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HomeMy WebLinkAboutAgenda Packet 07/25/1989 GEORGIA RAMIREZ DEPUTY CITY CLERK • A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM JULY 25, 1989 7 :00 P.M. 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 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 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. * Any person desiring to submit written statements to the Council may do so by forwarding nine (9) copies to the City Clerk by 5 : 00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: s� All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items . A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. JULY 11, 1989 CITY COUNCIL MINUTES 2. FINANCE DIRECTOR'S REPORT —JUNE 1989 3. CITY TREASURER' S REPORT - JUNE 1989 4. TENTATIVE PARCEL MAP 21-88, 8400 ATASCADERO AVE. (Watson/ Cuesta Engineering) 5 . .� ARCEL MAP 08-87, 8660/8700 COROMAR (Silverstein/ arbieri / Volbrecht Surveys) 6. FINAL TRACT MAP 8-88, 9180 SANTA LUCIA RD. (Key/Morris / • Cuesta Engineering) B. HEARINGS/APPEARANCES: l 1. CONSIDERATION OF A REQUEST TO REMOVE A HERITAGE TREE, 5405 OLMEDA (Pearson) y / 2. APPEAL BY THOMAS McNAMARA OF PLANNING COMMISSION DENIAL OF �j THE PROPOSED DIVISION OF A 7 .0 AC. LOT INTO FOUR LOTS RANG ING FROM 1.55 TO 2.20 AC. IN AN RSF-Z ZONE AT 7000 SAN PALO (Tentative Parcel Map 7-89) (Cont'd from 7/11/89) �/3.- RESOLUTION NO. 54-89 - CONFIRMING THE COSTS OF WEED ABATE- MENT ** BREAK ** l II ` 4. CONSIDERATION OF P ING COMMISSION'S RECOMMENDATION FOR 1/LJ THE CITY COUNCIL TO PT--ON AN URGENCY BASIS FOLLOWING PUBLIC HEARING--A CR- COMMERCIAL RETAIL-DOWNTOWN ZONING DISTRICT (Requires a /5 vote of Council) (Cont' d from 7/11/89) 22- a O D 2 REGULAR BUSINESS: f, s �,1<<L 0 �S 1. CONSIDERATION OF AMENDMENT TO CITY ATTORNEY'S CONTRACT (Verbal) ® `Yt�v 2. RESOLUTION NO. 5549 - ADOPTING THE FY1989-90 PROPOSITION 4 SPENDING LIMIT RESOLUTION NO. 56-W_ - ADOPTING THE FY1989-90 BUDGET AND ' APPROPRIATING FUNDST7 REI�EL � __D? 4. AWARD SANTA ROSA/EL �IGNAL BID & AUTHORIZE CON- TRACT J� T -7 5. SELECTION OF ARCHITECT - ATASCADERO LAKE PAVILION V '7 4 6. SELECT DATE FOR INTERVIEW OF APPLICANTS TO PLANNING COMMIS- SION VACANCY D. INDIVIDUAL DETERMINATION AND/OR ACTION: • 1. City Council : A. Committee Reports (The following represents ad hoc or standing commitees. Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee (Nothing to report) 2 . North Coastal Transit (Nothing to report) 3 . S.L.O. Area Coordinating Council (Nothing to re- port) 4 . Traffic Committee (Nothing to report) 5 . Solid/Hazardous Waste Mgmt. Committee (Nothing to report) 6 . Economic Opportunity Commission (Nothing to re- port) 7 . Finance Committee (Nothing to report) S. B. I .A. (Nothing to report) 9 . Downtown Steering Committee (Nothing to report) B. Request to consider adoption of a Growth Control ordi- nance (Borgeson) 2 . City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager 3 MEETINa AGENDA ATASCADERO CITY COUNCIL MINUTES JULY 11, 1989 The regular meeting of the Atascadero City Council was called to order at 7 : 05 p.m. by Mayor Dexter, followed by the Pledge of Allegiance. ROLL CALL All Present: Councilmembers Borgeson, Lilley, Mackey, Shiers & Mayor Dexter Staff: Ray Windsor, City Mgr. ; Henry Engen, Dir. of Community Development; Paul Sensibaugh, Dir. of Public Works; Andy Takata, Dir. of Parks, Rec . & ' Zoo; Chief Bud McHale, Police Dept. ; Jeff Jorgensen, City Attorney; Mark Joseph, Dir. of Admin. Services; Cindy Wilkins, Admin. Secy. COUNCIL COMMENT Mayor Dexter commented on the condition of Councilwoman Borge- son' s daughter, Bernadette, who is at Sierra Vista Hospital recovering from injuries suffered in a traffic collision several days ago. Mayor Dexter noted that presentation of the Certificate of Ap- preciation to the C.Y.A. workers will be postponed, as its recipients are out of the area fighting fires . COMMUNITY FORUM - No public comment. A. CONSENT CALENDAR: 1. June 27, 1989 City Council Minutes 2. Resolution No. 42-89 - Supporting July 1989 as Parks & Rec- reation Month 3. Proposed time extension for TPM 12-87, 5192 Portola Rd. (Janis/Twin Cities Eng. ) 4 . Status Report on Downtown Master Plan/proposed signage for "Classic Auto Dealers & Museums" There was no public comment. Motion: By Councilwoman Mackey to approve the Consent Cal- endar, seconded by Councilman Shiers; passed unanimously by roll-call. 1 B. HEARINGS/APPEARANCES : 1. Tentative Parcel Map 4-89, 7445 Cortez Ave. - Proposed Sub- division of 8.26 ac. into four lots, with three lots at 1.5 ac. each and one lot at 3.76 ac. (Larson/Cuesta Eng. ) (Cont' d from 6/27/89) Mr. Engen gave staff report, recommending approval subject to 13 Conditions, and responding to concerns from Council at its last meeting, primarily in the areas of flooding, grading, tree remov- al, noise from the nearby railroad, the possibility of a future split of the proposed fourth