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HomeMy WebLinkAboutAgenda Packet 03/11/1985 • AGENDA - ATASCADERO CITY COUNCIL Regular Meeting March 11, 1985 at 7:30 P.M. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Camp Fire Girl Proclamation Proclaiming 3/17-3/23/85 as C Fire Birthday Week and 3/23/85 as Camp Fire' Friendship D Public Comments City Council Comments 7 A. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Item A,_ Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call. • 1. Minutes of the Regular Meeting of February 25, 1985 2. Tentative Parcel Map 1-85; 6599 San Gabriel Rd. ; Peterson/Kennaly; (RECOMMEND ACCEPTANCE OF PLANNING COMMISSION RECOMMENDATION) 3. Tentative Parcel Map 2-85; 8201 San Dimas Rd. ; Landis/ Twin Cities Engineering; (RECOMMEND ACCEPTANCE OF PLANNING COMMISSION RECOMMENDATION) 4. Claim of Sharon and Victor Wright for Damages for $50,000. (RECOMMEND DENIAL) 5. Claim of MichaelKellerfor Damages for an Unknown Amount. (RECOMMEND DENIAL) B. HEARINGS, APPEARANCES, AND REPORTS 1. Public Hearing to Consider Zone Change 2-85 - Request initiated by the Planning Commission to Revise Zoning Ordinance Section 9-4.143b and 9-4.141a to Allow Grading Permits on Slopes in Excess of 30% to be Approved through a Precise Plan Approval by Staff. Request also Includes Correcting a Printing Error in Section • 904.141a. Proposed Ordinance No. 99. (FIRST READING) 1 City Council Meetile- 3/11/85 2. Proposed Resolutions 58/84 and 59/84 - Acceptance of portions of Los Altos Road and San Marcos Road into the City Street Maintenance System 3. Proposed Resolution 6-85 - Revised Fee Schedule for Planning Services C. UNFINISHED BUSINESS- 1. Proposed Ordinance 100 Amend zoning from RSF-Y Single Family Residential to RMF (6) PD Multiple Family Residential Planned Development Overlay (24 dwelling units) ; 8800 E1 Centro Ave. ; Yeomans/Lindsey (Cont'd from 2/25/85) (FIRST READING) 2. Ordinance No. 98 - Revise the Zoning Ordinance Text Modifying the Rear SetbackRequirement in Commercial and Industrial Zones which are Adjacent to Residential Zones, to Allow Waiving the Ten-Foot Setback for Buildings, or Portions of Buildings, Twelve-Feet in Height or Less Within 10-Feet of the Rear Property Line (Cont'd From 2/25/85) (SECOND READING) 3. Police Facility Acquisition Verbal Report - Mc Hale 4. Historic Restoration Grant Verbal Report - Best/ Wallace 5. Community Development Block Grant Proposed Agreement (95 Unit Senior Congregate Rental Project) D. NEW BUSINESS 1. Proposed Resolution 19-85 - Confirming the Appointment of Fire Chief Mike Hicks as Acting City Manager, Acting Public Works Director , and Acting Finance Director 2. Police Car Replacement Transfer of Funds from Contingency Fund 3. Acceptance of Planning Commission Resolution 2-85 - Submittal of Resignations 4. Proposed Urgency Ordinance No. 102 Council of the - City of Atascadero Designating the City Council to Act as the City's Planning Agency Pursuant to Government Code Section 65100 (a) . 5. Draft Ordinance No. 101 - Municipal Code Amendment Re- garding Reorganization of the Planning Commission and and Recreation Commission. (FOR DISCUSSION ONLY) . 2 City Council Meetije- 3/11/85 0 6. Proposed Resolution Number 20-85 - New Stop Sign Installation (Los Gatos/San Marcos & San Gabriel/San Marcos) E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTE: There will be a closed session to consider Personnel Recruitment and Property Acquisition. • 3 PROCLAMATION WHEREAS, the national Camp Fire organization will be celebrating its ,75th birthday on March 179 1985; and WHEREAS, Cam Fire has chosen to commemorate this significant anniversary in a nationwide celebration of friendship; and WHEREAS, Capp Fire councils offerfour young people: opportunities to develop important friendships through informal educational programs for Mouth to age twenty-one; and WHEREAS > as a friend of its 600 munity, Camp Fire is concerned with preserving the environment, adapting to social change and. the applications of democratic standards, as well as a special concern for stimulatingand guiding young people; and WHEREAS, in Camp Fire, recognition of 'accomplishments is combined p with the encouragement to use: .,d,eveloping skills to carry out that spirit 'of friendship, in service to others in the community; and WHEREAS, Camp Fire i8 commended for the opportunities for ,frirendshi. its programs offer young people in the City of Atascadero and throughout the nation, and for the many services these young people perform for their communities as Camp Fire members; NOW, THEREFORE, I Rolfe D, Nelson, Mayor of the Citv,,of At scadero., do hereby proclaim March 17 to March 23, 1985, to be C M FIRE BIRTHDAY WEEK and March 23, 1985, 'to be CAMP,FIRk FRIENDSHIP DAY in the?Citj of Ataseadero. IN WITNESS WHEREOF, I have hereunto. set my hand and caused the Great Seal of the .Cit: of Atascadero to -be affixed at the City Hall this 11th day of March, in the gear of our Lord one thousand nine hundred and eithty-fivel. Rolfe D. Nelson, ,,Mayor OUNCIL MEETING: 3/11/85 AGENDA ITEM NO. : A 1 MINUTES ATASCADERO CITY COUNCIL Regular Meeting February 25, 1985 ascadero Administration Building Wage 1 The regular meeting was called to order at 7 :30 p.m. by Mayor Nelson. The Pledge of Allegiance was recited. Invocation was given by Mayor Nelson. ROLL CALL Present: Councilwoman Norris and Mackey, Councilman Molina and Handshy and Mayor Nelson. Absent: None STAFF Ralph Dowell, Acting City Manager and CityiTreasurer; Grigger Jones, City Clerk Georgia Ramirez, Deputy City Clerk; Bud McHale, Police Chief; Mike Hicks, Fire Chief; Henry Engen, Planning Director; John Wallace, Contract Engineer; and Bob Best, Recreation Director. COUNCIL COMMENT A presentation of a City plaque was made to Carlos Garaikoetxea, President of the Basque Country, by Mayor Nelson and Councilwoman Norris. Mr. Garaikoetxea, following expressions of appreciation, presented Mayor Nelson with a book on e history of the Basques. PUBLIC COWIENT Bill Rempel stated his concerns about transportation for Senior Citizens and the discussed the possibility of using electric carts as an alternative. John Cole discussed his concern over unleashed dogs and the fact that he has been bitten by them. Chief McHale responded that enforcing animal regulations in the City is a broblem. A. CONSENT CALENDAR 1. Minutes of the Regular Meeting of ,February 12, 1985. 2. Treasurer ' s Report - January l -- 31, 1985. (RECOMMEND APPROVAL) 3. Finance Director's Report - January 1 - 31, 1985. (RECOMMEND APPROVAL) 4. Final Parcel Map AT-810305 : 1, 13505 Old Morro Road (Ptn. Lot 7, Block 95) , Fortington/Hilliard Surveys - (RECOMMEND ACCEPTANCE) 5. Final Parcel Map 26-84, 8200 Los Osos Road (Lot 19, Block 37) , Nimmo/Twin Cities Engineering - (RECOMMEND ACCEPTANCE) • 6 . Final Lot Line Adjustment 6-84, 8375 Los Osos Road (Lots 14 & 15, Block 37) , Estes/Westland Engineering - (RECOMMEND ACCEPTANCE) _1_ c MINUTES - ATASCADERO CITVCOUNCIL Regular Meeting 0 February 25, 1985 Atascadero Administration Building Page 2 .TION: By Councilman Molina, seconded by Councilwoman Norris to approve items 1-6 of the consent calendar. Passed unanimously by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Public Hearing to consider the Planning Commission Report and recommendation on: (A) General .Plan Amendment 1C-85, 8800 El Centro Ave. , (Lot 24, Block 4) , Michael Yeomans/Joseph Lindsey (Amending the Land Use Element Map Designation from Moderate Density Single Family Residential to Low Density Multiple Family Residential, and (B) Amending the zoning from RSF-Y Single Family Residential' to RMF (6) PD Multiple Family Residential Planning Development Overlay (24 dwelling units) (Proposed Revised Resolu- tion 11-85) (Cont'd from>,.�/12 85) Henry Engen, Planning Director, gave staff report. Those from the audience speaking against the project were: Art Cunningham, Sylvia Rempel, Bill Rempel, Mary Cunninghma, Anthony Wymans, Gary Baske, Linda Witt, Joe Nile, Troy Mitchell, Peggy Bascom, Jennie Ralph and John McNeil. Mike Yeomans spoke in response to some of the questions and concerns that those against the project had discussed. 100TION: By Councilman Molina, seconded by Councilman Handshy to uphold the Planning Commission' s decision and except for item B, Page two the wording should be changed to "development shall be subject to any city wide development fee schedule which may be adopted by the City Council" . Passed 3:2 roll call vote with Councilwoman Norris and Mackey voting no. 2. Public Hearing to Consider Zone Change 1-85 Request Initiated by Planning Commission to Revise the Zoning Ordinance Text Modifying the Rear Setback Requirement in Commercial and Industrial Zones which are Adjacent to Residential Zones , to allow waiving the ten foot setback for buildings, or portions of buildings, twelve-feet in Height or less within 10-feet of the rear property line (Proposed Ordinance No. 98) Henry Engen, Planning Director, gave the staff report. Ed Chidlaw, representing his client, Joe Babcock, spoke against the proposed ordinance. MOTION: By Councilwoman Norris, seconded by Councilman Handshy to read Ordinance No. 98 by title only. Ordinance No. 98 was read by Mayor Nelson .by title only. �OTION: By Councilwoman Norris, seconded by Councilman Handshy that this constitutes the first reading. Passed 4 : 1 with Councilwoman Mackey voting no. -2- MINUTES - ATASCADERO CIV COUNCIL Regular Meeting February 25, 1985 Atascadero Administration Building Page 3 C. UNFINISHED BUSINESS 1. Report From the Reorganization Committee - Verbal Councilman Molina reported that he and Mayor Nelson had met 2 or 3 times since the last council meeting and made the following recom- mendations: Planning/Building -The PlanningDirector will bring recommendations at the mid-year budget review regarding the possibility of another building inspector, creating the position of Sr. Planner, creating the position of zoning and business license enforcement officer and maybe eliminating the plan checker." MOTION: By Councilwoman Mackey, seconded by Councilwoman Norris that council concurs with those recommendations. Passed unanimously. Parks/Recreation The committee recommends to combine the parks with the Recreation Department and staff. to bring this back for the June budget with staff recommendations. MOTION: By Councilwoman Norris, seconded by Councilman Handshy for staff to give the council recommednations. Passed unanimously. Public Works - Due to the combining of parks and recreation and t shifting of personnel that will probably arise, at this time the 0 committee has no recommendations and maybe staff can come up with some for the June budget review. Assistant City Manager/Personnel Director - The committee has no recommendations at this time. Public Safety The committee suggests that Chief Hicks be chairman and serve on a committee with Chief McHale and come back in three months with recommendations where public safety can be improved. MOTION: By Councilman Handshy, seconded by Councilwoman Mackey to concur with committee recommendation. Passed unanimously. Planning Commission - The committee recommends that the Planning Commission be changed from 7 to 5 members, that an ordinance be drafted and be brought back for the next meeting and that this become effective as of June 1, 1985. That there be 2 members to be appointed to serve until 1986 and three members to be appointed to serve until 1988. Also that if four meetings are missed in one year, that it is an automatic resignation unless excused by the Chairman. Also to be included in this ordinance would be that if a person on, this commission decides to run for other elective office in the city, that they resign effective when they apply for that position. MOTION: By Councilwoman Norris, seconded by Councilman Handshy to send too staff for ordinance to be drafted. Passed 4 :1 with Councilwoman Mackey voting no. MINUTES - ATASCADERO CI6COUNCIL Regular Meeting February 25, 1985 Atascadero Administration Building Page 4 0 Parks and Recreation Commission Board - Basically the same as Planning Commission, changing from 7 to 5 members, the difference is that ordinance become effective in 1986 when four members of that board are due for reappointment. One ex-officio member from the school district which will be appointed by the Mayor without a vote. MOTION: By Councilman Handshy, seconded by Councilwoman Norris to send to staff for an ordinance. Passed 4 : 1 with Councilwoman Mackey voting no. Remuneration for both commissions- to be considered at the June budget. MOTION: By Councilman Handshy, seconded by Councilwoman Norris that this recommendation be sent to the June budget hearing. Passed unanimously. 2. Police Facility Recommendations - Combined reports by Police and Public Works Departments (Proposed Resolution 13-85) Staff report was given by Bud McHale, Police Chief. John Wallace, Contract Engineer, stated that if the Council wishes to consider using the Masonic Building that a study be funded to determine what might be needed in way of adequate structural re- habilitation for housing offices of the police department. If we cannot or will not fund this study, we should let the Masons know that we are no longer interested so that they can lease it to another party, Bud Downs of the Masonc Building said they have been waiting for three months for an answer from the council and would hope for an answer soon. Chief McHale stated that Rex Hendrix has made a new offer .on his building that may be discussed in closed session. Mayor Nelson said that he had received a letter from Performance Design and Construction, Inc. of Paso Robles asking for a chance to meet with the council to discuss the building of a new police facility. Mayor Nelson said that the city owes Mr. Downs a meeting. He proposed that a committee of George Molina, Wayne Handshy, Ralph Dowell, and Bud McHale meet with Mr. Downs to go over the plans and to go through the building and talk. This same committee will meet with Performance Design and Construc- tion to discuss a police facility. A report on all of the alternatives will be brought back to the next council agenda, -4- MINUTES - ATASCADERO CI*COUNCIL Regular Meeting February 25, 1985 Atascadero Administration Building Page 5 3 . Proposed Resolution -14-85 General Plan Amendment 1B-85, 1875 El Camino Real (Lot 31, Block 49) H.L.S. Properties Ltd./Associated Professions - Amending the Land Use Element Map Designation from Suburban Single Family Residential to Retail Commercial (Neigh- borhood Commercial) (Continued from 2 12/85) Staff report was given by Henry Engen, Planning Director. MOTION By Councilwoman Norris, seconded by Councilman Handshy to approve Resolution 14-85. Passed 3:2 by roll call vote, with Councilman Molina and •Councilwoman Mackey voting no. 4 . Pronosed Resolution 15-85 Initiate Proceedings for Approving Annexation Number 3 Staff report was given by Henry Engen, Planning Director. MOTION: By Councilwoman Mackey, seconded by Councilman Molina to approve Resolution 15-85. Passed unanimously by roll call vote. 5 Proposed Resolution 16-85 Approving Annexation Number 4 to the City of Atascadero (.Wastewater Treatment Plant) Staff report was given by Henry Engen, Planning_ Director. MOTION: By Councilman Molina, seconded by Councilwoman Mackey to approve Resolution No. 16-85 Passed unanimously by roll call vote. D. NEW BUSINESS 1. Mid-Year Budget Review - Set Date for Study Session Ralph Dowell, Acting City Manager, stated that he had submitted the date, of March 9th, but understood that one of the council would ould be out of town. The date of March 16th at 9:00 a.m. in room 304 was decided on. 2. Dial'-A-Ride Publicity Advertisement and Cost Ralph Dowell, Acting City -Manager, reported that the advertisement ran on February 22 and again on February 27. The cost of the advertisement is $134 .40 and will be charged to the contract account for Dial-A-Ride. 3. Recommendation of