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HomeMy WebLinkAboutAgenda Packet 11/29/1994 LEE PRICE CITY CLERK AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM Tuesday, November 29, 1994 7:00 P.M. 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 expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be taken shall include: A referral to staff with specific requests for information; continuance, specific direction to staff concerning the policy ormission of the item,discontinuance of consideration;authorization to enter into negotiations and execute agreements pertaining to the item, adoption or approval,• and, disapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the office of the City Cierk (Room 2081 and in the Information Office (Room 1031, available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office ((8051461-50 1 OJ or the City Clerk's Office ((805) 461-50741. Notifica- tion 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 accessibility to the meeting or service. RULES OF PUBLIC PARTICIPATION: PLEASE SEE BACK PAGE CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL COMMENTS COMMUNITY FORUM: Please see "Rules of Public Participation'" (Back Page) A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion 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 Calendar: 1. CITY TREASURER'S REPORT - October, 1994 2. APPROVE PAYMENT OF AUDITED BILLS AND PAYROLL FOR THE MONTH OF OCTOBER, 1994 3. RESOLUTION NO. 118-94 - Authorize designation of stop intersection on Viejo Camino at Santa Barbara Road 4. TENTATIVE PARCEL MAP 94002, 5150 ATAJO ROAD - Consideration of application to divide an existing 5.05-acre lot into three (3) parcels for single family residential use (Gearhart/Cannon Associates) 5. RECONSIDERATION OF TENTATIVE TRACT MAP 23-89, 11455 VIEJO CAMINO - Eliminate conditions which require the creation of a homeowner's association to own and maintain common improvements and open space areas and to eliminate conditions which require the construction of a private pump station as a means of connecting to public sewer (Gearhart/Cannon Associates) 6. FINAL PARCEL MAP 92008 - Subdivision of two parcels containing 1 .73 acres into three lots of 0.73, 0.50 and 0.50 acres each. Subject site is located at 8475 and 8495 EI Dorado Rd. (Foran/Wilson Surveys) 7. CONSULTANT SELECTION COMMITTEE - Appointment of committee to rank engineering consultants for wastewater treatment facility upgrade design 8. CONFIRM CANCELLATION OF DECEMBER 27, 1994 CITY COUNCIL MEETING B. PUBLIC HEARINGS: 1. ORDINANCE NO. 280 - Amending Title 8 Building Regulations Chapter 12 on unreinforced masonry buildings to amend time limits for compliance and related matters (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) 2 C. REGULAR BUSINESS: 1. RESOLUTION NO. 117-94 - Authorizing the execution of an agreement with NCI Affiliates, Inc., for annual food service concession operation, Atascadero Lake Pavilion, February 1, 1995 - January 31 , 1996 D. 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/S.L.O. Regional Transit Authority 2. City/School Committee 3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group 4. Economic Round Table 5. Finance Committee 6. Highway 41 Realignment Community Advisory Committee E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council &,eo -ff7V6Lr d t'�'- �' ` do r (2 1'11 . 2. City Attorney �� 3. City Clerk f 4. City Treasurer 5. City Manager F. CLOSED SESSION: 1. CONFERENCE WITH LABOR NEGOTIATOR: Negotiator: City Manager Employee Organizations: Service Employees International Union, Atascadero Police Officers Association, Atascadero Sergeants Service Organization, Atascadero Safety Technicians Organization, Mid-Management Bargaining Unit, and Management Bargaining Unit 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Employee: Police Officer 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Stadium Park area Negotiating Party: Andy Takata, City Manager 48 Under Negotiation: Terms of possible property trade 3 RULES OF PUBLIC PARTICIPATION: The City Council welcomes and encourages your ideas and comments as a citizen. To increase the effectiveness of your participation, please familiarize yourself with the following rules of decorum o Members of the audience may speak on any item on the agenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. Items not on the agenda should be submitted during the Community Forum period (see below). o Persons wishing to speak should step to the podium and state their name and address, for the official record. o All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. o No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. o A person may speak for five (5) minutes. o No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. O Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. o The floor will then be closed to public participation and open for Council discussion. COMMUNITY FORUM: o The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. o A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. e State law does not allow the Council to take action on issues not on the agenda; staff may be asked to follow up on such items. REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item:i A-I Through: Micki Rorba Cit Treasurer Meeting Date: 11/29/94 g y From: Brad Whitty, Finance Director TIZ SUBJECT: Treasurer's Report - October, 1994 RECOMMENDATION• Council review and accept. Attachment: Treasurer's Report, October, 1994 (1,111 CI CITY OF ATASCADERO TREASURER'S REPORT FOR THE MONTH OF OCTOBER (Unaudited) GENERAL FISCAL ACCOUNT INVESTMENTS AGENT TOTAL BEGIN. TREASURER'S $120,256 $5,589,604 $599,515 $6,309,375 BALANCE RECEIPTS 552,979 87 2,417 555,483 DISBURSEMENTS < 832,008> -0 -0- < 832, 008> TRANSFERS IN 500, 000 -0- -0- 500, 000 TRANSFERS OUT -0- <500,000> -0- <500, 000> OTHER -0- -0 -0- -0- BALANCE $341,227 $5, 089,691 $601,932 $6, 032,850 DEPOSITS IN 116,324 TRANSIT CHECKS OUTSTANDING < 77,222> ADJUSTMENTS < 72> ADJUSTED TREASURER'S BALANCE $6, 071,880 CITY OF ATASCADERO MURIEL C. KORBA City Treasurer a:treas-rpt #40 ALL FUNDS - GENERAL ACCOUNTZINVESTMENTS RESERVED UNRESERVED CASH ( 1) CASH (2 ) FUNDS neral Fund Pooled Cash $ $ 725,627(3) las Tax Fund Pooled Cash 92,463 Development Fee Pooled Cash 109,744 Donations Pooled Cash 8,221 A.D. #4 - Reserve Pooled Cash 50,483 Zoo Enterprise Pooled Cash < 117,597> Payroll Trust Pooled Cash < 51,716> 92 St.A.D. Reserve 45 TRAN Repayment Pooled Cash -0- 93 STBG-688 Pool Cash 12,425 93 EDBG-268 Pool Cash <7,672> Dial-A-Ride Pooled Cash <26,767> Wastewater Fund Pooled Cash 1,666,494 Lake Park Pavil. Pooled Cash < 25,466> Aquatics Pooled Cash < 21,527> Recreation Pooled Cash < 550703> Tree Plant Fund Pooled Cash 36, 062 Tree Assn Fund Pooled Cash 2,399 Sidewalk Trust Pooled Cash 50,464 Emergency Services Pooled Cash 12, 821 Police Training Pooled Cash < 14,682> Weed Abatement Pooled Cash 10, 173 A.D. #3Redemptn. Pooled Cash 9,535 A.D. #4 Redemptn. Pooled Cash 3,675 A.D. #5 Redemptn. Pooled Cash 2,980 40amino Real Redm Pooled Cash <2, 180> 2 Street A.D. Redemptn Pooled Cash 6,493 9 COP Debt Svc Pooled Cash < 29,665> Capital Project Pooled Cash < 157071> 189 COP Const. Pooled Cash < 17,436> Pol. Dev. Fees Pooled Cash < 146,817> Fire Dev. Fees Pooled Cash 48, 974 P&R Dev. Fees Pooled Cash < 184,496> Drain. Dev. Fees Pooled Cash 416, 846 Psmapoa-Tec.. Fee Pooled Cash 234,788 Public Works Pooled Cash 421, 889 St. Main. Dist. Pooled Cash 460,920 TDA Non-Transit Pooled Cash 136,996 Sewer Facilities Capital 1,799,915 Camino Real Const. Pooled Cash 234,616 Las Encinas Const. Pooled Cash 69,355 3F Meadows Const. Pooled Cash 69,553 Santa Rosa A.D. #7 Pooled Cash 48,787 TOTAL ALL FUNDS 90,108 $5,379,840 CASH WITH FISCAL AGENT Camino Real Resr Cash $ 203,427 92 St. A.D. Resv Cash 45,691 Wastewater Fund Cash 70,773 Camino Real Redm. Cash 79,322 �2 St. A.D. Redm. Cash 3,464 9 COP Debt Svc. Cash 199,255 TOTAL WITH FISCAL AGENT $ 601,932 TOTAL RESTRICTED AND UNRESTRICTED CASH $6,071,880 INVESTMENTS TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND 10/31/94 INTEREST TIME DEPOSITS: AMOUNT RECEIVED (4) Orange County Investment Pool/IRAN $ 54,354 $ 29,354 Orange County Investment Pool 5,028,287 115,021 Local Agency Investment Fund 7 ,050 163 TOTAL TIME DEPOSITS $5, 089,691 144,538 Mid-State Interest Received 2, 152 TOTAL INTEREST RECEIVED $146,690(5) Notes: ( 1) Reserved Fund cash is specified for City debt service. (2 ) Unreserved Fund cash can be used for normal operations of the City. (3) The City must repay the $1,300,000. Tax Revenue Anticipation Note (TRAN) from this fund including $59,634 interest at 4.60% per annum by July, 1995. (4 ) October, 1994 interest yields were as follows: Orange County 6.35% LAIF 5.24% Mid-State 2. 15% (5) This is actual amount deposited to City accounts through October 31, 1994 and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. REPORT TO CITY COUNCIL Meeting Date: 11/29/94 CITY OF ATASCADERO Agenda Item: A-`' Through: Andy Takata, City Manager From: Bradford Whitty, Finance Director SUBJECT• Payment of Audited Bills and Payroll for the Month of October, 1994. RECOMMENDATION• Approve certified City accounts payable, payroll and payroll vendor checks for the month of September, 1994. Attached, for City Council review and approval, are the following: A. Payroll for Pay Period ending September 30, 1994 $136,755.28 B. Payroll for Pay Period ending October 14, 1994 131,552. 18 C. Payroll Vendor Checks for October 1994 132,200.37 D. Accounts Payable Checks for October 1994 295,943. 02 E. Special Payroll for October 14, 1994 268.72 F. Payroll monthend checks for October 32,259.38 The undersigned certifies that the attached demands have been released for payment in the total amount of $728,976.95 and have been reviewed in conformity with the budget of the City of Atascadero and that funds are available for these demands. Dated: 11/8/94 BRADFORD WHITTY, Finaync Director Approved by the City Council at a meeting held LEE PRICE, City Clerk a:auditbills #42 CITY OF ATASCADERO Pavroll for October, 1994 PAYPERIOD ENDING DATE: September 30 , 1994 CHECK NUMBERS ISSUED: 18157 to 18325 TOTAL AMOUNT: $136, 755 . 28 PAYPERIOD ENDING DATE: October 14 , 1994 (Special Payroll ) CHECK NUMBER ISSUED: 18345 TOTAL AMOUNT: $268 . 72 PAYPERIOD ENDING DATE: October i4, 1994 CHECK NUMBERS ISSUED: 18349 to 18492 TOTAL AMOUNT: $131 , 552. 18 PAYROLL MONTH END CHECKS CHECK NUMBERS ISSUED: 18666 TO 18671 TOTAL AMOUNT: $32 . 259 . 38 � Appr d: l l - Finance Direc or CITY OF ATASCADERO Pavment of audited bilis for OCTOBER. 1994 ACCOUNTS PAYABLE Check # 46488 through _48164 Total Amount : $295,943.02 — pro red ty, Finance rec or a T. x T •_ • •- ? 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DC 1 REPORT TO CITY COUNCIL Meeting Date: 11-29-94 CITY OF ATASCADERO Agenda Item: A-3 Through: Andy Takata, City Manager via: Henry Engen, Director of Community Development From: Valerie Humphrey, Engineering Division SUBJECT: Installation of stop signs on Viejo Camino at Santa Barbara Road. RECOMMENDATION: Traffic Committee recommends that Council adopt Resolution 118-94 establishing stop signs in the subject location. DISCUSSION• Currently this intersection is controlled by stop signs on Santa Barbara Road only. Due to the configuration of the intersection the vehicles stopped on Santa Barbara Road do not have a clear view of oncoming traffic. The installation of stop signs on Viejo Camino will improve the safety of this intersection. FISCAL IMPACT: The cost of installation is approximately $100.00 to be paid out of currently budgeted funds. Attachment: Resolution No. 118-94 000016 RESOLUTION NO. 118-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION ON VIEJO CAMINO AT SANTA BARBARA ROAD WHEREAS, Section 4-2 .801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic committee has recommended that Establishing a STOP intersection at the location described on attached Exhibit "A" will improve a hazardous traffic condition. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOP intersection at the location listed above. On motion by Councilmember , and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development 000017 L' A111D11 ..H.. RESOLUTION NO., 118-9' Existing Stop Sign Proposed Stop Sign �0� Proposed � Stop Sign Existing Stop Sign 0 � C1 5� O 0000ie REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-4 Through: Andrew J. Takata Meeting Date: 11/29194 City Manager File Number: TPM 94002 From: Henry Engen A& Community Development Director SUBJECT: Consideration of a tentative parcel map application to divide an existing 5 . 05-acre lot into three (3) parcels for single family residential use. Subject site is located at 5150 Atajo Road (Kelly Gearhart/Cannon Associates) . RECOMMENDATION: Per the Planning Commission' s recommendation, approve Tentative Parcel Map 94002 based on the Findings and Conditions of Approval contained in the attached staff report, dated November 1, 1994 . BACKGROUND: On November 1, 1994, the Planning Commission conducted a public hearing on the above-referenced map. After discussion (see attached minutes excerpts) , the Planning Commission recommended approval of Tentative Parcel Map 94002 in accordance with staff' s recommendations . HE:ph Attachments : Staff Report - November 1, 1994 Planning Commission Minutes Excerpts - 11/1/94 cc: Kelly Gearhart John Falkenstien, Cannon Associates 000()19 CITY OF ATASCADERO Item: g , l STAFF REPORT FOR: Planning Commission Meeting Date: November 1, 1994 BY: Gary Kaiser, Associate Planner GAi" File No: TPM #94002 SUBJECT: Consideration of a tentative parcel map application to divide an existing 5. 05-acre lot into three parcels for single family residential use. RECOMMENDATION• / Staff recommends the Planning Commission: 1. Find that the Negative Declaration prepared for the project is adequate under the requirements of the California Environmental Quality Act (CEQA) ; 2. Approve Tentative Parcel Map #94002 based on the Findings for Approval contained in Attachment I and the Conditions of Approval contained in Attachment J. i A. SITUATION AND FACTS: Z 1. Applicant. . . . . . . . . . . . . . . . . . . pP .Kelly Gearhart 2. Representative. . . . . . . . . . . . . . .Cannon Associates 3. Project Address. . . . . . . . . . . . . .5150 Atajo Road 4. Legal Description. . . . . . . . . . . .Lot 5, Blk 3, A.C. 5. Site Area. . . . . . . . . . . . . . . . . . . .5.05 acres 6 . Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Z (Res. Single Family, 1.5 to 2.5 min. lot size) 7. General Plan Designation. . . . .LDSF (Low Density Single Family) 8. Existing Use. . . . . . . . . . . . . . . . .vacant 9 . Environmental Status. . . . . . . . .Negative Declaration posted October 11, 1994 1 00 00210 ,l B. ANALYSIS• ID The project site, a 5.05-acre original Colon Lot is located on g Y , the north side of Atajo Road roughly 200 feet west of its junction with Chauplin Avenue (Attachments A & B) . ' The applicant wishes to subdivide this site into three (3) parcels for single family residential use (Attachment C) . Minimum Lot Size/Density Staff has calculated the minimum lot size for the site as prescribed in Section 9-3. 154 of the City Zoning Ordinance. The results are as follows: Lot Size Factor Distance from Center (4,000' - 6,000 ' ) 0. 10 Septic Suitability (40 - 59 min./inch: slow) 0.50 Average Slope ( 14.69 %) 0.30 Access Condition (Paved Road < 15% slope) 0. 15 General Neighborhood Character (0.85 * 0.2) 0. 17 Sum of Lot Size Factors. . . . . . . . . . . . . . . . . . . . . 1.22 acres Minimum Lot Size. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50 acres Although the sum of lot size factors is 1.22 acres, new parcels must be at least 1.5 acres within the RSF-Z zone. Favorable site characteristics, in this case, simply means that the minimum lot size allowed within the zone -- 1.5 acres -- may be applied to this project. Since each of the proposed lots are at least 1.5 acres, the project complies with minimum lot size/density standards contained in the General Plan and Zoning Ordinance. Site Characteristics -- Topography/Vegetation As noted above, the average slope of the site is approximately 150. This figure factors in a steep and well-defined drainage swale that traverses the property in an east-west direction. The building area on proposed parcel 1 is less than ten ( 10) percent, and the building areas on proposed parcels 2 and 3 are approximately five (5) percent. There are numerous Oaks which form a dense canopy along the aforementioned drainage swale, from the point that would be common to all three proposed parcels to the east. Outside the canopy area, there are two additional trees: an Oak and an Elm. As shown on the preliminary grading and drainage plan (Attachment D) , very little site disturbance would be required to develop each of the proposed parcels. Engineered drainage calculations have been provided which confirm that a 24" culvert is adequate for the crossing of the upper portion of the drainage swale; the preliminary grading and drainage plan shows the fill necessary to accommodate this swale crossing. 