HomeMy WebLinkAboutAgenda Packet 01/09/1990 BOYD C. SHAR I TZ
CITY CLERK
AGENDA
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ATASCADERO CITY COUNCIL
REGULAR MEETING
ATASCADERO `ADMINISTRATION BUILDING
6500 PALMA
FOURTH FLOOR, ROTUNDA ROOM
JANUARY 9, 1990
7:00 P.M.
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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
initiatefurtherdiscussion:
* ;The floor will then be closed to public participation and
open for Council discussion.
- fJ,r
Call to Order
Pledge of Allegiance -
Roll Call
City Council comment;
Introduction of new employee, Mike Walsh, Custodian
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.;
A. CONSENT CALENDAR:
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. DECEMBER 12, 1989 CITY COUNCIL MINUTES
2. NOVEMBER 21, 1989 JOINT PLANNING COMMISSION/CITY :;COUNCIL
MINUTES
3. CITY TREASURER'S REPORTS - OCTOBER & NOVEMBER, 1989
4. FINANCE DIRECTOR'S REPORTS -* OCTOBER & NOVEMBER, 1989
S. RESOLUTION NO 1-90 RATIFYING THE REVISED JOINT EXERCISE
OF POWERS AGREEMENT FOR CENTRAL COAST CITIES SELF-INSURANCE
FUND z
6. RESOLUTION NO. 2-90 RENEWING THE CITY'S ELIGIBILITY IN THE
FEDERAL SURPLUS PROPERTY PROGRAM
7." RESOLUTION NO. 3-90 - AUTHORIZING THE FILING OF ANNUAL CLAIM
FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS
8. TENTATIVE PARCEL MAP 13-89 10955 SAN MARCOS RD. ' - Consider-
ation of Planning Commission recommendation to deny request`
to subdivide 20.52 ac.- into two lots of 4.52 ac. and 16.0
ac. (Highfill/Stewart)`
9. RESOLUTION NO. 4•-90 - ;ESTABLISHING "A MONUMENT WELL STANDARD
FOR THE CONSTRUCTION OF MONUMENT WELLS
10. S.L.O. COUNTY REGIONAL TRANSIT AUTHORITY JOINT BOWERS AGREE-
MENT
11. RESOLUTION NO. 5-90 - ADOPTING BY-LAWS FOR THE CITY'S RE-
CYCLING COMMITTEE
12. MEMBERSHIP IN S.L.O. COUNTY FILM COMMISSION
B. HEARINGS/APPEARANCES:
1. PROPOSED ADOPTION OF MODEL CODES AND TITLE 8 BUILDING REGU- 8`
LATIONS:
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A. Ordinance No. 199 - (See agenda packet for complete
Or nance title)
(SECOND READING: Recommend motion for adoption of Ord.
No. 199 - Roll call)
2. REVISIONS TO TERMS OF PLANNING COMMISSIONERS
�'D A. Ordinance No. '200 - Amending Sections 2-9.02, 2-9.03
and 2-9.04 of the Atascadero Municipal Code revising '
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the terms of office of the Planning Commissioners
(SECOND READING: Recommend motion for adoption of Ord. }
No. 200 Roll call) , .
` 3. TAPE RECORDING OF CITY COUNCIL MEETINGS
s.
A. Ordinance No. 201 Repealing Section 2-1.19 of the
Atascadero Municipal Code, which regulated the recor-
dation of City Council meetings
(SECOND READING: Recommend motion for adoption of Ord. } '
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No. 201 Roll call)
4. ZONE CHANGE 12-89, 2025 EL "CAMINO REAL (Folkins & Folkins,
Inc. ) x
A. Ordinance
sbo. 202 o Amending Map 4 of the official .°r
zoning p y rezoning certain real property at
1950/2000/2025 E1 Camino Real from CN to CT
(FIRST READING: °"Motion° to (1) waive reading of ordi-
nance in full and approve ;by title only - Voice vote;
(2) motion to approve Ord. No. 202 on first reading-
Roll call) _
5- ZONE CHANGE 3-89 (City of Atascadero) ,C"o
A. Ordinance No:v -203 '-" Amending the official Zoning
Ordinance text relative to non-conforming uses of land fid,
(FIRST READING: 'otion to (1) waive reading of ordi-
nance in full and approve by title only Voice vote;
(2) motion to approve Ord. No. 203 on first reading
Roll call)
C REGULAR BUSINESS:
1. PRELIMINARY REVIEW OF GENERAL PLAN AMENDMENT APPLICATIONS
SUBMITTED FOR ANALYSIS AND ACTION IN THE FIRST CYCLE OF 1990
2. CODE VIOLATIONS - LEGAL SERVICES
3. SELECT CITY REPRESENTATIVE TO THE COUNTY WATER RESOURCES k;=
ADVISORY COMMITTEE
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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. ) :
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1. Cit y/ Committee School Comm t 1/4
2. North Coastal Transit
3. S.L.O. Area Coordinating Council
4. Traffic Committee, , `
5. Solid/Hazardous Waste Mgmt. Committee
6. Recycling Committee (See Item A-11)
7. Economic Opportunity Commission�
8. B.I.A. S✓'..
9 Downtown Steering Committee `-''
10. General Plan Subcommittee ''
2. City Attorney
3. City Clerk
5. City Treasurer
5.- City Manager r-"
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MEETING AGENDA
DATI:,,,,lL`Lg2 ITEM N A-1
ATASCADERO CITY COUNCIL
MINUTES
DECEMBER 129 1989
The regular meeting of the Atascadero City Council was called to
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order at 6.04
p.m. by Mayor y Dexter. The Pledge of Allegiance was
' led by Councilman Lilley.
-ROLL CALL:
: Present : Councilmembers Shiers, Mackey, Lilley,
Borgeson and Mayor Dexter
Staff Present : Ray Windsor, City Manager ; Arther Montandon,
City Attorney; Henry Engen, Community
Development Director ; Bob Fielding , Chief
Building Official ; Gary Sims, Senior Civil
Engineer ; Mark Joseph, Administrative
Services Director ; Chief Bud McHale, Police
Department ; Chief Mike Hicks, Fire
Department ; Andy Takata, Director of Parks,
Recreation and Zoo; Boyd Sharitz , City Clerk
and Lee Dayka, Deputy City Clerk
PROCLAMATION:
Mayor Dexter read the Proclamation endorsing the concepts of
"Human Responsibilities for Peace and Sustainable Development
At 6: 10 p .m. , Mayor Dexter recessed to Closed Session for the
purpose of discussing instructions to the City's negotiator
regarding purchase and/or sale of real property. The City
Attorney, quoting the Brown Act , clarified by reading the
following list of items to be addressed:
To give instructions to the e '
9 City Manager as the City ' s
negotiator, pursuant to Government Code Section 54956.8,
regarding the following real property transactions:
A. Sale of City owned property. Lots 28,29, 33, 34, 336,
37, 38, 39, 40 and 41 of_Atascadero Colony Amendment 6.
B. Purchase of property owned by William P. Guidry, et
al . , described as lots 4, S, 29, 30, 31 and Block JC.
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C. Purchase of property owned by Gene and Clara Mumford
described as lots 1 , 2, 33 and 32 of Block JC.
D. Purchase of property owned by E.L. Brown described as
lot 3 of Block JC.
E. Purchase of property owned by George and Dorothy Bench
described as Parcel 3 of T.M. at 88-307.
F. Purchase of property owned by W.L. O'Reilly trust , et `
al . , described as lots 1 , 2 and 3 of portion of Block
YA.
The Open Session was reconvened at 7:02 p .m.
COUNCIL COMMENTS:
Councilwoman Borgeson made reference to the proclamation Mayor
Dexter read earlier in the evening, and suggested to the Council
that the City make_a contribution to the County Chapter of Beyond
War Foundation. After consulting with the City Manager on the
proper procedure for making such a donation, the following
motion was made.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Shiers that the City Council donate $100 on behalf of
the County Chapter of Beyond War Foundation; passed
unanimously by roll call vote.
COMMUNITY FORUM:
Gail Mudgett , 3125 Ardilla Road , read the attached prepared
statement (Exhibit A) regarding recent contact with City offices
for the purpose of ascertaining whether an Environmental Impact
Report had been ordered for the area in which she lives. Mrs.
Mudgett referred to a copy of the 1979 Draft Environment Impact
Report (DEIR) . k
Henry Engen responded , for the purpose of providing information
to Council , that the 1979 DEIR was referenced at the Joint
Meeting of the Planning Commission and City Council on November
21 , 1989. He stated that the report had originally been
completed for the Department of Real Estate for the Long Valley
Ranch Project done by Gordon Davis, and is presently used as an
information document.
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The Community Development Director further stated that the
applicant ' s engineers will -now be submitting a geology report
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along with all other legally required submittals.
With respect to building permit status requests by the public ,
Mr . Engen explained that there was a standard process of
requesting information regarding current permits from the
building counter and that it was not easily done on instant
demand. He further reported that no permits are currently being
sought on Ardilla. Mr . Engen added that pert testing is a pre-
requisite to issuing a building permit and does not require a
permit.
A. CONSENT CALENDAR:
1. NOVEMBER 28, 1989 CITY COUNCIL MINUTES
2. NOVEMBER 30, 1989 SPECIAL COUNCIL MEETING MINUTES
3. FINAL PARCEL MAP 37-87, 8430 SANTA ROSA ROAD (Messer/Cuesta
Engineering )
4. PROCEDURES FOR THE SELECTION OF COMMISSION, BOARD AND
COMMITTEE MEMBERS
Mayor Dexter read the Consent Calendar . Steve LaSalle of
Atascadero, asked that Item #4 be pulled for further discussion.
MOTION: By Councilman Lilley and seconded by Councilwoman
Mackey- to approve, with the exception of Item #4, the
Consent Calendar ; passed unanimously by roll call vote.
Mayor Dexter clarified Item #A-4 stating that this was a
reaffirmation by the Council of Resolution of 35-81 , , a resolution
adopting procedures for the selection of commission, board and
committee members. He reported that both he and Councilwoman
Borgeson had served as a subcommittee to review the resolution
and had decided that it was acceptable and that no changes were
necessary.
Public Comment : a
Mr . LaSalle asked the Council if the resolution was reaffirmed as
it stands. Mayor Dexter answered that it was, with no changes.
The City Manager noted , for the record , that the resolution was a
policy of the Council and not part of the Municipal Code.
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MOTION: By Councilman Lilley and seconded by Councilwoman
Mackey that Resolution 35-81 be reaffirmed; passed
unanimously.
B. HEARINGS/APPEARANCES:
1 . CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 5550
TRAFFIC WAY ( "The Oaks" ) (Cont ' d from 10/30, 11/14 &
11/28/89--Public hearing closed )
Henry Engen gave staff report and confirmed that landscaping had
died . He stated that the CC&R ' s did not provide any leverage for ;
the City to require restoration of the landscaping. He reported
that the matter would be pursued under the enforcement provisions
of the Zoning Ordinance.
The applicant was not present.
Councilwoman Borgeson asked Mr . Engen if he had spoken with the
Homeowner ' s Association regarding pruning of the tree. He stated
that he had not and indicated that the tree was not a good
Candidate for pruning because of its ' limited crown.
Council discussion ensued regarding the safety and liability
issue of the tree. The City Attorney advised that once the City
is put on notice that there is a potential danger , the City does
assume some liability if the tree is allowed to remain. Mayor
Dexter clarified the opinion of the City Arborist .
There were no public comments.
MOTION: By Councilman Lilley and seconded by Mayor Dexter to
grant the applicant ' s request to remove a Heritage Tree
at 5550 Traffic Way; passed 4: 1 with Councilman Shiers f:
voting No . Councilwoman Mackey indicated her yes vote
was made reluctantly and Councilwoman Borgeson stated
that her yes vote was based upon the City Attorney ' s
assessment regarding liability.
2. PROPOSED ADOPTION OF MODEL CODES AND TITLE 8 BUILDING
REGULATIONS
A. Ordinance No. 199 - AN ORDINANCEOF THE CITY OF
ATASCADERO AMENDING TITLE 8 (BUILDING REGULATIONS) TO
THE ATASCADERO MUNICIPAL CODE AND ADOPTING BY
REFERENCE, THE UNIFORM CODE FOR BUILDING CONSERVATION
INCLUDING ALL APPENDICES (LATEST PRINTING) , THE UNIFORM
ADMINISTRATIVE CODE, 1985 1988 EDITION, PUBLISHED BY
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THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE
UNIFORM BUILDING CODE, INCLUDING APPENDIX CHAPTERS 7,
32, 35, 38, 57 AND 70, 1985 1988 EDITION, AND THE
UNIFORM BUILDING CODE STANDARDS, ALL PUBLISHED BY THE
INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE
NATIONAL ELECTRICAL CODE, 1987 EDITION, PUBLISHED BY
THE NATIONAL FIRE PROTECTION ASSOCIATION; THE UNIFORM
PLUMBING CODE, INCLUDING ALL APPENDICES, 1985 1988
EDITION, AND THE IAPMO INSTALLATION STANDARDS, 1985
1988 EDITION, ALL PUBLISHED BY THE INTERNATIONAL
ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS AND
THE INTERNATIONAL ASSOCIATION OF BUILDING OFFICIALS;
THE UNIFORM MECHANICAL CODE, INCLUDING ALL APPENDICES,
1985 1988 EDITION, PUBLISHED BY THE INTERNATIONAL
ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS AND
THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE
UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1985 1988
EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE
PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM SIGN
CODE, 1985 1988 EDITION, PUBLISHED BY THE INTERNATIONAL
CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM FIRE
CODE, INCLUDING APPENDIX CHAPTERS I—A, I—B, I—C, II—A,
II—B, II—D, II—E, III—A, III—D, IV—A, V— AND VI—A, VI—
B, 1985 1988 EDITION, AND THE UNIFORM FIRE CODE
STANDARDS, 1985 1988 EDITION, PUBLISHED BY THE WESTERN
FIRE CHIEFS ASSOCIATION AND THE INTERNATIONAL
CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM HOUSING
CODE, 1985 1988 EDITION, PUBLISHED BY THE CODE FOR
ABATEMENT OF DANGEROUS BUILDINGS, 1985 1988 EDITION,
PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS, ALL AS AMENDED.
(FIRST READING: Motion to ( 1 ) waive reading of
ordinance in full and approve by title only Voice
vote; (2) motion - to approve Ord . No . 199 on first
reading - Roll Call )
Henry Engen gave staff report with recommendation. Bob Fielding ,
Chief Building Official , clarified the reason behind the
adoption of the Uniform Building Code for Conservation. He
explained that it allows the City more flexibility in dealing
with existing and historic buildings and additionally allows
reinforcement of un-reinforced masonry or potentially hazardous
buildings. Mr . Fielding described the Code as the most current
and viable document; one that everyone can be familiar with and
use as a standard .
Mayor Dexter commended the Chief Building Official for his
report and Mr . Fielding responded to Council questions regarding
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State mandates and earthquake requirements. Councilman Shiers
asked if the City could require commercial buildings to supply
hot running water. Mr . Fielding explained that the Building Code
only necessitates restaurants and food service facilities to
provide the infrastructure for hot and cold running water . He
further stated that the Department of Health and Safety has
jurisdiction over issues of this nature.
Councilwoman Borgeson asked Chief Hicks to clarify fire sprinkler
square footage standards. He explained that the formatting is
new, but the standard is the same.
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Mr . Fielding added that the fee schedule has not been changed.
There were no public comments.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Shiers to waive the reading of the Ordinance in full
and approve by Title only; passed unanimously.
MOTION: By Mayor Dexter and seconded by Councilwoman Mackey to
approve Ordinance No . 199 on first reading ; passed
unanimously by roll call vote.
3. REVISIONS TO TERMS OF PLANNING COMMISSIONERS
A. Ordinance No. 200 - Amending Sections 2-9.02, 2-9.03
- and 2-9.04 of the Atascadero Municipal Code revising
the terms of office of the Planning Commission.
(FIRST READING: Motion to ( 1 ) waive reading of
ordinance in full and approve by title only Voice
vote; (2) motion to approve Ord . No. 200 on first
reading - Roll Call )
The City Attorney gave his report and presented his proposed
revisions, including the deletion of the provision which required
a planning commissioner who runs for City Council to resign.
Mayor Dexter announced that he had noted that the Municipal Code
also stated that a commissioner to the Parks and Recreation
Commission be required to resign if he/she sought election to the z;
City Council . He asked Mr . Montandon for procedure to make this
provision consistent with other commissions. The City Attorney
advised the Council to act on the calendared matter and if they
intended to further amend other provisions of the Code, those
amendments should be brought back at a later date.
There were no comments from the public .
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MOTION: By Councilman Lilley and seconded by Councilwoman
Mackey to waive reading and approve by title only
Ordinance No . 200 to amend Sections 2-9.02, 2-9.03 and
2-9.04 of the Municipal Code; unanimously passed .
MOTION: By Councilwoman Mackey and seconded by Councilman
Lilley to approve Ordinance No . 200; passed unanimously
by roll call vote.
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4. TAPE RECORDING OF CITY COUNCIL MEETINGS
A. Ordinance No. 201 - Repealing Section 2-1 . 19 of the
Atascadero Municipal Code, which regulated the
recordation of City Council meetings.
(FIRST READING: Motion to ( 1 ) waive reading of
ordinance in full and approve by title only - Voice
vote; (2) motion to approve Ord. No. 201 on first
reading Roll Call )
The City Attorney gave staff report indicating that Section
2-1 . 19 of the Municipal Code, which requires a four-hour notice
of intent to record meetings, conflicted with Government Code
Section 54953.5 and recommended deleting the whole requirement .
Mr . Montandon clarified for Councilwoman Mackey by stating that
if the amendment was adopted , no notice would be required and
that the only control left to Council under State law would be
that if the meeting is disrupted by the recording in anyway, the
recordation devices could be excluded from the meeting.
There were no comments from the public .
MOTION: By Councilwoman Borgeson and seconded by Councilman
Shiers to waive the reading of the ordinance in full
and approve by title only; passed unanimously.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Shiers to approve Ordinance No . 201 of the Atascadero
Municipal Code repealing Sections 2-1 . 19; passed 4: 1
with Councilwoman Mackey voting no , stating that she
was not . against the recordation of the meetings but
felt that the Council should be notified .
Mayor Dexter called for a recess at 8: 12 p .m. The meeting was
reconvened at 8:25 p .m.
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C. REGULAR BUSINESS:
1 . HERITAGE TREE REMOVAL, 8250 LOS OSOS ROAD - REQUEST FOR
RECONSIDERATION (Denied 11/28/89) (Councilwoman Mackey)
Mayor Dexter read Section 2-1 . 13(D) of the Atascadero Municipal
Code regarding motions to reconsider .
Councilwoman Mackey asked the Council for reconsideration of
this tree removal request stating that she had received a call (;
from the applicant , Mr. Sligh, and had gone back out to view the
tree. She reiterated that she still did not think the tree would
- fall on anyone, but acknowledged that the applicant had properly
processed the application and that staff had recommended to
` approve. She also reported that there were many more oaks on the
property and that her original questions of intent on the
property had been answered . Fencing had been completed and
sprinkler heads were staked for identification due to plowing .
In addition, Ms. Mackey observed many boxed trees awaiting
planting.
Councilwoman Mackey expressed, as a separate item, that she r
would like to see the new Tree Ordinance soon and to remove the
review by City Council , except on appeal .
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% Councilwoman Borgeson asked the City Attorney for clarification
on reconsideration. Mr . Montandon advised the Council on the
legality of voting on this matter .
MOTION: By Councilwoman Mackey and seconded by Councilman
Lilley to reconsider the 11/28/89 decision of the City
Council on the request to remove a Heritage Tree at
8250 Los Osos Road ; passed unanimously. ..
Additional- discussion followed with Councilwoman Borgeson
declaring that there had been no new evidence presented. She
asserted that another public hearing should be held before the
Council addressed the request again. Councilwoman Mackey
debated that there was additional evidence that justified
reconsideration and clarified the reasons for changing her
decision. ;
Councilwoman Borgeson additionally reported that she had learned
that Ms. Shicker ' s reports have been edited by Staff and objected
strongly. She requested that the City Arborist be present at
meetings when requests to remove trees are heard so that she
could answer specific questions and note any additions to her r
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reports.
Councilman Shiers spoke in opposition of the request stating that
the tree is not dead and that it serves a useful purpose to
wildlife. He favored fencing the tree off for safety reasons.
Public Comment:
Debbie Sligh , 8250 Los Osos Road and speaking on behalf of her
father , asked the Council to vote on the matter .
MOTION: By Councilman Lilley and seconded by Councilwoman
Mackey to approve the request to remove the Heritage
Tree at 8250 Los Osos Road ; passed 3:2 with
Councilmembers Borgeson and Shiers voting against .
Councilman Lilley stated that he wanted to see the new Tree
Ordinance address liability issues and considerations for
preservation of wildlife habitats.
Councilwoman Borgeson reiterated her request to have the City
Arborist on hand when the Council hears items regarding Heritage
Trees-. Mayor Dexter directed the Community Development Director
to ask Ms. Shicker to be present. Mr . Engen noted that this
would create an additional cost to the program.
2. DRAINAGE IMPROVEMENT5
A. Graves Creek Project
Gary Sims, Senior Civil Engineer , gave lengthy staff report
explaining the present conflicts. He read portions of an
independent survey performed by Volbrecht Surveys on December
12, 1989 and stated that there has always been a question of `P
what is the potential runoff impact of the Dovica Tract
Subdivision. He concluded that Paul Sensibaugh ' s original
analysis during the Dovica Tract review period was correct and
that the runoff implications resulting from that tract are
minuscule.
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Mr. Sims proposed that once the Record of Survey has been filed
and the Berrys have been provided with such , if they disagree
with it , they would be entitled to thirty days to have another
surveyor file an Opposing Record of Survey. He suggested that ¥
at that time Staff meet with the Berrys to identify and negotiate
a suitable project .
Mr . Sims defined "water course" and substantiated the area as
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such. He answered additional Council questions regarding
proposed runoff from new developments and stated that he did not
believe the runoff from the Dovica Tract was surface water . He
further reported that the Engineering Department ' s drainage and
survey calculations are public information and invited the Berrys
to come in and review and discuss them with Staff.
Mayor Dexter directed the question of City liability to the City
Attorney who advised that the liability would be based upon the
amount of damage caused by any diverted water. He further
explained that , given the calculations of today, there is little
chance of liability.
Public Comment:
James Berry, 6955 Balboa, asked the Council to address the "real
issue" which he described as excess water caused by development
flowing through his property. He disagreed that his property
was in a water course and strongly objected to runoff from new
developments declaring that this is illegal . He further
remarked that he would not accept Volbrecht ' s survey and asked to
be granted time to have a re-survey completed .
Mayor Dexter urged Staff to continue to do all that they can to
negotiate with the Berrys and arrive at a satisfactory conclusion
to the problem.
B. Resident Petition re: Alegre Avenue
Mr . Sims gave his staff report indicating that the developer ' s
drainage plan was never submitted for review and that this
oversight was not caught . Attempts to convince the developer and
the design engineer to mitigate the existing situation failed
because of the fact that their map had been signed off.
Henry Engen asked Council to refer to Staff to more fully
evaluate alternatives and make cost estimates.
Lengthy Council discussion followed regarding the drainage issues
of the City, the need for a Comprehensive Drainage Plan and the
City ' s responsibility to ensure conditions of approval .
3. DOWNTOWN STREET LIGHTING PROJECT (Councilman Lilley)
Councilman Lilley reported that he had met with Dave Vega, Area
Manager for PG&E ' s North County Customer Center , in an effort to
revamp existing lighting around City Hall . Mr . Lilley summarized '
some of the technical difficulties and costs involved with a {
historical lighting program. ---He suggested a pilot program that
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would 1 ) restore the lighting along both East and West Mall and
2) allow the City an opportunity to "work out the bugs" by
establishing a good liaison with PG&E to coordinate a cost-
efficient way to replace the lighting system.
Mr. Vega, an 11-year- resident of Atascadero and representing
PG&E, addressed the Council and announced that he would be happy
to work with the City on the proposed project.
Discussion followed with supportive comments from the Council .
The City Manager suggested starting a fund for the downtown
revitalization program to help account for monies spent.
MOTION: By Councilman Lilley and seconded by Councilwoman
Mackey to authorize a sum not to exceed $3,000 to
restore the lighting along both Malls from El Camino
Real to the Memorial Building; passed unanimously by
roll call vote.
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OATH OF OFFICE
At 10: 10 p .m. , the City Clerkswore in the new City Attorney, Art
Montandon.
4. CALTRANS ADVISORY COMMITTEE
Mayor Dexter appointed nine persons to serve on the Caltrans
Advisory Committee: Lisa Shicker and Gary Sims, members of
Staff; Bonita Borgeson and Marge Mackey as members of the
Council ; Henry Hammer , Tim O'Keefe, Anne Little, David Duncan and
Will Lewis as Members-at-Large.
5. SALES TAX SUPPLEMENTAL FUNDING — SELECTION OF TWO TASK
FORCE MEMBERS TO SLOACC w
The City Manager gave his report stating that this task force ',s
primary objective. would be to secure input in a public opinion
survey to assess public attitudes, test support for specific
measures, projects and fund options, evaluate survey results and
assist in developing a program that could be supported by all
jurisdictions to - be ultimately decided on by voters in the
County. He announced the first meeting of this task force and
asked the Mayor to appoint two members of the Council .
Mayor Dexter appointed Councilwoman Borgeson and Councilman
Shiers; both Councilmembers accepted. L!
1 1
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b. RESOLUTION NO. 84-89 - WASTE REDUCTION AND MANAGEMENT
RESOLUTION (Atascadero Recycling Committee)
The City Manager gave his report explaining that the resolution
before the Council was the first step in identifying issues the
Committee wants to work on. Mr . Windsor supported adoption
advising that the resolution is in conformance with State
legislation with respect to the goals of recycling.
Public Comment :
Ron Valarino , resident of Atascadero and member of the Recycling
Committee, spoke in support of the resolution. He asked the
Council to give them the "green light" as they are anxious to get
started .
Jim Patterson, 9312 N. Santa Margarita Road in Atascadero and
Chairman of the Recycling Committee, stated that the resolution
sets the groundwork for the Committee and establishes goals to
manage the issues of solid waste. Mr. Patterson answered Council
questions regarding current legislation and enforcement of source
reduction.
Councilwoman Mackey announced that there is currently a vacancy
on the committee. Mr . Patterson answered Council questions
regarding member qualifications.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Shiers to adopt Resolution 84-89; passed unanimously by
roll call vote.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council :
A. Committee Reports (The following represents ad hoc or
standing committees. Informative status reports will
be given, as felt necessary. ) :
1 . City/School Committee - Mayor Dexter gave report
stating that the Committee had met and discussed a :
request to include a member of the business
community on the committee. It was decided that
the Committee stand as it is: a communication
between the two entities of City Council/Staff and
School Board/Staff. The City Manager announced
the next meeting date as Thursday, December 14,
1989. _.
12
2. North Coastal Transit/S.L.O. Area Coordinating
Council - Councilwoman Borgeson attended a public
hearing to receive public input on the existence
of public transportation needs and gave her
report. The next meeting will be in January of
1990.
3. Traffic Committee - Councilwoman Mackey reported
that the Committee had held a special meeting to
discuss the four-way stop at Olmeda and _Traffic
Way. PTA members have requested a crossing guard
at that location. Ms. Mackey indicated that the
request has been referred to the City/School
Committee and the City Manager re-iterated the
date of their next meeting .
4. Solid/Hazardous Waste Mgmt . Committee-
Councilwoman Mackey indicated that a ' report and
recommendation was forthcoming on the Chicago
Grade Landfill .
S. Recycling Committee (see Item C-6)
• 6. Economic Opportunity Commission - Mayor Dexter
gave his report and announced the next meeting
date as December 14, 1989.
7. Finance Committee - Councilman Shiers indicated
that there had been no meeting .
B. B. I .A. - No meeting was held due to the busy
holiday season.
9. Downtown Steering Committee - Henry Engen gave his
report stating that consultants are working on a
preliminary draft and announced that a meeting
was to be scheduled for early January 1990.
10. Interim Growth Management Committee - No report .
11 . General Plan Subcommittee - No report .
2. City Attorney - No report .
3. City Clerk - Wished all his associates a happy holiday
season.
4. City Treasurer - No report.
13
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5. City Manager - Expressed best wishes for the New Year .
Additional Council Comment:
Councilman Shiers referred to a letter the City Council had
received regarding air pollution caused by burn days and asked
the Council to take a look at the problem and consider some
solutions. The City Manager indicated that input would be
solicited from the Fire Chief.
THE MEETING WAS ADJOURNED AT 10:42 P.M. TO THE NEXT REGULAR
MEETING ON JANUARY 90 1990. .
MINUTES RECORDED BY: j
Y T
BOYD C. SSE_ff' TZ, C LERK
MINUTE. F* PARED BY.-
LEE
Y:LEE DAYKA, DEPUTY CITY CLERK
Attachment : Exhibit A (Mudgett)
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14
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Gail Lee Mudgett
3125 Ardilla Road
Atascadero, Calif
December 12, 1989
Ladies and Gentlemen of the City Council:
On Thursday, December 7th, I telephoned Chief Planner Engen to protest the
taking of "percolation samples, for building" on� the seismic hill above our
home. I protested to Mr. Engen that this City Council had ordered an Envir-
onmental Impact Report for that area earlier.
Planner Engen's reply was, "7I just discovered an EIR I said, "Please may
I see it?" He said he would not be there, but that he would leave the EIR
with a note addressed to me in the office.
My immediate reaction to Mr. Engen's "discovery of an EIR" was:
I. Why hadn't Gordon Davis, or Bill Barnes, offered the EIR in August,
when without City permits for bulldozing, Mr. Sensebaugh stopped the work of
grading the paper road on the steep slopes of that "high risk" hill?
2. Why was that EIR belately discovered in December, three full months
later, and after the City Council ordering of an EIR?
On FSriday, December 8, with three neighbors adjoining that area, I was given
this 1979 DRAFT EIR, prepared by a San Luis Obispo firm, which is no longer
listed in the telephone directory. The applicant is Gordon T. Davis. Four
copies were made of that EIR for $37 dollars and not $38.00 for just one copy,
as offered at City Hall:
On Mondat the 11th, I telephoned the Sacramento Office of California Department
of Real Estate, because the Title Pave states that the EIR was prepared for them.
Two Sections of that Department told me that the EIR was"not handled by them"-.-
I
hem"-.-I next contacted a specialist on EIR's and his simple analysis was : That as a
DRAFT EIR it would have been obsolete after two years. That copy Mr. Engen
gave me was dated January 1979
My question to you: Why would our City Chief Planner present me with an obsolete,
ten year old DRAFT EIR (DEIR) as a Final Environmental Impact Report? WHY WAS
T14IS DECEITFUL TRICK FOISTED ON ME, A CONCERNED CITIZEN?
2
On Sunday, December 10th, a younaz workman was on the slope above our home,
beside his truck taking sampled out of the big hole in the around. Amazed,
I asked him, "Why are you working on Sunday?" He answered,"Oh: We have
to fret this in by Monday."
I wondered why the rush? When I went to the City Hall today, I asked to see
the permits for any building; on the paper road of Ardilla. I was told that it
would take time for the girl to find them. When I asked,"Don't you have a
list of very recent permits?" I was told, "No. It would take time to find them."
My question to you our City Council is: What kind of store are you running?
Fake EIR"s and the inability to locate permits as recent as one day? Memory
can do that much!
I wish this statement of questions and answers to be placed on the next Agendas
for the Planning Commission and the City Council.
Than Yo/u�,
� �G G (CGUL p
Gail Lee MudWe t
r
December 12, 1989
• ADDENDUM TO THE GLM STATEMENT TO THE ATASCADERO CITY COUNCIL, Or DECEMBER l@th.
Ladies and Gentlemen: *`a
Tonight at 5PM Lee the Secretary to this City Council, phoned to say she could t
not find any reference to an EIR for the seismic hill above, south and north of
my home, I thank Lee for her diligent search. I still honestly believe that
such a^City Council order was given. I certainly can be wrong, and for that I
apologize.
However, when I protested to Mr. Engen on the December 7th, saying I could not
understand why the building samples when the EIR had. been ordered. Mr. Engen
did not correct that protest. He said, "I just discovered an EIR.". 3
Nor do I withdraw my strong outrage at being given a ten year old obsolete DRAFT
Report in order to facilitate building on those seismic foothills. That fact
still stands!
I also repeat, , wish
to be on the agendas of the Planning Commission and the
• City Council�wttt -that deceitful, tricking 1979 EIR.
;G�
=r
MEETING DATE : 12/19/89
ITEM: A-2
MINUTES JOINT MEETING MIMI! AGENM
ATASCADERO CITY COUNCIL/PLANNING COMMISSION L7ATE.,-1 9--�9� STEM$ A-2
`
Tuesday, November 21, 1989 7 :00 p.m. (CITY COUNCIL)
Atascadero Administration Building
The joint meeting of the Atascadero City Council and Planning
Commission was called to order at 7 : 00 p.m. by Mayor Dexter
followed by the Pledge of Allegiance.
ROLL CALL e
Present: Councilpersons Mackey, Shiers, Borgeson, Lilley
(arrived 8 : 15 p.m. ) , Mayor Dexter and Planning
Commissioners Lopez-Balbontin, Luna, Highland, Waage,
Brasher, Hanauer, and Chairperson Lochridge
Staff Present: Ray Windsor, City Manages; Henry Engen, Community
Development Director; Gary Sims, Senior Civil
Engineer, Steve DeCamp, City Planner; Pat
Shepphard, Administrative Secretary I
• Mayor Dexter announced that Councilperson Lilley would be late
for the meeting.
Chairperson Lochridge stated no action would be taken on the
Consent Calendar as the minutes were not ready for consideration
at this time. He then handed the gavel to Mayor Dexter.
PUBLIC COMMENT
Gail Mudgett, Ardilla Road resident, inquired why the agenda was
not posted in the library and asked if this meeting was legal .
Mayor Dexter clarified that this meeting is not a public hearing
but a study session between the Council and Commission.
Noticing the meeting in the newspaper was not required in this
case. Councilperson Borgeson apologized for the inadequate
noticing adding that policy direction has been for staff to
notice meetings in the library and newspaper as well as other
public posting places . Discussion followed.
Steve LaSalle, area resident, referenced the previous General
Plan quadrant meetings in which there was public input. He felt
that any meeting which reflects the General Plan update should be
a public meeting. r�`
Dolores Berry, 6955 Balboa Road, read the attached statement „=s
asking for assurances that the General Plan provisions remain
• unchanged.
' s
PAGE TWO
Dorothy _ _ _ , e is •
McNeil stated that Atdscadero s average growth rat
3 .81; and expressed concern with the development of 10, 000 acres
in western Atascadero stating that there are no lands for parks,
fire station, etc. and the tax payers will end up footing the
bill since the developers will not. Mrs . McNeil addressed the
cumulative impacts of development on the area voicing concern
of piecemeal development. An E.I .R. for this area versus one lot
development should be required.
Bill Barnes, area resident, disputed Mrs. McNeil ' s statement
relative to developing 10,000 acres stating his property that is
currently being developed is only 370 acres .
John McNeil voiced that Mr. Barnes' development is small but :.41
there are other developments involved with this general area. He
commented on abuses of the General Plan which is occurring and
CEQA requirements which are not being adhered to.
Mrs . Barnes questioned references to the propriety of Mr. Barnes'
activities.
At this point, Mayor Dexter closed the Public Comment portion of
the meeting.
T
Y
B. STUDY SESSION
1. GENERAL PLAN UPDATE STATUS (verbal)
a. Land Use Element
b. - Open Space Element
C. Conservation Element x
d. Circulation element
e. Housing Element
f. Noise Element ;
g. Safety ( including seismic) Element
h. Parks and Recreation Element
Henry Engen reported on the General Plan update status and
spoke about the state mandated elements. The General Plan
Subcommittee has been going over sketch plans of maps and
text. No new annexations are proposed except for public
lands (Heilmann Park, Paloma Park, etc . ) . There are no
increases in residential densities. A restructuring of E1
Camino Real and Morro Road is being worked on to make these
areas more identifiable and more viable. Mr. Engen stated
he hopes that the draft plan will be forwarded to the
subcommittee in December prior to taking it to public
hearing.
