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Agenda Packet 04/26/1988
(REVISED) AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING FOURTH FLOOR, ROTUNDA ROOM APRIL 26 19$8 7:30 P. M. NOTE THERE WILL BE A CLOSED COUNCIL SESSION AT 7:00 P.M. IN"THE FOURTH FLOOR CLUBROOM REGARDING CONSIDERATION OF THE INTERIM CITY MANAGER POSITION RULES OF PUBLIC PARTICIPATION: Members of the audience may speak on any item on -the agenda. A person may speak for five (5) minutes . No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. No one may speak more than twice on any item. Council Members may question any speaker; the 'speaker may respond, but, after the allotted time has expired, may not initiate further discussion. The floor will then be closed to public participation and open for Councildiscussion. Call' to Order Pledge of Allegiance Roll Call City Council Comment: `* Discussion Regarding Length of Council Meeting ** Receipt of Offer to Donate 1 Acre of Land to the City of Atascadero to be Used for the Construction of a Community Assembly Hall and/or f Performing Arts Center COMMITTEE REPORTS: (Approximate Time - 10 Minutes ) (The following represents Ad Hoc or Standing Committees . Informative status reports will be given, as felt necessary.') 1 . City/School Committee 7 . Pavilion Committee 2 . North Coastal Transit 8 . Police Facility Committee 3 . San Luis Obispo Area 9 . , Atascadero Lake. Acquisition Coordinating Council Committee 4 . Traffic Committee 10 . Tree Committee 5 . Solid/Hazardous Waste 11 . Bicentennial Committee Management Committee 6 . Economic Opportunity Commission COMMUNITY FORUM: The City- Council values and encourages exchange of, ideas and comments from you the citizen. The Public Comment Periods 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 Councils 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 or City staff . Any person desiring to submit written statements may do so by forwarding to `Council, 'prior to the Council Meeting, nine ( 9 ) copies to the City Clerk by 5 : 00 p.m on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: . (Approximate Time'' - 10 Minutes) 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 Consent Calendar. 1 Approval of the April 12 1983 Regular Council Minutes 2 Acceptance of March, 1988 Treasurer' s Report 3 . Acceptance of March, 1988 Finance Department Report 4 . Approval, of Tentative Tract ?dap 2-87 9.185 VistaBonita Road - Modify Resubdivision of 2 Existing Lots; Totaling 6 . 98 Acres into - 8 Lots , from 5 , 520 to 6 , 750 Square Feet and an open SpaceLotof 5 .33 Acres and Revise the Approved Road. Name - Nimmo/Yeomans 5 Approval of Tentative Tract Map 37-87 3430 Santa Rosa - Proposed Subdivision of 5 . 5 Acres into 6 Parcels from 1 . 00 to 1 . 14 Acres Each and Establish Caieta Lane as Private Road Naive • 6 . Approval of Tentative Parcel Map 5-88 - 7450 Santa Cruz Road - 'Proposed Subdivision of 2 Existing Developed Parcels Totaling 9 . 99 Acres into` 3 Parcels Containing 3 . 29 Acres Each - Las Encinas/Cuesta Engineering 7 . Approval of Establishment of Falcon Road as a Road Name of an Existing Private Road, Replacing the Unapproved Name of Chavez Road From the 13500 Block of Palo Verde - Jagger 8 . Approval of Establishment of La Canada Lane as a Road Name for a Private Road Located off Del Rio Road - Keil° 9 . Acceptance of Final Parcel Map 3-87 - 9005 Atascadero Avenue Shultz./Thomas Baumberger 10 . Acceptance of Final Lot Line Adjustment 17-87 10635 Realito Holmes/Lahrsen/Cuesta Engineering 11 Acceptance of Final Lot Line Adjustment 9-86 ' - 11255 and 11305 San Marcos - Lindner/Cuesta Engineering 12 . Acknowledge proclamation Voter Registration Day May ;1 , 1988 B. HEARINGS/APPEARANCES/REPORTS : (Approximate Time - 10 minute's) 1 . Proposed Zone Change 3-88 - Allowing Churches on an Interim Basis in Commercial service and Commercial Park Zones Initiated by City of Atascaoero at Request of Vineyard Christian Fellowship (Cont '`d from 2/23/88) : A. Public Hearing B. Ordinance 169 - emending the Zoning Teat to Allow Cnurciies, as Interim Uses, in Commercial Service and Commercial Park Zones ( FIRST READI.^;G) (Appro .imate Time - 15 Minutes ) � . Request by the- Atascadero Unified School District to Extend 'Ordinance ;107 : A. Public Hearing E. Ordinance 172 Amending Ordinance 107 - .Extending the sunset Clause of the City' s .Interim School Facilities Ordinance (FIRST READING) 3 (Approximate Time - 10 Minutes ) 3 . Proposed Tree Committee Ordinance & 'Appointment of Members : A. Public Hearing B. Ordinance 171 Establishment of the Atascadero Tree Committee ( FIRST FADING) C. Resolution 35-88 - Appointment of Seven Members to the Atascadero Tree Committee (Approximate Time - 15 Minutes) 4 . Resolution 28-88 - Declaring weeds a Public Nuisance and Authorizing Proceedings for Abatement of Said Nusances . C. UNFINISHED BUSINESS: (Approximate Time 10 Minutes ) 1 . Authorization to Enter into Contract of Employment for Interim City Manager - (Cont' d from 3/22, 4/18 , & 4/20/88) (Approximate Time - 15 Minutes) 2 . Proposed Police Facility Site 5505 E1 Camino Peal A. Authorization for Ross , Levin, MacIntyre and Varner Architects to Prepare an Inspection Report on Be`no' s Building (Proposed Police Facility Site) per Escrow Agreement Requirements (Approximate Time - 10 Minutes) 3 . _ _ Zone Change 2-38 - Proposing that Large Scale Non- Residential and Multiple-Family Projects be Reviewed through the Conditional Use Permit Process - Initiated by the City of Atascadero.: A. Ordinance 170 - amendment to the Zoning Ordinance Regarding the Level of Review Required for Certain Large Scale Projects ( SECOND & `FINAL READING) ( Cont' d from 4/12/88 ) (Approximate Time 15 minutes) 4 . Lewis Avenue Bridge Proposals (cont'd from 3/8/88) A. yuthor—ation to Award Vehicular and Pedestrian Bridge Contracts to. John Wallace and Associates - $561000 B. Authorization to Award Street Connection Contract to Tartaglia-Hughes - $5 , 485 4 P. NEW BUSINESS (Approximate Time - .20 Minutes) 1 . Status 'Report on Condominium Conversion Ordinance E ATASCADERO COUNTY SANITATION DISTRICT: (Council will recess and convene as the Atascadero County Sanitation District Board of Directors) 1. Authorization to Purchase 1988 Chevrolet C-10 Pickup through the State General Services Department Bid Award - $11,225 (Board to recess and reconvene as Atascadero City Council) - F. INDIVIDUAL DETERMINATION: 1. City Council` 2 . City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager 5 f j{ gOUNCI V. .'April 14" 1988. x i - r ? City Council' attached ,herewith is an official offer -to donate land ,to the Citycif At�scadero to �►� used f€sr the�ev�nt� of a community, assembly hall andlov performing Since `we are offeiring to give the adjacent fi4eacriit . the County of $an Luis Obispo for the new Ntar,th County y Center, this seems to us to be 4 good iocation a`- o n t heal. Feshapa extra parking anct other county fa.ci l - -4 t r 14 ultimately, be, shared; it least occasional, } is ; We h e the City will see fit to accept this' offer azrd bat . it X311 be the beginning of making a coni ty . l.X a realty . Since �. r Rex ' rrdr:, � > ' Rett end ix. � .r r + rc arlexe Fredei,` k t � j RR:4c, encl. fi copy: ),All Coun-cil Member a j , f, i i `J 9 aF 9+ ia. - } a �� } '' .� 7 t a. }° ' ,a, ,, r '' f I s. 11, -V ., . r �' /:a.' i .,,-x tW{ r4 t .1 1 ,. I Jw n J "� ,J :. 11,t �, t J „� Yah y, E �� , yx a t V� , 1 tk1 � ' -, P. � sE�� { �+ y yJ z �'' ',. E L" dkri"v ''. 4`. .' 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Jy. qy-' (✓��/� yk '# �� t!r Jat �)RA, V� e {r +�' .� f� "iA.T �, "I 11 II ,'';p , '1�F li ' �.,y-' V a �7i;"ia' t _ f,'oaf i{(#Yt� a I'll 17,� 11 u � :_Ae41 1d� � s; = may' ��, „� } f__,�, i .� _ ,,,* to L I 1 3 a4 rk tib , ^ �� ` �z v t , ':/ �: to t -/ L .�,ar �f r i '>,I I I , _, , ,�, ,_�, � ,;, , '�� 4"�",�._'�'_.",�"';`�'L"")_- ,� � 1, ,� , �_, -,— ,4 I� # 'f , t, t'r f 1 l ' /} 1-1 " ,,y S r `" { %� Y a a{ p \ ' ,l' i JJJ ,> �T „�� ,. i,&, r ? ..� z f .,f .,� "� I r p • . The provisions hereof shall inure to the benefit of and be binding upon the heirs, successors, assigns, and personal representatives of the respective parties hereto. This offer shall automatically terminate one (1) year from the date of execution hereof. Upon such termination the City agrees to execute any documents or deeds reasonably requested by the undersigned or their title company in order to release, terminate or quitclaim any interest in said property created by this offer to dedicate. REX HENDRIX BET IX JE C DARLENE FREDERICK ; STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) SS. On 1988, before me, the undersigned, a Notary Pubic in and for said State, personally appeared REX HENDRIX, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. WITNESS my hand and official al. eEQ �• , OFFICIAL SEAL ARY PULI JAN M. BAILEY � �.� Notary Public-California Principal Office In 2 San Luis Obispo County MY Comm.Exp.Apr. 16, 1991 t • -2- STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) SS. On / / , 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared BETTY HENDRIX, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the. within instrument and acknowledged tome that she executed the same. WITNESS my hand and official seal. OFFICIAL SEAL JAN M. BAILEY I o cJ Notary Public-California i Principal Office In ARY PUBLIC ` San Luis Obispo County Ito a«-• My Comm. Exp.Apr. 16, 1991 S �' COUNTY OF SAN LUIS OBISPO ) SS. On X6 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared JERRY FREDERICKS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. and official seal. OFFICIAL SEAL j JAN M. BAILEY 2 o°o Notary Public-California j j : o Principal Office In4NY PU IC San Luis Obispo County ca Roa«• My Comm.Exp.Apr. 16, 1991 STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) SS. On , 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared DARLENE FREDERICKS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. WITNESS my hand and official seal. i Y PUBLIC OFFICIAL SEAL j " JAN M. BAILEY I o d Notary Public-California j o Principal Office In j w ' San Luis Obispo County C, RQp«• My Comm. Exp.Apr. 16, 1991 -3- • 'CL IW C7 wn �• u •� � N O o -i U r b !�•� � 0 ,=3..r tWl1 Cll OfV �O .p V N• o', Q) n A O C d O O w C) < O A Aftti►�r rr_.w• �ara.rlr � =3 (D3H � Y7 ZYd Yl ''�• _ _ w ~ ✓ ... R) UQ R) C Ln ' U ca U y a V a m z `- D , : _ L D ` c7 dt = c 0 N „ �6•[7rnr _- V1NVS _ 1 0 f• N r N N n N � v W ~ 0 Acoy a r Co C�1 .I •`� 4...,. .1. ..�. M . M7c.. i �� .... �tilw V. ..... �'/ �\� .� .19�• f !t�M�j�]y�)�����lA:\ low ' is ATASCAbERd° CITY `CGS L MINUTES APRI4 1e, 1 e f the rregula►r 'meeting of the Ati'w stcader-o Cif�'� �or�hct1 Ballad �to, -o'rder at', � 7z35- . p �m. , � �cr,Ilo ` ' �b'sr -t r'P�Lee �►t d�" Allegiance t: R ;ALL �f ' r Pres *nt« Cc u'9C 1 lmambers Borgsort, .e rb a t a Abaertt:� Non' ' Y � .. ItStaff Presents Mike Shelton, -CitMg Svcs ' Dir. Henry .ur .rger , U 40 -Sensibaugh, Pub. 'off or Atty. k3tnd McHale, Pt licar Chi fj 8 ? -t City Clerk;, Cinder Wilkins, , Dep. City Ej r � r Mayor Norio is, commented on unmet transit , needs anOL N -p", set 4 <1l; sheets of petitions' from,-Atasci4dero. senior ci'tfszens increased t 'v ning & weekend) !D.A R. ser�vicos. #rj� b Pub. 4ks: Fair=., ccammn ted on the C~ a ascii of Gcv t t ...dLy i fr:tr^ discussion of unmet tr,4nsit y-needs; he'-, w-i I I ' ,atte r" t add it:2o al,. f6fosr at ion` ct. C�runc,�l �b +�s�� td. ri m ran the sub4 schedule and ublicize special ,dar time i eatin t tr i a Natter►#> fordiscussion. of ;this subjec,t.,; , .Ca�uncilwpma�n Mackey announced "C'leah' �ljp ;;�ay��F � � �I�°��sl<<:IgS Interested c i t it-ens, re to meet e the 1D 00 o a -m. 'i.f they' re ableto help, 'donate 'a nt1s,;40'r cf�rr� ney< Etat plants. She also'-ask that cit.i'zens take' ncrtl � of tth l,atrgv` oaks which have been p Iantd, ,,, or* the `San . �.aeo, of '' bgr QorOpn _Davits. re Counc i l'woma n Horgeson ques;�ted Co+;tne i I ��an��.n us s a�ff to address 'a rcondominium coni vtfsion Ord,inA concurrc3, t,d d i scuss th i sr► at the Qils }: meeting; rlretentations�-of the followings '87 F7ahati r Plaque to Cit 'from Uniteed Wa R PrdcI maticrn: April 1«Feet "Barber'Sh-Qp Harmony tt1+ N 1 ' a � f \ 1 J v J ii r Plaques of Apprec iatican t cseltge versg Planry hg Ce i ion, ear Mi l r'ed Cqp last 4Auqust 486 , — March * -} - PLi que of' Ap#re i=�..t'iohe,',tLt. i Chuck 44z* t n "6, ,�r�,r v departure fre�rn City eaep e�ymerst (May 80 -- April .. 'Pi. cIarkati0n'c Apra 4/47 -4f2 , ,'.N4tion-AI Libr4r' imi T 'FA W.EaRT&` City 'r e e i coii " Ce�um!lw€�man Mac eay reported d tht # v rc e - ing ae t .tif ce ncei?", ns; f' t +e.,r City/ eh of Coffi �ittee� acrd `, Ave. it ez+ ' Sub3e tx aew&ra'1 t:OM Unity orc,� r►`iZ-At t rrsr'sat �r' = " re aee'rst yrs ' reer rst' alking'`t+� to cels a4eer. the" �► t lde+ati0, for a postsib Ie Le wi s A,ve,#' f0 t iridga» + 1' t^ ,t . ... F a dr: N rrf s wor, godr: -. tea r-view ,the County -Praft Haza'etdous (and Solid ,,*aatorte lR��e�rr in, the public } ibrary. Barbara *i ter, 10150 San Marcas, requested �eruric1 e,: r chane iikg the roe a,tf n-;-of the. terms :of Plannin ,s. a.11o fear. , ' > contiirsu ty- df.,at lerast -fiver efie r`w iors, 7�1� � r3 l la, regarding e�p��a�n�rtg: �'i�>�di g Germ Mission, pOpintffiers.t . . ou�a,'. ewed C�aumi t'� a�3.e � ' a ' wh hay, the :: at first r .tom of the, community An hd,,, notir a al. Propria :;1' ale ' ►rqvctt; i ne Atae. �k Pauv.:;f+* an*.. resident, e* uested CoUne f 1 con: id`or'atiop, `"�f hitw �0 p1ie: trt` te ::t +* at!^egh sub nT., it .late. =:Y; brge ras n pity .'A:tty noted.Counic l fins dig reti�rs to ei,t , id�r thy, atop lnf�r'eR tid' ad1i,r ,t�r :pr .� : Glon Lowis, 1,0765` Vista,' ow,b ha If df hi n ighix rir�q re e t� "r tae Caearsci l< a nwie r° f i andel support Oe ; ai a"t t k i mei rite raa re*e of r Ads,`in, „the 3�F ' Meadows area' in vie sl �j ccmirsgr proje ct ther lr : ,tngen, ”. Cpmmiurr;» -,Was requ Fte' td report' further~. `at a later da:te3` 7err',� t.irith" m, 10755 lista, seconded the' a OAU04: is e�f` t * � pry;; viouu'% "Olialk°r', expressing ttvat it s4 - unfair the exp ee t ., t se ,, re sieJ�t tc ' aairrta r roads that ' it a 'r Csu e Nt Area =mac t-= 'beh i nd ° Rita trefsana , l0625 .. 1i' ta . � rw& ar tt�, tip vica .we spaker , nut , �sccss rr'cncrrse dues. tc . fire h� da`a cari ern's ree r.diree rcaaei ma' ie ersanc i*ca t' " Ter'r i l Grxa#sata, 6Q5 Cone °` ced' t�at Ccrurec i i4 cir ie #eA re stir,a,i'nktr�, ";Ylanning Cese�sr� ssioner' M�atc#se�l "fr care vati� � mattra r'elativ c+ the pre�lia erat`iors of` reirt 'rsces, orp' tl : replacing him, expressing concern regarding possible conflicts of interest . George Luna, 10600 San Marcos, expressed comments similar to those above regarding 3-F Meadows road maintenance. Melanie Billig , former Mayor of S.L.O. , commented on the diffi- culties of planned growth due to the uncertainties of develop- ment in the unincorporated areas of the County; she urged that the City encourage the County to adopt a growth management program. Mr . Sensibaugh responded to road maintenance concerns expressed by residents in the 3-F Meadows area, and he urged that property owners unite and staff will meet with them for discussion of possible maintenance distr-ict (s ) , or other possible solutions. He indicated that , normally, a petition of 60% of the property owners is required to legitimize such a request and begin nec- essary proceedings. Hirschel Kopp , 10455 San Marcos, indicated he ' s in the process of preparing a petition of interest for a street maintenance district in 3-F Meadows, and he asked that no additional City- maintained streets be used for ingress and egress through San Marcos in the interim. Terril Graham asked what the City ' s road maintenance parameters are; Mr . Sensibaugh summarized the City ' s road maintenance policies and general schedule. A. CONSENT CALENDAR 1 . Approval of the March 22, 1988 Regular Council Minutes 2. Approval of TTM 1-88 - Conversion of two existing multi- family complexes into 13 air space condominiums and one common lot - Montanaro/North Coast Engineers 3. Approval of TPM 2-88 - 10705 Santa Ana Rd. (Lot 10, Blk. 27) - Proposal to subdivide 8.28 ac . into two parcels of 4. 14 ac. each - Dohan/Twin Cities Engineering 4. Authorization to solicit bids - Atas. Lake Improvement Proj . 5. Res. 31-88 - Designating a stop sign intersection on Flores Ave. at Los Gatos Ave. 6. Approval of Res. 30-88 - Reduction of speed on a portion of San Gabriel Rd. within the boundaries of San Gabriel School • property 3 7. Denial of claim by Evani - Lupinek - Personal injury in the amount of $1 million 8. Res. 32-88 - Authorization to file claims for Local Transp. and State Transit Assistance Funds for FY 1988/89 9. City surplus vehicles: A. Accept two high bids received for D.A.R. vehicles: 1979 Dodge van - $1 ,500 - Paul Torba 1981 Chev. van - $10300 - Paul Torba H. Reject two high bids received for two automobiles ( 1981 Chev. Impala - $367.50 & 1980 Ford LTD - $200) and authorize staff to present the two autos plus two others that did not receive bids ( 1985 Ford LTD- wrecked - & 1980 Ford LTD) to an auction outlet 10. Accept bid received on 1961 Van Pelt fire truck - $6, 165- Thomas Gouff . 11 . Conceptual approval to locate the County Air Pollution Monitoring Station at Fire Stn. #1 12. Proclamation - Acknowledging April 1988 as "CA Earthquake Preparedness Month" 13. Proclamation - Acknowledging April 1988 as "Child Abuse Protection Month" 14. Proclamation - Acknowledging April 18-22, 1988 as "Register and Vote Week" 15. Proclamation Acknowledging April as "Prevent a Litter Month" Elaine Oglesby requested explanation of the intent of Item #5; Councilwoman Mackey explained that an additional stop sign is being installed . Roy Strong asked that Council approve Item 9-8 and not reject bids received ; Councilwoman Mackey pulled Item 9-8 for discus- sion. Motion: By Councilwoman Borgeson to adopt the Consent Calendar , excluding Item 9, seconded by Council- man Bourbeau ; passed unanimously by roll call . Re: Item 9: Councilwoman Mackey expressed that Council should adopt a policy addressing bids on surplus items received from City employees, and she requested public input ; discussion ensued . Council concurred to bring this issue back for future discussion. 4 Motion: By Councilwoman Mackey to accept the two high bids on Item 9-A, seconded by Councilman Bourbeau; passed unanimously by roll call . Additional Council discussion regarding Item 9-B followed . Motion: By Councilman Bourbeau to adopt staff recommenda- tion to reject the two high bids on Item 9-8 and direct staff to readvertise for bids (on all four vehicles) after a policy regarding City employees is in place, seconded by Councilman Handshy; passed unanimously by roll call . COUNCIL RECESSED FOR A BREAK AT 9:05 P.M. AND MEETING WAS CALLED BACK TO ORDER AT 9: 15 P.M. B. PUBLIC HEARINGS .1 . Appeal of business license rejection - Sherry Fair - 9745 Atascadero Ave. Mr . Engen, Commun. Devel . Dir . , gave staff report recommending denial of this appeal . Public Comment Sherry Fair , appellant , spoke in support of this appeal . Council discussion ensued . Mr . Jorgensen, City Atty. , clarified the concerns of the Community Devel . Dept . relate to the poten- tial for a fully commercial operation in a residential area, and he reviewed the alternatives before Council . Noting that he concurs with Mr . Engen ' s interpretation that the intent of the language in Para. (e) ( 1 ) was not to include beauty salons , he added that the ultimate interpreter of the Zoning Ord . is Coun- cil . Doug Lewis , resident , feels the City needs to clearly address "cottage industries" on a larger scale at the ordinance level . Robert Nimmo , 7375 Bella Vista, urged that Council proceed cau- tiously with the precedent which might be set with this decision, expressing concern for possible encouragement of business people to leave the downtown area and open up in residential areas ; this would be against the objectives of Atascadero 2000 and various other groups. Elaine Oglesby, resident , expressed that , although she doesn ' t • personally know Mrs . Fair , she sympathizes with her cause and spoke in support of her effort as long as it isn ' t disturbing to the residential area. 5 Bernice Haysbrook , 7655 Balboa, expressed support of staff ' s recommendation for denial and in support of current ordinance language. Sarah Gronstrand , resident , feels denial should not be based on downtown business people ' s objection. Motion: By Councilwoman Mackey to grant this appeal and refer this matter to staff to work with Mrs . Fair to enable her to obtain her business license, seconded by Councilwoman Borgeson; passed unani- mously by roll call . Mr . Jorgensen clarified that the intent of the motion is to find limited beauty salon services tone person operators) as being "office-type personal services" , which would qualify for a home-occupation permit . 2. Appeal of Lewis Ave. Bridge Fee interest requirement - Dr. Anderson Mr . Sensibaugh , Pub . Wks. Dir . , gave staff report . Mr . Jorgen- sen, City Atty. , noted that , in addition to the City' s ordinance, the Govt . Code provisions concerning development fees make no requirement for the reimbursement of interest earned on such fees; the fees must be placed into a fund , the interest account- ed for and spent on the project for which the fee was raised . Public Comment John Anderson, appellant , spoke in support of this appeal . Council discussion ensued . Motion: By Councilman Handshy to accept staff recommenda- tion to make no change in the existing development ordinance with respect to collection of money and to make no reimbursement , denying this appeal , seconded by Councilman Bourbeau; passed by 4 : 1 roll call , with Mayor Norris opposed . 3. Status report on Building Permit #1250 - 7150 Serena - Irene Bishop Mr . Engen, Commun. Devel . Dir . , gave staff report followed by Council discussion. • 6 Public Comment Irene Bishop , applicant , spoke in support of her request to proceed 'with building under Permit #1250, and she responded to questions from Council relative to her correspondence with the Commun. Devel . Dept . on this matter . Chris Iverson, spoke as a witness in support of Ms. Bishop ' s request , urging Council ' s consideration. Mr . Jorgensen, City Atty. , noted he would be prepared to defend the City ' s position either way the Council determined on this issue, adding that this is a unique situation and that he doesn ' t feel it ' s precedent-setting . Motion: By Councilman Bourbeau that it is Council ' s deter- mination that Bldg . Permit #1250 is still valid , seconded by Councilwoman Borgeson; passed unani- mously by roll call . 4. Zone Change 2-88 - Proposing that large scale non-residen- tial and multiple-family projects be reviewed through the Conditional Use Permit process - Initiated by the City of Atascadero A. Public Hearing B. Ord. 170 - Amendment to the Zoning Ordinance regarding the level of review required for certain large scale Projects (FIRST READING) Mr . Engen, Commun. Devel . Dir . , gave staff report . There was no public comment . Motion: By Councilman Bourbeau to read Ord . 170 by title only, seconded by Councilwoman Mackey; passed unanimously. Mayor Norris read Ord . 170 by title. Motion: By Councilwoman Mackey that this constitutes the first reading of Ord . 170, seconded by Council- woman Borgeson; passed unanimously by roll call . C. UNFINISHED BUSINESS 1 . Proposed City Tree Ordinance A. Ord. 166 - Amendment of the City Zoning Ordinance Text relative to tree protection - initiated by the City of Atascadero - (SECOND AND FINAL READING) (Cont 'd from 11/10/87& 3/22/88) 7 • H , Res. 33-68 - Approval of a list of certified arborists authorized to prepare tree protection plans in Atasca- ___ _ dero. per Ord. 168 Mr . Engen, Commun. Devel . Dir . , gave staff repor-t , recommending a two-week contin�.__. ice to allow review of a prc_osed amendment to the language in Subsection (b ) to Exh . A to delete the ISA- certified arborist requirement at this time, due to the few number of individuals who would qualify. Public Comment Mark Tonneson, resident and a certified arborist , spoke in support of requiring approval of plans by a certified arborist . Steve LaSalle, Tree Committee Member , spoke in opposition to further delays in approving this ordinance, feels it should be adopted as it is currently written and , perhaps, amended after a . six-month period if a problem exists. Robert Nimmo , resident , expressed that the public should note that (assuming the 3 arborists employed by the City of S.L.O. are occupied by the duties there) there are two certified arborists in S.L.O. County: 1 in Arroyo Grande and 1 in Paso Robles. Jim Dulitz , 1300 Garcia, requested that the Tree Management section be completed and added to the ordinance. Fred Frank , a tree farmer and professional forester , seconded the comments of the previous speaker. Doug Lewis expressed several various concerns relative to unspecific areas of the proposed ordinance; he asked for clari- fication of the fee structure. Mr . Engen and Mr . Jorgensen responded to his questions related to tree removal fees and penalties for illegal tree removals , referencing Chap . 3 of the Muni . Code which addresses misdemeanors. Discussion by Council and staff ensued . Bill Whitecamp , Arroyo Grande resident and a farm advisor in the County, spoke in support of the inclusion of a tree management plan in the ordinance for parcels of 3 or more acres. Bill Teachie, S.L.O. resident employed by U of C Extension in a program called The Integrated Hardwood Range Management Program ( which is an education and research program aimed at protecting , managing and enhancing the oak resource) , spoke in support of a tree management plan, feeling this would provide a good precedent for other rural woodland areas . 8 Lengthy Council discussion ensued. Motion: By Councilman Bourbeau to continue the meeting past 11 :00 p .m. , seconded by Councilwoman Borge- son; passed 4: 1 , with Councilman Handshy opposed . Motion: By Councilwoman Borgeson to read Ord . 168 by title only, excluding proposed text amendment as noted by Mr . Engen, seconded by Councilwoman Mackey; passed unanimously. . Mayor Norris read Ord . 168 by title. Motion: By Councilwoman Mackey that this constitutes the second reading and adoption of Ord . 168, seconded by Councilwoman Borgeson; passed by 4: 1 roll call , with Councilman Bourbeau opposed . Motion: By Councilwoman Borgeson to approve Res. 33-88, seconded by Councilwoman Mackey; passed unanimous- ly by roll call . Mr . Jorgensen, City Atty. , clarified that the resolution approves the list marked received April 11 , 1988, submitted separately from the agenda packet . • 2. Ord. 167 - Amendment of Zoning Ordinance text relative to freeway identification signs and pole mounted signs- (SECOND AND FINAL READING) (cont 'd from 3/22/88) Mr . Engen, Commun. Devel . Dir . , gave staff report . There was no public comment . Motion: By Councilman Bourbeau to read Ord . 167 by title only, seconded by Councilwoman Borgeson; passed unanimously. Mayor Norris read Ord . 167 by title. Motion: By Councilman Bourbeau that this constitutes the second reading and adoption of Ord . 167, seconded by Councilwoman Borgeson; passed by 3:2 roll call , with Councilman Handshy and Mayor Norris opposed . 3. Proposed Police Facility Purchase Agreement (Bend 's) (cont 'd from 1/12/88 & 3/22/88) A. Res. 29-88 - Authorizing the City to enter into a purchase agmt. and escrow instructions for the acquisi— tion of 5505 E1 Camino Real , Atascadero, for use as a police facility Mr . Jorgensen, City Atty. , gave staff report . There was no pub- lic comment . 9 Motion: By Councilwoman Borgeson to approve Res. 29-88, seconded by Councilman Bourbeau; passed by 4 : 1 roll call , with Councilman Handshy opposed . 4. Proposed Criterium Bicycle Race - Cost estimate for provision of law enforcement and Public Works services (cont 'd from 3/22/88) Chief McHale, APD, gave staff report . Council discussion touched on liability concerns. Public Comment Maggie Rice, Chamber of Commerce, relayed that a race organizer indicated to' her that CalTrans has OK ' d this event , and she en- couraged Council to support funding incentives for it . Motion: By Councilwoman Borgeson that Council underwrite Police and Public Works services to a maximum of $500 from Council contingency funds, seconded by Councilman Bourbeau; passed unanimously by roll calf. Council concurred to request that staff address promotion of special events in next year ' s budget process. D. NEW BUSINESS 1 . Request to consider renewal of Ord. 107 by the Atas. School Dist. - Authority to levy school facility fees Mr . Engen, Commun. Devel . Dir . , gave staff report . There was no public comment . Motion: By Councilman Handshy to adopt staff recommenda- tion to set � April 26 1988 as the date of the first hearing to consider an amendment to Ord . 107 to add three more years to the sunset clause (Sec . 4 ) , seconded by Councilman Bourbeau ; passed unan- imously by roll call . 2. Authorization to solicit proposals for auditor services_ Mr . Bramble, Int . Adm. Svcs . Dir . , gave staff report . Mr . Sibbach , City Treasurer , suggested there be a public member on the proposed Audit Screening Committee, and he responded to questions from Council . Related discussion ensued , and there was • no public comment . 10 Motion: By Councilwoman Mackey to adopt staff recommenda- tions A, B, D & E (with Screening Committee to consist of 2 Councilmembers, the City Treasurer , Dir . of Admin. Svcs and 1 public member ) , seconded by Councilman Handshy; passed unanimously by roll call . 3. Request by Randy Ryberg, Paloma Creek Park concessionaire, to waive a portion of the business license requirement Chief McHale, APD, gave staff report . He noted that the re- quired background check is expected to be received shortly from the Dept . of Justice; if it is not received by the next Council meeting , he suggested that this item be reconsidered at that time. There was no public comment . Motion: By Councilman Handshy to table this item until the next regular Council meeting , seconded by Council- woman Mackey; passed unanimously. E. INDIVIDUAL DETERMINATION City Council_ - Discussion regarding length of Council Meetings (Borgeson) Continued to the next regular meeting at the beginning of the agenda. MEETING ADJOURNED AT 12:05 P.M. TO: APRIL 13, 1988 AT 7:00 P.M. IN THE ADMINISTRATION BUILDING, FOURTH FLOOR ROTUNDA ROOM, FOR A SPECIAL OPEN COUNCIL SES- SION REGARDING PLANNING COMMISSION VACANCY INTERVIEWS; APRIL 18, 1988 AT 4:45 P.M. IN THE ADMINISTRATION BUILDING, FOURTH FLOOR ROTUNDA ROOM, FOR A SPECIAL CLOSED COUNCIL SESSION REGARDING INTERIM CITY MANAGER POSITION INTERVIEWS MINUTES RECORDED BY: BOYD C. SHARITZ, City Clerk PREPARED BY: CINDY WILKINS, Dep . City Clerk 11 t - f CITY OF ATASCADERO CASE ACTIVITY/ SUMMARY r FOR THE MONTH OFMARCB, 198$ BEGINNING CASH RESOURCES 3,193,793. 52 ADD: RECEIPTS 535,002.31 - �FUND TRANSFERS ' 46,862.75 INVESTMENTS REDEEMED 189,000.00 LESS: DISBURSEMENTS 52`4,757.82 r FUND TRANSFERS 90,000.00 JNVESTMENTS 14ADE 99,000.00 ENDING CASH -RESOURCES 3,2-50r900676 t SCHEDULE OF "CASB RESOURCES Int. Dui AS OF MARCH 3.lr 1988 Rate Bate ` Checking Account: I Mid-States Bank 20:0,937.84 : k. Certificates of De sit: � I Cal America Savings 99,000.00 7;50 09,113 `88 Beverly Bills Savings 99,000.00 7.25 10/ lr/88 , American Diversified 99,1100 00 7:75 Butterfield Savings 99,Ot}0.00 8 8fl 05/'17;x, 8" ` First. Cal. Savings 99,000.U0 "' ' 8.75 '06,/ /88_� Gateway Savings . 99,000'.00 ' 8,75 08/1.�,,�8 " ` Farmers Savings 99,00AD.00 9.15 07/11/88 , Other Investments: j Bankers" Accegt�"-Wells Fargo 486,422.92 7.35 " --04/1&/-88 Local Agency Inv. Fund 1,870,000"000 - 8.05 NfA I Other; CashResources: Petty Casa 540.00 TOTAL CASH RESOURCES 3,250,900.76 ' Gere Sibbach City Treasurer yam+ � ¢ } CITY OF ATASCADERO t SCHEDULE OF CASH RECEIPTS AND. TRANSFERS, IN FOR THE MONTH QF" MA M, 1988 5 i CASH -RECEIPTS: Taxes: Property Tax 20,201.76r Sakes, Tax 197, 4 . 3 ; Franchise Tax Livestock-Read Day Tax 73.08 Motor Vehicle Ip-Lieu Cigarette Tat ,' ,.' . .. Development Impact_ 'Tac '16 sr 01.06 � ,k Other Receipts: Licenses/Permits/Fees41, 35.6. x Fines,/penalties/Overage.5 l';, ,s Police Reimbursements , . + Zoo Reserve Fund ` Parks andRecreation Fees Investment Earnings 4,318.61 Gas Tax 49r10 .6 Traffic Safety 5,4.83.12 Local Transportation 2, 3 Jli, Development Fees 21,104*36 Zoo Receipts �. Assessment D1.strict #4 4r231.37 Rents/Concessions 15, 3 Sales--Maps;/Publications,/Reports Special 'Police Services 96010 Weed Abatement 7961-.47 Candidates Statements 1,400.,00 Miscellaneous 2,.8 7 0,0,0 '.Str,eet Aagessments 4684.56. , TOTAL CASH RECEIPTS 529,04321 M FUND TRANSFERS IN: Sanitation` Fund Reimbursement 46,862.75 TOTAL FUND TRANSFERS IN' 46,862.75 OTHER CASH,;RECEIPTSi Performance Bond 6d4pRpp Reimbursement to Expense 2,935.63 Bail./Bonds '170.00 Refunds 2253: TOTAL 'OTHER CASH RECEIPTS 5,959.10 TASCIUAW x U -Account si Paki�li War ant, ;ttof"40 1071i 51 013'jt ifl} t "1urit Pty ► 03/1 YQItyzl '@ '' to 'Y3,�133.�:3 .4 ; �{) - �$ " At.'GtT�t Pay*b � � t 4 ,� ' r / .a.Vii. 'g ens vio *y dll 'C ,, .#41934' TITs TOITAL 13 066 vo i"Check 9 is ..Check 39{/90 3 �.�t -�Yar�oq� d' - + r sgksr` #40011, y4A 011 � +r- .- 'Chec �, Vow ..rho k - 39 6t t' _ 1 ��` �� ` �� ��z ��� moi. I ! �"�e,�` •; � '�-t '�`- �^� � TOrAti-iDTSsUP.4EMxWIrS' 23-1 757, a or��t ►r t� ,d ejt0 in the- 'f } regi ter,: x trcurat and" jos that � .+ ire u d 4 it he 3n the City, ' ea► c y.' T44 � � � dot�►i r.-on �, �� 1tt a ie avai ',I °your' iow ' iJTthe,� ► t i .� 151 - .t; BRAMBLE t l r ffw r r g r wr KA, MO. RA-.XD_U14 } d'r TQa Cit Council pri 6`rx VIA: Paul SensIbaugh, Acting City Massager FROM: Henry gingen, Community Development Airedtor ,�. SUBJE ' TWMATIV. Z TRAM 313AP 2-87 t �f LOCATXON: 938,5 Vista Bonita - / f $ APPLICANT: Robert and, Patricia` Fdimmo (Mica , REQUEST'.: , Tn medi f y the resubdivision of 8 ekist.ing lis { . totaling 6.9$ acres into 8 <1*;4 i,ityi* 4`inSite frc�m, ' 820 to, '6;75q square -'f€�4t a,nd,, �P 0` i..,4Paoef of 5.33 acres, to revise approved triad;; . BACXGROUND: , At- their April 5, 1988 meeting' they . Atascas+ `oIal ' +Ce► ission conducted a, pudic hearing on this recon ides ti.on y.. of at previously, aPproved map. On a ; 6:0 vote`, the iia e� approved the request subject to the findin" : con4 ti'n .- cottained in, the`attached staff report there a ss n `' public testimony given . =as, reflected in ,th zy at G2 ut - excerpts RECO RNDATION: } Approval of Tentative Traot Map 2-87 (recohsi roti . o .r,:,thi Planning Commios On!s recommendation :PS Attachments: Staff Report - April. 5 1888 Minutes ;Excerpt April 19 8 cc: ' Robert -and Patricia Nimmo - Michaei ,Yeomans ti p 1. 4 � t" . q �' ' r ' ,; � '' '" `/' r '- z r . � ( lr s ,' �' �, $ �YK,: f r �, s. �. �"" t 7 Vi* +s. ria , 17 a .1 r a 3 r r 1 3 k C X k''L' E _ d ,+ a x l 1 } .. .r 1 `, y i 4 k, xts ti � 1 'f tAlio , �. t,�+,rL I t-, '!'+�iFa x +'4 LIA +!,� �t t + � a m. hj,`� , 4 a 1,I Ff ` ; 3 � gi,..# pN di .�, �' .�" .,E" 't i�ti/ k� a ti � f "r� �x^ms s x#', t � t f i '1 F �.. t .: F ''y ,",�;� x �1-" s f �. .t 1 "` d of ,� J, t s- },11-1 I +' µ ' � 4, �� } G', t (yj k t y ,.. 