HomeMy WebLinkAboutAgenda Packet 01/09/1984 AGENDA - ATASCADERO CITY COUNCIL
Regular Meeting
January 9, 1984 7:30 p.m.
Atascadero Administration Building
Call to Order
Pledge of Allegiance
Invocation
Roll Calf
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 enactedby one motion in the form Listed
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 December 12, 1983 (,RECOM-
MEND APPROVAL)
2. Treasurer 's Report 12/1/83 to 12/31/83 (RECOMMEND APPROVAL)
3. Finance Director's Report - 12/1/83 to 12/31/83 (RECOMMEND
APPROVAL
4 Claim of Sue Van Benthuysen for damages in the amount of
$100,000 (RECOMMEND DENIAL)
5. Acceptance of Parcel Map AT 830318:1,_ 9805 Laurel and 11770
Cenegal (Lots 4, 14b, Block 42) Jim Rockstad (Twin Cities
Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION
RECOMMENDATION)
6. Acceptance of Parcel Map 8-83, 9855 Laurel Road (Lot 8, Block
42) Fred .and Gail Werner (Twin Cities Engineering) (RECOMMEND
APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
7. Acceptance of Parcel Map AT 811203:1, 11705 El Camino Real
(Ptn. Lots 3 and 4, Block 66) Edward and Judy Young
(Hilliard) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM-
MENDATION)
8. Acceptance of Parcel Map AT 820504:1, behind 7275-7425
Carmelita )Lots 5,6,7 ,8, Block UB and portion of Atascadero
Creek Reservation #6) Jim Haun (Stewart) (RECOMMENDAPPROVAL
OF PLANNING COMMISSION RECOMMENDATION)
9. Time Extension for TENATIVE TRACT MAP 830 , 7605-7685 Santa
Ysabel (Lots 12,13, Block GA) Casa Ysabel (RECOMMEND APPROVAL
OF PLANNING COMMISSION RECOMMENDATION)
10. Acceptance of Parcel Map 2-83, 10510 San Marcos Road (Lot 22,
Block 30) John White/Donald Auten (Twin Cities Engineering)
(RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
11. Acceptance of Parcel Map 1-83, 10800 San Marcos Road (Ptn.
Lot 3, Block 41) Jennie Lee (Twin Cities Engineering) (RECOM-
MEND APPROVAL -OF' PLANNING COMMISSION RECOMMENDATION)
B HEARINGS, APPEARANCES AND REPORTS
1. Request from Public Works Director for authorization for bud-
get amendment changing the classification of Assistant Civil
Engineer to Associate Civil Engineer in the current year bud-
get.
2. General Plan Amendment GP1A-84 Environmental Determination.
Property bounded by Santa Barbara Road, El Camino Real, San
Diego Road and Highway 101 To amend the land use desig-
nation to a commercial and/or industrial designation
C. UNFINISHED BUSINESS
1. Ordinance 74 - Precluding the development of second or
companion residential units within single family residential
zoning districts. (second reading)
2. Resolution 1-84 authorizing establishment for the purchase of
copies of the Municipal Code and replacement pages thereto
3. Request from owner of The Menagerie for limited parking at
his business frontage.
D. NEW BUSINESS
1. Petiti for Street Maintenance District San Fernando Road
_ 2. Martin Luther King Jr. Day - requesting Council determination
of observing the third Monday in January as a holiday
effective 1984 pursuant to proclamation made by Governor' s
Office
3. Selection of Consultant for Facilities Plan Study Approve
selection of joint venture by QUAD CONSULTANTS and JOHN
CAROLLO ENGINEERS; and authorize City Manager to execute
appropriate contract.
2 •
4. Adoption of Ordinance No. 75 amending the text of _Title 9
(Zoning Regulations) concerning arcades (first reading)
5. Resolution 4-84 designating an agent for matters pertaining
to local agency Federal Aid Emergency Relief Projects in the
City of Atasacadero
6. Resolution No. 3-84 requesting the Board of Supervisors of
the County of San Luis Obispo to Consolidate a General
Municipal Election of the City of Atascadero to be held on
June 5, 1984 with the Direct Primary Election to be held on
June 5, 1984 pursuant to Section 23302 of the Elections Code
7. Resolution No. 2-84 adopting regulations for candidates
for elective office pertaining to materials submitted
to the electorate and the costs thereof of all ; General
Municipal Elections to be held by said City
E. ATASCADERO COUNTY SANITATION' DISTRICT
None
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 for consider potential
litigations; no announcement after the closed session is
anticipated.
3
AGENDA
MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting
December 12 , 1983
Atascadero Administration Building
The meeting was called to order at 7:30 p.m, with the Pledge
of Allegiance. Reverend Bob Chapman of the Central Coast Christian
Fellowship , Church gave the invocation.
ROLL CALL
Present: Councilmen Molina, Nelson, Stover, Wilkins and Mayor Mackey
Absent: None
STAFF
Present: Murray Warden, City Manager; Ralph Dowell, Finance Director;
Allen Grimes, City Attorney; PatsyHester, Deputy City Clerk;
Bud McHale, Police Chief; Larry McPherson, Public Works
Director; Barbara Norris, City Clerk; Steve Rizzuto, City
Treasurer; and Larry Stevens, Planning Director.
• PUBLIC COMMENTS
None
COUNCIL COMMENTS
1. Councilman Molina congratulated the Atascadero Greyhounds
for their success this football season.
2 Councilman Molina requested that Item D-8 be discussed first
under New Business. Council had no objections.
A. CONSENT CALENDAR
1. Minutes of the regular meeting of November 28 1983 (RECOM-
MEND APPROVAL)
2. Treasurer's Report, November 1, 1983, to November 30, 1983
(RECOMMEND ,APPROVAL)
3. Finance Director' s Report, November 1`, 1983, to November 30,
1983 (RECOMMEND APPROVAL)
4. Acceptance of Parcel Map AT 820713:1,' 3675 and 3750 Ardilla
Road (Lots 43, 44 , Block 17) Vera Hand/Lloyd King (Stewart)
(RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) '
MINUTES - ATASCADE'RO CITY COUNCIL - DECEMBER 12 , 1983 •
5 . Acceptance of Parcel Map AT 830422 :1, 6900 Portola/6900 San
Marcos Road_ (Ptn. Lot 1, Block 15) A.I. Jones (Hilliard)
(RECOMMEND APPROVAL OF PLANNING COMMISSION ,RECOMMENDATION)
6. Acceptance of Parcel Map AT 810205.1, 9755 Atascadero Road
(Lot 8, Block 11) Benny/Currier/Bennett (Stewart) - (pre-
viously Dodd) (RECOMMEND APPROVAL OF PLANNING COMMISSION
RECOMMENDATION)
7. Acceptance;of Parcel Map AT 811009 :1, 4800 Obispo Road (Lot
33, Block 49) Mark Jepson (Hilliard) (RECOMMEND APPROVAL OF
PLANNING COMMISSION RECOMMENDATION)
8. Acceptance of Subdivision Improvement Agreement and Bond
for the Road Improvements on Obispo Road, Mark Jepson (Hil-
liard) (RECOMMEND APPROVAL)
Mayor Mackey reviewed all items on the Consent Calendar.
MOTION: Councilman Wilkins moved to approve Items A-1 through A-8
of the Consent Calendar. The motion was seconded by Council-
man Nelson and unanimously carried by roll call vote.
•
B. HEARINGS, APPEARANCES AND REPORTS
1. City AttorneyReport No. 26
Mr. Grimes presented a report from the Legal Advocacy Committee.
He requested that the City join as 'amici in the cases of Los Angeles
County Federation of Labor, etc. , et al.. vs. County of Los Angeles
and Hudson & Associatesws.; City of Chula Vista.
Mr. Grimes reviewed several cases discussed by the Committee and
pending litigation in the City. He recently received a Fourth Amended
Petition in the case of Larrison vs. City. He stated that the JPA
is handling the matter of Halliday vs. City.
MOTION: Councilman Wilkins moved to join as amici in the cases of
Los-Angeles County Federation of Labor, etc. ,: et 'al'. 'Vs.
County of Los Angeles and Hudson & Assoc ates- 'v's. 'Cit of
Chula Vista. The motion was seconded by Councilman Nelson
and unanimously carried.
2. Public Hearing to consider recommendations for Zoning Ord-
inance amendments to adopt regulations for game arcades
and coin-operated machines
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MINUTES - ATASCADERO CITY COUNCIL - DECEMBER 12 , 1983
Mr. Stevens stated that the Planning Commission had conducted
public hearings approving a proposed zoning ordinance amendment.
He presented findings and recommended that staff be directed to
bring back an ordinance for first, reading.
MOTION: Councilman Nelson moved to prepare an ordinance for first
reading with the recommendations and findings from the
Planning Commission. The motion was seconded by Councilman
Wilkins and carried with Councilman Molina voting no.
C. UNFINISHED BUSINESS
1. Ordinance No. 74 findings of fact concerning decision not
to authorize changes in the Zoning Ordinance to permit
second residential units known as "Granny Housing" - first
reading (recommend adoption)
MOTION: Councilman Molina moved to read Ordinance No. 74 by title
only. The motion was seconded by Councilman Stover and
unanimously carried.
Mayor Mackey read Ordinance No. 74 by title only.
iMOTION: Councilman Molina moved that this constitute the first reading
of Ordinance No. 74 . The motion was seconded by Councilman
Stover and carried by roll call vote.
2. Consideration of Phase II renovation project to include
discussion of specific items of work necessary to provide
repairs, installation .or reconstruction of mechanical,
plumbing and electrical facilities (recommend approval)
Larry McPherson outlined various items approved in the FY 1983-84
budget for the Phase II renovation project of the Administration
Building. He recommended the Council authorize_ completion of the
project as budgeted in order to provide functional work areas with
adequate. heating, electrical and plumbing systems.
MOTION: Councilman Wilkins moved to proceed with Phase II as
presented and directed staff to proceed with the conversion.
The motion was seconded by Councilman Nelson and carried on
the following roll call vote:
AYES : Councilmen Nelson, Stover, Wilkins and Mayor Mackey
NOES : Councilman Molina
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• •
MINUTES - ATASCADERO CITY COUNCIL - DECEMBER 12, 1983
D. NEW BUSINESS
1. Consideration to move elections from June to November
Mr. Warden asked Council if they wished to consider whether the
election should remain in June or be changed to the November General
Election. He stated that other cities are moving to the November
election date for a variety of reasons. Among these reasons were
concern with reviewing the budget and annual salary negotiations
process from the election process. Also some have argued that a
higher voter turn-out during the General Election is advantageous
to City affairs.
Norma Scott and Mr. La Salle spoke against changing the election
date. Russell Goodrich felt that the issue should be on a ballot.
MOTION: Councilman Molina moved not to act on this at this time and
to adhere to Ordinance No. 45. The motion was seconded by
Councilman Nelson and unanimously carried.
2. Analysis of acquisition of Polin property as donation for
Library purposes and consideration of Resolution No. 54-83
approving .
Mr. Warden presented an analysis of the library site offered as
a donation by Martin Polin. He recommended accepting the offer with
no commitments to building the library at this time.
Sarah Gronstrand, representing Friends of the Library, felt that
the gift should not be refused.
John McNeil asked if there was any time restrictions as to when
the library would be built on the site. He felt that this donation
should be accepted. Mr. Warden responded that there is no time
limit.
Aileen Cunningham stated that she is gathering signatures in
favor of accepting the lot.
Betty Putnam was in favor of accepting the lot but felt that the
site was not suitable for a library.
Dorothy McNeil, Ellen Baer, Gail Ryan, and Clay Cunningham spoke
in favor of accepting the donation.
Russell Goodrich felt that accepting the `lot for a library would
be a mistake.
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MINUTES - ATASCADERO CITY COUNCIL - DECEMBER 12, 1983
MOTION: Councilman Wilkins moved to accept the lot. The motion was
seconded by Councilman Nelson and unanimously carried.
MOTION: Councilman Nelson moved to adopt Resolution No. 54-83 . The
motion was seconded by Councilman. Wilkins and unanimously
carried by roll call vote.
MOTION: Councilman Wilkins moved not to make a commitment at this
time to fund a library. The motion was seconded by Council-
man Nelson and unanimously carried.
RECESS 9: 23 p.m. RECONVENE 9: 29 p.m.
3. Consideration of bid to construct drainage structures
Mr. McPherson stated that two bids were received and recommended
that the bid from Young Brothers for $12,159 be accepted.
MOTION: Councilman Wilkins moved to award the bid to Young Brothers
for $12,159 toconstructdrainage structures. The motion
was seconded by Councilman Stover and unanimously carried
by roll call vote.
4 . Request for approval to transfer from Contingency Reserve
$19, 578.63 to provide funds to pay for unexpected costs
associated with the past wildland, fire season and anticipated
costs for remainder of FY 1983-84 (recommend approval)
Mr. Warden stated that there have been unexpected. costs assoc-
iated with the past fire season. He requested approval to transfer
funds from Contingency Reserve to provide for these costs and for
anticipated costs for the remainder of FY 1983-84 .
MOTION: Councilman Molina moved to approve the request of transfer-
ring $19, 578. 63 from Contingency Reserve. The motion was
seconded by Councilman Wilkins and unanimously carried by
roll call vote.
5. Requests for City to provide defense to City and individual
City employees named as defendants in the case of Halliday
vs. City of Atascadero, et al. (recommend approval)
Mr. Warden requested that, upon advice of the City Attorney,
the Council provide defense for the City and individual City
-5-
9 .
MINUTES ATASCADERO CITY COUNCIL - DECEMBER 12, 1983
employees named in the case of Halliday vs. City. He stated that
the JPA and JPA carrier will be defending the suit.
