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Home My WebLink AboutAgenda Packet 11/14/1983I • AGENDA - ATASCADERO CITY COUNCIL Regular Meeting November 14, 1983 7:30 p.m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment City Council Comments A. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Item A, Consent Calendar, are considered to be routine- and will be enacted by one motion in the formlisted below. There will be no separate discussion of these 'items.' If dis- cussion is required, that item will be removed from the Consent Calen- dar and will be considered separately. Vote may be by roll call. 1. Minutes of the regular meeting of October 24, 1983 (RECOMMEND APPROVAL) 2. Treasurer ' s Report, 10-1-83 to 10-31-83 (RECOMMEND APPROVAL) 3. Finance Director' s Report, 10-1-83 to 10-31-83 (RECOMMEND APPROVAL) 4. Claim of Laura Mazzi ' for damages in the ; amount of $35.00„ (RECOMMEND DENIAL) 5.J Resolution No. 46-83 authorizing the City to participate in existing governmental cooperation purchases (RECOMMEND ADOP- TION) /peva' 6 resolution No. 47-83 designating authority to make determina- tions on employee disability (RECOMMEND ADOPTION) 7. J Resolution No. 48-83 accepting portions of" San Diego and San Dimas Roads into the City street system (RECOMMEND ADOPTION) 8. Bid No. 83-10 - Storm drain -inlets (RECOMMEND BID BE RE- JECTED) 9. Bid No. 83-9 Vehicles (RECOMMEND BID BE AWARDED AS RECOM- MENDED BY THE PUBLIC WORKS DIRECTOR) 10. Tentative Tract Map 13-83 , 11050 San Marcos Road, Paul Martin • (Twin Cities Engineering) to resubdivide approximately 21 acres into three parcels (RECOMMEND APPROVAL OF PLANNING COM- MISSION RECOMMENDATION) AGENDA - ATASCADERO CITY COUNCIL NOVEMBER 14, 1983 11. Tentative Tract Map 14-83, 9500 Laurel Road, G. J. Williams (Twin Cities Engineering) to allow the resubdivision of a previously created parcel having 38 acres into three parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 12j 'Tbntative Parcel Map 11-83; 6700, 6750 and 6760 El Camino Real, Herbert LaPrade (Daniel J. Stewart) to allow division of an 0.95 acre parcel into three parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 13. Tentative Parcel Map 12-83, , 8045 Cristobal, G. W. Johnson (Daniel J. Stewart) to allow the division of a developed 2.04 acre lot into two parcels (RECOMMEND APPROVAL OF, PLANNING COMMISSION RECOMMENDATION) 14. Certificate of Compliance 4-83 , 6375 and 6385 Santa '' Ynez, L. C. and June Gibaut legalization of a lot split' that occurred in 1960 through the Certificate of Compliance pro- cess (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDA- TION) 15. Acceptance of Parcel Map AT 810908 :1 and street name, Palo Verde Road, Rudy- Ruda (Hilliard Surveys) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) B. HEARINGS, APPEARANCES AND REPORTS /1. Public hearing on Zoning Ordinance Text Amendment 1-83, ini- tiated by Planning Commission, to consider allowing second residential units - continued n27 Continued public hearing on Ordinance No. 70y Building Regu- , s lations second reading C. UNFINISHED BUSINESS G l Resolution No. 40-83 establishing fees for permits," plan re- views and other activities undertaken pursuant to building and construction regulations UJY 2.V Resolution No. 49-83 of intention regarding Maleza Avenue �y maintenance district 5` 3. Recommendation of Fred Schott/birector of Public Works for fourthfloorrepairs D. NEW BUSINESS 1. Ordinance No. 71 authorizing an amendment to the contract between the City and PERS first reading 2 ,rt AGENDA- ATASCADERO CITY COUNCIL - .NOVEMBER 14, 1983 2. Ordinance No. 72 adopting the Atascadero Municipal Code, a codification of the permanent and general ordinances of the City together with those secondary codes adopted by refer- ence as authorized by the general laws of the State of Cali- fornia - first reading 3. Report on drainage, street lighting and traffic safety 4. General Plan Amendments/Cycle 1 (1984) 5. Recommendation for upgrading the Pavilion E. ATASCADERO COUNTY SANITATION DISTRICT (Council will recess and convene as the Atascadero County Sanita- tion District Board of Directors) 1. Considertion of sewer service extension policy (The Board of Directors will adjourn and reconvene as City Coun- cil) F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTE: There will be a closed session to consider personnel matters, and potential litigation; no announcement after the closed session is anticipated. i 3 lING AGENDA ; • D 1-11-73 ITEM MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 24, 1983 Atascadero Administration Building The meeting was called to order at 7 :30 p.m. with the Pledge of Allegiance. Reverend Bob Kenagy of the Berean Baptist Church gave the invocation. ROLL CALL Present: Councilmen Molina, Nelson, Wilkins and Mayor Mackey Absent: Councilman Stover STAFF Present: Murray Warden, City Manager; Ralph Dowell, Finance Director; Patsy Hester, Deputy City Clerk; Mike Hicks, Fire Chief; Skip Joannes, Recreation Director Bud McHale, Police Chief; Larry McPherson, Public Works Director; Steve Rizzuto, City Treasurer and Larry Stevens, Planning Director. PUBLIC COMMENTS • None - COUNCIL COMMENTS 1. Mayor Mackey stated that she had attended three meetings on October 12 and 13 She stated that the presentation on water conservation, Union Oil and Friends of the Library were very good. A. CONSENT CALENDAR 1. Minutes of the regular meeting of October 10, 1983 (RECOMMEND APPROVAL) 2. Resolution No. 45-83 accepting work and giving notice of completion for installation of Alvord Field lighting (Bid No. 83-4) (RECOMMEND ADOPTION) 3. Acceptance of Lot Line Adjustment LA 630506: 1, 8315 Portola Road, J. C. Hardwick (Twin Cities Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 4. Lot Line Adjustment 1-83, 8325 Sierra Vista and 8520 Casanova, Gaylen Little, to adjust the existing lot dines to create • additional room to expand driveway and turn-around area for 0 MINUTES - ATASCADERO CITY COUNCIL - OCTOBER 24, 1983 Parcel A (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM- MENDATION) Mayor Mackey reviewed all items on the Consent Calendar. MOTION: Councilman Nelson moved to approve Items A-1 through A-4. Themotionwas seconded by Councilman Molina and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS 1, Public hearing on Zoning Ordinance Text Amendment 1-83, initiated by Planning Commission,; to consider allowing, second residential units Mr. Stevens stated that this is a, public hearing to consider an amendment to the Zoning Ordinance to allow secondary residential units. He stated that the Planning Commission recommends allowing second units on a temporary basis subject to certain criteria. Dale Gustin, Attorney representing a client in Atascadero -asked what was meant by temporary housing and the length of time a person would be allowed to reside there. Mr. Stevens stated that the Planning Commission recommends permits* _ be issued for three years with three year renewal periods and as long as the immediate family member complies with the permit. MOTION: Councilman Molina moved that second units not be allowed and that Findings required by Government Code Section 65852. 2 be- adopted. The motion died due to lack of a second'. .Mr. Grimes stated that the Council is reaching out to new fields and that legalities are a concern. Council discussed continuing the hearing to the next meeting to get criteria and study further before action is taken. They requested Staff to bring 'back other alternatives. MOTION: Councilman Nelson moved to continue the hearing until the next meeting. The motion was seconded by Councilman Wilkins and unanimously carried. 2. Continued public hearing 'on 'Ordinance No. 70, Building Regulations` - first reading Mr. Warden stated that this matter is brought back for first reading to respond to several issues raised at the last meeting. -2- 0 MINUTES - ATASCADERO CITY COUNCIL --OCTOBER 24 , 1983 Mr. Stevens reviewed changes and requests to the Building Regula- tions and recommended first reading of Ordinance No. 70. MOTION: Councilman Nelson moved to read Ordinance No. 70 by title only. The motion was. seconded. by Councilman Wilkins and unanimously carried. Mayor Mackey referred to the title as read in the previous meeting. MOTION: Councilman Nelson moved that this constitute the first reading as amended with the four changes. The motion was seconded by Councilman Wilkins and unanimously carried by roll call vote. 3. Police Departmental Report Bud McHale presented the Police Departmental Report. He stated that the 911 emergency system is operational and reviewed statistics for the first part of 1983 compared to the last half of 1982. C. UNFINISHED BUSINESS i1. Resolution No. 40-83 establishing fees for permits., plan reviews and other activities' undertaken pursuant to building and construction regulations Mr. Stevens stated that Resolution No. 40-83 contains established fees set forth in the Uniform Building and other codes. He stated that another new fee schedule will be considered for adoption in 1985 , when the new Uniform Building Codes are prepared. Mr. Stevens recommended adoption of Resolution No. 40-83 with direction from Council as to the Appeal Board fee. Mike Bewsey felt that $250 for the Appeal Board fee is unfair and would like to see no charge. He agreed with the proposed building fee schedule. Dale Gustin felt that the $250 appeal fee is too high. MOTION: Councilman Wilkins moved to amend the appeal fee to $50 for the Board of Appeals and the City Council. The motion was seconded by Mayor Mackey and carried with Councilman Molina voting no. MOTION: Councilman Wilkins moved to adopt Resolution No. 40-83 with the amendment to the appeals fee. The motion was seconded by Mayor Mackey and did not carry due to a tie vote. -3- I 9 0 MINUTES - ATASCADERO CITY COUNCIL - OCTOBER 24, 1983 MOTION: Councilman Nelson moved to adopt Resolution No. 40-83 with a two-year phase-in period. The motion was seconded by Councilman Molina and did not carry due to a tie vote. MOTION: Councilman Wilkins moved to table the matter until the next meeting. The motion was seconded by Mayor Mackey and tied with Councilmen Molina and Nelson voting no. The matter was carried over automatically. D. NEW BUSINESS 1. Capital Improvement Program discussion - Councilman Nelson Council made a list of suggestions for the Capital Improvement Plan (CIP) Councilman Nelson requested (1,) $300, 000 added to the police building fund for 1984-85 FY budget; (2) the Pavilion be made usable as soon as possible; and (3) grading and sprinkler systems for Alvord Field for 1984-85 FY. Councilman Molina suggested (1) Administration Building and police facility; (2) street maintenance and drainage district for whole city; (3) traffic safety on El Camino, Morro Road and Traffic Way; and (4) the Lake Pavilion project. Councilman Wilkins suggested the cost of stabilizing the structure of the Administration Building. Mayor Mackey suggested (1) Administration Building; (2) traffic lights; (3) street lights; (4) drainage; (5) police station; (6) South Atascadero Park; and (7) Pavilion. MOTION: Councilman Nelson moved to direct staff to prepare a proposal to make the Pavilion habitable for large gatherings at this time. The motion was seconded by Mayor Mackey and carried with Councilman Molina voting no. Council requested Larry McPherson to prepare a report for the next meeting on critical areas needing traffic signals and on street and drainage problems. MOTION: Councilman Nelson moved to include the costs of making the Pavilion usable in the 1983-84 budget and the police building fund of $300, 000, Alvord Field project and traffic safety to be included in the 1984-85 CIP, with the rest to be phased in. The motion was seconded by Councilman Molina and carried with Councilman Wilkins voting no. -4- MINUTES - ATASCADERO CITY COUNCIL - OCTOBER 24, 1983 2. Acceptance of petition for maintenance district - Maleza off Pinal Larry McPherson recommended proceeding with steps for final adoption of an assessment district. Steve Davis stated that he would like Maleza Avenue paved as soon as possible. If the city is unable to pave it soon, he requested that it be graded. MOTION: Councilman Molina moved to advance funds for the first year to get the project under a city contract. The motion was seconded by Councilman Wilkins and unanimously carried. MOTION: Councilman Molina moved to proceed with the contract for the formation of a maintenance district. The motion was seconded by Councilman Wilkins and unanimously carried. 3. Resolution No. 44-83 of intention to approve an amendment to contract between the Board of Administration of the Public Employees ' Retirement System and the City MOTION: Councilman Molina moved to adopt Resolution No. 44783. The motion was seconded by- Councilman Nelson and unanimously carried by roll call vote. E. ATASCADERO COUNTY SANITATION DISTRICT None w F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council a. Mayor Mackey stated that seat belts should be installed on school buses. Fire Chief Mike Hicks felt that seat belts could be a hindrance during accidents and rescues because of potential roof collapse catching riders in their seats . Larry McPherson noted that the most prevalent reason why seat belts are not used on city buses is that they could cause more of a liability problem and major hazard to those using the buses. 2. City Attorney Nothing -5- MINUTES - ATASCADERO CITY COUNCIL - OCTOBER 24, 1983 3. City Clerk Nothing 4. City Treasurer Nothing 5. City Manager a. Mr. Warden stated that the contract work awarded for the seven miles of road will be starting on November 1. b. Mr. Warden noted a Channel Counties Division of the League of California Cities meeting in Morro Bay on Friday, November 18. Replies need to be in by November 11. C. Mr. Warden stated that Fred Schott, Structural Engineer, estimated the cost to satisfy the seismic corrections to be $33, 000- $36, 000. He recommended proceeding to correct conditions identified by Elliott Stephenson' s report. d. Doug Lewis asked disposition of current sewer plant when the new sewer plant is finished. Mr. Warden stated that the old plant will be used as a backup for the new plant. e. Mr. Warden requested a closed session and did not antici- pate any announcements afterwards. The meeting convened at 10 :26 p.m. to closed session and reconvened at 10. 48 p.m. , at which time they adjourned. Recorded by: BARBARA NORRIS, City Clerk By: PATSY A. HESTER Deputy City Clerk -6- �bA � G AGDNl3A CITY OF ATASCACERO • TREASURER'S REPORT OCTOBER 1, 1983 TO OCTOBER 31 1983 RECEIPTS TAXES Property Tax 17,522.96 Cigarette Tax 2,887.79 Motor Vehicle "In Lieu" 24,741.15 Sales & Use 55,500.00 Miscellaneous Taxes 1,193.60 Occupancy Tax 18,907.53 LICENSES/PERMITS/FEES 14 ,815.34 GAS TAX 20 ,125.93 TRAFFIC SAFETY 5,222.35 RECREATION FEES 17,191. 55 RETURNED FROM LOCAL AGENCY INVESTMENT FUND AND MATURED TIME DEPOSITS 160,`000.00 • INTEREST ON INVESTMENTS 29,914.31 TRANSPORTATION SB-325 -0- REVENUE SHARING 68,480.00 GRANTS -0- MISCELLANEOUS Rents/Concessions 131.00 Sale Maps/Publications/Reports 735.94 Special Police Services 54.00 - Fines & Penalties 518.00 Dial-A-Ride Farebox 1,978.50 Bails/Bonds 417.20 Reimbursement to Expense 589.43 Wil-Mar Refuse Contract 5,343.83 Miscellaneous 2,757 .61 TOTAL $ 449,228.02 1 CITY OF ATASCADERO TREASURER'S REPORT OCTOBER 1, 1983 TO OCTOBER 31, 1983 INVESTMENTS LOCAL AGENCY INVESTMENT FUND 1,165,000.00 TIME DEPOSIT, SANTA BARBARA SAVINGS 10.375% INTEREST, MATURES 12/20/83 100,000.00 -TIME DEPOSIT,; CITICORP SAVINGS' 10.00% INTEREST, MATURES 01/23/84 100,000.00 TOTAL INVESTMENT DEPOSITS 1,365,000.00 t Steven M. Ri/12zutd, oasurer 2 T' AG_NDA DTATA I�L� CITY OF ATASCADERO . FINANCE DIRECTOR'S REPORT OCTOBER 1, 1983 TO OCTOBER 31, 1983 BALANCE AS OF SEPTEMBER 30, 1983 3,744.11 DEPOSITED BY TREASURER, SEE RECEIPTS, TREASURER'S REPORT, PAGE 1 449,228. 02 TOTAL 452,972.13 HAND CHECK REGISTER DATED 10/31/83 123,841.78 CHECK REGISTER DATED 10/04/83 74,517.39 ' CHECK REGISTER DATED 10/17/83 45,654.7$ CHECK REGISTER DATED 10/24/83 54,397.53 CHECK REGISTER DATED 10/31/83 29,347.83 EXPENSE LISTING 107,422. 02 TOTAL 435,181.33 BALANCE AS OF OCTOBER 31, 1983 17,790.80 PETTY CASH 200.00 TREASURY INVESTMENTS _ _ SEE TREASURER REPORT, PAGE 2 1,365,000.00 TOTAL $1,382,990.80 I,RALPH H. DOWELL JR. , do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. Dated: November 8, 1983 Ralph H. Dowell, Jr. Finance Director irray . 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NT• 0 l 1 f ; •. ,#�r- ter. i z Yc I I Z T 1 I W I t'tx+ v Io .ilk �. i 1 ' i � it f '- L Z I ' kc 3 is In I _1 3 1 i r i . i 1 k r T.c .� o i 3 �#. '•'i _ A V # W M O ti 3 a :> i 2 to x - i9 o O_ I tJ3.3 o # U m iA N N t ^'1; W D o O I -n W m 0 ot -oa I ! O O # M z D X X I � Z tO 1f # N 1 E7 I m sn -o i z r in # a o zfm i O G 1 fm (- r- I- t -a I Z o N # tl* M I 3 .A. O o r1 1 C G7 V. Neu ni: W I m fo c o r W - W ao c # x p i # - 35 CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT OCTOBER 1, 1983 TO OCTOBER 31, 1983 EXPENSE LISTING PAYROLL DATED 10/05/83 CHECKS #11638-11744 57,972.79 PAYROLL DATED 10/19/83 CHECKS #11755-11838 49,483. 66 VOID CK#18275 CK. REG. DATED 10/17/83 ( 11.43) VOID CK#17782 CK. REG. DATED 10/31/83 ( 8.50) VOID CK#17799 CK. REG. DATED 10/31/83 ( 14. 50) TOTAL $107 ,422. 02 36 A IMCCRPQllIATE6 i4LY 2.l�':Y �.�J AGr-wA VERIFIED CLAIM -dl-L -`d 3 FE.M�' Claim against the City of Atascadero, California, pursuant to the G ve"ment Gede-of-the State of California. lI U �0: City Clerk OCT 101983 City of Atascadero Name of Claimant Address/City/State/Zip Telephone No. 2. Ides ire notices to be sent to the following address: 3. The date, place and other circumstances of the occurrence or transaction that give rise to this claim are as follows: Ab� Z' (;Ize All:� Da Time Location Describe circumstances: ( / 4. Generally describe the injury, damage or loss incurred so far as it is known at this time: 5. The name(s) of the public employee(s) causing _the injury, damage or loss as now known is/are: 6. The amount claimed as of the date of presentation of this claim is $ J , which includes $ as the estimated amount of any prospective injury, damage or loss. 7. The basis of computation of the claim is as follows: -------------------------------------------------------------------------------------------- VERIFICATION State of California ) ss County of San Luis Obispo) I, the undersigned, say: I am the claimant (or the person presenting this claim on behalf of the claimant) in the above entitled action; I have read the foregoing claim and now the con- tents thereof; and that the same is true of my own knowledge, except as to the matters which are therein stated upon my information or belief, and as to those matters that I believe to be true. I certify -(or declare) under penalty of perjurthat the foregoing is true and correct. Executed on at • ate Ci and State ignature of C ai antAis authorized representative M& G AGNDA DATE 1/( g 3 ITEM ME MORAN_DUM TO: City Manager A i FROM: Finance Director SUBJECT: Resolution authorizing cooperative purchasing agreements DATE November 8, 1983 On several occasions, the opportunity has resented itself PP Y P where participation in an existing cooperative purchasing agree- ment will allow the City to enjoy a definite savings. An example of such an agrement is one between Hewlett-Packard, computer man- ufacturer, and the University of California, which has been modi- fied to include any municipality within California with which HP does business. I have attached a copy of this agreement for your information. Our savings would amount to 27% of listed prices. Therefore, request Council consider adopting the attached resolution which will allow us to participate in thisro ram,by Purchase Order. P 9 I RALPH H. DOWELL, JR, RHD ad I i r • 0 RESOLUTION NO. 46-$3 RESOLUTION AUTHORIZING THE CITY OF ATASCADERO TO PARTICIPATE IN EXISTING GOVERNMENTAL COOPERATION PURCHASES SINGULARLY OR WITH OTHER MUNICIPALITIES BE IT RESOLVED that the Atascadero City Council does hereby authorize participation directly with other governmental agencies in `coopertive purchases either on an individual basis or `in con- juction with other municipalities in order to purchase Budgeted Items for and on behalf of the City of Atascadero and that Murray L. Warden, City Manager or Ralph H. Dowell, Jr. , Purchas- ing Agent, are hereby authorized and directed to sign and deliver all necessary requests and other documents in connection there- with for anon behalf of the City of' Atascadero. 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• MARJORIE R. MACKEY, Mayor ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: A4Z;6� MU RAY WARDEN, City Manager 5 �X500020APR3MC0092417% 17:07 To DONNA ^CHENCX 4 6 Z H T T s . P A C K _A R D x 10 12 13 - 14_ 11 --------------------------------- ——————————————————— ———— ----------------. 12 .. :. . - _.:. - 1� _. 16 13 17 14 15 FROM: JOE RODGERS COMPUTER SUPPORT DATE: APRIL . 20 I983 « 20 16 21 is 17 TC: KATHY MURPHY — FLLLEFTON SUBJECT: UNIV. OF CALIF. CB--22 1B DONNA SCHENCK LOS ANGELES AIRPORT z4 19 JOE :RODGERS - CCMPUTER SUPPORT 25 26 20 27 2tEFFECTIVE APRIL 49 9183 AN AMENDMENT WAS EXECUTED BETWEEN HP AND THE 28 22 UNIVERSITY OF CALIFORNIA WHICH EXTENCS ThE TERMS AND CONDITIONS OF CR-080 29 23 TO THE FOLLCWING ORGANIZATIONS: — 30.a� 24 _.. 31 32 25 1. ANY OTHER OFFICIAL DEPARTMENT• AEENCY OR BUREAU OF .THE STATE OF 33 26 CALIFORNIA WITH WHICH HP DOES BUSINESS. 34 27 .. 35 - 36 26 2. ANY POLITICAL SUBDIVISIONS WHICH HAVE ENTERED INTO AN INTERLOCAL 37 COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA WITH WHICH HP 38 3s 30 DOES BUSINESS. — 40 31 __... _ z__. 41 32 3. ANY MUNICIPALITY OR MAJOR OPERATING DEPARTMEAT OF -A MUNICIPALITY 4z 43` 33 OF THE STATE OF CALIFORNIA WITH WHICH HP .HOES BUSINESS. 44 - 4s 46 .. .. 47`eiY 36 THERE MAY BE AFFILATEC BOAFDS AND ORGANIZATION OF MUNICIPALITIES WHO 46 37 MAY INQUIRE FROM TIME TO TIME AS TO THEIR QUALIFYING - FOR DISCOUNT. IN 49 + 38 ORDER TO QUALIFY: SUCH ORGANIZA71ONS MUST DEMONS'TRATE ."THAT THEY. _ARE so 39 DERIVING THEIR 14AJOKR-FUND ING,-FR OM-ThE= STA TE-v THAT =THEY ;ARE NON PROFIT 52 4o ANC THAT THEIR ORGANIZATICNAL STRUCTURE IS RECOGNIZED BY ARTICLES OF 53 41 INCORPORAT3CN OR THAT SUCH ORGANIZATION HAS BEEN ESTAELISHED BY EXECUTIVE 54 55 42 ORDER BY TtE LECISLAT RE9 BY THE COURTS„ OR EY AN ELECTED GOVERNING BODY 56 u OF. A COUNTY OF - MUNICIPALITY. 57 _ . . .. _ — s 44 .._._ .. ... 11 45 REMEMBER THAT ANY QUALIFYING ORDERS "SUBMITTED MUST REFERENCE THE PURCHASE 6o 46 AGREEMENT CB-01'0 AND SPECIFY THAT THE ORDER IS SUBJECT TO THE TERMS OF CB-0*_ 0 47 IN LIEU OF ANY CTHER TERMS. 6240 48 63 64 49 PLEASE INFORM APPROPRIATE PERSONNEL IN YOUR AREA. 65 50 REGARDS9 JOE ROCGERS. CMG ss 67 68 52 69 53 70 54 71 72 SS ti 73 56 74 57 75 :, . 76 58 77 78 79 80 8 62 92 83 _ - - - 83 94 ©ATE _11-1 '$ ITEM - M E M 0 'R A N- D U M TO: City Council FROM: City Manager SUBJECT: Resolution designating authority to make determinations on employee disability DATE: November 10 , 1983 Under the Public Employees' Retirement System requirements, it it necessary for determinations to be made as to whether a retirement is considered as a disability arising from employment or otherwise. The status and the procedures involving industrial disability retirements under PERS are complex and are dependent in part upon workers' compensation procedures. By the time the question of a disability retirement under PERS reaches the point for making such a determination, all of the required workers' compensation steps have been accomplished including medical exam- inations and even establishing the degree of disability by the workers' compensation review board. Accordingly, the process is largely a formality. The attached resolution permits that pro- cess to be followed. • You, of course, would be kept advised as to the status of a particular case before any final determinations are made, even though we may have little choice in what that determination might be. In order, therefore, to comply with the PERS procedures, it is recommended that you adopt the attached resolution. F 7:.-a L. WARDEN ML d R • W'T�,: t 1!N a _ AGDA 4�-j,b ITEM# RESOLUTION NO. 47-33 RESOLUTION OF THE ATASCADERO CITY COUNCIL DESIGNATING AUTHORITY TO MAKE DETERMINATIONS ON EMPLOYEE DISABILITY WHEREAS, the City of Atascadero, hereinafter referred to as Agency, is a contracting agency of the Public Employees'ees' Retire- ment System, and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which which he is classified as a local safety member is disabled for purposes of the Public Employees' Retire- ment Law and whether such disability is "industrial" within the meaning of such Law; and WHEREAS, the City Council has determined upon legal advice that it may delegate authoirtY under Section 21034 of the Govern- ment Code to make such determinations to the incumbent - of the office (position) of City Manager. I NOW, THEREFORE, BE IT RESOLVED that the City Council delegate and it does hereby delegate to the incumbent of the office (posi- tion) of the City Manager authority to make determinations under Section 21023 (c) , Government Code, on behalf of the Agency, of disability and whether such disability is industrial and to cer- tify such determinations and all other necessary information to the Public Employees' Retirement System; and BE IT FURTHER RESOLVED that such incumbent be and he is au- thorized to make applications on behalf of the Agency for disa- bility retirement of employees in employments in which they are local safety members and to initiate requests for reinstatement of such employees who are retired for disability. - On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: MARJORIE R. MACKEY, Mayor • Resolution No. 47� ATTEST: BARBARA NORRIS, Pity Clerk APPROVED AS O FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: U RAY WARDEN, City Manager 2 e T1,N AGENDA DATA 1/-14-13 ITEM# M E M O R A N D U M TO: Murray Warden FROM: Public Grorks SUBJECT: Road Acceptance of Portions of San Diego and San Dimas Roads DATE: October 28, 19$3' Mike Bewsey has completed to City standards all of the required, roads within his subdivision. Public Works has completed the final inspection of these roads and we have received and signed the as-builts. The construction of these roads was a condition of the Council approval of this subdivision. These portions of San Diego and San Dimas Roads have been 'offered and accepted by Parcel Map At 79-46 (See Exhibit A) These road sections are shown on the attached Parcel Map, (See Exhibit A), and are more particularly described as follows: 1. That ,portion of San Diego road fronting parcels A,B, & C as shown on Parcel Map AT 79-46 2. That portion of San Dimas road fronting parcel C as shown on Parcel Map At 79-46 MICHELE REYNOLDS • RESOLUTION NO. 48-83 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ACCEPTING PORTIONS OF SAN DIEGO AND SAN DIMAS ROADS INTO THE CITY 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 streets are hereby accepted into the City street _system, That portion of San Diego Road fronting Parcels A, B & C as shown on Parcel Map AT79=46. That portion of San Dimas Road fronting Parcel C as shown on Parcel Map At79-46 2. A copy of this Resolution shall be furnished to: Mike Bewsey On motion by Councilmember and seconded by Councilmember , the Atascadero City Council hereby adopts the foregoing Resolution in its entirety on the following roll call vote: Ayes: Nous: _ _ - - • Absent: Adopted this day of 1983. ATTEST: Marjorie Mackey, Mayor Barbara Norris, Cit Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Allen Grimes, City Attorney MURRAYL. UARDEN, City Manager ROAD MAINTENANCE ACCEPTANCE SAN DIEGO & SAD? DIMAS ROADS This is notification that the City of Atascadero has approved the improvements of San Diego Road (Sta 0 + 62.77 to 18 + 41.50) and San Dimas Road (Sta 17 + 19.22 to 23 + 79.39) based upon the engineer's improvement certification and in-field inspections. Said Improve- ments were completed as a requirement for final approval of AT 79-46. These improvements were performed under an inspection agreement between the City of Atascadero and Mike Bewsey, developer. The City of Atascadero hereby accepts said improvements into the City street system. Said improvements shall be maintained by the City one year from November , 1983. It shall be the obligation of the developer to maintain said improvements until maintenance by the City has begun. Lawrence McPherson Date City Engineer 1 { °mS )'mai L gE cus �'rArir�0 [ ♦ �� ppV '' �p j �:�� 33 i v ' J Rr-�•�� p�i�o y � � � o f 'od•, o< �' U-C Znn�n o ZZ �` too rrg Is - Q ;; gyp_ v.• ,4, "4„y. '� os vs;, . � NV ap ODt Pf+N C rMJ J�� ot.� ;JJ Q N� ' 1 i � S:8•.• �7i u�C?o,�n, ? zt �°�'�, i N nus _ 6�ZYji�Rzopn�ii� >o[ofE°7ofo>U1 LL " �� NaJ ': '•� �. P; mfv O - R 9Afixi? UgFp oUW IQpg�yn�Z �TgurRs l� ms s C T J u @rnz� N)n,f� -�w�♦�r1-�;1 oamr Z iiit toLIN{ A' Y i a R R g gg LZZuoFe Kn lz �n zz •.•za �nz .-z oz•+ mz•..z- -z n �.0 p •O n�N p � I. _ u s � e ~�.^i�I�iu mm�o�.mi iia Oi c a .. o � ♦ OM •�Y., ula�N olm�mJQYm cz N{.'-.-��N.'..NY�ue•'.'o•"a.. "v•+ � m•-` fir FnaFm •mx � s a4m •x s smn s 's,s R •c nPmx Px x < 11 I uS^Z O �. •II b 6 y • ,-U n� u J x Y tl�n ; A rr fi p o 0 0 ~ I • M E M 0 R A N D U M TO: Murray Ct .sA2¢ Q FROM: Larry McPherson. G g4&"q 46"-aSUBJECT: Bid No. 83-10 - Storm Drain Inlets We received only one bid on the subject project to construct five storm drain inlets. The bid by Young Brothers Construction was $19,201. The estimate for this work was $10,000. After a careful review of the construction estimate, I recommend that this bid be rejected due to the large difference between the estimate and the bid. It is my further recommendation that this project be re-evaluated for force account work or a change in the scope of the project, with a re-bid sometime later in the fiscal year. WRENCE McPHERSON LM:vh • BID Contractor to provide all labor, equipment, tools and related items. Unit Total Item # Quantity DescriptionPrice Price 1 One Modify existing storm drain into a double grate storm drain as shown 4859 4859 in detail A-1. 2 Two Modify existing ,storm drain inlet into a'larger storm drain as shown 2720 5440 in detail A-2. 3 Two Construction of two storm drain inlets described in detail in the SLO County Engineering Department, Standard Improvements and Drawings 4451 8902 Manual, Drawing SPC-3, TOTAL BID $ 19201 To the CITY PURCHASING AGENT:' Date November 7, 1983 In cc^pliance with the above invitation for bids, and subject to all the conditions hereof, the undersigned offers, and agrees, if this bid be accepted within 30 days from the date of the opening, to furnish any or all of the 'items upon which prices are quoted, at the price set opposite each item, 'del.ivered -at the point(s) as specified and, unless otherwise specified within 30 days after receipt of order. Discou=nt of % will be allowed for payment within 30 days from date of delivery. IK'PO'TANT INSTRUCTIONS TO BIDDER Bidder Young Brothers Construction Co. Bids must be sealed and addressed to: By �y City of Atascadero {Sinature of per o autho -ized to sign) Purchasing Argent / P. 0. Box 747 Title C/ Atascacero, Ca. 93422 Address > 55302 Traffic Way Mark Envelope "Bid No., " ,0. Box 176 Atascadero, Ca. 93423 sj s Durr 11-1,q-�3 I-EM M E M 0-R A N D U M TO: Murray C FROM: Larry SUBJECT: Vehicle Bid No. 83-9 DATE: November 10, 1983 I recommend acceptance of the subject bids as outlined in the attached memo from Don Leib. Funds for these purchases have been made available in the 1983-84 Budget. • LA14RENCE McPHERSON LM•vh • 4 M E M O R A N D U 11 TO: Larry FROM: Don SUBJECT; Vehicle Bid No. 83-9 DATE: November 9, 1983 Bids were received and opened for furnishing 4 vehicles for the City of Atascadero and the Atascadero County Sanitation District, the bidders were; Kimball Motor Co. Stanley Motors Inc: Palla Equipment I recommend we accept as follows: Kimball .Motors-- 1 - 4 X 4 Vehicle 12,851.67 2 - One ton cab and chassis 18,071.04 Sub-total 30,922.71 Sales Tax 1,855.36 Total $32,778.07 Stanley Motors- 1 One half ton Pick-up 8,131.35 Sales Tax 487.88 Total $8,619.23 AN IB • I w L7 rb x •p . w � CDQ- CD CD :2m Q O o r• o o o Fl LI) 4L ^ c-) O co ko ( o0 W N CD O rt rt >C rt rt >C rr rt P4 U) 4-- 10b O lo "o O bIT:lO wFJ- �J r• FJ- 0 r wO CFOh G G t-h G C Orn ~ O O O p a CL CL C C C �. Cri FA c F- F- (D (D r to nrAft _ flak c � a 3 v' > eel d o O H O O H O O H O ;:o AM `e O E O :z E 0 p E �3 -C -Q (D O (D (D O (D (D O (D w M 00 1�0 N � %.D W 00 \0 N =3 HF100 N01� 00 v000 r} W W 00 W a, O W W In ` • F--' N O � W N F� In F-' .