HomeMy WebLinkAboutAgenda Packet 07/12/1988 NOTE : THERE WILL BE A` COUNCIL OPEN SESSION AT 4 : 30 P.M.
IN THE FOURTH FLOOR ROTUNDA CLUB ROOM REGARDING
PARK AND RECREATION COMMISSION INTERVIEWS
THERE WILL ALSO BE A COUNCIL CLOSED SESSION AT
5 :30 P .M. IN THE FOURTH FLOOR ROTUNDA CLUB ROOM
REGARDING EMPLOYEE NEGOTIATIONS
AGENDA
ATASCADERO CITY COUNCIL
REGULAR MEETING
ATASCADERO ADMINISTRATION BUILDING
FOURTH FLOOR, ;ROTUNDA .ROOM
JULY 12, 1988
7:30 P.M, '
RULES OF PUBLIC PARTICIPATION:
Members of the audience may speak on any item on the agenda.
A person may speak for five ( 5) minutes .
No one may speak for a second time until everyone wishing to
speak has had an opportunity to do so.
No one may speak more: than twice on any item.
Council Members may question any speaker; the ,speaker may
respond, but, after the allotted time has 'expired, ;may not
initiate further discussion.
The floor will then be closed to public participation and
open for council discussion.
Call to Order
Pledge of Allegiance
Roll Call
City Council Comment: ` * Appointment of Four Park and
Recreation Commissioners
-Four Year Terms
x* Consideration of Composition of
Council Committees and
Reappointments to County-Wide
Advisory Bodies
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* Proclamation Acknowledging July 22-30 as "Babe
Ruth Baseball Week"
COMMITTEE REPORTS:
(Approximate Time - 7 :`45 P .M. )
(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 Transit8 . Police` Facility Committee
3 San Luis Obispo Area 9 .' Atascad.ero Lake Acquisition '
Coordinating Council Committee
4 . Traffic Committee 10 . Bicentennial Committee
5 . Solid/Hazardous Waste 11. Tree Committee
Management Committee
6 . Economic Opportunity Commission
COMMUNITY FORUM:
(Approximate Time 8 :-00 P.M. )
The City Council values and encourages exchange of ideas and
comments from you the citizen.
The Public Comment Period is provided to receive comments from
the public on matters other than scheduled agenda items .`; To
increase the effectiveness of Community Forum, the following
rules will be enforced:
* A maximum of 30 minutes will be allowed for Community Forum,
unless Council authorizesanextension'.
All remarks shall be ` addressed to Council, as a whole, and
not to any individual member thereof .
* No person shall be permitted to make slanderous , profane
or personal remarks against any Council Member or 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 - 8:30 P .M. )
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 June 28 , 1988 Regular Council Minutes
2 . Denial of Claim by Attorney Philip Newell in Behalf of
Craig Prescott - $500 , 000
3 . Denial of Chaim by Leo Fairbanks for Property Damages, -
$325 . 20
amages -$325 . 20
4 . Acceptance of Final Lot Line Adjustment 19-87 -
2405 Santa Ana Road - DavisfVolbrecht `Surveys
5 . Approval of Tentative Parcel Map 11-88 - 5550/'5560 Llano
Road - Proposed Subdivision of 11 .50 Acres: into 4 Parcels
of 2 . 86 Acres Each - Atkinson/Twin Cities Engineering
6 . Approval of Tentative Parcel Map 12-88 - Proposed Conversion
of an Approved (not constructed) 9 Unit Apartment Complex
into Residential Condominiums - 6805 Santa Lucia - Anderson/
Messer
7 . Approve Resolution 53-88 Designation of a Portion of
Valle-Avenue as a "One-Way Street"
8 . - Approve Designation of Stop Intersections
A. Resolution 51-88 - Designation of a' Stop Intersection
on Arena Avenue at Yerba Avenue
B. Resolution 52-88 - Designation of a Stop Intersection
on Yerba Avenue at Estrada Avenue
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-B. HEARINGS/APPEARANCES/REPORTS:
1 . (Approximate Time - 8: 35 P.M. )
Zone Change 15-87 and Tentative Parcel Map 39-87 -
9240 Vista Bonita Road - Yeomans/Frederick
A. Public Hearing
B. Ordinance 180 Amending the 'Existing RSF-Y and
RSF=Z Zoning to Provide for a Planned Development
Overlay, Implement a Tentative Tract Map to Reorganize
the Existing Six Lots Totaling 6 .32 Acres into Six Lots
from 7 , 260 to 9, 132 Square Feet, ,Create a New Open
Space of 5 . 18 Acres, and Abandon a Portion of Vista
Bonita Road (FIRST READING)`
C. Approval of Tentative Tract Map 39-87 (Description
Above)
(Approximate Time - 9: 00 P.M. )
2 . General "Plan Amendment 2B-88 and Zone Change 8-88
Site Between Highway 101 and El Camino Real, North of
:Del Rio 'Road - Elks Lodge
A. Public Hearing
B. Resolution 49-88 - Approving an Amendment to the Land
Use Designation of the City General Plan from
is Residential Suburban & Commercial Retail to Public
C. Ordinance 178 - Amendment to the City Zoning from
Residential Suburban and Commercial Retail to Public
and Revising the Zoning Text to Allow Membership
Organizations as a Conditional Use (FIRST READING)
BREAK - 9 : 15 P.M. (15 MINUTES)
C. ATASCADERO COUNTY SANITATION DISTRICT
(Council will recess 'and 'convene as the Atascadero `county
Sanitation District Board of Directors)
(Approximate Time - 9 :30 P.M. )
1 . Report on Review of Waste Water Treatment Plant Conditions
by Regional Water Quality Control Board
(Board to recess and reconvene as the Atascadero City
Council)'
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D. UNFINISHED BUSINESS
(ApproximateTime - 9 : 45 P .M. )
1 . Report and Recommendation Regarding Street Improvement
District for Chandler Ranch Area (Cont' d from; 5/24/88),
(Approximate Time - 10 :00 P.M. )
2 . Use Permit Renewals (Cont' d from 6/14 & 6/28/88) :
A. "Duck Hut" Concession (Atascadero- Lake Park) -
operator - Richard Oswald - F.Y. 1988/89 Lease
B. "Pop' s Tackle Shop" Concession (Atascadero Lake
Park) - operator - Richard Oswald - `Month-to- Month
Tenancy
(Approximate Time - 10 : 20 P.M. )
3 . ordinance 174 - Amending ordinance 138, Business License
Provisions, and Centralizing the Administration in the City
Finance Department (Cont' d from 6/28/88) (SECOND AND
FINAL READING)
(Approximate Time - 10 : 25 P.M )
4 . ordinance 176 - ( Zone Change 9-88) 9840 El Camino :teal-
Amending the Official Zoning Maps from Commercial Tourist to
Public (City of Atascadero Initiated) (SECOND & 'FINAL
READING) (Cont' d from 6/28/88)
(Approximate Time - 10 :30 P .M. )
5 . Ordinance 177 - Amendment to the City Zoning Maps from
Residential Suburban, Flood Hazard Overlay to Residential
Multi Family (RMF/10 (FH) , Flood Hazard Overlay - Rankiewicz
11455 Viejo Camino (Cont' d from 6/28/88) ;(SECOND AND FINAL
READING)
(Approximate Time - 10 : 35 P.M. )
6 . Status on City Surplus Property Located on Traffic Way -
Purchase Negotiations - Verbal (Cont' d from 6/24 , _ 5/24,
3/22 and 1/26/88)
E . INDIVIDUAL DETERMINATION
(Approximate Time - 10 : 45 P.M. )
1 . City Council
2 . City Attorney
3 . City Clerk
4 . City Treasurer
5 . City Manager
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PLEASE NOTE : ' THE CITY COUNCIL WILL ADJOURN FROM THIS REGULAR
COUNCIL SESSION TO THE FOLLOWIG SPECIAL OPEN
SESSIONS TO BE HELD IN THE ADMINISTRATION
BUILDING FOURTH FLOOR CLUB ROOM:
JULY 14 . . . . . 5 :00 P .M. . . . . 1988/89 BUDGET REVIEW'
JULY 15 . . . . 5 : 00 P.M. . . . . 1988/89 BUDGET REVIEW
JULY 18 . . . . . 5 :00 P.M. . . . . 1988/89 BUDGET REVIEW
(NON-PROFIT ORGANIZATIONS)
JULY 21 . . . . `. 4 : 30 P.M . . . . PLANNING COMMISSION
INTERVIEWS
C
OAIN4 AGEMQA /
ATASCADERO CITY COUNCIL
MINUTES
JUNE 28, 1988
The regular meeting of the Atascadero City council was calledto
order at 7:30 p.m.
ROLL CALL:
All present - Councilmembers Borgeson, Bourbeau,
Handshy, Mackey and Mayor Norris
JUNE 7, 1988 ELECTIONt
City Clerk Boyd Sharitz presents the certification of the June 7,
1988 election, via Resolution 43-88, provided by the
San Luis Obispo County Elections Office
MOTION: Councilmember Bourbeau moves approval of the
Resolution 43-88; Councilmember Mackey
seconds Motion carries unanimously
The City Clerk swears in new Councilmembers Rollin Dexter,
Alden Shiers, and Robert Lilley, which is followed by a round of
applause.
Appreciation- of Dedication Plaques are given to exiting
Councilmembers Bourbeau, Handshy, and Norris
CITY COUNCIL COMMENTS:
Comments of thanks and recognition ' are exchanged between
Councilmembers to exiting members.
�y e
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MAYOR AND MAYOR PROTEMPORE POSITIONS:
MOTION: -Councilmember Shiers nominates Councilmember
Borgeson to the Mayor position; Councilmember
Dexter seconds; Motion carries unanimously
MOTION: Councilmember Lilley nominates Councilmember
Dexter as Mayor Protempore; Councilmember
Borgeson seconds; Motion carries unanimously
MAYOR POSITION TERM:
It is noted that Council has previously taken actions providing
for one and two year terms of the Mayor position and
clarification is needed at this time.
MOTION: Councilmember Mackey moves to approve a 1-year
term to the Mayor position; Councilmember Lilley
seconds; Motion carries unanimously
COMMITTEE REPORTS: •
City/School Committee - City Manager Hanley summarizes items of
discussion at a recent meeting related to school children's
routes to school and a Santa Margarita After School Program with
City participation.
Traffic Committee - Councilmember Mackey states that several
traffic sign locations will be presented to Council in the near
future,
PavilionCommittee Mayor Borgeson requests a proposal from the ", •
Pavilion Committee related to future disposition of the building
at an early Council Meeting. mayor Borgeson clarifies to
Councilmember Lilley that two Councilmembers are presently on the
committee and a third (Lilley) would not be appropriate, as it
would constitute a quorum.
Atascadero Lake Park Committee - A report is requested to be
presented to Council for action soon.
Mayor Borgeson states there is a need to review the City's ad hoc
committees and representation by Council on these committees in
the near future.
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COMMUNITY FORUM:
Ms. Dorothy Smith offers her services regarding implementation of
the ERA Report Section regarding Artists and Craft Makers to
attract tourists, and suggests the formulation of an ad hoc
committee to address such matters.
Community Development Director Henry Engen is requested by
Council to discuss the above with Ms. Smith.
CONSENT CALENDAR:
1. Approval of the June 14, 1988 Regular Council Minutes
2. Approval of the May, 1988 Finance Department Report
3. Approval of the May, 1988 Treasurer's Report
4. Resolution 46-88 - Approval of a Three Year Contract
with Glenn, Burdette, Phillips and Booker - City Audit
Services (Conceptual approval from the 6/14/88 Meeting)
5. Authorization for Temporary Road Closure - Portola Road,
from Morro Road to Marchant - Babe Ruth Tournament -
July 23-30, 1988, at Various Times
6. Acceptance of Final Lot Line Adjustment 12-87 - 7503
. Carmelita/7505 Curbaril - Bench/Stanley/Central Coast
Engineering (Cont'd from 6/14/88 Council Meeting)
7. Authorization for a Public Auction for Unclaimed Property by
the Atascadero Police Department
8. Approval of a Two-Year Grounds Maintenance Contract with
Frank Grim Mowing Service (Conceptually Approved 6/14/88)
Cont'd from 5/10 & 6/14/88)
9. Approval of Revised California Mens Colony Contract for
Fiscal Year 1988/89
10. Resolution 44-88 - Approval of Adjustment to the Development
Fees, Adopted in City ordinance 119, According to the
Consumer Price Index Increase
11. Acceptance of Final Parcel ap 5-88 - 7450 Santa Cruz Road -
Las Encinas/Cuesta Engineering
12. Authorization to Continue Contract Employment Agreement for
John Le Sage Temporary Full-Time Building Inspector
Position
13. Authorization to Continue Contract Employment Agreement for
Eric Porter, Temporary Full-Time Assistant Planner Position
14. Acceptance of Final Parcel Map 5-88 - 4555 El Camino Real -
Hull/Volbrecht Survey
Item 4 (Audit Contract) is removed from the Consent Calendar by
Councilmember Lilley and Item 8 (Grounds Maintenance Contract) by
Mayor Borgeson for further discussion.
. MOTION: Mayor Mackey moves approval of the Consent
Calendar Items, except Items 4 and 8;
Councilmember Lilley seconds; Motion carries
unanimously
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ITEM 4 APPROVAL OF A THREE-YEAR CONTRACT WITH GLENN,
BURDETTE, PHILLIPS AND BOOKER - CITY AUDIT SERVICES
(Conceptually approved at the 6/14/88 Council
Meeting) :
The proposals received by the City are reviewed, showing the
Glenn, Burdette, Phillips and Booker proposal being $20,000 more
than the Robert Moss Accounting proposal over three years.
City Treasurer Gere Sibbach notes that the Moss Accounting firm
have provided service to the City for the past eight years and it
was felt that there was a real need for a new audit firm Hours
provided was also considered as a factor for the choice made by
the Audit Committee.
City Attorney Jeff Jorgensen and City Manager Hanley clarify the
common practice of government agencies to utilize auditors for
short terms because of the use of public funds, and the reduction
of routinizing procedures developed by long term involvement.
MOTION: Councilmember Mackey moves approval of
Resolution 46-88; Awarding the Three-Year Audit
Contract to Glenn, Burdette, Phillips, and Booker;
Councilmember Shiers Seconds; Motion carries 4-1
(Councilmember Lilley opposed)
ITEM 8 APPROVAL OF TWO-YEAR GROUNDS MAINTENANCE CONTRACT WITH
FRANK GRIM MOWING SERVICE (Conceptually approved
6/14/88) (Cont'd from 5/10 & 6/14/88)
Park and Recreation Director Robert Best states that the
Contractor has complied with all requirements related to
obtaining a City Business License, insurance, etc.
It is noted that a 30-day contract discontinuance clause is
provided in the contract if Council should desire to discontinue
service.
MOTION: Councilmember Mackey moves approval of the Two-
Year Mowing Contract with Frank Grim Mowing
Service for $31,142 per year; Councilmember Lilley
seconds; Motion carries 4-1
(Mayor Borgeson opposed)
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ITEM B-1 LICENSE AMENDMENTS (Cont'd from 6/14/88)
A. PUBLIC HEARING
B. ORDINANCE 174 - AMENDING ORDINANCE 138, BUSINESS
LICENSE ORDINANCE, AND CENTRALIZING THE
ADMINISTRATION IN THE CITY FINANCE DEPARTMENT
(FIRST READING)
City Manager William Hanley states that the City Clerk' s concerns
at the last Council Meeting regarding administration have since
been resolved.
There was no public comment received.
MOTION: Councilmember Dexter moves to read Ordinance
174 by title only; Councilmember Mackey seconds;
Motion carries unanimously
MOTION: Councilmember Mackey moves to approve Ordinance
174, as a first reading; Councilmember Shiers
seconds; Motion carries unanimously
B-2 GENERAL PLAN AMENDMENT 2C-88 AND ZONE CHANGE 9-88 -
9500 EL CAMINO REAL - CENTRAL COAST CAPITAL CORPORATION
& NORTH COAST ENGINEERING (PORTION CITY INITIATED) :
A. PUBLIC HEARING
B. RESOLUTION 41-88 - APPROVING AN AMENDMENT TO THE LAND
USE DESIGNATION OF THE CITY GENERAL PLAN FROM RETAIL
COMMERCIAL TO PUBLIC
C. ORDINANCE 176 - AMENDMENT TO THE CITY ZONING MAPS FROM
COMMERCIAL TOURIST TO COMMERCIAL RETAIL AND PUBLIC
(FIRST READING)
Community Development Director Henry Engen reviews the history of
this proposal, which encompasses a total of 7 acres to be
consolidated into a single development site. The City has since
added the area of the Post Office (adjacent) to be included.
The Planning Commission recommended approval of the above
proposal by unanimous vote.
Councilmembers Mackey and Shiers voice concerns with the loss of
Commercial Tourist Zoning, with Councilmember Lilley having
concerns regarding the newly constructed Post Office and its
effect on Commercial Tourist Zoning.
James Samson, Central Coast Capitol Corporation representative,
reviewed the differences in the General Plan designation and
zoning incompatibility affecting the property in question, and
their desire to remove the now small retail uses to provide a 7
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acre retail complex under one ownership. Mr. Samson requests a
continuance of Council' s decision if it is their pleasure to deny
the proposal in order to provide additional information as to a
specific development.
Public Comment: Mr. Fred Frank, Graves Creek resident, feels
there is a need to utilize the existing zoning in the downtown
area and, if approved, this project would impact the downtown
area.
MOTION: Councilmember Mackey moves continuance of this
item for 30 days to provide additional information
on a specific development proposal; Councilmember .
Lilley seconds; Motion defeated 3-2
(Councilmembers Dexter, Shiers & Borgeson opposed)
MOTION: Councilmember Shiers moves approval of Resolution
41-88 (Exhibit C) (changing the land use desig-
nation on the Post Office only) ; Councilmember
Mackey seconds; Motion carries unanimously
MOTION: Councilmember Shiers moves to read Draft Ordinance .
(Exhibit D) by title only; Councilmember Mackey
seconds; Motion carries unanimously
MOTION: Councilmember Dexter moves approval of Draft
Ordinance (Exhibit D) (First Reading) ; Councilmember
Shiers seconds; Motion carries
4-1
(Councilmember Lilley opposed)
B-3 GENERAL PLAN AMENDMENT 2E-88 AND ZONE CHANGE 11-88
11455 VIEJO CAMINO - KANKIEWICZ (HARCOURT) :
A. PUBLIC HEARING
B. RESOLUTION 42-88 - APPROVING AN AMENDMENT TO THE
LAND USE DESIGNATION OF THE CITY GENERAL PLAN FROM
SUBURBAN SINGLE FAMILY TO LOW DENSITY MULTIPLE
FAMILY AND INCLUSION INTO THE URBAN SERVICES DIST.
C. ORDINANCE 177 - AMENDMENT TO THE CITY ZONING MAPS
FROM RESIDENTIAL SUBURBAN, FLOOD HAZARD OVERLAY TO
RESIDENTIAL MULTI-FAMILY (RM710(FH) , FLOOD HAZARD
OVERLAY (FIRST READING)
Community Development Director Henry Engen states that the City
Planning Commission approved the above proposal on a 6-0 vote
with a density of 10 units per acre and a probable maximum of 29
units allowed (5 .3 units per acre) .
Pubic Comment - Applicant Tom Kankiewitz feels that the property
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presently is inconsistent with its surrounding land uses and not
suitable for a rural life style.
Mr. Gary Harcourt, applicant representative, concurs with staff' s
recommendation to approve the above proposal, and feels the
change will be more compatible with adjacent land uses.
MOTION: Councilmember Dexter moves approval of Resolution
42-88; Councilmember Shiers seconds; Motion
carries unanimously
MOTION: Councilmember Dexter moves approval to read
Ordinance 177 by title only; Councilmember
Mackey seconds; Motion carries unanimously
MOTION: Councilmember Lilley moves approval of Ordinance
177, first reading (with amendment to RMF/10) ;
Councilmember Mackey seconds; Motion carries
unanimously
C-1 ATASCADERO SCHOOL DISTRICT REQUEST FOR AN ATASCADERO CITY
RECREATION DEPARTMENT SPONSORED "AFTER SCHOOL PROGRAM"
AT SANTA MARGARITA SCHOOL (CONT'D FROM 6/14/88)
The Atascadero School District has requested the City' s services
in providing an after school program in Santa Margarita.
Park and Recreation Director Robert Best states that the City
could accomodate the School District' s request with minimal
funding of approximately $300 for program organization including
approximately 14-20 manhours involved. Once organized, the
program is self-supportive. Additional insurance costs are not
anticipated.
Atascadero School District Superintendent Anthony Avina and
Leslie Haynes, School Board Member, spoke in support of the above
request for the program and acknowledge the need for it.
It is noted that the Santa Margarita School does accept
fluctuating amounts of school children within the city limits of
Atascadero.
Dr. Avina feels that such a program is beyond the scope of the
School District' s services and that School District funding for
the program would need to be presented to the PTA.
. Public Comment:
Ursula Luna, citizen, questions the City spending monies outside
its jurisdiction due to limited resources .
MOTION: Councilmember Lilley moves approval of the
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School District request for an "After School
Program" at Santa Margarita School;
Councilmember Mackey seconds; Motion carries
unanimously
ITEM C-2 LETTER OF REQUEST FROM MR. & MRS. W.P. GUIDRY REGARDING
THEIR MORRO ROAD PROPERTY ADJACENT TO ATASCADERO LAKE
PARK
Interim City Manager William Hanley recently met with Mr. and
Mrs. Guidry to review the six-year history of their property on
Morro Road (Lots 4, 5, 29, 30 & 31 of Block JC) and the desire
of the City to purchase it.
Mr. and Mrs. Guidry are presently discussing selling the
property to another entity. Since the City is presently not
able to purchase it, they have requested written confirmation
stating that the City will not be actively pursuing acquisition
of the lots in question at this time.
It is noted that there is a total of 10 lots with various owners
adjacent to Atascadero Lake Park in which the City has had an
interest in purchasing.
Several Councilmembers voice their anxiety in not being able to
pursue the purchase of the properties.
MOTION: Councilmember Mackey moves to direct the City
Manager to prepare a letter for Mr. and Mrs.