Mr. Grimes stated that the City is req_uired .to provide defense
if requested, and if the following conditions are satisfied: (1)
each of the defendants was acting within the scope of employment;
(2) each of them committed no actual fraud, corruption, or malice;
and (3) that their defense would not be in conflict with the defense
for the City. The City Attorney recommended approving the requests
for defense. The Council members indicated their understanding of
these conditions.
MOTION: Councilman Wilkins moved to approve the request for defense.
The motion was seconded by Councilman Stover and unanimously
carried.
6 . Adoption of Ordinance No. 73 amending the Bradley-Burns
Uniform Local Sales and Use Tax Law as adopted by Ordinance
No. 3 . Changes are mandated by State legislative action
(recommend adoption)
Mr. Warden stated that legislation had been passed requiring the
amendment of Ordinance No. 3 and Section 3-4.10 of the Municipal
Code. He stated that the purpose of this amendment is to delete the le
exemptions for operators of waterborne vessels.
MOTION: Councilman Wilkins moved to read Ordinance No. 73 by title
only. The motion was seconded by Councilman Stover and
unanimously carried.
Mayor Mackey read Ordinance No. 73 by title only.
MOTION: Councilman Wilkins moved to adopt _Ordinance No. 73 . The
motion was seconded by Councilman Molina and unanimously
carried by roll call vote.
7. Adoption of Resolution No. 53-83 approving exchange of
Lakeview property for lots fronting on Highway 41 and Lake
parking area (recommend adoption)
MOTION: Councilman Nelson moved to allow the City Manager to reach
an agreement with the County of San Luis Obispo, subject to
approval of the City Attorney, that the transfer of the
Lakeview property be subject to a restriction of use for
recreational or public purposes and to provide for reversion
of the property so acquired to the County should the City of
Atascadero transfer title to said property to a non-public
-6-
MINUTES - ATASCADERO CITY COUNCIL - DECEMBER 12, 1983
entity and authorize the City Manager to enter into that
contract. The motion was seconded by Councilman Wilkins
and carried unanimously.
Mayor Mackey read Resolution No. 53-83 by title only.
MOTION: Councilman Wilkins moved to adopt Resolution No. 53-83 . The
motion was seconded by Councilman Stover and unanimously
carried by roll call vote.
8. Adoption of Resolution No. 52-83 approving amending lease
with the State of California for the South Atascadero Park
site (recommend adoption)
MOTION: Councilman Wilkins moved to adopt Resolution No. 52-83. The
motion was seconded by Councilman Stover and unanimously
carried by roll call vote.
E. ATASCADERO COUNTY SANITATION DISTRICT
None
F. INDIVIDUAL DETERMINATION AND/OR ACTION
1. City Council
a. Councilman Wilkins wished the other Council members, staff
and the news media a Merry Christmas.
b. Councilman Nelson inquired about the sewer annexation.
Mr. McPherson stated that Council had approved the extension policies
to enable staff to review those requests and that staff is preparing
an ordinance to revise the fees.
C. Councilman Nelson asked if the city is going to hold an
open house in 1984. There was no positive response from the Council.
d. Councilman Stover stated that there is a dog problem on
Carrizo Road on which he resides.
Doug Lewis commented that he had contacted Animal Control and
they suggested the use of chemicals on problem dogs.
2. City Attorney
None
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MINUTES - ATASCADERO CITY COUNCIL - DECEMBER 12, 1983
3. City Clerk
None
4. City Treasurer
None
5. City Manager
a. Mr. Warden reminded Council that the meeting of December
27 had been cancelled. The next meeting will be held on January 9.
b. Mr. Warden stated that there were 14 Dial-a-Ride riders
for the Thanksgiving dinner. He stated that there appeared to be a
lack of coordination in notifying the seniors about the rides.
The meeting adjourned at 10: 00 p.m.
Recorded by:
BARBARA NORRIS, City Clerk
By:
PATSY A. HESTER
Deputy City Clerk
-8-
&FETING AGENDA
ATE Y" 4`11- ITEM# t �
CITY OF ATASCACERO
• TREASURER'S REPORT
DECEMBER 1, 1983 TO DECEMBER- 31, 1983
RECEIPTS
TAXES
Property Tax 325,962.88
Cigarette Tax 3,439.82
Motor Vehicle "In Lieu" 26,970.80
Sales & Use 143,475.67
LICENSES/PERMITS/FEES 23,866.01
GAS TAX - 20,310.94
TRAFFIC SAFETY 4,107.77
RECREATION FEES 5,314.90
RETURNED FROM LOCAL AGENCY INVESTMENT FUND
AND MATURED TIME DEPOSITS 255,000.00
INTEREST ON INVESTMENTS 701.54
TRANSPORTATION SB-325 -0-
• REVENUE SHARING -0-
GRANTS -0-
MISCELLANEOUS
Rents/Concessions 649.66
Sale Maps/Publications/Reports 345.40
Special Police Services 23.00
Fines & Penalties 698.02
Dial=A-Ride Farebox 1,778.30
Bails/Bonds 370.00
Reimbursement to Expense 476.63
Wil-Mar Refuse Contract -0-
P.O.S.T. Reimbursement 218.2`9
Narcotics Officer Reimbursement 2,413..54
Donations 1,561.00
Maintenance Districts 4,479 .41
Weed Abatement 4,500.4`0
Miscellaneous 1,543.95
TOTAL $ 828,207.93
1
i !
CITY OF ATASCADERO
TREASURER'S REPORT
DECEMBER 1, 1983 TO DECEMBER 31, 1983
INVESTMENTS
LOCAL AGENCY INVESTMENT FUND 840,000.00
TIME DEPOSIT, CITICORP SAVINGS
10.00% INTEREST, MATURES 01/23/84 100,000.00
TIME DEPOSIT, SANTA BARBARA SAVINGS
11.00% INTEREST, MATURES 06/15/83 100,000.00
s
TOTAL INVESTMENT DEPOSITS 1,040,000.00
Steven M. izzvrt reasu e
2
D
CITY OF ATASCADERO
• FINANCE DIRECTOR'S REPORT
DECEMBER 1, 1983 TO DECEMBER 31, 1983
BALANCE AS OF,-NOVEMBER '30, 1983 2,467.36
DEPOSITED BY TREASURER, SEE RECEIPTS',
TREASURER'S REPORT, PAGE 1 $28,207 93
TOTAL 830,675.29
HAND CHECK REGISTER DATED 12/31/83 71,553.11
CHECK REGISTER DATED 12/13/83 90,460.67
CHECK REGISTER DATED 12/21/83 312,953.31
CHECK REGISTER DATED 12/28/83 35,0`57.-62
EXPENSE LISTING 99,836.76
TOTAL 609,861.47
BALANCE AS OF DECEMBER 31, 1983 220,813.82
PETTY CASH 200.00
TREASURY INVESTMENTS
• SEE TREASURER REPORT, PAGE 2 1,040 ,000.00
TOTAL $1,261,013.82
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: January 3, 1984
Ralp H. Dowell, Jr.
Finance Director
Mu ray ..Warden
C ' ty_Manager 3
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i
CITY OF ATASCADERO
FINANCE DIRECTOR'S REPORT
DECEMBER 1, 1983 TO DECEMBER 31, 1983
EXPENSE LISTING
PAYROLL DATED 12/14/83 CHECKS #30171-30254 50 ,237.75
PAYROLL DATED 12/28/83 CHECKS #30255-30339 49,812. 87
VOID CK#18352 CK. REG. DATED 12/31/83 ( 25 .00)
VOID CK#18357 CK. REG. DATED 12/31/83 ( 155.47)
VOID CK#18754 CK. REG. DATED 11/30/83 ( 33..39)
TOTAL $ 99,836.76
26 .
AiN� AG�IVDA
D
M E M O R A N D U M`
•
TO: City Council
FROM: City Manager
SUBJECT Claim Sue Van Benthuysen
DATE: January 4, 1984
This item concerns an injury allegedly sustained as the claimant
stepped from the curb on Traffic Way into the street to reach her
car. Our JPA investigator recommends that the claim': be denied. I
concur.
4- 4VRDEN,Y L
Ci y Man ger
•
•
.. A., ;
- _ �
' ACE BELOW FOIL FILIPiG STAMP ONLY)
1 HANSEN AND HANSE1V
INCORPORATED
ATTORNEYS AT LAW
2 607 CRESTON ROAD
POST OFFICE 13O% 1966 •
PASO ROBLES. CALIFORNIA 83448
3 TELEPHONE (80$) 238-8818
V L O }
4
5 Attorneys for
Claimant r NOV 1 6 1983
7
8
9 SUE VAN BENTHUYSEN, Claimant,
CLAIRi AGAIPIST PUBLIC ENTITY
10 VS.
11
CITY OF ATASCADERO, Public entity
12 SUE VAN BENTHUYSEN, hereby presents this claim -to the City `of
13
Atascadero for the sum of $100,000 and makes the following statements in
14 support of the claim
15 1. Claimant's address is:
16
Sue Van Benthuysen
17 8520 Casanova Road
Atascadero, CA '93422
18
19 2. Notices concerning the claim should be sent to:
20 Hansen & Hansen, Incorporated
Attorneys at Law
21 P.D. BoX 1966
Paso Robles, CA 93447
22
23 3 The date and place of the occurrence giving rise to this claim are
24 October 29, 1983, 3:00 p.m. south side of Traffic Way, one half way between El
25 Camino Real and the alley on Traffic Way in the City of Atascadero, California.
26 4. The circumstances giving rise to this claim are as follows: at the
27 above time and place, claimant was stepping from the curb into the street to
28 get in her automobile. The street was dangerous due to a pot hole, w1*
1
1
2 claimant did not see. As a result of this dangerous condition, claimant tripped
and fell into the hole, causing her serious injuries.
3
5. Claimant's injuries are a fractured foot.
4
5 6. The names of the public employees causing the claimant's injuries are
unknown.
6
7. Aly claim as of the date of this claim is $100,000.
7
8. The basis of computation of the above amount is as follows:
8
Medical Expenses
9
10 Loss of Wages
11 General Damages
Total $100,000
12
13 f
14 Dated: November t� , 1983
HANSEN & HANSEN, INC.
15
16
BY:—
O E' F. HANSEN,
On Behalf of Claimant
18
19
20
21
22
23
24
25
26
27
28
2
m,EErN" ANDA
10 '8' (f EIA# '
M E M 0 R A, N D U M
TO: CITY COUNCIL December 29 , 1988
FROM: PLANNING DIRECTOR
SUBJECT: Acceptance of PARCEL MAP AT 830318:1
LOCATION: 9805 Laurel and 11770 Cenegal (Lots 4,_l4b, Block 42)
APPLICANT: Jim Rockstad (Twin Cities Engineering)
On June 13, 1983, the City Council approved Parcel Map AT 830318: 1,
subject to certain conditions and in concurrence with the recommenda-
tion of the Planning Commission. The tentative map approval expires
on June 13, 1985.
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. On December 19, 1983, . the Planning Commis-
sion reviewed the matter on its Consent Calendar and recommends ac-
ceptance of the Final 'Map:
LAWRENCE STEVENS MU RAY WARDEN
Planning Director C ty Ma ager
ps
•
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N7s` 1 AGENDA
E_ —ITEM
M E M O R A N D U M
TO: CITY COUNCIL December 29, 1983
FROM: PLANNING DIRECTOR
SUBJECT: Acceptance of. PARCEL MAP 8-83`
LOCATION: 9855 Laurel Road (Lot 8, Block 42)
APPLICANT: Fred and Gail Werner (Twin Cities Engineering)
On October 10, 1983, the City Council approved Parcel Map 8-83, sub-
ject to certain conditions and in concurrence with the recommendation
of the Planning Commission. The tentative map approval expires on
October 10, 1985
• 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. On December 19, 1983, the Planning Commis-
sion reviewed the matter on its Consent Calendar and recommends ac-
ceptance of the Final Map.
A4-.4
LAWRENCE STEVENS Iciyy
L. RDEN
Planning Director an er
PS
•
5
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AGENDA
1021 9 X-V- ITEM
• M E M 0 R A D U M
TO CITY COUNCIL December 29, 1983
FROM: PLANNING DIRECTOR
SUBJECT: Acceptance of PARCEL MAP AT 811203:1
LOCATION: 11705 E1 Camino Real (Ptn. Lots 3 and 4, Block 66)
APPLICANT: Edward and Judy Young (Hilliard)
On September 13, 1982, the City Council approved Parcel Map AT
811203:1, -subject to certain conditions and in concurrence with the
recommendation of the Planning Commission. The tentative map approval
expires on September 13, 1984
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. On December 19, 1983, the Planning Commis-
sion reviewed the matter on its Consent Calendar and recommends ac-
ceptance-of the Final Map.
LAWRENCE STEVEINS AUFAAYWARDEN
Planning Director Ci y Ma ager
Ps
•
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• MEMORANDUM
TO: CITY COUNCIL December 29, 1983
FROM: PLANNING DIRECTOR
SUBJECT: Acceptance of PARCEL MAP AT 820504:1
LOCATION: Behind 7275-7425 Carmelita (Lots 5,6,7,8, Block UB and
portion of Atascadero Creek Reservation #6)
APPLICANT: Jim Haun (Stewart)
On April 11, 1983, the City Council approved Parcel 'Map AT 820504:1,
subject to certain conditions and in concurrence with the recommenda-
tion of the Planning Commission. The tentative map approval expires
on April 11, 1985.
• The zoning is LSF-Y and the General Plan designation is Moderate Den-
sity Single Family Residential. Staff Review has determined that all
conditions of approval have been met. On December 19, 1983, the Plan-
ning Commission ,reviewed the matter on its Consent Calendar and recom-
mends acceptance of the Final 'Map.
