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Home My WebLink AboutAgenda Packet 05/28/1985 • NOTE: THERE WILL BE A CLOSED COUNCIL SESSION AT 6 :30 P.M. IN THE CITY MANAGER'S OFFICE TO DISCUSS LABOR NEGOTIATION ISSUES AND PERSONNEL MATTERS AGENDA ATASCADERO CITY COUNCIL Regular Meeting May 28 , 1985 at 7 : 30 P.M. PRATHER BUILDING (Atascadero Junior High School) Call to Order Pledge of Allegiance Invocation Roll Call City Council Comments Proclamation Allen Grimes Week - May 22 - 28, 1985 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 Council Meeting of May 13, 1985 (RECOMMEND APPROVAL) 2. Treasurer ' s Report —April 1 - 30, 1985 (RECOMMEND APPROVAL) 3. Finance Director 's Report - April 1 - 30 , 1985 4. Confirmation of Appointment of Paul Sensibaugh as Public Works Director (RECOMMEND APPROVAL) 5. Interim Appointment of Roger Lyon as City Legal Counsel 6. Final Parcel Map 24-84, 7955 Bella Vista (Lot 32, Block 14) , Friend/Twin Cities Engineering - (RECOMMEND APPROVAL) 7. Final Parcel Map . AT 830304:1, 6100 Llano Road (Lot 10A, • Block 43) , Millhollin/Stewart(Engineer) - (RECOMMEND APPROVAL) 8. Request Authorization to acquire 1/2-tan Vehicle through State Bid Process 1 • B. HEARINGS, APPEARANCES, AND REPORTS 1. Appeal of Planning Commission Approval of Conditional Use Permit 29-84 (Christian Home) 2. City/School Development Fee Proposal to Alleviate School Over- crowding Public Hearing (Cont'd from 5/13) C. UNFINISHED BUSINESS 1. Ordinance 105 - Park Rules and Regulations Formulation - Second Reading (Cont'd from 5/13) D. NEW BUSINESS 1. Amapoa Tecorida Flood Area Development Requirement Discussion Public Comment E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager • 2 • P R O C L A M A T I O N ALLEN GRIMES WEEK MAY 22 - 28, 1985 WHEREAS, Allen Grimes has served as the City Attorney for the City of Atascadero from July, 1979 to May, 1985, and served admirably in that position; and WHEREAS, Allen Grimes ' prior accomplishments included providing legal services for the League of California Cities,= the Cities of San Luis Obispo, Santa Maria, Beverly Hills, Modesto, and also the pub- lication of a book titled "The City Attorney; A Practice Manual" ; and WHEREAS, Allen Grimes devoted much of his time and effort in dealing with the legal affairs related to the City of Atascadero; and has consistently set and maintained high standards of excellence in the performance of his duties; and WHEREAS Mr. Grimes was instrumental in the establishment and development of ordinances, resolutions, and all other legal documents related to the City of Atascadero since its incorporation; and • WHEREAS, we have come to appreciate the wealth of exp�erence and depth of knowledge possessed by Allen Grimes, and recognize the importance of his role as City Attorney; and WHEREAS, the City of Atascadero wishes to honor Allen Grimes for his services and contributions to the community; NOW, TIiEREFORE, I ROLFE NELSON, Mayor , and the people of Atascadero, through this resolution, express their highest regard for Allen Grimes, as an individual and as the City Attorney of the City of Atascadero, do hereby proclaim the week of May 22-28, 1985 as ALLEN GRIMES WEEK, and call upon all citizens of Atascadero to recognize the value of his services and the significance of his accomplishments. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 22nd day of May, 1985. r, ROLFE NELSON, Mayor °n: City of Atascadero, California COUNCIL MEETING : 5/2E AGENDA ITEM NO. : A - MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 13 , 1985 , 7 : 30 p.m. 0ascadero Administration Building The Regular Meeting of the Atascadero City Council was called to order at 7: 30 p.m. by Mayor Nelson. The Pledge of Allegiance was recited. Mayor Nelson gave the invocation, with special prayers for Allen Grimes. ROLL CALL Present: Councilmen Handshy and Molina; Councilwomen Mackey and Norris and Mayor Nelson. Absent: None STAFF Mike Shelton, City Manager; Grigger Jones, City Clerk; Cindy Wilkins , Deputy City Clerk; Georgia Ramirez , Recreation Secretary; Bud McHale, Police Chief; Mike Hicks , Fire Chief; Henry Engen, Planning Director; John Wallace , Interim Public Works Director; Bob Best, Recreation Director. COUNCIL COMMENTS Councilwoman Mackey expressed appreciation for the lamps which are now placed at each Councilmember ' s place during meetings; Councilman Handshy said that he had enjoyed the City picnic last Saturday: Mayor Nelson proclaimed: May 5-11 , 1985 as National Small Business Week; May 19-25 , 1985, as Traffic efety Week; National Police Week, May 12-18 , and Police Memorial Day , May , 1985. A. CONSENT CALENDAR 1. Minutes of the Regular Council Meeting of April 22 , 1985 (Recommend Approval) 2. Disposition of' Burned Police Vehicle (Recommend Approval) 3. Award of Bid #85-29 - Weed Abatement to Thaine Plank (Recommend Ap- proval) pproval) 4. Claim by Sharon Morin for damages in the amount of $1 ,800 (Recommend Denial) 5. Final Parcel Map 9-84 , 7690 El Camino Real (Lots 10-A, 11 and 11-A) , .Larson/Twin Cities Engineering (Recommend Approval) 6. Final Parcel Map 2-85 , 8201 San Dimas (Lot 20 , Block 37) , Landis/ {Twin Cities Engineering (Recommend Approval) 7 : Final Parcel Map 11-83 , 6760 El Camino (Lot 6 , Block EB) , LaPrade/ Daniel Stewart& Assoc. (Recommend Approval) 8. Lot Line Adjustment 16-84 , 5270/5350 Vega Avenue (Lots 7&8 , Block • JB) , Mulkins/Daniel Stewart &'Assoc. (Recommend Approval) MINUTES - May 13, 1985 ! 0 PAGE 2 OOTION: By Councilman Molina, seconded by Councilwoman Mackey to approve Consent Items A 1-8. Passed unanimously by roll call vote. B. HEARINGS , APPEARANCES AND REPORTS 1. Public Hearing - Weed Abatement Posting Staff Report given by Chief Hicks , referencing standard list of properties which have been posted, designated as hazardous or po- tentially hazardous. No written or verbal protestsreceivedat this time. MOTION: By Councilman Molina, seconded by Councilwoman Mackey, to proceed with weed abatement process. Passed unanimously. 2 . Business License Proposed Ordinance Presentation by Committee. Mr. Gary Brill, President, Atascadero Chamber of Commerce, gave Staff Report and Chamber Committee' s recommendations. Bill Silver, Rancho del Bordo , spoke from the audience in favor of basing City tax on gross sales. Bob Sterling, owner of Sterling Quality Tom Sales , spoke against the $100 per quarter proposal to license vend- ing. machines. Maggie Rice spoke regarding Chamber ' s suggested $150 maximum, regardless of gross receipts. Dave Cote, U-Do-It Wallpaper , spoke against taxing per employee. Fred Belch, Cal Coast Vendors , stated he doesn't feel vending operators should have to pay even a per machine fee. Jerry Bond expressed his feeling that $15 is too low, and there should be a standard $25 fee for everyone. Al Wil- liams stated he calculated that an increase from the $15 to $50 fee figures to be only about $3 more a month, $ . 75 per week and $ . 15 per day. Council concurred that the subject be brought back at the May 28th meeting. C. UNFINISHED BUSINESS 1 . Planning Commission A. Proposed Resolution 35-85 - Activating Ordinance 101 , establish- ing the Planning Commission & Recreation Commission. B. Proposed Resolution 37-85 - Appointing Planning Commission Mem- bers and Establishing Terms of Office. Mike Shelton gave a combined Staff Report on both resolutions. MOTION: By Councilwoman Mackey , seconded by Councilwoman Norris , to adopt Res. 35-85 for both Commissions. Passed unanimously by roll call vote MOTION: By Councilman Molina, seconded by Councilwoman Mackey, to adopt Res . 37-85 , appointing Planning Commission Members. Passed unanimously . by roll call vote. MINUTES - May 13 , 1985 PACE 3 2. City/Schools Development Fee Proposal to Alleviating Crowded Scho4e (201 Fee Proposal) Presentation by School District (Cont 'd from 4/22/85) Dr. Avna, Supt. of Atas. U.S .D. , gave a reports recapping the his- tory of the school facilities studies. Ernie Taylor , A.U.S.D. Business 'Mgr. , commented on the fiscal aspects of trying to main- tain school facilities, citing steady growth of Atascadero ' s student population & the projected need for additional funding to relieve the overcrowded situation. Mr. Steve Hartzell, the District 's legal council, was _present to answer any questions which might arise with regard to the legality of the various items within the resolution; Council recommended that the subject be brought back to the 5/28/85 meeting and, due to the anticipated public interest, asked that arrangements be made to hold the meeting at the Prather Building, Atascadero Jr. High School. 3. Request for $50 ,000 Pledge Toward New County Library by Friends of the Library (Cont 'd from 4/22/85) Mike Shelton gave Staff Report, recommending Council favorably pledge the $50,000 library grant. Bill Silver , from the audience, briefly stated that 10% of Atascadero ' s citizens use the library, and 100% use the Police Department. Sarah Gronstrand referenced a recent poll that indicated an estimated 8 ,000 active participating patrons use the library -- much more than 10%. She also has conferred with County and State officials , who are in support of the City having a new library. 0 MOTION: By Councilwoman Norris , seconded by Councilwoman Mackey, in favor of pledging the $50 ,000 , with the stipulation that if the sought-after grant is not obtained, then the pledge is rescinded. Passed by 4 :1 f(oll call .vote. Cauncilman.Mblina voted no. 4. Police Facility Acquisition Chief McHale gave Staff Report. M. Shelton referenced current City budget issues. John Wallace commented on the status of the renova- tion contract for the Administration Bldg. MOTION: By Councilwoman Mackey, seconded by Norris , that Council concurs with Staff recommendations. Passed unanimously. 5. Report on Status of Christian Home Appeal - Archaeological Investi- gation (Cont 'd from 4/8/85) Henry Engen gave Staff Report, recommending that 5/28/85 or a sub- sequent date be set to bring back further findings on the subject property. MOTION: By Councilwoman Mackey, seconded by Norris , that Tues . , May 28 , be 6 the date set to consider the appeal on the approval of Cond. Use Permit 29-84. Passed Unanimously. • P MINUTES - May 13 , 1985 • PAGE 4 • from 4/22/85) 6. Report on Improvement to Noticing Procedures (Cont'd Henry Engen gave Staff Report. Council consensus supported the rec- ommendations of the Planning Director, with respect to the posting of remote properties , and agreed to leave the subject at his dis- cretion. D. NEW BUSINESS 1 . Park Ordinance and Resolution A. Proposed Ordinance No. 105 - Rules and Regulations Formulation Bob Best gave Staff Report. Lois Williams, from the audience , asked if any studies had been made to indicate the level of pol- lution in the lake and whether or not it is safe to swim in. MOTION: By Councilwoman Norris , seconded by Councilwoman Mackey , to approve this as the first reading of Ord. 105 by title only. Passed unani- mously, with Mayor Nelson reading Ord. 105 by title only. MOTION: By Councilman Molina, seconded by Councilwoman Mackey, that this be the first reading of Ord. 105 , with the change in 10-1 . 28 (to read swimming not allowed) and change in 10-1 . 33 (no overnight camping without special use permit) . Next hearing on this issue to be 5/28/85 Motion passed unanimously. B. Proposed Resolution 31-85 - Establishment of Fee Schedule Bob Best gave Staff Report. No public comment. MOTION: ;' By Councilwoman Mackey, seconded by Councilman Molina, to adopt Res. 31-85. Passed unanimously by roll call vote. 2. Proposed Resolution No 34-85 Revised County-Wide Mutual Aid Fire Protection Agreement Chief Mike Hicks gave Staff Report. No public comment. MOTION: By Councilwoman Norris , seconded by Councilwoman Mackey, to adopt Res. 34-85. Passed unanimously by roll call vote. 3. A. Solid Waste Disposal Contract Renewal - Wil-Mar Disposal B. Proposed Resolution 36-85 - Authorizing Execution of Contract . John Wallace, Interim Public Works Director, gave Staff Report , clarifying terms of contract. MOTION: By Councilwoman Mackey, seconded by Councilman Molina, to adopt Res. 36-85. Passed unanimously by roll call vote combining both iItems A & B above. MINUTES May 13 , 1985 S PAGE 5 5. Proposed Resolution 32-85 - Approving Cooperative Process for • Determining Project Priorities for Federal Aid Urban Funding John Wallace gave Staff Report. No public comment. MOTION: By Councilwoman Mackey, seconded by Councilwoman Norris , to approve Res. 32-85. Passedunanimously by roll call vote. 6. Proposed Resolution 33-85 - Supporting Assembly Bill 2483 , which establishes the California Mainstreet Program Mike Shelton gave Staff Report. No public comment. MOTION: By Councilman Molina, seconded by Councilwoman Norris , to adopt Res. 33-85. Passed unanimously by roll call vote. PUBLIC COMMENT - None E. INDIVIDUAL DETERMINATION AND/OR ACTION CITY COUNCIL Councilman Handshy stated he plans to travel to Sacramento next week to learn about lobbying our State and Federal officials ands' also , to look into dividing tax dollars with the County and how it affects Atascadero. He plans to report onhisfindings. 0 Councilwoman Norris expressed that, recently, when attempting to secure a weapons permit, she discovered that Atascadero currently has no fee struc- ture for weapons permits and she was , therefore , unable to secure such permit. Mike Shelton recommended that staff look into subject and report back. Councilwoman Norris also expressed her concerns about the time-frame for the building permit process still some two months according to her weekly inquiries. Mr. Engen referred to the large volume of building ongoing in the City, is aware of the problems and concerns of the citizens affected, and is working with limited amount of staff to keep up with the permit. pros ess . Councilwoman Norris , in view of the School District fee proposals , expressed her hope that the service in the Building Dept. can be improved. CITY ATTORNEY - Absent CITY CLERK Grigger Jones introduced new Deputy Clerk, Cindy Wilkins , who replaces Georgia Ramirez; Georgia is now the Recreation Dept. Secretary. CITY TREASURER Absent CITY MANAGER - None MINUTES - May 13 , 1985 • PAGE 6 *FETING ADJOURNED AT 9:46 P.M. - NEXT REGULAR MEETING SCHEDULED FOR TUESDAY, MAY 28TH (DUE TO THE MEMORIAL DAY HOLIDAY) IN THE PRATHER BUILDING, ATASCADERO JR. HIGH SCHOOL, DUE TO ANTICIPATED PUBLIC INTEREST. RECORDED BY: GRIGGER JONES, City Clerk J. COUNCIL MEETING: 5/28 AGENDA ITEM NO. ; A - 2 CITY OF ATASCACERO TREASURER' S REPORT • APRIL 1, 1985 TO APRIL 30 , 1985 RECEIPTS TAXES Franchise Tax 212,334. 64 Property Tax 264, 800. 56 Cigarette Tax 4,320. 12 Motor Vehicle "In Lieu" 34,171.32 Sales & Use 73,500 .00 Livestock-Head Day Tax 21.84 Occupancy Tax 2, 865.15 LICENSES/PERMITS/FEES 27 , 557. 37 GAS TAX 19,394. 99 TRAFFIC SAFETY 5,111.02 REVENUE SHARING 43, 501. 00 , RECREATION FEES 14,601. 55 RETURNED FROM LOCAL AGENCY INVESTMENT FUND • AND MATURED TIME DEPOSITS 0 INTEREST ON INVESTMENTS 30,654. 25 TRANSPORTATION SB-325 0 MISCELLANEOUS Rents/Concessions 676.44 Sale Maps/Publications/Reports 571.52 Special Police Services 84.00 Fines & Penalties 431. 44 Dial-A-Ride Farebox 2, 078.75 Planning Permit Deposits 2, 381.55 Bails/Bonds 220.00 Rebates 18.53 P.O.S.T. 472. 66 Wil-Mar Disposal 5,493.94 Weed Abatement 331. 10 Reimbursement from Sanitation District 19,383. 83 Street Assessment 1, 150 .00 Appeals 100.00 Reimbursement to Expense 1,172. 29 Performance Bond 500. 00 Miscellaneous Funds 399 .70 TOTAL $ 768,299.56 • 1 CITY OF ATASCADERO TREASURER' S REPORT APRIL 1, 1985 TO APRIL 30, 1985 INVESTMENTS LOCAL AGENCY INVESTMENT FUND 1,655,000.00 TIME DEPOSIT, SANTA BARBARA SAVINGS 10. 50% INTEREST, MATURES 06/10/85 100,000.00 TOTAL INVESTMENT DEPOSITS $1,755,000.00 Ralph H. bowell, Jr. City Treasurer 2 • COUNCIL MEETING: 5/28/81 AGENDA ITEM NO A - 3 CITY OF ATASCADERO • FINANCE DIRECTOR'S REPORT APRIL 1, 1985 TO APRIL 30, 1985 BALANCE AS OF MARCH 31, 1985 109,-319.68 DEPOSITED BY TREASURER, SEE RECEIPTS , TREASURER'S REPORT, PAGE 1 768, 299.56 TOTAL 877 ,619.24 HAND CHECK REGISTER DATED 04/30/85 533,048 .62 CHECK REGISTER DATED 04/03/85 1,609.75 CHECK REGISTER DATED 04/10/85 50 ,244 . 39 CHECK REGISTER DATED 04/17/85 1,619 .75 CHECK REGISTER DATED 04/19/85 59 ,052. 34 EXPENSE LISTING 113 ,478.48 TOTAL 759 ,053. 33 BALANCE AS OF APRIL 30,1985 118,565.91 • PETTY CASH 200 .00 TREASURY INVESTMENTS SEE TREASURER' S REPORT, PAGE 2 1,755,000.00 TOTAL 1,873 ,765.91 I, RAY CASSIDY, do hereby certify and declare that demands enumerated and referred to in the foregoing register are. accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. 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A i • 0 i a a i 0 • • � �►-- � __ � —.—� i � __ �` _ +�' , � "-- Vit__ Cir � �! -:— � � � �. - c c o, , c..cr_ rn cc co CD ti- 4 _ — CDZD cz _ — CD ,l C zz Ln 0 0 _ 0 ®- ® -- -0--- . �► it _. i�r s - - ► I CQ r,f c, v - oil y Lj = - } z W Lj W y 77 i ' r aha s ZE • - - 1.4 77 C _ 7 t7' — \. - - z nM - nn \ Cl \ Z d FJ et 1�1 It - 71 cl cl 777 _ _ ? i a w �e a t f i aR s w s dbw ► VJ2+ t4cD _ to- Y t _ Ul - �- G s LLCD r _ _ ti � �R • +w d �► !� t tP► A A • • � !'e Vie, � !A !� � � '.. - - 01 zll:l Z LL ' T i 77 Vs AFA ap, AN fill An : i CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT APRIL 1, 1985 TO APRIL 30, 1985 EXPENSE LISTING PAYROLL DATED 04/03/85 CHECKS #33336-33425 54,656.05 PAYROLL DATED 04/17/85 CHECKS #33431-33542 62,187.04 VOID CK#23569 CK. REG. DATED 03/27/85 (110.00) VOID CK#24191 CK. REG. DATED 04/10/85 (740. 30) VOID CK#24210 CK. REG. DATED 04/10/85 (131.76) VOID CK#24006 CK. REG. DATED 03/29/85 (126.00) VOID CK#24015 CK. REG. DATED 03/29/85 (1,148.00) VOID CK#24030 CK. REG. DATED 03/29/85 (898.80) VOID CK#18293 CK. REG. DATED 10/17/83 (18.00) VOID CK#18984 CK. REG. DATED 12/28/83 (25.00) VOID CK#19617 CK. REG. DATED 03/08/84 (32. 20) VOID CK#19753 CK. REG. DATED 03/21/84 (2.00) VOID CK#19758 CK. REG. DATED 03/21/84 (2.00) VOID CK#19846 CK. REG. DATED 03/21/84 (61.95) VOID CK#20249 CK. REG. DATED 04/30/84 (15.00) VOID CK#20696 CK. REG. DATED 06/20/84 (53.60) TOTAL 113, 478.48 -35- COUNCIL MEETING : 5/28/85 IDAGENDA ITEM NO, : A 5 • TO: Council Members May 28, 1985 and Other Interested Persons FROM: Mike Shelton SUBJECT: AGREEMENT FOR LEGAL COUNSEL The agreement referenced in this Resolution will not be available until Friday afternoon. Mr . Lyon is preparing the agreement and will be hand-delivering it. The agreement will be .duplicated and made available to you upon receipt. Basic terms of the agreement are as follows: The attorney agrees to attend staff meetings, Council Meetings and be available on an as-needed basis to the City Council, City Manager , and key Department Heads. (The attorney will be unable to attend the June 24th Council Meeting due to conflict with another client. ) • The attorney will be paid on an hourly rate of $85.00. (This is the same rate paid to Allen outside his retainer) . The attorney will be entitled to expense reinbursement and cost for travel at one-half the regular rate. The agreement can be terminated at any time by either party with a seven-day notice. The starting date of the agreement will be retroactive to May 24 , 1985, as Mr. Lyon will be doing preparatory work for the .May 28th Council Meeting. As a side note; Mr. Lyon, prior to. going into private practice, worked as County Counsel for San Luis Obispo County. Both John Wallace and Henry Engen have worked with him, and feel he is a competent attorney. He is particularly felt to be strong in the area of land use, storm drainage, and other specialty development issues. Mr. Lyon is currently the City Attorney for Grover City and is legal counsel for the Cambria Community Services District and Cayucos Sanitary District. • RESOLUTION NUMBER 39-85 A RESOLUTION OF THE ATASCADERO CITY COUNCIL AUTHORIZING THE MAYOR TO ENTER AGREEMENT WITH ROGER LYON OF LYON, MILLES, AND WALTERN ATTORNEYS TO PROVIDE INTERIM CITY ATTORNEY SERVICES WHEREAS, with the passing of City Attorney Allen Grimes, the City desires to engage, on an interim basis, a qualified legal counsel; and WHEREAS, Roger C. Lyon has extensive experience as a local government attorney and is desirous to provide interim legal counsel; and NOW, THEREFORE, be it resolved that the Atascadero City Council hereby authorizes the Mayor to enter into an agreement with Roger C. Lyon to provide interim legal counsel to the City in accordance with terms provided in the attachment designated as "Exhibit A" . On motion by and seconded by , the foregoingresolutionis hereby adopted in .its entirety by the following vote: AYES: NOES: ABSENT: ADOPTED: BY: ROLFE NELSON, Mayor City of Atascadero, California ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager O COUNCIL MEETING : 5/28/85 AGENDA ITEM NO. : A - G • M E M O R A N D U M TO: CITY COUNCIL May 28, 1985 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Parcel Map 24-84 LOCATION: 7955 Bella Vista (Lot 32, Block 14) APPLICANT: Douglas Friend (Twin Cities Engineering) On December 10 , 1984., the City Council approved Parcel Map 24-84, subject to certain conditions and in concurrence with the recom- mendation of the Planning Commission. The required conditions have been complied with and the final map is recommended for approval. HENRY ENGEN MICHAEL SHELTON Planning f Director City Manager HE:ps t r U to z Jim- LU W° $ ! /� • s _ IQ,� CL rr- ul 5-/. � +►E c�9a' III 1D 45 i o �CA ' $ / O0 » I i M v ' rr1 I IV At i �$ �l •COUNCIL MEETING : 5/28 AGENDA ITEM NO. : A - 7 i M E M O R A N D U M TO: CITY COUNCIL May 28, 1985 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Parcel Map AT 830304:1 LOCATION: 6100 Llano Road (Lot 10A, Block 43) APPLICANT: Glen Millhollin (Dan Stewart) On June 13, 1983 the City Council approved Parcel Map AT830304 : 1, subject to certain conditions and in concurrence with the recom- mendation of the Planning Commission. The required conditions have been complied with and the final map is recommended for approval. HENRY E�GEN MICHAEL SHELTON Plannin Director City Manager HE:ps • ad �49Qq t V�� $_ V o, � 5 gym. o 4it it 4t� .it .10 Y W e Y a � t� �r rA / 'i 6 � V� ' i T V r b � COUNCIL MEETING 5/28/85 AGENDA ITEM NO, : A - • M E M O R A N D U M TO: Mike Shelton FROM: Don Leib SUBJECT: Vehicle Purchase from State of California - Cooperative Purchasing DATE: May 22, 1985 The State of California Department of General Services makes available to Municipalities, through their cooperative -purchasing process, the opportunity to purchase vehicles at State Bid prices. This procedures enables the City to take advantage of their large purchasing power in which they solicit bids state wide for the purchase of large quantities of vehicles which results in purchasing at prices generally available only to large volume buyers and to standardize quality and service • levels. Further savings result in that staff does not have to research products, prepare specifications, advertise and put out for bid, and will expedite the purchasing process. In the current 1984-85 budget we have one 1/2 ton pickup to purchase and funds are provided. The state purchase price is $7,936.35. I request Council authorization to proceed with the purchase of this vehicle from the State of California, Cooperative Purchasing Division, Department of General Services. DON LEI • . COUNCIL MEETING : 5/28/8 AGENDA ITEM NO, : B - 1 City of Atascadero STAFF REPORT FOR: City Council Meeting Date: 5/28/85 BY: Doug Davidson, Assoc. Planner Trainee File No: CUP 29-84 Project Address: 8455 Santa Rosa Road (Christian Home) SUBJECT: To consider an appeal by neighborhood petition of Conditional Use Per- mit 29-84. This use permit, approved by the Planning Commission on March 4, 1985. allowed for an additional sixteen cottages, an adminis- tration building, and a chapel to the existing residential care facil- ity for the elderly. BACKGROUND: This proposal was first heard at the Planning Commission meeting of February 4, 1985. This original proposal was to be phased over a ten year period and included a skilled nursing facility, a new board and care facility, twelve additional cottage buildings, an administration building, and a chapel. Total density proposed for the entire devel- • opment was 375 people. The matter was continued to the February 19th meeting due to the concerns of the neighbors and commission members over the density of the project. In response to these concerns, at the February 19th meeting, staff recommended eliminating the skilled nursing facility to reduce the size of the project, while still allow- ing it to function as a continuing care facility for the elderly. The density for this revised proposal was reduced to 279 people. The feelings of the neighbors and the commissin was that the project was still too intense for the area. The item was continued to the meeting of March 4th to consider the possibility of a revised site plan. The submitted revised site plan eliminated the skilled nursing facility and the proposed board and care. This request for an addi- tional sixteen cottage buildings, an administration building, and a chapel was approved by the Planning Commission at the March 4th meet- ing. Density for the approved project will be approximately 103 people. An appeal by neighborhood petition was received by staff and scheduled for the April 8, 1985 City Council, meeting. At that time the matter was continued for thirty days due to the fact that the existence of archeological finds on the' property necessitated investigation. The Christian Home has conducted the archeological report and modifica- tions to the use permit have been incorporated to include the results. • c Conditional Use Permif29-84 (Atascadero Christian Home) STAFF COMMENTS- The March 11, 1985 letter of appeal (see attached) from the neighbor- hood citizens group covered several issues. The major concerns throughout the three hearings were the proposed density of the project and its impact upon the surrounding residential neighborhood. Ques- tions were also voiced over drainage, sewer capacity, and increased traffic. The following is staff' s response to the issues raised in the appeal: Appeal Grounds: 1. Staff feels the resignation of six of the seven Planning Commis- sioners at the March 4, 1985 meeting did not interfere with the approval of the use permit. Three different hearings were conduc- ted with proper prior notification and at these hearings, many of the neighbors had the opportunity to express their concerns. 