HomeMy WebLinkAboutAgenda Packet 01/10/1989 GEORGIA RAMIREZ
DEPUTY CITY CLERK
A G E N D A
ATASCADERO CITY COUNCIL
REGULAR MEETING
ATASCADERO ADMINISTRATION BUILDING
6500 PALMA
FOURTH FLOOR, ROTUNDA ROOM
JANUARY 10, 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
** PROCLAMATION: "NATIONAL VOLUNTEER BLOOD DONOR MONTH" ,-
January 1989
COMMITTEE REPORTS:
(The following represents Ad Hoc or Standing Committees .
Informative status reports will be given, as felt necessary. )
1 . City/School Committee 7 . Police Facility
2 . North Coastal Transit Committee
3 . S .L.O. Area Coordinating 8 . Atas . Lake Acquisition
Council Committee
4 . Traffic Committee 9 Business Improvement
5 . Solid/Hazardous Waste Mgmt. Assoc .
Committee 10. Pavilion Committee
6 . Economic Opportunity Commission 11 . Tree, Committee
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 . DECEMBER 13, 1988 CITY COUNCIL MINUTES
2. DECEMBER 14, 1988 JOINT COUNCIL/PLANNING COMMISSION MINUTES
3. DECEMBER 21, 1988 SPECIAL CITY COUNCIL MINUTES
4 . FINANCE DEPARTMENT REPORT - NOVEMBER 1988
5 . CITY TREASURER' S REPORT - NOVEMBER 1988
6. CLAIM OF MARIE S. BROWN ($75,000) - RECOMMEND DENIAL
7 . CLAIM OF REBECCA WILLIAMS ($250,000) - RECOMMEND DENIAL
S. ACCEPTANCE OF FINAL TRACT MAP 1-88, 9780 AND 9790 LAS LOMAS
ROAD (RICHARD MONTANARO)
9. APPROVAL OF TENTATIVE TRACT MAP 19-88, 5900 BAJADA AVENUE
(DAVID & VALERIE LOW)
10. RENEWAL OF BLUE SHIELD VISION CARE
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11. LETTER CONFIRMING COUNCILMEMBER MACKEY'S CONTINUING TO SERVE
ON COUNTY SOLID WASTE COMMITTEE & APPOINTMENT TO COUNTY
HAZARDOUS WASTE COMMITTEE
12. ABSENCE OF COUNCILMEMBER DEXTER ON MAY 23, 1989
B. HEARINGS/APPEARANCES:
1. ORDINANCE NO. 184 - ZONE CHANGE 14-88, CLARIFYING THE 1/2
ACRE MINIMUM LOT SIZE STANDARD FOR LSF-X AND RSF-X SINGLE
FAMILY RESIDENTIAL DISTRICTS ( Second & final reading, by
title only) (Cont' d from 12/13/88)
2. ORDINANCE NO. 183 - AMENDING ORDINANCE NO. 119 RELATING TO
DEVELOPMENT IMPACT FEES (Second & final reading, by title
only) (Cont' d from 12/13/88)
3 . RESOLUTION NO. 1-89 - GENERAL PLAN AMENDMENT 1A-89, 10785 &
10857 EL CAMINO REAL - REQUEST AMENDMENT OF THE LAND USE MAP
OF THE GENERAL PLAN TO EXPAND THE URBAN SERVICES LINE
(Estate of Maria Colombo/Glen Lewis)
• 4. TREE REMOVAL REQUEST: 9582 LAUREL ROAD (Precise Plan 40-88)
** BREAK
C. UNFINISHED BUSINESS:
1. DOWNTOWN MASTER PLAN AND TASK FORCE (see Item D-jr)
D. NEW BUSINESS:
1 . ABANDON EASEMENT - CENTURY PLAZA
2. REQUEST FOR INITIATION OF ZONING ORDINANCE TEXT AMENDMENT-
DANISH CARE CENTER
3. APPROVAL OF PROPOSED CRITERIUM BICYCLE RACE - MAY 7, 1989
4 . SEPTIC FAILURE, 5201 JUAREZ - REQUEST FOR RELIEF (Carrick)
5. STATUS REPORT OF VARIOUS PROJECTS AND REQUEST FOR STUDY
SESSIONS
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B. INDIVIDUAL DETERMINATION/AND OR ACTION:
1 . City Council
2 City Attorney
3 . City Clerk
4 . City Treasurer
5. City Manager:
a. Request for study session re: project prioriti-
zation and financing
COUNCIL WILL ADJOURN TO A CLOSED SESSION FOR DISCUSSION OF
POSSIBLE ACQUISITION OF DOWNTOWN PARKING LOT.
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P R O C L A M A T I O N
NATIONAL VOLUNTEER BLOOD DONOR MONTH
January, 1989
WHEREAS, Blood is needed every day to help people survive
accidents and surgery, and to help people fight cancer, leukemia,
hemophilia and other diseases; and
WHEREAS, only 5 percent of the eligible donor population
actually donates blood; and
WHEREAS, the need for blood increases each year to meet the
health care needs of our community; and
WHEREAS, there is a great need for more voluntary blood
donors to provide a safe, adequate and local supply of blood for
our community; and
• WHEREAS, the President of the United States has declared
January to be National Volunteer Blood Donor Month.
THEREFORE, I, Bonita Borgeson, Mayor of the City of
Atascadero, do hereby proclaim the month of January as National
Volunteer Blood Donor Month for our City and urge all citizens to
pay tribute to those among us who donate blood for others in
need.
I urge citizens of all ages in good health to donate during
January as we pay tribute to blood donors .
I urge all civic and service organizations, if they have not
already done so, to form blood donor groups to provide blood for
others .
IN WITNESS WHEREOF, I have here set my hand and caused the
seal of the City of Atascadero to be affixed this 10th day of
January, 1989 .
CITY OF ATASCADERO
is
BONITA BORGESON, Mayor
ETI AGENDA
ME
SII
JOINT CITY COUNCIL/PLANNING COMMISSION MEETING
MINUTES
Wednesday, December 14, 1999
The special meeting of the Atascadero City Council and Planning
Commission was called to order at 7 p .m. at the Prather Building
by Mayor Borgeson. It was immediately adjourned to the National
Guard Armory where the meeting reconvened at 7: 15 p .m. followed
by the Fledge of Allegiance.
ROLL CALL:
Present : Council members Dexter , Shiers, Lilley, Mackey and Mayor
Bergeson
Commissioners Luna , Highland , Lopez Balbontin,, L-Jaage,
Brasher , Tobe,• and Chairperson Lochridge
Staff Present : Henry Engen, Community Development Director ; Paul
Sensibaugh , Public Works Director ; Mike Hicks,
• Fire Chief; Ray Windsor , City Manager ; Mark
Joseph , Administrative Services Director and Boyd
Sharitz , City Clerk .
1 . PUBLIC HEARING ON THE PROPOSED EXTENSION OF HIGHWAY 41
Council and Commissioners introduced themselves. Ray
Windsor , City Manager , introduced staff and the Cal Trans
Representative, Jerry Hanto , Deputy District Director ,
Project Development and Construction.
Haver Bergeson discussed the rules of participation for the
evening ' s discussion. Speakers will be limited to three
minutes unless= they are spokesperson for a group in which
case it will be 5 minutes .
Henry Engen, Community Development Director , gave the staff
report .
M - . Hanto , Cal T+ ans Rep, esentativ=, reviewed Cal Trans '
written response to a letter- from the City Manager , Ray
Windsor , to Cal T,-ar:s.
Council and commission comments fc- ?. lowed .
Commissioner Brasher stated th�it clarification wa=_ needed,
• y om Mr- . Hanto regarding input from the public . At the
!,Joember 29th meer, i nt Aust i rr _:ar 1 tan 17rom Cal Trane spoke
1^ the 3slue, he that any input that t. -+e pub' 1c"
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developed up to and including this public hearing tonight
would be a part of the documentation. Yet evidently such is
not the case. She wanted to know exactly what is meant when
he speaks of consideration..
Mr . Hanto responded that he was not present at that hearing
so he could not say precisely what was said. It is his
understanding that it was understood by at least some
members of the audience that Cal Trans would keep the record
open until some future date that was unspecified . If the
record was kept open it would be included in the document as
part of the document itself.
Mayor Borgeson read a transcript of the hearing of November
29th and Mr . Austin Carlton he did not say he supposed
that the public comment would be kept open. He definitely
stated that we can take written documents beyond that date
to be included in the final document . He stated that it
seemed to him that Cal Trans can extend the time limit on
this environmental document . Another Public Hearing was
needed and saw no reason why Cal Trans can ' t accommodate
that . He further stated "we can extend the time of the
document" . Mayor Borgeson asked if Cal Trans position had •
chanced on this .
Mr . Harto stated that Cal Trans will consider all of the
documentation but only include in their report that received
by December 1st .
Further discussion by Commission and Council members
followed . At this time Mayor Borgeson opened the meeting
for public comment .
Terry Graham, 6205 Conejo Road , commented that a special election
should be held to decide this matter.
Bob Ellison. attorney from Fresno , representing Ed Allred , spore
against Alternate A and in favor of Alternate B. He asked
Council to request that Cul Trans prepare an EIR and that council
defer anv decision until the entire environmental process has
been completed .
Eric Micheilssen, 5500 Aguila , spoke in favor of Alternate A.
Barbara Schoeneke, `7505 Marchant , stated that there is not enough
information for the City Council and the residents of Atascadero
to make a proper choice. An EIR should be completed before a
decision 1 made by tt�e counc i 1 .
Bill Gam a , 10755 Atascadero ()Ve. , spoke in favor c;f Alternate •
r.
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Dr . Anthony Avina presented to Council a copy of a resolution
passed by the Atascadero Unified School District Board of
Education in favor of Alternate A.
Mildred Copelan, 961.0 Portola, stated she strongly supported
Alternate A.
Doug Sheffer , 8085 Curbaril , spoke in favor of Alternate A.
Jim Comes said he felt Alternate A is the only way to go .
Norm Canfield , 10690 San Marcos, President of the Atascadero
Board of Realtors, representing 170 members of the Board of
Realtors, spoke in favor of Alternate A.
David Baker , Director of the North County Contractor ' s Assoc .
spoke representing 500 members of the Assoc . and stated that they
were in support of Alternate A.
Glen Lewis encourage the Council to act now -- don ' t wait any
longer .
John Cotscnmeyer , 8705 Casanova Rd . , President of the Atascadero
Chamber of Commerce, and `Dice President/Manager of Bank of
America in Atascadero . He stated that Highway 41 Alternate A
makes good business and economic sense and he strongly supports
Alternate A.
Al Gustafson, 9305 Curbaril , spoke regarding the truck: traffic on
Curbaril Ave. and the growing dangers to school children on their
way to school . Give the trucks a safe and proper way to take and
make their livelihood .
Gary Hoskins, 5140 Mercedes , asked Council to get more facts
before making a decision and wait for a full E1R.
Stephen LaSalle, 7505 Marchant , said that intelligent decisions
can not be made without adequate information. The people of
Atascadero deserve an E1R to that an intelligent , informed
decision may be made.
Ernie Porter , 9420 Marchant Way , spoke in favor- of Alternate A
but not without question. He questioned the destruction of the
Heilmann Bridge and asked that it not be destroyed .
Alyce Porter , 9420 Marchant Way , said she was in support of
Alternate A with the reservation that there should be a
cloverleaf on the other side of the railroad near the county
facility on Sycamore.
Daniel Hei } mann, 3005 River Rd . , spoke in favor of alternate A.
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Mr . Kellerman read a letter on behalf of Joan O ' Keefe, 9905 Old
Morro Rd . East . requesting the City Council members to be
futuristic and to have the moral integrity to make independent
decisions that will benefit the greatest number of residents.
Craig Monn said he felt that the Council did not have the
information available to them. He supported Alternate B and
asked that a special election be held to solve this issue.
Mrs . Paul McGill , 5100 Mercedes Ave. , expressed her concerns
regarding the traffic and pollution.
Peter Boonisar , 5212 Magdalena Ave. , spoke in opposition to
Alternate A and asked Council to get a complete EIR.
Tom Hatchell , 5285 Barrenda , expressed support of Alternate A as
the most direct and feasible alternative to the present
conditions .
Fill Blankenship , 6905 Country= Club Dr . , stated that he has had
his house up for sale for two years. He was in support for
Alternate A if for no other reason so that something can be done
so that he can possibly sell his house.
Dorothy McNeil , 8765 Sierra Vista Rd . , stated that Cal Trans
motives must be called into question. Their refusal to back;
their own representative ' s assurance that letters and petitions
would be included in the document makes their motives seem clear .
Cal Trans knows that the guidelines requires an EIR if there is
an out pouring of public concern. Cal Trans does not want
letters and petitions of over 1 ,000 people to reach Sacramento as
part of the document . Neither A nor B really appeals to her .
She strongly urged the Council to call for an EIR so that they
can consider this matter with adequate information.
Jerry Bond , 4840 E1 'Merano , said this is in the General Plan--
let ' s follow it . He is in support of Alternate A.
John McHeil , 8765 Sierra Vista , stated that no decision should be
made by this Council on this project until they have a competent ,
thorough traffic analysis. Traffic is THE problem of Atascadero
and has been for years .
Sa: y Larson, 49 Quail Ridge, stated that he strongly supports
Alternate A as a major funded circulation improvement of great
benefit to the community .
Celia Mcssi 8040 Coromar Rd , asked Ccuncii to pay attention to
the wishes of the citizens of Atascadero and said that she
opposes Alternative A unless an EIR which can justify to the
citizens of Atascadero why this project is warranted .
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Jay DeCou, 9200 Pino Solo , spoke in favor of Alternate A.
John Nimes, 8210 Carmelita, asked the Council to do what is good
for the majority of this City. He stated that he is in support
of Alternate A.
Dennis Garret , 4300 Corrizo , expressed his concerns of safety of
school children and said that Alternate A has been a part of the
General Plan for years and believes it is time to get on with it .
Ned Thompson, 5960 River Rd . , said he was in favor of Alternate
A.
Mayor Borgesen asked for a brief recess at 9:50. Meeting
reconverted at 10 p .m.
Brad [avis , 549'' Fresno , r--presenting the Chamber of Commerce and
460 local businesses said they are fully in support of Alternate
A and did riot believe an EIR was necessary.
Jerry Clay, 7285 Sycamore Rd . , said he encouraged the Council to
take action now and get on with Alternate A. He believes an EIR.
is a stall .
Robert Nimmo , 7375 Bella Vista Rd . , said that the Highway 41
issue is an issue of public safety and responsible and timely
planning for proper traffic control . He supports Alternate A.
Barbara Reiter , 10150 San Marcos Rd . , stated that she is not in
favor of either Alternate A or B, but Alternate C as proposed by
Uouo Lewi=_ .
David Duran 8825 Marchant , said Alternate A is not acceptable.
An alternative that was omitted is to turn the present Highway
41 from Atascadero into Shandon over the Count"' . Highway 41 can
be routed up 101 to Pasta Robles and Highway 46 . He asked the
City Co;jncil to reject Alternate A and require an =1R.
Chris Jes[persen, 6890 Rocky Canyon Rd . , stated that he endorses
Alternate A and believe=_ Cos-ricil should live with the decision
that they made two years ago .
Mike Ar-rambide, 7243 vel Rio , President of Atascadero 2000 spoke
for members in support of Alternate A.
Mar t i III onn, 5385 Mercedes, stated she was i r-r opposi tion to
Alternate A and viould support Alternate B.
L--,I enol-,;✓ Manr�, 7925 Santa Rosa Rd . 7925 Santa Rosa Rd . , President
of Santa Rosa PTA, stated that he believed that the EIR spoken
about to r,ict;t ? s imoor-tant and Alternate A r-tresents the best
safety measure for our chi ld -en and the community .
Harry Ovitt , of San Miguel asked the Council to use caution to
protect all funding available to the City and to implement the
General Plan.
Carol Hall , 7070 Marchant , spoke supporting Alternate A.
Eric Hagen, representative of the Downtown Business Improvement
Assoc . stated that the BIA is in support of Alterate A.
Jim Ha.rer , 4400 Templeton Rd . , spoke in support of Alternate A.
Anne Marie Kirkpatrick , 6291 Monterey Court , spoke representing
an Ad Hoc Committee which was formed in order to oppose Alternate
A. She presented the City Council with petitions signed opposing
Alternate A. She asked Council to withhold making a decision
pending an EIR.
Tom Collins , 8780 Casanova , asked Council to put on hold until an
EIR is completed .
Fred Frank , 7755 Graves Creek: Rd . , asked Council to re-evaluate
the Alternate A plan and press for an EIR before making a .
decision.
Frank Bush , 4685 Viscano Ave. , Vice-Chairperson of the Sierra
Club , spoke in support of Alternate B and asked that the Negative
Declaration be appealed because the initial study is inadequate.
MOTION: By Councilman Dexter , seconded by Councilwoman Mackey to
extend the meeting past 11 p .m. Passed unanimously.
John Bunyea, 4B58 Templeton Rd . , spoke in opposition of Alternate
B mainly because of safety.
Doug Marter , 1ob90 Santa Lucia, stated the old bridge is falling
dot-in, and the money is available for a new bridge, the -oute from
the new bridge to the other traffic is the cleanest there is.
Let ' s get it over with and get it over with .
lia) McCutcheon, stated we reed this project now. He asked the
Council to look ahead and get the project started now.
Wayne Laprade, 6505 San Gabriel Rd . , stated that he was in favor
of Aiter-riate A and EIR ' s can be a worthwhile tool , but also they
can be a problem.
