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HomeMy WebLinkAboutAgenda Packet 03/14/1989 BOYD C. SHARITZ CITY CLERK A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM MARCH 14, 1989 7.00 P.M. RULES OF PUBLIC PARTICIPATION: Members of the audience may speak on any item on the agenda. * A person may speak for five (5) minutes . * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question any speaker; the speaker may respond, but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to Order,/ Pledge of Allegiance Roll Call ✓ City Council Comment ** Proclamations: - "Camp Fire Birthday Week" , March 12-19, 1989 - "National Nutrition Month" , March 1989 ✓~ - "Arbor Day" , March 29, 1989 Ne7 f,,,LL5�,v 1 ** Certificate of Appreciation to Jim Patterson for Oak Tree Donation COMMITTEE REPORTS: (The following represents ad hoc or standing committees. Infor- mative status reports will be given, as felt necessary. ) 1 . City/School Committee ! )�- 7 . Finance Committee/V)f- 2 . North Coastal TransitP.�- (Police Fac. , Lake 3 . S.L.O. Area Coordinating Acquis . & Pavilion) Council Y)�- 8 . Business Improvement vl1 - 4 . Traffic Committee N)f` Association 5 . Solid/Hazardous Waste Mgmt. 9. Downtown Steering Committee N)t, caa„,r f,,sflx-4' Committee f 6 . Economic Opportunity CommissionyIN A COMMUNITY FORUM:/-/ 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 authorizes an extension. ' All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any Council Member or staff. * Any person desiring to submit written statements to the Council may do so by forwarding nine (9) copies to the City Clerk by 5 :00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: 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. FEBRUARY 28, 1989 CITY COUNCIL MINUTES 2. CITY TREASURER'S REPORT - FEBRUARY 1989 3 FINANCE DIRECTOR'S REPORT FEBRUARY 1989 r : 4. RESOLUTION NO. 17-89 IN APPRECIATION TO JOEL MOSES IN *; 5. PROPOSED TREE TRIMMERS JAMBOREE - ATASCADERO LAKE PARK, JUNE `` 17, 1989 6. ATASCADERO LAKE PAVILION - REQUEST FOR ARCHITECTURAL PROPOS- ALS 7. COUNTY DEPARTMENT OF ANIMAL REGULATION - REQUEST DONATION TO SUPPORT ANNUAL POSTER/ESSAY CONTEST 8. ACTION FOR ANIMAL RIGHTS (AFAR) - REQUEST FOR INSURANCE WAIVER 9. RESOLUTION NO. 19-89 - AUTHORIZING ADDITIONAL FUNDING FOR AFAR PROGRAM 2 A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM MARCH 14, 1989 7 .00 P.M. RULES 0 STEVE BUILDING * Me DOUG ENGINEERING agenda. * A CINDY PLANNING COMMISSION * No hing to sp GEORGIA PAT/TI * No PAUL S . RAY W. may * Co y not re in * Th ion and op Call to Pledge Roll Ca�j.- City Council Comment ** Proclamations: - "Camp Fire Birthday Week", March 12-19, 1989 - "National Nutrition Month" , March 1989 - "Arbor Day" , March 29, 1989 ** Certificate of Appreciation to Jim Patterson for Oak Tree Donation COMMITTEE REPORTS: (The following represents ad hoc or standing committees . infor- mative status reports will be given, as felt necessary. ) 1. City/School Committee 7. Finance Committee 2. North Coastal Transit (Police Fac. , Lake 3 . S.L.O. Area Coordinating Acquis. & Pavilion) Council 8, Business Improvement 4. Traffic Committee Association 5 . Solid/Hazardous Waste Mgmt. 9. Downtown Steering Committee Committee 6. Economic Opportunity Commission COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Public Comment Period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the effectiveness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any Council Member or staff. * Any person desiring to submit written statements to the Council may do so by forwarding nine (9) copies to the City Clerk by 5 :00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: 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. FEBRUARY 28, 1989 CITY COUNCIL MINUTES 2. CITY TREASURER'S REPORT - FEBRUARY 1989 3. FINANCE DIRECTOR'S REPORT FEBRUARY 1989 4. RESOLUTION NO. 17-89 - IN APPRECIATION TO JOEL MOSES PROPOSED TREE TRIMMERS JAMBOREE - ATASCADERO LAKE PARR, JUNE 17, 1989 -(^Ufo FOLD I.L.I 0) 6. ATASCADERO LAZE PAVILION - REQUEST FOR ARCHITECTURAL PROPOS- ALS 7. COUNTY DEPARTMENT OF ANIMAL REGULATION - REQUEST DONATION TO SUPPORT ANNUAL POSTER/ESSAY CONTEST 8. ACTION FOR ANIMAL RIGHTS (AFAR) REQUEST FOR INSURANCE WAIVER 9. RESOLUTION NO. 19-89 - AUTHORIZING ADDITIONAL FUNDING FOR AFAR PROGRAM 2 1 B. HEARINGS/APPEARANCES: APO/ 1. APPEAL BY MYRON NALEPA, ET AL, OF PLANNING COMMISSION AP- PROVAL OF CONDITIONAL USE PERMIT 15-88 (Montessori School- 0 O 44l 3025 Monterey Road -F 2 e.e..rA�y3 ate$ : SJ/3rrrr.�"-�6G�f0 Ni�6= � C��O L 101x++✓,�L'Giji0.,�0�?Li 2. APPEAL BY GARY SWAUGER OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 17-88 (Self-serve car wash - 4805 E1 Camino Real) C74 3. REQUEST FOR RELEASE FROM SEWER REIMBURSEMENT AGREEMENT (Day) f CZ41LO�) Q� 4. TREE REMOVAL REQUEST - 10560 SAN MARCOS RD. (High/Wells/ Cuesta Engineering) Ci rT$a ,0(rV6 : w'a SVRXCrr iroT)CtE pofT�ED S. RESOLUTION NO. 18-89 - VACATING A PORTION OF SA14 ANDRES AVE. RIGHT-OF-WAY AT 7005 ATASCADERO AVE. (Better Homes & Gar- dens) (Cont'd from 2/28/89) 5�0 BREAK *** C. UNFINISHED BUSINESS: Q y 1. ORDINANCE NO. 191 - REPEALING ORDINANCE NO. 'S 111, 118 & 119 (Development fee ordinances) (2ND READING: Recommend motion for adoption of Ord. No. 191 �' - Roll call) (Cont'd from 2/28/89) D. NEW BUSINESS: 9L13T _ SET JOINT COUNCIL/PLANNING COMMISSION/PARKS & RECREATION -rjjv4; Le COMMISSION MEETING DATE RE: GENERAL PLAN (Verbal) -7:0o)Ay; E. INDIVIDUAL DETERMINATION/AND OR ACTION: 1. City Councils a. Mayors/Managers Meeting, re: 1/2 cent sales tax (Mayor Borgeson) b. Arbor Day tree planting (Councilwoman Mackey) 2. City Attorney 3 . City Clerk Q -r-TWB6- r M" Lra(, eA1, d� 4. City Treasurerepqr���_�e,�1, 5 . City Manager 3 B. HEARINGS/APPEARANCES: �/11. APPEAL BY MYRON NALEPA, ET AL, OF PLANNING COMMISSION AP- PROVAL OF CONDITIONAL USE PERMIT 15-88 (Montessori School- 3025 Monterey Road) 2. APPEAL BY GARY SWAUGER OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 17-88 (Self-serve car wash 4805 E1 Camino Real) 3. REQUEST FOR RELEASE FROM SEWER REIMBURSEMENT AGREEMENT (Day) 4. TREE REMOVAL REQUEST 10560 SAN MARCOS RD. (High/Wells/ Cuesta Engineering) 5. RESOLUTION NO. 18-89 - VACATING A PORTION OF SAN ANDRES AVE. RIGHT-OF-WAY AT 7005 ATASCADERO AVE. (Better Homes & Gar- dens) (Cont'd from 2/28/89) �r BREAK r C. UNFINISHED BUSINESS: 1. ORDINANCE NO. 191 - REPEALING ORDINANCE NO.'S 111, 118 & 119 (Development fee ordinances) ( 2ND READING: Recommend motion for adoption of Ord. No. 191 - Roll call) (Cont'd from 2/28/89) D. NEW BUSINESS: 1. SET JOINT COUNCIL/PLANNING COMMISSION/PARKS &-RECREATION COMMISSION MEETING DATE RE: GENERAL PLAN (Verbal) E. INDIVIDUAL DETERMINATION/AND OR ACTION: 1 . City Council : a. Mayors/Managers Meeting, re 1/2 cent sales tax (Mayor Borgeson) b. Arbor Day tree planting (Councilwoman Mackey) 2 . City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager 3 P R O C L A M A T I O N CAMP FIRE BIRTHDAY WEEK March 12 - March 19, 1989 WH"REAS, Camp Fire, the national you organization, will be celebrating its 79th birthday on March 17, 1989; and WHEREAS, the Chumash Camp Fire Council in the City of Atas- cadero teaches boys and girls self-reliance and good citizenship.; and WHEREAS, through contemporary programs and by speaking out on issues that affect youth and their families, today' s Camp Fire is helping kids cope with their. changing world; and WHEREAS, in Camp Fire the choices and opportunities are wide open for girls and boys; and • WHEREAS, through Camp Fire, young people are learning to develop confidence and to gain skills needed to become tomorrow' s leaders; and WHEREAS , Camp Fire is commended for the opportunities its programs off.er to young people in the City of Atascadero and throughout the nation and for the many services these young people perform for their communities through Camp Fire; NOW, THEREFORE, I Bonita Borgeson, Mayor of the City of Atascadero, do hereby officially proclaim March 12 - March 19, 1989, to be CAMPFIRE BIRTHDAY WEEK in the City of Atascadero. BONITA BORGESON, Mayor Dated: 3/14/89 • '�3�- 753 ? 0. BOX 302 244 19th STREET PASO ROBLES, C-\LIFOR\wIA 93446 3PT19 if? R E C E IV E 0 MAR 31989 CITY MGR. The National Camp Fire organization is celebrating its 79th birthday March 17, 1989 . The Chumash Council of Camp Fire located in the North San Luis Obispo County will be celebrating its 76th birthday this March 17, 1989 . The Chumash Council is serving over 500 young people this year. The majority of these children are from Atascadero. To celebrate this 76th birthday we will be having a Fun Run at the Atascadero High School track on April 15 , beginning at 9 a.m. You are all invited to come join Camp Fire in this activity. Jeraldine Goeken, Program Director • • • P R O C L A M A T I O N "NATIONAL NUTRITION MONTH" March 1989 WHEREAS, food is the , substance by which life is sustained; and WHEREAS, the quality cif food individuals consume each day plays a vital role in their health throughout the- life cycle; and WHEREAS, there is s: need for continuitiq nutrition education and a massive effort to enhance good nutrition practices; • NOW, THEREFORE, I Bonita Borgeson, Mayor of the City of Atascadero,do hereby proclaim the--'month- of March as National Nutrition Month in Atascadero, and Z' 'encourage all citizens to become concerned about their. ;nutrition . and the nutrition of others in the hope of achieving optimum health for both today and tomorrow. " arr-BORts SON .., Mayor a Me .;,. March-14,; 198911, • alifomia Dietetic Associati _ RECEIVED MAR 21989 CITY MGR. • 449 Old Coast Highway #6B Santa Barbara, CA. 93103 February 22, 1989 Mayor Benita. Borgeson 6500 Palma Ave. Atascadero, CA. 93422 Subject: National Nutrition Month 1989 Dear Mayor Borgeson: It is no secret to you as mayor that many of your citizens today lead hectic lives. With two-career couples, teenagers with school and athletic activities, and active senior citizens, nutrition and healthful eating is more important than ever. Yet, everyone has his or her own .personal food likes, dislikes, and health-related needs. In observance of National Nutrition Month - March 1989 - Registered Dietitians of the Coastal Tri-Counties Dietetic Association will be cele- brating the national theme, "A Lifetime Decision: Choose Good Nutrition. ' Our focus is that -at any age, healthy nutrition choices are vital to our future well being. We have planned various nutrition activities for the month of March throughout the many cities that make up our district. You have the opportunity to support our efforts in guiding your citizens towards better nutrition choices by officially proclaiming March 1989 as the 16th annual National Nutrition Month. A sample proclamation by our national office is enclosed for your convenience. Thank you for helping us to make your citizens more aware, that choosing good nutrition is the best investment we can all make towards improving our chances of being healthy for the rest of our lives! Sincerely, Kathleen A. Paul, R.D. Chairperson, National Nutrition Month Coastal Tri-Counties District #3 California Dietetic Association P.S. For inquiries, the local R.D. representative in your area is: Karen Martini, R.D. Enclosure (805) 466-8616 q P O C L A M A T I O N "ARBOR DAY" March 29, 1989 WHEREAS, most states set aside one day as ARBOR DAY to encourage the planting and appreciation of trees; and WHEREAS, Atascadero has wealth of stately oaks , and syca- mores; and WHEREAS, Atascadero, was named as a Tree City USA in 1987 and takes the responsibilities of tree care seriously ;, and • WHEREAS, most of our _citizens. appreciate the value and beauty of trees as a priceless asset to- our environment, and our current population must constantly pant trees to ensure the future tree: canopy for thosa coming after us. THEREFORE, I, Bonita Borgeson, Mayor of the City of Atas_- cadero, declare March 29, 19'89 asArbor Day in our City, and encourage all local residents to plant trees _on their own prop- erty or join in a group effort to plant trees on public property. BORGESON Mayor March- 14, 1989 L . . TM CERTIFICATE OF APPRECIATION AWARDED TO JIM PATTERSON In recognition of your generous donation of an oak tree to to the City of Atascadero commemorating Arbor Day throughout the United States, I deem it an honor and a privilege to present you with this Certificate of Appreciation on behalf of the City Council . BONITX BORGESON ' Mayor March 14, 1989 i AGENDte oa `� r ATASCADERO CITY COUNCIL MINUTES February 28, 1989 The regular meeting of the Ataacadero City Council was called to order by Mayor Borgeson at 7:00 p .m. followed by the Pledge of Allegiance. ROLL CALL: Present: Councilmen Dexter , Shiers, Lilley, Councilwoman Mackey and Mayor Borgeson. Staff Present : Ray Windsor , City Manager ; Andy Takata, Parks and Recreation Director; Boyd Sharitz, City Clerk; Bill Watton, Police Lt. ; Henry Engen, Community Development Director; Paul Sensibaugh, Public • Works Director ; Mark Joseph, Administrative Services Director ; and Jeff Jorgensen, City Attorney. A Troop of Camp Fire Girls presented Councilmembers with Camp Fire Candy and stated that Camp Fire Week is March 13-19th . A proclamation will be presented at the next council meeting. Paul Sensibaugh, Public Works Director , introduced new employees in the Public Works Department: Jon Everett, Danny Hillstock and David Bragg. COMMITTEE REPORTS: SOLID/HAZARDOUS WASTE MGT. COMMITTEE Councilwoman Mackey stated that she attended a planning meeting today in San Luis Obispo. They will meet again next week regarding recycling. S.L.O. AREA COORDINATING COUNCIL: Councilman Dexter said he had attended a board meeting. DOWNTOWN STEERING COMMITTEE: Councilwoman Mackey reported that the committee met last week and everyone was in attendance. • COMMUNITY FORUM: No one came forward to speak . A. CONSENT CALENDARS 1 • 1 . February 14, 1989 City Council Minutes 2. City Treasurer ' s Report - January 1989 3• City Finance Director ' s Report - January 1989 4. Approval of Proposed Dial-A-Ride Agreement with Community Transit Services 5. Approval of Proposed Sick Leave Bank Policy 6• Authorization for Purchase and Installation of Home Run Fence on Paloma Creek Park Youth Field #3 7. Annual Spring City-Wide Clean Up/Beautification Day- April 22, 1989 8. Request to Initiate Consideration of Flood Damage Prevention Ordinance 9. Resolution No. 15-89 - Authorizing Grant Fund Application for the Urban Stream Grant Program • (Atascadero Creek Development Project) Councilman Lilley asked that the minutes from February 14 be changed to reflect his presence at that meeting. Mayor Borgeson stated that on Item 6 it is not authorizing the City to purchase or install the home run fence, but is going to be done by the Little League Organization. MOTION: Made by Councilwoman Mackey, seconded by Councilman Shiers to approve Consent Items A 1-9. Passed unanimously by roll call vote. B. HEARINGS/APPEARANCES: 1 . PRESENTATION OF FRANCHISE FEE BY FALCON CABLE CORPORATION Sylvia Vickers, representative from Falcon Cable presented the Franchise Fee to the City of Atascadero. The amount of the fee this year is $77, 143.07 which is a percentage of Falcon Cable ' s gross receipts for 1988 and represents a 45% increase over last year ' s payment . 2. LAKE PAVILION DISCUSSION: RESTORATION VS. REPLACEMENT Staff report was given by Ray Windsor, City Manager. He • introduced Rod Levin who explained the difference between the alternates for the Pavilion. The first one was to just restore the existing facility as it is, and the other two were to restore 2 with some addition, to enlarge the facility, the third was to actually remove the building and start from scratch, but with a facility about the same size. Council discussion followed Mr . Levin ' s presentation. At this time Mayor Horgeson opened the discussion for public comments. Terry Graham, stated he believes that if we launch a project to restore the pavilion we can get a lot of people to help with this project . He hopes Council will take into consideration that increasing any kind of municipal debt isn ' t within the interest of either ourselves, the state or nation. Let ' s get out and volunteer and keep the debt down and do our best to preserve the pavilion and make it a real service to the community. Use it for public recreation and city use. Doug Lewis asked about the life of a facility such as the pavilion. Mr . Levin responded that the present pavilion is approximately 50+ years old . If the building was brought into conformance with code, you are looking at another 50-70 years as long as it is maintained well . Anne Marie Kirkpatrick said normally she despises when government tears something down and puts something else in its place. But in the case of the pavilion there isn ' t that much there to cry over. If they can keep the floor and use it in the future it would be wonderful . When you are saying $50,000 it doesn' t sound like a lot of money in 'the ratio of the entire project, but $50,000 could go a long way toward the esthetics of the building. She does not believe the estimates for the kitchen is large enough to really provide for a kitchen that will be adequate for the size dinners that might be prepared in this facility. She believes we should go to the new building . Mike Arrambide said a lot of time has been put in pavilion project for the past 5 years. The Rotary Club took the pavilion on as a project and found that it was bigger than what they could handle, so a corporation was formed "Atascadero Improvement Corporation" . That corporation was formed solely for the purpose of facilitating the renovation of the existing facility. Quite a lot of volunteer effort was involved at that time. But they really had a hard time generating a ground swell of support for that building, it seemed not to have a tremendous historical value. The reason is that there is a lot of new people in. this community who never really saw the pavilion in its heyday. The community had hoped the pavilion • would be restored to something that would be of use to the community. $30,000 was raised over 5 years, but over $20,000 was spent in terms of hiring a consultant . A number of clubs gave substantially towards this project. The Rotary has $3,500 3 earmarked for this project . Can ' t say that it would be better to restore the existing building -- all he can say is from a community perspective we desperately need a pavilion. He would be happy to share his. knowledge of the pavilion with anyone who is interested . Barbara Reiter asked the council if it would be more advantageous to the city as a whole to use the money that is earmarked for renovation or a new structure of over $500,000 or put that money into a community center somewhere else. If we were to build something today would it be built there, or would we build a community center in the downtown area which would bring people to the downtown center where we need pedestrian activity. We need to think of the lake in long range rehab for the lake itself. Right now the lake is a mess, but if you could visualize a nice clean bank of the lake around theentire perimeter with nice walkway, a par course for recreation along the way, plants could be planted in the spring and the banks could be in bloom. Right now the building obstructs the view of the lake. We need to consider a community center elsewhere and not at the lake. The idea of a building with a deck out over the water is intriguing . It would be great for a fine restaurant . Terry Graham asked what are we designating that pavilion for? Are we going to setup a bar and restaurant there? What are the needs of the City? The pavilion is a great location for public use and we should keep it in the public not promoting restaurant business. Keep it a recreational facility, supported by the City, for the City ' s use specifically. Maggie Rice, Chamber of Commerce, stated the community needs something for everyone and not just for children, but for all ages, senior citizens, the Camp Fire Rally, Republican Central Committee, etc. As far as a restaurant being there, that would not serve the purpose it was intended and would not serve the entire community. She has great sensitivity about saving old buildings, but not just for sentimental reasons. She thinks we need a new building that will serve the needs of the community. Ruth Phillips who has lived at the lake for 20 years stated that it would be terrible if the pavilion was not at the park . Don ' t take that away from the people of Atascadero . If you want to put a new building up that is fine, but no restaurant. Eric Michielssen said he has gone through several remodeling projects in the last year . He ran into difficulties in regards to getting contractors to bid on them because . they cannot see what is going to be there, therefore they need a high contingency • base. It is very difficult to estimate. If you want to do the job right, you might have to demo it and start again. At this time Mayor . Borgeson closed the discussion to the public 4 • and brought it back to the City Council for further discussion. Mayor Borgeson said she is looking for what the community wants, and a consensus of the council that we are going to move ahead. If that takes going into a new building, that she will support 'that . Council will be giving the City Manager the suggestion to save the floor of the old pavilion. City Manager , Ray Windsor , said in light of the fact of this being a historic moment in the community, staff will need to put together RFP to hire someone to begin work. on conceptual drawings provided by Mr . Levin. That facility may or may not end up in the same form that Mr . Levin has suggested . Mr . Levin may not be the architect selected by the city, because by law we must go out to seek proposals. A formal motion and vote. by the council is needed so that the record is very clear as to council ' s direction. MOTION: By Councilwoman Mackey, seconded by Councilman Dexter to have staff prepare and send out requests for proposal for architectural services on the pavilion building. Passed unanimously by Roll Call Vote. • At 8:30 Mayor Borgeson asked for a 10 minute recess. Meeting reconvened at 8:40 p.m. 3. GRANT REQUEST BY A.F.A.R FOR SPAY/NEUTER PROGRAM City Manager Ray Windsor stated that the tape from the meeting where the remainder of the budget money was released for this year , and the circumstances under which the council_ acted, and at that time Daphne Fahsing acknowledged that it might go over and that would be all the money that they would ask for and if necessary they would try to make up the difference from some fund raising activities. At this time he introduced Daphne Fahsing , representative from A.F.A.R. Mrs. Fahsing discussed the letter she had sent to Council requesting the additional $5,000 due to the tremendous response they have had to their program. Council discussion followed. Mayor Borgeson asked Mrs. Fahsing if she would be in accord with advancing $5,000 on next year ' s allocation. Mrs. Fahsing that she couldn ' t promise that next year ' s request • wouldn ' t be that much higher though. She doesn' t want to promise that they would come back next year with that much less on their request . It will depend a great extent on how the requests for their service come in from now on. 5 • Steve LaSalle and Ursula Luna spoke in favor of granting the additional $5,000 for this worthwhile service. Further council discussion followed with Councilman Lilley expressing concern over establishing a precedent for a mid-year appropriation for even so worthy a cause. MOTION: By Councilwoman Mackey, seconded by Councilman Shiers to grant the $5,000 to A.F.A.R. as a one time supplement . Passed unanimously by roll call vote. 4. FY 87-88 Financial Audit and Related Findings (Brad Hair ) City Manager , Ray Windsor , introduced Brad Hair of Glenn, Burdette, Phillips & Booker , Certified Public Accountants. He discussed the report that was included in the agenda packet with the City Council . He introduced Mike Butcher who discussed the Sanitation District report .. Councilmen Lilley and Shiers who served on the Finance Sub- Committee gave their summation of the financial audit and related findings. • Council discussion followed. MOTION: Made by Councilman Lilley, seconded by Councilman to accept the annual financial report and the report of financial statements for the Sanitation District for year ending June 30, 1988. Passed unanimously by roll call vote. Mr . Hair at this time discussed the $3,000 additional fee to offset their $13,500 cost overage. Council discussion followed. City Manager Windsor stated that staff recommends that this $3,000 be paid, but asks that he be directed to write to Mr . Hair on behalf of the City, indicating very strongly that in the future the City will adhere strictly to the letter of the contract so that no additional costs or work can be performed unless or until the Council has been notified as such . Councilman 'Lilley who served on the Financial Sub-committee stated that he and Councilman Shiers had discussed this at some length and there was a consensus as to what needs to be made clear . We are dealing with based on the audit report • that we have received , what appears to be a extremely professional accounting firm. We note that we entered into a contract which they signed and which states " if an 6 • i i unanticipated situation should arise which will require additional work , the auditor shall be entitled to apply to the city for supplemental compensation at the hourly rate specified , such supplemental work will be paid for only upon mutual agreement of the contracting parties in writing prior to the performance of such work . " It is our concern that you adhere to the contract and if you do, we will . One of the concerns was the indications that for one reason or another somebody relied. an somebody ' s representations and was led to believe that they could proceed to incur additional- work with the endorsement and the approval of the city. As a result of that , there is a question of who should be blamed for leading someone astray. The purpose of that provision is to make sure that we don ' t have those kinds of accusations or problems. The only people who can tell us whether extra work is going to be necessary for you to complete your job is yourselves. If you do not do that, we can not guess. We are in agreement that we write the firm a very clear letter making it very clear to these gentlemen that for the balance of our contractual relationship we expect that provision as well as others in the contract to be strictly adhered to because that ' s • professional . It is appreciated that the accounting firm did jump in and do a great deal of work . We will not depart from this contract and you cannot ask us for whatever reason to violate the contract . Councilman Shiers stated he concurs that the firm did do a good job and in fact earned the additional $3,000 and we are concerned with the future working relationship that we will have with the firm over the next two years of the contract . He believes that we will be better off spending the additional $3,000 now and that we will get it back in the future, but as Councilman Lilley pointed out we have a contract here and it does state exactly what he said. It does require the mutual agreement of the contracting parties in writing . There was some sort of communication breakdown because this was never brought to Council ' s attention when it should have been. Neither he nor Mr. Lilley were aware of the size of the over run until the memo of January 20th when the audit was about done. Further Council discussion followed. MOTION: By Councilman Dexter, seconded by Councilwoman Mackey to approve the finance sub-committee's recommendation to the Council that the $3,000 in cost over run be paid i and a letter be sent from the City Manager as directed by the. Council . Mayor Borgeson offered an amendment to the motion that the $3,000 should come out of the Finance Department ' s 7 • budget , and not out of the general fund . The motion with the amendment passed by 4: 1 roll call vote with Councilman Lilley voting no . 