Recreation Advisory BoardAddressing the Naming Of South Atascadero Park (Proposed Resolution No. 17-85) Staff report was given by Bob Best, Recreation Director. MOTION: By Councilwoman Mackey, seconded by Councilman Molina to approve Resolution No. 17-85. Passed unanimously by roll call vote. -5- 0i MINUTES - ATASCADERO CIJ*COUNCIL Regular Meeting February 25, 1985 Atascadero Administration Building Page 6 4. Discussion and recommendation concerning Bid No. 84-24, Rennova- tion of Administration Building - Phase II Ralph Dowell, Acting City Manager, reported that the City is eligible for a grant under Proposition 18 for $75, 000 to $80, 000. His recommendation isthatthe Council reject all the bids and wait to see the outcome of the grant application. MOTION: By Councilman Handshy, seconded by Councilman Molina to reject the bid 84-24 . Passed unanimously. E. INDIVI"DUAL DETERMINATION AND/OR ACTION CITY COUNCIL Councilwoman Mackey reported that she had received a phone call about goats being killed by wild dogs. Ralph Dowell, Acting City Manager, suggested having a "sweep" by Animal Control Services in order to try to eliminate some of these problems. Chief McHale and Ralph Dowell will bring a report back to the Council at the next Council Meeting regarding the "Sweep" . CITY ATTORNEY s None CITY CLERK None CITY TREASURER None CITY MANAGER None MEETING ADJOURNED AT 11: 04 P.M. TO A CLOSED SESSION. Councilwoman Mackey excused herself from the Closed Session at approximately 12: 30 a.m. Closed Session recessed at 1 a.m. Regular Meeting reconvened at 1:01 a.m. Mayor Nelson announced that Ralph Dowell, Acting City Manager, Finance Director, and Acting Public Works Director had submitted his resignation in closed session. Pursuant to Section 2-4.01 of Ordinance No. 86 the City Council appointed Mike Oicks as Acting City Manager, Acting Finance Director and Acting Public Works rector. A press release was written and staff was directed to bring back a esolution at the next regular council meeting ratifying the appointment of Mike Hicks as stated. I� MINUTES - ATASCADERO CITY COUNCIL Regular Meeting February 25, 1985 Atascadero Administration Building Page 7 MEETINGADJOURNEDAT 1: 05 A.M. RECORDED BY: t GR 'GER N Sr-Pi y Jerk 1� WUNCIL MEETING; 3/11/85 AGENDA ITEM, N01 , A, _ 2 • M E M_O_R+A_.:__U_M— TO: CITY MANAGER i FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL 14AP =-_5 LOCATION: 6599 San Gabriel Road `=tet 33, Block 15) APPLICANT: Greg Peterson/Kennaly REQUEST: To allow the division z= a 6.45 acre parcel into two lots of 2.68 acres and _.77 acres each. Proposal in- cludes a request for to 0 reduction in minimum lot size standards allowalr1a under the zoning ordinance. On February 19, 1985, the Planni7.- ::om.;nission conducted a .pub- lic hearing on the above-ref_ere=_d application and unanimously approved the land division reque subject to the findings and conditions contained in the Staff =eport. • There was only brief discussion s^c tha Commission concerning this matter. A LAF,� HENRY ENGE Planning Director _ Manager /Ph Attachments Planning Commission Staff Report 2/19/85 i OUNCIL MEETING . 3/11/85 AGENDA ITEM N.O. : A 2 M_E M_O_R A_N_D_U M_ TO: CITY MANAGER FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP 1-85 LOCATION: 6599 San Gabriel Road (Lot 33, Bloch 15) APPLICANT: Greg Peterson/Kennaly REQUEST: To allow the division of a 6.45 acre parcel into two lots of 2. 68 acres and 3.77 acres each. Proposal in- cludes a request for the 20% reduction in minimum lot size standards allowable under the zoning ordinance. On February 19, 1985, thePlanningCommission conducted a pub- lic hearing on the above-referenced application and unanimously approved the land division request subject to the findings and conditions contained in the Staff Report. There was only brief discussion among the Commission concerning this matter. HENRY ENGEV MIKE HICKS Planning Director Acting City Manager /Ph Attachment: Planning Commission Staff Report - 2/19/85 Tentative Parcel Ma 7-85 Peterson Kennal p t / Y) 10. Terrain. . . . . . . . . . . . . . . . .. . .Steeply sloped with many large oak trees 11. Environmental Status. . . . . . . . .Negative Declaration B. SITE AND DEVELOPMENT DATA: 1. Site Area. . . . . . . . . . . . . . . . . . .6.45 acres 2. Required Minimum Lot Size. . . . Lot Size Factor Average slope (21-25%) 1.00 Distance from center (6 8,000) .20 Septic suitability (severe) 1. 50 Road (all-weather) .75 General neighborhood character (2.0 acres) .40 Minimum lot size: 3.85 acres Possible 20% reduction 3.08 acres 3. Proposed Lot Sizes. . . . . . . . . . .Parcel A 2.68 acres Parcel B 3.77 acres 4. Shape. . . . .. . . . . . . . . . . . . . . . . . .Roughly rectangular C. ANALYSIS: In the RS zone, the minimum lot size is 2 1/2 to 10 acres depend- ing on performance standards in the zoning ordinance. Staff de- termined 'that the sum of these standards was a minimum lot size of 3.85 acres. Applying a 20% reduction results in a minimum lot size of 3.08 acres. The applicant is proposing a lot size of 2.68 acres, including the 20% reduction, which uses a septic suitabil- ity factor of 1.00 (moderate) The Soil Conservation Service (SCS) maps and surveys show a severe rating for this area, which is a lot size factor 1.50. Staff notes that the parcel can be divided in conformance with the zoning ordinance (using the 20% reduction) by splitting it equally into two lots of 3.22 acres each. This division will maintain the two building sites. Development of Site: This parcel is characterized by an average slope of approximately 25% with portions of the lot over 30%. Grading on such slopes require a Precise Plan review by the Planning Department to deter- mine that the grading is appropriate for the use. Septic systems must be designed by a registered civil engineer on slopes over 20% and are not an allowable method of sewage disposal on slopes over 30% 2 L-i Tentative Parcel Map 1-85 (Peterson/Kennaly) Adjustment to Minimum Lot Size: The 20% reduction can be applied only if the following findings are met: 1) There are circumstances applicable to the property which warrant the use of specific site information. 2) The specific site information clearly demonstrates that the adjustment in lot size is warranted. 3) The granting of the adjustment will not adversely effect the health, safety, or welfare of surrounding persons or property, 4) The granting of the adjustment will result in a better util- ization of the propertI 5) The granting of the adjustment is consistent with the General Plan. The additional information supplied in the application, including . the location of driveways, building sites and sewage disposal sys- tems clearly shows that there are two reasonable building sites on the property. D. RECOMMENDATION: Staff recommends approval of Tentative Parcel Map 1-85 based on the findings and conditions of approval. DGD:ps ATTACHMENTS: Exhibit A - Findings/Conditions of Approval Exhibit B - Location Map Exhibit C - Parcel Map Exhibit D - Building Sites Exhibit E Profile Letters from applicant 3 t� Tentative Parcel Map 85 Peterson nn P ( /Ke aly) EXHIBIT A - Tentative Parcel Map 1-85 Findings and Conditions of Approval February 19, 1985 FINDINGSs 1. The creation of two lots on this parcel conforms to all applicable zoning and subdivision regulations and is consistent with the General Plan. 2. The creation of two lots in conformance with the recommended con- ditions of approval will not have a significant adverse effect upon the environment, and preparation of an Environmental Impact Report is not necessary. 3. The 20% reduction is a valid adjustment and findings required under Section 9-3.144 (c) (2) of the Zoning Ordinance are hereby made, CONDITIONS OF APPROVAL: 1. The parcel map shall be redesigned into two equal lots of 3. 22 acres each. 2. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the final map. 3. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other building or other restrictions related to the easements, they shall be noted on the final map. 4. Drainage and erosion control plans, prepared by a registered civil engineer, shall be submitted for review and approval by the Plan- ning Department prior to issuance of building permits in conjunc- tion with installation of driveways, access easements or struc- tures. This shall appear as a note on the final map. 5., Plan and profile drawings of proposed individual driveways and driveway easements shall be submitted for approval by the Planning andPublicWorks Departments in order to determine average grade and appropriate improvement requirements. This shall appear as a note on the final map. 6. The existing fire hydrant between 6955 and 6599 shall be upgraded to City standards. 7. San Gabriel Road right-of-way shall be offered for dedication on the parcel map. 4 s Tentative Parcel Map 1-85 (Peterson/Kennaly) 8. San Gabriel Road, at the property frontage, shall be improved to City standards to a local suburban road section. Road improvement plans shall be designed by a registered civil engineer and submit- ted to Public Works Department for review and approval. a. The portion of unpaved road between existing paved San Gab- riel and Lot 33, Block 15, shall be improved town all- weather access. 9. All conditions herein specified shall be complied with prior to filing of the final map. 10. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Apt and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate by certificate on the final map that corners have been set or will be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submit- ted for review in conjunction with the processing of the final map. 11. Approval of this tentative parcel map shall expire two years from the date of Planning Commission approval unless an extension of time is granted pursuant to a written request prior to the expira- tion date. 5 January 14, 1985 Planning Department Atascadero City Sirs, Special considerations for my application for a lot split at 6599 San Gabriel (Lot 33 BL 15) are as follows 1. The request for a 20% reduction on the front parcel (2.68 acres) is consistent with surrounding lot sizes. 2. The remaining 3.77 acres has one suitable building site. Should this 6.45 acre parcel be divided without the 20% reduction method, the property line would bisect this building site, as our accompaning information clearly demonstrates. 3. The granting of this adjustment does not, nor will not adversely effect the public welfare or be injurious to adjoining property. Additionally, this division of 2.68 and 3.77 acres will best utilize this property and is consistent with the general plan. Thank you for your consideration. Greg Pete on Td January 25, 1985 Atascadero City Planning Department Dear Mr. Davidson, This letter will serve to ask for a 2 week delay in presentation to the Planning Commission, for the request of a lot split at 6599 San Gabriel. During this time, we will meet with you concerning the 20% reduction of lot size and the interpretation of severe or slow rating on the septic system. We believe the severe rating is not applicable. Add- itionally, according to section 9-3.144 B-2, "if more than one lot size factor can be applied to a lot, the less restrictive shall be used." Sincerely, Greg Peterson 5.04 RnAn 23. CJ_T'1-.�`L '• .M♦ 4...5 • - '27. - 12.A :' r ♦` i 110 �• • 2 12 h/G �MrI V� t p • .....r• t 50 03 :+meq a spo 5tog t w��w �s r 16 . w ".2t� 9E'JtS tOti DATE BY w 16, z \t\92oo SZ04 1 wz n..A [J 3 /\S(f[�''/-! 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I I I I Ili I I � I I j i QOUNCIL MEETING: 3/11/$5 AGENDA ITEM NO, : A 3 _M_E M O R A N D U M TO: CITY MANAGER March 11, 1985, FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP 2-85 (lot 20, Block 37) LOCATION: 8201 San Dimas Road APPLICANT: Ron Landis/Twin Cities Engineering REQUEST:- To allow the division of a 5.94 acre parcel into two lots of 2.97 acres each. On February 19, 1985, the Planning Commission conducted a public hearing on the above-referenced application and unanimously ap- proved the land division request subject to the findings and conditions contained in the Staff Report. There was only brief discussion among the Commission concerning • this matter. HENRY ENGE, MIKE HICKS Planning Di ector Acting City Manager /Ph Attachment: Planning Commision Staff Report - 2-19-85 2`� . City of Atascadero Item: B-2 STAFF REPORT FOR: CITY PLANNING COMMISSION Meeting Date: 2/19/85 BY: Doug Davidson, Assoc. Trainee File No: TPM 2-85 Project Address: 8201 San Dimas Road (Lot 20, Block 37) SUBJECT: To allow the division of a 5.94 acre parcel into two lots of 2.97 acres each. BACKGROUND: A notice of public hearing was published in the Atascadero News on February 8, 1985 and all owners of record property located within 300 feet were notified on that date. A. SITUATION AND FACTS 1. Request. . . . . . . . . . . . . . . . . . . . . .To allow the division of a 5.94 acre parcel into two lots of 2.97 acres each. 2. Applicant. . . . . . . . . . . . . . . . . . .Ron Landis 3. Engineer. . . . . . . . . . . . . . . . . . . . .Twin Cities Engineering 4. Site Area. . . . . . . . . . . . . . . . . . . .5.94 acres 5. Streets. . . . . . . . . . . . . . . . . . . . . .San Dimas Road and Toloso Road are both local streets with a 40 foot right-of-way, neither of which is City-maintained. 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban) 7. Existing Use. . . . . . . . . . . . . . . . .Single Family residence. Vacant on the other proposed lot. 8. Adjacent Zoning and Use. . . . . .North: RS, SFRs South: RS, SERs East: RS, SFRs West: RS, vacant . 9. General Plan Designation. . . . .Suburban Residential 10. Terrain. . . . . . . . .Gentle to steeply sloping with many oak trees. Tentative Parcel Map 2-85 (Ron Landis) 11. Environmental Status. . . . . . . . .Negative Declaration. B. SITE AND DEVELOPMENT DATA: 1. Site Area. . . . . . . . . . . . . . . . . .5.94 acres 2. Required Minimum Lot S'ize. . . Lot Size Factor Average slope (11-20%) .75 Distance from center (12-14,000) .40 Septic suitability (severe) 1. 50 Road (paved, 15% slope) .40 General Neighborhood Character (2.9 ac.) .60 Minimum' ot size: 3.65 acres 3. Minimum lot size reduced by 20$: 2.92 acres 4. Proposed lot sizes. . . . . . . . . . .Parcel 1 - 2.97 acres Parcel 2 - 2.97 acres C. - ANALYSIS In the RS zone, the minimum lot size is 2 1/2 acres to 10 acres depending upon performance standards contained in the Zoning Ordi- nance. The applicant is proposing two lots of 2.97 acres each. Staff initially reviewed this proposal and determined a minimum lot size of 3.65 acres. A 20% reduction results in a lot size of 2.92 acres and brings the lots into conformance with the minimum lot size criteria. Adiustment to Minimum Lot Size: To apply a 20% reduction, the following findings need to be made: 1) There are circumstances applicable to the property which war- rant the use of specific site information. 2) The specific site information clearly demonstrates that the adjustment is warranted. 3) The granting of the adjustment will not adversely effect the health, 'safety or welfare of surrounding persons or property." 4) The granting of the adjustment will result in a better utili- zation of the affected property. 5) The granting of the adjustment is consistent with the General Plan. Staff ,feels that the application submitted does meet all the above findings and results in two reasonable building sites. 