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HomeMy WebLinkAboutAgenda Packet 12/08/1992 PMC REVIEW COPY # PLEASE DO NET BF.MOL FRGW OOLUTER * NOTICE: THE CITY COUNCIL WILL MEET AT 6:00 P.M. jN AN OPEN STUDY SESSION FOR THE PURPOSE OF DISCUSSINGSOLID WASTE ISSUES. s A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA DOOM DECEMBER 8, 1992 7:00 P.M. s This agenda is prepared and posted pursuant to the requirements of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expresed its intent to discuss and act on each item. In addition to any action identified in he brief general description of each item, the action that may be taken shall include: A refeitrat to staff with specific requests for information; continuance; specific direction to staif concerning the policy or mission of the item; discontinuance of consideration; authorizat on to enter into negotiations and execute agreements pertaining to the item; adoption o approval; and, disapproval Copies of the staff reports or other documentation relating to each item of �usiness referred to on the agenda are on file in the office of the City Cterk (Room 208) and ih the Information Office (Room 103), available for public inspection_during City Halt business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need specl at assistance to participate in a City meeting or other services offered by this City, pteasel contact the City Manager's Office ((805) 461-5010) or the City Clerk's Office ((805) 461-5074). Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide acc ssibility to the meeting or service. RULES OF PUBLIC PARTICIPATION: * Members of the audience may speak on any item� on the agenda. A person may speak for five (5)` minutes. * No one may speak for a second time until everone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item.1 * Council Members may question any speaker; theispeaker may respond but, after the allotted time` has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comments: • Presentation of Plaque to City by Unite� Way/Neighbors Helping Neighbors COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is pro- vided to receive comments from the public on matters other than scheduled agenda items. To increase the effectiveness of Community Forum, the followingrules will be enforced: A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. - * All remarks shall be addressed to Council, as a whole, and not to any individual member' thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. A. _COMMITTEE REPORTS (The following represent ad hoc or `standing committees. Informative status reports will be given,, as felt necessary. ) ; 1. S.L.O. Council of Governments 2. S.L.O. Regional Transit Authority 3. Solid/Hazardous Waste Task Force 4. City/School Committee 5. Traffic' Committee 6. County Water Advisory Board 7 Economic Round Table 8. Colony Roads Committee 9. Liability Claims Review & Finance Committee 10. Homeless Coalition B. CONSENT CALENDAR: All matters listed under Item B, Consent Calendar, are consid- ered to be routine, and will be enacted by one motion in the form listed below. There wil be no separate discussion on these items. A member of the Council or public may,, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendars 1. AWARD OF BID FOR WASTEWATER TREATMENT FACILITY`CENTRAL ALARM SYSTEM 2. RESOLUTION NO. 126-92 --, ADOPTING CITY'S ANNUAL INVESTMENT POLICY 3. REQUEST TO CHANGE POLICY OF PAYMENT OF WARRANTS FROM BI"-WEEKLY TO MONTHLY 2 i 4. RESOLUTION NO. 127-92 - SUPPORTING THE PROPOS�D FEDERAL MAN- DATE RELIEF ACT OF 1993 C. PUBLIC HEARINGS: 1. GENERAL PLAN & ZONING AMENDMENT, 5000, 5020, 5040` & 5060 MARCHANT AVE. (Cont'd from 11/24/92) A. Resolution No. 99-92 -Approving an amenent to the Land Use Map of; the Land Use Element of the City's General Plan (GPA 92-002) B. Ordinance No. 263 - Amending Map 17 0' the Official Zoning Maps by rezoning certain real property at 5000, 5020, 5040, 5060 Marchant Ave. from CPI(FH) to CT(FH) (PD10) (ZC 92-008: Grinnell) (Recommend (1) motion to waive reading" io full and read by title only, and (2) motion to intrpduce on first reading by title only) D. REGULAR BUSINESS: 1. ROAD ASSESSMENT DISTRICT: STREET IMPROVEMENT PROJECT NO. 1992 (Las Encinas I portion of 3-F Meadows and portion of Tecorida Ave. ) A. Resolution No. 129-92 - Approving proposed boundaries of assessment district B. Resolution No. 130-92 - Appointing Bo4d Counsel and Assessent Engineer C. Resolution No. 131-92 - Declaring_ City'l intention to acquire and/or construct improvements 2. REQUEST FOR TEMPORARY SEWER SERVICE HOOK-UP A. Resolution No. 128-92 Permitting tempor�ry sewer hook- up to 8475 San Gabriel Road 3. GENERAL PLAN AMENDMENT CYCLE 92-2 - Initiatio* of October 1, 1992, cycle of proposed General Plan Amendments (two private requests and two City proposals') 4. ORDINANCE NO. 249 - Amending Map 4 of the Off ic al Zoning Maps by rezoning certain real property at 905 El Cimino Real from CT, RS(FH) , and L(FH) (Commercial Touris , Residential Suburban, Recreation, Flood Hazard Overlays)! to CPK and L (PD9) (FH) (Commercial Park and Recreation, Planed Development Overlay No., 9 and Flood Hazard Overlay) (ZC. 02-91: Daven Investments) (Recommend motion to adopt on second reading Oy title only) 3 I 5. ORDINANCE NO. 262 - Amending Map 5, of the Official Zoning Maps by, rezoning certain real property at 4500 Del Rio Road from Public (P) to Residential Suburban (RS) (ZC 92-010: City of Atascadero) (Recommend motion to adopt on second reading by title only) 6. ORDINANCE NO. 264 - Amending Map 22 of the Official Zoning Maps by rezoning certain City-owned real property along Lakeview Drive (ZC 92-011: City of Atascadero) (Recommend motion to adopt on second reading by title only) 7. SELECTION OF 'PLANNING COMMISSIONER FOR ECONOMIC ROUND TABLE E. INDIVIDUAL DETERMINATION ANDIOR ACTIONt 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTICE: The Council will adjourn to a Closed Session for purposes of discussion regarding personnel matters and pending "litigation, entitled (a) City of Atascadero v. Fluitt, and (b) Prescott v. City of Atascadero 4 REPORT TO COUNCIL Meeting Date: 12/8/92 CITY OF ATASCADERO Agenda Item: B-1 THROUGH: Ray Windsor, City Manager FROM: Greg Luke, Director of Public Works��- SUBJECT• Contract award for purchase and installation of Wastewater Treatment Facility Central Alarm System. RECOMMENDATION• Award Contract to Instrumentation and Mechanical Systems Inc. (IMS) for purchase and installation of a Central Alarm System at the Wastewater Treatment Facility. BACKGROUND• The City of Atascadero's wastewater collection and treatment system lacks an automatic alarm system to warn on-duty operators and Standby personnel when a problem occurs at any of the eight remote pumping stations or at the treatment facility itself. When not expeditiously corrected, these problems often result in the spillage of sewage onto City streets or into drainage ditches, creeks and even the Salinas River. The Wastewater Division's five year Capital Improvement Plan called for the expenditure of $50, 000 ($10, 000 in FY 91-92 and $40, 000 in FY 92-93) for the purchase and installation of an early warning alarm system. On June 25, 1991 City Council approved the Wastewater Divisions 1991-92 Capital Improvement Budget which included $10, 000 for the purchase of equipment necessary to begin development of this system. No equipment was purchased in fiscal year 91-92 the $10, 000 budgeted for this CIP was rolled over and approved as part of the Wastewater Division's 92-93 budget. With assistance from several alarm instrumentation firms, specifications were developed for an automatic alarm system which uses ordinary dial-up telephone lines. Upon completion, the system will consist of nine remote autodialers and a central computer station which will allow the monitoring of all critical wastewater equipment from a central location. The central computer will also produce daily equipment status reports and will eventually allow actual control of remote pumping stations from the wastewater treatment facility location. 000000 DISCUSSION• Six instrumentation firms were invited to submit proposals for supplying and installing a complete alarm system. Four firms responded but only one firm responded with a proposal which was on time, which used the bid sheet provided and which met the advertised specifications. The firms that responded were: 1) Instrumentation and Mechanical Systems, Inc. (IMS) . This was the only firm which submitted a written proposal by the November 15, 1992 due date, on the bid sheet provided and which met the advertised specifications. 2) Tesco Controls, submitted a letter which basically indicated that the equipment they supplied was more ; sophisticated than we required and that Atascadero " . . .would be better served by others involved in this architecture. " 3) Mojave Scada submitted a proposal which was two days late and which was not transcribed on the provided bid sheet. This firm's proposal included equipment and software which was more sophisticated than that specified in the City's Request for Proposal and was presented and bid as separate components rather than as a system. No attempt was made to compare their equipment to the system specified and the only reference made to installation, programming and instruction was that "Field engineering services (if needed) can be supplied at $520.00/day plus traveling and living expenses. " 4) FLW Inc. submitted a proposal which was fifteen days late. FLW did not use the bid sheet provided and their proposed system was somewhat less sophisticated and much less user-friendly than the system specified in the City's request for proposal. Although several of the components of this system appear to be less expensive than the IMS system, the total cost of getting FLW's system installed, and performing to the City's satisfaction is unclear. The equipment FLW would provide is not a "package" system and would need to be developed into a system meeting Atascadero's needs. Installation would be on a time and materials basis and the exact computer software, programming and operator training necessary would be determined as the system is developed. SUMMARY• IMS was the only firm which submitted a proposal which was on time, on the bid sheet provided and which met specifications. After receipt of the proposal for a complete system, IMS was contacted and asked if they would be willing to supply and install the system in phases to coincide with Atascadero's planned budget. IMS was positive with their response and submitted a proposal to supply, install and start-up the central station equipment and dialer which will become the cornerstone of the entire alarm system. 000001 0 FISCAL IMPACT• $14,315.00 $10, 000 of this amount is already in the Wastewater Division's FY 92-93 "Sewer Alarm CIP" budget. The additional $4, 315 will be transferred from the Wastewater Division's contingency account. Funding for the purchase and installation of the remainder of this alarm system will be sought from council at the FY 93-94 budget hearing in July of 1993 . Attachments: A) IMS proposal for entire alarm system. B) Modified IMS proposal, subject of current funding request. 0 0 000002 ATTACHMENT "A" BID SHEET CITY OF ATASCADFRO _ SCADA SYSTEM BID DEADLINE: November 15. 1991 NOTICE TO BIDDERS: The bidder is required to fill out this sheet. Failure to do so may be cause for the bid being rejected. DEVIATIONS: Attach a list any and all deviations from the specifications. All deviations will be considered part of the bidder's specifications. BID PRICES: F.O.B. Atascadero; include state and local sales taxes. _ ITEM No. UNIT PRICE TOTAL PRICE Central St t Qn Eauip ent 1 $ 2'770.00 - Voice/Data Auto¢ialer 9 $ 2,960- 00 $- 26,640. 00 Program goftyAre. 1 $ 1, 945.00 3;nstallationIS-tart-un $- 1 3— g400. 0 0 Instrugtion/Hour_ 4 $ 9 0. 0 0 $ 36Q.0 0 Included above for Sales Tax $_, m tgria is $ only TOTAL PRICE (Including sales taxg 63,115.00 ditional Cost of Contact Inuut Channels/RTU 4 $ 14.A. _ $ 780. 00 TO: City of Atascadero, Department of Public Works in compliance with the above instructions, the undersigned agrees, if this offer is accepted within thirty days from the bid due date, to f ish any an a tems upon which prices are offered, at the pri set op p to ch rtes, delivered to the City of Atascadero a sta is ate: Agri l 15, 1923 -• Darrell E. Jordan President Signature and Title of/Authorized Agent Date Instrumentation and Mechanical Systems, Inc. Name of Firm California State Contractor's License No. 255574 l02 E. Elm Ave. Fullertong CA 92§31 Address Telephone Number:_ 714/526-2251 - 13 000003 ATTACHMENT "B" INSTRUM-ENTATION AND MECHANICAL SYSTEMS, INC. 1009 EAST ELM AVENUE• FVLLERTON,CALIFORNIA 92631 • (714) 526-2251 November i6, 1992 City of Atascadero Wastewater Operations Division 6500 Palma Avenue Atascadero, CA 83422 Attention: Nark Markwort Chief at Wastewater Operations Subject : SCADA System Bid Gentlemen: Confirming our phone gonversation this morning, we hereby agree to furnish and install all central station equipment and one remote site autodialer for our bid and/or proportional bid prices as follows : Central Station Equipment 23770 One Autodialer 2x960 Program Software 1, 848 Installation/Start•-up (20%) 6, 280 4 Hours Instruction 360 Total Price (Including sales tax) 6 14, 316.00 Very sincerely yours, INSTRUMENTATION AND MECHANICAL SYSTEMS, . Darrell E. Jordan, P.E. President DEJ :ph California State Contractor's License Na. 288674 000004 REPORT TO CITY COUNCIL Agenda Item: B-2 CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 12/8/92 From: Micki Korba, City Treasurer '�X,G Mark Joseph, Administrative Ser4ces Director` ' U SUBJECT: Renewal of City Investment Policy RECOMMENDATION: Approve Resolution 126-92, the City' s Annual Investment Policy. BACKGROUND: Prior to January 1992, State law required the City to review its Investment Policy on an annual basis. Although that mandate has been sunseted, it is nonetheless prudent to annually review the document. The statement set forth in Resolution 126-92 is essentially the same as existing policy. Only minor administrative changes were made. FISCAL IMPACT• No adverse impact is expected. a:investpol #3A 000005 RESOLUTION NO. 126-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, TO ADOPT ITS ANNUAL INVESTMENT POLICY WHEREAS, the City of Atascadero was required by state law to adopt an Annual City Investment Policy for idle funds; and WHEREAS, to maintain consistency and in accordance with Section 10.0 of the previous policy set forth in Resolution No. 109-91; and WHEREAS, it is the responsibility of the City Treasurer to propose such a policy as well as it is an indication of good business sense and prudent practice. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Atascadero does re-adopt, with minor revisions, the attached Investment Policy (Exhibit "A" ) to be followed by the City Treasurer in the investment of the City' s idle funds. On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney APPROVED AS TO CONTENT: MURIEL C. RORBA, City Treasurer 000006 Resolution No. 126-92 . EXHIBIT "A" Page 1 CITY OF ATASCADERO STATEMENT OF INVESTMENT POLICY 1.0 PIOLICY It is the policy of the City of Atascadero to invest public funds in a manner which will provide the highest investment return with the maximum security, while meeting the daily cash flow demands of the City of Atascadero and conforming to all state, county and local statutes governing the investment of public funds -- safety, liquidity, and yield (SLY) . 2.0 SCOPE This investment policy applies to all financial assets of the City of Atascadero. These funds are accounted for in the City of Atascadero' s Comprehensive Annual Financial Report and include: 2.1 Funds 2.1.1 General Fund 2.1.2 Special Revenue Funds 2.1.3 Capital Project Funds 2.1.4 Enterprise Funds 2.1.5 Trust and Agency Funds 2.1.6 Retirement/Pension Funds 2.1_T Any aew funds unless specifically exempted. 3.0 PRUDENT - Civil Code #2261 Investments shall be made with judgment and care -- under circumstances thea prevailing -- which persons of prudence, dis-- cretlom and intelligence exercise- is the management of their own. affairs, aot for speculation. but for investment, cons.ideri.ncq the- probable safety of their capital as well as the probable income to be- derived. 