5. REPORT ON HOTEL PARK PRECISE PLAN CONDITION (#17 RE: ROAD ABANDONMENT) Henry Engen, Community Development Director , gave the staff report . Steve Sylvester spoke on behalf of the applicant . He stated they are trying to come to a satisfactory remedy and concur with the staff recommendations as they have been presented and would like to poi.nt that in accordance with the approved precise plan the detail improvement plans have been prepared for the realignment of Capistrano, the request for the road abandonment and accompanying legal description has been submitted and in early December the offer of dedication was submitted to staff for - review. With the completion of obtaining the encroachment and grading permits they are ready to proceed with the rest of the project . Doug Lewis asked with the changing in the alignment of that • part of Capistrano what is the designation of the street towards El Camino since it will no longer be a continuity? Henry Engen, Community Development Director and Paul Sensibaugh , Public Works Director responded. At this point Mayor Borgeson closed the discussion to the public and returned to council for discussion. MOTION: Made by Councilman Lilley, seconded by Councilman Dexter to approve the interpretation set forth in the staff recommendations with regards to the road abandonment and the offers of dedication. Motion passed 3:2 with Councilwoman Mackey and Mayor Borgeson voting no. At this time Councilman Shiers asked if he could rescind his vote on this item. City Attorney Jeff Jorgensen stated that a Councilmember may request reconsideration of a vote as long as it is prior to consideration of the next item however , he would advise Council that it has been his opinion that it is necessary for the Council to give a reasonable interpretation of the City ' s intent to this condition since there was a mutual mistake and an impossible condition imposed and if this is not the intent of the City as to what the condition meant then 8 • • the Council needs to come forward with an explanation as to what the intent of the City was. Councilman Shiers rescinded his request at this time. 6. RESOLUTION NO. 13-89 - NOTICE OF INTENT TO CONSIDER VACATING A PORTION OF SAN ANDES AVE. RIGHT-OF-WAY AT 7005 ATASCADERO AVENUE Staff Report was given by Henry Engen. There was no public comment . MOTION: Made by Councilwoman Mackey, seconded by Councilman Dexter to approve Resolution No . 13-89 and set a public hearing date of March 14, 1989 for Road Abandonment 03-88 (San Andres Avenue) . Passed unanimously by roll call vote. C. NEW BUSINESS• 1 . REPEAL DEVELOPMENT FEE RESOLUTIONS AND ORDINANCES: • A. RESOLUTION NO 16-89 - Repealing Resolution No . ' s 64- 85, 10-86, 11-86 and 44-88 Staff report was given by Paul Sensibaugh, Public Works Director . MOTION: Made by Councilman Lilley, seconded by Councilwoman Mackey to adopt Resolution No . 13- 89. Passed unanimously by roll call vote. B. ORDINANCE NO. 191 - Repealing Ordinance No . 's 111 , 118 and 119 MOTION: Made by Councilwoman Mackey, seconded by Councilman Dexter to waive the reading of the ordinance in full . Passed unanimously. Mayor Borgeson read Ordinance No. 191 by title only. MOTION: Made by Councilwoman Mackey, seconded by Councilman Dexter to approve Ordinance No . 191 on the first reading. Passed unanimously by roll • call vote. 2. RESOLUTION NO. 14-89 - AMENDING RESOLUTION NO. 33-88, EXPANDING THE LIST OF CERTIFIED ARBORISTS AUTHORIZED TO PREPARE TREE PROTECTION PLANS IN THE CITY OF ATASCADERO 9 • Staff report was given by Henry Engen, Community Development Director . Council comments followed . MOTION: Made by Councilman Lilley, seconded by Councilwoman Mackey to approve Resolution No . 14-89 by roll call vote of 3:2, with Councilman Shiers and Mayor Borgeson voting no . 3. REQUEST FOR COUNCIL REPRESENTATIVE AT CHAMBER BOARD MEETINGS Mike Arrambide, President of the Chamber of Commerce, stated they would like to have a representative from the Council attend the Chamber ' s regular board meetings which are held the second Thursday of each month at the Chamber Office at noon. Consensus of the Council that they would be participating on a rotating basis. D. INDIVIDUAL DETERMINATION/AND OR ACTION: CITY COUNCIL: • Councilwoman Mackey stated that Clean Up Date is April 22nd . Volunteers are needed that day at the Chamber of Commerce Office CITY STAFF: Paul Sensibaugh , Public Works Director , gave a brief report on what is happening at the Waste Water Treatment Plant in regards to the odor complaints that have been received today. MEETING ADJOURNED AT 14:45 P.M. MINUTES RECORDED BY: BOYD C. SHARITZ, CITY CLERK PREPARED BY: GEORGIA RAMIREZ, DEPUTY CITY CLERK , 10 . � MEE 1'I�tQ AGENDA Me • CITY OF ATASCADERO SCHEDULE OF CASH RECEIPTS AND TRANSFERS IN TREASURER' S REPORT FOR THE MONTH OF FEBRUARY, 1989 CASH RECEIPTS: Taxes : Property Taxes 48,515. 06 Sales Tax 135 ,100.00 Motor Vehicle In-Lieu 43,346.66 Cigarette Tax 5 ,547.21 Occupancy Tax 13,197. 58 Homeowner' s Relief 15 ,572. 33 Development Impact Tax 18,725. 00 Miscellaneous Taxes 176. 82 Sanitation Fees 34 ,501.59 Licenses/Permits/Fees 45 ,924.52 Franchise Fee 4 ,534.45 Fines/Penalties/Overages 935. 96 Investment Earnings 11387. 93 P.O.S.T. Reimbursement 1,297.15 School Resource Officer 6 ,085.51 Sales-Maps/Publications/Reports 352.10 • Weed Abatement 667.22 Police Services 96.00 Parks and Recreation Fees 14,338.41 Gas Tax 21,129. 75 Traffic Safety 7,305.19 Local Transportation 2 ,596. 85 Development Fees 54 ,074.93 Zoo Reserve 21. 00 Assessments (Districts 3, 4 & 5) 2 ,457.54 Zoo Receipts 3,965.15 Amapoa-Tecorida/Lewis Ave. 16 ,986.15 Miscellaneous 3,143.52 TOTAL CASH RECEIPTS 501,981.58 FUND TRANSFERS IN: Sanitation Fund Reimbursement 38,194. 78 OTHER CASH RECEIPTS : Bail/Refundable Bonds 1,800.00 Reimbursement to Expense 1,691.79 Refunds 2 ,002.50 TOTAL OTHER CASH RECEIPTS 5,494.29 • CITY OF ATASCADERO • CASH ACTIVITY SUMMARY TREASURER' S REPORT FOR THE MONTH OF FEBRUARY, 1989 BEGINNING CASH RESOURCES 6 ,709 ,951.54 ADD: RECEIPTS 545 ,670.65 FUND TRANSFERS 11100,000.00 LESS: DISBURSEMENTS 495 ,484. 42 FUND TRANSFERS 1,100,000. 00 ENDING CASH RESOURCES 6 ,760 ,137. 77 SCHEDULE OF CASH RESOURCES Int. Due AS OF FEBRUARY 28, 1989 Rate Date Checking Accounts : Mid-State Bank-City 255,408.51 • Mid-State Bank-Sanit. 85,940. 76 Certificates of Deposit: Butterfield Savings-City 99,000.00 9.13 03/07/89 First Cal Savings-City 99,000.00 8.90 05/16/89 Other Investments : Local Agcy Inv Fund-City 2 ,625,000.00 8. 70 N/A Local Agcy Inv Fund-Sanit. 1,700 ,000.00 8.70 N/A Fed Home Loan Bank Discount Note-City - 957,711.00 9.15 06/21/89 Fed Home Loan Bank Discount Note-Sanit. 937,537.50 9.12 10/24/89 Other Cash Resources : Petty Cash-City 54,0.00 TOTAL CASH RESOURCES 6 ,760 ,137. 77 l � i ERE SIBBACH • City Treasurer i MEEf , tt AGENDA. ., Di�yt� AT 4 ITEM a _. ......._ • CITY OF ATASCADERO SCHEDULE OF DISBURSEMENTS FINANCE DIRECTOR' S REPORT FOR THE MONTH OF FEBRUARY, 1989 DISBURSEMENTS Hand Warrant Register for February, 1989 627. 97 02/03/89 Accounts Payable Warrants 88,100.14 02/10/89 Accounts Payable Warrants 54 ,124.23 02/17/89 Accounts Payable Warrants 53 ,314.29 02/24/89 Accounts Payable Warrants 64 , 815.19 Service Charge-Mastercard/Visa 2.50 02/03/89 Wire Transfers (Sanitation) 937 ,537.50 02/01/89 Payroll Checks 45074-45205 98,580. 38 02/15/89 Payroll Checks 45206-45337 97,824.53 02/27/89 Sanitation Check #272 38,194. 78 Total 1,433,121.51 LESS : Voided Check #44859 99.59 Total Disbursements 1,433,021. 92 • I, MARK A. JOSEPH, do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. The breakdown detail on all accounts is available for your viewing in the Finance office. • RA-RX A. JOSEPH Administrative ervices Director MEET}1 AGENDA _ RESOLUTION NO. 17-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO EXPRESSING THE CITY'S APPRECIATION TO JOEL MOSES FOR HIS SERVICES TO THE COMMUNITY WHEREAS, Joel Moses was hired .by the City of Atascadero as an Associate Planner under contract on August 31, 1981; and WHEREAS, Joel' s contract was converted to a permanent position on July 1, 1982; and WHEREAS, Joel Moses has been involved in all aspects of the com- munity' s planning process since that time; and WHEREAS, Joel Moses has imparted his knowledge of the City' s planning standards and historic basis for same to all of the subsequently hired members of the staff; and WHEREAS, Joel Moses has decided to take a position as the city planner for the City of Soledad. • NOW, THEREFORE, be it resolved that this Council wishes to express its gratitude and appreciation to Joel Moses for the services he has performed for the City of Atascadero. On motion by , and seconded by , the foregoing resolution is hereby adopted in its entirety y the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BONITA BORGESON, Mayor City of Atascadero, Calif. ATTEST: BOYD C. SHARITZ, City Clerk • APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: iN�oc� � IIE7�� HENRY ENGE14, Community evelopme Director • • MT2�4ig!OITMEM#�.4"5._ M E 11 0 R A N D U M DATE: March 8, 1989 TO: Ray Windsor , City (Manager FROM: Andy Takata, Parks and Recreation Director SUBJECT: PROPOSED TREE TRIMME_R_S_ JAMBOREE - ATASCADERO LAKE PARK - JUNE 17, 1989 Attached is a memo from Gil Dovalina, Recreation Supervisor- , and letter of request from Scoval Tree Service to have a Tree Trimmers Jamboree at Atascadero Lake Park . All Jamboree participants will be qualified tree climbers . The .. intent of the event is to educate people as to the care of trees as well as the safety necessary for tree trimmbers . Venders will be at the event displaying related tree trimming • paraphernalia. No spikes will be utilized by participants in any event . BACKGROUND: The Parks and Recreation Commission moved to advise the City Council to accept this proposal at Atascadero Lake Park contingent on staff 's review of the activities in the event.. Staff met with Mr . Scoval , organizer of the Tree Trimmers Jamboree and certified Arborist , and reviewed each event proposed and possible damage to the trees that could occur . The events proposed will be: * Competition Work Climb - The participants climb a tree to a designated height and tie a yellow ribbon on it . Air Rescue - Participants climb the tree and rescue a victim on a limb . Throw Lines - Participants will throw lines through branches and secure them. • * Body Thrust - Participants use lines to pull themselves up a rope. . * Foot Lock - Participants utilize a rope to climb a tree. • In order to insure safety of the participants, the Arborists will inspect all trees to be used and trim any branches to insure the health of the trees. Trees that would be utilized will be trimmed prior to the event by certified Arborists. OPTIONS: Option Number 1 : Allow the Tree Trimmers Jamboree event to be held .at Atascadero Lake Park . Advantage: The event would help educate people as to care of trees. Disadvantage: The utilization of the trees for exhibition purpose could possibly cause some harm. Option Number 2: Refuse the Tree Trimmers Jamboree event . Advantage: Protect the trees from any possible damage that could • occur . Disadvantage: Tree care education would not be provided as a public service. The trimming of seven trees by the Arborists would not occur . Staff feels this event is an important tree care educational tool . Staff also feels that damage risk to the trees is minimal . FINANCIAL CONSIDERATION: None RECOMMENDATION: Staff and the Parks and Recreation Commission recommend that the City Council approve the use application for the Tree Trimmers Jamboree at Atascadero Lake Park on June 17, 1984. AT :kv File: Tree Attachments ITIIM: 5-F • MEMORANDUM DATE: January 11, 1989 TO: Parks and Recreation Commission FROM: Gil Dovalina, Recreation Supervisor SUBJECT: Tree Trimmers Jamboree - Atascadero Lake. Park INTRODUCTION Inclosed is a request from Scovell Tree Surgery to re- introduce an activity that once took place at Atascadero Lake Park. A "Tree Trimmers Jamboree. " This activity brings Professional tree people together to share a variety of skills in working with trees, plus provides competition, putting those skills into action against other tree professionals . The proposed activity would be held on Saturday, June 17, 1989 . The organizers of the event expect from 250 to 300 people to attend and also expect to have vendors displaying various types of tree working equipment, plus providing demonstrations. This jamboree would only allow qualified tree climbers to Participate in the competition. The sponsors of the event, the Western Chapter of the International Society of Arboriculture have enclosed a Certificate of Insurance, naming the City of Atascadero as additional insured for $1, 000, 000 .00 with respect to this one-day special event . BACKGROUND Ordinance No. 105, Title 10 of the Atascadero Municipal Code relating to Parks and Recreation states: 10-1 . 26 Commercial Activity It is unlawful for any person or persons to engage in any commercial activity within the park, except as authorized by the City Council . Non-profit agencies may be allowed to • conduct fund raising events upon approval by Public Works. Exemptions for business licenses may be granted to non-profit agencies . On June 14, 1988 Council adopted Resolution No. 38-88 revising and establishing fees for usage of recreation facilities and written procedure for facility rental . For major events it was determined that Commercial Activities, • defined as any person and or group charging a fee to participate would be charged $100 . 00 for. use of the park and would pay a $20Q. 00 refundable security and maintenance deposit. RECOMMENDATION If the demonstrations involve actual trimming of trees, Staff should work with Planning on any possible . considerations, but the Tree Ordinance does allows trimming of 30% of canopy without a permit . Liability insurance would be a must . If there are any cost to City, Council would have to approve those expenses. Concern should be given to the impact on the trees with repeated climbing. The Commission may want to consider recommending financial guarantees for the protection of the park trees. The Northern California Jamboree is held in the Golden Gate Park and is hosted by the San Francisco Parks & Recreation • Department. Mr. Frank Taylor, Superintendent of the Parks and Recreation Department, and his park crew provide their time, equipment and experience preparing for this event. FISCAL IMPACT None . Park Use fee and security deposit would be required to assure that the condition of the park is maintained. • LIVE FILE Convert 1 Access ( Stare THIS SHEET INDICATES THIS SECTION CONTAINS POOR QUALITY IMAGES WA I. 4 Ar I>] i s ' /a And 1 �► ON T 916 O ♦ _ �..Air'� , �� t7 .t > 'rWL ypa { ;;►1 { f' s dw ♦ :! S' + .I "�''•, ;.�i"-�sem". 1 •d fir.t6 { *`ffiw. e h oto'+ '•,try � �, ,as,, 41 a 4 , _`.� '�!^ `iI *<b. ¢tea-, • � ► `�'� �.,�• CERTIFICA* OF INSURANCE - 0 ISSUE DATE(MM/DD/YY1 12/27/88 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS I JOHN 0. BRONSON COMPANY NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 1 P.O. BOX 255387 • SACRAMENTO, CA 95865 COMPANIES AFFORDING COVERAGE I LETTERNY A ROYAL INSURANCE COMPANY OF AMERICA 3 CODE 3303094 SUB-CODE COMPANY B ( INSURED _ LETTER ` WESTERN CHAPTER OF THE INTERNATIONAL COMPANY 4 SOCIETY OF ARBORICULTURE LETTER C 1 C/O CHARLES L. MATHIAS LCOMPAN ETT Y p __ { 232 ARCHER WAY E _._ NIPOMO, CA 93444 COMPANY I LETTER E (COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 3 CO TYPE OF INSURANCE POLICY NUMBERPOLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS i LTR DATE(MM/DD/YY) DATE(MM/DD/YY) 1 GENERAL LIABILITY GENERAL AGGREGATE S 1,000, I A XX COMMERCIAL GENERAL LIABILITY PST-144995 0000 9/1/88 9/1/89 PRODUCTS-COMP/OPS AGGREGATE S 1,000, CLAIMS MADE XX OCCUR. PERSONAL&ADVERTISING INJURY $ 1,000, OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 11000, ! FIRE DAMAGE(Any one fire) $ 50, MEDICAL EXPENSE(Anyone person) S 5, AUTOMOBILE LIABILITY COMBINED 1 ANY AUTO SINGLE $ • I LIMIT. ALL OWNED AUTOS BODILY SCHEDULED AUTOS INJURY $ (Per person) HIRED AUTOS BODILY NON-OWNED AUTOSINJURY $ , (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY _ EACH AGGREGATE OCCURRENCE i $ $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY j AND $ (EACH ACCIDENT) f $ (DISEASE—POLICY LIMIT) I EMPLOYERS'LIABILITY $ (DISEASE—EACH EMPLOYE OTHER i r i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS i CERTIFICATE HOLDER TO BE NAMED AS ADDITIONAL INSURED WITH RESPECTS TO A ONE-DAY SPECIAL EVENT HELD JUNE 17, 1989. CERTIFICATE HOLDER CANCELLATION CITY OF ATASCADERO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 6500 PALMAS AVENUE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR j ATASCADERO, CA 92422 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO'R LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO .OBLIGATION OR ATTN: GIL DOVALINDA LIABILITY OF ANY KIND UPON THE COMPA ,ITS AGENTS OR REPRESENTATIVES. PARKS & RECS DEPT. AUTHORIZED REPRESENTATIVE Q2�.) KEITH A. MOSER, AGENT ACORD 25-S_(3/88) CACORD CORPORATION 1988 J &eTtNG.' _AGENDA , DAT ''REM i REQUEST FOR PROPOSAL AND STATEMENT OF QUALIFICATIONS Design, Construction Plans, Specifications and Construction Observations of a Proposed Atascadero Lake Pavilion Building Proposal Details: The City of Atasr_adero is soliciting proposals for arrhiterttiral design construction plans , specifications, and gLialifiratinny for constrtiction of a proposed Pavilion. The purpose for establishing the Pavilion is to hrn .-ide a community facility to hold meetings, weddings, conferences . etc , and conduct recreation classes . ( . Scope of Work Involved : 1 . Review of current and future needs to determine scope of the facility. 2. Formulation of the design constrR,irtinn dans , floor plan, site plan, building elevati.nn specifications , and construction observations . B. The reports and other submittals should he detailed on each item of Section A: "Scope of Work" portion of this request . C. The consultants will work with City staff, Citizen Advisory Committee, and City Council for complete t,nderstanding of the project . Andrew Takata , Parks , Recreation and Coo Director will be the direct cnntact for the consultant chosen. D. Proposals shall include the following information: 1 . The firm will need to describe the fnllnwina : a. The firm ' s philosophy and their anprnarh to the project . b . Understanding of the project . C . What services will be provided . d . Anticipated schedules and any eXCIL)sions. • • 2. The firm will need to supply a summaf ,; 7f qualifications to include background of the firm, personnel description of who will he actively in,,c) Ived in the project , irrdir3te the team members ' responsibilities, and any e>:rerionce that they ha,-.,e that will contribute to the project ; this should include sub--con=r:ltants and their qualifications. Supply a list of client references and similar projects . 3. The firm shoril.d include a proposed fee Schedule for accomplishing the scope of services. This fee schedule should include hourly rates acr_ordinq to personnel classification and inr IInde an estimate of miscellaneous charges and reirnhursable expenses that may be required . In addition. recommended method to adjust fees upward or downward if the actual scope of services are changed during the program development phase . E. The City reserves the right to reject all prnpnsals . F . Information available during proposal prepacatinr L . The City has a preliminary feasibility sttidv of Atascadero Lake Pavilion. A cops is attac-Vied . 2. City staff is available to walk through the proposal site or to answer questions concer-ring this proposal . 3. Consultants can contact the Parks , Reci ea;t i nrr, and Zoo Department for an appointment to disrrlss this proposal and the Department ' s thortahts and concept . G. Procedure for Processing of Proposals . 1 . Selection will be based upon qualifi.catin+is ; experience on similar types of facilities ; local experience in Atascadero ,or similar areas; and ability to perform the work on time. Finalists will be interviewed prior to consultant selection. 11. Proposal Submittal Deadline: Proposals should be submitted to the Pity of Atascadero to the attention of Andrew Takata , Director of Parks, Recreation and Zoo Department , 6500 Palma Avenue, Atascadero , California 9?'1RR. no later than April 1-1, 1989 • Questions concerning the proposals should be diverted to the undersigned at (805) 466-BOOO :rtn. 123. CITY OF ATASCADERO By: ANDREW J. TAKATA, Director Parks, Recreation, & Zoo Pepar1meat AI : k,. File: Pa,, MEU � ,�ENDA ., DAT 1 u ITEM I • M E M O R AND U M TO: City Council FROM: Ray Windsor, City Manager SUBJECT: Department of Animal Regulation Poster/Essay Contest DATE: March 14, 1989 With respect to the attached request, in light of time con- straints, I have taken the liberty of contributing $20 to the Poster/Essay Contest. No separate allocation is required by Council. However, since this was not specifically budgeted, it does need your authorization, and so I am placing it under the consent calendar to accomplish this . Attach. RW:cw C.ouuty ol c San uid k.4po DEPARTMENT OF ANIMAL REGULATION COUNTY OPERATIONAL CENTER 885 OKLAHOMA AVE. SAN LUIS OBISPO, CA 93401 ROBERT DOLLAHITE, DIRECTOR AC 805 549-4400 w`. Dear Mayor Borgeson, Once again the Department of Animal Regulation is sponsoring its Poster/Essay contest for all the elementary school children in the county. This years theme will be "If My Pet Could Talk' and is scheduled to run from March 10th through March 24th. Last years contest was a great success with over 1,000 students participating in it. This year we feel the contest will be bigger and better then ever. We plan to have 1st, 2nd and 3rd place awards in the poster, essay and class divisions. Each student will receive a certificate for participating • in this years contest. A $20.00 tax deductible contribution can make all this possible. I would be pleased to provide you with some of the students masterpieces from the area to display in your office. We would appreciate your continuing support with our contest. Make checks payable to Animal Regulation Poster/Essay Contest, 885 Oklahoma Ave. ,San Luis Obispo, Ca. 93401. If you have any questions, please call me at 549-4408. Thank You, Michael Bob Humane Educator San Luis Obispo • MEETZ�! .AGENDA DA {TEMP ...._....;�_ M E M O R A N D U M DATE: March 8, 1989 TO: Ray Windsor , City Manager FROM: Andy Takata, Parks and Recreation Director SUBJECT: ACTION FOR ANIMAL RIGHTS (AFAR) — REQUEST FOR INSURANCE WAIVER Attached is a letter from AFAR requesting use of the Sunken Gardens for an eight week dog obedience course, beginning in April , 1989. This course would provide a funding mechanism for AFAR. Daphny Fahsing , President , is requesting that the requirement to additionally insure the City for $1 million dollars liability for this event be waived as the costs would prohibit holding this type of event . The - cost for the additional insurance is approximately $150 to cover the City of Atascadero . By waiving the additional insured requirement , City Council will need to consider the precedent setting of this type of action. There are some risk exposures dealing with this requirement in regards to possible animal bites, accidents, in- which case the City would be at risk . This would also provide the opporti_inity. for other organizations utilizing City facilities to make similar requrests. OPTION ANALYSIS: Option Number 1 : Waive the insurance requirements for AFAR. Advantage: This would allow AFAR to conduct an event and receive the maximum financial benefit by waiver of the insurance fees. Disadvantage: The possibility of liability exposure by the City. Also this would be precedenting by waiving fees for groups • utilizing City facilities for fund raising . • Option Number 2: Not to waive insurance requirements for AFAR. Advantage: Reduce risk exposure to the City. Would not set precedent by waiving required insurance coverage. Disadvantage: Inability of AFAR to conduct a fund raising event of this nature. Option Number 3: Pay for all or a portion of the insurance for AFAR: Advantage: This would allow AFAR to provide the fund raising event . Disadvantage: Appropriation an additional $150 to the General Fund for this non-profit organization would be president setting in regards to covering insurance for organizations utilizing City facilities. FINANCIAL CONSIDERATION: Possibility of additional $150.00 draw from the General Fund to cover insurance. RECOMMENDATION: Staff recommends the City Council to: 1 . Deny the request for the additional insured waiver by AFAR. AT: kv File:AFAR Attachments • ` FAR ' = Action For Animals' Rights (AFAR) 0 0 A Non-Profit Volunteer Animal Welfare Organization 9 q AN�MPv IL: 9 4QX-9G$ ATASCADERO, CALIFORNIA 93423 • PHONE: (805)466-5403 New Address: Homer 466-9299 8935 V.crro qd.,Suite 2 Atas=a ero, CA 93422 March 2,1989 Mr. Andy Takata, Director Parks & Recreation City of Atascadero 6500 Palma Ave. Atascadero, CA 93422 Non-Profit Tax-Exempt ID No. 918545 Dear Mr. Takata : As mentioned in our telephone conversation the other day AFAR is interested in holding a benefit Dog Obedience Course at the Sunken Gardens. Tentatively, this would be Wednesday mornings for eight weeks beginning April 5th oc 12th. We are requesting a waiver of the requirement that the City be added to our insurance, as the additional cost would be prohibitive. All participants would be required to sign a waiver of liability. Will appreciate your advice. Thank you. Sincerely, aphW. Fahsing ne President enc. � II rWEEn E A'2L M E M O R A N D U M T•o : City Council Through : Ray Windsor , City Manager From: Mark A. Joseph , Director of Admin. Services Date: March 7, 1989 Subject : Additional Funding for AFAR At Council ' s February 28, 1989, meeting , it was voted to give Action for Animal Rights (AFAR) $5,000 as a supplement to their current allocation of $12,000. The attached resolution formally transfers the money from the General Contingency to the appropriate account . As a point of interest , staff will be developing a policy regarding allocating funds to community organizations. We expect to have a report to Council in late March or early April . . RECOMMENDATION Staff recommends Council adopt the attached resolution, providing $5,000 for AFAR activities. • RESOLUTION 19-89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING THE TRANSFER OF FUNDS FOR THE ACTION FOR ANIMAL RIGHTS (AFAR) ORGANIZATION WHEREAS, Council agreed in concept to fund an additional five thousand dollars ( $5,000.00 ) , for the AFAR at the Council Meeting of February 28, 1989, NOW THEREFORE , BE IT RESOLVED, that the General Fund appropriation shall be transferred as follows: Account 1-0090-029-050 Reserve for Contingencies ($5,000.00) Account 1-0090-025-070 Contributions 5,000.00 -0- This transfer shall take effect immediately upon adoption of this resolution. On motion by Councilperson and seconded • by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO BONITA BORGESON, Mayor ATTEST: BOYD C. SHARITZ, City Clerk PREPARED BY: MARK. A. WSEPH, Director of Administ ative Services Resolution 19-99 (continued ) APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney • • M't 40RANI DUMT To : Honorable Mayor and City Council Through : Ray Windsor, City Manager From: Paul M. Sensibaugh, Director of Public Works/City Engineer Subject : Trip Generation-Montessori School Date : March 11, 1989 Recommendation: No Change . Background: At the Agenda Discussion Meeting, this date, it was pointed out that there was a wide margin between the 60 ADT staff response at the Planning Commission Meeting and the 200 to 300 ADT mentioned in the appeal . Further information was requested from the City Engineer for tonight ' s Council Meeting . Trip Generation: The application shows 108 students and 7 teachers . The trip generation for the new school , based on information from the ITE ( institute of Traffic Engineers) Trip Generation report, is 13 . 1 daily trips for employees and 0 . 3 daily 'trips per student . This equates to 200 ADT. The data table further stipulates an hourly figure of 3 .4 trips for employees and 0 . 