William Collins , 4205 River Road , (Carousel Ranch ) said that when
you weight the loss of a child ' s life, the inconvenience to the
gene:-al public of the present traffic routes against his personal
loss of a few acres and privacy on his ranch , he s=aid that he was
in favcr ruf Alternate A.
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Randi LaFollette, 5385 Magnolia, spoke in opposition of Alternate
A and would like to see a full EIR done before a decision is
made.
Doug Lewis_ , said he warted to address three issues: 1 ) serenity
( Atascadero Cemetary) 2) public safety 3) foresightedness .
Lorrenso Pace, 5190 Mercedes, spoke in opposition of Alternate A
and feels that an EIR is essential before a decision can be made
on the issue.
Carla Cole who lives on Mercedes Ave. , stated she was in
opposition of Alternate A and requested that an EIR, be done
before a decision is made.
Alan Volbrecht , who lives on Highway 41 , approximately I !2 mile
east of the end of Alternate A said he hoped the City Council in
their consideration of this particular 'stem will chow their
support for Alternate A and show the same consistency with
interpretation of the General Plan that they have asked
development projects to bring in.
Bill Carroll , 5360 Ensenada Ave. , stated he supported Alternate
A.
Ursula Lunt read a prepared statement for Dr . Timothy O ' Keefe
stating he was concerned that Cal Trans has failed to complete an
adequate EIR analysis for the proposed realignment of Hwy. 41 .
Linda Stewart , 5225 Magdalena Ave. , stated she was in favor of
Alternate 8 because of the traffic that would be caused by
Alternate A.
Jay Harris, 5365 Magnolia, said he was in opposition of Alternate
A.
Mark Goforlh , lives on Templeton Rd . , spoke in favor- of Alternate
B and an EIR study needs to be done before a decision can be made
on this project .
Doug Filipponi , 5995 River Road , asked council to look at the
staff recommendations and accept Alternate A.
Don Messer , 7555 Cristabo.l , spoke in favor of Alternate A and
felt that an EIR was not necessary.
Sarah Gronst and , 7620 Del Rio Rd . , stated she was in opposition
to Alternate A.
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Livia Kellerman, 5463 Honda said she was against Alternate A.
She then read a prepared statement for Gidi Pullen, stating that
an EIR be prepared for this project before a decision can be
made.
Don Allaire spoke in favor of Alternate A.
Richard Kirk'Datrick , 6291 Monterey Court , spoke in favor of an
EIR being done.
Diana Boswell , 5505 Bajada, stated she was strongly against Cal
Trans proposed plan Alternate A.
Ron DeCarli , Program Manager for the SLO Area Coordinating
Council , =stated he wants Cal Trans to reopen comments for the
document . He said that a full EIR could be conducted , but it
would cause a 1 year delay that could jeopardize funding . Lack
of City support could eliminate the project given the 53.5
billion billion Cal Trans funding shortfall .
Donna Harris, 5365 Magnolia Ave. , said she preferred Alternate B.
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Melanieanieie Billig , read a prepared statement opposing Alternate A
e a
and asked that an EIR be completed before a decision is made.
Robert McNew, 4630 E1 Verano , spoke in support of Alternate A.
Mayor Borgeson read a statement from Herman Plew, 5395 Capistrano
Ave. , in support of Alternate A but does not want Magnolia and
Magdalena Streets to be connected to the new route because
Magnolia is just behind his house and the increased noise from
route traffic coming onto Magnolia would be very undesirable.
Ursula Luna, 10600 :pan Marcos Rd . , asked that an EIR be prepared
to assure the greatest sensitivity towards the residents, the
environment and the character- of the City.
Raymond Jensen, --655 Country Club Dr . , spoke in favor of
AlternG.te B.
Mayor Borgeson read a prepared statement of {line Kohle which
stated a complete EIR is needed before any decision can be made.
At this time Mayor Borgeson closed the meeting for public
�omrr+ent and asked if there were any written statements of
Petitions they should be given to the City Clerk: at this time.
i L!!-!Cil and Commission comments followed .
Motion: Councilman Shiers to suppoit a Full EIR. The motion .
died fcr lack: of a. second .
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Motion: By Councilman Dexter , seconded by Mayor Borgeson to
reaffirm the City ' s position in respect to Alternate A
subject to an EIR. Motion passed unanimously by roil
call vote.
Meeting adjourned at 12:5r> a.m.
MINUTES RECORDED BY:
BOYD C. SHARITZ, CITY CLERK:
PREPARED BY:
GEORGIA RAMIRE?, DEPUTY C11-Y CLERK
ETAQENDA 4�. -
DATE�(L2 ITEM i _--....-
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ATASCADERO CITY COUNCIL
MINUTES
DECEMBER 21 , 1988
A Special Meeting of the Atascadero City Council was called to
order in the City Manager ' s Office by Mayor Borgeson on
Wednesday, December 21 , 19BS at 11 :40 a.m.
The purpose of this meeting was to adopt a resolution proclaiming
a State of local Emergency and a resolution ratifying the
Proclamation of a State of Local Emergency .
Roil Call :
Present : Councilmembers Dexter , Shiers , Mackey and Mayor Borgeson
Absent : Councilman Lilley (Excused )
Staff Present : Ray 'Windsor , City Manager ; Mark Joseph ,
Administrative Services Director and Mike Hick=_ ,
• Fire Chief
City Manager , Ray Windsor- and Mike Hicks, Fire Chief gave a staff
report on the two resolutions .
MOTION: By Councilwoman Mackey, =seconded by Councilman
Shiers to approve Resolution No . 116-88. Passed unanimously.
MOTION: By Councilman Dexter , seconded by Councilwoman Mackey to
approve Resolution No . 1171-98. Passed unanimously.
Meeting adjourned at 11 :46 a .m.
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MEET 1D�� ENDA _ i
DA���ITEM� .��--1--
• CITY OF ATASCADERO
SCHEDULE OF DISBURSEMENTS
FOR THE MONTH OF NOVEMBER, 1988
DISBURSEMENTS
Hand Warrant Register for November, 1988 25 , 850. 75
11/04/88 Accounts Payable Warrants 66 ,339. 39
11/10/88 Accounts Payable Warrants 362 ,648. 77
11/18/88 Accounts Payable Warrants 44,226.55
Service Charge-Mastercard/Visa 2.50
11/09/88 Payroll Checks #44277-44410 98,610.57
11/23/88 Payroll Checks #44411-44540 98,303.28
Total 695 ,981. 81
LESS:
Voided Check #43235 ( 26.51)
Total Disbursements 695 ,955. 30
I, MARK 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 avail-
able for payment thereof in the City Treasury. The breakdown
detail on all accounts is available for your viewing in the
Finance office.
MARK JOSE
P
Admin. Ser Uces Director
•
MEETt !E ',-
_AGENDA
VMATE,.: .,:..�' ' ITEM ......._.�.
• CITY OF ATASCADERO
SCHEDULE OF CASH RECEIPTS AND TRANSFERS IN
FOR THE MONTH OF NOVEMBER, 1988
CASH RECEIPTS:
Taxes :
Property Tax 51,028. 01
Sales Tax 131,600. 00
Motor Vehicle In-Lieu 59 ,830.08
Cigarette Tax 4 ,220. 39
Development Impact Tax 20 ,036.00
Miscellaneous Taxes 1,819.40
Occupancy Tax 22 ,009.24
Other Receipts :
Assess. District #5-Chandler Ranch 43,335.00
Narcotics Officer 17,134. 34
Licenses/Permits/Fees 35 , 833.12
Franchise Fee 4 ,228.58
P.O.S.T. Reimbursement 1,126. 80
Fines/Penalties/Overages 525.41
Amapoa-Tecorida 2 ,336.16
Traffic Safety 4 ,304. 74
• Zoo Reserve Fund 14.00
Parks and Recreation Fees 11,949. 66
Investment Earnings 309. 93
Weed Abatement 332.50
Street Assessments 248.46
Local Transportation 20 ,723.40
Development Fees 50 ,701.00
Zoo Receipts 3,554. 46
Rents/Concessions 415.00
Sales-Maps/Publications/Reports 506. 70
Special Police Services 114. 00
Sales of Property 22 ,122.20
TOTAL CASH RECEIPTS 510 ,358. 58
OTHER CASH RECEIPTS:
Bail 376. 00
Reimbursement to Expense 3 ,260.00
Refundable Bonds 200.00
Refunds 403. 00
TOTAL OTHER CASH RECEIPTS 4 ,239. 00
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CITY OF ATASCADERO •
CASH ACTIVITY SUMMARY
FOR THE MONTH OF NOVEMBER, 1988
BEGINNING CASH RESOURCES 2 ,919 ,120. 85
ADD:
RECEIPTS 514 ,597.58
INVESTMENTS REDEEMED 300 ,000.00
LESS:
DISBURSEMENTS 695 ,955. 30
FUND TRANSFERS 300 ,000. 00
ENDING CASH RESOURCES 2,737 ,763.13
SCHEDULE OF CASH RESOURCES Int. Due
AS OF NOVEMBER 30 , 1988 Rate Date
Checking Account:
Mid-State Bank 189,223.13
Certificates of Deposit:
Butterfield Savings 99 ,000.00 8. 00 12/06/88
First Cal Savings 99 ,000.00 8. 90 05/16/89
Other Investments : •
Local Agency Inv. Fund 2 ,350 ,000.00 8.47 N/A
Other Cash Resources :
Petty Cash 540.00
TOTAL CASH RESOURCES 2 ,737 ,763.13
n
v
GERE SIBBACH
City Treasurer
QE
ETI AGENDA
DA REM#
•
M E M O R A N D U M
TO: City Council
FROM: Ray Winds City Manager
SUBJECT: Claim of Marie Susan Brown
DATE: January 10, 1988
BACKGROUND
An oak tree fell on a Dial-a-Ride bus driven by claimant.
• RECOMMENDATION
The City' s insurance adjustor has reviewed this claim and
recommends denial at this time.
:cw
•
MEETt � � WD!
DAT �D 7
•
M E M O R A N D U M
TO: City Council
FROM: Ray Windsur, City Manager
SUBJECT: Claim of Rebecca Williams
DATE : January 10, 1988
BACKGROUND
Claim alleges City of Atascadero Police officers negligently and
with malice arrested Claimant at the request of Animal Control
• Regulation officers .
RECOMMENDATION
The City' s insurance adjustor has reviewed this claim and recom-
mends denial at this time.
:cw
•
ET! <<
•
M E M O R A N D U M
TO: City Council January 10, 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director .
SUBJECT: Acceptance of Final Tract Map 1-88
LOCATION: 9780 and 9790 Las Lomas Road
APPLICANT: Richard Montanaro
BACKGROUND/RECOMMENDATION:
On April 12, 1988 the City Council approved Tentative Tract Map
1-88 subject to certain conditions and in concurrence with the
recommendation of the Planning Commission. The required condi-
tions have been complied with and the final map is recommended
for approval .
HE:ps
cc: Richard Montanaro
•
EXHIBIT A - LOCATION MAP
Tent. Tract Map 1-88
CITY OF ATASCADERO
9780 & 9790 Las Lomas
r'less, .(! =,� ' 2.7•-, (Montanaro/North Coast En)
— ' sc,,,D COMMUNITY DEVELOPMENT
DEPARTMENT •
SITE 9780 & 9790 g
Las Lomas
TTM 1-88
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•
M E M O R A N D U M
TO: City Council January 10, 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director A4;�)
SUBJECT: TENTATIVE TRACT MAP 19-88
LOCATION: 5900 Bajada Avenue
APPLICANT: David and Valerie Low
REQUEST: To convert a four unit apartment complex into four
airspace condominiums and a common lot.
BACKGROUND:
On December 6, 1988 the Planning Commission conducted a public
• hearing on the above-referenced subject and, on a 7 : 0 vote,
approved the tract map request subject to the findings and
revised conditions of approval (addition of condition #9) . There
was discussion on this matter as reflected in the attached
minutes excerpt.
RECOMMENDATION:
Approval of Tentative Tract Map 19-88 per the Planning Commis-
sion' s recommendation.
HE:ps
Attachments: Staff Report dated December 6, 1988
Minutes Excerpt - December 6, 1988
Revised Conditions of Approval - December 6, 1988
cc: David and Valerie Low
Cuesta Engineering
•
City of Atascadero Item B-2 •
STAFF REPORT
FOR: Planning Commission Meeting Date: December 6, 1988
BY: Joel Moses, Associate Planner File No: TTM 19-88
SUBJECT:
To convert a four (4) unit apartment complex into four (4)
airspace condominiums and a. common lot. Three of the units are
under construction, the fourth is existing.
A. SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . .David & Valerie Low
2. Representative. . . . . . . . . . . .Cuesta Engineering
3. Project Address. . . . . . . . . . .5900 Bajada Ave.
4. Site Area. . . . . . . . . . . . . . . . . 0. 47 acres
5. Zoning. . . . . . . . . . . . . . . . . . . .RMF-10 (Residential •
Multifamily)
6. Existing Use. . . . . . . . . . . . . .Single Family Residence
7. General Plan . . . . . . . . . . . . .Low Density Multiple Family
8. Environmental Status. . . . . .Categorically Exempt (Class 1)
B. ANALYSIS:
The applicant is proposing to convert a four (4) unit apartment
complex into a four (4) unit air space condominium. The site
has one existing residence on the site. Three additional
residential units were approved as a part of Precise Plan 25-88.
The Precise Plan was approved on July 21, 1988 with thirteen
conditions. The conditions required the completion of street
improvements, grading and drainage plans, and some minor design
modifications. Building permits were applied for August 8, 1988
and were issued on September 20, 1988.
State law requires the notification of the tenants of the site
prior to the submittal of a condo conversion application. The
applicant has submitted a letter informing the City that the
existing unit is occupied by the applicant. In such cases, the
notification procedure is not necessary. •
The site is within the Amapoa/Tecorida flood area. The prior
approved Precise Plan and building permits have taken into
consideration the need for improvements and fees have been paid.
The proposed map, as presented, complies with City's General Plan
as to land use density and policies contained within the Land Use
Element. The issuance of building permits and encroachment
permits for public improvements have been in conformance with
City codes and development standards.
Comments were received from several outside agencies. Our Fire
Department and Building Division noted no problem with the
proposal as long as the existing codes and standards are followed
in the development of the parcels. The Atascadero Mutual Water
Company has responded requesting that individual unit water
meters be provided.
C. RECOMMENDATION:
Staff recommends approval of Tentative Tract Map 19-88 based on
the Findings in Exhibit D and the Conditions of Approval in
Exhibit E.
JM/gym
ATTACHMENTS: Exhibit A - Location Map
Exhibit B - Tentative Lot Line Adjustment Map
Exhibit C - Map Detail
Exhibit D - Findings for Approval
Exhibit E - Conditions of Approval
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• XHIBIT B - TENTATIVE MAP
CITY OF ATASCADERO 5900 Bajada Ave.
j- tog 1 -7 Tentative Tract Map 19-88
-- `D COMMUNITY DEVELOPMENT Low/Cuesta Engineering
DEPARTMENT
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OCT 14 1988
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COMMUNITY DEVELOrM_INT
•
CIT i �F EXHIBIT C - MAP DETAIL
. . V ATASCADERO
5900 Bajada Ave.
scwn COMMUNITY DEVELOPMENT Tentative Tract Map 19-88
DEPARTMENT Low/Cuesta Engineering
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EXHIBIT D - Findings for Approval
Tentative Parcel Map 19-88 (88-252)
5900 Bajada Ave.
Low/Cuesta Engineering
December 6, 1988
FINDINGS FOR APPROVAL
1. Creation of the proposed parcels conform to the Zoning
Ordinance and the General Plan land use designation,
densities and other policies.
2. The site is physically suitable for the type of development
proposed.
3. The site is physically suitable for the density of the
development proposed.
4. The design of the subdivision, and the proposed
improvements, will not cause substantial environmental
damage or substantially and avoidably injure fish and
wildlife or their habitat
5. The design of the subdivision, and the type of the
improvements, will not conflict with easements acquired by
the public at large for access through or the use of
property within the proposed subdivision; or substantially
equivalent alternate easements are provided.
6. The proposed subdivision complies with Section 66474. 6 of
the State Subdivision Map Act as to the methods of handling
and discharge of waste.
JM/jm
• •
EXHIBIT E - CONDITIONS OF APPROVAL
Tentative Parcel Map 19-88 (88-252)
5900 Bajada Ave.
Low/Cuesta Engineering
December 6, 1988
CONDITIONS OF APPROVAL
1. The applicant shall establish Covenants, Conditions, and
Restrictions (CC&Rs) for the regulation of land use, control
of nuisances and architectural control of the site and the
buildings.
a. These CC&Rs shall be submitted for review and approval
by the City Attorney and the Community Development
Director prior to the approval of the final map.
b. These CC&Rs shall be administered by a Condominium
Owners Association.
2. The open space/common lot shall be designated as a Public
Utilities Easement.
3. A soils report or an Engineer' s certification stating that
the existing soils on the site are adequate to support the
proposed structure as per Chapter 70, subsection (e) of the
Uniform Building Code shall be provided prior to the
recording of the final map.
4. All conditions imposed on the project by Precise Plan 25-88
and approved building permits shall be satisfied prior to the
recording of the final map.
5. The applicant shall pay all sewer fees in effect prior to
the recording of the final map.
6. Road improvement plans prepared by a Registered 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, prior to the recording of the final map.
Plans shall include, but not limited to :
Bajada: Design shall include City standard curb,
gutter, 510" sidewalk and additional paveout, not to
exceed 1510" from the center line. Design shall include
measures to protect and preserve trees within the right-
of-way, as approved by the Community Development and
Public Works Departments.