5 ,% tm5 � ' � -;� a I � � y"k § "M1'.F` Y�'i'".S 7' �' 7�� .F1*4 Y-A=7�- h y � * '`�S Yak 41 i�` Ay �"YF i q",Tyi 11 �t".s�, p"ur{ ,q� & + ,.xa). { k\ ,yMrr iii '{J a.* ;l{{ �yN + d��f ��i.'ia f'-" ^'; 11 '), 1 ,A"� SGB b ,"i f , � .i i '. ? ��a 4 'try * f f \ A 't 4 ki'F�fy °} a +f� u '_,�,,; iS� L r, ' c. 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I p' f �'�T 1 �=r f�' z Tib a' a �_ r11 I.t w� r�4w `s rr ar s Irl+,i i� r �, �� r a f., ,;11 G A� , A� f, � i; { ", �1 k ' ' t, "? f _Y 1 fi i' e ,a ,, ',�1, , , !J' v. ,r + �" ,° �. y r �, j �y y }> # k. } _ ,,- tf l y, +?,�+ '+ �!,: ,�g''f°�, �` r l l ',�11 bo I � fes± + ,6 '010.tJ� A : f i;r w^tr Y' 1 i. �r t.. 1L rI .' �kr* l � ". ��`� j��1 Y ' 1.:t .r V, x' L�\&'; F xh f,YY' C I .1 � lr'.' A � fit" � { 99� s � "i �. ty �, x i J A c*x ` '� ". 11 11� _ _ < �' , A , t, .5'a 'k > 'tip f , t ` i I ,r, _`I, I .ui ,-i r t a i . �. 4 +,' € 4 l !' �� $. JJ ` ks � j � rit i , � e c �,t �tN , / t ,p:xr� A c +t a i _ t , ' gypz l i 1r1 ` ,,,r +'' ,n:.v ' "> '�kr 5 ., �, �u. .,. z,. _ .. .a... k, .�. a, y, ..." I , . -. Bat,.. 'LIAL ..gym- ,', vk�i ! • Bonita by a private road currently designated as Trifon Garcia Road. The site is located in the RSF-Z (Residential Single Family) zone. Minimum lot size in this zone ranges between 1.5 and 2.5 acres depending on the "score" of the various performance standards. No new lots are being created for residential development so the minimum lot size would not apply due to the nonconforming status of the lots. The site also has a PD-7 overlay as a part of its zoning. The overlay sets a specific conceptual plan for the development of the site. The applicant is now proposing to shift the development area to the west. This move will relocate the residential units - approximately 180 ' - 0" and the improvements approximately 100 '- 0" across the face of the hill. The design will also be changed in that the previously approved turn around will now be located between two residential units as opposed to being at the end of the units. Also added is an access to the golf course. Staff reviewed the redesign and found that the new proposal did not conform to the approved tentative map. The plan conforms to the approved conceptual plan for the Planned Development overlay, however the Planning Commission is only reviewing a revision to the Tentative Map and not the zoning, unless the Planning Commission finds that the shift does not conform to the approved overlay. Comments were received from several outside agencies. Our Fire Department noted no change in the previously approved conditions. The State Department of Transportation has noted no problem with the proposal. The Southern California Gas Company has again noted that the site can be served by an existing 2 inch main in E1 Bordo If additional gas mains are installed, they will need to be within the Public Right-of-Way or within approved easements. Public Works presently reviewing the improvement plans for the development and indicates no problems with the revised project. They have, however recommended some minor revisions to the approved conditions. The County has reached a conceptual approval with the developer on the sewer, and the pedestrian access to the golf course. At the time of the prior consideration staff noted a problem with the approval of Trifon Garcia as a road name. Staff still recommends the revision of the street name. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Tract Map 2- 87 based on the previous Findings in Exhibit C and Revised Conditions of Approval in Exhibit D and revising the approved street name. 2 ATTACHMENTS: Exhibit A - Location Map Exhibit B — Tentative Map Exhibit C - Findings for Approval Exhibit D - Conditions of Approval Exhibit E - Prior Staff Report Exhibit F - Project comparison JM/jm 3 EXHIBIT A - LOCATION MAP 1� CITY F Tentative Tract Map 2-87 O ATASCADERO Vista Bonita 197s� Nimmo/Yeomans COMMUNITY DEVELOPMENT Reconsideration of Map DEPARTMENT SITE: Vista Bonita TTM 2-87 Vista Bonita Nimmo/Yeomans Reconsideation - R F,Z J E�1Cr MF-4 6) E , � �_�_ \1 El I vai • \ _ J{ 46Q � ba _ W t� E< 1 o a\� • �y0� a Sitio • ��, I a� �, CR a CT C -� T a CS ' CR i aro j v O R-S 'fVF I N � • EXHIBIT B TENTATIVE MAP Tentative Tract Map 2-87 � �4'` CITY OF ATASCADERO Vista Bonita � I � : Nimmo/Yeomans EIC ,E 1978-- COMMUNITY DEVELOPMENT Reconsideration of Ma DEPARTMENT \tip I;ltz � --"o�.�� 'yes s� ��or�`" �• �.�} A{.✓r�.�_�r r���� �� �1 � �` wr r � 9 1 a'S +7'N7ef�, ,a2., "gs rt � \•�2[�� �' r v'1 OPEN SPACC__•— �"T�—`�tai*- ti. X1\.1\'j(��Yi �`5.•-�! VICINI rY HAP Ni'4 7 e-�� ns3r eo��T• a r C` r €pIt, I I ' �1 S OWNER'S CERTIFICATE 1 .� � ,z;:�• � :�._,�� IIP � 'i ,',:,I„j����' �! I� X-V l „�^y t�;., ENGINEER'S CERTIFICATE _ / /./ J %i � r r .!, � � ..u.. .�.. ,•.AAAA. drr j REVISED TENTATIVE MAP TYPICAL SECTIOW.. Ttl1.M Gael• / ^! '/�''` %;/% r,`�(S+"• - TRACT 1488 ,e Nria•er rr.M r rwrgAt„ E.1.11.g LW. •' Ofe..Ar.• 6.97 A0. OPen 0— 5.33 A.. cc AL COAST EHGTNEEHINq r[ CAI. �w4 heHebO W. i P.OEI.S W. 1.10 A.. EXHIBIT C TENTATIVE MAP TENTATIVE TRACT MAP 2--87 VISTA BONITA NIMMO/YEOMANS RECONSIDERATION OF MAP FINDINGS: 1. The creation of these parcels conforms to the City' s Zoning Ordi- nance and the General Plan, Land Use Element and policies. 2. The creation of these parcels, in conformance with the recommended conditions of approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development that is proposed. 4. The site is physically suitable for the density of development that is proposed. 5. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and- avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision and the type of improvement will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or that substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to methods of handling and discharge of waste. 4 i +! EXHIBIT D - Tentative Tract Map 2-87 Reconsideration Conditions of Approval April 15 , 1988 CONDITIONS OF APPROVAL: 1 . The applicant shall annex to the sewer district and pay fees in effect at the time of annexation prior to recording the final map. All other sewer fees in effect shall be paid at the time of issuance of connection permits . a. Waste water disposal shall be connected to the public sewer. b. Obtain a sewer connection permit from the Public Works Department prior to hooking up to public sewer. 2 . Improvement plans prepared by a registered civil engineer must be submitted to and approved by the Community Development, Fire and Public Works Departments prior to recording the final map. Road improvement plans shall include Vista Bonita and the private road. a. Construction of road improvements shall be completed (or bonded for ) prior to recording final map. b. Construct Atascadero City standard cul-de-sac or turnaround as approved by the Fire Department. C . Upon approval by the Director of Public Works , the property owner( s) may enter into a deferral agreement for the construction of Vista Bonita Westerly of intersection of private road. d. Prior to approval of the improvement plans by the Director of Public Works, either the Subdivider shall acquire sufficient title or interest in the off-site land to allow the improvements to be made as required by these conditions; or the City Council, upon request by and at the expense of the subdivider, shall have made all appropriate finding and adopted a Resolution of Necessity as required by law so that the City may exercise its power of Eminent Domain. e. Submit proof, as required by the Department of Public Works, that access roads are constructed within their legal easements . f . Fire hydrants shall be installed at the intersection of Vista Bonita and the private road and opposite the property line between Lots 4 and 5 along private road. Exact design and location to be approved by the Fire Department . g. Water main design shall be reviewed by the Fire Department and pressure booster pump may be required if water pressure is found to be inadequate for fire protection. h. If road improvements designs require the relocation of 16" water main, the cost shall be paid by the developer. Relocation of all utilities which conflict with proposed improvement, shall be at the expense of the developer. i . Access road shall not exceed 200. j . All utilities serving this site and the lots shall be underground. 3 . A 610" Public Utility Easement shall be provided on all private property perimeters within the tract. a. Encroachment Permits are requiredprior to doing any work within the public right-of-way. 4 . Grading & drainage plans prepared by a Registered Civil Engineer must be submitted to and approved by the Department of Public Works and the Community Development Department prior to recording final map. a. Secure a drainage acceptance letter from the County stating that they reviewed the Drainage Plan and find it acceptable prior to the recording of final map or issuance of a building permit. b. Drainage Facilities shall be constructed to City of Atascadero Standards . C . All drainage work shall be completed (or bonded for) prior to recording final map. 5 . Prior to recording the final map, a soil investigation ( as required by the Map Act) shall be submitted, recommending corrective action which will prevent structural damage to each structure proposed to be constructed in the area where soil problems exist, as indicated in the Preliminary Soil Report dated November 1986 and any revisions. The date of such reports, the name of the engineer making the report, and the location where the reports are on file shall be noted on the final map. 6 . Offer for Dedication to the public of the required Public Utilities easements . 2 7 . Offers of dedication shall be completed and recorded prior to or simultaneous to recording final map. 8 . All grading and erosion control measures shall be designed by a registered Civil Engineer and constructed in accordance with the City of Atascadero grading codes and standards . Prior to final building inspection, said engineer shall submit to the City written certification that grading is in compliance with said codes and standards . 9 . Install all street signs , traffic delineation devices , warning and regulatory signs, guardrail, barricades , _and other similar devices where required by the Director of Public Works . Signs shall be in conformance with the Department of Public Works standards and the current State of California Uniform Sign Chart. Installation of traffic devices shall be subject to review and modification after construction. 10 . Offer of Dedication to City of Atascadero the following rights-of way and/or easements : Street Name : Vista Bonita Limits : Property frontage MInimum Width: 20 ' from centerline of right-of-way 11 . Improve Vista Bonita to the following standard: 24 ' Road Bed with 20 ' A.C. traveled way, minimum 50 ' centerline radius . Limits : From E1 Bordo to Westerly Terminus of Vista Bonita. Improve private road to the following standard: 20 ' A. C. Traveled Way within a 30 ' wide access easement; minimum 50 ' centerline radius . 12 . Improve Vista Bonita to the following standard: 24 ' Road Bed with 20 ' A. C. Traveled Way Limits : From El Bordo to Private Road. Vista Bonita from Private Road to Westerly Terminus of E1 Dorado, 20 ' Road Bed with 16 ' A. C. Traveled Way. The Director of Public Works may adjust Roadway & Traveled Way width due to topographics of site . The Director of Public Works may allow deferral of Vista Bonita from private road to terminus until other development would create the need for the road improvement: 3 13 . Provide Sewer Main Extension Plan acceptable to the Director of Public Works . Main extension shall be thru Golf Course or Las Lomas to Pina Solo. Easement thru Golf Course, if this alternate is selected, shall be recorded prior to recording final map. 14 . Each lot shall have a separate water meter and service. The applicant shall establish Covenants , Conditions , and Restrictions (CC&Rs ) for the regulation of land use, control of nuisances , architectural control of all buildings , driveway and landscaping maintenance . a. These CC&Rs shall be submitted for review and approval by the City Attorney and Community Development Department prior to approval of the final map. b. A Drainage Maintenance Agreement, in a form acceptable to the City Attorney shall be recorded with the deed to each parcel at the time it is first conveyed and a note to this effect shall be placed in the C.C.R. . 15 . Zone Charge 1-87 shall be approved and in effect prior to the recording the final map. 16 . Applicant shall gain approval of a street name for the private road and it shall be shown on the final map. 17 . A final map, in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or licensed Land Surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b . A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. 18 . Approval of this tentative tract map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date . 4 EXHIBIT E - Prior Staff Re. Tentative Tract Map 2-87 (Nimmo/Yeomans) Tentative Tract Map 2-87 Vista Bonita Nimmo/Yeomans City of Atascadero Reconsideration of Map STAFF REPORT FOR: Planning Commission Meeting Date: 4/7/87 BY: Joel Moses, Associate Planner File No: TTM 2-87 Project Address: 9385 Vista Bonita Road SUBJECT: Request proposing a residential resubdivision of 8 lots into 9 lots, with eight of the lots varying in size from 5,520 to 6,750 square feet for residential use and one 4.94 acre lot for open space. The pro- posal also includes a request to establish Trifon Garcia Lane as a road name for a proposed private road. BACKGROUND: The applicants have applied for a zone change (ZC 1-87) to allow for a small lot subdivision (below the normal 1 1/2 to 2 1/2 acre) that is being considered along with the proposed tract map for the site. Notice of public hearing was published in the Atascadero News on Fri- day, March 27 , 1987. All property owners of record located within 300 feet of the subject property were also notified on that date. A. LOCATION: 9385 Vista Bonita Road (Lots 6,7, & . 10 through 15, Tract 5) B. SITUATION AND FACTS: 1. Request. . . . . . . . . . . . . . . . . . . . .Resubdivision of 8 lots totaling 6 .98 acres into 9 lots with 8 lots varying in size from 5,520 to 6,750 square feet for resi- dential development, and one lot of 4. 94 acres for open space, and to establish Trifon Garcia Road as a private road name. 2. Applicant. . . . . . . . . . . . . . . . . . . .Robert Nimmo/Michael Yeomans 3. Site Area. . . 6.98 acres 4. Streets. . . . . . . . . . . . . . . . . . . . .Vista Bonita 5. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Z (Residential Single Family 1 1/2 acre without sewer, 1 acre with sewer minimum lot size) 6. Existing Use. . . . . . . . . . . . . . . . .Vacant 1 Tentative Tract Map 2-87 (Nimmo/Yeomans) 7. Adjacent Zoning. . . . . . . . . . . . . .North: County, golf course South: RSF-Z, vacant, water tank, residence East: County, golf course West: RSF-Z, residence 8. General Plan Designation. . . . .Low Density Single Family 9. Terrain. . . . . . . . . . . . . . . . . . . . . .Steeply sloping down to the north 10. Environmental Status. . . . . . . . .Proposed Negative Declaration C. ANALYSIS: i The proposed tentative tract map before the Commission proposes the resubdivision of eight existing residential lots totaling 6.98 acres into eight residential lots and one open space lot. The current zoning of RSF-Z, allowing for a density of l 1/2 to 2 1/2 acres, is currently under review for revision. The proposed zone change application (ZC 1-87) would add a planned development over lay allowing for a small lot subdivision. The proposed map con- forms to the proposed Site Master Plan and the proposal will also conform to the City' s General Plan. In a review of outside agencies, several comments were received about development of the site. A preliminary soils report has been submitted and reviewed. The site' s development will require special attention at the time of construction. Concerns of poten- tial drainage and septic construction were noted. The site' s drainage will have to conform to the existing City ordinances and a letter of drainage acceptance will be needed. Due to the lots small size, public sewers will be needed for the project. The applicant is currently working with Public Works to set a specific design for the extension of the sewer lines to the site. Public Works has not yet received a request for annexation to the Sewer District, but no problem is foreseen in the approval of such a request since the site is within the Urban Services Line. Other concerns expressed by outside agencies are routinely covered in standard conditions. The site' s Master Plan for development has been reviewed under Zone Change 1-87. As such, the proposed project has previously been reviewed and conditions generally set. The approval of the proposed tract map will simply be the implementation of the zoning approval. The proposed road name of Trifon Garcia Lane has been reviewed with the Emergency Services Agencies and has been deemed to be inappropriate. The City already has a Garcia Road (north end of the City) . Staff would recommend that the applicant submit a new road name at a later date. 2 . y , ,�•� ♦oma ♦, ♦ W �♦ • ; iiw, ,. u, PROs ., II ,• . � of �- ► '.� - ;IIS II I► -� li !II �il J',/�� �� a /ri �r I IILI II IrI� IfTl/ ` /,/tqv p. :4� 1 /�� t �• I� �-:�I �Irl►� I I l fir! ,rN,,. /ff// � y� �P"• 1 •i 'r I fi`� :S '� � � .�� - r i//I•%� �r I ���!!Ili���li;'��/ ','/, %�� � T; p t Y \ till �lii it i� .�It 01k1 �. i;/ ill ► I ll� t ►� : t, '• ^'tet, eit ` CD rri -n — nnJ� m ID ins aZ ,+,Sd�- o C1 t o u� rn ., •; � � a ` LRS C7 � �j:� o^ no o Q] co ay '� I ► at' 3 � 1�Ej QCU16lTU SCTE P!_,4N N 3 > N 6dY S4.' V •• 6 - ' -' •:z. 7��llUE TLPQMAY yr 2.57•57 � / 9385 VISTA �DNITTA N I MMD `/CDPAM,1'5 SUPPLEMENTAL DEVELOPMENT STATEMENT FOR SPANISH RIDGE This application seeks to create an eight unit planned develop- ment of single family homes which we refer' to as Spanish Ridge or Tract 1488. The site is 6.98 acres located on the north face of Chalk Mountain overlooking the Regional Park and Golf Course. Most of the site is quite steep with slopes well in excess of 30% and is covered with native brush, some large oaks and a few pines. The 6.98 acres is currently divided into eight legal lots as the result of the recordation of Tract 5 in August of 1931. This proposal is submitted as an alternative development plan to the construction of eight single family houses; one each on the existing eight lots. There exist on the eastern portion of this site an area which is flatter and easier to access. This area was once used as a quarry site, see preliminary soils report, and as a result of that activity it has less significant vegetation than the remainder of the site. It is the purpose of this application to employ the planned development overlay zone, as outlined in Atascadero's existing General Plan and Zoning text, to allow for the construction of the eight single family homes in the area most suitable for development. Although the newly created residential lots would be smaller than those normally found in this existing zoning, the creation of such lots are allowed as part of a planned develop- ment. It should be noted that this application does not seek a density increase. The use of the planned development concept in this application seeks to create a more sensitive development solution in regards to this site. The reasons we feel this plan is a more responsible development are as follows: A) 71% of the site will be preserved as an open space. B) The--access to the development area will be more sensitive to the existing terrain, and less area will be needed to make the access. C) It becomes feasible to bring sanitary sewer to the home- sites. This is preferable to the use of individual septics on the existing hillside. 1 Eui I S 1T C. DEV ELDPrn EW STAT SII TETVTATIVL TUMT MIS' 7T A,Z•8;' 73 b5 V ISM 7EQIA SA N I N1MD - YED m F1N5 D) By limiting the amount of area to be used for development more of the native vegetation can be preserved. E) By placing the units in the flatter areas of the hillside their visual impact will be decreased. We hope that our planning efforts and design solutions will be accepted by the City of Atascadero in a positive manner. Sincerely, .00 �G Michael P. Yeomans 2 Tentative Tract Map 2-87 (Nimmo/Yeomans) D. RECOMMENDATION: Staff recommends conditional approval of Tentative Tract Map 2-87 based on the Findings in Exhibit D and the Conditions of Approval in Exhibit E. JM:ps ATTACHMENTS: Exhibit A - Location Map Exhibit B - Site Plan Exhibit C - Developer ' s Statement Exhibit D - Findings for Approval Exhibit E - Conditions of Approval _ 3 Tentative Tract Map 2-87 (Nimmo/Yeomans) EXHIBIT D - Tentative Tract Map 2-87 Findings for Approval April 7, 1987 FINDINGS: 1. The creation of these parcels conforms to the City' s Zoning Ordi- nance and the General Plan, Land Use Element and policies. 2. The creation of these parcels, in conformance with the recommended conditions of approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development that is proposed. 4. The site is physically suitable for the density of development that is proposed. 5. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. i6. The design of the subdivision and the type of improvement will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or that substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474.6 of the State Subdivision Map Act as to methods of handling and discharge of waste. 4 Tentative Tract Map 2-87 (Nimmo/Yeomans) EXHIBIT E - Tentative Tract Map 2-87 Conditions of Approval April 7, 1987 CONDITIONS OF APPROVAL: 1. The applicant shall annex to the sewer district and pay fees in effect at the time of annexation prior to recording the final map. All other sewer fees in effect shall be paid at the time of is- suance of connection permits. a. Wastewater disposal shall. be connected to the public sewer. b. Obtain a sewer connection permit from the Public Works De- partment prior to hooking up to public sewer. 2. Improvement plans prepared by a registered civil engineer must be submitted to and approved by the Community Development, Fire, and Public Works Departments prior to recording the final map. Road improvement plans shall include Vista Bonita and the private road. a. Construction of road improvements shall be completed (or bonded for) prior to recording final map. b. Construct Atascadero City standard Cul-De-Sac at the fol- lowing location: Terminus of the private road. C. Upon approval by the Director of Public Works, the property owner (s) may enter into a deferral agreement for the con- struction of Vista Bonita Westerly of intersection of private road. d. Prior to approval of the improvement plans by the Director of Public Works, either the Subdivider shall acquire suffic- ient title or interest in the off-site land to allow the im- provements to be made as required by these conditions; or the City Council, upon request by and at the expense of the sub- divider, shall have made all appropriate finding and adopted a Resolution of Necessity as required by law so that the City may exercise its power of Imminent Domain. e. Submit proof, as required by the Department of Public Works, that access roads are constructed with their legal easements. f. Fire hydrants shall be installed at the intersection of Vista Bonita and the private road and opposite the property line between Lots 4 and 5 along private road. Exact design and location to be approved by the Fire Department. 5 Tentative Tract Map 2-87 (Nimmo/Yeomans) g. Water main design shall be reviewed by the Fire Department and pressure booster pump may be required if water pressure is found to be inadequate for fire protection. h. If road improvements designs require the relocation of 16" water main, the cost shall be paid by the developer. Reloca- tion of all utilities which conflict with proposed improve- ment, shall be at the expense of the developer. i. Access road shall not exceed 20%. j. All utilities serving this site and the lots shall be under- ground. 3. A 6 ' 0" Public Utility Easement shall be provided on all private property perimeters within the tract. a. Encroachment Permits are required prior to doing any work within the public right-of-way. 4. Grading & drainage plans prepared by a Registered Civil Engineer must be submitted to and approved by the Department of Public Works (and the Community Development Department) prior to record- ing final map. a. Secure a drainage acceptance letter from the County stating that they reviewed the Drainage Plan and find it acceptable prior to the recording of final map or issuance of a building permit. b. Drainage Facilities shall be constructed to City of Atasca- dero Standards. C. All drainage work shall be completed (or bonded for) prior to recording final map. 5. Prior to recording the final map, a soil investigation (as re- quired by the Map Act) shall be submitted, recommending corrective action which will prevent structural damage to each structure pro- posed to be constructed in the area where soil problems exist, as indicated in the Preliminary Soil Report dated November 1986. The date of such reports, the name of the engineer making the report, and the location where the reports .are on file shall be noted on the final map. 6. Offer for Dedication to the public of the required Public Utili- ties easements. 7. Offers of dedication shall be completed and recorded prior to or simultaneous to recording final map. 8. All grading and erosion control measures shall be designed by a registered Civil Engineer and constructed in accordance with the 6 Tentative Tract Map 2-87 (Nimmo/Yeomans) City of Atascadero grading codes and standards. Prior to final building inspection, said engineer shall submit to the City writ- ten certification that grading is in compliance with said codes and standards. 9. Install all street signs, traffic delineation devices, warning and regulatory signs, guardrail, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the Department of Public Works standards and the current State of California Uniform Sign Chart. Installation of traffic devices shall be subject to review and modification after construction. 10. Offer of Dedication to City of Atascadero the following rights- of-way and/or easements: Street Name: Vista Bonita Limits: Property frontage Minimum Width: 20 ' from centerline of right-of-way 11. Improve Vista Bonita to the following standard: 24 ' Road Bed with 20 ' A.C. traveled way, minimum 50 ' centerline radius. Limits: From El Bordo to Westerly Terminus of Vista Bonita. Improve private road to the following standard: 20 ' A.C. Traveled Way within a 30 ' wide access easement; minimum 50 ' centerline radius. 12. Improve Vista Bonita to the following standard: 24' Road Bed with 20 ' A.C. Traveled Way Limits: From El Bordo to Private Road. Vista Bonita from Pri- vate Road to Westerly Terminus of E1 Dorado, 20' Road Bed with 16 ' A.C. Traveled Way. The Director of Public Works may adjust Roadway & Traveled Way width due to topographics of site. The Director of Public Works may allow deferral of Vista Bonita from private road to terminus until other development would create the need for the road improvement. 13. Provide Sewer Main Extension Plan acceptable to the Director of Public Works. Main extension shall be thru Golf Course or Las Lomas to Pina Solo. Easement thru Golf Course, if this alternate is selected, shall be recorded prior to recording final map. 14. Each lot shall have a separate water meter and service. 7 Tentative Tract Map 2-87 (Nimmo/Yeomans) The applicant shall establish Covenants, Conditions, and Restric- tions (CC&Rs) for the regulation of land use, control of nui- sances, architectural control of all buildings, driveway and land- scaping maintenance. a. These CC&Rs shall be submitted for review and approval by the City Attorney and Community Development Department prior to aproval of the final map. b. A Drainage Maintenance Agreement, in a form acceptable to the City Attorney shall be recorded with the deed to each parcel at the time it is first conveyed and a note to this effect shall be placed in the C.C.R. C. A Road Maintenance Agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed and a note to this effect shall be placed in the C.C.R. 15. Zone Change 1-87 shall be approved and in effect prior to the re- cording the final map. 16. Applicant shall gain approval of a street name for the private road and it shall be shown on the final map. 17. A final map, in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property ' corners created and a Registered Civil Engineer or licensed Land Surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be sub- mitted for review in conjunction with the processing of the final map. 18. Approval of this tentative tract map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior. to the expiration date. • EXHIBIT F - Map Comp. Tentative Tract Map 2-87 :., . +,� CITY OF ATASCADERO Vista Bonita r �.� 107°-7 Nimmo/Yeomans _CAD COMMUNITY DEVELOPMENT Reconsideration of Map* DEPARTMENT CURVE DATA K3LIAIE DwrA d R [ 7 u DEAL'/mb Uis7 ) ';) bn. ;i YF I 'rl, i"�;'.`� '( 'i 7 _ �I ! ++ J sm t s c t < s`y , Nss„us ?� q, _ .•ss't.n,aa z.••s 1 < ''�( u`',•P p19A � d”' `'4<<,�,,._a A c.a ` .r n ser - rr f +r. .•o<r t{ � �•sJ" � ���� ��,yt \/ 's.,;�•^. „r ��. AN, % ` r•s+'r" z k'`'c� 10 �{r•` �U" ~s �• ..,..'` d"'si t' Jy.Sf Ssf r i `�S��` �,+`"s� Q,r� _ •-•��"���>, � �yi fC C"�� •:.r '/� G -�\ su r r fr pn t ` c P Vs \' r � �•'i s 3 , r 61, gm 28 r i �' ,ss' ,.00�� bP% .dN/i Jyr•`' it+"`'/ �01' r PS yi 0, JI �. _� q 1+ -r e / - G45,4 L1r BrA R/176: tA.sJ arrurrw/wo wauwaun \ f"°i'/ � N+P 0° *. s yF, E/ / / Ih�F w T•r Jur m uJe n ui ss rs A ns Angneu Nae. / Y M1• / K lna+J AtY[M[<Cl a ,u1 NAK 11 2;1 1 / -.A..1 AT B., t 0H.1 "1y rr _ c I P tt✓N �N, ��rn`ri /''a PEFE�EUCES ,p9" �'= pp��. ; •o.,-� � ��°��� �/ 1 f Pn TRACT 1488 04 y `�� •s '�4 n�/ �n / &V dIt a fJi BfNb A.cullwAlmoll OF jonm"ar rOJf,477 AW ��• /`r �q, , cols A77AGV6N/s v re,4a m,d/m raf Crry of .• ,+ ,'1' / J<a A7AfL.1 w, ,"ry 0/JAuty/S -woo,,STATE o ' /L,• LEGEND LAG/Foruu. /' r<ursruw WrRAZ lSr ti0 rer rt J<J .ls�euur,r ev. .fA<7 eus rnrsw r4.r42mw se 401 0 0 Minutes - Planning Commission - April 5, 1988 No public testimony was given. MOTION: Made by Commissioner Hatchell, seconded by Commissioner Bond and carried 6 :0 to recommend approval of La Canada Lane as a private road as reflected in the staff report. 2. TENTATIVE TRACT MAP 2-87 : Request initiated by Robert and Patricia Nimmo to modify the resubdivision of 8 existing residential lots totaling 6.98 acres into 8 residential lots varying in size from 5,520 to 6,750 square feet and an open space lot of 5.33 acres, and to revise approved road name. Subject site is located at 9385 Vista Bonita. Joel Moses presented the staff report on this reconsideration-- re- quest to revise the previously approved map. Staff recommendation is for approval subject to 18 revised conditions of approval along with revision to the proposed street name from Trifon Garcia to Pico Blanco. . In response to question from Commissioner Michielssen, Mr. Moses explained that the applicant is proposing to shift the development area to the west which will relocate the residential units approx- imately 180 feet which results in a substantial change from the approved tentative map. Mr. Engen added that this request in- volves a lower fee because it is a minor adjustment necessitated by the need to have consistency between the tenative and final map. Robert Nimmo, applicant, stated he was in agreement with the rec- ommendation and was available to answer any questions. Ursula Luna, 10600 San Marcos, asked if this would be considered by the City Council. Chairperson Nolan responded that the decis- ion of the Commission would be forwarded to the City Council. She asked if the open space area would be subject to future lot splits to which Mr. Moses noted the project has been approved as part of a planned development overlay and any changes would have to go through a zone change process. MOTION: Made by Commissioner Hatchell, seconded by Commissioner Kidwell and carried 6 :0 to approve reconsideration of Tentative Tract Map 2-87 subject to the findings and re- vised conditions of approval contained in the staff report. 3. TENTATIVE TRACT MAP 37-87 : Re ue t in t .ate b ppo Messer Guest En ine rin to allow tie su divisionyof . 5 acres into parcegs �arying in size from 1. 00 to 1.14 acres, and to establish Caleta Lane as a private road name, and to allow annexation to Sanitary Dis- trict No. 1. Subject site is located at 8430 Santa Rosa Road. 2 MEMORANDUM TO: City Council April- 26 1958 VIA: Paul Sensibaugh, Acting City Manager \ FROM 'Henry Engen, Community Development Director !SUBJECT V: :, 'TENTATIVE PARCEL MAP 37-87' LOCATION: 8'430 Santa Rosa Road APPiZCANT: . Aon Messer (Cuesta Engineering) REQUEST: ,. - To- allow the gubdivision of 6. acres,. into + ; aarcea,,. varying in size from 1 .00 to 1'.14 acrea,�and,- to establish. Caleta Lane as a private road name ,and to allow annexat on to Sanitary District Na.. 1 y -BACKGROUND: At their April ;5, ' 1988 meeting,' the Atascadero Planhinq Commission conducted a public hearing on the ve referencod . - f subject. an, a' 6:0 vote, the commission , tecgmeend4d ,a proV4 --of the land division request subject to the findings and coinditio Is contained in the ;attached staff report. John Falkenstien,: applicant' s agent, .,- spoke ,in support ' of-,,the- request f-,, he .request and asked for clarific'atibn concerning cond:iion No public. testimony was given. RKC6MMENDATION: i Approval of Tentative Parcel Map 37-88 ger the,. Plann n9-Cd*aIs- sion' s recommendation. F HE,,:ps cc: Don Messer, Cuesta Engineering rr i � a " f CITY OF tag commiss"ibw" MeAt, ba a BYt J l seiI Ass��3 t �er c fn- 1130ov.We osidt dive :' tea ;�rte1. to '.Caritas n�F, 1, "The 'it���/ i/ty�w a� µ s�}w {� estinqthe "*yA 1:y sb t(yor- X00* � A Laa:�+ an offic .a►l '4t r+f,pf^ w,, Wk ..iv �F ai f 1f it .'rth suiXd+4. ird, � E v ii of { � N✓1 A d : . Donald 16e � r g a '4_i. r i�3 li4iativf.*. i�# a •.4 w► i • s rr i t� "«a t 1g neer ,iig A, +►wb6i • i,_rr�7a# +► ail V`` " � ��1�1 r}ia4'�as Y`t'. t v , ii cir #-.♦ #`# N.✓i • i�'# i"+Ydt �t� tore ; q� � - t�kWo�'s.1�.1t h �'is' r4i .:r ar'i i i ♦ • •±� #fa'�,+tY-+�`i •`M'a.♦ r •.e.-� �1� "'f gt� .i'vs-,, .*Ac�rL�J.t4; =' size 'With ,r , 3 laa, at :c n.. . .M dc�rate nsj.ty Family V �n � �.it`; lg `i'i sFr wa#'•.