2 Percolation tests have been provided which confirm that each of the proposed parcels are suitable for the placement of conventional septic/leachfield systems. Moreover, there is adequate area on each of the proposed parcels for the placement of such systems in a manner which respects a 100-foot setback from the drainage swale without affecting existing trees. Mandatory Flag Lot Findings/Neighborhood Consistency Proposed Parcel 3 is "predominantly situated behind another lot" and is therefore defined by the Subdivision Ordinance as a flag lot. Section 11-8.209 of the Subdivision Ordinance establishes specific findings that must be made in approving flag lots. One required finding is that the subdivision is consistent with the character of the neighborhood in which it located. Attachments- E, F and G have been prepared to assist the Commission in their consideration of neighborhood consistency. Attachment E shows existing flag lots in the neighborhood; Attachment F shows existing lots in the neighborhood which are smaller than each of the proposed lots; and Attachment G is a composite graphic showing smaller lots, flag lots and lots in the neighborhood which are both. As evidenced by these Attachments, there are numerous flag lots in the neighborhood and numerous parcels which are smaller than those currently being proposed. Based on this assessment of existing neighborhood character, it is difficult to make a negative determination of neighborhood consistency. The other required findings for flag lot approval -- that the proposed flag lot is justified by topographic conditions and that a standard street is infeasible -- should also be rather easy to make. First, a subdivision design where all three new lots have direct frontage on Atajo Road would result in the need for one, and perhaps two, swale crossings farther to the east where the swale is heavily forested and much deeper. Whereas development of the proposed subdivision would not impact trees nor require significant earthwork, a subdivision design that avoids the creation of a flag lot would result in rather severe environmental impacts. This is true even if the "non-flag lot" design only proposed two parcels. Staff feels the proposed design is indeed justified by topographic conditions. The adverse environmental and aesthetic impacts of avoiding a flag lot outweigh whatever benefits would be derived from avoiding the creation of a flag lot. With respect to the latter finding, the Engineering and Fire Departments agree that access improvements required by the Subdivision Ordinance are adequate. Actually, there is little physical difference between the access road required by the - Subdivision Ordinance and the minimum City standard street - both have a paved driving surface of twenty (20) feet. 3 0000, ',2 Flag Lot Standards • Once it is established that the aforementioned mandatory findings can be made, "approvable" flag lot subdivisions should adhere to certain other criteria, or standards, as follows (from Section 11-8.209 of the Subdivision Ordinance) : A. The accessway serving the flag tot(s) shall not be included in the determination of required lot area for any lot. B. The original lot shall have frontage on a dedicated street of at least the minimum length required by these regulations for the zone in which it is located, plus the accessway required to potential rear lots. C. The accessway to the rear shall be at least twenty (20) feet wide (developed to City Standards) for residential zones, except where the accessway is more than one hundred fifty (150) feet long it shall be at least twenty-four (24) feet wide with twenty (20) feet of pavement. For all other zones, the accessway shalt be at least thirty (30) feet wide with a paved roadway at least twenty-four (24) feet wide. D. Each lot shall have yards as required by the zoning regulations, including a ten (10) foot setback along any accessway, whether easement or lot tine. E. The lot furthest from the street shall own the accessway in fee. Other lots using the accessway shall have an access and utility easement over it. F. Lots utilizing the accessway of a flag lot may be required to enter into a road maintenance agreement to insure perpetual maintenance and repair of the accessway. G. A reflectorized house numbering master sign shall be located at the intersection of the street and accessway, and individual reflectorized address signs shall be placed on the right hand side of the driveway to each individual lot. • Conditions of Approval contained in Attachment J are adequate to ensure recordation of a road maintenance agreement and development of an appropriate house numbering system. The project as, proposed complies with all other criteria. It should be noted that, although proposed parcel 2 is not considered` a flag lot (it has frontage on Atajo Road and is not "predominantly situated behind another lot" ) , access is being proposed by way of an easement through proposed parcels 1 and 3. This has been proposed as a means of avoiding the environmental effects of. another creek crossing (not to mention costs) . Staff certainly prefers the proposed design over one that, to avoid parcel 1 being labeled as a flag lot, incorporates another much more destructive creek crossing. Environmental Review The applicant has demonstrated that suitable locations exist on each of the proposed lots for the placement of buildings, sewage disposal systems and driveways without significant site disturbance. Staff finds no substantial evidence that the project would have a significant effect on the environment. A draft Negative Declaration has therefore been prepared (Attachment H) . 4 0000 ` 3 Review of Other Agencies According to the Fire Department, a new on-site fire hydrant 40 would be needed near the turnaround area on proposed parcel 3 (Attachment D) . Such a condition, requiring its installation prior to final map approval, is included in Attachment J. CONCLUSIONS• Upon consideration of site and neighborhood characteristics, staff feels the project "makes sense. " The project is consistent with the City's General Plan and Zoning provisions, would have no significant environmental effects and therefore has staff ' s support. ATTACHMENTS: Attachment A -- Location Map (General Plan) Attachment B -- Location Map (zoning) Attachment C -- Tentative Parcel Map Attachment D -- Preliminary Grading and Drainage Plan Attachment E -- Flag Lots in the Neighborhood Attachment F -- Smaller Lots in the Neighborhood Attachment G -- Composite Map of Neighborhood Attachment H -- Negative Declaration Attachment I -- Findings for Approval Attachment J -- Conditions of Approval GK:tpm94002.sr 5 it 1 �- . . ��,��' :- � ,. --� �• -. . . .. , �` h �� �� i „„„„�,� e�i�„l til 1tl� �I��I'I ��� ail � � .� i �"y';,� ATTACHMENT C TENTATIVE PARCEL MAP CITY OF ATASCADERO TPM 494002 •��M p COMMUNITY DEVELOPMENT DEPARTMENT e , 11,10 si a n 98 ;4 a .. .. ( I I� Nn \ i O J 00. 002`ldjjynn ry ATTACHMENT D GRADING & DRAINAGE PLAN CITY OF ATASCADERO TPM 494002 '1 COMMUNITY DEVELOPMENT DEPARTMENT V i F .10 21q 9g„ \ 7 ` E Z,` , 3 it ' o` ' :�:. ice=• ��.;,,�.: _ _ -�. ` �� � 14 i 0000':8 to �_� :' •• loomROO • j �:� �/�� ��/j� �� � ter► t 1 NOVA I!eGifill V's now P. 4W ■ k", �\15737MWR WOOL A w Ll WRAM `� % ,�1� ATTACHMENT H NEGATIVE DECLARATION CITY OF ATASCADERO TPM 494002 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ATASCADERO ENVIRO .ImENTAL COORDINATOR NEGATIVE DECLARATION COb4tit[.':11T1 DEVEIAP!�.`R'DEPT. 6500 P.1Lb(A AVE. ATASCADERO.GA 93422 (805} X61-5035 APPLZCA TT: KE%At -1 CW^a"i4-7C Po gox l a+t I�rThSc.AaE�y CA X3423 PROJECT TITLE: TEN'�cT�JE � - �A-� + eoZ PROJECT LOCATION: Sl So I6cT#�T-o VZ-A-0 PROJECT DESCIRIPTION: 5����J t OE S.o S' h L07 W-to 149-6�E' FINDO(GS: 1. The projem does not have:he pot=tW to degrade the envfronme= 2. 'Pse project wta not achieve short-tm=:o the d=dvantage of long-tr=e-v==e--W goals. 3. he project does:rot have=Panes which are:rd3 wally Umfted.but comulattvaY conside=ble. 4. The project wt11 not rause substandal adverse effec--s on ht=aa bis wt: direc-,y or:ndirx:ly. DETERMMATION: Based on the above ending&and the inforaadon contained in:he initial study;made a part hereof by refer- =ca and an 91e=the Community Deve!oPtnent oepar m=d.it has be=detc=sned that the above projecp. wo not have an advem=Pact oa the=v=ns,=t. Henry rrigen Community Development Director Date Posted: Oc.T 1,11 ICM — Date Adopted: G70 I1•r 000032 ATTACHMENT I - Findings for Approval Tentative Parcel Map #94002 Atojo Road (Gearhart/Cannon Associates) November 1, 1994 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS• 1. The proposed subdivision is consistent with applicable General and Specific Plans. 2. The design and/or improvement of the proposed subdivision is consistent with applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision design, and/or the type of improvements proposed, will not cause serious public health problems. FLAG LOT FINDINGS: 1. The subdivision is consistent with the character of the immediate neighborhood. 2. The installation of a standard street, either alone or in conjunction with neighboring properties, is not feasible. 3. The flag lot is justified by topographical conditions. 000033 ATTACHMENT J -- Conditions of Approval Tentative Parcel Map #94002 5150 Atajo Road (Gearhart/Cannon Associates) November 1, 1994 CONDITIONS OF APPROVAL: 1. Designated building sites shall be shown on the Parcel Map in substantially the same locations as shown on the preliminary grading and drainage plan contained in Attachment D. 2. The common access road shall be improved, as shown on the preliminary grading and drainage plan (Attachment D) , prior to the recordation of the Parcel Map. 3. All three (3) parcels shall be served by the common access road; a one-foot access denial strip shall be shown on the Parcel Map along the entire Atajo Road frontage, excepting therefrom the westerly twenty five (25) feet where the common access road is to be located. 4. A road maintenance agreement shall be recorded prior to or in conjunction with the recordation of the Parcel Map to ensure the perpetual maintenance of the common access road. 5. A master reflectorized address identification sign shall be placed, as approved by the Fire Marshall, at the intersection of the common access road and Atajo Road prior to the recording of the Parcel Map. In conjunction with the issuance of individual building permits, the Fire Marshall shall be satisfied that individual address signs are appropriately installed. Fire Department Conditions 6. A new fire hydrant shall be installed along the common access road in the general vicinity of the turnaround. The hydrant shall be installed and approved by the Fire Marshall prior to the recordation of the Parcel Map. Engineering Conditions 7. All improvements shall be constructed in accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 8. The applicant shall enter into an Engineering Checking and Inspection Agreement with the City' s Public Works Division prior to the acceptance of any material for review through the building permit application process. Prior to final inspection, all outstanding plan check/inspection fees shall be paid. (Page 1 of 3) 000034 9. A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding • grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report. 10. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to all street frontages. 11. All existing and proposed utility, pipeline, open space, scenic or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. 12. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 13. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each parcel or its public utility easement. 14. Any utility trenching in existing streets shall be overlayed to. restore a smooth riding surface as required by the City Engineer. Utility trenching within the right of way shall conform to City Standard #702 or as directed by the City Engineer. 15. A grading and drainage plan, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the recording of the parcel map. A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) . All areas within the project boundaries which are subject to inundation during the 100-year storm event shall be shown on the grading and drainage plan. 16. Erosion/sedimentation control measures to be used during construction along with any appropriate details regarding construction/installation shall be shown on the grading & drainage plan. 17. All property corners shall be monumented for construction control and shall be promptly replaced if disturbed. All final property corners and street monuments shall be installed, or bonded for, prior to acceptance of the improvements. • 18. A blackline clear Mylar (0.4 mil) copy and a blue line print of the parcel map shall be provided to the City upon recordation. (Page 2 of 3) 0000353 19. A Mylar copy and a blue line print of as-built improvement plans, signed by the registered engineer who prepared the plans shall be provided to the City Engineer prior to the final inspection. A certification shall be included that all survey monuments have been set as shown on the parcel map. 20. A parcel map in substantial conformance with the approved tentative map and in compliance with all conditions set forth in the City of Atascadero Subdivision Ordinance and the Subdivision Map Act shall be submitted to the City Engineer for approval. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. 21. All areas subject to inundation during the 100-year storm event shall be shown on the parcel map. 22. This tentative map approval shall expire two (2) years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date. tpm94002.con (Page 3 of 3) of,)0036 PLANNING_ COMMISSION MINUTES EXCERPTS CITY OF ATASCADERO • PLANNING COMMISSION 11/1/94 ACTION MINUTES SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS 1 . TENTATIVE PARCEL MAP #94002 : Consideration of a tentative parcel map application to divide an existing 5 . 05-acre lot into three (3) parcels for single family residential use (Kelly Gearhart/ Cannon Associates) . Subject site is located at 5050 Atajo Road. STAFF RECOMMENDATION: 1 . Find that the Negative Declaration prepared for the project is adequate under the requirements of the California Environmental Quality Act (CEQA) ; 2 . Approve Tentative Parcel Map #94002 based on the Findings for Approval contained in Attachment I and the Conditions of Approval contained in Attachment J. TESTIMONY: Lindsay Hampton, asked that the lots be outlined on the overhead presentation for the audience. John Falkenstien, Cannon Associates, representing the applicant, did not have any comments or concerns regarding the staff reports . He answered questions from the Commission. ACTION: Approve the Staff Recommendation. Motion: Wallace Second: Edwards AYES : Wallace, Edwards, Bonnema, Miller, Johnson NOES : None ABSENT: Lochridge, Messer (Page 3 of 6) 000037 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-5 Through: Andrew J. Takata Meeting pates 11/29/94 City Manager File Number: TTM #23-89 From: Henry Engen 4E Reconsideration Community Development Director SUBJECT: Reconsideration of Tentative Tract Map #23-89to eliminate conditions which require the creation of a homeowner' s association to own and maintain common improvements and open space areas and to eliminate conditions which require the construction of a private pump station as a means of connecting to public sewer. Subject site is located at 11455 Viejo Camino (Gearhart/Cannon Associates) . RECOMMENDATION• Per the Planning Commission' s recommendation, approve reconsideration of Tentative Tract Map #23-89 in accordance with the attached Revised Conditions of Approval, as revised by the Planning Commission on November 1, 1994. BACKGROUND: On November 1, 1994, the Planning Commission conducted a public hearing on the above-referenced reconsideration. It seems homeowner' s associations have come under an increasing number of legal attacks in recent years and that, as a result, it is now extremely difficult to obtain financing for property affected by a homeowner' s association. Rather than creating separate open space parcels, to be owned and maintained by an association, the reconsideration would place the same areas in open space easements to be owned and maintained by underlying property owners. With respect to sewerage, recent negotiations between the City, this applicant and the owners of the Bordeaux House Apartments indicate that upgrading and tying into the existing pump station within the Bordeaux project will prove to be a superior method of sewage disposal for this project and will solve existing problems (frequent failures) with the Bordeaux House facility. After discussion (see attached minutes excerpts) , the Planning Commission recommended approval of the subject reconsideration in accordance with staff ' s recommendations. Attachments: Staff Report - November 1, 1994 Planning Commission Minutes Excerpts - 11/1/94 Revised Conditions of Approval - 11/1/94 Is cc: Kelly Gearhart John Falkenstien, Cannon Associates 000038 PLANNING COMMISSION MINUTES EXCERPTS Planning Commission - Action Minutes, 11/1/94 SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS (continued) 2 . RECONSIDERATION OF TENTATIVE TRACT MAP #23-89: Reconsideration request to: (1) eliminate conditions which require the creation of a homeowner' s association to own and maintain common improvements and open space areas and (2) eliminate conditions which require the construction of a private pump station as a means of connecting to public sewer. STAFF RECOMMENDATION: Staff recommends the following: 1 . That a finding be made that the Negative Declaration prepared and approved for the project when originally approved is adequate for the subject reconsideration. 2 . That Tentative Tract Map #23-89 be re-approved based on the original Findings for Approval (Attachment A) and subject to the revised Conditions of Approval contained in Attachment E. TESTIMONY: John Falkenstien, Cannon Associates, representing the applicant, explained that he was the original Civil Engineer on this project a few years ago. He commented on how the project has changed over the years . When the project was originally approved, the concept of the use of the RMF zones for PD subdivisions was relatively new, and there was a lot of discussion at that time about how generally to make that process work, and what would be expected of a project that would make use of RMF zoning to produce a subdivision of single family residences . Since that time, a PD-7 Zone has been established, along with approval guidelines that have made these types of projects a lot more common. The major change that made this project viable is the sewer situation. Previously, in the original proposal, a private sewage lift station was to be constructed and a sewer line under pressure was going to be constructed in Viejo Camino up to El Camino Real and then north along El Camino Real to tie into the existing sewer. The applicant has been able to make arrangements with the owners of the Bordeaux House apartments to make use and upgrade their sewer system and use their lift station, and in the process, eliminate one of their sewer lift stations and connect into the City sewer system. The Bordeaux House sewer system has been quite a burden to the City and this project will alleviate that burden. The applicant is putting quite a bit of money into upgrading the Bordeaux House system so that it can be taken under the City maintenance system. Taking this action, makes the project viable. (Page 4 of 6) 00,0039 Planning Commission - Action Minutes, 11/1/94 SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS 2 . RECONSIDERATION OF TENTATIVE TRACT MAP #23-89 : (continued) Syd Bowen, 5550 Cascabel, was concerned with the CC&R' s that will be 'imposed on the property owners in this project. He envisions that in the future someone will buy a house, not be fully aware of the CC&R' s, and they will discover that they own. a piece of property adjacent to another piece of property that they are required to maintain and that the landscape requirements on that other piece of property are already dictated. He was also concerned that, if the City of Atascadero restricts fencing of the open space, the person who is responsible for maintaining a piece of property has no way to defend himself against liability because it will be available for anyone to walk on, through or manipulate in any way they want . He wonders if that will in some way subject the City of Atascadero to liabilities because it imposed those restrictions on the property owner. Another concern is that the City is placing restrictions on the use of a piece of property, given . recent Supreme Court decisions particularly dealing with open space easements imposed by government agencies as conditions for development . In these decisions, the Cities were supposed to provide reasonable cause for requiring that the open space be made available for the public good. He didn' t see that the City of Atascadero had done that here, and that the City might be leaving itself open for future litigation regarding it ' s requirements . ACTION: Approve the staff recommendation with the following amendment to Attachment E, Condition #33 : "All fencing shall be shown on landscape plans and shall be reviewed and approved by the Community Development Department . No sight-obscuring fencing over three (3) feet in height will be allowed between the open space easement areas which are a part of Lots 4 and 14 and the building sites on these lots. pectens--e€—these—epee spaee easements shall be left unebstrueted—by feneing of any 'rA nd . No sight- obscuring fencing shall be constructed around other portions of these open space easements. No cyclone fencing will be allowed. " Motion: Edwards Second: Miller AYES: Edwards, Miller, Bonnema, Wallace, Miller, Johnson NOES : None ABSENT: Lochridge, Messer (Page 5 of 6) 00001/10 Attachment E - Revised Conditions of Approval Reconsideration of Tentative Tract Map #23-89 11455 Viejo Camino (Gearhart/Cannon Associates) As revised by Planning Commission during November 1, 1994 hearing CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company. Water services shall be extended to the property line frontage of each parcel prior to the recording of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 4. The newly formed lots shall be connected to the Public Sewer. All annexation permit fees in effect at the time of recordation shall be paid for the newly created lots prior to the recording of the final map. Any sewer extensions for annexation must be completed within one year after annexation. 