3 trips for students . This equates to 56 . 2 VPH (vehicles per hour) . it appears from this information that there could have been a confusion between the terms used to express traffic flow. The appealant clearly is talking about daily traffic, and it appears that the respondent at the Planning Commission meeting could have been relating to hourly traffic. Level-of-Service (based on Average Daily Traffic) : Based upon the traffic data submitted for the new bridge across Graves Creek at this location, the present daily traffic is approximately 1740 ADT. The 1998 future traffic is expected to be 2500 ADT. Referring to the Highway Capacity Manual the level of service for the existing traffic on Monterey Rd. , based on ADT is L.O. S . ''A'' . The level-of-service with the proposed school added to the existing ADT will still be L.O.S . "A" . The future level-of-service will be about L.O.S. "B" . r � l-cf-Service (based or, Vehicles P?r Hour) : The normal Design Hourly Volume D V) for this type of st1- t would be about 12% of the ADT. in the case of a school the figures above calculate to be aDou4-- 289o, which is understandalaly h:Lgh. Therefore , the level-of-service for peak sour is not as comfortable as that Shown above for ADT. The existing level—of—service du.—ing the rush to .and. from school is estimated to vary from L.D.S . C" to "E" . This is mainly due to the congestion at the driveways to the existing school and the confusion of children running about , and not necessarily due to the DHV. The introduction of a crossing guard also destroys any attempt at a theoretical calculation regarding the level-of-service during the peak hour. Previous to changes by the Traffic Committee and the Monterey School Administration, the level- of-service at that site was L.J.S. "D' bordering on L.O.S. "E" . It appears , therefore, that additional congestion can be expected in this vicinity if the start and close times of the new school are not staggered with the existing Monterey School times . The Planning Division additionally had some comments concerning the ingress and egress of the drive circulation pattern when conditioning the project so that the flow would be occomodated in a more orderly fashion. 71hese suggestions will translate to a smoother operation at the intersection of Monterey Rd. with San Anselmo Rd. Another requirement for the project is to widen Monterey Rd. and to provide a sidewalk on their side . The Conditional Use Permit expires after one year. with possible extensions . Any additional information regarding the anticipated affects on traffic should be refered to a Registered' Engineer who specializes in Traffic Engineering. At the time of conditioning this was not considered necessary, but the requirement could be made if Council is uncomfortable with the findings . TABLE 10-22(continued) Vehicle Trip Generation of Urban Land Use Daily Trips In +Out A.M.Peak P.M.Peak Peak Hour of Trip Generau., Hour Trips Hour Trips Tice Trip Genetatort Min. Avg. Max. in Out In Out In Out a Civic center Employee 6.1 0.5 0.1 0.2 0.5 1000 gross W 25.0 2.0 0.2 0.9 2.0 Office park E-ployee 2.9 3.3 3.5 0.6 0.5 0.6 A w 1000 gross ft= 9.4 20.6 30.3 9.4 0.3 0.3 1.8 2.0 0.3 A M Acre 276.6 52.7 44.7 52.7 A.M. Research center Employee 2.0 3.1 5.3 0.5 0.5 0.7 P.N. 1000 gross W 4.3 9.3 9.8 1.3 1.5 1.6 P.M. Acre 37.7 7.3 8.4 8.4 P.M. Commercial airport Employee 11.6 16.8 26.6 1.0 0.7 1.4 1.5 0.5 0.6 A.M. RgInsiday 2.6 11.8 60.7 0.2 0.1 0.2 0.2 1.9 2.1 P.N. Commercial flights/day 77.9 84.6 3.0 2.0 4.2 4.4 2.7 2.9 P.M. General aviadon airport Employee 6.5 122.0 - - - - 0.2 0.3 P.M. Fligbts/day 1.0 3.1 10.3 0.2 0.2 0.2 0.4 P.M. Truck terminals Employee 4.2 47.3 7.0 0.3 0.4 0.3 0.3 0.3 0.4 A.M. 1000 Sloss fY 9.9 0.4 0.5 0.4 0.5 0.4 0.5 Acre 66.2 81.9 100.1 3.1 4.6 3.0 3.4 3.1 4.6 Industrial-getters] Employee 1.4 3.0 15.7 0.5 0.6 0.6 A.M. 1000 gross W 0.5 5.4 52.0 0.8 1.0 1.0 A.M. Acre 3.5 59.9 441.2 9.3 12.0 11.5 A.M. Genera]light industrial Employee 1.5 3.2 4.5 0.7 0.1 0.3 0.5 0.3 0.5 P.M. 1000 gross f2 1.6 5.5 16.9 0.8 0.2 0.3 0.6 0.3 0.7 Acre 5.2 52.4 159.4 18.2 3.3 6.9 13.6 6.9 13.3 General heavy industrial Employee 0.7 0.8 1.8 0.4 0.6 0.3 A.M. 1000 Stow fl° 0.4 1.5 1.8 0.5 0.2 0.7 A.M. Industrial park E-pfoyee 1.4 3.9 8.8 0.5 0.2 0.6 0.2 0.5 P.M. 1000 gross ft° 0.9 7.3 37.0 1.0 1.2 0.9 P.M. Acre 13.9 56.1 441.2 7.9 2.8 10.0 8.0 P.M. Manufacturing Employee 0.6 2.0 6.7 0.4 0.2 0.2 0.4 A.M. 1000 8TH ft2 0.5 4.0 52.0 0.8 0.8 0.8 A.M. Am 2.5 38.3 396.0 7.3 8.4 9.0 A.M. Warehousing employee 3.0 4.3 15.7 0.5 1.4 1.4 A.M. 1000 gross ft 1.5 5.0 17.0 0.6 1.6 1.6 P.M. Acre 42.5 62.0 256.0 9.8 20.2 20.0 A.M. Military bate Employee 1.0 1.8 4.1 Vefucle w 0.6 0.9 2.3 _-- �,/j !]ettteonry school _._. _ +\ Employee 4.5 13.1 26.4 2.9 0.3 3.4 A.M. utile- 0.5 1.0 1.8 0.2 0.0 0.3 �school _. Y _...-- ------ Student 0.7 1.4 2.5 0.3 0.2 0.3 A.M. Employee 4.0 455.0 937.0 3.5 luoioNoon-tnity college Strident 0.9 1.6 2.9 0.2 0.0 0.0 0.1 0.2 0.0 A.M. University student' t 1.4 2.4 3.9 P.M. library Employee 36.8 51.0 81.9 3.8 3.4 P.M. 1000 gross W 41.8 3.0 2.7 P.M. Hospital' rya 2.2 5.5 11.1 0.3 0.4 P.M. Bad 3.0 12.2 32.8 0.5 0.9 P.M. 1000 Foss ft° 16.9 2.3 Nursing borne Bad 1.9 2.7 4.0 0.1 0.2 0.4 P.M. Clinic(reseatcb and Special cases) Emlloyea 5.9 0.6 P.M. 274 Transportation and Traffic Engineering Handbook MMI AGENDA Dy {TEM# M E M O R A N D U M TO: City Council March 14, 1989 VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director J'M� SUBJECT: APPEAL OF CONDITIONAL USE PERMIT11 88) APPELLANT: Myron Nalepa, et al LOCATION: 3025 Monterey Road REQUEST: To allow for the development of a 4, 185 square foot Montessori School on a 2 .46 acre site. BACKGROUND: On February 7 , 1989, the Atascadero Planning Commission conducted a public hearing on this subject. On a 5 : 1 vote (Commissioner Waage agsent) , the Commission approved the use permit request with modification to condition #5 . Public testimony was given as reflected in the attached minutes excerpt. On February 17, 1989, the Planning Commission' s approval was appealed by Myron Nalepa and other concerned neighbors . ISSUES: The appellants have f-ocused primarily on septic suitability and traffic in their appeal. The applicants conducted five positive percolation tests on the property and, as with any project beyond the Urban Services Line, building plan approval will require approval of detailed plans for an on-site sewage disposal system. With regard to traffic impacts, the City Engineer has prepared a detailed report which is attached hereto advising that there has been a misinterpretation of engineering standards in the appellants' arguments. RECOMMENDATION: Uphold the Planning Commission' s approval of Conditional Use Permit 15-88 and deny the appeal . cc: Myron Nalepa, et al Steve & Korey Dudley Garcia/Myodo Architects Attachments: Appeal Letter Dated February 17, 1989 Staff Report Dated February 7 , 1989 Minutes Excerpt - February 7, 1989 City Engineer' s Response - February 22, 1989 FEB 1 19g9 February 17 , 1989 Atascadero City Council Atascadero, CA 93422 Re : Appeal of the Approval of the Condition4l Use Permit to Operate a Montessori School in a Residential Suburban Zone at 3025 Monterey Road . File No . : CUP15-88 . On February 7 , 1989 , the Atascadero Planning Commission, on a vote of 5 to 1 , approved the conditional use for establishment and operation of a Montessori School . The following appeal is • filed due to the fact that two of the seven findings for approval of the conditional use cited within Exhibit "G" of the staff report are unfounded giuen the present engineering standards for roadway capacities obtained from the City of Atascadero Public Works Department . Further representations presented verbally to the Planning Commission by Planning Department staff of additional traffic venerated by the conditional use were grossly underestimated . Also, the negative impacts of the conditional use were not mitigated through added conditions of approval that should have been included in Exhibit "Et" of the staff report . The attached letter to the Planning Commission with the engineering criteria for road design utilized by the City of Atascadero Public Works Department indicates the maximum safe volume of traffic on Monterey Road to be 1 ,000 average daily one-way trips for a 24—hour period . The latest traffic count available to the City of Atascadero Public Works Department occurred in 1978 and concluded at that time 810 average daily trips on Monterey Road per 24-hour period. During the past 11 years Monterey Road School has expanded from 500 pupils to 860 Pupils in 1388 . Also residential development has occurred along Monterey Road and in Long Ualley Ranchos which utilizes access to Lhe proposed monte.&sor.i School tt►rough craves Creek Road . It can reasonably be concluded that Monterey Road is • presently at M.-AXiffiUM e.apac.ity :and to appi•oue a conditional use Atascadero City Ouncil Page 2 February 17 , 1989 which generates traffic. beyond the residential zoning will be • beyond the safe capacity of the exiting roads and will also be detrimental to the safety of the general public or persons residing, working, or attending school in the neighborhood of this use. It should be noted that in order to expand Monterey Road, which is currently a 40 foot right-of-way , would involve. the City allocating funds to obtain a 42 foot right-of-way and a major reconstruction, which is the minimum standard currently utilized by the Public works Department to exceed 1 ,000 average daily trips in a 24-hour period . During discussions by the Planning Commission prior to approval of the conditional use, the Planning staff was asked as to the estimated additional average daily trips which would be generated by the establishment of the Montessori School . Staff responded that approximately 60 average daily trips woyld be generated by this use . Examining this estimate and utilizing two one-way trips to drop off a student and two one-way trips to pick up the student at the end of the day indicates four average daily trips per student . The figures supplied by the Planning staff to the Planning Commission would result in only 15 students being transported to and from the Montessori School site . This estimate provided to the Planning Commission is totally unrealistic as proposed use contemplates 108 students , the majority who are in the pre-school and toddler program, and • also seven staff members . A very conservative estimate of increased average daily trips would be' between 200 and 300 additional average daily trips -. This increase would indicate generating a volume of traf=fic at 20% to 30% beyond the safe capacity of Monterey Road . It was proposed to the Planning Commission that a possible solution to the problem of this excess traffic would be the requirement under conditions of approval for proposed use, that the school provide buses to transport the students to the location on Monterey Road . Further it was pointed out that this method of alleviating traffic was consistent, enforceable, and verifiable. The applicants indicated at the Planning Commission meeting that some of the sL-ude.nL•s are involved with car pooling, however, this does not appear to be a solution as car pooling is neither enforceable, consistent, or verifiable . Consequently it is felt that either the applicant should be required to conduct a Focused environmental impact report concerning traffic and mitigating measures , or that the City of Atascadero require an additional condition of approval in Exhibit "H" of the staff report that sufficient bus transportation be utilized to insure that the majority of the students at the Montessori School are transported to the location thereby mitigating additional Lraffic beyond safe Atasc.adero City O ncil • Page 3 February 17 , 1989 capacity of the exiting roads _ Certainly if the conditional use is allowed with the knowledge that the safe capacity of the roads are exceeded, then the City must assume all liability for any injuries or fatalities which occurred because of a known detriment to the safety of the persons residing, working, or attending school in the neighborhood of the conditional use . It was also pointed out to the Planning Commission that the utilization of a septic . tank and leach field disposal system for waste generated by the 108 students and seven staff members at the Montessori School might pollute Graves Creek which borders the site of the proposed use on three sides . Planning Commission member George Highland pointed out that he. observed Graves Creek to overflow during wet years in 1969 and that the site of Lhe proposed use was under water . Given that the proposed site is designated for single family residence generating a much lower volume of effluent it is felt that additional data should have been supplied by the applicant concerning mitigation of any seepage from the leach fields into Graves Creek which would result i.n pollution of the creek and any downstream wells . These consequences would be detrimental to the health of the general public or persons residing in the neighborhood . At the time of the Planning Commission meeting it was represented by the Planning staff that if a septic • system failure occurred, then a possible solution would be the site would receive sewer service . However, it is felt that in all fairness to the applicant as well as the citizens of Atascadero, these impacts should be solved prior to approving the conditional use instead of after problems ,arise . Consequently it is recommended that soil analysis and the engineering reports be provided to the City confirming that the septic system and the leach field designed to accommodate 115 persons is realistic considering the location of the system approximately 100 feet from the creek banks . Information should have been provided and analyzed by Planning staff prior to the recommendation for approval of the conditional use . Problems with seepage of effluent have occurred in the Atascadero Lake area which required sewer lines being installed . This seepage occurred in residential use and the more intense use of a school and its effect upon the creek should be. investigated and conclusions made through the presentation of hard data instead of assumptions that a system can be designed which would not impact the creek . It was evident during the Planning Commission meeting that the Montessori School is viewed as an asset to the community and certainly this point will not be disputed . However , the .location of this particular- conditional u.e is impacL-ed by an existing elementary school and the verifiable fact that • Atascadera City 0 uncil ' Page 4 February 17 , 1989 Monterey Road is currently operating at the maximum volume of traffic tor• the design of the roadway . It is reasonable to request that mitigating measures be incorporated in the conditions of approval to insure Lhe safety of the persons residing, working, and attending school in the neighborhood . Municipal planning is based upon a pro-acture approach solving potential problems prior to the construction of projects instead of wishful thinking that obuious. and potential negative impacts of a conditional use can be somehow solved at a later date if enough money is applied to the. problem. It appears that in the best interest of the neighborhood , ' the City at large, and the applicant, the negatiue impacts of the conditional use should be solved at the present to avoid liabiliL-y on the part of the. City of Atascadero or additional requirements imposed upon the applicant at a later date . Hopefully the conclusions of the City Council will beebased upon logical and reasonable planning practices rather than rushing into emotional decisions without regard to consequences on the community . Thank you. Myron Nalepa • 2400 Monterey Road Candace Nalepa 2400 Monterey Road Fred McGaughey 2585 Ardilla Rick Gee 5200 Monterey Court • • February 7 , 1989 Planning Commission City of Atascadero Re : Consideration of a Conditional Use Permit to Operate a Montessori School in a Residential Suburban Zone at 3025 Monterey Road Meeting Date: February 7, 1989 . • File Number : CUP15-88 . The City of Atascadero Planning staff report recommends approval of the requested conditional use . It is felt that the findings for approval contained within the staff report were based upon incomplete information received from either the applicant or outside departments . Consequently it will be recommended that the conditional use be denied or the Planning Department staff begin review of the application for conditional use with the input of new information and/or require additional conditions of approval . Specifically the staff report found : "The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volumes of the surrounding neighborhood that would result from the full development in accordance with the hand use elemont." .Planning C.ommiss • City of Atascadero Page. 2 February 7 , 1989 • The City of Atascadero Public Works Department currently utilizes the County of San Luis Obispo specifications for safe . capacity for volume of traffic in regard to road design. The volumes of traffic are expressed. in units of "average daily traffic" abbreviated as A .D.T. Simply put this is a number of one-way trips for which the roact is designed over a 24 hour period . The roads providing access to the proposed project are Monterey Road and Graves Creek Road . The existing width and shoulder distances of these roads conform most closely to the attached specificaL-ions indicating a range of between 250 and 1 ,000 average daily trips as a safe capacity for these streets . Most recent traffic count available to the Public Works Department was conducted in 1978 and indicated 810 A.D.T. During the past 11 years Monterey Road School enrollment has risen significantly and additional residential development has occurred in Long Valley Ranchos as well as along Monterey Road . Further, full build out of the area is not complete . It can be reasonably concluded. that the roads providing access to the proposed project are either at or above safe capacity at the present . Consequently , it should have been concl°sided that the proposed conditional use would generate a volume of traffic beyond the safe capacity of the existing roads providing access to the project . The possible solution to the problem of excess traffic beyond the safe capacity of existing roads would be to down scale the proposed use and add a condition of approval that the school bus the students to the location on Monterey Road thereby reducing the volume of traffic . Another alternative would be to conduct a focused environmental impact report concerning traffic caused by the conditional use and propose mitigating measures . Required car pooling is not an alternative that is enforceable or consistant . Another finding for approval of the conditional use states , "The establishiaent and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the u-;e, or detritaent.al or injurious to property or improvements in the vicinity of the use. Planning Cnmmissio City of Atascadero Page 3 • February 7 , 1989 As previously noted exceeding safe capacity of the existing roads will in fact impose a detriment to the safety of the persons who are residing or working in the neighborhood . The detrimental effects of increased traffic beyond the capacity of the roadways not only endangers the operations of vehicular traffic but also of the children who commute to Monterey Road School as pedestrians or on bicycles . Further it should be noted that configuration of the roadway directly in front of the proposed conditional use site is elevated producing a "hump" in the roadway which results in the loss of a line of sight for vehicles traveling northbound on Monterey Road across Graves Creek Bridge and proceeding past the proposed use site . Given that the proposed use site has designed a one-way entrance and exit the location of the exit would be out of the line of sight of northbound traffic continuing on Monterey Road . This particular design would not allow this traffic to reduce speed and avoid traffic collisions with vehicles exiting the proposed use site especially if exiting vehicles proceed northbound on Monterey Road . Also the Planning staff report noted that . the Atascadero Fire Department expressed concern of the need for clarification of the ane-way access designed into the proposed use and it appears that this concern should be investigated . • Additionally in regard to the proposed use being detrimental to the health, safety or welfare of the persons residing or • working in the neighborhood, the impact of the sewage disposal system upon Graves Creek has not been adequately addressed . The proposed use site is not sewered and is bordered on three sides by Graves Creek . The proposed use utilizes a septic tank and leach field to dispose of waste generated by the conditional use . Normally a septic system utilized for a single family residence on this parcel would not impact the creek as the system would only be accommodating between four and six persons . However the proposed conditional use indicates a septic tank and leach field system which would accommodate 108 students and seven staff members . Item #12 Exhibit G in the sL-aff report indicates that the applicant ' s representative spoke with employees of the Fish and Game Department concerning the effect of the proposed use upon the creek . Apparently discussion involved a possible erosion of the creek banks because of development of the proposed site . It should be noted that persons contacted with the Department of Fish and Game, Glenn Sparks and Alan Huckaby , are game wardens whose backgrounds are in wild life management . Apparently there was no discussion of the fact, that the proposed use would involve a 3 ,000 square foot septic_. system • Teach field approximately . 100 feet from Lhe creek bank . The information supplied by the applicant and staff report does not Planning Commis • - g ek City of Atascadero Page 4 February 7 , 1989 • contain any data concerning the porosity of the soil at the proposed use site to. determine if the leach field effluent will seep into the creek causing pollution. Certainly the circumstance has occurred with much smaller systems in the Atascadero Lake area which eventually led to the installation of sewers because of these problems _ Further any pollution to the creek would be, detrimental to the safety of the neighborhood as children in the neighborhood do spend time playing in the creek areas . Also any water wells downstream from the proposed use site location would be contaminated by the effluent seepage. Possible solution in regard to the concern to the septic system would be soil analysis by an engineering firm to determine the impact upon the creek by this septic system and leach - field which will have to be designed to accommodate 115 persons . Soil analysis and the recommendations by a reputable engineering firm should be completed prior to approval of the conditional use. Then necessary mitigation could be incorporated into the design of the construction of the proposed use to insure integrity of the creek which borders this property on three sides . These determinations could be accomplished and mitigation recommended through the focused environmental impact report prior to the approval of the. • conditional use_ Thank you . Myron Nalepa 2400 Monterey Road Atascadero, California i ADOrovo/s Revisions 4 jV Carver,EoIlw..r ` Ori.riill.. l�elowr...I�1 h 00/✓7 Co.Ear• f- 36, it• 6• 2' 1 • 2~min.Typo B"A.C. Gloss 2L or=A94- Soso T+•���•��•• Typical Typical •, 14. S• Fy a 3•• t a' - S. Asphalt dike and Paved shoulders to be Installed 400-1000 FUTURE A.D.T. where needed to control FLAT & _ROLLING NOTE• As an alternate dwtnagt or erosion the Choker can be ellenteoted and the ey* ' base. Carried to.t o hFnQe point 111 34• • tt• i t, :z �� TeX ;(E• :.3 3 f, }� 34• Yi ►< t4. 4 -.� 't 2o# t Xi tt'ri 'r 400-1000 FUTURE A.D T. j - MOUNTAINOUS .. v .,+C..- •��,IM•' .,'.:"�R`k�AC"1'i�eldfies?_sf+i1�K' 3I�1!t+.'-._ i..r�..�lM�'.4:` Y.. •.�'.r J' t _ �.. ' JVD•.. Soec,!lcanar Ad. COUNJ'Y 4f SAN mild OB/SPO Na. 1NaIN[L/pwt OI�A�rTYlNr 1 a TYPICAL SECIONS AL Ola ell.0".. S ' 1 NKM.+wnitl O/Owo•dl Com•Enr. lit -low i 2 8. 4 2' 4 P. Uce _ •• 27JMIn.Zy e'g"A.C. Class 3C or IIL A49.8060 �/e•.,��' Typical Typical 28 • i to 13 t3• 2' -tr ' I ZZy Asphalt dike and paved shoulders to be Installed nd Where needed to control UNDER 250 FUTURE A.D•T � NOTE% As an alternate drainage or erosion the choker can be eliminated and the agg. base carried to the 30' hinge point 4• 10• 10• '�• 2 t% TF 30' 3. t7O 1' 13• 13' i Ii I` 250-400' FUTURE A.D.T. SpeC1frcar•am Rt/ COV!,-y r,F SAV Li//S C6/SP/i M SENO SCALE [,vs.neloto" 01iAwrW"Vr - TYP1 CAL: SECT 10NS. ._ RURAL i A-� t a� 3/14/89 COUNCIL AGENDA, ITEM B-1:; �( PSE REPLACE PAGES 1-2 OF TI,Wr' REPORT DATED 2/7/89 WITH THE ATTACHED. City of Atascadero Item 3-1 • STAFF REPORT FOR: Planning Commission Meeting Date: February 7, 1989 BY: Joel Moses, Associate Planner File No: CUP 15-88 SUBJECT: To allow for the development of a 4, 185 square foot Montessori School on a 2. 46 acre site. The school will ultimately serve a maximum of 108 students with 7 staff members. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . .Steven & Korey Dudley (Children' s House Montessori School) 2. owner. . . . . . . . . . . . . . . . . . . . .Gary Buriello 3. Representative. . . . . . . . . . . .Garcia/Myodo Architects 4. Project Address. . . . . . . . . . . 3025 Monterey Road • 5. Legal Description. . . . . . . . .Lot 43, Bl-k. 23, (Atas. Col. ) 6. Site Area. . . . . . . . . . . . . . . . . 2. 46 acres 7. Zoning. . . . . . . . . . . . . . . . . . . .RS (Residential Suburban) 8. General Plan . . . . . . . . . . . . .Suburban Single Family 9. Existing Use. . . . . . . . . . . . . .Vacant 10. Environmental Status. . . . . .Negative Declaration Posted January 25, 1989 B. ANALYSIS:- The NALYSIS:The applicant currently operate a school at 8600 Atascadero. They rent their current site and are now attempting to establish a permanent site for their Montessori School. After examining several potential sites within the City they have applied to construct their 4, 185 square foot school adjacent to Graves Creek and the existing Monterey Road Elementary School. The school would have a potential population of 108 students and 7 staff members. 1 • 0 The General Plan designates the site as Suburban Single Family. The establishment of a school would not be inconsistent with that designation. The site is outside the Urban Services Area, however, there is no inconsistency with having schools outside the Urban Services Area. Monterey Road is designated as an undivided arterial in the Circulation Element, making the access more suitable for a school . The City is in the process of reconstructing the existing Graves Creek Bridge adjoining the site. The reconstruction will widen the existing bridge and add a pedestrian walk. The adjoining Creek area is designated for Creek reserve and is currently under private ownership. The General Plan Public and Quasi-Public Element addresses only the need for public schools. The proposed school would be consistent with the General Plan and its policies. The Zoning Ordinance allows for the establishment of a school within the RS (Residential Suburban) Zone subject to the approval of a Conditional Use Permit and specific development standards (Sec. 9-3. 143 (c) & Sec. 9-6. 