lot, and proposed construction of a driveway over the existing pipeline on Parcel 1 . Related discus- sion ensued. The City' s liability exposure in the event of a future occurrence involving a problem with the pipeline was dis- cussed. Mr. Jorgensen, City Atty. , noted that construction would be subject to the pipeline company' s criteria, as well as Build- ing Code requirements; he does not believe that approval of the parcel map would give rise to direct liability to the City. Public Comment Deborah Hollowell, Cuesta Eng. , representing the applicant, responded to concerns expressed by Council . She noted that the landscape screening from the railroad was proposed by the appli- cant. She indicated that there is no limitation for construction over the pipeline other than for buildings, so the driveway can cross that easement, adding that Chevron is very willing--if not demanding--to see the construction plans, on which their signa- ture of approval is required. She requested deletion of the phrase, "including driveways" from Condition #3 (a) , since con- struction of one house is proposed at the present time, and the locations of the others are not known yet. Mr. Engen responded that he does not view that as a problem. Motion: By Councilman Lilley, seconded by Councilwoman Mackey, to approve TPM 4-89, incorporating the Conditions of Approval as set forth in staff' s report, omitting the phrase, "including drive- ways" found in Paragraph 3 (a) of said conditions; passed unanimously. 2. Heritage tree removal request for the construction of En- canto Rd. (Barnes) (Cont' d from 6/27/89) Mayor Dexter noted that "Encanto" is the proper spelling of the road (not "Enchanto" ) , which translated means "enchanted" . Mr. Engen gave staff report, indicating that since the last Council meeting members of staff and Council had toured subject site. Staff recommends that the tree removals outlined in its 2 i report be approved with the understanding that Mr. Barnes seeks to save two of the trees in question, if possible, as he pro- ceeds on detailed road engineering. Public Comment Bill Barnes, applicant, responded to concerns expressed by Coun- cil, indicating his willingness to work with the City to save as many trees as possible. Council discussed with staff the need to establish a policy which addresses the subject of adjustment of platted Colony roads to accommodate trees . Motion: By Councilman Lilley, seconded by Councilwoman Mackey, to approve the requested heritage tree removal for El Encanto Rd. , under the Conditions as set forth in staff' s report, and that tree protection requirements will be employed as a part of the development of this road; passed unanimously by roll-call. 3. Appeal by Don & Joyce Kline of Planning Commission approval of C.U.P. 3-89 authorizing establishment of a church in an RS zone at 5400 San Anselmo Mr. Engen gave staff report, including a recommendation for denial of the appeal and upholding the Planning Commission's revised conditions of approval . Discussion with Council fol- lowed. Public Comment Nick Gilman, Architect representing the applicant, spoke in support of the proposal . He clarified that the 3-year use was a concession on behalf of the applicant in order to get approval for the project--this was not intended to be limited to a 3-year use, and he noted that significant improvements are called for by the City. Rev. Vern Haynes, Applicant, spoke in support of the proposal, requesting Council consideration and fairness, and he responded to questions . It was clarified that incidental use for counsel- ling at the location is interpreted as, basically, not operating a major, organized counselling program. • Don Kline, Appellant, 5300 San Anselmo, expressed his objections to the proposal, mainly due to the potential creation of addi- tional traffic to the area, noting that San Anselmo hasn't been brought up to full arterial road standards . He presented a 46- 3 name petition from residents requesting denial of the request. He asked that Council ' s decision be based on traffic concerns, with particular attention to the rise in the road and student pedestrian safety. Jim Cook, 4130 Nogales Ave. , expressed student pedestrian and traffic concerns, including the rise in the road. He feels the absence of a left-turn lane to enter subject site will increase the potential for rear-end collisions. He also feels the prop- erty and building are inadequate for the proposed use, pointing out that he is not opposed to churches . He also inquired who will police the church to make sure the approved use is complied with. (Note: Deputy City Clerk arrived 9 p.m. ) THE ABOVE PORTION OF THE MINUTES RECORDED BY: CINDY WILKINS, Admin. Secy. i • 4 David Hunt , 4585 San Anselmo , stated he welcomed this church to Atascadero but he has sincere concerns about the location of this church . The street is used for children to be picked up by school buses and