LAWRENCE STEVENS M BRAY . WARDEN
Planning Director ity anager
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• M E M O R A N D U M
TO: CITY COUNCIL December 29, 1983
FROM: PLANNING DIRECTOR
SUBJECT: Time Extension for TENTATIVE TRACT MAP 830
LOCATION: 7605-7685 Santa Ysabel (Lots 12,13, Block GA)
APPLICANT: Casa Ysabel
On December 19, `1983,' the ' Planning Commission reviewed the above sub-
ject request unanimously approving a time extension to December 8,
1984. There was no discussion as the matter was considered on the
Consent Calendar.
• No one appeared on the matter.
/x4lux_
LAWRENCE STEVENS ORRAY WARDEN
Planning Director y anager
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CITY OF ATASCADERO
19188 � � �' 1 9 / •
Planning Department December 19, 1983
STAFF REPORT
SUBJECT: TENTATIVE TRACT MAP 830
LOCATION: 7605-7685 Santa Ysabel (Lots 12,13, Block GA)
APPLICANT Casa Ysabel
REQUEST: To extend the time allowed to complete requirements for an
approved tentative map.
BACKGROUND
1. Existing Zoning: RMF/16
2. General Plan: High Density Multiple Family Residential
3. Site Conditions: The site is currently developed with a 27 unit
apartment which has been utilized as such for several years. •
There are 54 open parking spaces provided and the complex is ac-
cessed via one driveway off Santa Ysabel Avenue.
4. Project Descriptions On June 8, 1981, the City Council approved
Tentative Tract 830 for a period of 18 months. On January 10,
1983 the City Council approved a one year time extension. The ap-
plicant is now asking for an additional one year time extension
for filing a Final Map to convert the existing apartment complex
into residentialcondominiums.
STAFF COMMENTS
On December 1, 1983 the Subdivision Review Board met to discuss the
time extension with the applicant, Murl Bruington. The Board noted
the conditions requiring street improvements, etc. and indicated that
there was no reason not to grant the time extension.
•
'NG
AGENDA
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M E M O R A N D U M
TO: CITY COUNCIL December 29, 1983
FROM: PLANNING DIRECTOR
SUBJECT: Acceptance of PARCEL MAP 2-83
LOCATION: 10510 San Marcos Road (Lot 22 Block 30)
APPLICANT: John White/Donald Auten (Twin Cities Engineering)
On September 26, 1983 the City Council approved Parcel Map 2-83, sub-
ject to certain conditionsand in concurrence with the recommendation
of the Planning Commission. The tentative map approval expires on
September 26, 1985.
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. On December 19, 1983, the Planning Commis-
sion reviewed the matter on its Consent Calendar and - recommends ac-
ceptance of the Final Map
LAWRENCE STEVENS ®RRA . L WARDEN .Planning Director y Manager
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AG=NDA
DATE _Jai ITEM - -=�--
M E M O R A N D U M
TO: CITY 'COUNCIL December 29, 1983
FROM: PLANNING DIRECTOR
SUBJECT: Acceptance of PARCEL MAP 1-83
n-.
LOCATION: 10800 San Marcos Road (Ptn. Lot 3, Block 41)
n.,3
APPLICANT: Jennie Lee (Twin Cities Engineering)
On September 26, 1983 the City Council approved Parcel Map 1-83, sub-
ject to certain conditions and in concurrence with the recommendatRbn
of the Planning Commission. The tentative map approval expires on
September 26, 1985.
d
• 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. On December 19, 1983, the Planning Commma-
sion reviewed the matter on its Consent Calendar and recommends ac-
ceptance- of the Final Map.
LAWRENCE STEVENS RA . WARDEN z
Planning Director alty Aanager
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WETING AGENDA
E_ _ITEAA —
M E M 0 R A N D U M
• TO: City Council
FROM: City Manager
SUBJECT: Staff replacement for Assistant Civil Engineer
DATE: January 4, 1984
As you may remember, Michelle Reynolds left City employment
December 9, 1983 to take a job with better opportunities in her
career field. Michelle was originally hired as an Intern Engineer
while attending Cal Poly and upon graduation was hired as a
trainee to fill the Council approved position.
Prior to hiring Michelle, we had received Council approval to ,
change the position from that of Assitant Civil Engineer to
Associate Civil Engineer. Responses to the Associate position
were unproductivedue, to a variety of reasons, one being the
difficult housing situation that existed at the time.
In order to avoid, the training time required to bring a new
person in at the Assistant level, the Public Works Director is
recommending reinstating the Associate Civil Engineer position.
• The Associate Civil Engineer classification normally carries a
higher experience requirement than that of Assistant Civil
Engineer and should result in obtaining the services of a
qualified engineer.
In summary, the position of Associate Civil Engineer was
previously approved and budgeted,' but was not filled because we
were able to hire Michelle. The position has become vacant as a
result of Michelle's departure. To hire at the Assistant level
would require great expense in training time for Mr. McPherson,
time he does not have available. I , therefore, recommend that you
approve an amendment to the Budget allowing the change from
Assistant Civil Engineer to Associate Civil Engineer in the
Engineering Department budget. We have adequate funds due to the
vacancy and four months leave of absence in another position to
pay for this switch.
MU RAY WARDEN
City M nager
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Management Brokerage Consultation
November 9 , 1983
Mr. Fred Buss
City of Atascadero
Planning Department
P .O . Box 747
Atascadero , CA
Re : Tentative Tract Map 830
7605 - 7685 Santa Ysabel
Dear Mr . Buss ,
As requested by Mr . Moses of your department, this letter
is a request for an extension of at least six months on our
subdivision approval . We are just now receiving favorable
financing packages enabling us to sell to the low and
moderate income families .
Also , with the new State of California changes , we have not
received the 2 year term plus 1 year extension now allowable .
Your consideration would be most appreciated.
SS i'T 1
l f'"
I�o1a Eve ns
General Pa trier for
Casa Ysabel
7605 and 7685 Santa Ysabel Avenue
Atascadero , California
cc : Murl & Keith Bruington, 733 Riven Rock Road
Santa Barbara, CA 93108
81 -
9 , Miramonte Drive, Santa Barbara, California 93109 (805) 963 1636
Tentative Tract Ma '�I30 Casa Ysabel
P ( )
RECOMMENDATION
The Planning Department recommends approval of the time extension sub-
ject to the conditions set forth at the time the project was origi-
nally approved. Approval of this one year time extension shall expire
at 5: 00 p.m. on December 8, 1984.
ACTION
The Planning Commission should, by motion, direct Staff as deemed
appropriate.
REPORT PREPARED B
FRED BUSS
Associate Planner
REPORT APPROVED BY: 4tl't4
J_y
LAWRENCE STEVENS
Planning Director
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M E M O R A N D U M
TO: CITY COUNCIL December '29, 1983'
FROM: PLANNING DIRECTOR
SUBJECT: GENERAL PLAN AMENDMENT`'GP 1A-84 - ENVI'RONMENTAL
DETERMINATION
LOCATION: Property bounded by Santa Barbara Road, E1 Camino Real,
San Diego Road and Highway 101
APPLICANT: Initiated by City Council
REQUEST: To amend the land use designation to a commercial and/or
industrial designation.
On 'December 5, 1983, the Planning Commission reviewed the subject mat-
ter and unanimously recommends that an Environmental Impact Report be
• prepared for the proposed project, as set forth in the attached Staff
Report. The Planning Commission further recommends that, if the` Coun-
cil sees a potential need for additional commercial 'and/or 'industrial
property in this area, the initiation of a, general plan amendment be
reconsidered in favor 'of a feasibility or similar land use study for
the subject area:
The Commission discussed the following matters related to this
project:
- potential increase in land use intensities
traffic and circulation factors
flood hazard conditions
- sewage disposal concerns
- land use policies applicable to the area
It was the consensus of the Commission that CEQA provisions were clear
that an EIR was necesary for this project:
The following persons appeared and commented on the matter :
David Farley, San Diego Way resident, noted that there is a sea-
sonal lake in the adjacent area which he would not like to see
•
General Plan Amendment GP 1A-84
disturbed with possible development of the property and felt that
there are enough traffic hazards in the area already.
Hank` Hohenstein, representing the Chamber of Commerce, spoke in
supportof the amendment and felt that the change would be bene-
ficial to the City. Mr. -Hohenstein stated that the need for an
E.I.R. is more adequately demonstrated through specific develop-
ment proposals rather than through this particular application.
Rex Hendrix, area property owner, asked several questions about
the environmental determination. He stated that perhaps the
entire area between Santa Barbara Road and San Diego Road should
not be considered.
Floyd Connell, San Diego Way resident, felt that there is a need
for an E.I.R.
Jerry Frederick, area property owner , stated before one can in-
terest a prospective property owner, they have to know what they
can or cannot do with a particular piece of property, and felt the
matter should be carefully reviewed and considered - before taking
any action.
John Dearhart, San Diego Way resident, noted that there is a flood
hazard condition that exists along San Diego Road and that there
are many potential impacts that need to be carefully considered.
Gary Larsen, Chamber of Commerce, responded to several questions
from the Commission.
This mattes is referred to Council primarily because the City initi-
ated the application and is responsible to pay for the EIR if the pro-
ject proceeds. At this point, it; appears that the following alterna-
tives are available:
1. Rescind the previous action to initiate a' general 'plan amend-
menu for the subject area. This would leave the matter to
the area property owners if they wanted to pursue a general
plan -change.
2. Determine that the project will not have a significant impact `
upon the environment and authorize a Conditional Negative
Declaration. It should be -noted that legally defensible
findings to support such a determination would be difficult
(if not impossible) to prepare.
3. Authorize Staff to prepare and .distribute RFPs for an _EIR.
An EIR is likely to cost in the range of $12,000. The trans-
fer of funds from contingency reserve could be withheld until
proposals are ,submitted and a consultant selected.
4. Rescind the previous action and direct Staff to conduct a •
land use feasibility study for the subject area.. Recognizing
current projects and ,priorities, Staff estimates ' 4-6 months
to; accomplish such a study. You should also be aware that
2
0 •
General Plan Amendment GP 1A-84
any general plan change is likely to require an EIR although
its scope and cost could be reduced by conducting the land
use study first.
The Council should also be aware of the attached correspondence from
Gary Larson of the Chamber of Commerce (dated December 23) . Apparent-
ly the Chamber sees some beneficial, high-intensity use as appropriate
for the subject area but does not take a position on how (i.e. feasi-
bility study, EIR/General Plan , etc. ) and when that objective should
be achieved. As you may recall, the subject General Plan Amendment
was initiated by the Council at the request of the Chamber. The Plan-
ning Director opposed the request at that time and still questions the
need for additional commercial/industrial property at this time when
there exists sufficient vacant land already zoned and available for
such uses. While it is certainly necessary to consider additional
commercial/industrial needs in a longer range time frame, this should
be accomplished using a broader , community-wide perspective based on
a carefully considered economic development strategy.
LAWRENCE STEVENS M RAY . WARDEN
Planning Director rAtymXnager
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DEC 2 31983
fasca&roc
6550 EL CAMINO REAL ATASCADERO, CALIFORNIA 93422
23 December 1983 TELEPHONE: (805) 466-2044
TO : CITY COUNCIL
FROM: ATASCADERO CHAMBER OF COMMERCE
VIA: CITY MANAGER
PLANNING DIRECTOR
SUBJECT: GENERAL PLAN AMENDMENT GP 1A-84 . .
Reference: Chamber letter, same subject, dated 12 August 1983 .
The Atascadero Chamber of Commerce continues to support actions
which will lead to an examination of portions of the property bounded
by Santa Barbara Road, El Camino Real, San Diego Road and Highway 101
for commercially oriented land uses .
Visualizing for a moment, one could forsee uses such as an R.V.
Park (a Commercial. Tourist zone) where enterprising entrepreneurs
could create a beautiful facility.with minimal problems being created
by the flood zone, the cemetery and other concerns . Such a use, in
our opinion, would be of greater benefit to the city than current or
zoned uses . In addition, the Chamber continues to believe that to be
competitive, we must examine, debate and adjust land uses where
necessary. We cannot assume a potential investor would be willing
to undergo a long, discretionary process to amend the General Plan
and Zoning Ordinances as well as provide an Environmental Impact
Report.
However, although the Chamber supports actions which will lead
.to an examination of the 75 acres in question, we feel it would be
inappropriate at .this point to take a position on the precise form
of that examination (i.e. Environmental Impact Report or Feasibility
Study) believing that matter should be worked out between the City
and the property owners .
S erel ,
GML/fm GARY M. RRSON
Executive anager
c/c
Mr. Rex Hendrix, P.O. 1027, Ata/cadero
Mr. Don Lampman, 9126 San Diego Rd. , Atascadero
Mr. Jerry Frederick, P .O. 197, Atascadero
Mr. James McNary, 2830 Mesa Alta Lane,
Arroyo Grande 93420
W R � ISI-qM^••I rW�rR ,. ,i
" CITY OF ATASCADERO
1915 ® ' , 199
Planning Department December 5, 1983
STAFF REPORT
SUBJECT: GENERAL PLAN AMENDMENT GP 1A-84 - ENVIRONMENTAL
DETERMINATION
LOCATION: Property bounded by Santa Barbara Road, E1 Camino Real,
San Diego Road and Highway 101
APPLICANT: Initiated by City Council
REQUEST: To amend the land use designation to a commercial and/or
industrial designation.
BACKGROUND
1. Past Action: The Chamber of Commerce approached the City Council
and requested that the City initiate a General Plan Amendment for
the subject properties. The Council directed Staff to add the
proposal to the next cycle of General Plan amendments.
2. Existing Zoning: RS and RS (FH)
3. General Plan: Suburban Residential
4. Environmental Determination: Staff has now reviewed GP 1A-84 and
has completed an initial environmental study. The Planning Direc-
tor has determined that an Environmental Impact Report should be
required. This determination to require this E. I.R. is being
brought before the Planning Commission for its affirmation.