► # ♦�r* *'i # y1T1�'�+e sYif.Ri�+ � g �. March 5, Thetit ;p a "O to� s� an €xisti developed Bei ores -.int( ;6` : t eis containing 1."j, ,t4 I F All of the proposed lots will have access by way of a private road. The site is zoned RSF-Y (Residential Single Family) with a minimum lot size of 1 1/2 acres without sewer and l acre when sewer is available. The site was recently reviewed and approved for inclusion within the Urban Service Line. In doing so, the minimum lot size was reduced, and the number of allowed lots was increased from 4 to 6. The applicant is requesting the maximum density allowed under the ordinance. No further lots could be created. The map' s design creates six lots with access from a private road. The , site has an existing creek across the front of the site parallel to Santa Rosa Road. The presence of the creek denies the front two lots direct access to Santa Rosa Road. The design of the private road meets the requirements for a private road. The applicant had proposed the naming of the street as Tesoro Lane. A review with emergency response agencies noted concern with the name. The applicant then submitted three other names for review. Of these "Caleta Lane" was determined .to be acceptable. A check of other communities and the county noted no conflicting use of that road name. The site is located along Santa Rosa Road a designated collector on the General Plans Circulation Element. This section of road has been designated on a draft Route to School Plan. The route will serve the children attending Santa Rosa Elementary School to the east. As a designated collector and route to school the existing improvements along the property' s frontage will need up grading. It was determined that the site contains an archeological site. The applicant has had an archeological site survey done by an Archeologist. The report contains mitigation measures needed to protect the known archeological resources. Notes have been added to the tentative map restricting the type of construction work to be done on the site. These will include an evaluation of the proposed sewer line prior to construction. If problems are encountered an alternative route for services will have to be used. Comments were received from several outside agencies. Our Building Division noted no problem with the proposal as long as the existing codes and standards are followed in the development of the parcels. The Fire Department noted the need for the upgrading of a fire hydrant along Santa Rosa and the installation of a hydrant on the site. The Southern California Gas Company has noted that the site can be served by an existing 2 inch main in Santa Rosa Road. If additional gas mains are installed, they will need to be within the Public Right-of-Way or within approved easements. The Public Works Department has noted the need for street improvements and the paying of the annexation fees for the sewer. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Tract Map 37- 87 based on the Findings in Exhibit C and Conditions of Approval in Exhibit D. Staff also recommends the establishment of "Caleta Lane" as an official road name for the private road on the site. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Map Exhibit C - Findings for Approval Exhibit D - Conditions of Approval JM/jm A (6- EXHIBIT A LOCATION MAP CITY OF ATASCADERO 8430 Santa R � • � • `°�% Rosa Road ��j • == TPM: 37-87 COMMUNITY DEVELOPAJENT (Messer/Cuesta Eng) DEPARTMENT cqs roeAc R i SITE: 8430 SANTA ROSA RD. , i TPM: 37-87 � J � Q � Messer/Cuesta a a J p 1�1UbP AVE✓� _ P i S VP i IVF , VIEW HIVE ,S -�� , w R S �I i / 0 E \ \ it ♦\ V _ \ )"0' \\ it EXHIBIT B TENT. MAP CITY OF AT 8430 Santa Rosa Road ASCADERO TPM: 37-87 !, (Messer/Cuesta Eng) 'OOCD COMMUNITY DEVELOPMENT DEPARTMENT I TGNTAT/VC T/"er erKc.A w10111"NPY v v"','* 1' w+ ArASCAPeM 4U[ y "I'll 7Y a/A/l.'APEAa I', . !N/N/y N AlN LUISM/YO.!rI/C[r 4LNPRN ', NANrI A4y14 wM[!S t:J S-r W4' —AV.~> Ie 0.'LNR AY 7Ar ^r.•r_ LI I yP<.J•vrNlR//dA CA' Z" AFr.1.Al ALC 6'lP/7'74,J r "'f5 1 ; , / A[YA/Aw•vtYSffY/lAW i0,u•ilc I a7 ]e, •tx i OA/NEJ!5&FAm/eATe NEREPY AMY!aR AI WrP V Me DN " -\ `\�\ 1 1 .'^•1 r� / I c \ 4`"f Z AAAIrA/Y AWN M/rN S rENrA//VL NA •(EARL ENrAr/✓CA , A-$110[IwNCK ANO ArAr A7/ //` rl/ IIIa• �� INE/N/Pe"Arf"1NpVN"Ice Y/J MI/Ar AVP \ 1 /' ' A,POZL GO y/ e�ELL fA 1\ 1 CP.tRl1r r rHe e+ar � W 1 •\• /Rs/osrd rcalc 3r.+u\ 1 \ �, \ I P � v NY rcv[w[ca:G 1 `I / .f\ `\, , •I i `\` `\ ,- 1 JON/A[KLN3r/W a G ♦\. I / ♦,\ ///777��/ I \ al Ar. .ez..AA;•A \ 1 / tI/,RAN LA,lA✓1N 1 1 LaI e4 w i d /j{A,Q1�r�Mr( • � \ � rP n.r.•r � � \ .wNrL x�.w 1 I � \ r 1 _L \�ao•.a.1YAraA[woy ANS/'i. 1 _t47 i I h 1 1 ;j•tI rt)Lc AM I '1 � ` `�� (` pal \ ,��•`-1 C \ ; �__� '/� 1 1 I I I i AL - 1'I I 11 ! Lal I / _ I, hv.+•trr ea Ia�Y�1a '1 1 11 , I ..c '�,1 ; ne = Ii � 1 'yl„1.L \'. . .'\\<, •` /ARCG ¢ X11 '/ I h '' j.l�=`\-1 \'` - I ”_ -"•___•/ \\. \�Na nnlo\rnw Pre J _ M/T/GAT/ON PIAN ' I / `�.�`' \ ;r � Lar .lt •;>._ 1 r_. .. a.te..a.xA. '', I 1 /CL / g j !o v Pe Act 7 ( Ca AeLci ro n•ee LUESTA ENG o.a uN.Ns n • +r suoe<P.u.r+a.Nn Y/Yrz '. 1988 COMMUNITY DEVELOPMENT I EXHIBIT C - Findings for Approval Tentative Tract Map 37-87 8430 Santa Rosa Road Messer / Cuesta Engineering April 5, 1988 FINDINGS 1. The creation of the proposed parcels conform to the Zoning Ordinance and the General Plan land use designation, densities and other policies. 2. The creation of these parcels, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration- prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to the methods of handling and discharge of waste. 8. The site contains an archeological site that has been registered with the State. An archaeological study has been done recommending mitigating measures to protect the archeological resources. jm/JM EXHIBIT D - Conditions of Approval Tentative Tract Map 37-87 8430 Santa Rosa Road Messer/Cuesta Engineering April 5, 1988 CONDITIONS OF APPROVAL 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall be extended to the frontage of each parcel or its public utilities easement prior to the recording of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be the responsibility of the developer at his sole expense. 4. The newly created lots shall be connected to the Public Sewer. All annexation permit fees shall be paid for the newly formed lots prior to the recording of the final map. Any sewer extensions for annexation must be completed within one year after annexation. 5. Sewer improvement plans shall be submitted for review and approval by the Public Works and the Community Development Department prior to the recording of the final map. Plans shall include implementation of the archeological study recomendations and approved by a professional archeologist. 6. Grading, and Drainage plans , prepared by a registered Civil Engineer shall be submitted for review and approval by the Community Development and Public Works Departments prior to the recording of the final map. 7. Obtain an encroachment permit from the City of Atascadero Public Works Department. Sign an Inspection Agreement and a Curb & Gutter Agreement, guaranteeing that the work will be done and the inspections paid for, prior to the issuance of a building permit, or start of public works construction, and construct improvements as directed by the encroachment permit prior to the final building inspection or the recording of the final map, whichever comes first. 8. A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed. A note to this effect shall appear on the Final Map. • • 9. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, guardrails, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the Department of Public works standards and the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modifications after construction. 10. Road improvement plans prepared by a Registered Civil Engineer shall be submitted to the Community Development and Public Works Departments for review and approval, prior to the construction of the improvements, or prior to recording of the final map, or prior to the issuance of any building permit, whichever comes first. Plans shall include, but not be limited to . - a. Santa Rosa Road: Design shall include City standard paveout, and consider routes to school. The width of what to be determined by the City Engineer not to exceed 251- 0" from the center line. Design shall include measures to protect and preserve trees within the right-of-way, as approved by the Community Development and Public Works Departments. 11. Construction of the public road improvements shall be completed or bonded for prior to the recording of the final map, or prior to the final inspection of a building, if approved by the Community Development and Public Works Departments. 12. Public Improvement plans prepared for the site shall be reviewed and approved by the Fire Department. The plans shall include the upgrading of an existing fire hydrant in front of 8388 Santa Rosa Road. A fire hydrant shall be located on the private road where Parcels 1, 2 & 6 join. Design and location shall be approved prior to the recording of the final map. 13. Prior to the approval of the improvement plans by the Director of Public Works, either the Subdivider shall acquire sufficient title or interest in the off-site land to allow the improvements to be made as required by these conditions; or the City Council, upon request by and at the expense of the subdivider, shall have made all appropriate findings and adopted a Resolution of Necessity as required by law so that the City may exercise its power of Eminent Domain, to acquire said off-site land. 14. The applicant shall deposit with the Director of Public Works a dollar amount determined by the Director of Public Works, which shall be utilized for the future development of improvements for the implementation of a Routes to School Plan for Santa Rosa School. • 0 15. A note shall appear on the final map, setting a 25'-0" building setback on parcels 1 & 6 from the Santa Rosa Road property line. 16. Parcels l & 6 shall have no direct access to Santa Rosa Road. Access shall be by way of the subdivisions private road. Relinquishment of access rights shall be delineated on the final map. 17. Drainage Facilities shall be constructed to City of Atascadero Standards. All work shall be completed or bonded for prior the final building inspection or the recording of the final map. 18. All grading and erosion control measures shall be designed by a registered Civil Engineer and constructed in accordance with the City of Atascadero grading codes and standards. Prior to the final building inspection, said engineer shall submit to the City written certification that grading is in conformance with said codes and standards. 19. Offer of dedication to the City of Atascadero the following rights-of-way and / or easements: Street Name: Santa Rosa Road Limits: 30 '-0" from centerline of right-of-way along the entire property frontage 20. Offer for dedication to the Public for Public Utility Easements all required utility easements. 21. Offers of dedication shall be completed and recorded prior to or simultaneous to the recordation of the final map. 23. Prior to the recording of the final map, a soils investigation (as required by the Subdivision Map Act) shall be submitted, recommending corrective actions which will prevent structural damage to each structure proposed to be constructed in the area where soil problems exist, as indicated in the Preliminary Soils Report. The date of such reports, The name of the Engineer making the report, and the location where the reports are on file shall be noted on the final map. 24. Finial map shall show revised private road name. 25. A final ma substantial conformance with p in substant the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. 0 • a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or Licensed Land Surveyor shall indicate, by certificate on the final map, that the corners have been set or will be set by a specific date and that the will be sufficient to enable the survey Y to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. c. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 26. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 4 X MEM1^J' R`'A' MDU TO: City Council, April VIA,: Paul ''Sent ibaugh; Acting City Manages Y FROM.- Henry Engen, ComMunity Development, Director k _ SUBJECT:-3 Tentative, Parcel. .Hap 5-88 LOCATIO14: Tantative,`Parc;el Map 5--88 APPiXCANT:, Las Enc Inas: {`Cresta EhOineerinc J f E REQUEST: : To subdivide two parcels' containing 9.88 , 44to ,. three parcels of 3.2-9 acres each. - A r y e ,At their April 5, 1988 and ting the Atasgaderc Pl.anhing� Com sion conducted a public hearing qn the abo°vek-?kofar nc The, Commission `approved' the lot split , request` + , a fl + te s ject to the findings .and `:conditions contained in tl attached staff-report : John, Falkengtien, applicant' s agent, noted his 1conor�r ce ihh the Conditioas .of approval. No, public test*moray was 71givebn. , RECOMMENDATION; Approval of4Totntative `Parcel Map 5-88 per,the` Planning, Com* s- 1 s.idn�(' s `recojAmehdation, HE;p :.` cc:' jLas Emcinas Cuesta Engineering ti i t CITk or ASC s FtR: Planning Commission Mee Utepi , B :' 1 s .s, ssc late Manner 'F3 Tentati a Parcel Mai �.� %'tc� subd'i�atde two existing-'t-.dev+ parcels total ncl 9 8 ,acres into three parcels etch menta 3 2 9 aores_. AND PAM . , 4. Applicant. . . . s Bii'W-ittFi s, 3 i Project Address# # ! Santa 'Cr4¢ I oa 4. 1,6gal.mescripti to i #Y i i #Y i ♦ # #Y I,cts 34,. 0" 15 of al�` Atasc. Cal. \, Site Area. . . . . . .'. . ii . #'. , . # # . #.9#88 acres 6. Zoning. . # . . . . . . . # *_0 # . 0 . i i RS (Residential,,0 7. �.46naral, Flan.'Desi.gnation. . . .Suburban i4(,F `` - w f.•.� Pxittn Ui6# 0 , * i 4'-0 *'Two aingle: family re- 9 e- . Status r.# i i i i . # #.°*;4'g4i Lr.hv.T+4+ JiY�VY�XXdw��� 11 00 -Y�'.,.•u arch 9, l xs xa i The,, a hunt �. rc� p p p sez� to 'ivi t� c ist� g't c vel®p d; p rce . cbnta i n �. 9. 8 acreA %atrr tsar par,601 each contain'.ng 3 ' 9 acresi= Fare� s 2.,,are `c rr�ently built on a direct acc, s to Sant Cruz` Nc�a4- Parcel 3 will haveac��zs� ca; Santa ,C z '' aad 'bar vay of a 2 ,' 0" wick easemeat<-,aovoss axc The sub ct prbperty i locat d in the RS Res ie3cnti, l t�ban . kine. Mir i*dm /lot size in this zone ranges .:bctwa�n ' #5�ra�.''�fl " ?' acres depending on, the, *scare" .€f "the-various &er1prmanc standards# var this site,' th+ mini: lot ,size iter: -, ` t } s f f F 0 • Distance from Center (18, 000-20,000) . . . . . . . . . . . . 0. 75 Septic Suitability (20-39 mina/inch) . . . . . . . . . . . . 0. 75 Average Slope (0-10%) . . . . . . . . . — 000 . . . . . . . . . . . 0. 50 Access Condition (Paved Less than 15%) . . . . . . . . . . 0. 40 General Neighborhood Character (3. 96) . . . . . . . . . . . 0. 79 Minimum Lot Size. . . . . . . . . . . . . . . . . . . . . . 3. 29 acres The proposed lot sizes of 3. 29 acres will meet the minimum lot size required for the site. Comments were received from several outside agencies. Our Fire Department and Building Division noted no problem with the proposal as long as the existing codes and standards are followed in the development of the parcels. The City Public Works Department has responded with comments noting no special requirements. The Southern California Gas Company has noted that the site can be served by an existing 3 inch main in Santa Ana Road. If additional gas mains are installed, they will need to be within the Public Right-of-Way or within approved easements. The site was previously reviewed as a part of an area wide archeological survey. This site was found not to contain any archeological resources. . C. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 5- 88 based on the Findings in Exhibit C and Conditions of Approval in Exhibit D. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Map Exhibit C - Findings for Approval Exhibit D – Conditions of Approval JM/jm CITY EXHIBIT A - LOCATION MAP IOF ATASCADERO Tent. Parcel Map 5-88 �'!19'I1.'��'C ' 197•-� 7450 Santa Cruz Road COMMUNITY DEVELOPMENT Las Encinas/Cuesta Eng. DEPARTMENT ix F 6 I / _ a SITE: 7450 Santa Cruz Rd. , TPM 5-88 - <MI /�� ,, REAL Las Encinas/Cuesata S i' C X01 L uAq�l4 --------------- ;' II ------------- Cr R S M 1 r 11 11 / Q v O O / Z a 1 ? I � RS EXHIBIT B TENTATIVE MAP � CITY F ,A, .1.. :.. . �;' O ATASCADERO Tent. Parcel Map 5-88 7450 Santa Cruz Road can •' COMMUNITY DEVELOPMENT Las Encinas/Cuesta Eng DEPARTMENT 10 AWE 3 T__r• •...... 13 -- _� �/ O:✓NER'S STArerf<NT TENTA /t�E�,e,�LEL naPwr ea- ! • EXHIBIT C - Findings for Approval Tentative Parcel Map 5-88 7450 Santa Cruz Road Las Encinas/Cuesta Eng. April 5, 1988 FINDINGS 1. The creation of the proposed parcels conform to the Zoning Ordinance and the General Plan land use designation, densities and other policies. 2. The creation of these parcels, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat S6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to the methods of handling and discharge of waste. JM/jm EXHIBIT D - Conditions of Approval Tentative Parcel Map 5-88 7450 Santa Cruz Road Las Encinas/Cuesta Eng April 5, 1988 CONDITIONS OF APPROVAL 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall be extended to the frontage of each parcel or its public utilities easement prior to the recording of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be responsibility of the developer at his sole expense. 4. Grading, and Drainage plans , prepared by a registered Civil Engineer shall be submitted to and for review and approval by, the Community Development and Public Works Departments prior to the issuance of any building permits. 5. A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed. A note to this effect shall appear on the Final Map. 6. Address identification signs shall be approved as a part of the issuance of building permits. The signs shall contain 4" (inch) reflective address numbers for each residential unit served by a driveway. The signs shall be located on the right hand side of the drive way and shall be placed so as not to affect the visibility of the intersection. 7. All lot grading and drainage improvements shall require written certification by a registered Civil Engineer that all work has been completed and is in full compliance with the approved plans. 8. Offer of dedication to the City of Atascadero the following rights-of-way and / or easements: Street Name: Santa Cruz Road Minimum Width: 20 ' 0" from centerline to edge of Right-of-Way 9. Offer for dedication to the Public for Public Utility Easements. 0 • • 10. Offers of dedication shall be completed and recorded prior to or simultaneous to the recordation of the final map. 11. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or Licensed Land Surveyor shall indicate, by certificate on the final map, that the corners have been set or will be set by a specific date and that they will be sufficient to enable the survey to be retraced. _ b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. c. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 12. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. JM/jm i ` l J l .yam ;d �p t s9t i� iA" 7J_ R'X i�l D_U, r- Citi FI nAe1�t,, Cbttity. 3etFel?C►pltt '76 "eCtt :, w�• n "t 1J.. O .ti/lock` {af ",R"iAt.L o�, aw. 2 iL�R 4t,4O 40 on' ptiya roa4 ' re lac3 the u a vee A a � I S�}� Apr �y Commission, s �t ,r+�3� a+Js� y�j �rv� } y.,�1.�i�,A �i L ,,V�,},, +4F'�+. K+ F✓ai., �.rV�LT-41M '�,vr � M .M:xwCrc7A � d f t >al) x r E3 OI'.sCod 521, 8 6S Clt, c�Y2C1. ,' Y J.'f��'�+R�, . i T+rSi�hl�.k 9 ,. re fe4,f.ew'ii'�.�i`R'd i "thCr R�•ir Er.aohed a'�9 R+ �,�.�i 1.0 Pr ltohTt. $ ��J�,.r 1'9. nt Mated . teats. 4Y was given on. the atter-,,' ova of Road 'Mamie 3�-�� a� re��r� ced i � 1 � h@y, << 2 4 1 ..s City df:. cAd+erc STAFFRmw } 5w x ist as tie .aauvi for an ,exi# . A --V 4, rc���fi, �r 3 a4 g un a pp d .nam of Chavez fT f 'r - iG2tnt'• t # a k♦ s=r tit #.r # ♦ # ! 's # �"14,. #-y,t - + - :ppb r f Z Aep GiIiTK ntYri�/ta # ! #P'#;..r#'#, k t A! "`iM' vrY Ai #„. � +6 3 ; int. t .. 6# . ting us n { 7-J J\V wSl� incl 1Yr on,,^# # 1f M 1^'#1F# N ♦ �Yf V#i � 617e a E�Y 'F i ij Ni :Ai4 s i � x . sd' rQd`<n ` ' lab Rad r ry probe. a� r� ��aui�d ' �.� " ' �� +� th+e Prate +�.�e��d . � � �m +G " Los; Oso. +G t `Lt the :; s F,#icon.. ts�t rAV rita t t nd 6t�a� �z�tip :, � the fund ' th 0*r il .c't� �.� s� ^, Mier - �., ar '. end ,� + Aqifi or the xl=e, j,, �S y� ?r �*XkOW,�VF,�+i:, t # ., 'Vr ^` +L 3. 5 1 M M1i.'t,rt#w�r ,.� tr i m' ii i 4 hi nate# 1dscs �canicftr e'a�inc tt IK- �r� '. 4#01ing� 4d. meniitw: . na : tion o,n' d nein, � r i' , - ,est a f it%��--a, ,r�6 � "silt"O f and``r rd�d. rco-1 oa The d 1{ ijot de*eIap* to, into - , i Staj ��darA4i-will, not` a d nit` ► t �a�t . fr�t�� t64, of y,Cha," a ppe , 0 gib' tb f P map but was never reviewed or approved. The .road currently serves one single family residence that is under construction. At least seven other residential lots could be effected by the road name. None of these other lots are, or are currently being reviewed for development. C. RECOMMENDATION: Staff recommends approval of the establishment of Falcon Road as an official private road name as shown on Exhibit A. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Prior Parcel Map JM/jm EXHIBIT A LOCATION MAP CITY OF ATA Street Naming SN 3-88; .,.. :.. . .�.�y SCADERO Chavez to Falcon Road 97 -7 -1- COMMUNITY DEVELOPMENT Jagger cin 1 DEPARTMENT R S (P D 2) L R b = I RS PQ 1 ¢ O O' O C�ORR P• r� Rs ROAD } ALCor, � i EXHIBIT B PRIOR MAP A � CITY Street Naming SN 3-88 �!_.t.. ,.. . y OF ATASCADERO Chavez to Falcon Road {sie-7 . CMAD COMMUNITY DEVELOPMENT Tagger DEPARTMENT —lLM1</L.✓< o,,�,. :.- a ,.[.'-T,. 70 M'«JHWI p JeYr'rr"r !r, Q N [nwsv %" y^ 9 ...r•.-,. O v/r f.Jr'y Rl l.~ Mr /Ir' Hrera e - 'r .r.l w.rJ hrr e,a �� - W<y.r.Iw•YJP fl�". Ir.< • PARCEL A (j •,e PJ t _..T , r- i PARCEL 1 t -4y` .W ~ <�^•_ ,rr. /�/�er'rrrr'r."1 •/h.rl• /1651(.. ,s.rerll •�'• rw.. ,� d \��iiiiiei'b- v��µ ��� . .a rrr ,11 A...e..e...r Vie,,efex"rI i..a•.w A � 4 I.• � .. • tf,�A n �crr1-.-..e gc�.rrN e"'c++.w- 1 ,y°yr G�� � ' (i�.:is'i/� .r....a ,.r. w..a 7 rCl•.frr[ wrG�f.�<l�twx:s./+.-..m Alwerl/ t rotr,�l •' � N,R[EL t ��✓ �!i l''. ABY>�J.{ _—_� MvrA N.r Aufr.4G�GrI Aa,.'hu«CL R S FN I..h,<xw.r• PCI«I . -C.\ 1 j.��'.t,\ '- ( r✓.f we YJIGi+�dcs..wf0 A M KIt< • !\�. J r. i'J MIN.0 +j/\•i •'•• trKo C•wr�w.rGN r�++u Q//)tY.Mo. ti II' ' leal.sJ��r�`♦•� a�-�.ria u•e..�_3<..�,.enala✓,nnre evr+.•cl+,..e er• n.w%r �~��� � r O��� <.a h s�� s.1'/J,! � �i.<.w. <rv.--nr..[.v<a nwioe A.v<•.<.r..• '•�+t•w �• �< °p�� ���,e�� _\ ,`l L' �� s.:<[s',s�.•e.rv.w.'.wr�....e K:.is.c 'dam �°� sle.r..�,.�\t�� 1""y�� \•\_ `' .Se h,,Aa�rw,�.[I urJv fiee[lI� �• \ 1'C\\�. .,� ,�_i-4e•� /yt�.r�• J�•e<!�s-......�..�,a'�i+.v�,M..xvi�.`„'r era iJ ., .v, so.w I.+.o e.wn.e.v J a.r,...r.NY ;� .�_. � .... fra•,A,.i s..w..afrer s�.•.ve a�.m.e s+:�J µ'�..r......:rrµe ��n..,eoe r••��e r � I .,ct Ia«.w arr<.o w .. '-r'b• °°•'Prww .�.n„!r.rsrG.r[a n,e..0 f.,,e.e,u•:cr.w.r<ew r5, uriw,.Or wtllGr•. 'l��A CI,P.ILNr/SAI A<,[�G Un[.rref /ARCLL O p�,.v Qa..w•CriPv q.l.r.-G w fw,e'h<l�fla'.rG.VIr r f Qrrwf�N<�C . fG1r //rru 'sa�dr""°sflMµm G'Zin"J.w IVX r#w.,Altai AeYn�jiro/eme•!! IA 40' Mtr<[C fMM W7 O<�K NC<tlrt,. r 7-1 Y 3•awli nf0 h✓.G.i�fcv/++�M'+Pfv.K �/ h.<"•1 7.vf R•d'<•,«x•rI CYr<e sf�r fk.aV.b � rI.1�.�'•�� l .{ff\/ OI/+•r s.rdv./r+..iu. oft..., ---[B<nr (U% /[ref N R.,rr.v,ep favir.e,e cerw«.cY Or QAC Q'x1<tJ, � N r< - [.J Aro mea s�•r[A9-4 e.eso w.I..x I m•.ft.�w - 1. '`` w�. �4'r Pr AAYl.BA crr cao.......rc+..w.r+re..,.s s-.,[ r '`d�' \'�,\ +•r rv.+s...r u„u.r.w..i...•w-,...r<aa...r.wo O\TI m•..�[.+ee�....Arewnre,w e..r e+a�..cJ � i ,gaeeey,w Ar el-so/ *P"'7 f «e, ,r.er .veer r.-r 1FLFt-r+��b <J wx s-+r�_•.e..,r•/i�af'.r p.N. .t,�.r•Me••• e.i.M,rw t✓ • M B MO R A M D UM ,. - TC: . pity Council .April-; 8,� .'i9 VIA: ' Pain.- Sens Baugh, Acting City manager FROM:- Henry Engen, Community Deve;lopmen,t Director L SUBIECT: ROAD NAM 6-88 LOCATION: 8305 San Groaorio {Located off' of Del Rio serves Lots 9A, 9%, 9C, Zo, 11, 24 and-,251-of APPLICANT: Initiated by Planning Commiss on ,? REQUEST: �,*r the--establishment of La Canada LAne ae a ;primoare_ road 'Mame BAcxGROUND/RECOMMEMDA'TIQN: On 4pril- 5-, 1988, the Atascadero Planning. C6mm_d.ssink tonduc ec aac public hearing, on-the above.-referenced request and on..:,, 6 r vot+�, arecommianded' approval of the road' name. ad- ,refloctOa iti tea attached staff report (Exhibit 8) . „s No public teatimon was given an this matter.. HS:ps r cc: " Ronald Kiel y i s r, 3 4J 1 CXTY °0 ' ATASCAT}ERb S"`TAPP REPORT � ' FORt City Planning Commia`sion kee'tiag ,Daae:'" B11:. . tor Lavidson, A'Ss :ate Planr �r 'iiei ►, taad 6-0,4 '-PROJECT ADBRXSS: 8305 Sane Cie orio SUBJ , Reques initiated. by they PlanningCommission. � establiohment. of La ca0ada Lane as - a private: . raad ri � ! existing private toad','is`" locatedoff of stt 9A, 9C, S1011, 14, aurid25 of Ziock 52..' See Exhibit BA Prec 196, ?'1an 51..87 �bacamd, effective ton . rebruary ' .. �8�. Condition ` of this,, approval,` (see Exhibit C) r ui r i establishment, of "a private- road, name for theb road Oet--v A _. the propos*d parcel." At its ti n+g hof March 15, " 29 $F! theme ' Ccmtmission initiated this application. i t R2M l E PROPOSAL: / La calvada continues 'the Spanish .theme, of road names in " ithe, i y and-1does. >'not present L any, problems- to the pub1�c ^safety The. road has exis ted 8*fnce- 980 and its purtent conaiti-0 t ' ; feet 'wide, paved) _musts. the`..C�.ty'-�s priva�te road stan�ar�. : a . Caflo of trarnsi.ates-:"tip ,, theC"yorn" RECD I9T1C : " to r,ecoet nds apor.ov ; of La -Callada ,Larne -as}' 'a pry va ' ,road . rate , hcrri At`achkentsz= Exhibit A 'Location, Map . Exh.bit. B I_ ri ate Road (La, CaVada)). Exhibit 'C Prelcf se Plan 51-87 f p T rt } i cr a Q 010 cr �l, 00 Otl W Si► ONsNtl3i � Orp bl q p. o � �S pVOM p1b�134 dp t �►S ?�!C /171 - �; p►pb \11 ` QO � \\ i W rw v i m � vi W J a d s .1 °' CO Go Z. �• _ < Id • v � � N f o �. p; o: Q � � U W Li v.?-.•,. o� oo t /hr,,cafl N Q ¢ a u rz W t1 «� J, l� ,o o o Z v •r 4 N V1 o LL 3 f• H �""22 0� %3 �"�3 v a N q X 10 z W tu ,!� V � � h 10 a e-rss.c�'!R) �qt�t; rr" M•s I J 4 o - K v / , cos v � 'l� 0 3 J� _j k N 6c•zo'rs:E iso'/v'/wl s t.�) £' W Qce W -- -•�' �, a 4 s G• � � ��, �� 3 o0..\y bra, (rr �; �ti� � b y,41•,9 v�� — (t+V l,22'65L•M�lfi 9.2.12/✓ �, ,,. �,1 �n� Cry r e► a ,n 12i1 'yg t` `01 V 4 • v ( Cy,� f.►� � !v w I I I1, f E a 04 fn f 0 y t��.� - N g 'T^, Z �y)sy•l , 5"o•�•A �F r ��r z� !� � w J •lb LZ' �� rA ��'bb b' ►-— o + � � •8 tea` �`�• � a h trm �r Cc enc j , P=. h � N � � � •1 Ott' : V i « ;•V � O^ , •^ T qJf C Z ®' ✓ �' �' .�. cr January 29, 1988 Mr. Ronald Kiel 7855 Carmelita Atascadero, CA .93422 RE: PRECISE PLAN 51-87 8305 San Gregorio (To be changed when road name and address range are determined) Dear Mr. Kiel: The City of Atascadero has received and reviewed your application for a Precise Plan and Environmental Determination for grading on slopes in excess of 20% for a driveway and single family residence. The proposed site is zoned RS (Residential Suburban) and the proposed use is allowed as defined as a single family dwelling (Section 9-3. 142 (d) . The surrounding properties are zoned the same as the subject site and are currently undeveloped. A review by the Community Development Director of the environmental description form and application, along with other background information, shows that the project will have no detrimental effect upon the environment; therefore, a Negative Declaration has been prepared. The Director has also found the project to be in compliance with the provisions of the Zoning Ordinance. . The proposed Precise Plan is approved as shown on attached Exhibit B (grading plan) and subject to the conditions of approval in Exhibit D. Final approval becomes effective on February 12, 1988, unless appealed. (NOTE: THIS DOES NOT CONSTITUTE A GRADING OR BUILDING PERMIT. ) In the event you intend to appeal any of the conditions, your appeal should be in writing and should state the reasons for the _ appeal. Any appeal would be scheduled for Planning Commission consideration as a public hearing. You should, however, discuss any objections to the conditions with planning staff as it may be possible to alter conditions after such discussion. PR RG t S L Pt-AIV 51-87 If you should have any questions concerning this project, you are welcome to contact the Community Development Department for assistance. Sincerely, Doug avidson Associate Planner DD/dd cc: Cuesta Engineering Attachments: Exhibit A - Location Map Exhibit B - Grading Plan Exhibit C -. Findings for Approval Exhibit D - Conditions of Approval \ OP CL Ob ?'�O,\ \o JA ►uyY �1 3ipb`� _ �L \ O ` e,►e v \ \\\ �r o' \� ' i �--' �'�r .. - � ��u�►fit \�� ' � � MN63 S,► Oro b►o r Cf) I � Z \ avol 01 ° 0v y O,b— \� / Cf)f) o v' O // 00 �1 I _ , y, rO Ob- t 1 1 a ? Ten writ• �r..aw R.. � � \ x j;'., Z •w aw.a.. n[» i VI MITY MAP r •r/"�w�cJ/r s \ • �� ` �rtnnwa.naw �� w f � I •.ru J.p wr � — -- ' .tlRt • � AfA.. ` •.GMT .��•� � �J .r/r..+w.•s LALM— Ell M.e �Ae ��i �• A 1 � o r•.ra. -= _ EMA t L 1T 15 Exhibit C - Findings for Approval Precise Plan 51-87 8305 San Gregorio (Kiel/Twin Cities) 1. The proposed project or use is consistent with the General Plan. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The proposed project is in compliance with the City' s Appearance Review Guidelines. EXHIBIT D Conditions of Approval Precise Plan 51-87 8305 San Gregorio (Kiel/Twin Cities) 1. All construction shall be in conformance with Exhibit B (grading plan) , Exhibit D (conditions of approval) , and all -other codes and ordinances of the City of Atascadero. Any modification to this approval shall be approved by the Community Development Department prior to implementing any changes. 2. Plot plan shall show all proposed utility locations, including gas, water, electric, and sewage disposal. This includes detailing where the utilities are located in the street and how they are to be brought to the residence. Utility plan shall also indicate the utility easements affecting the property. 3.- Plot plan shall show and reference offers of dedication, .as well as any other easements cited in the title report, such as the hiking and bridle trail. 4. `- Title report does not list the applicant as the property owner. Proof of ownership is necessary prior to issuance of building permits. 5. Driveway (access road) sections in excess of 12% average slope shall be paved and all slopes less than 12% average slope shall be of all-weather surface. Driveway slope cannot exceed 20%, with a required minimum width of 12 feet. Proposed access road shall be improved to these standards. Driveway plan shall also show all lots to be served by this access road. 6. A private road name shall be established for the paved private road serving this parcel, prior to issuance of building permits. The written request for a road name shall be accompanied by a map showing the road in its entirety and all lots that it serves. A preliminary review indicates no problems with La Canada, however, the name needs to be officially established. 7. This precise plan is approved for one year from the date of final approval (February 12, 1988) . I 7 k :. Y 7 e � t j 4p* !T-7, y t I TO: Tty 'Clounc'i fi v VIA: _ Paul 5ensibaWgh, Acti ng Ci ty- Mi ar e-r FROK: Henry E,ngen, C6Mmunity Development of root r, 7,d , � 4 SUBJECT; Acceptance of, Final Parcel ttap 3-87 R . LOCATION: 9005 Atascader o' Ave: APPLttAftT' "Robert B . & S rtha Shultz (Thomas �', B"ufab' e,r) , On 'stay ,f , i9�87 the—City Council approved"�),.P r o- ' subject" �t€- certai-nconditions and , in "- oncur,r nci�fj�#� ' recommendation of t:h Planning .CommiSsiori. The, condi-tions - have been oomplied withhand, the " 'f in il recomr needed for approval . HE *pe � cc : Rober-t 8. - & oBertha, 8hoTtz �Thomas�. E. 8atlmbeer G L �j. � 9 I Avg ti wy i o <f * ty t IN r. ��',�.� ` � 1+ »• ��yam,.Y,�, y / � �s r, `,t.. �i #, } KIS } IQ t Lu� p f £$ Y f. Ap VO City Co �i ° 7 S, k Y . P t ib�uc�I1, Al ting City 144a, k rr Fit: Lngonf community OijV40 # 4 Ac 4 }k S JI ': , ,. t Of 'Lot Lire AdjAid a A/ea,litc►Vy at Holmes,, 1,4 r 1 OU J E1�S y w'3+ 't.'1988 .the -,Cit z Counal, ,` #s� �» y� 11 ?, Aibj ec vo -certain ccind.it i��= andin ecoMmondatic the P1enn .n .! Commis ' conditions .,: ecap 'ied wt ,J�yyam�}} pp� {{' ee�FF 4+ ] y+ �+�L"y ! 4F+mont �.iki ,r4W Rrhdod.'' i,o C�ppii.,af VsY 1 1 yl ✓ � r � a«cc T.EHST W. CueSt $ineetin ' i f 14 i An 5 k f i s CITY OF ATASCADER EXHIBIT B LOT LINE ADJ. O 10635 Realito Road rlpl:•� �• , , LLA 17-87 • —s COMMUNITY DEVELOPMENT Holms/Lahrsen/Cuesta . DEPARTMENT ws f t✓r:ry ' I ala I` � , 1 . , • � ` '+ 1 1 .'I of r a...•.q. . � .iivct`t/ r • Af)?'I 11 ' ' , !•OIL!KRL3 • I ' �I i I �-+��:� ,,' .' 4I I ' l✓r�:Jtt ', 'I � (• �.,.,�`. �y I wa,,m• d tnw f �.f• .. I I , /�.^'a'f sur -- nr^°'ri / / �.�i.a•'t"N..:a % 4ifrtr/ t•L�� , , / �yy w •�- J /nar.ror:.sxe•.e+'•fc vlrn f TfNAT/✓C P.ORIfL /•fAP AT 87-262 Kws♦a.+'.wt�r+ewr/,wKt�IC♦ � • � • jnrKte 6;M,utrb.ar a• \ 1 caws b a•+�ws o.••�e. r s!r fu..vr�.w. -- i�• .. . • OI�NE.P3 3T.ITfhENT _.*''•" I cee.•n+ec a,o•`+.rta.e,t s•rr•n• � �,� � _ . ,n••.etcre Z ��:`..:f. fe.t f•: e a .. a io � � i / r CUfST.4 ENG/NfCR/N6 F, IrewftfC,"v /tf . - I �•P rffr•ew•..sfs • ME, M0RANb- UM � April \ r TO City Council r VIA: Paul Sensibaug4 Acting city Manager \- j r,ROM Henry Engen, Community Development Direidtor SUBJECT: Acceptance of Lot acne`Adjustment 9-86 LOCATIQN: 11255, & - 11305 San Marcos Road 2 APPLICANT: Brian, Ln neer On November 2,4,, 198'7, , the City Council apgroVed Lot, Adjuktment,- 9-86, subject to certain conditions €n `in � concurrence urrence with the recommendation of the a -Planning'C as", on The required 'conch tins have been =complied with. and thez:f 1 lit line;adjustment is recommendedfor+, ,approval HE:ge _ J T 77777 �. cc: Brian &Kathryn W. 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' �A y�+ ' spy * �y @ yp� �¢ �3'� ` 3�}y, 8 g F i v y *f� �, 1 mm�],�. as 4i1Y'�iien� X T�� havo � Ota 1,R��4t-"Ia�+4i#,f' � �� � �l� J�,,Y- J' �IW1 .., >s � a'k , �: tri ` � , ` to ; vc or r scra. . t '., il _, - 11 t 11 i t # ► � :r �� r ', I-�sf t wos4&w ,-3p stbe- , ., y, 11 `t i.. �'it �! - fat �t. iVr.. l� c� 2 fir` - fi ' r 3 `. . r � Mays ` t s. - j� „ _ , '"r { 1 1riA �nS1*XrT�. +4 vL tRSii�P.+W ii �w 1Td' 1'ii iii. +MNa{. �` rI'l1 R4-% r F xh x 1 =« " Ire a - ;; 1 _ c e t'Ei a Axa � �1 1 - � r ro- L3 3V 1v t y �` t € f" '7 i _ 11 h � AA11 I I 11 r fi ` Y d11 " ', - � .) t, ` r.: x �,� c� 10 r.. 1. a � r0, 'c�.: r*, , 1 „ #rte`!✓'J' $r } r� - 8s1 "S t;�'' 11� 4s ^�'S ,- em At�iENQA � / QAT ITEIM� '� • M E M O R A N D U M TO: City Council April 26, 1988 VIA: Paul Sensibaugh, Acting City Manager FROM: Henry Engen, Community Development Departmentl�L SUBJECT: ZONE CHANGE 3-88 LOCATION: City-Wide APPLICANT: City of Atascadero (at the request of Vineyard Christian Fellowship) REQUEST: To amend the Zoning Ordinance text to make churches an allowed use on in interim basis in the CS (Com- mercial Service) and CPK (Commercial Park) zones . • BACKGROUND: At their April 5, 1988 meeting, the Atascadero Planning Commission conducted a public hearing on the above-referenced zone change request. On a 6 : 0 vote, the Commission recommended approval of Zone Change 3-88 with amendment to require approval through the conditional use permit process rather than through the precise plan process. There was discussion and public testimony given as referenced in the attached minutes excerpt. RECOMMENDATION: 1) Read by title only 2 Approval of attached Ordinance pp No. 169 on first reading. g HE :ps cc : Chris Zillig, Vineyard Christian Fellowship Attachments : Staff Report - April 5, 1988 Minutes Excerpt - April 5, 1988 Ordinance No. 169 STPJ 01 lR: uuniog Comil Te ann BY4, amp Pi hec to chum : ,in- A�.low". use� oxi i tdoeo TkeCity �'t o cel �ni iit�+d;` 1 k 0 � C t c a e e s "' h+ jar z i x�r�Lan 1r# # # ##>#'# • • # # ♦iY iii • # �'�# #�'#�F i{.��vit7r d" Christi aii e tIve, a .