2. The latest revised plans, approvedbythe Planning Commission on March 4, 1985, were submitted to staff after the Planning Commis- sion agenda was completed. It was the decision of the Planning Commission to hear the item at that time and, based on the facts presented at the previous two hearings along with ,the revised in- formation, they were able to come to a unanimous decision. 3 . and 4. - The maps of the project which staff presented at the hearings were small, difficult to read, and not to scale. This is, unfortunately, sometimes the result when large blueprints for complex projects are reduced to 8 1/2" X 11" for public handout and presentation. The applicant has advised that the commitment is to 2400-2600 square foot structures. Appellants are correct in their assertion that errors in scale appear to suggest larger buildings. 5. Statement of fact. 6. The possibility of an Environmental Impact Report for the project was discussed at the public hearings. it was the decision of the Planning Commission that the project be issued a Negative Declara- tion, which indicates the project will not have a significant ad- verse effect upon the environment if certain mitigation measures are incorporated into the project. Staff feels that the project, with the recommended conditions of approval, will ensure that this expansion will be compatible with the surrounding neighborhood. 7. Condition #7 of the staff report addresses the concern over gener- ation of additional traffic by requiring the widening of Santa Rosa Road. Another concern of the petitioners was the additional hazards to school children by the required extension of Pinedorado Road from Atascadero Road to Mountain View. Pinedorado Road is currently unimproved and runs along the rear of the site. Condi- tion #8 of the staff report required the improvement of Pinedorado as a secondary access to a minimum all-weather surface, 20 feet in width. The improvements were to extend from Atascadero Road to `Mountain View. The Fire Department originally required thiq, emer- 2 Conditional Use. Perm 29-84 (Atascadero Christgn Home) gency access, but due to the reduced scope of the project- and problems with this access, the Fire Department has determined that Pinedorado is no longer needed for emergency purposes as condi- tioned on a revision to the site plan to widen the access drive from Santa Rosa. A sidewalk along the Santa- Rosa frontage was discussed but not required. 8. Condition #8 of the staff report requires that the civil engineer will have to show that the sewer lateral can handle the proposed flows. If not, the lateral will have to be enlarged or a holding tank will be required. 9. This request is for an additional sixteen cottages, an expansion of an existing cottage, an administration building, and a small chapel. The board and care and skilled nursing facility are no longer a part of this request. They could be requested in the future: 10, and 11. - These two concerns address the proposed care facility and its impact upon the residential neighborhood. Staff feels that this proposed facility complies with the General Plan which states in the Land Use Element that "where all factors are favor- able, board and care facilities could satisfactorily be - developed in designated- neighborhood areas. The use density shall not exceed that of high density multiple family use. Overall, this project, as amended, appears an appropriate compromise between the legitimate concerns of the neighborhood and the City's obligation to provide sufficient housing opportunities for the elderly, pur- suant to language in the Housing Element. Archeoloqical Studv: Unlike coastal sites which have been found in considerable numbers, inland sites are quite scarce and fragile and their preservation or throrough. pre-destructionarcheological excavation is essential. This area, site number SLO-617 , is a significant find and mitigation mea- sures are essential to preserve the burials and the unique prehistoric data in this site. Condition #1.7 is proposed to be added to the staff report for this reason. There has been some discussion of moving one of the cottages away from a test hole, but no agreement between staff and the applicant has yet been reached. RECOMMENDATION: Staff recommends approval of Draft Resolution 27-85 denying the appeal and approving Conditional Use Permit 29-84 subject to the same condi- tions recommended by the Planning Commission with the following modifications: - Condition#8 regarding Pinedorado Road shall be deleted. - Conditions #17 and #18 shall be added: 3 Conditional Use Permit 29-84 ,(Atascadero Christian Home) "17. In the event that archeological resources are discovered on the subject site during construction of this project, said resources are to remain undisturbed after discovery and construction activity shall cease immediately. The Plan- ning Department is to be notified so that proper disposi- tion of the resources may be accomplished. Construction may resume only upon authorization by Planning Department. " "18. To protect the midden under the two cottages along Santa Rosa and under the proposed road between the southwest cot- tage and the office, imported sterile fill of a contrasting color shall be used to build up these areas so the founda- tion and utility trenches are contained entirely within the fill material. At least one archeological test unit should be excavated in the area of each of these two cottages prior to implacement of the fill pursuant to Col. Sawyer ' s archeological report. " DGD:ps ATTACHMENT: April 8, 1985 Staff Report cc: Mike Arrambide John Dorman 4 OUNCIL MFFTING : 4/8/R5 FNDA ITEM NO, : p City of Atascadero • STAFF REPORT FOR: City Council Meeting Date: 4/8/85 BY: Doug Davidson, Assoc. Planner Trainee Project Address: 8455 Santa Rosa Road ' (Christian Home) SUBJECT: To consider an appeal by neighborhood petition of Conditional Use Per- mmit 29-84. This use permit, approved by the Planning Commission on March 4, 1985, allowed for an additional sixteen cottages, an adminis- tration building, and a chapel to the existing residential care facil- ity for the elderly. BACKGROUND: This proposal was first heard at the Planning Commission meeting of February 4, 1985. This original proposal was to be phased over a ten year perid and included a skilled nursing facility, a new board and care facility, twelve additional cottage buildings, an administration building, and a chapel. Total density proposed for the entire devel- opment was 375 people. The matter was continued to the February 19th • meeting due to the concerns of the neighbors and commission members over the density of the project. In response to these concerns, at the February 19th meeting, staff recommended eliminating the skilled nursing facility to reduce the size of the project, while still allow- it to function as a continuing care facility for the elderly. The density for this revised proposal was reduced to 279 people. The feelings of the neighbors and the commission was that the project was still too intense for the area. The item was continued to the meeting of March 4th to consider the possibility of a revised site plan. The submitted revised site plan eliminated the skilled nursing facility and the proposed board and care. This request for an addi- tional sixteen cottage buildings, an administration building, and a chapel was approved by the Planning Commission at the March 4th mee- ting. Density for the approved project will be approximately 103 people STAFF COMMENTS: The letter of appeal from the neighborhood citizens group covered sev- eral issues. The major concerns throughout the three hearings were the proposed density of;, the project and its impact upon the surround- ing residential neighborhood. Questions were also voiced over drain- age, sewer capacity, and increased traffic. The Public Works Depart- ment has reviewed the project and would again review the grading, • drainage and erosion control plans before any building permits would be issued. Condition #7 ,-. the widening of Sanaa Rosa Road, is in re- sponse to the increased traffic generated by the facility, although O � • h W a s \ O HR p=dG yN, 8z ��u �yc! t a � •.'s. .V. } -� 1�,: e W Lu N a 1 � V Al IL Sp� W �. N _NLL YHti.YO NW iE ~NyN \\ W M yp\ Na N i�W\ yNW�y J` S GZ {n'tw CLam 0- Wit 40 W) m Uig LU a00 0 9 p p p y G f z many Christian Home residents will not drive a car•. Condition #9 as- serts that the civil engineer will have to show that the sewer lateral can handle the proposed flows. If not, the lateral will have to be en larged or a holding tank installed. Conditions #10 and #11 are req- uesting further clarification that the existing and proposed public improvements and infrastructure are adequate in size and nature to accommodate the development. Pinedorado Road is currently un-improved and runs along the rear of the site. Condition #8 required the improvement of Pinedorado as a secondary access to a minimum all-weather surface, 20 feet in width. The improvements were to extend from Atascadero Road to Mountain View. The Fire Department originally required this emergency access, but due to the reduced scope of the project and problems with this access, the Fire Department has determined that Pinedorado is no longer needed for emergency purposes as conditioned on a revision to the site plan to widen the access drive from Santa Rosa. Staff feels that this proposed facility complies with the General Plan which states in the Land Use Element that "Where all factors are fav- orable, board and care facilities could satisfactorily be developed in designated neighborhood areas. The use density shall not exceed that of high density multiple family use. " Overall, this project, as amen- ded, appears an appropriate compromise between the legitimate concerns of the neighborhood and the city's obligation to provide sufficient housing opportunities for the elderly pursuant to the language in the Land Use Element. RECOMMENDATION: Staff recommends approval of Draft Resolution 27-85 denying the appeal and approving Conditional Use Permit 29-84 subject to the same condi- tions recommended by the Planning Commission, except that Condition #8 be deleted. DGD:ps ATTACHMENTS Draft Resolution No. 27-85 Letter of Appeal to City Council —March 11, 1985 Staff Report March 4 , 1985 Staff Report February 19, 1985 Staff Report - February 4, 1985 Planning Commission Minute Excerpts - February 4, 1985 February 19, 1985 and March 4 , 1985 RESOLUTION NO. 27-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DENYING THE APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT 29-84 AND APPROVING AN AMENDED CUP 29-84 (8455 SANTA ROSA ROAD - CHRISTIAN HOME) WHEREAS, a petition has been submitted appealing the approval of said use permit; and WHEREAS, the City Council has reviewed the record of testimony before the Planning Commission, staff reports and public testimony before the Council on this issue. NOW, THEREFORE, the Council of the City of Atascadero does resolve as follows: Section 1. Council Findings. 1. The project will not have a :significant adverse impact upon the environment,. and preparation of an Environmental Impact Report is not necessary. S2. The project, with the conditions of approval, conforms to all applicable zoning regulations and is consistent with the Gen- eral Plan. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and 4. The project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surround- ing neighborhood that would result from full development in accordance with the Land Use Element. 6. Streets in the vicinity of the_ Atascadero Christian Home are adequate to carry the kind and quantity of traffic generated by the proposed expansion. 7. The conditions imposed are necessary to assure that the pro- ject will be reasonably compatible with existing and future uses in the area and with the character of the neighborhood and its orderly growth. Section 2. Conditions of Approval. 1. Site development including buildings, driveways, parking, landscaping and other features shall be consistent with the attached plans submitted including any modifications required herein and all provisions of Title 9 of the Atascadero Muni- cipal Code. 2. All conditions of approval herein shall. be complied with prior to occupancy of new construction. 3. Building architecture shall be generally consistent with sub- mitted elevations. a. Roof-mounted or outdoor-mounted equipment shall be screened as required by Section 9-4.128 of the Zoning Ordinance. 4. Landscape and irrigation plans in conformance with Section 9-4.124 shall be approved by the Planning Department prior to issuance ofbuilding permits. 5. All new utilities and utility connections shall be placed underground. 6. Submit two sets of grading, drainage, and erosion control plans for review and approval by the Planning and Public Works Departments in accordance with Sections 9-4.138 and 9-4.148. 7. Santa Rosa Road shall be widened along the full property frontage. 8. New sewer lateral -shall have the capacity to handle the fully developed flows. Submit calculations from a registered civil engineer to substantiate sizing. If an 8" lateral is neces- sary,'ia manhole will have to be installed at the sewer main. 9. Include storm water detention and drainage plan in project planning. Submit calculations for entire project prior to approval of first building permit. 10. Streety drainage, grading, and sewer plans and calculations are to>. be subject to a checking and inspection agreement with the Engineering Department. 11. Fire alarms, fire extinguishers, smoke detectors and sprink- ler systems are required by: the Fire Department. �c s 12. Three fire hydrants shall be required; ' type and location . shall be determined by the Fire Department. 13. Site circulation system shall be redesigned to meet Fire Department standards for access width and turning radius. 14. Development shall be subject to the approval of the State Fire Marshall prior to the issuance of a building permit. 15. A lot merger of appropriate access easement shall be con- firmed by the Planning Department prior to the issuance of building permits. 16. This conditional use permit approval shall expire one year from the date of final approval unless all conditions are satisfied and the project shows substantial progress, or unless an extension is granted pursuant to Section 9-2. 118 of the Zoning Ordinance. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, California, held on the 8th day of April, 1985. CITY OF ATASCADERO By ROLFE D. NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO CONTENT: s ICHAEL HICKS, Acting City Manager APPROVED AS O FORM: ALLEN GRIMES, City Attorney atro u�svr, otswaw I.�.' 84 rl law It . ._:- _ '%`� "� �t t� %•`tit" y' I•' ♦r\• f� f r ► < { pi - it. _ �*y ' ,t ! r MAR 1 1 1,085 APPEA:u TO ATASCADERO CITY COUNCIL ATASCADERO rfry rl ERK The following is an* appeal to Council to reverse Planning Commission decision and deny Conditional Use Permit 29-84. This Appeal is for- mulated by and expresses opinions of a citizen's group dedicated to following any legal avenues of recourse against this Conditional Use Permit. Appeal is based on the following grounds: 1. Six of the seven Planning Commissioners resigned at the March 4. 1985 meeting at which this Conditional Use Permit was approved. it is felt that the Conditional Use Permit 2y-84 was not given adequate attention by the Planning Commission at that time. 2. Revised proposal and Planning Department staff report were first seen by the Planning Commission at the beginning of the Planning Com- frission ml'eting on March 40Y85 in violation of the Planning Commis- Sion rules of procedure, Resolution 1-84. Inadequate time for consideration was provided. 3. Maps of the proposed expansion were small, fragmented, difficult to read, and not to scale. 4. Building size was misrepresented by the applicant as being 2400 to 2600 square feet for cottages. Review of scale plans indicates size of the seven larger cottages to be approximately 4,O00 square feet. 5. The scale plan of the proposal shows 17 new buildings, 5 existing buildings, and expansion of one existing cottage for a total of 23 buildings at this phase of the project. 6. A demand was presented by the citizens group for an environmental impact report. This demand was dismissed by the Planning Commission. 7. Additional traffic problems have been minimized. Safety of school children walking along Santa Rosa, Portola, and Atascadero Avenue has not been addressed. This problem was posed by the Santa Rosa P.T.A. President at a Planning Commission meeting. Extension of Pinedorado to Atascadero Avenue would create within a block of Santa Rosa School, another intersection close to the existing intersection Of Atascadero Avenue and Portola Road. This will result in additional hazard to school children. 8. Sewer plant capacity in regards to this project is in question. 9. Proposed total density figures are misleading. The Conditional Use Permit represents only a portion of the developers stated intent. Developer has gone on record with plans to build two additional large facilities, a skillets nursing facility and a board and care facility, on this property within 5 years. APPEAL TO ATASCADETIO CITY COUNCIL -2- 10. This property is zoned RSF-Y ksingle family dwelling, one acre minimum) and is surrounded by a residential neighborhood. A care facility of this magnitude, in this location, is totally unsuit- able and inconsistent with the General Plan. Alternative locations are available. 11. The City's General Plan was amended, at the specific request of this Corporation, to read "where all factors are favorable, board and care facilities could satisfactorily be developed in designated neighborhood areas". This Conditional Use Permit is inconsistent with the General Plan''in that"all factorsit are obviously not favorable. 12. Affixed to this appeal is -appetition presented to the Planning Com- mission, signed by residents idf the i=edtave -,aarrounding area to the project who are opposed tO this tiiV el ". In light of the factors listed, the undersigned urge the City Council to deny Conditional Use Permit 2y-84, with recommendation that this development take place in a more suitable location. NAME ADDRESS r v �� - c ,d �. This petition concerns the lication of the Atascadero Christia ome Incorporated for conditional use permit No. 2404 before the Atascadero City PlandIg Commission. The property in question is currently zoned RSF-Y (residential single family dwelling with one acre minimum lot size). The size of the property in question is 10.34 acres. The city's average household size is currently 2.76 persons. Current zoning at this average allows a total density for the property of 28.5 persons. The proposed expansion would increase from the present 37 residents, 6 staff to 322 residents, 53 staff for a total density of 375 persons. This is a single family dwelling neighborhood and'we want to keep it that way. A change of this magnitude would have a very strong negative effect on, among other things, traffic flow on our streets, visual impact on homes overlooking the project, and the residents' right to "quiet enjoyment" of his or her property. The undersigned residents of the surrounding area to the property in question strongly urge the Planning Commission to deny conditional use permit No. 29-84. Name _ Address " 644 o-S G 70 �/r• J" i� A- aar ' /1IPS' 75-—t2'ljy�� n l! ��i )p,`} ^ QZ�. This petition concerns to lication of the Atascadero Christia ome Incorporated for conditional use permit No.�4 before the Atascadero City Plant Commissidn. The property in question is currently zoned RSF-Y (residential single family dwelling with one acre minimum lot size). The size of the property in question is 10.34 acres._The city's average household size is currently 2.76 persons. Current zoning at this average allows a total density for the property of 28.5 persons. The proposed expansion would increase from the present 37 residents, 6 staff to 322 residents, 53 staff for a total density of 375 persons. This is a single family dwelling neighborhood and we want to keep it that way. A change of this magnitude would have a very strong negative effect on, among other things, traffic flow on our streets, visual impact on homes overlooking the project, and the residents' right to "quiet enjoyment" of his or her property. The undersigned residents of the surrounding area to the property in question strongly urge the Planning Commission to deny conditional use permit No. 29-84. Name Address 74, 3 4 C/ 6 -Xt 4. Yd 14 " til s C7- CtAtk� Yl �• 23• 2� Zd. 25. 30. City of Atascadero . STAFF REPORT FOR: Planning Commission Meeting Date: March 4 , 1985 BY: Doug Davidson, Assoc. Trainee File No. : CUP 29-84 Project Address: 8455 Santa Rosa (Atascadero Christian Home) SUBJECT: To allow development of a 10.34 acre parcel to expand the, existing residential care facility for the elderly. This addendum concerns the Atascadero Christian Home revision submitted to staff on the afternoon of February 28, 1985, which was after the agenda packet was completed for the March 4 , 1935 meeting. ANALYSIS: The revised plan is in response to the concerns of the neighborhood and Planning Commission over the proposed density of the project. The current request is for the additional cottages and the site im- provements associated with them. Phase 9 (Skilled nursing facility) and Phase 5 (Board and care) have been eliminated from the project at this time. Five new cottages are proposed to occupy the area where the skilled nursing facility was originally proposed. The area originally pro- posed for Phase 5 in 1988 (Board and Care, Administration, Dining Facility) is vacant in the current site plan. The Chapel and addi- tional cottages are also requested at this time. This proposal will add an additional 60 people, all residing in cottages, to the existing 43 people on site, for a total density of 103 people. The project proposes a total of 61 parking spaces and staff has de- termined that parking needs are met on the site. In sum, the addition of the five cottages near the rear of the site and the elimination or replacement of two cottages near the front of the project results in a net addition of three cottages from the original plan proposal. These cottages along with the Chapel and small administration building comprise the current request. The two large facilities, the skilled nursing and the board and care, are not part of this request. _1__ t�. Staff Report - CUP 29-84 (Atascadero Christian Home) RECOMMENDATION: Staff recommends approval of Conditional Use Permit 29-84 based on the Revised Findings and Conditions of Approval contained in Exhibit A. ATTACHMENTS: Exhibit A - Revised Findings and Conditions of .Approval Exhibit B - Revised Site Plan Staff Report dated February 19, 1985 -2- EXHIBIT A - Conditional• Use Permit 29-84 Revised Findings and Conditions of Approval S March 4, 1985 FINDINGS: 1. The project will not have a significant adverse impact upon the environment, and preparation of an Environmental Impact Report is not necessary. _ 2. The project, along with the conditions of approval, conforms to all applicable zoning regulations and is consistent with the General Plan. 3 . Streets in the vicinity of the Atascadero Christian Home are ade- quate to carry the kind and quantity of traffic generated by the proposed expansion. 