thinks there is a definite safety concern for these children. Bob Trotter , 5260 San Anselmo , said his main concern is the children who use San Anselmo . He also expressed his concerns about the drainage problems on this street during the rainy weather . He feels that the church ' s parking lot will be filled with water during the rainy season. Nick Gilman responded that the restricted times of the facility are outside of either rush hour or school bus traffic . The incidental use of this facility during day time hours should not affect other traffic problems. He agrees that the drainage problems in that area are quite strange by any city ' s experience but he recognizes that and will deal with it as requested in the staff report . Mr . Klein read his closing statement which stated : This conditional use permit shall expire one year from the date of final approval unless all conditions are satisfied and the project shows substantial progress or unless a time extension has been granted pursuant to the written request prior to the expiration date. With the amount of money that is going to be expected from this church to widen the street and do all the necessary upgrading that is being put onto this, he questions whether and how much is going to actually get done before the church comes back and asks for this extension. We could go three years and still never get all of it done that has been requested of the church . Ruth Haynes stated there are many concerns regarding the children and the school buses. During this time of the day their church will not contribute to the traffic problem. It is being made very difficult for the church to even begin. Since they have purchased the property and went in with very good intentions, and would not in any way cause the city any problem. They could have gotten petitions signed and had a large number of people show up for this meeting , but they didn ' t want to do that . They came with good intentions and are able to follow the guidelines that the City has set up and if the neighbors will give the church the opportunity and see what the church can accomplish before imposing all of these restrictions on them. They will do everything they can to enhance this neighborhood . Harley Molanex realizes that there is a traffic problem in that area but does not believe it will increase with 22 cars on a Sunday morning or Wednesday evening . He wonders if the Council or Police Department or the neighbors around the church has the right to restrict the church . Rev. Haynes stated that people have to learn to adjust . We are 5 living in a changing world. All they are trying to do is establish a nice church and hope they can all work together to make this a better community. Council discussion followed. At 9:40 Mayor Dexter asked for a 10 minute break . The meeting reconvened at 9:50 p .m. MOTION: By Councilwoman Borgeson, seconded by Councilman Shiers to uphold the appeal by Don and Joyce Kline and to deny the conditional use permit authorizing the establishment of a church in a RS zone at 5400 San Anselmo . Motion failed by 3:2 vote with Councilmembers Lilley, Mackey and Dexter voting no . MOTION: By Councilman Lilley, seconded by Councilwoman Mackey to uphold the conditional use permit with the following modifications to the conditions of approval : modification of the second sentence in 3(a) to delete "for counseling or small social service functions" . Modifying paragraph 6 of the conditions to require a 6 foot fence and modifying paragraph 5 to require a pedestrian walkway of some suitable natural material other than a sidewalk ( to be determined by staff other than concrete) along the frontage on San Anselmo . Motion passed by 3:2 vote with Councilmembers Borgeson and Shiers voting no . 4. APPEAL BY THOMAS MCNAMARA OF PLANNING COMMISSION DENIAL OF THE PROPOSED DIVISION OF A 7.0 AC. LOT INTO FOUR LOTS RANGING FROM 1 .55 TO 2.20 AC. IN AN RSF-Z ZONE AT 7000 SAN PALO (Tentative Parcel Map 7-89) Councilman Lilley said he had a conflict of interest and he didn ' t intend to participate in the discussion or to vote on this issue and asked to be excused . Staff report was given by Henry Engen, Community Development Director with the recommendation to uphold the appeal and approve TPM 7-89 based on the Findings for Approval in the attached Exhibit "D" and subject to the Conditions of Approval in Exhibit "E" . John Falkenstein, representing Mr . McNamara, answered questions from the council . MOTION: By Councilwoman Mackey, seconded by Mayor Dexter to uphold the appeal and approve TPM 7-89 based on the findings for approval with the amendments that have been made approving exhibit "D" subject to conditions of approval in exhibit "E" . (Requirement for an open space easement on lots 2,3,4 and tree protection around the oak tree on #2) . No action was taken due to the 6 • 2:2 vote (Councilwoman Mackey and Mayor Dexter voting yes, Councilman Shiers and Councilwoman Borgeson voting no ) . This will be continued to the next council meeting due to the no action vote. MOTION: By Councilwoman Mackey, seconded by Mayor Dexter to continue this until the next council meeting . Passed unanimously. Councilwoman Borgeson asked the City Attorney for a written report on the "no action" vote. Mr . Jorgensen stated that he would prepare this written report for the Council . 