*Chris Al , � +s � iM # k-# + sir • i ♦d�( # wX t id�; + +fin a�+*W* P 1 w s., ' twomtopeiaL PA , or March ,22.,E : St AU i thin tx a e' Clikosiffod as, t3.4�ra ie (Rita . °C _' '}: r .. tradit caes Fi lc�cat � wed es s 4 res serve- ""aee� rs# area neer ,r�s�d�� �� 1 tit a ." h--9 `petr {� ,; .CN; ae�, GP° xrs) 3; avol :.Ian is is# 2 Churches have not been allowed to locate in the CS (Commercial Service) and CPK (Commercial Park) zones or any Industrial zones in Atascadero. These exclusions have been made in order to "protect" the heavy commercial and industrial zones from inappropriate development. The limited amount of land suitable for heavy commercial and industrial uses in this City requires such protection to safeguard future economic base development. The current proposal is to allow churches to locate in the CS and CPK zones on an interim instead of a permanent basis. This proposal is predicated on the apparent "over-built" condition of the commercial sector. This contention is supported by the - findings of the Draft Economic Base Analysis prepared by Economic Research Associates as part of the City' s General Plan up-date. The intent of this proposal would be to allow churches to locate in these zones until such time that the space is required for commercial purposes. -- Allowing churches to locate in the CS and CPK zones on an interim basis could provide a couple of benefits. First, the owners of certain commercial properties that would otherwise not be rented would receive some return on their investments. The second benefit would accrue to the new or small church that may not be able as yet to afford its own permanent facility. This rational has found favor in several other cities in this County. Most recently, the City of San Luis Obispo amended its Zoning Ordinance to allow churches to locate in their C-S zone. Most of the concern that Staff has previously expressed regarding churches in heavy commercial areas has been related to the need to protect these areas for their primary function. If churches are allowed as an interim use pending more complete commercial development, this concern is eliminated. Other concerns relative to compatibility problems (eg. , noise, parking, hours of operation, etc. ) can be adequately mitigated through conditions of approval and construction techniques. Section 9-6. 121 of the Zoning Ordinance contains those special conditions required for the establishment of churches in those zones where currently allowed upon approval of a CUP. The addition of several new provisions to that Section of the Ordinance could provide the parameters necessary for the approval of churches as interim uses in the CS and CPK zones. These ?.parameters should cover: (1) allowed accessory uses; (2) days and hours of operation; and, (3) the length of the entitlement. In order to avoid conflict between other commercial activities and church uses, some of the accessory uses associated with churches may need to be restricted. Daycare facilities, gyms and accessory residences will not be appropriate in heavy commercial areas. Likewise, the days and hours of operation should be limited to Sundays and week nights after normal 3 business -hours. Finally, the entitlement must be limited to insure that the use is truly an interim one. Staff believes that with attention to these items, approval for such uses can be handled through the Precise Plan process avoiding the need for Conditional Use Permits for interim uses. If the proposal to allow churches as an interim use in the CS and CPK zones is approved, it will be very important to maintain close scrutiny of the amount of commercial space that is devoted to noncommercial uses. This data will need to be compared to changing demand for commercial space to insure that the existence of the churches does not exert an unhealthy influence on the market for commercial space. If it is determined at some point in the future that the excess of commercial space has been used, it may be necessary to reconsider the use of such space by churches. This monitoring function can be established at the Staff level. RECOMMENDATION: Staff recommends approval of Zone Change 3-88 to allow churches to locate in the CS and CPK zones as interim uses. The Planning Commission should recommend that the City Council adopt the attached draft Ordinance to the City Council SLD/ ATTACHMENTS: Exhibit A - Letter from Applicant Exhibit B - Draft Ordinance EXHIBIT A i CHRISTIAN FELLOWSHIP March 9 , 1988 Planning Commission 6500 Plama Ave . Atascadero , Ca. 93422 Dear Commissioners , We, Vineyard Christian- Fellowship, are making application for a text amendment to allow churches , temples , and synagogues in Commerical Park zones on an interim use basis. As a six year old congregation of 150+ people, we have rented a facility on a once a week basis from the Atascadero School District . With our present facility available on a temporary basis and with the obvious limitations of having to set up and take down chairs , sound equipment , furnishings, ect . , it has . caused us to look continually for a more suitable facility. Because of the tremendous lack of existing assembly type buildings , we have explored purchasing land and constructing as well as renting and remodeling a building in an allowable zone. Constructing a building to accomadate a congregation of our current size is cost prohibitive and suitable facilities in present zoning usage is also prohibitive . We have located suitable facilities in Commerical Park zoning. We believe reasons for a text amendment in Commerical Park zones are numerous as well as logical and hopefully favorable. We also believe an interim usage of 5 years would be a reasonable time frame to benefit existing commerical vacancies . 1 ) The first consideration is use compatibility. Presently Commerical Park is an allowable use for Public Assembly facilities . Public Assembly uses have many parallels to church usage. Church usage takes place primarily on Sunday and off-business hours , therefore there is little or no conflict with existing businesses . In Commerical Park zones parking standards accommodates church parking requirements . 2 ) The second consideration is use of existing commerical building space . According to an independent study by Economics Research Associates (E.R.A. ) , the city of Atascadero is at a near term over-built commerical market . P.O. Box 2356 . Atascadero, CA 93423 . (805) 466-7389 5 � CHRISTIAN FELLOWSHIP E.R.A. ' s recommendation for adaptive use of existing commerical structures supports our consideration of. a text amendment for interim use . Most Commerical Park zoning is presently outside the 21 mile (San Anselmo to Santa Rosa) redevelopment strategy by the E.R.A. , thus location of churches in Commerical Park would be outside of the city ' s development strategy. 3 ) The third consideration is the precedent of othe local cities that presently allow church use in equivalent Commerical Park zoning: Paso Robles , Grover City, San Luis Obispo as well as Santa Barbara, Santa Paula, Thousand Oaks , Ventura, Camrillo, Newberry Park, Moor- park, Anaheim, Santa Ana, Tustin and Irvine . 4) The fourth consideration is one that may not be so obvious . Due to the recent increase of theft and burglary in Commerical Park businesses , off-business hour use may help in crime prevention for thses areas . The concept of a 5 year interim use is beneficial to a young, growing church to become established in this incubation period. This time frame also allows the city to evaluate these types of adaptive zoning uses . In addition to thses considerations , the following churches have indicated their endorsement of a text amendment for church use in Commerical Park zoning. Christ Chapel - Pastor Steve Boggan Christian Church - Pastor Scott Bond Four Square Church - Pastor Tom Gaddis We would like to thank you for your consideration of this request . Sincerely, Chris Zillig Representative/Vineyard Christian Fellowship CZ/g1 P.O. Box 2356 . Atascadero, CA 93423 . (805) 466-7389 • • EXHIBIT B ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT TO ALLOW CHURCHES AS INTERIM USES IN THE CS (COMMERCIAL SERVICE) AND CPK (COMMERCIAL PARK) ZONES (ZC 3-88: VINEYARD CHRISTIAN FELLOWSHIP) WHEREAS, the proposed zoning text amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; 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 WHEREAS, the Atascadero Planning Commission held a public hearing on April 5, 1988 and has recommended approval of Zone Change 3-88. 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 3-88 is approved to change the text of the Zoning Ordinance as shown in the attached Exhibits A, B, and C which are made a part hereof by reference. 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 Ordinance # 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 call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director EXHIBIT A CS (Commercial Service) Zone 9-3. 231. Purpose: This zone is established to provide for light manufacturing and large lot service commercial needs of the residents of the city and surrounding areas. 9-3. 232. Allowable Uses: The following uses are allowed in the Commercial Service Zone. The establishment of allowable uses shall be as provided by Section 9-2. 107 (Plot Plans) and Section 9-2. 108 (Precise Plans) : (a) All uses listed as Allowable Uses in the CR (Commercial Retail) Zone (b) Wholesaling and distribution (c) Light repair services (d) Storage yards (See Section 9-6. 140) (e) Apparel and finish products, where areas of use are less than 5000 square feet (f) Electronic and scientific instruments, where areas of use are less than 5000 square feet (g) Furniture and fixtures, where areas of use are less than 5000 square feet (h) Animal hospitals (See Section 9-6. 110) (i) Auto Repair and services (See Section 9-6. 168) (j) Laundries and dry cleaning plants (k) Stone and cut stone products, where all areas of use are less than 5000 square feet (1) Contract construction services (m) Food and kindred products (See Section 9-6. 128) • (n) Kennels (See Section 9-6. 111) (o) Churches (Interim Use Only - See Section 9-6. 121) EXHIBIT B CPK (Commercial Park) Zone 9-3. 251. Purpose: This zone is established to provide for large lot commercial and light manufacturing uses. It is intended that special attention be given to providing for comprehensive development plans to achieve appropriate functional relationships between various uses and preclude "piecemeal" development of existing larger lots. 9-3. 252. Allowable Uses: - The following uses shall be allowed in the Commercial Park Zone. The establishment of allowable uses shall be as provided by Section 9-2. 107 (Plot Plans) and Section 9-2. 108 (Precise Plans) : (a) Apparel and finished products (b) Automobile, mobilehome and vehicle dealers and suppliers (See Section 9-6. 163) (c) Auto repair and services (See Section 9-6. 168) (d) Accessory storage (See Section 9-6. 165) (e) Broadcasting studios (f) Building materials and hardware (See Section 9-6. 165) (g) Business support services (h) Collection stations (See Section 9-6. 130) (i) Contract construction services (j ) Electronic and scientific instruments (k) Farm equipment and supplies (1) Food and kindred products (See Section 9-6. 1280 (m) Fuel and ice dealers (See Section 9-6. 129) (n) Furniture and fixtures (o) Horticultural specialties (See Section 9-6. 116) (p) Laundries and dry cleaning plants (q) ' Light repair services (r) Mail order and vending (s) Roadside stands (See Section 9-6. 117) (t) Sales lots (See Section 9-6. 139) (u) Schools - business and vocational (See Section 9-6. 125) (v) Small scale manufacturing (w) Stone and cut stone products (x) Temporary events (See Section 9-6. 177) (y) Temporary or seasonal sales (See Section 9-6.174) (z) Utility transmission facilities (aa) Vehicle and equipment storage (See Section 9-6. 183) (bb) Wholesaling and distribution . (cc) The following uses when established in conjunction with a commercial center containing at least one major commercial tenant with a minimum of 20, 000 square feet of floor area: (1) Eating and drinking places (2) Financial services (3) Food and beverage retail sales (4) Furniture, home furnishings and equipment (5) General merchandise store (6) Health care services (7) Offices (8) Personal services (dd) Indoor Recreation (ee) Churches (Interim Use Only - See Section 9-6. 121) EXHIBIT C • 9-6. 121. Churches and Related Activities: Religious meeting facilities are subject to the following standards: (a) Location: Church facilities shall be located on a collector or arterial. (b) Limitation on Use: When located in an RS, RSF or LSF Zone, related activities may be limited to a Sunday School, an accessory residence, and small meeting rooms. Schools, gyms and facilities other than the sanctuary designed for large gatherings may be prohibited. (c) Interim Uses in the CS and CPK Zones: A church may be allowed as an interim use in the CS or CPK Zone, subject to the following standards: (1) Related activities shall be limited to a Sunday School and small meeting rooms. (2) Days and hours of operation shall be limited to . Sundays and week nights after normal business hours. (3) The initial entitlement to operate shall be limited to a period not to exceed three (3) years. Thereafter, the Planning Commission may grant a one-time extension not to exceed two (2) years. (4) Initial approval to operate a church in the CS and CPK Zones shall be accomplished through the Precise Plan process. Minutes - PlanningSmmission - April 5, 1988 • 8. ZONE CHANGE 3-88: Request initiated by the Vineyard Christian Fellowship to • modify the Zoning Ordinance text to allow churches in the CS' - (Commercial Service) and CPK (Commercial Park) zoning dis- tricts on an interim basis. Mr. Decamp presented the staff report and provided a background involved in the initiation of this request. Recommendation is for approval of the zone change. He then responded to questions from the Commission. Discussion centered around the time limitations for the entitle- ment; days and hours of operation (Saturdays vs. Sundays, after normal business hours) , etc. Chris Zellig, applicant, spoke in support of the application and noted he has been working for this change for over two years.", Bonita Borgeson, 4780 Del Rio Road, referenced Exhibit C (c) con- cerning approval through the precise plan process and felt this should beaccomplishedthrough a conditional use permit process. Steve LaSalle felt that Exhibit C (c) (2) concerning days and hours of operation should be reconsidered. Mike Tobey, area resident, spoke on this same issue stating he is in a business complex in which a church wants to locate. He talked about the difficulty with church hours on Saturdays and how this could affect businesses. He felt the ordinance is adequate the way it is presented. Discussion continued with regard to consideration of the condi- tional use permit process being utilized. Commissioner Kidwell felt that Exhibit C (c) (2) should remain as proposed citing possible parking problems, etc. MOTION: Made by Commissioner Bond and seconded by Commissioner Hatchell to recommend approval of Zone Change 3-88 as reflected in the draft ordinance, but with amendment to Exhibit C (c) (4) to change from a precise plan process to the conditional use permit process. Mr. DeCamp clarified changes necessary to Exhibits A and B which would change the wording from "Interim Use Only" to conditional use which would then eliminate the need for c-4 in Exhibit C. Commissioner Bond amended the motion to recommend dele- tion of c-4 in Exhibit C. The vote carried 6 :0. Chairperson Nolan called a recess at 9 : 25 p.m. ; meeting reconvened at 9 :40 p.m. 9. APPEAL: 6 ORDINANCE NO. 169 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT TO ALLOW CHURCHES AS INTERIM USES IN THE CS (COMMERCIAL SERVICE) AND CPK (COMMERCIAL PARK) ZONES (ZC 3-88: VINEYARD CHRISTIAN FELLOWSHIP) WHEREAS, the proposed zoning text amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; 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 WHEREAS, the Atascadero Planning Commission held a public hearing on April 5, 1988 and has recommended approval of Zone Change 3-88. 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 3-88 is approved to change the text of the Zoning Ordinance as shown in the attached Exhibits A, B, and C which are made a part hereof by reference. 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 Ordinance # 169 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 call vote: AYES: NOES: ABSENT: DATE ADOPTED: By. BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney PRE AREDBY: HENRY ENG , Commu51ty Development Director EXHIBIT A CS (Commercial Service) Zone 9-3. 231. Purpose: This zone is established to provide for light manufacturing and large lot service commercial needs of the residents of the city and surrounding areas. 9-3. 232. Allowable Uses: The following uses are allowed in the Commercial Service Zone. The establishment of allowable uses shall be as provided by Section 9-2. 107 (Plot Plans) and Section 9-2. 108 (Precise Plans) : (a) All uses listed as Allowable Uses in the CR (Commercial Retail) Zone (b) Wholesaling and distribution (c) Light repair services (d) Storage yards (See Section 9-6. 140) (e) Apparel and finish products, where areas of use are less than 5000 square feet (f) Electronic and scientific instruments, where areas of use are less than 5000 square feet (g) Furniture and fixtures, where areas of use are less than 5000 square feet (h) Animal hospitals (See Section 9-6. 110) (i) Auto Repair and services (See Section 9-6. 168) (j ) Laundries and dry cleaning plants (k) Stone and cut stone products, where all areas of use are less than 5000 square feet (1) Contract construction services (m) Food and kindred products (See Section 9-6. 128) (n) Kennels (See Section 9-6. 111) 9-3. 233. Conditional Uses: The following uses may be allowed in the Commercial Service zone. The establishment of conditional . uses shall be as provided by Section 9-2. 109 (Conditional Use Permits) : (a) Amusement services (b) Warehousing (c) Vehicle and freight terminal (d) Service stations (See Section 9-6. 164) (e) Caretaker residence (See Section 9-6. 104) (f) Transit stations and terminals (g) Public assembly and entertainment (h) Indoor recreation services (i) Outdoor recreation services (See Section 9-6. 123) (j) Apparel and Finish products, where areas of use exceed 5000 square feet (k) Sports assembly (1) Electronic and scientific instruments, where areas of use exceed 5000 square feet (m) Furniture and fixtures, where areas of use exceed 5000 square feet (n) Glass products manufacturing (o) Pipelines (p) Stone and cut stone products, where all areas of use exceed 5000 square feet. (q) Churches (Interim Use Only - See Section 9-6. 121) 9-3. 234. Lot Sizes: There shall be no minimum lot size in the Commercial Service Zone. i EXHIBIT B CPK (Commercial Park) Zone 9-3. 251. Purpose: This zone is established to provide for large lot commercial and light manufacturing uses. It is intended that special attention be given to providing for comprehensive development plans to achieve appropriate functional relationships between various uses and preclude "piecemeal" development of existing larger lots. 9-3. 252. Allowable Uses: The following uses shall be allowed in the Commercial Park Zone. The establishment of allowable uses shall be as provided by Section 9-2. 107 (Plot Plans) and Section 9-2. 108 (Precise Plans) : (a) Apparel and finished products (b) Automobile, mobilehome and vehicle dealers and suppliers (See Section 9-6. 163) (c) Auto repair and services (See Section 9-6. 168) . (d) Accessory storage (See Section 9-6. 165) (e) Broadcasting studios (f) Building materials and hardware (See Section 9-6. 165) (g) Business support services (h) Collection stations (See Section 9-6. 130) (i) Contract construction services (j) Electronic and scientific instruments (k) Farm equipment and supplies (1) Food and kindred products (See Section 9-6. 1280 (m) Fuel and ice dealers (See Section 9-6. 129) (n) Furniture and fixtures (o) Horticultural specialties (See Section 9-6. 116) (p) Laundries and dry cleaning plants ! • (q) Light repair services (r) Mail order and vending (s) Roadside stands (See Section 9-6. 117) (t) Sales lots (See Section 9-6. 139) (u) Schools - business and vocational (See Section 9-6. 125) (v) Small scale manufacturing (w) Stone and cut stone products (x) Temporary events (See Section 9-6. 177) (y) Temporary or seasonal sales (See Section 9-6. 174) (z) Utility transmission facilities (aa) Vehicle and equipment storage (See Section 9-6. 183) (bb) Wholesaling and distribution (cc) The following uses when established in conjunction with a commercial center containing at least one major commercial tenant with a minimum of 20, 000 square feet of floor area: I (1) Eating and drinking places (2) Financial services (3) Food and beverage retail sales (4) Furniture, home furnishings and equipment (5) General merchandise store (6) Health care services (7) Offices (8) Personal services (dd) Indoor Recreation 9-3. 253. Conditional Uses: The following uses may be established in the Commercial Park Zone. The establishment of conditional uses shall be as provided by Section 9-2. 109 • (Conditional Use Permits) : (a) Caretaker residence (See Section 9-6. 104) (b) Chemical products (c) Concrete, gypsum and plaster products (d) Machinery manufacturing (e) Paving materials (f) Pipelines (g) Plastics and rubber products (h) Public assembly and entertainment (i) Recycling and scrap (See Section 9-6. 131) (j) Textile mills (k) Transit stations and terminals (1) Vehicle and freight terminals (m) Warehousing (n) Bed and breakfast (o) Glass products (p) Lumber and wood products (q) Paper products (r) Structural clay pottery products (s) Amusement services (t) Churches (Interim Use Only - See Section 9-6. 121) 9-3. 254. Lot Size: The minimum lot size in the Commercial Park Zone shall be two acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Park Zone. i • EXHIBIT C 9-6. 121. Churches and Related Activities: Religious meeting facilities are subject to the following standards: (a) Location: Church facilities shall be located on a collector or arterial. (b) Limitation on Use: When located in an RS, RSF or LSF Zone, related activities may be limited to a Sunday School, an accessory residence, and small meeting rooms. Schools, gyms and facilities other than the sanctuary designed for large gatherings may be prohibited. (c) Interim Uses in the CS and CPK Zones: A church may be allowed as an interim use in the CS or CPK Zone, subject to the following standards: (1) Related activities shall be limited to a Sunday School and small meeting rooms. (2) Days and hours of operation shall be limited to Sundays and week nights after normal business hours. (3) The initial entitlement to operate shall be limited to a period not to exceed three (3) years. Thereafter, the Planning Commission may grant a one-time extension not to exceed two (2) years. • „- 4 441 } IEMt7tANTUM . 1 I i TO: City Council i1 26 l -. , VIA: Paul Sensi aujh, Acting,City Manager � FROM: Henry Engen,, Community, Development Director � r SUBJBCT'v,, Request by AtaAcadero Unified School istric"t for t Ri ! of City Ordinance No. 107 BACKgigMD: The Council considered the attached letter from Brnie,.Tayl.6rir ', �usin+ �a z Manager of the Atascadero Unified School Distridt, at. y9,ur Apr.i 1988 meeting and directed a public hearing oil held onApri1. , 188 ' "to .consider thi-s;request. Ordnunrent "sunset" clause in the C%ty'. Interim- Scar *�'acil'�tThe ,e�, a ce expires on' July -22, 1988:' The `S+�hoc�l ��.4tric�t,-r�pur goat more recent ,State -1 islation 'current3 ” t y charges a. '. ..,� � �� per e foot for residential construction --and , 25' cents: per qt re foot- for commercial. C�dinance No. 187 fees are )designated in, the-Jt Account a�g � -3 r . �" as having be+ew -collected under City Ordinance" No„, 107, iththe dlif'� ; ” ference collected under the more recent l is :at on., , , this' al =dna district an additional sa.fequard from any lega3 laws with rspeot to ;the funds collected under tJ�cdnance' Nom . k It does . not charms the amount of 'money currently, charge by,", # r� distric"t,` prior to City ,issuance of building permits. REC0MMNDATtjON; Add an add itional;'"three (3) years to the current "suatetCIauso _ gra' 1. Reading ,by�title ,only, and 2. Approval of. "attachedOrdinance No. 172'' on{ first,- reaoing Hj�.ph cc: Ernie Taylor Attachments: March 25 ,188 Communication from. A"UU ; Lira€t 0-0inonce No. 172, 9 Vhere sWents and th+il r educatit'n are paramount" , 6spo�irrww AM r ANTHONY , VINA,-F.4,0L ATAWA ict ,upetmnt t js (401i) March 25. 1988 r <. Hen r r , r � commun tty, Deve i opment al reg for ' City' of Atcaaderc Atasscaai.lero,. CA `,,9;342) ear Henry,- The School .Q i tr`i ct Admi a i sA r`ot�i on has �r�ert rreviri th+e of. Atas :adet' Ries lrrtia�n, +6� �9� - sick 'eras adorp�t.ed �3u�1y;23, � �, :arid ti tyly ? i.nanca ,No. ,071 eh as, d i ted Jun '. €, : 19 8 _ . Oen`page ,. �� � critnce `.i<hr . i s �a .'vunset c1'epse wh�_+ n - A wau 1 d .azutomot i£a t 'l y rep�aa trier rc� n rr�ca three (8) years �� the effetti:ve date of the ordi.raance. 1n 19 ' siaturey,.:enacted', a �numbe.r cf hi11t� ii i ����� od"',.` school � .tr tee la�ath-dpi ty to 1/evy sch cal aci th it teg i t i oh'. pi-ov i de that O s t r i c t -wi th the, necessary author f ty, have m ,. we haven.Adv et) `hy: ou .' I ega E � cddnse 1' tha>t' .i'tT �� �n the feat interest. .,.of; the, Dittri ct to', C ep the' S&: 201 fees, art, Au t !1' d in QrdI ce No 107, irk 'p,!o e,: The reforc ; ; ria schoal' t)iitr;ictu1'd ratquest that. Crinalnce 1a �,,: Ft sa I ut i on 6 85° i f net ti ory i e pi aced en .,:the C Ity~ Cou t"IJ •. agenda(9 V_ for r.ene*ai, in; as t'imely manner to meet:,04.tuntet, date: Should tau ,crr 'Jeff .1'orge"Aon-, titre Citjt= Attigxrney, `have\ anti:a► regardita lt�fai�': matter, pia&se d` n' hes! tca centact our a r y, Steve Hari t .e1 Scktoeals .1 gal S+e�vice Qf` i�eker�f3i id 'at JET : ' i, X98--3830. Sincerely, _ a r But i ness lama eC r EWTrrr cc Arith y' ,AVUno ' Ed-.D,' , DUstrict Saperintendent ' S tee1 erts.t«.1L, Schcci .`t..egal`:Service � r- Garrisa blains el+arnenlary . Creston E*M$r#tlry + 14rts-AyAftge trY • erre .i t � > s , ri ie r► tart' • +t 6 sR Llerl�amary< /h p r tnl�iGr° 19f1 pyo { Atamidero Srnietr High Schocsi • A Adult Sdwol :• Oak fills ccttirwatiun Flip , ORDINANCE NO. 172 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING SECTION 4 OF CHAPTER 6 OF TITLE 3 OF THE ATASCADERO MUNICIPAL CODE TO EXTEND THE SUNSET CLAUSE OF THE CITY'S INTERIM SCHOOL FACILITIES ORDINANCE WHEREAS, the proposed ordinance amendment has been requested by the Atascadero Unified School District in furtherance of its' objec- tives to provide necessary school facilities; and WHEREAS, the proposed amendment does not affect previously approved fees to be collected thereunder; and NOW THEREFORE, the Council of Atascadero does ordain as follows: Section 1. Section 4, Chapter 6, Title 3 of the Atascadero Municipal Code is hereby amended to read as follows: • "This Ordinance shall be automatically repealed and have no further effect six (6) years from the date of its' final passage. " Section 2. 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 in the Book of Ordinances of this City. Section 3. 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 , the foregoing ordinance is hereby adopted in its entirety on the following roll call: AYES: NOES: ABSENT: DATE ADOPTED: By: i BARBARA NORRIS, Mayor �! City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: PAUL SENSIBAUGH, Acting City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: HENRY ENGE Community levelopmQ�Director jo 11 r it t #9 i` TO: City Council Aprils ,',': ,g ` VIA. Pain S+ nibaugh;, ActingCity manager FROM: Henry Zng4n, Community Development Dira6ctor' � SUBJZCTt, Proposed Tr,,ee ,Cca�nmittee Ordinance and Appoi nt o£ Members At the City Council's' April 12, 1988 meeting-j, staff � direote�i' -:,to_ brkng forth an ordinance formalizing the Atasc Ar€o Tr. e,' � appointing members thereto.ANALYSIS b The attached draft ordinance was crafted, fromJ tt t i 41A pry, ed �. by that Tree Committee USA�,� with responsibilities � draw afro a; the,,Tree Committee's earlier .co reh4psive' r e�s+datio � . hie ` City Council., In summary, it, provides as follows: r , ' 1. Seven member 'committee with staggered thine year �. 2. Initial appointment of existing Tree, C it-t6et erp .for ; months to, act in an oversight tole-, unci to prov*�4 . O ti s 9 on the 'Tree Ordinance," at iihat tize. ' r 3. Specific advisory functions and duties. A,s, outlined in; fie, .at't � draft ordinance. 4 1�ECE7M i DATION: Folloeoing discussion and public, hearing: -1. Read Ordi nc,e No. ,I"f'I by; title only, - t rF � x a A Adgp'kAad ok Ord in+ T1 O§ t c 4 ' � �� ,- `' ,kyr { E f q r O6f.4f. a i3` � lry�c, yy� G x in t VYr' '' ✓ 5 f� ,^R r / 41 As °-: a p L 3f K c t E i r f e , z Nan oil `'ILI - x r ms M i x t - xt k 4 k TUN4. Vol s, u " s , � yk re. tr `wQf tieVol On zW Mt d, ', r '-' t' i+.,rtEr s 3' )a'§ t - aSAS f ;ai ix 'Mix 9 .r � fN �r ? ll k" x MEMO- .moi 4 a 4.4 a r tout f ISO ORDINANCE NO. 171 AN ORDINANCE OF THE CITY OF ATASCADERO ADOPTING CHAPTER 19 ESTABLISHING THE ATASCADERO TREE COMMITTEE WHEREAS, the Council of the City of Atascadero has appointed an Ad hoc Tree Committee to prepare recommendations for the management and protection of trees in the City; and WHEREAS, said committee has completed this aspect of its charge, leading to the approval of Ordinance No. 168, "Tree Ordinance" ; and WHEREAS, said Ordinance requires that the Tree Committee advise Council on certified arbor-ists to insure compliance with the City' s tree protection goals and objectives; and WHEREAS, there are other matters in the City requiring advice relative to preserving natural flora and fauna; and WHEREAS, it is the desire of the Council of the City of Atascadero to have a standing Tree Committee to serve in this advisory capacity; . NOW THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Chapter 19 is added to Title 2 of the Atascadero Municipal Code relating to the Tree Committee, to read as follows: CHAPTER 19. TREE COMMITTEE 2-19 .01. Tree Committee. There is hereby created and established a City of Atascadero Tree Committee which shall consist of seven (7) members, citizens and resi- dences of this City, who shall serve without compensation and be appointed by the City Council. Said members shall be selected to rep- resent a broad range of perspectives in furtherance of the City' s goal to preserve natural flora and fauna within the City of Atascadero. 2-19.02. Term. The term of the seven persons to be appointed shall be three (3) years, except that the initial terms of all members shall be for a six month period, ending on October 25, 1988. Thereafter , three members shall be appointed for terms which expire on August 1, 1990. Four members shall be appointed for terms which shall expire on August 1, 1991. Thereafter, all terms shall be for three (3) years and shall expire three (3) years after August 1 of the date of appointment, ex- . cept those appointments made after the commencement of the term to fill a vacancy or a removal, in which case the term of office shall be for the balance of the unexpired term. 2. 19 .03. Duties and Responsibilities. Duties and responsibilities of the Tree Committee shall include the following: 1. Monitor the effectiveness of Ordinance No. 168 and make recommen- dations for its' administration and modification. 2. Recommend a street tree ordinance and a street tree planting master plan, including the establishment of specific tree plant- ing patterns and details for the City. 3. Recommend a tree management ordinance. 4. Recommend educational programs to encourage the general public to become knowledgeable in tree preservation methods. 5. Recommend guidelines for the protection of trees within the pub- lic right-of-way. 6. Recommend on any question referred to it by the City Council for investigation, finding or report. 2-19.04. Operations. The Tree Committee shall choose its' own officers, make its' own rules and regulations and keep a journal of its' proceedings. A majority of its' members shall be a quorum for the transaction of business. 2-19 .05. Meetings. The Committee shall meet at the discretion of its' elected chair , pro- vided that proper notice of time and place and agenda of said meetings be posted in accordance with the provisions of Section 54956 of the Government Code of the State of California. Section 2. 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 in the Book of Ordinances of this City. Section 3. 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 the motion was approved by the following ro call vote: AYES: NOES: ABSENT DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: PAUL SENSIBAUGH, Acting City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: 4ke' ZA HENRY ENG Community tevelop nt Director RESOLUTION NO. 35-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPOINTING SEVEN (7) MEMBERS TO THE TREE COMMITTEE WHEREAS, Ordinance No. 168 has been established to provide pro- cedures for tree protection in the City; and WHEREAS, said Ordinance amending the Zoning Ordinance of the City of Atascadero calls for advice from the Tree Committee relative to certified arborists; and WHEREAS, pursuant to Ordinance No. 171, the City Council of the City of Atascadero has formally established an advisory Tree Commit- tee; and WHEREAS, the City Council is desirous of having a report in six months on the effectiveness of Ordinance No. 168 and the possible need for amendments thereto, and wishes to utilize the Adhoc Committee who advised on the preparation of that Ordinance in that oversight roll. NOW THEREFORE, the Council of the City of Atascadero does resolve to appoint the following individuals to the Tree Committee for a term le which will expire on October 25, 1988 : 1. Elaine Oglesby 5. Ursula Luna 2. Jim Dulitz 6. John Cole 3. Barbara Schoenike 7. Tim O'Keefe 4. Stubby Fasig On motion by and seconded by the motion was approved by the following roll call vote: AYES: NOES : ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk • i REVISED AGENDA ITEM B. 3 . C. Resolution 35-88 Tree Committee Appointment 4-26-88 RESOLUTION NO. 35-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPOINTING SEVEN (7 ) MEMBERS TO THE TREE COMMITTEE WHEREAS, Ordinance No. 168 has been established to provide procedures for tree protection in the City; and WHEREAS, said Ordinance amending the Zoning Ordinance of the - City of Atascadero calls for advice from the Tree Committee relative to certified arborists; and • WHEREAS, pursuant to Ordinance No. 171, the City Council of the City of Atascadero has formally established an advisory Tree Committee; and WHEREAS, the City Council is desirous of having a report in six months on the effectiveness of Ordinance No. 168 and the possible need for amendments thereto, and wishes to utilize the Adhoc Committee who advised on the preparation of that Ordinance in that oversight roll. NOW THEREFORE, the Council of the City of Atascadero does resolve to appoint the following individuals to the Tree Committee for a term which will expire on October 25 , 1988 : 1 . Elaine Oglesby 5 . Ursula Luna 2 . Jim Dulitz 6 . John Cole 3 . Barbara Schoenike 7 . Steve La Salle 4 . Stubby Fasig Tim O' Keefe, Alternate Livia Kellerman, Alternate • On motion by and seconded by call voter the motion was approved by the following roll AYES : NOES: ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk • APPROVED AS TO CONTENT: PAUL SENSIBAUGH, Acting City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: HENRY ENGEN Community D velopmen Director • APPROVED AS TO CONTENT: PAUL SENSIBAUGH, Acting City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: HENRY ENGE Community velopnAt Director s C ' 9 MEMORAibUM U l PATE 4/19/88 j TO City Council ' VIA: CityrManager FROM; Mike, Hicks, Fire Chef SUB.7ECT: Resolutibu No 28-88, Weed Abatement Program RCE }UNf} City ©rdih.ance No. 61 addresses' the; abatement of r z1 ish, andsimilar materials which :constitute a fire hwz* �i� t tin i 'fir of Resolution , No.. 6-88 is the first step. in 'phis which re4uires Caun6iI action, The attaehed Rxh_t'bi:t "An e6,At parcel numbers' of those parcels which, app+ are _ to rr i.r �'Veed'-. # '. abatement at the time of the -first',? Jr spectio it, -:b they"dive Department, Property owners of those parcel " wz11 robeive written notices orf the ,4batement requa,remente. Also attached is a, weed abatement sdule °,which ihit tri: dates, . of _ public hearings r printing of lea3notices;,,"", c s ; required, under .City ovrmmntCode; Chpte1 ; 4to4.0 .