Guidry regarding the City' s position;
Councilmember Lilley seconds; Motion carries
unanimously
ITEM C-3 ATASCADERO LAKE IMPROVEMENT PROJECT:
Parks and Recreation Director Bob Best states that of the two
proposals received, the low bid by Associated Pacific
Constructors, at $261,500, was $80,000 over the Engineer' s
estimate.
Due to the proposal results being far over the estimate, staff
feels that the request for proposals should be re-worked with the
aquatic plant aspect as an option.
Councilmember Lilley suggests a possible volunteer community
effort for the aquatic planting aspect.
No pubic comment was given on this item.
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MOTION: Councilmember Lilley moves to reject the proposals
submitted and to authorize re-bidding the project
with an option on the aquatic planting aspect;
Councilmember Mackey seconds; Motion carries
unanimously.
ITEM C-4 USE PERMIT RENEWALS - RICHARD OWSWALD, CONCESSIONAIRE:
A. DUCK HUT CONCESSION - ATASCADERO LAKE PARK
B. POP'S TACKLE SHOP - ATASCADERO LAKE PARK
Parks and Recreation Director Bob Best states that Concessionaire
Richard Oswald has notified staff that he is not interested in a
month-to-month rental contract proposed for Pop' s Tackle Shop.
He would however, be interested in continuing his annual lease
agreement.
It is noted by staff the previous lease agreements for this
concession have had 30-day termination clauses.
,. MOTION: Councilmember Lilley moves to accept a one-year
. lease agreement, with a 30-day termination clause;
Councilmember Mackey seconds;
Interim City Manager Hanley clarifies Mayor Borgeson' s concerns
regarding the concessionaires' previous late lease payments.
Mayor Borgeson feels that Pop' s Tackle Shop should be removed
from the Pavilion Building due to the building' s stability.
MOTION CONT'D: Motion fails 3-2
(Councilmembers Dexter, Shiers and Mayor
Borgeson opposed)
MOTION: Councilmember Shiers moves to give a 30-day notice
to vacate the Duck Hut Concession; Mayor
Borgeson seconds; Motion carries 3-2
(Councilmembers Mackey and Lilley opposed)
MOTION: Councilmember Mackey moves to continue to
meeting past 11 :00 p.m. ; Councilmember
Shiers seconds; Motion carries unanimously
A five minute break is observed at this time.
MOTION: Councilmember Dexter moves to continue action on
Pop' s Tackle Shop to the following Council
Meeting; Councilmember Shiers seconds;
(Motion Withdrawn)
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It is noted that Concessionaire Richard Oswald is not available
for comment at the meeting.
Mayor Borgeson expresses her desire to still retain Pop' s Tackle
Shop at the lake if it could be relocated out of the Pavilion
Building and directs staff to discuss the alternative with Mr.
Oswald.
NOTE: ACTION ON THE ABOVE MOTION IS POSTPONED TILL
AFTER FURTHER REVIEW OF THIS ITEM AT THE JULY 12,
1988 COUNCIL MEETING (with the 30 day vacation
commencing on July 12, if still desired by Council)
ITEM D-1 RESOLUTION 48-88 - ADOPTION OF THE FISCAL YEAR 1988-89
INTERIM BUDGET AND APPROPRIATING FUNDS THEREOF:
Interim Administrative Services Director David Jorgensen states
that the final budget product is not available for adoption at
this time, thus providing the need for an Interim Budget. .
No public comment is given on this item.
MOTION: Councilmember Dexter moves approval of Resolution
48-88; Councilmember Mackey seconds; Motion
carries unanimously
ITEM D-2 RESOLUTION 47-88 - ADOPTING AN ADJUSTED PROPOSITION 4
BASE YEAR LIMIT AND A RECALCULATION OF EACH SUBSEQUENT
YEAR'S PROPOSITION 4 LIMIT THROUGH THE 1988/89 BUDGET
YEAR:
Interim Administrative Services Director David Jorgensen states
that the proceeds of the 1985 tax adjustments made between the
City and County of San Luis Obispo have created a need for
recalculation of subsequent years.
MOTION: Councilmember Lilley moves approval of Resolution
47-88; Councilmember Mackey seconds; Motion
carries unanimously
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ITEM D-3 RESOLUTION 45-88 - ESTABLISHMENT OF THE CITY'S
LIABILITY SELF-INSURANCE RETENTION AMOUNT AT $50,000:
Interim Administrative Services Director David Jorgensen states
that it is the desire of the eight-city Joint Powers Authority to
reduce it' s liability self-insurance retention from $100,000 to
$50,000, as it would provide a savings overall.
MOTION: Councilmember Mackey moves approval of
Resolution 45-88; Councilmember Shiers
seconds; Motion carries unanimously
ITEM E-1 PARR AND RECREATION COMMISSION - SETTING DATE FOR
INTERVIEWS AND APPOINTMENTS:
It is noted that four positions on the Commission will be
expiring in July and August, 1988. Seven applications have been
received by the City Clerk' s Office.
Council sets the interviews for July 12, 1988, beginning at 4 :00
P.M. , with appointments expected at the Council Meeting
following.
ITEM E-1B PLANNING COMMISSION - SETTING DATE FOR PLANNING
COMMISSIONER INTERVIEWS AND APPOINTMENTS:
Cuncil sets July 15, 1988 as the closing date for applications
and July 21, 1988, beginning at 4 :30 P.M. for interviews.
ITEM E-5-A BUDGET STUDY SESSIONS:
Council sets July 14, 15, and 18 (non-profit organizations) for
special open Council Sessions regarding the proposed City and
Sanitation District 1988/89 Budget sessions.
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ITEM E-5-B EXTENSION OF THE INTERIM CITY MANAGER CONTRACT -
ONE MONTH:
It is noted that the present contract has an expiration date of
July 1, 1988, unless extended.
MOTION: Councilmember Dexter moves approval of the one
month extension of the Interim City Manager
employment contract; Councilmember Mackey
seconds; Motion carries unanimously.
Acknowledgement is given to the Police Department employees for
all their efforts with the Webb case and conviction.
Acknowledgement is also given to the Public Works Department and
Police Department personnel involved in the Dial-A-Ride bus
accident involving a falling oak tree.
City Attorney Jorgensen thanks Interim City Manager Bill Hanley
for all his efforts provided thus far.
Council thanks staff for their help in updating the new
Councilmembers on the City business .
The Council meeting is adjourned at 11 :50 p.m.
Submitted by:
Karen Vaughan
City Manager' s Secretary
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RETINi3 hGENaA
TE ITEM
•
M E M O R A N D U M
TO: City Council Members July 12 , 1988
FROM: Karen Vaughan
City Manager' s Office
SUBJECT CLAIM CRAIG PRESCOTT
RECOMMENDATION•
City Council deny claim submitted by Attorney Phillip Newell on
behalf of Shirley, David, Daniel, Ronald, Khristine and Nicole
Prescott for $500, 000 .
• BACKGROUND:
A claim has been filed against the City of Atascadero for
personal damages from an occurrence on January 31 , 1988.
The claim has been referred to the City' s Insurance` Adjustor, who
recommends denial .
•
ETtN AGENDA
i
M E M O, R A N D U M
TO: City Council Members July 12, 1988
FROM: Karen Vaughan
City Manager's Office
SUBJECT: CLAIM LEO FAIRBANKS
RECOMMENDATION:
City Council deny claim submitted by Leo F. Fairbanks for
property damages in the amount of $325 .20
•
BACKGROUND.
A claim has been filed against' the City of Atascadero for
property damages from an occurrence on March 24 , 1988 .
The claim has been refereed to the City' s Insurance Adjustor, who
recommends denial .
•
• , MEETIN AGENDA ��.
DAT 49 ITEM
M E M O R A N D U M
TO: City Council
VIA: Bill Hanley, Interim City Manager
FROM: Henry Engen, Community Development Director
DATE: July 12, 1988
SUBJECT: Final Acceptance of Lot Line- Adjustment 19-87
LOCATION: 2405 Santa Ana Road
APPLICANT: Gordon T. Davis (Volbrecht Surveys)
On February 23, 1988, the City Council approved Lot Line
Adjustment 19-87, subject to certain conditions and in
concurrence with the recommendation of the Planning Com-
mission. The required conditions have been compliedwith
and the final map is recommended for approval.
HE:ps
cc: Gordon T. Davin
Volbrecht Surveys
•
• .EXHIBIT A - LOCATION MAF
CITY
;... OF ATASCADERO LLA 19-$7
r*�•�i.E - �•�.
2405 Santa Ana
COMMUNITY DEVELOPMENT Davis/Volbrecht
�. DEPARTMENT
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EXHIBIT B - TENTATIVE MAF
' CITY F LLA 19-s�
2, _., . �..� O ATASCADERO 2405 Santa Ana
COMMUNITY DEVELOPMENT Davis/Volbrecht
DEPARTMENT
(PA,PCEL MAP NO.ATAL 87.3/4)
TENTAT/l�E Lor,N. ADJUSTMENT
efi�•s,+v AD.Mf1ArEN1�Eors 2,L.LZ,.svo A staPinv aF
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Y fN o REAL 5/Y AS S.S'OIY.Y ON7/S rEe 74�icE.N.av,
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sCAt\/'•rb' COMMUNITY DEVELOPMENT
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• O MEETIN
AGENDA
t3AT 7 " ITEM#
•
M E M O R A N D U M
TO: City Council July 12, 1988
VIA: Bill Hanley, Interim City Manager
FROM: Henry Engen, Community Development Director
SUBJECT: TENTATIVE PARCEL MAP 11-88
LOCATION: 555015560 Llano Road
APPLICANT: Frank Atkinson (Twin Cities Engineering)
REQUEST: Subdivision of 11.50 acres into 4 parcels containing
2.86 acres each,
BACKGROUND:
On June 21 1988, the Atascadero Planning Commission conducted a
• public hearing on the above-referenced subject. On a 5 :0 vote,
the application was approved subject to the revised conditions of
approval as referenced in the attached staff report (condition
#7 modified to restrict access only on Lot 2 ; #13 modified to
allow for bonding of the improvements)
Tom Vaughan with Twin Cities Engineering, agent for the applicant,
spoke in support of the request concurring with the recommendation.
There was no public testimony.
RECOMMENDATION
Approval of Tentative Parcel Map 11-88 per the Planning Commis-
sion' s recommendation.
HE:ps
Attachments: Revised Conditions of Approval - June 21, 1988
Staff Report - June 21, 1988
CC: Frank Atkinson
Twin Cities Engineering
•
EXHIBIT D - Conditions of Approval
Tentative Parcel Map 11-88
5550/5560 Llano Road
Atkinson/Twin Cities Engineering
June 21 1988 (Revised by, Planning Commission) ,
CONDITIONS OF APPROVAL
1. Water shall be obtained from the Atascadero Mutual Water
Company. Water lines shall be extended to the property line
frontage of each parcel or its public utilities easement
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. Grading, and Drainage plans, including the access road
design 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 or the recording of the
final map.
5. Obtain an encroachment permit from the City of Atascadero
Public Works Department. Sign an Inspection Agreement,
guaranteeing that the work will be done and the inspections
paid for, prior to the 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.
6. 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.
7. Parcel 2 shall have no direct access to Llano Road.
Access shall be by way of the subdivisions private road.
Relinquishment of access rights shall be delineated on the
final map.
8. 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.
9. Drainage Facilities required per condition 5 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.
10. Offer of dedication to the City of Atascadero the following
rights-of-way and / or easements:
Street Name: Llano Road
Limits: 20 '-0" from center line to edge of right-of-way
Minimum Width: 40'-0" Right-of-Way
Minimum Width of pavement 20 ' -0"
11. Offer for dedication to the Public for Public Utility
Easements.
12. Offers of dedication shall be completed and recorded prior
to or simultaneous to the recordation of the final map.
13. The private road shall be constructed or bonded for prior to
the recording of the final map. Plans shall also be
submitted and approved by the Community Development and
Fire Departments prior to the recording of the final map.
14. Two fire hydrants shall be installed prior to the recording
of the final map. One hydrant shall be located at the
intersection of the private road and Llano Road the other
shall be located at the end of the private road. The design
and location to be approved by the Fire Department.
15. The parcel map shall be revised to have one of the rear lots
own in fee title the access strip to the rear lots. The
access strip shall be developed in accordance with Section
11-8. 209 (Flag Lots) . This shall include the development
of the access strip which shall be 24'-0" wide and shall be
paved to a width of 20 '-0" .
16. 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.
ib. 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.
17. 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
• •
—+�--
CITY OF ATASGADERO Item:.�_
STAFF REPORT
FOR: Planning CommissionMeeting Date: June 21,1988
BY: Joel Moses, Associate Planne File No: TPM 11-88
SUBJECT:
Subdivision of 11. 50 acres into 4 parcels containing 2. 86 acres
each.
A. SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . .. . . . . .Frank Atkinson
2. Representative. . . . . . . . . . . . . . .Twin Cities Engineering
3. Project Address. . . . . . . . . . . . . .5550/5560 Llano Road
4. Legal Description. . . . . . . . . . . .Lots 5, 6 & ptn. Lot 4,
• Blk. 43 Atas. Col.
5. Site Area. . . . . . . . . . . . . .. . . . . 11.50 acres
6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban)
7. General Plan Designation. . . . .Suburban Single Family
8. Existing Use. . . . . . . . . . . . . . . . .Single Family Residence
9. Environmental Status. . . . . . . . .Negative Declaration posted
June 7, 1988
B. ANALYSIS:
The applicant proposes to subdivide 11. 50 acres into 4 parcels
containing 2. 87 acres each. Parcels 1 & 2 will have direct
access to Llano Road. Parcels 3 & 4 will have access to Llano
Road by way of an easement across Parcels 1 & 2.
The subject property is located in the RS (Residential Suburban)
zone. Minimum lot size in this zone ranges between 2. 5 and 10
acres depending on the "score" of the various performance
standards. For this site, the minimum lot size criteria are:
1 I
•
Distance from Center (12, 000-14, 000) . . . . . . . . . .. . 0. 40
Septic Suitability (20-39) . . . . . . . . . . . . . . . . . . . . . . 0. 75
Average Slope (0-10%) . . . . . . . . . . . . .0.50
Access Condition (Paved less than 15%) . . .. . . . . . 0. 40
General Neighborhood Character (2. 5) . . . . . . . . . .. . . 0. 55
Minimum Lot Size. . . . . . . . . . . . . . . . . . . . . . 2. 60 acres
The proposed lot sizes of 2. 87 acres is larger than the minimum
lot size required for the site.
Comments were received from several outside agencies. Our Fire
Department indicated a need for proper access and turn around
along with two fire hydrants. The 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
Southern California Gas Company has noted that the site can be
served by existing 3 and 4 inch mains in Santa Ana and Santa
Lucia Roads. 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
standard conditions and restrictions on access. Comments were
received from the State Archaeological Information Center
concerned about potential archeological sites. Based on the fact
that the adjoining areas were previously reviewed and no sites
found, it was determined that no further investigation was needed
at this time.
The proposed subdivision proposes a deep lot flag lot design.
The new subdivision ordinance sets specific requirements for the
design and approval. Three findings are required based on the
neighborhood characteristics, feasibility of standard street
improvements, and the sites topography. The staff has reviewed
the potential of a redesign to allow for a standard street access
to the site, and have found it not feasible.
Three options are available in designing the subdivision. The
first would be to use a deep lot design. Lots would exceed the
allowed. three-to-one depth to width ratio, but would eliminate
the need for an access road with all lots having frontage on an
existing road. The second is to try to gain access from the
adjoining property, that has a private road (Drake Map) . The
applicant has explored this option, and has not been able to
secure the needed approvals to extend the road to his property.
The third option would be to build a standard street through the
middle of the proposed subdivision. Under the current ordinance
the road would be a private one serving 2 or 4 lots. The access
will have to be developed to a paved width of 20 '-0' with
approved turn around. A standard street would have a 40 '-0"
right-of-way, with a 20'-0" paved surface. The development will
be required to have the minimum road improvements without the
dedicated right-of-way. It is apparent that the development of a
2
• •
• standard street would not be feasible or logical for this
subdivision.
The two remaining findings can be found. The site is flat and
the design of these flag lots are compatible with the
neighborhood.
C. RECOMMENDATION:
Staff recommends conditional approval of Tentative Parcel Map 11-
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
3
EXHIBIT A - LOCATION MAP
TY OF ATASCADERO
CI 5550/5560 Llano Road
r�� Tentative Parcel Map l
CAD� ) COMMUNITY DEVELOPMENT Atkinson/Twin Cities
DEPARTMENT
SITE: 5550/5560 Llano Roa L(FH)
TPM 11-88
Atkinson/Twin Cities
RS .
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•
EXHIBIT B - TENTATIVE MA?
CITY, . ,� OF ATASCADERO 5550/5560 Llano Road
r'�a'"'■� ■ , �tl7a Tentative Parcel Map ll
CAD
COMMUNITY DEVELOPMENT Atkinson/Twin Cities
DEPARTMENT
VIGIN ( ti
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EXHIBIT C - Findings for Approval
Tentative Parcel Map 11-88
5550/5560 Llano Road
Atkinson/Twin Cities Engineering
June 21, 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 required findings per Section 11-8. 209 of the
Subdivision Ordinance for Flag Lots (deep lot subdivisions)
can be made. The subdivision is consistant with the
character of the immediate neighborhood, the installation of
a standard street is not feasable, and the flag lots are
justified by the topography.
JM/jm
EXHIBIT D - Conditions of Approval
Tentative Parcel Map 11-88
5550/5560 Llano Road
Atkinson/Twin Cities Engineering
June 21, 1988
CONDITIONS OF APPROVAL
1. Water shall be obtained from the Atascadero Mutual Water
Company. Water lines shall be extended to the property line
frontage of each parcel or its public utilities easement
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. Grading, and Drainage plans, including the access road
design 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 or the recording of the
final map.
5. Obtain an encroachment permit from the City of Atascadero
Public Works Department. Sign an Inspection Agreement,
guaranteeing that the work will be done and the inspections
paid for, prior to the 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.
6. 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.
7. Parcels 1 & 2 shall have no direct access to Llano Road.
Access shall be by way of the subdivisions private road.
Relinquishment of access rights shall be delineated on the
final map.
8. 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.
9. Drainage Facilities required per condition 5 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.
10. Offer of dedication to the City of Atascadero the following
rights-of-way and / or easements:
Street Name: Llano Road
Limits: 20'-0" from center line to edge of right-of-way
Minimum Width: 40 '-0" Right-of-Way
Minimum Width of pavement 20'-0"
11. Offer for dedication to the Public for Public Utility
Easements.
12. Offers of dedication shall be completed and recorded prior
to or simultaneous to the recordation of the final map.
13. The private road shall be constructed prior to the
recording of the final map. Plans shall also be submitted
and approved by the Community Development and Fire
Departments prior to the recording of the final map.
14. Two fire hydrants shall be installed prior to the recording
of the final map. One hydrant shall be located at the
intersection of the private road and Llano Road the other
shall be located at the end of the private road. The design
and location to be approved by the Fire Department.
15. The parcel map shall be revised to have one of the rear lots
own in fee title the access strip to the rear lots. The
access strip shall be developed in accordance with Section
11-8. 209 (Flag Lots) . This shall include the development
of the access strip which shall be 24'-0" wide and shall be
paved to a width of 20 '-0" .
16. 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.
17. 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
•
w •
•
•
•
MEE7T AGENDA '
DAT ITEM 0
M E M O R A N D U M
TO: City Council July 12, 1988
VIA Bill Hanley, Interim City Manager- '
FROM: Henry Engen, Community Development Director
SUBJECT: TENTATIVE TRACT MAP 12-8$
LOCATION: 6805 Santa Lucia Road
APPLICANT Robert M. Anderson (Don Messer Const./Cuesta Engin)
REQUEST: To convert an approved, but not yet constructed, 9
unit apartment complex into residential condominiums.
BACKGROUND:
On June 21, 1988, the Atascadero Planning Commission conducted a
public hearing on the above-referenced subject. On a '5 :0 votes
the request was approved subject to the findings and revised
conditions of approval (Conditions #4 and #12-a)
There was some discussion on modification to Condition #4 as re-
flected in the attached minutes excerpt.
RECOMMENDATION:
Approval of Tentative Tract Map 12-88 per the Planning Commission's
recommendation,
HE:ps
Attachments : Staff Report - June 21, 1988
Revised Conditions of Approval - June 21, 1988
Minutes Excerpt - June 21, 1988
cc: Robert M. Anderson
Don Messer Construction
Cuesta Engineering
•
City of Atascadero Item
STAFF REPORT
FOR: Planning Commission Meeting Date: June 21, 1988
BY: Joel Moses, Associate Planner File No: TTM 12-88
SUBJECT:
To convert an approved, but not yet constructed nine (9) unit
apartment complex into residential condominiums.
A. SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . .Robert M. Anderson
2. Representative. . . . . . . . . . . .Don Messer/Cuesta Eng.
3. Project Address. . . . . . . . . . . 6805 Santa Lucia Road
4. Site Area. . . . . . . . . . . 1.11 acres
5. Zoning. . . . . . . . . . . . . . . . . . . .RMFj16 (Residential
Multifamily 16 units per acre)
6. Existing Use. . . . . . . . . . . . .Vacant
7. General Plan . . . . . . . . . . .High Density Multifamily
8. Environmental Status. . . .Categorically Exempt (Class 1)
B. ANALYSIS:
The proposed Tentative Tract Map requests the conversion of an
approved, but not constructed nine (9) unit apartment complex
into nine (9) residential airspace condominiums. The map also
contains a common lot for the underlying site.
Precise Plan 4-88 was approved by the City on March 15, 1988.
The approval carried with it 11 conditions of approval. The
conditions included two requiring modification of the proposed
site plan to provide additional parking and storage areas. The
conditions could require modification of the site plan. Any
approved map will need to meet these conditions prior to the
final approval of the map. The applicant has provided the
modified plans as a part of this application. The plans have
been reviewed and have been determined to meet the required
conditions. All other conditions can be met without modification
of the site plan.
0 0
To date, no building permits have been applied for to construct
the apartments.
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 along with conditions established by the Precise Plan.