5. Sewer main extension plans shall be submitted for review and approval by the City Engineer prior to the recording of the final map. A 15' public sewer easement shall be provided for all sewer mains within the project boundary. 6. Provide plans for a sewer pump station with a flow limited to 150 gallons per minute for review and approval by the City Engineer. Demonstrate that the pump time for this project can be coordinated with the other pump stations along E1 Camino Real. A Sewer Pump Station Operation and Maintenance Agreement shall be submitted for review and approval by the City Attorney and the City Engineer. In lieu of constructing a sewage pump station, the applicant may upgrade the existing pump station northeast of the project boundary which serves the Bordeaux House Apartments. Plans for the proposed upgrade shall be submitted for review and approval by the City Engineer. Public sewer easements shall be acquired by the applicant from the project boundary to the pump station and from the pump station to E1 Camino Real. The pump station and sewer mains shall be dedicated to the City. The dedication shall in a form acceptable to the City Engineer and City Attorney. 7. Grading and drainage plans prepared by a Registered Civil Engineer shall be submitted to the Community Development Department for review and approval prior to the issuance of any building permits or the recording of the final map. 8. Obtain an encroachment permit from the City of Atascadero Engineering Department. Sign an Inspection Agreement guaranteeing that the work will be done and the inspections paid for prior to the start of public works construction. Construct improvements as directed by the encroachment permit prior to final building inspection for the first structure or the expiration of one year, whichever comes first. 9. A Road and Drainage Maintenance Agreement for facilities within the project boundary shall be submitted for review and approval by the City Attorney and the City Engineer. On-site streets and drainage facilities shall be private improvements and will not be accepted by the City as public improvements. 10. Road improvement plans prepared by a Registered Civil Engineer shall be submitted to the Community Development Department for review and approval. Plans shall include, but shall not be limited to the following: Viejo Camino: Design shall include City standard curb, gutter and 5-foot sidewalk. Pavement shall be widened to a 32 foot wide travel surface from centerline to face of curb. Include a left turn lane on Viejo Camino to serve La Paloma Court. La Paloma Court: Design shall include 20 feet of pavement as shown on the Grading/Drainage plan. No ons-street parking is allowed other than in designated locations. 11. A professionally-prepared landscaping plan, covering the entire project site, shall be submitted for review and approval by the Community Development Department prior to final map recordation and/or final inspection of any structure. Said landscape plans shall specify what soils preparation, if any, must be done in order to ensure vigorous plant growth and sustainability. Each lot shall be landscaped pursuant to the approved landscape plan prior to the final inspection of structures on a per-lot basis. The landscape professional who prepared the landscape plans shall certify that landscaping, including any necessary soil preparation and irrigation systems, has been installed in accordance with the approved plans and sound landscaping practices. 12. Landscaping shall include placement of street trees and appurtenant irrigation system along the Viejo Camino right- of-way. A maintenance easement shall be provided to the City across proposed lots 4 and 14 for future tree trimming. An agreement and security for the maintenance or replacement of street trees for a period of one year after recording the tract map shall be posted with the Community Services Department. The form of the agreement and security shall be subject to review and approval by the Director of Community Services. 13. Construction of the public road improvements shall be completed or suitable guarantees shall have been provided prior to recording the final map. 14. All public improvements shall be covered with a 100% Performance Bond and a 100% Labor and Material Bond until construction is accepted and by a 10% Maintenance Bond until 1 year after construction approval. 15. All utilities shall be installed underground and service lines shall be brought to the property line frontage of each lot during the construction of La Paloma Court. 16. Lots 4 & 14 shall have no direct access to Viejo Camino. These lots shall gain access via La Paloma Court. Relinquishment of access rights shall be delineated on the final map. 17. Drainage Facilities shall be constructed to City of Atascadero Standards. All work shall be suitably guaranteed prior to recording the final map, and completed prior to the final building inspection for the first structure. 18. All grading and erosion control measures shall be designed by a Registered Civil Engineer and constructed in accordance with the City of Atascadero grading codes and standards. Prior to recording the final map, the engineer shall submit to the City written certification that grading is in conformance with said codes and standards. 19. A drainage easement shall be provided in conformance with City Standard 5.03 to access and maintain the North Fork of Paloma Creek. Mowing, weed control, removal of litter and other routine maintenance activities shall be the responsibility of the owner of Lot 14. A 15' wide drainage easement shall be provided between Viejo Camino and the North Fork of Paloma Creek for the proposed storm drain emanating from the drop inlet on Viejo Camino. 20. The developer shall grade and lower the creek channel below the box culvert invert. The channel shall be lowered the full length of the Paloma Park property. The creek shall remain in its natural state with rock rip-rap at drainage outlets, but no concrete channelization. ;0000,13 21. The developer shall relocate the Paloma Park fence, to the satisfaction of the Director of Community Services, as necessary to accommodate the redirected creek channel. 22. Provide a site drainage plan demonstrating that the drainage facilities proposed will accommodate the 10 year runoff event and that the 100 year runoff event will be contained within roadways or other drainage swales. 23. Extend the box culvert located beneath Viejo Camino as necessary to support the road widening and sidewalk. Extend metal beam guard rails and bridge railing at back of sidewalk as directed by the City Engineer. 24. Offer to dedicate to the City of Atascadero the following right-of-way: Street Name: Viejo Camino Limits: 42 feet from centerline of right of way along entire project frontage. 25. Offer for dedication to the Public for Public Utility Easements the following: a. A 6 '-0" PUE along La Paloma Court frontage. b. La Paloma Court right-of-way. 26. Offers of dedication shall be completed and recorded prior to or simultaneous with the recordation of the final map. 27. Prior to the recording of the final map, a soils investigation as required by the Subdivision Map Act shall be submitted recommending corrective actions which will prevent structural damage to each structure proposed to be constructed in the area where soil problems exist, as indicated in the Preliminary Soils Report. The date of such reports, the mane of the engineer making the report, and the location where the reports are on file shall be noted on the final map. 28. The applicant shall establish Covenants, Conditions and Restrictions (CC&Rs) for the regulation of land use, control of nuisances, architectural control of all buildings, and maintenance of driveways, fencing and landscaping. These CC&Rs shall be submitted for review and approval by the City Attorney and Community Development Department prior to the recording of the final map. 29. Three (3) City standard fire hydrants are required as approved by the Fire Department. 0000,14 30. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners by a Registered Civil Engineer or Licensed Land Surveyor as required by the Land Surveyors Act and Subdivision Map Act. Monuments set within any road right-of-way shall conform to City Standards. b. Pursuant to Section 66497 of the Subdivision Map Act, the engineer or surveyor shall notice the City Engineer in writing that the monuments have been set. C. A recently updated preliminary title report shall resubmitted for review in conjunction with the processing of the final map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 31. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 32. Subject to the approval of the Community Development Department, an asphalt ribbon walkway shall be extended from the easterly terminus of new concrete sidewalk to the paved parking lot at Paloma Creek Park. (This condition supersedes a former condition requiring the placement of a walkway across the creek. ) 33. All fencing shall be shown on landscape plans and shall be reviewed and approved by the Community Development Department. No sight-obscuring fencing over three (3) feet in height will be allowed between the open space easement areas which are a part of Lots 4 and 14 and the building sites on these lots. Ether—gertiens-ef these epeR spare easements teal be-left ubetEueted by=€eneing of any kind. No sight-obscuring fences shall be constructed around the perimeter of open space easement areas. Cyclone fencing shall also not be allowed. 34. Exterior colors and materials for all structures are subject to review and approval by the Community Development Department, prior to final building inspections and prior to the future replacement of exterior materials, including exterior painting. 000045 ITEM: B . 2 M E M O R A N D U M TO: Planning Commission FROM: Gary Kaiser, Associate Planner�r¢ SUBJECT: Reconsideration of Tentative Tract Map #23-89 11455 Viejo Camino (Gearhart/Cannon Associates) La Paloma Estates DATE: November 1, 1994 RECOMMENDATION• Staff recommends the following: 1. That a finding be made that the Negative Declaration prepared and approved for the project when originally approved is adequate for the subject reconsideration. 2. That Tentative Tract Map #23-89 be re-approved based on the original Findings for Approval (Attachment A) and subject to the revised Conditions of Approval contained in Attachment E. BACKGROUND: Tentative Tract Map #23-89 was considered by the Planning Commission on April 17, 1990 and was approved by the City Council on May 8, 1990. The staff report prepared for Commission's April 17, 1990 meeting is attached hereto and should provide sufficient background information regarding the project as previously approved (Attachment A) . The approved tentative map, having had a couple of time extensions granted, is still effective. However, three (3) relevant administrative decisions were made which affect the approved project. First, a determination was made that a revised layout of lots 14 through 19, which increased common open space and avoided having to redirect Paloma Creek from its natural course, was in substantial conformance with the approved tentative map (Attachment B) . Second, the applicant's proposal to modify building architecture and reduce the density of the project (number of bedrooms per unit, not number of units) was approved. Finally, a change in on-site grading plans to eliminate what proved to be an unworkable walkway through the middle of the project was also approved by staff. Grading and building permits have been issued and project construction is now underway. In addition to on-site work, public improvements are also underway for the construction of Viejo Camino to collector road standards. 0000111; ANALYSIS• The subject reconsideration request was received on September 14, 1994 (Attachment C) . The purpose of the reconsideration is to ( 1) eliminate conditions which require the creation of a homeowner' s association to own and maintain common improvements and open space areas and (2) eliminate conditions which require the construction of a private pump station as a means of connecting to public sewer. The request for elimination of a homeowner' s association stems from their growing unpopularity, vulnerability to legal attacks, and the fact that obtaining financing and/or title insurance for property affected by an association is extremely difficult nowadays. The request for flexibility with respect to the method of connecting each of the new residential units to public sewer stems from recent negotiations between the applicant, City and owners of the Bordeaux House Apartments that indicate a superior and mutually preferred method of sewerage, that includes upgrading and tying into the existing lift station within the Bordeaux complex, is available. Elimination of Homeowner's Association/Modified Tract Design The approved tentative tract map, and proposed modified tentative map, are contained in Attachments B & D, respectively. Although the overall number of residential lots and amount of open space . would remain essentially unchanged, the size of residential parcels is proposed to be made larger -- some substantially -- in order to avoid the creation of separate open space parcels that would have to be owned and maintained in common through a homeowner' s association. Whereas the project as originally approved was for ten (10) 3-bedroom units and nine (9 ) 4-bedroom units, the nineteen homes currently under construction are all 3- bedroom units. Thus, density has been reduced and the amount of open space maintained. With the proposed elimination of a homeowner' s association, however, a substantial reduction in the amount of open space accessible for common use would result. Located immediately adjacent to Paloma Creek Park, the need for common areas within the project for recreational use is indeed less than critical provided there remains adequate open spaces for landscaping, aesthetic relief and private enjoyment. The tract as originally approved included a total of twenty three (23) lots -- nineteen ( 19) for residential use and four (4 ) for common open space use. The revised tentative tract map now being proposed would merge these four (4) open space areas into contiguous residential lots, to be maintained by the respective lot owners rather than an association. Private Road Maintenance • The elimination of a homeowner' s association would trigger a need for an alternate means of maintaining the private road and other improvements within the roadway. Road maintenance agreements have been successfully used in the past to maintain private roads and common driveways and would be an acceptable method of maintaining the private road through this project. Open Space Easement/Landscaping Existing conditions of approval require preparation and approval of a landscape plan for the treatment of all portions of the site not occupied by impervious improvements. Existing conditions also require recordation of Covenants, Conditions and Restrictions (CC&Rs) to ensure the perpetual maintenance of landscaped areas. All areas originally planned as common open space to be owned and maintained by an association are proposed to be placed in open space easements to preclude the placement of structures. These areas, landscaped pursuant to an approved landscape plan, would be owned and maintained by individual property owners pursuant to CC&Rs. Fearing that individual lot owners will have little incentive to maintain open space easement areas if they are allowed to be fenced, staff recommends that fencing of the open space easement not be allowed. Having open space areas actually a part of individual yard areas, coupled with CC&R requirements to maintain all portions of an individual lot owner' s property, whether part of an open space easement or not, should provide adequate assurance that open spaces will be maintained. If worst comes to worst, the City could perform the necessary maintenance and place a lien on the respective property in much the same manner as currently done by the Fire Department if requirements for weed abatement are ignored. Sewerage Existing conditions of approval locking the applicant into a specific sewer connection scheme involving a private pump are indeed inappropriate, especially in a case like this where an optional method may indeed be available that is superior. The City Engineer has provided revised conditions of approval which include the option of upgrading and tying into the existing lift station within the Bordeaux House Apartments. If this can be accomplished, it would not only take care of sewerage for this project it would also correct existing problems (frequent failures) with the pump station at Bordeaux. • 0000,18 CONCLUSION• Staff feels that, by adding and/or strengthening requirements to • establish open space easements and ensure the planting and maintenance of suitable landscaping and fencing, the project can indeed proceed without the creation a homeowners association. Staff also believes that eliminating the homeowners association requirement can occur without detracting from the appearance of the project and/or upkeep of the project in general once complete. Attachments: Attachment A --April 17, 1990 staff report Attachment B -- Approved Minor Tract Reconfiguration Attachment C -- Reconsideration Request Attachment D -- Proposed Modified Tentative Map Attachment E -- Revised Conditions of Approval TPM23-89.rec i 0000( 9 ATTACHMENT A 4/17/90 STAFF REPORT TPM 423-89 RECONSIDERATION • CITY OF ATASCADERO Item: p• f STAFF REPORT FOR: Planning Commission Meeting Date: April 17,1990 BY: Michael Sullivan, Assist.Planner File No: TTM 23-89/ZC 13-89 SUBJECT: Consideration of a request for a zone change to establish a Planned Development Overlay Zone (PD-7) in the Residential Multiple Family 10/Flood Hazard Overlay (RMF-10) (FH) zone; and for a Tentative Tract Map to create 19 lots for single family residences and 4 lots for common areas on the 5.69 acre property. RECOMMENDATION: Staff recommends conditional approval of Zone Change 13-89 based on the Findings for Approval contained in the Draft Ordinance (Exhibit J) . Likewise, staff recommends approval of Tentative Tract Map 23-89 based on the Findings for Approval in Exhibit K and the Conditions of Approval in Exhibit L. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . .Larry Van Gundy 2. Representative. . . . . . . . . . . . . . .Joseph Boud and Associates 3. Project Address. . . . . . . . . . . . . . 11455 Viejo Camino 4. General Plan Designation. . . . .Low Density Multi-Family 5. Zoning District. . . . . . . . . . . . . .RMF/10 (FH) 6. Site Area. . . . . . . . . . . . . . . . . . . .5. 69 acres 7. Existing Use. . . . . . . . . . . . . . . . .One single family residence (to be removed) 8. Environmental Status. . . . . . . . .Negative Declaration posted March 27, 1990 000050 A� ANALYSIS: The proposed zone change and subdivision are linked together for this report because the tentative tract map approval is dependent on the zone change approval. The applicant proposes to establish a Planned Development Overlay Zone Number 7 to the existing Residential Multiple Family 10 (Flood Hazard overlay) zoning and to create a subdivision for 19 single family homes and four lots for common open areas. The residences would consist of ten 3-bedroom units and nine 4-bedroom units designed with several different elevation treatments using a Spanish style architectural theme. An existing single family residence within the project area is to be moved. Private Conditions, Covenants and Restrictions are proposed. Connection to the gravity portion of the City sewer system line on El Camino Real would be achieved by a pressurized sewer line along Viejo Camino using an on-site pumping station maintained privately. Proposed road improvements include curb, gutter, sidewalk, and drainage improvements. The creek channel would be realigned slightly and regraded in some portions, but would otherwise remain natural with no concrete channelization. The Grading and Drainage plan assures protection from a 100-year flood. The zoning and General Plan designations in the vicinity of the project site are as shown in Exhibit A. The property to the north and west in the RMF-16 zone is the Bordeaux House apartments. The property to the south in the RS (FH) zone is single-family residential use. The property to the east is outside city limits and is owned in common with the State Hospital and is developed as Paloma Creek Park. The north fork of Paloma Creek, shown as "blue line" on the USGS map, runs near the southeast edge of the project site and traverses the south corner of the site. Purpose for Zone Change to PD-7 Overlay The primary reason for the requested zone change to PD-7 overlay is to permit development on lots smaller than the minimum lot size of one-half acre as required in multiple family zones (General Plan, page 57 , Residential Policy # 6; and Zoning Ordinance Section 9-3. 174) . The General Plan Residential Policy # 6 states that in multi-family use areas, "smaller lots may be allowed in conjunction with planned residential developments provided that the overall density within the project is consistent with other density standards contained herein. " The proposed density conforms to the density standards (RMF-10) of the Zoning Ordinance and General Plan, as the RMF/10 zone allows 5 three-bedroom units per acre and 3.8 four bedroom units per acre. Secondary purposes of the zone change to PD-7 are to allow modification of front setbacks from 25 feet to 20 feet and to' allow minor modifications to parking requirements. 000051 4� rVver--- F The applicant's project description states, "The Planned Development concept would be employed, enabling the units to be located outside of the seasonal creek (north fork, Paloma Creek) which crosses the property at the southern tip. This also permits the units to be clustered on areas of more gentle slopes. The development will include such amenities as interior pedestrian pathways and passive recreational areas, uniform landscaping and buffer vegetation, compatible architecture, uniform fencing, signage and lighting. " Consistency with Zoning Ordinance and General Plan Requirements for Planned Developments Staff believes the proposed development is consistent with the requirements and intent of the Planned Development (PD) Overlay Zone. The Zoning Ordinance contains the purpose and required findings for PD zones. The purpose statement (Section 9-3. 641) reads, "The Planned Development Overlay Zone identifies areas where development standards or processing requirements different from those established by the underlying zoning district are deemed necessary to promote orderly and harmonious development and to enhance the opportunity to best utilize special characteristics of an area. " To implement the purpose statement, the following four findings (Section 9-3. 644) must be made: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. 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. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. The proposed plans offer certain redeeming features to compensate for the requested modifications. The applicant' s development statement summary (Exhibit B) and other information contained in the project brochure present a valid argument for allowing the planned development. Although the lots are smaller then one half acre (ranging in size from 6000 to 17,270 sq. ft. ) , the proposed residential plan presents another option to townhouse apartments or large-lot single family homes. 000052 to(If 44 Property Development Standards The proposed density of residences is lower than what would be permitted in the RMF-10 zone. With 0-10% slope, the allowed maximum number of units would be 28. 45 3-bedroom units or 21. 62 4-bedroom units. Using the contour measurement method, the applicant computed that the average slope for the project is 10%. For RMF-10 standards on 0-10% slope the required lot area per unit would be 8712 sq. ft. for a 3-bedroom unit and 11,463 sq. ft. for a 4-bedroom unit. Therefore the proposal for ten 3- br. units and nine 4-br. units would require a total space of 190, 287 sq. ft. while the total site area contains 247,856 sq. ft. (5. 69 acres) . The proposed residential lot sizes range from 6000 to 17,270 sq. ft. with an average size of 7700 sq. ft. A modification of the front setback is proposed to permit a 20 ft. setback rather than 25 ft. Staff believes that this should be granted because many of the lots are shallow enough to warrant a reduced setback and the site disturbance is minimized. The minimum side and rear setbacks of 5 and 10 ft. are to be maintained. The Zoning Ordinance requires a total of 56 parking spaces, as follows: per 3-BR unit: 2.5/unit x 10 = 25 spaces per 4-BR unit: 3. 0/unit x 9 = 27 spaces guest 1.0/5units = 4 spaces 56 total The parking plan of the project would require the following modifications: (1) 55 total spaces instead of the required 56 spaces (2) no handicap spaces instead of the required 2 spaces (3) guest spaces on street to be 8x22 instead of 9x22 ft. This request should be granted, for each single family residence contains the required two spaces and more than adequate guest parking is provided. It is the number of bedrooms that increases the required parking. A general landscaping plan is as shown in the Site Plan. The proposal also includes specifications for on-site signage, lighting, fencing, and street furniture. An archaeology report was prepared and concluded that no known resources are located at the site. The Zoning Ordinance requires immediate notification to the City if any artifacts are found. 000053 The property is within the City of Atascadero Sewer District and sewage treatment will be provided by that facility. A sewer lift station will be built on the project site and an offsite 4" pressure discharge line approximately 1200 ft. in total length will be extended to serve the development and connect with the nearest city main sewer line (the gravity system on E1 Camino Real) . All of the residences within the project will have lateral connections into the project' s gravity sewer main line that then connects to the lift station. The Conditions of Approval of Public Works Dept. specify conditions related to the sewer system including the on-site pumping station. Atascadero Mutual Water Company will supply water. The water main will be extended on the site along La Paloma Court and individual hookups will be provided for each residence. All of the other utilities (P.G. and E. , gas, telephone, cable TV) will be extended to all of the residences in the project through standard construction agreements with the suppliers of those specific utilities. The Public Works Dept. has a Condition of Approval that states that these utilities shall be installed underground and service lines shall be brought to the property line frontage of each lot during construction of La Paloma Court. Standards of the Residential Muli le Family Percent coverage: 40% maximum coverage of lot by structures permitted. Project meets this standard. Enclosed storage: 100 sq. ft. per dwelling required. This is provided within the garage space. Outdoor recreation areas: 300 sq. ft. per unit required. Suffient space in provided by the individual yards. Additional space is provided in the 4 common open space lots. Screening wall: Not required because no single family uses abut the property. Fences already exist around Bordeaux House apartments. Covered parking: One covered space per dwelling unit required. This is provided by the 2-car garage for each unit. Environmental Concerns and Mitigation Measures Staff determined that although the proposed project could have some significant effects on the environment, there will not be a significant effect in this case because mitigation measures have been added to the project. Revegetation graded areas in the creekway and rock rip-rap at drainage outlets entering the creekway is required. The previously proposed 2-ft. wide concrete channel for the creekway 000051, V".1. 1 centerline will not be recommended. It is anticipated that natural plant succession will eventually re-establish native vegetation along the realigned creekway area. Drainage from the site to the north fork of Paloma Creek is to be controlled by the drainage measures shown on the Grading and Drainage Plan. In addition, the Conditions of Approval call for the addition of rock rip-rap at drainage outlets and revegetation of graded creekway areas to prevent erosion. Drainage from off the site is to be addressed by Conditions of Approval of Public Works Dept. which include improvement of the box culvert under Viejo Camino. The engineering design of the project for flood control is discussed in Exhibit H. The project shall meet the construction standards and other standards for the Flood Hazard Overlay Zone. The proposed 2- ft. wide concrete channel in the centerline of north fork of Paloma Creek shall not be installed and that the creekway flow shall be maintained by appropriate regrading of the channel and the installation of rock rip-rap. Staff believes the elimination of the proposed concrete channel is more in keeping with the General Plan (Residential Policy Proposal # 11, page 57) which recommends minimum disruption of native vegetation and watersheds. Because the creek has a relatively minor flow volume and is intermittent, it is probably not necessary to include the proposed 2-ft. wide concrete channel as a means of enhancing creek flow. The applicant submitted information on traffic analysis (contained in Exhibit G) . No adverse impact to the City's . traffic system is anticipated. The Conditions of Approval call for a left-turn pocket to provide better safety and to prevent backup of traffic on Viejo Camino behind vehicles turning left into the tract. Impacts on fire, police, schools, and parks are part of the cumulative effects generated by the addition of 19 single family homes. Impacts on these services are expected to be absorbed adequately within existing capacities of those services. For fire protection the site will have three on-site fire hydrants. La Paloma Court is to be a private street and will be maintained according to a private maintenance agreement. The Viejo Camino road frontage improvements and widening will help mitigate traffic impacts. The sewer engineering design has been reviewed by the City Engineering Division and additional Conditions of Approval have been imposed by the Public Works Deptartment to ensure proper functioning of the system. The police department has requested that La Paloma Court should be a public street, however, under this Planned S Development plan the street is intended to remain a private one because it serves only the residents of the project. The developer has stated that the guest parking spaces on La Paloma 000055 . ; A-1 Court (17 spaces) would give more than sufficient parking room for police vehicles. The Police Department has also expressed concern about the need for a repeater station in this area due to the poor radio reception. Development fees will be collected, a portion of which are directed toward public safety. An Archaeology Report of Dec. 19, 1989 by Charles Dills states that the site has no known significant archaeological resources. The recommendation of the report is that the project should be allowed to continue with no further archaeological impediment. CONCLUSIONS: Staff believes that the proposed project justifies the granting of the zone change establishing the Planned Development Number 7 Overlay, and that the proposed tentative tract map for single family housing presents a development which is consistent with the City's General Plan and goals and policies. Staff believes that the areas of environmental concern will have been satisfactorily mitigated by the design of the project and by the Conditions of Approval for the tentative tract map. ATTACHMENTS: Exhibit A .- Zoning and General Plan Map Exhibit B - Development Summary Exhibit C — Tentative Tract Map 23-89 Exhibit D - Site Plan Exhibit E - Grading and Drainage Plan Exhibit F - Floor Plans/Elevations Exhibit G - Development Statement Exhibit H - Letter from Engineer Exhibit I - Negative Declaration Exhibit J - Draft Ordinance for Zone Change 13-89 with Findings for Approval Exhibit K - Findings for Approval for TTM 23-89 Exhibit L - Conditions of Approval for TTM 23-89 0000156 CITY �F ATASCADE EXHIBIT A . _ RO _ ZONING AND GENERAL PLAN COMMUNITY DEVELOPMENTZONING 13-89 / TTM 23-89 DEPARTMENT Pu. I C . ' wUStw0E40 frwrE . � ` I, J SITEfc• 11455•• �^• ` Viejo Cam' o ((�j�� • OE"far� � +� • y . EtwESrrOM R � 1, v m •rItr /weR,r QRS �'H / •, � � � �- , ••�• 1� REr a7 M i Zoning General Plan -9minerfDevelooer La Paloma Estates Van Gundy Development Company 799 Higuera Street Atascadem. Catifomia San Luis_Ohispo.CA 93401 000057 EXHIBIT B CITY OF ATASCADERO PROJECT SUMMARY COMMUNITY DEVELOPMENT ZC 13-89/TTM 23-89 DEPARTMENT La Paloma Estates i A Planned Residential Development in Atascadero,California Project Description The property owners desire to develop their 5.69 acre property with 19 single family detached homes. The residences would consist of a mix of 3 and 4`bedrooms designed with several different elevation treatments using a Spanish style architectural theme. The Planned Development concept would be employed, enabling the units to be located outside of the seasonal creek which crosses the property at the southern tip. This also permits the units to be clustered on areas of more gentle slopes. The development will include such amenities as interior pedestrian pathways and passive recreational areas, uniform landscaping and buffer vegetation, compatible architecture, uniform fencing, signage and lighting. Project Options Other development options were considered, such as townhouse apartments and a large lot subdivision of the property for custom build-out after lot sales. Because of the large inventory of apartment properties presently available in the city of Atascadero and the large amount of grading activity that a mass of apartments or common-wall buildings would require, the apartment option was dismissed. likewise dismissed was the option of developing a large lot subdivision (20,000 sq ft or larger lots), since the City contains a large inventory of attractive suburban residential properties that aren't located adjacent to a high density apartment project and a busy city park. ' It was decided then, that the most realistic and appropriate design solution for this site would be a low density development of single family detached residences clustered through the gentle sloping areas of the property. EXHIBIT D SITE PLAN CITY OF ATASCADERO zC 13-89/TTM 23-89 -7 COMMUNITY DEVELOPMENT DEPARTMENT Site Plan Conceptual Landscaping am La Paloma Estates Jn"hBOW Van Gur*o.«+bn"m CARP" -uaw sr.w,!M 1'06 t»r.o MM 9"" mi Atascadero.Caldoa San lui.oeavo.CA 041 s.n tuft of eP..CA 1.01 000059 EXHIBIT E GRADING/DRAINAGE PLAN .6041 JAS CITY OF ATASCADERO zc 13-89/TTM 23-89 ' COMMUNITY DEVELOPMENT DEPARTMENT Grading/Drainage/Utility Plan VAr /, � ► �'t •♦^• ♦. 4141.. � st � �� op ;< 0 sA i s i'• — ---41_41=:� � v � r •t'` r YK w"H' +� 4141�...4141.�.... _.\\\y `.I\ • 4141.. Van�►� of co"W" F _ La Paloma Estates 7°°"�sem« Atascadero.Galilomia ---- ?