4 . The conditions imposed are necessary to assure that the project will be reasonably compatible with existing and future uses in the area and with the character of the neighborhood and its or- derly growth. CONDITIONS OF APPROVAL: 1. Site development including buildings, driveways, parking, land- scaping and other features shall be consistent with plans submit- ted including any modifications required herein and all provisions of Title 9 of the Atascadero Municipal Code. 2. All conditions of approval herein shall be complied with prior to occupancy of new construction. 3 . Building architecture shall be generally consistent with submitted elevations. a. Roof-mounted or outdoor-mounted equipment shall be screened as required by Section 9-4 . 128 of the Zoning Ordinance. 4 . Landscape and irrigation plans in conformance with Section 9-4 . 124 shall be approved by the Planning Department prior to issuance of building permits. 5. All new utilities and utility connections shall be placed under ground. 6 . Submit two sets of grading, drainage, and erosion control plans for review and approval aby the Planning and Public Works Depart- ments in accordance with Sections 9-4 . 138 and 9-4 .148. -3- Conditional Use Pe 0t 29-84 (Atascadero Chri an Home) Exhibit A - Revised Findings ,and Conditions of Approval (Cont. ) 7. Santa Rosa Road shall be widened along the full property frontage. 8. Pinedorado shall be improved as a secondary access to a minimum all-weather surface, 20 feet in width. This access shall extend from Atascadero Road to Mountain View. The internal driveway shall be connected to Pinedorado to ensure that this emergency access is available. 9. New sewer lateral shall have the capacity to handle the fully dev- eloped flows. Submit calculations from a registered civil engin- eer to substantiate sizing. If an 8" lateral is necessary, a manhole will have to be installed at the sewer main. 10 . Include storm water detention and drainage plan in project plan- ning. Submit calculations for entire project prior to approval of first building permit. 11 . Street, drainage, grading, and sewer plans and calculations are to be subject to a checking and inspection agreement with the Engin- eering Department. 12 . Fire alarms, fire extinguishers, smoke detectors and sprinkler systems are required by the Fire Department. 13 . Three fire hydrants shall be required; type and location shall be determined by the Fire Department. 14 . Site circulation system shall be redesigned to meet Fire Depart- ment standards for access width and turning radius . 15 . Development shall be subject to the approval of the State Fire Marshall prior to the issuance of a building permit. 16 . : A lot merger of appropriate access easement shall be confirmed by the Planning Department prior to the issuance of building permits . 17 . This conditional use permit approval shall expire one year from the date of final approval unless all conditions are satisfied and E' . the project shows substantial progress, or unless an extension is grunted pursuant to Section 9-2 . 118 of the Zoning Ordinance. -4- G � c ED 5IT FLA _ PROPOSHD . MASTER SI TE P LAN F O R A T A S C A D E R O. / C H R I S T I A N HOME I NC. /� /: l�I� �r yt,y /j/ NOR T SECTI O.ry ! e"._ cera,.,e. •1� v � /. /// �� j / � // w z / L 14 EX1' 02 oi In fie' v � !4 :.� w Mro. e..•. �Aih .,r E•"�^_ 'ter�a -.`"^a _ 7, COTTAGES' ' �1Ly� t �ai LOTiAGE\b P R O P O S E D MA S T E R. S I T E. P L A N grh I T DEAUTY it crPT sxGP i PAFlLOF \ k F O R A T A S C A D 'E R O COTTAGES_ CH R I S T 1A N H 0 M ,E , I N C. S o U T x EAST SECTION Aa .i, i G / ! / : .. V?• v"\seta_ /� � � � :..� // J //�� F/ ' f: r� ✓ / .rte/r -„r- / j �/ /� /// a Z Y1 PW `'�F�• � p��-i:j 'Tj�. f //"'�1^ i' c� i / -'-/ r.� �yJ ' 1`.Fl`'�is / `alt .COiiaCE '/ / r•� ; i S vQ 77 i 7 '•con cn O c conac r't ti s —l'"^M+ '•...t,�.l �-.� ( T F _ � S`a City of Atascadero Item B-4 STAFF REPORT • FOR: City Planning Commission Meeting Date: 2/19/85 BY. Doug Davidson, Associate Trainee File No: C.U.P. 29-84 Project Address: 8455 Santa Rosa Road (Atascadero Christian Home) SUBJECT: To allow a phased development of a 10.34 acre parcel to expand the existing residential care facility for the elderly. BACKGROUND: Residential care and skilled nursing facilities with over six resi- dents under care are allowable conditional uses in the RSF zones. This proposal consists of three levels of elderly care: independent °cottage° living units; board and care bedroom units; and a skilled nursing facility. This expansion is proposed to be phased over a ten year period. Notice of public hearing was published in the Atascadero News on January 25, 1985 and all owners of record property within 300 feet were notified on that date. On February 4, 1985, the Planning Commission continued this project due to concerns over the proposed density and its impact upon the sur- rounding residential neighborhood. Concerns were also voiced over drainage, traffic, and the scale of buildings. STAFF COMMENTS: Staff has addressed the concerns over drainage and the capacity of the roads and sewers by incorporating Conditions #6 through #11. These conditions require street widening and improvements, as well as drain- age and sewer calculations to determine if the existing infrastructure can accommodate the proposed development. Height of Buildings: The applicant originally proposed a height of 36 feet for the new .board and careifacility. This height exceeds the lifesaving capabil- ities of the Fie Department, but the Fire Chief has accepted the height because; the project will have an automatic sprinkler system throughout. The, applicant' has notified staff that the building can be designed at a lower height. Thus, . staff feels that the building should have a height limitation of 30 feet which is the maximum height allowed in single family areas. Conditional Use Permo 9-84 (Atascadero Christi*Home) Density: The major concern of the neighborhood and the Planning Commission was that this development was too large in scale for a single family resi- dential area. The number and size of the buildings and the proposed total density of 375 people was thought to be incompatible with the existing neighborhood. During the course of development of the City' s General Plan, Residen- tial Policy No. 15 was added in consideration of future expansion of the Atascadero Christian Home stating that "Where all factors are fav- orable, board and care facilities could satisfactorily be developed in designated neighborhood areas. The use density shall not be permitted to exceed that of high density multiple family use. " A key issue raised with respect to the proposed skilled nursing facilities at the February 4th hearing is that the General Plan contains the following language - with respect to nursing homes. Particular concern has been P g expressed over the future placement of nursing homes within the com- munity - vocational factors related to intensive care agencies, sani- tariums, and nursing homes shall include consideration of the charac- ter of the surrounding area. These might be better located outside of single family residential areas, perhaps in a more rural setting or in professional high density areas near important thoroughfares. " With this in mind, staff feels that the skilled nursing facility, pro- Posed as Stage 9 in 1993, should be eliminated as part of this Condi- tional Use Permit. This will allow the project to expand its continu- ing care facilities at a density level of 279 people (263 residents and 16 staff) while the reduced size of the project will soften its impact on the neighborhood. The conditions of the original staff report are all applicable - with modification to #17 and the addition of conditions #19 and #20. RECOMMENDATION: Based on the previous findings and conditions, along with the proposed conditions, staff recommends approval of Conditional Use Permit 29-84 modified as follows: Finding #6 relative to buildings in excess of 30 feet should be deleted. Condition #Q to be reworded as requested at February 4th meeting, as follows: 8. Pinedorado shall be improved as a secondary access to a minimum all-weather base, 20 feet in width. This access shall extend from Atascadero Road to Mountain View and shall occur as a part of Phase 5. " Condition #17., shall be reworded as follows: 1.17. A minimum of 68 parking stalls are required, two of which must for the handicapped. " 2 `E` Conditional Use Perm. 9-84 (Atascadero Christi*Home) t The following conditions #19 and #20 are to be added: "19. No building shall exceed 30 feet in height on the site. y "20. The project shall be redesigned to eliminate Phase 9. Phase 9 ' is the skilled nursing facility and its associated parking, cir- culation, and landscaping as shown in Exhibit D. Phase 5 shall be redesigned to extend the internal driveway to connect to Pinedorado. DGD:ps ATTACHMENT: Staff Report February 4, 1985 3 City of Atascadero Item: B-3 STAFF REPORT P 2/4/85 FOR: City Planning Commission Meeting Dater BY: Doug Davidson, Associate Trainee Item No: CUP 29-84 Project Address: 8455 Santa Rosa Road (Atascadero Christian Home) SUBJECT: To allow a phased development of a 10.34 acre - parcel to expand the existing residential care facility for the elderly. BACKGROUND: Residential care and skilled nursing facilities with over six resi- dents under care are allowable conditional uses in the RSF zones. This proposal consists of three levels of elderly care: independent "cottage" living units; board and care bedroom units; and a skilled nursing facility. The expansion is proposed to be phased over a ten year period. Notice of public hearing was published in the Atascadero News on January 25, 1985 and all owners of record property within 300 feet were notified on that date. A. LOCATION: 8455 Santa Rosa Road (Parcels A,B,C, Parcel Map 26-64 (CO 76-240) - Ptn. of Lots 9 and 10 of Block 12) 9 j B. SITUATION AND FACTS: j 1. Request. . . . . . . . . . . . . . . . . . . .To allow a phased development to expand the existing residential care facility for the elderly. 2. Applicant. . . . . . . . . . . . . . . . . . .Atascadero Christian Home 3. Architect. . . . . . .. . . . . . . . . . . .Gary Harcourt 4. Site Area. . . . . . . . . .. . . . . . . . 10.34 acres 5. Streets. . . . . . . . . . . . . . . . . . . . . .Santa Rosa Road is a city main- tained local street with a 40 foot right-of-way. Conditional Use Permit 29-84 (Atascadero Christian Home) 6. Zoning. . . . . . . . . . . . . . . . . .RSF-Y (Residential Single Fam- ily - Moderate Density) 7. Existing Use. . . . . . . . . . . . . . . . .Residential care facility 8. Adjacent Zoning and Use. . . . . .North: RSF-Y, Residential South: RS, Residential East: RSF-Y, Residential West: RSF-Y, Residential 9. General Plan Designation. . . . .Moderate Density Single Family Residential 10. Terrain. . . . . . . . . . . . . . . . . . . .Level to gently sloping terrain with an existing residential care facility 11. Environmental Status. . . . . . . . .Negative Declaration C. SITE AND DEVELOPMENT DATA: BOARD AND CARE: Residential facility for the elderly which provides 24 hour care, assistance with activities of daily living, supervision of prescribedmedications, transportation, personal laundry needs and housekeeping. COTTAGE RESIDENTS: "Transitional" independent living units for the elderly. Minimum age would be 60 years. We provide a living unit, maintenance and housekeeping, meals and 24 hour security. SKILLED NURSING FACILITY: Long-term care by licensed nurses, 24-hours a day, in which we provide all the above plus the nursing for elderly need- ing nursing care around the clock. ZONING ORDINANCE DEFINITIONS: Residential Care: Establishments primarily engaged in the provision of residential social and personal care for children, the aged, and special cate- gories of persons with some limits or ability for self-care (in- cluding mental and physical limitations) but where medical care is not a major element. Includes: board and care facilities, child- ren' s homes; halfway houses; rehabilitation centers; self-help group homes. Skilled Nursing Facility: Residential establishments primarily engaged in providing nursing and health related personal care, generally on a long term basis, with inpatient beds, including skilled nursing facilities; exten 3ded care facilities; convalescent and rest homes. � I t _ 2 ` Conditional Use Permit 29-84 (Atascadero Christian Home) Maximum Density Allowed: 375 people Maximum Density Proposed: 375 people (to includestaff) OCCUPANCY: Existing: Board and care residents 30 6 Board and care staff 6 Cottage residents 7 Skilled nursing facility residents 0 Skilled nursing facility staff 0 Total: 37 res. 6 staff Proposed: (maximum including skilled nursing facility) Board and care residents 203 Board and care staff 16 Cottage residents 60 Skilled nursing facility residents 59 Skilled nursing facility staff 37 Total: • 322 res. 53 staff Parking: a. Existing b. Proposed (maximum site utilization) *Board and care - 1/8 beds total 26 Skilled nursing facility 1/4 bed 15 *Chapel- 1/4 seats Borrow from adjacent (25) (refer to note) Administration - 1/300 s. f. 5 *Gift shop - 1/300 s. f. Borrow from adjacent (3) (support function to above) Staff (1/employee-100%) 53 Total: 99 spaces 116 required *Adjustment required from current zoning requirements. 3 Conditional Use Permit 29-84 (Atascadero Christian Home) PROJECT SIGNAGE: SYM. DESCRIPTION LOCATION SIZE LTG. A Entrance identif. Refer to plan 32 s.f. B Entrance directory Refer to plan 20 s.f. C Street signs Shall be located - at all street in- tersections and D Building identif. At entry or visable 4 s.f. each perspective from streets at each building building complex E Enforcement signs Shall be posted as required (no parking) PROPOSED PHASING SCHEDULE PROJECT DATE OF (IMPLEMENTATION OF PROPOSED ACCOMPLISHMENT MASTER PLAN) 1. Beauty shop/gift shop 1983 2. Board and care (12 unit-addition 1984 to the existing facility) 2a Kitchen/dining room remodel 1984 3. Cottages (upon approval of CUP) 1985 4. Site improvements (streets, curbs, gutters, utilities, etc. ) to be phased in concert with the development and construction of each of the indi- vidual phased tasks. 5. Administration building with conversion 1986 of existing residence into triplex or day care center 6.. Conversionofexisting kitchen and 1988 dining to residential units 7. Boardandcare with new kitchen, laun- 1988 dry, and dining facilities (include pedestrian mall) 8. Additional cottages These shall be developed through- out the develop- 4 Conditional Use Permit 29-84 (Atascadero Christian Home) ment schedule responding to the i need as it is structured in the overall develop- ment (locations shall be radiating from two prospec- tives: (1) kitchen and dining facili- ties and (2) ex- tension of access roads and pedes- trian paths. 9. Skilled nursing facility 1989 D. ANALYSIS: This conditional use permit is comprised of three requests. The first is to allow a residential care facility, skilled nursing facility, and a chapel in the RSF-Y Zone. In addition, the pro- posed height of the buildings and the on-site parking will require a modification from the zoning ordinance standards. Other con- cerns such as signage, access, and density will be discussed. Conditional Uses: Churches, as well as residential care and skilled nursing facili- ties where the number of residents under care is greater than six, are conditional uses in RSF-Y zones. The elderly care facilities require a minimum 20,000 square feet of site area, while churches and related facilities must be located on a collector or arterial. Both of these criteria are met in the current proposal. Staff feels the existing facility has been a compatible use in this residential area. Staff' s concern is with the increased den- sity due to the phased expansion. Residential Policy No. 15 of the Land Use Element of the General Plan states that: "Where all factors are favorable, board and care facilities could satisfac- torily be developed in designated neighborhood areas. The use density shall not be permitted to exceed that of High Density Mul- tiple Family use. " Under the current ordinance, this is 16 dwell- ing, units per acre. This criteria is not feasible in this situa- tion, however , unless each bed or bedroom is considered a unit. This project' s particular density standard of 3x.5 people was bor- rowed from the City' s ald zoning ordinance, which allowed 36 peo- ple per acre maximum. Over a ten year period, the Atascadero Chrilstian Home will eventually have 322 residents and 53 staff for a total population of 375 people. The concern with this situation is cxeating a higher density standard than found elsewhere in the 5 '� ` Conditional Use Permit 29-84 (Atascadero Christian Home) City. The City' s average household size is currently 2.76. Using_ this figure, a 10 acre site in the RMF/16 zone could contain 440 people. This project proposes 375 people and thus does not exceed the General Plan density policy cited earlier. Building Hecht: The maximum height of buildings in residentialzonesis 30 feet. The applicant is requesting a height of 36 feet for the new board and care facility. Even though this height exceeds the lifesaving equipment capabilities of the Fire Department, the project will have automatic sprinkler systems throughout. Hence, the Fire De- partment accepts the higher building height proposed. Parking: A total of. 99 parking spaces are provided which makes use of the shared ori-site parking adjustment of up to 20%. The uses taken separately would require 116 parking stalls. Staff feels this modification is justified because many of the residents will be using all the different uses available on site (beauty shop, gift shop, board and care, skilled nursing facility) during their stay at the home. Thus, this internal community should not need the total number required for each separate use. A space is provided for each of the 53 employees. Three handicapped stalls are re- quired, although the facility may find they need to provide more. Si nage: The 20 square foot directory sign is exempt from zoning ordinance standards. The 32 square foot identification sign is allowed under Section 9-4.134 (b) . The remainder of the signing is exempt from zoning ordinance standards. Emergency Access: Finally, the second access off of Pinedorado is not adequate to provide sufficient access to the site. This access should be im- proved when the project reaches Phase 5 in 1988. An emergency access point to a development of this size should be at least all-weather surface) E. RECOMMENDATION: Staff recommends approval of Conditional Use Permit 29-84 based on the findings and conditions of approval contained in Exhibit A. Additionally, staff recommends that the Planning Commission cer- tify a Negative Declaration as a complete and accurate document consistent with the provisions of CEQA. ATTACHMENTS: Exhibit A` - Findings/Conditions of Approval Exhibit B - Location Map Exhibit C Site Plan Exhibit D - Phasing 1983 1989 Exhibit E Elevations Exhibit F Architect' s Rendition Exhibit G - Supplemental Development Statement 6 Conditional Use Permit 29-84 (Atascadero Christian Home) EXHIBIT A - Conditional Use Permit 29-84 Findings and Conditions of Approval February 4, 1985 FINDINGS: 1. The project will not have a significant adverse impact upon the environment, and preparation of an Environmental Impact Report is not necessary. 2. The project, 'along with the conditions of approval, conforms to all applicable zoning regulations and is consistent with the General Plan. 3. Streets in the vicinity of the Atascadero Christian Home are ade- quate to carry the kind and quantity of traffic generated by the proposed expansion. 4. The conditions imposed are necessary to assure that the project will be reasonably compatible with existing and future uses in the area and with the character of the neighborhood and its orderly growth. 5. The shared on-site parking adjustment will provide for adequate parking due to the fact that this isaninternal community with many necessary services for the elderly located on-site. 6. The sprinkler system will enable the Fire Department to conduct emergency services, even though the height of one of the buildings exceeds the maximum allowed. CONDITIONS OF APPROVAL: 1. Site development including buildings, driveways, parking, land- scaping and other features shall be consistent with plans submit- ted including any modifications required herein and all provisions of Title 9 of the Atascadero Municipal Code. 2. All conditions of approval herein shall be complied with for each phase -of construction prior to occupancy of new construction. 3. Building architecture shall be generally consistent with submitted elevations. a. Roof-mounted or outdoor-mounted equipment shall be screened as required by Section 9-4.128 of the Zoning Ordinance. 4. Landscape and irrigation plans in conformance with Section 9-4.124 - shall be approved by the Planning Department prior to issuance of building permits. Conditional Use Permit 29-84 (Atascadero Christian Home) 5. All new utilities and utility connections shall be placed under ground. 6. Submit two sets of grading, drainage, and erosion control plans for review and approval by the Planning and Public Works Depart- ments in accordance with Sections 9-4.138 and 9-4.148. 7. Santa Rosa Road shall be widened along the full property frontage at the same phase when the first cottages are being built in 1985. 8. Pinedorado shall be improved to an all-weather surface so it can provide adequate emergency access. 9. New sewer lateral shall have the capacity to handle the fully dev- eloped flows}. Submit calculations from an registered civil engin- eer to substantiate sizing. If an 8" lateral is necessary, a manhole will have to be installed at the sewer main. 10. Include storm water detention and drainage plan in project plan- ning. Submit calculations for entire project prior to approval of first building permit. 11. Street, drainage, grading, and sewer plans and calculations are to be subject to a checking and inspection agreement with the Engin- eering Department. 12. Fire alarms, fire extinguishers, smoke detectors and sprinkler systems are required by the Fire Department. 13. Two fire hydrants shall be required; type and location shall be determined by the Fire Department. 14. Development shall be subject to the approval of the State Fire Marshall prior to the issuance of a building permit. 15. A lot merger or appropriate access easement shall be confirmed by the Planning Department prior to the issuance of building permits. 16. Each phase shall include the adequate circulation pattern neces- sary for its use. 17 . A minimum of 99 parking stalls are required, three of which must be for the handicapped (Section 9-4.115) . 18. This conditional use permit approval shall expire one year from the date of final approval unless all conditions are satisfied and the project shows substantial progress, or unless an extension is granted pursuant to Section 9-2.118 of the Zoning Ordinance. 8 AT 78- 14 ♦:•, ` .. - -,.�. AT 78107. ,2.81 AT-7e-121 32-ae .. 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X` �; _ ♦ . 