The Southern California Gas Company has noted that the site can
be served by an existing 4 inch main in Santa Lucia Road. If
additional gas mains are installed, they will need to be within
the Public Right-of-Way or within approved easements. The
Atascadero Mutual Water Company has requested that the individual
units have separate water meters.
C. RECOMMENDATION:
Staff recommends conditional approval of Tentative Tract Map
12-88, based on the Findings in Exhibit C and the Conditions of
Approval in Exhibit D.
JM/jm
ATTACHMENTS: Exhibit A - Location Map
Exhibit B - Tentative Lot Line Adjustment Map
Exhibit C - Findings for Approval
Exhibit D - Conditions of Approval
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•
EXHIBIT B - TENTATIVE MAP
.,..-.. .
CITY OF ATASCADERO
6805 Santa Lucia Road
�"'"'" ■c - ■ '"'°-7 Tentative Tract Map 12-88
CADI COMMUNITY DEVELOPMENT Messer/Cuesta Eng.
DEPARTMENT
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•
EXHIBIT C - Findings for Approval
Tentative Tract Map 12-88
6805 Santa Lucia Road
Messer/Cuesta Engineering
June 21, 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, has been determined to be
exempt from the environmental review process (Categorical
Exemption Class lk) , as per the California Environmental
Quality Act.
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.
JM/jm
• EXHIBIT D - CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 12-88
6805 Santa Lucia Road
Messer/Cuesta Engineering
June 21, 1988 (revised by Planning Commission)
CONDITIONS OF APPROVAL
1. The applicant shall establish Covenants, Conditions, and
Restrictions (CC&Rs) for the regulation of land use, control
of nuisances and architectural control of the site and the
buildings.
a. These CC&Rs shall be submitted for review and approval
by the City Attorney and the Community Development
Director prior to the approval of the final map.
b. These CC&Rs shall be administered by a Condominium
Owners Association.
2. The open space/common lot shall be designated as a Public
Utilities Easement.
3. A soils report or an Engineer' s certification stating that
the existing soils on the site are adequate to support the
proposed structure as per Chapter 70, subsection (e) of the
Uniform Building Code shall be provided prior to the
recording of the final map.
4. All conditions pertaining to public improvements imposed on
the project by Precise Plans 4-88, and approved building
permits shall be satisfied or bonded for prior to the re-
cording of the final map. Public improvements shall be
installed prior- to the final building inspection,
5. Sewer connection charges in affect at the time of connection
shall be due upon connection. Prior to the recording of the
final map the difference between condominium and apartments
sewer connection charges shall be paid.
6. Water shall be obtained from the Atascadero Mutual Water
Company. Water meters shall be provided for each unit prior
to final building inspection.
7. 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.
1
• •
8. All relocation and/or alteration of existing utilities shall
be the responsibility of the developer at his sole expense.
9. Sewer improvement plans shall be submitted for review and
approval by the Public Works Department prior to the
recording of the final map.
10. 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 or the
recording of the final map.
11. 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.
12. 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, which ever comes first. Plans shall include, but not
limited to
a. Santa Lucia Road: Design shall include City standard
curb, gutter, 5' -0" sidewalk and additional paveout,
width to be determined by the City Engineer not to
exceed 20 '-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.
13. Construction of the public road improvements shall be
completed 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.
14. 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.
2
•
15. Offer of dedication to the City of Atascadero the following
rights-of-way and/or easements:
Street Name: Santa Lucia Road
Limits: 25' -0" to the center line of the right-of-way
Minimum Width: 50'-0" Right-of-Way
16. Offers of dedication shall be completed and recorded prior
to or simultaneous to the recordation of the final map.
17. A final map in substantial conformance with the approved
tentative map and in compliance with all conditions set
forth herein shall be submitted for review and approval in
accordance with the Subdivision Map Act and the City' s
Subdivision Ordinance prior to the 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.
18. 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
3
•
MINUTES EXCERPT - PLANNING COMMISSION - JUNE 21, 1988
13 . The private road shall be constructed or
bonded for prior to the recording of the
final map. Plans shall also be submitted and
approved by the Community Development and
Fire Departments prior to the recording of
the final map. "
2 . TENTATIVE PARCEL MAP 12-88 :
Application submitted by Robert M. Anderson (Don Messer
Construction and Cuesta Engineering) to convert an
approved but not yet constructed 9-unit apartment
complex into residential condominiums . Subject site is
located at 6805 Santa Lucia Road.
Mr. Moses presented the staff report recommending approval
of the conversion request. He noted revision to Condition
#4 to add wording that all conditions "pertaining to public
improvements" imposed on the project. . .
It was pointed out that in Condition #12-a, it should read
20 feet and not 20 inches .
Deborah Hollowell with Cuesta Engineering, agent for the
applicant, asked for further modification to Condition 44 to
allow provision for construction or bonding of the improve-
ments prior to the final map. She explained the timing
factors involved with the Department of Real Estate in
processing condominium maps . Discussion followed.
Steve Decamp indicated that bonding for the public improve-
ments may be allowed prior to recordation of the final map.
He further indicated, however, that all public improvements
must be installed (not bonded) prior to final inspection of
the structures approved under Precise Plan 4-88 .
MOTION: Made by Commissioner Bond, seconded by Commis-
sioner Kidwell and carried 5 : 0 to approve
Tentative Parcel Map 12-88 subject to the findings
and conditions contained in the staff report with
the following revisions :
114 . All conditions pertaining to public improve-
ments imposed on the project by Precise Plan
4-88 and approved building permits shall be
satisfied or bonded for prior to the record-
ing of the final map. Public improvements
shall be installed prior to the final
building inspection. "
ME�CtNQ ,, J��AGENDADATE-1 = ITEMZ
•
MEMORANDUM
TO: City Council
THROUGH William. Hanley, Interim City Manager
FROM: Paul M. Sensibaugh, Director of Public Works
�s
SUBJECT : Establishment of One-Way Street
DATE: July 5 , 1988
Recommendation :
The Traffic Committee recommends that Council adopt the
attached resolution establishing a one-way street on a
portion of Valle Avenue.
Background:
This request was brought to the Traffic Committee from
a resident on Valle Avenue. At the end of Valle Avenue is a
. narrow loop that does not provide adequate width for two way
traffic and, due to the 'hillside, has limited visibility .
In addition. to the one-way street , the resident is
requesting that No Parking signs - be installed around the
loop . This is not being recommened at this time and will
be handled by citations , as needed, for blocking the road.
Fiscal Impact :
It is estimated that this modification will cost
approximately $150. 00 to be paid out of;: the -1988189 budget .
RESOLUTION NO. 53-88
RESOLUTION OF THE COUNCIL OF THE
-CITY OF ATASCADERO DESIGNATING A PORTION
OF VALLE AVENUE A ONE-WAY STREET
WHEREAS. Section 4-2 .701 of the Atascadero Municipal
Code allows the City Traffic Engineer to determine the
location of one-way streets and to place and maintain
appropriate signs or markings indicating the same; and
WHEREAS, The Atascadero Traffic Committee has
recommended that establishing a one-way street on a
portion of Valle Avenue will improve a hazardous traffic
condition.
NOW, THEREFORE, BE IT RESOLVED that the City of
Atascadero directs the Traffic Encrineer to place and
maintain appropriate signs and/or markings indicating a
one-way street on a Valle Avenue as specified in attached
Exhibit A.
On motion by , and seconded •
by the foregoing Resolution is
hereby adopted in its entirety on the following roll call
vote:
AYES : '
NOES:
ABSENTS
ADOPTED:
ATTEST :
BOYD C . SHARITZ , City Clerk BONITA BORGESON, Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT :
7 qA_A*�_
JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH
City Attorney Dir , of Public Works
City Engineer • {
EXHIBIT A
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MEMORANDUM
TO: City Council
THROUGH: William Hanley, Interim City Manager
FROM: Paul. Sensibaugh, Director of Public Works
SUBJECT : Establisment of Stop Intersections
DATE: July S 1988
Recommendation :
The Traffic Committee recommends that Council adopt the
attached resolutions establishing Stop intersections on Arena
Avenue at its intersection with Yerba and on Yerba Avenue at
its intersection with Estrada Avenue,
Background:
• These intersections are currently uncontrolled and have
been the scene of many near misses , and a number of
accidents . In the case of the intersection of Arena Avenue
and Yerba, on two occasions cars have failed to make the turn
and have run off theroad onto private property, striking the
house.
Fiscal Impact :
The cost of this improvement will be approximately $150
to be paid out of 1988/89 budgeted funds .
•
RESOLUTION NO. 51-88
RESOLUTION OF THE COUNCIL OF THE
CITY OF ATASCADERO DESIGNATING A STOP
INTERSECTION ON ARENA AVENUE
AT YERBA AVENUE
WHEREAS, Section 4-2 . 801 et seq, of the Atascadero
Municipal Code allows the City Traffic Engineer to
determine the location of STOP intersections , and to place
and maintain appropriate signs or markings indicating the
same; and
WHEREAS , the Atascadero Traffic Committee has
recommended that establishing a STOP intersection on Arena
Avenue at Yerba Avenue will improve a hazardous traffic
situation .
NOW, THEREFORE, BE IT RESOLVED that the City of
Atascadero directs the City Traffic Engineer to place and
maintain appropriate signs or markings indicating a STOP
intersection at the location listed above. •
On motion by , and seconded by
,the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES
ABSENT:
ADOPTED:
ATTEST:
BOYD C. SHARITZ City Clerk BONITA BORGESON, Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH V •
City Attorney Director of Public Works
City Engineer
RESOLUTION NO. 52-88
RESOLUTION OF THE COUNCIL OF THE
CITY OF ATASCADERO DESIGNATING A STOP
INTERSECTION ON YERBA AVENUE
AT ESTRADA AVENUE
WHEREAS, Section 4-2 . 801 et seq, of the Atascadero
Municipal Code allows the City Traffic Engineer to
determine the location of STOP intersections , and to place
and maintain appropriate signs or markings indicating the
same; and
WHEREAS , the Atascadero Traffic Committee has
recommended that establishing a STOP intersection on Yerba
Avenue at Estrada Avenue will improve a hazardous traffic
situation .
NOW, THEREFORE, BE IT RESOLVED that the City of
At directs the City Traffic Engineer to place and
maintain appropriate signs or markings indicating a STOP
intersection at the location listed above .
On motion by , and seconded by
. ,the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote :
AYES:
NOES:
ABSENT :
ADOPTED:
ATTEST :
t
BOYD C . SHARITZ City Clerk BONITA BORGESON, Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT :
JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH
City Attorney Director of Public Works
City Engineer
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M E M O R A N D U M
TO: City Council July 12 , 1988
VIA: William Hanley, Interim City Manager
FROM: Henry Engen, Community Development Director
SUBJECT: ZONE CHANGE 15-87/TENTATIVE TRACT MAP 39-87
LOCATION: 9240 Vista Bonita
APPLICANT: Mike Fredericks (Mike Yeomans)
REQUEST: To revise the existing RSF-Z and RSF-Y
(Residential Single Family) zoning to RSF-Z(PD-7 )
and RSF-Y(PD-7 ) (Residential Single Family Planned
Development Overlay) and approve a reconfiguration
of six (6 ) lots into six (6) residential and one
openspace lot, and to abandon a portion of Vista
Bonita Road.
BACKGROUND:
On May 17 , and. June 7 , 1988, the Atascadero Planning Commission
conducted a public hearing ontheabove-referenced requests . On
a 6 : 0 vote, the Commission recommended approval of Tentative
Tract Map 39-87 subject to the revised conditions of approval
which allow provision for bonding of improvements (June 7 1988 )
and recommended approval of Zone Change 15-87 . There was dis-
cussion relative to the difference between the revised conditions
and original conditions proposed by staff (see attached minutes
excerpt) .
RECOMMENDATION:
t
(1 ) Approval of Zone Change 15-87 by approval of Ordinance No.
180 by;
a. Reading by title only.
b. Approving attached Ordinance No. 180 on first reading.
•
(2) Approval of TTM 39-87 subject to the findings of Exhibit I
(May 17 1988) and conditions of approval of Exhibit J (June
17 , 1988) .
HE:ph
Attachments : Staff Report May 17 , 1988
Staff Report - June 7 , 1985
Minutes Excerpt May 17 , 1988
- Minutes Excerpt June 7 , 1988
Ordinance No. 180
CC: Mike Yeomans
Mike Fredericks
•
ANG F V
DATE AGED 4ITEM
M E M O R A N D U M
DATE : June 7, 1988
TO Planning Commission
FROM : Joel Moses, Associate Planner
SUBJECT Zone Change 15-87 & Tentative Map 39-87
On May 17th the Planning Commission held a public hearing on the
proposed project. The Planning Commission received a set of
proposed revised condition for the tentative map from the
applicant. The conditions allowed for the bonding of
improvements rather than requiring installation of the
improvements before recording of the map. The Commission
requested that staff review the proposed conditions and prepare
revised conditions allowing for bonding for improvements.
Attached please find the original staff report (Exhibit A) , the
applicants proposed revised conditions (Exhibit B) , and staff
prepared conditions (Exhibit C) . Staff still recommends approval
subject to the original conditions.
JM/jm
EXHIBIT A
City of Atascadero Item B - 1
STAFF REPORT
FOR: Planning Commission Meeting Date: May 17, 1988
BY: - Joel Moses, Associate Planne File No: ZC 15-87
TM 39-87
SUBJECT: 7
Zone Change 15-87 and Tentative Map 39-87 to revise the existing
RSF-Z & RSF-Y (Residential Single Family) zoning to RSF-Z (PD-7) &
RSF-Y (PD-7) (Residential Single Family Planned Development
Overlay) and approve a reconfiguration of 6 lots into 6
residential and one openspace lot.
A. SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . .Mike Fredericks
2. Representative. . . . . . . . . . . .Mike Yeomans
3. Project Address. . . . . . . . . . . 9240 Vista Bonita
4. Site Area. . . . . . . . . . . . . . . . . 6. 32 acres
5. Zoning. . . . . . . . . . . . . . . . . . . . RSF-Y (Residential Single
Family) and RSF-Z (Residential
Single Family)
6. Existing Use. . . . . . . . . . . . . .Vacant
7. General Plan . . . . . . . . . . . . .Low Density Single Family and
Moderate Density Single Family
8. Environmental Status. . . . . .Negative Declaration Posted
April 21, 1988
B. ANALYSIS:
The 6. 32 acre site is made up of 6 existing undeveloped parcels.
The site is divided into two zoning designations: RSF-Y and RSF- t
Z. The lots were previously annexed to the Sewer District and
can be provided with sewer service. . The four existing lots
within the RSF-Z designated area are all below the minimum 2 1/2
acre minimum lot size. The two remaining lots in the RSF-Y, if
provided with sewer, would now meet the minimum 1 acre lot size.
All of the lots are considered legal lots and may be developed
with single family residences even though they do not meet the
minimum lot size of the Zoning Ordinance or density standards of
the General Plan. If the current development standards are
followed, the existing 6 lots can be developed with single family
residences.
Any development on the top of Chalk Mountain will have several
effects on the community and the adjoining areas. Most
noticeable will be the visual impact of development. The site is
visible far up and down Highway 101. The mountain is also a
landmark within and outside the City denoting the entrance to
Atascadero. Other impacts will also occur from development not
so directly noticeable. The establishment of residential units
will also generate impacts attributed to the new residential
units. Such items as traffic, runoff, and public service will be
impacted. Any development will require the installation of new
utility_ lines , access roads , and other public improvements.
These impacts all can be addressed and reduced with proper
planning and coordination.
The development of the mountain top will have to take into
consideration the inherent problems with a development that is on
a mountain top. The area is physically higher than the existing
water tank. To provide water for the area for residential and
fire suppression, booster pump will be needed. Sewer service
lines providing service to the site will be connected to a new
service line being designed to expand service to the golf course.
Soils will also have to be considered as a problem for any new
.development. The amount of grading and soil stabilization will
be determined by the individual site development plans. These
problems can be overcome with a coordinated approach to the
development of the area. This type of planning could reduce the
potential for an uncoordinated approach to development that
could be costly and detrimental to the community.
Any development of the site, will create a visual impact far
beyond the site. The sites location, on top of Chalk Mountain is
central to the applicant' s proposal. The applicant proposes to
reconfigure the existing lots into a more compact design. The
concentration of the developed area is an effort to reduce the
impacts that could occur with a development following the
existing lot configuration.
The Zoning Ordinance provides a process to modify the
development standards of the Zoning Ordinance when deemed
necessary to promote orderly and harmonious development and to
enhance the opportunity to best utilize special characteristics
of an area. The Planned Development Overlay can be used for four
things ; to modify development and special use development
standards , to modify the processing procedures, to establish
additional development standards or processing requirements, or
to modify the minimum lot size or density standards . The
applicant proposes to modify the development standards and the'
minimum lot sizes established for the site.
The development statement notes- that if the existing lots were
developed, a significant amount of grading would be required for
the existing road alignment development. Additional grading
• •
would be needed for the individual lots. The proposal would
concentrate the development in one area reducing the potential
for such extensive grading on the hillside. Other items such as
utilities, road improvements and other public improvements could
also be reduced. The impacts of the development on existing
facilities would be the same under both types of development. No
change in density will occur; only a change in the development
standards for the site.
The development proposes to address the problem of visual impacts
by trying to reduce the intrusion of the project by
concentrating the development and providing a large permanent
openspace. The reconfigure six residential lots would range in
size from 9, 132 to 7,260 square feet. The remaining 5. 18 acres
area below and to the west will be retained in a permanent
openspace easement. The proposed grading has been contoured to
minimize the effect on the natural topography of the site. The
proposed residences have been recessed into the ridge line to
render them less obtrusive. The site has been planned as one
unit to be developed in a uniform, unobtrusive manor, with
Architectural guidelines . The Architectural guidelines will
cover building height, architecture and building envelope. Also
proposed is a set of landscaping development standards that would
require the use of native vegetation areas to be developed.
Screened discretionary yard areas are provided but would not
intrude on the natural appearance of the mountain.
The development will not be served with the typical developed
street. The relocation of Vista Bonita will reduce some of the
potential impacts. The relocation will bring the road to the
south side of the development. A realignment across adjoining
property will be needed. A letter has been received from the
Atascadero Mutual Water Company agreeing with the use of their
property for the realignment. The road is proposed to be
constructed to Private road standards (20 '-0" paved surface) .
This will not provide for normal on-street parking. The
development would meet the normal requirements of 2 parking
stalls per unit, however. Additional parking has been provided
with three perpendicular spaces and two stalls at the end of the
access road. Additional tandem parking stalls (not counted as
required parking) have been provided. This would bring the total
parking provided to 29 stalls for six residences.
Comments were received from several outside agencies. Our Fire
Department has noted the need for appropriate fire suppression
facilities. These facilities will include the development of a
turn around that has been incorporated into the design. The
sprinklering of the individual units has been required and the
developer has agreed. The water lines will also need a pressure-
booster pump to assure proper water pressure to the residences.
The Building Division noted concern about the soils on the site
and has reviewed the soils report provided by the developer.
Some questions remain that will be worked out at the time of
development. Existing codes and standards will need to be
• •
followed during the development of the site. The Southern
California Gas Company has noted that the site can be served by
existing mains in Las Lomas and E1 Bordo Roads. If additional
gas mains are installed, they will need to be within the Public
Right-of-Way or within approved easements. The Atascadero Mutual
Water Company has noted no problem with the road realignment
subject two conditions; the first requiring a 30 '-0" clearance
from the water tank to the proposed road, and on site fencing of
the tank after the completion of the road. The site will also
require the water buster pumps to serve the site. The applicant
and the Water Company are in contact working out the details of
the work to be done. Pacific Gas and Electric noted that
facilities will have to be extended to the site. The State of
California Department of Transportation has responded noting
potential impact on the congestion along South E1 Camino Real.
The staff is recommending that the improvements, access road,
utilities and grading be done prior to the recordation of the
proposed map. In some situations the option of bonding is
provided. Staff feels that the whole process is centered around
the coordinated development of the site and all improvements
should be done prior to the recordation of the final map.
In summary the development proposes an option to the potential
development of the top of the mountain under current development
standards that could be detrimental to the community. The
proposed rezoning and development will reduced the impacts that
would occur without a planned and coordinated approach to the
development of the area. The coordinated development will also
make the development of needed improvements more cost effective.
Staff has considered the potential for maintaining the site as
openspace, however the current General Plan does not address the
issue.
C. RECOMMENDATION:
Staff recommends approval of Zone Change 15-87 based on the
Findings in Exhibit H (Draft Ordinance) , establishing the Master
Plan for Develpment as shown in Exhibit B to E, and the
conditional approval of Tentative Map 9-87 base on the Findings
and Conditions of Approval in Exhibity I and Exhibit J.
JM/jm
•
•
ATTACHMENTS: Exhibit A - Location Map
Exhibit B - Tentative Map
Exhibit C - Earthwork Plan
Exhibit D - Grading Plan
Exhibit E - Landscape Plan
Exhibit F - Sections
Exhibit G - Developers Statement
Exhibit H - Draft Ordinance
Exhibit I - Findings for Approval (Tentative Map)
Exhibit J - Conditions of Approval (Tentative Map)
t
•
7 "
\i EXHIBIT A - LOCATION MAP
CITY OF ATASCADERO
9240 Vista Bonita
COMMUNITY DEVELOPMENT zone Change 15-87
Yeomans/Fredericks
c DEPARTMENT
R F•Z SITE: VISTA BONITA
Tent Map 39-87
MF•4 g) ZC 15-87;
Yeomans Fredericks
Cent. Coast Eng-
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EXHIBIT B -TENTATIVE MAP
CITY OF ATASCADERO 9240 Vista Bonita
Ie7a7 Zone Change 15-87
CAD COMMUNITY DEVELOPMENT Yeomans/Fredericks
DEPARTMENT
.._.�_����fi��A�•11 1938 . _✓_
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TRACT 1562
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TENTATIVE MAP17,
CHALK MOUNTAIN,ATASCADERO
Nnlalww.ro rwuwFs 7 -- �l\Zt. x
• NORTH �V W . �(. LO'•�g .; _� \� � �. � \
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EXHIBIT C - EARTHWORKS PLA
4 CITY OF ATASCADERO 9240 Vista Bonita
r •� ' 'ale- Zone Change 15-87
` ascan> 1 COMMUNITY DEVELOPMENT Yeomans/Fredericks
DEPARTMENT
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TRACT 1562
EARTHWORK MASTER PLAN
,i III.� I „w+Y ��. wr—W1�'•�- „tlwa � ����a�����N CHALK MOUNTAIN,ATASCADERO .