125) . The approval is subject to the required findings listed in the Zoning Ordinance for CUP' s. These six findings cover the standard areas of concern and potential impacts caused by the school. The Zoning Ordinance development standards require that schools be located no closer than 1,000 feet to CS, CPK, IP & I zoned parcels and 500 feet to CR zoned parcels. The site meets these distance requirements. Parking standards are also set by this section, requiring 2 stalls per class room and 1 stall per 100 square feet of area designated for administrative work. With 4 class rooms and 800 square feet of administrative area, a total of 16 stalls is required. The site plan shows 16 stalls and an area for future parking that may be needed for future expansion of the area. Additional standards for the preschool portion of the school requires a minimum lot of 6,000 square feet, the fencing of play areas and the setting of parking requirements through the CUP process . The site is 2.46 acres which exceeds the minimum. Fencing will be required as a part of the development of any outdoor play area for preschool use. A designated drop off point will also be needed in the parking area. In reviewing the architecture of the school, it must be noted that the structure will not resemble a typical single family residence. In the case of a school and this site, there is no need to make the school blend into the residential area. The adjoining parcel to the north is vacant and Monterey Road School adjoins the site to the south. The applicant has engaged an architect to design the structure. The building is proposed to use some painted metal elements . The plan does meet the standards set by the City' s Design Review Manual (color board and color elevations are available in the Community Development 2 • Department) . Comments were received from several outside agencies. Our Fire Department noted some concern with the need for clarification of the one way access. The Building Division noted no problem with the proposal after reviewing the pere tests submitted as long as the existing codes and standards are followed in the development of the parcels. Public Works noted the need to coordinate the development of street improvement on Monterey . with the Bridge work being done. This site was reviewed for archeological resources with none found. C. RECOMMENDATION: Staff recommends approval of Conditional. Use Permit 15-88 based on the Findings in Exhibit G, and subject to the Conditions of Approval (Exhibit H) . JM/jm ATTACHMENTS: Exhibit A - Location Map Exhibit B - Site Plan • Exhibit C - Elevations Exhibit D - Floor Plan Exhibit E - Landscape Plan Exhibit F - Developers Statement Exhibit G - Findings for Approval Exhibit H - Conditions of Approval 3 • • ifilY►`� � X111 •�� �� �j�1 �.�,t �III� �� ,. � 11 • iu/a�uiri i� a '�► �'�► � • __'fir r♦ �' =._ ■a►�°j�V � �` ��� �� �� rWill , a ,. �� �tI �tlnwl�l�nnmm uriri ` Xv WANE �. ►1 ■ � 1 v • EXFIBIT B — SITE PLAN CITY OF ATASCADERO 3025 Monterey Rd. I OR "�� 1979- C.U.P. 15-88 COMMUNITY DEVELOPMENT Buriello/Dudley DEPARTMENT b w 4• i4 tYI X71.♦ _ ♦ i \ I b I I .a ,+-o- Yt. t ♦�. PATIO �s t lana .e13 GRAVES .mow o I 7 1S`aSw� •♦\. —�-- — ,-- , �_I o CPEEK jLit— OUR=AW I st ve--Z 5r-. CO 31PLAY YARD , \ - FENCED s . � __ 4 f T\\ aKwwlyew�i •�� ( I t III go .0 .ed rd seL• ,1 Vs. R .—.l 0SCHEMATIC SITE PLAN a ELEVATIONS CITY 'PF�( • • • • 3025 Montereyr• CAD COMMUNITY DEVELOPMENT�10 — • • — DEPARTMENT 64 r mammmm 0 EAST ELEVATION mm,FPA t4fts- a, L :. ��:�� ��,. h� �� Imo; r u16 SiIL Ray i:irirr�u:::::: • • \ooi�� �!'� I 1anvY a tf\ �M r:::.rrr \\O\ `1 ) �". . .•{PitR1 I is Efi. o�arex — • --- -- WEST ELEVATION C-) w cc Uji .ul... 0 .� • ��' IIIIIIIIII111!l11IIl1i�111III!!I!I!!1!!1!I! �� cn UJ• NORTH ELEVATION Lu 0 Lu etD. UA - ca ■I �a_.fes.■ - 1 IIIIIIIIIIIII111°�:���IIIIIIIIIIl�tlil!°= -=-1� Il�iJJ l//1��!! 0 • • �O • 7�VFzT7�= FLOOR PLAIT LA1_ll7_1 D ��h.,.. . , . CITY OF ATASCADERO 3025 Monterey Ra. -7 C.U.P. 15-88 p�+►scanu' COMMUNITY DEVELOPMENT suriello/Dudley • ; , DEPARTMENT PATIO AW ; --i r---j 4 �i.EiaErrT n PRESCHOOL O s s ENTRY }JtYCJk#iE. PATIO r COURT LM J i T P a PATIO JL 0 2 4 8 16 SCHEMATIC FLOOR PLAN O EllHIBIT E' - LANDSCAPE PLAN- 3025 Mone Rd. CITY OF ATASCADERO Monterey C.U.Q. 15-88 Buriello/Dudley sc2►nf COMMUNITY DEVELOPMENT • DEPARTMENT z g k r N z i _ J J � a a W 4 J 2 � � z v u N y 013 0 IV arso ir..e �♦v�e.e♦ r �� � Trr r...ar.til t �� I.Mviyyp suH vp,� ?w '-V.3017.1119 ..� rrnrl ��r �EZ),__ T F - DEVEL.STATEMEI1 CITY CSE ATASCADERO ,d,B� 3025 D?onterey Rd. ` �asc,n> COMMUNITY DEVELOPMENT C.U.P. 15-88 Buriello/Dudley DEPARTMENT GARCIA / Myodo ARCkITECTURE DESIrN 2 A w 1, ■ 23 October 1988 t V-;i ?; Steve & Korey Dudley Children's House Montessori School 8600 Atascadero Avenue Atascadero CA 93422• Subject: Schematic Design Documents Response to City Preliminary Review Dear Steve IS Korey: Attached are drawings which have been revised to include responses to com- ments made by the City in their recent preliminary review of the project. I have numbered my responses to coincide with their numbered review comments (copy Attached), and include references to phone conversations I have had • with various agency officials regarding the project: 1. One-Way Drive & South Entrance: I spoke with Harry Parsi of Atascadero Public Works (14 OCT 88) to dis- cuss our intentions in using a one-way drive as one of the entries, which he agreed to consider with our formal submittal (there is evidently no absolute restriction against such drives if safety and logic are enhanced): - creates one-way traffic zone for daily pick-up/drop-off activities, making it simpler and safer for both vehicles and pedestrians to cir- culate through the parking Lot with young children present. - places passenger side of vehicles carrying children directly adjacent to the entry walkway and school building, where children are most Like- ly to be leaving their vehicle (very important where a number of vehi- cies are arriving and leaving in a short period of time, often hurred- Ly). - leaves the most amount of site area available for Landscaping and play yards, minimizing the extent of the less-desired asphalt paved surface. - reduces the amount of cross-traffic and turning near the Monterey/ Graves Creek intersection by excluding vehicle exiting there, there- by enhancing safety at this confluence of roads, bridge and creekside foLLiage. - school users are generally long term/return clients who will quickly accept the one-way pattern and who will recognize and appreciate its, greater efficiency and safety. 2. Trash Enclosure: Added at north end of building, directly accessible from the parking lot • and including screening for propane gas apparatus.It is 5 feet high, of solid wood construction matching nearby fencing, and sized per your conversation with WiLmar Disposal. i� .. . . � CITY OF ATASCADERO r . ,I 1978-7 ascan- COMMUNITY DEVELOPMENT DEPARTMENT Children's House 23 October 1988 Page 2 3. Exterior Lighting: A low level lighting scheme is proposed, in consideration of nearby residential buildings. Hooded wall wash lights are used over exterior building entrances (fixture type 1-attached) and ground mounted up- Lighting is used at monument sign and at tree clusters proposed for driveway entrances (fixture type 2-attached). 4. Monument Sign: Of painted wood or metal construction, approximately 4 square feet in area, with no internal lighting- uptight per item 3 above. Color and graphics will be used to identify the school, to be determined in the construction documents phase, and will be submitted to the City at that time for their final review. 5. Bridge Improvements: The proposed improvement- addition of 10'width to accommodate new pe- destrian walkway- and its' effect on the project site is shown on the • site plan. Since the bridge project is not a part of this project no details are provided. In anticipation of possible future extension of the walkway no site development is proposed within the first 35 feet of the project front yard (10 foot path area + 25 foot front yard setback). 6. Creek Access: I have noted on the site plan that you are currently discussing with the City the concept of a creekside public pathway along the borders of the project site, including area requirements, liability, security, com- pensation, and other issues. No building or site improvements are propo- sed for the area under discussion, thereby presenting no restrictions to future development of this area, should it be required. 7. Landscape Data: All landscape, irrigation and play yard elements are being developed and documented by you, the owner, for your direct submittal to the City. 8. Septic System: Per your instructions I have relocated the septic tank and leach fields to the rear yard, maintaining minimum 100 feet of clearance from the adja- cent creek banks as described in your topographic survey. Vehicle access has been provided across the north patio for septic service, emergency vehicles (fire/ambulance), and general maintenance vehicles. Actual final septic construction documents will be provided by your civil engineer and will alter, as required, this conceptual layout. After speaking with Bill Wittmeyer of Atascadero Building Department M OCT 88) I recommend that you request a preliminary site inspection to confirm the accepta- bility of the proposed septic system location and layout. Normally this • inspection is done only after submittal of documents for building permit. 9. Police Background Check: To be coordinated directly by you, the owner. CITY OF ATASCADERO �-y s,,, -' ascan— COMMUNITY DEVELOPMENT . DEPARTMENT Children's House 23 October 1988 Page 3 10. Building Height: Elevations now show a maximum building height at the top of the tower of approximately 21 feet. 11. Driveways & Parking: Asphalt paving is proposed, with a sand/gravel-adhered top coat. This top coat should present a natural, textured appearance, emphasizing the semi-rural surroundings, reducing heat gain, and providing for medium intensity vehicle traffic with good performance and minimal mainten- ance. I spoke with Joel Moses of Atascadero Planning (13 OCT 88) who felt that, given the above level of traffic, a cement-stabilized all- weather paving surface would also be acceptable. I would like to discuss this option with your paving contractor at the appropriate time to de- termine durability, cost, maintenance, etc. of such a surface. 12. California fish & Game Dept: I spoke with Glenn Sparks (19 OCT 88) and Allen Huckaby who described • the department's review responsibilities as being confined to the effects of erosion, sedimentation and siltation of the creek and its associated riparian area. Since the site is relatively flat, with all development held within the open meadow area, and with some distance between the parking lot and the creek banks, no such detrimental effects are an- ticipated from the project. Note/Neither the fish & Game Department nor the City have any requirements for controlling or containing rainwater run-off from a project of this type, except as it may contribute to erosion near the creek. As stated above, no such erosion is anticipated and the proposed parking lot run-off is therefore being allowed to flow toward the north end of the meadow as it does currently on the site. 13. Appearance Review: - site plan - grading and drainage now indicated. - screening of service area now indicated. - underground utilities now indicated. - lighting and creekway addressed above. - building design a color board is enclosed, and color code symbols added to building elevations for reference. The color scheme is developed to be subtle yet attractive to children, and to provide for both contrast and connection to the surrounding meadow, folliage and sky. Soft and muted colors are proposed, with a final color adjustment to be made in the field during construction by way of test areas directly on the building itself. - a limited but varied palette of materials is proposed- plaster, wood, concrete and metal- in keeping with Montessori's tradition and emphasis on simple, natural elements and processes. All can be found in surrounding residential and rural use structures, and will be finished to enhance their natural character: concrete paving and stucco walls with integral mineral color tinting rather than y CITY F ATASCADERO r-SsclniB ' COMMUNITY DEVELOPMENT DEPARTMENT • Children's House 23 October 1988 Page 4 paint, to retain their natural texture and to offer a slightly varying surface color; rough-sawn solid wood enclosures and tex- tured/scored plywood walls, with semi-transparent stained finish to visually retain and emphasize the character of the wood grain. I spoke with the Planning Department and understand the City's concern about the overuse and potential commercial appearance of most metal panel systems. I would like to make a distinction, how- ever, between the spate of cheap, brightly colored commercial metal building products used so frequently.and thoughtlessly, and what we are proposing for use on your school; an unpainted galvanized or tern-type metal finish that will weather and color with age, and that presents an honest and characteristic sense of metal as a building material. It is not our intention to use a material which suggests thoughtless expedience, but to select and detail a material traditionally used in rural architecture, that connects well with that tradition, and that improves with age. Our use of metal is both . Limited and concise- shown only for sloped roofs (approximately 10% of total roof area) and the school's entry tower (approximately 5% of total exterior wall area). We feel this material, as we plan to design and detail it, will make a small but important link (and therefore contribute to) this older rural tradition. * Unnumbered Comments: play area fencing: front yard fence is b foot high solid wood with an ad- ditional 2 feet of open wood lattice. Side and rear yard fencing is shown as field fencing per your request (metal stakes and smooth variable mesh wire fabric common to the residential and rural sites in that area; set slightly inside the tree line to make some of the creekside woods accessible to children for play, exploration and nature study. turning radius of corner at north end of one-way parking lot is increased to 20 feet to accommodate emergency and fire vehicle circulation. pedestrian/bike path, edge of bank data, bridge improvements and septic system data is as previously described in this letter. Landscaping is to be prepared by you, the owner. signage is as previously described in this letter. Please call me upon your review of the attached drawings and comments if you have any questions or information you wish me to add. It might be helpful to pass a copy of this letter on to the City to assist them in their eval- uation. of the design and site plan as currently proposed. jen truG rcia AIA 0 • EXHIBIT G - FINDINGS Conditional Use Permit 15-88 3025 Monterey Road Buriello/Dudley February 7, 1989 FINDINGS FOR APPROVAL 1. The proposed use is consistent with the General Plan. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. • 5. The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project , either existing or to be improved in conjunction with the project, or beyond the normal traffic volumes of the surrounding neighborhood that would result from the full development in accordance with the Land Use Element. 6. The proposed use is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution o f the City Council. 7. The proposed project is in compliance with the City of Atascadero' s Appearance Review Manual Guidelines. JM/jm • EXHIBIT H - CONDITIONS OF APPROVAL Conditional Use Permit 15-88 3025 Monterey Road Buriello/Dudley February 7, 1989 CONDITIONS OF APPROVAL 1. All construction shall be in conformance with Exhibit B (Site Plan) , 'Exhibit C (Elevations) , Exhibit D (Floor Plan) , Exhibit H (Conditions of Approval) , and shall comply with all City Codes and Ordinances. Any modification to this approval requires approval by the Community Development Department prior to implementing any changes. 2. The site plan shall be revised to show one way traffic for both driveways or the plan revised to provide a City standard turning area in the parking area. A drop-off area shall also be provided. The specific details to be approved by the Planning Division prior to the issuance of a Building Permit. 3. All Uniform Fire Code and Uniform Building Code requirements shall be met to the satisfaction of the City Fire Marshall and the Chief Building Inspector prior to the occupancy of the existing structure. 4. All conditions approved herein shall be complied with prior to the occupancy of the building. 5. All overhead utilities shall be undergrounded as a part of the development of the property. 6. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 7. Grading, and Drainage plans, prepared by a registered Civil Engineer, shall be submitted to the Community Development Department for review and approval by the Community Development and Public Works Departments prior to the issuance of any building permits. 8. Developer shall obtain an encroachment permit from the City of Atascadero Public Works Department, prior to the issuance of a building permit for improvements in the public rights- of-way. Developer shall also sign an inspection agreement guaranteeing that the work will be done and in conformance with approved plans, and that inspections fees shall be paid. All work required by the encroachment permits shall be completed prior to the final building inspection. The site shall not be occupied prior to the completion of the improvements. 9. Road improvement plans prepared by a Registered Civil Engineer shall be submitted to the Community Development Department for review and approval by the Community Development and Public Works Departments, prior to the construction of the improvements and prior to the issuance of any building permit. Plans shall include, but not be limited to: Monterey Road: Design shall include 5 '-0" walkway and additional paveout to match existing road width and walkway widths along Monterey School. Design shall include measures to protect and preserve trees within the right-of-way, as approved by the Community Development and Public Works Departments. 10. Construction of the public road improvements shall be completed prior to the final inspection of a building or occupancy of the building. 11. Public and Private Improvement plans prepared for the site shall be reviewed and approved by the Fire Department. 12. Prior to the establishment of the use on the site the applicant shall obtain all local and state approvals and • permits to operate a school. 13. This Conditional Use Permit shall expire one year from the date of final approval. A one year time extension may be granted pursuant to a written request filed prior to the expiration date as per Section (9-2. 118) of the Zoning Ordinance. Any further one year time extensions may be approved by the Planning Commission. JM/jm EXHIBIT H - CONDITIONS OF APPROVAL • Conditional Use Permit 15-88 3025 Monterey Road Buriello/Dudley February 7, 1989 (Revised by Planning Commission 2/7/89) CONDITIONS OF APPROVAL 1. All construction shall be in conformance with Exhibit B (Site Plan) , Exhibit C (Elevations) , Exhibit D (Floor Plan) , Exhibit H (Conditions of Approval) , and shall comply with all City Codes and Ordinances. Any modification to this approval requires approval by the Community Development Department prior to implementing any changes. 2. The site plan shall be revised to show one way traffic for both driveways or the plan revised to provide a City standard turning area in the parking area. A drop-off area shall also be provided. The specific details to be approved by the Planning Division prior to the issuance of a Building Permit. 3. All Uniform Fire Code and Uniform Building Code requirements, shall be met to the satisfaction of the City Fire Marshall and the Chief Building Inspector prior to the occupancy of the existing structure. 4. All conditions approved herein shall be complied with prior to the occupancy of the building. 5. All new utilities shall be undergrounded as a part of the development of the property. 6. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 7. Grading, and Drainage plans, prepared by a registered Civil Engineer, shall be submitted to the Community Development Department for review and approval by the Community Development and Public Works Departments prior to the issuance of any building permits. 8. Developer shall obtain an encroachment permit from the City of Atascadero Public Works Department, prior to the issuance of a building permit for improvements in the public rights- of-way. Developer shall also sign an inspection agreement guaranteeing that the work will be done and in conformance with approved plans, and that inspections fees shall be paid. All work required by the encroachment permits shall be completed prior to the final building inspection. The • site shall not be occupied prior to the completion of the improvements. • 9. Road improvement plans prepared by a Registered Civil Engineer shall be submitted to the Community Development Department for review and approval by the Community Development and Public Works Departments, prior to the construction of the improvements and prior to the issuance of any building permit. Plans shall include, but not be limited to: Monterey Road: Design shall include 5'-0" walkway and additional paveout to match existing road width and walkway widths along Monterey School. Design shall include measures to protect and preserve trees within the right-of-way, as approved by the Community Development and Public Works Departments. 10. Construction of the public road improvements shall be completed prior to the final inspection of a building or occupancy of the building. 11. Public and Private Improvement plans prepared for the site shall be reviewed and approved by the Fire Department. 12. Prior to the establishment of the use on the site the applicant shall obtain all local and state approvals and permits to operate a school. 13. This Conditional Use Permit shall expire one year from the date of final approval. A one year time extension may be granted pursuant to a written request filed prior to the expiration date as per Section (9-2.118) of the Zoning Ordinance. Any further one year time extensions may be approved by the Planning Commission. JM/jm • ITEM: A-1 MEETING DATE : 2/21/89 • MINUTES - ATASCADERO PLANNING COMMISSION Regular Meeting Tuesday, February 7 , 1989 7 : 30 p.m. Atascadero Administration Building The qular meeting of the Atascadero Planning Commissio was called o order at 7 :30 p.m. followed by the Pledge of Allegian ROLL CALL Present: Commi ioners Loper-Balbontin, Tob Luna, Brasher, Highlan , and Chairperson Lochri e Absent: Commission Waage (excused) Staff Present: Steven Camp, Seni Planner; Doug Davidson, Associate lanner• Pat Shepphard, Administrative Secretary PUBLIC COMMENT There was no public co ent. A. CONSENT CALE AR 1 . App val of minutes of the regular lanning Commission m ting of January 17, 1989 MO ON: Made by Commissioner Brasher, secon d by Commis- sioner Luna and carried 6 :0 to appro the Consent Calendar as presented. B. HEARINGS, APPEARANCES, AND REPORTS 1. CONDITIONAL USE PERMIT 15-88 : Request initiated by Steve and Korey Dudley to allow for the establishment of a 4, 185 square foot school (Children' s House Montessori School) which is proposed to house a maximum of 108 students with 7 staff members. Subject site is located at 3025 Monterey Road. • At this point, the Planning Commission took a few minutes to review letters received from individuals who were unable to attend the meeting. Steve Decamp presented the staff report on this use permit request. Staff recommendation is for approval subject to -2- • • certain conditions. He then responded to questions from the • Commission. There. was discussion concerning the Graves Creek bridge replacement with regard to the continuity of walkways from Monterey Road School to the proposed Montessori school, as . well as the type of paving most appropriate for this area. Chairperson Lochridge read a letter from Franklin Frank, Monterey Road resident, in support of the project. Steve Dudley, applicant, spoke in support of the project. With regard to condition #5, he asked that it be made clear that this condition apply to "new" *utilities, not existing utilities on the site. He then responded to questions from the Commission pertaining to the landscaping plan, hours of of operation and traffic impacts that could result from the proposed school along with Monterey Road School, etc . Myron Nalepa, 2400 Monterey Road, referenced a letter he has submitted along with City road engineering specifications concerning this project. He expressed concern with traffic impacts that may result and spoke on road improvements needed. Mr. Nalepa suggested possible school bussing as a solution to mitigate some of the traffic impacts . He also - expressed concern with the septic system for the school and felt that a focused E .I.R. is warranted which would address traffic impacts and the septic system. Discussion followed concerning ADT and service levels for Monterey Road. Newlin Hastings, area resident, felt that the timing of the ADTs is more important than the ADTs themselves. He suggested carpooling, a staggering of drop-off and pick-up times, etc. He felt that given the right design of a septic system, those problems can be alleviated, and he urged the Commission to approve the project. n Michael Donovan, area resident, stated his son has attended the present Montessori school for 4 years and noted the school has outgrowm its present site. He felt the proposed location is an ideal setting (many trees, creek setting, etc. ) and asked that this project be approved. Discussion ensued pertaining to what measures would be available if the septic system for the school failed. Mr. Decamp pointed out that problems are not anticipated if the system is properly designed and explained that water loads, etc. are considerably less on a per capita basis for a • school than single family residences. Commissioner Highland expressed concern that parts of this property were under water during the heavy rains of 1969 and P Y -3- • SII 1972 , and felt uneasy about approving this project without a septic system design. Mr. Decamp explained that the struc- ture will not be constructed on the site unless a septic system design can be proven. Discussion continued relative to the lack of sight distance in certain areas of Monterey Road; road width problems on Monterey Road; safety considerations for children walking to school on this road; whether a stop sign would be appropriate at Monterey and Graves Creek Roads . There was discussion on the feasibility of having this project subjected to an annual review process, etc. Mr. Dudley spoke on how he would perceive the annual review for the project and addressed issues regarding the site plan design which allows for an even flow of traffic to and from the school and felt that because Monterey Road is an arterial, a stop sign would not be a good solution. Fred McGauhey, 2685 Ardilla Road, and principal of Monterey Road School, stated he is speaking as an individual . He expressed opposition to any commercialization of property north of Graves Creek bridge noting the recent subdivisions • (Dovica, Las Encinas II, etc. ) which will help contribute to the traffic impacts on Monterey. In speaking as the principal, Mr. McGaughey responded to questions from the Commission pertaining to school traffic, school start-up times, etc. MOTION: Made by Commissioner Tobey, seconded by Commis- sioner Brasher to approve Conditional Use Permit 15-88 subject to the findings and conditions con- tained in the staff report with modification to condition #5 as follows: 115 . All new utilities shall be undergrounded as a part of the development of the property. " The motion carried 5 : 1 with Commissioner Lopez- Balbontin dissenting as he felt there are too many unanswered questions concerning this project. Chairperson Lochridge called a ess at 9: 00 p.m. ; meeting reconvened at 9 : 10 p. . • 2. CONDITIONAL USE .: RMIT 16-88 : Request initi ed by Worthco Inc. (Steven Wing) to consider rynsion to the previously approved monument sign cr ria for Adobe Plaza. Subject site is located at 73 E1 Camino Real. Cot nc 1 _ __.y _ ,�--. . .-: � 'rJin,is ��. �:_ir• :til- �-��-y�r. ''i . . cess baug . Dir'e`-I-or of � y r V'1c,- 1Ly rig i ?er 1:,n-N.:sc-,,1 , Schoo_ Ap pea_-L Sr`n laalepa .--._ n n 9 e : Denial of app edi or encourage withdrawal . bac!"ground: This date 1 received the above appeal in t.r:e fOYm OL -hr i- `aCI:--d ebruary 1- 'letter t0 the Council- dnC'a the "eL�r(iary lei-ter to t'.