3 s '20 ��,�1 9oi�a 8 ay �__,��\ a'�°_„` � _a�� _ a' he"" ♦ .•� .'.j c-s ` � 21.. .. � e.,` .13 Q'a/i 8 'a S `�sl/ 6 -a � ��ca•r.� e� 41. 22 A 1-A )2:;r :, 26 ,p 21 ` 11 m 9 ! w.az 'v^"g•'f gtA 6�+x'?' •' aY r y.� �n =,Z �♦ 10 r+^•- - '+3.'w•m y .aero ^its^ /2123 k35 ��o/rr rrRe 2G o/rte., r qn�� 4 s� 3 S 24A „� o m' �' 1 _ x�� 8 .� ,•m•� •� 34 s lol:o s - °� `//J6O m 1 /�W `` o . d 99 •30--� • ;13• :�,` 10190 4 23A 7 2 >>g 00 1 .'♦ � '. n na. r la. �"l 32 ♦....."•u S c� v� m.ar t�5/ a/' Z..1 • n .r.ra ler 4 1 4 00, a m I ,♦` � tOZ •,'.. / ao T'a A 27 0 m �. ar.3Zo f 0yy/ 17 16 28 15 14 33 13 C o 12P n 33 29 3031 / C 29 ab br 12 46 34 35 35 37 4 ep _ 38 - n J9 .40 41 45 44 43a 7 , 42 Ci Ty ' L OLA 7"!C tv -p r 1 ti AT CITY OF A.SC-A-DDR,O f 'SYS �. �t 1•x r'J� '��r. 1 �✓ 1 JJ ll'-Planning Department t', 1 }' ( nyl�` +: w�a w /s.+<sl•1�►n.a �.t �h . a r nti );f Z WWII `I' St)a•/) ' a r r�..e.} :+'v [ `'�-,� —�.: t 1: t 1 + �. �,./i�� 1 r •.r r. '�'�'^Rjr21�.tW ra..•�-Yw..w....•.......:s.. N CA E- 2 i � c 3 •.,. '� � 'L L�'.i,•j 1.�. w \ L 9P'�^�"�'^•+°� C \ � �l.�v ' ail,� � .\ 0 IL NZ "Nil L x i� !j• 4 ? At s 0 / _ � �r x • 5 _ -- a r cc Z ¢ ra0, pi a ` n V � m L S r C Y.- n d I ! I ` O .LU �,i. rfk � "- Ii DECEMBER 7, 1984 1 (. ArddteCt11TC Graphics t + P• I I.I I 1 n ' iI I ` -,X 14141x 6 I I I DEVELOPMENT STATEMENT ' I" 8455 SANTA ROSA, ATASCADERO - THE ,I FOLLOWINGSUBMITTAL IS ONE_ZNWHICH THE PHASINGW ILL BE SUCH THAT IT WILL BE BLENDED WITH THE GROWTH OF THIS 4, ! COMMUNITY AND SERVE' THE COMMUNITY IN THE AREA OF .RESIDENTIAL CARE AS IT HAS IN THE PAST. THIS DEVELOPMENT REPRESENTS A PROJECTED MASTER PLAN TO BE IMPLEMENTED IN PHASES TO ADDRESS I THAT NEED. oi THE 'CONCEPT IS TO OFFER THREE LEVELS OF CARE FOR THE ELDERLY; j INDEPENDENT LIVING UNITS UNITS, BOARD AND CARE BEDROOM UNITS AND A SKILLED NURSING FACILITY. FOR THE PROPOSED DENSITY, REFER TO THE ATTACHED STATISTICS SHEET. l I .' ';' THERE ARE CURRENTLY 37 RESIDENTS ON THE 'SITE OF WHICH 30 ARE LIVING IN A "BOARD AND CARE ENVIRONMENT, REGULATED BY THE 1' {' "STATE OF ,CALIFORNIA; DEPARTMENT OF SOCIAL SERVICES. (REFER TO f :'ATTACHED STATIS'T'ICS SHEET FOR BREAKDOWN) 'ALSO ATTACHED .IS A PROJECTED TIME SCHEDULE WITH SOME "TARGET DATES OF ACCOMPLISHMENTS AS IT RELATES TO EACH PHASED TASK. ; ' . WE WOULD BE ANTICIPATING WORKING CLOSELY WITH THE CITY OF ' ATASCADERO PLANNING AND PUBLIC WORKS TO PROPERLY COORDINATE ANY REQUIRED IMPROVEMENTS AS WE DEVELOP THIS SITE TO ITS POTENTIAL, FROM THE VERY BEGINNING WITH THE "COTTAGE" CONCEPT TO THE DEVELOPMENT OF A SKILLED NURSING FACILITY. (A LIST HAS BEEN ATTACHED INDICATING THE CONCEPTDESCRIPTIONS OF PARTICULAR PHASES OF CARE TO BE PROVIDED) . . : • � i BOARD AND CARE: RESIDENTIAL FACILITY FOR THE ELDERLY WHICH PROVIDES 24 HOUR CARE, ASSISTANCE WITH ACTIVITIES OF DAILY LIVING, SUPERVISION OF PRESCRIBED MEDICATIONS, TRANS- PORTATION, 'PERSONAL LAUNDRY NEEDS -AND HOUSEKEEPING. COTTAGE RESIDENTS: :'TRANSITIONAL"' INDEPENDENT LIVING UNITS FOR THE ELDERLY. MINIMUM AGE WOULD BE 60 YEARS. WE PROVIDE A LIVING UNIT, MAIN'T'ENANCE AND HOUSEKEEPING, MEALS AND 24 HOUR SECURITY. SKILLED NURSING FACILITY: LONG.-TERM CARE BY LICENSED NURSES, 24-HOURS A DAY, IN WHICH WE PROVIDE ALL THE ABOVE PLUS THE NURSING FOR -ELDERLY NEEDING NURSING CARE AROUND THE CLOCK. PROPOSED PHA to SCHEDULE tiOJECTED DATE (IMPLEMENTATION OF PROPOSED MASTER PLAN) OF ACCOMPLISHMENT 1. BEAUTY SHOP/GIFT SHOP 1983 2. BOARD AND CARE ( 12 UNIT- 1984 ADDITION TO THE EXISTING FACILITY) 2A. KITCHEN/DINING ROOM REMODEL 1984 3 . COTTAGES (UPON APPROVAL OF C.U.P. ) 1985 4 . SITE IMPROVEMENTS (STREETS, CURBS, GUTTERS, UTILITIES, ETC. ) TO BE I " PHASED IN CONCERT WITH THE DEVEL- OPMENT AND CONSTRUCTION OF EACH OF THE INDIVIDUAL PHASED 'TASKS. ADMINISTRATION DMINISTRATION BUILDING WITH 1986 CONVERSION OF EXISTING RESIDENCE INTb TRIPLEX OR DAY CARE CENTER 6 . CONVERSION OF EXISTING KITCHEN AND DINING TO RESIDENTIAL UNITS 1988 7. BOARD AND CARE WITH NEW KITCHEN, 1988 LAUNDRY, AND DINING FACILITIES (INCLUDE PEDESTRIAN MALL) - 8. ; ADDITIONAL COTTAGES THESE SHALL BE DEVELOPME THROUGHOUT THE DE- VELOPMENT SCHEDULE RESPONDING TO THE NEED AS IT IS STRUCTURED IN THE OVERALL DEVELOPMENT (LOCATIONS SHALL BE RADIATING FROM TWO PROSPECTIVES: ( 1) KITCHE AND DINING FACILITIES AND (2 )EXTENSION OF ACCESS ROADS AND PED- ESTRIAN PATHS. 9. SKILLED NURSING FACILITY 1989 r4 SITE ADDRESS: 8455 SANTA ROSA ROAD SITE: 10.43 ACRES 454.331 S.F. USE ZONE: RSF-Y MAX. DENSITY ALLOWED: 375 PEOPLE MAX. DENSITY PROPOSED: 375 PEOPLE (TO INCLUDE STAFF) OCCUPANCY: EXISTING: BOARD & CARE RESIDENTS 30 BOARD & CARE STAFF 6 COTTAGE RESIDENTS 7 SKILLED NURSING FACILITY RESIDENTS 0 SKILLED NURSING FACILITY STAFF 0 TOTAL: 37 RES. 6 STAFF OCCUPANCY: PROPOSED: (MAXIMUM INCLUDING SKILLED NURSING FACILITY) BOARD & CARE RESIDENTS 203 BOARD & CARE STAFF 16 COTTAGE RESIDENTS 60 SKILLED NURSING FACILITY RESIDENTS 59 SKILLED NURSING FACILITY STAFF 37 TOTAL: 322 RES. 53 STAFF PARKING: A. EXISTING B. PROPOSED (MAXIMUM SITE UTILIZATION) *BOARD & CARE 1/8 BEDS TOTAL 26 SKILLED NURSING FACILITY - 1/4 BED 15 BORROW FROM ADJACENT (25) *CHAPEL - 1/4 SEATS ' (REFER TO NOTE) ADMINISTRATION - 1/300 S.F. 5 BORROW FROM ADJACENT (3) *GIFT SHOP - 1/300 S.F. (SUPPORT FUNCTION TO ABOVE) STAFF (i/EMPLOYEE - 1008) 53 ,DOTAL: 94 SPACES > 116 PROVIDED *ADJUSTMENT REQUIRED FROM CURRENT ZONING REQUIREMENTS. _PROJECT LIGHT I G •SYM. DESCRIPTION LOCATION HEIGHT OA STREET POST V - AT DRIVE AND 12 16 FT. PEDESTRIAN WALL OWALKWAY PEDESTAL AT COMMON SPACE t3 FT. PEDESTRIAN WALKWAYS 3 FT, THROUGHOUT PROJECT SIGNAGE 'AT SIGNAGE AS UP LIGHTING IND. GATED AT SCHEDULE OLANDSCAPE AT LANDSCAPE~AREAS 1-1� FT. NEAR BUILDINGS . WITH ACTIVITY AREAS 'PROJECT Si C NA01t V SYM. DESCRIPTION LOCATION SIZE LTG. FENTRANCE IDENTIFICATION REFER TO PLAN 32 S.F. FENTRANCE DIRECTORY REFER TO PLAN 20 S.F. QSTREET ,SIGNS SHALL BE LOCATED AT ALL STREET INTER- SECTIONS AND QBUILDING IDENTIFICATION AT ENTRY OR VISABLE . 4 S.F. EACH PERSPECTIVE FROM BUILDING STREETS AT EACH COMPLEX BUILDING aENFORCEMENT SIGNS SHALL BE POSTED AS REQUIRED (NO PARKING) F� HANDICAP SIGNS (AS REQUIRED) Minutes Planninoommission - February 4 , 1* 'tional Use Permit 9-84 subject to the findings conditi contained in the .staff report with addi tion of Find. 8 to read: 1'8. Parking within the t setback along El Cam i ino Real is accepts as osed in that slope condition sere .o screen park hicles, there is no reduc in the amount of overa andscaping be provided, and the design proposed is tse4tive and avoids a straight line definition of the la scaped area. " s 3. Conditional Use Permit 29-84: Request submitted by the Atascadero Christian Home to allow a phased development of the 10.34 acre parcel to expand the existing residential care facility for the elderly. The site is located at 8455 Santa Rosa Road, legal description being Lots 9 and 10 of Block 12 in Atascadero Colony. Negative Declaration to the provisions of CEQA is to be certified. Doug Davidson presented the staff report on this request explain- ing the reasons for the use permit request, and then proceeded to describe the phasing aspects of the project. He did point 'out staff's concerns with the amount of density proposed and briefly elaborated on Policy #15 in the General Plan enabling such uses in single family areas. Mr. Davidson further noted that with regard to the parking situation, a shared on-site parking adjustment i needed and pointed out that condition #8 had been modified in it wording of the condition. Chairman Summers reada e 104 of the General Plan p g pertaining to nursing homes. Commissioner Moore asked where the commercial aspect of this pro- ject comes in with regard to the beauty shop and gift shop. Mr. Davidson responded that staff felt there would not be any impact concerning these two uses because they are internal for the resi- dents' use. Mr. Moses pointed out that this aspect of the project had been previously approved by the County. Mike Arrambide, director for the Christian Home, spoke in support , of the project and thanked staff for their efforts with the staff report and noted that the Christian Home has been in existence for 27 years. He briefly commented on the the beauty shop and gift s shop and noted that these buildings had been approved by the City and were built two years ago. Mark Dodson noted he lives next door to the Christian Home and stated he has no problems with the residents of the Home, but noted that the proposed project does not provide any buffering between the Home and abutting neighbors. He expressed concerns with regard to the noise level, drainage problems, impacts o Santa Rosa Road and felt that provisions for these concerns shoul be provided for. 3 Minu!:es - Plannin4ommission - February 4, 1 Doris Vaden noted she lives adjacent to the• back lot of the Home and felt that the skilled nursing home is not compatible because of the height. She expressed concern with the drainage in that area- and stated it was her understanding that only cottages would be built on the property. John Dorman, Mt. View resident, noted his opposition to the pro- ject because of the density and felt that the increased traffic from this project would have a significant impact on the neighborhood Gary Harcourt, architect for the applicant, addressed some of the issues raised by the neighbors and noted that many types of draw- ings had been submitted that would take care of the buffering con- cerns. He also noted that vehicles that would be used by the res- idents would be consolidated in terms of two vans and explained the scheme of the cottages internally. He also noted that efforts were made to keep the project at a low profile. With regard to the lighting, Mr . Harcourt noted that most the lighting would be within the middle of the property. Commissioner Sherer asked Mr. Harcourt what the proposed square footage of the building that is proposed to be 36 square feet tall. Commissioner LaPrade inquired what type of material is proposed to be used with the six foot fence. Jack Porter, Mt. View resident, stated that the two-story nursing facility would face Mt. View and felt this project is too big for a residential area. He expressed concern that the project would have little impact for the residents on Santa Rosa Road but the residents on Mt. View would be greatly affected. Olive Dorman, Mt. View resident, noted that a project of this size is too big for a residential area. Mike Arrambide addressed the concerns raised by the public and noted that he understood the concerns with regard to the residen- tial character of the neighborhood. He has directed Keeler Foods to deliver with smaller trucks. Commissioner Moore expressed concern with the ten year phasing aspect and felt this application should not be addressed as a multiple family zone and noted she was not sure that a project of this size should be located in a residential area. She further stated that the matter should be continued in an effort to have the Christian Home meet with the neighbors to try and resolve some their concerns. Commissioner Wentzel addressed some of the concerns with regard to density, parking, height which exceeds the zoning ordinance stand- ards and concurred that the matter should be continued. . Commissioner Lilley felt the project is too ambitious for this area and noted his desire to familiarize himself with the history of the project. 4 Minutes - Planninc*ommission - February 4, 1 Commissioner Carroll commended Mr. Arrambide on a fine job in directing the Home and noted his understanding with the concern of the neighbors. Commissioner LaPrade concurred with the comments made by the rest of the Commissioners and felt that this is an excellent facility. Commissioner Sherer also concurred with the rest of the Commis- sion and stated that the project is very worthwhile. Chairman Summers also concurred with the Commissioners' comments and felt the matter should be continued. She also noted that this project meets a lot of needs of the community and the cottages fill a void with regard to granny housing. MOTION: Made by Commissioner Sherer, seconded by Commissioner Wentzel and carried unanimously to continue the hearing on Conditional Use Permit 29-84 to the meeting of February 19, 1985. Zone Change 1-85: Request initiated by Planning Commission to revise the Zon' g rdinance text modifying the rear setback requirement in om m cial and industrial zones which are adjacent to r iden- tia zones, to allow waiving the ten foot setback f build- ings, r portions of buildings, twelve feet in eight or less. N ative Declaration to the provisions of QA is to b certified. The Planning Direct explained the reasons an ackground for the initiation of the ame ment and read the pr osed language that would clarify the inten with interpretati of the section. Commissioner Sherer thanked taff for a timeliness involved in preparing the report for heard Ed Chidlaw spoke at length on t oposed amendment and felt the amendment would not be adequa and ggested some modification to the language of the text to include "a portion of the building within 10-feet of the p perty line" . r. Chidlaw felt that any burden of a commercial velopment should placed on the com- mercial aspect and of on the residentia wner. He cited and elaborated on sever examples of why there sho d be a rear set- back between comm cial and residential zones. Mr. Chidlaw oted that he has checked with several citi in the County d stated that these cities all have requiremen for a rear s ack. He commented on alleyways being a useful p pose as separation between the commercial and residential uses nd fe the alleyways acted as a buffer between the two differe nes. 5 Minutes - Planning COmission - February 19 190 roject would provide an adequate amount of open space. • Mr Richichi talked about the fact that there is not enough land for the children in which to play. Mr. Yeomans noted t t the yards re 20 feet in depth. Mr. Nile noted there are no dimensions on the proposed site plan. Mr. Yeoman pointed out that general plan and zone c site/ appli- cations do of require detailed dimensions. He the responded to `various questions from the public. Commissioner Moo a expressed concern that this p oject may be con- sidered spot zoni with regard to a multi-fami y use in the mid- dle of a residentia neighborhood. She furth stated that in the past, the Commission ad looked at general p an and zone change amendments as a neigh' rhood type study. Chairman Summers felt tha there is lan that currently exists that would accommodate thi type of us and noted her concern that she didn' t think the city -ca provide the necessary services that would provide for the increas in de sity in the area. Commissioner Sherer felt that se is systems would take up more land space and talked about RMF and RMF/16 land that is within the sewer district and the exp se at would result in this type of housing that would not mak it of rdable. He further spoke on planned developments assuri the open space, landscaping, fencing and drainage solutions rel ted to the p ject. He felt the re- vised site plan was a co romise. Commissioner Lilley ex ressed concern that t e project is a radi- cal departure from tzoning ordinance and g eral plan but felt that these docume s, by nature, are subject to change.' He en- dorsed the advant es of planned unit developmen Commissioners W ntzel, LaPrade and Carroll concurre with the sup porting remar' made by the other commissioners and It the pro- ject is a go one. MOTION: de by Commissioner Lilley, seconded by Commi sioner aPrade, to approve General Plan Amendment GP 1 85 and Zone Change 7-84 subject to the recommendation con ained in the February 19, 1985 staff report. The motion `car- ried with Commissioner Moore and Chairman Summers dissenting . /hairman Summers called a recess from 9 :10 to 9 :20 p.m. 4. Conditional Use Permit 29-84: Continued hearing on request submitted by the Atascadero Christian Home to allow a phased development of the 10.34 • acre parcel to expand the existing residential care facility for the elderly, Subject property is located at 8455 Santa Rosa Road, also known as Lots 9 and 10 of Block 12. Negative 5 0 Minutes - Planning Comission - February 19, 19 Declaration to the provisions CEQA to be certified. Mr. Davidson summarized the background on this matter from the previous meeting which included the addressing of such concerns as density, drainage, traffic and height of buildings. He noted that mitigation of the concerns have been taken care of through the conditions of approval. Mike Arrambide, representing the Atascadero Christian Home, ex- pressed his concern with procedural matters which occurred after the Planning Commission hearing was closed at the previous meet- ing and spoke to Commissioners Moore's and Lilley' s comments made at that meeting. He explained that meetings were scheduled in an effort to resolve the neighborhood concerns with the project but that these meetings were poorly attended. Commissioner Lilley commented that there had been support for the Home from the Atascadero Advisory Committee years ago. Mr. Arrambide further commented that the project's goal is to have an internal community and explained that skilled nursing is less of a traffic generator than a board and care facility, and spoke about the benefits of a skilled nursing facility. Commissioner Carroll felt that if the skilled nursing facility was scaled down to a one story building, that the use would be a good one there. Gary Harcourt, architect representing the Christian Home, pro- ceeded to address the issues of density, traffic, drainage, and , proposed height of the buildings. Charles Butler, Portola resident, stated he was never contacted by the Christian Home but was instead notified by neigbors of the meeting. A resident at 8845 Santa Rosa, Road, stated the meetings were held at the Christian Home's convenience and not the neighbors, and felt the scale of the project is too large for the area. She fur- ther spoke on how dangerous it is for the children traveling back and forth to Santa Rosa School. The President of the Santa Rosa School P.T.A. expressed concern with children going to school with respect to the traffic, and felt the lack of sidewalks may not be appropriate. John Dorman, 9275 Mt. View, spoke on behalf of a group of neigh- bors and proceeded to read a petition that had been circulated among the neighbors which strongly urged the Commission to deny the project. He spoke on some of the factors that should be con- sidered which include. demand for an E.I.R. , reasonable traffic flow, appropriate lighting, visual impact on neighboring proper- ties, and the fact that the project is not in conformance with the General Plan. 6 G Minutes — Planning Omission - February 19, 190 Doris Bateman, Mt. View resident, stated she had attended all of the hearings on the general plan prior -to the City' s incorporation and urged that the philosophies of the general plan be upheld and to deny the proposed project. Steve Worford, 8410 Portola, spoke in opposition to the project and noted concern over the existing drainage. He stated that a project of this magnitude should be denied for this area. Ken Fenton, 9425 Mt. View, concurred with Mr . Worford' s testimony and spoke about other facilities in the Santa Rosa Road area such as the elementary school, a pre-school, etc. He felt the project is inconsistent with the neighborhood character. Mr. Arrambide made several closing remarks in response to the testimony given and attempted to re-assure that the concerns - raised would be appropriately taken care of, and noted that drain- age would be re-directed from Mt. View to Santa Rosa. He reminded the Commission that the Christian Home has been a part of that neighborhood for a long time. Commissioner Moore felt that the neighbors do have a right to ask for an E.I.R. and asked staff if this is appropriate. Mr. Engen responded that the Commission could direct thatanE.I.R. be pre- pared. She further felt that there are still a lot of unanswered questions concerning the project. It appeared too ambitious and would be better to proceed one step at a time. Commissioner Lilley stated he shares Commissioner Moore' s com- ments and spoke on his concerns as they relate to the impact on the neighborhood. Commissioner Wentzel stated that the project is a little too ambi- tious and felt that because of an increased density of 279 people, there definitely would be an impact on the neighborhood. Commissioner Sherer inquired about the possiblity of an expanded initial study and felt that the project should be scaled down. Commissioner LaPrade stated the Christian Home has been a good facility for the community and spoke on the intensity and expan- sion of the skilled nursing facility, and stated he was not en- tirely convinced that the project is justified for this area. Chairman Summers concurred with statements made by the Commis- sioners and felt the intensity of the project is too much for the area. It was Chairman Summer 's opinion that the skilled nursing facility should be located elsewhere and felt that sidewalks along Santa Rosa Road is a good idea. Commissioner Moore asked Mr. Arrambide about the feasibility of( proceeding with the phases one at a time. Further discussion ensued on this. MOTION: Made by Commissioner Lilley, seconded by Commissioner 7 0 Minutes - Planning mission - February 19, 19 Wentzel, and carried unanimously to continue considera- tion of Conditional Use Permit 29-84 to the meeting of March 4, 1985 to consider the possibility of a revised site plan. Conditional Use Permit 1-85: Request submitted by Timothy' s Restaurant (J. Michael Br dy, architect) to allow a reduction in the on-site parki re- quirement of 28 spaces using the modification allowed under ection 9-4.115 (i) of the Zoning Ordinance. Subject roperty i located at 7327 El Camino Real, also known as a rtion of Lot 29 of Block JA. Negative Declaration to the provisions of C OA to be certified. Mr,. DavidsonX in presenting the staff report, point d out; the pri- mary issued itvolved with the request involves a 2 s reduction in on-site parkin and noted staff's recommends on for denial. Granting of the equest would require a 30% r duction from ' re- quired parking. Michael Brady, architect representing the a licant, passed out a graph for the Commis�s:ion's review which r fleeted a survey of ac- tual parking use by the,. time of day at t Adobe Plaza and pro- ceeded to cite several, statistics i favor of allowing the re- quested reduction in parking. Mr. Br y further addressed staff' s evaluation of the prior tenant and s ke on the different uses of the center. Bob L ' . . yon, owner of Timothy s Bes urant, pointed out several rea- sons for wanting to relocate into the Adobe Plaza and felt that the restaurant would provide economical advantage to the Plaza. Michael Le5age, attorney fo the app icant, spoke on the history of the project and note that the C my had previously approved the use in 1978. Commissioner Moore st ed she had seen evince of unused spaces at the center, but pressed concern ove r he parking if the pro- posed farmer 's mark t takes place in the Pla Commissioner She r felt the center may suffer ith respect to the parking situati n if the request is granted, but hat Mr. Worthan is in charge o his own destiny. MOTION: Ma a by Commissioner Moore, seconded by mmissioner S erer and carried unanimously to approve Con itional Use ermit 1-85 with staff to bring back at the ne t meeting a resolution reflecting findings and conditions or ap- proval. The motion was carried unanimously. 6. Zone Change 2-85: Request initiated by the Planning Commission to revise Zon g Ordinance Sections 9-4.143 (b) and 9-4.141 (a) to allow gradi 8 Minutes Planning Conission - March 4 , 1985 my Engen presented the staff reportaindicating -that this was a r co ideration of an action approving two=-way lot division at the b- ruar 4th meeting. The applicant has examined the calculations or neighbo hood character and staff concurs with his conclusion at a smaller m' imum lot size requirement results. Hence, staff ecommends approving t e Tentative Parcel Map subject to findings and onditions to provide fo a three-way lot split. MOTION: Made by missioner LaPrade, seconded by C missioner Wentzel and carrie unanimously to approve Tentate Parcel Map_,2878.4 sub- ject to the ridings and conditions cont fined in the staff report, includi the granting of a 200 inimum lot size reduc- tion to enable c ation of three lot with the smallest lot being 3. 