3.1 The- standard of prudence, to be. used by investment officials shall- be the- "prudent person'" standard and shall be applied is the context of managing am overall portfolio. Investment offL-- cern acting' is accordance- with: writtem procedures and the investment policy and. exercising due- diligence: shall. be- relieved- of elievedof: persona.L responsibility for am individual security' s credit risk or market price changes, provided: deviations. from: expecta- tions are reported is a timely fashion and appropriate- action is. takea. to control adverse• developments. 4.0: DEIZCATIOff OF' ADTSORITY — Per Code- 453607 46.1- All solicitations. for investments shall be made to and 00000'7 Resolution No. 126-92 EXHIBIT "A" Page 2 4.2 All brokers/dealers must have an application on file that has been previously approved before any investment can be made through them. 4.3 Two signatures shall be required for any purchase of C.D. Is or other type of investment, except LAIF and Orange Co. Invest- ment Pool. The two signatures shall be that of City Treasurer and Finance Director. If the latter is unavailable, the City Manager may substitute. 4.4 Any out-of-state investment shall require consultation. with and approval of the City Attorney. State laws differ and addi- tional requirements may be appropriate for the safety of any investment. 5.0 REP01ZT2NG 5.1 The Treasurer shall submit a monthly investment report to the City Council. This report will include all required elements of the monthly report as prescribed by Government Code Section. 41004. Required elements of the monthly report: Type of Investment 5.1.2 Institution. 5.1.3 Date of Maturity 5.1.4 Amount of Deposit or Cost of the Security 5.1.5 Current market value of securities with maturity in excess of 12 months. 5.1.6 Rate of Interest 5.1.7 Statement relating the report to the Statement-of- investment tatement_o£Investment Policy. s.1.8: Statement that there are sufficient funds to meet the nese 30 days ' obligations. 5.1.9- Effective January 1, 1991 accrued Interest as prescribed by the- California Code Section. 53646•. 6=.0� SAFSREEPING AND' CUSTODY' All. security transactions, including- collateral fot repur- chase agreements, entered into by the City- ot Atascadero shall be- conducted. o= a delivery-versus-payment (DVP) basis. Securities will be held by a thud party custodian designated by the Treas- urer and evidenced by safekeeping receipts. 000008 Resolution No. 126-92 EXHIBIT "A" Page 3 7.0 DIVERSIFICATION The City of Atascadero will diversify its investments by security type and institution. With the exceptions of U.S. Treasury securities and authorized pools -- such as the State LAIF and Orange County Agency Investment Fund -- no more than 10% of the City of Atascadero's total investment portfolio will be invested in a single security type or with a single financial - institution. 7.1 Permitted investments/deposits Securities of the U_S. Government Certificates of Deposits Negotiable Certificates of Deposit Bankers Acceptances Commercial Paper Local Agency Investment Fund (State Pool) County Agency Investment Fund Passbook Deposits Repurchase Agreement Reverse Repurchase Agreements 7.2 Competitive Bids-Purchase and sale of securities should be made on the basis of competitive offers and bids when practical. 7.3 Purchases shall be made only with corporations in a rating category of "A" or its equivalent or better by a nationally recognized rating service. 8.0 NMXMWE t KATURITIES To the, extent possible, the City of Atascadero will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City of Atascadero will not directly invest in securities maturing more than 2 years from the date of purchase. 9.0 INTERNAL CONTROL 91.1 A system of internal control shall be established and docu- mented in writing_ The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in. financial markets, or imprudent actions by employees and officers of the City of Atascadero. Controls deemed most important include: Control of collusion, separation of duties, separating, transaction. authority from accounting and recordkeeping, cus- todial safekeeping, clear delegation. of authority, specific 000009 Resolution No. 126-92 EXHIBIT "A" Page 4 limitations regarding securities; losses and remedial action, written confirmation of telephone transactions, minimizing the number of authorized Investment Officials, documentation of transactions and strategies, and code of ethics standards. 10.0 STATMCENm OF INVESTMENT POLICY The Statement of Investment Policy shall be reviewed and submitted annually to the City Council of:,the City of Atascadero. MURIEL C. KORBA, City Treasurer City of Atascadero 000010 REPORT TO CITY COUNCIL Agenda Item: B-3 CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 12/8/92 From: Mark Joseph, Administrative Services Director SUBJECT: Approving Once-A-Month payment of warrants (accounts payable) . RECOMMENDATION: By motion, approve the change from biweekly checkruns to monthly checkruns. _ BACKGROUND: Currently, the City issues checks to vendors on a monthly basis. In order to balance workloads and facilitate departmental operations, biweekly checkruns were established. At a Finance Committee meeting, it was suggested that only a once-a-month check run be adopted to help the City' s cash flow. Hand checks (or perhaps a mini-checkrun) would be issued to take advantage of cash discounts (for early payment) or to avoid service charges. Departments have been notified of the pending change, to be effective in January, 1993. Our regular vendors will be notified in writing upon approval by the full Council. FISCAL IMPACT: The additional interest earnings by delaying payments could increase City revenues by $1,500-2,500 per year, depending upon interest rates earned by the City. a:once-a-month #3A 000011 GARY A. CONDIT MEETING AGENDA W1529 TON O 20515 0515 15TH DISTRICT,CALIFORNIA _ DATE 12/8/92 ITEM i B 4 r.. (202)225-6131 COMMITTEE ON AGRICULTURE DISTRICT OFFICES: FEDERAL BUILDING SUBCOMMITTEE ON 415 WEST 18TH STREET COTTON,RICE,AND SUGAR Cottgrto of the Nuttiteb *tateg MERGED,CA 95340 SUBCOMMITTEE ON (209)383-4455 STOCK,DAIRY,AND POULTRY 920 13TH STREET Rouge of Repregentatibeg MODESTO,CA 95354 COMMITTEE ON (209)527-1914 GOVERNMENT OPERATIONS Wa0ington, ;D(C 20515-0515 15TH DISTRICT T� SUBCOMMITTEE ON - TOLL FREE: 1-800-356-6424 GOVERNMENT INFORMATION, JUSTICE,AND AGRICULTURE SUBCOMMITTEE ON GOVERNMENT ACTIVITIES November 12, 1992 AND TRANSPORTATION - The Honorable Robert Nimmo Mayor City of Atascadero 6500 Palma Avenue Atascadero, California 93422 Dear Mayor Nimmo: I am writing to you to ask for your assistance in putting an end to unfunded federal mandates on local and state governments. During the last session of Congress, I made an attempt to amend the Voting Rights Language Assistance Act of 1992 so that the federal government would pay for the added costs incurred by local governments for implementation of this law. This amendment was defeated by only 2 votes on the House floor. During a mark-up on August 11, 1992 the Chairman of the House Committee on Government Operations, Representative Conyers (D-MI) , agreed to work with me on this issue. As you know, this Committee has jurisdiction over federal mandates. I have enclosed a draft of proposed legislation which would require the federal government finance any state and local government mandates it enacts. We need to take immediate action to ensure that the federal government does not continue to put additional unfunded mandates on state and local governments. We also need hard data on the cost of existing- federal mandates on local and state governments so that we can demonstrate to Congress and the Administration the magnitude of the problem. If we are going to succeed in this effort, we need your support. I urge you to adopt a resolution supporting an end to unfunded federal mandates on local and state governments and to assess the fiscal impact of existing federal mandates on your jurisdiction -- how much they cost and the amount and source of revenue that needs to be raised to offset them. THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS /� ' 00012 The Honorable Robert Nimmo November 12 , 1992 Page 2 I look forward to hearing from you in the very near future on this issue of importance to the cities and counties of California. I would also appreciate your comments on the enclosed draft copy of my legislation. Please feel free to telephone me if you would like to - discuss this matter with me directly. Sincerely, (2--. GARY A. CONDIT Member of Congress GAC/ad Enclosures i 000013 RESOLUTION NO. 127-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SUPPORTING THE PROPOSED FEDERAL MANDATE RELIEF ACT OF 1993 WHEREAS, Unfunded Federal mandates on state and local governments have become increasingly extensive in recent years; and WHEREAS, Such mandates have, in many instances, added to growing deficits in state and local budgets and have resulted in the need for state and local governments to increase revenue or curtail services; and WHEREAS, Such excessive fiscal burdens on state and local governments have undermined, in many instances, the ability of state and local governments to achieve their responsibilities under state and local law. NOW, THEREFORE BE IT RESOLVED, That the City of Atascadero does hereby endorse the efforts of Congressman Gary Condit to have the Federal Government accept full responsibility for paying the direct costs incurred by state and local governments in complying with legislative mandates. On Motion by Councilmember seconded by Council- member , the foregoing resolution is hereby adopted on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 000014 REPORT TO CITY COUNCIL is CITY OF ATASCADERO A ends Item: _ Through: Ray Windsor, City Manager Meeting Date: 11�/24//992 File No: GPA 92-002 ZC 92-008 From: Henry Engen, Community Development Director . SUBJECT: Public Hearing to consider a General Plan Amendment and Zone Change to change the General Plan's land use designation and zoning from "Office" to "Tourist Commercial" and from CP (Commercial Profes- sional) to CT (Commercial Tourist) , respectively at 5000, 5020, 5040, and 5060 Marchant Avenue. RECOMMENDATION: 1. Adopt Resolution No. 99-92 approving GeneralPlan Amendment 92-002 . 2 . Adopt Ordinance No. 263 approving Zone Change 92-008 as follows: (a) Motion to waive reading Ordinance 263 in full and approve on first reading, by title only. BACKGROUND: During recent City-wide General Plan Update hearings, it was agreed by the applicant and City Council that the proposed re-designation of the site from "Commercial Retail" to "Office" merited reconsid- eration and that a "Commercial Tourist" designation might be more appropriate. Rather than delay adoption of the General Plan Update, however, the City Council agreed to refer this alternative to the General Plan Amendment cycle. On October 20, 1992, the Planning Commission recommended the subject General Plan Amendment and Zone Change after refining the Planned Development use list in response to public comments HE:ph Attachments: Planning Commission Staff Report - 10/20/92 Planning Commission Minutes Excerpt 10/20/92 Resolution No 99-92 - GPA 92-002 Ordinance No. 263 - Zone Change 92-008 000015 4"19" CITY OF ATASCADERO Item:—B . 2 STAFF REPORT FOR: Planning Commission Meeting Date: October 20, 1992 BY: Gary Kaiser, Associate Planner,,, File No: GPA #92002 ZC #92008 SUBJECT: Amend General Plan Land Use Map to change land use designation of the subject site from "Office" to "Tourist Commercial. " Project includes corresponding zone change from CP (Commercial Professional) to CT (Commercial Tourist) with a planned development (PD) overlay. RECOMMENDATION: The Planning Commission should recommend to the City Council the following actions: ( 1) approval of General Plan Amendment #92002 based on the Findings contained in the Draft Resolution (Attachment G) ; and (2) approval of Zone Change #92008 based on the Findings and land use provisions contained in the Draft Ordinance (Attachment H) . SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . . . ..City of Atascadero 2. Project Address. . . . . . . . . . . . . . . . .5000 - 5060 Marchant Ave. 3. Legal Description. . . . . . . . . . . . . . .Pcls 1 - 4, PM 48/OR/62 4. Site Area. . . . . . . . . . . . . . . . . . . . . . . 1.42 acres (net) 5. Zoning. . . . . . . . . . . . . . . . . . . . . . . . . .Comm. Prof./FH Overlay 6. General Plan Designation. . . . . . . .Office 7 . Existing Use. . . . . . . . . . . . . . . . . . . .Vacant 8. Environmental Status. . . . . . . . . . . .Negative Declaration posted September 29, 1992 BACKGROUND: There is indeed much history with respect to development of the subject property. Under the 1980 General Plan, for example, the 1 000016 -000;3A8 site was targeted for High Density Multiple Family use. In 1986, a precise plan application was approved for construction of a 7- unit apartment complex. With the simultaneous approval of the "Bordeux House" apartment complex at the south end of the City, however, the approved 7-unit project was no longer thought financially feasible by the applicant. In 1987, applications to amend the land use designation and zoning of the site from Multiple Family Residential to Commercial Retail were approved. By 1988, both a tentative parcel map and precise plan application had gained approval to subdivide the site (then three original Colony lots) into four (4) parcels and establish a commercial center. A final map consistent with the approved tentative map has now been recorded and the 1988 precise plan, as revised in 1990, remains alive today. A grading permit has been issued (for grading, drainage and parking lot improvements) , but no building permits or other specific land use entitlements can been granted unless found consistent with the provisions of the CP zone. The uses desired by the applicant are, and since 1988 have been, other that those allowed under the present CP zone. Development of the site, in accordance with prior approvals, has therefore come to a standstill. During recent City-wide General Plan Update hearings, it was agreed by the applicant and City Council that the proposed re- designation of the site from "Commercial Retail" to "Office" was undesired and that a "Commercial Tourist" designation would be most appropriate. Rather than delay adoption of this City-wide General Plan Update, however, the City Council agreed to consider a subsequent General Plan Amendment and Zone Change application. On May 12, 1992, the City Council formally concurred with the recommendation of the Planning Commission to initiate the subject General Plan Amendment and Zone Change. ANALYSIS• This project, which is a request to change the General Plan' s land use designation and corresponding zoning of the site only, is considered a "clean up" effort to correct an undesired map change reluctantly made in the course of adopting the 1992 General Plan Update. As stated above, the Council acknowledged its discontent with the present "Office" designation of this site during recent General Plan Update hearings, and soon thereafter voted to initiate the changes now being considered. The establishment of a Tourist Commercial land use designation and zoning for the property rather than Office, would indeed better reflect other commercial zoning patterns in the area. The changes would enable the applicant to develop the site in substantially the same manner as originally planned under the 2 00001'7 previous Commercial Retail (CR) zoning and already approved by precise plan. Staff ' s recommendation to attach a planned development (PD) overlay zone onto the proposed CT zoning would (1) recognize the site' s proximity to, and potential effect on, residential properties and (2) recognize physical constraints of the site related to traffic, noise, and drainage. Furthermore, the recommended PD overlay zone would "lock-in" development per the approved precise plan and effectively eliminate some uses allowed in the CT zone which are clearly inappropriate for this particular site. The "locking-in" of physical on-site improvements also plays a key role in supporting the environmental determination made for the current proposal, as explained below. Environmental Review An Initial Study has been conducted and a Negative Declaration has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) . The Negative Declaration prepared for the approved and still valid precise plan has been legitimately used for reference in reviewing the current proposal, as the current proposal would result in individual uses of equal or lesser intensity than was the case under the prior CR zoning. Therefore, the current General Plan Amendment and Zone Change . applications do not have the potential to cause impacts not already addressed. This is only true, however, if physical development of the site substantially conforms to the approved precise plan. Any development proposal which does not substantially conform to the approved precise plan would trigger subsequent environmental review. Fiscal Impact The fiscal impact model was used to assess the effect of the proposed General Plan Amendment and Zone Change on the City' s general fund. A graph showing a possible buildout scenario under existing zoning is contained in Attachment E. Here, the construction of four (4) office buildings was assumed. The shaded bars represent general fund costs; the solid bars represent general fund revenues. As the costs to the City continue to rise, revenues (property tax and business license fees) remain fixed. A graph showing possible buildout of the site under the proposed CT zoning is contained in Attachment F. Here, it was assumed the site would contain a motel, two restaurants, and an auto dealer. As the graph shows, general fund revenues (which now include bed tax and sales tax) far exceed costs for the foreseeable future. 