2 �'� Tentative Parcel Map 2-85 (Ron Landis) The soil in this case (millsholm) has moderate permeability and septic systems are an acceptable method of sewage disposal if the site does not contain steep slopes. Slopes on this site are be- tween 10-20%. Septic systems on slopes greater than 20% require an engineered design. This same rationale enabled approval of Tentative Parcel Map 26-84 on adjoining property by the Planning Commission on November 19, 1984. D. RECOMMENDATION: Staff recommends approval of Tentative Parcel Map 2-85 based on the findings and conditions of approval contained in Exhibit A. ATTACHMENTS: Exhibit A - Findings/Conditions of Approval Exhibit B - Location Map Exhibit C Parcel Map DGD:ps 3 Wil. ' Tentative Parcel Map -85 (Ron Landis) EXHIBIT A Tentative Parcel Map 2-85 Findings and Conditions of Approval ! February 19, 1985 FINDINGS; 1. The creation of two lots on this parcel conforms to all applicable zoning and subdivision regulations and is consistent with the General Plan. 2. The creation of two lots in conformance with the recommended con- ditions of approval will not have> a significant adverse effect upon the environment, and preparation of an Environmental Impact Report is not necessary. 3. The 20% reduction is a valid adjustment and the findings required under Section 9-3.144 (c) (2) of the Zoning Ordinance are hereby made. CONDITIONS OF APPROVAL; 1. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the final map. 2. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other building or other restrictions related to the easements, they shall be noted on the final map. 3. Drainage and erosion control plans, prepared by a registered civil engineer, shall be submitted for review and approval by the Plan- ning and Public Works Department .in order to determine average grade and appropriate improvement requirements. 4. Plan and profile drawings of proposed individual driveways and driveway easements shall be submitted for approval by the Planning and Public Works Departments in order to determine average grade and appropriate improvement requirements. 5. The existing fire hydrant at San Dimas and Toloso Road shall be upgraded to City standards. 6. All conditions herein specified shall be complied with prior to filing of the final map. 7. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. 4 Tentative Parcel Ma 85 Ron Landis P ( ) a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate by certificate on the final map that corners have been set or will be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submit- ted for review in conjunction with the processing of the final map. 8. Approval of this tentative parcel map shall expire two years from the date of Planning Commission approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 5 2<< �lhs to 91A 20 4, M .j`�y • /0245 ��•.. ��... {I R'iYi.�..� _ \. - �1 � ttt%6 't6\..4A'/ 8.. $ \z elf•1 a. / ..: .«'CA ,l • } a �� >• � a o ��8N:g F \ p1R'A••a 2.2 fig C . 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""+ `6h' x�,r,::...-,a.s..�:v,::wR„�,.,'azc-:.-:.., ',t:�ev�+,.a.,n._,:.�.�v. ••..+.a>cam.,,,,,,e-,-��fiWmr4..•' .,,.... w ..._.. .•-,.. .v-.,,:.a ...M+..x.:-.-x.,.,:,.a,;:t.•.,, tW i i • it'.5, Z CL- v � b h ti ti� t N Z)' ' `✓/A/•1 I L bio �/ • 4'•y�' j Lis % 1 � I hb'`� `yam �y• Fes" 4 0OUNC I L MEETING : -3/11185 AGENDA ITEM NO. : A - 4 MEM 0 R A N D U M i TO: City Council FROM: Georgene Kreinberg, Administrative/Personnel Analyst SUBJECT: Claim Denial - Victor and Sharon Wright DATE: March 11, 1985 Claimants allege assault battery, and false arrest by a City Police Officer. After investigation, the City's claims adjustor finds no basis for the allegation and recommends denial. I concur. i NA 1 SHERMAN T. FAIRBAIRN 'J Attorney at Law � 2 t1 :• 1031 Pine Street Paso Robles, CA 93446 ATASCADERO 3 (805) 238--7444 ^1TVor-Rx 4 Attorney for Claimant 6 SUPERIOR COURT OF CALIFORNIA 7 COUNTY OF SAN LUIS OBISPO 8 Claim of: ) No. 9 - • -) VICTOR JOSEPH WRIGHT and j CLAIM FOR PERSONAL INJURY 10 SHARON MARY WRIGHT ) 1 ( against ) 12 THE CITY OF ATASCADERO .. ) - t 13 14 TO THE CITY CLERK OF THE CITY OF ATASCADERO 15 1. You are hereby notified that VICTOR JOSEPH WIGHT and . 16 SHARON MARY WRIGHT, whose address is Marianna P4ote1, Paso Robles, 17 claims from . the City of Atascadero the sum' of Fifty Thousand 18 Dollars ($50,000) in ,damages for assault, battery, false arrest, 19 intentional infliction of emotional distress and the sum of One 20 Hundred Thousand Dollars ($100,000) in exemplary or punitive 21 damages. 22 2. This claim is based on two separate encounters between 23 Claimants and a Peace Officer Larrison employed by the City of 24 Atascadero. The first at 9100 San Diego Road, Atascadero on 25 August 24, 1984 . The second on September 16 , 1984 at Stoat Road 26 and Highway 101 in the City of San Francisco. 27 THE FIRST ENCOUNTER: 28 Peace Officer Larr_ison entered the premises of a Mrs. a1LI 1 Lam sonloorp whom Claimantswere employedandin consderationr,of 2 which Claimants were provided room, and demanded that they leave 3 the premises immediately. When Claimants requested more ti m 4 Officer Larrison directed profanity toward, and threatened to use 5 his service revolver against Claimants unless they vacated the 6 premises immediately. Officer Larrison was in uniform and in use of police car at the time. 8 THE SECOND ENCOUNTER: 9 Claimants were en route to San Francisco when Officer 10 Larrison pursued and apprehended them," without a warrant, on a 11 fabricated charge of stealing a dog. In the process of 12 apprehension Officer Larrison was backed up by two officers of 13 the San Francisco Police Deptartment. In the process of arrest 14 of Claimant SHARON MARY WRIGHT, Officer Larrison shoved MRS. 15 WRIGHT against her vehical and violently searched her person at 16 one point lifting her in the air from the crotch and at anoth* 17 by running his hand over her breasts. . Officer Larrison then . 18 administered handcuffs so violently that the San Francisco Police 19 loosened them upon both Claimants requests as MRS. WRIGHT'S hands 20 had turned blue from lost circulation. 21 Claimants were then transported to the police station where 22 the fabricated nature of the charge was ascertained and Claimants 23 subsequently released by San Fran.cisco Police. 24 Upon her release, the San Francisco Police provided MRS . 25 .- WRIGHT escort back to her automobile in fear Officer Larrison 26 may again attempt apprehension. 27 All of the tortious acts committed in both encounters were . 28 � witnessed by several parties which has caused great chagrin a 1 1 embarrassment to the Claimants, and in the process of both i 2 encounters Officer Larrison has threatened to find Claimant MR. 3 WRIGHT and inflict great bodily harm upon his person should 4 he remain in Atascadero area, which has placed both Claimants 5 in emotional distress and in fear of their well being. 6 3. The officer who caused Claimants injury is, to the 7 best of Claimants ' knowledge, Jerry Larrison. ' . 8 4. The injuries sustained by Claimants to date consist 9 of 10 a. The sum of Fifty Thousand Dollars ($50, 000) for 11 personal injury, insult, and mental distress; 12 b. The sum of One Hundred Thousand Dollars (100,000) 13 for punative or exemplary damages. 14 • S. No further injuries are expected to- be incurred in the 15 future arising out of the encounters except continuing emotional 16 distress. 17 6. All notices and communication with regard to this claim 18 should besent to Sherman T. Fairbairn, Attorney at Law, 1031 19 Pine Street, Paso Robles. 20 2I Dated: October /� , 1984 SHERMAN T. 'FAIRBAI N 22 Attorney for Claimant 23 24 25 26 27 28 /// 1,0UNCIL MFFG 3f11/85 GENDA ITEM NO. : A - 5 • _M_E M_0 R A N D_U_M_ TO: City Council FROM: Georgene Kreinberg, Administrative/Personnel Analyst SUBJECT: Claim Denial - Michael Keller DATE: March 11, 1985 Claimant alleges damage to his vehicle after he struck two potholes on a City street. The City's claims adjustor _finds insufficient evidence of City negligence and recommends denial. I concur. • VERIFIED CLAIM Claim against the City of Atascadero, California, pursuant to the Government.'Code' of-'the ate of California. j 0: City Clerk City of Atascadero 1. etc C �� Cc JO i9 ✓4T ScgI)e gr3q.? -222- Name of Claimant Address/City/State/Zip Telephone No. 2. Idesire notices to be sent to the following address: 3. The date, place and other circumstances of the occurrence or transaction that give rise to this claim areas follows: 10- Z5� r,7��LJ) cJg&) 90 fl)LC:�q (4&n /'tUe[y) Date Time Location Describe circumstances: Flet- ILU-IJI',uc, Lt-_Pi- O-P-C n� Uti�`�© S►�� Al��v�s r,a� ,BTU a UQ 4. Generally describe the injury, damage or loss incurred so far as it is known at this time: 'T(,ie ten"ST O-P -o�_z /S 7Fs I'S a)Old e if 5: The name(s) of the public employee(s) causing .the injury, damage or loss as now known is/are: 6. The amount claimed a� of the date of presentation of this claim is $ which includes $ as the estimated amount of any prospective injury, damage or loss. 7. The basis of computation of the claim is as follows: VERIFICATION State of California ) ss County of San Luis Obispo) I, the undersigned, say: I am the claimant (or the person presenting this claim on behalf of the claimant) in the above entitled action; I have read the foregoing claim and now the con- tents thereof; and that the same is true of my own knowledge, except as to the matters which are therein stated upon my information or belief, and astothose- matters that I believe to be true. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Oecuted on 101,9.q f g-`f at 1qTASCil.n L-rc> C'.L I Date City and State A . Signature of ,Claimant or his authorized representative WPCIL MEETING : 111/$5 AGENDA ITEM NO.: B '. 1 M E M O R A N D U M TO: City Council VIA: Mike Hicks, Acting City Manager FROM: Henry Engen, Planning Director RE: ZONE CHANGE 2-85-: A Zoning Text Revision modifying Sections 9-4.143 (b) and 9-4.141 (a) to allow grading on slopes in excess of 30% to be approved through a precise plan approval (staff approval) . BACKGROUND: This Amendment was initiated by the Planning Commission. The Zoning Ordinance now requires conditional use permit approval (Planning Commission approval after a public hearing) for grad- ing on slopes greater than 30%. Precise plan approval (staff level) is now required for projects which propose grading on slopes in excess of 20% and less than 30%. The intent of this text change is to allow all future grading proposals in excess • of 20% to be approved at staff level through precise plan ap- proval. This will free the Commission from hearing such items unless there is an appeal by an applicant or concerned interested party. The 20% benchmark for review is required under the Cali- fornia Environmental Quality Act. This zone change also includes correcting a printing error con- tained in Section 9-4.141 (a) . Staff recommended approval of the change to streamline the pro- cess. No one appeared to testify at the Commission public hearing. RECOMMENDATION: Adoption of the attached Ordinance. HENRY ENGEN MIKE HICKS Planning Director Acting City Manager ENCLOSURES: Draft Zoning Text Amendment Ordinance No. 99 • ORDINANCE NO. 99 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT RELATIVE TO ALLOW GRADING ON SLOPES IN EX- CESS OF 30 TO BE APPROVED THROUGH A PRECISE PLAN APPROVAL (STAFF APPROVAL) WHEREAS, the proposed zoning ordinance amendment proposes standards consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regula- tions; and WHEREAS, the proposed amendment will not have a significant adverse effect upon the environment and preparation of an Environmental Impact Report is not necessary; and WHEREAS, Atascadero Planning Commission has held a public hearing and has recommended approval of Zoning Ordinance Text Amendment 2-85. NOW, THEREFORE, the City Council of the City of Atascadero does ordain as follows.: Section '1. Council Findings. 1. The proposed zoning ordinance text amendments propose standards consistent with the General Plan as required by Section 65860 of the California Government Code. 2. The proposed Code Amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regu- lations. 3. The proposed amendment will not have a significant adverse effect upon the environment, and the preparation of an Environmental Im- pact Report is not necessary. Section 2. Zoning Text Change Zoning Ordinance Text Amendment 2-85 is approved to change the text as follows: 1. Modify Subsection (a) to 9-4.141 (Grading Permit - Application Content) as follows: (a) Minor Grading: Where Section 9-4 .140 requires a grading permit and the grading will move less than 5, 000 cubic yards and is located on slopes less than 200; the application for a grading permit is to include the following: ORDINANCE NO. 99 Page Two 2 Revise the wording of Section 9-4.143 (b) to read as follows: (b) Creation of Building Sites Slope Limitations Grading for the purpose of creating a site for a building or structure shall be prohibited on slopes of TWENTY PERCENT (20%) or greater except where authorized through PRECISE PLAN approval. 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 news- paper of general circulation, printed, published and circulated in this City in accordance with Government Code Section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 4. EffectiveDate. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the- thirty-first (31st) day after its passage. The foregoing ordinance was introduced on March 11, 1985, and adopted at a regular meeting of the City Council held on AYES• NOES: ABSENT ROLFE D. NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO CONTENT: MIKE HICKS, Actin City Manager , APPROVED AS TO F RM: A ALLEN GRIMES, City Attorney 4OUNCIL MEETING : 3/11/85 AGENDA ITEM NO, B - 2 M E M O R A N D U M • TO: City Council March 11, 1985 FROM: Mike Hicks, Acting City Manager SUBJECT: PROPOSED RESOLUTIONS 58-84 AND 59-84 - ACCEPTING LOS ALTOS AND SAN MARCOS ROADS INTO THE CITY STREET MAINTENANCE SYSTEM The attached Resolutions 58-84 and 59-84 are presented to you for your consideration of accepting portions of Los Altos Road and San Marcos Road into the City of Atascadero Street Maintenance System. Both roads were constructed by Dick Davis (Consulting Engineer is Twin Cities Engineering) and inspected throughout the con- struction by Public Works personnel and the engineer. The Public Works Engineer did a final inspection and approved the roads on February 21, 1985 . The as-built plans have been found to be satisfactory. • Staff recommends Council APPROVE Resolutions 58-84 and 59-84 and ACCEPT Los Altos Road and San Marcos Road into the City of Atascadero Street Maintenance System, subject to the road con- struction agreement previously executed on August 30,1982 . This agreement provides for street maintenance by Mr. Dick Davis for a period of one (1) year after acceptance. MH:kv Attachments as noted • RESOLUTION NO. 58-84 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ACCEPTING PORTIONS OF LOS ALTOS ROAD INTO THE CITY STREET MAINTENANCE SYSTEM The Council of the City of Atascadero resolves as follows: 1. Pursuant to the provisions of Section 1806 of the California Streets and Highways Code, the following street is hereby accepted for maintenance into the City Street systema That portion of Los Altos Road running between Highway 41 and San Marcos Road more particularly described as follows; Those portions of Lots 1 , -2, and 36 of Block 801, as shown on 3 AC/MB/116, Lots 12 and 13 of Block 60 , as shown on 3 AC/MB/86 , and Lots 22--A and 26-A, as shown on 3 AC/MB/113B, said portions being more particularly described as follows : Parcel No. .1 (Los" Altos Road) A strip of land 40 . 00 feet wide, 20 . 00 feet on each side of the following described centerline: Commencing at the lot corner common to Lots 22-A and 23-A of Block 60 and Lot 37 of Block 80 , as shown on 3 AC/MB/113B, said point being the beginning of a curve, concave to the South and having a radius of 573. 10 feet (a radial line from said point bears S 10°21100"E) ; Thence Easterly along said curve through a central angle of 9°401 , an arc distance of 96. 69 feet; Thence N 89019100"E, a distance of 101. 50 feet to the TRUE POINT OF BEGINNING; Thence Northerly, Westerly, Easterly, and Southerly along the centerline of Los Altos Road, through its var- ious courses , to the centerline intersection of Los Altos Road and San Marcos Road, as shown on said Maps , said point being the POINT OF 'TERMINUS. Parcel No. 2 (Los Altos Road) A strip of land 40. 