5. CONSIDERATION OF PLANNING COMMISSION'S RECOMMENDATION FOR THE CITY COUNCIL TO ADOPT--ON AN URGENCY BASIS FOLLOWING PUBLIC HEARING--A CR—D COMMERCIAL RETAIL—DOWNTOWN ZONING DISTRICT (Requires a 4/5 vote of Council ) Staff report was given by Henry Engen, Community Development Director . Council discussion followed . • MOTION: By Councilman Lilley, seconded by Councilwoman Mackey to continue the meeting past 11 p .m. Passed unanimously. Council discussion followed . John Himes, president of the BIA, stated that they feel it is not an emergency but that study of changing of the zoning has merit and should be looked into in the future. Their main concern is that an excellent consultant has been hired and hopefully he will come forth with a very nice and workable plan and the City will adopt something and would like to see the consultant have a chance to bring forth what he feels is good rather than us trying to intercede before he has a chance to do what he is being paid to do . Bob Nimmo said he didn ' t see what threatens the public health , welfare or safety of the people of Atascadero . The people most affected by the proposed ordinance ( the BIA, the Chamber of Commerce) are opposed to this Urgency Ordinance as well as Atascadero 2000 and several other groups. He urged the Council to proceed cautiously on this matter . Whitey Thorpe spoke against an urgency ordinance. He asked the Council to leave it in the hands of the consultant . Lon Allan spoke against the urgency ordinance. He expressed his concern about excluding businesses that would require the need for satellite dishes or antennas. 7 0 Further council discussion followed . MOTION: By Councilwoman Mackey, seconded by Mayor Dexter to continue the public hearing and direct staff to draft an urgency ordinance prohibiting the identified uses in the downtown area. Passed by roll call vote 4:0: 1 with Councilman Lilley abstaining . C. REGULAR BUSINESS: 1 . SET MEETING DATE FOR CLOSED SESSION FOR INSTRUCTIONS TO STAFF AND NEGOTIATOR ON BARGAINING POSITION RE: SALARY STUDY City Manager, Ray Windsor , asked that this item be continued to the next regular Council meeting . MEETING ADJOURNED AT 11 :40 P.M. TO A BUDGET HEARING ON WEDNESDAY, JULY 12 AT 3 P.M. IN THE CLUB ROOM. MINUTES RECORDED BY: BOYD C. SHARITZ, CITY CLERK PREPARED BY: GEORGIA RAMIREZ, ACTING DEPUTY CITY CLERK 8 0 MEq-LLI NAGENDA gam# .... .r CITY OF ATASCADERO • SCHEDULE OF DISBURSEMENTS FINANCE DIRECTOR` S REPORT FOR THE MONTH OF JUNE, 1989 DISBURSEMENTS Hand Warrant Register for June, 1989 10 ,345.08 06/02/89 Accounts Payable Warrants 74 ,966. 81 06/09/89 Accounts Payable Warrants 124,143. 42 06/16/89 Accounts Payable Warrants 34,770.29 06/23/89 Accounts Payable Warrants 105 ,966.01 06/30/89 Accounts Payable Warrants 169 , 354.69 Service Charge-Mastercard/Visa 5. 00 Wires for June 1,477,255.55 06/07/89 Payroll Checks #46289-46425 108,444.21 06/21/89 Payroll Checks #46426-46562 105 ,898. 04 Total 2 ,211,149.10 LESS: Voided Check #46583 28.50 Voided Check #46544 50. 00 Voided Check #46676 40.00 Voided Check #46169 296. 07 • Voided Check #46498 2 ,142. 88 Total Disbursements 2,20'8,591.65 I, MARK A. JOSEPH, do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. The breakdown detail on all accounts is available for your viewing in the Finance office. MARK A. JOSEPH Administrativeer ices Director • M€Ef1 , AGENDA 3 �......-- CITY OF ATASCADERO SCHEDULE OF CASH RECEIPTS AND TRANSFERS IN TREASURER' S REPORT FOR THE MONTH OF JUNE, 1989 CASH RECEIPTS: Taxes : Property Taxes 124 ,843. 84 Occupancy Tax (3 ,353. 66) Sales Tax 135 ,995. 85 Motor Vehicle In-Lieu 69,728. 98 Cigarette Tax 3,281. 33 Homeowners ' Relief 22 ,246.19 Miscellaneous Taxes 391.26 Gas Tax 57 ,707. 88 Sanitation Fees 38,511. 34 Licenses/Permits/Fees 89 ,166. 65 Franchise Fees 8 ,997. 88 Fines/Penalties/Overages 1,947. 73 Investment Earnings 44 ,422.21 P.O.S.T. Reimbursement 5 ,864. 78 School Resource Officer 3 ,153. 18 Sales-Maps/Publications/Reports 529.20 Rents/Concessions 143. 27 Police Services 606. 35 Parks and Recreation Fees 18,544. 30 Traffic Safety 12 ,426.41 Local Transportation 100 ,479. 00 Development Fees 45 ,168.54 Zoo Reserve 75.00 Assessments (Districts 3 , 4 & 5) 4 ,249.42 Zoo Receipts 7 ,827. 49 Amapoa-Tecorida 2 ,460.16 Miscellaneous 2 ,305.58 TOTAL CASH RECEIPTS 797,720.16 OTHER CASH RECEIPTS: Refunds 9 ,043. 