3 000018 CONCLUSIONS• The subject General Plan Amendment and Zone Change applications, which are essentially a "follow-up" to the recent City-wide General Plan Update, provide a means to satisfy the needs of both the applicant and the City. First, the changes would allow the applicant to proceed with his plans for site development in accordance with the approved precise plan. Second, the City (meaning primarily those residing near the site) would be provided the opportunity for notice and hearing with respect to uses proposed at this location which are potentially objectionable with respect to noise, appearance and/or traffic. Staff ' s recommended PD overlay zone would also accomplish the following: ( 1) it would "lock in" physical development of the site per the approved precise plan, thereby Justifying environmental findings recommended herein; and (2) it would provide the opportunity to eliminate some uses otherwise allowed in the CT zone which are clearly not appropriate for this site (i.e. , service stations, recreational vehicle parks, collection stations, etc. ) . The proposed General Plan Amendment would trigger no internal inconsistencies within the General Plan text, and the proposed zone change, as influenced by the recommended PD overlay zone, would clearly advance land use compatibility efforts in the immediate neighborhood. ATTACHMENTS: Attachment A - Location Map (General Plan) Attachment B - Location Map (Zoning) Attachment C - Developer' s Statement Attachment D - Negative Declaration Attachment E - Fiscal Impact (Existing Zoning) Attachment F - Fiscal Impact (CT Zoning) Attachment G - Draft Resolution No. 99-92 Attachment H - Draft Ordinance No. 263 GPA92002/ZC92008.sr i 4 000019 '08 ATTACHMENT A Location Map ( Gen . Plan ) CITY OF ATASCA.DERO GPA #aaoo-a = zc #92008 COMMUNITY DEVELOPMENT DEPARTMENT J 4 . 1 00* 00 • ,. 000012.10 9494L ITS& IM too 7;9 all .1 4k rol tA Mal r" ATTACHMtINT t+ ✓ Developer' s Statement GPA #92002 ; zC #92008 JAMES E. GRINNELL RECEIVED FEB 21 1992 400 Oakhill Drive 93436 COMMUNITY DEVELOPMENT FebrruuaryC21, 1990 Mr. Henry Engen, Community Development Director City of Atascadero City Hall HAND DELIVER Atascadero, California Re: 4 lots, Tecorida/Marchant Dear Henry: Behind Super 7 Gas, A&W As you are aware, for the past seven years, I have been trying to find a viable use for this property. When I first bought it, I had apartments approved; just before construction, there were 700 apartments approved south, near the state hospital, and the rental market plunged! So, after considerable expense, the Planning Commission approved a re-zoning to Commercial-Retail and also approved a Precise Plan to permit four buildings on four lots (instead of the old three lots) . These lots were recorded in 1991. I have posted a cash bond for the street improvements, which are now ongoing. Not only do I have the cost of the land, but I have since spent easily $60,000 on grading improvements, engineering, city fees, etc. , plus over $80,000 in interest. The property would be developed by now, except for the Sensibaugh-Fielding debacle that I was caught in the middle of. I firmly believe that every stumbling block is another stepping stone to opportunity. At the present time, the City wants to re-name the short section of Tecorida Avenue. Several names have been proposed, but the one I favor is "Memory Lane." This harkens back to a simpler time. This street is so beautiful with its magestic Sycamore trees, it will be ideal for street gatherings, such as Chamber of Commerce mixers. It also ties in with my current development plans utilizing the existing Precise Plan approvals, which have been extended to November, 1992. I want to number the four buildings with an old numbering system: 1 Memroy Lane, 2 Memory Lane, etc. (Or, Memory Lane #1_, Memory Lane #2, etc.) I have oral commitments and am having new plans drawn for two new buildings: a SD's style restaurant, and a place called "Memories," which will serve beer & wine to the 40+ crowd. These two buildings and their uses will be very compatable with the motel; at the present time, there is little or no evening entertainment in Atascadero for our guests. The restaurant will serve meals for all three meals: breakfast, lunch, and dinner, as well as cater to groups. �000A"! Page 2, Henry Engen I am very concerned about the new "office zoning." I tried to find a medical clinic for the property, but to no avail.; Currently, the city has excess, vacant office s_nace--even on Morro Road--which is superior to this space. I paid a fee to the City to have it zoned Commercial-Retail, and I like that zoning because it permits a flexible approach: restaurants, offices, motels, etc. The site itself would rule out a furniture store or other use which would be non-compatable. A zoning which I could live with would be Commercial-Tourist, but it is more limiting. In these hard economic times, I believe that planning should be more flexible, rather than less flexible. The adjoining uses are compatable with leaving the property Commercial-Retail. That is the zoning that I have been proceeding under. To change it to "offices" would create an economic hardship, and be grossly unfair to me. As you will recall during our conversations in January, this site has General Plan conflicts, which have to be resolved by the Planning Commission and Council. I would be pleased to address either or both groups if given advance notice of the appropriate meeting time. I look forward to discussing this important matter with you. Sincerely, James E. Grinnell 0000;23 J ATTACHMENT D Negative 2 ; ZC #9ion CITY OF ATASCADERO ?I • •• • • .4 GPA #92002 ; #9200 8 OCAD , COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ATASCADERO ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION C0b9ATJN=DEV=PMENT DEPT. 6500 PALMA AVE. ATASCADERO.CA 93422 (805)461-5035 APPLICANT: -374-WS GQ��ttEt.L- 90o L.cm?u--, PROJECTTITLE: 9Zoi PROJECT LOCATION: � _•.... soba ry't�,�.c�,.s�- C�'�"''( �32s�i�cua� PROJECT DESCRIPTION: � S CCC' �i735w� ` 6-4'R.c� " rt'D "C-a�Mrn/1.E4.G��-�- '�"��2�..Zi • FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project wia not achieve short-term to the disadvantage of long-term eavtronmental goals. 3. The project does not have impacts which are individually Umited.but ccmuladveiY considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETER]1MATION: Based on the above findings.and the information contained in Lhe initial study(made a part hereof by refer- ence and on Me in the Community Development Department).it has bees determined that the above project will not have an adverse impact on the environment Henry Engen Community D velopmen hector Date Pasted: Step . 29t, l9(-t Z Date Adopted: . cao i c-e. ;Q�QQ2� ATTACHMENT E 'y ` CITY OF ATASCADERO Fiscal Impact (ex. zonin ,!` GPA #92002 ; ZC #92008 — ' COMMUNITY DEVELOPMENT ., DEPARTMENT General Fund Revenue vs. Expenditures All figures in Current dollars $25 ..........................._..........._..................... $15 .........................._........_...__...._- L � O M O L $10 $0 - 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 1995 1997 1999 2001 2003 2005 2007 2009 2011 2013 Year Operating Expenses =Revenues - i 000025 ATTACHMENT KI-44 CITY • . • Fiscal • -ct • ninc • A 11 • 11 : COMMUNITY DEVELOPMENT DEPARTMENT General Fund Revenue vs. Expenditures All figures in Current dollars 11 9 : / . 1 • / • e 1 1 • • � 1996, 1,998 2000 2002 20062004 11 : 2010 2012 1995 1997 • • • 2001 2003ee ee ee • 201 1 2013 Year = Operating Expenses = Revenues 000026 ATTACHMENT "G" RESOLUTION NO. 99-92 A RESOLUTION OF THE- COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP OF THE LAND USE ELEMENT OF THE CITY'S GENERAL PLAN (GPA #92002: Grinnell) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan, whichwas prepared in the 1970' s and adopted in 1980 to guide the City's general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on October 20, 1992; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1. The proposed General Plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2. The proposed General Plan amendment will not have a significant adverse affect on the environment. The Negative Declaration prepared for the project is adequate. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA #92002 as follows: 1. Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A" . On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: 000027 Resolution No. 99-22 Page 2 AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA - Robert P. Nimmo, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director 000028 ''00421 RESOLUTION NO. 99-92 EXHIBIT A Page 1 of 1 U _J -i i• •• i• -i•�• • • • •• •i i i• •�•��i ••• i i i• •i i oft 1 NO- CnrV► 6 L t2e;f��.. • SITE • w FROM: (OFFICE) TO: "'TOUR'IST COMMERCIAL& New Designation="ABC" Old Designation=(XYZ) 000029 ATTACHMENT "H" ORDINANCE NO. 263 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 17 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 5000, 5020, 5040, 5060 MARCHANT AVENUE (FMLY 6325 TECORIDA AVENUE) FROM CP(FH) TO CT(FH) (PD1O) (ZC #92008: GRINNELL) WHEREAS, the proposed zoning map amendments are consistent with the General Plan in effect at the time of application acceptance, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on October 20, 1992, and has recommended approval of Zone Change #92008. • NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with surrounding land uses and the zoning in effect at the time of application acceptance. 2. The proposal is consistent with the General Plan in effect at the time of application acceptance. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 5. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 000030 Ordinance No. 263 Page 2 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 7. The proposed plans offer certain redeeming features to compensate for requested modifications. Section 2. Zoning Map. Map number 17 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify the parcels ;listed!ibelow, and shown on the attached Exhibit A, which are hereby made a part of this ordinance by reference. Parcels 1, 2, 3, and 4; PM 48/OR/62{ (AT 88-099) Development of said property shall be in accordance with the standards of the Planned Development Overlay Zone No. 10 (Exhibit B) , the approved Master Plan of Development (Exhibit C) , and any conditions of approval imposed during the approval, of this zone change and/or any other associated applications. Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 136933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in' full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by and seconded by the foregoing Ordinancl is approved by the following roll call vote: AYES: NOES: ABSENT: 000031 Ordinance No. 263 Page 3 By: DATE ADOPTED: ROBERT P. NIMMO, Mayor City of Atascadero, California ATTEST: LEE RABOIN, City Clerk RAY WINDSOR, City Manager APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director 0 000032. '00 Y-- ORDINANCE NO. 2 6 3 EXHIBIT A Page 1 of 1 46 J LLA • SITE FROM: (CP)I TO: "CT (PiD10 ) r \l I J � Q L � I FH) o - .i 0 Z L d N New Zone="ABC" Old Zone=(XYZ) All Overlay Zones to remain unchanged 00003 Ordinance No. 263 Exhibit B 9-3.654. Establishment of Planned Development Overlay Zone No. 10 PD 10 Planned Development Overlay Zone No. 10 is established as shown on the Official Zoning Maps (Section 9-1. 102) . The following development standards applicable therein are also established: (a) All physical development of the site shall conform to an approved Master Plan of Development. Applications for a Master Plan of Development shall be made in the same form as that prescribed for either a conditional use permit or tentative map. Any conditions of approval imposed during approval of the Master Plan of Development, or any associated application, shall be complied with. (b) Allowable Uses: The following uses shall be allowed in Planned Development Overlay Zone No. 10: 1. Eating and drinking places (exclusive of drive through facilities) 2. Hotels and motels 3. Libraries and museums 4. Temporary Events (See Section 9-6.177) 5. Amusement Services 6. Temporary and seasonal sales (See Section 9-6. 174) 7. Offices 8. Personal services, where areas of use are less than 1000 square feet per store (c) Conditional Uses: The following uses may be allowed if specifically approved in conjunction with the aforementioned Master Plan of Development for the site, or an approved amendment thereto: 1. Indoor recreation services 2. Public assembly and entertainment 3. Auto, mobilehome and vehicle dealers and supplies (See Section 9-6. 163) 4. Sales lots (See Section 9-6. 139) 0000:34 -+eoets ORDINANCE NO. 2 6 3 1 EXHIBIT C Page 1 of 1 I �nrvz.l. 1 �yrw li ---------� ' �-AAPS~iH.wurs� u/r•� ,/ �.wawiir +pr\, Ohk! �. _ ...._.. Fr lit lit ItIt vt iv = � rrr i•s` 'N• • �' �� T 1 � lit 1 �* l r+`1 . 11 MASTER PLAN OF DEVELOPMENT ( see PP #20-88, revised) -000035 '.000 PLANNING COMMISSION MINUTES EXCERPTS CITY OF ATASCADERO PLANNING COMMISSION 10/20/92 ACTION MINUTES SUBJECT: B.2. GENERAL PLAN AMENDMENT 92002 AND ZONE CHANGE 92008 Application filed by the City of Atascadero changing the General Plan' s land use designation and zoning from "Office" to "Tourist Commercial" and from CP (Commercial Profession- al) to CT (Commercial Tourist) , respectively. Subject site is located at 5000, 5020, 5040, and 5060 Marchant Avenue. STAFF RECOMMENDATION: Commission recommends to Council (Kaiser) : 1. Adopt the Negative Declaration for this project; 2. Approval of GPA 92002 based on the Findings contained in draft Res. No. 99-92; 3. Approval of ZC 92008 based on the Findings and land use provisions contained in draft Ord. No. 263, as amended in staff ' s report to the Commission at this public hearing. TESTIMONY: Bob Borba, 9436 Carmel Rd. , who owns a piece of property on Tecorida near the subject site, expressed that Allowable Use #1, "eating and drinking places", should require Conditional Use approval so as to better define what a drinking place is. Five persons in attendance concurred with Mr. Borba' s comment. Ben McClain, owner at 6350 Alcantara, testified in opposition to bar and nightclub uses at this location, primarily due to in- creased traffic flow and noise, and those uses should at least require Conditional Use approval. He noted the proximity of original Colony homes to this parcel. Jim Grinnell, applicant, provided copies of an "appropriate allowed uses" list for the property (attached as Exhibit A) to the Commission & audience and spoke in support thereof. He also expressed support for returning the zoning to CR. In considera- tion of the concerns expressed by others present, he indicated amenability to limiting the uses of the corner lot closest to residential properties, although opposed to the C.U.P. process because it is time-consuming and, therefore, costly. Lorraine Russell, who owns four multi-family-zoned lots adjacent to the subject property, testified in opposition to a bar use on Mr. Grinnell ' s property. 