« RECMA,1LA .'TCN I It, is my. recommendation Resolution N€�. �2�-��,, cel pub`.1ic, nuisanoe and commencing - proceedings fog ` skid 'nuisances, be adopted.` r ' FISCAL IMPAOT' Costs involved:' in administering this program are , rceivr " ' through, the a,dpinistra,tive fee charged to part,elo abated ` Oie" r City,ccintraotor. r LE 8 FIRE CHIEF -` MH:Pg, r _ � , I . 11 , ,, , _� ` -1�," , :1 �,� , ---,,,"'," ,�' _Q_T� A."1010- 1g, - . 11 : �*�� 'I'' 1, 4�� �, , ' , � I-, "�,,,, 01, , ,,�, "_',,�_,',;; 1,I, 'YM T"'`- * t Y l �,. c j�` .,/,4 s. �4 !.a�,, ,#'' .i r r I t.I I t r ",j ,: , r , s 4 "fid 1 x rt.1. 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'+:d .�.. /b WEED ABATEMENT - EXHIBIT A PAGE 1 28-021-09 28-061-20 28-141-33 28-171-07 28-215-14 28-021-14 28-061-21 28-151-20 28-171-08 28-215-16 28-021-15 28-061-31 28-151-26 28-172-13 28-215-17 28-021-18 28-061-42 28-151-27 28-172-14 28-241-06 28-031-08 28-061-45 28-151-31 28-172-15 28-242-06 28-032-06 28-061-48 28-151-34 28-172-22 28-242-07 28-032-13 28-062-12 28-151-42 28-181-03 28-242-08 28-032-15 28-062-14 28-151-43 28-181-08 28-251-01 28-032-18 28-062-21 28-151-46 28-181-09 28-251-08 28-032-19 28-062-25 28-151-47 28-181-13 28-251-09 28-032-20 28-062-31 28-151-48 28-181-18 28-251-14 28-032-46 28-062-32 28-151-50 28-181-25 28-251-19 28-032-47 28-071-01 28-151-55 28-181-26 28-251-23 28-032-49 28-071-02 28-151-58 28-181-28 28-251-25 28-032-51 28-071-06 . 28-151-60 28-181-29 28-251-28 28-041-01 28-071-12 28-151-61 28-181-30 28-261-09 28-041-04 28-071-27 28-152-01 28-182-02 28-261-10 28-042-02 28-071-29 28-152-13 28-182-09 28-261-16 28-042-03 28-071-33 28-152-16 28-182-10 28-261-26 28-042-04 28-071-37 28-152-19 28-182-13 28-261-31 28-042-05 28-071-39 28-152-42 28-182-17 28-261-34 28-042-06 28-071-40 28-152-50 28-182-19 28-271-08 28-042-08 28-072-01 28-152-51 28-182-22 28-271-09 28-042-14 28-072-02 28-152-52 28-182-23 28-271-13 28-042-31 28-081-05 28-152-66 28-182-26 28-271-18 28-042-38 28-082-02 28-152-72 28-191-08 28-271-23 28-042-42 28-084-02 28-161-06 28-191-09 28-271-24 28-042-48 28-093-16 28-161-07 28-191-10 28-271-26 28-042-49 28-101-01 28-161-11 28-192-05 28-281-01 28-051-13 28-101-02 28-161-14 28-192-06 28-281-02 28-051-15 28-101-03 28-161-15 28-192-14 28-281-04 28-051-31 28-103-09 28-161-22 28-192-15 28-281-05 28-051-36 28-103-12 28-161-29 28-192-19 28-281-11 28-051-38 28-103-14 28-161-30 28-192-21 28-281-13 28-051-39 28-131-04 28-161-31 28-192-24 28-281-14 28-051-42 28-131-18 28-162-03 28-192-32 28-281-15 28-051-44 28-131-34 28-162-05 28-192-35 28-282-02 28-051-45 28-141-01 28-162-06 28-192-44 28-282-04 28-051-49 28-141-02 28-162-07 28-192-46 28-282-13 28-051-55 28-141-03 28-162-08 28-192-50 28-282-15 28-051-56 28-141-04 28-162-14 28-192-51 28-282-18 28-051-57 28-141-05 28-162-21 28-201-01 28-282-21 28-052-09 28-141-09 28-162-25 28-201-04 28-282-25 28-052-31 28-141-11 28-162-26 28-212-01 28-291-01 28-052-32 28-141-14 28-162-30 28-212-03 28-291-02 28-052-33 28-141-21 28-162-37 28-214-12 28-291-04 28-052-37 28-141-23 28-162-38 28-214-13 28-291-09 • 28-061-02 28-141-24 28-171-02 28-214-18 28-292-01 28-061-06 28-141-25 28-171-04 28-215-07 28-292-04 28-061-13 28-141-30 28-171-05 28-215-09 28-292-05 28-061-18 28-141-32 28-171-06 28-215-12 28-292-09 WEED ABATEMENT - EXHIBIT A PAGE 2 28-292-10 28-322-35 28-372-10 29-022-21 29-062-15 28-292-13 28-322-36 28-372-11 29-022-25 29-062-24 28-292-14 28-322-37 28-372-14 29-022-26 29-071-03 28-292-15 28-322-38 28-372-15 29-023-10 29-071-09 28-292-17 28-322-39 28-372-19 29-023-12 29-071-10 28-301-10 - 28-331-03 28-372-20 29-024-03 29-071-11 28-301-12 28-331-09 28-372-29 29-024-09 29-071-16 28-301-13 28-331-10 28-381-17 29-024-17 29-071-22 28-301-20 28-331-12 28-381-21 29-024-18 29-071-24 28-301-31 28-331-14 28-381-23 29-024-19 29-071-32 28-301-32 28-331-15 28-382-05 29-024-20 29-071-33 28-301-33 28-332-01 28-382-12 29-031-05 29-071-34 28-301-34 28-332-02 28-382-14 29-031-06 29-071-38 28-301-36 28-332-03 28-391-02 29-031-07 29-071-39 28-311-04 28-332-04 28-391-06 29-031-08 29-081-05 28-311-05 28-332-10 28-401-09 29-032-07 29-081-06 28-311-08 28-332-17 28-401-11 29-032-09 29-081-07 28-311-09 28-332-20 -28-401-14 29-032-10 29-081-10 28-311-15 28-332-25 28-401-15 29-032-13 29-081-12 28-311-18 28-332-27 28-401-18 29-032-14 29-081-13 28-311-25 28-332-29 28-401-20 29-041-04 29-081-15 28-311-28 28-332-30 28-401-23 29-041-06 29-081-16 28-311-29 28-332-35 28-401-24 29-041-08 29-082-11 28-311-31 28-341-21 28-411-04 29-041-10 29-082-21 28-311-33 28-341-24 28-411-07 29-041-12 29-082-22 28-311-34 28-351-04 28-411-09 29-041-13 29-082-23 . 28-311-36 28-351-05 28-411-13 29-041-16 29-082-37 28-311-39 28-351-12 28-411-21 29-041-23 29-082-39 28-311-41 28-352-05 28-411-22 29-041-24 29-082-40 28-311-42 28-353-03 28-411-23 29-041-25 29-082-41 28-321-03 28-353-05 28-412-01 29-042-03 29-101-19 28-321-04 28-353-06 28-412-02 29-042-04 29-101-20 28-321-09 28-353-08 28-412-07 29-042-06 29-104-03 28-321-11 28-353-09 28-412-08 29-042-07 29-104-04 28-321-12 28-353-10 29-011-07 29-042-08 29-104-05 28-321-15 28-354-02 29-011-08 29-042-09 29-105-07 28-321-17 28-354-03 29-011-21 29-051-23 29-105-14 28-321-18 28-354-09 29-011-25 29-051-24 29-105-27 28-321-21 28-355-08 29-011-41 29-051-29 29-105-28 28-321-29 28-355-10 29-011-44 29-051-30 29-105-32 28-321-30 28-355-13 29-012-02 29-061-13 29-105-33 28-321-31 28-355-14 29-012-03 29-061-18 29-105-34 28-321-32 28-355-15 29-012-08 29-061-19 29-106-04 28-321-34 28-361-02 29-012-09 29-061-29 29-106-05 28-321-35 28-361-08 29-012-10 29-061-32 29-111-02 28-322-01 28-361-09 29-012-11 29-061-34 29-111-03 28-322-02 28-361-10 29-012-12 29-061-40 29-111-05 28-322-15 28-361-29 29-012-15 29-061-41 29-121-01 28-322-21 28-371-04 29-012-17 29-061-42 29--121-06 28-322-25 28-371-06 29-012-20 29-061-44 29-121-08 28-322-30 28-371-12 29-012-21 29-061-45 29-121-15 • 28-322-31 28-371-18 29-012-22 29-062-09 29-121-19 28-322-32 28-371-25 29-012-24 29-062-10 29-121-20 28-322-34 28-371-29 29-012-25 29-062-14 29-121-21 WEED ABATEMENT - EXHIBIT A PAGE 3 29-121-22 29-201-16 29-241-37 29-291-33 29-391-29 29-131-02 29-201-18 29-252-07 29-292-06 29-391-30 29-131-10 29-201-29 29-252-25 29-292-12 29-391-31 29-131-23 29-201-33 29-252-26 29-292-18 30-011-04 29-131-26 29-201-34 29-253-05 29-292-24 30-011-07 29-131-27 29-202-10 29-253-08 29-301-10 30-011-08 29-131-28 29-202-16 29-253-15 29-301-13 30-011-15 29-131-29 29-202-17 29-253-30 29-301-18 30-011-16 29-132-02 29-211-01 29-253-31 29-301-47 30-011-17 29-132-04 29-211-02 29-261-01 29-302-02 30-011-28 29-141-04 29-211-09 29-261-14 29-302-03 30-011-30 29-141-07 29-211-12 29-261-19 29-302-17 30-021-02 29-141-08 29-211-27 29-261-20 29-302-18 30-021-06 29-141-09 29-212-02 29-262-07 29-302-19 30-021-07 29-141-10 29-212-03 29-262-14 29-302-20 30-021-0-8 29-141-15 29-212-06 29-262-24 29-302-27 30-021-11 29-141-21 29-212-11 29-262-40 29-302-50 30-021-17 29-142-04 29-212-13 29-262-42 29-311-12 30-021-18 29-142-05 29-212-20 29-262-43 29-312-05 30-021-19 29-151-01 29-212-21 29-262-46 29-312-11 30-021-20 29-151-04 29-212-24 29-262-47 29-312-23 30-031-02 29-151-05 29-212-25 29-271-01 29-321-17 30-031-03 29-151-20 29-222-03 29-271-04 29-322-01 30-031-09 29-151-23 29-222-05 29-271-05 29-322-06 30-031-12 29-151-25 29-222-12 29-271-06 29-322-08 30-031-15 29-152-09 29-222-18 29-271-13 29-322-09 30-031-16 29-152-10 29-222-19 29-272-03 29-322-11 30-031-17 29-152-12 29-222-22 29-272-16 29-322-12 30-031-18 29-152-17 29-222-25 29-272-17 29-322-15 30-031-19 29-152-21 29-222-26 29-272-18 29-322-19 30-031-20 29-152-24 29-222-27 29-272-21 29-322-20 30-041-06 29-152-25 29-222-34 29-272-22 29-323-16 30-041-07 29-153-19 29-222-37 29-281-05 29-342-06 30-041-08 29-161-04 29-223-16 29-281-06 29-347-20 30-041-09 29-161-07 29-223-17 29-281-17 29-352-01 30-041-10 29-171-01 29-231-06 29-281-19 29-353-01 30-041-11 29-171-07 29-231-08 29-281-32 29-353-03 30-041-12 29-171-09 29-231-13 29-281-33 29-361-13 30-041-13 29-171-10 29-231-14 29-281-36 29-361-14 30-041-14 29-171-11 29-231-15 29-281-38 29-361-17 30-041-15 29-171-12 29-231-16 29-281-40 29-371-10 30-041-16 29-171-13 29-232-01 29-281-41 29-371-20 30-041-17 29-171-14 29-233-04 29-281-42 29-371-21 30-041-18 29-181-05 29-233-05 29-281-43 29-371-23 30-051-03 29-181-07 29-233-07 29-281-44 29-381-01 30-051-04 29-181-08 29-233-17 29-281-48 29-382-03 30-051-09 29-181-28 29-233-20 29-291-03 29-382-04 30-051-11 29-181-29 29-233-21 29-291-09 29-382-05 30-051-12 29-191-07 29-233-24 29-291-14 29-382-11 30-051-18 29-191-11 29-233-25 29-291-16 29-382-19 30-051-19 29-191-14 29-241-11 29-291-18 29-382-21 30-051-20 29-191-24 29-241-29 29-291-23 29-382-23 30-051-21 29-191-41 29-241-32 29-291-31 29-382-28 30-051-22 29-191-44 29-241-34 29-291-32 29-391-28 30-051-27 WEED ABATEMENT - EXHIBIT A PAGE 4 30-051-30 30-111-32 30-171-16 30-242-37 30-282-17 30-051-31 30-111-35 30-171-17 30-251-05 30-282-18 30-051-32 30-111-37 30-171-20 30-251-08 30-282-21 30-051-35 30-111-38 30-172-01 30-251-18 30-282-22 30-051-36 30-111-39 30-172-06 30-251-19 30-282-29 30-051-37 30-111-40 30-172-10 30-251-20 30-282-38 30-051-38 30-111-41 30-172-16 30-251-21 30-283-05 30-051-39 30-111-42 30-172-17 30-251-22 30-291-07 30-061-08 30-121-01 30-172-18 30-251-23 30-291-19 30-061-11 30-121-02 30-172-19 30-251-24 30-292-05 30-061-25 30-121-29 30-181-61 30-251-25 30-292-07 30-061-27 30-131-06 30-182-01 30-251-26 30-292-09 30-061-28 30-131-10 30-182-03 30-251-27 30-292-10 30-061-30 30-131-23 30-182-56 30-251-30 30-292-11 30-061-33 30-131-24 30-182-58 30-251-31 30-292-15 30-061-38 30-131-28 30-191-40 30-251-32 30-292-16 30-061-39 30-131-30 30-191-41 30-251-33 30-292-17 30-061-49 30-131-34 30-201-15 30-261-04 30-292-18 30-061-52 30-131-38 30-212-16 30-261-06 30-292-19 30-071-06 30-132-04 30-213-08 30-261-11 30-292-20 30-071-12 30-132-38 30-213-10 30-261-13 30-292-21 30-071-16 30-132-39 30-221-09 30-261-14 30-292-27 30-071-17 30-141-04 30-221-19 30-261-16 30-292-29 30-071-25 30-141-17 30-221-20 30-261-18 30-292-38 30-071-29 30-141-18 30-221-21 30-261-19 30-292-39 30-071-30 30-141-22 30-221-22 30-261-20 30-292-41 30-071-32 30-141-23 30-221-23 30-261-21 30-292-45 . 30-071-33 30-141-30 30-222-25 30-261-22 30-292-47 30-071-34 30-141-37 30-222-32 30-261-23 30-292-48 30-071-36 30-141-38 30-231-14 30-271-03 30-301-09 30-071-37 30-141-45 30-231-19 30-271-15 30-301-15 30-091-03 30-141-54 30-231-20 30-271-16 30-301-18 30-091-04 30-141-73 30-231-21 30-271-18 30-301-22 30-091-11 30-151-03 30-232-15 30-271-19 30-301-32 30-091-17 30-151-04 30-232-16 30-271-22 30-301-33 30-091-18 30-151-08 30-232-18 30-271-24 30-301-37 30-091-19 30-151-15 30-232-24 30-271-25 30-301-44 30-091-34 30-151-33 30-232-25 30-271-26 30-301-46 30-091-42 30-152-02 30-232-26 30-271-27 30-301-48 30-101-04 30-152-06 30-232-27 30-281-06 30-301-53 30-101-05 30-152-08 30-233-04 30-281-11 30-301-54 30-101-06 30-152-23 30-233-09 30-281-12 30-301-55 30-101-13 30-152-25 30-241-12 30-281-14 30-301-56 30-101-36 30-152-27 30-241-13 30-281-15 30-311-01 30-101-39 30-152-32 30-241-56 30-281-16 30-311-02 30-101-49 30-152-33 30-241-57 30-281-19 30-311-04 30-101-51 30-152-34 30-241-58 30-281-20 30-311-05 30-111-12 30-152-37 30-241-60 30-281-28 30-311-09 30-111-15 30-161-01 30-241-61 30-281-30 30-311-10 30-111-17 30-161-02 30-242-13 30-281-33 30-311-11 30-111-24 30-161-03 30-242-25 30-282-03 30-311-12 30-111-25 30-161-05 30-242-31 30-282-07 30-321-01 30-111-29 30-171-14 30-242-34 30-282-14 30-321-04 30-111-31 30-171-15 30-242-36 30-282-15 30-321-06 WEED ABATEMENT - EXHIBIT A PAGE 5 30-321-07 30-352-03 30-421-03 30-511-01 31-052-21 30-321-08 30-352-04 30-421-04 30-512-02 31-052-23 30-321-10 30-352-06 30-421-05 30-512-08 31-061-01 30-321-11 30-352-08 30-422-06 30-513-02 31-061-22 30-321-12 30-352-14 30-422-08 30-513-04 31-061-37 30-321-13, 30-352-15 30-422-09 30-521-10 31-061-38 30-321-14 30-352-18 30-422-10 30-522-01 31-062-06 30-321-15 30-352-20 30-422-11 30-522-02 31-062-08 30-321-16 30-352-22 30-431-05 30-522-04 31-062-09 30-321-17 30-352-23 30-431-07 30-522-08 31-062-10 30-321-18 30-352-24 30-431-11 30-522-23 31-062-16 30-321-19 30-352-26 30-431-14 30-522-24 31-062-18 30-331-01 30-371-01 30-431-15 30-523-02 31-071-13 30-331-03 30-371-02 30-431-16 30-523-03 31-071-21 30-331-06 30-371-08 30-431-18 30-523-06 31-071-23 30-331-07 30-371-09 30-441-01 30-523-07 31-071-29 30-331-08 30-371-10 30-441-02 30-523-08 31-081-07 30-331-09 30-371-11 30-441-03 31-012-07 31-081-13 30-331-10 30-371-17 30-441-05 31-012-10 31-081-16 30-331-11 30-372-07 30-441-06 31-012-12 31-081-17 30-332-02 30-372-08 30-451-01 31-012-22 31-081-19 30-332-03 30-372-19 30-451-02 31-012-23 31-081-20 3-0-332-04 30-372-25 30-451-05 31-012-24 31-082-13 30-332-05 30-372-26 30-451-06 31-012-25 31-082-20 30-332-10 30-373-07 30-451-07 31-013-26 31-082-32 30-332-14 30-373-08 30-461-16 31-013-27 31-082-34 30-332-15 30-373-18 30-461-29 31-021-06 31-082-35 30-332-18 30-373-20 30-471-01 31-022-01 31-091-09 30-332-19 30-373-28 30-471-02 31-023-06 31-091-10 30-332-20 30-373-30 30-471-03 31-023-16 31-091-11 30-332-24 30-381-01 30-471-05 31-023-17 31-091-13 30-332-25 30-381-02 30-471-06 31-041-16 31-091-15 30-332-26 30-381-03 30-471-07 31-041-22 31-091-31 30-332-27 30-381-04 30-471-08 31-042-05 31-092-17 30-351-01 30-381-05 30-471-09 31-042-06 31-101-02 30-351-03 30-381-06 30-472-09 31-042-13 31-101-03 30-351-04 30-391-01 30-482-01 31-043-06 31-101-04 30-351-05 30-391-02 30-483-01 31-043-10 31-101-06 30-351-11 30-391-03 30-483-02 31-043-11 31-101-08 30-351-15 30-401-01 30-483-03 31-043-19 31-102-01 30-351-16 30-401-02 30-483-04 31-043-25 31-103-01 30-351-17 30-401-03 30-483-05 31-043-27 31-104-03 30-351-18 30-401-04 30-483-06 31-043-28 31-104-09 30-351-24 30-401-05 30-483-08 31-051-23 31-104-10 30-351-27 30-411-01 30-491-01 31-051-32 31-104-14 30-351-28 30-411-10 30-491-02 31-051-38 31-111-01 30-351-29 30-412-03 30-491-03 31-051-39 31-112-01 30-351-31 30-412-04 30-491-05 31-051-43 31-112-01 30-351-33 30-412-05 30-491-07 31-051-47 31-112-02 30-351-34 30-412-06 30-491-10 31-051-49 31-112-04 30-351-35 30-413-01 30-501-03 31-051-51 31-112-04 • 30-351-36 30-413-02 30-502-11 31-052-17 31-112-05 30-351-37 30-413-03 30-502-17 31-052-18 31-112-06 30-352-02 30-413-06 30-502-32 31-052-20 31-112-09 WEED ABATEMENT - EXHIBIT A PAGE 6 31-112-11 31-152-26 31-222-02 31-291-23 31-381-44 31-112-12 31-153-05 31-222-08 31-291-24 31-381-47 31-112-13 31-161-21 31-222-09 31-291-26 31-381-55 31-112-14 31-161-24 31-222-12 31-291-28 31-381-60 31-121-01 31-161-33 31-222-13 31-291-29 45-301-01 31-121-02 31-161-34 31-222-16 31-301-01 45-301-02 31-122-01' 31-161-35 31-222-17 31-301-09 45-301-04 31-122-04 31-161-36 31-222-18 31-301-10 45-301-05 31-122-05 31-171-01 31-222-19 31-301-21 45-302-01 31-122-06 31-171-18 31-231-02 31-301-29 45-302-03 31-122-07 31-181-02 31-231-03 31-302-13 45-302-04 31-122-08 31-181-04 31-231-28 31-302-14 45-302-05 31-122-09 31-181-07 31-231-35 31-311-02 45-302-06 31-122-12 31-181-22 31-231-36 31-311-03 45-302-07 31-123-03 31-183-02 31-231-38 31-311-06 45-302-08 31-123-09 31-183-05 31-241-02 31-311-07 45-302-09 31-123-11 31-183-18 31-241-11 31-311-10 45-302-12 31-124-01 31-183-25 31-241-12 31-311-19 45-302-13 31-124-11 31-183-28 31-241-13 31-311-23 45-311-01 31-125-02 31-183-33 31-241-19 31-321-01 45-311-02 31-125-04 31-183-34 31-241-28 31-321-02 45-321-02 31-131-06 31-191-02 31-242-10 31-321-03 45-321-03 31-131-07 31-191-03 31-242-12 31-321-08 45-321-09 31-131-09 31-191-04 31-242-13 31-321-09 45-321-10 31-132-02 31-191-05 31-242-14 31-321-12 45-321-12 31-132-04 31-191-06 31-242-16 31-321-16 45-331-02 31-133-01 31-192-07 31-251-04 31-321-17 45-331-03 31-133-04 31-192-15 31-251-06 31-331-05 45-332-01 31-133-05 31-192-16 31-251-15 31-331-09 45-332-03 31-133-12 31-192-18 31-251-26 31-331-10 45-332-04 31-133-13 31-192-19 31-251-27 31-331-11 45-332-05 31-134-05 31-201-02 31-251-29 31-331-12 45-332-06 31-134-08 31-201-03 31-261-03 31-341-07 45-332-07 31-134-09 31-202-04 31-261-05 31-341-19 45-332-08 31-134-17 31-202-05 31-261-06 31-341-21 45-332-09 31-141-04 31-202-06 31-261-10 31-341-22 45-341-01 31-141-06 31-202-08 31-261-19 31-341-23 45-341-02 31-141-14 31-202-17 31-261-23 31-341-24 45-341-03 31-141-50 31-202-18 31-261-28 31-361-03 45-341-04 31-141-51 31-202-19 31-271-26 31-361-05 45-342-04 31-142-04 31-202-20 31-271-27 31-361-11 45-342-06 31-142-19 31-202-22 31-271-32 31-361-12 45-342-07 31-142-24 31-202-23 31-271-38 31-361-17 45-342-08 31-142-27 31-202-25 31-271-42 31-361-20 45-342-09 31-151-13 31-202-26 31-271-43 31-361-21 45-342-11 31-151-15 31-202-28 31-271-47 31-371-10 45-342-12 31-151-28 31-202-29 31-281-05 31-371-21 45-351-02 31-151-33 31-211-02 31-281-14 31-373-04 45-351-03 31-151-34 31-211-04 31-281-21 31-373-05 45-351-07 31-152-03 31-211-08 31-281-22 31-373-06 45-351-08 31-152-07 31-211-09 31-282-01 31-381-01 45-351-12 31-152-21 31-221-11 31-291-02 31-381-09 45-351-14 31-152-22 31-221-27 31-291-19 31-381-10 45-352-03 31-152-23 31-222-01 31-291-21 31-381-36 45-352-05 WEED ABATEMENT - EXHIBIT A PAGE 7 45-352-06 45-431-01 45-451-28 49-062-07 49-101-15 45-353-01 45-431-02 45-451-29 49-071-06 49-101-18 45-353-02 45-431-04 45-451-30 49-071-08 49-101-20 45-353-03 45-431-05 45-451-31 49-071-14 49-101-22 45-353-04 45-431-06 45-451-32 49-071-21 49-101-25 45-353-05 45-431-07 45-451-34 49-071-22 49-102-08 45-361-13 45-431-13 45-451-35 49-072-05 49-102-09 45-361-14 45-441-01 45-451-36 49-073-06 49-102-20 45-361-15 45-441-02 45-451-37 49-073-09 49-102-48 45-361-16 45-441-03 45-451-40 49-073-20 49-102-54 45-361-17 45-441-04 45-451-42 49-073-22 49-102-55 45-361-26 45-441-05 45-451-43 49-073-25 49-102-56 45-361-27 45-441-06 45-451-44 49-073-35 49-111-01 45-361-28 45-441-07 49-022-02 49-073-46 49-111-07 45-371-02 45-441-08 49-022-09 49-073-47 49-111-08 45-371-03 45-441-09 49-022-10 49-073-55 49-111-11 45-371-04 45-441-10 49-023-02 49-073-56 49-111-19 45-371-05 45-441-11 49-031-03 49-073-57 49-111-20 45-371-06 45-441-12 49-031-06 49-073-58 49-111-22 45-371-07 45-441-13 49-031-07 49-073-60 49-112-05 45-371-08 45-441-14 49-041-05 49-073-61 49-112-06 45-371-09 45-441-15 49-041-10 49-073-62 49-112-17 45-371-10 45-441-17 49-041-12 49-073-63 49-112-20 45-371-11 45-441-18 49-041-16 49-073-64 49-112-24 45-371-12 45-441-19 49-042-13 49-073-65 49-112-25 45-371-13 45-441-20 49-042-18 49-073-66 49-112-26 • 45-381-01 45-441-23 49-042-25 49-073-68 49-112-33 45-381-03 45-441-24 49-042-26 49-073-69 49-112-34 45-381-05 45-441-26 49-051-10 49-073-70 49-112-35 45-381-06 45-441-27 49-051-11 49-074-01 49-121-03 45-381-08 45-441-28 49-051-12 49-074-02 49-121-08 45-381-11 45-441-29 49-051-14 49-075-01 49-121-13 45-381-12 45-441-30 49-052-01 49-075-03 49-121-17 45-381-13 45-441-32 49-052-09 49-075-04 49-121-24 45-381-14 45-451-01 49-052-18 49-082-09 49-121-28 45-391-01 45-451-02 49-052-19 49-082-11 49-121-29 45-391-02 45-451-03 49-052-22 49-092-02 49-121-30 45-401-03 45-451-04 49-052-23 49-092-17 49-121-31 45-401-04 45-451-05 49-052-25 49-092-32 49-122-08 45-401-09 45-451-07 49-052-27 49-092-33 49-122-09 45-401-10 45-451-09 49-052-29 49-092-34 49-122-10 45-411-01 45-451-10 49-052-30 49-092-36 49-122-16 45-411-03 45-451-11 49-052-32 49-092-41 49-122-22 45-412-01 45-451-13 49-052-35 49-092-42 49-122-23 45-421-01 45-451-14 49-061-04 49-092-44 49-122-24 45-421-02 45-451-15 49-061-06 49-092-45 49-122-25 45-421-03 45-451-17 49-061-10 49-092-46 49-122-27 45-421-04 45-451-19 49-061-11 49-093-06 49-123-02 45-421-05 45-451-20 49-061-12 49-093-07 49-123-06 45-421-06 45-451-23 49-061-14 49-093-15 49-123-07 45-421-07 45-451-24 49-061-21 49-093-16 49-123-22 45-421-10 45-451-25 49-061-22 49-093-35 49-123-28 45-421-11 45-451-26 49-061-27 49-093-36 49-123-32 45-421-12 45-451-27 49-062-06 49-101-09 49-123-33 WEED ABATEMENT - 41HIBIT A PAGE 8 49-123-34 49-163-09 49-201-21 49-232-13 49-301-21 49-131-21 49-163-13 49-201-24 49-232-16 49-302-01 . 49-131-21 49-163-14 49-201-25 49-232-18 49-302-05 49-131-31 ' 49-163-15 49-201-26 49-232-19 49-302-08 49-131-32 49-163-16 49-201-30 49-232-25 49-302-09 49-131-44 49-163-17 49-201-31 49-232-27 49-302-18 49-131-45 49-163-19 49-202-10 49-232-28 49-302-24 49-131-46 49-163-21 49-202-11 49-232-29 49-302-25 49-131-47 49-163-22 49-202-19 49-232-31 49-302-27 49-131-48 49-163-25 49-211-11 49-232-32 49-302-28 49-131-55 49-163-29 49-211-20 49-232-33 49-302-32 49-131-57 49-163-31 49-211-31 49-232-35 49-302-37 49-131-58 49-163-34 49-211-32 49-241-08 49-302-38 49-131-59 49-16.3-44 49-211-38 49-241-09 49-311-01 49-131-63 49-163-45 49-211-40 49-241-19 49-311-11 49-131-63 49-163-46 49-211-43 49-241-20 49-321-08 49-131-64 49-163-47 49-211-49 49-241-21 49-321-10 49-131-66 49-163-50 49-212-01 49-241-22 49-321-11 49-131-67 49-163-51 49-212-05 49-241-23 49-322-01 49-132-01 49-163-52 49-212-06 49-241-27 49-322-04 49-132-02 49-163-59 49-212-11 49-241-33 49-331-07 49-132-04 49-163-66 49-212-13 49-241-36 49-331-08 49-132-18 49-172-01 49-212-15 49-241-37 49-331-09 49-132-22 49-172-09 49-212-16 49-241-38 50-011-01 49-132-24 49-172-12 49-212-19 49-241-40 50-011-02 49-132-27 49-172-15 49-212-20 49-241-43 50-011-04 49-141-22 49-172-16 49-212-21 49-241-45 50-012-18 49-141-23 49-172-17 49-221-16 49-251-18 50-012-20 49-141-26 49-172-18 49-221-34 49-251-19 50-012-21 49-141-30 49-172-19 49-221-44 49-251-22 50-012-24 49-141-36 49-172-20 49-221-46 49-251-34 50-012-25 49-141-40 49-181-07 49-221-49 49-251-36 50-021-02 49-141-41 49-182-03 49-221-57 49-251-40 50-021-04 49-141-44 49-182-13 49-221-58 49-252-08 50-021-13 49-141-46 49-182-15 49-221-62 49-262-02 50-021-14 49-142-07 49-182-18 49-221-63 49-262-03 50-021-17 49-142-08 49-183-11 49-222-38 49-262-07 50-021-20 49-151-05 49-183-13 49-222-39 49-262-27 50-021-21 49-151-08 49-183-14 49-222-46 49-262-31 50-021-21 49-151-12 49-183-18 49-222-57 49-271-02 50-021-22 49-151-16 49-183-19 49-222-65 49-271-10 50-021-23 49-151-17 49-183-21 49-223-05 49-271-16 50-021-25 49-151-25 49-183-22 49-223-08 49-271-20 50-021-26 49-151-47 49-191-02 49-223-30 49-271-21 50-021-28 49-151-48 49-191-16 49-223-33 49-281-02 50-021-29 49-152-02 49-191-27 49-231-01 49-281-05 50-021-31 49-152-05 49-191-30 49-231-02 49-281-11 50-031-03 49-152-12 49-191-31 49-231-03 49-281-12 50-031-08 49-152-14 49-191-33 49-231-05 49-291-01 50-031-10 49-152-38 49-191-34 49-231-10 49-301-01 50-031-11 49-152-39 49-191-36 49-231-11 49-301-08 50-031-16 49-152-42 49-201-09 49-231-14 49-301-09 50-031-19 49-161-02 49-201-10 49-232-02 49-301-18 50-031-20 49-163-08 49-201-14 49-232-12 49-301-20 50-031-26 WEED ABATEMENT - EXHIBIT A PAGE 9 50-031-27 50-111-12 50-242-02 54-012-25 54-051-57 50-031-28 50-111-14 50-242-03 54-012-26 54-051-58 50-031-29 50-121-06 50-242-05 54-012-27 54-051-59 50-031-30 50-131-02 50-242-07 54-012-35 54-051-64 50-031-33 50-131-05 50-242-12 54-012-36 54-051-66 50-031-34 50-13116 50-242-13 54-012-37 54-051-68 50-031-38, 50-131--18 50-262-03 54-012-39 54-051-69 50-031-39 50-131-22 50-262-13 54-012-40 54-051-70 50-031-41 50-131-23 50-262-15 54-012-41 54-051-71 50-041-06 50-131-24 50-262-16 54-013-02 54-051-72 50-041-09 50-131-25 50-271-11 54-013-16 54-051-73 50-042-07 50-131-26 50-271-14 54-013-18 54-061-07 50-042-08 50-131-27 50-271-15 54-013-19 54-061-10 50-042-11 50-131-28 50-271-17 54-013-20 54-061-12 50-042-12 50-131-29 50-271-18 54-013-21 54-061-22 50-043-02 50-131-30 50-271-19 54-013-22 54-061-28 50-043-05 50-141-08 50-271-20 54-014-04 54-061-36 50-043-06 50-141-09 50-281-02 54-014-05 54-061-37 50-051-05 50-141-25 50-281-05 54-021-01 54-061-40 50-051-06 50-151-05 50-312-11 54-021-07 54-061-41 50-051-14 50-151-08 50-312-15 54-021-17 54-061-43 50-051-15 50-151-09 50-312-19 54-021-18 54-061-44 50-051-16 50-151-10 50-312-20 54-021-19 54-061-45 50-051-17 50-151-11 50-323-04 54-021-20 54-061-48 50-051-18 50-152-12 50-323-05 54-022-10 54-061-53 50-051-19 50-152-13 50-323-06 54-031-08 54-061-54 50-051-20 50-173-06 50-323-14 54-031-09 54-061-56 50-051-21 50-173-12 50-323-15 54-032-12 54-061-58 50-051-22 50-173-19 50-323-16 54-032-13 54-061-59 50-051-24 50-202-11 50-324-01 54-032-22 54-071-01 50-061-03 50-202-12 50-324-03 54-032-32 54-071-02 50-061-09 50-211-03 50-324-04 54-032-41 54-071-03 50-062-01 50-212-08 50-324-13 54-041-05 54-071-05 50-062-17 50-221-05 50-324-14 54-042-19 54-071-31 50-063-01 50-221-12 50-324-17 54-042-36 54-072-21 50-071-08 50-221-13 50-331-14 54-042-44 54-072-22 50-071-09 50-221-15 50-341-04 54-042-52 54-072-23 50-071-24 50-221-16 50-341-16 54-042-53 54-072-33 50-071-26 50-221-17 50-341-20 54-042-61 54-072-34 50-071-28 50-221-19 50-351-09 54-042-67 54-072-35 50-071-33 50-221-22 50-351-10 54-042-68 54-072-39 50-071-35 50-221-23 50-351-11 54-042-70 54-072-41 50-091-04 50-221-29 50-361-06 54-042-77 54-072-61 50-091-07 50-221-31 50-362-10 54-042-78 54-072-62 50-091-12 50-221-36 54-011-17 54-042-79 54-072-63 50-091-13 50-231-05 54-011-18 54-042-88 54-072-72 50-091-14 50-231-16 54-011-20 54-042-90 54-072-73 50-092-03 50-231-19 54-011-23 54-042-90 54-072-74 50-092-07 50-231-24 54-011-24 54-051-10 54-072-75 50-092-08 50-231-25 54-011-25 54-051-21 54-072-76 50-101-09 50-231-26 54-012-02 54-051-41 54-073-01 50-111-04 50-231-30 54-012-10 54-051-43 54-073-28 50-111-10 50-231-31 54-012-16 54-051-46 54-081-14 50-111-11 50-241-02 54-012-17 54-051-47 54-081-18 WEED ABATEMENT - *IBIT A PAGE 10 54-081-19 54-092-02 54-133-63 54-162-04 54-221-08 54-081-21 54-092-11 54-133-64 54-162-06 54-221-11 54-081-22 54-092-14 54-133-65 54-162-07 54-231-07 54-081-27 54-092-15 54-141-03 54-162-08 54-231-15 54-081-35 54-101-16 54-141-05 54-171-09 54-231-18 54-081-44 54-101-17 54-142-03 54-171-18 54-231-19 54-081-45 54-101-18 54-142-04 54-171-21 54-231-22 54-082-11 54-101-19 54-142-06 54-171-22 54-231-29 54-083-04 54-101-21 54-142-12 54-171-23 54-231-30 54-084-05 54-101-24 54-142-13 54-171-24 54-231-31 54-084-06 54-102-11 54-142-15 54-171-25 54-231-32 54-084-07 54-102-12 54-142-17 54-171-26 54-231-33 54-085-02 54-102-13 54-142-18 54-171-27 54-231-34 54-085-07 54-102-17 54-142-21 54-181-17 54-231-35 54-085-10 54-102-18 54-142-26 54-201-06 54-231-36 54-085-16 54-102-19 54-142-27 54-201-12 54-231-37 54-085-24 54-111-24 54-142-29 54-201-19 54-231-38 54-085-25 54-111-33 54-142-30 54-201-24 54-231-39 54-085-27 54-111-39 54-142-31 54-201-25 54-231-40 54-085-28 54-111-43 54-142-32 54-201-26 54-231-42 54-085-32 54-111-46 54-142-33 54-201-27 54-231-43 54-085-35 54-121-02 54-142-35 54-201-32 54-241-02 54-085-38 54-121-03 54-142-36 54-201-33 54-241-10 54-085-39 54-121-18 54-151-13 54-201-34 54-241-18 54-085-40 54-121-19 54-151-18 54-201-36 54-241-30 54-085-41 54-121-36 54-151-19 54-201-41 54-241-34 54-085-48 54-121-37 54-151-21 54-201-42 54-241-35 54-085-49 54-121-38 54-151-23 54-201-43 54-241-36 54-085-50 54-121-40 54-151-25 54-201-44 54-241-37 54-085-51 54-122-29 54-151-26 54-201-45 54-241-38 54-086-03 54-122-30 54-151-28 54-201-46 54-261-01 54-086-04 54-131-10 54-151-29 54-201-47 54-261-04 54-086-06 54-131-15 54-151-31 54-201-48 54-261-09 54-086-07 54-131-16 54-151-33 54-201-49 54-261-10 54-086-10 54-132-08 54-151-35 54-201-50 54-261-13 54-086-12 54-132-14 54-151-36 54-201-51 54-271-06 54-086-13 54-132-28 54-151-37 54-201-52 54-271-15 54-086-14 54-132-33 54-151-39 54-201-53 54-271-16 54-086-15 54-132-34 54-151-42 54-211-05 54-281-07 54-086-16 54-132-39 54-151-43 54-211-07 54-281-10 54-086-17 54-132-43 54-151-44 54-211-08 54-281-12 54-091-09 54-132-44 54-151-45 54-211-10 54-281-13 54-091-11 54-132-51 54-151-46 54-212-14 54-281-14 54-091-13 54-132-52 54-151-47 54-212-23 54-281-15 54-091-14 54-132-67 54-151-48 54-212-25 54-281-16 54-091-17 54-132-68 54-151-50 54-212-27 54-291-12 54-091-19 54-132-69 54-151-51 54-212-28 54-291-14 54-091-20 54-132-70 54-151-53 54-212-29 54-291-16 54-091-21 54-132-71 54-151-54 54-212-30 54-291-17 54-091-22 54-132-72 54-151-55 54-212-32 54-291-19 54-091-23 54-133-11 54-161-06 54-212-33 54-291-21 54-091-24 54-133-25 54-161-07 54-212-35 54-301-13 54-091-25 54-133-27 54-161-08 54-221-04 54-301-16 54-092-01 54-133-62 54-162-02 54-221-05 54-301-20 V WEED ABATEMENT - &IBIT A * PAGE 11 54-301-21 54-332-05 55-052-15 55-101-14 55-201-16 54-301-22 54-332-09 55-053-01 55-101-15 55-211-11 54-301-23 54-332-10 55-053-02 55-101-16 55-211-12 54-301-24 54-333-05 55-053-04 55-101-17 55-231-01 54-301-25 54-333-07 55-053-05 55-102-07 55-231-05 54-301-26 54-333-08 55-053-06 55-102-11 55-231-08 54-301-27 54-334-01 55-054-01 55-121-01 55-231-14 54-311-03 55-011-04 55-061-02 55-121-13 55-242-04 54-311-05 55-011-06 55-061-03 55-121-14 55-242-06 54-311-08 55-011-07 55-062-19 55-121-15 55-242-14 54-311-16 55-011-11 55-062-20 55-121-17 55-242-15 . 54-311-19 55-011-13 55-062-22 55-121-18 55-242-21 54-311-22 55-011-14 55-062-23 55-121-19 55-242-26 54-311-29 55-011-16 55-062-24 55-121-20 55-242-31 54-311-31 55-011-17 55-062-27 55-131-01 55-242-32 54-311-33 55-011-18 55-062-28 55-131-02 55-242-33 54-311-35 55-011-20 55-062-30 55-131-10 55-251-07 54-311-37 55-021-02 55-062-31 55-131-11 55-311-09 54-311-38 55-021-03 55-062-32 55-131-12 55-311-10 54-311-40 55-022-08 55-062-33 55-131-13 55-311-13 54-311-41 55-022-09 55-062-34 55-131-14 55-311-14 54-311-42 55-022-13 55-062-35 55-141-03 55-311-16 5.4-311-44 55-022-14 55-062-37 55-141-05 55-311-17 54-311-45 55-031-10 55-062-38 55-141-06 55-311-18 54-311-46 55-031-21 55-062-38 55-141-07 55-321-07 54-311-47 55-031-23 55-062-39 55-151-05 55-321-08 54-311-49 55-031-24 55-062-40 55-151-07 55-331-01 . 54-311-50 55-031-25 55-062-41 55-151-08 55-331-03 54-311-51 55-031-27 55-062-42 55-151-12 55-331-07 54-311-52 55-031-28 55-062-43 55-151-13 55-331-11 54-311-53 55-031-29 55-062-44 55-151-14 55-331-12 54-311-54 55-031-30 55-071-01 55-151-15 55-341-01 54-311-55 55-031-31 55-071-11 55-151-16 55-341-03 54-311-56 55-031-32 55-071-12 55-151-17 55-341-05 54-321-02 55-031-34 55-071-13 55-151-18 55-361-18 54-321-08 55-031-37 55-071-14 55-151-19 55-361-19 54-321-09 55-031-38 55-071-15 55-161-08 55-431-01 54-321-10 55-031-39 55-072-02 55-161-09 55-431-02 54-321-11 55-031-40 55-072-05 55-161-10 55-431-03 54-321-12 55-041-03 55-072-06 55-161-11 55-431-05 54-322-02 55-041-12 55-073-02 55-161-12 55-431-07 54-322-03 55-041-13 55-081-02 55-161-13 55-431-08 54-322-04 55-041-14 55-081-03 55-161-14 55-431-09 54-322-09 55-051-02 55-081-06 55-161-15 55-431-10 54-322-11 55-051-08 55-081-10 55-171-09 55-431-11 54-322-13 55-051-09 55-081-12 55-191-04 55-431-12 54-331-01 55-051-10 55-082-01 55-191-05 55-431-13 54-331-02 55-051-11 55-082-05 55-191-09 55-441-01 54-331-03 55-051-12 55-082-08 55-192-04 55-441-02 54-331-04 55-052-02 55-093-03 55-201-08 55-441-04 54-331-05 55-052-09 55-101-01 55-201-09 55-441-05 54-331-06 55-052-10 55-101-04 55-201-13 55-442-01 54-331-10 55-052-13 55-101-12 55-201-14 55-442-02 54-332-04 55-052-14 55-101-13 55-201-15 55-442-03 WEED ABATEMENT - &IBIT A . PAGE 12 55-442-04 56-101-10 56-251-28 56-381-29 56-491-15 55-442-05 56-101-12 56-251-29 56-382-27 56-491-17 55-442-06 56-101-13 56-251-30 56-383-23 56-491-22 55-442-07 56-111-15 56-251-31 56-402-08 56-491-23 55-442-08 ' 56-111-19 56-251-34 56-402-10 56-491-26 55-451-01 56-111-20 56-261-13 56-402-14 56-491-31 55-451-02 56-111-24 56-261-18 56-402-15 56-501-01 55-451-04 56-111-25 56-261-64 56-411-03 56-502-07 55-451-05 56-111-27 56-261-70 56-411-04 56-502-08 55-451-06 56-121-05 56-271-30 56-411-06 56-502-09 55-451-07 56-121-14 56-271-31 56-411-08 55-451-08 56-121-32 56-271-33 56-411-09 55-451-09 56-121-33 56-281-06 56-411-10 55-451-10 56-131-15 56-281-10 56-411-12 55-451-11 56-131-18 56-281-11 56-411-13 56-031-29 56-131-19 56-301-09 56-411-15 56-031-33 56-141-06 56-311-03 56-411-17 56-031-34 56-141-09 56-311-04 56-411-19 56-031-37 56-141-11 56-311-07 56-411-20 56-031-38 56-141-18 56-311-10 56-411-22 56-031-41 56-151-09 56-311-13 56-411-23 56-041-17 56-162-04 56-311-14 56-421-01 56-041-25 56-162-14 56-311-15 56-432-01 56-041-26 56-162-17 56-311-16 56-432-02 56-041-36 56-162-21 56-311-21 56-432-03 56-041-37 56-171-15 56-311-25 56-432-04 56-041-38 56-171-29 56-321-01 56-432-05 56-041-39 56-171-37 56-321-10 56-441-01 • 56-041-40 56-171-45 56-321-11 56-441-02 56-041-41 56-181-06 56-321-16 56-441-14 56-051-14 56-181-13 56-321-17 56-451-01 56-051-43 56-181-16 56-321-19 56-451-02 56-051-47 56-181-22 56-321-20 56-451-04 56-051-49 , 56-201-03 56-321-21 56-451-05 56-051-50 56-201-29 56-321-23 56-451-06 56-051-51 56-201-33 56-321-24 56-451-10 56-061-26 56-211-20 56-321-28 56-471-02 56-061-28 56-211-47 56-321-29 56-471-03 56-071-10 56-221-22 56-321-32 56-471-04 56-081-08 56-221-25 56-331-01 56-471-06 56-081-13 56-221-28 56-341-01 56-471-07 56-081-15 56-231-15 56-351-28 56-471-08 56-081-26 56-231-23 56-351-31 56-471-10 56-081-28 56-241-13 56-351-33 56-471-11 56-081-29 56-251-08 56-351-39 56-471-12 56-091-26 56-251-10 56-351-41 56-472-01 56-091-29 56-251-13 56-351-43 56-472-02 56-091-35 56-251-21 56-361-18 56-472-03 56-091-36 56-251-22 56-361-25 56-472-04 56-091-37 56-251-23 56-371-23 56-481-06 56-091-38 56-251-24 56-371-29 56-481-10 56-091-39 56-251-25 56-371-31 56-491-05 56-091-43 56-251-26 56-371-35 56-491-11 56-101-05 56-251-27 56-381-26 56-491-14 RESOLUTION NO. 28-88 RESOLUTION OF THE CITY OF ATASCADERO DECLARING WEEDS A PUBLIC NUISANCE AND COMMENCING PROCEEDINGS FOR THE ABATEMENT OF SAID NUISANCES The City Council of the City of Atascadero , County of San Luis Obispo, State of California, DO HEREBY RESOLVE as follows : SECTION 1 . That weeds growing or potentially could grow, and rubbish, refuse and dirt upon public and private property hereinafter described, constitute or could constitute a public nuisance and are hereby declared to be such, for the reason that such weeds upon maturity will bear wingy or downy seeds , will attain such a large growth as to become a fire menace when dry, will be otherwise noxious or dangerous , or will constitute or potentially could constitute dry grass , stubble, brush, litter or other flammable material thereby creating a hazard to public health. SECTION 2 . The description of the parcels of lots of private property upon which, or in front of which, said nuisances exist, • according to the official Assessment Map of said City of Atascadero, are set in Exhibit A, which is attached hereto and hereby incorporated herein by reference as though here fully set forth. SECTION 3 . The City Clerk is hereby ordered and directed to mail Xji,! ritten notice of the proposed abatement to all persons owning � - property described in this resolution in accordance with Section - ;-6=73 . 