATASCACCRO,CALIFORNIA aTY CASW MgNt: (9o3i u9.99o0 CITY rleeAwR>af CITY MAMAG M �•� AOMINISTRATIVC SlMvK =WARTM[NT COMMUNITY CCVCLOFMtMT 09TARTMgMT FIRe DCt�RTMtMT PUGLIC WORKS O[FARTMCW SODS LMS AVC14UC PARKS AMC RFCRtATION OVARTMQIT ATASCAOCRC•CALIFORNIA 93M=2 PNONt: (903) 4{{.2141 r July 16, 1990 North Coast Realty C/o Bill Pippin 625 Spring Street Paso Robles, CA 93446 SUB.,ECT: Heritage Tree Removal Request - Garcia Road Extension Dear Mr. Pippin: At their regular meeting held July 10, 1990, the Ataseadero City Council conducted a public hearing concerning your request to remove 69 trees for the purposes of road construction. Union review, the Council approved the request subject to an in Lieu donation to the Tree Replacement Fund of up to $15,000 . The e fina i • amount will be determined based on the final tree removal tally tas detarm ne by the sst 7. you for additions survey work in re ing the alignment. we appreciate your patience and efforts to redesign this project. The trees may be removed on approval of the road improvement plan. if you should have any questions, please contact the Cit., arborist at 461-3090 . Sincerely, ri � Henry E gen, Director Community Develooment cc: Donald Vaughn Conrad Langille Greg Luke, Public works Director —Yddzru�—g77� �eer1.�G� - -76fs1 • DONALD K. VAUGHN I , E 7695-B E1 Camino Real $2 SC Atascadero, CA 93422 �r T 466-4140 CITY MGR. September 30, 1990 Mr. Ray Windsor City of Atascadero 6500 Palma Avenue Atascadero, CA 93423 Re: Garcia Road Extension Dear Mr. Windsor: Greg Luke asked me to prepare a "Statement of Facts" regarding the Garcia Road Extension. He also requested that I include recommendations to resolve this matter. In consideration of time, I am submitting for your review a chronological outline of the overall project so you may compare our data with other information. I am presently gathering more • specific information regarding possible solutions and would appreciate a meeting with you, Lisa Schicker, Greg Luke and the developers to discuss a successful resolution to this matter. July 27 , 1989 Tree removal application submitted. Request was for 319 oak trees affected, 160 trees removed, 159 impacted. August 26 , 1989 On-site meeting with Henry Engen, Randy Rossi , Paul Sensibaugh, Lisa Schicker, Jack Brazeal (developers ' arborist ) and the developers. Discussion revolved around re-alignment of Garcia Road to mitigate tree removal . November 7, 1989 Received letter from Doug Davidson regarding list of five items to be completed so Community Development Department could prepare a recommendation to the City Council . November 10, 1989 Letter from Don Vaughn to Doug Davidson requesting • original application (removal of 160 trees) be submitted to the City Council . r Mr. Ray Windsor September 30 , 1990 Page 2 December 7 , 1989 Letter to Doug Davidson regarding Community Development needing more information on " initial " application before recommendation to City Council could be completed by staff. January 23 , 1990 City Council hearing on " initial " application. This 160 tree removal application was denied 5-0 . July 10 , 1990 Tree removal request (second application) heard by City Council . _City Arborist ' s recommendation indicated 69 trees to be removed plus 30 trees "significantly endangered" . A tree replacement fee of $15 , 000 was recommended using the following formula: 69 trees x $200 ( #13,800 ) , plus a 1 for 5 replacement ratio ( 30 trees/5 = 6 replacement trees ) x $200 (x 1 , 200 ) _ 0 $15 , 000 . The City Council discussed the - possibility of Public Works staff making "slight adjustments" in the field to save trees . City Council approved ( 5-0 ) tree removal application. July 16, 1990 Received letter from Henry Engen announcing approval of tree removal . August 16 , 1990 Pre-construction meeting in Gary Sims ' s office with Gary Roberson (project contractor) and Don Vaughn. August 22 , 1990 On site pre-construction meeting with all utility company representatives, three representatives from Twin Cities Engineering ( the developers ' engineering consultant ) , Danny Hillstock, Jack Brazeal , Gary Roberson and the developers. Received encroachment permit from Public Works Department . August 29 & 30 , 1990 Construction grub staking had been completed. "First • cutting" of trees was begun. Gary Roberson was instructed to leave the stumps so a count by City staff could be completed. Danny Hillstock counted 44 fallen trees. • Mr. Ray Windsor September 30 , 1990 Page 3 September 4 , 1990 "First cutting" completed. Public Works counted an additional 41 fallen trees bringing the total to 85. Slope stakes were in the process of being set by Twin Cities Engineering. The slope stakes clearly defined the cut banks for grading purposes . It became evident that "questionable" trees left from the first cutting needed to be removed. Gary Roberson requested from Gary Sims the removal of these trees. September 17 1990 Gary Roberson and Gary Sims did on site inspection of "questionable" trees to be removed. Gary Roberson was told to handle this "second cutting" as before. (Leave the stumps for counting. ) September 18 , 1990 • Second cutting began. Gary Sims counted 14 fallen trees . September 19, 1990 Second cutting completed. Danny Hillstock counted 6 additional trees for a total second cutting of 20 . Grand total ( first and second cutting) of fallen trees counted by Public Works Department was 105. September 20 1990 Job was "red tagged" by City to stop construction. September 24, 1990 Don Vaughn spoke with Lisa Schicker regarding Public Works Department ' s count . Lisa indicated multi-trunk trees and some large brush were A ncluded in the 105 count . She indicated a preliminary revised count of 87 fallen trees. Lisa was going to compile more information for the September 25, 1990 City Council meeting. The City allowed construction to continue. September 25 , 1990 City Council meeting on tree removal , but continued to October 9, 1990 . • Mr. Ray Windsor September 30 , 1990 Page 4 September 26 , 1990 Spoke with Lisa. At this time her count is 87 fallen trees, 18 over the 69 trees originally planned for removal . of these 18 trees , 10 were under 20" diameter and eight trees were over 20" diameter. These eight trees are considered heritage oaks which needed City Council approval . September 27, 1990 Conference call with Greg Luke, Don Vaughn, Bill Pippin and Conrad Langille. General discussion regarding situation. In summary, I believe the tree ordinance has worked. This has been a successful ending to a complicated land issue from an original request of over 300 trees to be removed and/or impacted, reduced to the reality of 87 trees removed. Those people critical of the end result should consider the expense and complexity of installing a road through a forest . • It is my understanding that this tree removal request was possibly