NORTH
tlSII I�, .9 �„�.....,...
1• \ \ \ \\% \ _\ open apace,
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EXHIBIT D - GRADING PLAN
CI 9240 Vis
a •.°• �. TY OF ATASCADERO to Bonita
rra,.rl.V Zone Change 15-87
`s `' ,scanl COMMUNITY DEVELOPMENT Yeomans/Fredericks
DEPARTMENT
REVEGETATION d EROSION CONTROL NOTES
TRACT 1562
nu �• ""' —•o»,.°—.. ROUGH GRADING
_ CHALK MOUNTAIN,ATASCADERO
IftNORTH
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1 3 OF 5
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road improvements:
EXHIBIT E - LANDSCAPE PLAD
ITY OF ATASCADERO 9240 Vista Bonita
—7 Zone Zone Change 15-87
�ascw l COMMUNITY DEVELOPMENT Yeomans/Fredericks
DEPARTMENT
.+ APPROVED PLANT LIST FOR LOT LANDSCAPE TRACT 1562
I ... •...,. LANDSCAPE STANDARDS
CHALK MOUNTAIN.ATASCADERRO
NORTH® F
FIM 't°
1 1 \ 4OF5
iscretiona_rys yard�areas
fire safety Zone',,,.,.....
rninini m tree planting recWed
..� .t 4permv 1 dt!g E-rjjatfon zone , `�• � �•/;�;1 i \.\ .,i.
turf block
' �-_ arta• � I
•
CI EXHIBIT F - SECTIONS
Merl a. ' .. 4.lt, TY OF ATASCADERO 9240 Vista Bonita
Zone Change 15-87
COMMUNITY DEVELOPMENT
DEPARTMENT Yeomans/Fredericks
_ TRACT 1562
"� --- .--..-.•a _ _ SITE CROSS SECTIONS
,•,y '. •t '�C_'_'=�at?ki~i,'.. '•� _I CHALK MOUNTAIN,ATASCADERO
,, �-._.� _.l � ��-� any-1� ,■ —
www.,—i „
w I u�`r,.t0
SECTION'U•AT 1":10 SOUTH ELEVATION 1":100• �,„„„,.,,,.,,
5OF5
existing grade
proposed grade .- ---
-
SECTION A 1•':20' ----_ -- --
existing grade existing grade
i
proposed grade
proposed grade
SECTION B 1":20• _ SECTION C 1•'20' I
t �
�f�r�• � EXHIBIT G - DEVELOPMENT Sq
ITY OF ATASCADERO 9240 Vista Bonita
9-7 Zone Change 15-87
►scan l COMMUNITY DEVELOPMENT Yeomans/Fredericks
DEPARTMENT
s
C C.
RECHVED
SUPPLEMENTAL DEVELOPMENT STATEMENT MAR 4- 1938
FOR TRACT 1562
COMMUNITY DEVELOPMENT
The application for Tentative Map 1562 is submitted as,an alternative to six
residential lots as they now exist. The site of 6.3 acres, which makes up the
summit of Chalk Mountain, is now divided into six legal lots of record. This
application employs the use of a planned development to create six smaller
residential sites and an open space lot which covers about 82 percent of the
total site. The application does not seek to increase the allowed density or
change the land use of the site. 7 e application seeks only to redesign the
site so as to create a project which is more environmentally sensitive.
Advantages of the Plan
The advantages of this pian are listed as follows.
1. The access road to the site has been shifted from the present right
of way to prevent having to remove some oak trees which are located
in the existing right of way. The new road is in an area which is
not as visible to the community.
2. The proposal moves all development away from the West face of Chalk
Mountain, the area which is most visible from the community.
3. The area for residential development is restricted to certain pad
elevations and building envelopes.
4. To mitigate visibility concerns, a revegetation plan is submitted as
part of this proposal.
5. A permanent open space easement is being granted over 80-plus percent
of the project area.
6. Architectural guidelines are being proposed to mitigate the visual
impact of the buildings.
The above items are more clearly illustrated on the project plans submitted
with this application.
i
Alternative Projects Discussed
I. Use the existing lots.
Most of the disadvantages of developing the site as it now legally
exists have been discussed already. Such a development would create
a project which is significantly more visible and produce more
significant environmental impact than the one proposed.
CITY OF ATASCADERO
S-I Bei+'I dip -- 1 iuie-7
�asCADCOMMUNITY DEVELOPMENT
DEPARTMENT
f
Supplemental Development Statement
for Tract 1562
Page 2
2. use larger residential site and less open space than proposed.
A project designed in this manner has been submitted to the Community
Development Department. This alternative does share some of the
beneficial aspects of the proposed project, but also includes some
real disadvantages. They are:
a* Less open space
b. More grading (visibility)
c. This design places some of the residential area on the West face
of Chalk Mountain where it would be highly visible to the
community
3. Design even smaller residential lots and a larger open space lot.
A project designed in this manner would have the following disad-
vantages:
a. By further limiting the residential area, the buildings would be
so close together that they would have a massing effect. They
would appear much like an apartment building as opposed to low
'height single family dwellings.
b. By further reducing the area between units, the opportunity to
introduce meaningful landscaping elements between units is lost.
c. A denser project could mean more grading and retaining walls, as
there will be less horizontal distance available to make up for
changes in grade between units.
d. A tighter project than proposed would diminish the detached
single family nature of the project. The future residents would
feel as if they lived in an apartment project on top of a hill.
Tract 1562 is being submitted as the best reasonable design alternative to the
existing lots. It is the applicant's hope that this design will be accepted by
the community in a positive manner.
t
Thank you,
Mike Yeomans
Applicant
CITY OF ATASCADERO
sOw COMMUNITY DEVELOPMENT
DEPARTMENT
ARCHITECTURAL CONTROLS - - `-
ri ,..«.,,,._....,. _ TRACT 1562
_,:,,.., .,_ ,,..,.,..,„, EARTHWORK MASTER PLAN
..,...
CHALK MOUNTAIN.ATASCADERO
NORTH
I' SII I, ,,(„ '•. J\�y - .M.......,...,. sedas rx
ce-
17
LOT
-, � .'LOT 5 /°� a c •
\ _ ., �'c-, i � � '�_�rl, iY� "LOT 4 �. �i>��, `, \ �� � •\\
LOT.7
openspace `\ l'i , a `/ L873 %
LOT 2 '1
x � i lOT ti't'T'' �•j f. J`I�) I�)�
14 1
. .. � �_ - � \' ' %' � �'��i•moi i � I I
CITY OF ATASCADERO
�asCkD COMMUNITY DEVELOPMENT
DEPARTMENT
REVEGETATION 6 EROSION CONTROL NOTES TRACT 1562
ROUGH GRADING
CHALK MOUNTAIN.ATASCADERO
NORTH®
IMPS ,
i - Imo er a•.ecc.raa .p..,,p a.vleanmar�!d�n
3 OF5
7. two g��Contour�.
.• %•�' 1 jl j -1 ♦�-:F� :\' ` 1IiA,.1 I AA
-
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/ y�'f1•/' /•�\/.1'tv�I l
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_ t
CITY OF ATASCADERO
� asCsDF .4 COMMUNITY DEVELOPMENT
DEPARTMENT
/. APPROVED PLANT LIST FOR LOT LANDSCAPE TRACT 1562
j LANDSCAPE STANDARDS
CHALK MOUNTAIN,ATASCAD,E■RO-
NORTH
sedew
1 _ 4OF5
iscretionary yard areas
77
lire safely)cone'•..,
/A/ •c
mrnrm tree plantrg`requr edM
'.• `t permanent planting&'rr a^ion zone - � •� -`�• •' /�� \\ `t
- . -. .. "-\.._- - - ••-�i tit(• I 'h i I
— -- I
l
EXHIBIT I - Findings for Approval
` Tentative Parcel Map 39-87
Vista Bonita
May 17, 1988
FINDINGS
1. The creation of the proposed parcels will 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 proposed project is in compliance with the City of
Atascadero' s Appearance Review Manual Guidelines.
JM/jm
i
. • 0
EXHIBIT J - Conditions of Approval
Tentative Tract Map 39-87 (1488)
9240 Vista Bonita
Yeomans/Fredericks
May 17, 1988
CONDITIONS OF APPROVAL
1. Water shall be obtained from the Atascadero Mutual Water
Company. Water lines and water line improvements required to
serve the subdivision shall be constructed prior to the
recording of the map. The individual service laterals and
water meters shall be extended to the property line frontage
of each parcel prior to the recording of the final map.
2. All existing and proposed utility, pipeline, open space, or
other easements are to be shown on the final map. If there
are building or other restrictions related to the easements,
they shall be noted on the final map.
3. All relocation and/or alteration of existing utilities shall
be responsibility of the developer at his sole expense.
4. All lots shall be connected to the Public Sewer. All
annexation permit fees shall be paid prior to the recording
of the final map. Any sewer extensions for annexation must
be completed within one year after annexation.
5. Sewer improvement plans shall be submitted for review and
approval by the Public Works Department prior to the
recording of the final map.
6. Grading, and Drainage plans, prepared by a registered Civil
Engineer shall be submitted to and for review and approval
by, the Community Development and Public Works Departments
prior to the issuance of any building permits or the
recording of the final map.
7. Obtain an encroachment permit from the City of Atascadero
Public Works Department. Sign an Inspection Agreement
guaranteeing that the work will be done and the inspections
paid for, prior to the 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 minor modifications prior to approval of 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, which ever comes first. Plans shall include, but
not limited to :
a. Vista Bonita: Design shall conform to design of
improvements being prepared for Tract 1562 (Spanish
Ridge) being prepared in connection with proposed
development. Plans shall include a minimum paved
section of 20'-0" and approved fire code turn around.
Design shall include measures to save and preserve trees
within the right-of-way, as approved by the Community
Development and Public Works Departments.
11 . Construction of the access road improvements shall be
completed prior to the recording of the final map.
12. Public Improvement plans prepared for the site shall be
reviewed and approved by the Fire Department. The plans
shall include needed fire suppression improvements as
determined by the Fire Department. Water main design shall
be reviewed and pressure booster pump may be required if
water pressure is found to be inadequate for fire
protection. Design and location of improvements 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 t
findings and adopted Resolution of Necessity as required by
law so that the City may exercise its power of Eminent
Domain.
14 . Drainage Facilities shall be constructed to City of
Atascadero Standards. All work shall be completed prior the
recording of the final map.
• •
15 . The Subdivider shall provide drainage easements and/or
drainage releases from the points of concentration of
stormwater leaving the project boundary through adjoining
properties to the nearest natural watercourses as approved
by the Public Works Department if applicable.
16. 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.
17. 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.
18. A Drainage Maintenance Agreement, in a form acceptable to
the City Attorney, shall be recorded with the deed to each
parcel at the time it is first conveyed and a note to this
effect shall be placed on the final map.
19. Offer of dedication to the City of Atascadero the following
rights-of-way and / or easements:
Street Name: Vista Bonita
Minimum Width: 10'-0" from the center of Right-of-Way
along property frontage.
20 . Offer for dedication to the Public for Public Utility
Easements all access easements.
21. Offers of dedication shall be completed and recorded prior
to or simultaneous to the recordation of the final map.
22 . 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. i
23 . 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 landscape maintenance. These CC&Rs shall be
submitted for review and approval by the City Attorney and
the Community Development Department prior to the recording
of the final map. The CC&Rs shall implement the development
standards set forth in the approved Planned Development
Overlay Zoning (Zone Change 15-87) .
JI
• •
24. Zone Change ZC: 15-87 shall be approved and in effect prior
to the recording of the final map.
25. Provide Sewer Main Extension Plan acceptable to the Director
of Public Works. Main extension shall be thur Golf Course
or Las Lomas to Pino Solo. Easement thur Golf Course, if
this alternative is selected, shall be recorded prior to
recording final map.
26. 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.
27. 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
4kXHIBIT B
EXHIBIT J - Conditions of Approval
Tentative Tract Map 39-87 (1488)
9240 Vista Bonita
Yeomans/Fredericks
(Revised June 7, 1988)
CONDITIONS OF APPROVAL
1. - Water shall be obtained from the Atascadero Mutual Water
Company.
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. All lots shall be connected to the Public Sewer. All
annexation permit fees shall be paid prior to the recording
of the final map. Any sewer extensions for annexation must
be completed within one year after annexation.
5. Sewer improvement plans shall be submitted for review and
approval by the Public Works Department prior to the
recording of the final map.
• 6. Grading, and Drainage plans, prepared by a registered Civil
Engineer shall be submitted to and for review and approval
by, the Community Development and Public Works Departments
prior to the issuance of any building permits or the
recording of the final map.
7. Obtain an encroachment permit from the City of Atascadero
Public Works Department. Sign an Inspection Agreement
guaranteeing that the work will be done and the inspections
paid for, prior to the issuance of a building permit, or
start of public works construction, and construct
improvements as directed by the encroachment permit.
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.
t
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 minor modifications prior to approval of 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, which ever comes first. Plans shall include, but
not limited to :
a. Vista Bonita: Design shall conform to design of
improvements being prepared for Tract 1562 (Spanish
Ridge) being prepared in connection with proposed
development. Plans shall include a minimum paved
section of 20'-0" and approved fire code turn around.
Design shall include measures to save and preserve trees
-.within the right-of-way, as approved by the Community
Development and Public Works Departments.
11. Public Improvement plans prepared for the site shall be
reviewed and approved by the Fire Department. The plans
shall include needed fire suppression improvements as
determined by the Fire Department. Water main design shall
be reviewed and pressure booster pump may be required if
water pressure is found to be inadequate for fire
protection. Design and location of improvements shall be
approved prior to the recording of the final map.
12. 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 Resolution of Necessity as required by
law so that the City may exercise its power of Eminent
Domain.
13. Drainage Facilities shall be constructed to City of
Atascadero Standards.
14. The Subdivider shall provide drainage easements and/or
drainage releases from the points of concentration of
stormwater leaving the project boundary through adjoining
properties to the nearest natural watercourses as approved
by the Public Works Department if applicable.
15. All 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.
• 0
16. 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.
17. A Drainage Maintenance Agreement, in a form acceptable to
the City Attorney, shall be recorded with the deed to each
parcel at the time it is first conveyed and a note to this
effect shall be placed on the final map.
18. Offer of dedication to the City of Atascadero the following
rights-of-way and / or easements:
_ Street Name: Vista Bonita
Minimum Width: 10'-0" from the center of Right-of-Way
along property frontage.
19. Offer for dedication to the Public for Public Utility
Easements all access easements.
20. Offers of dedication shall be completed and recorded prior
to or simultaneous to the recordation of the final map.
21. 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.
22. The applicant shall establish Covenants, Conditions and
Restrictions (CC&Rs) for the regulation of land use,control
of nuisances, architectural control of all buildings, on
site & off site improvements driveway and landscape
maintenance. These CC&Rs shall be submitted for review and
approval by the City Attorney and the Community Development
Department prior to the recording of the final map. The
CC&Rs shall implement the development standards set forth in
the approved Planned Development Overlay Zoning (Zone Change
15-87) .
23. Zone Change ZC: 15-87 shall be approved and in effect prior t
to the recording of the final map.
24. Provide Sewer Main Extension Plan acceptable to the Director
of Public Works. Main extension shall be thur Golf Course
or Las Lomas to Pino Solo. Easement thur Golf Course, if
this alternative is selected, shall be recorded prior to
recording final map.
25. The applicant shall enter into an agreement for on-site and
off-site improvements prior to the recording of the final
map. Applicant shall submit separate bonds for the off-
site and on-site improvements, terms and amounts to be
acceptable to the Community Development Director and the
Director of Public Works.
26. No building permits for residential construction shall be
issued until the on-site and off-site improvements are
completed to the satisfaction of the Community Development
Director and the Director of Public Works.
27. 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.
28. 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
t
EXHIBIT C
Members of the Atascadero Planning Commission:
Reference : Conditions of Approval for Tract 1562
This letter serves as our request that conditions
numbers 1 , 4 , 7 , 10, 14 , eLal , which require that the
actual construction of site improvements be complete
-before the final map for 1562 is recorded , be amended
to allow for bonding of the site improvements . We can-
not commit the amount of funds required for the site
improvements on this project without the assurance of
the final map being of record. We are therefore sub-
mitting the following substitute conditionfor your
consideration which will provide for a coordinated de-
velopment of the site in a manner benefical to all con-
cerned .
New Conditions
28) The applicant may submit a bond or surety ; terms
and amount to be acceptable to the director of
Public Works ; in order to record the final map
prior to the construction of site improvements .
29) No building permits for residential construction
will be issued until the site improvements are
completed to the satisfaciton of the director of
Public Works . (Note: Applications for plan check
and the plan check porcedure may take place prior
to completion of site improvements)
Thank you ,
Mikee Yeo
ns
Michael Frederick )
MY/MF/sw
MINUTES EXCERPT
MAY 17, 1988
MEWING AGENDA .
DATE 7 ITEM�
MINUTES - ATASCADERO PLANNING COMMISSION
Regular Meeting
Tuesday, May 17, 1988 7 : 30 p.m.
Rotunda Room, City Administration Building
The regular meeting of the Atascadero Planning Commission was
called to order at 7 : 30 p.m. by Chairperson Nolan followed by the
Pledge of Allegiance led by Commissioner Kidwell.
ROLL L:
Present: C issioners Kidwell, Hatchell, Michi sen, Tobey,
Bond, Lopez-Balbontin (7 : 35 p.m. ) an Chairperson
Nolan
Absent: None
Staff Present: Henry Engen, nity Development Director;
Paul Sensibauublic Works Director; Steven
Decamp, Se 'or Pla er; Joel Moses, Associate
Planner- and Patrici Shepphard, Administrative
Secr ary I
A. CONSENT ALENDAR
1 Approval of minutes of the regular Planning ommission
meeting of May 3, 1988
MOTION: Made by Commissioner Bond, seconded by Commis-
sioner Tobey and carried unanimously to approve
the Consent Calendar as presented.
B. HEARINGS , APPEARANCES , AND REPORTS
1 . ZONE CHANGE 15-87 AND TENTATIVE PARCEL MAP 39-87 :
Request initiated by Mike Yeomans and Mike Frederick to
revise the existing RSF-Y and RSF-Z zoning to provide
for a Planned Development Overlay and implementing
tentative tract map to re-organize the existing six
lots totaling 6 . 32 acres into six lots ranging from
10,740 to 16, 980 square feet and create a new open
space parcel containing 4 .47 acres, and to abandon a
portion of Vista Bonita Road. Subject site is located
at 9240 Vista Bonita Road. (CONTINUED FROM MEETING OF
MAY 3, 1988) .
• •
Mr. Moses presented the staff report on the two applications
recommending approval of the zone change and tentative
parcel map requests .
Chairperson Nolan noted that the applicant has submitted a
letter requesting that certain conditions be amended to
allow for bonding of the site improvements rather than
require actual construction to be complete before the final
map can be recorded.
=Mike Yeomans, applicant, stated he is in agreement with the
staff analysis and conditions of approval; however, he ex-
plained his reasons for requesting the bonding for Condi-
tions ##1 , 4 , 7 , 10, 14 , etc .
Steve Decamp addressed Mr. Yeoman' s letter noting that some
of the conditions referenced would not be applicable to the
bonding request. If bonding is to be allowed for the off-
site improvements, then bonding should also be included for
any on-site improvements as well . He added that assurances
need to be made to insure that this project is completed in
one phase. It is important that all of the grading work be
completed at one time. He advised that this matter should
be continued for Public Works input if it is the Commis-
sion' s desire to amend the conditions as requested by the
applicant. Discussion followed.
Commissioner Hatchell stated an excellent job was done on
the staff report and commended the developer on their
efforts to minimize impacts on the site. He stated he would
be in favor of bonding because of the extent of the off-site
improvement costs . Commissioner Bond concurred with Commis-
sioner Hatchell ' s comments and added he would like to see
staff work with the applicant to revise the conditions of
approval .
Staff noted reluctance in drafting conditions at this time
due to the complexity of the site. Commissioner Hatchell
added he would like to see wording incorporated which would
require the improvements to be complete prior to issuance of
the first building permit.
Mr. Yeomans further stated that 99 1/2% of all grading will
take place in one operation and he will be submitting a more
detailed grading plan and improvement drawings . De Camp
emphasized that staff ' s major concern is that all of the
work be done at one time and not in a piecemeal fashion.
Discussion followed concerning the CC&Rs and planned
development overlay which will help in insuring that all of
the conditions are met. --
MOTION: Made by Commissioner Bond and seconded by Commis-
sioner Kidwell to continue the public hearing to
June 7, 1988 in order for staff to work with the
i
applicant in revising the conditions to make pro-
vision for bonding of off-site and on-site
improvements , including grading.
Commissioner Lopez-Balbontin expressed concern with the open
space easements and wants to make sure that assurances are
made for dedication of open space easements to t
P P he City.
Discussion followed concerning this issue density
increases, etc.
After further discussion, the motion
carrIed 7 -0 -
2 . TENTATIVE PARCEL MAP 7-88:
Request initiated by John white (Twin Cities Engineer-
ing) to subdivide 10 .44 acres into two parce
containing 3 . 66 and 6 . 78 acres each. Subject sit is
located at 9550 Laurel Road.
Mr. Moses presented the staff report concerning this two-way
'vision request; staff recommendation is for/ approval
su 'ect to 11 conditions of approval.
John ite, applicant, spoke in support of he application
and as d for clarification on conditi #4 . Mr. Decamp
responded hat the intent of the conditi is to insure that
grading and rainage plans are in for t e access to the back
lot which is , or this case, driveway esign.
There was no pub l ' c testimony giv
MOTION: Made by Com issioner atchell, seconded by Commis-
sioner Tobey and rried 7 :0 to approve Tentative
Parcel Map 7-8 ject to the findings and con-
ditions contain in the staff report.