04 of City Ordinance No . 61 . ' 5SECTION 4 . The time at which the City Council shall hear and consider all objections or protests to the required removal of said noxious or dangerous weeds , or other flammable material will be at 7 : 30 p.m. on May 24 , 1988 . On Motion by , and seconded by , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote : AYES : NOES : ABSENT: ADOPTED: Resolution No. 28-88 Page 2 ATTEST: City of Atascadero BOYD C. SHARITZ, City Clerk BARBARA NORRIS , Mayor APPROVED AS TO FORM: JEFFREY G. JORGENSEN City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTON City Manager PREPARED BY: MICHAEL HICKS Fire Chief ITEM'"- C-1 t, MATERIAL REGARDING THE INTERIHI CITY MANAGER POSITI69 WILL: BE PROVIDED BY THE CITY MANAGER'SOFFICE AT A LATER TIME'. i 1 f 1 J I x _ d DWI/ -fu 0, MEM6RANDUM ,. To: City Manager and City Council Members FRc3M: Chief 'of Police SU$J: Police Facility DATE: April 21, 1988 � In keeping with the recent purchase agreement for the Beno's store, air' you, ' know, our City has until Friday May 27 1988, "to, inspect the prorery and to determine whether( there are any defects which. would ;render it unacceptable to the Cite." During, the �,veek of April 25th, a teams inspection of the,-Eeno s siofe- ill.),' be conducted,by members of. our building department and pla atng departa!ent in coordination with Rod Levin of Ross, Levin, Mac lntyre and` lxzer rchiteets The results of this inspection.will be reported to Council ;as soon`as avail- able, and we willrmeet the deadline listed above: (Some inspection Vork..txes already, been accomplished by City staffers Bob Flelding, Cal Fernandes and Rost Levin.) Should the inspection reveal' that the facility is acceptathl e for our `use,, , staff will propose a service agreement for the, employmAnt of architectural` services by Ross, Levin, Maclutyre and Varner Archit tss..for scheematic design and architectural drawings of the necessary renovation. It a.s anticipated that we will agenda this item for the 'City ,Cqunit meetiiag of May 10, 1948. For your information... ; RICHARD.H. McHALE RHM:sb i i t a.�3$ F f I Yv } Ttls City Council 'April. 6,, 'SIA: Paul Sons ibatigh,, ActingCity Mabag�e ,. FROM': henry ingen,' Commuhity Develop ,nt "T part en j SUBJECT: ZONR ,CHANGI 2- 8-4 - SECON0 02APYNO {T4xt change increasing; level, o �rivi largia. scale development projects t BAC'��itC1'tt � , on April 12, . 1985; tete City 'Council cousider4 ,, on f#xit reed Ordinance No-' 170, Following public hearing,;.� the .0e�un l� :I . : µ R.ECOMMMATION 1) ,. Aead by title only 2 7 Appr*val 6f attached ordinance` No. 170on second re.4.44itq, I F �LY s�iil Y A Attachment: Ordinance No 1711 , Y I fi 1 / j> { 3 1, p. 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' I-Pt `h '{'t a �, r,. - 2. ,. i _ _ _ Ia. -t ti.,.�6°3-,sas.' �- ,L �.x,..i _ ,�,...,.a 0 Ordinance No. 170 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 call vote: AYES: of NOES: ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney PREPARED BY: HENRY EN EN, C unity Development Director Exhibit A 9-2. 108. Precise Plan. Precise Plan approval is required when a development or use of land is listed in a particular zoning district as an Allowable Use and when it is determined by the Planning' Director that the development project, or the establishment of a use of land which is not a development project, is not eligible for a Categorical Exemption pursuant to Public Resources Code Section 21084 and the State EIR Guidelines. Precise Plans consider the greater effects such uses may have upon their surroundings, and the characteristics of adjacent uses which could have detrimental effects upon a proposed use. Large scale projects (multiple family developments containing twelve or more units, or non-residential projects containing 10, 000 square feet or more of building or outdoor storage area) will require Conditional Use Permit approval even if such uses are listed as Allowable uses in a particular zoning district. The preparation and processing- of a Precise Plan shall be as follows: 9-2. 109. Conditional Use Permit. The Conditional Use Permit is the process used to review land use proposals of a nature or magnitude which could significantly affect their surroundings. Such land use proposals include: 1. Uses that are shown as Conditional Uses in a particular zoning district; or, 2. Multiple family residential developments consisting of twelve (12) or more units, even if such a development is listed as an Allowed Use in a particular zoning district; or, 3. Non-residential developments containing 10,000 square feet or more of building or outdoor storage area, even if such a development is listed as an Allowable Use in a particular zoning district. Because of the intensity of such uses, public review and input into decisions on whether to approve such proposals is needed. That input is given in a public hearing before the Planning Commission. The Conditional Use Permit is a discretionary approval and the Planning Commission may approve or disapprove a Conditional Use Permit or may adopt additional conditions of approval. Conditional Use Permit applications may be denied by the Planning Commission because of specific findings identified through public hearing testimony or because of provisions of this Title. When Conditional Use Permit approval is required to atrtl°terirae-a-tree-lay-ehagter-9-a-faeftiftgpreparation and processing of the application shall be as follows: NOTE: Underlined text to be added, e&&hed text to be deleted JUMORA1 DUM r' To Honorable Mayor and City Council From., , Paul. K. Sensibaugh, s/C Director Of Public or 'ty , ' Acting City Man ager 3 Subject: , LewisAuer Bridge Engineering Proposals Date: April 19. 1988 ` nd on: Staff recommends that Council accept tithe pro 1 1 ' Wal: ace Assoc. for the vehidu'l a .,.bridge andpodio man, br '�' ir�,� � ram< int of & QQ® and the proposal from Tarta ia�- u- thea iOr t street connection In: the amount cif $5.485, for a total, expndf.ture' "�if 9 t 6, 485. ,. (Please refer• to the two alternatives discussod ender 1.2s al Impact _) Bafftround At the March' 8 regul ar meeting. Council authorize ` staff `.t4 quest Proposals for the design' of the :Lewiti Avenue `uehicul :bridge,; the pedestrian bridge nsarby< and the street connector from Lawf.s A . to PaImAl Ave. Four local and four out -of--th �- a Proposal. Of the four _-local f.irmsr twor;tur ie proPc ale. . or ' erlaally said they.'were not interested 'at this time and the;.la.st 1-d not respond. )Tbe four ether firms, which were sele+ t4d: c_*jtdl the have Previously,, requested to be placed, can our liqtOfAerii9�ner bridges, did not respond with proposals. tone �rroto ,tG aAv o ,tha .and one called to s`ay the same. } Please` refer," --to the enclosed background' inforvat.ioh and, .S ope r- o Services. ' Discussion: The following ,is a summary of the Proposals received: . a r, En ineeringg irna Veahjcular Pedestrian street Cam. f -\ Tartag l i a & Hughes N/AIIIA` ` � / 5" 45A Wallace & Assoc. 27i.300 ��22,488 $15, 090; Hoyle Engineering $42..901 $33,521 $14,.95$ $77 '301 al`lace w/Tartagl is . 4f , tyle w/Tartagl is f. R y,1\ " ► i to ynd boot �4 yqy ppe : gai tramtwo MUST and T � � J" U � �08d �ntiMpates ` v dd +5t. ? f to boy VMS i l n ,� spot f• 3 t r r Own tt tw WF ro AMU fu %ICY y' 't Qti3sg4+ yF a'WnP 6yw�' �t r on '• }w!}�.�FyyM !'; �,y AY+, V 4 p."n;4,'ypr Z i f F �1O '' � � � � wow, Wt 14 i 4€ ii;ik t"'Iroi , `" vu ro --fit x �9 only Vw to in I lae for nit Ou Mt d jr fill c� Jam' f.73fif if lid "+1�Y, ;14�. 'V#& ,, L`. 1 ,{ h ,Ir +o y'" i IN ..j. a Y MOO ows oi W can, se,Ln at4 V$ s }. 1 = fit;40 t i0at 546 441: �ASXAS #i VSi7 71 �br N52 F 'SAB '. .'LF 'Sr k . MCImount y., iws'kY '. p 'i�: r ,y .^ �;,F /�h i PAF k F 5 4' loom nip d not, S S, f 1 a S T's AN mg- c f nil { 4 T s Alva 4 So �'-.;elf ay(N No -sem. ,y r Y w;s f74 17 `ifs . ., � 1 v r ., � J'., ✓ IY""..� , .." 1 r .�.,,�-1 e.» ' .......tea_ _ ` � �� y�.r •_� • PROPOSAL TO THE CITY OF ATASCADERO FOR THE f � W �'r�t'� ..fir"� c.r• r� ..r . LEWIS AVENUE IMPROVEMENTS r • VEHICULAR BRIDGE • • PEDESTRIAN BRIDGE • ® ROADWAY ® _ JOHN L. WALLACE & ASSOCIATES CONSULTING CIVIL ENGINEERS `s 1458 HIGUERA STREET•SAN LUIS OBISPO, CA 93401 APRIL 1988 APPENDIX "C" JOHN L . WALLACE & ASSOCIATES SCHEDULE. OF FEES The client hereby agrees to pay John L. Wallace and Associates as compensation for his services, fees according to the following schedule : a. Principal . . . . . . . . . . . . . $ 55 .00 b. Registered Civil Engineer . . . . . $ 42 . 50 C. Associate Civil Engineer . . . . . . . $37 . 50 d. Construction Inspector . . . . . . $ 42 . 50 e. Draftsmen and other Engineering Technicians . . . . . . . . $ 27. 00 f. Secretary . . . . . . . . . . . . . . . $ 20 . 00 g. Actual costs of direct expenses incurred plus 10%, for work and services requested by Client , including but not limited to : automobile at $0. 25 per mile; - lodging and meals ; - long distance telephone, telegram; - postage ; - cost for outside professional consultants required for the work; - materials required for the job and used in drafting and allied activities including printing and reproduction costs . ' All SECTION IV i CONSULTANT FEES AND PROJECTED BUDGET* i Lewis Avenue Vehicular Bridge . . . . . . . . . . . . . . . . . . . . . . . $ 27 , 300 Pedestrian Bridge With Prefabricated Pedestrian Bridge $ 22 , 400 With Custom Design Pedestrian Bridge . . . . . . . . . . . $ 25, 300 X Roadway Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15, 000 4 �o¢'l�70 0 Combined Project With Prefabricated Pedestrian Bridge $ 60 , 000 With Custom Design Pedestrian Bridge $ 62 , 900 i Additional Cost : Foundation Investigation - Lewis Avenue Bridge . . . . . . . $ 300 lFoundation Investigation - Pedestrian Bridge . . . . . . . . • $ 6 , 000** Coss� 5 i Additional services not included in the scope of work (such as construction inspection and administration) would be billed at the hourly rates indicated in the professional fee schedule , Appendix C . ** It is anticipated that a substantial reduction could be realized with respect to the foundation investigation fees if the City wishes to waive any requirement for professional liability insurance . 20 1 ♦ r TH TARTAGLIA-HUGHES CONSULTING ENGINEERS 7360 EL CAMINO REAL, SUITE E . P. O. BOX 1930 ATASCADERO, CALIFORNIA 93423 PHONE (805) 466.5660 City of Atascadero April 11 , 1988 P. O. Box 747 Atascadero, CA 93423 File : 04 Attention: Mr. Paul Sensibaugh Director of Public Works/ City Engineer Subject: Proposal for Engineering Services Street Realignment - Palma Avenue to Lewis Avenue Bridge Dear Mr. Sensibaugh: Please consider this letter as our formal proposal to provide engineering services for the proposed street realignment proj- ect between Palma Avenue and Lewis Avenue. The following is a description of our proposed tasks, estimated time for completion of each group of tasks, and lump sum cost t required to take the project from the initial planning stage through the complete design and the preparation of plans and bid documents. I. PRELIMINARY ENGINEERING 1 . Meet with the City Public Works Department for project coordination and design requirements. 2 . Obtain drawings of record for street alignment, water system improvements and sewer system improve- ments. 3. Meet with utility companies to coordinate and deter- mine the actual field location of P. G. & E. , Southern California Gas Co. , Pacific Bell and Cable TV, if necessary. 4 . Preliminary engineering design. Time to Complete : 2 weeks II. FIELD SURVEYING FOR DESIGN 1. Alignment layout and centerline control of existing streets. 2 . Set temporary bench marks for profile levels , topo- graphic survey and future construction. City of Atascadero April 11 , 1988 Re: Proposal, Street Realignment Page 2 3. Field locate all existing improvements , pipes, and conduits with sizes and flow line elevations. Lo- cate all utility improvements listed in I-3 above. 4. Complete topographic survey for final design. Time to Complete : 1 week III. PROJECT DESIGN 1 . Preparation of project plans which will consist of: a. front sheet b. 1 plan and profile sheet (20 scale) C. 1 detail and cross section sheet 2 . Preparation of project specifications which will consist of bidding documents , general provisions, and special provisions pertaining to this project. 3. Quantity estimate and construction cost estimate. 4 . Print and submit 25 sets of final plans and specifications to the City. Time to Complete : 4 weeks Our lump sum price for project development and design (Items I - III above) is $5 ,485 . 00 . IV. CONSTRUCTION ENGINEERING Construction engineering for the project shall consist of the following: 1 . Attend the preconstruction conference . 2 . Contract administration during construction. 3. Attend final inspection. 4 . Prepare project pay estimate. It is estimated that the construction portion of the project will consist of 20 working days (4 weeks) . Our estimate of time is 20 hours total for the construction engineering phase of the project. The estimated lump sum cost for construction engineering is $850 . 00 . 0 0 City of Atascadero April 11 , 1988 Re : Proposal, Street Realignment Page 3 Since the construction engineering services could vary, we pro- pose to provide engineering services on an hourly basis in ac- cordance with the attached fee schedule. Resident inspection services shall be provided on an hourly basis at the rate of $38 .00 per hour (see attached fee schedule) . The contact person for Tartaglia-Hughes Consulting Engineers shall be Robert C. Tartaglia, who will also be the Project Engineer and responsible for all design and project coordination. The following items are assumptions and explanation of consider- ations which we made in preparing this proposal. 1. The estimated time shown for the various grouping of tasks is the time which we feel it will take for our firm to com- plete those tasks. Any review time required by the City will be in addition to the times indicated. 2. The City of Atascadero will be responsible for the following: a. Designate a contact person for the coordination of all project work. b. Provide all drawings of record for all sewer and street facilities. c. Advertise and bidding phase of the project. d. Pay for all testing during construction. 3. Should the City request any extra services which are not covered under this proposal, then those services shall be paid for on an hourly basis in accordance with the attached fee schedule after the scope of work has been agreed on between the City and Tartaglia-Hughes. 4 . Services during the construction phase of the project, such as construction inspection and construction staking, shall be agreed upon between Tartaglia-Hughes and the City of Atascadero prior to the start of construction. 5 . Tartaglia-Hughes will provide certificates of insurance at the City' s request for the following insurance currently in effect: Professional Liability $100 , 000 General Liability $1 , 000 , 000 Automobile Liability $500 , 000 Workers ' Compensation $3 ,000 , 000 City of Atascadero April 11 , 1988 Re: Proposal, Street Realignment Page 4 We appreciate the opportunity to submit this proposal to the City of Atascadero and are available to discuss any portion of it at your convenience. Sincerely yours, Tartaglia-Hughes Consulting Engineers Robert C. Tartaglia Civil Engineer RCT:jf Attachment TH TARTAGLIA-HUGHES CONSULTING ENGINEERS 7360 EL CAMINO REAL. SUITE E - P. 0. BOX 1930 ATASCADERO. CALIFORNIA 93423 PHONE (603) 466.5660 FEE SCHEDULE M-88 Professional Engineer $53.00 per hr. Licensed Land Surveyor 45.00 per hr. Assistant Engineer/Design Tech. 38.00 per hr. Engineer Tech. /Draftsman 30.00 per hr. Inspector 38.00 per hr. Engineering Aid 22.00 per hr. Clerical 16. 00 per hr. Survey Party Two Men $ 95.00 per hr. Three Men 120.00 per hr. Mileage shall be at the e rate of $0. 35 per mile, Per diem expenses at the rate of $50.00 per man-day. i I i ENGINEERING SERVICES PROPOSAL FOR DESIGN OF BRIDGE STRUCTURES z I ACROSS ATASCADERO CREEK PREPARED FOR CITY OR A` J' . e . �® INCORPORATED JULY 2. 1979 i APRIL 1988 x � .� MOWLE Er'7Mr7EER1r70=WPORMT/O/'7 2277 Fair Oaks Blvd. Suite 305, Sacramento, Ca 95825 (916) 922-8287 a COST SUMMARY Approximate Design f Project Dimension Cost Vehicular Bridge 100' x 44' $42,901 --- Pedestrian Bridge 100' x 10' 33,521 Street Connection 200' x 20' 14 ,958 Total: 1. Three separatero 'ects P 7 $91, 380 2 . All 3 projects designed�fconcurrently__,[• . $71,778 VLK Po- A'�2-J�y V 3 . All 3 projects not designed concurrently $77, 301 f 11. Boyle recommends the award to a single consultant and the direction to prepare one set of contract documents. A significant amount of time and money will be realized by the City as they retain one consultant and award one construction contract not three. The construction cost will also be less with one move-in, not three; one superintendent, etc. However, if the City chooses to award separate contracts, we feel the geotechnical, environmental, survey, and hydrology work for all three projects should be performed at the time the first project is designed. 12. . Resident inspector fees are not included in the cost summaries, however, hourly rates are noted as is per diem and travel expenses, for later negotiations for construction support: ' Resident Engineer $50/hr. Construction Inspector $30/hr. Per Diem (per State) $49/day Travel $.22/mile Other, such as office space, clerical and typing support would be provided by the City, unless otherwise agreed upon. 13 . Boyle is aware of the requirements for the environmental assessment required, the degree of hydraulic study required for this type of a job and the necessary review and evaluation of an earlier geotechnical report. You can be certain the final work will be completed in a professional and concise manner. 14. Boyle is prepared to enter into an agreement to perform the work as either one, two or three separate projects. As a matter of course, Boyle carries full and complete liability insurance for this type of work. Twin Cities Engineering 200 Main Street Templeton, CA Cuesta Engineering 7401 E1 Camino Real Atascadero, CA 93422 John Wallace & Associates 1458 Higuera Street San Luis Obispo, CA 93401 Tartaglia-Hughes Engr. 7360 E1 Camino Real Atascadero, CA 93422 Boyle Engineering Suite 305 2277 Fair Oaks Blvd Sacramento, CA 95825 Willdan Associates Attn: Roy Butler 290 South Anaheim Blvd Suite 100 Anaheim, CA 92805 Alagia-Crosby Engineers 1860 Embarcadero Road, SU 275 Palo Alto, CA 94303 Greiner Engineering 827 State Street, Suite 8 Santa Barbara, CA 93101-3240 March 10, 1988 i Deat Consultant : You are invited to submit a proposal to the City of Atascadero to provide a design for a new vehicular bridge and separate pedestrian bridge across Atascadero Creek and a short street connection, including preliminary design, final design, detail plans and specifications and construction engineering for each. The three items of work are independent of each other with respect to design but fit into an overall plan in a small geographical area . There has not been a preliminary evaluation of the vehicular bridge project but it is anticipated that a one or three—span flat slab approximately 90 to 120 feet in total length will be necessary. A sidewalk will be provided on both sides of the bridge . A separate pedestrian bridge will also span the creek and conceptual designs shall be submitted to the Planning Department for their approval prior to detail plans being submitted (during preliminary engineering phase) . The street section will be 20 feet wide with curb and gutters but without sidewalks and will be about 200 feet in length. Adjacent parking lots will be accommodated in the design as well as appropriate drainage which is minor in nature . Your proposal should be based upon the following Scope of Services : §@@P@ ®f 1) Gather existing plans, maps and other data . The City will Provide any maps, records or other data that it has readily available, upon request . A foundation inspection for the vehicular bridge was completed in` 1979 but may have to be updated. Available also is 100-scale topographic mapping with 2 ft . contours . The consultant should satisfy himself/herself Prior to submittal as to what information is available . 2) Prepare preliminary plans for the three main items of work (the vehicular bridge, the -pedestrian bridge and the street . ) 3) After approval of the preliminary plans prepare detailed construction plans (at a scale approved by the City Engineer) and specifications and bidding documents for public- bid by a governmental agency. 4) Provide construction engineering for the project, including Project administration, review of shop drawings and pay estimates and"resident inspection services as requested. 5) A hydraulic analysis will be a part of the preliminary engineering for the bridges as well as any necessary update to the soils report. 6) All environmental evaluations that are required by local , state or federal agencies will be a part of the preliminary bridge engineering, including, but not limited to, Fish and Game Permits, Army Corps Of Engineers 404 permit, archaeological , wetlands, historical and biological data. NOTE: There are no Federal or State funds involved in this project, only local funds . The consultant shall satisfy himself/herself as the the necessity of the above service . 7) Review the preliminary and final results with the Director of Public Works/City Engineer. The consultant will be expected to meet with staff at least on a weekly basis at the discretion of the Director and at least once before the City Council for each project . At least one major review will be provided to the City Prior to submitting the final drawings . Two weeks shall be given for such review and five (5) draft copies shall be provided. 8) The consultant shall estimate a time of completion for the work for each project . Time of completion may be. a consideration for award. The consultant shall provide twenty five (25) copies and one original of the final completed work. 9) The consultant shall present the City with background information on his/her firm and the key individual (s) that will work on this project . A contact person will be named if the Proposal is accepted. Personnel and available resources will be a determining factor for award. 10) The consultant shall give a fee based on a lump sum, not to exceed figure and shall include all incidental costs such as Printing, travel , etc . Additional compensation shall not be awarded. Progress payments are permissible with a 109 retention. (a) Provide a lump sum for the Vehicular bridge proposal . (b) Provide a lump sum for the pedestrian bridge proposal . (c) Provide a lump sum for the new street proposal . (d) Provide a lump sum for the total of (a) , (b) and (c) above which may be less than the algebraic sum of the three due to the apparent advantage of doing all three completely separate but related projects which are essentially adjacent to one another. 11) NOTE that the City reserves the right to award any or all of the three types of work to one, two or three individual consultants . The design and construction for each is not expected to conflict with the others . 12) NOTE that resident inspection services shall not be included in the above figures, however, an hourly rate shall be provided for such services and shall not be subject to increase . The amount of time necessary for the separate works shall be discussed with the consultant, with the City Engineer making the final determination. 13) NOTE that some requirements such as hydraulics and environmental considerations may or may not be applicable to all three individual projects . The consultant shall satisfy himself/herself as to what data is required to complete the work in a professional and concise manner. 14) The consultant shall be expected to enter into a agreement with the City for the above work and is expected to provide limited liability insurance . We look forward to your submittal and are ready to answer any questions that you may have . Proposals are due on or before 2 : OOpm, April 11 , 1988 at the office of the Director of Public Works/City Engineer. Very Truly Yours, �-•v" i•:.,..i � / �./_C/'moi� . . - „� Paul M. Sensibaugh, c Director of Public Works/ City Engineer MEMORANDUM To: Honorable Mayor and City Council Through: Michael Shelton, City Manager From: Paul M. Sensibaugh, Director of Public Works/City Engineer Subject : Request for Proposals-Lewis Ave . Bridge Design Date : March 1, 1988 Recommendation: Staff recommends that Council direct to request a minimum of three and a maximum of ten proposals for the design of the Lewis Avenue Bridge, including the design of a pedestrian bridge and a connector street between Lewis Ave . and Palma Ave . Background: The Lewis Ave . Bridge project pre-dates the incorporation of the City and most recently action was taken at the combined City/School council/board meeting on February 22, 1988 to finally fix the position of the bridge to align with Lewis Ave . This did not come without some concessions since the City needs an easement across Atascadero Creek from the Atascadero Unified School District to construct the project . Included in the decision was the addition of a connector street that will traverse the alley south of the city parking lot to join Lewis Ave . with Palma Ave . There will be a follow up lease-trade agreement between the City and the Schools to allow the use of each others land to accommodate the safe handling of school children drop offs, school expansion and public parking. The subject design will take this agreement into consideration and submit preliminary plans to the City/School Committee for their review. Discussion: Attached is the proposed Scope of Services which includes the design of the bridge, the design of a seperate pedestrian bridge as outlined in the General Plan, and the connector street discussed above . Traffic circulation and school children drop offs will also be addressed. It is anticipated that once the pedestrian bridge design is completed that that work will be bid immediately. The vehicular bridge and the street work will be bid simultaneously but only after adequate funds are obtained through development fees . V Fiscal Impact : There is $96,750 remaining from the Bordeaux House bridge contribution which was budgeted this fiscal year for the above Purpose . ($101 ,750 less the $5, 000 for the .traffic and school impact study. ) The design is expected to cost about $50, 000. The Pedestrian bridge and walkway Path construction is estimated at $40, 000 . Please refer to the attached January 29, 1988 memo for additional fiscal impact discussion. i i i ikY 1, 1 TO: City Council �� �r i9 VIA:" = Paul Sensibaugh, ActinS. C�ty Manag :r" f FROM: Henry Engen, Community Development Directa'r SUBJECT Condominium Conversions Report 'r�i`3,iM'3 5$li{J#,J rFiD f At the, Council's';April 12, 1988 meeting," staff was :di tect�w» ,. �.� idle d1so4ssion of the"possibility of eons iderin at Co in C Psion Ordinance in 'the future: This bes:�been a -- =.ter> tied by. the City ' in ther past, and, enclosed area"a,Movembe,r ' , 1880 re no tc the City Manager, and a:�egtember 17, 1984:=report to th�►',.Pl rini mission an condominium conversions,. ANALYSIS: ar Cohdotwinium <conversi6n ordi rYahce . were consideted sand 44opt dM bany communities - during times 'when the rental market was: tight., bno , s, to Cities, were thAt affordable rental housin .would.` e�: r =Eby` ' conversions to permanent occupancy ,of these ,dwell in'-4.' Ad Itl communities were concerned that conversion of older a artz*nts _1; . "t 1 ; meeting current standards for permanent,housing wou3.�d" "be,"i ate. t pre-sent, there is s., high vac ncy,'.rate , in, the City;, �s'` reO , housing authorized over the last three years ' s co feted. enoe, thered+ es not 'appear "ta be a compelling, current wed: tea get into th.e issue of a condominium' cc�nversi:on' ordinance et this i Up would Ott would be appropr.ia�te to' reconsider the languaEg "to eon inam cones signs in` the General Plan to establish policy di, ,tion €br t16h +'of 'a futureordinance, RECQMMMDATION Direct the issue of condominium' �cbnversions be ref+ rred ,*o the' 1, ,:� ning Comiseion' for, consideration in the *neral Pin 3p� e - - n; QX IE 14 R t3 0,D IN, '� Xa is r s 1 1 tSYSr ° rA PE,4., etbOrf ' �F�{} t$1..�t��1'�.�1�' r,' �� ai y4 ull "now an �.ywY/.s�}�, y� 4 �. FROM;" .L i"15✓ Vim Ai Mme` •�S"n }' I il F . ,��wy�, y}.y��-;y,�y'y^ !�fY{�. }!�7♦+�+ d :, sy. gyp h, J j y,;}Iyly. '� T`. �fJMwd4 RK4VWGL t ^i. Ila < VI f4 ON noot MY WOK pl.aI1n3.hi e'en Re:3 :c G r p" 1 _` _ , ,. -.'�w.E•:C6s+ .' ,�> E �: t#3 ',.tiY i7. ' .` » �, dw"awin, 'V lot wo WOO 0,1 xvq Lid A Wo r t a I v s IBit `/ ' S h NT 7 ft 4 yL.yw txa / ash i ta> t r LKC � i ,. }, o�7 Wks '^ 1 w"M low . � t+ JAI VIA Wwwho l 4 {h #! 3 yf n 1 r vS 7F i 3 e � X 1 . l A � fiAlla LOW.Ws ' SELECTED CONDOMINIUM LAWS d (California Civil Code) i 783. A condominium is an estate in real property consist- Definition ing of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either (1) an estate of inheritance or perpetual estate, (2) an estate for life or (3) an estate for years, such as a leasehold or a subleasehold. (Amended by Stats. 1969, Ch. 275.) TITLE 6. CONDOMINIUMS Chapter 1. General Provisions 1350. As used in this title unless the context otherwise Definition requires: (1) "Condominium" means, a condominium as defined in Section 7.83 of the Civil Code. (2) "Unit" means the elements of a condominium which are not owned in common with the owners of other condo- miniums in the project. (3) "Project" means the entire parcel of real property divided, or to be divided into condominiums, including all structures thereon. (4) "Common areas" means the entire project excepting all units therein granted or reserved. (5) "To divide" real property means to divide the ownership thereof by conveying one or more condominiums therein but less than the whole thereof. (Added by Stats. 1963, Ch. 860.) 1351. The provisions of this chapter shall apply to Application property divided or to be divided into condominiums only if there shall be recorded in the county in which such property lies a plan consisting of (i) a description or survey map of the surface of the land included with the project, (ii) diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions, and (iii) a certificate consenting to the recordation of such plan pursuant to this chapter signed and acknowledged by /.• the record owner of such property and all record holders of security interest therein. Such plan may be amended 217 or revoked by a subsequently acknowledged recorded in- strument executed bythe record owner of such property {. and by all record holders of security interests therein. Until F. i recordation of a revocation, the provisions of this chapter shall continue�to apply to such property. The term "record owner" as used in this section includes all of the record owners of such property at the time or recordation, but does not include holders of security interests, mineral inter- ests, easements or rights of way. (Added by Stats. 1963, Ch. 860.) Transfer 1352. Unless otherwise expressly stated therein, any transfer or conveyance of a unit or an apartment, office j or store which is a part of 'a unit, shall be presumed to 1 transfer or convey the entire condominium. F (Added by Stats. 1963, Ch. 860.) Conditions of grant 1353. Unless otherwise expressly provided in the deeds, declaration of restrictions or plan, the incidents of a condo- minium grant are as follows: (a) The boundaries of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the unit includes both the portions of the building so described and the airspace so encompassed. The following are not part 'of the unit: bearing walls, columns, floors, roofs, foundations, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, ex- cept the outlets thereof when located within the unit. In interpreting deeds and plans the existing physical boundaries of the unit or of a unit reconstructed in substantial accor- dance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or plan, regardless of settling or lateral movement of the building and regardless of minor i variance between boundaries shown on the plan or in the deed and those of the building. (b) The common areas are owned by the owners of the units as tenants in common, in equal shares, one for each unit. (c) A nonexclusive easement for ingress, egress and sup- port through the common areas is appurtenant to each unit and the common areas are subject to such easements. (d) Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own unit. (Added by Stats. 1963, Ch. 860.) Limitations 1354. (a) Except as provided in this section, the common on partitions areas shall remain undivided, and there shall be no judicial partition thereof. Nothing herein shall be deemed to prevent partition of a cotenancy in a condominium. (b) The owner of a condominium in a condominium project 218 ,. may maintain a partition action as to the entire project as if the owners of all of the .condominiums in the project were tenants in common in the entire project in the same proportion as their interests in the common areas. The court shall order partition under this subdivision only by 3 sale of the entire condominium project and only upon a showing of one of the following: (1) More than three years before the filing of the action, the project was damaged or destroyed so that a material part was rendered unfit for its prior use, and the project has not been rebuilt or repaired substantially to its state prior to the damage or destruction. j (2) Three-fourths or more of the project is destroyed.or substantially damaged and condominium owners holding in f aggregate more than a 50-percent interest in the common areas oppose repair or restoration of the project. (3) The project has been in existence more than 50 years, is obsolete and uneconomic, and condominium owners holding in aggregate more than a 50-percent interest in the common areas oppose repair or restoration of the project. (4) The conditions for such a sale, set forth in restrictions entered into with respect to the project pursuant to Section 1355, have been met. (Amended by Stats. 1976, Ch. 73.) 