87 Bail/Refundable Bonds 1,140.00 Reimbursement to Expense (2 ,394.63) TOTAL OTHER CASH RECEIPTS 7 ,789.24 CITY OF ATASCADERO CASH ACTIVITY SUMMARY TREASURER' S REPORT FOR THE MONTH OF JUNE, 1989 BEGINNING CASH RESOURCES 7 ,306 ,459.53 ADD: RECEIPTS 805 ,509.40 FUND TRANSFERS 1,600 ,000.00 LESS: CURRENT YEAR REVENUE RECEIVED JULY 167 ,605.01 DISBURSEMENTS 731,336.10 FUND TRANSFERS 1,600 ,000. 00 ENDING CASH RESOURCES 7,213 ,027. 82 SCHEDULE OF CASH RESOURCES Int. Due AS OF JUNE 30 , 1989 Rate Date Checking Account: Mid-State Bank 197,430. 88 Certificates of Deposit: Butterfield Savings 99 ,000.00 9. 95 07/11/89 First Cal Savings 99 ,000.00 10. 38 08/22/89 . Other Investments: Local Agency Inv Fund 3,900 ,000.00 9.20 N/A Fed Home Loan Bank Discount Note-City 488,947.22 8. 97 09/29/89 Fed Home Loan Bank Discount Note-Sanit. 937,537. 50 9.12 10/24/89 Fed Farm Credit Note 502 ,263. 89 10.16 09/01/89 Banker's Acceptance-City 988,308. 33 9. 39 08/08/89 Other Cash Resources: Petty Cash 540.00 TOTAL CASH RESOURCES 7,213 ,027. 82* *Unaudited cash balance for the General Fund is $1,956 ,015.80. GERE SIBBACH City Treasurer . MWnN ` REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: Through: Ray Windsor, City Manager Meeting Date: 7/25/89 File Number: TPM 21-88 From: Henry Engen, Community Development Director SUBJECT: Tentative Parcel Map 21-88: 8400 Atascadero Avenue (James and Darlene Watson/Cuesta Engineering) RECOMMENDATION: Denial in accordance with Planning Commission recommendation and and Findings for Denial contained in the attached staff report. BACKGROUND: The Planning Commission held a public hearing on the above- referenced map on May 16 , 1989 and again on July 5, 1989 . The applicant requested an exception from the Subdivision ordinance flag lot standards. The Subdivision Ordinance contains four man- datory findings which must be made to grant an exception. Staff could not make these findings and recommended denial . HE:ph Attachment: Planning Commission Staff Report - July 5, 1989 cc: James and Darlene Watson Cuesta Engineering • �.. Is_PNDA , c r etch MEMORANDUM TO: Planning Commission FROM: Doug Davidson, Associate Planner SUBJECT: Tentative Parcel Map 21-88 - 8400/8600 Atascadero Ave. (Watson/Cuesta Engineering) DATE: July 5, 1989 At the May .16, 1989 meeting, the Planning Commission moved to continue the above-referenced item to consider a revised map. Staff has received and reviewed the revised map (see attachments) . The revised map also includes a request for an exception from the Subdivision Ordinance flag lot standards (see development statement) . The revised map differs from the original submittal in several ways. First, the parcel to the rear (Parcel 4) is not included in the current configuration. Most importantly, the access to Parcel 3 has changed in alignment and ownership. The flag lot standards of the Subdivision Ordinance require that " the lot farthest from the street shall own the accessway in fee. Other lots using the accessway shall have an access and utility easement over it. The revised map shows a 30 feet private • easement to serve Parcel 3. This private easement would also serve the lot to the rear which is no longer a part of this application (Parcel 4 on former map) . Thus, this is the request for an exception from the Subdivision Ordinance standards. Page 50 of the Subdivision Ordinance contains the four mandatory findings which must be made to grant an exception 1. That the property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical, or undesirable, in the particular case, to conform to the strict application of the regulations codified in this title; and 2'. That the cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification; and 3. That the modification will not be detrimental to the public health, safety, and welfare, or be injurious to other properties in the vicinity; and 4. That granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the General Plan and with all applicable specific plans or • other plans of the City. 0 • Staff cannot make these findings, particulary #1 and #4. The applicant states that it is desirable to provide this private easement as shown to avoid damaging existing landscaping on Lot One. Staff beleives that a minimal amount of disruption would occur with the construction of the driveway as shown on the prior map; possibly the removal of one six inch pine. The size, shape, or topography of this lot does not prevent it from meeting all of the flag lot standards. In fact, it was the site' s regular shape and gentle slopes which led us to recommend approval of a flag lot design. The granting of this exception is not in keeping with the intent of the Subdivision Ordinance. Deep lot subdivisions are not the most favorable lot configurations for proper access, especially for public safety. Thus, the City has developed a minimum set of development standards for flag lots. Flag lots can only be approved if justified by topographical conditions; exceptions to these standards should be granted only when unique site characterisics warrant it. Finally, finding #2 should be noted, for it seemed at the prior hearing that the cost of the required improvements was the applicant' s primary reason for requesting a continuance. Staff made it clear at this meeting that we did not envision conditions of approval substantially different under a revised map, for these are the minimum flag lot improvement requirements. Staff was prepared with a recommendation of approval on April 18; the current proposal, however, does not meet the provisions of the City' s Subdivision Ordinance. DD:dd Attachments: Revised Map Supplemental Development Statement Findings for Denial Prior Staff Report dated April 18, 1989 i n` .1 tl� U •, lI I I x4 Di IJ �• D �.