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HomeMy WebLinkAboutAgenda Packet 02/09/1988 WlTi NOTE : THERE WILL BE A CLOSED COUNCIL SESSION AT 6 :30 P.M. IN THE ADMINISTRATION BUILDING FOURTH FLOOR CLUB ROOM REGARDING PERSONNEL MATTERS. AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING FOURTH FLOORS ROTUNDA .ROOM FEBRUARY 9, 1988 7:30 P. M.' RULES OF PUBLIC PARTICIPATION * Members of the audience may speak on any item on the agenda. * A person may speak for five ( 5 ) minutes . * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question any speaker; the speaker may respond; but after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comment COMMITTEE REPORTS (The following represents Ad Hoc or Standing Committees . Informative status reports will be given, as felt necessary. ) 1 . City/School Committee 6. Equal Opportunity Commission 2 . North Coastal Transit 7 . Police Facility Committee- 3 . San Luis Obispo Area 8 . Atascadero Lake Acquisition Coordinating Council Committee 4 . Traffic Committee 9 . Tree Committee 5 . Solid/Hazardous Waste 10 . Bicentennial Committee Management Committee 11 . Pavilion Committee (Approximate Time - 30 Minutes ) 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 City staff . * Any person desiring to submit written statements may do so by forwarding to Council, prior to the Council Meeting, nine ( 9) copies to the City Clerk by 5 : 00 p.m. on the Wednesday preceding the Council Meeting. • A. CONSENT CALENDAR All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items . A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar. 1 . Approval of January 26 , 1988 Council Minutes 2 . Approval of Time Extension for Tentative Parcel Map 11-85 7150 Serena - Kennedy/Stewart 3 . Approval to Surplus Miscellaneous City Vehicles : A. Resolution 23-88 - Declaring the following Vehicles as Surplus : 1961 Van Pelt Fire Truck 1979 Dodge 16 Passenger Van 1981 Chevrolet 16 Passenger Van 1980 Ford LTD (blue) 1980 Ford LTD (blue/white) 1985 Ford LTD (blue/white) (wrecked) 1981 Chevy Impala Station Wagon B. Authorize Sealed Bid Procedure for Disposal of Above Referenced Vehicles ! � 4 . Approval of Resolution 17-88 - Designation of a Stop Sign Intersection on Los Gatos Avenue at the Westbound Intersection with Flores Avenue 5 . Approval of Resolution 18-88 --Designation of a Stop Intersection on La Paz Lane at Atascadero Avenue 6 . Approval of Resolution 20-88 - Designation of a No Parking Zone on the Southerly Side of Santa Lucia Road, directly across from the Catholic Church, the entire length of Lot 24 , Block HB 7 . Approval of Resolution 14-88 - Calling and Giving Notice of Holding the June 7 , 1988 General Municipal Election 8 . Approval of Resolution 15-88 - Requesting the County Board of Supervisors to Consolidate the June 7, 1988 General Municipal Election with the Statewide Primary B. HEARINGS/APPEARANCES/REPORTS (Approximate Time 20 Minutes) 1 . Comprehensive Rewrite of City Building Codes : A. Public Hearing B. Ordinance 166 - Amendment of Building Regulations to the Atascadero Municipal Code, and Adopting, by Reference, the Uniform Administrative Code, 1985 Edition (FIRST READING) (Approximate Time - 15 Minutes) 2 . U. S . Postal Service —Status Report on Postal Service Compliance with City Development Requirements C. UNFINISHED BUSINESS (Approximate Time - 5 Minutes) 1 . Ordinance 163 - Revised Subdivision Ordinance (SECOND AND FINAL READING) (Cont ' d from 1/12 & 1/26/88) (Approximate Time - 5 Minutes) • 2 . Zone Change 14-87 - 11250/11350 E1 Camino Real - Frederick A. Ordinance 164 - Amendment to the City Zoning Maps from Residential Suburban to Neighborhood Commercial (CN (FH) ( SECOND AND FINAL READING) (Cont' d from 1/26/88 ) (Approximate Time 5 Minutes) 3 . Zone Change 16-87 - East of Sombrilla and West of Valle Ave - City of Atascadero Initiated A. Ordinance 165 - Amendment to the City Zoning Maps from RSF-X (High Density Single Family) ( 20, 000 Square Feet with Sewer) to RSF-Y (Moderate Density Single Family) ( 1 . 0 Acre with Sewer) (SECOND AND FINAL READING) (Cont' d from 1/26/88) (Approximate Time 15 Minutes) 4 . Authorization to Accept Proposal by Becker and Bell Consultants .to Conduct a City Manager Recruitment (Approximate Time - 30 Minutes) 5 . Atascadero Lake Park Ranger House. Needs Feasibility Study (Cont' d from 11/24/87 & 1/26/88) D. NEW BUSINESS (Approximate Time - 10 Minutes) 1 . Resolution 16-88 - Increasing the Speed Limit on El Camino Real in the Southbound Lanes, Between San Jacinto and Rosario Avenues (Approximate Time - 10 Minutes) 2 . Resolution 22-88 Proposed Acceptance of Corriente Road into the City of Atascadero' s Maintained Street System - Davis (Approximate Time 15 Minutes) 3 . Resolution 19-88 - Designation of a Stop Intersection on Atascadero Avenue at Santa Ynez Avenue (Approximate Time - 15 Minutes) 4 . Administrative Services Director Recruitment: A. Authorization to Utilize the Services of Public Skills (League of California Cities) for an Interim Administrative Services Director B. Authorization to Begin Recruitment Process for an Administrative Services Director • E . ATASCADERO COUNTY SANITATION DISTRICT (Council will recess and convene as the Atascadero County Sanitation District Board of Directors) (Approximate Time - 5 Minutes) 1 . Proposed Sewer Annexation into Improvement District ##1 - Mac Corkle A. Public Hearing B. Resolution 21-88 - Extension of PUblic Sewer Service to Lot 25 , Block YB (Larga Avenue) and Incorporation of the Location into the Boundaries of Improvement District Number 1 F INDIVIDUAL DETERMINATION 1 . City Council : Request for Special General Plan Amendment hearing for Oak Tree Plaza (San Anselmo and Highway 101 ) - Norris 2 City Attorney: Beno' s Report 3 . City Clerk 4 . City Treasurer 5 . City Manager 6M...'No AGENDA ITEM ATASCADERO CITY COUNCIL MINUTES JANUARY 26, 1988 The regular meeting of the Atascadero City Council was called to order at 7:30 p.m. , followed by the Pledge of Allegiance. ROLL CALL: Present : Councilmembers Borgeson, Bourbeau, Mackey and Mayor Norris Absent : Councilman Handshy (Flight delay) Staff Present : Mike Shelton, City Mgr . ; Henry Engen, Commun. Dev. Dir ; Paul Sensibaugh , Pub . Wks. Dir . ; Bud McHale, Police Chief; Bob Best , Parks & Rec . Dir . ; Jeff Jorgensen, City Atty. ; Boyd Sharitz , City Clerk ; Cindy Wilkins, Dep . City Clerk COUNCIL COMMENTS Councilwoman Mackey requested citizen volunteers to assist with the landscaping on the San Diego Way offramp beautification project . Mayor Norris thanked staff for opening their offices and explaining their functions to a group of home-schooled Atascadero children who toured the City offices yesterday. Mayor Norris noted receipt of correspondence from several citizens expressing interest in possible establishment of a skateboard park in Atascadero ; she requested study and future discussion of the subject . Councilwoman Borgeson read a brief statement regarding the possible formation of a citizen ' s advisory committee and expressing the potential advantages. She requested Council ' s conceptual approval of such a committee. After some discussion, Council consensus was to discuss this issue further as a future agenda item with an accompanying staff report outlining suggested committee formation, guidelines and timeframes for committee assignments. • Councilwoman Borgeson requested conceptual approval by Council for discussion at the next regular meeting of possible formation . of an Architectural Review Board , feeling such a board might shorten the review time of construction projects and free staff to work on other matters. It was noted that an appraisal report is due in May from Mr . Engen, Commun. Devel . Dir . , on the effect of the Appearance Review Guidelines over the past year . Mayor Norris expressed her feeling that the public should be involved in the selection of the Mayor through the election process, and she invited public comment on the subject . Public Comment Joe Grisanti spoke in favor of an elected mayor . Terrill Graham expressed he feels that a danger exists in having a directly elected mayor due to the possible anonymity of potential candidates and that the City should become developed for a longer period of time before implementing a change from Council/Manager to Mayorial form of government . George Highland feels it would be difficult to make a decision at this time because he hasn ' t seen any well thought-out discussion of advantages/disadvantages. Mayor Norris requested this discussion be taken up at a future Council meeting. It was noted that- it is doubtful that Council could place a ballot measure regarding the question of elected mayor on the June ballot , due to advertising deadlines required and due to the fact that further review of the subject is necessary before Council determination. COMMITTEE REPORTS City/School Committee - Councilman Bourbeau noted Council will meet with the School Board in a special open meeting on Feb . 4th at 6:30 p .m. , AHS Library to discuss , primarily, the location of the bridge across Atas. Creek . North Coastal Transit - nothing to report SLO Area Coordinating Council - nothing to report (will be meeting tomorrow) Traffic Committee - Councilwoman Mackey reported this committee met last week and toured Atascadero as a group . The committee meets again tomorrow at 3: 15 p .m. and will be making motions relating to what they observed . Solid Waste Mgmt. Committee - nothing to report Equal Opportunity Commission - nothing to report Police Facility Committee - APD Chief McHale noted that a purchase agreement for the Deno ' s facility has been been drafted by the City Atty . and is currently being reviewed by staff in -2- effort to present to Council for consideration at their Feb . 9th regular meeting . Atas. Lake Acquisition Committee - nothing to report Tree Committee - Councilwoman Mackey reported that , at its last meeting , the Planning Commission reviewed the newly-revised tree ordinance and , despite unanimous public support expressed , had several misgivings and referred the item to a study session on Thurs. , Jan. 28th at 7:00 p .m. in Room 304 of the Admin. Bldg . Bicentennial Committee - Councilwoman Mackey invited any interested member of the public who may be in Los Angeles on Jan. 30th , and who may wish to attend the scheduled Bicentennial Leadership Project workshops being co-sponsored by the L.A. Bicentennial Commission, to contact her , saying the City may pay for their entrance to the meeting . (see Minutes of 1/12 for relative info . ) Pavilion Committee - nothing to report COMMUNITY FORUM Joe Knyal , resident , expressed that some of Councilman Handshy ' s comments relating to the APD facility at the Council ' s last meeting were out of order , and he expressed further dissent regarding Mr . Handshy ' s conduct as a member of Council ; Mayor Norris reminded Mr . Knyal of the Rules of Public Participation, noting that Mr . Handshy isn' t present to respond . Terrill Graham, resident , noted a past letter he addressed to the Mayor regarding citizens ' rights at Council meetings , asking on what basis Mr . Knyal is being prohibited from making his comments; Mr . Jorgensen, City Atty. , responded that the Mayor has the inherent authority to impose reasonable rules to preserve decorum in the meeting place, the basic idea being to prevent argumentation over personalities . Joe Grisanti expressed concern over maintenance costs to result from upcoming downtown tree planting . He urged that off-street parking be addressed first . He also expressed he does not feel the BIA represents the merchant business majority. A. CONSENT CALENDAR 1 . Approval of City Council Minutes - January 12, 1988 2. Approval of Treasurer 's Report - December, 1987 3. Approval of Finance Report - December', 1987 4. Approval of Tentative Parcel Map 36-B7 - 8197 Coromar- Resubdivision of two existing lots containing 1 .48 ac. into three parcels containing 20,000, 20,000 and 28,597 sq. ft.- Lopus/Twin Cities Engineering 5. Approval of Tentative Parcel Map 41-87 - 8955 Ortega Rd.- Subdivision of an existing developed parcel containing 6.56 ac, into two parcels of 3.06 and 3.50 ac. - West/Volbrecht Surveys 6. Approval of Tentative Lot Line Adjustment 17-87 - 10635 Realito —Adjusting property line between two existing lots Niels/Lahrsen/Cuesta Engineering 7. Authorization to surplus Canon word processing system B. Resolution 11-88 - Adoption of regulations for candidates for elective office pertaining to candidate statements for the June 7, 1988 election 9. A portion of Curbaril Ave. Rd. vacation (adjoining Parcel 1 , PM 14-80) - Gray: A. Authorize property surplus B. Adopt Resolution 81-87 - Vacating a portion of Curbaril C. Direct recordation of a Quitclaim Deed D. Direct recordation of a Certificate of Lot Merger E. Require signature of a Hold Harmless Agreement Commenting on Item 4 , Councilwoman Borgeson asked what type of fence would be installed along the freeway frontage of Parcel 3; Mr . Engen responded it would be similar to that currently in place. Councilwoman Borgeson commented on the need for an architectural review committee for input to situations such as this . There was no public comment . Motion: By Councilman Bourbeau to approve Items Al-9, seconded by Councilwoman Mackey; passed 4:0 by roll-call , with Councilman Handshy absent . B. HEARINGS/APPEARANCES/REPORTS 1 . Subdivision Ordinance Revisions (Cont ' d from 1/12/88) A. Public Hearing B. Ordinance 163 - Revised Subdivision Ordinance (FIRST READING) Mr . Engen, Commun. Devel . Dir . , gave staff report , reviewing highlights of the proposed revised ordinance and noting several minor changes made after meeting this afternoon with John Falkenstien ( local engineer ) , Alan Vblbrecht ( local land surveyor )., Paul Sensibaugh and Steve DeCamp of City staff to review the document . Discussion with Council ensued . -4- Councilwoman Mackey requested inclusion of language requiring 10 ft . setbacks to flag lots as opposed to 5 ft . (p .38-D) . Public Comment John Falkenstien, Cuesta Engineering , commented on the 5 ft . setback , expressing that this is considered standard ; he does not see why a flag lot should have a different standard . He also suggested the inclusion of language in the document regarding how many lots can be served in a flag lot subdivision. Eric Michielssen, Planning Commissioner , expressed his feeling that not bringing this item before the Planning Commission .sets a dangerous precedent and that land use decisions should follow adopted City policy, follow proper channels and give the public every opportunity for input . Ursula Luna, 10600 San Marcos , relative to the comments of the previous speaker , noted her feeling at the last Planning Commission meeting that many of the public comments expressed (as well as a presentation by Planning staff) were not taken into consideration by the commissioners. Also, she agrees with the 10 ft . setback suggested by Councilwoman Mackey. Terrill Graham, relative to the comments of the previous two speakers, expressed he feels it ' s appropriate for the Council to make important decisions for the City. Sarah Gronstrand , resident , recalled that Council 's direction to staff at a recent past meeting was to work on this ordinance and return to Council - that this is not something new. Council discussed the issue of whether or not this item should go before the Planning Commission. Motion: By Councilwoman Mackey to read Ord . 163 by title only, seconded by Councilwoman Borgeson; passed by 4:0 roll-call . Mayor Norris read Ord . 163 by title. Motion: By Councilman Bourbeau that this constitutes the first reading of Ord . 163, including staff revisions as noted , seconded by Mayor Norris ; motion failed on 2:2 roll-call , with Councilmembers Borgeson and Mackey dissenting , and Councilman Handshy absent . Motion: By Councilwoman Borgeson to adopt first reading of Ord . 163 subject to staff changes, including the change to 10 ft . setbacks on flag lots, seconded by Councilwoman Mackey; passed by 3: 1 roll-call , with Mayor Norris dissenting and Councilman Handshy absent . -5- 2. General Plan Amendment 1A-88 and Zone Change 14-87- 11250/11350 E1 Camino Real - Frederick A. Public Hearing B. Resolution 12-88 - Approving an amendment to the land use designation of the City General Plan from Suburban Single Family to Retail Commercial C. Ordinance 164 - Amendment to the City zoning maps from Residential Suburban to Neighborhood Commercial (CN (FH) (FIRST READING) Mr . Engen, Commun. Devel . Dir . , gave staff report and responded to questions from Council . There was no public comment . Motion: By Councilman Bourbeau to adopt the Planning Commission ' s recommendation to approve GPA 1A-88 (Res. 12-88) , seconded by Councilwoman Mackey; passed by 4 :0 roll-call , with Councilman Handshy absent . Motion: By Councilwoman Mackey to read Ord . 164 by title only, seconded by Councilman Bourbeau; passed by 4:0 roll-call . Mayor Norris read Ord . 164 by title. Motion: By Councilwoman Mackey that this constitutes the first reading of Ord . 164, seconded by Councilman Bourbeau; passed by 4:0 roll-call , with Councilman Handshy absent . COUNCIL RECESSED FOR A BREAK AT 9:05 P.M. MAYOR NORRIS CALLED THE MEETING BACK TO ORDER AT 9:20 P.M. 3. General Plan Amendment 1B-88 and Zone Change 16-87 - East of Sombrilla and West of Valle Ave. - City of Atascadero initiated A. Public Hearing B. Resolution 13-88 - Amendment to the land use designation of the City General Plan from High Density Single Family to Moderate Density Single Family - lots 1A-16, Block E, Atascadero Colony C. Ordinance 165 - Amendment to the City Zoning Maps from RSF-X (High Density Single Family) (20,000 sq. ft. with sewer) to RSF-Y (Moderate Density Single Family) ( 1 .0 Ac. with sewer) (FIRST READING) Mr . Engen, Commun. Devel . Dir . , gave staff report and responded to questions from Council . Public Comment Alden Shires, 7515 Sombrilla Ave. , spoke in favor of the proposed -6- zone change. Linda Shoff, 7585 Sombrilla Ave. , spoke in favor of the proposed zone change in the interest of maintaining the rural nature of the area. She also relayed the support expressed by several neighbors who were not able to attend the meeting . Mr . Engen read a letter received from an S. Lissenberry (address unknown) expressing opposition to any GP changes for the east side of Sombrilla. Motion: By Councilwoman Borgeson to concur with the Planning Commission ' s recommendation to approve GPA 1B-88 (Res. 13-88) and ZC 16-87, seconded by Councilwoman Mackey; passed by 4:0 roll-call , with Councilman Handshy absent . Motion: By Councilman Bourbeau to read Ord . 165 by title only, seconded by Councilwoman Borgeson; passed by 4:0 roll-call . Mayor Norris read Ord . 165 by title. Motion: By Councilman Bourbeau that this constitutes the first reading of Ord . 165, seconded by Councilwoman Borgeson; passed by 4:0 roll-call , with Councilman Handshy absent . 4. Transmittal of proposed Draft City/School District Joint Use of Facilities Joint Powers Agreement ( Information only) Mr . Best , Parks & Rec . Dir . , gave staff report . He noted this issue will be on the joint City/School special meeting agenda Thurs. , Feb . 4th , then brought back for action by the full Council . He pointed out that a change was made in the indemnification clause of the agreement (which Council should. have received copy of) . Mr . Shelton, City Mgr . , noted that Councilmembers Bourbeau and Mackey are the City ' s representatives to the City/School Committee and have reviewed the document , which will serve to maximize public recreation resources, enhance and coordinate recreation planning , avoid program duplication and enhance the City and AUSD ' s ability to provide recreational facilities. There was no public comment . Motion: By Councilwoman Borgeson that Council accept this as an information item for review by the full Council , seconded by Councilman Bourbeau; passed by 4 :0 roll-call , with Councilman Handshy absent . -7- 5. Status report on esthetics and health complaints regarding Safeway/Williams Brothers Shopping Center Mr . Engen, Commun. Devel . Dir . , gave staff report . Mayor Norris thanked staff for their follow-up on this issue. There was no action taken. C. UNFINISHED BUSINESS 1 . Council consideration regarding City Manager recruitment (Cont 'd from 1/12/88) Mr . Shelton, City Mgr . , gave staff report . Lengthy discussion ensued between Council and staff regarding alternatives outlined in staff report . The recruitment cost and duration of time were of noted concern to Council . Public Comment Barbara Sims, 10835 Colorado Rd . , inquired as to the cost of the previous City Mor . recruitment process. She expressed opposition to Council approval of $15,000 for this recruitment . Additional comments were expressed by members of Council regarding which alternative would be the most expedient and cost effective. Motion: By Councilman Bourbeau to adopt staff recommendation that ( 1 ) Council direct staff to solicit proposals from municipal executive search firms to conduct a City Mgr . recruitment , and ( 2) Council receive search firm proposals which include a complete range and cost of services, as soon as possible in attempt to present proposals to Council at their next regular meeting (Feb . 9th ) , seconded by Councilwoman Mackey; passed by 3: 1 roll-call , with Mayor Norris dissenting and Councilman Handshy absent . 2. Council authorization regarding proposed Education Reimbursement Policy (Cont 'd from 1/12/88) Mr . Shelton, City Mgr . , gave staff report . Public Comment Terrill Graham expressed that a letter grade of "B" or better should be required and that reimbursement should not be prior to one year after completion of the course. -8- Sarah Gronstrand inquired as to what school (s ) would be attended , noting the variance in costs depending on where courses are taught . Motion: By Councilwoman Borgeson that Council adopt an Education Reimbursement Policy as detailed on the sheet attached to staff ' s report , including amendment requiring a passing grade of "B" or better , and that the funds for implementing the policy be appropriated in the 1988-89 F.Y. budget ; passed by 4:0 roll-call , with Councilman Handshy absent . 3. Council authorization to surplus 5505 Traffic Way property (Cont 'd from 1/12/88) A. Ordinance 162 - Amendment to zoning from Public to Industrial Park (Second and final reading) B. Authorization to solicit sealed bids Mr . Engen, Commun. Devel . Dir . , gave staff report . Public Comment Terrill Graham urged that Council give close consideration to this proposal , feeling it ' s more desirable to retain subject property for recreational use. Steve LaSalle, 7505 Marchant , seconded the comments of the previous speaker , noting the value of land is currently appreciating at a rate of approx . 11% . Ursula Luna, resident , agreed with the comments of the previous two speakers, supporting retention of public parklands. Sarah Gronstrand , resident , inquired as to the reason for selling this property and the amount of money the City expects from its sale; she spoke in favor- of keeping the property if its sale is not urgent . Mr . Shelton, City Mgr . , made responding comments to the concerns expressed by the public . He reviewed the City ' s handling of subject property, which has been reviewed by both the Planning and Recreation Commissions for recommendation. He noted the intent of selling the property is to use the funds for other important City purposes. Mr . Engen noted that the property has been given careful review, including the preparation of a master plan by Ted Elder , a local landscape architect , who donated his time to closely review its value for park use. Discussion between Council and staff ensued . -9- Motion: By Councilman Bourbeau to read Ord . 162 by title only, seconded by Councilwoman Mackey; passed by 4:0 roll-call . Mayor Norris read Ord . 162 by title. Motion: By Councilwoman Mackey that this constitutes the 2nd reading and adoption of Ord . 162, seconded by Councilwoman Borgeson; passed by 4:0 roll-call , with Councilman Handshy absent . Consensus of Council was to authorize staff to solicit bids for subject property. Mr . Shelton noted that appraisals on the property were previously authorized by Council and have been secured ; these will be used as a base for receiving bids. 4. Atascadero Lake Park Ranger House Needs Feasibility Study (Cont 'd from 11/24/87) Mr . Best , Parks & Rec . Dir . , gave staff report . Dan Wohl , Interim Dir . of County Mental Health , lobbied on behalf of mental health clients in support of allowing the County to continue in its current use of the. facility, and he responded to questions from Council . Consensus of Council was to postpone discussion and direct Mr . Best to meet with Mr . Wohl to discuss sharing the facility with County Mental Health . D. NEW BUSINESS 1 . Award of Paloma Creek Park Concession Contract to Randy Ryberg (Randy's Har-B-Que) (from 11/24/67 Council Meeting) Mr . Best , Parks & Rec . Dir . , gave staff report . He recommended that the liability insurance be increased from $300,000 to $500,000, which has been suggested to Mr . Ryberg . It is also recommended that the use permit be granted only after completion of a routine background check on the concessionaire. Discussion with Council ensued . There was no public comment . Motion: By Councilman Bourbeau to continue the meeting past 11 :00 p .m. , seconded by Councilwoman Borgeson; passed 4:0. Motion: By Councilman Bourbeau to authorize the approval of the Use Permit attached to staff report for a period of one year and that the insurance requirement in Para. 20 (b ) be increased to X500,000; further , that execution of the Use Permit is subject to a background check . Motion -10- seconded by Councilwoman Mackey; passed by 4:0 roll-call , with Councilman Handshy absent . 2. Status Report regarding County Hazardous Management Plan (Proposed Traffic Way Treatment Site - Verbal ) Mr . Sensibaugh , Pub . Works. Dir . , gave staff report . He noted that the County Waste Mgmt . Plan must be submitted to the State by March 31 , 1988, after which time public hearings involving all the cities in the County (and County hearings) will be held. He reported that an industrial site in the City may potentially be selected for location of a treatment plant or a holding facility. Mr . Sensibaugh further reviewed the approx . 6-month process of 9 developing the plan, which must be finaled and submitted to the State by October . Mayor Norris urged public attendance at meetings of the County Hazardous Waste Commission, the next scheduled for 2/4/88 at 10:00 a.m. at the Agricultural Commission on Bishop Way in SLO. There was no action taken. Motion: By Councilman Bourbeau to recess as Council and convene as the ACSD Board of Directors; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1 . Proposed Sewer Extension Reimbursement Agmt. with Mr. & Mrs. Alan Gallatin (affecting lots 230, 229 and 214, Block NC (Curvado Cr. ) Mr . Sensibaugh , Pub . Works Dir . , gave staff report . There was no public comment . Motion: By Director Borgeson to approve the proposed Sewer Extension Reimbursement Agmt . between the Sanitation District and Mr . & Mrs. Alan Gallatin, seconded by Director Bourbeau ; passed by 4:0 roll- call , with Director Handshy absent . Motion: By Director Bourbeau to adjourn as ACSD Board and reconvene as City Council , seconded by Director Borgeson; passed unanimously. F. INDIVIDUAL DETERMINATION There were no comments . -11- MEETING ADJOURNED AT 11 :20 P.M. TO A SPECIAL OPEN JOINT CITY COUNCIL/ATASCADERO SCHOOL BOARD MEETING ON FEBRUARY 4, 1988 AT 6:30 P.M. AT ATASCADERO HIGH SCHOOL LIBRARY. MINUTES RECORDED BY : BOYD C. SHARITZ, City Clerk PREPARED BY: �LC � ,4;7 CINDY WILKINS, Dep . City Clerk -12- . v,.X11 .,..i �� ���•`,i -��//) M E M O R A N D U M TO: City Council February 9 , 1988 VIA: Michael Shelton, City Manager A-A FROM: Henry Engen, Community Development DirectorAf RE: Tentative Parcel Map 11-85 (Time Extension) 7150 Serena (Nellie Kennedy) (Dan Stewart) BACKGROUND: At their regular meeting of January 19 , 1988, the Planning Commis- sion considered the above-referenced time extension on their Consent Agenda and recommended approval. RECOMMENDATION: Approve Tentative Parcel Map 11-85 (Time Extension) as per Planning Commission recommendation. HE:ph Attachments: Staff Report - January 19, 1988 • • CITY OF ATASCADERO Item:—A-2 STAFF REPORT FOR: Planning Commission Meeting Date: 1/19/88 BY: Doug Davidson, Associate Planner File No: TPM 11-85 SUBJECT: To allow a time extension in order to give the applicant additional time to comply with the conditions of the tentative map. BACKGROUND: On February 24, 1986 the City Council approved Tentative Parcel Map 11-85 subject to the conditions contained in the staff report dated February 3, 1986. A written request was received from the property owner on December 22, 1987 for a one year time extension. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Nellie Kennedy 2. Representative. . . . . . . . . . . . . . .Dan Stewart 3. Project Address. . . . . . . . . . . . . . 7150 Serena 4. Legal Description. . . . . . . . .I . . .Parcel 2, PM 16-86, Stadium Park 5. Site Area. . . . . . . . . . . . . . . . . . . . 4. 24 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Y (Residential Single Family) 7. General Plan Designation. . . . .Single Family Residential 8. Existing Use. . . . . . . . . . . . . . . . .Vacant 9. Environmental Status. . . . . . . . .Negative Declaration posted B. ANALYSIS: The two year approval period for this tentative map expires on February 24; 1988. As the conditions in Exhibit B indicate, there are substantial infrastructure improvements required as a 0 part of this approval. Staff sees no problem in granting this time extension to allow completion of these improvements. As stated in Exhibit A, there have been no ordinance or policy changes which would affect this approval. Approval of this one year time extension shall expire on February 24, 1989. C. RECOMMENDATION: Staff recommends approval of the time extension request based on the findings in Exhibit A and the conditions set forth at the time the map was originally approved (Exhibit B) . ATTACHMENTS: Exhibit A - Findings for Approval Exhibit B - Staff Report dated February 3, 1986 DD\dd Exhibit A - Findings for Approval (Time Extension) Tentative Parcel Map 11-85 (Kennedy) January 19, 1988 Findings 1. There have been no changes to the provisions of the General Plan or Zoning Ordinance applicable to the project since the approval of the entitlement. 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or Zoning Ordinance apply to the project. 0 EXHIBIT B City of Atascadero Item: B- STAFF REPORT FOR: Planning Commission Meeting Date: 2/3/86 BY: Doug Davidson, Assistant Planner File No: TPM 11-85 Project Address: 7150 Serena (formerly Pinal) SUBJECT: To allow the division of a 4.24 acre parcel into four lots of 1.00, 1.00, 1.07, and 1.17 acres each. BACKGROUND: This matter was originally heard at the Planning Commission meeting of April 15, 1985. At that time, staff requested a continuance in order to evaluate road improvement alternatives. On May 6 , 1985, the City Council, acting in its capacity as the Planning Agency, granted a con- tinuance to allow the applicant' s engineer to redesign the parcel map. Staff has since received a revised parcel map and all affected City • agencies, as well as CalTrans, have reviewed the project. Notice of public hearing was published in the Atascadero News on Jan- uary 24, 1986 and all owners of record property located within 300 feet were notified on that date. A. LOCATION: 7150 Serena (Parcel 2 of Parcel Map CO 74-185, Stad- ium Park) B. SITUATION AND FACTS: 1. Request. . . . . . . . . . . . . . . . . . . . . .To allow the division of a 4. 24 acre parcel into four lots of 1. 00 , 1. 00 , 1. 07 and 1. 17 acres each. 2. Applicant. . . . . . . . . . . . . . . .Nellie Kennedy 3. Engineer . . . . . . . . . . . . . . . . . . .Daniel Stewart 4. Site Area. . . . . . . . . . . . . . . . . . . .4. 24 acres 5. Streets. . . . . . . . . . . . . . . . . . . .Serena Road is a private, unim- proved road. Mercedes Avenue is unimproved and the alignment of the proposed Highway 41 expan- sion. Stadium Road is an exist- ing ten foot access easement being proposed as a 50 foot LXMIBIT 9 $ Tentative Parcel Map 11-85 (Kennedy/Stewart) right-of-way to serve ' these • parcels. ' 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Y (Residential Single Family - minimum lot size one acre with sewer , one and one half acre without sewer. 7. Existing Use. . . . . . . . . . . . . . . . .Vacant 8. Adjacent Zoning and Use. . . . . .North: RSF-Y, vacant South: RSF-Y, vacant East: Stadium Park West: RMF/16, County Hospital 9. General Plan Designation. . . —Moderate Density Single Family 10. Terrain. . . . . . . . . . . . . . . . . . . . . .Steeply sloped with many -large oak trees. 11. Environmental Status. . . . . . . . .Negative Declarationa C. ANALYSIS: In the RSF-Y zone, the minimum lot size is one acre with sewers, one and one-half acre without sewer. These proposed lots are within the sewer improvement district. Thus, the proposed lot sizes of 1.00, 1.00, 1.07 and 1.17 acres each conform to the Zon- ing Ordinance. - DEVELOPMENT OF SITE - Staff has several concerns regarding the development of these par- cels. The average slope of these lots is approximately 35%. Grad- ing on such slopes will require a precise plan approval by the Planning Department prior to the issuance of any grading or build- ing permits. This review will seek to determine that the extent and nature of the proposed grading is appropriate for the use and that the proposed grading will not result in erosion or other ad- verse effects to life or property. Sewage Disposal: Septic systems are not allowed on slopes over 30%. For this rea- son, as well as the fact that these lots are located within the sewer improvement district boundary, the parcels are being pro- posed to be required to connect to the sewer system. Condition #11 of the conditions of approval addresses sewer conection. Access: The proposed lots are currently served by two unimproved access roads. Serena is an unimproved private road. Parcel 4 fronts Serena Road at its northeast corner . Mercedes Avenue is also un- improved and is located to the west of proposed Parcel 1. Mer- cedes is the proposed future alignment of Highway 41 and is cur- Tentative Parcel Map 11-85 (Kennedy/Stewart) rently under Caltrans jurisdiction. To adequately serve these proposed lots, off-site road improvements are proposed to be re- quired as indicated in Condition #9 . Stadium Road is an unim- proved access easement being proposed to serve these parcels. It is shown currently as a ten (10) foot access easement and is being proposed as a 50 foot right-of-way. Condition #9-d is included to insure that the applicant acquires title to allow for these improvements. Fire Prevention: Additional fire hydrants are required. Their type and location is contained in Condition #5. In summary, this proposed parcel map creates the need for substan- tial infrastructure improvements before lot divisions would be acceptable; however , with the recommended conditions of approval, staff believes that the parcel map will result in an orderly pat- tern of development. .D. RECOMMENDATION: Staff recommends approval of Tentative Parcel Map 11-85 based on the findings and conditions contained in Exhibit A. • DGD:ps ATTACHMENTS: Exhibit A - Findings/Conditions of Approval Exhibit B - Location Map Exhibit C — Parcel Map �D Tentative Parcel Map 11-85 (Kennedy/Stewart) EXHIBIT A - Tentative Parcel Map 11-85 Findings/Conditions of Approval February 3, 1986 FINDINGS: 1. The creation of these parcels conform to all applicable zoning and the General Plan. 2. The creation of these parcels in conformance with the recommended conditions of approval will not have a significant adverse effect upon the environment, and preparation of an Environmental Impact Report is not necessary. 3. The site is physically suitable for the type of development that is proposed. .4. The site is physically suitable for the proposed density of dev- elopment proposed. 5. The design of the subdivision of the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or -their habitat. 6. The design of the subdivision or the type of improvement will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivi- sion; or that substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act, as to methods of handling and discharge of waste. CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the final map. 2. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other building or other restrictions related to the easements, they shall be noted on the final map. 3. Grading, drainage and erosion control plans, prepared by a regis- tered civil engineer , shall be submitted for review and approval by the Community Development and Public Works Departments prior to issuance of building permits in conjunction with installation of driveways, access easements or structures. Prior to final build- �1 Tentative Parcel Map 11-85 (Kennedy/Stewart) ing inspections, said engineer shall submit to the City written certification that grading is in compliance with said codes and standards. a. Drainage facilities shall be constructed to City standards. b. All drainage work shall be completed (or bonded for) prior to recordation of the. final map. 4. Plan and profile drawings of proposed individual driveways and driveway easements shall be submitted for approval by the Planning and Public Works Departments in order to determine average grade and appropriate improvement requirements. 