3 . TENTATIVE PARCEL P 9-88.
Request initiat d by Willi and Ann Palmer (Cuesta
Engineering) o subdivide an existing developed parcel
totaling 2 4 acres into tw arcels containing 1 . 04
and 1 . 00 res each. Subject s e is located at 4800
San Jac ' to Avenue.
In presen ng the staff report, Mr. Mose referenced some
revised onditions of approval that the Publi Works Depart-
ment d revised ( #11 concerning offer of dedi ation) . Mr.
Mose responded to questions from the Commission.
hn Falkenstien, agent for the applicant, concur d with
staff' s recommendation but expressed concern witthe
wording on Condition #8. He stated that given the natur of
the street, that the last sentence concerning the requir
ment for a 15 foot pave-out from the centerline be deleted
. • MINUTES EXCERPT
JUNE 7, 1988
MEMO AGENDA /
DAT L��i ITEM+
MINUTES - ATASCADERO PLANNING COMMISSION
Regular Meeting
Tuesday, June 7, 1988 7 : 30 p.m.
Rotunda Room, City Administration Building
The regular meeting of the Atascadero Planning Commission wa
called to order at 7 :31 p.m. by Chairman Nolan, followed by e
Pledge of Allegiance led by Commissioner Michielssen.
ROLL CALL:
Present: Commissioners Kidwell, Michielsse Tobey, Bond,
11
Lopez albontin, and Chairman an
Absent: Commission e Hatchell (e sed)
Staff Present: Henry Engen; mmunity Development Director;
Joel Moses As Qciate Planner, Doug Davidson,
Assista Planner, Patricia Shepphard, Admin
istr ive Secretary
A. CONSE CALENDAR
Approval of minutes of the regular Plann ' g Commission
meeting of May 17 , 1988
MOTION: Made by Commissioner Kidwell, seconde by
Commissioner Tobey and carried 6 : 0 to approve t
Consent Calendar as presented.
B. HEARINGS, APPEARANCES, AND REPORTS
1 . ZONE CHANGE 15-87 AND TENTATIVE PARCEL MAP 39-87 :
Request initiated by Mike Yeomans and Mike Frederick to
revise the existing RSF-Y and RSF-Z zoning to provide
for a Planned Development Overlay and implementing
tentative tract map to reorganize the existing six lots
totaling 6 . 32 acres into six lots ranging from 7 , 260 to
9, 132 square feet and create a new open space parcel
containing 5 . 18 acres, and to abandon a portion of
Vista Bonita road. Subject site is located at 9240
Vista Bonita Road. (CONTINUED FROM MEETINGS OF. MAY 3
AND MAY 17, 1988)
Mr. Moses summarized -the background from the previous
Commission meeting wherein revised conditions have been
provided which allow provision for bonding of improvements.
There was brief discussion relative to the difference
between the revised conditions and original conditions
proposed by staff.
Mike Yeomans, applicant, indicated his concurrence with
these revisions .
In response to question from Commissioner Michielssen, Mr.
Moses explained staff was recommending approval of the
original conditions as they pertain to the "planned
"'development" aspect of the project. Staff was concerned
that this project and the necessary improvements be
installed in one phase. Commissioner Michielssen felt that
bonding is an appropriate measure of securing the necessary
improvements and felt this would not be a problem given that
no building permit could be issued before all improvements
are completed.
MOTION: Made by commissioner Michielssen and seconded by
Commissioner Kidwell to approve Tentative parcel
Map 39-87 subject to the revised conditions of
approval (June 7, 1988 ) , and recommend approval of
Zone Change 15-87 to the City Council.
Commissioner Bond stated he has followed the project very
closely and concurred with Commissioner Michielssen' s
statements and felt that the conditions would help mitigate
impacts to the hillside without increasing the density.
Commissioner Lopez-Balbontin expressed concern that
assurance is made that the open space parcel is not
developed at any future date. Mr. Moses stated this would
be handled through the CC&Rs .
The motion carried 6 :0
2 . APPEAL OF PRECISE PLAN 10-88 :
Appeal initiated by Klaus Mathes (Asso ated
Professions, Inc . ) appealing specifically t precise
plan condition that the proposed gradin a reduced.
bject site is located at 13305 Sant na Road.
(CO UED FROM MEETING OF MAY 17 88) .
Mr. Davidson lained th the applicant submitted
alternate plans which w t the proposed grading is the
most appropriate solutio access the site so the required
findings can now be ade to p ess the precise plan, and
noted the applic has withdrawn h ' appeal .
There wa rief discussion concerning ref u of the appeal
fee. aff pointed . out that no refund is warra d as the
-ff-a has been absorbed in processing costs, publis the
public hearing notice, staff report, etc. ,\
ORDINANCE NO. 180
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING
SECTION MAP NUMBER 19 OF THE OFFICIAL ZONING MAPS OF THE CITY OF
ATASCADERO BY REZONING CERTAIN PROPERTY ON VISTA BONITA ROAD
FROM RSF-Y & RSF-Z (RESIDENTIAL SINGLE FAMILY) TO RSF-Y (PD-7) &
RSF-Z (PD-7) (RESIDENTIAL SINGLE FAMILY)
(ZONE CHANGE 15-87 - YEOMANS/FREDERICKS)
WHEREAS, The proposed zoning map amendment is consistent
with the General Plan as required by Section 65860 of the
California Government Code; and
WHEREAS, The proposed amendment is in conformance with
Section 65800 et. seq. of the California Government Code
concerning zoning 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 public
hearings on May 3, May 17 and June 7, 1988 and has recommended
approval of Zone Change 15-87.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposal is compatible with the surrounding land
use and zoning.
2. The proposal is consistent with the General Plan
land use element and other elements contained in the
General Plan, and specifically, policies pertaining to
Low Density Single Family Residential development as
expressed in the General Plan land use element.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
4. Modification of development standards or processing
requirements is warranted to promote orderly and
harmonious development.
5. Modification of development standards or processing
requirements will enhance the opportunity to best
utilize special characteristics of an area and will
have a beneficial effect on the area.
• !
6. Benefits derived from the overlay zone cannot be
reasonably achieved through existing development
standards or processing requirements.
7. Proposed plans offer certain redeeming features
to compensate for requested modifications.
Section 2. Zoning Map.
Map number 19 of the Official Zoning Maps of the City of
Atascadero on file in the Community Development Department is
hereby amended to reclassify Lots 1,2, and 3 of PM 32-85 and
Lots 16 & 17 of Tract 5 in Atascadero as show on the attached
Exhibits "A" & "B" which are hereby made a part of this ordinance
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
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 is approved by the following role call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
By: 1
BONITA BORGESON, MAYOR
City of Atascadero, California
ATTEST:
BOYD C. SHARITZ, City Clerk
APPROVED AS TO CONTENT:
WILLIAM HANLEY Interim, City Manager
APPROVED AS TO FORM:
JEFFREY JORGENSEN, City Attorney
PREPARED BY:
HE R "ENGN,
Community evelop e t Director
t
• OXHIBIT A -- ORDINANCE 180
` �, ZONE CHANGE 15-87
;t CITY OF ATASCADERO sF--Y TO RSF--Z CPD 7)
RSF--Z & R
'�Plll'Iff! , Ipip '
& RSF--Y CPD 7)
COMMUNITY DEVELOPMENT YEOMANS/FREDERICKS � I
DEPARTMENT
ZONE CHANGE 15-87 �.
R F•Z YEOMANS/FREDERICKS
RS F--Z & RS F--Y
MF•4 6) , ,, TO
=a W , •,'`� RSF-ZCPD 7) & RSF--Y(PD 7)
CL AFL
00, ":•' S F
R (P07)
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i d
�IVE � z .. / ,.
d! .1•■ y.�� ITY OF ATASCADERO EXHIBIT' B ORDINANCE 18 0
r1B1;�(ls ZONE CHANGE 15-»87
.W- C n COMMUNITY DEVELOPMENT RSF■mZ RSF--Z TO RSF—Z (PD 7)
& RSF—Y CPD 7)
gat DEPARTMENT YEOMANS/FREDERICKS
—
-�.__.�`i�AR•11 1938 + `._. ,
COh1h'Jlviry DEVELopp.a '
Z.
14
TRACT 1562
TENTATIVE MAP \�\
CHALK MOUNTAIN.ATASCAOERO
NORTH h�� 1 .•� :'I' LOTS �.� �' ;rr LOT ` ;
zl
s
awde - , . \ , '.�.,:• \ �� \\ \�• i
..` ' _. ..w�1 a.•'ti� .� I ,■m .LOT
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OT
LOT Y
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\ LOT 7" _.OPENSPACE6 6 `
LI' Ai �.30 aous `� is •'t9 2
IRC15 _I 2J r _ - 4S
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-
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VIUrA I Y rAAP
•
M E M O R N D U M
TO: City Council July 12 1988
VIA: William Hanley, Interim City Manager
FROM: Henry Engen, Community Development Director }
SUBJECT: GENERAL PLAN AMENDMENT 2B-88/ZONE CHANGE 8-88
LOCATION: Land located between US 141 and E1 Camino Real
north of the Commercial Tourist zone at Del Rio
Road
APPLICANT: . -Atascadero Elks Lodge
REQUEST: To allow public and quasi-public uses within the
subject area, and include - modifications to the
ZoningOrdinance text relative to the allowed and
conditionally allowed uses within the P(Public)
Zone.
BACKGROUND:
On June 21 , 1988, the Atascadero Planning Commission conducted a
public hearing on the above-referenced requests . On a 5 : 0 vote,
the Commission recommended approval of General Plan Amendment`
2B-88 and Zone Change 8-88 .
RECOMMENDATION:
Approval of General Plan Amendment 2B-88 (map change) and Zone
Change 8-88 (zoning map; and zoning text change) by:
( 1) Approval of Resolution 49-88 (general plan map change) ,
(2) Approval of Ordinance No. 178 (zoning map change) by:
a. Reading by title only. t
b. Approving attached Ordinance No. ;178 on first reading.
(3) Approval of Ordinance No. 179 (zoning text change) by:
a. Reading by title only.
b. Approving attached Ordinance No. 179 on first reading.
HE :ph
Attachments : Staff Report June 21 , 1988
Minutes June-Excerpt J 21, 1988
P
Resolution No. 49-88
ordinance No 178
Ordinance No. 179
CITY OF ATASCADERO Item:
STAFF REPORT
FOR: Planning Commission Meeting Date: June 21, 1988
BY: 1.DSteven L. Decamp, Senior Planner File No: GP 2B-88
ZC 8-88
SUBJECT:
Amendments`to- the City's adopted General Plan Land Use Element
and Zoning Ordinance map to allow public and quasi-public uses
within the subject area. Also included are modifications to the
Zoning Ordinance text relative to the allowed and conditionally
_ allowed uses within the P (Public) Zone.
BACKGROUND:
On April 19, 1988, the Planning Commission considered and
expanded the study area for the subject General Plan amendment
and .Zoning Ordinance revision. As a result, the study area for
this application includes all of the land located between US 101
and El Camino Real north of: the Commercial Tourist .zone at Del i
Rio Road.
A. SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . .Atascadero Elks Lodge
2. Representative. . . . . .. . . . . . . . .Dennis H. Garad
-3. Project Address. . . . . . . . . . . . . (see above)
5. Study Area.. . . . . . . . . . . . . . . . . . 14. 6 acres
6. Zoning. . . . . . . . . . . . . . . . . .. ..RS (Residential Suburban) &
CR (Commercial Retail)
7. General Plan Designation. .Suburban Single Family &
Retail Commercial
8. Existing Use. . . . . . . . . . . . . . . . .mixed uses, predominately
single family residential
9. Environmental Status. . . . . . . Negative Declaration posted
June 8, 1988
2
B. ANALYSIS:
The property which is the subject of this General Plan amendment
and Zoning Ordinance change has been the subject of several such
proposals in the past. In 1986, the City Council denied a
request by Leonard Brazzi (GP 1A-86) to amend the General Plan
land use designation for property located at 1800 El Camino Real
from Suburban Single Family to Commercial Retail. At that time,
the Council indicated that any further study of the subject area
should consider the entire strip of property between El Camino
Real and US 101 north of Del Rio Road.
During the second cycle of General Plan amendments in 1986, the
Council again looked at the area lying between E1 Camino Real and
the freeway. Staff recommended against redesignating this entire
area for commercial uses, but noted that continued large lot
residential development might also be inappropriate. In the end,
the Council redesignated two (2) lots close to Del Rio Road for
commercial use and again left the remaining area to be studied
further.
Every analysis of the subject area reveals that it is not ideally
suited for single family residential development as it is
currently designated and zoned. Each of the lots in this area
is a double frontage lot. Each of these lots front on two of
the busiest thoroughfares in Atascadero. The noise, traffic, and
visual impacts associated with such roads detract from the
attractiveness of the area for residential purposes. Any sense
of "neighborhood" is also diminished by the linear nature of the
area. Although the existing uses are predominately residential,
there has not been. a demand for new residential development in
the area.
At the conclusion of the 1986 study, Staff determined that the
subject property was not appropriate for a Retail Commercial
designation. This determination was made in large part based on
language within the General Plan's Land Use Element. With
respect to general retail development, the General Plan states:
"General Retail - This land use currently is found along E1
Camino Real from Traffic Way to San Anselmo Road, on the
east side of El Camino Real from the Thrifty Drug complex to
Pueblo Avenue, and on the east side of E1 Camino Real at
Santa Rosa Road. There are many vacant properties in each
of these areas which can be developed to meet shopping needs
for the immediate future. "
The text of the Plan continues to note the problems associated
with strip commercial development including limited parking on
shallow lots, vehicular movements, impediments to pedestrian
. movements, visual chaos, and required reliance on automobiles.
3
Policy #3 in the Plan' s discussion of general retail uses states:
"Commercial uses shall be developed in clusters to encourage
concentrations of compatible retail trade service. "
These discussions in the Plan led the Commission and Council to
limit the extent of new commercial designations to the two (2)
lots north of the Commercial Tourist (CT) zone at Del Rio Road.
Limitations on new commercial development in the area north of
San Anselmo Road has recently been suggested in the Economic Base
Analysis prepared for the City of Atascadero by Economics
Research Associates. Their study concludes that the City has an
adequate supply of land zoned for commercial purposes for the
near future. In addition, the report strongly suggests that the
northern limit of retail commercial development be established at
the intersection of San Anselmo Road and El Camino Real. These
findings support staff' s contention that the area north of Del
Rio Road should not be designated for general retail uses.
There appears to be a need within Atascadero for areas where
public, quasi-public, and institutional uses can be located as
allowed or conditionally allowed uses. The characteristics of
such uses make them incompatible in many residential zones and
undesirable in established retail trade areas. The City' s
General Plan and Zoning Ordinance provide extremely limited
opportunities for such uses, however. The desire of the
Atascadero Elk Lodge (a Membership Organization) to locate on
property north of Del Rio Road provides an opportunity to explore
the suitability of this area for other such uses.
The very factors that make the study area undesirable for
residential purposes make it attractive for public and
institutional uses. Highway 101 and El Camino Real would provide
adequate access to the types of uses expected to locate in a
Public zone. Del Rio Road provides ready access to US 101 and
other parts of the City and surrounding areas. The fact that the
lots in the area have double frontage would not be detrimental to
public and quasi-public uses.
Where the visibility of the back of commercial developments from
US 101 might be undesirable, public and quasi-public uses should
not present the same concern. Public and institutional uses tend t
to develop in a "campus" like setting that should provide a more
pleasant view from the freeway.
In addition to providing additional area for the location of
public and quasi-public uses, staff believes that some
modification of the listing of allowed and conditionally allowed
uses is appropriate (see Exhibit A of Attachment E) . Because
this zone covers various locations within the City, the
recommended list of allowed uses is reduced to avoid incompatible
4
development. The uses which have been removed from the list of
allowed uses have been added to the listing of conditionally
allowed uses. In addition, several new uses that are of a quasi-
public or institutional nature have been added to the list of
conditionally allowed uses.
With the recommended changes to the Zoning Ordinance text and
map, staff believes that an appropriate amount of land can be
made available for public uses. Additionally, more appropriate
uses can be proposed for the area north of Del Rio Road between
the freeway and E1 Camino Real.
C. RECOMMENDATION:
Staff recommends approval of General Plan Amendment 2B-88 and
Zone Change 8-88 based on the Findings in the attached Draft
Resolution (Attachment C) and Draft Ordinances (Attachments D and
E) .
ATTACHMENTS: ATTACHMENT A - General Plan Study Area
ATTACHMENT B - Zoning Map Study Area
ATTACHMENT C - Draft Resolution (GP 2B-88)
ATTACHMENT D - Draft Ordinance (Zoning Map)
ATTACHMENT E - Draft Ordinance (Zoning Text)
ATTACHMENT A_
CITY OF ATASCADERO GP 2B-88
Study Area
— ` sCAD '. COMMUNITY DEVELOPMENT
DEPARTMENT
EI SI Y
i U TI-F I P`
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C4Mip0 \4i
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Af 10/
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Initial Application
Expanded Study Area
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ATTACHMENT B
�� . CITY OF ATASCADERO Zone Change 8-88
`"Sol,.��.� " , 1978
c4D COMMUNITY DEVELOPMENT Study Area
DEPARTMENT
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Name
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Initial Application
Expanded Study Area
RS
MO ��
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MINUTES EXCERPT
�NE 21, 1988
4 . GENERAL PLAN AMENDMENT 2B-88/ZONE CHANGE 8-88 :
Application submitted by the Atascadero Elks Lodge for
1) revision to the General Plan from Suburban Single
Family to Public; 2) revision of the Zoning Ordinance
map from (RS) Residential Suburban to (P) Public; and
3) revision of the Zoning Ordinance text to allow
membership organizations as conditional uses in the (P)
Public zone along with related text changes . Subject
site is located between U.S. Highway 101 and E1 Camino
Real north of the Commercial Tourist zone at Del Rio
Road. 3
Steve Decamp presented the staff report on this matter :F
noting the expanded study area for the General Plan
amendment and Zoning Ordinance revision. It was pointed out
that with the recommended changes , there appears to be an
appropriate amount of land that can be made available for
public uses .
Dennis Garad, representing the Elks Lodge, spoke in support
of the approval. He stated that the subject property is
currently in an escrow agreement with the Elks Lodge pending
the City' s action in this matter.
Commissioner Bond commended staff on a good staff report and
concurred with the recommendation.
MOTION: Made by Commissioner Bond and seconded by Commis-
sioner Tobey to recommend approval of General Plan
Amendment 2B-88 and Zone Change 8-88 based on the
Findings in the draft resolution and ordinances
attached to the staff report.
Commissioner Lopez-Balbontin asked for clarification on
criteria for lot sizes in the Public zone.
The motion carried 5 : 0 .
C. PUBLIC COMMENT
No blic comment was given.
D. INDIVIDUAL COMME
1 . Planning Commission
Vice Chairperson M ' elssen stated at Tom Hatchell was
unable to att this -evening' s meetin o the resolution
should be tponed to the first meeting in _
RESOLUTION NO. 49-88
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO APPROVING AN AMENDMENT TO THE
LAND USE MAP OF THE LAND USE ELEMENT
OF THE CITY' S GENERAL PLAN
(GP 2B-88; ATASCADERO ELKS LODGE)
WHEREAS, the City of Atascadero has grown considerably since
incorporation; and
WHEREAS, the City' s General Plan, which was prepared in the
1970' s and adopted in 1980 to guide the City' s general growth is
in need of updating; and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearing on the subject amendment on June 21,
1988; and
WHEREAS, Government Code Section 65356 provides that a
General Plan be amended by the adoption of a resolution; and
WHEREAS, the Council of the City of Atascadero finds as
follows:
1. The proposed General Plan amendment recommended by the
Planning Commission is consistent with the goals and
policies of the General Plan.
2. The proposed General Plan amendment will not have a
significant adverse affect on the environment. The
Negative Declaration prepared for the project is
adequate.
THEREFORE, the Council of the City of Atascadero does
resolve to approve General Plan Amendment GP 2B-88 as follows:
1. Amendment to the General Plan Land Use Element, Land
Use Map from Residential Suburban and Commercial Retail
to Public as shown on the attached Exhibit "A" .
On motion by and seconded by
, the foregoing resolution is hereby
adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
• DATE ADOPTED: --
• !
Resolution No. 49-88
•
CITY OF ATASCADERO, CA
BONITA BORGESON, Mayor
ATTEST:
BOYD C. SHARITZ, City Clerk
APPROVED AS TO CONTENT:
WILLIAM HANLEY, Interim City Manager
APPROVED AS TO FORM:
JEFFREY G. JORGENSEN, City Attorney
PREPARED BY:
HENRY ENGE1.1J, Communi?3D evelopment Director
EXHIBIT A
CITYGeneral Plan Amend. 2B-88
OF ATASCADERO
COMMUNITY DEVELOPMENT
DEPARTMENT
TR �►
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Et CMip \
O RE,C T
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SITE R C MMM I
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Suburban Single Family \
L
& Retail Commercial to 0
Public
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11
11
� ROAD
.I
ORDINANCE NO. 178
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 4 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED
WEST OF EL CAMINO REAL AND NORTH OF DEL RIO ROAD
FROM RS (RESIDENTIAL SUBURBAN) AND
CR (COMMERCIAL RETAIL) TO P (PUBLIC)
(ZC 8-88; ATASCADERO ELK LODGE)
WHEREAS, the proposed zoning map amendment is consistent
with the General Plan as required by Section 65860 of the
California Government Code; and
WHEREAS, the proposed amendment is in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning 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 June 21, 1988 and has recommended approval of Zone
Change, 8-88.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposal is compatible with the surrounding land
use and zoning.
2. The proposal is consistent with the General Plan
land use element and other elements contained in the
General Plan.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
Section 2. Zoning Map.
Map Number 4 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department
is hereby amended to reclassify Lots 3 - 13 of Block 48 of the
Atascadero Colony as show on the attached Exhibit "A" which is
hereby made a part of this ordinance by reference.
i !