• . M O y� R t nH � ' �,� k It �oQ CUESTA ENGINEERING IS 7401-B EI Camino Real/P.O. Box 2066 • Atascadero, California 93423 (805)466-6827 June 21 , 1989 PIG Doug Davidson ,JUN 211999 City of Atascadero 6500 Palma Atascadero, CA 93422 Subject: Tentative Parcel Map 21-88 8600 Atascadero Avenue/Watson Supplemental Develpoment Statement Dear Doug: This application involves the subdivision of two parcels into three. As part of this application, we request an exception to Section 11-8.209 E which states that the lot farthest from the street shall own the access way. In order to place the accessway in a consistent alignment without damaging existing landscaping improvement on Lot 1 , it is desirable to designate the accessway as a 30 foot private road easement. Three lots (one that is not a part of this subdivision) will be served by the private road. The road will be developed in accordance with all flag lot road standards. Thank you for your consideration. Sincerely, o"h 'FaYke6en R.C.E. 33760 Exp. 6/30/90 JF:pd 86-092 • ! 0 Findings for Denial Tentative Parcel Map 21-88 8400/8600 Atascadero Rd. Watson/Cuesta Engineering July 5, 1989 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDING: 1. The flag lot (deep lot subdivision) is not consistent with Section 11-8. 209 of the Subdivision Ordinance, specifically that the lot farthest from the street shall own the accessway in fee. EXCEPTION FINDINGS (Section 11-11.002) : 1. The property to be divided is not of such size or shape, nor . is it affected by such topographic conditions, that it is impossible, impractical, or undesirable, in the particular case, to conform to the strict application of the regulations codified in this title. 2. The granting of the modification is not in accord with the intent and purposes of the Subdivision Ordinance. CITY OF ATASCADERO Item: B-1 STAFF REPORT FOR: Planning Commission Meeting Date: April 18, 1989 BY: Doug Davidson, Associate Planner File No: TPM 21-88 SUBJECT: Consideration of a request to subdivide three existing lots of 4. 22 acres total into four parcels containing 1 . 00, 1. 00, 1. 00, and 1. 22 acres each. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .James and Darlene Watson 2. Representative. . . . . . . . . . . . . . .Cuesta Engineering 3. Project Address. . . . . . . . . . . . . . 8600 Atascadero Rd. 4. Legal Description. . . . . . . . . . . .Parcels 1 and 2 of PM 40-74 Parcel C of Tract 770 5. Site Area. . . . . . . . . . . . . . . . . . . . 4. 22 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Y (Residential Single Family) 7. General Plan Designation. . . . .Moderate Density Single Family Residential 8. Existing Use. . . . . . . . . . . . . . . . .Proposed parcels 1 and 2 - Single family residences Proposed parcels 3 and 4 - Vacant 9. Environmental Status. . . . . . . . .Negative Declaration posted April 6, 1989. B. ANALYSIS: The applicant proposes to subdivide three existing lots containing a total of 4. 22 acres into four parcels of 1. 00, 1. 00, . 1 . 00, and 1. 22 acres each. Proposed Parcel 1 and Parcel 4 are existing parcels created by Tract 770 and modified by a 1 0 subsequent lot line adjustment (see attachments) . They are included here to gain the required minimum lot size with the necessary improvements for the true intent of this map; to split the existing two acre lot into two one-acre parcels as proposed by Parcels 2 and 3. The parcel to the rear (Parcel 4) will own twenty-five (25) feet accessway in fee, as required by the Subdivision Ordinance. To avoid additional encroachments onto Atascadero Rd. , proposed Parcels 1 and 2 will be limited to using this access as well. The minimum lot size in the RSF-Y zone is one acre with sewer available and one and one-half acres without sewer. The site is located within the Urban Services area, with sewer and all other necessary utilities available. Thus, the proposed net lot sizes of 1. 00, 1. 00, 1. 00, and 1. 