� + W In N O O O N In ON -S UlUiUl 000 �- CD rt rt rt 03 03 r N 0000 N L� N k.0 l0 W N N 00 00 N 0 ON W F- N 00 l0 In N W CO O W --1 O 00 Q O W In W a, 00 O -r-- W N O W -t W V In �"" �--• W ON F- Ui O Ui F- a\ O\ N W 1,0 F� F� F- CD W W I N OJ 00 O O O O O D\ -0 'D f7 O O In O U, .F-I 4- 0 0 0 W W 0 4. v n CD O CD p < fi CD < BID FORM: The undersigne9obids as follows Unit Extension Item No. Quantity Unit Description Price Total 1 1 ea 4 X 4 On/Off road vehicle 2 2 ea Truck, One ton cab & Chassis 9 QD4 3 1 ea Pick-up 1� ton full sized Sales Tax �� Net Bid Total, F.O.B. City of Atascadero 7 Z To the CITY PuRCHASING AGENT: Date In ccr..p2iance with the above invitation for bids, and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within __'.7,!5> days from the date of the opening, to furnish arty or all of the items upon which prices are quoted, at the price set opposite each item, delivered at the points) as specified and, unless otherwise specified within days after receipt of order. Discocat of _A::5>- % will be allowed for payment within 30 days from date of delivery. I`•LDORTANT INSTRUCTIONS TO BIDDER Bidder - Bids must be sealed and addressed to: By ' City of Atascadero (Signatlure of arson authorized to sign) Purchasing Agent 9 P. 0. Box 747 Title f✓- -- - Atascadero, Ca. 93422 Mar Envelope "Bid No. " Address } r '.:' • is"`R '. { BID FOM: ' The undersignedbids as follows . Unit Extension Item No. Quantity Unit Description Price Total 1 1 ea 4 X 4 On/Off road vehicle p �' 2 2 ea Truck, One ton cab & Chassis 9�RD GDz� E 3 1 ea Pick-up 11 ton full sized Sales Tax Net Bid Total F.O.B. City of Atascadero <7-7. To the CITY Pu 1CHASING AGEN'T Date In cc-=liance with the above invitation for bids, and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within �O days from the date of the o:en_ng, to furnish any- or all of the items upon which prices are quoted, at the price set oacosi to each item, delivered at the points) as specified and, unless otherwise specified within � days after receipt of order. Discount of _cam- % will be allowed for payment within 30 days from date of delivery. I`•LPO:�T=AtiT INSTRUCTIONS TO SIDDER Bidder Bids must be sealed and addressed to: By City Atascadero SignatuA - 9rson- authi , orzed to sign) Purchasas ing ;.gent ( of _ 9. P. O. Box 747 Title Atascadero, Ca. 93422 Mark Envelope "Bid No. Address .. a /. .<•1.. r •.�"J. :.. . • BID FORM: The undersigne zds as follows Item No. QuantityUnit Description Unit Extension Price Total , 1 1 ea 4 X 4 On/Off road vehicle 121880.25 12,880.25 2 2 ea Truck, One ton cab & Chassis 9.132.55 18,265.10 3 1 eaPick-up 2 ton full sized 8.131.35 8.131.35 Sales Tax 2'.356,600 Net Bid Total 41.633.30 F.O.B. City of Atascadero 41,633.30 To the CITY PuzC.:ASiNG AGENT: Date Noverber 3, 1983 In ce-niiance with the above the under � -; « imitation fob bids, and Sll::]ect to all the cen s-g. ed offers, and agrees, if this bid be accepted � d=tions thereof, of the O en ng, to furnish any or all of the items uponpcahich�`hinQ' 30 days from the date _te each item, delivered at the point(s) as specified pand,sunlesare suotea.-wisetspehe crfied within 45-60 days after receipt of order. Discount of //// $ will be allowed for payment within 30 days from date of delivery. I'LDORTANT INST-UC^IONS TO BI CD;R Bidder Stanley Motors Inc. Bids ;gust be sealed and addressed to: City of Atascadero By 4L, Purchasing „gent (Signature of person auth•0rized to sign) P. 0. Box, 747 Atascadero, Ca. 93422 Title General Sales Manager Mar Envelope "Bid No. n Address 1330 Monterey St. San Luis Obispo, CA. 93401 BID FOT.4: The undersign bids as follows Unit Extension Item No. Quantity Unit Description Trice Total 1 t 1 ea 4 X 4 On/Off road vehicle �,�; `��/ � � 2 2 ea Truck, One ton cab S Chassisz�'� 3 1 ea Pick-up !I ton full sized Sales Tax Net Bid Total ��3 � - -- - F.O.B. City of Atascadero 1��.u3 0,U14441�A3 30S1,� ,v �s� d.' Ood To the CITY AGENT: Date (/ 7 / � In cc-_liance with the above invitation for bids, and subject to all the conditions `thereof, the undersigned offers, and agrees, if this bid be accepted within l_ days from the date of •the o_enong, to furnish any or all of the items upon which prices are quoted, at the prise set o=:osite each item, delivered at the noint(s) as sDeci_fied and, unless c hendse snec_fle(. withiny�,I tXh/ Odays after receipt of order. Discount of Q % 'will be allowed for payment within 30 days from date of delivery. IMPORTANT INSTRUCTIONS TO BIDDER Bidder Bids must be sealed and addressed to: 1 By City of Atascadero gn,4turt4o:E person • ehorized to sign: t. • Purchasing agent . P. O. Box 747 Title Atascadero, Ca. 93422 Mark Envelope "Bid No. " Address . —1K •7 G- /� 151 /f1.CLC'/S rol/r Mr `N 7 AG--:NDA DA13-1 ,►-�3 1R�# M E M O R A N D U M TO; CITY MANAGER November 8, 1983 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE TRACT MAP 13-83 LOCATION: 11050 San Marcos Road (Ptn. Lot 3, Block 41) APPLICANT: Paul Martin (Twin Cities Engineering) REQUEST: To resubdivide approximately 21 acres into three parcels of 4.91 acres each and one parcel of 6.36 acres. On November 7, 1983 the Planning Commission conducted a public hearing on the subject matter unanimously (with Commissioners Wentzel and Sherer absent) approving issuance of a Conditional Negative Declara- tion and approval of the land division request subject to Conditions 1-13 as listed in the attached Staff Report._ There was only brief discussion among the Commission. John Kennaly, representing the applicant, spoke in favor of the pro- ject and concurred with the recommended conditions. No one else appeared on the matter. LAWRENCE STEVENS MURRAY Y. WARDEN Planning Director City McInager Ps CITY OF ATASCADERO YsisR � " 8 Planning Department November 7, 1983 STAFF REPORT • SUBJECT: TENTATIVE TRACT MAP AT 13--83 LOCATION: 11050- San Marcos Road (Portion Lot- 3, Block 41) APPLICANT: Paul Margin (Twin Cities Engineering) REQUEST: To resubdivide approximately 21 acres into three parcels of 4.91 acres each and one parcel of 6.36 acres. BACKGROUND 1. Existing Zoning: RS (Residential Suburban) 2. General Plan: Suburban Single Family Residential 3. Environmental Determination: The applicant has completed an Ini- tial Study Environmental Description form. The Planning Director has prepared a Draft Conditional Negative Declaration indicating the project will not have.-a significant adverse effect upon the environment if certain mitigation measures are incorporated into the project. 4. Site Conditions: The site topography is extremely hilly with tops of hills at 1600 to 1660 foot elevations. The difference in ele- vation between the road and the tops of the hills is as much as 80,. feet. These hills are composed of rocky outcrops. San Marcos Road forms the southern boundary of the parcel and has recently been paved. . Fire hydrants have been installed and are in opera- tion along San Marcos Road`. Vegetation consists of 'native grasses and oak trees: 5. Project Description: The applicant requests permission to resub- divide a previously created parcel (`21.09 acres) into three par- cels of 4.91 acres each and one parcel of 6.36 acres. These par- cels would all front on San Marcos Road, a paved 40 foot wide road. 6. Determination of Minimum Lot Size: Review of the five generalized performance criteria (Section 9-3.144) for this specificparcel establishes a minimum lot size as follows: Tentative Tract Map83 (Martin)or . tot Size Factor Average slope (31%) _ . 1.75 Distance from center (14 - 16,000) .50 Access (paved, 15% slope) .40 Septic suitability (severe) 1. 50 General neighborhood character (3.82 ac) .76 Required minimum lot size: 4.91 acres The sizes of lots requested meet the required minimum lot size. 7. Subdivision Review Board: On October 6, 1983 the Subdivision Re- view Board met with the applicant' s engineer, John Kennaly, and Linda Roach. Members of the Board in attendance were: Larry Mc- Pherson, Public Works Director ; Wayne LaPrade, Planning Commis- sioner ; and Fred Buss, Associate Planner. The only comments by the Board were regarding adjustment of the size of the proposed lots to ensure they contain the minimum required area. ANALYSIS Staff reviewed the site and determined that an adequate building site is contained on each proposed parcel. Driveways should not be a prob- lemlem on Parcels B, C and D. The driveway for Parcel A may require more grading than the other parcels unless a shared or common driveway ar- rangement can be accomplished.__ There are also adequate -areas with minor slope on each site to handle onsite septic fields. FINDINGS 1. The creation of four lots with a minimum lot size of 4.91 acres on' this parcel conforms with all applicable zoning and subdivision regulations and is consistent with the General Plan. 2. The creation of four lots in conformance with the recommended con- ditions of approval will not have a significant adverse effect upon the environment and the preparation of an Environmental Im- pact Report is not necessary. RECOMMENDATION Based upon the above Findings, the Planning Department recommends: A) Issuance of a Conditional Negative Declaration as follows: 1. Adequate provision shall be made for drainage and erosion control and protection in conjunction with road and site development. 2 Tentative Tract Map 0-83 (Martin) 10 2. Grading and tree removal shall be minimized during all phases of site and driveway development. 3. Adequate provisions shall be made to minimize fire hazards in conjunction with site development. 4. Adequate and sufficient tests shall be performed on each lot to ensure septic suitability at each building site. 5. Provision shall be made for adequate access to each of the proposed parcels; and, B) Approval of Tentative Tract Map 13-83 subject to the following conditions: 1. Private sewage disposal systems will be an acceptable method of sewage disposal if reports and designs are acceptable. All tests, reports and designs shall conform to methods and guidelines prescribed by the Manual of Septic Tank Practice and other applicable City ordinances. The following Note shall appear on the Final Map: "Appropriate soils reports including a percolation test, a test to determine the presence of ground water , and a log of a soil boring to a minimum depth of ten (10) feet shall be submitted to the Planning Department prior to the issuance of a building permit. Where soils reports indicate the conven- tional soil absorption systems are not acceptable, City ap- proval of plans .for an .alternat.ive _. private sewage disposal , system, designed by a Registered Civil Engineer , shall be re- quired. Depending upon the system, more restrictive require- ments may be imposed. " 2. Water shall be obtained from the Atascadero Mutual Water Com- pany and water lines shall exist at the frontage of all par-" cels prior to filing of the Final Map. 3. All other available utilities not already in place shall be extended underground to each parcel frontage at the time of building permit. Any utility easements are to be shown on the Final Map. 4. Efforts shall be made to minimize grading that would be dis- ruptive to the natural topography and removal of existing, mature trees. The following shall appear as a Note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No g-rading shall commence without an appro- priate permit and compliance with applicable City ordinances. 5. Drainage and erosion control plans, prepared by a Registered Civil Engineer , shall be submitted for review and approval by 3 Tentative Tract Map OF83 (Martin} • the Planning Department prior to issuance of building permits in conjunction with installation of private "driveways, ac- cess easeents or buildings. 6. Roof materials for all- structures shall be Class C rating or better and a Note to that effect shall appear on the Final Map. 7. Plan and profile drawings of proposed individual driveway(s) and driveway easements shall be submitted for approval by the Public Works and Planning Departments in order to determine average grade and appropriate improvement requirements. If average slope exceeds 12%, paved improvement would be a re- quirement at the time of application for a building permit. Otherwise, an all-weather surface would be required similarly In no event will driveways be allowed which exceed 20% in slope. The driveway access shall be improved to a minimum width of twelve (12) feet and shall have a minimum unobstruc- ted vertical clearance of fourteen (14) feet. Notes to these effects shall appear on the Final Map. In the event that driveways are shared (serving two or more lots) , minimum width shall be sixteen (16) feet. In the event of shared driveways, improvement of the shared portions shall be a re- quirement made in conjunction with the first building permit. 8. The existing fire hydrant nearest the property shall be up- graded from a wharfhead to a steamer if required by the Fire Chief after a review of hydrant standards with the Planning Director. 9. All pipelines and other easements of record shall be shown on the Final Map. A letter shall be submitted from each utility company indicating the nature and extent of any building re- strictions. A Note stating any such restrictions shall appear on the Final Map. 10 . Drainage swales shall be indicated on the Final Map and a Note shall appear on the Final Map which states: "Any modification of the ground during site development with- in fifty (50) feet of the drainage swales shall be subject to approval by the Planning and Public Works Departments. " 11. All conditions herein specified shall be complied with prior to filing of the Final Map. 12. A Final Map in compliance with all conditions set forth here- in shall be submitted fo review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordi- nance prior to recordation. a. Monuments shall be set at all new property corners cre- ated and a Registered Civil Engineer or licensed land 0 4 Tentative Tract Map 6-83 (Martin) • surveyor shall submit a letter certifying that the mon- uments have been set prior to recordation of the Final Map. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the Final Map. 13. 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 expira- tion date. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED B Y. FRED BUSS Associate Planner law1w REPORT APPROVED BY: LAWRENCE STEVENS Planning Director Ps i 5 m aW Ol o �Q10 2 � yy J 4 LU Y t ry„ ''d'fY4 ` ; 1 D l` I I `b0 cG k Too Ail 41 . . ev�a Sfi /w 07Y sz f¢-fl 1 f1�ffl4ca [�F/ 3tJ/ll�LUYV �d�F! f�V/r7? lvt9fat3 s5�� /N/iCyklia 3 001 1 ' G,yt�t Rvtr"o 7 "V rvpct v� o a rn 9z C � ` t ` _ � ez so bei DIV ei 00 oz 64 et [V oz �sz - 8t Cl�o?J Okl♦�oL1 � ` ` 02 o w. nom~ w♦ zi 61 su yy a ti °o° 9 vcz. j - oo£i1 y��n Cjph11 Sot - ,1 - oil aor ti�zsit�sL - .. yh •Q�t� y2bti� _." - 'N; AGENDA ll'1 s{-S J [TVA# M E M O R A N D U M TO: CITY MANAGER November 8, 1983 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE TRACT MAP 14-83• LOCATION: 9500 Laurel Road (Ptn. Lot 3 , Block 41) APPLICANT: G.J. Williams (Twin Cities Engineering)' REQUEST: To allow the resubdivision of a previously created parcel having 38 acres into three parcels of `8 acnes and one par- cel of 14 acres. On November 7, 1983, the Planning Commission conducted a public hear- ing unanimously (with Commissioners Sherer and Wentzel absent) approv- ing issuance of a Conditional Negative Declaration and approval of the four-way land division subject to Conditions 1-13 as - listed in the attached Staff Report. There was discussion among the Commission concerning fire hydrant standards and concerning road improvements. John Kennaly, representing the applicant, appeared and 'concurred with. the recommendation. No one else appeared on the matter: AWt7tjA A'""" LAWRENCE STEVENS 140jKRAY Y.' WARDEN Planning Director City Manager Ps i CITY OF ATASCADERO lsas ' d v1979 Planning Department November 7, 1983 STAFF REPORT SUBJECT TENTATIVE TRACT MAP 14-83 LOCATION: 9500 Laurel Road (Ptn. Lot 3, Block 41) APPLICANT: G.J. Williams (Twin Cities Engineering) ' REQUEST: To allow the resubdivision of a previously created parcel having 38 acres into three 'parcels of 8 acres and one par- eel of 14 acres. BACKGROUND 1. Existing Zoning: RS (Residential Suburban) 2. General Plan: Suburban Single Family Residential 3. Environmental Determination: An Initial Study Environmental De- scription has been completed by the applicant. The Planning Director has prepared _a draft Conditional Negative . Declaration indicating the project will not have a significant adverse effect upon the environment if certain mitigation measures are incorpora- ted into the project.- 4 . Site Conditions: .The lot is located.. on the east side..... of . Laurel Road beyond its intersection withSantaLucia. The topography is, generally steep rising from Laurel Road with an average slope of 38%. Vegetation consists of chapparal, natural grasses, and scat- tered oaks. There are some areas of at least one of the proposed parcels that have been scraped clean of vegetation other than large trees. The lot has many drainage swales running from the top of the lot near San Marcos to Laurel Road. 5. Project Description: The 'applicant is, proposing to divide a prev- iously created 38 acre parcel into three parcels of 8 acres and one parcel of 14 acres. Each of the lots will front Laurel Road and extend over _1,000 feet back to the rear of the lot. 6. Determination of Minimum Lot Size: ` An evaluation of the perfor- mance standards for determination of minimum lot sizes (Section 9-3.144) establishes lot size for this parcel as follows: Tentative Tract Map OF83 (Williams) Lot Size Factor Average slope (38%) 2.00 Distance from center (14 - 16,000) - .50 Access (paved, 15% slope) - .40 Septic suitability (severe) _ 1. 50 General neighborhood character (4 .20 ac) .84 Required minimum lot size: 5.24 acres All the proposed lots exceed the required minimum lot size, therefore, the four lots can be created. 7. Subdivision Review Board: On October 6 , 1983 the Subdivision Review Board met with the applicant' s representatives, John Ken- naly and Linda Roach. Also attending were: Larry McPherson, Public Works Director; Fred Buss, Associate Planner ; and Planning Commissioner , Wayne LaPrade. There was discussion concerning the minimum lot size and the extension of Laurel Road in front of the proposed parcels. STAFF ANALYSIS Staff reviewed the project and found that it conforms to lot size criteria and to applicable subdivision regulations. Laurel Road, along the frontages of the proposed parcels, will need only to be im- proved to private driveway standards-- and- will be considered as such. There will need to be a fire hydrant located at the end of the drive- way extension (end of Parcel A) to serve the new parcels. FINDINGS r 1. The creation of four lots exceeding the required minimum lot size of 5. 24 acres on this parcel conforms to all applicable zoning and subdivision regulations and is consistent with the General Plan. 2. The creation of four lots in conformance with the recommended con- ditions of approval will not have a significant adverse effect upon the environment, and the preparation of an Environmental Im- pact Report is not necessary. RECOMMENDATION Based upon the above Findings, the Planning Department recommends: A) Issuance of a Conditional Negative Declaration as follows: 2 Tentative Tract Map 0-83 (Williams) • 1. Adequate provision shall be made for drainage and erosion control and protection in conjunction with road and ,site development. 2. Grading and tree removal shall be minimized during all phases of site and driveway development. 3. Adequate provisions shall be made to minimize fire hazards in conjunction with site development. 4. Adequate and sufficient tests shall be performed on each lot to ensure septic suitability at each building site. 5. Provisionshallbe made for adequate access to each of the proposed parcels; and, B) Approval of Tentative Tract Map 14-83, as submitted, subject to the following conditions: 1. Private sewage disposal systems will be an acceptable method of sewage disposal if reports and designs are acceptable. All tests, reports and designs shall conform to methods and guidelines prescribed bythe Manual of Septic Tank Practice and other applicable City ordinances. The following Note shall appear on the Final Map: "Appropriate soils reports including a percolation test, a test to determine the presence of ground water , and a log of a soil boring to a minimum .depth. of ten (10) feet shall be submitted to the Planning Department prior to the issuance of a building permit. Where soils reports indicate the conven- tional soil absorption systems are not acceptable, City ap- proval of plans for an alternative private sewage disposal system, designed by a Registered Civil Engineer , shall be re- quired. Depending upon the system, more restrictive require-,. ments may be imposed. " 2. Water shall be obtained from the Atascadero Mutual Water Com- pany and water lines shall exist at the frontage of all par- cels prior to filing of the Final Map. 3. All other available utilities not already in place shall be extended underground to each parcel frontage at the time of building permit. Any utility easements are to be shown on the Final Map. 4. Efforts shall be made to minimize grading that would be dis- ruptive to the natural topography and removal of existing, mature trees. The following shall appear as a Note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appro- priate permit and compliance with applicable City ordinances. 3 Tentative Tract Map OF83 (Williams) 5. Drainage and erosion- control plans, prepared by a Registered Civil- Engineer, shall be submitted for review and approval by the Planning Department prior to issuance of building permits in conjunction with installation of private driveways, ac- cess easeents or buildings. 6 . Roof materials for all structures shall be Class C rating or better and a Note to that effect shall appear on the Final Map. 7. Plan and profile drawings of proposed individual driveway(s) , driveway easements, and extension of Laurel Road, as a pri- vate driveway, shall be submitted for approval by the Public Works and Planning Departments in order to determine average grade and appropriate improvement requirements. If average slope exceeds 12%, paved improvement would be a _requirement at the time of application for a building permit. Otherwise, an all-weather surface would be required similarly In no event will driveways be allowed which exceed 20% in slope. The driveway access shall be improved to a minimum width of twelve (12) feet and shall have a minimum unobstructed verti- cal clearance of fourteen (14) feet. Notes to these effects shall appear on the Final Map. 8. The existing fire hydrant nearest the property shall be up- graded from a wharfhead to a steamer if required by the Fire Chief after a review of hydrant standards with the Planning Director. 9. All pipelines and other easements of record shall be shown on the Final Map. A letter shall be submitted from each utility company indicating the nature and extent of any building re- strictions. A Note stating any such restrictions shall appear on the Final Map. 10. Drainage swales shall be indicated on the Final Map and a` Note shall appear on the Final Map which states: "Any modification of the ground during site development with- in fifty (50) feet of the drainage swales shall be subject to approval by the Planning and Public Works Departments. " 11. All conditions herein specified shall be complied with prior to filing of the Final Map. 12. A Final Map in compliance with all conditions set forth here- in shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordi- nance prior to recordation. a. Monuments shall be set at all new property corners cre- ated and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the mon- uments have been set prior to recordation of the Final Map. 4 Tentative Tract Map 0_83 (Williams) 0 b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the Final Map. 13. 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 expira- tion date. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. S REPORT PREPARED BY: K I FFIN Pla ning Intern A4REPORT APPROVED BY: *W LAWRENCE STEVENS Planning Director Ps a 5 M'•= -- -` ,fid 1 ,,, �, t OAD C74 wm ^ vs ! 11 Q!' .�� P. , \` `�I iii r�•�2� �, , tV- z - h .. _ - - \ _.moi// ♦�/.�//� /i�� yl,'.; e � �.� r ,{`� \1,` \`` t �i • l I i 0 180 13 - s fRs -zS 0 so 10 s 0 c 20 101400 J q ' 19 • io� �oG35- /06 _ SS. is 7 G �p� cam, I !4 S l�G(10 ISA 6 44 pSoq`� A /0100 38A \� 3B 43 s1 o 41 10720 45 A 42A 10351 0755 �01570 4 (O 45 AAa2 — 0X55 10780 'ogpo 25 q-oa La�rzE� szv. PTrJ I 10555 1N�37 AGENDA M E M O R A N D U M TO: CITY MANAGER November 8, 1983 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP 11-83 LOCATION: 6700, 6750 and 6760 El Camino Real (Lot 6, Block EB) APPLICANT: Herbert LaPrade (Daniel J. Stewart) REQUEST: To allow division of a 0.95 acre parcel into three parcels of 0.30, 0.31 and 0.34 acres each. On November 7,- 1983 the Planning Commission conducted a public hearing on the subject request unanimously (with Commissioners Sherer and Wentzel absent and Commissioner LaPrade abstaining) approving the land division subject to Conditions 1-3 as listed in the attached Staff • Report. There was brief discussion among the Commission with regard to the enforcement of applicable Uniform Building Code regulations for fire- resistive-construction of the buildings' walls because of the new property lines that would be created. Herb LaPrade, applicant, appeared and spoke in support of approving` his request and felt that he would be able to resolve Condition #1 with the Planning Department. No one else appeared on the matter, GwV LAWRENCE STEVENS MU Y WARDEN Planning Director City Manager Ps ■a n ,,: i \ CITY OF ATASCADERO 1918 1 Planning Department November 7, 1983 STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP 11-83 LOCATION: 6700, 6750 and 6760 E1. Camino Real (Lot 6, ;Block EB) APPLICANT: Herbert LaPrade (Daniel J. Stewart) REQUEST: To allow division of a 0.95 acre parcel into three parcels of 0.30, 0.31 and 0.34 acres each. BACKGROUND 1. Existing Zoning: CR 2. General Plan: Retail Commercial 3. Environmental Determination: The Planning Director has determined the project to be categorically exempt from the provisions of the California Environmental Quality Act (Class 15) . 4. Site Conditions: The 0.95 acre site is currently developed with a service station, 'a tine and brake service shop, and a real estate office. The property _ has frontage on both El Camino Real and Atascadero Avenue The topography on the parcel is flat (paved parking) . 5. Project Description: The applicant requests permission to divide his 0.95 acre lot into three parcels of 0.30, 0.31 and 0. 34 acres. There are three existing buildings on the site atire shop, a service station, and a real estate office. Each of these build- ings will be on a separate lot'. Existing access to each building will be maintained, however, a 14: foot access easement through Parcel 2 will be recorded to allow for additional access to the tire shop from E1 Camino Real. Parcels 1 `and 2 will have frontage on E1 Camino Real, while Parcel 3 will front on Atascadero Avenue. 6. Determination of minimum lot size: There is no minimum lot size in the CR Zone. 7. Subdivision Review Board: On October 6, 1983 the Subdivision Re- view Board met with the ;applicant, Herb LaPrade. Members of the Board in attendance were: Larry McPherson, Public Works Director Fred Buss, Associate Planner; and Wayne LaPrade, Planning Commis- Tentative Parcel Map -83- (LaPrade) sioner. The Board' s discussion focused on the- need- to-reconcile the new property line locations with Uniform Building Code re- quirements for fire-resistive construction. _ ANALYSIS The only Staff concern has to do with the placement of the new proper- ty lines between existing buildings thereby changing Uniform Building Code standards for wall construction. The Uniform Building Code (1976 Edition) requires fire-resistive walls or setbacks from property lines for various occupancies. The applicant proposes placement of the new property lines closer than is allowed based on existing con- struction and occupancies. As a result, walls will need to be up- graded to the appropriate fire-resistive construction or recorded yards will need to be provided. FINDINGS 1. The creation of three lots of 0.30 , 0.31 and 0 .34 acres conforms to all applicable zoning and subdivision regulations and is con- sistent with the General Plan. 2. The creation of three lots in conformance with the recommended conditions of approval will not have a significant adverse effect upon the environment, ,and the_-preparation of an Environmental Im- pact Report is not necessary. RECOMMENDATION r Based upon the above Findings, the Planning Department recommends ap- proval of Tentative Parcel Map 11-83 subject to the following conditions: 1. Provision shall be made to bring existing structures or their yards into conformance with applicable provisions of Section 504 of the Uniform Building Code based on new property lines proposed by this parcel map. 2. A Final Map in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the- Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation of the Final Map. 2 Tentative Parcel Ma*l-83 (LaPrade) - b. A recently updated preliminary title report shall be submit- ted for review in conjunction with the processing of the Final Map. 3. Approval of this Tentative Parcel Map shall expire two years from the date of final approval. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: GREG Planning Intern REPORT APPROVED BY: /�O� LAWRENCE STEVENS Planning Director Ps 3 Q� a W ZS 0. . CN 0 do z�s3ac—��3ar� Iv.oi'.9r.+1 s r �ti/ O. Q Q aS 3 lir ------- ' 3nNgAV Oa'3bd7Shct! F 'S y_ '! t '.n J. .mss `N• ('''� 3 Fy1' 4 ��. -K-' _.�{� is � � � "` 1 •� i�t a S .��, �`*�Y �'f'a y3y jj oi '' A_ _ � � ;•` __..� I-t .� j,- rr� �'`�- moi-':,I l J6 4 0) u ul �'�H s i �tc" `"�M �Tmp 77 �. so ''` ��+ _g °�� n. i.= `;•- � #. ` ,1�a«�:.. cam- L - o� h` +r � `� N f I i'7rn �►�� .s tei � N �, - o a� t �-`..:- - fti 7�,,�,>. + • 4t `Ap aro 4N o ti� � o - o off` Mau R eT 7 ".i�•'"., Qt �� - 2 �� mNh Nva NMy uw ron u � - '"`"y.• c�a.�.c :_X .,. - � N N� • X19 8l$$ �- '+` ` aN^� 4u JO � q.TECUIMM �) it 8155 .'� GGi•._: t O ., o + �ya•�� - `'"i yo .r ji .G � • 8415�- � a =` ` / .! .' �`••` ~ » O w I �e ~ 67a} 6755 e•^ >r ,,`_ - i`` .�� al 10 r o I o e ° woe s•- �/ �o ��, ,� ,cy,y�p .. Tp '� 'te ':. . ,► rf ' X' .gip/� I/p '� / L 00 rn "'� 4 � /ppb ti • � 2 - ��yk e 3�� ..!Q� Q �s6s ` N �'� �.. .-�CN�I�if��f✓•i�� x z 3 •' �sz ��'m If m t b 2 _ ► J �L -1 -i -1 yti oto /HJT MIETH37 AGENDA DATE ITEM _ M E M 0 R A N D U M • TO: CITY MANAGER November 8, 1983 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP 12-83 LOCATION: 8045 Cristobal (Ptn. Lot 16, Block 7) APPLICANT: G.W. Johnson (Daniel J. Stewart) REQUEST: To allow the division of a developed 2.04 acrelot into two parcels of 1.04 and 1. 0 acre parcels. On November 7, 1983 the Planning Commission conducted' a public hearing on the subject matter unanimously (with ' Commissioners Wentzel and Sherer absent) approving issuance of a Conditional Negative Declara- tion and approval of the land division request subject to -Conditions • 1-9 as listed - in the attached Staff. RePort with modifications to Conditions #1 and #3 as follows: 1) Add. . . . . ..A Note to this effect shall appear on the Final Map. " 3) Delete the word "frontage" . There was only brief discussion among the Commission. Edith Hessick, representing the applicant, spoke in favor of the pro- ject and concurred with the recommended conditions. No one else appeared on the matter. i LAWRENCE STEVENS MYRRAY . -WARDEN Planning Director City Manager ps • e CITY OF ATASCADERO 1918 a / D Planning Department November 7, CA - 1983 5 _ER . STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP 12-83 LOCATION: 8045 Cristobal (Ptn. Lot 16, Block 7) APPLICANT: G.W. Johnson (Daniel J. Stewart) REQUEST: To allow the division of a developed 2. 04 acrelot into two parcels of 1.04 and 10 acre parcels. BACKGROUND 1._ Existing Zoning; Residential Single gamily (RSF-Y) 2. General Plan: Moderate Density- Single Family 3. Environmental Determination: An Initial Study Environmental De- scription form has been completed by ,the applicant. The Planning Director has prepared a draft Conditional 'Legative Declaration in- dicating the project ,will not .have -a significant adverse effect upon; the environment if certain mitigation measures are incorpora- ted into; the project, 4. Site Conditions: The 2.04 acre site slopes gently downward' toward Cristobal Road. There is an existing single family residence and a detached garage on the site. The developed portion of the site,, is extensively landscaped and 'contains several mature trees. The proposed new lot is undeveloped and has several mature pines and native grasses. Access to the sites is from Cristobal. 5. Project' Description: The :applicant proposes to divide an existing - 2.04 acre parcel into two parcels of 1. 04 and 1. 0 acres. The cur- rently developed portion of the site will be wholly contained within the new 1.04 'acre parcel. Both parcels will have frontage and _access on Cristobal. 6. Determination of minimum lot size: Minimum lot size in the Resi- dential Single esi-dential ' Single Family (RSF-Y) Zone is one acre for property with public sewer available and 1 1/2 acres otherwise. The property in question has public sewer available, therefore, the minimum lot size is one acre. 7. Subdivision Review Board: On October 6, 1983, the Subdivision Re- view Board met with the applicant's engineer, Dan Stewart, to dis- cuss the proposed land division. Members of the Board in atten- dance were: Larry McPherson, Public Works Director; Fred Buss, , j Tentative Parcel Map -83 (Johnson) Associate Planner; and Wayne LaPrade, Planning Commissioner. The Board notes the following: - The minimum lot size has been complied with. - All utilities, including sewers, are available to the parcels. - Existing fire hydrants serving the area are adequate for the protection of the new lot. FINDINGS 1. The creation of two lots of 1. 04 and 1. 