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HomeMy WebLinkAboutAgenda Packet 06/08/1981 AGENDA - ATASCADERO CITY COUNCIL Regular Meeting June 8 , 1981 7 :30 p.m. Atascadero :Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Item, A, Consent Calendar, are considered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call. 1. Minutes of the regular meeting of May 11 , 1981 (RECOMMEND APPROVAL) 2. Treasurer' s Report, 5-1-81 to 5-31-81 (RECOMMEND APPROVAL) 3. Claim of Mr. & Mrs. William W. Tidwell for damages in the amount of $10,855 (RECOMMEND DENIAL) 4 . Claim of Mr. & Mrs. William W. Tidwell on behalf of David • Tidwell for damages in the amount of $20 ,000 (RECOMMEND DENIAL) 5 . Claim of Jim E. Gillispie, Jr. for injuries in the amount of $50 ,000 (RECOMMEND DENIAL) 6 . Bid No. 81-05, Emergency Generator (RECOMMEND BID BE AWARDED TO GENERATOR EQUIPMENT CO. IN THE AMOUNT OF $4 ,326 .92) 7 . Bid No. 81-06, Street Overlay Project 1981 (RECOMMEND BID BE AWARDED TO M. J. HERMRECK IN THE AMOUNT OF $135 ,300) 8. Bid No. 81-07 , Grounds Maintenance (RECOMMEND BID BE AWARDED TO MOORE 'S YARD MAINTENANCE IN THE AMOUNT OF $33 ,600) 9 . Bid No. 81-08 , Construction of Vida & Navidad (RECOMMEND BID BE AWARDED TO C. SANCHEZ & SONS IN THE AMOUNT OF $2,700) 10 . Bid No. 81-09, Windowcovering (RECOMMEND BID BE AWARDED TO THE WINDOW AFFAIR IN THE AMOUNT OF $2,413 . 62) 11 . Exception to final Parcel Map CO 74-185, Valle Avenue and Pinal Road, James and Franki Hazard, to grant exception to Parcel Map conditions requiring "sewage disposal shall be by connection to the community sewers" (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 12. Tentative Tract Map AT 810227: 1, 9550 and 9552 E1 Parque, Edward and Judy Young, to allow a two unit air-space condo- minium conversion (RECOMMEND APPROVAL OF' PLANNING COMMISSION .RECOMMENDATION) 13. Lot Line Adjustment LA 810414 : 1, 7720 Cristobal and 7605 & . 7655 Tecorida, Marcel E. Texeira, to adjust existing lot line to solve encroachment problem (RECOMMEND_ APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 14 . Lot Line Adjustment LA 810316 : 1, 8808 Arcade, Rayetta Williams, to adjust existing lot line to solve encroachment problem (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDA- TION) AGENDA - ATASCADE0CITY COUNCIL 0 Regular Meeting June 8 , 1981 Page Two A. CONSENT CALENDAR cont. 15. Acceptance of Parcel Map AT 80-57 , 9100 Pino Solo, Loyd Sims (Baumberger) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 16. Acceptance of Parcel Map AT 79-077, 4205 Santa Cruz, Mr. and Mrs. Robert Hottenroth (Hilliard) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 17 . Acceptance of Parcel Map AT 801203 : 1, 2100 Traffic Way, Levi Barrett (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 18 . Acceptance of Parcel Map AT 800911:1, 8950 Atascadero Avenue, Harry Smith (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 19 . Acceptance of Parcel Map AT 79-265, 5650 and 5765 Vega, Don Heath (Hilliard) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 20 . Acceptance of Lot Line Adjustment "LA 810225 : 1, 5260 Maleza, Michael Craig (Bray) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 21. Acceptance of Lot Line Adjustment LA 810130: 1 , 4550 San Ardo Avenue, Margaret C. Ferreira (Associated Professions) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 22. Conditional Use Permit U810421 :1, N/E Corner of Morro Road & Lago Avenue, Peter Del Vaglio (Dave Hansen) to allow estab lishment of an 8500 sq. ft. commercial recreation facility including a danceacademy, an arcade, a laundromat, a health club and offices (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 23 . Tentative Parcel Map AT 810327 :1, 9600 and 9630 Carmelita, Edward, and' Hetty Anderson (Twin Cities Engineering) to allow subdivision of 7 . 7 acres into three parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 24 . Variance V810408: 2, 5820 Traffic Way, G.D. Spradlin (Linden- thaler & Courtney Associates) to allow elimination of the required 25 ' front setback in a C-1 Zone, where part of the frontage in a block is in an "R" (Residential) district, in conjunction with a proposed retail commercial project (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) }� 25 . Tentative Tract Map AT 810121: 1, 6800 Alcantara, Gaylen Little, to allow a three unit air-space condominium conversion (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 26 . Tentative Tract 777, 5625-55 Capistrano, F.E. McNamara (West- land Engineering) to allow a 16 unit air-space condominium conversion (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 27 . Tentative Tract 830, 7605 and 7655 Santa Ysabel , Keith and Murl Bruington (Mitch Walker) to allow a 27 unit air-space condominium conversion (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 28 . Resolution No. 7-81 denying an appeal concerning certain conditions placed on Building Permit No. 493 in conjunction 0 with alterations pursuant to the establishment of McCarthy' s Restaurant at 6195 El Camino Real (RECOMMEND ADOPTION) AGENDA - ATASCADERO CITY COUNCIL Regular Meeting 10 June 8 , 1981 7 :30 p.m. Atascadero :Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Item, A, Consent Calendar, are considered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call. 1 . Minutes of the regular meeting of May 11 1981 (RECOMMEND APPROVAL) 2. Treasurer's Report, 5-1-81 to 5-31-81 (RECOMMEND APPROVAL) 3 . Claim of Mr. & Mrs. William W. Tidwell for damages in the amount of $10,855 (RECOMMEND DENIAL) 4 . Claim of Mr. & Mrs. William W. Tidwell on behalf of David • Tidwell for damages in the amount of $20,000 (RECOMMEND DENIAL) 5 . Claim of Jim E. Gillispie, Jr. for injuries in the amount of $50 , 000 (RECOMMEND DENIAL) 6 . Bid No. 81-05, Emergency Generator (RECOMMEND BID BE AWARDED TO GENERATOR EQUIPMENT CO. IN THE AMOUNT OF $4 ,326 . 92) 7 . Bid No. 81-06, Street Overlay Project 1981 (RECOMMEND BID BE AWARDED TO M. J. HERMRECK IN THE AMOUNT OF $135 ,300) 8. Bid No. 81-07 , Grounds Maintenance (RECOMMEND BID BE AWARDED TO MOORE'S YARD MAINTENANCE IN THE AMOUNT OF $33 ,600) 9 . Bid No. 81-08 , Construction of Vida & Navidad (RECOMMEND BID BE AWARDED TO C. SANCHEZ & SONS IN THE AMOUNT OF $2 ,700) 10. - Bid No. 81-09 , Windowcovering (RECOMMEND', BID BE AWARDED TO THE WINDOW AFFAIR IN THE AMOUNT OF $2 ,413 .62) 11. Exception to final Parcel. Map CO 74-185, Valle Avenue and Pinal Road, James and Franki Hazard, to grant exception to Parcel Map conditions requiring "sewage disposal shall be by connection to the community sewers" (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 12 . Tentative Tract Map AT 810227 : 1, 9550 and 9552 El Parque, Edward and Judy Young, to allow a two unit air-space condo- minium conversion (RECOMMEND APPROVAL OF PLANNING COMMISSION .RECOMMENDATION) 13 . Lot Line Adjustment LA 810414 : 1, 7720 Cristobal and 7605 & . 7655 Tecorida, Marcel E. Texeira, to adjust existing lot line to solve encroachment problem (RECOMMEND.- APPROVAL OF PLANNING . COMMISSION RECOMMENDATION) 14 . Lot Line Adjustment LA 810316: 1, 8808 Arcade, Rayetta Williams, to adjust existing lot line to solve encroachment problem (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDA- TION) AGENDA - ATASCADESCITY COUNCIL 0 Regu:_ar Meeting June 8 , 1981 Page Two A. CONSENT CALENDAR cont. 15. Acceptance of Parcel Map AT 80-57 , 9100 Pino Solo, Loyd Sims (Baumberger) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 16 . Acceptance of Parcel Map AT 79-077 , 4205 Santa Cruz, Mr. and Mrs. Robert Hottenroth (Hilliard) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 17 . Acceptance of Parcel Map AT 801203 : 1, 2100 Traffic Way, Levi Barrett (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 18 . Acceptance of Parcel Map AT 800911 :1, 8950 Atascadero Avenue, Harry Smith (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 2 19 . Acceptance of Parcel Map AT 79-265, 5650 and 5765 Vega, Don Heath (Hilliard) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 20. Acceptance of Lot Line Adjustment LA 810225: 1 , 5260 Maleza, Michael Craig (Bray) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 21. Acceptance of Lot Line Adjustment LA 810130: 1 , 4550 San Ardo Avenue, Margaret C. Ferreira (Associated Professions) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 22. Conditional Use Permit U810421:1, N/E Corner of Morro Road & Lago Avenue, Peter Del Vaglio (Dave Hansen) to allow estab lishment of an 8500 sq. ft. commercial recreation facility including a dance academy, an arcade, a laundromat, a health club and offices (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 23. Tentative Parcel Map AT 810327 :1, 9600 and 9630 Carmelita, Edward and Hetty Anderson (Twin Cities Engineering) to allow subdivision of 7 .7 acres into three parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 24 . Variance V810408 : 2, 5820 Traffic Way, G.D. Spradlin (Linden thaler & Courtney Associates) to allow elimination of the required 25 ' front setback in a C-1 Zone, where part of the frontage in a blockisin an "R" (Residential) district, in conjunction with a proposed retail commercial project V (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 25. Tentative Tract Map AT 810121: 1, 6800 Alcantara, Gaylen Little, to allow a three unit air-space condominium conversion (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 26. Tentative Tract 777 , 5625-55 Capistrano, F.E. McNamara (West- land Engineering) to allow a 16 unit air-space condominium conversion (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 27 . Tentative Tract 830, 7605 and 7655 Santa Ysabel, Keith and Murl Bruington (Mitch Walker) to allow a 27 unit air-space condominium conversion (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 28. Resolution No. 7-81 denying an appeal concerning certain conditions placed on Building Permit No. 493 in conjunction with alterations pursuant to the establishment of McCarthy' s Restaurant at 6195 El Camino Real (RECOMMEND ADOPTION) • • AGENDA - ATASCADERO CITY COUNCIL Regular Meeting June 8 , 1981 Page Three A. CONSENT CALENDAR (cont. ) 29 . Resolutions affirming City Council action on General Plan Amendments . a. Resolution No. 8-81 approving General Plan Amendment GP 801101: 1 amending the text of the Circulation Element concerning the future location of Highway 41 to support the Mercedes Alignment (RECOMMEND ADOPTION) b. Resolution No, 9-81 approving General Plan Amendment GP 810108: 1 changing the land use designation from High Density Multiple Family Residential to Retail Commercial for certain property along South Mall Extension and Capistrano near Santa Ysabel (RECOMMEND ADOPTION) C. Resolution No. 10-81 approving General Plan Amendment GP 810316 : 1 amending the text of the Land Use and Housing Elements concerning density bonuses for low and moderate income housing (RECOMMEND ADOPTION) d. Resolution No. 11-81 approving General Plan Amendment .q GP 810316 : 2 amending the text of the Land Use Element concerning minimum lot sizes for Planned Unit Develop- ments and Mobile Home Subdivisions (RECOMMEND ADOPTION) e. Resolution No. 12-81 denying General Plan Amendment • GP 810316 : 3 concerning permitted densities in Multiple Family Residential Land Use Designations (RECOMMEND ADOPTION) f. Resolution No. 13-81 approving General Plan Amendment GP 810316: 4 amending the text of the Land Use Element relating to future industrial development (RECOMMEND ADOPTION) g. Resolution No. 14-81 denying General Plan Amendment GP 810325 : 1 concerning a requested change in land use designation from Suburban Single Family Residential to Moderate Density Single Family Residential for certain property fronting on Viejo Camino and El Camino Real between their intersection and Santa Barbara Road (RECOMMEND ADOPTION) h. Resolution No. 15-81 denying General Plan Amendment GP 810325 : 2 concerning a requested change in land use designation from Moderate Density Single Family Resi- dential to High Density Single Family Residential for a certain property located at 7565 Sombrilla (RECOMMEND ADOPTION) B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing to consider proposed uses for $165, 946 of • Revenue Sharing Funds for 1981-82 Fiscal Year Budget 2. Appeal of David McMillan (Chidlaw) from Planning Commission conditions of approval for Departmental Review R810330 :1 , 8375 Morro Road, to allow conversion of an existing single family residence to a commercial office use AGENDA - ATASCADERO CITY COUNCIL Regular Meeting June 8 , 1981 Page Four B. HEARINGS, APPEARANCES AND REPORTS (cont. ) 3 . Appeal of Fernando Ebhardt (Swauger) from Planning Commission denial of Conditional Use Permit U810316 : 1, N/E corner of San Jacinto and Palma Avenues, to allow construction of a five (revised to four) unit air-space condominium project by obtaining a density bonus for solar and energy efficient units 4 . City Attorney Report No. 13 5. Report by the City Manager on proposed Cease and Desist Order No. 81-60 , Atascadero County Sanitation District C. UNFINISHED BUSINESS 1. Consideration of allocating additional funds ($3 ,180) for moving the Lucky' s Market building D. NEW BUSINESS 1. Consideration of allowing mobilehomes as temporary dwellings during term of building permit 2. Consideration of the Capital Improvement Program 3. Consideration of Dial-A-Ride Service Contract E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3 . City Manager M E M O RAN D U M TO: City Council FROM: City Manager SUBJECT: Consent Calendar You have a large number of items on the Consent Calendar which may, if you to remove any of them for discussion, cause a long meeting. I would suggest your consideration of the following if you consider the number of items to be too great to be handled at the Monday night meeting: 1. Defer those items which have not previously been brought before you. You will note that several of the Final Map items have been heard as preliminary map applications and the conditions have been met, therefore, nothing further can be done by the Council . Others, however, have not been before you previously and could be deferred until next meeting. Please note that many of these were- heard at the Planning Commission meeting on June lst. We try to get these items before the Council as soon after the Commission meeting as possible, but that procedure does not allow us to provide Commission minutes with each item, thereby giving you the benefit of reading the minutes when considering an item. Should you desire the minutes, then we will have to bring Commission matters to you a week later; this is the usual process for cities. 2. The General Plan resolutions do not allow for public hearings or the taking of any further testimony since advertised hearings and testimony resulted in these ' resolutions. The only way that the Council can consider further public input would be to declare and set additional hearings on the matters requiring re-advertising for scheduled dates. The Council has already heard all evidence concerning these matters and the resolutions are merely endorsing the findings and testimony considerations of previous ' hearings. If an individual Councilmember wishes to comment on these reso- lutions, they certainly may do so on a selective basis by requesting removal from the Consent Calendar. Public testimony, however, would be inappropriate M Y . :WARDEN M W:a 6-4-81 0 0 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 11, 1981 7 : 30 p.m. AtascaderoAdministration Building The meeting was called to order at 7: 30 p.m. by Mayor Pro Tem Stover. Donald Curtis, representing St. Williams Catholic Church, gave the invocation. ROLL CALL PRESENT: Councilmen Highland, Nelson and Mayor Pro Tem Stover ABSENT: Councilman Mackey and Mayor Wilkins PUBLIC COMMENT None A. CONSENT CALENDAR 1. Minutes of the regular meeting of April 27 , 1981 (RECOMMEND APPROVAL) 2 . Treasurer' s Report, 4-1-81 to 4-30-81 (RECOMMEND APPROVAL) 3 . Departmental Review R810323 : 1, 3950 E1 Camino Real , Bruce Eisengart dba: Hometown Nursery, to allow establishment of a retail plant nursery (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 4 . tentative Parcel Map AT 810329 :1, 7475 Balboa Road, Gordon T. Davis (Twin Cities Engineering) to allow division of 10 .42 acres into three parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 5. Tentative Parcel Map AT 810305 :1, Palo Verde Road, William Fortington, to divide 12. 24 acres into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 6 . Tentative Tract Map AT 810224 :1, 5425 Olmeda, Burton. Williams - LaLande, to allow a six unit air space condo- minium subdivision (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) Mr. Warden reviewed all items on the Consent Calendar. MOTION: Councilman Nelson moved for approval of the Consent Cal- endar. The motion was seconded by Councilman Highland and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal of Planning Director ' s decision concerning Building Code requirements, 6195 El Camino Real , Stanford Clinton • (John Scholz) Larry Stevens stated that the applicant has been altering an existing bar/restaurant and is appealing two conditions which the • i MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 11 , 1981 Page Two Planning Department placed on the permit. One condition is that all - additional doors comply with Fire Code minimums (exit signs , 3 ' mini- mum width, complying risers, panic hardware) or modify doors so as to prohibit general public use. The second condition is that the applicant provide a written statement that the second floor area is not to be used except for storage until compliance with Fire Code requirements. Gary McKibben, architect representing the applicant, spoke in favor of the appeal . He said that his client had purchased the res- taurant in its present condition, that it had been operating for some years now, and he did not feel that they should be made to comply with the Code to this extent. He outlined the improvements the appli- cant was making on his own initiative. There was considerable discussion with regard to the interpre- tation of the Code and whether this improvement was considered re- modeling or merely redecorating. It was noted that while Council may interpret the Code as to its meaning, they could not ignore the Fire Code regulations specifying defined conditions. MOTION: Councilman Highland moved that the appeal be denied. The motion died for lack of a second. Mr. Stanford Clinton, the applicant, spoke in favor of the appeal . MOTION: Councilman Highland moved that the appeal be denied and that Staff be instructed to prepare a resolution with the appro- priate findings. The motion was seconded by Councilman Nelson and unanimously carried by roll call vote. 2. General Plan Amendment GP 810325 : 2, 7565 Sombrilla, Helen Walley, to allow' a change in land use designation from Moderate Density Single Family Residential to High Density Single Family Residential - Public Hearing Mr. Stevens reviewed this matter stating that the Planning Com- mission had denied the requested change to High - Density Single Family Residential because they felt it would encourage spot zoning. Jack Stinchfield spoke in favor of the proposed change and Linda Schoof spoke in opposition to the change. Mr. Warden noted that Council could consider rezoning the entire strip along Sombrilla or refer the matter back to the Planning Commission with their recommenda- tions. They could also deny the request without prejudice and carry it over to the General Plan amendment considerations in August. MOTION: Councilman Nelson moved that Council deny the request • without prejudice and consider this as an appropriate amendment to the General Plan considering the entire strip. The motion was seconded by Councilman Highland and unani- mously carried. MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 11, 1981 Page Three 3. General Plan Amendment GP 810108 : 1, Capistrano and South Mall Extension, Don Messer, to allow a change in land use designation from High Density Multiple Family Residential to Retail Commercial - Public Hearing Larry Stevens reviewed this matter stating that the Planning Commission has authorized a Conditional Negative Declaration and approved the requested change to Retail Commercial . Dennis Bethel, engineer for the project, stated that he concurred with the Planning Commission' s recommendation and Staff ' s findings and requested Council approval for the amendment. MOTION: Councilman Highland moved for approval of the Planning Commission ' s recommendation. The motion was seconded by Councilman Nelson and unanimously carried. 4 . General Plan Amendment GP 810325: 1, 11505-905 E1 Camino Real and 11550-11950 Viejo Camino, Michael Frederick, et al, to allow a change in land use designation from Suburban Single Family Residential to Moderate Density Single Family Resi- dential or a land use that would allow a one acre minimum lot size - Public Hearing • Mr. Stevens reviewed the Planning Commission' s consideration of this change in land use designation and their denial of the request based upon their determination that the General Plan should not be amended to allow one acre lots in the area. Michael Frederick spoke in favor of the change. e.g MOTION: Councilman Highland moved that Council adopt the Planning Commission' s recommendation and findings. The motion was seconded by Councilman Nelson and unanimously carried. Noel Shut spoke in favor of the requested amendment. 5. General Plan Amendment GP 801101 : 1, initiated by City Council , to consider amending the Circulation Element con- cerning the future location of Highway 41 northerly of Freeway 101 - Public Hearing Larry Stevens reviewed the Planning Commission' s recommendation which was to delete all references to Highway 41 north and east of Freeway 101 and to support use of 101 north to Paso Robles and High- way 46 to Shandon instead of the existing or proposed routes. Mr. Stevens noted that Staff was recommending retention of the Mercedes alignment based upon the supporting data as outlined in the Staff • Report to the Planning Commission. Comments were heard from Tom Parks concerning 'costs; Howard Mahron in favor of the Mercedes route; Doug Lewis regarding other alternatives; also Don Messer and Gary Hoskins. • • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 11, 1981 Page Four Council members discussed the matter with Councilmen Highland and Nelson favoring the Mercedes route. MOTION: Councilman Nelson moved that Council overrule the Planning Commission decision and direct that the General Plan amend- ment be revised to reflect the analysis provided by the Staff memo. The motion was seconded by Councilman Highland and unanimously carried. RECESS 9: 35 p.m. RECONVENED 9 : 40 p.m. 6 . General Plan Amendment GP 810316: 1, initiated by Planning Commission, to consider a policy within the Land Use and Housing Elements concerning density bonuses for low and moderate income housing Public Hearing Mr. Stevens reviewed the Planning Commission' s consideration which authorized a Conditional Negative Declaration and adopted a resolution setting forth findings and approved text changes as out- lined. During the public hearing, comments were heard from Doug Lewis . MOTION: Councilman Nelson moved that Council go along with the Planning Commission recommendation and Staff Report. The motion was seconded by Councilman Highland and unanimously carried. 7 . General Plan Amendment GP 810316: 2, initiated by Planning Commission, to review and establish minimum lot sizes applicable to Planned Unit Developments and mobile home subdivisions Public Hearing The Planning Commission had unanimously approved the text change. There were no comments from the public . MOTION: Councilman Highland moved for approval of the Planning Commission' s recommendation. The motion was seconded by Councilman Nelson and unanimously carried. 8 . General Plan Amendment GP 810316 : 3, initiated by Planning Commission, to consider amending the Land Use Element con- cerning densities allowed in Multiple Family Residential land use designations - Public Hearing Mr. Stevens noted that the Planning Commission had denied the amendment to increase multiple family densities and directed further study of the matter and recommended reconsideration during the next General Plan amendment cycle. • There were no public comments on this amendment. MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 11, 1981 Page Five MOTION: Councilman Nelson moved that Council approve the Planning Commission' s recommendation and Staff Report. The motion was seconded by Councilman Highland and unanimously carried. 9 . General Plan Amendment GP 810316 : 4 , initiated by Planning - Commission, to consider policies in the Land Use Element relating to future industrial development Public Hearing Mr. Stevens noted that the Planning Commission had approved amending the Land Use Element text as set forth in the resolution. Doug Lewis spoke to the amendment. MOTION: Councilman Highland moved that Council adopt the recommenda- tion of the Planning Commission and Staff Report. The motion was seconded by Councilman Nelson and unanimously carried. C. UNFINISHED BUSINESS None D. NEW BUSINESS 1 . Recognition of Atascadero Police Officers Association Mr. Warden stated that the Police Officers Association had complied with the rules and regulations relating to recognition of employee groups and he was recommending acceptance by the Council of their Petition for Recognition. MOTION: Councilman Highland moved that Council accept the Petition and Bylaws from the Atascadero Police Officers Association. The motion was seconded by Councilman Nelson and unanimously carried. 2. Request of Atascadero Jaycees for use of Atascadero Lake Park for 4th of July celebration Mr. Warden stated that the Jaycees had requested the use of Atascadero Lake Park for the 4th of July celebration again this year. Staff had met with the representatives of the Jaycees and Mr. Warden was recommending that the same provisions as were established last year be approved for this year. MOTION: Councilman Highland moved that Council approve the arrange- ments including the conditions as outlined and authorize the closure of the three streets. The motion was seconded • by Councilman Nelson and unanimously carried. MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 11, 1981 Page Six 3 . Request of Atascadero School District for street closure on Palma Avenue for community concert, June 5, 1981 Mr. Warden stated that the School District was requesting the closure of Palma Avenue for a community concert on June 5th. This matter has been coordinated through the City departments and does not present any problems. MOTION: Councilman Nelson moved for approval of the street closure. The motion was seconded by Councilman Highland and unani- mously carried. 4 . Chamber of Commerce request for carnival Mr. Warden stated that the Chamber of Commerce wished to hold a carnival on May 20 through 25, however, they had been unable to pro- vide the City with information concerning the carnival so that Staff could coordinate the matter in accordance with current ordinances . The carnival will be held on El Camino Real at the San Luis Butane property. He asked Council to approve the request subject to compliance with conditions as established by ordinance. MOTION: Councilman Highland moved that Council approve the Chamber ' s request for a carnival subject to the required conditions. The motion was seconded by Councilman Nelson and unanimously le carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council Council members had nothing. 2 . City Attorney Mr. Grimes had nothing to report. 3 . City Manager (a) Mr. Warden stated that the City had been offered the old Lucky Market building if the City would remove the structure from its location within two weeks. He estimated that the cost could be from $3 ,000 to $5, 000 to move the building. He dis- cussed the possible uses for the building and recommended that Council approve the amount required to move the building. Until the City decides on a definite use for it, it can be stored at the sewage treatment plant. MOTION: Councilman Highland moved that Council authorize the City Manager to enter into a contract, subject to the approval of • the City Attorney, and that up to $5, 000 be authorized for transfer from Contingency Reserve for moving the building. The motion was seconded by Councilman Nelson and unanimously carried. 0 0 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 11, 1981 Page Seven (b) Mr. Warden advised that the next Council meeting date is May 26th which is a holiday. Council discussed whether or not to meet the following Tuesday, however, some Council members and the City Manager had a conflict with that date. Council decided to cancel that meeting. MOTION: Councilman Highland moved that the second meeting in May be cancelled. The motion was seconded by Councilman Nelson and unanimously carried. The meeting adjourned at 10 :16 p.m. Recorded by: MURRAY L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk • • 0 CITY OF ATASCADERO TREASURER'S REPORT MAY 1, 1981 TO MAY 31, 198 BALANCE AS OF APRIL 30 , 1981 $ 11,479 . 86 RECEIVED (PER ATTACHED) 842 ,453 . 84 TOTAL $ 853 ,933 .70 WARRANT REGISTER NUMBER 81-111 $ 72 ,818.51 It it if 11 If 11 11 81-112 37 ,272.21 _ " " it " It " If 81-113 104 ,159 . 08 (Includes Payrolls 5/6 & 5/20/81) PAID LISTING 635 , 000. 00 TOTAL $ 849 ,249 . 80 BALANCE AS OF MAY 31, 1981 $ 4 ,683 . 90 PETTY CASH ON HAND $ 72 .73 LOCAL AGENCY INVESTMENT FUND $ 310 ,000. 00 TIME DEPOSIT, MID-STATE BANK 14 . 90% Interest, Matures 06/23/81 $ 100 , 000. 00 TIME DEPOSIT, MID-STATE BANK - 14 . 90% Interest, Matures 06/23/81 100 , 000 . 00 TIME DEPOSIT, BANK OF AMERICA 18. 25% Interest, Matures 07/17/81 100 , 000. 00 . TIME DEPOSIT, MID-STATE BANK 14 . 75% Interest, Matures 07/23/81 100, 000. 00 s TIME DEPOSIT, SECURITY PACIFIC BANK 18.50% Interest, Matures 08/13/81 100 , 000. 00 TIME DEPOSIT, SANTA BARBARA SAVINGS 18. 50% Interest, Matures 08/16/81 100 , 000. 00 TIME DEPOSIT, FIDELITY- SAVINGS 15 . 25% Interest, Matures 08/24/81 100, 000. 00 TIME DEPOSIT, SECURITY PACIFIC BANK 13. 875% Interest, Matures 09/14/81 100,000. 00 TIME DEPOSIT, BANK OF AMERICA 18 . 50% Interest, Matures 09/14/81 100 , 000 . 00 TIME DEPOSIT, MID-STATE BANK 13 . 0% Interest, Matures 09/14/81 100 , 000. 00 TIME DEPOSIT, CENTURY FEDERAL SAVINGS 18 . 25% Interest, Matures 11/18/81 100 , 000. 00 TOTAL $1,414 ,756 . 63 CITY OF ATASCADERO TREASURER'S REPORT MAY 1, 1981 to MAY 31, 1981 I RALPH L H. DOWELL, JR. , do hereby certify declare that the demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City T easu(ry. RALPH H. DOWELL, JR. - Finance Director MURRAY /L. WARDEN City Manager • CRECEIVED LISTING Y 1, 1981 TO MAY 31, 190 TAXES Property Tax 171,739 .29 Property Transfer 1,913 .14 Sales Tax 62,500. 00 Homeowners Property Tax Relief 6 , 714 .91 Miscellaneous 368. 63 LICENSES/PERMITS 10 ,491. 09 FINES/PENALTIES 408. 58 REVENUE/RENTS Investments 5,384 . 81 Rents , Concessions 11,134. 82 Rebates 47 . 39 REVENUE/AGENCIES Vehicle "In Lieu" 20,6"23.49 Cigarette Tax 3 , 837 .21 P.O. S.T. 1,285 .18 Dial-A-Ride 804.50 Grants 2, 460. 19 Performance Bonds 2, 000 . 00 Miscellaneous 371. 60 CHARGES FOR CURRENT SERVICES 6 ,749 . 48 GAS TAX 9,926.57 TRAFFIC SAFETY 2 ,617 .26 LOCAL TRANSPORTATION (SB-325) 96 ,929. 69 RECREATION 2 ,817 .25 MISCELLANEOUS 1, 328. 76 FROM L. A. I. F. 220,000. 00 FROM TIME DEPOSIT 200, 000 . 00_ TOTAL $842 ,453 . 84 ATASCADEQO PAGE NO. 1 DEMAND/WARRANT REGISTER NO. 81-1 1 1 DATE 05/08. PAYEE WARRANT CHECK :CHER DETAIL OF DEMANDS PRESENTED WRITTEN VD. DESCRIPTION ACCOUNTCHG'D INV.NO. AMOUNT NO. AMOUNT ATASCADERO NEWS 90 PUBLIC HEARING-HAZARD 101-4110-247 F-798 11 .52 90 PU31LIC HEARING MOBILE HOM01-4110-247 800 12.72 90 P9ULIC HEARING BURTON 01-4110-247 -799 15.84 90 PUBLIC HEARING GAVIS 01-4110-247 F-801 17 .04 90 PUBLIC HEARING FORTINGTON 01-4110-247 F-802 14.88 90 PUBLIC HEARING MESSER I01-4110-247 -810 15.84 90 PUBLIC HEARING GEN PLAN 1-4110-247 -809 39. 16 90 PUBLIC HEARING IWALLEY _i01-4110-247 �-808 15.84 90 I PUBLIC HEARING GPR10325 : 01 -4110-247 -807 18.00 4949 159 .84 FORD90 ,ATASCADERO INSPECT BRAKES #3 01-4201-215 12870 25, 00 90 REPAIR 'TR.ANSIMTSSION 94 01-4201 -215 12985 398.74' 90 CREDIT MEMO - 01-4201-215 119793 57 .81- 4950 365.93 B BLUEPRINTING 91 MAP 01-4110-208 7239 20.03 91 DIAZO SHEETS I01-4401-210 i5732 1 .06 91 FOLDERS 01-4401-210 15620 11.45 91 BLUELINE 01-4401-210 238 1 .31 91 BLUELINE 01-4401-2101250 14.25 91 BLUELINE 01-4401-210 15601 2.'23 91 BLUELINE 01-4401-210 5702 44.52 4951 94.85 & H AUTO PARTS INC 91 PINS & KEYS i01-4402-217 2673.96 91 GREASE R GREASE GUN '01-4402-217 '4439 37 .69 91 WISH 8R00fn & MIRROR 1�01-4402-217 24267 7 ,98 91 ZERKS 01-4402-217 4989 3,90 4952 53.55 REEOER `S CHOICE PET FOODS T 90 FELINE 42 MIXED MEAT 01-4404-210 161 3141 . 34 4953 3141 .84 n ISHOP GRAPHICS INC 90 j DIAZ.IT MACHTNIF k STANn41 -4401 -308 045308 600.00 91 i OIAZ_IT MACHINE R STAND l01-4401-309 ;045309 669.9`l 4954 1269 .94 r I I r i i i 0 ATASCADERO PAGE NO. .2 10MAND/WARRANTREGISTERNO. 81 -111 DATE 05/08/81 PAYEE WARRANT CHECK ,HER Q DETAIL OF DEMANDS PRESENTED WRITTEN . DESCRIPTION ACCOUNTCHG'D INV,NO. AMOUNT NO. j AMOUNT PAST TO COAST ?2 SWITCH, PAINT . BRUSHI OIL 01-42,02-210 7504 22.26 ?? SLIP JOINT 'WASHER 01-4202-216 17507 .62 32 MASKING TAPE "01-4202-216 7508 2.51 4955 25,39 0"AIH TRANSIT SERVS, IMC 31 BUS SERVICE 4/13-4/17 5-4401 -224 2302 1103.03 3I BUS SERVICE 4/20-4/24 05-4401-224 2317 1305.81 4956 2408.84 I HICAGO GRADE LANDFILL 33 OUAP FEES 01-4402-217 4 26.00 4957 26.00 OAST ELECTRONICS 37 TAPES 01-4106-210 ;05918 15.22 4958 15.22 ALIFORNTA SPRAY SERVICE SPRAY WEED-465 HYDRANTS 1-4202-214 697 .50 4959 697 .50 T OF CAL-DEPT TRANSPORTATIO )2 TRAFFIC SIGNAL & LIGHTS 101-4402-227 $1420 123.42 )2 TRAFFIC SIGNAL & LIGHTS X01-4402-227 -3114$ 140.42 C ?2 TRAFFIC SIGNAL & LIGHTS 41-4402-227 $0876 98.06 's? TRAFFIC SIGNAL & LIGHTS b1-4402-227 50069 36. 17 32 TRAFFIC STGNAL & LIGHTS 01-4402-227 30336 180.60 32 TRAFFIC SIGNAL & LIGHTS 1-4402-227 130605 144.06 4960 722.73 AILY PRESS 33 CLERK/PBX OPERATOR AD 15-01-4102-248 45. 00 4961 48.00 E COU LUMBER CO I � 33 LUMBER X01 -4202-216 �!J16231 86 .87 )3 PULLY & ROPE � 1-4202-216 J17314 27 .71 )3 MORTAR "AIX & CONCRETE 01-4402-217 IJ14978j 25.86 )3 LATH, STAKES, RTBRON R RE11)1-4402-217117126' 21 .93 )3 CHAT`l X01-440?-217 X117308 4.04 )x rI00D 01-4402-217 14265 21 .45 i i J 0 ATASCADERO PAGE NO. 3 DEMAND/WARRANT REGISTER NO. 81-111 DATE 05/08 PAYEE WARRANT CHECK HER DETAIL OF DEMANDS PRESENTED WRITTEN J. - DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT >3 NUTS, BOLTS & WASHERS 01-4402-217 J15833 4.32 '2 MOLLY BOLTS, WOOD, TRIM 01-4405-301 J171.97 146.47 '2 SHEET ROCK & PLYWnOD 01-4405-301 '15434 143.95 '2 MOULDING & CORNER GUARD 01-4405-301 J15099 133.79 t2 WOOD 01-4405-301 J 15 015 2 63.43 13 NAILS X01-4405-301 115593 2.76 3 V400D & NAILS 1-4405-301 J15681 38.58 '3 MARLITE, SAW BLADES 1-4405-301 J16186 232.74 3 MARLITE, FLUX & SOULDER 1-4405-301 J16372 22.04 4962 975.94 * 3 RESUSCI-ANNE & TAPES 1-3500-080 113926 1131 .02 4963 1131 .02 * IRESTONE STORES +3 MOUNT & BALANCE TIRES 05-4401-224 D12028 10.00 4964 . 10.00 ARNERS ACE HARDIWARE ;3 BRASS VALVEr NIPPLE & ELL01-4405-301 3154 31 .34 4965 31 .411* ERISA+NTI HARDWARE ?4 PAINT BRUSH 01-4102-221 06414 3.91 14 SPRAY PAINT 01-4202-215 06522 6.08 '4 FLASHLIGHTS & BATTERIES 01-4202-242 06b`i7 18.53 15 PVC PIPE, CLUE, ADAPTER 01-4402-217 X06553 11 .63 15 NUTS & BOLTS 01-4402-217 06503 1 . 14 �5 SPRAY PAINT & PIPS" 01-4404-216 06475 11 .59 15 BATTERY 01-4404-216 06673 3.00 15 PADLOCKS 01-4404-216 00602 97 . 14 i4 13 KEYS 01-4405-217 06364 2.56 14 LAG SCREW'S 01-4405-217 06517 1 .72 15 2 KEYS 01-4405-217 06469 1 .70 4966 159.00 LEN 'S REPAIR .4 GASKET 101-4202-215 1/4989 .80 4 CHOKE CABLE i01-4404-215 15693 5.04 �4 SERVICE EDG-R 01-4404-215 8659 24. 13 4967 6 29.97 -"EM AUTO PARTS 4 EQUIP CLEANFR & TOGGLE SN01-4201-242 07314 12.53 ATASCADERO PAGE NO. 4 MAND/WARRANTREGiSTER NO. 81-111 DATE 05/08/81 PAYEE WARRANT CHECK CHER DETAIL OF DEMANDS PRESENTED WRITTEN J0. DESCRIPTION ACCOUNTCHG'D INV.NO_ AMOUNT NO. AMOUNT 34 TOGGLE SWITCHES RETURNED 101-4201-242 07344 8.88- 34 ROTOR & SWITCH 01-4202-215 08380 5.08 34 AIR FILTERS 01- 4202-215 68238 9.54 44 BELTS bl-4202-215 167593 9.57 34 BRUSHES & PULLER X01-4202-221 bF,930 17 .29 4968 45. 13 GENERAL ELECTRIC CO 34 REMOTE DESKON UNIT 05-4401-224 � 31F;OC 361 .46 4969 361 .46 IN BUSINESS MACHINES CORP 35 MEMORY TYPEWRITER 5/ 1-5/361-4102-302 L77487 230.87 96 TYPEWRITER 6/1 -8/31 01-4102-302 449994 133.56 95 TYPQRITER 6/1-8/31 1-4106-306 49994 109.48 95 TYPEWRITER 6/1-8/31 1-4110-301 449994 112.89 36 TYPEWRITER 6/1 -8/31 1-4110-301 449994 128.53 95 TYPENRITER 6/1-8/31 01-4201-301 1449994 108.00 35 TYPEWRITER 6/1-8/31 I01-4?01-301 " �p499941 112.,94 ? COPIER 5/1-5/31 & COPIES � 1-4301-303 .77488 1007 .56 TYPEWRITER 6/1-8/31 1-4401-210 49494 127.84 4970 2071 .67 * ESPERSEN°S TIRE - SERVICE 35 REPAIR FLAT TIRE 1-4202-215 04529 6.00 4971 6 .00 * R JAESCHKE INC j 96 BELTS 01-4404-215 C27A05 68.55 4972 6805 * .J. 'S AUTOMOTIVE 95 SERVICED, BRAKE CKED, WIR.05-4401-224 662 1. 16.91 95 SERVICED, CHECKED BRAKES !05-4405-224 679 2A. 17 4973 145.08 ROBERT MOORE 36 LAIN CARE SUNKEN GARDEN 01-4404-301 I 14/81 738. 