1 •
. 7. Individual water meters shall be installed for all
residential units, prior to the recording of the final map.
8. A final map, in compliance with all conditions set forth
herein, shall be submitted for review and approval in
accordance with the Subdivision Map Act and the City Lot
Division Ordinance prior to recordation.
a. Monuments shall be set at all new property corners
created and a Registered Civil Engineer or Licensed
Land Surveyor shall indicate, by certificate on the
final map, that corners have been set or shall be set
by a date specific and that they will be sufficient to
enable the survey to be retraced.
b. A recently updated preliminary title report shall be
submitted for review in conjunction with the processing
of the final map.
c. A preliminary subdivision guarantee shall be submitted
for review in conjunction with the processing of the
final map.
JM/jm
2
MINUTES EXCERPT - PLANNING COMMISSION - DECEMBER 6, 1988
No public testimony was given.
MOTION: Made by Commissioner Tobey, seconded by Commis-
sioner Highland and carried 7 :0 to continue the
hearing on Conditional Use Permit 12-88 to the
January 3, 1989 meeting.
2. TENTATIVE TRACT MAP 19-88 :
Request initiated by David and Valerie Low (Cuesta
Engineering) to convert a four unit apartment complex
into four airspace condominiums with a common lot (cur-
rently under construction) . Subject site is located at
5900 Bajada Avenue.
Joel Moses presented the staff report on this condominium
conversion request noting an additional condition to be
added pertaining to the two year approval period for the
tract map. staff' s recommendation is for approval subject
to conditions.
In referencing the Housing Element, Commissioner Luna
inquired as to the City' s monitoring of condominium conver-
sions in relation to assuring an adequate balance of rental
housing. Discussion followed relative to rental costs, vac-
ancy percentages of rentals. It was noted that Atascadero
has an abundance of rentals at this time.
In response to question from Commissioner Luna, Mr. Engen
explained the procedure which has been routinely utilized in
obtaining precise plan approval for apartments and then
filing for a tract map for the condominium conversion.
David Low, applicant, spoke in support of the request and
noted his concurrence with the recommended conditions.
MOTION: Made by Commissioner Highland, seconded by Commis-
sioner Tobey and carried 7 :0 to approve Tentative
Tract Map 19-88 subject to the findings and condi-
tions contained in the staff report with the addi-
tion of condition #9 :
119 . Approval of this tentative map shall expire
two years from the date of final approval
unless an extension of time is granted pursu-
ant to a written request prior to the expira-
tion date. "
-2-
0
EXHIBIT E - CONDITIONS OF APPROVAL
Tentative Tract Map 19-88 (88-252)
5900 Bajada Ave.
Low/Cuesta Engineering
December 6, 1988
(Planning Commission Revised)
CONDITIONS OF APPROVAL
1. The applicant shall establish Covenants, Conditions, and
Restrictions (CC&Rs) for the regulation of land use, control
of nuisances and architectural control of the site and the
buildings.
a. These CC&Rs shall be submitted for review and approval
by the City Attorney and the Community Development
Director prior to the approval of the final map.
b. These CC&Rs shall be administered by a Condominium
Owners Association.
2. The open space/common lot shall be designated as a Public
Utilities Easement.
3. A soils report or an Engineer's certification stating that
the existing soils on the site are adequate to support the
proposed structure as per Chapter 70, subsection (e) of the
Uniform Building Code shall be provided prior to the
recording of the final map.
4. All conditions imposed on the project by Precise Plan 25-88
and approved building permits shall be satisfied prior to
the recording of the final map.
5. The applicant shall pay all sewer fees in effect prior to
the recording of the final map.
6. Road improvement plans prepared by a Registered 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, prior to the recording of the final map.
Plans shall include, but not limited to :
Bajada: Design shall include City standard curb,
gutter, 510" sidewalk and additional paveout, not to
exceed 1510" from the center line. Design shall include
measures to protect and preserve trees within the right-
of-way, as approved by the Community Development and
Public Works Departments.
1
7. Individual water meters shall be installed for all
residential units, prior to the recording of the final map.
8. A final map, in compliance with all conditions set forth
herein, shall be submitted for review and approval in
accordance with the Subdivision Map Act and the City Lot
Division Ordinance prior to recordation.
a. Monuments shall be set at all new property corners
created and a Registered Civil Engineer or Licensed
Land Surveyor shall indicate, by certificate on the
final map, that corners have been set or shall be set
by a date specific and that they will be sufficient to
enable the survey to be retraced.
b. A recently updated preliminary title report shall be
submitted for review in conjunction with the processing
of the final map.
c. A preliminary subdivision guarantee shall be submitted
for review in conjunction with the processing of the
final map.
9. Approval of this tentative map shall expire two years from
the date of final approval unless an extension of time is
granted pursuant to a written request prior to the
expiration date.
JM/jm
2
DAT�J I� �' M� 4,
•
M E M O R A N D U M
To : City Council
Through: Ray Windsor , City Manager
L
From: Mark Joseph , Admin. Services Director
Date: January 4, 1989
Subject : Renewal of Blue Shield Vision Care
BACKGROUND
The City ' s Health Care program includes vision care, provided
through Blue Shield . The contract is for one year , subject to
annual renewals. The effective date of this contract is November
1 , 1988; late receipt of the contract explains the delay in
presenting this item to Council . For Council ' s information,
other policies will need to be renewed . Staff will present them
to Council as they are received .
• There are no significant changes in this contract .
RECOMMENDATION
Staff recommends renewing the contract .
\h\contract
•
APPLICATION IS HEREBY MADE TO
BLUE SHIELD of California
(California Physicians' Service)
FOR A GROUP HEALTH SERVICE CONTRACT
CITY OF ATASCADERO
whose main post office address is:
P.O. BOX 747 (93423)
6500 PALMA
ATASCADERO, CALIFORNIA 93422
This contract, number F20355 VISION, shall be effective November 1, 1988. It
has been read and approved and the terms and conditions thereof are hereby
accepted.
This application is executed in duplicate. The original returned to Blue
Shield of California, Two Northpoint, San Francisco, California 94133.
It is agreed that this application supersedes any previous application for
said Contract.
Dated at
this day of 19
(Legal Name of Applicant
By
Title
As Contractholder, you are responsible for communicating to Subscribers as
soon as possible (and in any case, no later than thirty (30) days after
receipt) all changes in benefits and in any provisions affecting benefits.
PLEASE SIGN AND RETURN ORIGINAL OF THIS PAGE TO
BLUE SHIELD OF CALIFORNIA
AT THE ABOVE ADDRESS.
Inquiries concerning any problems that may develop in the administration of
this Contract should be directed to Blue Shield of California at the above
address.
BLUE SHIELD
of California
GC-AP
MEETiry GENpA
OAT
/G ITEM r
M E M O R A N D U M
TO: City Council
FROM: Ray Windsor, City Manager
SUBJECT: Confirming committee appointment
DATE : January 10, 1989
The County has requested that we formally affirm Councilmember
Mackey' s appointment to the County Hazardous Waste Committee,
along with her continuing to serve as our representative on the
Solid Waste Committee. Please reference the attached letter in
this regard.
•
Attachment
RW: cw
•
ADMINISTRATION BUILDING tascade�®
8PALMA AVENUE •
ATASCADEDERO,CALIFORNIA 93422 POLICE DEPARTMENT
PHONE: (805) 466.6000 INCORPORATED JULY 2. 1979 6500 PALMA AVENUE
ATASCADERO,CALIFORNIA 93422
CITY COUNCIL PHONE: (805)466-8600
CITY CLERK
CITY TREASURER
CITY MANAGER
ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT
COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE
ATASCADERO,CALIFORNIA 93422
PUBLIC WORKS DEPARTMENT PHONE: (805) 466-2141
PARKS AND RECREATION DEPARTMENT
January 5, 1989
S.L.O. County Administrative Offices
County Government Center
San Luis Obispo, CA 93408
Attn: Debbie Hossli
This letter is intended to formally notify you and to confirm
Councilmember Marjorie Mackey's continuing appointment to the
County solid waste Committee and new appointment to the County
Hazardous Waste Committee. We believe that it is in the City' s
best interest to have one member of the City Council serve on •
both committees, since they are closely related.
Sincerely,
BONITA BORGESON
Mayor
RW:cw
•
MEE1'IN AGENDA
DAT //rE_
TEM,
•
M E M O R A N D U M
TO: City Council
FROM: Ray Windsor
SUBJECT: Councilmember absence
DATE : January 10, 1989
Councilman Dexter has notified us that he will be out of the
State beginning May 10, 1989 through June 10, 1989 in order to
visit relatives and to participate in a wedding. This absence
will necessitate his missing a regular City Council meeting on
• May 23, 1989 .
RW: cw
ET! E
NOL
% ft 1 M# I
M E M O R A N D U M
TO: City Council January 10, 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director /
SUBJECT: ZONE CHANGE 14-88 clarifying the 1/2 acre minimum lot
size standard for LSF-X and RSF-X single family resi-
dential districts (SECOND READING)
BACKGROUND:
On December 13, 1988 the Atascadero City Council conducted a
public hearing on the above-referenced matter. Upon review
Ordinance No. 184 was approved on first reading.
• RECOMMENDATION:
Approval of Ordinance No. 184 by:
1) Reading by title only
2) Adoption of Ordinance No. 184 on second reading
HE :ps
Attachment: Ordinance No. 184
•
REVISED
AGENDA ITEM B-3
CITY COUNCIL 12/13/88
ORDINANCE NO. 184 •
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE
TEXT RELATIVE TO MINIMUM LOT SIZES IN THE RSF-X AND LSF-X
SINGLE FAMILY RESIDENTIAL ZONES BY REQUIRING A NET MINIMUM
LOT SIZE OF 0.5 ACRES EXCLUSIVE OF ROADS
(CITY OF ATASCADERO: ZC 14-88)
WHEREAS, the proposed zoning text amendment proposes
standards that are consistent with the General Plan as required
by Section 65860 of the California Government Code; and
WHEREAS, the proposed amendment is in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on November 15, 1988, and has recommended approval of the
Zoning Ordinance text amendment; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
NOW, THEREFORE, the Council of the City of Atascadero does •
ordain as follows:
Section 1. Council Findings.
1. The proposal is consistent with the General Plan
land use element and other elements contained in the
General Plan.
2. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
Section 2. Zoning Text Change.
Zoning Ordinance Text Amendment 14-88 is approved to change
the text of the Zoning Ordinance as shown in the attached Exhibit
A, which is made a part of this Ordinance by reference.
Section 3. Applicability.
All applications for subdivisions of land within the City
accepted as complete for processing prior to December 13, 1988
shall not be affected by or subject to the restraints herein
enacted.
Section 4. Publication. •
i •
• Ordinance No. 184
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
News,, a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 5. Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12: 01 a.m. on the 31st day after its passage.
On motion by and seconded by
, the foregoing Ordinance is 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:
FREY J EMAEN, City Attorney
PREPARE Y:
HENRY ENGEN Communi Development Director
• i
EXHIBIT A
The charts contained in Zoning Ordinance Section 9-3. 154 and
Section 9-3. 164 are amended to read as follows:
SYMBOL MINIMUM LOT SIZE
X One-half ( 1/2) acre net area (excluding land
needed for street rights-of-way whether
publicly of privately owned )
Y One ( 1 ) acre, when sewers are available
One and one-half ( 1 1/2) acres, when sewers
are not available.
Z One and one-half ( 1 1/2) to two and one-half
(2 1/2) acres based on performance standards
set forth in this Section.
CORRECTED COPY OF
ORD. 183 - PLEASE
REPLACE COPY IN
AGENDA PACKET.
v�
ORDINANCE NO. 183
AN ORDINANCE AMENDING CHAPTER 12 . ARTICLE 3 OF THE CITY
OF ATASCADERO CODE RELATING TO DEVELOPMENT IMPACT FEES .
The Council of the City of Atascadero does ordain that Article
3 of Chapter 12 of the Atascadero Municipal Code is hereby amended as
follows :
SECTION 1 .
Section 3-12 . 03 DEFINITIONS_
The following terms shall have the following meanings when used in
this Chapter .
The following definitions to be added to Section 3-12 . 03
(h) "Building" : means anv structure having a roof supported
by columns and/or walls and intended for shalter , housing, and/or
enclosure of any person , animal or chattel , but not including tents
or mobile homes .
(i) "Building Permit" : means a buiilding permit for
residential , non-residential , or mobile home site development applied
for to the Communitv Development Department of Atascadero on or after
the effective date of this Ordinance .
(j) "Construct" "Construction" as used in this Chanter means
the putting together , assembling, erection or altering of
construction materials components , or modules into a structure, or
portion of a structure , and includes restructuring, enlarging or
altering anv structure. "Construct" also includes the moving from
outside the City and locating of a building, or portion thereof, onto
a lot or parcel of land. and also includes the imn_ rovement of land as
a mobile home lot .
(k) "Dwelling Unit" means an independent , attached or
detached residential building designed to house and provide living
space including kitchen and bathroom facilities , for an individual
family.
(1) "Gross Building Area" means the total floor area of each
floor of all buildings subject to this ordinance, including internal
circulation , storage and equipment space, as measured from the
outside faces of the exterior walls , including halls , lobbies ,
stairways , elevator shafts , enclosed porches and balconies .
t � •
(m) "Mobile Home" means a vehicle without self-propulsion
designed and equipped as a dwelling unit to be used with a
foundation .
(n) "Mobile Home Lot" , as used in this Chapter , means any
area or portion of a lot designated, designed, or used for the
occupancy of one(1) mobile home on a permanent basis .
(o) "Non-Residential" includes all uses of land other than
residential including agricultural , communication , cultural ,
educational , recreation , manufacturing, processing, resource
extraction , retail trade, services , transient lodging, transportation
and wholesale trade uses .
(p) "Person" includes anv individual , firm, co-partnership ,
corporation , company , association, joint stock association, city ,
county, state or district ; and includes any trustee, receiver ,
assignee, or other similar representatives thereof .
(q) "Structure" as used in this Chapter means any artifact
constructed or erected, the use of which requires attachment to the
ground, including any building, but not including fences or walls six
feet or less in height .
(r) As used in this Chapter , the terms "residential ,"
"commercial , " "office," "industrial , " "hotel ," "motel ," and "quasi-
public" have the same meanings as are defined in the General Plan and
Zoning Ordinance of this City, as well as administrative
interpretations thereof .
Section 3-12 . 07 (c) LIMITATIONS ON USE
The words "except parks and recreations facilities" shall be
deleted and a new section 12 .07(c) shall read as follows :
(c) Fees from residential and nonresidential development may be
used for all types of capital improvements .
Z.—ection-2-12 . 10a EXCEPTIONSe
Section 3-12 . 10 is deleted in its entirety and a new section 3-
12 . 10 shall be added to read as follows :
There is excepted from the fee imposed by this Chapter the
following:
(a) The construction of a building or structure or mobile
home which is a replacement for a building or mobile home being
demolished or moved to outside the City from the same lot or parcel
of land. The exception shall equal but not exceed the fee which
would be payable hereunder if the building or mobile home being
replaced were being newly constructed. If the fee imposed on the new
building exceeds the amount of this exception, such excess shall be
paid;
(b) Accessory buildings or structures in planned
developments , multi-family or mobile home parks , such as a clubhouse,
swimming pool , or laundry facility;
(c) Buildings or structures which are "clearly accessory to
a principal use" such as fences , pools , patios , parking spaces
garages , residential accessory buildingsl (except guest houses) and
agricultural accessory buildings as outlined in Title 9:
(d) Any person when imposition of such tax upon that person
would be in violation of the Constitution and the laws of the State
of California , County of San Luis Obispo , or City of Atascadero;
(e) A condominium project converting an existing multi-
family building into condominiums where no new dwellings are added or
created;
(f) Any rebuilding of a structure destroyed or damaged by
fire ; explosion, act of God or other accident or catastrophe, which
rebuilding does not increase the original gross building area . If
such increase does occur , the increase shall be subject to the fee as
imposed by this chapter .
(g) Any restoration/reconstruction of a historical
building recognized, acknowledged. and designated as such by the City
Planning Commission or City Council ;
(h) The construction of any building by the City of
Atascadero , or the United States or any Department or Agency thereof ,
or by the State of California or any Department , Agency or Political
Subdivision thereof, or any residential development where the City
Council finds there are specific over-riding fiscal , economic , social
or environmental factors benefitting the City which, in the sole
judgement of the City Council , would justify the approval of such
development without the payment of said tax.
SECTION 2 . PUBLICATION
The City Clerk shall cause this Ordinance to be published in the
Atascadero News , a newspaper of general circulation, printed,
published and circulated in this Citv. once within fifteen (15) days
after its passage, in accordance with government code Section 36933;
and shall certify the adoption of this Ordinance; and shall cause
this Ordinance and certification to be entered into the Book of
Ordinances of this Citv .
SECTION 3. EFFECTIVE DATE
This ordinance shall go into effect and be in full force and
effect at 12 .01 a.m. on the 31st day after its passage.
•
i •
• On motion by Councilmember and seconded by
Councilmember the foregoing ordinance is hereby adopted
in its entiretv by the following roll call vote :
AYES :
NOES :
ABSENT :
ATTEST :
BOYD C . SHARITZ BONITA BORGESON
City Clerk Mayor
APPROVED AS TO CONTENT : APPROVED AS TO FORM:
PAUL M. SENSIBAUGH JEFFREY G. JORGENSEN
Director of Public Works City Attorney
City Engineer
. DMAEETiN R M DAA
ZZ
M E M O R A N D U M
TO: City Council December 13, 1988
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director Awl
SUBJECT: ZONE CHANGE 14-88 clarifying the 1/2 acre minimum
lot size standard for LSF-X and RSF-X single family
residential districts.