� &Aim I�,r aebve.c►u+o� s.n WrceMvo.c+►Utos i�M ()()0l l(;v EXHIBIT F ELEVATIONS/FLOOR PLAN � CITY OF AT A.SCADERO ZC 13-89/TTM 23-89 664 Aa —sC� , f COMMUNITY DEVELOPMENT DEPARTMENT . o aM L� _ PLAN 'S' First Floor Second Floor 1891 Sq Ft Elevation 1 Elevation 2 Le Paloma Estates _ l nw"W-6 OR" Atasmdero.calilomia San L4L onrv..CA 83MI Son L UW 001ga.CA 03w1 EXHIBIT G JOSEPH BOUD ASSOCIATES IN December 18, 198Q P Michael Sullivan £" City of Atascadero DEC 19 1999 Community Development Department 6500 Palma Avenue C4Mn�tlnrl i r ut�tLUr'm i�T Atascadero, CA 93422 Re: La Paloma Estates Tract 18641PIanned Development Rezone 11455 Viejo Camino Dear Mr. S ullivan, ' As you requested in in your November 7, 1989 letter and clarified in our November 30 meeting,the following supplemental infonrriation is provided for your review and consideration. Project Design StandardslAdjustments Lot Sizes. The Planned Development concept allows smaller lot sizes than speeded in the Zoning and Subdivision Ordinances. On this project, using smaller lotsizes and providing large, accessible and useable common areas presents an interesting design solution and provides obYious benefits to the future occupants of the property. The La Paloma Estates project has residential lot sizes that range from 6000 square feet to 17,270 square feet Frith an average size of 7,700 square feet. The common area totals 66,500 square feet. Since each lotalso has unrestricted access to and;hares a fee We interest in the common lore,the average lot size is actually 11,200 square feet. RoadwayICirculation. Planned Development allow for different road may designs than ordinance standards. The roadway that loops through the property is proposed as a private street with two 12 footwide travel lanes and guestparking spaces located conveniently throughoutthe loop. Parking spaces are proposed as 8 feet wide by 22 feet long,which is the standard that is recommended in the Cal Trans Traffic Design Manual. Handicapped spaces are not proposed,since they are not a requirement for single family residences. Each residence does contain a two car garage and(za Fz� driveway area,which provides adequate area for this type of user. Building Setbacks. Building setbacks have been reduced to 20 feet on some of the lots,which enables a driver to back out of the garage or driveYvay and still sec both directions for oncoming traffic before actually entering the traveled road,,,ray. Traffic Traffic generated from the 19 residential units will number approximately 116 Trips Per Day*(TPD). As shown on the tract map,a 12'offer of dedication will be made along the Viejo Camino frontage and that frontage improved with curts,gutters and sidevY'alks. The intersection of Viejo Camino and EI Camino Real has recently been widened and resurfaced and contains a northbound acceleration lane and a continuous lett turn lane for approximately 800 feet of southbound traffic. Both of these streets in this area continuously operate at Level of Service 'A'and no adverse impact to that system is anticipated. *TPD standards from ITE Trip Generation Manual- 1982 edition. (100062 A� 1009 na«o Street,Suite 206 0 @0 eg'- --c MS� g�I IV Sm Luis Obispo.U 93101 i0S/S13- 566 Road Improvement Plans & Sewer Improvement Plans i These plans are included with the revised subdivision plans(attached)and also described in the original submittal package. Archaeological Study An archaeological surface search was conducted by Charles Dill,registered archaeologist,who concluded thatthe site is clear of any archaeological material. The preliminary finding letter is attached and the complete report will be forwarded when received. Conditions, Covenants & Restrictions A draft set of CC&R's are attached. These covenants address such items as the operation and maintenance of all common walkway and landscape areas,project drainage system,sanitary sewer system,roadway and circulation system,architecture and design compatibility, nuisances, and the management of same. Geology & Soils Evaluation A soils report was conducted and submitted with the initial application. The report concluded that the site was suitable and appropriate for residential development and contained standards and recommendations for construction. Further,a geologic evaluation has been made,which also concluded that the site is an appropriate one for residential development. This lettertevaluation is attached. Miscellaneous 'Check-lisC Items Other minor and miscellaneous items noted in your letter and check-list,such as landowner consent form,signatures on hie maps, locations and sizes of utilities,etc., have either been incorporated with the map revisions or attached to this transmittal. Please don't hesitate to contact my office should you have any questions on any of this material or require any addition information to help with your review of the project. S incerely, ' JrEud Joseph Bo ud&Associates cc: Steve deCamp Henry Engen Attachments . 000063 r s EXHIBIT H CUES?A ENGINEERING 7401-B EI Camino Real/P.O. Box 2066 Atascadero, California 93423 (805)466-6827 October 23 , 1989 Planning Division City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Subject: Tentative Tract 1864 - Van Gundy La Paloma Estates , Viejo Camino Avenue Gentlemen: The attached tentative map application includes proposals for off- site sewer improvements and both on and off-site drainage channel improvements along the North Fork of Paloma Creek. Sheets 2 and 3 of the tract map submittal describe the preliminary designs for these improvements . The sewer design for the project has been reviewed with the Engineering Division. We propose to serve the individual lots with gravity service to a gravity main within the project site. A private lift station will pump to the public sewer in E1 Camino Real , near San Diego Road. According to Gary Sims, there is adequate capacity in the existing main in E1 Camino Real. Pumping from the lift station will have to be in accordance with the current pumping schedule in effect for this section of the sewer system. This pumping schedule currently regulates discharge from the Bordeaux House apartments, Casa Camino apartments, Lost Oak Mobile Home Park and other projects in the area, and was designed to accomodate future projects. The proposed lift station and holding tank will be designed to work within the constraints of the pumping schedule. The project site is adjacent to the North Fork of Paloma Creek. This intermittant creek enters the property through existing box culverts under Viejo Camino and d flows northeasterly between the site and Paloma Creek Park. The creek was included in the 1982 FEMA Flood Insurance Study for Atascadero. Portions of the site are located within the 100-year flood plain. The existing creek will be cleaned of debris and will be graded to carry a 100-year storm flow within the channel designed for the project. The improvement of this channel will relieve upstream property of standing water held back by debris and siltation. OCT 241989 COMMUNITY OEVEIQPMENT 000064- fFAA=FKL. Au The existing creek crosses the southerly corner of the project site and flows northeast along Paloma Creek Park property. The Park improvements have been designed to leave a wide strip of land available for this drainage course. Drainage improvements will include extension of the box culvert at Viejo Camino in conjunction with street widening, a concrete flowline gutter to relieve nuisance water on the site, and excavation of the channel on Park property to ensure positive flows through the Park. The channelization of the creek will accomodate 100-year storm flows. All future homes will be well above the flood plain levels designated by the FEMA Study. all work will be done in accordance with Ordinance 193 of the Municipal Code relating to Flood Damage Prevention. Drainage calculations based on the storm flows given in the FEMA Study are attached, along with preliminary cross- sections of the proposed creek channel improvements . We would be pleased to meet with you to review this application and answer any questions regarding these proposed improvements . i Sincerely, 1 � / John Falkenstien R.C.E. 33760 89-038 . app 000065 r r .J EXHIBIT I CITY L i ATASCADERO NEGATIVE DECLARATION COMMUNITY DEVELOPMENT ZC 13-89/TTM 23-89 DEPARTMENT CITY OF ATASCADERO 1°»7 ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION COWAUN=DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO,CA 93422 (805)461-5035 APPLICANT: t,,Avtr�-Y -,/n►J ✓n�io"(' �9 g H��rv�r-1r sem' cit g34a �ONc� GN/1rXsE tom,- aa� ►.�M�— t��MTo iPfl-"� i /ENP, PROJECT TITLE: T E►J S n"C t�/r� 't r` GT M n w 2-"�- SGo v N T`(' "C �i�G'T PROJECT LOCATION: 1 { G{-�� v►��v C�r� ►n/O PROJECT DESCRIPTION: a vqA rj&-6 19"^^ �E S t�'U `'��' ^^%J L,-'C t- r.A.*A►L(' 10 '� 'Ca ���t.�tJNE19 DEv�1,11Va 6t t, f OVCGn-a AC 17vNe ►.lc'r�tr eK— S U� 't Cpp-��1 /two 5✓igt�t�/�3ta►.� of� -cwa Esct4-r%i-J6- Lo-t5 aF -Co-CAL, ei� Gg /f-G a`�J�C4jtY��tq vrnrnov.��rt�/t FSMtc.�( ►ecrit�GNLL 5 FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited,but comulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERMNATION: Based on the above landings,and the information contained in the initial study(made a part hereof by refer- ence and on file in the Community Development Department),it has been determined that the above project will not have an adverse impact on the environment. Henry Engen Community Development Director Date Posted: -4AA"" 7.71 i990 Date Adopted: 000066 CDD 1149 � .� i.n •rQ5 EXHIBIT J ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 23 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 11455 VIEJO CAMINO FROM RMF/10 (FH) TO RMF/10 (FH) (PD7) (ZC 13-89: Van Gundy/Boud) 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 April 17, 1990 and has recommended approval of Zone Change 13-89. NOW, THEREFORE, the Council of the City of Atascadero does 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. The Negative Declaration prepared for the project is adequate. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonius 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. 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 000067 Ordinance No. ' 7. The proposed plans offer certain redeeming features to compensate for requested modifications. Section 2. Zoning Map. Map number 23 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. Lot 12 and 13, Block 67; Atascadero Colony 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: DATE ADOPTED: By: ROLLIN DEXTER, Mayor City of Atascadero, California 000068 ` }"1„r 43- ' 7t1a, ATTEST: LEE DAYKA, Acting 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 000069 .4 � (1nnn If], EXHIBIT A CITY OF ATASCADERO ZONING MAP ' COMMUNITY DEVELOPMENT ORDINANCE 207 DEPARTMENT . I 4000*1 1 i I ITE I � � L� '.• � wEdo� / � � r !4ihy yrt• �' 1 T � F ` ✓ RS a . ' i N r !;I �"'ASC•pEg0_, ' C � H EXHT.BIT Al. CITY OF ATASCADERO TRACT MAP COMMUNITY DEVELOPMENT ORDINANCE 207 DEPARTMENT Subdivision Plan -Tract 1864 L on.: a waa a .,y 4 I Y.I{�Ir1/KIJtif ..fYMr vet • _ [JrN/I !M-(rr�.u. mmrm.><roo� Le Paloma Estates ��� Van Gump�� coWw�► Alascadero.California �s,�w t Obl@M CA i 340i SN Luo CLiR CA 63401 i T- • Exhibit J - Conditions of Approval Tentative Tract Map 23-89 11455 Viejo Camino (Van Gundy/Houd) April 17, 1990 (as revised by the Planning Commission) CONDITIONS OF APPROVAL: 1 . Water shall be obtained from the Atascadero Mutual Water Company. Water services shall be extended to the property line frontage of each parcel prior to the recording of the final map. 2 . All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3 . All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 4 . The newly formed lots shall be connected to the Public Sewer. All annexation permit fees in effect at the time of recordation shall be paid for the newly created lots prior . to the recording of the final map. Any sewer extensions for annexation must be completed within one year after annexation. 5 . Sewer main extension plans shall be submitted for review and approval by the Public Works Department prior to the recording of the final map. 6. Provide a sewer pump station design with flow limited to 150 gallons per minute. Demonstrate that the pump time for this project can be coordinated with the other pump stations along E1 Camino Real. 7 . Grading, and Drainage plans , prepared by a registered Civil Engineer shall be submitted to The Community Development Department for review and approval by the Community Development and Public Works Departments prior to the issuance of any building permits or therecording. g of the final map. 8 . Obtain an encroachment permit from the City of Atascadero Public Works Department. Sign an Inspection Agreement guaranteeing .that the work will be done and the inspections paid for prior to the start of public works construction. Construct improvements as directed by the encroachment • permit prior to final building inspection for the first structure or the expiration of one year, whichever comes first. C��00'72 9. A road maintenance agreement, in a form acceptable to the City Attorney, shall be included in the C.C.& R. ' s for this tract. 10 . Road improvement plans prepared by a Registered Civil Engineer shall be submitted to the Community Development Department for review and approval by the Public Works Department. Plans shall include, but not limited to the following. Viejo Camino: Design shall include City standard curb, gutter and, 5 foot sidewalk. Pavement shall be widened to a 32 foot wide travel surface from centerline to face of curb. Include a left turn lane on Viejo Camino to serve La Paloma Court. La Paloma Court: Design shall include 20 feet of pavement as shown on the Grading/Drainage plan. No on-street parking is allowed other than in designated locations. 11 . Provide a landscaping plan for review and approval by the Director of Community Development. Landscaping shall include placement of trees and appurtenant irrigation system along the Viejo Camino right of way. A maintenance easement shall be provided to the City across proposed lots 22 and 23 for future tree trimming. A landscape maintenance agreement shall be included in the C.C.& R' s. An agreement and security for the maintenance or replacement of landscape plants and trees for a period of one year after recording the tract map shall be posted with the Department of Public Works . The form of the agreement and security shall be subject to review and approval by the Director of Public Works . 12 . Construction of the public road improvements shall be completed or suitable guarantees shall have been provided prior to recording the final map. 13 . All public improvements shall be covered with a 100% Performance Bond and a 100% Labor and Material Bond until construction is accepted and by a 10% Maintenance Bond until 1 year after construction approval. 14 . All utilities shall be installed underground and service lines shall be brought to the property line frontage of each lot during the construction of La Paloma Court. 15 . Parcels 22 & 23 shall have no direct access to Viejo Camino. Access shall be by way of the La Paloma Court. Relinquishment of access rights shall be delineated on the final map. 16. Drainage Facilities shall be constructed to City of Atascadero Standards . All work shall be suitably guarantee 0000'73 prior to recording the final map, and completed prior to the final building inspection for the first structure. 17 . All grading and erosion control measures shall be designed by a registered Civil Engineer and constructed in accordance with the City of Atascadero grading codes and standards. Prior to recording the final map the engineer shall submit to the City written certification that grading is in conformance with said codes and standards. 18 . The City shall be provided with an easement to access and maintain the north fork of Paloma Creek channel. Mowing, weed control, erosion control, removal of litter, and other routine maintenance activities shall be the responsibility of the development. These activities shall be addressed in the C.C.& R' s. 19. The developer shall grade and lower the creek channel below the box culvert invert. The channel shall be lowered the full length of the Paloma Park property. The creek shall remain in its natural state with rock rip-rap at drainage outlets, but no concrete channelization. 20 . The developer shall relocate the Paloma Park fence, to the satisfaction of the Director of Parks and Recreation, as necessary to accommodate the redirected creek channel. 21 . Provide a site drainage plan demonstrating that the drainage facilities proposed will accommodate the 10 year runoff event and that the 100 year runoff event will be contained within roadways or other drainage swales. 22 . Extend the box culvert located beneath Viejo Camino as necessary to support the road widening and sidewalk. Extend metal beam guard rails and bridge railing at back of sidewalk as directed by the Director of Public Works . 23 . Offers of dedication to the City of Atascadero the following right-of-way. Street Name: Viejo Camino Limits : 42 feet from centerline of right of way along entire project frontage. 24 . Offer for dedication to the Public for Public Utility Easements the following: a. A 6' -0" PUE along La Paloma Court frontage. b. La Paloma. Court right of way 25 . Offers of dedication shall be completed and recorded prior to or simultaneous with the recordation of the final map. { 000,74 26. Prior to the recording of the final map, a soils . investigation as required by the Subdivision Map Act shall be submitted, recommending corrective actions which will prevent structural damage to each structure proposed to be _ constructed in the area where soil problems exist, as indicated in the Preliminary Soils Report. The date of such reports, the name of the Engineer making the report, and the location where the reports are on file shall be noted on the final map. 27 . The applicant shall establish Covenants, Conditions and Restrictions for the regulation of land use, control of nuisances, architectural control of all buildings, driveway and landscape maintenance. These C.C.& R.' s shall be submitted for review and approval by the City Attorney and the Community Development Department prior to the recording of the final map. 28 . Three (3) City standard fire hydrants are required as approved by the Fire Department. 29. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners by a Registered Civil Engineer or Licensed Land Surveyor as required by the Land Surveyors Act and Subdivision Map Act. Monuments set within any road right of way shall conform to city standard drawing M-1. b. Pursuant to section 606497 of the Subdivision Map Act the engineer or surveyor shall notice the City Engineer in writing that the monuments have been set. c. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 30 . Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 31 . Subject to the approval of the State of California, the creek walk shall be extended along the entire length of the North Fork Paloma Creek to the existing pathway within 000075 +®#lam Paloma Creek Park. 32 . Plans for interior fences along the common open space areas shall be reviewed and approved by staff to ensure conformance with the Design Review Guidelines and to preserve the sense of open space intended by the common areas . 0000 Af6 EXHIBIT R - Findings for Approval Tentative Tract Map 23-89 11455 Viejo Camino (Van Gundy/Bond) April 17, 1990 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1. The proposed map is consistent with the applicable General or Specific Plan. 2. The design and/or improvements of the proposed subdivision is consistent with the applicable General or Specific Plan. 3. The site is physically suitable for the proposed type of development. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision, as conditioned, and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The design of the subdivision and/or the type of proposed improvements will not cause serious health problems. m .