00 4974 738.00 �C NAMARA ELECTRIC ' 36 J-3Ox 'O1-4405-301 24445 i 21 .65 0975 21 .65 * I I ATASCADE40 PAGE NO. 5 DEMAND/WARRANT REGISTER NO. 81-111 DATE 05/08* PAYEE WARRANT CHECK HER DETAIL OF DEMANDS PRESENTED WRITTEN 0. DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT IR B PHOTOGRAPHY FILM DEVELOPMENT R PRINT 01-4201-210 1909 7 .74 4976 7074 )6 ADOTTIONAL PREMIUM DUr"P T01-4301-253 10402 177 .00 4977 177.00 ACIFIC GAS ELECTRIC )6 ELEC T8RP3-00A01-4 1-4402-227 .43081 1826.88 )6 ELEC TnRP4-00701-1 1-4404-227 54.60 )6 ELECTRIC HBR38-00602-3 2/01-4405-227 202.26 4978 2083074 ACIFIC TELEPHONE )7 PHONE 805-466-8000-534—N 01-4102-228 .42081 374.79 )7 PHONE 805-466-8000-534-N I01-4110-228 ;042481 374.79 )7 PHONE 805-466-8600-A69-N 1 -4201228 1042081 325. 12 )7 PHONE 305-466-8600-869-N 01-4202-228 042081 125.00 )7 PHONE 505-466-3000-534-N 01-4401-228 Ou20tf1 83.29 )7 PHONE 805-466-9037-360—N 01-4404-228 042081 27 .22 4979 1310. UBLIC EMPLOYEE 'S RETIRE SYS )6 RETIREMMENT CONTRIR 4/4-4/01-2160-006 9479.33 4980 9479.33 POULTRYINtENS COOP ASSOC )7 HI—PRO DOG FOOD 01-4404-210 21892 32.49 )7 HEN SCRATCH, SUNFLOV,ER SE01-4404-210 21801 73.33 4981 105 .82 PACIFIC HOME_ IMPROVEF'ENT CNT )7 E—Z CRETE 01-4404-216 209945 23.47 +6 BOLTS & 4NASHERS 01-4405-217 1103$ 2.51 a6 TAILPIECE , ?NASHERS & SCRF_01-4405-217 210030 11 .36 16 GLUE, SCREWS, MOULDING p1-4405-217 �099771 40 .91 +7 TUBE CUTTER, KNEEPADS , IaLi01-4405-217 ;2099811 49.08 4982 127 .33 ALLA EQUIPMENT TNC 17 HOOD HINGE 1-4202-215 X10437 14.79 4983 14.79 ATASCADERO PAGE NO. 6 SMAND/WARRANTREGI STER NO. 81 - 111 DATE 05/08/81 PAYEE WARRANT CHECK 3.HER DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNTCHG'D INV.NO. AMOUNT NO. AMOUNT D PETERSON 7 MOTOR GRADER RENTAL 1-U402-309 745 900.00 7 STREET S,?JEEPER RENTAL 2-4402-224 7744 440.00 4984 1340.00 PROFESSIONAL AUTOMOTIVE PAIN o SPRAY GUN & CUP 1-4202-221 b118 118.53 4985 118.53 RYAN E©UIPMENT CO 17 PLATE, ANCHOR & GUIDE 01-4402-217 1503 53.01 4986 53.01 AN LUIS PAINTS �33 EPDXY 20-00373 01-4404-216 22.26 )8 EPDXY 20-00379 01-4404-216 22.26 )8 SHELLAC & TIP 20-00680 01-4405-301 21 .70 8 SEALER & PAINT 20-00567 01-4405-301 61 .90 8 SEALER & PAINT 20-00564 01-4405-301 61 .89 4987 190.01 * EPT OF TECH SERVICES 2 CU�1MU"JICATION SERVICE 1-4201-229 STMT 32.78 4988 32.78 * L SAURET INC 8 WD-4o & GEAR OIL 01-4402-220 36860 25.39 4989 25.39 * IRCHIF_ FINGF_RPRINT LAB $ MAGNIFIER. & RIDGE COUNTER 1-4201-221 15312 46. 15 4990 48. 15 ELEGR,AM-TRIBUrt1E 8 CLERK-PBX OPERATOR 01 -4102-248 72537 91 .20 4991 91 ,20 I TEMPLETON FEED & GRAIN 8 COMPLETE HORSE PELLETS 01-4404-210 94581 141 .00 4992 141 .00 ARA CONSTRUCTION 8 PROGRESS PAYMENT 3-TARA 01-4405-301 81-02 40355.98 4993 40355.98 i I I I ATASCAOERO PAGE NO. 7 DEMAND/WARRANTREGISTERNO. 81-1. 11 DATE 05/089 PAYEE WARRANT CHECK CHER Jo. DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNTCHG'D INV.NO. AMOUNT NO. AMOUNT JNION OIL CO OF CA ?R GASOLINE 1 -0623-6920 101-4201-219 43081 1319. 12 38 GASOLINE 1 -0623-6920 101-4402-218M"" 43081 180.50 98 GASOLINE 1-0623-6920 ,41-4402-219 1)43081 108.08 4994 1607070 � 4ESTERN OFFICE PRODUCTS INC 39 10 ROLLS TELETYPE PAPER 11-4201-212 19966 56.50 ?9 'PHONE P40 1-4202-212 119872 6.20 99 t4AP TACKS 1-4202-212 - 19875 2.86 '39 ST09AGE FILES X01-4202-212 x9765 10.30 39 LAMP 1-4202-216 19555 45.74 39 FILE CABINET 1-4401-304 19513 189.74 49 FILE CABINET 1-4402-303 19513 189.74 4995 501 .08 dALSH SECURITY LOCK SHOP 39 6 PIN KEYS 1-4201 -242 6759 .94 39 KEY RINGS & BRASS TAGS r1-4201-242 6788 8.83 39 DUPLICATE KEY �Q1-4201-242 6994 4. 14 38 12 PAD LOCKS 01-4402-217 )a13 85.85 39 2 KEYS 101-4402-217 )814 2.02 4996 101 .78 EE WILSON ELECTRIC CO 38 REPLACE LOAD SWITCH 051.4402-224 81376 81 .50 4997 81 .50 I i I i I I w ATASCADERO PAGE NO. 8 WAND/WARRANT REGISTER NO. 81-111 DATE 05/08/81 PAYEE WARRANT CHECK ;HER DETAIL OF DEMANDS PRESENTED WRITTEN 0. DESCRIPTION ACCOUNTCHG'D INV.NO. AMOUNT NO. AMOUNT 4RITTEN 72818.51 REPAiD .00 CCRUED .00 TOTAL 72818.51 RECAP BY FUND RE-PAID RITTEN FUND 01 .00 69371 .63 FUND 02 .00 44O.OU FUNDS .00 3006.88 i i I I � I I it I I I i � ATASCADERO PAGE NO. 1 DEMAND/WARRANT REGISTER NO. 1 -1 1 2 DATE 05=/1 1 PAYEE WARRANT CHECK UCHER DETAIL N0: OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT ATASCADLRO i'E413 ,03 PUB NOTICE-.'iAI,yT CONTRACT'01-4102-247 F-620 8. 40 >03 PUB NOTICE - STREET OVERL-01 -4102-247 �F'•I-806 37 .35 303 PUS NOTICE - VIDA ROAD 01-4102-247 F-819 6.24 ,03 PU3 NOTICE - STAND-BY ELE01 -4102-247 F-804 7.44 103 PUB HEARTNIG - IuC NAtAAPA 01-4110-247 F-813 14.88 1)03 PUB HEARING - BRUINGTON 01-4110-x'47 F-817 12.72 r03 PU3 HE4RING - SPRADLIN 01-4110-247 F-616 17.67 )03 PU5 HEARING SPRADLIN 01-4110-207 F-815 17. 04 )03 PUB HEARI�X!G - DEL VAGLIO 01-4110-247 �F-814 17 .04 5068 138.78 'CTAS f4!TUAL �'YATER CO 303 INSTALL FIRE HYDRANT ARDI01-4202-301 364 12.22.63 :03II:STALI_ FIRE HYDRA'1T SANT01-4202-301 363 482.30 506 . 1704.93 AT.AS FEDERAL CREDIT UNION 300 CREDIT UNTW DEPOSIT 01 -2160-005 050661 878.50 P198P 878.50 A - .'1t AT SCA_ ERO POLICt. 880CIATIq 0 )00 POLICE ASSOCIATION DUES 01-2160-005, 050651 90.00 P1990 90.00 ALERT-O-LITE .03 TRAFFIC CO DES (24) 01-44OP-217 36773 97 .94 )03 3 CAN CATCnERS 01-4404-217 36772 100 . 17 5070 198.11 RICHARD CLU;0BERG 100 REIt?,RIJKSI~ FXP FINGF_RPRINT01-4201-236 4/5-10 119.31 P199E 119.31 COOPERATIVE PFRSOwriEL SERVIC 103 DISPATCHER TEST BOOKS 01-4102-234 0529 240.50 5071 244.50 CITY-CO FFO CPEDTT Ut�;ION �00 CREDIT DEPOSIT 01-2160-005 62. 50 P19r9 62.50 ST OF CPI_ IF DEPT OF JUSTTCL 00 FINGERPRI:`JT k u.ACKt;ROUND C1-4201-224 LAtiEY 6. 10 P19951 6. 10 I ATASCADERO PAGE NO. 2 �MAND/WARRANT REGISTER NO. 8 I —1 1 c DATE 05/15/81 a PAYEE WARRANT CHECK 0.CHER DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNTCHG'D INV.NO. AMOUNT NO. AMOUNT COAST AELDI AG SUPPLY INC 03 RENTAL On CYLINDERS 01-4502-217 041616 5.50 5072 4.50 * EL CAMINO CAR .SASH 04 12 CAR WASHES APRIL 01-4201-215 4/81 36.00 507" 36.00 * ALLEN GRIMES 04 PROFESSIOPAL SERVICES 01-4103-224 4/ 1-30 1500 .00 507 1800.00 * GENERAL ELECTRIC CO 04 1 DESKOW UNIT 07-4401-224 160661 361 .46 5075 361 . 46 * GENERAL F_LECTRTC CO 0 VOID CK 40185 LOST 05-5401-224 4185 361 .46-4185 361 .46 .* C R JAESCHKE InC X144 RIGHT & LEFT TRANS4 FANS 01-4404-215 C27976 5. 13 5076 5. 13 r KAISER SAND AND GRAVEL 04 :ASPHALT 01-4402-217 183646 136.04 041 ASPHALT 01-4402-217 188645 196.03 04 ASPHALT 01-4402-217 188643 164. 19 04 ASPHALT 01-4402-217 188644 152.07 C4 OVER DEDUCTED DISCOUNT 01 -4402-217 135191 10. 10 04 OVER DEDUCTED DISCOUNT 01-4402-217 183011 A4.66 5077 673. 18 * LUCAS PRINITING 04 LETTERHEAD ICI-4102-222 2609 100.70 507 ., 100 .70 I LAARENCE R FIC PHE P50% 05 "ILE AGE — APPTL 101 -0401-203 4/ 1-30 70.80 507 70.80 "10—STAFF BANK 05 j LOAN PAYOEI`vT COMO EQUIP 01 -4201-224 5/81 1490 .84 � �I ATA.SCADER0 PAGE NO. 3 DEMAND/WARRANT REGISTER NO. 81-1 12 DATE PAYEE WARRANT CHECK 'HER DETAIL OF DEMANDS PRESENTED WRITTEN 0, DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT )5 LOAN PAYMENT TRACTOR 01-4402-312 5/81. 763, 03 5080 2258,87 .* MID—STATE. BANK )0 FEDERAL wITHHOLDIVG 5/6/, 01 -2160-001 050681 6916. 59 P1991 6916,59 MISSION LINEN SUPPLY 15 DUST (MOPS 01 -4202-211 1296A 1 .75 )4 DUST POP 01-4202-211 1289A 1 .75 )5 SHOP TOtNELS 01-4202-215 1296A 4.50 15 COVE:RALS 01-0202-242 12.96A 4,93 )4 COVERALS 01 -4202-242 1289A 4.71 3 DISH TOWELS 01-4202-250 1296a 3.53 14 DISH WE:LS 01-4202-250 12696 4. 10 5081 25,27 MIO—STATE SOUND )5 OICTAPHOWE COVERS 01-4142-210 2861 7.42 5032 7 .42 MYERS—STEVENS I CO INC 0 15 VOLUNTLER 'S INSURANCE 01 -4202.-107 6243 275.00 5081 275.00 MIRACLE RECREATION EQUIP CO )5 TOT SEATS 01-4404-210 92650 43.50 )5 PARK GRILLS BAR-6—r 01-4404-303 92650 638.71 5084 682.21 OLIVER N 4ILLIAMS 16 ELEVATOR SERVICE - MAY 01-4405-224 5/61 61 .25 5085 61 .25 e 115 GUM VALVE X NIPPLES 01-4Po2-215 67473 26.68 )5 END-OUT 045TE 01-4202-216 140490 9. 12 )6 G;ALV NIPPLES I RFCTOR 5EA01-4405-301 40625 29, 10 )6 BRASS NIPPLES A CRESENT 101 -1405.301 �673u9 73.34 FLANGES C J -J .0 5 3O J 40656 1 .29 505h 139.53 * OHERTS AUTO ELECTRIC )F REPLACE gFAR 6RAKES X05-4401-224 22ol 184.60 I i ATASCADERO PAGE NO. 4 .MAND/WARRANT REGISTER NO. C-1-112 DATE 05/15/81 PAYEE WARRANT CHECK CHER DETAIL OF DEMANDS PRESENTED WRITTEN 0. DESCRIPTION ACCOUNTCHG'D INV.NO. AMOUNT NO. AMOUNT )6 REPLACE ALTERNATOR 9 SELT!05-4401-224 22011 126.96 06 REPLACE CHOKE & FLOD.TS 05-11401.-224 o055 118.82 5087 430.60 PACIFIC GAS & ELECTRIC )6 ELECTRIC FBR 88-24203-8 01-4404-22.7 050681 241 .65 )6 ELECTPIC F8R 86-23402-0 01-4404-227 050681 4.75 )6 ELECTRIC FaR 51-00302-0 01-4404-227 050631 1 .75 5088 248. 15 PUBLIC EMPLOYEE 'S RETIRE SYS J6 RETIRE'nE�IT CONTRIB 4/ 1. 3- _ 01-2160-006 9459.72 508q 9459.72 PETTY CASH - CITY TREASURER )'1 PETTY CASH - POSTAGE DUE 01-4102-204 377 . 17 '-1 PETTY CASH GREYHOUND 01-0106-204 380 3.55 1 PETTY CASH - GREYHOUND 01-4106-204 376 3.55 )1 PETTY CASH - GPEYHOUNP 01-4106-204 371 3.55 i? PETTY CASH - RECORDIiNG TA01-41. 06-210 368 9.51 PETTY CASH - COFFEE IROOFi 01-4106-210 382 2.39 )C PETTY CASA' - GREYHO(.1NO 01-4110-20LI 369 8.35 )1 PETTY CASH - GREYHOUND 01-4110-204 379 8.35 ,) i PETTY CASH - GREYHOUND 01-4110-204 370 8.35 )1 PETTY CASH - SURVEYING 8_ Ol -4110-210 378 3.50 ) 1 PETTY CASH - INVESTIGATOP01-4201-236 375 7 .00 ) I PETTY CASH - !NVESTIGATG--'01-4201-236 3741 7 .00 ?l PETTY CASH IRVESTIGATOR01-42111-236 37:3 15.00 )i PETTY CASH - UPS TO SURVT 01-4202-204 372 3.78 ) 1 PETTY CASH - GAS CAP 01-44U2-215 381 4.29 P1983 88. 34 02 PETTY CASH - LLICC OTINNER 01-4101-206 388 6.36 `)2 PETTY CASH - LOCC DINNER 01 -4101-206 391 2.25 ")2 PETTY C4SH - CONFERENCE 01-4102-206 392 4.65 12 PETTY CASH - JPA (-lEETIivG 01-4J02-206 3•�6 10 .06 )2 PETTY CASH - GREYHOUND 01 -4106-204 389 5.75 )2 PETTY C45'; - JP.4 fiEETI',IG 01 -4106-206 3,36 10 .00 .2 PETTY C.k H - CC!NFFRE; CE 01 -4201-206 3R5 8.85 )2 PETTY CASH. - FILE,' 01-4201-210 393 6.99 )2 PETTY CAbH - HLIC, SPRAY 01-4201-210 394 1 .89 )2 PETTY CASH - TAPE s F'JSEgi01-)+?111 -215 384 3.00 )2 PETTY CASK - UFS-FIL"' & Sj01-4202-204 397 5.72 ATASCADERO PAGE NO. 5 DEMAND/WARRANT REGISTER NO. "1 '112 DATE 05/ 15. PAYEE WARRANT CHECK CHER 0. DETAIL OF DEMANDS PRESENTED WRITTEN `J DESCRIPTION ACCOUNT CHG'D INV,NO. AMOUNT NO. AMOUNT 02 PETTY CASH - UPS-FILMS X01-4202-204 390-95 6.82 02 PETTY CASH-SALT, PEPPER, '01-4401-210 383 6 P2000 91 .96 PETERSON ' S RELDING SHOP 06 40 GAL ASPHALT 01-.4402-217 5373 58.83 06 EOUIPi1ENT REPAIR 01-4402-217 5479 19.0.6 06 EGUIPt`ENT REPAIR 01 -4402-217 4074 47 .95 06 EQUIPMENT REPAIR 01-4402-217 5472 29.49 5090 155.33 KATHI E PREDCY 06 2 BUS ,.,A8HF$ 5/9 X 5/ 10 05-4401-224 7714 20.00 5091 20 .00 � PROFESSIOtiAL AUTOMOTIVE PAIR, 07 PAINT & HARDNER 01-4202-215 6142 75.25 07 THINNER & PRII'ER 01-4202-215 6126 29.79 5092 105.04 RED STAR IND SERV I is 07 tiNIF0RMS 01-4402-205 3900144 16.83 07 UNIF0RMlS 01-4402-205 502333 16.83 07 UNIFOR.1.18 01-4402-205 614329 16.83 07 UIII IF0Rt4S 01-4402-205 726666 16.83 07 UNIFORIS 01-4404-205 39UO1'4 12 .62 07 Un11FORiAS 01-4404-205 502333 12.62 07 11 IIIF0RN1S 01-4404-205 614329 12.62" 07 UNIFOPi%!S 01-4404-205 726666 12.62 07 UNIFORMS 01-4405-205 3900141 8.80 07 UN I F 0 R.M 3 01-4405-205 502333; 8.80 07 Ei111F0RI,,S 01-4405-P05 61143291 8.80 07 UNIFORMS 01-4405-205 726666 8.80 5093 153.00 ROTO-ROOTER SERVICE 07 SEVER CLEA,N1I QG BALLFIFL0 401-4404-216 X203 57 .00 50941 57 .00 "ll ALTER 01H1_Ir, 00 CO^-1PLIT`R Ri?(;6�' 1,1 ,I" G Sf �: 01 -4 Ui -301 800 . 00 P199ti 800 .00 j .,CITY TPEASU:<F-BUSI HESS OFFI C, 08 ;=tAII`J CHC; TFr�PliVG1_ X. PRI!"201-4201-229 �ST;iT 6A5.3.4 5095 685. 34 t ATASCADERO PAGE NO. 6 MAND/WARRANT REGISTER NO. DATE 05/15/81 PAYEE WARRANT CHECK )CHER U. DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNTCHG'D INV,NO. AMOUNT NO. AMOUNT CITY OF SAN LUIS ORISPO 00 "MEDICAL PAYMENT MAY 01-2160-003 5/31 4856.86 P1994 4856.86 * ELLIOTT 0 STEPHENSOol OA PLAN CHECKING SERVICE 01-4110-224 0504.31 397.31 5096 397.31 * E L SAURET INC 08 HULK G1SOLW 01-4202-219 37296 647 .23 5097 607.23 * DONALD J SYLVIA 00 VOID CK 9P1962 DID NOT GCOl-4202-206 P1962 191 .241-P1962 191 .24 .* SANTA MARIA TIRE CO 08 TIRE MOUNT & DISMOUNT & 905-4001 -224 58283 20 .50 1111 WHEEL SNITCH 05-4402-224 58426 1 .50 soge 22.00 * SENIOR CITI"/_EN 'S UNITED► INN 08 TRANSPORTATION 01 -4301-257 4/81 100 .00 509q 100.00 * v Iii lug :('- 08 MOTOR & SA MET 01-4202-302 24300 197„ 12 5100 197 . 12 * 00 V6h- CK 14556 `LOST 01-4202-302 4556 197 , 12-4556 , 197 . 12 -* SI:RCHIE FINGERPRINT B I t 4I��lT Lt,�, 03 NINHYDR& SPRAY 01-4201-210 15714 32. 88 5101 32. 88 * I TELEGRAM-TRIBUKE 08 STREET OVFPLAY-SID-AD 5/001-4102-247 69.60 5102 89.60 * H S POST OFFICE 01 P05Ta.GE r9.P VITTER 01-410?-PC4 240 .00 0 ATASCACERO PAGE NO. 7 DEMAND/WARRANT REGISTER NO. 81 -112 DATE 05/15 PAYEE WARRANT CHECK 'HER DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNTCHG'D INV.NO, AMOUNT NO. AMOUNT 31 POSTAGE FOR �'E_TER 01-4110-204 160.00 P1986 400.00 is VIKING FREIGHT -8 FREIGHT DIAZIT VA.CHINE 01 -4401-204 706436 35.45 5103 35.45 WESTERN OFFICE PRODUCTS INC 08 STOCK 800,14 SUPPLIES 01 -4102-212 20202 40. 15 38 STOCK RO';) -' SUPPLIES 01-4106-212 20202 15.06 J9 STOCK R00t, SUPPLIES 01-4106-212 !20202 12.55 9 STCC> ROOM, SUPPLIES 01-4110-212 2020E 35. 13 9 STUCK ROOM SUPPLIES 01-4201-212 20202 95. 36 9 STOCK ROOM SUPPLIES 01-4202-212 2020 10. 04 i9 STOCK ROC" SUPPLIES 01-4401-212 20202 40. 15 -R FOWNITAIN PEN & INK 01-4401-212 19022 2.35 )8 FOLDERS, FILE & PORTFOLIC01-4401-212 119641 37 .59 )8 ROLODEX & PENDAFLEX FRAME01-4401-212 19832 61 .91 )Q STOCI ROOG-f SUPPLIES 01-4404-212 20,202 2.50 5104 352.79 GARY +.FII r x Tt E 0 )0 ADVA'"10E FGR CSTI SCHOOL 01-4202-236 051061 77.00 P1987 77.00 CURTIS INDUSTRIES )a FREIGHT & TAX INV 195126 01-4202-204 195126 27 .67 5105 27.67 * )0 BAIL - IMICHAEL FRANK TID001-3400-030 116966 40.00 P1992 40.00 * PICHAKD MARTII`"EZ )0 CATFRER LEAGUE OF CAL CITO1 -3400-020 134 1340 .00 P1997 1340 .00 * SEVE,' SEAS TPAVEL )0 REFUND ,ALF DEPOSIT - VE�Ali;7-1110 -22 210.00 P1996 210.00 GEORGE S -NOLTY R ASSOC i5 r1AP RFPRODUCTI13?l 01-4401-210 lo 1 ,31 51 .00. 5106 £1 .00 ATASCAnFRp PAGE NO. F VIAND/WARRANT REGISTER NO. DATE 05/15/81 PAYEE CHER WARRANT CHECK DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT i i R I T T E N 22044.87 ! PREPAID 15227 .34 ACCRUED .00 TOTAL 37272.21 RECAP BY FUND PRE-PAID WRITTEN FU'JD 01 15373.80 21210 .81 Fuf'D 05 3£ 1 . 48 834.06 FLI;;D 07 210.00 .00 I I I I I • ISI ATASCSIDEM.) PAGE NO. 1 DEMAND/WARRANT REGISTER NO. �1-113 DATE PAYEE WARRANT CHECK LCHER DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNT CHG'D INV,NO. AMOUNT NO. AMOUNT ATASC.A E RO . EES X15 40 NOTICE 910 wI',45f COV j01-410002-P47 F424 6.2/1 ,15 AP PUB NEAR REV SHA IrG X11-4102-217 ,F351 8. 40 '15 40 PUB HEAR COUNCIL CAnCP01-4102-217 p35 6.24 !15 Ar 00 HEAP LITTLE I01-4110-047 x532 12. 72 115 1D P06 HEAR YOUNG 01-4110-247 ba31 13.66 '15 AD r U HKI< ANDERSON 01-4110-247 '=V30 14 . 38 - 15 40 Ph& NEbq MORRIS 01-4110-247 i 433 14 .88 5178 77 .04 4TASCACE:P0 STATIONEYS >15 CLE4v A AQJ TYPETRITER 01-4202-215 9063 49.50 517- 49.50 j ATA,SCADEP°O FORD ,1'S POLICE CAR CEASE 6/81 01-4201-224 i5/81 2969.62 5160 2989.62 3~ RTAS MUTUAL NATER CO +16 AATER 19-7000 01 -4202-212 051381 61 . 39 )15 NATER 16-1000 01-4202-232 1651381 40 . 00 06 ,TATER 2. 355000 01 -4404-23P U50181 101 .95 ) 15 IATEG H-42200) 01-4404-23? 0151451 101 .95 115 oATER 17-45000 01-4404-2 2051481 44.76 )IF NATER 1-316000 01 -4404—R3250581 50581 343.71 )16 ,� AIE 2— i450�0 01—�1ct05-232 X050481 4.00 116 SATE? 0-34,000 01-4405-232 090061 116.40 5131 834.66 I ATI SUPPLY 316 SPRINKLER PARTS 01-4404-210 10310 13. 47 5162 13.47 RTAS FFPSPAL CIQEnIT UNION ,25 CREDIT UqTu i DEPOSIT 5/2601-2150-005 052081 396.50 P2010 896.50 � I �ATASCAD O PULICE ASIOCIAT01 125 P OLICT Assoc PuEs 9/20 In1—a160-1) 1I)520,51 90 .00 P2012 90 . 00 I 15 TRRE 1 J... IWG AOS; 01-131 (t2—ut102-224 i13607 1 1495.00 .5183 1495.00 i i ATASC a,DERO2 PAGE NO. WAND/WARRANT REGISTER NO. 81 -113 DATE 05/29/81 PAYEE WARRANT CHECK HER DETAIL OF DEMANDS PRESENTED WRITTEN 0. DESCRIPTION ACCOUNT CHG'D INV NO., AMOUNT NO. AMOUNT JILL AUISFERGFj 0 CONTNACT INSTPUCTOR-AUSQE07-410a-224 5/81 511 .58 P2024 511 .58 * UNCRLFT-MMEY CO . 6 DEERING ANNOTITED CODE 01-0202-234 703554 78, 16 5154 78. 16 * RANK OF ANERTCA 12 TINE DEPOSIT 01-1010-020 200000.00 Z4 TTAE; DEPOSIT 01-2510-000 2G000��.0+�-P2001. .00 * SAND I BARTE LT '6 RET":`? EXP SCHOOL 01-4201-206 CLEARS 33.42 P2019 33.42 SA60LIPF 70-060-065-2 5/01 -4201-?i ° 24.50 . 7 GASOLINE 702-060-065-2 05-4401 -224 051531 73. 53 5185 93.03 COMM T!RAOSIT SERVS, INC 6 F,ilS SVC 4/27-5/ 1 05-4401-224 2372 1434.86 6 us SV'C. 5/r!-5/3 OS-4401-224 2373 1241 .29 6 Us SVC 5/ 11.-5/15 05-MJ -224 - 1262.80 518E 3935.95 CITY-CO FFD CREDIT U^.II` N 15 CREDIT UAGN DEPOSIT 052061 31 . 25 P2011 31 .25 6 3AL 617MIT PAYROLL 5/20 01-2160-005 t1520j1 31 .25 P2021 31 .25 CRY 5TAL 3PP19GS MATER CC 6 GOTTi_ 0 xATE0 4/0 -5/91 �01 -4162-210 T-1. 00 35. 16 .6 POTTLFO � ATEV u/61 -5/0 01 -1196-21G T-1011 35. 17 6 MTTL55 AATEP 4/01 -5/61 pl-4166-210 T-100 35. 17 6 39TTLFC PATER 4/41 -5/ul 01-4110-210 T-100 35. 17 6 ROTTLED "ATEi01-4201-210 f-100 35. 17 A TASCADERI) PAGE NO. 3 DEMAND/WARRANT REGISTER NO. 51 -M DATE 05/29 PAYEE WARRANTCHECK CHER DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNTCHG'D INV-NO. AMOUNT NO. AMICUNT 16 YOTTLFIQ ATFR 4/al-4/.Al I v1-4401-216 T-100 35. 17 5137 211 .03 I i .ALIT STATE FIR PEN 'S ASSOC 17 DUES 19f, I � I-`�OLTD� 01-4202-107 ( 9. Ot) 51 $81 9,00 I j ALIF SOCIETY OF MUNICIPAL 25 REG LEGISLATI`.rr SEM 01-4102-206 20 . 00 iP2014I 20.00 *' •CGPr ;)ATA 17 2 CASES CrPY PAPEP 01-4P.02-212 .-022 76. 70 518PI 76.70 t I i ALIFCRPTA A830CIATION OF 17 REGSTR-ELLICTT 6-7-8-9-1001-4202-235 50.00 5190 50.00 FEDERAL SAVINGS 42 TIME DEPOSIT 01- 1016-020 100000, 00 2? ME OE.P031T 01-2510-000 100000 . 00-P2002 ; PI FRANK CANDI?:ALF 25 ADvaNCO SCHOOL .5/27-5/29 01-4201-236 . 475. 00 'P2016{ 475. 00 DAILY PRESS 17 !`.ID NOTTCF. RID ST CVFRLAY 01-4100-247 42. 75 17 AD CU8TODTAN 5/ 1 -7 /4 11 -4102-246 15/12 16 .90 17 AD AGG IPSP & RLC ON 01-4102-243 012281 42. 40 5191 104.05 BAY-T TrERS 17 mAILI `;G L.AaLES 01-4106-212 3153-0 34. 37 51921 34.37 * I OAPCY PRT'NTING CO. 17 VOUITAER CHECKS 01 -4102-222 101 .-`_ 332.21 5193; 382.21 * QAT=1P,RINT CURD 17 ,,LIJEi_InE P:YI'nT PAPSP S I�01 -4uo1-210 ;11539 51 . 35 15190 51 .35 * i I I ' � I ATASCADFR71 � PAGE NO. &AND/WARRANT REGISTER NO. BI-113 DATE 05/29/81 PAYEE WARRANT CHECK HER DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNTCHG'D INV.NO. AMOUNT NO. AMOUNT STEVE [), V�:-NCF�uZT ,•jRITER Q1— ' 110-224 8TI-iT 700.70 P2.004 700.70 EL CAiiliili i3L)ILDI',IG SUPPLY 7 MIXFR is TOPPI?•)G 01-4409-217 16452 20.99 7 BLAf) �t DPY vALL TA01-4405-217 16435 17 . 01 5195 35.00 EL CAPIN10. CAF +;ASP S 4 CAr i"ASHEC 01-41102-217 4/30 15.80 5195 15.80 VER't•)ON ELLI )TT 7 FXPE;'.!SE Ar)VAPdCE 6/7-8k-9-1 01-4201:2—?<h 164.94 5197 164.94 r_ Xai'!DER GRAtJ 3� CO CWIIPHTEt SVCS 5/� l 01.-4301 -239 06079 571.50 519E 578.50 ,L:r,:FRAL ELECTRIC CO p• RADIO NATTNRIEJ 01 —x201-242 77621C 143.40 �?ADIJ CHARGER 01-4202-305 177621C 434.60 RAuIO L ATTL:RIES U1 -1141;2-21 � 77S21G 37 . 10 5199 620. 10 GENERAL TFLCOr;; i R PROGRESS PAYI, cI,+T #2 01 -4405-301 !3920 4707 .: 6 5200 4707 .36 * HALPRI`l SUPPLY Cf) ( 'iFT tiATEr) 01 - 121)?-222 19624 138.97 5201 138.97 * ,E LETT :'AC!; ARI� GE�i 'L SYSTE OUPS 19LQl 200.00 P2007 200 .00 LIT �L t. TY A,.a :�. a� � .Ir I I A - F T ,_,,r E"WL.JYEF/E.'-PLOYE!� �FLaT�s7101 -41 06-P3u 26710 109. 00 i I I i ATASCA71 EPO PAGE NO: 5 DEMAND WARRANTREGISTERNO. 31-113 DATE 05/29/ PAYEE WARRANT CHECK ;HER DETAIL OF DEMANDS PRESENTED WRITTEN 0. DESCRIPTION ACCOUNT CH&D INV.NO. AMOUNT NO. AMOUNT F '•tA� A�F Ef:T '1.ATF_r<IALS 01-4106-234 IISC 3 ).75 52^2 148.75 . VELY',, I" GRAM COI,,TPACT 84,00 52031 84 .00 * J/;O PCT FtOCJ t R, L�S f�EiO ':FAT 01 -4404-210 .2333 349,80 5204 349,80 Hr RS JOE '3 CO3'JT}-'ACT Ir!ST?UCTIOR—JUE 07-4108-224 ;APRIL 87 .50 P2006 87 .50 * E4C)L!E OF CALIFORNIA CITIES PEI.; C010F ON RFUEVELOPMENT01-4110-205 75.00 P2022 75,00 8 PAi Kll"G LIOT kE-,IT JUt�JE 01-4301-c54 6/S1 5i�0. 00 5e05 500. L,A . I .F . 2 I_aIF ,^;IT;-ir)?A4L3 01-1010-010 105000 .00- 2 LA !F ::ITHl')PA`"LS 01-1010-010 220000,00- 2 LAIF i,4IT00�AaLS 01-2510-000 105000 .00 2 LAIF 'ATHQRA •.LS 0l-2510-000 220000. 00 00000 .00 2 LAIF F;.EPOS ITS 01-1010-010 55000 .00 -2 LAIF IOEPnSITS Oi-25if-000 55000 .00-P19,9_ 41 .00 2 LAIF nEDC15TTS 120000 . 00 ? LAIF ^EPi-)IT : 120000 . 00-P1999 .00 I LAIF r}EP.- TITS 011-irilo-010 60000 .CO LAlr . FPGSITS X01-2510-000 60000 .00-020181 .00 j CITY LF L`4, P 0 C LrJCC � PJNFP (G) 101-3L'00-020 050881 55.00 52061 55.00 I ATASCADE90 PAGE NO. 6 lllkMAND/WARRANT REGISTER NO. 61-113 DATE 05/29/0 PAYEE ;CHER WA ECK DETAIL OF DEMANDS PRESENTED WRITTEN V0. DESCRIPTION ACCOUNT CHAD INV.NO, AMOUNT NO. AMOUNT i MARJORIE E •1ACKEY 26 „EE95 EX° SCAPMENTO 5/11-01-4101-206 206. 50 F2020 206.60 Win-STATE RANK 20 LOAN PAYMFNT 9USES 6/81 05-4401-224 6/81 1107 .32 19 LOA" PAYMENT VATS 6/81 05-4401 -224 6/ai 350.97 5207 1458.29 j 'MTD-STAT- BANK cA TIME DEPOSIT MATURED 0I 101 0 020 2QQC00 . 0( - 24 TI AE DEPOSIT MATUPE.D 01-2510-000 20000 + .0c ,OOOG.O .OQ 25 RETURN OVERPAYVENT INTERE01-3400-010 126.10 P2006 126.30 I i FED i/H TAX 5/20 01-2160-001 1052001 6701 .4? P2013 6701 .42 MISSION MEN SUPPLY 1`? LUST rOP 01 -4!02-211 1303A 1 .75 18 DUST MOP 01-4?02-211 4310A 1 .75 18 SHOP TOWELS 01-4202-215 1110A 4.50 1 Q COMPALS 01-002-242 1300 4.71 & COIE:RALS Oi-4202-002 (13104 4.93 19 MSN TOWEL6 01 -4202-250 13103 3.53 520E 21 . 17 M061L OIL. CRr_OT T CORP 20 GAS 8?3-930-756- 1 01-4110-219 5/81 54.26 20 GAS V3-P30-750- 1 01-4201 -219 5/61 7 .89 20 VAS 483-930-755- 1 01-4401-219 X5/81 44. 35 20 GA OPS-930-756- 1 Q5-4401 -224 S6 1 1451 .96 5209 1556.45 � i I T Y OF NU FLAY 19 IAEFUnO LOCC r:' I° ER V )-n20 u5usal 11 .00 19 !=IRE Com Amo cnuRsF ELLJOTW4%5t)2-235 15-4/8 110. 00 5210 121 .00 I j N RIIRO`• K TNDUSTRAL PQODQ 1c TAPF < DISD NSEP r1 "P02-222 432227' 49.42 5211 49 .42 I ATASCAnEn) PAGE NO. 7 DEMAND/WARRANT REGISTER NO. 81 - 113 DATE 05/29 PAYEE WARRANT CHECK ;HER DETAIL OF DEMANDS PRESENTED WRITTEN 0. DESCRIPTION ACCOUNTCHG'D INV.NO, AMOUNT NO. AMOUNT I i io 015YSITTEV S HAND900K 01 -4202-209 '40003 39, 55 5212 39,55 CITY OF OJAI ! Q REFUND LOCC DINNER ( 1 ) 01-3400-020 050161 11 . 00 5213 11 .00 i CITY OF OXNARD � 19 REFUND LOCC DINNER (4) 01 -3u00-020 '050881 2. 00 e9 R'EFO ,D LOCC DIONER (4) 01-4101-206 1050561 42. 00 5214 44,00 PACIFIC GAS k ELECTRIC ?0 ELEC JSR47-2502-8 4/9-5/01-4201-229 16,03 20 ELEC HMA-10601 -4 4/8-5/01-4202-227 122.04 '0 ELEC r 61837-56401-1 4/6-5/01-4402-20 213.72 ?t EL&C HiRM-04406-9 4/3-5/01-4404-227 1 . 75 21 CLEC H3RV-00202-7 4/8-5/01-4405-227 582.62 ?1 EL-C w?P3A-00602'3 4/8-5/401-4405-227 286.27 ?1 ELEC G R61-15351 -2 4/7-5/05-4402-227 I 175. 04 5215 1399.47 PACIFIC TELEPHONE ?i PHONE 236-451-5031-077-H 01-4201-223 050761. 15.00 ? 1 PrONE_ 230-451-0032-141-0 01-4201-228 15.00 '_1 PHO"IE 213-451-0033-201-N 01-4201-226 050751 15.00 ?1 PHONE ?36-451-A034-176-0 01 -4201 -228 1050761 15.00 21 PHONIE 403-096-5022-213-N 01-4202-228 105190 27 . 10 ?1 Pi-iOA 220-154-4963-554—W 01 -4202-223 051111 13.50 '1 PHOM 226-154-4220-333-N 01-4?02-228 C51131 13.50 �1 PHOKE 220-154-5659-300-6 01-U004-225 051161 13.50 ?1 PHl1KE 20-451-51 ?!-630-5 05-4401-224 050781 15.00 5216 1142,60 CITY Or PASO nOKES 19 REFUND LOCO CI aNER (5) 01-41011-206 1150:361 36. 16 5217 36. 1H i i PHOTO C NTFR n f r' .IV� .F t,_N�i r4,!,1r_CTCiR ?ULN 411-4110-21C 20 .72 7 5 20 .72 l . r_ C.t.>� I I AT.aSCyOc 'il PAGE NO. S • OS/ 4/81 MAND/WARRANT REGISTER NO. F 1 --113 DATE PAYEE WARRANT CHECK CHER 10. DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT H 0 P_TEh SO;,.a 0 35 GAL BOAC OTL 01 -4412-217 03256 53.83 :0 STREET 86EEPER. RENTAL 01-4602-217 7766 220 .00 5219 278.83 * 4NN PRIEST 26 CONTRACT INSTRUCTOR—PRIES07-4108-221 X5/81 i169.68 P2023 1169.68 * I KAT'lI E PREM �n 2 6US 1ASHES 5/23 05-4401-22.6 7721 20.00 5220 20.00 * PROFESSIOWAL AUTOMOTIVE PAI' ?0 BALANCE 00 INV 6142 01-4202-215 16142 4.52 5221 4.52 RICK NELSON AGE ICY EMPL 'r_',05D & TPEASURER B0401-4300-230 STHT 563.54 P2009 563.54 RED STAB? INO SERV 72 TOWELS A MOPS 01 -4405-211 7?6665 20 .30 21 TOnELS & MOPS 01 -4405-211 X602332 21 . 10 5222 41 . 40 * ROTO—ROOTER 8 RVTCE. =1 CLEAN FLOOR CRAIN 01-4404-216 237 23, 00 5223 Z 23.00 * CITY SOF SA" LUIS, URISPO I? REFOND LOCC �J9QER ( 1 ) 01-4101 -206 050:381 11 . 00 5224 11 .00 * SA4TA PAULA , CITY OF I9 4EFUnD LOCO 9I9KER (2) 01-6111-206 �0'3OM 22.00 5225 22. 00 * SbPF_R I iTEQPENT 5F DOCUMENTS 12 FED ti C;EST IC 'ASST CATALi GOI-41 r_6-234 20. 00 5226 20 . 00 i AT4SCAO ZO PAGE NO. 9 DEMAND/WARRANT REGISTER NO. 81 -113 DATE 05/29/0 PAYEE WARRANT CHECK HER DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNT CH&D INV.NO, AMOUNT NO. AMOUNT SO CA GAS CO 2 GAS 07-4478-076-3201-5 4/01 -23C —4�i202 57 .39 2 '_AS (17-497 -3-q72-7502- 1 y/0� 1- �`�u5-?30 567961 2 _7 5 2 6�?3.66 Gd � I SAI"! LUIS ORISPO CO ENGINEER FAaRICATE 3113r�S 05-4402-224 155.3/4 522- 155.34 i I SEVE NI GASOLI"E ? GAbGLT 'E Q01 -514-1270 4/ 101-4201-21G 151. .61 2 GAjOLI`,iE 901-514-1270 5/ 101 -4201-219 59.33 5229 210.94 � CITY G►= SANTA MARIA REFI)?4G� LOCC DI,�NEP (2) 01 -41. 01-206 105G8a,1 22.00 5230 22.00 S.—A:—,TA DAR ?ARA SAVI-\!GS TI'F'F- DEPOSIT 01-1010-020 100000 .00 TIFF- DEPOSIT 01-2510-000 110111 .11 'P2003 KFi,: SPAiN',I 5 4,0V.tNCF SCHO�IL 5/26-5/31 01-4201-236 155. 00 P2017I 155.00 E37r_Rp4 OFFICE PPODIUCTS Il�,C 2 STOE CHAIRS 01-4401 -310 20239 228.24 5231 228.20 +.tl)PPAY L !AROEi'd CA!� HI_LO:!A!`;CE JU .F ul -/4102-201 6/81 150 .00 523 . 150.00 2 I G111i ^5.A ,,E' SVC ;,,Gy !01 -440;?-P31 i5/S1 142. 00 2 ! G A k AGc SVC AY 01 -IJU092.31 5/x'1 411 . 50 523 162.50 i 235. 00 52341 235 .00 I � i AT.:�yC q;)CRn PAGE NO. 10 WMAND/WARRANT REGISTER NO. F1 -113 DATE Q5/29/81 PAYEE WARRANT CHECK JCHER DETAIL OF DEMANDS PRESENTED WRITTEN 'J 0. DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT :ARJLA'r' t=IRE cQUIPmr_;.•IT 23 NKSF CCUPLIj`gGS 01 -4202-222 i?1p0 95.37 5235 95.37 CR JOHN S YCC:u'', TR, PSV, ^, 23 VET SE-gVICES 7/24/:91-3/8101 -4404-224 STI•iT 562.32 52716 562.32 ATASCAnER0 QEAII:, Y VACUUM C 15 1=Af< FO-P, KIr�PY VACIjtJ", 01-4?02-216 25313 11 .=3' 5237 11 .86 ALL AU11) GLASS 1.7 REPLACEIIi:('iSHIFLi) 01-4202-215 02886 179.53 5235 179.83 * DAVIS PODY SHOP 1 ikECC<F RADIAT;. < 01-4202-215 11.221 780 .37 5239 780.37 * 20 CO .PUTER y%IRE n CC"+TI OL C01-4301-301 17416 406.55 5240 406.55 * P4UL "EEf-'S, S;? ?2 gEFiJ"h Pi:PFO ji s,iEEM!c01-3500-090 553? 250.00 5241 250.00 * ��tUCE CaSTn�., 25 7 G tiL PA II,T 01-4405-:3Q I 28.00 P2015 28.00 * 999 PAYROLL 05/06/81 32 ,377 . 96 851- 4020 32 , 377 . 96 999 PAYROLL 05/20/81 32 ,346 . 95 998- 5067 32 , 346 . 95 i I ATASCADER0 PAGE NO. 1 1 DEMAND/WARRANT REGISTER NO. 61 -113 DATE PAYEE WARRANT CHECK CHER NO. DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNTCHG'D INV.NO. AMOUNT NO. AMOUNT ARITTEN 87330 .93 PEPAID 76828 . 15. ACCRUED .00 TOTAL 104159 . 087 RECAP BY FUND I PRE-PAID NINITTEN FUND 01 75059.-39 18463. 82 FUND 02 .00 1495.00 FUND 05 .00 7288. 11 FU"D 07 1768.76 84.00 I I I PAID LISTING *MY 1, 1981 TO MAY 31, 190 Mid-State Bank Deposit to L.A.I .F. P1984 55 , 000 . 00 Mid-State Bank Deposit to L.A. I .F. P1999 120, 000 . 00• Bank of America Time Deposit P2001 200 ,000. 00 Century Federal Time Deposit P2002 100,000. 00 Santa Barbara Savings Time Deposit P2003 100 , 000. 00 Mid-State Bank Time Deposit P2018 100 ,000. 00 TOTAL $635 ,000 . 00 I 0 THE LAw OFFICES OF � GEORGE B. O'NEILL O'NEILL & O'NEILL r�} 3 DANIEL J. G'NEIyy 1014 PALM STREETS SAN Luis OBISPO, CALIFORNIA 9,9401 (805)543-7095 March 20, 1981 City Administrator 6500 Palma Avenue Atascadero, CA 93422 To the City of Atascadero: Mr. & Mrs. William W. Tidwell hereby make a claim against the City of Atascadero for the sum of $10, 855 and make the follow- ing statements in support of the claim: 1. Claimant's address is 625 Tucker Avenue, Paso Robles, California 93446. 2. Notices concerning the claim should be sent to O'Neill & O'Neill, Attorneys at Law, 1014 Palm Street, San Luis Obispo, California 93401. 3. The date and place of the occurrance giving rise to this claim are November 30, 1980, at the Atascadero Lake, in Atascadero, California. 4. The circumstances giving rise to this claim are as follows : At the above time and place, David R. Tidwell, a child, - was walking along a wall bounding the wading pool when, due to the dangerous condition of the wall, he fell upon the pump housing below. The pump housing itself was in a' dangerous condition in that it was directly beneath a route frequently traveled by children and other members of the general public and further, that a large, sharp metal bar extended directly up from the housing, as did several other smaller jagged pieces of metal. Claimant's child fell directly upon said metal bar and ragged metal bolts. There were no warning signs in the area, nor warnings given, nor barriers erected, although City employees were presumably aware, or should have been aware, of said dangerous condition. 5. Claimant's injuries are as follows: A) Medical expenses of over $350 with undetermined future expenses for rehabilitation and possible plastic surgery. B) Loss of one day's work by Claimant, Mr. Tidwell, an employee of the California Youth Authority, and anticipated loss of future wages if further surgery is required. C) General damages. 6. The names of the public employees responsible for the Claimant's injuries are unknown. 7. My claim as of the date of this claim is $10,855. 8 . The basis of the computation of the above amount is as follows: Medical expenses incurred to date: $ 355.00 Estimated future medical expenses: 5, 000.00 Loss of wages and • estimated future loss: 500.00 General damages : 5,000. 00 TOTAL: $10, 855. 00 Dated:.. Claimant x Claimant_f -2- THE LAW OFFICES OF GEORGE B. O'NEILL O'NEILL & O NEILL ' 1 DANIEL J. O'NEUL 1014 PALM STREET t SAN Luis OBISPO CALIFORNIA 93401 (805)543-7695 I March 20 , 1981 r City Administrator 6500 Palma Avenue Atascadero, CA 93422 To the City of Atascadero: Mr. & Mrs. William Tidwell, on behalf of their child David R. Tidwell, hereby make a claim against the City of Atascadero for the sum of $20, 000, and make the following statements in support of the claim: 1. Claimant' s address is 625 Tucker Avenue, Paso Robles, California 93446. 2. Notices concerning the claim should be sent to O'Neill & O'Neill, Attorneys at Law, 1014 Palm Street, San Luis Obispo, California 93401. 3. The date and place of the occurrance giving rise to this claim are November 30, 1980, at the Atascadero Lake, in Atascadero, California. 4. The circumstances giving rise to this claim are as follows: At the above time and place, David R. Tidwell, a child, was walking along a wall bounding the wading pool when, due to the dangerous condition of the wall, he fell upon the pump housing below. The pump housing itself was in a dangerous condition in that it was directly beneath a route frequently traveled by children and other members of the general public and further, that a large, sharp metal bar extended directly up from the housing, as did several other smaller jagged pieces of metal. David fell directly upon said metal bar and ragged metal bolts. There were no warning signs in the area, nor warnings given, nor barriers erected, although City employees were presumably aware of, or should have been aware of, said dangerous condition. 5.. Claimant's injuries are as follows : a) 3/4" scar on the left side of the child's face; b) 1 1/2" - 2" scar on the child's left breast area; c) 4" scar under the child's left arm; d) Substantial pain and suffering as a result of the injuries; e) Trauma suffered by the child such that he is unable to speak about the accident to this date. 6. The names of the public employees responsible for the Claimant's injuries are unknown. 7. The claim as of this date is $20, 000. 8. The basis of the computation is as follows: General Damages: Pain and suffering: $ 5, 000.00 Trauma/emotional harm: 5, 000 .00 Disfigurement: 10,000. 00 TOTAL: $20, 000.00 Dated: ,Ie4U Ifry Mr. William Tidwell Mrs. Willianl/Tidwell Parents, on behalf of Claimant i -2- (SPACE BELOW FOR FILR 1 ROBERT M. PEPPER ATTORNEY AT LAW 2 SUITE 708,CROCKER BANK BUILDING a 4075 MAIN STREET RIVERSIDE,CALIFORNIA 92501 3 PHONE(714)781-7370 - - -- 4 5 Attorneys for Claimant 6 7 8 ,CLAIM AGAINST THE CITY OF ATASCADERO POLICE DEPARTMENT 9 10 TO: CITY CLERK OF ATASCADERO POLICE DEPARTMENT P. O . Box 747 11 Atascadero , CA 12 Comes now claimant, JIM ERVIN GILLISPIE, 'JR. , and makes a 13 claim against the City of Atascadero Police Department in the 14 amount of $50, 000. 00. 15 Please send all notices to Robert M. Pepper,erAttorneyat Law, ' , 16 4075 Main Street, Suite 744, Riverside, California 92501. 17 This claim is based on personal injuries sustained by the 18 claimant on and after November 11, 1980, as a 'direct and proximate 19 result of the claimant being falsely arrested and falsely imprisons 20 and defamed at the directed of agents , servants and employees of 21 the City of Atascadero Police Department. 22 In particular, an agent , servant and employee of the City of 23 Atascadero Police Department , believed to be Officer T. -Jaramille, 24 caused an arrest warrant to be issued for the 'arrest of the 25 claimant based on information that this officer knew or should 26 have known was not reliable , not accurate and, if he did, perform • 27 his acts negligently and carelessle , he would expose the claimant 28 to danger and, in fact, did, as the claimant was arrested and held in jail . i 1 Also, the Citv of Atascadero and/or the City of Atascadero 2 Police Department knew or should have known that the acts and/or 3 ommissions of their agents , servants and employees , if not performe 4 � in a careful , professional and safe manner, would expose those like 5 the claimant and, in particular, the plaintiff to danger and the 6 � likelihood of sustaining personal injuries . 7 Claimant alleges that any or all of the acts and/or ommissions 8 1by the City of Atascadero and/or the City of Atascadero Police 9 Department , their agents , servants or employees , as set forth 10 herein constituted a reasonably foreseeable risk of injury to 11 claimant and further that the acts and/or ommissions set f_orther_ 12 herein did proximately cause the injuries and losses sustained by 13 claimant, including but not limited to general damages , loss of 14 earnings , medical care , emotional trauma, which injuries and losses 15 were substantial in nature. This claim is not to be construed as 16 limiting or excluding any other theories of liability, legal or 17 factual , which may become known to the claimant upon discovery 18 conducted during the course of investigation or litigation. 19 The public employees responsible for the injuries and losses 201sustained by the claimant are unknown except as previously set 21 forth herein. 22 \ 23 ROBERT M. PEPPER, f torney or 24 Claimant . 25 26 27 28 -2- I 1 DECLARATION OF ROBERT M. PEPPER 2 I, ROBERT M. PEPPER, declare : 3 I am an attorney at law duly licensed to practice law before 4 all courts of this State and I am attorney for the claimant herein. 5 The attached Exhibits are true and correct copies of the 6 documents they purport to be . 7 Prior to the expiration of the 100 days . in this matter, I 8 reviewed a police report brough to me by the claimant. This report 9 is attached hereto as Exhibit "A This report clearly indicates 10 that this is a report by the San Luis Obispo Police Department. A 11 claim was filed within the 100 days with both the City of San Luis 12 Opispo and the City of San Luis Obispo Police Department. 13 Subsequent to the filing of this claim, a letter was receive 14 from the City of San Luis Obispo stating that this matter should be • 15 prusued with the City of Atascadero . See Exhibit "B" and "C 11 . 16 The claimant had no notice that this matter was handled by 17 the City of Atascadero. 18 Therefore, this petition to allow a late claim must be 19 granted. 20 I declare the foregoing is true and correct , under penalty 21 of perjury. 22 Executed this -1-7 day of � s� 1981 at Riverside , 23 California. 24 25 -� r R BERT M. PEPPER, Forney at 26 Law. • 27 28 •' (VERIFICATION — 446, 2015.5_. P.) 1 STATE OF CALIFORNIA, COUNTY OF 2 1 ant the 3 ' 4 in the above entitled action or proceeding: 1 have read the foregoing 5 6 and know the contents thereof;and 1 certify that the same is true of my own knowledge,except as to those matters which are therein 7 slated upon nuc information or belief, and as to those matters I believe it to be true. 8 9 10 Executed on at California . ( ate) (place) 11 1 declare, under penalty of perjury, that the foregoing is true and correct. 12 13 Signature 14 PROOF OF SERVICE BY MAIL (1013a, 2015.5 C. C. P.) • 15 STATE OF CALIFORNIA, COUNTY OF RIVERSIDE 16 1 am a resident of the county aforesaid:1 am over the age of eighteen years and not a party to the within entitled action:my business address is: 17 4075 Main Street , Riverside California 18 on March 19 81 , 1 served the within Application for Leave to Present 19 La C ha=ION OF__ llffo f Claimant and Claim Against the City of Atascadero P.D. T M. PEPPER 20 on the Party to the Action in said action,by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid,in the United States mail 21 at Riverside, California addressed as follows: 22 CITY OF ATASCADERO POLICE DEPARTMM, P.O. Box 747, Atasca.dero, CA 23 24 25 26 27 Executed on March ! 