With regard to the Housing Element, an update is required .. I
every five years. The State took issue with Atascadero' s
large lots
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PAGE THREE
Mr. Engen stated that a consultant is in the process of
being selected to develop a noise element for the county and
its individual cities which needs updating for clearer
policies, etc.
Requests for proposals will be obtained for a consultant to
work with the City and County on a joint basis in developing
a viable safety (including seismic) element.
Council and Commission questions and discussion followed.
'There was discussion on making the General Plan draft
available prior to public hearing.
Commissioner Highland commented that we are encountering the
same problem as in the 70 ' s with getting consistency between
the land use element and the housing element as the state is
pushing for smaller lots.
Discussion followed relative to affordable housing
alternatives to apartments such as condominiums, mobile
homes, planned unit developments, feasibility of 10,000
square foot lots in multi-family Zoning, etc.
8: 15 p.m. - Councilperson Lilley is now present.
The Commission and Council also discussed planned unit
developments with regard to the need for guidelines, open
space areas for play area, as well as the regulatory
opportunities and amenities that can be required for a
p.u.d. as opposed to apartment housing. Councilperson
Borgeson referenced an earlier report submitted by Eric
Michielssen which gave a comprehensive description of what
exactly a p.u.d. concept is . Wendy Stockton (representing
City Attorney Art Montandan) suggested this issue be placed
on a future agenda.
Public Comment:
Dolores Berry asked if drainage is doing to be included
within the Safety Element. Councilperson Borgeson
referenced the Government Code relative to the Safety
Element and how it ties in with drainage. Discussion
followed.
2 . OTHER PLANNING STUDIES
a. Interim Growth Management Committee
b. Downtown Master Plan (verbal)
C . Fire Services Master Plan (verbal )
d. Fiscal Planning Model
PAGE FOUR
Mr. Engen reported on the Interim Growth Management
Committee and referenced a resolution which was submitted to
the County. He noted that the City has requested input to
the County regarding this issue. Quarterly reports will be
prepared to monitor growth in Atascadero.
Councilmember Shiers (member of the interim growth
management committee) , commented on the growth issues adding
that the best protection against growth is in the General
Plan and its policies . Commissioner Lilley (also a
committee member) added that growth needs to be monitored
and provided an update on the committee' s findings.
Commissioner Hanauer referenced the County statistics
contained in Mr. Engen' s staff report stating there has been
a steady incline in growth since 1985 . Mr. Engen added that
approximately 140 single family residences are constructed
each year. Discussion continued.
With regard to the Downtown Master Plan, Mr. Engen presented
a report on the status of this plan noting that the
consultant should have the final report completed some time
in January.
In addressing the Fire Services Master Plan, Mr. Engen `
explained that a meeting had been held earlier today to
select a proposal . Work on this is expected to be completed
in March, 1990 .
Ray Windsor referenced memorandums contained in the agenda
packet which explain the need for a fiscal planning model
which would tie together with the General Plan and address
issues that have been raised this evening. Discussion
followed.
a�
3. GENERAL PLAN COMPLIANCE ISSUES
a. CEQA 10% slopes, new roads, etc.
b. Drainage master plan
Mr. Engen explained the state-mandated requirement for
requiring precise plans (environmental review) for grading
on slopes over 10 and the effect this requirement will
have.
In discussing the master road agreement, Mr. Engen stated
this agreement was first utilized before city incorporation
and added that steps are being taken to assure that these '
roads are constructed in compliance with CEQA guidelines .
Mr. Engen commented that the development review committee
process has been reinstituted wherein representatives from
the various affected city departments review proposed
developments.
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PAGE FIVE
Councilperson Borgeson commented on the EIR and CEOA process
and cautioned that care be taken that a Negative Declaration
determination is justified.
There was further discussion relative to the Dovica tract
map which was approved in 1982 and how subsequent adoption
of the City' s zoning ordinance and CEQA guidelines would now
have a significant effect on development standards and
environmental guidelines for that subdivision today.
Discussion also followed involving bonding versus putting in
the required improvements for a subdivision. Past practice b
allowing guarantees has been shifted to a policy of normally
requiring installation of improvements .
;
Discussion also centered around building on slopes over 30%,
problems that the performance standards encounter in
determining lot size criteria, the fact that lots which have
not been developed are becoming steeper and steeper.
Eric Michielssen stated that bonding for improvements can be
an effective wav to insure that the conditions are
satisfied. It is up to the City to call in the bonds if an
applicant does not comply.
In response to question, Mr. Engen stated that an EIR had
been prepared in 1979 for the Long Valley Ranch area which
focused on geology and seismic considerations .
Commissioner Luna asked what type of environmental review
the General Plan update will undergo. Councilperson Lilley
stated that a draft General Plan is needed in order to
discuss whether an EIR is warranted. Discussion continued.
Joan O' Keefe stated that the cumulative effects of lot
splits need to be specifically addressed in the Genral Plan.
Commissioner Brasher concurred stating she is uncomfortable
with voting on individual lot splits .
This was further discussion concerning the appropriateness
of a focused EIR for the General Plan.
Gary Sims, Senior Civil Engineer, provided an overview of
drainage problems . A master plan would be too broad and
not feasible; there are a few subdrainage areas which would
merit a drainage plan but those areas have not been the
ones that have created this present controversy. Swales are
there to protect the roads; policy is to have the drainage
run under the streets . Most of the drainage problems are
contained in the urban core; urban storm drain systems are
very expensive and in many areas of town it will not be
economically feasible. The property owners should be aware
of potential drainage problems when they purchase property
PAGE SIX
Commissioner Highland provided a historic background on the
drainage plan that was needed. The General Plan calls for
urban drainage within the Urban Service Line and not in the
suburban residential areas.
Mr. Sims added that the only feasible plan may be that of
maintenance. The Public Works Department has drainage
concerns and are constantly trying to keep the City' s
drainage ways clean. People fill up the swales thereby 4
clogging City culverts.
.Tames Berry commented on Mr. Sims' comments and showed an
aerial photo which depicts where the drainage from over 300
acres drains down to his property. The citizens deserve
better than this and he would be thankful for any problems '
which can be alleviated. ;
x
Mayor Dexter remarked that the City will work with the
Berrys to try and resolve their concerns.
Councilwoman Borgeson stated that problems are being fixed
on a piecemeal basis . The City Council can set parameters
on what can be spent. A comprehensive plan is needed with
priorities being set. These problems will not go away
unless a comprehensive plan can be designed to identify
current and future problems.
Mr. Engen stated that the land use element is the first
draft of the General Plan update which will be reviewed.
Commissioner Luna voiced that the rules have not been played .
by and a focused EIR is needed.
Councilperson Shiers added that because procedures have not
be followed in the past, problems are now occurring.
Councilperson Lilley commented on the rural lifestyle the g
citizens of Atascadero desire; responsibility needs to be
taken. Sometimes people have built too close to a drainage
Swale. Limits need to be set as to what the City does .
Commissioner Hanauer suggested that sections of plans could
be integrated into a comprehensive plan.
Fred Frank stated he did not move next to the Dovica
subdivision and added that Public Works is headed in the
right direction in trying to mitigate the drainage problems .
John Madrid said he would provide the City staff with some
positive proposals. '
0
Mayor Dexter expressed his appreciation to the Council and ,M
Commission for this study session.
PAGE SEVEN
The meeting of the Planning Commission and City Council
adjourned at 10 :37 .
MINUTES RECORDED BY:
Patricia Shepphard, Administrative Secretary
MINUTES APPROVED BY: '
Henry Engen, Community Development Director
?t
Meeting Agenda
Date 1/9/90 Item# pi-I
CITY OF ATASCADERO
• SCHEDULE OF CASH RECEIPTS AND TRANSFERS IN
TREASURER' S REPORT
FOR THE MONTH OF OCTOBER, 1989
CASH RECEIPTS:
Taxes:
_ Sales Tax $ 116,000.00
Bed Tax 20,748.93
Property Transfer Tax 5,389. 80
Motor Vehicle In-Lieu 64,480.16
Cigarette Tax 4,089.67
Miscellaneous Taxes 194.17
s
Sanitation Fees 45,485.24
License/Permits/Fees 49,352.50
Franchise Fees 4,434.46
Fines/Penalties/Overages 1,686. 78
Investment Earnings 110,930. 31
P.O.S.T. Reimbursement 2,103. 86
SB-90 Reimbursements 13,653.00
Sales-Maps/Publications/Reports 196.20
Parks and Recreation Fees 15,343. 70
Police Services 521.50
Weed Abatement 248. 65
• Miscellaneous 4,056. 91
Gas Tax Receipts 25,820.91
Traffic Safety 8,592.42
Zoo Receipts 41765. 92
Dial-A-Ride 3,078. 72
Development Fees 52 ,470. 88
Lake/Park Concessions 2,711. 79
Separado/Cayucos-A.D.#4 (370. 82)
Pinal/Escarpa 86-2 21. 00
B.I.A. Dues 60.00
SUB-TOTAL $ 556 ,066.66
OTHER CASH RECEIPTS:
Reimbursement to expense 6 ,108.33
Proceeds from Bond Sales (C.O.P. ) 1,746 ,000. 00
TOTAL OTHER RECEIPTS 1,752 ,108.33
TOTAL CASH RECEIPTS $ 2,308,174. 99
_ m
Meeting Agenda
Date Item#
CITY OF ATASCADERO
CASH ACTIVITY SUMMARY
TREASURER' S REPORT
FOR THE MONTH OF OCTOBER, 1989
BEGINNING CASH RESOURCES $ 6 ,602 ,918.14
ADD:
RECEIPTS 2 ,308,174. 99 .
FUND TRANSFERS 1,500*000. 00
LESS:
DISBURSEMENTS 688,829. 06
FUND TRANSFERS 1,431,874.74
ENDING CASH RESOURCES $ 8,290,389. 33 .3
SCHEDULE OF CASH RESOURCES Int. Due
AS OF OCTOBER 31, 1989 Rate Date
Checking Account:
Mid-State Bank ; 1,849,404.33
Certificates of Deposit:
Butterfield Savings 99,000.00 9.25 12/12/89
First Cal Savings 99,000.00 9.00 02/21/90
Other Investments :
Local Agency Inv. Fund 4 ,415 ,000.00 8. 77 N/A
Fed Home Loan Bank-FICO 1,827,445.00 8. 35 12/06/90
Other Cash Resources :
Petty Cash '540.00
TOTAL CASH RESOURCES $8,290,389. 33
GERE SIBBACH
City Treasurer
.s
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Meeting Agenda
Date 1 qp Item# 3
CITY OF ATASCADERO
SCHEDULE OF CASH RECEIPTS AND TRANSFERS IN
TREASURER' S REPORT
FOR THE MONTH OF NOVEMBER, 1989
CASH RECEIPTS:
k
_ F
Taxes :
Property Taxes $ 115,027. 95
Sales Tax 154,700.00
Bed Tax 596.22
Property Transfer Tax 9,027. 56
Motor Vehicle In-Lieu 70,235. 37
Cigarette Tax 31454. 93
Miscellaneous Taxes 151.20 +
Sanitation Fees 8,307.61 °
License/Permits/Fees 51,015.62
Franchise Fees 4,530. 31
Fines/Penalties/Overages 1,744. 72
Investment Earnings 11531. 76
Rents/Concessions 12,130. 00
P.O.S.T. Reimbursement 2 ,443. 83
911 Funds 397.20
Sales-Maps/Publications/Reports 362.00
Police Services 453.00
Weed Abatement 1,034. 80
Parks and Recreation Fees 14,681. 37
Miscellaneous 25,034.08
Traffic Safety 6,060.59
Developer Fees 50,577.01
Zoo Receipts 5,600.10
Dial-A-Ride 2,965.52
Lake/Park Concessions 522.44
B. I.A. Dues 765.00
A.D.#4-Separado/Cayucos 8,324. 33
A.D. #5-Chandler Ranch 1,114.18
Street Assessment - Pinal/Escarpa 1,006.50
Street Assessment - Cayucos 200.00
SUB-TOTAL 553,995.20
OTHER CASH RECEIPTS:
Reimbursement to expense 6,108. 33
Proceeds from sale of. property 1,687.50
TOTAL OTHER RECEIPTS 7,795. 83
TOTAL CASH RECEIPTS $ 561,791. 03
S �„
Meeting Agenda
Date Item#
CITY OF ATASCADERO
CASH ACTIVITY SUMMARY
TREASURER' S REPORT
FOR THE MONTH OF NOVEMBER, 1989
BEGINNING CASH RESOURCES $ 8,290,389. 33
ADD:
RECEIPTS 561,791. 03
LESS:
DISBURSEMENTS 980,098. 03
ENDING CASH RESOURCES $ 7,872,082. 33
SCHEDULE OF CASH RESOURCES
AS OF NOVEMBER 30, 1989
Checking Account:
Mid-State Bank $ 104 ,097. 33
Certificates of Deposits :
Butterfield Savings 99,000.00 9.25 12/12/89
Other Investments:
Local Agency Inv. Fund 5,841,000.00 8.68 N/A
Fed Home Loan Bank-FICO 1,827 ,445.00 8. 35 12/06/90
Other Cash Resources :
Petty Cash 540.00
TOTAL CASH RESOURCES $7,872 ,082. 33
GERE SIBBACH
City Treasurer
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Meeting Agenda
Date 1/9/90 Item# A-4
CITY OF ATASCADERO
• SCHEDULE OF DISBURSEMENTS
FINANCE DIRECTOR' S REPORT
FOR THE MONTH OF OCTOBER, 1989
DISBURSEMENTS_ :
Hand Warrant Register for October, 1989 13,997.54
10/13/89 Accounts Payable Warrants 213,802. 86
10/27/89 Accounts Payable Warrants 205,289. 67
-Service Charge-Mastercard/Visa 5. 00
Wires for October 1,327,445. 00
10/11/89 Payroll Checks 47663-47846 122 ,346.54
10/25/89 Payroll Checks 48520-48697 - 133,387.45
TOTAL $ ?10161274.06 °
LESS:
Voided Check #47414 220. 00
Voided Check #47913 120. 00
Voided Check #47915 120. 00
Voided Check #47916 120.00
Voided Check #47917 120. 00
Voided Check #47918 200. 00
"Voided Check #47919 120.00
Voided Check #48407 216. 00
• Voided Check #48500 120. 00
Voided Check #47911 1,914. 35
Voided Check #48119 36. 00
SUB-TOTAL VOIDED CHECKS 3,306. 35
TOTAL DISBURSEMENTS $ 2 ,012 ,967. 71
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.
x
MARK A. JOSEPH
Administrative Services Director
_.a
•
t
# NOTE: THE FINANCE DIRECTOR'S REPORT FOR THE MONTH OF NOV ER WILL BE DISTRIBUTED
AT A LATER TIME.
A
s
Nleeting Agenda
Date - Item # '
CITY OF ATASCADERO
SCHEDULE OF DISBURSEMENTS
FINANCE DIRECTOR ' S REPORT
FOR THE MONTH OF NOVEMBER, 1989
DISBURSEMENTS
Hand Warrant Register for November , 1989 27, 199.61
11/3/89 Accounts Payable Warrants 19,375.62 x'
11/10/89 Accounts Payable Warrants 108,089. 18
11/22/89 Accounts Payable Warrants 565,330.49
11/28/89 Accounts Payable Warrants 30,591 .57
Service Charge Mastercard/Visa 5.00
Wires for November 1 ,746,000.00
11/8/89 Payroll Checks #47999-48148 113,919. 17
11/22/89 Payroll Checks #48879-48296 115,587.39
Total 2,726,098.03
LESS:
Voided Check #48682 50.00
Voided Check #48481 449.55
Voided Check #48604 168. 11
Voided Check #48817 69.00
Voided Check #48163 270.00
Voided Check #48647 36.00
Voided Check #48116 80.07
Total Disbursements 1 , 122.73
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
Administrative rvices Director
rv�w,
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-5
Through: Ray Windsor, City Manager Meeting Date: 1/9/90 t
- From: Mark Joseph, Administrative Services Director
SUBJECT: Ratification of Revised Agreement for Central Coast
Cities Self-Insurance Fund.
RECOMMENDATION: Staff recommends Council adopt the attached
resolution ratifying the revised Joint Powers Agreement . (Res. #1-90)
BACKGROUND/ANALYSIS: The attached memo from Fred S. James & Co .
highlights the significant changes. The new structure
streamlines what is a fairly routine yet technical process. Any
major program changes (such as the provision of new insurance
coverage) would be brought back to Council for review.
.. The proposed By-Laws have also been attached , although they
• are not for Council adoption.
ALTERNATIVES:
1 . Decline adoption of the new JPA. The City of Atascadero would
then have to drop out of the Fund and find a new, and most likely
more expensive, source of insurance.
2. Amend the proposed JPA. This would prolong the adoption
process, since all the other member Cities would also have to
agree with the changes. The JPA ' s Board of Directors (which has
representatives from all member Cities, including Atascadero )
recommended adoption at its October 4, 1989 meeting .
FISCAL IMPACT: No significant fiscal impact is expected.
s
Xyi '
Janws
FRED.S.JAMES&CO.OF CALIFORNIA P.O.Box 7601 San Francisco,CA 94120-7601 415983-5600
V ED
SEP 1989
TO: Board of Directors CITY DATE: September 1, 1989
Central Coast Cities Self Insurance and
FROM: Dale McPherson
RE: Proposed Revision of the Joint Exercise of Powers Agreement and the
Creation of Bylaws
Earlier this year we recommended that the Joint Exercise of Powers Agreement be
recreated to more adequately reflect the operation of the Central Coast.Cities Self
Insurance Fund. In addition, it was recommended that Bylaws be developed to
provide for written operating policy and procedure.
A draft of both documents was submitted to Mr. Roger Picquet, of Lyon and
Picquet for review and suggestions from a legal standpoint. Mr. Picquet's
recommendations were then reviewed by Gary Napper, Past President; Jerry
Bankston, President; Bob Livingston, Vice President; and Bill Statler, Treasurer. •
Attached are the recommended documents being proposed for adoption by the
member cities. In effect, we are starting over with a new JPA Agreement rather
than amending the existing document. The new documents will not become effective
until all current members adopt them b
p y Council action.
Many of the changes are cosmetic in nature. The basic concepts of the Programs
are the same. The governing structure has been modified to facilitate day-to-day
-
day
operations. The major changes are summarized as follows:
• Bylaws have been created. Bylaws will allow more flexibility as they may be
amended by a two-thirds vote of the Board of Directors.
• An Executive Committee has been created and is composed of the Immediate
Past President, President, Vice President, and Secretary/Treasurer. The
SecretaryfTreasurer is a non-voting member. The Executive Committee shall
oversee day-to-day operation of the Authority with whatever powers are
provided by the Board.
• The President is granted more authority.
T Z50740/N.W3.1
FAX: 415/398-1841 Insurance Brokers Since 1858 Telex: 820236
CCCSIF Board of Directors
September 1, 1989
Page Two
• The positions of Secretary and Treasurer have been combined.
• The terms of office are for one year. Currently there is no set term of office.
• The terms of office will be on a calendar year basis, rather than on a fiscal
year basis.
• The current JPA Agreement contains a section on an Employee Benefits plan
which is no longer in existence. The new Agreement does not address
specific programs; provisions of specific programs are covered in the Bylaws
which can be changed by the Board of Directors whenever appropriate.
At the October 4, 1989 Board of Directors meeting, it will be recommended that the
Board of Directors approve the documents for submittal to their City Councils for
adoption and signature.
If you have any questions, please give me a call at (415) 983-9633.
TE/750740M.W3.2
BYLAWS
of the
CENTRAL COAST CITIES SELF INSURANCE FUND
PREAMBLE
Pursuant to that certain agreement entitled "Joint Exercise of Powers Agreement for
the Central Coast Cities Self Insurance Fund" dated , 1989 and
effective , 1989 these Bylaws have been adopted for the
regulation of said Authority.
ARTICLE I
DEFINITIONS
The terms in these Bylaws shall be as defined in the Agreement creating the Central
Coast Cities Self Insurance Fund, unless otherwise specified herein.
ARTICLE II
OFFICES
The principal executive office for the transaction of business of the Authority is
hereby fixed and located at:
City of San Luis Obispo
Finance Director
P.O. Box 8100
San Luis Obispo, CA 93403-8100
The Board shall have the authority to change the location of the principal executive
office from time-to-time. Any such change shall be noted in the Bylaws, and this
section shall be amended to state the new location. Official notice shall comply with
Section 53051 of the California Government Code.
{
TE/7-50739TS1.1
es-
ARTICLE III
MEETINGS
In addition to a required annual meeting as called for in the Joint Exercise of
Powers Agreement, the Board shall meet on an as needed basis as determined by
the Board.
Official minutes of the Board meeting shall be kept by the Authority at its principal
executive office.
ARTICLE IV
ELECTION OF PRESIDENT AND VICE PRESIDENT
The Board of Directors shall elect the President and Vice President from among the
Board members. Election of President and Vice President and conditions of office
are as follows:
1. A nominating committee shall be appointed by the President to
recommend a slate of officers. In addition, any Board member may nominate
another Board member for an office.
2. Each Board member shall cast one vote for the candidate of his/her
choice for each office.
3. All terms of office shall be for one year. The officers shall begin
serving terms at the beginning of the calendar year immediately following the
election. The terms of office shall end on December 31 of each year.
4. Elections shall be held whenever there is an office vacancy.
5. President and Vice President shall hold their positions as individuals
and not merely as a representative of a Member Agency.
ARTICLE V
DUTIES OF OFFICERS
PRESIDENT. The duties of the President shall be:
1. to preside at all meetings of the Board of Directors and the Executive
Committee.
2. to sign contracts on behalf of the Joint Powers Authority.
TE/I50739.PS1.2
u
3. to enter into insurance agreements on behalf of the Joint Powers
Authority within the parameters as granted by the Board.
4. to prepare the meeting agendas.
5. to direct the Program Administrator.
6. to facilitate and ensure the preparation of minutes of the meetings as
required.
7. to perform such other duties as the Board may specify.
VICE PRESIDENT. The duties of the Vice President shall be to act as the
President in the absence of the President and to perform such other duties as the
Board may specify.
SECRETARY/TREASURER. The duties of the Secretary/Treasurer shall be:
1. to have custody and maintenance of the Authority's records and
documents.
2. to maintain all accounting and other financial records in accordance
with accepted financial accounting practices.
3. to file all financial reports required of the Authority.
4. to perform the functions of controller and to have the duties specified
in Section 6505.5 of the Government Code.
5. to make payments pursuant to previously authorized contracts which
are within budget limits.
6. to collect and process all Conflict of Interest statements and records in
compliance with State requirements.
The Secretary/Treasurer shall furnish a fidelity bond in a minimum amount of One
Hundred Thousand Dollars ($100,000) conditioned upon the performance of the
duties herein prescribed. The amount of the bond shall be determined from
time-to-time by the Board. Any premiums for such bond shall be a proper charge
against the Authority.
N
TE/Z50739.PS13
ARTICLE VI
CONIMITTEES AND DUTIES
EXECUTIVE COMMITTEE. The Executive Committee shall be comprised of the
President, Vice President, immediate Past President and Secretary/Treasurer. The
Secretary/Treasurer shall be a non-voting member. The Executive Committee shall
oversee the day-to-day management of the Authority. For purposes of conducting
such business, the Executive Committee has powers as may be provided for by the
Board. The Executive Committee shall provide reports to the Board as required.
SAFETY COMMITTEE. Each member city shall appoint a representative to the
Authority's Safety Committee which shall meet regularly to plan, coordinate and
implement programs instrumental in reducing loss.
ARTICLE VII
BUDGET
The Authority shall annually adopt an operating budget pursuant to Article XII of
the Joint Exercise of Powers Agreement, which shall include a separate budget for
each Program. The preliminary budget shall be submitted to all members no later
than April 15 of each year, and a final budget shall be completed no later than
June 15 of each year.
The budget shall provide for:
Revenue
Administrative Expenses
Incurred Losses
Insurance Expense r
Loss Control Program Expense
ARTICLE VIII
DISBURSEMENT AND MANAGEMENT OF FUNDS
The disbursement and management of funds of the Authority shall be in accordance
with the following:
1. The Treasurer's Office shall have sole authority to withdraw funds from
the Local Agencies Investment Fund (LAIF) in accordance with policy and
procedures adopted by the city in which the Joint Powers Agency funds are
managed.
TE/L50739TS1.4 �
2. The Treasurer shall have authority to transfer funds from reserves to
offset budget overruns of other budget line items.
3. Authority may be granted to the Claims Administrators to issue
warrants from a trust account in amounts so specified by the Board for
purposes of claims administration or settlement.
ARTICLE IX
INVESTMENT OF FUNDS
The Treasurer shall invest surplus funds from each Program in accordance with the
Investment Policy adopted by the Board of Directors.
The Treasurer shall submit to the Board of Directors no less than annually, a report
of investments. The report shall include, but not be limited to, a list of investments
comprising the Authority's portfolio, rates of interest, and annual yield on
investments.
ARTICLE X
SETTLEMENT OF CLAIMS
Each member of a Program gr hall grant to the Program's Claims Administrator
discretionary settlement authority in an amount determined by the Member Agency.
All settlements in excess of the settlement authority of the Claims Administrator
shall require approval from each Member Agency in accordance with the provisions
of the entity's Municipal Code or procedure.
r
ARTICLE XI z
LIABILITY PROGRAM
a
1. PROGRAM STRUCTURE. The Auto and General-Liability Program shall
consist of a deductible, a self-insured retention layer (pool), and purchased excess
insurance in an amount determined annually by the Board of Directors. Each
Member Agency shall determine the amount of their deductible, but in no case may F
it be less than $1,000 for each occurrence insured against.
2. COVERAGE. The coverage provided in all layers of the program shall be
the same as that of the coverage provided in the excess insurance policy.
TE/Z50739.PS1.5
3. PLAN FUNDING. The Liability Program shall be funded annually by each
Member Agency contributing a Deposit based on funding formulas established by
the Board of Directors. There shall be three cost components that are funded by
the Deposit. They are: (1) the loss reserve fund, (2) the excess insurance premium,
and (3) administrative costs. The Deposit shall be sufficient to cover the Budget for
each Program Year of the Program.
4. RETAINED RISK. For coverage provided, the Authority is responsible for
coverage of risks in the self-insured retention layer (pool) over and above the
deductible applicable to the Member Agency.
5. DEDUCTIBLE RECOVERY. Each Member Agency is responsible for a
deductible under the Program for losses that occur. Loss is defined as paid claims,
adjusting costs, and legal expense. Repayment is made to the Authority for the
deductible after the claim is paid by the Authority. When a claim is paid and
closed, or payment on an open claim reaches $1,000, the Claims Administrator shall
bill each Member Agency. Payments shall be made to the Authority's Treasurer. t
{
6. REFUND PLAN. A Member Agency in the Program three complete fiscal
years, reflecting a positive "Fund Balance" may be eligible for a percentage refund of
their "Fund Balance" if such a refund is declared by the Board of Directors.
In the Refund Plan calculation, the "Fund Balance" represents the amount of funds
remaining in a Member Agency's account after allowing for reserves, an IBNR
(Incurred But Not Reported) reserve, and inflation factors.
ARTICLE XIII
WORKERS' COMPENSATION PROGRAM
1. PROGRAM STRUCTURE. The Workers' Compensation Program shall
consist of a self-insured retention layer (pool), and purchased excess insurance in an
amount determined annually by the Board of Directors.
I
2. COVERAGE. The coverage provided shall be those statutory Workers'
Compensation benefits prescribed by California State law, and for Employers
Liability. 1
3. PLAN FUNDING. The Workers' Compensation Program shall be funded
annually by each Member Agency contributing a Deposit based on funding formulas
established by the Board of Directors. There shall be three cost components funded
TE,/750739.PS1.6
.. ,=,!', xa 'r'.:" x. ., .. x...,„rz..+*r '",d•�+MqK�A45::a.a. e4A:rx: 'rt''.aa. ,na`«�ra: ,r. �...
by the Deposit. The components are: (1) the loss reserve fund, (2) the excess
insurance premium, and (3) administrative costs. The Deposit shall be sufficient to
cover the Budget for each Program Year of the Program.
4. RETAINED RISK. The Authority is responsible for coverage of those State
mandated Workers' Compensation and Employers Liability benefits in the
self-insured retention layer (pool) of the Program.
5. REFUND PLAN. A Member Agency in the Program three complete fiscal
years, reflecting a positive "Fund Balance" may be eligible for a percentage refund of
their "Fund Balance" if such a refund is declared by the Board of Directors. The n
"Fund Balance" represents the amount of funds remaining in a Member Agency's
account after allowing for reserves, an IBNR (Incurred But Not Reported) reserve,
and inflation factors.
4.
ARTICLE XIII :x
NEW MEMBERS
Any city within the Counties of San Luis Obispo, Santa Barbara or Ventura may
apply for admission to the Joint Powers Authority for participation in any or all
Programs. The Board of Directors, shall vote on the city's application for admission z
after evaluating past loss experience, financial status, other risk management
considerations, and compatibility with the objectives of the Authority. .
A two-thirds majority vote of the Member Agencies participating in a Program shall
be required for admission to the Program subject to ratification by two-thirds
majority vote of the entire Board of Directors of the Authority.
ARTICLE XIV
AMENDMENTS
These Bylaws may be amended by a majority of the Board provided that any
amendment is compatible with the purposes of the Authority, is not in conflict with
the Agreement and has been submitted to the Board at least 30 days in advance.
Any such amendment shall be effective immediately, unless otherwise designated.
TEIZ50739.PS1.7
'w,
RESOLUTION NO. 1-90 r
R
A RESOLUTION OF THE CITY OF ATASCADERO y
RATIFYING THE REVISED JOINT EXERCISE
OF POWERS AGREEMENT FOR CENTRAL
COAST CITIES SELF-INSURANCE FUND
`Ax's
WHEREAS, the existing Joint Exercise of Powers Agreement for
the Central Coast Cities Self-Insurance Fund needs to be revised;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City
of Atascadero does hereby ratify:
Section 1 . That the revised Joint Exercise of Powers
Agreement for Central Coast Cities Self-Insurance Fund dated
August 9, 1969 and attached hereto , as exhibit I and made a part
of this resolution, is adopted ; and
Section 2. That this resolution shall take effect w
immediately upon adoption.
On motion by Councilperson and seconded
by Councilperson the foregoing resolution is
hereby adopted in its entirety on the following vote: {
AYES:
NOES:
ABSENT:
DATE:
ATTEST:
r
t
BOYD C. SHARITZ, City Clerk ROLLIN DEXTER, Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ARTHER MONTANDON RAY WINDSOR
City Attorney City Manager
EXHIBIT I
JOINT EXERCISE OF POWERS AGREEMENT
FOR CENTRAL COAST CITIES SELF INSURANCE FUND
This Agreement is made by and among the undersigned public entities, all of
which are organized and operating under the laws of the State of California.
RECITALS
1. The following state laws, among others, authorize the Member
Agencies to enter into this Agreement:
A. Labor Code Section 3700(b) which allows a local public entity to
fund its Workers' Compensation claims;
B. Government Code Sections 989 and 990 which permits a local
public entity to insure against liability and other losses;
C. Government Code Section 990.4 which permits a local public
entity to provide insurance and self-insurance in any desired combination;
y
D. Government Code Section 990.8 which permits two or more
local public entities to enter into an agreement to jointly fund such
expenditures in accordance with Government Code Sections 6500-6515; and
MZ50738TS1 1 August 9, 1989
E. Government Code Section 6500-6515 which permits two or more
local public entities to jointly exercise under an agreement any powers which
Y
are common to each of them.
2. Each of the parties to this Agreement desires to join with the other
parties for the purpose of:
A. Developing effective risk management programs to reduce the
amount and frequency of their losses;
t
B. Pooling their self-insured losses; and
C. Jointly purchasing insurance and administrative services in
connection with any of the programs for said parties.
3. The governing body of each undersigned public entity has determined
that it is in the entity's own best interest and in the public interest that this
present Agreement be executed and that the entity shall participate as a
member of the public entity created by this Agreement.
NOW, THEREFORE, the undersigned, by, between and among themselves,
in consideration of the mutual benefits, promises and agreements set forth below,
hereby agree as follows:
TE,/ZS0738.PS1 2 9
August 1 AuS 989
af
AGREEMENT 0
ARTICLE I
RE-CREATION OF THE CENTRAL COAST CITIES SELF INSURANCE FUND
This agreement has been created for the purpose of revising and updating an
existing Joint Exercise of Powers Agreement forming the Central Coast Cities Self
Insurance Fund.
Pursuant to Article I, Chapter 5, Division 7, Title I of the Government Code of the
State of California (commencing with Section 6500), the parties hereto hereby create
a public agency, separate and apart from the parties hereto, known as the Central E
Coast Cities Self Insurance Fund, hereinafter called the Authority. This agreement
shall supersede any such other agreement.
k
ARTICLE H
PURPOSES
This Agreement is entered into by Member Agencies pursuant to the provisions of
California Government Code Sections 990, 990.4, 990.8, and 6500, et seq., to:
1. Pool on a self-insured basis various risks in excess of established
deductible amounts and up to a jointly selected maximum;
2. Jointly purchase insurance coverage;
3. Jointly purchase administrative and other services including, but not
limited to: claims administration, data processing, risk management, loss
prevention and legal services in connection with any of the Programs;
TE/L50738.PS1 3 August 9, 1989 ;
Ef
m
4. C a the cost of the
Create and maintain various Program funds o pay t
self-insured portions of losses insured against;
5. Implement risk management and loss control programs;
6. Provide for including in the future additional cities which desire to
become parties to the Agreement; and
7. Provide for the removal of Member Agencies for cause or upon
request.
ARTICLE III
DEFINITIONS
Unless the context otherwise requires, the following terms shall be defined as herein
stated:
1. "Authority" shall mean Central Coast Cities Self Insurance Fund.
2. 'Board" or 'Board of Directors" shall mean the governing body of the
Authority.
3. "Deposit" shall mean the estimated amount determined by the Board
for each Member Agency necessary to fund the Program Year for each
Program of the Authority.
TETL5073&PS1 4 August 9, 1989
4. "Insurance" shall mean that insurance which may be purchased on
behalf of the Authority to protect the funds of the Member Agencies against
loss as is determined by the Board of Directors.
5. "Member Agency" shall mean any of the public entities which are a
party to this Agreement.
6. "Memorandum of Coverage" shall be the document issued by the
Authority to Member Agencies specifying the type and amount of pooled
coverage provided to each Member Agency by the Authority.
7. "Fiscal Year" shall mean a period of time as defined in Article XI, to
be used in determining operating budget, deposits, and incurred losses.
8. "Program" shall include, but not be limited to, property, workers'
compensation, and liability coverages as may be determined by the Board.
9. "Covered Losses" shall mean any loss resulting from a claim or claims
against a Member Agency which is in excess of its respective deductible and
is covered by any Memorandum of Coverage issued by the Authority or any
purchased insurance coverage.
:x
ARTICLE VI
PARTIES TO AGREEMENT
Each party to this Agreement certifies that it intends to, and does, contract with all
other parties who are signatories to this Agreement and, in addition, with such other
parties as may later be added parties to, and signatories of, this Agreement pursuant
TE/L50738TS1 5 August 9, 1989 1
{Ai
to Article XVII. Each party to this Agreement also certifies that the deletion of any
PAgreement,
arty from this pursuant to Article XVIII or XIX, shall not affect this
Agreement or the remaining parties' intent to contract as described above with the
other parties to the Agreement then remaining.
ARTICLE V
TERM OF AGREEMENT
This Agreement shall become effective when executed by the cities of Arroyo
Grande, Atascadero, Grover City, Guadalupe, Lompoc, Morro Bay, Paso Robles,
Pismo Beach, San Luis Obispo, Santa Maria, and Santa Paula, and shall remain in
full force until terminated in accordance with Article XXI.
• ARTICLE VI
POWERS OF THE AUTHORITY
The Authority is authorized, in its own name, to do all acts necessary to fulfill the
purposes of this Agreement as referred to in Article II, including, but not limited to:
1. Make and enter into contracts;
2. Incur debts, liabilities and obligations, but no debt, liability or
obligation of the Authority is a debt, liability or obligation of any Member
Agency, except as otherwise provided by Article XIX and XX;
3. Acquire, hold or dispose of real and personal property;
TE/750738.PS1 6 August 9, 1989
n.
„ ,.
4. Receive contributions and donations of property, funds, services and
other forms of assistance from any source;
5. Sue and be sued in its own name;
6. Lease real or personal property, including that of a Member Agency;
7. Receive, collect, invest and disburse monies; and
8. Undertake such other activities as may be necessary to carry out the
purpose of this Agreement.