� ATTACHMENT C I ( RECONSIDERATION REQUEST TPM 423-89 RECONSIDERATION n WS199 A >,164 O E S September 14, 1994 tamerly CSO Engineering,Inc. CCm,%juN f.y DEVEL0Pv1-:1N7 ENGINEERS Community Development Department CITY OF ATASCADERO PLANNERS 6500 Palma Avenue SURVEYORS Atascadero, CA 93422 Subject: Developer's Statement for Revised Tentative Tract 1864, La Paloma Estates Gentlemen: Tentative Tract 1864 was originally approved in April, 1990- At that time the developer of the project perceived a market for an upscale development of homes surrounding a well appointed commonly maintained open space area. The open space area was to be maintained by a homeowner's association along with the private street and private sewer lift station. The association would also have had administrative responsibilities as outlined in C. C. &R s which would regulate architectural features,front yard landscaping, and control of nuisances. In recent years, however, the establishment of homeowner's associations has become less popular. Homeowner's associations have been subject to numerous legal attacks and are now considered high exposure risks. Associations are becoming increasingly less attractive to buyers who are concerned about monthly fees and regulation of their private interests. Additionally, the State Department of Real Estate has changed its policies to allow the sale of homes in a tract without a report filed with the Department as long as no homeowner's associations are involved. These factors have led to Mr. Miller's decision to revise the tentative approval with a project that will not include an association. The density, grading and design of lots will remain essentially unchanged. This has allowed construction of the project grading, streets, and utilities to begin under the original approval. The interior street will remain private and will be maintained by the lot owners in accordance with a street maintenance agreement. All utilities will be publicly 364 PACIFIC STREET maintained including the sewer system. SAN Luis OBISPO. CA 93401 In the original tentative approval, a privately maintained sewer lift station was 0 proposed that would pump eluent in a force line to El Camino Real. Mr. 805.544-7407 FAx 805.544-3863 0000178 ATTACHMENT B APPROVED TENTATIVE MAP CITY OF ATASCADERO TPM 423-89 RECONSIDERATION COMMUNI'T'Y DEVELOPMENT DEPARTMENT 7i, co 27 1 . i ' 2 t Jill .N ( 1 f •1 �, Ja $ %lei �♦ 20 t•, 1 1 E D t1�1� cn Jill Ili 1Z 11-41 LU Ee 11 010 a. co lk IN g a � C / / .� 1 ♦ �� ` 1 Ito r`, 1 � � j ^i r,. �! ! �' 9 `\ 1 it ' 1 ,/ '• ! ' , � . ! �i i 1 4 y W i 1 IV 11 1 `W ]x`11 1 i 1 ` •1' . `7•, y ;` i/i �� !! ' 1 I 1 1 1 ,` :' 1�`-' 11 1 t�1 --` / • ill;'� o • 650 1 e I ' I , 1�\I / 111,'`n tt 1 LI` � .��,' 3��'/;, ' •3� 4 tr4t�� t Y x E• �t Vs ,n City of Atascadero September 14, 1994 OCIATES Page 2 Miller and the City have been able to reach an agreement with the owners of the Bordeaux House Apartments to accept the sewers from La Paloma Estates into the Bordeaux lift station. The Bordeaux lift station will be upgraded and accepted for maintenance by the City. The deletion of the homeowner's association and the construction of a public sewer will necessitate changes to the original conditions of approval. Those changes are proposed as follows: 6. Upgrade the Bordeaux lift station#2 in accordance with the requirements of the Director of the City Wastewater Division. 9. A private street maintenance agreement shall be provided for this tract. 11. Provide a landscaping plan for review and approval by the Director of Community Development. 15. Lots 4 and 14 shall have no direct access to Viejo Camino. Relinquishment of access rights shall be delineated on the final map. 18. The City shall be provided with an easement to access and maintain the North Fork of Paloma Creek. Mowing, weed control, removal of litter, and other routine maintenance activities shall be the responsibility of the lot owner. 19. The developer shall grade the North Fork of Paloma Creek to provide drainage from the box culvert under Viejo Camino. The creek shall remain in its natural state,with rock rip-rap at he box culvert outlet and on the creek bank as needed,without concrete channelization. 27. Delete. 31. Delete. 32. Delete. Single family home ownership continues to be the goal of every young American family. This project is well suited to meet this goal in Atascadero with its proximity to Paloma Creek Park. We believe the revisions proposed for this project will retain its appeal and that La Paloma Estates will be an attractive addition to the City of Atascadero. Sincerely, S;bh'nFZaIkenstien P. E. JRF:dlw 940309\devstmt 000080 ATTACHMENT D PROPOSED MODIFIED MAP TPM #23-89 RECONSIDERATION CITY OF ATASCADERO a •M n COMMUNITY DEVELOPMENT DEPARTMENT =s a F- � Z • a 64 1-43 lvfji 1: �1 1A 1010 1— vis' 97! •�. , ..g�� �� a � � y / � 000081 Attachment E - Revised Conditions of Approval Tentative Tract Map #23-89 11455 Viejo Camino (Gearhart/Cannon Associates) Reconsideration Request of November 1, 1994 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company. Water services shall be extended to the property line frontage of each parcel prior to the recording of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 4. The newly formed lots shall be connected to the Public Sewer. All annexation permit fees in effect at the time of recordation shall be paid for the newly created lots prior to the recording of the final map. Any sewer extensions for annexation must be completed within one year after annexation. 5. Sewer main extension plans shall be submitted for review and approval by the City Engineer prior to the recording of the final map. A 15' public sewer easement shall be provided for all sewer mains within the project boundary. 6. Provide plans for a sewer pump station with a flow limited to 150 gallons per minute for review and approval by the City Engineer. Demonstrate that the pump time for this project can be coordinated with the other pump stations along El Camino Real. A Sewer Pump Station Operation and Maintenance Agreement shall be submitted for review and approval by the City Attorney and the City Engineer. In lieu of constructing a sewage pump station, the applicant may upgrade the existing pump station northeast of the project boundary which serves the Bordeaux House Apartments. Plans for the proposed upgrade shall be submitted for review and approval by the City Engineer. Public sewer easements shall be acquired by the applicant from the project boundary to the pump station and from the pump station to El Camino Real. The pump station and sewer mains shall be dedicated to the City. The dedication shall in a form acceptable to the City Engineer and City Attorney. 000082 7. Grading and drainage plans prepared by a Registered Civil Engineer shall be submitted to the Community Development Department for review and approval prior to the issuance of any building permits or the recording of the final map. 8. Obtain an encroachment permit from the City of Atascadero Engineering Department. Sign an Inspection Agreement guaranteeing that the work will be done and the inspections paid for prior to the start of public works construction. Construct improvements as directed by the encroachment permit prior to final building inspection for the first structure or the expiration of one year, whichever comes first. 9. A Road and Drainage Maintenance Agreement for facilities within the project boundary shall be submitted for review and approval by the City Attorney and the City Engineer. On-site streets and drainage facilities shall be private improvements and will not be accepted by the City as public improvements. 10. Road improvement plans prepared by a Registered Civil Engineer shall be submitted to the Community Development Department for review and approval. Plans shall include, but shall not be limited to the following: Viejo Camino: Design shall include City standard curb, gutter and 5-foot sidewalk. Pavement shall be widened to a 32 foot wide travel surface from centerline to face of curb. Include a left turn lane on Viejo Camino to serve La Paloma Court. to Paloma Court: Design shall include 20 feet of pavement as shown on the Grading/Drainage plan. No on-street parking is allowed other than in designated locations. 11. A professionally-prepared landscaping plan, covering the entire project site, shall be submitted for review and approval by the Community Development Department prior to final map recordation and/or final inspection of any structure. Said landscape plans shall specify what soils preparation, if any, must be done in order to ensure vigorous plant growth and sustainability. Each lot shall be landscaped pursuant to the approved landscape plan prior to the final inspection of structures on a per-lot basis. The landscape professional who prepared the landscape plans shall certify that landscaping, including any necessary soil preparation and irrigation systems, has been installed in accordance with the approved plans and sound landscaping practices. 12. Landscaping shall include placement of street trees and appurtenant irrigation system along the Viejo Camino right- of-way. A maintenance easement shall be provided to the 000083 City across proposed lots 4 and 14 for future tree trimming. An agreement and security for the maintenance or replacement of street trees for a period of one year after recording the tract map shall be posted with the Community Services Department. The form of the agreement and security shall be subject to review and approval by the Director of Community Services. 13. Construction of the public road improvements shall be completed or suitable guarantees shall have been provided prior to recording the final map. 14. All public improvements shall be covered with a 1000 Performance Bond and a 100% Labor and Material Bond until construction is accepted and by a 10% Maintenance Bond until 1 year after construction approval. 15. All utilities shall be installed underground and service lines shall be brought to the property line frontage of each lot during the construction of La Paloma Court. 16. Lots 4 & 14 shall have no direct access to Viejo Camino. These lots shall gain access via La Paloma Court. Relinquishment of access rights shall be delineated on the final map. 17. Drainage Facilities shall be constructed to City of Atascadero Standards. All work shall be suitably guaranteed prior to recording the final map, and completed prior to the final building inspection for the first structure. 18. All grading and erosion control measures shall be designed by a Registered Civil Engineer and constructed in accordance with the City of Atascadero grading codes and standards. Prior to recording the final map, the engineer shall submit to the City written certification that grading is in conformance with said codes and standards. 19. A drainage easement shall be provided in conformance with City Standard 5. 03 to access and maintain the; North Fork of Paloma Creek. Mowing, weed control, removal of litter and other routine maintenance activities shall be the responsibility of the owner of Lot 14. A 15 ' wide drainage easement shall be provided between Viejo Camino and the North Fork of Paloma Creek for the proposed storm drain emanating from the drop inlet on Viejo Camino. 20. The developer shall grade and lower the creek channel below the box culvert invert. The channel shall be lowered the full length of the Paloma Park property. The creek shall remain in its natural state with rock rip-rap at drainage outlets, but no concrete channelization. 000084 21. The developer shall relocate the Paloma Park fence, to the satisfaction of the Director of Community Services, as necessary to accommodate the redirected creek channel. 22. Provide a site drainage plan demonstrating that the drainage facilities proposed will accommodate the 10 year runoff event and that the 100 year runoff event will be contained within roadways or other drainage swales. 23. Extend the box culvert located beneath Viejo Camino as necessary to support the road widening and sidewalk. Extend metal beam guard rails and bridge railing at back of sidewalk as directed by the City Engineer. 24. Offer to dedicate to the City of Atascadero the following right-of-way: Street Name: Viejo Camino Limits: 42 feet from centerline of right of way along entire project frontage. 25. Offer for dedication to the Public for Public Utility Easements the following: a. A 6 '-0" PUE along La Paloma Court frontage. b. La Paloma Court right-of-way. 26. Offers of dedication shall be completed and recorded prior • to or simultaneous with the recordation of the final map. 27 . Prior to the recording of the final map, a soils investigation as required by the Subdivision Map Act shall be submitted recommending corrective actions which will prevent structural damage to each structure proposed to be constructed in the area where soil problems exist, as indicated in the Preliminary Soils Report. The date of such reports, the mane of the engineer making the report, and the location where the reports are on file shall be noted on the final map. 28. The applicant shall establish Covenants, Conditions and Restrictions (CC&Rs) for the regulation of land use, control of nuisances, architectural control of all buildings, and maintenance of driveways, fencing and landscaping. These CC&Rs shall be submitted for review and approval by the City Attorney and Community Development Department prior to the recording of the final map. 29. Three (3) City standard fire hydrants are required as approved by the Fire Department. 000085 30. A final map in substantial conformance with the approved • tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners by a Registered Civil Engineer or Licensed Land Surveyor as required by the Land Surveyors Act and Subdivision Map Act. Monuments set within any road right-of-way shall conform to City Standards. b. Pursuant to Section 66497 of the Subdivision Map Act, the engineer or surveyoror shall notice the City Engineer in writing that the monuments have been set. C. A recently updated preliminary title report shall resubmitted for review in conjunction with the processing of the final map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 31. Approval of this tentative map shall expire two years from the date of final approval pp 1 unless an extension of time is granted pursuant to a written request prior to the expiration date. 32. Subject to the approval of the Community Development Department, an asphalt ribbon walkway shall 11 be extended from Y the easterly terminus of new concrete sidewalk to theP aved parking lot at Paloma Creek Park. (This condition supersedes a p former condition requiring the placement of a walkway across the creek. ) 33. All fencing shall be shown on landscape plans and shall be reviewed and approved by the Community Development Department. - r N• sight obscuring fencing over three (3) feet in height will be allowed between the open space easement areas which are a part of Lots 4 and 14 and the building sites on these lots. Other portions of these open space easements shall be left unobstructed by fencing of any kind. 34. Exterior colors and materials for all structures are subject to review and approval by the Community Development Department, prior to final building inspections and prior to the future replacement of exterior materials, including exterior painting. • 000086 {I 1 REPORT TO CITY COUNCIL CITY OF ATASCADERO Item: A-6 Through: Andy Takata Meeting Date: November 29, 1994 City Manager From: Henry Engen Community Development Director File No:TPM 92008 SUBJECT• Acceptance of Final Parcel Map #92008, a subdivision of two parcels containing 1.73 acres into three lots of 0.73, 0.50, and 0.50 acres each. Subject site is located at 8475 and 8495 E1 Dorado Rd. - (Tom Foran/Wilson Surveys) RECOMMENDATION: Acceptance of Final Parcel Map #92008. BACKGROUND: On October 27, 1992, the City Council considered the above- referenced map on its, Consent Calendar. Council concurred with the Planning Commission's recommendations to approve TPM 920008 in accordance with the Findings and Conditions of Approval. All conditions have been completed by the applicant. HE:dd Attachment: Tentative Parcel Map cc: Tom Foran Ken Wilson 1 00008'7 r TPM 92008 COMMUNITY DEVELOPMENT DEPARTMENT 0 1. _ ,. _ _,C•... � '�,ji'a"��"���ii-Mir a:.ik.+iiea�!a.a'.....a. ` � w ISN fIY.4AS.D�I.aK 41111 a•awIWI.• 2-C �' t• .alma sa.. s a.t w mw cat nt.car s n oo.mt •�0 � � �/.u0a.1Y aC li"M d.h1.-M a:0 : / i •..`-. J -• -% �. ; orlMtlt eiarS.he.+.,eu.w ewa•..+.spa. i ' 1 S a,.r. .14t "M- r•wia VM .FYfy.a atHq•YI �•���R/ , •r1 .jj•"��. .+� w s�� , ` 1ups' f Nwaxcr Au'`.,_�f w asa.a•av � V}.I -�•W� rlJ.Cti CIYa•.M lL1O '. � \ •� - .4_-:K.: t 1/anM-r aaoan/f MS VM[i XmgcL IMa1 man: pmI . . I . s aw I : aiii ,f \ w 110WIL nc.•�n . . — ....1 - •� —' C• i r i : .aiamil:-.lima.ror.ac 1 ` U.M-M caevn w.osoira PwesQ AIL flYtlL- / _ -� 1 oft gib' L13 AQ 1325 1 .IIFfir . � �� _I t. .. - j AOL \ c r •.rom { ice-'_ ANl1RlCMf '�� >y �- ':.. r is r�. �• milli A /' �•'f ` - x Nal�lIlk • 7 _ � �-RFK�I• •. 1 t_�^�J ���; � TENTATIVE PARCEL '.KAP AT 52-00. _ 4 am.1a.a11•UPI ioGtiIRgww ♦•��.iwa mi me-0 46 i'..il-"".'K alp waaoo•X+pO1O a.r asn — CUESTA ENGINEERING 00()()SS REPORT TO COUNCIL Meeting Date: 11-29-94 CITY OF ATASCADERO Agenda Item: A-7 THROUGH: Andy Takata, City Manager VIA: Henry Engen, Director of Community Development 416 FROM: Mark Markwort, Chief of Wastewater Operations QL SUBJECT: Wastewater Treatment Facility Upgrade Design Consultant Selection Committee RECOMMENDATION• Appoint the following persons to the Wastewater Treatment Facility Upgrade Design Consultant Selection Committee: Mark Markwort, Chief of Wastewater Operations Jim Martin, Wastewater Treatment Plant Operator III John Neil, Assistant City Engineer Ken Weathers, Atascadero Mutual Water Company, General Manager John Moss, City of San Luis Obispo Utility Department Director BACKGROUND: In 1989 the Regional Water Quality Control Board issued Cleanup or Abatement Order No. 89-89 which required that the City's present wastewater treatment facility be improved. In addition, in 1993, the City twice exceeded it's current discharge permit of 1.67 million gallons per day. A study conducted by Kennedy/Jenks Consultants in 1989 (amended in 1991) concluded that a facility upgrade which would satisfy the City's needs until, at least, the year 2000 will cost approximately two million dollars. In order for the City to select a design engineer for a project of this magnitude, the City's Public works Professional Services Procedure requires: 1) the City Engineer to distribute a Request for Qualifications to candidate firms and 2) City Council to appoint a Selection Committee, which will prepare a qualifications- based review and conduct formal interviews if necessary. DISCUSSION: The candidates recommended for appointment to the Consultant Selection Committee represent the City's wastewater division, City Engineering and local resident/professionals. 000089 FISCAL IMPACT• Although one year behind schedule, the City's 5-Year Capital Improvement Plan calls for project expenditures to be spread over a period of three years. In accordance with this plan, $200, 000.00 for final project design is included in this fiscal year's Sewer Facilities Capital Fund 1790 budget. During the next two fiscal years, two million dollars in construction costs will be apportioned. In total, a sum of $2,200, 000. 