00 feet wide , 20 . 00 feet on each side of the following described centerline : . �i Resolution No. Page 2 Commencing at the lot corner common to Lots 22-A and 23-A of Block 60 and Lot 37 of Block 80 , as shown on 3 AC/MB/113B, said point being the beginning of a curve, concave to the South, and having a-radius of 573. 10 feet (a radial line from said point bears S 10°21100"E) ; Thence easterly along said curve through a central angle of 9°401 , an arc distance of .96 . 69 feet; Thence N 89°19100"E, a distance of 101. 50 feet to the TRUE POINT OF BEGINNING; Thence S 89019100"W, a distance of 14 . 60 feet to the beginning of a tangent curve ,concave to the East 'andlhaing a radius of 50 . 00 feet; Thence Westerly and Southerly along said curve , through a central -angle of 143°12131' , an arc distance of 124 .97 feet; Thence S 5305313611E, a distance of 231. 88 feet, to the beginning of a tangent curve, concave to the West, and having a radius of 65 . 00 feet; Thence Southerly along said curve, through a central angle of 89036 ' 01", an arc distance of 101 . 65 feet ; Thence S 35°41137"W, a _distance of 275 . 82 feet, to the beginning of a tangent curve, concave to the Northwest , and having a radius of 500 . 00 feet; Thence Southwesterly along said curve , through a central angle of 1402813011, an arc distance of 126 . 32 feet; Thence S 50010107"W, a distance of 93. 56 feet to the centerline of Morro Road (State Highway 41) as shown on said Map. Except therefrom that portion lying within Morro Road (State Highway 41) . Parcel No. 3 (Los Altos Road) That portion of Lot 36 of Block 80 , described as follows Commencing at the centerline point on Los Altos Road common to Lots 14 and 14D of Block 60 and Lots 35 and 36 of Block 80 , said point being the beginning of .a curve , concave to the South and having a radiusof573. 10 feet (a radial line from said point bears S 10021100"E) ; Resolution No. Page 3 Thence Easterly along said curve through a central angle of 9°401 , an arc distance of 96. 69 feet; Thence N 89019100"E, a distance of 101 . 50 feet to the beginning of a tangent curve, concave to the North, and having a radius of 143. 40 feet ; Thence Northeasterly along said curve , through a central angle of 2500010011, an arc distance of 62 . 57 feet Thence N 64019 ' 00"E, a distance of 153 .20 feet to the beginning of a tangent curve , concave to the Northwest, and having a radius of 191. 10 feet; Thence Northeasterly along said curve , through a central angle of 17°00100", an arc distance of 56 . 70 feet to the TRUE POINT OF BEGINNING. Thence N 42°41 ' 00"W, a distance of 45:00 feet; Thence N 47019100"E, a distance of 108 . 89 feet to the beginning of a curve , concave to the Northwest and having a radius of 146 . 10 feet a radial line from said point bears ( N 4204110011W) ; Thence Northeasterly along said curve, through a central angle of 13°2010011, an arc distance of 34 . 00 feet; Thence N 33°59 ' 00"E, a distance of 13. 10 feet to the beginning of a tangent curve, concave to the West, and having a radius of 50 . 80 feet; Thence Northerly along said curve, through a central angle of 65°4010011, an arc distance of 58. 22 feet ; Thence N 58°19100"E, a distance of 10 . 00 feet; Thence N 31°41100"W, a distance of 50 . 30 feet ; Thence N 58019100"E, a distance of 10 . 00 feet to the beginning of a curve, concave to the Southwest and having a radius of 166. 10 feet (a radial line from said point bears S 58°19 ' 00"W) ; Thence Northwesterly along said curve, through a central angle of 17020100" , an arc distance of 50 . 25 feet to the begin- ning of a tangent curve, concave to the East , and having a Resolution No. Page 4 radius of 97. 00 feet; Thence Northerly along said curve, through a central angle of 79020100", an arc distance of 134. 31 feet; Thence N 30019100"E, a distance of 38. 00 feet to the beginning of a tangent curve, concave to the West , and having a radius of 261. 60 feet ; Thence Northerly along said curve, through a central angle of 10°00100", an arc distance of 45 .66 feet ; Thence N 2001910011E, a distance of 216. 90 feet to the beginning of a tangent curve concave to the West, and having a radius of 548. 10 feet ; Thence Northerly along said curve, through a central angle of 18°40 ' 00", an arc distance of 178. 57 feet; Thence N 1039100"E, a distance of 151. 20 feet; Thence S 8302110011W, a distance of 25. 00 feet to the centerline of Los Altos Road Thence Southerly along said centerline to the POINT OF BEGINNING Except therefrom those portions lying within Los Altos Road (40. 00 feet wide), as shown on said Map. SEE EXHIBIT "A" 2. The 'City Clerk shall furnish a copy of this resolution to: Mr. Richard L. Davis 10575 San Marcos Road Atascadero, CA 93422 Resolution No. Paj*5 • On motion by Council Member seconded by Council Member the Atascadero City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: Ayes: Noes: Absent: Adopted this day of 1985. Rolfe Nelson, Mayor ATTEST: Robert M. Jones, City Clerk APPROVED AS T FORM: Allen Grimes, City Attorney APPROVED AS TO CONTENT: Mike Hicks, Acting City Manager • SEMI 6d9 fe L eff. Aj �• 17 /83.07 Nd jg3.07 q P64c, y�� . ~• js` Zo i II Iqj � a � � o ,o• �;r"Y Z.A y � r O I �'° P�b 2 TA r 4- 79 `\ DcA e s ` a '�Y�� ,� • i " .K'i�i' �', �'s� 4'Sig °"�ay. ���'� w b, .n i"' � � 3 3�� : ;� � �'Wrkx6.k�`"} a} Xt r°fir� .�'_ yea°' �• �' s Ags Aar �a 04 9-r4 c ac._ \� J <:ti• NQS'3o w_ jg3.o7 o.3 4;�1J t'!:_p� 5.0 <A°te n84'S=.j - 0 7� 9 a.. o � t 9 c� o59 6?Q9 9 rf* IV a t+5r 1. Ao j 9s3s° 22 lot 41 r Z. r % 9 2AA_Ae •5 P b• 1hs30 / \\ ys" 20 4 TDA G-e o.. y .• l•C SpS4o '��g3 4d roi F �a • ar. - Ci 378 /83.07 ,�.a �s` pu uT o , s•© <� 3*_nes. ,a � '. z N C. k N 3° 01 a 1 - __ •� 1 i jS. � +?, fit` 59 A7yL9i9r;o�p�,�y is soRIJ 9r o 41 Air a ♦ gaa 4-tp 1 • • sTAac / t v�•2 a OcA- 79 w n p 2 w � y PFS6 �^•� !✓" _`�•i/jj7 JJp���- RESOLUTION NO. 59-84 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ACCEPTING A PORTION OF SAN MARCOS ROAD INTO THE CITY STREET MAINTENANCE SYSTEM The Council of the City of Atascadero resolves as follows: 1. Pursuant to the provisions of Section 1806 of the California Streets and Highways Code, the following street is hereby accepted for maintenance into the City Street system. That portion of San Marcos Road, being more particularly described as follows• Those portions of Lots l through 12 , Inclusive, of Block 60 , as shown on 3 AC/,.MB/85 and 86, Lots 1 through 3. Inclusive, of Block 41, as shown on 3 AC/MB/56 , and Lots 25 through 27, Inclusive, of Block 59 , as shown on 3 AC/MB/835, being more particularly described as follows : Parcel No. 1 (San Marcos Road) A strip of land 40 . 00 feet wide , 20 . 00 feet on each side of the following described centerline : Beginning at the centerline intersection of San Marcos Road and Los Altos Road, as shown .on said Maps , said point being the 'TRUE POINT OF BEGINNING. Thence Easterly, Southerly, Westerly, and Northerly along the centerline of San Marcos Road, through its various courses , as shown on said Maps , to the point in San Marcos Road being the lot corner common to Lots 1 and 2 of Block 60, said point being the beginning of a curve, concave to the Northwest and having a radius of 72. 00 feet; ' Thence Northeasterly along said curve , through a cen- tral angle of 77°22 ' 00", an arc distance of 97. 22 feet; Thence N 18024100"E, a distance of 41. 16 feet to the POINT OF TERMINUS. EXCEPTING from said centerline, the following described part : Beginning at a point in the centerline of San Marcos Road said point being the lot corner common to Lots 4 and 5 of Block 60 , as shown on said Maps ; Thence N 3201510017, a distance of 58 . 90 feet, to the beginning of a curve, concave to the Southwest and having a radius of 286 . 60 feet ; Resolution No. Page 2 Thence Northwesterly along said curve , through a central angle of 21°40 ' 00", an arc distance of 108 . 38 feet; Thence N 53°55100"W, a distance of 16. 70feet to the beginning of a curve, concave to the South, and having a radius of 48. 30 feet; Thence Northwesterly along said curve, through a central angle of 97'.20100", 1 an arc distance of 82 . 05 feet; Thence S28046100"W, a distance of 15. 20 feet to the POINT OF TERMINUS. EXCEPTING ALSO from said centerline, the following des- cribed part : Beginning at a point in the centerline of San Marcos Road, said point being the lot corner common to Lots 4 and 5 of Block 60 , as shown on said Maps , said point being the begin- ning of a curve, concave to the North and having a radius of 48. 30 feet (a radial line from said point bears N 57045 ' 00''E) , Thence Easterly along said curve, through a central angle of 14500010011, an arc distance of 122 . 23 feet; Thence N 02045100'.'E,a distance of 55. 90 feet to the beginning of a curve, concave to the South, and having a radius of 48.30 feet. Thence Northeasterly along said curve, through a central angle of 11704010011, an arc distance of 99 . 19 feet to the POINT OF TERMINUS . Parcel No. 2 (San Marcos Road) A strip of land 40 .00 feet wide, 20 . 00 feet on each side of the following described centerline ; Commencing at a point in the centerline of San Marcos Road, said point being the lot corner common to Lots 4 and 5 Resolution No. Page 3 of Block 60 as shown on said Maps • Thence N 32015100"W, a distance of 58.90 feet, to the beginning of a curve, concave to the Southwest and- having a radius of 286 .60 feet; Thence Northwesterly along said curve, through a central angle of 21°40 ' 00", an arc distance of 108 . 38 feet ; Thence N 53055100"W, a distance of 16 . 70 feet to the beginning of .a curve, concave to the South, and having a radius of 48. 30 feet; Thence Northwesterly along said curve, through a central angle of 97 °20 ' 00", an arc distance of 82. 05 feet; Thence S 28046 ' 00"W, a distance of 15 . 20 feet to the TRUE POINT OF BEGINNING. Thence N 28°42147"E, a distance of 15. 19 feet to the beginning of a curve, concave to the Southeast and having a radius of 48. 3 feet; Thence Easterly along said curve, through a central angle of 6504010511, an arc distance of 55. 36 feet; Thence S 85031134"E, a distance of 287. 53 feet to the beginning of a curve, concave to the South, and having a radius of 48. 3 feet ; Thence Easterly along said curve, through a central angle of 25051105° , an arc distance of 21 . 79 feet to a point on the centerline of San Marcos Road as shown on said .Maps, said point being the POINT OF TERMINUS . Parcel No. 3 (Sari Marcos Road) Beginning at a point in the centerline of San Marcos Road, said point being also the corner common to Lots 9 and 10 of Block 60 ; - Thence N 62°37' 00"E, a distance of 20 . 00 feet ; Thence S 27023100"E, a distance of 20 . 00 feet; Thence S 19°45 ' 05"W, a distance of 121 . 72 feet ; Thence S 85°17 ' 00"W, a distance of 20 . 00 feet ; . Thence Northerly along the centerline of said San Marcos Road to the POINT OF BEGINNING. EXCEPT THEREFROM those portions lying within San Marcos t Resolution No. Page 4 Road` (40 . 00 feet wide) as shown on said map. Parcel No. 4 (San Marcos Road) Beginning at a point in the centerline of San Marcos Road, said point being also the corner common to Lots 8 and 9 of Block 60 ; Thence N 28`°07' 00"E, a distance of 15 . 00 feet ; Thence S 61053100"E, a distance of 20 . 00 feet; Thence S 22°10129"E, a -distance of 42 . 94 feet ; Thence S 82°43 ' 00"E, a distance of 139 . 10 feet, to the beginning of a tangent curve, concave to the North, and having a radius of 108 . 40 feet; Thence along said curve, through a central angle of 2400010011, a distance of 45. 41 feet ; Thence N- 73°17'.00"E, a distance of 7. 20 feet ; Thence S 16°43 '00"E, a distance of 10 . 00 feet ; Thence N 73°17 ' 00"E, a distance of 43. 26 feet; Thence S 65°25 '00"E, a distance of 124. 32 feet to the Easterly line of said Lot 27; Thence S 35050100W along said Lot Line, a distance of 25 . 10 feet to the intersection with the centerline of San Marcos Road; Thence Westerly and Northerly along the centerline of San Marcos Road to the POINT OF BEGINNING. EXCEPT THEREFROM those portions lying within San Marcos Road (40 . 00 feet wide) as shown on said map.. Parcel No. 5 (San Marcos Road) .Commencing at a point in the centerline of San Marcos Road, said point being also the corner common to Lots 26 and 27 of Block 59 ; Thence N 75018100"W, a distance of 203. 40 feet to the TRUE POINT OF BEGINNING. J ' Resolution No. Page 5 -- Thence S 14042 ' 00"W, a distance of 25 .00 feet to the beginning of a curve , concave to the South, and having a radius of 47. 00 feet (a radial line through said point bears S 14°42100"W) ; Thence Westerly along said curve, through a central angle of 7000510011, a distance of 57.49 feet; Thence N 55023100W, a distance of 25 . 00 feet to the centerline of San Marcos Road; Thence Easterly along the centerline of San Marcos Road to the POINT OF BEGINNING. EXCEPT THEREFROM that portion lying within San Marcos Road (40 . 00 feet wide) as shown on said map. Parcel No. 6 (San Marcos Road) Beginning at a - point on the centerline of San Marcos Road said point being the lot corner common to Lots 3 and 4 of Block 60 , as shown on said Maps : Thence N 31°05100"E, a distance of 183. 80 feet; Thence N 58055100"W, a distance of 30 . 00 feet; Thence S 31005110011W, a distance of 183 . 80 feet to the beginning of a curve, concave to the Northwest and having a radius of 113. 40 feet; Thence Westerly along said curve, through a central angle of 60040100", an arc distance of 120 . 07 feet; Thence N 8801510011W, 38. 80 feet to the beginning ,of a curve, concave to the North and having a radius of 161. 10 feet ; Thence Westerly along said curve, through a central angle at 280401.0011, an arc distance of 80 . 60 feet; Thence N 59°35100"W, a distance of 30 . 40 feet to the beginning of a curve, concave to the South and having a radius of 78. 30 feet; Resolution No. Page 6 • Thence Westerly along said curve, through a central angle of 25051105", an arc distance of 35 . 33 feet ; Thence .N 85°31° .3411W, a distance of 40 . 00 feet; Thence S 4°28 ' 26"E, a distance of 30 . 00 feet ; Thence S 85°31134"E, a distance of 40 .00 feet to a point on the centerline of San Marcos Road, as shown on said Map Thence Easterly along the centerline of San Marcos Road to the POINT OF BEGINNING. EXCEPT THERFROM that portion lying within San Marcos Road (40 . 00 feet wide) as shown on said Map. I Parcel No. 7 (San- Marco's Road) Beginning at a point on the centerline of San Marcos Road, said point being the lot corner common to Lots 5 and 6 of Block 60 , as shown on said Maps : Thence N 7025100"E, a" distance of 35. 00 feet to the beginning of a curve, concave to the Southwest and having a radius of 226. 10 feet (a radial line from said point bears S 7025100"W) ; Thence Easterly along said curve, through a central angle of 27000100" , an arc distance of 106. 55 feet ; Thence S 55°35100"E, a distance of 7. 20 feet to the beginning of a curve, concave to the Northwest and having a radius of 60 . 80 feet; Thence Northeasterly along said curve, through a central angle of 9504010011 , an arc distance of 101. 52 feet ; Thence N 28°46100"E, a distance of 15 . 20 feet to the beginning of a curve concave to the -Southeast and having a radius of 83. 30 feet; Resolution No. Page • • Thence Northeasterly along said curve, through a central angle of 65' 40' 05" an arc distance of 95. 47 feet; Thence S 4° 26105" , an arc distance of. 35.00 feet to a point on the centerline of San Marcos Road, as shown on said Maps; Thence Westerly along the centerline of San Marcos Road to the POINT OF BEGINNING. EXCEPT THEREFROM that portion lying within San Marcos Road (40. 