Ordinance No. 178
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:
• NOES:
ABSENT:
DATE ADOPTED:
By:
BONITA BORGESON, Mayor
City of Atascadero, California
ATTEST:
BOYD C. SHARITZ, City Clerk
APPROVED AS TO CONTENT:
WILLIAM HANLEY, Interim City Manager
t
APPROVED AS TO FORM:
JEFFREY JORGENSEN, City Attorney
PREPARED BY:
HENRY ENG , Comwo
ty Development Director
• EXHIBIT A
CITY Zone Change 8-88
,ri , . �.,� OF ATASCADERO
Sol .ir. , 1978
ascan .' COMMUNITY DEVELOPMENT •
DEPARTMENT
L / Ta •;
CT
R S
c G •
/N r v
/ f
1/ QEq(
l o S
6q 'q
SITE
RS (Residential Suburban)
& CR (Commercial Retail)
RS to P (Public) �2 t
M
'r
-:
ORDINANCE NO. 179
is AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING THE OFFICIAL ZONING
ORDINANCE TEXT REGARDING THE ALLOWED AND
CONDITIONALLY ALLOWED USES IN THE P (PUBLIC) ZONE
(ZC 8-88; ATASCADERO ELK LODGE)
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 June 21, 1988 and has recommended approval of Zone
Change 8-88.
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 8-88 is approved to change
the text of the Zoning Ordinance as shown in the attached Exhibit
A, which is made a part hereof by reference. t
Ordinance No. 179
•
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:
NOES:
ABSENT:
DATE ADOPTED:
By:
BONITA BORGESON, Mayor
City of Atascadero, California
ATTEST:
BOYD C. SHARITZ, City Clerk
APPROVED AS TO CONTENT:
WILLIAM HANLEY, Interim City Manager
APPROVED AS TO FORM: i
JEFFREY JORGENSEN, City Attorney
PREPARED BY:
HENRY ENGE , Co mmu y Development Director .
EXHIBIT A
P (Public) Zone
9-3. 421. Purposes: This zone is established to provide suitable
locations and standards for the maintenance and development of
public and quasi-public facilities and services.
9-3. 422. Allowable Uses: The following uses shall be allowed in
the Public 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) Broadcasting studios
fib} Ea�etalter-res�eleaee-fSee-Seet�e�r-3-6-�A4}
+e} Excreter}e9
{-�} C-a��eet3arr-gtat3arr-{-gee-Seet�ae-9-G.-�39}
fe} Heal-th-eai-e-servirees
ff} (b) Libraries and museums
fg} (c) Offices (City, County, State or Federal government
or public utilities)
fh} (d) Temporary offices (See Section 9-6. 176)
+i* Pirpelirrtes
f�} (e) Public assembly and entertainment
flf} (f) Schools (See Section 9-6. 125)
f1} Skilled-Ytttr-ak tg -fSee-Seetiatr-9-&r1-a4}
fat} Saea�-a -ser� ee-argatrgatieas
fa} (g) Temporary events (See Section 9-6. 177)
+e} (h) Temporary or seasonal retail sales (See Section 9-
6. 174)
fg} �raag�t-gtatiatrg-aed-terat�rra�9
fes} >3t���t�-traxeat�ggiaa-€ae���t�e9
fs} Pteee9'3er�-gt@rade-fSee-Seet.�e�r-3-fr.-�S3}
• •
ft} (i) Outdoor recreation services
9-3. 423. Conditional Uses: The following uses may be allowed in
the Public Zone. The establishment of conditional uses shall be
as provided be Section 9-2. 109 (Conditional Use Permits) :
(a) Herne Animal hospitals (See Section 9-6. 110)
(b) Caretaker residence (See Section 9-6. 104)
(c) Cemeteries
(d) Churches and related activities (See Section 9-6. 121)
(e) Collection station x
(f) Funeral Services
(g) Health care services
(h) Membership organizations
(i) Residential care
(7) Schools - business and vocational (See Section 9-6. 125)
(k) Single family residences
(1) Skilled nursing facility (See Section 9-6. 134)
(m) Social and service organizations
(n) Transit stations and terminals
(o) Utility service centers
9-3. 424. Lot Size: There shall be no minimum lot size in the
Public Zone •, except for parcels intended for single family
residential use where the minimum lot size shall be 2 1/2 acres.
t
MEETIn, 11i3EiwDlt C?._�
M
• MEMORANDUM
To: Honorable Mayor and City Council
Through: William Hanley, Interim City Manager
From: Paul M. Sensibaugh,- Director of Public Works/City Engineer
Subject : July 8, 1988 Regional Water Quality Control Board Meeting
Date: July 1, 1988
Attached are excerptsfrom the RWQCB staff 's report to the
Board and the new Order 88-84 that will be included on the Board's
July 8 agenda. The City staff memo has been addressed and for the
most part has been responded to positively. Most of the battles
have been won and, although the proposed work will be costly to the
City and the County, the war appears, to have been won!
The most significant change from the draft order is the Board
staff 's acceptance of alternative measures to address the mean
number of coliforms permitted in the reclaimed wastewater provided
to the golf course . This alone is an erasure of between one and
three million dollars to the City and the County. -
It is noted here that adjacent residences will not be `allowed
within 200 feet of a sprinkler head, or vice versa, whichever is the
most practicable. This may or may not have an affect on the
Proposed Poe project on El Corte (Mushroom Farm)
We have been given six (6) months to complete a Sludge and
Septic management plan. The septic receiving station design is
essentially complete and the plan will be can be quickly supplied by
Wallace . The Sludge management plan is another matter. It will be
difficult to complete the study within the six months allowed.
Moreover, the Order now calls for a cease of operation on April 1,
1989 if the sludge problem is not corrected. The RWQCB staff review
will not be completed on the management plan until the end of March
which will not leave any time to implement the plan. This issue
will be brought up at -the July 8 meeting where our staff will
request a revision of that date .
We have 18 months to complete a Salts Effect Study which will
involve extensive testing and the implementation of an ordinance
which will eliminate the use of rechargeable water softeners .
I- We have only until November 15 to address Flood Protection
• during a 100—yr. rainfall season and the Adequacy of the Disposal
Area to operate on its own without the need of the golf course.
These time restraints are cumbersome and leave little or no
room for consultant selection or discussions of alternatives . They
are, however, an improvement over the draft order and we can not
afford to argue too hard. More importantly, the major engineering
costs have been eliminated since the effluent requirements have not
been changed to potable water standards . That fee could have
exceeded $100, 000. ( It ' s ironic that we pay engineers to help us
reduce construction requirements that in turn reduce the engineering
costs but it works. )
The most costly item appears to be the eventual implementation
of the septic and sludge management plan. Staff has recognized,
however- that the sludge problem must be addressed and is anxious to
begin that process as citizen complaints are inevitable if the gas
released from the faculative lagoon is not reduced appreciably. All
-facilities will be designed for the buildout of the ACSD boundary
area. Staff has included $250,000 in the proposed budget to address
this and other problems associated with this Order.
If I can provide additional ;information on this matter or if
the Order in its entirety is desired, please do not hesitate to
cal-1 . I will be attending the July 8 Board meeting with our
engineers but if the Board accepts their staff 's present
recommendation_ the City will not offer much resistance. The County,
on the other hand, is subject to costs of their own with respect to
the relocation of sprinkler heads or the addition of a potable water
supply. They of course have also won the war and will most likely
be willing to lose the water battle .
t'
•
ATTACHMENT TO ITEM C-1
C.C. AGENDA 7-12-88
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
CENTRAL COAST REGION
1102-A Laurel Lane
San Luis Obispo, California 93401
2nd Draft 6-24-88
,t
ORD -• `,� ER N0. 88
,n 84
� s
C 1
J � Tn1ASTE DISCHARGE.REQUIRII4MI'S
AND iAATER RECLAMATION
FOR
�.
CITY OF A
TASCADERO,
U _
SAN LUIS OBISPO COUNTY
The California Regional Water Quality Control Board, Central
Re-
gion, (hereafter Board Coast) , finds:
1. The City of Atascadero (hereafter Discharger) ,er) owns and
municipalwastewater . operates a
ter treatmentlant located
P in east A
as shown on Attachment "A of this order. taSCadero,
2. to 1 .6 _
UP 7 million-gallons-per-day per-day (6,326 m3 da
municipalm3/day) of treated
wastewater and septage are discharged at this
9 facility.
The treatment facility consists of an aerated lagoon facultative
pond, polishing pond and chlorine disinfection system. Wastewater
is discharged to disposal ponds or reclaimed on a nearby golf
course as shown on Attachment "A Design capacity of the waste-
water treatment and disposal systems is 1.67 MGD (6326 m3/day) .
A Sludge Management and Disposal Plan is being prepared.
3. The disposal ponds are located on nearly level topography consist-
ing of silty-sand alluvial soils to an unknown depth. Depth to
ground water in the disposal ponds is six feet during summer
months, and only a few feet during winter months. Analysis of
water well upgradient and downgradient of the wastewater facil-
ities was as follows in September, 1987.
11Upgradient Well Downgradient Well
25S/12E-24B4 28S/12E-14Q1
Total Dissolved Solids 570 880
Sodium 26 120
Chloride 29 140
Nitrate (as N) 1.5 <1
Sulfate - 150 160
4. The discharaA of wastewater from the discharger's facilities
includes increases of total dissolved solids, sodium, chlorides,
sulfate, and hardness. These constituents may have an impact on
downgradient water quality. A salt management and impact
assessment plan addressing practicable salt limits is needed to
establish future salts limitations. The salts limitations in
this order shall be reevaluated upon completion of such an
assessment.
WDR Order No. 88-84 -2-
5. The. Salinas River is located adjacent to the northeast edge of the
wastewater system and flows in a northwesterly direction to the
Pacific Ocean.
6. These waste discharge `requirements are being updated to make them
consistent with existing discharge and reclamation criteria. The
discharge has been regulated by Waste Discharge Requirements Order
No. 75-67, adopted by the Board on September 12, 1975. This dis-
charge has been regulated by the Board since 1967.
7. The Water Quality Control Plan, Central Coastal Basin, (Basin
Plan) was adopted by the Board on March 14, 1975, and approved by
the State Water Resources Control Board on March 20, 1975. The
Basin Plan incorporates statewide plans and policies by reference
and contains a strategy for protecting beneficial uses of State
waters.
8. Present and anticipated beneficial uses of groundwater in the
vicinity of the discharge include:
a. Domestic water supply;
b. Agricultural water supply; and,
c. Industrial water supply.
9. Present and anticipated beneficial uses of the Salinas River that
could be affected by the discharge include: ,
a. Municipal supply; e. Non-contact water recreation;
b. Agricultural supply; and,
c. Industrial service supply; f. Wildlife habitat.
d. Ground water recharge;
10. Coastal Golf Company uses reclaimed water supplied by the Dis-
charger. These primary users of reclaimed water are regulated by
separate water reclamation requirements.
11 . State Department of Health Services' criteria for use of reclaimed
water is in Title 22, Chapter 3, of the California Administrative .
Code. The Board has consulted with the State Department of
Health Services regarding the regulation of this discharge.
12. These waste discharge requirements are for an existing facility
and are exempt from provisions of the California Environmental i!
Quality Act (Public Resources Code, Section 21000, et seq.) in II
accordance with Section 15301, Chapter 3, Title 14, of the Cal-
ifornia Regula-6ry Code.
WDR Order No. 88-84 -3-
13. Discharge of waste is a privilege, not a right, and authorizati
to discharge is conditional on
visions of Division 7 of the California hWater�Codeyand ang n more
stringent effluent limitations necessary to implement wateryqual-
ity control plans, 'to protect beneficial uses, and to prevent
nuisance. Compliance with this Order should assure this and mit-
igate any potential adverse changes in water quality due to the
discharge.
14. On April 18, 1988, the Board notified the Discharger and
interested agencies and persons of its intent to update waste dis-
charge requirements for the discharge and has provided them with a
COPY of the proposed order and an opportunity to submit written
views and comments.
15. After considering all comments pertaining to this discharge
during a public hearing on July 8, 1988, this Order was found
consistent with the above findings.
IT IS HEREBY ORDERED, pursuant to authority in Sections 13263 and 13523
of the California Water Code, the City of Atascadero, its agents,
successors, and assigns, may discharge waste and reclaimed water at
its municipal wastewater facilities providing compliance is maintained
with the following:
(Note: other prohibitions and conditions, definitions, and the
method of determining compliance are contained in the attached
"Standard Provisions and Reporting Requirements for Waste
Discharge Requirements" dated January, 1984. Applicable
paragraphs are referenced in paragraph E.3. of this Order.)
A. Prohibitions
1 . Discharge to areas other than the golf course irrigation areas
and wastewaterdisposal ponds shown in Attachment "A", is
prohibited.
/qs�_ e� Effectivl-- 1989, the discharge of sludge and septage.,
V1Q-J- q.f, , j _ c �� not in accordance with an Executive Officer Approved Sludge
o17m and Septage Management Plan, is prohitied.
or T �BMati v
3. Bypass of the treatment facility and discharge of untreated or
PQ"4-0-lpcype-91 partially treated wastes directlyto disposal
course irrigation areas is prohibied. ponds or golf
B. Discharge Spe Afications
1 . Daily flow averaged over each month shall not exceed 1 ,670,000
gallons (6,326 m3) .
• 2. Effluent shall not exceed the following limitations:
WDR Order No. 88-84 -4-
Daily
Parameter Units Maximum
Total Dissolved Solids n-g/1 1,000 {
Sodium mg/1 200
Chloride m3/1 250
Total Nitrogen (as N) mg/1 50
Biochemical Oxygen mg/1 100
Demand, Soluble, 5-Day
3. Effluent shall not have a pH less than 6.5 or greater than
8.4.
4. Surface drainage shall be excluded from disposal ponds.
5. Freeboard shall exceed two feet in disposal ponds.
6. Wastewater shall remain within the disposal ponds during a
100-year rainfall season.
C. Ground Water Limitations
1. The discharge shall not cause nitrate concentrations in the
groundwater downgradient of the disposal area to exceed 8 -
mg/1 (as N) .
2. The discharge shall not cause a significant increase of
mineral constituent concentrations in underlying groundwaters,
as determined by Pa P comparison of samples collected from wells
located upgradient and downgradient of the disposal area.
3. The discharge shall not cause concentrations of chemicals ,and
radionuclides in groundwater to exceed limits set forth in
Title 22, Chapter 15, Articles 4 and 5 of the California
Regulatory Code.
D. Reclamation Specifications
1. Reclaimed water discharged to the golf course irrigation area
shall not contain constituents in excess of the following:
Monthly
Unit of (30-Day)
Constituent Measurement Averaqe Maximum
Biochemical Oxygen mg/1 40 100
Demand, Soluble, 5-Day
Total Sus,.!nded Solids n-g/l 60 100
Settleable Solids ml/1 0.1 0.3
WDR Order No. 88-84 -5-
2. The median number of coliform organisms g sms in reclaimed water
supplied to the golf course shall not exceed 23 per 100
milliliters, as determined fran the bacteriological results of
the last 7 days for which analyses have been completed, and the
number of coliform organisms shall not exceed 240 per 100
millileters in any twn consecutive samples.
3. Reclaimed water shall not have a pH less than 6.5 or greater
than 8.4.
4. Free chlorine residual in reclaimed water supplied to the golf
course shall equal or exceed 1 mg/l, as measured within the
chlorine contact zone.
5. A minimum freeboard of two feet shall be maintained in the
reclamation pond.
6. Use of reclaimed water shall cease and all wastewater shall be
diverted immediately to disposal ponds if:
a. Disinfection of wastewater ceases at any time; or,
b. Reclamation specifications are violated or threaten to be
violated
• - 7. Delivery of reclaimed water to a specific user shall cease
during any period the user cannot comply with its water rec-
lamation requirements. Use of reclaimed water may resume when
the user can once again comply with its water reclamation re-
quirements.
8. Spray irrigation of reclaimed water shall be accomplished at a
time and in a manner that minimizes ponding and the possibility
of public contact with sprayed materials.
9 All reclamation reservoirs and other areas with public access
shall be posted (in English and Spanish) to warn the public
that reclaimed wastewater is being stored or used.
10. Personnel involved in producing, transporting, or using re-
claimed water shall be informed of possible health hazards that
may result from contact and use of reclaimed water.
•
WDR Order No. 88& •
-6-
11. Tank trucks used for trans
priately labeled and shall transporting water shall be appro-
12. Valves in the reclaimed water irrigation system shall be designed
and constructed so unauthorized
persons cannot open them.
13. Proper backflow and cross-connection
services and irrigation wells all provided.
be rotection for domestic water
14. Reclaimed water systems shall be
inspected to assure Properly labeled and regularly
absence of ill Proper operation,
illegal connections. absence of leaks, and
E. Provisions
1. Order No. 75-67, "Waste Dischar e
County Sanitation District,,, q Requirements for Atascadero
the Board on S
1975, and amended on April X11, 1 80, sy hereby r sc nded tember 12,
2. Discharger shall comply with "Monitoring and Re
88-84", as specified by the Executive Officer. porting Program No.
3. Discharger shall comply with all items of the attach
Provisions and Reporting Requirements for Waste Discharge"Re Require-
ments" dated January, 984. g Require
4. In order to assure compliance with the Order,
submit engineering reports addressing the followingDischarger shall
Task
Report Due
a. To assure compliance with Standard
Provision No. A.13.1 i
i. Document compliance with 100-year
flood protection plan, November 15_ or submit • 1988
an implementation schedule for
repairs. The schedule shall be
subject to approval
Officer. of the Executive
ii. Document adequacy of disposal
during 100-year rainfallseasonea November 15, 1988
b. Complete a Sludge and Septage
Management Plan, with January 15, 1989.
schedule. implementation
WDR Order No. 88-84 -7-
5. The City of Atascadero shall prepare a Salt Management Plan,
addressing all practical means of reducing dissolved salts in the
discharge and addressing the impacts of the discharge downstream
beneficial uses. 9his report shall be the basis of establishing
final salts limitations cited in finding No. 4 of this Order. The
assessment shall be prepared as follows:
Item Compliance Date
Commence Salt Management and January 1, 1989 _
Impact Assessment Plan
Progress Report July 1, 1989
Final Report February 1, 1989 19�v
::�'
-Sla-01• t
The Plan is subject to written approval of the Executive Officer.
6. Pursuant to Title 23, Chapter 3, Subchapter 9, of the California
Regulatory Code, the Discharger must submit a written report to the
Executive Officer not later than January 1, 1993, addressing:
a. Wiether there will be changes in the continuity, character,
location, or volume of the discharge; and,
b. Mether, in their opinion, there is any portion of the Order
that is incorrect, obsolete, or otherwise in need of revi-
sion.
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IDA D
MEMORANDUM
To: Honorable Mayor and City Council
Through: William Hanley, Interim City Manager
From: Paul M. Sensibaugh, Director of Public Works/City Engineer
Subject Chandler Ranch Area Proposed Assessment District
Date: July 1, 1988
Recommendation:
Staff recommends that Council proceed with the assessment
district concept for the street improvement project and direct staff
to negotiate with a bond counsel , a bond underwriter and a consulting
engineer and to bring back a Resolution of Intention and a Boundary
Map at the next regular meeting.
Background:
• Please refer to the attached May 17 staff memo for he
Y t background
information on this project .
Discussion:
It has been determined subsequent to the May 24 council meeting
that the only available financing tool and procedural mechanism for
completing such a project is an assessment district which would
utilize the 1913 Improvement Act using 1915 Act Bonds. This is a
complex and lengthly procedure but provides a fair and equitable
method that is subject to a protest procedure for those who may not
.agree with the assessment .
The Chandler Ranch coordinators have chosen to deal with Cuesta
Engineering. Staff has worked with John Fad lkensuon in the past and
will not hesitate to recommend ,his firm for this size of a project .
After contacting a couple of bond counsel and bond underwriters for
advice, staff favors using Orrick, Herrington & Sutcliffe of San
Francisco and Security Pacific of Los Angeles, respectfully. These
firms were utilized for Sewer Assessment District No.4 (Seperado-
Cayucos) and performed remarkehlY well .
i
It is anticipated that four resolutions will bepresentedat the
next- regular meeting and that the process prior to construction will
take about four months The project may be bid with the annual
overlay project to acquire a better bid unit cost for asphalt, but
actual construction will not be realized until next Spring. In the
past -the City has had Fail and Spring overlay projects, but normally
tries to be finished before October.
Fiscal Impact:
All _costs will be shared by the property owners within the
boundary. There will be no construction or other initial costs to the
City. Ongoing maintenance will be the responsibility of the City if
the streets are accepted by seperate resolution into the city
maintained system, which is a premise of the voluntary petition to
form the district .
Z
t
EM
0 MEMORANDUM
To: Honorable Mayor and City Council
Through: William Hanley, Interim City Manager
From: Paul M. Sensibaugh, Director of Public Works/City Engineer
Subject : Chandler Ranch Area Proposed Maintenance District
Date : May 17, 1988
Recommendation:
Staff recommends that Council receive the attached petitions and
direct staff to bring back a Resolution of Intention and a Boundary
Map after the budget hearings are conducted and prior to the August 10
deadline for adjusting the county tax rolls, and to set a date for a
Public Hearing as per the City Policy on "How to Form a Street
Maintenance District" . Staff further recommends that the discussion
on the , financing of such district be held during the upcoming 1988-89
udget hearings .
It is noted here that the above time schedule is optomistic at
best . If the district is formed after the August 10 deadline and the
paving is completed with this summer' s program, the assessments would
have to account for the interest which is incurred until August 10,
1989 .
The petitioneers are requesting a conceptual approval from
Council , but since some of, if not all , the action on this issue will
be after the County certifies the election results, such action would
not obligate the new Council to follow this Council ' s lead.
Background:
Chandler Ranch is one of the three major areas that have
requested an engineering estimate for the implementation of a street
maintenance district since the fall of last year. Many of the streets
in our city, approximately 40%, are classified as non-city-maintained 1
or colony roads which had either not been maintained previously by the
County or have not been brought up to standards since the City
incorporated. There have been several maintenance districts formed in
the past to accomodate the need for improvements on some of these
roads. Normally the road is brought up to a standard that provides
two-way traffic, minimal drainage, and paving that is within a price
that the majority of the lot owners are willing to pay.
oange
dditionally, a $20 fee per lot is collected on the property taxes to
uild a maintenance fund for future repair by the City.