00 will be expended according to the following schedule: Fund #790 FY 94/95 (currently approved budget) Beginning Cash Balance. . . . . . . . . . . . . . . . . . . . . . . + $1,775,919 Projected Revenues. . . . . . . . . . . . . . . . . . . . . . . . + $ 524, 100 Total Budgeted Expenditures. . . . . . . . . . . . . . . . . . - $1,400,500 Balance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + $ 899,519 Fund #790 FY 95/96 Beginning Cash Balance. . . . . . . . . . . . . . . . . . . . . . . + $ 899,519 Projected Revenues. . . . . . . . . . . . . . . . . . . . . . . . . . . + $ 525, 100 Upgrade Expenditures. . . . . . . . . . . . . . . . . . . . . . . . . - $1,000, 000 Balance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + $ 424, 619 Fund #790 FY 96/97 Beginning Cash Balance. . . . . . . . . . . . . . . . . . . . . . . . + $ 424, 619 Projected Revenues. . . . . . . . . . . . . . . . . . . . . . . . . . . . + $ 525, 100 Upgrade Expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . - $1,000, 000 Balance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - $ 50, 281 It is apparent that the Sewer Facilities Capital Fund 790 has insufficient resources to complete this project. Fortunately, Wastewater Division's Operations and Maintenance Fund 1201 , after years of support from Fund 790, now has a positive cash balance and is in a position to support fund 790 by providing the funds necessary to complete this project. 000090 REPORT TO CITY COUNCIL Meeting Date: 11/29/94 CITY OF ATASCADERO Agenda Item : A-8 Through: Andy Takata, City Manager From: Lee Price, City Clerk SUBJECT: Cancellation of December 27, 1994 City Council Meeting. RECOMMENDATION: Cancel the meeting of December 27, 1994. BACKGROUND: Traditionally, the City Council cancels the second regular meeting during the month of December in light of the Christmas Holiday. This year the meeting date falls just two days after Christmas and staff is hereby recommending that the tradition be continued. If approved, the City Clerk will post adequate notice pursuant to State Law. i REPORT TO CITY COUNCIL CITY OF ATASCADERO Item No: B-1 Through: Andrew J. Takata Meeting Date: 11/29/94 City Manager From: Henry Engen VL Community Development Director SUBJECT• Proposed revision to Unreinforced Masonry Ordinance to extend time limits for compliance. RECOMMENDATION• Approval of attached Ordinance No. 280 on first reading. BACKGROUND In 1986, the State of California passed Senate Bill 547 which mandated that localities identify all potentially hazardous buildings in their jurisdiction. It further required a mitigation program be established and that owners of properties that were potential seismic hazards be notified by 1990 . This survey was carried out by the Building Division, and some 32 buildings were originally identified as possible hazards . Since that time, 1 building has been upgraded and 3 removed from the list on the basis of engineering verification. Hence, there are now 29 potentially hazardous buildings remaining - only 2 of which have plans ready for issuance. In 1991, the Council adopted the Unreinforced Masonry Ordinance as Chapter 12 of Title 8 of the Building Code. This ordinance was approved following a community forum at which all persons so identified were invited to attend and discuss the State Mandate (which, it should be noted, exempts Federal and State buildings) . ANALYSIS• The timeline for conformity with the ordinance called for a plan submittal deadline of January 1, 1993, and for issuance of building permits no later than January 1, 1995 . This timeline has not been feasible for most building owners owing to a variety of factors . The City, for example, has the most prominent seismic problem building in the Administration Building, together with the Atascadero Recreation Center. Studies have been undertaken and are being initiated to analyze the needs for both of these buildings, but since the City cannot comply with the timeline, it only appears reasonable to grant a reprieve to all the other building owners that have been caught up in this requirement. Hence, the attached amendment to Chapter 12 would add three years to the deadlines previously established i.e. , January 1, 1996 for submitting plans and January 1, 1998 for permit issuance. HE:ph Encl: Ordinance No. 280 cc: SLO County Builders ' Exchange Micki Ready, Atascadero Chamber of Commerce Don Price, Business Improvement Association 000092 ORDINANCE NO. 280 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 8 BUILDING REGULATIONS CHAPTER 12 ON UNREINFORCED MASONRY BUILDINGS TO AMEND TIME LIMITS FOR COMPLIANCE AND RELATED MATTERS The City Council of the City of Atascadero, California does ordain as follows: CHAPTER 12 - UNREINFORCED MASONRY BUILDINGS Section 1. Section 8-12.105, Subsections 1, 2, and 3 shall be changed to read as follows: 1. On or before January 1, 1996, a structural analysis, which is subject to approval by the Building Official, and which shall demonstrate that the building meets the minimum requirements of this Chapter; or 2 . On or before January 1, 1996, a structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this Chapter; or 3 . On or before January 1, 1996, plans for the demolition of the building. Section 2 . Appendix Table No. 12-B (Time Limits for Compliance) is hereby amended to read as follows: Bldg. Permit From Date of Issuance Deadline Permit Issuance Rating Occupant Submittal Deadline for Strengthening Commence Complete Classification Load for Rehab. Plans or Demolition Within Within - I Any January 1, 19936 January 1, 19968 180 Days 3 Years II Any January 1, 19936 January 1, 199§8 180 Days 3 Years 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, 000093 Ordinance No. 280 Page 2 a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. 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 was adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: By: R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN Community Development Director 000094 REPORT TO CITY COUNCIL CITY OF ATASCADERO ITEM NO. C-1 DATE: 11 29 94 THROUGH: ANDREW J. TAKATA, CITY MANAGER FROM: Brady Cherry, Director ,�f� De arttent of Conununit Services SUBJECT: RESOLUTION AUTHORIZING THE APPROVAL OF PROPOSED CONCESSIONAIRE AGREEMENT FOR PAVILION RECOMMENDATION: It is recommended that the City Council approve the proposed food concessionaire agreement for the Atascadero Lake Park Pavilion and adopt Resolution no. 117-94. BACKGROUND: As the members of the City Council may know, Rodeo Style Catering, Inc. , the food concessionaire at Atascadero Lake Park Pavilion, terminated their agreement with the SeptemberCity of Atascadero in , 1994. The percentage rental revenues from the concession at the Pavilion are a much needed source of revenue for the facility. The lack of a concessionaire for some months during this fiscal year will once again weaken the enterprise fund at the Pavilion. Since the previous concessionaire was only recently selected in March of 1994, we are employing the "eligibility list" from the previous competitive bid process to select a new concessionaire. The second company on the eligibility list was no longer interested in the contract due to changes in the company. The third ranked company in the eligibility list is NCI Affiliates, Inc. Staff is recommending approval of the attached agreement with NCI. I have also attached some information about NCI and their vocational program for persons with disabilities. During negotiations with NCI, the company requested some changes to the terms of the agreement used for the previous concessionaire. The two most significant changes involve the percentage rent and use of the kitchen. The percentage rent will be based upon a formula providing fifteen percent (15%) of gross revenues of the operation be provided to the 000095 City, with a "trigger" amount of $70,000 gross annual that would increase the percentage rent to twenty percent (20%) for the remainder of the year. NCI is also requesting that the company have greater access and use of the kitchen than the previous concessionaire. Staff has negotiated a flexible schedule for kitchen use with NCI which should pose no significant conflicts with rentals or current users. a: \cc 000096 RESOLUTION NO. 117-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NCI AFFILIATES, INCORPORATED FOR ANNUAL FOOD SERVICE CONCESSION OPERATION ATASCA DERO LAKE PARK PAVILION FOOD CONCESSION FEBRUARY 1, 1995 - JANUARY 31, 1996 The City Council of the City of Atascadero, California hereby resolves as follows: 1 . The Mayor is hereby authorized to execute an agreement with NCI AFFILIATES INC. for food services concession operation at the Lake Park Pavilion. 2. The City Manager is hereby authorized to make minor corrections or 0 modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to receive 15-20 percent of the concessions monthly gross sales receipts, according to the terms of the agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 29 of November , 1994. ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney i'10if)097 Contract No. AGREEMENT FOR SERVICES BY CONTRACTOR FOOD SERVICE CONCESSION OPERATION February 1, 1995 - January 31, 1996 This agreement is made upon the date of execution, as set forth below, by and between "NCI Affiliates, Inc." hereinafter referred to as "Contractor" , and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City. " The parties hereto, in consideration of the mutual cove- nants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide the' services specified in "Description of Services" attached hereto as "Exhibit A" hereby incorporated herein. Contractor shall determine the method, details and means of performing the above-referenced services. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1.03 GROSS SALES RECEIPTS: In consideration for the terms of this agreement, 15 percent of the total gross earnings monthly of all monies from sales received by the Contractor from the use of the premises described in this contract. Gross earnings shall not include any sales or excise taxes imposed by any governmental entity. A rent adjustment formula shall be in effect when the Contractor's gross sales receipts in any calendar year exceed 70, 000. When the Contractor's total gross sales receipts- during any calendar year exceed $70, 000. 00, the percentage of rent payable to the City will increase to twenty percent(20%) for the remainder of that year. At the beginning of each calendar year during the term of this agreement the percentage of rent shall be 15 percent of gross sales receipts. 000098 Payment to the City of Atascadero of the percentage gross earnings received shall by the tenth (10th) day of each month. Payments are required to be submitted to the City of Atascadero, Department of Community Services, Room 107, Atascadero, California (Attention: Recreation Supervisor) . Payments received from the tenth (10th) of each month to the twenty-fifth (25th) of each month shall be considered delinquent and assessed a ten percent. (10%) penalty. Payments received after the twenty-fifth (25th) of each month shall be assessed an additional ten percent (10%) penalty. Failure by the Contractor to tender payment to the City within thirty (30) days of any payment so due, shall be sufficient cause for the City to terminate this agreement. 1.04 LOCATION: Premises of operations is the concession facility located at Atascadero Lake Park Pavilion, 9315 Pismo Avenue, Atascadero, California. 1. 05 SUBLEASE: Contractor shall not sublease or otherwise convey any interest of any sort granted by this agreement to any person or persons whatsoever without prior written consent and approval by the City. 1. 06 RECORDS AND ACCOUNTS: Contractor shall keep true and accurate books and records showing all of its business transactions in separate records of account for the concession operation, in a manner acceptable to the City. the City shall have the right, through its representatives, and at all reasonable times, to inspect such books and records, including State of California sales tax records. The City may require Contractor, at his expense, to have his records and accounts audited by an auditor acceptable to the City and shall present said audit to the Director of Administrative Services within thirty (30) days after the completion of the audit. If Contractor fails to provide the required audit, the City shall contract to have an audit performed at the Contractor's expense. 1. 07 CONDITIONS OF PREMISES: The taking of possession of the subject premises by Contractor shall, in itself, constitute acknowledgement that the premises are in good and tenantable condition. Contractor agrees to accept said premises in the present existing condition, "as is" and the additions, or betterments thereto. . 2 000099 Contractor may construct or modify the said premises with prior written approval by the Director (or designee) of the Department of Community Services. Any plans for such construction, if applicable shall be submitted to the City for approval. Such construction or modification shall be without cost to the City. 1. 08. SIGNAGE: All signs, names or placards shall be approved by the Department of Community Services prior to installation. All signs must meet all requirements and specifications as set forth by the City. 1.09. DAMAGE TO/DESTRUCTION OF PREMISES Should the subject premises or the building and other improvements in which the subject premises are situated be totally or partially damaged or destroyed, the City shall promptly repair the same, except that the City shall have the option to terminate this Agreement if (a) the subject premises or the building and improvements in which the promises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to the City; or (b) if the costs of such restoration would exceed one-half (1/2) of the full insured value of the building and other improvements in which the subject premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given here shall be given to Contractor with fifteen (15) days after City determines the period of time required for and the estimated cost of such repair or restoration. 2.00 OBLIGATIONS OF CONTRACTOR 2 .01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in con- tractor's sole discretion, as long as the performance of these extra-contractual services does not interfere with or presents a conflict with City's business. 2 . 02 HOURS OF OPERATION: Hours of operation to be established by Contractor upon mutual agreement with the Director (or designee) of the Department of Community Services. 3 0100100 2 . 03 PERMITS: Contractor is required to provide City, prior • to commencement of operation of concession, a copy of a City Business License, A San Luis Obispo County Health Department permit for food sales, and a Board of Equalization Certificate. 2 .04 TAXES: Contractor agrees to pay all lawful taxes, assessments or charges which may be levied by government entities. 2 .05 EOUIPMENT: Contractor, at his own expense, shall completely equip the concession and keep all equipment in a first class manner to the satisfaction of the Department of Community Services throughout the term of this contract. Contractor shall have a right to use the kitchen and all City owned appliances and equipment within the kitchen area providing, the kitchen has not been reserved for use by the City of Atascadero and/or rented to another party or company for use. The City shall supply the Contractor, in writing, 30 days prior notice when it has rented the kitchen to others and for how long. • 2. 06 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES: The City has the right to inspect and schedule the prices and rates of goods sold upon the subject premises. The City reserves the right to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise/ deemed necessary for proper service to the public. Contractor shall post rates and prices of all items in such places as designated by the City. 2 .07 SECURITY / COMMUNICATIONS: The contractor agrees to provide telephone and security alarm services to concession throughout the duration of this contract at contractor's expense. 2 . 08 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement. 2 . 09 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents has no right to work- er's compensation and other employee benefit. If any worker insurance protection is desired, Contractor agrees to provide worker's compensation and other employee benefits, where required by law, for Contractor's employees and 4 000101 agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Con- tractor's employees or agents. 2 . 10 INDEMNIFICATION: Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, of- ficers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor's or any of Contractor's employees' or agents' operations under this agreement, whether such opera- tions be by Contractor or by any one or more persons direct- ly or indirectly employed by, or acting as agent for, Con- tractor; provided as follows: a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2 . 11 INSURANCE: Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this contract, whether such operations be by Contractor or by anyone directly or indirectly employed by 5 000102 Contractor, the amounts of such insurance shall be as • follows: (1) Public Liability Insurance. In an amount not less than $500,000 per injury, including, but not limited to death to any one person and, subject to the same limit for each person, in an amount not less than $1,000,000 on account of any one occurrence; (2) Property Damage Insurance. In an amount of not less than $50,000 for damage to the property of each person on account of any one occurrence. (3) Comprehensive Automobile Liability, Bodily injury liability coverage of $500,000 for each person in any one accident and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability of $50,000 for each accident. (4) Worker's Compensation insurance. • In the amounts required by law, if applicable. b. PROOF OF INSURANCE. Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability of insurance shall name City as an additional insured with the Contractor. 2 . 12 CONTRACTOR'S MAINTENANCE: Except as otherwise provided in this Agreement, Contractor, at its own cost and expense agrees: a. To maintain throughout the agreement term in good sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, (a) the interior of the subject premises, including flooring, exposed plumbing, lighting lamps and wiring, paint and finish; (b) any windows; (c) the outside deck area; (d) any personal property of the Contractor • 6 000103 situated in or upon the subject premises; (e) all City-owned kitchen appliances, including but not limited to the stove, grill, dishwasher, ice machine, refrigerator and freezer; (f) any heating, ventilating or air conditioning equipment installed by Contractor in or upon the subject premises. The City releases the Contractor of responsibility for the kitchen area, the appliances or equipment at such times as the City rents or loans the kitchen to anyone other than the Contractor. b. To notify Y the Cit promptly of any damage to the subject premises or the building in which they are situated resulting from or attributable to the acts or omissions of the Contractor, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Contractor's sole cost and expense. C. To provide janitorial services for the interior of the subject premises. Contractor waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Contractor's right to make repairs and to deduct the expenses thereof from the monthly payment payable by the Contractor. 2 . 