000036 100ftee - ACTION MINUTES, 10/20/92, cont'd SUBJECT: B.2. GENERAL PLAN AMENDMENT 92002 AND ZOOE CHANGE 92008 ACTION: Approve per staff recommendations, as amended (see attached revised allowable and conditional uses (Ord. No. 263) Motion: Lochridge Second: Berger AYES: Carden, Hanauer, Lochridge, Berger, l', Edwards, Miller, Johnson NOES: None ABSENT: None I' 000035 RESOLUTION NO. 99-92 A RESOLUTION OF THE- COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP OF THE LAND USE ELEMENT OF THE CITY'S GENERAL PLAN (GPA #92002: Grinnell) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan, which was prepared in the 1970' s and adopted in 1980 to guide the City' s general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on -October 20, 1992; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1. The proposed General Plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2. The proposed General Plan amendment will not have a significant adverse affect on the environment. The Negative Declaration prepared for the project is adequate. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA #92002 as follows: 1. Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A" . On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following roll -call vote: oeafte_ Resolution No. 99-22 • Page 2 AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA Robert P. Ni.mmo, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director • 000041 '" 'es' RESOLUTION NO. 99-92 EXHIBIT A Page 1 of z • • • • • • • • • • • . V ••• •• ••••1• ••`�•• iii• T• ••r�i i• • • •••��i i z SITE slow FROM: (OFFICE) u TO: "TOURIST COMMERCIAL- •:�; New Designation="ABC Old Designation=(XYZ) 000042 Ordinance No. 263 Exhibit S 9_-3.654. Establishment of Planned Development -Overlay Zone No 10 Pf D 101 . Planned Development Overlay Zone No. 10 is established as shown on the Official Zoning Maps (Section 9-1.102) .. The following development standards applicable therein are also established: (a) All physical development of the site shall conform to an approved Master Plan of Development. Applications for a Master Plan of Development shall be made in the same form, as that prescribed for either a conditional use permit or tentative map. Any conditions of approval imposed during approval of the Master Plan of Development, or any _ associated application, shall be complied with. (b) Allowable Uses: The following used shall be allowed in Planned Development Overlay Zone No. 10: ' 1. Eating and drinking places (exclusive of drive through facilities) 2. Hotels and motels 3. Libraries and museums 4. Temporary Events (See Section. 9-6.177) 5 Amusement 45. Temporary and seasonal sales (See Section 9-6.174) �6. Offices 87. Personal services, where areas of use are Iess than 1000 square feet per. store (a) Conditional Uses: The following uses may be allowed if specifically approved in conjunction with the aforementioned Master Plan of* Development for the site, or an approved amendment thereto: I. Indoor recreation services. 2. Public° assembly and entertainment. 3. Auto, mobilehome and vehicle- dealers: and supplies- (See Section 9-6.163) 4. Sales lots (See Section 9-6.139) 5. Amusement Services 000229 0000:37 (REVISED 10 -20-92 Gy-"1517 A Appropriate allowed uses for Grinnell property at Marchant/Tecorida/Alcantara: Amusement (indoor) Arcade Auto sales/vehicle dealer (used) bed & breakfast broadcast studios commercial storage/mini-storage _ churches equipment rental/sales financial services funeral services furniture/furnishings general merchandise store Health care services horticulture specialties light repair 'services mail order & vending multiple family dewllings offices personal services/laundromat personnel services retirement hotel sales lot skilled nursing facility small scale manufacturing social & Services organization temporary event temporary offices vehicle equipment & storage vocational school motel/hotel photography studio 000038 ORDINANCE NO. 263 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 17 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 5000, 5020, 5040, 5060 MARCHANT AVENUE (FMLY 6325 TECORIDA AVENUE) FROM CP(FH) TO CT(FH) (PD10) (ZC #92008: GRINNELL) WHEREAS, the proposed zoning map amendments are consistent with the General Plan in effect at the time of application acceptance, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on October 20, 1992, and has recommended approval of Zone Change #92008. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with surrounding land uses and the zoning in effect at the time of application acceptance. 2. The proposal is consistent with the General Plan in effect at the time of application acceptance. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is- adequate. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 5. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 000043 Ordinance No. 263 Page 2 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 7. The proposed plans offer certain redeeming features to compensate for requested modifications. Section 2. Zoning Map. Map number 17 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify the parcels listed below, and shown on the attached Exhibit A, which are 'hereby made a part of this ordinance by reference. Parcels 1, 2, 3, and 4; PM 48/OR/62 (AT 88-099) Development of said property shall be in accordance with the standards of the Planned Development Overlay Zone No. 10 (Exhibit B) , the approved Master Plan of Development (Exhibit C) , and any conditions of approval imposed during the approval of this zone change and/or any other associated applications. Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following roll call vote: AYES: NOES: ABSENT: 000044 -000RQ V Ordinance No. 263 . Page 3 By: DATE ADOPTED: ROBERT P. NIMMO Mayor City of Atascadero, California ATTEST: LEE RABOIN, City Clerk RAY WINDSOR, City Manager APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director 000045 1 ► 0-0;\iii Ordinance No. 263 . Exhibit B 9-_3. 654. Establishment of Planned Development Overlay Zone No 10 Pr D 101. Planned Development Overlay Zone No. 10 is established as shown on the Official Zoning Maps (Section 9-1.102) . The following development standards applicable therein are also established: (a) All physical development of the site shall conform to an approved Master Plan of Development. Applications for a Master Plan of Development shall be made in the same form as that prescribed for either a conditional use permit or tentative map. Any conditions of approval imposed during approval of the Master Plan of Development, or any associated application, shall be complied with. (h) Allowable Uses: The following uses shall be allowed in Planned Development Overlay Zone No. 10: 1. Eating and drinking places (exclusive of drive through facilities) 2. Hotels and motels 3. Libraries and museums 4. Temporary Events (See Section 9-6.177) 5. z:aacme$t—vePviee8• 65. Temporary and seasonal sales (See Section 9-6.174) �6. Offices Q-7. Personal services, where areas of use are less than 1000 square feet per store (c) Conditional Uses: The following uses may be allowed if specifically approved in conjunction with the aforementioned Master Plan of' Development' for the site, or an approved amendment thereto: 1. Indoor recreation services- 2. Public assembly and entertainment 3. Auto, mobilehome and vehicle dealers. and supplies (See Section. 9-6.163) 4. Sales lots (See Section 9-6.139) S. Amusement Services 000229 000047 (REVISED 10 -20-92 ORDINANCE NO. 2 6 3 EXHIBIT C Page 1 of 1 1ivr1.7yrw •/ ��w.�srrr,• u a / �� •.rawa+ wry• otik��', '. ' .. � � � ) � .�t, /fin '�• '�•' • ,� �• . MASTER PLAN OF DEVELOPMENT (see PP #20-88, revised) -6000 8 REPORT TO CITY COUNCIL Meeting Date: 12-8-92 CITY OF ATASCADERO Agenda Item: D-1(A,B,C) Through: Ray Windsor, City Manager From: Greg Luke, Director of Public Works g SUBJECT• Street Improvement Project No. 1992 RECOMMENDATION• Approve Resolution No. 129-92 , 130-92, 1.31-92 . BACKGROUND• As Council is aware, staff has been working to bring a Road Assessment District which covers Las Encinas I, a portion of 3-F Meadows, and a portion of Tecorida Ave. before the Council. Staff is presenting the necessary resolutions for the formation of a Council Initiated district. Upon adoption of the enclosed resolutions, the appropriate reports and engineering cost estimates will be prepared and a 30 day protest period initiated. The protest period will culminate in a Public Hearing where a determination will be made that less than 50% of the property owners (based on the land area owned) have objected to the project. If this is the case, the Council will then be in the position to form the Assessment District. Included with this agenda item are copies of selected past staff reports and correspondence which provide additional information on the process. ANALYSIS: While the final engineering cost estimate has not yet been finalized into a formal engineering report, preliminary indications are that Las Encinas I and 3-F Meadows will have an assessment of approximately $5500, which is equivalent to $540 per year. Tecorida Ave assessment is estimated to be $770.0 or $750 per year. If the processing proceeds on the usual schedule, a contractor should be ready to commence work after the winter rains. 000049 FISCAL IMPACT• . The Assessment District will have no direct cost to the City, other than usual staff time to monitor the program. Attachments: Memorandum to City Council Dated October 25, 1992 Staff Report Dated May 26, 1992 Engineer's Report - Tartaglia Hughes Letter from Haight and Haight - Bond Counsel Resolution No. 129-92 - Approving Boundaries Resolution No. 130-92 - Appointing Engineers, Attorney and Bond Counsel Resolution No. 131-92 - Resolution of intention 000050 • .RESOLUTION NO. 129-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 3.992 RESOLVED, by the City Council (the "Council") of the City of Atascadero (the "City") , California, that _ WHEREAS, this Council proposes to undertake proceedings for the formation of the City of Atascadero Street Improvement Project No. 1992 (the "Assessment District") pursuant to Division 12 of the California Streets and Highways Code (the Municipal Improvement Act of 1913) and Division 4 of the California Streets and Highways Code (the Special Assessment Investigation, Limitation and Majority Protest Act of 1931) . NOW, THEREFORE, IT IS ORDERED, as follows: 1. The proposed boundaries of said Assessment District to be assessed in said proceedings, are hereby described as shown on a map of said Assessment District on file in the Office of the City Clerk, which shows the lots, pieces or parcels of land proposed to be assessed and which indicates by a boundary line the extent of the territory included in the proposed Assessment District and which shall govern for all details as to the extent of such Assessment District, reference to such map being hereby made for particulars. Said map contains the name of the County and 1 000051 distinctive designation in words or by number of the Assessment District shown thereon, and is hereby approved. * * * * * * * * * * * * I, the undersigned City Clerk, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Atascadero, California, at a regular meeting thereof held on the day of , 1992, by the following vote of the members thereof, a majority being present: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: APPROVED: Mayor ATTEST: City Clerk 2 000052 RESOLUTION NO. 130-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPOINTING BOND COUNSEL AND ASSESSMENT ENGINEER CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992 RESOLVED, by the City Council (the "Council") of the City of Atascadero (the "City") , California, that WHEREAS, this Council has determined to undertake proceedings pursuant to appropriate special assessment and assessment bond laws for the acquisition and construction of public improvements in said City; and WHEREAS, the public interest and general welfare will be served by appointing and employing Bond Counsel and Assessment Engineer for the preparation and conduct of said proceedings and . work in connection with said improvements. NOW, THEREFORE, IT IS ORDERED as follows: 1. That Tartaglia-Hughes Consulting Engineers, Atascadero, California, be, and they are hereby appointed as Assessment Engineer and employed to do and perform all engineering work necessary in and for said proceedings, and that their compensation shall be set forth in a contract and scope of work agreement to be submitted to and approved by the City Council and such compensation agreed upon shall be set forth in the Engineer's Report to be approved by said Council. 2. That the law firm of Haight & Haight, Attorneys at Law, Scotts Valley, California, be, and they are hereby appointed and 1 000053 employed as Municipal Bond Counsel to do and perform all legal services required in the conduct of said proceedings, and that their responsibilities and compensation be, and are hereby established pursuant to that certain Fee Agreement for City of Atascadero Street Improvement Project No. 1992, dated November 18, 1992, attached hereto as Exhibit "A" and incorporated herein by reference. The City Manager is hereby authorized to execute said agreement on behalf of the City. I, the undersigned City Clerk, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Atascadero, California, at a regular meeting thereof held on the day of , 1992, by the following vote of the members thereof, a majority being present: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: APPROVED: Mayor ATTEST: City Clerk 2 000054 HAIGHT & HMGHT WIF ATTORNEYS AT LAW Municipal Bond Counsel Robert M.Haight EXHIBIT "All Raymond M.Haight Robert M.Haight,Jr. November 18, 1992 Cameron A.Weist Honorable Mayor and City Council City of Atascadero 6500 Palma Avenue Atascadero, California 93422 Re: Fee Agreement for City of Atascadero Street Improvement Project No. 1992 Dear Honorable Mayor and City Council: The within represents our form of agreement to ;conduct certain assessment district proceedings that are presently being contemplated by your Council. For the above-referenced special assessment and assessment bond proceedings, we agree to represent and serve you as herein provided: 1. Consult with you and your staff in order to provide a coordinated financial, engineering and legal program for the project. 2 . Attend all meetings of the City Council or other bodies relating to the proceedings including, at your request, all informal property owner meetings to explain a proposed project and such other meetings of the City Council when called upon by you. 3. Confer with your consulting engineers and review any engineering contract for a particular project for legal sufficiency. 4. Prepare all petitions, certificates, resolutions, orders, notices and affidavits necessary in the conduct of said proceedings and such other reports, documents and correspondence of a legal nature as may be necessary. A-1 5522 Scotts Valley Drive • Scotts Valley,California 95066 • (408)438-6610 • Fax(408)438-1367 000055 f Honorable Mayor and City Council City of Atascadero November 18, 1992 Page -2- 5. Examine for legal sufficiency the Engineer's Report to be filed in the proceeding including plans, specifications, if any, estimate of costs, boundary maps, diagrams, assessments and rights-of-way. 6. In consultation with your engineer, examine the construction plans to determine that the proposed improvements will be constructed in public streets, roads, alleys or easements, and if not, determine which properties or easements need be acquired by the City. 7. In consultation with your engineer and staff, determine whether the lands to be taxed for the proposed improvements are private or public. 8. During the course of any project advise your engineer or staff by telephone, correspondence or conference as to legal questions involving the City and relating to said proceedings. 9. Prepare the forms of notice of improvements, notice to property owners, notice of assessment, notice to pay assessments, notice of sale of bonds, notice of acceptance of completion, and such other notices as may be necessary, together with supervision and direction in the time and manner of mailing, publication and/or recording thereof. 10. Advise and consult with the City, its staff and engineers regarding negotiations for the acquisition by the City of necessary lands or easements. 