7 1981 at Riverside California (date) (place) • 28 1 declare. under penally,of perjury, that the foregoing is true and correct. Signature 1 f J M E-M 0 R A--N D, U M TO: Murray Warden FROM: Larry McPherson SUBJECT: Bid No. 81-05 - Emergency Generator It is recommended that the bid by Generator Equipment Co. 3409 West Jefferson Blvd, L.A. 90018 , in the amount of $4,326 . 92 , be accepted for the purchase of a natural gas powered emergency generator with automatic transfer switch. This generator will power the dispatch center and telephone system during power outages. The only other bid received was by San Luis Powerhouse in the amount of $5 ,111. 32. Funds for this equipment are in the following budgeted accounts: Police Department 01-4201-305 $4 ,000.. 00 Building Maint. 01-4405-301 326 ..92 TOTAL $4 , 326 .. 92 LAWRENCE McPHERSON LM:vh 5-21-81 y / zV 7 M E M O R A N D U M TO: Murray Warden FROM: Larry McPherson SUBJECT: Street Overlay Project 1981 - Bid No. 81-06 Recommendation: It is recommended that City Council accept the low bid for the subject project submitted by M.J. Hermreck, 600 Hill Street, Nipomo, in .the amount of $135 ,300. Background: The funds for this project are available in account #02-4402-224 - Contracted Services (Gas Tax) with the balance comming from account #05-4402-224 - Contracted Services (SB 3250 . The attached bid spread sheet shows the results of the bids received. LAWRENCE McPHERSON f �-{{� LM:vh 6-2-81 z 1.1 �-d cn cn cn cn �j cr) p 0:1 O En P. rt rt- (D td O �l �j Ifi >v a cn t-I r� .—. C'D z Ox ON• d m r- fl —• n. o (D n N H- ; (D Fl no � F1 (D p- N. p- t� O cD m a a ul Cr Ul C1ftf t- N 7C ' (D K cn N ri ho o n O I rn rt 00 O N C7 • CD O Cn O " n rfi O C tz `o o� C 7TH c1 (rteKd N 1f ;;a m Oh -< r-t YT1 ~ N rt r-t III �• n ♦D VI F W P Ul A Ul r-t C -5 Ul 00 N 00 00 Q (D O W A Ql N �] H CD O 00 lTI O 01 SL (7 O Ul O O P 'S r-t n i'D C� CD tj CD O fi (D N Cn o w cn C) �,� uA c a .+• F_ wo w � < cn c F_ CD z P) p n cD CL o LQ n -s �r n F - (D F' _ F N rt i--+ a' (D sr' fi In 00 I✓ (n N I O p � I � 00 N d CD N Cf) C� O ho r-t C C tr1 C) C C/) C/> > C� v Aa rt '-'• DC7 rt v M \ r-t C) CD N F-+ U1 W Q �l co r- c "S N O In �. m N CD �] p SL c) S C r-t C7 'D :-D C CD C -h CD N � • Areas of Work 1. Dolores - San Anselmo to Traffic Way 116 ,160 sq ft' 2. Arena - San Anselmo - Southeasterly 11,660 3. Rosario - Bajada to Traffic Way 58 ,080 4. San Jacinto - Traffic Way to Arizona 21 ,000 5. Mountain View - 1050 ' Southerly of Portola to Santa Rosa 31 ,680 6. Marchant Way - Santa Rosa to Pismo 7. San Anselmo - 500 ' East of El Camino Real to Del Rio Road 104 ,544 TOTAL 387 ,476 sq. ft. �I 4 ' M E M O R A N D U M TO: Murray Warden FROM: Larry McPherson SUBJECT: Grounds Maintenance Bid No. 81-07 Recommendation: It is recommended that City Council award the grounds maintenance contract to Moore ' s Yard Maintenance, 7050 Graves Creek Road, Atascadero, CA. Bids received are as follows : Moore' s Yard Maintenance $33,600. 00 Mr. Richard Whittington 70 ,000. 00 Background: This contract is a continuation of the nresent' arounds maintenance contract as approved at the City Council meeting of April 27, 1981. Half of the funds for this contract will be available in the 1981-82 budget with the remaining half in the 1982-83 budget. AWRE"dCE MCPHERSON LM:vh 6-3-81 ` y� f M E M O R A N D U M TO: Murray Warden FROM: Larry McPherson SUBJECT: Construction of Vida & Navidad - Bid No. 81-08 Recommendation: It is recommended that City Council award the subject bid to C. Sanchez & Sons , 1230 Mission Drive , Solvang, CA in the amount of $2 ,700. Background: Funds for this project are in account #05-4402-224 - Con- tracted Services (SB 325) . The attached spread sheet shows the result of the bids re- ceived. /J�AWRENCE McPHERSON �d ,• LM:vh 6-2-81 1 g J71 G) cn n � O b N. • P� n G O � C 0 - O y td C N C co Z p w n tt i C1 n M (D c) r ~ ' n O ct I~ N -� N tr k< N F, x m u, 00 O O N 110 o 1 00 0 d CD N C) O r-t 0 C f O C/) ;:a mr� C T� z ` O C/) > n e � ;;o rn iN r-t r-t CD Ln Ol ? N r-t `7 O -I Ln N Ln O co O Ul O O CD (7 � rt C-) CD a 1) z c a 0 M E M O R A N D U M TO: Murray Warden FROM: Larry McPherson SUBJECT: Windowcovering Bid No. 81-09 Recommendation: It is recommended that City Council award the contract .for windowcoverings for the Administration Building to the low bidder, The Window Affair, 399 Main Street, Templeton, CA. Bids received are as follows : Becker' s Draperies $4 ,392. 94 Bay Osos Window Coverings 3,763. 97 • Lawless Window Fashions 3,723 . 79 The Window Affair 2 ,413. 62 Background: Funds for this purchase are available in account #01-4405-301 - Administration Building Renovation. RENCE McPHERSON LM:vh 6-3-81 9 • M_E M_O_R A_N_D_UM_: TO: CITY MANAGER June 3 , 1981 FROM: PLANNING DIRECTOR SUBJECT: EXCEPTION TO FINAL PARCEL MAP CO 74-185 LOCATION: Valle Avenue & Pinal Road (Lot 2 , Life Residence Park) APPLICANT: James and Franki Hazard REQUEST: To grant exception to Parcel Map conditions requiring "sewage disposal shall be by connection to the commu- nity sewers" On May 4 , 1981 the Planning Commission conducted a public hearing on the subject matter and, with Commissioners Moore and Sherer dissenting, adopted Findings 1-4 and approved a new Tentative Parcel Map AT 801110 :1 , which merged Parcels 3 and 4 if not served by sewers, subject to Conditions 1-14 as set forth in the attached Staff Report. In addition, the Commission unani- mously approved an exception to the sewer connection requirement for Parcels 1 and 2 on Pinal because of their remoteness from existing sewer lines , allowing the applicant a second alternative if he did not desire to merge the Valle lots . There was considerable discussion among the Commission on this matter and subjects raised included the results of percolation tests and design of septic systems on the two Valle lots, cost of sewer line extension, soils conditions in the area, probable building sites on the various lots and proximity of the sewer. It was the consensus of the Commission that adequate private sewage systems were appropriate on the Pinal lots but not on the Valle lots because of limited area for complying systems and building sites on the lots . This resulted in merging the Valle lots with a new parcel map unless the sewer was extended. James Hazard, the applicant, spoke in opposition to merging the Valle lots since they were already in escrow and since the perco- lation tests showed the sites to be adequate for private systems . He also commented on the cost of extending the sewer line . Bob Williams , engineer with Central Coast Labs, spoke at length on private sewage system methods and designs. He stated that an engineered septic system could be placed on the' sites in com- pliance with established regulations. Page Two • re: Exception to Final Parcel Map CO 74-185 (Hazard) June 3, 1981 Eric Michaelson, agent for an owner in escrow on the property, spoke in favor of the sewer exception request. Herb LaPrade also spoke in favor of the request. No one else appeared on the matter. LAWRENCE STEVENS MURRAY L WARDEN Planning Director City Manager • /Ps l ro- `- � CITY OF ATASCADERO 13�� r �� 179 Planning Department May 4 , 1981 �AT�S�EIZO STAFF REPORT SUBJECT: Final Parcel Map CO 74-185 LOCATION- Valle Avenue and Pinal Road (Lot 2, Life Residence Park) APPLICANT: James and Franki Hazard REQUEST: To grant exception to parcel map condition requiring "sewage disposal shall be by connection to the community sewers BACKGROUND 1. Existing Zoning: R-A 2. General Plan: Moderate Density Single Family Residential 3. Environmental Determination: The Planning Director has deter- mined this application as presented to be categorically exempt. 4 . Project Description: The applicant proposes to eliminate a parcel map condition requiring the parcels created to connect to the community sewer system. The reason stated for the request is the high cost to connect these parcels to the sewer system. The applicant proposes to allow future devel- opment to install private on-site sewage disposal systems . 5. Site Conditions : The site is basically steep with a few building site areas which are in the range of 5% - 20% slopes . No development currently exists on any of the subject parcels. Two of the lots (Parcels 1 and 2) have frontage on Pinal and Mercedes while the other two lots (Parcels 3 and 4) have frontage on Valle. The proposed access to Parcels 1 and 2 is from Mercedes rather than Pinal. STAFF COMMENTS This application was first presented at the Subdivision Review Board meeting on December 18, 1980 . After discussing the matter, the Planning Director tabled the application in order to enable the applicant time to obtain more information. Upon receipt of the registered information, the item was rescheduled. Page Two Staff Report: Final Parcel Map CO 74-185 (Hazard) May 4, 19 81 On Thursday, April 2, 1981 the Subdivision Review Board met to review this application. In attendance at that meeting were: James Hazard, applicant; Larry Stevens, Planning Director; Mary Beatie, Associate Planner; John Kennaly, Assistant Civil Engineer; Michelle Reynolds, Engineering Aide; Don Sylvia; Fire Chief; and Elaine Oglesby, Planning Commissioner. The following items of concern were discussed: 1) Prepare and file a new final map. 2) Fire retardant roofs are required. _ 3) Conditions as stipulated by Cal Trans be placed on Final Map. 4) Percolation tests will be valid only if the on-site wastewater disposal systems are located in the same area as the test lo- cation 5) The applicant/property owner shall agree to connect to the sewer in the future should it become more readily available. . 6) All other requirements established by the County for Parcel Map CO 74-185 shall still apply and be complied with prior to recordation of the revised parcel map. 7) The Parcel Map shall be limited in scope to the portions of Parcels 1, 2, 3, and 4 east of the State owned right-of-way for Highway 41, however, all of the State owned right-of-way front- ing on these parcels shall be shown on the Final Map. 8) The Planning Department has determined the portions of Lot 3 and 4 west of the State owned right-of-way were created in a legally conforming manner. Separate building sites, if provision is made for on-site private wastewater disposal systems , do not apparently exist on Parcels 3 and 4 . Physical constraints include: 1) Ground slope shall not exceed 300 2) Setback requirements for septic system from dwellings , prop- erty lines, etc. 3) Large land requirement per system (approximately 3000 square feet including 100% expansion area} . 4) Refusal bedrock encountered at eight feet on Parcel 4 . 5) Relatively small available building site area necessitating systems to be in close proximity. Private sewage disposal Page Five Staff Report: Final Parcel Map CO 74-185 (Hazard) May 4 , 1981 9. The drainage swale on the property is to be delineated on the Parcel Map. 10 . A Note listing the name and address of the consulting firm where the soils report may be obtained shall appear on the Final Map. 11. All pipelines and other easements of record shall be shown on the Final Map. A letter shall be submitted from each company indicating the nature and extent of any building restrictions . A Note so stating such restrictions shall appear on the Final Map. 12 . The property owner shall enter into an agreement with the City to waive his right to object to future assessment districts, or similar joint participation efforts, should they be formed to improve roads fronting the subject property or to extend community sewers to the property. Said agreement shall run with the land and remain in effect for a period not to exceed three years. 13 . A Final Parcel Map in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordi- nance prior to recordation. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation. b. A final title policy (CTLA or ATLA shall be submitted for P Y ) review in conjunction with the processing of the Final Map. 14 . Approval of this Tentative Parcel Map shall expire one year from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expi- ration date. ACTION The Planning Commission should by motion direct Staff as deemed appropriate . TO APPROVE: Motion to adopt findings and set conditions. TO DENY: Motion sett ' n s for denial. REPORT PREPARED BY: JO K NNA Y, As tant Civil Engineer REPORT APPROVED BY: a l ljb� LAW NCE STEVENS , Planning Director /r)S 21 y �. Sg S33 < J � \.. P 30-4 . p p ^•. v 39 7y 7B /: 1 61, 30-C 32 54U N, 36 }1 _ _ / B} / •. •' 328 ss 20 3 34 o 9 3 3,e / I // 3y Q 21 M-1 / 36 3S IrJ .v ///` 67 `\.• /' 36 Q� 10 0 18 2 �_.. 23 20 /SG- ;6 o / 36 Q 4 > 16 24 s Par A �• / 3 T3 15 25 � / e s o o3 >S e0 �d 32 46 76 9 1 J2 0 ' 9 0 q9 sp 32 31 3223 y 2e P\ 10 39 33 ` CEM 30 s P s3 4 5 29 sr,, S 36 l/ 7 28 h / M1 /; `.7D 49 2 /2 Q / v �� 0 39 50 I !2 � y LQ 23 y\o rte., o;.o rr`` L-•� 1 •�. ^ 6. '\•\. � •piny / /?4 \ �• 't`•'l' 2 � - ' ,Y '�\�• �/ $6-\. 5 i PAS 1 2`1 / 9. of PRO- -9.4 RO- --- `• p4' - 4 �i �� YC+5ED A\ 61 -sem }z! A _ n �3oz•v - Page Five Staff Report: Final Parcel Map CO 74-185 (Hazard) May 4 , 1981 9. The drainage swale on the property is to be delineated on the Parcel Map. 10. A Note listing the name and address of the consulting firm where the soils report may be obtained shall appear on the Final Map. 11. All pipelines and other easements of record shall be shown on the Final Map. A letter shall be submitted from each company indicating the nature and extent of any building restrictions . A Note so stating such restrictions shall appear on the Final Map. 12. The property owner shall enter into an agreement with the City to waive his right to object to future assessment districts, or similar joint participation efforts, should they be formed to improve roads fronting the subject property or to extend community sewers to the property. Said agreement shall run with the land and remain in effect for a period not to exceed three years. • 13 . A Final Parcel Map in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordi- nance prior to recordation. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation. b. A final title policy (CTLA or ATLA) shall be submitted for review in conjunction with the processing of the Final Map. 14 . Approval of this Tentative Parcel Map shall expire one year from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expi- ration date. ACTION The Planning Commission should by motion direct Staff as deemed appropriate . TO APPROVE: Motion to adopt findings and set conditions. TO DENY: Motion sett ' n s for denial. REPORT PREPARED BY: - JO K NNA Y, As tant Civil Engineer REPORT APPROVED BY: LAW NCE STEVENS , Planning Director LTJ s Page Five Staff Report: Final Parcel Map CO 74-185 (Hazard) May 4 , 1981 9. The drainage swale on the property is to be delineated on the Parcel Map. 10 . A Note listing the name and address of the consulting firm where the soils report may be obtained shall appear on the Final Map. 11. All pipelines and other easements of record shall be shown on the Final Map. A letter shall be submitted from each company indicating the nature and extent of any building restrictions . A Note so stating such restrictions shall appear on the Final Map. 12. The property owner shall enter into an agreement with the City to waive his right to object to future assessment districts, or similar joint participation efforts, should they be formed to improve roads fronting the subject property or to extend community sewers to the property. Said agreement shall run with the land and remain in effect for a period not to exceed three years. • 13 . A Final Parcel Map in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordi- nance prior to recordation. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation. b. A final title policy (CTLA or ATLA) shall be submitted for review in conjunction with the processing of the Final Map. 14 . Approval of this Tentative Parcel Map shall expire one year from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expi- ration date. ACTION The Planning Commission should by motion direct Staff as deemed appropriate . TO APPROVE: Motion to adopt findings and set conditions. TO DENY: Motion sett n s for denial. • REPORT PREPARED BY: JOK NNA Y, As ' tant Civil Engineer REPORT APPROVED BY: LLQ LAWRVNCE STEVENS , Planning Director /n S z I 12 48 SJ P •7j /. 6 ,/fro err , S ti• 30 75 b• 1y«o.ra II 29 308 ✓� o- 1 �/ BO /: _ _ 30-0 �2 � ••� JT � •�3 B2 ` �• /'�.� / 36 34 e6 ! ' 20 39 21 •I �6�8L / / Q 15-1 5 y. 69 2 f�` /g as 3 �+ I i \� I ;3 36 �P 4p 70 19 E3 14 _ 3 �0 32 J0 ••ah ! �� /t jT �� q/ I '6 472 Ir /'`. �\ 1 Is$b� 4 SGS - 'gt,. 2g� • - 2/ Gq 9 /O '• �\ � I � 3' 4G YG 9 � - 3 q9 So 39 d 1 CEM Z 3 1 30 1 S S3 SG g S \\/I/ 45 29 2 \ 6r., SS dG 6" -�c -- S4 - o ? ) 6) - 8- 1 7 28 $ 49 2 a9 50 / 12 /p n / LQ i v 3 ti f \ 2 / t y \a 3 a3 /p S 7 cvF Pao- HiGt1�' Y we 2 _ c074-65 62 / //"•• \ �` a-321 61 \\V•% �—73' A is 21 flo a- R R 6 g 0 89R co -10 QD � iu • /fir� W yoj /K7 CZ 7. Laj uq k, `vspy - nP r /ry CC 1 . LZL �n Q „�✓ �'. �� � �\�R ��� fl'•mNQ' u --�y1 X10 v 4 _ _ — — —_ i �; aid^�_ �� \� W �il l VQ ��'_ �•, / y b„'�, yi W�� IIS�J?� l• �/ ,`�N III �� ���,� '/•. :1 M E M O R A N D U M TO: CITY MANAGER June 2, 1981 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE TRACT MAP AT 810227 :1 LOCATION: 9550 and 9552 E1 Parque (Lot 18, Block JC) APPLICANT: Edward and Judy Young REQUEST: To allow a two unit air-space condominium conversion On June 1, 1981 the Planning Commission conducted a public hearing on the subject matter and, with .Commissioner Oglesby dissenting, adopted Findings 1 and 2 and approved the condominium conversion subject to Conditions 1-5 as set forth in the attached Staff Report. There was some discussion among the Commission concerning the appropriateness of a condominium conversion for detached resi • dences and the related differences in the CC&Rs. It was the consensus that this was the only way to allow separate sale of the legally established units because of General Plan lot sizes. Judy Young, applicant, appeared giving a brief history of the project and its zoning and indicating concurrence with the recommendation. Mrs. Dow, resident on nearby Avenal, inquired about the density. Doug Lewis commented on the benefits of owner-occupied housing. No one else appeared on the matter. Tenants were sent copies of hearing notices and Staff Reports as required by the Subdivision Map Act. LAWRENCE STEVENS Planning Director • ^-- �� CITY OF ATASCADERO A �ir,� ur I hr. G Planning Department 1981 c-�1918 4 E979 g p June 1 r j STAFF REPORT SUBJECT: Tentative Tract Map AT 810227 :1 LOCATION: 9552 and 9550 El Parque (Lot 18 , Block JC) APPLICANT: Edward and Judy Young (Poler) REQUEST: To allow a two unit air-space condominium conversion BACKGROUND 1. Existing Zoning: R-A 2. General Plan: Moderate Density Single Family Residential 3 . Environmental Determination: The Planning Director has deter- mined the project to be a Class 1 Categorical Exemption according to the provisions of C.E.Q.A. • 4 . Site Conditions : The site is presently developed with two detached single family dwellings with typical residential type landscaping. Access to the front unit is via El Parque, access to the rear unit is by a private driveway. City sewer and water are available. There are no curb, gutter or sidewalk along the property frontage. 5. Project Description: The applicant proposes to subdivide two two existing detached single family dwellings into air-space condominiums. At this point in time the applicant has made no indication that he plans to offer any incentive packages to existing tenants in an effort to enable them to purchase their units. STAFF COMMENTS On Thursday, May 7, 1981 the Subdivision Review Board met with Mr. Poler, the applicants ' representative, to discuss the project. Also attending the meeting were: Larry Stevens, Planning Director; Mary Beatie, Associate Planner; John Kennaly, Assistant Civil Engineer; _Don Sylvia, Fire Chief; and Michael Sherer, Planning Commissioner. The following items were discussed at that meeting : • Page Two re: Tentative Tract Map AT 810227 :1 June 1, 1981 1) Are there any new tenants since application was made? Submit names of any new tenants since January and verification that they have been notified of intent to convert units to condo- miniums per Subdivision Map Act regulations 2) CC&Rs will be required, prior to recordation of Final Map. 3) Possible road improvements. The applicant has satisfied the notification to tenant requirements of the 1981 Subdivision Map Act. FINDINGS 1. The application as presented is exempt from the requirements of C.E.Q.A. 2 . The application as submitted conforms to the applicable zoning and subdivision regulations and is consistent with the 1980 Atascadero General Plan. • RECOMMENDATION Based upon the above findings, the Planning Department recommends approval of Tentative Tract Map AT 810227 :1 subject to the following conditions : 1. The applicant shall establish Covenants , Conditions, and Restrictions (CC&Rs) for the regulation of land use, control of nuisances and architectural control of all buildings and facilities. a. These CC&Rs shall be submitted for review and approval by the City Attorney and the Planning Department prior to approval of the Final Map. b. These CC&Rs shall be administered by a Condominium Home- owner 's Association. 2 . The applicant shall comply with the following sections of the 1981 Subdivision Map Act: a. Section 66427 .1 (c) provision for 180 day written notice of intention to convert prior to termination of tenancy. b. Section 66427 .1 (d) right to purchase unit for 90 days at same or more favorable terms , C. Section 66452. 8 notice to new tenants that units are being converted. Page Three re: Tentative Tract Map AT 810227 :1 June 1, 1981 3 . That all conditions of approval herein specified are to be complied with prior to the filing of the Final Map. 4 . Approval of this Tentative Tract Map shall expire 18 months from the date of this approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 5. A Final Map in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation, unless certification is received that corners are already monumented. b. A Final'nitle Policy (CLIA or ALTA) shall be submitted for review in conjunction with the processing of the Final Map. • ACTION The Planning Commission should by motion direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and set conditions . TO DENY: Motion setting findings for denial, REPORT PREPARED BY: MARY E BEATIE Associa e Planner REPORT APPROVED BY: ��aot�zAe*� LAWRENCE STEVENS Planning Director /ps 1:�. =a .� �♦ `� � ;�����,'` ., • �iy� �� �:�`�civ ZME NO lown PAR in mom is _ _® 'fir.a►off rif r —MM FAM Wwow- WMW ma MOM- ISO �,. ,,� ,ii�,c� tom•• ., "1,1. �� h ' • ' ` • .G� s r� � � � ® � gyp`, •• ' � i FAIM 2 17 7 �6 9 47. o•' l0 3g 8 6 9 33 2 532�� 130 9. O 18 34 8 2 V4123 V4 '• p 6 2q •sp Psae 10 �L)5&:I 21. 2T S 9 A.1 39 2 3 ?8 g= 8 X55 �, 40 30 ? I3 \ 4 36 3 a / \ F 147 6 6 29 39 3� > ?e B 5-A W'FILL 6 2S q9 3 46 50 2 9• 2 s a � 1074 51 !� 47 46 3 0 .z �, L43 aO S SO 44 45 53 �\ 49 V 19 46 45 OS� 6.0 46 �A (�G SIT s3 S9 6'I' 90 1� C`� vb J s4 ITS S) 6 �CP . 6� 89 9 .� Pmt / S6 6 e P;1114 l J R— 16 66 �o A 17 ' Pio �� 197 � 19 m� 18 6� e 3 1,5 � • 15-A . e A) oil z10 A) m ATS/D--L97.1 - H- it lk 44 t ,Ll74W 7 rssts 4 }� i�. ; y1•Hrn• ..sroat bI�awr�•N M � _', p � � �� sriivo•.•sarcvii•µr•� � Q lip M,af sN-7 s k,�s•h..i� �..q` w q �$ _ w,' r 'n'.S � fi�'�"ex. � :it±s- '�t+� �, vs" �°�Y vs tn .':. � � .� �� � x �`< � Eu mx'�h d '��'r� �°C,'si'-�'. `s�i�'iy` a�J��,ek.��-�`��`#aS. ..++'��`'�id4'4� -2�` �• jF 'g�,�"'} '�i!#� } `-+' t.q�, 'S ,. i r M E M O R A N D U M - - - ._ .. — — — — - - TO: CITY MANAGER June 3 , 1981 FROM: PLANNING DIRECTOR SUBJECT: LOT LINE ADJUSTMENT LA 810414 :1 LOCATION: 7720 Cristobal and 7605 & 7655 Tecorida (Lots 4 , 34 , 34A, Block OB) APPLICANT: Marcel E. Texeira REQUEST: To adjust existing lot line to solve encroachment problem. On June 1, 1981 the Planning Commission considered this matter and, with Commissioner Lilley dissenting, adopted Findings 1-2 and approved the adjustment subject to Conditions 1-6 as set forth in the attached Staff Report with the addition of the following to Condition #1 : "b. The remaining portions of Lots 34 and 34A, after the • westerly adjustment of the rear property line of Lot 4, shall be merged to become one lot. The matter was scheduled for the Consent Calendar but was removed for discussion concerning the size of the Tecorida frontage lots . It was the consensus of the Commission that the encroachment prob- lem with the existing residence should be resolved;, but that the Tecorida lots should be merged to maintain a size similar to other lots in the area and to the original size of the subject lots . There was also discussion concerning road improvements and sewer . connection requirements, Mrs. Texeira, the applicant, appeared and pointed out that the existing residence was inadvertently constructed on the property lines. She indicated no objection to merging Lots 34 and 34A. Mrs . Sharon Winslow, a neighboring property owner,` appeared and commented about the need to improve Tecorida and to require new residences to connect to the sewer. /eu_4�� LAWRENCE STEVENS MUPAYWARDEN Planning Director Ci y M nager • /Ps CITY OF ATASCADERO �vF iC' f PlanningDepartment June 1 1981 191R' C. 1979; p STAFF REPORT SUBJECT Lot Line Adjustment LA 810414 :1 LOCATION: 7720 Cristobal and 7605 & 7655 Tecorida (Lots 4 , 34 and 34A, Block OB) APPLICANT: Marcel E. Texeira REQUEST: To adjust existing lot line to solve encroachment problem BACKGROUND 1. Existing Zoning: R-1-B-2-D 2 . General Plan: Moderate Density Single Family 3. Environmental Determination: The Planning Director has • determined the application as presented to be a Class 5 (a) Categorical Exemption. 4 . Site Conditions: The subject property is currently developed with a single family dwelling, landscaping, and a driveway which loops around the house providing access off Cristobal. Approximately one half of the house sits on Lot 4 , the other half is on Lots 34 & 34A. Similarly, the back half of the driveway-loop encroaches on Lots 34 and 34A. The house is generally located at the crest of a small knoll, with the remaining property sloping moderately toward Cristobal and somewhat more steeply sloping, toward Tecorida. The undev- eloped portions of Lot 34 and 34A are densely vegetated with a variety of trees and brush. City water is available and City sewer is available within 200 feet of Lot 34 in Tecorida. 5 . Project Description: The applicant proposes to adjust the property line between Lots 4 , 34 , and 34A to eliminate the encroachment of both house and driveway. The proposed change would move the existing line running north-south to the west a distance of approximately 66 . 85 feet. Lot 34 would be re- duced from 22,600 sq. ft. to 13 ,100 sq. ft. Lot 34A would be reduced from 20 ,885 sq. ft. to 12 ,500 sq. ft. Lot 4 would- be increased from 43 ,511 sq. ft. to about 56 ,806 sq. ft. a Page Two re : Lot Line Adjustment LA 810414 :1 (Texeira) June 1, 1981 STAFF COMMENTS On Thursday, April 2 , 1981 the Subdivision Review Board met to review this request with the applicant. Also attending the meeting were : Don Sylvia, Fire Chief; Larry Stevens, Planning Director; Mary Beatie, Associate Planner; John Kennaly, Assis- tant Civil Engineer; Michele Reynolds, Engineering Aide; and Michael Sherer, Planning Commissioner. The following items were discussed at the meeting: 1) Access to Lots 34 and 34A shall be from Tecorida. 2) Require connection to sewer, 3) Lots 34 and 34A not in moratorium. 4) General Plan consistency not necessary. -FINDINGS 1. The application as submitted has been determined to be Cate- gorically Exempt from the requirements of CEQA as defined by Class 5 (a) . 2 . The application as presented conforms with the applicable zoning regulations. RECOMMENDATION Based upon the above findings, the Planning Department recommends approval of Lot Line Adjustment LA 810414 :1 subject to the follow- ing conditions: 1. The approval of this lot line adjustment as shown on the attachment provided herein shall be submitted in a Final Map format to be approved by the Planning Department prior to recordation by the County Recorder' s Office. a. The adjusted lot line shall provide for a minimum rear yard of ten (10) feet from the existing residence. 2 . Any tree removal or site grading necessary for the development of the lots shall be subject to Planning Department approval prior to issuance of a building permit. This requirement • shall appear as a note on the Final Map. Page Three re: Lot Line Adjustment LA 810414 :1 (Texeira) June 1, 1981 3 . Sewage disposal shall be by connection to the community sewer and a Note so stating shall appear on the Final Map. This shall be a requirement made in conjunction with building permit application. 4 . Verification shall be submitted to the Planning Department that the existing residence is connected to the public sewer. If not connected, the residence shall connect prior to recordation of the Final Map. 5 . The proposed lot corners shall be surveyed and monuments set at the new property corners. 6 . Approval of this Lot Line Adjustment shall expire one year from the date of final approval unless a time extension has been granted pursuant to a written request prior to the expiration date REPORT PREPARED BY: �• )C./.QG�hW MARY EU BEATIE Associate Planner REPORT APPROVED BY i6l�� LAWRENCE STEVENS Planning Director /Ps • 44 3P' 27 t0 \ psis ' S 9 43 F ��• �,��� r �; 7J F' 7 i/i 8 29 :41 0 30 4ci TA UA 2 .31 3334 35 36( Ogg I y7 Z 32 37, _ •'�7S'070//� p�,h j c S2 35 �e4 20 2\ 2 ` \9 \84Q /� • 22 \ 2 i'Y A ' f b It� 4 �fi •L 24 � 16 ' 6 2 � - 3-, 24 15 g 14 1 , /3 25 14 26 13 /9 T' 12 :2 ! 7 2 8 ► 1$ A2 27 12 # s to a`, 2 is II 29 ® B 29 10 3 9 9 23 ,� � e � Zj- _ 21 ,q 3o 9 3 24 8 i -- � `FILL ? 33 01 F i 6 22 va X12 24 l (532) c 3 i S • ?6 ILL 6 a . j 24 r. N �C \ •6 7jo7zo:' 36 36-A jP-2213 2 / -57 / l ~ �� r �� ► ^_� CA ZOA)I t)G MAP ' P-200 -7720 Gr-��tobaG 55 � ! � Ei ,R" : �.• -0 54 r R !4A/ 0414:/ '������Vis'� � .. • _ •t • SO iP i ► • � � � YOB • -�-�=- ,, ,, '��' �` � fit• �•�•. �t►..�r_+ �� mss• ��. 1 z t loo 14 .14 CL iao K--/oo. y� -_lop AV� - _T�,�VT1.�TiyE /l�Lkl� 7700 G-1.56v6a( &7S 4, 34 a q l3/cam o,8 . M_E_M_O_R_A,N�D,U M�: TO: CITY MANAGER June 3 , 1981 FROM: PLANNING DIRECTOR SUBJECT: LOT LINE ADJUSTMENT LA 810316 :1 LOCATION: 8808 Arcade (Lots 22 & 23 , Block 4, Eaglet #1) APPLICANT: Rayetta Williams (Zinn) REQUEST: To adjust existing lot line to solve encroachment problem On May 18 , 1981 the Planning Commission considered this matter unanimously adopting Findings 1-2 and approving the adjustment subject to Conditions 1-6 as set forth in the attached Staff Report. The matter was considered on the Consent Calendar and there was no discussion. • No one appeared on the matter. LAWRENCE STEVENS MU#RAY /L. WARDEN Planning Director City M nager • /ps CITY OF ATASCADERO r, ,;„� Planning Department May 18, 1981 191!3'9 C. "i G11979 \ D � STAFF REPORT SUBJECT: Lot Line Adjustment LA 810316: 1 LOCATION: 8808 Arcade (Lots 22 and 23, Block 4, Eaglet No. l) APPLICANT: Rayetta Williams (Zinn) REQUEST: To adjust existing lot line to solve encroachment problems. BACKGROUND 1. Existing Zoning: R-1-B-2-D. 2. General Plan: High Density Single Family Residential. 3. Environmental Determination: The Planning Director has determined the application as presented to be a Class 5 (a) Categorical Exemption. 4. Site Conditions The subject property is basically flat, Parcel A is currently developed with a single family residence . Access to this parcel is via a paved driveway off Cascada. Parcel B is currently vacant; vegetation consists of natural grasses. Access to this parcel would be from Cascada. Presently both parcels, which are approximately 7700 sq, ft, each, are inconsistent with the minimum lot size established in the 1980 Atascadero General Plan and the zoning ordinance; 5. Project Description: The applicant proposes to adjust the property line between Lots 22 and 23 in Block 4 . The proposed change would move the existing line running Northwest-Southeast and divide the property Northeast-Southwest creating parcels of approximately 6900 sq. ft. and 8550 sq . ft. The primary reasons stated is to alleviate an existing paved driveway encroachment problem and to facilitate development of the other lot, STAFF COMMENTS On Thursday, April 2, 1981 the Subdivision Review Board met to review this request with the applicant. Also attending the • meeting were : Don Sylvia, Fire Chief; Larry Stevens, Planning Director; Mary Beatie, Associate Planner; John Kennaly, Assistant Civil Engineer; Michele Reynolds, Engineering Aide; and, Elaine Oglesby, Planning Commissioner. Page Two • Lot Line Adjustment LA 810316 :1 May 18, 1981 The following items were discussed at the meeting: 1 . If the existing residence is served by sewers. 2. Location of existing lot line in relation to both roads and house. 3 . The proposed property lines be surveyed and monuments set at the new property corners. 4. The lot line adjustment be submitted in a Final Map format in lieu of certificates of compliance. 5. Lot line adjustments are exempt from requirements of the Cali- fornia Environmental Quality Act. FINDINGS 1. The application as submitted has been determined to be Cate- gorically Exempt from the requirements of CEQA as defined by Class 5 (a) . 2. The application as presented conforms with the applicable zoning regulations . RECOMMENDATION Based upon the above findings, the Planning Department recommends approval of LA 810316 :1 subject to the following conditions : 1. The approval of this lot line adjustment as shown on the attachment provided herein shall be submitted in a Final Map format to be approved by the Planning Department prior to recordation by the County Recorder 's Office. a. The adjusted lot line shall provide for a minimum side yard of five (5) feet from the existing carport. 2. Any tree removal or site grading necessary for the development of the lots shall be subject to Planning Department approval prior to issuance of a building permit. This requirement shall appear as a note on the Final Map. . 3 . The shed located on proposed Parcel B shall be removed prior to recordation of the Final Map. Page Three • Lot Line Adjustment LA 810316 :1 (Williams) May 18, 1981 4. Verification shall be submitted to the Planning Department that the existing residence is connected to the public sewer. If not connected, the residence shall connect prior to recorda- tion of the Final Map. 5. The proposed lot corners shall be surveyed and monuments set at the new property corners. 6. Approval of this Lot Line Adjustment shall expire one year from the date of final approval unless a -time extension has been granted pursuant to a written request prior to the expiration date. t / REPORT PREPARED BY: / j` JOHN KENNALY Assistant Civil Engineer REPORT APPROVED BY: GtihVL(� ZA%,� LAWRENCE STEVENS Planning Director /Ps { b w � 90 W V el (� W o r i o , -woE$ s7, • O � -w `� b 3 �, .. L Hl.Y YY pry� V • VN i y .. � t �Ozv�w N `• f Y �0�30" (/4� a y°. ! 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P$1\ Q0 `, 5-C to \ / �Al 39 i2 • J 1 38 7 ai `\ �P• ^ Rea 037 o 3 i 9R— t / 3/ / ?-� \•b 5051 -•`, 2g II, 28 g3�/ /VAR./ 31 : 129 3 Go- is F;X P-348 5,G A 34 30 ` 3 yo. 8p08 Arcade. alk, 41 s' M _M_E M 0 R A N D U M I TO: CITY MANAGER June '2 , 1981 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Parcel Map AT 80-57 LOCATION: 9100 Pino Solo (Lot 3 , A.D.S . Addition #1) APPLICANT: Loyd Sims (Baumberger) On January 12 , 1981 the City Council approved Tentative Parcel Map AT 80-57 allowing creation of two lots of one acre each subject to certain conditions and in concurrence with the recom- mendation of the Planning Commission. The zoning is R-A and the General Plan designation is Moderate Density Single Family Residential. Stuff review has determined that all conditions of approval have been met. On June 1, 1981 the Planning Commission reviewed the Final Map and recommended acceptance . LAWRENCE STEVENS MURRAUager WARDEN Planning Director CitJ /Ps _M_E M_O_R A_N_D_U M_: TO: PLANNING COMMISSION June 1, 1981 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Parcel Map AT 80-57 LOCATION: 9100 Pino Solo (Lot 3, A.D.S. Addition #1) APPLICANT: Loyd Sims (Baumberger) On January 12 , 1981 the City Council approved Tentative Parcel Map AT 80-57 allowing creation of two lots of one acre each subject to certain conditions and in ,concurrence with the recommendation of the Planning Commission. The zoning is R-A and the General Plan designation is Moderate Density Single Family Residential. Staff review has determined that all conditions of approval have been met. GGGI�/hP/1'YG�- LAWRENCE STEVENS Planning Director /Ps -rlllllt,,� LIVE FILE Convert I Access I St-)re THIS SHEET INDICATES THIS SECTION CONTAINS POOR QUALITY IMAGES ��� r,c ,r+J3_,� �� 44'�t aL a7� -�r•y. tit -x`_r �� �� $ �,''4 c?�-i�'yY�:4..* ,..� �'r'�j�+S�y��� 'Y�o�` :c:�r`R��'`�_. ���';"� ",,w.- .Ck_. � �7`/L:,.�����i�' �� • F * a V� ��� o S t i' d,•• u.,,: e"�u�.. -.- �,y i. `Z''�rf. 4�'c y#'�'•. � y:r � Vii• �3�r1• :.a �10•unrn.lai a(ey G� (� _'.�,,.`. �� �;4. ; N.. )w __ - T-- Noo•ot•o_o•E Dao oj. T •J3s y�. i __ N00•01'00 CC 200.001 If _- 169.90 1 Y. h y �'�S� y�S1 Nm•a m- Loam ) '(M) 00 1` - �a• 5. � ras x K - s Ea ! . �- p .R.'3 � L vl Mx 6I"�1� tl,. / y� P N •'1"}€i�•s . j"c+ F �-P3F2 99 -Y ai�' •j R vv : I „ (0 P1 _ o _ D y w.l 19; C'- dg 3•')� �' E`r� +� �f' rn } jC' 'L t Zt xe}-., • y` 'i#Y''. r /. 