These powers shall be exercised in the manner provided by applicable law and as
expressly set forth in this Agreement.
ARTICLE VII
MEMBER AGENCY RESPONSIBILITIES
The Member Agencies shall have the following responsibilities:
1. To appoint a representative and alternate to the Board of Directors;
2. To cooperate fully with the Authority in determining the cause of
losses and in the settlement of claims, as defined in the insurance coverage;
3. To pay deposits and any adjustments thereto promptly to the Authority
when due;
TE/L50738.PS1 q )
August 9, 1989
Y
4. To provide the Authority with such statistical and loss experience data
• and other information as may be necessary for the Authority, in all matters
relating to this Agreement and to comply with the Bylaws and all policies and
procedures adopted by the Board.
5. Maintain an active risk management program.
6. Designate a risk manager charged with overseeing the entity's risk
management program within the city;
7. Comply with safety/loss control requirements established by the
Authority.
8. Establish a claim management procedure.
ARTICLE VIII
BOARD OF DIRECTORS
1. MEMBERSHIP There shall be a Board of Directors to govern the
affairs of the Authority. The Authority's Board shall be comprised of one
representative from each Member Agency. The City Council of each
Member Agency shall appoint as its representative the City Manager, or City
Administrator. The Board member shall serve and be subject to removal and
replacement at the pleasure of the appointing city. Said representative shall
have authority to bind the Member Agency on all matters pertaining to this
agreement.
TE/150738.PS1 8 August 9, 1989
Each Board representative shall appoint one alternate for such representative who
shall attend meetings in the event that the appointed representative is unable to
attend and who shall, as an alternate, have the same rights as the representative so
appointed.
2. OFFICERS The Board of Directors shall elect from its membership a
President and Vice President in accordance to the provisions of the Bylaws.
The Board of Directors shall appoint a Secretary/Treasurer who is not
required to be a member of the Board of Directors. ;.
I
3. POWERS The powers of the Board shall be all of the powers of the
Authority not specifically reserved to the Member Agencies by this Agreement
and may include, but not be limited to, Article II of said Agreement and the
ik
following:
A. Approval of Insurance Coverages.
1
B. Setting deposit premiums.
C. Approval of the annual Authority budget.
D. Election of officers.
a
E. - Creation of Bylaws.
F. Approval of service providers, including but not limited to:
(1) Program Administrator/Broker
h
T-/ZS0738.PS1 9 August 9, 1989
JPA''-Y '
(2) Legal counsel
(3) Auditors
(4) Claim administrators
(5) Loss prevention consultants
G. Delegate authority to officers as provided for in the Bylaws.
ARTICLE IX
MEETINGS AND RECORDS
1. BOARD MEETINGS The Board shall hold at least one regular
. meeting each fiscal year. The Board shall fix the date, hour and place at
which each regular meeting is to be held. Special meetings may be called by
the President or upon written request of at least one-third of the Board.
Notice of such special meetings shall be delivered personally or by mail to
each Board Member at least seven (7) days before such meeting.
Each meeting of the Board, including, without limitation, regular, adjourned regular
and special meetings, shall be called, noticed, held and conducted in accordance with
the Ralph M. Brown Act (Section 54950, et seq. of the Government Code).
v
2. RECORDS The President shall keep, or have kept, minutes of all
regular, adjourned, regular and special meetings of the Board. As soon as
TF.rL50738TS1
10 August 9, 1989
possible after each meeting, a copy of the minutes shall be forwarded to each
member of the Board. Minutes may not be kept of any closed sessions.
No business may be transacted by the Board without a quorum of its members being
present. A quorum shall consist of a majority of its members authorized
representatives. A majority of the members present must vote in favor of a motion
to approve it, except as may otherwise be provided for in this Agreement.
Alternates shall have all the power and authority of a designated representative.
The Board shall conduct its business in accordance with Roberts Rules of Order.
ARTICLE X
BYLAWS AND ADMINISTRATION POLICY AND PROCEDURES
The Board shall cause Bylaws to be developed consistent with applicable law and
this Agreement, to govern the day-to-day operations of the Authority. Each Board
member shall receive a copy of the Bylaws and any administrative policies and
procedures developed under this article. The Board may adopt additional Bylaws
and approve administrative policy and procedures or change existing ones so long as
they shall be and remain consistent with both applicable law and with this
Agreement.
ARTICLE XI
FISCAL YEAR
The fiscal year of the Authority shall be the period beginning the first day of July of
each calendar year to and including the 30th day of June of the following year.
TE/Z50738.PS1 11 August 9, 1989
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ARTICLE XII
BUDGET
The Board shall adopt an annual budget prior to the beginning of each fiscal year.
ARTICLE XIII
ANNUAL AUDIT AND AUDIT REPORTS
The Board of Directors shall cause an annual financial audit to be made with
e�
respect to all receipts, disbursements, and other transactions by a Certified Public _ 4
Accountant experienced in and qualified to conduct public agency audits. A report
of such financial audit shall be filed as a public record with each of the Member
Agencies. Such report shall be filed no later than required by law. All costs of
such financial audit shall be paid by the Authority and shall be charged against the
Member Agencies in the same manner as all other administrative costs.
ARTICLE XIV
ESTABLISHMENT AND ADMINISTRATION OF FUNDS
The Authority shall be responsible for the strict accountability of all funds and
reports of all receipts and disbursements. It will comply with all provisions of law
relating to the subject, particularly Section 6505 of the California Government Code.
The Treasurer shall receive, invest and disburse funds only in accordance with the
procedures established by the Board of Directors, the Bylaws, and in conformity with
applicable law.
TE/Z50738.PS1 12 August 9, 1989
A.'p`=
ARTICLE XV
DEPOSITS
The deposit for each Member Agency for each Program in which they participate
shall be calculated and paid in accordance with the Bylaws and Administrative Policy
and Procedures.
4
ARTICLE XVI
PROGRAMS
The coverage(s) provided by the Authority shall be as specified in the Memoranda
of Coverage and/or insurance policies. Each Member Entity shall have the ability to
determine in which Programs it will participate.
ARTICLE XVII
NEW MEMBERS
Prospective Members may apply for participation in the Authority in accordance
with, and as stated in the Bylaws. F
A two-thirds majority vote of the cities participating in a Program shall be required
for admission to any Program subject to ratification by two-thirds majority vote of
the entire Board of Directors of the Authority.
N
TE/750738.PS1 13
August 9, 1989.
ARTICLE XVIII
WITHDRAWAL
Any Member Agency of the Authority who has been a member for at least three
full fiscal years may withdraw from one or any Program in which it participates.
The withdrawal may be effective only at the end of a fiscal year. The withdrawing
Member Agency must notify the Authority in writing at least ninety (90) days prior
to the end of the fiscal year that it will withdraw from a Program.
After withdrawal, the withdrawing member shall continue to be responsible for any
financial obligation incurred by reason of losses occurring prior to the effective date
of an entity's withdrawal.
ARTICLE XIX
EXPULSION
The Authority may expel any Member Agency, with or without cause, as a
participant in any program or as a member of the Authority by a two-thirds vote of
the Board.
ARTICLE XX
EFFECT OF WITHDRAWAL OR EXPULSION
The withdrawal or expulsion of any Member Agency after the inception of its
participation in any program shall not terminate its responsibility to:
TE/Z50738.PS1 14
August 9, 1989
1. Cooperate fully with the Authority in determining the cause of losses
and in the settlement of claims, as defined in the coverage agreement;
2. Pay any adjustments determined by the Board to be due and payable
for each program year in which it participated;
3. Provide the Authority with such statistical and loss experience data and
other information as may be necessary for the Authority to carry out the
purposes of this Agreement; and
4. Cooperate with and assist the Authority, any insurer, claims adjuster or
legal counsel retained by the Authority, in all matters relating to this
Agreement.
ARTICLE XXI
TERMINATION AND DISTRIBUTION
The Programs provided for by this Agreement may be terminated when the Board
so determines that the withdrawal of a sufficient number of members makes it no
longer feasible to continue as a Joint Powers Authority, and that the public interest
is no longer served. However, this Agreement and the Authority shall continue to
exist for the purpose of disposing of all claims, distribution of assets and all other
functions necessary to conclude the affairs of the Authority.
Upon termination of all Programs provided for under this Agreement and the
settlement of all liabilities and claims, including incurred but not reported claims, all
property of the Authority shall be divided among the entities in a ratio equal to
TE/L50738.Ps1 15 August 9, 1989
their equity in each Program in which they participate. The Board shall determine
such distribution within six months after the last pending claim or loss covered by
this Agreement has been finally resolved.
The Board is vested with all powers of the Authority for the purpose of concluding
and dissolving the business affairs of the Authority.
{
ARTICLE XXII
NOTICES
Notices to Member Agencies under this Agreement shall be sufficient if mailed to
their respective addresses on file with the Authority. Notices to the Authority shall
be sufficient if mailed to the address of the Authority as contained in the Bylaws.
ARTICLE XMH
PROHIBITION AGAINST ASSIGNMENT
No Member Agency may assign any right, claim or interest it may have under this
Agreement, and no creditor, assignee or third party beneficiary of any Member
Agency shall have any right, claim or title to any.part, share, interest, fund, premium
or asset of the Authority. F
TE/Z50738.PS1 16 August 9, 1989
Fyt
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ARTICLE XXIV
AMENDMENTS
This Agreement may be amended by a two-thirds vote of the Member Agencies at
any regular or special meeting of the Board, provided that any amendment is
compatible with the purposes of this Agreement and it has been submitted to the
Board Members at least sixty (60) days in advance. Any such amendment shall be
effective immediately upon two-thirds vote of the member agencies.
ARTICLE XXV
SEVERABILITY
Should any portion, term, condition or provision of this Agreement be decided by a
court of competent jurisdiction to be illegal or in conflict with any law of the State
of California, or be otherwise rendered unenforceable or ineffectual, the validity of
the remaining portions, terms, conditions and provisions shall not be affected
thereby.
ARTICLE XXVI
HOLD HARMLESS AND INDEMNIFICATION
Member Agencies agree and covenant to save free and hold harmless and indemnify
the Authority, other Member Agencies, their elected officers, employees and
volunteers for any claim, damage, or liability in connection with claims handling,
claims administration, retrospective adjustments, assessments, deposits, coverage,
error and omissions, and/or decisions to expel a Member Agency.
TE/Z50738.PS1 17 August 9, 1989
ARTICLE XXVII
AGREEMENT COMPLETE
The foregoing constitutes the full and complete agreement of the parties. There are
no oral understandings or agreements not set forth in writing herein.
ARTICLE XXVM
EXECUTION OF COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which
when so executed shall be deemed to be an original, but altogether shall constitute
one and the same agreement.
. IN WITNESS WHEREOF, each of the parties hereto, by and through their
respective duly authorized representatives, have executed this Agreement on the date
so indicate.
DATED:
CITY OF:
BY:
Mayor
BY:
City Clerk
TF./I50738.PS1 18 August 9, 1989
r
REPORT TO CITY COUNCIL A
CITY OF ATASCADERO Agenda Item: A-6
Through: Ray Windsor , City Manager Meeting Date: 1-9-90
From: Mark Joseph , Administrative Services Director r
i
SUBJECT: Renewal of Eligibility in the Federal Surplus Property
Program
ky
i
RECOMMENDATION: Staff recommends Council adopt the attached
resolution renewing our eligibility in the Federal - Surplus
Property program. (Res. No. 2-90)
BACKGROUND/ANALYSIS: The Federal Surplus Property Program allows
the City to purchase surplus Federal property at little or no
cost. Although the City has not needed to take advantage of the
program recently, there is no cost associated with eligibility.
The- only conditions on the program are that the items acquired be
• used for public purposes and that they be returned to the State
( the entity administering the program in California) if and when
the City no longer has need of the items. This second condition
is waived if the item has been in use for over 12-18 months.
The terms and. conditions are attached to this report .
ALTERNATIVES-
I . Decline to renew eligibility. This would preclude the City
from participating in the program.
FISCAL IMPACT: There is no negative impact . Depending upon the =
City ' s needs and the discounted cost of items purchased through
the program, there should be a savings for the City in the long
run.
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STATE OF CALIFORNIA—STATE AND CONSUMER SERVICES AGENCY GEORGE DEUKMEJIAN. Govwwr
DEPARTMENT OF GENERAL SERVICES
State Agency for Surplus Property
2325 Moore Avenue
Fullerton, CA 92633
(714) 992-0900
11-29-89
City of Atascadero
t P.O. Box 747
Atascadero, CA 93423
.Attention:
r x.
'According to regulations , governing the Federal Surplus
Property Program, all donee organizations must renew their
eligibility periodically.
Because our records indicate updated eligibility for your
organization hasnotbeen accomplished in some time, we
request that you complete the attached renewal application
form and return it to uswithinsixty days from the date of
this letter. Failure to respond within that time will •
result in automatic cancellation from the program.
When your completed form is returned to us, only those names
listed thereon will . be considered current. All previous
authorizations of personnel will be rescinded. You may
attachanadditional list to the form if needed.
If you have any questions, or additional time is required for
return of the completed form, please call.
Sinc y,
GERALD E. SMITH, Director
State Agency for Surplus Property
GES/bt
attch.
.hV yppf 4 L.y...
RESOLUTION NO. 2-90
A RESOLUTION OF THE CITY OF ATASCADERO
RENEWING THE CITY 'S ELIGIBILITY IN THE
FEDERAL SURPLUS PROPERTY PROGRAM
z
WHEREAS, The City desires to remain in the Federal Surplus k
Property Program, '',
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City
of Atascadero does hereby ratify:
Section 1 . That the following employees listed below shall be and
are hereby authorized as our representatives to r
acquire federal surplus property from the California }
State Agency for Surplus Property under the Terms and
Conditions listed on the attached Exhibit I ,
made a part of this resolution,
Ray Windsor , City Manager
Mark Joseph , Administrative Services Director
Section 2. That this resolution shall become effective
immediately upon adoption.
On motion by .Councilperson and seconded by
Councilperson the foregoing resolution is hereby
adopted in its entirety on the following vote. '
AYES:
NOES:
ABSENT:
DATE:
ATTEST:
t
I
BOYD C. SHARITZ, City Clerk ROLLIN DEXTER, Mayor
APPROVED AS TO FORM APPROVED AS TO CONTENT '
h�
ARTHER MONTANDON, City Attorney RAY WINDSOR, City „Manager ;,
r>
' EXHIBIT' I.
TERMS AND CONDITIONS
(A) THE DONEE CERTIFIES THAT:
(1) It is a public agency;or a nonprofit institution or organization,exempt from taxation under Section 301 of the Internal Revenue Code of 1934;within the
meaning of Section 203(j)of the Federal Property and Administrative Services Act of 1949,as amended,and the regulations of the Administrator of General
(2) If a publk agency,the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more
public purposes,or,if a nonprofit tax-exempt instjtution or organization,the property is needed for and will be used by the recipient for educational or public
health purposes,including research for such purpose,or for programs forolder individuals.The property is not being acquired for any other use or purpose,or for
sale or other distribution;or for permanent use outside the state,except with prior approval of the state agency.
(3) Funds arc available to pay all costs and charges incident to donation.
(4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Title VI of the Civil
Rights Act of 1964,Title VI,Section 606,of the Federal Property and Administrative Services Act of 1949,as amended,Section 304 of the Rehabilitation Aa of
1973,as amended,Title IX of the Education Amendments of 1972,as amended,and Section 303 of the Age Discrimination Act of 1973.
(B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
(1) All items of property shall be placed in use for the purpose(s)for which acquired within one year of receipt and shall be continued in use for such purpose(s)
for one year from the date the property was placed in use.In the event the property is not so placed in use,or continued in use,the donee shall immediately notify
the state agency and,at the donee's expense,return such property to the state agency,or otherwise make the property available for transfer or other disposal by the
state agency,provided the property is still usable as determined by the state agency.
(2) Such special handling or use limitations as are imposed by General Services Administration(GSA)on any item(s)of property listed hereon.
(3) In the event the property is not soused or handled as required by(BX 1)and(2),title and right to the possession of such property shall at the option of GSA
revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct.
(C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY,APPLICABLE TO ITEMS WITH A UNIT
ACQUISITION COSTOF f3,000OR MORE AND PASSENGER MOTOR VEHICLES,REGARDLESS OFACQUISITION COST,EXCEPT VESSELS
30 FEET OR MORE IN LENGTH AND AIRCRAFT:
(1) The property shall be used only for the purpose(s)for which acquired and for no other purpose(s)
(2) There shall be a period of restriction which will expire after such property has been used for the purpose(s)for which acquired for a period of 18 months
eom the date the property is placed in use,except for such items of major equipment,listed hereon,on which the state agency designates a further period of
friction.
(3) In the event the property is not soused as required by(C)(1)and(2)and federal restrictions(BX 1)and(2)have expired then title and right to the possession
of such property shall at the option of the state agency revert to the State of California and the donee shall release such property to such personas the state agency
shall direct.
(D) THE DONEE AGREES TO THE FOLLOWING TERMS,RESERVATIONS,AND RESTRICTIONS:
(1) From the date it receives the property listed hereon and through the period(s)of time the conditions imposed by(B)and(C)above remain in effect,the
donee shall not sell,trade,lease,lend,bail,cannibalize,encumber,or otherwise dispose of such property,or remove it permanently,for use outside the state,
without the prier approval of GSA under(B)or the state agency under(C).The proceeds from any sale,trade,lease,loan,bailment,encumbrance,or other
disposal of the property,when such action is authorized by GSA or by the state agency,shall be remitted promptly by the donee to GSA orthe state agency,as the
use may be
(2) In the event any of the property listed hereon is sold,traded,leased,loaned,bailed,cannibalized,encumbered,or otherwise disposed of by the donee from
the date it receives the property through the period(s)of time the conditions imposed by(B)and(C)remain in effect,without the prior approval of GSA or the
state agency,the donee,atthe option of GSA or the state agency,shall pay to GSA or the state agency,as the case may be,the proceeds of the disposal or the fair
market value or the fair rental value of the property at the time of such disposal,as determined by GSA or the state agency.
(3) If at anytime.from the date it receives the property through the period(s)of time the conditions imposed by(B)and(C)remain in effect,any of the property
listed hereon it no lunger suitable,usable,or further needed by the donee for the purpose(s)for which acquired,the donee shall promptly notify the state agency,
and shall,as directed by the state agency,return the property to the state agency,release the property to another donee or another state agency or a department or
agency of the United States,sell,or otherwise dispose of the property.The proceeds from any sale shall be remitted promptly by the donee to the state agency.
(4) The donee shall make reports to the state agency on the use,condition,and location of the property listed hereon,and on other pertinent matters as may be
required from time to time by the state agency.
(3) At the option of the state agency,the donee may abrogate the conditions set forth in(C)and the terms,reservations,and restrictions pertinent thereto in(D)
by payment of an amount as determined by the state agency.
(E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS,APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON:
(1) The property acquired by the donee is on an"as is,""where is"basis,without warranty of any kind.
(2) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to donated property with
unexpired terms,conditions,reservations,or restrictions occurs,the state agency will be entitled to reimbursement from the donee out of the insurance proceeds,
of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items.
TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS(30 FEET OR MORE IN LENGTH)HAVING '
N ACQUISITION COST OF$3,000 OR MORE,REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:
4
The donation shall be subject to the terms,conditions, reservations,and restrictions set forth in the Conditional Transfer, Document executed by the
authorized donee representative. #
State of California SASY Form 201-A 11/39
Dept. of General Services
State Agency for Surplus Property
2323 Moore Avenue '�-�- /�a�.? •-�-3 -�✓
Fullerton, CA 92633 (714) 992-0900
ELIGIBILITY RENEWAL APPLICATION'
FEDERAL SURPLUS PROPERTY PROGRAM
Nam of organization Telephone
Address City. County 21p
Organization is a:
PUBLIC AGENCi NONPROFIT AGE=
A. Conservation J. Private Education
B. Economic Development [. Private Health
C. Education L. Older Americans Act for Sr.Cits.
D. Parka 3 Recreation N. Homeless Program
E. Public Health
F. Public Safety
G. 2 or more listed NOTE: Categories J-[-L-M
H. Other (includes
library/museums) Humber of sites
I. Homeless Program Enrollment or number of clients servedL ,�,
RESOLUTI0N
"BE IT RESOLVED by the Governing Board. OR by the Chief Administrative Officer of those
organizations which do not have a governing board, and hereby ordered that the official(s)
and/or employee(s) whose name(s), title(a), and signature(g) are listed below shell be and
Is (are) hereby authorized as our representative(s) to acquire federal surplus property
from the California State Agency for Surplus Property under the Terme and Conditions listed
on the reverse side of this form."
NAME-(Print or type) TITLE SIGNATURE
PASSED AND ADOPTED this day of 919 by the Governing Board of
by the following vote:
Ayes: = Noes:_j Absentt
I, , Clerk of the Governing Board of
do hereby certify that the foregoing is a
full. true, and correct copy of a resolution adopted by the Board ata meeting '
thereof held at its regular place of meeting at the date and by the vote above stated, which
resolution is on file in the office of the Board.
(Signed)
OB
AUTHORIZED this day of , 19_, byt
Name of Chief Administrative Officer Title
(Signed)
FOR STATE AGENCY USE
Application approved: {
Application disapproved:
Conments or additional information:
Date
Signed: -
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-7
Through: Ray Windsor, City Manager Meeting Date: 1/9/90
From: Mark Joseph, Administrative Services Director
SUBJECT: Filing the Annual Claim for Transportation Development
,t
Act (TDA) Funds.
RECOMMENDATION: Staff recommends Council adopt the attached
Resolution claiming TDA funds for the Dial-A-Ride and Street
Overlay Programs. (Res. No. 3-90) 4
BACKGROUND/ANALYSIS: One quarter of one percent of the State
Sales And Use Tax is allocated for local transportation efforts,
- such as the Dial-A-Ride (DAR) Program. Each year, the S.L.O.
Area Coordinating Council (SLOACC) allocates each City ' s share
for public transportation and/or miscellaneous construction
projects, such as our Street Overlay Program.
This year ' s total allocation is $454,423. Of that amount ,
$60,020 is reserved to finance the SLOACC ' s planning and
administrative efforts. . The remaining $394,403 will be allocated
towards the street overlay program. Nothing is allocated for DAR
because that program has accumulated a high cash balance. Next
year roughly sixty percent of the City ' s claim will be applied to
the DAR program.
FISCAL IMPACT: The City anticipated receiving $407,288 for City
use, $12,885 more than actual . The Dial-A-Ride fund can absorb
the difference with no adverse impact .
-„i
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i
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RESOLUTION NO. 3 90
A RESOLUTION OF THE CITY OF ATASCADERO AUTHORIZING
THE FILING OF A CLAIM FOR LOCAL TRANSPORTATION FUNDS
AND STATE TRANSIT ASSISTANCE FUNDS IN COMPLIANCE
WITH THE TRANSPORTATION DEVELOPMENT ACT
r
WHEREAS, Article 4 and 8 of Chapter 4 of the Public
Utilities Code requires claims for operating funds` to be filed *`
with the transportation planning agency by local transportation
operators; and
WHEREAS, the City of Atascadero is eligible for
transportation funds as provided in Chapter 4 of the Public
Utilities Code; and
WHEREAS, the San Luis Obispo Area Coordinating Council is
the designated transportation planning agency for San Luis Obispo
County.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City
of Atascadero does hereby authorize the filing of a claim for
Local Transportation Funds (LTF) in the amount of $454,423. If
additional LTF funds become available, said funds shall be used
for the purpose of street maintenance. The claim form is
attached hereto marked Exhibit A and by reference thereof made a
pant hereof.
On motion of Councilperson 1 �-�-"� and seconded
by Councilperson k7d&Ccd14A/ the foregoing resolution is
hereby adopted in its entirety on the following vote:
AYES:
NOES:
ABSENT:
DATE:
ATTEST:
BOYD C. SHARITZ, City Clerk ROLLIN DEXTER, Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT: '�
K'
ARTHER MONTANDON, City Attorney MARK JOSEPH, Director of-
Administrative
f -Administrative Services
_ - ..$t'-..- ». ^=+ y . .s+., r. *r-,.•w.wr..-_= .+>. .x-b .. <.:. „.: s 'i +S .zx .3 haw'&
EXHIBIT I
ANNUAL CLAIM
FOR LOCAL TRANSPORTATION FUNDS AND
STATE TRANSIT ASSISTANCE FUNDS
CLAIM NO. : TDA-AT-89/90
FISCAL YEAR: 1989/90
TO: San Luis Obispo Area Coordinating Council
County Government Center
San Luis Obispo, Ca. 93408
FROM: CLAIMANT: CITY OF ATASCADERO
ADDRESS: Y14
CITY: Atascadero, CA ZIP CODE: 93422
MA(zK _To sEP14 `
-
CONTACT PERSON: PHONE NO . -489 8898-
, Finance Mgr. 0
This claimant, qualified pursuant to Section 99203 of the Public Utilities
Code, hereby requests, in accordance with Chapter 1400, Statutes of 1971,
as amended and applicable rules and regulations, that an allocation be made
for the purposes and in the respective amounts as described in the attached
Project and Financial Plan claim form.
Total LTF/STA funds being claimed are: $454,423
i
a) Annual (LTF) apportionment $454,423
b) Annual (STA) Funds $ -0-
P $
Operator Revenues -0-
Apportionment $ -0-
City of Atascadero
(Claimant)
By:
Title:
Date:
This claim was approved by San Luis Obispo Area Coordinating Council at
their July 5, 1989 meeting by Resolution No. 89-03.
0;�4f64 Title: Program Manager
g g
Ronald L. De Carli
Date:
3896-1/113/pg. 3 -_
08-10-89
FY 89/90
CITY OF ATASCADERO
TRANSPORTATION DEVELOPMENT ACT
ANNUAL, PROJECT AND FINANCIAL PLAN
Briefly describe all proposed projects title and descriptions the proposed use of these
funds (by Article and Section of the Transportation Development Act) and the proposed
expenditures for the ensuing year for all TDA funds including local transportation funds
(previously SB 325) and State Transit Assistance Funds.
Project Title and
Brief Description Purpose: PUC Article/Section Amount
LOCAL TRANSPORTATION FUND
# 1 Atascadero Dial-A-Ride Public Transportation -0-
Transportation System Article 4, Section 99260
providing door-to-door
service within
Atascadero
2 Fund Atascadero appor Public Transportation 60,020
tionment of Regional Article 4, Section 99260
Transit Authority per
Joint Powers Agreement
# 3 Fund Miscellaneous Local streets, roads, pedestrian $394,403
Construction, recon- to Atascadero commute run (Article
struction and mainten- 4, Section 99400(a)
ance projects not -
inconsistent-with the
adopted Regional Trans-
portation Plan
1) Total Claim for LTF funds $454,423
2) Total claim for STA Funds t__0_
Total
-0-
Total TDA Claim $454,423
CLAIMANT
SLOACC ACTION: Approved CERTIFIED:
Date: July 5, 1989 By:
Agenda Item: A-1 Title:
Resolution #89-03 Date:
DH/cl/5197-1/97
08-10-89
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A_8
Through: Ray Windsor, City Manager Meeting Date: 1/9/90
File No: TPM 13-89
-`t
From: Henry Engen, Community Development Director
y
r'
SUBJECT: ;
To consider a request to subdivide one parcel containingY '
approximately 20 .52 acres into two lots containing 4 .52 and 16 .0 h
, acres each at 10955 San Marcos Road (Ken Highfill/Dan Stewart) . {
RECOMMENDATION:
Denial of Tentative Parcel Map 13-89 in accordance with the
Planning Commission' s recommendation and the attached Findings
for Denial.
• BACKGROUND:
On November 7, 1989 and December 19, 1989, the Planning
Commission conducted public hearings on this subdivision request.
On a 7 :0 vote, the Commission supported staff' s recommendation
for denial. There was discussion and public testimony as
reflected in the attached minutes excerpt.
HE:ps
Attachments: Staff Report Dated 11/7/89 & 12/19/89
Minutes Excerpt - 11/7/89
Minutes Excerpt 12/19/89
K:
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CITY OF ATASCADERO Item: B. 2
STAFF REPORT
FOR: Planning Commission Meeting Date: November 7, 1989
& 12/19/89
BY: ,,�(j� Steven L. DeCamp, City Planner File No: TPM 13-89
N- a
SUBJECT:
Subdivision of one (1) parcel containing approximately 20.52 4
acres into two (2) lots containing 4.52 and 16.0 acres.
a
RECOMMENDATION:
Staff recommends denial of Tentative Parcel Map 13-89 based on
the Findings for Denial shown in Exhibit D.
SITUATION AND FACTS:
1 . Applicant. . . . . . . . . . . . . . . . . .Ken Highfill
2 . Representative. . . . . . . . . . . . . . .Daniel J. Stewart & Assoc.
3. Project Address. . . . . . . . . . . . . .10955 San Marcos Rd. •
4. General Plan Designation. . . . .Suburban Single Family
5. Zoning District. . . . . . . . . . . . . .RS (Residential Suburban)
6. Site Area. . . . . . . . . . . . . . . . . .20 .52 acres
7 Existing Use. . . . . . . . . . . . . . . . .Vacant
8 . Environmental Status. . . . . . . . .Negative Declaration posted
October 25, 1989 '=
a
ANALYSIS
The application before the Commission proposes the division of
one (1) parcel containing 20 .52 cares into two (2) lots
containing 4 .52 acres (Parcel 2) and 16. 0 acres (Parcel 1) . The
subject property is designated on the General Plan map "Suburban
Single Family" . The property's zoning designation is "RS"
(Residential Suburban) as shown on the Zoning Map. The minimum
lot size in the RS zone ranges between 2 .5 and 10 .0 acres
depending upon the "score" of the performance factors specified
in the Zoning Ordinance. For this site, the performance factors
and their related scores are _as follows:
Distance from Center (16, 000-18, 000) . . . . . . . . . . . . . . . . 0,.60
Septic Suitability (40-59 min/in) . . . . 1.00
Average Slope (31-35%) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 .75
Access Condition (City accepted) . . . . . . . . . . . . . . . . . . . . 0 . 40
Neighborhood Character (5. 86 ac) . . . . . . . . . . . . . . . . . . . .1 . 17
TOTAL (Min. Lot Size) . . . . . . . . . . . . . . . . . . . . . . . . . .4 . 92 ac.
Parcel 2, as proposed, is smaller than allowed by the Zoning
Ordinance. There is, however, ample opportunity to relocate one
or more of the lines between Parcels 1 and 2 to achieve the
required minimum lot size. Parcel 1, at 16.0 acres, is clearly
larger than the minimum lot size allowed by the RS zone. As will
be further discussed below, however, staff believes that some
parcels, because of their physical limitations, should not be
divided to the minimum lot sizes allowed by the Zoning Ordinance.
This parcel was originally created by a parcel map first proposed
in 1981 and finally completed in January of 1986. That
subdivision created four (4) lots from an original 70 .74 acre
Colony Lot. The lots created by that subdivision range in size
from 15.76 acres to 20 .52 acres. The staff report prepared in
1981 indicated concern with the steepness of the slopes and the
access to the property, both roads and driveways. The proposal
was tabled in 1981 to allow time for the resolution of the road
issues.
In 1984, the application was resubmitted and ultimately approved.
The staff report prepared at that time indicated:
"The main concern of this Parcel Map is the steep slopes.
The proposed parcels have few feasible building sites.
Careful site selection must be made because of the
limitations on these parcels due to their steepness. "
The report further stated:
"Additional concern involves the potential for future
division of the subject property. The Zoning Ordinance
allows for lots between 2 1/2 and 10 acres based on certain
performance standards. Division followed by redivision of
the proposed parcels limits the potential for a planned
circulation system. The extreme topography of the site
makes it difficult to design a road system that serves more
than the four parcels now proposed. "
It should also be noted that the Findings for Approval adopted in
1984 appear to speak specifically to the creation of the original
four lots only when Finding #1 indicated:
"1 . The creation of four lots on this parcel conforms to
all applicable zoning and subdivision regulations and
2
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is consistent with the General Plan. " (emphasis added)
The concerns raised in the 1981 and 1984 staff reports are still
relevant today. The initial submittal of this new subdivision in
January of 1988 proposed the creation of four (4) new lots. This
number was finally reduced to three (3) and now to two (2) new
lots as a result of numerous meetings between staff, the
applicant, and his agent. The potential still exists for future
requests for division of this lot, however, because of the size
of Parcel 1.
A primary concern of staff has been, and continues to be, the
extreme slopes apparent on this property and the difficulties :.
inherent in developing residential uses on such steep slopes.
The memorandum attached to this report as Exhibit D from the
City' s Senior Building Inspector speaks to the concerns raised
early in the review of this proposal regarding development of
building sites and access to this property.
In an effort to prove the suitability of building sites and to
obtain soil and percolation tests, the applicant had an access
road graded in to the property late in 1988 . Although this road
was not constructed to City standards in terms of width and
slope, the damage that was done was very evident. Based on
staff' s observation of the effects of this substandard road, it
could not be recommended that a twenty foot wide road graded to a
slope less than 20% be developed on this property. The damage to '
the site that would result from grading and constructing such a ._ '
road would be significant .
The applicant has proposed two building sites located near San
Marcos Road to avoid the necessity of further grading on steep
slopes for access. Staff remains troubled with the prospect of
future attempts to further divide the property, however. This
concern is based in large part on the fact that the property has
recently been listed for sale. Contacts with staff by potential
purchasers has indicated a strong desire to further split what is
proposed to be Parcel 1 . Such splits would only further
exacerbate the problems noted above. 3`
Section 11-8 .206 of the City's Subdivision Ordinance establishes
that lots with a depth to width ratio greater than three (3)
shall not be allowed unless there is adequate assurance that
future deep lot (flag lot) division will not occur. In this
case, Parcel 1 exceeds the 3: 1 depth to width ratio and there is
no assurance that future flag lots will not be proposed. In
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deed, earlier submittals of this subdivision proposed multiple
flag lots and discussions with potential purchasers of the
property have, as noted above, indicated that future subdivision
proposals may be eminent.
The design of the proposed subdivision clearly anticipates future
3 ,.
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division of Parcel 1 . Parcel 2 has been drawn to meet the
absolute minimum lot size allowable. The proposed boundary lines
do not appear to follow logical topographical features nor is
there any attempt to address the 3: 1 depth to width issue. An
alternate design or the establishment of open space easements do
not appear to have been given consideration.
Although the proposed subdivision meets (or can easily be amended
to meet) the Zoning Ordinance' s minimum lot size criteria, the
General Plan' s Residential Policy Proposals raise substantial
issues for consideration. Policy #11 states :
"Attention shall be paid to the aesthetic result of land
division. Building sites shall be encouraged on natural
slopes, with minimal disruption of native vegitation and
watersheds, and efficient layout of access and utilities. "
Investigation of this property reveals a number of building sites
that might be developable with minimal site disruption. As
noted above, however, it is the access to these sites that
produces severe site disturbance. Although efforts were taken to
restore the road previously graded, the scar is still clearly
evident. Construction of a City standard access to the lower
building sites could not be accomplished " . . .with minimal
disruption of native vegitation and watersheds. . . "
Residential Policy #12 states:
"A program shall be developed to encourage the preservation
of trees, watersheds and natural slopes and other natural
amenities from abuse and destruction resulting from poor
design and development practices. "
The City' s "Tree Ordinance" (Section 9-4 . 155 et seq. of the
Zoning Ordinance) and the Subdivision Ordinance respond to the
General Plan' s mandate to develop programs for resource
protection. Section 11-8 .201 of the Subdivision Ordinance, in
discussing the design of subdivisions, provides that parcels
which are impractical for intended uses due to terrain, location
of natural features, inadequate access, frontage, or buildable
area, or other physical limitations will not be approved. " The
proposed subdivision appears insensitive to both the General
Plan's policy statement and Subdivision Ordinance' s implementing
language.
CONCLUSIONS:
The Zoning Ordinance establishes minimum lot sizes to which
property may be divided. There is no guaranteed right to
subdivide to minimum lot sizes inherent in California statutory
or case law, however. In all cases, the General Plan provides
policy guidance and criteria to be used to judge the
4
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appropriateness of lot divisions . Only after this criteria has
been satisfied do the minimum lot sizes of the Zoning Ordinance
become operative. In this instance, staff does not believe that
the intent of the General Plan to protect aesthetic values and
preserve natural amenities from abuse will be served by the
further division and development of the subject property.