00 feet wide) as>rhown on said Maps. SEE EXHIBIT "A" 2. The City Clerk shall furnish a copy of this resolution to: Mr. Richard L. Davis 10575 San Marcos Road 0 Atascadero, California 93422 Resolution No. 9 Page 8 II I On motion by Council Member , seconded by Council Member , the Atascadero City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: Ayes Noes: Absent: Adopted this. clay of 1985. Rolfe Nelson, Mayor ATTEST: Robert M. Jones City Clerk APPROVED As TO RM: Allen Grimes, City Attorney APPROVED .AS TO CONTENT: Mike Hicks, Acting City Manager r: • �� C7 heal 8 \ ' Qvv l tM 7 oroel �Q y� S�A32 .y� )P493 4�� )� ♦Mo•S'b' 25 �s 4.79,gc. / .n'f 27 xi s- S44,9c. 'a26 tso.o) /4.8 0 b ° 4/-/C' 92.74 in 6s'2s c L�w as 4 h� N36• 30 s. 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G �No•,sp' R' � � PR gig° 25 y / 4.79Rc. 3 s T 0,24, i 544,9c. l,l 'o�srs 4.8 0 V 26} 02.74 • a as78 2 cm` AI 31. cr) A132-15' 14 d O �t�.o9 • mow` MSW �1 N 30'f- / OrT *O y 4 � • �§e v LI.9 .... 4.zA - - '+�• d ♦ � ; q� •o.S'✓ �BOJ. �6F "7r � � �' Imo'.• V � c`y :y han6 8 N� 'rgv� / Ih 4fa�o1 1032 q Baas Q V o .Mo•,Sb' R�� �,96. 25 y .4 79Hc. 27 0 w ee, Q V �� _ 26 82.74 CS Zs �• z �N V) /yse•E �1f6" •�3p. c M a o1 Ko oWWNI sfT iC�� • � �9j;fs�.�t•7 a1Q � rill Nat•/S9✓ , ss.9 a v�; S ! +Q O SPQUNCIL MEETING : 3/11/85 AGENDA ITEM NO, B 3 • M E M O R A N D U M TO: City Council March 11, 1985 VIA: M ,rhael; G. Hicks, Acting City Manager FROM: Henry Engen, Planning Director RE: Proposed Revised Fee Schedule For Planning Services BACKGROUND The existing fee schedule for planning services covering zoning, gen- eral plan amendments, subdivisions, etc. , is dated December 1, 1982, and incorporates fees developed prior to then. Staff has analyzed the - actual cost of processing entitlement requests and researched the charges of other communities in the County, and proposes adopting the schedule incorporated in the attached draft resolution. ANALYSIS . Staff analyzed the actual cost of processing a wide variety of land use entitlements in order to recoup actual costs incurred by the City in processing applications. Proposed changes in the cost per applica- tion range from reductions of up to 80% (precise plans-time exten- sions, $50 currently with $10 recommended) to increases of up to 173% (current general plan map amendment is $275; proposed fee is $750) . Importantly, a number of procedural costs to the City are not recov- ered at present, and fees are proposed to be established for the fol- lowing planning services: Zoning adjustments, tree removal permits, prezonings of land annexed to the City, lot mergers, final maps, road name changes, address changes, applicant-requested agenda continu- ances, annexations and special research requests. It is also proposed that where there are more than one application being processed for the same development project (e.g. a conditional use permit and an ad- justment or a general plan amendment and a rezoning) that the fee for such consolidated processing be limited to that of the more costly application. It is difficult to project the likely revenue increase the attached schedule will generate, but I would estimate $5,000-$10,000 per year. STAFF RECOMMENDATION Approval of attached Resolution No. 6-85. ATTACHMENTS: Draft Resolution No. 6-85 December 1, 1982 Planning Department Fees Memorandum RESOLUTION NO. 6-85 A RESOLUTION OF THE 'ATASCADERO CITY COUNCIL REVISING AND ESTABLISHING PLANNING APPLICATION FEES WHEREAS, the Government Code provides that fees may be collected to cover the costs of processing applications and other planning ser- vices; and WHEREAS, it is appropriate to establish user fees and deposits which cover the cost of providing the services requested; and WHEREAS, the Planning Department has analyzed the cost of processing various types of development applications. NOW, THEREFORE, the Council of the City of Atascadero does resolve to establish the following fee schedule for planning services: 1. ZONING APPLICATIONS Fee Home Occupation $ 15 Precise Plan $ 200 Conditional Use Permit $ 300 Adjustment $ 35 Variance $ 250 Tree Removal Permit $ 35 Rezoning - Map $ 650 - Map - planned development $ 900 - Text $ 550 Pre-zoning $1,100 2. GENERAL/SPECIFIC PLANS General Plan Amendment - text $ 650 General Plan Amendment - map $ 750 Specific Plan Initial Review $ 200 If Authorized $ Direct cost + 24% 3. SUBDIVISION APPLICATIONS Tentative Maps Lot Line Adjustment $ 325 Parcel Map $ 400 Tract Map $ 485 Condominium Map $ 770 Condominium Conversion Map $ 640 Final Map $ 190 Lot Merger $ 35 Certificate of Compliance $ 75 Resolution N0 6-85 4. ROADS Road Abandonment $ 330 Road Name Change $ 330 Address Change $ 170 5. PROCEDURAL REQUESTS Time Extensions - Precise Plan $ 10 - Conditional Use Permit $ 40 - Subdivisions/Parcel Maps $ 220 Reconsideration Request (of approved $ 150 entitlement) Applicant-Requested Continuance $ 40 Ag Preserve Cancellation $ 420 Appeal to Planning Commission $ 100 Appeal - to City Council $ 100 Planning Commission Interpretation $ 150 6. OTHER PLANNING SERVICES Annexations Initial Review $ 200' - If Authorized Direct cost + 24$ Environmental Impact Report Consultant's cost + 10% City Administra- tive Fee Special Research Requests Direct cost + 24% Reports and Documents Printing cost or $ .10/page Business License Fees See Attachment A Drainage Plan Review(City Engineer) $40 NOTE: CONSOLIDATED PROCESSING Where more than one entitlement is being requested (e.g. , a conditional use permit and an adjustment) the processing fee shall be that of the most costly entitlement. NOW, THEREFORE, the Council of the City of Atascadero does further resolve that this Resolution shall take effect immediately. On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following vote; AYES: NOES: ABSENT: ADOPTED: • 2 Resolution No. 6-85 0 CITY OF ATASCADERO, CALIFORNIA ROLFE NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVED AS T FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: C - MICHAEL G. HICKS, Acting City Manager i 3 ATTACHMENT "A" BUSINESS LICENSE FEES The fee for business licenses is $15 for the issuance period for all except the following: amusement parlor or arcade $30 auction, sales yard or flew market $30 billiard, room $30 card room - $300/table carnival $30 dances or live entertainment $10/day or $30/year firearms sales $30 games of skill. (prizes awarded) $50 go-kart track $25 . gunsmith f: $30 junk or salvage $30 kennel $30 locksmith $30 mechanical amusement devices $50 pawnbroker $100 moving picture show $12 photographer $30 \ prizefighting or wrestling t $25/day restaurant (with live entertainment) $30 j rodeo $30/day shooting match $30/day taxicabs $30 tent show $30/day trailer sales lot $50 transient merchant $30 The ordinance also provides for a 50% penalty fee for late payment of license fees. MEMORANDUM TO CITY MANAGER December 1, 1982 FROM: PLANNING DIRECTOR SUBJECT: PLANNING DEPARTMENT FEES 1. ZONING AND SUBDIVISION FEES Conditional Use Permit $250 Variance $200 Zone Change $550 Ag Preserve Cancellation $420 Road Abandonment r $200 Departmental Review $150 Lot Line Adjustment $325 Parcel Man (4 or less lots) $325 Parcel Map (5 or more lots) $500 plus $6/lot Tract Map (9 or less lots) $500 plus $6/lot Tract Map (10 or more lots) $570 plus $6/lot Condominium Map $675 Certificate of Compliance $220 plus $11/lot r Specific Plan -initial review $275 -if authorized labor/materials plus 20% General Plan Amendment $275 Time Extension Departmental Review $ 50 Conditional Use 'Permit $110 Parcel Map $110 , Tract Map $110 Appeals Departmental Review $100, All others $100 or 25% of application fee whichever is greater Reconsideration (i.e. map revision: $165 or change in conditions) s ' I ENSE FEES B C 2 BUSINESS L U The fee for business licenses is $15 for the issuance period for all except the following: amusement parlor or arcade $30 auction, sales yard or flea market $30 billiard room $30 card room _. X300/tab carnival $30 dances or live entertainment $10/day or $30/year firearms sales $30 games of skill, (prizes awarded) $50 go-kart track $25 + gunsmith j: $30 junk or salvage $30 kennel $30 locksmith $30 f mechanical amusement devices $50 pawnbroker $100 moving picture show $12 photographer $30 prizefighting or wrestling $25/day restaurant (with live entertainment) $30 .codeo> $30/day shooting match $30/day taxicabs $30 tent show $30/day trailer sales lot $50 transient merchant $30 The ordinance also provides for a 50% penalty fee for late payment of license fees. l ' 3. BUILDING FEES - L The following attached schedules illustrate various fees which are collected for permits: building permits (ATTACHMENT #1) electrical permits (ATTACHMENT #2) plumbing permits (ATTACHMENT #3) grading, relocation and mobile home permits (ATTACHMENT #4 & 5) sign permits (ATTACHMENT #6) Additional miscellaneous fees are as follows: compliance survey $30 issuance $11 driveway encroachment $15 4 . MISCELLANEOUS FEES 1980 Atascadero General Plan $12.50 (includes map) a7 General Plan Map $ 1. 00 Draft Zoning Ordinance $20 . 1000 Scale Maps $ 3. 25 Xerox Copies $ 0.10/page t All of the fees in the first three groups are based upon County fees in effect at the time that the City took over the particular function in 1980. The fees in the fourth category are based on a determination of actual costs. The Department has undertaken a" review of all of the above fees based on actual costs and is now preparing recommendations to adjust fees. That recommendation will be available shortly and will include back-up material used to support it. �OUNCIL MEETING: 3/11/85 AGENDA ITEM NO, : C 1 M E M 0 R A N D U M TO: CITY COUNCIL VIA: MIKE HICKS, ACTING CITY MANAGER FROM: HENRY ENGEN, PLANNING DIRECTOR SUBJECT: ZONE CHANGE 7-84 LOCATION; 8800 El Centro Avenue APPLICANT: Michael Yeomans/Joseph Lindsey REQUEST Draft Ordinance to Implement Council ' s February 25th General Plan Amendment - ZC 7-84 : To change the zoning from RSF-Y (Single Family Residential) to RMF (6) (PD) (Multiple Family Residential) Planned Develop- ment Overlay - 6 Units Per Acre BACKGROUND; At the Council' s February g25th meeting, Council took action to adopt Revised Resolution No. 11-85 approving General Plan Amend- ment and, following public hearing, directed Staff to bring back a formal ordinance to implement the proposed Summerfield develop- ment of some twenty-four (24) detached single family units. RECOMMENDATION: Approval of attached Draft Ordinance No. 100 for first reading. /Ph Enclosure: Draft Ordinance No. 100 cc : Mike Yeomans ORDINANCE NO. 100 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT AND MAP BY REZONING LAND AT 8800 EL CENTRO BY ESTABLISHING PLANNED DEVELOPMENT OVERLAY ZONE NO. 5 (PD5) FROM RSF-Y SINGLE FAMILY RESIDENTIAL TO RMF (6) (PD) MULTIPLE FAMILY RESIDENTIAL (PLANNED DEVELOPMENT OVERLAY- 6 UNITS PER ACRE) NEW ZONING SECTION 9-3.649. ZC 7-84 (YEOMANS) WHEREAS, the proposed zoning ordinance amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regula- tions; and WHEREAS, the proposed amendment will not have a significant adverse effect upon the environment and preparation of an Environmental Impact Report is not necessary; and WHEREAS, the Atascadero Planning Commission has held three (3) public hearings and has recommended approval of Zoning Ordinance Amendment 7-84 on February 12, 1985. NOW, THEREFORE, the City Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposed revision will not have a detrimental effect upon the community' s health, safety and welfare. 2. The proposed revision is consistent with City ordinances and the General Plan. 3. Pursuant to the California Environmental Quality Act, the Negative Declaration granted the project by the Planning Commission is appropriate. Section 2. Zoning Text Change: Zoning Ordinance Amendment 7-84 is approved to add the following Section 9-3.649 to read as follows: ORDINANCE NO. 100 Page Two 1. That the zoning text be changed to include the establishment of Planned Development Overlay Zone No. 5 as follows: 9-3. 649 Establishment of Planned Development Overlay Zone No. 5 (PD5) . The Planned Development Overlay Zone No. 5 is established as shown on the Official Zoning Maps (Section 9-1.102) . The following conditions of development are established: (a) Development shall conform to the approved Summerfield Devel- opment 'Plan as modified by applicant' s letter of February 7, 1985. (Exhibit "B") (b) Development shall be subject to any City-wide development fee schedule which may be adopted by the City Council. Section 3 Zoning Pap Change Zoning Ordinance Map Amendment 7-84 is approved to change Zoning Map No. 19 as indicated in Exhibit "A". 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 news- paper of general circulation, printed, published and circulated in this City in accordance with Government Code Section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its* certification to be entered in the Book of Ordinances of this City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the thirty-first (31st) day after its passage. The foregoing ordinance wasintroduced on March 11, 1985, and adopted at a regular meeting of the City Council held on AYES: NOES ABSENT: ROLFE D NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk a�V AS TO CONTENT: IKE HICKS, Acti g City Manager APPROVE AS TO RM: GRIMES,ALLEN City Attorney �Y OR N � at= Y a Q , on � ti N 4 3 Office of the Mayor 26 February 85 City Hall Atascadero, California Mayor Nelson, This is to inform you that I, on behalf of the neighborhood, am appealing the City Council's decision to certify a Negative Declaration on the Environmental Impact Study for the Yeomans/Lindsey Project located on lot 24, block 4 of tract Eaglet /1. The reasons for this appeal are as cited below: 1. From the first Planning Commission hearing, and through all four subsequent hearings, there has been a very large and vocal opposition, both from neighborhood and city residents, objecting to the negative environmental impact which this project will have on our neighborhood and the city itself. 2. The project will seriously disrupt the ecology of a particularly beautiful piece of property within the neighborhood. Specifically, it will: disrupt a seasonal stream & bog, destroy many large natural Oaks, and aggravate a serious drainage problem already in the neighborhood. 3. Problems with school overcrowding, neighborhood traffic safety, main traffic artery access, water & sewege capacity, road& culvert maintenance, police crime control, and adequate fire protection make City Services marginal under current conditions. The addition of 24 new homes in the proposed configuration will make the situation totally unreasonable. When considering these and other lesser issues, it is incomprehensible to us that the City Council would choose to remove the requirement for a full Environmental Impact Study on the project in question. Sincerely, William D. Rempei 8475 E1 Dorado, Atasc. • �l • 4FOUNCIL MEETING 3/11/85 AGENDA ITEM NO. : C 2 • M E M O R A N D U M TO: City Council . March 11, 1985 FROM: Mike Hicks, Acting City Manager SUBJECT: PROPOSED ORDINANCE NO. 98 - AMENDING THE OFFICIAL ZONING ORDINANCE TEXT RELATIVE TO ENABLING WAIVER OF THE TEN FOOT SETBACK REQUIREMENT IN COMMERCIAL AND INDUSTRIAL ZPNES ADJACENT TO RESIDENTIAL ZONES Attached is Ordinance Number 98 for the scheduled second reading. The preliminary review of this ordinance was at the February 25, 1985 Council Meeting. • MH:kv • Qv ORDINANCE NO. 98 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT RELATIVE TO ENABLING WAIVER OF THE TEN FOOT SETBACK REQUIREMENT IN COMMERCIAL AND INDUSTRIAL ZONES ADJACENT TO RESIDENTIAL ZONES E EA WH R S, the proposed zoning ordinance amendment proposes standards consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is ,in conformance with Section 65800 et seq. of the California Government Code concerning zoning regula- tions; and WHEREAS, the proposed amendment will not have a significant adverse effect upon the environment and preparation of an Environmental Impact Report is not necessary; and WHEREAS, Atascadero Planning Commission has held a public hearing and has recommended approval of Zoning Ordinance Text Amendment 1-85. NOW, THEREFORE, the ' City Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposed revision will not have a detrimental effect upon the community' s health, safety and welfare. 