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' `fit fi,' !3'ltdr! ti;: '•� x,_ e000e•ee) 3�' r - - ` L°o oz•(M) r k PINO SOLOI AVENUE s'�t"rr ` frP.r.r '•:-,`',c�.«�";b ���� fix' R _ Q. j� -{ n P Iay 'h' PTe-�7i�'8�)g.3 - A w I• 'O) rn k ��slR{ a• d #v v.�.I�D .11K v > 1,1 Y�. 'v:,�'Yq im r•S Q `�£:Z%''�C�9¢ j., r.� � o'� �p �.e� 'K u; i t;? �N. > i.' 3 v F_' `.)� �+{c. f.3 ,'E -n3 26��� T'b ?�R14 • r, 'r a.ter. .' )• =?i+'4.i-u �. 'r"��r+ •a"�o) . g rn' 1``" f 1; _'s.$ yn �.} f f,# '} .,}€ ^g '.3ti ! .i`R _R;.3 •0}}32'gV �.aT' .yn 4'+., { .r +y%+3•Ca � :` -r+24.Faw t >v s.}>i tr- ""�;.. Q • ,r, ti 's+"• .. �)'h� r :. -�. '4 ', t t �' K ^"4 Yf" a'�.y;f.hl'tRdg -<•�•; -r•r� WN imp ssz w t , -'as x` � "+:`. g •:� ate`-?�Q - �-.')�� o. -�),dd :.t',��'�'a-�•+ y.. .r �.ta,3�m5,.XRS�S, � ac�J:fk� .c�._ r H•�=����>� ��•! s•� �_. t r�...<- afi 54 b..3�:siiS'�°.:, ••�TT�3;i... r�iwr�t;s���t���-�4T�.af'.,�.�'�t:3,"".t'+'�i•�i ''�t4S1a��'�i �"f����.'�,+f'._`�� �.r:.�✓�d ii! r:y�-�'_: r,'� � M E M O R A N D U M : a TO: ' CITY MANAGER June 2 , 1981 FROM: PLANNING DIRECTOR SUBJECT: A - C Acceptance of Parcel Map AT 79 077 LOCATION: 4205 Santa Cruz (Lot 13 of Block 49) APPLICANT Mr. and Mrs. Robert Hottenroth (Hilliard) On March 24 , 1980 the City Council approved Tentative Parcel Map AT 79-077 allowing creation of two parcels (2 . 5 acres each) sub- ject to certain conditions and in concurrence with'Ithe recommenda- tion of the Planning Commission. A time extensionwas granted on April 13 , 1981 . The zoning is A-1-22 and the General Plan designation is Suburban Single Family Residential. • Staff Review has determined that all conditions of , approval have been meta On May 18 , 1981 the Planning Commission reviewed the Final Map and recommended acceptance . la441U� of LAWRENCE STEVENS MUREAY L. WARDEN Planning Director City Man ger • _ /Ps 0 • M_E M_O_R A N_D U^M_: • TO: PLANNING COMMISSION May 18 , 1981 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Parcel Map AT 79-077 LOCATION: 4205 Santa Cruz (Lot 13 of Block 49) APPLICANT: Mr. and Mrs. Hottenroth (Hilliard) On March 24, 1980 the City Council approved tentative Parcel Map AT 79-077 allowing creation of two parcels (2. 5 acres each) sub- ject to certain conditions and in concurrence with the recommenda- tion of the Planning Commission, A time extension was granted on April 13, 1981. The zoning is A-1-22 and the General Plan designation is Suburban Single Family Residential. Staff Review has determined that all conditions of approval have been met. • LAWRENCA STEVENS Planni Y Director /Ps 01, h G i�rs' ,�iAo t c Na ,5-Z-4z kz � -, "F Y vi " .BAs/S OF .BE.4AE'/NGS Sze r5.�s 62��E s .C.EGENO q ,/ /S Nd6'/S00"E E�Eivc a :THE .�i/1/E ,pivl7iN� _ .Gars . .-- /.s ,S¢oy :,�or // As S..'Ot✓N .•=F�� T4s Na7Fo A = ON 3 h B 6G �P> 0=s,Er �18`.PE�4P LS 3776 Q \ ji:C 'S` SANTA a E 63?.S3'/. A x: /y�K'/9 S3 B•`� N 86%S a�E 6-'S8-SB'•e N pe Na.PES ii o ;e6c 4a E/�CrEvr� AGCEPT� /y2EPTBo Foe I\ FU2 B.G. s PROP- Goe f�`. .�0 AC- 7V AQEATO-1W A.eFA=z zB7 AC Ta orFE4 �_ 77777777 - -.. �ry 0�. ?`� 20/ACGESS E.ASEHGNY', •� �� 0 � � a �,��` d� i`- - ,�� 1 , z .3/027 D r : „iia, r rsr a , R- 3 _ w»t '�"�,'�.. ;�'� P.4♦ec♦E♦C. .B X42 h�___---_._-.-� � f ^ �� � - �1 APE4 Z cS9Z AC44 ,EL�S HE-.AS<AQEb OaSr - ` G F.0 OMT�. aw.o'1,H �S GL�'C 4G9v CN BAS/S Qr BR /PcosvoaoPNo s. r . �PCCdRO No TA< .f"o. Rfl1WOv 2N2 -- ;: � Sat; ,va.Peened M_E M—O_R_A N D_U M— TO: CITY MANAGER June 2 , 1981 FROM:. PLANNING DIRECTOR SUBJECT: Acceptance of Parcel Map AT 801203 : 1 LOCATION: 2100 Traffic Way (Lot 43 , Ptn. 42 of Block 21) APPLICANT: Levi Barrett (Stewart) On February 11, 1981 the City Council approved Tentative Parcel Map AT 801203 :1 allowing creation of three lots (4 , 6 , 2 . 5, and 2 . 5 acres) subject to certain conditions and in concurrence. with the recommendation of the Planning Commission. The zoning is A-1-21-2 and the General Plan designation is Suburban Single Family Residential. • Staff review has determined that all conditions of approval have been met. On May 18 , 1981 the Planning Commission reviewed the Final Map and recommended approval. latAe4� LAWRENCE STEVENS MrjRPY L WARDEN Planning Director City Man ger • /Ps M_E M_O,R A NTD U M—: TO: PLANNING COMMISSION May 18 , 1981 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Parcel Map AT 801203 :1 LOCATION: 2100 Traffic Way (Lot 43, Ptn. 42 of Block 21) APPLICANT: Levi Barrett (Stewart) On February 11, 1981 the City Council approved Tentative Parcel Map AT 801203: 1 allowing creation of three lots (4 .6 , 2 .5, and 2. 5 acres) subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is A-1-21, and the General Plan designation is Suburban Single Family Residential. Staff review has determined that all conditions of approval have been met. LAWRENCE TEVENS Planninct Virector /Ps • s ,��„`.wr' i w�+i'��..`-�e'�-'"E"'`�:��...iq� '§�.•*`�n+ :1.^-...�" _ -.:�r+leti�^C•`'p8 r.'--, .;.:.; s..r;�+,E. `cr '�`z'$+, �.E '�,��'k'.i.`..�.,: �=xi� '�.�,�"i" 'ERILTCAT/CW T�-tiil, EST 7b�`x• ��Af' TWELVE l/Z�PEET 1/'/TN AN (!rf/O�STR!/ClED E1PTlG91 �LE/7RA�Y!'E Gv� t,i9.V0 A LOG OF.4 wlL;B"wa � ` FOURTEEN H) fEET AT T/lE 7/ME"Gtr` AEI�ELOP�lEA'T GP Ei!!//irIRFEL * � � Z2E:S✓/Qr�1ITTfD 'YSSLv4.t�E'OP�A B!//LOJiYG'PFXa„yx zf r3+'/f/U TR4ER0E/SJY,ASiFrY'lAELSL• .:Nd"GRAOiiYG,,ShALL ldMg Mr Ea N!'Ea Jt!/ s T_r IIJAO? 1/PLOIB1- 7/O(C17Y E a !r¢TE- THET!D/1YE.v7/OrH9L �/L t , �,P%�R/ATE PE�/�1/T A'}'O �LJ'4NlE IY✓TiYPPI/1A.9LE !/TY O.P/J/3N 7Yz!fe, POYi9L QF A^V.S --OV AN OE'SIGNEp .8Y.9 �VEGISTE�PEO �, �. � ��� - �NG"'if'T/1� sY'szow .MORE PE# � ,tea N4 a` c' ` ' 4g gA'�a�%-- c Rog-, �Hf DR/YEWi1Y bl.S6►TFiY7 7P Pil?<EL vs - 2 a<^�y�ws. =t ;• x a a. "•-- P /rY/MUrV jV/0711 Awe c •' s � asF , TRAFF/C :WAY (FORMERLY^SANTA CRUZI 4 �: � .. EX,Sr, °P�£ LIR y :>.N53°26 W (Ra MJ //82Q3(M) 1/82./0(RJ .� «. a_. N - r a �'« '- _:►� n OF BEAR/NGS .._» r- ,:26783(M)_;267.85(R/ ` ; x a . R ;Ligi �` �.��'`"�—r JY X X �X � 22 96.(M)f(k -x" -zIF �'gr�r '°�,^ z"! • `';c'��i f.4 :.�' '--a�+c rr' ' - t ".- tg - ¢�� ' ACCEPTED FOR WT --�a-'+� �s�x�� �s°",r' -.rr.�..�.. '^�:vr s =.r4 `^„ _+•-�'� � r` ���g�a� 's ,.s r, ��a � � n._ gjjgg s1� -'� ', tz.: yY��r -:- `•wsi e-`�-"`*•w" �". - ?��4E174& 214 � - len fig. „ ayrsFT_"sS *� .,,K '"`�'t` _s.. h PARCEL �✓ y� ,._�► l �• s fhl9/./OtRCiiO _ s t� r o� a€ * d 29°3'73474, 44, RJQ zg e Ra/91.d71RJ P° aI, _:M PARCEL A .3 yE,. tea a N54°30`35 W' 29/ 4 63.4 5a ro (� FR . _ x '"s4 ro 1 °Gs� 4t z Q �u LOT L INE PERIRJ W �.. _ &'�S"•." L' ° �:�f"�' �. �:'."'�.+�K fi sre� � r,� � ��a4-�-� ��'r"���� !?ry ase- O x ,'A.�� -r-i-•'�W � �,}.3z`"4•cr�k"'�"" � s's-%r"�'k9'� �..� --�► �' Ya -s "�'��.-b .M 1 `ego �',z v ` ' r !��M 1/S/AV r04 *ri.r ,� h !� s o of YEETAND � f'14RCEL `C - SARY 70 FkISS.- � "01 Y AND RECORDATION ' Y IA BA4DER LINES r= T,.,-,g% ;,,-.cog �n V ro' -.pyx., e r sr- -•sr•a g m `ta'� 5- ��,;, _ �"�, -� 7. ,_ ate"` tr.a "s-. -ux3,+{ _ $ ,c r t r"�_ X1.9 - x •,<,s�, , 77s�7� a`., }i iu3zf � NN°Y6'N'(RJ t ,rr� * 999B�MJ �.,,,'' Y ,. .a .e �a TE aNEO,A NOTARY/N ANO' t O,BARRETT AAD A/ARLENE `t :_TA66E0 LS3314 ,-: x / /i f0 /4/P LS 3334 s �p Ep FOR LOT COR& ARESUBSCR/BED li)THE ACCFPTWMfflL/NE ra/L � = �� � -4 ElXITED 7W SA AS OWNERS ` j t ' - NO SCALE gam- RF a"t, 77-970 •3•e+w`8,.n -/22.377Mj �. p,.� a� r ,� k LEGEND. . � (R)RECORD DATA PER 3.•.- rx..v-r r.s.u - CJs.-3jn'+P'8r; .E.a.. �'. $' F" xanv .�.'�„ AL'T/ J83 J D£TA/L/NO SCALE x(MJ MEASURED DATA r � t • _` '" ;�- ¢ W x- • FOZIACJ/."-LP. /N STREET WELL(1_P(RJj , V/C/N/TY NAP._. „� •.,..,�„c. �. ,;. „ems fay_.,.-.., ....;r •_' : '.:Q•SET//_*�AFBAR..W/PLAST/CCAPAL4R�'DRGE%4994 e s NO SCALE `` 4TASCADERO MUTUAL WA7ERCYl.-II3%DDS156 >B£TWE, a ti —a -•,�„����„ � �COLONY HOLO/i4G CQ4PiDRAT/AN /29/D2S�2? • .T 400 � �- ."£�s y.'� +„ L � 'r `^ Y�F�,s ro.,� r:ut�:f��h�x �'�.-•x ,pg�.+ev� ��.- _M E M_O_R A_N_D_U M_: TO: CITY MANAGER June 2, 1981 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Parcel Map AT 800911 :1 LOCATION: 8950 Atascadero Avenue (Lot 1 of Block,, 6) APPLICANT: Harry Smith On December 22 , 1980 the City Council approved tentative Parcel Map AT 800911 :1 allowing creation of two parcels (1 . 0 acres each) subject to certain conditions and in concurrence with the recom- mendation of the Planning Commission. The zoning is R-A and the General Plan designation is Moderate Density Single Family Residential. Staff review has determined that all conditions of approval have been met. On May 18 , 1981 the Planning Commissionreviewed the Final Map and recommended acceptance. LAWRENCE STEVENS MU Y WARDEN Planning Director City Manager M_E M_O_R A N_D U M_ TO: PLANNING COMMISSION May 18 , 1981 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Parcel Map AT 800911 :1 LOCATION: 8950 Atascadero Avenue (Lot 1 of Block 6) APPLICANT: Harry Smith On December 22, 1980 the City Council approved tentative Parcel Map AT 800911 :1 allowing creation of two parcels (1 , 0 acres each) subject to certain conditions and in concurrence with the recom- mendation of the Planning Commission. The zoning is R-A and the General Plan designation is Moderate Density Single Family Residential. Staff review has determined that all conditions of approval have been met. 4aVWY LAWRENCE EVENS Plannin irector • /Ps C._ Couivc/L+s O TpN , '.4itECT ,Z f1E2E,BY CE.eT/.may TyAT Tiy/S SU 9.0/- Ole fi ��C ✓/S/ON CClflu DULY AGiOPTEO AP- �NCLU x- _ � � ST.2EETS ANLL f-.ySFt1ENT5 SHGGc!!n/ S,y� rA/\.rEs. � Tr`/�eECLv UJAS ACCEPTED 8y TroE O.� O, i4N Q � �ti�/L OF TyE G/TY O�ArAScaoE�Ci TyE C tl/Tiy V �o �N /980 ANa TH,gT T,yE qr �a C/TY CLEeC CCAS DULY AUT/tJ2/?EO ANO TO c �f7G[. � � I � �N Oj-2Ec�EO To E.�,es•,E /t+/E.2EON /Ts /�.E,�. �'O,` � S• O ,� APP.2OVA.G� O,� TH.E S'AM� ANO:/T rS TH/S _ 71 a .•�,i C/7Y CL.E.P�C i`Te/R,pAY�✓<+40,E/v C' Q rA m•eo r ct'�•:�. Fo..P�i/2xx pEcq�o , 'r ��'�O 4� \�� a 10� a,,,�y H �PEv�.gcEc �s�8.. --y►ee1 p. i z STATL 4.r Jg 9g• 'e6aA¢ L.s.3976 C' 26.41' b' ze q a a ON Tv � ze.3� •� `0' �. RPr LF e o a Fd 4roc,e Ra• fl/VDT r wols + " -.- z-.," -�.: F.>_ 3/4�/•v.PcE'/3991 -""'\y 1i '13039 a =- 3, �L- + .�• \ ,k � �a.Yk -�.8--. .� r'o �-'�?-:; �- .,.�..°' pot aPEARE 74-538 .. \ \ _ e c _ 5 ,T Tf-GE k f f /44.PCE4 COu/vr 7 �._... �`� ,`. , ' ...kk9` 9'k' /VE7 iVc•2E9GAGE - /.0760 R k •cn .,0 h ,... ..,,.0 9 nilly ;.`. ,,. E O.9Z'4 +y /aj PA.ecEc 2 m� `. co 76-sae ��a P4 12 ca E F ,o 4 Si��B M z i .� W ' � o� o ry ON A*ece• c 4cc4.4 o1,(z j. 's•n\i'�,��4 /C-/ ..\ �Sf - 'PEAG.c a o 7139 ^+�sxx �-+a r� v� a ���.'y'�-� -S. ..... .. •fa9.73 N ,: ;.. - �eR£.IGt+o.oes� �.E 467.4B;Q 6/ 4 .4 )rOL.A - NB7 SB L✓R'H /B¢/.79'R /B4/ 63 iy QAs/s ov el.0�nves — y f y B.IS/S of BEAR/A/6,S ` $6 N 97 S8 /./ Bfi•vG THE Ci tri > ROAD Saur y o,, LO T / 8coc 1i Yyµ Y .rklr41 ' ' AIN. 4 ai�',�'6S' v :w 't+` x_ -'�-' 'a �"'y'.,T-�e;eenR "�4' •.// f/ ( �+ y.9vae.T6 �[ar��os ... -.�.� ,• ., ��«,wTr O.��T��,/n �.inc��.' � i It M_E M—OTR_A N D_U M_• TO: CITY MANAGER June 2 , 1981 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Parcel Map AT 79-265 LOCATION: 5650 and 5765 Vega (Ptn. Lot 1, Block JB & Lot 5 , Blodk GB) APPLICANT: Don Heath (Hilliard) On June 9 , 1980 the City Council approved Tentative Parcel Map AT 79-265 allowing road relocation between two parcels subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is R-A and the General Plan designation is Low Density Single Family Residential. Staff review has determined that all conditions of ',approval have been met. On June 1, 1981 the Planning Commission reviewed the Final Map and recommended acceptance. LAWRENCE STEVENS MURYAY L WARDEN /Ps M_E_M_O_R A N_D-U M_: 3 0 TO: PLANNING COMMISSION June 1 , 1981 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Parcel Map AT 79-265 LOCATION: 5650 and 5765 Vega (Ptn. Lot 1, Block JB & Lot 5 , Block GB) APPLICANT: Don Heath (Hilliard) On June 9, 1980 the City Council approved tentative Parcel Map AT 79-265 allowing road relocation between two parcels subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is R-A and the General Plan designation is Low Density Single Family Residential, Staff review has determined that all conditions of approval have been met. LAWRENCE STEVENS Planning Director Ps G ova. '' a e \ Q t \�V � N^ c--y�' `'•rte^ .. 4 j 2u e r m V 1 1 0ri:. V v m i � Q 0 4 e .441 ASA W �.�•.. � ,�ay�� \ � ��. \ltio wwtiOaU P3° 4 - 7 ti e� H n M P e a Ai - 1 _ �e; ep� •�.°,�'y � aQ�l rev.:!� yk' a Qo� p� � 4 = 4 X00 No ro mmummommomwo .�j�..'.•,t:�..- A�ti'e +' N M1p�J4 4�m � ��i 1 j- ;as Caro• q M_E_M_0_R A N_D_U M_: TO: CITY MANAGER June 2 , 1981 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Lot Line Adjustment LA 810225 :1 LOCATIO14: 5260 Maleza (Lots 16 & 17 of Block C) APPLICANT: Michael Craig (Bray) On April 27, 1981 the City Council approved tentative Lot Line Adjustment LA 810225 :1 allowing adjustment of two parcels (1. 0 and 0. 9 acres) subject to certain conditions and in concurrence with the recommendation of the Planning Commission,. The zoning is R-A and the General Plan designation is Moderate Density Single Family Residential . Staff review has determined that all conditions of approval have been met. On May 18 , 1981 the Planning Commission'', reviewed the Final Map and recommended acceptance. LAWRENCE STEVENS M R Y LARDEN Planning Director Cit Manger /ps M E M O RAN D U M TO: PLANNING COMMISSION May 18 , 1981 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Lot Line Adjustment LA810225 :1 LOCATION: 5260 Maleza (Lots 16 and 17 of Block C) APPLICANT: Michael Craig (Bray) On April 27 , 1981 the City Council approved tentative Lot Line Adjustment LA 810225 :1 allowing adjustment of two parcels (1 . 0 and 0. 9 acres) subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is R-A and the General Plan designation is Moderate Density Single Family Residential. Staff review has determined that all conditions of approval have been met. LAWRENCE TEVENS Planning irector /P s f QTY *ifllvll/1/G C,d: /-*/C�9T,E= This 1s fo certify fho>'/hove-Po/rlrne'q/f/�is su6ewisian/rroP o�d hove fo'-,fie x de'f«n�ii�td /haf soidmo/o sup s/onf o//y eo�foi/�s fo fhefP�fofii�e n7v/o as iJniF�G�ortmcnf voPro✓to/by fhv P/oisir/i�9 OcPo�fircnf of I`hP C�fy ofAfoscodero ors 2 , /96/� and f/se• conditions os iirooserd /here arr, Do fe Sccic vie, o �vnnig9 Co�nincaaion � L AWr1ENC'F t`. STEYEA/s COUNTY�FCORDERS CECT/F/L"ATF r� of it'/o%za Fi/Pd ffiis .n /rrolJ rer- of Force/ o snot` Po s Qf .N //7 Book M iJrd as�hP Uocumenf M%o , 9 q>` M74- rr 9uPsf of /ahn F FTra/9 S/GNEO COUNTY .pECOQ/>Ep !3 r =12.0311ER-/ as tr/SS/G Toy-.9crerofedos evine•� Of`.GofS/74/8 ti � 0 A.PEA =O,B95Acres � � r \ S �V• � I S 5 W M �.DG Qp.39 M.-•y �R�� �v /4'P-x'3309• Zp.pO epo E./53.97 r4.00 Yr/N-� 4a9•so' H �taGa.t -R-iT9.Zo e p Q.� G 2D 5y fh�council o'/d fhP c%rk iron ifs od sfre�fs 4::"9/PC'F,C /G1A.o /VO, AT ��/NG ,9 SUf�O/Y/O/f/ OF COTS /Gf/7 f6,4OCK C oe�'�-- ATf/SC.g0E�P0 CO,C ONY Cl 71 OFACOUNTY OF SAN LU/S OB/SPO -TT.9TE OF C:9L/FO/�it//q -- - ...- .-..•.,,m...w ^"..r'nKi snk=••.'a^:`^�`.- ._ i;=T' •s'9 ,; 4..'3^->«- ^* -.3x-e,.nx'a +se1. .;5 5,r-a+,�.czasa„`'E?Tr?�..' - M E M O R A N D U M TO: CITY MANAGER June 2 , 1981 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Lot Line Adjustment LA 810130 :1 LOCATION: 4550 San Ardo Avenue APPLICANT: Margaret C. Ferreira (Associated Professions) On April 13 , 1981 the City Council approved tentative Lot Line Adjustment LA 810130 :1 to adjust existing lot lines to increase Parcel 1 approximately 3000 sq. ft. to solve an existing encroach- ment problem subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is R-1-B-3-D and the General Plan designation is Moderate Density Single Family Residential. Staff review has determined that all conditions of approval have been met. On June 1 , 1981 the Planning Commission reviewed .the Final Map and recommended acceptance. LAWRENCE STEVENS MUR Y L. WARDEN Planning Director Cit Man ger /Ps M E M(O R A N D U M : TO: PLANNING COMMISSION June 1, 1981 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Lot Line Adjustment LA 810130:1 LOCATION: 4550 San Ardo Avenue APPLICANT: Margaret C. Ferreira (Associated Professions) On April 13, 1981 the City Council approved tentative Lot Line Adjustment LA 810130: 1 to adjust existing lot lines to increase Parcel l approximately 3000 sq. ft. to solve an existing en- croachment problem subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is R-1-B-3-D and the General Plan designation is Moderate Density Single Family Residential Staff review has determined that all conditions of approval have been met. LAWRENCE STEVENS Planning Director /PS 7 R CERTIFICATE ITH THE REOUIREMENTS OF ID LOCAL ORDINANCE .BE/NG 4AI A0,-/41S7-ME/17 OF Tf>✓ G/NES p!Y/D//V6 f�,q,(�CEL / OF DATE 7/ AND PAiPC EL p 01= Pm. 3-31' C/T Y OF ATASC.40,E/' COUNTY OF SAN .4 Ills O,e/SOD, ,STATE O� CA/FO�'/v/A. JANUA/P Y /98/ qG C,0MMlSSl0N r,V7 MAP WHEREON THIS E0, IS HEREBY APPROVED MISSION F THE CITY STATEOF CALIFORNIA or �II • DAT E s Z-3* /'w GQ) SCAL /07.0o M -� _ - 0 °o N Ce-lel,E 0.4r.4 _s CERTIFICATE ERTWICATE 13 ENDORSED J n1 Q . Il f THE CITY COUNCIL OF TME ` R f1 •e-6s8o T=44 0 W v (� 1S \ �' p=53'09/ G_63.86, COUNTY OF 3AN U p� W pi9,PCEG/�� Q=84/.3/' T=//.3// NIA IN ACCORDANCE Q ^� Q .G=22.G/#DR 67433 OF THE SUB- Q �V I� 82,989 sc7..n iD o o W )FFICIAL SEAL THIS DAY �3 O ti W sz�•ai' ) •tq Oo .P O ; �JR,� \ N t\ CITY CLERK k bh p'•!� � m W a � G.E u'� I Q W ■ FOUND 2X2 h • CERTIFICATE O M MEASU�PEL) �• AT ���� GP) A2ECt7.20 Q+9T.S DUES SA/V A.F REQUEST OF EDWARD M. • �� AV� RAD. FEE DEPUTY RECORDER A6AS is of .BEA.PiwG nio rE THE B/T,g/S OF QEAP/,VG FOR T.v/S ANY T'eEE 4PEIMod. SUR/iEY /S ZAV 50417 / L//VE OF THE DEYELORtLlE/V7 PAFI:EL / BE//v�- IV66'Z0�36��w PI-AMA/!NG pEPA.PI OF A BU/L,OIAIG PE. • M E M O R A N D U M _ _ __ - - - ---TO: CITY MANAGER June 3, 1981 FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT U810421: 1 LOCATION: N/E Corner of Morro Road & Lag o Avenue APPLICANT: Peter Del Vaglio (Dave Hansen) REQUEST: To allow establishment of an 8500 sq. ft. commercial recreation facility including a dance academy, an arcade, a laundromat, a health club and offices . On May 18, 1981 the Planning Commission conducted a public hearing on the subject matter and, with Commissioners Cannon and Oglesby dissenting, adopted Findings 1-5, authorized a Negative Declara- tion and approved the use permit subject to Conditions 1-17 as set forth in the attached Staff Report with the addition of Con- dition #18 as follows: . 1118. No use established within the development shall operate any later than 10 : 00 p.m. " Discussion by the Commission included concern for noise problems to adjacent residential uses and the zoo, consideration of appro- priate parking standards and clarification of the dance academy use. Peter Del Vaglio, the applicant, indicated his agreement with the recommended conditions. No one else appeared on the matter. LAWRENCE STEVENS M RY L WARDEN Planning Director Cit Man ger ' /P s CITY OF ATASCADERO isi Gr,ir �,r n�,lA Planning Department May 18 , 1981 rr :r r, \ CO 7 STAFF REPORT SUBJECT: Conditional Use Permit U810421 :1 LOCATION: Northeast Corner of Morro Road and Lago Avenue APPLICANT: Peter Del Vaglio (Dave Hansen) REQUEST: To allow establishment of an 8500 sq. ft. commercial recreation facility including a dance academy, an arcade, a laundromat, a health club and offices BACKGROUND 1. Existing Zoning: L (Recreation District) 2. General Plan: Recreation 3 . Environmental Determination: An initial study environmental . description form has been completed for the project. The Planning Director has prepared a Draft Negative Declaration indicating that no significant adverse effects are likely to occur if the project is implemented as proposed. 4. Site Conditions: The site is generally flat without any significant vegetation and is undeveloped at this time. The property is bounded by Morro Road (Hwy 41) on the west, by Lago Avenue on the south, and by the zoo and the lake parking lot on the east, and on the north by other property designated Recreation. City water and sewer are available to the property. 5 . Project Description: The applicant is proposing to construct 8500 square foot two story facility for commercial recreation use; the anticipated uses as indicated by the plans and the approximate square footage proposed for each use are as follows: a. Dance Academy (1st floor) 1680 sq. ft. b. Arcade (1st floor) 840 sq. ft. C. Laundry (1st floor) 840 sq. ft. d. Health Club (1st & 2nd floors) 1824 sq. ft. e. Offices (2nd floor) 3360 sq. ft. 8544 sq. ft. i • Page Two Conditional Use Permit U810421 :1 (Del Vaglio) May 18 , 1981 A total of 27 parking spaces are proposed; 26 ,standard 9 ' X 20 ' stalls and one handicap 12 ' X 20 ' stall. The Site plan indicates two access points to the property, one for ingress and egress at Lago Avenue near the southerly corner of the site, the other for egress only to Morro Road at the northerly corner of the site. The building is situated in the center of the site with angled parking along the east and west sides of the sites and with a loop driveway around the building. Landscaping is proposed along an area fronting Lago Avenue, around the perimeter of the building, and in small island areas at the ends of the parking aisles . The exterior finishes proposed include spanish tile roof, stucco with wood trim on the second story, and slump stone with stucco columns and wood- caps and bases on the first floor. Two exterior stairways provide access to the second floor, one at the south corner of the building and one at the northwest corner. . STAFF COMMENTS The primary concern is the number of parking spaces required. The zoning ordinance is not totally clear for certain uses proposed by this application. -Chapter 22. 86 Parking provides the following: 1 2 3 ONE VEHICLE. ONE VEHICLE ONE ADDED TYPE OF USE SPACE PER OR SPACE PER AND SPACE PER Golf Courses-County Clubs As required by Planning Commission Parks & playgrounds Auditorium-Theater- 4 permanent 50 sq. ft. 4 employees Stadium-Dance Hall Skating Rink Insurance, Real Estate, 500 sq. ft. Service Desk 2 employees Accountants, Architects , Agencies & other types of service offices Cleaning & Laundry 1/5 checkstand 200 sq. ft. 2 employees agencies Laundromats 2 washers • Studios (Photo-Health- 500 sq. ft. -- 2 employees Art) Page Three • Conditional Use Permit U810421 :1 (Del Vaglio) May 18 , 1981 The Planning Director had made a determination earlier and the Planning Commission and City Council concurred that a "Dance Hall" as originally requested by the applicant was not a permitted use in the "L" zone under current regulations . However, it was also recommended by the Commission and Council that consideration be given to modify the L zone text to allow the dance hall as a Con- ditional Use. At this time, that text modification is not complete. The applicant is now indicating a "Dance Academy" which staff would interpret to be a school of dance instruction; falling into the definition of a commercial recreational use. The parking regula- tions do not provide a clear guide for a use such as a dance academy. A survey was made of regulations in other cities in the County and a common application seems to be one vehicle space per 200-300 sq. ft. The parking regulations in the Atascadero Code are similarly vague for the arcade, the laundromat, and the 'health club. ' There do not seem to be any uses listed which would be similar in nature to an arcade. Other cities seem to apply one space per 200 sq. ft. fairly consistently;' For the .laundromat the ordinance requires one space per each two washers. Without a floor plan showing the precise layout of the washers and dryers, it is difficult to make a fair estimate using this figure. Other cities in the County seem to apply the standard of one space per 200 sq. ft. , which is similar to this City' s requirement for a cleaning and laundry agency. For the 'health club' the Atascadero Code provides for a health "studio, " requiring one space per 500 sq. ft. Each of these uses has a fairly standard requirement for employees at one space per each 2 or 4 employees . There are several approaches which were considered in reviewing this matter. A. Apply, where possible, standards as provided in the Zoning Ordinance and, where not possible, utilize standards from other cities in the County as deemed appropriate. This would result in the following space requirements: SPACE REQMT. PARKING USE + EMPLOYEE REQMT. SPACES Office 1/500 sq. ft. = 4 8 1/2 employees = 4 Health Club 1/500 sq. ft. = 4 1/2 employees = 2 • Laundromat* 1/200 sq. ft. 4 Arcade* 1/200 sq.. ft. = 4 5 1/2 employees = 1 Dance Academy* 1/200 sq. ft. = 8 10 1/2 employees = 2 TOTAL NO. SPACES * Per City of San Luis Obispo & Paso Robles Standards , Page Four Conditional Use Permit U810421 :1 (Del Vaglio) May 18 , 1981 B. Apply one standard for all the offices of one space per 500 sq. ft, and one standard for all the other uses of one space per 300 sq. ft. (as an average) and require one space per 2 employees for all uses. This approach would result in the following space requirements: SPACE REQMT. USE + EMPLOYEE REQMT, NO. SPACES Office 1/500 sq. ft. = 4 8 1/2 employees = 4 All Others: 1/300 sq, ft. = 17 22 Health Club 1/2 employees = 5 Laundromat Arcade Dance Academy TOTAL NO. SPACES 30 • C. Attempt to estimate the number of washers and game machines P which might be installed in the laundromat and arcade based on available information for standard sizes for those= machines and requiring one space per two ffiachines. Also utilize other city standards for dance academy. This would result in the following space requirements: SPACE REQMT. USE + EMPLOYEE REQMT. NO. SPACES Office 1/500 sq. ft. 8 1/2 employees Health Club 1/500 sq. ft. 6 1/2 employees Laundromat 1/2 washers-est. 25 washers12 no employee regmt. Arcade 1/2 game machine-est. 22 11 machines Dance Academy 1/200 sq, ft. 10 1/2 employees TOTAL NO. SPACES 47 After giving much consideration to these various approaches, Staff feels most comfortable with Approach B. This seems to be the most equitable approach which takes into account other factors such as the times of operation and the ability to 'overlap parking needs . Page Five Conditional Use Permit U810421 :1 (Del Vaglio) May 18 , 1981 It is critical to point out that r in the event the applicant attempts to establish at some time in the future a use which has a more intense parking requirement than can be met by the number of parking spaces approved herein, that use will have to be denied. In other words, if, for example, after the zoning text is modified to allow a "dance hall, " the applicant applies for that use, he will be required to provide parking at a rate of one space per 50 sq. ft. (per Section 22 . 86 .050 of the Zoning Ordi- nance) , which, if the 1680 sq, ft. designated for the dance academy is used for a dance hall, a need for 34 total parking spaces would result. This would be in addition to the number of spaces necessary for the other uses and could not be accommodated on this site. Obviously if a future useotherthan those indica- ted has a less intense parking need, there would be little problem. Other concerns include the one-way egress on to Morro Road, which Staff feels should be eliminated altogether in an effort to reduce driveways along a busy arterial; the potential adverse visual effect of the "back" of building facing a main arterial (being Morro Road--this effect could be minimized by landscaping requirements) ; and the overall landscape provision along Morro Road appears mini- mal. Certain revisions to provide for additional parking, the required 25 foot rear yard, and improved landscaping seem necessary. FINDINGS 1. The site of the proposed use can be adequate in size and shape to accommodate said offices and all yards, fencing, parking, landscaping and other features required by the Atascadero Municipal Code. 2. Streets in the vicinity of the proposed use are adequate to carry the quantity and kind of traffic generated. 3. The proposed use will have no adverse effect on abutting property or the permitted use thereof. 4 . The establishment and conduct of the proposed use for which the Departmental Review is sought will not be detrimental to the public welfare or be injurious to property or improve- ments in said neighborhood. 5. The project will not have a significant adverse impact upon the environment. Page Six Conditional Use Permit U810421 :1 (Del Vaglio) May 18 , 1981 RECOMMENDATION Based upon the above findings, the Planning Department recommends issuance of a Negative Declaration and approval of Conditional Use Permit U810421 :1 subject to the following conditions : 1 . Site development including buildings, building architecture, aisles, parking, landscaping and other features shall be con- sistent with plans submitted and as required to be modified by conditions which follow. 2. Submit two copies of detailed landscaping and irrigation plans indicating size, type, and spacing of plant materials proposed for review and approval by the Planning Department prior to issuance of building permits . a) Raised concrete curbs or similar shall border each planter area adjacent to parking spaces and aisles. b) Plant materials shall be sized to achieve 'a mature appear- ance within three years . c) The type of irrigation system shall depend upon the plant materials used and the watering needs. d) Effort shall be directed toward providing a landscaping effect which minimizes the visual appearance of the rear (northwest side) of the building from Morro Road. e) The landscaped planter area along the Morro Road frontage shall be widened to a minimum width of five (5) feet. 3 . Submit two sets of grading and drainage plans indicating grade of building pads, pavement elevations, flow lines at top of curb, etc. , for review and approval by the City Public Works Department prior to issuance of any permits. a) Drainage from the site shall not be allowed to flow directly across public sidewalks and driveways. b) Any grading necessary for site development shall be sub- ject to first securing proper permit and approval from the Planning Department. 4 . Provide a minimum of thirty (30) off-street parking spaces. a) One of the thirty standard spaces shall be designated as a handicapped space and shall have minimum dimensions . of 12 ' X 20 . ' I—_ Page Seven • Conditional Use Permit U810421 :1 (Del Vaglio) May 18 , 1981 b) Submit revised plans indicating provisions for the thirty spaces for review and approval by the Planning Department prior to issuance of building permit. c) The northwesterly driveway access to Morro Road shall be eliminated. d) The two-way driveway entry shall be a minimum of 24 feet in width e) Vehicle parking and access areas shall be paved with a minimum 2" AC on adequate base and spaces shall be striped, Concrete wheel stops or approved functional equivalent shall be provided. Paved areas shall be permanently maintained 5 . Building architecture shall be consistent with elevations submitted, including Spanish tile roof on all elevations. a) Any roof-mounted mechanical equipment shall be screened from view from adjacent streets and properties in a manner approved by the Planning Department, 6 . No signing is approved in conjunction with this application. on-site signing shall be limited to an aggregate area of twenty (20) square feet for the project site and not to exceed the height of the building unless a Conditional Use Permit is secured. a) No free-standing sign shall be established on the site without approval of a master sign plan for the entire property, 7 . Install concrete curb, gutter, and sidewalk along the Lago Avenue frontage of the subject property as required by Title 19 of the Atascadero Municipal Code. Said. improvements shall be installed under an inspection agreement and encroachment permit issued by the Public Works Department, 8 . Provide six foot high solid fencing along the north and east property lines . Fencing height may be reduced or fencing eliminated in the 25 feet adjacent to the public streets. Fence material and design shall be approved by the Planning Department, 9. Provision shall be made for a paved and enclosed trash storage area as shown. The design and materials shall be consistent with the remainder of the development and shall be approved • by the Planning Department, Page Eight Conditional Use Permit U810421 :1 (Del Vaglio) May 18, 1981 a) No outside storage, or any accumulation of trash or debris shall be permitted. 10 , All new utilities and utility connections shall be placed underground. 11 . The project shall be connected to the community sewer and water service. Submit evidence from the Atascadero County Sanitation District and the Atascadero Mutual Water Company, indicating that the agencies are willing and able to provide service to the project prior to the issuance of any permits. 12 . Any lighting standards or fixtures shall not project above the roof of the building and shall be designed to eliminate on-site and off-site glare and shall be subject to review and approval by the Planning Department. 13 . A revised site plan shall be submittedwhichprovices for a 25 foot rear yard as required by Section 22 . 62 . 070 of the Zoning Ordinance. 14 . . Install a fire hydrant generally at the driveway off Lago Avenue. The type, size, exact location and manner of place- ment shall be specified by the City Fire Department. A letter from the City Fire Department certifying installation of the hydrant shall be received by the Planning Department prior to occupancy of the proposed uses. 15 . In the event that archeological resources are ;discovered on the subject site during construction of this project, said resources are to remain undistrubed after discovery and con- struction activity shall cease immediately. The Planning Department is to be notified so that proper disposition of the resources may be accomplished. Construction may resume only upon authorization by the Planning Department, 16 . This Conditional Use Permit approval is granted for a maximum period of one year from the date of final approval unless an extension is granted by the Planning Director pursuant to a written request filed a minimum of ten days prior to the expiration date. 17 . All conditions of approval established herein shall be complied with prior to issuance of a business license and establishment of proposed use. Page Nine Conditional Use Permit U810421:1 (Del Vaglio) May 18 , 1981 ACTION: The Planning Commission should by motion direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and set conditions, TO DENY: Motion setting findings for denial. REPORT PREPARED BY . MARY E. BEATIE Associate Planner jk4�REPORT APPROVED BY: ?.L LAWRENCE STEVENS Planning Director /PS ask ATASCADERO GREEK • RVATI ON NO 8 t - RESE _ .96 LA 16� 4 59 97 �.r S ` N Ln 0 O O ,U D I 50 N �rn 'W �+�I - toLn a -r (n '120 T S30 0 6� 'S1 y 145.26 z O 72.2 to 748b c- to ,v V T N 1 O o m�. cn � � o N O a D _ til 3 (n Rl * -15 3.48 O 1 cn z• � a ` _•� aj Sp 00 W IG8 4 SXP02 W 60.841 1 16• '.- - 1 94.45. O(A - a; 11.1 o _- CA t t� S 30°07``30"w z cn 1oao1 Z v Co CA > _ gg. 6.6p /401 uV, w /�Q= S24 OOw ZOO NA CA 40Sg 518°29w accA M j m � a _ L 91.10 65.21 ,...•_. cA M N 'S7L, 05CD (A 130 9gAti - -. 2 54924g e •A - ASSHGOR`s MAP Q 17 R T 2 76 9 .7,1 0• 17 �6 'S I c o ,�. 3 3 69 . 33 20 18 s )� 7jo�zy 8 2� , 6 9 2 4 / n 2 4 Q. �5.L zo 5 2S 10 U7D�9i�i R9 aszo:�4.L 26 QS R- \� 3 b 4 <. .•R3orzi. 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I -.•:• '•-- � I♦ 4 �1 I Izl•d� �lo'•�_I i>•� 1 I. lo° I IG•G° I Iti�O`I li!.�I`I Iv�G `10-� 10•v tp�-✓ � LI f of �¢. i, • M E M O R A N D U M TO: CITY MANAGER June 3 , 1981 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP AT 810327 :1 LOCATION: 9600 and 9630 Carmelita (Lots 14A & 15A, Block 31) APPLICANT: Edward and Hetty Anderson (Twin Cities Engineering) REQUEST: To allow subdivision of 7 .7 acres into three parcels of 2 . 5 , 2 .5, and 2 .7 acres On June 1, 1981 the Planning Commission conducted a public hearing on the subject matter unanimously adopting Findings 1-2 , authorizing a Negative Declaration and approving the land division subject to Conditions 1-12 as set forth in the attached Staff: Report with the deletion of Condition X10 regarding shoulder grading. There was some discussion among the Commission concerning probable building sites and their relationship to existing residences and • the size of lots that should be allowed in this area. It was their consensus that the land division met existing standards. Allen Campbell and Herb LaPrade, applicants ' representatives , spoke in support of the recommendation but objected to the condi- tion on shoulder grading because of existing landscaping. Mr. Ryan, owner in escrow of the subject property, spoke in support of the land division pointing out the need for affordable housing sites. Swede Larson, adjacent resident on Casitas, objected to the land division because future residences would adverselyaffect his privacy. He also recommended that the lots be redesigned to en- courage building closer to Carmelita. No one else appeared on the matter. p�GGGeryLG��rt? LAWRENCE STEVENS AUR Y L WARDEN Planning Director city Ma ager � ' CITY OF ATASCADERO 191`3 ip `'C 1979 Planning Planning Department June 1, 1981 \ CAD o STAFF REPORT SUBJECT: Tentative Parcel Map AT 810327 :1 LOCATION: 9600 and 9630 Carmelita Avenue (Lots 14A & 15A, Block 31) APPLICANT: Edward A. and Hetty J. Anderson (Twin Cities Engineering) REQUEST: To allow subdivision of 7 . 