^.0 Plannipg Commission .?Ti . TR- referenced - :a+ndia:ds W r' • attached to the letters . Disc,assion: When the typical sections from the County standards were ap fror:i the City Engineering Division. the City Engineer was not info--med of t :eir ?-roposed use an{a had no opportunity to exPizLin th' i�s'w= cf. traffic Safety with respect to proposed development . The typiGd Sect10E1s `hat are included here are taken frO=T'i th,? CoL'..^-zly � d=11dr;<ti for your reference and are - -it I ed ix411�: _ A, p .-p . 1 -4. Unfortunately the appellant has grossly misinterpreted the meaning of thie average daily traffic (ADT) shown on these drawings . ,+. is not uncommon to relate ADT to roadway standards and as we �,w I'a V e i 0 11P 1111 g oui own special standards we are conterrplating a referer:ce to ADT in conjunction with the many other design standards . it should he understood =hat the ADT for a design in no way .nfers -ne maximum sate vo dile of traffic" on a roadway, in iaCk.. the ALT has very 1 _ttle to do directly with the safety of a highway, it roes, ,"lowever, have an indirect affect on saLety. An increase in Alli Can contr-lbute to a Greater number of accidents )n a-k existing .._ n�'7 but as .e `":- ' Oi7 increases ti=le pes of accidents 1, t CGng�-S" -y ';"j'ecome lore _ minor with respect to the amc'un_ oL damage ar._ 1_.43 is especially true around school ,i,3 nts d<_iri ig the • pea oi-tr :"atir-) t '{.. a- {ioul3 ..3- f t P .7 .i� Ar� .a t _ .,... ...Citi e C-_��rw -:x ..1 1 ��__•}}.- ,iiFi �.' ac C..��.en+I-s Cv, ATl p a1- -r.1r�rS J ,n c es fl-C lie s - a ewer �!ICYS a u,, e he servJ ce eve 'n ­W(_Iy . o,w, I, e e a I re'e­ nc­ ma r-, a s Nr'1 01 5� S e -:7.C 7 n al n, ng Sy n -,mcu S W! moi; C�-2 7.C, T- n�, 7,na:ft-n-iarll Safe v"D e C _ .Ie 11,6--a i CU f c,r lansate roaas is th e i r c-r e a s eta s D Vas s 7__.at -are Provided fcr increased ADT. As the speeds increase, tae curves are g n e d 1 a' ey, a n Cl h e g ra,d e-s s 1. s r e a s c­- -.4L: 1C.t e 4- t r S wider, 1-nus requiring addit- ionai r: ,=Ij. _­Dt-way : the 7_11 e, din­ terra-in, t.­_ easier _t Sia,' r 0'U n i T11 D V 1-Y J a mol-e accom=dat' ,ng design . '7 e- s 1 and 7,u 1- s ID e_­I- c,:_L :ie a D v t Y a,r el as many c,' t'iese c-laIrt- as -r r�-_- ar,� e 7h T 7 C a s ^-s I n 'ie design worid and each nave severer' -,D 7-eS _y 1 ­i a-_r e o t t y p I c a I i-, -a c a Se exp � ain W i L ca s are mc importantI n t n e des i gn o-1: `:-,ickness 3' the roadbed and surFace . T I-L e r -i parameter called e is a desig-i a a-6 is a measure o.-L' the anticipated a�,.'­ '_.c%a ois o Ved 1- L L -L r om k at -- 4 ' ` Por- "'A valu,� when coli ined Wit te su- OW t1-1 e roadbed determ-11es ` e t 111 c 1:7.e s �D i: p av e iri i e-i t ­ ba, e . L)i is s a measure C, he I e v e i­D-7­3 e ry a Fj '_rozla-,�­�v i CIn comfort eve! , or -; eve-' or congestion . L,:ICL CI p e r..; :C?S wr) e These e r 1 v-1 n C S-0 r-S e r V I C t� g f�_' a S shown on '-he at ach.ed photocopy mar'Ked EXhdbit 2. ar-.(-'L are useful for determining when it becomes economical I y f e as i:-.)I f-- ;r, -s highway , not because a c C Jden i �I p r 10 V f_�_ .-,e capacity o a h.L Cessar,I ,; Y of complaints and the wasr Va tw Ca p a c i n D 1A.rne LY 0Z a 1-0 n e rc�a d roadway always exceerds the d e -7 N 7,- since- we do,nl liesign roads to be c.o_ngesi_e( on -j'urpcse . Safety, on the other hand, is more easily measured by speeds driven with respect 4-r T f L roadway conditions . the road has sharp i_:1-V e or abrupt Changes in grade in a short dis-_an,;-_,e a slow s-3e--d is recommended. As speed increases the stopping sight distanc�e Itecomes critical . Adequate sight distance is related t.o speed and speed is always related to sa-fety. The case in P,-)in-z_ fc�r tn i s ; s s cuss on in a s cn o o I z on e w- L end ed 'beyo rid t ,1 e L h ic n wil ' be ex� Proposed school . The speed I imi t , therefore w- 11 be 225 Additionally, the bulk of the traffic will be 'limited to t'In le C;p e 11 n9 and c 1 os i ng o f the s cbtc)o I day . That is why peak-h-ou_r- vol-Limes are, S � -- The "a C,e 7 gnalization design at intersections and not AT,i 0:-)c e, ifi_ _ � t _ L a n y for this Project shoul d. be a- ­ n-e r se c 4 o- o j. 'o 7,t e e,y 'R)d . and San Anselmo . This p-a r 11 i4a 17-y con- roIIed i n-17-e rs e C c,n 4.s f �S 371'r II - tj S,:I-,f f-- `--an an in--el­ect4on with a `-a`=` c as the design r e a- -he c h rt D. t=IS vo7l..zrie (DHV) t C a:;'1 i se . However, -is u,su a y _'C:- e 1- , n c r ease . a f`L:i i jL'_ Y11-e— k-ows where i 1s e 1,eA.11,1, r t, i U,ta Pc a J _l7T_, . Y.�r7 .... __ a.4:.a 1 n r;j_ - 1(a L- n_Y�_ _ w. V. .. .,'� 1..._+ rr•""'P _.. Ye :._ . _:, _..,rz` - _-ve rat_._ _C?. i _.' _ ., . e a _.J a torr en � .t c e,as uZ ` f:J F'.�i:a.i/ .�.:gin i ng ween .. '~'(..-, . c�.. 1 _ iQi ,.:u'+ 'I FCr. _iie pYnpU SG'Ziop Wd; n0 ST E F1C 1 tt�`SJaY-�a a �p-c _a1 - a4.ysU,Cn its was tii= Case ftor the proposed W i 11 am S _1-os ti r k e'C L Vt i erSet lnr fo7 L: normal t ., Its en .. �,ry_n or the sc-ool pr L7]p r,:t a _..•i da.i .... C+. -S J e t._ _. ! •l jam.. _ _5�..w 51�'ti �''� -.._ _a .i�' i'�. 1. i.:,e a .. _.-:,s.1 _t?;; T.,.."� .�...J L�T t r�"..`�'' =� (a tlf n _ 1 i.: __ .4 7 fl V 1�'C2 1" Y V� id lc'S Ci��nge diOPr t.:e ;Jay . AS _:i :il:p' e , a'a t_ the �� terrain in ri 'ai Atascader'o �:e ph,�sica1 s`ei.m `Y f po s i"_-I e roadway limits the speed at which one ca;:, safely travel .herefore, the ALrT aSSlgilr?d O ,_t,dt de51g'n road is es-n,.;ct ,1 tc+ 'oW; and S1iiCe there 1S ieSS traffic the GOT!lfOr't level is usually lower and the road thickness is less . The AD71 in that rase has very 1ltt e ..o do wit? safety . As greater AD-"s are expec•ter� it becomes rill Ore eCr7r0 licai to 111CreaS53 the CorliforL level and r'tY Lt': • a nd itl, c_I­.'s`_ruct d thicker roa wa-y-. Si,-ce most roa(Is in A ca-fei o were _aged out before 1920 , a change to 'nigher design Wever, be senSitlVe t'J nG'gdti ve Lmp'acts 1-1I-. the ie: vlron.me*n such as r'eS and :711 IS1J+'S . 'Fortunately, due to the same terrain features . thee is a 7 imi ed r'._+mb er Of parcels th can be d.:e% eloi,e, alo!Lag a ,z,i _e .;T _'oddwdy, } 1 15 acting c S 3 COI1 Y '�1 fol, the number r f i^_ les that will nc'°`ma I I y �.se suc1h a Y'=ad. Nolte vhA'- � he voic meii �; _::t'iP 4 n . l �_ �� are ±ioiir_�,r, not daily . Al {_iio,-;,h th ese f i gures %r-�� to be scaled down when pertaining to a road such as "Monterey, i-- is no-- uncornmcn to consider 1000 ve sicles per hour per lane when discussing Street capacity . The volumes t�+.isc ssed In the apel 'la-t ' s lett5e.r ,?re C:` COi1rS'e for hours .. The more AUT, oweVer, the greater number OF chances of multiple vehicles ;being involved in an accident. . so it is not being suggested that AST be ignored altogether when considt'ring safety, especially at intersections . (The let✓el—of— servlce for ail intersection iS different than the l . o . s . for a roadway . ) Obviously, if a roadway is designed as an arterial that will be expected _o move Much more traf is than that which is generated iOCal IL Y. file des.gn features W': 11 be chosen. to accorno?_late a frl e flow fcr larger ADT' s . T1he :yew C y s.t<-andards wi '_ 1 rela`e to roadway classification when r,'.7ie:ermining design parameters and . use Au"' �s a generalization . Atas adero. because of 41S Uniqueroad s y s e in. sees very few new roadr..ray design- We are a pr-.- -}n' r - - + '"'Z r s=ec- to design, Wil;c , act al ,r holds down potential for big-=, `_latf_c Problems . ..1 ' `"--a cap act L.-! des =11 . ~jZeet 2 ;ter,. .lti 1e a� ac �.`, cr+.Y + ,=r1'_ c+�rd'.i ions w,:ic^ ? +CUL �J0 vel'? . .?:= r ._ . t?iee shows ti1e _tfe- f different 7 1r C _1!,n? c _ g-._ , W..1C L %' I;moo ass_gns 210(D 'veh-4 c I es- a -- ;^lid a_ _ affione direction ( 100/0) . Sheet 4 shows a table for different levels-oi-service with respect to terrain. the percent o` i -k hour traffic, and ADT. For example , for level terrain such as that near the Proposed school . and for 15 percent peak hour fact!-)r, l - e _ 'of-SeY`✓ira {� WOta �� involve 5 . On Jei:11C_ s per 'i t; (ADT) ^'_-- i Bader lti, i?ft _O oJilE'r OmUarlSOi?s , Y t'"T?eI71i_%er _i1.3t Is fy M en,t anra ;.. iw. V.er",T yy��f1j'�c'e.�^.fit..c?�a, don ' i_ confuse (µ?al 1 LH~ . '� y `�.rils It �. �'C.dI"t S loWltl� "'u?Y'r3. Tale oan l AU, u.r�:_,ign s . Refer,, to the column showing pavem?nt -a� h t1:e 10- f';ilT. Wlut� la—es would r erlect rhe typical Atascarero r't:a- roadway . 'y` 1l iOWing across to rJtiiel^ design parameter:: suc_^ as :peed, curvature, etc . the ADT is shown as a variable not dependent upon the pavement width . Conversely, ADT alone does nc=t. determine pavement width . Exhibit F. sheers 1-2 , is from the American on of - -.;.e Highway Officials ( now called AASHTO .he "T" standing for _rransporta ion ) Which is the "bible" for :highway geOmeri i s yn. s_.e et, _ s.^owJ the design capacity per notar for a 10-1, 0C)t T"I.'-'d h for , !i mpi. for _evel tell-rain, with 40 % I'"estrlcted slgnt distance i .'.:?� _.. with 0 10 trues, to be 700 vehicles . Other hourly, not daily, figures are shown for varying conditions . Sheet 2 shows an ADT of , 700 vehicles per day minimum for a 10-foot width. for level terrain, When the peak hour accounts for 18 0' of th!e total daily _ affic . Lastly, � +_ 1 r ! fir{ P r + j c e Cg s; L;s.hibi � is taken from 4.LQ 'a trans �JL �c_,: _s ", �1 guidelines . Table 3 shows again that the ADT can jump from 750 to 2, 000 for the same 10-foot width, but when the design speed charges C rom under 50 mph to over 50 mph, the width increases to 12 feet . Hopefully this effort will demonstrate that there is much more to consider when determining the safety aspect of projected traffic than just the ADT shown on a particular standard drawing . Staff .stands by its previous recommendation regarding the traffic-related impacts from the proposed project . The finding is very well stated nd s ou:d not be altered. • i .;.� SAN LUIS ' OBISPO . COUNTY.* ENGINEERING IDEPARTMENT ' 1850 At • MR r r • STANDARD. . IMPROVEMENT SPECIFICATIONS and DRAWINGS Revisions pprovo/s ' Ousilwllww Ir �iiiwrww Dst• Corw.r EN/wwwi 4r Rwtawwwwtl p O Cw Ewo. f . 36 �4 6' 111162 �M 2"Yin.Type-8-A.G Class 3 or= Agg. Bass ryOP sir Typical Typicol '•., '•. h 36' 3! 14, 14� S s.r : �tD% Asphalt dike and paved shoulders to be installed 400-1000 FUTURE A.D.T. where needed to control drainage at erosion FLAT a _ROLLING J*NOTE As an alternate the choker can be • eliminated and the ogg. n boss. carried to the 34• hinge point . E s11' I1S2 _e% —s% —2% —eX. 34' 214, 14' 4 400-1000 FUTURE A.D.T. MOUNTAINOUS i V Specification Ref. COUNTY OF SAN LUIS OB/SPO seam ENc�NEEw/w ' O[v.�r,v[�r NO SCALE TYPICAL SECTIONS i "i0ifVir A _ �010111101011110:. j , _ stir .. RURAL ( b ) Revisions APor Is O.raiislirw A�pr.wr O.h caumey tori fi•�� r.earwn►IN Or F.pnf)CA EAO• 42' 12' 12' g 2' r i 20 Min.Type V A.C. LClass or Aqq. Base r��s 1 POP Typical Typical 42 4 i6, 16, 6 !.t I2% —2% Asphalt dike and paved shoulders to be Installed 1000-3000..FUTURE A.D.T. where needed to contrail NOTE: As an alternate drainage or erosion FLAT a ROLLING the choker can be eliminated and the aqq. • base .carried to the hinge point 39* T 12 126 T 1 • t 39 3 16' t 6 4 s sit Z.4 1000-3000.FUTURE A.D.T. MOUNTAINOUS I spear .•Car:On fire% CCUNrY OF SAN LUIS GB/SPO $.;w LrvG/NfEP/Nd DEPA*r,vsvr N0 SCALE TYPICAL. SECTIONS a.... RURAL Ina :A- I CCS /►frisi A Coro/s _ OIII�i/Il�I M O/I/IIN OJA IIMI rN/I«i welwlwM/17 0 CAS Ly M1 f. • ADT c DT AADT ADT ADT I CRITERIA IIader 25a 250-400 400-1000 1000-3000 3000-10000 Design Speed Flat 40 50 50 55 55 Rolling 30 �40 40 40 45 Mouataiaous 20 20 30 30 35 Curve Radius (min. Flat 510 830 830 1050 1050 Rolling 275 510 510 510 670 Mountainous 110 115 250 275 350 Grade (Max) Flat 6 6 6 6 Rolling 9 8 8 8 8 Mountains 12 12 10 10 10 Right of Way O 50 50. 50 60 60 a Superelevation required (see Drawing A-7) b Right of Way shall be the minimum shown plus any additional right of way that is necessary to contain slopes and drainage. • c ADT is based upon a' 20-year projection. d ADT's in excess of 10000 will require a design to the requirements of the Engineer. e For ADT below 250 grades of relatively short lengths may be increased 1503. f The structural section will be based on a traffic index determined by the Engineer. Flat roadways are those sections of roadway in which there are little or no topographic restraints on vertical and horizontal sight distance and which could be constructed with minor cuts and fills. Rolling roadways are those section of roadway in which there are e topographic rstraint to vertical and horizontal sight distance which require some moderate cuts and fill. Mountainous roadways are those sections of roadway which require maximum or near maximum grades and minimum curve radii in order that the cut and fill be reduced to a practical and visually acceptable height. 'R Soeci/icahon Ref couNrr of SAN LU/S OB/SPo so.Ar t N6/MLI AI/MI OrrA R fII�N! DESIGN .CRITERIA orM'Ar API. RURAL ROADS A - 3 ( a ) 4eBASIC FREEWAY SEGMENTS 3-9 jaw r Illustration 3-5. Level-of-service A. t Illustration 3-& Level-of-service D. . t Illustration 3-6 Level-of-service A Illustration 3-9. Level-of-service E t 1 i i wi Illustration 3-7. Level-of-service C. Illustration 3-ia Level-of-service F. • t • �crbib� �' Highway designmanua,l � of instructions 100-2 HIGHWAY DESIGN MANUAL January,1987 Topic 102 Highway Capacity 102.2 References More detailed data on design capacity are 102.1 Design Capacities available in the "Highway Capacity Manual", Design capacity is the maximum volume published by the Transportation Research g Board in 1985. of traffic for which a projected highway can provide a selected level of service. Design capacity varies with a number of factors, in- cluding: Topic 103 - Design Designation (a) Level of service selected. 103.1 Relation to Design (b) Width of lanes. (c) Number of lanes. The design designation is a simple, concise expression of the basic factors controlling the (d) Presence or absence of shoulders. design of a given highway. Following is an (e) Grades. example of this expression: (f) Horizontal alignment. ADT (1990) (g) Operating speed. _. 9,800 D = 6096 (h) Lateral clearance. ADT (2010) = 20,000 T = 1296 (i) Side friction generated by parking, drive- DHV = 3,000 V = 70 mph ways, intersections, and interchanges. (j) Volumes of trucks, buses, and recreational The notation above is explained as fol- vehicles. lows: (k) Spacing and timing of traffic signals. ADT (1990) -- The average daily traffic, in Freeways should be designed to accommo- number of vehicles, for the construction year. date the design year traffic and to operate at ADT (2010) -- The average daily traffic for a specified level of service. For a rough ap- the future year used as a target in design. proximation of the number of lanes required on a multilane freeway, use the following de- DHV -- The two-way design hourly volume, sign year peak hour traffic volumes at the vehicles. specified level of service: D -- The percentage of the DHV in the direc- tion of heavier flow. Traffic Volume T -- The character of the traffic. This is ex- Level of (Average Vehicles pressed by the truck increment (T) as a per- Service Per Lane Per Hour) cent of the DHV (excluding recreational vehi- cles). Urban C-E 1400-1800 V -- Design speed In miles per hour. Rural C-D 1000-1200 Within a project, one design designation should be used except when: (a) The design hourly traffic warrants a Traffic. volumes can be adjusted for the change in the number of lanes, or effect of grades and the mix of autos, trucks, (b) A decided change in topography dictates and recreational vehicles if a more refined a change in design speed. • calculation is desired. In those cases, consult the "Highway Capacity Manual% 1985 (see The design designation should be given in reference below). the Project Report. After approval of the Aft Project Report,, any change must be approved f MGFWAY 11Y CAPAC MANUAL Special Report 209 • TRANSPORTATION RESEARCH BOARD • National Research Council Washington, D.C. 1985 • • i • � 8-4 RURAL HIGHWAYS 60 • SPEED90 SO 80 y r � a J 70 40 c W 60 a E- 30 i 50 DELAY i !J W 40 n. 30- 20- - 10 020 10 10 0 0'- 600 1200 1800 2400 3600 0 600 1200 1800 2400 3000 TWO-WAY VOLUME, PCPH TWO-WAY VOLUME, PCPH a. Relationship between average speed and flow on two-lane highways. b. Relationship between percent time delay and flow on two-lane high- ways. Figure 8-1. Speed flow and percent time delay-flow relationships for two-lane rural highways (ideal conditions). 100 percent of the time. Even though speeds may be relatively reflects the impact of opposing vehicles on passing opportunities, high near capacity (40 mph or more),driver frustration would and therefore on the ability to efficiently fill gaps in the traffic be excessive if these conditions routinely existed for long periods stream. This phenomenom restricts capacity to a lower value of time. than the 2,000 pcphpl which may be accommodated on mul- The basic relationships between average travel speed,percent thane uninterrupted flow facilities. time delay, and flow are shown in Figure 8-1. These curves Directional distribution is defined to be 50/50 for ideal con- assume ideal traffic and roadway conditions.The average speed ditions. Most directional distribution factors observed on rural represents the average travel or space mean speed of all traffic two-lane highways range from 55/45 to 70/30.On recreational traveling in both directions over the section of highway in quer- routes, the directional distribution may be as high as 80/20 or tion. Percent time delay is the average for all vehicles in the more during holiday or other peak periods. Some variation in traffic stream. speed and percent time delay occurs by direction with changing directional distribution factors and volume levels. Minor IDEAL CONDITIONS changes in average traffic stream characteristics will also occur Ideal conditions for two-lane highways are defined as no with directional distribution. restrictive geometric, traffic, or environmental conditions. Spe- The f 7eque:ncy of no passing zones along a two-lane highway is used to characterize roadway design and to define expected cifically, they include: traffic conditions. A no passing zone is defined as any marked 1- Design speed greater than or equal to 60 mph. no pig zone or,as a surrogate,any section of road wherein 2. Lane widths greater than or equal to 12 ft. the ping right distance is 1,500 f3 or less. The average per- 3.. Clear shoulders wider than or equal to 6 ft. centage of no passing zones in both directions along a section 4. No "no passing zones" on the highway. is used in the procedures. 5. All passenger cars in the traffic stream. The types percentage of no passing zones found on rural 6. A 50150 directional split of traffic. two-lane highways ranges from 20 percent to 50 percent.Values 7. No impediments to through traffic due to traffic control approaching 100 percent can be found on sections of winding • or turning vehicles. mountainous roads. No passing zones have a greater effect in mountainous terrain than on level or rolling highway segments. 8. L vel terrain. Heavy platoon formation along a highway section also may : acity of two-lane rural highways under these ideal cause greater than expected operational problems on an adjacent cor: y 1,800 pcph,total,in both directions.This capacity downstream section having restricted passing opportunities. . • 0 8-6 RURAL HIGHWAYS TABLE 8-2. LEVEL-OF-SERVICE CRITERIA FOR SPECIFIC GRADES Passing is virtually impossible under level-of-service E condi- tions, and platooning becomes intense when slower vehicles or LEVEL OF AVERAGE UPGRADE other interruptions are encountered. SERVICE SPEED(MPH) The highest volume attainable under level-of-Service E defines A > 55 the capacity of the highway. Under ideal conditions, capacity B > 50 is 2,800 pcph, total in both directions. For other conditions, C > 45 capacity is lower. Note that the v/c ratios of Table 8-1 are not D >- 40 all 1.00 at capacity. This is because the ratios are relative to E > 25-40- "ideal capacity„ as discussed. Operating conditions at capacity F < 25-40' are unstable and difficult to predict. Traffic operations are sel- 'The exact speed at which capacity occurs varies with the percentage and dom observed near capacity on rural highways, primarily be- length of grade,traffic compositions,and volume;computational procedures arc Cause of a lack of demand. provided to find this value Capacity of two-lane highways is affected by the directional split of traffic. As directional split moves away from the 50/ 50 "ideal' condition, total two-way capacity is reduced, as well below passing capacity, and almost no platoons of three or follows: more vehicles are observed. Drivers would be delayed no more than 30 percent of the time by slow-moving vehicles. A maxi- Directional Total Ratio of Capacity to mum flow rate of 420 pcph, total in both directions, may be Split Capacity(peph) Ideal Capacity achieved under ideal conditions. 50/50 2,800 1.00 Level-of-service B characterizes the region of traffic flow 60/40 2,650 0.94 wherein speeds of 55 mph or slightly higher are expected on 70/30 2,500 0.89 level terrain.Passing demand needed to maintain desired speeds 80/20 2.300 0.83 90/10 2,100 0.75 becomes significant and approximately equals the passing ca- 100/0 2,000 0.71 pacity at the lower boundary of level-of-service B. Drivers are delayed up to 45 percent of the time on the average. Service For short lengths of two-lane road,such as tunnels or bridges, flow rates of 750 pcph,total in both directions,can be achieyed opposing traffic interactions may have only a minor effect on under ideal conditions. Above this flow rate, the number of capacity. The capacity in each direction may approximate that platoons forming in the traffic stream begins to increase dra- of a fully loaded single lane, given appropriate adjustments for matically. the lane width and shoulder width(5). Further increases in flow characterize level-of-service G re- As with other highway types, level-of-service F represents sulting in noticeable increases in platoon formation,platoon size, heavily congested flow with traffic demand exceeding capacity. and frequency of passing impediment. Average speed still ex- Volumes are lower than capacity,and speeds are below capacity ceeds 52 mph on level terrain,even though unrestricted passing spm, Level-of-service E is seldom attained over extended sec- demand exceeds passing capacity. At higher volume levels, tions on level terrain as more than a transient condition; most chaining of platoons and significant reductions in passing ca- often,perturbations in traffic flow as level E is approached cause pacity begin to occur.While traffic flow is stable,it is becoming a rapid transition to level-of-service F. susceptible to congestion due to turning traffic and slow-moving vehicles. Percent time delays are up to 60 percent. A service flow rate of up to 1,200 pcph, total in both directions, can be accommodated under ideal conditions. Unstable traffic flow is approacned as traffic flows eater level- of-service D. The two opposing traffic streams essentially begin OPERATIONAL ANALYSIS to operate separately at higher volume levels,as passing becomes extremely difficult. Passing demand is very high, while passing This section presents the methodology for operational analysis capacity approaches zero.Mean platoon sizes of 5 to 10 vehicles of general terrain segments and specific grades on two-lane are common,although speeds of 50 mph can still be maintained highways. Separate procedures for general highway segments under ideal conditions. The fraction of no passing zones along and grades are used,because the dynamics of traffic interaction the roadway section usually has little influence on passing.Turn- on sustained two-lane grades differ from those on general terrain Ing vehicles and/or roadside distractions cause major shock- segments. Grades of less than 3 percent or shorter than 1/2 waves in the traffic stream. The percentage of time motorists mile may be included in general terrain analysis. Grades both are delayed approaches 75 percent.Maximum service flow rates longer and steeper than these values should generally be treated of 1,800 pcph,total in both directions,can be maintained under as specific grades. Level, rolling, and mountainous terrain are ideal conditions.This is the highest flow rate that can be main- as defined in Chapters 1 and 3. tamed for any �len of time over an extended section of level The length of grade is taken to be the tangent length of grade terrain without a high probability of breakdown. plus a portion of the vertical curves at the beginning and end Level-of-service E is defined as traffic flow conditions on two- of the grade. About one-fourth of the length of vertical curves lane highways having a percent time delay of greater than 75 at the beginning and end of a grade are included in the grade percent.Under ideal conditions,speeds will drop below 50 mph. length. When two grades(in the same direction)are joined by v cure one-half the len of the curve is included in Average travel speeds on highways with less than ideal condi- a vertical e. !� tions will be slower, as low as 25 mph on sustained upgrades. each grade segment. • • A D 8-14 RURAL HIGHWAYS TABLE 8-10.MAXIMUM AADTS vs. LEVEL OF SERVICE AND TYPE OF TERRAIN FOR Two-LANE RURAL HIGHWAYS • LEVEL OF SERVICE R-FACTOR A g C D E LEVEL TERRAIN 0.10 2,400 4,800 7,900 13,500 22,900 0.11 2,200 4,400 7,200 12,200 20,800 0.12 21000 4,000 6,600 11,200 19,000 0.13 1,900 39700 6,100 10,400 17,600 0.14 1,700 3,400 5,700 9,600 16,300 i 0.15 1,600 3,200 5,300 9,000 15,200 ROLLING TERRAIN 0.10 1,100 2,800 5,200 8,000 14,800 0.11 1,000 2,500 4,700 7,200 13,500 0.12 900 2,300 4,400 6,600 12,300 0.13 900 2,100 4,000 6,100 11,400 0.14 800 2,000 3,700 5,700 10,600 0.15 1700 11,800 3,500 5,300 9,900 MoUNTAlNous TERRAIN 0.10 500 1,300 2.400 3,700 8,100 0.11 400 19200 2,200 3,400 7.300 0.12 400 1,100 2,000 3,100 6,700 0.13 400 11000 1,800 2,900 6.200 0.14 300 900 1,700 2,700 51800 0.15 1300 1900 1 1.600 1 2,500 5,400 NOTE:All valume rounded to the seem 100 vpd.Anumod conditiona ioclude 60/40 dvxtiaoal SPS.14 perom tracks.4 paomt Rri6 no boom and FHF values Goin Table 8.3.For level terrain.20 peroM no parent zoom were crammed:for ro1linS terrain.40 percent no paring for moantaiooaa UNTS016 60 percmt no paring zoom ill. PROCEDURES FOR APPLICATION The methodology described in the previous section is generally which are hypothesized and/or forecast.The general approach applied in either the operational analysis or planning modes. will be to compute service flow rates for each level of service Design computations, as used in this manual, focus on the and compare these values with the existing flow rate on the determination of the number of lanes required for a given facility. facility. This is done using Eq. 8-1: Such computations have little significance for two-lane high- ways,where the number of lanes is fixed. Such design features SF, = 2,800 X (v/c), X fi X f X fHv as horizontal and vertical alignment,however,have a significant impact on operations. Operational analyses can be performed for alternative designs to document this impact. Where com- where all terms are as previously defined. A service flow rate putations indicate that a two-lane highway is not adequate for for each LOS is computed because the heavy vehicle factor varies existing or projected demands, various multilane options may with LOS, and a direct solution of the equation for v/c ratio be considered and analyzed using other chapters of this manual. would be iterative.Users preferring to solve for v/c may do so, A separate section of this chapter deals with operational and but must iterate until the assumed LOS used in computing the design measures for two-lane highways,short of reconstructing heavy vehicle factor is the same as that indicated by the v/c the entire highway as a multilane facility.This material should ratio found. be consulted where a two-lane facility presently has or is ex- In general,the following computational steps are used.Com- pected to experience operational difficulties. putattons may be conveniently performed on the worksheet il- lustrated in Figure 8-4. OPERATIONAL ANALYSIS OF GENERAL TERRAIN 1. Summarize all input data on traffic and roadway conditions, • SEGMENTS Including. . Existing or forecast peals hour volume, in vph. The objective in operational analysis is to determine the level . Peak hour factor,PHF,from local data or default value of service for a given segment or segments of roadway for a selected from Table 8-3. known existing set of conditions,or for a future set of conditions . Traffic composition(91b trucks, % RV's, % buses). N N N » N N N • V a N N N N N N .i 4 y r y V I V 1t it a rd rl rel rl ed .ti � rl ry � rl rl rl rl rl rl N w Y Y rl i U r/ v A N q 44 Y ♦i 4j . - F 7 a O 6�+r4 O O O O m m b m m 0 h 1. Y.1 O - - - r-4 rl r4 ri a RaDe 0 • o .40a. vi r4 a C4 U �Y M V 9-0 .