11. Advise and consult with the City, its staff and engineers in negotiations with the contractor before, during or after a particular project. For those services as set forth above in Section 1 through 12, inclusive, our fees shall be based on two percent (2%) of the total assessment levied. A-2 000056 ilorable Mayor and City Council Y of Atascadero ember 18, 1992 Page -3- Our two percent (2%) fee shall be paid only if bonds are issued for the above-referenced project and not otherwise. The two percent (2%) fee shall be paid exclusively out of cash collections of assessments and/or proceeds of bonds issued. If proceedings are terminated for any reason by your Council at any time prior to said confirmation and levy, then our two percent'. (2%) fee shall not be due or payable. The following services are not included in our percentage fee and shall be payable only if said assessments are confirmed and levied: (a) Services of a clerical nature such as mailing notice to property owners and notice to pay assessments; (b) Preparation of bond registers and Auditor's Records; (c) Preparation of options, holding agreements, deeds, contracts, escrow instructions and the like, directly related to the acquisition by the City of necessary lands or easements; (d) Services in representing the City in litigation concerning the legality of any project or proceeding, or any validating and/or lien foreclosure proceedings or actions.` (e) Services performed by us with relation to subventions or negotiations with and applications to Federal, State or City agencies or commissions for the purpose of obtaining consent, agreement, permission or the like, of a project, or acquisition by the City of works or facilities under the jurisdiction of such Federal, State or City agency. (f) All out-of-pocket expenses, such as telephone, telefax, postage, Federal Express, transportation, lodging and meals (if overnight stay required) and similar typical expenses. A-3 000057 II Iable Mayor and City Council ty of Atascadero vember 18, 1992 Page -4- For any such excluded services referred to above in (a) through (e) inclusive, which services are delegated by the City to us for performance, we shall be paid a reasonable fee on an hourly basis or a lump sum, as agreed upon by the parties at the time of delegation. Accurate and complete time records will be made available to the City, if requested, substantiating the charges made for said excluded services, as well as out-of-pocket expenses. All services provided and out-of-pocket expenses referenced in (a) through (f) above, shall be paid exclusively out of cash collections of assessments and/or proceeds of bonds issued. Very truly yours, HAIGHT & HAIGHT By: ROBERT M. HAIGHT The foregoing agreement was accepted by the City Council of the City of Atascadero at a meeting thereof held on the day of 1992. City Manager A-4 000058 0 RESOLUTION NO. 131-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO OF INTENTION TO ACQUIRE AND/OR CONSTRUCT IMPROVEMENTS CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992 WHEREAS, the City Council (the "Council") of the City of Atascadero (the "City") , California, has determined to undertake proceedings pursuant to appropriate assessment bond acts for the formation of the City of Atascadero Street Improvement Project No. 1992 (the "Assessment District") ; and WHEREAS, the Council is of the opinion that public interest and convenience require, and it is the intention of this Council to order the acquisition and construction of improvements generally described in Exhibit "A", attached hereto and made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED as follows: 1. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersection of the public ways referred to are included to the extent that work shall be shown on the plans herein referred to. 2 . All of said work and improvements shall be acquired and constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications. 1 000059 3 . There is to be excepted from the work herein described any of such work already done to line and grade and marked "excepted" or shown "not to be done" on said plans, profiles and specifications. 4. Notice is hereby given of the fact that in many cases said work and improvements will bring the finished work to a grade different from that formerly existing, and to that extent work will be done to said changed grades. 5. Said Council does hereby adopt and establish, as the official grades for said proposed work, the grades and elevations shown upon said plans, profiles and specifications upon completion of the same. All such grades and elevations shall be in feet and decimals thereof, with reference to the datum plane of the City. 6. The description of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work, and maps and descriptions, to be contained in the Engineer's Report (as herein described) , shall be controlling as to the correct and detailed description thereof. 7. Said acquisitions and improvements, in the opinion of said Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon the proposed Assessment District, the exterior boundaries of which Assessment District are the composite and consolidated area as more particularly shown on a map substantially labeled "Proposed 2 Boundary Map of City of Atascadero Street Improvement Project No. 1992, County of San Luis Obispo, State of California, " prepared by the Assessment Engineer and on file in the Office of the City Clerk, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the proposed Assessment District and shall govern for all details as to the extent of the Assessment District. 8. Said Council further declares that 'all public streets and highways within said Assessment District in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 9. Notice is hereby given that serial and/or term bonds to represent unpaid assessments, and to bear interest at a rate not to exceed the maximum rate provided by law shall be issued pursuant to Division 10 of the California Streets and Highways Code, the Improvement Bond Act of 1915 (the "Act") , and that the applicable provisions of Part 11.1 of the said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, may apply. The last installment of such bonds shall mature not to exceed twenty-five (25) years from the second day of September next succeeding twelve (12) months from their date. 10. Said Council finds and declares that a special reserve fund as provided in Part 16 of said Act shall be required, the amount thereof to be fixed and determined upon the sale of the bonds. 3 0000'60 11. Said Council hereby covenants with the holders of said assessment bonds to be issued herein that it will, within one hundred fifty (150) days following the due date of any delinquent installment of assessments securing the bonds to be issued, commence and thereafter diligently prosecute to completion a foreclosure action regarding such delinquent installment of assessment. 12. Except as herein otherwise provided for the issuance of bonds, all of said acquisitions and improvements shall be done pursuant to the provisions of the Municipal Improvement Act of 1913, being Division 12 of the California Streets and Highways Code. 13. Said Council further declares that it is the intention of said Council to levy assessments to maintain, repair, or improve the acquisitions and improvements pursuant to Section 10100.8 of the California Streets and Highways Code. 14. It is further determined that the Council declares its intention to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 by proceeding under Part 7.5 of Division 4 of the California Streets and Highways Code. 15. Said acquisitions and improvements are hereby referred to the Assessment Engineer, being a competent person employed by said Council for that purpose and said Engineer is hereby directed to make and file, or cause to be made and filed, with the Clerk a report in writing (the "Report") , presenting the following: 4 000061 (a) Maps and descriptions of the lands and easements to be acquired; (b) Plans and specifications of the proposed improvements to be constructed and installed. The plans and specifications need not be detailed and are sufficient if they show or describe the general nature, location, and extent of the improvements; (c) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the work, appliance, or property is to be acquired as part of the improvements; (d) An estimate of the cost of the improvements and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the improvements, including any costs of registering bonds; (e) A diagram showing, as they existed at the time of adoption of this Resolution, the exterior boundaries of the Assessment District and the lines and dimensions of each parcel of land within the Assessment District. Each subdivision, including each separate condominium interest as defined in Section 783 of the California Civil Code, shall be given a separate number upon the diagram. The diagram may refer to the County Assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels; 5 00006ti (f) A proposed assessment of the total amount of the cost and expenses of the proposed improvements upon each subdivision of . real property in the Assessment District in proportion to the estimated benefits to be received by those subdivisions, respectively, from the improvements. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to paragraph (f) above; (g) A proposed maximum annual assessment upon each of the several subdivisions of land in the Assessment District to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds; (h) The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated in the instant proceedings, which would require an investigation and report under Division 4 of the California Streets and Highways Code against the total area proposed to be assessed; and (i) The total true value, as near as may be determined, of the parcels of land and improvements within the Assessment District which are proposed to be assessed, all in accordance with the provisions set forth or referenced in Section 2961(b) (2) of the California Streets and Highways Code. 6 000063 • 16. When any portion or percentage of the costs and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the improvements, and the assessment upon property proposed in the report shall include only the remainder of the estimated costs and expenses. 17. If any excess shall be realized from the assessment it shall be used, in such amounts as the Council may determine, in accordance with the provisions of law for one or more of the following purposes: (a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment in accordance with the provisions of Section 10427. 1 of the California Streets and Highways Code; (c) To reimburse the City for any contributions or advances to or for the Assessment District that were not pledged in this Resolution of Intention; or (d) For the maintenance of the improvements or a specified part thereof. 18. Notice is further given that the City will not obligate itself to advance available funds from City Treasury to cure any deficiency which may occur in the bond redemption fund, provided, 7 000062 however, that it shall not preclude itself from so advancing such funds if, in its sole discretion, it so determines. 19. It is further determined pursuant to California Streets and Highways Code Section 8571.5, that the bonds may be refunded in the manner provided by Divisions 10, 11 and 11.5 of the California Streets and Highways Code if the said Council determines that it is within the public interest or necessity to do so. The interest rate of such bonds shall not exceed the maximum rate provided by law, and the last installment of such bonds shall mature not to exceed thirty-nine (39) years from the second day of September next succeeding twelve (12) months from their date; and any adjustment to assessments resulting from the refunding will be done on a pro rata basis. 20. NOTICE IS HEREBY GIVEN that, in the opinion of this Council, the areas contained within said proposed Assessment District are the properties which will be benefited by the improvements and the issuance of bonds, and that the public interest and convenience require, and that it is the intention of this Council that a maximum annual assessment of not to exceed two percent (2%) of the annual installment of principal and interest on the bonds issued will be added to each annual installment of the unpaid assessments to pay costs incurred by the City and not otherwise reimbursed, which result from the registration or administration of the bonds issued, the collection or payment of the amounts due on the bonds issued, or from the registration or 8 s 00006.5 administration of any associated bonds and reserve or other related funds. 21. Notice is further given that it is the intention of this Council, if applicable, to take appropriate proceedings and enter into acquisition agreements with the Owners/Developers of the real property subject to this Assessment District, and if necessary enter into contracts pursuant to Sections 10109, 10110 and 10111 of the California Streets and Highways Code with appropriate public agencies and, if required, appropriate public utilities. Said acquisition agreements shall provide for the acquisition of and payment for the public improvements installed by the Owners/Developers in accordance with schedules and upon terms and conditions more particularly set forth therein. 22. Pursuant to Section 20487 of the California Public Contract Code, in the opinion of the City Council, the public interest will not be served by allowing owners of property in the Assessment District to take a contract for the performance of any of the work of improvement herein referenced. 9 000066 I, the undersigned City Clerk, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Atascadero, California, at a regular meeting thereof held on the day of , 1992, by the following vote of the members thereof, a majority being present: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: APPROVED: Mayor ATTEST: Cit Clerk rk 10 00006'7 EXHIBIT 1W, DESCRIPTION OF WORK CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992 AREA NO. 1 (3-F Meadows) The following is a general description of work and improvements within the _ proposed City of Atascadero Street Improvement Project No. 1992. A. The placement of asphalt concrete paving and paving fabric. B. Roadway excavation, placement of roadway embankments and shoulder grading. C. Placement of asphalt concrete dikes. D. Installation of storm drainage inlets, pipelines and appurtenances. E. Installation of survey monuments and adjustment of water valves. • F. Clearing, grubbing, traffic control and mobilization. G. The acquisition of all land and easements and all of the work and expenses auxiliary to any of the above. 000068 0 DESCRIPTION OF WORK CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992 AREA NO. 2 (Tecorida) The following is a general description of work and improvements within the proposed City of Atascadero Street Improvement Project No. 1992. A. Placement of roadway embankment and roadway excavation. B. Placement of aggregate base and asphalt concrete paving. C. Installation of storm drainage lines and appurtenances. D. Adjustment of water valves, manholes and fire hydrants to grade. E. Construction of drive approaches and transitions. F. Installation of street signs and survey monuments. G. Clearing, grubbing, traffic control and mobilization. H. The acquisition of all land and easements and all of the work and expenses auxiliary to any of the above. 000069 DESCRIPTION OF WORK CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992 AREA NO. 3 (Las Encinas) The following is a general description of work and improvements within the proposed City of Atascadero Street Improvement Project No. 1992. A. Placement of asphalt concrete paving and paving fabric. B. Grading of existing roadway shoulders and roadway excavation. C. Adjustment of water valves and installation of survey monuments. D. Clearing, grubbing, traffic control and mobilization. E. The acquisition of all land and easements and all of the work and expenses auxiliary to any of the above. 