5. Site Description: This study area, which contains approximately
75 acres in several different ownerships, is primarily undeveloped
at the present although there are several residences located along
the San Diego Road frontage. The terrain is gently rolling and is
characterized by two side, shallow creeks. Natural grasses and
some trees occur on the site which has been used for grazing in
the past. Access is available from surrounding City streets and
the site is highly visible from Highway 101 with ramp systems at
Santa Barbara and San Diego Roads. Surrounding land uses are
rural residential in character with several churches located
nearby.
6. Project Description: This project is a proposal to change the
land use designation from Suburban Residential to Retail Commer-
cial, Service Commercial, Commercial Park, Industrial Park, or
similar designations in order to facilitate future development.
There is no development proposed at this time. This project is
S
General Plan Amendment GP 1A-84
intended to evaluate the suitability of the property for the above
use and/or a combination thereof.
STAFF ANALYSIS
Attached is a copy of the Initial Study prepared for the proposed
amendment. The study notes numerous unknown and undetermined impacts.
However , several areas of concern have been reviewed in greater detail
including traffic, utilities, flood hazards, soils and archeological.
In the area of traffic impacts, Staff has determined that, if the site
is converted from residential to industrial/commercial, an increase
from anestimated300 trip ends to 26,000 trip ends could be expected.
Traffic -circulation to and from the site would result in potential im-
pacts to intersections along E1 Camino Real and to Freeway off-ramps
as far north as Portola Road. Physical improvements such as road wid-
ening, freeway ramp revisions, and signals will likely be needed to
mitigate those impacts. A review also notes the intersection of Santa
Barbara Road and El Camino Real as an existing problem_ intersection
for traffic accidents.
A preliminary check with the gas and electrical utilities shows that
like all other areas in the community, the needed facilities could
be provided. The location and size of possible sewer services that
will more than likely be needed for the area is undetermined at the
present time. There is the possibility that sewer service may not be
available to the area (which is outside current service areas) and
that would seriously constrain any intensive development.
Flood hazard to the site and additional impacts caused by the devel-
opment of the site have not been determined. The Federal Emergency
Management Agency' s flood insurance maps show approximately half the
site to be within the 100 year flood area. If the site is developed
with commercial/industrial uses as opposed to residential uses, the
present flood runoff will only go higher. It is also noted on the
flood plan that present flood levels will cause problems for existing
culverts in the area.
Soils in the area have been generally reviewed and all are noted as
having septic suitability problems and some have building suitability
problems. Undetermined problems with water quality could also arise
due to a combination of soil conditions, ground water , surface water,
and septic suitability.
A preliminary review of the site indicates a potential for archeologi-
cal impacts due to the conformed existence of the "Dove Cemetery"
(containing potentially 20 graves) .
Clearly, the potential increase in intensity between the land uses
allowable under the existing land use designation and zoning and the
proposed land designation (s) warrants careful scrutiny. Part of the
project will involve evaluating a range and/or combination of a varie-
ty of commercial and industrial alternatives. As a result, the over-
all potential impacts of undetermined types of land use designations
2
General Plan Amendment GP 1A-84
and the undetermined mix of potential land use designations is beyond
the scope of a simple negative or mitigated negative declaration.
i
It should be evident that numerous questions and potential impacts
need further detailing to determine the impacts to the physical envir-
onment caused by the project. It is also necessary to evaluate miti-
gative measures and impacts not only to the site but to the community
in terms of physical, economic, and growth-inducing effects.
FINDINGS
1. The proposed General Plan Amendment will, if approved, have demon-
strable significant impacts on the environment.
2. The Initial Study and related analyses indicate numerous areas of
potentially significant and adverse impacts associated with the
project including but not limited to, traffic and circulation,
land use relationships, flooding, sewage disposal, archaeological
factors and land use policies.
3. An Environmental Impact Report on the proposed project is neces-
sary to identify and evaluate these significant effects, alterna-
tives to the proposed project and mitigative opportunities.
RECOMMENDATION
Based upon the above Findings, the Planning Department recommends that
an Environmental Impact Report be prepared for General Plan Amendment
GP 1A-84.
i
1
ACTION
Direct Staff by motion as deemed appropriate.
I
REPORT PREPARED BY:
JO LS
As ocTate Planner
REPORT APPROVED BY: G
/--�L
LAWRENCE STEVENS
Planning Director
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San Diego-Santa Barbara Roads -RBAN SNGL. FAM. IND!..STRIAL PARK —•—•—•—•—•—
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GENERAL PLAN AMENDMENT GP-lA-84
San Diego-Santa Barbara Roads
Industrial/Commercial
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INCORPORATED JULY 2, 1979
INITIAL STUDY
ENVIRONMENTAL DESCRIPTI*
(To be completed by
applicant)
This form is being used to obtain information concerning your project.
The information you supply will be used to make a determination as to
whether any significant adverse environmental impacts may result from
the proposed project. This form should be submitted to the Planning
Department for evaluation in conjunction with your application. It
is to your advantage to see that all the necessary information is
supplied and is accurate. If the information is inaccurate or not
sufficient, you will be required to submit additional information
upon request.
For Office Use Only:
Applicant Name CITY OF ATASCADERO
File No./Primary
Address P.O. BOX 747 , ATASCADERO , CA Entitlement:
Phone805-466-8000
Contact Person
Name LARRY STEVENS (PLANNING DIR. )
Proposal Title:
Address P.O. BOX 747 , ATASCADERO , CA
Phone 805-466-.8000
Description of Project: GENERAL PLAN AMENDMENT APPLICATION GPlA-84
SAN DIEGO / SANTA BARBARA ROAD,COMMERCIAL/INDUSTRIAL STUDY AREA;
PROPOSED STUDY TO CHANGE THE EXISTING GENERAL PLAN LAND USE DESIGNATION
FROM SUBURBAN SINGLE FAMILY TO COMMERCIAL / INDUSTRIAL DESIGNATIONS (ANY)
Legal Description of Property: LOTS 12 , 13, & 46 and portions of Lots
3,4 ,5 ,6, 7, 8 ,9 ,10 , 11, 14 , 15 ,16 , 41,42 ,43,44 , 45 ,47 of Blk 66 of the Atascader
Colony,Recorded in Bk. AC3,Pgs. 97 - 103 SAN LUIS OBISPO COUNTY
Assessor' s Parcel Number: SEE ATTACHED
A. GENERAL INFORMATION:
I _
1. Will this project produce odors , steam, vapors, or YesX;" No
waste?
2. Is the project to utilize an individual subsurface Yes )(-, No�
sewage system? (if yes, complete Section C of this
form)
3. Is the projecao be connected to existir�sewer Yes No--X-
lines? (if yes, complete Section D of this form)
Unknown
4. Do you contemplate constructing sewage treatment Yes No
facilities?
5 . Will industrial waste be discharged? (if yes , com- Yes X No
plete Sections D and F of this form)
Unknown
6. Will this project have onsite water softening Yes No
regeneration?
7. Site Information: If more detail is needed, attach sheet.
a. Terrain: Level to gently rolling,
0-10% slopes Acres
slopes of 10-30% Acres
steep slopes over 30% Acres
b. Hydrology: springs, streams, lakes, or marshes Yes X No
on the site
Describe: Two creeks croos the site (Paloma Creek and the north
fork of Paloma Creek) flowing from west to east, approximately one
quarter of the site is in the 100 year flood plain.
C. Proposed grading and land changes Unknown at this time
d. Vegetation: All natural vegetation already re- Yes No X
moved or altered
Natural vegetation will be Yes No X
undisturbed
Significant tree-cutting or Yeynknwon
vegetation removal proposed
(describe number of trees, area
affected, etc.)
Total amount of work 'to be done unknown at this time.
e. Are uses on adjacent properties similar to those Yes No--X
proposed on the project site? ;
Different use. Describe single Family Church
f. Describe any other unique or significant features of the
site: Creek beds, freeway frontage, fraontage on El Camino Real,
Dove Cemetary is located on the southeast corner of the site, site
contains areas within the 100 year flood plain.
r Initial Study Environmental Description - -
8. If you think the project will not or cannot have any signifi-
cant environmental effects , indicate your reasons below:
9 . Are any of the following being submitted with this environmental
description?
a. Grading Plan Yes No_X
b. Drainage Plan Yes No X
1. Slope map Yes No X
2 . Contour map Yes No
c. Vegetation Map Yes No-X
1. Trees to be removed Yes No
2 . Trees to be replaced Yes No
3 . Trees to be planted Yes No
If yes to c. (1) ', (2) , or (3) describe:
d. Landscaping plan Yes No _x_
e. Building plan Yes No
10. Amenities in project, such as park areas, open space, common
recreation facilities, natural area. Describe: Unknown at
this time.
11. Are there any proposed signs and/or lighting? Describe:
None
12. Are there any proposed or existing deed restrictions? Yes X No
If yes, describe:
a. nature of restrictions TTnknnwn
b. administrative responsibility
C. maintenance responsibility
11111.1 tL1 V--y -1.V 11 VLllllVll 1.U1
13. Potential impa* on community services:
a. Number of school children in projectReduction of number in project
area but inducements for growth could be large
School districtAtascadero
b. Need for police service Unknown
Location of nearest station Main Station
Aministration Bixild;ng
Response time (in minutes) 3 to 7 minutes
c. Need for fire protection Unknown
Location of nearest station Main Station
Corner of Traffi Q Way & Lewis Ase.
Response time (in minutes) .7 to laming-eG
B. WATER:
1. Water Supply
Existing system Yes--X No
New system with permit required Yes X No
2. Source
Well Unknown Yes No
Surface Yes No
Imported Yes_X__No
3. What is the use of the water?
Domestic
Residential Yes No
Type: (Homes, apartments, trailer park)
Commercial Yes No
Type: (Food estab. , shop, etc. )
Industrial Non-Domestic Yes X No
Type: (Agriculture , processing, recreational) Tndilcirial
4. Is there sufficient water available for this use? YesknoNO
s
Present Maximum Capability g.p.d.
Maximum pressures at maximum demand psi
5 . Number of service connections required for the project. Unknown
6. Population served Unknown
7 . Does water meet Health Department quality requirements?
If A11W is usdd
Bacteriological Yes X No
Chemical Yes X No
Physical Yes-T—No
Water Analysis Report submitted Yes 7—No—
Initial Study Environmental Description -5-
C. SUBSURFACE SEWAGE TREATMENT:
1. Has an engineered percolation test been accomplished? Yes No
2. Has a conclusion been stated as to the suitability of Yes_.X_No�_
individual systems? Soils in area are sever limitations on septic
3. Has a conclusion been stated as to the amount of re Yes No X
quired sq. ft. of bottom area of leaching lines per
100 gallons of septic tank capacity?
4 . Has a conclusion been stated as to the amount of re- Yes No X
quired sq. ft. of sidewalk of seepage pits per 100
gallons of septic tank capacity?
5 . Is the area (parcel, lot, etc.) of sufficient size to Yes X No
provide an area equal to 100% of original installa-
tion to provide for expansion?
6 . What is the depth of the water table? Varies on site
7. What is the quality of any shallow (in relation to
existing ground evaluations) water table? Explain:
Unknown
3 . Is there a portion of the lot(s) that is unsuitable for individu
installations due to soil or geologic conditions, slope,
etc? Yes__No
If yes , please explain: 100 year flood plain
9 . What is the distance to the nearest sewer line? ft.
San Rafael and west Front
10 . What is the distance to any neighboring water wells? [Tnknnx.rn ft.
11. Will subsurface drainage result in the effluent re- Yes No
appearing on adjacent lands? Possible
12. Will subsurface drainage result in the possibility Yes No
of effluent reappearing in surface water? See Above
D. SEWAGE TREATMENT FACILITY (WASTE TREATMENT) :
1. What is the capacity of existing (or new) sewage Unkno'61p.d.
treatment facilities?
Initial Study Environmental Description -6- '•`'
• 0 Unknown
2 . What is the present maximum flow of existing sewage g.p.d.
treatment facilities?
Unknown
3. What is the amount of the proposed flow? g.p.d.
4 . Describe the type of treatment and disposal
know
ri-
5. Does the existing collection, treatment and disposal Yes NO
system have adequate additional capacity to accept
the proposed flow?
6 . Do you have letters or documents from the facility Yes No_X _
operator verifying all of the above?
E. SOLID WASTE:
1. What is the type of solid waste? Domestic
Industrial Yes Agricultural
Other
2 . What is yardage per capita per day? Unknown
3. What type of storage? Dumpster Single Containers
Other
4. Do you have a storage site? Yes No
5. Where is the waste disposal storage in relation to
buildings? rtnknn��n
6 . Have you made arrangements for collection? Yes NoX
x
F. COMMERCIAL-INDUSTRIAL PROJECTS:
Describe project: Commercial/Industrial Development
< Initial Study Environmental Description -7-
• Unknown
1. Are there any emissions (gases, smoke, odors, fumes, Yes No
vapors) ?
2. Do you anticipate that this project will increase the Yes X No
noise level in the immediate vicinity?
3. Anticipated sources of noise: Increased Traffic,' Industrial Machines
Unknown
4. Will shielding be provided for potentially hazardous Yes No
operations (including heat, radiation, light & noise).
If yes, describe:
5 . Will protection be provided for storage of hazardous Yes No
materials?
6 . What specific wastes are produced?
G. VECTOR CONTROL: (insects, rodents , etc.)
1. Are recreational lakes being planned for the project? Yes No
2. Are there adequate facilities for cleaning and dispo- Yes No
sal of fish parts?
3. Are there any swamps, wet lands, salt marshes, springs,Yes'!� _No_
or wilderness areas ad ' ?
adjacent to the project.
4. Are there any irrigated pastures on or adjacent to YesX No
the project?