� w a Y o h 0 MA ^ >6 o S. Yh v sa R t y e Rwv a ror F q h as by...+ .eS a M rl +/•7 A N•• •i M - r r - b m b b m m o < < X W r4 .� < OC Y .� ^ r. N N W N p v N N al 01 � R � .. 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Y c 7 � � � o F a aoc .`t � tG � � Z F:� • • I F HWAY DESIGN • DESIGN CONTROLS AND CRITERIA 111 w O r v C ^O 00 t- a00 �0h y 00 . —k 70 0° :»� :0% W%en O .0 •y_ `p y 'QP 60 C II 3 R 50 3 O c ° • 00 O N l� l�M 00 h •ri1 W Ch 00 to 00 N N r+�. •� C 3 1^. V1 80 y �d h epi �d 7 M u Or 1 1A ° A 'O► R N C 9 Q a C w v N •U 6 70 ON ! .a .Mr.r 0%00 =cc n h .w 7 a C .�. CK V c p u �^ N O aov� N O 0 R `� •C x - a ... .... ^.. o a 60 ? 4 > VO 500 x c, 0 ,C, SCO. v1-V MN epi ei N-^ .� y O 3 C O N a w uf4M � v 0 Q T C 3 A r v ...M a n %cooDo 00 O s avo w o ------- 40 f- "+ e c 3a d vie �dv� vM o+ e 0 3 O 40 a+ c ~ a o ,, is v' m o 30 < F p M T v CQ a F z a 77 7 . 7CL a e w v N ca '0 " 7 > p 00 G y •`. .pr CM OOn > s OS C 00 10' V U a �•� w � s Cm %d vi v.-i ri e-i ev.: 100- y � r°r, s _ANE HIGHWAYS U y ' ' ' ' ' ' ' e" a Qa FOOT LANES nF A Q'n 00 ori Ma =e;; S m :6 o = c a �d•n ao�d vi v �-_, °GLH a 23 u 3• � t m� w > y — >C ^ C e0 ° 0 t > 0 O fl 7 00 > p ons � > IIS 3 3�Q ON �nao ON �nao m� � C C "' <i m Mg highways with no inter- R>° 3 a,.. -' .0> �•o is p "affic on them of little con =3 E- rs g low volumes of cross and �' y c g z; ; R a— through -10, and -12 apply. �� :v 0.� a [ � at intersections and while ° capacity is affected little. L u c v s �; w increase, both the running H > o q v .. o, O a x +- Z • 3R PROJECTS y Minimum Standards for Geometric Design of Federal-Aid Resurfacing, Restoration, and Rehabilitation Projects on Local Streets and Roads October 1988 STATE OF CALIFORNIA Department of Transportation Division of Local Programs �a/ s Office of Local Streets and Roads Table 3: Lane and Shoulder Widths Table 4: Lane Widths Local Roads and Streets Urban Roads and Streets Design Year Design Lane Shoulder Total Roadway Type of Lane Minimum Width Volume Speed[a] Width Width Width (Feet) (ADT) (mph) (Feet) (Feet) (Feet) Low Volumes: Curb Lane 1 - 750 ADT All 10 2 24 No Parking Anytime [a] 11 Part-time Use(peak hour/high volume/low speed) 9 High Volumes: With Parking 17 751 - 2,000 ADT Under 50 10 2 [b] 24 [c] Interior Lane 10 50 and over 12 2 [b] 28 [c] Lane Adjacent to Median Over 2,000 ADT All 12 4 [b] 32 [c] Raised Curb 10 Painted Median 10 la l Highway segments should be classified as"under 50"only if most vehicles have Leh-Turn Lane an average speed of less than 50 miles over the length of the segment One-Way (one lane only) 10 [bl One foot less for highways on mountainous terrain. Two-Way(continuous) 10 [c] Two feet less for highways on mountainous terrain. Bicycle Lane(Within Roadway) One-Way 4 Bicycle Lane and Parking (One-Way) 12 [a] Ten-foot nub lane,with up to two-foot wide gutter,may be used at intersection. Table 7: Bridges on Local Roads and Streets • Design Year Volume Minimum Usable Bridge Width [a] (ADT) 1- 750 Width of approach lanes 751-2,000 Width of approach lanes phis 2 feet each side Over 2,000 Width of approach lanes phis 4 feet each side [a] If lane widening is planned as part of a 3R project,the usable bridge width should be compared with the planned width of the approaches after they are widened. ent Table 10: Horizontal and Vertical Alignment Local Roads and Streets Minimum Radius of Maximum Grade M Minimum Horizontal Curve(Feet) Maximum Grade M StoRural Urban Design S15 t Super- Super- Speed Distance elevation elevation Moun- ` Level Rolling Mountains Level Rolling Mountains (mph) (Feet) 10% [a] 8% [b] Level Rolling tains- 7 10 12 9 12 14 20 125 100 105 8 11 16- 7 9 10 9 11 12 30 200 230 250 7 10 14 7 8 10 9 10 12 40 275 430 470 7 9 12 6 7 9 7 8 10 50 400 695 765 6 8 19 5 6 8 6 7 9 60 525 1,090 1,205 5 6 — A [a 1 Generally,superelevation should not exceed 10 percent. MW nd ice conditions prevail. [b1 Superelevation should not exceed 8 percent where snow and ice conditionsprevail. 9 _ MEETI / AG8NDA � �1TM M E M O R A N D U M A'., ^ t TO: City Council March 14, 1989 VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director SUBJECT: APPEAL OF CONDITIONAL USE PERMIT 17-88 "� APPELLANT: Ron Hurlbert (GMS & Associates) LOCATION: 4805 E1 Camino Real REQUEST: To allow an automobile repair and service use (self- service car wash) in the CR (Commercial Retail) zone. BACKGROUND: On February 7, 1989 the Atascadero Planning Commission conducted • a public hearing concerning the above-referenced request. On a 6 :0 vote (Commissioner Waage absent) , the Commission denied the use permit based on the Findings for Denial contained in the attached staff report. There was discussion and public testimony given as reflected in the attached minutes excerpt. On February 21, 1989 an appeal was filed by the applicant, Ron Hurlbert. RECOMMENDATION: Uphold the Planning Commission' s decision and deny the appeal . HE:ps cc: Ron Hurlbert GMS & Associates Attachments: Appeal Letter Dated February 21, 1989 Staff Report Dated February 7, 1989 Minutes Excerpt - February 7,1989 • gary michael swauger. architEct 21 FEBRUARY 1989 and associates HENRY ENGEN PLANNING DEPARTMENT CITY OF ATASCADERO 6500 PALMA ATASCADERO, CA 93423 RE: APPEAL OF PLANNING COMMISSION DENIAL FOR: HURLBERT SELF-SERVICE CAR WASHING FACILITY 4805 EL CAMINO REAL CUP 17-88 DEAR MR. ENGEN: WE STRONGLY BELIEVE THE PLANNING COMMISSION FINDINGS MADE FOR THIS PROJECT AT THEIR MEETING OF 7 FEBRUARY 1989 ARE NOT SUPPORTED BY THE APPLICABLE POLICIES OF THE CITY OF ATASCADERO GENERAL PLAN. THEREFORE, WE DESIRE TO APPEAL THE PLANNING COMMISSION DECISION FOR THIS • PROJECT TO THE CITY COUNCIL. ATTACHED IS A CHECK IN THE AMOUNT OF $100.00 FOR THE APPEAL PROCESSING. IF MORE SPECIFIC INFORMATION IS REQUIRED BY YOUR OFFICE, PLEASE CONTACT MYSELF OR ERIC HAGEN. iECTFULLY SUBMITTED, GAR SWAUGER ARCHITECT A.I.A. C-15960 cc: RON HURLBERT DAVE BREECE JAMES MERZON, ATTORNEY w/ DENIAL FINDINGS post office box 1177 cambria california 93428 BOs 927 3987 2450 main suite c 5850 west mail cambria caiifbmia atascadero califbmia 805 927 3987 805 466 0886 CITY OF ATASCADERO Item: B-3 STAFF REPORT FOR: Planning Commission Meeting Date: February 7, 1989 BY: Doug Davidson, Associate Planner File No: CUP 17-88 SUBJECT: To consider a request to allow an automobile repair and service use (self-service car wash) in the CR (Commercial Retail) zone. CONCLUSIONS: 1. The proposed project is not in conformance with the General Plan policies of encouraging infill development and thus avoiding the proliferation of scattered commercial uses along E1 Camino Real. 2. The proposed project does not heed the recommendations of the City' s Economic Base Analysis and Downtown Revitalization Study of reversing .the strip-commercial nature of the City by encouraging commercial development at specific nodes along E1 Camino Real. 3. The proposed project is not in compliance with the Zoning Ordinance development standards for self-service car washes. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Ron Hurlbert 2. Representative. . . . . . . . . . . . . . .GMS and Associates 3. Project Address. . . . . . . . . . . . . . 4805 E1 Camino Real 4. Legal Description. . . . . . . . . . . .Lot 66, Block NC, A.C. 5. Site Area. . . . . . . . . . . . . . . . . . . . 0. 30 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .CR (Commercial Retail) 7. General Plan Designation. . . . .Retail Commercial 8. Existing Use. . . . . . . . . . . . . . . . .Vacant • 9. Environmental Status. . . . . . . . .Negative Declaration posted January 27, 1989 B. ANALYSIS: This application is for the construction of a four bay self- service car wash in the CR (Commercial Retail) zone. Car washes are included within the automobile repair and services land use description, which is listed as a conditional use in the CR zone. Conditional uses are of a nature or magnitude which could • significantly affect its surroundings. This analysis will focus on the appropriateness of a self-service car wash in this location, as well as compliance of the project with City codes and ordinances. Policies - General Plan/ERA Report Under the City's General Plan and Zoning Ordinance, commercial retail areas of the City are -designated primarily to meet the shopping needs of the general public. Other uses, such as automobile services, are encouraged to locate in the Heavy Commercial areas, by being defined as allowable uses in the CS, CPK, IP, and I zones. These distinct commercial zoning districts attempt to control land use compatibility and overcome the City' historical strip-commercial pattern. The General Plan addresses the problem with the following policies (Page 67) : "Infill and restructuring of existing heavy commercial areas shall be encouraged to avoid the indiscriminate proliferation of scattered service commercial uses along El Camino Real. " "Service Commercial Planned unit developments shall be encouraged in designated areas. " The City of Atascadero Economic Base Analysis and Downtown Revitalization Study (Economics Research Associates, 1988) contains the following similar suggestions to reverse the strip- commercial nature of the City (Page III-2) : "Encourage the concentration of commercial development along E1 Camino Real or at specific nodes rather than extend the E1 Camino Real commercial corridor throughout the City. " The reason for this recommendation is to: "Encourage private commercial redevelopment and rehabilitation over time rather than see new development occur in an uncoordinated random pattern. " Service commercial uses are encouraged in certain designated ureas because the tend to generate noise and require storage area • for automobilies and equipment. There are four zoning districts where automobile service is an allowable use. Location within one of these zones will help achieve the objective of developing specific nodes of service activity, instead of continuing in a random placement. Although the ERA report is not an adopted City document it was commissioned for this very purpose;ur ose• to create new commercial opportunities for the City, while overcoming its historical predicament of scattered commercial uses along E1 Camino Real. Staff believes that this project does not carry out these City goals and perpetuates the scattered pattern of commercial land use. Site Characteristics/Surrounding Land Uses In addition to the policy concerns noted above, the surrounding uses presents a problem for land use compatibility. In fact, the existing uses in the vicinity are an example of the scattered uses mentioned above. Two office buildings (The Hull building and the Atascadero Mutual Water Co. ) have recently been constructed in the general area, both of which have improved the architectural appearance of the block. Closer to the subject site are two car dealers, a real estate office, a tree surgery facility, and single family residences. The construction of a car wash will add yet another type of use to an area in transition. Staff believes that the area is evolving into its planned retail and office function, as exemplified by the recent construction. • Self-service car washes are not allowed adjacent to residential single family zones. As the Location Map (Exhibit A) shows, there is a commercial parcel between the subject site and the residential zone (LSF-X) to the rear. Nevertheless, the project will have an impact on this residential area, mostly due to the noise generated by the vacuums in the drying area. The second part of the development statement (Exhibit F) and the vacuum noise tests (Exhibit G) show that the noise generated will not exceed the level allowed in residential zones. However, the submitted 83 and 90 dba readings of the Lamb model do exceed the maximum dba of 75 allowed in the CR zone (Exhibit H) . The project designers have met most of the special development standards for self—service car washes (see Exhibit E) . These include criteria for location, access/circulation, setbacks, landscaping, and fencing. The one deficiency in the site plan is the requirement for a driving lane, 24 feet in width along the washing bays. The submitted site. plan (Exhibit B) shows a lane width of 21 feet, 4 inches, and less than that where the planter extends. This indicates that the site is not of adequate size and shape to accomodate the use as proposed. Summary In order to approve a Conditional Use Permit, the Planning • Commission must make the mandatory six findings of the Zoning Ordinance. Staff has enough concerns over the project to make all of the findings in the negative, however, our recommendation is mainly due to the cited commercial policies in the General Plan and the ERA report. Both of these documents call for development of service commercial uses in designated areas. The • designated areas for heavy commercial are the CS, CPK, IP, and I zones. Staff could support this project in one of these locations, or possibly in another CR location. The project has been designed with much thought; the staggering of the bays to provide better circulation, as well as the split face concrete construction to gain a pleasing architectural style. Thus, the objections are not with the project itself, but with the proposed location. Most importantly, the ERA report has backed up one of the original and most fundamental General Plan goals; that the continued scattering of service commercial uses on E1 Camino Real must stop if the City is going to reverse its strip-commercial image. C. RECOMMENDATION: Staff recommends denial of Conditional Use Permit 17-88 based on the Findings in Exhibit I. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Site Plan Exhibit C - Elevations Exhibit D - Landscape Plan • Exhibit E - Zoning Ordinance Excerpt Exhibit F - Supplemental Development Statement Exhibit G - Vacuum Noise Tests Exhibit H - Zoning Ordinance Noise Standards Exhibit I - Findings for Denial • EXHIBIT A CITY OF ATASCADERO LOCATION MAP IB7S- • asc�w COMMUNITY DEVELOPMENT CU 17^8 $ DEPARTMENT S►11Nn A NO EDA UAA ,r a T SITE � 1 , 11 a E �� �\ POIL qVE / VENA° alcov� R � IAL 77 INO cr EXHIBIT B CITY OF ATASCADERO SITE PLAN 1 -7 CUP 17-88 COMMUNITY DEVELOPMENT • DEPARTMENT 4e lu 14 i • w 1 I r / � e (t•L sw+wl /cU N R•✓•.Y) �\ � M.es o r _ �Ar d �� Q it• � - —- '� - � I� -: �� \ � �,�.�n 'e« MW«N •a..YR.rA.\ I I N • � � �y .T'iO•V r�.9 i' —J•rir u.rss f LuafLWK __ W ww wfr I.es•.rf0•J•+L•Lt • EXHIBIT C `� ... . CITY OF ATASCADERO ELEVATIONS CAD COMMUNITY DEVELOPMENT CUP I7-88 DEPARTMENT w t� i 1 _ ., ,' ks yr ell �1 3' t s Z. �` Ef • F m � m 1 � i t1= 3 EXHIBIT D LANDSCAPE PLAN CITY OF ATASCA CUP I7-88 : ., DERO 1��q� � '�—7 s COMMUNITY DEVELOPMENT • DEPARTMENT l 4Y�Y LO-J u�.94' LANeSLA�� _ ALAN ADOPTED JUNE 27 , 1983 EXHIBIT E CUP 17-88 • ) Signing. Service station signing is allowed as pr vided by Section 9-4 . 130 (Signs) except for the llow- ing additional special signing: ( i Price Signs. One price sign is allowe for each site frontage, not to exceed 12 squar feet. ( ii) S vice Si ns. Signs indicating ether pump isl ds are "Full Service" or if Service" are perms ted provided that there re not to be more than t such signs for each ump island, they do not proj ct beyond the edg of the pump island curb, and hey do not ex ed four square feet in area. (d) Repair Activities. All as et aside for repair activi- ties in conjunction with a rvice station shall be entirely within a building or enclo a area. 9-6 .165 . Building Materials Sa Such establishments in Commer- cial and Industrial Zones are ubject to a following standards: (a) Enclosure Require . All building ma erials sales activi- ties and storag shall be enclosed wi in a building or en- closed area. 1 • .)-6 .168 . Automobil Repair or Services. T'iis Sects n applies to U 311 auto repair a service activities defi,ied as all able in the :ommercial and ' dustria=. zones: (a) Re it and Services other than Self-Service Washi 1) Enclosure Required. All repair and service acts ities and the temporary storage of vehicles while waiti for repair, service or bodywork shall be conducted with ' n a building, or within a yard enclosed by a six-foot hi solid fence, such that storage or repair activities ar not visible from the public street. (b) Self-Service Car Washes. The standards of this Subsection are applicable to self-serve car washes where the vehicle remains stationary during washing. (1) Location. On a collector or ir. teriai, provided that a car wash is not to be located adjacent to RS, LSF, or RSF zones. (2) Access LanEs. Separate on-site access and egress lanes are to be provided, and identified with direction- al signing. Site access and egress may be from a single driveway, provided that one-way traffic flow is main- tained on-site. 6-44 i ADOPTED JUTZE 27 , 19810 (3) Setbacks. Structures are to be set back from site property lines at distances sufficient to provide the • following features. ( i) Waiting Area. An area 10 by 20 feet is to be provided adjacent to the .entrance of each washing bay for a vehicle waiting to use the bay. ( ii) On-Site Circulation. The car wash structure, and waiting area described in Subsection (b) (3) ( i) above shall be encircled by a one-way driving lane with a minimum width of 24 feet along the washing bays, and 12 feet adjacent to the building ends. ( iii) Drying Area. An area shall be provided for the drying of vehicles after washing, consisting of separate spaces which are a minimum size of 12 by 20 feet. Drying spaces are to be provided at a ra- tio of two per washing bay. ( iv) Adjacent to RMF Zone. A 10 foot landscaped set- back is to be provided along the total length of any property line abutting -the RMF Zone. (5) Landscaping. A 10 foot landscaping strip is to be provided across 'any street frontage of the site, exclu- sive of driveways. • (6) Fencing. The interior lot lines of a car wash site are to be screened with solid wood or masonry fencing, six feet in height, except within 10 feet of the street right-of-way, where no fencing is required. 172. Temporary Uses: Land uses and activities of a temporar nature included under seasonal or temporary sales, tempo y dwellings, orary events and temporary offices. When signated allowable, such u are subject to the provisions he following Sections: 9-6.174 Seasonal or Temporar 1 9-6.175 Temporary Off-Site Co ru n Yards 9-6.176 Temporary Dwell ' and Office 9-6 . 177 Temporary Ev s 6-45 EXHIBIT F G G C CUP 17-88 (� garg michael swaugEr architect SELF- SERVICE CAR WASH and associates DEVELOPER STATEMENT (PAGE 1 OF 2) PROJECT DESCRIPTION: PROPOSED IS THE CONSTRUCTION OF A FOUR BAY SELF-SERVICE CAR WASHING FACILITY WITH ADJACENT VACUUMING AREAS. PROJECT DESIGN: SITE ACCESS AND EGRESS IS PROVIDED TO EL CAMINO REAL BY A SINGLE DRIVEWAY. ONE-WAY TRAFFIC FLOW IS MAINTAINED ON-SITE: USERS MAY CIRCULATE DIRECTLY FROM THE WASHING BAYS TO THE VACUUM AREAS AND THEN EXIT THE SITE. ALTERNATIVELY, ACCESS DIRECTLY TO THE VACUUM AREAS IS POSSIBLE, FROM WHICH THEY MAY DIRECTLY EXIT THE SITE. THE WASHING BAYS WERE PLACED AT AN ANGLE OF APPROXIMATELY 75 DEGREES TO THE ACCESS DRIVEWAY TO EASE MOVEMENT TO AND. THROUGH THEM. DUE TO THE SITE'S NATURAL GENTLE SLOPE, IT WILL REQUIRE ONLY MINOR GRADING TO CONSTRUCT THE FACILITY. THE STRUCTURE CONSISTS OF FOUR COVERED WASHING BAYS OF APPROXIMATELY 317 SQ.FT. EACH, AND AN EQUIPMENT ROOM OF 176 SQ.FT. WALLS WILL CONSIST OF SPLIT-FACED CONCRETE MASONRY UNITS, WHICH SUPPORT A POST AND BEAM ROOF STRUCTURE. THE BUILDING'S ANGLE TO THE STREET, THE RESULTING ROOF DESIGN, AND THE LANDSCAPING BUFFER FROM EL CAMINO REAL SHOULD ENHANCE THE APPEARANCE OF THE PROJECT. THE VACUUM PEDESTALS AND TRASH ENCLOSURES AT THE REAR OF THE PROJECT SHALL ALSO BE CONSTRUCTED OF SPLIT-FACED BLOCK. PARKING: DRYING AREAS AS REQUIRED BY THE ZONING ORDINANCE FOR SELF-SERVICE CAR WASHES HAVE BEEN INCORPORATED INTO THE PROJECT. DEC - 31988 COMMUNITY DEVEL OPNIIENT post office box 1177 cambria california 93428 BOS 927 3987 24SO main suite c 5850 west mail cambric california atascadero california 805 927 3987 80S 466 0886 zf- gary michaEl swauger architect � and associates SELF- SERVICE CAR WASH DEVELOPER STATEMENT (PAGE 2 OF 2) SITE DATA: LOT DESCRIPTION: LOT: 66 BLOCK:NC AMENDMENT "D" APN: 29-271-04 LOT AREA: 12,993 SQ.FT. SITE COVERAGE: BUILDING COVERAGE: 1,444 SQ.FT. 11% PAVING AND WALKING: 9,602 SQ.FT. 74% LANDSCAPING: 1,698 SQ.FT. 13% TRASH ENCLOSURES & VACUUMS: 95 SQ.FT. 1% BUILDING AREA: 4 BAYS @ 317 SQ.FT.=1,268 SQ.FT. MECHANICAL ROOM = 176 SQ.FT. TOTAL =1,444 SQ.FT. BUILDING HEIGHT: MAX. BUILDING HEIGHT - 16'-6" r a N DEC 31,088 post office box 1177 cambria california 93428 805 927 3987 • 24SO main suite c SSSO west mall cambria california atascadero california 80S 927 3987 SOS 466 0886 EXHIBIT F zf7l zf2l R� (CONT.) CUP 17-=88 a o garyi mchaEl swauger architect 24 JANUARY 1989 and associates PAGE 1 OF 2 DOUG DAVIDSON PLANNING DEPARTMENT CITY OF ATASCADERO 6500 PALMA ATASCADERO, CA 93423 RE: HURLBERT SELF-SERVICE CAR WASHING FACILITY 4825 EL CAMINO REAL ATASCADERO, CA DEAR DOUG, THIS LETTER IS IN RESPONSE TO OUR RECENT PHONE CONVERSATIONS REGARDING THE CAR WASHING FACILITY AND CONCERNS EXPRESSED BY 'CITY STAFF WITH .RESPECT TO THE APPROPRIATENESS OF THE PROPOSED USE ON THIS PARTICULAR SITE. IN RESPONSE TO THESE CONCERNS, WE WOULD LIKE TO OFFER THE FOLLOWING FOR YOUR CONSIDERATION. i AT PRESENT, THERE EXISTS ONLY ONE SIMILAR FACILITY IN THE CITY OF ATASCADERO. IT IS READILY ACCESSIBLE TO RESIDENTS LIVING IN THE SOUTHERN PORTION OF THE CITY. THE EXISTING FULLY AUTOMATED CAR WASH, LOCATED CENTRALLY, ATTRACTS A DIFFERENT TYPE OF USER AND WE FEEL IS NOT IN DIRECT COMPETITION WITH THIS TYPE OF FACILITY. DUE TO ITS PROPOSED LOCATION, THE NEW FACILITY WOULD MEET THE NEEDS OF RESIDENTS LIVING IN BOTH THE NORTHEASTERN AND NORTHWESTERN PORTIONS OF THE CITY, AS WELL AS AREAS BORDERING ATASCADERO TO THE NORTH. THE USE AS PROPOSED MAY BE ALLOWED IN A COMMERCIAL-RETAIL (CR) ZONE UNDER THE CURRENT CITY OF ATASCADERO ZONING ORDINANCE. THE USE IS ALLOWED WITHOUT CONDITION IN AREAS ZONED COMMERCIAL-SERVICE (CS) AND INDUSTRIAL PARK (IP) . A STUDY OF THE CURRENT ZONING, HOWEVER, REVEALS THAT THERE ARE NO AREAS ZONED CS OR IP WHICH ARE CENTRALLY LOCATED IN THE NORTHERN PORTION OF THE CITY. THE PROPOSED FACILITY'S LOCATION AND ITS DIRECT ACCESS TO EL CAMINO REAL ARE KEY TO THE SUCCESS OF THE PROJECT. SOME CONCERN WAS ALSO EXPRESSED INVOLVING THE CLOSE PROXIMITY TO A RESIDENTIALLY ZONED AREA. AN ANALYSIS OF POSSIBLE IMPACTS TO THE RESIDENTIAL AREA RESULTED IN THE FOLLOWING CONSIDERATIONS: 1)SOUND THAT MAY BE EMITTED BY THE FACILITY, 2)THE VISUAL IMPACT OR APPEARANCE OF THE FACILITY FROM THOSE AREAS, AND 3)THE IMPACT OF LIGHTING EMITTED DURING NIGHT USE. • post office box 1177 cambria california 93428 BO5 927 3987 2450 main suite c 5850 west mall cambria callfornia atascadero california BOS 927 3987 805 466 o886 PAGE 2 OF 2 IN ORDER TO MITIGATE THE POSSIBLE EFFECTS OF SOUND EMANATING FROM DRYING AREAS ON THE SITE, VACUUMS PROPOSED FOR THE FACILITY ARE TO BE EQUIPPED WITH LOW- NOISE DOMES. THESE UNITS WILL EMIT A SOUND LEVEL OF APPROXIMATELY 83 dBA AT A DISTANCE OF 2' AWAY (SEE ATTACHED. DOCUMENTATION) . THIS RESULTS IN A SOUND LEVEL OF 48 dBA AT THE PROPERTY LINE OF THE NEAREST RESIDENTIAL ZONE, APPROXIMATELY 125' FROM THE SITE. THIS LEVEL OF SOUND CAN TYPICALLY BE CHARACTERIZED AS BACKGROUND NOISE, AND IS EQUIVALENT TO THE SOUND EXPERIENCED IN A GENERAL OFFICE THAT EXPERIENCED FROM A QUIET STREET (REF: MECHANICAL AND ELECTRICAL EQUIPMENT FOR BUILDINGS, 6TH. ED. , McGUINNESS, STEIN, REYNOLDS, 1980) . A MAXIMUM SOUND LEVEL OF 55 dBA IS CURRENTLY PERMITTED IN RESIDENTIAL AREAS FROM 7 PM TO 7 AN BY THE ZONING ORDINANCE. ALL EQUIPMENT FOR .THE FACILITY OTHER THAN THE VACUUMS SHALL BE CONTAINED WITHIN THE MECHANICAL ROOM, WHICH WILL LIMIT ANY EFFECT OF SOUND TO NEGLIGIBLE LEVELS. WITH REGARD TO APPEARANCE OF THE FACILITY, EFFORTS HAVE. BEEN MADE TO CREATE A FACILITY WHICH WILL BE MORE ATTRACTIVE THAN MANY F;.CILITIES OF ITS KIND. EMPLOYED PRIMARILY FOR REASONS OF CIRCULATION•, THE PLACEMENT OF THE WASHING BAYS AT AN ANGLE RESULTS IN A ROOF DESIGN WHICH .LOWERS THE PROFILE OF THE BUILDING. THE USE OF LANDSCAPING AND TRADI1ijNAL MATERIALS SUCH AS BLOCK, WOOD, AND SHINGLE ROOFING, WILL ALSO HELP G:VE.. IT AN APPEARANCE WHICH IS RESIDENTIAL IN NATURE, AND ADD VISUAL INTEREST WHEN'VIEWED FROM EL CAMINO REAL. SPLIT-FACE CONCRETE BLOCK, RATHER THAN STANDARD BLOCK, WAS CHOSEN FOR THE STRUCTURE, THE VACUUM PEDESTALS, AND THE TRASH ENCLOSURES TO GIVE THE FACILITY A QUALITY APPEARANCE. THE EFFECT OF OFF-SITE LIGHTING SHALL BE LIMITED BY fHE STANDARDS CONTAINED IN THE ZONING ORDINANCE. THESE STANDARDS ARE EQUIVALFNIT TO. THOSE REQUIRED FOR OTHER ALLOWABLE USES IN THE CR ZONE. WE RESPECTFULLY SUBMIT THAT THE PROJECT MEETS THE INTENT OF THE STANDARDS SPECIFIED BY THE CITY OF ATASCADERO ZONING ORDINANCE. MITIGATION OF VALID CONCERNS BEYOND THESE STANDARDS IS POSSIBLE, PROVIDED THE PROJECT MAINTAINS A SAFE CONDITION WITH REGARD TO PUBLIC HEALTH, SAFETY, AND WELFARE. WE FEEL IT IS A GOOD PROJECT AND WILL BE AN ASSET TO THE COMMUNITY. SINCERELY, ERIC HAGEN GMS & ASSOCIATES EXHIBIT G VACUUM NOISE CUP 17-88 AC4Mf"4• J.E.A P.O. BOX 2483, CEDAR RAPIDS, IOWA 52406 INDUSTRIES LTC. 1025 63RD AVE. S.W., CEDAR RAPIDS, IOWA 52404 PHONE 319/363 0237 January 17 , 1989 G.M. S. Associates 5850 West Mall Atascadero, CA 9' 422 Atten: Eric As per your request from Fluid Mfg. Co. in Lodi, California, attached please find the- test results on our Model 8700 vacuum. The 8700 vacuum has the Lamb Quiet motors and the dome is com- pletely insulated on the inside. The combination of motors and insulation has reduced the noise level on the vacuum. Hope this information helps you out . If you have any questions , please feel free to give us a call. Sincerely, V4 �` r/3!6 o ce Graham les Dept. AMERICA'S FIRST NAME IN AUTO CLEANING DRODUCTS � ETE K LAMB ELECTRIC DIVISION • KENT,OHIO 44240 TELEPHONE: (216) 673-3451 TELEX: 986497 (WU) CABLE: LAMETEK • 4332140 (ITT) September 22, 1986 Mr. . Mike Johnson JACK ADAMS COMPANY 1025 63rd Avenue, SW Cedar Rapids, IA 52404 Dear Mike: The purpose of this letter is to provide you with the results of Lamb Electric's sound tests completed on the new Jack Adams Model #8600, using the Acustek 116757-13 and General Signal's Model H072-3450-01. For our engineering evaluation, 'all sound tests were conducted under identical standard conditions (680F, 29.92 barometric pressure at a regulated voltage of 120-volts). Sound test data was accommulatgd using Acustek 116757-13 with your low noise insulated dome and the standard non-insulated dome. The G.S. motor H072-3450=01 was then tested under the aforementioned conditions. Both tests were conducted at a 1/2 and 1" effective orifice diameter. Your unit • was mounted on a pallet sand situated on a steel floor plate. Microphone readings were taken at five different positions surrounding the vacuum. These positions were approximately. 