ATTACHMENTS: Exhibit A - General Plan Map {
Exhibit B - Zoning Map
Exhibit C — Tentative Parcel Map
Exhibit D - Staff Memo (2/23/88)
Exhibit E - Findings for Denial
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EXHIBIT A_
CITY OF ATASCADERO TPM 13-89
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- COMMUNITY DEVELOPMENT
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DEPARTMENT General Plan Map
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10955 San Marcos Rd.
-- COMMUNITY DEVELOPMENT
DEPARTMENT Tentative Parcel Map
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EXHIBIT D
CITY OF ATASCADERO TPM 13-89
10955 San Marcos Rd.
COMMUNITY DEVELOPMENT
DEPARTMENT Staff Memorandum
M E M O R A N D U M
ATE: February 23 19ee
D Y
TO: Henry E. i11r- ---� SSC- CX=L14111f
FROM: Bill W. �1
SUBJECT: Tentative Parcel Map 4-se •'
After the Development Review meeting. where this project was
presented I discussed my concerns with Bob regarding potential
problems which might come with approval of this proposal . Under
Bob 's direction I had John Miller conduct a "Site Check" and
report his observations:
1 . Access from the lower end appears hazardous.
There is only 250' of visibility either way at the
proposed intersection with the public road.
2. Slopes at the lower end of the project are 45 to
-._ 70 degrees. This would necessitate a considerable
amount of grading to make any access work.
3. Slopes at the upper end of the project are from 50
to 60 degrees.
4. Building sites indicated, except those off San
Marcos, are doubtful at best. Access to sites is a
serious concern: the topography will probably
;,necessitate very deep 'cuis1.•, nto the landscape to
,,produce enough fill for the slopes
5.
Soil 'in the area is very thin, 'once stripped will
"'not readily re-vegetate. A See the previous road cuts
made in the same area by Gordon Davis. )
6. See the USDA report for the area
In summary: A serious hazard may be created at the interface to r '
the public . road An, access road will require extensive
grading a`nd design which may resuT in ;;` blight" extended as much
"as 100' dei them sJ,de of ,the cen,, 1 ,ne• of the road There ,are
few, ,f any, areas within the proposed parcels which '"ill $be less
than ' 40 percent slope, this means ;that septic systems will
require extensive design 'oraY�not be 'possible at a
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---1commend that the `developer�be required _,�to cul Iy ��address r�
t�e poss'�ba,lities before any approvals are ranted., „�� �
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EXHIBIT E - Findings for Denial
Tentative Parcel Map 13-89
10955 San Marcos Rd. (Highfill)
November 7, 1989
ENVIRONMENTAL FINDING:
Theosed
ro
p p project will not have a significant impact on the
environment. The Negative Declaration prepared for the project
is adequate.
MAP FINDINGS.-
1.
INDINGS:1. The proposed map is not consistent with the applicable
General or Specific Plan.
2. The design and/or improvement of the proposed subdivision is
not consistent with the applicable General or Specific Plan.
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3. The site is not physically suitable for the proposed type of
development.
4. The site is not physically suitable for the proposed density
of development.
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PLANNING COMMISSION - MINUTES EXCERPT - 11/7/89
2. TENTATIVE PARCEL MAP 13-89 :
Application filed by Ken Highfill (Daniel Stewart) to
subdivide one parcel of 20. 52 acres into two lots of
16.0 and 4 .52 acres each. The subject site is' located
at 10955 San Marcos Road.
Chairperson Lochridge referenced a letter received from the
applicant asking -
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to
the e Dec: �
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December
5
1989
A eet1I1
Mr. DeCamp explained that the December 5th agenda is already
full and would prefer to have the matter heard at the
December 19th meeting_
No public comment was received.
MOTION: By Commissioner Brasher; seconded by Commissioner
Luna and carried 7 : 0 to continue the hearing oil
Tentative Parcel Map 13-89 to the meeting of
December 19 , 1989 .
}
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PAGE THREE
PLANNING COMMISSION - MINUTES EXCERPT - 12/19/89
•
B. HEARINGS, APPEARANCES AND REPORTS
1. TENTATIVE TRACT MAP 2-89 :
Application filed by Clark Iverson entral Coast
Engineering, agent) to subdivide . 9 acres into 23
lots of one-half acres each. tile, request includes the
establishment of two new City tandard roads to serve
the subdivision; Via Tortug and Calle Refugio.
Subject site is located a 8625 Atascadero Avenue.
(Continued from 9/19/89 eeting)
Chairperson Lochridge st ed the applicant has requested a
continuance. C0111111issi0 er Brasher inquired what delays are
preventing this item rom being heard. Mr. DeCamp stated-
the applicant is ex eriencing some difficulty reaching
agreement with hi neighbors over access to the new
subdivision and o the existing lots and dwellings that abut
the subdivisi i.
No public estimony was given.
MOTIO By Commissioner Brasher, seconded by Commissioner
Luna to continue the hearing for Tentative Tract
Map 2-89 to a future date.
2. TENTATIVE PARCEL MAP 13-89 :
Application filed by Ken Highfill (Daniel J. Stewart;
agent) to subdivide 20 . 52 acres into two lots
containing 4 . 52 and 16 . 0 acres each. Subject site is .
located at 10955 San Marcos Road. (Continued from
11/7/89 meeting)
In presenting the staff report, Mr. DeCamp focused on issues
which led to staff' s recommendation for denial which
included difficulty in providing access to proposed building
sites, steep slopes, etc.
Commission questions and discussion followed.
Commissioner Luna expressed concern with regard to the
illegal grading which took place relative to environmental
impacts pointed out in an adjacent property' s E.I .R. and
asked if any mitigation measures have been proposed. Mr.
Decamp responded that restoration of that area has been
sought by the City adding that CalTrans has some concern
with regard to erosion if something is not done to try to
mitigate some of the drainage that would go down the road.
Monitoring is taking place by the City as well as CalTrans
. regarding the effect of the grading on the property.
Discussion followed.
PAGE FOUR
PLANNING COMMISSION - MINUTES EXCERPT 12/19/89
•
Ken Highfill, applicant, provided a background regarding his
involvement with the property. He added he is a licensed
contractor and has a B.S. in Natural Resources Management,
and stated that his developments always begin with
consideration of the natural environment. His concerns are
for protecting the environment.
Mr. Highfill explained his intent is to construct two homes
on the property adding the Planning Commission could have
the option of placing development restrictions on the 15
acre parcel. He addressed Exhibit D with regard to staff' s
site check observations. In speaking to the road issue, Mr.
Highfill commented that he established the road to follow
the natural contour and provided a background regarding why
the illegal road access was cut (to enable him to obtain the
necessary percolation and soils analysis tests) . He
discussed restoration efforts he endeavored to accomplish
and spoke on frustrations relative to planning requirements
versus engineering requirements .
In conclusion, Mr. Highfill commented that his intent is not
to further subdivide the remaining 15 acres; he would just
like to be able to build a second house on the property; he
would be agreeable to open space easements .
Commission questions and discussion continued concerning the
potential for septic systems to fail on the steep slopes,
negative impacts that Cannot be mitigated, etc.
Joan O'Keefe, '9985 Old Morro Road, presented a statement to
the Planning Commission (attached) opposing the proposed
subdivision. She disagreed with staff' s Negative
Declaration determination feeling an EIR should be required .
to address the cumulative impacts of this split as well as
others in the area. The cumulative impact of these lot
splits has ignored their effect on services, traffic,
aesthetics, health, emergency services and air pollution.
Commissioner Brasher concurred that she, too, has a problem
with the Negative Declaration call .
In response to inquiry by Commissioner Luna, Mr. DeCamp
explained why a Negative Declaration was prepared for this
site and clarified that if the Planning Commission denies
the project, there is no requirement for further
environmental review. Discussion continued.
Commissioner Highland explained how the criteria for
determining lot access was incorporated into the General
Plan. On almost any piece of property an adequate building
site can be found, but the key is whether access can be
provided to that site.
PAGE FIVE
PLANNING COMMISSION - MINUTES EXCERPT - 12/19/89
MOTION: Made by Commissioner Luna, seconded by Commission-
er Brasher and carried 7 :0 to deny Tentative
Parcel Map 13-89 based on the Finding: for Denial
contained in the staff report with no action on
the Negative Declaration.
Chairperson Lochridge declared a recess at 9 :05 p.m. ;
meeting reconvened at 9 : 23 p.m.
3. ZONE CHANGE 12-89 :
pplication filed by Folkins & Folkins, Inc. for
nsideration of changing the zoning from (Commer-
ci 1 Neighborhood) to CT (Commercial Tour' t) . Subject
sit is located at 2025 E1 Camino Real.
Mr. Davidso presented the staff report an provided a
background oz a previous conditional use rmit request to
establish a se -vice station and retail s re on the subject
site. Staff is recommending approval o the zone change as
reflected in the raft ordinance.
Commission question and discussion ollowed concerning
. allowable and conditi nally allowe uses in the CT zone,
site development issue including rainage and traffic,
curb, gutter and sidewa , etc. n response to questions,
Mr. Davidson stated that he pr vise plan process would be
required for the site' s de elo ment.
Dan Folkins, applicant, spo in support of the request and
clarified -that his company s small operation and has no
affiliation with any majo oil mpanies. There is a need
for this type of service (cardloc. station) in the
Atascadero area. He en hasized ti t the proposed use is not
a truck stop and expl ned that this site is ideal for
access for vehicles -aveling on the reeway. Mr. Folkins
then responded to q estions from the C tmission.
Paul Hyman expres ed concern that a conve ience store could
be built adjacei to the gas station witho t further public
review that wo d sell alcohol. He felt th -e is a definite
public health and safety issue about concurre t sales of
gasoline and alcohol.
Mr. D
eCamma e
p ie Lked that the Council has initiate a change
to the z
iii
g ordinance text that would require th t the
concurr it sale of gasoline and alcohol be approved my
throug the conditional use permit process.
Mart n Kudlac, 4740 Del Rio, presented the Commission wi h
a tion from 17 residents on Del Rio opposing the zone
cI nge. There will be an increase in traffic with an
erflow of waiting
vehicles . He expressed conca
in with the
future school development at Del Rio and San Benito Roads
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-9
Through: Ray Windsor, City Manager Meeting Date: 1/9/90
From: Gary R. Sims, Senior Engineer
SUBJECT: Proposed Establishment Of A Monument Well Standard
RECOMMENDATION:
1 . Adopt resolution 4-90 establishing a monument well
standard as delineated in drawing M-1, "Standardou#,
Street Monument. "
BACKGROUND:
The City currently lacks a monument well standard. In the past
the City has relied on the San Luis Obispo County Engineering
Department' s "Standard Improvement Specifications and Drawings"
for guidelines concerning the installation of monument wells.
City ordinances refer to "City Standards" even though there are
no codified "City Standards. " If adopted, the proposed standard
will become one section of a series of "City" standards.
• DISCUSSION:
Business and Professions Code Section 8771 requires that survey
monumentation be preserved (See attached article, "Liability of
Local Government for Obliteration of Monuments") . Original
colony monuments and survey monuments are located within public
and private rights-of-way throughout the City. When streets are
paved or reconstructed these monuments are retained or
replacement monuments are set in order to preserve the existing
surveying references. Merely paving over existing monuments is
not sufficient, they must be accessible from the surface for
reference. The proposed monument well standard will provide a
means of preserving access to these survey points.
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FISCAL IMPACT:
During the City' s 1989 street overlay program 65 monuments were
reinstalled in monument wells at a cost of $225 each. This
included a $75 cost for the recording of "corner records" for
each point. Similar costs will have to be budgeted with each
City overlay or street reconstruction project. These costs may f
be funded with "gas tax" money.
If the installationofmonuments is a part of a "record of
survey, " the surveying cost will be approximately $375 per point,
for a total of $525. The cost could be substantially more or
less depending on the layout of the monuments. The City requires t+ '
few records of survey, usually only in conjunction with a projecth
requiring the accurate delineation of the right of way. _'= ,141
Subdivisions and other private projects requiring boundary vg
surveys would often have to install monuments as part of a
"record of survey. " Frequently, in the past, only surface _ µ g
monuments were required with the City subsequently having to pay
for raising the monuments when the streets were repaved. Once a
well is installed subsequent
raising does not require
additional surveying.
f
Enclosures: 1. Chang, Donald, "Liability of Local Government f
for Obliteration of Monuments. " The California
Surveyor, Winter 1989
2 . Drawing No. M-1; Standard Street Monument
3. Proposed Resolution of the Council of the
14
City of Atascadero for the Construction of
Monument Wells. "
.k
Liability of Local Government
for Obliteration of Monuments
A copy of a memorandum to Darlene cated.They shall be reset in the surface or statute referred to in such a general
Stroup, Executive Officer, Board of of the construction,a suitable monument penalty section is made a crime thereby.
Registration for Professional Engineers box placed thereon,or permanent wit- 29 Ops.Cal.Atty.Gen. 28, 29. See also,
and Land Surveyors., ness monuments set to perpetuate their People v Superior Court of Orange
location. Sufficient controlling monu- County(1979) 155 Cal Rptc704.
By Donald Chang ments shall be retained or replaced in Thus, Section 8771 must be exam-
their original positions to enable land ined to determine what,if any provision
You have requested an opinion con- lines, property corners, and tract thereof, the Legislature intended to
cerning Section 8771 of the Business boundaries to be re-established without come within the general penalty
and Professions Code(all section refer- devious surveys necessarily originating language of Section 8792.In examining
ences are to that code)as it relates to the on monuments differing from the ones Section 8771,we note a number of acts
obliteration of monuments which occur which currently control the area.It shall which are required of local governments
during a city or county work project.We be the responsibility of the governmental with regard to the establishment of
have restated your questions as follows: agency or others performing construc- controlling monuments. The syntax is
1.Would the paving over of surveying tion work to provide for the monumenta- more indicative of procedural direction
monuments by a city or county work tion required by this section. . " rather than defining a new crime. For
project violate Section 8771? Under Section 8771 a city or county example,it does not contain prohibiting
2. If so, who in the city or county is is required when performing street or language such as, "it shall be unlawful
accountable? highway construction to "reset in the for any person to. . " followed by a
surface of the new construction, a description of conduct which spells out
Conclusion suitable monument box placed thereon the elements of a crime. We would
A city or county that paves over or permanent witness monuments set to conclude that a local government's
existing monuments located in streets or perpetuate"the location of the existing failure to reset monuments following a
highways without resetting such monu- monuments. Thus, where a city or work project which obliterates is not a
ments in the surface of the new county has paved over pre-existing misdemeanor pursuant to Section 8792.
construction is in violation of Section monuments without resetting the However, Section 605 of the Penal
8771. The Board of Registration for monument in the surface of the new Code makes it a misdemeanor for a
Professional Engineers and Land Sur- construction a violation of Section 8771 person who either:
veyors(Board)possesses the authority has occurred. "1. Maliciously removes any monu-
to discipline the Land Surveyor or Civil The question now posed is what Iia- ment erected for the purpose of desig-
Engineer who was in responsible charge bility attaches for a local government's nating any point in the boundary of any
of such aconstruction project.However, failure to comply with Section 8771, lot or tract of land, or a place where a
the Board lacks authority to initiate Section 8780 allows the Board to subaqueous telegraph cable lies; or
administrative action against a city or initiate disciplinary action against a Land 2. Maliciously defaces or alters the
county which violates Section 8771. In Surveyor or Civil Engineer who has marks upon any such monument"
addition,a city or county would not be violated any provision of the Professional Paving over existing monuments
subject to criminal prosecution for Land Surveyors Act or any other law would not constitute a removal of the
paving over monuments located in relating to or involving the practice of monument since it would continue to
streets or highways. land surveying. Section 8771 is con- remain where it was originally placed.
tained in the Professional Land Sur- However,an argument could be made
Analysis veyors Act and also involves the practice that paving over of a monument oblit-
It is our understanding that in some of land surveying. Thus, the Board is erates the monument such that it consti-
cities and counties it is a common prac- empowered to take disciplinary action tutes a defacement of the marks upon
tice for city or county work crews when against a Land Surveyor or Civil Engi- the monument as prescribed by para-
performing road or sidewalk mainte- neer who was in responsible charge of graph 2 of the Penal Code Section 605.
nance/repair services to intentionally a construction project which failed to "Deface'isdefined as"(1)tomar the
pave over pre-existing land surveying reset monuments which were obliterated surface or appearance of,disfigure,(2)
monuments located thereon. by the project. to obliterate wholly or partially, as an
Section 8771 covers the re-establish- A question is presented concerning inscription; efface." Funk & Wagnat/s
ment of controlling monuments and possible criminal liability for violation of Standard College Dictionary 1968,
provides in relevant part as follows: Section 8771. Although Section 8771 p.349.
"' ' 'When adequate records exist does not mention criminal liability, In addition,subsection(4)of Section
as to the location of subdivision, tract, Section 8792 provides that a person 7 of the Penal Code defines"malicious-
street or highway monuments, such "who violates any provision of this ly" in relevant part, as"an intent to do
monuments shall be located and chapter"is guilty of a misdemeanor.The a wrongful act"
referenced by or under the direction of California Attorney General's Office has Accordingly, where an individual
a licensed Land Surveyor or registered opined that such words in a general paves over an existing monument with
Civil Engineer at the time when streets penalty section require construction and knowledge that such activity is wrongful,
or highways are reconstructed or relo- not every violation of the chapter,code continued on page 12
Page 10 The California Surveyor—Winter 1989
- 1
continued from page 10 Code Section 605. Additional Tips
he or she would be guilty of violating Thus, a person who paves over a
Penal code Section 605. monument with knowledge that such • Consider printing an inexpensive
The next question posed is whether conduct is wrongful would be guilty of "thank-you" card and have each st�
local governmental agencies are subject a violation of Penal Code Section 605. member keep a stack on the desk,rea
to criminal prosecution.Penal Code Sec- However, the local government entity to send out. Results:time saved by not
tion 7 defines"person"as"includ(ing) who employed or directed its employees writing letters and fast feedback on
a corporation as well as a natural to pave over a monument would not be information that has been received.
person" The California Attorney subject to criminal prosecution for •When you need to make small talk,
General's Office has previously violation of Penal Code Section 605. start with questions that don't require
considered whether state or local We trust that the foregoing is of „yes., or " no" answers. ❑
governmental entities could be subject assistance.
to criminal prosection for violations of the Reprinted with permission from Communication
Penal Code. The Attorney General's Thomas M. Cecil Briefings
Office noted that when the California Deputy Director
Penal Code was first enacted in 1872, Legal Affairs ❑
Penal Code Section 7 read :"the word
'person' includes bodies politic and
corporate." In the 1873-74 session the
Legislature amended Penal Code Dear Editor:
Section 7 and changed the definition to
its present form,i.e.,"the word'person' This letter is to inform you of cadastral survey plats approved by the Chief
includes a corporation as well as a
natural person" The deletion of the Cadastral Surveyor for California during the third quarter of FY 88,(April 1-June
words "bodies politic" from the Penal 30, 1988).
Code definition of person in 1873-74 is These plats are now on file in the Survey Records Office, Bureau of Land
presumed to have made a substantial Management, California State Office, 2800 Cottage Way, Room E-2841,
change in the law by removing"bodies Sacramento, California 95825.
politic" from the meaning of the work
"person" wherever it appears in the Approval/Township Date Type of Survey
Penal Code.The term"body politic"has T21N.,R.13E.,MDM 4-07-88 Dependent Resurvey&Subdivision
been held to include counties and cities T47N.,R17E.,MDM 4-07-88 Dependent Resurvey
(citations omitted).67 Cal.Atty.Gen.Ops. T10N.,R19E.,MDM 4-15-88 Dependent Resurvey&Subdivision
355,359, Ftn.5.Since the Penal Code and Metes& Bounds Survey
conduct of "persons" such crimes defines most crimes in terms the T10N.,R20E.,MDM 4-15-88 Dependent Resurvey&Subdivision politic after
after the 1873-74 amendment.t apply to the conduct of bodies 5-88 and Metes& Bounds Survey
T27N.,R4E.,MDM 4-1Dependent Resurvey&Subdivision
p .
Accordingly,a city or county would not and Metes& Bounds Survey
Tps32S.,Rs17&18E.,MDM 4-20-88 Corrective Dependent Resurvey
be liable criminally for violating Penal T9N.,R2E.,SBM 4-29-88 Supplement Plat
T2N.,R7W,SBM 5-04-88 Survey of Tract
{ - T9N.,R2E.,SBM 5-12-88 Supplement Plat
A T9N.,R3E.,SBM 5-12-88 Supplement Plat
T22S.,R9E.,MDM 5-13-88 Supplement Plat IT T13N.,R12E.,MDM 5-19-88 Dependent Resurvey&Subdivision
T9N.,RIW,SBM 5-20-88 Dependent Resurvey and Metes&
:han lil riN' ' oiltty Bounds Survey
h T2N.,R5E.,SBM 5-26-88 Dependent Resurvey&Survey
T9N.,R3W.,SBM 5-27-88 Dependent Resurvey&Subdivision
nd,off(tA i1€jrl ._ and Metes& Bounds Survey
�F S1AC�I 9ys{ it� T7S.,R22E.,SBM 6-01-88 Supplement Plat
0 a _ T20N.,R7E.,MDM 6-02-88 Supplement Plat
test T13N.,R10W,MDM 6-14-88 Dependent Resurvey&Subdivision
� � Ica T4S.,R6E.,SBM 6-20-88 Supplement Plat
T9N.,R5W,MDM 6-23-88 Dependent Resurvey&Subdivision
Airie �- T1S.,R7W,MDM 6-27-88 Dependent Resurvey& Survey
purvey i s You may circulate this letter among your membership as well as publish it
forme rr: in your bulletin if you so desire.
IIS$�CIA�E C IBJ '{p
„245
We Blvd Sincerely,
N � Clifford A. Robinson, Chief
�i02)Bd7-98� Branch of Cadastral Survey
Bureau of Land Management
Page 12 The California Surveyor—Winter 1989
Revisions A rovals
. Descri tions Bv.. Dote Approved Council Resolution No.
PLAN OF MONUMENT
. . . . . . . . . . . . . . . . . . CAP DETAIL
CAD
O
__f._
. . . . . . . . . . s
7' NUME
FINISH SURFACE
Y
1 18"
I I I 2' I
CONCRETE - CLASS 'A'
7 F-
'J1L=
TRAFFIC VALVE BOX & COVER
2-I/z'
BROOKS 4-TT 10-1/4" DIA TRAFFIC BOX
COVER SHALL BE IMPRINTED "MONUMENT"
SURVEY MONUMENT (SEE CAP DETAIL)
STD. BRONZE MON. W/BURNISHED
_ SURFACE.
CONCRETE BASE - CLASS 'C'
2" O.D. MIN. PIPE FILLED WITH CONCRETE
NOTE:
r�T ENGINEER OR SURVEYOR SETTING THE
SECTION OF MONUMENT MONUMENT SHALL INDICATE EXACT POINT
lvl 1Y U 1 BY MARKING A CROSS ON THE CAP, AND
SHALL ALSO STAMP HIS/HER LICENSE
TYPE AND NUMBER.
THE CITY WILL SUPPLY BRONZE CAPS
AT COST.
CITY OF ATASCADERO SCALE
NO SCALE
ENGINEERING DIVISION DRAWNG No.
"S` D9 0STANDARD STREET MONUMENT M-1
RESOLUTION NO. 4-90
0 -
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING A MONUMENT WELL STANDARD
FOR THE
CONSTRUCTION OF MONUMENT WELLS
WHEREAS, there is no existing monument well standard for
the City of Atascadero; and
WHEREAS, there remains a significant number of Colony
monuments that are buried beneath both developed and undeveloped
roadways; and ' r
a �
WHEREAS, additional monuments are continually being set
within roadways; and
WHEREAS, to raise these monuments in conjunction with
monument preservation or road construction projects represents a
significant cost to the City; and
WHEREAS, State law requires that survey monuments be
preserved.
NOW, THEREFORE, BE IT RESOLVED THAT:
The monument standard for the preservation of monuments within a
roadway shall be as delineated on the attached drawing M-1 ."
titled "Standard Street Monument. " The City Engineer is hereby
authorized to make minor adjustments to this Standard to
accommodate changing materials specifications.
On motion by Councilperson , seconded by
Councilperson , the foregoing resolution is passed on
xf'
the following roll call vote:
AYES:
NOES:
ABSENT: }
ADOPTED:
ATTEST:
BOYD C. SHARITZ, City Clerk ROLLIN DEXTER, Mayor _
APPROVED AS TO FORM: APPROVED AS TO CONTENT
ARTHER R. MONTANDON HENRY ENGEN
City Attorney Director of Community
Development
i
MEETINGS AGEND9As?Q...,
DATE. 1/9190 - TEM#
HR LUIS OBISPO•
COUNTY GOVERNMENT CENTER • SAN LUIS OBISPO,CALIFORNIA 93408 • (805)549-5252
GEORGE C. PROTOPAPAS R E C E I V E
County Engineer q11P
����ER uta 151989 COUNTY
ENGINEERING
NOEL KING SK�arT„�TS,��� CITY �'!�R• DEPARTMENT
ROADS
TRANSPORTATION
FLOOD CONTROL
December 13, 1989 WATER CONSERVATION
COUNTY SURVEYOR
SPECIAL DISTRICTS
Ray Windsor, City Administrator SOLID WASTE
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Subject: San Luis Obispo Regional Transit Authority
Joint Powers Agreement
Dear Mr. Windsor:
At is the revised Joint Powers Agreement for San Luis Obispo
• Regional Transit Authority . The submittal incorporates suggestions
made by the various member agencies. One important change was the
deletion of Cuesta College as a member of the Regional Transit
Authority . There are two additional declaration paragraphs on the
first page.
Your agency is requested to review and execute the enclosed
document at its earliest convenience. Please return the signed
agreement. A fully executed copy will be returned for your files.
Please feel free tocall me if you have any questions.
Our Deputy County Counsel , Mr. Ray Biering , can be reached at
549-5400 during normal working hours. If you have any legal
concerns, please call on Mr. Biering .
Sincerely,
GEORGE C. PROTOPAPAS
Regional Transit Manager
RICHARD RANDISE
Transit System Coordinator
Attachments
• cc: Ron DeCarli , Program Manager, Area Council
Ray Biering , Deputy County Counsel
signjpa. ltr. rs
REGIONAL TRANSIT JOINT POWERS AGREEMENT
This Agreement is made and entered into this day
of , 19_, by and among the incorporated cities of Arroyo
Grande, Atascadero, E1 Paso de Robles, Grover City-,- Morro Bay ,
Pismo Beach :and San Luis Obispo, all being municipal corporations
in the County of San Luis Obispo, California (hereinafter called
"Cities" ) and the County of San Luis Obispo, a body politic and
corporate, and a subdivision of the State of California,
(hereinafter called "County" )
WHEREAS Section 6500 et `seq of the California Government Code
(Title 1, Div. 7, Chapter 5, Article 1 ) provides for agreements
between two or more public agenciesto jointly exercise any power
common to the contracting parties, subject to certain mandatory
provisions contained therein; and
WHEREAS, the Cities and County have previously entered into -,.4
a joint powers agreement for the formation of the San Luis Obispo
Area Coordinating Council for the purpose of providing , among other )
a
things, for a regional transportation agency ; and s
WHEREAS, the San Luis Obispo Area Coordinating Council , at a
regularly held meeting on May 10, 1989, voted to consolidate the
administration of its various transportation systems through a
regional transit joint powers agreement.
NOW THEREFORE, it is agreed as follows: -
ARTICLE I
General Provisions
Section 1 . Purpose: The purpose of this Agreement is to
exercise the common powers of the member agencies for the formation r
of Joint Powers Agreement with full power and authority to own,
operate and administer a county-wide public transportation system
within the boundaries and over the territory over which the Joint ,
Powers Agency has jurisdiction.
Section 2. Name: The official name of the entity shall be
San Luis Obispo Regional Transit Authority and hereafter referred
to as the Transit Authority .
ARTICLE II
Organization
41
Section 1 . Board of Directors: The membership of the Transit
Authority , Board of Directors, shall be the same as the membership .
of the San Luis Obispo Area Coordinating Council (hereinafter #:
referred to 'as_ Area Council )
.e..,:.�..a, ,,...s v...,. ..,„-.-�,": b.. s' +a,.cmx`5:..;wx, . ..,+a -:. ..w.s..+• ,.ee.xLe..i:' ' 'vuatrar.��u:.-;eea.R:4 ;ssfu,��e�..�i
Y i
Section 2. Meeting - Voting - Quorum: Meetings shall be part
of the Area Council 's regular meetings with special agenda
provisions to conduct business of the Transit Authority, or may be
through special meetings called by the President or upon written
request of at least three (3) representatives of the Transit
Authority .
Voting and quorum provisions shall be the same as those provided
in the Area Council Joint Powers Agreement.
Section 3. Officers: The officers of the Area Council shall
serve as officers of the Transit Authority. l
Section 4. Manager: The Area Council shall designate a
Regional Transit Manager to operate the Transit Authority . The
manager shall serve at the pleasure of the Council , with delegated
powers to certify documents of the Transit Authority as required
by the law and to assume such duties and responsibilities as the ',
Board may direct.
Section 5. Members:
1 . Membership shall be the same as the San Luis Obispo Area
• Coordinating Council .
2. The County of San Luis Obispo and all cities incorporated
in the County of San Luis Obispo presently or in the
future, are declared eligible for membership.
3. Membership shall be contingent upon the execution of this
Joint Powers Agreement.
Section 6. Boundaries and Service Levels: The service area
boundaries shall be all of the area within the boundaries of San
Luis Obispo County as designated by the Transit Authority . Any x
additional services beyond the level recommended by the Regional
Transportation Plan may be instituted , but shall require unanimous
approval of affected jurisdictions, with costs for the -extra
service to be distributed on the basis of formula developed by the
Transit Authority members representing the affected jurisdictions.
ARTICLE III
Financial Provisions
Section 1 . Budget: The Regional Transit Manager shall
prepare an annual budget for Transit Authority adoption prior to
commencement of each fiscal year. The approval of the Annual
Budget. shall be in accordance with those procedures prescribed by
. the Joint Powers Agreement of the Area Council .
2 ;
4 _
Accounting practices to be .applied will conform with those used by
San Luis Obispo County, consistent with Transportation Development
Act rules and regulations.
A Consolidated Fund balance and cash balance will carry forward
from one year to the next. Adjustments will be made to
Transportation Development Act claims the following year to adjust
for variances between budgeted and actual costs and revenues per
transit route.
The budget may additionally carry funds for future fiscal years
where necessary to reflect obligations under state of federal
funding agreements, to the extent allowable by California law.
No member Agency shall be required to expend any of its general
fund monies to support the operations of the Transit Authority .
The operation of the transit system shall be funded from revenues
derived from operations, member Transportation Development Act fund
contributions and any other appropriate revenue sources. Each
member shall make an annual contribution to the Transit Authority
in accordance with the adopted budget.
Any formula may be amended upon approval of all jurisdictions
affected byIthat formula and ratified by the Transit Authority.
Any population percentages utilized shall be based annually on
estimates prepared by the State Department of Finance pursuant to
Section 2227 of the Revenue and Taxation Code for cities and by
the County Planning Department for unincorporated communities.
Section 2. Expenditures: The Transit Authority may establish
procedures and policies to insure competitive prices for the
purchases of goods and services. Formal bidding shall not be
required unless directed specifically by the Transit Authority or
unless required by state or federal law. Particularly in the
purchase of equipment, including buses, the Transit Authority may
consider the design, maintenance and operating costs, and other
similar factors in determining the most suitable equipment and need
not purchase equipment having the lowest initial cost.
Section 3. Treasurer and Auditor: Pursuant to Government
Code Section 6505.5, the Treasurer of the County of San Luis Obispo
is hereby designated as Treasurer of the Transit Authority . The
Treasurer shall have the powers and duties set forth in Government
Code Section 6505.5. The Auditor/Controller of the County of San
Luis Obispo is designated as the Auditor of this Transit Authority
pursuant to Government Code Section 6505.5.
Section 4. Annual Audit: The Transit Authority shall cause
an annual audit to be prepared and filed in accordance with ,
Government Code Section 6505 and Public Utilities Code Section
99245, unless otherwise provided by the Area Council .
F. x
3
Section S. Annual Report: The Regional Transit Manager shall
prepare and submit an annual report of the operations to the
Transit Authority and State Controller within 90 days of the end
of the fiscal year pursuant to Public Utilities Code,
Section 99243.
Section 6. Periodic Reporting: The Transit Authority may
require periodic reporting of ridership, finances, or other
information . It shall be the responsibility of the Regional
Transit Manager and Contractor ( if appropriate) to provide such
reports in a form acceptable to the Transit Authority .
ARTICLE IV
Authority
Section 1 . ' Powers: The Transit Authority shall have all
Powers necessary to carry out the purpose of this Agreement, except
the power to tax . Its power to expend funds shall be limited only
by the availability of funds as set forth in ARTICLE III :
Finances, Section 1. The Powers of the Transit Authority
specifically include, but are not limited to, the following :
a. To solicit bids and negotiate contracts from private
enterprise for services and/or operation.
b. To sue or be sued
C. To employ agents, employees and contract for professional
services.
d . To make and enter contracts including labor and
employment contracts.
e. To acquire, convey , construct, manage, maintain and
operate necessary equipment, building and improvements.
f. To acquire and convey real and personal property .
g. To incur debts, liabilities and obligations of financial
assistance from State and Federal agencies and to
obligate the Transit Authority to operate the
improvements, equipment or transportation system in
accordance with the terms and conditions of said
financial assistance.
Section 2. Transit Authority is a Public, Legal Entity: The
• Transit Authority is a public entity duly formed and existing under
the laws of the State of California. It is a separate and distinct
legal entity from its member agencies. The debts, duties and
x
4
obligations created pursuant to this Agreement, shall be solely
the obligations of the Transit Authority and not those of its
officers, employees, members of the Board of Directors or the
member agencies.
ARTICLE V
Miscellaneous Provisions
Section 1 . Withdrawal of Member: A withdrawing member' s
financial obligation under this Section is limited to the
withdrawing member's pro-rata share of the currently adopted
operating budget based upon ARTICLE III , Section 1 . within the
service area of the obligated commitments affecting the withdrawing
member and any Area Council ' s finding as to unmet transit needs
that are reasonable to meet pursuant to Public Utilities Code
Section 99401.5.
Section 2. Amendment of Agreement: No amendment to this `
Agreement shall be made without the consent of all member agencies
at the time of the amendment.
z.
Section 3. Ratification - Effective Date: This Agreement
shall be deemed effective as to those parties executing this
agreement upon their execution of the agreement.
Section 4. Assignability : In the event it is deemed in the
best public interest to have the Transit Authority operated by
another individual or entity , whether public or private, and
provided that the assignment complies with State and Federal laws,
the agency on affirmative vote of the majority in accordance with
Section 2 of ARTICLE II , may sell , lease or assign all of its real
and personal property and cease operations upon such terms and
conditions as the Transit Authority determines to be reasonable.
Section 5. Termination: This Agreement shall continue in
full force and effect until rescinded by a majority of the member
agencies.
Section 6. Notification to Secretary of State: Pursuant to
Government Code Section 6503. 5, the Transit Authority shall cause
a notice of the execution of this Agreement to be prepared and ,
filed with the Office of the Secretary of the State of California,
within thirty (30) days after the effective date of any amendment
to this Agreement. Until such filings are completed, the Transit
Authority shall not incur indebtedness of any kind.
_.
Al
5
9
t. «. a_i-S:a xk�. '4^'�i'x':4 k ., .. .. r _. _ ,. 'eu w+r. F+.., ,..a..✓'`,e"t'iac„.csaq`3�m'xoo��A.'>..i4-r^{k,..i. 5f.: `
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the day and year first hereinabove written.
CITY OF ARROYO GRANDE
BY: DATE:
RESOLUTION NO.
CLERK
CITY OF ATASCADERO
BY: DATE:
RESOLUTION NO.
CLERK
CITY OF GROVER CITY
BY: DATE:
RESOLUTION NO.
CLERK
CITY OF MORRO BAY
BY: DATE:
RESOLUTION NO.
CLERK
CITY OF PASO ROBLES
BY: DATE- x
RESOLUTION NO.
CLERK
CITY OF PISMO BEACH
BY: DATE:
RESOLUTION NO.
CLERK
x
b
CITY OF SAN LUIS OBISPO
BY: DATE:
RESOLUTION NO.