08 acres. 2. Tentative Parcel Map 3- Request submitted by Marti C pbell (Dennis Bethel-engineer) to allow the division of two egal lots, 9.36 acres in sum, into four lots of 1.00, 1. 92, 2 0 d 4. 24 acres each. Subject property is located at 8 0 West ront Road, also known as Lots and 9 of Block 10. gative Dec ration to the provisions of CEQA to be certified Doug Davidson presented e staff report indicatin that the applicant and staff had reached cord to revise Condition No. to read as fol- lows: "1. Parcel M shall be modified to either com ' ne `Parcels B and C or p vide appropriate access easements fr West Front to Parc B. " It was open t the floor and applicant' s representative was not resent and there w s no one else to speak on the matter. MOTION: Made by Commissioner Lilley, seconded by Commissioner LaPra and carried unanimously to approve Tentative Parcel Map 3-85 subject to the findings and conditions contained in the amended staff report. 3. Conditional Use Permit 29-84 Continued hearing on request submitted by Atascadero Christian Home to allow a phased development of the 10.34 acre parcel to expand the existing residential care facility for the elderly. Subject property is located at 8455 Santa Rosa Road, also known as Lots 9 and 10 of Block 12. Negative Declaration to the pro- visions of CEOA is to be certified. Doug Davidson presented the staff report. He noted that the revised site plan had been received after the agenda packet had been completed, thereby precluding inclusion of analysis and recommendation report with the agenda packet. Revised site plan eliminates the earlier proposed skilled nursing facility and board and care facility and substitutes five (5) cottages near the rear of the site. These cottages, along with the chapel and small administration building comprise the current re- quest. This revised plan proposes approximately 103 people (addition of 60) in contrast to the 375 person density originally proposed. 2 Minutes PlanningCommission - March 4 1985 , Staff recommendation is for approval of the 'revised site plan subject 0 to the findings and conditions of aoproval . in the staff report. Under discussion, staff clarified questions relative to ` existing and pro- posed structures on the site plan, and advised that the project is being sought as a single use permit as opposed to a nine phase conditional use permit. Mike Arrambide, Director for the Christian Home, noted that this project reflects a good, clean, quiet local industry. The density has been dropped substantially in response to neighborhood concerns Their only disagree- ment with conditions of approval is No. 8 , calling for the improvement to all-weather surface of Pinedorado from Atascadero Avenue to Mountain View. Charles Butler, 8400 Portola , commented about the lateness of receiving the revised plan and said that the cottages were, in fact, apartment buildings. Doris Faeth, 9355 Mountain View, questioned the calculations on density, and thought the cottages -looked like duplexes and triplexes. Jean Wiley, 8445 Santa Rosa, worried about increase in traffic and drain- age problems and indicated that she had heard a rumor that it was also going to become a boys' school John Dorman, 9275 Mountain View, felt there was no dramatic change in developer' s proposal. The area, indicated as vacant, will come in late as a project. The cottages are triplexes and the site plans don't show square footage figures. In essence, Pyr. Dorman felt that objections to J the project noted in the past are applicable to this project, and that the density is unsatisfactory. Gary Harcourt, stated there were big differences in the project. It is lower density and a lower keyed project with single story residential on the perimeter of the site adjoining the homes. The buildings will be single family in style and traffic generation will be one third that of normal,i.e. , .3.3trips per unit. The individual units are approximately 650 to 850 square feet in area. Commissioner Lilley questioned why the units were on the fringe and open spaces being in the middle. The response being the site planners sought to have parking away from the neighbors. Olive Dorman, 9275 Mountain View, questioned if there would be assurances that the open area never be developed and response of the applicant was that the space was not included in the application; they would like to develop it later. Jack Porter, 9325 Mountain View, asked if the triplex cottages were approxi- mately 2600 sq. feet in area, and response by Arrambide was in the affirm- ative, indicating that the intent was to have those units the same size as the abutting single family houses. He further stated that to divide 3 Minutes - Planning Commission - March 4, 1985 them into three separate cottages would be a mistake and incompatible with the neighborhood scale. He noted that drainage would be addressed in the detailed plans for construction and there are no plans to have this facility utilized as boys'home. Approval of this use permit would be for a senior citizens' project only. John Dorman quoted the Zoning Ordinance, with respect to the definition of board and care facility, which is much broader than an elderly housing project. Commissioner Lilley shared the concerns of the neighbors and others that the application was received at a late date. Commissioner Sherer agreed, but stated that the site plan was clearly an improvement over the project reviewed at the last meeting. Commissioner Moore stated that she did not believe in having too many continuationson a project; felt that this was ; a good compromise for a local institution that had done good work. MOTION: Made by Commissioner Lilley, seconded by Commissioner Wentzel to approve the Conditional Use Permit 2.9-84 subject to the findings and conditions in the staff report except for the deletion of condition #8 on Pinedorado. f Question raised with staff as to importance of the secondary access from Pinedorado and response being that the fire department definitely wanted that access and the site plan extends development throught the full site to Pinedorado. Gary Harcourt stated that he felt this was an undue hardship considering the reduction in density. After discussion, the motion was amended to include condition #8 by maker and second of the motion. MOTION: Made by Commissioner Lilley, seconded by Commissioner Wentzeland carried unanimously to approved Conditional Use Permit 29-84 , as amended, subject to the findings and conditions in the staff report. C man Summers declared a break at 3 :30 p.m. The meeting onvened at 8 :40 p.m. C. UNFINISHED BUSINE 1. Consideration of Resolu No. 5 incorporating the necessary findings to allow a reducti on-site parking requirements of 28 spaces using the ificatio llowed under 9-4.115 (i) of the Zoning Ordi ce. This approva a prerequisite for the relocation Timothy' s Restaurant to th dobe Plaza. Henry Engen pr nted the staff report noting that this had be ranted in concept the February 19th, 1985, meeting and staff has prepar forma esolution incorporating the findings unique to the approval, i.e. , t parking utilization study and characteristics of Adobe Plaza. 4 COUNCIL MEETING 5/28/8' AGENDA ITEM NO, ; B 2 M E M O R A N D U M • TO: City Council May 28, 1985 VIA: Michael Shelton, City Manager FROM: Henry Engen, Planning Director - RE: City/School Development Fee Proposal to Alleviate School Overcrowding: Proposed Resolution No. 38-85. RECOMMENDATION: Following public hearing and discussion, adoption of the attached Resolution No. 38-85. CONTINUANCE ALTERNATIVE: Should matters be raised requiring additional study, consideration of this matter could be continued to the City Council' s June 10th meeting. • AFFECT OF PROPOSED RESOLUTION: Council approval of the accompanying resolution would (1) concur in the school district' s finding that schools are overcrowded due to cur- rent levels of residential development activity, (2) that all alterna- tives to mitigate these impacts have been considered, and (3) that the only feasible alternative is payment of development impact fees to the school district. The City would not issue residential building per- mits unless applicants submitted evidence of having entered into vol- untary agreements for payment to the school district. For residential entitlements other than building permits, applicants would have to enter into an agreement to contribute in the future pursuant to either the current maximum schedule or that of a Section 201 ordinance ap- proved in accordance with Government Code Section 65970. The resolu- tion would take effect immediately. BACKGROUND: At the Council meeting of April 22, 1985, the report of the City/ School District Committee was presented (see attached) . At the School Board meeting of May 6, 1985, their accompanying Resolu- tion No. 12 was approved outlining the proposed agreements that would be entered into between residential development applicants within the City and school district prior to processing of permits. On May 13th, ar - p e public hearing presentation by school district personnel on the • proposed resolution was made and May 28th was set as the date of public hearing to consider proposed Resolution No. 38-85 . ! 0 City/School Development Fee Proposal Fiscal Impact: None; school district staff would process prior to City review, HE:ps ENCLOSURES: Proposed Resolution No. 38-85 and Exhibits City/School District Committee Report - April 22, 1985 cc: Dr. Anthony Avina 2 • RESOLUTION NO. 38-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CONCURRING IN FINDINGS OF OVERCROWDING, MADE BY THE BOARD OF TRUSTEES OF THE ATASCADERO UNIFIED SCHOOL DISTRICT WHEREAS, the Legislature of the State of California has enacted Government Code Sections 65970 and following in order to provide a means to alleviate overcrowding in public schools caused by new resi- dential development; and WHEREAS, that statute provides that whenever a school district finds schools will be overcrowded as the result of proposed residen- tial development, and the City concurs, no further residential devel- opment may be approved until an ordinance is- adopted and implemented, providing for the payment of fees or dedication of land by residential developers to the school district; and WHEREAS, the Board of Trustees of the Atascadero Unified School District (hereinafter the "Board") has made and presented to the City Council of the City of Atascadero a Resolution attached hereto and incorporated as Exhibit "A" containing findings, supported by clear and convincing evidence, that. (a) conditions of overcrowding exist in the attendance area of the District within the City of Atascadero which will impair the normal functioning of educational programs in- cluding the reasons for such conditions existing; and (b) that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist; and WHEREAS, officials of the Atascadero Unified School District have expressed their willingness to enter into voluntary agreements with persons seeking approval by the Council of residential development within the City, which agreements will provide for the payment of money to alleviate overcrowding in the Atascadero Unified School Dis- trict which would be caused by such development in amounts not to ex- ceed those specified in Exhibit "A" and to immediately inform this Council when the findings above cease to be valid; and WHEREAS, the City Council of the City of Atascadero held a public hearing on on the finding of overcrowding of the Board; and WHEREAS, at the conclusion of such hearing, the City Council of the City of Atascadero has determined that it concurs in the finding of overcrowding made by the Board. Resolution No. 38-85 NOW, THEREFORE, the Council of the City of Atascadero does find and resolve as follows: Section 1. 1. The above recitals and findings, incorporated, herein, are true and correct. 2. This Council hereby concurs in the findings of the Board that (a) conditions of overcrowding exist in the attendance area of the District within the City of Atascadero which will im- pair the normal functioning of educational programs including ,, the reasons for such conditions existing; and . (b) that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist. 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: CITY OF ATASCADERO, CALIFORNIA ROLFE NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO FORM: City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager 2 . . N EXHIBIT A RESOLUTION NO. 1210 (To City Resolution 38-8 1 ATASCADERO UNIFIED SCHOOL DISTRICT BOARD OF � + EDUCATION RESOLUTION REGARDING. CONDITIONS OF 2 OVERCROWDING LOCATED IN SCHOOL ATTENDANCE AREAS WITHIN THE CITY OF ATASCADERO 3 4 R E C I T A L S: Sj WHEREAS, this Board on December 17, 1984 adopted a Reso- 6llution making those findings required by Government Code Section 7 65971 requesting that the Board of Supervisors of the County of 8 San Luis Obispo and the City Council of the City of Atascadero 9 impose fees as specified in that Resolution as a condition of 10approvalof residential development within the District; and 111 WHEREAS, this Board has been informed that the City 12 : Council of the City of Atascadero will hold a public hearing on 13 { May 26 , 1985 on the findings of overcrowding made by this Board in 14ithat Resolution after which the City Council will be asiked to take . 15actionconcurring in those findings; and 0 16 _ WHEREAS, the Superintendent of this District as well as 17 representatives of this Board have met with officials and members 18 of the City Council of the City of Atascadero, at which meetings 19 the Superintendent and Board representatives have indicated their 201willingness to enter into voluntary agreements with persons seek 21 ing approval by the City Council of the City of Atascadero of 221residential development within the City, which agreements will 231provide for the payment of money to alleviate overcrowding in this 24 district which would be caused by such development in amounts not 25 ) to exceed those specified in this Board's Resolution of 261 December 17, 1984 and to immediately inform the City Council of 27I the City of Atascadero when the findings contained in that Resolu- - SLH: r28 tion cease to be valid and L/3004-55 -1- 1 WHEREAS, the Superintendent of this District has recom 2 mended that this Board affirm that it is willing (pending adoptie w 3 by the City Council of the Cit of Atascadero of an ordinance ur- i Y P 4 suant to Government Code Section 65970 , et seq. and application of 5 that ordinance to this District) to enter into voluntary agree- 6 ments gree6 + ments with persons seeking approval of residential development 7 within the City of Atascadero, and that it will immediately inform 8 the City Council of the City of Atascadero when any of the find- 9 Ings contained in this Board' s December 17,_ 1984 Resolution cease '0 to be valid. 11 NOW, THEREFORE, BE IT RESOLVED by the Board of Education 12 of the Atascadero Unified School District as follows: 13 1. The aboverecitals e are true and correct. 14 2. Pending adoption by the City Council of the 15City of Atascadero of an ordinance pursuant to Government ' 16 Code Section 65970, et seq. and application of such ordinance 17 to the Atascadero Unified School District, this Boardagrees 18 to enter into agreements substantially in the form of Exhibit lg I "A' attached hereto with persons seeking approval by the City 20 Council of residential development, which agreements will 21 permit such persons to pay ( in the case of applications for 22 building permits ) or promise to pay ( in the case of requests 23 for rezoning property for residential use or approval of ten- 24 tative subdivision maps for residential purposes ) those 25 amounts specified in Exhibit "A" in consideration of the Dis- 26 trict' s representation to the City Council that the over 27 ) crowding expected to be attributable to said residential • 28 development is or will be mitigated by such payments. -2- ' i 1 3 . This Board also agrees to immediately inform 2 the City Council of the City of Atascadero when it becomes 3 aware that the findings made in the December 17, 1984 Resoo 4 tion cease to be valid. The Board hereby directs 'the Super- 5 intendent to report to this Board and the City Council of the 6 City of Atascadero quarterly as to the amounts of money 7 received under these agreements , the amount and object of i 8 expendituxes. made with the money so received and whether the 9 findings in that Resolution continue to be valid. i0 4. This Board resolves that a School Overcrowding 11 Fund shall be established into which any payments received 12i pursuant to these agreements (or pursuant to any school 13 ) facilities ordinance ultimately adopted by the City Council_ 14 � of the City of Atascadero) shall be deposited and hereby 15 ` authorizes the County Auditor and the County Treasurer to 16 establish said Fund for the District. 17 PASSED AND ADOPTED BY THE Board of Education of the 18 Atascadero Unified School District at its regular meeting of 19 May 6 , 1985 by the following vote: 20 AYES: Baer, Beck , Boche , Brown , King, Merrick, Thiebaud . 21 NOES: None . 22 ABSENT: done . 23 ABSTENTIONS: / 24 DATED: May 7 , 1985 _• 25 / 26 AUXHONY- AVINA, Srintendent 27 Secretary to th oard of Trustees 28 -3- 1 Thereby certify that the foregoing is a full, true and 2 correct excerpt from the Journal of the Board of Trustees pertai - 3 ing to the adoption of the foregoing Resolution at a meeting held i 4 on May 6 , 1985 5 6 N #TONY AVINA, ' pe`�Cn, endent 7 ecietary to Board of Trustees 8 9 10 1111 12 � 13 14 15 . 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- is EXHIBIT "A" (To School Resolution No.12 1 AGREEMENT (52" 2 THIS AGREEMENT, made and entered into this 3 day of , 19 , by and between the AT ASC 4 DERO UNIFIED SCHOOL DISTRICT ( "District" ) and 5 ( "Developer" ) . 6 W I T N E S S E T H 7 WHEREAS, the Developer is an applicant for approval of 8 residential development within the meaning of Government Code Sec - 9 tion 65972 relating to certain property known as 10 11 ( 121 ( "Property" ) , whic ih is located within the .boundaries of the Dis- i 13 ' trict and the City of Atascadero; and 14 'WHEREAS, the District has found that proposed residen z 15 tial use of the Property would either cause conditions of over 0 16 crowding to exist or aggravate existing conditions of ..overcrowding 17 in its school or schools serving the Property; and 18I WHEREAS, the District has further found no feasible 191method for reducing such conditions of overcrowding which now 20II exists; and I • 211 WHEREAS, the City Council of the City of Atascadero, on 22 ' adopted a resolution concurring in these find 23- ings; and 24 WHEREAS , the Developer contemplates that, unless the 25 District represents to the City Council of the City of Atascadero 26 that a feasible method for reducing such condition of overcrowding 27 exists , the Developer ' s application may be denied pursuant to SLH: r28 Government Code Section 65972 or the Developer may be required LJ3004-85 -i- J,� i.. a 1make dedications and/or payments pursuant to an ordinance enacted 2pursuant to Government Code Section 65974; and 3 WHEREAS, a feasible method for reducingsuch conditions i 4 f overcrowding would exist if the Developer were to voluntarily 5 contract to pay to the District certain sums to be used for capi- 6 tal expenditures, including, but not limited to, those for addi- 7 tional classroom facilities in accordance with the following 8 schedule 9 0-1 Bedroom Dwelling Unit , 849 sq. ft . or less $300.00 i0 0-1 Bedroom Dwelling Unit , 850 sq. ft . or greater $500.00 11 2 Bedroom Dwelling Unit , 1349 sq. ft . or less $500 .00 12 2 Bedroom Dwelling Unit , 1350 sq. ft . or greater $700.00 13 3 Bedroom Dwelling Unit , 1949 sq. ft . or less $700.00 14 3 Bedroom Dwelling Unit , 1950 sqft . or greater $900.00 15 4 or more Bedroom Dwelling Unit , regardless of sq. ftg. $900 .00 C. 16 1. EITHERcheck and initial tial applicable blocks) 17 a. Developer is applying for an entitlement for residential development (including, but not limited to, precise plan , 18 conditional use permit , or subdivision approval) and agrees to pay to District voluntary fees in the. total amount of 19 $ (computed per the schedule above, to be used for capital expenditures) , unless the City of Atascadero has 20 adopted an ordinance pursuant to Government Code Section 65970 and following prior to issuance of a building permit or 21 permits, in which case the Developer shall pay such amount as is computed per the then applicable schedule adopted by 22 the City Council of the City of Atascadero pursuant to that ordinance and to have payment of those fees established by 23 the City of Atascadero as a condition of entitlement for residential development . 24 OR 25 b. Developer is an applicant for a building permit or permits 26 and hereby tenders to the District voluntary fees in the total amount of ,$ (computed per the schedule above , 27 to be used for capital expenditures) as a condition of issu- ance of that permit or --- 28 p_ permits-. ..-.._ -2 c t ;: 1 2 . EITHER (check and initial applicable blocks) 2 a. District in consideration of Developer' s promises in�-� para- graph a h 1 g p above agrees to make the representation specified iio 3 paragraph 7 below. 4 OR 5 b. District agrees to expend the voluntary fees, whose receipt is hereby acknowledged, for capital outlay purposes and to 6 make the representation specified in paragraph 7 below. 7 3. School Overcrowding Fund. i 8 Moneys received by the District pursuant to this Agree- 9 Ment shall be deposited in a School Overcrowding Fund and shall be 10 used by the District solely for capital expenditures for the pur 11 pose of mitigating the effects of overcrowding caused by residen- _12ltial development. 13 ) 4. Sale by Developer of Property Without Improvements 14 Prior to Payment of Fees. } 15� Nothing herein shall be construed to prohibit- u p it the Deve' 16 oper from selling the Property or any portion thereof either with 17 or without a residence thereon. If the Developer's application 18 for an entitlement for residential development is granted and the 19 Property or any portion thereof is thereafter sold by the Developer 20 prior to payment of the fees specified above, the Developer covenants 21 that each buyer shall take title with notice of this Agreement and 22 will be required by the contract of sale entered into with the Devel- 23 oiler to assume the obligations of the Developer hereunder to make _ 24 payments specified above. Notwithstanding any such sale and 25 assumption of obligations by the Buyer, the Developer shall remain 26 liable for the payments to be made pursuant to this Agreement and, 27 in the event of any default on any of such payments by any such 28 buyer, the Developer shall , within ten (10) days following receiple -3- 1 Df demand therefor, remit to the District the amount of such 2 installments in default. The District shall not be required - as 3 condition precedent to the making of such demand upon the Devel- 4 oper, to take any affirmative action to collect such delinquent 5 payments from such buyers. 6 5. Attornev' s Fees. 7 In the event suit is brought by the District to enforce 8 the payment of any amount which has become due under this Agree- 9 ment, a reasonable attorneys ' fee to be fixed by the court shall 10 be paid to the prevailing party by the other party. 11 6 . Developer' s waiver of Claims . 12 Developer agrees not to seek, and waives any claim or I 13 rightto recover, the fees paid under this Agreement except to the P 14 (extent that they are not used by District for the purposes s_aeci- ified15 in Paragraph 3, above. 16 7 . District's Reoresentations to thei. C tv of 17 Atascadero. 18 IThe District shall represent to the Cit Council� y 1 of the 19 City of Atascadero, in such manner and at such time during the 20 term of -this _Agreement as the Developer may reasonably require, 21 that by reason of this Agreement a feasible method exists for 22 reducing the conditions of overcrowding of schools which would 23 otherwise be caused or aggravated by the construction of resi- 24 dences on the Property which construction is authorized by build- 25 ing permits issued before or during the term of this Agreement. 