2. The proposed revision is consistent with City ordinances and the General Plan. 3. The proposed revision expresses the intent of the Planning Depart- ment and of the City regarding waiver of rear setback requirements in commercial and industrial zones which are adjacent to residen- tial zones. 4. Pursuant to the California Environmental Quality Act, the Negative Declaration granted the project by the Planning Commission is appropriate. Section 2. Zoning Text Change: Zoning Ordinance Text Amendment 1-85 is approved to change the text of Section 9-4.108 (b) (2) to read as follows: Section 9-4.108 (b) (2) . Adjacent to Residential Use Zone: "Where the rear property line abuts a residential zone or use, no rear setback is required for buildingsorportions of buildings which do not exceed 12 feet in height within ten feet of the rear property line. The rear setback shall be a minimum of ten feet for buildings or portions of buildings which exceed 12 feet in height. " 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 news- paper of general circulation, printed, published and circulated in this City in accordance with Government Code Section 36933; shall cer- tify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. The foregoing ordinance was introduced on February 25, 1985 and adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT: ROLFE D. NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO CO TENT: RALPH H. D WELL, JR. , Acting City Manager ,�f �OUNCIL MEETING: 3/11/85 AUNDA ITEM NO. : C - 5 • _M E�M^O^R_A_N_D U M_ TO: CITY COUNCIL VIA: MIKE HICKS, ACTING CITY MANAGER ) FROM: HENRY ENGEN, PLANNING DIRECTOR4E RE: Proposed Agreements —Community Development Block Grant BACKGROUND: At the January 28, 1985, meeting, the City Council considered a staff report relative to the status of proposed development agreements between the City and California Manor for a ninty five (95) unit senior citizen housing project. As a condition of the $600,000 block grant, the State's Housing and Community Development Department (HCD) requires that there be regulatory agreements and development agreements to implement the intent of the program, which is to draw down the monthly rents on the projects to be built under Farmers Home Administration mortgage. At the time of the January 28th meeting, staff had rejected the original contracts submitted by the State and subsequently for- warded a more simplified set of agreements to HCD for review._ Subsequently, HCD responded and the resultant agreements are enclosed herewith for your consideration. These agreements ap- pear to represent the last two major requirements before the project can be implemented. RECOMMENDATION: Direct staff to execute the enclosed two agreements to forward to HCD for approval. /ph Enclosures: Regulatory Agreement Development Agreement cc: Judy Young • (2/22/85) CITY OF ATASCADERO Housing and Community Development Agreement (Regulatory Agreement) TITLE OF PROJECT: Atascadero Senior Congregate Rental Units MEMORANDUM OF CONTRACT entered into this day of 1985 BY AND BETWEEN CALIFORNIA MANOR, a limited partner- ship, hereinafter referred to as CM. CITY OF ATASCADERO, an incorporated City of the State of California, hereinafter referred to as CITY. WHEREAS, The State of California's Department of Housing and Community Development (BCD) has informed the CITY that it has been awarded funds in the amount of $600,000 to accomplish these activities under the Housing and Community Development Act of 1974, as amended (the ACT) ; and WHEREAS, CM has executed a development agreement with the CITY on , 1985 which calls for the CITY to provide financial assistance to CM' s Farmers Home Section 515 rental project known as Atascadero Senior Congregate Rental Units (hereinfafter re- ferred to as "the Project") ; and WHEREAS, said development agreement calls for CM to "execute a record- able regulatory agreement" which shall serve to bind CM to the specified rents; and WHEREAS, the CITY has met its commitments under said contract; I. CM shall: A. Manage the PROJECT at all times in conformance with Attachment B, State Law, and the Farmers Home Administration program re- quirements, rules and regulations pertaining thereto, as amended and in effect at any given time for a period of thirty (30) years. B. Comply with Attachment B regarding reduction of PROJECT rents to reflect the reduction of PROJECT mortgage by the amount of CDBG funds used to provide land writedown. C. Forward to the CITY an annual report showing the incomes of each tenant by apartment number and the rents charged to each apartment. Each report shall also clearly show the distribution of the monthly savings to applicable units and shall contain CM' s certification under penalty of perjury that the information therein contained is accurate. 2a� D. Forward to CITY any request to Farmers Home Administration for rent increases. II. CITY shall: A. Be responsible for administering the fiscal and programmatic aspects of the subject grant. In the event the CITY determines that CM has not adequately complied with the terms of the grant, the CITY shall notify, in writing, CM and the California Depart- ment of Housing and Community Development (HCD) , III. General: A. Transfer of the Development. Express prior written approval of both, the CITY Council and HCD is required for the sale, trans- fer or conveyance of the Project by CM (1) . - Such approval shall be given provided that the following terms are incorporated into any transfer agreemer&., 1. That CM' s successor in interest agrees to assume the obli- gations of CM relating to this agreement for the duration of this agreement. 2. That CM's successor in interest is an eligible sponsor and demonstrates to the satisfaction of both the CITY and HCD that it can successfully own and operate .the PROJECT in accordance- with the terms of the contract and HCD grant. B. Violation of Regulatory Agreement by CM. In the event 'of the violation of any of the fiscal provisions of the grant by CM, the CITY, shall give written notice thereof to HCD, Farmers Home Administration and CM by registered or certified mail. If such violation is not corrected to the satisfaction of the CITY within thirty (30) days after the date such notice i's mailed (or within such further time as the CITY, in. its sole dis- cretion, may permit), the CITY may, without further prior notice, declare in writing a default under this Agreement effective on the date of such declaration of default. Upon any such declara- tion of default the CITY or HCD may apply to any court, State or Federal, for specific performance of this Agreement; .for an injection against any violation of this Agreement by RDC; re- quiring repayment of excess rentals to tenants; requesting judicial appointment of a receiver to take over and operate the property in accordance with the terms of this agreement, or for such other relief as may be appropriate, it being agreed by CM that the injury to the CITY arising from a default under any of the terms of this Agreement would be irreparable and that it would be extremely difficult to ascertain the amount of compensation to the CITY which would afford adequate relief, in light of the purposes and policies of the Program. C. Amendment. This Agreement shall .not be altered or amended ex- cept by writing executed between the parties. No such amendment shall be effective without the prior approval of HCD and City Council and without meeting the requirements of the Community Development Block Grant Program. 2 D. Partial Invalidity. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions thereof shall not in any way be affected or impaired thereby. (1) Except if required by the Farmers Home Administration for loan servicing purposes. E. Binding on Successors. This Agreement shall bind, and the benefits thereof shall inure to, the respective parties hereto, their legal representatives, executors, administrators, succes- sors in office or interest; provided, however, that CM may not assign this Agreement or any of its obligations hereunder, vol- untarily or by operation of law, without the prior approval of the CITY and the HCD. F. Recording Agreement. This Agreement shall, at the expense of the PROJECT, be acknowledged by each of the parties and recorded in the official records of the county in which the PROJECT is situated. . This Agreement shall be indexed in the grantee index to the name of CM and in the grantor index to the name of the CITY. G. Election of Remedies: Event of Default. The remedies of the_ ,CITY hereunder and under any other instrument providing for or evidencing the financial assistance provided for the PROJECT by HCD or the CITY are cumulative, the exercise of one or more of such remedies shall not be deemed an election of remedies and shall not preclude the exercise by the CITY of any one or more of its other remedies. H. Waiver. No waiver by the CITY or any breach of or default under this Agreement shall be deemed to be-a waiver of any other or subsequent breach there or default hereunder. I. Captions. The captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way defines, limits, or describes the scope or the intent of the Agreement. J. Governing Law. This Agreement shall be construed in ac- cordance with, and governed by, the laws of the State of Cal ifornia, unless otherwise governed by Federal Law. K. Notices. Written notices and other written communications by and between the parties hereto shall be addressed as fol- lows unless, and until a party hereto has, in writing, com- municated a different address to the other party hereto. L. Third Party Beneficiaries. For the purpose of this Agree- ment, HCD, FmHA, or any other governmental financing agency which has provided financial commitments for the PROJECT, are acknowledged as third party beneficiaries by the parties to this Agreement. 3 ' M. Attorneys Fees. In the event of any controversy, claim, or dispute between the parties or third party beneficiaries hereto, arising out of or relating to this Agreement or breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys . fees and costs. These conditions and restrictions shall expire on s thirty (30) years following the execution o. , is Agreement. The parties agree that this agreement is entered into as part of and in consideration of a Community Development Block Grant, . administered by the City of Atascadero and shall be recorded. CITY OF ATASCADERO CALIFORNIA MANOR By Owner Owner STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) SS, On before me, the undersigned, a notary public in and for said state, personally appeared known to me to be-' the person(s) whose names) is (are) subscribed to the within instrument and acknowledged that he executed the same. Witness my hand and official seal. Notary' s Signature 4 STATE OF CALIFORNIA ) S COUNTY OF SAN LUIS OBISPO ) SS, On , before me, the undersigned, a notary public in and for said state, personally appeared of The corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Witness my hand and official seal. Notary' s Signature 5 i ATTACHMENT A That real property situated in the City of Atascadero, County of San Luis Obispo, State of California, described as: Parcel A of Parcel Map AT 81-183, in the City of Atascadero, County of San Luis Obispo, State of California, filed for record November 25, 1981 in the Office of the County Recorder of said County in Book 31 at Page 26 of Parcel Maps. (10165 El Camino Real; APN 30-461-13) ATTACHMENT B Community Development Block Grant funds used to purchase the site shall be applied on a dollar-for-dollar basis to reduce the Farmers Home Administration (FmHA) mortgage. Rents shall be calculated, according to applicable FmHA pro- cedures based on the resultant mortgage amount to construct the project. Both parties understand that the resultant rents will incorporate savings associated with reduced mortgage pay- ments, reserve deposits, management fees, vacancy allowances and any other operational/maintenance expense savings. CM agrees to comply with applicable Farmers Home Administration (FmHA) regulations regarding FmHA approvals of rent changes (cur- rently stated by FmHA Instructions 1930-C, Exhibit C) for a per- iod of thirty (30) years even if CM or its successor should payoff the FmHA loan. CM agrees not to prepay the loan for at least twenty (20) years. (2/22/85) CITY OF ATASCADERO Housing and Community Development Agreement (Development Agreement) TITLE OF PROJECTS Atascadero Senior Congregate Rental Units MEMORANDUM OF CONTRACT entered into this day of , 1985 BY AND BETWEEN CALIFORNIA MANOR, a limited partner- ship, hereinafter referred to as CM. CITY OF ATASCADERO, an incorporated City of the State of California, hereinafter referred to as CITY. WHEREAS, The State of California' s Department of Housing and Community Development (HCD) has informed the CITY that it has been awarded funds in the amount of $600,000 to accomplish these activities under the Hous- ing and Community Development Act of 1974, as amended (the ACT) . NOW, THEREFORE, IT IS AGREED by all and between all parties that the following provisions as well as all applicable Federal, State and City laws and regulations are a part of this contract. I CM Agrees A. That any proposed amendment (s) to this contract shall be sub- mitted in writing to the CITY prior to completion by CM of construction of the PROJECT. B. To transfer to the CITY the fee simple title CM currently holds on the PROJECT site . and be reimbursed with CDBG funds by the CITY pursuant to Section II A of this agreement. CM shall bear the fees of transfer of title to the CITY. C. To purchase from the CITY the PROJECT site for the amount of one dollar plus any and all escrow expenses which are incurred by the CITY immediately following CITY reimbursement pursuant to Section II A of this agreement. D. To have a preconstruction conference with FmHA and the contractor and to begin construction of the project within 30 days of acqui- sition of the site from the CITY and notice to proceed from FmHA. E. To cooperate with FmHA and the CITY for the timely completion of the PROJECT and to comply with the provisions of Attachment B regarding allowable rent changes. F. In order to_ensure compliance with this agreement and the terms of Attachment B, CM shall execute a recordable regula- tory agreement. Said regulatory agreement shall be binding on any and all successors for a period of thirty (30) years following execution of that agreement and shall be recorded with the County Recorder. G. To affirmatively market the PROJECT to tenants who work or live in Atascadero prior to any region-wide marketing program. H. To expeditiously and diligently process the FmHA PROJECT through FmHA and take all necessary measures to ensure completion and successful operation of this PROJECT. I. To comply with all conditions of Conditional Use Permit 3-84 granted by the Planning Commission for the PROJECT (Attachment C) J. To expeditiously and diligently process the PROJECT through the CITY'S building permit process. K. Upon acquisition of the site, CM shall cause improvements to be made on the site in conformance to conditions of approval for Conditional Use Permit 3-84 and approved building permits in preparation for construction of the rental units upon conveyance of the site by CITY to CM (Attachment C) L. In addition to the above described on-site improvements, CM agrees to cause off-site improvements in conformance to con- ditions of approval for Conditional Use Permit 3-84 and appro� building permits to be made in support of the PROJECT (Attach- ment C) .. M. To process at the earliest possible date the final application, construction plans and specifications and bid documents for the PROJECT with FmHA. N. In the event that the PROJECT does not proceed to completion after the CITY has expended grant funds, CM agrees to indemnify the CITY for any and all repayments to HCD which may be required by HCD due to a failure to meet the CITY'S contractual commit- ments to HCD. CM agrees to furnish to the CITY, prior to the close of escrow by the CITY to purchase the site, either a Performance Bond or Letter of Credit in an amount equal to 10% of the CITY'S grant award to be used to offset any potential liability of the CITY due to CM's failure to perform. O. To submit an annual report to the CITY to facilitate an annual evaluation by CITY to ensure the provision of rental units affordable to persons and families of low income. CM shall cooperate fully in such evaluation. 