22" from the unit. Resulting data was accommulated on A-weighted sound power level (dBA) with 1/3 octave bands. A-weighted simply meaning sound the human ear can pick up. Sound level comparisons between Lamb's Acustek 116757-13 and General Signal's H072-3450-01 showed the LuMb,-motor to be substantially quieter. �► SOUND LEVEL AT SOUND LEVEL AT HOD&L b CONDITIONS 1" ORIFICE _1/2" ORIFICE G.S. 11072-3450-01 with low noise dome 91.5 94.0 G.S. H072-3450-01 with standard dome 99.6 101.3 Lamb 116757-13 with low noise dome 82.9 83.2 Lamb 116757-13 with standard dome 91.3 90.8 Mike, as you can see, Lamb's 116757-13 is quieter by the following amounts: 1" EFFECTIVE 1/2" EFFECTIVE CONDITIONS ORIFICE ORIFICE Low Noise Dome 8.6 10.8 Standard Dome 8.3 10.5 PRFSIDENI'5 'F' AWMID FOR FXPORf EXCELLENCE .4 f • res September 22, 1986 -2- Nr Bike JohniOifm 0 ;cA decibel (dB) of 3.0 is audible to the husoundausinghusthe Lamb , the man er amotor bytioned " difWnces represent a better quality in 3-3 1/2 times better than the G.S. motor. The ace data uestionsall or ' '�'�tests conducted is attached to this letter. If you have any q comments concerning our analysis, please do not hesitate to call me. Sincerely, AMETEK Lamb Electric Division' Bradford J. Dill Technical Sales Specialist 1 BJD:de Enclosures: , Acustek Literature, Sound Tests PC: Jack Adams, president,' Jack Adams rompahy Phillip G. Teggart, Industry Manager • Larry chambevla n. Regional Manager r� r 1. . i r y EXHIBIT H ADOPTED JUNE 27, 19 CUP 17-88 a) Construction activities shall cease and }he Planning Depart- ment shall be n<-tified so that the exti_-,t and location of discovered materials may be recorded by .a qualified archeo- logist and dispcsition of artifact: may be accomplished in or accordance with State and Federal maw. (b) In the event archeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the County Coronor is to be notified in addition to the Planning Department so proper disposition may be accomplished. y-4.163. Exterior Noise Standards: This Section establishes standards for acceptable outdoor noise levels and specifies how noise is to be measured. (a) Maximum Permitted Sound Level Standards (dba) . The follow- ing sound levels are established: ZONING DISTRICT 7 a.m-. 7.p.m. WHERE MEASURED 7 p.m. 7 a.m.. RSF, RMF, LSF, L, A 65 55 At property line LS of noise source CR, CN, CP, CT;. P 75 75 At property line of noise source CS, IP, I, CPK 80 80 At property line of noise source 1. Decibels on the A-weighted scale. 2. No commercial or industrial use located adjacent to a resi- dential zone shall prodice noise greatY- than that allowed in the residential zone measured at the property line of the noise source or at any place on the residential property. 3. Measured at property line of noise source, or at any other point outside the boundary of the noise source site. (1) No person shall operate or cause to be operated any source of sound at any location witrin the City or allow the creati,n of any noise on proper. cy owned, leased, occupied or otherwise controlled by such person, which causes the noise level when mt:asured on any other prop- erty to exceed: (i) The noise standard for that zoning district as specified in Section 9-4 .163ia) for a cumulative period of more than 30 minutes in any hour; or (ii) The ncLse standard plus 5 db for a cumulative period of more than 15 minutes in any hour; or ( iii) The noise standard plus 10 db for a cumulative period of more than 5 minutes in any hour; or ( iv) The moise standard plus 15 db fcar a cumulative 4-58 • Exhibit I - Findings for Denial Conditional Use Permit 17-88 4805 E1 Camino Real (Hurlbert/GMS & Associates) FINDINGS: 1. The proposed project is not consistent with the General Plan policies on commercial land uses. 2. The proposed project does not satisfy all applicable provisions of the Zoning Ordinance, specifically the development standards for self-service car washes and noise generation. 3. The establishment, and subsequent operation or conduct of the use may, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or may be detrimental or injurious to property or improvements in • the vicinity of the use. 4. The proposed project is inconsistent with the character of the neighborhood and contrary to orderly development in the Commercial Retail area. 5. The proposed project may generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The proposed project is not in compliance with the City's Appearance Review Guidelines. • _4_ PLANNING COMMISSION - MINUTES EXCERPT - 0107/89 • Doug Davidson esented the staff report d summarized the previous signage approvals associated w' this development. He suggested that a following wordi be added to the end of condition #2 to ad: "The monu t signs shall be compatible in design a d color wit the existing signage and building architecture o the cen r. " Steven Wing, representing t applicant, spoke in support of the request and asked for a fication on one of the tenant signs . Staff indicated at th book store could keep one of their two existing gns, but t both. MOTION: Made by mmissioner Highla seconded by Commis- sioner obey and carried 6 :0 approve Condition- al Us Permit 16-88 subject to a findings and .. co 'tions contained in the staff eport with dification to condition #2 to add he language isted above. 3. CONDITIONAL USE PERMIT 17-88: Request initiated by Ron Hurlbert (GMS & Associates) to allow an automobile repair and service use (self-ser- vice car wash) in the CR (Commercial Retail) zone. Subject site is located at 4805 E1 Camino Real. Mr. Davidson presented the staff report on this request. Staff is recommending denial of the permit noting that the proposed project is not in conformance with General Plan policies nor Zoning Ordinance development standards, and that the proposed location is inappropriate for this type of use. Gary Swauger, representing the applicant, related that he was troubled with the staff report recommendation. He summarized the background involved with the preliminary review of this project and how he had interpreted this proposed use to be compatible within the CR zone. He stated his reasons for disagreeing with staff' s conclusions for denial contained in the staff report. He believes this proposed use is compatible with offices, etc. which are allowed uses in this zone. Commissioner Luna referenced the General Plan pertaining to development of compatible retail trade services which he felt was the intent of the new Atascadero Mutual Water office, Hull building, etc. With regard to the preliminary review, Commissioner Luna pointed out the comment made in the preliminary review that the site is too small for the proposed use which would make the request unapprovable. Mr. Swauger addressed these statements . Discussion followed. -5- ! • Chairperson Lochridge asked Mr. Swauger when he first became • aware during the preliminary review process that for various reasons, this use was inappropriate for the site. Discussion continued. Arthur Perella, 4625 E1 Camino Real, explained his property extends from El Camino Real to Hermosilla, and in evaluating what uses would be appropriate for this property, he did not , feel a car wash would ever be feasible or appropriate. He expressed his opposition to the project and felt the use would be a detriment to the property. Eric Hagen with GMS & Associates, representing the applicant, clarified that the findings of incompatibility PP g for the proposed use during the preliminary review process were based on the fact that it was staff' s understanding that the subject property abutted a residential zone. At this same time, .there was no incompatibility expressed . relative to inconsistencies with the General Plan, ERA study, etc. In support of the project, Mr. Hagen stated this use- is similar to a neighborhood and personal type of service use. He then responded to questions from the Commission. Ron Hurlbert, applicant, commented that he was in shock when. he received the staff report, and felt that staff is looking at this project from a short term prospective rather than long term. The subject site is in an area of commercial blight and he felt this use would be transitional in nature towards future development of the surrounding area. He believes this project to be a good clean operation and in a good location; the project has been designed to help reduce crime and will be well lit and fenced. He felt staff is trying to interpret things in a very thin manner. MOTION: Made by Commissioner Luna to deny Conditional Use Permit 17-88 based on the findings for denial. Commissioner Highland felt that although the project has been well planned and well designed, it is in the wrong location. He explained his reasons for disagreeing with staff' s recommendations for Findings #2, #5, and #6 . Commissioner Luna amended the motion to only include Findings for Denial #1, #3, and #4 . Commissioner Highland seconded the motion. Commissioner Brasher stated that the project, as developed, would be an asset to the community but the location is inappropriate. Chairperson Lochridge concurred with Commis- sioner Brasher' s statements. The motion carried 6 :0 to deny Conditional Use Permit 17-88. 0 ME • MEMORANDUM .T 0' : City Council THROUGH: Ray Windsor . City Manager �ROII- Paul Sensibaugh .. Director of Public Works SUBJECT : Ret for Release from Reimbursement Agreement DATE: March 2 , 1989 Recommendation : Staff recommends that the request from Mr . & Firs . Day to be released from the LeJeal Sewer Reimbursement Agreement be denied. Background: In 1985 Mr . & Mrs . LeJeal extended a sanitary sewer line from Cayucos Avenue to property owned by them on Lobos Avenue that was experiencing_ a septic tank failure . The extension required easements that were obtained from Mr . & Mrs . Day . In payment for the easements the Days were paid $850 . 00 by Mr . & Mrs . LeJeal ($850 . 00 was the annexation fee at that time) . Following_ construction of the sewer lines a Reimbursement Agreement was filed by Mr . & Mrs . LeJeal as allowed in Section 7-5 . 002 of the Wastewater Ordinance , to recover a portion of the cost of the extension . Reimbursement Agreements are simply calculated by dividing the cost of construction equally between benefitting property owners . Prior to Board approval of a Reimbursement Agreement a Public Hearing_ must be held and all parties involved must be notified. At this particular Public Hearing Mrs . Day appeared and requested exclusion from the Reimbursement Agreement . The reason cited by Mrs . Day was a previous verbal agreement with Mr . & Mrs . LeJeal that they would not be responsible for any construction costs . The Board denied the request for exclusion and approved the Reimbursement Agreement . As stated in Section 7-3 . 0103 of the Wastewater Ordinance , sewer connection is mandatory within 24 months from the availability of public sewer , ifariances .can be granted under Section 7-3 . 005 upon written request only when it is determined that "no health hazard, public nuisance , or inequity to other property owners will result therefrom. " The 24 month deadline was October of 1987 and since that time staff has attempted to encourage connection by Mr . & Mrs . Day who have stated that while they are willing to connect they are unwilling to pay the reimbursement to the LeJeals . Section 7-5 . 003 prohibits connection to the sewer system without such -_payment and the issue at this time is at a standstill . Mr . & Mrs . Day have . requested that this item come before Council again and to be given another chance to -plead their case for exclusion from the reimbursement costs , Discussion : Staff has reviewed the file and listened to the tapes of the Public Hearing held in 1987 . It does not appear that the issues have changed since that time , The Cita is being asked to become involved in a private , verbal agreement between two parties over which we have no control . It would appear that a waiver on the basis of Section 7-3 . 005 of the Ordinance would not be appropriate inasmuch as approval of the waiver would cause the LeJeals to incur twice the costs as normally would be their responsibility and could be considered an "inequity to other property owners . . . " as stated in this section . The facts remain that a) the Public Hearing was held and Mr . & Mrs . Day stated their case and their request was denied: b) connection to the sewer system is mandatory and Mr . & Mrs . Day are now a year and a half past the deadline, and c) a permit to connect cannot be issued without payment of all fees , including the reimbursement . Fiscal Impact : Except for considerable administrative time there is no fiscal impact to the City due to this matter , whether relief is granted or not . City of Ht.y'_e=.%e ero February 1 1 , 198' City Manager De ar Mr . Ray Windsor , Shelly La ,1eal approached us in October of 1 ?85 requesting an easement through our property at 4175 I_ '•.yu'_os Avenue i :ayuco=. Aveune in corder to help her . She claimed she was in a de•_pa.r ?.te situation . She requested to bring sewer service through our property to ac _c odmodate a lot of owned by her on Lobos Avenue . . At the time of LaJeal ` _ request for .an easement , the City of f tascader•o also required an easement through our property ifs order to accomodate od•ate La. Jeal ` =_ situation . At that time a verbal agreement was reached. UnfortunatelyUnfortumately we did not ask her two document her c__mmi ttment paper .aper . Mr=_ . La. ,Teal told u=• that it would be to our i [�,=r-{ef I i�_ to grantgrant her �_h%: easement through our land . She t.a.ted that it the city at some future date required us to hook up to the sewer sxstem , it would be of no further cost to 1.1'= as she {:'•lcould alreadx have incurred the expense of bringing the sewer 1 i nes to and through our property . We were not excited about granting permanent easements to La Jeal or the c. i t;*' as easmen is encumber deeds , add building restrictions to our land and are generally not a good idea . We felt sorry for her situation and decided to allow her to die as she needed. We asked that she pay • 850 which t::l.a.s the hook up fee for the sewer in exchange for the easement . it was understood , that in e.>change VoJr the easements we I:':lere not going to incur additional costs, fcor her expenses tie come down the road to our property and through it at any later date . We spoke with the city and they were aware of our ar•rangment . At no time did the city mention to us that at a later date Shelly la Jeal would have the right to request reimbursement for the expenses she incurred bringing the sewer l i ne down the road to our land which was necessary in order for her to solve her d i l ema.. At a. later date She 1 1 :r was notified by the city she was entitled to reimbursement fee=.. We notified the 00 0 tha..t Ude were not to be included in those reimbursement fees as guaranteed in our agreement with La Jeal . We also believe that i + the city requested an easmen t to o come through our property and the cit;.' ful 1 yr understands the rights of people to reimbursement agreements, the city: had _. re_.ponsibi l i ty to let a=_• know if a reimbursement agreement would effect or not effec= t us upon granting these easements and running sewer l i nes to and through Cour property . Upon requesting an easement through our land, which we granted to the city, Ude should have been informed and had the right to decide if Ude were w i l l i ng to grant an easement and then be required to pax for it years later . • . ��� Before we pur sed our home on San Rafa� �we were notified of all possible reimbursement agreements we might have to pay . We believe the city has no right to request a reirabursement for Shelly La Jeal from us in order for us hook up to the sewer which we are now required to do , as we granted her very special priviliges to assist her in exchange for two things , one not to have to pay to run sewer to our house if the case ever arose , and $850 to hook us up . That is minor compared to owning an easement through our land . We had no idea that at a future date the city intended or decided to accomodate Shelly La Jeal by allowing her to gain a reimbursement from us for easements for herself and city easements through our land. We believe , the city had a responsibility to tell us that before you requested and received an easement from us. The city is fully aware and understands the rights of Yeimbursemnt agreements and for us to come to a point years later where you say to us , " too bad you should have had it in writing is not "disclosing" information to us when you requested the easements on La Jeal ' s behalf . I realize La Jeal made the official request but the city required an easement through our land and l believe you had a responsibility to tell us she would ultimately be entitled to collect on the expenses she incurred and to give us a choice on the situation . If the city believes we should be included in that reimbursement agreement we should have been notified at the time of the request to go through our property . If you ' forgot or didn' t think of it then , it is your error , certainly we should nc/t be punished by the city . In order to hook up to the sewer which we are now required to do, you are requiring we pay the reimbursement fee to La Jeal . We feel we should not be included in that requirement for the reasons stated above . We feel tricked by La Jeal and the city. We also believe disclosure is a responsibility backed by law. We granted her that easement for an agreed $850 and we granted one to the city for free . We did not expect to be required to cover her costs at a later date . We would like to respond to the hook up requirements immediately but do not wish to pay the reimbursement fees to Shelly La Jeal . Sincerely , . ' ! Ralph and Gale Day . cc City Council Members : Bonita Borgeson � � ��� 1 9 . ��� �•-9,� �� Cay`aY-ss 4�1 — '1 , N11•pYI 1 1 i 1 � •� A 1 E s 9 �iE F 1 � , � r�J•n•r�Y� nFs�•�Isa J 1 rl, , 7y Amy O i y , 1 J.1 int {_AVE. ,f Ry N 1 ' 1 I _/.v �.�i r•..i o......wr'r•' -. y7.t�sl 4V NNV t Al It TTNN�� AGENDA • MEMORANDUM DATE: March 14, 1989 TO: City Council VIA: Ray Windser, City Manager Henry Engen, Community Development Director FROM: Joel Moses, Associate Planner SUBJECT: Tree Removal Request - 10560 San Marcos Road BACKGROUND: The Tree Ordinance requires that Heritage Trees not be removed unless approved by the City Council following a Public Hearing. PLOT PLAN APPLICATION: Carl High and David Wells are requesting a Precise Plan to construct a residence at 10560 San Marcos Road. As a part of the Precise Plan they are requesting the removal of 4 native white oak trees on the site. One of the trees is a 40" Oak tree located in the proposed building foot print. The Staff is processing a Precise Plan for grading on slopes in excess of 20% for a single family residence on the site (PP 7- 89) . A previously approved Precise Plan (PP-41-87) lapsed for work on the site due to inaction on the grading permit. The site was posted with a stop work order prior to the processing of the Precise Plan due to grading and tree removal without a permit. An Arborist report has been submitted recommending the approval of the request. The report also recommends the implementation of a tree protection plan and the planting of six 15 gallon replacement oak trees. STAFF RECOMMENDATION: Staff recommends approval of the removal of the single heritage oak tree and the three other oaks as requested conditioned on the planting of six 15 gallon replacement oak trees as shown on the plans. JM/jm Attachments: Exhibit A — Location map Exhibit B - Site Plan Exhibit Bl- Site Detail Exhibit C - Floor Plans Exhibit D - Elevations Exhibit E - Elevations Exhibit F - Tree Removal Application IIII•B:IT A - LOCATION MAP CITY'RF ATASCADERO 10560 San Marcos Rd. Precise Plan 7-89 COMMUNITY DEVELOPMENT Nigh/Wells/Cuesta `s�c�FR„•' DEPARTMENT • J c 1 SF•Z � << ,� RS l �Y` (Pd Ao4,f� 11 v 1 / p T A - A� RS L(FH) SITE: 10560 San Marcos Rd. A _ { —1 R ASC/) • 9 MOPgoi q^ 1(/ D ,L(FH) t 7R - 0 L(FH) 1` I •5-r�j a , , RS(PDZ) RS Rt ���\ �•' _ . - .- RS i 1 EXHIBIT B - S I TL PLAN CITY OF ATASCADERO 10560 San Marcos Ra. t-� "• ::;�e ».w -� Precise Plan 7-89 COMMUNITY DEVELOPMENT High/Wells/Cuesta DEPARTMENT ''� � 1 \ Iwf lwrw.0 w�wi M• .��q 1 /// � �/ '�/ / r �•` , II\ 1 1 1 1( ` a wu.w xrnm wmw.atw�r `:��`'�i 1; .'r rr• � i /�f�,/t/ �// �/ !� \\i,l I'r ... n w+owi wn�—..w�a'..�i.:,.�s, , I /� �� / , 1 •,;. 1 � // /// � `/� � '. i 1 111 y .�I�Ln.www wwwwlw arlww nil ' 1 �/ ✓i'' Q'® !� % � �iI}'"' ; r`; ;, i� i / � �. r _ #w um WWW > _•�\\.'.1I�J 1�\% 1, V 1 l 1 \1 ', '_ 1 1 1 I 11\ \ \\ '\1.\\1\1 rr- awe `• 1 \ 1 \ � \\\\\ a l.' ,.`� ,. .. 1.•11 \ � 1 1 1 tl\,'�tv.f a afanw wm��iarma��:.. '�I11 _ .� 1• O caw rwwsrlwwlww.wu ' .. wnnw rw w110 s.wl.L r' aall r I1 / - w�r _ \ � f __• •��s�rr swww�w �.� .. \ M // . wrfwee•r+4 a�mrnw caw w.wrpwmww� /� ' a .w war®runwlr wa _ O �—� a.u'•oti carni aiw i G07AIftl i41171 AIV?MJTl R'1M.fI,1M!• wfwwlw. r Ica rnlr www I!Ica caw rw11.tl>e\Iwo m w r M AwIwZ..w0,..fA✓?fI a wwmrfsfwmlu>u■+I�_rrar w'r� ri ew.ef.�rww�r.wi-.nae �e wuA w—wwrfw/wr wwa i, fYerCo/a[A/N .++. r mwawwuwlar.lww..r��wlwmr � - CD857AEMGIIQBE8II11G "' ..a w.aim rnw. a I.wlrlr strwr+r_w•.n.+m. - aw wewr caw ti..os caw ..w s wfrr r.car caw rwrwr wr�wmrw.w...l�w.w>— ruc.rwo,rnurarrr caw rat � .•a. .Ica nw. ... .„ r..wr r-.+w EX17IBIT .81 - SITE DETAIL CITY OF AT 10560 San Marcos R AS CADERO a. Precise Plan 7-89 COMMUNITY DEVELOPMENT High/zaells/Cuesta DEPARTMENT • -1 77LV'r- eF v.+'.7•e «a gel __ I � 1� ', �r�;�f` �i 1Dr. ID1. N��•.,• l I / � /`/ /'//` ,;r/ �a ur 1 :\\\ 111 (1 �•s�t 4�1 If / d// _ O7® II I r / r rt '7 1 - \ I II ® /� + L � � I i r Il it �I�,'� t� � / �� �•j t t rt �rr r I I L��� 'r r r r + ! l tt 3 oar�t.� /10 ; fir �c\�x\'� \- .fAdfis7eE0 umnntAFre ratoAvencifinw 1. ALL MWING gull BE IN CDWMVJKE TD au►It7 y \ 70 OF TK CURRENT U.B.C.AND TITLE B OF 9l'1 2M 2!7—AMUS ANO$+W,9E • *�1 EXFTIBIT C - FLOOR PLAN CITY OF ATASCADERO 10560 San Marcos Rd. Precise Plan 7-89 COMMUNITY DEVELOPMENT Nigh/Wells/Cuesta DEPARTMENT iLt i4 Gst�CaE --_ r � rjpftM HDOK lDx�2 • O I -1 BO RM 12x U ' 01Hwra KH 14xt3 M4''R t3or.�1 I� 22xIG <�fT rld L WIW.m W WWII) O 17AIr2 LowEri rLc� TwL.#,H FEB 1 s JpPtn °LOOK 1'*LAH • m eao# 702 +7o? EXHIBIT D - ELEVATIONS CITY10560 SaOF n an Marcos Rd. �--`+!"� ' '� • {'� Precise Plan 7-89 k, 1 �.� N:9-7 COMMUNITY DEVELOPMENT High/Wells/Cuesta •� �15G1D ;on DEPARTMENTCn . Co a ,i, m cul soUTH ELEVAT 10h Cn Co Cn CaW II I Ii ,�i WE��T E LEVAY I OM. 71N. EXTUBIT E - ELEVATIONS CITY OF ATASCADERO ,_056o San Marcos Rd. Precise Plan 7-89 h p COMMUNITY DEVELOPMENT Hi g / wells/Cuesta DEPARTMENT coa ca lam:..I.�_li L N o�-,TH rEL EVA-1 101-1 CO �I w 4' EAST ELEVATION. � - �1 EXHIBIT F - TREE REM. APP . CITY y:,, F ATA SCADERO 10560 San Marcos Ra. —S� - Precise Plan 7-89 � cvieR� ' COMMUNITY DEVELOPMENT High/Wells/Cuesta • DEPARTMENT M ---+� ' COMMUNITY DEVELOPMENT DEPARTMENT i9is p si 1979PLANNING DIVISION A 'S� u I 6500 Palma Ave. P.O. Box 747 Atascadero, CA 93423 (805) 466-8000 APPLICATION' FORM Please type or print in ink Owner: Carl Hi ah Agent: Cuesta Engineering Address: 9475 Rocky Cyn Rd Address: 7401-B E1 Camino Real Atae adPro,_ CA 9342 _ Atascadero. CA 93422 Phone #: 466-716q Phone #: 466-6827 Applicant: David WPllc • Address: 9677 Tpchan Dr Huntingtnn RpachCA 92646 Phone #: (714) 964-0958 Project Description: Const. SFR Existing Use: Varant Project Address: 10560 San Marcos Rd Legal Description: Lot(s) PC1 . 3 ; Block ; Tract 1324 Assessors Parcel No(s) : 55-041-13 I/We consent to the filing of this application and declare that this application and related documents are true and correct. (NOTE: The signature of the property owner is required on the application before it will be accepted for processing. ) wner Agent • Date Date For Staff Use Only Fee: Receipt #: CITY OF ATASCADERO `s`T' —• COMMUNITY DEVELOPMENT GIDF.Rn� DEPARTMENT "tree Removal Permit /Application �ol {f� Supplemental Information " po� loin -1 DIP (Please type or print in ink) Reason for Removal : �jJ file eoml we ;px rMe el h4e Gl/! hAe Number of Trees to be Removed: Specify the size (meastired W above ground level ) , species (both common and botanical name) and condition of each tree to be removed: liae WA6gON Nie 007--*A1144L NAME W1(14;/,77dAJ. /. Q 2. WT W11 Bat 3. ' ¢. jG bib:fi eft e 62A S. 7. 6. /o. //. /2. 1$. /6. ' Specify the size and species of the trees proposed to replace those intended for removal : & m2i 4r hugN 7mrt c- CamO Please prepare a "Plot Plan" showing all improvements on your property, trees to be removed, trees to remain, and the proposed location of replacement trees as per- the attached example. Owner Ar�st zfs Certificate Number Date Date MESn AGENDA DAT ITEM Y ....... .- M E M O R A N D U M TO: City Council March 14, 1989 VI,A: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director 1 SUBJECT: ROAD ABANDONMENT 3-88 LOCATION: 7005 Atascadero Avenue APPLICANT: Better Homes & Gardens REQUEST: To allow abandonment of a portion of the San Andres Avenue right-of-way BACKGROUND: On February 7 , 1989, the Planning Commission conducted a public hearing on the above-referenced request. Upon review, the Com- mission recommended approval of the application subject to the findings of approval as outlined in the attached staff report. On February 28, 1989, the City Council approved Resolution 13-89 advising of a public hearing to be heard on March 14 , 1989 to consider abandonment. RECOMMENDATION: Approval of Resolution No. 18-89 for approval of Road Abandonment 3-88 . The resolution contains conditions of approval, including drainage work, which must be completed prior to recording the abandonment resolution. HE :ps Enclosures : Resolution No. 18-89 Staff Report - February 7 , 1989 cc : Richard Hawkins Eric Michielssen RESOLUTION NO. 18-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO VACATING A PORTION OF SAN ANDRES AVENUE PURSUANT TO STREETS AND HIGHWAYS CODE; PART 3, CHAPTER 3, SECTION 8320 WHEREAS, the Council of the City of Atascadero, by Resolution No. 13-89 advised of its intent to vacate a portion of San Andres Avenue as shown on the attached Exhibit; and WHEREAS, the City Council finds that Streets and Highways Code Section 8322 requiring notice of public hearing by publication, and Streets and Highways Code Section 8323 requiring notice of proposed vacation by posting, to have been substantially complied with; and WHEREAS, the City Council has at the public hearing received and considered all evidence offered by interested persons, and finds from all evidence submitted that this portion of San Andres Avenue is unnecessary for present or prospective public use. NOW, THEREFORE, the Council of the City of Atascadero does resolve as follows : 1 . The proposed road abandonment of the San Andres Avenue right-of-way is in conformance with the Genral Plan. 2 . San Andres Avenue has been constructed outside the right-of- way and provides adequate circulation in the area. The right-of-way is not necessary for future road purposes . 3 . The right-of-way is unsuited for development as a non-motor- ized transportation facility i.e. , primarily for the use of pedestrians, bicyclists, or equestrians . 4 . A Negative Declaration was filed on January 27, 1989 stating that the project will not have a significant effect upon the environment. 5 . The Council now vacates a portion of San Andres Avenue, pursuant to Streets and Highways Code Chapter 3 , Section 8320 subject to the following conditions of approval : 1 . The property owner shall indemnify and "hold harmless" the City from claims that may arise from the abandon- ment procedure. This agreement shall be reviewed and found acceptable by the City Attorney. 2 . An engineered grading and drainage plan shall require approval from the Public Works and Community Develop- ment Departments . Plans shall include, but not be limited to, the construction of a junction box and ex- tension of the 48" culvert to the property line. A • drainage easement shall be offered to the City, 10 feet in width adjacent to existing centerline of right-of- way. The offer shall be made and the culvert work completed (or bonded for) prior to recording the abandonment resolution. 3 . The applicant shall prove that the City has acquired the alternate right-of-way where San Andres Road now exists . 