26 The District shall be under no obligation to make any such repre- 27 sentations respecting construction authorized by building permits 28 issued after the expiration of the term of this Agreement. s -4- • • 1 8. Term of Agreement . 2 The term of this agreement shall commence on the day a' 3 year first above written and shall terminate upon expiration of the i 4 entitlement, 5 IN WITNESS WHEREOF', the parties hereto have executed 6 this Agreement as of the da and y year first above written . ATASCADERO UNIFIED SCHOOL DISTRICT 8 9 By iQ 11 DEVELOPER(S) 12 13 14 15 16 STATE OF CALIFORNIA ) 17 COUNTY OF SAN LUIS OBISPO} ss , 18 On this day of in the 19 year before me, the undersigned, a Notary Public, per- 20 sonally appeared 21 personally known to me (or proved to me on the basis satisfactory 22 evidence) to be the person(s) whose name is/are subscribed to this 23 instrument , and acknowledge that he/she (they) executed it . 24 25 26 27 28 -5- Xyl 6t M E M O R A N D U M TO: City Council April 22, 1985 VIA: Michael Shelton, City Manager FROM: Henry Engen, Planning Director RE: City/School District Committee Report BACKGROUND: Upon receipt of the accompanying December 18, 1984 communication from the Atascadero Unified School District, the City Council appointed representatives from the City Council and staff to meet with represen- tatives of the School District and their staff to review the Dis- trict' s request to levy residential development fees for interim school facilities. The purpose of this memorandum is to provide a status report on the committee 's deliberations and its conclusions. COMMITTEE MEMBERSHIP: City of Atascadero: Councilman George Molina, Councilman Wayne "Bear" Handshy, City Manager , and Planning Director Atascadero Unified School District: Board Member Ellen Baer, Board Member Carl Brown, District Superintendent Anthony Avina and Business Manager, Ernest Taylor MEETING HISTORY: The Committee met a total of six times beginning on January 21st with the last meeting held on April 12th. The discussion process involved ,r examining the data contained in the School District' s transmittal of December 18th, reviewing alternatives to development fees that the District had pursued, considering the City' s needs with respect to raising revenues for other public facility needs, studying past and current growth trends in the City and School District at large, re- viewing legal pre-requisites before the City could consider adopting a specific ordinance for raising fees pursuant to Government Code sec- tion 65970, and obtaining legal advice from Steve Hartsell, represent- ing Schools Legal Services and Allen Grimes, City Attorney. STATUTORY AUTHORITY: Government Code section 65970 enables school districts, upon a finding of overcrowding , to pass a resolution stating that they are impacted and thereafter requesting affected local municipalities and counties to make the same findings and enact an ordinance requiring payment of fees to mitigate the overcrowding. The findings that are required include a conclusion that the school district "has considered and "City/School District Committee Report evaluated all reasonable methods of mitigating conditions of over- crowding" and find them not feasible. The enabling statute also re- quires that there be a general plan that provides for the location of public schools. The City' s existing General Plan simply identifies the existing school sites but does not designate future sites; hence, a plan amendment would be required prior to consideration of an ordi- nance (see attached memorandum dated February 4, 1985 from City Attor- ney, Allen Grimes). To date, 32 of the state' s 58 counties have school development fee requirements. EVALUATION OF ALTERNATIVES: With respect to alternatives for mitigating the conditions of over- crowding in district schools, the following were among those reported on to the committee: 1) Year-round schools - In order to implement year-round schools, the district would need to air condition classrooms due to the high summer temperatures. Preliminary estimates indicate that this could cost $3,000,000 together with an increase in utility costs of approximately $30, 000 per month. State law also requires that year-round schools be approved by a majority of the elector- ate of the district before being implemented on a mandatory basis. Some districts have implemented year-round schools on a voluntary basis with mixed results. - 2) Special Assessments - Measure A, the $35 "parcel tax" , was sub- mitted to the electorate in November , 1984 and received a 53.7% yes vote, but failed since it required 2/3rds approval for passage. 3) State Lottery, - The language on the ballot for the lottery ini- tiative specifically precludes lottery funds from being used for capital outlay and construction. 4) State Revenues - The district has applied for funding for school facilities with this process normally taking 42 months. It has been estimated that there is a state-wide need for five billion dollars for school facilities over the next five years, and only $225 million dollars is available for allocation in the next year. 5) Double Sessions - This alternative is not feasible following passage of SB 813 in 1983-84. This law requires the school dis- trict to provide additional minutes of education in each school day and to provide five additional school days of education in the school year. 6) Bussing to maximize use of space The entire district is im- pacted with the district presently bussing students from Atasca- dero to available space in Santa Margarita. The distance to ad- joining school districts makes it impractical to utilize any neighboring surplus classroom space and the San Luis Coastal uni- fied District is finding that it is now having to use space that was formerly surplus. 2 - i't City/School District Committee Report 7) Temporary Classrooms - This is the avenue being pursued to alle- viate present overcrowding and the reason the district is request- ing enactment of an interim facilities fee ordinance. GENERAL PLAN AMENDMENT: The School District has prepared a proposed general plan amendment for the City' s consideration to enable future consideration of an ordi- nance relative to interim development fees. CITY NEEDS: School District representatives were advised that the City is develop- ing a fee package to provide a pay-as-you go means of mitigating the impacts of growth including fees to provide for traffic lights, bridges, police facilities, fire facilities, park sites, roads, sewer system, etc. The City representatives on the committee stressed that there was a need to provide a comprehensive solution to all of the community' s public facility needs, including schools. COMMITTEE CONSENSUS It was the consensus of the committee to support adoption of a resolu- tion by the City Council concurring in the findings of overcrowding made by the Board of Trustees. As a prerequisite to issuance of a building permit for residential development, applicants would be re- quired to enter into voluntary agreements with the Atascadero Unified School District to provide payments of fees to be used to alleviate overcrowding in the district. Such fees would be no higher than the fee schedule contained in the December 18, 1984 transmittal from the district. Building permit applicants would be required to deal with the School District first and submit, as part of their application to the City, a statement from the district indicating that school impacts had been alleviated by payment of a fee. WHAT' S NEXT?: The following is the schedule adopted by the committee at their meet- ing of April 12th: April 22, 1985 - City Council meeting — discussion of committee report May 6, 1985 - School Board meeting - considerations of revised resolu- tion on overcrowding for submission to the City Council May 13, 1985 - City Council meeting - presentation by School District personnel of proposed resolution. May 28, 1985 — City Council public hearing considering proposed resolution on overcrowding (could be held at the Prath- er Building at the Junior High School) . The possibil-C ity exists for a continuance of the hearing to June ,8r/ 1985, if necessary, prior to acting on the prop sed resolution. 3 City/School Distrid0committee Report • Additional actions to be undertaken include formal submission by the School District of a request for a general plan amendment (this could be included with the first cycle of 1985 plan amendments) . Work would le continue by City staff on a draft comprehensive package to cover City public facility needs in addition to a draft ordinance addressing school overcrowding. HE:ps Enclosures: February 4, 1985 memorandum, Allen Grimes, City Attorney December 18, 1984 Communication, Atascadero Unified School District 4 s' �f ,AUMINISTRATION BUILDING • . CITY ATTORNEY POST OFFICE BOX 747 POST OFFICE BOX 749 ATASCADERO.CALIFORNIA 93423 ATASCADERO, CALIFORNIA 93423 PHONE: (805) 466-8000 PHONE: (805) 466.5678 CITY COUNCIL e .. ��® CITY CLERK CITY TREASURER POLICE DEPARTMENT POST OFFICE BOX 747 CITY MANAGER AINCORPORATED JULY 2. 1979 ATASCADERO,CALIFORNIAA 93423 FINANCE DEPARTMENT PHONE: (805) 466-8600 PERSONNEL DEPARTMENT PLANNING DEPARTMENT - - - - PUBLIC WORKS DEPARTMENT - - FIRE DEPARTMENT RECREATION DEPARTMENT - 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 �-�-• PHONE: (805) 466.2141 MEMORANDUM February 4, 1985 To: Ralph Dowell, Acting City Manager From: Allen Grimes City Attorney Subject: Development Fees; School Facilities You have asked me to give you the requirements which are legal conditions to the collection of development fees. I see these as follows: 1) The governing body of the school district must make a finding supported by clear and convincing evidence that: a) Conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs, including the reason for such conditions existing; and b) All reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exists. (Govt Code 65971) 2) Each of the following must occur: a) The General Plan provides for the location of public schools; b) The ordinance has been in effect for a period of 30 days prior to the implementation of the dedication or fee requirement; c) The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities where overcrowded conditions exist; d) The location and amount of the land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the community for interim ele— mentary or high school facilities and shall be reasonably related and limited to the need for schools caused by the development; t MEMORANDUM: Ralph Dowell, Acting City Manager February 4, 1985 Page 2 _ e) The fees shall not exceed the amount necessary to pay five (5) annual lease payments for the interim facilities; f) A finding is made by the City Council that the facilities to be constructed from the fees or the land to be dedicated, or both, are consistent with the General Plan; g) If the payment of fees of required, the payment shall be made at the time the building permit is issued, or at a later time as may be specified in the ordinance; and h) Only the payment of fees may be required in subdivisions containing 50 parcels or less. (Govt Code 65974) 3) It is noted that interim facilities as mentioned above shall be limited to the following: a) Temporary classrooms not constructed with permanent foundations and defined as structures containing one or more rooms, each of which is designed, intended, and equipped for use as a place for formal instruction of pupils by a teacher in a school; b) Temporary classroom toilet facilities not constructed with perma- nent foundations; and c) Reasonable site preparation and installation of temporary class- rooms. (Govt Code 65980) 4) The ordinance may specify the methods for mitigating the conditions of overcrowding. (Govt Code 65974) AG:fr cc: Rolfe Nelson, Mayor a j A 4..7.5,., "+ �• .R Atascader-o Unified ®cel District "Where students and their education are paramount" 6800 LEWIS AVENUE ANTHONY AVINA, Ed.D. ATASCADERO, CA 93422 District Superintendent PHONE: (805) 466.0393 December 18 , 1984 Ralph Dowell City Manager City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear Mr. Dowell : At a special board meeting of the Atascadero Unified School District Board of Trustees held on Monday, December 17, 1984, the Board took action to adopt Resolution No. 8, "Resolution Regarding Conditions of Overcrowding in School Attendance Areas". The Resolution cites Government Section 65970 and subsequent sections regarding the overcrowding of school facilities and . calling for a schedule of developers' fees to be enacted and levied against future building permits. We would like to request that an ordinance be developed and be presented to the City Council for consideration at your earliest convenience. I believe that you already have a copy of the San Luis Obispo County ordinance and I am enclosing a copy of the City of Bakersfield ordinance for your consideration. Our legal representative, Steve Hartsell , of Schools Legal Services, Inc. , (805) 398-3830, would be happy to work with your staff and/or legal counsel in drafting an ordinance. Mr. Hartsell , and his firm were instrumental in drafting the ordinance as adopted by the County and therefore is familiar with the process. Should you need further information, please don' t hesitate to contact me. Sincerely, Ernest W. Taylor, Business Manager EWT:rr cc: Henry Engen, Planning Director Steve Hartsell , Schools Legal Services encl: Resolution #8 and related materials Carrisa Plains Elementary 0 Creston Elementary • Lewis Avenue Elementary Monterey Road Elementary Santa Margarita Elementary • Santa Rosa Road Elementary • Atascadero Junior High School Atascadero Senior High School Atascadero Adult School • Oak Hills Continuation High School k. ATASCADERO UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION December l;, 1984 RESOLUTION REGARDING CONDITION'S OF OVERCROWDING IN SCHOOL ATTENDANCE AREAS RESOLUTION NO. 8 A The Legislature has enacted Government Code Sections 65970 and following in order to provide a means to alleviate over- crowding in public schools caused by new residential development. B. The statute provides that whenever a school district finds schools will be overcrowded as the result of proposed resi- dential development , and the city or county concurs, no further resi- dential development may be approved until an ordinance is adopted and implemented, providing for the payment of fees or dedication of land by residential developers to the school district . C. The District Superintendent has reported to this Governing Board on the enrollment capacities of the various schools of the district , the current and projected enrollments in the Dis- trict , and the cost of obtaining relocatable classroom facilities sufficient to meet enrollment needs caused by current and future de- velopment . The Superintendent 's report is attached and incorporated into this Resolution as Exhibit A RESOLVED 1. The above recitals are true. 2. This Board finds the Superintendent ' s report to be correct , and specifically adopts the report as its own findings. 3. Based upon the facts contained in the Superin- tendent ' s report, this Board finds: (1) a. Conditions of overcrowding (including condi- tions caused by proposed development ) exist in every attendance area within the district at all grade levels which will impair the normal functioning of educational programs. b. Overcrowding exists at all grade levels be- cause the current enrollment exceeds-the capacity of existing facil- ities and cannot be accommodated in a manner that is consistent with the District ' s educational goals and programs. The District needs to acquire one new elementary school within five years and to acquire additional classrooms at, numerous existing sites as early as next year, all of which is beyond the fiscal capability of the District . Further development will produce even greater strains upon the capacities of all schools and school sites. Development proposals totaling approxi- mately 700 living units within the boundaries of the Atascadero Unified School District are already at various stages of the approval process in the City of Atascadero and the County of San Luis Obispo. C. The District has considered and evaluated all reasonable methods of mitigating conditions of overcrowding and this Board finds that none of them is . feasible. There are no avail- able sources for funding the acquisition of new facilities on a per- manent or temporary basis. There are no general or special reserve funds of the District , bond funds or State funds that can be made avail- able for classrooms without jeopardizing the District ' s ability to provide educational opportunities for its students comparable to those offered to students throughout the State of California. Classrooms are currently overcrowded and this condition is having an adverse impact on the educational program of the District. This Board finds that (2) double sessions are not an acceptable educational alternative. The District is currently using eleven (11) temporary classrooms to house students in excess of permanent class capacity. The District has no surplus real property to sell. There are no . existing agreements between a developer and the School District whereby temporary-use buildings or relocatables will be purchased and/or leased by the developers for the benefit of the School District or whereby temporary- use buildings or relocatables will be leased by the School Dis- trict at developer expense. The District has no low priority schools or facilities to eliminate. 4. Currently, there is no ordinance in effect in the City which provides for the uniform payment of fees by residential developers to school districts whose schools are overcrowded or will become overcrowded as a result of proposed development . 5. Discussion with an architectural firm recently in.* volved in the bidding for relocatable buildings revealed the basic cost per classroom to range between $39,000 and $52 ,000. An addi- tional $11 ,000 would be necessary to install and equip the classrooms. Based upon the above information, and using the lower bid figure of $39,000, it would cost $1 ,752 per student to pro- vide relocatable classrooms at an average 28. 5 students per classroom. This amounts to an average $701.05 per dwelling unit based on an average . 4 students per household. Accordingly, the Board recommends that fees be imposed on residential development within the District according the the following schedule: (3) 0-1 Bedroom dwelling unit , 849 sq. ft . or less $300 • 0-1 Bedroom dwelling unit , 850 sq. ft . or more $500 2 Bedroom dwelling unit , 1349 sq. ft. or less $500 2 Bedroom dwelling unit ,* 1350 sq. ft. or more $700 3 Bedroom dwelling unit , 1949 sq. ft . or less $700 3 Bedroom dwelling unit , 1950 sq. ft. or more $900 4 or more Bedroom dwelling unit , regardless of sq. ft. $900 6. The fees collected pursuant to Government Code Section 65970 and following will be used by the District to acquire and install relocatable classrooms on an interim basis on existing school sites which are already in conformity with applicable general plans, unless alternative agreements have been made with individual developers for mitigation of overcrowding in lieu of fees for interim facility use. 7. The amount of fees requested to be imposed, and which would be required to be paid, under the standards recommended in this Resolution bear a reasonable relationship, and will be limited to the needs of the community for interim elementary, intermediate and high school facilities, and are reasonably related and limited to the meed for schools caused by the development upon which the fees would be imposed. 8. The Superintendent is directed to provide copies of this Resolution and Exhibit "A" to the Atascadero City Councilf and the County Board of Supervisors. (4) 1 On motion of Board Member Carol Boche seconded by Board Member Roy King , and on the following roll call vote, to wit : AYES: Baer,Boche,Brown,King Merrick. NOES: Beck & Thiebaud. ABSENT: None ABSTENTIONS: the foregoing resolution is hereby adopted. Clerk of the Board December 17, 1984 Date adopted (5) r, v' 4 Atascadero Unified School District "Where students and their education are paramount" / rt` 6800 LEWIS AVENUE ANTHONY AVINA, Ed.D. ATASCADERO, CA 93422 District Superintendent PHONE: (805) 466-0393 December 6, 1984 TO: Anthony Avina, Ed.D. , Superintendent Members of the Board of Trustees FROM: Ernest W. Taylor, Business Manager SUBJECT: Update/School Capacity At the March 19, 1984, board meeting, the Administration reported to the Board on the ever-increasing student population and the subsequent overcrowding of school facilities. That meeting was followed by a report on "Methods of Financing School Facilities" dated March 23, 1984- A copy is attached for your information. At that time the Administration outlined the five current sources of funding schools within the State of California. It was pointed out that the, only two viable methods for consideration were: 1. Builders fees for interim facilities 2. A parcel tax election which would raise funds based upon a specified amount for a specified number of years for the purpose of building and furnishing school facilities. After due consideration and deliberations at subsequent board meetings, the Board of Trustees took action at their June 4, 1984, meeting to authorize a parcel tax election. On November 6, 1984, the electorate of the District rejected this ballot measure. In view of the results of the election, the Administration must now explore other methods of temporarily providing facilities to house students of the District until a permanent solution can be developed to provide permanent facilities. The Administration has been working with the State Departments ' Office of Local Assistance on its application which was filed several years ago. In addition, the Administration has been working with Ed Group International on an advisory basis to deter- mine any possible method whereby the District might qualify for State funding. i Carrisa Plains Elementary • Creston Elementary • Lewis Avenue Elementary • Monterey Road Elementary Santa Margarita Elementary • Santa Rosa Road Elementary Atascadero Junior High School Atascadero Senior High School • Atascadero Adult School • Oak Hills Continuation High School (Anthony Avina, Ed.D. , Superintendent ) Page 2 At this point it would appear that the Districts chances of qualifying are "slim to none" . The District is fast approaching the point where it will have unhoused children ; however still will not qualify since it has more square footage in school facilities than the State formula allows. The District will continue to actively pursue any possible loopholes or hardship waivers which might apply in order that we might qualify. The Senate Committee on Housing and Urban Affairs, which is chaired by Senator Leroy Greene, will be conducting a hearing on school construction financing on Friday, December 7, 1984. I will attend this meeting and report to the Board on Monday, December 10, 1984. Condominiums, apartments and new housing starts within the City of Atascadero continue at an unprecedented rate. Whenever the Dis- trict is advised of proposed subdivisions they respond to the Planning Department advising them of our overcrowded conditions and suggesting that the developers contact the District to help mitigate the impact of their proposed project. Unfortunately, neither the District nor the City has the ability to require miti- gation at this time. The Administration is recommending that the Board consider the adoption ofa "Resolution regarding conditions of overcrowding in school attendance areas" . A copy of the proposed draft is attached for your reference. Adoption of this resolution would be the first step towards no fying the City of Atascadero, and the County of San Luis Obispo, to ' .. officially of our severe impact ton. Thenext g P would logical step be to request that both agencies adopt temporary, measures which would impose developer's fees on all new housing starts within the District based upon a schedule of bedroom dwelling units/ square footage. Similar schedules have already been adopted by the County Board of Supervisors for the Lucia Mar School District . In addition, the Cities of Pismo Beach, Grover City and Arroyo Grande have adopted similar measures. Fees collected from a developer' s fee would be used for interim facilities to provide for the immediate needs of our student pop- ulation. Should an alternative solution be forthcoming in order to provide permanent facilities , the Board could rescind the developer' s fee at its discretion. Attached is a copy of the State Cohort Survival method of pro- jecting enrollments for the next three years (Form SAB411) which is based on the enrollment as of October 1st of each year. This report is completed at the end of the first school month and the sixth school month. It is anticipated that our enrollment will continue to increase and that the projections at the end of the sixth school month (February 22, 1985) will exceed those presented at this time. 0 Further information regarding this matter will be presented at the board meeting. l t� STATE.OF CALIFORNIA OFFICE OF LOCAL ASSISTANCE ESTIMATED AVERAGE DAILY ATTENDANCE $As-411 (REN. 1/77) PREPARED BY: JOHN McMANUS - ED GROUP INTERNATIONAL •_ '" SCHOOL DISTRICT r TYAPPLICATION NO. J ATASCADERO UNIFIED SCHOOL DISTRICT AN LUIS OBISPO 19� G L..