0 acres conforms to all applicable zoning and subdivision regulations, and is consistent with the General Plan. 2. The creation of two lots in conformance with the recommended con- ditions of approval will not have a significant adverse effect on the environment, and preparation of an Environmental Impact Report is not necessary. RECOMMENDATION Based upon the above Findings, the Planning Department recommends: A) Issuance of a Conditional Negative Declaration subject to the following condition: 1. Grading and tree removal shall be minimized during all phases of site development; and, B) Approval of Tentative Parcel Map 11-83 subject to the following conditions: 1. Sewage disposal shall, be by. conn/oy.ction to the community sewer system. `;e 2. Water shall be obtained from the Atascadero Mutual Water Com- pany and water lines shall exist at the frontage of the newly created .parcel prior to filing of the Final Map. 3. All other available utilities not already in place shall be extended underground to each parcel :€rontage at the time of building permit. Any utility easements are to be shown on the Final Map. 4. Efforts shall be made to minimize grading that would be dis- ruptive to the natural topography and minimize removal of existing mature trees. The following shall appear as a Note on the Final Map: 2 Tentative Parcel Ma&2-83 (Johnson) . "No trees shall be removed without compliance with applicable City Ordinances. No grading shall commence without an appro- priate permit and compliance with applicable City ordinances. 5. All pipelines, utility easements and other easements of rec - ord shall be shown on the Final Map. A letter shall be sub- mitted from each utility indicating the nature and extent of any building restrictions. A Note stating any such restric- tions shall appear on the Final Map. 6. Drainage swales shall be indicated on the Final Map and a Note shall appear on the Final Map which states: "Any modification of the ground during site development with- in fifty (50) feet of the drainage swales shall be subject to approval by the Planning and Public Works Departments. 7. All conditions herein specified shall be complied with prior to filing of the Final Map. 8. A Final Map in compliance with all conditions set forth here- in shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordi- nance prior to recordation: a. Monuments shall be set at all new property corners cre- ated and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monu- ments have been set -prior -to- .recordation of the Final Map. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the Final Map. a 9. Approval of this Tentative Parcel Map shall expire two years from the date of final approval. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: Aon =1_=R1 10, G FU Planning Intern REPORT APPROVED BY: LAWRENCE STEVENS Planning Director 3 r tk It °v u •, I � I�, .I � � � R o 1 I 11 11 I I 1 \ i � 1 i I 1 � a ayya b 4 � i Q>7t V 3Fr✓�a '�f u> � _ a� ryJ ,3n`i 4 ' 6 l- 1 ♦ ' z ► _ 1 `-\� . A TS. 595 \ tz P. )t-s 7/ ' '� -/9�\ y° '�� •� �Y°l�'so >rJr s� , Y �?oo �5 tis 11 is�4 t,se s7 co "Of jb 4 1A ��s o 1s ► w /•' 1R sr i 7Los T If 14 t4 7LLif 10 a os D ,zzo l )Ao , ku ) ,t3 oo 7sL is Tssss /-ems �s� 'j6 iL ,sso 55 • a 7l P s �a+o 0 7�5 naso ,,s ► ' .• Q >yo,� Y ® n t.T450- 7+s�0 l 777a r , -♦-�c,�Y�� i LSF.-Y ' so 7ijc ruslt )sem 7gZsf �Szp ' �lsso ) •I?� 1 ))ZO 76 5. L,4 s • r )6 ) g 6)6x0 ♦� 4 r 3 A,.p ,, P • it -e Cl1�1�D3) co-- 24 11o0 J3 lsi y, �► � t+4 rl•.t rr ,� �)J _s 77� 7G Xi ;j � M` y♦✓' 4 7 i,so )13-A )190 7Pf 80x. ) V.�,',4'�•. )� ' 434 7860 -T< 'x ►sal •' , ">s � s - Bis / 2 ,eoo >••► \ . .7660 p v z B m rt a s .. `Rb Y O yb/ rn rN1 ♦�„ ' sr a ti0 Is A LSF-Y G ' 51 4. ' 8235 7 rJ as eo,s�s W 17 � :�� aty' 6 r• 60 b\ ��yS 7 � 18 PaRL PAR. 1 6 his a •8 ao f Q 'th _ ta.arr, z5 /•. `.-sY !� ..aa�s '9m - Y 3�5 94sp _. 2. O �� ' � '►Gi3 tAR2 IS-C ¢ t ooi ats,�B3 !J s5 0EO F :s ++ .�. ,rse+ ao9 U p 2L® G Gti i3�Aa.$ lY c - ! 5 miss • h e� �,p� S_ �^ // �� ,�S is & He A,)ia}+ � . RS F.-�Y(FF-i1 �;° ,' `� 3st,te )pJg,� ;,�• Pp,y�� Jr 85 . t 7 . Zj s? �� 27 i esus 7p a zs :a t )o g2y 4 S er3?2; .� 5/ t sss t• �i� 8y 3 ., _ B J s r 1 r• • '�T o qtr s gso:� I sZ�s a 28 r J �05r �r Rsr st• s ' 8 `r s r^tri>d In o \ ' m i r o \ 9 G m \ r � RMF/16 f FN1 �s-:' \`N� t� 10-A � cu`tr-.,. �� `'�,/ 11 1t'. rr r g9k5 \ o //�� 6 pry D!ll�lpyA m r y+`'�W s w 12n r:t3 ) _ Ai! '// 7 w ] (9 ZO ' Z Q1 W mA�� i yrs .31 L R 0 q I'7CX CSF` ATASG ,% DE Planning g Department i I '; , r��t1 AT AIOU - $3 i *ING AGTNDA DATA- ILJ1-1 17E A M E M 0 R A N D U M TO: CITY MANAGER _ November 8, 1983 FROM: PLANNING DIRECTOR SUBJECT: CERTIFICATE OF COMPLIANCE 4-83 LOCATION: 6375 and 6385 Santa Ynez (Lot 11, Block ZA) APPLICANT: L.C. and June Gibaut REQUEST: Legalization of a lot split that occurred in 1960 through the Certificate of Compliance process. On November 7, 1983, the Planning Commission reviewed the subject mat- ter unanimously (with Commissioners Sherer and Wentzel absent and Com- missioner LaPrade abstaining) approving a Conditional Certificate of Compliance subject to Conditions 1-3 as set forth in the attached • Staff Report. - There was only brief discussion among the Commission concerning why conditions would be placed on these types of applications since the property has already been split and developed. No one appeared on the matter. y� LAWRENCE STEVENS M RAY I . WARDEN Planning Director City Manager Ps • ,FRAi� QR. � Q «^M CITY OF ATASCADERO 1918 d Q 1979 Planning Department October 17, 1983 STAFF REPORT SUBJECT: CERTIFICATE OF COMPLIANCE 4-83 LOCATION: 6375 & 6385 Santa- Ynez (Lot 11, Block ZA) APPLICANT: L.C. and June E. Gibaut REQUEST: Legalization of a lot split that occurred in 1960 through the Certificate of Compliance process, BACKGROUND 1. Existing Zoning: RMF-16 (Residential Multiple Family 16 units per acre;) 2. General Plan: High Density Multiple Family 3. Environmental Determination: The Planning Director has .determined the project to be a Class 5 (c) Categorical Exemption according to f the provisions of the California Environmental Quality Act (CEQA) . 4. Site Conditions: The lots are located on Santa Ynez Avenue be- tween Atascadero Road and Navajoa Avenue. Both are presently dev- eloped with single family residences. The lots are approximately .18` and _.30 acres each. 5. Project Description: The applicant is proposing to legalize a lot division that occurred in 1960 by deed. The properties were bought in 1973 and 1980 by the present owner. 6. Subdivision Review Board: On October 6, 1983 the Subdivision Re- view Board met to discuss the proposed Certificate of Compliance with the applicant, Leonard Gibaut. Members of the Board present were Larry McPherson, Public Works Director ; Fred Buss, Associ- ate Planner; and Wayne LaPrade, Planning Commission. The Board had no comments except that standard conditions should be imposed. STAFF ANALYSTS Section 66499.35 (b) of the 1983 California Government Code requires` a City to issue a conditional certificate of compliance when it finds that a property has been divided without compliance with the Subdivi- • sion Map Act and/or local ordinances. The sites are fully' developed. Certificate of Compliance 4-83 (Gibaut) RECOMMENDATION The Planning Department recommends approval of a Conditional Certifi- cate of Compliance subject to the following conditions: 1. All pipelines and other easements of record shall be recorded with the Certificate of Compliance. Any building , restrictions appli- cable to these easements shall also be noted on the Certificate. 2. The Conditional Certificate of Compliance shall be submitted for review and approval of the Planning Department prior to recordation. a. A recently updated preliminary title report shall be submit- ted for review in conjunction with processing the Condition- al Certificate of Compliance. b. Monuments shall be set at all property corners, and a letter from a Registered Civil Engineer or licensed land surveyor shall be submitted certifying that the monuments have been set prior to recordation of the Conditional Certificate of Compliance. 3. Approval of this Conditional Certificate of Compliance shall ex- pire one year from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: I GRIFFIN PFG la ning Intern REPORT APPROVED BY. /, � LAWRENCE STEVENS Planning Director ps 2 IVY c z R M. f r .6 `r 6 r —"i.6Zj 6� C► 1t4 ,t , s �: a "•r fos � }•.+ at r !'� �} � 7. 5�atf.. `'� �l.. £- - 1 6 3�.._ Ati q'TOFISI }"� a ; `•- / T'rP t i�t ,tk' 't° {i7• � Sg0 '`L S'�G.� V k 13 as}$ bs7 'oso „�. ham+- ; S ._ ,, j bJ7 'e•• `� 6S?t - �`br� , . .. • i7Is 687D t} RMF/?6 Q b97o43 H] i bqA GSTS� $ b . .,..�F t In i4z5 h 10 A� Vis • . �„ � � _ a. .. r Ls los F ; 7aos ra,r + 7o8sji 7100 7oGy rVr ° ;a r 71SS � f(O fSp ap ,�`''• h;; a 7e s!s7 >oyo A 1 S �L t1 j 1 , 300 7zss,�zsp '`�°° to . Vis'1L J' 73jo 73osX25 , ,•c �3qp lit •722' � �, 75� 0 2i �Op 75 �j50 #� i � ga 73ss F.7 f r 7yoJ s 49 t3s�a 5 7 os fO. 7405 ' krf•h N i a. t � .a:,� 7' 7y 7 ' �f /.1�,.. 7 ✓5 Q T Yo J Lp �r C Y' Cj 7500 7 � j� - jai t 4 2� szciss0 7s i ?� ;Sr ig st ��s �bTips 7s� SZS "•7 rbA? 5 :!�3O QST i b 4z 7csr 7GCr_- i ,te l y5 sus 'N� � », � ZoN 6 rg T s '] '� C.p ?3- CAPTION 1,-UP , 3 ,, A Ices > CF—KT1 F1 CASTE 6 F COtPLI,4 l/4_ 4 . AO'so 4 �► (375 ��3$5 5AA7TA 77LWEZ s/ 'CNfPD3} �SZ , 'LOT t S 77:T 3SS 7g2tF �4 2y'X -`•" ' I'- '� 22_ 785-0 7y)57gss.. .! - 7'SfiO 75 ', o lgas sp 7 3 J. J�s r }J PA. CITY OF ATASCA D E 29 O O � 21 ,w moo`_ O N 4 36 9 ,2Y h -4 O 2 Ptn. Lot 15 37 28 36 A30A4°06 ,9 \hh 29 �U 6 v� FOR OONOO /. v ; UNITS & ` i 38 16 i O SUB.NO'S. SEE 3 io i SHEET2OF2i� ��pM 31, 1i y g '0 21� 2 -'� •� 60 - ,/ oo ,30 S i 17 a M'6�16 c� ' 9 23 3 r h 21 P 28 ,Ito 22 � 18 9 30 0 DOO19o s c 1 g4 9` o 10 ro ZZq B o M PM..B� 0 24 / Q� 33 Q' O � 34el N J _ o N3Z'�Z11 25 iZs 14 s N �q. C c � o Zod� 12 2 "oo M�� 1120 , , 9 31 o P + y Zig m + 12 0 13 S� �O �B a �Z PpERp q��,�q Ptn. Atascadero Sub., R.M. Bk. 4, Pg. 1ZP_`/ S-Co-B.Z ,fit, M ZING AG SDA DATL • M E M O R A N D U M TO: CITY COUNCIL November 8, 1983 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP AT 810908:1 AND STREET NAME LOCATION: Palo Verde Road (Portion Lot 7 , Block 95) APPLICANT: Rudy Ruda (Hilliard Surveys) On November 23, 1983 the City Council approved Parcel Map AT 810908 :1 subject to certain conditions and in concurrence with the recommenda- tion of the Planning Commission. The zoning is RS and the General Plan Designation is Suburban Single Family Residential. Staff review has determined that all conditions of approval have been met. The applicant also requests approval of the name "Chavez Lane" for the private road serving these parcels. Staff Recommends acceptance of the requested streetname' and the Final Map. On. November ; 7, 1983 the Planning Commission reviewed the matter on its Consent Calendar and recommends acceptance of the Final Map and approval of the requested street name. ,z, LAWRENCE STEVENSRAY . _WARDEN Planning Director ity lWanager Ps Y E- u �urcAA�`' try i ° _. u 0, £ � �2 3 ♦AtA� v�, 1p � �,p y 0° Ri °r V y� Qt a 2�q �` t6�� 4fi 4� �� u� �,p��'q�v � •udq� � � G { A " 1ya iq o oIlk �p It Al d a F • c��,i n� `w � �� e as s+ ' I r t n 02gA�j ��i qP cya h� ♦y p° � op�ti a h 2}• � :gym � ?� � ,t�i,° f IN oZ • '� est �a s °��E• + �, 1J � �nA {N $ fl ?1 �- t 01 10 M �n � �yY. �'I L. m YY. .b P^(a. n N w;M�«v' T �.♦ riy�. dti• Q i R s°� ,� £ ilil2ii 50 tz2222�ta , 1. u '�'.•�'i �• � d of � Ai a � vinq+e.M�v% pp * ..Y aT P PII a e_ � Pe� � "w+ a.:. •N+n �P+� * , . E 1N ' AG NDA DATE N-1 4l`Y'3 EM �— M E M_ 0 R A_N D U M TO: City Council FROM: City Manager SUBJECT: Second residential units DATE: November 10, 1983 Attached is the original memo of October 18, 1983 concerning secondary housing as well as additional alternatives presented in Larry Stevens' November 9th memo. You now have before you eight different alternatives involving this problem. It should be noted that any of the eight could utilize the provisions of any other if you desired to take parts of one and combine them with parts of another. In considering these alternatives, Larry and I have discussed the matter and feel that alter des the snctle best approach; fob 01 weed-in order, by a terns- tives 6 and ,8. This presupposes, of course, that you wish to do anything at all about the matter . You should note that Larry still has reservations as to the propriety of having second residential units at all, but with • the assumption that the Council.=desires something- to be .done, he joins in the selection of the alternatives as discussed above. As additional information, I have included an 'ordinance pass- ed by the City of Santa Barbara to illustrate how this matter has been handled by another city; one which has acquired the reputa- tion of being zealous of preserving the integrity of the Santa Barbara atmosphere. With these considerations in mind and if you wish to pursue granny housing, or secondary housing, then it would be appropri- ate to instruct Staff to 2repare a draft ordinance amendment en- com ass a proTcq ou find appropria e. er"" I at r ra t o t'h nning Commission for their perusal before coming back to you for adoption. MU Y . WARDEN MLW:ad • 1 !lI G AG lDA BATE 1 f -1�{-1 3 1¢EM # � M E M O R A N D U M TO: CITY 'COUNCIL November 9, 1983 FROM: PLANNING DIRECTOR SUBJECT: ZONING ORDINANCE TEXT AMENDMENT 1-83 - Second Residential Units The City Council continued this matter from their meeting of October 24, 1983. As a result .of discussion at that, public hearing,, several additional alternatives have been prepared. It is important to be aware that parts of these alternatives, including the alternative recommended by the Planning Commission, are interchangeable. The final determination could involveparts from several different alternatives. Additional alternatives are as follows: Alternative #6 1) Add "secondary residential unit" as a Conditional Use in the RS Zone (Section 9-3.143 (u) ) , the .RSF Zone (Section 9-3.153 (l) ) and the LSF Zone (Section 9-3.163 (k) ) . 0 2) Add the following Land Use Description in proper alphabetical se- quen+ce 'to Section 9-3.701: Secondary Residential Unit: A separate residential unit containing sleeping quarters, kitchen and bathroom facilities established on a lot already containing a single family dwelling. 3) Delete Subsection (b) of Section 9-6.106 ' .entitled "Guesthouses" and reletter remaining Subsections and delete the definition of "Guesthouse" from Section 9-9.102.' 4) Add the following standards for secondary residential units: Section 9-6.144. Secondary Residential Units A dwelling unit in the RS, RSF, and LSF Zones allowed as a secondary use to an existing single family dwelling on the same site shall be sub- ject to the standards of this Section. (a) Status of Residents..- The occupants of either the secondary residential unit or the single family dwelling shall be the owner of the; property. (b) Floor Area Limitation. Secondary residential units shall be limited to a floor area not greater than 50% of the floor area of the single family, dwelling on the site, with a maxi- Zoning Ordinance Text Amendment 1-83 mum floor area of 800 square feet. Garages, unenclosed porches, unenclosed patios and similar structures shall not be calculated as floor area. (c) Type of Construction. Secondary residential units shall be site-built housing or factory-built housing placed on ap- proved permanent foundations meeting the requirements set forth in Section 9-6.142. (d) Parking Requirements. Two parking spaces located outside of the required front yard shall be provided for the secon- dary residential unit. (e) Utilities. All utilities including but not limited to gas, electric, sewer and water shall be connected with the single family dwelling with no separate meters being provided. If a private sewage disposal system is allowed, the secondary res- idential unit shall be connected to the same system, whish may be expanded, as the single family dwelling. (f) Supplementary Statement. The application shall include a written statement from the property owner indicating that the owner is aware of and intends to comply with the standards governing secondary residential units. The property owner shall submit to the Planning Department an annual written statement in January of each year to verify continuing com- pliance. Prior to occupancy of the secondary residential unit, a covenant detailing the limitations on the unit shall be recorded with the County Recorder ' s Office. Alternative #7 1) Same as Alternative #6 2) Add the following Land Use Description in proper alphabetical sequence to Section 9-3.701: Secondary Residential Unit: A separate and complete housekeeping unit consisting of two or more rooms for sleeping and living purposes, one of which is a kitchen, that is substantially contained within or attached to a single family dwelling. 3) Same as Alternative #6 4) Add the following standards for secondary residential units: Section 9-6.144. Secondary Residential Units. A housekeeping unit in the RS, RSF and LSF Zones allowing as a secondary use to an existing single family dwelling on the same site shall be sub- ject to the standards of this Section. 2 Zoning Ordinance Text Amendment 1-83 (a) Existing Development. There shall be no more than one existing single family dwelling on a parcel to be developed with a secondary residential unit. Secondary residential units shall be prohibited if there is a guest house or care- taker ' s residence on the parcel. (b) Floor Area Limitation. Secondary residential units shall be limited to an increase in the floor area of the existing single family dwelling of no more than 25%, not to exceed a maximum of 600 square feet, and shall not constitute more than 40% of the combined floor area of the single family dwelling and the secondary residential unit. Garages, unen- closed patios, unenclosed porches and similar structures shall not be calculated as floor area. (c) Attachment to Single Family Dweling. The secondary resi- dential unit shall be attached to the single family dweling by a common wall, floor or ceiling. Attachment only by a breezeway or porch is not acceptable. (d) Status of Residents. The occupants of either single fam- ily dwelling or the secondary residential unit shall be the owner of the property. The occupants of the remaining unit shall comply with one of the following: (1) Immediate Family. A household whose head is a member of the immediate family of the property owner. Immedi- ate family shall include only grandparents, parents, children, grandchildren, sisters and brothers of the property or spouse of the property owner. (2) Low Income Households. Households with incomes less than 80 percent of the median income for the City, as� determined by the United States Department of Housing and Urban Development or other governmental agency. The rent level shall not exceed the Fair Market Rent levels established for the City. The income level of the rent- er shall be certified by the San Luis Obispo Housing Authority and the certification shall be submitted to the Planning Director. (3) Moderate Income Households. Households with incomes between 81 and 120 percent of the median income of the City, as determined by the Department of Housing and Urban Development or other governmental housing agency. Moderate income households shall be approved only when a sworn declaration supported by written documentation, such as loan documents, demonstrates that higher rent is is required in order to meet the carrying costs of new construction. (e) Parking Requirements. Two parking spaces located outside of the required front yard shall be provided for the second- ary residential unit. 3 Zoning Ordinance Text Amendment 1-83 (f) Utilities. All utilities including but not limited to gas, electric, sewer and water shall be connected with the single family dwelling with no separate meters being provided. If a private sewage disposal system is allowed, the secondary res- idential unit shall be connected to the same system, which may be expanded, as the single family dwelling (g) Supplementary Statement. The application shall include a written statement from the property owner indicating that the owner is aware of and intends to comply with the standards governing secondary residential units. The property owner shall submit to the Planning Department an annual written statement in January of each year to verify continuing com- pliance. The Planning Department shall also be notified of any change in the occupants of either unit. Prior to occu- pancy of the secondary residential unit, a covenant detail- ing the limitations on the unit shall be recorded with the County Recorder ' s Office. Alternative #8 1) Same as Alternative #6 2) Add the following Land Use Description in proper alphabetical se- quence to Section 9-3.701: Secondary Residential Unit A separate and complete housekeeping unit for living and sleeping purposes with its own kitchen facilities established on a lot al- ready containing a single family dwelling. 3) Same as Alternative #6 4) Add the following standards for secondary residential units: Section 9-6.144. Secondary Residential Units. A dwelling unit in the RS, RSF and LSF Zones allowed as a secondary use to an existing single family dwelling on the same site shall be subject to the standards of this Section. (a) Existing Development. There shall be no more than one ex- isting single family dwelling on a parcel to be developed with a secondary residential unit. Secondary residential units shall be prohibited if there is a guesthouse or care- taker ' s residence on the parcel. (b) Type of Construction. Secondary residential units shall be factory-built housing, such as a mobilehome or a modular unit or may be site-built housing. (1) Mobilehome. A mobilehome may be used for a secondary residential unit. It shall be established in confor- mance with all standards for individual mobilehomes set forth in Section 9-6.142. An approval for a mobilehome 4 • Zoning Ordinance-Text Amendment 1-83 shall be for a maximum of twoyearswith a maximum of one two-year extension unless a new Conditional Use Permit is secured. Mobilehomes shall only be occupied by immediate family members or the property owner as specified by Section 9-6.144 (d) (1) . (2) Modular Structure. A modular structure (built in a factory to meet International Conference of Building Officials standards for a single family dwelling) may be used for a secondary residential unit. An approval for a modular structure shall be for a maximum of two years. The Planning Department shall extend the approval for additional periods of two years where the property owner demonstrates continuing compliance with standards gov- erning secondary residential units. Modular units shall only be occupied by immediate family members or the property owner as specified by Section 9-6 .144 (d) (1) . (3) Site-Built Housing. Site-built housing may be used for a secondary residential unit when attached to the single family dwelling by, a common wall, floor or ceil- ing. Attachment only by a porch or breezeway is not acceptable. Site-built secondary residential units shall be occupied in compliance with Section 9-6.144 (d) . (c) Floor Area Limitation. Secondary residential units shall be limited to a floor area not greater than 50% of the floor area of the single family dwelling on the site, with a maxi- mum floor area of 800 square feet. Garages, unenclosed porches, unenclosed patios and similar structures shall not be calculated as floor area. (d) Status of Residents. The occupants of either single family dwelling or the secondary residential units shall be the own- er of the property. The occupants of the remaining unit shall, depending on the type of construction, comply with the following as appropriate: (1) Immediate Family. A household whose head is a member of the immediate family of the property owner. Immedi- ate family shall include only grandparents, parents, children, grandchildren, sisters and brothers of the property or spouse of the property owner. (2) Low Income Households. Households with incomes less than 80 percent of the median income for the City, as determined by the United States Department of Housing and Urban Development or othe governmental housing agency. The rent level shall not exceed the Fair Mar- ket Rent levels established for the City. The income level of the renter shall be certified by the San Luis Obispo Housing Authority and the certification shall be submitted to the Planning Director. 5 Zoning ordinance Text Amendment 1-83 (3) Moderate Income Households. Households with income between 81 and 120 percent of the median income of the City, as determined by the Department of Housing and Urban Development or other governmental housing agency. Moderate income households shall be approved only when a sworn declaration supported by written documentation, such as loan documents, demonstrates that higher rent is required in order to meet the carrying costs of new construction. (e) Parking Requirements. Two parking spaces located outside of the required front yard shall be provided for the second- ary residential unit. (f) Utilities. All utilities including but not limited to gas, electric, sewer and water shall be connected with the single family dwelling with no separate meters being provided. If a private sewage disposal system is allowed, the secondary res- idential unit shall be connected to the same system, which may be expanded, as the single family dwelling. (g) Supplementary Statement. The application shall include a written statement from the property owner indicating that the owner is aware of and intends to comply with the standards governing secondary residential units. (h) Special Standards: (1) Mobilehomes and Modular Structures. (i) Time Extensions. The property owner shall be re- sponsible for initiating in a timely manner a re- quest for a time extension when allowed by this Section. A request for a time extension shall in-' clude sufficient written documentation to verify continuing compliance with applicable standards for this Section. (ii) Removal of Non-complying Unit. A secondary resi- dential unit shall be removed from the site at such time as it is no longer occupied as specified in this Section. (2) Site-Built Housing. (i) Annual Review. The property owner shall submit to the Planning Department an annual written state- ment in January of each year to verify continuing compliance. The Planning Department shall also be notified of any change in the occupants of either unit. 6 • • Zoning Ordinance Text Amendment 1-83 (3) Recordation of Covenant. Prior to occupancy of a secondary residential unit, a covenant detailing the limitation on the unit shall be recorded with the Coun- ty Recorder ' s Office. Said covenant shall be approved as to form and content by the Planning Director and City Attorney prior to recordation. t/W� Yk L LAWRENCE STEVENS Planning Director Ps 7 M E M O R A N D U M TO: CITY MANAGER October 18, 1983 FROM: PLANNING DIRECTOR SUBJECT: ZONING ORDINANCE TEXT AMENDMENT 1-83 APPLICANT: Initiated by Planning Commission REQUEST: To consider allowing second residential units such as granny flats and companion units in residential and agri- cultural zones. On August 15, September 6 and September 19, the Planning Commission conducted public hearings on the subject matter. The Planning Commis- sion recommends (with Commissioner Sherer and Chairman Lilley dissen- ting) adoption of an ordinance to permit second residential units sub- ject to certain criteria (i.e. limited duration, immediate family oc- cupancy, mobilehomes only, common utilties) as outlined on pages 14 and 15 of the attached Staff Report. The Planning . D rector recommends m the nits noallowdtngs required by tioment Code Sec ` There was considerable discussion among the Commission related to the following matters: - prohibition of second units - temporary units versus permanent units - types of age restrictions, if any - parking and access - separate or combined metering - appropriate zones for second units - types of approval processes involved - unit sizes A series of alternatives included in the Staff Report was also thor- oughly discussed at the hearing. There was considerable public to wimony in support of allowing second units. The attached minutes for the three hearings summarize those comments. 1 7)o rcoT Cweu It w t v-* P1,rW'0'`JrGO 4 (A m m . 1 - t /f- IYCCP alit C� 'F M V44c, AM.., f1mo 4 - e4t4lmL '444tst a �VLi�fl • LAWRENCE STEVENS s $f Y L WARDEN M�� Planning Director jm�%I c Ci y Ma ager �� -� (LASt 0 T. CITY OF ATASCADERO 1918 p 1979 Planning Department September 19, 1983 STAFF REPORT SUBJECT: ZONING ORDINANCE TEXT AMENDMENT 1-83 APPLICANT: Initiated by Planning Commission REQUEST: To consider allowing second residential units such as granny flats and companion units in residential and agri- cultural zones. PAST ACTION At its August 15th meeting, the Planning Commission reviewed this matter and endorsed the concept of allowing second residential units on single family residentially zoned property. At the conclusion of the discussion, the Commission continued its public hearing and di- rected Staff to prepare some alternative ordinances focusing around the issue of permanent and temporary units. The Planning Commission appeared to agree on the following items_,_ but wanted to review speci- fic ordinance proposals: 1) That no limit be set on the age of an occupant 2) That units be allowed in all single family residential zones 3) That the approval process be as simple as possible 4) That the existing standards for setbacks and lot sizes are sufficient 5) That utilities be joint with the main residence 6) That parking as provided in the zoning ordinance is sufficient 7) That the unit' s size be limited to 800 - 1000 square feet 8) That the owner be an occupant of one of the units on the site 9) That no limits be placed on the economic level of the resident PAST ACTION At its September 6, 1983 meeting, the Planning Commission reviewed several proposals for the establishment of second residential units in single family residentially zoned areas. The Commission directed Staff to prepare a draft ordinance for review that would allow for the establishment of a second residential unit as follows: 0 0 Zoning Ordinance Text Amendment 1-83 1) The second unit to be temporary and have a non-permanent foundation. 2) The second unit be allowed for 2-3 years with a periodic review. 3) That one of the units be owner-occupied and that the other unit be occupied by members of the immediate family. 4) That the second unit have a maximum of 800 square feet of floor area. 5) That approval be by way of Adjustment or similar Staff approval. 6) That the utilities for the second unit be metered through the main house. 7) Second units to conform with existing setback requirements. 8) Guest houses without kitchen facilities to still be allowed. 9) No minimum lot size to be required. 10) Parking to be reviewed by Staff. BACKGROUND 1. Existing Zoning Regulations: None of the affected residential and agricultural zones (RS, RSF, LSF and A) would allow for second residential units to be established on the same lot as an exist- ing residence, except for the A Zone which allows "Primary Family" Housing" and "Farm Support Quarters" as allowable uses subject to certain standards set forth in Section 9-6 .109 (Residential Uses in the Agricultural Zone) . It should be noted that a guest house (which cannot have separate kitchen facilities or be used as a rental) is an allowable Residential Accessory Use in the RS, RSF, LSF and A Zones subject to standards set forth in Section 9-6. 106 (b) . 2. General Plan: The Housing Element contains one policy statement regarding affordable housing within the City. As stated on Page 139 : "It is desirable to encourage residential projects to provide housing units affordable to persons with low and moderate incomes by offering developers either a density bonus or other bonus incentives. The type of bonus shall depend on the individual project, its location and site characteris- tics. A bonus shall only be offered where adequate guaran- tees are made to assure the desired results. " 2 • Zoning Ordinance Text Amendment 1-83 The General Plan also notes four goals for housing within the com- munity, including adequate housing for all residents, freedom of selection of type of housing, a range of selection in the price and type of housing, and, to have the Housing Element act as a guide for Government pensions that may affect the quality and in- ventory of the housing stock within the community. Of these goals the General Plan notes that all goals are generally being met with the exception of the provision of adequate housing for the lower income persons. 3. Environmental Determination: The Planning Director has determined that this project is a Categorical Exemption according to the pro- visions of the California Environmental Quality Act (CEQA) . 