13 UTILITIES: Contractor shall pay the actual utilities, including water, gas, and heat, light and power supplied to the subject premises. There are customary and reasonable charges one would expect to pay for these services. The contractor agrees to pay their fair share of all utilities including water, gas, heat, light and power supplied to subject premises, based on the percentage of square feet of subject premises compared with the utility charges for the entire building site, up to a maximum charge of $200.00 per month. The charges will be billed to the Contractor monthly, and payable to the City of Atascadero. Contractor shall make all arrangements for and pay the charges when due for telephone service. The suspension or interruption in utility service to the leased premises for reasons beyond the ability of City to 7 000104 control shall not constitute a default by City or entitle Contractor to any reduction or abatement of the monthly payment due to the City. 3.00 OBLIGATIONS OF CITY 3 .01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 3 . 02 PLACE OF WORK: City agrees to furnish 'space at Atascadero Lake Park Pavilion for use by the Contractor while performing the services described within this contract. 4.00 TERMINATION OF AGREEMENT 4. 01 TERMINATION ON NOTICE: Notwithstanding any other pro- vision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least thirty (30) days prior written notice to the other parties to this agreement. 4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty (30) days as set forth in this agreement (5) End of the contract to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City. 4. 03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this agree- ment or materially breach any of its provisions, a non- breaching party, at their option, may terminate this agree- ment, immediately, by giving written notice of termination to the breaching party. 4 . 04 TERMINATION: This Agreement shall terminate on April 31, 1995, unless extended as set forth in this Section. The City, with the agreement of the Contractor, is authorized to extend the term if this Agreement beyond the termination i 8 000105 date, as needed, under the same terms and conditions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. 4.05 REMOVAL OF ALTERATIONS: City, by giving written notice to Contractor within thirty (30) days before the expiration or termination of the agreement, may elect to require Contractor, at its sole cost and expense, to remove the alterations specified by City in its notice, and shall make such repairs necessitated by the removal of said alterations, and any damage resulting therefrom, as may be necessary to restore the subject premises to good condition and repair, excepting only reasonable wear and tear, before the last day of the lease term or within thirty (30) days of the City's notice. This stipulation will not affect any improvements agreed to by the Director of Community Services, as described in Section 1. 07 of this agreement. 5.00 MISCELLANEOUS 5. 01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 5. 02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a con- tinuing waiver or a waiver of any subsequent breach of this • agreement. 5. 03 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03 . 5. 04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the pre- vailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 5. 05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of 9 00()106 time equivalent to the period of delay and performance of • the act during the period of delay will be excused; pro- vided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act 'rendered dif- ficult or impossible solely because of the financial condi- tion of the party required to perform the act. 5. 06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally deliv- ered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: , PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Department of Atascadero, CA. 93422 Community Services Attention: Recreation Supervisor (805) 461-5003/ 461-5002 . B. NCI 2125 Golden Hill Road Paso Robles, CA. 93446 Attention: Wayne Foley Sales &Marketing Manager (805) 238-6630 5.07 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 5. 08 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, ad- ministrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 5. 09 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legis- lative or rule making act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. i 10 00010}7 5. 10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement 0 correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 5. 11 TIME: Time is expressly declared to be of the essence of this agreement. 5. 12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 5. 13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 5. 14 AMENDMENTS: Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this agreement. Executed on , 1994, at Atascadero, California. Attest• CITY OF ATASCADERO By: LEE PRICE R. DAVID BEWLEY City Clerk Mayor Approved as to form: By: ART MONTANDON, LAURA SIMPSON City Attorney Executive Director NCI AFFILIATES, INC. 11 0 000108 EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR Contractor shall provide consultation and professional management services to City as follows: The Contractor shall utilize said premises for the following purposes: A. Premises shall be used for the purpose of selling, but not limited to, over-the counter items such as soft drinks, candy, snacks, hot dogs, popcorn and cold sandwiches. NO ALCOHOLIC BEVERAGES MAY BE SOLD. B. Furnish and install at his own expense, all necessary equipment required for proper service to the general public. C. The storage and service thereof shall be in an area approved by the Director of Community Services. D. Furnish and maintain proper facilities, equipment and devices for the concession as herein provided. E. Operate the facility in a business-like manner to the satisfaction of the Department of Community Services, and maintain said areas in conformance with the highest standards of health and safety for patrons of said operation. F. All items to be sold shall be approved by the Department of Community Services. a: \co.pal . 12 0007.09 t {r r xf k � •�01 �}t �f1 ��p ?i�" �h��2Lti����� �":.�� ik �4 1. �k?l.+y`��pt �r���x� ��� •r�$' ��, r ik tr'�+Ya t :d ��� a'"h���.�a?'" �' �i}� i � �'A r• Vim* '�1^'�4'�� t � * ", { ��� ,�. mg ��a^ g�P�3�±'���gab �r.,--° 4..0 r �� �s`4 as �x��K �''Af� °t "`��� ,� a. i t � � �,�+ rS.'• �r /.� � t�. 4•u ,,� ,7 �"fir; � ,K +t'f• 4Y.� '�� H i f t <## � xqq��ka�ivt ttr�c.1 1 ,i �tt '•� '�+ ;� r +S �t. ) �3 �yF� `r�'�`,1zt+�. •�'i9a'i.� tir9'�^•'�!+,.:;'t kip + .r t e' k9 r s w ff Ut ,. x j Al i s�Y } .x', � e r � y �'xii'�e•`"ate ` v'r;�'���� "gjji�w � a a��.,�...� Y i� � s� t h..-g�.�a`•Z,�`"R"'�'� it^� 4"e 1 a w{t .,r�'1'^�h � x S - cl C � > .Q?'iii ,� t'i�dy f a. �,..,,+:i a„ v �aim: a Ls ti ,• r � i s'l.'�P�C,a-�`,�s•'''�'4-tx..�rw.,Y.Y _r ""4 s +- t.., Q �. � f t s i 2 mw' r tt ,pry, 1 77 ,' t• � ' ',,PHILOSOPHY' Bringing dreams to life �t is the purpose ofnrcl ® the world were a perfect place there would be to provide a continuum unlimited chances to learn and grow, miles and miles of innovative of wildflowers and food in every child's belly. We'd vocational and discover that Santa real) dist and le with residential programs to really expeople individuals with mental <> disabilities would be recognized for what they can do, or physical disabilities rather than what the can't.. in San Luis Obispo •.. NCI is helping to create a new and different vision for county to maximize t: our communities. It is a vision where regardless of our employability and independence,and quality differences, we live arm in arm; where valuing human of,life bypromoting diversity brings an unparalelled strength to the life and personal challenge and structure of our communities; where our individual po- productivity in the least . �?> tential is unveiled and celebrated.It'sa place where dreams restrictive environment Do you know really do come true. someone who can Much has been Did you know? benefit from our �i accomplished i n • We provide services to over one hundred services? t ameliorating the individuals in a variety of work programs Eligibility includes: <<1 throughout San Luis Obispo County. An individual having a f negative image and people p disability which `< g g NCI serves eo 1e with developmental preconceptions Of disabilities such as autism, cerebral palsy, originated before people with d i s- mental retardation and other neurological attaining the age of 18, abilities. These in- impairments. consisting of mental • One of every two Trainees participating retardation, autism, d i v i d u a I s have the in our program is in integrated employment cerebral palsy, and/or same needs and within the local community.The average neurological conditions. responsibilities that attendance rate within these programs is • Desire to work we al I do.The need Non-injurious :° n They Over 95% of NCI Trainees. rate our behavior to self and to love and be loved, services as"GREAT". others. be independent, • 93% of employers hiring NCI Trainees • if unsure, call us for have fun, earn a rate their experience as "EXCELLENT". assistance. living, pay taxes and dream of the world as a more perfect place. Take a chance, reach out to a person with a disabi I ity. The services they offer really do make the world a better place. 00011, QUALITY • NCI offers great flexibility in production of quality goods and services Need help? How would you like to...reduce labor costs,have superior workmanship,keep deadlines, eliminate worker's compensation premiums and claims, have more hours in the day to do your job? NCI can make these dreams a reality. Our Industrial Subcontracting Team specializes in producing and delivering quality work, on time, at competitive prices that will meet and exceed your expectations. Our modern 13,000 square foot facility and professional staff provides an efficient and secure location for manufacturing your product. A variety of businesses, like yours, choose NCI's world class team to add value to their product and profit to their operations. It is a winning combination! Give us a call for a free estimate. Come see what we can do for you Clerical/Mailing: Challenge our expertise. We bundle and collate over w 200,000 sheets of literature weekly. Literature fulfillment.needs including bulk mailing, collating, sorting, and list maintenance services are available. !' Packaging:Packaging sells products.NCI can assist with package design, as well as shrink wrapping, poly bagging and containerization. Mil-spec packaging of electronic components can be eco- nomically accomplished. ,k Assembly: Mechanical electrical and s custom assembly are our specialty. All work is quality checked using compre- hensive statistical controls developed NCI's facility in Paso Robles specifically for your project. Woodworking: Need a shipping crate for a 2,271 pound valve that is seven feet long? Probably not, but NCI can provide you with the precise packaging you need. At our facility we operate the largest industrial woodshop in north San Luis Obispo County. Art"", �2 000112 ePPO Each Trainee's uniqueness is recognized and develol)ed ' through a journey of learning, growth and success. To provide extended NCI provides an array of learning opportunities for adults with training and disabilities to develop and hone their work skills. The operating employment through ideal is that of normalization which NCI achieves by exposing structured, goal trainees to work expectations and experiences that closely replicate oriented services tomental;y,%physical)y those of private industry. disabled of San Luis Our philosophy of high expectation.i;;.balanced by trainee Obispo County to support and empowerment to ensure each individual is ready and improve behavioral and prepared to approach the challenges that await. work skills by exposure NCI's Vocational Training Program operates as an industrial to realistic and subcontracting business. Work is the primary habilitation tool challenging work used to effect skill enhancement and support individual growth, experiences, counseling and job-related training so as to enhance employ- Everything we do at NCI relates to the provision of superlative ability,self-advocacy, quality services to our trainees. We enable people to act co£idence, independence competently by fostering collaboration and strengthening and earnings. individual capabilities. At NCI we plan successes around opportunities for small "wins". We • celebrate our accomplishments so that individuals know that par- ticipation ar-tici ation is crucial and that work is f f• satisfying, and fun' Trainees are considered partners with professional staff in designing their individualized programs and services. Based on their individual training plan, each trainee may be assigned to one or more of the f= following work environments: : R F>° • Custom Woodworking • Collating and Mail Services NCI's Facility in Paso Robles • Packaging • Mechanical Assembly • Landscape and Custodial Services ¢ . Jam . rAA .LOY ENT SERVICES Finding employers the right person for the job NCI's Employment Team can provide you with services to enhance your employee hiring and retention programs, while cutting your costs. Employee turnover and improper employee selection can account for a huge , hidden drain on your business. Until now, many considered turnover, training, managing and termination of employees was the "cost of doing business". - NCI believes that every employer deserves the.best employees. Using our employment services directly adds to your "bottom line". We offer both an individual and crew placement program. Individual Placement Program: An individual is hired by a business to perform various job duties. Current r placements include: •janitorial Maintenance- Customer Service •Housekeeping • Meat Market -Courtesy Clerk* Restaurant-=food prep, bakers, bus positions, :dishwashers, cooks. Crew Placement Program A group-,of six to eight individuals, o supervised full-time by a professional NCI Supervisor, that are contracted°or o directlyhired b a business,to fulfill Y A crew at work in a retail nursery. specific job duties. Crews.include: ; •Landscape and janitorial Maintenance Give NCI's Employment Services a try and •Pricing , Stocking and Facing you'll find tremendous savings through re- -Retail Nursery and Grocery duced recruitment and training time, low -Customer Service employee turnover, state and federal tax A crew can be created to match your credits, and the convenience of having specific business needs. professional employees. At no cost to you we will: • Provide employee screening and evaluation. • Provide detailed job analysis (which helps you comply with the new ADA legislation). • Provide all necessary orientation and job training to ensure you get only the most competent and productive employees. • Provide long-term support to both you and the employee to ensure the experience remains successful. • Provide a professional NO supervisor. 0001111 I 'IMPLOYMENTr • We specialize in finding you the job of your drednis ' Trust NCI to help you find your perfect job. Many options are Members of NCI's available to prepare you for community employment. E111ploym=int Team are here to provide for and/ -Situational Assessment... Use this service to explore different or assist the mentally/ vocations prior to accepting employment offers. physically disabled of •Pre-employment skills training... Personalized instruction is San Luis Obispo County provided one on one, or in small groups to equip you with the in the aquisition and skills you need to be successful. retention of integrated `�, ,� community employment • loin - 1.,� r3cb Club"... It is a chance to meet others who also options, either in groups work in the community and to build friendships and share or through individual experiences. placement,so as to • Individualized"coaching"at your job... It's good to know that maximize employment your NCI coach will be there for you when you need it. Your potential, vocational coach is behind you for as long as you hold your job. choice, independence and earnings in the least • Supplemental Services...Your staff atNCI want tosee you excel. restrictive environment We realize other areas of your life may effect your job.We are here to help, offering support and referral services as needed. LL Individual Placement Program: An individual is hired;by'a business to perform various job duties. Current placements, include: • Janitorial Maintenance:.•Customer Service• Housekeeping* Meat Market *Courtesy Clerk*Restaurant- food prep, bakers, bus positions, dishwashers,- cooks•Movie Theatre•Daycare ` •Fast Food Delivery a Crew Placement Program 0 A group of six to eight individuals, supervised full time by a professional NCI Supervisor, that are contracted or A crewatwork in a retail nursery. directly hired by a business to fulfill specific job duties. Current crews include: •Landscape Maintenance• Customer Service- Retail Grocery- Janitorial MWK Maintenance • Pricing , Stocking and Facing- Retail Nursery 000115 ► LOYM E NT: ► RO'6 RAM, We specialize in Holing you the job of your (/rutins Trust NCI to help you find your perfect job. Many options are Members of NCI's available to prepare you for,community employment. Employment Team are •Situational Assessment... Use this service to explore different here to provide for and/ vocations prior to accepting employment offers. or assist the mentally/physically disabled of •Pre-employment skills training... Personalized instruction is San Luis Obispo County provided one on one, or in small groups to equip you with the in the aquisition and skills you need to be successful. retention of integrated • Join Club"... It is a chance to meet others who also community employment work in the community and to build friendships and share options, either in groups or through individual experiences. placement,so as to • Individualized"coaching"at your job... It's good to know that maximize employment your NCI coach will be there for you when you need it. Your potential, vocational coach is behind you for as long as you hold your job. choice, independence and • Supplemental Services...Your staff at NCI want to see you excel. earnings in the least We real ize other areas of your life may effect your job.We are here restrictive environment. to help, offering support and referral services as needed. Individual Placement Program: An individual is hired by a business to perform various job duties. , CurrentP lacements include: in de. • janitorial Maintenance' s Customer Service- Housekeeping* Meat Market *Courtesy Clerks Restaurant- food prep, bakers, bus positions, dishwashers, cooks•Movie Theatre•Daycare •Fast Food Delivery Crew Placement Program b A group of six to eight individuals, supervised full time by a professional NCI Supervisor, that are contracted or A crew at work in a retail nursery. directly hired by a business to fulfill specific job duties. Current crews include: *Landscape Maintenance Customer Services Retail Grocery- Janitorial Maintenance • Pricing, Stocking and Facing- Retail Nursery