5. Two City standard fire hydrants shall be required at the following locations: 1) the corner of Stadium Road and Mercedes; and 2) 500 feet east of Mercedes on Stadium Road. 6. Provide a preliminary soils report and if said report indicates that corrective measures are necessary to prevent structural damage, then a note acceptable to the Director of Public Works shall be noted on the final map. 7. Obtain an encroachment permit from the Department of Public Works and construct improvements (or bond) as per permit requirements, prior to recordation of the final map. 8. Obtain an encroachment permit from Caltrans and construct road im- provements per permit requirements. These improvements should be compatible with the proposed improvement of Highway 41 extension. 9. The applicant shall submit road improvement plans, prepared by a registered civil engineer , for review and approval by the Public Works Department. These shall include : a. The construction of Stadium Road to a 24 foot wide road sec- tion with a 20 foot a.c. traveled way along the frontage of the proposed parcels continuing to Hospital Drive per City standards. b. The construction of a City standard cul-de-sac or approved hammerhead at the terminus of Stadium Road. C. Upon approval by the Director of Public Works, the property owner may enter into a deferral agreement for the construc- tion of Stadium Road asphaltic concrete (traveled way) within the right-of-way of future Highway 41. d. Prior to approval of the improvement plans by the Director of Public Works, either the subdivider shall acquire suffi- cient title or interest in the off-site land to allow the improvements to be made as required by these conditions; or the City Council, upon request by and at the expense of the subdivider , shall have made all appropriate findings and adopted a Resolution of Necessity as required by law so that OF Tentative Parcel Map 11-85 (Kennedy/Stewart) the City may exercise its power of eminent domain. e. Construction of road improvement plans shall be completed or bonded for prior to recordation of the final map. 10. The applicant shall make an offer of dedication to the City of Atascadero to the following rights-of-way and/or easements: a. The sanitary sewer easement, ten feet each side of the sewer main line. b. Stadium Road along the parcel map frontage 25 feet from the centerline of Stadium Road and the right-of-way- for the cul- de-sac. C. The public utility easements. d. These offers of dedication shall be completed and recorded prior to recordation of the final map. .11. A sewer connection permit shall be obtained from the Public Works Department prior to hooking up to the public sewer . a. Plans for the sewer main extension, prepared by a registered civil engineer , shall be submitted and approved by the Public Works Department. b. The applicant shall enter into a sewer main extension agree- ment subject to approval by the Director of Public Works. C. Construction of sanitary sewer facilities shall be completed (or bonded for) prior to recordation of the final map. d. An in-lieu sewer connection fee of $850.00 per single family lot shall be due in addition to the usual connection, tap-in, and installation fees, prior to issuance of a building permit. 12. All conditions herein specified shall be complied with prior to filing of the final map. 13. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City 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 will be set by a date specific, and that they will be sufficient to enable the survey to be retraced. LIVE "'" I L Corvert I ,access x Store THIS SHEET INDICATES THIS SECTION CONTAINS POOR QUALITY IMAGES Tentative Parcel Map 11-85 (Kennedy/Stewart) b. A recently updated preliminary title report shall be ' submit- ted for review in conjunction with the processing of the final map. 14. Approval of this tentative parcel 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. ,a LOCIATION MAP C-1 -rY AAAIA17-AIAIE-D _S7-k*r� it .� } � � � `�.'•��- ,�-- __ _ _ _�%"_ moi. . 2. ;'\ 4\- _ F w� \ � '4 '2 14 R p IiA"PRov p D �' po "t �Tl�.aii� - Q�•ay ` 6 1 �C\ s` �� i. �' /I I 2 \ �/ _C.Q_•'. -ice ji 9• 2; 7a cul PA PPR 1 14 17 F.•� a_ ��.� --I�trr NX �• lr• `NO r ,tea 1,7. PJ4••T.✓..-< (� 2 �h'-� � .1Q--�'c-1 ' .� K!� y•:1 4� Dorm - �� •_ - v /X��' �'� < `IJo ' 1�•�'JaRI�l,q �}{j 1 [1^'' ,' J �r7^/f�' ,• 55// 2' 4] fit+ • T:tom--� � „�. _y`�' __ � - _. .. _e'. N y . J ' -77 , 7 W" do i ,�/ J' f' /' i \V // ,. s►�,' /, / ' �,• /,v 1. \I •� ' ' ' ' ' ��' p m 914 SS aSIA Y phi a ;, y PLEASE INCLUDE IN 2/9/88 COUNCIL AG'-:NDA PACKET TANG © ITEM RESOLUTION 23-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE SURPLUS OF CITY-OWNED VEHICLES WHEREAS, the City of Atascadero has acquired vehicles in various departments, which are deemed to be expended; and WHEREAS, the City Council has authorized replacement of such vehicles in the current fiscal year budget; and WHEREAS, it is no longer cost effective to operate equipment which has been replaced with new equipment. THEREFORE, be it resolved that the Atascadero City Council hereby authogizes the surplus of the following City-owned equipment: • 1961 Van Pelt Fire Truck 1979 Dodge 16 Passenger Van 1981 Chevrolet 16 Passenger Van 1980 Ford LTD (blue) 1985 Ford LTD (blue/white) (wrecked) 1980 Ford LTD (blue/white) 1981 Chevrolet Impala Station Wagon BE IT FURTHER RESOLVED, that the City Council directs the disposal of said equipment through solicitation of a sealed bid process . On motion by Councilmember and seconded by Councilmember the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES : NOES: ABSENT: DATE ADOPTED: Resolution 23-88 (Page 2) ATTEST: CITY OF ATASCADERO, CALIFORNIA BOYD C. SHARITZ BARBARA NORRIS City Clerk Mayor APPROVED AS TO FORM: JEFFREY G. JORGENSEN City Attorney APPROVED AS TO CONTENT: . MICHAEL SHELTON City Manager • ITEM: A — 3 n THE RESOLUTION AUTHORIZING V CLE SURPLUS WILL BE DISTRIBUTED BY THE CITY MANAGER ' S FICE AT A LATER TIME. • M E M O R A N D U M DATE: 1/19/88 TO: City Council THROUGH: Michael Shelton, City Manager FROM: Mike Hicks, Fire Chief SUBJECT: Surplus fire equipment - 1961 Van Pelt fire truck, license number E73249 Recommendation The fire department is requesting Council to authorize declaring a 1961 International Van Pelt fire truck surplus property. Background This engine was replaced during the fiscal year 1986/87 . The fire department proposes the method of disposal be that of advertising in newspapers and trade journals for sealed bids . The bid would be awarded to the highest bidder, with the right to refuse all bids if we feel they are not acceptable . I estimate the process to take 60 days . � f MIKE HICKS MH:pg • M E M O R A N D U M TO: Mike Shelton, City Manager FROM: Don Leib, Superintendent of Public Works SUBJECT: Surplus Vehicles DATE: February 4,1988 The Public Works Department has two vehicles which have reached their life expectancy. We are requesting that Council declare the following vehicles surplus and authorize this department to dispose of them: 1 - 1979 Dodge Van - 16 passenger 1 - 1981 Chevrolet Transette Van - 16 passenger M E M O R A N D U M • TO: City Manager Mike Shelton and City Council Members FROM: Chief of Police SUBJ: Surplus City Equipment DATE: Feb. 1, 1988 RECOMMENDATION/COUNCIL ACTION REQUESTED Adopt Resolution Number which will authorize the sale/disposition of three police sedans - vehicle I.D. numbers 719, 866 and 867. BACKGROUND The Police Department currently has three vehicles which are of no further practical use to the City. These three units have been stripped of emergency equipment and are described as follows: Unit #4: 1985 Ford LTD, white/blue - wrecked. Lic # E469265, VIN 2FABP43GOFX119719 Unit #9: 1980 FORD LTD, white/blue. Lic # E757601, VIN OAGIF146867 Unit #10: 1980 FORD LTD, blue. Lic # E757602, VIN OAGlF146866 With Council approval, the police department will request sealed bids for this excess equipment. Persons having an interest in viewing these vehicles should contact Ken Harthoorn at A.P.D. I would recommend to Council that City employees not be authorized to purchase City equipment such as this. FISCAL IMPACT The proceeds of the sale of these cars will accrue to the City. qO�- RICHARD H. McHALE RHM:sb 0 0 M E M O R A N D U M TO: City Council February 9, 1988 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director `A& SUBJECT: Surplus Vehicle: Building Division BACKGROUND: Building Division has a 1981 Chevy Impala station wagon, which had proven unreliable and ill-suited for the terrain it had to travel and has been replaced as part of last year ' s budget authorization. The vehicle has over 77,000 miles on it and may be identified as #1G1AL35 HSBJ137744, License #E789223. RECOMMENDATION• Adopt attached Resolution authorizing the sale or disposition of Building Division' s 1981 Chevy Impala station wagon. HE:ph i MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager FROM: Paul M. Sensibaugh, Director of Public Works ,��S SUBJECT : Stop Sign - Los Gatos Avenue DATE: February 2 , 1988 Recommendation : The Traffic Committee recommends that Council adopt the attached resolution establishing a Stop intersection on Los Gatos Avenue westbound at the intersection with Flores Avenue. Background: The Traffic Committee, in response to a citizen request , visited the site and observed the hazardous condition of this intersection . The establishment of a Stop intersection in addition to the trimming of bushes to be done by the property owner , should improve the safety at this intersection. Fiscal Impact : The cost to the City is approximately $100 to be paid out of the 1987/88 budget . • RESOLUTION N0, 17-88 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION ON LOS GATOS AVENUE AT THE WESTBOUND INTERSECTION WITH FLORES AVENUE WHEREAS, Section 4-2 . 801 et seq, of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections , and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic Committee has recommended that establishing a STOP intersection on Los Gatos Avenue westbound at Flores Avenue will improve a hazardous traffic situation . NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOP intersection at the location listed above . On motion by , and seconded by ,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote : AYES : NOES : ABSENT: ADOPTED: ATTEST : F BOYD C . SHARTIZ, City Clerk BARBARA NORRIS, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works • City Engineer r R�AO G A SF s �O SANTA I + 1 . i I� r 7 Q O � VF Q \1 1 4Q 1 O N ia791 I 0 � � c I� I �o c� V 0 N O y In i k • � I ry I O !a * I? o Im n �. it, 0 IA _zr✓�_1_--- C) N � y a � 4 n X040 Z -b.i cl Q / /OO O m O � z n y O c) n o n Z -Zc � o • DAT: *. ITEM • MEMORANDUM TO: City Council THROUGH: Mike Shelton , City Manager FROM: Paul M� Sensibaugh, Director of Public Works SUBJECT: Stop Sign — La Paz Lane DATE: February 2 , 1988 Recommendation : The Traffic Committee recommends that Council adopt the attached resolution establishing a Stop intersection on La Paz Lane at the intersection with Atascadero Avenue. Background: The Traffic Committee, in response to a citizen request , visited the site and observed the hazardous condition of this intersection . La Paz Avenue enters Atascadero Avenue at a curve in the road which makes it difficult to see oncoming traffic on Atascadero Avenue . The installation of a Stop Sign on La Paz Lane should improve safety at this intersection . Fiscal Impact : The cost to the City is approximately $100 to be paid out of the 1987/88 budget . • RESOLUTION NO. 18-88 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION ON LA PAZ LANE AT ATASCADERO AVENUE WHEREAS, Section 4-2 .801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic Committee - has recommended that establishing a STOP intersection on La Paz Lane at Atascadero Avenue will alleviate a hazardous traffic situation; NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOP intersection at the location listed above . On motion by and seconded by ,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST : BOYD C. SHARTIZ, City Clerk BARBARA NORRIS, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : s ' JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH • City Attorney Director of Public Works City Engineer W 5 cn b v En 0 0 +1 CL 0 En a - LA PAZ LANE - AF qw V� TO 101 DA MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager FROM: Paul Sensibaugh, Director of Public Works I*tS SUBJECT : Resolution Prohibiting Parking on a Portion of Santa Lucia Avenue IaATE: February 2 , 1988 Recommendation : The Traffic Committee recommends that Council approve the attached resolution prohibiting parking on Santa Lucia the entire length of Lot 24 of Block HB. Background: This section of Santa Lucia is newly developed with a 19 unit apartment complex, across the street from the Catholic Church . The width of the roadway is not sufficient in this area to safely allow on-street parking. Fiscal Impact : The establishment of this No Parking zone will be approximately $200 to be paid out of 1987/88 budgeted funds . RESOLUTION NO 20-88 1 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A NO PARKING ZONE ON THE SOUTHERLY SIDE OF SANTA LUCIA DIRECTLY ACROSS FROM THE CATHOLIC CHURCH THE ENTIRE LENGTH OF LOT 24 BLOCK HB WHEREAS, Section 4-2 . 1101 et sequence of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of NO PARKING areas , and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, The Traffic Committee has studied the traffic problems at this locations and has determined that a No Parking zone is appropriate for this location. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings as indicated above. On Motion by Councilman ,and seconded by Councilman ,the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES : NOES: ABSENT : ADOPTED: ATTEST : CITY OF ATASCADERO BOYD C . SHARITZ, City Clerk BARBARA NORRIS, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works/ City Engineer M E M O R A N D U M TO: City Council e FROM: City Clerk ' s Offic SUBJECT: June 7, 1988 General Municipal Election Calling Election & Requesting Consolidation DATE: February 9, 1988 • RECOMMENDATION City Council adopt the attached Resolution No . ' s 14-88 and 15-88. BACKGROUND Attached are the following resolutions for your consideration: Res . No . 14-88: Resolution calling and giving notice of June 7, 1988 General Municipal Election Res. No . 15-88: Resolution requesting that the County consolidate said election with the Statewide Primary Election to be held on the same date Pursuant to Sec . 23302 of the Elections Code, the resolution requesting consolidation (Res. No . 15-88) must be filed with the County by March 11 , 1988. :cw RESOLUTION NO. 14-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 1988, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on June 7, 1988, for the election of Municipal Officers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1 . That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Atascadero , California, on Tuesday, June 7, 1988, a General Municipal Election for the purpose of electing 3 Members of the City Council for the full term of four years. SECTION 2. That the ballots to be used at the election • shall be in form and content as required by law. SECTION 3. That the City Clerk is authorized , instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o ' clock a.m. of the day of the election and shall remain open continuously from that time until 8:00 p .m. of the same day when the polls shall be closed , except as provided in Section 14301 of the Elections Code of the State of California. SECTION S. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized , instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. (Res. No. 14-88, Cont'd) 0 ON MOTIONSECONDE BY COUNCILMEMHER , D BY COUNCILMEMBER , THE FOREGOING RESOLUTION IS HEREBY ADOPTED ON THE FOLLOWING VOTE: AYES: NOES: ABSENT: ADOPTED: BARBARA NORRIS, Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager 2 - s RESOLUTION NO. 15-88 RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY OF ATASCADERO TO BE HELD ON JUNE 7, 1988 WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE WHEREAS, the Atascadero City Council will hold a General Municipal Election in the City of Atascadero on June 7, 1988, for the purpose of the election of three members of the City Council; and WHEREAS, it is desirable that the' General Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City of Atascadero the precincts, polling places and election officers of the two elections be the same, and that the San Luis Obispo County Clerk canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE ATASCADERO CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 . That pursuant to the requirements of Section 23302 of the Elections Code, the San Luis Obispo County Board of Supervisors is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide Primary Election on Tuesday, the 7th of June, 1988 for the purpose of the election of three members of the City Council . SECTION 2. That the County Clerk is hereby authorized to canvass the returns of said General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used . SECTION 3. That the Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for the holding of said consolidated election. SECTION 4. That the City of Atascadero recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs . SECTION 5. That the City Clerk of the City of Atascadero is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Board of Supervisors and County Clerk . (Res. No. 15-88, Confd) • SECTION b. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. On motion by Councilmember , seconded by Councilmember , the Atascadero City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: BARBARA NORRIS, Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: JEFFREY JORGENSEN, City Attorney MICHAEL SHELTON, City Manager - 2 - ; ► '; ,, .- • M E M O R A N D U M TO: City Council February 2, 1988 VIA: Michael Shelton, City Manager " . FROM: Henry Engen, Community Development Director Bob Fielding , Chief Building Inspector SUBJECT : Proposed Adoption of Model Codes - Comprehensive Amendment of Title 8, Building Regulations • BACKGROUND: The State Building Standards Law, Health and Safety Code Section 18942, requires the State Building Standards Commission to adopt and publish editions of the State ' s technical building codes in their entirety once in every three years . The State Building Code ( Title 24) has now incorporated the following model codes: 1985 Uniform Housing Code 1985 Uniform Plumbing Code 1985 Uniform Building Code 1985 Uniform Mechanical Code 1987 National Electrical Code In accordance with State Law, the authority having jurisdiction must adopt the Published Model Codes within six (b ) months of adoption t,y the State. This draft ordinance has been prepared with the cooperation of the Fire Department and has been discussed with the North County Contractor ' s Association. We have also included , based on special local circumstances , proposals to amend the Model Codes and/or previous additions of Title 8. Included in the Fire Code is an amendment requiring automatic fire extinguishing systems in buildings over 10,000 square feet . • Page 1 of 3 • Other important amendments include: 1 . Deletinq references to the Planning Department and inserting Building Division. 2. Deleting references in the Uniform Building Code to Appendix Chapter 1 (Life Safety Requirements for Existing Buildings ) . 3. Adopting Appendix Chapter 35 (Sound Transmission Control ) . 4. Adding requirements for cargo containers, cabooses, railroad cars, and similar assemblies. 5. Clarifying that grading and/or waste disposal system permits shall not be issued separately from residential permits without specific approval of the Building Official . 6. Clarifying conditions of suspension or abandonment in regards to permits. 7. Transferring the requirement of treated shakes to Chapter B • Uniform Fire Code (Fire Department to interpret when required ) . e. Permitting use of area separation walls in lieu of parapets . 9. Retaining Article 310 of the 19el National electric Cede 10. Allowing use of 3" pipe for building sewers with specific_ approval of the Building Official . 11 . Adding a provision allowing waste disposal systems on slopes of 30% or more when approved by both the Administrative Authority and the Regional later Quality Control Board . 12. Deleting the requirement for a covenant when percolation rate exceeds 60 minutes per inch . 13. Deleting requirement for 120 volt receptacle within 25 feet of equipment for maintenance purposes. 14. Prohibition of liquefied Petroleum Gas lines under slabs . 15. Clarifies an alternative, when expediency warrants action involving dangerous buildings. • Page 2 of 3 • ACTION REQUESTED: Followinq public hearing , ( 1 ) read by title only and (2) adopt , on first reading , Ordinance No . 166. HE:dc Enclosures: Title 8 as Revised Draft Ordinance No . 166. cc : Mr . Dave Baker North County Contractor ' s Association Page 3 of 3 ITALS = NEW LANGUAGE -------- = deleted text ORDINANCE NO. -7e-166 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING TITLE 8 (BUILDING REGULATIONS) TO THE ATASCADERO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE UNIFORM ADMINISTRATIVE CODE, -1982 1985 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM BUILDING CODE, INCLUDING APPENDIX CHAPTERS-1, 7, 32, 35, 38, 57 AND 70, -x9$2- 1985 EDI- TION, AND THE UNIFORM BUILDING CODE STANDARDS, ALL PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE NATIONAL ELECTRICAL CODE, -1981 1987 EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; THE UNIFORM PLUMBING CODE, INCLUDING ALL APPENDICES, -192. 1985 EDITION, AND THE IAPMO IN- STALLATION STANDARDS, -1-9.8.2- 1985 EDITION, ALL PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS AND THE INTERNATIONAL ASSOCIATION OF BUILDING OFFICIALS; THE UNIFORM MECHANICAL CODE, INCLUDING ALL APPENDICES, -X9,&a 1985 EDITION, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS AND THE INTERNATIONAL CONFER- ENCE OF BUILDING OFFICIALS; THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, -14&2- 1985 EDITION, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM SIGN CODE, 1-9.8.2- 1985 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM FIRE CODE, INCLUD- ING APPENDIX CHAPTERS I-A, I-B, II-A, II-B, II-D, III-A, III-C, . IV-A, V-A AND VI-A, 1982 1985 EDITION, AND THE UNIFORM FIRE CODE STANDARDS, 1-9&2- 1985 EDITION, PUBLISHED BY THE WESTERN FIRE CHIEFS ASSOCIATION AND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM HOUSING CODE, -14&2- 1985 EDITION, PUB- LISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, -14&2- 1985 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, ALL AS AMENDED. Section 1. This amendment has been evaluated in accordance with the California Environmental Quality Act and this City' s environmental impact procedures guidelines and a negative declaration has been granted by the City. Section 2. Title 8 (Building Regulations) of the Atascadero Municipal Code is amended to read as contained in the attached Exhibit A, which is hereby made a part of this ordinance by reference. Section 3. Penalty Provisions. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter , repair , move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in le violation of this Title and the technical codes. Ordinance No. 166 i 0 Penalties for violation of this Title shall be as set forth in Chapter 3 of Title 1 of this code. Section 4. Publication. The City Clerk shall cause this ordinance to be published 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. Section 5. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by and seconded by the foregoing ordinance is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: AAq MICHAEL .SHELT N, ity Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney 0 0 EXHIBIT "A" TITLE 8 - BUILDING REGULATIONS Chapter 1. Administrative Code 8-1.101. Adoption of Uniform Administrative Code. Certain docu- ments marked and designated as the "Uniform Administrative Code" , -1982 1985 Edition, published by the International Conference of Building Officials, are hereby adopted for establishing administrative, organi- zational and enforcement rules and regulations for technical codes which regulate site preparation and construction, alteration, moving, demolition, repair , use and occupancy of buildings, structures and building service equipment. Each and all of the regulations, provi- sions, conditions and terms of such "Uniform Administrative Code" , -1982, 1985 Edition, published by the International Conference of Build- ing Officials, on file in the-Rlanni-ptg-Begar-tmeatr BUILDING DIVISION, are hereby referred to and made a part hereof as if fully set out in this Chapter , except as otherwise provided in this Chapter . 8-1.102. Modification of Certain Parts of the Uniform Adminis- trative Code. The following portions of the "Uniform Administrative Code" , -1-9-8& 1985 Edition, are hereby deleted: (a) Section 204 (Board of Appeals) (b) Section 304 (-&)-(B) (Permit Fees) (c) Section 304H3-)-(C) (Plan Review Fees) (d) Section 304 (d) (2) (Fee) Change reference to " . . . .Tables Nos. 3-A through -3--.F-IL 3-H" to read " . . .the resolution of the City Council establishing fees. " (e) Section 305 (h) (Reinspections) Change reference to . . Tables Nos. 3-A through -3--B"- 3-H" to read" . . .the resolution of the City Council establishing fees. " (f) Table No. 3-A (Building Permit Fees) (g) Table No. 3-B (Electrical Permit Fees) (h) Table No. 3-C (Mechanical Permit Fees) (i) Table No. 3-D (Plumbing Permit Fees) (j) Table No. 3-E (Grading Permit Fees) (k) Table No. 3-F (Grading Plan Review Fees) 8-1.103. THE FOLLOWING SHA BE LL ADDED TO SECTION 104 (f) UNIFORM ADMINISTRATIVE CODE: 1. WHEN PROPOSED USE IS OTHER THAN ORIGINALLY DESIGNED AND/OR INTEN- DED AS DETERMINED BY THE BUILDING OFFICIAL, RAILROAD CARS, CA- ,* BOSES, SHIPPING CONTAINERS AND SIMILAR ASSEMBLIES, ETC. , MAY NOT BE MOVED INTO OR RELOCATED WITHIN THE CITY LIMITS WITHOUT HIS PRIOR APPROVAL. 2. RAILROAD CARS, CABOOSES, SHIPPING CONTAINERS AND SIMILAR ASSEM- BLIES, ETC. , DO NOT QUALIFY AS CONVENTIONAL CONSTRUCTION; THERE- FORE, ALL DESIGN/ENGINEERING WORK, PLANS, CALCULATIONS, ETC. , MUST BE ACCOMPLISHED BY A CALIFORNIA LICENSED ARCHITECT OR ENGINEER. 8-1.103-104. Establishment of Board of Appeals. In order to con- duct hearings to determine the suitability of alternate materials and methods of installation and to provide for reasonable interpretations of the provisions of this Title, a Board of Appeals is hereby estab- lished. The Board of Appeals shall also make interpretations of and hear appeals pursuant to the Housing and Dangerous Building Codes. (a) Membership. The Board of Appeals shall consist of five (5) members, two (2) of whom shall be general contractors, one (1) of whom shall be a structural engineer or architect, one (1) of whom shall be a specialty contractor , all of whom shall be qualified by experience and training, and one (1) of whom shall be a member of the public who is not one of the foregoing. Members of the Board of Appeals shall be ap- pointed by and serve at the pleasure of the City Council. Each member shall comply with applicable provisions of the Political Reform Act of 1974 ,California Government Section 81000, et seq. The Building Official shall serve as Secre- tary to the Board of Appeals. (b) Eligibility. A person shall live within the City to be eligible for appointment to the Board of Appeals. (c) Term. Terms of initial appointment shall be a term of two (2) years for two (2) members and four (4) years for three (3) members. Subsequent appointments shall be for a term of four (4) years. (d) Rules and Regulations. The Board of Appeals shall adopt reasonable rules and regulations, subject to approval by the City Council, for conducting its business. The Board shall render all decisions and findings in writing with a copy to the appellant. (e) Appeal Procedure. Any person aggrieved by a decision of the BUILDING DIVISION related to any man- ner within the purview of this Title shall have the right to appeal the decision. The appeal shall be filed with the Building Official within fourteen (14) days after the render- ing of the decision affecting the aggrieved person. Grounds for the appeal shall be set forth in writing. -2- 0 • The Secretary of the Board shall set the time and place for a hearing on the appeal, and notice of the hearing shall be published in a newspaper of general circulation and shall be given to the appellant by mailing it to him, postage prepaid, at his last known address, at least ten (10) calendar days prior to the date set for hearing. Any written reports to be made to the Board shall be filed with the Secretary of the Board and shall be made available to the Board and to the public no less than three (3) working days prior to the date set for the hearing. Any Department Head shall have the right to be heard on any matter coming before the Board. The decision of the Board on the appeal shall not become fi- nal until fourteen (14) days after the Board has made its de- termination in order to allow time for an appeal to be made to the Council from the Board' s decision. Any party aggrieved by the determination of the Board shall have the right to appeal its determination to the Council. Such appeals must be filed with the City Clerk within four- teen (14) days after the Board has made its determination. The Council shall set appeal fees by resolution. There 0 shall be no charge for city-initiated appeals. 8-1.aQ4-105. Fees. Fees for permits, plan review, reinspections, special inspections, appeals and other activities of this Title shall be established by resolution of the City Council. The determination of value or valuation under any of the provisions of this Title shall be made by the Building Official. The value to be used in computing the building permit and building permit plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire-extinguishing systems and any other permanent equipment. 8-1.189-106 . Exempted Work. The following shall be added to Sec 301 (b) : "5. Sign Permits. The following signs shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this code or any other law or ordinance regulating the same. A. The changing of the advertising copy or message on a painted or printed sign only. Except for theater mar- quees and similar signs specifically designed for the use of replaceable copy, electric signs shall not be included in this exception. -3- B Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a struc- tural change is made. C. Signs less than six (6) feet above grade. 6. Swimming Pool, Spa, and Hot Tub Permits. No permit shall be required in the case of any repair work including: The stopping of leaks in drains, soil, waste or vent pipe, pro- vided, however, that should any trap; drainpipe; or soil, waste or vent pipe be or become defective and it becomes nec- essary to remove and replace the same with new material in any part or parts, the same shall be considered as such new work and a permit shall be procured and inspection made as hereinbefore provided. No permit shall be required for the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, when such repairs do not involve or re- quire the replacement or rearrangement of valves, pipes or fixtures. " 8-1.,+9,6-107. Permits Required. Section 301 (a) shall be revised to read as follows: "Permits Required. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter , repair, move, improve, remove, convert or demolish any building or structure, including a swimming pool, spa or hot tub, or make any installa- tion, alteration, repair, replacement, or remodel any building, service equipment, including swimming pool, spa and hot tub equip- ment, regulated by this Title, except as specified in Subsection (b) of this Section, or cause the same to be done without first obtaining a separate, appropriate permit for each building, struc- ture or service equipment from the Building Official. " GRADING AND/OR WASTE DISPOSAL SYSTEM PERMITS FOR RESIDENTIAL SITES SHALL NOT BE ISSUED SEPARATELY FROM THE RESIDENCE PERMIT WITHOUT THE SPECIFIC APPROVAL OF THE BUILDING OFFICIAL. 8-1.108. (EXPIRATION. Section 302 (d) shall be revised to read as follows: 302 (d) : EVERY PERMIT ISSUED BY THE ADMINISTRATIVE AUTHORITY UNDER THE PROVISIONS OF THIS CODE SHALL EXPIRE BY LIMITATION AND BECOME NULL AND VOID, IF THE BUILDING OR WORK AUTHORIZED BY SUCH PERMIT IS NOT COMMENCED WITHIN 180 DAYS FROM THE DATE OF SUCH PERMIT, OR IF THE WORK AUTHORIZED BY SUCH PERMIT IS SUSPENDED OR ABANDONED AT ANY TIME AFTER THE WORK IS COMMENCED FOR A PERIOD OF 180 DAYS. *FAILURE TO REQUEST AND RECEIVE A RECORDED INSPECTION BY THE AD- MINISTRATIVE AUTHORITY WITHIN THE 180 DAY PERIOD CONSTITUTES A CONDITION OF SUSPENSION OR ABANDONMENT. . . . . . . . . . . . . . . . . . . . . . . . *underlined is new language -4- �► • TITLE 8 - BUILDING REGULATIONS Chapter 2. Building Code 8-2.101. Adoption of Uniform Building Code. Certain documents marked and designated as the "Uniform Building Code" , including Ap- pend ix-Ghapter--1-fLi€e-Safety-Requir-emea€s--€ar---Existing--Buildings r Chapter 7 - Part 1 (Covered Mall Buildings) , Chapter 32 (Re-roofing) , CHAPTER 35 (SOUND TRANSMISSION) , Chapter 38 (Basement Pipe Inlets) , CHAPTER 49 (PATIO COVERS) , CHAPTER 55 (MEMBRANE STRUCTURES) , Chapter 57 (Regulations Governing Fallout Shelters) and Chapter 70 (Excavation and Grading) , -1583-1985 Edition, and as the "Uniform Building Code Standards" , -1983-1985 Edition, published by the International Confer- ence of Building Officials, are hereby adopted for regulating the erection, construction, enlargement, alteration, repair, -moving, re- moval, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures. Each and all of the regulations, provisions, conditions, and terms of such "Uniform Build- ing Code" , -1982-1985 Edition, and the "Uniform Building Code Stan- dards" , -1983- 1985 Edition, published by the International Conference of Building Officials, on file in the Flans}ag--BepaNtmelt, BUILDING DIVISION, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-2.102. Deletion of Certain Parts of the Uniform Building Code. The following portions of the "Uniform Building Code, "-1982-1985 Edi- tion are hereby deleted: (a) Chapter 1 (Title, Scope and General) , including Sections 101-107 (b) Chapter 2 (Organization and Enforcement) , including Sections 201-205 (c) Chapter 3 (Permits and Inspections) , including Sections 301- 307 and Table No. 3-A -8-2-.1A3T--�'ire-Re€a�daA€- tee€}sg-P4a€e�lals-Re��i�edT-- tea€--eeve�---- -lsQs--€e�--all-sew-bxlld}sgs-and-€e�-as�r-�e-gee€isg-a€-ex�s�lsg-laulld- -l�gs-shall-�e-se-less-€has-Elass-6�-�eQa�dless--a€--bs3ld�sg--�yge--o�- -eeeu19asey:--Any-fe€efesee-te-the-appEeved--use--a€--Eee€isg--makeEials- -w3�h-less-�hae-a-Elass-E-�a�}sg-ls-hereby-dele�e��- (transferred to Chapter 8 - Fire Code) 8-2.104 103. Grading. FILLS. Section 7010 (a) is hereby amended to read as follows: -5 • • "General. Unless otherwise recommended in an approved soils engineering report, fills shall conform to the provisions of this Section, except that lots located outside the Urban Services Line may exceed the 50 cubic yard limitation for a fill when approved by the Building Official and when in compliance with the following (1) All other limitations established by Subsection 9 of Section 7003; and (2) The lot is a minimum of 2 1/2 acres; and (3) The location and extent of the fill is clearly delin- eated on grading plans. " 8-2.104. PARAPETS. SECTION 1709 (A) OF THE UNIFORM BUILDING CODE IS HEREBY AMENDED BY ADDING A NEW EXCEPTION 5 TO READ AS FOLLOWS: 115. EXTERIOR WALLS WHICH, DUE TO LOCATION ON PROPERTY, ARE REQUIRED TO BE OF ONE- OR TWO-HOUR FIRE-RESISTIVE CONSTRUCTION, MAY TERMINATE AT THE ROOF SHEATHING, DECK OR SLAB, PROVIDED: A. WHERE THE ROOF-CEILING FRAMING ELEMENTS ARE PARALLEL TO SUCH WALLS, SUCH FRAMING AND ELEMENTS SUPPORTING SUCH FRAMING SHALL BE OF NOT LESS THAN ONE-HOUR FIRE-RESISTIVE CONSTRUC- TION FOR A WIDTH OF FIVE FEET FROM THE WALL. B. WHEN ROOF-CEILING FRAMING ELEMENTS ARE PERPENDICULAR TO THE 0 WALL, THE ENTIRE SPAN OF SUCH FRAMING AND ELEMENTS SUPPORTING SUCH FRAMING SHALL BE OF NOT LESS THAN ONEHOUR FIRE-RESISTIVE CONSTRUCTION. C. OPENINGS IN THE ROOF SHALL NOT BE LOCATED WITHIN FIVE FEET OF THE EXTERIOR WALL. D. THE ENTIRE ROOF SHALL BE PROVIDED WITH A FIRE-RETARDANT ROOF COVERING. " -6- TITLE 8 - BUILDING REGULATIONS Chapter 3. Electrical Code 8-3.101. Adoption of National Electrical Code. Certain documents marked and designated as the "National Electrical Code" , -1-9,91- 1987 Edition, published by the' National Fire Protection Association, are hereby adopted for safeguarding persons and property from hazards arising from the use of electricity. Each and all of the regulations, provisions, conditions, and terms of such "National Electrical Code" , -1941 1987 Edition, published by the National Fire Protection Associa- tion, on file in the -P1arrrrrrng-Hegartmerrt, BUILDING DIVISION, are here- by referred to and made a part hereof as if fully set out in this Chapter. 8-3.102. Deletion of Certain Parts of 'the National Electrical Code. The following portions of the "National Electrical Code" , 1987 Edition are hereby deleted: (a) Article 310 , and all related references. 