Discussion:
The Chandler Ranch, as well as the Las Encinas I and 3-F Meadows,
area is requesting a project that is beyond the scope of the normal
maintenance district . The request differs in three important ways :
(1) The roads will be brought up to city standard with the
anticipation that the Council will adopt the roads into the maintained
system, (2) the financing needed to pay the contractor is greater than
the typical $30, 000 revolving fund used in the past, and (3) the
ongoing maintenance and liability will be the responsibility of the
City and will affect future budget requirements .
Attached is a copy of the letter sent to the property owner
coordinators last week. Also enclosed is a copy of the policy on
forming a normal maintenance district . No philosophical dissusion is
presented on the role of government in serving the people, but the
item comes up regularly. What doesn' t surface is the money needed to
pay for such services .
Fiscal Impact :
The initial cost of the project must be paid by the owners and
regardless of the financing mechanism there will be no direct costs to
the general public . The financing tool itself is the single most
difficult hurdle to clear. The 1988-89 budget will refer to "special
funding" for large maintenance districts because the sorce of funds at
this time is unknown. There is a question as to whether the City is
permitted to borrow such funds to construct the project . S&H Code
section 5835.5 appears to allow the City to loan money to a
maintenance district but says nothing about borrowing money from an
outside sorce to then loan to the district .
The Gas Tax fund is the only available money that could be
considered for implementing a district, but if that fund is utilized
the normal resurfacing program would have to be cut back or eliminated
until the fund was replenished. There are possibly limitations on the
use of the gas tax money that would prohibit this action, but that
question is beyond the scope of this report . It is questionable if
the area banks would consider a group loan with a property lein for
collateral .
Staff does not have any answers at this time for the up front
money for this project but the most proven alternative would seem to
be an assessment district . Assessment districts have their drawbacks
since bonds must be sold, engineering reports must be filed and a
reserve fund must be provided. Costs are generally higher due to
several reasons and for an individual cost of about $1500 initially
this may not be a desirable method.
The ongoing maintenance costs will be a burden to future budgets
and additional manpower and materials will be needed as the number of
lane-miles increase . Liability claims will bring an unknown cost to
the City.
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I
PT1 i2 ss AGENDA
EITEM N
is
July 12, 1988
To: City Council
Via: Bill Hanley, Interim City Manager
From:-Bob Best, Parks and Recreation Director.
Subject : Use Permits Renewal- Atascadero Lake
BACKGROUND
On June 28, Council discussed two Use Permits at
Atascadero Lake, with consideration for renewal of Pops
Tackle Shop and "Duck Hut" food concession. The decision of
the Council was to disapprove the Pops Tackle one year Use
Permit, and direct Staff to discuss possible options with the
Permittee, Mr. Richard Oswald. To be determined by Staff
included: Would, Mr. Oswald accept a month to month tenancy of
Pops Tackle even though he indicated previously that he would
not; Would he be willing to operate the "Duck Hut" concession
if he does not have Pops Tackle Shop? Is there a possibility
of combining both operations into one business and operating
out of the same building?
FINDINGS
Staff discussed various possibilities with the
Permittee . Of prime interest to Staff was the consideration
by Mr. Oswald to either expand the current "Duck Hut" to
include the Pops Tackle Shop, or build a new structure to
include both operations. Mr. Oswald is currently discussing
this with Staff, and has expressed the interest to
expand/develop
He is also willing to operate one business without the
other in the event Pops Tackle Shop must be closed without a
suitable replacement location. t
RECOMMENDAT I ONS
1 . Approve the renewal of the Use Permit for the food
concession stand ("Duck Hut") under the operation of Mr.
Richard Oswald. The following conditions apply:
a) Business License renewal .
• b) Certificate of Insurance naming the City as
additional insured, with a minimum liability coverage of
$300,000.
2. Authorize staff to negotiate with Mr. Oswald a possible
expansion/development of the current Pops Tackle Shop and
Duck Hut into one operation. A decision regarding
expansion/development will be :made no later than
November 11 , 1988
3. Authorize a delay in giving Mr. Oswald notice to vacate
the Pavilion until a decision can be made regarding
-relocating his business . Decision to be, made no later than
November 11, 1988.
4. Approve a month to month tenancy as proposed for Pops
Tackle Shop to allow them to continue their operation until
negotiations are completed regarding relocating the business .
The following conditions apply:
a) Renewal of City Business License . -
b) Certificate - of Insurance naming the City as
additional insured, with a minimum liability coverage of
$500, 000.
FISCAL IMPACT
Each business operation requires the payment of 8% of
gross earnings be paid to the City on a monthly basis. Any
improvements made to 'the business shall be at the expense of
the permittee.
t
(REVISED - 6/27/88)
USE PERMIT
DUCK HUT
The CITY OF ATASCADERO, a municipal corporation of the State of
California, hereinafter called City, having property or space not presently
required for use for City purposes, hereby gives permission, pursuant to the
Provisions of Government Code Section 25536, to Richard Oswald, hereinafter
called Permittee, to use the following described property or space for such
Purposes and upon such terms and conditions as herein, provided:
Permittee at his own cost, risk and expense, shall maintain a food
concession stand at Atascadero Lake Park. It is further understood
and agreed that in accordance with the terms of said agreement, the
City of Atascadero, acting by and through its Parks and Recreation
Department, will administer this permit for and on behalf of the City.
WITNESSETH:
In consideration of the mutual covenants, conditions, promises and
agreements herein contained, the City and Permittee hereby mutually covenant
and agree as follows:
1 . Grant and Description of Premises : The City, for and in
consideration of the agreements hereinafter stated, grants to Permittee the
non-exclusive right and privilege to maintain and operate a food concession
stand, which concession site will be specified by the Director of Parks and
Recreation for the City of Atascadero.
No concession rights expressed or implied, other than those expressly
given in this permit are granted, and any other concession rights are hereby
denied Permittee under this agreement .
It is understood that the privileges granted herein are non-exclusive
and the City reserves the right to grant other similar or identical
concessions .
{
2. Condition of Premises : The taking of possession of the subject
premises by permittee shall , in itself, constitute acknowledgement that the
premises are in good and tenantable condition. Permittee agrees to accept
said premises in their presently existing condition "as is" ; and the City
shall not be obligated to make any alterations, additions, or betterment
thereto.
3. Term: The term of this permit shall be for a period of one ( 1 ) year
and shall commence on July 1 , 1988 and end on June 30, 1989 both dates
inclusive, unless renewed or extended as herein provided. At the .
expiration or termination of this permit as herein provided, Permittee shall
within thirty days thereafter, remove from said premises or otherwise
dispose of in a manner satisfactory to the City, all personal property
belonging to Permittee located on said premises subject to the provision of
Paragraph 9 of this agreement . Should Permittee fail to remove or dispose
of his property as herein provided, the City may, at its election, consider
such property abandoned or may dispose of same at owner' s expense. Also, at
the expiration or termination of this permit, Permittee shall quit and
surrender the said premises including real property improvements in a good
state of repair, damage by matter over which Permittee has no control ,
flood, earthquake, riot, fair wear or tear expected provided that such
exculpatory provisions shall not extend to any risk which Permittee is
required to insure against as herein provided.
Should the Permittee hold over after the expiration of the term of this
permit with the expressed or implied consent of the City, such holding over
shall be deemed a month to month tenancy at herein stated rent, subject
otherwise to all the terms and conditions of this permit .
Permittee shall maintain such records and accounts as the City Finance
Director shall require . The City may require the Permittee to have his
records and accounts audited by an auditor acceptable to the City, and shall
present said audit to the City Finance Director within thirty (30) days
after the completion of the audit . City may make its own audit of
Permittee's records and accounts at or about said time, if it so desires .
If Permittee has failed to make the required audit, or said audit is shown
by City' s audit to be incorrect then Permittee shall pay the costs of City' s
audit .
Time is of the essences in the tendering of payments under this rental
. agreement . Failure by the Permittee to tender within thirty (30) days of
any payment so due, shall be sufficient cause for the City to terminate this
permit.
4. Quitclaim Deed: Upon termination of the rights hereby granted,
Permittee shall execute and deliver to the City within thirty (30) days
after service of written demand therefore, a good and sufficient quitclaim
deed to the premises described herein, including the improvements thereon.
Should Permittee fail or refuse to deliver to the City a quitclaim deed as
aforesaid, a written notice by the City reciting the failure of Permittee to
execute and deliver said quitclaim deed as herein provided, shall after ten ;
( 10) days from the date of recordation of said notice be conclusive evidence
against permittee and all persons claiming under Permittee of the
termination of said permit .
5. Rental : Permittee shall pay the sum of eight percent (S%) of the
total gross earnings of Permittee in this operation hereunder.
Permittee shall pay the amount which will , if added to all previous
months payments for that year equal the prescribed percentage of all
accumulated gross earnings to the end of such month.
The term "gross earnings" wherever used in this permit shall mean all
monies, property or any other things of value received by Permittee from the
use of the premises described above without any deduction or deductions,
Provided that the term "gross earnings" shall not include any sales or
excise taxes imposed by any governmental entity or collected by Permittee .
Payments to the City shall be made to the order of the City of
Atascadero. Department of Parks and Recreation, P.O. Box 747, Atascadero, CA
93423. All such payments shall be made the tenth (10) of the month
following that in which said earnings were received by Permittee .
Permittee shall keep true and accurate books and records showing all
its business transactions in separate records of account for the concession,
in a manner acceptable to the City, and the City shall have the right
through its representatives, and at all reasonable times, to inspect such
books and records, including State of California sales tax records; and .
Permittee hereby agrees that all such records and instruments are available
to the City. All Federal Tax returns of Permittee insofar as this permit is
concerned shall also be available to the City for reviewing purposes.
Permittee shall not use or permit the subject premises to be used in
whole or part during the term of this permit for any other purposes other
. than as set forth without first obtaining consent of the City. Permittee
expressly agrees at all times during the term of this permit, at its own
cost and expense, to maintain and operate said premises in a clean, safe,
wholesome and sanitary condition, free of trash, garbage or obstruction of
any kind, and in compliance with any and all present and future laws, rules,
regulations of any governmental authority, now or at any time during the
term of this permit in force relating to sanitation or public health, safety
or welfare; and Permittee shall at all times faithfully obey and comply with
all laws, rules and regulations of Federal , State, County or other
governmental bodies or departments or office thereof .
Permittee shall remedy without delay any defective, dangerous or
unsanitary conditions . All services performed by Permittee relating to the
operation and management of the concession are intended as considerations
supporting this permit.
No rights expressed or implied, other than those expressly given in
this permit are granted, and any other rights are hereby denied Permittee
under this agreement . t
6. Termination: This permit may be terminated by the City at any time
and for any reason deemed sufficient by the City Council of said City, by
giving thirty (30) days written notice to Permittee of its intention to do
SO.
7. Title To Improvements : Permittee acknowledges that title to all
real property is vested in the City.
8. Personal Property: Title to all personal property provided by the
Permittee shall remain in the Permittee .
9. Construction or Modification of Improvements: Permittee may
construct or modify with the approval of the Director of Parks and
Recreation any concession improvements. Such construction or modification
shall be without cost to the City.
10. In the event that the construction modifications or addition to
concession improvements are desired, the approval , in writing, of the City
shall first be obtained prior to such construction, modification or
addition. Additionally plans and specifications for such changes shall be
submitted'to the City for approval .
11 . Completion of Improvements : The Permittee at his own expense, shall
completely equip the concession improvements described herein and shall keep
the same equipped in a first class manner and to the satisfaction of the
Director of Parks and Recreation throughout the term of this permit .
12 . Ownership of Improvements : Title to improvements on the premises at
the commencement of this permit is retained by the City and this permit is
subject to any rights or ownership in the improvements . All improvements
constructed on the premises by Permittee as permitted by this permit shall
be owned by Permittee until expiration of the term or sooner termination of
this permit . Permittee shall not, however, remove any improvements from e
premises or waste, destroy or modify any improvements on the premises,
except as permitted by this permit .
All improvements on the premises at the expiration of the termor
sooner termination of this permit shall without compensation to Permittee,
become City property free and clear of all claims to or against them by
Permittee or any third person and Permittee shall defend and indemnify the
City against all liability and loss arising from such claims or from the
City's exercise of rights conferred by paragraph.
ra this h.
g P
13. Maintenance and Use of Improvements : Permittee agrees to maintain any
and all concession facilities on the subject premises in good order and
repair, at his own cost and expense, during the entire term of the permit .
Permittee shall perform at his own cost and expenses, any required
maintenance and repairs, and should Permittee fail , neglect or refuse to do
so, the City shall have the right to perform such maintenance or repairs for
the Permittee ' s account; and the Permittee agrees to promptly reimburse thea
City for the cost thereof, provided however, that the City shall first give
Permittee ten ( 10) days written notice of its intention to perform such
maintenance or repairs for the Permittee ' s account for the purpose of
enabling Permittee to proceed with such maintenance or repairs at his own
expense . Permittee hereby expressly waives the right to make repairs at the
expense of the City.
Permittee may employ, pay and supervise personnel to look after the
concession. Such personnel shall be responsible to Permittee and cooper
with City personnel . All of Permittee ' s personnel shall be of good moral
character and shall be physically able to handle their duties and must be
Promptly replaced when derelict in their duties. There shall be no drinking
of liquor, or other alcoholic beverages in or around the area by Permittee ' s
employees.
14. Utilities and Services : Permittee shall be responsible for the
payment of all applicable utility charges.
15 . Equipment : Permittee, at its own expense, shall completely equip the
concession improvements described herein and shall keep the same equipped in
a first class manner throughout the term of this permit .
16 . Signs and Approval of Name : No signs, names or placards shall be
inscribed, painted or fixed upon said premises without written consent of
the City.
17. Quality of Service and Controlled Rates and Charges : Permittee agrees
that he will operate and manage the service and facilities offered in a
first class manner and comparable to other first class concessions providing
similar facilities and services during the entire term of the permit .
Within the term of this description, Permittee agrees to maintain a high
standard of service at least equal to that of other establishments in the
City and/or adjacent communities for similar operations.
The City shall have access to, and the right to inspect the schedule of
. prices and rates for goods sold, rented or services rendered or performed
upon the subject premises . If the City determines that any price or prices
are unreasonable or inappropriate for the services rendered or items sold,
the same shall be modified as directed by the City; provided that permittee,
prior to such notification, shall be given a reasonable opportunity to
confer with City and justify such prices.
The City reserves the right to prohibit the sale of any item which it
deems objectionable or beyond the scope of merchandise deemed necessary for
Proper service to the public . A competent employee shall be on the premises
at all times which the concession is in operation. Permittee shall post
rates and prices for all rentals and services in such places as may be
designated by the City.
18. Closure : At any time should an occurrence necessitate the closing of
the park to the general public, the Permittee shall have no recourse by law
to the City for losses incurred.
19. Hold Harmless Agreement : Permittee hereby agrees to defend, indemnify:
and save harmless the City, its officers, agents and employees in any and
every way from any and all manner of damages, charges, suits, and expenses
which they may sustain or be put to by reason of Permittee ' s occupancy or
use of the premises, or any activity carried on by Permittee in connection
with.
20 . Liability Insurance : Permittee agrees to obtain and keep in force
during the term of this permit, at Permittee ' s expense, worker' s
compensation and public liability and property damage insurance in companies
authorized to issue such insurance in the State of California. Said
insurance policy shall consist of the following:
a. Worker' s Compensation and Employer's Liability Insurance:
Permittee shall maintain in full force and effect, for the period
covered by this permit, full worker' s compensation and employer' s
liability insurance with limits of at least statutory requirements
with an insurance carrier satisfactory to the City. In the event
Permittee is self—insured, he shall furnish a certificate of per—
mission to self—insure signed by the Department of Industrial
Relations Administration of Self Insurance, Sacramento.
b. —Liability Insurance : Permittee shall maintain in full force and
effect, for the period covered by this permit, bodily injury,
personal injury including death resulting therefrom and property
damage insurance with an insurance carrier satisfactory with the
City. This liability insurance shall include, but shall not be
limited to, protection against claims arising from bodily and
personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence occurring in or
about the premises which are subject to this permit, or resulting
from Permittee 's use of owned or nonowned automobiles . The
amounts of insurance shall not be less than the following:
Single limit coverage apply to bodily and person injury, inclug
ing death resulting therefrom, and property damage or a combin
tion of both -- $300, 000 .
The following endorsements must be attached to the policy:
1 . If the insurance policy covers on an "accident" basis,
it must be changed to read "occurrence" .
2 . The policy must cover personal injury as well as bodily
injury.
3. The policy must cover complete contractual liability.
Exclusions of contractual liability as to bodily injuries,
Personal injuries and property damage must be eliminated
from the basic policy and endorsements .
4. BROAD FORM property damage liability must be afforded.
5 . The City of Atascadero and their officers, employees and
agents, shall be named insured under the policy, and the
policy shall stipulate that this insurance will operate
as a primary insurance and that no other insurance effected
by the City or other named insured will be called upon to
contribute to loss covered thereunder.
C. The followingrequirementsapply to all liability insuran�
to be provided by Permittee :
1 . A certified copy of each policy and a certificate of
insurance shall be furnished to Parks and Recreation within
twenty (20) days after execution of this permit. (A
certificate alone is not acceptable). Certificates and
policies shall state that the City is not liable for the
payment of any premiums or assessments on this property.
2. Certificates and policies shall state that the policy shall
not be cancelled or reduced in coverage without thirty (30)
days written notice to City. Ten ( 10) days written notice is
not acceptable, except in connection with worker's compensa—
tion insurance .
3. Insurance required shall be placed in a company or companies
acceptable to City and shall have a policy holder' s surplus
of at least ( 10) times the amount of limit of liability
afforded by the insurance company.
4. Approval of the insurance by the City shall not relieve or
decrease the extent to which the Permittee or any sublessee
may be held responsible for payment of damages resulting from
its operation.
5. No policy is acceptable if it contains an exclusion relating
to occurrences in any manner arising out of the use of
alcoholic beverages . Providing, however, that said policy
will be acceptable if it contains a specific endorsement
Providing coverage under the limits and provisions set forth
hereinabove, for any occurrence arising out of the use of
alcoholic beverages .
d. If Permittee does not keep the insurance required by this
paragraph in full force and effect at all times during the
term hereof, this permit shall immediately and automatically
terminate, and all rights and privileges granted hereunder to
the Permittee shall be extinguished thereby. It is expressly
understood that no notice by the City is required to effect
the termination specified herein.
21 . Taxes: Permittee agrees to pay all lawful taxes, assessments or
charges which at any time may be levied by the State, County, City or any
tax assessment or assessment governing body upon any interest in this permit;
or any possessory right which Permittee may have in or to the premises
covered hereby or the improvements thereon by reason of its use or occupancy
thereof or otherwise as well as all taxes, assessments and charges on goods,
merchandise, pictures, appliances, equipment and property owned by it in or
about said premises .
22. Inspection of Premises: Permittee agrees that the City acting
through its authorized agents and employees, shall have the right to enter
upon the premises at any reasonable time to inspect them.
23. Inspection and Maintenance : The City reserves the right of ingress
and agrees to inspect, investigate and survey said premises as deemed
necessary by the City, and the right to do any and all work of any nature
for the preservation of maintenance and operation of the park in any areas
within the confines of said park. Permittee shall be given reasonable
notice when such work may become necessary and will adjust his operation in
such a manner that the City may proceed expeditiously.
24. Permit Notice : Any notices herein provided to be given or which may
be given by either party to the other, shall be deemed to have been fully
given when made in writing and deposited in the United States Mail , postage
prepaid and addressed as follows :
To the Permittee : Richard Oswald
Box 935, Atascadero, CA 93423
To the City: City of Atascadero
P.O. Box 747, Atascadero, Ca. 93423
Attn: Parks and Recreation
The address to which the notices shall or may be mailed as aforesaid by
either party shall or may be changed by written notice given by such party
to the other as therein before provided, but nothing herein contained shall
preclude the giving of such notice by personal service.
25 . Waiver of Permit Terms : No waiver by City at any time of the tern
conditions, or covenants of this permit shall be deemed as a waiver at any
time thereafter of the same or of any other term, condition or covenant
herein contained, not of the strict and prompt performance thereof . No
delay, failure or omission of the City to re—enter the premises or to
exercise any right, power, privilege or option can be construed as a waiver
. of such default or a relinquishment of any right or any acquiescence
therein. No notice to the Permittee shall be required to restore or revive
time as of the essence after the waiver by the City of any default . No
option, right, power, remedy or privilege of the City shall be construed as
being exhausted by the exercise thereof in one or more instances . The
rights, powers, options, and remedies given to the City by this permit shall
be deemed cumulative .
26 . Modification of Permit : Not withstanding any of the provisions of
this permit, the parties may hereafter, by mutual consent, agree to
modifications thereof or additions thereto in writing which are not i
forbidden by law. The City shall have the right to grant extensions of time
to permittee for any purpose for the performance of any obligatio of
Permittee hereunder.
27. Assignment and Subleases : Permittee shall neither assign, sublease
or otherwise convey any interest of any sort grant by this permit to any
person or person, entity or entities whatsoever without prior written
consent and approval by the City. - Any document by which an interest is
granted, subject to the approval of the City, shall indicate that the Pe6n '
acquiring that interest has been advised of all of the terms of this permit
and takes his interest subject to those terms and conditions, and recognizes
that upon termination of this permit, the City at its sole option, may elect
to treat any assignee, subtenant, or holder of any interest conveyed by
Permittee as the City's tenant, subject to the terms and conditions of this
permit and that entered into between the assignees, subtenant or holder of
an interest conveyed by Permittee .
28. Breach of Permit : This permit is made upon the condition that, if
the rents or other sums which Permittee herein agrees to pay or any part
thereof shall be unpaid on the day of which the same shall come due, or if
default be made in any of the terms, agreements, conditions or covenants
herein contained on the part of the Permittee, or should Permittee become
insolvent, or bankrupt, either voluntarily or involuntarily, then, and in
such event at the option of the City, this permit shall cease and terminate;
and the City may enter upon the premises . Permittee ' s interest hereunder
shall not be assignable in bankruptcy.