BACKGROUND:
On November 15, 1988, the Planning Commission conducted a public
hearing concerning a City-initiated request to amend the Zoning
Ordinance text relative to minimum lot sizes allowed in the RSF-X
(Residential Single Family) and LSF-X (Limited Single Family)
residential zones . On a 7 : 0 vote, the Commission recommended
approval of attached Ordinance No. 184 which would make permanent
the minimum net lot size of 0. 5 acre with sewer and 0 . 5 acre
without sewer in these districts .
No public testimony was given on the matter.
RECOMMENDATION:
Approval of Ordinance No. 184 by:
1 ) Reading by title only.
2 ) Adoption of Ordinance No. 184 on first reading.
HE :ps
Attachments : Staff Report dated November 15, 1988
Minutes Excerpt dated November 15, 1988
Ordinance No. 184
i
• •
CITY OF ATASCADERO Item: B-3
STAFF REPORT
FOR: Planning Commission Meeting Date: November 15, 1988
BY, l (/ Steven L. DeCamp, Senior Planner File No: ZC 14-88
SUBJECT:
Amendment to the Zoning Ordinance text relative to the minimum
lot sizes allowed in the RSF-X (Residential Single Family) and
LSF-X (Limited Single Family) residential zones.
BACKGROUND:
On May 26, 1987, the City Council adopted an "urgency ordinance"
(Ordinance #152) establishing minimum net lot sizes in the RSF-X
and LSF-X zones. Additional urgency ordinances (#' s 154 and 175)
on this topic have been subsequently adopted to extend the life
of the lot size provisions. It now appears appropriate to adopt
a permanent Ordinance relative to the establishment of minimum
lot sizes in the RSF-X and LSF-X zones.
A. SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . . . . .City of Atascadero
2. Project Address. . . . . . . . . . . . . .Citywide
3. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-X and LSF-X
4. General Plan Designation. . . . .High Density Single Family
5. Environmental Status. . . . . . . . .Negative Declaration
previously certified
B. ANALYSIS:
On February 23, 1987, the City Council adopted Ordinance No. 145
which established revised minimum lot sizes in the RSF-X and LSF-
X single family residential zones. The Ordinance amended Zoning
Ordinance Sections 9-3. 154 and 9-3. 164 to allow for minimum lot
sizes of 20,000 square feet where sewers are available and 0. 5
acres where sewers are not yet available. The prior minimum lot
size in the affected zones had been 0.5 acres regardless of the
availability of sewer service. This change in the Zoning
Ordinance was implemented to allow for the subdivision of certain
lots in the affected zones that could not be subdivided under a
• 0.5 acre minimum lot size.
On May 26 1987 the Council adopted Ordinance No. 152 (an
Y . � P
"urgency ordinance") which clarified the Council's intent to
require that lots in the RSF-X and LSF-X zones meet a net minimum
lot size of 20, 000 sq. ft. or 0. 5 acres depending upon the
availability of sewer service. This was done because a number of
parcel map applications were submitted that would have resulted
in parcels of less than 20,000 sq. ft. after areas required for
roads were deducted. An urgency ordinance was adopted because of
the immediacy of the problem and to allow staff time to analyze a
General Plan amendment that would have required that all minimum
lot sizes be based on net (exclusive of roads) rather than .gross
(including road right-of-way) parcel sizes.
The Council has twice extended the life of the urgency ordinance
(Ordinance Nos. 154 and 175) . In the interim, the Planning
Commission and Council determined that the question of net versus
gross lot sizes Citywide should be considered as part of the
General Plan Revision Program, and not as a separate General Plan
amendment. Because of this delay, and the desirability of
maintaining the minimum lot size requirements established by the
Council, adoption of a permanent Zoning Ordinance amendment
appears to be appropriate at this time.
C. RECOMMENDATION:
Staff recommends approval of Zone Change 14-88 making permanent
the minimum net lot sizes of 20, 000 square feet (with sewers) and
0. 5 acres (without sewers) in the RSF-X and LSF-X zones. The
Commission should recommend that the City Council adopt the
attached draft Ordinance.
ATTACHMENTS: Exhibit A - Location Maps
Exhibit B - May 12, 1987 Staff Report
Exhibit C - Ordinance 175
Exhibit D - Draft Ordinance
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EXHIBIT B
May 12, 1987 Staff Report
ZC 14-88
M E M O R A N D U M
TO: City Council May 12, 1987
VIA: Michael Shelton, City Manager
FROM: Henry Engen, Community Development Director KE
SUBJECT: A Report to City Council Relative to Clarifying 20,000
Square Foot Minimum Lot Size Requirement
BACKGROUND:
At the City Council' s meeting of April 26, 1987, Council requested
that staff report back on the matter of minimum lot sizes required in
the LSF-X and RSF-X Single Family Residential Districts. In amending
the minimum lot size in such zones from one-half acre with sewer to
20,000 square feet, the Council had intended to establish a net ac-
reage standard, i.e. , 20 ,000 square feet minimum exclud g street
rights-of-way whether owned or not owned by the abutting owner. Sub-
sequently, lot splits have been received which "net" to less than
20,000 square feet when roads are excluded. The Planning Commission
is recommending to the Council that the General Plan and related zon-
ing language be amended to establish a net density standard as part of
the next cycle of amendments.
ANALYSIS:
The General Plan of the City currently states as follows with respect
to minimum lot area (page 58) :
"8. In the calculation of lot area for the purposes of con-
sidering land divisions and in determining permitted numbers
and types of animals allowed, gross acreage shall be used.
However in determining permitted densities for multiple fam-
ily residential developments, net acreage (excluding land
area needed for streets rights-of-way) shall be used. "
In reviewing this language with the City Attorney, the opinion was
given that the Council could consider a zoning text amendment to
tighten up the language with respect to minimum lot size on 20 ,000
square foot lots. The normal process for a zoning text amendment
would be to refer the matter to the Planning Commission for study and
public hearing and then forward a recommendation to the City Council
for first and second reading with an effective date thirty-one days
thereafter.
0 •
The Council also has the option of adopting clarifying language as an
urgency ordinance which is permitted pursuant to Section 65858 of the
Government Code (see attached) . This language allows for adopting on
a four-fifth vote an urgency ordinance which is effective for forty-
five (45) days, and which permits subsequent extension for ten months
and fifteen days pending conclusions of ongoing studies pertinent to
the issue at hand. As noted, the Planning Commission will be recom-
mending to the City Council on the matter of establishing a tighter
definition of net minimum lot size in residential districts. A draft
urgency ordinance reciting requisite findings changing the zoning text
is enclosed for Council' s consideration.
ALTERNATIVES:
The following alternatives are available to implement a net acreage
lot size standard:
1. No action - in anticipation of receipt of a recommendation from
the Planning Commission to initiate this change in both the gen-
eral plan and zoning as part of the current General Plan cycle.
2. Initiate a conventional zoning text amendment to be referred to
the Planning Commission, or
3. Adopt the attached ordinance No. 152 , which would go into immed-
iate effect and preclude approving any future parcel maps or tract
maps in LSF-X or RSF-X zones which contain lots proposed to be
less than 20,000 square feet after streets have been deducted from
the acreage.
HE:ph -
Enclosures: Draft Ordinance No. 152
Government Code Excerpt Section 65858
EXHIBIT C
Urgency Ordinance
Ordinance # 175
ZC 14-88
ORDINANCE NO. 175
AN URGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF ATASCADERO AMENDING TITLE 9 ZONING REGULATIONS
BY CLARIFYING THE MINIMUM REQUIRED LOT SIZE IN THE LSF-X
AND RSF-X DISTRICT AS REQUIRING A NET MINIMUM LAND AREA OF
20,000 SQUARE FEET WITH SEWER (EXCLUDING LAND AREA NEEDED FOR
STREET RIGHTS-OF-WAY WHETHER PUBLICLY OR PRIVATELY OWNED)
AMENDING ORDINANCE NUMBER 154
WHEREAS, Section 65858 of the Government Code authorizes the
adoption by local legislative bodies of interim ordinances as
urgency measures to protect the public safety, health and
welfare; and
WHEREAS, said ordinances may be adopted as urgency measures
prohibiting actions which may be in conflict with a contemplated
zoning proposal which the legislative body, Planning Commission
or Community Develoment Department is considering, or studying,
or intends to study within a reasonable time; and
WHEREAS, the City is presently studying amendments to the
City' s General Plan and zoning regulations to clarify definitions
of minimum lot areas required; and
WHEREAS, the City Zoning Ordinance Sections 9-3 . 154 and 9-
3 . 164 were amended (Ordinance 145) to reduce minimum lot size in
the RSF-X and LSF-X 'districts to 20, 000 square feet with sewers;
and
WHEREAS, said revision was a. reduction from one-half acre
minimum lot size to eliminate disputes as to credit for fee
ownership of roads with the objective of setting a minimum net
lot area of 20, 000 square feet in these districts where sewer is
available regardless of ownership of said fee title to the roads;
and
WHEREAS, applications for the subdivisions of land with lot
sizes of less than 20, 000 square feet net have been submitted
contrary to the City Council ' s intent; and
WHEREAS, the proposed extension of interim Ordinance No. 154
has been noticed for public hearing held on June 14 , 1988
pursuant to Section 65090 of the Government Code; and
WHEREAS, such urgency measures shall require a four-fifths
vote of the legislative body for- adoption.
• NOW, THEREFORE, the City Council of the City of Atascadero
does ordain as follows :
r �+
Section 1 . Council Findings .
1 . The proposed code amendment is in conformance with
Section 65800 et seq of the California Government Code
concerning zoning regulations.
2 . The proposed zoning text amendment will not have a
significant adverse effect on the environment.
Preparation of an Environmental Impact Report is not
necessary.
3 . That further study is necessary to determine what
legislation, if any, is proper for the protection of
the public health, safety and welfare.
4 . That there is a current and immediate threat to the
public health, safety, or welfare, and that the
approval of additional subdivisions inconsistent with
the zoning text changes provided for herein, would
result in a threat to public health, safety, or
welfare.
Section 2 . Zoning Text Change.
That the chart in Section 9-3 . 154 Minimum Lot Size in the
Residential Single Family zone and 9-3 . 164 Minimum Lot Size in
the Limited Residential Single Family zone shall be changed to
read as follows in relation to the Symbol X:
SYMBOL MINIMUM LOT SIZE
X 20, 000 square foot net area (excluding land area
needed for street rights-of-way whether publicly
or privately owned) with sewer; half acre net
area (excluding land area needed for street
rights-of-way whether publicly or privately
owned) where sewer is not available.
Section 3 .
All applications for a permit for a subdivision of land
which had been pending before the City of May 12 , 1987 , shall not
be affected by or subject to the restraints herein enacted.
Section 4 .
This ordinance is adopted under Government Code Section
65858 and is in full force and effect for one ( 1 ) year.
0
Section 5 .
The City Council hereby declares that this is an urgency
ordinance necessary to preserve the public peace, health and
safety due to the facts set forth above.
Section 6 .
This ordinance being an urgency ordinance for the immediate
protection of the public safety, health and general welfare,
containing a declaration of the facts constituting the urgency
and passed by a four-fifths (4/5) vote of the Council shall take
effect immediately upon its adoption.
Section 7 . Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
news, a newspaper of general circulation, printed, published and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance, and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of this City.
On motion by COUNCILWOMAN MACKEY and seconded by
COUNCILWOMAN BORGESO'yV the foregoing ordinance is hereby adopted in
its entirety by the following roll call vote:
AYES : COUNCILMEMBERS BORGESON, BOURBEAU, HANDSITY, MACKEY AND MAYOR NORRIS
NOES: NONE
ABSENT: NONE
DATE ADOPTED: 6/14/88
CITY OF ATASCADERO, CALIFORNIA
)!51f_11/1r'L11_ A�� lz�
BARBARA NORRIS, MAYOR
ATTEST: .
BOYD S�RITZ, City Cler
APPROVED AS TO CONTENT:
BILL- HANLEY Interim City Manager
APPROVED AS TO FORM:
Lf44.#�--
YR NSEN, City Attorney
REPARED Y•
0�
HENRY ENGEN
Community De elopment Director
•
1
EXHIBIT D
Draft Ordinance
ORDINANCE N0.
ZC 14-88
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE
TEXT RELATIVE TO MINIMUM LOT SIZES IN THE RSF-X AND LSF-X
SINGLE FAMILY RESIDENTIAL ZONES BY REQUIRING A NET MINIMUM
LOT SIZE OF 20,000 SQUARE FEET (WITH SEWERS) AND
0. 5 ACRES (WITHOUT SEWERS) EXCLUSIVE OF ROADS
(CITY OF ATASCADERO: ZC 14-88)
WHEREAS, the proposed zoning text amendment proposes
standards that are consistent with the General Plan as required
by Section 65860 of the California Government Code; and
WHEREAS, the proposed amendment is in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on November 15, 1988, and has recommended approval of the
Zoning Ordinance text amendment; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposal is consistent with the General Plan
land use element and other elements contained in the
General Plan.
2. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
Section 2. Zoning Text Change.
Zoning Ordinance Text Amendment 14-88 is approved to change
the text of the Zoning Ordinance as shown in the attached Exhibit
A, which is made a part of this Ordinance by reference.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published, and
Ordinance No.
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4. Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12: 01 a.m. on the 31st day after its passage.
On motion by and seconded by
the motion as approved by the following role
call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
By:
BONITA BORGESON, Mayor
City of Atascadero, California
ATTEST:
BOYD C. SHARITZ, City Clerk
APPROVED AS TO CONTENT:
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
JEFFREY JORGENSEN, City Attorney
PREPARED BY:
HENRY ENGEN, Communi ` Development Director
EXHIBIT A
The charts contained in Zoning Ordinance Section 9-3. 154 and
Section 9-3. 164 are amended to read as follows:
SYMBOL MINIMUM LOT SIZE
X 20,000 square foot net area (excluding land
area needed for street rights-of-way whether
publicly or privately owned ) with sewer ; half
acre net area (excluding land area needed for
street rights-of-way whether publicly or
privately owned ) where sewer is not available.
aY One ( 1 ) acre, when sewers are available
One and one-half ( 1 1/2) acres, when sewers
are not available.
Z One and one-half ( 1 1/2) to two and one-half
(2 1/2) acres based on performance standards
set forth in this Section.
�I
MINUTES EXCERPT -0-ANNING COMMISSION - 11/1*8
-8-
In resp o se to comment by the Commission, Ms . ollowell
clarified heir desire to have this hearing ntinued in
order to ork out the design problems earli addressed.
She emphasiz that the primary issue is w ther the use
(drive-thru) i compatible with the site.
Chairperson Loch idge explained that he ould like to see
the areas that re addressed throu the staff report
worked on by the a licant.
Ms . Hollowell asked for the Com ssion' s consensus as to
whether this site is c patible fo a drive-thru restaurant.
Commissioners in favor: High and, Lopez-Balbontin, Waage,
an Tobey
Commissioners against: L idge, Brasher, and Luna
At this point; Commissio er Tob y restated his motion.
MOTION: Made by Co missioner T ey to approve Conditional
Use Permi 12-88 with a signage modifications
(to rem ve logo from t e entrance sign) . The
motion ied for lack of a s cond.
MOTION: Mad by Commissioner Tobey, econded by Commis-
si er Highland and carried :0 to continue the
aring on Conditional Use ermit 12-88 to
ecember 6, 1988.
Chairp son Lochridge requested that a repre entative from
Publ ' Works be in attendance at the December 6 meeting.
Ch irperson Lochridge called a recess at 10: 23 p. meeting
convened at 10:30 p.m.
3. ZONE CHANGE 14-88 :
Request initiated by City of Atascadero to amend the
Zoning Ordinance text relative to the minimum lot sizes
allowed in the RSF-X (Residential Single Family) and
LSF-X (Limited Single Family) residential zones .
Subject zone change is City-wide.
Mr. Engen presented the staff report summarizing the
background involved with this matter.
There was discussion relative to gross vs . net density which
has been referred to the Commission to be addressed as part
of the General Plan update. •
There was no public comment.
MINUTES EXCERPT - &NNING COMMISSION - 11/15
-9-
NOTION: Made by Commissioner Highland, seconded by Commis-
sioner Tobey and carried 7 :0 to recommend approval
of Zone Change 14-88 and recommend that the City
Council adopt the draft ordinance with the
following modification:
To make permanent the minimum net lot size of 0. 5
acre with sewer and 0.5 acre without sewer in the
RSF-X and LSF-X zones.
A.
Proposed Resolution No. 3-88 adopting "Dista a Factor"
Map for determining minimum lot size.
Mr. gen explained the background concerni this resolu-
tion n ting that all affected persons ( rchitects, land
surveyo engineers) will receive a py of the larger
distance actor map for determining minim lot sizes.
Commissione Brasher noted she liked t new map and found
it much easie to work with than the der one.
There was disc ssion concerning a more definitive way of
determining minim lot size when particular parcel lands
between two distanc ratings for a lot size factor.
MOTION: Made by Co missio r Waage, seconded by Commis-
sioner Highl d and carried 7 :0 to adopt
Resolution No. - 8.
MOTION: Made by Comm'ssi ner Highland and seconded by
Chairperson chrid a to continue the meeting past
11 : 00 M.