8 .3.103. Adoption of Certain Parts of the National Electrical Code. The following portions of the "National Electrical Code" , , 1981 Edition are hereby adopted: (a) ARTICLE 310, AND ALL RELATED REFERENCES. -7- • 0 TITLE 8 - BUILDING REGULATIONS Chapter 4. Plumbing Code 8-4. 101. Adoption of Uniform Plumbing Code. Certain documents marked and designated as the "Uniform Plumbing Code" , including all appendices, 1988 1985 Edition, published by the International Associa- tion of Plumbing and Mechanical Officials, and as "IAPMO Installation Standards" , 1988 1985 Edition, published by the International Associa- tion of Plumbing and Mechanical Officials, are hereby adopted for reg- ulating the erection, installation, alteration, addition, repair, re- location, replacement, maintenance or use of any plumbing system. Each and all of the regulations, provisions, conditions, and terms of such "Uniform Plumbing Code" , 1988-1985 Edition, and "IAPMO Installa- tion Standards" , -1982-1985 Edition, published by the International Association of Plumbing and Mechanical Officials, AND THE INTERNA- TIONAL ASSOCIATION OF BUILDING OFFICIALS, 'on file in the-Planning--He- partment, BUILDING DIVISION, are hereby referred to and made a part hereof as if fully set out in this Chapter , except as otherwise pro- vided in this Chapter . 8-4 . 102. Deletion of Certain Parts of the Uniform Plumbing Code. The following portions of the "Uniform Plumbing Code, " -1982 1985 Edition, are hereby deleted: (a) Part l (Administration) , including Sections 10 .1-10 .5 and 20.1-20.14 (b) Table I-1, entitled "Location of Sewage Disposal System" (c) Section I-4 (Percolation Tests) (d) Section I-8 (Cesspools) (e) Table I-4, entitled "Design Criteria of 5 Typical Soils" (f) Table I-5 8-4. 103. Use of Plastic Pipe in Water Systems. PB, PVC and CPVC, as well as any other plastic pipe, shall not be used for hot and cold water distribution systems. Any reference to the approved use of such materials is hereby deleted. 8-4 .104. Building Sewers. The following requirements shall apply to building sewers and related drainage piping. Any reference to different standards in Table 4-3 or Chapter 11 of the Uniform Plumbing Code is hereby deleted. -8- (a) All building sewers shall be constructed with pipe of inter- nal diameter not less than four (4) inches, UNLESS A PIPE OF INTERNAL DIAMETER NOT LESS THAN THREE (3) INCHES IS DEEMED SUITABLE BY THE BUILDING OFFICIAL. (b) A clean-out shall be placed in every building sewer within five (5) feet of each building, at all changes in alignment or grade in excess of twenty-two and one-half (22 1/2) de- grees, within five (5) feet of the junction with the public sewer , and at intervals not to exceed one hundred (100) feet in straight runs. The clean-out shall be made by inserting a "Y" fitting in the line and fitting the clean-out in the "Y" branch in an approved manner . In the case of a clean-out near the junction of the public sewer , the "Y" branch shall be extended to a depth of not more than two (2) feet, nor less than one foot below the surface of the ground before the clean-out is installed. (c) Drainage piping serving fixtures located at an elevation of less than one foot above the nearest upstream manhole cover in the main sewer serving said fixtures shall drain by grav- ity into the main sewer, and shall be protected from backflow of sewage by installing an approved type backwater valve, and each such backwater valve shall be installed only in that branch or section of the drainage system which receives the discharge from fixtures located less than one foot above the nearest upstream manhole cover . 8-4.105. Private Sewage Disposal Systems. The design, installa- tion, operation and maintenance of private sewage disposal systems shall be in conformance with Appendix I of the Uniform Plumbing Code and with standards specified in this Section. Where specific stand- ards are not provided within this Title or where the Administrative Authority determines that higher requirements are necessary to main- tain a safe and sanitary condition, the "Manual of Septic Tank Prac- tice" (published by the United States Department of Health, Education and Welfare) , the "Design Manual - Onsite Wastewater Treatment and Disposal Systems" (published by the United States Environmental Pro- tection Agency) , "Guidelines for Mound Systems" (State Water Resources Control Board) , "Guidelines for Evapotranspiration Systems (State Water Resources Control Board) , and the "Water Quality Control Plan, Central Coast Basin" (adopted by the Regional Water Quality Control Board of the Central Coast Region) shall be used as guidelines by the Administrative Authority. (a) Percolation Test. An on-site investigation shall be made in order to determine the suitability of a particular site for a private sewage disposal system and to provide the data necessary to design a private sewage disposal system. A percolation test shall be required prior to issuance of a permit for all new or enlarged private sewage disposal sys- tems. The following percolation test procedure shall be used in performing percolation tests, except that other accepted test procedures may be used when approved by the Administra- -9- tive Authority. (1) Number and Location of Test Holes: A minimum of three separate test holes spaced uniformly through and located in the immediate vicinity of the proposed leach field site shall be made. (2) Type of Test Holes: The test hole shall have horizon- tal dimensions between 4 and 12 inches and vertical sides to the depth of the absorption trench. (3) Preparation of Test Hole: Smeared soil surfaces shall be removed from the sides and bottom of the test hole to provide a natural soil interface. All loose material shall be removed from the test hole. Two inches of coarse sand or fine gravel shall be added to the test hole to protect the bottom from scouring and sediment. (4) Soil Saturation and Swelling: The test hole is to be carefully filled to a depth ,of one foot above the gravel or sand with clear water which is to be kept in the hole for at least four hours but preferably overnight. This step may be omitted in sandy soils containing little or no clay. (5) Measurement of Percolation Rate: The percolation rate shall be determined twenty-four hours after water is first added to the test holes; except, in sandy soils containing little or no clay, the percolation rate shall be determined after the water from one filling of the test hole has completely seeped away. (i) If water remains in the test hole after the over- night swelling period, adjust the depth to approxi- mately six inches over the gravel or sand and, from a fixed reference point, measure the drop in water level over a thirty minute period to calculate the percolation rate. (ii) If no water remains in the test hole after the overnight swelling period, add clear water to bring the depth of water in the test hole to approximate- ly six inches over the gravel or sand. From a fixed reference point, measure the drop in water level at approximately thirty minute intervals over four hours refilling six inches over the gravel or sand as necessary. The drop that occurs during the final thirty minute period is used to calculate the percolation rate. The drops during prior periods provide information for possible modification of the test procedure to suit local conditions. -10- (iii) In sandy soils (or in other soils in which the first six inches of water seeps away in less than thirty minutes after the overnight swelling peri- od) , the time interval between measurements shall be taken as ten minutes and the test shall run for one hour with the drop during the final ten minutes being used to calculate the percolation rate. (6) Deep Boring: A soil boring, to a minimum depth of ten (10) feet below the bottom of the absorption trench, shall be made in order to determine the presence of bedrock and/or ground water. (b) General Design Standards: The following standards shall be used in the design of new or enlarged private sewage disposal systems where the percolation rate does not exceed 60 min- utes per inch. (1) Determination of Size of Absorption Area: The absorp- tion area, measured in lineal feet of absorption trench, shall be calculated as set forth in this Section. Tables 4-1 (Absorption Area Requirements) and 4-2 (Standard Trench Adjustment Factors) , included in this Subsection, shall be referred to as necessary. (absorption area per bedroom)X no. of bedrooms) X (standard (width of trench, in feet) trench adjust- ment factor) factor) TABLE 4-1. Absorption Area Requirements. Percolation Rate Absorption Area Per Bedroom (Minutes/Inch) (Square Feet) 0- 9 150 10 165 11-15 190 16-20 215 21-25 230 26-30 250 31-35 270 36-40 285 41-45 300 46-50 315 51-60 330 -11- • • �1> TABLE 4-2. Standard Trench Adjustment Factor Depth of Gravel Below Pipe Trench Width (in inches) (in Inches) 12 18 24 30 36 42 48 54 60 12 .75 . 78 .80 .82 .83 . 85 .86 . 87 . 87 18 .60 .64 .66 .69 .71 .73 .75 .77 .78 24 . 50 . 54 . 57 . 60 . 62 . 64 .66 . 68 . 70 30 .43 .47 .50 .53 .55 .58 .60 .62 .64 36 .37 .41 .44 .47 . 50 . 52 . 54 . 56 . 58 42 .33 .37 .40 .43 .45 .48 .50 .52 .54 48 . 30 . 33 .36 .39 .42 . 44 .46 .48 . 50 1. For trenches not shown in Table 4-2, the standard trench adjust- ment factor may be computed as follows: W + 2 W + 1 + 2D Where W = width of trench (in feet) D = depth of gravel below pipe (in feet) (2) Location of Private Sewage Disposal Systems: The min- imum distance between components of a private sewage . disposal system and other site features shall be as set forth in Table 4-3 (Horizontal Distance Separation) and and Table 4-4 (Vertical Distance Separation) . Where physical limitations on a site preclude conformance with distance separation requirements, the Administrative Authority may approve a lesser separation when the de- sign is prepared by a registered engineer competent in sanitary engineering and when adequate substantiating data is submitted with the design. The Administrative Authority shall not approve a separation less than that set forth in the "Water Quality Control Plan - Central Coast Region" unless the Regional Water Quality Control Board or its designated representatives have previously approved the design. -12- TABLE 4-3. Horizontal Distance Separation (in feet) Building Septic Leach Field Seepage Sewer Tank or Seepage Pit Bed (1) (1) Buildings or structures, in- 2 5 8 8 cluding porches, steps, breeze- ways, patios, and carports whether covered or not (2) Property Line Clear 5 5 10 (3) Water Supply Well 50 50 100 150 Streams, when shown on 7 1/2 50 50 100 100 minute USGS Map and when a defined channel with definite bed and banks exists Swales, ephemeral draws, or 50 50 50 50 other natural watercourses with drainage areas larger than 10 acres Trees -- 10 -- 10 Seepage Pits -- 5 5 12 Leach Field or Seepage Bed -- 5 6 5 (4) On-site domestic water service 1 5 5 5 line Distribution Box -- -- 5 5 (5) Pressure Public Water Main 10 10 10 10 Sloping ground, cuts, or other -- -- 156) 156) embankments (7) (7) Reservoirs, including ponds, 200 200 200 200 lakes, tanks, basins, etc. for storage, regulation and con- trol of water , recreation, power , flood control or drinking Springs 100 100 100 100 (1) Distance separation shall be increased to twenty (20) feet when building or structure is located on a downward slope below a leach field, see pagebed or seepage pit. (2) See Section 315 (c) of Uniform Plumbing Code. (3) Distance separation may be reduced to twenty-five (25) feet when the drainage piping is constructed of materials approved for use within a building. -13- . . (4) See Section 1108 of Uniform Plumbing Code. (5) For parallel construction or crossings, approval by the Health Department shall be required. (6) Distance is measured as horizontal distance to daylight. This distance may be reduced where it is demonstrated that favorable geologic conditions and soil permeability exist based on a report and analysis prepared by a licensed geologist or soils engineer . (7) Distance is measured at spillway elevation. (1) TABLE 4-4. Vertical Distance Separation (in feet) Leach Field or Seepage Seepage bed Pit Ground water 5 10 Bedrock 10 4 1. Distance is measured from bottom of trench or pit. (3) Additional Standards: (i) Existing legal building sites which are served by an individual on-site well may be approved for a private sewage disposal system only if the site is one acre or larger in size. (ii) Private sewage disposal systems proposed to be in- stalled on slopes of 20% or more shall be designed by and have their installation inspected and certi- fied by a registered civil engineer. The design shall minimize grading disruption associated with access for installation and maintenance. Such systems shall be prohibited on slopes of 30% or more, UNLESS APPROVED BY BOTH THE ADMINISTRATIVE AUTHORITY AND THE REGIONAL WATER QUALITY CONTROL BOARD. (iii) When the percolation rate exceeds 30 minutes/inch, a private sewage disposal system shall be designed, inspected, and certified to work by a registered civil engineer. (iv) When the percolation rate exceeds 60 minutes/inch, a private sewage disposal system using soil absorp- tion shall not be allowed. (v) When the percolation rate exceeds 30 minutes/inch, a private sewage disposal system using a seepage pit shall not be allowed. (vi) Expansion area shall be provided on all building sites, shall be identified on all plans submitted -14- for private sewage disposal systems, and shall re- main available for system expansion. If areas re- served for system expansion are not accessible for future installation, then the expansion area shall be installed with the original system. (c) Special Design Standards. The following standards shall be used in the design of new or enlarged private sewage disposal systems where the percolation rate exceeds 60 minutes per inch. Designs for alternate types of private sewage disposal systems shall be by registered engineers competent in sani- tary engineering and may be approved by the Administrative Authority when the design engineer submits adequate substan- tiation data with the design. (1) Determination of Size of Disposal Field: The size of the disposal field shall be determined by the design engineer using methods of accepted engineering practice including manuals and documents specified in this Chapter. (2) Location of Private Sewage Disposal Systems: The min- imum distance between components of a private sewage disposal system and other site features shall be as set forth in Table 4-3 (Horizontal Distance Separation) and Table 4-4 (Vertical Distance Separation) using the col- umn entitled "Leach Field or Seepage Bed. " (3) Additional Standards: (i) When private sewage disposal systems are designed pursuant to Subsection (c) of the Section, the de- sign engineer shall provide the owner with infor- mation on the location, design, operation and maintenance of the private sewage disposal system. A--eove}aa.jt--,shall--also-be--reEomrded-pr_jQr_te--fiija3- appcaea-1-o-f-the--sysaam-- iadiea leg--e-ie--wade--and- location__of__the__design__angineer__and- i�dieatiag_ where-the-above-la€®.1matleR-Gan-be-seen-red,- ( ii) Existing legal building sites which are served by an individual on-site well may be approved for a private sewage disposal system only if the site is one acre or larger in size. (iii) Expansion area shall be provided on all building sites, shall be identified on all plans submitted for private sewage disposal systems, and shall re- main available for system expansion. If areas reserved for system expansion are not accessible for future installation, then the expansion area shall be installed with the original system. -15- (d) Replacement of Existing Private Sewage Disposal Systems. Where an existing private sewage disposal system has failed, the replacement system shall be designed in conformance with this Chapter and shall be designed, INSPECTED AND CERTIFIED TO WORK by a registered engineer competent in sanitary engi- neering. In the event that the replacement system cannot be designed to conform with this Chapter , the Administrative Authority may approve a system designed to lesser standards when it is designed, inspected, and certified to work by a registered engineer competent in sanitary engineering. (1) A private sewage disposal system shall not be replaced by another system if sewers are available. (2) The Administrative Authority shall not approve a re- placement system which does not conform with prohibi- tions set forth in the "Water Quality Control Plan - Central Coast Basin" unless the Regional Water Quality Control Board or its designated representatives has previously approved the design. The Administrative Authority may authorize a temporary means of sewage disposal pending such approval. -16- TITLE 8 - BUILDING REGULATIONS Chapter 5. Mechanical Code 8-5.101. Adoption of Uniform Mechanical Code. Certain documents marked and designated as the "Uniform Mechanical Code" , including all appendices, 1982-1985 Edition, published by the International Associa- tion of Plumbing and Mechanical Officials, are hereby adopted for reg- ulating and controlling the design, construction, installation, qual- ity of materials, location, operation and maintenance or use of heat- ing, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances. Each and all of the regulations, provisions, conditions and terms of such "Uniform Mechan- ical Code" , 1982 1985 Edition, published by the International Associa- tion of Plumbing and Mechanical Officials AND THE INTERNATIONAL CON- FERENCE OF BUILDING OFFICIALS, on file in the Planning-Bepartment; BUILDING DIVISION, are hereby referred to 'and made a part hereof, as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-5.102. Deletion of Certain Parts of the Uniform Mechanical Code The following portions of the "Uniform Mechanical Code, " 1982 1985 Edition, are hereby deleted: (a) Chapter 1 (Title, Scope and General) , including Sections 101-107 (b) Chapter 2 (Organization and Enforcement) , including Sections 201-204 (c) Chapter 3 (Permits and Inspections) , including Sections 301- 306 and Table No. 3-A (D) CHAPTER 5 (HEATING, VENTILATING AND COOLING) SECTION 509. A 120 VOLT RECEPTACLE SHALL BE LOCATED WITHIN 25 FEET OF THE EQUIPMENT FOR SERVICE AND MAINTENANCE PURPOSES. 8-5 .103. Installation of Liquefied Petroleum Gas-burning Appli- ances. The following shall be added to the last paragraph of Sec- tion 504 (Installation) : . . . . "When appliances so fueled are located in underfloor or attic areas, provision shall be made to drain the appliance to the out- side of the building. " LPG LINES ARE PROHIBITED UNDER CONCRETE SLABS. -17- TITLE 8 - BUILDING REGULATIONS Chapter 6. Swimming Pool, Spa and Hot Tub Code 8-6.101. Adoption of Uniform Swimming Pool, Spa and Hot Tub Code Certain documents marked and designated as the "Uniform Swimming Pool, Spa and Hot Tub Code" , -1982-1985 Edition, published by the Interna- tional Association of Plumbing and Mechanical Officials, are hereby adopted for regulating the erection, installation, alteration, addi- tion, repair, relocation, replacement, maintenance or use of any swim- ming pool, spa or hot tub plumbing system. Each and all of the regu- lations, provisions, conditions, and terms of such "Uniform Swimming Pool, Spa and Hot Tub Code" ,-1988-1985 Edition, published by the In- ternational Association of Plumbing and Mechanical Officials, on file in the Planning-Bepartment; BUILDING DIVISION, are hereby referred to and made a part hereof as if fully set out in this Chapter . 8-6 .102. Deletion of Certain Parts of the Uniform Swimming Pool, Spa and Hot Tub Code. The following portions of the "Uniform Swim- ming Pool, Spa and Hot Tub Code. " 1882-1985 Edition, are hereby de- leted: (a) Part 1 (Administration) including Section 1.0-1.9 and 1.11-1.18 8-6.103. Swimming Pool Defined. The definition of a swimming pool in Section 102 of the "Uniform Swimming Pool, Spa and Hot Tub Code, " i�$-2-1985 Edition, shall be revised to read as follows: "Swimming Pool - Any constructed or prefabricated pool used for swimming or bathing. " -18- TITLE 8 - BUILDING REGULATIONS Chapter 7. Sign Code 8-7.101. Adoption of Uniform Sign Code. Certain documents marked and designated as the "Uniform Sign Code, " --l88-2- 1985 Edition, pub- lished by the International Conference of Buildng Officials, are here- by adopted for regulating the design, quality of materials, construc- tion, location, electrification, and maintenance of all signs and sign structures. Each and all of the regulations, provisions, conditions and terms of such "Uniform Sign Code" , 1482-1985 Edition, published by the International Conference of Building Officials, on file in the �i�ti ��g--�eptirtmer►t; BUILDING DIVISION, are hereby referred to and made a part hereof as if fully set out in this Chapter , except as otherwise provided in this Chapter. 8-7.102. Deletion of Certain Parts of the Uniform Sign Code. The following portions of the "Uniform Sign Code" , 1982 1985 Edition, are hereby deleted: (a) Chapter 1 (Title, Scope and Enforcement) , including Sections 101-103 (b) Chapter 3 (Permits, Fees and Inspections) , including Sections 301-306 (c) Section 1401 (Temporary Signs - General) -19- i • TITLE 8 - BUILDING REGULATIONS Chapter 8. Fire Code 8-8.101. Adoption of Uniform Fire Code. Certain documents marked and designated as the "Uniform Fire Code" , including Appendix Chapter I-A (Life Safety Requirements for Existing Buildings) , Chapter I-B (Stairway Identification) , Chapter II-A (Suppression and control of Hazardous Fire Areas) , Chapter II-B (Protection of Flammable or Com- bustible Liquids in Tanks in Locations That May Be Flooded) , Chapter II-D (Rifle Ranges) , Chapter III-A (Test Procedures for Fire Extin- guishing Systems) , Chapter III-B (Basement Pipe Inlets) , Chapter III-C (Fire Alarm Systems), Chapter IV-A (Interior Floor Finish) , Chapter V-A (Nationally Recognized Standards of Good Practice) , and Chapter VI-A (Emergency Relief Venting for Fire Exposure for Aboveground Tanks) , 1982 Edition, and the "Uniform Fire Code Standards" , 4.95-2-1985 Edition, are hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or ex- plosion. Each and all of the regulations, provisions, conditions, and terms of such "Uniform Fire Code" , 399-2-1985 Edition, and the "Uniform Fire Code Standards" , 1982-1985 Edition, published by the Western Fire Chiefs Association and the International Conference of Building Of- ficials, on file in the -P4.amm4ng-E)ep-aT+_meet BUILDING DIVISION are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 10 8-8. 102. Deletion of Certain Parts of the Uniform Fire Code. The following portions of the "Uniform Fire Code" , 4.98-2- 1985 Edition,are hereby deleted: (a) Section 2. 302 (Board of Appeals) 8-8 . 103. Board of Appeals. In order to provide for interpreta- tion of the provisions of the Chapter and to hear approvals provided for hereunder , the Board of Appeals established pursuant to Section 8-1. 103 shall govern. Procedures specified by Section 8-1.103 (c) shall be followed. 8-8. 104. Alarm Signal . Defined. The definition of an alarm signal in Section 4 of Appendix III-C, shall be revised as follows: " (c) Alarm Signal IS AN AUDIBLE OR VISUAL SIGNAL, OR BOTH, IN- DICATING THE EXISTING OF AN EMERGENCY FIRE CONDITION. Aud- ible devices may be bells, horns, chimes, speakers or simi- lar devices but no audible alarm shall conflict with the response of emergency vehicles or civil defense systems. Under no circumstances shall sirens of wail, yelp or hi-lo 18 soundings be used. All devices shall be approved by the Police and Fire Chiefs. " -20- • i 8-8.105. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED. THE LIMITS REFERRED TO IN SECTION 79. 501 OF THE UNIFORM FIRE CODE IN WHICH THE STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IS PROHIBITED ARE HEREBY ESTABLISHED AS THE CITY LIMITS OF THE CITY OF ATASCADERO. THIS SECTION SHALL NOT APPLY TO STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN ABOVEGROUND VAULTS AS APPROVED BY THE FIRE DE- PARTMENT. 8-8.106. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENS IS PROHIBITED. THE LIMITS REFERRED TO IN SECTION 77.106 (B) OF THE UNIFORM FIRE CODE, IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS PROHIBITED, ARE HEREBY ESTABLISHED AS THE CITY LIMITS OF THE CITY OF ATASCADERO. 8-8 .107. ESTABLISHMENT OF LIMITS IN WHICH STORAGE OF LIQUIFIED PETROLEUM GASES IS RESTRICTED. THE LIMITS REFERRED TO IN SECTION 82. 105 (A) OF THE UNIFORM FIRE CODE, IN WHICH STORAGE OF LIQUIFIED PE- TROLEUM GAS IS RESTRICTED, ARE HEREBY ESTABLISHED AS THE CITY LIMITS OF THE CITY OF ATASCADERO. 8-8.108. AUTOMATIC FIRE EXTINGUISHING SYSTEMS. SECTION 10 .308 (A) SHALL BE REVISED TO READ AS FOLLOWS: SECTION 10. 308 (A) WHERE REQUIRED. AN AUTOMATIC FIRE EXTINGUISHING SYSTEM SHALL BE INSTALLED: 1. IN ALL NEW BUILDINGS OR STRUCTURES HAVING A TOTAL FLOOR AREA OF 10 , 000 SQUARE FEET OF GROSS AREA OR MORE. 2. IN ALL EXISTING BUILDINGS OR STRUCTURES WITH A TOTAL FLOOR AREA EXCEEDING 10, 000 SQUARE FEET WHICH UNDERGO ADDITION IN EXCESS OF 25% OF THE ORIGINAL FLOOR AREA. 3. IN THE OCCUPANCIES AND LOCATIONS AS SET FORTH IN THIS SEC- TION. FOR PURPOSE OF THIS SECTION, THE TOTAL FLOOR AREA SHALL BE COMPUTED WITHOUT REGARD TO AREA SEPARATION WALLS AND FLOORS OF LESS THAN 4-HOUR FIRE RESISTIVE CONSTRUCTION AS DEFINED IN THE UNIFORM BUILDING CODE. FOR SPECIAL PROVISIONS ON HAZARDOUS CHEMICALS AND MAGNESIUM, AND CAL- CIUM CARBIDE, SECTIONS 10. 301 AND 45 .209 AND ARTICLES 48, 49, AND 80. 8-8 . 109. FIRE RETARDANT ROOFING MATERIALS REQUIRED. ROOF COVER- INGS FOR ALL NEW BUILDINGS AND FOR ANY RE-ROOFING OF EXISTING BUILD- INGS SHALL BE NO LESS THAN CLASS C, REGARDLESS OF BUILDING TYPE OR OCCUPANCY. ANY REFERENCE TO THE APPROVED USE OF ROOFING MATERIALS WITH LESS THAN A CLASS C RATING IS HEREBY DELETED. -21- TITLE 8 - BUILDING REGULATIONS Chapter 9. Housing Code 8-9 .101. Adoption of Uniform Housing Code. Certain documents marked and designated as the "Uniform Housing Code" , -1-98-2 1985 Edi- tion, published by the International Conference of Building Officials, are hereby adopted for regulating the use and occupancy, location and maintenance of residential buildings and structures. Each and all of the regulations, provisions, conditions and terms of such "Uniform Housing Code" , 1982 1985 Edition, published by the International Con- ference of Building officials, on file in the -P1aasleg--�e�a �ne� � BUILDING DIVISION, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-9.102. Deletion of Certain Parts of the Uniform Housing Code. The following portions of the "Uniform Housing Code" , -198-2- 1985 Edition, are hereby deleted: (a) Section 203 (Housing Advisory and Appeals Board) 8-9 .103. References to Building Code. References made in Chap- ters 1, 2 and 3 of the "Uniform Housing Code" , 1982-1985 Edition, to . various administrative sections and chapters of the Building Code shall mean the corresponding sections and chapters of Chapter 1 of this Title. 8-9.104. Appeals Board. In order to provide for interpretation of the provisions of this Chapter and to hear appeals provided for hereunder , the Board of Appeals established pursuant to Section 8-1. 103 shall govern. References to the Housing Advisory and Appeals Board in the Uniform Housing Code shall mean the Board of Appeals es- tablished pursuant to Section 8-1.103. Procedures specified by Sec- tion 8-1.103 (c) shall be followed except where additional procedures are required by this Chapter . 8-9 .105. Time Limits for Appeals. The following portions of the "Uniform Housing Code" , 1982 1985 Edition, are modified as specified: (a) Section 1101 (b) (5) is amended to change the appeal time from "30 days" to "14 days. " (b) The last paragraph of Section 1201 (a) is amended to read as follows: "The appeal shall be filed within 14 days from the date of service of such -notice or action of the Building Official. " -22- 0 • TITLE 8 - BUILDING REGULATIONS Chapter 10. Dangerous Buildings Code 8-10.101. Adoption of Uniform Code for the Abatement of Dangerous Buildings. Certain documents marked and designated as the "Uniform Code for the Abatement of Dangerous Buildings" , -3�9$-2- 1985 Edition, published by the International Conference of Building Officials, are hereby adopted for regulating the repair, vacation or demolition of buildings or structures which may endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants. Each and all of the regulations, provisions, conditions and terms of such "Uniform Code for the Abatement of Dangerous Build- ings" , 3-982-1985 Edition, published by the International Conference of Building Officials, on file in the BUILDING DIVI- SION, are hereby referred to and made a part hereof as if fully set out in this Chapter . 8-10 .102. The following is added to Section 202. AS AN ALTERNA- TIVE, IF IN THE JUDGEMENT OF THE BUILDING OFFICIAL OR OTHER EMPLOYEE OR OFFICIAL OF THIS JURISDICTION AS DESIGNATED BY THE GOVERNING BODY, MAY INSTITUTE ANY OTHER APPROPRIATE ACTION TO PREVENT, RESTRAIN, CORRECT OR ABATE THE VIOLATION. 8-10.102- 3. Deletion of Certain Parts of the Uniform Code for the Abatement of Dangerous Buildings. The following portions of the "Uniform Code for the Abatement of Dangerous Buildings" , -1942- 1985 Edition, are hereby deleted: (a) Section 205 (Appeals Board) 8-10. 103- 4. References to Building Code. References made in Chap- ters 1 and 2 of the ."Uniform Code for the Abatement of Dangerous Buildings" , 196-2- 1985 Edition, to various administrative sections and chapters of the Building Code shall mean the corresponding sections and chapters of Chapter 1 of this Title. 8-10 .104- 5. Appeals Board. In order to provide for interpretation of the provisions of this Chapter and to hear appeals provided for hereunder ,. the Board of Appeals established pursuant to Section 8-1. 103 shall govern. Procedures specified by Section 8-1.103 (c) shall be followed except where additional procedures are required by this Chapter. 8-10.109- 6. Time Limit for Appeals. The following portions of the "Uniform Code for the Abatement of Dangerous. Buildings" , -1582- 1985 Edition, are modified as specified: -23- (a) Section 401 (b) (5) is amended to change the appeal time from "30 days" to "14 days. " (b) The last paragraph of Section 501 (a) is amended to read as follows: "The appeal shall be filed within 14 days from the date of service of such notice or action of the Building Official. " i -24- M::ETiU,. AG-E r DAT� ►�c�n M E M O R A N D U M TO: City Council VIA: Michael Shelton, City Manager NA_ FROM: Ed Nolan, Chairperson, Atascadero Planning Commission BY: Henry Engen, Community Development Director Vkf, SUBJECT: Status report on lack of progress with the U.S. Postal Service regarding lack of compliance with the City' s site and off-site development standards . At the City Council ' s and Planning Commission' s joint meeting on September 24th, we shared concern over the lack of compliance of the Postal Service' s new facility in South Atascadero with City standards . Subsequently, the Commission directed the attached communication to representatives William Thomas and Leon Panetta, and Senators Wilson and Cranston, noting the City' s concern with the lack of participation in the traffic signal and lack of compliance with health and safety requirements such as sprinkler systems . Essentially, these concerns were outlined in an August 28, 1986 letter (see attached) review of the site plan indicating what a private project would be required to provide as a condition of development within the community. There subsequently were a number of contacts - especially by Congressman Thomas ' office - seeking to arrange an understanding and a meeting between the Postal Service representatives and City personnel and officials . We have recently been advised by David Anderson, who is manager for support services for this region for the U. S. Postal Service, that there is no money or contingency funds that could be utilized for contributions towards the traffic signal or for fire suppression needs and that a meeting would not be useful . We are also advised that there are no appeal processes for dealing with this matter and that their staff would have to initiate the appeal on a finding that they had overlooked or underestimated a project need. They noted that a $1 . 2 billion cut in the U.S. Postal Service' s budget has precluded any funds being available to comply with local development standards . At the Commission' s meeting of February 2nd, a determination was made to refer this issue to the City Council for consideration and initiation of other possible initiatives . The commission recommended withholding all utility service, including sewer • service, and possibly the imposition of an injunction precluding occupancy pending resolution of these issues . The Commission strongly feels that the facility will generate inordinate traffic impacts on the area and that the Post Office has not been forthcoming in. recognizing same and working with the community to i resolve the problem, including allowing for circulation through the property. As proposed they will force all traffic coming from E1 Camino Real to exit back on to E1 Camino Real. In any event it is the consensus of the Commission that Council action be requested to deal further with this matter and we would appreciate your consideration at the February 9 , 1988 meeting. Enclosures : December 14 , 1987 Letter to Project Manager November 6 , 1987 Letter to Congressmen & Senators August 28, 1986 Letter to Project Architect cc: Planning Commission Mike Hicks, Fire Chief ADMINISTRATION BUILDING • ,�� POST OFFICE BOX 747 ATASCADERO. CALIFORNIA 93423 POLICE DEPARTMENT PHONE: (805) 466-8000 POST OFFICEBOX747 ATASCADERO, CALIFORNIA 93423 CITY COUNCIL PHONE: (805) 466-8600 CITY CLERK aseadel& CITY TREASURER INCORPORATED JULY 2, 1979 ~ ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT .y. 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCADERO, CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (805) 466-2141 December 14, 1987 Mr. Shane Yanagisawa Project Manager =. IFSO 4• 13031 W. Jefferson Boulevard Inglewood, CA 90311-9202 SUBJECT: Atascadero Post Office: 9800 E1 Camino Real - - Dear Mr. Yanagisawa: Pursuant to our discussion, I am enclosing a copy of the letter sent by the Planning Commission to Congressional representatives serving our area. Also enclosed is a copy of the August 28, 1986 correspon- dence sent to your architect, Richmond, Rossi and Montgomery relative • to conditions of approval that would be attached to your project were it a private development. With respect to a traffic signal condition, the dollar figure quoted in the letter was based on the subsequent fee schedule (also enclosed) based on $43.46 per ADT. This is higher than proposed condition #5 in our 1986 communication. Normally the traffic signal contribution is negotiated based upon a special study to determine the impact of a specific facility on a specific intersection. Absent such negotia- tion, the City Engineer ' s office provided us with the ADT based figure to reflect the scope of the impact of the post office. Should you have any further questions, please call. Sincerely, Henry Enge Community Development Director HE:ps Enclosures: November 6, 1987 letter to Senator Cranston August 28, 1986 letter to Richmond, Rossi & Montgomery Development Fee List 2 ADMINISTRATION BUILDING I POST OFFICE BOX (./✓� MENT L"'—�" '^y / v. ATASCADERO. CALIFORNIAIA 93423 PHONE: (8051 466-8000 - - X 747 A IRNIA 93423 CITY COUNCIL -8600 CITU CLERK " Sea��Q.�. CITY TREASURER C`J%f CITY MANAGER INCORPORATEDJULY ADMINISTRATIVE SERVICES DEPARTMENT• / [ ✓v( c.�•4_/ ENT COMMUNITY DEVELOPMENT DEPARTMENT ENUE PUBLIC WORKS DEPARTMENT 4�� ! �RNIA 93422 Y PARKS AND RECREATION DEPARTMENT - -2142141 November 6, 1987 Senator Allen Cranston C/O 45 Polk San Francisco, CA 94102 Honorable Senator Cranston: This is to request your support to insure that the new U.S. Post Of- fice, being constructed in our City, complies with the development standards required of similar construction in the private sector. The City was not in agreement with the. site selected, which did not conform with the City' s General Plan or zoning, but we recognized that the Federal Government can supersede local zoning rules. What we do not understand, however , is how the post office can develop in a com- munity and exempt themselves from mitigating the impacts of such de velopment. In a recent joint study session with the City Council, one of the ma- jor items of discussion was the fact that the post office, following staff indication of conditions that would be required of a private project, has proceeded to largely ignore City standards. The biggest single issue is their unwillingness to contribute towards traffic sig- nals, with the primary impact being Santa Rosa and E1 Camino Real. As a major traffic generating use, we estimate that the post office would have to contribute $147, 000 towards this needed improvement. For ex- ample, the adjoining property which was recently improved was required to contribute to this traffic signal. Other conditions that we have desired, is the undergrounding of utility lines and provision of an automated sprinkler system. On behalf of the Planning Commission, we can well understand that the Federal Government has certain prerogatives over local government, but we do not believe that they should exempt themselves from reasonable safety-related standards common to any development. Your assistance in investigating this matter would be greatly appreciated. Sincerely, Ed Nolan, Chairman • Atascadero Planning Commission HE:ph ADMINISTRATION BUILDING - ti CITY ATTORNEY POST OFFICE BOX 747 t` POST OFFICE BOX 606 } ATASCADERO,CALIFORNIA 93423 a ' t ,+ 'ATASCADERO,CALIFORNIA 93423 PHONE (805) 466 8000 - r t — h x PHONE: (805)466-4422 _ s k } x ; r ITY COUNCIL , . � a ta.sc�c�e � r: ..CITY CLERK - •r t �y,-� r 4,. POLICE DEPARTMENT CITY TREASURER r INCORPORATED JULY 2. 