22 acres each are above or equal to the minimum required by the Zoning Ordinance. The site' s location, gentle slopes, and access via an arterial also indicate that this lot is appropriate for the proposed division. These same favorable site characteristics justify the flag lot configuration, for the subdivision is consistent with the neighborhood character and justified by topographical conditions. The private road standards for flag lots (20 feet wide pavement with adequate turn around) and the required provision of address signs (condition #12) ensure that the lots result in an orderly pattern of development. C. RECOMMENDATION: Staff recommends approval of Tentative Parcel Map 21-88 based on the Findings in Exhibit F and Conditions of Approval in Exhibit G. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Parcel Map Exhibit C - Prior Tract Map (Tract 770) Exhibit D - Prior Lot Line Adjustment Exhibit E - Supplemental Development Statement Exhibit F - Findings for Approval Exhibit G - Conditions of Approval 0 2 } EXHIBIT A --=k -- • LOCATION MAP TPM 21-88 LSF ! p y . S N \ vv ,Sro8q CT 1 Y(FJ,1�t. SITE - AD R §�, �1f0%- VIEW - 'R C, < R S F Z� �L(FH & "' L ' L( VS?� �' � 15 � i �\ E' ���\✓IFw �\ i( V Irl j i I S �1T► \ R S- - " �� I (�ABiI i 1 L(F , j _�� r 1 . EXHIBIT B - TENTATIVE PARCEL MAP :•c.: � - - - - -j- -- -- -� �' TPM 21-88 Q1ia..�..1. .. .. .7. .7 t,i c-esr•. rte✓ �� -. �- / `� -ens,..l�rnt,•!»tea t - ' vY•+I"i•:t6G:/'P _ N'S'f,-I! OV 4 _ 'f.11 t>n-sv3 nry s/ �'-/raro3to cn<i t rs et Perorco <tS.,C gNl3 /PneS'YC<erU f ( INNER S LE PT/f/LATE ,wrZAlU /YE PARG cz[s // � /<v ror we w,rrtnw<or iL`'l�- �f e•-. f[ HAP4—®x-/92 _ ov.3.as'd ruc nrtvr/rr sxw9 er,-Nrs ;,4 �7; r_.w:xs��,.w�•is,«: /.- .-r_ - �•'.~• OLr'[/ O!rNl A.:7 LIf/ZLO 1[3[.vT.'�i1= P` Se/D a-m rK Aw'wr -roe`... -"-.::IIP' •ny._.�v.�/�-a.rl�l,- s •'Y.a' - SMYJN.[/[Lw „e v rar/[[r>n Pit RA rN[OCSr d'nr rAVY fr`6f Y/G/N/TY/UP 7�; 7—w,,Z z slrso Mir IF :1f EXHIBIT C ............... PRIOR TRACT MAP TPM 21-88 -�;U4-lit V.1 �/�� �-}_�_ /�=CiC,dc•�✓re nit' ca <•...-f C:,ehl.�`k�ay.ice .(-xwn , i - .. F ~�.,t.,r.•»cnt O<� b<•l..�//vf GLC - . ' :i: � r..r .: >Y.anct n�.l .:w/c..fyed•fz�mv_ 1 r �. �.erL•YC�Yh^_.5a.»c cts One/i[../•y /-�� a..f`.J,:..{v � •�i', L .F,.r,G+ _1 _ ./�A CCO 7'7 7B � LCliy tom//-t�✓-rl n� �.:.: '•� ., ,y.:,, _ � �� �, �... .�a L9_ ,QST/S OF,QL�LP/NG.". Fa<' Tiscs S�.•�-Y '/ \ �1 j' (.' j.G / /S N•'r ''00'ltl � G-TNC�G T---C'!I C f 9n?/'�.c A-3 1.. /C'3 4,-As�.7z) /ia.ro .3 HOu�N O.v F-s>• 1 u ° ::s •BENGF/Cl.4C.INTE.eE3'T •' tth '� '.�-s.•< Gz y�vv-at rn,,6-ne.<'/ci Y ti�wYe 6:at<ertwn.Ye•�{Of .�.n3 _ ".n, , .f<•coi•ds 5+�+l.ccs Gb<s�Coc�..ty •, .. ', vd r S r."E n.er FEOF-<'/K.S.o .v�.T.w�GO�Iry ASSdGAT•tYv 4 rn.e�e.<s�a•v t� ' 00 .r+ " ' �•� f :.:.P c �� _ Lf� / .r.r..z.r<sv23 ti..•.�.�r r F 3a�3 .f<: Gtas R ` / N.Etta. <4c�r.Ee AS ,Y•.''� ?, - :N ry ... '-.8J G7'r �-•357.9�<iY - .�� O ' ,' II��� .' � � �/• 73 I �-2V r1 cG s '� Bc/C c• < r c..scvE r ,� n/ p�r 1 ' N9'•'9� Nary r ! a-sv 3� A EA- /.Q�AC.C'ES � �` �;A.eer zsoo���s M cr•�F�- �D 1p � yP # " . 0 .� _i•xAREn•�36/ ccEs %aF.sF�e �_ . V• ��. � ,,p - � '/TRACT` r e A54A7CK 45 r air a.c sv_3 r-.F.-7v ,ro��NSS� t .��. 7iI%R A•E-E/I/N 'q, �.0� �� I �% Cir• o>< .0-'.7%o=6:C�•-.' N/S'//L+ G r N/r-'r%OCG P/ N/S'// . E H � rA� ���`t 1'�'r _ AS �/Per�uCS /`n.c•cE.L A t _ /�'.vec.CL .B i ° r s ��0�� 5G i t f) � �' _ - \�,. 'E.oseyE>vr.S.y!/:�orrvae.,e. � rf/r.�P s�4� ?^`,�/ .,,. ..-. .. ..• - i��,.�� J s cv.C'iG.s'r.T .P.cvrsa wnr Amo E,tLSCHENf Te \`•/ °., ._ ��,., � Ga � rT.Sr .Ofc-o'.f'�t«-or-o /.v.Boor//. EXHIBIT D (-7—,-- = _ \ PRIOR LLA .�..,7� _ TPM 21-88 T[muTIV£L07IU7/f,4DX13? SENT, P-4RCE1 l e4P AT,55 OZ I I AUSCAD£RO ROAD u eiri'aTR :67 m' OWW£RS CUT/f_ICATE I V.E•Ci9i pl�o'/C ai/a Dllul&11151a-Cf 4: 0aT� r �T � �T . LJZ-S II B G111i�T .'SI U EXHIBIT E 7401-B EI Camino Real- P.O. Sox 2066 Atascagero. California 93423 (805) 466-6827 November 9, 1988 City of Atascadero Planning Department 6500 Palma Atascadero, CA 93422 Subject: Supplemental Develoment Statement Tentative Parcel Map AT 88-182/ Watson Gentlemen: Tentative Parcel Map AT 88-182 is a proposal to split an existing 2 acre lot in half. The property .s zoned RSF-Y. Sewer is directly available to the property. We believe that this application is very much in accor- dance with the character of the neighborhood, especially given that the adjacent property to the south and east is zoned for half-acre lots. Sincerely, ,,�,r-c)Kn Fal kensti en R.C.E. 33760 Exp. 6/30/90 JF:pd _ l EXHIBIT F Findings for Approval Tentative Parcel Map 21-88 8600 Atascadero Rd. Watson/Cuesta Engineering April 18, 1989 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1. The proposed map is consistent with the applicable General or Specific Plan. 2. The design and/or 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. 8. The flag lot (deep lot subdivision) is in conformance with Section 11-8. 209 of the Subdivision ordinance. EXHIBIT G - Conditions of Approval Tentative Parcel Map 21-88 8600 Atascadero Rd. Watson/Cuesta Engineering April 18, 1989 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. Engineered grading, drainage, and erosion control plans for each lot, shall be submitted for review and approval by the Community Development and Public Works Departments prior to issuance of any building permits. 