5. Are there any sewer ponds on or adjacent to the pro Yes No
ject?
x
6 . Are there any waste disposal sites on or adjacent to Yes Nom_
the project?
7. Are there any plans for drainage on and from the Yes NoX
project? —
8. Are there any plans for controlling standing water Yes Nog
in borrow pits , drainage ditches, curb drains, etc?
9 . Are there any Flood Control Projects on or adjacent Yes Nox
to the project?
Initial Study Environmental Description -8- '
• •
10. Are there any feed lots, poultry operations, dairies Yes Nom_
horse stables, hog ranches, rabbitries, or other
animal operations adjacent to or within a mile of
the project?
11. Are there any animal manure stockpiles on or near the Yes Nom_
project?
12. Is there any extensive fruit and/or vegetable harvest- Yes No X
ing near the project?
13 . Are there any food producing plants near the project? Yes No X
If you answered "yes" to any of the above questions,
please explain:
14 . Are there plans for weed abatement? Yes No
If yes, what materials are to be used? - Unknown
15. Are there special plans for handling refuse? Yes No X
If yes, describer
I have completed this Initial Study and the information contained is
accurate to the best of my knowledge.
&"r / M rL i��J, ,
Date Signature
3
LAWRENC 7, STEVENS
Name (Printed)
P6 Box 747 Atascadero Ca
Address
(805) 466-8000
Phone
MEETING AGENDA
T .ITENI „.,._c
• ORDINANCE NO. 74
AN ORDINANCE OF THE CITY OF ATASCADERO
PRECLUDING THE DEVELOPMENT OF SECOND OR
COMPANION RESIDENTIAL UNITS WITHIN SINGLE
FAMILY RESIDENTIAL ZONING DISTRICTS
WHEREAS, Section 65852. 2 of the Government Code of the State of
California provides a basis for cities to either elect to approve sec-
ond or companion residential units within the existing single family
residential coning districts as one means of increasing utilization of
housing resources, or adopt an ordinance precluding such units based
on specific findings that preclusion of such units might have a lim-
iting effect on regional housing opportunities and that inclusion of
such units would .have specific adverse impacts on the public' s health,
safety and welfare; and,
WHEREAS, the City of Atascadero has an adopted Housing Assistance
Plan that provides an outline for providing housing to the low and
moderate income families of the City and Region and said Plan makes no
provisions for second or companion units; and,
• WHEREAS, Title 9 "(Zoning Regulations) of the Atascadero, Municipal
Code provides for a density bonus through a Conditional Use _Permit
process for multi-family projects for up to and exceeding 25% of the
normal density allowed if units are provided for the targeted income
group; and,
WHEREAS, the City of Atascadero has approximately 5,300 acres of
vacant residentially zoned land that is already fully` subdivided that
could be developed into more than 12,000 new single and multiple fam-
ily residential units in addition to underdeveloped multi-family
lots; and,
WHEREAS, the Atascadero General Plan and Zoning Regulations
provide for single family residential areas that encourage single fam-
ily residential development on large lots in keeping with the City' s
fully subdivided state,` street pattern and the desired rural atmos-
phere of the community ; and,
WHEREAS, the Zoning Regulations provide for guesthouses as ac-
cessory uses within all single family residential zoning districts.
NOW, THEREFORE, the City Council of the City of Atascadero does
hereby make the following findings:
( '. The adoption of this Ordinance, pursuant to Government` Code
• Section 658522 (c) , precluding second or companion units wit-
hin single family residential zoning districts may limit re-
gional housing opportunities.
Ordinance No. 74
2. This limitation on regional housing opportunities is justifi-
ed by foreseeable adverse effects on the public health, safe-
ty and welfare due to the City' s narrow streets, street pat-
tern, poor septic suitability and the overall rural atmos-
phere of the community.
3. This limitation on regional housing opportunities is to some
extent mitigated by the City's commitment to affordable hous-
ing in the last three years as exemplified by its approval of
85. units of rental-assisted housing and 10 units subsidized
to facilitate "first-time home buyers" .
Title 9 (Zoning Regulations) provides for adequate housing
incentives in the form of density bonuses and guesthouse pro-
visions to provide for the housing needs of the community and
the region.
'. The significant amount of vacant land within the City avail-
able for residential development can assist in providing for
housing needs of the community and the region,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Atascadero does hereby adopt this ordinance 'precluding the develop-
ment of second or companion residential units within single family
residential zoning districts.
Section 4. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News, a
newspaper of general circulation, printed, published, and circulated
in the City in accordance with Section 36933 of the Government Code;
shall certify the adopting and posting of this ordinance and shall
cause this ordinance and this certification together with proof of
posting to be entered into the Book of Ordinances of this City and
shall cause a copy of this ordinance to be sent to the California De-
partment of Housing and Community Development within 60 days of its
adoption.
Section 5. Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12:01 a.m. -on the 31st day after its passage.
The foregoing' ordinance was introduced on
and adopted' at a regular meeting of the City Counc eld on
AYES
NOES:
ABSENT: •
MARJORIE MACKEY, Mayor
2
•
The foregoing ordinance was introduced on
and adopted at a regular meeting of the City Council held on
AYES:
NOES :
ABSENT:
MARJORIE MACKEY, Mayor
ATTEST:
BARBARA NORRI , City Clerk
APPR V D AS T FORM: ,
ALLEN GRIMES, City Attorney
D O CON NT:
RRAY WARDEN, City Manager
3
STING AG7NDA
DATE- G ITEM#
M E M O R N D U M
• TO City Council
FROM: City Manager
SUBJECT: Municipal Code - Purchase of Copies and Replacement
Pages Thereto
DATE: January 4, 1984
I
The attached Resolution adopts code purchase and replacement fees
previously discussed. It recovers the cost of producing these
documents and i
a tP rovides for the P purchase of replacement
pages and establishes a distribution list. Recommend your
adoption
ZY MWARDEN
City Manager
•
I
RESOLUTION NO. 1-$4
RESOLUTION OF THE 'ATASCADERO CITY COUNCIL
ESTABLISHING FEES FOR THE PURCHASE OF COPIES
OF THE MUNICIPAL CODE AND REPLACEMENT PAGES THERETO
WHEREAS, the Government Code of the State of California
provides that fees may be collected to cover the cost of pro-
ducing, maintaining, and distribution of City documents; and
WHEREAS, the City Council of the City of Atascadero has
determined that City services should be self--supporting, if
possible: and
WHEREAS, the Municipal Code is expensive to produce and
maintain to the extend that it is not feasible to provide free
copies to all who may wish to acquire them.
NOW, THEREFORE, BE IT RESOLVED that the Atascadero City
Council does hereby establish the following fees and char9es for
acquisition of the Atascadero Municipal Code:
(a) Copy of the Municipal Code, bound and with
tabs. . . . . . . . . . . . . . . . . . . . . . . . . .$30.00
(b) Updated or replacement pages. . . . . . . . . . . . . .$0.19 per page •
Addi-tional or replacement tabs. . . . . . . . . . . . .$0.10 per tab
(c) Replacement binders without inserts. . . . . . . . . .$20.00 each
BE IT FURTHER RESOLVED that the City Finance Director shall
be responsible for collecting fees established above, and shall
be responsible for
BE IT FURTHER RESOLVED that distributionof the Municipal
Codes without charge shall be as follows
Copies
(2) County of San Luis Obispo
(1) Municipal Court of San Luis Obispo
(1) Municipal Court. of Paso Robles
(1) County of San Luis `Obispo - Law Library
(1) League of California Cities
(1 each) City Departments, with the exception of:
Copies
(2) City Manager 's Office
(3) City Police Department
•
Resolution No. 1-84 0
Copies
(1) City Attorney - to be returned upon termination
(1) City Council members - to be returned upon
completion of term of office
(2) City Clerk
(1) City Treasurer - to be returned upon completion
of term of office
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
ATTEST:
PATSY A. HESTER, Deputy City
Clerk
APPROVED AS T FORM: APPROVED AS TO CONTENT:
ZiL
,'l &Orml 4 —
ALLEN GRIMES, City Attorney URRA L. WARDEN, City Manager
i
2
• � M
IET': AGt:t�I�,T' _ tTt_M
MEMORAND Uri -
TO Murray
FROM: Traffic Committee, __10
SUBJECT: Limited Parking Request - The Menagerie
�
DATE: December 16, 1983
Attached are requests from Mr. Dewey 'Lea of The Menagerie, located
at 5554 E1 Camino Real, to provide limited parking at his business frontage.
Also attached is -a petition from employees of the Atascadero News requesting
that no limit signs be placed in that area.
This office has, over the past several months, observed the situation
and has done some parking surveys. Both observation and surveys indicate
intermittant useof the fourteen speces on the west side of El Camino Real
between Atascadero Ford and The menagerie.
At the time the surveys were made, it was evident that five vehicles
were using the spaces in this area for ,long term parking, however, on, the,
average 4-5 of the 14 spaces were vacant with also a large number of vacant
space on the opposite side of El Camino Real.
Since the limited parking presently in place was the result of a joint
•
Council-Citizen's Parking Committee study, and since that study recommended
eliminating limited parking on El Camino Real north of the Bowling Alley,
this request and report is being referred to Council for final action`.
It is the staff's recommendation that the present configuration of
parking, in this area, remain as is, due to the average availability_ of
vacant spaces on the west side of El Camino Real and the large number of
spaces available on the 'opposite side of the street, that could be used for
Tong term employee parking. It also appears that some cooperative effort
between the merchants in this area could resolve any problem of shortage
of customer parking.
LA�dRENCE ST� ENS
BUD MeTTALE
LkWIRRENCE McPHERSON
1A _
7
M E M O R A N D U M 14-7 , •
TO. Murray
FROM: Larry McPherson
SUBJECT: Limited Parking Request - The Menagerie
DATE: December 12, 1983
Attached are requests from Mr. Dewey Lea of The Menagerie,
located at 5554 El Camino Real,to provide limited parking at his
business frontage. Also attached is a petition from employeesof
the Atascadero News requesting that no limit signs be placed in
that area.
This office has, over the past several months, observed the
situation and has done some parking surveys. Both observation and
surveys indicate intermittant use of the fourteen spaces on the
west side of El Camino Real between Atascadero Ford and The Menagerie.
At the time the surveys were made, it was evident that five
vehicles were using the spaces in this area for Tong term parking,
however, on the average 4-5 of the 14 spaces were vacant with also
a large number of vacant space on the opposite side of El Camino
Real.
Since the limited parking presently in place was the result of
a joint Council-Citizen's Parking Committee study, and since that
study recommended eliminating limited parking on El Camino Real north
of the Bowling Alley, this request and report is being referred to
Council for final action.
It is the staff's recommendation that the present configuration
of parking, in this area, remain as is, due to the average availability
of vacant spaces on the west side of El Camino Real and the large
number of spaces available on the opposite side of the street, that
could be used for long term employee parking. It also appears that
some cooperative effort between the merchants in this area could
resolve a y problem of shortage of customer parking.
LAWRENCE McPHERSON
LM:vh
att.
cc: Planning Dir. •
Police Chief
N A MEM 0 R D U M
— RAN -
- — — —
TO: Murray
FROM: :_Larry McPherson
' SUBJECT _ .:. -. : •;• .• . _
Limited Parking Request - The Menagerie
DATE: October 10, 1983 '
Attached are requests from Mr. Dewey Lee of the Menagerie, located at
'5554 El Camino Real to `. .. - - - -
provide limited parking at his business frontage. The
requests are related to long term parkers using space in front of his business
r "location.
Council previously reviewed recommendations of staff and a parking commit-
tee appointed by Council to reach recommendations for parking in the downtown
.:. area. Council agreed to eliminate all limited parking on El Camino Real from
Atascadero Ford to the north
Based on Mr. Lee's request,` it appears reasonable to study' the 'possibility
of extending the two hour limited parking as far north as Rosario This would
eliminate all day parkingu sing space that businesses need for turnover parking y
My own observations confirm Mr. Lee's contention that spaces .in front of his
operation are continuously occupied by long term parking.
'While instituting a two hour limit may provide more short term parking,
this would eliminate an area now used for employee parking and may force
that problem to another area.
It is my recommendation that Council consider extending the, two hour parking
limit north to Rosario to allow for adequate customer parking in that area.
eAWRENCE McPHERSON
LM:vh
att. _
cc: Traffic Committee
,
l
3 Li
23 .
L
-C4
G�
t
y
Mr. Larry McPherson
Director of Public Works
City of Atascadero
P.O . Box 747
Atascadero, California 93422
Dear Sir;
I recently opened a new business at 5540-50-60 El Camino
Real, called The Menagerie.
One of the reasons that I did so was because there was
a posted, two hour parking limit in front -of the business,
which I felt would provide easy parking for customers.
Upon moving in, I noticed that employees of Atascadero
Ford and Atascadero News were parking in front of my busi-
ness all day. I confronted them about this and they said
the signs were wrong and that they park here to leave park-
ing-space in front of their business for their customers!
I_ stated that, as long as it was posted, I would contact
the police and have them ticketed. So they then parked else-
where.
Opening Thursday morning, I noticed that they were again
parking in front of my business and that the signs were gone.
I would like to request that, at least the parking area
in front of my business be re-zoned to a minimum of two
hour parking, or one hour if possible.
Dewey Lea
e3
The Menage ie
5554 El Camino Real
Atascadero, California 93422
+ The following are persons doing business as sub-leasees
at The Menagerie who protest the removal of the two-hour
parking limit in front of 5540-50-60 E1 Camino Real, Atasca
dero, and wish it re-instated:
r
--- RECEIVED OCT 9 033
October 17, 1983
Larry McPherson
Public Works Dept.
P.O. Box 747
Atascadero, CA 93423
Dear Mr, McPherson:
It has come to our attention tLat the owner of The Menagerie wants the 2-hour parking re-
instated north of the bowling alley (specifically in front of 5554 El Camino Real).