4 . A lot merger, including engineered legal description (metes and bounds) of the abandoned right-of-way, shall be completed prior to or simultaneously to the record- ing of the resolution. 5 . All conditions of this approval must be completed prior to or simultaneously to the recording of the abandon- ment resolution. 6 ... The City Clerk shall cause a certified copy of the Resolu- tion of Vacation, attested by the City Clerk under seal, to be recorded without acknowledgement, or further proof, to be recorded in the office of the County Recorder. on motion by and seconded by the motion was approved by the following roll 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: • RAY WINDSOR, City Manager APPROVED AS TO FORM.: JEFFREY G. JORGENSEN, City Attorney RESOLUTION 18-89 CITY OF �a�� EXHIBIT �CADERO • ��.�RQ �PA R�!iE�Ii IDEVLLOP�/1C:V�' D•.. "72 fCS�,� A '3 �N DCIVNI c;V 7 21 29 , TECOROA o �= �2 ) O Q' c. 19 t8 17 107 2 C ter 80 L - + J U c 21 22 PA C4 18 0 Z 12 o2i A • 11f ATASCADEROo a NOTE- 7-7140 OTE-7-7140 CITY OF ATASCADERO Item: B-4 , • STAFF REPORT FOR: Planning Commission Meeting Date: February 7, 1989 BY: [),D, Doug Davidson, Associate Planner File No: RA 03-88 SUBJECT: Consideration of a request to abandon a portion of the San Andres Ave right-of-way. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Better Homes and Gardens 2. Representative. . . . . . . . . . . . . . .Eric Michielssen 3. Project Address. . . . . . ... . . . . . . 7005 Atascadero Ave. 4. Legal Description. . . . . . . . . . . .Ptn. of Lot 20, Block PB, Atascadero Colony • 5. Site Area. . . . . . . . . . . . . . . . . . . . 0. 25 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .CR (FH) (PD3) 7. General Plan Designation. . . . .Special Commercial 8. Existing Use. . . . . . . . . . . . . . . . .Vacant 9. Environmental Status. . . . . . . . .Negative Declaration posted January 27, 1989 B. ANALYSIS: The applicant is requesting the abandonment of the old San Andres Ave. right-of-way which was realigned to its present pattern by the State Department of Transportation (Caltrans) in 1962. Although San Andres Ave. was constructed outside this original right-of-way, it still appears on the assessor' s parcel maps (see Exhibit B) . The property owner wishes to utilize one-half of this right-of-way (25 feet) for a future commercial development. The title report shows that the applicant' s ownership already extends to the centerline of the old right-of-way. Thus, the request is for the City to abandon its interest in this right-ofis - way as a future road. • Prior to adopting a Resolution to Vacate, the •City must be certain that the right-of-way is not necessary for future road purposes and that the abandonment will not interfere with the present or future provision of utility services. Staff has received approvals of this request from all the affected public utilities And City departments. Pacific Gas & Electric, Pacific Bell, and Southern California Gas Co. have no facilities in the area, and thus, are not requiring easement reservations. The Atascadero Mutual Water Co. has a six-inch water line near the drainage channel, which will have to be relocated by the developer during construction. The blanket easement of the Water Co. ensures their easement rights. The Fire Department has noted the need for the existing fire hydrant to remain upon future development. The Public Works Department has required the applicant to make an offer of dedication to the City for a drainage easement, ten (10) feet in width from the centerline of the existing right-of-way. Grading and drainage plans are required, as well as the submittal of proof that the City has acquired the alternate right-of-way where San Andres Ave. now exists. The existing San Andres Ave. provides adequate circulation and the old right-of-way is not necessary for future . road purposes. Road abandonments (now technically called vacations, but abandonment is still the prefered choice for general reference) are accomplished by resolution of the City Council. The procedure is governed by the Street and Highways Code, under which the Planning Commission must make the following two findings: 1. That the abandonment is in conformance with the City' s General Plan. 2. That the right-of-way is unsuited as a non-motorized transportation facility, i.e. primarily for the use of pedestrians, bicyclists, or equestrians. Both of these findings can clearly be made. When a road is abandoned, one-half of the right-of-way reverts to each of the adjacent property owners. The other property owner involved in this case has been notified of these proceedings and is in favor of the proposed abandonment. • C. RECOMMENDATION: Staff recommends that the Planning Commission make the Findings in Exhibit G and recommend to the City Council that the right-of- way be abandoned. . ATTACHMENTS: Exhibit A - Location Map Exhibit B - Assessor' s Parcel Map Exhibit C - Record of Survey Exhibit D - Drainage Channel Exhibit E - Proposed Site Plan (Preliminary) Exhibit F - Supplemental Development Statement Exhibit G - Findings for Approval Exhibit H - Resolution of Intent to Vacate (Draft) EXHIBIT A LOCATION MAP CITY OF ATASCADERO RA 03-88 r 1911] ,. " ' 1970 asCAD COMMUNITY DEVELOPMENT DEPARTMENT -10 „�-• y '� - —rte/ i' .'`... � I / �/ .+--*'` • S p�. + �'JE _ i �/ 'fit }''� '4 �_ + r •i l 1 , � 90NOA4� � I 1 r0 L(FH)� R�`F Y, i �- RMF R M Fo-�� o l' .0 axn ♦ t V FH I j i 1 x,11 `n1 •I ,=-+ n SrNdl_Oq� i� -�� •� '' --cam �� ` :.L g,F•Y S ITE r I CIO , ' � ,►HOPES �-. � � ',� • i0 � � �. o � 44 EXHIBIT B CITY OF ATASCADERO ASSESSORS PARCEL MAP 1879 RA 03-88 CAMI COMMUNITY DEVELOPMENT DEPARTMENT i7I�G PGSkD A SAN 00N NI ENT' - - - 27) 0 5 240-35'_E 21 3 .l 29 TECORIDA a � 4 ' t ' W /80 ' 1/0' Il5 co C ti ti� h Q `,r 19 18 tz 17 ' S 25°_ 22 E.. IQ7.22 IOF.80 99,9 P 28994 N 200 594 20 D 21 D 22 F .� tai Ul (n ,n 70 O I Q � 7 18 (D2 3 9 Ei5.61 S'U' /UOi /00{ 0 ATASOADERO 8 NOTE- Rev. 6j z3 R4 f2-iC.-gq �`1���• \� CT EXHIBIT C diB+1•� �. TY OF ATASCADERO RECORD OF SURVEY • Ise *-7 RA 03-88 COMMUNITY DEVELOPMENT DEPARTMENT s RC 09 P4 1 ROADf TORR D �• 25Rs 99 ,. .. 541 4' DO M X29�W AD M 25.04'DO Al B w THIS S.5.44R-1, w/rh STATE HW Y RW ACTS d/'S722� L79.27'R2321.9no R_/, DD-I f M /0834 SET DETA/G B R , l .249 z 5228'M S I T E 0. 2449 ACRES—' /N7 1 y V—A TO OF R/w p92 20 p x A p SPT, ee.A1�pT,00�Q,8 sp 6A 6 b 0e 1 /; F.LE AT a, .,►�;s Z .Z i tn / 21 `'.�.oo: /C t���,5 STATF HWCaD- Y RW f�"C � �O� 22 No- -p .SP a► ,� /8 23 w 00 .4 ..'t \ /T 26 3p� s hog g5 gl � vi 00 m /5 } EXHIBIT D DRAINAGE CHANNEL CITY OF ATASCADERO te RA 03-88 . CAD -7 DEVELOPMENT DEPARTMENT L rts/ •ai''4 .j ' e IV L44J UMTS OP I� SO, R/W �' e fV. 674 l SU 6S ECT (ar• iEGrifOl'i+M�l`t`� % sy.:Amo¢E E O (� K 1 Y / \\ i T it ,t M0, •�•,v�— 'i_ ° (O W N E R S N IF) fA�fTNEVIIGINNCG a•., 1 ALX � �EXIST. 2i"C.U.P• .\ 5__._E' - \ �\ -A -A L • EXHIBIT E PROPOSED OSED SITE PLAN ��, .r■, .•.� • ,�, TY OF ATASCADERO (PRELIMINARY • x191 RA 03-88 �rasc�wl COMMUNITY DEVELOPMENT DEPARTMENT !,-r l rr \;- C— 41 w v <<�I cu ------------- ,. � N cn u APPRES AVR, • • EXHIBIT F SUPPL=I NTAL DEVELOPMENT STATEMENT 7005 Atascadero Avenue, Atascadero • This application concerns a request by the property owner for the abandonment, formally, of the old San Andres Avenue right-of-way, which was re-al$figned by Cal Trans in 1962. The current property owner owns a portion of the old road in fee title (see attached Title Report) . In March 1961, Cal Trans acquired property to re-al,$ign the San Andres Avenue/Atascadero Avenue and Highway 41, thus eliminating a dangerous six-way intersection. The subject property was created by the Cal Trans re-alAignment. Old San Andres Avenue still appears on the maps, however, as mentioned above, the applicant actually owns the roadway, in fee title. The applicant is desirous of utilizing the unused portion of old San Andres Avenue, that he owns, for future development. San Andres Avenue at the subject property will never be used by the City for a future road. In fact, in the Grant Deed to Cal Trans the Granter, " re-linquished any and all rights to the use as a roadway of that 10portion of the above said San Andres Avenue, lying northerly of and adjoining the above said Lot 20 of Block P-B." A portion of old San Andres Avenue is currently utilized for drainage ' purposes (ditch}. Most of the present ditch is located on the east one-half of the old right-of-way. On September 19, 1988, the applicant's representative met with Mr. Green of Cal Trans Right-of-way department, and discussed the use of the old San Andres Avenue right-of-way. He said that Cal Trans is not concerned with construction of improvements in the old right-of-way. Cal Trans would expect that the property continue to accept drainage in the existing ditch. According to Cal Trans, the ditch is not on Cal Trans property, but, they would like to see the present ditch maintained. Mr. Green, in fact, said it is the City's responsibility to maintain the ditch. It is the owner's intention to develop a building on said lot and utilize a portion of the old right-of-way. However, any building will be no :closer than 10 feet of the old R/W centerline, thus insuring the continued use of the current ditch. The applicant's use of the property lying within the old San Andres Ave. R/W is in no way precluded by the Cal Trans Grant Deed (enclosed) . The Title report mentions an easement (see �8 of report) , however, it is not defined and is concerned, according to Mr. Green, only with maintaining the present ditch and acceptance of drainage waters onto said property: Therefore, the applicant requests abandonment of any City of Atascadero claim to a right-of-way on subject property. The applicant would be willing to execute a more precisely defined grant of easement for drainage purposes • only of approximately ten (10) feet along the centerline of the old San Andres Ave. Right-of-way. Exhibit G - Findings for Approval Road Abandonment 03-88 7005 Atascadero Ave. (Better Homes and Gardens/Michielssen) FINDINGS: 1. The proposed abandonment is consistent with the General Plan. 2. The right-of-way is unsuited for development as a non- motorized transportation facility, i.e. primarily for the use of pedestrians, bicyclists, or equestrians. 3. San Andres Ave. has been constructed outside the right-of- way and provides adequate circulation in the area. The right-of-way is not necessary for future road purposes. 4. The proposed abandonment will not affect any existing utilities and adequate utility easements have been retained. • • EXHIBIT H • RAFT RESOLUTION RA 03-88 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO CONSIDERING INTENT TO VACATE A PORTION OF THE SAN ANDRES AVENUE RIGHT-OF-WAY PURSUANT TO STREETS AND HIGHWAYS CODE; PART 3, CHAPTER 3, SECTION 8320 WHEREAS, Streets and Highways Code Section 8320 requires that the Council shall, by resolution, advise of its intention to vacate a street described as follows : A portion of the San Andres Avenue right-of-way shown on the attached exhibit. WHEREAS, pursuant to Government Code Section 65402 , the City Planning Commission has recommended to the Council its finding that the vacation of this portion- of the San Andres Avenue right- of-way is in conformance with the General Plan; and WHEREAS, pursuant to Streets and Highways Code Section 2381 , the City Planning Commission has recommended to the Council its finding that this portion of the San Andres Avenue right-of-way is not suitable or useful as ` a non-motorized transportation • facility; and WHEREAS, the vacation of this portion of the San Andres Avenue right-of-way will not affect any in-place, in-use public utility facilities or that adequate relocation of utilities is provided. NOW, THEREFORE, the Council of the City of Atascadero resolves as follows : 1 . The City Council shall hold a public hearing on February 28, 1989 to consider a Resolution of Vacation at which time all persons interested in the proposed vacation may be heard. 2 . The City Clerk shall cause the notice of this public hearing to vacate this portion of the San Andres Avenue right-of-way to be published in the same manner as other resolutions of this Council. 3 . The Clerk shall execute and file an affidavit, as proof of- publication of the notice of public hearing to vacate. 4 . The Director of the Community Development Department shall forthwith cause to be posted, conspicuous notices of vacation in compliance with Streets and Highways Code Section 8323 . As proof of the posting of the notice, the Director of the Community Development shall execute and file an affidavit setting forth the facts of the posting in detail, as to time and manner. • PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascaderd held February 28, 1989 . AYES: NOES: ABSENT: ATTEST: BOYD C. SHARITZ , City Clerk APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: • JEFFREY G. JO RGENSEN, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director ( file: c : \rdaban. res) DRAFT RESOLUTION CITY OF ATASCADERO EXHIBIT r 1N1•����, � � Itl7p� • `S ' �scweRD: COMMUNITY DEVELOPMENT DEPARTMENT �i�G r�GSCD /18AN DCNNl L=NT— - r27) 1 EA (ST I C— �h E 0 21 n 4 TECORIDAb� . c� , ,,,� 190 llO . I13 t co e 0 O 19 18 IT by S 2`O 22' E. IR9�t __—Ic)7.22 9 � � � 20 ,D 21 r� 22 �0 ,n F V. tai ,t. 1 N to -3 65.61 0 to ATASCADERO e NOTE— R�v 6�z3 R0 • �rffMUM 7 MEETING M7M0RAN7'DTUM DA - (Ord. No. 191 2nd reading) Vail= and, (-Jzy C,:Dunciil ` "y Managk--�r -1- Fau' M. Sensi-Laugh, Director cf Pub' -' c Wor'.s/'Cit-y Engi.'neer e a ., nal Deveiopment 7 Dr i :r -d" nal ce t Ta: 17 a e ft�-,C-" e w i's Ave . ee 01 ea.I of RcO I , - ADove, —,89 r-,i a ll: ✓ a --cor,,,nnends- Cl-D-1-Irc i _ -ei:,eal 0---dirian-r-e 1-11 . C)"—:12i ri,:,)nce - I . , -)n, 5 P recoxnrf,enas i-e:- eS 0 1.1 - 4 a c, Re u 1- L-1 -86 . 10-86 and Resolla- ion • _'Le a--Iove 'D r,a n c e s and resol-u--- ions nave been si-lner—d-d 'r,,.an c e. 183 a nd Resol,aIt --; o n 100-88 . iri i s is t h e last, step i n the h o ii s e c I ear in fc,-1- t e.97 S ;-a 7r on iv cost-of-liv:ng increases s W-111 be placed before Council in 17-'ni� fia-ure . Jscal Impact : This action has no financial impact . • ORDINANCE NO. 191 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO REPEALING ORDINANCE NO. 111 (DEVELOPMENT MITIGATION TAX) , ORDINANCE NO. 118 (LEWIS AVENUE BRIDGE FEE) , AND ORDINANCE NO. 119 (DEVELOPMENT IMPACT FEE) WHEREAS, Ordinance No. 183 , establishing development impact fees, was adopted by the City Council and became effective on February 24, 1989 ; and WHEREAS, Ordinance No. 183 supersedes Ordinance No. 111 (development mitigation tax) ; and WHEREAS, Ordinance No. 183 supersedes Ordinance No. 118 (Lewis Avenue Bridge fee) ; and WHEREAS, Ordinance No. 183 supersedes Ordinance No. 119 (development impact fee) ; NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: • Section 1. Ordinance No. 111 is hereby repealed. Section 2 . Ordinance No. 118 is hereby repealed. Section 3 . Ordinance No. 119 is hereby repealed. Section 4 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code Section 36933 ; shall 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 5. 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: • I� • ORDINANCE NO. 191 Page 2 AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CALIFORNIA By BONITA BORGESON, Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: JEFFREY G. JORGENSEN, Cit Attorney Y APPROVED AS TO CONTENT: JGJ: fr/2/23/89 C:ORATA191 i MEETIN 4, , ,,AGENDA,,_ ,..� DATE�.,,�� ITEM�i �,.,.�:� M E M O R A N D U M TO: City Council FROM: Ray Windsor, City Manager SUBJECT: Proposed 1/2 Cent Sales Tax DATE : March 14, 1989 At its meeting of March 8th, the County Mayors/Managers Committee met to discuss the issue of supporting an additional 1/2 cent sales tax to provide revenue for transportation-related improve- ments . Information on this issue is contained in the attached memorandum from the City Managers and County CAO, together with a report from the County Manager. As a result of the discussion on this item, there was a motion • made, which was unanimously passed, to direct the S .L.O. Area Coordinating Council to go ahead and budget funds to conduct a Needs Survey relating to the proposed sales tax increase. It was the consensus of the group that, without first undertaking the Needs Survey, it would difficult for individual cities to make a definitive commitment to this program. As a corollary, the man- agers group were asked to provide, for each city, a synopsis of the legislation providing for the 1/2 cent sales tax and to in- vite the Director of the Santa Barbara Area Coordinating Council to make a presentation on the pros and cons of this issue, which they attempted to pass last year. Finally, it was stated that, in the near future, there would be presentations on this issue before each City Council and the Board of Supervisors . Attach. RW:cw MEMORANDUM • TO: Mayors/Board Chairman FROM: City Managers/County Manager SUBJ: Sales Tax DATE: March 8, 1989 In 1987, Senate Bill 142 was signed into law authorizing all California counties to increase their sales tax by up to one percent to develop revenues for transportation improvements. Such authorization requires an election with over 50% of the voters county-wide approving. In July of 1988;• the City/County Managers presented to the Mayors/Board Chairman of this county a proposal requesting authorization to study this matter to determine the feasibility of asking San Luis Obispo County voters to approve such an increase. The Mayors/Board Chairman approved such a study to be done. With the assistance of the County Engineer and the Area Coordinating Council Director a study was prepared which established a number of issues which need further direction from the Mayors/Board Chairman. Attached is a summary of the contents of the study prepared as indicated above. The study addresses the projected needs for transportation development by the agencies in our county for the next twenty years. The conclusion is that with the utilization of our current revenue resources we will be over 400 million dollars short of the funds to do what needs to be accomplished. Even with the revenues projected from a 1/2 cent sales tax increase we will still be 137 million dollars short of the anticipated expenditures. The City/County Managers would like to discuss the following issues with the Mayors/Board Chairman: Half Cent Versus One Cent As indicated before, a half cent sales tax increase would still fall short of anticipated expenditures. Research has indicated that attempting a full cent sales tax increase has met with a negative impact from the voting public. To our knowledge no election for a full cent sales tax increase has ever been approved by the voters. Attached is a summary showing ballot measures for sales tax increases as voted upon in the June 1988 general election. Sales Tax March 8, 1989 • Page 2 Structure of the Proposed Transportation Authority The legislation requires that a Transportation Authority be established to oversee the administration of sales tax funds generated if the measure is successful . The City/County Managers would propose that the Transportation Authority be comprised of a body made up of the Mayors and the Board of Supervisors. We would further recommend that the City/County Managers serve as staff to the Transportation Authority with the County Engineer and Area Council Director providing technical assistance to the City/County Managers. Needs Survey One of the first tasks that needs to be accomplished to bring this matter to election is the hiring of a consultant to do a needs survey. The purpose of this survey is to determine public support and to develop a strategy relating to the types of projects that the citizens of our county would support at an election. • There are many issues that need to be determined in such a survey. Some of these include public support for improved streets and roads versus expanded funds for transit and amenities such as bicycle paths. Public support needs to be determined for major projects of a regional nature versus local projects of a smaller scale but with a cumulative impact. Public support needs to be determined relating to the issue of new construction to improve circulation versus the maintenance or improvement of existing traffic systems. Efforts need to be made to determine the extent of the public's perception that more funds for road projects would be growth inducing and what could be done to address that issue. The needs survey requires funding. The estimated cost of such a survey ranges between $20,000 and $30,000. The City and County Managers would suggest that there are two possible methods of funding such a survey. The easiest and less complicated method of funding the survey would be to request that the Area Coordinating Council budget for and conduct this survey using Transportation Development Act funds. The Area Council Director supports such a proposal . The second and more cumbersome approach would be to have all eight represented agencies budget for their portion of the needs survey cost based on population. Sales Tax March 8, 1989 Page 3 • Role of the Area Council The City and County Managers see two roles for this organization. The first would be to fund and conduct the needs survey. The second would be to act in an advisory capacity to the Transportation Authority when it is formed. This would be accomplished organizationally by utilizing existing authority contained in the current Joint Powers Agreement for the Area Council . That agreement contains language establishing an Administrative Committee made up of the managers of the member agencies. They would, in effect, act as staff to the Area Council relating to this matter. Citizen Involvement This proposal will not be successful unless there is broad-based community support. Elected officials and appointed personnel cannot successfully be placed in that leadership role. However, through education of the public and through recruitment of the necessary general public leaders, elected and appointed officials do have a role. Important groups to involve would be a public Coalition of Citizens like those involved in the now defunct Vision 2000, Chambers of Commerce, and environmental groups, just to identify a few. Role of Relationships with Adjacent Counties The impact of an increased sales tax will be significant to the businesses in our County. Some effort has been made to work with the Counties adjacent to ours to coordinate a combined attempt to propose the sales tax increase concurrently. Important Counties in this consideration would be the Counties of Santa Barbara, Ventura, and Monterey. RECOMMENDATIONS The City/County managers would propose six distinct recommendations relating to this matter: 1. Reaffirm support of the concept of conducting an election for the purpose of adding a one half cent sales tax for transportation purposes. Sales Tax March 8, 1989 Page 4 • 2. Support the proposed organizational structure with the Mayors and Board of Supervisors acting as the. Transportation Authority. The City/County managers would act as Staff to the Transportation Authority utilizing the County Engineer and Area Council Director for technical assistance. The Area Coordinating Council would act in an advisory role to the Transportation Authority. 3. Support the proposal that the Area Coordinating Council fund and conduct a Needs Survey relating to the proposed sales tax increase. 4. Begin thinking of involved community leaders who could form an organization to educate the general public of the need for such a sales tax increase and be prepared to suggest individuals and organizations at a subsequent meeting. 5. Support the concept of a multi-county effort to secure funds for transportation purposes. 6. Communication with the other elected officials of their organization to inform them of this proposal and to enlist their support. s Increased Local Sales Tax for Transportation Prepared by : County Engineering Department Recent studies by the County Engineer, in coordination with the Area Coordinating Council, indicate $384 million is needed for street and road improvements over a 10-year period, and $756 million total during the next 20 years. These figures include new construction and reconstruction on local roads and streets, as well as state highways throughout San Luis Opispo County and Cities. Existing federal , state, and local sources of revenue for road construction have been projected to generate $155 million over a 10-year period, and $349 million total during the next 20 years. The result of these projections is a funding shortfall. The • shortfall amount is $229 million for 0 to 10 years , and $407 million over a 20-year period. - There are a variety of ways the shortfall could be reduced or eliminated. New sources of funding include bonds, redevelopment agencies , development fees, local fuel tax increase, and local sales tax increase. Comparisons among these show the sales tax to be the most realistic method for financing at least part of the needed transportation improvements. Forecasts show that a 1/2 percent increase could generate $108 million in 10 years , and $270 million in 20 years. Even with a 1/2 percent increase there will be a funding shortfall of $121 million for the 10 year period and $137 million for the 20 year period. Steps need to be taken very soon to initiate the process , if it is felt that the sales tax increase is the way to go. The early j . steps include establishing a Transportation Authority , choosing an expenditure plan , and setting an allocation formula. However, the first step should be to conduct a survey to determine community support for this sales tax increase, as well as favored transportation improvements. Increased Local Sales Tax for Transportation 10-Years 20-Years Needed Improvements Street, Road and Highway $384 million $756 million Existing Revenue Sources Federal , State, and Local $155 million $349 million SHORTFALL $229 million $407 million Alternative Sources of Revenue Bonds (including Mello-Roos Act of 1983) Redevelopment Agencies Fees charged to new development Local fuel tax increase Local sales tax increase Evaluations of these options show Local Sales Tax Increase to be the most realistic method for financing the funding shortfall . Forecast Revenue Local sales tax increase $108 million $270 million What Happens Next? Conduct a survey to determine community support, and find which improvements are most favored for expenditure plan. Form Transportation Authority to place sales tax increase initiative on November 1990 ballot. Determine revenue allocation formula. Finalize Transportation Expenditure Plan. Possible Timetable J u Fe7 1989 Board of Supervisors establishes Transportation Authority August 1989 Transportation Authority adopts Expenditure Plan August - November 1989 Board of Supervisors and City Councils adopt Expenditure Plan December 1989 Transportation Authority adopts Ordinance for sales tax January - November 1990 Campaign activities ' August 10, 1990 Board of Supervisors puts sales tax item on ballot by this date. November 6, 1990 Election DAy - simple majority required to pass sales tax item. 6845z County Supervisors Association of California SALES TAX INCREASE MEASURES ON JUNE 1988 BALLOT (Unofficial results) County Designation Increase Purpose Outcome Na j Calaveras Measure A 1/2% General Failed 2,075 7,293 (22.1%) (77.9%) Del Norte Measure A 1/2% General Failed 1,066 4,264 (19.1) (80.9%) El Dorado Measure A 1% Roads Failed 9,108 22,284 (29.1%) (70.9%) Inyo Measure A 1/2% General Passed 2,815 2,601 (52.0%) (48.0%) I , Mendocino Measure A 1% Library Failed* 12,254 10,653 (53.5%) (46.5%) Mono Measure A 1/2% General Failed 949 2,066 (31.5%) (68.5%) Sacramento Measure A 1/2% Roads Failed• 119,337 130,917 (47.7%) (52.3%) San Benito Measure A 1/2% Roads Passed 6,234 1,284 (82.9%) (17.1%) San Diego Prop A 1/2% Jails Passed 218,648 213,814 j (50.6%) (49.4%) San Mateo Measure A 1/2% Roads Passed 68,863 42,602 (61.8%) (38.2%) Trinity Measure A 1/2% General Failed 1,147 3,181 (26.5%) (73.5%) • 2/3 voter approval required for passage Prepared by: County Supervisors Association of California (6/8/88)