There was further d' scussion cont ning initiation change in
the Zoning Ordin ce pertaining t modification concerning
lot size fact s (where the 1 s restrictive factor
prevails when a parcel falls between t o distance ratings) .
There was also discussion concerning th theory behind the 2
1/2 to 10 ac lot size ranges . Commis sl n consensus was to
initiate a ange to Section 9 .3144 (b) ( of the Zoning
Ordinance o require the more restrictive f tors .
C. INDIV UAL COMMENT
1. Planning Commission
mmissioner Brasher asked for an update concerning de elop-
ent of a downtown plan by Cal Poly students.
In response to question from Commissioner Luna, Mr. Eng
reported that proposed tree ordinance revisions will be
heard by the Commission on December 20th. It was noted that
i
tEET7,, AGENDA _d=._.
ITEM -
MEMORANDUM
To: Honorable Mayor and City Council
Through: Ray Windsor, City Manager
From: Paul,M. Sensibaugh, Director of Public Works/City Engineer
Subject : Ordinance 183 Ammending Sections of Chapter 12
(Ordinance 119, Development Fees)
Date : December 12, 1988
Recommendation:
Staff recommends that Council adopt Ordinance 183 .
Background:
Resolution 100-88 recently established new development fees on
the basis of Ordinance 119 . Ordinance 119 refers to sections of the
• 50c Tax ordinance that must be added to Ordinance 119 prior to the
repeal of the 50c Tax ordinance .
Discussion:
Ordinance 183 adds the definitions and exemptions contained in
Ordinance 111 , the 50c Tax ordinance, to the Development Fee
Ordinance 119 (Chapter 12, Article 3 of the City Code) .
Additionally, the new ordinance allows the use of non—residential
fees, as well as residential fees , for parks and recreation
facilities . The only other change is the deletion of the reference
to the school development fee .
After the second reading, staff will be submitting the repeal
for several ordinances and resolutions associated with the old
development fees .
Fiscal lmpact :
This is a procedural step that must be taked to maintain the
development fee revenue collections .
•
•
ORDINANCE NO. 183
AN ORDINANCE AMENDING CHAPTER 12 , ARTICLE 3 OF THE CITY
OF ATASCADERO CODE RELATING TO DEVELOPMENT IMPACT FEES.
The Council of the Citv of Atascadero does ordain that Article
3 of Chapter 12 of the Atascadero Municipal Code is hereby amended as
follows :
SECTION 1_
Section 3-12 . 03 DEFINITIONS :
The following terms shall have the following meanings when used in
this Chapter.
The following definitions to be added to Section 3-12 . 03
(h) "Building" : means any structure having a roof supported
by columns and/or walls and intended for shalter , housing, and/or
enclosure of any person , animal or chattel , but not including ten
or mobile homes .
(i) "Building Permit" : means a buiildincr permit for
residential , non-residential , or mobile home site development applied
for to the Community Development Department of Atascadero on or after
the effective date of this Ordinance.
(j) "Construct" "Construction" as used in this Chapter means
the putting together, assembling, erection or altering of
construction materials components , or modules into a structure , or
portion of a structure , and includes restructuring, enlarging or
altering any structure . "Construct" also includes the moving from
outside the City and locating of a building, or portion thereof, onto
a lot or parcel of land, and also includes the improvement of land as
a mobile home lot .
(k) "Dwelling Unit" means an independent , attached or
detached residential building designed to house and provide living
space including kitchen and bathroom facilities , for an individual
family.
(1) "Gross Building Area" means the total floor area of each
floor of all buildings subject to this ordinance, including internal
circulation , storage and equipment space, as measured from the
outside faces of the exterior walls , including halls , lobbies ,
stairways , elevator shafts , enclosed porches and balconies . •
(m) "Mobile Home" means a vehicle without self-propulsion
designed and equipped as a dwelling unit to be used with a
foundation .
(n) "Mobile Home Lot" , as used in this Chapter, means any
area or portion of a lot designated, designed, or used for the
occupancy of one (1) mobile home on a permanent basis .
(o) "Non-Residential" includes all uses of land other than
residential including agricultural , communication, cultural ,
educational , recreation, manufacturing, processing, resource
extraction , retail trade, services , transient lodging, transportation
and wholesale trade uses .
(p) "Person" includes any individual , firm, co-partnership,
corporation, company , association , joint stock association , city,
county, state or district ; and includes any trustee, receiver,
assignee, or other similar representatives thereof .
(q) "Structure" as used in this Chapter means any artifact
constructed or erected, the use of which requires attachment to the
ground, including any building, but not including fences or walls six
feet or less in height .
(r) As used in this Chapter, the terms "residential , "
"commercial , " "office," "industrial , " "hotel , " "motel , " and "quasi-
public" have the same meanings as are defined in the General Plan and
Zoning Ordinance of this City, as well as administrative
interpretations thereof .
Section 3-12 . 07 (c) LIMITATIONS ON USE
The words "except parks and recreations facilities" shall be
deleted and a new section 12 . 07 (c) shall read as follows :
(c) Fees from residential and nonresidential development may be
used for all types of capital improvements .
Section_2=12_10—EXCEP-1QNZ
Section 3-12 . 10 is deleted in its entirety and a new section 3-
12 . 10 shall be added to read as follows :
(a) The construction of a buildincr or structure or mobile
home which is a replacement for a building or mobile home being
demolished or moved to outside the City from the same lot or parcel
of land. The exception shall equal but not exceed the fee which
would be payable hereunder if the building or mobile home being
replaced were beincr newlv constructed. If the fee imposed on the new
building exceeds the amount of this exception, such excess shall be
paid;
(b) Accessory buildings or structures in planned
developments , multi-family or mobile home parks , such as a clubhouse,
swimming pool , or laundry facility ;
0 •
(c) Buildings or structures which are "clearly accessory to
a principal use" such as fences , pools , patios , parking spaces
garages , residential accessory buildings . ;
(d) Any person when imposition of such tax upon that person
would be in violation of the Constitution and the laws of the State
of California, County of San Luis Obispo, or City of Atascadero;
(e) A condominium project converting an existing multi-
family building_ into condominiums where no new dwellinc_ra are added or
created;
(f) Any rebuilding of a structure destroyed or damaged by
fire; explosion, act of God or other accident or catastrophe, which
rebuilding does not increase the original gross building area . If
such increase does occur, the increase shall be subject to the fee as
imposed by this chapter .
(g) Any restoration/reconstruction of a historical
building recognized, acknowledged, and designated as such by the City
Planning Commission or City Council ;
(h) The construction of any building by the City of
Atascadero , or the United States or any Department or Agency thereof,
or by the State of California or any Department , Agency or Politic
Subdivision thereof , or any residential development where the Cit
Council finds there are specific over-riding fiscal , economic , social
or environmental factors benefitting the City which, in the sole
judgement of the City Council , would justify the approval of such
development without the payment of said tax .
SECTION 2 . PUBLICATION
The City Clerk shall cause this Ordinance to be published in the
Atascadero News , a newspaper of general circulation, printed,
published and circulated in this City, once within fifteen (15) days
after its passage, in accordance with government code Section 36933;
and shall certifv the adoption of this Ordinance; and shall cause
this Ordinance and certification to be entered into the Book of
Ordinances of this City .
SECTION 3 . EFFECTIVE DATE
This ordinance shall cro into effect band be in full force and
effect at 12 . 01 a .m, on the 31st day after its passage .
0
On motion by Councilmember and seconded by
Councilmember the foregoing ordinance is hereby adopted
in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST :
BOYD C. SHARITZ BONITA BORGESON
City Clerk Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
PAUL M. SENSIBAUGH JEFFREY G. JORGENSEN
Director of Public Works City Attorney
City Engineer
ORDINANCE NO. 183
AN ORDINANCE AMENDING ORDINANCE 119 OF THE CITY
OF ATASCADERO CODE RELATING TO DEVELOPMENT IMPACT FEES
PART 1 .
Section 3-8. 03: DEFINITIONS:
The following terms shall have the following meanings when used in
this Chapter .
(h) "Building" : means any structure having a roof supported
by columns and/or walls and intended for shalter, housing, and/or
enclosure of any person, animal or chattel , but not including tents
or mobile homes .
(i) "Building Permit" : means a buiilding permit for
residential , non-residential , or mobile home site development applied
for to the Community Development Department of Atascadero on or after
the effective date of this Ordinance.
0) "Construct" "Construction" as used in this Chapter means
the putting together , assembling, erection or altering of
construction materials components , or modules into a structure, or
portion of a structure, and includes restructuring, enlarging or
altering any structure . "Construct" also includes the moving from
outside the City and locating of a building, or portion thereof, onto
a lot or parcel of land, and also includes the improvement of land as
a mobile home lot .
(k) "Dwelling Unit" means an independent , attached or
detached residential building designed to house and provide living
space including kitchen and bathroom facilities , for an individual
family .
(1) "Gross Building Area" means the total floor area of each
floor of all buildings subject to this ordinance, including internal
circulation , storage and equipment space, as measured from the
outside faces of the exterior walls , including halls , lobbies ,
stairways , elevator shafts , enclosed porches and balconies .
(m) "Mobile Home" means a vehicle without self-propulsion
designed and equipped as a dwelling unit to be used with a
foundation .
(n) "Mobile Home Lot" , as used in this Chapter , means any
area or portion of a lot designated, designed, or used for the
occupancy of one (1) mobile home on a permanent basis .
(o) "Non-Residential" includes all uses of land other tha*
residential including agricultural , communication, cultural ,
educational , recreation, manufacturing, processing, resource
extraction , retail trade, services , transient lodging, transportation
and wholesale trade uses .
(p) "Person" includes anv individual , firm, co-partnership,
corporation, company, association , Joint stock association, city,
county, state or district ; and includes any trustee, receiver,
assignee, or other similar representatives thereof.
(q) "Structure" as used in this Chapter means any artifact
constructed or erected, the use of which requires attachment to the
ground, including any building, but not including fences or walls six
feet or less in height .
(r) As used in this Chapter, the terms "residential ,"
"commercial , " "office, " "industrial , " "hotel , " "motel ," and "quasi-
public" have the same meanings as are defined in the General Plan and
Zoning Ordinance of this City, as well as administrative
interpretations thereof .
Section 3-8 . 07 : LIMITATIONS ON USE
(c) Fees from residential and nonresidential development
may be used for all types of capital improvements .
Section 3-8 . 10: EXCEPTIONS:
There is excepted from the fee imposed by this Ordinance the
following:
(a) The construction of a building or structure or mobile
home which is a replacement for a building or mobile home being
demolished or moved to outside the Citv from the same lot or Marcel
of land. The exception shall equal but not exceed the fee which
would be payable hereunder if the building or mobile home being
replaced were being newly constructed. If the fee imposed on the new
building exceeds the amount of this exception, such excess shall be
paid;
(b) Accessory buildings or structures in planned
developments , multi-family or mobile home parks , such as a clubhouse,
swimming pool , or laundry facility;
(c) Buildings or structures which are "clearly accessory to
a principal use" such as fences , pools , patios , parking spaces
garages , residential accessory buildings . ;
(d) Any person when imposition of such tax upon that
person would be in violation of the Constitution and the laws of th
(D
State of California, County of San Luis Obispo, or City o
Atascadero ;
(e) A condominium project converting an existing multi-
family building into condominiums where no new dwellings are added or
created;
(f) Any rebuilding of a structure destroyed or damaged by
fire; explosion, act of God or other accident or catastrophe, which
rebuilding does not increase the original gross building area . If
such increase does occur, the increase shall be subject to the fee as
imposed by this resolution .
(g) Any restoration/reconstruction of a historical
building recognized, acknowledged, and designated as such by the City
Planning Commission or City Council ;
(h) The construction of any building by the City of
Atascadero, or the United States or any Department or Agency thereof ,
or by the State of California or any Department , Agency or Political
Subdivision thereof , or any residential development where the City
Council finds there are specific over-riding fiscal , economic , social
or environmental factors benefitting the City which, in the sole
judgement of the City Council , would justify the approval of such
development without the payment of said tax.
PART 2 .
The City Clerk shall cause this Ordinance to be published in the
Atascadero News , a newspaper of cteneral circulation, printed,
published and circulated in this City, once within fifteen (15) days
after its passage, in accordance with government code Section 36933;
and shall certify the adoption of this Ordinance; and shall cause
this Ordinance and certification to be entered into the Book of
Ordinances of this City .
AYES:
NOES:
ABSENT:
ATTEST:
BOYD C . SHARITZ BONITA BORGESON
Citv Clerk Mayor
APPROVED AS TO CONTENT : APPROVED AS TO FORM:
PAUL M. SENSIBAUGH JEFFREY G. JORGENSEN
Director of Public Works City Attorney
City Engineer
eMEEi'!
M E M O R A N D U M
TO: City Council January 10, 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director At,
SUBJECT: GENERAL PLAN AMENDMENT 1A-89
LOCATION: 10785 El Camino Real and 10857 E1 Camino Real
APPLICANT: Estate of Maria Colombo (Glen Lewis)
REQUEST: Amendment of the Land Use Map of the General Plan to
expand the Urban Services Line.
BACKGROUND:
• On December 6, 1988 the Planning Commission conducted a public
hearing on the above-referenced subject. On a 7 : 0 vote, the Com-
mission recommended approval of Resolution No. 1-89 (attached) .
There was brief discussion on this matter as reflected in the
attached minutes excerpt.
RECOMMENDATION:
Approval of Resolution No. 1-89 approving General Plan Amendment
1A-89, per the Planning Commission' s recommendation.
HE:ps
Attachments: Staff Report dated December 6 , 1988
Minutes Excerpt - December 6, 1988
Resolution No. 1-89
•
0
CITY OF ATASCADERO Item: B-3 •
STAFF REPORT
FOR: Planning Commission Meeting Date: December 6, 1988
BY: Steven L. DeCamp, Senior Planner File No: GP 1A-89
SUBJECT:
Consideration of an amendment to the Land Use Map of the Land Use
Element of the General Plan to expand the Urban Services Line to
include additional territory located at 10785 El Camino Real.
BACKGROUND:
The subject property is designated for High Density Multiple
Family development on the Land Use Map and is zoned RMF-16
(Residential Multiple Family - 16 units per acre) . Maximum
development density can not be achieved, however, because the
property is located outside the Urban Services Line.
The study area for this proposal was expanded to include the •
adjacent parcel (10857 El Camino Real) because it shares the same
General Plan and Zoning designations and is also located outside
the Urban Services Line.
A. SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . . . . .Estate of Maria Colombo
2. Representative. . . . . . . . . . . . . . .Glen Lewis
3. Project Address. . . . . . . . . . . . . . 10785 E1 Camino Real &
10857 E1 Camino Real
4. Legal Description. . . . . . . . . . . .Lt. 10 & Ptn. Lt. 11;
Blk. 7; Eaglet #2
5. Site Area. . . . . . . . . . . . . . . . . . . .approx. 18. 0 acres
6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RMF-16
7. General Plan Designation. . . . .High Density Multi-Family
8. Existing Use. . . . . . . . . . . . . . .Single Family Dwelling
9. Environmental Status. . . . . . . . .Negative Declaration posted •
November 21, 1988
2
B. ANALYSIS:
The City' s adopted General Plan, in the Land Use Element, defines
the purpose of the Urban Services Line (USL) . That section of
the Plan states, in part:
"The Urban Services Line defines the area that will
eventually be furnished with major public and quasi-
public services. "
This section of the Plan goes on to enumerate the essential
services which will be made available within the Urban Services
Line. Of the services listed, sewer service is perhaps the most
important (following water, which is available throughout the
City) in determining the development potential of a piece of
property.
Land Use Policy Proposal #3 states:
"Properties outside the Urban Services Line shall be
evaluated for lot sizes based on the Suburban Residential
Range (2-1/2 to 10 acres) until sewers are available. "
Within the Urban Services Line, the smallest lot size allowed by
the General Plan is 1/2 acre. The importance of the availability
of sewers can, therefore, be readily seen.
The City' s Zoning Ordinance also speaks to the availability of
sewer service in developing property zoned for multiple family
projects. Section 9-3. 176 (e) makes sewer service a prerequisite
to obtaining maximum permitted densities. This Section reads:
"Sewer Service: Sewer service and the inclusion of property
within the urban services line (USL) shall be a prerequisite
to developing multiple family projects to the density
standards of the RMF Zone. RMF-Zoned properties outside of
the Urban Services Area shall develop in accordance with the
standards of the RS Residential Suburban District. "
The property which is the subject of this General Plan amendment
request is designated on the General Plan map "High Density
Multiple Family. " The Zoning Ordinance Map shows the property
zoned "RMF-16" (Residential Multiple Family - 16 units per
acre) . These designations are not consistent with the exclusion
of this property from the Urban Services Line. The property
should either be included within the Urban Services Line or be
redesignated for development consistent with the use of on-site
waste disposal systems.
The subject parcels constitute a small "island" of property
outside of the Urban Services Line. As shown on Attachment B,
the property is adjacent to the USL on three (3) sides. The
forth side of the parcels is next to the City Limits Line. The
property is also an "island"relative to existing development
3
patterns. There is a multiple family development to the north of
the site and a mobil home park and convalescent home to the
south. There is also multiple family development located across
E1 Camino Real from this property.
Given the type of development existing around the subject
property, it appears neither appropriate nor desirable to
restrict future development to a 2 1/2 to 10 acre minimum lot
size. The terrain, proximity to services; availability of
adequate circulation, and the nature of surrounding development
all argue for higher density development on this property.