CLERK
COUNTY OF SAN LUIS OBISPO
BY: DATE:
RESOLUTION NO.
CLERK
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B.' LINDHOLM, JR. }
County Counsel
By :
Deputy County Counsel
Date:
rr\regjpa.agr.rs
0 -J,
7 z
Mtn"; :.G AGENDA
DATE 1j2L9D ITEM# A-11,
RESOLUTION NO. 5-90
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
ADOPTING BY-LAWS FOR THE CITY'S RECYCLING COMMITTEE
WHEREAS, the City Council has established a Recycling Com-
mittee to advise and make recommendations on matters pertinent to
the issue of waste reduction and management, the Council hereby
establishes the following by-laws for said Recycling Committee:
Recycling Committee.
The City Council may establish an advisory Recycling Com-
mittee, to serve without compensation, consisting of a member of
the City staff, a Councilperson, a representative of the local
refuse collector, a local recycler and five (5) citizens that
reside within the City limits.
Term.
(a) The five (5) citizens shall be appointed by Council to
a term of two (2) years, except for the initial year in which
• there will be three two-year appointments and two one-year
appointments. Each succeeding year, the Council shall fill the
vacancies created by the expired terms.
(b) The Councilperson shall be designated by Council to a
one-year term. A Councilperson may serve as many consecutive
terms as Council desires but shall be designated on an annual
basis.
(c) The staffperson, local refuse collector representative
and local recycler shall be appointed by Council to a two-year
term. The number of consecutive terms served by these individ-
uals shall be left to the discretion of the Council .
Duties and Rules.
(a) It shall be the duty of the Recycling Committee to
recommend to Council or to the City Manager programs and activ-
ities that will reduce the amount of landfill refuse being
generated within the City of Atascadero to meet or exceed the
goals established by the State. These programs and activities
shall include, but not be limited to, recycling, consumer educa-
tion and source reduction. The committee shall study related
matters and make recommendations to the Council.
(b) The committee shall meet as necessary at a convenient
time and place designated by the committee.
a:
RESOLUTION NO. 5-90 (cont'd) •
(c) Officers shall consist of a chairperson and secretary
elected to a `six-month term by a majority vote of the committee.
The chairperson shall preside over-all committee meetings. The
secretary shall record all committee meeting minutes, official
actions and recommendations.
(d) Matters shallbe decided by a majority vote of those
members present. Five members shall constitute a quorum
The foregoing resolution is hereby adopted in its entirety
on the following roll-call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ROLLIN W. DEXTER, Mayor
ATTEST: •
r.
BOYD C. SHARITZ, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
tea..
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-12
-
From: Ray Windso ty Manager Meeting Date: 1/9/90
SUBJECT:
Membership in S.L.O. County Film Commission
RECOMMENDATION:
Council appoint Chief McHale as the staff representative to
the Film Commission, a division of the County Visitors &Confer-
ence Bureau.
BACKGROUND:
With respect to the attached, it would be my intention to
appoint Chief McHale as the staff representative to this body.
In fact, he will be attending the meeting on the 10th as our--
representative. I am making this a Consent Calendar item on your
regular agenda in order to obtain official Council recognition of
this appointment and to determine whether or not Council feels
that there should be others appointed. ,
RW:cw
K
-E- =�..zYy...:t+'ein� .iyt„.+'°' .x;•, ,.. w .:'ti«. .. ....-ww..7x�"�.e��iN���1: ,Y «'v`€�ac.� ''� ,�s'
San Luis Obispo County
FILM COMMISSION
A Division of the San Luis Obispo County
VISITORS&CONFERENCE BUREAU
1041 Chorro Street,Suite E
San Luis Obispo,CA 93401
805-541-8000
RECEIVED
November 15, 1989 ucU 151989
CITY MGR.
Mr. Ray Windsor
City of Atascadero
6500 Palma St.
Atascadero, CA 93422 _ +»
Dear Ray: x
The San Luis Obispo County Film Commission is in the process of
reorganizing to build a wider representation throughout the
county. I'd like to invite you to participate as a member of the
commission to help us achieve this goal.
The primary duty of each member of the commission will be to
assist the Film Commissionwithlocation and facility scouting
: and referring private industry as it fits the requirements of the
production company.
The Commissionwillmeet at 'least quarterly. The topic of these
meetings will be pertinent to the film industry as it relates to
our area, i.e. film permit regulations, police or fire department
training, and current film production activity in the county.
Our next meeting will be January 10th at 3 :00pm in the SLO
County Library,, at Palm and Osos streets in SLO. Please call if
you have: any questions regarding this meeting. I look forward to
seeing you there.
S ncerely, s
J i S. Ey1ar
cut
Dire
iq
s; {{
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: g-1
Through: Ray windsor, City Manager Meeting Date: 1/9 /90
File No: Title 8
From: Henry Engen, Community Development Director 4jK.
SUBJECT :
Proposed adoption of Model Codes and Building Regulations (Title
8) .
BACKGROUND :
On December 12, 1989, the City Council conducted a public hearing
on the above-referenced subject. Upon review, Ordinance No. 199
was approved on first reading.
RECOMMENDATION:
• ij Reading of ordinance No. 199 by title only; and
2) Adoption of Ordinance No. 199 on second reading
HE:ps
Attachment : Ordinance No. 199
F
Y
... . ..+ -, ,..e',:;,,,_rw.' 5 " � �°sx}�;��tom. ,waac:a. -,..t,."ea,. .r _,.,,..... f �_' �'•,'
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-2
Through: Ray Windsor., City Manager Meeting Date: 12/12/89 '
From: Henry Engen, Community Development Director
Bob Fielding, Chief Building official
- SUBJECT:
Proposed adoption of Model Codes and Title 8, Building Regula-
tions. r
RECOMMENDATION:
Following public hearing: ( 1) read by title only ,and ( 2) adopt,
on first reading, Ordinance No. 199 .
•
BACKGROUND: a
The State BuildingStandards Law, Health and Safety Code Section
18941.5 requires that the State Building Standards Commission
adopt and publish editions of the State' s technical building
codes in their entirety once every three years . The State
Building Code (Title 24) has now incorporated the following model
codes:
1988 Uniform Housing Code
1988 Uniform Plumbing Code
1988 Uniform Building Code
1988 Uniform Mechanical Code
1987 National Electrical Code
In accordance with State Law, the authority, having jurisdiction
-must adopt the published model codes within six (6) months of ., �`.
adoption by the State., The State regulations became effective
July 1, 1989. Y
t�
in addition to referencing the aforementioned current model
codes, the following changes have been made to Title 8 Building
Regulations :
1. Clarified design professional membership on the Board of
Appeals (Section 8-1 .104(a) ) .
s
2 . Requires fire sprinkler requirement for 5000 square foot
buildings (currently 10,000 square feet) (Section 8-8 . 108) .
3 Adds new chapter 11 covering building conservation.
HE:BF:ph
Enclosures: Ordinance No. 199 3
_.f
Title 8
CC: Mr. Dave Baker, North County Contractor' s Association
F
------ = deleted text
CAPITALS = NEW LANGUAGE
ORDINANCE NO. -I5fr 199
AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING TITLE 8
(BUILDING REGULATIONS) TO THE ATASCADERO MUNICIPAL CODE AND
ADOPTING BY REFERENCE, THE UNIFORM CODE FOR BUILDING CONSERVATION ,
INCLUDING ALL APPENDICES (LATEST PRINTING) , THE UNIFORM ADMINIS-
TRATIVE CODE, 338.5- 1988 EDITION, PUBLISHED BY THE INTERNATIONAL
CONFERENCE OF BUILDING OFFICIALS; THE UNLFORM BUILDING CODE,
INCLUDING APPENDIX CHAPTERS 71 321 351 381 57 AND 701 i98�s 1988
EDITION, AND THE UNIFORM BUILDING CODE STANDARDS, ALL PUBLISHED
BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE
NATIONAL ELECTRICAL CODE, ?1987 EDITION, PUBLISHED BY
THE NATIONAL FIRE PROTECTION ASSOCIATION; THE UNIFORM PLUMBING
CODE, INCLUDING ALL APPENDICES, -I-9$5. 1988 EDITION, AND THE
IAPMO INSTALLATION STANDARDS, _19.8..5.. 1988 EDITION, ALL PUBLISHED
BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL
OFFICIAL'S AND THE INTERNATIONAL ASSOCIATION OF BUILDING •
OFFICIALS; THE UNIFORM MECHANICAL CODE, INCLUDING ALL APPENDICES,
-148& 1988 EDITION, PUBLISHED BY THE INTERNATIONAL ASSOCIA-
TION OF PLUMBING AND MECHANICAL OFFICIALS AND THE INTERNATIONAL
CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM SWIMMING POOL,
SPA AND HOT TUB CODE, 1."5_r 1988 EDITION, PUBLISHED BY
THE INTERNATIONAL -ASSOCIATION OF PLUMBING AND MECHANICAL
OFFICIALS; THE UNIFORM SIGN CODE, -1-9-&5- 198a EDITION, PUBLISHED
BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE
UNIFORM FIRE CODE, INCLUDING APPENDIX CHAPTERS I-A, I-B, I-C,
II-A, II-B, II-D, II-E, III-A, III-C, III-D, IV-A, V-A AND VI-A,
VI-B r149S-5- 1988 EDITION, AND THE UNIFORM FIRE CODE STANDARDS, 3
198.5-. 1988 EDITION, PUBLISHED BY THE WESTERN FIRE CHIEFS ASSOCIA-
TION AND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE
UNIFORM HOUSING CODE, 44� 1988 EDITION, PUBLISHED BY THE
INTERNATIONAL ' CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM 3
CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, 148& 1988 EDITION,
PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS, ALL AS AMENDED.
Section 1. This amendment has been evaluated in accordance
with the California Environmental Quality Act and this City' s
environmental impact procedures guidelines and the project has
been determined to be categorically exempt (Class 8 Exemption) .
k
Section 2 . Title 8 (Building Regulations) of the Atascadero
Municipal Code is amended to read as contained in the attached
Exhibit A. which is hereby made a part of this ordinance by
reference. }
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Ordinance No. 199
Section 3. Penalty Provisions .
It shall be unlawful for any person, firm or corporation to
erect, construct, enlarge, alter, repair, move, improve, remove,
convert or demolish, equip, use, occupy or maintain any building, t
structure or building service equipment or cause or permit the
Same to be done in violation of this Title and the technical ;n
codes .
}
Penalties for violation of this Title shall be as set forth
in Chapter 3 of Title -1 of this code. '
Section 4 . Publication .
The City Clerk shall cause this ordinance to be published i
once within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published, and Y >:
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 this City.
Section 5 . 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 hereby adopted in its
entirety by the following roll call vote:
AYES:
NOES: -
ABSENT:
DATE ADOPTED:
Rollin Dexter, Mayor
City of Atascadero, California
ATTEST: ;k
BOYD C. SHARITZ, City Clerk
Raw-aim
i
APPROVED AS TO CONTENT:
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
a
ARTHER MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN
Community Development Director
s
44 ;r
TITLE 8 - BUILDING REGULATIONS INDEX
CHAPTER 1 . ADMINISTRATIVE CODE 1-5
8-1 . 101 Adoption of Uniform Administrative Code. . . . . . 1
8-1 . 102 Modification of Certain Parts of the Uniform
Administrative Code. . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
8-1.103 Addition to Section (104( f) ) Uniform
Administrative Code. . . . . . . . . . . . . . . . . . . . . . . . . . 2
8-1 .104 Establishment of Board of Appeals. . . . . . . . . . . . 2-3
8-1 . 105 Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-4
8-1 . 106 Exempted Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
8-1 . 107 Permits Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-5
8-1 .108 Expiration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
CHAPTER 2. BUILDING CODE 6-7
8-2.101 Adoption of Uniform Building Code. . . . . . . . . . . . 6
8-2 . 102 Deletion of Certain Parts of the Uniform
Building Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8--2 . 103 Grading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - . .6-7
8-2 . 104 Parapets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
CHAPTER 3 . ELECTRICAL CODE 8
8-3 . 101 Adoption of National Electrical Code. . . . . . . . . 8
8-3 . 102 Deletion of Certain Parts of the
National Electrical Code. . . . . . . . . . . . . . . . 8
8-3. 103 Addition of Certain Parts of the
national Electrical Code. . . . . . . . . . . . . . . . . . . . . 8
CHAPTER 4 . PLUMBING CODE 9-18
8-4 . 101 Adoption of Uniform Plumbing Code. . . . . . . . . . . . 9
8-4 . 102 Deletion of Certain Parts of the Uniform
Plumbing Code. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8-4 . 103 Use of Plastic Pipe in Water Systems. . . . . . . . . 9
8-4 . 104 Building Sewers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
8-4 .105 Private Sewage Disposal Systems . . . . . . . . . . . . . . 10-18
CHAPTER 5 . MECHANICAL CODE 19-20
8-5 . 101 Adoption of Uniform Mechanical Code. . . . . . . . . . 19
8-5 .102 Deletion of Certain Parts of the Uniform
Mechanical Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
8-5 .103 Installation of Liquefied Petroleum
Gas-burning Appliances . . . . . . . . . . . . . . . . . . . . . 19-20 -
;s
CHAPTER 6 . SWIMMING POOL, SPA AND HOT TUB CODE 21
8-6 . 101 Adoption of Uniform Swimming Pool, Spa and
Hot Tub Code- • . . 21
8-6. 102 Deletion of Certain Parts- oftheUni'form
Swimming Pool, Spa and Hot Tub Code. . 21
8-6 . 103 Swimming Pool Defined. 21
41
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•
Building Regulations Index
CHAPTER 7 . SIGN CODE 22
8-7 . 101 Adoption of Uniform Sign Code. . . . . . . . . . . . . . . . 22
8-7 . 102 Deletion of Certain Parts of the Uniform
SignCode. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
CHAPTER 8. FIRE CODE 23-25
8-8 . 101 Adoption of Uniform Fire Code. . . . . . . . . . . . . . . . 23
8-8. 102 Deletion of Certain Parts of the Uniform =+ 'f
Fire Code . . . . . . . . . . . . . . . . . . . 23x �
8-8. 103 Board of Appeals. . . . . . . . . . . . . . . . . . . . . . . 23
8-8 . 104 Alarm Signal Defined. . .• . . . . . . . . . . . . . . . . . . . . 23-24
8-8 . 105 Establishment of Limits of Districts in
Storage of Explosives and Blasting Agents
Prohibited- - - - - • - - - - • . . . . . . . . . . . . . . . . . . . . . . . 24
8-8 . 106 Establishment of Limits of Districts in
Which Storage of Explosives and Blasting
Agents is Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . 24
8-8. 107 Establishment of Limits in Which Storage
of Liquified Petroleum Gases is restricted. . . 24
f
8-8 . 108 Automatic Fire Extinguishing Systems. . . . . . . . . 24-25
8-8 . 109 Fire Retardant Roofing Materials Required. . . . 25
8-8. 110 Fire Apparatus Access Roads - Turning Radius . 25
8-8. 111 Fire Apparatus Access Roads - Grade. . . . . . . . . . 25
CHAPTER 9 . HOUSING CODE 26-27
8-9 . 101 Adoption of Uniform Housing Code. . . . . . . . . . . . . 26
8-9. 102 Deletion of Certain Parts of the Uniform
Housing Code.. . . . . . . . . - . . . . . . . . . . . . . . 26
8-9 . 103 References to Building Code. . . . . . . . . . . . . . . . . . 26
8-9 . 104 Appeals Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
8-9 .105 Time Limits for Appeals . . . . . . . . . . . . .. . . . . . . 26-27
CHAPTER 10 . DANGEROUS BUILDINGS CODE 28-29
8-10. 101 Adoption of Uniform Code for the
Abatement of Dangerous Buildings . .. . . . . . . . . . . 28
8-10. 102 As an Alternative. . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
8-10. 103 Deletion of Certain Parts of the Uniform Code
for the Abatement of Dangerous Buildings . . . . . 28
8-10 . 104 References to Building Code. . . . . . 28
8-10. 105 Appeals Board. . . . . . . . . . . . . . . . . . . . . . . . . . 28
8-10. 106 Time Limit For Appeals . . . . . . . . . . . . . . . . . . . . . 29
CHAPTER 11 . BUILDING CONSERVATION CODE 30
8-11 . 101 Adoption of Uniform Code for Building
Conservation. . . . . . . . . . . . . . - - -
APPENDIX FEE SCHEDULE 1A-3A
b
2
TITLE 8 - BUILDING REGULATIONS
Chapter 1 . Administrative Code
g>
8-1. 101. Adoption of Uniform Administrative Code. Certain
documents marked and designated as the "Uniform Administrative
Code" , 1988 Edition, published by the International Conference of
Building Officials, are hereby adopted for establishing adminis-
trative, organizational and enforcement rules and regulations for
technical codes which regulate site preparation and construction,
alteration, moving, demolition, repair, use and occupancy of
buildings, structures and building service equipment. Each and
all of the regulations, provisions, conditions and terms of such
"Uniform Administrative Code" , 1988 Edition, published by the
International Conference of Building officials, on file in the
Building Division, are hereby referred to and made a part hereof
as if fully set out in this Chapter, except as otherwise provided
in this Chapter. `
8-1 . 102 . Modification of Certain Parts of the Uniform
Administrative Code. The following portions of the "Uniform
Administrative Code" , 1988 Edition, are hereby deleted:
(a) Section 204 (Board of Appeals)
(b) Section 304(b) (Permit Fees)
(c) Section 304 (c) (Plan Review Fees)
(d) Section 304 (d) (2) (Fee) Change reference to" . . . .Tables
Nos . 3-A through 3-H" to read " . . .the resolution of the
City Council establishing fees. "
(e) Section 305 (h) (Reinspections) Change reference to
" . . .Tables Nos . 3-A through 3-H" to read " . . .the
resolution of the City Council establishing fees . ,,
(f) Table No. 3-A (Building Permit Fees)
(g) Table No. 3-B (Electrical Permit Fees) b
(h) Table No. 3-C (Mechanical Permit Fees)
(i) Table No. 3-D (Plumbing Permit Fees) '
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(j) Table No. 3-E (Grading Permit Fees)
(k) Table No. 3-F (Grading Plan Review Fees)
8-1.103. The Following Shall Be Added To Section 104( f) Uniform
Administrative Code:
1. When proposed use is other than originally designed and/or
intended as determined by the Building Official, railroad L
cars, cabooses, shipping containers and similar assemblies,
etc. , may not be moved into or relocated within the City
limits without his prior approval.
2. Railroad cars, cabooses, shipping containers and similar
assemblies, etc. , do not qualify as conventional construc-
tion; therefore, all design/engineering work, plans,
calculations, etc . , must be accomplished by a California
licensed architect or engineer.
8-1 . 104 . Establishment of Board of Appeals . In order to conduct g
hearings to determine the suitability of alternate materials and
methods of installation and to provide for reasonable interpreta-
tions of the provisions of this Title, a Board of Appeals is
hereby established. The Board of Appeals shall also make inter-
pretations of and hear appeals pursuant to the Housing and
Dangerous Building Codes .
(a) Membership. The Board of Appeals a of
p shall consist five
pp
(5) members, two (2) of whom shall be general contrac-
tors, one (1 ) of whom shall be a structural engineer,
or architect OR OTHER LICENSED PROFESSIONAL IN THE
BUILDING DESIGN FIELD, one (1) of whom shall be a
specialty contractor, all whom shall be qualified by
experience and training, and one (1) of whom shall be a
member of the public who is not one of the foregoing.
Members of the Board of Appeals shall be appointed by
and serve at the pleasure of the City Council . Each
member shall comply with applicable provisions of the
Political Reform Act of 1974, California Government
Section 81000, et seq. The Building Official shall
serve as Secretary to the Board of Appeals.
(b) Eligibility. A person shall live within the City to be
eligible for appointment to the Board of Appeals.
(c) Term. Terms of initial appointment shall be a term of „k
two (2) years for two (2) members and four (4) years wt ,
for three (3) members. Subsequent appointments shall
be for a term of four (4) years.
-2-
(d) Rules and Regulations . The Board of Appeals shall
adopt reasonable rules and regulations, subject to
approval by the City Council, for conducting its
business. The Board shall render all decisions and
findings in writing with a copy to the appellant.
(e) Appeal Procedure. Any person aggrieved by a decision
of the Building Division related to any manner within
the purview to this Title shall have the right to
appeal the decision. The appeal shall be filed with
the Building Official within fourteen (14) days after
the rendering of the decision affecting the aggrieved
person. Grounds for the appeal shall be set forth in
writing.
The Secretary of the Board shall set the time and place
for a hearing on the appeal, and notice of the hearing
shall be published in a newspaper of general circula-
tion and shall be given to the appellant by mailing it
to him, postage prepaid, at his last known address, at
least ten (10) calendar days prior to the date set for
hearing.
Any written reports to be made to the Board shall be
filed with the Secretary of the Board and shall be made
available to the Board and to the public no less than
three (3) working days prior to the date set for the
hearing. Any Department Head shall have the right to
be heard on any matter coming before the Board.
The decision of the Board on the appeal shall not
become final until fourteen (14) days after the Board
has made its determination in order to allow time for
an appeal to be made to the Council from the Board' s
decision. <$
Any party aggrieved by the determination of the Board
shall have the right to appeal its determination to the
Council. Such appeals must be filed with the City
Clerk within fourteen (14 ) days after the Board has
made its determination.
The council shall set appeal fees by resolution. There
shall be no charge for City-initiated appeals.
8-1. 105. Fees . Fees for permits, plan review, reinspections,
special inspections, appeals and other activities of this Title ,
shall be established by resolution of the City Council. The
determination of value or valuation under any of the provisions
of this Title shall be made by the Building Official. The value '
-3-
% ,.... 6, +ss
to be used in computing the building permit and building permit
plan review fees shall be the total value of all construction
work for which the permit is issued as well as all finish
work, painting, roofing, electrical, plumbing, heating, air-
conditioning, elevators, fire-extinguishing systems and any other
permanent equipment.
8-1 .106 . Exempted Work. The following shall be added to Sec .
301(b) :
115 . Sign Permits. The following signs shall notrequirea
sign permit. These exemptions shall not be construed
as relieving the owner of the sign from the responsi-
bility of its erection and maintenance, and its
compliance with the provisions of this code or any
other law or ordinance regulating the same.
A. The changing of the advertising copy or message on
a painted or printed sign only. Except for
theater marquees and similar signs specifically
designed for the use of replaceable copy, electric
signs shall not be included in this exception.
B. Painting, repainting or cleaning of an advertising
structure or the changing of the advertising copy
or message thereon shall not be considered an
erection or alteration which requires a sign per-
mit unless a structural change is made.
C. Signs less than six (6) feet above grade.
6 . Swimming Pool, Spa, and Hot Tub Permits . No permit
shall be required in the case of any repair work in-
cluding: The stopping of leaks in drains, soil, waste
or vent pipe, provided, however, that should any trap;
drainpipe; or soil, waste or vent pipe be or become
defective and it becomes necessary to remove and re-
place the same with new material in any part or parts,
the same shall be considered as such new work and a
permit shall be procured and inspection made as here- }
inbefore provided. No permit shall be required for
the clearing of stoppages or the repairing of leaks in
pipes, valves or fixtures, when such repairs do not
involve or require the replacement or rearrangement of
valves, pipes or fixtures. tt
8-1 . 107 . Per Required. Section 301 (a) shall be revised to
read as follows :
-4-
0
"Permits Required. It shall be unlawful for any person,
firm or corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert or demolish any
__building or structure, including a swimming pool, spa or
hot tub, or make any installation, alteration, repair,
replacement, or remodel any building, service equipment,
including swimming pool, spa and hot tub equipment, regu-
lated by this Title, except as specified in Subsection (b)
of this Section, or cause the same to be done without first
obtaining a separate, appropriate permit for each building,
structure or service equipment from the Building Official . "
Grading and/or waste disposal system permits for residential
sites shall not be issued separately from the residence per-
mit without the specific approval of the Building Official .
8-1 .108 . Expiration. Section 302(d) shall be revised to read as
follows:
302(d) : Every permit issued by the Administrative Authority
under the provisions of this code shall expire by limitation
and become null and void, if the building or work authorized
by such permit is not commenced within 180 days from the
date of such permit, or if the work authorized by such per-
mit is suspended or abandoned at any time after the work is
commenced for a period of 180 days . Failure to request and
receive a recorded inspection by the Administrative Author-
ity within the 180 day period constitutes a condition of
suspension or abandonment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
rk
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TITLE 8 - BUILDING REGULATIONS
Chapter 2. Building Code
8-2 .101. Adoption of Uniform Building Code. Certain documents � II
marked and designated as the "Uniform Building Code" , including
Appendix Chapter 7 - Part 1 (Covered Mall Buildings) , Chapter
32 (Re-roofing) , Chapter 35 (Sound Transmission) , Chapter 38
(Basement Pipe Inlets) , Chapter 49 (Patio Covers) , Chapter 55
(Membrane Structures) , Chapter 57 (Regulations Governing Fallout „ +
Shelters) and Chapter 70 (Excavation and Grading) , 1988 Edition,
and as the Uniform Building Code Standards" , 1988 Edition, pub-
lished by the International Conference of Building Officials,
are hereby adopted for regulating the erection, construction,
enlargement, alteration, repair, moving, removal, demolition, '
conversion, occupancy, equipment, use, height, area and mainten-
ance of all buildings or structures. Each and all of the
regulations, provisions, conditions, and terms of such "Uniform
Building Code" , 1988 Edition, and the "Uniform Building Code
Standards" , 1988 Edition, published by the International Confer-
ence of Building officials, on file in the Building Division, are
hereby referred to and made a part hereof as if fully set out in
this Chapter, except as otherwise provided in this Chapter. ,.pl
8-2 . 102. Deletion of Certain Parts of the Uniform Building Code.
The following portions of the "Uniform Building Code" , 1988
Edition are hereby deleted:
(a) Chapter 1 (Title, Scope and General) , including .
Sections 101-107
(b) Chapter 2 (Organization and Enforcement) , including
Sections 201-205
(c) Chapter 3 (Permits and Inspections) , including Sections
301-307 and Table No. 3-A
8-2 . 103. Grading. Fills . Section 7010(a) is hereby amended to
read as follows:
"General . Unless otherwise recommended in an approved soils
engineering report, fills shall conform to the provisions of
this Section, except that lots located outside the Urban
Services Line may exceed the 50 cubic yard limitation for a
fill when approved by the Building Official and when in A
compliance with the following: . I
(1) All other limitations established by Subsection 9
of Section 7003; and
(2) The lot is a minimum of 2j acres; and
(3) The location and extent of the fill is clearly ;.
delineated on grading plans . "
8-2 .104. Parapets . Section 1709(A) of the Uniform Building Code
Ts hereby amended by adding a new exception 5 to read as follows :
115. Exterior walls which, due to location on property, are
required to be Of one- or two-hour fire-resistive construc-
tion, may terminate at the roof sheathing, deck or slab,
provided:
A. Where the roof-ceiling framing elements are parallel to
such walls, such framing and elements supporting such
framing shall be of not less than one-hour fire-
resistive construction for a width of five feet from
the wall .
- B. When roof-ceiling framing elements are perpendicular to
the wall,- the entire span of such framing and elements
supporting such framing
shall be of not less than one-
hour fire_r
esistive
COIlStrllCtlOII.
C. Opening in the roof shall not be located within five r
feet of the exterior wall .
D. The entire roof shall be provided with a fire-retardant
roof covering. "
is
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TITLE 8 - BUILDING REGULATIONS VR
Chapter 3 . Electrical Code r
g _
8-3 .101. Adoption of National Electrical Code. Certain docu-
ments marked and designated as the "National Electrical Code" , "
1987 Edition, published by the National Fire Protection Associa-
tion, are hereby adopted for safeguarding persons and property `"
from hazards arising from the use of electricity. Each and all
of the regulations, provisions, conditions, and terms of such
"National Electrical Code" , 1987 Edition, published by the
National Fire Protection Association, on file in the Building
Division, are hereby referred to and made a part hereof as if }
^fully set out in this Chapter.
8-3 .102 . Deletion of Certain Parts of the National Electrical
Code. The following portions of the "National Electrical Code" ,
1987 Edition are hereby deleted k
(a) Article 310, and all related references .
i'
8-3.103. Adoption of Certain Parts of the National Electrical
Code. The following portions of the "National Electrical Code" ,
1981 Edition are hereby adopted:
(a) Article 310 . and all related references .
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TITLE 8 - BUILDING REGULATIONS
Chapter 4 . Plumbing Code
8 .4 .101. Adoption of Uniform Plumbing Code. Certain documents
marked and designated as the "Uniform Plumbing Code" , including
all appendices, 1988 Edition, published by the International
Association of Plumbing and Mechanical Officials, and as "IAPMO
Installation Standards" , 1988 Edition, published by the Interna-
tional Association of Plumbing and Mechanical Officials, are
hereby adopted for regulating the erection, installation, altera-
tion, addition, repair, relocation, replacement, maintenance or
use of any plumbing system. Each and all of the regulations,
provisions, conditions, and terms of such "Uniform Plumbing
Code" , 1988 Edition, and "IAPMO installation Standards" , 1988
Edition, published by the International Association of Plumbing
and Mechanical Officials, and the International Association of
Building Officials, on file in the Building Division are hereby .
referred to and made a part hereof as if fully set out in this
Chapter, except as otherwise provided in this Chapter.
8-4 . 102 . Deletion of Certain Parts of the Uniform Plumbing Code.
The following portions of the "Uniform Plumbing Code, " 1988
Edition, are hereby deleted:
(a) Part 1 (Administration), including Sections 10.1-10 . 5
and 20 . 1-20 . 14
(b) Table I-1, entitled "Location of Sewage Disposal
System"
(c) Section I-4 (Percolation Tests)
(d) Section I-8 (Cesspools)
(e) Table I-4, entitled "Design Criteria of 5 Typical
Soils"
( f) Table 1-5
8-4 . 103. Use of Plastic Pipe in Water Systems. PB, PVC and
CPVC, as well as any other _plastic pipe, shall not be used for
hot and cold water distribution systems . Any reference to the
approved use of such materials is hereby deleted.
-9-
8-4 . 104. Building Sewers . The following requirements shall
apply to building sewers and related drainage piping. Any ref-
erence to different standards in Table 4-3 or Chapter 11 of the
Uniform Plumbing Code is hereby deleted.
(a) All building sewers shall be constructed with pipe of ,
internal diameter not less than four (4) inches, unless ">
a pipe of internal diameter not less than three (3)
inches is deemed suitable by the Building Official .
(b) A clean-out shall be placed in every building sewer V
within five (5) of each building, at all changes in
alignment or grade in excess of twenty-two and one-halfx
(22j) degrees, within five (5) feet of the junction
with the public sewer, and at intervals not to exceed
one hundred (100) feet in straight runs. The clean-out
shall be made by inserting a "Y" fitting in the line
and fitting the clean-out in the "Y" branch in an
approved manner. In the case of a clean-out near the
junction of the public sewer, the "Y" branch shall be
extended to a depth of not more than two (2) feet, nor
less than one foot below the surface of the ground be- W
fore the clean-out is installed.
(c) Drainage piping serving fixtures located at an eleva-
tion of less than one foot above the nearest upstream
manhole cover in the main sewer serving said fixtures
shall drain by gravity into the main sewer, and shall
be protected from backflow of sewage by installing an
approved type backwater valve, and each such backwater
valve shall be installed only in that branch or section
of the drainage system which receives the discharge
from fixtures located less than One foot above the
nearest upstream manhole cover.
8-4 . 105. Private Sewage Disposal Systems . The design,
instal-
lation,
-
lation
O�erdt
ion and maintenance-6-f- Irivate sewage disposal
systems shall be in conformance with Appendix I of the Uniform
Plumbing Code and with standards specified in this Section.
Where specific standards are not provided within this Title or '
where the Administrative Authority determines that higher re-
quirements are necessary to maintain a safe and sanitary
condition, the "Manual of Septic Tank Practice" {Published by the
e
United States Department of Health,
)
Education and Welfare the
l
"Design Manua - Onsite Wastewater Treatment and DisposalSys-
tems" (published by the United States Environmental Protection
Agency) , "Guidelines for Mound {
Systems" State Water Resources
Y
Control Board) , "Guidelines for Evapotranspiration systems (State
Water Resources Control Board) , and the "Water Quality Control
Plan, Central Coast Basin" (adopted by the Regional Water Quality
rte'`
-10-
a Y ...is ..,f. 1 9t.. .1�. .. n ni .. w..5#4.N2F•.0.a.x.SES.�...G�'�lWSs +S.:saaenw#rF,'M. S:T w:_k Ef i.,* � 3` .
Control Board of the Central Coast Region) shall be used as
guidelines by the Administrative Authority.
_ (a) Percolation Test. An on-site investigation shall be
made in order to determine the suitability of a partic
cular site for a private sewage disposal system and to
provide the data necessary to design a private sewage
disposal system. A percolation test shall be required
prior to issuance of a permit for all new or enlarged
private sewage disposal systems. The following perco-
lation test procedure shall be used in performing }
percolation tests, except that other accepted test pro-
cedures may be used when approved by the Administrative
Authority.
(1) Number and Location of Test Holes . A minimum of
Three separate test holes space uniformly through
and located in the immediate vicinity of the pro-
posed leach field site shall be made.
(2) Type of Test Holes . The test hole shall have
horizontal dimensions between 4 and 12 inches and
vertical sides to the depth of the absorption
trench.
(3) Preparation of Test Hole. Smeared soil surfaces
shall be removed from the sides and bottom of the
test hole to provide a natural soil interface.
All loose material shall be removed from the test
hole-. Two inches of coarse sand or fine gravel
shall be added to the test hole to protect the
bottom from scouring and sediment.
(4) Soil Saturation and Swelling. The test hole is to
be carefully filled to a depth of one foot above
the gravel or sand with clear water which is to be
kept in the hole for at least four hours but pref-
erably overnight. This step may be omitted in
sandy soils containing little or no clay.
(5) Measurement of Percolation Rate: The percolation
rate shall be determined twenty-four hours after
water is first added to the test holes; except, in
sandy soils containing little or no clay, the per-
colation rate shall be determined after the water
from one filling of the test hole has completely
seeped away.
(i) If water remains in the test hole after the f
overnight swelling period, adjust the depth
to approximately six inches over the gravel
6
p:
or sand and, from a fixed reference point,
measure the drop in water level over a thirty
minute period to calculate the percolation
rate.
( ii) If no water remains in the test hole after
the overnight swelling period, add clear
water to bring the depth of water in the test
hole to approximately six inches over the
gravel or sand. From a fixed reference
point, measure the drop in water level at
approximately thirty minute intervals over
four hours refilling six inches over the
gravel or sand as necessary. The drop that
occurs during the final thirty minute period
is used to calculate the percolation rate.
-The drops during prior periods provide infor-
mation for possible modification of the test
procedure to suit local conditions.
.f:
(iii) In sandy soils (or in other soils in which
the first six inches of water seeps away in
less than thirty minutes after the overnight
swelling period) , the time interval between
measurements shall be taken as ten minutes
and the test shall run for one hour with the
drop during the final ten minutes being used
to calculate the percolation rate.
(6) Deep Boring: A soil boring, to a minimum depth of
ten ( 10) feet below the bottom of the absorption
trench, shall be made in order to determine the
presence of bedrock and/or ground water.
(b) General Design Standards . The following standards
shall be used in the design of new or enlarged private
sewage disposal systems where the percolation rate does
not exceed 60 minutes per inch.
(1) Determination of Size of Absorption Area . The
absorption area, measured in lineal feet of
absorption trench, shall be calculated as set
forth in this Section. Tables 4-1 (Absorption
Area Requirements) and 4-2 (Standard Trench
Adjustment Factors) , included in this Subsection,
"shall be referred to as necessary.
(absorption area per bedroom) X no. of bedrooms) X (standard {
(width of trench, in feet) trench ¢
adjustment
factor)
t
3
12 k
TABLE 4-1 . Absorption Area Requirements .