the first large development matter to be tested under the current tree ordinance. Unquestionably there is a problem and mistakes have been made, but I should hope that all parties might learn from this situation so future development will minimize controversy. City staff and the developers have worked diligently and admirably with this development . All parties have treated this sensitive issue with respect for the system. I believe the end result of trees removed would have been approved by the City Council at the July 10, 1990 meeting if everyone had known the exact number of trees that would be affected by the road construction. As all the engineers seem to agree, this is a virtual impossibility until construction staking is completed. • • Mr. Ray Windsor September 30 , 1990 Page 5 The tree ordinance may work neatly when it involves 1 building site - 1 tree. Unless changes are made, the City and developers will continuously be subjected to public controversy and misunderstanding over larger tree removal requests . espectfully sub tted, (Id'�' �- , �4 DONALD K. VAUGHN DKV/sam • RECEIVED e: JUL 27 1989 tfl7COMMUNITY DEVELOPMENT DEPARTMENT o ^''' T PLANNING DIVISION �.�� ��,r DEVf�.._. ► ,�►i� 0 �DE� 6500 Palma Ave. P.O. Box 747 Atascadero , CA 93423 (805) 466-8000 APPLI CATI ON FORM Please-type-or print in ink Owner - 'A �1 1 r�Ir� pond�cQu fir. Address: S/J ,.7-74 Address: Phone #: acs,) -a?F,- „C? Phone #: Applicant : Address: Phone #: Project Description: E -e„LS • Existing Use: Project Address: Legal Description: Lot(s) ; 8 16 c SZ) ; Tract d2,p6746 Assessors Parcel No (s) : 44�- /-3 /a a// I/We consent to the filing of this application and declare that this application and related documents are true and correct. (NOTE: The signature of the property owner is required on the application before it will be accepted for processing . ) O'w'ner -o Agent 7 K. Date Date For Staff Use Only Fee: '�� _ Receipt �j"Do - AFI �� 6 y ADMINISTRATION BUILDING 114 6300 PALMA AVENUE ATASCADERO,CALIFORNIA 97422 aseade�® PHONE: (803) 466.8000 NCORPORATED JULY 2. 1979 POLICE DEPARTMENT 6300 PALMA AVENUE CITY COUNCIL ATASCAOERO, CALIFORNIA 97422 CITY CLERK PHONE: (803) 466.8600 CITY TREASURER y. CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT FIRE DEPARTMENT PUBLIC WORKS DEPARTMENT 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (805) 466.21,41 3epbmber 12, 1989 BM Ptpk,3 oee Lar wffffw—end Donald Yar�lm 625 ft4mg Paso Robles,CA 93446 238-6992 and 461-1292 Re: Garcia Road Rnmsjon-Tree Removal pezmtt Applications Dear Mr. Pippfa: Tbaak You affi your arborist Jack H rezenl far taking Henry Emmen, Rudy Rossi,Pani sans---0h dad myself b th ant e proposed Garcia Road ezbnaion site on Friday,Ant 26. On Frfdgy, ve vent ant b look et the origianl road layout and tree removal pleas,as veg as a pmp and ahaia&v mad O%Mnent vbich vould avoid *a removal of as may lame • and healffiy oak trees. I haus sand the oxfaal plan for the=soraction of Gahan Road vbich would We in the removal of 166 and impact to 159 othan and have also seen the proposed MApment of the mad in atv mpb b save more tams. I also tmdus%md tont the Sat aliPmmm smwyed vas from the odanl colony system, and t Att the pmpased al matftre Wald very only s%hdy fmm this or kond layout,and would 3%b*affect to public 41ht-oi vay and lot]boas tont are amendy marded. Needless b say, the 4,i r m a bg nmera, vbiah appem b remove • appromaly 27 trees ad only Impact 5 or 6', *Cordbg to arborist Jack Braze, is cba*the prefeaad alignment. Fmftr, I mteatead yon are viltig end bg&Uy able b affect a rashest d=qh we of a re-subdtvbi m Alt mo!Isis btbr cbnoaas a fev veeps afbr our vbit,I do Mat that you voik on a resubmission of the albm &e mad *=w and relabd true removal panmntt and tme protist rL Alen tffit vs diacasmed in the &H. From our pbone conveaad=,I rmdeabnd that you have begmn that vmk. Because the loss of some tmes v2 oc c ul, dad accord ft a the vornX and spect8catbrn in the aadiaanx, tt vin be required that aIl trees that are z be removed be repleted vith Me species. I vin be able to bele you bcab same somas for the proper replacement trees,end give you some tafoameton about pthat could help in theme survival. t • Owe agnia,hank you for your assistance on Fldday. Pmcedm%4,rise nW stip is to present yomr road kaprovement ad UN pmtictba pmn,acc=pmkd vfth an environmentil desc**m foam b city steuff. Idaudytog bcatiom for pkmbg vould also be part of the MAI uee pmtictbn plan and removal applf:dM, ad I would tike b assfst YOU vith this. I would also tie b assist you in locating sources for move repbcemem trees vbm tm time comae. Once the soeff has stladbd YOm fit,toy vM bibg the tree mmoval app&xWn b cjy comcil. Upon tbebr approval, cft9 stiff vin be able b give you the nxewuy pew so YtM Can trot b work. The city vaats b be&some bug-time studies on the ft"of Ateacadero (b inspect rise bm tth and no bov old some of Un trees redy ate)aad I van bopiag riser you vould be vgmg b ate. Wben you get the approval b go ahead vft the pmJect, vould you be vMft b bele us vith ooDeatiag this bhnooasW For every as that Is tigged and numbered for removal,could ve w=a bodmutel slice of die trunk at dbh(di MO%r at breast height vhich his 4' 10' - b be used for dX counting. It vould be easiest b record this infon zdm in the field iu the barba of the tree removals. Thank you for your time and patience in this appbcatbn process. I appreciate your concern for ny tg as mach of the native babw as possible vb'le stM trying b compbti your vmk. • Lia LC. Schic]uxr City Arboido6 restir cc: ft"Decamp lW f PIPPIN- POWELL - A r"r7"'I x:I The Real Estate Company �S T0: Community Development Department RE: Road Alignment of Garcia Road An alternative road alignment has. been discussed with staff which would alleviate the need for removal of a majority of the oaks required by the existing road improvement plan. A meeting was held at the site on August 26, 1989. Present at the meeting were the community development director, the public works director, the senior planner, the city tree arborist and a city environmental consultant as well as the tree arborist for the owner. At that meeting it was proposed that a realignment of the physical road (accomplished by a widening of the dedicated easement) would probably reduce the amount of trees to be removed to approximately 27 and reduce the amount of impacted trees to 5 or 6. This proposed realignment was agreed upon by all parties to be a substantial improvement and the owner would be willing to consider same. C 7695 EL CAMINO REAL- P.O. BOX 1750 - ATASCADERO, CALIFORNIA 93423 - PHONE 805 466-3366 ❑ 626 SPRING STREET- P.O. BOX 186, PASO ROBLES, CALIFORNIA 93447 - PHONE 805 238-7373 A Division of Ra pty Corp. ADMINISTRATION BUILDING taseadei a 6300 PALMA AVENUE ATASCADERO, CALIFORNIA 9322 PHONE: (805) 466.8000 POLICE DEPARTMENT AINCORPORATED JULY 2. tY79 8300 PALMA AVENUE CITY COUNCIL ATASCADERO, CALIFORNIA 0. 