3. Private road improvement plans, prepared by a registered civil engineer, shall require approval prior to recording of the final map. These shall include the accessway of twenty-four feet wide with twenty feet of pavement, as required by the Subdivision Ordinance. The construction of the access to the rear parcel shall be completed prior to the recording of the final map. 4. A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed. A note to this effect shall be placed on the final map. 5. Public 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 recordation of the final map. The design shall include City standard curb, gutter, five foot walkway, and paveout (not to exceed 20 feet from centerline) , as determined by the City Engineer. Design shall include measures to preserve trees within the right-of-way, as approved by the Departments of Public Works and Community Development. 6. Construction of the public improvements shall be completed prior to recordation of the final map. The construction of the walkway may be met by contributing to the Routes to School fund (see condition #8 below) . 7. 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 of the final map. 8. The applicant shall deposit with the Director of Public Works a dollar amount of $1. 75 per square foot for the five foot walkway to be utilized for the future development of the Routes to School plan (Santa Rosa School) , prior to the recording of the final map. 9. Parcels 1 and 2 shall have access from the private road only. Relinquishment of access rights shall be delineated on the final map. All driveway encroachments other than that for the new private road shall be abandoned prior to recording the final map. Parcels 1, 2 and 3 shall have access and utility easement rights over the accessway owned by Parcel 4. These shall be designated on the final map. 10. The applicant shall make an offer of dedication to the City on Atascadero Rd. of 25 feet from centerline to the right- of-way. The offers of dedication shall also include public utility easements. All offers of dedication shall be recorded prior to or simultaneous to the recordation of the final map. 11. The newly created lots shall be connected to the public sewer system. All annexation fees shall be paid for the newly created lots prior to recording of the final map. 12. A reflectorized house number master sign shall be located at the intersection of the street and accessway and individual reflectorized address signs shall be placed on the right hand side of the driveway to each individual lot. 13. 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 and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 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. 0 0 • 14. 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. MEET i�v, .AGENDA tDA r- • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: Through: Ray Windsor, City Manager Meeting Date: 7/25/89 File Number: TPM 08-87 From: Henry Engen, Community Development Director SUBJECT: Acceptance of Final Parcel Map 08-87 : 8660/8700 Coromar (Steve Silberstein/Alphonso Barbieri) (Volbrecht Surveys) RECOMMENDATION: The required conditions have been complied with and the final map is recommended for approval . • BACKGROUND: On May 12 , 1987 , the City Council approved Tentative Parcel Map 8-87 , subject to certain conditions and in concurrence with the recommendation of the Planning Commission. HE:ph CC : Steve Silberstein Alphonso Barbieri volbrecht Surveys • EX41Bit A �►, , . . CITY OF ATASCADERO 19,0-7 - CAD COMMUNITY DEVELOPMENT DEPARTMENT • J � I 1 i RMF F M • t}yam1 D , i \\ / ti'1 E '�O e • c rye'/ `O� ° qF.4 u \,P O =_f ` J,♦ J 6 co Q,Sr 094cR ♦yE � ayE T � 7C R- / ° p P � � \EFo r ♦ AVE :' � � 8!o(oa�87o0 Gcrom�r p X (Zo� 'o 00 VIEW i � s (FH ' '^o tvE� MEETIM, AGENDA REMN REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: Through: Ray Windsor, City Manager Meeting Date: 7/25/89 File No. : TPM 8-88 From: Henry Engen, Community Development Director SUBJECT: Request by Linda Key and Nicki Morris (Cuesta Engineering) for acceptance of Final Tract Map 8-88. RECOMMENDATION: The required conditions have been complied with and the final map is recommended for approval . BACKGROUND : • On August 23, 1988, the City Council approved Tentative Tract Map 8-88, subject to certain conditions and in concurrence with the recommendation of the Planning Commission. HE :ps CC: Linda Key/Nicki Morris Cuesta Engineering • EXHIBIT A LOCATION NIAP j CITY OF ATASCADERO; ••�� �•� • :y� 9180 Santa Lucia Road e �•._•- Tentative Parcel Mal °3 cwIF11COMMUNITY DEVELOPMENT xey/Morris/Cuesta DEPARTMENT d r. U � MAN( � 5 N [t S7, �, � •1--�/C rE/ IN/O � SITE: 9180 Santa Lucia Rd C• v IE'.Z ROS • PdflTOIA R <o L( H) �pS ►tps V • `JCS A hr qN� R S� _,SAN L(FH) � 4640� A