If the property is included within the USL and a multiple family
project is proposed, the density standards of the Zoning
Ordinance will determine the maximum number of units permitted on
the property. Because the property is relatively flat, it should
be assumed that the maximum density allowed by the RMF-16 zone
can be achieved. If it is further assumed that 5 of the
approximately 18 acres will be used for roads and driveways, 13
acres will remain for development. If a developer sought to
build two-bedroom units, a total of 156 such units would be
theoretically possible on this site. Other required amenities
(open space, covered parking, enclosed storage, etc. ) would,
however, reduce the maximum number of units. This scenario also
assumes that both parcels would be developed as a cohesive unit
which, in fact, is unlikely to occur.
It should be noted that any development which occurs on these two
parcel will be at a lower density than existing surrounding
development. This reduction in density will occur as a result of
Zoning Ordinance amendments which have been adopted subsequent to
the approvals for the other projects.
In summary, the following factors should be considered in
reviewing this General Plan amendment proposal:
1. The General Plan Land Use Map designates the subject
parcels for High Density Multiple Family development.
2. The Zoning Ordinance Map designates the property RMF-16
(Residential Multiple Family) which is consistent with
its General Plan designation.
3. The terrain, availability of services (except sewer) ,
and circulation pattern make this site appropriate for
multiple family development.
4. Multiple family development is compatible with the type
and density of existing and permitted development
located in proximity to the subject.
5. Low density (2 1/2 acre) residential development would •
not be the most efficient or appropriate use of the
subject property.
4
C. RECOMMENDATIOM:
Staff recommends approval of General Plan Amendment 1-89. The
Commission should recommend that the City Council adopt the
attached resolution approving said amendment.
ATTACHMENTS: Attachment A - Location & Zoning Map
Attachment B - Existing General Plan Map
Attachment C - Draft Resolution
ATTACHMENT A
CITY OF Location & Zoning Map
ATASCADERO
r let •4 —,� ' t97•-7 GP 1A-89
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DEPARTMENT
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RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO APPROVING AN AMENDMENT TO THE
LAND USE MAP OF THE LAND USE ELEMENT
OF THE CITY'S GENERAL PLAN
(GP 1A-89 COLOMBO)
WHEREAS, the City of Atascadero has grown considerably since
incorporation; and
WHEREAS, the City' s General Plan, which was prepared in the
1970' s and adopted in 1980 to guide the City' s general growth is
in need of updating; and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearing on the subject amendment on December
6, 1988; and
WHEREAS, Government Code Section 65356 provides that a
General Plan be amended by the adoption of a resolution; and
WHEREAS, the Council of the City of Atascadero finds as
follows:
1. The proposed General Plan amendment recommended by the
Planning Commission is consistent with the goals and
policies of the General Plan.
2. The proposed General Plan amendment will not have a
significant adverse affect on the environment. The
Negative Declaration prepared for the project is
adequate.
THEREFORE, the Council of the City of Atascadero does
resolve to approve General Plan Amendment GP 1A-89 as follows:
1. Amendment to the General Plan Land Use Element, Land
Use Map as shown of the attached Exhibit "A" .
On motion by and seconded by
, the foregoing resolution is hereby
adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED: 0
. Resolution No.
Q0
CITY OF ATASCADERO, CA
BONITA BORGESON, Mayor
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:
HENRY ENGEN, Community Development Director
• EXHIBIT A
`` Amended Urban Services
CITY OF ATASCADERO Line at Lots 10 & 11;
V 1914 ' 19,70-7 Block 7; Eaglet #2
- ` COMMUNITY DEVELOPMENT
DEPARTMENT GP 1A-89
ATASCADE�O STATE
• H4PITAL
REC.
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MINUTES EXCERPT -ILANNING COMMISSION - DECEMPR 6 , 1988
3. GENERAL PLAN AMENDMENT 1A-89 :
Request initiated by the Estate of Maria Colombo (Glen
Lewis) to amend the Land Use Map of the General Plan to
expand the Urban Services Line. Subject site is loca-
ted at 10785 E1 Camino Real and 10857 E1 Camino Real .
Mr. Engen presented the staff report noting that this prop-
erty cannot achieve maximum development density because the
property is located outside the Urban Services Line. Staff
is recommending that these two properties be included within
the Urban Services Line.
Roberta Lewis, representing the applicant, explained that
the nine heirs to the Maria Colombo Estate are desirous of
establishing homes on this property and would be unable to
do so with the property being outside the USL.
Mr. Vanderpool, owner of the Lost Oaks Mobile Home Park,
asked for clarification on the property' s zoning.
Commissioner Highland provided a history as to why these two
properties were excluded from the USL district years ago.
In response to question from Commissioner Waage, Mr. Engen
. stated that the adjoining property owner (Lima - 10857 E1
Camino Real) had been sent a hearing notice and staff report
but no response was received by them.
MOTION: Made by Commissioner Tobey, seconded by Commiss-
sioner Highland and carried 7 :0 to recommend
approval of General Plan Amendment 1A-89 by adopt-
ing the draft resolution.
4. REVIE F FY 1988-1993 CAPITAL IMPR NT PROGRAM:
Review o draft capital budge—taLpd five year plan for
review and ment as to con ity of the project
listing with t General Plan
Mr. Engen reported tha t City Council has previously
reviewed the five year CIP ong with the current fiscal
year projects noting th the atter is before the Commis-
sion for review and c ent as to nformity of the proposed
CIP with the Genera Plan. It will b considered further by
the City Council s part of their mid-ye budget review in
January or Feb; ary.
At this .'Point, Mr. Sensibaugh proceeded to esent the
Capitamprovement Program and respond to quest ns from
the C mmission.
-3-
i •
RESOLUTION NO. 1-89
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO APPROVING AN AMENDMENT TO THE
LAND USE MAP OF THE LAND USE ELEMENT
OF THE CITY'S GENERAL PLAN
(GP 1A-89 COLOMBO)
WHEREAS, the City of Atascadero has grown considerably since
incorporation; and
WHEREAS, the City' s General Plan, which was prepared in the
1970' s and adopted in 1980 to guide the City' s general growth is
in need of updating; and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearing on the subject amendment on December
6, 1988; and
WHEREAS, Government Code Section 65356 provides that a
General Plan be amended by the adoption of a resolution; and
WHEREAS, the Council of the City of Atascadero finds as
follows:
1. The proposed General Plan amendment recommended by the
Planning Commission is consistent with the goals and
policies of the General Plan.
2. The proposed General Plan amendment will not have a
significant adverse affect on the environment. The
Negative Declaration prepared for the project is
adequate.
THEREFORE, the Council of the City of Atascadero does
resolve to approve General Plan Amendment GP 1A-89 as follows:
1. Amendment to the General Plan Land Use Element, Land
Use Map as shown of the attached Exhibit "A" .
On motion by and seconded by
, the foregoing resolution is hereby
adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
r 0
Resolution No. 1-89
CITY OF ATASCADERO, CA
BONITA BORGESON, Mayor
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:
HENRY ENGEN, Community Development Director
0 MEETtN
DATA„� �lif --=••:.L..
•
M E M O R A N D U M
TO: City Council January 10, 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director X1
SUBJECT: TREE REMOVAL REQUEST: 9582 LAUREL ROAD
(Precise Plan 40-88)
BACKGROUND:
The Tree Ordinance requires that heritage trees not be removed
unless approved by the City Council following public hearing.
PRECISE PLAN APPLICATION:
As indicated in the attached applicant' s statement, Martin
Colleran (Cuesta Engineering) is seeking removal of one 35" white
• oak tree in poor condition as part of a precise plan application
for siting of a house involving grading of over 20% on the prop-
erty (see attached materials) .
The arborist is recommending removal of a total of 12 trees
including the one heritage tree noted. Thirteen ( 13) replacement
trees in two clusters are proposed on the property. As noted in
the supplemental statement, the subject tree is in poor condition
and its removal will enable some other healthy trees to prosper.
The tree ordinance includes tree removal criteria as stated in
the following:
" (iv) Obstructing existing or proposed improvements that
cannot be reasonably designed to avoid the need
for tree removal . "
STAFF RECOMMENDATION:
Approval of removal of the heritage tree with mitigation measures
as recommended by the arborist.
HE:ps
Enclosures : Location Map
Grading Plan
Supplemental Statement
is Arborist Supplemental Information
cc: Martin Colleran
Cuesta Engineering
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CUES?A ENGINEERING
7401-B EI Camino Real/P.O. Box 2066
Atascadero, California 93423
(805)466-6827
December 13, 1988
i
i
Doug Davidson
City of Atascadero
6500 Palma
Atascadero, CA 93422
RE: Precise Plan #40/Colleran
Dear Doug:
This is to respond to your inquiry about our proposed removal of
Tree #1 , a 35" W.O. in poor health. Randy Hoppe, the arborist on
this job and I revisited the site December 9, 1988. We determined
that shortening the leach lines in order to save Tree #1 would only
result in having to extend the lowest leachline. This would result
in endangering a 23" and 22" L.O. which are very healthy and nice
trees. We believe that the best solution is to remove Tree #1 and
construct the system as it is shown.
If you have any questions, please contact me at your convenience.
Sincerely,
Robert Carnes
RC:pd
cc: Randy Hoppe
Y
DAT ITE
MEETIN AGENDA �_ /
• DAT /G REM 11 _.._._.1__.
M E M O R A N D U M
TO: City Council Members
FROM: Ray Windsor, City Manager
SUBJECT: Downtown Master Plan and Task Force
DATE: December 13 , 1988
In accordance with your action at the 11/29/88 joint Council/
Planning Commission meeting, staff is in the process of sub-
mitting a request for proposal (RFP) for a downtown master plan
which will be brought back to you for your evaluation and
selection early in 1989 .
As a concurrent action, I would like to ask you to appoint a
task force reflecting the interests of a cross-section of the
community to work with the consultant on the downtown project.
• Council may choose to add or delete representatives from the
following list of groups and organizations:
Council
Planning Commission
Chamber of Commerce
Business Improvement Assoc .
Atascadero Homeowners Assoc.
Atascadero Board of Realtors
Atascadero Unified School District
- Two members at large
City staff
I would like to request that this selection take place no later
than your second meeting in January, 1989 .
RW:cw
• MEMORANDUM
To: Honorable Mayor and City Council
Through: Ray Windsor, City Manager
From: Paul M. Sensibaugh, Director of Public Works/City Engineer
Subject : Request for Partial Abandonment—Sewer Easement
Date : January 6, 1989
Recommendation:
Staff recommends that Council adopt Resolution 2-89 which sets
February 14 as a public hearing date for the abandonment of a
portion of the sanitary sewer within the Century Plaza parking lot .
Background:
Century Plaza has requested an encroachment into the existing
• sanitary sewer easement which they granted the City for the
development of the theater expansion project and Brookhill
Restaurant . The corner of proposed building "J" will protrude into
the easement if that construction is permitted. Therefore, it. is
necessary to request abandonment of a portion of the easement to
accomodate the same .
Discussion:
Since the building will not be directly over the sewer line,
but within two feet of it, and since the building will be designed
in such a manner that no bearing pressure will affect the sewer
trench, staff is willing to accept the proposal based upon the
signing of the attached Indemnity Agreement prepared by the City
Attorney.
Fiscal Impact :
There is no cost associated with this request since no money
was given for the easement at the time of formation.
•
0 •
RESOLUTION NO. 2 -89 •
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO CONSIDERING THE INTENTION TO VACATE A PORTION
OF A SANITARY SEWER EASEMENT IN THE CENTURY PLAZA PARKING
LOT AND CAPISTRANO RIGHT-OF-WAY PURSUANT TO THE STREETS AND
HIGHWAYS CODE
NOW, THEREFORE, the Council of the City of Atascadero resolves as follows:
1. It is the intention of the City of Atascadero to consider abandoning
a portion of the sanitary sewer easements as shown on attached Exhibit A and
subject to the agreement shown as Exhibit B.
2. The proposed abandonment is categorically exempt from the provisions
of the California Environmental Quality Act.
3. Copies of the map showing the particulars of the proposed abandonment
are on file in the Community Development Department and the Public Works
Department.
4. The City Council shall hold a public hearing on February 14, 1989 to
consider a Resolution of Vacation at which time all persons interested in the
proposed vacation may be heard.
5. The City Clerk shall cause the notice of this public hearing to be
published in the same manner as other Resolutions of this Council. •
6. The Director of the Community Development Department shall cause to
be posted, conspicuous notices of vacation in compliance with Streets and '
Highways Code Section 8322.
This Resolution was passed and adopted on January 10, 1989.
AYES:
NOES:
ABSENT:
ATTEST:
BOYD C. SHARITZ, City Clerk BONITA BORGESON, Mayor
APPROVED AS TO CONTENT APPROVED AS TO FORM
s
PAUL M. SENSIBAUGH JEFFREY G. JORGENSEN
Director of Public Works City Attorney
City Engineer
.�Xl,6rf- B
Recording requested by:
When recorded mail to:
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
APN
INDEMNITY AGREEMENT
AFFECTING REAL PROPERTY
THIS AGREEMENT is made and entered into this day of
, 19 , by and between EL CAMINO ASSOCIATES, a
California General Partnership, hereinafter referred to as
"Indemnitor", and the CITY OF ATASCADERO, a Municipal
Corporation of the State of California, hereinafter referred
to as "City".
WHEREAS, Indemnitor is the owner of that certain real
property located within the City of Atascadero, commonly known
as Century Plaza, and more particularly described in the
attached Exhibit "A" incorporated herein as though fully set
forth; and
WHEREAS, Indemnitor has applied to the City of Atascadero
for the partial abandonment of a sewer easement granted to the
City and recorded at Volume 1556 of Official Records at Page
91 in the office of the County Recorder, County of San Luis
Obispo; and
WHEREAS, said partial abandonment of the sewer easement
is necessary and convenient to the further development of
Century Plaza by Indemnitor; and
WHEREAS, said partial abandonment of the sewer easement
will allow the construction of a building and other structures
within close proximity to a main sewer line owned and operated
by the City; and
WHEREAS, in consideration for said partial abandonment of
the sewer easement, the City requires that Indemnitor
indemnify and hold harmless the City for any and all claims
that may arise from the abandonment;
NOW, THEREFORE, it is agreed by and between the parties
as follows:
1
•
1. Indemnification.
(a) Indemnitor shall defend, indemnify, and save
harmless the City of Atascadero, its officers, agents, and
employees, from any and all claims, demands, damages, costs,
expenses, liability, and attorneys' fees and costs arising out
of the above-referenced abandonment, including but not limited
to any negligent act or omission to act, or any wrongful act,
on the part of Indemnitor, or of agents, employees or
independent contractors directly responsible to Indemnitor,
which in any way causes damage to, interruption of, or
interference with the remaining sewer easement or the sewer
line owned and operated by the City of Atascadero.
(b) Indemnitor shall defend, indemnify, and save
harmless the City of Atascadero, its officers, agents, and
employees, from any and all claims, demands, damages, costs,
expenses, liability, and attorneys' fees and costs arising out
of the above-referenced abandonment, including but not limited
to any negligent act or omission to act, or any wrongful act,
on the part of Indemnitor, or of agents, employees or
independent contractors directly responsible to Indemnitor, or
for any act or omission arising out of the operation,
maintenance, or repair of the sewer line owned and operated by
the City of Atascadero which causes any damage to,
interference with, or settlement to the proposed building to
be constructed by Indemnitor as a part of the further
development of Century Plaza along the perimeter of the
remaining easement.
(c) The foregoing shall apply to any wrongful act or any
passively negligent act or omission to act, committed jointly
or concurrently by Indemnitor, Indemnitor's agents, employees
or independent contractors, and the City of Atascadero, its
agents, employees or independent contractors. Nothing
contained in the foregoing indemnity provisions shall be
construed to require Indemnitor to indemnify the City against
any responsibility or liability in contravention of Section
2782 of the Civil Code.
2. Right of Entry. City shall have the right of
reasonable entry onto the easement area, the partially
abandoned easement area, and the adjacent land of Indemnitor
during normal business hours for the purpose of operation,
repair, or maintenance of City's sewer line, and at any time
during an emergency.
3 . Binding on Successors in Interest. This Indemnity
Agreement shall run with the land described herein and shall
inure to the benefit of and be binding on all parties hereto
and on all heirs, assigns, or successors in interest.
2
4. Modification. This Agreement constitutes the entire
understanding of the parties hereto, and no changes, amend-
ments, or alterations shall be effective unless in writing and
signed by all the parties or their successors in interest.
5. Costs and Attorneys' Fees. In the event Indemnitor
or its successors in interest fail to indemnify City as
provided hereunder, Indemnitor and its successors in interest
agree to pay all costs and expenses incurred by City in
securing performance of such obligations, including costs of
suit and reasonable attorneys' fees.
6. Enforceability. If any term, covenant, condition,
or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions hereof shall remain in full force
and effect and shall in no way be affected, impaired, or
invalidated thereby.
7. Agreement to be Recorded. Indemnitor and City
intend and consent to the recordation of this Agreement in the
office of the County Recorder in the County of San Luis
Obispo.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
INDEMNITOR: EL CAMINO ASSOCIATES,
a California General
Partnership
By By
JAMES M. HARRISON, Kenneth Fryer,
Managing General Partner General Partner
By By
WILLIAM J. WATSON, JR. , Gaylen Little,
General Partner General Partner
3
f
• •
CITY: CITY OF ATASCADERO,
a Municipal Corporation
By
BONITA BORGESON, Mayor
ATTEST:
BOYD C. SHARITZ, City Clerk
APPROVED AS TO CONTENT:
,s
PAUL M. SENSIBAUGH,
Public Works Director
APPROVED AS TO FORM:
S
E G. 0 NSEN,
y t ne
JGJ: fr/12/29/88
C:AGATA680
4
ACKNOWLEDGMENTS
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO
On this day of , 19 , before me,
' a Notary Public, State of California,
duly commissioned and sworn, personally appeared BONITA
BORGESON, personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person who executed this
instrument as Mayor of the CITY OF ATASCADERO, a Municipal
Corporation of the State of California, and acknowledged to me
that said Municipal Corporation executed it.