7 acres into three parcels of 2 . 5 , 2 . 5 , and 2 .7 acres each. BACKGROUND 1. Existing Zoning: A-1-12 2. General Plan: Suburban Single Family Residential 3 . Environmental Determination: An initial study environmental description form has been completed. The Planning Director • has prepared a Negative Declaration indicating the project will not have a significant adverse effect on the environment if the project is implemented as proposed. 4 . Site Conditions : The topography varies across the site;. slopes range , from gently rolling to moderately sloping. There are many trees scattered throughout the site with natural grass undergrowth. Lot 15A is presently developed with a single- family residence with a detached garage in front. Access to . the residence is provided via a loop driveway off Carmelita. In the southerly corner of the site is an area of large rock outcropings and a rock wall, ranging from 4-6 feet high, trending in a northerly direction from the southerly property line almost up to the edge of proposed Parcel 2 . City water is available to the site; city sewer is not. A fire hydrant exists just off the property at the easterly corner. 5 . Project Description: The applicant is proposing to subdivide this 7 . 7 acre site into three parcels . Parcels 1 and 2 are proposed to be 2 . 5 acres each and Parcel 3 is proposed to be 2 . 7 acres , Generally, Parcels 2 and 3 , 'flag ' shaped with narrow frontages on Carmelita, wrap around Parcel 1 which fronts entirely on Carmelita. The existing residence is proposed to be in Parcel 1 . Access to each parcel is to be off Carmelita, but no specific driveway locations have been . indicated as yet, except for the existing driveway in Parcel 1. Page Two • re : Tentative Parcel Map AT 810327 : 1 (Anderson) June 1, 1981 STAFF COMMENTS On Thursday, May 7, 1981 the Subdivision Review Board met with Herb LaPrade, the applicants ' representative, and Allen Campbell, the applicants ' engineer, to discuss this application. Also attending the meeting were: Larry Stevens, Planning Director; Mary Beatie, Associate Planner; John Kennaly, Assistant Civil Engineer; Don Sylvia, Fire Chief; and Michael Sherer, Planning Commissioner. The following items of concern were discussed: 1) What is applicants ' intended access to Parcel 2? 2) Possible adjustment between Lots 1 and 2 to provide better access to Lot 2 from Carmelita. 3) Possible drainage considerations related to driveway locations for Lots 2 and 3. 4) Require fire hydrant at southerly edge of property. 5) Require percolation tests at time of building permits. 6) Possible road improvement to meet City standards; at most • shoulder grading. 7) Carmelita to Lot 89 is a City maintained street. 8) Likely recommend Negative Declaration. FINDINGS 1. The application as submitted will not have a significant adverse effect upon the environment and the preparation of an Environ- mental Impact Report is not necessary. 2 . The application as submitted conforms with the applicable zoning regulations and is consistent with the 1980 Atascadero General Plan. RECOMMENDATION Based upon the above findings , the Planning Department recommends issuance of a Negative Declaration and approval of Tentative Par- cel Map AT 810327 : 1 subject to the following conditions 1. Private sewage disposal systems will be an acceptable method of sewage disposal, if reports, tests , and design are accept- able. All tests, reports, and designs shall conform to methods and guidelines prescribed by the Manual of Septic Tank Practice and other applicable City ordinances. The following shall appear as a Note on the Final Map: Page Three • re: Tentative Parcel Map AT 810327 :1 (Anderson) June 1, 1981 "Appropriate soils reports including a percolation test, a test to determine the presence of ground water, and a log of a soil boring to a minimum depth of ten (10) feet shall be submitted to the Atascadero Planning Department prior to the issuance of a building permit on each lot. Where soils reports indicate that conventional soil absorption systems are not acceptable, City approval of plans for an alternative private sewage disposal system, designed by a registered civil engineer, shall be required. Depending upon the system, more restrictive requirements may be imposed. " 2 . Water shall be obtained from the Atascadero Mutual Water Com- pany and water operable facilities shall exist at the property frontage prior to filing of the Final Map. 3 . A fire hydrant, of a type and size specified by the City Fire Department, shall be generally located at the southern property corner on Carmelita Avenue. Exact location and manner of placement shall be subject to the approval of the Fire Depart- ment. A letter from the Fire Department certifying installa- tion of the hydrant shall be received by the Planning Department • prior to the recordation of the Final Map. 4 . Effort shall be made to minimize grading that would be disruptive to the natural topography and removal of existing, mature trees. The following shall appear as a Note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appropri- ate permit and compliance with applicable City ordinances . " 5 . Location of private driveways for Parcels 2 and 3 shall be sub- ject to review and approval by the Planning Department at the time of building permit. Plan and profile drawings of proposed driveways may be required in order to determine average grade and appropriate improvement requirements. a. No driveway will be allowed which exceeds 20% in slope. b. If average slope exceeds 12% , paved improvement would be a requirement at the time of application for a building permit. c. An all-weather surface will be required similarly for slopes not exceeding 12% . These notes shall appear on the Final Map. . Page Two re: Tentative Parcel Map AT 810327 :1 (Anderson) • June 1, 1981 STAFF COMMENTS On Thursday, May 7, 1981 the Subdivision Review Board met with Herb LaPrade, the applicants ' representative, and Allen Campbell, the applicants ' engineer, to discuss this application. Also attending the meeting were: Larry Stevens, Planning Director; Mary Beatie, Associate Planner; John Kennaly, Assistant Civil Engineer; Don Sylvia, Fire Chief; and Michael Sherer, Planning Commissioner. The following items of concern were discussed: 1) What is applicants ' intended access to Parcel 2? 2) Possible adjustment between Lots 1 and 2 to provide better access to Lot 2 from Carmelita. 3) Possible drainage considerations related to driveway locations for Lots 2 and 3. 4) Require fire hydrant at southerly edge of property. 5) Require percolation tests at time of building permits. 6) Possible road improvement to meet City standards; at most shoulder grading. • 7) Carmelita to Lot 89 is a City maintained street. 8) Likely recommend Negative Declaration. FINDINGS 1. The application as submitted will not have a significant adverse effect upon the environment and the preparation of an Environ- mental Impact Report is not necessary. 2 . The application as submitted conforms with the, applicable zoning regulations and is consistent with the 1980 Atascadero General Plan. RECOMMENDATION Based upon the above findings , the Planning Department recommends issuance of a Negative Declaration and approval of Tentative Par- cel Map AT 810327 :1 subject to the following conditions: 1. Private sewage disposal systems will be an acceptable method of sewage disposal, if reports, tests, and design are accept- able. All tests, reports, and designs shall conform to methods • and guidelines prescribed by the Manual of Septic Tank Practice and other applicable City ordinances. The following shall appear as a Note on the Final Map: Page Three • re: Tentative Parcel Map AT 810327 :1 (Anderson) June 1, 1981 "Appropriate soils reports including a percolation test, a test to determine the presence of ground water, and a log of a soil boring to a minimum depth of ten (10) feet shall be submitted to the Atascadero Planning Department prior to the issuance of a building permit on each lot. Where soils reports indicate that conventional soil absorption systems are not acceptable, City approval of plans for an alternative private sewage disposal system, designed by a registered civil engineer, shall be required. Depending upon the system, more restrictive requirements may be imposed. " 2 . Water shall be obtained from the Atascadero Mutual Water Com- pany and water operable facilities shall exist at the property frontage prior to filing of the Final Map. 3. A fire hydrant, of a type and size specified by the City Fire Department, shall be generally located at the southern property corner on Carmelita Avenue. Exact location and manner of placement shall be subject to the approval of the Fire Depart- ment. A letter from the Fire Department certifying installa- tion of the hydrant shall be received by the Planning Department • prior to the recordation of the Final Map. 4 . Effort shall be made to minimize grading that would be disruptive to the natural topography and removal of existing, mature trees. The following shall appear as a Note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appropri- ate permit and compliance with applicable City ordinances. " 5. Location of private driveways for Parcels 2 and 3 shall be sub- ject to review and approval by the Planning Department at the time of building permit. Plan and profile drawings of proposed driveways may be required in order to determine average grade and appropriate improvement requirements . a. No driveway will be allowed which exceeds 20% in slope. b. If average slope exceeds 12%, paved improvement would be a requirement at the time of application for a building permit. C. An all-weather surface will be required similarly for slopes not exceeding 12% . These notes shall appear on the Final Map. • • Page Four re: Tentative Parcel Map AT 810327 :1 (Anderson) June 1, 1981 6 . With regard to improvement standards for the driveway, the following note shall appear on the Final Map "The private driveway shall be improved to a minimum width of twelve (12) feet with an unobstructed vertical clearance of fourteen (14) feet. " 7. Drainage swales to be shown on Final Map . 8. All pipeline and other easements of record shall be shown on the Final Map. A letter shall be submitted from each utility company indicating the nature and extent of any building re- strictions. A Note so stating such restrictions shall appear on the Final Map. 9. In conjunction with review and approval of private driveway locations and site development for Parcels 2 and 3 , certain requirements to maintain adequate drainage and erosion con- trol may be necessary. • a. The existing drainage pipes may be reviewed for adequacy and upgraded, if necessary, depending on the location of future driveways. b. Adequate erosion control shall be provided in the vicinity of existing drainage pipes and slope protection provided as necessary for any proposed driveways. 10. Two feet of shoulder grading along the entire property frontage from the edge of pavement on Carmelita shall be rovided prior P to recording the Final Map. a. This work shall be performed under an encroachment permit issued by the Public Works Department. 11. A Final Parcel Map in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation. • b. A final title policy (CLTA or ALTA) shall be submitted for review in conjunction with the processing of the Final Map. Page Five • re: Tentative Parcel Map AT 810327 :1 (Anderson) June 1, 1981 12 . Approval of this Tentative Parcel Map shall expire one year from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expi- ration date. ACTION The Planning Commission should by motion direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and set conditions . TO DENY: Motion setting findings for denial. REPORT PREPARED BY: MARY E. UBEATIE • Associate Planner REPORT. APPROVED BY. LAWRENCE STEVENS Planning Director • /Ps 0 17 A-1 10-A o/ C 19 k- 31 .0 . 20 J a / 100 A-i 10.2 � �, >. '� 22 7 3 24 gg /�25 5 J 98 23 97 96 / �% 3 79 80 _ 2 95 - ' 2 � ,/ 78 81 / �z J PAKA 94 82 3 92 83 �' 93 14- 29 R 8 6 3 "` 85 9314 29 86 T - 991 288 B5 3-1 15 A 9 0 �� 5 5 I / 56 / 2 26 12 / 89 / 3 21 88 n F 54 O _ P ZOA)iAJCa MAP T,gSC � 53,\ ��, QPM �Ilaoo Carr»e1�t� qnR �- L�tS 14A e 15-1 Block 31 . 0 \�. .478103.;�7 l Lei t5 N F 1 � r , I -16 CA s • Q3 co t 6a tVJ t 516.6u Pu, 1 CA 71.174 Pu l• M 19.40 >< i clii -o � I Ul cr , : • M E M_O_R A N_D_U M_: t TO: CITY MANAGER June 3, 1981 FROM: PLANNING DIRECTOR SUBJECT: VARIANCE V810408 :2 LOCATION: 5820 Traffic Way (Ptn. Lot 2 , Block LA) APPLICANT: G.D. Spradlin (Lindenthaler & Courtney Associates) REQUEST: To allow elimination of the required 2'5 ' front set- back in a C-1 Zone, where part of the frontage in a block is in a "R" (Residential) district, in conjunction with a proposed retail commercial project. On May 18 , 1981 and June 1, 1981 the Planning Commission conducted public hearings on the subject matter unanimously adopting Findings 1-3 (on page four) , authorizing a Negative Declaration and approving the exception subject to Conditions 1-16 as set forth in the attached Staff Report. Discussion by the Commission primarily focused on the site topo- graphy and existing commercial setback encroachments as a basis for approving the variance. Upon determining that there was sufficient basis to warrant approval, the matter was continued to June 1 to allow preparation of appropriate conditions. On May 18 Tom Courtney, project architect, and Larry Kelley, repre- senting the applicant, spoke in opposition to the 'Staff recommenda- tion to deny the variance noting the existing commercial development and topographical constraints, pointing to the attractive design and the need for commercial development in the area. On June l Mr. Kelley indicated his concurrence with the recommended conditions . It was also noted that the adjacent owner had indicated a willingness to improve for parking unpaved areas behind the existing commercial buildings. No one else appeared on the matter. LAWRENCE STEVENS MUR L. DEN Planning Director City anag r • /PS CITY OF ATASCADERO • •°°,G C R� 1979 Planning Department ---June 1, 1581 1918 ; f; C . .1r,;; - / STAFF REPORT SUBJECT: Variance V810408 :2 LOCATION: 5820 Traffic Way (Portion of Lot 2 , Block LA) APPLICANT: G.D. Spradlin (Lindenthaler & Courtney Associates) REQUEST: To allow elimination of the required 25 ' front setback in a C-1 zone, where part of the frontage in a block is in an "R" (Residential) District in conjunction with a proposed retail commercial project BACKGROUND 1. Existing Zoning: C-1 (General Shopping District) 2. General Plan: Retail Commercial 3 . Environmental Determination: An initial study environmental • description form has been completed. The Planning Director has prepared a Negative Declaration indicating the project will not have a significant adverse effect upon the environ- ment if the project is implemented as proposed. 4 . Site Conditions: The front portion of the property is flat and the site is currently undeveloped, but has been used as a dirt parking lot. The remainder of the site is a bluff which slopes up quite sharply to a plateau area to the northwest which is primarily developed with single-family dwellings . Adjacent to the southwest is commercial development. Immedia- tely adjacent to the northeast is a vacant lot with an apart- ment complex beyond. Across Traffic Way are commercial businesses. 5. Project Description: The applicant is proposing seven small shops totalling approximately 5000 sq. ft. (not including storage lofts) oriented toward the center plaza, being an open courtyard. The variance requested is to eliminate the 25 foot front yard setback which is required because the property is in the same block as property zoned residential. Exterior building elevations include use of exterior stucco, rough-sawn wood trim including continuous bands , and a mission tile roof along the courtyard and Traffic Way elevations. A wood and tile framework connects the buildings along the Traffic Way elevation. The central plaza includes tile pavers and a fountain. Page Two Variance V810408 : 2 (Spradlin) June 1, 1981 A total of 21 parking spaces (including one for handicapped parking) are provided on the site. One additional space is provided on a nearby site (within the required 600 feet) which is also being developed by the applicant (ref: V810408 :1) . Driveway access is near the northeast corner of the property. STAFF COMMENTS Section 22 . 36 . 030 Yards-Front of the Zoning Ordinance states : "Front yards required shall be as follows : (1) In C-1-N, C-1-C, C-1 and C-2 districts, none except where frontage in a block is partially in an "R"district, in which case the front yard shall be the same as required in such "R district. . . . . " The residential district which shares frontage in this block with the subject property is zoned R-1. Section 22 .22 . 030 Yards under • Chapter 22 . 22 Residential Districts states: "Yards required shall be as follows : (1) Front yard: each lot shall have a front yard not less than twenty-five feet in depth. " There is at present, one vacant C-1 zoned lot which would separate the subject property from the residential district. The next lot to the northeast is in the R-4 zone and is developed with an apart- ment complex. All other commercial buildings to the west of the subject property are built up to the sidewalk and have zero front yard setbacks . While it could be pointed out that a zero front-yard setback would make the proposed development compatible with adjoining C-1 prop- erties which all have zero front yard setbacks, it is nevertheless clear that the zoning ordinance, in establishing the requirement for a 25 foot front yard setback for the commercial district, does so to benefit the residential property in order to assure equitable treatment between the two where they share the same block. It is not known whether or not this requirement existed at the time the adjoining commercial property was developed. It is possible that subsequent zone changes have altered the setback requirements . It is fairly common to most zoning ordinances to increase commer- cial setbacks when commercial property is proximate to residential • property. Page Three Variance V810408 : 2 (Spradlin) June 1, 1981 The subject property does have some very significant topographical- variation with a 500 or so slope making the rear third of it virtually unusable. The nearby residential properties which provide a front setback have a more gradual slope; but it appears that the steepness of the subject property was partially the result of excessive and poorly conceived grading quite a number of in the past. The primary consideration must be whether or not these topographical features carry sufficient weight to warrant the 8etback modification. There are other available alternatives which include more grading to create a larger buildable area or a different design. Regarding the latter, for example, the develop- ment could be flip-flopped with the buildings placed to the rear and the parking in the front (Note : parking can encroach into the front yard) . A similar or totally different building layout is possible and similar floor area is likely. A design of this sort would encourage use of off-street parking contrary to the proposed design. The site plan otherwise is generally acceptable. It should be noted that one space for the proposed development at 5955 Traffic Way is provided on this site. The recommendation there may necessitate revisions to this development since there are no extra parking spaces. In addition, no parking has been included for the 3400 sq. ft. of storage loft area provided in the various stores. This could impact the parking especially if not used as intended. Because of the parking (on both sides) and the amount of floor area in storage lofts , some reduction in floor area seems desirable. If the variance is approved to allow this de- sign concept, the elimination of Building A seems the easiest solution. Again it should be pointed out that the consideration of a variance should be based on some unique characteristic of the property as it pertains to surrounding, similarly zoned property. Economic hard- ship, selected design, convenience or similar are not sufficient. FINDINGS (FOR STAFF RECOMMENDATION) 1. There are no exceptional or extraordinary circumstances applicable to the subject property which do not also apply to other similarly zoned property within the City located in the same block as "R" zoning . 2. The granting of this variance is not necessary for the preser- vation of the substantial property rights of the applicant . since reasonable design alternatives to accomplish a similar project in compliance with zoning standards appear feasible. • Page Four Variance V810408 : 2 (Spradlin) June 1, 1981 3 . The granting of this Variance will adversely affect and be materially detrimental to the public welfare and to other improvements in the area by encouraging similar encroachments to the detriment of nearby residential or office projects in the R-4 zone required to provide such setbacks . RECOMMENDATIONBased Based on the above findings , the Planning Department recommends denial of Variance V810408 : 2 . In the event the Planning Commission chooses to approve V810408 :2 , the following findings and conditions are recommended: FINDINGS (FOR COMMISSION RECOMMENDATION) 1. There are extraordinary and exceptional circumstances applicable • to the subject property because of its topographical variation that does not apply to other commercial property in the same block as "R" zoning elsewhere in the City. 2 . The granting of this Variance will not adversely affect or be materially detrimental to the public welfare and to other improvements in the area since similar encroachments by com- mercial development already exist and since the adjacent R-4 zoning will allow both office and high density multiple development. 3 . The granting of this Variance is necessary for the preservation of the applicant ' s property rights since the steep slope on the rear of the property severely restricts its development in a manner which complies with required front yard setbacks. CONDITIONS FOR APPROVAL 1. Site development including buildings, aisles, parking, land- scaping and other features shall be consistent with plans as submitted and as required to be modified by conditions which follow. 2 . Submit two copies of detailed landscaping and irrigation • plans indicating size, type, and spacing of plant materials proposed for review and approval by the Planning Department prior to issuance of building permits . a) Raised concrete curbs or similar shall border each planter area. Page Five Variance V810408 :2 (Spradlin) June 1, 1981 b) Plant materials shall be sized to achieve a mature appear- ance within three years. c) The type of irrigation system shall depend upon the plant materials used and the watering needs. d) Landscaping shall be provided along the back side of the retaining walls on the northwest and northeast side of the property for erosion control and to improve visual effects of property. 3 . Submit two sets of grading and drainage plans indicating grade of building pads, pavement elevations, flow lines at top of curb, etc. , for review and approval by the City Public Works Department prior to issuance of any permits. a) Drainage from the site shall not be allowed to flow directly across public sidewalks and driveways. b) Any grading necessary for site development shall be subject to first securing proper permit and approval from the Planning Department. 4 . Building architecture shall be consistent with elevations submitted. a) Any roof-mounted mechanical equipment shall be screened from view from adjacent streets and properties in a manner approved by the Planning Department. 5 . on-site signing shall be limited to an aggregate area of 60 square feet for the entire project site, not to exceed the height of the building unless a Conditional Use Permit is secured. 6 . Site plans shall indicate the location of all existing trees on the site and effort shall be made to retain any mature trees if possible. No trees shall be removed without prior Planning Department approval . 7 . The project shall be connected to community water and sewer systems. Submit evidence from the Atascadero County Sanita- tion District and Atascadero Mutual Water Company indicating that the agencies are willing and able to provide service to the project prior to issuance of any permits. 8 . All new utilities and utility connections shall be placed • underground. • Page Six Variance V810408 :2 (Spradlin) June 1, 1981 9 . Parking and access areas shall be paved with minimum 2" AC on adequate base and spaces shall be striped.. Wheel stops or approved functional equivalent shall be provided. a) One-way aisles shall be clearly designated as such in a manner approved by the Planning Director. b) Parking spaces shall be 9 ' X 20 ' except for the 12 ' wide handicapped space, but may be reduced in depth approximately 3 ' where adjacent to sidewalks with the sidewalks correspondingly widened thereby eliminating the need for wheel stops. This adjustment shall only apply if a grade difference exists between the parking area and those sidewalks . c) A minimum of 21 parking spaces shall be provided on-site, d) Any parking space (s) in excess of the minimum may be used to provide off-site parking for the project proposed by the applicant on Lot 49 of Block EG, provided that a re- strictive covenant guaranteeing continued availability for such spaces is recorded. Said covenant shall be approved by the Planning Department. 10. Install concrete sidewalk along the entire property frontage along Traffic Way as required by Title 19 of the Atascadero Municipal Code. Said improvements to be constructed under an inspection agreement and encroachment permit issued by the Public Works Department. a) Textured concrete tile pavers shall be subject to review and approval by the City Engineer. 11. Provision shall be made for a paved and enclosed trash storage area (s) as shown. The design and materials shall be consistent with the remainder of the development and shall be approved by the Planning Department. a) No outside storage, or any accumulation of trash or debris shall be permitted. 12 . Lighting shall not project above the roof of the building and shall be designed to minimize on-site and off-site glare. 13 . Applicant shall provide recorded covenant restricting the use • of any loft or second floor area for all uses other than stor- age unless site plan is modified and approved to provide necessary parking required for the additional space if used for shop area. Page Seven • Variance V810408 :2 (Spradlin) June 1, 1981 14. In the event that archeological resources are discovered on the subject site during construction of this project, said resources are to remain undisturbed after discovery and con- struction activity shall cease immediately. The Planning Department is to be notified so that proper disposition of the resources may be accomplished. Construction may resume only upon authorization by the 'Planning Department. 15 . This Variance approval is granted for a maximum period of one year from the date of final approval unless an extension is granted by the Planning Director pursuant to a written request filed a minimum of ten days prior to the expiration date. " 16 . All conditions of approval established herein shall be complied with prior to issuance of business license and establishment _ of proposed use. ACTION The Planning Commission should by motion direct Staff as deemed . appropriate. TO APPROVE: To adopt findings and set conditions. TO DENY: To adopt findings for denial. REPORT PREPARED BY: �• MARY E. 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"Y. ��\ titi U -� N W 0 (N ro m T b L � � 0 �. o �l 41, _ , yALV d tA0 •`be y •i fit. \ \ZSr,r - '.�� /� co i (D 0 � i�` �\i \ 3 �A /y j� N 0 .► Sob nl // b S 41 ra Y.4f - �� m ° A , ZO)k)/A)6 /tr1 AP OOP � 5820 `rr� G Gia • \ IJ �S c 1t a l: I I .. 1 i...�t�.�"� -�'T. t ,1 t� tl L.1 i_L,� I I �� i "1� >• x Dp . . O� I tl I •" [ 1 -. I I � � P ML cz 77, 14. Al i • I III < _ '1 � - ' I , � \�____—_—_._ � u IN I III l- �,V �� I / I- � �• "j 7 'ILI i P Y t- • _ ` � I;> 4�ll ni •\`O n tP j p, p 1 � o yr � , v `- - ? c rbt ap G- meq n npsips l )` 7 /'�. •^•. "� it-n-n t a r. U V L - n Si )OL AAJ - ��`fi 11 vat � ,I 1 m n • M E M O R A N D U M : TO: CITY MANAGER June 3, 1981 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE TRACT MAP AT 810121 :1 LOCATION: 6800 Alcantara (Ptn. Lot 6 , Block UA) APPLICANT: Gaylen Little REQUEST: To allow a three unit air-space condominium conversion On June 1 , 1981 the Planning Commission conducted 'a public hearing on the subject matter unanimously adopting Findings 1-2 and approving the condominium conversion subject to Conditions 1-7 as set forth in the attached Staff Report. There was some discussion among the Commission concerning the need to resolve the driveway encroachment problem and concerning curb, gutter, and sidewalk requirements . It was the consensus of the • Commission that the improvements were appropriate in areas desig- nated for High Density Multiple Family. Gaylen Little, the applicant, appeared and indicated concurrence with the recommendation except for the curb, gutter and sidewalk requirement. He pointed out that a waiver had been granted at the time building permits were issued. No one else appeared on the matter. Tenants were 'sent copies of hearing notices and Staff Reports as required by the Subdivision . Map Act. LAWRENCE STEVENS Y WARDEN Planning Director Ci y M ager /Ps �' CITY OF ATASCADERO P 77 Planning Department June 1 , 1981 1918 � � f G 1979' STAFF REPORT SUBJECT: Tentative Tract Map AT 810121 :1 LOCATION: .6800 Alcantara Avenue (Portion Lot 6 , Block UA) APPLICANT: Gaylen Little REQUEST: To allow a 3-unit air-space condominium conversion BACKGROUND 1. Existing Zoning: R-3-B-2-D 2. General Plan: High Density Multiple Family Residential 3 . Environmental Determination: The Planning Director has deter- mined the project to be a Class 1 Categorical Exemption accord- ing to the provisions of C.E.Q.A. • 4 . Site Conditions: The site is currently developed with a three unit apartment project with three attached garages, landscaping and three paved driveways off Alcantara. There are two mature oak trees on the site; one at the rear of the most westerly unit and one in the .front between the two most westerly units. To the south is an existing single family dwelling with a detached garage. A portion of the garage overhang and a portion of their gravel driveway encroach upon the subject property. 5. Project Description: The applicant is proposing to subdivide three existing apartment units into air-space condominiums. The applicant has made no indication to this date of any in- tention to provide for his tenant an incentive package to purchase -their units. STAFF COMMENTS On February 10 , 1981 the Subdivision Review Board met with the applicant_ to review the project. Also attending that meeting were: Larry Stevens, Planning Director; Mary Beatie, Associate Planner; John Kennaly, Assistant Civil Engineer; Don Sylvia, Fire Chief; and Planning Commissioner Jim Wentzel. The following items were discussed at that meeting: • Page Two re: Tentative Tract Map AT 810121 :1 (Little) June 1, 1981 1) This project, being a condominium conversion, requires two sets of typed labels addressed to each tenant for notification purposes. 2) There seems to be a discrepancy between application form, which indicates air space condominiums and the map which indicates a three lot P.U.D. Current zoning and general plan would only permit the former and not the latter. 3) The County file for the apartment project needs to be reviewed to verify that all conditions therein have been met. 4) There appears to be a possible encroachment problem with the property to the south; garage roof overhang extends beyond condominium fence line; and driveway appears to be partially on subject lot. Driveway should either be physically moved or an easement granted. 5) Curb, gutter, and sidewalk improvements may be a concern. Since the Subdivision Review Board meeting, the applicant has com- plied with notice to tenant requirements of the 1981 Subdivision Map Act. FINDINGS 1. The application as presented is exempt from the requirements of C.E.Q.A. 2. The application as submitted conforms to the applicable zoning and subdivision regulations and is consistent with the 1980 Atascadero General Plan. RECOMMENDATION Based upon the above findings , the Planning Department recommends approval of Tentative Tract Map AT 810121 :1 subject to the follow- ing conditions : 1. The applicant shall establish Covenants, Conditions , and Re- strictions (CC&Rs) for the regulation of land use, control of nuisances and architectural control of all buildings and facilities. • a. These CC&Rs shall be submitted for review and approval by the City Attorney and the Planning Department prior to approval of the Final Map. Page Three re: Tentative Tract Map AT 810121 :1 (Little) June 1, 1981 b. These CC&Rs shall be administered by a Condominium Home- owner ' s Association. 2. The applicant shall comply with the following sections of the 1981 Subdivision Map Act: a. Section 66427 .1 (c) provision for 180 day written notice of intention to convert prior to termination of tenancy. b. Section 66427 .1 (d) right to purchase unit for 90 days at same or more favorable terms . C . Section 66452 . 8 notice to new tenants that units are being converted. 3 . The encroachment of the existing driveway along the southerly portion of Lot 6 shall be eliminated prior to recording of the Final Map; either by recording an easement across the subject property or by relocating the driveway off the subject property. 4. Applicant shall install concrete curb, gutter, and sidewalk • along the Marchant and Alcantara frontages of the subject property prior to approval of the Final Map. a. Offers of dedication shall be provided along the property frontages, if necessary. b. Said improvements shall be constructed underaninspection agreement and encroachment permit issued by the Public Works Department. C. Improvements may be deferred by improvement bond or similar guarantee. 5. That all conditions of approval herein specified are to be complied with prior to the filing of the Final Map. 6 . Approval of this Tentative Tract Map shall expire 18 months from the date of this approval unless an extension of time is granted pursuant to a written request prior to the expi- ration date. 7 . A Final Map in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. • Page Four re : Tentative Tract Map AT 810121 :1 (Little) June 1, 1981 a. Monuments shall be set at all new property corners and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation, unless certification is received that corners are already monumented. b. A final title policy (CLTA or ALTA) shall be submitted for review in conjunction with the processing of the Final Map. ACTION The Planning Commission should by motion direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and set conditions. TO DENY: Motion setting findings for denial. • REPORT PREPARED BY: MARY Y: MARY E, BEATIE Associate Planner REPORT APPROVED LAWRENCE STEVENS Planning Director • - /Ps • • M it • � ��►- ;gip, � ,,; � . , ; , ��;:'��� A�������. •�/' �j�-� � .'rl��• _ter �� 111 111191111 11 111 Poll 41,IN tool, RAI MAP f L tliirt , �1OWMA ,, ire�r��. s �- • �� as -� •�e � �. � \ JimJIM- mss' , . - • low" WA MID � �_ � � ��tia•�a �`� ;.\����, ` � /� t Vly 9 0 ' � V6Y1 p � } t .ct,• �, T 48- 6 2 i/ �% /9 S 5 26 44 \ ,� •.r , 10 9 27 ., 43 P. •PS�s S 2842 � •�� .. �.ti Yi, 29 .41 4 0 30 �FILL UA 6 1 A 31 I 1 3334 i 35 36C 37 7,,� - 32 ` b# - R-2 �7j070/— Q0� c l8 R770S25 / 7-C) �9 �8 \3 8-4 /g — y 3 ` , 2) 6 2 c s 2 1 P�-.�ti•, t , f `6 2 ° 4 /$ 22 Zq bJ 24 26 13 /3 25 14 /2 26 T i 18 42 20 27 12 10 ® I'� B I I 29 0 9 9 21 29 g � 10 30 9 ;f- ��p 23 q 30 g 3i 2! f- 7. 23 8 32 r "N" 1� -- 24, X09 Q" • .o�'i �� 6 22 20 ' 05 ._ FILL 7 33 �5 5 - 24� D(532) 3 4 1 2 3 :fin v `FILL 6 3 4/1 4 _2_C3 �` �s 7..OA)/A)G MAP 28 .5-A - P� p I-Wwaea r!�„ 4 co'77 29 PM'29P u7i072036 2 P-22// AT8/O/0'l -moo► , � \ J�'�f ��.. Y%--.