Percolation Rate Absorption Area Per Bedroom ('
(Minutes/Inch) (Square Feet)
F
Sp i
0- 9 150
10 165
11-15 190
16-20 215
21-25 230
26-30 250
31-35 270h
36-40 285
41-45 300 `
46-50 315
51-60 330
1
TABLE 4-2 . Standard Trench Adjustment Factor
Depth of Gravel Below Pipe Trench Width (in inches) -
(in Inches)
12 18 24 30 36 42 48 54 60
12 .75 .78 .80 .82 .83 . 85 .86 .87 .87
18 - .60 .64 .66 .69 .71 .73 .75 .77 .78
_ 24 . 50 .54 .57 .60 .62 .64 .66 .68 .70
30 .43 .47 . 50 . 53 . 55 . 58 .60 .62 .64
36 .37 .41 .44 .47 . 50 .52 . 54 .56 . 58
42 .33 .37 .40 .43 .45 .48 . 50 . 52 .54
48 .30 .33 .36 .39 .42 .44 .46 .48 .50 r
1. For trenches not shown in Table 4-2. the standard
trench adjustment factor may be computed as follows:
W + 2
W + 1 + 2D
Where W = width of trench ( in feet)
D = depth of gravel below pipe ( in feet)
(2) Location of Private Sewage Disposal Systems : The
minimum distance between components of a private
sewage disposal system and other site features
shall be as set forth in Table 4-3 (Horizontal
Distance Separation) and Table 4-4 (Vertical
Distance Separation) . Where physical limitations i..
-13-
on a site preclude conformance with distance
separation requirements, the Administrative
Authority may approve a lesser separation when the
design is prepared by a registered engineer
competent in sanitary engineering and when
adequate substantiating data is submitted with the
design. The Administrative Authority shall not {
approve a separation less than that set forth in
the "Water Quality Control Plan - Central Coast kr
Region" unless the Regional Water Quality Control
Board or its designated representatives have
previously approved the design.
TABLE 4-3 . Horizontal Distance Separation (in feet)
Building Septic Leach Field Seepage
Sewer Tank or Seepage Pit
Bed
{1 } {1 }
Buildings or structures, 2 5 8 8
including porches,
steps, breezeways,
patios, and carports
whether covered or not
(2)
Property Line Clear 5 5 10
(3)
Water Supply Well 50 50 100 150
Streams, when shown 71 50 50 100 100
minute USGS Map and
when a defined channel
with definite bed and
banks exists
Swales, ephemeral draws, 50 50 50 50
or other natural water-
courses with drainage
areas larger than 10
acres
Trees -- 10 -- 10
Seepage Pits -- 5 5 12
Leach Field or -- 5 6 5
Seepage Bed
On-site domestic 1 5 5 5
iy h ,X
S water service line
t
}
-14-
f�-
Distribution Box -- -- 5 5
(5)
Pressure Public Water 10 10 10 10
Main_
Sloping ground, cuts, -- - 156) 156)
or other embankments
(7) (7) �
Reservoirs, including 200 200 200 200 °
ponds, lakes, tanks,
basins, etc. for storage,
regulation and control of
. water, recreation, power,
flood control or drinking
Springs 100 100 100 100 vt
(1) Distance separation shall be increased to twenty (20) feet
when building or structure is located on a downward slope
below a leach field, see pagebed or seepage pit.
(2) See Section 315(c) of Uniform Plumbing Code.
(3) Distance separation may be reduced to twenty-five (25) feet x
when the drainage piping is constructed of materials
approved for use within a building.
(4) See Section 1108 of Uniform Plumbing Code.
(5) For parallel construction or crossings, approval by the
Health Department shall be required. '
(6) Distance is measured as horizontal distance to daylight.
This distance may be reduced where it is demonstrated that
favorable geologic conditions and soil permeability exist
based on a report and analysis prepared by a licensed
geologist or soils engineer.
(7) Distance is measured at spillway elevation.
1 :k.
TABLE 4-4 . Vertical Distance Separation (in feet)
Leach Field or Seepage
Seepage bed Pit
Ground water 5 10
44
Bedrock 10 4
1. Distance is measured from bottom of trench or pit.
(3) Additional standards :
(i) Existing legal building sites which are
served by an individual on-site well may be ,
approved for a private sewage disposal system
u
-15-
only if the site is one acre or larger in
size.
0
Private sewage disposal systems proposed to '
be installed on slopes of 204 or more shall
be designed by and have their installation
inspected and certified by a registered civil
engineer. The design shall minimize grading � {
disruption associated with access for
installation and maintenance. Such systems
shall be prohibited on slopes of 304 or more,
unless approved by both the Administrative
Authority and the Regional Water Quality :gig
Control Board.
v�
(iii) When the percolation rate exceeds 30si
minutes inch a
/ private sewage disposal
system shall be designed, inspected, and
Y g P
certified to work by a registered civil
engineer.
(iv) When the percolation rate exceeds 60
minutes/inch, a private sewage disposal
system using soil absorption shall not be
allowed.
(v) When the percolation rate exceeds 30
minutes/inch, a private sewage disposal
system using a seepage pit shall not be
allowed.
(vi) Expansion area shall be provided on all
building sites, shall be identified on all
plans submitted for private sewage disposal
systems, and shall remain available for
system expansion. if areas reserved for
system expansion are not accessible for
future installation, then the expansion area
shall be installed with the original system. £'
(c) Special Design Standards . The following standards
shall be used in the design of new or enlarged private
sewage disposal systems where the percolation rate ex-
ceeds 60 `minutes per inch. Designs for alternate types
of private sewage disposal systems shall be by regis-
tered engineers competent in sanitary engineering and
may be approved by the Administrative Authority when
the design engineer submits adequate substantiation
data with the design. —
(1) Determination of Size of Disposal Field. The size
4
-16- .
".., .. ..,"•. - t�''z.P .,-.° "' '- «« ,u; ?kab<v " 3s.s :rig ., .sr .`e ..'.^+S # 1 f' V Z y .m .j' !« ,x.'''
of the disposal field shall be determined by the F
design engineer using methods of accepted engineering a-,
practice including manuals and documents specified in §4
.this Chapter.
(2) Location of Private Sewage Disposal S stem . The
minimum distance between components of a private .
sewage disposal system and other site features
shall be as set forth in Table 4-3 (Horizontal
Distance Separation) and Table 4-4 (Vertical Dis-
tance Separation) using the column entitled "Leach ,°
Field or Seepage Bed. "
(3) Additional Standards : '%=
(i) When private sewage disposal systems are de-
signed pursuant to Subsection (c) of the Y
Section, the design engineer shall provide
the owner with information on the location, w
design, operation and maintenance of the pri-
vate sewage disposal system.
(ii) Existing legal building sites which are
served by an individual on-site well may be
approved for a private sewage disposal system
only if the site is one acre or larger in
size.
(iii) Expansion area shall be provided on all
building sites, shall be identified on all
plans submitted for private sewage disposal
systems, and shall remain available for sys-
tem expansion. If areas reserved for system a
expansion are not accessible for future in-
stallation, then the expansion area shall be
installed with the original system.
(d) Replacement of Existing Private Sewage Disposal System.
Where an existing private sewage disposal system has
failed, the replacement system shall be designed in
conformance with this Chapter and shall be designed,
inspected and certified to work by a registered engi-
neer competent in sanitary engineering. In the event
that the replacement system cannot be designed to con-
form with this Chapter, the Administrative Authority
may approve a system designed to lesser standards when
it is designed, inspected, and certified to work by a
registered engineer competent in sanitary engineering.
(1) A private sewage disposal system shall not be re- b
placed by another system if sewers are available. x
Y
-17-
..! _40 ,fi$.i x_ ,, ,.... .,ay,... '*aa.t .0...G t7Y`k1`✓"'. > :as ."`t ., "++ a
(2 ) The Administrative Authority shall not approve a
replacement system which does not conform with
prohibitions set forth in the "Water Quality Con-
trol Plan - Central coast Basin" unless the
Regional Water Quality Control Board or its desig-
nated representatives has previously approved the
design. The Administrative Authority may author-
ize a temporary means of sewage disposal pending
such approval .
4
to
9
'Y
TITLE 8 - BUILDING REGULATIONS
Chapter 5 . Mechanical Code
6-5.101. Adoption of Uniform Mechanical Code. Certain documents
marked and esignated as the "Uniform Mechanical Code" , including
all appendices, 1988 Edition, published by the International
Association of Plumbing and Mechanical officials, are hereby
adopted for regulating and controlling the design, construction,
installation, quality of materials, location, operation and main-
tenance or use of heating, ventilating, cooling, refrigeration
systems, incinerators and other miscellaneous heat-producing
appliances. Each and all of the regulation, provisions, condi-
and terms of such "Uniform Mechanical Code", 1988 Edition,
published by the International Association of Plumbing and Me
.1chanical officials and the International Conference of Building
Officials, on file in the Building Division, are hereby referred
to and made a part hereof, as if fully set out in this Chapter,
except as otherwise provided in this Chapter.
8-5.102. Deletion of Certain Parts of the Uniform Mechanical
CoTa_. The following portions of the "Uniform Mechanical Code, "
1988 Edition, are hereby deleted:
(a) Chapter 1 (Title, Scope and General) , including Sec-
tions 101-107
(b) Chapter 2 (organization and Enforcement) , including
41
Sections 201-204
(c) Chapter 3 (Permits and Inspections) , including Sections
301-306 and Table No. 3-A
(d) Chapter 5 (Heating, Ventilation and Cooling) Section
509. A 120 volt receptacle shall be located within 25
feet of the equipment for service and maintenance
purposes
8-5.103. Installation of Liquefied Petroleum Gas-burning ;
Appliances. The following shall be added to the last paragraph
of Section 504 (Installation) :
_19- R G
. . . . "When appliances so fueled are located in underfloor or
attic areas, provision shall be made to drain the appliance
_ to the outside of the building. " LPG lines are prohibited
under concrete slabs .
V
d
e. F.
r,
i
,
-20-
TITLE 8 - BUILDING REGULATIONS '
Chapter 6 . Swimming Pool, Spa and Hot Tub Code
8-6.101. Adoption of Uniform Swimming Pool, Spa and Hot Tub
Code. Certain documents marked and designated as the "Uniform
Swimming Pool, Spa and Hot Tub Code" , 1988 Edition, published by
the International Association of Plumbing and Mechanical
Officials, are hereby adopted for regulating the erection, insta-
1lation, alteration, addition, repair, relocation, replacement,
maintenance or use of any swimming pool, spa or hot tub plumbing
system. Each and all of the regulations, provisions, conditions,
and terms of such "Uniform Swimming Pool, Spa and Hot Tub Code" ,
1985 Edition, published by the International Association of
Plumbing and Mechanical officials, on file in the Building Divi-
sion, are hereby referred to and made a part hereof as if fully
set out in this Chapter.
8-6.102 . Deletion of Certain Parts of the Uniform Swimming Pool,
Spa and Hot Tub Code. The following portions of the "Uniform
Swimming Pool, Spa and Hot Tub Code" , 1988 Edition, are hereby
deleted:
(a) Part 1 (Administration) including Section 1 .0-1 .9 and
1 . 11-1 . 18
8-6 .103. Swimming Pool Defined. The definition of a swimming `
pool in Section 102 of the "Uniform Swimming Pool, Spa and Hot
Tub Code" , 1988 Edition, shall be revised to read as follows :
"Swimming Pool - Any constructed or prefabricated pool used
for swimming or bathing. "
Al
-21-
4..
i
TITLE 8 - BUILDING REGULATIONS
Chapter 7 . Sign Code
8-7 .101. Adoption of Uniform Sign Code. Certain documents
mar ecFand designated as the "Uniform Sign Code, " 1988 Edition,
published by the International Conference of Building Officials,
are hereby adopted for regulating the design, quality of materi-
als, construction, location, electrification, and maintenance of
all signs an sign structures. Each and all of the regulations,
provisions, conditions and terms of such "Uniform Sign Code" , '
1988 Edition, published by the International Conference of Build-
ing Officials, on file in the Building Division, are hereby
referred to and made a part hereof as if fully set out in this
'Chapter, except as otherwise provided in this Chapter.
8-7 .102. Deletion of Certain Parts of the Uniform Sign Code .
The following portions of the "Uniform Sign Code" , 1988 —EM—tion,
}
are hereby deleted:
(a) Chapter 1 (Title, Scope and Enforcement) , including
Sections 101-103
(b) Chapter 3 (Permits, Fees and Inspections) , including
Sections 301-306
(c) Section 1401 (Temporary Signs - General) {
i .
-22-
3
{t
TITLE 8 - BUILDING REGULATIONS
Chapter 8. Fire- Code
8-8.101. Adoption of Uniform Fire Code. Certain documents
marked and designated as the "Uniform Fire Code", including
Appendix Chapter I-A (Life Safety Requirements for Existing
Buildings OTHER THAN HIGH RISE) , Chapter-1-9-1-C (Stairway
Identification) , Chapter II-A (Suppression and Control of
Hazardous Fire Areas) , Chapter II-B (Protection of Flammable or
Combustible Liquids in Tanks in Locations That May Be Flooded) ,
Chapter II-D (Rifle Ranges) , II-E (HAZARDOUS MATERIALS MANAGEMENT
PLAN AND HAZARDOUS MATERIALS INVENTORY STATEMENT) ,Chapter III-A
=.(FIRE-FLOW REQUIREMENTS FOR BUILDINGS) , III-B (FIRE HYDRANT `
= LOCATION AND DISTRIBUTION) , -1I-I� III-C (Test Procedures for Fire
Extinguishing Systems, STANDPIPES AND COMBINATION SYSTEMS) ,
Chapter II.I--& III-D (Basement Pipe Inlets) , .-haptezT.LL-jC_(r •u
74�ar-S'ygeatg)-,- Chapter IV-A (Interior Floor Finish) , Chapter V-A
" (NATIONALLY RECOGNIZED STANDARDS OF GOOD PRACTICE) , VI-A
(HAZARDOUS MATERIALS CLASSIFICATIONS) , -V-A VI-B (Emergency
Relief Venting for Fire Exposure for Aboveground Tanks) , 1.9.Sa.
Fdi�tr#st+, and the "Uniform Fire Code Standards" , 1988 Edition, are
herebyado for the
ted p purpose of prescribing regulations
governing conditions hazardous to life and property from fire or
explosion. Each and all of the regulations, provisions,
conditions, and terms of such "Uniform Fire Code", 1988 Edition,
and the "Uniform Fire Code Standards" , 1988 Edition, published by
the Western Fire Chiefs Association and the International Confer-
ence of Building Officials, on file in the Building Division are
hereby referred to and made a part hereof as if fully set out in
Y
this Chapter, except as otherwise provided in this Chapter.
8-8 . 102. Deletion of Certain Parts of the Uniform Fire Code .
The following portions of the "Uniform Fire Code" , 1988 Edition,
are hereby deleted:
(a) Section 2.302 (Board of Appeals)
8-8 .103. Board of Appeals . In order to provide for interpreta-
pretation of the provisions of the Chapter and to hear approvals
provided for hereunder, the Board of Appeals established pursuant
to Section 8-1 .104 shall govern. Procedures specified by Section
8-1.104shall be followed.
-23-
8-8 .104 . Alarm Signal Defined. The definition of an alarm sig-
nal in ARTICLE 14 Tci ��- =r- SECTION
14 . 102,shall be revised as follows :
" (c) Alarm Signal is an audible or visual signal, or both,
indicating the existing of an emergency fire condition.
Audible devices may be bells; horns, chimes, speakers
or similar devices but no audible alarm shall conflict
with the response of emergency vehicles or civil
defense systems. Under no circumstances shall sirens t
of wail, yelp or hi-lo soundings be used. All devices
shall be approved by the Police and Fire Chiefs.' � ��
8-8.105. Establishment of Limits of Districts in Which Storage
of Flammable or Combustible Liquids in Outside Aboveground Tanks
is Prohibited. The limits referred to in Section 79 . 501 of the
Uniform Fire Code in which the storage of flammable or combusti-
ble liquids is prohibited are hereby established as the City
Limits of the City of Atascadero. This section shall not apply
to storage of flammable or combustible liquids in aboveground
vaults as approved by the Fire Department.
8-8. 106 . Establishment of Limits of Districts in Which Storage
of Explosives and Blasting Agents is Prohibited. The limits
referred to in Section 77 . 106 (B) of the Uniform Fire Code, in
which storage of explosives and blasting agents is prohibited,
are hereby established as the City Limits of the City of Atasca-
dero.
8-8.107. Establishment of Limits in Which Storage of Liquified
Petroleum Gases is Restricted. The limits referred to in Section
82 . 105JAJ (b) of the Uniform Fire Code, in which storage of
liquified Petroleum gas is restricted, are hereby established as
the City Limits of the City of Atascadero.
8-8 . 108 . Automatic Fire Extinguishing Systems . Section
10.306 (a)shall be revised to read as follows:
Section -1-0-.--3-0 {-A* 10 .306(a) where required. An automatic
fire extinguishing system shall be installed:
1 . In all new buildings or structures having a total 'floor
area of -1-()-,-4&0- 5,000 square feet of gross area or more.
v
2 . IN ALL EXISTING BUILDINGS OF LESS THAT 5,000 SQUARE
FEET WHICH UNDERGO ADDITION SUFFICIENT TO MAKE THE
TOTAL GREATER. THAN 51000 SQUARE FEET.
-24-
.. .. ..a,.ecmeii <r+<,n. ,�IS.,.. <.. .. _ , ,.. t,a . „r....,. .. �.. ,sa.»+,..,c.4,i. v,.avane.3 ...;�,.'` •,,�.a�
3. In all existing buildings or structures with a total
floor area exceeding .1;&,--5 - 5 ,000 square feet which
undergo ANY addition. 44-�- t
flYsvi�-at-e►a-.
-4- 3. In the occupancies and locations as set forth in this
section.
For purpose of this section, the total floor area shall be t
computed without regard to area separation walls and floors of
less than 4-hour fire resistive construction as defined in the
Uniform Building Code.
For special provisions on hazardous chemicals and magnesium, and
calcium carbide, Sections 10 .301 and 45 . 209 and Articles 48, 49,
and 80.
8-8. 109. Fire Retardant Roofing Materials Required. Roof cover- 0,
inys
for all new buildings and for any re-roofing of existing
buildings shall be no less than Class C, regardless of building
type or occupancy. Any reference to the approved use of roofing
materials with less than a class C rating is hereby deleted.
8=8. 110. FIRE APPARATUS ACCESS ROADS - TURNING RADIUS. SECTION
10. 207 (G) SHALL BE REVISED TO READ AS FOLLOWS: SECTION 10. 207 (G)
TURNING RADIUS. THE TURNING RADIUS OF A FIRE APPARATUS ACCESS
ROAD SHALL BE AT LEAST 28 FEET INSIDE RADIUS AND 48 FEET OUTSIDE
RADIUS.
8-8.111 . FIRE APPARATUS ACCESS ROADS - GRADE . SECTION 10. 207 (1)
SHALL BE REVISED TO READ AS FOLLOWS: SECTION 10 .207 (J) GRADE.
THE GRADIENT FOR A FIRE APPARATUS ACCESS ROAD SHALL NOT EXCEED
204 AT ANY POINT ALONG ITS LENGTH.
J.,
-25-
TITLE 8 - BUILDING REGULATIONS
s
Chapter 9 . Housing Code
y
8-9 .101. Adoption of Uniform Housing Code. Certain documents
marked and designated as the "Uniform Housing Code" , 1988 Edi- t
tion, published by the international Conference of Building
Officials, are hereby adopted for regulating the use and occu-
pancy, location and maintenance of residential buildings and
structures. Each and all of the regulations, provisions,
conditions and terms of such "Uniform Housing Code" , 1988 Edi-
tion, published by the International Conference of Building
Officials, on file in the Building Division, are hereby referred
to and made a part hereof as if fully set out in this Chapter,
except as otherwise provided in this Chapter.
8-9 .102. Deletion of Certain Parts of the Uniform Housing Code. p
The following portions of the "Uniform Housing Code" , 1988 w
Edition, are hereby deleted:
(a) Section 203 (Housing Advisory and Appeals Board)
8-9 .103 . References to Building Code. References made in
Chapters 1, 2 and 3 of the "Uniform Housing Code", 1988 Edition,
to various administrative sections and chapters of the Building
Code shall mean the corresponding sections and chapters of Chap-
ter 1 of this Title.
8-9 . 104. Appeals Board. In order to provide for interpretation }
of the provisions of this Chapter and to hear appeals provided
for hereunder, the Board of Appeals established pursuant to Sec-
tion 8-1 .103 shall govern. References to the Housing Advisory
and Appeals Board in the Uniform Housing Code shall mean the N
Board of Appeals established pursuant to Section 8-1 . 104 . Pro-
cedures specified by Section 8-1 . 104 (c) shall be followed except
where additional procedures are required by this Chapter.
8-9 . 105 . Time Limits for Appeals . The following portions of the =
"Uniform Housing Code" , 1988 Edition, are modified as specified:
(a) _ Section 1101 (b) (5) is amended to change the appeal time
from 1130 days" to 1114 days . "
-26- 4
(b) The last paragraph of Section 1201 (a) is amended to
read as follows :
"The appeal shall be filed within 14 days from the date
of service of such notice or_ action of the Building
Official . "
z
-27-
x
�4.
., ax ?..
TITLE 8 - BUILDINGS REGULATIONS
Chapter 10. Dangerous Buildings Code
8-10.101. Adoption of Uniform Code for the Abatement of
Dangerous Buildings. Certain documents marked and designated as
the "Uniform Code for the Abatement of Dangerous Buildings" , 1988
Edition, published by the International Conference of Building
Officials, are hereby adopted for regulating the repair, vacation
or demolition of buildings or structures which may endanger the
life, limb, health, morals, property, safety or welfare of the
general public or their occupants. Each and all of the regula-
tions, provisions, conditions and terms of such "Uniform Code for
the Abatement of Dangerous Buildings" , 1988 Edition, published by
the International Conference of Building Officials, on file in
the Building Division, are hereby referred to and made a part
hereof as if fully set out in this Chapter.
8-10. 102 . The following is added to Section 202 . As an alterna-
tive, if the judgement of the Building Official or other employee
or official of this jurisdiction as designated by the governing
body, may institute any other appropriate action to prevent, re-
strain, correct or abate the violation.
8-10. 103 . Deletion of Certain Parts of the Uniform Code for the
Abatement of Dangerous Buildings. The following portions of the
"Uniform code for the Abatement of Dangerous Buildings" , 1988
Edition, are hereby deleted:
(a) Section 205 (Appeals Board)
8-10.104 . References to Building Code. References made in
Chapters 1 and 2 of the "Uniform Code for the Abatement of Dan-
gerous Buildings" , 1988 Edition, to various administrative
sections and chapters of the Building Code shall mean the corres-
ponding sections and chapters of Chapter 1 of this Title.
8-10. 105. -Appeals Board. In order to provide for interpretation
of the provisions of this Chapter and to hear appeals provided
for hereunder, the Board of Appeals established pursuant to
Section 8-1 . 104 shall govern. Procedures specified by Section f
8-1 . 103(c) shall be followed except where additional procedures
are required by this Chapter.
-28-
8-10. 106. Time Limit for Appeals . The following portions of the
"Uniform code for the Abatement of Dangerous Buildings" , 1988
Edition, are modified as specified:
z
(a) Section 401 (b) (5) is amended to change the appeal time
from 1130 days"_ to 1114 days . "
(b) The last paragraph of Section 501(a) is amended to read t
as follows:
"The appeal shall be filed within 14 days from the date
of service of such notice or action of the Building
Official . "
si
l
4
-29-
TITLE 8 - BUILDING REGULATIONS
CHAPTER 11 . CONSERVATION CODE {
8-11 . 101 . ADOPTION OF UNIFORM CODE FOR BUILDING CONSERVATION .
CERTAIN DOCUMENTS MARKED AND DESIGNATED AS THE "UNIFORM CODE FOR
BUILDING CONSERVATION" , INCLUDING ALL APPENDICES, LATEST EDITION
PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS
ARE HEREBY ADOPTED TO ESTABLISH LIFE-SAFETY REQUIREMENTS FOR ALL
EXISTING BUILDINGS THAT UNDERGO ALTERATION OR A CHANGE IN USE .
ITS' PROVISIONS OFFER ALTERNATIVE METHODS OF ACHIEVING SAFETY SO
THAT THE INVENTORY OF EXISTING BUILDINGS CAN BE PRESERVED. EACH
AND ALL OF THE REGULATIONS, PROVISIONS, CONDITIONS, AND TERMS OF
SUCH "UNIFORM CODE FOR BUILDING CONSERVATION" , LATEST EDITION,
PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS,
ON FILE IN THE BUILDING DIVISION, ARE HEREBY REFERRED TO AND MADE {
A PART HEREOF AS IF FULLY SET OUT IN THIS CHAPTER, EXCEPT AS
OTHERWISE PROVIDED IN THIS CHAPTER.
3
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\ \ \\ \ ^ A P P E N D I X
FEE SCHEDULE \
. . � � . . � . . . . . . � . . . . . � . . . . .�\
. . >
RESOLUTION NO. 5-85
3.
A RESOLUTION OF THE ATASCADERO CITY COUNCIL , >
ESTABLISHING FEES FOR PERMITS AND OTHER
ACTIVITIES UNDERTAKEN PURSUANT TO BUILDING
AND CONSTRUCTION REGULATIONS
WHEREAS, the Government Code provides that fees may be collected
to cover the costs of administering permit, plan review and
inspection activities; and
WHEREAS, it is appropriate to establish fees and deposits which
cover the cost of providing the services requested; and
WHEREAS, the International Conference of Building Officials has
prepared standardized fee schedules which are in widespread use,
based on their experience with permit, plan review and inspection
activities; and
S
WHEREAS, the City council held a public hearing to consider this
matter on February 12, 1985 .
NOW, THEREFORE, the Atascadero City Council does resolve to
establish the following fee schedule for building and
construction services .
Table 1
Building, Electrical, Mechanical, Plumbing, Retaining Wall and
Solar Permits
Valuation* Permit Fee
As etermined by Building Official Valuation X .012
utilizing "Building Valuation Data" (Minimum fee=$30 . 00)
from Building Standards
Table 2
Grading Permits
Includes Plan Check
Volume Permit Fee
49 cubic yards or less $ 0.00
50 cubic yards to 999 cubic yards $ 50.00
11000 cubic yards to 4 ,999 cubic yards $100 . 00
5,000 cubic yards or more $130.00 + $27 . 00 for
each additional '
101000 cubic yards
or fraction thereof. 3
* A copy of any contract may be required by the Building Official =
to verify valuation
lA {
Resolution No. 5-85
}
Table 3
_ sv
Sign Permits
Includes Plan Check
Valuation* Permit Fee
Valuation of sign (including any Valuation X .00987
electrical)
Table 4
Swimming Pool, Spas, and Hot Tub Permits
Includes Plan Check
Valuation* Permit Fee
Valuation of project cost (including Valuation X .00876
electrical, mechanical & plumbing)
Table 5
Miscellaneous Fees
Structural plan check Total permit fee
(per Table 1)
X . 237 t
Self-certified plan check (The Building Total permit fee
Official may waive city structural plan (per Table 1)
where plans are certified by a registered X .08
architect, building designer, or engineer
thereby limiting plan review to affected
City departments . )
Demolition (exclude Fire Department drills) $ 30 .00
Compliance Survey $100 .00
Building Relocation $350.00
Temporary Dwelling ( including mobile home) $ 35 .00 r
Mobile Home $200
Inspection for which no fee is indicated $ 20.00/hr ; '
(portal-to-portal)
Re-inspection (per Administrative Code $ 20.00/each
Section)
Inspections outside normal business hours $ 30.00/hr
(portal-to portal)
Replacement of Inspection Record-Card $ 10.00
Replacement of Job Copy of Approved Plans $ 15 .00 W.
* A copy of any contract may be required by the Building Official
to verify valuation
2A
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Resolution No. 5-85 �
Cross-Connection Actual Cost
{$225.00 deposit less $25 .00 to be retained * .
'by City for its cost, with unused portion of
cost billed by Health Department to be
;returned to the permittee}
Driveway Encroachment $ 20.00
'Appeal
To Board of Appeals $ 50.00
To City Council $ 50 .00
Investigation Fee (for work commenced Equal to permit
without permit) fee required by
this Resolution
NOW, THEREFORE, the Council of the City of Atascadero does
further resolve to rescind Resolution No. 40-83 establishing the
City' s Building and Construction fee schedule.
On motion by Molina and seconded by Handshy the foregoing
resolution is hereby adopted in its entirety on the following k4Y
roll call vote: p,
AYES: Councilman Molina and Handshy, Councilwoman Norris and
Mackey
NOES: None
ABSENT: None
ADOPTED: February 12, 1985
}
ROLFE NELSON, Mayor
ATTEST: �.
ROBERT M. JONES, City Clerk
APPROVED AS TO FORM:
ALLEN GRIMES, City Attorney
APPROVED AS TO CONTENT:
RALPH H. DOWELL, JR. , Acting City Manager
3A
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4
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�81
pATEIL2Z2Q_ ITEM# . 69
• MEMOR�IIZ+I
City of Atascadero
November 30, 1989
To: Ray Windsor, City Manager
From: Arther R. Montandon, City -Attorney
Subject: Ordinance Revising Terms of Planning Commissioners
Re -o mend tion: That the City Council review, consider,
introduce, and adopt the proposed ordinance.
Rackaround: The City Council favorably considered a request by
Planning Commissioner George Highland to change the Planning
Commissioners' terms of office. Upon Council direction given at
the November 28, 1989 meeting, this ordinance is submitted for
consideration and adoption.
The existing and proposed terms are depicted on the attached
diagram submitted by Commissioner Highland.
Respectfully submitted,
i
ARTHER. R. MONTANDON
City Attorney
ARM: f r
Attachments -
i
..w
r. . � T,
ORDINANCE NO. a, QO •
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ATASCADERO, CALIFORNIA, AMENDING SECTIONS
2-9.02, 2-9.03, AND 2-9.04 OF THE ATASCADERO
MUNICIPAL CODE REVISING THE TERMS OF OFFICE OF
THE PLANNING COMMISSION
The City Council of the City of Atascadero, California, does
ordain as follows:
S-ec
moo—?. Section 2-9.02 of the Atascadero Municipal Code `f
is amended to read as follows: a
Members-L-Appointment: Terms of Office.
The City Council shall appoint the members of the
Planning Commission. Three (3) members have been
appointed for terms which shall expire August 1, 1990,
and four (4) members have been appointed for terms which
shall expire August 1, 1992. These terms shall be
extended to September 1 of the respective years.
Commencing September 1, 1990, one (1) member shall be
appointed for a three (3) year term, which shall expire
September 1, 1993, and two (2) members shall be
appointed for four (4) year terms, which shall expire
September 1, 1994. Commencing September 1, 1992, two 5
(2) members shall be appointed for three (3) year terms,
which shall expire September 1, 1995, and two (2)
members shall be appointed for four (4) year terms,
which shall expire September 1, 1996. Thereafter, all
terms shall be for four (4) years and shall expire four
(4) years after September 1st of the date of
appointment, except those appointments made after the
commencement of the term to fill a vacancy or removal,
in which case the term of office shall be for the
balance of the unexpired term.
Section 2. Section 2-9.03 of the Atascadero Municipal Code
is amended to read as follows:
Sec. 2-9.03 . Absence from Meetings. Absence of a
member of the Planning Commission from three (3)
consecutive meetings, or from four (4) meetings during a
calendar year, without formal consent of the Planning
Commission noted in its official minutes, shall be
reported by the Planning Director to the City Council
for consideration of removal from office.
Section 3. Section 2-9.04 of the Atascadero Municipal Code
is amended to read as follows:
e
w.�
ORDINANCE NO. 200
Page 2
Sec. 2-9.04 . Members: Removal from Office. A
member of the Planning Commission serves at the pleasure
of the City Council and may be removed from office, with
or without cause, by a majority vote of all the members
of the City Council.
Section 2. 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 3. 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
ROLLIN DEXTER, Mayor
City of Atascadero, California
F:
Approved as to form:
ARTHER�R. MO ANDD , City Attorney
Approved as to content:
RAY WINDSOR, City Manager
ARM:fr
ORD:3 n§
RMEE= �
,.,. 9/90 ITEM#a ....3_........
• MEMORANDUM
City of Atascadero
November 21, 1989
To: Ray Windsor, City Manager
From: Arther R. Montandon, City Attorney
Subject: Tape Recording of City Council Meetings
Recommanraai-,^n: Ask the City Council to review, discuss if
desired, introduce, and adopt the proposed ordinance which would
repeal AMC Section 2-1.19 regulating recordation of City Council
meetings.
Back r u : Dr. George Luna questioned the validity of AMC
Section 2-1.19 at the City Council ' s November 11, 1989 meeting.
The Council requested that it be reviewed.
Disc ss-t : AMC Section 2-1.19 requires that four hours prior
notice be given of a citizen's intent to record a City Council
meeting. This ordinance conflicts, to some extent, with
Government Code Section 54953.5. The state law allows
• recordation of City Council meetings unless such recording causes
disruption of the meeting.
The City's ordinance could be redrafted to preserve some notice
requirement, but in light of the confusion it may cause and the
desire of the City Council to allow recordation whenever
possible, I have recommended repeal _ of AMC Section 2-1.19. An
ordinance is attached for City Council's review, discussion,
introduction, and adoption.
I remain at your disposal to answer your questions and respond to
your concerns.
Respectfully submitted,
ARTHER R. MONTA ON
City Attorney
ARM:fr
Attachment
74
ORDINANCE NO. --2M
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY •
OF ATASCADERO, " CALIFORNIA, REPEALING SECTION
2-1.19 OF THE ATASCADERO MUNICIPAL CODE, WHICH
REGULATED THE RECORDATION OF CITY COUNCIL
MEETINGS
The City Council of the City of Atascadero, California, does
ordain as follows:
Sectio 1 . Section 2-1.19 of the Atascadero Municipal Code
is hereby repealed. 7 T
Spa tion 2. 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.
Secti_an__3 . 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
ROLLIN DEXTER, Mayor
Approved as to form: City of Atascadero, California
ARTHER R. MO TAND N, City Attorney
Approved as to content:
RAY WINDSOR, City Manager
ARM:fr
ORD:2
i
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-4
Through: Ray Windsor, City Manager Meeting Date: 1/9/90
File No: ZC 12-89
From: Henry Engen, Community Development Director
SUBJECT:
Consideration of request to change the zoning from CN (Commercial
Neighborhood) to CT (Commercial Tourist) at 2025 El Camino Real
(Folkins and Folkins Inc. ) .
BACKGROUND:
On December 19, 1989, the Planning Commission conducted a public
hearing on this request, and on a 4 :3 vote, recommended approval
of staff' s recommendation to approve the zone change as reflected
in Ordinance No. 202 . There was discussion and public testimony
• as reflected in the attached minutes excerpt, including the
attached petition against the rezoning due to concerns over the
anticipated mini-market/cardlock fueling project.
RECOMMENDATION:
1) Waive reading of Ordinance No. 202 in full and approve by
title only; and
2) Approve Ordinance No. 202 on first reading
r
HE:ps
Attachments: Staff Report dated December 194, 1989
Minutes Excerpt - December 19, 1989
Ordinance No. 202
Petition dated December 19, 1989
Letter dated December 19 (Grismore)
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CITY OF ATASCADERO Item: R-3_
STAFF REPORT
FOR: _ Planning Commission Meeting Date: December 19, 1989
BY: Doug Davidson, Associate Planner File No: ZC 12-89
SUBJECT:
T q
Consideration of a request to change the zoning from CN
(Commercial Neighborhood) to CT (Commercial Tourist) .
RECOMMENDATION:
Staff recommends approval of Zone Change 12-89, based on the
Findings for Approval in the Draft Ordinance (Exhibit F) .
SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . . . . .Folkins & Folkins, Inc.
2. Representative. . . . . . . . . . . . .R.P. Heim
3. Project Address. . . . . . . . . . . . . . 2025 El Camino Real
4. General Plan Designation. . . . .Retail Commercial
5. Zoning District. . . . . . . . . . . . . .CN (Commercial Neighborhood)
6. Site Area. . . . . . . . . . . 0. 65 acres
.7. Existing Use. . . . . . . . . . . . .Metal Building <:
8. Environmental Status. . . . . . . .Negative Declaration posted
December 5, 1989.
ANALYSIS:
At their meeting on September 19, 1989, the Planning Commission
conducted a public hearing on a request to establish a service
station (gasoline cardlock) , including a 1,350 square foot retail
store, in the CN (Commercial Neighborhood) zone. Upon review,
the Commission voted to deny Conditional Use Permit 7-89, but
encouraged the applicant to apply for a zone change to CT A
(Commercial Tourist) .