1355. The owner of a project shall, prior to the convey- Project restrictions ante of any condominium therein, record a declaration of r` s restrictions relating to such project, which restrictions shall be enforceable equitable servitudes where reasonable, and , shall inure to and bind all owners of condominiums in the project. Such servitudes, unless otherwise provided, may be enforced by any owner of a condominium in the project, and may provide, among other things: (a) For the management of the project by one or more of the following management bodies: the condominium y owners, a board of governors elected by the owners, or a management agent elected by the owners or the board or named in the declarations; for voting majorities, quorums, notices, meeting dates, and other rules governing such body or bodies; and for recordation from time to time, as provided for in the declaration, of certificates of identity of the persons then composing such management body or bodies, which certificates shall be conclusive evidence thereof in favor of any person relying thereon in good faith. (b) As to any such management body: (1) For the powers thereof, including power to enforce the provisions of the declaration of restrictions; (2) For maintenance by it of fire, casualty, liability, worker's compensation and other insurance insuring condo- minium owners, and for bonding of the members of any management body; (3) For provision by it of and payment by it for mainte- nance, utility, gardening and other services benefiting the common areas; for employment of personnel necessary for 219 operation of the building, and legal and accounting services; (4) For purchase by it of materials, supplies and the like and for maintenance and repair of the common areas; (5) For payment by it of taxes and special assessments which would be a lien upon the entire project or common areas, and for discharge by it of any lien or encumbrance levied against the entire project or common areas; (6) For payment by it for reconstruction of any portion or portions of the project damaged or destroyed; (7) For delegation by it of its powers; (8) For entry by it or its agents into any unit when necessary in connection with maintenance or construction for which such body is responsible; (9) For an irrevocable power of attorney to the mans - ment body to sell the entire project for he benefit of all of the owners thereof when partition of the project .may be had under Section 1354, which said power shall: (i) be binding upon all of the owners, whether they assume the obligations of the restrictions or not; (ii) if so provided in the declaration, be exercisable by less than all (but not less than a majority) of the management body; (iii) be exercisable only after recordation of a certificate by those who have power to exercise iit that said power is properly exercisable hereunder, which certificate shall be conclusive evidence thereof in favor of any person relying thereon in good faith. (c) For amendments of such restrictions which -amend- ments, if reasonable and made upon vote or consent of not less than a majority in interest of the. owners in the project given after reasonable notice, shall be binding upon every owner and every condominium subject thereto whether the burdens thereon are increased or decreased thereby, and whether the owner of each and every condominium consents thereto or not. (d) For independent audit of the accounts of any man- agement body. (e) (1) For reasonable assessments to meet authorized expenditures of any man-agreement body, and for a reason- able method for notice and levy thereof, each condominium . to be assessed separately for its share of such expenses in proportion (unless otherwise provided) to its owner's frac- tional interest in any common areas; (2) For the subordination of the liens securing such assess- ments to other liens either generallyor specifically de- scribed. (f) For the conditions upon which partition may be had of the project pursuant to Section 1354. Such right to partition may be conditioned upon failure of the condo- minium owners to elect to rebuild within a certain period, specified inadequacy of insurance proceeds, specified dam- age to the building, a decision of an arbitrator, or upon any other reasonable condition. (g) For restrictions upon the severability of the component .,.:. interests in real property which comprise a condominium 220 ,- as defined in Section 783 of the Civil Code. Such restric- tions shall not be deemed conditions repugnant to the interest created within the meaning of Section 711 of the Civil Code; provided, however, that not such restrictions shall extend beyond the period in which the "right to partition i a project is suspended under Section 1354. (Amended by Stats. 1976, Ch. 73.) 1356. A reasonable assessment upon any condominium Assessments made in accordance with a recorded declaration of restric- tions permitted by Section 1355 shall be a debt of the owner thereof at the time the assessment is made. The amount of any such assessment plus any other charges thereon, such as interest, costs (including attorneys' fees), and penalties, as such may be provided for in the declaration of restrictions, shall be and become a lien upon the condo- minium assessed when the management body causes to be recorded with the county recorder of the county in which such condominium is located a notice of assessment, which shall state the amount of such assessment and such other charges thereon as may be authorized by the declaration of restrictions, a description of the condominium against which the same has been assessed, and the name of the record owner thereof. Such notice shall be signed by an authorized representative of the management body or as otherwise provided in the declaration of restrictions. Upon payment of said assessment and charges in connection with which such notice has been so recorded, or other satisfaction thereof, the management body shall cause to be recorded a further notice stating the satisfaction and the release of the lien thereof. Such lien shall be prior to all other liens recorded sub- sequent to the recordation of said notice of assessment except that the declaration of restrictions may provide for the subordination thereof to any other liens and encum- brances. Unless sooner satisfied and released or the enforce- ment thereof initiated as hereafter provided such lien shall expire and be of no further force or effect one year from the date of recordation of said notice of assessment; pro- vided, however, that said one-year period may be extended by the management body for not to exceed one additional year by recording a written extension thereof. Such lien may be enforced by sale by the management body, its attorney or other person authorized to make the sale, after failure of the owner to pay such an assessment in accordance with its terms, such sale to be conducted in accordance with the provisions of Sections 2924, 2924b and - 2924c of the Civil Code, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law. Unless otherwise provided in the declaration of restrictions, the management body shall have power to bid in the condominium at foreclosure sale and to hold, lease, mortgage and convey the same. (Amended by Stats. 1963, Ch. 860.) 221 Liens 1357. No labor performed or services or materials fur- z nished with the consent of or at the request of a condo- minium owner of his agent or his contractor or subcon- tractor, shall ;be the basis for the filing of a lien against the condominium of any other condominium owner, or against any part thereof, or against any other property of any other condominium owner, unless such other owner has expressly consented to or requested the performance of such labor or furnishing of such materials or services. Such express consent shall be deemed to have been given by the owner of any condominium in the case of emergency repairs thereto. Labor performed or services or materials furnished ' for the common areas, if duly authorized by a management body provided for in a declaration of restrictions governing the property, shall be deemed to be performed or furnished with the express consent of each condominium owner. -The owner of any condominium may remove his condominium from a lien against two or more condominiums or any part thereof by payment to the holder of the lien of the fraction of the total sum secured by such lien which is attributable to his condominium. (Added by Stats. 1963, Ch. 860.) Personal Property 1358. Unless otherwise provided by a declaration of restrictions under Section 1355, the management body, if any, provided for therein, may acquire and hold, for the benefit of the condominium owners, tangible and intangible personal property and may dispose of the same by sale or otherwise; and the beneficial interest in such personal prop- erty shall be owned by the condominium owners in the same proportion as their respective interests in the common areas, and shall not be transferable except with a transfer of a condominium. A transfer of a condominium shall transfer to the transferee ownership of the transferor's beneficial interest in such. personal property. (Added by Stats. 1963, Ch. 860.) Construction 1359. Any deed, declaration or plan for a condominium • project shall be liberally construed to facilitate the opera- tion of the project, and its provisions shall be presumed to be independent and severable. (Added by Stats. 1963, Ch. 860.) Notice of restrictions 1360. (a) The owner of a lot or unit in any of the subdivisions referred to in Section 11004.5 of the Business and Professions Code, shall, as soon as practicable before transfer of title or the execution of a real property sales contract as defined in Section 2985, give to the prospective purchaser a copy of the declarations of restrictions, bylaws, and articles of incorporation affecting rights to the property being offered for transfer, and a true statement in writing from the governing body of any of the subdivisions referred to in Section 11004.5 of the Business and Professions Code as to the amount of any delinquent assessments and informa- tion relating to penalties, attorney's fees, and other charges _ therein as provided by the declaration of restrictions of the 222 .' subdivision or the management documents of the governing body on the lot or unit as of the date the statement is issued (b) Upon written request, the governing, body of any of the subdivisions referred to in subdivision (a) shall, within 10 days of the mailing or delivery of such request, provide the owner of a lot or unit in such subdivision with a copy of the declarations of restrictions, bylaws, and articles of incorporation applicable to that subdivision, together with a true statement in writing as to the amount of any delinquent assessments, penalties, attorney's fees, and other charges therein as provided by the declaration of restrictions of the subdivision or the management documents of the governing body on the lot or unit as of the date of the request. The governing body may impose a fee for providing such documents and statement, but in no event shall the fee exceed the reasonable cost to prepare and reproduce the requested documents. (c) The provisions of this section, except those provisions relating to a written statement of delinquent assessments and such other charges as may be authorized by the declara- tion of restrictions or management documents, shall not apply to the transfer of a lot or unit the transfer of which is required to be preceded by the furnishing to a prospective purchaser of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code. y (d) Any person or entity who willfully violates the provi- sions of this section shall be liable to the purchaser of a lot, or unit which is subject to the provisions of this section for the actual damages and in addition thereto shall pay a penal sum in an amount not to exceed five hundred dollars ($500), and in an action to enforce such liability, the prevailing party shall be awarded reasonable attorney's fees. (e) Nothing in this section shall affect the validity of title to real property transferred in violation of the provi- sions of this section. (Amended by Stats. 1982, Ch. 805.) Chapter 2. Zoning 1370. Unless a contrary intent is clearly expressed, local Effect on local zoning ordinances shall be construed to treat like structures, ordinances lots, or parcels in like manner regardless of whether the ownership thereof is divided by sale of condominiums or into community apartments as defined in Section 11004 of the Business and Professions Code, rather than by lease of apartments, offices or stores. (Added by Stats. 1963, Ch. 860.) 223 torium shall include a water or sewer moratorium or a water and sewer moratorium, as well as other actions of public agencies which regulate land use, development, or the provision of services to the land, other than the public agency with the authority to approve or conditionally ap- prove the tentative map, which thereafter prevents, pro- hibits, or delays the approval of a final or parcel map. (Amended by Stats. 1982, Ch. 518.) Extension of approval 66452.7. The governing body, when there is no advisory period agency or the advisory agency is required by Section 66455.5 of the Government Code to submit the tentative map to the Office of Intergovernmental Management, may extend the time permitted for action on such map if it is required to allow consideration of the evalution received from the + Office of Intergovernmental Management, but such extension shall not exceed 15 days. C (Added by Stats. 1974, Ch. 1536.) Notice of proposed 66452.8. (a) Commencing at a date not less than 60 conversion days prior to the filing of a tentative map pursuant to Section 66452, the subdivider or his or her agent shall give notice of such filing, in the form outlined in subdivision (b), to each person applying after such date for rental of a unit of the subject property immediately prior to the acceptance of any rent or deposit from the prospective tenant by the subdivider. (b) The notice shall be as follows: "To the prospective occupant(s) of address The owner(s) of this building, at (address), has filed or plans to file a tentative map with the (city, county, or city and county) to convert this building to a (condominium, community apartment, or stock cooperative project). No units may be sold in this building unless the conversion is approved by the (city, county, or city and county) and until after a public report is issued by the Department of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing. signature of owner or owner's agent I have received this notice on dated date (prospective tenant's signature)" 158 (c) Failure by a subdivider or his or her agent to give the notice required in subdivision (a) shall not be grounds to deny the conversion. However, if the subdivider or his or her agent fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice, and who does not purchase his or her unit pursuant to subdivision (d) of Section 66427.1, an amount equal to the sum of the fol- lowing: (1) Actual moving expenses incurred when moving from the subject property, but not to exceed five hundred dollars ($500). (2) The first month's rent on the tenant's new rental unit, if any, immediately after moving from the subject property, but not to exceed five hundred dollars ($500). The requirements of this subdivision constitute a minimum state standard. However, nothing in this subdivision shall be construed to prohibit any city, county, or city and county from requiring, by ordinance or charter provision, a sub- divider to compensate any tenant,- whose tenancy is ter- minated as the result of a condominium, community apart- ment project, or stock cooperative conversion, in amounts or by services which exceed those set forth in paragraphs (1) and (2) of this subdivision. In the case of such a requirement by any city, county, or city and county, a subdivider who meets the compensation requirements of the local ordinance or charter provision shall be deemed to satisfy the requirements of this subdivision. (Amended by Stats. 1981, Ch. 603. Effective Septem- ber 22, 1981.) 66452.9. (a) Pursuant to the provisions of subdivision (a) Notice of proposed of Section 66427.1, the subdivider shall give notice 60 days conversion prior to the filing of a tentative map pursuant to Section 66452 in the form outlined in subdivision (b), to each tenant i of the subject property. (b) The notice shall be as follows: • "To the occupant(s) of address - The owner(s) of this building, at (address), plans to file a tentative map with the (city, county, or city and county) to convert this building to a (condominium, community apartment, or stock cooperative project). You shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing. signature of owner or owner's agent (date)" 159 The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. a (Amended by Stats. 1981, Ch. 603. Effective Septem- ber 22, 1981.) Stock cooperative 66452.10. A stock cooperative, as defined in Section conversions 11003.2 of the Business and Professions Code, or a com- munity apartment project, as defined in Section 11004 of the Business and Professions Code, shall not be converted to a condominium, as defined in Section 783 of the Civil Code, unless the required number of owners in the coopera- tive or project, as specified in the bylaws, or other organi- zational documents, have voted in favor of such conversion. F If the bylaws or other organizational documents do n ot expressly specify the number of votes required to approve such a conversion, a majority vote of the owners in the cooperative or project shall be required. The provisions of Section 66499.31 shall not apply to a violation of this section. (Added by Stats. 1982, Ch. 1426.) i, Article 2.5. New Rental Housing: Conversion (Added by Stats. 1982, Ch. 1447.) Authority for local re- 66452.50. Notwithstandinganother strictions on conver- division, a local agency may, Y Provision of this g Y Y� upon application by a sub- sion of rental housing divider, in connection with the approval of a tentative or final map for the proposed construction of a condominium development, which requires the obtaining of a tentative or final map under provisions of this division or local ordinances enacted pursuant thereto, enter into a binding agreement with the subdivider mandating that the units be first made available for rental housing for a period of not less than 10 years from the date a certificate of occupancy has been issued for the units within the development; pro- vided that (1) at the expiration of the 10-year period the units within the development may be sold to individual purchasers, in accordance with the approved final map authorizing the development without further proceedings under the provisions of this division or local ordinances enacted pursuant thereto, and (2) during the period the units are required to be made available for rental purposes, the units are insured or are to be insured or co-insured pursuant to the provisions of Chapter 4 (commencing with Section 51850) of Part 4 of Division 31 of the Health and Safety Code, and (3) each tenant of a unit within the development shall be given 180 days, written notice prior to actual conversion. Such notice shall include an offer of an exclu- sive right to contract for his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant. The right shall run for a period of not less 160 q than 90 days from the date written notice of actual conver- sion was sent to the tenant. Any such agreement shall be in writing, particularly describe the real property and set forth the name or names 3 of the record title owner of the real property affected i thereby, and be executed by the person authorized to act on behalf of the local agency and by the subdivider. From the date of execution of the agreement, it shall be binding upon the local agency, the subdivider, and their successors. The fact that a condominium development is subject to such an agreement shall be set forth on the face of any tentative or final map approved by the local agency and the agreement shall be recorded in the office of the county recorder in the county in which the real property is located on or before the date or recordation of the final map. (Added by Stats. 1982, Ch. 1447.) 6645251. Prior to the acceptance of any rent or deposit Required notice of from a prospective tenant, the following notice shall be conversion provided: To the prospective occupant(s) of address The owner(s) of this building at (address), have received :=# a tentative map with (city, county, or city and county) to convert this building to a (condominium, community apart- ment, or stock cooperative), no sooner than (date). You will be notified at least 180 days prior to the actual conversion. Further, if you still reside in your unit, you will be given an exclusive right to purchase your unit. signature of owner or .owner's agent dated I have received this notice on dated (prospective tenant's signature) (Added by Stats. 1982, Ch. 1447.) Article 3. Review of Tentative Map by Other Agencies 66453. A local agency may make recommendations con- Review by adjacent - cerning proposed subdivisions in any adjoining city or in any agencies adjoining unincorporated territory provided such subdivisions 161 are within three miles of the exterior boundary of such local agency. q local agency which desires to make recom- mendations concerning such proposed subdivisions shall file " with the local agency having jurisdiction of such subdivisions a map indicating' g the territory in which it desires to make such recommendations. The local agencies receiving such `• territorial map shall issue a receipt therefor and shall thereafter transmit to the official designated by such local agency one copy of each tentative map of subdivisions located wholly or partially within the territory outlined on the territorial map. Such transmission shall be within five days after the receipt of the tentative map. j Any local agency receiving such tentative map shall make its recommendation to the local agency having jurisdiction '- of the subdivision within 15 days after receipt of such tentative map. The recommendations shall be taken into consideration by the local agency having jurisdiction before action is taken upon the tentative map. (Added by Stats. 1974, Ch. 1536.) Effect of annexation 66454. Any subdivider may file with a city the tentative map of-a proposed subdivision of unincorporated territory adjacent to such city. The map, in the discretion of the city, may be acted upon in themanner provided in Article 2 (commencing with Section 66452) of this chapter, except that if it is approved, such approval shall be conditioned upon annexation of the property to such city within such period of time as shall be specified by the city, and such approval shall not be effective until annexation of such property to the city has been completed. If annexation is not completed within the time specified or any extension thereof, then the approval of such map by such adjacent city shall be null and void. No subdivision of unincorporated territory may be effected by approval of a map by a city unless annexation thereof to the city is completed prior to the approval of the final map thereof. (Added by Stats. 1974, Ch. 1536.) Caltrans interest 66455. The *** Department of Transportation may file with the legislative body of any local agency having juris- diction, a map or an amended map of any territory within one mile on either or both sides of any state highway routing in which territory it believes the subdivision would have an effect upon an existing state highway or a future state highway, the route of which has been adopted by the California Transportation Commission. The city or county having jurisdiction shall issue a receipt for the territorial map and *** shall transmit *** , within three days of receipt, to the district office of the depart- ment in which the proposed subdivision is located, one copy of each tentative map of any subdivision located, in whole or in part, within the territory outlined on the territorial map. The department *** within 15 days after receiving a copy of the map, may make recommendations to the local agency 162 • 0 M E M O RAN D U M : TO: CITY MANAGER November 19 , 1980 FROM: PLANNING DIRECTOR SUBJECT: MORATORIUM ON CONDOMINIUMS AND CONDOMINIUM CONVERSIONS On November 17, 1980 the Planning Commission reviewed the attached Staff report and unanimously recommends as follows : A. Adoption of Findings 1-7 : 1. The scarce supply of rental housing is less affected by - the construction of new condominiums and the conversion of apartments to condominiums than it is by the lack of rental housing construction associated with the cost of land, the availability of financing, the scarcity of properly zoned land and inflation. 2. Problems associated with tenant displacement can best be handled by encouraging an increased supply of rental housing enhancing tenant mobility and choice. 3. Adequate provision for consumer protection and the dis- semination of information to prospective buyers is avail- able through the Public Report prepared by the Department of Real Estate. 4 . Development standards required by lending institutions in order to finance conversion projects should be ade- quate to assure constructed and maintained dwelling units are not converted without needed upgrading. 5. For the most part, development and construction standards for apartments and condominiums should not be significantly different. 6 . In an era where there is an apparent desire for less gov- ernment, condominium owners should expect to operate and maintain their own projects through C.C. and R' s . 7. The free play of market forces is the preferred alternative in working towards solutions for existing housing problems. B. That the moratorium on condominiums and condominium conversions be allowed to lapse. C. That Staff be directed to conduct studies to evaluate the ef- fects of existing general plan densities on multiple family housing construction and continue to survey housing stock, Page Two Memorandum: Moratorium, Condominiums/Condominium Conversions conversions, vacancy rates and similar data with a report back to the Planning Commission within six months. In making the above recommendation the Planning Commission con- sidered the following alternatives : 1. Allow the moratorium to lapse. This can be combined with a directive to do additional studies. 2 . Extend the current moratorium. Since a draft ordinance has not been prepared, some extension should be made if revisions are the accepted alternative. The Government Code would al- low a maximum extension of one more year although a shorter time could be specified. The minimum extension to allow for preparation of an ordinance, public hearings, and adoption and effective date of an ordinance would be approximately four months. 3 . Modify the moratorium. Projects previously filed could be allowed to proceed and projects with less than a certain num- ber of units could be exempted from the moratorium. Each of these alternatives is available to the City Council and an ordinance to effectuate the second alternative has been provided. There was considerable discussion amont the Commissioners on this matter, but no comments were made by members of the public. Pri- mary items discussed included the potential effects on tenants displaced by conversions, the possible obstacle to new rental con- struction posed by General Plan densities, and the desire to allow the private sector to work with a minimum of unnecessary govern- mental intervention. The consensus was that the problem did not appear to be serious enough to warrant continuing the moratorium, but that continued monitoring of the situation was desirable. lalv�w I LAWRENCE ST ENS MURRAY WARDEN Planning Di ctor City Manager /Ps CITY OF ATASCADERO I—M - a 1979 1918 Planning Department November 17 , 1980. STAFF REPORT SUBJECT: Moratorium on Condominiums and Condominium Conversions. BACKGROUND At the urging of the Planning Commission, the City Council enacted Ordinance No. 12 , an emergency measure establishing a moratorium on condominiums and condominium conversions, in November, 1979. At that time, a study was directed to evaluate procedures and regu- lations on the subject. A background report, which included information on State Controls, local zoning and subdivision authority, major issues, alternative approaches, and a local housing survey was prepared by the Planning .Department for Planning Commission and City Council review in Jan- uary - February, 1980. Ordinance No. 17 , extending the moratorium for an additional eight months was adopted by the City Council in March, 1980 to allow additional time to study the matter. The intent was to prepare a draft ordinance for additional discussion before the Planning Com- mission and City Council. EXISTING REGULATIONS 1. ATASCADERO GENERAL PLAN Two residential policy proposals have been adopted which pertain directly to this subject: "16. New condominium projects, planned mobile home developments and stock cooperatives shall be reviewed on an individual basis as community housing needs, neighborhood character, and site improvements will dictate . 17 . To alleviate the problems arising from the conversion of existing rental units, the City may regulate condominium conversions. The City shall revise its zoning ordinance and subdivision ordinance regarding condominium con- versions in order to: (a) Establish criteria for the conversion of existing multiple rental housing to condominiums, community apartments, stock cooperatives, and new or limited equity stock cooperatives. Page Two Staff Report - Moratorium on Condominiums and Condominium Conversions 0 (b) Reduce the impact of such conversions on residents in rental housing who may be required to relocate due to conversion of apartments to condominiums, community apartments, stock cooperatives, and new or limited equity stock cooperatives by providing procedures for notification and adequate time and assistance for such relocation. (c) Insure that the purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase. (d) Insure that converted housing achieves high quality appearance and safety and is consistent with the goals of the City' s general plan. (e) Encourage opportunities for housing ownership of all types, for all levels of income and in a variety of locations. (f) Encourage a continuing supply of rental housing for low and moderate income persons and families. " In effect, these authorize regulatory action through ordinances if and when a problem is perceived and a response is dictated. 2. ZONING ORDINANCE No specific mention is made concerning condominiums or their conversions. As a result they are treated in an identical manner with apartments and similar multiple dwelling units. For a new condominium this would mean a permitted use, departmental review or conditional use permit depending upon the zoning and the number of units proposed. For a conversion, it is probable that no zoning action would be necessary unless some additional improvements are proposed. 3. SUBDIVISION ORDINANCE A parcel or tract map is required depending on the number of units involved. Certain findings are required through this process (see Section entitled "Authority - Subdivision Map Act") the most important of which relate to general plan consistency. The findings are primarily related to new construction rather than conversions. Furthermore, the findings seem general and vague rather than specific. 4 . STATE REGULATION - DEPARTMENT OF REAL ESTATE Direct State regulation of condominiums, community apartments, and stock cooperatives occurs through the State Department of Page Three Staff Report - Moratorium on Condominiums and Condominium Conversions Real- Estate and is primarily oriented towards consumer protection. In conjunction with the sale of units, the Department of Real Estate issues a public report which provides information con- cerning the project to the potential buyer. This report allows the developer to sell a particular unit and must be delivered to and acknowledged by the buyer. Normally the report is prepared towards the end of or after the local government review. The following information is usually required to be submitted: - names and addresses of owners and subdividers - a statement of the condition of the legal title - a statement of the conditions of sale - provision for public utilities - proposed uses - any provision limiting uses (i.e. , CC&R' s) - soil conditions and geologic report - any liens - estimate of indebtedness - public school services - locations of existing and proposed airports In the case of planned developments, condominiums, community apartments and stock cooperatives the Department of Real Estate also has jurisdiction over the adequacy of provisions to complete improvements, transfer title to purchasers, and form and operate a homeowners' association. Additional information usually re- quired to be submitted includes: - date of renovation or replacement of the building and its mechanical components - statement of conformity to code - engineering reports on foundation, mechanical components , plumbing and roof and structural pest control inspection report, if available - renovation of common areas and operation of homeowners' association - escrow conditions for impounding purchase monies - provision for public services - building plans (optional) - plan for financing sale The Department of Real Estate may generally halt a project if it is determined that there is fraud, misrepresentation, title prob- lems, lack of adequate water supply, inadequate financial ar- rangements for improvements, and inadequate arrangements for management of common areas. However, there is limited regula- tory authority over some of these areas in that failure to provide the information would result in a statement that the information was not provided rather than a requirement to provide it. Page Four Staff Report - Moratorium on Condominiums and Condominium Conversions 0 DEFINITIONS Prior to embarking on a detailed discussion of the issues and alter- native responses to them, it seems beneficial to provide some definitions of common terminology: - apartment - A dwelling in a structure which is designed or used to house two or more families - community apartment - An undivided interest in the land coupled with the right of exclusive occupancy of any apartment located thereon. - condominium - An estate in real property consisting of an undivi- ded interest in common in a portion of a parcel of real property together with a separate interest in space in a building on such real property. - stock cooperative - A corporation which is created for the pur- pose of holding title to improve real property either in fee simple or for a term of years, provided that all of the share- holders of such corporation receive a right of exclusive occu- pancy in a portion of the real property. The title of the real property is held by the corporation and the right of occupancy is transferrable only concurrently with the transfer of the share or shares of the stock in the corporation held by the person having such right of occupancy. organizational documents - The Declaration of Covenants, Conditio* and Restrictions (CC&R' s) , articles of incorporation, by-laws and any contracts for the maintenance, management, or operation of all or any part of a project. - conversion - A proposed change in the type of ownership of parcel or parcels of land and the existing structures thereon. - vacancy rate - The number of apartments being offered for rent or lease as a percentage of the total number of apartments. - association - The organization of persons who own a condominium unit or right of exclusive occupancy in a community apartment. AUTHORITY The legal authority for local regulation of condominiums , community apartments, stock cooperatives and conversions to these uses evolves from several sources including the Subdivision Map Act, the General Plan, the California Environmental Quality Act and the general police power. 