2 CITY CLERK PHONE: )803) 166.8600 CITY TREASURER CITY MANAGER -�. ADMINISTRATIVE SERVICES DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT FIRE DEPARTMENT PUBLIC WORKS DEPARTMENT 6003 LEWIS AVENUE PARKS AND RECREATION DEPARTMENT ATASCADERO,CALIFORNIA 93422 PHONE: (803) 466.2141 November 7, 1989 Pippin-Powell Attn: Don Vaughn P.O. Box 1750 Atascadero, CA 93423 SUBJECT: Road Alignment of Garcia Rd. Dear Mr. Vaughn: Your letter (received on November 3, 1989) is an adequate summary of the previous actions on the alignment of Garcia Rd. • The staff agrees that the proposed realignment is a favorable alternative due to its lesser impact on the native trees . The next step is the submittal of complete road improvement plans . The staff will then conduct its environmental review (using the environmental description form that was submitted) and prepare a recommendation for City Council action. The road improvement plans should contain the following: 1 . Tree protection plans approved by a certified arborist. 2 . The combination of the 190 foot radius curve with the adjacent 560 foot radius curve to provide a single radius curve. 3 . Since much of the road is near the center of a drainage swale, the plans will have to demonstrate adequate methods for drainage and erosion control. 4 . Provide sheet 1 on all sets of plans . 5 . Comply with the attached road standard cross section. • • If you should have any questions regarding this matter, please call this office or the Engineering Division for assistance. Please submit the road improvement plans to the Engineering Division of the Public Works Department . Sincerely, Doug Davidson Associate Planner DD:dd Encl . Road Standard Section • November 10,. 1989 Community'Development Dept. • 6500 Palma Avenue Atascadero, CA 93422 attn: Doug Davidson RE: Road Alignment of Garcia Road Dear Mr. Davidson: I received your correspondence dated November 7, 1989. After a couple of calls I felt writing you would be appropriate. Your letter is well received by the property owners. Everything discussed and considered is a common sense approach to all concerned. It is my understanding that your office or the Public Works Department has complete road improvement plans for the construction of Garcia Road in the existing right of way. Also it is my understanding that your office has a tree preservation plan and all the necessary reports to place this project on the City Council agenda for their consideration. As per your November 7th letter, City Planning staff conceptually agrees with the new Garcia Road alignment. You indicated in order for staff to prepare a recommendation for City Council action regarding this realignment, complete road improvement plans including the 5 items listed • in your letter need to be prepared by the property owners. It is my understanding that when the City Council considers this new information they have the opportunity to review and give input to the proposed realignment as well as the proposed tree protection plan. It is the property owners position that this project should be placed on the City Council agenda so they would be given the opportunity to .review the existing road improvement and tree protection plans since all this work has been completed and submitted to the City. I would hope that in conjunction with this review, your staff and the property owners would be given the opportunity to report to the Council on the meetings and efforts put forth to realign Garcia Road to lessen the impact of the native trees. LTheultimategoal would be to obtain a conceptual agreement of the realignment from the Council subject to final approval of road ovement plans, tree protection plans, etc. As indicated in your letter, staff looks on the realignment as "a favorable alternative" to thq road being built in the existing right- of-way. The property owners also agree with this concept. Unfortunately, in the property owner's opinion, the City Council has not in the past made it a practice to necessarily follow staff recommendations regarding land issues. In the property owner's viewpoint it would not be acceptable spending thousands of dollars completing new road improvement • c • y L , • Plans, tree. protection plans, etc. without having City Council in and tentative approval of the realignment of Garcia Road. Put Therefore, with your assistance, the property owners wish to submit the existing tree protection plan with reference to a proposed alternative to mitigate the impact to the native trees. Please let me know of any questions you may have or what you will need to accomplish getting this project on the CitT Council agenda. ery truly yours, Donald K. Vaughn i J Donald K. Vaughn t 7695 "B" E1 Camino Real Atascadero, CA 93422 466-4140 December 7, 1989 Community Development Dept. 6500 Palma Ave. Atascadero, CA 93422 Att: Doug Davidson RE: Garcia Road Improvements Dear Mr. Davidson: It is my understanding that Conrad Langille and Bill Pippin were in your office during the week of November 27. Their discussion with you was regarding my November 10, 1989 letter about placing this project on the City Council agenda. I believe they brought to your attention that an application for this project was delivered to your office on July 27, 1989. Obviously, they were displeased with the time involved in moving this project forward. I spoke with Gary Sims from the Engineering Department yesterday, He indicated to me that he has the engineering plans for improving Garcia Road in the existing right of way. He also indicated that he does need some further corrections on these plans. Our discussion centered on that it would be futile to make these corrections since the property owners do not intend to build this road in the current right of way. He suggested that he would speak with you to get a determination on having the City Council consider this project, within the scope of my November 10 letter, without having an approved set of road plans for a road that will not be built. After your discussion with Mr. Sims, please let me know of the results so the corrections can be completed and/or of anything else you may need to procure a presentation to the City Council. Very truly yours, Donald K. Vaughn cc: Gary Sims • f REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: Through: Ray Windsor, City Manager Meeting Date: 1/23/90 Via: Henry Engen, Community Development Director yo/. From: Lisa Schicker, City Arborist ,S- v3 S SUBJECT: Consideration of a request to remove 160 native oak trees, 13 of them with heritage status , and to impact an additional 159 native oaks for road improvements for Garcia Road extension in the existing right of way, by Conrad Langille, Bill Pippin and Donald Vaughn of 625 Spring Street, Paso Robles . RECOMMENDATION: . Based on the knowledge of existing