0
Land Use/Zoning Map
This request requires only a zone change, for; the existing Retail
Commercial designation of the,.General,_Plan includes the CR,
(Commercial Retail) , CN (Commercial. Neighborhood) , and CT'
(Commercial Tourist) zones. Thus, the General Plan already
conforms to a zone change from CN to CT'. As' stated irr the-
previous report, the General Plan Update is the appropriate time
to split the Commercial Retail General Plan designation into the
more specific designations as contained in the Zoning Ordinance.
if_ the. General Plan designations of Tourist Commercial and
Neighborhood Commercial are created, the land uses allowed by the
Zoning Ordinance_�will reflect the General Plan more accurately.
All. other General Plan land use categories correspond to the
specific zoning
Land Use Policies
Staff believes that the corner lots of the Del Rio Rd. and El
Camino Real intersection are better suited for more intense uses,
such as freeway oriented uses serving the traveling public. For
`this reason, staff has expanded the study area ,for this
application to. include the two westerly corner tots, in--addition
to: the subject.-site (see Exhibit ,C) . The remaining CN property
shcauld.r.emaiiCL,devated:.to ..uses s.erviug the immediate neighb9rhood.
This would take a4.vantage- of the freeway access offerers '
Det`
*'
, .Road
Rio. ; .
while -sti4l. maintaining sufficient rcial- .,
neighborhood land to serve"-this developing-,areae:
The two we
corner lots at the intersection are presently
developed with uses allowed in the CT zone; a service station
(Exxon) and a restaurant (The Dugout) . Thus, a redesignation to ._r>
f*ACT on these two lots simply reflects the existing land use.
Although it could seem wise to review �a- four corner lots for CT
. designation, staff has not included the" northeasterly corner lot 4
ire the expanded -study area. This parcel is -much larger in size
than the other corner lots (approximately 2. 50, acres), and is
adjacent to land zoned for low density°-single family residential".=
CT`: zoning in this location may •create{,an,-<inca�agati:ble :development
pattern and ,appearstpremature at this time.
Whereas the northeasterly lot -abuts RS, (Residential Stibtirhanf
land, the subject property contains the surrounding CN property
as a buffer between tourist and residential uses. As stated
previously, the site could be ideal for a service station, such
as the proposed cardlock system, or a similar land use. As the
General Plan (p. 64) says, "Tourist Commercial provides for uses
that serve the; traveling, public- s2rch as-motels;, reeta-wran»tsi rand
automotive services. These services are properly located at
intersections of major inter-community routes where permanent
0 accesses are constructed and which have some high aesthetic
value. " The intersection of Del Rio Rd, and El Camino Real
clearly fits this description.
Site Development
While all other City agencies responded favorably to a zone
change at this location, several site development issues were
raised. Drainage improvements must include measures to convey
drainage to Highway 101, or provide an adequate onsite detention
basin. Furthermore, an engineeredsystem is- needed: for
sewage disposal (the site is not served by sewer) . Both drainage
and sewage disposal were reviewed in concept as part of the zone
change and prior use permit applications by the Engineering and
Building,. Divisions,__respectively. As part of the Precise Plan
application for- development of the site, specific engineered
plans will be required. The necessary public improvements (curb,
gutter, sidewalk, and fire hydrant upgrade) will be conditions of
the Precise Plan.
CONCLUSIONS:
The City's General Plan. Update study program has identified the
intersection. of Del.Rio Rd. and El Camino Real as. potentially. .
appropriate for tourist commercial uses. The surrounding CN
area will remain to serve the neighborhood and as a buffer
between the tourist and residential uses. While the current
General Plan designation of Retail Commercial is consistent with
a zone_cha.nge from. CN, to CT,, a breakdown of this category will .
better reflect.,the ,specif as,,af"Rthher Zcrrr ng Ordlzrance: - A C7'lanes` _
M use;at. the subject- site will, encourage :tourist, commercial, land-
uses and take advantage of- the freeway interchange. Locating
across the street from similar existing uses will also uphold the
following.,;General....Plan.,:commercial policy. _(Page 61)
"Commercial uses:',shall be develope& in clusters to encourage
concentrations of compatible retail trade service. "
The City land use policies, existing development pattern, and the
site' s location at a major intersection with freeway access, all
encourage a tourist commercial land use in this area.
ASC M - S s�' Zrthlblti -� .Gereral. Pl2an,Mag : .
Exhibit B .-; Zbning:_Map
Exhibit C - Expanded Study Area
Exhibit D - Service Station Site Plan
Exhibit E - Developer' s Statement
Exhibit F - Draft Ordinance
Exhibit G - Conditional Use Permit 07-89
EXHIBIT
�IM : . . ` CITY OF AT'ASCADERO. GENERAL FLAN MAPF-
- �C0 i viUNITY DF-VELDPMEI`tT x cup 07-89
j DEPARTMENT
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EXHIBIT C`
_., EXPANDED°STUDY ARS,
CITY'SOF ATASCADERO
- � ZONE CF-IANGE:" 12-89 .;.
COMMUNITY DEVELOPMENT,
DEPARTMENT
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EXHIBIT D
.... : .. CITY. OF ATASCADERO SITE. .PLAN
_ CDMr )1NITY DEVELOPMENT— ..CUR' 07-89_
DEPARTMENT
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EXITIBIT E
Folkins d2 Folkins
INCORPORATED
P.O. Box 1725
Santa Mane. California 93456
(805)925-3650
City of Atascadero
Atascadero, California
. Dan and Paula Folkins on behalf of Folkins & Folkins, Inc.
would like to hereby submit a proposal to the City of Atasca-
dero for a building project to be located on the corner of El
Camino and Del Rio Road.
The facility that we propose to build would be a modern
fueling facility which would cater to the needs of the commu-
nity and benefit all classes of trade, including business and
corm-narcyal use of an up-to-date cardlock fueling system.
. As you will observe from the attached plans, this will
be a very attractive business complete with a "mini-mart" and
separate fueling islands for gasoline and diesel fuel.
We are proud to introduce this recent concept for a 24-
hour fueling facility which will be the first of its kind here
on the Central Coast.
Our company, Folkins & Folkins, Inc. , is a small family-
owned and operated business and we feel that it is a great
opportunity for us to create this new business in your commu—
nity that will serve the fueling needs of Atascadero as well
as the surrounding agricultural area for years to come.
Sincerely,
/J
Dan Fol ns, Pres.
Folkins & Folkins, Inc.
99t
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EXHIBIT F
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 4 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY AT 1950/2000/2025
EL CAMINO REAL FROM CN TO CT
(ZC 12-89: (Folkins & Folkins, Inc. )
WHEREAS, the proposed zoning map amendments are consistent
with the General Plan as required by Section 65860 of the
California Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the proposed amendments will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on December 19, 1989 and has recommended approval of
Zone Change 1289.
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 lan
use and zoning.
2. The proposal is consistent with the General Plan
land use element.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
Section 2. Zoning Map.
Map number 4 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department
is hereby amended to reclassify the parcels listed below as and
shown on the attached Exhibit A which are hereby made a part of
this ordinance by reference.
Ptn. of Lot 7; Block 22; Atascadero Colony
Lot 1 of Block 48; Atascadero Colony
Lot 13 of Block 23; Atascadero Colony
EXHIBIT F (cont. )
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:
ROLLIN DEXTER, Mayor
City of Atascadero, California
ATTEST:
BOYD C. SHARITZ, City Clerk
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
EXHIBIT A
CITY OF ATASCADERO ORDINANCE NO.
r-.«+ iNq . ZONE CHANGE 12-69
��. COMMUNITY DEVELOPMENT
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CITY OF ATASCADERO Item: B-4
STAFF REPORT
FOR: Planning Commission Meeting Date: September 19, 1989
BY: 9-i Doug Davidson, Associate Planner File No: CUP 07-89
SUBJECT:
Consideration of a request to establish a service station
(gasoline cardlock) , including food and beverage sales, in the CN
zone.
RECOMMENDATION:
Staff recommends denial of Conditional Use Permit 07-89, based
on the Findings for Denial in Exhibit G.
SITUATION AND FACTS:
1 . Applicant. . . . . . . . . . . . . . . . . . . .Folkins & Folkins, Inc.
2. Representative. . . . . . . . . . . . . . .R.P. Heim
3. Project Address. . . . . . . . . . . . . .2025 E1 Camino Real
4 . General Plan Designation. . . . .Retail Commercial
5. Zoning District. . . . . . . . . . . . . .CN (Commercial Neighborhood)
6. Site Area. . . . . . . . . . . . . . . . . . . . 0 . 65 acres
7. Existing Use. . . . . . . . . . . . . . . . .Metal Building
8 . Environmental Status. . . . . . . . .Negative Declaration posted
September 5, 1989.
ANALYSIS:
The applicant proposes to establish a 24-hour service station,
including a cardlock gasoline system. In a cardlock system,
fueling and billing is accomplished by use of a card, similar to
a credit card. The cardlock system would be available only for
the commercial and agricultural clients. The project also
contains a 1, 350 square feet food and beverage retail store.
Under the Zoning Ordinance, this proposed use is defined as a
service station, with special development standards required in
Chapter Six. Although this is the dominant use of the property,
the "quick-stop" store (defined as food and beverage retail) is
included to determine parking requirements, as well as other site
considerations. As the following analysis reveals however, it is
the magnitude of the project in relation to the intended uses of
the Commercial Neighborhood (CN) zone, that creates a conflict.
The General Plan and Zoning Ordinance both contain policies for
development in the CN zones. In light of the General Plan Update
program, this report also reviews other possible land use
designations for the site.
Development Standards/Appearance Review
Section 9-6. 164 of the Zoning Ordinance contains development
standards for automobile service stations. These include
minimum requirements for location, site area, setbacks, access,
parking, and landscaping. As Exhibit C shows, the design meets
all of the criteria, with the exception of a five foot landscaped
strip on Del Rio Rd. Furthermore, the color and material board
(Exhibit D) presents a building design with a positive image for
this type of use. By providing a canopy of the same color and
materials, the design theme of the retail building is connected
with the passenger vehicle fueling area. Thus as the next
section indicates, the concern is not site or building design,
but the nature of the project in light of the land use purpose of
the CN zone.
General Plan/Zoning Ordinance Language
On page 63, the General Plan explains the intent of the
Neighborhood Commercial land use designation and proposes
policies for its development:
"These are retail businesses and services that supply the
daily needs of the community. "
"Usually, a grocery store anchors the neighborhood shopping
center. Around it are clustered convenience stores such as
the drug store, the barber, laundromat, perhaps a service
station, among others. "
"In order to relieve traffic congestion along El Camino Real
and reduce the number of daily trips downtown, proposed
convenience stores shall be encouraged to locate in
neighborhood areas. "
The Zoning Ordinance summarizes the intent of the CN zone in the
purpose statement (Section 9-3.201) :
"This zone is established to provide for small scale retail
shopping and personal service facilities at the neighborhood
level. The Commercial Neighborhood Zone is situated and
designed to serve the limited shopping and service needs of
the immediately surrounding residential area. "
-2-
As the applicant' s statement and letters of support (see
attachments) indicate the proposed fuel facility is regional in
nature. With the closest similar facility being located in Paso
Robles, this project will serve the commercial and agricultural
fuel needs of the surrounding region, including Santa Margarita
and Templeton. While a neighborhood service station could be an
appropriate use in the CN zone, the service area of this project
far exceeds that of the "daily, limited needs of the immediately
surrounding residential area. "
General Plan Update
While the proposed use is clearly not appropriate in the CN zone
as defined, an analysis of this current land use designation at
the four corners at Del Rio Road and E1 Camino Real is underway
in the General Plan Update program. This review addresses both
the existing shortcomings in the General Plan Retail Commercial
designation, as well as the potential for more appropriate land
use designations.
The existing Retail Commercial designation of the General Plan
includes the CR (Commercial Retail) , CN (Commercial
Neighborhood) , and CT (Commercial Tourist) zones. Hence, the
suitable land uses for this broad category range from small scale
neighborhood centers to large scale hotels and visitor centers .
Staff believes that the General Plan Update is the appropriate
time to split Commercial Retail into the more specific
designations as contained in the Zoning Ordinance. If the
General Plan designations of Tourist Commercial and Neighborhood
Commercial are created, the land uses allowed by the Zoning
Ordinance will reflect the General Plan more accurately. All
other General Plan land use categories correspond to the specific
zoning.
The General Plan realizes the importance of providing convenient
commercial services with the following policy (page 63) :
"If, because of population pressures, a need can be
demonstrated, commercial uses should be located where they
are convenient for commuting residents. In such a case, a
location at either of the U.S. 101 intersections with Del
Rio Road and Santa Barbara Road shall be desirable for
commercial development . Such development shall be
secondary to surrounding residential uses and shall
necessitate a development plan. "
The four corners of CN land use at Del Rio Road and El Camino
Real comprise approximately fifteen (15) acres. By comparison,
the site containing the Food 4 Less/Long' s shopping center is
less than nine (9) acres. Staff believes that the corner lots
(those having frontage on both Del Rio and El Camino) are better
suited for more intense uses, such as freeway oriented uses
-3-
serving the traveling public. The remaining CN property should
remain devoted to uses serving the immediate neighborhood. This
would take advantage of the freeway access offered by Del Rio
Road, while still maintaining sufficient commercial neighborhood
land to serve this developing area.
CONCLUSIONS:
The purpose of the CN zone is to provide the daily shopping and
service needs of the immediately surrounding area. A service
station primarily designed to provide the commercial, industrial,
and agricultural fuel needs of the Atascadero region is not
appropriate. Furthermore, the cardlock system restricts access
and availability to members only. On the other hand, this site
could be ideal for this facility, with its direct access to the
freeway and proximity to the Templeton area. The letters of
support indicate that this type of facility is needed in the
area. For these reasons, staff encourages the applicant to apply
for a zone change to CT. A new General Plan designation of
Tourist Commercial at three or four of these corner lots would
maintain consistency between the Zoning Ordinance and General
Plan. Sufficient Neighborhood Commercial land would remain to
serve the surrounding residential area.
ATTACHMENTS : Exhibit A - General Plan Map
Exhibit B - Zoning Map
Exhibit C Site Plan
Exhibit D - Color and Material Board
Exhibit E - Developer' s Statement
Exhibit F - Letters of Support
Exhibit G - Findings for Denial
-4-
EXHIBIT A
CITY OF ATASCADERO GENERAL PLAN MAP
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COMMUNITY DEVELOPMENT CUP ' 07-89
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DEPARTMENT
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COMMUNITY DEVELOPMENT CUP 07-89
DEPARTMENT
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EXHIBIT D
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COMMUNITY DEVELOPMENT CUP 07-89
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EXHIBIT E
CUP 07-89
z°.
zi
Folkins Folkins
INCORPORATED
P.O. Box 1725
Sante Maria. California 93456
(805; 925 3650
City of Atascadero
Atascadero, California
. Dan and Paula Folkins on behalf of Folkins Folkins, Inc.
would like to hereby submit a proposal to the City of Atasca-
dero for a building project to be located on the corner of E1
Camino and Del Rio Road.
The facility that we propose to build would be a modern
fueling facility which would cater to the needs of the commu-
nity and benefit all classes of trade, including business and
commercial use of an up-to-date cardlock fueling system.
As you will observe from the attached plans, this will
be a very attractive business complete with a "mini-mart" and
separate fueling islands for gasoline and diesel fuel.
We are proud to introduce this recent contzept for a 24-
hour fueling facility which will be the first of its kind here
on the Central Coast.
Our company, Folkins & Folkins, Inc. , is a small family-
owned and operated business and we feel that it is a great
opportunity for us to create this new business in your commu-
nity that will serve the fueling needs of Atascadero as well
as the surrounding agricultural area for years to come.
Sincerely,
Dan Fol ns, Pres.
X00. Folkins & Folkins, Inc.
,JLIN 30 1989
EXHIBIT F
LETTERS OF SUPPORT
CUP 07-89
mem DR{WNG CO..INC.
P-0:801$24.
TEt.1P ev,CA svesw24
L
PHONE(805 4341324
L 1
..s
0t! of At ascader-o
LaPartmt:nt. a+ Planning J
and r
� eve1 opmer,t
65(- O Palma Avenue
Htt:.en t l ok Commission Members:
Eeo_use of the new overhead and underground fuel storage
lawn ci_mi "g into effect , we will probably be for-Led to find
alternative sources to fuel our equipment . January 1 , 1990 mart/
the beginning of mandatory tank insurance for our fuF_l storage
tank:_,. This law alone could force us to pull our tanks.
F,tascadero has no diesel Fuel or gasoline fueling -facility
that will meet the needs of our larger equipment and wou '
consequently put a tremendous financial liability on o*
buBiness, _.ince Faso Robles has the nearest fuel facilities we
could use. We have, however , reviewed the new fuel facility
Proposed by Folk:ins and Folkins Incorporated. This new business
would allow us to fuel our equipment locally and make it possible
+ r- us to continue to run our Uwn business in ' an equitable
Wo s1,.anu
_. urge you to mc:i,, in favor oT this new ri..tal.
` .:•: 1 .111. :
that wuuld Lertalnly help the local community and t(;L
bin_erely,
�'v r
JUN 301999
„ll hh
EXHIBIT F (cont. )
EL CAM[NO BUtLDING SUPPLY, (NC..
8280 EL CAMINO REAL 706 W. BOONE STREET
ATASCADERO, CA 93422 SANTA MARIA, CA 93464
(805) 466-3133 (806) 928-4407
C i l r f n t :)s(r :�c I r r f')
l_►n(?�+I f.fllfrr'll:, ()f f•1 -.1,11inq c111d Dc�:c�jrOfllf" II{
ni
At.t.r�rlt 1 !.u. t:r Iruni s5icul (-(umbers:
tle -+rc� nSmaII business in thl .n. Ate.sc-afierc area that UseS
Die-;r.�l F1- el f(:)r rar.tr transportation IIul-poses. With all the new
t.allk: r 1.Cles and now this ca.t.-+strraphic furl i a11k: insurance law
the t: will ter_, in e-ffect on January 1 , 199(.), there is certainly a
good chancey that we. will be unable to store fuel on our prciperty.
rhis means for us to stay compptiti Ve in our bliSi ness, vie wi 1 1
have to buy our fuel at a wholesale plant or cardlor_lc facility,
r,hich is non-existent in our city. (Paso Rob 1es tieing the
Closest )
We have looked at the new fuel facility prc►pr_►ssal by Follrins,
and Foll::ins Incorporated And feel this would be the answer- to the
fut.l.fre fr..IFA. i.rlg (problems of 0L.Ar business. Wry str'•caigly urge you to
move in f:+.rr of this rlew fueling fz%rility that will relieve LAS
of the n&,F,ri t.f.3 �tnr e f ueI ran of_rr proper ty al►d al i c.)w LIS tO
C.r_►ntlnL1F! nur bUS111PGS Ot a cc-impetitive level .
� 7
07%
ton V,
,JUN 30 1989
EXHIBIT F (cont. )
TRANSPORT
ROSS I SERVICE � -
POST OFFICE BOX 120 PHONE (805) 434.2W
TEMPLETON, CALIFORNIA 93165
City of Atascadero
D partment of Planning and Development
b`JOC) Palma AvE-nLIe
rltaacaderu, Ca. 934'_
ALtortLion Commission Members:
because of the new overhead and underground fuel
laws coming into effect, we will probably be forced Lo find
alternative sources to furl our equipment. January 1 , 1`/y0 otcar4:
t.hE- beginning of mandatory tants insurance for our fLurl storage
tani:.s. This law :alone could force us to pull our
ALascadero has no diesel Fuel or gasoline fueling tac:i1ity
that will meet the needs of our larger equipment ,0li would
consequently put a tremendous financial liability carr ot,
busi nes„ since Paso Robles es has the nearest +UL11 f ac_I t i t i C7 1
could use. Wd have, however , reviewed the new fuel t«ci1ity
proposed by Foll::ins and Folk-Int; Incorporated. This I',L:w bLt I.ne,,
would allow us to fuel our equipment locally and mako it NL, ibIu
+or ua to continue: to run our own busine�>s in an L-gt..1, tz.L,iL�
Wt: Strongly urge YOU to move in +avur o+ thi,.: le+ •w te.lel
+ucili Ly that would certainly help the local comitttunit:.y .tnd Lhe
surrounding areas.
Sincerely,
ii1N 301499
EXHIBIT F (cont. )
PHONE (005: 466.2533 ,
0963 EL CAMNO REAL
POST OFFICE BOX 690
ATASCAOCRO. CALIFORNIA 93423
City of Atascadero
Department of Planning a .d �Iplopment '
650( Palma Avenue �.,
Atascadero� c . ?7'42._,
.......,,y .s:�. Y ..
Attention Comrnisri.on Merll�0r,�; •►,� ' .. ,,,
Because o 't-'the new `-overheaq a ~� underground +uei storage
laws coming into f�ct, we will,' '%pr ably be forced to find
alternative sours_ t f�tii �qt;t ,„e({Gj prrlent. January 1 , 1990 marks
the beginning of mt ."'insadance for our fuel storage
tanks. This law along:.: p us to pull our tanks.
AtasGiGler ,�>:
53.,],1,�i •• o r
,, � �, • ,.` �,� f.ue l i n g facility
that will awet the �," r 1 arg ;:Arnt and would
consequent) put a, "' f i nanci` r.Y-Iabi 1 i ty on our
business, ''sLce Paso ob the nearest fuel facilities we
could use. We h owevera 'P@yiewed the new fuel facility
proposed by Fol ki ns d Fp . ]�co►'p ted. This new business
would allow us to ftrfel out! R ipnile J al y and mai4e it possible
for us to continat' to run .our ;.own .4vinfpss in an equitable
manner. "
We strongly urge you ''to move in favor of this new fuel
facility that would certainly help the local commL(ni y and the
surrounding areas.
'i ncerel y,
Pt
Aw
,JU^I 301999
i
' F� ,r�
EXHIBIT F (cont. )
A - Jay Excavating, Inc.
LICENSED CONTRACTOR 4456026 a PUO T-140M
P.O.BOX 554 • ATASCADERO,CA.93423 • (SM 406.0300
City of Atasc adero
Dement of Planning and Developmnt
6500 Palma Avenue
Atascadero, CA. 93422 June 16, 1989
Attenticn C=missicn Members:
Because of the new overhead and fuel storage laws
coming into effect, we will p=bably be forced to find alternative
sources t4 fuel our equipment. January 1, 1990 marks the beginning
Of mandatory tank insurance for our fuel storage tanks. This Law
alone could force us to pill our tanks.
Atascaderp has no diesel fuel or gasoline f sling facility
that will meet the needs of our larger equipment and would conse-
tly put a tremendeus financial liability cn our business, since
Paw Robles has the nearest fusel facilities we could use. We have,
hmewxt reviewedi-the nearest fuel facility.prvposed by Mkins and
Pblkins incorporated. . This new business would aLlow us to fuel our
equipment locally and make it possible for us. to ootz Imm to run our
own business in an equitable manner.
that We stcertainly ly urge you to move in favor of this new fuel facility
help the local co m m ity and the surrounding
areas.
John Dellaire
Vice President
A-Jay Ekeavating, Inc.
1999
Exhibit G - Findings for Denial
Conditional Use Permit 07-89
2025 E1 Camino Real
(Folkins & Folkins, Inc. / Heim)
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. The Negative Declaration prepared for the project
is adequate.
FINDINGS:
1 . The proposed project is not consistent with the General
Plan policies for development within the Neighborhood
Commercial land use designation.
2 . The proposed project is not consistent with the Zoning
Ordinance purpose statement for development within the
Commercial Neighborhood zone.
PAGE FIVE
PLANNING COMMISSION - MINUTES EXCERPT - 12/19/89
MOTION: Made by Commissioner Luna, seconded by Commission-
er Brasher and carried 7 : 0 to deny Tentative
Parcel Map 13-89 baser! on the Findings for Denial
contained in the staf report with no action on
the Negative Declaration.
Chairperson Lochridge declared a recess at 9 : 05 p.m. ;
meeting reconvened at 9 : 23 p.m.
3 . ZONE CHANGE 12-89 :
Application filed by Folkins & Folkins, Inc . for
consideration of changing the zoning from CN (Commer-
cial Neighborhood) to CT (Commercial Tourist) . Subject
site is located at 2025 E1 Camino Real .
Mr. Davidson presented the staff report and provided a
background on a previous conditional use permit request to
establish a service station and retail store on the subject
site. Staff is recommending approval of the zone Change as
reflected in the draft ordinance.
Commission questions and discussion followed concerning
allowable and conditionally allowed uses in the CT zone,
site development issues including drainage and traffic,
curb, gutter and sidewalk, etc. In response to questions,
Mr. Davidson stated that the precise plan process would be
required for the site ' s development .
Dan Folkins, applicant, spoke in support of the request and
clarified that his company is a small operation and has no
affiliation with any major oil companies . There is a need
for this type of service (cardlock station) in the
Atascadero area. He emphasized that the proposed use is not
a truck stop and explained that this site is ideal for
access for vehicles traveling on the freeway. Mr. Folkins
then responded to questions from the Commission.
Paul Hyman expressed concern that a convenience store could
be built adjacent to the gas station without further public
review that would sell alcohol . He felt there is a definite
public health and safety issue about concurrent sales of
gasoline and alcohol .
Mr. DeCamp remarked that the Council has initiated a change
to the zoning ordinance text that would require that the
concurrent sale of gasoline and alcohol be approved only
through the conditional use permit process .
Martin Kudlac, 4740 Del Rio, presented the Commission with
a petion from 17 residents on Del Rio opposing the zone
change. There will be an increase in traffic with an
overflow of waiting vehicles. He expressed concern with the
future school development at Del Rio and San Benito Roads
PAGE SIX
PLANNING COMMISSION - MINUTES EXCERPT - 12119/89
and what effect this proposal will have, as well as concern
that any convenience store built will become a hang-out and
will only contribute to the litter problem. This
residential area is not an appropriate one for the proposed
use.
Barry Pendley, Obispo Road resident, echoed Mr. Kudlac' s
comments Opposing the request. There appear to be a number
of areas both north and south of the City limits that would
be more suitable for this type of development. He presented
a letter opposing the zone change from Roger and Marilynn
Orismore.
Dorothy McNeil asked for clarification on Mr. DeCamp' s
earlier statements concerning the Council initiated action
concerning use permits required for alcohol sales in
conjunction with gasoline sales .
Paul Hyman asked how the public safety and health concerns
concerning concurrent alcohol and gasoline sales would be
addressed for this particular proposal since an ordinance
has not been adopted.
Discussion followed.
Mr. Folkins stated he is disappointed about the alcohol
issue adding that he and his family would be more than
willing to sign a statement that there will be no sales of
alcohol for his convenience store.
Commissioner Highland stated that focus needs to be given to
the zone change itself, not a particular project. There is
a lot going for CT zoning on the subject corner; it is small
enough that it will not be developed into a major truck
stop. There is good visibility and has major access to the
freeway.
In response to question, Mr. DeCamp explained that the
amount of developable CT properties is extremely limited.
There is some CT land at the intersection of Santa Rosa and
El Camino Real; some CT at the corner of San Anselmo and
101 that is currently available for development.
Chairperson Lochridge cited a previous CUP for Beehive
Mobile Homes wherein it appeared that many of the CT
allowable uses would not be acceptable for that particular
piece of land.
Mr. DeCamp commented that given the limited amount of
commercial tourist property that is readily available, this
would be a prime location for this use given the access and
visibility of the site.
PAGE SEVEN
PLANNING COMMISSION - MINUTES ...EXCERPT - 12/19/89
Commissioner Highland explained that the subject site has
been used as a trucking site for at least 15-20 years as the
property owner has had a trucking business .
There was continued discussion concerning the overlap of CN
and CT zoning. In response to Question, Mr. Decamp stated a
majority of the uses allowed in the CN zone are also allowed
in the CT zone. The difference is that the CN land focuses
on the immediate needs of the surrounding neighborhood; the
CT zone takes advantage of the freeway and visibility and is
focused on a broader range of uses that might attract the
traveling public.
Commissioner Brasher stated that a serious look needs to be
taken at all of the commercial uses and how they are
defined and where they are appropriate.
Mr. DeCamp added that through the General Plan update and
the rewrite of the Zoning ordinance those concerns will be
addressed. The Ordinance is extremely liberal in terms of
the overlap and the uses that are allowed in the various
zones .
Commissioner Luna expressed concern with the increase in
traffic that will result and asked if there is information
in the Update that will assist the Commission on how much of
an increase will occur. Mr. Decamp responded that Del Rio
Road is anticipated to have significant increases . Del Rio
may be one of many roads that may be designated as a truck
route.
MOTION: Made by Commissioner Highland, seconded by Commis-
sioner Hanauer, to recommend approval of Zone
Change 12-89 based on the draft ordinance
contained in the staff report. The motion carried
4 :3 with the following vote:
AYES: Commissioners Highland, Hanauer, Lopez-
Balbontin and Waage
NOES: Commissioners Luna, Brasher and Chairperson
Lochridge
Commissioner Brasher felt this zone change is premature at
this time prior to the General Plan Update.
Commissioner Lopez-Balbontin stated there is a need for this
type of diesel distribution besides on the corner of E1
Yp _
41 which is already a heavily
Real and Highway Y
Camino g y
impacted corner.
ORDINANCE NO. 202
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 4 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY AT 1950/2000/2025
EL CAMINO REAL FROM CN TO CT
(ZC 12-89: (Folkins & Folkins, Inc. )
WHEREAS, the proposed zoning map amendments are consistent
with the General Plan as required by Section 65860 of the
California Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the proposed amendments will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on December 19, 1989 and has recommended approval of
Zone Change 12-89.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1 . The proposal is compatible with the surrounding land
use and zoning. .
2. The proposal is consistent with the General Plan
land use element.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
Section 2. Zoning Map.
Map number 4 of the Official Zoning Maps of the City of
Atascadero on mile in the City Community Development Department
is hereby amended to reclassify the parcels listed below as and
shown on the attached Exhibit A which are hereby made a part of
this ordinance by reference.
Ptn. of Lot 7; Block 22; Atascadero Colony
Lot 1 of Block 48; Atascadero Colony
Lot 13 of Block 23; Atascadero Colony
Ordinance No. 202
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:
ROLLIN DEXTER, Mayor
City of Atascadero, California
ATTEST:
BOYD C. SHARITZ, City Clerk
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
EXHIBIT A
•t CITY OF ATASCADERO ORDINANCE NO. 202
ZONE CHANGE 12-89
�C:OMMUNITY DEVELOPMENT
. DEPARTMENT
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v �i^ '-�4 :� � •� sr r `.,.fix�_.. .r �..� �i� � � :q.�a..:
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r
Rezonin from
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__commercia1 neighborhood to
commercial tou� rpt, �-- - - ---
CARD LOCK SERVICE STATION/FAST FOOD STORE
On Dec. 19, 1989 at 7:30pm)p , the Atascadero Planning Commissi
Will hear a request by Folkins & Folkins , Inc. of Santa on
Maria to build at the south/east corner of Del Rio Rd.
E1 Camino _Real a truckfuelservice/fast food operation and
Commonly known as a Card Lock system to fuel trucks .
Those local residents , that will or would be affected have
freely _ -
signed their names below in opposition to the
construction of above referenced business .
NAME SIGNATURE _
1 ADDRESS
2 .
4 , �`�0.caC I Si wl! Ili Ciro w �Q R(p
5 . � _ L 4" O e'er b
f12 ell
7.
8 .
9.
10. C" c, e�
r �
r3�ylzt
12 Id
.Lk-
4640 Obispo Drive
Atascadero, Ca . 93422
December 19 , 1989
To Members of the Planning Commission:
We are residents of the neighborhood which
would be affected by a rezoning of the warehouse property
on the corner of El Camino Real and Del Rio Road. Its our
understanding that if the property is rezoned , it could be sold
for the purpose of constructing a Diesel Truck servicing
station.
We 're concerned that such a business might not be in
character with the quiet neighborhood in which we live,
and would cause traffic problems at the intersection of
these two streets . Therefore , we respectfully request that
you deny the rezoning change .
Sincerely yours ,
9—� L
Roger Grismore
iviarilynn Grismore
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-5
Through: Ray Windsor, City Manager Meeting Date: 119190
File No: ZC 3-89
From: Henry Engen, Community Development Director 1-
SUBJECT:
Amendment to the text of the Zoning Ordinance to allow lots
occupied by nonconforming uses to be further developed by the
addition of conforming uses or structures (subject to conditional
use permit approval) .
BACKGROUND :
On December 5,1989, the Planning Commission conducted a public
hearing on this subject and on a 6 :0 vote (Commissioner Hanauer
absent) , recommended approval of Zone Change 3-89 as reflected in
• Ordinance No. 203 . There was discussion and public testimony as
evidenced in the attached minutes excerpt.
RECOMMENDATION:
1) Waive reading of Ordinance No. 203 in full and approve by
title only; and
2) Approve Ordinance No. 203 on first reading
HE:ps
ATTACHMENTS: Staff Report dated December 5, 1989
Minutes Excerpt - December 5, 1989
Ordinance No. 203
CC: L. Kent Williams
•
CITY OF ATASCADERO Item: B-2
STAFF REPORT
FOR: Planning Commission Meeting Date: December 5, 1989
BY: p�pSteven L. DeCamp, City Planner File No: ZC 3-89
SUBJECT:
An amendment to the text of the Zoning Ordinance to allow lots
occupied by nonconforming uses to be further developed by the
addition of conforming uses or structures.
BACKGROUND:
The City Council initiated this Zoning Ordinance text amendment
to provide an opportunity for analysis of the question of
allowing for the addition of conforming uses or structures to
lots which contain nonconforming uses. This amendment request
was generated by Mr. L. Kent Williams who seeks to build an
additional storage building on a single family residential lot
which already contains two (2) single family dwellings (a
nonconforming land use) . The City' s Zoning Ordinance does not
permit the expansion of, or additions to such nonconforming uses.
A. SITUATION AND FACTS:
1 . Applicant. . . . . . . . . . . . . . . . . .City of Atascadero
2 . Project Location. . . . .. . . . . .City wide
3. Environmental Status. . . . . . . . .Negative Declaration posted
November 21, 1989
B. ANALYSIS:
The Zoning Ordinance defines a nonconforming land use as follows:
"9-7 . 102 . Nonconforming Use Defined: Nonconforming use
includes any of the following which were lawfully
established before the effective date, or before any
subsequent amendment, of this Title:
(a) A building, structure (including signs) , land use, or
activity which was established or conducted in a •
manner which does not conform with one or more
2
standards or permit requirements of this Title.
(b) A use of land established in a location where such use
is not identified as allowable by this Title. "
Chapter 7 of the Ordinance restricts the use and/or expansion of
nonconforming land uses as follows:
"9-7 . 106. Nonconforming Uses of Land: Any
nonconforming use of land (Section 9-7 . 102 (b) ) may be
continued as follows:
(a) Expansion: The use may not be enlarged, increased, or
extended to occupy a greater area of land than that
occupied on the effective date of this Title, except
for a detached single family residence as provided in
Subsection c of this Section.
(b) Discontinued Use: If the nonconforming use of land is
discontinued for a period of six months or more, any
following use shall conform with all applicable
requirements of this Title.
(c) Single Family Residential Use: A detached single
family residence existing as a principal use in
commercial or industrial zoning districts may be
continued as a residential use, subject to Subsection b
of this Section, and may be altered, provided that no
increase in the number of dwelling units or increase
greater than 50% in the usable floor area, as it
existed on the effective date of this Title, occurs.
Any expansion pursuant to this standard shall conform
with all applicable provisions of Chapters 9-4 and 9-6
of this Title. "
Staff has consistently interpreted Section 9-7 . 106. (a) to mean
that no additional development would be allowed on a parcel
containing any nonconforming use. This interpretation has
applied equally to direct expansion of the nonconforming use or
the development or placement of a conforming use on the same
property. The Ordinance allows for the continuation of the
legally created but now nonconforming use, but disallows any
expansion of the use, or increase in the development of the
property upon which the nonconforming use is located. The intent
of disallowing expansion of the nonconforming use, or other use
of the property, is to encourage the nonconforming use to
relocate to a zone where it is allowed or can be conditionally
approved.
The City' s General Plan provides little guidance relative to
nonconforming uses. The basic premise of a general plan is,
however, to ensure compatible development and to provide suitable
310
areas for the range of activities that are anticipated within the
community. For this reason, it is not customary for a plan to
devote much space to the issue of nonconforming uses . The single
Policy in the Atascadero General Plan that does address the issue
of nonconforming uses is found in the Residential Policy
Proposals (page 58) and states:
"13. Non-conforming uses located in residential areas shall
be relocated. "
The Zoning Ordinance provisions regarding the expansion of
nonconforming uses effectively encourage such uses to relocate
to appropriate zones if they seek to expand, enlarge or extend
their area.