We believe he is making a "mountain out of a mole hill".
We, the employees of Atascadero News, have parked in these spaces for years without caus-
ing problems before Mr. Lea arrived on the scene.
This is public parking — NOT his private lot — why should he have control over any street
parking?
He supposedly is closed Tuesday and Wednesday (2 out of 5 working days)—that leaves 3
days...most Atascadero News employees do not work on Friday, which means less cars on Fri-
day...Saturday
ri-day...Saturday and Sunday our office is closed...that leaves 2 days (Monday and Thursday) in
which there might be a conflict of parking interest.
Usually, most of us park across the street, since he demanded that we not park in front of
his store.
It doesn't seem to bother him,that some of his customers park in Al Wilson's Upholstery
parking lot — which is NOT public parking — or that they park at the "turn-around-point"
where there IS a "No Parking" sign.
It all boils down to this...
Is it worth the time and trouble to put up the signs and have the APD patrol the area when
Mr. Lea only a has arkingproblem 2 days out of 7. This would cause an unnecessary hard-
ship
ship on many of the Atascadero News employees. These people contribute a lot to the com-
munity and should deserve special consideration. Parking has always been a problem and we're
sure it won't be solved YY
d for man ears. Atascadero News isn't entirely responsible for Mr.
e
Lea's parking problems. We would also like to point out that other businesses along El
Camino Real use the parking spaces in front of the Atascadero News office. We have all got-
ten along in the past and it seems a shame that Mr. Lea is causing so much trouble for only
three parking spaces...Doesn't s,-em like enough to cause such a big stink over, if you ask us!
We appreciate any consideration you can give this matter.
Since, lY, , � �-
& �---
_
-i - �
Alt
T � �
M_ E M_ O_ RA N. D U M_
TO: Murray Warden VI
FROM: Traffic Committee
SUBJECT: Parking Limitation Recommendations - Downtown and
El Camino Real Business .Areas.
On Tuesday, July 28 , 1981, the City Traffic Committee met
with the authorized representatives of the Citizen' s Parking
Review Committee. The purpose of this meeting was to discuss
staff recommendations of the Citizen ' s Committee from their
meeting of July 21, 1981. A copy of the Citizen' s Committee
report is attached for Council' s information.
The meeting of July 28th was attended by the City Manager,
Q Police Chief, Planning Director and Public Works Director as
r representatives of the City Traffic Committee; Jim Cook, Irwin
Manning, Herb LaPrade and Donna Williams-Harris as representatives
of the Citizens Parking Committee; and Councilman Bill Stover.
After a great deal of discussion the following recommen-
dations s were agree,2 i,p5r. -bar botb the City
d. tions for c.,n ,� _ ._,_,
staff and the Citizen` s Committee representatives :.
1) Designate .the first 5 . parking spaces on the south side
of Entrada Avenue, west of Palma Avenue as 12 minute
limited parking. Augment the existing sign at this
location with painted green curb with 12 minute stencils.
2) Develop plans to utilize existing alleys and other City
property for long term parking.
3) Eliminate the existing parallel parking spaces on the
r south side .of Entrada from Palma to Lewis and replace
or
them with diagonal parking spaces.
4) Sign and enforce i 2 hour parking limitation on the
following downtown streets.
Traffic Way, both sides - El Camino Real to Lewis ,
Entrada, Both sides -. El Camino Real to Lewis ,
West Mall, north side - E1 Camino Real to Lewis
Palma - Traffic Way to West Mall
5) Sign and enforce a 2 hour parking limitation on El Camino f
Real from the pedestrian cross walk adjacent to Atascadero
Bowl south to West Mall on both sides of the street.
i
MTY OF ATASCAIERO
DEPARTMENT OF PUBLIC WORKS
���
� n 1 i: .. 1979
-
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NO
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NO PARKING
ATA S. + ._.j
NEWSo + W
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ATA S. +
FORD
NO PARXING
REVISIONS Date
DRAWN: CHECKED: APPROVED: DATE:
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i
Nv AGENDA
ITEM
M E M O R A N D U M
OTO: City Council
FROM: City Manager
SUBJECT: Petition for Street Maintenance District
San Fernando Road
DATE: January 4, 1984
The attached petition is in accordance with past Council approved
procedures. Please notice the exception by which the
petitioners are asking the City to advance funds allowing '
immediate construction with repayment spread over the next five
years. In the past, you have specifically avoided multi-year
advances, ' and in consideration of our total financial picture, I
recommend that we follow the same procedure. We have, however,
advanced portions of the construction costs during the first year
knowing that the recovery would be from the tax rolls in the year
immediately following.
I, therefore, recommend adoption of the process as suggested by
Mr. McP erson bu without the multi-year ' funding as requested.
•
U Y L WARDEN
C ' y Ma ger
•
M E M O R A N D U M
TO: Murray
FROM: Larry McPherson
SUBJECT: Petition for Street Maintenance District - San Fernando Road
DATE: December 29, 1983
Attached is a petition to place certain properties on San.Fernando '
Road into a Street Maintenance District for the purpose of paving and
maintaining San Fernando Road for access to the lots in that area. Eighteen
of the twenty seven effected property owners have signed the petition.
The attached map shows the area to be included in the proposed main-
tenance district as well as those properties indicating positive support
for the creation of a district:
As background, I have had several conversations with some of the
residents, outlining options available for them to enable them to have
their private access road paved and maintained. In October I< met with
some of "the residents of the area and outlined options available. It
was the consensus of those at the meeting Y g that the wished to pursue the
maintenance district proposal since it would allow the construction of a
less than standard road, which would be maintained by the property owners
through the district process.
One of the constraints to building a road to City standards under
the standard road assessment district proceedings is that extensive
grading would be required, raising the construction cost substantially and
requiring; excessive excavation into the hillside. They also indicated
they have no objection to paying a small annual fee to cover ongoing
maintenance for a paved road.
I have estimated the cost to construct a paved access road with a
width of 16' to be $33,000. Annual maintenance should be approximately
$500.
Under the Maintenance District proceedings as outlined in Section
5820-5856 of the Streets and Highways Code, ,if the district is approved,
the City could levy a one time assessment to have the road improvements
installed and levy an annual maintenance fee to cover ongoing expenses.
The one-time road construction cost would beapproximately $1128 per lot
with the annual maintenance cost on the order of $20 per lot.
I believe the residents may wish to have the City advance funds to
allow immediate construction of the roadway paving with repayment made
through the collection of the future assessments. The petition mentions
a pay-off spread over five years.
San Fernando
page two
Section 5835.5 of the Streets and Highways Codes does provide for
a loan of funds by the Council and the maximum term is for 10 years.
It is my recommendation that Council accept the petition for the
formation of a Street Maintenance District and proceed with preparation
of a Resolution of Intention to order the formation of the district.
By previous action, Council has specifically limited the pay back of
the construction assessment to one year, and staff would recommend that
this policy be continued due to limited funds available to the City for
road maintenance and construction.
The formation of the district requires certain notifications to
property owners, postings, protest and rate setting hearings. If the
Council wishes to proceed with the district, then those steps will be
outlined.
It is proposed that the benefit of improving and maintaining San
Fernando Road be divided equally to each of the lots taking access from
that road.
If, during the protest hearings, a majority of the property owners
file a protest, then the Council may terminate the proceedings unless
Council overrules the protest by a four-fifths vote.
RENCE McPHERSON
LM:vh
cc: City Attorney
Finance Dir.
att.
j
PETITION FOR IMPROVEMENT OF SAN FERNANDO ROAD
As enabled by Section 5820-5856 of Streets and Highway Code, we the under-
signed property owners hereby petition City Council to form a Maintenance
Assessment District to improve and maintain the roads shown on this petition.
We understand that the estimate cost for intial improvement will be
approximately $1128 per lot, $3384 per lot APN 49-271-15, with annual
maintenance cost of $20 thereafter. If, after the improvements are in, the
property owners elect to terminate the District, the City will be under no
obligation to continue maintenance of said roads.
Assesor's
Parcel Number Address Property Owner (signature)
49-241-08 2130 R. Freiler
49-241-12 2020 DR & C Burbach
ILS
49-241-31 2040 RO & A Churchi 1
49-241-30 2060 EA Pimentel rQ
f .L.
49-241-39 2100 CJ & AM VreekenO /�t-�1�
49-241-40 2130 BM & R Aggson O � Q
49-271-15 2200 A Grimes & DD Messar O
. C
49-271-16 2170 J & C Gutier
49-271-17 2150 DG & CA Per y
49-251-36 TL & LN Tolbert
49-251-37 1731 WE & LA Dunn
49-251-38 1731 WE Dunn
RG & AL Brewer
49-281-03 1861 DA & SA Gehre
49-281-04 1869 GC Zidbeck
49-281-02 1876 DL & SL Thomas
49-281-10 2005 MR Rogers
49-281-09 2025 EB & M McCq
49-281-07 2.646 2 o 3�� FL & SE Bellis
r
PETITION FOR IMPROVEMENT OF SAN FERANADO ROAD
As enabled by Section 5820-5856 of Streets and Highway Code, we the under-
signed property owners hereby petition City Council to form a Maintenance
Assessment District to improve and maintain the roads shown on this petition.
We understand that the estimate cost for intial improvement wil be
approximately $1128 per lot, $3384 per lot APN 49-271-15, with annual
maintenance cost of $20 thereafter. If, after the improvements are in, the
property owners elect to terminate the District, the City will be under no
obligation to continue maintenance of said roads.
Assesor's
Parcel Number Address Property Owner (signature)
49-281-08 2045 DB & RE Wilkinson
49-281-11 2053 CL & HGE Springer "'N
49-281-12 2085 CE Springer
4
6 -
49-281-05 2135 CE Syringe
,b C u
50-051-01 2155 GH Andrews
Grip-..�✓
50-051-22 CW & E Hessick C�
50-051-23 CW & E Hessick G
507051-24 2205 AE & RD Scarson _/
- a s
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Jr<p- . $7i - f 6� 1�Y`c; ., r;,' .. + !� 'Y°j�"l•a "'._`_
to a 4\i •1
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— t 1
October 4, 1003
The Council
City of Atascadero
61500 ?alma Avenue
Atascadero, CA 93422
Pursuant to the meeting held on October 4, 1983, and prior discussions with
Kr. Larry McPherson the undersigned property owners on San Fernando Road,
hereby, respectfully petition formation of a Street Iaintenance District.
The desired district would encompass all of San Fernando Road from it's
intersection with lKonterey Road to it's intersection at Balboa Blvd. The
undersigned constitute a majority of the twenty-eight property owners of
lots- on San Fernando Road as specified above.
The desired maintenance district is a necessity in that San Fernando Road
has eroded to the extent that passage is very difficult. This condition
becomes worse with each rain, lorseeably becoming impassable. The little
portion that is black-topped near T'onterey Road has deteriorated very badly
and is sadly in need of repair. The only solution for this problem is the
paving of San Fernando Road between ; onterey Road and Balboa Road and re- f
quired maintenance thereafter.
It is highly desirable and, so requested, that the City of Atascadero
provide for the paving of San Fernando Road, in accordance with mainten-
ance district requirements with the cost thereof to be assessed evenly to
the property owners on San Fernando Road. These costs, if possible, to be
spread over and collected as special city taxes from the affected property
owners over the following five years.
The Council's consideration and favorable action on this petition is most
earnestly requested.
ISA k' ADDRESS CITY FARC , NUMBM4
le
P/4.,k I Ar gi
LZ �l.�s. f'>v,.ftise�C..✓7^ Gr _�z
t
i
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��✓��� %L��� Nc �l.�il sz 0 J���2'1 T��-19u��1c>fl Af� / l ` l
r� l � ��
Atasca:dero City Co 1/San Fernando Rd. Lot Owners -2-
Street I-aintenance trict/October 4, 1983 (cont.)
I "ptr AI; ?FSS CITY FARCFI: NUMB .y
/ l J1 UCI l
YA
r -
MEETI AGENDA
DATc — "rY ITEM# b
M E M O RAN D U M
• TO: City Council
FROM: City Manager
SUBJECT: Martin Luther King, Jr. bay
DATE: January 4, 1983
As you have undoubtedly heard, the Federal Government has adopted
January 15th as Martin Luther King, Jr. Day to be effective in
1985. The Governor has proclaimed January 16 as Martin Luther
King, Jr. Day and the State holiday effective this year.
The question is whether the Council wishes to grant the holiday '
in accordance with the State of California actionsorwait 'until
the federal holiday becomes effective. Should you opt for the
first alternative, your motion indicating so will suffice. Should
you opt for the second alternative, adoption of the attached
Resolution will accomplish that end.
4tRAY WARDEN
y Manager
_i
RESOLUTION NO. 5-84 "
RESOLUTION AMENDING RESOLUTION NO. 12-80 •
REGARDING PERSONNEL RULES AND REGULATIONS
TO INCLUDE THE ADOPTION OF MARTIN LUTHER KING, JR. DAY
AS A HOLIDAY
Resolved by the Atascadero City Council that Resolution 12-80
establishing Personnel Rules and Regulationsimplementing the
Personnel System for the City of 'Atascadero is hereby amended to
include Martin Luther King, Jr Day as a holiday.