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed my official seal on the day and year in this
certificate first above written.
Notary Public,
State of California
[Notary Seal]
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss.
On this day of 19 , before me,
, a Notary Public, State of California,
duly commissioned and sworn, personally appeared JAMES M.
HARRISON and WILLIAM J. WATSON, JR. , personally known to me
(or proved to me on the basis of satisfactory evidence) to be
the persons who executed this instrument as Managing General
Partner and General Partner, respectively, of EL CAMINO
ASSOCIATES, a California General Partnership, and acknowledged
to me that said General Partnership executed it.
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed my official seal on the day and year in this
certificate first above written.
Notary Public,
State of California
[Notary Seal]
5
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i MEETi AGENDA2- 1
DAT /I> ITEM/
MEMORANDUM
•
TO: City Council
VIA: Ray Windsor, City Manager
Henry Engen, Community Development Director 1-v$,
FROM: Steven L. DeCamp, Senior Planner
DATE: January 17, 1989
RE: Request for initiation of Zoning Ordinance Text Amendment
- Danish Care Center
SUBJECT:
The Danish Care Center has submitted a letter requesting an
amendment to the text of the Zoning Ordinance to increase the
density allowed at their facility on south El Camino Real from 36
beds/net acre to 60 beds/net acre. The applicant believes that
increasing demand for their services warrants such a change and
that the increased density can be adequately accommodated at
• their current location.
BACKGROUND:
Provisions for modification of the City' s Zoning Ordinance text
are contained in Section 9-1. 114. This section states that text
amendments may be initiated by:
" (1) The City Council or Planning Commission upon its own
motion ; or
(2) The City Council of Planning Commission upon acceptance
of a request from any interested party, including the
Planning Director. Requests shall be in writing and
shall include a description of the benefit to be
derived as a result of the text amendment. "
ANALYSIS:
Density standards for "group quarters" (skilled nursing and
residential care facilities) are contained within the Residential
Multiple Family density standards in Section 9-3. 175 of the
Zoning Ordinance. Allowable densities for group quarters are
based on "Persons/Net Acre" as opposed to "Dwelling Units/Net
• Acre" as is used to determine allowable densities for multiple
Il
family projects. Group quarters are allowed 22 persons per net
acre in the Low Density Multiple Family Residential Zones and up •
to 36 persons per net acre in the High Density Multiple Family
Residential Zones. These density standards were established in
1987 by Ordinance #149 (Zone Change 3-87) .
The density standards applied to group quarters are based, in
part, on the number of persons per acre anticipated with standard
multiple family developments. Some additional density is allowed
because of the reduced number of parking spaces required and
differences in site coverage occurring with group quarters. In
some cases, it may be appropriate to allow higher densities in
group homes than is currently permitted, if all other standards
can be met. It may also be appropriate to differentiate between
ambulatory and non-ambulatory populations in determining
allowable densities. Finally, it may be appropriate to provide
for consideration of modifications to the density standards
through a Conditional Use Permit.
Given the complex nature of the problems related to the location
and density of group quarters and other facilities, and the
obvious need to make provisions for an increasingly elderly
population, staff believes a review of the Zoning Ordinance' s
provisions for group quarters is appropriate.
RECOMMENDATION:
Staff recommends that the City Council initiate, for review and •
consideration, a Zoning Ordinance Text Amendment relative to the
residential density and development standards for group quarters.
cc: Wayne A. Evans, Care Center Consultants
Attachments: 1. December 22, 1988 letter from Care Center
Consultants (Danish Care Center, Inc. )
2. Zoning Ordinance Excerpt
2 •
• � ATTACHMENT ]`
CARE CENTER CONSULTANTS
Consulting and Management of Health Care Operations
SKILLED NURSING
FACILITIES
CABRILLO CARE December 22 , 1 9 8 8
CENTER,INC.
3033 Augusta Street
San Luis Obispo
California 93401
CANOGA CARE Mr . Steve DeCamp
CENTER, INC. The City of Atascadero
2029 Saticoy Street 6500 Palma DEC� 27119%11)8
Canoga Park
California 91304 Atascadero , CA 93422
�, ,j, „�, ,_.,�
COMMUNI.Ty UEVt�::r1,�C.
DANVILLE CARE Dear Mr . DeCamp :
CENTER, INC.
336 Diablo Rd. We are hereby requesting a change in the zoning
Danville
California 94526 text which will allow us to expand our skilled nursing
facility by 14 needed beds and 24 residential care beds .
DANISH CARE This will allow us to properly service the increased
CENTER,INC. community needs for long term care accommodations so
P.O.BOX 1749 that the residents in turn won 't have to go outside the
Atascadero community in which they live to obtain such services .
.California 93423
The need for such services is increasing on a
BALOWEN monthly basis and unless steps are taken immediately ,
CARE CENTER we foresee a crisis in the future . This is evidenced
16955 Vanowen Street
Van Nuys by numerous articles written in many magazines and
California 91406 newspapers today .
RESIDENTIAL The zoning text changes we are requesting is in
CARE line with other cities throughout the state .
FACILITIES
TAMARACK MANOR If you have any further questions , please contact
336 Diablo Rd. m e .
Danville
California 94526
Very truly yours ,
LAUREL CARE CARE CENTER CONSULTANTS
CENTER,INC.
700 Laurel Ave.
Oakdale
California 95361
by C Dc.} Com' •-a
Wayne A. Evans
2501 W. Shaw Ave., Suite 122, Fresno, CA 93711
(209) 226.2449
ADOPTED JUNE 27, 1984& ATTACHMENT 2
(h) Bed and Breakfast
(i) Skilled Nursing Facility (See Section 9-6. 134) ,
(j) The following uses where established in a residential
structure of historical importance:
(1) Broadcasting Studios
(2) Business Support Services
(3) Libraries and museums
(4) Offices
(5) Personal Services
(6) School-business and vocational
9-3.174. Lot Size: The minimum lot size in the Residential Mul-
tiple Family Zone shall be one-half acre. Smaller lot sizes may be
allowed for planned residential developments, including condominiums
and mobilehome developments, provided that the overall density within
the project conforms with Section 9-3.175 (Density) .
9-3. 175. Density: The maximum allowable density in the Residen-
tial Multiple Family Zone shall be designated on the Official Zoning
Maps as provided by Section 9-3.104 (c) and be established in accord-
ance with the General Plan as follows:
(a) Areas Designated Low Density Multiple Family Residential :
The maximum number of dwelling units per net acre is as
follows :
Number Of Dwelling
Bedrooms Units/Acre
1 10.0
2 7.5
3 5.0
4+ 3. 8
(b) Areas Designated High Density Multiple Family Residential :
The maximum number of dwelling units per net acre is as
follows :
Number Of Dwelling
Bedrooms Units/Acre
1 16
2 12
3 8
3-20
ADOPTED JUNE 27, 198-
(c) Hillside DensitX Standards : The maximum densities permitted
y Su sections a an above, shall be modified to the
following maximums based on site topography, as follows :
Average Low Density Multiple Family High Density Multiple Family
Slope 113R R 4BR+ IBR 2BR 3BR R+
0-10% 10 7.50 5 .0 3.80 16 12,0 8.0 6.0
11-15% 7 5.25 3.5 2.66 12 8.4 5. 6 4.2
16-20% 5 3. 75 2.5 1. 90 8 5. 6 3.7 2.8
21-25% 3 2. 75 1,5 1. 14 6 4,2 2.8 2. 1
26-30% 2 1.50 1.0 0. 75 4 2.8 1.8 1.4
31%+UP 1 0. 75 0.5 0.38 2 1.4 0.9 0. 7
(d) Group Quarters : The maximum population density for group
quarters shall be as follows :
Maximum Population
Density
Low Density Multiple 22 Persons/Net Acre
Family Residential
High Density Multiple 36 Persons/Net Acre
Family
(e) Sewer Service: Sewer service and the inclusion of property
within the urban services line (USL) shall be a prerequisite
to developing multiple family projects to the density stan-
dards of the RMF Zone. RMF-Zoned properties outside of the
Urban Standards Areas shall develop in accordance with the
standards of the RS Residential Suburban District.
(f) Density Bonus : A density bonus of up to 25% may be granted
through Conditional Use Permit approval in exchange for pro-
vision of affordable housing to low and moderate income per-
sons .
In lieu of granting a density bonus , the Planning Commission shall
consider other bonus incentives allowable under Government Code
Section 65915.
9-3. 176. Property Development Standards . In addition to the stand-
arUs specified in Chapter 4, General Site and Development Standards ,
the following standards shall apply g develo ment P pp y to Mobile Home and
Multiple Family Residential 1
projects :
(a) Percent Coverage. The maximum percent of a lot that may be
covered- by structures (excluding decks less than 30
inches
from the ground) shall be 40% for Low Density Multiple Fam-
ily projects and 50 for High Density Multiple Family pro-
jects .
(b) Enclosed Storage. Each dwelling unit shall be provided a
minimum of 100 square feet of enclosed storage space, exclu-
sive of closets , which may be located in either a principal
or accessory building.
3-21
r i *MEETs
o" Z41 +TEM#°".,
COUNCIL AGENDA ITEM FOR MEETING OF JANUARY 10, 1989
MEMORANDUM
TO: City Manager Ray Windsor and City Council Members
FROM: Paula Anton, Recreation Specialist
SUBJECT: Bicycle Race-"Criterium" May 7, 1989 (See Attached
Letter/Request From Ed Goshorn, Race Director and Paula Anton,
Race Promoter )
DATE: January 3, 1989
RECOMMENDATION:
Staff recommends that council approve the permit for the above
function and to allow the departmental budget line items to cover
the city costs.
BACKGROUND:
By motion, permit City of Atascadero Parks and Recreation
• Department to hold a "criterium" bicycle race around the Sunken
Gardens and Lewis Avenue on May 7, 1989 from 7:30 am until 4:00
pm. Also , permit City staff to close the appropriate streets to
include the proposed circuit of East Mall , E1 Camino Real , West
Mall , Palma, Entrada, Lewis Ave. , to East Mall and to post "No
Parking" signs.
NOTE: Council motion should be contingent upon:
1 . City of Atascadero to pay overtime costs of required
Traffic Control Police Officers (approximately $800.00) and
Public Works personnel (approximately $400.00) .
2. North County Cycling Club will provide liability
insurance through United States Cycling Federation (USCF) , also
include the City of Atascadero an Cal Trans as additional names
insured.
3. Atascadero Recreation Department will obtain required
permits from Cal Trans well in advance of the event .
DISCUSSION:
Members of the North County Cycling Club, the Atascadero
Recreation Department , and GS San Luis Bicycle Club along with
the Chamber of Commerce Executive Manager , Maggie Rice, are
enthusiastic about the prospect of such a race which is
anticipated to attract as many as five hundred participants. The
• NCCC cannot hold the criterium this year without additional
involvement from the city and local businesses due to a lack of
manpower .
0 �
•
The First Annual Atascadero Criterium was a great success last
year . Overall , the event was easy to manage from a law
enforcement perspective inasmuch as it was conducted in a
relatively small , centralized area. Also, the Club had an
adequate number of volunteers on hand and the race was properly
supervised.
FISCAL ANALYSIS:
The approximate costs are $800.00 for police department and
$400.00 for Public Works personnel .
Options to cover are:
a. Council contingency fund
b. Developmental fees fund
C. Line item budget costs
The Atascadero Chamber of Commerce heartily endorses the
public events such as a criterium. It is exactly the type of
event we should encourage in our city. It will attract family •
groups from all over the st ate for competition. Another plus is
that it is a great spectator sport for local residents. We will
be lending our support to this event and encourage the City of
Atascadero to do the same. Maggie Rice
•
ATASCADERO PARKS AND RECREATION DEPARTMENT, NORTH COUNTY CYCLING
CLUB AND GS SAN LUIS CYCLING CLUB
PRESENTS
THE SECOND ANNUAL ATASCADERO CRITERIUM
SUNDAY, MAY 7, 1989
CLASS LAPS/MILES PLACES PRIZES FEES START TIME
women/cat4 /20 3 $200 $8 7:30am
men/Junior /20 6 $200 $8 8:30am
women/cat 3,2, 1 /25 6 $300 $8 9:30am
men/master /25 6 $200 $8 10:30am
cat 4 /25 6 $300 $B 12:00
cat 3 /25 6 $600 $9 1 :00pm
cat 1 & 2 /32 10 $1000 $10 2:30pm
*Minimum cash and prizes $2800. Lots of premes
**Includes USCF Insurance and CCCA surcharge.
ENTRIES: All riders should pre-register by Monday, May 1 , 1989.
Entries received after that will pay an additional $3.
Unattached riders pay an additional $4 fee. Riders under the age
of 18 must have a signature of parent or guardian on release
form. Make checks payable to: City of Atascadero
6500 Palma Ave.
Atascadero, Ca. 93422
Phone: (805) 466-8000 ext. 123
REGISTRATION: All riders must sign in either Saturday at NCSS,
8710 E1 Camino Real , Atascadero , between 9:30 am to 5:00 pm, or
at the race site from 6:00 am to 1/2 hour before start of their
race, USCF License required. No copies.
RULES: All USCF rules will apply. Please show courtesy to local
residents. All bicycles will be inspected.
COURSE: The course is slightly altered from last year, from .5
mile per lap to .7 mile per lap and one left hand turn has been
added to the course. Location is in the center of town around
Sunken Gardens, City Hall , E1 Camino Real , Entrada, Lewis Ave. ,
and East Mall .
FIELD LIMIT: A limit of 80 riders per race. Pre-registration by
mail or in person is advisable.
DIRECTIONS: Approach Atascadero on Highway 101 from north or
south . Turn east on Traffic Way, three blocks then right to
parking .
ACCOMMODATIONS: Six motels are available in Atascadero. Contact
the Chamber of Commerce: 6550 E1 Camino Real
Atascadero, Ca.93422
(805) 466-2044
INSURANCE: The NCCC will provide insurance through USCF for each
licensed rider , sponsors, and the clubs. The City of Atascadero
and State of California will be named as additional insured on
the policy.
BENEFITS: a. A public interest event in May will help to focus
local interest on Atascadero.
b. It will bring 300 to 500 riders and their families
from throughout the state of California. Many of
the local motel rooms will be utilized.
C. All local news media; radio , TV, and newspapers
will be utilized in advertising this event .
Spectators should number in the hundreds so local
food service businesses will benefit.
d . Local businesses will have the opportunity to
receive beneficial advertisement through a variety
of sponsorship supports.
FUTURE: The Chamber of Commerce and the Atascadero Recreation
Department are looking forward to the Atascadero Criterium
becoming an annual event.
3. THE REQUEST:
Whereas the Atascadero Chamber of Commerce has requested an
Annual Atascadero Criterium and whereas the Atascadero Recreation
Department will sponsor the event , along with NCCC and GS San
Luis.
Whereas the Atascadero Police Department have shown initial
support for the organization of a USCF sanctioned bicycle race,
and whereas the U.S. Cycling Federation will provide liability
insurance.
The Atascadero Recreation Department REQUESTS the approval by the
Atascadero City Council for he Second Annual Atascadero Criterium
to be held around "Sunken Gardens/City Hall " on May 7, 1989.
•
NORTH COUNTY CYCLING CLUB
3518 E1 Camino Real #118
Atascadero, Ca. 93422
January 3, 1989
FROM: Paula Anton, Race Promoter and Ed Goshorn, Race Director
TO: Atascadero City Council
ENCL: Race Announcement
SUBJECT: USCF Sanctioned Professional Bike Race in Atascadero
1 . BACKGROUND (SEE COUNCIL MINUTES 4/12/88)
The sport of bicycling has grown phenomenally in the U.S. in
recent years. The North County Cycling Club sponsored by the
North County Schwinn Shop was formed in the summer of 1987 to
promote recreational riding , amateur racing and professional
racing . The club supports a junior (ages 13-18) race team of
Atascadero youths and local Triathletes. On May 22, 1988 the
NCCC as an affiliate of the U.S. Cycling Federation held the
First Annual Atascadero Criterium. This year, members of the
Chamber of Commerce and the Atascadero Recreation Department have
requested that such an event be held again in Atascadero. Maggie
Rice will provide Chamber support . The Recreation Department has
• approved plans for the event around the "Sunken Gardens" and has
reserved May 7, 1989 on the facility reservation calendar. NCCC
and GS San Luis Bicycling Club will provide manpower and
professional assistance.
2. THE BICYCLE RACE:
TYPE OF RACE: Criterium; up to 80 riders per category will race
around the course 40 to 70 times. Prizes are awarded to lap
leaders and to the top 6 to 10 finishers per category. Such a
race in SLO draws famous teams and thousands of spectators. We
hope to do as well someday.
LOCATION: A circuit to include East Mall to El Camino Real to
West Mall , left on Palma, right on Lewis Ave to East Mall .
DATE/TIME: Sunday, Y Ma 7, 1989. 7:30 AM to 4:00 PM
PARTICIPANTS: Race is open only to USCF licensed ( and insured )
riders, male and female, ages 13 and up , who pay registration
fees to cover insurance and prizes.