2 P,r, I CITY agrees: A. To, as soon as programatically feasible after receipt of CM' s fee simple title to the PROJECT site reimburse CM, utilizing $577,500 of the awarded Community Development Block Grant funds for said fee simple title in the FmHA approved site at 10165 El Camino Real as described in Attachment A. Funds are to be transferred to the seller of the site upon close of escrow provided that an independent appraisal of the site reflects the above amount to be the Fair -Market value of the site. CITY shall arrange and pay for the independent appraisal out of CDBG money. B. To assume responsibility for the California Environmental Quality Act and National Environmental Policy Act compliance C. The CITY Manager shall report the findings of each evaluation to CM and the Atascadero City Council. If it is determined by the City Council that performance or progress on performance is unsatifactory, the City Council may authorize appropriate legal proceedings to compel performance. CM hereby acknow- ledges that Specific Performance is an appropriate remedy to meet the purposes of this contract in the event of an unexcused failure to provide low income rental units in .accordance with the terms of this agreement. Intheevent. legai proceedings are necessary to enforce the terms of this agreement, or any other mechanism necessary to accomplish the goals of this agreement, the prevailing party shall be entitled to attorney fees and costs as may be set by the court. III. CITY shall not be liable for any costs which exceed the approved grant amount for each work item which the CITY has received from HCD. Ill. Neither CITY nor any officer nor employee thereof shall be re- sponsible for any damage or liability occurring by reason of any action or omission of CM or its agents, associates, contractors, subcontractors, materialmen, laborers, or any other persons, firms, or corporations furnishing or supplying work service, materials, or supplies in connection with CM' s performance of this agreement. CM agrees to fully indemnify, defend and hold CITY harmless from any liability imposed for injury occurring by reason of any action or omission of CM. In the event of CM's failure to comply with the provisions of this contract, CITY may, at its discretion, withhold the expenditure of any funds or withhold performance of this ,agreement. 3 VI. In the event that. CM has failed to execute the "Notice to Proceed", which authorizes the general, contractor to commence construction, within 180 days of the execution of this contract, CITY may, at its discretion, declare this agreement null and void or exercise any remedy made available to CITY by this agreement. These conditions and restrictions shall expire on thirty (30) years following the execution of this agreement. The parties agree that this agreement is entered into as part of and in consideration of a community development block grant, administered by the City of Atascadero, and shall be recorded. CITY OF ATASCADERO CALIFORNIA MANOR By Owner Owner STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) SS, On before�me, the undersigned, a notary public in and for said state, personally appeared . ' ' known to me to be the person s) whose name (s) is (-are) subscribed to the within instrument and acknowledged that he executed the same. Witness my hand and official seal. Notary' s Signature STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) SS, Ori before me, the undersigned, a notary public in and for said state, personally appeared of The corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corpor- ation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Witness my hand and official seal. Rotary' s Signature 4 C,4 ATTACHMENT A That real property situated in the City of Atascadero, County of San Luis Obispo, State of California, described as Parcel A of Parcel Map AT 81-183, in the City of Atascadero, County of San Luis Obispo, State of California, filed for record November 25, 1981 in the Office of the County Recorder of said County in Book 31 at Page 26 of Parcel Maps. (10165 E1 Camino Real; APN 30-461-13) ATTACHMENT B Community Development Block Grant funds used to purchase the site shall be applied on a dollar-for-dollar basis to reduce the Farmers Home Administration (FmHA) mortgage. Rents shall be calculated, according to applicable FmHA pro- cedures based on the resultant mortgage amount to construct the project. Both parties understand that the resultant rents will incorporate savings associated with reduced mortgage pay- ments reserve deposits, management fees, vacancy allowances and any other operational/maintenance expense savings. CM agrees to comply with applicable Farmers Home Administration (FmHA) regulations regarding FmHA approvals of rent changes (cur- rently stated. by FmHA Instructions 1930-C, Exhibit C) for a per- iod of thirty (30) years even if CM or its successor should payoff the FmHA loan. CM agrees not to prepay the loan for at least twenty (20) years, r4 ATTACHMENT C sConditional Use Permit 3-84 (Young) (As amended December 3, 1984) . FINDINGS 1. The applicant has applied for a Farmer 's Home Administration re- duced loan to build the congregate senior citizens housing and the City is preparing a Community Development Block Grant applica- tion to assist in the potential development of the project. 2. The application together with the recommended conditions conforms to the policies of the General Plana 3. The application as presented will not have a significant adverse effect upon the environment and the preparation of an Environmen- tal Impact Report isnot necessary. 4. The project consists of the minimum number of units for a density bonus and performance and management guarantees have been pro- vided to demonstrate that the bonus dwelling units will be avail- able to the targeted income group for a minimum of 15 years. 5. The granting of this density bonus serves to support goals and ob- jectives set forth in the Housing Element of the General Plan. 6. The establishment and conduct of a multiple family residential use which includes a density bonus will not be detrimental to the health, safety or welfare of the general public or persons resid- ing in the neighborhood, nor will it be detrimental to property or improvements in the vicinity. 7. The proposed multiple family project will not generate traffic beyond the safe capacity of roads in the vicinity or beyond the full development capacity of the area. 8. The proposed use will not be inconsistent with the character of the immediate neighborhood nor be contrary to its orderly development. 9. The reduced parking at a rate of one per unit plus handicapped stalls and employees will be able to accommodate the needs of the congregate senior housing. 10 The proposed use of senior housing has characteristics that are different than those of a standard multi-family project. CONDITIONS OF APPROVAL: 1. Site development including buildings, driveways, parking, land- scaping and other features shall be consistent with plans submit-� ted including modifications required herein and all provisions of Title 9 2. Submit four (4) copies of landscape plans in conformance with Sec- tion 9-4.124 et seq. of Title 9 prior to issuance of building permits 3. In the event that archeological resources are discovered on the subject site, Section 9-4.162 of Title 9 shall be complied with. 4. Building architecture shall be consistent with the elevations sub- mitted. Any mechanical equipment used shall be screened in accor- dance with Section 9-4.128 of Title 9. 5. Provision shall be made for additional enclosed trash storage areas conforming to Section 9-4.129 of Title 9 requiring that trash enclosures be within 100 feet of unit. 6. Roof materials for all structures shall be Class C rating or better . 7. Fencing and screening shall comply with Section 9-4.128 of Title 9. 8. On-site signing shall comply with Sections 9-4.130 through 9-4.136 of Title 9. 9. The applicant shall provide 104 parking spaces in conformance with Sections 9-4.114 through 9-4.119 with eight to be handicapped spaces. 10. If the project is not funded with Farmers Home Administration Sec- tion 515 Loan, the application shall establish Covenants, Condi- tions, and Restrictions (CC&Rs) for the regulation of land use, control of nuisances and occupancy of density bonus units. a. These CC&Rs shall be submitted to and approved by the City Attorney and Planning Department prior to approval of build- ing permits. b. The City of Atascadero shall be a party to these CC&Rs for the duration of the density bonus provisions and shall hold final approval for prospective tenants meeting the income requirement for the 19 bonus units. 11. All units shall be conveyed only to persons who have been certi- fied as having household incomes which are 120% or less of the median income of San Luis Obispo County, as such income is deter mined from time to time by the Housing Authority of San Luis Obispo County. the Planning director shall certify eligibility with this criteria upon application by a prospective tenant. The len �2 i CC&Rs shall specify the application procedure and all eligibility requirements which shall not be modified or revised without ap- proval by the City of Atascadero. 12 Provision shall be made for this project to connect to community water and sewer facilities. A lettershallbe obtained from the Atascadero Mutual Water Company stating that they are willing and able to serve this project and submit the same to the Planning Department. 13 All other utilities not already in place shall be extended under- ground at the time of building permit. 14 Efforts shall be made to minimize grading that would be disruptive to the natural topography. All grading and drainage shall conform with Sections 9-4.138 through 9-4.154 of Title 9. 15 Tree removal shall comply with Section 9-4.155 et seq. of Title 9. 16 Curbs, gutter, sidewalk and paveout shall be installed along the El Camino Real frontage. Drainage and street improvements shall also be installed along E1 Camino Real to protect existing public improvements. These may include, but not be limited to, asphalt curbing and culvert improvements. All improvements are to be approved by the City Engineer. 17Fire suppression facilities shall be provided as required by the • Fire Department and shall include, but not be limited to, upgrad- ing of the existing fire hydrant and the installation of addi- tional hydrants. 18 All conditions of approval herein shall be complied with prior to occupancy of any structure. 19 This Conditional Use Permit approval is granted for a maximum period of one year from the date of final approval unless an ex- tension is granted pursuant to Section 9-2.118 of Title 9. rr. fes. IFw 4r. •*w..r .a. a+T'n. a�3 EL CAMINO REAL (I I •J s. sa 9 f N j d i• Y�i'1 • r�[ x m Ill -E C • a sise,- 1 � 0 -').. � �•� i.'.'.+.k. •�/1Z 'moi•„- s i I r. a r,v � � •. t • Z ', 13 ��f•:w t i 66 g J -•a �- - Z - �• r O i$ as eoi. i. '• ; :'De -:`. 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UNCI LMEETING: 3/11/85.IRy SNDA ITEM NO. : D - 1 • MEMORANDUM TO: City Council March 11, 1985 FROM: Mike Hicks Acting City Manager SUBJECT: PROPOSED RESOLUTION NUMBER 19-85 - CONFIRMING AND RATIFYING THE APPOINTMENT OF A CITY OFFICER Attached, per the City Council ' s directive, is Proposed Resolution Number 19-85, which was prepared by the City Attorney for your review regarding the position of Acting City Manager. MH:kv RESOLUTION NO. 19 85 RESOLUTION OF THE CITY OF ATASCADERO CITY COUNCIL CONFIRMING AND RATIFYING THE APPOINTMENT OF CITY OFFICER WHEREAS, Acting City Manager Ralph H. Dowell, Jr. tendered his oral resignation - to the Council at the Atascadero City Council Meeting of February 25, 1985 as Acting City Manager , Acting Public Works Director, and Finance Director ; and NOW, THEREFORE, the City Council of the City of Atascadero resolve as follows 1. The appointment of Mike Hicks as Acting City Manager, Acting Public Works Director, and Acting Finance Director as of February 25, 1985, is hereby ratified and confirmed. 2. The salary for Mike Hicks, during the period he performs the position stated in this resolution shall be On motion by Council Member , and seconded by Council Member the resolution was approved by the following roll call vote. AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CALIFORNIA BY: ROLFE D. NELSON, Mayor ATTEST: i ROBERT M. JONES, City Clerk APPROVED AS TO CONTENT: IKE HICKS, Act'ng City Manager APPROVED AS TO ORM: ALLEN GRIMES, City Attorney s 0OUNCI'L MEFTI N' Gf. 3/11/85 AGEMDA ITEM NO. D _ 2 M E M O R A N D U M • TO: ACTING CITY MANAGER/CITY COUNCIL d ' FROM: CHIEF OF POLICE SUBJECT:. VEHICLE REPLACEMENT DATE: MARCH 1, 1985 As you know, on Jan. 29 , 1985, one of our new marked police cars was destroyed as the result of an engine compartment fire. At this point, Ford Factory and other dealer representatives have refused to replace this vehicle which is believed to be a total loss (*replacement cost: $11 ,500. ) . Our insurance adjuster, John Dobrinski, has been notified of this loss and it would now seem appropriate to involve our City Attorney who may wish to bring suit against the responsible party(s) In the meantime, our department is short one mar-ked police vehicle. (We are authorized six marked police cars. ) The lead time for purchase of a new patrol car at this time is one hundred days plus. • I am proposing that we replace the burned car immediately in the following manner: .1. Repaint, mark and equip Unit #1 (gold 1980 Ford) and use for patrol. This car has only 38 ,000 miles on it, and is is equipped with heavy duty police suspension, etc. With minimal work, this unit may be used for patrol for 12-18 months. (Estimate for paint work is $470. 00. ) 2. Replace Unit #1 with an unmarked intermediate sized, low mileage vehicle to be purchased from a leasing company such as Hertz, National or Avis. (These cars usually have about 20,000 miles on them, and come with a service warranty. ) Many municipali— ties in our area now purchase administrative vehicles in this way at very reasonable prices. It is anticipated that purchase price on an intermediate sized vehicle will be about $8, 500. 00 plus tax. Council Action Requested: Authorization to request bids as indicated and transfer $9,100 from contingency reserves to account #01-25-3275. • *Does not include cost of repairing/replacing miscellaneous emergency and radio equipment also damaged. c c AUE Td Uf?GpdCY 1,vVaLVe&7 RCco�i»E�ur� 7c'[ c=rtso.