alternatives that would imurove the proposal and reduce the number of trees to be removed, I recommend denial of this application. Please see additional comments in analysis section of this reuort. STATUS OF ENVIRONMENTAL REVIEW The attached document, labeled initial Study, has been prepared by the planning department to accompany this heritage removal application. BACKGROUND : The tree ordinance specifies that live native trees 20" or greater dbh (measured 41 above grade) are deemed heritage trees and cannot be removed' unless approved by the City Council following a public hearing. The proposed road construction for Garcia Road involves a significant level of tree removal, including native species of oaks (Quercus lobata, douglasii and agrifolia) , some that are having problems regenerating in California. The purpose of this road extension is to provide access to 10 lots of approximate size of 5 acres each. The road is approximately one mile in length . • According to CEQA, the California Environmental Quality Act, Governments are required to do all that is possible to reduce impact upon tha natural environment. This proposed project site was inspected jointly by co-applicant Bill Pippin, arborist Jack Brazeal, Community Development Director Henry Engen, Public Works Director Paul Sensibaugh, Oak Consultant t Randy Rossi and myself in mid-August, 1989 . ANALYSIS: During the visit to the proposed roadway, several ways to slightly alter the alignment of the road were discussed that would avoid the removal of so many trees . Because staff is being asked to comment on the original application, a strong recommendation for denial is given, as all parties involved are aware that other alternatives are feasible. When a revised resubmittal of this proposal occurs, the following items need to be addressed: The arborist needs to clearly delineate what is meant by "impacted" as the word is used in the report; i . e. does impacted mean affected by pruning, grading, cuts and fills nd if s , how much? ) or by the possibility of additional shoulder arequirements , etc . This term is not specific enough to determine whether these trees would actually survive Construction of the roadway. Tree protection measures must be specified ( i . e . fence type, size and location) and drawn oil the plans to allow for compliance. Currently, trees are identified on the plan by size, but should also be identified by number and tree protection measures should be evident on the plans . Discussion of replacement trees is absent from this application and should be included with a re-submitted plan. Attachments : Application ' Site Plan Arborist report Letter sent to applicants September 12, 1989 Initial Study - Environmental Review CC Conrad Langille • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: Through: Ray Windsor, City Manager Meeting Date: 7/10/90 Via: Henry Engen, Community Development Director From: Lisa Schicker, City Arborist SUBJECT: HERITAGE TREE REMOVAL REQUEST - GARCIA ROAD EXTENSION Consideration of a request to remove sixty nine trees (ranging in size from 411- 24" dbh Quercus lobata and Quercus agrifolia) and impact seventy five others (ranging in size from 4" - 24" dbh same species as those removed) for the purposes of road construction for the extension of Garcia Road by applicants Bill Pippin, Don Vaughn and Conrad Langille. The oaks are located in the proposed roadbed ( and in the swales and cut and fill areas) designed to access ten buildable lots . • RECOMMENDATION: Based on the arborist' s report and the existing Tree ordinance, recommend approval of the removals and accept Applicants ' proposal to donate to the Tree Replacement Fund based on a one for one replacement ratio. Please see additional comments and details in analysis section of this report. The recommended replacement fee is a maximum of $15 , 000 . BACKGROUND : The Tree Ordinance specifies that live native trees 20" or greater dbh (measured four foot above grade) are deemed heritage trees and cannot be removed unless approved by the City Council following a public hearing. An ' ginal removal request came before City Council on January 23 1990 . The original request was for the removal of 160 t es . he kation was denied because all parties were aware that alternatives that caused the removal of fewer trees existed. This report describes one of those alternatives . The site has been posted and the center line of the proposed roadway has recently been staked with lath stakes painted orange. Trees to be removed have been marked with red flagging tape and trees that will be impacted are marked with green flagging tape . The trees were inspected by ISA certified arborist Jack Brazeal and the City Arborist on several occasions . Mr. Brazeal has created a color-coded map describing the situation that can be used for field inspection. Applicant Don Vaughn is available to guide council members through the project and can be contacted at 466 - 4140 . The color-coded map shall be made available for field visits and can be found in the City • count when determining replacement costs . Trees that may be saved with minor adjustments to the shoulder: Depending on engineering and environmental review, an additional 3 heritage and ten trees of lesser size could also be saved. If this were possible, the final tally of trees would be calculated in the field after construction was complete. These trees would then be classified as endangered and treated as such. Recommended Replacements : All trees to be removed and all trees that are listed as endangered shall be replaced through Tree Fund Fees . Approve the request for removal of these trees and accept replacement fees based on the following formula: One for One replacement ratio for those trees that are to be removed. ( 69 trees) (This would be reduced if minor changes were permitted in road building standards (to reduce shoulder width in areas of healthy trees . ) One for .Five replacement ratio for those trees that are significantly endangered by cut and fill activities - it is quite likely that these trees will not survive the next five years . ( 30 trees/5 = 116 replacement trees" . ,1 J ' The current rate we have been asking for replacement costs is lowe than the actual cost for replanting a tree by today' s figures and do not include expenses involved with fencing, soil amendments , fertilizer and/or maintenance and watering. Furthermore, the cost of the trees being removed are significantly higher, recent studies have shown that the cost of a city tree with a fifty year lifespan ranges from $57 , 000 to $162,000 ! we have been asking that $100 per tree be charged, while the going replacement rate is somewhere in the range of $150 -, $600 per tree, depending on conditions (according to City of Thousand Oaks , Visalia and San Luis Obispo) . Therefore, I am recommending that Council accepts a bottom line replacement amount of $200 per tree. (The total replacement costs = 69 trees removed + 6 endangered trees for a 5 : 1 replacement ratio = 75 trees * $200 = $15 , 000 . Again this amount could be less, dependent on the final tally of trees removed. ) For a complete discussion of replacement costs for tree removal, please see the memo entitled "A Proposal for Interim Tree Replacement Standards" that has been prepared for tonight' s City Council Meeting. Attachments : Vicinity Map Garcia Road Extension Location Map Environmental Review Tree Removal Application and Report by Arborist Jack Brazeal CC North County Realty - Pippin and Langille Don Vaughn Jack Brazeal • C - • Virginia Powers, 7505 Carmelita , read are ar - p p ed statement ( see C::hiSiL A) stressing that the $200 cost per tree is too lcw. =red Frank , 3615 Ardilla, asked what the objective was of the p!