4. State Regulations: Over the past few years, the State Legislature has taken a keen interest to housing problems. To this end, sev- eral new laws have been enacted to try to lower the cost of hous- ing in the State. Most of these laws provided more direction to local communities. These new laws have included the allowing of density bonuses for providing for low cost housing in subdivisions and multifamily residential developments, and allowing for mobile- homes on permanent foundations to be treated as standard single family residences. The two newest bills again give more direction to local communities. Both bills give cities authority they al- ready have, i.e. to allow second residential units in single fam- ily zones. S.B. 1160 (granny housing) allows the City to provide second res- idential units on single family lots for one or two persons over 60 years of age. The Bill outlines that communities may allow these units with the approval of a Conditional Use Permit, Vari- ance or special permit. The Bill allows that the unit may be limited to 640 square feet, and may apply development standards to the establishment of the granny unit. " S.B. 1543 (second residential unit) permits the City to allow second units within any single family residential zone. The law requires the City to review the need for additional units by July 1, 1983 or within 120 days of receiving a use permit appli- cation after that date. The law contains various standards which may be used if the City does not adopt its own regulations. If the City decides not to provide for the second units, the City must make specific findings as to its action limiting the housing op- portunities within the region and as to the adverse impacts on the public health, safety, and welfare that would result if second units are approved. Copies of these Government Code provisions are attached. STAFF COMMENTS AND ANALYSIS Data obtained from the Housing Authority notes that the average County rent is $330.00 a month for a one bedroom home. It was also indicated 3 0 0 Zoning Ordinance Text Amendment 1-83 that an approximate 1% -vacancy rate exists in Atascadero. 1980 census information points out that, at that time, the median rent was $258 and that approximately 800 units were in that category or below. Since the census, the City has approved several large projects that are directed towards low-moderate income persons and seniors. Census data shows that a total of 1119 households are 65 years or older (18%) and of these, 231 are renters. Of the targeted income group, 819 households existed within the City in 1980 , 13% of the total households. The concept of providing affordable housing undoubtedly is an admir- able goal of any community and is so stated in the General Plan. But like most goals, questions arise as to how to achieve these goals. The proposal to add companion or granny housing seems, on the surface, to be one way to provide additional housing. There is little question that at least some affordable housing will be made available to the targeted group by allowing second units in some form. However, the enacting of such an ordinance will not necessarily satisfy the needs of the senior citizens or the low-moderate income families. It seems that the approach taken by the State to solve the "housing crisis" is to blame local government land use policies. This local control is the most cherished benefit of cities. It seems highly illogical to solve social problems through zoning, especially when much of the responsibility for the problem cannot be reasonably placed on zoning. The major question that is raised concerning this proposal is that of the concept of a single family residential zone. The proposed State law changes the traditional concept of a single family unit on a sep- arate lot to one of two residences on a lot. While this may be ac- ceptable for certain limited purposes such as in-law units or senior units, it seems particularly unpalatable when opened to all uses as is contemplated by SB 1543. The potential "doubling" of the density of development raises several questions particular to Atascadero,_ especially in light of goals to keep a rural atmosphere and holding to a low density type of development. The City at present has a sub- stantial amount of land still available for residential development that will undoubtedly be able to meed some of the housing needs of seniors and low-moderate income families for the future, while still maintaining the lifestyle and community identify associated with Atascadero. To assist in the review of the many separate issues, the Staff has broken the remainder of the report into separate sections so that individual issues can be easily identified for discussion and decision. Limiting Second Units to Occupants by Age: It is not doubted that a need for senior housing exists within the community and some action to modify the zoning ordinance could lead to lower cost housing for some seniors or allow them to retain their homes. 4 • 0 Zoning Ordinance Text Amendment 1-83 A recommendation- to limit the use of second units to a specific age limit could also raise not only enforcement problems but legal ques- tions. It seems discriminatory to limit the units to residents over 60 years of age while excluding other groups solely due to their age. The question of enforcement could also lead to some difficult circum- stances where the City would be asking for proof of age. Generally, seniors represent a popular and vocal group which very few object to accommodating. As noted previously, limitations on the occupant by number, age, etc. are the most difficult to enforce. Companion Units: Allowing companion units would undoubtedly add to the number of units available for rental to residents of the community. If the units are simply allowed without any age restrictions, the problem of enforce- ment and regulation of use to a specific age group would be elimin- ated. There is, however, little guarantee that having more units available will improve the housing circumstances of the groups which are suffering most from lack of housing because there is little as- surance that rents, financing, construction costs, etc. will be such that companion units will be affordable. Use of Temporary Structures: The restricting of second units to temporary structures could correct several problems noted for the permanent units. A time limit on the 0 existence of a unit on the site would definitely limit the possible occupants to those willing to abide a short-term use of a unit and those needing housing assistance on a short-term basis (i.e. in-laws) . The cost of the unit would be lower than the standard stick-built house and the time needed to prepare the unit for occupancy would also be reduced. Problems with a temporary unit would center around the visual effects of a trailer and/or the demolition or conversion of an existing stick- built house. The problem could arise that guest houses would simply be changed back and forth from guest houses to a rental unit. Visual problems caused by the use of a trailer could be mitigated through development standards to overcome neighor complaints. Provision could also be made to assure that sites are returned to a state comparable to those before the unit was established with bonds or similar per- formance guarantees. Enforcement could be an added burden requiring periodic site checks and contacts to assure that a temporary unit was removed or not reconverted. If temporary units are deemed appropriate, they could have renewal clauses, but clearly some periodic Staff review would be needed. Tem- porary units are not likely to solve any of the perceived housing problems through increased housing supply, but rather will likely solve only short-term, familial housing needs of the resident and his family. 5 • • Zoning Ordinance Text Amendment 1-83 Use. of Permanent Structures; The use of permanent structures as granny flats or companion units would establish the use permanently on the site since stick-built units are not likely to be required to be removed - even if occupied in an illegal manner. The basic question here is whether or not the units should be permanent units to remain on the site for the present and future owners' use. A permanent structure would potentially fit better visually into the community than a temporary one. However, density controls established in the General Plan could be adversely affected if such units are established on any widespread basis. Limitation by Zone Districts: The directing sections of the State law point out that Cities may al- low second units on single family zoned property. Each zone has its own set of potential problems and solutions to allowing second units. A (Agricultural) - The A Zone is presently limited to agricultural preserve areas consisting of three areas of larger than normal lot size. RS (Residential Suburban) - The RS Zone is the major zoning dis- trict within the residential areas of the community with characteristic lot sizes varying from 2 1/2 acres and up. The existing zoning allows for no real separate single family residential use except with a guest house. Lot sizes in this zoning district could support the ad- dition of units but when considering that the entire area is not served by sewer, a septic problem could occur. Even with systems designed in conformance with the UBC and City codes, there is no assurance that sep- tic tank or leach field problem on an accumulative basis' might have an impact. RSF (Residential Single Family) - The RSF zoned areas of the com- munity can be characterized as being closer in to the center of the community with a large part of the area zoned RSF being served by sewer at the present time. Lot sizes are generally in the area of 1 to 2 1/2 acres in size, though small lots also abound. Lot sizes in the upper ranges would tend not to be a problem with regard to proximity to neighbors. LSF (Limited Single Family) - The LSF Zone is essentially the same as the RSF, however, the areas tend to be closer to the center of the community and have a greater number of smaller lots. The areas tend to be sewered. A problem of close proximity of additional units to neighbors and the smaller lots without sewer could be a problem. Process for Approval: 6 • 0 Zoning Ordinance Text Amendment 1-83 The. new zoning ordinance provides five ways to approve any one project - under the zoning ordinance, Conditional use Permit, Variance, Precise Plan, Adjustment and Plot Plan. Conditional Use Permit/Variance - The use of these approval pro- cesses would be the most thorough with the public hearings and notification of adjoining properties within 300 feet. The usual time processing would be the longest of the approvals and fees are the highest. If one of these processes is used, it would be preferable to use the CUP process to approve a project as opposed to a Variance. A CUP is a discretionary review meaning that de- nials are at least possible. Precise Plan - Presently, this is reserved for projects that would require an environmental determination. The laws providing for this type of use list the addition of a second unit as being Cate- gorically Exempt from Environmental Review. If this procedure is adopted for approval, a revision will have to be made to require a Precise Plan for second units. Standard could be set within the ordinance. Adjustment - An adjustment procedure would require a review by Staff and approval if certain standards are met and specified findings can be made. Plot Plan - A Plot Plan would be processed as a simple building permit. All conditions would have to be applied as a part of the building permit and. will have - to -be specifically written out. Lot Size/Setbacks: One of the major problems foreseen by adding any type of second resi- dential unit will be the visual aspects of the unit. Second units,` of course, will make any lot look more dense. Limitation of the use to larger lots could reduce this impact to some extent. Smaller lots could be used but greater care and sensitivity to development stand- ards will be needed. The use of additional setbacks could decrease the impacts somewhat as could design standards for the units. Presently, if second units would abide with the existing zoning setback requirements of a 25 '-0" front setback, a 5 ' -0" side setback, a 10 '-0" rear setback, and a 10 '-0" setback from another structure, additional setbacks could be imposed with regard to additional setbacks or to maximum distance from an existing house on the site. 7 • 0 Zoning Ordinance Text Amendment 1-83 Utilities: One method to assure that units are smaller in size physically would, be to require that utilities be metered together. This would require a main house and a second companion unit tied to the main house. Utilities such as gas, electricity and water would be billed to the main house. This would tend to increase the total utility bill. If larger units are built, the bill will also grow. The inconvenience or splitting a utility bill would undoubtedly re- quire a closer coordination between tenant and lardlord. Such a standard can be effective in assuring an accessory relationship be- tween the main residence and the second unit. Access: No restriction now exists in the zoning ordinance to limit access to a site. A condition to require that access to a second unit be the same or substantially the same could again, out of convenience, require the developer to consider a smaller unit with a limited household size. It has also been noted that emergency vehicle access to the second unit may be critical especially if it is limited by occupancy to seniors. Parking: One aspect of a second unit that becomes apparent, and that is most commonly complained about, is parking. Second units invariably create additional cars and parking requirements, although seniors may be an exception to this rule. Under the existing zoning ordinance, a second unit would require the addition of two parking stalls to the required two for a single family residence. It would seem apparent that the present zoning standards are adequate for additional housing on a' site. If appropriate, a revision to a lesser standard would require a revision to the parking standards specifically targeted for second units. This should not be done unless the units are limited to spe- cific groups with demonstrated needs for less parking. Unit Size: Unit size restrictions are proposed under the State legislation to hopefully reduce the impacts of second unit development. A restric- tion in unit size would hopefully limit the number of occupants and reduce the visual impact of the second unit. Alternatives in this area would be difficult to really justify in that minimal living areas are just that, minimal. The Uniform Building Code would allow units as small as 250 square feet and the State law would suggest 640 square foot units. A reasonable square footage lim- itation may be a percentage of the size of the main residence. 8 Zoning Ordinance Text Amendment 1-03 Occupancy by Owner of One of the Units: An option would be to require that the owner live on the site in the main house or i the second unit. This proposal could assure that a unit will be kept up and that an owner occupant would have more con- trol over the actions of a tenant. A question of enforcement could be raised in that we do not require an owner to occupy a unit in other circumstances, but this appears to be a forced approach among cities allowing second units. Enforcement problems could result especially with a change of ownership. Deed restrictions could be used to mini- mize this problem. Occupancy by Economic Status: An ordinance could include a requirement that performance and manage- ment agreements be entered into, similar to the existing density bonus section of the zoning ordinance to assure that the unit be used by targeted income families. As to the form and content of such agree- ments, some further research would be required. In checking with the housing authority, provision could be made but no assurance can be made at any one time that a qualified family would be available for the unit or that the landlord would accept the tenant. REVIEW OF ALTERNATIVES Alternative #1 1) Add "secondary residential unit" as an Allowable Use in the RS Zone (Section 9-3.142 (r) ) , the RSP Zone (Section 9-3.152 (0) ) , and the LSF Zone (Section 9-3.162 (1) ) . 2) Add the following Land Use Description in proper alphabetical se-' quence to Section 9-3.701: Secondary Residential Unit: A separate residential unit, for which no rental payment, income or other form of remuneration is received, containing sleeping quarters, kitchen and bathroom facilities, estab- lished on a lot already containing a single family dwelling. 3) Delete Subsection (b) of Section 9-6.106 entitled "Guesthouses" and reletter remaining Subsections and delete the definition of "Guesthouse" from Section 9-9.102. 4) Add the following standards for secondary residential units: Section 9-6.144. Secondary Residential Units. A dwelling unit in the RS, RSF and LSF Zones allowed as a secon- dary use to an existing single family dwelling on the same site shall be subject to the standards of this Section. 9 i Zoning Ordinance Text Amendment 1-83 a) Status of Residents. The occupants of either the secondary 0 residential unit or the single family dwellings shall be the owner of the property. b) Floor Area Limitation. Secondary residential units - shall be limited to a floor area not greater than 50% of the floor area of the single family dwelling on the site, with a max- imum floor area of 800 square feet. Garages, unenclosed porches, unenclosed patios and similar structures shall not be calculated as floor area. c) Type of Construction. Secondary residential units shall be site-built housing or factory-built housing placed on ap- proved permanent foundations meeting the requirements set forth in Section 9-6.142. d) Parking Requirements. Two parking spaces located outside of the required front yard shall be provided for the secon- dary residential unit. e) Utilities. All utilities including but not limited to gas, electric, sewer and water shall be connected with the single family dwelling with no separate meters being provided. If a private sewage disposal system is allowed, the secondary residential unit shall be connected to the same system, which may be expanded, as the single family dwelling. f) Supplementary Statement." The application shall include a written statement from the property owner indicating that the owner is aware of and intends to comply with the standards governing secondary residential units. The property owner shall submit to the Planning Department an annual . written statement in January of each year to verify continuing com- pliance. Prior to occupancy of the secondary residential` unit, a covenant detailing the limitations on the unit shall be recorded with the County Recorder ' s Office. Alternative #2 1) Same as #1 of Alternative #1 2) Add the following Land Use Description in proper alphabetical se- quence to -Section 9-3.701: Secondary Residential Unit: A separate residential unit, for which no rental payment, income or other form of remuneration is received, containing sleeping quarters, kitchen and bathroom facilities, established for a lim- ited duration on a lot already containing a single family dwelling. 10 Zoning Ordinance Text Amendment- 1-83 3) Add the following standards for secondary residential units: Section 9-6.144. Secondary Residential Units. A temporary dwelling unit in the RS, RSF, and LFS Zones allowed as a seondary use to an existing single family dwelling on the same site shall be subject to the standards of this Section. a) Status of Residents. The occupants of either the secondary residential unit or the single family dwelling shall be the owner of the property. The remaining dwelling is allowed for use by the immediate family of the property owner. The ap- plication shall include identification of the immediate fam- ily members which are to occupy the dwelling, which may in- clude only grandparents, parents, children, grandchildren, sisters and brothers of the property owner or spouse of the property owner. b) Type of Construction. Secondary residential units shall be factory-built housing placed on approved permanent founda- tions meeting the requirements set forth in Section 9-6.142 or may be site-built housing designed to be easily relocated from the site or to be converted to a conforming residential accessory use. C) Parking Requirements. No improved parking is required pro- vided sufficient usable area is available to accommodate all resident vehicles on site and outside of the required front yard. 0 d) Utilities. All utilities including but not limited to gas, electric, sewer and water shall be connected with the single family dwelling with no separate meters being provided. If a private sewage disposal system is allowed, the secondary res- idential unit shall be connected to the same system as the' single family dwelling. e) Special Standards. 1) An approval for a secondary residential unit shall be granted for a period of two years. The Planning Depart- ment shall extend the approval for additional periods of two years where the applicant demonstrates continuing compliance with standards governing secondary residen- tial units. 2) A secondary residential unit shall be removed from the site (if not site-built housing) or converted to a conforming residential accessory use (if not a factory built dwelling) at such time as it is no longer occupied as specified in this Section. 3) Approval of a secondary residential unit is not trans- ferable to another owner if the property is sold. 11 • Zoning Ordinance Text Amendment 1-53 f) Supplementary Statement. Tile application shall include a written statement from the property owner indicating that the owner is aware of and intends to comply with standards gov- erning secondary residential units. The property owner shall submit a request to the Planning Department every two years to renew the approval. Alternative #3 1) Modify the Land Use Description (Section 9-3.701) for "Residential Accessory Uses" by adding the following sentence: " . . . . . . Includes secondary residential unit. " 2) Add the following definition in proper alphabetical sequence to Section 9-9.102 : Secondary Residential Unit. A separate residential unit, from which no rental payment, income or other form of remuneration is received, containing sleeping quarters, kitchen and bathroom fac- ilities, established on a lot as an accessory use to an existing single family dwelling. 3) Replace Subsection (b) of Section 9-6.106 with the standards set forth in #4 of Alternative #1. Alternative #4 1) Same as #1 of Altertnative #3 2) Add the following definition in proper alphabetical sequence to Section 9-9.102: ` Secondary Residential Unit. A separate residential unit, for which no rental payment, income or other form of remuneration is received, containing sleeping quarters, kitchen and bathroom fac- ilities, established for a limited duration as an accessory use to an existing single family dwelling. 3) Add subsection (d) to Section 9-6.106 with the standards set forth in #3 of Alternative #2. Alternative #5 1) Add "secondary residential unit" as a Conditional use in the RS Zone (Section 9-3.143 (u) ) , RSF Zone (Section 9-3.153 (1) ) and the LSF Zone (Section 9-3. 163 (k) ) . 2) Same as #2 of Alternative 41 3) Same as #3 of Alternative #1 12 Zoning Ordinance Text Amendment 1-83 4) Same as #4 of Alternative #I FINDINGS 1. Amendment of the Atacadero Municipal Code to allow for temporary secondary residential units in single family residential zones is intended to facilitate increased demand for additional short-term shelter needs of family members. 2. Secondary residential units, as proposed, will allow for short- term shelter meeting the needs of family members. 3. Proposed development standards are necessary and appropriate to assure that temporary secondary residential units will not ad- versely affect the existing single family residential neighbor- hoods in which they will be located. 4. Approval of this project is consistent with Section 65852. 2 (a) of the Government Code. 5. This project is exempt from the provisions of the California En- vironmental Quality Act. RECOMMENDATION The Planning Department recommends that second residential units not be allowed. If the Planning Commission decides to allow second residential units,,. Staff would suggest the following: 1) That units not be limited to persons over 60 or immediate family members or persons within a specified targed income group. 2) That units be temporary (either mobilehome or modular) with maxi- mum at three years with one year renewals. 3) That second units be allowed in the RS and RSF zones only. 4) That units be approved by adjustment procedure. 5) That no special lot size be established for second units. 6) That no special setbacks be established. 7) That utilities be together for gas, water, sewer (or septic) or electricity. 13 0 Zoning Ordinance Text Amendment 1-83 8) That no restrictions be placed on access. 9 That no new parking requirements be set for second units. ) P 9 q 10) That size be limited to no greater than 50% of the floor area of the main residence but not to exceed 800 square feet. 11) That the property owner be required to reside in one of the units and that upon sale a new approval is required. 12) That guesthouse be eliminated as "Residential Accessory Use" The Planning Department ranks the five Alternatives provided as follows: 3, 1, 4, 2, 5 Based upon the Findings, the Planning Commission recommends approval of Zoning Ordinance Text Amendment 1-83 as follows: 1) Modify the Land Use Description (Section 9-3.701) for "Residen- tial Accessory Uses" by adding the following sentence: " . . . . includes temporary secondary residential units. " 2) Add the following definition, in `proper `alphabetical sequence, to Section 9-9.102: Secondary Residential Units. A separate residential unit, con- taining sleeping quarters, kitchen and bathroom facilities, estab- lished for a limited duration on a lot already containing a single- family residence. 3) Add the following standards for secondary residential units as a Subsection to Section 9-6 .106 (Residential Accessory Uses) : (e) Secondary Residential Units. A temporary dwelling unit in the RS, RSF and LSF Zones allowed as a secondary use to an existing single family dwelling on the same site shall be subject to the standards of this Section. (1) Status of Residents. The occupants of either the secondary residential unit or the single family dwelling shall be the owner of the property. The remaining dwelling is allowed for use by the immediate family of the property owner. The application shall include iden- tification of the immediate family members which are to occupy the dwelling, which may include only grandpar- ents, parents, children, grandchildren, sisters and brothers of the property owner or spouse of the property owner. 14 • Zoning Ordinance Text Amendment 1--.83 (2) Type of Construction. Secondary residential units shall be a mobilehome placed on approved foundations meeting the requirements set forth in Title 25 of the California Administrative Code. Mobilehomes shall not include tent trailers, recreational vehicles or similar vehicles. (3) Parking Requirements. No improved parking is required provided sufficient useable area is available to accom- modate all resident vehicles on site and outside of the required front yard. (4) Utilities. All utilities including but not limited to gas, electric, sewer and water shall be connected with the single family dwelling with no separate meters being provided. If a private sewage disposal system is al- lowed, the secondary residential unit shall be connected to the same system as the single family dwelling. (5) Special Standards. (i) An approval for -a secondary residential unit shall be granted for a period of three years. The Plan- ning Department shall extend the approval for ad- ditional periods of three years where the applicant demonstrates continuing compliance with standards governing secondary residential units. (ii) A secondary residential unit shall be removed from the site at such time as it is no longer occupied as specified in this Section. (iii) Each mobilehome is to be equipped with skirting or be provided with a support pad which is recessed to� give the appearance of a mobilehome located on grade. (iv) Approval of a secondary residential unit is not transferable to another owner if the property is sold. (v) The usable floor area of the mobilehome shall not exceed 800 square feet. (6) Supplementary Statement. The application shall in- clude a written statement from the property owner indi- cating that the owner is aware of and intends to comply with standards governing secondary residential units. The property owner shall submit a request to the Plan- ning Department every three years to renew the approval. 15 Zoning Ordinance Text Amendment 1-83 ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: 0EL MOSES ssociate Planner REPORT APPROVED BY: /kA4 LAWRENCE STEVENS Planning Director Ps M 16 0 tems other than for the preservation or protection of the public health or safety. This prohibition shall be applicable to charter cities since the promotion of the use of nonfossil fuel sources of energy, such as solar energy and energy conservation measures, is a matter of statewide concern. This section shall not apply to ordinances which impose reasonable restrictions on solar energy systems. However, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. Accordingly, reasonable restrictions on a solar energy system are those restrictions which do not significantly increase the cost of the system or significantly decrease its effi- ciency, or which allow for an alternative system of com- parable cost and efficiency. For the purposes of this section, "solar energy system" shall have the same meaning as set forth in Section 801.5 of the Civil Code. (Added by Stats. 1978, Ch. 1154.) 65851. For such purposes the legislative body may divide Establishment of a county, a city, or portions thereof, into zones of the zoning districts number, shape and area it deems best suited to carry out the purpose of this chapter. (Added by Stats. 1965, Ch. 1880.) 65852. All such regulations shall be uniform for each Uniformity class or kind of building or use of land throughout each Czone, but the regulation in one type of zone may differ from those in other types of zones. (Repealed and added by Stats. 1965, Ch. •1880.) 65852.1. Notwithstanding Section 65906, any city, includ- "Granny" housing ing a charter city, county, or city and county may issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or attached to, a primary residence on a parcel zoned for a single-family residence, if the dwelling unit is intended for the sole occupancy of one adult or two adult persons who are 60 years of age or over, and the area of floor space of the dwelling unit does not exceed 640 square feet. This section shall not be construed to limit the require- ments of Section 65852.2, or the power of local governments to permit second units. (Amended by Stats. 1982, Ch. 1440.) Note: Stats. 