��/ � \ Z� � i� �I jt 1 i • fS 14 -OZ7, IC ip 4.1 Y rE1VTAT 05 MAP - - -- :;goo 4164ntarA- 4O ,51cck Glf�- 1�-TSID/�/•'I • M E M 0 RAN D U M --- - TO: CITY MANAGER June 3 , 1981 FROM PLANNING DIRECTOR SUBJECT: TENTATIVE TRACT 777 LOCATION: 5625-55 Capistrano APPLICANT: F.E. McNamara (Westland Engineering) REQUEST: To allow a 16 unit air-space condominium conversion On May 18 , 1981 the Planning Commission conducted a public hearing on the subject matter unanimously adopting Findings 1-2 and ap- proving the condominium conversion subject to Conditions 1-5 as set forth in the attached Staff report. There was some discussion among the Commission concerning possible effects on tenants, but it was the consensus of the Commission that the conversion complied with applicable regulations and that . the applicant was making efforts to minimize effects on the tenants . Mr. McNamara, the applicant, pointed out the reduced purchase price to be offered to tenants and the relocation assistance to non- purchasers. He indicated agreement with the recommendation. No one else appeared on the matter. Tenants were sent copies of hearing notices and Staff Reports as required by the Subdivision Map Act. CX U�+wLGr�GL, ,y LAWRENCE STEVENS M YL WARDEN Planning Director Cit Ma ager • /Ps — � CITY OF ATASCADERO IF �«•�• 1G f "J) ci 7 19 9, Planning ,Department May 18 , 1981 -STAFF REPORT SUBJECT: Tentative Tract 777 LOCATION: 5625-5655 Capistrano (Parcels A & B of CO 76-216) APPLICANT: F.E. McNamara (Westland Engineering) REQUEST: To allow a 16-unit air space condominium conversion BACKGROUND 1 . Existing Zoning : R-2-B-2-D 2. General Plan: High Density Multiple Family 3 . Environmental Determination: The Planning Director has deter- mined the project to be a class 1 Categorical Exemption according to the provisions of C.E.Q.A. 4. Site Conditions: The site is currently developed with a 16 unit apartment complex. Access to the project is via three driveways off Capistrano. There are currently 25 open parking spaces provided. The site is also improved with paved parking and access, two trash enclosures, and landscaping, 5. Project Description: The applicant is proposing to subdivide 16 existing apartment units into air space condominiums. The applicant has indicated that in an effort to reduce the impact of the proposed conversion on the tenants, they will be offered the right to purchase their units for a price 4% below that offered to other purchasers . This right shall be available for 90 days following final governmental approval for sale . Additionally, in the event the tenants do not elect to pur- chase their unit, the applicant will refund one and one half months rent in order to help them relocate. This rent re- fund is contingent on their being tenants at the time of final government approval, and upon their vacating the units within six months from the time the project has been approved by all agencies. STAFF COMMENTS At the termination of the condominium moratorium late last year, l this application was considered withdrawn pending notification from the applicant to reactivate the file with updated information etc. Shortly after the first of the year, the City became aware • Page Two Tentative Tract 777 (McNamara) May 18, 1981 of changes in the 1981 Subdivision Map Act which were requiring certain notice procedures to apartment tenants prior to an owner filing for a condominium subdivision, This applicant was subse- quently notified of these new requirements and was advised that failure to comply could constitute grounds for denial of a tract map after filed as provided by the Map Act. This applicant has now complied with Sections 66427 .1 and 66452 . 8 of the 1981 Subdivision Map Act regarding these notice requirements to apartment tenants prior to the filing of their tentative map. The application was reviewed with the applicant and his represen- tative at the Subdivision Review Board on Thursday, March 5, 1981 . In attendance at that meeting were: F.E. and Bill McNamara, applicants, Gerald Shipsey, their attorney, Larry ,Stevens, Planning Director; Mary Beatie, Associate Planner; John Kennaly, Assistant Civil Engineer; Don Sylvia, Fire Chief; and Shirley Moore, Planning Commissioner. The following items were discussed at that meeting: 1. Tenant protection package should be submitted for considera- tion. 2. Applicant indicated retention basin on the site is not working properly and would like to work out something with the City to eliminate it and provide alternate drainage improvements. 3 . Applicant plans to prepare CC&Rs for City's review. 4 . Applicant will notify Staff by letter of their willingness to comply with State ' s new notice requirements. FINDINGS 1 . The application as presented is exempt from the requirements of C.E.Q.A . 2 . The application as submitted conforms to the applicable zoning and subdivision regulations and is consistent with the- 1980 Atascadero General Plan. RECOMMENDATION Based upon the above findings, the Planning Department recommends approval of Tentative Tract 777 subject to the following conditions : Page Three Tentative Tract 777 (McNamara) May 18 , 1981 1. The applicant shall establish Covenants, Conditions, and Restrictions (CC&Rs) for the regulation of land use, control of nuisances and architectural control of all buildings and facilities. a. These CC&Rs shall be submitted for review and approval by the City Attorney and the Planning Department prior to approval of the Final Map. b. These CC&Rs shall be administered by a Condominium Home- owner' s Association. 2 . The applicant shall comply with the following sections of the 1981 Subdivision Map Act: a. Section 66427 .1 (c) provision for 180 day written notice of intention to convert prior to termination of tenacy. b. Section 66427 .1(d) right to purchase unit for 90 days at same or more favorable terms. C. Section 66452.8 notice to new tenants that units are being • converted. 3 . That all conditions of approval herein specified are to be complied with prior to the filing of the Final Map. 4 . Approval of this Tentative Tract Map shall expire 18 months from the date of this approval unless an extension of time is granted pursuant to a written request prior to the expi- ration date 5. A Final Map in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation, unless certifica- tion is received that corners are already monumented. b. A Final title policy (CTLA or ATLA) shall be submitted for review in conjunction with the processing of the Final Map. • Page Four Tentative Tract 777 (McNamara) May 18 , 1981 ACTION The Planning Commission should by motion direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and set conditions. TO DENY: Motion setting findings for denials REPORT PREPARED BY: - MARY E BEATIE Associa e Planner REPORT APPROVED BY: � LAWRENCE STEVENS Planning Director /Ps • 12 A5 29 13 14 47 2848 in / 49 2 50 ' 12 ' . /0 _ 17� � o Ito �y• o --- ,• ill Q�ro2o g2o o •ms`''s o�., � T• qy► Pq)57 IN N. d� 2p c' 34 tip/ 4 C q 2 z � ubso+zap � C � Ic. FNN. • /9 C27 •� •\\` ' VrAl 3 0 z 9 MAP \ ?"tact 7177 AS - 7 t U72maz3., �' 5cL7e7.5 Capp-37 r-4 o t ! F �, WEST .,nrL T> j,j Ar 7+ En / o m N 3'ei- Zi 1 r f — fDn _ m kx ft cc J F1 � ''" r .�iP1t; �; I a s�, y�a•� % � � s lro � - d� G ens , I yr _ tq n • a to S, o IPi Di ju 10 O cn IM 4 in rn O-fli 1 �A i" --, / �. '._.- ,� n ;,i�-•,, iK�� rn z CD acs, Fn t;aj1 vM16 i., m n In A til ci o`p coo, DMQ CM, !nim rn 00 tp I r co G' ', }i •? Cute �–� --1 ' 71 n. VAA - C- \\- $K 7A R \ �( „ ys� �s • �� — - ---'-. .---- —JLC rX _ VSSl r M ^ C IN N ` 1 4 5 ��l,if• � I '�� 1 ~' IN �I N � 1! �` �-c, � K� 9r �1 �`—' –_ + • II F eta <� - M E M O R A N D U M TO: CITY MANAGER June 3, 1981 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE TRACT 830 LOCATION: 7605 and 7655 Santa Ysabel (Lots 12 & 13, Block GA) APPLICANT: Keith and Murl Bruington (Mitch Walker) REQUEST: To allow a 27 unit air-space condominium conversion On May 18, 1981 the Planning Commission conducted a public hearing on the subject matter unanimously adopting Findings 1-2 and approv- ing the condominium conversion subject to Conditions 1-16 as set forth in the attached Staff Report with the addition of the following condition: "7. On-site drainage improvements are to be reviewed with the Public Works Department and any modifications or additional maintenance shall be made prior to approval of the Final Map. " • The Commission discussed the possible effects of the conversion on existing tenants, existing drainage problems and the need for curb, gutter and sidewalks. It was the consensus of the Commission that the conversion complied with applicable regulations and that effort was being made to minimize tenant impacts. It was also concluded that sidewalks are necessary in areas designated for High Density Multiple Residential use. Mitch Walker, applicants ' representative, and Keith and Murl Bruington appeared on behalf of the request and indicated their concurrence with the recommendation except for requiring sidewalks which they felt were premature and which could be constructed with an assessment districts. The applicants pointed out an allowance to existing tenants towards the down payment and phasing of the conversion to reduce effects on tenants. The applicants also offered an explanation of the drainage situation Fred Metzger, representing a neighboring property owner, and Ina Parker, a complex resident, appeared pointing out drainage prob- lems with the project. No one else appeared on the matter. Tenants were sent copies of hearing notices and Staff Reports as required by the Subdivision Map Act. �Guvl,�rvt,C, ���fiYt� LAWRENCE STEVENS IIRAY WARDED Planning Director city Ma/pager CITY OF ATASCADERO Planning Department May 18, 1981 1913 a C r rn+r 1979 � `ASCADO. STAFF REPORT SUBJECT: Tentative Tract 830 LOCATION: 7605 and 7655 Santa Ysabel (Lots 12 and 13, Block GA) APPLICANT: Keith and Murl Bruington (Mitch Walker) REQUEST: To allow a 27 unit air space condominium conversion BACKGROUND 1. Existing Zoning: R-2-B-2-D 2. General Plan: High Density Multiple Family Residential 3. Environmental Determination: The planning Director has deter- mined the project to be a Class 1 Categorical Exemption according to provisions of CEQA. 4. Site Conditions: The site is currently developed with a 27 • unit apartment complex. Access to the site is via one drive- way off Santa Ysabel. There are 54 open spaces provided. Two of the rental units are single family dwellings, one with a detached 2-car garage. The site is also improved with paved parking and access, two laundry rooms, two trash en- closures, concrete walkways to each building, and landscaping. The site slopes gently down from east to west. 5. Project Description: The applicant is proposing to subdivide two existing apartment projects of 27 rental units into air space condominiums. In letters to the Planning Department, the applicant has indicated the project will be phased, though no further details regarding timing and number of units being released for 'sale in each phase has been submitted to date. The applicant has also written to each tenant offering anyone who wishes to purchase their unit a $1500 .00 cash allowance toward their down payment; with the approximate purchase price of the unit being $55,000 .00 Any tenant not wishing to purchase their unit will be given a minimum of a 90 day notice in which to relocate. STAFF COMMENTS At the termination of the condominium moratorium late last year, this application was considered withdrawn pending notification from the applicant to reactivate the file with updated informa- tion etc. Shortly after the first of the year, the City became • Page Two Tentative Tract 830 (Bruington) May 18, 19`81 aware of changes in the 1981 Subdivision Map Act which were requiring certain notice procedures to apartment tenants prior to an owner filing for a condominium subdivision. This applicant was subsequently notified of these new requirements and was ad- vised that failure to comply could constitute grounds for denial of a tract map after filed as provided by the Map Act. This applicant has now complied with Sections 66427. 1 and 66452. 8 of the 1981 Subdivision Map Act regarding these notice require- ments to apartment tenants prior to the filing of their tentative map. The application was reviewed with the applicant and his represen- tative at the Subdivision Review Board on Thursday, March 5, 1981. In attendance at that meeting were Keith and Murl Bruington, applicants, Mitch Walker, their representative; Larry Stevens, Planning Director; Mary Beatie, Associate Planner; John Kennaly, Assistant Civil Engineer; Don Sylvia, Fire Chief; and Shirley Moore, Planning Commissioner. The following items were discussed at that meeting: i1. Project '.consists of two single family dwellings and 25 apartment units. 2. Vacancy rate for project was indicated to be approximately 7% to 100 . 3. The applicant intends to have some kind of an incentive pro- gram to encourage tenants to purchase their units. 4. Applicant indicated willingness to comply with the State 's 60 day notice requirements. 5. Applicant indicated desire to phase their sales program. 6. Inability to pursue a P.U.D. based on General Plan lot size requirements being prohibitive for a condominium project. 7. Ability to require curb, gutter and sidewalk by provisions of the General Plan. 8 . Units were built with party-wall construction with the express idea of one day trying to convert them to condominiums. • Page Three Tentative Tract 830 (Bruington) • May 18, 1981 FINDINGS 1. The application as presented is exempt from the requirements of C.E.Q.A. 2. The application as submitted conforms to the applicable zoning and subdivision regulations and is consistent with the 1980 Atascadero General Plan. RECOMMENDATION Based upon the above findings, the Planning Department recommends approval of Tentative Tract 830 subject to the following conditions: 1. The applicant shall establish Covenants, Conditions, and Re- strictions (CC&Rs) for the regulation of land use, control of nuisances and architectural control of all buildings and facilities. a. These CC&Rs shall be submitted for review and approval • by the City Attorney and the Planning Department prior to approval of the Final Map. b. These CC&Rs shall be administered by a Condominium Home- owner ' s Association. 2. The applicant shall comply with the following sections of the 1981 Subdivision Map Act: a. Section 66427. 1 (c) provision for 180 day written notice . of intention to convert prior to termination of tenancy. b. Section 66427. 1 (d) right to purchase unit for 90 days at same or more favorable terms. C. Section 66452 . 8 notice to new tenants that units are being converted. 3. Applicant shall install concrete curb, gutter, and sidewalk alongthe Santa Ysabel frontage of the subject property prior to approval of the Final Map. a. A five foot offer of dedication shall be provided along the Santa Ysabel frontage, if necessary. b. Said improvements shall be constructed under an inspection agreement and encroachment permit issued by the Public Works Department. C. Improvements may be deferred by improvement bond or similar guarantee. • Page Four Tentative Tract 830 (Bruington) May 18, 1981 4. That all conditions of approval herein specified are to be complied with prior to the filing of the Final Map. 5. Approval of this Tentative Tract Map shall expire 18 months from the date of this approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 6. A Final Map in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation, unless certification is received that corners are already monumented. b. A Final title policy (CTLA or ATLA) shall be submitted for • review in conjunction with the processing of the Final Map. ACTION The Planning Commission should by motion direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and set conditions. TO DENY: Motion setting findings for denial . REPORT PREPARED BY: MARY E. e EATIE Associa Planner REPORT APPROVED BY: 4vu� LAWRENCE STEVENS Planning Director /Ps � /off • \ 0 AN DRES AVE. 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I' � � i .F• ,.-s �� t • —M—E M_O—R A_N_D U M_: TO: CITY MANAGER June 2, 1981 FROM: PLANNING DIRECTOR SUBJECT: Resolution concerning appeal by McCarthy',' s Restaurant On May 11, 1981 the City Council denied the appeal of conditions imposed on the building permit for the above-referenced project and directed preparation of a resolution (or findings) in support of that action. It should be pointed out that Councilmen not present at the public hearings cannot vote on the resolutions unless they review testimony presented at that hearing (i.e. Staff report, listening to tape recordings, etc. ) and determine that they are sufficiently informed to vote on the matter. /,��'" �' ���✓w�� � � ,�' �,� Based upon the two abstentions," nd one absence anticipated when these resolutions are considered for adoption, the City Attorney • has indicated that two affirmative votes are sufficient to adopt the resolutions since a quorum existed at both meetings. /O'Wurv�.. LAWRENCE STEVENS .0 Y L WARDEN Planning Director Ci y AIa ger • /ps i RESOLUTION NO. 7-81 • A RESOLUTION OF THE ATASCADERO CITY COUNCIL DENYING AN APPEAL CONCERNING CERTAIN CONDITIONS PLACED ON BUILDING PERMIT N0. 493 IN C014JUNCTION WITH ALTER- ATIONS PURSUANT TO THE ESTABLISHMENT OF McCARTHY'S RESTAURANT AT 6195 EL CAMINO REAL WHEREAS, the Atascadero City Council conducted a hearing on the appeal filed by John Scholz on behalf of Consolidated Proper- ties Corporation, owner of the subject property and building; and, WHEREAS, it is the responsibility of the City of Atascadero to assure that public assembly uses such as restaurants are pro- vided with adequate egress and, WHEREAS, the subject building did not comply with exiting requirements set forth in the Uniform Building Code and in the State Fire Marshall ' s regulations; and, WHEREAS, conditions regarding the use of the second floor and the existing side doors set forth on Building Permit No. 493 are intended to minimize public use of existing non-complying and potentially hazardous exits and to protect the public safety in a manner consistent with the aforementioned regulations. NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council does hereby deny the appeal concerning certain conditions placed on Building Permit No. 493 in conjunction with alterations pursuant to the establishment of McCarthy ' s Restaurant at 6195 E1 Camino Real. On motion by Councilman and seconded by Council- man , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES; NOES ABSTAIN: ABSENT: DATE ADOPTED: June 8 , 1981 ROBERT J. WILKINS, JR. , Mayor ATTEST: MURRAY L. WARDEN, ity Clerk APP S TO FO ALLEN GRIMES, City Attorney • 2 q M E M O R A N D U M TO: CITY MANAGER June 2, 1981 FROM: PLANNING DIRECTOR SUBJECT: Resolutions affirming City Council action on General Plan Amendments On May 11, 1981 the City Council conducted public hearings on eight general plan amendments and, upon making decisions on each, directed the preparation of resolutions to approve or deny the various amendments. A resolution for each amendment is attached. It should be pointed out that Councilmen not present at: the , public hearings cannot vote on the resolutions unless they review testimony presented at that hearing (i .e. Staff report, listening to tape recordings, etc. ) and determine that they are sufficiently informed to vote on the matter. ���� Based upon the two abstentions'arid one absence anticipated when 5 • these resolutions are considered for adoption, the City Attorney has indicated that two affirmative votes are sufficient to adopt the resolutions since a quorum existed at both .meetings. /c4v� LAWRENCE STEVENSY L WARDEN Planning Director Ci y M ager /Ps 9 0 /� "-,) q,-" • RESOLUTION NO. 8-81 - A RESOLUTION OF THE ATTASCADERO CITY COUNCILAPPROVING GENERAL PLAN AMENDMENT GP 801101:1 AMENDING THE TEXT OF THE CIRCULATION ELEMENT CONCERNING THE FUTURE LOCATION OF HIGHWAY 41 TO SUPPORT THE MERCEDES ALIGNMENT WHEREAS, the Atascadero City Council conducted a public hearing on the subject matter; and, WHEREAS, Government Code Section 65323 provides that a gen- eral plan be amended by the adoption of a resolution; and, WHEREAS , the Curbaril route is used by many travelers familiar with the area but formal designation of it as Highway 41 seems in- appropriate because of existing single family residential develop- ment and potential right-of-way problems; and, WHEREAS, undesirable design deficiencies indicate that the existing routing of Highway 41 northerly of Freeway 101 is unac- ceptable to the community in the long range time frame; and, WHEREAS, the Mercedes route can be designed to mitigate concerns regarding the bisection of the community and the visual impacts on • Pine Mountain and further hearings concerning the design are still necessary; and, WHEREAS, the opportunity to minimize the deficiencies associated with the existing route can best be realized by retaining the Mer- cedes alignment; and, WHEREAS, approval of the general plan amendment should not result in any significant environmental impacts provided that appro- priate mitigation measures are introduced. Furthermore, additional environmental review will be necessary. NOW, THEREFORE, BE IT RESOLVED THAT THE Atascadero City Council does hereby approve General Plan Amendment GP 801101 :1 amending the text of the Circulation Element concerning the future location of Highway 41 to support the Mercedes alignment, as follows : 1. Revise pages 122-3 of the Circulation Element to read as follows : "Highway 41 bisects the community at right angles to Freeway 101 . The eastern half runs through part of the CBD, directly between two schools and through a densely populated residential area. Proposed plans to realign and improve Highway 41 along the Mercedes route would: • Page Two RESOLUTION NO. 8-81 a. Eliminate the truck traffic hazard on West Mall in the area of the Atascadero Junior High and Lewis Avenue Elementary School campuses . b. Eliminate truck traffic at the very narrow bridge dogleg over Atascadero Creek. C. Prevent trucks reaching the Southern Pacific under- pass on Capistrano Avenue with its impaired vertical clearance of 13 ' -6 . Design of Highway 41 along the Mercedes alignment should attempt to minimize the visual impacts on Pine Mountain and should, with regard to roadway width and residential driveway access, be similar to that of surrounding City streets to minimize any appearance of bisecting the community. When rerouting of Highway 41 does take place, adequate pedestrian and bicycle pathways shall be provided. (This is followed by the Section entitled Divided Arterials) 2 . Modify paragraph (c) of the Section entitled Undivided Arterials on Page 123 by deleting the underlined portions : "Curbaril Avenue from Morro Road to the Salinas River • crossing which should become the main connecting route between Highway 41 and the river crossing. It is already a major local traffic route and is also characterized by lack of adequate shoulders for non-automobile traffic. 3. Modify Circulation Policy Proposals on Page 130 to read as follows 113 . Highway 41 shall be realigned and improved northerly of Freeway 101 along the adopted Mercedes alignment. 4 . Design of the roadway along the Mercedes alignment should minimize visual impacts to Pine Mountain and should mitigate concerns associated with bisection of the community. On motion by Councilman and seconded by Councilman , the foregoing resolution is adopted in its entirety by the following vote: • Page Three RESOLUTION NO 8-81 5 AYES : NOES: ABSTAIN: ABSENT: DATE ADOPTED: June 8 , 1981 ROBERT J. WILKINS, JR. , Mayor ATTEST: MURRAY L. WARDEN, Ci APPROV AS TO FORMy Clerk • : ALLEN GRIMES, City Attorney • RESOLUTION NO. 9-81 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING GENERAL PLA14 AMENDMENT GP 810108 :1 CHANGING THE LAND USE DESIGNATION FROM HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL TO RETAIL COMMERCIAL FOR CERTAIN`' PROPERTY ALONG SOUTH MALL EXTENSION AND CAPISTRANO NEAR SANTA YSABEL WHEREAS, the Atascadero City Council conducted a public hear- ing on the subject application filed by Don Messer; and, WHEREAS, Government Code Section 65352 provides that a general plan be amended by the adoption of a resolution; and, WHEREAS, approval of the requested amendment to Retail Commer- cial is appropriate in order to realize opportunities to expand and enhance the Central Business District, to improve area-wide circula- tion and to provide increased economic potential for the City; and, WHEREAS, the proposed change to Retail Commercial in an area of transitional land use patterns is appropriate based upon existing and potential development in the area and physical', features existing in the vicinity; and, • WHEREAS, it is especially important to provide additional circulation linkages to facilitate CBD expansion and mitigate circulation deficiencies; and, WHEREAS, approval of the general plan amendment should not result in any significant environmental impacts provided that appropriate mitigation measures are introduced. Additional en- vironment review may, however, become necessary at; the project design phase in order to mitigate site considerations . NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council does hereby approve General Plan Amendment GP 810108 :1 changing the land use designation from High Density Multiple Family Residential to Retail Commercial for certain property along South Mall Extension and Capistrano near Santa Ysabel as shown on attached Exhibit A which is hereby made a part of this resolution by reference. On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following vote; • Page Two RESOLUTION NO. 9-81 AYES: NOES : ABSTAIN: ABSENTS DATE ADOPTED: June 8 , 1981 ROBERT J. WILKINS, JR. , Mayor ATTEST: MURRAY L. WARDS , City Clerk APPROVED AS TO ORM: ALLEN GRIMES, City Attorney • D In D -o RETAIL ILL� S� Y Z s k t L7.-.���rM r'�.�,ti� �i'�c%✓�!'�Ell,'7�' �,� c4/O108�/ r • RESOLUTION NO. 10-81 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING GENERAL PLAN AMENDMENT GP 810316 :1 AMENDING THE TEXT OF THE LAND USE AND HOUSING ELEMENTS CONCERNING DENSITY BONUSES FOR LOW AND MODERATE INCOME HOUSING ' WHEREAS, the Atascadero City Council conducted a public hearing on the subject matter; and, WHEREAS, Government Code Section 65323 provides that a general plan be amended by the adoption of a resolution; and, WHEREAS, density bonuses and other incentives, as provided by Government Code Section 65915 et seq present an opportunity for the City of Atascadero to positively offset housing costs and, WHEREAS, the Land Use and Housing Elements of the 1980 Atas- cadero General Plan should be amended to make provision for density bonuses and other incentives; and, WHEREAS, it is desirable to allow developers an enhanced opportunity to provide more affordable housing units; and, WHEREAS, amendment to the General Plan will not result in any significant adverse environmental impact as long as appropriate mitigation measures are introduced. NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council does hereby approve General Plan Amendment GP 810316 :1 amending the text of the Land Use and Housing Elements concerning density bonuses for low and moderate income housing, as follows: 1. Add the underlined portion on P. 60 (Land Use Element) : " . . . standard occupancy factors, does not exceed 36 individual residents per acre; except, a density bonus may be allowed, under certain circumstances, where adequate provisions are made to provide housing units affordable to low and moderate income persons . " 2. Add the underlined portion on p. 61 (Land Use Element) - .. . . . . occupancy factors, does not exceed 22 individual residents per acre; except, a density bonus may be allowed, under certain circumstances, where adequate provisions are made to provide housing units affordable to low and moderate income persons. " Page Two RESOLUTION NO. 10-81 • 3 . Add #18 under "residential Policy Proposals" the following (Land Use Element) : "18 . In conjunction with residential projects, a density bonus may be allowed, under certain circumstances, where adequate provisions are made to provide hous- ing units affordable to low and moderate income persons . Other bonus incentives, at the discretion of the City, may also be considered in lieu of the density bonus for such projects 4 . Add Section entitled "Housing Policy Proposals : as follows (Housing Element) 1 . It is desirable to encourage residential projects to provide housing units affordable to persons with low and moderate incomes by offering developers either a density bonus or other bonus incentives The type of bonus shall depend on the individual project, its location and site characteristics. A bonus shall only be offered where adequate guarantees are made to assure the desired results. " On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSTAIN: ABSENT: DATE ADOPTED: June 8 , 1981 ROBERT J. WILKINS, JR. , Mayor ATTEST: MURRAY L. WARDEN, 4ity Manager APPROVED AS TO FORM t ALLEN GRIMES , City Attorney I RESOLUTION NO. 11-81 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING GENERAL PLAN AMENDMENT GP 810316 : 2 AMENDING THE TEXT OF THE LAND USE ELEMENT CONCERNING MINIMUM LOT SIZES FOR PLANNED UNIT DEVELOPMENTS AND MOBILE HOME SUBDIVISIONS WHEREAS , the Atascadero City Council conducted a public hearing on the subject matter; and, WHEREAS, Government Code Section 65352 provides that a general plan be amended by the adoption of a resolution; and, WHEREAS, minor modifications to minimum lot size standards to facilitate planned developments for single and multiple family residences , mobile homes , and commercial park use are appropriate in order to provide additional flexibility for development pro- posals; and, WHEREAS, proposed changes in lot size standards will be con- sistent with existing densities allowed for the residential uses; and, • WHEREAS, this amendment is categorically exempt for purposes of the California Environmental Quality Act since it is not a project which can result in any physical change to the environment. NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council does hereby approve General Plan Amendment GP 810316 :2 amending the text of the Land Use Element concerning minimum lot sizes for planned unit developments and mobile home subdivisions as follows : 1. Add the underlined portion on page 59 under Suburban Single Family Residential as follows : " . . . .Lot sizes shall be 22 acres or more . Smaller lot sizes may be allowed in conjunction with planned resi- dential developments provided that the overall density within the project is consistent with other density standards contained herein. Determination of. . . . . . . . " 2 . Add the underlined portion on page 60 under Multiple- Family Residential as follows : - A minimum lot size of one-half acre providing sewers are available. Smaller lot sizes may be allowed in con- -junction with planned residential developments, including planned mobile home developments and subdivisions, pro- vided that the overall density within the'', project is consistent with other density standards contained herein. • • RESOLUTION NO. 11-81 3 . Add the underlined portion to Residential Policy Proposal No. 6 as follows (p. 62) "6 . Multi-family residential use areas shall have a minimum building site of one-half acre. Smaller lot sizes may be allowed in conjunction with^ planned residential developments, including planned mobile home developments and subdivisions , provided that the overall density within the pro- ject is consistent with other density standards contained herein. " 4 . Add the underlined portion to Heavy Commercial as follows (P. 72) : .Commercial Park. . . . .nurseries, van and storage facilities, etc. Minimum lot size shall be two acres . Smaller lot sizes may be allowed in conjunction with planned unit developments. Development criteria. . . . . On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following vote : AYES : NOES : ABSTAIN: ABSENT' DATE ADOPTED: June 8 , 1981 ROBERT J. WILKINS, JR. , Mayor ATTEST MURRAY L. WARDE City Clerk APPROVED AS TO RM: ALLEN GRIMES, City Attorney RESOLUTION NO. 12-81 A RESOLUTION OF THE ATASCADERO CITY COUNCIL DENYING GENERAL PLAN AMENDMENT GP 810316 :3 CONCERNING PER- MITTED DENSITIES IN MULTIPLE FAMILY RESIDENTIAL LAND USE DESIGNATIONS WHEREAS , the Atascadero City Council conducted a public hearing on the subject matter; and, WHEREAS, residential densities set forth in the General Plan are intended to assure open space and to maintain a rural charac- ter unique to the community and any significant change in those densities may be detrimental to those stated goals; and, WHEREAS, density does not appear to be a major factor in the lack of multiple family construction, although it probably makes some contribution to it; and, WHEREAS, there has been insufficient time to evaluate the effects of residential densities set forth in the General Plan since it has been in existence only a short time; and, WHEREAS, population capacities identified in the General Plan would be adversely affected unless there were corresponding shifts in other standards and criteria. NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council does hereby deny General Plan Amendment GP, 810316 :3 concerning permitted densities in multiple family residential land use designations. On motion by Councilman and seconded by Council- man , the foregoing resolution is .hereby adopted in its entirety on the following vote : AYES: NOES: ABSTAIN: ABSENT: DATE ADOPTED: June 8 , 1981 ROBERT J. WILKINS, J'R. , Mayor ATTEST: MURRAY L. WA �N, City Clerk APPROVED AS T FORM: ALLEN GRIMES, City Attorney • RESOLUTION NO. 13-81 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING GENERAL PLANT AMENDMENT GP 810316 : 4 AMENDING THE TEXT OF THE LAPID USE ELEMENT RELATING TO FUTURE INDUSTRIAL DEVELOPMENT WHEREAS, the Atascadero City Council conducted a public hearing on the subject matter; and, WHEREAS, Government Code Section 65352 provides that a general plan be amended by the adoption of a resolution; and, WHEREAS, the analysis of industrial needs intended to provide enhanced employment opportunities and to encourage a broadened and diversified economic base should be considered; and, WHEREAS, additional investigation and review of potential industrial sites is desirable, but specific site-related changes depend upon further studies; and, WHEREAS, environmental review of this proposed amendment is unnecessary since it is not a project which can result in a physical change to the environment as defined by the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council does hereby approve General Plan Amendment GP 810316 :4 amending the text of the Land Use Element relating, to future in- dustrial development, as follows : 1) Additional Industrial Policy Proposal #5 on page 74 as follows: "5. Further review and analysis, including economic studies, should be made concerning industrial needs in order to enhance employment opportun- ities and to encourage a broad and diversified economy within the City. Potential sites for future industrial development should be evalua- ted in conjunction therewith. " On motion by Councilman and seconded by Councilman J. the foregoing resolution is hereby adopted in its entirety on the following vote: • II Page Two RESOLUTION NO, 13-81 • AYES : NOES: ABSTAINc ABSENT: DATE ADOPTED: June 8 , 1981 ROBERT J. WILKINS, JR. , Mayor ATTEST: MURRAY L. WARDS , City Clerk APPROVED AS TO LRM: • ALLEN GRIMES, City Attorney RESOLUTION NO. 14-81 � A RESOLUTION OF THE ATASCADERO CITY COUNCIL DENYING GENERAL PLAN AMENDMENT GP 810325: 1 CONCERNING A REQUESTED CHANGE IN LAND USE DESIGNATION FROM .SUBURBAN SINGLE FAMILY RESIDENTIAL TO MODERATE DENSITY SINGLE FAMILY RESIDENTIAL FOR CERTAIN PROPERTY FRONTING ON VIEJO- CAMINO AND EL CAMINO REAL BETWEEN THEIR INTER- SECTION AND SANTA BARBARA ROAD (PORTION OF LOTS 2 , 3, 415, AND 6 OF BLOCK 66) - WHEREAS, the Atascadero City Council conducted a public hearing on the subject application filed by Michael Frederick; et al; and, WHEREAS, the subject properties are located outside of the Urban Services Line and have no opportunity in the :near future to access community sewers indicating that a different land use designation and corresponding smaller lot sizes are inappropriate and, WHEREAS the requested amendment is not consistent with Land Use and Residential Policy Proposals identified in the 1980 Atas- cadero General Plan; and, WHEREAS, piecemeal amendments to a plan with comprehensive aims are detrimental to the very meaning of such ajplan especially for a request such as this which is highly contradictory to certain basic aims. NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council does hereby deny General Plan Amendment GP 810325: 1 concerning a requested change in land use designation from Suburban Single Family Residential to Moderate Density Single Family Residential for certain property fronting on Viejo Camino and El Camino Real between their intersection and Santa Barbara Road. ' On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: • Page Two RESOLUTION NO. 14-81 AYES: NOES : ABSTAIN: ABSENT: DATE ADOPTED: June 8 , 1981 ROBERT J. WILKINS , JR. , Mayor ATTEST: MURRAY L. WARDEN, City Clerk APPROVED AS i F ------- -- - 0 ALLEN GRIMES, City Attorney • RESOLUTION NO. 15-81 A RESOLUTION OF THE ATASCADERO CITY COUNCIL DENYING GENERAL PLAN AMENDMENT GP 810325:2 CONCERNING A REQUESTED CHANGE IN LAND USE DESIGNATION FROM MODERATE DENSITY SINGLE FAMILY RESIDENTIAL TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL FOR A CERTAIN PROPERTY LOCATED AT 7565 SOMBRILLA (LOT 3 of BLOCK E) WHEREAS, the Atascadero City Council conducted a public hearing on the subject application filed by Helen Walley; and, WHEREAS, lot sizes established under prior general plans and zoning ordinances are not, in and of themselves , sufficient to warrant the requested change in land use designation; and, WHEREAS, consideration of only the subject property is inappropriate and would reduce the scope and importance of general plan principles intended to govern comprehensive rather than piecemeal land use problems; and, WHEREAS, the potential cumulative effects of 'changes such as is proposed could dictate comprehensive review of major general plan policies and proposals. NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council does hereby deny General Plan Amendment GP810325: 2 concerning a requested change in land use designation from Moderate Density Single Family Residential to High Density Single Family Residential for a certain property located at 7565 Sombrilla. NOW, THEREFORE, BE IT RESOLVED that the subject property and surrounding area be reconsidered with the next scheduled General Plan review cycle after further study of existing lot sizes in this and similar areas where only a few remaining lots exceed established minimum lot sizes . On motion by Councilman and seconded by Council- man , the foregoing resolution is hereby adopted in its entirety on the following vote: Page Two RESOLUTION NO. 15-81 AYES : NOES: ABSTAIN: ABSENT: DATE ADOPTED June 8 , 1981 ROBERT J. WILKINS, JR. , Mayor ATTEST: MURRAY L . WARDEN, ty Clerk APPROVED AS TO FORM• t ALLEN GRIMES , City Attorney 0 0 M_E_M_O_R_A N_D_U_M_ f • TO: City Council FROM: City Manager SUBJECT: Revenue Sharing Hearing In accordance with Federal requirements, hearings must be held prior to adoption of a budget by either the City Manager or the City Council to receive citizens requests for allocations of Revenue Sharing funds. This year we will have available $165, 946 , $7 , 300 of which was allocated last year but not spent. Because of the Federal fiscal year which ends September 30 , 1981, there will be some differences in allocation periods as compared to our budget year, however, the total amount of monies received will be the same. In considering Revenue Sharing projects, we have attempted to allocate only one-time projects , primarily capital , on the theory that Revenue Sharing' s future is not guaranteed; therefore, using these funds to establish on-going programs would cause a problem if the funds were withdrawn. As a matter of fact, this was a major concern to some cities, for example the • City of San Jose, who had used Revenue Sharing to pay salaries of their Police Department. Any cuts, therefore, would cause serious disruptions of their established levels of service. You have a request before you from Action for Animal Rights (AFAR) requesting $5, 000 to make up a $5, 000 reduction by the County of a previous $10, 000 allocation. The County will continue to provide, during this next year, $5, 000 to AFAR to help in its spay/neuter program. I will have more information to present to you verbally on this matter. The expenditures proposed in the budget involve one- time purchase of capital items and I would recommend that Revenue Sharing continue to be allocated for these types of items . Should you desire to support the AFAR, request, then the allocation could come from general reveues as well as from General Revenue Sharing. Adjustments to the overall expenditure picture would have to be made in any event. Tonight' s hearing is simply to take requests. You will be required to hold another hearing before you can adopt or deny such requests. I would recommend that Council retain its past policy of using Revenue Sharing for capital acqui- sitions as compared with funding services. M RAY WARDEN MLW:ad 6-4-81 co �r �r Z NE CL) M to rn �r 00 > 7 '_ 'w LO t.0 LL- -4 r-1 r-I r-f c to o N cy ri N r-I 00 r-1 ri r--1 1 O 00 dl .