-epozed interim policy. He stated that if it is to. promote the objectives of the Tree Ordinance, flexibility is needed . Discussion came back to Council . Councilman Nimmo reiterated that his initial intent of asking for an interim policy was to bring fairness and consistency; and made the following motion: MOTION: By Councilman Nimmo and seconded by Councilman Dexter to accept the staff recommendation of a 2: 1 replacement or $200 per tree; motion unanimously carried . H. HERITAGE TREE REMOVAL REQUEST - GARCIA ROAD EXTENSION ( Cont ' d from 6/26/90) Henry t=rngen summarized this request and gave staff recommendation to approve the removals and accept the applicants ' proposal to donate to the Tree Replacement Fund in an amount of up to $ 15, 000. 44 A� Lisa Schicker answered Council questions regarding possible road location adjustments which may save additional trees . Ms. • Schicker indicated that these modifications would be made on-site as in-field work changes with the Public Works Director- over aaing these adjustments . Mr . Lube reported that his department could accommodate minor adjustments , asserting that preservation of the minimum road standards would be maintained . He added that it could be very costly to require the developer to build retaining walls. Councilwoman Horgeson commended the applicant , Dori Vauqhn, for his cooperation during the field visit . r The Public Works Director respanded. to questions from Councilman Nimmo regarding road construction. Additional discussion ensued regarding the emergency exit road located at the end of the proposed extension and possible Future extension through to the freeway. The Community Development Director indicated that the basic concept was good , but that an existing property owner has objections. CC7/ 10/90 • Page 5 -- C C Nimmo expressed concern that a safety hazard may be crested by allowing construction of the emergency exit at an 19 ' width . Chief Hicks spoke in support of the road , clarifying that it would be for emergency access only and that it would have gates �-jith break-away posts on both ,?nds. He reported that the care Department has a particular interest ill the area as it re '-az2s to circulation. He stated that the road could serve as a great :aid for evacuation purposes or as a backup to the Garcia Road Bridge. Further discussion regarding the additional surveying costs the developer may incur resulting from any modifications made during the construction of the road . Mr . Luke recapped estimated costs and indicated that there seems to be no other way than to re- Sul-Vey . Councilwoman Borgeson stated that the added costs could be off-set by he monies the developer would be save in tree r-�moval costs . Councilman Nimmo stated that while he had no objections , if CCur,cil was authorizing the construction of sub-standard roads , aither oy not extending it cut to the end of tha property or narrowing the shoulders to save trees, the ;natter should be made ci_ar to all . The Public Works, Director clarified that he has been given no authorization to lessen the width of the shoulders and reiterated • that discretion will be used to sage trees if the road can be slizhtiv adjusted . Councilman Dexter remarked that staff, during the development , should lcok into the possibilities of opening up the road all the way through . Mr. Luke stated that if the Council was leaning in that direction, a condition could be added which would require design .-;ar!< for the extensiuni to be prepared and nubmi: ted at the Salim? time. [laycr Lilley asked the City Attorney if right-of-ways could be designed for future expansion of roads across properties not yet acquired . Mr . Montandon reminded Ccuncil that the issue before them was the tree removal application, but responded to Mayor Lilley ' s question as it related to condemnation. The City Attorney stated that condemnation would be the only route to acquire such access for a roadway and an improvement on the contiguous property, and further suggested re-focusing on the tree removal request . CC7/ 10/90 Page 6 -- r • Public Comments: The applicant , Can Vaughn 76950 Ei Camino Real , was present and availea 'iiinself for questions. Council thanked him for his cooperation and for showing them the ciite. The mayor asked the applicant if he :lculd have an objection to the City crediting him for any additional survey costs as a result of as-builts against the in-lieu tree fee. The applicant responded that he did not . Jack B;-azeal of Paso Robles , spoke in support of the request and stated that the applicant has made every effort to save as many trees as possible on this project . Marjorie Kidwell , 9980 Old Morro Road East , urged Council to put safety ,as the number one priority when constructing new roads and .asked L•,h:, roads have to be constructed only to minimum standards. ;•Jhitey Thorpe, 8025 Santa Ynez , expressed concern for moving a read to save a tree and asked that Council look first to the safety of the people . Dennis Bryant , 7410 Sombriila , questioned the accounting for the ma;: imurn replacement fee of 515,000. • A young resident of Atascadero spoke up asking if it is legal and co-t-effective to construct pavement around the trees as he has seen in same parking lots . The Public Works Director noted that thssP " turf blocks" are for the purpose of watering the trees . =arch Gronstrand , 7620 Del Rio Road , stated that minimum standards are acceptable. Additional staff and Ccunc ; l discussion followed . , The City Arborist advised that the topography is flat and proposed road is relatively straight . Mayor Lilley asked the Public Works Director to clarify as-built changes and whether any such deviations would jeopardize safety. . Mr . Luke responded that the roads will be designed and built according to the minimum road standards and if the road alignment can be slightly adjusted , yet still maintain the level of safety those standards reflect , such a shift will be' made . He stressed that