-'.firTn. sl,. a �rUe"x•yyyY. ENR Ot MEIT PROJECTED ENROLLMENT• IST MONTH ❑ 6TH noxrM AVERAGE r _ YEAR 1/82,82/8383/8184/85CHANCE 5/86 86/87 87/88 I306`` 352 371-,,35 +8 367 375 383 s ` 1 27 ':':;30 �33 37 -6 353 361 369 _ N n 2 24 '?�'27 30 32 -3 367 350 358 - 9, + + .."� 3 27 '::25 28 30 +3 330 370 353 4 j29 `"` 27 27 29 +13 321 343 383 .� _ s 33 `''`;�29 I28 29 +13 312 334 356 ' 6 33 :::35 28 29 +IO 309 322 343 + 344 . I34 35 35 32 +22 319 331 { I � 6 133:51,-,37 �35 36 +10 333 329 341 E� k ::) + T 9 33 =:i33 39 38 +25 393 358 354 10 28 133 34 40 +6 395 399 . 364 1t 2 f 98 48 127 12$ I28 (33 -25 380 370 374 t2 26 I 86 96 25 '` 251 f24 24 -35 295 345 335 TOTAL EL Ell. 2744 2826 2854 2950 .............. 3011 3115 3230 TOTAL HIGH 1151 1226 1270 1373 i' 1463 1472 1427 TOTAL 3895 4052 4120 4323 4474 4587 4657 ANNUAL CHANCE 157 68 203 151 113 70 SPECIAL ED. PUPILS PUPIL UNITS - CONTINUATION H. S. (LATEST ENROLLMENT) - ,F 3 NIGH. MOS. PUPIL MRS. SCM. DAYS PUP. MRS- DAYS ELEM. sEo• Mar 84 4698 18 261 �trxCH 15 Sept 84 5100 20 255 "LH 33 14 Oct84 5440 20 252 �. xpxSED,AUT 10 2 TOTAL 768 AVERAGE ATTENDANCE TOTAL 1B) 43 TOTAL 58 16 -AVERAGEATT `lDANC X LATEST ENROLLMENT 45 GRADE ENROLL. X EST. ADA GRADE ENROLL. A EST. AOA K 375 364 K 1-3 1081 1049 1-3 4-6 999 968 4-6 7-9 660 sT 640 ( 7-8 9T �_tz 1427 1384 9-12 .: SPEC. ED,. 68 SPEC. ED. - - - _ CONT MIGH —�-------- 45 I CANT. HIGH ------'---- TOTAL , --- --- 4517 TOTAL --------- - CE TIFIEt CONN T�I AU TN, AJENTJ DATE APPRO VEO, ExE:u TI VE OFE(CEO iAd) DATE ` f.� I „',1Iy} 1 � "11 112/4/84 (Analysis of 0ilities page 3) • The following report will review the capacities of our school plants and our present enrollment . In addition , it will examine our growth patterns and projections for continued growth. ENROLLMENT 10/1/84 DISTRICT SCHOOLS CAPACITY REGULAR SPEC ED. Carrisa Plains Elem. 40 26 Creston Elem. 100 106 Lewis Avenue Elem. * 424 503 20 Monterey Road Elem. 608 615 15 Santa Margarita Elem. * 355 357 9 Santa Rosa Road Elem. * 633 652 Atascadero Junior High 714 683 130 Atascadero High 1396 1373 16 Oak Hills Continuation 75 80 Total 4345 4395 73 Kindergarten facilities on double session EWT:cip 12/6184 (Analysis of Facilities - page 4) ATASCAPRO UNIFIED SCHOOL DISTRICIO CBEDS Enrollment October 1984 Grades Creston Carrisa Lewis Monterey Santa Santa Total Plains Avenue Road Margarita Rosa - - K 17 4 175 -0- 55 108 359 1 19 6 73 107 71 94 370 2 12 2 46 102 64 101 327 3 11 3 54 101 43 96 308 4 21 4 42 98 48 $6 299 5 11 4 67 98 35 84 299 6 15 3 46 109 41 '83 297 K - 6 Total 106 26 503 615 357 652 2259 Jr. High Carrisa School Plains 7 319 4 323 8 364 4 368 7 -- 8 Total 683 8 691 High Oak Hills School 9 389 1 390 10 405 6 411 11 330 17 347 12 249 56 305 9 - 12 Total 1373 80 1453 Special Education Classes Enrollment Special Day Classes Lewis Avenue 1 10 Monterey Road 1 15 Santa Margarita 1 g Jr. High School 1 14 High School 2 16 SED - LAE 2 to OTAL 74- 11/7/84 E.W.T. 12/6/84 • � E.W.T. ATASCADERO UNIFIED SCHOOL DISTRICT Analysis of School Facilities and Capacities Elementary Schools CARRISA PLAINS ELEN=ARY Permanent Facilites 0 Kindergarten classroom 2 - Regular classrooms ' 0 - Music room (housed in Multi-use room) 0 Library (housed in Multi-Use roam) 0 - Special Education Capacity 2 - Multi-Grade classrooms 2 @ 20 = 40 students CRESTON ELII4iITARY Permanent Facilities Temporary Facilities 1 - Kindergarten classroom 2 Regular classrooms 1 Regular classroom -0 - Music room 0 - Library 0 - Special Education Capacity T- rgarten/First classrocan @ 25 = 25 3 - Multi-Grade classrooms @ 25 = 75 100 LL7WIS AVENUE 'PT NTARY Permanent Facilities Tenporary Facilities 1 - Kindergarten classroom 2 - Regular classrooms 11 - Regular classrooms 1 - Special Ed classroom (SED) 0 - Music roams 0 - Library 1 - Special Ed classroom 0 - Speech/Special Ed Resource Capes 1 - Kindergarten @ 30 = 30 to 60 (double session) 12 - Regular classroom @ 28.5 342 3 - Special Ed (1 @ 10 and 2 @ 6) 22 394 to 424 (Analysis of Facilities cont'd) 0 • MONTEREY ROAD EL,DNENTARY Permanent Facilities Temporary Facilities 0 - Kindergarten classrooms 1 —Special Ed classroom 21 - Regular classrooms 1 - Speech/Psychological testing 0 - Music classrooms (housed in Multi-Use room) 1 - Library (inadequate size) 1 - Resource/Specialist classroom Capacity 21 - Regular classrooms @ 28.5 = 598 1 - Special Ed classroom @ 10 10 608 SANTA MARGARITA ELEMENTARY Permanent Facilities Temporary Facilities 1 - Kindergarten classroom 2 - Regular classrocnis 10 - Regular classrooms 1 - Music classroom 1 - Library 1 - Special Ed Classroom 0 - Resource Teacher classroom Capacity 1 - Kindergarten @ 30 = 30 to 60 (double session) . 10 - Regular classrocmis @ 28.5 = 285 1 - Special Ed classroom 10 325 to 355 SANTA ROSA E-I NTARY Permanent Facilities 2 - Kindergarten classrooms 18 - Regular classrooms 0 - Music classroom 1 - Library 1 - Resource Specialist classroom 0 - Special Ed classroom Capacity 2 - Kindergartens @ 30 = 60 to 120 (double session) 18 - Regular classrooms @ 28.5 = 513 573 to 633 (Analysis of Facilities cont'd) ATASCADERO JUNIOR HIGH SCHOOL Permanent Facilities Temporary Facilities 18 - Regular classrooms 1 - Special Ed classroom 1 - Music Room 1 - Resource Specialist classroom 1 - Library 2 - Shops 1 - Art classroom 2 Home Economics classrooms 2 - Science classrooms Capacity 18 Regular classrooms @ 27 = 486 1 - music room @ 33 = 33 2 - Shops @ 25 = 50 1 Art classroom @"25 25 2 - Home Economics classrooms @ 25 = 50 2 - Science classrooms @ 25 = 50 2 - Special Ed classrooms @ 10 20 28 714 ATA.SCADERO HIGH SCHOOL Permanent Facilities 39 - Regular classrooms 1 Music room + 3 practice rooms 1 - Library/Media Center 1 - Fine Arts classroom 2 - HomaT aking classrooms 3 Shops 4 - Science classrooms 4 Agriculture classrooms 2 - Special Ed/Resource Specialist classrooms Capaci 39 Regular Classrooms @ 25 = 975 1 - Music room @ 33 = 33 1 - Fine Arts classroom @ 33 = 33 2 - Homemaking classrooms @ 25 = 50 3 - Shops @ 25 = 75 4 - Science classrooms @ 25 100 4 - Agriculture classrooms @ 25 100 2 - Special Ed/Resource Spec. classrooms @ 15 30 56 1396 OAK HILLS CONTINUATION Permanent Facilities 3 - Regular classrooms Capacity 3 Regular classrooms @ 25 = 75 �'s 4 CITY OF ATASCADERO Building Permits - (December 7, 1984) RESIDENTIAL UNITS IN PROGRESS PERP-IITS FINALED (Since January 1984) NUMBER OF UNITS Single Family Residences 25 Multiple Family Residences 82 Total: 107 PERMITS BEING CONSTRUCTED Single Family Residences 154 Multiple Family Residences -153 Total: 307 PERMITS BEING PROCESSED Single Family Residences 54 Multiple Family Residences 237* Total: 291 ZONING APPROVALS Single Family Residences 60** Multiple Family Residences 268 Total: 328 BEING DISCUSSED Single Family Residences Unknown Multiple Family Residences 549 Total: 549 *This does not include 98 unit motel complexes. **This notes only a new mobile home park. • Revised 12/14/84 Per Joel Nioses co � O ul "A 0 ED jr ' r, E., R+ cell w0 � r�1 H 44 \•Y� •1�ti-r�Ct,` �v i'-,,,,'�.t,�{l,�r �y7�.�r'2j,•�',�_7-�7^'`•+ }�,� �"':�; `� �T'� QI Y ��J1{ .�//'z*'��. "f� �f�r�./�y(,x'�`�l��i"'a"b^�1✓O�ry.��VI �� '!� ��i \n�.C, 'S �7 �l�. �'T-' �c .. (moi! ,. ._ \ t ' _1 ';•. \ e=�--�.r\�� s � -+•_..�'�,t��,J..!'Ss'�Cop�c.:.. �,- „+-�Vi r ti :J e ff - •A •� �.. T•5-.'/ori �is u��, u� � �.. / / ��'��',�/�,�\\�\\��\ �` x •.11` �• _V � � \ I o.ozs.t-lu-1-Mstf.150 CITY OF BAKERSFIELD • �. 15.68.120 Fire protection. agencies or findings of the city council with A. The provisions of this section shall apply respect to the mobile home park or contributing to all new and existing, mobile home parks. in any way to the violation of this chapter shall. B. There shall be in each mobile home park a be'deemed guilty of a misdemeanor, and upon water system with fire hydrants of sufficient size conviction thereof may be punished by a fine and delivering sufficient pressure and located not exceeding five hundred dollars or by impris- within a sufficient distance of one another to onment in the county jail fora term not ex- provide adequate fire protection for each mobile seeding six months, or by both such fine and home lot of the mobile home park. The place- imprisonment. ment and installation of the fire hydrants must B. Every person, firm or corporation violat be approved by the chief of the fire department ing or contributing in any way to the violation (Prior code § 15.04.100). ' of any provision of this chapter, shall be deemed guilty of a separate offense for each day during. 15.68.130 Responsibilities of owners, which the violation continues, and may be operators and tenants. punishable therefor as set'forth in this section A. It is unlawful for any person, firm or cor- where provision is not otherwise made by state poratian owning or operating- a mobile home taw. (Prior code § 15.04.120). park in the city, to violate any of the provisions of this chapter. B. It is unlawful for any person, firm or cor- Chapter 15.70 poration owning, maintaining or in control of any mobile home, or the occupant or tenant of SCHOOL FACILITIES any mobile home in whatever capacity, to violate any of the provisions of this chapter. Sections: (Prior code § 15.04.1 10.) 15.70.010 Purpose. . 15.70.020 Definitions. 15.68.140 Ordering correction of violation 15.70.030 Adoption of findings of —Notice to owner. overcrowding by governing A. Whenever an enforcement agency deter- board. mines by inspection that a violation of this 15.70.040 Hearings, notice, findings and chapter exists, the enforcement agency shall fee setting. order the violation corrected and shall institute 15.70.050 Conditions for approval of proceedings to effect the repair, rehabilitation or residential development in vacation of the violation. overcrowded attendance areas. B. The enforcement agency shall give a 15.70.060 Dedication of land in lieu of thirty-day written notice to the owner or other payment of fees procedure. responsible person, to make the correction or 15.70.070 Use of fees or land for interim effect the vacation. facilities. C. The notice shall set forth the violations 15.70.080 Provision of interim facilities in determined by the inspection. (Prior code § lieu of fees. 15.04.115). 15.70.090 Report by school district. 15.70.100 Amendments to fee schedules. 15.68.150 Violation—Penalty. 15.70.110 Agreement between overlapping A. Any person, firm or corporation violating school districts. any of the provisions of this chapter, or disre- 15.70.120 Termination of dedication or fee garding any lawful order of the enforcement requirements. • 517 /S eri rseld 9.83)_ 1- w �r. 15.70.010 Purpose. • p owned by the school district will be used. The purpose of this chapter is to implement G. "Residential development" means a the provisions of Government Code Section project containing residential dwellings, includ- 65970 and following, as they exist at the time of ing mobile homes, of one or more units or a the adoption of this chapter and as they may be subdivision of land for the purpose of construct amended or-added to in the future, and to pro- ing one or more residential dwelling units. vide a method for financing interim school "Residential development" does not include facilities necessitated by new residential develop- the following: ment causing overcrowding of existing school 1. Any modification or remodel of an exist- facilities. (Ord. 2780§ I (part), 1982), ing dwelling unit where no additional dwelling unit is created. 15.70.020 Definitions, 2. The conversion of an existing apartment As used in this chapter: building into a condominium or stock coopera- A. "Approval of a residential development" tive where no new dwelling unit is created. means any or all of the following: 3. Rebuilding of a dwelling unit destroyed or 1. Adoption of an ordinance rezoning prop- damaged by fire, flood, explosion, act of God or erty to residential use. other accident or catastrophe. 2. Granting a building permit or any discre- 4. Any residential complex which is main- tionary permit for residential use. tained as exclusively senior citizens housing. 3. Approval of a tentative subdivision map (Ord. _780 r I (part), 1982). for residential purposes. B. "Attendance area means the area estab- 15.70.030 Adoption of findings of lished by a governing board within which pupils overcrowding by governing board. must reside to attend a particular school. If a governing board makes findings supported C. "Conditions of overcrowding" means that by clear and convincing evidence that: (a) con- the total,enrollment of a school or schools sery ditions of overcrowding exist in one or more ing a particular attendance area, including enroll- attendance areas within the district which will ment from proposed development, exceeds the impair the normal functioning of education pro- capacity of such school or schools as determined grams including the reason for such conditions by the governing board. existing; and (b) that all reasonable methods D. "Dwelling unit" means a building, or por- of mitigating conditions of overcrowding have tion thereof, or a mobile home, designed for been evaluated and no feasible method for re- residential occupancy by one person or a group ducing such conditions exist, the governing of two or more persons `living together as a board shall notify the city council. The notice domestic unit. of findings shall specify the mitigation measures E. "Governing board" means the governing considered by the governing board. The notice board of any school district which operates a shall include a map showing the overcrowded high school or elementary school and whose attendance area or areas and shall specify the territory lies in whole or in part within the city fees which the governing board requests be im- limits. posed upon applicants for approval of residen- F. "Reasonable methods for mitigating tial developments within the overcrowded at conditions of overcrowding" shall include, but tendance area or areas and the method(s) used are not limited to, agreements between a sub- to calculate the amounts thereof. (Ord. 2780 divider and the governing board whereby § 1 (part), 1982). temporary-use buildings will be leased to the school district or temporary-use buildings (a,K«rteld 9-83) 518 r t 15.70.040-15.70.050 15.70.040 Hearing, notice, findings and fee facilities caused by the residential develop- setting. ments on which they, will be imposed, then the Within sixty days of receipt of notice of the remaining provisions of this chapter shall apply findings of the governing board, complete with to the approval of residential development with- supporting documentation, the city council in the attendance areas in which there are con- shall hold a public hearing on the findings and ditions of overcrowding. The city council shall, the requested fees and land dedications. by resolution, establish the fees and land dedica- A. Notice of the time and place of the public tion requirements which shall thereafter be im- hearing referred to in subsection B of this sec- posed as a condition of approval of residential tion shall be given at least ten days before the development. hearing in the manner following: D. If the city council does not concur with 1. Such notice shall be given by publication the amount of fees to be paid br land to be once in a newspaper of general circulation, pub- dedicated requested by the. governing board, lished in the city and circulated in the school it shall, by resolution, adopt such amount of district, or if there is none, then in a newspaper fees or amount (or location) of land as it may of general circulation published and circulated deem proper in lieu of that requested. in the city; E. Within ten days after conclusion of the 2. By mailing a copy of such notice to the hearing, the city council shall declare its deci- governing board of the school.district; sion and any findings in such matter. The city 3. By mailing a copy of the notice to the clerk shall mail a copy of the resolution or planning director; order of the city council and findings to each 4. By mailing a copy of such notice to any person to whom notice of the hearing was re- person who may file a request in writing there- quired to be mailed under this section. (Ord. for with the planning director or the city clerk 2780§ I (part), I982). and who shall furnish therewith an envelope ad- dressed for such purpose with postage prepaid; _ 15.70.050 Conditions for approval of 5. Any notice required to be mailed may be residential development in given by personal- delivery, in lieu of mailing. overcrowded attendance areas. B. Such notice shall also identify the school The city council shall not approve any resi- district, and generally describe the boundaries dential development to which its above findings of the attendance area or areas in question, apply, unless either: and shall refer to the. notice of findings of the A. The city council, upon application by a governing board of the school district and state developer of residential property and after when and where the same may be examined notice and public hearing, has determined that by any interested person. there are specific overriding fiscal, economic, C. If, at the conclusion of the. public hearing social or environmental factors which, in its the city council determines that: judgment, would benefit the city and justify the 1. It concurs in the governing board's approval of a particular residential development findings of overcrowding;and without the mitigation of the impact of that 2. The general plan provides for the location development upon overcrowded schools; or of public schools;and B. The applicant for rezoning or subdivision 3. The proposed fees and land dedication re- approval has furnished a signed written agree quirements bear a reasonable relationship to and ment with the governing board promising to will be limited to the needs of the community pay the required fees prior to issuance of a for interim school facilities and are reasonably building permit (which fees shall be those 'in related and limited to the need for school effect, if any, as of the date of issuance of the 518-1 (Bakersfield 9-33) building permit), and an applicant for a build market value after a. public hearing, noticed as - ing permit has furnished evidence of pavment of provided in Section 15.70.040. the required fees to the governing board; or C. The planning director shall ascertain the C. An applicant for approval of a residential amount of fees which are, or would be, payable development has furnished evidence, in the form as a condition to approval of the subdivision of a signed written agreement.with the govern under the standards adopted by the city coun- ing board, that the applicant has paid or cil. promised to pay, and the governing board has D. Except as may otherwise be agreed be- accepted or promised to accept, fees, to be used tween the school district and the subdivider, exclusively for capital expenditures, in mitiga- if the fair market value of the land, as deter- tion of the impact of proposed residential mined under subsection B of this section, ex development on the school district in lieu of fees ceeds the amount of fees ascertained under sub- otherwise required under this chapter or Sec- section C, at such time as approval of the tenta tion 65970 et seq. of the California Govern- tive-map and the acceptance of the dedication meat Code. Fees paid or promised under the have both been completed, the school district alternate provisions of this subsection shall shall pay the subdivider the amount by which not exceed the fees which would otherwise be such fair market value exceeds the amount of required pursuant to the resolution of the city such fees so ascertained. council. (Ord. 2780 1 (part), 1982). E. If the school district pays the subdivider the amount of the excess mentioned in sub- 15.70.060 Dedication of land in lieu of section D of this section, the amount to be payment of fees procedure. credited to each lot in the subdivision shall be A. Upon request of the governing board, the based on the amount ascertained under subsec- city council shall impose as a condition of ap- tion C of this section, instead of the fair market proval of a residential development containing value of the land. l more than Fifty parcels that the applicant F. If the fair market value of the land, as dedicate to the governing board a parcel of land -determined under this section, is equal to or less to be used as a site for classroom facilities, than the amount ascertained under subsection C whose location is consistent with the city of this section, the amount of such value shall be general plan. Except as may otherwise be agreed credited to the respective lots in the subdivision. between the school district and the subdivider, G. The provisions of this section shall also the fair market value of land so dedicated shall apply in case land is dedicated in connection not exceed the amount of fees which would with approval of a mobile home park, in which otherwise be paid for approval of residential case references to "subdivision" shall mean development of the dedicated parcel to the high "mobile home park" and references to "lots" density of'any other portion of the applicant's shall mean "mobile home sites." residential development. H. If land is dedicated to a school district B. In case land is dedicated in connection for a fixed or ascertainable term, there shall be with approval of a subdivision, the fair market established under this section the fair rental value of the land at the time of such approval value of a lease of such land for such term. and shall be established by agreement between the the amount so established shall be applied in governing board of the school district and the lieu of "fair market value" wherever mentioned subdivider, and the amount thereof shall be re- in this section. ported to the planning director; and if they I. At any city council hearing for the purpose cannot agree, they shall report that fact to the of establishing fair market value of land, as men- city council, which shall establish such fair tioned in subsection C, the city council shall (Bakrnfieid&83) 518-2 y Co v= F�f. 15.70.070-15.70.120 Cconsider the reports of three appraisers, one governing board in the preceding fiscal to be.selected by the school district, on.e to be year (July 1st through June 30th). selected by the subdivider, and one to be B. The facilities leased, purchased or con- selected by the two selected by the district strutted during the previous fiscal year and the and the subdivider. The fees and expenses of amount expended for the facilities. such appraisers shall be divided equally between C. The attendance areas which will continue and paid by the school district and the to be overcrowded in the current.school year, subdivider, and in any case the city shall not be and those which are no longer overcrowded. liable therefor. (Ord. 2780 § 1 (part), 1982). D. A schedule specifying how the governing board will use fees or land acquired pursuant 15.70.070 Use of fees or land for interim to this chapter to relieve overcrowding, the sites facilities. to be used, the facilities to be acquired and the Fees or land provided pursuant to Section times when the facilities will be available. (Ord. 15.70.040 of this chapter shall be used only for 2780 § 1 (part), 1982). the purpose of providing interim classroom facilities. The fees established by resolution of 15.70.100 Amendments to fee schedules. the city council shall not exceed the amount On request of a governing board, and follow- necessary to enable the district to make five ing a public hearing held within sixty days of annual lease payments for temporary classroom the receipt of that request, the city council shall and toilet facilities, including related expenses to consider adjusting the fee schedule applicable make them ready for the instruction of children. in any attendance area to reflect new informa- (Ord. 2780 § I (part), 1982). tion provided by the governing board on the fees necessary to alleviate overcrowding caused by 15.70.080 Provision of interim facilities new residential development in that attendance in lieu of fees. area. (Ord. 2780 § I (part), 1982). A builder of a residential development who _ would otherwise be required to pay fees to a 15.70.110 Agreement between overlapping school district pursuant to Section 15.70.040 of schoot districts. pp g this chapter may, at his or her option and sole Where two separate school districts operate expense, provide interim facilities owned or con schools in an attendance area where overcrowd- trolled by the builder at a place designated by ing conditions exist for both school districts, the governing board. These facilities shall be the city council shall enter into an agreement installed prior to or, at the governing board's with the governing board of each school district option, within ninety days of the issuance of for the purpose of determining the distribution building permits to the developer and shall of revenues from the fees. (Ord. 2780 remain in place for five complete school years. -1982). § 1 (part), After the fifth year, the facilities shall be removed, and the school district's property 15.70.120 Termination of dedication or fee restored, at the builder's sole expense. (Ord. requirements. 