1. SUBDIVISION MAP ACT The creation of a unit for sale falls under the auspices of the Subdivision Map Act meaning that a parcel map or a tract map must be applied for, approved, and recorded. There are a variety of mechanisms within the Subdivision Map Act that affect the tentative map review processes. The most important of these is the requirement that subdivisions can be approved only if they are consistent with the General Plan (see Section 66473 .5) . Tho implication is that a community must have an adopted general plan 1 Page Five Staff Report - Moratorium on Condominiums and Condominium Conversions and 'that it must make some provision for the consideration of these uses and conversions to them. The Subdivision Map Act also delegates the power to adopt ordinances regulating the physical design and improvement of a subdivision and, in fact, specifies mandatory denial if any of the following findings are made (see Section 66474) : - That the proposed map is not consistent with applicable general and specific plans - That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans - That the site is not physically suitable for the type of development - That the design of the subdivision or the proposed improve- ments are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife in their habitat - That the design of the subdivision or the type of improve- ments is likely to cause serious public health problems - That the design of the subdivision or the type of improve- ments will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. While it is obvious that these findings are primarily oriented towards undeveloped land being prepared for single-family dwell- ings, some of them can nevertheless be applied towards new multiple family developments and the conversion of existing structures. Only Section 66427. 1 of the Subdivision Map Act specifically addresses conversions and it requires that tenants of a proposed project must receive 120 days written notice be- fore they must move and 60 days right of refusal to purchase their units. Senate Bill 1646 , passed and signed in the last session of the legislature, will increase the notice and right of refusal time periods for tenants in conversion projects. Two bills (SB 1645 and SB 1838) make provision for improved notice to tenants during local hearing. In addition, SB 1838 includes a requirement that 40% of the tenants must agree to purchase their units or conversion is prohibited. Copies of each of these bills have been requested so their specific impacts can be eval- uated. 2. GENERAL PLAN A 1975 Attorney General ' s opinion emphasizes that the key to economic and social regulations in the Subdivision Map Act is general and specific plan consistency. It was noted that the . housing element requires adequate provision for the housing needs of all economic segments of the community indicating that ob- jectives, policies, and programs intended to minimize tenant Page Six Staff Report - Moratorium on Condominiums and Condominium Conversions displacement problems and to maintain a supply of affordable 0 housing are properly included within a general plan and can serve as a basis for approving or disapproving a project. In fact, Section 66427 . 2 of the Map Act provides that a conversion cannot be reviewed for consistency unless the general plan addresses the issue. 3. POLICE POTTER (ZONING) The police power is a very broad grant of authority stemming from the State Constitution and it authorizes control not only over the traditional physical characteristics of land use but also over social and economic concerns. In planning,. it is traditionally exercised through the zoning ordinance which does not usually contain social and/or economic standards--at least overtly. The most common zoning technique is the conditional use permit although other approaches are possible. . It should, however, be pointed out that conversions can be regulated through a zoning ordinance only if the ordinance clearly expresses its intent to treat conversions differently because of their form of ownership. A more extensive discussion of specific oppor- tunities to regulate these uses under the police power will follow in subsequent sections of this report. 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT Subdivision projects are also subject to compliance with the California Environmental Quality Act except that condominium conversions are categorically exempt because they involve existing buildings. However, consideration of the cumulative impact of numerous conversion projects or a finding of signifi- cant environmental effect due to displacement of a large number of people can make such an exemption inapplicable. Generally, the CEQA process is an informational one intended to identify problems and provide mitigation measures with the subsequent zoning and subdivision processes accepting the brunt of the approval/conditional approval/disapproval focus. MAJOR ISSUES The recent popularity of condominiums, community apartments, stock cooperatives and conversions to these uses has forced most local governments to take a hard look at them and their impacts. A num- ber of reasons for this popularity can be identified including profit potential for the owner/developer, the consumer demand for reason- able priced ownership housing, the fear/threat of rent control , and the availability of financing. This popularity has also been asso- ciated with a downturn in rental housing construction. Some of the factors in this downturn include inflation, high land costs , lack of available financing, lack of available land for multiple family • development, and increasing local and State controls. The end re- sults create turmoil and conflict between owners and developers and their displaced tenants with local government often placed right in the middle. Page Seven Staff Report - Moratorium on Condominiums and Condominium Conversions 1. DISTINCTIONS BETWEEN APARTMENTS AND CONDOMINIUMS One of the issues to be addressed is whether or not there is a distinction between apartments and these ownership forms of housing. Section 1370 of the California Civil Code states that like uses must be treated in the same manner indicating that a "contrary intent provision" must be enacted within the ordinance if different procedures, development standards or other regu- lations are applied to these uses. Conditions attached to a use permit, variance or similar regulatory device, if applied to the ownership forms of housing, must be rationally related to the distinctions between these types of uses. Some conditions (i.e. , lesser density, more off-street parking, garage door openers, more open space, more storage space, etc. ) appear to be based upon the assumption that persons who hive in the ownership forms of housing are entitled, or expect, higher quality housing than persons who live in apartments. However, some other con- ditions (i.e. , sound insulation between units, energy standards, separate utility connections, upgrading of common areas, shock mounting of mechanical equipment, etc. ) may be more reasonable since these features are not easily observed until the unit is occupied and since owners cannot move out as readily as renters. Consideration should also be given to the fact that such re- quirements tend to increase the purchase price and may preclude conversion of existing apartments. Perhaps the most apparent distinction is attributable to the change from a single re- sponsible management party (i.e. , the owner or landlord) to an association form of management. This distinction has been identified by at least one California case (Norsco Enterprises vs. City of Fremont) which upheld an ordinance which stated " . . .that unlike apartments with rental units, condominium devel- opments, with a lack of guaranteed effective and continuous management, present special land use problems. . . " . Some of the problems include the ability to collect Homeowners ' Associa- tion dues and its impact on the continuing financial obligations (i.e. , utilities if not separately metered and renovation and upgrading of common facilities (i.e. , roof, building exterior, landscaping) especially if costly and unexpected. It must however be understood that existing ordinances of the City do not make any distinction between apartments and condo- miniums. Careful consideration should be given in this regard in order to avoid treating rental units as "second-class citizens. " It seems difficult to justify that the same unit should be built differently depending on whether the occupant is a renter or an owner. 2 . LAND AVAILABILITY A second issue is related to the availability of land zoned or planned for multiple family development since this land must be Page Eight Staff Report - Moratorium on Condominiums and Condominium Conversion "shared" by both apartments and the ownership forms of housing. The impact on the rental market is most often associated with the conversion process (that will be discussed shortly) but may also be a consideration of new multiple family ownership housing. This occurs when market conditions, profit potential , tax advantages, availability of financing, community policies and similar factors strongly favor ownership housing over ren- tal housing. New construction of ownership housing would occur using a disproportionate share of the available eventually squeezing the rental market unless adequate provision is made through the planning and zoning process to assure a ready sup- ply for both. There has, however, been a tremendous decrease in apartment construction over the last few years. The resulting tight rental market associated with inadequate housing supply can create hardships on those who make a conscious choice to rent and those who are forced to rent because they cannot afford to own. It should be pointed out that many factors affect the problem of housing supply. The City can, through its actions, affect some of them including adequate land zoned for such use, reasonable development standards (density, parking, etc. ) , and responsibe review processes. Some are beyond local government purview especially in the area of financing, inflation, labor costs, material costs, etc. although there has been in recent years considerable more effort to put government most directly into the housing field via increased Federal and State funding, local housing authorities, new legislation and a variety of other mechanisms 3. TENANT IMPACTS The majority of the sensitive issues, and perhaps the primary concern of the City of Atascadero, are related to the conversion of existing rental projects to ownership forms of housing. Con- versions displace the tenants occupying those buildings, make it harder for them to find new living quarters by reducing the supply of rental housing, result in higher rents for these people and generally stir the emotional pot. Conversions can also have adverse effects on their new owners if the buildings were not designed for that type of use, are not properly reno- vated, or do not make adequate provision for management. Studies show that the majority of tenants in converted apart- ments do not buy their units largely because they cannot afford them. This can be attributed to the lack of ready financial resources needed to make a down payment and the tremendous in- crease in monthly payments to make the change. These can be especially difficult for elderly on fixed incomes, the disabled who may have special accessibility problems, and families with 0 ,children. Each of these groups would have difficulties in find- ing suitable substitute rental housing, especially if a tight or otherwise limited rental market exists. Page Nine Staff Report - Moratorium on Condominiums and Condominium Conversions 4 . THE -HOUSING SHORTAGE The State of California has a serious housing shortage with demand falling further behind supply each year. The lack of new apart- ment construction has intensified this shortage problem forcing rents higher and reducing vacancy rates below the level desired to maintain a competitive market. Generally, a 5% vacancy rate would indicate a rental housing shortage. The vacancy information seems to provide the most valid premise to reg- ulate, and even prohibit, conversion activity but is unfortun- ately not readily available information. It should be pointed out that rental vacancy rates seldom include those single family dwellings which are available for rental occupancy. These types of shortages are felt primarily by those who are least able to afford it such as the elderly; the disabled; and, in some cases, families with children. Several recent Federal studies indicate that the shortage of rental housing supply is more properly associated with the lack of rental housing construction rather than the conversion of exist- ing rental housing to condominiums. Nationwide statistics indicate that since 1970 only 1. 3 percent of the rental stock has been converted. These studies also indicate that the desire for home ownership (i.e. market demand) is the usual driving force behind conversion. This suggests that the proper solution to the problem is to increase rental construction opportunities rather than to restrict condominium conversions. 5. CONSUMER PROTECTION Another issue is that of consumer protection. In California, in general, and in a community with the rural character of Atascadero, there is a bias favorable to detached single family dwellings creating a general unfamiliarity with problems encount- ered in group ownership of larger, attached buildings . Purchasers are less likely to spot structural or similar problems which may become known only after the sale. Even though the Depart- ment of Real Estate reviews maintenance and improvement budgets , it does not perform detailed inspections that might identify potential problems. Purchasers may not understand the respon- sibilities and needs of a homeowners ' association since they often expect less responsibility and maintenance than with a single family dwelling. However, the operation of an associ- ation may require extensive group participation in management and decision-making. While the premise of "let the buyer be- ware" is oft-quoted, there seems to be a growing mood towards added consumer protection. 6 . SUMMARY It must, however, be clearly established that there are no clear- cut answers to the issues raised here. Different communities s s Page Ten Staff Report - Moratorium on Condominiums and Condominium Conversions 0 will. and must treat the issues differently based upon the make-up of the community and the goals, objectives, policies, and pro- grams of the community. Nevertheless, some of the pros and cons related to condominiums, community apartments, stock cooperatives and conversions to these uses can be identified. PROS CONS - increases home ownership - decreases supply of rental housing - reduces transiency/increased stability - removal of housing afford- able to low and moderate - provides added opportunity income persons for home ownership to lower income persons - results in overall higher housing prices - encourage renovation of existing building (conver- - displaces tenants sion) or recycling of older building into higher densi- - group ownership has potential ties (new construction) for special participatory management problems - conversions result in increased assessed value 0 Certainly there are some contradictions evident in the above and it seems essential to evaluate the pros and cons in light of community values and concerns. ALTERNATIVE APPROACHES As was previously noted, many communities are studying these problems and many have already enacted various types of controls. Rather than simply attaching a number of sample ordinances, this effort will be directed towards listing the types of controls that are being considered or are in effect. It should be pointed out that many of these controls are directed towards conversions but can also be looked at in general application. An attempt has been made to organize the information by purpose or intent but clear-cut dis- tinctions are not always possible. 1. MAINTAINING A REASONABLE SUPPLY OF RENTAL HOUSING - establish a desired mix of rental vs. ownership housing and deny projects which will adversely affect that percentage ratio. - establish a rental vacancy rate which will allow denial of con- version projects when a shortage exists - limit the number of conversions to a specified number (sometimes based upon rental construction in the prior year) Page Eleven Staff Report — Moratorium on Condominiums and Condominium Conversions - prohibit conversion of buildings that are part of the community' s low and moderate income housing stock - require a reasonable percentage of new or converted units to be reserved for persons of low and moderate income - require "in lieu" fees from a developer to be placed in a fund for the purpose of providing new low and moderate income housing . - increase densities or offer density bonuses for certain types of multiple projects - review amount of land available for multiple family developments - encourage lending institutions to finance rental and ownership multiple family housing developments - evaluate local government mechanisms and funding sources to more directly intervene into the housing market (i.e. housing authority, CDBG funds, etc. ) 2. TENANT PROTECTION (CONVERSIONS) - provide notice to tenants of consideration by the local government of a conversion request (SB 1645 now does this) - consider conversion request based upon ability of low and mod- erate income tenants to find comparable housing within the community - require consent of a percentage of the tenants before a conversion can be approved - require a percentage of tenants to sign purchase agreements be- fore a conversion can be approved (SB 1838 does this) - require a number of units to be maintained as rentals for certain hardship cases - allow long-time residents to retain their rental status for a spec- ified period of time including the possibility of lifetime leases for the elderly - require developer to provide housing assistance payments to aid eligible low and moderate income persons - assure compliance with notice of intent to convert as set forth in Map Act - require notice of repair or remodelling to tenants Page Twelve Staff Report - Moratorium on Condominiums and Condominium Conversions 0 3. ASSISTING OR EASING THE TENANTS ' MOVE (CONVERSIONS) - require provision of up-to-date information on comparable apart- ments - prohibit rent increases once notice of intent to convert is made - require return of various deposits made by tenants - provide for additional time for elderly, disabled, or persons with demonstrated special problems to find new housing —require developer to reimburse tenants for reasonable moving expenses 4 . FACILITATING OWNERSHIP encourage discounts or other favorable terms for tenants pur- chasing their own units in conversion projects discourage speculation by requiring buyers to live in units for a specified period of time - discourage initial speculation by limiting sales to one per indi- vidual restrict sales prices of converted units so that they are not removed from the low and moderate income housing supply 5. BUYER PROTECTION - require pre-sale inspection of converted buildings with infor- mation on building condition, any violations, etc. given to prospective buyers - require building history of converted buildings to be given to prospective buyers - require a warranty on the building and its systems - provide for a cooling-off period during which a prospective buyer may change his mind - require a developer to establish an operating budget which contains a "sinking fund" to cover expected major maintenance and repair - require a professional management firm to assist the homeowners ' association - prohibit discrimination against groups such as the elderly, the disabled, families with children 0 Page Thirteen Staff Report - Moratorium on Condominiums and Condominium Conversions review the CC&R s and provide for local government parti- cipation in certain aspects of the maintenance and management of the homeowners ' association 6 . DEVELOPMENT STANDARDS - require compliance with all building, fire, zoning and related codes in effect at the time a building is converted (rather than when it was constructed) - require correction of all violations for buildings which are converted - require individual metering of all utilities - require shock-mounting of all mechanical equipment including major appliances - establish higher building construction standards including, but not limited to, impact insulation, sound insulation, fire walls, and similar - provide for additional storage space - require additional parking spaces including garages with auto- matic openers - provide for laundry facilities within each unit - allow lower densities than for apartments - establish additional design criteria such as prohibiting "stacked" units, shared stairways, and similar - require more open space and improvement or amenities within the open space - provide for upgrading renovation of common areas in converted buildings - encourage use of low maintenance building and landscaping materials It seems obvious that a whole range of alternatives is being tried. Certainly, some are unpallatable, unworkable and unnecessary for the City of Atascadero. Many will also necessitate costly, cumber- some, and complex mechanisms in order to be effectively implemented. It should be pointed out that this listing was not provided with the intent of implementing them in this City, but rather to illustrate the range of alternatives and levels of involvements that are possible. g�.l 1 91 6 eez' yri ^zea t�ez e Y,e e r� ■ Page Fourteen Staff Report - Moratorium on Condominiums and Condominium Conversions THE ATASCADERO SITUATION Oftentimes, the specific community considerations are based upon a wealth of statistical information most of which is either out- dated and not available in a desired form. At the direction of the Planning Commission, the Staff has conducted a quick and brief survey of housing in January, 1980 which included the following steps: 1. Obtain best available housing data from County including purchase price, rental cost, income, total units with breakdown-s, vacancy information, construction trends and similar information. 2. Contact San Luis Obispo Housing Authority to get informa- tion on assisted housing programs and for any other rental data that is available. 3. Contact Board of Realtors, local realtors in rental market, Chamber of Commerce to get best available information con- cerning rental units now on market (number, location, cost, size, trends) including overall assessment of situation. 4 . Get the want ads for each unit now being advertised in the local newspapers and contact to get information (number, location, size of project, rent, size, etc. ) including over- all assessment of situation. It should be noted that the data that follows comes from a variety of sources and is not internally consistent. In addition, some estimation and approximation has been applied to the "numbers. " As a result, the data should be understood to be generalized rather than specific. Construction trends can be noted in the following table: UNITS : SFR/MH MFR MISC TOTAL 1976 3 ,975 571 41 4 , 569 1979 4 ,723 911 52 5,686 APT. CONST. : Nov 1976 1977 1978 1979 Jan 1980 Issued 3 240 78 15 3 Finalled --- 29 206 53 --- No Final --- --- 33 20 --- (avg. prof . size - 3 . 84) This table shows an increase in multiple family units between 1976 and 1979 but also indicates tha most of the increase occurred in 1977 and and early 1978 with a significant downturn in the latter part of 1978 and in 1979 . Nevertheless , it is clear that the dominance of the single family residence (nearly 900) over the multiple family residence (approximately 100) will continue. Page Fifteen Staff Report - Moratorium on Condominiums and Condominium Conversions Information gathered on existing and unoccupied building sites would tend to retain a similar ratio. With this small number of multiple units, the conversion of as little as 30 or so units can represent an impact on the rental housing market. Furthermore, land use policy proposals will not significantly alter this trend. There has been no condominium or condominium conversion activity in Atascadero although approximately 180 units are pending. CONDO 4/71 - 1/80 0 CONDO 4/71 - 1/80 0 appl. but not built 88 CONY. Moratorium 57 no application 12 57 moratorium 34 - 134 An effort has also been made as part of the survey to generate some cost data. The San Luis Obispo Housing Authority continueally up- dates realtors and local newspapers as information sources. 0 bdrm 1 bdrm 2 bdrms 3 bdrms 4 bdrms April, 1979 178 199 264 333 --- September, 1979 156 210 265 323 --- Fair Market Rents 178 217 276 316 357 It was also indicated that the Housing Authority assists 41 families living in Atascadero with their rent. As a comparison, the median sales price for a house in Atascadero is approximately $78, 000. Certain rough rules of thumb can be applied to housing costs and these are as follows : Monthly payment (incl. taxes and insurance) : 1% of loan Housing costs per month (rent or buy) : 250-33% of income Purchase Costs 2 .5-3 times gross annual income Using a median income of $16 , 250, rental costs generally fall within these guidelines while purchase costs generally exceed levels of affordability. Obviously those below median income levels have a greater difficulty with the income/housing cost ratios . The survey that was conducted also evaluated the vacancy rate. Each local newspaper was checked and all local realtors who actively par- ticipate in the rental market were also contacted. This procedure should result in finding most current vacancies. Page Sixteen Staff Report - Moratorium on Condominiums and Condominium Conversions SURVEY OF VACANT FOR RENT" units range available of rents avg. rent 0 bedrooms 1 --- --- 1 bedroom 5 180-230 211 2 bedrooms 19* 225-330 295 3 bedrooms 0 --- _-- 4 bedrooms 0 --- --- 25 *8 two bedroom units are available for rent ($375/month) or sale in the Quail Ridge development, but are not included in this data. Excluding the Quail Ridge units, the apartment vacancy rate within Atascadero is 30 . This figure is generally the lowest desirable one to allow reasonable mobility for renters. In all likelihood, the above information is indicative of a "tight" rental housing market which, coupled with limited new apartment construction, is probably going to continue for some time into the future. Knowing this should affect the level of control to be implemented as a result of this study. However, it should also be pointed out that the General Plan places strong faith in the "free play of market forces. " STAFF COMMENTS In reviewing numerous draft ordinances, reports, studies , newspaper articles and similar media related to this controversial issue, it does appear that many address the symptoms rather than the problems. Addressing the symptoms achieves certain short term results , mini- mizes some controversies, and salves the emotions but does not attack the real problems . It appears that the primary efforts should be directed towards the construction of rental housing. In this regard a review of development standards especially the density limitations contained in the General Plan seems highly appropriate. Furthermore, a review of land use and zoning for multiple family development could also be considered. The immedi- acy of these actions does not, however, seem imperative. Much of the rest of the effort should fall on the private sector (lenders, builders) and on State and Federal actions . If these efforts are not successful, then the City could eventually focus on more inter- vention by investigating other funding sources and mechanisms . Since this report and these comments are made in conjunction with consideration of the current moratorium, it is necessary to point out the possible actions that are available. These include: Page Seventeen Staff Report - Moratorium on Condominiums and Condominium Conversions 1. Allow the moratorium to lapse. This can be combined with a directive to do additional studies as suggested in the "Comments" section above. 2. Extend the current moratorium. Since a draft ordinance has not been prepared, some extension must be made if revisions are the accepted alternative. The Government Code would allow a maxi- mum extension of one more year although a shorter time could be specified. The minimum extension to allow for preparation of an ordinance, public hearings, and adoption and effective date of an ordinance would be approximately four months . 3. Modify the moratorium. Projects previously filed could be al- lowed to proceed and projects with less than a certain number of units could be exempted from the moratorium. In the event that Alternative #2 is recommended, Staff will be pre- pared at the Commission meeting with a "shopping list" of possible ordinance provisions for discussion and comment. This will facili- tate the preparation of a draft ordinance minimizing any further time delays necessitated by the moratorium. It will also provide Staff with a better idea of the Commission' s perception of the problems. To prepare for this , a close review of possible ordinance provisions is available in the "Alternatives" section of the report. In addition, numerous ordinances from other jurisdictions are avail- able for review in the Planning Department. FINDINGS 1. The scarce supply of rental housing is less affected by the construction of new condominiums and the conversion of apart- ments to condominiums than it is by the lack of rental housing construction associated with the cost of land, the availability of financing, the scarcity of properly zoned land and inflation. 2. Problems associated with tenant displacement can best be hand- led by encouraging an increased supply of rental housing en- hancing tenant mobility and choice. 3 . Adequate provision for consumer protection and the dissemination of information to prospective buyers is available through the Public Report prepared by the Department of Real Estate. 4 . Development standards required by lending institutions in order to finance conversion projects should be adequate to assure constructed and maintained dwelling units are not converted without needed upgrading. 5 . For the most part, development and construction standards for apartments and condominiums should not be significantly different O 6 . In an era where there is an apparent desire for less government, condominium owners should expect to operate and maintain their Page Eighteen Staff Report - Moratorium on Condominiums and Condominium Conversions own projects through C.C. and R' s. 7 . The free play of market forces is the preferred alternative in working towards solutions for existing housing problems . RECOMMENDATION Based upon the Findings, the Planning Department recommends as follows: 1. The moratorium on condominiums and condominium conversions be allowed to lapse. 2. Studies be made to evaluate the effect of existing zoning regulations on multiple family housing construction. ACTION The Planning Commission should by motion direct Staff to transmit a recommendation on the moratorium for consideration by City Coun- cil at the public hearing on November 24 , 1980 . 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ECmm m'dmm mmmmomm as c-'. av $m m >am_.>_ �y m m G a� `= cmj >0= p m cM AMM M �c`M mMM`p c di m 0 $Tn o :n m ca) >_ m3 $ m m _ E $ m a)m ao_ vpp, >,� � oC°3 > ao)coi �° (DMO'o (7ia � ommL=LL .L �tyr3aimc�>-nom•- 0) � O Q y C C m C m to a C y cu y O U H ;1-F- C H O•C F- ct7p�H «. p> m tT a O m'�O C t1 C a c L E C O m 0 m C L d m m U^`C r. m >.>.^c)^U O O m o c ma Q m (0 6 3> C.N V w m E 7 m m m U a m m e w O a7)C L m m CL CLU cC U a m m ` m m N'- m m y n Q O O N y v v p v Y v v$ r y c6 y Em C E C p C �f ,��„ d N U L tf 'N m >. 7 m 0 w L C m W .Cm- m O O 8 O 3 ado E C N io C °> Y - p m A Q a m R y c3U 8aaa ao am'> � $ a mm - 3M:= Ein:.;`v,m > ORDINANCE NO. AN ORDINANCE OF THE CITY OF ATASCADERO EXTENDING THE MORATORIUM ON THE APPROVAL OF PERMITS FOR CONDOMINIUM USES, CONDOMINIUM SUBDIVISIONS, AND CONDOMINIUM CONVERSIONS WITHIN THE CITY FOR P_ PERIOD OF ONE YEAR AND DECLARING SAID ORDINANCE TO BE AN EMERGENCY ORDINANCE WHEREAS, the Council made certain findings in Ordinance No. 12 entitled, "An Ordinance Making Findings and Creating a Mora- torium on the Approval of Permits for Condominium Uses, Condomin- ium Subdivisions, and Condominium Conversions within the City of Atascadero and Declaring Said Ordinance to be an Emergency Measure, " and WHEREAS, Ordinance No. 17 extending said moratorium for an additional eight months was adopted on March 10, 1980; and WHEREAS, the Council finds that said findings remain valid in that additional time is required to complete the ongoing studies and to prepare procedures and regulations governing condominiums and condominium conversions; and WHEREAS, the appropriate public hearings have been conducted by the Council pursuant to Section 65858 of the State Government Code. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1. The existing moratorium on the issuance or ap- proval of any permits for condominium uses, condominium subdivisions, and condominium conversions within the City as imposed by the pro- visions of Ordinance Nos . 12 and 17 , is hereby extended for a period of one (1) year. Ordinance No. Page Two Section 2. Urgency Measure. This ordinance is an urgency ordinance necessary to preserve the public peace, health and safety due to the facts as set forth in Ordinance No. 12 , and is adopted pursuant toGovernmentCode Section 65858 . Section 3 . Effective Date. This ordinance, being an urgency ordinance for the immediate protection of the public health, safety and general welfare, containing a declaration of the facts con- stituting the urgency, and passed by a four-fifths (4/5) vote of the Council shall take effect immediately upon its adoption. - Section 4 . Publication. The City Clerk shall cause this or- dinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in this City; shall certify to the adoption and publication of this ordinance; and shall cause this ordinance and its certification, together with proof of pub- lication, to be entered in the Book of Ordinances of this City. The foregoing ordinance was introduced, adopted, and ordered published at a meeting of the City Council held on November 24 , 1980 by the following vote: AYES: NOES: ABSENT ATTEST: ROBERT J. WILKINS, Jr. Mayor MURRAY L. WARDEN, City Clerk n MEMORANDUM f 'r 'I`C3; City Council Paul M. Sensibaugh, .;.Director of Public VorjC.s, SU 3JECT, Purchase of Sanitation Vehicle- DATE: April Stiff "rete uaends than £oiuncil Authorize,,,, staff, �� .pur a 19188, Chevrol.et .'C--1Q from the State of Cal. fornia Depart#ij of, 40nera1 Serviceas bid award for that vehicle; Baclgroxind: 1 The ab*vo item was authorized in the current Staff haschecked focal costa for comparable vehicles and" mss; found` that purchasing, through the $tate bid �. r economical 'route:. _ E Discus on: . This vehicle wi11 be an additional standard 1./2 ton ,pick, UP.- long whoelbise_ , for the Wa.stew.at ' er Treatment Fiscal impa4t The cost this vehicle .will be �Approx,nmate ali, y there i $10v000 buddc-reted for this item. Omer l"ine,:i � 1 . the Sanitation budget. have. been ur�dr estimate, thafare` ti additional $1 ,225 would not overrun, the total capi al ,o = budget in this division. t�, i ( ;r T I