1979 J t „ POST OFFICE BOX 747 l ..,CITY MANAGER s ..mit ATASCADERO. CALIFORNIA 93423 r . . s r , �` PHONE: (805) 466-8600 ( *`" ADMINISTRATIVE SERVICES DEPARTMENT _ vl t v Y" ; ,�• � * >: ',. COMMUNITY DEVELOPMENT DEPARTMENT ".PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT $ PARKS AND RECREATION DEPARTMENT . 6005 LEWIS AVENUE z. W +F ,4 �� t i i �, - < ry+ - ^k � 1' +- .,ATASCADERO.CALIFORNIA 93422 t { \ h ¢ ,•�' +Y'.: "�dty ..v a + i+ PHONE (8051 466-2141 rl d '!t*j y 7 -�;e 6 {� a*:.• 0-�, 1 h{ FJ :+j F 4. i ":r .t•�7 v '+. ,,`r$��a.+*• f + Y !l T l k asxtt °,,�„�=1',4August¢28, tJ� „'�;4 tf a1? "�2tAY+ _:.y��y., r. �' \ +x4 :-� s t t t '-i;+yc{ �' � arw t ''.Ci 5 �'” < �'+1 K• aS` .:i} :a �t Jr t�1 •� ,a.e--m- Y-� � "s !'�'� �} `r y,�r t !+ a,rel��-4�. s� �>. �. a 1. ;t aJ' . 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E' , ,7h d r,-xs* + r.a3} d -s A"4q..0 i ?u z� :Richmond, 'Rossi, and Montgomery 3r :, �,h. � � , ` � 416 Higuera Street q x p t 1 ;. vc rr x r ti��..t.fa k'i P 4 x. i s'--�la b t C v�Ti'"1�' s„t y,u •.!if 44��,'//''� :�. t d ,s r= �� ' San` Luis Obispo' -CA 93401 � �nf��. r°YI3. * Attention Bob Kitamura �r? �" x ^� � 1 � � ik, e a��'ks0i�sJlder sJ .. 2 r. ttr tnr 'A74b:�S S a #r'�`,• ' A?r"n4S1?.7+ Q4 ,�.f' t+,� '+�i, �wy .ri� a s2 sex �d T��t�t' '"k�tAF' rf.�,I�k '+f�'`'"•�� s' �.s� rrs�r�a�:RE Precise Plan "Post Office - I "3 � �T4 J.t � Y1_-1(111 iwt�yk §�+ "e 1 Hca n 4 h : u9800 E1 Camino- Real h �9 �$a% � Ali 3 ,, .x R sa4 >•sr ' Y", 'Mr , ,oE�r•.� u`.e+{ + 7:.:� + �, ,:r t 2� g c } q, f s�1 ,.* yah`: ,ay ,Z. Fakir. ,v,,a.< y. tr *'1wYS� S� µA '�r:Dear 'Mr.­Ki tamura• r e �➢-1 k €� k- f a fJ t.,x.2b � r +�' a �s ���� ��. ���'�.. � '-nr�."kipY:,.f��'��3-t' ,,�,fj e.r ,-1'.� .r �tr'li s f,.,.+ 3�*2 ✓�Wz _'^.�jc�� .4T '� stj.s `r•k tt3j. � ,� l � yT Y-<r r. e+ r.-$, :..:. .: (•- � .v ti �+� ,,, i a� g�i_t"'., .'�? C., �"�'�„` :� S- 4�' } The City of .Atascadero has received and reviewed your application as g XN z" f t were a private precise plan application for the construction ; of �> �a 22,544 square foot post office facility. F+tk ' ,µ t�, � r � ;j f 5 4a r�t� yFt, �"t�yr<t r4 yAr'-i} '('> s•. { The proposed site is zoned CT (Commercial Tourist) and the '.'proposed use ' would not have been allowable :r as a private application. The sur +ws 4K. rounding property to- the north is zoned the same as the subject site Property to the east is zoned RMF/16 (Residential Multiple Family, 16 : dwelling units per acre) . U.S. Highway 101 lies to the west while . land- to. the south is zoned Commercial Service. - -:'.j : -- --- _.'- .. :._•- ,..: :`.. � s - �t1 .• ,ft.iY ? .r ;. )t4� r�jf'fF`k�t' . The proposed precise plan, as shown on attach+ed Exhibit B (site plan) , ,t�°�-0" is proposed to be subject to the conditions - of approval listed in Exhibit D In the event you have a question with any of the proposed ,. . conditions us , s P lease contact kms $ Sincerely, vr Henry E Community Development Director y, HE:DD:ps - t ATTACHMENTS: Exhibit A - Location Map Exhibit B - Site Plan Exhibit C - Site Statistics F �. Exhibit D - Conditions of Approval Sections : 9-4. 124/9-4. 125 (a)/9-4. 129 of Zoning Ordinance t �N Jit- •% o . t er �� r j-.A1•. �L c 3 �s�P• _ 1": N1s� � ,�Cf�� 1 .,I = � • : _, 2a1•�tY ' a.,, 'S- PO/'rr�`. '`',�.=..r 1 / :> a`Ki�..vr)•f-1•l1-Y I ;S iai. '. r '• 7 Jr`'• ;K ,��� �� .'3.'?I. 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Y, •, .,''',^ .. -• 22 r�S•, r.-r as .__ f,s .,?a_ "5 'a .i ..� �: ') -EXHl6 17 A �+f-1 12 - •' - `+••` •+`� ;s ` k . as{1.'�F{ i a,Tlt' L�. }: 34 �, 1. k~.r •l4�2 i1� yam, t %ice• �r„ ' 237 ,,.v st r.7+•••�yri'w5•i: '-. y.r .• 22. + 5'"r.N B..•••r•..ti..-I�.Is,• �f.•tww...a» LOCAT'IDN RSA-2Y ; • ;`=�s��;: 4;-�Y :•.•...-�.m '- ' [ •\ 20 •�Q a: — Li q•L 1.<rr•a-,....,rc,ati lou 14 •a 111-1. '• _ Is '�� \9 —� ' - - - CITY OF ATASC E •1,1., 1 s ,-�;' �_—_ a ,Planning D epartmeI ', ,,,•1 '��I, �----•= `1� oe, IV3M ONIWbO 13 As A' y fit•. 1 a - V � I - .Yn n...•..� - '. .�_ o .`♦ - . ' y r t `.Q C'+Q► A+tt O.9i.►CN ® •� • /�— —.t "T"I 1 %'a �2''.'�'��i�a"',., �i - A tt • `i; I I �� i� d:_.�.-t- �i i ..II a;(1. 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T' _ a .w 1'+�w�+,itd4� •a,. Z. SS.j�-`rr�� 4r.•.�i � � s.. ."y K�h t � O � .:• + >: :at rk rr � . _ �.A+ 1.-h �� fi*'e �`b��?+'x.;,.'I. i k.4r{.s Y” f`ar',. � .. �'s .•y }' •i + =bqd c �}�4` `. t +lY �y 4r,rr a ! ••U►A ^,y I r CI�� i- , + i k slAs , t rt , • . Ft t � Qs`+ -t� 74x � 1� ♦ f -r ►. K--xR•:9C ••u• i'h3"' � 0, kr -.M} r� • �.j CL Lam- al I F r �'r -+HJT+g " iI 4 - ♦ 'rI :• tL - r o c+a C I 3 �q ,i'• 1 '`..•� W ouONQld - � •i I taco C • �:/ s �Q � .--gyp=y_-- � � . �y. _ I 1 Q, ¢/ iu I ' hV°9•a• Al.►9 .,gC.L CM • i 1, r'; - •/ `l _ • •• V�V O u\ate I � -'♦ fl•^f �. I w •i ♦ _ - _ _ w .. J Y Ob3 p — b evM33a� poi ' 3tl10F! AbA4HO1H ...� a F h N d ' t s { r y �? rt°'yt t�s s{`�l�a;, �` � 3`jt .- •�..! �'t� ! :!s k3 �Xi� 3 i AY2". -`3 kMs ,.. f Y tj vi STATISTICS .�; -TY ,+-�•.!f {,; . t�•:�3$f' 9 a,zhns � i s :;� ;y4�✓�'�zX p ROVIDED VAREA REQUIRED � .�r 'w! ''+r '� i�e+'r � Y fr YY� :.Fi x,e -:tl,* µ:� {{ �f� s f�• �}7' {c � ��a "+�-.fo �s9;�y;,.. - .v tit�':. r"�}.. � :•Y;r t', � `1i�(i4�``u�T'+�58� ��"'M �'k� i �.a i$„�,.. l :�..r��a•4i �.`��j' 6d'j- 1 ll ','' .1-.SJ'te Area k [ �. ,10193 82sf . 2649401 #}� a•,`�11�FG 4J,f��,rryt"f�t-},,y5�' S 'F ;a1} S s a �. t,.. t a� sf m '-�'��;�i 'JE "•'- "�`'x7ti� t -ari' i� ,1r F�� ! x x � `a: 1 � d t't T<+�Y i e �„ ,`sa 'ss !�y�Y,.. ^>��,�1_l�t? ��?�:r? �S�lfra 1 r » 3 S-exr����br•���`"��;t�.r�r�c�,r�.���Y'`'�.,�^��t��• ;� t � �` �:a 7 � ng Gross Area , 622 246sf � > ..'}y�}°.' *F ,.��y •�'�{��� -E-��S,,tpp.�r,�,.y. j"� '�.[v w 1...' - !s -.� ,#� -'��.`S�'F'1 `._�x»+1+`�d it`��ti..t t � ��,,ff > o ii s � a"Jj� C !'� �� .r y � •s' p �e }{ # K.� ,s. a 1' +.mux+.,td� M "'1 cl r `,g. 1 020sf rc xlt S44tr74 "�. t�j�,,-2yJna�,e�.i N^��.5 tx i ill '� x a$bar 7 i'1�` -F7 Fes` i.fwk, t i. h t �Y4 sF ,... Ilaaneuvering Area ' 10120sf r,�a �,��: l... � i .� 12 6 5 Osf yfi fY r py. �'r Y+�}'�"`d,F�t'Ifyy �7.r�P YY It 't � . t ., - °•S' !1 P Y tx t � �t S+F IS Y7Y i hS}y+4� �,t d r,Y rd! �:P ✓i>at�}� � t _ '3, tl ' at-tx' ,�•ls .i a` `' a �,S t a. '�F y}Carrier arrier.i Loading- . Slab goo Osf � 0 sf tt °t' ti^�7 * •.J� r � y.` ��*ax;. f:. s ;,l! �'` 3 ;.� 7 r t ky s��i ! 1, t ift���>� � ! t d�'}'F�!' kk..9hY�: � s tt Parking u +'r,�s 4tM4o}Y Customer 64&3 h,c. 73&3 t,4 �" r 5•ttiii.'"�.A z ' h.c. Y Employeet= , - _ 42&1 h.c. 4 2& 1 h.c. official 'A Carrier Parking ,20-1/4 tone - - .17. 1-1/2 ton Trash Container 360sf 360sf _ ._.__Future Expansion 50% 50% EXHIBIT G . � EXHIBIT 'DY` Conditions of `Approval , � � •. Precise 'Plan Review - Post Office 9800 El . Camino Real ti(Richmondr'Rossi, and Montgomery) ,Y!y fi- s7"+tr'• o t , = d �{ t` ! } E t k' t�� 3 .o ✓� d�ia'�t:"�•--r xy f� +l. y a.ti•. 7 _ -i. i �r ;. ,t S� E x,°f}f k ,� f� 1. `All construction shall be in conformance` with arevised Exhibit B f� A° "+1 complying (conditions of(site plan) , with ExhibitD appr > and -ordinances " ,'� ;and shall comply to all applicable City Codes and ordinances. t. a •.� t f ,:•+ .': ' -' ,. .'` 9 . }l+ r �..- , „ # , f ,; '-' f 7 + ���s �fi a�'�E t7 �i �+ 2. + Completelandscape and irrigation plans shall be submitted to, ° and "�A } A :,subsequently approved by, 'the Community -,,Development Department 'Fprior .to issuance of building permits ':(Section 9-4.124) , The fol ' s ;lowing items shall be noted or detailed on these plans 'f��as 5 4 �• `' :f � ♦ r a+ b<d ra v -fi f J-_._ `3`~�� ky L u`, 4' e' Wi�* 7r 16 k `txtt t s Mkt ttrbL s l e r 13 t ?f"„f 't� . 1'.�ta,!a. t, ;All areas including setbacks, parking lots,' and unused areas ' i'�rt� .> Section 9 4.125 (a) • #? � ; Y 2 rv."tsha111 be landscaped appropriately per h 4X F+"�1v;}•. a -'- ..r , '" E; _ `' < g -'+„ e v r ,rl;,i� kr +.;k �,•: r"P',aN^ e-xT} b �, -. '.,�','$ Concrete curbing, or a functional shall be equivalent, �i. f Y�vided too enclose all required landscaping. ar `r �Q,�f .�',��a�i't`r'`,k,"� ,'fY "�+,.,f:`y -. _- , , •- "" ”' ,j ' M' s `ii 7 r i,tir��f���-g•�PFyx��^,,�a°rju��'y existing trees with a diameter of eight V'T(8) in :ches o ,;more shall be shown. Trees which are to be removed shall be noted as such. d. Proposed landscaping shall be accompanied witha ,plantingy, �f schedule which includes species, container sizes', number of >. plants or flats, and the space distribution of ground covers �� •. .. ;' ., -. ;:, , '.; Vis.r n,,� _e .,A .trash enclosure shall be provided with appropriate details ;: per Section 9-4.129. Please note that the construction standards require the bottom of the trash enclosure area to '{ f`be concrete or an equivalent impervious material. f. Ten percent (10%) of the parking area shall be landscaped with shade trees approximately 30 feet on center. , s to 3 One fire hydrant shall be installed at the entrance to "thejl south driveway prior to on-site combustible construction. 4. Road improvement plans, prepared by a registered civil engineer, must be submitted to and approved by the Public Works Department prior to beginning work. These shall include the following: El Camino Real: The installation of curb, gutter , ten foot sidewalk, and drain- age outlet. The paveout from -existing A.C. pavement with adequate structural . section to edge of gutter .__ ` yt rontage Road: The installation of curb, gutter , five foot sidewalk, and drain age inlet. The paveout from existing A.C. pavement with adequate structural section to edge of gutter. The widening of the street 20 feet from centerline to curb face. traffic signal plan, prepared b 7a �registered traffictengineeer, r � shall be submitted to and approved by the Public Works Department k. prior to issuance of an encroachment permit. This shall include a V;,the installation of a traffic signal 'at E1 Camino Real '%.and Santa Rosa to be operational before the 'opening of the post office > A V ` reimbursemen t agreement shall be entered into, 'acceptable .'to theR ` : City Attorney and Public Works Director, to repay the Postal Ser +* ,(� vice ;60$ of the signal installationcoyst 4c ger , '����y$, Y( fit:,�4 �,d:'A�My-•�, .F�,;�t ..�>..Y�, , -.3-.;- - - .;'+'`N,'vy1+.hS+.. h yty�'y��l r :, y t,4 '�:,,i' s{ � x.'4.2 k�'yL(X_'.'F}.�r'�3`,.�`�i+�*-. 6. °`The applicant shall obtain an encroachment 'permit from the City of t ` Atascadero. An inspection agreement and a curb and gutter ° agree ,'{ y' ment - shall - be signed guaranteeing that the work will be done and gs ' ,inspections ections sh p paid for, prior to issuance of an encroachment 'permit a'7 The improvements shall be constructed as shown on the approved engineered plans and directed by the encroachment permit prior to ' final inspection. 7. Grading and drainage plans, prepared by a registered civil engin-' 14 ; - eer, must be submitted to and approved by the Public Works andb`i, 'Community Development Departments prior to beginning work. Drain- 'LJ-1 rain t: - age facilities shall be constructed to City standards with all { ` surface runoff to be conveyed under 'the sidewalk. The drainage _plan shall .provide for mitigating measures relieving any down ,; . , stream drainage problems or alternatively a stormwater detention . basin. If a detention basin is selected, the design shall be based upon a 100 year design storm, site developed, with the out- limited to a 10 year design storm, undeveloped site, and as required by the detention basin policy adopted August 12, 1985. The alternate selected must be acceptable to the Public Works Director. . In lieu of constructing a detention basin, the appli- cant may pay drainage impact fees per Ordinance #119 and Resolu tion 10-86. 8. A drainage maintenance agreement, acceptable to the City Attorney, shall be recorded with the deed to the parcel to guarantee main- tenance of the storm drainage system. 9. The applicant shall obtain a sewer connection permit from the Pub- lic Works Department prior to hooking up to the public sewer. 10. The site plan should be redesigned to allow customer traffic to cross the full site from Frontage Road to El Camino Real to alle- viate congestion on E1 Camino--Real. i f �` T.•r i Y - - S 1 11. Elevations were not provided for the Frontage Road facade, -' how- the ow the City has the following concerns: r "sa. Fµ Tire maximum height allowed for 'a 'building is 30 feet due the equipment limitations of ' the Fire Department. <<The freeway-oriented elevations should be as 'attractive t r,3a that proposed on El Camino Real. ' .The Frontage Road elevation and landscaping treatment should convey the appearance of front yard of a public facility with barbed wire removed and art ' L fy 1.f Yconsideration given to an alternative to chain _`1 ink fencing (or vinyl coated chain link fence'. . �,f�S� ��'Y•f ,�': 'i I a ,t�'Y�` f 1 '� J' '-f.,?(� 1l '4'"�i�. < y-zFit -� �_py 4'} s ..' ' 4 �.�3Y 3_ya�;? `:��"�,�'-.1.`' sg. 4K`r t? .t�"!L'<,!• f;L" , r .r. ` `: _•:' r i,„z. 'u.'`_..:3a a' n-'# r ,f_* Y r r•- �`*"'*�'.�' ArlAr,d 'y'`,',i � �w, - 5.1°. S� •L `� �}'h w� •,ifS_'i~'`� i <Y ,J, yz' �.'t.. i._ _ -� lYsi g�. arty k!:f s ,� ✓�'t�€�r:�� ii ?� t� t 3't.:yr� t -ria »�„y.r Paa.��,t{. r� w ,��4s��, Ns7 :;°F y ,� i'g� ✓ n .g ♦ yae�.•?_i 5,(.1-�L/+� �^- 4 ` '�, t,:.�,y,.Wir`6+.�.-iYar >�'xf S z5v�t�r��' ^k 4'iF�s•r-�� e'('3` � ej� d .'�� F t:.. ,G J � .?.4 x •J #n LJ •S.(• :+'`i! �'Y r r, "{*T "�kk 'tj�*• '' l.-�„"yx��.�yar,tti: '.1: cu.}.�'; � :tJ.t,r F� e};� .,:F��. � � z �{� r "��,t•i'n� :.J t,T.t.*�'<f a, �Z � �^'� i�� . Y �` +.'. t st, < _''.i a'S• T . ti. S a t. i✓ `£ 4+�a nv,f r yyw, a1._.:' -•,a<of 4A J, T A. A a - 7 � #-.. P r A+•� ( .,;'''�,`'�y`pp K� � e7* �av "�:r-r J;.•�o � _ +a 5gg-,a yt�d E.. $ .y .� u; 4 t���7 � .444^ +t y1'^{'f'�Yrf �b {^.�:J'� •.°1�{�ygF .. r f Yl.f #K ✓&'w sat t t �, r .:t lr�r�x;~` •�y yj .; F t ;r ? „6R,4. � y _ t y � f5 I.- tr{�_ J��t rrY;:ti'K ar s,d;,p 1. y " tr t-t,{i=Sj eX T a{z it Ar i • M E M O R A N D U M TO: City Council February 9, 1988 VIA: Michael Shelton, City Manager � FROM: Henry Engen, Community Development Director 4W.- RE: RE: Proposed New Subdivision Ordinance (Second Reading) BACKGROUND: On January 26, 1988, the City Council considered on first reading the proposed new Subdivision Ordinance. ' Following hearing, and with several refinements, Council passed proposed Ordinance No. 163 on first reading. These refinements have been incorporated into the attached draft. RECOMMENDATION• 1. Read by title only. 2. Approval of attached Ordinance No. 163 on second reading. HE:ph Attachments: Staff Report - January 12, 1988 Draft Ordinance No. 163 (revised) DA M E M O R A N D U M TO: City Council January 26 , 1988 VIA: Michael Shelton, City Manager L FROM: Henry Engen, Community Development Director W RE: Proposed New Subdivision Ordinance BACKGROUND: At its ' January 12 , 1988 meeting, the City Council received the proposed new Subdivision Ordinance for the City of Atascadero. At that time, the Council set January 26, 1988 for public hearing for a first reading of proposed Ordinance No. 163. RECOMMENDATION: Approval of attached Ordinance No, 163 : (1) read by title only and (2) adopt Ordinance No. 163 on first reading. HE:ph Attachments : Memorandum - January 12 , 1988 Subdivision Ordinance Transmittal Draft Ordinance No. 163 gW7; AGENDA , % WTE M E M O R A N D U M TO: City Council January 12, 1988 VIA: Michael Shelton, City Manager K, . FROM: Henry Engen, Community Development Director Vb SUBJECT: Proposed New Subdivision Ordinance BACKGROUND: As indicated in the attached materials, the City has been operating under an obsolete subdivision ordinance inherited from the County. The Subdivision Map Act has been amended innumerable times since incorporation and one of staff' s special studies has been to develop a new subdivision ordinance to replace the County ordinance and to be in conformance with the latest Subdi- vision Map Act. This draft ordinance has been prepared with the cooperation of the Public Works Department and City Attorney, and has been reviewed by local civil engineers and land surveyors . We have also included, at Council ' s recent request, proposed new standards for flag lots (see Page 38 of the attached draft ordinance) . ACTION REQUESTED: Set a date of public hearing for first reading of proposed ordinance No. 163 for January 26, 1988 . HE :ph Encl . Subdivision Ordinance Transmittal Draft Ordinance No. 163 MEMORANDLU TO: Henry Engen, Community Development Director FROM: Steven L. DeCamp, Senior Planner DATE: December 22 , 1987 RE: Subdivision Ordinance Transmittal Attached is a draft copy of a revised Subdivision Ordinance for the City of Atascadero as requested. This draft has been reviewed by various local civil engineers, the Public Works Director and his Engineering Division, and the City Attorney. Comments received from these individuals have been considered with appropriate revisions incorporated within the draft ordinance. I believe that the draft is now ready for City Council review and adoption. This City' s current subdivision regulations are contained in the County subdivision ordinance which was adopted in 1970 and revised through 1976 . This document was adopted by the City upon incorporation and has remained unchanged since that time. State law, however, has been extensively modified since 1980 . It is imperative that our local ordinance be brought into conformance with State law and guidelines. In addition to bringing our ordinance into conformance with current State law, the following are items of interest in the new draft : 1 . Lot line Adjustments : Policy language developed in conjunction with the City Attorney and Public Works Director is included which defines the difference between a lot line adjustment and a resubdivision. 2 . Flag Lots : Language is included in the draft ordinance which addresses the concerns recently expressed regarding the creation of " flag lots" . Items addressed include setbacks, road widths, lot size calculations, and street addressing. 3 . Public Improvements : The draft Subdivision Ordinance does not specify the type, location or extent of public improvements that may be required of any subdivider. This material was eliminated at the request of the Public Works Director who would prefer to promulgate such requirements and have them adopted by resolution. 4. Procedures : Procedures for processing parcel and tract maps remain unchanged in the new ordinance ( ie. , ORDINANCE NO. 163 AN ORDINANCE OF THE CITY OF ATASCADERO SUPERCEDING COUNTY ORDINANCE, TITLE 21, "SUBDIVISIONS AND PLATS ORDINANCE" , AND REPLACING IT WITH A REVISED CITY OF ATASCADERO SUBDIVISION ORDINANCE WHEREAS, the City of Atascadero has been operating under a former County ordinance dating back to February 16, 1970 known as Title 21, Subdivision and Plats; and WHEREAS, the Subdivision Map Act reflected in Section 66410 to 66499. 58 of the Government Code of the State of California has been amended numerous times since that date; and WHEREAS, the City Council is desirous of comprehensively updating its subdivision regulations pursuant to Section 66411 of the State of California Subdivision Map Act; and WHEREAS, the City Council has held public hearing to consider adoption of said subdivision regulations; and WHEREAS, this amendment has been evaluated in accordance with the • California Environmental Quality Act and this City' s environmental impact procedures guidelines and a negative declaration has been granted by the City; and WHEREAS, the proposed amendment promotes the public health, safety and general welfare. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Title 21, Subdivisions and Plats, carried over from County of San Luis Obispo Ordinances upon incorporation is hereby repealed. Section 2. There is hereby added to the Municipal Code of Atascadero a new Title 11 as contained in the attached Exhibit A, which is hereby made a part of this ordinance by reference. Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. Section 4. Effective Date. . This ordinance shall go into effect and be in full force and ef- fect at 12:01 a.m. on the 31st day after its passage. On motion by and seconded by the motion was approved by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: 41' 'Xu MICHAEL SHELTON, Zity Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: Iy� - 4061-M A, HEN Y EN N, Communit Development Director 2 . EXHIBIT "A" • TITLE 11 SUBDIVISIONS CHAPTERS: PAGE 11- 1 General Provisions 1 11- 2 Definitions 4 11- 3 General Requirements for Maps 9 11- 4 Tract Maps, Vesting Tentative Maps, and Parcel Maps: 12 Procedures 11- 5 Tentative Tract, Tentative Parcel, and Vesting 20 Tentative Maps: Preparation, Form, and Other Requirements 11- 6 Final Map Form, Preparation and Other Requirements 25 11- 7 Lot Line Adjustment 34 11- 8 Subdivision Design and Improvements 36 11- 9 Dedications 42 11-10 Subdivision Improvement Requirements 44 11-11 Subdivision Exceptions 50 11-12 Reversion to Acreage 52 11-13 Lot Merger 54 11-14 Fees 55 11-15 Appeals 56 11-16 Enforcement 57 Chapter 1 GENERAL PROVISIONS 11-1. 001 Title. 11-1.002 Purpose. 11-1.003 Adoption authority--Conformance with other regulations. 11-1.004 Interpretation and application. 11-1.005 Conflict with public provisions. 11-1.006 Conflict with private provisions. 11-1. 007 Actions by persons with interest. 11-1.008 Severability. 11-1.009 Procedure Summary. 11-1.001 Title. This chapter shall be known and cited as the "Atascadero Subdivision Ordinance" . 11-1. 002 Purpose. The regulations codified in this Title are adopted for the following purposes: A. To protect and provide for the public health, safety and general welfare; B. To guide the development of the City in accordance with the gen- eral plan and specific plans; C. To ensure that real property which is to be divided can be used without danger to inhabitants or property due to fire, flood, soil instability, noise or other hazard; D. To ensure that proper provision will be made for traffic circula- tion, public utilities, facilities, and other improvements within the subdivided land and within the City as a whole; E. To protect and enhance the value of land and improvements and to minimize conflicts among the uses of land and buildings; F. To protect potential buyers and inhabitants by establishing stan- dards of design, and by establishing procedures which ensure prop- er legal description and monumenting of subdivided land; G. To protect the natural resources of the community, including topo- graphic and geologic features, solar exposure, watercourses, wild- life habitats and scenic vistas, and to increase reasonable public access to such resources; -1- H. To enable innovations in subdivision procedures which facilitate development that will best reflect the capability of the land to support a desirable living environment. 11-1.003 Adoption Authority--Conformance with other regulations. A. These regulations are adopted pursuant to the Subdivision Map Act, as a "local ordinance" as that term is used in that act, and to supplement the provisions of that act. All provisions of the Sub- division Map Act and future amendments thereto not incorporated in these regulations shall apply to all subdivisions, subdivision maps and proceedings under these regulations. B. Nothing in this section shall be read to limit the rights of the City to enact additional provisions concerning the division of land as are deemed necessary to protect the public health, safety and general welfare. C. Approval or conditional approval of a subdivision map shall not excuse compliance with other applicable provisions of this code or other applicable ordinances, rules, regulations and policies adopted by the City. 11-1.004 Interpretation and application: In their interpretation and application, these regulations shall be held to be the minimum requirements far the promotion of the public health, safety and general welfare. 11-1. 005 Conflict with public provisions: These regulations are not intended to annul any other law or regu- lation. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regula- tions or any other regulation or law, whichever provisions are more restrictive or impose higher standards shall control. 11-1. 006 Conflict with private provisions: These regulations are not intended to abrogate any easement, cov- enant or any other private agreement or restriction; provided, that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easements, covenants, the requirements of these regulations shall govern. When the provi- sions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations or the determinations of the advisory agency or council in approving a subdivision or in en- forcing these regulations, and such private provisions are not incon- sistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regu- lations and determinations made thereunder . -2- 0 ! 11-1.007 Actions by persons with interest: . When any provisions of the Subdivision Map Act or of these regula- tions require the execution of any certificate or affidavit or the performance of any act of a person in his official capacity who is also a subdivider or an agent or employee thereof, such certificate or affidavit shall be executed or such act shall be performed by some other person duly qualified therefor and designated so to act by the council. 11.1008 Severability: If any part or provisions of these regulations or application thereof to any person or circumstances are adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall have been rendered and shall not affect or impair the validity of the remainder of these reg- ulations or the application thereof to other persons or circumstances. The council declares that it would have enacted the remainder of these regulations even without any such part, provision or application. -3- Chapter 2 DEFINITIONS 11-2.001 Generally. 11-2.002 Advisory agency. 11-2.003 Alley. 11-2.004 Applicant. 11-2.005 Average cross slope. 11-2.006 Community apartment. 11-2. 007 Condominium. 11-2.008 Condominium conversion. 11-2.009 Day. 11-2.010 Distance. 11-2.011 Flag lot. 11-2.012 Flood hazard. 11-2.013 Future street. 11-2.014 General plan. 11-2.015 Geologic hazard. 11-2.016 Lot. 11-2.017 Lot width. 11-2.018 Lot depth. 11-2.019 Lot line, front. 11-2.020 Lot line, rear . 11-2.021 Lot line, side. . 11-2.022 Nonresidential subdivision. 11-2. 023 Path. 11-2.024 Private road easement. 11-2.025 Reversion to acreage. 11-2. 026 Right-of-way. 11-2.027 Roadway. 11-2.028 Slope. 11-2.029 Specific plan. 11-2.030 Stock cooperative. 11-2.031 Street. 11-2.032 Street tree 11-2.033 Subdivider. 11-2. 034 Subdivision. 11-2.035 Subdivision Map Act. 11-2.036 Subdivision standards. 11-2.037 Vesting tentative map. 11-2. 001 Generally. For the purposes of the regulations codified in this title, and to supplement the definitions in the Subdivision Map Act, the following words and phrases shall be construed as defined in this chapter . 11-2. 002 Advisory agency. "Advisory agency" means the community development director or planning commission, as the case may be, which recommends to the coun- cil, action on certain types of map applications. -4- 11-2.003 Alley. "Alley" means a public or private way which provides vehicular ac- cess to the side or rear of properties whose principal frontage is on a street. 11-2.004 Applicant. "Applicant" means the subdivider or his authorized representative. 11-2.005 Average cross slope. "Average cross slope" means the ratio, expressed as a percentage, of the difference in elevation to the horizontal distance between two points on the perimeter of the area whose slope is being determined, with the line along which the slope is being measured running essen- tially perpendicular to the contours between the points. 11-2.006 Community apartment. "Community apartment" means an apartment development in which an undivided interest in real property is coupled with the right of ex- clusive occupancy of an apartment located within the property. For the purposes of these regulations, community apartments will be sub- ject to the same requirements as condominiums. 11-2.007 Condominium. "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel together with a separate interest in space in a building on such real property. 11-2. 008 Condominium conversion. "Condominium conversion" means the conversion of property occupied under tenancies or estates other than condominium to occupancy as con- dominiums. 11-2. 009 Day. "Day" means calendar day. If the end of an interval specified in days falls on a weekend or holiday, the interval shall be deemed to end on the next business day. 11-2. 010 Distance. "Distance" means all distances are measured horizontally unless noted otherwise. 11-2. 011 Flag lot. "Flag lot" means a lot predominantly situated behind another lot and having access to a street by means of a narrow portion of the flag lot extending out to the street. 11-2.012 Flood hazard. "Flood hazard" means a potential danger to life, property or nat- ural resources due to storm water runoff or inundation, including dep- osition of silt and debris, erosion, or the presence of standing wat- er. . -5- i11-2.013 Future street. "Future street" means real property subject to a yet unaccepted offer of dedication, all or part of which may later be accepted for a street by council resolution and without further action by the owner . 11-2.014 General plan. "General plan" means the adopted general plan of the City of Atascadero. 11-2. 015 Geologic hazard. "Geologic hazard" means a condition in the earth' s surface, either natural or artifically created, which is potentially hazardous to life, property or natural resources due to possible movement of rock or soil. 11-2.016 Lot. "Lot" means a parcel of land which is identified by a distinct number or letter on a final map or parcel map recorded in the office of the county recorder , or such parcel shown on a map or survey record complying with approval requirements in effect when it was recorded. 11-2.017 Average lot width. "Average lot width" means the sum of the lengths of the front and rear lot lines, divided by two. For irregularly shaped lots or lots having more than two side lot lines, lot width shall be determined by drawing two lines perpendicular to one side lot line, one at the nar- rowest and one at the widest parts of the- lot; adding the lengths of the two lines; and dividing by two. 11-2.018 Average lot depth. "Average lot depth" means the distance between the front and rear lot lines, measured in the mean direction of the side lot lines. 11-2.019 Lot line, front. "Front lot line" means the line which separates the lot from the street. For a corner lot, the line at the shortest street frontage will be the front lot line, unless the latest tract deed restrictions specify another line. 11-2. 020 Lot line, rear . "Rear lot line" means the lot line opposite and most distant from the front lot line. In the case of an irregular or triangular lot, the rear lot line is a line within the lot, parallel to and at a maxi- mum distance from the front lot line, having a length of at least ten feet. 11-2.021 Lot line, side. "Side lot line" means any lot line other than a front or rear lot line. 11-2. 022 Nonresidential subdivision. "Nonresidential subdivision" means a subdivision whose intended use is other than residential. Such subdivision shall comply with applicable provisions of these regulations. Subdivisions incorporat- ing both residential and nonresidential uses, either upon the same -6- 0 land area or within different portions of the subdivision, shall com- ply with applicable provisions of these regulations. 11-2.023 Path. "Path" means a way designed for use by pedestrians, bicycles or animals and not designed or intended for use by motor vehicles. 11-2.024 Private road easement. "Private road easement" means an easement, recorded in the office of the county recorder, granted to owners of property adjacent to the parcel covered by the easement, for access to the adjacent properties. 11-2.025 Reversion to acreage. "Reversion to acreage" means the combining of two or more recorded contiguous lots into a single parcel. 11-2.026 Right-of-way. "Right-of-way" means a parcel of land occupied or intended to be occupied by a street, path, railroad, electric transmission line, oil or gas pipeline, water main, sewer main, storm drain or similar util- ity or special use. Use of the term "right-of-way" , distinguished .from "easement" , shall mean that the area dedicated to the special use shall be separate from adjoining lots and shall not be included in the area or dimensions of such lots. Rights-of-way intended for a use in- volving maintenance by a public agency shall be dedicated to public use by the owner of the parcel (s) on which the right-of-way is established. 11-2.027 Roadway. "Roadway" means that portion of a street or alley used or intended to accommodate the movement of vehicles. 11-2.028 Slope. See Section 11-2. 005 , Average cross slope. 11-2.029 Specific plan. "Specific plan" means a plan for a designated area of the City, based on the general plan but containing more detailed regulations and programs, as provided in Section 65450, et. seq. of the California Gov- ernment Code. 11-2. 030 Stock cooperative. "Stock cooperative" means an apartment development in which an un- divided interest in the land is coupled with the right of exclusive occupancy of an apartment in the development. For the purposes of these regulations, stock cooperatives will be subject to the same re- quirements as condominiums. 11-2. 031 Street. "Street" means a way for vehicular traffic, whether designated as a street, highway, road, avenue, boulevard, lane, place, way or other . name. "Street" does not include a path or alley. -7- • 0 • 11-2.032 Street tree. "Street tree" means a tree in a public place, street, special easement or right-of-way adjoining a street. 11-2.033 Subdivider . "Subdivider" means a person, firm, corporation, partnership or association which proposes to divide, causes to be divided, or divides real property for itself or for others, except employees or represen- tatives of such persons or entities, acting in such capacity, are not subdividers. 11-2.034 Subdivision. "Subdivision" shall have the meaning as defined in the Subdivision Map Act, including any division for gift or token consideration. Ac- cording to the Subdivision Map Act: "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, util- ity easements or railroad rights-of-way. "Subdivision" includes a condominium project as defined in Section 1350 of the Civil Code, a community apartment project as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Sec- tion 11003. 2 of the Business and Professions Code. Any conveyance of land to a government agency, public entity or public utility shall not be considered a division of land for purposes of com- puting the number of parcels. As used in this section "agricul- tural purposes" means the cultivation of food or fiber , or the grazing or pasturing of livestock. 11-2.035 Subdivision Map Act. "Subdivision Map Act" means the Subdivision Map Act of the State of California and such revisions as may be made by the California legislature. 11-2.036 Subdivision standards. "Subdivision standards" means the standards for design and con- struction of subdivisions and the preparation of maps and documents, adopted by resolution by the council. 11-2.037- -Vesting tentative map. "Vesting tentative map" means a "tentative map" for a residential subdivision, as defined, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in ac- cordance with Section 11-4. 301 and is thereafter processed in accor- dance with the provisions thereof, and which will provide certain statutorily vested rights to the subdivider. -8- Chapter 3 GENERAL REQUIREMENTS FOR MAPS 11-3.001 Tract maps. 11-3.002 Parcel maps. 11-3.003 Exclusions and exceptions. 11-3.004 Lot line adjustment. 11-3.005 Correcting or amending maps. 11-3.006 Lot combination. 11-3.007 Expansion of condominium projects. 11-3.001 Tract maps. Except as provided in Section 11-3. 003 , the division of real prop- erty into five or more parcels or creation of five or more condomin- iums or a stock cooperative or community apartment project having five or more parcels or units requires the filing, approval and recording .of tentative and final tract maps as provided in these regulations and the Subdivision Map Act. 11-3.002 Parcel maps. Except as provided in Section 11-3.003, the division of real prop- erty into four or fewer parcels, or creation of four or fewer condo- miniums or a stock cooperative or community apartment project having four or fewer parcels or units requires the filing, approval and re- cording of tentative and final parcel maps as provided in these regu- lations and the Subdivision Map Act. 11-3.003 Exclusions andexceptions. tions. A. No maps shall be required for divisions of property which are ex- cepted from the definition of subdivision within the Subdivision Map Act. B. Parcel maps, but not tentative and final tract maps, shall be required for those land divisions enumerated under Section 66426 of the Subdivision Map Act. C. No maps shall be required for : 1. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial build- ings, commercial buildings, mobile home parks or trailer parks; 2. Mineral, oil or gas leases; 3. Land dedicated for cemetery purposes under the Health and Safety Code of the State; -9- 4. Boundary line or exchange agreements to which the State Land Commission or a local agency holding a trust grant of tide and submerged lands is a party; 5. Any separate assessment under Section 2188 .7 of the Revenue and Taxation Code; 6. The financing or leasing of any parcel of land, or portion of a parcel, in conjunction with the construction of commercial or industrial buildings on a single parcel, when the project is subject to planned development or use permit approval pur- suant to the Zoning Ordinance; 7. The financing or leasing of existing separate commercial or industrial buildings on a single parcel. D. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for the purpose of determining the number of parcels within a subdivision. E. In spite of the requirements in Section 11-3. 002, the Council may waive the requirement for a parcel map. To waive the parcel map requirement, the Council must find that the proposed land division complies with all standards established by the City for design and improvements, utilities and environmental protection. (See Chap- ter 11-11, Subdivision Exceptions) . F. Parcel maps shall not be required for those conveyances involving government agencies or public utilities, as provided in the Subdi- vision Map Act (Section 66428) . 11-3.004 Lot line adjustment. The adjustment of a boundary line between two or more adjacent parcels, which does not result in a greater number of buildable par- cels than originally existed, does not require a tract or parcel map. However, the Community Development Director must approve the lot line adjustment as provided in Chapter 11-7. 11-3. 005 Correcting or amending maps. Recorded final tract maps and recorded final parcel maps may be amended, corrected or modified, as provided in the Subdivision Map Act (Sections 66469 through 66472.1) . Approved lot line adjustments may be amended as provided for tract and parcel maps, with amending or correcting documents to be filed with the community development de- partment and the county recorder. 11-3.006 Lot combination. Contiguous parcels under common ownership may be merged (interior lot lines may be removed) by approval of a lot line adjustment, as provided in Section 11-3.004, together with recordation of a certifi- cate of compliance for the new parcel. -10- 11-3.007 Expansion of condominium projects. Notwithstanding Section 11-3.004 , the addition of floor area to a condominium project shall require approval of the type of map prev- iously approved. If the Community Development Director finds such a map is not necessary for the purposes of these regulations, the Direc- tor may waive the requirement for such a map. -11- Chapter 4 TRACT MAPS, VESTING TENTATIVE MAPS AND PARCEL MAPS: PROCEDURES Sections: Article I. Tentative Tract Maps 11-4.101 Preliminary plans. 11-4.102 Identification of tentative tract map. 11-4.103 Filing of tentative tract map--application. 11-4.104 Examination of application. 11-4.105 Distribution of tentative tract map. 11-4.106 Departmental reports on tentative tract map. 11-4.107 Notice of planning commission hearing on tentative tract map. 11-4.108 Continuances of tentative tract map action. 11-4.109 Submission of revised tentative tract map. 11-4.110 Planning commission action on tentative tract map. 11-4.111 Council action on tentative tract map. .11-4.112 Withdrawal of tentative tract map. 11-4.113 Minor modification of tentative tract map after approval. 11-4.114 Extension of time to act. Article II . Final Tract Maps 11-4. 201 Filing of final tract map. 11-4.202 Termination of proceedings. 11-4. 203 Time extension. 11-4. 204 Final tract map compliance. 11-4. 205 Submission of final tract map. 11-4. 206 Action of city engineer . 11-4. 207 Council action on final map. 11-4. 208 Council acceptance or rejection of offers of dedication. 11-4. 209 Disposition after approval. Article III. Vesting Tentative Maps 11-4. 301 Application. 11-4. 302 Filing and processing. 11-4.303 Vesting on approval of vesting tentative map. 11-4.304 Development inconsistent with zoning; denial or conditional approval. 11-4.305 Applications inconsistent with current policy. 11-4 .306 Expiration. Article IV. Parcel Maps 11-4. 401. Filing - Processing - Appeals - Dedication acceptance. -12- Article I. Tentative Tract Maps 11-4.101 Preliminary plans. Subdividers are encouraged to consult with the community develop- ment department for technical advice and procedural guidance prior to filing a tentative tract map. Prior to preparing and submitting a tentative tract map, subdividers may present preliminary plans or sketches of the proposed subdivision to the community development de- partment. However, such preliminary plans shall not be construed as tentative tract maps. 11-4.102 Identification of tentative tract map. Before submitting a tentative tract map, the person preparing the map shall obtain a tract number from the county planning department. The number shall be placed upon each copy of the tentative tract map and shall not be changed unless a new number is assigned to the subdi- vision by the county planning department. . The tract may also be given a name. 11-4.103 Filing of tentative tract map - application. The tentative tract map application shall be filed with the commu- nity development department and shall be prepared in accordance with the provisions of Chapter 5. The application shall be accompanied by the number of map prints required by the community development depart- ment. An eight-and-one-half inch by eleven inch reduced transparency shall also be provided. 11-4.104 Examination of application. Community development and engineering department staff shall ex- amine the map application upon presentation and shall not accept it unless it is a complete application in compliance with the Subdivision Map Act and these regulations. Subdivider shall be notified in writ- ing within thirty days following submittal if the map application is not complete. The tentative tract map application shall not be con- sidered filed until stamped, signed and dated by the community devel- opment department. Further , the map application shall not be deemed received until an environmental determination has been made as provid- ed in the City' s CEQA Guidelines. 11-4. 105 Distribution of tentative tract map. The community development staff shall, within five days after a tentative tract map has been submitted and determined to be complete, forward a copy of the map and accompanying data and reports to all appropriate staff, departments and other agencies for review and re- port. 11-4. 106 Departmental reports on tentative tract map. Within twenty days of forwarding, each staff member , department or agency given a copy of the tentative tract map application shall send the community development department its report, with recommendations, if any, pertaining to the map. Failure to submit a report within the time allowed shall be construed as indicating acceptance. Based on staff analysis and the recommendations submitted to it, the community -13- development department shall prepare a report and recommendation for transmittal with the application for filing with the planning commis- sion. 11-4.107 Notice of planning commission hearing on tentative tract map. A. Notice of the time, date, place and purpose of the planning com- mission hearing on tentative tract maps shall be given by: 1. Publication in a newspaper of general circulation not less than ten days before the meeting; 2. First-class mail to all owners of property located within 300 feet of proposed tract, according to the latest county asses- sment roll, and owners of other property which, as determined by the Community Development Director, consistent with the requirements of Section 66451. 4 of the Government Code, may be adversely affected by the proposed subdivision; and B. The Community Development Director shall notify the subdivider and provide copies of all reports and recommendations being submitted to the planning commission from the community development depart- ment not less than three days before the meeting. 11-4.108 Continuances of tentative tract map action. A. Applicant-requested Continuances. A tentative tract map scheduled for a planning commission agenda will be considered only when the applicant is present. Prior to the scheduled date of planning commission consideration, the applicant may request a continuance to a future agenda date. Granting or denial of such request is at the sole discretion of the planning commission. B. Absentee Continuances. If the applicant does not appear at the scheduled meeting, consideration of the tentative map may be con- tinued to the next regular meeting of the planning commission. If the applicant fails to appear at the second scheduled meeting, the application may be denied by the planning commission. The period of any such continuance shall be counted against the time allowed the planning commission to consider the tentative map application. 11-4. 109 Submission of revised tentative tract map. Prior to consideration of a tentative tract map by the planning commission, a revised tentative tract map may be submitted for consid- eration. A new application and fee shall be required prior to place- ment on the planning commission' s agenda. An updated title report may be required. Changes required by the City shall not be considered map revisions. A revised tentative tract map shall be considered as a new application, and the date of filing shall be the date of filing the revised tentative tract map. The first application shall be deemed withdrawn upon the submission of the revised application. -14- 11-4. 110 Planning commission action on tentative tract ma . Within fifty days of the filing thereof, the planning commission shall, after a hearing and consideration of the tentative tract map, accompanying reports of applicant and staff, and public testimony, recommend approval, conditional approval, or disapproval of the map, and report its decisions to the council. If disapproval of the map is recommended, the report shall contain statements of the reasons for disapproval. If conditional approval of a map is recommended, the report shall contain a complete statement of the conditions of approv- al. The approval or conditional approval of any tentative tract map shall not constitute an approval of any exception or deviation from any zoning regulations of the City nor shall it be deemed as an ap- proval to proceed with any development in violation of any applicable provision of law. 11-4.111 Council action on tentative tract map. Within thirty days of its receipt of the planning commission' s report, the council shall consider and approve, conditionally approve, or disapprove the tentative tract map. If the map is disapproved, the grounds for disapproval shall be stated. 11-4.112 Withdrawal of tentative tract ma . Once a date for council consideration of the tentative tract map has been set, requests for withdrawal shall be submitted to the coun- cil in writing, or orally if made at the meeting when the map is being considered. No refund of the filing fee shall be made. Withdrawal of the map shall be an effective denial of the application. 11-4. 113 Minor modification of tentative tract map after approval. Minor modifications of an approved or conditionally approved ten- tative tract map may be made. However , they must be approved by the Community Development Director before the final map is submitted. 11-4.114 Extension of time to act. Any of the time limits for acting on tentative tract maps speci- fied in these regulations may be extended by mutual consent of the subdivider and the planning commission or council, as the case may be. To do so, the subdivider must expressly waive, in writing or in the record at a public hearing, his right to have the map considered with- in those time limits. Article II. Final Tract Maps 11-4 . 201 Filing of final tract map. Within twenty-four months of the date of approval or conditional approval of the tentative tract map, the subdivider may cause the boundary of the proposed subdivision or any part thereof to be sur- veyed and the required final tract map to be prepared and filed in accordance with these regulations and the Subdivision Map Act. When the final map is filed, a bond shall be posted guaranteeing that all survey corners shall be placed prior to the acceptance of the public improvements .by the council. -15- 11-4. 202 Termination of proceedings. Failure to file a final tract map within 24 months of the date of approval or conditional approval of a tentative tract map, or within any extended period of time granted in accordance with Section 11-4. 203, immediately following, shall terminate all proceedings. Before a final map may thereafter be filed, a new tentative tract map shall be submitted and approved hereunder. 11-4. 203 Time extension. A. The council may extend the time for filing the final tract map for a period or periods not exceeding a total of twelve months. B. Applications for extensions shall be made in writing to the coun- cil prior to the date of tentative tract map expiration. Time extension may be granted subject to the condition that the final map shall be prepared and improvements shall be constructed and installed in compliance with requirements in effect at the time the request for extension is considered. The council may also impose any other conditions which it was empowered to impose at the time of the tentative map approval and it may revise or delete conditions. 11-4.204 Final tract map compliance. Final tract maps shall be prepared in accordance with the approved tentative tract map. 11-4. 205 Submission of final tract map. When all the certificates appearing on the final tract map, except the approval certificates of the City Clerk, City Engineer , Community Development Director , the County Recorder ' s certificate, have been signed, and where necessary, acknowledged, the final tract map, along with copies of reference maps and other supporting data necessary to verify the survey, may be submitted to the City for examination and presentation to the council for final approval, provided it complies with all other provisions of these regulations. The map shall be ac- companied by as many prints as the Community Development Director shall require. The subdivider shall provide the City with an eight- and-one-half inch by eleven inch transparecy of the final map. 11-4 . 206 Action of City Engineer and Community Development Director. A. Upon receipt of a final tract map and accompanying documents, fees and materials for filing, the City Engineer and Community Develop- ment Director shall determine if they are in substantial conform- ity with the approved or conditionally approved tentative tract map and modifications and conditions made or required by the coun- cil. If they are found to be complete and in conformance with these and other applicable regulations , the Community Development Director shall transmit the map to the City Engineer who shall transmit the map to the City Clerk after certification. No map shall be certified until the required improvements have been in- stalled or an agreement or bond for installation has been secured in accordance with these regulations. -16 B. Should the map or accompanying documents, fees or materials be found to be incomplete or incorrect in any respect, the City Eng- ineer or Community Development Director shall advise the subdi- vider by mail of the changes or additions that must be made before the map may be certified. C. If the City Engineer or Community Development Director determines circumstances concerning the design and improvement of the subdi- vision relating to the public health, safety and welfare have ma- terially changed since the approval of the tentative tract map, they need not certify the final map. In such instances, the City Engineer and Community Development Director shall return the map to the Council for further consideration. D. The final tract map shall not be considered filed for action by the Council until the City Engineer and Community Development Di- rector have completed the actions required by them by subsections A, B, and C of this section. 11-4.207 Council action on final map. A. At the meeting at which it receives the map, or at the first reg- ular meeting thereafter , the council shall approve the map if it conforms with the approved tentative map and meets the require- ments of the Subdivision Map Act, these regulations, and any rul- ings made pursuant to them. If the map does not conform, the council shall disapprove it. 0 B. If the council fails to act within the prescribed time, the final map shall be deemed approved to the extent it meets the require- ments enumerated above. Upon approval by either action or in- action, the city clerk shall certify approval of the final map. 11-4.208 Council acceptance or rejection of offers of dedication. Subject to exceptions in the Subdivision Map Act, at the time the council approves a final tract map, it shall also accept, accept sub- ject to improvement, reject without prejudice, or reject all offers of didication. This action shall be certified on the map -- by the city clerk. 11-4. 209 Disposition after approval. After the council approves a final tract map, the city clerk shall transmit the map to the county recorder. Article III. Vesting Tentative Maps 11-4.301 Application. A. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Subdivision Ordinance, requires the fil0 - ing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof. 17 0 filed, in accordance with the provisions hereof. B. If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivi- sion, permit for construction, or work preparatory to construc- tion. 11-4. 302 Filing and processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports, and shall be pro- cessed in the same manner as set forth in this subdivision ordinance for a tentative map except as provided in Section 11-5.003. 11-4.303 Vesting on approval of vesting tentative map. A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in sub- stantial compliance with the ordinances, policies, and standards described in Government Code Section 66474. 2. However, if Section 66474. 2 of the Government Code is repealed, the approval or condi- tional approval of a vesting tentative shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. B. Notwithstanding subsection A, a permit, approval, extension or entitlement may be made conditional or denied if any of the fol- lowing are determined: 1. A failure to do so would place the residents of the subdivi- sion or the immediate community, or both, in a condition dan- gerous to their health or safety, or both. 2. The condition or denial is required, in order to comply with state or federal law. C. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 11-4. 306 . If the final map is approved, these rights shall last for the following periods of time: 1. An initial time period of one (1) year . Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. 2. The initial time period set forth in C.1. shall be automat- ically extended by any time used for processing a complete application for a grading permit or for design or architec- tural review, if such processing exceeds 30 days, from the date a complete application is filed. -18- a 3. A subdivider may apply to the Community Development Director for a one-year extension at any time before the initial time period set forth in C. l. expires. If the extension is denied, the subdivider may appeal that denial to the city council within 15 days. 4. If the subdivider submits a complete application for a build- ing permit during the periods of time specified in subsec- tions 1.-3. , the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. 11-4.304 Development inconsistent with zoning; denial or conditional approval. A. whenever a subdivider files a vesting tentative map for a subdivi- sion whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city shall deny such a vesting tentative map or approve it conditioned on the subdivider , or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ord- inance is obtained, the conditionally approved vesting tentative map shall, notwithstanding Section 11-4.303A. , confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved. B. The rights conferred by this section shall be for the time periods set forth in Section 11-4.303C. 11-4.305 Applications inconsistent with current policy. Notwithstanding any provision of this ordinance, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Sections 11-4.303 and 11-4. 304 , and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. 11-4. 306 Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by Section 11-4. 203 for the expi- ration of the approval or conditional approval of a tentative map. Article IV. Parcel Maps 11-4. 401 Filing - Processing - Appeals - Dedication acceptance. The procedures for filing, processing, public notice and actions on tentative and final parcel maps shall be the same as provided in these regulations for tentative and final tract maps. -19- • Chapter 5 TENTATIVE TRACT, TENTATIVE PARCEL, AND VESTING TENTATIVE MAP: PREPARATION, FORM AND OTHER REQUIREMENTS Sections: 11-5.001 Preparation and form of tentative map. 11-5 . 002 Information on tentative map. 11-5.003 Additional information on vesting tentative map. 11-5. 004 Other material to accompany tentative map. 11-5.005 Application requirement. 11-5.001 Preparation and form of tentative map. A. The tentative map shall be clearly and legibly drawn to an engi- neer ' s scale of not less than one inch equals one hundred feet. If necessary to provide the proper scale, more than one sheet may be used, but the relation of the several sheets shall be clearly shown on each. Each sheet shall be eighteen inches by twenty-six inches. B. Tentative tract maps shall be prepared by or under the supervision of a registered civil engineer, licensed land surveyor or archi- tect. Tentative parcel maps may be prepared by anyone. 11-5 .002 Information on tentative map. The tentative map shall contain the following information, in ad- dition to any other information which may be required by the Subdivi- sion Map Act: A. The map number , name if any, date of preparation, north point, scale, and if based on a survey, the date and official record of the survey; B. Name and address of the person or entity which prepared the map and the applicable registration or license number and expiration date thereof; C. Names and addresses of the subdivider and all parties having a record title interest in the property being subdivided; D. The boundaries of the subdivision, defined by legal description, with sufficient information to locate the property and to deter- mine its position with respect to adjacent named or numbered sub- divisions, if any; • E. Topographic information with a reference to the source of the in- formation. Contour lines shall have the following intervals: 1. Five-foot contour interval for undeveloped acres and two-foot -20- intervals for building sites within the Urban Services Line; 0 2. Ten-foot contour interval for undeveloped areas and two-foot intervals for building sites and paved or graded areas out- side the Urban Services Line. Contours of adjacent land shall also be shown whenever the surface features of such land affect the design or development of the proposed sub- division; F. The approximate location and general description of any trees over eight inches in diameter 4 feet above grade - or the general canopy cover of clusters of trees - with notations as to their proposed retention or destruction; notations as to general type of vegeta- tion in areas not occupied by trees ; G. The location and outline to scale of all structures which are to be retained within the subdivision and all structures outside the subdivision and within ten feet of the boundary lines; the dis- tances between structures to be retained, and existing or proposed street and lot lines; notations concerning all structures which are to be removed; .H. The locations, widths and purposes of all existing and proposed easements for utilities, drainage and other public purposes shown by dashed lines, within and adjacent to the subdivision (including proposed building setback lines, if known) ; all existing and pro- posed utilities including size of water lines and size and grade of sewer lines, locations of manholes-, fire hydrants, street trees and street lights; I . The location, width and directions of flow of all watercourses and flood-control areas within and adjacent to the property involved; the proposed method of providing stormwater drainage and erosion control; J. The location of all potentially dangerous areas, including areas subject to inundation, landslide, or settlement, or excessive noise, and the means of mitigating the hazards; K. The locations, widths and names or designations of all existing or proposed streets, alleys, paths and other rights-of-way, whether public or private; private easements within and adjacent to the subdivision; the radius of each centerline curve; a cross section of each street; any planned line for street widening or for any other public project in and adjacent to the subdivision; private streets shall be clearly indicated; L. The lines and approximate dimensions of all lots, and the number assigned to each lot; the total number of lots; the approximate areas of the average lot; lots shall be numbered consecutively; M. The boundaries, acreage and use of existing and proposed public areas in and adjacent to the subdivision. If land is to be offered for dedication for park or recreation purposes or for pur- pose of providing public access to any public waterway, river or stream, it shall be so designated; -21- 7. For other than single family residential projects, land- scaping plans for each lot or parcel as provided in Chapter 9-4. 124 of this code. 115.004 Other material to accompany tentative map. The following supplementary material shall be filed with the ten- tative map: A. A vicinity map of appropriate scale and showing sufficient ad- joining territory to clearly indicate surrounding streets, other land in the subdivider ' s ownership, and other features which have a bearing on the proposed subdivision; B. A statement of existing and proposed zoning and land use; C. A statement of proposed improvements and landscape modifications, including the estimated time of completion in relation to subdivi- sion of the property; D. A description of proposed public or commonly held areas and draft open space easement agreements, if applicable; E. Draft covenants, conditions and restrictions if they are integral to the development concept •or proposed atypical requirements; • F. A description of requested exceptions from the subdivision design standards for such items as dimensi-ons , street sections or util- ity easements ; G. Proposed building setbacks and yards if different from those in the zoning regulations; H. If required by the Community Development Director , a preliminary grading plan as provided in the grading ordinance as codified in Chapter 9-4.138 of this code; I. An engineering geology report, prepared by a registered geologist, may be required in areas of moderate, high and very high landslide risks, and in areas of high and high + liquefaction potential and subsidence potential as noted in the general plan, seismic safety element. The engineering geology report shall include definite statements, conclusions and recommendations concerning the follow- ing, as applicable: 1. Location of major geologic features; 2. Topography and drainage in the subject areas; 3. Distribution and general nature of rock and soils; 4. A reasonable evaluation and prediction of the performance of any proposed cut or fill in relation to geologic conditions; 5. An evaluation of existing and anticipated surface and subsur- face water in relation to proposed development; -23- 6. Recommendations concerning future detailed subsurface samp- ling and testing that may be required prior to building; 7. Capability of soils and substrata to support structures; J. A soils engineering report, prepared by a civil engineer regis- tered in the state and based upon adequate test borings, may be required for every subdivision. The City Engineer may determine that, due to existing information available on the soils of the subdivision, no analysis is necessary. If the soils engine- ering report indicates soil problems which, if not corrected, could lead to structural defects, a soils investigation of each lot in the subdivision may be required. The soils engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, when necessary, and opinions and recommendations covering adequacy of sites for development; (A subdivision where soil or geologic problems exist may be ap- proved if the City determines recommended corrective measures are sufficient to prevent damage to structures or public improvements within or adjacent to the area to be subdivided. Recommended cor- rective measures may be required conditions of improvement plans and building permits. ) K. In potential noise problem areas identified in the noise element of the general plan, specific site analysis by an acoustical en- gineer or other approved professional with qualifications in acoustic design may be required by the Community Development Director . Such study shall define the noise exposure problems, conclusions and recommendations for corrective or mitigating. mea- sures, when necessary, and opinions and recommendations covering the suitability of the site for development; L. Preliminary title report (current within six months) ; M. An authorization consenting to the proposed subdivision signed by all parties having a fee title interest in the property to be subdivided; N. In areas where septic systems will be utilized for waste disposal, a percolation test for each lot. O. Any other information which the Community Development Director determines is necessary for full evaluation of the proposed subdi- vision. 11-5. 005 Application requirement . The subdivider shall provide the community development department with as many copies of the tentative map and supplementary material as requested by the Community Development Director , plus one transparent copy of the tentative map reduced to eight and one-half inches by ele- ven inches. -24- • 0 Chapter 6 FINAL MAP FORM, PREPARATION AND OTHER REQUIREMENTS Sections: 11-6.001 General preparation requirements. 11-6.002 Form and contents. 11-6.003 Title sheet of final tract map. 11-6 .004 Statements, documents and other data to accompany final tract map. 11-6.005 Separated property. 11-6.006 Final parcel maps - preparation. 11-6 .001 General preparation requirements. Final tract maps shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor , shall be based on survey, and shall substantially conform to the approved or condition- ally approved tentative tract map. They shall be prepared in accor- dance with the Subdivision Map Act and the provisions set forth in Sections 11-6.002 through 11-6.005. 11-6 . 002 Form and contents. A. The final tract map shall be legibly drawn, printed or reproduced by a process assuring a permanent record in black on durable, transparent material. All lines, letters, figures, certificates, affidavits and acknowledgments shall be legibly stamped or printed upon the map with waterproof opaque ink. If ink is used on poly- ester base film, the ink surface shall be in such condition when filed so that legible prints may be made from it. An eight- and-one-half inch by eleven inch reduced transparency of each sheet shall be delivered to the City Engineer . B. Each sheet of the final tract map shall be eighteen inches by twenty-six inches, with a marginal line drawn on all sides, leav- ing a one-inch blank margin. The map shall be to a minimum scale of one inch equals one hundred feet unless otherwise approved by the City Engineer. Drafting symbols shall be as shown in the standard details adopted by the City. C. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets , and its relation to each adjoining sheet shall be clearly shown. A map containing more than four (4) sheets shall have a key map. D. Each sheet of the final tract map shall state the number and name, if any, of the tract, the scale and north point. E. The map shall show all survey data necessary to locate all monu- ments and to locate or retrace all interior and exterior boundary -25- lines, lot lines, and block lines appearing on the final tract map, including bearings and distances, to the nearest one-hun- dredth foot, of straight lines, and radii and arc length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish subdivision boun- daries. When bearings or lengths of lot lines in any series of lots are the same, those bearings or lengths may be omitted from each interior parallel lot line of the series. Any nontangent curve shall have either a bearing on the radial at the beginning of curve shall have either a bearing on the radial at the begin- ning of curve or end of curve or on the true tangent. Each re- quired bearing and length shall be shown in full; no ditto marks or other designation of repetition shall be used. F. The final tract map shall show monuments found or set in the man- ner described in subsection E of this section. If monument set- ting has been deferred, the map shall note which monuments are in place and which are to be set noting a specific date. Securities shall be posted with the City Engineer insuring the monuments will be set. G. The final tract map shall show the definite location of the sub- division, particularly in relation to surrounding surveys. H. Lots shall be numbered consecutively beginning with the numeral "1" and continuing without omission or duplication throughout the entire subdivision. No prefix or suffix or combination of letter and number shall be used. Each lot shall be shown entirely on one sheet. I. Blocks shall not be designated by number or letter . J. The area of each lot containing one acre or more shall be shown to the nearest one-hundredth acre; the area of each lot containing less than one acre shall be shown to the nearest square foot. K. The boundary lines of the subdivision shall be clearly identified and emphasized by a distinctive ink border, approximately one- eighth inch wide, applied on the reverse side of the tracing and outside the boundary line. The line shall be of such density that it can be transferred to a blue line print without obliterating any line, figure or other data appearing on the map. The tract boundary shall be based on record data on file at the office of the county recorder and must be re-established by methods common- ly accepted in the field of surveying and in accordance with state law. The method of survey and basis of bearing shall be clearly indicated on the final map. L. The centerline or side lines of each easement to which the lots in the subdivision are subject shall be shown upon the final tract map. If such easement cannot be definitely located from the rec- ords, a statement showing the existence of such easement shall be placed on the title sheet of the final tract map and the approxi- mate location shall be shown. All easements shall be designated -26- on the final tract map by fine dashed lines. Distances and bear- ings on the side lines of lots which are cut by easements shall be so arrowed or shown that the final tract map will indicate clearly the actual length and bearing of each lot line. The width of such easement or the lengths and bearings of the side lines and suffic- ient ties thereto to locate it definitely with respect to the sub- division shall be shown. Each easement shall be clearly labeled, identified and marked as to nature and purpose, and if already of record, its record reference shall be shown; if not of record, a statement of such easement shall be placed on the title sheet of the final tract map. If such easement is being dedicated by the final tract map, it shall be properly set out in the owner ' s cer- tificate and dedication on the title sheet of the map. All notes or figures pertaining to existing easements shall be smaller and lighter than those relating to the subdivision itself. Figures pertaining to easements shall be subordinated in form and appear- ance to those relating to the subdivision. M. Each street, or other public way or public utility right-of-way within the boundaries of the subdivision shall be shown on the final tract map. The centerline and width of each street shall be shown, and, in the case of a proposed street or way, the width of that portion to be dedicated, if any, shall also be shown. On each centerline, the bearing and length of each tangent and ra- dius, central angle and length of each curve shall be indicated. N. In the event the City Engineer , State Highway Engineer , or County Engineer shall have established the centerline of any street in or adjoining the subdivision, such centerline shall be shown and the monuments which determine its position indicated with reference to a field book or map showing such centerline. If such position is determined by ties, that fact shall also be indicated on the map. 0. The location, width and extent of future streets and alleys shall be shown on the final tract map and shall be offered for dedica- tion as public streets by a dedicatory clause conforming to the requirements of the Subdivision Map Act. P. Any street or way which is intended to be kept physically closed to public travel or posted as a private street at all times may be shown as a private street. Sufficient data shall be shown on each private street to define its boundaries and to show clearly the portion of each lot within such street. In order to provide for utility service to individual lots, such streets may be offered and accepted as public utility easements. Q. The names of all streets and highways within and/or adjacent to the subdivision shall be shown on the final map, spelled out in full and including suffixes such as "road" , "street" , "avenue" , "place" , "court" or other designation. R. All watercourses, storm drains and areas subject to inundation during a one-hundred-year storm shall be outlined and marked on the final tract map and shall be covered by easements for access and maintenance. Elevations of floodwater based on City datum -27- shall be noted on the map. All other natural watercourses or bod- ies of water shall also be delineated. The City Engineer may re- quire that a benchmark monument or monuments be set and shown on the final map. S. All areas shown on the final tract map which do not constitute a part of the subdivision shall be labeled "not a part" or "N.A.P. " All lines delineating those areas shall be dashed. T. Any City boundary crossing or adjoining the subdivision shall be shown on the final tract map. U. The total acreage within the subdivision shall be stated on the final tract map. V. When a subdivision is of a portion of any unit or units of im- proved or unimproved land, the map may designate as a remainder that portion which is not divided for the purpose of sale, lease or financing. Such designated remainder parcel need not be indi- cated as a matter of survey, but only by deed reference to exist- ing boundaries of such remainder if such remainder has a gross area of five acres or more. If so designated, such remainder par- cel shall be treated as set out in Section 66424.6 of the Cali- fornia Government Code, or its successor section, as it may be amended from time to time. 11-6.003 Title sheet of final tract ma The title sheet of each final tract map shall contain: A. A title consisting of the number and name of the tract, if any, and the words "in the City of Atascadero" ; B. A description of all of the real property being subdivided, refer- ring to such map (s) as have been previously recorded or filed with the County Recorder pursuant to a final judgment in any action in partition. When necessary for greater clarity or definiteness, supplemental reference may be made to any other map on file in the office of the county recorder. Each reference to any tract or subdivision shall be so noted as to be a unique description and must show a complete reference to the book and page records of the county; C. A certificate signed and acknowldged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final tract map, subject to the exceptions and under the conditions set out in Section 66436 of the California Government Code. D. In the case of final maps filed for reverting subdivided land to acreage, the title sheet shall carry a subtitle consisting of the words "a reversion to acreage of (description as required) " ; E. A basis of bearing shall be shown on every map containing a field survey. A basis of bearing is a line or record which has been re-established based on points found on the line. The points -28- • 0 shall, be the same points used to identify the line on the map of record which shows the line ' s bearing; F. In case of dedication or offer of dedication, a certificate signed and acknowledged by those parties having any record title interest in the real property subdivided, offering certain parcels of real property for dedication for certain specified public use, subject to such reservations as may be contained in any such offer, as required by the Subdivision Map Act. If the offer includes dedica- tion for street or highway purposes, and the council has so re- quired, the certificate shall include a waiver of direct access rights from any property shown on the final map as abutting on the street or highway; If any street shown on the final map is not offered for dedica- tion, the map certificate shall contain a statement to that ef- fect. If such a statement appears on a map approved by the coun- cil, public use of such street shall be permissive only but shall include use by emergency vehicles. Map certificates shall state the extent to which any street not offered for dedication is of- fered as a public utility easement. An offer of dedication for utility or street purposes shall be deemed not to include any public facilities located within the area being dedicated unless, and only to the extent, the intent to dedicate such facilities is expressly stated in the certificate; G. The following certificates for execution as specified and as re- quired by the State Subdivision Map Act. 1. CITY COUNCIL' S CERTIFICATE'- : I hereby certify that this subdivision was duly adopted and approved and (the dedication of all streets and easements shown hereon were accepted, accepted subject to improvement, rejected without prejudice) was accepted by the Council of the City of Atascadero on , 19 , and that the City Clerk was duly authorized and directed to endorse hereon its approval of the same. Dated: Boyd C. Sharitz , City Clerk 2. 