2780 § 1 (part), 1982). A. If overcrowding conditions cease to exist in any attendance area of a school district as 15.70.090 Report by school district. to which fee or land dedication requirements The governing board shall file with the city have been imposed pursuant to this chapter, council not later than October 15th of each the governing board of the district shall year an account of the following: promptly adopt a resolution so finding and send A. The amount of fees received by the a certified copy of it to the city council. • r 518-3 (Bakersfield 9-83) t i �,e I J.14.0 1 V—1 J./L.u.:u B. When it is determined by the city council 15.72.020 Purpose. that conditions of overcrowding no longer exist The purpose of this chapter is to promote the in an attendance area, whether or not such public health, safety, and general welfare by determination follows a resolution by the providing for the identification, protection, governing board as provided in subsection A of enhancement, perpetuation, and use of improve- this section; the requirements of this chapter merits, buildings, structures, signs, objects, fea- shall cease to apply therein. (Ord. 2780 § 1 tures, sites, places, and areas within Bakers (part), 1982). field that reflect special elements of the city's architectural, artistic, cultural, engineering, aesthetic, historical, political, social and other Chapter 15.72heritage for the following reasons: A. To safeguard the city's heritage as HISTORICAL PRESERVATION embodied and reflected ' in such resources; B. To encourage public knowledge, under- Sections: standing, and appreciation of the city's past; 15.72.010 Title. C. To foster civic an& neighborhood pride 15.72.020 Purpose. and a sense of identity based on the recognition 15:72.030 Definitions. and use of cultural resources; 15.72.040 Applicability. D. To promote the enjoyment and use of 15.72.050 Historic preservation cultural resources appropriate for the education commission—Established-- and recreation of the people of the city; Membership. E. To preserve diverse and harmonious 15.72.060 Historic preservation commission architectural styles and design preferences of —Powers and duties. reflecting phases of the city's history and to 15.72.070 Cultural resource designation encourage complementary contemporary design Criteria. - and construction; 15.72.080 Cultural resource designation— F. To enhance property values and to Procedures. increase economic and financial benefits to the 15.72.090 Permit.—Required when. city and its inhabitants; 15.72.100 Permit—Application processing G. To protect and enhance the city's attrac- and requirements. tion to tourists and visitors (thereby stimulat- 15.72.110 Permit—Criteria for issuance. ing business and industry); 15.72.120 Permit-Issuance upon showingH. To identify as early as possible•and resolve of hardship, conflicts between the preservation of cultural 15.72.130 Appeal procedure. resources and alternative land uses; 15.72.140 Ordinary maintenance and repair I. To integrate the preservation of cultural permitted, resources and the extraction of relevant data 15.72.150 Building or structure to be kept from such resources into public and private land in good repair. management and development processes; 15.72.160 Enforcement. J. To conserve valuable material and energy- 15.72.170 Penalty for violation. resources by ongoing use and maintenance of the existing built environment. (Ord.- 2781 15.72.010 Title. ; § 2, 1982). This chapter shall be known as the historical ` preservation ordinance of the city. (Ord. 2,781 § 1, 1982). I (Eakersfw1d 9-83) 518-4 i COUNCIL MEETING : 5/28/81 AGENDA ITEM NO, : C 1 ME M O R A N D U M — — — — — — — — • May 21, 1985 To: City Council Via: Mike Shelton, City Manager From: Bob Best, Recreation DirectoRa4lr Subject: Ordinance No. 105 RECOMMENDATION Attached for your approval is Ordinance No. 105 adding Chapter l to Title 10 of the Atascadero Municipal Code relating to Parks and Recreation. Included, per your instructions, are changes in Sections 10-1. 28 Swimming and 10-1. 33 Overnight Camping, These now reflect a "No Swimming" policy and a provision for overnight camping with the issue of a special use permit by the Police Department. Based on the information I have obtained in recent days, I now recommend adoption of Ordinance No. 105 as written, including the "No Swimming"policy. ISSUE STATEMENT The vast majority of this ordinance should not prove to be contro- •versial. The major issue is whether to adopt a "no swimming "swim at your own risk" , or "swimming allowed" policy. Also at issue is to deter- mine if the City is considering a no swimming policy for safety or economic reasons? BACKGROUND As you are aware, swimming has been allowed at the Lake for many years. The City has provided lifeguard service during the months of June, July and August since incorporation. This ordinance has been through numerous staff reviews in recent months, providing all department heads the opportunity to make recommen- dations concerning the ordinance. In addition, the Parks and Recreation Commisssion continues to favor a swimming allowed policy. Major arguments for a "swimming allowed" policy include, but are not limited to: It has always been allowed and the policy should continue; There are few free recreational opportunities provided to low income children; and Atascadero Lake Park draws people from all areas of the County because they can swim in the lake. • Page 2 Arguments against swimming include, but are not limited to: The lake is a health hazard; it is not possible to see someone when they go under, ithus making rescues difficult; lifeguards are not properly trained in lake rescue techniques; it is more dangerous to swim at the lake than a commer- cial pool. MAJOR FINDINGS AND CONCLUSIONS Other than the swimming issue, no other major concern has been brought to my attention. Major findings and conclusions include: 1. Both John Dobrinski (Carl Warren and Co. ) and Scott Radovich from Borton, Petrini, and Conron were contacted regarding the question of swimming. According to Attorney Radovich, if the major concern is how to avoid or reduce future lawsuits, the only real solution is to prohibit swim- ming. In this opinion, a "swim at your own risk" policy is not an adequate safeguard to the City. If an "own risk" policy is adopted, people will con- tinue to use the lake without much decrease in liability to the City. If this type of policy is adopted and an accident occurs, a percentage of the participants negligence can be charged to them, but the remainder is charged to the City. Posting "own risk" signs will not prevent lawsuits. However, if a no swimming policy is adopted, it must be enforced. Mr. Radovich also discussed the situation with senior partner Dick Hitchcock, and in a followup call to me indicated their recommendation, from a liability aspect, is to: 1) Prohibit swimming, 2) Post signs around the lake citing the ordinance, including access roads to the lake. He indicated that as long as the police make a reasonable effort to enforce the ordinance (regular patrols) that would be adequate. 2. According to Department of Environmental Health, there are no existing standards for testing of bacteriological and coliform counts for lakes. However, for approximately the past year they have tested the water on a weekly basis. Both bacteria and coliform count far exceeds standards established for commerical swimming pools. Readings have regularly been in the 1000' s for both, and have reached as high as 2400 bacteria per millileter (200 is the Health Department maximum for pools) , and 2400 for a total coliform organism count (2. 2 per 100 millileters is Health Department maximum) . From the information . Environmental Health has obtained, they are recommending a no swimming policy for Atascadero Lake. 3. On Wednesday, May 22nd, I met with Superintendent of Schools, Dr. Anthony Avina. The purpose of this meeting was to discuss the operation of the Atascadero High School Pool. Of particular concern was to determine if a free swim program exits for low income children, and if not, the possibility of establishing such a program. I will provide a verbal re- port to Council on the 28th concerning this area. Page 3 4 . From the information I have obtained, it is my conclusion that a health and safety problem, in addition to liability, exists at the lake. Des- pite some public sentiment to the contrary, I believe we must step for- ward at this time and prohibit swimming until the problem can be elimi �c ALTERNATIVES With the .information provided by legal counsel and the health depart- ment, it is difficult to provide Council with alternatives. However, con- sideration could be given to providing lifeguard service during the summer months and prohibiting swimming at all other times. Also, consider allowing swimming in wading pool with lifeguard service at the wading pool only, and prohibiting swimming in the lake. FISCAL IMPACT According to preliminary estimates, lifeguard service at Atascadero Lake will cost approximately $8, 500 in fiscal year 1985-86. If the wading pool only was utilized, lifeguard service would cost approximately $2,_400. By prohibiting swimming, this cost would be saved on lifeguard service, but there would be a substantial cost factor to post no swimming signs around the lake. The major fiscal impact, however, could be what it might cost the City if a serious illness resulted or an accident occured. ! II ORDINANCE NO. 105 AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER 1 TO TITLE 10 OF THE ATASCADERO MUNICIPAL CODE RELATING TO PARKS AND RECREATION The Council of the City of Atascadero ordains as follows: Section 1. Chapter 1 is added to Title 10 of the Atascadero Municipal Code to read as follows: TITLE 10 CHAPTER 1 - ATASCADERO CITY PARK 10 - 1.01. Definitions. As used in this chapter , unless the context clearly requires a different meaning , the following words have the following meanings: (a) "Aquaplane" means any park, surfboard, water ski or other device used for transporting, conveying, or carrying a person who is towed or pulled by any boat by means of a rope, chain, cable, wire, or other connection. (b) "Department" means director of City of Atascadero department of Public Works. (c) "Horse" means any member of the equine family; (d) "Lake" means Atascadero Lake. (e) "Park" means any municipal area open to the public for recre- ational purposes, including the Atascadero Lake, zoo, picnic area, ballfield, Sunken Gardens, and Paloma Creek Park. (f) "Park Personnel" means all department personnel charged with the responsibility of maintenance and management of Ata- scadero Recreational Areas and "park personnel" includes the Director and Assistant Director of Public Works. (g) "Motorboat" means any vessel propelled by machinery & capable of transporting a person. • 10 - 1.02. Authority of Park Personnel. 1 t` t✓ Park personnel are authorized to direct the visiting public ir� its use of the park according to statutes, ordinances, rules and regu- lations applicable to the park. In the event of fire or other emer- gency, to expedite traffic, to insure safety of the persons in the park, to insure against pollution of the Lake, or to protect property and facilities inthe park, park personnel may direct the public as conditions may require notwithstanding other provisions of this chapter. 10 - 1.03. Restriction of Public Use of Parks. Park personnel, the Chief of Police, and the Fire Chief are authorized to restrict the public use of the park by closing the park or any park area or any of its facilities or restricting the hours of operation for good and sufficient reasons including but not limited to the following: (a) Sanitary protection of the watershed. (b) Fire prevention. (c) Construction. (d) Dangerous or unsafe conditions. (e) To prevent damage to the park or its facilities. (f) Conservation of fish and game. 10 - 1.04. Litter, Garbe, Polluting Substances'. It is unlawful for any person within the park to commit any of the following acts: (a) To throw or discharge into the waters of the lake or any stream, or place upon the shore area thereof, any litter gar- bage waste products, trash, motor oil, or other debris, or to discharge into the lake or any stream or along the shore area thereof, any contaminating or polluting substance of any kind whatsoever, or to use any motor or container which leaks oil or gas into the waters of the lake. (b) To dump or deposit any trash, refuse, garbage, litter or any kind of waste materials in any portion of the Atascadero Rec- reational-Areas except in approved containers specifically placed and designated to receive such waste materials. 10 - 1.05. Boat Washing It is unlawful for any person to wash a boat or motor vehicle in the lake or park area. 2 . ` t 10 - 1.06. Windsurfers. A nonmotorized surfboard-like vessel over eight feet in length may be utilized on the lake under the following conditions: (a) Windsurfing may be conducted in only those areas designated for boats. Windsurfing is prohibited in designatedswimmin areas. (b) No person engaging in windsurfing or related activity may do so without wearing an approved personal flotation device. (c) When directed by park personnel, any person engaging in wind- surfing or related activity shall discontinue said activity and remove his person and equipment from the water . (d) Vessels defined within this category shall be exempted from the requirements of Section 9873 (e) of the California Vehicle Code. 10 - 1. 07. Boat Operation in Prohibited Areas. It is unlawful for any person within the park to operate a boat within a prohibited area designated by official standard waterway markers on the Lake. Such prohibited area shall be designated by the Director of Public Works. 10 1.08 . Motorboats. It is unlawful for any person within the park or lake area to operate any type of motorboat with the exception of model boats of 1 hp or less. Model boats must have approved mufflers which reduce the noise level of the boat. 10 - 1.09. Boats on Shore--Designated Areas--Sleeping In. It unlawful for any person within the park to do any of the following acts: (a) To keep any boat on shore overnight except in an area desig- nated and posted for such purpose. (b) To sleep in any boat during the hours when the lake is closed to boating. (c) To moor any boat overnight in a location other than in an area designated and posted for mooring; any boat so moored shall be at owner 's sole risk and the City Council assumes no liability or bailment obligation pertaining to damage, loss or theft of such boat. • 10 - 1.10. Unattended Boats. It is unlawful for any person utilizing the area to leave any boat unattended for more than forty-eight hours except in the desig- 3 ; nated storage areas. Park personnel are authorized to impound ani* boat involved in a violation of this section, and to charge a rea- sonable fee or fees for the release of said boat to the owner. Any such boat not claimed by the owner within thirty days after written notification of such impounding may be sold by the Director of Public Works at public auction shall first be deducted and retained, and the remainder , if any, shall be paid to the owner. 10 - 1.11. Boat Operation Time Restriction. It is unlawful for any person to operate or occupy any boat on the lake between the time of one-half hour after sunset and one-half hour before sunrise-. 10 - 1.12. Boat Operation by Incapable Persona It is unlawful for the owner of any boat within the park or any person having such in his charge or control to authorize or knowingly permit the same to be operated by any person who is incapable of operating such watercraft under the prevailing circumstances for any reason, including, but not limited to, inexperience or physical or mental disability. 10 1.13. Closure of Lake Park personnel are authorized to close the lake or 'portions thereof, to boating, for any of the following reasons: (a) Dangerous water or weather conditions. (b) Unsatisfactory parking or road conditions. (c) Construction or special event activities. 10 - 1.14. Motor Vehicle Speed Limits. It is unlawful for any person within the park to operate a motor vehicle at a - speed in excess of fifteen (15) miles per hour, except as otherwise posted or as provided by law. 10 1. 15. Reckless Use of Vehicle. It is unlawful for any person within the park to drive a vehicle in a careless or reckless fashion so as to endanger the vehicle, its occupants, or any person, equipment, facilities, or property. 10 - 1.16. Road Closure. Park personnel are authorized to close any park road or parking lot. Such authorization may be for the following reasons but are not strictly limited to: 4 tt (a) Construction of facilities. (b) Dangerous road conditions. Such closure shall be posted or otherwise designated by park personnel and restricted to pedestrians only - no motor vehicles. 10 - 1.17 . Conservation. It is unlawful for any person within the park: (a) To receive, bring, or cause to be brought into the recreation area any fish, amphibian, or aquatic plant for any place for the purposes of propagation or use as fish bait without the approval of the Department of Fish and Game of the State of California and the Director of Public Works. (b) To cut, pick, mutilate or destroy any vegetation, except when authorized by the Director of- Public Works. (c) To remove, disfigure or cut soil or rock, except when authorized by the Director of Public Works. 10 - 1. 18 . Damaging Equipment of Others. It is unlawful for any person within the park to mutilate or destroy any equipment or facilities of others. 10 - 1. 19. Burning Material. It is unlawful for any person within the park to throw, palce or otherwise dispose of any burning material except into authorized firepits or incinerators. 10 - 1. 20. Fireworks and Explosives. It is unlawful for any person to receive, bring, or cause to be brought into the park, any fireworks or other explosives, or to fire any fireworks or other explosives within the park. For purposes of public display, a permit must be issued by the Fire Chief, and only after all state and local requirements have been met. 10 - 1. 21. Fire Restrictions. It is unlawful for anyone within the park to build, ignite, or utilize fires except in portable stoves or barbecue pits, of a type approved by park personnel in picnicking areas. 10 1. 22. Unattended Fires. It is unlawful for anyone within the park to leave any fire unattended or to fail to put out a -fire prior to departure. 5 L ' 10 - 1.23. Combustible Material Disposal. It is unlawful for anyone within the park to dispose ofle combusitble materials other than in park trash cans. 10 1.24. Mistreatment of Animals or Birds. It is unlawful for anyone within the park or zoo to molest, injure, or kill any animal or bird, or to allow any child or animal under his supervision to molest, injure or kill any animal or bird. 10 1. 25. Closed Areas. It is unlawful for any person to enter any area of the park which is posted against entry, fenced or obviously hazardous. 10 1. 26. Commercial Activity. It is unlawful for any person or persons to engage in any commercial activity within the park, except as authorized by the City Council. Non-profit agencies may be allowed to conduct fund raising events upon approval by Public Works. Exemptions for business licenses may be granted to non-profit agencies. 10 1. 27 . Skin Diving and Scuba Diving. It is unlawful within the park for any person to engage in skin diving or scuba diving. 10 - 1.28 . Swimming. It is unlawful for any person to swim in any area of Atascadero Lake. 10 - 1. 29. Sign Posting-Temporary Structure Construction. It is unlawful for any person within the park to post or erect a sign, or to construct any temporary structure, except by permit approved by the Public Works Director . 10 - 1.30. Hours of Operation. The hours of operation for public park areas shall be from 6 a.m. until 10 p.m. on a daily basis, unless otherwise posted. Activities specifically scheduled by the City, such as organized recreational activities, are exempt from the closure time. 10 - 1.31. Public Use Fees Public Use Fees for City recreational areas shall be those established by the City Council, as revised periodically by res- olution of the City Council. Such public use fees are necessary to recover costs of services rendered, other than inspection, an costs of control of sanitation and pollution. The fees are fixe* by resolution to the Council. 6 10 - 1. 32. Animals and Pets It is unlawful for any .person within the park to commit any of the following acts: A. To allow any animal or pet under his supervsion to be in the park unless controlled by a leash not to exceed six (6) feet in length, or by a bridal; B. To allow any animal or pet under his supervision to molest, inconvenience or endanger any occupant of the park; C. To abandon any animal or pet under his supervision within the park; D. To allow any animal or pet under his supervision to be outside of an enclosed vehicle at night; E. To leave any animal or pet under his supervision unattended at any time; F. To allow animal or pet under his supervision to be in any park buildings or structures except seeing eye and hearing dogs. G. To allow any animal or pet under his supervision to use the park as a waste area. 10-1. 33. Overnight Camping It is unlawful to camp overnight in any City park or parking place without a special use permit. This permit shall be issued by the City Police Department. 10 - 1.34. Penalties Violations of the provisions of this chapter shall be prosecuted in accordance with the provisions of Chapter 3 of Title 1 of the Atascadero Municipal Code. Section 2. 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, pub- lished, 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. • 7 Section 3. This ordinance shallgo into , effect and be in full force and effect at 12:01 A.M. on the thirty-first (31st) day* after its passage. On motion by Councilman ' , and seconded. by Council Member the foregoing resolution is hereby adopted in its entirety on the following roll call votes ADOPTED: AYES: NOES: DATE: ATTEST: ROBERT M. JONES, City Clerk ROLFE NELSON, Mayor APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager * 8