--1 � r•-I r--I E to 1p Ur N N N Z w r-i H a x ar 0 w w c cr �- lidco � E ty" J - M Q LL7 1 U z Z � ZW LL O a a E N W 2 o O N ro M O �-I O W >1 ( H a �4 :1 z �4 a W > U) r4N P14 ) � l1 i , co W z o0 �4 �4 w ru ti Z as 0 c v o � CN LL G Z o 0 J U ww Z a r-o O}U O CO >- G � U w N 44 fA 3 O a o _ o NN L- 0 0 0 0 0 0 0 0 Lr) 0 0 ► N Z I I Lr) NOOMoo OOo1- 00 w w 0) Ln N M u"1 V Ln W N Ln Ln tb 00 O w oF- � I W G � r-I I I Ln Lr O V NrI01 MNMLn r� f w �� rI N ir r-I W 6q W W fA W a' t (') O Z f Z Z wV) O I- Oo0o0 0C) 0Ln00 Hw �w N I I r- t` o N OO'lo OO OOOI� OO a a !-O r I r 1 O N M Ln 00 Ln 00 N Ln Ln 00 00 0 G O r I I I fit' �, . . ► . ► . 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W m NNNr-i N N N N N N 'cP 11* q;14 Ln Ln 4 O O O O O 0 0 0 0 0 0 0 O O O a NNNMIr I;r -rq:Td � I-V qzT SIC T a C) 0 0 Aa t�7 � � z FC (D o L�r1 :t1 C I 00 s; o (D C H lTJ co En I-� G) 3y n fi C7 to N o 0 ri C LQ y o b C (D �3 (D hi H fi Fj- y o i r > a � lid � z N 0 ro �-3 W HH C 0 > H rt 10 H H w r H HC I-' Ai O ti Z 0 r1- �7 1 � O✓ y rnrn �-3 i N I✓ LTJ C C) N 61 J co lfl LTJ Z d co N W 10 1 O C Cr1 00 0 0 1trJ 0 W O W OD En U1 t � � H 11 1 1 � t� LrJ CD 0 0 �' � C 1� N i • �M_ETM�O_R A N_D—U M^: TO: CITY MANAGER June 3 , 1981 FROM: PLANNING DIRECTOR SUBJECT: APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL FOR DEPARTMENTAL REVIEW R810330 :1 LOCATION: 8375 Morro Road (Lot 12 , Block EC) APPLICANT: David McMillan (Chidlaw) REQUEST: To allow conversion of an existing single family residence to a commercial office use On April 20 , 1981 the Planning Commission conducted a public hearing on the subject matter unanimously adopting Findings 1-5 , authorizing a Conditional Negative Declaration and approving the office conver- sion subject to Conditions 1-16 as set forth in the attached Staff Report with the following revisions : • 1) Parking and driveway width to be reviewed and revised as necessary; and, 2) Fire hydrant requirement to be reviewed with Fire Chief. A subsequent letter dated May 4 which is attached 'made the following revision: "5 . Provide a minimum of five (5) parking spaces . Vehicle parking and access areas shall be, paved with a minimum of two inches AC over rock base; individual parking spaces shall be paint-!.striped or otherwise indicated and provided with ''concrete wheel stops or approved functional equivalent. Paved areas shall be permanently maintained. Two-way driveway entries shall be a minimum of 17 feet in width. Submit parking plan layout for review and approval by the Planning Department prior to issuance of building permit. " The letter also contained further explanation regarding Condition #2 on the drainage moratorium, Condition #13 on curb, gutter and sidewalk, and Condition #14 on the fire hydrant. There was some discussion among the Commission concerning the curb, gutter and sidewalk requirements concerning the effect of • the upcoming Council hearing on the drainage moratorium, and con cerning conflicting information on fire hydrant requirements. The Commission also discussed the desirability of paved parking in light of the moratorium and the moratorium itself. It was Page Two • re: Departmental Review R810330 :1 (McMillan) ' June 3 , 1981 their consensus that the recommended conditions with certain revisions were appropriate. Ed Chidlaw, representing the applicant, indicated objections to or requested clarification of the following conditions : #1 - (restricting structural additions while the moratorium re- mained in effect) on the basis that the moratorium was not legal; #2 - (requiring participation in a future drainage assessment district) since the applicant did not desire to waive his right to object to an assessment district; #3 - (requiring a landscape plan to upgrade existing landscaping) since existing landscaping when cleaned up and properly maintained would be adequate; #5 - (requiring paved parking with relatedstandards) on the basis that the number of spaces required was excessive, that the driveway could not be 24 ' wide because of an existing building and that paved parking would contribute to the drainage problem; #5a - (restricting access to Amapoa) since the applicant desired access to that street; #7 — (requiring a drainage plan) on the basis that paved parking was not appropriate; #13 - (requiring curb, gutter and sidewalk on Amapoa) because they, especially the sidewalk, were inappropriate due to the mora- torium and lack of adequate information to establish curb grades;. and #14 (requiring fire hydrant) on the basis that no additional fire hazard was being created by the project. Mr. Chidlaw also expressed strong objections to the continuation of the drainage moratorium. Opposition was also indicated to the conditions on the Conditional Negative Declaration concerning Amapoa access and drainage No one else appeared on the matter. On May 27, 1981 the attached letter of appeal indicating objection • to certain conditions established by the Commission was received. • Page Three re: Departmental Review R810327 :1 (McMillan) June 3 , 1981 Subsequently, the Planning Director has met with Dave McMillan and Ed Chidlaw on the appeal. The remaining concerns are as follows: - Condition #2 concerning the future assessment district - Condition #5 concerning paved parking (it is preferred to defer paved parking with a bond until the moratorium ends and curb, gutter and sidewalk are done) - Condition #5a concerning access to Amapoa - Condition #13 concerning curb, gutter and sidewalk (it is pre- ferred to waive the sidewalk and bond for curb and gutter) - Condition #14 concerning the fire hydrant All other conditions have been resolved or explained to the applicant's satisfaction, at least pending the result of the moratorium. • LAWRENCE STEVENS MU L _ /WARDEN Planning Director City /Ps � rCITY OF ATASCADERO - �sa rXn_pre r \\� �. qr F Planning Department April 20, 1981 1915 jG � °"�C 1879 STAFF REPORT SUBJECT: Departmental Review R810330: 1 LOCATION:• 8375 Morro Road (Lot 12 , Block EC) APPLICANT: David R. McMillan (Chidlaw) REQUEST: To allow conversion of an existing single-family residence to a commercial office use. BACKGROUND 1. Existing Zoning: R-4-D(532) Multiple Family and Professional District with the "D(532) " to mean, as it applies to this application: 1. Departmental Review required of all uses - 3. All developments shall emphasize the use of natural • materials in exterior finishes, and landscaping to minimize visual impacts of structures and soften paved areas. 4 . All yard areas abutting streets shall be considered front yards requiring 25 foot setbacks, to be landscaped with natural plant materials, with no off-street parking per- mitted therein. 7. All developments shall require review and approval of drainage plans by the City Public Works Department to minimize potential flooding problems. 8. Signing shall not exceed 20 square feet aggregate area without conditional use permit approval. 2. General Plan: Special Commercial. 3. Environmental Determination: An initial study environmental form has been completed. The Planning Director has prepared a Draft Conditional Negative Declaration indicating no signi- ficant adverse environmental effects are likely to occur if certain mitigating measures are incorporated into the project. 4. Site Conditions : The site is generally flat and is developed with a single-family residence. A double garage is detached and a small guest house/cottage and an open-air covered shed are located in the backyard. Mature birch and coniferous trees are scatteredaroundthe site. There is some existing land- ra'J l wv Staff Report: Dep ental Review R810330 :1 ( ii,llan) April 20 , 1981 • scaping which is generally not well maintained. Access to the site is via Morro Road which borders the property on the north- west. The site is bounded by residential uses to the east and vacant lots to the south and west. The subject property is in the drainage moratorium. 5. Project Description: The applicant is proposing to utilize the site in its present condition of development as an Account- ing Office. Minor interior modifications are proposed to convert the single family dwelling to the main office area. Interior modifications consist of a bathroom remodel to re- move the bathtub and installation and removal of some interior non-bearing walls. The small guest house/cottage is to be used as a storage building with no proposed interior changes. The detached garage which has been used as a waw shop is to be used as a computer room. Modifications to the garage include removal of overhead exterior door and replacement with a new wall and two windows and a door. An existing wall creating a 20 ' X 8 ' area to the rear of the garage is to remain. This area is proposed to be used as a storage area and a new bath- room. Access to the site is proposed to be via the existing gravel driveway, and parking is indicated under the covered storage shed and in the area between it and the garage. STAFF COMMENTS • In light of the determination that the minor modifications proposed to convert the use of the building are not subject to the restric- tions of the drainage moratorium, there is only one concern that remains; the concern being that allowing the conversion could pos- sibly discourage voluntary participation in solutions to the area wide drainage problems . This can probably be addressed by requiring participation in any future assessment district or other method of solution determined to be appropriate to solve the area wide drainage problem. Additionally, while on the one hand it may seem contrary to the purpose of the moratorium to establish any conditions with this approval, that could be perceived as creating similar results as if new structures were built (i .e. paving or other impervious surfaces that could increase the amount or rate of run-off) . On the other hand, it has been common practice to require paved parking in conjunction with the establishment of commercial uses . The requirement for paved parking seems reasonable in this appli- cation since the "D" designation provides for the opportunity to review drainage plans which should minimize any potential flooding problems. i "�k.a�-�" ,�,j'�`t.�`r� `s"" '4aa2���a.-+.�,�'�s. a-'-Tkx�`"•-s Cs.-"'F a ..a'€ " �' r � �k .,^ . ^^�y.'rs` .^^! ��. "' `� �- 1F i. Page Three • Staff Report: Departmental Review R810330;1 (McMillan) April 20 , 1981 FINDINGS 1. The site of the proposed commercial office use can be adequate in size and shape to accommodate said use and all yards , fencing, parking, landscaping and other features required by the Atascadero Municipal Code. 2. Streets in the vicinity of the proposed use are adequate to carry the quantity and kind of traffic generated. 3 . The proposed use will have no adverse effect on abutting prop- erty or the permitted use thereof provided that there is participation in any solution conceived concerning the drainage - moratorium. 4. The establishment and conduct of the commercial office for which the Departmental Review is sought will not be detrimen- tal to the public welfare or be injurious to property or im- provements in said neighborhood. 5. The project will not have a significant adverse effect upon the • environment provided appropriate mitigation measures are introduced. RECOMMENDATION Based upon the above findings, the Planning Department recommends : A) Issuance of a Conditional Negative Declaration as follows : 1. Access shall be limited to Morro Road only. 2 . Adequate provision shall be made for drainage in conjunction with proposed improvements; and, B) Approval of Departmental Review R810330 :1 subject to the fol- lowing conditions: 1. No new structures nor structural additions to any existing structures shall be allowed until such time as the drainage moratorium is no longer in effect and the restriction on issuance of building permits for new structures is lifted. • • Page Four Staff Report: Departmental Review R810330 ;1 (McMillan) April 20, 1981 2 . The property owner shall enter into an agreement with the City to waive his right to refuse to participate in a future assessment district, or similar joint participation effort, should one be formed to solve the area-wide drain- age problem. Said agreement shall run with the land and remain in effect for a period not to exceed three years . 3 . Submit two copies of detailed landscaping and irrigation plans indicating size, type and spacing of plant materials proposed for review and approved by the Planning Depart- ment prior to issuance of building permit. -`- a. Existing, poorly maintained planted area shall be upgraded to improve the appearance of the property from Morro Road and effort shall be directed towards maintaining landscaping effect which minimizes the visual appearance of the parking and access areas. b. New plant materials shall be sized to achieve a mature appearance in three years, • C. The type of irrigation system used shall depend upon the plant materials used and their watering needs. 4 . Any additions or changes to the exterior finish of ex- isting structures may be permitted in an effort to up- grade and improve the general appearance of the structures from Morro Road. Elevations indicating proposed materials and colors of exterior finish modi- fications shall be submitted for approval by the Plan- ning Department prior to issuance of building permit. a. Any roof-mounted mechanical equipment shall be screened from view from adjacent streets and properties in a manner approved by the Planning Department. 5 . Provide a minimum of six O parking spaces . Ve icle parking and access areas shall be paved with a minimum of two inches AC over rock base; individual parking spaces shall be pain-striped or otherwise indicated and provided with concrete wheel stops or approved functional equiva- lent. Paved areas shall be permanently maintained. Two- way driveway entries shall be a minimum of 24 feet in • width. Submit parking plan layout for review and approval by the Planning Department prior to issuance of building permit. Page Five • Staff Report: Departmental Review R810330 :1 (McMillan) April 20, 1981 a. Access to Amapoa shall be prohibited. 6 . on-site signing shall be limited to an aggregate area of 20 square feet not to exceed the height of the building unless a Conditional Use Permit has been obtained. All signing to be reviewed and approved by the Planning De- partment prior to issuance of a building or sign permit. a. The overall size, color, and materials of all signs, including wall mounted signs, shall be indicated. Submit complete plans and elevations with proper dimensions for approval. 7 . Submit two sets of drainage plans indicating grade of }% buildings, proposed pavement elevations , flow lines at property boundaries , etc. for review and approval by the City Public Works and Planning Departments prior to issu- ance of a building permit. If so required by the said Departments, plans shall be prepared by a Registered Civil Engineer. 8 . Any lighting standards or fixtures shall not project above ' the roof and shall be designed to minimize on-site and off-site glare and shall be subject to review and approv- al by the Planning Department. 9. The applicant shall obtain a Change of Occupancy Permit from the Planning Department and shall subsequently ob- tain a building permit to comply with all requirements applicable to Group B-2 occupancies . In conjunction therewith, site and building plans shall also be approved by the Atascadero Fire Department. 10 . Removal of any trees is not approved at this time; future removal of trees shall be subject to first obtaining a tree removal permit per procedures specified in Title 19 of the Atascadero Municipal Code, 11 . Use of the guest house/cottage behind the single family "�x q dwelling shall be restricted for use as storage only. J Conversion to office use may be subject to increased parking and other requirements . 12 . The project shall be connected to the community sewer. Verification shall be submitted from the Atascadero Sani- tation District. In the event that the property is not connected to the sewer, connection shall be made and • septic system abandoned prior to establishing the office use. • Page Six Staff Report: Departmental Review R810330 :1 (McMillan) April 20:, 1981 Ae jJ 13. Install c crete curb, gutter and sidewalk along the Ama poa frontage of the subject property as required by Title 19 of the Atascadero Municipal Code. Said improvements to be constructed under an inspection agreement and en- croachment permit issued by the Public Works Department. 14 . Install a fire hydrant (s) of a type and size specified by the City Fire Department. Exact location (s) and manner of placement shall be subject to the approval of the Fire Department. A letter from the Fire Department certifying installation of the hydrant shall be received by the Planning Department prior to occupancy by the office use. 15 . This Departmental Review R810330 :1 is granted for maximum period of one year from the date of final ,approval unless an extension of time is granted by the Planning Director pursuant to a written request filed a minimum of ten- days prior to the expiration date. 16 . All conditions of approval established herein shall be • complied with prior to occupancy of the building of the proposed use. ACTION The Planning Commission should direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and set conditions. TO DENY: Motion setting findings for denial. REPORT PREPARED BY: MARY E. TIE Associat Planner REPORT APPROVED BY: a41/ZU'� LAWRENCE STEVENS Planning Director • /Ps us Zi I 0 10 10 30 \ 3S : t gyp..} Ir 7 ? sr B- - _Jct ° 3 i t 5 rpsr ` 6 2 a 26 E' v'rai� s 9 34-4 4 � �7p' v .-� 6 3f4O a r ..S-A dO10 56 a 55 @ A�= w L9- 5T ^ D k 4 2 6 5# UT /. pr 3 u 14 rs _ _ 1 E tT 2516 52 13 d 14 i s _ 8'' 1516 10 17 NtV �`T`1 ' g "*. 7 3 co t B 10 KG , 5-AILL- s,• v5if t z? [p r,.. _ ss 447 �-�` --.� � �:••- .rh:-.moi. - �� - ;� r� - ��., -�- a 'y r � �"�. y lrs<1 7`ti-- i"12f,T'�+ '^'`��rT..+.a��'"'�'�F-�'�$sY_'cam•-•+• .. �r 2'�•:*� c �s.�dt .s.�a--,;,'C "Rta7Yebg_-�°^-w>-Fs.fe'b3" _"�� -v..r` "4 <<.�°.�i-n.` 9x".�_ �....,.. �'.":s_ --�-Y"'b�.s� \"-1..'�.� L – k •_ —tl r j - j N � I =� L cY r, S 2 f t` t . t { t } y b y i E 1 f j 7-01 v oT vJl. oC { a -- Ilk a I • ` ice- L• „-�� . .., f W -J r/ ' �E'Stt�crJ4r � f ` ROBERT J.WILKINS,JR. � MAYOR CITY ATTORNEY P. O. BOX 749. WILLIAM H.STOVER ATASCADERO,CA 93422 MAYOR PRO-TEMPORE (805) (805) 466-5678 GEORGE P. HIGHLAND �. , A MARJORIE B. MACKEY INCORPORATED JULY 2. 1979 n POLICE DEPARTMENT ROLFE NELSON (805) 466.8600 MURRAY L.WARDEN ADMINISTRATION BUILDING � CITY MANAGER/CLERK POST OFFICE BOX 747 ATASCADERO, CALIFORNIA 93422 - FIRE DEPARTMENT PHONE (805.) 466.8000 6005 LEWIS AVENUE ATASCADERO. CA 93422 (.805) 466.2141 May 4 , 1981 Mr, David McMillan P. O. Drawer P Atascadero, CA 93423 SUBJECT: Departmental Review R810330:1 8375 Morro Road Dear Mr, McMillan: At their regular meeting held April 20 , 1981 the Atascadero Planning Commission considered your request to allow construction of an existing single-family residence to a commercial office use at the above referenced location, Upon review, the Commission • moved to approve issuance of a Conditional Negative Declaration and approval of Departmental Review R810330:1 subject to Condi- tions 1-16 as listed in the Staff Report previously sent to you, with the following revisions : 5 Provide a minimum of five (5) parking spaces. Vehicle parking and access areas shall be paved with a minimum of two inches AC over rock base; individual parking spaces shall be paint-striped or otherwise indicated and provided with concrete wheel stops or approved functional equivalent. Paved areas shall be permanent- ly maintained. Two-way driveway entries shall be a minimum of 17 feet in width. Submit parking plan layout for review and approval by the Planning Depart- ment prior to issuance of building permit. Some further comment should be made concerning Conditions 2 , 13 , and 14 . Condition 2 (assessment district waiver) is intended to facilitate the formation of an assessment district relative to the drainage moratorium. The probable termination of the moratorium resulting from City Council action on April 27th would preclude this condi- tion unless development standards which replace the moratorium include some similar condition which would be applicable to all • development in the area. For the present, the condition remains in effect although it can be deferred to time of occupancy rather than time of permit issuance, pending final action on the moratorium issue. f r � ' • Page Two May 4 , 1981 Mr. David McMillan Condition 13 (Amapoa curb, gutter and sidewalk) was not changed by the Commission although you should be aware that the improve- ments may be bonded as provided by Section 19 . 60 . 020 ( py enclose This is a Staff level determination; however, a waiver of any improvements (i.e, sidewalks) can only be granted by the Planning Commission or City Council. The Commission directed that Condition 14_(fire h Brant) be re- viewed with the Fire Department. Subsequent conversation with the Fire Chief indicates the condition should not be changed but that reimbursement to you would occur upon development of each of the adjoining lots (three to the west and two to the east) . The recommended hydrant location is the westerly corner of your property along Morro Road. The Fire Chief ; indicated that hydrant locations for this block have been master-planned in determining hydrant locations . The matter will now be referred to City Council as a Consent Calendar item at their meeting May 26 , 1981 unless appealed. An • appeal of any conditions must be submitted in writing stating the reasons for the appeal and must be accompanied by a $60 appeal fee, Please do not hesitate to contact the Planning Department if you should have any questions with reference to the above matter. Sincerely, Lawrence Stevens z Planning Department Y LS :ps cc: Edward Chidlaw Enclosure PHONE 18051 466-3008 DAVID R. MCMILLAN BOOKKEEPING A TAX SERVICE SUITE A VANDERLIP PLAZA • 6500 MORRO ROAD ATASCADERO, CALIFORNIA 93422 REPLY TO - P.0 DRAWER P ATASCADERO:CALIF. 93422 May 27 , 1981 Planning Department City of Atascadero P.O. Box 747 Atascadero, CA 93423 Re : Departmental Review R810330 :1 8375 Morro Road Gentlemen: The undersigned hereby appeals the decision of the Planning Commission of the City of Atascadero in the imposition of the following conditions in granting depart- mental review approval in the above matter: 1. The requirement of access being limited to i Morro Road and provision for adequate drainage as conditions to the Negative Declaration. 2. Conditions number 1 and 2 as they relate to the building moratorium and a possible future assessment district . 3. The requirement of submission of detailed land- scaping and irrigation plans as set forth in condition number 3 . 4. The requirement of six (6) parking places and a 24 foot drive as set forth in condition number 7 . 5 . The drainage plan requirements of condition number 7 . 6 . The curb , gutter and sidewalk requirement of condition number 13. 7 . The fire hydrant requirement of condition number 14. • Planning Department City of Atascadero May 27 , 1981 Page Two The appeal fee of $60. 00 was paid to the City on Friday, May 22, 1981. We would appreciate this matter being placed on the June 8, 1981, agenda of the City Council . Thank you for your assistance. Yours very truly, DAVID R. McMILLAN DRM/cb • M E M O R A N D U M : TO: CITY MANAGER June 3 , 1981 FROM: PLANNING DIRECTOR SUBJECT: APPEAL OF PLANNING COMMISSION DEN JAL OF CONDITIONAL USE PERMIT U810316 :1 LOCATION: N/E corner of San Jacinto and Palma Avenues APPLICANT: Fernando Ebhardt (Swauger) REQUEST: To allow construction of a five (revised to four) unit air-space condominium project by obtaining a density bonus for solar and energy efficient units On April 6 , April 20 , and May 4 , 1981, the Planning Commission conducted public hearings on the subject matter and, with Com- missioners Sherer and Cannon dissenting, adopted Findings 1-2 and denied the request without prejudice and tabled it for 90 days to allow for submittal of revised plans with processing under this application. • There was considerable discussion by the Commission on this matter. It was indicated that density bonuses might be a desirable way to encourage energy efficiency including use of solar. As a result, the Commission initially directed Staff to prepare conditions for approval. Subsequently, it was the consensus of the Commission that a density bonus could not be granted based on energy efficiency without modifying general plan density standards and without est- ablishing criteria to determine adequate energy savings. Gary Swauger, architect, and Fernando Ebhardt, applicant, appeared at the April 20 and May 4 meetings and emphasized their strong support for solar energy as exemplified by this project. It was indicated that the density bonus for solar would also allow more affordable housing to be constructed on the site.. The applicant did, during a meeting, indicate that the number of units could be reduced to four from the five originally requested. The appli- cants disputed energy calculations contained in the Staff Report. On April 20 William Carlyle spoke in support of solar energy developments. On May 4 , Michael Orians spoke in favor of using energy saving devices. • No one else appeared on the matter. • • Page Two re: Conditional Use Permit U810316 :1 (Ebhardt) June 3, 1981 On May 18, 1981 the applicant submitted the attached appeal letter indicating his reasons in opposition to the decision of the Planning Commission. It should be noted that the primary reason for the Commission decision was the General Plan density standards and the applicant' s appeal does not deal with this issue. LAWRENCE STEVENS RAY WARDEN Planning Director City M nager /ps • CITY OF ATASCADERO • � re a �F �_ J I r r 1918�� r rj sri 1979, Planning .Department May 4 , 1981 \�►SCADERU/ STAFF REPORT SUBJECT: Conditional Use Permit U810316:1 LOCATION: Northeast corner of San Jacinto and Palma Avenues APPLICANT: Fernando Ebhardt REQUEST: To allow construction of a five unit air space condo- minium project by obtaining a density bonus for solar and energy efficient units. BACKGROUND 1. Existing Zoning: R-2-B-2-D (506) , Low Density Residential District with the "D(506) " designation of the zoning ordinance requiring the following : "Setbacks are equivalent to those required by the underlying "R" zone. " 2. General Plan: Low Density Multiple Family Residential. 3 . Allowable Density: 9 . 22 persons (rounds to 9) . Proposed Density: 15 persons. 4 . Environmental Determination: An Initial Study Environmental Determination has been prepared for this project. The Planning Director has issued a Negative Declaration for the project indicating that no significant adverse environmental effects are likely to occur if the project is implemented as proposed. 5. Site Conditions : The site is presently undeveloped. Vegeta- tion consists largely of natural grasses and two large mature oak trees located generally in the northwest corner of the property. A third large oak tree is located near the site in the southeast corner. The site topography is gently sloping with slopes being about 100 . The site is bounded on the south by the Atascadero Grange Hall, and on the east by single-family residential. To the north across San Jacinto is the Church of Christ and to the west across Palma is single family residential. 6 . Project Description: The applicant proposes construction of five two bedroom, two story units with each having approximately 1390 square feet of living area for a total project density of • 15 persons (using the Standard Occupancy Factor of 3 persons for a two bedroom unit). Each unit is provided with a two- car garage and four uncovered guest spaces are also proposed Page Two • Conditional Use Permit U810316i1 (Ebhardt) May 4,. 1981 with access off San Jacinto. Driveway access for four of the units is provided off San Jacinto; access for the remaining unit is provided off Palma. The applicant also proposes in- corporation of solar greenhouses on the south side of each unit and installation of solar hot water heaters. STAFF COMMENTS It was indicated by the applicant that the main thrust of his project is to seek a density bonus in exchange for providing "solar and energy efficient units. " While Staff feels it is commendable to incorporate passive use of solar energy into the project and does not disagree with the good intentions of the applicant, it should be pointed out that the current ordinances and General Plan do not provide any guidelines or standards by which a bonus to the allowed density can be granted on the merits of incorporating solar energy utilization into a project. Ac- cording to the standards set forth in the General Plan for determining maximum density, the site is only allowed for 9 persons . Using a two bedroom example (as similar to the proposed project) with an occupancy factor of 3 persons per each two bed- room unit, at most, 3 units would be permitted on the site . The applicant contends that the benefit afforded by incorporating solar energy use are equal to permitting two additional units and 6 additional person on the site. Staff would be remiss in recom- mending approval of such a concept without specific authority to do so in either the General Plan or the zoning ordinance. Further- more, the cost benefit trade-off of passive solar vs. increased density has not been reviewed. -The efficiency of a passive solar heating or cooling unit is directly dependent upon the amount of solar collection, storage facilities and distribution networks . In addition to solar systems, many factors interact to determine the overall energy efficiency of a building, such as insulation. For a greenhouse, in order to calculate the maximum amount of solar irradiation (the quantity of solar radiation incident on a unit surface area in a unit time, usually expressed in British Thermal Units per square foot per hour, BTU/FT2-Hr) collection is possible in the winter for Atasca- dero; simply multiply this times area of the greenhouse surface normal to the noon time sun rays. For Atascadero, this would be 118 BTU/FT2-Hr) . To calculate the maximum heat collection possible for the proposed greenhouse, simply multiply this value times the effective greenhouse surface area, times the hours of effective sunlight: • Page Three Conditional Use Permit U810316 :1 (Ebhardt) May 4, 1981 118 BTU X 121 FT of Glass X 6 Hours = 85 ,700 BTU/Day FT-2--Hr This value represents the maximum possible but not what would actually be achieved. There will be several factors acting to reduce this amount: 1) The surface area is not normal to the incident rays during the winter months. 2) The siting is not due south or within 15 degrees of due north. 3) Heat loss through glass . A savings of 87 , 000 BTU/Day is not necessarily substantial, although certainly commendable. One therm of natural gas (100, 000 BTU) currently sells for about $ .50 . Assuming 100% efficiency (30% is more accurate) , the maximum savings would be $13 . 05 per month, Similarly, the same calculations could be performed for summer months (solar irradiation is about 980 BTU/FT2 - Day) . Without • adequate protective measures, the winter savings would be more than affected by extra cooling requirements. It may be concluded that the proposed passive solar heating system as presented should not result in any significant overall energy savings in the Atascadero area. Additionally, it should be pointed out that the number of units being requested conforms with the High Density Multiple Family density standards. High Density Multiple Density commonly overlays R-3 and R-4 zoning where curb, gutter, and sidewalk would be re- quired. But since the zoning for the subject property is R-2 , requirement of these improvements cannot be placed on this project even though they are developing at High Density Multiple Family densities. FINDINGS 1. The application as presented does not conform to the policies and standards concerning density as set forth in the 1980 Atascadero General Plan. 2 . There is no established criteria to allow granting of a density bonus for passive solar design. Page Four Conditional Use Permit U810316 :1 (Ebhardt) May 4, 1981 RECOMMENDATION Based on the above findings, Planning Department recommends denial of the project without prejudice. Staff also recommends that the item be tabled for 90 days to allow the applicant time to submit revised plans and proceed under this application. If approved by the Planning Commission, the following Findings and Conditions are recommended: FINDINGS (For Planning -Commission recommendation) 1. The project may provide economic benefits to future residents with the incorporation of solar dependent devices as proposed. 2. The project will not have a significant adverse effect upon • the environment. 3 . The application as presented conforms with the applicable zoning regulations . CONDITIONS (For Planning Commission recommendation) A) Issuance of a Negative Declaration; and, B) Approval of Conditional Use Permit U810316 :1 subject to the following conditions : 1. Site development including buildings, parking, landscaping and other features shall be consistent with site plans submitted or as required to be modified by conditions which follow. 2 . Submit two copies of detailed landscaping and irrigation plans indicating size, type, and spacing of plant materials Proposed for review and approval by the Planning .Department prior to issuance of building permits. a) Raised concrete curbs or similar shall border each • planter area adjacent to paved driveways. ip is Page Five Conditional Use Permit U810316:1 (Ebhardt) May 4 , 1981 b) Plant materials shall be sized to achieve a mature appearance within three years . c) The type of irrigation system shall depend upon the plant materials used and the watering needs. 