0000'70 MEMORANDUM C;op Y Date: October 22, 1992 To: City Council Via: Ray Windsor, City Manager From: Greg Luke, Public Works Director Subject: Pending Road Assessment District I have been actively working and meeting with representatives of Las Encinas I, a portion of 3-F Meadows, and a portion of Tecorida Ave. We are nearing completion of background material for the formation of a Road Assessment District which covers all three of these areas. Staff is proceeding based on direction from a previous Council action. Staff was directed to provide the technical and administrative assistance necessary to form a road assessment district. All of the enacting resolutions and technical information will be presented at the second Council meeting in November. The Road Assessment District is being prepared as a "Council Initiated" district. Enclosed is a copy of a previous staff report describing the concept of a type of district. Note that the three areas are being grouped together to gain the cost advantage of processing a single bond issue. Each area will have a separate assessment fee, but will share in the cost of preparing a bond issue. In addition, if one area presents a 50% protest, only that one area will be dropped from the road assessment district and the other areas will be remain eligible to be approved by Council. If anyone has individual questions or would like more information at this early stage, feel free to contact me. 0000'71 REPORT TO CITY COUNCIL Meeting Date: 5/26/92 CITY OF ATASCADERO Agenda Item: D-1 Through: Ray Windsor, City Manager From: Greg Luke, Director of Public Works SUBJECT: Formation of Assessment Districts for Road Improvement RECOMMENDATION Council hear the presentation by Robert Haight. If Council's reaction is favorable, direct staff to prepare a report on how specifically the program can be implemented BACKGROUND Over the past year the Council has been working on methods to reso ve the matter of "non-city main a - d l aroa s. Techn�ca , Financiand ega Issues ave been examined.7" It is an understatement to say that the original Colony road right-of-way presents several problems which have proved' quite difficult to resolve. The financial issue is one of those difficult problems: how can the money be raised to bring the non-city maintained roads up to a level where the City can bring them into the City system? In January the Council was presented with an array of funding alternatives. City-wide Mello-Roos Districts were discussed as were the establishment of one or more Benefit Districts. For various reasons, using 1911/1913 Assessment Districts seem to be the least complex and the preferred method for financing road repair. DISCUSSION The presentation this evening builds upon the concept of using the tra ona ss cisment c or ra ng funds. one of TEe mayor stumbling blocks to formingan Assessment District has been the need to gather signatures from 60% of the property owners on a petition to form a District. For a large area, collecting signatures from hundreds of property owners, some of whom are absentee owners, has proved to be a onerous task for neighborhood volunteers. 0000'72 Consequently, staff is presentina Council with the concent o, C: i initiated Ass g- en Dis rict. Thate s, thCouncil can ��Es"in announce ' en ion o orm an Assessment District for road upgrades in a specific area. The property owners in that area then have the opportunity to protest that formation. If protests are received from more than 50% of the property owners, the Council is prevented from proceeding with the District formation. This method of forming an Assessment District has another advantage. Once the District formation is confirmed, the City can issue so called Bond Anticipation Notes (BANS) which can be used to pay for the preparation of plans, specifications and other pre- construction costs. With a petition initiated District these up front cost have to be borne by the property owners (or the City) . - A final advantage is that the City can combine several areas into one District formation procedure. Each sub-area would stand alone with a separate assessment charge. However, the administrative cost of forming a District would need to be incurred only once thus allowing this cost to be shared by each sub-area. In the case of a small project, reducing the administrative cost of forming a District would result in a substantially lower cost to each property owner. Currently, staff has received serious inquiries about forming a District from 3 areas: Las.Encinas I, 3-F Meadows, and Tecorida Road. Quite likely other areas will be interested in participating once the matter receives more publicity. ANALYSIS From past experience, relying on petition initiated Assessment Distric s is a pain u s ow rocess. any o the non-ci main allied roa s in a more developed areas are deteriorating at a rapid rate. Expressions of concern from residents who live on these roads will become more frequent in the future and the cost of solving the problem will increase as the roads continue to deteriorate. City initiated Assessment Districts may prove to be the tool the City needs to significantly improve this long standing problem. FISCAL ANALYSIS No direct cost to the City, other than staff time for coordination. 0000'73 HAIGHT & HAIGHT ♦ ATTORNEYS AT LAW Municipal Bond Counsel Robert M.Haight Raymond M.Haight Robert M.Haight,Jr. Cameron A Welst April 7, 1992 Greg Luke Director of Public Works City of Atascadero City Administration Building 6500 Palma, Avenue Atascadero, California 93422 Dear Greg: It was a pleasure seeing you again and I appreciate you ou making yourself available to see me last Monday. As I mentioned at our meeting, in any of these projects that appear doubtful as to a majority protest, it is our suggestion that the City initiate the assessment proceedings on its own motion(therefore, no need for a petition), have the engineer prepare "schematic" plans and specifications and hold a public hearing on the estimate of costs. If less than a majority of property owners protest, the assessment can be confirmed and then the expensive detailed plans and specifications can be prepared. Further, the City has the ability to issue Bond Anticipation Notes (ttBANs"), which is a short term note whereby the necessary costs of engineering can be paid. By the foregoing procedure no moneys will be advanced by the general fund of the City. I again will make this office available to discuss these financing techniques and alternatives with the City Council or a committee of the City Council if you so desire. With regard to the Camino Real Fashion Outlets being proposed by Golden West Development, please be advised that they are considering the use of a possible assessment district to finance their off-site improvements. I don t t know if this will become a reality but I will keep you informed. 5522 Scotts Valley Drive 9 Scotts Valley,California 95066•(408)438-6610•Fax(408)438-1367 tV,N� ilk Greg Luke Director of Public Works City of Atasca.dero April 7, 1992 Page -2- Please advise any questions. Very truly yours, HAIGHT GHT ROBERT M. HAIGHT RMH:lk cc: Bob Tartaglia 0000'75 TH TARTAGLTA-HUGHES CONSULTING ENGINEERS 7360 EI Camino Real, Suite E • P.O. Box 1930 Atascadero, California 93423 FAX (805) 466-5471 Phone (805)466-5660 Haight & Haight November 10 , 1992 5522 Scotts Valley Drive Scotts Valley, CA 95066 File: 04 Attention: Mr. Robert M. Haight Subject: City of Atascadero Assessment Districts: 3-F Meadows A.D. Tecorida A.D. Las Encinas A.D. Dear Bob: Enclosed for your use are the following documents for the subject assessment districts : 1 . Description of work 2 . Preliminary engineer' s cost estimate 3. Map reduction of the district boundaries. Should you need any additional information, please contact our office. Sincerely yours, Tartaglia-Hughes Consulting Engineers Robert C. Tartaglia Civil Engineer RCT: jf Enclosures cc: Greg Luke City of Atascadero 0000'76 LAS ENCINAS ASSESSMENT DISTRICT Description of Work The following is a general description of work and improvements within the proposed Las Encinas Assessment District. A. Placement of asphalt concrete paving and paving fabric. B. Grading of existing roadway shoulders and roadway excavation. C. Adjustment of water valves and installation of survey monu- ments. D. Clearing, grubbing, traffic control and mobilization. 000077 w _ m w i F— N U_ U) ci LLJ � zcc / M G W l0 ( LLd (n Z w p W (n CD _uj N Q Q t9 N fid'\ Q z_ U z w c1� i Q J W �. _ N W W M 00o®`:8 TECORIDA ASSESSMENT DISTRICT Description of Work The following is a general description of work and improvements within the proposed Tecorida Assessment District. A. Placement of roadway embankment and roadway excavation. B. Placement of aggregate base and asphalt concrete paving. C. Installation of storm drainage lines and appurtenances . D. Adjustment of water valves, manholes and fire hydrants to grade. E. Construction of drive approaches and transitions. F. Installation of street signs and survey monuments. G. Clearing, grubbing, traffic control and mobilization. 0000'79 '1' tF•49GI ti• M,b/,685 �• O ti o � Qac NCb o n, M,er°Sgs .67-BE---- r � M,L3.8� n \ M.c zz P,ei s M r.zes rn N li o' . ` to z-2 0N. M.-i LS t- M.pE.6Ls " r o o � '� • N, yz_cs� s °p /�•ZS• r Jr O .�01 rn Al n +' 66 Its:.tS. g D 'o -O D _ � ' c b DUNv bl �� oJ5 .n M gl�. • m z w C W m 6o Zs� DM.Sa• o w = �© N !U o �� cu ((n o O �,S?•S S N S Z 5 00- � m ti z N \ A _ tA cn ANDRES AV15-Z.z3 `se e E. 000080 3-F MEADOWS ASSESSMENT DISTRICT Description of Work The following is a general description of work and improvements within the proposed 3-F Meadows Assessment District. A. The placement of asphalt concrete paving and paving fabric. B. Roadway excavation, placement of roadway embankments and shoulder grading. C. Placement of asphalt concrete dikes. D. Installation of storm drainage inlets, pipelines and appur- tenances. E. Installation of survey monuments and adjustment of water valves . F. Clearing, grubbing, traffic control and mobilization. 000081 _rn r \ p n - c�r apt i z A ri r � 0 rn °� D cr) ~moo 'o m Cn cn q \ UP rn n z Wo s O Z v 9 R�qp D n x --� < o < 0 m 0 D � �7 -1 0 000082 HAIGHT & HMGHT ATTORNEYS AT LAW *I, Municipal Bond Counsel Robert M.Haight Raymond M.Haight Robert M.Haight,Jr. Cameron A.Weist November 30, 1992 Mr. Greg Luke City Engineer City of Atascadero 6500 Palma Avenue Atascadero, California 93422 Re: City of Atascadero Street Improvement Project No. 1992 is Dear Mr. Luke: Per your request, please find three (3) resolutions initiating proceedings for the above-referenced project. The resolutions listed below are the first step in forming the City of Atascadero Improvement Projects No. 1992 (the "District"). The three (3) resolutions and a brief description of each are detailed below: 1. A Resolution Approving Proposed Boundaries of Assessment District: This resolution approves the boundaries of the District by the approval of a map on file with the City Clerk of the City. 2. A Resolution Appointing_Engineers Attorneys and Bond Underwriter: This resolution appoints the Bond Counsel and Assessment Engineer to do and perform all engineering and legal work necessary in and for said proceedings. 3. A Resolution of Intention: This resolution, among other things, states the intention of the Council to acquire or construct the improvements, to conduct proceedings pursuant to the applicable laws and regulations, and to issue assessment bonds once the assessment district has been formed and assessments have been confirmed and levied. 5522 Scotts Valley Drive • Scotts Valley,California 95066•(408)438-6610 • Fax(408)438-1367 000083 • Mr. Greg Luke November 30, 1992 Page -2- Please do not hesitate to call if you have any questions. Very truly yours, HAIGHT & HAIGHT C ON A. WEIST CAW:lk 0000614 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-2 Through: Ray Windsor, City Manager Meeting Date: 12/08/92 From: Henry Engen, Community Development- Director SUBJECT• Request for temporary sewer hook-up at 8475 San Gabriel Road (Deborah Goodyear) . RECOMMENDATION• 1. Adoption of Resolution No. 128-92 authorizing temporary sewer hook-up; and 2 . Initiation of consideration of a General Plan text amendment to allow sewer hook-ups outside the Urban Service Line for selected, developed problem sites. BACKGROUND: The attached letter from Eric Gobler, Civil Engineer, on behalf of Ms. Deborah Goodyear, requests that an exception be made to the City's General Plan policies to enable her to hook-up to the sewer line that serves the San Gabriel Elementary School. It is his conclusion that neither conventional nor engineered on-site systems will work on this site. ALTERNATIVES• As shown on the attached General Plan Map, the property is located outside of the Urban Services Line but abutting San Gabriel Road. An exception was made to the General Plan's language to enable the extension of sewer to that school site after perk tests determined that an on-site system would be impractical. General Plan policies pertaining to this matter are as follows: II-7 "Suburban Services Area" . . . . . . . . . . . . . . . . "Importantly sewer service will not be provided in this area except for 'cease and desist' septic problem areas and-where approved by the City Council for public uses. " II-8 "Residential The accompanying Land Use Plan Map broadly distinguishes between two types of residential areas: (1) areas within the Urban Service Line which are characterized by sewer service and urban densities, and (2) areas beyond the Urban Service Line which are characterized as suburban single 000065 family large lot areas (including agricultural enclaves) which are on private sewer systems. " II-12 "Suburban residential areas are outside the Urban Service Line; however, sewer service may be provided to 'cease and desist' areas with the residential density standards to remain unaffected. " II-21 "Priority for provision of sewer service shall be as follows: Areas Not Requiring Amendment of the General Plan: 1. Cease and desist areas and other septic problem areas within the Urban Service Line. 2 . Other areas within the Urban Service Line. 3 . Cease and desist areas beyond the Urban Service Line. " The General Plan Update, which was adopted in January 1992 , carefully allowed for providing sewer service to areas outside the Urban Services Area when designated as a cease and desist area by the Regional Water Quality Control Board. The property in question, however, is removed from a designated cease and desist area. Regional Water Quality Control Board staff has indicated that it would take approximately one year to process an amendment to its' map. Hence, should the City Council be sympathetic to the plight of this landowner, the appropriate way to proceed would be to grant a temporary hook-up contingent on the General Plan being amended to permit a permanent hook-up for parcels in this unique situation. General Plan Amendment Cycle 92-2 Elsewhere in this Agenda, is the recommendation of the Planning Commission to initiate four (4) General Plan Amendments for con- sideration. In response to this particular request, staff would recommend the addition of a fifth amendment to consider refining the "cease and desist" exception language in the General Plan to include septic problem areas where it can be proven that there is no practical, way of repairing an existing failed system and where allowing sewer service would not be growth-inducing. HE:ph cc: Ms. Goodyear Eric Gobler Mark Markwort Enclosures: General Plan Location Map Engineers Request - 11/30/92 Resolution No. 128-92 000086 t �LXn s . t %N b 2 r , cc1VA-D NO ERIC J. GOBLER CIVIL ENGINEERING 9110 Atascadero Avenue Atascadero, CA 93422 (805) 466-86=2 November 30, 1992 Henry Engen, Community Development Director City of Atascadero P.O. Box 747 Atascadero, CA 93423 Dear Mr. Engen: Subject: Sewer Service To Existing Residence 8475 San Gabriel Road, APN 56-351-035 On behalf of Ms. Deborah Goodyear, owner of the existing residence at 8475 San Gabriel Road, I write seeking your assistance in obtaining approval to connect to the existing sewer main. Please recall our discussion last week. I have also discussed the matter with Mark Markwort and Doug Davidson of the City. The facts as I understand them are as follows: S 1. The residence at 8475 San Gabriel Road utilizes an onsite septic tank leach system for sewage disposal . ?. The existing septic system has failed on numerous occasions with sewage surfacing nearly every winter for the past several years. Failure is based on discussions with the present landowner, neighbors, and a septic tank pumper (who has pumped the tank several times) . Additionally, stains exist on the driveway pavement where sewage has flowed above ground. 3. Unsuccessful attempts have been made to repair the system by adding rock to expand the leachfield area. 4. Recent percolation tests were performed which verify soils are unsuitable for a conventional absorption system due to very poor percolation rates (120, 240, 240 min/in) and shallow bedrock (7 ft below ground surface) . 5. Lot size, configuration, and topography make it impossible to design and construct an adequate alternative onsite sewage disposal system (i .e. an evapotranspiration-type system) . See Percolation Test Report dated November 27, 1992. 000088 Page Two Henry Engen b. This Parcel is outside the existing Urban Services Line, thus, sewer service cannot be provided unless a General Plan Amendment is approved or unless a variance is granted by City staff. The next scheduled General Plan update is April or May 1993. 