1CITY PLANNING COMMISSION CERTIFICATE iTFi'sis o cer i y a have examined this map and have determined that said map substantially conforms to the tenta- tive map as approved by the Planning Commission of the City of Atascadero on , 19 and the con- ditions imposed thereon. Date: Henry Engen Secretary of the Planning Commission -29- 3. TRACT MAP NO. /OR PARCEL MAP AT Being a subdivision of (or : adjustment of the lines between) . . . .brief legal. . . . , in the City of Atascadero, County of San Luis Obispo, State of California. (If applicable add "of the Atascadero Colony" after legal description but before "in the City of Atascadero) . 4. OWNER' S CERTIFICATE (I , We) , the undersigned, hereby certify that (I, We) (are, am) (all) the owner (s) of, and all recordholder (s) of securi- ty interest in, and all parties having any record title in the real property included within the subdivision and project shown on this map, and that each of us does hereby consent to the filing and/or recordation of this map as shown within the colored border lines. And we hereby (add dedications or easement reservations or relinquishment of access rights. Must be specific as to type of dedication/easement and whether public or private) . We hereby dedicate to the public for public use and the bene- fit of the several public utility companies which are author- ized to serve in said subdivision, easements for public util- ity purposes, delineated on said map as "Public Utility Ease- ment" or P.U.E. . (owner) (owner) 5. ACKNOWLEDGEMENT State of County of On , 19 , before me, the undersigned a notary public in and for said state, personally appeared (owners name (s) ) personally known to me, or proved to me on the basis of satisfactory evidence, to be the person (s) whose name (s) (is, are) subscribed to the within instrument and acknowledged to me that (he, she, they) executed the same as owner (s) . Witness my hand and official seal. (notary signature) SEAL 6. ENGINEER' S/SURVEYOR' S STATEMENT This map was prepared by me or under my direction (and is based upon a field survey) (and was compiled from record data) in conformance with the Subdivision Map Act and local ordinances, at the request of (name) on (date) I hereby state that it conforms to the ap- proved or conditionally approved tentative map, if any. (signature) (expiration date) R.C.E. (No. ) SEAL (name) (or L.S. ) -30- • • 7. MONUMENT STATEMENT I , (engineer/surveyor ' s name) hereby state that all monu- ments are of the character and occupy the positions shown, (or that they will be set in such positions on or before (date) ) . The monuments shown hereon are (or will be) sufficient to enable the survey to be retraced. Engineer/Surveyor signature SEAL 8. COUNTY RECORDER' S CERTIFICATE Filed this day of 19 at .M. in Book of (Parcel) Maps, at page at the request of Document No. : Fee: By: County Recorder Deputy 9. UNPLOTTABLE EASEMENTS There are certain unplottable easements affecting this property. (name) (document #) 10. CITY ENGINEER' S CERTIFICATE (TRACT MAPS ONLY) I hereby certify that I have examined this Subdivision Map, that the subdivision as shown hereon is substantially the same as it appeared on the tentative map, that all provisions of the Subdivision Map Act and the Subdivision Ordinance of the City of Atascadero have been complied with and that I am satisfied that this map is technically correct. Dated: (name) or City Engineer R.C.E. # 11. CITY ENGINEER' S CERTIFICATE (PARCEL MAPS) This map conforms to the requirements of the Subdivision Map Act and local ordinances. Date: (name) City Engineer R.C.E. # 11-6 . 004 Statements, documents and other data to accompany final tract map. A. If any part of an area to be subdivided, lot or parcel, is subject to flood hazard, inundation, or geological hazard, it shall be clearly shown on the final tract map by a prominent note on each sheet whereon such conditions exist. Benchmark location shall be shown on the final map if required by the City Engineer. B. When a soils or geological report has been prepared, this fact shall be noted on the final tract map, together with the date of the report and the name and address of the soils engineer or ge- ologist making the report and the name and address of the person making the report. The note shall indicate any soil problems that -31- • • exist. The City shall keep those reports on file for public in- spection in the office of the Community Development Director . C. If a noise analysis has been prepared, asprovided in these regula- tions, this fact shall be noted on the final tract map, together - with the date of the report. The City shall keep these reports on file for public inspection in the office of the City Engineer. D. A copy of the required covenants, conditions and restrictions shall be submitted with the final tract map. E. Copies of reference maps, deeds, traverses of the boundaries or of the parcels being created and whatever other information is re- quired by the City Engineer to verify the accuracy of the survey. F. If all required improvements have not been accepted by the City prior to filing of the final map, an agreement and bond, as pro- vided by these regulations, shall be submitted. G. No final tract map shall be accepted by the City Engineer unless it is accompanied by a certification of the county tax collector that there are no liens for unpaid state, county, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable, against any of the land to be subdivided. H. No final tract map shall be accepted unless it is accompanied by a preliminary title report and subdivision guarantee issued by a title company authorized by the laws of the state to write such insurance, showing the names of all persons having any record ti- tle interest in the land to be subdivided and the nature of their respective interest. The title report or subdivision guarantee shall be less than ten (10) days old. I. A nonrefundable filing fee in the amount prescribed by resolution of the council shall accompany the final tract map. .11-6 . 005 --Separated property. When property is separated or divided by any parcel of land other than a public right-of-way and when the property is not contiguous (exclusive of such rights-of-way) , each portion of the property so separated or divided shall be divided as a separate parcel and shall be shown on a separate map. 11-6 . 006 Final parcel maps - Preparation. Final parcel maps shall be prepared by or under the direction of licensed land surveyor or registered civil engineer, shall substan- tially conform to the approved or conditionally approved tentative parcel map, shall be prepared in the manner required by the Subdivi- sion Map Act and with the following exceptions, shall comply with the requirements of Sections 11-6.001 through 11-6.004 : -32- A. Normally, a final parcel map shall be labeled by number (s) only; B. The certificate dedicating or offering dedication may be combined with the owner ' s certificate; C. There shall be a certificate for execution by the Community Devel- opment Director instead of those of the city clerk and planning commission certifying to the information of the sort contained in those certificates; D. The final parcel map shall be based upon a field survey made in conformity with the Land Surveyor ' s Act. -33- Chapter 7 LOT LINE ADJUSTMENT Sections: 11-7. 001 Application for lot line adjustment. 11-7 .002 Criteria for lot line adjustment. 11-7.003 Procedures for lot line adjustment. 11-7.001 Application for lot line adjustment. Application for lot line adjustment shall be in the same form as prescribed for tentative parcel maps (see Section 11-5.001) , except that a record of survey may be filed in place of a tentative map. 11-7.002 Criteria for lot line adjustment. A. A lot line adjustment shall be limited to the movement of a lot line roughly parallel to its existing location. B. The overall orientation of the lots shall remain unchanged. 11-7 . 003 Procedures for lot line adjustment. A. The procedures for staff review, and Community Development Direc- tor ' s action on lot line adjustments shall be as provided in Chap- ter 11-5 for tentative parcel maps. B. Upon a determination by the Community Development Director that the parcels resulting from the lot line adjustment will conform to the City' s zoning ordinance and building regulations, that the environmental protection measures established by the City will be complied with, and that the lot line adjustment will not result in a greater number of buildable parcels than originally existed, the lot line adjustment shall be approved. C. Conditions or exactions imposed on the approval of a lot line ad- justment shall be limited to those necessary to insure conformance with the City' s zoning ordinance and building regulations, facili- tate the relocation of existing utilities, infrastructure, and/or easements. D. Upon acceptance of all certificates, guarantees, and other docu- ments _ which are required in conjunction with the lot line adjust- ment, the Community Development Director may file a certificate of compliance, which shall refer to the approved lot line adjustment map, for each parcel affected by the change and shall cause a rec- ord of survey, deed, or a final map to be recorded in the office of the county recorder . -34- i • Chapter 8 SUBDIVISION DESIGN AND IMPROVEMENTS Section: Article I. General Considerations 11-8.101 General considerations. Article II. Lots 11-8 . 201 General requirements. 11-8.202 Lot dimensions. 11-8. 203 Solar orientation. 11-8. 204 Reserved. 11-8.205 Multiple frontages. 11-8.206 Depth-width relationship. 11-8 . 207 Lot lines. 11-8.208 Taxing district boundary. 11-8 . 209 Flag lots (deep lot subdivision) . Article III. Streets 11-8 . 301 General requirements. 11-8. 302 Access restrictions. 11-8.303 Street names. 11-8.304 Slope easements. 11-8 . 305 Street types and requirements. Article IV. Design Criteria and Improvement Standards 11-8 .401 General requirements. 11-8.402 Improvements. Article I. General Considerations 11-8 . 101 General considerations . The layout of streets and lots within a subdivision shall be con- sistent with the densities and types of uses authorized by the general plan, specific plans and zoning. The subdivision design shall also recognize the physical conditions of the site, such as slope, soil types, and adjacent land use, which may further limit uses of the property. The subdivider must simultaneously consider such factors as terrain, solar exposure, development objectives, and options available under these regulations in order to design a subdivision which best meets the needs of those who will occupy it as well as the community as a whole. -36- Article II . Lots 11-8. 201 General requirements . The design of lots should be based on intended use, topography and access requirements. Lots which are impractical for intended uses due to terrain, location of natural features, inadequate access, frontage, or buildable area, or other physical limitations will not be approved. 11-8. 202 Lot dimensions ' . - Each lot shall have the minimum area and dimensions indicated in the zoning ordinance for the zone in which it is located, unless otherwise increased by the provisions of this article. Each lot shall front on a street, or approved ingress and egress easement. 11-8.203 Solar orientation . The longest dimension -o--each lot shall be oriented within thirty degrees of south, unless the subdivider demonstrates that for certain lots: A. The lots are large enough to allow proper building orientation and maximum feasible control of solar exposure by the lot owner, re- gardless of lot orientation; B. Buildings will be constructed as part of the subdivision project (as in condominium or planned development) , and the buildings themselves will be properly oriented, with adequate solar expo- sure; C. Topography makes variations from the prescribed orientation desir- able to reduce grading or tree removal or to take advantage of a setting which favors early morning or late afternoon exposure, or where topographical conditions make solar energy infeasible; D. The size of the subdivision in relation to surrounding streets and lots precludes desirable lot orientation. 11-8.204 Reserved . 11-8 . 205 Multiple frontages . Single family residential lots with frontage on more than one street are discouraged, except for corner lots or where topography makes a single frontage impractical. The City may require the release of access rights on one frontage which shall be noted on the subdivi- sion map. 11-8.206 Depth-width relationship . Lots with a ratio of depth to width greater than three shall not be permitted unless there is adequate assurance that deep lot subdivi- sion will not occur or that deep lot subdivision and subsequent devel- opment will be accomplished without detriment to adjacent properties. 11-8. 207 Lot lines. -37- A. Lot lines should be at the top of slope banks. B. Side lot lines should be perpendicular to the street on straight streets, or radial to the street on curved streets, unless another angle would provide better building orientation for solar exposure or more lot area to the south of the likely building site. C. On corner lots, the intersection lot lines adjacent to streets shall be rounded with a twenty-foot radius. 11-8 .208 Taxing district boundary. No lot shall be divided by a taxing district boundary. 11-8.209 Flag lots (deep lot subdivisions) . Flag lots may be approved for subdividing deep lots subject to the following findings: (1) the subdivision is consistent with the char- acter of the immediate neighborhood; (2) the installation of a stan- dard street, either alone or in conjunction with neighboring proper- ties is not feasible; and (3) the flag lot is justified by topograph- ical conditions. Such subdivisions shall conform with the following. A. The accessway serving the flag lot (s) shall not be included in the determination of required lot area for any lot. B. The original lot shall have frontage on a dedicated street of at least the minimum length required by these regulations for the zone in which it is located, plus the accessway required to poten- tial rear lots. C. The accessway to the rear shall be at least twenty feet wide (de- veloped to City standards) for residential zones, except where the accessway is more than one hundred fifty feet long, it shall be at least twenty-four feet wide with twenty feet of pavement. For all other zones, the accessway shall be at least thirty feet wide with a paved roadway at least twenty-four feet wide. D. Each lot shall have yards as required by the zoning regulations, including a ten (10) foot setback along any accessway, whether easement or lot line. E. The lot farthest from the street shall own the accessway in fee. Other lots using the accessway shall have an access and utility easement over it. F. Lots utilizing the accessway of a flag lot may be required to en- ter into a road maintenance agreement to insure perpetual mainten- ance and repair of the accessway. G. A reflectorized house number master sign shall be located at the intersection of the street and accessway and individual reflector- ized address signs shall be placed on the right hand side of the driveway to each individual lot. Article III . Streets -38- • • 11-8.301 General requirements. A. The design of a subdivision street system should result from an evaluation of topographical conditions, the traffic likely to be generated by the types and numbers of planned uses, and the pur- pose of each street. The street system must allow an acceptable pattern of lots. 11-8. 302 Access restrictions. Reserve strips of land to control access from adjoining property to public streets may be required by the City. Such reserve strips shall be at least one foot wide. They shall be shown and clearly la- beled on the final map. Access restrictions may also be incorporated by note on the map. 11-8. 303 Street names. Streets which are continuations of existing streets shall have the same names. Streets which are not continuations or which have signif- icantly changed alignments shall have names which do not duplicate or closely resemble any other street names. Names for proposed streets .shall be submitted on the tentative map for approval by the City. Street names shall be of Spanish origin or shall honor a nonliving individual of historic significance to the community. 1.1-8 .304 Slope easements. Where excavation or fill slopes extend beyond the street right-of- way, easements for the slopes may be required by the City. 11-8. 305 Streettypes es and requirements. Requirements (i.e. , travel lane width, right-of-way width, etc. ) for various types of streets shall be as established by the City Eng- ineer and Director of Public Works. Article IV. Design Criteria and Improvement Standards 11-8 .401 General requirement. The design criteria for subdivisions and the required physical improvements for them shall be in compliance with the City' s grading ordinance, zoning regulations, subdivision standards and other appli- cable regulations or standards. 11-8. 402 Improvements. Improvement work, including grading, shall not be commenced until plans for all such work have been approved by the City Engineer . All improvements shall be constructed under the inspection of and to the satisfaction of the City. Improvements to be installed by the subdi- vider , in accordance with the subdivision standards established by the Public Works Department, include the following: A. Streets, curb, gutters, and sidewalks as required by the City Engineer. B. The subdivider shall make provisions for any railroad crossing necessary for the subdivision, including application to the Cali- -39- fornia Public Utilities Commission. C. Separate bicycle paths or bicycle areas may be required. D. Storm drainage, erosion and flood-control facilities shall be con- structed for the collection and transmission of stormwater from the subdivision to the nearest point of disposal which is satis- factory to the City Engineer . The subdivider shall be responsible for proper drainage of all stormwater which runs onto his property from adjacent properties. Storm runoff shall not be discharged into the public sanitary sew- er system. Perennial creeks should not be culverted or enclosed and intermittent streams shall be kept open unless there is no feasible alternative for development of the property. When water- ways are bridged, such bridging shall be accomplished by a clear- span structure, if feasible. E. Durable boundary monuments shall be installed and shown on the final map. F. Street name signs and traffic control and warning signs shall be installed as specified by the City Engineer . Traffic signals and traffic signal control conduits may be required by the City Engi- neer. G. Utilities to be installed by the subdivider shall include those listed in this subsection. The development of these facilities may require financial contribution for previous improvements to the systems, as provided in the most recent council resolution on utility connection charges, or in any agreement affecting a par- ticular portion of a system, or applicable easement. 1. Sanitary sewer laterals shall be stubbed to the front prop- erty line of each lot if sanitary sewers are available. All facilities for the transmission of sewage from each of the lots to the nearest adequate point of connection to the City' s sewer system shall be installed as acceptable to the City Engineer. Sewer lines need not be provided to lots which will be in perpet- ual open space use. All sewer mains shall be located within a dedicated City street or alley or within a recorded easement. (The City may make available its powers of condemnation, if needed, to acquire a sewer easement for development of a subdivision. All costs shall be borne by the subdivider. ) All manholes not within a street or paved drive shall be within an easement to the City and accessible by an all- weather dust-free road. 2. A water system for domestic service and fire protection shall be provided, including all facilities necessary for the transmission of water to each lot of the proposed subdivision from the nearest point of adequate supply, . satisfactory to -40- the City Engineer and Fire Marshall. Water service shall be stubbed to a meter vault at the front of each lot. Pumping and storage equipment to provide sufficient volume and dura- tion of flow of water shall be provided as determined by the Atascadero Mutual Water Company and City Fire Marshall. Fire hydrants shall be installed according to the City fire code and to the satisfaction of the Fire Marshall and City Engi- neer. Water lines need not be provided to lots which will be in perpetual open space use and which will not require irri- gation or fire suppression. The Fire Marshall may determine, however , that fire hydrants are required. 3. Electric power, gas and telephone services shall be stubbed to each lot and all facilities to distribute such services shall be provided according to the requirements of the re- sponsible utility companies. 4. Cable television service may be required. 5. Fire alarm conduit may be required by the Fire Marshall. H. All new utility distribution facilities shall be placed under- ground, except accessory facilities such as terminal boxes, meter cabinets and transformers may be installed above ground. The sub- divider shall make all necessary arrangements with the utility companies for these facilities. I. The subdivider shall carry out protective measures as required by the City to assure the proper functioning and maintenance of other required improvements and properties adjacent to the subdivision. Temporary protective improvements may be required prior to or con- current with the construction of permanent improvements. -41- Chapter 9 . P DEDICATIONS Sections: 11-9.001 General requirements. 11-9.002 Offer to dedicate easements to remain open. 11-9.003 Waiver of direct street access. 11-9. 004 Title insurance for dedication. 11-9.001 General requirements. All parcels of land intended or needed for public use shall be of- fered for dedication to the City before any subdivision is approved- typically, when the final map is filed. The subdivider shall grant whatever land or easements the City determines are necessary to ful- fill the purposes of these regulations. Such dedication of parcels or easements and improvements may be required for the following uses: A. Streets and alleys, including future streets; B. Private streets (conditional dedication) for emergency services; C. Pedestrian and bicycle paths, or sidewalks; D. Bus stops; E. Public utilities; F. Natural watercourses, storm drains and flood-control channels; G. Public access, including access for maintenance or fire protection; H. Protection of scenic and environmentally sensitive lands; I. Street trees; J. Parks and recreation facilities; K. Protection of slope banks, areas subject to flooding, and other potentially hazardous areas; L. School sites as may be necessary in accordance with the Subdivi- sion Map Act; M. Sites to be preserved for public use as provided in the Subdivi- sion Map Act; -42- N. Such other public purposes as the City may deem necessary, pro- vided the amount of property required to be dedicated bears a reasonable relationship to the increased need for public facili- ties created by the subdivision. 11-9.002 Offer to dedicate easements to remain open. If, at the time the final tract map or parcel map is approved, any of the easements set out in Section 66477 .2 of the California Govern- ment Code are rejected, the offers of dedication shall be irrevocable and the council may, by resolution at any later date and without fur- ther action by the subdivider , rescind its action and accept and open any of these easements for public use. The acceptance shall be re- corded in the office of the County Recorder . 11-9.003 Waiver of direct street access. The City may require that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final tract map or parcel map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of ,direct access. 11-9.004 Title insurance for dedication. Before a final map is recorded, or if dedication and offers of dedication are supplemented by separate instrument, before such in- strument or instruments are recorded, a - policy of title insurance shall be issued for the benefit and protection of the City. Any ex- 'pense involved in complying with the provisions of this section shall borne by the subdivider. -43- Chapter 10 SUBDIVISION IMPROVEMENT REQUIREMENTS Sections: 11-10.001 General requirements. 11-10.002 Preparation and form of improvement plans. 11-10.003 Grading plan. 11-10.004 Plan check fees. 11-10.005 Commencement of improvement work. 11-10.006 Inspection of improvement work. 11-10.007 Coordination of improvement work. 11-10.008 Improvements waived. 11-10.009 Oversizing improvements reimbursements. 11-10.010 Improvement agreement. 11-10.011 Form, filing and term of improvement agreement. 11-10.012 Minimum agreement provisions. .11-10.013 Additional agreement provisions. 11-10.014 Improvement security required. 11-10.015 Form, filing and term of improvement security. 11-10 .016 Labor and materials. 11-10.017 Liability for alterations or changes. 11-10 .018 Release of improvement security - Assessment district proceedings. 11-10.019 Release of improvement security - Completion of work. 11-10. 020 Withholding building permits. 11-10.021 Acceptance of improvements. 11-10. 022 Deferral of improvements for parcel maps. 11-10.001 General requirements. All improvements shall conform to these regulations and the sub- division standards. Improvement plans shall be completed by the sub- divider ' s engineer prior to the acceptance of the final map for fil- ing. Improvements not completed shall be guaranteed or bonded for, at the option of the City, prior to filing the final map. 11-10 .002 Preparation and form of improvement plans. A. Improvement plans shall be prepared by a registered civil engineer and shall show full details of all improvements required to be installed by the provisions of these regulations, and of all other improvements proposed to be installed by the subdivider within any street, alley, pedestrian way, easement or other public area or right-of-way. Full details shall include cross sections, plans, profiles, estimated costs and specifications. Preliminary plans may be submitted prior to the final plans to allow time for check- ing and correction. -44- B. The form, layout, scale and other particulars of the plans, and the number of copies .to be provided, shall be in accordance with the requirements of the City Engineer. 11-10.003 Grading plan. A grading plan and specifications prepared substantially in accor- dance with the preliminary grading plan approved as part of the ap- proved or conditionally approved tentative map shall be submitted as part of the improvement plans. A permit must be obtained in accord- ance with the provisions of the City' s grading regulations. 11-10.004 Plan check fees. At the time of the submission of the final improvement plans, the subdivider shall pay a fee for plan checking, in an amount established by resolution of the council. 11-10.005 Commencement of improvement work. Prior to the commencement of construction or installation of any improvements within any street, alley, path, easement or other public area or right-of-way, improvement plans shall have been approved by .the City Engineer and Encroachment Permits issued. 11-10.006 Inspection of improvement work. All improvements shall be constructed under the inspection of the City Engineer and the subdivider shall cause all such improvement work to be inspected at all times as the City Engineer may establish. The subdivider shall pay an inspection fee, in an amount established by resolution of the City Council, and enter into an Inspection Agree- ment, prior to the commencement of construction of the improvements. 11-10 . 007 Coordination ofimprovement rovement work. All work and improvements contemplated by and performed under the provisions of these regulations shall be accomplished so as to coordi- nate and minimize interference with other private or public develop- ment and to minimize its threat to public safety. 11-10.008 Improvements deferred or waived. The council may defer or waive all or a portion of the improve- ments which would otherwise be required if the subdivision map is for the purpose of consolidating existing lots and unsubdivided parcels, eliminating abandoned streets or alleys, or adjusting boundaries, when there is not public need for such improvements, or such improvements are not immediately necessary. 11-10.009 Oversizing improvements reimbursements. As a condition of approval of a tentative map, it may be required that improvements installed by the subdivider for the benefit of the subdivision be of a supplemental size, capacity or number for the ben- efit of property not within the subdivision, and that the improvement be dedicated to the public. If such condition is imposed, provision • for reimbursement to the subdivider , in the manner provided by the Subdivision Map Act, shall be contained in the subdivision improvement agreement entered into pursuant to these regulations, prior to any work being undertaken. -45- 11-10.010 Improvement agreement. i If the required improvements are not satisfactorily completed before a final map is filed, the subdivider shall enter into an agree- ment with the City to make all improvements as may be required upon approval of such map. 11-10.011 Form, filing and term of improvement agreement. A. The improvement agreement shall be in writing, shall be approved as to form by the City Attorney, and shall be secured and condi- tioned as provided in this chapter . The agreement shall be re- corded prior to or simultaneously with the final map. B. The improvement agreement shall be complete, subject to council approval, and on file with the City Engineer before the final map is filed for recording. The term of each improvement agreement filed pursuant to the provisions of this section shall begin on the date of recording and end upon the date of completion of ful- fillment of all terms and conditions contained therein, to the satisfaction of the council. 11-10 .012 Minimum agreement provisions. The agreement shall include the following provisions as minimum terms and conditions: A. Mutually agreeable terms to complete -all required improvements at the subdivider ' s expense; B. A provision that the subdivider shall comply with all requirements of these regulations, of this code, and of other applicable laws, and with all terms and conditions of required improvement permits; C. A statement indicating a period of time within which the subdi- vider shall complete all improvement work; D. A provision that, if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the City may, at its option, complete the required improvement work and the subdivider and his surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the City in completing such work; E. Provision for the repair and replacement of defective material and workmanship of the improvements by the subdivider for a period of twelve months after the improvements have been accepted by the council; F. A provision guaranteeing payment to the City for all engineering and inspection costs and fees not previously paid and all other incidental costs incurred by the City in enforcing the agreement. 11-10 .013 Additional agreement provisions. The improvement agreement may also include the following provi- sions and such other additional terms and conditions as may be re- -46- • • quired upon approval of the tentative map, or as are determined neces- sary by the council to carry out the intent and purposes of these reg- ulations: A. Provision for the repair , at the subdivider ' s expense, of any dam- age to public streets which may reasonably be expected to result from hauling operations necessary for subdivision improvements required by these regulations, including the importing or export- ing of earth for grading purposes; B. Mutually agreeable terms to acquire public easements which are outside the boundaries of the subdivision, at the subdivider ' s expense; C. Mutually agreeable terms to improve, at some undetermined future date, easements offered and reserved for future public use at the subdivider ' s expense; and providing that such improvements shall be secured by separate security in the manner prescribed in Sec- tion 11-11.014, and further providing that the requirements of this provision shall not delay the release of any other improve- ment security provided pursuant to Section 11-10 .014; D. Provision for reimbursement to be paid the subdivider under the provisions of the Subdivision Map Act; iE. A provision that the subdivider shall provide to the City, prior to the filing of the final map, letters from each utility company indicating that such companies have agreed to install, and will so install, the public utilities necessary to serve the subdivision. 