PUBLIC SAFETY: The NCCC and GS San Luis Bicycle Clubs provide
necessary personnel to ensure safe operation of the race. The
clubs will assist Atascadero Recreation Department, the Police
Department , Public Works, and Cal Trans to provide road closure,
barricades and security. Volunteers will man the circumference
of the course for crowd control .
i •
r
MEMORANDUM
To: Paula Anton, Recreation Specialist
From: Paul M. Sensibaugh, Director of Public Works/City Engineer
2*s
Subject : Bike fface—Sunken Gardens "Criterium"
Date : December 28, 1988
Public Works conceptually supports the above race and did not
experience any problems with last year's event. Subject to unknown
emergencies adequate barricades will be provided on the same basis
as last year. Caltrans must again be contacted as the critical
section of highway to be closed is that section on E1 Camino Real
from Century Plaza to Jack—In—The—Box.
It should be understood that there are no monies appropiated in
the Public Works budget to cover the anticipated costs described in
your draft memo to Council .
NOTE: Chief McHale and I discussed this event , and he concurs that it is
a worthwhile activity and further, the department is prepared to
furnish law enforcement service as offered at the last Criterium.
PAULA ANTON
•
M£E'Tt G' �� AGENDA
DAT 7 -`2/, : ITEM! `
• MEMORANDUM
To : Honorable Mayor and City Council
Through: Ray Windsor, City Manager
From: Paul M. Sensibaugh, Director of Public Works/City Engineer
Subject : SeptiFailure-Carrick, 5201 Juarez-Request for Relief
Date : January 4, 1989
E 1,
Recommendation: �'d
Staff recommends that Council approve a waiver for the above
property until sewer service becomes available, at which time the
property must comply with the City Code for connection requirements .
Background:
The above request is an urgency matter as the septic system on
• this property has failed. The property is on the perimeter of
Assessment District No . 1 but the sewer is only "available" if an
easement is obtained through developed property, the main sewer line
is extended which would involve a mainline lift station or if a MM
(Mickey Mouse) private lift station was allowed within the right-of-
way across other frontage . The owner would like to construct an
engineered septic system as a stop gap measure for his problem.
Discussion:
Section 7-13. 003 of Ordinance 181 , the Wastewater Division
code, allows for relief under special circumstances . This appears
to be an appropriate option at this time . In the future a broader
area around Alamo and Barrenda will probably form an assessment
district that will invlolve a city-maintained lift station. At that
time the subject property should be given two years to connect to
the public sewer as stipulated by the above code . It is unclear why
the County included this property into the original district, but it
is assumed that they perceived an easement connection or that a
single owner of several properties included this in the district to
"save a spot" in the old treatment plant.
Fiscal Impact :
There is no cost to the public sewer system under this option.
•
II
CUES?A ENGINEERING
7401-B EI Camino Real/ P.O. Box 2066
Atascadero, California 93423 •
(805)466-6827
January 5, 1989
City Council
City of Atascadero
6500 Palma
Atascadero, CA 93422
Subject: Application For Relief
Section 7-13.003 Ordinance No. 181
Wastewater Division
Kenneth Carrick 5201 Juarez St.
Dear Council Members:
I, John Falkenstien of Cuesta Engineering, representative of Kenneth
Carrick, hereby request relief of the subject section of the Municipal
Code and permission to apply for a permit to replace an existing failed
septic leach field with a new leach field on his property within the •
boundaries of the sewer district.
This request is made due to the fact that Mr. Carrick's property has
no direct access to any public sewer main. The nearest sewer main is
located in Barrenda Avenue approximately 160 feet east of Mr. Carrick's
property. The grade of Barrenda Avenue drops from the point of the sewer
terminus continuing northerly towards Mr. Carrick's property. Therefore,
gravity extension of the public sewer in Barrenda Avenue is not feasible.
Mr. Carrick has had problems with his septic system for sometime. He has
persued alternatives for connection to the sewer without success. He is
unable to obtain an easement through adjoining properties for extension
of a private sewer lateral to his property. It is unclear why his property
is included within the sewer district boundaries. All property to the
west of Mr. Carrick's is not included.
Thank you for your consideration.
Sincerely,
John Falkenstien
R.C.E. 33760
Exp. 6/30/90 •
JF:pd
88-174
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•
M E M O R A N D U M
TO: City Council January 10, 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director 4'E'
SUBJECT: REQUEST FOR JOINT SPECIAL MEETINGS WITH CITY COUNCIL/
PLANNING COMMISSION AND UPDATE ON THE STATUS OF
VARIOUS SPECIAL STUDIES
BACKGROUND:
As follow-up to actions taken by the City Council and Planning
Commission in December, 1988, we need to set up at least two
joint study meetings of the Planning Commission and City Council
to consider the following:
1 . General Plan Update - to complete the agenda last discussed
on December 14, 1988. This has been confirmed to be Tues-
day, January 17th at 7 :30 p.m. in the Rotunda Room.
2 . Tree Ordinance Revisions - advertised joint study meetings
on proposed revisions to the Tree Ordinance. Candidate
times would include Wednesday, January 18th; Thursday,
January 19th; Wednesday, January 25th; Thursday, January
26th; or Tuesday, January 31st.
SPECIAL STUDIES STATUS REPORT:
The following provides a mid-year update on the status of various
special studies assigned to the Community Development Department:
1 . General Plan Update:
A series of joint City Council study meetings to provide
policy direction to staff for drafting an updated General
Plan have been held. Matters remaining to be reviewed
include:
- Circulation Element
- Parks and Recreation Element
- Other (civic center, appearance standards, etc. )
- Implementation
Our contract planner has left for a full-time position and
• we have not hired a person to replace Eric Porter pending
completion of policy review and direction by Council . Our
plan is to retain a graphics person with staff doing the re-
write. As reviewed to date in the joint meetings, we do
not see any dramatic changes in single family standards or
-2-
•
designations; we are to look at other alternatives to the
multi-family land use designations; and we will be seeking
to strengthen the commercial/industrial designations by
consciously promoting "nodes" at designated spots along E1
Camino Real and tightening up uses allowed in various areas
to encourage compatibility.
2 . Downtown Plan Request for Proposals :
We are completing research on appropriate formats for
soliciting proposals to prepare a plan for revitalization of
the downtown area. We plan to route this to the City
Council before the January 24th meeting.
3 . Downtown Zoning Amendment:
Staff has met with the B.I .A. to review direction for pro-
viding a discreet downtown commercial district with
specific uses appropriate to the District and an in-lieu
parking program to encourage development downtown.
4 . Williams Brothers Environmental Impact Report:
A consultant has been selected and the app icant notified of
the necessity to deposit a check in the amount of $32,692
with the City no later than January 25th, 1989 in order for
their general plan/zoning application to be kept alive.
Given deposit of these funds, there will be considerable •
work involved in working with the consultants to prepare an
E.I.R. acceptable to the City leading to the formal hearing
and response process under the California Environmental
Quality Act.
5 . Tree Ordinance Revisions :
The Planning Commission held their public hearing on
December 20, 1988 on the Tree Committee' s proposed revi-
sions to the Tree Ordinance. Action of the City Council on
October 25, 1988 was to call for a joint advertised study
session between the two bodies prior to the Council ' s acting
on any recommendations . This is one of the matters being
requested for scheduling this January.
6 . Lot Size Factors - Zoning Amendment :
The Planning Commission, at their meeting of November 15th,
1988 initiated a proposed change to the Zoning Ordinance to
clarify criteria for determining minimum lot size to call
for a more stringent interpretation.
7 . Appearance Review Report:
Staff has been directed to provide a six month update on the
effectiveness of the current Appearance Review process by
January, 1989 .
•
0 -3- 0
8. Community P g Development Block Grant Program - 1989 :
We have een in contact with the State relative for
potential funding assistance for downtown planning and/or
revitalization. We are supposed to receive information
packets in January or February for analysis and
recommendations to the City Manager.
9 . Fee Schedule Re-analysis :
As part o ast year' s budget review, it was suggested that
staff should, in a timely way, re-evaluate the fees being
charged for various entitlements within the City. We have
requested current fee schedules from other communities
including the yet to be released comprehensive analysis of
fees being charged by the City of San Luis Obispo.
10. Routes-to-School Plan:
A tentative plan has been developed and reviewed with the
Traffic Committee and briefly with the City-School Commit-
tee. our intent is to review this further with the various
individual P.T.A.s and incorporate recommendations within
the General Plan update with more detailed standards
approved by resolution of the City Council.
11 . City-wide Sign Enforcement Program:
Inventory as in icate in t e attached memorandum of Septem-
ber 14, 1988 has been completed for E1 Camino Real and
notices are going out in a systematic way to all parties
identified as being in violation of the Sign ordinance with
emphasis on banner signs, sandwich signs, and display of
materials in the right-of-way.
12 . Nuisance Abatement Program:
The Council as been contacted by staff as to which sites
individual members have received the most complaints on.
Priority for enforcement would follow the Sign Enforcement
Program. We are, of course, pursuing enforcement of various
nuisances on a complaint basis .
13 . Flood Management Ordinance:
Federa Emergency Management Agency has mandated that we
make modifications to provisions of our zoning ordinance as
it relates to flood management. A draft has been reviewed
by FEMA and comments received for changes, and concurrent
review is under way by the Building Division, Planning
Division and Public Works Department.
14 . San Benito Road Ownership:
Following considerable effort, we are in possession of a
quit claim deed of the former San Benito Road right-of-way
adjoining Highway 101 . We are soliciting appraisals to
establish the value of this property prior to bringing the
matter of abandonment and disposition of the property back
to the City Council .
• -4-
15 . Road Improvement Standards :
Planning staff has been working with Public Works to develop
a comprehensive set of formal Council-adopted road
standards .
16 . Sign Ordinance Review:
Although not formally on our list of Council-initiated
studies, there have been requests to re-evaluate the City' s
sign Ordinance, particularly with respect to downtown
signage. The latter is proposed to be dealt with as part of
the downtown zoning amendment and could dovetail with the
pending master plan.
17 . Southern Pacific Railroad Zone Map Change:
The City Council initiated a change to the Zoning Ordinance
relative to lands being acquired by the County from the
railroad for equestrian access to the golf course.
18 . Off-sale Liquor Zone Text Change:
The City Council initiated a change to the Zoning Ordinance
text to provide for a conditional use permit review process
for off-site sale of liquor.
There are more projects in this list than can be completed in the
remaining six months of this fiscal year. Priorities heretofore
have been established either by the turn-around time schedule for
private applications contained in the budget or cases where City
Council gives specific direction for a deadline to bring matters
back. It would be desireable at some future date to review the
status of special projects to prioritize as the Council deems
fit.
RECOMMENDATION:
Following discussion, City Council establish a date for a joint
meeting with the Planning Commission to review the Tree
Ordinance.
HE :ps
Enclosures : Sign Ordinance Memorandum Dated 11/14/88 ad 12/8/88
MEMORANDUM
TO: Ray Windsor, City Manager
/Henry Engen, Community Development Director
FROM: Steven L. DeCamp, Senior Planner
DATE: December 8, 1988
RE: Sign Enforcement Status Report
Staff is currently preparing an inventory of existing signs in
the Commercial and Industrial zones along E1 Camino Real Morro
Road, Traffic Way, and in the downtown area. Because of the
number of violations present, the inventory is being phased to
coincide with our enforcementriorities. Initial emphasis is
P P
therefore, being directed toward banner signs, sandwich board
signs, off-premises signs, and merchandise used for advertising
in the public right-of-way.
It is our intention to begin notifying property owners and sign
owners of documented, violations after the first of January. As
we discussed, institution of a major enforcement campaign during
the holiday season may be counterproductive. This approach will
not, however, preclude normal enforcement activities as may be
necessary.
Concurrent with the inventory, staff is preparing a simplified
informational folder relative to the City' s sign regulations.
This folder will be distributed with Business License application
forms and will also be available at the Department' s counter.
cc: Jon Ecklund
MEMORANDUM
To: Ray Windsor, City Manager
Via:, kP Steve Decamp, Code Enforcement Officer
From: Jon Ecklund, Assistant Planner -41
Date: November 14, 1988
Re: Sign Enforcement Program
As the result of an expressed need to develop a comprehensive
sign enforcement program, the following is a recommendation of
how the program should be carried out. It is important that the
Program be carried out in a systematic fashion in order to
minimize the prospect of being accused of selective enforcement.
The program will be divided into two separate phases. The initial
phase will begin with a windshield survey of all Commercial and
ine and document the
Industrial Zoned areas of the City to determ
number and types of violations that actually exist. This will be
followed by formal notification to the owner that a violation of
the Municipal Code exists on property under their control. The
initial notification will be done by mail. In my opinion,
written notification is preferable to direct contact for this
type of an enforcement program. This approach gives the
violators a chance to discuss the situation after some thought.
Phase I - This will consist of the site survey. The survey
;7 cument photographically the t
sign, portable sign, sign erected withoutfa Aeration (banner
m
address and the name of the business displaying the sign)will .
also be noted. Obstructions of the Public Right-of-Way
(merchandise offered for sale which is located in the sidewalk
area) will also be photographed and documented. The Code defines
these obstructions as signs. The prime purpose for it being
located in the sidewalk is to attract attention to the business
and advertise merchandise that is for sale.
It
that this phase of the program will take between110ato115pated working
days depending on the number of violations observed.
During the survey portion of the program, it is proposed that we
notify the Chamber of Commerce, the Business Improvement
Association, and the Atascadero News of our intended enforcement
program. This will allow business owners an opportunity for
voluntary compliance.
Phase II - This will be the formal notification portion of the
program. The field data and photographs will be analyzed with
the specific violation of the Municipal Code noted. We are
anticipating assigning a priority code to the violations and
enforcement will be pursued on the basis of this priority code.
.PRIORITY
1) Signs that obstruct the sidewalks and pedestrian ways
(Sandwich Board Signs, Portable Signs, Signs on vehicles
used for the express purpose of directing attention to
the business) .
2) Banner Signs, signs erected without a permit, prohibited
signs (Roof Signs, Blimp Signs, Flashing Signs, Animated
Signs, etc. ) .
3) Merchandise displayed on the sidewalk
The attached letters will be sent to the owners of signs which
are in violation of the Code. I am proposing that we give the
owner 10 days to remove the sign. A second site inspection will
be conducted after the 10 day period. If the sign has not been
removed, a "Final Notification Prior to Citation" letter will be
sent giving the owner an additional 5 days to remove the sign or
a citation will be issued. The City Attorney will then take the
violation through the Court System.
An option to the citation procedure would be to declare each
violation a Public Nuisance. Although the Nuisance Abatement
procedure is more time consuming, it might prove to be more
economical in the long run. Pursuing the Nuisance Abatement
procedure would allow the City to recover all of the funds
expended (including staff time) in correcting each individual
violation. The Council may wish to pursue this course as a
priority use of the funds budgeted for Nuisance Abatement this
FY.
A decision regarding the most appropriate course of action for
enforcement (citation vs. nuisance abatement) should be made
after completion of the inventory. At that point we should have
a better sense of the financial implications of the two
approaches as they apply to the types of violations present.
I would anticipate that about 85% to 90% of the sign violations
will be corrected without issuing a citation. In my opinion,
however, after the first violation letter is sent we MUST
aggressively pursue the follow-up letter and citation if the
program is to be effective.
cc: Henry Engen, Community Development Director
• Jeffrey G. Jorgensen, City Attorney
City Council
Planning Commission
Subject: Sign Ordinance Violation
Dear Sir,
As a result of complaints received by the City relative to
violations of the Atascadero Sign Ordinance, a survey of all
Commercial and Industrial signing was recently completed.
Your property was found to have the following violation(s) :
1) A portable sign is located in front of your business.
Portable signs are not allowed under the Ordinance.
The following general rules apply to all signing in this City:
1) Signs are regulated in the City of Atascadero by Section 9-
4. 130 of the Municipal Code (Sign Ordinance) ;
2) Sign Permits are required for all signs unless specifically
exempted by Section 9-4. 132 (b) ;
3) BANNER SIGNS are only allowed for Temporary Sales or
Temporary Events when they comply with Section 9-6.174 and
9-6.177 of the Atascadero Municipal Code.
The Community Development Department will be actively enforcing
the provisions of the Sign Ordinance. This notification is being
given to you to solicit your voluntary cooperation and compliance
with the Municipal Code.
We have enclosed a copy of the City' s Sign Ordinance for your use
and information.
We have scheduled a reinspection of your property for
. If the sign which is in violation of the Ordinance
has not been removed at that time, you may be cited for violation
for one or more Sections of the Municipal Code.
Should you have any further questions about Signs, please call
me at 466-8000 (Ext. 145) .
Sincerely
0
d
forcement Section _
C unity Development Department
•
CERTIFIED MAIL
Subject: Final Notice Prior to Citation
Dear Sir,
On you were notified that your property located at
is in violation of Section 9-4.132 (b) of the
Atascadero Municipal Code (Sign Ordinance) .
In order to correct this .violation it will be necessary to take
the following action immediately:
Remove the portable sign that is located in front of your
business.
A re-inspection of your property has been scheduled for
. If the violation is not corrected by that date,
you will be cited for violation of Section 9-4. 132 (b) of the
Atascadero Municipal Code. Violations of the Municipal Code are
misdemeanors and carry a maximum fine of $1,000 and/or 6 months
in jail.
Please notify this office if the violation is removed prior to
the reinspection date noted above. If you have any questions
please call me at 466-8000 Ext. 145.
Sincerel
0 D
nd
nforcement Section
unity Development Department
cc: City Attorney
City Manager
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