1982, Ch. 1440, also contains the following: Sec. 1 (a) The Legislature finds and declares that there Uncodified findings is an tremendous unmet need for new housing to shelter California's population. The unmet housing needs will be further aggravated by the severe cutbacks in federal housing programs. (b) The Legislature finds and declares that California's existing housing resources are vastly underutilized due in large part to the changes in social patterns. The improved utilization of this state's existing housing resources offers 83 an innovative and cost-effective solution to California's housing crisis. (c) The Legislature finds and declares that the state has a role in increasing the utilization of California's housing resources and in reducing the barriers to the provision of affordable housing. (d) The Legislature finds and declares that there are many benefits associated with the creation of second-family resi- dential units on existing single-family lots, which include: (1) Providing a cost-effective means of serving develop- ment through the use of existing infrastructures, as con- trasted to requiring the construction of new costly infra- structures to serve development in undeveloped areas. (2) Providing relatively affordable housing for low- and moderate-income households without public subsidy. (3) Providing a means for purchasers of new or existing homes, or both, to meet payments on high interest loans. (4) Providing security for homeowners who fear both crim- inal intrusion and personal accidents while alone. Provisions for second 65852.2. (a) Any city, including a chartered city, county, unit ordinances or city and county, may by ordinance provide for the creation of second units in single-family and multifamily residential zones consistent with the following provisions: (1) Areas may be designated in the jurisdiction where second units are permitted. (2) The designation of areas may be based on criteria, which may include, but are not limited to, the adequacy f of water and sewer services and the impact of second units on traffic.flow. (3) Standards may be imposed on second units which include, but are not limited to, parking, height, setback, lot coverage, architectural review, and maximum size of the unit. (4) A city including a chartered city, county or city and county may, in its discretion, find that second units provided r for do not exceed _the allowable "density for the lot upon which it is located, _and find that_ .second units are a residential use which is consistent with the existing general plan and zoning designation for the lot. (5) The second units created shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (6) A city, including a chartered city, county, or city and county may establish a process for the issuance of a condi- tional use permit for second units. Applicability of subdivision (b) When a city, including a chartered city, county, or city and county, which has not adopted an ordinance govern- ing second units in accordance with subdivision (a) or (c), receives its first application on or after duly 1, 1983, for a conditional use permit pursuant to this subdivision, the jurisdiction shall accept the application and approve or disapprove it pursuant to this subdivision unless it adopts an ordinance in accordance with subdivision (a) or (c) within 84 120 days after receiving the application. Notwithstanding the provisions of Section 65901, each city, including a charter city, county, or city and county shall grant a special use or a conditional use permit for the creation of a second residential unit if it complies with the following: (1) The unit is not intended for sale and may be rented. (2) The lot is zoned for single-family or multifamily use. (3) The lot contains an existing single-family detached unit. (4) The second unit is attached to the existing residence and is located within the living area of the existing dwelling. (5) Whenever an increase in floor area is involved, it shall not exceed 10 percent of the existing living area. (6) Any construction shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located. (7) Local building code requirements which apply to addi- tions to existing single-family dwellings, as appropriate. (8) Approval by the local health officer where a private sewage disposal system is being used, if required. As used in this subdivision, "living area" means the interior inhabitable area of a dwelling unit including basements and attics and shall not include a garage or any accessory structure. No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. This subdivision establishes the maximum `standards that cities, including charter cities, counties, and cities and counties shall use to evaluate proposed second residential units on lots zoned for residential use which contain an existing single-family detached unit. No additional stan- dards, other than those provided in this section, shall be utilized or imposed, unless there is .a.requirement that an applicant for a permit issued pursuant to this subdivision shall be an owner-occupant. This section shall not be construed to limit the authority of cities, counties, and cities and counties which adopt less restrictive requirements for the creation of second resi- dential units. No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to imple- ment the provisions of this subdivision. Any city, county, or city and county may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of second residential units if these provisions are consistent with the limitations of this subdivision. A second residential unit which conforms to the require- ments of this subdivision shall not be considered to exceed the allowable density for the lot upon which it is located, 7-79134 85 and shall be deemed to be a residential use which is consistent with the existing general plan and zoning desig- nations for the lot. The second units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. Necessary findings for (c) No city, including a charter city, county, or city and ordinance prohibiting county shall adopt an ordinance which totally precludes second units second units within single-family and multifamily zoned areas unless the ordinance contains findings acknowledging that such action may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units within single-family and multifamily zoned areas justify adopting such an ordinance. Definition (d) As used in the section, a "second unit" is either a detached or attached dwelling unit which provides complete, independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eat- ing, cooking, and sanitation on the same parcel or parcels as the primary unit is situated. Timing (e) This section shall become operative on July 1, 1983. Evaluation of local (f) Jurisdictions which adopt ordinances pursuant to sub- implementation division (a) or (c) shall submit a copy of such ordinances to the Department of Housing and Community Development within 60 days. The department shall submit a report to the Legislature, which shall transmit the report to the appropriate committees of the Legislature by January 1, 1984. The report shall evaluate the implementation of this section by local governments and suggest any appropriate legislative changes. (Added by Stats. 1982, Ch. 1440.) Local mobilehome 65852.3. A city, including a charter city, county, or city zoning and county shall not prohibit the installation of mobilehomes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.) on a foundation system, pursuant to Section 18551 of the Health and Safety Code, on lots zoned for single-family dwellings. However, a city, including a charter city, county, or city and county may designate lots zoned for single-family dwellings for mobilehomes as described in this section, which Jots are determined to be compatible for such mobilehome use. A city, including a charter city, county, or city and county may subject any such mobilehome and the lot on which it is placed to any or all of the same development standards to which a conventional single-family residential dwelling on the same lot would be subject, including, but not limited to, building setback standards, side and rear yard requirements, standards for enclosures, access, and vehicle parking and architectural, aesthetic requirements, and minimum square footage requirements. However, any architectural requirements imposed on the mobilehome structure itself, exclusive of any requirement for any and all additional enclosures, shall be limited to its roof over 86 MINUTES - ATASCADERO PLANNING COMMISSION Regular Meeting Monday, August 15, 1983 7:30 p.m. Atascadero Administration Building e regular meeting of the Atascadero Planning Commission was called to order at 7 :30 p.m. by Vice Chairman Moore. The Ple ge of Al leg was led by Commissioner Sherer. ROLL CALL - - .- PRESENT: Commission s LaPrade, Sherer , Summers, ntzel and Vice Chairman Moo e ABSENT: Commissioner Car o11 and Chairman Li ey STAFF PRESENT: Fred Buss and el Moses PUBLIC COMMENT There was no public comment at th'- time. Chairman Lilley is now presen - 7 :37 p.m. A. CONSENT CALENDAR 1. Minutes of egular meeting of July 5, 1983 2. Minutes of regular meeting of July 18, 1983 3. Acc tance of Lot Line Adjustment LA 830113 :1 at 9610 Ata a- d 10 -ddo Avenue - Barrett (Contract Survey and Design) MOTION: Commissioner Summers moved to accept the Consent Calen- dar as presented. Commissioner Wentzel seconded the motion and it carried unanimously. 7B. PUBLIC HEARING 1. Public hearing on Text Amendment 1-83 concerning a proposed % revision to Zoning Regulations (Title 9) to allow granny flats, companion units, and second unit residences in resi- dential and agricultural zones Initiated by Planning Commission • • Minutes - Regular Meeting - Planning Commission- 8/15/83 Associate Planner, Joel Moses, presented the Staff Report briefly reviewing staff comments and analysis in considering second resi- dential units. Commissioner Summers inquired as to why the LSF Zone was not rec- ommended as a permitted zone for second units. Robert Sloane, Bella Vista resident, spoke in support of allowing second residential units stating that he would like to have his father who is quite ill be able to live near him but at the same time, still maintain his dignity and privacy. Bob Peck, Ardilla Road resident, noted he would favor allowing second units. Ruth McDaniel, Viejo Camino resident, stated she lives in a mobile home park and felt that a feasible alternative would be to have senior citizen mobile home parks. Glen Lewis, area resident, felt there should not be any age re- strictions and that handicapped persons should be included as a primary exception. Mr. Lewis further commented that second units should not be limited to mobile homes or modular units and felt that separate meters should be allowed. Dennis Dakos, area resident, stated that problems associated with the matter could be resolved so that those in the community need- ing this type of housing could -benefit.- Jerry Suburt, Carmelita resident, spoke in favor of allowing the second units and felt that a three year time limit would be appropriate. Dee Sloane, Bella Vista resident, also noted her concurrence in allowing second units. - - Dale Ziegler, Ardilla resident, felt that the problems raised in the report could be resolved. Gus Borges, San Jacinto resident, felt that provision should be made to allow second units for younger people who are just start- ing out with new families and/or careers. Dorothy Webster, San Marcos resident, also noted her concurrence in allowing second units for older relatives, but felt that the unit should conform aesthetically to the primary residence. Hank Hohenstein, area resident, briefly commented on the zoning issues related to this matter and felt an ordinance should be adopted with a minimum number of restrictions. There was considerable discussion among the Commission on the var- ious issues raised in the Staff Report. The Commission also dis- cussed the matrix chart concerning some of the restrictions pro- posed. 2 Minutes -- Regular Sting - Plannin Commission 8/15/83 g Points covered in discussion included: temporary units versus a permanent unit; types of age restrictions; if any, parking and access; separate or combined meters; what zones would be appro- 40 priate for second units; lot sizes; and what types of approval processes should be involved. - L rman Lilley called a recess from 9 :20 p.m. to 9 :31 p.m. reconvening, further discussion ensued concerning whether orthe units should be temporary or permanent.ON: Commissioner Moore moved to continue the public hearing on Text Amendment 1-83 to the meeting of September 6 , 1983 and - to direct Staff to prepare a draft ordinance with alternatives to allow second units reflecting cri- teria previously discussed. Commissioner Moore seconded the motion and it carried unanimously. C. NEW BUSINESS Consideration of Staff Report on request for offs '�te signs for a church - United Methodist Church Fred ss noted that a letter has been received b the Planning Departure requesting that the item be continued to the next reg- ular meeti as the representative was out of t n. MOTION: Commis 'oner Wentzel moved to Conti . a the matter to the Mee ' ng of September 6, 1983,,: Commissioner Summers seconded t motion and it carried unanimously. D. INDIVIDUAL DETERMINATIONS A OR ACTT N a 1. Planning Commission There was nothing to report at his ' me. 2. Planning Director There was nothing to repo t at this time. Meeting adjourned at 91-.40 p.m. MINUTES RECORDED BY: / FRED BUSS Associate Planner MINUTES APPROVED BY: LAWRENCE STEVENS Planning Director 3 • MINUTES - ATASCADERO PLANNING COMMISSION Regular Meeting Tuesday, September 6, 1983 7:30 p.m. Atascadero Administration Building e regular meeting of the Atascadero Planning Commiss 'on was called to order at 7 :37 p.m. by Chairman Lilley. The Pledge of Alle- giance wa led by Commissioner Summers. ROLL CALL PRESENT: Commissioners oore, LaPrade Sherer, Su ers and Chairman Lilley ABSENT: Commissioners Wentze and Carroll STAFF PRESENT: Larry Stevens, Joel ose , Greg Fuz, and Patricia Shepphard A. CONSENT CALENDAR i1. Minutes of regular me ti-ng- of- August 15 , 19 2. Acceptance of Fin Tract Map AT 830307: 1 at 735 El Camino Real - Dunn (Assdciated Professions) MOTION: Commissioner Summers moved to accept the Consent Ca - dar asresented. Commissioner LaPrade seconded e moti0ny and it carried unanimously. B. PUBLIC HEARINGS 1. Continued public hearing on Text Amendment 1-83 concerning a proposed revision to Zoning Regulations (Title 9) to allow granny flats, companion units, and second unit residences in residential and agricultural zones — Initiated by Planning Commission Chairman Lilley briefly explained the actions taken by the Commis- sion at the previous meeting. Larry Stevens presented the Staff Report and reviewed five pro- posed alternatives of allowing second residential units. MINUTES - REGULAR MOTING —PLANNING COMMISSION 9/6/83 There was discussion among the Commission on the proposed alter- natives primarily concerning floor area limitations and common utilities. Commissioner Sherer asked what differences there are between sec- ond units and guest houses. Eric Michiellsen, area resident, noted that he had obtained sev- eral ordinances from various cities and counties relating to second units and talked about the feasibility of enforcing some of the limitations placed on second units. Glen Lewis, area resident, felt that the number of restrictions should be kept to a minimum mainly because of -the enforceability problem and noted he would encourage both temporary and permanent types of housing. Doug Lewis, area resident, asked if an owner-occupied unit could be an absentee land owner and inquired about some of the proposed restrictions. Gus Borges, Alturas resident, felt that septic tank restrictions should be less as they apply to second units. Levi Barrett, Traffic Way resident, stated he was in favor of a 1,000 square foot size for second units. Dorothy Webster, San Marcos Road., r-esident, .stated she. was in favor of allowing second units. Commissioner Summers felt that low-cost housing is a definite need in the community and felt that temporary housing would be a better alternative than permanent housing. Commissioner Sherer stated that he did not feel any of the alternatives were appropriate be-- cause e-cause of the enforceability. of the restrictions. Commissioner LaPrade suggested that perhaps a trial basis utilizing a temporary type of housing such as a mobile home (not on a permanent founda- tion) with a permit process and a renewal cycle would be appropri- ate. Commissioner Moore concurred with Commissioner LaPrade' s comments but felt that this type of housing should be available to older persons, not just relatives. MOTION: Commissioner Moore moved 1) That units be limited to a relative; 2) that the units be temporary with no foundation; 3) that an application process with a fee be applied; 4) that the RS and RSF Zones be designated as zones allowing second units; 5) that units be approved by an adjustment procedure; 6) that setbacks be adequate; 7) that utilities be metered 8) that no restrictions be placed on access or parking; 9) that the square footage be no more than 800 square feet. Commissioner LaPrade seconded the motion and it carried with Commissioner Sherer and Chairman Lilley dissenting. 2 MINUTES - ATASCADERO PLANNING COMMISSION Regular Meeting nday, September 19, 1983 At cadero Administration Building The reg ar meeting of the Atascadero Planning- ommission was called to or r at 7 :35 p.m. by Chairman Lilley. T Pledge of Alle- giance was led Commissioner Sherer . ROLL CALL PRESENT: Commissioners ore, LaPrade, Sherer , Carroll, Summers, Wentzel and Chair n Lilley ABSENT: None STAFF PRESENT: Larry Stevens, mi riffin, Joel Moses and Fred Buss PUBLIC COMMENT There was no public co Ient at this time. A. CONSENT CALENDAR 1. Mi - IX of regular meeting of September 6, 1983 2. Acceptance of Final Lot Line Adjustment LA 830517 :1 t 10210 Atascadero Avenue - French (Morgan) a MOTION: Commissioner Wentzel moved to accept -the Consent Cale - dar as presented. The motion was seconded by Commissio - er Sherer and carried unanimously. B. PUBLIC HEARINGS 1. Continued public hearing on Text Amendment 1-83 concerning a , proposed revision to Zoning Regulations (Title 9) to allow granny flats, companion units, and second unit residences in residential and agricultural zones - Initiated by Planning Commission Associate Planner, Joel Moses, presented the Staff Report and briefly summarized the actions of the previous hearings on this matter. Minutes - Planning 9mmission Regular Meeting® 9/19/83 Commission Moore asked what tYP e of mobilehome ,foundati=gin would be required. The Planning Director noted that a .standard mobilehome park type of foundation would be appropriate. 40 ,* Commissioner Summers inquired about the status -of guest houses and whether or not modular housing would be permitted. Commissioner Carroll asked what some of the surrounding cities had adopted for second residential units. Jim Carpenter , area resident, did not feel that mobilehomes would be compatible for second units. MOTION: Commissioner Carroll moved to table Text Amendment 1-83 for a period of six months. The motion died for lack of a second. MOTION: Commissioner Moore moved to adopt a draft ordinance as submitted by Staff. Commissioner Summers seconded the motion and it carried with Commissioner Sherer and Chair- man Lilley dissenting. Continued public hearing on Tentative Tract Map AT 1-83 '--to \'-create four parcels from 15.14 acres from a portion of of 3 of-.Block 41 at 10800 San Marcos Road Lee (Twin Cities Engineering) Commissioner Sherer stepped_.down__ from.. th.e Commiss '. n due to a possible conflict of interest. Associate Planner, \Fred Buss, presented the taff Report noting the actions taken at the previous hearings He briefly summarized findings and conditions *for approval of a requested adjustment and parcel map. There was discussion among ttre o ission concerning the proces- sing halt affecting parcel m is in the 3-F Meadows area. It was determined to start processi maps,,with the condition that such maps not be allowed to r ord until. the road is paved to Highway 41. It was the consensu of the Commission that there was sub- stantial progress to ards achieving `this goal and that lifting the processing halt now would allow applicants to begin the process. Mr. Stevens no ed that the Fire Chief would determine whether or not the existing fire hydrant would need to be tipraded after a review of ydrant policies and standards. Allen mpbell, representing the applicant, stated 'he was in agreement with the recommended conditions. MOTION: Commissioner Summers moved to approve issuance of-,, a Conditional Negative Declaration, approval of an Adjust - ment to the minimum lot size and approval of Tract Map AT 1-83 subject to the Findings and Conditions as listed 2 9/26/83 ORDINANCE NO. 4225' AN ORDINANCE OF THE COUNCIL OF' THE CITY OF SANTA BARBARA ADDING SECTION 28.04.475 TO CHAPTER 28.04, AMENDING SUBSECTION 28.87.150.1 OF CHAPTER 28.87.,. , AND ADDING SUBSECTION 29 TO SECTION 28.94.030 OF CHAPTER 28.94 OF TITLE 28 OF THE SANTA BARBARA MUNICIPAL CODE PERTAINING TO DEFINITION AND REGULATION 1J ,iJ OF SECONDARY DWELLING UNITS IN SINGLE- FAMILY ZONES. THE COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS: SECTION 1: Section 28.040.475 is hereby added ,to Chapter 28.04 of Title 28 of the Santa Barbara Municipal Code an¢, reads as follows: 28.04.475 Secondary Dwelling Unit. f A Secondary Dwelling Unit is a , separate, complete housekeeping unit consisting of two (2) or more rooms for living and sleeping purposes, one of which is a kitchen, and having a maximum square footage of six hundred (600) square feet, that is substantially contained within the structure of a one-family dwelling. SECTION 2: Subsection 1 of Section 28.87. 150 of Chapter 28.87 of Title 28 of the Santa Barbara Municipal Code is amended to read as follows: 1. DWELLING AREA REQUIREMENTS. Every dwelling unit hereafter created shall contain not less than seven hundred twenty (720) square feet of usable floor area if in a one-family dwelling, except that Secondary Dwelling Units issued a conditional use permit under Chapter 28.94 of this Title shall not exceed six hundred (600) square feet of usable or area; not " less than six hundred (6UU) square feet of usable floor area l in a two-family dwelling; and not less than four hundred (400) square feet if in a multiple-family dwelling. Such usable floor area shall be exclusive of open porches, garages, basements, cellars and unfinished attics. SECTION 3: Subsection 29 is hereby added to Section 28.94.030 of Chapter 28.94 of Title 28 of the Santa Barbara Municipal Code and reads as follows: 29. Secondary Dwelling Units in any A, E or R-1 zone, subject to the following provisions: a. The minimum lot size for any parcel containing a Secondary Dwelling Unit shall be 7,000 square feet. b. There shall be no more than one (1) existing single-family dwelling, hereinafter referred to as the primary dwelling, on the parcel . C. The Secondary Dwelling Unit shall be attached to the primary dwelling by a common wall , floor or ceiling and not simply by an attached breeze-way or porch. Said unit shall involve no more than a ' ten percent (10%) increase in the square footage of the primary dwelling Page 2 9/16!83 nor shall it constitute more than forty percent (40%) of the combined floor area of"Ahe primary dwelling and Secondary Dwelling Unit, t. exclusive of the garage or carport: d. The maximum floor area of the Secondary Dwelling Unit shall not exceed six hundred (600) square feet. .j, r i e. Setbacks and height limitations for the Secondary Dwelling Unit shall be the same as for the primary dwelling. f. One (1) off-street parking space, - coyered or uncovered, shall be required for a Secondary Dwelling W t. In addition, if the primary dwelling does. -not provide parking .as required : by Subsection 28.90.100.7a of this Title, such parking -s-ha11; be provided. The garage or carport for the primary dwelling shall not be converted to provide a Secondary Dwelling Unit. g. There shall- be nor more than four (4) !.separate rooms in -a Secondary Dwelling Unit, one of which shall be a kitchen and one a bathroom. The total number of rooms on the parcel shall not be increased by more than two, including the bathroom and kitchen for the Secondary Dwelling Unit. The Secondary Dwelling Unit shall also provide a separate entrance. h. Both the primary dwelling and the Secondary Dwelling Unit shall comply with all requirements of the housing code in effect on the date of issuance of the building permit for the Secondary Dwelling Unit. Any alteration or addition shall comply with all requirements of the Uniform Building Code as adopted by the City of Santa-Barbara. i . A separate water meter shall be provided for the Secondary Dwelling Unit. The primary dwelling shall be retrofitted with water-conserving devices ,to the same extent as if the dwelling were being built under the Uniform Building Code, as adopted by the City of Santa Barbara. j. Before obtaining a building permit for a Secondary Dwelling Unit, the property owner shall file with the County Recorder, upon approval by the City Attorney as to form and content, a covenant containing a reference to the deed under which the property was acquired by the present owner and stating that: 1. The Secondary Dwelling Unit shall not be sold separately from the primary dwelling. 2. The Secondary Dwelling Unit is restricted to the approved size. 3. The conditional use permit for the Secondary Dwelling Unit shall be in effect only so long as either the primary dwelling or the Secondary Dwelling Unit is occupied by the owner of the lot on which the Secondary Dwelling Unit is located, except for bona fide temporary absences. The use permit shall remain valid if disability or infirmity require the institutionalization of the - owner. 4. The Secondary Dwelling Unit shall be rented at a rate that is affordable to low and moderate income families or to immediate I Page 3 t 9/16/83 family members as required under Subsection 28.94.030.29.1 of this Title. 11 5. The conditional use permit, and any conditions imposed by said permit, shall lapse upon removal of the Secondary Dwelling Unit. 6. There shall be no more than two (2) inhabitants in any Secondary Dwelling .Unit. 1. The above declarations are binding upo -any`;successors in owner- ship of- `the property; any lack of compliance ' shall revokethe conditional, use permit. k. Secondary Dwelling Units shall be prohibited in High. Fire Hazard Areas (as defined in-the Fire Master Plan. ) 1 . The Secondary Dwelling Unit, or the primary dwelling if the owner chooses to live in the Secondary Dwelling Unit, shall be leased or rented to a person or persons falling within one or more of the following categories: 1. A household whose head is a member of the owner's immediate family. For purposes of this Section, "immediate family" shall be defined as parents, grandparents, children, grandchildren, sisters, brothers, and equivalent in-laws. 2. Low income households (incomes less than 80 percent of the median income for the City) , as determined by the nited States Depart- ment of Housing and Urban Development (HUD). The rent level will be no more than the Fair Market Rent levels for the City as determined and adjusted from time to time by HUD, and the owner shall give priority for occupancy to households referred by the Santa Barbara Housing Authority. If the unit is rented or leased to households not referred by the Housing Authority, the income ` level of the renter selected must be certified by the Housing Authority as to eligibility and this certification must be submitted to the Community Development Director. The Housing Authority may assess a fee for certification of renters other than those referred by the Housing Authority. The rent level for such low-income renters shall not exceed one twelfth (1/12) of thirty percent (30%) of the certified income of the renter. In addition, the owner must submit annually to the Housing Authority a copy of the lease or rental agreement in effect that identifies the rent level and the name and income level of the les- see/renter. 3. Moderate income households (incomes between 81 and 120 percent of the median income of the City), if the owner chooses not to rent to a family member and a sworn declaration supported by written documentation, such as loan documents, setting forth the finan- cial reasons why the unit will not be rented to a low-income household is submitted to the City. Generally, the only accept- able financial- reason would be that higher rent is required in • Page 4 9/16/83 order to meet the carrying costs of new construction. The rent levels will be not more than one-twelfth (1/12) of thirty percent (30%) of the median income for a family of four in the City adjusted for household/unit size according to the following factors: Unit Size. Factor Studio .70 One-Bedroom .80 Two-Bedroom .95 Three-Bedroom 1.065 Prior to the rental or leasing of the unit, the income level of the household shall be certified by the Housing Authority. The Housing Authority may assess a fee for certification of renters other than those referred by the Housing Authority. In addi- tion, the owner must submit annually to the Housing Authority a copy of the the lease or rental agreement in effect that iden- tifies the rent level and name and income of the lessee/renter. M. Approved Secondary Dwelling Units shall be subtracted from the density Reserve established by Policy 5-1.0 of the City's Housing Element, as adopted by the City of Santa Barbara on June 8, 1982. When there are no units available in the Density Reserve, no conditional use permits shall be granted for Secondary Dwelling Units. n. Secondary Dwelling Units shall be- prohibited if there is an accessory building containing additional dwelling space, an additional dwelling unit approved under- Section 28.94.030.23, caretaker's residence or similar use on the parcel . Furthermore, no accessory building intend- ed to provide additional dwelling space, additional dwelling unit under Section 28.94.030.25, caretaker's residence or similar use shall be constructed on a lot where there is an approved Secondary Dwelling Unit. o. The Architectural Board of Review shall review all Secondary Dwelling Units which require exterior change to the primary dwelling to assure that there is minimal evidence of occupancy of the parcel by more than one (1) family and that any changes or additions to the exterior of the primary dwelling necessary to establish the Secondary Dwelling Unit blend architecturally with the primary dwelling. p. In order to encourage the development of housing opportunities for disabled and handicapped individuals, the Planning Commission may allow reasonable deviation from the stated physical requirements where necessary to install features that facilitate access and mobility for disabled persons. Otherwise, no modification of the requirements for a Secondary Dwelling Unit shall be allowed unless specifically stated in this Section. Page 5 9/16/83 q. In addition to the findings required under Section 28.94.020, the Planning Commission, or City Council on appeal , must find that: 1. The Secondary Dwelling Unit does not overload the capacity of the neighborhood to absorb it or cause a concentration of such units sufficient to change the character of the single-family neighbor- hood in which it is located. 2. The Secondary Dwelling Unit does not detract from the privacy of the surrounding residents. r. Modifications. 1. Parking. No modification of the required number of parking spaces shall be allowed. Modification of other parking related requirements may be allowed subject to the provisions of Section 28.92.026a of this Code. 2. Setbacks and height limitations. Modification of these require- ments may be allowed subject to the provisions of Section 28.92.026.a of this Code. Bill No. 4204 Ordinance No. 4225 Adopted September 27, 1983 � tNGAG-34DA DATE 1TEM# M E M O RAN D U M • - - - - - - - - - - TO: City Council FROM: City Manager SUBJECT: Ordinance No. 70 DATE: November 9, 1983 Please bring the copy of Ordinance No. 70 which was pre- viously provided to you. M 7YL. WARDEN ad AGENDA T RESOLUTION NO. 40-83 A RESOLUTION OF THE ATASCADERO CITY COUNCIL ESTABLISHING FEES FOR PERMITS, PLAN REVIEWS AND OTHER ACTIVITIES UNDERTAKEN PURSUANT TO BUILDING AND CONSTRUCTION REGULATIONS WHEREAS, the Government Code provides thatfeesmay be collected to cover the costs of administering permit, plan review and inspection activities; and WHEREAS, it is appropriate to establish fees and deposits which provide for the user of servicestopay for the cost of providing the services; and WHEREAS, the International Conference of Building Officials has prepared standardized fee schedules which are in widespread use, based on their experience with permit, plan review and inspection activi- ties; and WHEREAS, the Planning Department has prepared estimates based on its own experience for activities not included in the standardized fee schedules. NOW, THEREFORE, BE IT RESOLVED that the Atascadero- City Council does hereby establish the following fees for permits, plan reviews, and other activities undertaken pursuant to building and construction regulations: TABLE NO. 1 - BUILDING PERMITS VALUATION PERMIT FEE $1.00 to $500.00 $10.00 $501.00 to $2,000.00 $10.00 for the first $500.00 plus $1. 50 for each additional $100.00 or fraction thereof, to and 'includ- ing $2,000.00 $2,001.00 to $25,000.00 $32.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and includ- ing $25,000.00 $25,001.00 to $50,000.00 $170.50 for the first $25,000.00 plus $4.50 for each additional • $1,000.00 or fraction thereof, to and including $50,000.00 Resolution No. 40-83 $50,001.00 to $100,000. 00-` $283. 00 for the first $50,000.00 plus $3.00 for each additional $1,000 .00 or fraction thereof, to and including $100,000.00 $100,001.00 and up $433.00 for the first $100,000.00 plus $2.50 for each' additional $1,000.00 or fraction thereof TABLE NO. 2 - ELECTRICAL PERMITS System Fee Schedule New Residential Buildings The following fees shall inlcude all wiring and elec- trical equipment in or on each building, or other electrical equipment on the same premises constructed at the same time. For new multifamily residential buildings (apartments and condominiums) having three or more living units not including the area of garages, carports and other noncommercial automobile storage areas con- structed at ,the same time, per square foot . . . . . . . .02 For new single- and two-family residential buildings not including the area of garages, carports and other noncommercial automobile storage areas con- structed at the same time, per square foot . . .025 For other types of residential occupancies and -altera- tions, additions and modifications to existing- ` residential buildings, use the UNIT FEE SCHEDULE. Private Swimming Pools For new private, residential, in-ground swimming pools for single-family and multi-family occupancies 'including a complete system of necessary branch circuit wiring, bonding, grounding, underwater lighting, water pumping and other similar electri- cal equipment directly related to the operation of a swimming pool, each . . . . . . .. . . . . . . . . . . . 20.00 For other types of swimming pools,, therapeutic whirl- pools, spas and alterations to existing swimming pools, use the UNIT FEE SCHEDULE. 2 Resolution No. 40-83 • Carnivals and Circuses Carnivals, circuses, or other traveling shows or exhi- bitions utilizing transportable-type rides, booths, displays and attractions: For electric generators and electrically driven rides, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 For mechanically driven rides and walk-through attrac- tions or displays having electric lighting, each . 3.00 For a system of area and booth lighting, each . . . . . .. . . 3.00 For permanently installed rides, booths, displays and attractions, use the UNIT FEE SCHEDULE. Temporary Power Services For a temporary service power pole or pedestal including all pole or pedestal-mounted receptacle outlets and appurtenances, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 For a temporary distribution system and temporary light- ing and receptacle outlets for construction sites, decorative light, Christmas tree sales lots, fire- work stands, etc. , each . . . 