It is clearly in the best interest of the community to eliminate,
wherever and whenever possible, nonconforming land uses.
Nonconforming uses that were created illegally should be abated;
legally established nonconforming uses should be encouraged to
relocate to more suitable locations. Likewise, such uses,
whether legally established or not, should not be allowed to
expand.
It may not be necessary to restrict the establishment of all
conforming uses and/or structures on lots containing
nonconforming land uses as is currently provided in the Zoning
Ordinance. If a conforming use will not facilitate the
continuation or expansion of a nonconforming use, there is no
public interest to be protected. The City of San Luis Obispo,
for example, allows for such development in their Zoning
Ordinance by providing:
"A lot occupied by a non-conforming use may be further
developed by the addition of conforming uses and structures,
provided an administrative use permit is approved by the
Director. "
Through the Conditional Use Permit process (an Administrative Use
Permit appears to be a more appropriate vehicle, but is not
authorized by the Atascadero Zoning Ordinance) , assurances could
be obtained that the new conforming use or structure would not
add to the nonconforming status of the lot, and that other
concerns such as density, circulation, landscaping, etc. are
addressed.
An example of a situation where a conforming structure and use
might be permitted on a lot containing a nonconforming use is the
property owned by Mr. Williams. This pot contains approximately
5. 0 acres and is zoned RS (Residential Suburban) . There are two
(2) single family dwellings on this property that were
constructed well before the adoption of the current Zoning
Ordinance. The property is, however, considered to be
4
nonconforming because of the second residence. Under the
provisions of the current Ordinance, Mr. Williams has been denied
a permit to build a storage building on his property, even though
the storage building would otherwise be a conforming use and
structure. After review of a site plan, and a public hearing,
the Planning Commission might be able to approve such a project
given adequate assurances that all concerns relative to density,
site design, landscape screening, etc. have been addressed. If,
however, the analysis results in unresolved concerns, the plan
could be denied. Such issues can best be determined on a case-
by-case basis.
The language proposed for inclusion within the Zoning Ordinance
would provide the avenue for the case-by-case analysis and
determination that is necessary.
C. RECOMMENDATION:
Staff recommends that the Commission approve the attached draft
ordinance and recommend its adoption to the City Council.
ATTACHMENTS: Attachment A - March 28, 1989 City Council Report
Attachment B - Draft Ordinance
ATTACHMENT A
M E M O R A N D U M
r
TO: City Council March 28 , 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director �*6
SUBJECT., REQUEST TO INITIATE ZONING ORDINANCE TEXT AMENDMENT -
NONCONFORMING USES/STRUCTURES
BACKGROUND:
Mr. L. Kent Williams has submitted a request to provide enough
flexibility in the Zoning Ordinance to permit him to build a barn
on his existing lot at 12501 Santa Lucia Road. There are two
homes on this five acre parcel which creates a nonconforming
land use situation. The Zoning Ordinance does not permit the
expansion of nonconforming uses nor the issuance of a permit in
such cases .
REQUEST:
The applicant is requesting a revision to the Zoning Ordinance to
allow lots occupied by a nonconforming use to be further
developed by the addition of conforming uses or structures . The
request to amend the zoning text applies to all properties in the
City and, therefore, the ordinance wisely requires that there be
either Planning Commission or Council authorization before pro-
ceeding to analysis and public hearing which could lead to a
potential change. It would appear reasonable to evaluate
establishing by use permit the possibility of of allowing lots
occupied by nonconforming uses to be further developed by the
addition of conforming uses and structures provided they do not
increase the degree of nonconformity.
RECOMMENDATION:
That the City Council initiate for review and consideration a
zoning text amendment to allow limited development for
nonconforming uses or structures subject to selected findings .
HE:ps
cc: L. Kent Williams
ATTACHMENT B
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE
TEXT RELATIVE TO NONCONFORMING USES OF LAND
(CITY OF ATASCADERO: ZC 03-89)
WHEREAS, the proposed zoning text amendment proposes
standards that are 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 regulations; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on December 5, 1989, and has recommended approval of the
Zoning Ordinance text amendment; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
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.
Zoning Ordinance Text Amendment 03-89 approved to change
the text of the Zoning Ordinance as shown in the attached Exhibit
A, which is made a part of this Ordinance by reference.
Ordinance No.
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
.�_4__-_.� -_� __ , the motion as approved by the following role
call vote:
AYES :
NOES:
ABSENT:
DATE ADOPTED:
By:
ROLLIN DEXTER, Mayor
City of Atascadero, California
ATTEST:
BOYD C. SHARITZ, City Clerk
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
EXHIBIT A
Section 9-7 . 106 (a) of the City of Atascadero Zoning Ordinance is
amended to read as follows (added language is underlined) :
(a) Expansion: The use may not be enlarged, increased, or
extended to occupy a greater area of land than that
occupied on the effective date of this Title, except
for a detached single family residence as provided in
Subsection c of this Section.
The Planning Commission may, by Conditional Use Permit,
allow a lot occupied by a nonconforming use to be
further developed by the addition of conforming uses
and structures .
PAGE TWO
Minutes Excerpt - Planning Commission - 12/5/89
MOTION: Made by Commissioner Brasher, seconded by Commis-
sioner Luna and carried 6 : 0 to continue the
hearing on Tentative Parcel Map 20-89 to a later
date.
2. ZONE CHANGE 3-89 :
Application filed by the City of Atascadero to amend
the text of the Zoning ordinance to allow 'Lots occupied
by nonconforming uses to be further developed by the
addition of conforming uses or structures . Location is
City-wide. r
Steve UeCamD presented the staff report noting staff' s
recommendation to approve an amendment to the Zoning
Ordinance text by which approval of a conforming use on a
lot contaiIlinq a nonconforming use could be accomplished
through use of the conditional use permit process .
CoiimissioIi questions and discussion followed relative to the
advantages a use permit would have as far as control of
noncoIiforming structures on a piece of property: the Zoning
Ordinance currently does not have a provision for an
administrative officer to regulate this function . etc . 0
in response to question from the Commission, Mr. DeCamp
provided a background on the City Counci'L ' s intent in
initiatina the zoning amendment.
Commissioner Hiah'Land stated that such examines of
nonconforming uses would apply to residential areas wherein
second structures had been allowed under Countv
-jurisdiction.
Greg Peterson, representing L. Tient Williams, explained how
the two houses on the five acre piece of property had been
in conformance with County ordinances but became nonconform-
ing upon adoption of Atascadero' s ordinances . Mr. and Mrs .
Williams desire to construct a barn/storage building. Mr.
Peterson urged approval of their request.
Commissioner Waage stated he sees no problem with the
ordinance and would 'Like to see the conditional use permit
process used.
Commissioner Highland added that a chance in the zoning text
to make provision for an administrative officer would be
useful when a revision to the Ordinance is adopted.
MOTION: Made by Commissioner Highland, seconded by Commis-
sioner Waage and carried 6 : 0 to recomliiend approval
of Zone Change 3-89 as reflected in tiie draft
ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE
TEXT RELATIVE TO NONCONFORMING USES OF LAND
(CITY OF ATASCADERO: ZC 03-89)
WHEREAS, the proposed zoning text amendment proposes
standards that are 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 regulations; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on December 5, 1989, and has recommended approval of the
Zoning Ordinance text amendment; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
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.
Zoning Ordinance Text Amendment 03-89 approved to change
the text of the Zoning Ordinance as shown in the attached Exhibit
A, which is made a part of this Ordinance by reference.
Ordinance No. 203
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 motion as approved by the following role
11
Vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
By:
ROLLIN DEXTER, Mayor
City of Atascadero, California
ATTEST:
BOYD C. SHARITZ, City Clerk
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
EXHIBIT A
Section 9-7 . 106 (a) of the City of Atascadero Zoning Ordinance is
amended to read as follows (added language is underlined) :
(a) Expansion: The use may not be enlarged, increased, or
extended to occupy a greater area of land than that
occupied on the effective date of this Title, except
for a detached single family residence as provided in
Subsection c of this Section.
The Planning Commission may, by Conditional Use Permit,
allow a lot occupied by a nonconforming use to be
further developed by the addition of conforming uses
and structures.
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C-1
Through: Ray Windsor, City Manager Meeting Date: 1/9/90
File No: GP Cycle 1-90
From: Henry Engen, Community Development Director
SUBJECT:
Preliminary review of General Plan Amendment applications submit-
ted for analysis and action in the first cycle of 1990.
BACKGROUND:
On December 19, 1989, the Planning Commission considered the
four General Plan Amendments submitted for this first cycle of
1990. Upon review, the Commission recommended to the City
Council those study areas for the first cycle of 1990 General
Plan amendments as shown on the exhibit maps in the attached
• staff report, and recommended concurrence with staff's
recommendations for GP 1A-90, GP 1B-90, and GP 1C90. In the case
of GP 1D-90 (to establish specific creekway building standards) ,
the Commission recommended that this amendment and concurrent
zoning ordinance text change be initiated independent of the
General Plan Update Program. There was discussion and public
testimony as referenced in the attached minutes excerpt.
RECOMMENDATION:
Concurrence with the Planning Commission' s recommendation on the
four General Plan amendments .
HR•ns
Attachments: Staff Report dated December 19, 1989
Minutes Excerpt - December 19 , 1989
•
CITY OF ATASCADERO Item: C-1
STAFF REPORT
FOR: Planning Commission Meeting Date: December 19, 1989
BY- -' Steven L. DeCamp, City Planner File No: GP Cycle 1-90
SUBJECT:
Preliminary review of those General Plan Amendment applications
submitted for analysis and action in the first cycle of 1990.
BACKGROUND:
The application period for the first cycle of General Plan
amendments for 1990 closed on October 1, 1989. The purpose of
this report is to allow the Planning Commission an opportunity to
recommend approval or modification of the proposed study areas
for the amendments already initiated by private property owners.
In addition, the Planning Commission can use this as an
opportunity to initiate any additional amendments to the City' s
General Plan. As with prior amendment cycles, staff will
recommend that Zoning Ordinance text and/or map revisions, as •
needed, be processed concurrently with the corresponding General
Plan amendment proposals.
PROPOSED AMENDMENTS:
Following is a brief description of the amendment requests
currently in process and staff' s recommendation for study area
boundaries. Staff is not recommending that any additional City
initiated General Plan amendments be undertaken at this time
because completion of the first draft under the General Plan
Revision Program is imminent.
GP 1A-90 - 10060 Atascadero Ave. (Tomassacci & Hazard)
[] "Suburban Single Family" to "High Density
Single Family"
[] RS (Residential Suburban) to RSF-X
(Residential Single Family - 1/2 acre minimum
lot size)
The applicant has submitted a General Plan map amendment request
for a 2 .43 acre parcel near the intersection of Atascadero Avenue
and San Gabriel . The subject property is designated for Suburban
Single Family development on the General Plan map. The property
to the north, south and west of this site is also designated for •
Suburban Single Family use. The property to the east is shown as
Moderate Density Single Family on the General Plan.
The subject property is within the RS (Residential Suburban)
zoning district . The property to the east is zoned RSF-Y (min.
lot size of 1 ac with sewers/1 .5 acres without) . These
designations are consistent with their corresponding General Plan
designations.
The applicant has requested a change to a designation of High
Density Single Family on the General Plan map and a zoning
esignation of RSF-X (1/2 acre minimum lot size) .
The subject property is not included within the boundaries of
the Urban Services Line and thus can not be provided with sewer
service. The lack of sewer service precludes the establishment
of the land use designation and zoning district requested by the
applicant. It would, therefore, be necessary to extend the Urban
Services Line to accomplish the applicant' s plans.
Staff does not believe that this application should be reviewed
and acted upon on its own merits. A change in zone designation
to RSF-X constitutes "spot zoning" and a significant leap-froging
of development densities. Extension of the Urban Services Line
in this location raises substantial policy issues that can best
be addressed in the context of the General Plan Update Program.
GP 1B-90 - 9110 Santa Barbara (Eagle Creek Associates)
[] "Commercial Retail" to "Recreation", High
Density Single Family", and Commercial
Retail"
[] CT (Commercial Tourist) to L (Recreation) ,
RSF-X (Residential Single Family - 1/2 acre
minimum lot size) , and CT (Tourist
Commercial) with a PD Overlay
The applicant has submitted a proposal to redesignate
approximately 22 . 0 acres of a 23.5 acre site located at the
southwest corner of the intersection of Santa Barbara Road and
US 101 . The property is currently designated "Retail Commercial"
on the General Plan map. The zoning on the property is CT [FH]
(Tourist Commercial with a Flood Hazard Overlay) . The property
is beyond the Urban Services Line. The property surrounding this
site is designated for Suburban Single Family development (to the
north and east) or is in an Agricultural Preserve (Eagle Ranch) .
The applicant is proposing that approximately 11 . 0 acres of the
site be utilized for High Density Single Family (RSF-X)
residential development. Another 11 . 0 acres would be designated
for recreational development (a golf course) . The remaining 1 .5
acres would remain for highway oriented commercial development .
2
The PD Overlay would be utilized to control the scale of the
project and insure compatibility of adjacent uses . In addition,
the applicant seeks to "average" the residential lot sizes to
include the recreational development .
Staff believes that this amendment request can be reviewed
independently of the ongoing General Plan Revision Program. The
current General Plan and zoning designations for this property
have been questioned in the past, but the site specific issues
have not been resolved. This amendment request provides an
appropriate vehicle for the analysis and environmental review
necessary to resolve those issues. Appropriate changes to the
Zoning Map can be made concurrently with any amendment to the
General Plan map.
GP 1C-90 - 11600 El Camino Real (Hendrix)
[] "Suburban Single Family" to Undetermined
[] RS (Residential Suburban) to Undetermined PD
The applicant has requested an amendment to the General Plan map
and Zoni_y�g Ordinance Map and text to allow the development of a
multi-use commercial/recreation/entertainment center. The
property contains approximately 63 acres and is located between
E1 Camino Real and US 101 north of Santa Barbara Road. This site
is currently designated Suburban Single Family on the General
Plan map and is zoned RS [FH] (Residential Suburban - Flood
Hazard Overlay) .
The General Plan does not contain a land use category which
appears immediately suitable for the type of development
envisioned by the applicant. Likewise, the Zoning Ordinance does
not contain a land use definition of zoning district which would
accommodate the range of uses proposed. For this reason, it will
be necessary to analyze new designations and definitions if the
project is to proceed. A PD (Planned Development) also appears
appropriate to further control the developments effects both
internally and externally.
It is anticipated that in addition to any other changes in the
General Plan required by this proposal, it will be necessary to
extend the Urban Services Line to include this property.
Staff believes that this General Plan amendment request can and
should be reviewed independently of the ongoing General Plan
Update Program. Early in the Update process, staff determined
that the area affected by this proposal was a candidate for
development of a Specific Plan as provided for in the Government
Code. As a result of that determination, it was intended to
leave this area "white" on the revised Land Use map. This
proposal provides an opportunity to prepare the analysis and
3
environmental documentation necessary to adopt a Specific Plan
for a major portion of the south end of town. Staff is
recommending that the study area for this proposal be slightly
enlarged to allow analysis of both sides of El Camino Real and to
allow inclusion of the large Neighborhood Commercial zone south
of Santa Barbara Road.
GP 1D-90 - Citywide (Luna)
[] Establish specific creekway building setback
standards
At one time, the City' s General Plan contained specific setback
standards from creeks and streams. That standard was removed
from the General Plan to pave the way for subdivision and
eventual residential development within the Creek Reservation
along Atascadero Creek. Commissioner Luna has suggested that a
setback standard be reestablished within the text of the Land Use
Element of the General Plan.
Staff concurs that enabling language for a building setback
standard should be included within the General Plan. Indeed, the
draft of the updated Land Use Element will contain such language.
Therefore, staff recommends that this issue be referred to the
Update Program and not undertaken as a separate study at this
time.
RECOMMENDATION:
The Commission should recommend study areas for the first cycle
of 1990 General Plan amendments, as shown on the attached maps,
to the City Council.
ATTACHMENTS: Map Exhibits (5)
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GP 1A-90
.24.'s CITY OF ATASCADERO 10060 Atascadero Ave.
COMMUNITY DEVELOPMENT General Plan Map
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PAGE EIGHT
PLANNING COMMISSION - MINUTES EXCERPT - 12/19/89
C. NEW BUSINESS
1 . Preliminary review of General Plan Amendment
applications submitted for analysis and action in the
first cycle of 1990 .
Mr. DeCamp presented the staff report stating the purpose of
this report is to determine: (1 ) which of the amendments
will be considered at this time; ( 2) which will be referred
to the overall General Plan update process; and, (3) to
determine study areas . The Commission' s consensus was to
review each amendment separately.
GP IA -90 (10600 Ataseadero Avenue - Tomassacei & Hazard
Staff is recommending that this General Plan amendment not
be undertaken at this time but be referred to the General
Plan process so that this property can be looked at in
context with the surrounding neighborhood and other changes
that might be occurring to the Urban Services Line. Mr.
DeCamp noted he has spoken to the applicant' s engineer and
they are in agreement with the recommendation.
In response to question from Commissioner Luna, Mr. DeCamp
stated the applicant will receive a full refund of his
application fee.
GP 1B-90 (9110 Santa Barbara (Eagle Creek Associates)
Staff is recommending that this request be reviewed
independently of the ongoing General Plan revision program.
In response to question from Commissioner Luna, Mr. DeCamp
noted a final environmental determination has not vet been
made but a focused E . I.R. that would focus on traffic and
drainage issues, as well as land use compatibility issues
is likely. It was further stated that the environmental
review for the adjacent amendment request across the freeway
(GP 1C-90) would probably be separate from this amendment as
the two projects are independent of each other.
Eric Michielssen with Eagle Creek Associates stated his
concurrence with the recommendation. The property has 9
existing parcels which totals 23 acres and is presently
zoned CT. Mr. Michielssen spoke on the proposed concept for
the property and asked that the Commission consider this
amendment individually and not lumped together with any
other project.
GP 1C-90 11600 E1 Camino Real (Hendrix)
Staff' s recommendation is to initiate the General Plan
amendment at this time and enlarge the study area slightly
to allow analysis of both sides of El Camino Real and to
allow inclusion of the large Neighborhood Commercial zone
south of Santa Barbara Road.
PAGE NINE
PLANNING COMMISSION - MINUTES EXCERPT - 12/19/89
Commission questions and discussion followed.
There was no public testimony given.
GP ID-90 Citywide (Luna)
Mr. DeCamp stated that with the rewrite of the General Plan,
the enabling language concerning the establishment of
specific creekway building setback standards has been
included. Staff is recommending that this issue be referred
to the update program and not be undertaken as a separate
study at this time.
Commission questions and discussion followed relative to
time frames for the General Plan update program. Mr. DeCamp
pointed out that every project which is undertaken that
takes away from the effort on the General Plan is going to
lengthen the process. Discussion followed.
Commissioner Highland commented that it does not appear that
there are going to be extensive changes to the land use
element of the General Plan which would require lengthy
hearings, etc.
Commissioner Luna spoke in support of the amendment to
restore what used to be policy direction in the General Plan
which was removed in 1982 concerning establishment of
specific creekway building setback standards of not less
than 50 feet. He read various statements from the General
Plan to support his request. Commissioner Luna expressed
concern that someone might come along and declare the
General Plan inadeauate because mandatory policies have not
been fulfilled.
Discussion continued concerning effects of inverse
condemnation which would occurasa result of not being
able to meet the necessary creek building setbacks .
Chairperson Lochridge suggested that the first three
amendments be acted upon with one motion and then consider
the fourth one.
MOTION: By Commissioner Highland, seconded by Commissioner
Luna and carried 7 :0 to extend the meeting past
11 :00 P.M.
MOTION: By Commissioner Highland, seconded by Commissioner
Lopez-Balbontin and carried 7 :0 to follow staff' s
recommendations on GP 1A-90, GP 1B-90, and
GP 1C-90 .
Chairperson Lochridge discussed the two options available
for consideration by the Commission.
PAGE TEN
PLANNING COMMISSION MINUTES EXCERPT - 12/19/89
Chairperson Luna stated his opinion that unless a creek
setback ordinance is written as soon as possible, the City
is in violation of its General Plan.
Commissioner Hanauer concurred adding that this should be
initiated now.
Mr. DeCamp pointed out that the Commission needs to also
initiate a Zoning Ordinance text change to provide the type
of setback standard being sought. Discussion followed.
There -was continued discussion concerning the methods by
which inverse condemnation would be avoided.
MOTION: By Commissioner Luna, and seconded by Commissioner
Hanauer to recommend to the City Council that it
reinstate language concerning the establishment of
specific creekway building setback standards in
the General Plan, and that it initiate simultan-
eously building setback requirements from the
creeks in the Zoning Ordinance. The motion
carried 6 : 1 with Commissioner Highland dissenting.
Commissioner Highland stated his dissenting vote was based
on a procedural basis, although he agrees with the concept.
C. INDIVIDUAL COMMENT
1. Planning Commission
CDliimisgion@ Brasher stated that SLO Moving as not
implemented any of the necessary improvem is to the
property, and expressed concern with th- condition of the
adjacent property vacant lot behind T ' ,e Ring) . She asked
that enforcement proceedings be in ' iated.
Commissioner Luna commented oz a memo he wrote concerning
initial studies for Negativ- Declarations and asked that he
be provided with copies o the initial studies on
applications.
Meeting adjourn at 11 :20 p.m.
MINUTES RECO D BY:
PATRICIA SHEPPHARD, Administrative Secretary
MIN ES APPROVED BY:
STEVEN DECAMP, City Planner
MEETING AGENDA
DATE 1/9/20 ITEM# C-2
rMEMORANDUM
City of Atascadero
To: City Council January 9, 1990
From: Arther R. Montandon, City Attorney
via: Ray Windsor, City Manager
Subject: Code Enforcement
Recommendation:
1. Review the proposed Code Enforcement Policy (attached) , and
if it meets with your approval, adopt.
2. Authorize the retention of legal prosecutorial services of
Roy Hanley, Attorney at Law.
• Background:
During the four weeks I have been Atascadero' s City Attorney, I
have been reviewing the Code Enforcement Program. Generally, it
needs some policy guidance. There is presently a backlog of code
enforcement cases.
I have met with the City Manager, Henry Engen, Steve DeCamp and
several complaining citizens about the present problems. As a
result of these meetings, I have contacted the most pressing vio-
lators, implemented a new request for prosecution form, discussed
with staff a written code enforcement policy, and evaluated my
ability and the prosecutorial costs of code enforcement.
This analysis has gone as far as it can without some policy dir-
ection from the City Council as to what Atascadero needs in a
code enforcement effort. This memo requests such direction.
First, I believe a written "Code Enforcement Policy" should be
adopted by the City Council to guide staff in its code compliance
effort. This should insure that the Council' s desires are ful-
filled and insure that all violators are treated equally. The
attached draft has been reviewed by staff and is submitted for
City Council approval.
Second, I have spoken with Attorney Roy Hanley about possibly
• retaining his services as city prosecutor. He is willing to
MEMO: City Council •
DATE January 9, 1990
SUBJ: Code Enforcement
assume this responsibility for $100.00 an hour. This is less
than what it would cost the City for me to be prosecutor. I
recommend that his services be retained immediately in that some
prosecution matters require immediate attention. I would still
monitor Mr. Hanley' s efforts and provide backup if required.
In sum, I believe implementation of these recommendations will
start our code enforcement effort anew and address the substan-
tial backlog. I await your input on this matter.
Sincerely,
w
AR R. MONTANDON
City Attorney
ART:fr/cw
Attachment
Enclosure •
•
CITY OF ATASCADERO
CODE ENFORCEMENT PROGRAM POLICY
GOAL:
To achieve and maintain compliance with 'Laws , regulations; and
conditions imposed by the City of Atascadero, thereby promoting a
safe; Healthy and attractive community. Atascadero' s code-
enforcement program is to achieve and maintain compliance in a
fair and even-handed manlier. other goals, including partial cost
recovery through obtaining fines, sliould be sought only when they
will further the primary goal, and/or offset the public cost of
the enforcertient Urogram.
POLICY :
1 . Reported Violations . Aliened violations of the Atascadero
Municipal" Code ( "Code" ) or other City conditions or
regulations should be pursued according to the following
guidelines :
a. Pursue alleged violations involving immediate health or
safety hazards or which are quickie established and
removed fe.g. ; traveling shows and sales; without the
heed for a complaint.
b. Pursue alleged violations involving pubic welfare
issues only after receiving a comi)laint. Complaints
will nor Ria"y come directly from citizens; from
officials on behalf of cltlzens , or from staff as a
consequence of observations in the normal course of
duties (e.g. inspections and permitting) .
2 . investigation Procedure . The first step in pursuing an
alleged violation is investigation to verify whether a
violation exists . Investigation of an alleged violation
should result in information which will aid Code Enforcement
personnel in disposing of an alleged violation as unfounded,
gai-ning compliance, or prosecuting if necessary. The infor-
lliation should be organized into a report format which
includes :
a. Name( s) and address (es) of people or entityiiesi
allegedly in violation:
b. Location of the violation;
C . Date violation was observed and by whoiii;
d Specific Code Section k s T regulation(s) or condition( s
allecied1v violated,:
e . How the above was or were violated.: and
f . Other information as useful and appropriate.
If unable to verify a violation, code-enforceivient personnel
should notify the comulain-'Lna party and ( if contact has been
made) the alleged violators .
if an all-eued violation is verified, code-enforcement
personnel should ordinarily give a warning notice, in the
form of Exhibit "A" . to all persons responsible to correct
the violation. The notice- should specify a reasonable time
to comiulv and exulain the corn-oliancI
e alternatives and how to
achieve them. Alternatives for compliance will normally
include removal of items or ending the activity causing the
violation, as well as taking corrective actions to bring the
items or activity into compliance .
3 . Citations - Except in cases involving health hazards, safety
Hazards or repeated violations . citations should be reserved
for violations which -oersist after the reasonable time for
compliance, specified in the warning notice, has elapsed.
(City Attorney to be contacted prior to citation'
After issuing a citation, the Code Enforcement officer
7'
should immediately submit a com-olete report on the case, a
duplicate of the citation.. and the officer' s recommendaion
whether the case should be filed as an infraction or a
misdemeanor to the Citv Attornev' s Office. The report
should clearly identify persons not cited but also
potentially responsible for the violation and the reasons
why these persons were not cited.
4 . Confidentiality. Absent court order, advice of the City
Attorney' s Office or permission of the complaining party,
information about the complaining party shall be kept
confidential .
5 . Eaual Treatment . All complaints should be investigated and
resolution attempted in a timely manner, with equal vigor
and ears al care.
6 . Property Access . Code enforcement personnel will go onto
private property to inspect only after receiving verbal or
written authorization from ti-le oroperty owner or tenant in
control of the -uremises . if permission is not obtained,
code enforcement personnel will reauest assistance from the
Citv AttornevTs Office to obtain a-warrant to inspect from
the Court.
7 . Complainant Contact. Code enforcement -personnel will
attempt to keep the person filing the com-plaint informed
regarding the investigation/abatement activities .
Attachment: Exhibit "A"
WARNING NOTICE
CITY OF SANTA MARIA
CODE VIOLATION
110 EAST COOK STREET SANTA MARIA,CALIFORNIA 93454-5190 805-925.0951
DATE
LOCATION:
TENA111T: PHONE
OWNER: PHONE
ADDRESS: CITY ZIP
OUR INFORMATION INDICATES THAT YOU OWN AND/OR OCCUPY THE ABOVE LISTED PROPERTY. YOU ARE
HEREBY NOTIFIED OF THE FOLLOWING VIOLATION OF THE SANTA MARIA MUNICIPAL CODE SECTION(S) :
YOU ARE REQUESTED TO CORRECT THE ABOVE LISTED VIOLATION(S) BY
FAILURE TO DO SO COULD RESULT IN A CITATION BEING ISSUED REQUIRING A MANDATORY COURT
APPEARANCE.
PLEASE CONTACT THE UNDERSIGNED AT THE COMMUNITY DEVELOPMENT DEPARTMENT AT 428 SOUTH
BROADWAY OR BY CALLING 925-0951 , EXT. IF YOU HAVE ANY QUESTIONS AND TO VERIFY
THAT YOU HAVE COMPLIED.
THE VIOLATIONS) MUST BE CORRECTED AS FOLLOWS:
ISSUED BY: TITLE
CD1-WsrnNote
.1
NOTICIA DE AMONESTACION
LE HEMUS DADO A USTED ESTA NOTICIA PARA QUE USTED CORRIJA LAS VIOLACIONES INDICADAS, DEL
CODIGO MUNICIPAL DE SANTA MARIA.
SI NO LAS CORRIGE, PODRIA RESULTAR EN UNA CITACION QUE LE DEMANDARIA APARECER A LA CORTE.
SI USTED TIENE PREGUNTAS, UNA PERSONA BILINGUE NECESITA LLAMAR POR USTED A LA OFICINA
CO*1UNITY DEVELOPMENT DEPARTMENT (TELEFONO: 925-0951, EXTENSION 244) PARA RACER UNA CITA
TOCANTE A ESTA NOTICIA.
INFRACTION PENALTIES:
Any person convicted of an infraction under the provisions of the Santa Maria Municipal
Code or any other code adopted by reference 'by that code, shall be punished by:
(1 ) A fine not exceeding one hundred and no/100ths dollars ($100.00) for a first
violation;
(2) A fine not exceeding two hundred and no/100ths dollars ($200.00) for a second
violation of the same provisions within one year; and
(3) A fine not exceeding five hundred and no/100ths dollars ($500.00) for each
additional violation of the same provisions within one year.
MISDEMEANOR PENALTIES:
Any person convicted of a misdemeanor under the provisions of the Santa Maria Municipal
Code, or any other code adopted by reference by that code, shall be punished by a fine of
not more than one thousand and no/100ths dollars ($1,000.00), or by imprisonment in the
county jail for a period not exceeding six (6) months, or by both such fine and
imprisonment.
SEPARATE OFFENSE EACH DAY VIOLATION PERSISTS:
Each person shall be guilty of a separate offense for each and every day during any
portion of which any violation of or failure to comply with any provision of the Santa
:ria Municipal code, or the provisions of any code adopted by reference by that code, is
committed, continued or permitted by such person, And shall be punishable accordingly.
MEETING AGENDA
DATE IL2L9- ITEM# C-3
H LUIS OBISPO COURTY
.1
COUNTY GOVERNMENT CENTER • SAN LUIS OBISPO,CALIFORNIA 93408 • (805)549-5252
GEORGE C. PROTOPAPAS R E C E I V E D
County Engineer
CUNTCTNmum JAN IA0 0 COUNTY
DE""COUNTY ENGINEER ENGINEERING
NOEL KING CITY IVIGR. DEPARTMENT
SPECIAL DIST TS ADMNNISTRATOR -
ROADS
TRANSPORTATION
FLOOD CONTROL
December 27, 1989 WATER CONSERVATION
COUNTY SURVEYOR
SPECIAL DISTRIM
Mr. Ray Windsor SOLID WASTE
City Administrator
City of Atascadero
6500 Palma Ave.
Atascadero, CA 93422
Subject: Water Resources Advisory Committee Member Representing
City of Atascadero
Dear Mr. Windsor:
• There is a County Water Resources Advisory Committee composed of
members representing the seven Cities, the major water purveyors
in the County , including the public districts as well as private
entities that serve water, the environmental interests, the
resource conservation districts, and other broad spectrum water
interests of the County . The bylaws of the Committee call for each
City to have a member, and an alternate member if they so desire,
on the committee. The usual procedure is for the City Council to
make a recommendation as to who they wish to have represent their
City and send that along for the Board of Supervisors consideration
for an appointment.
Although the City of Atascadero does not have a water department,
it would still be appropriate for the City to be represented on the
Water Resources Advisory Committee because of its plannino
functions. The Atascadero Mutual Water Company is also represented
by one of their Board members and as an alternate, their water
superintendent.
In the past- the City has designated their public works director
as the member with the City Administrator as the alternate member,
but this need not be the case for the future if the City does not
desire it to be that way .
Would you please ask the City Council to consider whether or not
they wish to have the City of Atascadero represented on the
• County ' s Water Resources Advisory Committee, and if so, who they
wish to represent the City .
For your information, I have enclosed a copy of the bylaws of the .
Water Resources Advisory Committee. The Committee meets reqularly
on the first Wednesday of each month here in the City of San Luis
Obispo, generally at 1 :30 p.m. with the exception that no meetinqs
are normally scheduled for the months of July and Auqust.
Sincerely ,
GEORGE C. PROTOPAPAS
County Engineer
CLINTON MILNE
Secretary , Water Resources Advisory Committee
Enclosure
Windsor. ltr.ds
•
•
1/86
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT'S
WATER RESOURCES ADVISORY COMMITTEE BYLAWS
ARTICLE 1
Purposes of the Committee
The purpose of the Water Resources Advisory Committee is :
SECTION 1: To advise the County Board of Supervisors concerning
all policy decisions relating to the water resources
of San Luis Obispo County Flood Control and Water
Conservation District. The Committee shall determine
the needs, desires, and financial capabilities of the
District with respect to water resources and upon
deliberation, shall convey to the Board of
Supervisors their -recommendations.
SECTIOt"I a To recommend to the Board of Supervisors specific
water -resource programs with recognition of the
economical and environmental values of the programs.
Further, to recommend to the Board of Supervisors
other programs concerning the objects and purposes of
the Flood Control District Act.
SECTION 3: To recommend methods of financing water resource
programs .
ARTICLE II
Members and Meetings
SECTION 1: The membership of the Committee shall consist of
members representing:
a. Each incorporated City
b. Atascadero Mutual Water Company
C. Cambria Community Services District.
d. Nipomo Community Services District
e. Templeton Community Services District
f. County Service Area No. 9 Advisory Committee
g. Men's Colony
h. Camp San Luis Obispo
i. Cuesta Community College
j . Cal Cities Water Company
k. County Farm Bureau
1. Recognized Environmental Groups
M. Resource Conservation Districts
n. Oceano Community Services District
o. One member to be appointed by each Supervisor
residing in, and representing that Supervisorial
District
Members may be recommended by bodies they represent,
but appointments shall be made by the Board of
Supervisors. Alternate members may be appointed by
the Board of Supervisors . Seven members, or their
alternates in their absence, shall constitute a
quorum.
SECTION 2: Meetings shall be held on the first Wednesday of each
month except for the months of July and August.
Meetings shall begin at 1:30 p.m. and shall continue
for no more than two hours unless approved by a
majority vote.
SECTION 3: The Chairman, or the Vice Chairman in the Chairman's
absence, may call a Special Meeting after proper
notification of the Committee members . Proper
notification shall be deemed to have been met if such
notification is written and is delivered personally
or by mail at least 24 hours in advance of the
scheduled meeting. If all members are present when
the special meeting is scheduled, then written
notification will not be necessary.
SECTION 4: Any decision or recommendation to the Board of
Supervisors shall require a majority vote by
Committee members present or their alternates for
passage.
SECTION S: Three successive unexcused absences of a member, if
no alternative is representing the member, shall be
cause for the member to be dropped from the Committee.
SECTION 6: Meetings shall be open to the public. .Visitors may
` express opinions or make requests . The Chairman may
open and close the meeting to public comment.
1 "
i
ARTICLE III
Officers
SECTION 1: Officers of the Committee shall consist of the
Chairman, Vice-Chairman and Secretary.
SECTION 2: The Chairman and Vice-Chairman of the Committee shall
he selected from the members of the Committee and
elected by a vote of the members requiring a majority
vote for election. The Secretary may be a non-member
but shall be appointed by the Committee by a vote of
the members requiring a majority vote for appointment. .
SECTION 3: Election of Officers and appointment of the Secretary
shall be done annually at the November meeting of the
Committee.
ARTICLE IV
Term of Office
SECTION 1: Officers of the Committee shall be elected/appointed
for one-year terms beginning January 1 of each year.
SECTION 2: Vacated elected- offices shall be filled by
election/appointment by the Committee. The
Vice-Chairman shall assume the Chairmanship in the
event of absence of the Chairman.
SECTION 3: Except for the first term, terms of membership shall
be for two-year periods or for shorter periods at the
pleasure of the Board of Supervisors. The first term
shall end December 31, 1979. Should a member resign
or leave the Committee, his replacement shall serve
out the remaining portion of his term.
7331x
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