29 . Waiver of Claims : Permittee hereby waives any claims against the City,
its officers, agents, or employees for damage or loss caused by any suit or
Proceeding directly or indirectly attacking the validity of his permit, or
any part thereof or by any judgment or award in any suit or proceeding
declaring this permit null , void or voidable, or delaying the same or any
Part thereof from being carried out .
30. Actions : In the event of any action or suit upon this permit, the
City shall be entitled reasonable attorney' s fees and all costs,
disbursements and expenses including administrative expenses .
31 . Right of Entry As Agent : In any case in which provision is made
herein for the termination of this permit by the City in case of abandonment
or vacating of the premises by Permittee, the City in lieu of declaring a
forfeiture may enter upon the premises . To such end, Permittee hereby
irrevocably appoints the City its agent to remove any and all persons or
property on said premises and place any such property in storage for the
account of and at the expense of Permittee . In such case, the City may re—
let the premises upon such terms as it may deem proper, and if a sufficient
sum shall not be realized thereby, after paying expenses of such re—letting,
to satisfy the rent and other sums herein agreed to be paid by Permittee,
Permittee agrees to save the City harmless from any loss or damage or claim
arising out of the action of the City in pursuance of this paragraph.
32 . Duration of Public Facilities : By entering into this permit , the i
City makes no stipulations to type, fixed location or duration of public
facilities to be maintained at Atascadero. Lake Park.
33. Time of Essence : Time shall be of essence in the performance of this
permit .
34. Eminent Domain: If, during the term of this permit, any property
described herein or hereafter added hereto is taken in eminent domain, the
entire award shall be paid to the City.
35 . Photography: The City may grant permits to persons or corporations
engaged in the production of still and motion picture and related
activities, for the use of said premises for such purposes when such
Permission shall not interfere with the primary business of Permittee .
• •
36 . Hazardous Substances: No goods, merchandise or material shall be
kept, stored or sold in or on said premises which are in any way explosive
or hazardous; and no offensive of dangerous trade, business or occupation
shall be carried on therein or thereon, and nothing shall be done on said
premises, other than is authorized by this permit and no machinery or
apparatus shall be used or operated on said premises which will in any way
injure said premises or structures; provided that nothing contained in this
paragraph shall preclude Permittee from bringing, keeping or using on or
about said premises such materials, supplies, equipment and machinery as are
appropriate or customary in carrying on its said business . Gasoline and
oils shall be stored, handled and dispensed as required by present, or
future regulations and laws .
37. Nondiscrimination: Permittee and his employees shall not
discriminate because of race, sex, religion, color, material status,
ancestry or national origin against any person by refusing to furnish such
Person accommodation, facility, or his employees publicize the
accommodations, facilities, services or privileges in any manner that would
directly or inferentially reflect upon or question the acceptability of the
patronage of any person because of race, age, sex, religion, color, marital
status, ancestry or national origin. 0
In the performance of this permit, Permittee will not discriminate .
against any employee or applicant for employment because of race, sex, age,
color, marital status, religion, ancestry or national origin.
38. Paragraph Titles : The paragraph titles in this permit are inserted
only as a matter of convenience and for reference, and in no way define,
limit or describe the scope or intent of this permit or in any way affect
this permit .
39. Permit in Counterparts : This permit is executed in counterparts,
each of which shall be deemed an original .
40. Permit Documents : The complete permit between the parties hereto
shall consist of the identified documents :
This permit titled "City of Atascadero Use Permit" .
1
41 . Remedies Not Exclusive : The use by either party of any remedy
specified herein for the enforcement of this permit is not exclusive and
shall not deprive the party using such remedy of or limit the application
of, any other remedy provided by law.
42. Independent Contractor: Permittee enters into this permit solely and
exclusively as an independent contractor and only in that capacity and not
as a partner, employee or other agent of the City. Further, Permittee
acknowledges that this agreement issues and is effective only upon execu0n
by the City Council .
43. Advertising: Permittee shall not advertise or permit any publicity
designed to attract the general public to an activity conducted by Permittee
within the confines of said park without the knowledge and permission of the
Director of Parks and Recreation.
IN WITNESS WHEREOF, the parties hereto have caused these present to be
executed the day and year first above written.
CITY COUNCIL ADOPTION DATE:
ATTEST: CITY OF ATASCADERO, CALIFORNIA
BOYD SHARITZ, CITY CLERK BARBARA NORRIS, MAYOR
APPROVED AS TO CONTENT:
i
BILL HANLEY, INTERIM CITY MANAGER
APPROVED AS TO FORM: PREPARED BY:
J F YRG S CITY ATTORNEY BOB BEST, PARKS AND RECREATION
DIRECTOR
t
Duck Hut Use Permit :
Permittee accepts the foregoing use permit subject to all of the terms and
conditions contained herein. Permittee acknowledges that the permit will
not become operative until compliance is made with Paragraph 20 relating to
insurance.
Perm tt a Signature:
RICHAR 0 LD, PERMITTEE
i
i
June 17, 1988
To: Bill Hanley, Interim City Manager
From: Bob Best, Parks and Recreation Directorlg)
Subject : Payment Record for Pops Tackle and Duck Hut
Per your request, I am submitting information regarding
the payment record for Pops Tackle Shop and Duck Hut .
Included below is the date paid, number of work days after
Payment due date (10th of the following month) , and amount
Paid. Prior to July 1 , 1987, the Duck Hut Concession was on a
$200 per year or 5% of gross, whichever was greater. They
were on a different payment schedule than Pops Tackle.
Effective July 1 , 1987, they were converted to the same
schedule as Pops- 8% of monthly gross, with payment due by
the 10th of the following month.
Date Paid Days Late POPS Duck Hut
7/10/86 0 $296 . 88 N/A
8/15/86 5 356 .84 N/A
9/10/86 0 ' 289 .54 N/A
10/14/86 2 126 .46 N/A
11/14/86 4 98. 25 N/A
11/24/86 — — $250
12/16/86 4 113 .43 N/A
1/13/87 2 61 . 07 N/A
2/12/87 2 117.92 N/A
3/12/87 2 135 .56 N/A
4/15/87 3 171 .18 N/A
5/15/87 5 328 . 28 N/A
6/17/87 5 321 .07 N/A
Average Days Total : $2416 .48 $250
Late : 2 .8
t
7/13/87 1 $366. 55 --
8/14/87 4 454. 11 --
9/18/87 5 284.46 315 . 54
(7/1/86-9/10/87)
10/20/87 9 147.47 --
11/87-2/88 Closed
4/25/88 11 - 307. 00 80 . 00
While Mr. Oswald has not consistently paid on the 10th
of every month, his record of averaging 2 .8 days late on
.payment is acceptable in my opinion. This does not reflect
that Pops Tackle is consistently very late on payments.
Except for during November 1987—February 1988, they have
always paid their rent . The business does not yield large
revenues to the City, and is more service oriented than
profit making.
If you have any other questions please let me know.
&EETIN �� AGENDA
DATE ITEM Y
June 28, 1988
To: City Council
Via: Bill Hanle Interim
Y. City Manager
From:—Bob Best, Parks and Recreation Directorl&—
Subject : Use Permit Renewal—Atascadero Lake Food Concession
BACKGROUND
The City currently has two concessions at Atascadero Lake
operator by an independent contractor. One of these
concessions is the food concession stand ( "Duck Hut") . The
operator, Mr. Richard Oswald, has provided an excellent
service at no cost to the City.
RECOMMENDATION
Approve the renewal of the Use Permit for the food concession
stand ( "Duck Hut") under the operation of Mr. Richard Oswald.
The following conditions apply:
1 . Business License renewal .
2. Certificate of Insurance naming the City as additional
insured, with a minimum liability coverage of $300, 000.
3. Proof of Workers Compensation Insurance.
FISCAL IMPACT
The lease requires the payment of 8% of gross earnings be
Paid to the City on a monthly basis .
&AGENDAITEMS
June 28, 1988
To: City Council
Via: Bill Hanley, Interim City Manager
From:-Bob Best, Parks and Recreation Director
-4
Subject: Use Permit-Pops Tackle Shop
BACKGROUND
The City currently has two Use Permits at Atascadero
Lake under the operation of Mr. Richard Oswald. One of these
permits is the Pop ' s Tackle Shop permit, a boat rental and
tackle business . The current Use Permit expires on June 30,
1988.
With a decision on the future of the Lake Pavilion
expected in the near future, the approval of a one year lease
may not be in the best interests of the City. As Council is
aware, the Lake Pavilion is closed for general public use,
although Pops Tackle is still operating their business in a
Portion of the building.
The current permit allows for the holding over by the
Permittee with the expressed or implied consent of the City,
with such holding over to be deemed a month to month tenancy
with rental payments continuing as stipulated in the Use
Permit .
RECOMMENDATION
Authorize the continuation on a Month-to-Month Tenancy
of Pop ' s Tackle Shop under all terms and conditions of the
current Use Permit . The following conditions apply:
1 . Business License Renewal .
2 . Certificate of Insurance naming the City as additional
insured, with a minimum liability coverage of $500, 000 .
3. Proof of Workers Compensation Insurance.
ALTERNATIVES
1 . Renew the Use Permit for the full one year term with Pops
Tackle Shop .
2. Council could choose to not renew the use permit and close
the Pavilion for all public uses.
FISCAL IMPACT
The current lease requires the payment of 8% of gross
earnings be paid to the City on a monthly basis .
June 7, 1988
To: City of Atascadero
From: Richard Oswald
Pops Tackle Shop
Subject : Month to Month Tenancy
I accept the terms and conditions of the current useP ermit,
with the stated understanding that the Pops Tackle Shop
operation will continue on a month to month tenancy. I
realize this is due to the uncertainty of the future of the
Lake Pavilion.
As the concessionaire, I acknowledge that the Lake Pavilion
may be demolished/closed for all public uses . In the event
this occurs, I will be provided 30 days notice to close the
business. All terms and conditions of the use permit will
still apply, including 1) renewal of business license,
2) Certificate of Insurance naming City of Atascadero as
additional insured, with a minimum liability coverage of
$500, 000.
I accept the above stated terms of continuing the Pops Tackle
Shop iness.
Permi ee Signature
Richard6wald
Pops Tackle Shop
P.O. Box 935
Atascadero, Calif. 93423
1
MEETI + AGENDA _
D3ATI~ REM#
• M E M O R A N D U M
TO: City Council Members July 12 , 1988
FROM: William Hanley
Interim City Manager
SUBJECT: ORDINANCE 174 '- CITY BUSINESS LICENSE PROCEDURES
--BACKGROUND:
At the City Council regular meeting of June 28, 1988, Council
voted to approve Ordinance 174 , amending chapter 5 of Title3 of
the Atascadero Municipal Code related to Business Licenses and
centralizing the administration in the City Finance Department.
RECOMMENDATION:
Approve Ordinance Number 174 second and final reading, by:
1 . Reading by title only.
• 2 . Approving Ordinance 174, second reading
_*r
.tI
ORDINANCE NO. 174
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING CHAPTER 5 OF TITLE 3
OF THE ATASCADERO MUNICIPAL CODE RELATING
TO BUSINESS LICENSES AND CENTRALIZING
ADMINISTRATION IN THE CITY: FINANCE
DEPARTMENT
WHEREAS, it has been determined by the City Council of
the City of Atascadero that Chapter" 5 of Title 3 of the
Atascadero Municipal Code relating to business licenses is in
need of revision in order to centralize the administration of
the business licensing operation and to allow for follow up on
delinquent business licenses; and
WHEREAS, it has been determined by the City Council of
the City of Atascadero that the appropriate City department to
carry out. the administration and enforcement of business
licenses is the Finance Department of the City of Atascadero;
NOW, THEREFORE, the Council of the City of Atascadero
doesordainas follows:
Section 1. Section 107 of Chapter 5 of Title 3 of the
Atascadero Municipal Code is hereby amended as follows:
Section 3-5.107 Issuing agencies. All new
business licenses shall be processed and issued
unless otherwise indicated in this title, by the
Finance Department of the City of Atascadero, and
all references in this title to the City licensing
authority or issuing agency shall be to it. Annual
business license renewals shall be processed by the
Finance Department.
Section 2 Section 110 of Chapter 5 of Title 3 of the
Atascadero Municipal Code is hereby amended as follows:
Section 3-5. 110. Zoning clearance. The
issuing agency shall not issue any license to carry
on any business at a specific location in this City
where such business is inconsistent with the Zoning
Ordinance of this City. The Community Development
Department shall review all applications to verify
compliance with this title as well as the provisions
of_Title 9 of this code.
ORDINANCE NO. 174
Page 2
Section 3. Section 204 of Chapter 5 of Title 3 of the
Atascadero Municipal Code is hereby amended as follows:
Section 3-5.204. Business License Adminis-
trator. "Business License Administrator" means the
manager of the City of Atascadero, or the manager's
official designee.
Section 4. Section 309 of Chapter 5 of Title 3 of the
Atascadero Municipal Code is hereby amended as follows:
Section 3-5.309. Renewal of license. Except
as otherwise provided in this chapter, every
licensee who has obtained a license pursuant to the
provisions of this title may obtain from the issuing
agency a renewal of such license. The Council,
Business License Administrator, Health Department,
Police Department, Community Development Department,
or the Finance Department may file a written notice
of the denial of renewal of such license. If a
Health Department permit is required for the enter-
prise, said permit must be completed and submitted
prior to or at the time of license renewal. Renewal
of a license for a solicitor shall not be issued
until the Police Department approves said renewal.
Section 5. Publication. The City Clerk shall cause this
ordinance to be published once within fifteen (15) days after
its passage in the Atascadero News, a newspaper of general
circulation, printed, published and circulated in this City in
accordance with Government Code Section 36933 ; shall certify
the adoption of this ordinance; and shall cause this ordinance
and certification to be entered in the Book of Ordinances of
this City.
Section 6. Effective Date. This ordinance shall go into
effect and be in full force and effect at 12 : 01 a.m. on the
thirty-first (31st) day after its passage.
On motion by Council Member and
seconded by Council Member the foregoing
ordinance is hereby adopted in its entirety by the following
roll call vote:
ORDINANCE NO. 174
Page 3
AYES:
NOES:
ABSENT:
DATE ADOPTED:
CITY OF ATASCADERO, CALIFORNIA
By
Mayor
ATTEST:
BOYD C. SHARITZ, City Clerk
APPROVED AS TO FORM:
tFvif R SEN, City AttorneyA AS TO CONTENT:
illiam Hanley, ity Manager
t
JGJ: fr
C:ORATA174
M E M O R A N D U M
To : Bill Hanley
From: John M. Brambl �
Steve DeCamp440
Date: May 25, 1988
Subject : City' s Business License Ordinance
Over the past several months, it has become quite obvious that
the City' s Business License Ordinance is in need of revision in
order to centralize the administration of the licensing operation
and to allow for follow-up on delinquent licenses by the Finance
Department rather than Community Development .
The revisions needed to achieve the goal of a centralized
administration of the Ordinance are as follows: (Underlining
denotes amendments. )
1 . Section 3-5.204. Business License Administrator . "Business
License Administrator" means the manager of the City of
Atascadero or his official designee . "
The rationale is that in the event a license has been
denied , a person may be able to resolve the problem at the
administrative level rather than being forced to appeal
publicly before the City Council .
2. Section 3-5. 107. Issuing agencies. "All new business
licenses shall be processed and issued , unless otherwise
indicated in this title, by the Finance Department of the
City of Atascadero , .
By the fact that the Business License Ordinance is a revenue
producing ordinance, the administration logically belongs in
Finance.
3. Section 3-5. 110. Zoning Clearance. (Second sentence) "The
Community Development Department shall review all
applications to verify compliance with this title as well as
the provisions of Title 9 of this code.
4. Section 3-5.309. Renewal of license. (Second sentence)
"The Council , Business License Administrator , Health
Department , Police Department , Community Development
Department or the Finance Department_ may file a written
notice of the denial of renewal of such license. "
It is our recommendation that these four sections of the
Municipal Code be amended as soon as feasible to allow for a one-
stop location- for the processing and payment of business license
fees.
cc : H. Engen
J. Jorgensen
F
0
M E M O R A N D U M
TO: City Council July 12, 1988
VIA: William Hanley, Interim City Manager
FROM: Henry Engen, Community Development Director
SUBJECT: Zone Change 9-88 (City of Atascadero) Rezoning
Certain Property at '9800 El Camino Real from CT
(Commercial Tourist) to P (Public) Ordinance No. 176,
Second Reading
BACKGROUND:
At their regular meeting of June 28, 1988, Council voted to
approve Ordinance No. 176 changing the zoning designation at 9800
El Camino Real to coincide with that portion of the site
developed for the new U.S. Post Office, and to deny the request
by Central Coast Capital Corporation to include a change in
zoning to CR (Commercial Retail)
•
RECOMMENDATION:
Approve Ordinance No. 176 , second reading, by:
(1) Reading by title only.
(2 ) Approving Ordinance No. 176
HE:ph
Attachment: Ordinance No. 176
•
ORDINANCE NO. 176
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING
SECTION MAP NUMBER 19 OF THE OFFICIAL ZONING MAPS OF THE CITY OF
ATASCADERO BY REZONING CERTAIN PROPERTY AT 9800 EL CAMINO REAL
FROM CT (COMMERCIAL TOURIST) TO P (PUBLIC)
(ZONE CHANGE 9-88 - CITY OF ATASCADERO)
WHEREAS, The proposed zoning map amendment is consistent
with the General Plan as required by Section 65860 of the
California Government Code; and
WHEREAS, The proposedamendment 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 June 7, 1988,
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
_1. The proposal is compatible with the surrounding land
use and zoning.
- 2. The proposal ' is consistent with the General Plan
landuseelement and other elements contained in the
General Plan, and specifically, policies pertaining to
Public Uses as expressed in the General Plan land use
element.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
Section 2. Zoning Map.
Map number 19 of the Official Zoning Maps of the City ,of
Atascadero on file in the City Community Development Department
is hereby amended to reclassify portions of Lots 1 & 2 of Block
10 and portions of Lots 2, 3, and 4 of Block 11 of the Atascadero
Colony as show on the attached Exhibit "A" which is hereby made a
part of this ordinance by reference.
Section 3. Publication.
• •
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:
NOES:
• ABSENT:
DATE ADOPTED:
By:
BONITA BORGESON, Mayor
City of Atascadero, California
ATTEST:
BOYP C. SHARITZ, City Clerk
WILLIAM HANLEY, nterim City Manager
. APPROVED AS T FORM:
G EN, City 'Attorney
BY:
HENRY EN N,
Communit Develol0ent Director
Y
,{ `\ EXHIBIT A ORDINANQQ176
CITY OF ATASCADERO Zone Change 9-88
l ; :•,, ,„„� 9500 E1 Camino Real
arasG+nF COMMUNITY DEVELOPMENT ET- to P
DEPARTMENT
R F.•Z
MF-4 6)
•.. � Ec•COa /
'R F-' o Zone Change 9-88
- CT (Commercial Tourist) to
P (Public) I
0'-is a
N �yE C T < CR
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0
AGENDA _
DAT as ,?EM, ..
M E M O R A N D U M
TO: City Council July 12, 1988
VIA: William Hanley, Interim City Manager
FROM: Henry Engen, Community Development Director ,
SUBJECT: Zone Change 11-88 (Kankiewicz/Harcourt) To Rezone
Certain Property at 11455 Viejo Camino from RS(FH)
(Residential Suburban Flood Hazard Overly) to RMF/14
(FH) (Residential Multiple Family Flood Hazard overlay)
Ordinance No. 177 - Second Reading
BACKGROUND:
At their regular meeting of June 28, 1988, Council approved the
above-referenced zone change on Ordinance No. 177 , first reading.
• RECOMMENDATION:
Approve Ordinance No. 177 , second reading, by:
( 1) Reading by title only.
(2) Approving Ordinance No. 177 .
HE:ph
Attachment: Ordinance No. 177
ORDINANCE NO. 177
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING •
SECTION MAP NUMBER 23 OF THE OFFICIAL ZONING MAPS OF THE CITY OF
ATASCADERO BY REZONINGCERTAIN PROPERTY AT 11455 VIEJO CAMINO
FROM RS (FH) (RESIDENTIAL SUBURBAN FLOOD HAZARD OVERLAY) TO
RMF/10 (FH) (RESIDENTIAL MULTIPLE FAMILY FLOOD HAZARD OVERLAY)
(ZONE CHANGE 11-88— KANKIEWICZ)
WHEREAS, The proposed zoning map amendment is consistent
with the General Plan as required by Section 65860 of the
California Government Code; and
WHEREAS, The proposed amendment is in conformance with
Section 65800 et. seq. of the California Government Code
concerning zoning 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 June 7, 1988 and has recommended approval of Zone
Change 11-88
NOW, THEREFORE, the Council of the City of Atascadero does •
ordain as follows:
Section 1. Council Findings.
1. The proposal is compatible with the surrounding land
use and zoning.
2. The proposal is consistent with the General Plan
land use element and other elements contained in the
General Plan, and specifically, policies pertaining, to
Multi Family Residential as expressed in the General
Plan Sand use element.
3 The proposal will not, result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
Section 2. Zoning Map.
Map number 23 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department
is hereby amended to reclassify portions of Lots12 & 13 of Block
67 of the Atascadero Colony as show on the attached Exhibit "A"
which is hereby made a part of this ordinance by reference. ,
. * 0
• 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:
NOES:
ABSENT:
DATE ADOPTED:
By:_
BONITA BORGESON, Mayor
City of Atascadero, California
ATTEST:
BOY C. SHARITZ, City Clerk
WILLIAM HANLEY, terim City Manager
APPROVED AS TO ORM:
t
tFY RGE EN City Attorney
BY
d Ar
o MAP
HENRY ENGENJ
Community D t
velopme irector
_ EXHIBIT A - ORDINANCE 177 '
Zone Change 11-88
CITY OF ATASCADERO 11455 Viejo Camino
RS (FH) to RMF/10 (FH)
COMMUNITY DEVELOPMENT •
DEPARTMENT
If
Ifi
SITE: 11455 Viejo Camino
Zone Change 11-88
RS (FH) to RMF/10 (FH)
Kankiewicz
ti"
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