5.00 Unit Fee Schedule Receptacle, Switch and Lighting Outlets For receptacle, switch, lighting or other outlets at } which current is used or controlled, except ser- vices, feeders and meters: First 20, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 Additional outlets, each . . . . . . . . . . . . . . . . . . . . . . . . . .30 NOTE: For multi-outlet assemblies, each 5- feet or frac- tion thereof may be considered as one outlet. Lighting Fixtures For lighting fixtures, sockets or other lamp-holding devices: First 20 , each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 Additional fixtures, each . . . . . . . . .30 For pole or platform-mounted lighting fixtures, each .50 3 0 Resolution No. 40-83 For theatrical-type lighting fixtures or assemblies, each .50 Residential Appliances For fixed residential applicances or receptacle outlets for same, including wall-mounted electric ovens; counter-mounted cooking tops; electric ranges; self- contained room, console, or through-wall air condi- tioners; space heaters; food waste grinders; dish- washers; washing machines; water heaters, clothes dryers; or other motor-operated appliances not ex- ceeding one horsepower (HP) in rating, each 2.00 NOTE: For other types of air conditioners and other motor-driven appliances having larger electrical ratings, see Power Apparatus. Nonresidential Appliances For residential applicances and self-contained factory- wired, nonresidential appliances not exceeding one horsepower (HP) , kilowatt (KW) , or kilovoltampere (KVA) , in rating including medical and dental de- vices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 NOTE: For other types of air conditions and other motor- driven applicances having larger electrical ratings, see Power Apparatus. Power Apparatus For motors, generators, transformers, rectifiers, syn- chronous converters, capacitors, industrial heat- ing, air conditioners and heat pumps, cooking or baking equipment and other apparatus, as follows: Rating in horsepower (HP) , kilowatts (KW) , kilo- volt-amperes (KVA) , or kilovolt-amperesreactive (KVAR) : Up to and including 1, each . . . . 2. 00 Over 1 and not over 10, each . . . . . . . . . . . . . . . . . . . . . 5.00 Over 10 and not over 50, each 10.00 Over 50 and not over 100, each 20.00 Over 100, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 .00 NOTE: 1. For equipment or appliances having more than one motor, transformer, heater, etc. , the sum of the combined ratings may be used. 4 • 0 Resolution No. 40-83 2. These fees include all switches, circuit breakers, contactors, thermostats, relays and other directly related control equipment. Signs, Outline Lighting and Marquees For signs, outline lighting systems or marquees supplied from one branch circuit, each . . . . . . . . . . . . . . . . . . . . 10 .00 For additional branch circuits within the same sign, outline lighting system or marquee, each . . . . . . . . . 2.00 Services For services of 600 volts or less and not over 200 amperes in rating, each 12.50 For services of 600 volts or less and over 200 amperes to 1000 amperes in rating, each . . . . . . . . . . . . . . . . . . 25.00 For services over 600 volts or over1000 amperes in rating, each . . . . . . . . . . . . . . . 50 .00 Miscellaneous Apparatus, Conduits and Conductors For electrical apparatus, conduits and conductors for which a permit is required but for which no fee is herein set forth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 NOTE: This fee is not applicable when a fee is paid for one or more services, outlets, fixtures, appliances, power apparatus, busways, signs or other equipment. TABLE NO. 3 - MECHANICAL PERMITS 1. For the installation or relocation of each forced-air or gravity-type furnance or burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu/h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.00 2. For the installation or relocation of each forced-air or gravity-type furnance or burner, including ducts and vents attached to such appliance over 100,000 Btu/h . . . 7.50 3. For the installation or relocation of each floor furnace, including vent 6.00 4. For the installation or relocation of each suspended heater, recessed wall heater, or floor-mounted unit heater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.00 5. For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00 5 • Resolution No. 40-83 6. For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporativecoolingsystem, including installation of con- trols regulated by the UMC . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.00 7. For the installation or relocation of each boiler or com- pressor to and including three horsepower , or each absorp- tion system to and including 100,000 Btu/h 6.00 8. For the installation or relocation of each boiler or com- pressor over three horsepower to and including 15 horse- power, or each absorption system over 100 ,000 Btu/h and including 500,000 Btu/h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.00 9. For the installation or relocation of each boiler or com- pressor over 15 horsepower to and including 30 horsepower, or each absorption system over 500 ,000 Btu/h to and in- cluding 1,000, 000 Btu/h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 10. For the installation or relocation of each boiler or com- pressor over 30 horsepower to and including 50 horsepower, or for each absorption system over 1,000 ,000 Btu/h to and including, 1,750,000 Btu/h 22.50 11. For the installation or relocation of each boiler or refrigeration compressor over 50 horsepower , or each absorption system over 1,750,000 Btu/h . . . . . . . . . . . . . 37 .50 12. For each air-handling unit to and including 10,000 cubic feet per minute, including ducts attached thereto . . . . . 4.50 NOTE: This fee shall not apply to an air-handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the UMC. 13. For each air-handling unit over 10,000 cfm . . . . . . . . . . . . 7.50 14. For each evaporative cooler other than portable type . . 4. 50 15. For each ventilation fan connected to a single duct . . . 4. 50 16. For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 50 17. For the installation of each hood which is served by me- chanical exhaust, including the ducts for such hood . . . 4.50 18. For the installation or relocation of each domestic-type incinerator 7.50 19. For the installation or relocation of each commercial or industrial-type incinerator . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 .00 6 Resolution No. 40-83 . 20. For each appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed herein . . . . . . . . . . . . - 4. 50 TABLE NO. 4 - PLUMBING PERMITS 1. For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and backflow protection therefor) 4.00 2. For each building sewer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 .00 3. Rainwater systems-per drain (inside building) 4.00 4. For each private sewage disposal system 30.00 5. For each water heater and/or vent . . . . . . . . . . . . . . . . . . . . . 5.00 6. For each industrial waste pretreatment interceptor in- cluding its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps 8.00 7. For installation, alteration, or repair of water piping and/or water-treating equipment, each . . . . . . .. . . . . . . . . . 2.00 8. For repairoralteration of drainage or vent piping, each fixture • • 2.00 9. For each lawn sprinkler system on any one meter, including backflow protection devices therefor . . . . . . . . . . . . . . . . . . 6.00 10. For atmospheric-type vacuum breakers not included in Item 2: 1 to 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 Over 5, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 11. For each backflow protective device other than atmos- pheric-type vacuum breakers: 2 inches and smaller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 Over 2 inches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. 00 12. For each gas piping system of one to four outlets 2.00 13. For each gas piping system of five or more outlets, per outlet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 14. For each gas meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. 50 7 0 Resolution No. 40-83 TABLE NO. 5 - GRADING PERMITS 50 cubicyards or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 51 to 100 cubic yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 15.001 101 to 1000 cubic yards - $15.00 for the first 100 cubic yards plus $7.00 for each additional 100 cubic yards or fraction thereof. 1001 to 10,000 cubic yards - $78.00 for the first 1,000 cubic yards, plus $6.00 for each additional 1,000 cubic yards or fraction thereof. 10, 001 to 100,000 cubic yards - $132.00 for the first 10 ,000 cubic yards, plus $27.00 for each additional 10,000 cubic yards or fraction thereof. 100 ,001 cubic yards or more - $375 .00 for the first 100 ,000 cubic yards, plus $15 .00 for each additional 10,000 cubic yards or fraction thereof. TABLE NO. 6 - SOLAR PERMITS For Collectors (including related piping and regulating devices) - Upto 1000 sq. ft. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 00 Between 1, 001 and 2,000 sq. ft. . . . . . . . . . . . . . . . . . . 5.00 More than 2,000 sq. ft. , $5.00 plus $1.00 per 1000 sq. ft. or fraction thereof over 2,000 sq. ft. For Storage Tanks (including related piping and regulating devices) - Up to 750 gallons . . . . . . . . . . . 2.00 Between 751 and 2,000 gallons. . . . . . . . . . . . . . . . . . . . . 3.00 More than 2,000 gallons, $3.00 plus $1.00 per 1,000 or fraction thereof over 2,000 gallons For Rock Storage Up to 1500 cu. ft. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 Between 1501 and 3000cu. ft. 3.00 More than 3000 cu. ft. , $3. 00 plus $1.00 per 1000 cu. ft. or fraction thereof over 3000 cu. ft. For each appliance or piece of equipment for which no fee is listed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 8 Resolution No. 40-83 TABLE NO. 7 — SIGN PERMITS -VALUATION PERMIT FEE $1. 00 to $500 .00 $10.00 $501.00 to $2, 000.00 $10. 00 for the first $500.00 plus $1. 50 for each additional $100 .00 or fraction thereof, to and includ- -ing $2,000 .00 $2, 001.00 to $25,000 .00 $32.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and includ- ing $25,000. 00 $25, 001.00 to $50,000 .00 $170.50 for the first $25,000.00 plus $4. 50 for each additional $1,000 .00 or fraction thereof, to and including $50,000. 00 $50,001.00 to $100, 000 .00 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100 ,000.00 Is $100 ,001.00 and up $433.00 for the first $100 ,000.00 plus $2. 50 for each additional $1,000.00 or fraction thereof TABLE NO. 8 - - SWIMMING POOL PERMITS For swimming pools and for spas and hot tubs not installed at the same time as a building or building addition: VALUATION PERMIT FEE $1.00 to $500.00 $10.00 $501.00 to $2, 000.00 $10 .00 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and includ- ing $2,000. 00 $2,001. 00 to $25,000 .00 $32. 50 for the first $2,000 .00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and includ- ing $25,000.00 $25,001.00 to $50,000 .00 $170. 50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000. 00 9 0 0 Resolution No. 40-83 $50, 001. 00 to $100 ,000 .00 $283.00 for the first $50 ,000.00 plus $3. 00 for each additional $1,000 .00 or fraction thereof, to and including $100, 000.00 $100,001. 00 and up $433.00 for the first $100,000.00 plus $2. 50 for each additional $1,000 .00 or fraction thereof For spas and hot tubs installed at the same time as a building or building addition 20 .00 For swimming pool, spa and hot tub equipment, use Table Nos. 2, 3, 4 and 6 as appropriate. TABLE NO. 9 - RETAINING WALL PERMITS VALUATION PERMIT FEE $1. 00 to $500.00 $10.00 $501. 00 to $2,000 .00 $10 .00 for the first $500.00 plus $1. 50 for each additional $100. 00 or fraction thereof, to and includ- ing $2,000. 00 $2,001. 00 to $25 ,000.00 $32. 50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and includ- ing $25,000.00 $25 ,001.00 to $50 ,000 .00 $170 .50 for the first $25,000 .00 plus $4.50 for each additional $1,000 .00 or fraction thereof, to and including $50,000. 00 $50 ,001. 00 to $100 ,000.00 $283.00 for the first $50,000 .00 plus $3.00 for each additional $1,000 .00 or fraction thereof, to and including $100,000.00 $100,001.00 and up $433. 00 for the first $100,000.00 plus $2. 50 for each additional $1,000 .00 or fraction thereof TABLE NO. 10 - PLAN CHECKING For buildings or structures, signs, swimming pools or spas or hot tubs, and retaining walls: 65% of the permit fee as set forth in the appropriate Table 10 Resolution No. 40-83 For buildings or structures, signs, swimming pools or spas or hot tubs, and retaining walls, which have standard plan approvals or approvals from other authorized agencies: $20. 00 or 65% of the permit fee as set forth in the appropriate Table, whichever is less For electrical, mechanical, plumbing and solar if plans are not checked in conjuction with buildings or structures to be constructed at the same time: 25% of the permit fees as set forth in the appropriate Table For grading plan checking: 50 cubic yards or less . . . . . No fee 51 to 100 cubic yards 10.00 101 to 1000 cubic yards . . . . . . . . . . . . . . . . . . . . . . . . . . 15. 00 1001 to 10,000 cubic yards 20. 00 10 ,001 to 100 ,000 cubic yards - $20 ,00 for the first 10 ,000 cubic yards, plus $10,00 for each additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic yards - $110.00 for the first 100 ,000 cubic yards, plus $6 .00 for each additional 10, 000 cubic yards or fraction thereof. 200 ,001 cubic yards or more - $170 .00 for the first 200 ,000 cubic yards, plus $3.00 for each additional 10,000 cubic yards or fraction thereof.. For additional plan checking required by changes, additions, or revisions to approved plans: $15. 00 per hour , with a half-hour minimum charge TABLE NO. 11 - MISCELLANEOUS FEES Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 NOTE: Fee shall be waived by building official if building to be demolished is used for practice drills by Fire Department. Compliance Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 Building Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350.00 Mobilehome (other than temporary dwelling) 200 .00 Temporary Dwelling . . . . . . . . 35. 00 11 ! 0 Resolution No. 40-83 Permit Issuance. . . . . . . . . . . . . . . . . . . . . . . . . . Each permit. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 10 .00 40 Each supplemental permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00 Inspections outside of normal business hours (two hour minimum charge) 15 .00/hr Reinspection (per Administrative Code Section) . . . . . . . . 15 .00/ea Inspections for which no fee is indicated (one-half hour minimum charge) 15.00/hr Replacement of inspection record card 10.00 Replacement of job copy of approved plans . . . . . . . . . . . . . 15.00 Cross-connection . . . . � . . . . . . . . . . . . . . (225.00 deposit with unused portion, less 25. 00 , to to be retained by City for its cost, based on actual- cost billing by Health Department to be returned to the permittee) Driveway Encroachment.. . 20 .00 Appeal To Board of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 To City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 .00 Investigation Fee (for work commenced without permit. . . Equal to permit _ fee re- quired by_ this Res- olution NOW, THEREFORE, BE IT FURTHER RESOLVED that the fees set forth in this Resolution shall take effect on the effective date of Ordinance No. 70. On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following vote AYES: NOES : ABSENT: ADOPTED: 12 Resolution No. 40-83 MARJORIE R. MACKEY, Mayor ATTEST: BARBARA NORRIS, City Clerk APPROVED AS T ORM: A . ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MURRAY L. WARDEN, City Manager 13 Section 5 - County Auditor The County Auditor shall enter on the County assessment roll the amount of the assessments and shall collect said assessments. After collection by the County the net amount of the assessments, after the deduction of any compensation due to the City for collection, shall be paid to the treasurer for the purpose of paying -- costs and expenses of said District. Section 6 - Special Fund The City Treasurer shall establish a special fund known as "City of Atascadero Street Maintenance District 83-3:Maleza Avenue Maintenance Fund", in which the _said treasurer shall place all monies collected by the tax collector. As soon as the monies have been received by the treasurer, payment shall be made out of said fund only for the purpose provided for in this Resolution and in order to expedite the making of this maintenance and improvement the City Council may transfer into said special fund, money from any available source, such funds as it shall deem necessary to expedite the proceedings. Any funds so transferred shall be deemed a loan to said special fund and shall be repaid out of the proceeds of the assessment provided for in this Resolution. Section 7 - Boundaries of District The said contemplated maintenance and improvement work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this council makes the cost and expenses of said improvement and maintenance chargeable upon a District, which District said City Council here declares to be the District benefitted by said improvement and maintenance and to be further assessed to pay the cost and expenses thereof. Said Maintenance District shall include each and every parcel of land within the boundaries of said District as it is shown on a map, attached as Exhibit "A", as approved by this City Council and on file in the office of the Public Works Director, and so designated by name of the District. Section 8 - Public Property Any lots or parcels of land as public property, is the same as defined in 22663 -of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance and improvement work. Section 9 - Public Hearing Notice is hereby given that Monday, the 28th day of November, 1983, at the hour of 7:30 P.M. , in the Council Chambers of the City Council, being the regular meeting place of said Council, is the time and place fixed by this City Council for the hearing of protests or objections in reference to the formation of the proposed District, to the extent of the maintenance work or improvements, and any other matters contained in this Resolution. Any person who wishes to object to the formation of the District should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. Said hearing shall not be less than ten or more than thirty days after the date of the adoption of this Resolution. Section 10 - Notice - Advertisement That the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the Atascadero News, a newspaper of general circulation in this City. The publication shall not be completed less than ten (10) days before the date of the hearing. Section 11 - Notice by Mail The City Clerk is hereby directed to mail notices of the public hearing on the formation of the District indicating time, place and purpose of the hearing by mail to each owner whose name and address appear on the last equalized assessment roll. In addition, the City Clerk shall cause a copy of this Resolution to be posted in three (3) conspicuous public places within the City. Notice shall be posted not less than ten (10) days prior to the date set for the hearing. Section 12 - Effective Date This Resolution shall take effect immediately upon its adoption. Section 13 - Proceedings Inquiries For any and all information relating to the proceedings, protests procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person to contact: Lawrence McPherson Director of Public Works City of Atascadero P.O. Box 747 Atascadero, -CA 93423 (805) 466-8000 On motion by Councilman and seconced by Councilman the foregoing Resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: MARJORIE R. MACKEY, Mayor ATTEST: PATSY A. HESTER, Deputy City Clerk APPROVED AS TO ORM: APPROVED AS TO CONTENT: ALLEN GRIMES, City Attorney M RAY X. WARDEN, City Manager AGENDA n T �t-14-g3 ITEM# � =M E M 4 R A N D U M ti TO: Murray /GU e� FROM: Larry McPherson *Kal SUBJECT: Resolution of Intention - Maleza Avenue DATE: November 3, 1983 Attached is the Resolution of Intention necessary to proceed- with the formation of a Maintenance Assessment District for Maleza Avenue. Council has previously accepted a petition from property owners in this area to process the district This Resolution establishes a hearing date for protests to be received, and is the second step in the formalization of the district. Once the hearing date is set, property owners have the opportunity to file written protests with the Council. • If more than 50% of the property owners protest this district, then the proceedings may be dropped, or Council could 'override the protest by ;a 4/5ths vote. Should less than 50% of the property owners protest, the formation of Y a maintenance district then Council would adopt, a Resolution ordering the formation of the district and ordering the specified work to be done and assessments made toward the benefitting property owners as shown on the maps. The hearing date shown in the Resolution is for the Council meeting of November 28, 1983, Appropriate notices are required to be made to the property owners at least 10 days prior to the hearing date LAWRENCE McPHERSON: LM:vh att. • RESOLUTION NO. 49-83 RESOLUTION OF THE COUNCIL OF THE 'CITY OF ATASCADERO DECLARING IT'S INTENTION TO ORDER THE FORMATION OF A MAINTENANCE DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE 5820 THROUGH 5856) ;AND SETTING A TIME AND PLACE FOR PUBLIC HEARINGS THEREON, MAINTENANCE DISTRICT 83-3:MALEZA AVENUE WHEREAS, this City Council has considered the formation of'a Maintenance District pursuant to the provisions of the Streets and Highways Code of the State of California to be known and designated as Maintenance District 83-3t Maleza Avenue, hereinafter referred to as the District. NOW, THEREFORE THE COUNCIL OF'THE` CITY OF ATASCADERO RESOLVES as 'follows: Section l - Recitals That the above recitalsaretrue and correct ` Section 2 - Public Interest That the public interest and :convenience 'req_uires, and it is the intention of this City Council to order the formation of a Maintenance District to levy and collect annual assessments for the continual maintenance of certain streets in the City, all to serve and benefit said District `as said area is shown and delineated on-a map, hereby approved by this City Council and on file with the office of the Public Works Director, open for public inspection and herein so referenced and made a part hereof. Section 3 - Assessment That the public interest; and convenience requires, and it is the intention of this City Council to order the formation of a Maintenance District as described in this Resolution, and further it is determined to be within the best public interest and convenience to` levy' and collect annual assessments to pay the cost and expenses . of said maintenance and improvements as estimated by the Public Works Director.' His estimate of the annual assessment to pay the cost and expenses are as follows: Construct 2" thick asphalt concrete paving over existing graded roadway along with drainage improvements necessary to prevent roadway shoulder erosion. Estimated annual assessment for the first year is $802 per 'lot. " Estimated annual assessment after the first year is approximately $20 per lot. Section 4 - Description of Maintenance The improvements for which said Maintenance District is to be formed and the assessments levied and collected shall be for the maintenance of those streets contained within the boundaries of the 'District and reflected upon the map of the District, attached as Exhibit "A"., • A �JS 11F w _ Z i - J,r 411. T6 \ O 9 p s } 1- .,, 9 c w �� +••zYr � .dx �i �' v i.sf ,yet" 1 1 s ,v.is `s 2'. ''••�• +,V �,. l ;v O 1 ,TF y ��f r.. �0.. b ,.$ 77 taz z•` O 1 � - �� . '� n y.. _ ff Y�a�+ .. o -•I � �� a /,.� ire 1 •� ea a ! cb (' , ,II Jf♦,,aKl/ �,t M a / ,,.0 ') O c AGENDA O.eT= .� _�..:L .. .1TEMi 3 M E_M 0^R_A N`D_U M • TO: City Council FROM: City Manager SUBJECT: Repairs to Administration Building DATE: November 10,- 1983 The attached is provided . as background for your decision as to whether to allocate the $36,000 necessary to repair the Admin- istration Building as recommended by Mr. Stephenson and Mr. Schott. Please note that the November 8th memo from Larry McPherson properly advises that there are no guarantees as to lack of damage to the Administration Building even though the repairs are - accomplished. However, one must be aware that the seriousness of any damage could range everywhere from brick and trim-work falling to complete collapse- of the building. Unfor- tunately, no nfor-tunately, -no one can provide an absolute forecast as to what that severity might be. In view of these two reports, I share with Mr. Mcpherson that we proceed with the repairs as indicated in Mr. Schott' s memoran • dum. _ A MU Y WARDEN MLW•ad i M E M O R A N D U M TO: Murray FROM Larry McPherson SUBJECT: Repairs to Administration Building DATE: November 8, 1983 My memo, dated October 24, 1983, recommended allocating funds to make repairs to the fourth floor as outlined in the reports of Mr. Stephenson and Mr. Schott. It should be made clear that these repairs address the critical areas of seismic safer' concerning the Adminstration Building but do not ri ' Fie 7 ing into campiance with current building There, in fact, is no requirement for such an upgrading nor would it likely be cost effective. Neither of the studies by Mr. Schott or Mr. Stephenson evaluated, in depth, all the structural elements of the building to a degree that would absolutely identify all the current code deficiencies within the building. Such a studywould -essent-ial-ly establish the condition and location of all structural elements of the building and evaluate the systems as a'whole. This would, require testing of building materials by both destructive and non-destructive means, plus physical inspections requiring a great deal of time and effort. It is estimated that a complete study as mentioned' above could cost around $25,000. - I do not recommend such a study since'I feel it would produce nothing substantive that could,be used to upgrade the building in a cost effective manner. There are no guarantees that the Administration Building would be undamaged during a moderate to severe earthquake, because of almost-un- limited uncertainties connected with such an event. It is my belief, however, that making repairs mentioned in Mr. Stephenson's report will substantially upgrade the seismic safety in the building in a cost effective tray, and mitigate the most critical structural deficiencies identified in the building construction. ENCS McPHERSON • a 0 M E M O R A N D U M TO: Murray FROM: Larry McPherson SUBJECT: Repairs to Administration Building: Re-Stephenson's Report DATE: October 24, 1983 As agreed by Council, I contacted Fred Schott, a civil and structural engineer, to review Elliott Stephenson's report of September 14, 1983 and to make a determination of the cost to correct structural deficiencies identified in the report. By letter dated October 17, 1983, Mr.. Schott responded with his assessment of the cost after examination of the building and review of the original report. Mr. Schott indicates that necessary repair work, design drawings, and construction inspection could be accomplished for $33,000 to $36,000. This work would include bracing for the high and low parapet walls around the forth floor, tying the top of the 22' high masonry walls to the steel frame, bracing the bottom of the 22' masonry walls, and reinforcing the floor slab and beams of the forth floor. The floor slab and beam repairs would allow a 125 pound per square _ _+foot live load to be imposed, making the relocation of the library to the forth floor a reasonable possibilty. I spent some time going through the building with Mr. Schott and I am confident that his assessment is well considered and will provide a significant improvement to the seismic safety of the building if the repairs as outlined in his letter are accomplished. It is my recommendation that Council approve the repairs indicated in Mr. Schott's letter and that an allocation of $36,500 be made from the current amount budgeted for the Administration Building Renovation - Phase II. Regardless of future office space considerations, I feel it is necessary to make reasonable repairs to keep the Administration Building habitable. The building has historical significance and can be used for variety of community purposes if normal maintenance and repairs are continued. If the building were to be vacated, then it certainly would be a community liability and could become a target for vandalism. Since, at the present time, we have no alternative space available for municipal offices, for a relatively small amount, the continuing occupancy of this building can be maintained until other solutions to our space requirements have been...-achieved. i L •JRENCE McPHERSON LM:vh - CCtl,CiVI:U UbI I J tz�JJ € REi3' H . SCHOTT & ASSOCIATES CIVIL&STRUCTURAL ENGINEERS,INC. � d H.Schott,P.E. JJ En rick ec Oichard N.Ko Arch: Brian Husting 200 Si;�urban Road p �'� BHs 8 San Luis Haeger,A.I.A. Richard J Nade�sons Obspo,Cai fornia 93401-7589 805/544-1216 Michael P.Bailey -- Perry C.Schacht Larry Bogovich October 17 , 1983 Mr. Larry McPherson Director of Public Works City of Atascadero Post Office Box 747 Atascadero, California 93423 Subject: "An Evaluation of the Strength of the Fourth Floor Structural Support System and a Study of the Seismic Safety Aspects of the Atascadero Administration Building with Recommendations Related Thereto" By: Elliott 0. j Stephenson Dear Larry: This is in answer to your request for a review of and estimate for costs for repair work noted in the subject report. We have carefully reviewed the report and made site inspection of the problem areas. We concur with Mr = Stevenson' s conclusions that the areas noted need correction work, but we have not made an independent survey to insure that the recommended corrections are adequate or complete and cover all problem areas. Following is a summary of the corrections noted or inferred in the subject report and an estimate of their costs: . 1. Bracing of high parapet walls (Per repair sketch in subject report) $ 6,000 - $ 6,500 2. Bracing of low parapet walls (Per repair sketch in subject report) $ 7,000 - $ 71500 3 . Bracing of top 22 ' high masonry walls (Continuous steel tube connected to walls qi at 2 ' ± with connections to each I beam resting on the walls) $ 9,500 - $10 ,000 4 . Bracing of bottoms of 22 ' walls ' (with L connections from floor slab to wall) $ 2000 - $ 3 ,000 5-. Reinforce floor slab and beams (with rods and/or cables supporting 1/4 pts. of existing beams and new intermediate floor beam) $ 6,000 - $ 6 ,500 r .! FRrD" H . SCHOTT & ASSOA T E S CIVIL&STRUCTURAL ENGINEERS,INC. H.Schott,P.E. JJ.Emrick 200 Sdburban Road Sand N.Kopecky,Arch. Brian Husking Leonard Haeger,A.I.A. Richard J Nadeison San Luis Obispo,California 93401-7589 805/544-1216 Michael P.Bailey Perry C.Schacht Larry Bogovich • MR. LARRY MCPHERSON page 2 October 17 , 1983 6. Final Design drawings (items 3 , 4 & 5 and construction inspection work) $ 2 ,500-$ 3 ,000 Estimated Total $33 ,000 — $36,500. We hope that this information satisfies your present requirements. If you have any further questions, please do not hesitate to contact us. Sincerely yours, Fred H. Schott President FHS:md MG AGENDA DATE 1 f��? i3EM MEMO_RANDU_M TO: City Manager24 /&Ir-- t • -z�r-,r FROM: Finance Director 'fJ SUBJECT: Amendment of PERS Contract DATE: November 7, 1983 The attached Ordinance for first reading is the final phase for-amendment of the -PERS contract to include the 1959 Survivor's Program for Fire Safety members. The Resolution of Intention passed by Council on October 24, 1983 and the results of the election by eligible participants have been forwarded to PERS as scheduled. The Ordinance becomes effective on December 28, 1983 allowing effective date of the amendment beginning with payroll , period commecing January 7, 1984. RALPH H. DOWELL, JR. RHD:ad ORDINANCE NO. 71 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE ATASCADERO CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The Atascadero City Council does ordain as follows: Section 1. That an amendment to the Contract between the Atascadero City Council and. the Board of Administration, Califor- nia Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A" , and by such reference made a part hereof as though herein set out in full. Section 2.. The Mayor of the Atascadero City Council is here- by authorized, empowered, and directed to execute said amendment for and on behalf- of said Agency. Section 3. This ordinance shall take effect' 30 days after the dateofits adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Atascadero News, a newspaper of general circulation, published and circulatedin the City of Atascadero and thenceforth and thereafter the same shall be n full force and effect. • Adopted and approved this day of AYES NOES: ABSENT- MARJORIE R MACKEY,' ,Mayor ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: ///00r ALLEN GRIMES, City Attorney RAY . WARDEN, City Manager • j AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ATASCADERO '" The Board of Administration, Public Employees' Re &I'lent System, herein- after referred to as Board, and the governing body o€' ove public agency, here- inafter referred to as Public Agency, having entege.4'-into a contract effective April 19, 1980, and witnessed March 19, 1980, and''aJs amended effective July 1 , 1980 and April 30, 1983, which provides for participation of Public Agency in said System, Board and Public Agency hereby ree as follows: A. Paragraphs 1 through 12 are hereby stEr ' ken from said contract as executed effective April 30, 1983, and hereby:�'�,placed by the following paragraphs numbered 1 through 12 inclusive: 1 . All words and terms used herein which are defined in the Public Employ- ees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after April 19,1980 making its employees as herein- after provided, members of said System subject to all provisions of the Public Employees' Retirement Law except suoh as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a con- tracting agency. 