there will no lessening of the criteria and that there is no authority to do so . He stated that the authority given _ would be to make minor modifications to the alignment of the road in order to preserve a tree in the field . Councilman Nimmo clarified that Council was then objecting to CC7/ 10/90 Page 7 . verbiage in the staff report relating to minor adjust .ents in the r-4idths of road shoulders . Mr . Luke confirmed this . MOTION: By Councilman Nimmo and seconded by Councilman Dexter that the tree remcval request be approved for the Garcia Road Extension subject to a maximum contribution of $15,000 to the Tree Replacement Fund kith the right to credit costs for- additional surveys as a result of as-builts in the field .. and with further understanding that this motion does not indicate any departure from the standard width requirements for the construction of the roadway ; motion carried 5:0 on a roll call vote. 2. RESOLUTION 68-90 —CONSIDERATION OF REQUEST TO ABANDON A PORTION OF THE COROMAR AVENUE RIGHT-OF-WAY AT 7350 COROMAR (Road Abandonment 1-90) (Charlesworth ) Henry _rtgen gave staff report with the recommendation to approve the r-esoiution, noting specific requirements of the applicant . There was no public testimony . MOTION: By Councilman Dexter and seconded by Ccuncilman Nimmo to approve Resolution No . 68-90; motion unanimously carried . C. REGULAR BUSINESS: • 1 . CONSIDERATION OF PROPOSED FINDINGS FOR DENIAL FOR PROPOSED DIVISION OF PARCEL CONTAINING APPROXIMATELY 3.4 AC. INTO TWO LOTS CONTAINING 1 . 1 AND 2.3 ACRES AT 7503 CARMELITA ( Bench ) (Cont ' d from 4/24 and 6/26/90) i-!er.r-y Engen presented the Findings for Denial and recommended adopt , Cn. There was no public testimony. Councilwoman Borgeson referred to. her previous vote on the appeal and asked the City Attorney whether or not she needed to specify which finding (s) for denial she was in opposition to when she cast her vote. He indicated that she did not . MOTION: By Councilman Nimmo and seconded by Councilman Dexter to adopt the Findings for Denial for TPM 2-89 (Bench ) ; motion carried 4 : 1 with Councilwoman Borgeson voting against adoption. CC7/10/90 Page 8 - • J ADMINISTRATION BUILDING 9500 PALMA AVENUE At�lmw ascade�®ATASCAO[RO,CALIFORNIA 931229iPHONt: (9054"-9= CORPORATED JULY 2. 1971 ATASCPOLICE OEPARTMENI 9500 PALMA AVENUE CITY COUNCILAOERO.CALIFORNIA 93122 CITY CLERK PHONE: (903) 199.9900 CITY TREASURER CITY MANAGER +• ADMINISTRATIVE SERVICES DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT FIRE DEPARTMENT PUBLIC WORKS DEPARTMENT 9005 LEWIS AVENUE PARKS AND RECREATION OEPART14ENT ATASCADERO,CALIFORNIA 93122 PHONE: (905) 199.2111 July 16, 1990 North Coast Realty c/o Bill Pippin 625 Spring Street Paso Robles, CA 93446 SUBJECT: Heritage Tree Removal Request - Garcia Road Extension Dear Mr. Pippin: At their- regular meeting held July 10, 1990, the Atascadero City Council conducted a public hearing concerning your request to ramove 69 trees for the purposes of road construction. Upon • review, the Council approved the request subject to an in lieu donation to the Tree Replacement Fund of to $15,000 . The final amount will be determined based on the final tree removal tally {as determined by the City Arborist} less the cost incurred by you for additional survey work in relocating the alignment. we appreciate your patience and efforts to redesign this project. The trees may be removed on approval of the road improvement plan. If you should have any questions, please contact the City Arborist at 461-5090 . Sincerely, Henry E yen, Director Commurnity Development- JCC: Donald Vaughn Conrad Langille Greg Luke, Public works Director copy MEMORANDUM • TO: File FROM: Danny Hillstock September 17, 1990 Engineering Technician II SUBJECT: Garcia Road - Tree removal count During the protect grubbing stage, an actual count of trees removed over Four (4) inches in diameter was made on Garcia Road . On August 30 1990, Forty-Fcur C44 fallen trees were counted . On September 4 1990, an additional Forty-one C41) tree stumps were counted bringing the total to eighty-Five CSS) . The guidelines For those trees removed were the grub stakes set by Twin Cities Engineering . Slope stakes are now being set, clearly deFining the cut-banks and more trees will need to be removed. Gary Roberson has requested to remove these additional trees so that he may continue work . The tree removal is expected to exceed the estimate given to City Council . Danny Hill cc Engineering Technician II I ccncu with this inspection report . Gary Roberson - General Contr actor, License Number, 50837' • _ D (? IP � O MEMORANDUM • I TO: File FROM: Danny Hillstcck September 19, 1990 Engineering Technician II SUBJECT: Garcia Road - Tree removal count On September 17, 1990, City staff was requested by Gary Rcberson to aporove the removal of additional trees an Garcia Road . These trees were identified after the project 's slope stakes were set and were determined to be in the area of construction. On September 18, 1990, an actual count of the additional trees removed over four (it) inches in diameter was made by Gary Sims . Fourteen C14) Fallen trees were counted by Mr . Sims that day . On this day I have counted an additional six C6) trees . This brings the total additional trees removed to twenty C20) . There are three C3) more trees that are clearly inside the construction affected area . Gary Roberson has requested that these trees be allowed tc remain until the roadbed is cut in . This is to help determine if the trees can be saved . • Danny Hi s ck Engineering Technician II r Sims Sen' r Civil Engineer I concur with the tree taunt as represented in this inspection report. Gary Roberson — General Contractor, License Number SO8374 • I MEETING AGENDA DAT l0 ,20 ITEM# • CARLT0N SQUARE A T A S C A D E R 0 September 20, 1990 Honorable Mayor and Council Members, The Carlton Hotel has long been a landmark in downtown Atascadero. Its location at the intersection of Highway 101 and Traffic Way dictates that it should be an important contributor to the daily lives of the citizens of Atascadero, as well as visitors throughout the area. In order to accomplish this, we propose a revitalization of the existing building which will restore the essential character of the facility, including its utility as a commercial/retail mini-mall. The ground floor, which has always been retail, will remain so but in a different, more exciting way. Instead of typical store- front spaces--street to alley--we propose an intimate retail village with an interior pedestrian circulation. Access to the mini-mall will be from both major streets, El Camino Real and Traffic Way, as well as a refurbished pedestrian alley- way to connect to other streets and parking. Open to the sky and covered by a glass roof, the central atrium will become the village square--Carlton Square--and will