Section 1. Section 9 .4.1 of Resolution No. 12-80, Personnel
Rules and Regulations, Recognized Holidays, shall be amended'
to add sub-paragraph-L. as follows
L. Martin Luther King, Jr. Day, the third Monday in j
January,
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
ATTEST:
PATSY A. HEST R, Deputy City
Clerk
APPROVED AS 0 FORM: APPROVED AS TO CONTENT:
ALLEN GRIMES, City Attorney RAY Y.-WARDEN, City Manager
4
t ANG AGENDA
HEM
• M E M O R A N D U M
TO: City Council
FROM: City Manager, Finance Director, Public Works Director
SUBJECT: Selection of Consultant Facilities Plan
DATE: December 28, 1983
Recommendation:
It is recommended Council approve the selection of a joint venture
of Quad Consultant and John Carollo Engineers to perform a'public facility
study as previously authorized by Council. It is further recommended
Council authorize the City Manager to execute a contract with the 'joint'
venture in an amount not to exceed $23,000 and authorize the 'transfer of
the necessary funds from the recently created building reserve fund.
Background:
A request for proposals was sent to a large sampling of consultants,
both local and out of the area, requesting professional services necessary
to complete a comprehensive study and evaluation of City office space
requirements. The proposal listed seven major elements of the requested
study as follows:
1) Projection of near term and future office space needs including
a possible satellite fire station.
2) Evaluation and review of current City buildings and property as
to suitability for use considering space, layout, location, and the
economics of using existing facilities as opposed to the economics
of providing new whether through conventional construction, or by
modular or prefabricated structures.
3) Evaluation of various alternatives to provide office space for City
operations, along with a recommendation for a long term building plan.
4) Estimates of cost for various phases of construction, reconstruction,
or renovation as necessary to provide municipal office space.
5) Financing alternatives currently available to the City to' fund' con-
struction or reconstruction.
6) Schematic plans indicating utilization of any proposed building
additions or new construction.
7) Any other observation, analysis or recommendations pertinent to
providing adequate operational facilities within the financial
capabilities of the City,
Consultant
page two
On December 22, 1983, the City Manager, Finance Director and Public
Works Director met as a committee to evaluate the proposals and interview
representatives of firms that had expressed an interest in contracting
for the study. Those submitting proposals and attending the interviews
included; 1) A.joint venture of Quad Consultants and John Corollo
Engineers; 2) A joint venture of Gary F. Harcourt, Wagner-Hohns-Inglis, Inc.
and Rauscher Pierce Refsnes, Inc.; 3) Millard Archuleta, Eddy-Paynter
Associates; 4) Karl A. Keski, Architect; 5) Henry J. Hohenstein. ,
The following factors were considered in making the final recommendation
to Council; '
1) Completeness of the proposal in addressing all the requested
information.
2) Demonstrated capability for performance of the requested work.
3) Qualifications of project personnel.
4) Relevant previous experience.
5) Understanding of the work being requested.
6) Length of time necessary to produce a final report. •
7) Realistic allocation of personnel and cost of the services
provided.
Although only one factor in the final selection, cost of services
ranged from a low of $7,888.80 to a high of $30,000, with the majority of
the submittals near the $25,000 mark.
Based on our review of the proposed man-hours necessary to address all
the issues in the request for proposals, we feel the cost submitted by
Quad-Caroller at $19,000 plus meeting and conference time to be most
realistic. It is proposed that the final contract costs be based on
actual project hours with a not to exceed limit to be negotiated.
7Y L. ARDEN, City Manager
RALPH eHDO�WELL. JR. , Finance Dire or
i
L CE' McPHERSON, Public Works Dir.
MEETING AGENDA
OTE 4- 9 - ITEM#
• ORDINANCE NO. 75
AN ORDINANCE OF THE CITY OF ATASCADERO
AMENDING THE TEXT OF TITLE 9 (Z;ONING
REGULATIONS) CONCERNING ARCADES.
THE CITY COUNCIL OF THE CITY OF ATASCADERO ORDAINS as follows:
Section 1. Council Findings.
After conducting a public hearing, the City Council finds and
determines that:
1. The existing zoning ordinance contains adequate provisions
for the regulation , of the game arcades through the Condi-
tional Use Permit process. The ordinance does lack an ade-
quate definition for what constitutes a game ,arcade.
2. Game arcades as a specific use tend to create potential prob-`
lems that could interfere with the surrounding uses if estab-
lished without proper review and conditions to mitigate such
perceived problems.
3. This project is exempt from the provisions of the California
Environmental Quality Ac - (CEQA) .
Section 2. Zoning Ordinance Amendment.
The text of Title 9 (Zoning Regulations) is hereby amended to mod-
ify regulations governing arcades as follows:
1. Section 9-9.102 is modified to include, in proper alphabeti-
cal order, -a general definitionof an arcade:
Arcade. Any site or business providing in part or as a
whole, an amusement service consisting of -coin-operated games
or devices, where more than five coin-operated games or de-
vices are present or where more than 25% of the public area
is used for the placement or operation of such games or
devices.
2. Section 9-3. 213 (Conditional Uses) of the `CP, Zoning District
is revised to eliminate Subsection (d) Amusement Services.
3. Section 9-3.253 (Conditional Uses) of the CPK one is modified
to add Subsection (s) entitled Amusement Services.
•
0
ORDINANCE NO. 75
Section 3. Publication. •
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News, a
newspaper ofgeneral circulation, printed, published and circulated in
the City in accordance with Section 36933 of the Government Code;
shall certify the adopting and posting of this ordinance and shall
cause this ordinance and this certification together with proof of
posting to be entered into the Book of Ordinances of this City.
Section 4. Effective Date.
This ordinance shall go into effect and be in full force and ef-
fect at 12:01 a.m. on the 31st day after its passage.
The foregoing ordinance was introduced on
and adopted at a regular meeting of the City Council held on
AYES:
NOES:
ABSENT: •
MARJORIE MACKEY, Mayor
ATTEST:
BARBARA NORRIS City Clerk
APPROVED AS TO FORM:
ALLEN GRIMES, City ,Attorney
R VEZAS COTENT:
RRA L. WARDEN, City anager
2
M E M O R A N D U M
TO: CITY COUNCIL December 2 1983
ece ,
FROM: PLANNING DIRECTOR
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT 3-83
APPLICANT: Initiated by City Council
REQUEST: To consider additional regulations for game arcades and
coin-operated game machines.
On November 7 and 21, 1983, the Planning Commission conducted public
hearings on the subject matter unanimously approving a proposed zon-
ing ordinance amendment as set forth in the attached Staff Memorandum
dated November 21, 1983. A Staff Report dated November 7, 1983 dis-
cussing issues related to arcades is also attached.
The Planning Commission recommendation would add to the ordinance a
definition for an arcade, would delete "amusement services" as a Con-
ditional Use in the CP Zone and would add "amusement services" as a
conditional use in the CPK Zone. It should be noted that "amusement
0 services" (which includes game arcades) is a conditional use in most
commercial zones.
The Commission discussed the following matters related to this request
- how to define an arcade
- the necessity for additional standards
- where arcades should be allowed
- other issues raised in the Staff Report of November 7
The following persons also appeared and commented on the matter:
- Tom Crichton, operator of a Paso Robles game arcade, supporting
reasonable controls
- Dale Gustine, Paso Robles resident, noted commendable aspects of
Mr. Crichton' s arcade
It would be appropriate for Council to direct Staff to prepare an
ordinance for first reading if the recommended (or other) changes are
deemed necessary.
i -
vit,"L, Z
�L /?I /,44�
LAWRENCE STEVENS Y L. ARDEN
Planning Director Cit Man ger
Ps
M E M O R A N D U M
TO: PLANNING COMMISSION November 21, 1983
FROM: PLANNING DIRECTOR
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT 3-83
APPLICANT: Initiated by City Council
REQUEST: To consider additional regulations for game arcades and
coin-operated game machines.
BACKGROUND
Past Actions: At its meeting of November 7, 1983 , the Planning Com-
mission held a public hearing to discusspossibleadditional regula-
tions for game arcades and coin-operated game machines. After review-
ing Staff' s report and discussion, the Commission determined that a
need for additional regulations for game arcades seems to be minimal
noting that, in most locations where an arcade may locate, a Condi-
Use Permit would be required. The Commission did express some
concern for specific overall requirements dealing with required super-
vision and the need for bike racks. At the end of the hearing, the
Commission directed Staff to prepare a draft ordinance for review at a
continued public hearing on November 21, 1983.
STAFF COMMENTS AND ANALYSIS
As stated in the attached previous staff report, the present zoning
ordinance has no definition of what constitutes a game arcade. At
the present time, an interpretation is made, on a case by case basis,
by the Planning Director based on the total number of machines,
percent of floor area devoted to coin-operated games and advertising
for the use. Two possible methods are available to define an arcade,
one using a total number of machines or a standard based on square
feet devoted to the use. It is possible also to combine the two types
of standards.
In using a specific number of machines, most cities have used numbers
ranging from 4 to 7 . The City presently has several locations that
have any number of machines and a survey of most showed the following
number of machines:
• 0
Re: Zoning Ordinance Text Amendment 3-83
Star Station 101. . . . . . . . . 25
The Bowling-Alley. . • • • • • • • • . • • • • • • • • • • . . . . .7
Cheap Thrills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Sunshine Donuts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Plaza Twin Cinema. . . . . . . . . . . . . . . . . . . . . . . . . . .4
Round Table Pizza. . . . . . . . . . . . . . . . . . . . . . . . . .4
The Alibi (Rio Cantina) . . . . . . . . . . . . . . . . . . . . . . .4 + 3 pool tables
Coronet. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 5 + 2 childrens
rides
Circle K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Safeway. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
It should be noted that if a revision is made to the ordinance, the
sites that are functioning will need no retroactive approval. An
approval would only be required if an additional number of machines
are added to a specific site.
As previously noted, the present zoning ordinance allows amusement
services as a conditional use within the CP, CR, CS and LS zones. In
these cases, reasonable standards and conditions can be imposed with
the use permit to assure compatibility. Within the CT and L Zones,
amusement services are listed as an allowable use. It should be noted
that special development standards could not be applied to the estab-
lishment of the use in the CT and L Zones unless specific standards
are placed in the ordinance.
Amusement services as noted earlier are listed in four commercial
zones out of the total six. The zones designated are those zones
having the heavier type commercial uses that will provide both clien-
tele and a potential buffer from uses that might be impacted by the
establishment of amusement services. Of note is the fact that the CP
zoning district allows for the use as a conditional use. The location
and the purpose of the CP zone would tend possibly not to provide a
good location for such uses. On the other hand, the CPK zone provides
for the large lots needed for some of the other uses listed as amuse-
ment services (bowling alleys, ice .skating and roller skating rinks) .
Additionally, other uses listed in the CPK zone would be similar to
amusement services (public assembly and entertainment) .
FINDINGS
1. The existing zoning ordinance contains adequate provisions for the
regulation of the game arcades through the Conditional Use Permit
process. The ordinance does lack an adequate definition for what
constitutes a game arcade.
2. Game arcades as a specific use tend to create potential problems
that could interfere with the surrounding uses if established
without proper review and conditions to mitigate such perceived
problems.
2
•
Re: Zoning Ordinance Text Amendment 3-83
3. Approval of this project is consistent with Section 65854-65855
of the Government Code and Section 9-1.115 of the Zoning Regula-
tions of the City of Atascadero.
4. This project is exempt from the provisions of the California
Environmental Quality Act (CEQA) .
RECOMMENDATION
Based on the above Findings, the Planning Department recommends:
1. That Section 9-9 .102 of the zoning ordinance text be modified to
include, in proper alphabetical order , a general definition of an
arcade:
Arcade: Any site or business providing in part or as a whole,
an amusement service consisting of coin-operated games or devices,
where more than five coin-operated games or devices are present or
where more than 25% of the public area is used for the placement
or operation of such games or devices:
2. That Section 9-3.213 (Conditional Uses) of the CP Zoning District
be revised to eliminate Subsection (d) Amusement Services.
3. That Section 9-3.253 (Conditional Uses) of the CPK Zone be modi-
fied to add Subsection (s) entitled Amusement Services.
ACTION
The Planning Commission should, by motion, direct Staff as deemed
appropriate.
REPORT PREPARED BY:
JOEL MOSES
Associate Planner
REPORT APPROVED BY: lao-owzAm
LAWRENCE STEVENS
Planning Director
PS
3
'I Fn CITY OF ATASCADERO
197799
, .;` Planning Department November 7, 1983
CAD
STAFF REPORT
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT 3-83
APPLICANT: Initiated by City Council
REQUEST: To consider additional regulations for game arcades and
coin-operated game machines.
BACKGROUND
1. Past Actions: Atascadero, like other cities, has experienced an
influx of coin-operated video games. With this influx several
questions have been raised concerning problems that occur when
numbers of these machines are congregated within an existing bus-
iness or when an arcade business (with the sole purpose of pro-
viding these or like amusements) is established.
Over the past few years the City has had experience with several
game arcades in three locations. The first arcade was established
illegally at the south end of the Adobe 'Plaza. After some discus-
sion with the operators and complaints from adjacent merchants,
the operation was closed. The City' s second experience with a
game arcade was the establishment of Star Station 101 at the north
end of the Adobe Plaza. The use was established through the De-
partmental Review process. On a determination by the Planning
Director, a public hearing was held to approve the Departmental
Review due to potential impacts of the use on adjacent properties.
After an appeal by other tenants in the center to City Council,
the arcade use was conditionally approved. Subsegently, the ar-
cade' s approval was reviewed and some conditions were modified.
Due to problems and conflicts with adjacent tenants, the arcade
sought to relocate itself first to a location directly across on
El Camino Real and then to its present location on El Camino Real
north of Entrada. In the first attempt to relocate, a Departmen-
tal Review was conditionally approved, but the owner of the arcade
eventually chose not to relocate to that site. The second site
was approved through a business license approval with no condi-
tions except those stated in the zoning ordinance (parking, sign-
ing and building codes) .
Other places of business within the City do provide coin-operated
game machines but as an accessory ue to their normal operations as
retail stores or restaurants.