•ric t3iv t�iR✓�Y. � 0NCIL MEETING: 3./11/85 PLANNING COMMISSION 4�'FNPA ITEM I`NQ. : D 3 _ RESOLUTION 2-85 • A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION TO CONFIRM A COMMITMENT TO POSITIVE PLANNING FOR THE CITY OF ATASCADERO, WHEREAS, the current Planning Commission with its diversified philosophical background has always worked constructively and efficiently for the benefit of the City of Atascadero. WHEREAS, all members of the Planning Commission have devoted countless hours in learning and updating their planning knowledge for the benefit of the City of Atascadero. WHEREAS, the joint meeting between the City Council and the Planning Commission did not reflect the lack of confidence in the Planning Commission which is now displayed by a majority of the City Council. WHEREAS, the lack of confidence displayed by a majority of the City Council for the Planning Commission has left the Planning Commission ineffectual in planning for the City of Atascadero. WHEREAS, ineffectual planning on the part of the Planning Commission is not in the best interest of the. City of Atascadero. WHEREAS, the Planning Commission has the best interest of the City of Atascadero under consideration. WHEREAS, the Planning Commission has a GOOD WORKING RELATIONSHIP with the Planning Director, Henry Engen and the staff. THEREFORE BE IT RESOLVED that the Atascadero City Planning Commission does hereby • ion r` ab�',;i 4e . b ,. �``; s +'� is'� •c• , y ' '> ya 1 . Find that a chane must be initiated that g e will be in the best interest of the City of Atascadero. 2. Find that we must respectfully submit our resignations effective -•9-:02 PM March 4, 1985. On motion made by Commissioner Moore and seconded by Commissioner 1jent,zel , the foregoing resolution is ad0P-FPd in its entirety. Signed: Commissioner,113ill Carroll Commissioner: Wayne LaPrade J Co m s inner: Robert L' ley //�/Xe Commissioner Shir y Moore Commissioner: Micliael Sherer j ommissioner: Jim Wentzel airman: h ey Summers Date March 4 , 1985 L _ ' -. G 0NCIt MEEIN : 3/11/85 AGENDA ITEM NO, : D - 4 MEMORANDUM TO: City Council March 11, 1985 FROM: Mike Hicks . Acting City Manager ' SUBJECT: PROPOOSED URGENCY ORDINANCE NUMBER 102 - DESIGNATING ' THE CITY COUNCIL TO ACT AS THE CITY' S PLANNING AGENCY PURSUANT TO GOVERNMENT CODE SECTION 65100 (a) Per Council ' s direction of. March 5, 1985, the attached ordinance has .been prepared by the City Attorney for your review. • MH:kv ORDINANCE NO. 102 AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING THE CITY COUNCIL TO ACT AS THE CITY'S PLANNING AGENCY PURSUANT TO GOVERNMENT CODE SECTION 65100 (x) WHEREAS, the majority of the Planning Commission of the City of Atascadero has resigned effective March 4, 1985; NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Pursuant to Government Code section 65100 (a) , the City Council is designated to act temporarily as the City's Planning Agency pending the appointment of a successor Planning Commission by the City Council. Section 2. The designation of the City Council as the City' s Planning Agency shall be on a temporary basis and shall expire thirty (30) days from the effective date of this ordinance. Section 3. Section 9 of Title 2 of the Atascadero Municipal Code (Sections 2-901 - 2-907) is suspended during the period of time the City Council acts as the City of Atascadero Planning Agency, pursuant to this ordinance. Section 4. This ordinance is hereby declared to be urgently required for the immediate preservation of the public peace, health, and safety, and shall take effect immediately upon its adoption. Section 5. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in this City in accordance- with Government Code section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. The foregoing ordinance was introduced, adopted, and ordered published at a regular meeting of the City Council held on March . 11, 1985. A AYES: NOES: ABSENT: ROLFE D. NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO CONTENT: M KE HIC , Ac ing City Manager- APPROVED AS TO ,FORM: ALLEN GRIMES, City Attorney 1PO-UNCIL MFETING: 3/11/85 AGRIDA ITEM NO. : D 5 M E M O R A N D U M TO: City Council March 11, 1985 FROM: Mike Hicks Acting City Manager SUBJECT: DRAFT ORDINANCE NO. 101 - AMENDING CHAPTER 9 OF TITLE 2 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE PLANNING COMMISSION AND AMENDING CHAPTER 13 OF TITLE 2 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE RECREATION COMMISSION Per Council' s direction at the February 25, 1985 Council Meeting, the attached draft ordinance has been prepared for review only, as it has not been publicly noticed for hearing as yet. MH:kv • ORDINANCE NO 101 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 9 OF TITLE 2-OF THE ATASCADERO MUNICIPAL CODE RELATING ToTHEPLANNING COMMISSI©N AND AMENDING CHAPTER 13 OF TITLE 2 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE RECREATION COMMISSION The Council of the City of Atascadero does ordain as follows: Section 1. Sections 2-9.01 through 2-9.07 of Chapter 9 of Title 2 of the Atascadero Municipal Code, relating to the Planning Commission, are repealed, effective immediately, but said repeal shall not opera- tive until June 1, 1985. Section 2. Chapter 9 (Reorganized) is added to Title 2 of the Atascadero Municipal Code, relating to the Planning Commission, to read as follows, to become operative on June 1, 1985: CHAPTER 9. PLANNING COMMISSION (Reorganized) Sec. 2-9.01. Creation: Composition. There is created a Planning Commission for the City which shall consist of five (5) members who shall not be officials or employees of the City, but who shall be residents of the City. Sec, 2-9,02. Members* Appointment. Terms of office. The City Council shall appoint the members of the Plan- ning Commission. Two (2) members shall be appointed for terms commencing June 1, 1985, which terms shall expire on August 1-, 1986. Three (3) members shall be appointed for terms commenc- ing June 1, 1985, which terms shall expire on August 1, 1988. Thereafter, all terms shall be for four (4) years and shall expire four (4) years after August l of the date of the ap- pointment, except those appointments made after the commence- ment of the term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. The terms of each of the existing members of the Planning Commission shall expire on June 1, 1985. Sec. 2-9.03. Absence ff,om meetings: Running fog office on-City Council. Absence of a member of the Planning Commission from three (3) consecutive meetings, or from four (4) meetings during a • -1- A •fr 2 $ G. / j25j 5 ORDINANCE N0. Page 2 calendar year, without formal consent of the Planning Commis- sion noted in its official minutes, constitutes the voluntary resignation of such absent member, and the position shall be declared vacant. If a member of the Planning Commission files for election as a member of any elective City office, his term as Planning Commissioner shall terminate as of the date of filing. Sec. -9.04. Members: Removal from office. A member of the Planning Commission may be removed by a majority vote of all of the members of the Council. Seg, 2-9.05. Vacancies. A vacancy on the Planning Commission occurring by death, resignation, removal, or any other cause before the expiration of the term of the member shall be filled by appointment for the unexpired term by the Council. Sec. 2-9.06. Expenses. Planning Commission members shall be entitled to remunera- tion for expenses in accordance with the procedure approved by resolution of the Council. Sec, 2-9.07. Powers, duties, and function. The powers, duties, and functions of the Planning Commis- sion shall be all those powers, duties, and functions of a Planning Commission and Board of Zoning Adjustment as provided in Chapters 3 and 4 of Title 71 - commencing with Section 65100 of the Government Code of the State (the Planning and Zoning Law) , as the same may be hereafter amended. The Planning Com- mission shall perform such other duties and functions as may be directed or designated by the Council not inconsistent with State law. Sec. 2-9.08. chairman: Rues; Records and meetinas. As of August 1 annually, or as soon thereafter as is fea- sible, the Planning Commission shall elect a chairman and a vice chairman from among its members, shall adopt rules for the transaction of business, shall keep a public record of its resolutions, transactions, findings, and determinations, and shall hold at least one (1) regular meeting each month. Section 3 . Sections 2-13 .01 through 2-13.12 of Chapter 13 of Title 2 of the Atascadero Municipal Code, relating to the Parks and Recreation Advisory Board, are repealed, effective June 1, 1986, 0 and shall become operative thereafter. ORDINANCE N0. Page 3 Section 4. Chapter 13 (Reorganized) is added to Title 2 of the Atascadero Municipal Code, relating to the Parks and Recreation Com- mission, to read as follows: CHAPTER 13. PARKS AND RECREATION COMMISSION (Reorganized) Sec. 2-13.01. Established. There is created a Parks and Recreation Commission com- posed of five (5) members. Sec. 2-13.02. Qualigigations- The regular members of the Commission shall be qualified electors of the City. Sec, 2-13.03 . Members: Appointment: Terms of office, The City Council shall appoint the members of the Parks and Recreation Commission. Two (2) members shall be appointed for terms commencing June 1, 1986, which terms shall expire on August 1, 1987. Three (3) members shall be appointed for 0 terms commencing June 1, 1986, which terms shall expire on August 1. 1990. Thereafter, all terms shall be for four (4) years and shall expire four (4) years after August 1 of the date of, the appointment, except those appointments made after the commencement of the term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. All members shall serve at the pleasure of the City Council. The terms of each of the existing members of the Parks and Recreation Advisory Board shall expire on June 1, 1986. Sec, 2-13.04 . Ex officio member. A member representing the school district shall be ap- pointed by the Mayor as an ex officio member of the Commis- sion. The appointee shall serve at the pleasure of the Mayor and without compensation. Sec. 2-13 .05 . Absence from meetings: Running for office on City Council. Absence of a member of the Commission from three (3) con- secutive meetings, or from four (4) meetings during a calendar year, without formal consent of the Commission noted in its official minutes, constitutes the voluntary resignation of such absent member, and the position shall be declared vacant. If a member of the Commission files for election as a member l ORDINANCE NO. Page 4 of any elective City office, his term as a commissioner shall terminate as of the date of filing. Sec. -13.06. Organization. As of August 1 annually, or as soon thereafter as is fea- sible, the members of the Commission shall elect a chairman and a vice chairman, who shall hold office for one (1) year. The chairman shall preside over meetings, appoint appropriate committees, ' sign resolutions, and direct the affairs of the Commission. In the absence of the chairman, the duties of this office shall be performed by the vice chairman. Sec. 2-13.07. Prggedure. The Commission shall adopt rules and regulations to gov- ern its procedures and shall set a time and place for regular meetings which will be held at least once a month. Sec. 2-13.08. Ouor • A majority of the members shall constitute a quorum. Sec_ 2-13 .09. Secretary: Apnointment: Minutes. The Commission Chairman shall appoint a secretary from among the Board members who shall maintain accurate minutes of the activities and official actions of the Commission. Sec. 2-13.10. Duties and responsibilities. The duties and responsibilities of the Parks and Recrea- tion Commission shall be to: (a) Act in an advisory capacity to the City Council in all matters pertaining to parks and public recreation and to cooperate with other governmental agencies and civic groups in the advancement of sound park and recreation planning and pro- gramming;` (b) Formulate policies and parks and recreation services for consideration by the City Council; (c) Meet with the City Council at least once each year to discuss policies, programs, future needs, or other matters requiring joint deliberations. More frequent meetings may be held if deemed necessary by a determination of a majority of members of the City Council and Parks and Recreation Commis- sion. All such meetings shall be held in accordance with statutory requirements governing public meetings; ORDINANCE NO. Page 5 i (d) Recommend to the City Council the development and improvement of parks, recreational areas, facilities, pro- grams, and recreation services; (e) Make periodic surveys of parks and recreation- ser vices that exist or may be needed and ascertain the needs of the public for such services; (f) Assist in coordinating parks and recreation services with the programs of governmental agencies and voluntary or- ganizations; (g) Disseminate to the public information concerning the policies and functions of the Parks and Recreation Department; (h) Advise the Recreation Director in the development and operation of the parks and recreation programs and facilities; (i) Suggest rules and regulations governing the use of parks and recreation areas and facilities. Sec. 2-13.11. Recreation director: Meeting attendance Reports. The Recreation Director shall attend the meetings of the Parks and Recreation Commission and shall make such reports to the Commission, the City Manager, or to the City Council as may be required. Sec. 2-13.06. Expenses Commission members shall be entitled to remuneration for expenses in accordance with the procedure approved by resolu- tion of the Council. Section 5. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atasca dero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code Section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 6. This ordinance shall go intoeffectat 12:01 A.M. on the thirty-first (31st) day after its passage, but shall become opera- tive only as specifically provided therein. ORDINANCE N0. Page b The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES:' NOES: ABSENT: ROLFE D. NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO CONTENT; MIKE HICKS, Acting City Manager APPROVED AS TO FORM: t ALLEN GRIMES, City Attorney ENCI`L MEETING: 3/11/85 NDA ITEM NO, D 6 M E M O R A N D U M TO: John Wallace FROM: Don Leib SUBJECT: New Stop Sign Installation DATE: February 26, 1985 I recommend new stop sign installations in the following locations: 1) On Los Gatos at the intersection of Los Gatos and San Marcos Road 2) On San Gabriel for south bound traffic at the "Y" intersection of San Marcos and San Gabriel • Theseintersectionsare becoming increasingly hazardous due to heavy traffic being generated due to growth and street improvement programs. The Police Chief concurs with the San Gabriel sign, the Los Gatos sign should have Safety Committee approval. l� DON LEIB DL:vh enc: map TRAFFIC COMMITTEE CONCURRENCE: JMZ WALLACE HENRY E EN BUD McHALE y Engineer Planning Director Police Chief • RESOLUTION NO. 20-85 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION TO WHICH DRIVERS OF ALL VEHICLES ARE REQUIRED TO STOP WHEN SIGNS ARE POSTED The Council of the City of Atascadero does hereby resolve as follows: Section 1. Pursuant to Section 4.2.801 of the Atascadero Municipal Code the following intersections are hereby designated as stop intersections at entrances to which the drivers of all vehicles are required to stop when signs are posted giving notice. Los Gatos at San Marcos San Gabriel Southbound traffic at the "Y" intersection of San Marcos and San Gabriel Section 2. The Traffic Engineer is hereby authorized to install and maintain signs and such other street and curb markings as may be necessary or convenient at the location hereinafter specified to carry out the provisions of Section 1. Section 3. The City Clerk shall certify to the adoption of this Resolution and shall cause this resolution and his certi- fication to be entered into the Book of Resolutions of the Council of the City. On motion by Councilman and seconded by Councilman ,the foregoing resolution is hereby adopted in its entirety on the following roll call vote: ADOPTED: AYES: NOES: DATE: ATTEST: ROBERT JONES, Ci y Clerk ROLFE NELSON, Mayor APPROVED AS TO RM: APPROVED AS TO CONTENT: ALLEN GRIMES, City Attorney JO WALLACE, City Engineer APPROVED AS,�,,( ^^ TOO CONTENT / 4 � MIKE HICKS, Acting City Manager CAD 0 � adze '•\� f ��. � a>e 1.• a tmy ��7 \\\ i�. a ' 44, ` Vi E�I y. 41 GPyJ yPt w, R•d Aren<� � � i m P a[� �A� ?� _ �'� R7' OY � ROM•.. C° g �• $ Os AP. 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