3• Employees of Public Agency in the following classes shall become mem- bers of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members) ; b. Local Police Officers (herein referred to as local safety members) ; C. Employees other than local safety members (herein referred to as local miscellaneous members). 4• In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. This contract shall be a continuation of the benefits of the contract of the Atascadero Fire Protection District, hereinafter referred to as "Former Agency", pursuant to 20567.2 of the Government Code, Former Agency having ceased to exist and having been required by law to be succeeded by Public Agency on July 1 , 1980. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency' s contract with respect to the Former Agency' s employeekl a. Service performed for the former agency prior to July 16�980 shall be subject to the terms and conditions of theAAmer agency's contract as it was in effect at that time��5ervice performed after July 1 , 1980 shall be subject to terms and conditions of this contract. For purposes— f computing retirement allowances, separate calculations �Cliall be made for service performed under each contract. 1ci; 6. The fraction of final compensation to be prQ�ji�ied for each year of credited prior and current service as a to 6o miscellaneous member shall be determined in accordance with §tion 21251 .13 of said Retirement Law (2% at age 60 Full). "�) 7. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.6 of said Retirement Law (2% at age 55 Full). 8. The following additional provisions of the Public Employees' Retire- ment Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: a. Section 20952.5 (Age 50 voluntary retirement) for local safety members only. b. Section 20983.6 (Waiver of age 70 retirement) for local miscellaneous members only. C. Sections 21380-21387 (1959 Survivors Program) including Section 21382.2 (Increased 1959 Survivors Benefits) , for local safety members only. _ 9. Public Agency, in accordance with Section 20759.1 Government Code, shall not be considered an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Section 20759, Government Code, and such contributions he made shall be held by the Board as provided in Section 20759, Government Code. 10. Public Agency shall contribute to said Retirement System as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as local miscellaneous members of said Retirement System: (1 ) 0.116 percent until June 30, 1999 on account of the liability for prior service benefits. (2) 7.912 percent until June 30, 2000 on account of the liability for current service benefits. b. With respect to local safety members, the agency shal n tribute the following percentages of monthly salaries earner local safety members of said Retirement System: (1 ) 1 .118 percent until June 30, 2005 on acco of the liability for prior service benefits. �� (2) 16.806 percent until June 30, 2000 on account of the liability for current service benefits. (3) 0.200 percent on account of the`: ability for the 1959 Survivor Program. � ;� C. A reasonable amount, as fixed by the Board, payable in one in- stallment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one in- stallment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11 . Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and val- uation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the cor- rect amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjust- ments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. B. This amendment shall be attached to said contract and shall be effective on - the day of 19 Witness our hands the day of , 19 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF ATASCADERO a BYBY \�` CARL J. BLECHINGER, EXECUTIVE OFFICER Presiding Offi� Approved as to form: Attest: Q� Margaret J. ehn, Le Office, Date PERS CON-702 ADMINISTRATION BUILDING ADDE OFFICE BOX 747CALIFORNIA 93423 A NGAG DA ATASCA I� � PHONE: )805) 466-6000 DATE TiL_ 1�-_$3. 1TEM# . ---�-�---- CITY COUNCIL CITY CLERK CITY TREASURER CITY MANAGER INCORPORATED JULY 2, 1979.. FINANCE DEPARTMENT • PERSONNEL DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT - FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE' ATASCADERO.CALIFORNIA 93422 �.�..� PHONE: )805)466-2141. MEMORANDUM: October 27, 1983 To: The Honorable Mayor and City Council From: Murray Warden, City Manager Allen Grimes, City Attorney Subject: Adoption of the Atascadero Municipal Code Recommendation • The staff recommends that the Council adopt the proposed P P ordinance which would adopt the Atascadero Municipal. Code as prepared by Book Publishing Company. Background w The City entered into an agreement with Book Publishing Company of Seattle, Washington, on November 10, 1980, for the codification of the ordinances of the City of Atascadero into a codified Atascadero Municipal Code. Book Publishing Company has substantially completed the work required by the contract and has furnished the City with five (5) copies of the proposed municipal code. The law requires that three (3) copies of the code be deposited and held in the office of the City Clerk. The other two (2) copies have been lodged in the offices of the City Manager and the City Attorney, After the Council adopts the ordinance adopting the code and Book Publishing Company is notified, the 'company will then furnish the City with the remaining forty-five - (45) copies of the code required under the contract. The code is a codification of all of the general ordinances of the City adopted to include Ordinance No. 70, except for those general ordinances not codified toremain in effect pending MEMORANDUM: The Honorable Mayor and City Council October 27, 1983 Page 2 supersession or repeal as listed in Table 4 of the proposed municipal , code. The special ordinances not codified but to remain in effect are listed in Table 3 o the proposed municipal code. Except as noted above, all of the remaining ordinances of the City and all of the remaining ordinances of the County are repealed. The proposed "municipal code contains a detailed descriptive word index of the contents of the code. It is the staff's intention to distribute a loan copy of the code to the Mayor and each member of: the Council to be retained as long as they continue in office. The staff further proposes that a 'fee schedule be adopted by resolution of the 'Council to set forth the cost of purchase of a copy; of' the code, togetherwith tabs and binder, and, further, a fee for purchasing pages or parts of the code. As the code constitutes the basic "constitution" of the City, and the City is under -a legal duty to act in accordance with the laws in effect, the code constitutes one of the fundamental documents of its existence. AG:fr • ORDINANCE NO. 72 AN ORDINANCE OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING THE ATASCADERO MUNICIPAL CODE, A CODIFICATION OF THE PERMA- NENT AND GENERAL ORDINANCES OF THE CITY OF ATASCADERO, CALIFORNIA, TOGETHER WITH THOSE SECONDARY CODES ADOPTED BY REFERENCE AS AUTHORIZED BY THE GENERAL LAWS OF THE STATE OF CALIFORNIA. The City Council of the City of Atascadero, California, does hereby ordain as follows : Section 1. Adoption. Pursuant to authority granted by Sections 50022. 1 through 50022 . 10 of the Government Code of the State of California, there is hereby adopted that certain document entitled the "Atascadero Municipal Code", including the Tables thereto and the secondary codes therein adopted by reference, published by Book Publishing Company, Seattle, Washington, three (3) copies of which code, together with (3) copies of each secondary code, have been filed and are on file for public inspection in the office of the city clerk . Section 2. Certain ordinances and provisions to remain in effect. Those certain ordinances of the City of Atascadero which are listed in Tables 3 and 4 of the Atascadero Munici- pal Code shall not be repealed but shall remain in full force and effect. Section 3. Ordinances passed prior to adoption of the code. The last ordinance included in this code was Ordinance 56 , passed 7-12-83 . The following ordinances, passed subsequent to Ordinance 56 , but prior to adoption of this code, are hereby adopted and made a part of this code: Ordinances 57, 58, 59, 60, 61, 62 , 63, 64 , 65 , 66, 67, 68, 68 , 70 and 71.. Section 4. Effect of code on past actions and obligations. Neither the adoption of this code nor the repeal or amend- ments hereby of any ordinance or part or portion of any ordi- nance of the county shall in any manner affect the prosecu- tion for violations of ordinances, which violations were committed prior to the effective date hereof, nor be con- strued as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordi- nances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any viola- tion thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or de- posited pursuant to any ordinance and all rights and obliga- tions thereunder appertaining shall continue in full force and effect. i Section 5., Constitutionality. -If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council hereby declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections , subsections, sentences , clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconsti- tutional, then the original ordinance or ordinances shall be in full force and effect. Section 6. Violations of code provisions : Penalties. It shall be unlawful for any person to violate any provisions or to fail to comply with any of the requirements of the Atascadero Municipal Code or the provisions of any Code adopted by reference by said Code. Any person violating any of such provisions or failing to comply with any of the man- datory requirements of the Atascadero Municipal Code shall be guilty of a misdemeanor or an infraction as designated by, and provided for, in Sections 16, 17 , 19c and 19d of the Penal Code of the State of California and as expressly speci- fied in Sections 40000.1 et seq. of the Vehicle Code of the State of California. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Atascadero Municipal Code, or the provisions of any Code adopted by reference by said Code, is committed, continued, or permitted by such person and shall be punishable accordingly. Any person convicted of a misdemeanor under the provisions of the Atascadero Municipal Code shall be punishable by a fine of not more than Five Hundred and no/100ths ($500. 00) Dollars, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and impri- sonment. Any person convicted of an infraction under the provisions of the Atascadero Municipal Code shall be punishable for a first conviction by a fine of not more than Fifty and no/100ths ($50 . 00) Dollars, for a second conviction within a period of one (1) year by a fine of not more than One Hundred no/100ths ($100 .00) Dollars, for a third or any sub- sequent conviction within a period of one (1) year by a fine of not more than Two Hundred Fifty and no/100ths ($250 .00) Dollars. In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of the Atascadero Municipal Code, or the provisions of any Code adopted by reference by said Code, or any subdivision, building, wiring, plumbing, or other 0 0 similar activity in violation of the provisions of said Code shall be deemed a_ public nuisance and may be summarily abated by the City in a civil action, and each day such condition continues shall be a new a separate offense. Section 7. Repealer. Except as otherwise provided in this ordinance, and in the provisions of the Atascadero Municipal Code adopted hereby, and Tables 3 and 4 included therein, all other laws and ordinances of the City of Atascadero are hereby repealed on the effective date of this ordinance, in- cluding all of the provisions of the San Luis Obispo County Code not reserved by the provisions of Tables 3 and 4 . Section 8. 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 cir- culation, 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 9. 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. The foregoing ordinance was introduced on and adopted at a regular meeting of the Council on AYES: NOES: ABSENT: MARJORIE R. MACKEY, Mayor ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TO ORM: APPROVED AS TO CONTENT: ALLEN GRIMES , City Attorney MU RAY 17ARDEN, City Man ger . O NG AG`-`NDA 67TEJ4 ` ITEM MEMO RAN D U M TO: City Council ` FROM: City Manager SUBJECT: Drainage, street lighting, traffic safety DATE: November 10, 1983 The attached memo encompasses three different, but related items which have been a concern to you and, with one minor excep- tion, seems to reach conclusions with which I generally concur,. The only exception is in the area of traffic safety. Please note that obtaining the services of a traffic safety officer, as, recommended by Mr. McPherson, is already in the budget as a grant item from the State. We have been advised that we should hear shortly as to whether funds will be forthcoming for that grant In addition, I have been in contact with the University of Cali fornia which offers assistance at no cost utilizing the services of a traffic engineer and a qualified highway patrol analyst for assessing traffic safety, engineering and enforcement needs. • It will be some months before we_-can`,secure their services, but I would recommend that until we do so and until we know of the State' s decisi to the traf ic the acti ugges" ed by Mr. cP erson concerning iring a traffic enforcement officer not be followed. M/ RRA Y WARDEN MLW:ad • M E M O R A N D U M T0: Murray FROM: Larry McPherson SUBJECT: Report to Council - Drainage, Street Lighting,> Traffic Safety DATE: November 4, 1983 At their last meeting, several Council members brought up the need to have a means of providing improvements of drainage, street lighting, and traffic safety. '' There seems to be some confusion as to what is presently being accomplished to provide for problems in these areas and financing methods that can be used to provide higher service levels. Following is a discussion of each of the areas mentioned by Council. Street Lighting Currently, there is no program to add street lights other than a re- quirement for commercial developments to include lights in their El Camino Real frontages. Intersection lighting has been established in the past ' where P.G. & E. has wood poles for mounting the luminaire near the inter- section. $38,000 in General Funds is energy budgeted for charges for street g gY lights and traffic signals. In.many cities, street lighting districts are established to fund ongoing costs of providing both 'safety and neighborhood lighting. The establishment of:a Street Lighting Maintenance District is similar to the Street Maintenance Districts already formed by Council, in fact, the provisions for the lighting districtformation are in the same Government Code Section. The Government Code does require assessments toward street lighting be made on the basis of benefit to properties being assessed, and with many portions of the City having no lights at all, it may be difficult to make such a showing on a city-wide basis. A-maintenance fund could provide,` however, the necessary amounts to add intersection and arterial lighting to deficient areas on a progressive basis, in addition to paying current energy charges. I would recommend that Council authorize staff. to evalate the establish- mens of. a c ty-wide lighting 'ct. -In order to establish charges in . relations p- tt `benefit, it'-maybe necessary to consult with a specialist in benefit 'assessment'. r Q 1 �1 Report to Council page two • Drainage Improvements I went into detail on the steps involved in forming a- benefit assessment district for drainage improvements with the Amapoa-Tecorida Drainage Study. To summarize, it would be necessary to retain an engineer for design services and assessment spread, and a bond council to certify the sale of bonds for the district. The costs of these services would have to be paid by the City, in order to create a district and the City would risk those funds if the property owners decided against the construction of the facilities. Previous Council action onthe formation of a drainage assessment district was to hold off any other activity until a majority of the affected property owners submitted a petition requesting the work. To date, there has been no further activity of which I am aware. There are no specific provisions in the Government Code to establish an area-wide or local drainage maintenance district. It is possible to include within a street maintenance district the drainage work necessary to protect the road and provide storm flow along the roadway. With the exception of the Amapoa-Tecorida Drainage Basin, which includes over 1,000 acres, drainage problems within this community can be characterized as local, effecting only several or single properties within a given area. Unfortunately, there are dozens of those areas throughout the City, caused primarily by lack of development standards in the past. The Public Works Department-has an ongoing program for upgrading drainage facilities within the road network and attempting to solve those drainage problems that impact the roadways. A large number of culverts have been re- placed or enlarged as well as changes in road elevations to more effectively convey storm water without creating property damage. An example of this pro- gram is the work done last year on San Marcos at San Andreas where the road was raised two feet and a balancing culvert installed, solving a long time problem of inaccessability during and after major storms. I have also attached a detailed list of drainage upgrade projects completed during the past several years. This year $35,000 has been budgeted to upgrade and construct drainage inlets in certain problem areas. There may never be a real necessity to construct a costly system of storm drains within this community as long as natural swales or flow paths are not blocked or diverted by development. It is this departments responsibility to assure new development does not create additional drainage problems. It is my recommendation that our current practice of upgrading and improving drainage facilities be continued. In the event that a City"=wi e street maintenance district is esta�bTisTed, funds collected as a result of the district could augment drainage improvements that are associated with the road system. Report to Council • page three Traffic Safety • This subject was discussed by Council as the result of the Mayor's request to include three traffic signals in the capital improvement program. I view the traffic safety issue on a much broader scale to include all traffic control devices, signs, traffic volumes, accident history, speed surveys, and enforcement. Placement of traffic control devices, especially traffic signals, should be justified by evaluating recognized standards required to be met for their installation, and a thorough review of the problems thatareattempted to be solved by the device. A syste.:, of warrants has been developed by Caltrans for this purpose and this system has been applied in virtually all cases where traffic signals are being studied. Rather than attempt an explanation of the warrant system, I have attached a copy of the applicable section of the State Traffic Manual that fully describes this system. This department does review and record all reported traffic accidents for each calendar year, with each accident represented on a large scale map. This map helps pinpoint problem locations and when an ususual amount of accidents occur at a given location, the accident reports are again reviewed to determine if there is a physical problem that may contribute to the accidents. It should be noted that a high frequency of accidents do occur at controlled intersections, which illustrates that signs and signals do not necessarily reduce the number of accidents. In reviewing the suggestion to have traffic signals installed at the intersections of West Mall, Williams Brothers Shopping Center, and the Lucky Market Shopping Center with El Camino Real, I have the following comments: 1) West lull and E1 Camino Real. This intersection has met the required warrants and would he---funded-to the extent of 2/3 State and 1/3 City. The estimated cost of this intersection is $156,000, a sizeable portion of which is the improvement of the west side of El Camino Real. A signal at this intersection may eliminate the need for a crossing guard at East Mall, which would amortize the City's share of the signal. It would be my recommendation that the City agree to construct the signal in cooperation ith the State, however, delaying the signal construction until further development of the west side of E1 Camino Real would realize a substantial cost savings due to the improvements normally -required to be installed by the property developer. 2)---Williams--B-rother'--s Shopping Center. The logical location for a traffic signal would be at the freeway offramp and El Camino Real. This location may require modification of the shopping center driveway to align with the freeway offramp. I doubt that any of the eight warrants could be met at this time due to thefairly low secondary access volumes. Pro- bably the only way to obtain enough cross street volume would be to block off other shopping center access either by closing existing driveways or install a raised median. Accident frequency is relatively low and it would be my recommendation that unless conditions change considerably, there should be no signals installed at this location. Report to Council page four 3) Lucky MarketShopping_Center. With three streets and a major driveway intersecting El Camino Real at varing locations within a short frontage, there is no logical location for a traffic signal system installation that would have any chance of success. Total traffic volumes here are lower than the other two locations pre- viously mentioned, and it is my opinion that none of the eight warrants could be met There have been a significant number of accidents at this location that might be decreased by left turn restrictions, however, any change in exterior access may cause more accidents to occur within the parking areas. I would recommend no further consideration be given to traffic signals at this location, however, an ongoing review of this location may suggest other traffic control devices need to be considered, such as left turn restrictions or elimination of dual left turn lanes.. In a broader sense, our more serious problem concerning traffic safety is speed control. Almost all of our more serious accidents are due to violation of safe speed laws. The only positive method to combat this problem is adequate enforcement. Traffic enforcement requires a dedicated resource of personnel and without that resource' all other efforts are ineffective. I have discussed this with Chief McHale, and I think we agree that added personnel responsible for only traffic enforcement is the most reasonable solution to , this problem. I would strongly recommend that the employment of a traffic �,,enforcement officer be made our hig'F &-st' priority. This department is involved-in other -areas of traffic safety,such as: traffic counts, speed survey review, sign maintenance, traffic striping and marking, parking surveys, pedestrian counts, and Traffic Committee. Currently, our budget provides $5,000 for street and traffic signs, $10,000 for traffic striping, $12,000 for traffic signal maintenance, and approximately $3,000 for paint used in traffic markings. LAWRENCE McPHERSON LM:vh att. Traffic Manual *TRAFFIC SIGNALS AND LI"HTIN � G 9- 9 12-1979 k, CHAPTER 9 TRAFFIC SIGNALS AND LIGHTING Traffic Signals—Basic Information and Warrants 9-01 9-01.1 Introduction When the 85-percentile speed of major street traf- Traffie signals are electrically powered traffic con- fic exceeds 40 miles per hour, or when the intersec- A;! trol devices which alternately direct traffic to stop tion lies within the built-up area of an isolated com- and proceed at highway and street intersections. munity having a population less than 10,000, the location is considered rural. All other areas are con- Their purpose is the orderly assignment of right of way to the various traffic movements. sidered urban. Since the installation of traffic signals When justified and properly designed,a traffic sig- may increase certain types of collisions, the decision nal installation may achieve one or more of the fol- to install signals should not be based solely upon war- lowing: rants.Consideration should also be given to such fac- tors as delay,congestion,approach conditions,driver frequency types of acci- confusion and additional evidence of need for right dents; especially the right-angle type; of way assignment above that which could be pro- 2. Effect orderly traffic movement; vided by stop signs. 3. By proper coordination, the continuous flow of The installation of traffic signals should be consid- a platoon of traffic at a definite speed along a eyed if one or more of the warrants listed below are . given route; met: 4. Allow other vehicles and pedestrians to cross a Warrant 1-Minimum Vehicular Volume. heavy traffic stream; and Warrant 2-Interruption of Continuous Traffic. 5. Control traffic more economically than by man- Warrant 3-Minimum Pedestrian Volume. ual methods. Warrant 4-School Crossings. Unjustified,ill-designed,improperly-operated, or Warrant 5-Progressive Movement. poorly maintained traffic signals may cause: Warrant 6-Accident Experience. 1. Increased accident frequency, - ..,. - .:Warrant 7-Systems. - 2. Excessive delay, Warrant 8-Combination of Warrants. 3. Disregard of signal indications, and 4. Circuitous travel by alternate routes. 9-01.3 Warrant l -Minimum Vehicular Volume Contrary to common belief, traffic signals do not The minimum vehicular volume warrant is intend- always increase safety and reduce delay. Experience ed for application where the volume of intersecting shows that the number of right-angle collisions may traffic is the principal reason for consideration of sig- .decrease after the installation of signals,but the num- nal installation. The warrant is satisfied when for ber of rear--end collisions will increase in many in- each of any 8 hours of an average day the traffic stances.The installation of signals may increase over- volumes given in the table below exist on the major street and on the higher-volume minor street ap- proach to the intersection. Consequently,it is of the utmost importance that the C .` consideration of a signal installation and the selection of equipment be preceded by a thorough study of Number of lanes for Vehicles per Vehicles per moving traffic on hour on major hour on higher- traffic and roadway conditions made by an engineer each approach street(total volume minor- experienced and trained in this field.Equally impor- of both street approach approaches) (one direction tant is the need for checking the efficiency of a traffic' only) signal in operation. This determines the degree to (Minimum Requirements) which the type of installation and the timing pro- gram meets the requirements of traffic. Major Street Minor Street Urban Rural Urban Rural 9-01.2 Warrants 1 ------- i -- ---- 500 350 150 105 2 or more -- 1 ------- 600 420 150 105 2 or more -- 2 or more -- 600 420 200 140 The warrants for the installation of traffic signals 1 ------- 2 or more -- 500 350 200 140 are based on those stated in the Manual on Uniform Traffic Control Devices. These warrants apply to both pre-timed and traffic-actuated traffic signals. - 9-2 TRAFFIC SIGNALS AND LIGHTIP Traffic Manual 12-1979 The major street and the minor street volumes are more vehicles per hour enter the intersection �M for the same 8 hours.During those 8 hours the direc- (total of both approaches): or 1,000-Urban,700 tion of higher volume on the minor street may be on -Rural or more vehicles per hour (total of both one approach during some hours and on the opposite approaches) enter the intersection on the ma approach during other hours. _ jor street where there is a raised median island Left turn movements from the major street may four feet or more in width;and be included with minor street volumes if a separate 2. During the same 8 hours as in paragraph 1., signal phase is to be provided for the left turn move- there are 150-Urban, 105-Rural or more pede- ment. The left turn volume in the highest direction strians per hour on the highest volume cross- may be added to the minor street volume on the walk crossing the major street. highest approach and the major street volume should A signal installed under this warrant at an isolated be reduced by this amount. �' intersection should be of the traffic-actuated type 01` , 9-01.4 Warrant 2-Interruption of Continuous Traffic with push buttons for pedestrians crossing the main The interruption of continuous traffic warrant ap street. If such a signal is installed at an intersection plies to operating conditions where the traffic vol- within a signal system, it should be equipped and ume on a major street is so heavy that traffic on a operated to provide proper coordination. minor intersecting street suffers excessive delay or. Signals installed according to this warrant shall be hazard in entering or crossing the major street. The equipped with pedestrian indications conforming to warrant is satisfied when for each of any 8 hours of requirements set forth in other sections of this Man- an average day the traffic volumes given in the table ual. below exist on the major street and on the higher- Signals may be installed at nonintersection loca- volume minor street approach to the intersection, tions (Mid-block) provided the requirements of this and the signal installation will not seriously disrupt warrant are met,and provided that the related cross- progressive traffic flow. walk is not closer than 150 feet to another established crosswalk.Curbside parking should be prohibited for Number of lanes for Vehicles per Vehicles per a minimum of 100 feet in advance of and 20 feet moving traffic on hour on major hour on higher- beyond the crosswalk. Phasing,coordination and in- each approach street(total volume minor- of both street approach stallation must conform to standards set forth in this, approaches) (one direction Manual.Special at should be given to the sig- only) nal head placement and the signs and markings used (Minimum Requirements) at nonintersection locations to be sure drivers are Major Street Minor Street Urban Rural Urban Rural aware of this special application. 1 ----- _ 1 ------- 750 525 75 53 9-01.6 Warrant 4—School Crossings 2 or more -- 1 ------- - 900 630 75 53 2 or more-- 2 or more-- 900 630 100 70 See Chapter 10. 1 ------- 2 or more-- 750 525 100 70 9-01.7 Warrant S-Progressive Movement The major street and minor street volumes are for the same 8 hours.During those 8 hours the direction The progressive movement warrant is satisfied of higher volume on the minor street may be on one when one of the following is true: approach during some hours and on the opposite 1. On a one-way street or on a street which pre approach during other hours. ponderantly has unidirectional traffic signifi- Left turn movements from the major street may cance, adjacent signals are so far apart that the be included with minor street volumes if a separate necessary degree of platooning and speed con- signal phase is to be provided for left turn move- trol of vehicles would otherwise be lost or, ment. The left turn volume in the highest direction 2. On a two-way street,where adjacent signals do may be added to the minor street volume on the not provide the necessary degree of platooning highest approach and the major street volume should and speed control and the proposed and adja- be reduced by this amount. cent signals could constitute a progressive signal `' 9-01.5 Warrant 3-Minimum Pedestrian Volume system. The minimum pedestrian volume warrant is satis- The installation of a signal according to this war- fied when for each of any 8 hours of an average day rant should be based on the 85-percentile speed un- the following traffic volumes exist: less an engineering study indicates that another 1. On the major street 600-Urban, 420-Rural or speed is more desirable. t< The installation of a signal according to this war- Traffic Manual *TRAFFIC SIGNALS AND LIGHTING _ 9-3 12-1979 rant should not be considered where the resultant day, or each of any five hours of a Saturday and/or* signal spacing would be less than 1,000 feet. Sunday. 