11-10. 014 Improvement security required. The subdivider shall secure the foregoing improvement agreement in an amount determined by the City Engineer to be one hundred percent of the total estimated cost of the improvements and any additional act to be performed by the subdivider under the agreement, and such addi- tional amounts as the council may determine necessary to cover the costs, reasonable expenses and fees, including reasonable attorney' s fees, which may be incurred by the City in successfully enforcing the agreement. The requirement of the improvement security shall not be waived under any circumstances. 11-10.015 Form, filing and term of improvement security. A. The improvement security shall be conditioned upon the faithful performance of the improvement agreement and shall be in one of the forms provided in the Subdivision Map Act. The form shall be the choice of the City in each improvement agreement. (Improve- ment security for public utility improvements may be in the form of a letter of assurance from the utility. ) B. Improvement security shall be filed with the City Engineer , to- gether with the improvement agreement, before the City accepts the final map for filing. The form of the improvement security shall be subject to the approval of the City Attorney. -47- C. The term of the improvement security, filed pursuant to the provi- sions of this section to secure the faithful performance of the agreement, shall begin on the date of filing and end upon the date of completion or fulfillment of all terms and conditions of the improvement agreement, to the satisfaction of the council. 11-10.016 Labor and materials. When the improvement security provided pursuant to Section 11-10 . 014 is a surety bond, it shall be accompanied by a bond for the secur- ity of laborers and materialmen in an amount not less than fifty per- cent of the estimated cost of the improvements. When the improvement security is a cash deposit or instrument of credit, such security shall include an additional amount necessary for the protection of laborers and materialmen, but in no event less than fifty percent of the estimated cost of the improvements. Security for one hundred per- cent of the estimated costs, including a factor for inflationary cost increases, may be required. 11-10.017 Liability for alterations or changes. The liability upon the security given for the faithful performance of the agreement shall include the performance of any changes or al- terations in the work; provided, however, that all such changes or alterations do not exceed ten percent of the original estimated cost of the improvement. . 11-10.018 Release of improvement security - Assessment district proceedings. If the required subdivision improvements are financed and in- stalled pursuant to special assessment proceedings, upon the furnish- ing of the contractor of the faithful performance and payment bond required by the special assessment act being used, the improvement security of the subdivider may be reduced by the council by an amount corresponding to the amount of such bonds furnished by the contractor . 11-10 . 019 Release of improvement security - Completion of work. A. Improvement security may be released upon the final completion and acceptance of the work; provided, however , such release shall not apply to the amount of security deemed necessary by the City Engi- neer for the guarantee and warranty period, nor to costs and rea- sonable expense fees, including reasonable attorney' s fees, in- curred by the City in enforcing the improvement agreement. B. The council shall, upon report by the City Engineer , accept and certify the satisfactory completion of improvement work prior to any release of improvement security covering such work. 11-10 . 020 Withholding building permits. No building permit or similar entitlement of use shall be issued for the development of any lot within a subdivision until all required improvements are substantially completed or bonded for at the discre- tion of and to the satisfaction of the Community Development Director ; provided, however, building permits and entitlements may be issued for the development of a lot designated as a model home site when the Com- munity Development Director determines: -4R- A. The construction of all required improvements has progressed to the extent that completion of and acceptance of the work seems assured to occur within a reasonable period of time; and B. The development of the model home sites will not conflict with work in progress on the construction of therequired improvements . 11-10.021 Acceptance of improvements. After the final parcel map or final tract map has been recorded, all subdivision improvements properly installed in accordance with previously approved plans and specifications shall be accepted by the council and the subdivider and any other person having an interest in such completion shall be notified in writing by the city clerk of ac- ceptance by the council. At the time of acceptance, the City shall assume maintenance of the improvements except as otherwise provided in this chapter. Parcel map improvements may be accepted by the Public Works and Community Development Directors; tract map improvements will be accepted by the Council. 11-10.022 Deferral of improvements for parcel maps. Improvements required for parcel maps may be deferred until a building permit or other entitlement for development of the parcel (s) • is granted by the City, unless the City Engineer and Community Devel- opment Director find that completion of- improvements is necessary to protect the public health and safety or is a necessary prerequisite to the orderly development of the surrounding area. If these findings are made, the City may require completion of the improvement require- ments within a reasonable time following approval of the parcel map and prior to the issuance of permits for development. • -49- Chapter 11 SUBDIVISION EXCEPTIONS Sections: 11-11.001 Exception authority. 11-11.002 Required findings and conditions. 11-11.003 Filing applications - Timing of action upon. 11-11.004 Filing applications - Form and content. 11-11.005 Planning Commission or Community Development Director ac- tion. 11-11.006 Council action 11-11.001 Exception Authority. Upon the recommendation of the Planning Commission or Community Development Director , or upon its sole determination, the Council may authorize exceptions to the requirements or standards imposed by these regulations; provided, however , that no exceptions may be made to any requirements imposed by the Subdivision Map Act; and further provided that nothing in this chapter shall be construed as altering or con- flicting with the powers and duties of the City to approve variances from the zoning Regulations. 11-11. 002 Required findings and conditions. A. Before any exception is authorized, all of the following findings shall be made: 1. That the property to be divided is of such size or shape, or is affected by such topographic conditions, that it is im- possible, impractical or undesirable, in the particular case, to conform to the strict application of the regulations codi- fied in this title; and 2. That the cost to the subdivider of strict or literal compli- ance with the regulations is not the sole reason for granting the modification; and 3. That the modification will not be detrimental to the public health, safety and welfare, or be injurious to other prop- erties in the vicinity; and 4. That granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the • General Plan and with all applicable specific plans or other plans of the City. -50- B. In granting any exception, the council shall impose such condi- tions as are necessary to protect the public health, safety and welfare, and assure compliance with the General Plan, with all applicable specific plans, and with the intent and purposes of these regulations. 11-11.003 Filing applications - Timing of action upon. Exception requests shall be filed with the tentative map and shall be processed with the map and acted upon concurrently. 11-11.004 Filing applications - Form and content. A. Applications for exceptions shall be filed, in writing, by the subdivider with the Community Development Director, upon a form and in the number of copies required for that purpose. B. Each application shall state fully the nature and extent of the exception requested, the specific reasons for it, and the facts relied upon to reach those conclusions. 11-11.005 Planning Commission or Community Development Director action. The Planning Commission (tract map) or Community Development Director (parcel map) shall separately consider any request for an exception and shall recommend approval or conditional approval only after determining that findings can be made which substantiate the criteria set out in section 11-8 .101. 11-11. 006 Council action. The Council shall consider any request for exceptions, and the recommendation on such request, at the same time as the council con- siders the tentative map and shall grant, conditionally grant, or deny the request. -51- Chapter 12 REVERSION TO ACREAGE Sections: 11-12.001 Purpose. 11-12.002 Initiation of proceedings. 11-12.003 Public hearing. 11-12.004 Required findings. 11-12.005 Required conditions. 11-12.006 Delivery of reversion map to county recorder. 11-12.007 Effect of filing reversion map with the county recorder. 11-12. 008 Tax bond not required. 11-12.001 Purpose. This section is intended to enable the aggregation of subdivided real property. 11-12.002 Initiation of proceedings. Proceedings for reversion to acreage may be initiated by the Council on its own motion or by petition of all of the owners of rec- ord of the real property within the area to be reverted. The petition shall contain the following: A. Adequate evidence of title to the real property within the subdi- vision; B. A statement outlining the use, nonuse, viability or lack of neces- sity for existing easements, offers of dedication or similar attachments which are to be vacated or abandoned or maintained; C. Sufficient data to enable the council to make all of the determin- ations and findings required by this chapter ; D. A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion, and the bound- ary of the area to be reverted to acreage; E. Any other pertinent information as may be required by the Com- munity Development Director . 11-12.003 Public hearing. After giving notice as provided in Section 11-4.111, the council shall hold a public hearing on the proposed reversion to acreage. 11-12. 004 Required findings. Before approving the map, the council shall find that: A. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospec- -52- B. In granting any exception, the council shall impose such condi- tions as are necessary to protect the public health, safety and welfare, and assure compliance with the General Plan, with all applicable specific plans, and with the intent and purposes of these regulations. 11-11.003 Filing applications - Timing of action upon. Exception requests shall be filed with the tentative map and shall be processed with the map and acted upon concurrently. 11-11.004 Filing ap lications - Form and content. A. Applications for exceptions shall be filed, in writing, by the subdivider with the Community Development Director, upon a form and in the number of copies required for that purpose. B. Each application shall state fully the nature and extent of the exception requested, the specific reasons for it, and the facts relied upon to reach those conclusions. 11-11. 005 Planning Commission 'or Community Development Director action. The Planning Commission (tract map) or Community Development Director (parcel map) shall separately consider any request for an exception and shall recommend approval or conditional approval only after determining that findings can be made which substantiate the criteria set out in section 11-8 .101. 11-11. 006 Council action. The Council shall consider any request for exceptions, and the recommendation on such request, at the same time as the council con- siders the tentative map and shall grant, conditionally grant, or deny the request. -51- Chapter 12 REVERSION TO ACREAGE Sections: 11-12.001 Purpose. 11-12.002 Initiation of proceedings. 11-12.003 Public hearing. 11-12.004 Required findings. 11-12.005 Required conditions. 11-12.006 Delivery of reversion map to county recorder. 11-12.007 Effect of filing reversion map with the county recorder. 11-12.008 Tax bond not required. 11-12.001 Purpose. This section is intended to enable the aggregation of subdivided real property. 11-12.002 Initiation of proceedings. Proceedings for reversion to acreage may be initiated by the Council on its own motion or by petition of all of the owners of rec- ord of the real property within the area to be reverted. The petition shall contain the following: A. Adequate evidence of title to the real property within the subdi- vision; B. A statement outlining the use, nonuse, viability or lack of neces- sity for existing easements, offers of dedication or similar attachments which are to be vacated or abandoned or maintained; C. Sufficient data to enable the council to make all of the determin- ations and findings required by this chapter ; D. A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion, and the bound- ary of the area to be reverted to acreage; E. Any other pertinent information as may be required by the Com- munity Development Director. 11-12.003 Public hearing. After giving notice as provided in Section 11-4. 111, the council shall hold a public hearing on the proposed reversion to acreage. 11-12. 004 Required findings. Before approving the map, the council shall find that: A. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospec- -52- 0 tive public purposes; and B. Either : 1. All owners having an interest in the real property to be re- verted to acreage have consented to reversion; or 2. None of the improvements required to be made have been made within two years from the date the final tract or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or 3. No lots shown on the final tract or parcel map have been sold within five years from the date such map was filed for rec- ord. 11-12.005 Required conditions. As conditions of reversion, the council shall require: A. Dedications or offers of dedication necessary for the purposes specified by the regulations set out in this title; B. Retention of all previously paid fees if necessary to accomplish the purposes of the regulations set out in this ti*le; C. Retention of any portion of required improvement security or de- posits if necessary to accomplish the purposes of this chapter . 11-12. 006 Delivery of reversion map to county recorder . After the hearing and approval of the final reversion to acreage map by the council, the City Clerk shall transmit the map to the County recorder for recordation. 11-12. 007 Effect of filing reversion map with the county recorder . A. The filing of the map with the county recorder shall constitute reversion to acreage of the real property affected, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect. B. When a reversion is effective, all fees and deposits shall be re- turned and all improvement security released, except those re- tained pursuant to Section 11-14. 001. 11-12. 008 Tax bond not required. A tax bond shall not be required in reversion proceedings. • -53- Chapter 13 LOT MERGER Sections: 11-13.101 Purpose. 11-13.102 Application. 11-13.103 Procedures for lot merger. 11-13.101 Purpose. This section is intended to enable the merger of contiguous par- cels where the Community Development Director and City Engineer have determined that requirements for on-site and off-site improvements have been satisfied or will be imposed as a condition of a future en- titlement for use of the subject parcel (s) . 11-13.102 Application. Application for lot merger shall be made in a form prescribed by the Community Development Director. 11-13.103 Procedures for lot merger . A. Upon a determination by the Community Development Director and City Engineer that the lots proposed for merger are legal lots, that the owners of the subject lots consent to the proposed mer- ger, and that all public improvements normally required for parcel map approval have either been installed and accepted or will be required as part of a future entitlement for use or development of the subject lot (s) , a certificate of lot merger shall be prepared. Said certificate shall describe the new exterior boundary of the lot after merger and shall be recorded in the Office of the County Recorder. B. Action of the Community Development Department may be appealed to the Planning Commission. Appeals must be filed in writing, with the Community Development Director , within fourteen (14) calendar days of the action being appealed. -54- Chapter 14 FEES Section: 11-14. 001 Council ' s authority. 11-14. 001 Council' s authority. The Council shall, by resolution, establish fees to be charged of subdividers, and procedures for collection and refunds for any activi- ties authorized or required by this title, including appeals and re- quests for continuance or time extension. -55- Chapter 15 APPEALS Sections: 11-15.001 Right to appeal--controlling provisions. 11-15.002 Method and form of appeal. 11-15.001 Right to appeal--Controlling provisions. Any person may appeal decisions of the Planning Commission or Com- munity Development Director made pursuant to this title. 11-15.002 Method and form of appeal. A. Appeals of the decisions of the Community Development Director shall be made to the Planning Commission in the form prescribed in Section 9-2.111 of this code. B. Appeals of the decisions of the Planning Commission shall be made to the City Council in the form prescribed in Section 9-1,111 et seq., of this code. s -56- Chapter 16 ENFORCEMENT Sections: 11-16.001 Generally. 11-16.002 Illegal subdivisions--Notification of Community Development DDirE,tor (equjred. 11-16.003 Cer 1 ica e o compliance--Application--Fee. 11-16.004 Certificate of compliance--Application--Determination. 11-16.005 Certificate of compliance--Recordation. 11-16.006 Illegal subdivisions--Permit issuance prohibited. 11-16.001 Gener lly, -E�ep�abat�it:!Lise provided in this title, the Community Develop- ment Director is authorized and directed to enforce the regulations set out in this title and the Subdivision Map Act for subdivisions within the City. 11-16.002 Illegal subdivisions--Notification of Community Develop- ment Director required. Any officer or employee of the City who has knowledge that real property has been divided in violation of the Subdivision Map Act or the regulations set out in this title, shall immediately so notify the Community Development Director. Upon receipt of the information, the Community Development Director shall file the notices required by the Subdivision Map Act. 11-16.003 Certificate of compliance--Application--Fee. A. Any person owning real property, or the agent or representative of such person, may file an application for a certificate of compli- ance to determine whether such real property complies with the provisions of the Subdivision Map Act and of this ordinance. Such applications shall be filed with the Community Development Direc- tor, who shall be responsible for the issuance and recordation of the same. The form of the application shall be prescribed by the Community Development Director. B. A nonrefundable fee in an amount specified by resolution of the Council for each lot or parcel for which a certificate is sought, shall accompany the application. 11-16 . 004 Certificate of compliance--Application--Determination. A. Within fifteen days after the filing of the application for a cer- tificate of compliance, the Community Development Director shall grant, conditionally grant, or deny such application. B. If at any time during the processing of the application for a cer- -57- tificate of compliance, the Community Development Director deter- mines ' that additional information or data is rmaii,ed, ththeppli- cant shall be promptly advised in writing, by ad- ditional material to be supplied before further action will be taken on the application. C. If the application for a certificate of compliance is to be con- ditionally granted, the Community Development Director shall im- pose all conditions reasonably necessary to protect the public health, safety and welfare. D. The applicant shall be notified, in writing, of the actionthtaken on the application and of the findings of fact supporting cision. If the application for certificate of compliance is de- nied, notices shall be recorded as required by Section 11-16.002. 11-16.005 Certificate of compliance--Recordation. A. The certificate of compliance shall be filed for recording with the County Recorder by the Community Development Director. Such certificate shall identify the real property and shall state that the configuration thereof othercomplies provisionsaoflthislcodeprovisions regulating these regulations and the division of land within the City. B. A certificate of compliance granted with conditions shall not be recorded until all conditions have been met, or until assurance that such conditions will be met, in a form approved by the City Attorney and accepted by the Community Development Director. 11-16.006 Illegal subdivisions--Permit issuance prohibited. No board, commission, officer or employee of the City shall issue any certificate or permit, or grant any approval necessary to develop any real property within the City which has been divided, or which resulted from a division, in violation of the provisions of the Subdi- vision Map Act or of this title. -58- • M E M O R A N D U M TO: City Council February 9 , 1988 VIA: Michael Shelton, City Manager K� _ FROM: Henry Engen, Community Development Director - RE: Ordinance No. 164 (Second Reading) BACKGROUND: On January 26, 1988, the City Council considered on first reading Ordinance No. 164. Following public hearing, Council passed pro- posed Ordinance No. 164 on first reading. RECOMMENDATION• 1. Read by title only. • 2. Approval of attached Ordinance No. 164 on second reading. HE:ph Attachments: Draft Ordinance No. 164 • ORDINANCE NO. 164 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 24 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED AT 11250/11350 EL CAMINO REAL FROM RS (RESIDENTIAL SUBURBAN) TO CN (FH) (NEIGHBORHOOD COMMERCIAL) (ZC 14-87 FREDERICK) WHEREAS, the proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment . The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on January 5, 1988 and has recommended approval of Zone Change 16-87 . • NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1 . Council Findings. 1 . The proposal is compatible with the surrounding land use and zoning. 2 . The proposal is consistent with the General Plan land use element and other elements contained in the General Plan, and specifically, policies pertaining to commercial development as expressed in the General Plan land use element . 3. The proposal will not result in any significant adverse environmental impacts . The Negative Declaration prepared for the project is adequate. Section 2 . Zoning Map. Map number 24 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify portions of Lot 8 and 9 of Block 66 of the Atascadero Colony as show on the attached Exhibit "A" which is hereby made a part of this ordinance by reference. Ordinance No. 164 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a .m. on the 31st day after its passage. On motion by and seconded by _ tetfie—motion—as—approved by the following role call vo : AYES: NOES: ABSENT: DATE ADOPTED: By ----------- '------------------ - BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk MICHAEL SHELTO City Manager PROV D AS FORM: REY JOR NS City Attorney 1 REPARED —U V%.,Mv^ HEN Y ENCER, C—o uni., V'Development Director �XNiBi i � �, .,.. :.. . �. CITY OF ATASCADERO loin" ;! 1878 !( ZSo �� r 3SD L( G�►r►!N a �a� CAD ►'�cl ave c, / p R • v Cl MIT ` \`♦ \` - 16 o R d ,T VIEJo �6 Cq Aj1 \ \0 fC CqM/^/o SpNZP Ri3O,1'ATI OM QEac I ° I _R-S R S 10 / �ON d2l� r� d FI� �,Y Zd)c+.rv.(�rU�1.I ��-� IooGI-9 ; Kik AG �I ; 7010 s7g5`Cg0Ego` M E M O R A N D U M TO: City Council February 9, 1988 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director RE: Ordinance No. 165 (Second Reading) BACKGROUND: On January 26 , 1988, the City Council considered on first reading Ordinance No. 165. Following pubic hearing, Council passed Ordin- ance No. 165 on first reading. RECOMMENDATION: 1. Read by title only. 2. Approval of attached Ordinance No. 165 on second reading. HE:ph Attachments: Draft Ordinance 165 ORDINANCE NO. 165 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAPS 7 8 17 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED ON SOMBRILLA AVENUE FROM RSF-X (HIGH DENSITY SINGLE FAMILY) TO RSF-Y (MODERATE DENSITY SINGLE FAMILY) (ZC 16-87 CITY OF ATASCADERO) WHEREAS, the proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment . The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on January 5, 1988 and has recommended approval of Zone Change 14-87 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1 . Council Findings. 1 . The proposal is compatible with the surrounding land use and zoning. 2 . The proposal is consistent with the General Plan land use element and other elements contained in the General Plan, and specifically, policies pertaining to residential development .as expressed in the General Plan land use element . 3 . The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2 . Zoning Map. Map numbers 7 8 17 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department are hereby amended to reclassify Lots 1A through 16 of Block E of the Atascadero Colony as show on the attached Exhibit • "A" which is hereby made a part of this ordinance by reference. Ordinance No. 165 Section 3. Publication. - The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a .m. on the 31st day after its passage. On motion by and seconded by ------------------ call ---- _ _�____Y_, the motion as approved by the following role vote AYES: NOES: ABSENT: DATE ADOPTED: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk MICHAEL SHELTON, City Manager APPROVE AS T FORM: J FEY JORGE E City Attorney J/ �/PREARED BY HENR ENG Commn y Development Director MENNEN �1�►���� � /III . . ■ = 1 --- iii► � ��� AG_N!) ITEM # • M E M O R A N D U M To : City Council Through : Mike Shelton, City Manager From: David G. Jorgensen, Admin. Svc . Direct Date: February 2, 1988 Subject : City Manager Recruitment Proposals RECOMMENDATION It is recommended that the City Council approve the recruitment proposal submitted by Becker & Bell , Inc . , in the amount of $6, 100.00, plus reasonable expenses not to exceed $7, 100.00. DISCUSSION At the last City Council meeting the Council directed staff to accept proposals for recruiting for a new City Manager . Staff was directed to seek proposals based on two sets of guidelines: ( 1 ) Cost to conduct 100 percent of City Manager recruitment and (2) Cost to conduct a partial recruitment working with City staff. Seven executive recruitment firms were selected to get proposals from. Four firms have responded ; one firm declined to submit a proposal ; one firm we were unable to contact and one firm did not send a proposal . The four firms who responded are: Becker & Bell , Inc . , Ralph Anderson & Associates , Shannon & Associates, and Jensen-Oldani & Associates, Inc . The proposed costs for a full recruitment are: Becker & Bell , .Inc . $ 6, 100 plus expenses Ralph Anderson & Associates 9,000 plus expenses Shannon & Associates 12,500 plus expenses Jensen-Oldani & Associates, Inc . 12,000 plus expenses Proposed costs for a partial recruitment are: Becker & Bell , Inc . $ 4,600 plus expenses Ralph Anderson & Associates 8,200 plus expenses Shannon & Associates No submission Jensen-Oldani & Associates, Inc . 5,500 plus $110/hour for assistance not covered in agreement Becker & Bell , Inc . are significantly less in price than the other firms. They have been associated with the City for several years in other capacities and are probably more familiar with the needs of the community than any of the other firms. Since they didn ' t include a lot of background information on their firm, it is uncertain as to their experience level in conducting recruitments of this kind , especially in comparison with the other firms. I see this, however , as a minor point and feel that they are more than qualified to conduct a recruitment of this kind . Copies of all the proposals are in the Personnel Office if the Council is interested in reading the total proposal . FISCAL DISCUSSION As was discussed at the mid-year budget meeting , funding for this activity can be taken from the General Fund fund balance recently identified and unallocated on any other projects. The budget would have to be opened to do this and a public hearing held . ALTERNATIVE • Selection of an executive recruiter can be as time consuming , lengthy and detailed as the Council deems appropriate. If the Council feels that it wants to be more involved in the selection and not rely on staff 's recommendation then interviews can be set up with representatives of each firm so the Council can not only review the written proposals , but get a feel for the personalities involved with each firm. Frankly, if the Council is anxious to begin the recruitment process, I see this depth of involvement in the firm selection process as taking time away from the actual recruitment period . The Council , once a firm has been retained , will have the opportunity of meeting with that firm and detailing the requirements necessary in selecting an appropriate City Manager for the City of Atascadero . \p\r\citymgr Becker & Bell, Inc. 10 Management Consultants- Labor Relations P.O. Box 2160 • Placerville,CA 95667 • Phone (916) 626-6010 PROPOSAL , January 29 , 1988 Mr . David Jorgensen Administrative Services Director City of Atascadero P. 0. Box 747 Atascadero , CA 93423 Dear Mr . Jorgensen: In response to the City of Atascadero ' s oral Request for Proposal to conduct an executive search for a City Manager , Becker & Bell , Inc . submits the following proposal to provide such services. OUTLINE OF WORK 1 . Advice and Leadership Becker & Bell , Inc . will conduct the recruitment and selec- tion process which will provide the best candidate for City Manager . To identify a qualified manager it will be neces- sary for our firm to have a clear understanding of the City --both in terms of the City organization and the community . City budgets and organization will be studied , along with minutes of City Council meetings and newspaper articles covering City issues . Council-member interviews will play an important role in this process . 2 . Time Frame Becker & Bell will assist the City Council in providing an appropriate recruitment selection tine frame . 3 . Develop a Candidate Profile Becker & Bell will assist the City Council in defining a City Manager profile necessary to seek out and match important candidate experience and qualifications to the needs of the position . We must also have a clear understanding of the type of manager wanted by the City Council . Through meetings with the Council , first individually , then as a group , Becker & Bell will compile a prioritized list of traits and skills desirable in the new manager . BI . B a • i City of Atascadero Executive Recruitment - Proposal Page 2 - 4. Compensation Becker & Bell will assist Council in precisely outlining the compensation package to be offered . In addition to the established salary level , the fringe benefit package must be outlined , and questions regarding payment of relocation costs and the possibility of an employment contract must be decided . Becker & Bell will assist the Council in this regard. 5 . Advertise/Search Becker & Bell will prepare advertisements for appropriate professional journals and an announcement which will be mailed to cities , counties , and other appropriate agencies . More importantly , we will seek out candidates who possess the traits and qualities identified in the profile established by the Council . 6. Screening An initial screening will be utilized to eliminate those candidates who do not possess the minimum qualifications . Further screening , designed to produce a recommended list of finalists for Council consideration , will be considered , utilizing a combination of the following techniques : reference checks supplemental questionnaires interviews background investigations review of work samples 7 . Council Screening Becker & Bell will develop a list of ten to twelve prospects to be screened by the Council to produce a list of three to five finalists . 8 . Final Interview Lecker & Bell will arrange Council interviews with selected finalists . In addition , Becker & Bell will suggest interview questions and , if desired , attend the interview sessions . Following the interviews , Becker & Bell will notify all unsuccessful candidates . 9 . Appointment Becker & Bell will assist with final reference checks , com- pensation negotiations , etc . , as requested by the Council . PERSONNEL ASSIGNED All work on this assignment will be performed by Don Becker and Steve Shinnerer . City of Atascadero Executive Recruitment - Proposal Page 3 SCHEDULING Becker & Bell , Inc . will be prepared to submit a list of recommended finalists within 120 days of the receipt by Becker & Bell of written authorization by the Council to commence the search or according to the schedule developed by the Council and agreed to by both parties . FEE Our fee for conducting the entire search is $6 , 100. Approxi- mately one-half the fee is due upon the City ' s written acceptance of this proposal ; the balance is due two weeks following the presentation of finalists to the Council . The fee shall be due and payable even if the City does , not select one of the candidates presented by Becker & Bell , Inc . To conduct a partial search ; that is , excluding Items No . 5 , 6 and 7 , the fee is $4 , 600 , with payment due as shown above . EXPENSES In addition to the fee , all reasonable and necessary expenses for advertisements , travel , telephone , etc . shall be reimbursed upon billing by Consultant . If you should have any questions , please do not hesitate to call Mr . Don Becker at (805) 642-1184 . May I take this opportunity to assure you of our sincere desire to be of assistance to the City of Atascadero . Yours truly , dL�L Yne' e Bellsident GB :mlb Enc . 7:1 AG!NDA DATA* February 9 , 1988 To: City Council Via : Mike Shelton, City Manager From: Bob Best, Parks and Recreation Director Subject : Ranger House Background Per Council direction, this item is being brought back to Council for further consideration. Staff was instructed to discuss the possibility of shared use of the Ranger House with Mental Health. On February 2, I met with Interim Mental Health Director Dan Woehl and Project Director Barbara Fisher. Findings It was the consensus of opinion that shared use of the facility has very limited possibilities. Recreation Department programs requiring usage of the facility conflict with the Mental Health schedule . Most activities the Recreation Division would schedule in this facility are weekday activities, and conflict with the schedule of Mental Health. While there are some times which may be available , the type of physical setup Mental Health has in the building would make it impractical to jointly share the building for more than a very limited use . Issue As stated during the January 26 Council Meeting, the issue is that there are two agencies who provide programs which both feel is important . Mental Health has been utilizing this facility since 1980, and this is not the first time this issue has came before the Council . The situation has changed in the past year as it relates to the needs of the City. At one time the Recreation Division had use of five rooms in the City Administration Building for recreational programs, and full use of the Lake Pavilion. Due to the needs of the City the Division now has only one room for programs, and this is always in demand for City meetings, making it very difficult to maintain consistency in scheduling. As Council is aware , the closure of the Lake Pavilion completely eliminated use by the department for recreation programs . In attempting to work with the problem confronting the department, staff investigated private facilities in the community. Most were either unavailable, could not accommodate the type of programs requested, or costs were excessive, making the program cost—prohibitive . Mental Health provides a program for approximately 45-50 mentally disabled patients on a weekly basis . It is their desire to keep the program in a park setting, as they believe there would be neighbor resistance to moving this type of program into the community. Two contrasting types of programs with facility needs provide the central issue question: should the City move Mental health out of Atascadero Lake Park or allow the Recreation Division to use the facility as a recreation resource? . If Council authorizes the use of this facility for recreation activities, it will allow the department to provide some programs, including day camp and pre-school programs for children, which it would either have to cancel or be unable to Provide . It is the desire of the community, the Council , and the department to provide as many programs for our youth as possible . The continued loss of facilities has made it very difficult to Provide these services . Recommendation Terminate the rental agreement the City has with San Luis Obispo County and provide for an adequate amount of time for Mental Health to relocate their program. The Rental Agreement with the County is a Month-to-Month with a 30 day termination without cause provision. Staff further recommends an adequate amount of time be allowed for Mental Health to locate a suitable facility, and would recommend a May 31 , 1988 date for termination of the rental agreement . This would provide the necessary time for relocation, and provide for the needs of the department for summer programs . Alternatives 1 . Allow the Mental Health to stay in the Ranger House under current conditions . 