act as the crossroads of the pedestrian access. A variety of commercial and retail outlets are intended to offer a unique blend of goods and services. The goal is to create a harmony of interests to hold and entertain visitors in an intimate, enclosed, pleasant-year-round environment. The old hotel will be renovated into 48 efficiency singles apartments. The apart- ments are intended to be completely self-contained, featuring a kitchenette, bath and living space. This kind of housing is intended to provide a style of living not now available to local residents and could well appeal to a mix of seniors, students, singles, the handicapped, and even professional persons whose interests and desires related to housing do not necessarily conform to the conventional. Available to such residents will be a sun deck, as well as laundry facilities, all accessed from a public lobby on the ground floor. One of the goals of the Down- town Master Plan which we heartily endorse is to inject more vitality in the down- town by encouraging pedestrian circulation. In our opionion, the combination of residential over retail is a way to enhance this. Given the condition of the current building and its non-conformance with. many of • today's codes, particularly its structural soundness regarding earthquakes, a great deal of reconstruction will have to be undertaken. All interior walls will be stripped and repaired as required. All electrical wiring will need to be re- placed. There will be a new fire sprinkler system, new fire escapes, water lines, and other plumbing for the facility, as well as a brand new water heating and cooling pump system. The basic building structure will be redesigned to provide for the necessary lateral load force resisting system required by today's codes. All exposed exterior surfaces will be redone, intended to bring the old Carlton design back to its original look. Finally, we will be constructing a steel- framed skylight to cover the first floor courtyard in order to illuminate the various commercial/retail areas. We believe the project we propose is in keeping with both the original intent of the building as well as the goals of the Downtown Master Plan revitalization. We sincerely believe we can provide a project that the community will be proud of, and we are willing to make the kind of investment necessary to accomplish this. However, we must be totally up front with the City in saying that this project cannot be undertaken without the City's cooperation. Specifically, we refer to the issue of parking. The current parking belonging to the Carlton Hotel is zero spaces. With the completion of the project we have outlined, we will probably need somewhere around 48 spaces. (This presupposes that the current requirement of 1-2 spaces for a one-bedroom apartment witll be reduced either by the Master Plan or through negotiation and that the current zero allotment required for the original building related to commercial activity will be grandfathered in as a legal non-conforming use.) We must be totally candid with the City in saying that if we have to construct additional parking area, even to the extent of 48 spaces, the project will become financially infeasible. We are, therefore, seeking the City's assistance through its commitment to assure that, at such time as our facility is available for public use, the downtown area will have sufficient parking spaces necessary to accommodate any shortfall resulting from the completion of our building. To this end, we would reference Chapter 4 of the proposed Downtown Master Plan re- lating to various means to accomplish additional parking, including the extension of on-street parking on Entrada Avenue, the Traffic Way parking lot now funded and soon-to-be constructed, the potential for some additional midblock parking area, etc. With the potential for the adoption of new parking standards for downtown, which would, hopefully, reduce the ratio of parking throughout the areal together with the implementation of the various alternatives suggested in the Master Plan, we would like to believe that this would more than fulfill the parking requirements for a project like the Carlton Village restoration. In the event the City believes that our proposal has merit and can see its way clear to participate in the manner that we have outlined, we would like to ask that a letter be prepared in behalf of the City Council indicating that the City will, in fact, ensure that adequate parking will be available for our project after its completion, scheduled for 1992. With such a commitment, we are con- fident that the necessary financing for this project can be assured and work can begin in early 1991. On behalf of Project owners J sef and Jan nito 1�• W•t t tOAVN S __. M. William Schott AIA, Architect Prop et, oject Manager orman J, on Jr. , esi ent Norman ,_INdrton Construction, Contractor MEETING O AGENDA - DATE_.______/9/90 C3 REMJ M E M O R A N D U M • To: City Council From: Ray Windsor, City Manager /'f" Subject: Pride Days Date: September 28, 1990 Commencing October 5th and continuing every other Friday thereafter from 7 a.m. to 9 a.m. , Department Heads will undertake a weed & debris removal program on and around our major commercial thorough- fares . This program is a response to the recent editorial by Lon Allan relating to the condition of some areas of the community and the negative image it portrays . Precise details of the program are yet to be finalized, but essen- tially it will work like this : Anyone wishing to join with the managerial staff will report to the Headquarters Fire Station at 7 a.m. on each alternate Friday ( in appropriate attire) . Trash bags and other tools and equipment (gloves , etc . ) , as necessary, will be dispensed. Then, individuals will report to the assigned area • for that day which will be identified at the station . Experience has shown that best results ( at least as far as keeping • enthusiasm going for the program) occur when people work in pairs; however, this is strictly a question of -preference . While two hours may seem a very short time span for any given day, it must be born in mind that individuals expect to return to work within a reasonable time frame. More important, though, is the fact that, psychologically, a too heavy commitment of hours at any one time can and does lead to an erosion of interest rather quick- ly. Our hope is that, through our example, other people will want to participate in this program, particularly local business people, service clubs and, of course, other public officials . And I be- lieve they will if they know that we are serious and willing to put in time and effort on a consistent basis . Ultimately, our desire is to generate enough interest and pride throughout the community that we can establish a more comprehen- sive, ongoing clean-up program along the lines of the