9-01.8 Warrant 6-Accident Experience A major route as used in the above warrant has one or more of the following characteristics: The accident-experience warrant is satisfied 1. It is part of the street or highway system that when: serves as the principal network for through traf- 1. Adequate trial of less restrictive remedies with fic flow; satisfactory observance and enforcement has 2. It connects areas of principal traffic generation; failed to reduce the accident frequency; and 2. Five or more reported accidents of types sus- 3. It includes rural or suburban highways outside cetible of correction b traffic signal of, entering or traversing a city; p y l control have occurred within a 12-month period, each 4. It has surface street freeway or expressway accident involving personal injury or property ramp terminals; damage to an apparent extent of$200 or more; 5. It appears as a major route on an official plan and such as a major street plan in an urban area 3. There exists a volume of vehicular and pedes- traffic and transportation study. trian traffic not less than 80 percent of the re- 9-01.10 Warrant 8-Combination of Warrants quirements specified in the minimum vehicular -volume warrant, the interruption of continu- In exceptional cases, signals occasionally may be ous traffic warrant,or the minimum pedestrian justified where no single warrant is satisfied but -volume warrant; and where any two of Warrants 1,2 and 3 are satisfied to 4. The signal installation will not seriously disrupt the extent of 80 percent or more of the stated numer- ical values for each of any 8 hours of an average day. progressive traffic flow. 9-01.9 Warrant 7-Systems Warrant. 9-01.11 Periodic Traffic Signal Studies To maintain the desirable operation of existing . A traffic signal installation at some intersections traffic signals,it is necessary to periodically conduct may be warranted to encourage concentration and engineering studies to ensure that the desired opera organization of traffic flow networks. The systems cion is realized. In particular, engineering studie warrant is applicable when the common intersection should determine whether the installation continues of two or more major routes has a total existing, or to be justified and that the signal timing in use meets immediately projected, entering volume of at least the current traffic requirements. 800 vehicles during the peak hour of a typical week- . �� b f.. M E M O R A N D U M TO: Larry FROM: Don SUBJECT: Storm Drainage Repairs DATE: November 7, 1983 t Repairs to eliminate flooding and storm drainage problems have been accomplished by several means. General areas and means of correction were: 1) El Camino Real - Added elbow and 20'extension on existing CMP to prevent water from flooding resident. 2) E1 Camino Real - construct drop inlet and install pipe to complete underground drainage system. 3) 12 locations - clean and repair existing CIT s, blade and clean storm drainage ditch, construct curb and gutter, pave swale to carry water to drainage system. 4) 6 locations on Del Rio - replacedplugged and damaged CMPs excavate and clean buried CMPs, construct head walls, clean and blade ditches. 5) 2 locations on Monterey - excavate, clean and repair existing buried CMPs. 6) Garcia Road - install new CPP across road with inlet and ditch. 7) 3 locations on Balboa - Installed CMPs in conjunction with road re-construction. 8) San Marcos - installed CMPs with inlet structure and reconstructed road to eliminate road flooding. 9) Colorado Road - installed CMP and constructed asphalt drainage channel to eliminate flooding to private property. 10) Pino Solo - Install new CMP across road with head walls and clean ditch as required. 11) LaLinia - constructed burms to roadway to eliminate rutting and washing debris on. roadway. 12) Solono - Construct burms and drop inlets and drainage pipe to flow water. Drainage repairs page two . 13) Arcade & E1 Centro - cross gutter. 14) Sinaloa - burms to carry water and installed an asphalt cross gutter. 15) Santa Xsabel - Burms and cross gutter to channel water. 16) San Jacinto - Construct approximately 800' of burro to channel water 17) Vida - provided burm and drainage structures to prevent washing and damage to road and property, paved road. 18) Navidad - provided burm and drainage structures to prevent damage to road and property, paved road. 19) San Benito - Installed CMP with headwalls to channel water and prevent damage to road and property. 20) Northwest Curbaril - installed CMP and constructed drainage channels to prevent road flooding and property damage. 21) El Centro - Installed QfP across road to prevent washing and flooding, improved ditch. 22) Marchant - Installed CNPs to prevent road flooding and private property damage. 0 23) River Gardens —Installed CMP and raised road to prevent road flooding. 24) Marchant/Atascadero - replaced damaged CMP across Marchant to prevent flooding across road. 25) San Gabriel - Installed CMPs with head walls to prevent flooding across road. 26) Olmeda - Installed CMPs with drop inlet structure. At numerous locations the following was done to speed flow of water and prevent flooding and washing: 1) Straightened ends of CMPs where they had been damaged and were restricting the flow of water. 2) Widen roadways to enable construction of drainage swales to flow water. 3) Construct burms and structures to remove water from roadway. OTINC7 AGENDA DATE- )4'0 ITEM# • ME M R A N D U M TO: CITY MANAGER November 8, 1983 FROM: PLANNING DIRECTOR SUBJECT: GENERAL PLAN AMENDMENTS/CYCLE 1 (1984) On November 7, 1983, the Planning Commission reviewed this matter and concurred with the recommendation not to initiate any amendments other than the two already initiated by the City Council'. Hank Hohenstein, representing the , Chamber , stated that for over four years the Chamber has been discussing development of land for indus- trial purposes within the City and talked about the various site characteristics that should be considered for these types of development. Dale Gustin, Paso Robles resident, felt that there should be coor- dination between ' the Chamber and the Planning Department in develop- ing a master plan wherein different areas could be chosen for possible industrial development. No one else appeared on the matter . LAWRENCE STEVENS MU0,RAY ARDEN Planning Director City Mahager- ps o `i� laa me l t ?fit s �s i9 o v is d rL`l �' ya�r �� o►c�4't-a iu� �-�` (z1ff QLt STS, }!Dv 19-rt.l'+' 61C)Iyfi m m r D Fen A)V f . nyec:vor o /jy avdljr A a air„ n FFI-Ir l \ CITY OF ATASCADERO 19is � / Planning Department November 7, 1983 • STAFF REPORT SUBJECT: GENERAL PLAN AMENDMENTS/CYCLE 1 (1984) BACKGROUND The City is considering the next round of General Plan Amendments. The deadline for Cycle 1 (1984) was October 3, 1983. General Plan amendments should be considered in the same manner as zone changes with amendments being initiated by the City Council, the Planning Com- mission, or the property owner. This report will allow the Commission the opportunity to initiate any amendments or to consider expansion of any other amendments. 1. APPLICATIONS INITIATED BY PROPERTY OWNERS: At this time, no applications have been received by any private property owners for this cycle. • 2. APPLICATIONS INITIATED BY THE PLANNING COMMISSION OR CITY COUNCIL: A) GPlA-84 : Application initiated by City Council as a text amendment to the Land Use Element which basically encourages, establishment of additional commercial and light, clean in- dustry on suitable sites. B) GPIB-84 : Application initiated by City Council to evaluate the land within the boundaries of Santa Barbara Road, the freeway, E1 Camino Real and San Diego Road as a potential site for an industrial and/or commercial designation. STAFF COMMENTS Both applications were the result of requests by the Chamber, of Com- merce to the City Council. Both requests involve amending the text of the Land Use Element, and the second request would also involve redes- ignation of property on the Land Use Element map if ultimately ap- proved. None of the potentially effected property owners have been contacted by Planning Staff at this point. • General Plan Amendme*/Cycle 1 (1984) RECOMMENDATION The Planning Department recommends that no additional General Plan Amendments be initiated beyond those recommended by City Council. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: FRED BUSS Associate Planner REPORT APPROVED BY: LAWRENCE STEVENS Planning Director Ps 2 ` ' a 1 3 L.3. � •' � � \ ♦ /}. tet♦ /y i\ / f •• .. . r. 7v .. . � r . .. - :;: : G '` yQG Q4QQQ �? 4 rGQQ :. Q0 {5 . 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A '� ,�- � � ; �;. �> ,a .� r � �,�3�f� �/�,t'c4+/?�9 TQC/-1D� F4EEGs!/��i� <1 \baa 12 % 10 13 / c3 , p MF 3 z1 ' 35 A V N 13 12 34ED 1 13 33 14 '9 7' aC \ 3Sl a d°38 30 X00 ' x 7 6 hp0 1 - t� 8 5 2 . 39 38 U \ 41 p o 18 l � 9 9 0 3•�g 19 9 � R 47 22 0 23 - 46 - 24 21 66 p tK 9 26 27 ;`�� 44 LA 29 \ 43 Q�? quo A cl 30 J PAR.3 ` = 00 7t'-30-9 =zi1 41 Vila Hif2.2 \ PAR.G 3231 9o)Q J !� 40 /y PAR:I PAK.b 32 39 PAK A \ C 38 9/2S "CA7I0N A" 04N/.V6: 676MEAW& 91W qfneVP-lMWr-,02Pl 9-94 r. 1N/7rfi7ED Bt' C%r/ COUNG/J- 37 1-7p-60 tlbu flk'�ay tI-C-m 1/NOP_fAC� ip ett tial 33 3g �7?EJ1 OsbnD, FOt:EWayi�ll�►Dfa%��l e 9!!p v�te�. r� 9/20 19sew mar fli. 20 s • MITI Nv AGENDA DATE _1LITEM�""•�� 5 , MEMO RANDU'M T0• Murray FROM: Larry McPherson SUBJECT: Recommendation for Upgrading the Pavilion DATE: November 4, 1983 At their last meeting, Council asked for anevaluationof upgrading the Pavilion to provide a place for private and public social functions to replace the Rotunda Room of the Administration Building. This report is the result of a cooperative evaluation considering occupancy require- ments, fire safety, and utility of the building. Chief Hicks and Captain Elliott of the Fire Department made an occupancy evaluation and I prepared a cost estimate based on the findings of the Fire Department. The Pavilion building, in its current condition, does not comply with the Building Code requirements for public assembly purposes. The building is nonrated construction and would either have to be fully sprinklered or brought up to a 1-hour fire resistive construction. • The cost estimate is based on a fire sprinkler system being installed, since this would .appear to be the lower cost option. Other conditions of correction as shown in Captain Elliott's memo of November 2, 1983 have been incorporated into the estimate. A copy of Vern's 'memo is attached. I estimate it would cost $30,000 to bring the Pavilion, in its present configuration, into Code compliance for public assembly use. This does not consider any structural problems, such as foundation or roof truss or seismic safety items that may be discovered at a later time. A complete structural evaluation, at this time, was beyond the scope of this evaluation, however, should Council determine a need to upgrade this building, I would strongly recommend a complete structural evaluation prior to the start of any renovation. The $30,000 estimate also does not include relocation of the tackle shop that occupies a portion of the Pavilion. It is estimated that the cost to provide quarters in a modular building of like size would add $25,000 to the cost. The Pavilion building now houses a number of recreation programs that may lose the use of the building if renovation is undertaken. The gymnastics classes require a;,great deal of floor area to store apparatus and mats. I don't feel it is reasonable to displace programs with 500 to 600 users per week and a commercial operation just to provide for temporary meeting space. Pavilion page two It is my recommendation that the Pavilion be maintained as it exists for • recreational uses until such time as adequate funds are available through the tascadero Improvement Committee to rebuild the Pavilion into a community meeting structure that would comply with all current codes. The present occupancy, by less than 50 people would not require any further corrective work. As I recommended in my memo several weeks ago, $36,000 should be allocated to fund structural repairs to the fourth floor of the Adminstration Building as soon as possible, and when complete, this area could be returned to 'public activity as previously existed. eZNCE McPHERSON IM:vh att. ',�U � S -�✓ • 7210 sq. ft. Gross Area = Sprinklers 10,000 sq. ft X $1.30 $13,000. Kitchen Area = 2,500 Structural Repairs = 2,000 Fire Exit Upgrading = 5,000 Emergency Lighting = 1,000 Fire Hydrant = 500 Fire Alarm = 2,500 Total $26,500 10% Contingency 2,650 $29,150 Say - $30,000 c • r M E M O R A N D U M TO: Chief Hicks FROM: Captain Elliott SUBJECT: Public Assembly Use Permit - Atascadero Lake Pavilion Chief, the following Uniform Building Code, California Admin- istrative Code - Title 24 , and. Uniform Fire Code requirements should be met before a Public Assembly Use Permit is issued for this occupancy: 1. An A2 .1 occupancy, according to the current U.B.C. , is not allowed in Type V-nonrated construction. The two alternatives are to upgrade construction to Type V-one-hour throughout or provide automatic fire sprinkler protection throughout the building. 2 . If the sprinkler option was- chosen and Pop's Tackle Shop was to remain, a one-hour occupancy separation (with openings protected by one-hour assemblies) would still be required. 3 . If the construction upgrade option was chosen, the basement of the building would stillhave-to -be fully sprinklered. 4 . Adequate fire and draft stopping would have to be determined and remedied if not sufficient. 5 . Condition of the roof would have to be determined. Portions appear to be sagging at present. 6 . Exit obstructions, such as the gas meter on the south side, should be removed. 7 . An additional door leaf should be added to the exit on the north side. The total door width of all exits is short of the total required for the occupancy load. 8 . Exit number, arrangement, distance, and door hardware appear to be sufficient. 9 . The exit corridor at the main exit would have to be of one- hour fire resistive construction, with all openings 20-minute rated. 10 . Exterior exit balconies must be of one-hour fire-resistive construction. Neither of the side exits are now adequate. M 0 MEMORANDUM - Public Assembly Use Permit - Atascadero Lake Pavilion., Page Two 11 . A Critical Emergency Lighting System would be required by Title 24 C.A.C. 12 . Electrically illuminated exit and exit directional signs would be required with two separate sources of supply. 13 . The maximum flame spread classification of finish materials used on interior walls and ceilings cannot exceed that set forth in U.B.C. Table No. 42-B (exitways - Class II, rooms and areas - Class III) . 14 . The fire hydrant in front would have to be upgraded to meet the fire flow requirement (sprinklered) of 1,750 gpm. 15 . An access roadway for fire apparatus should be provided. 16 . 2A 1OB:C fire extinguishers should be provided by each exit with a 40B:C extinguisher provided in the kitchen. 17 . A hood extinguishing system would be required in the kitchen. 18 . If the building was sprinklered and there were more than 100 heads, the system would have to be alarm supervised at a re- mote location. 19 . All drapes and other decorative-materials would have to be flameproofed throughout-the-building. 20 . Of course, our usual fire code maintenance items (metal trash cans, electrical wiring, etc. ) would also apply. VERN ELLIOTT 11-2-83 VE:pj MF QS AGENDA ITEM# • M E_M 0- RAN D_U_M TO: City Council FROM: City Manager t SUBJECT: Sewer aaa g2 n policies DATE: November 10, 1983 The attached memo addresses the issue of sewer service exten- sions outside of the Improvement District. The underlying concern in any extension policy is that the property owners within the District who have been paying for sewer facilities do not find themselves with- out access to those facilities when they need them. The policies being' suggested by Mr. McPherson are designed to pro- vide a sinking fund which is to assure the financial resources to build plant capacity or collector capacity when that need arises. The essence of the proposed policy is that sewer extensions not be granted so as to preclude ; those who have been paying the bonds from benefit- ting from their efforts and that those getting ,the extensions pay their fair share. • It should be noted that the plumbing fixture `unit approach is based upon average flows as extracted from the Plumbing Code. I have attached a copy of Sanitation District Ordinance Article 8 which provides the steps presently necessary for annexing additional property and which are suggested for revision. The approach recommended by Mr. McPherson seems to be reasonable' and gives consideration to the rights of those already within the Im- provement District. M RRAY/ WARDEN MLW:ad v. - c ?,MEMORANDUM • TO: City Manager FROM: Public Works Director SUBJECT: Proposed Policies for Sewer on DATE: November 1, 1983 Within the next several months, the new wastewater treatment facility adjacent to the Salinas River will be operational. At that time, the in- formal restrictions on sewer annexations, imposed by the County Board of Supervisors, will no longer be in effect. Since there has been considerable interest in annexations, especially on South El Camino Real, it is appropriate to make recommendations to Council concerninry the processing of these requests. I am including a recommendation for revisinR the Consolidated Sanitation - District Ordinances to s mil y comput`at and make annexati_on fees t6Ye` -a—` e t bTe.: The_R--�p`US-6d_ annexation fees are based'-on"sewer use factors, with higher Zemand paying higher fees, and also consider total construction • costs of the new plant in order _to.:-:establish-a. plant expansion fund. This recommendation also includes an indexing provision that ,will allow for annual adjustments in the annexation fees based on a recognized national cost index, such as the Consumer's Price Index or the Engineering_News Record Construction Cost Index. The use of such an index will provide a reasonable means of adjustment for inflation so the annexation fund can be used to purchase' additional plant capacity to replace the volume taken by the annexations. It is the goal of this annexation policy to assure that treatment plant capacity is available to those properties within the Improvement District by requiring those properties that wish to annex to pay for necessary future plant expansion through the annexation fees.. The following factors are recommended in the considerations of annexations: 1. All sewer main extensions are to be funded by those requesting annexation, 2. Annexations must be contiguous to the existing Improvement District. 3. In considerationof the annexation request, the proponents shall be required to furnish an engineer's evaluation of adequacy of existing sewer mains affected by the service extension. This would include an evaluation of the down-stream line capacities as well as any possible upgrading of existing lift stations. 4. Ongoing service to the annexed areas shall not require substantially higher costs than other areas presently served. Typical of the con- sideration would be a need for additional sewer lift stations. 5. Annexations will be processed as outlined in Article 8 of the Sanitation District Ordinance. 6. Annexation fees, based on use, will be due and payable prior to any sewer connection in the annexed area. 7. Should the proponent of the annexation wish to receive reimbursement for any sewer main extensions by those connecting within the annexed area, then the proponent shall file a reimbursement map with the City upon completion of the extension. The above considerations can be adopted as a policy statement to guide Staff in processing annexations and making final recommendations to Council. Since all annexations must be reviewed and approved by the Board, it is unnecessary to include those policies into the Sanitation District Ordinance, as they will be a part of that review process. I would propose revising Sections 8.3, 8.4, 8.5, and 8.7 to allow more reasonable annexation fees. Presently. these fees are calculated on the basis of a complicated formula using lot area, front footage, rear setbacks, distance from sewer main, and lateral cost. This method assumes no recognition of effluent volume and, therefore, is not relevant to the use of the property. It is recommended that the following annexation fees be approved and appropriate revisions to the Sanitation- D-istrict Ordinance be made to adopt the fees: 1. Single Family Residence (per unit) $850.00 2. Multiple Family Residential (per unit) 725.00 3. Mobile Home (per unit) 660.00 4. All other commercial or industrial 26.35* *Per plumbing fixture unit as designated in the Uniform Plumbing Code, attached as a supplement to this memo. The above annexation fees were calculated using typical sewer use volumes for the various uses shown. Commercial and industrial annexation fees would be based on a tabulation of the total fixture units connected to the sewer system, with the annexation fees collected upon development and prior to connection to the system. The fees also factor in the present plant capacity as well as the total replacement or expansion cost for the facility. The Annexation fees proposed here are calculated to allow funds to be accumulated to offset the cost of future plant expansions to accommodate the annexations that occur without jeopardizing the treatment capacity required by the existing Improvement District. r 0 • The fees and policies proposed here would be valid for isolated or lar-ge scale annexations and would also-be appropriate for those areas already identified in the cease and desist order issued by the Regional Water Quality Control Board. ASSUMED SEWER USE FACTORS Typical single family residence - 32 fixture units Total use = 320 gal./day sewer effluent Assume 1 fixture unit generates 10 gal./day sewer effluent Treatment Plant Capacity - 1,396,000 gal./day Total Construction Cost (Form 5 - Revenue Program) = $3,678,900 Plant Replacement Cost = $26.35 per fixture unit For: 1. Single Family - 32 F.U. ($26,.35) _ $843.20 Say - 850.00 2. Multiple Family 27.5 F.U. ($26.35) = 724.63 Say - 725.00 3. Mobile Home - 25 F.U. ($26.35) = 658.75 Say 660 00 4. Other Uses - $26.35 per plumbing fixture unit Following is an example of how the indexing system would operate: For a Single Family Residence ` 1984 Cost Index = 100 Annexation Fee = $850 During 1984 this account would provide a total of $21.50 into the capital replacement fund through the normal sewer rates, in addition to the annexation charge for a total of $871.50. Each additional year 17% of the sewer use rate would go toward capital replacement or expansion. If the same lot were annexed in 1990 and the cost index has increased 150% the annexation fee would be $1,275. This compares with a projected capital reserve for the 1984 annexation of $1,600, including all annexation fees, capital replacement fees, and interest for six years. LAWRE E McPHERSON Plumbing Fixture Units The table below is taken from the 1982 Uniform Plumbing Code. This table shows unit values for typical plumbing fixtures and it is this table that will be used to evaluate fixture units in the case of commercial and industrial uses. The value of the fixture unit is based on total effluent volume generated by each type of plumbing fixture. As an example, If a commercial development is proposed that contains plumbing fixtures with a total of 60 fixture units, the annexation fee would be 60 X $26.35 = $1,581. TABLE 4.1 Minimum Trap&Trap Arm Size Kind of Fixture (inches) (mm) Units Bathtubs. . . . . . . . . ... .. . . . . ..... . . . . . . 11/2 (38.1) 2 Bidets . . . . . . . . . . . . . . . . . . . 11/2 (38.1) 2 Dental units or cuspidors . . .. . . . . . .. . . 11/4 (31.8) 1 Drinking fountains. . . . . . . . .... . . . . . . . 11/4 (31.8) 1 Floordrains .. . . . . .. . . . . . . . 2 (50.8) 2 *Interceptors for grease,oil,solids,etc. 2 (50.8) 3 'Interceptors for sand,auto wash,etc. .. 3 (76.2) 6 Laundry tubs . . 1 Vz (38.1) 2 Clothes washers . . . . . . ... 2 (50.8) 2 "Receptors (floor sinks), indirect waste receptors for refrigerators,coffee urns, water stations,etc. .. . . . . . . . .. . . . .. 1'/2 (38.1) 1 'Receptors, indirect waste receptors for commercial sinks, dishwashers, air- washers,etc. . . 2 (50.8) 3 Showers,single stalls . . .. . . . . . . . . . . . . 2 (50.8) 2 *Showers,gang,(one unit per head). . .. . 2 (50.8) Sinks, bar, private (11/2" (38.1 mm) min. waste). . . . . . . . .. . . . . . . . . . . . . . . . . . 11/2 (38.1) 1 Sinks, bar, commercial(2"(50.8 mm)min. waste). . . . . . . . . . . . . . . . . . . . . . . . . . . 11/2 (38.1) 2 Sinks, commercial or industrial, schools, etc. including dishwashers, wash up sinks and wash fountains(2"(50.8 mm) min.waste). . . . . . . . . . .. . . .. . . . . . . . 11/2 138.1) 3 Sinks,flushing rim,clinic . . . . . . . . . . . . . 3 (76.2) 6 Sinks, and/or dishwashers (residential) (50.8 mm)min.waste) 11/2 (38.1) 2 Sinks,service. . . . . . . . . . . . . . . . . . . . . . . 2 (50.8) 3 Mobile home park traps (one(1) for each trailer) . . . . . . 3 (76.2) 6 . . . . . . . . . . Urinals,pedestal,trap arm only . . . . . . . . 3 (76.2) 6 Urinals,stall . . . . . . . . . . . 2 (50.8) 2 Urinals,wall(2"(50.8 mm)min.waste) . . . 11/2 (38.1) 2 Wash basins(lavatories)single . . . . . . . . 11/4 (31.8) 1 Wash basins,in sets . . . . . . . . 11/2 (38.1) 2 'Water closet, private installation, trap arm only . . . . . . . . . . . . . . . . . . . . . . . . . 3 (76.2) 4 Water closet,public installation,trap arm only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 (76.2) 6 'NOTE-The size and discharge rating of each indirect waste recep- tor and each interceptor shall be based on the total rated discharge • +++' 9 'p +he line anq. futYng the clean;n,.r_in +hc 'IV,, bra ch in an approved manner. However in the case of the clean-out near t junction of the public sewer, the "Y" branch shall be extended to a dept of not more than two (2) feet, nor less than one (1) foot ,� tr below the sur a of the ground before the clean-out is installed. 7_7 No portion f a building sewer, or its connection to the public sewer, shall be cove d or concealed in any manner until it has been inspected and approved b the District. 7`8 All piping and all joints 'n each building sewer are to be watertight r . =, 41- and shall be tested by filling he building sewer with water, in its entirety or in sections, in such a ma ner that no part is tested with less than a three (3) foot head of water. 44�Y^`+^4F, 7.9 Drainage piping serving fixtures locate at an elevation of less than 9 PP 9 9 one foot above .the nearest upstream manhole over in the main sewer serving said fixtures shall drain by gravity into he main sewer, and W ``€a" shall be protected from backflow of sewage by instalting an approved vhzii type back water valve and each such back water valve sh I be installed yP , a'i4 Na''.} 4 + only in that _branch or section of the drainage system which r elves the ,:.. .. discharge from fixtures located less than one foot above the arest le w _ upstream manhole cover. (Added by Oidinance #54, Mdy 24, 1982) r '� •'� ARTICLE 8. ANNEXATIONS ` f 881 (Deleted by Ordinance #54, May 24, 1982) 8.2 Service to Annexed Areas: t (Amended by Ordinance #6, February 4, 1974) (1) When an area is annexed to Improvement District No. 1, the SF requestor shall have an estimate of the cost of extending sewer lines and otherwise providing sewer service to the lots within said annexation prepared by a Civil Engineer registered in the State of California. Said estimate shall not include the cost of ,f lateral sewers. This estimate and the proportional share to be borne by each lot shall be furnished to the owners of the annexed property. (Amended by Ordinance #54, May 24, 1982) rte"=�'�• � ,:: ;t 14 a (2) Requestor shall submit improvement plans of the proposed extension, prepared by a Civil Engineer registered in the State of California, for approval by the City Engineer. (Amended by Ordinance #54, May 24, 1982) ,�.�, -,�,•� ��x.-n•-z� =t K -...i=;,��; (3) The owners of such annexed property shall execute and file an agreement with the District as spelled out in Section 5.1(3) of this Ordinance Code. (4) No hookup to the public sewer will be permitted until all `- improvement work has been completed to the satisfaction of the City Engineer and all charges have been paid by the requestor Y~` in accordance with the provisions of this Ordinance Code. `� enter"Kr n H Inspection costs shall be paid by re uestor as set forth in Section 5.1(3) of this Ordinance Code. (Amended by Ordinance #54, May 24, 1982) * -* (5) The District may approve a refund agreement with persons who r' have paid more than their proportional cost of the sewer service extension. Said agreement shall provide for reimburse r ment of the.excess, cost borne by said persons at such time within fifteen (15) years as money is paid to the District for service from said sewer service extension. + (6) No sewer service shall be provided to any lot by lateral sewer connection to said sewer service extension until the owner of said lot has paid a proportional share of the cost of said service extension, or has entered into an agreement with the District to pay such share of the cost in annual installments, w y over a period not to exceed fifteen (15) years, with interest accrued at six (6) percent per year compounded annually on the unpaid balance. 8.3 In-Lieu Assessment Fees: Using the rules and formulas which were w used in the Assessment District No. 1 proceedings, the District shall determine the amount of an equivalent assessment for each lot annexed to Improvement District No. 1 to which sewer service is to be extended. When the estimate of the cost of extending sewer service to a particular lot, as described in Section 8.2, is less than said equivalent assessment, then an in-lieu assessment fee shall be charged for providing sewer 15 ,q''igu f�� service to said lot. Said in-lieu assessment fee shall be equal to the 0 difference between the actual cost of providing sewer service to said lot f., and the aforesaid equivalent assessment, except that the estimate of the costs may be used in computing the in-lieu fee, subject to adjustment a , when actual costs have been determined. 8.4 Payment of In-Lieu Assessment Fees: The in-lieu assessment fee a" shall be paid before a permit is issued for a sewer connection, except that when the in-lieu assessment fee for a property under one ownership exceeds Three Hundred Dollars ($300.00) then this fee may be paid in �:• ' installments, over a period not to exceed fifteen (15) years, with the A ;r E c_ first installment to be made before the issuance of the permit and to be U '' ' f, ? at least ten percent (10%) of the in-lieu assessment fee, with interest f r accrued at six percent (6$) per year on the unpaid balance. When a property owner .elects the installment method of payment, then an install- ment agreement shall be executed by the owner and the District, and the amount of the fee shall be recorded in the Office of the San Luis Obispo County Recorder as a lien against said lot, pursuant to Health and Safety Code Section 5474. (Amended by Ordinance #4, February 5, 1972) 8.5 Annexation of New Assessment Districts: When a number of lots 4 are annexed to the Improvement District at the same time, and it is intended to form an assessment district to finance the construction of sewer collection facilities to serve said lots, then the provisions bf Sections 8.2, 8.3 and 8.4 shall not apply. If the obligation incurred by the new assessment district results in assessments against the majority of property owners which are less than the costs incurred by property owner originally within Assessment District No. 1, the District may levy + 'Z1an in-lieu assessment fee sufficient to make the total obligation commen- �' � f'`• - r curate within the two assessment districts. 8.6 Disposition of Collected Funds: All in-Lieu assessment fees and deposits for the construction of sewer service extensions shall be de- " posited in the Sewer Facilities Fund (Article 10). _ 8.7 Payment of Board of Equalization Fee: In addition tl all other fees, the owner or owners of real property to be annexed to the Atascadero County Sanitation District and/or to an Improvement District located r; T therein, shall pay to the San Luis Obispo County Local Agency Formation Commission at the time of commencement of any such annexation proceed- ings, the full amount of any fees charged by the State Board of Equaliza- tion for any such annexation or annexations. d s _ Added b y , ( y Ordinance #4, February 51972) ARTIetE 9. PROHIBITED Exsel!ARGES q, 9.1 No person shall discharge or cause to be discharged any storm- Tis A � r ater, surface water, groundwater, roof runoff, sub-surface drainage, un c ntaminated cooling water, or unpolluted industrial process waters to any s itary sewer. 992 No erson shall discharge or causeto be discharged any of the following de cribed waters or wastes to any public sewers: - i (a) Any asoline, benzene, naphtha, fuel oil, or other flammable or expl ive liquid, solid, or gas. (b) Any wate or wastes containing toxic or poisonous solids, liquids, or ses in sufficient quantity, either singly or by interaction-:with. other wastes, to injure or interfere with any waste water treat nt process or constitute a hazard to hu- �: mans or animals, or eate any hazard in the receiving waters of the waste water treat nt plant. r (c) Any waters or wastes havi a pH lower than 5.5, or having any other corrosive property capable of causing damage o`r . s TL.Y .. zN hazard to structures, equipment, and personnel of the waste water treatment and collection. (d) Solid or viscious substances in qua tities or of such size capable of causing obstruction to the flo in sewers, or other �^ s• interference with the proper operation o the waste water 4a. treatment-collection works such as, but not li 'ted to, ashes, cinders, sand, mud, straw, shavings, metal, lass, rags, feathers, tar, plastics, wood, unground garbage, per ma- terials such as newspapers, dishes, cups, milk containe and meat processing plant wastes such as animal skins, intesti es, fleshings, and paunch materials retained on a screen havin 17