2 . Allow the Mental Health to stay in the Ranger House, but increase their rent to reflect market value for the facility. This alternative, while increasing revenues for the City, would not address the needs of the department for facilities . 3 . Charge Mental Health fair market value for using the Ranger House and use the funds to either help rent a facility or to build an adequate size building for recreational activities . . Fiscal Impact As previously discussed, Mental Health pays $250 per month rent to the City. The amount paid would be offset many times by recreation program fees and the services the City could provide its residents with the utilization of this facility. AGN .DA MEMORANDUM TO: City Council THROUGH: Mike Shelton , City Manager U" FROM: Paul Sensibaugh, Director of Public Works ,4*0- SUBJECT : Resolution to Increase Speed Limit on a Portion of E1 Camino Real DATE: February 2 , 1988 Recommendation: The Traffic Committee recommends that Council adopt the attached resolution . Background: This speed adjustment will correct inconsistant speed zoning on E1 Camino Real from San Jacinto to Rosario. Currently the northbound lane is posted 35 MPH while the southbound lane is posted 25 MPH. Fiscal Impact : The cost of this adjustment will be approximately $75 . 00 to be paid out of budgeted funds . • i • RESOLUTION NO. 16-88 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO INCREASING THE SPEED LIMIT ON EL CAMINO REAL IN THE SOUTHBOUND LANES BETWEEN SAN JACINTO AND ROSARIO AVENUES WHEREAS, Section 4 .2 .502 (a) of the Atascadero Municipal Code allows the City Traffic Engineer to determine the appropriate speed limit for streets within the City of Atascadero; and WHEREAS, it has been determined that to establish consistant speed zoning the speed limit in this section of E1 Camino Real should be 35 MPH. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the Traffic Engineer to cause the speed limit on the above section of E1 Camino Real to be increased to 35 MPH. On Motion by Councilman ,and seconded by Councilman ,the foregoing Resolution-is hereby adopted in its entirety on the following roll call vote : AYES : NOES : ABSENT : DATE: ATTEST : BOYD C . SHARITZ BARBARA NORRIS City Clerk Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUG� Cit Attorney y Dir , of Public Works/ City Engineer MEET:N AGENDA DATE ITEM � D`Z MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager � - FROM: Paul Sensibaugh, Director of Public Works SUBJECT : Road Acceptance Resolution DATE: February 2 , 1988 Recommendation : Staff recommends that Council approve the attached Resolution accepting Corriente Road into the city- maintained road system. Background: The road referred to here was constructed in 1986 by • the Gordon T . Davis Cattle Co . , in accordance with plans approved by the City Engineer . All required inspections have been completed and the road has been determined to have been constructed as to the plans . Fiscal Impact : By accepting this road into the city-maintained system the city will become responsible for the repair, however, no significant work is expected for several years . RESOLUTION NO. 22-88 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ACCEPTING CORRIENTE ROAD INTO THE CITY-MAINTAINED STREET SYSTEM The Council of the City of Atascadero resolves as follows : 1 . Pursuant to the provisions of Section 1806 of the California Streets and Highways Code, the following street is hereby accepted into the city street system: Street Name Length in Feet Miles Corriente Road 2640 .5 2 . A copy of this resolution shall be furnished to : Gordon T. Davis Cattle Co . On motion by Council Member and seconded by Council Member the Atascadero City Council hereby adopts the foregoing . resolution in its entirety on the following roll call vote : AYES; NOES : ABSENT ADOPTED: ATTEST : BOYD C . SHARITZ BARBARA NORRIS, Mayor City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGiV City Attorney Director of Public Works DOC.No. - 88890 yo OFFICIAL REOORDS RECORDING REQUESTED BY SAN LUIS OBISPO,CAL and when recorded, / please return to: DEC 291987 Twin Cities Engineering Inc. P. 0. Box 777 FRANCIS M.000NEY Templeton, CA 93465 County Clerk Recorder TIME 8:05 AM IRREVOCABLE & PERPETUAL OFFER TO DEDICATE APN# 50-221-16 0 0 0 - - - THIS OFFER TO DEDICATE, made the day of 19 by THIS S. Dishen $ Sandra Northro - Dis enof the ounty o an Luis Obispo, tate o California, ereina ter termed Offeror: WHEREAS, said Offeror desires to make an offer to dedicate, irrevocably, to the public an easement, for public road purposes, which offer may be accepted at any time by any governmental entity which -has the power to establish, construct and maintain roads. NOW, THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the following interest described below: Parcel 1 of Parcel Map AT86-015, as per map recorded in Book 41 of Parcel Maps, page 43, Records of said County. 2. That said Offeror does nereby irrevocably and in per- petuity offer to such governmental entity a dedication of a public right-of-way for road purposes and incidental uses upon the following described property: (Description) See Exhibit "A", attached hereto and made a part thereof. r 3. That until such time as the above offer of dedication is accepted by such a government entity, all owners of property contiguous to the above described road parcel shall have the right to the use of said road parcel as a private road. 4. That said Offeror agrees that said offer of dedication shall be irrevocable and that such a government entity may, at any time in the future, accept the offer of dedication of the public right-of-way. S. That said Offeror agrees that this irrevocable and per- petual Offer to Dedicate is and shall be binding on his heirs, legatees and assignees. IN WITNESS THEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and year first above written. p / 0 er Gary S. Dishen off-eror Sandra Nort4rop Dishen { 0 r7eror 0 eror Utteror . Offeror V0!:3n"OPAGE303 XHIBIT "A" All that portion of Parcel 1 of Parcel Map ATB6-015, as per Mo # recorded in Book 41 of Parcel Maps, page 43, Records of San Luis Obispo County, California, lying Westerly of the -Following described line: g Beginning at a point in the centerline of Corriente Road. 40. 00 feet wide, (formerly San Pedro Road) said Lots 10A and 13 of Block 45 of Atascadero1Colony, common to recorded in Book 3AC of Maps, page 61 per map and also common to Lot 18 of Block 26 of Atascaderoo Colon said County, map recorded in Book 3AC of Maps, y per County; P , page 32, Records of said Thence S 220 38' 29" E. a distance of 219. 19 feet to the POINT OF TERMINUS in the centerline of said Corriente Road, said point being common to Lot 11 of said Block 45 and 189 as shown on said Maps. common to said Lot i END OF DOCUMENT VOL 3090 PAGE 305 l N �ta lip t p.. rh h Q Ov Ar h 1 6 g1� J. \ s\ l N • o�, PLEASE INCLUDE INTO Yo COUNCIL PIET 2/9/88 ITT_'Y. D-2 .Opp � o O — ---- — ------ A/ O � N N N - 0 N9 er 'l A 3 h N a 3 2 e ar . Zk v a Z °• _' a e s x zF m o ,5s�• r Q a a . a.m• / �9 �'ss NbL'SCE mai° QIP a2 �N O r M e a N t i OEe ofd• uu N z5 1 4\ Q -/ //o . pc�.fzv 3a s oar• 0�0 z 0 CV '° N °6s.• 3 b dp o s°°. o O � n � h 14 - Q n n 3 �b ° zr9 h 706/ r N 4 O N \ b bb( s e a N U a o p i Ob'0�, Tj \ F 0 �3 r a • �. n 94^, o Q n a t F- (n Z M EI,dG AGF;IDA AT MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager FROM: Paul dM,. Sensibaugh, Director of Public Works SUBJECT : Stop Sign - Atascadero Avenue DATE: February 2, 1988 Recommendation : The Traffic Committee recommends that Council adopt the attached resolution establishing a Stop intersection for northbound traffic on Atascadero Avenue at the intersection with Santa Ynez Avenue. Background: The Traffic Committee, in response to a citizen request , visited the site and observed the hazardous condition of this intersection. At this loction Atascadero Avenue is lined with mature trees which obstruct the view of oncoming traffic from motorists stopped on Santa Ynez . The installation of a Stop sign on Atascadero Ave northbound at this intersection will improve the safety at this intersection . Fiscal Impact : The cost to the City is approximately $100 to be paid out of the 1987/88 budget . RESOLUTION NO. 19-88 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION ON ATASCADERO AVENUE AT SANTA YNEZ AVENUE WHEREAS, Section 4-2 . 801 et seq, of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections , and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic Committee * has recommended that establishing a STOP intersection on Atascadero Avenue at Santa Ynez will alleviate a hazardous traffic situation; NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOP intersection at the location listed above. On motion by and seconded by ,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote : AYES: NOES : ABSENT: ADOPTED: ATTEST: BOYD C . SHARTIZ, City Clerk BARBARA NORRIS, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works , City Engineer EXHIBIT A HIGH SCHOOL ti.i co to a 0 cc m uj bo9 Q •r4 U u4-Ji cn •�+ Q x h w Q •3Ad 13NA bl N bS p X �y osed StopSign x rt GQ D �� o Cd�dc' b � • d� O m aq0 � o e rd o - D m F PLEASE INCLUDE INTO YJJI AGENDA PACKET ' f A a L/ r M E M O R A N D U M TO: City Council Members January 9 , 1988 FROM . Michael Shelton City Manager, SUBJECT: ADMINISTRATIVE SERVICES DIRECTOR VACANCY RECOMMENDATION : 1 . Council authorize staff to solicit applications and interview applicants to appoint an Interim Finance Director . 2 . Council authorize recruitment of an Administrative Services Director department head position . BACKGROUND : The effective date of the Administrative Services Director resignation is February 29 , 1988 . Due to conversion of the computer , budget preparation responsibilities , and upcoming labor, negotiations , wor•kl clad demands for this position will be heavy . Accordingly , staff requests authorization to recruit , through the League of California Cities Public Service Skills , to fill the position on an interim basis , pending recruitment and selection of a new Administrative Services Director . DISCUSSION Staff has discussed , at length , the needs of the City as they relate to the duties of the Administrative Services Director, position . It is the feeling of the Administrative Services Director and Finance staff that stronger finance expertise and a stronger, finance focus is needed . Accordingly , the merit of recruiting for a Finance Director has also been discussed at length . The hiring of a Finance Director position would require the responsibilities of personnel and risk management to tall under, the City Manager ' s office . Staff feels the stronger financial focus can still be accomplished in recruiting for a replacement Administrative Services Director , by emphasizing .and selecting the neer candidate on the basis of a strong financial orientation . By this action , greater' personnel responsibility would be hi ft i to the Personnel cr ter~y Technician .ci•gin , Reco-gni z ng cur'r'ent duties and responwibi lities per'for'med by the Personnel Secr•e?.,ar,y T e c h n i c an , i t i S the i ntent o the cur'r'ent Admi ni str'ati ve S er'vices Di rector' ( Davi d .Jorgensen} to r,-:commend , in next Year, ' W budget process the upgrade- of the Personnel Technician position to that of .a Personnel Analyst . In r'ecr u i ti ng for, an Admi ni str'ati ve Ser'vices Dir'ector' , it is the staff ' s i ntent to adver•ti se the sal ar'y as "open" , a1 ong wi th showing the cur'r'ent salary , to enable a market survey to ensure a competitive compensation range to hire the new department head level position . Any salary range adjustment that may be needed wi 11 be presented for• Counci 1 approval , FINANCIAL IMPACT : There is basically no financial impact in hiring an Inter'i m Admi ni str'ati ve S wr'vi ces Director, , was the vacant :sal ar'y wi 1 1 be utilized for' the i nter'i m position . However' , a slight cost increase for, the Interim Admi ni str'ati ve -S'er'vices Di rector' may be r-quir'o3d over, current compensation . • ^.LTERN1ATIVES 1 . Cao not obtai n an i nter'i m position , placing th W r'=.sponsi b i 1 i ty of the Admi ni str,at i ve- er'vi cws Di rector' duties on .ur•r,ent Pi n•ance and Personnel einpl ogees , under"' the direction of th=: City Hanag�:r•/Acting City Man,a•zaer' . 2 i['-�C:r"'u tment of the Admi rig tr'.._i ti ve Eer'vi ces Di rector' position . cou i t-1 he Ciel caved unci 1 after' a new City Manager, is chosen , pr-ovidi ng enhanced fl ex bi 1 i ty for, the new Manager to anal yze and r,e commend the r'-p1 acem •ht of th,:: Admi ni str,ati ve t3er'vi cess Di rector' pos i ti on . This option ;Mould r'esul t i n an Admi ni strati ve Ser,vi ces Di r'ecI-or' i nter'i m or, vacancy for, 9- 12 months . The i ty may r'ever't back to a Finance D i rector' department he.9d ar-id t.lp�gr'acie the current P,r'-onne•1 Technician position to Per,sonneI Ana 1yst or' Assistant `o the Manager, , r'e'sponsible for p> r: onnel and risk man.=,ca:m>�nt in the W"ity Hanager' ' s Cfficw . M !<v i r • MEMORANDUM TO: Board of Directors THROUGH: Mike Shelton, City Manager FROM: Paul M. Sensibaugh, Director of Public Works SUBJECT : Sewer Onngexation - Larga Avenue - Mac Corkle DATE: February 2 , 1988 Recommendation : Staff recommends that the Board approve the attached Resolution annexing Lot 25 Block YB into Improvement District #1 . Background: Staff has received a request from the owner of the subject parcel to annex into Improvement District #1 due to site conditions which preclude standard septic systems . • Mandatory Connection : District Ordinance makes it mandatory for parcels to connect to a sanitary sewer within two (2) years of the time that the sewer becomes available. The sewer is considered "available" if it is constructed along the frontage with a dedicated right of way or easement . The owners of such an affected parcel have the right to request a variance in writing to the Board. This variance may, for example, be granted until such time as the septic system for the parcel fails . Upon connection to the sewer system the parcel will have to pay the annexation fee and run the service line at private expense . The developer may file for reimbursement from any future connections into the line for which they fronted the costs . Because District Ordinance makes connection mandatory we have, by regulation, set a Public Hearing for this item. Fiscal Impact : There is no cost to the District related to this • annexation . All costs incurred in the line extension are to be paid by the developer . In addition the Developer is required to pay all annexation and connection fees in effect at the time of connection . RESOLUTION NO. 21-88 A RESOLUTION OF THE ATASCADERO COUNTY SANITATION DISTRICT APPROVING EXTENDING PUBLIC SEWER SERVICE TO LOT 25 BLOCK YB AND INCORPORATING THE AREA CONCERNED INTO THE BOUNDARIES OF IMPROVEMENT DISTRICT NO. 1 WHEREAS, the Atascadero County Sanitation District is empowered by Section 4834 of the Health and Safety Code to annex territory already a part of the County Sanitation District to the Improvement District of that County Sanitation District ; and WHEREAS, Mr . Ron MacCorkle owns the property described in Exhibit A attached to this resolution; and WHEREAS, said, property, located on Larga Avenue, is contiguous with Improvement District #1 ; and WHEREAS, the proposed annexation has received a Negative Declaration pursuant to the provisions of the Environmental Quality Act ; NOW, THEREFORE, BE IT RESOLVED by the Directors of the Atascadero County Sanitation District as follows : Section 1 . The Board finds that the territory described in this resolution will be benefitted by such sewer service (Health and Safety Code Section 4830) Section 2 . The Board approves the connection of public sewer service to the following parcel , subject to the payment of appropriate fees as listed in the Atascadero County Sanitation District Code: Lot 25 Block YB APN 31-133-05 Section 3 . The area included in APN 31-133-05 , Lot 25 , Block YB is hereby incorporated into the boundaries of Improvement District NO. 1 . On motion by Board Member . and seconded by Board Member ,the foregoing resolution is adopted ' in its entirety by the following roll call vote . AYES: NOES: ABSENT: DATE: ATTEST : ATASCADERO COUNTY SANITATION DISTRICT MICHAEL B. SHELTON BARBARA NORRIS Secretary President APPROVED AS TO FORM APPROVED AS TO CONTENT r JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Dir , of Public Works +- N fes: 4V O _ j o%D 4p O t J O O O r R 01, A �. G%l N W-1 01 J _ N 9N � y _ r 'N2 it c ,a w O / i W � y �b ry GO. 0� a• .40 i• �� �W �1 6 � O a~ 112 rlf 4 il N26 a OW w .O �Ia a 03 .•ice O V N ,� - eM N !3 IT W 1; IM W .N Q ••gT.3 3J�_ �. r OQ M 26 a r C zoor v 4 O N 2 0 r O 4C o �a. got N. v 40 N 3 W _ u � � A 0 CD 8 - r_ N 00W Np W C 98.82 N • O.d�171 /7tt Z O O •!.+ f O O• O � V N2 00W - u N 300 a N25o //of N23 30 w a/ cO `1•+ /�V _ V hN Na N38 03w M- top O C17 ?9 3a M Oy O En '� � z.qv N 14811 +O y _ h fD p. En v~ rt gos o 9 +� >C H n 37 rr Oc i v 5Fl FJ " o p O t\ of 0 O x ON H e .E b8 I y, �L y F � ( PLEASE INCLUDE INTO YOU /9/88 COUNCIL PACKET ) • ITEM---: E =-1- 0 Ed Allred P.O. Box 1334 Atascadero, Ca 93423 February 4, 1988 Atascadero County Sanitation District Board of Directors City Administration Building 6500 Palma Avenue Atascadero, Ca 93422 This letter is to inform you that I protest the extension of the sewer main on Larga Avenue as referenced in the copy of the attached notice. I am the property owner of APN 31-133-06, 8185 Larga Avenue, Atascadero, which would be directly affected by any such extension. I am in the process of completing a new residence on my property and under District Ordinance if the sewer extension were completed, I would have to abandon the new septic system I recently installed. Before the City would approve my building plans and issue a building permit, they required that I submit plans for an engineered septic system which I did and subsequently received my building permit and installed the engineered septic system pursuant to said plans at a cost of over $4,500.00. To abandon my new septic system and pay for the extension of the new sewer main would create quite a needless financial hardship for me since my new system will last me many years. In the event I would choose: to hook up to a sewer line, I would choose to hook up on E1 Descanso and not Larga. This would alleviate the need for a sewage lift station as my property is well below the proposed sewer line on Larga and a gravity flow sewer line to E1 Descanso would be more logical and cost efficient. Because of my situation as explained herein I am asking for a variance. In the future if my existing new septic system fails, I would agree to bring the sewer line in from E1 Descanso and hook up with a gravity flow sewer line mentioned above. Sincerely, Ed Allred 8185 Larga Atascadero ..._ • ADMINISTRATION BUILDING CITY ATTORNEY POST OFFICE BOX 747 ATASCADERO,CALIFORNIA 93423 POST OFFICE BOX 749 PHONE: (8051 466-6000 ATASCADERO. CALIFORNIA 93423 PHONE: (8051 466.5678 CITY COUNCIL _ aseadet® CITY CLERK CITY TREASURER POLICE DEPARTMENT CITY MANAGER INCORPORATED JULY 2. 1979 POST OFFICE BOX 747 FINANCE DEPARTMENT ATASCADERO. CALIFORNIA 93 PHONE: (8051 466.8600 PERSONNEL DEPARTMENT PLANNING DEPARTMENT �.�._. PUBLIC WORKS DEPARTMENT RECREATION DEPARTMENT FIRE DEPARTMENT 6005 LEWIS AVENUE ._.�... ATASCADERO. CALIFORNIA 93422 PHONE: (8051 466.2141 NOTICE OF PUBLIC HEARING Notice is hereby given 3iat a Public Hearing will be held on February 9, 1988 before the Atascadero County Sanitation District Board of Directors (City Council) at 7:30 P.M. in the City Council Chambers, 4th Floor Rotunda, - City Administration Building, 6500 Palma Avenue, ATascadero, CA. This Public Hearing shall be on the proposed annexation of Lot 25 Block YB (APN 31-133-05) Any interested party desiringto make written rote protest against such annexation shall do so by written communication containing the signature and street address of the protestant, and shall be filed with the Clerk of the Atascadero County Sanitation District, P.O. Box 747, Atascadero, CA 93423, not I later than 7:30 P.M. on February 9, 1988. NOTICE: The proposed sewer annexation will require a ewer main extension, the construction of which may impact your property. District Ordinance requires all property to which sewer service is available to be connected to the sewer and abandon on-site disposal systems. Additionally, the cost of construction of the sewer main extension can be recoverable from . those required to connect. i February 5, 1988 To: Clerk Atascadero County Sanitation District P. 0. Box 747 Atascadero, CA 93423 From: C. J. and M. E. Scrivner Owners, Lot 39, Block YB 8150 Larga Atascadero, CA We, as joint owners of Lot 39, Block YB, City of Atascadero, wish to protest the proposed annexation of Lot 25, Block YB (APN 31-133-05). We request that a variance be ranted to allow us to continue to use our q 9 present on-site disposal system. We request that this variance be in effect until our present septic system fails. If the variance is not approved, we strongly protest the annexation. We also will attend the public hearing on February 9. Thank you for sending the notice. 0 CyrJ1 J. qcrivner Mary E. Sc vner PLEASE INCLUDE INTO YOUR 2/9/88 AGENDA PACKETS ITEM : E - 1 ------------ February 8, 1988 Clerk Atascadero County Sanitation District P. 0. Box 747 Atascadero, CA 93423 Dear Clerk: Thank you for sending the notice regarding the public hearing on the proposed sewer annexation of Lot 25, Block YB, City of Atascadero As the owner of Lot 40, Block YB, City of Atascadero, I wish to go on record as opposed to the annexation unless a variance is granted to allow me to continue to use my present on-site disposal system. I request that this variance be in effect until my present septic system fails. This • system has always functioned satisfactorily with no problems whatsoever. If the variance is not approved, I strongly protest the proposed annexation. Sincerely, Guido Lombardi Owner, Lot 40, Block YB 8160 Larga P. 0. Box 162 Atascadero, CA 93422 8 February 1988 0 Clerk of Atascadero County Sanitation District P. O. Box 747 Atascadero, CA 93423 RE_ Proposed Annexation of Lot 25 Block YB (APN 31-133-05) The undersigned wish to go on record as being opposed to the annexation of the above into the Sanitation District. While we believe that expansion of the sewer system is important to the continued development of the City of Atascadero, we feel that this expansion must be systematic and predictable. Although we, personally, would welcome this expansion as valuable to our property, we understand the opposition of neighbors who have recently spent a good deal of money building carefully engineered septic systems. Furthermore, we do not want to defray a larger share of the costs should these homeowners seek, and be granted, a variance to hooking up their household wastes to the sewage main extension. Donald G. Wheeler Anne M. Wheeler 8200 Larga Ave. Atascadero CA. 93422 • February 9, 1988 Atascadero County Sanitation District P.O. Box 747 Atascadero, California 93423 Re: Proposed annexation of Lot 25 Block YB (APN 31-133-05) We, the owners of Lot 41 Block YB (APN 31-132-06) , wish to request a variance in hooking up to the above annexation until such time that our existing septic system fails . As our septic system is under 18 months old we would find it a financial burden to abandon it and be required to hook up to the proposed sewer line . We are not opposed to sewer lines being established in our area, and we would support the idea of a sewer annexation district being formed to help keep the intial costs to existing homeowners in this area from being unreasonable. We would also be willing to look at any other options available to this neighborhood in installing and financing a sewer system. xv Patrick W. Scrivner Suzette L. Scrivner 8180 Larga Ave . 8180 Larga Ave . Atascadero, CA 93422 Atascadero, CA 93422 i �MAMNG ! DAT �I r EAj / M E M O R A N D U M TO: City Council February 9, 1988 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director -WU SUBJECT: Request for Special General Plan Amendment Cycle for Oak Tree Plaza (San Anselmo and Highway 101) BACKGROUND: The City has received the attached request for a special cycle for a general plan /zoning amendment from Mr. Dan Lloyd on behalf of Cross- roads Development of Beverly Hills, California. An application has been submitted and property owners ' signatures authorizing the request was received as of February 3, 1988. Staff has requested supplemen- tary environmental data, but pending receipt of same, applicants are seeking consideration from the Council for a third cycle for hearing and considering their request. ANALYSIS: The City of Atascadero' s general plan amendment process has entailed two application cycles per year: One, with an October 1st deadline, and a second by April 1st. State statutes enable a maximum of four amendment cycles per year. Traditionally, this process takes up to six months and initially involves Planning Commission consideration of the applications received and determination of possible expanded study areas, which are then concurred with by the Council. There- after, staff prepares the reports and recommendations which are heard first by the Planning Commission, with final action taken by the City Council. In this case, the applicant is proposing changes to the general plan from Suburban Single Family Residential to Retail Commercial and an extension of the urban service line to cover the area affected. A 145, 500 square foot shopping center is proposed on a site containing approximately 14 acres of the 18 acres that they are proposing to ac- quire. The applicants have met with staff on several occasions and the significant issues that have been identified before an environmen- tal determination can be formally made, include: traffic impacts (a traffic study will be required) , grading and drainage, visual impacts (screening from the neighborhood and view from Highway 101) , pathway along Monterey for access to school, and pedestrian traffic impacts; economic impact on the rest of the business community; and conflicts with the City' s existing adopted general plan. Sewer service would also have to be extended across the freeway to the proposed site. Applicants have indicated their willingness to supply additional data . in the form of an expanded initial study relative to environmental • impacts, at which time staff can make a formal determination on whether to require an Environmental Impact Report. RELATED INFORMATION: On February 2, 1988 , the Planning Commission approved, as a one year interim use, the relocation of Beehive Mobile Homes to Dr. Yocum' s property on San Anselmo and the freeway, which is part of the proposed shopping center site. Economic Research Associates' final report is expected to be presented to the City Council in March with recommenda- tions which will bear on the propriety of this particular general plan amendment. The general plan update is in process with a hearing draft scheduled for June 1988. ALTERNATIVES• With respect to the question being posed of the City Council, Council has the following alternatives: 1. Grant the request and establish a special cycle for hearing this matter. 2. Direct staff to process the project as part of the April 1 cycle of general plan amendments. HE:ph Enclosures: January 18, 1988 Request for Special Cycles Area Map Perspective & Site Plan December 22, 1987 Request for general plan amendment and zoning change with development statement EDA ENGINEERING DEVELOPMENT ASSOCIATES 18 January 1988 RECEIVED JAN 18 1988 City Council Members City of Atascadero PO Box 747 Atascadero, CA 93423 Subject: Request for Special General Plan Amendment Hearing for Oak Tree Plaza Dear City Council Members: Williams Brothers Markets and Crossroads Development have submitted a formal request to the City for a General Plan amendment and rezoning for a proposed shopping center. The project is located at San Anselmo Road and U.S. Highway 101 on the westerly side of the freeway (see attached map) . We are aware that the City has two regularly scheduled hearing periods for General Plan amendments and that a third hearing for special requests is possible. Because this project could have a significant positive impact on the City along with the fact that community interest is likely to be high, we request that you authorize a special General Plan amendment hearing process for this project at your earliest convenience. We sincerely hope you will be able to accommodate our request. If you desire any additional data for the project or have any questions, please do not hesitate to contact our office. Thank you for your consideration. Sincerely, ENGINEERING DEVELOPMENT ASSOCIATES Daniel R. Lloyd E .N G I N E E R I N G • LAND SURVEYING • PROJECT ADMINISTRATION 1320 NIPOMO. STREET • SAN LUIS OBISPO , CA 93401 • 805 - 549 - 8658 i • _ 1 "''� 10 r / T / �• MONA ARENA l . i Z Vol i _ so p c z --91 Lu V 1 ro 1 j 1 !C III tw.1 AOAO— _ - R S , - 5, ,\\\ .� P r •'' ^`�� � � /�ti, p�� Com' ',v '';1 ITN.OQ A RS-F _ I 1 '� r �•r � 4 a, �..'-i J � Lin � ahFt��1 Cy}.. r �, / � , '-way•—�� '��w •j$.�ik4rf j;.ta,�"��'r a�, W. qq 163 y E` _RR xn 2A sx � f` �F'}q �. 1 •,p �p'�� �'.�,y.`��,"'-war'+ . s I s t.+n r ti�snA >\ F t�\2Q����,` ��b J•r- �: 1 O \� iJl�yy` �. .tV S �.i1 •.S sp���`J� � � "K 7=_ LLJ kq Lu ro cr A de w t=�ao f vE a Tx r� vJJJYY��� ZP" 1 W a w V 02 v 0 0 a o Lu II\I CL a <t a¢ z�• • cr OV08 OV413SNV NVs ��'ice-• ,'� a —_- _ I I o ��� Illij'., - �� i � �: � � hY- � Ili•. � I = W S . }LE Z CL n w f— EJ f= CI a I � _ � = � I ..!!Ilii i '-• ; � s IF i ILL c I C7 �' O CP o LLJ — — 0 w < I DEC 2 1987 EDA ENGINEERING RECEIVED DEVELOPMENT ASSOCIATES 22 December 1987 Henry Engen Community Development Director City of Atascadero PO Box 747 Atascadero, CA 93423 Subject: CENTRAL COAST TOWN CENTER - REQUEST FOR GENERAL PLAN AMENDMENT AND ZONING CHANGE Dear Henry: Our firm is representing Crossroads Development Company in their efforts to construct a new shopping center in Atascadero. The project site is bounded by Highway 101 on the north, San Anselmo on the east, and Monterey Road on the south. At this time the center will be comprised of a new Williams Brothers Market, two major anchor tenants, and a variety of retail shops. In order to proceed with the project we need to process a General Plan amendment to change the land use, urban services dine, and modify the present zoning. We are submitting for your review a package of data in conformance with the City' s criteria for a General Plan amendment. In this package you will find all of the requisite applications, maps, statements, and notification lists. Also, we have included four sets of the proposed site plan and project rendering to assist your staff in evaluating our request. From our review of the issues related to the project, there does not appear to be any significant impacts that cannot be ameliorated through the imposition of reasonable development conditions. Of course, we want to be able to assist you in generating any background information you feel is necessary for processing this amendment. From our standpoint, processing the amendment in a timely manner is critical. We are aware that the Council has two regularly scheduled hearing periods for General Plan ENGINEERING • LAND SURVEYING • PROJECT ADMINISTRATION 1320 NIPON10. STRcET • SAN LUIS OBISPO , CA 93401 • 805 - 549 - 8658 • 0 Henry g -page Engen a e 2- 22 December 1987 amendments and that a third hearing for special requests is possible. Because this project could have a significant positive impact on the city along with the fact that community interest is likely to be high, we request that you schedule a special General Plan amendment hearing process for this project at your earliest convenience. While this request may not be typical, we feel the project is not typical and requires special attention. We sincerely hope you will be able to accommodate our request. Our staff is available to provide any additional material you feel is needed for processing this amendment. Thank you for your consideration. Please feel free to call me if you have any questions. Sincerely, ENGINEERING DEVELOPMENT ASSOCIATES Daniel R. Lloyd file 87-503 ENGINEERING LAND SURVEYING PROJECT ADMINISTRATION 1320 NIPOMO STREET • SAN LUIS OBISPO , CA 93401 • 805 - 549 - 8658 0 0 EDAENGINEERING DEVELOPMENT ASSOCIATES 1320 NIPOMO STREET•SAN LUIS OBISPO, CA 93401 •805 549-8658 OAK TREE PLAZA DEVELOPMENT STATEMENT The Oak Tree Plaza project is designed to meet the need for expanded retail business in the Atascadero area. The intent is to bring new merchandisers into Atascadero that are either new to the area or have little exposure to the Central Coast. These new retailers will complement a new Williams Bros. Market that is planned as one of the key tenants in the new center. Also, two other major anchor tenants are planned to occupy prominent locations in the center. The project is being designed for freeway exposure and also to reduce the visibility of the site from residences along Monterey Road. Our approach is to tuck the center into the site such that Monterey Road is 10 to 15 feet above the finish grade of the project. In order to further reduce the impacts to- the adjacent neighborhood we have eliminated all access points from the center to Monterey Road and have proposed a significant tree planting scheme for the Monterey Road side of the project. The proposed architectural style is Spanish and the store fronts will be punctuated by repeating elements of the facade. Overall, the project will be heavily landscaped, set below the surrounding grade as much as possible, and the activity side of the center will be directed toward San Anselmo and Highway 101. The site will be served by the public utilities already existing in the area. Site electrical and telephone will be provided by PG&E and Pacific Bell respectively and water will be supplied by Atascadero Mutual Water Company. From our discussions with the water company there does not appear to be any supply problems associated with serving the site. As part of the development program, the Center will install a sewer force main under Highway 101 which will join to an existing gravity main in E1 Camino. This new facility will be sized to accommodate future sewage demands westerly of the freeway. Our intent is to anticipate our need as well as the needs of the City when making this major improvement. Traffic concerns for the stretch of San Anselmo from the freeway to Monterey will be addressed. We are anticipating the possibility of signalizing the access point to the center as well as perhaps having a flashing yellow light installed at 0 • EOAENGINEERING DEVELOPMENT ASSOCIATES 1320 NIPOMO STREET•SAN LUIS OBISPO, CA 93401 •805 549-8658 the Monterey and San Anselmo intersection. Also, we are proposing to formalize the Monterey Road frontage for the project side of the street. This effort will safeguard the neighborhood foot traffic utilitizing Monterey Road and will provide an improved streetscape for this roadway. The proposed project requires an amendment to the City' s General Plan in order to proceed. The existing land use designation of Suburban Single Family (one half of the site) needs to be changed to the Retail Commercial land use designation and the balance of the property does not require amending. Also, the Urban Services Line of the General Plan Land Use Map will need to be revised to include the area requested for the change in land use. Our approach is to sewer the entire project, thus requiring the area proposed for the land use change to be included within the Urban Services Line. The second requested change is to amend the City' s Zoning Map. The project site is currently zoned Commercial Tourist for half of the site and Residential Suburban for the remainder. The zoning change we are requesting is to amend the zoning map to make the entire project site Commercial Retail. This change will accommodate the proposed shopping center and all of the intended retail uses.