7. A General Plan Amendment would not be necessary if the Parcel was within the existing "Cease and Desist Area" designated by the California Regional Water Quality Control Board (CRWQCB) . The Parcel is not within the existing "Cease and Desist Area" and consideration to include it would take a year or more. S. A City sewer main exists along San Gabriel Road fronting the residence at 8475 San Gabriel Road. In fact. a service lateral was installed when the sewer main was constructed a couple years ago to serve San Gabriel Elementary School . The lateral exists within a few feet of the existing residence. 9. This Parcel and existing residence are situated directly across the street from San Gabriel Elementary School . Surfacing sewage and septic tank effluent near the school pose a significant threat to human health. Surfacing sewage along San Gabriel Road is even a greater health ride to children walking and biking to school. In my opinion, based on the facts of which I am aware, a septic system problem and potential health treat exists. The septic system, which has failed on a regular basis for several years (but less than its potential due to recent dry years) , must be corrected expediently. Soil conditions preclude adequate repair using an onsite sewage disposal system. A General Plan Amendment or modification by the CRWQCB to the "Cease and Desist Area" could take several months to a •gear or more with no assurance of resolution. Due to potential health risks to school children such delay is unreasonable. Further, General Plan Amendment or "Cease and Desist Area" modification could open the door for increased development of nearby vacant land. OOOOS9 Page Three Henry Engen It is clear to me the only reasonable and timely solution to the existing sewage disposal problem at 8475 San Gabriel Road is connection to the available sewer system. Since the necessary sewer service lateral is in place, I respectfully request you grant Ms. Goodyear permission to connect to the City sewer system. If you, or other City Staff, are unable to grant such permission, I request you put the matter on the next City Council agenda with a recommendation for approval . A variance to connect an existing residence, with an unsolvable septic system problem, to the available sewer system, sets no precedence for other connections, except to reasonably eliminate existing health threats. Timing is critical due to the imminent wet season. If there is anything I can do to assist you and your staff in making a decision to connect to the available sewer system, please call me immediately. In talking with your staff, the process for resolving this matter is very unclear. The owner is anxious to resolve the problem quickly. If a decision cannot be made without City Council , please advise me immediately of what' s needed to get on the next Council agenda. I have attached a couple maps for your easy reference. Thank you for your assistance. Respectfully submitted, a 'ESSI s� ErPilEngineer Gob 1 er CC Ci 030438 rr' RCE -30438 CIV1 0��\Q Vr CALF 000090 It . Q p S age z 0 Ln 0 Z a U � U '.1 O o - A 1Jr _ O A sa r 01^ O .� • I N ..r• t;lop b r• iC 4 n• fu 3 x �M\ ' '� ,0••/N ry► n ti U [L A •~O Y a •V G v r �" •1 2 4f 3`I i� r t a � i 000091 GV V'7 �N •O W baa be• �� 'r•(y/�•r 1 gu /tT •r '��,Ny ... � � o OC i �.1 lt V V o e UNC:• 't:: � � t �c VX t ` Biba 3Q A, yh1104 � 3 >. � � 5, a d.?•i,,'� jet, e � � �� a 10 �e� .•i�'!.�'q r 'art.. �g 1-.�+�"�' jj•� ..l 41 alt �!!1>vR:.Z:i�.i'V�• � �� �•�i►. G�f ter+ :.'.' -- �y o � F �• w Ab 0 2 AlTE kt A Q1 i R s We aC� W 04, 092 092 ERIC J. GO6LER CIVIL ENGINEERING 9110 Atascadero Road Atascadero, CA 93422 (805) 466-6632 Ms. Deborah Goodyear November 27, 1992 8475 San Gabriel Road Atascadero. CA 93422 Subject: Percolation Test - APN 56-351-035 8475 San Gabriel Road - Atascadero Dear Ms. Goodyear: Percolation tests were performed on the subject parcel on November 23, 1992, as requested. The tests were performed according to procedures outlined in the Manual of Septic Tank Practice (Taft Method) . Percolation tests are required by the City to evaluate means for repair of the existing onsite sewage system. Results of the tests are as follows: Test No. Percolation Depth 1 240 min/in 50" 2 240 min/in 57" 3 120 min/in 64" One deep excavation was made to a depth of 64 inches to observe underlying soil conditions. Surface soils consist of silty clay. Subsurface soils are made up of sandstone with varying degrees of weathering and fracturing. The deep excavation was terminated at seven feet due to the inability to penetrate the very hard underlying sandstone. Detailed soil logs, percolation test data, and a site map are attached for reference. As the test results indicate, soils are unsuitable for a conventional absorption system. The clayey surface soils exhibit very poor infiltration characteristics. Shallow bedrock, natural sloping topography, and lot size and configuration make repair of the existing septic system unrealistic and impossible. In my opinion, based on soil and site conditions, the only means for onsite repair is with an evapotranspiration-type system. Such systems require a large level area. Due to lot size and topography, insufficient usable area exists to design and install an adequate onsite septic system. The fact that the City requires area available for future expansion (100%) makes onsite repair a greater impossibility. Thus, it appears the only reliable and reasonable longterm means of sewage service for this Parcel is connection to the existing City sewer system. Although this Parcel is outside the existing Urban Services Line, a sewer main and lateral exist in the Street within a few feet of your house. I highly recommed you pursue connection to the existing and available sewer system with the City. 000093 i Page Two Ms. Goodyear I have briefly discussed your situation with several City Officials. Although the solution, connection to the adjacent sewer system, would appear to be easy„ the fact that you are outside the Urban Services Line complicates matters. I suggest _ you contact the City at your earliest convenience in an attempt to correct the problem before weather interfers with construction activities. Please call if you have any questions or if additional information is needed. Respectfully Submitted, -SS'IQf�r� �4.1 Erit J. Gab 1 er N C 0043 ry _ 7 Civil Engineer PrP S 'h� f RCE 3504338 J�,9T CIV\V F OF CAO 0000911 _ PEnCOLATTON £ SOTLS DAT Performed for: �£ Performed by: Date: Z ES Uot�Ert' Weather:8 Location:. _ �O 47 " x- Test Hole No.. : Dip Percolation Test Time(t) At Distance to Water(h) Percolation Rate h Lit/Ah Depth:. Presoak Remarks: tfin/i Soil Loo Depth Soil DescriptionConsis Moister tencv Total Depth: O-7" A4�� . • W��. �� Remarks: .�„f„�� 1�tJ G ' VDG�- �„�S Zf9-30 D✓}t""�fSl+ rug N. j�-Y Ci(a y, IA 14 ►ala F-,et— 0003 _ PERCOLATTON 9 SOILS DATA Performed for: rX�O�'a�, - G'�z3� Date: 1/ /Z3 14? Performed by: E Weather: C�30 ) Location:. P�47S' Cq�G) C . Test Hole No-. : �pN Percolation Test Time(t) At. Distance to Percolation Rate ' Water(h) h Depth: Jj,� a Presoak:-. G4S 120 • ��s q �lz. /4 �zv �qs 44 ITIS q �� 240 - a Remarks: 4 4•��s Zia . . Z40 Min/i Soil Loo Depth Soil Description Moistur Consis� tencv Total Depth: ' O_Z4" lc Remarks: Dra�jsl, �� 5i Icy G•6y J � Weak J,1/ UQ 096 i PERCOLATTON h SOILS DATA Performed for: �.Gj c, (nAj 1/C '_ Date: P Performed by: 6ozi-E2 Weather: C.Bd Location:. 8g7S� ,�, laal��1�1 12� - A 4•sc.. Test Hole No. : Z AtTime(t) Distance to Percolation Rate ` Percolation Test Water(h) h d t/A h 444 - Depth:. �" 5Iy O Sl Yq 3/4 54 -t ;/g Ih. v (.o Presoak:-.L/ 4 7/L ZO `�4 IZo Z V0 2 240 . Remarks: .�!L • L d 240 Min/i Soil Loa Depth r Soil Description Moistur Consis tencvi Total Depth: p-24 �� yy 51 *� C,4y 51� �L 4 Remarks: ZI -.34" L .10-LI G 00 097 _ PEPCOLATTCg ATA SOILS Performed for: Q7A �eq� Date: i Z51-? Z Performed by: • � Location:. �5- - ascWeather:, Test Hole No. : A•P>J Percolation Test Time(t) I d t Distance to Water(h) Percolation Rate 47 !� h At/dh Depth:. �q A i 7 ? 0 G s/ Presoak:-.,/ 4) SS '� I& GU Re marks: )4 7 !20 20 / 120 1 Uin/ Soil Loo Depth Soil Description ConsiS- . Moister tency Total Depth: clay Remarks: C,4 y� bo 0 0098 1 w n w � Q M � Q 141 N Y log N • T' o ere t► R � �,� *t �Zy- .' ` ter.. .IrT / t^•�, ♦ h / f �IT 'o 0 Q r n e_ 9fCCO(ATlo4 TEST aoL21 K `� 1 5AA GiAKIOI- `2.A. a4r 000099 RESOLUTION NO. 128-92 A RESOLUTION OF THE ATASCADERO CITY COUNCIL PERMITTING TEMPORARY SEWER HOOK-UP TO 8475 SAN GABRIEL ROAD WHEREAS, Deborah Goodyear, residing at 8475 San Gabriel Road has experienced numerous septic leach field failures on her prop- erty resulting in a health hazard; and WHEREAS, a Registered Civil Engineer, Eric J. Gobler, RCE 30438 , has determined that the soils are unsuitable for a conventional absorption system and the site's size, configuration, and topography preclude an alternative evapotranspiration type system; and WHEREAS, there is a sewer line in front of this property in San Gabriel Road serving the San Gabriel Elementary School; and WHEREAS, said property is located in the suburban residential (RS) land-use designation in the General Plan and is beyond the Urban Services Line; and WHEREAS, the extension of sewer service beyond the Urban Services Line is limited by the 1992 Land Use Element to "cease and desist" areas; and WHEREAS, this property is not within a "cease and desist" area as identified by the Regional Water Quality Control Board; and WHEREAS, the City Council is desirous of initiating a General Plan Amendment to consider expanding the "cease and desist" excep- tion language in the General Plan to apply to unique situations such as is evident at 8475 San Gabriel where no increase in density or neighborhood character will result; and WHEREAS, processing of either an independent General Plan Amendment or awaiting the results of said General Plan recommendation could not be done in a timely way with respect to the failed system on the Goodyear property; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. City Council agrees to permit Ms. Goodyear, at her expense, to have a temporary sewer hook-up to 8475 San Gabriel Road; 2 . Establishment of said temporary hook-up into a permanent service shall be contingent on amendment of the General Plan enabling this action; 000100 Resolution No. 128-92 Page 2 3 . Said temporary service shall be contingent on Ms. Goodyear agreeing, in writing, to immediately disconnect said service and repair said septic system and hold the City harmless should the contemplated General Plan Amendment not be approved. In such event, City shall refund sewer annexation fee and other charges, less administrative costs of providing such service. On motion by Council and seconded by , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ROBERT P. NIMMO, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney APPROVED AS TO CONTENT: HENRY ENGEN, Director Community Development 000101 CITY OF ATASCADERO STAFF REPORT Agenda Item• D-3 Through: Ray Windsor, City Manager Meeting Date: 12/08/92 File Number: GPAC 92-2 From: Henry Engen, Community Development Director ,I SUBJECT: Initiation of proposed amendments to the City's General Plan and Zoning Ordinance. RECOMMENDATION• Initiate the four requested General Plan Amendments and associated Zoning Ordinance map and text amendments in accordance with the Planning Commission's recommendation. ' BACKGROUND• City policy establishes that amendments to the General Plan will be considered twice each year. The filing period for the second round of amendments for 1992 closed on October 1, 1992, with two amend- ment requests having been filed by private applicants and two by the City (see attached Planning Commission staff report for detailed description of each request) . SD:ph Enclosure: Planning Commission Staff Report - November 17, 1992 Planning Commission Minutes Excerpts - Nov. 17, 1992 00010'', CITY OF ATASCADERO Item: B . 4 STAFF REPORT FOR: Planning Commission Meeting Date: 11-17-92 BY: b,�/,✓f�Steven L. DeCamp, City Planner File No: GPAC 92-2 SUBJECT: Initiation of proposed amendments to the City' s General Plan and Zoning Ordinance RECOMMENDATION. The Planning Commission should recommend that the City Council initiate the four requested General Plan amendments, and associated Zoning Ordinance map and text amendments as may be required. BACKGROUND: City policy establishes that amendments to the General Plan will be considered twice each year. The filing period for the second round of amendments for 1992 closed on October 1 with two amendment requests having been filed by private applicants and two by the City. ANALYSIS• Two of the proposed General Plan amendments (GPA 92-4 & GPA 92-5) were generated by the City. The other two applications (GPA 92-6 & GPA 92-7) were submitted by private parties . The following will briefly outline each of the proposals . GPA 92-4 (Community Center - City of Atascadero) : The adopted Downtown Element of the City's General Plan calls for the establishment of a Community Center within the boundaries of the downtown area. The Parks and Recreation Element of the General Plan, however, designates a location near Atascadero Lake as the preferred location for the Community Center. Staff is recommending that the Parks and Recreation Element (map and policy language) be amended to bring this element into conformance with Downtown Element and long standing policy direction which prefers a downtown location for the Community Center. Refer to Exhibit A. 000103 . General Plan Amendment Cycle 92-2 2 Staff Report October 17, 1992 GPA 92-5 (Downtown Element Setbacks - City of Atascadero) : Diagram 15 (pg 35) of the Downtown Element of the General Plan proposes a twenty foot (201 ) building setback along the easterly side of proposed Route 41 northerly of E1 Camino Real . Although that portion of the Route 41, extension is not within the designated downtown area, the depiction of a "minimum 20' landscaped setback" requirement has caused some - confusion in the review of development projects in that location. Staff is recommending that Diagram 15 be amended to accurately reflect the boundaries of the downtown area so that the setback requirements of the Downtown Element will be properly interpreted and applied. Refer to Exhibit B. GPA 92-6 (8555 El Centro Road - Lindsey) : The land use designation for this parcel is High Density Single Family with a corresponding zoning district of RSF-X (Residential Single Family - 0 .5 acre minimum lot size) . The property is within the Urban Services Line and sanitary \ sewer is available along the frontage of the property. —) The applicant is requesting a General Plan designation of High Density Multiple Family and a zoning district designation of RMF-16 (Residential Multiple Family - 16 units per acre) with a Planned Development Overlay. The PD Overlay would allow for a modification of normal development standards for the creation of "affordable housing" on this property. Staff believes that review and analysis of this proposal has merit and that the requested General Plan Amendment and corresponding Zoning Ordinance revision should be initiated. It should be noted that staff has determined that a focused EIR will be required for this project . Refer to Exhibit C. GPA 92-7 (7000-7600 Los Arboles - Michielssen) : The land use designation for this property is Low Density Multiple Family with a corresponding zoning district of RMF- 10 (Residential Multiple Family - 10 units per acre) . The property is completely developed and contains nine (9) 000104 ��� General Plan Amendment Cycle 92-2 3 Staff Report October 17, 1992 residential condominium units. When the property was developed, the General Plan designated the site for High Density Multiple Family and the zoning district was RMF-16 (Residential Multiple Family - 16 units per acre) . The property was developed to this higher density standard. .The change in General Plan and zoning district designations occurred with the adoption of the - General Plan Update in January of this year. The applicant is requesting that the General Plan and zoning district designations be returned to High Density Multiple Family with a PD-7 Overlay. The intent is to convert the existing project from condominiums to a small-lot (planned development) subdivision. Staff believes that review and analysis of this proposal has merit and that the requested General Plan Amendment and corresponding Zoning Ordinance revision should be initiated. Staff has determined this project to be categorically exempt from the provisions of CEQA because there is to be no new construction or entitlement for additional construction. Refer to Exhibit D. CONCLUSIONS• Although no indication can be made at this time regarding future action or recommendations, there appears to be some merit in considering each of the requested amendments to the City' s General Plan. Specific recommendations for approval or denial of these requests will be made only after appropriate environmental review, and analysis of the anticipated physical and fiscal affects of the proposals . As per usual practice, associated Zoning Ordinance amendments, as required, will be analyzed and recommended for action concurrently with action on the General Plan amendments . ATTACHMENTS : Exhibit A - GPA 92-4 Exhibit B - GPA 92-5 Exhibit C - GPA 92-6 Exhibit D - GPA 92-7 000105 EXHIBIT A rye, CITY OF ATASCADERO GPA 92-4 �Cc . COMMUNITY DEVELOPMENT Community Center ASK DEPARTMENT �ti•n i s o ti S / .