Caltrans Adopt-a-Freeway Project, except ours would, hopefully, encompass a block or a neighborhood. In this regard, we would seek the backing and participation of the local media in order to generate interest and involvement by the community. While I am hesitant to make too much out of something like this , • at least until we have a pattern established and some tangible results , I do think it is important for Council to acknowledge the initiation of the program and give its blessing to our efforts to show we really do care about our town. RW:cw c: Department Heads Media REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-4 Through : Ray Windsor , City Manager Meeting Date: 10/9/90 From: Mark Joseph , Administrative Services Director SUBJECT: Hearing Date for Mandatory Solid Waste Pick-up . RECOMMENDATION: Staff recommends Council set a date and time for a Public Hearing for Mandatory Garbage pickup and related solid waste issues. BACKGROUND• A Public Hearing is needed to allow public comment on the issues noted above. Given the sensitivity of the issue, a separate Council Hearing in November is suggested ; alternatively, the issue could be agendized for the first regular Council session in November (November 13, 1990 ) . MEETING AGEN5A - DAT 10 9 o ITEM N D-1(A) (Committee Reports) ACTION SUMMARY - CITY/SCHOOL COMMITTEE Thursday, September 27 , 1990 - 1 : 30 p.m. City Manager' s Office, Room 207 ROLL CALL: Present were A.U. S .D. Boardmembers Orville Horst & Sue Molle; ,Ernie Taylor, Business Manager; Dr. Anthony Avina, Superintendent; Coun- cilmen Bob Nimmo & Rollin Dexter; Henry Engen, Dir. of Community Development; Greg Luke, Dir. of Public Works; Andy Takata, Dir. of Parks, Recreation & Zoo; Ray Windsor, City Manager; Supervisor David Blakely 1 . DARE Program Funding Status : Dr. Avina indicated that all was well for the current fiscal year. However, he felt that it would be in everyone' s best interests to review the situation next March or April, well in advance of the 1990-91 fiscal year. 2 . Traffic Way/Olmeda Safety Factors : Andy Takata reported that the improvements seem to be working and his staff will contin- ue to monitor for the immediate future. The discussion then turned to the new three-way stop at San Anselmo & Monterey. It was decided that City staff would also add a row of "Bott' s dots" as an added warning factor because of the sight dis- tance . Greg Luke will follow through. 3 . Joint Powers Annual Board Meeting: Andy Takata reported on the JPA as it relates to the swimming pool, indicating that overall the program for this summer. was successful and that he would be getting a wrap-up analysis for the City Council and School Board. There was some discussion about the need to begin thinking about either improving the existing pool or replacing it. Andy will work with Ernie Taylor to develop some cost estimates to accomplish this . Dr. Avina raised the issue of additional tennis courts as a possible joint project. The letter from the Atascadero Tennis Club was referenced, but it was pointed out by Mr. Taylor that, even with their contribution, this would nowhere meet the cost to renovate the four existing courts . Further review of this issue will also continue. 4 . Community Center Planning: Andy Takata indicated that several months of attempting to locate a possible site and facility which could be utilized for this purpose has resulted in a conclusion that it would not be cost-effective to involve a site off the school campus . Dr. Avina indicated he agreed with this, and it was the consensus of the committee that we should begin the next phase of the project feasibility based on the assumption that the facility will be on school grounds . Andy will meet with Ernie Taylor and others, as necessary, to begin to develop the scope of the facility based upon the minimum needs of the School District and the community. Once this is done, we will then be able to project a range of min- imum/maximum costs . 5 . School District Tax Increase Ballot Measure : Dr. Avina and Ernie Taylor presented some information related to this proposed ballot measure in November and underscored the importance of this item as it could relate to the future development of a new gymnasium/community center. Later on in the meeting, the question of fiscal problems came up again, related primarily to the most recent State budget and the leg- islation allowing counties to charge an administrative fee for processing property tax payments . As a result of this , there was consensus that Councilman Bob Nimmo would contact Senator Ken Maddy' s office to attempt to arrange a meeting between representatives of the County, the School District and the six cities . Ray Windsor indicated that he would work with Mr. Nimmo and notify everyone involved if and when such a meeting can be put together. 6 . Letter From Shari Lees Regarding Bussing: Ray Windsor indica- ted that the City had been copied with this complaint/request for additional student transportation and asked that Dr. Avina provide a copy of his response so that it could be distributed to the City Council . 7 . Creekway Pedestrian Crossing Status : Greg Luke presented three designs, all based upon a minimum low-profile crossing which, over a 10-year storm condition, would probably have to be repaired and/or replaced. Concern was expressed by the School District about the "attractive nuisance" nature of the proposed project and whether or not it might create more prob- lems relating to children than it would solve. Greg was asked to provide copies of the designs for the School District so that this could be discussed at the Board level and a recom- mendation brought back through this committee to the City Council . As a companion item, Henry Engen asked if it would be possible for the School District to consider providing an encroachment to the bowling alley for the construction of an outside patio deck. Dr. Avina indicated that this would be reviewed and that he would get together with Mr. Engen and Gaylen Little to review the area in question. 8 . Addition of Supervisor Blakely to the City/School Committee : David Blakely indicated that he was interested in creating an ongoing dialogue with the School District and the community and felt that the existing committee would be the vehicle to accomplish this . It was the consensus of the committee that Supvr. Blakely would be invited to future meetings and, there- fore, added to the mailing list. 9 . Adjournment : The next regular meeting of the committee should be 1 :30 p.m. , Thursday, October 25th. However, it was pointed out that this week conflicts with the League of California Cities Annual Conference and the absence of the City Manager. It was , therefore, suggested that the next regular meeting be held at 1 : 30 on Thursday, October 18th, in the Superinten- dent' s Conference Room. RW:cw 2