On April 25 , 1983, the City Council adopted an urgency ordinance
establishing a moratorium on the establishment of new arcades and
Zoning Ordinance T* Amendment 3-83
the use of new coin-operated game machines within other busi-
nesses. This action was in response to concerns exprfkssed by sev-
eral citizens about the lack of standards to control the operation
of a game arcade and their adverse effect on adjacent businesses.
This moratorium expired but not until the new zoning regulations
(Title 9) took effect.
2. Existing Regulations The new zoning regulations provides that
game arcades, which are defined as "Amusement Services" would be
required to obtain a Conditional Use Permit if located within the
CP (Commercial Professional) , CR (Commercial Retail) , CS (Commer-
cial Service) , and the L (Recreation) Zone Districts with the
issuance of a Plot Plan approval (business license) or a precise
plan (if a new building) .
Specified development standards will be required to be met in the
establishment of any new arcade:
Parking - 1 stall per 100 square feet
Noise standards - decibels as set within three ranges de-
pending on zone designation.
Under provsions of the current business license ordinance, any
arcade business license would require a background check and ap-
proval by the Police Chief.
This would allow the City to deny the establishment of a game ar-
cade in those zones where a conditional use permit is required
provided that findings are made as to the compatibility of the ar-
cade with a specific site. The possibility does exist that an
arcade can be established in the CT (Commercial Tourist) or LS
(Special Recreational) Zone district without any discretionary
review or notice. Furthermore, there is no regulation of arcade
machines when established as an accessory use in an existing
business.
STAFF COMMENTS AND ANALYSIS
In considering the potential for further regulation of coin-operated
machines and game arcades, the Staff would point out two items of
note. One, the proliferation of coin-operated machines (video games)
like trampoline centers, go-kart tracks, miniature golf courses, water
slides and other fad-oriented amusements, will ultimately reduce in
numbers and problems as the fad declines. With the reduced cost of
home video sets and the lack of novelty, the commercial game arcades
should decline in numbers. The second item to note is that the per-
ceived problems associated with game arcades are mostly social prob-
lems that land use planning has little direct impact on. The public
perceives problems of loitering, vandalism, school truancy and a po-
tential for drug trafficking associated with game arcades. Undoubted-
ly, these things can occur, but they can also occur in and around
other "hang-outs. " This is not to say that uses that cause problems
should be banned or over-regulated, but that the problems of people
2
Zoning Ordinance Tewmendment 3-83
gathering together will always be someplace and these problems would
not be necessarily be solved by land use regulations.
The concerns associated with arcades that can be addressed through
land use regulation would be definition of an arcade, noise, hours of
operation, age of patrons, signing and required supervision. Since
the City presently allows for game arcades, it is assumed that, the
City will not eliminate the use of coin-operated machines and arcades
but will allow them within the City in some form.
Defining the Arcade Use:
The present Zoning Ordinance has no definition of an arcade. The
Staff looks at the use as a whole first. Is the entire site used for
coin-operated machines? If yes, it is an arcade and is subject to the
applicable regulations. If only a portion of the site is used, an
assessment is made based on percentage of floor area used, exterior
signing and related features to determine if the arcade is a principal
use (subject to the regulations) or an accessory use (not subject to
the regulations) . But the zoning regulations do not include a defini-
tion based on number of games, percentage of the site used, or similar
objective criteria.
The simplest method of defining what an arcade is would be to estab-
lish a simple numerical limit of five or ten machines on any one site.
A standard could also be set on a floor area basis using a specific
square footage or a percentage of the total floor area. Some area
standards would be set figuring 25% or -50% of a public area used with-
in a business for coin-operated machines in order to constitute an
arcade. Some combination of the two standards could be used to estab-
lish a definition to cover both large and small sites.
Location:
Under the present zoning ordinance, the location of a game arcade is
regulated in most zones by a Conditional Use Permit. Some jurisdic-
tions have used a distance requirement from specific zone boundaries
(i.e. single family zones) or institutions (i.e. schools) , such as
500 feet from any residential district, 200 feet from a school or 200
feet from any residence. The use of such a standard may have a good
effect on the buffering of uses, but do not necessarily buffer it from
other commercial uses adjoining an arcade. The use of such distance
factors may also compound the problem of finding an approvable site.
In addition, courts have shown on increasing trend in favor of requir-
ing substantive justification for distance separation and spacing
standards.
Noise:
The present zoning ordinance has set standards for noise levels at the
property line per Section 9-4.163. If additional noise levels are
deemed appropriate, one of two courses could be taken. The first is
to change the general noise levels allowed in commercial zones to be
more restrictive while the second is to set specific standards just
for arcades. Due to the newness of the noise standards and lack of
3
Zoning Ordinance TO Amendment 3-83
commercial noise complaints, an overall change in allowable noise lev-
els allowed in commercial areas would seem premature. As to a spec-
ific noise level for arcades, one could be established and added spec-
ifically, but then it would seem appropriate to consider specific
le
standards for a number of other uses, more particularly for bars,
nightclubs and other places of entertainment.
Hours of Operation:
The regulation of the hours of operation are usually directed at the
control of the younger clientele of an arcade due to the perception
that an arcade causes truancy by operating during school hours and by
providing a late school night hang-out. Unfortunately, it is somewhat
difficult to blame truancy on a place of business. A review of Star
Station 101' s operation, a year ago, determined its operation had
little effect on truancy. If hours are limited solely on the concept
of avoiding problems with school age children, the question arises
about the use of the arcade on off hours by clientele that are not
affected by truancy laws. If an arcade is located in a center, it may
be advisable to limit hours so that they are compatible with those of
other businesses. This may enhance their perception of better secur-
ity and less vandalism.
Age of Patrons:
Some communities have established ordinances that would limit the age
of persons using game arcades. Again, the overall objectives are to
reduce the impacts of an arcade' s younger clientele. Several problems
arise in such a discussion.
Signing:
The present zoning ordinance- regulates the amount and location of
signing allowed on any one site and no further requirements seem nec-
essary. Provisions could be made as in other communities, for posting
of rules or regulations governing the operation of a business.
Required Supervisions:
Previous approvals and other communities have required supervision by
an adult (over 21 years of age) . The requirement is intended to place
someone in charge who can be responsible for the actions of the cli-
entele. The provision definitely has a positive effect on some of the
problems associated with arcades. Certainly the degree of responsi-
bility exercised can vary considerably and the operator usually lacks
the authority to effectively control areas outside the business -
which can be a major problem source.
Concluding Remarks:
For your information, Planning Advisory Service (PAS) Report No. 370
entitled "Regulating Videogames" is attached to this report. Also
available in the Planning Department are sample ordinances adopted by
other cities on this issue.
4
Zoning Ordinance Temendment 3-83
RECOMMENDATION
After considering comments from the public and the Planning Commis-
sion, Staff recommends that the hearing be continued to November 21
(or December 5) for presentation of a specific recommendation.
ACTION
Motion to continue hearing to a date specific.
yjREPORT PREPARED BY:
rS
EMOSES
sgciate Planner
REPORT APPROVED BY:
LAWRENCE STEVENS
Planning Director
Ps
5
iNG 1;G:-:1NDA
--I EM�
M E M O R A N D U M
TO: City Council
FROM: City Manager
SUBJECT: Federal Aid Emergency Relief Projects
DATE: January '4, 1984
The attached Resolution is necessary for the City to receive the
final Federal Disaster Relief payment of approximately $22,000
resulting from damages occuring during last year ' s ,heavy storms.
The claims arose from damage to street and drainage systems`.
This resolution is requiredbyfederal regulations in order for
us to receive their funds.
M RAY WARDEN
ity anager
•
0 RESOLUTION NO. 4-84 0
RESOLUTION DESIGNATING AN AGENT FOR MATTERS
PERTAINING TO LOCAL AGENCY FEDERAL AID EMERGENCY
RELIEF PROJECTS IN THE CITY OF ATASCADERO
The Council of the City of Atascadero resolves as follows:
THAT Murray L. Warden, City Manager or Lawrence McPherson,
Public Works Director, are hereby authorized to execute for and
in behalf of the City of Atascadero, a public entity established
under the laws of the State of California, this application and
to file it in the appropriate State office ' for the purpose of
obtaining certain Local Agency Federal Aid Emergency Relief.
UPON MOTION of Councilman ,seconded by Councilman
, and carried, the Board hereby approves Program
Supplement No. 2. to Local Agency State Agreement #5-5423, Depart-
ment of Transportation, and authorizes the above named to sign
for Emergency Relief.
AYES:
NOES:
ABSENT:
ADOPTED:
MARJORIE R. MACKEY, Mayor
ATTEST:
PATSY A. HESTER, Deputy City
Clerk
APPROVED AS FORM: APPROVED AS TO CONTENT:
ALLEN GRIMES, City Attorney /f4URRAt L. WARDEN, City Manager
/hAL U!N' AGENDA
DA ITEM
RESOLUTION NO. 3-84
• RESOLUTION REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN LUIS OBISPO` TO CONSOLIDATE
A GENERAL MUNICIPAL ELECTION OF THE CITY OF
ATASCADERO TO BE HELD ON JUNE 5, 1984 WITH THE
DIRECT PRIMARY ELECTION TO BE HELD ON JUNE 5, 1`984
PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE
WHEREAS, the Atascadero City Council will hold a general
municipal election in the City of Atascadero on June 5 1984, for
the purpose of the election of three members of the City Council;
and
WHEREAS, it is desirable that said special municipal election
be consolidated with the Direct Primary election to be held on
the same date and that within the City of Atascadero the
precincts, polling places and election officers of the two
elections be the same, and that the San Luis Obispo County Clerk
canvass the returns of the general municipal election and that
said Direct Primary election and general municipal election be
held in all respects as if there were only one election,.
NOW, THEREFORE, THE ATASCADERO CITY COUNCIL DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. That pursuant to the requirements of Section
23302 of the Elections Code, the San Luis Obispo County Board
of Supervisors be and is hereby requested to consent and agree to
the consolidation of a general municipal election with the Direct
Primary election on Tuesday, the 5th of June, 1984, for the
purpose of the election of three members of the City Council.
Section 2 The County Clerk is hereby authorized to canvass
the returns of said general municipal election which it is
hereby requested to consolidate with said Direct Primary
election and said election shall be held in ;all respects as if
there were only one election, and only one form of ballot shall
be used.
Section 3. Said Board of Supervisors is hereby requested
to issue instructions to the County Clerk to take any and all
steps necessary for the holding of said consolidated election.
Section 4. The City of Atascadero recognizes that additional
costs will be incurred by the County by reason of this
consolidation and agrees to reimburse the County for any such
costs.
Section 5. That the City Clerk of the City of Atascadero is
hereby directed to file, a certified copy of this resolution with
the San Luis Obispo County Clerk,
Resolution No. 3-840
On motion by Councilman and seconded by Councilman
, the Atascadero City Council hereby adopts the fore- •
going resolution in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:;
MARJORIE R. MACKEY, Mayor
ATTEST:
PATSY A. HEST R, Deputy City
Clerk
z
APPROVED AS T FORM: APPROVED AS TO CONTENT:
� n
ALLEN GRIMES, City Attorney RRAY WARDEN,
T- ty
M ager
2
EVNG AGENDA
RESOLUTION NO. 2-84
• RESOLUTION OF THE ATASCADERO CITY COUNCIL ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS
SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR ALL
GENERAL MUNICIPAL ELECTIONS TO BE HELD BY SAID CITY
WHEREAS, Section 10012 of the Elections Code of the State of
California authorizes the governing body of any local agency to
adopt regulations pertaining to materials prepared by any candi-
date for a municipal election, including the costs thereof; and
WHEREAS, it is the opinion of the Attorney General of the
State of California (No. CV 76/5, May 6, 1976) that a candidate
may not be billed for the additional cost of preparing candi-
dates' statements in Spanish if such were not requested by the
candidate but were required soley by, reason of recent amendments
. to the Federal Voting Rights Act of 1965 (Public Law 94-73,
August 6, 1975)
NOW, THEREFORE, BE IT RESOLVED by the Atascadero City Council
as follows:
Section 1. That, pursuant to 'Section 10012 of the Elections
Code of the State of California, each candidate for elective
office to be voted for at all General Municipal Elections held in
the City of Atascadero, may prepare a candidate' s statement on an
appropriate form provided by the City Clerk. Such statement may
include the name, age and occupation of the candidate and a >bref
description of no more than two hundred (200) words of the candi-
date' s education and qualifications expressed by the candidate
himself and shall be typewritten, double spaced and free of
errors, properly punctuated, and the use of upper and lower case
lettering. Such statement shall not include party affiliation of
the candidate, nor membership of activity in partisan political
organizations or other extraneous matters. Such statement shall
be filed in the Office of the City Clerk at the time the candi-
date' s nomination papers are filed. Such statement may be with-
drawn, but not changed, during the period for filing nomination
papers and until 5:00 p.m. on the next working day after the
close of the nomination period.
Section 2. That in compliance with the recent amendments to
the Federal Voting Rights Act of 1965 (Public Law 94-73, August
6, 1975) the County Clerk shall provide a Spanish translation of
the candidate' s statement to. those registered voters as targeted.
Section 3. The County Clerk, in accordance with the City's
request for consolidation and services, shall' send" to each voter
with the sample ballot, a voter' s pamphlet which contains the
statement of each candidate.
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Resolution No. 2-8
Section 4. That the City Clerk shall estimate the costs of
printing and handling the candidate's statements and require each
candidate filing a statement to pay, in advance, his orher pro
rata share as a condition of having his or her statement included
in the voter ' s pamphlet.
Section 5. That the City Clerk shall provide each candidate,
or the candidate's representative, a copy of this resolution at
the time nominating petitions are issued.
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:
PATSY A. HESTER, Deputy Clay -
Clerk
APPROVED AS T FORM: APPROVED AS TO CONTENT
ALLEN GRIMES, City Attorney RAY WARDEN,_
ity Manager
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