� �� cr- U - 3 rlr W • W Q • �:, ,tea � �_..-r, � ; _ . J. I <\ 1 000106 EXHIBIT B CI - TY OF ATASCADERO GPA 92-5 ��, scwe�f -COMMUNITY DEVELOPMENT Downtown setbacks DEPARTMENT Diagram 15 �• Setbacks wt X--J �l g 'd OLMEDA AVENUE ` LEGEND \ j l +, Vb . V W Minimum 20'Landscaped I all W N 0 \ Setback Required LEWIS AVENUE \ ice/ V�/ _ _ ! 1( l Z I lL ; _� - ,,. ; • • Setback Conditions Vari- :�a p�—� `� _ ;\ �� \ Depending on Use and Parcel M,• ft PALMA AVENUE Size _ ,11 i ,w,.�l .fir innuin Setback Conditions Variable i but No Open Lots Allowed owl VIA EL OAMINO „IEAL — \ No Setbacks or Open Lots -llll III ** us "_" Allowed _7 - - \ 004111111110 Creek Setback to be 'D1 —1 Determined in Design Review i i 35 0 000107 \` J _rpt, �.. . • `►mss , Ar � FAW � .I��,f� t� L r •.?;:it's':••,�••�•,• �::t;?: ` I'24 ��►// �y •td� -.. .._ /�� till �l �„_:► s► -"�"•' IME41 ♦ j Assfilve pp Olt go IPA 47�- • tea¢ �a�t• '1 .� �♦ , e 1 MINUTES EXCERPTS CITY OF ATASCADERO PLANNING COMMISSION 11/17/92 ACTION MINUTES SUBJECT: B.4. GENERAL PLAN AMENDMENT CYCLE 92-2: Initiation of proposed amendments to the City' s General Plan and Zoning Ordinance. The filing period for the second round of amendments for 1992 closed on October 1, 1992, with two amendment requests having been filed by private applicants and two by the City. STAFF RECOMMENDATION: (DeCamp) The Planning Commission should recommend that the City Council initiate the four requested General Plan amendments and associated Zoning Ordinance map and text amendments as may be required: GPA 92-4 (Community Center - City of Atascadero) GPA 92-5 (Downtown Element Setbacks - City of Atascadero) GPA 92-6 (8555 E1 Centro Road - Lindsey) GPA 92-7 (7000-7600 Los Arboles - Michielssen) TESTIMONY: None ACTION: Approve staff recommendation Motion: Hanauer Second: Miller AYES: Lochridge, Carden, Hanauer, Berger, Miller, Johnson NOES: None ABSENT: Edwards 000110 �� REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-4 Through: Ray Windsor, City Manager Meeting Date: 12/08/92 File No: ZC 02-91 From: Henry Engen, Community Development Director SUBJECT• Adoption of an ordinance amending the Zoning Ordinance map by rezoning certain real property at 905 E1 Camino Real. RECOMMENDATION: Approval and adoption of Ordinance No. 249 on second reading. BACKGROUND: On November 24, 1992 , the City Council conducted a public hearing on the above-referenced subject. The Council concurred with the Planning Commission 's recommendation and approved Ordinance No. 249 on first reading changing zone designations to allow for a proposed auto sales mall and recreational vehicle park. HE:ph Attachment: Ordinance No. 249 cc: Guy Greene Daven Investments 000111 ORDINANCE NO. 249 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 4 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 905 EL CAMINO REAL FROM CT, RS (FH) , AND L (FH) (COMMERCIAL TOURIST, RESIDENTIAL SUBURBAN, RECREATION, FLOOD HAZARD OVERLAYS) TO CPR AND L (PD9) (FH) (COMMERCIAL PARK AND RECREATION, PLANNED DEVELOPMENT OVERLAY NO. 9 AND FLOOD HAZARD OVERLAY) (ZC 02-91: Daven Investments) WHEREAS, the proposed zoning map amendments are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are .in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the environment. The Environmental Impact Report prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held public hearings on April 21, 1992, and May 19, 1992, and November 3, 1992 and has recommended approval of Zone Change 02-91. NOW, THEREFORE, the Council of the City of Atascadero does is ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan land use element. 3. The proposal will not result in any significant adverse environmental impacts. Mitigation measures have been . incorporated into the project, which avoid or substantially lessen most of the significant environmental effects as identified in the Final EIR. A Statement of Overriding Considerations is warranted because the unavoidable adverse impacts on air quality and water supply are outweighed by the economic and social benefits of the project. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonius development. 000112 Page 2 Ordinance No. 249 5. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 7. The proposed plans offer certain redeeming features to compensate for requested modifications. Section 2. Zoning Map. Map number 4 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. Assessor' s Parcel Number 049-043-001 Section 3. Zoning Ordinance Text Development of said parcels shall be in accordance with the standards of the Planned Development Overlay No. 9, as established in Exhibit B and hereby made a part of this ordinance by reference. Section 4. Publication. The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. • 000113 Page 3 Ordinance No. 249 On motion by and seconded by the foregoing Ordinance is approved by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: ROBERT P. NIMMO, Mayor City of Atascadero, California ATTEST: LEE RABOIN, City Clerk APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director 0 000114 Page 1 of i (RS L, and CT) TO : •: "r and CPK (PD9) " 1 n f 1 � . . Y + q • I I = Knc: New Zone="ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged 000115 EXHIBIT B ORDINANCE NO. 249 9-3 . 653. Establishment of Commercial Park Planned Development Overlay Zone No-9 (PD9 ) . Commercial Park Planned Development Overlay Zone No. 9 is established as shown on the Official Zoning Maps (Section 9-1.102) . The following development standards are established: (a) A Master Plan of Development shall be approved prior to approving a Plot Plan, Precise Plan, Conditional Use Permit, Tentative Parcel Map, or Tract Map. The Master Plan shall be applied for and processed in the manner prescribed for a Conditional Use Permit (Section 9- 2.109) . (b) The proposed Master Plan of Development shall generally incorporate the mitigation measures as contained in the Final Supplemental Environmental Impact Report (EIR) , prepared by Site and Environmental Design, February, 1992. Depending on the proposed project, the EIR may need to be modified or expanded to address unforeseen environmental impacts. (c) In approving a Master Plan of Development, the level of processing for subsequent projects or phases may be reduced to a Plot Plan provided that the Master Plan contains sufficient detail to support a such a determination. (d) No subsequent Plot Plan, Precise Plan, Conditional Use Permit, Tentative Parcel Map. or Tract Map shall be approved unless found to be consistent with the approved Master Plan of Development. Any amendment to the Master Plan, including conditions thereof, shall be accomplished as set forth in Subsection (a) of this Section. (e) In approving a Master Pian of Development for the site, the conditionally allowed land uses are limited to the following: 1. Automobile, mobilehome, and vehicle dealers and suppliers (see Section 9-6.163) 2. Accessory Storage (see Section 9-6.103) 3. Building materials and hardware (Section 9-6. 165 ) 4. Business support services 5. Contract construction services 000116 6. Electronic and scientific instruments 7. Farm equipment and supplies 8. Furniture and fixtures 9. Horticultural specialties (see Section 9-6 . 116) 10. Sales lots (see Section 9-6.139) 11. Small scale manufacturing 12. Temporary events (see Section 9-6.177) 13. Temporary/seasonal sales (see Section 9-6. 174) 14. Utility transmission facilities 15. Vehicle and equipment storage (Section 9-6. 183) 16. Indoor Recreation 17. Pipelines 18. Public assembly and entertainment (f) Any development shall be served by an onsite sewage disposal system, unless an extension of the Urban Services Line is granted through a separate General Plan Amendment. 0.00117 EXHIBIT B (cont. ) ORDINANCE NO. 249 9-3 .654. Establishment of Recreation Planned Development Overlay Zone No.9 (PD9) . Recreation Planned Development Overlay Zone No. 9 is established as shown on the Official Zoning Maps (Section 9- 1. 102) . The following development standards are established: (a) A Master Plan of Development shall be approved prior to approving a Plot Plan, Precise Plan, Conditional Use Permit, Tentative Parcel Map, or Tract Map. The Master Plan shall be applied for and processed in the manner prescribed for a Conditional Use Permit (Section 9- 2.109) . (b) The proposed Master Plan of Development shall generally incorporate the mitigation measures as contained in the Final Supplemental Environmental Impact Report (EIR) , prepared by Site and Environmental Design, February, 1992. Depending on the proposed project, the EIR may need to be modified or expanded to address unforeseen environmental impacts. (c) In approving a Master Plan of Development, the level of processing for subsequent projects or phases may be reduced to a Plot Plan provided that the Master Plan contains sufficient detail to support a such a determination. (d) No subsequent Plot Plan, Precise Plan, Conditional Use Permit, Tentative Parcel Map. or Tract Map shall be approved unless found to be consistent with the approved Master Plan of Development. Any amendment to the Master Plan, including conditions thereof, shall be accomplished as set forth in Subsection. (a) of this. Section. (e) In approving &. Master Plan of Development for the site, the conditionally allowed land uses are limited to the following: 1. Recreational vehicle park (see Section 9-6. 180) 2. Accessory Storage (see Section 9-6.103) 3. Sports assembly 4. Caretaker' s residence (see Section 9-6.104) 5. Temporary events (see Section 9-6.177) 000118 6 . Rural sports/group facilities (Section 9-6.124) 7. Outdoor recreation services (see Section 9-6. 123 ) S. Fisheries and game preserves 9 . General merchandise stores, where related to recreational uses on the site 10. Temporary/seasonal sales (see Section 9-6.174) 11. Forestry (f) All development shall be served by an on-site sewage disposal system, unless an extensiion of the Urban Services Line is granted through a separate General Plan Amendment. 0'00119 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-5 Through: Ray Windsor, City Manager Meeting Date: 12/08/92 File Number: ZC 92-010 From: Henry Engen, Community Development Director SUBJECT• Adoption of an ordinance amending the Zoning Ordinance map to re- establish the Suburban Single Family Land Use of property located at 4500 Del Rio Road. RECOMMENDATION: Approval and adoption of Ordinance No 262 on second reading. BACKGROUND: On November 24, 1992, the City Council conducted a public hearing on the above-referenced subject. The Council concurred with the Planning Commission's recommendation and approved Ordinance No 262 on first reading changing the zoning designation from Public to Suburban Single Family. HE:ph Attachment: Ordinance No. 262 000120 ORDINANCE NO. 262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 5 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 4500 DEL RIO ROAD FROM PUBLIC (P) TO RESIDENTIAL SUBURBAN (RS) (ZC #92-010: CITY OF ATASCADERO) WHEREAS, the proposed zoning map amendment is consistent with the General Plan effect at the time of application initiation, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposal will not result in any significant adverse environmental impacts and the Negative Declaration prepared for the project pursuant to the California Environmental Quality Act; and WHEREAS, the Planning Commission of the City of Atascadero did review and consider the subject amendment during a public hearing on October 20, 1992, and recommended to the City Council the amendment be adopted; and NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with surrounding land uses and the zoning in effect at he time of application acceptance. 2. The proposal is consistent with the General Plan in effect at the time of application acceptance. 3. The proposal will not result in any significant adverse environmental impacts and the Negative Declaration prepared for the project pursuant to the California Environmental Quality Act; and Section 2. Zoning Map. Map number 5 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify the parcel listed below, and shown on the attached Exhibit "A, " which is hereby made a part of this ordinance by reference. Lot 14, Portion Block 21, City of Atascadero, CA 00+0121 Ordinance No. 262 Page 2 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. - Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing ordinance is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA By: Robert P. Nimmo, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON City Attorney x}00122 - N���I . ������ al ■a . . 1. �� - REPORT TO CITY COUNCIL 0 CITY OF ATASCADERO Agenda Item• D-6 Through: Ray Windsor, City Manager Meeting Date: 12/08/92 File Number: ZC 92-011 From: Henry Engen, Community Development Director SUBJECT: Adoption of ordinance amending the Zoning Ordinance map to des- ignate the City-owned lots on Lakeview Drive "Recreation" and one City-owned lot on Santa Rosa as Single Family RSF-Y. RECOMMENDATION: Approval and adoption 'of Ordinance No. 264. BACKGROUND: On November 24, 1992, the City Council conducted a public hearing on the above-referenced subject. The Council concurred with the Planning Commissions recommendation and approved Ordinance No. 264 on first reading. HE:ph Attachment: Ordinance No. 264 • 0001"5 - i ORDINANCE NO. 264 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 22 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN CITY OWNEDREAL PROPERTY ALONG LAKEVIEW DRIVE (ZC 92-011; City of Atascadero) WHEREAS, the proposed zoning map amendments are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on October 20, 1992 and has recommended approval of Zone Change 92-001. i NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1 . Council Findinas . 1 . The proposals are compatible with the surrounding land use and zoning. 2 . The proposals are consistent with the General Plan land use element and other elements contained in the General Plan, and specifically, the Parks and Recreation Element. 3 . The proposals will not result in any significant adverse environmental impacts . The Negative Declaration prepared for the project is adequate. Section 2 . Zonincr Map. Maps number 22 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department are hereby amended as shown on the attached Exhibits A which are hereby made- a part of this ordinance by reference. • 00011;$ Ordinance #264 Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days- after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 :01 a.m. on the 31st day after its passage. On motion by and seconded by - , the foregoing Ordinance is approved by the following role call vote: AYES : NOES : ABSENT: DATE ADOPTED: CITY OF ATASCADERO By: ROBERT P . NIMMO, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ART MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director 000127 ORDINANCE NO. 264 EXHIBIT A Page 1 of I r � it (F-5F4 Z S < i O �rL QO� Ew is �+.rte �►� i O O ►O +E+' V N New Zone="ABC" Old Zone=(XYZ) All Overlay Zones to remain unchanged 000128 MEETINt9�8�92 AGENDA D-1 DATEITEM# ,. 1 MEMORANDUM TO: Ray Windsor, City Manager FROM: Henry Engen 4K DATE: November 18, 1992 RE: Planning Commission Interest-Economic Round Table Appointment The following Planning Commissioners have expressed interest in being appointed to the Economic Round Table: Jim Edwards, Dennis Lochridge, Harold Carden III, Bob Johnson, and Don Hanauer.Again, the Round Table was interested in an appointee to provide liaison to the Planning Commission and the City Council requested an expression of interest from commissioners. �Ofl12