3. Submit two sets of grading and drainage plans indicating grade of building pads, pavement elevations, flow lines, etc. , for review and approval by the City Public Works Department prior to issuance of any permits . a) Drainage from the site shall not be allowed to flow directly across driveways. 4 . Any grading necessary for site development shall be sub- ject to first securing proper permit and approval from the Planning Department. 5. Building architecture shall be consistent with elevations submitted. • a) Any roof-mounted mechanical equipment shall be screened from view from adjacent streets and prop- erties in a manner approved by the Planning Department. 6 . The project shall be connected to community sewer and water. Submit evidence from the Atascadero Sanitation District and the Atascadero Mutual Water Company which indicates that they are willing and able to provide ser- vice prior to issuance of building permits'. 7. The applicant shall provide solar greenhouses and solar hot water collector and solar water heaters for each unit as indicated on plans. The applicant shall also submit com- plt energy calculations for the units and said calcula- tishall verify the energy efficiency of the units and demonstrate the degree of benefit derived from the solar devices compared to the same units without the solar devices . 8. Obtain encroachment permit and plan approval for driveways from the Public Works Department. a) The most westerly driveway off San Jacinto shall be eliminated and the most easterly driveway widened to a minimum of 24 feet. Parking layout 'shall be revised • accordingly to reflect these requirements and a revised plan shall be submitted for review and approval by the Planning Department prior to the issuance of a building permit. � Page Six Conditional Use Permit U8103161 (Ebhardt) May 4, 1981 9 . Parking and access areas shall be provided as shown on plans submitted and shall be paved with minimum 2" AC on adequate base. Spaces shall be striped. Wheel stops or approved functional equivalent shall be provided. a) Parking spaces shall be 9 ' X 20 ' except for the 12 ' wide handicapped space, but may be reduced in depth approximately 3 ' where adjacent to sidewalks with the sidewalks correspondingly widened thereby eliminating the need for wheel stops . This adjustment shall only apply if a grade difference exists between the parking area and those sidewalks. 10 . Site plan shall provide the required 25 foot front yard setback along Palma Avenue . 11. Site plans shall indicate the location of all existing trees on the site and effort shall be made to retain any mature trees if possible. No trees shall be removed without prior Planning Department approval. 12. Lighting shall not project above the roof of the building • and shall be 'designed to minimize on-site and off-site glare. 13 . The fire hydrant at the northeast corner of Palma and San Jacinto shall be upgraded in a manner acceptable to the City Fire Chief. A letter from the Fire Chief certifying that this requirement has been met to his satisfaction shall be submitted to the Planning Department prior to occupancy of the units. 14 . No units shall be offered for sale without compliance with provisions of City ordinances governing subdivisions and the Subdivision Map Act. 15. Provide a paved and enclosed trash storage area in a loca- tion to be approved by the Planning Department. 16 . Provide six foot high solid fencing along interior property lines except that fencing may be reduced in height or elim- inated as necessary to assure sight distance for driveways and within the required front yard. Materials to be approved by the Planning Department. Page Seven Conditional Use Permit U810316 :1 (Ebhardt) May 4, 1981 17. In the event that archeological resources are discovered on the subject site during construction of this project, said resources are to remain undisturbed after discovery and construction activity shall cease immediately. The Planning Department is to be notified so that proper disposition of the resources may be accomplished. Con- struction may resume only upon authorization by the Planning Department. 18 . All new utilities and utility connections to be placed underground. 19 . This Conditional Use Permit is granted for a period of one (1) year from the date of final approval to allow establishment of the proposed use unless an extension granted by the Planning Director pursuant to a written request filed a minimum of ten days prior to the expi- ration date. • ACTION The Planning Commission should by motion direct Staff as deemed appropriate. TO APPROVE: To adopt findings and set conditions. TO DENY: Accept Staff recommendation. REPORT PREPARED BY: MARY E. EATIE Associa Planner REPORT APPROVED BY IA� J�� LAWRENCE STEVENS Planning Director /Ps / � � �4;" ,�' - � Wit, �� a := •. s =''� cli 'co v _ N SSa Q� f- rnCb s, 0 42, -. 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V t j x 12280 San 't Antonio onio Atascadero , C.1 93422 Tele : 46r,-04 May 18 , 1981 Pr. hav:>rence Stevens Planning Director City of Atascadero Administration Buildin P.• 0 . Pox, 747 Atascadero, CA 93422 Pe: Appeal of Conditional Use Permit U510316: 1 Dear Pir. Stevens: After reviewing the Staff Reno-rt on ,which the Planning Com- mission made its decision to deny the request , ,-re ;; ish at • this time to appeal the decision for the follo,,in" reasons : 1) The Staff Report did not sho,-.r the true enerl;y savings that this proposed pro;ect would realize ; 2) Staff' s ener3y summary ,vas incomplete . It did not address the savin,,_s that ,•,,oulc have been realized by the incorporation of Solar Uot t:'ater Heaters, ': 30 and !M insulation anal Thermal ;:'indo:•rs ; 3 ) Staff' s 'deport on the project ,ras overly biased, causing the Plannin; Commission to have no other choice but to deny it because of the density criteria; 4) At the ',lay 4, 1951 meeting we agreed to reduce the request to 4 units and also a7reed to all the condi- tions as set forth by Staf.-P; 5) tie feel the ne`:r proposal of 4 units preserves the rural character of the community, ;hick is the main thrust of the General plan. The 4 units :rill occupy 22,0 of the lot allo,•rin- the remainder for c rive,'rays and open space ; • r. Larrence Stevens . ',Iay 18 , loSi Pane Two 6) Concerning, density, it is far less t,:an •.,'_a4- could be built in San Luis Obispo , ?orro '3a?:- an.a Paso ?nobles under their General Plan for I-Z2 T-�ro;)ert;r; 7) Finally, and most important of x.11 , ,,•e can prove both to Staff and the Planning- Commission that the 4 energy efficient units total energy consumption would be less than if we built 3 units utilizing the standard energy criteria as set forth by the State of California and adopted by the City of Atascadero it its building C:OdeS; 8) Though the City has not determined what basis to use $�,r1 for moderate income housing, ;,,e feel that these units 6 ould qualify under the moderate income bracket . ` This item „ould require some further study since the Planning Staff still doesn ' t have an,r -,uidelines to no bJr. ,.,e feel that the above reasons justif�r our rashest for an appeal . Thank you for your kind attention to this matter. • Sinoerel-v Fernando C . rbhardt • l 1 ROBERT J.WILKINS,JR. MAYOR /- WILLIAM H.STOVER MAYOR PRO-TEMPORE ase e GEORGE P. HIGHLAND j 4 , MARJORIE B. MACKEY INCORPORATED JULY 2. 1979 ROLFE NELSON HURRAY L.WARDEN ADMINISTRATION BUILDING CITY MANAGER/CLERK POST OFFICE BOX 747 ATASCADERO, CALIFORNIA 93422 FIRE DEPARTMENT PHONE (805) 466.8000 6005 LEWIS AVENUE ATASCADERO, CA 93422 (805) 466-2141 REPORT FROM THE CITY ATTORNEY For the Council Meeting of June 8, 1981 No. 13 1. RECENT DECISIONS OF INTEREST a. Public Employees Refund Pension Plan The C.A.2d has upheld a provision in the city charter of the City of Los Angeles that policemen and firemen retiring before they are eligible for retirement benefits are not entitled to a refund of any amount which they have paid into the plan. (Holmes v. City of Los Angeles, C.A.2d, March 24, 1981) b. Employee Benefits: Taxation of Vacation Pay The C.A.2d has held that certain lump sum payments made to seasonal employees pursuant to collective bargaining arrangements were exempt from taxation as vacation pay. (Los Angeles Turf Club, Inc. v. Cali- fornia Unemployment Insurance Appeals Board, C.A.2d, March 30, 1981) C. Civil Rights: Discrimination The C.A.2d has ruled that a black employee of the Fair Employment Practices Commission and Division of Fair Employment Practices must be retroactively promoted because of past discriminatory conduct. (Fair Employment Practices Commission v. CaliforniaState-Personnel Board, C.A.2d, March 26, 1981) d. City Council as a Redevelopment Agency The C.A.2d has ruled that the Burbank City Council is the "Redevelop- ment Agency of the City of Burbank" for the purposes of a lawsuit against the agency for waste of public property. The complaint had 0 REPORT FROM THE CITY ATTORNEY No. 13 Page 2 been filed against the Redevelopment Agency of the City of Burbank, and the City and City Council had not been named. (Nolan v. Rede- velopment Agency, C.A.2d, March 30, 1981) e. Settlement: Joint Tortfeasors The C.A.5th has held that when an injured person accepted a sum in full satisfaction from one joint tortfeasor allegedly responsible for her injury, a second joint tortfeasor was thereby released from further responsibility. (Burton v. Gardner Motors, Inc. , C.A.5th, March 27, 1981) f. Public Employees: wrongful Discharge: Pay The C.A.4th has ruled that a police chief who was wrongfully dis- charged is not entitled to reinstatement prior to an administrative appeal. (Doyle v. City of Chino, C.A.4th, April 1, 1981) g. Procedure: Late Claims The C.A.2d has held that, where a defendant failed to file a claim for personal injuries against a city withi 00-day time erio prescribed by statute because criminal charges were oen ina arsa 'nG , him, these circumstances do not consti ute legallycognizable mistake, inadvertence, surprise, or excusable neglect. (Rivera v. City of Carson, C.A.2d, April 3, 1981) h. Employment: Constitutional Law The U.S. Supreme Court has held that a state's denial of unemployment compensation benefits to a petitioner, a Jehovah's witness who ter- minated his employment because his religious beliefs forbade the par- ticipation in the production of armaments, violated the petitioner's First Amendment right to the free exercise of his religion. (Thomas v. Review Board of the Indiana Employment Security Division, U.S. Supreme Court, April 6, 1981) i. Public Liability: Immunity The C.A.lst has held that a city was not immune from prosecution in a lawsuit where the allegations of the complaint involved the negli- gence of the city's police officers in their conduct of a discretionary investigation. (Green v. City of Livermore, C.A.lst, March 19,. 1981) j . Public Employees: Probation The C.A.lst has ruled that a civil service six-month probationary employment period will continue until the end of six calendar months or until the employee has accumulated 105 working days, whichever occurs last. Employee completed her 105th working day on March 4, 1978. On March 14, she received a notice of rejection "during pro- bationary period," effective the same day. The court refused to approve the Board's attempt to extend the probationary period past • REPORT FROM THE CITY ATTORNEY No. 13 - Page 3 t the 105th working day since the employee had been absent for six r weeks. The court ordered the Board to set aside its decision of termination and to restore the employee to her position with back pay. (Santillano v. State Personnel Board, C.A.lst, April 6, 1981) k. Property: Zoning The U.S.C.A.9th has ruled that two adjoining parcels of land may have to be analyzed separately to determine whether a taking occurred when they were placed in different zoning classifications. The county contended that although the property was split by a zoning line, there was only one parcel. The court said inverse condemnation involving a possible taking requires a broader factual inquiry to determine if justice and fairness require that the owner's loss be compensated by the government. Since the property owner had never submitted a development plan, it was impossible to determine whether the property had been treated separately for development purposes and, thus, the possibility for the award of damages for severance when government condemns a portion of a larger parcel. (American Savings and Loan Association v. County of Marin, U.S.C.A.9th, April 6, 1981) 1. Property: Rent Control The C.A.2d has held that a county rent ordinance which allows land- lords who have not recently raised their rents to increase their rents over the base rent does not operate as a bill of attainder against those landlords who raised their rents more recently. (Alpha Standard Investment Company v. County of Los Angeles, C.A.2d, April 20, 1981) M. Government: Local Airport Regulations The U.S.C.A.9th has held that the City of Santa Monica's anti-airport noise ordinances are not preempted by federal law and, therefore, are constitutional. The ordinances imposed a night curfew on takeoffs and landings, prohibited certain low aircraft approaches on weekends, prohibited helicopter flight training, established a maximum single event noise exposure level of 100 decibels, prohibited jets at the airport, and provided a fine for any jet landings or takeoffs. (Santa Monica Airport Association v. City of Santa Monica, U.S.C.A.9th, April 23, 1981) n. City Services: Equal Protection The U.S.C.A.9th has ruled that residents of a neighborhood who claimed denial of equal protection because of allegedly inadequate municipal services have failed to state a claim for relief. The complaint alleged denial of equal protection of the laws in the city's failure to provide adequate municipal services The court said that since the. complaint did not allege that the inadequate level of services was the result of any racial or other suspect classification, or that the poor service was due to invidious or unreasonable classification, the plaintiffs failed to state a claim upon which relief could be granted. (Mlikotin . v. City of Los Angeles, U.S.C.A.9th, April 23, 1981) • REPORT FROM THE CITY ATTORNEY No. 13 - Page 4 o. Public Employees: Discharge The C.A.4th has held that a public employee who is discharged because of charges of stealing public property is entitled to notice and an opportunity to answer the charges even though,the employee is on pro- bation. The court noted that a probationary employee may generally be discharged without a hearing, but if the discharge results from charges of misconduct which stigmatize the employee's reputation or impair his opportunity to earn a living or damage his standing in the community, he must be given notice and an opportunity for hearing in order to clear his name. (Wilkerson v. City of Placentia, C.A.4th, April 29, 1981) p. Property: Zoning: Use Permits The C.A.lst has held that a city's zoning and neighborhood preserva- tion ordinances, which required that a use permit be obtained from its Board of Adjustments prior to the construction of any new resi- dential unit, did not result in an unlawful delegation of legislative authority to the Board. (Groch v. City of Berkeley, C.A.lst, April 30, 1981) q. Employment: Retirement Age The C.A.2d has held that a trial court does not err when it employs the rational basis standard when considering the constitutionality of a Labor Code classification which requires retirement of certain employees at age 65; in other words, a mandatory retirement age of 65 is valid. (Kubik v. Scripps College, C.A.2d, April 30, 1981) 2. PENDING LITIGATION a. City of Atascadero v. Daly, et al. No further developments have occurred since my report of April 14. b. Snow, Atascadero Firefighters Association v. City of Atascadero, et al. Counsel for the Firefighters and the City argued the Firefighters' motion for summary judgment before Judge Kirkpatrick on Wednesday, May 27, 1981. The judge took the matter under submission and promised to rule at an early date. 3. MISCELLANEOUS a. League of California Cities: City Attorneys Department Annual Conference The City Attorneys Department held their annual spring conference in Sacramento on April 29 through May 1. Many interesting and informative legal papers were presented. I thought two of the most pertinent were an update on the scope and application of the Secret Meeting Law, i.e. , the Ralph M. Brown Act, and an update on conflicts of interest -- con- tractual, noncontractual, and professional. A new approach was a panel which treated "Creative Municipal Financing for the 80's. ' 0 . REPORT FROM THE CITY ATTORNEY No. 13 - Page 5 We were also given a review of pertinent pending legislation by Betsy Strauss, attorney for the League of California Cities, and an update on "special taxes" litigation under Proposition 13. Respectful submitted, ALLEN GRIMES City Attorney AG:fr • _M_E M_O_R_A N_D U M_ TO: City Council FROM: City Manager SUBJECT: Lucky' s Market moving expenses Because of the time constraints, I was unable to get formal .Council approval for the additional funds necessary to move the Lucky' s Market building. Accordingly, I approved the Public Works Director ' s request to proceed with the acquisition and removal even though $3 ,180 more was required than had been approved by the Council . Having informally advised you of this action, it is now necessary to either approve or deny that expenditure at a formal Council meeting. Should you deny, I would be more than happy to reimburse the City $3 ,180 and sell my share of the building ,back to the City or some other person at market value.? I regret I did not have the opportunity to bring this to you in a regular meeting, but time did not permit. Request your approval of the additional funds . PR7/Le. W�ARDEN MLW:ad 6-4-81 M E M O R A N D U M TO: Murray Warden FROM: Larry McPherson SUBJECT: Acquisition of Lucky Market Building As you know, City Council at their last meeting approved an expenditure of up to $5,000 to have the Lucky Market building dis- mantled and relocated to the _wastewater treatment yard. This Building was donated to the City subject to its removal within two weeks and also leaving the site in a neat condition. Subsequent to a preliminary cost estimate and obtaining Council approval, a more detailed assessment of costs was arrived at by obtaining a contract bid from Young Brothers Construction in the amount of $8 ,180. On a further review of the bid and the scope of work necessary to obtain the building, it was affirmed that a significant amount of demolition and haul away work was necessary in order to salvage • portions of the building. This work included removal of two att- ached loading dock buildings , an inside frame wall in the meat counter areas , several walk-in refrigerator structures , and a large amount of dismantled shelving and other debris . The contractor has had a 6-8 man crew working on the structure for almost two weeks now, and I believe the submitted bid to be reasonable , therefore, I would recommend Council authorize the addi- tional funds to achieve this building acquisition. Even with the increased costs , the City will realize a substantial savings in future building costs. AWRENCE McPHERSON LM:vh 6-3-81 • —M—E—M—O—R—A—N—D—U—M— TO: City Council FROM: City Manager SUBJECT: Mobilehomes as temporary dwellings during term of building permit The attached memo from the Planning Director addresses a problem arising from an attempt to spare owner/builders the costs of maintaining two residences while building a new home. I recommend that Council adopt alternative 2 of the Planning Director' s memo so as to tie the building, permit and temporary dwelling terms together. This reflects a rather common practice in this area in order to allow an . owner/builder the ability to construct his own home without added additional costs of maintaining another house. MU RAY WARDEN MLW:ad 6-4-81 • s _M_E M,O_R A N^D_U_M_ TO: CITY MANAGER June 3, 1981 FROM: PLANNING DIRECTOR SUBJECT: MOBILEHOMES AS TEMPORARY DWELLINGS DURING CONSTRUCTION OF PERMANENT RESIDENCE Current Building Code regulations allow temporary dwellings during construction as follows : "19 . 04 .170 - Temporary dwelling use. Upon securing a permit, any person to whom a building permit is issued may use a mobilehome or a recreational vehicle for use as a dwelling, on the same premises as, and during the construction of, the permanent dwelling, provided a flush toilet or approved toilet facility is readily available on the same premises . Upon the payment of a fee, a permit may be issued for six months and may be extended by the building official for one additional six month period upon written request stating a valid reason for the extension. Such- use must be removed prior to issuance of a certificate of occupancy orwhenthe permit expires. " • Several complaints have been received about temporary dwellings in excess of the time limits specified, but no action has been taken because it appears from a review of records that past practice did not adhere to these time limitations and because the time limita- tions are not realistic. They are not realistic because the term of a building permit (18 months with the ability to obtain a six month extension) does not coincide with the term of the dwelling and because most temporary dwellings are used by owner-builders who sometimes press even the two year limit on a building permit. Generally, it seems that the temporary dwelling should run for the same time period as the permanent dwelling being constructed. With regard to this situation, the following alternatives can be considered 1) - Chanae the ordinance to prohibit mobilehomes as temporary .dwellings during construction. 2) - Change the ordinance to make the time periods for temporary dwelling the same as the permit for the permanent dwelling being constructed. 3) Retain the ordinance in its current form. r • Page Two re: Mobilehomes as temporary dwellings during construction of a permanent residence June 3, 1981 In the event that either of the first two alternatives are deemed appropriate, it is recommended that the ordinance not be changed immediately but rather that it be done with other Building Code revisions anticipated in the near future. During the interim, no enforcement action would be taken because of the pending change. If the third alternative is selected, Staff should probably be directed to proceed with enforcement action on the complaints received. C�CGv'�(/nf.2 LAWRENCE STEVENS MU RAY WARDEN Planning Director C ' ty M ager /Ps M_E_M_O_R_A_N_D_U M_ TO: z City Council FROM: City Manager I SUBJECT: Capital Improvement Program Consideration of the CIP is included in this agenda so as to get the matter under way. Should agenda time not permit, then this item could be continued until the next meeting. Councilman Highland' s comments are attached for your information. If you wish to incorporate these into the CIP, then Council should instruct Staff to do so and we will make the necessary adjustments . If there are no major changes , then your adoption and approval would be recommended. If there are changes you should indicate them so that we can bring back a final draft for your adoption. M Y WARDEN MLW:ad 6-4-81 taseadete >,+Y°•j5`tYl��'",d+.�#'n`ty'-"''�.;x�"`"'.•x xY.^58^`. '.^" sz. .,,"° INCORPORATED JULY 2. 1979 y- w Mn L u-•,s+w„+P.nwNi'M.f^�+•W—+!++f^" f�e'+M DATE 5/18/81 v TO Murray FROM George Highland RM SUBJECT 5 Yr C I P 1. PUBLIC WORKS - BUILDINGS I question the need, or desireability, of sidewalks around Sunkae Gardens. 2, PUBLIC WORKS - PARKS & ZUU Lawn maintenance equipment: Weren 't we talking ~ about contracting out thisitem? 3. PUBLIC WORKS - STREETS .. Service shop building & equipment: What effect will acquisition of the Scolari n buildings have on this? :4 4. PUBLIC WUHKS WASTEWATER TREATiyfci'JT PLANT Replace sewer lines: For your information only, all sewer lines were new when current plant was constructed in 1970-71. Clnly area without new lines at that time was the downtown business area. Their lines were - '+,3'd+'" 'tact?C+9l+igatcCw7'tr!yz.'4r:.sr..d£'!:r•,",.;ex.;u•%%-"_.vc.^»:<<- r: ,.:: t ., - replaced 5-8 yrs prior to construction of new treatment plant. 41, . pax-"r.�aa ��:c� .-x*:� eaa ,-5...,gw,z^..ee„et,�•,� ,xc nfadt.,y:X.e.µ{:;i�r`�e{q•.c.at....w"4��a`.'n,.x+y..�tr�..,,s .a .a� i4 °'Ri wx1 ^'�cp. 3 +',a,.t, .3"{'a. '1i�"Sv'`t"2'.• 4 .: ,`x"3-�""t ,iY' t;1'i' ''`<t to. t. !ky.' ryw�^vY.*stLt .{. -( :'! c3.<p,n 'i i '4'°^1+'v'u,� owed' tete :. � t j i r'•h'M"r !x )t S',t•!lY g-, 9 . ------------- "..c, '`�� "�`` a.t-`� '"-v �'��.' '`w� �",a� �'"� ''' .,,- '` .'.+°-K�, .'� r'"`� 'L��'+.,✓+S �=��r.r s x�>vs..t,+« ,s'^ n t •t r A ��" ice' a'_,t�''",a�r br'�y a . r �..� r> � i .. .�--�'.S• h �t � _, k ,, `,� ';W,,r.+�,� 'F',x ' ,r w ,;.. 2m ,ta.ar '�v,-�«., a- »q"«- 'x' -ry ias �c`: .�;.n^,y��..s*♦"r r,' 5„,0.,.,.��^ y ,:,p i .. ..-'. .. ..,:- ... :... _ ..y„�± b"' rry'•r�* c;d .'" .r._ rte.- ..., G. �', . � ,,.�..�.'•-.s.,•r�.2;r,' +v 4 9 T ��'f ._> n«ixBriFnj�"u'A'S:A:? x' R 'n•*�;+:xxwV�n..'v M E M O R A N D U M TO: Murray Warden FROM: Larry McPherson SUBJECT: Dial-A-Ride Service Contract Attached is an agreement between the City and Community Transit Systems , Inc. , to provide manage- ment and operating services in conjunction with the Dial-A-Ride bus system. The total amount for the service year is not to exceed $86, 909. The responsibilities outlined in this contract are the same as for the 1980-81 fiscal year. The City is responsible for vehicle expenses , such as : lease-rental payments, repairs , gas & oil, maintenance and insurance. The draft of this contract was reviewed by the City Attorney, whose signature is included. LAWRENCE McPHERSON LM:vh 5-29-81 C.C. 11,41101'r-2 1 AGREEMENT 2 THIS AGREEMENT is made this day of June, 1981, by and between the 3 CITY OF ATASCADERO, hereinafter referred to as "City" and COMMUNITY TRANSIT 4 SERVICES, INC. , hereinafter referred to as "M&0." 5 WITNESSETH: 6 WHEREAS, M&0 has the management and technical personnel, expertise, and 7 other assets useful for the support of City's transportation project; and. 8 WHEREAS, City is desirous of obtaining such services for said project; 9 and 10 WHEREAS, M&O is desirous of providing such services; 11 NOW THEREFORE, in consideration of the foregoing recital and covenants 12 and agreements of each of the parties herein set forth, the parties hereto do 13 agree as follows: 14 1. Purpose : City hereby contracts with M&O to provide transportation 15 management and operations services upon the terms and conditions hereinafter 16 Iset. forth. 17 2. Scope of Work: M&O will provide the services to be rendered as set 18 forth in Exhibit "A" (Scope of Work) , attached hereto and by reference incor- 19 porated herein and made a part hereof. 20 3. Time Period: The term of this Agreement shall be from July 1, 1981, 21 to June 30, 1982, inclusive. M&O shall commence service operations of City's 22 transportation project on July 1, 1981, and continue operations through June 23 30, 1982, within the budget defined under the heading "Maximum Obligation." 24 4. Maximum Obligation: City agrees to pay M&O in consideration for its 25 services as described herein. The maximum price to be paid by City to M&O 26 shall not exceed Eighty Six Thousand Nine Hundred, Nine Dollars ($86,909). ' g Y 27 / 1 5. Price_ Formula: City agrees to pay M&O for performance of the • 2 services set forth in this Agreement as follows: Payment of a fixed 3 hourly rate.of $15.21 per vehicle service hour. 4 Vehicle service hours will be computed by using the time each 5 vehicle leaves the garage for its first pickup point each day and until such 6 time as each vehicle returns to the garage at the end of each operational day 7 excluding time for driver lunch breaks. 8 The hourly rate shall include, but not be limited to, the follow- 9 ing: vehicle operators' , management's, and controllers' wages; employee 10 fringe benefits; overhead costs; maps and charts; uniforms; report reproduc- 11 tion; and dispatch office supplies. 12 (c) City shall provide dispatch office facilities, garage and park- 13 ing facilities, fuel, radio and vehicle maintenance; repairs due to acci- 14 dents; these are not included in the hourly rate defined in 5(b). • 15 (d) Payment of a fixed hourly rate of Fifteen and 21/100 Dollars 16 ($15.21) per hour that a vehicle and driver are used for promotional purposes. 17 6. Invoices: M&O shall submit the invoices to City as follows: 18 (a) Hourly costs shall be directly traceable by dispatcher and/or 19 driver trip sheets and employee time cards, which will be available for review 20 by City. Hourly costs shall be submitted weekly. 21 (b) Other charges not covered in the hourly rate, and any hourly 22 cost left over from the weekly invoices, shall be billed monthly with charges 23 directly traceable to receipts, bills, etc. ,. copies of which shall-be attached 24 to the invoice. Each such statement shall contain a certification that all 25 amounts billed are in accordance with this Agreement. 26 / . 27 / -2- I 1 7. Payment: All payments by City shall be made in arrears, after the 2 service has been provided. Payment shall be made by City no more than thirty 3 (30) days from City's receipt of invoice. City shall normally pay by voucher 4 or check within ten (10) working days after each meeting at which payments can 5 be authorized, provided that City receives the invoice at least three (3) 6 working days prior to the City's meeting date. If City disputes any items on 7 an invoice for a reasonable cause, City may deduct that disputed item from the g payment, but shall not delay payment for the undisputed portions. The amounts 9 and reasons for such deletions shall be documented to M&O within fifteen (15) 10 working days after receipt of invoice by City. City shall assign a sequential 11 reference number to each deletion. Payments shall be by voucher or check 12 payable to and mailed first class to: 13 Accounts Receivable COMMUNITY TRANSIT SERVICES, INC. 14 2121 West Crescent Avenue, Suite D Anaheim, California 92801 15 16 I 8. Operating Revenues: All operating revenues collected by M&O are the 17 property of City. Operating revenues include all fares, sales of tickets and 18 passes, advertising sales, and rental of equipment. They shall be counted and 19 kept separately under appropriate security. Once a week or more frequently I 20 they shall be deposited by M&O at a banking institution as directed by City. 21 Reports on the revenues collected and deposited shall be provided to City. 22 9. Charter Services: Charter services will be provided by M&O upon 23 request by City's authorized employees as follows: 24 (a) When charter services fall entirely within normal service hours 25 and City directs that normal operating personnel should be used to provide the 26 charter service, such service will be provided at the regular cost as defined 27 / -3- 1 in the "Price Formula" but at the expense of a lower level of servic.e .for 2 normal. operations. Such charter services are considered a part of this Agree- 3 ment. . 4 (b) Charter services outside normal operating hours and charter 5 services within but in addition to normal operation shall be considered extra 6 services. The costs will be determined on an individual-trip basis at the 7 regular cost as defined in the "Price Formula" and billed separately from this 8 contract, and shall be treated as a change to this Agreement as defined under 9 "Changes," and shall be in excess of the maximum price defined in the "Maximum 10 Obligation." 11 10. Control: 12 (a) All services to be rendered by M&O under this Agreement shall 13 be subject to the control of City. M&O shall advise City of matters of 14 importance and make recommendations when appropriate; however, final authority • 15 shall rest with City. 16 (b) City shall not interfere with the management of M&0's normal 17 internal business affairs and shall "'not attempt to directly discipline or 18 terminate M&O employees. City may advise M&O of any employee's inadequate 19 performance which has a negative effect on the service being provided, _and M&O 20 shall take prompt action to remedy the situation. In extreme cases, City may 21 demand removal of an M&O employee. 22 11. Management: During the term of this Agreement, M&O shall provide 23 sufficient executive and administrative personnel as shall be necessary and 24 required to perform its duties and obligations under the terms hereof. 25 / 26 / • 27 / -4- 1 12. Medical Assistance to Passengers: M&0's" employees shall not be 2 required to perform any medical or quasi-medical functions for passengers. I 3 the event of illness on board a vehicle, the driver shall advise the dispatcher 4 by radio and may proceed immediately to a medical facility for help. 5 13. Uniforms: M&0 shall purchase uniforms for employees and shall 6 require the employees to wear them. The design, type, and logo of the uniforms 7 shall be subject to City's approval. 8 14. Changes: In the event City orders changes from the list of work 9 shown in Exhibit "A" (Scope of Work) or for other causes orders additional M&0 10 work not contemplated hereunder, additional compensation shall be allowed for 11 such extra work according to the method defined under the heading "Price 12 Formula." City shall promptly notify M&0 in writing by change order of all 13 changes in scope. Change order shall specify a cost limit or shall be subject 14 to subsequent negotiation. 15 15. Renewals: This Agreement .may be renewed for subsequent budget 16 periods upon the mutual agreement of both parties. The parties shall meet 17 prior to two (2) months before the expiration date of the budget in this Agree- 18 ment to develop a budget for the subsequent period. 19 16. Qualification for Future Contracts: As a result of having entered 20 into this Agreement, M&0 shall not be inhibited, penalized, or disqualified 21 from bidding subsequent transportation management and operation programs under 22 the jurisdiction of City. 23 17. Succession:. This Agreement shall be binding on and inure to the 24 benefit of the heirs,executors, administrators, and assigns of the parties 25 hereto. 26 / I 27 / -5- 1 18. Disputes: • 2 (a) Any controversy or claim arising out of or relating to the 3 provisions .of this Agreement, or the breach thereof, shall be settled by 4 arbitration at the election of either party in accordance with the Rules of 5 the American Aribitration Association at Los Angeles and judgment upon the 6 award rendered by the abritrators may be entered in any court having 7 jurisdiction thereof. g (b) The Federal Procurement Regulations shall be used where applic- 9 able to define, resolve, and settle procurement issues. 10 19. Stop Work: City may stop work on City's transportation system upon 11 forty-eight (48) hours written notice to M&0. City shall be liable for all 12 relevant costs incurred prior to the stop-work period and for restart, if any. 13 City shall be obligated for the costs including severance for personnel assigned . 14 to City's transportation system for a period not to exceed four (4) weeks 15 after the stop work goes into effect. M&0 shall make all reasonable efforts 16 to minimize costs to City. 17 20. Termination: 18 (a) City may terminate the Agreement upon ninety (90) days' written 19 notice to M&0 and shall be liable for costs and a prorate of the fee as. spe- 20 cified under the heading "Price Formula" accrued to date of termination and 21 for all other termination costs. In the event the Agreement is terminated, 22 all pertinent data prepared for the project shall be made available to City 23 without additional cost. 24 (b) In the event City is delinquent in paying M&0 by more than 25 fifteen (15) calendar days and has received a statement by certified mail of 26 the delinquency from M&0, then M&0 may serve, by certified mail, a notice of . 27 its intent to suspend operations at least seven (7) calendar days subsequent -6- • r 1 to the receipt of notice by City. If City does not correct the delinquency or 2 if the ,parties do not agree to arbitrate the dispute under the provisions of 3 this Agreement, then M&O may suspend operations without further notice or 4 penalty on the date indicated by the notice. 5 21. Communications: All notices hereunder and communications with 6 respect to this Agreement shall be effective upon the mailing thereof by 7 registered or certifed mail, return receipt requested, and postage prepaid to g the persons named below: 9 If to M&0: Contract Administrator COMMUNITY TRANSIT SERVICES, INC. 10 Suite D 2121 West Crescent Avenue 11 Anaheim, California 92801 12 With copy to: President COMMUNITY TRANSIT SERVICES, INC. 13 Suite D 2121 West Crescent Avenue 14 Anaheim, California 92801 15 If to City: City Manager CITY OF ATASCADERO 16 Post Office Box 747 6501 Palma Avenue 17 Atascadero, CA 93422 18 22. Information and Documents: All information, data, reports, records, 19 maps, survey results as are existing, available, and necessary for carrying 20 out the work as outlined in Exhibit "A" hereof, shall be furnished to M&O 21 without charge by City, and City shall cooperate in every way possible in the 22 carrying out of the work without undue delay. 23 ?3. Proprietary Rights: All inventions, improvements, discoveries, 24 proprietary rights, patents, and copyright made by M&O under this Agreement 25 shall be made available to City with no royalties, charges, or other costs, 26 but shall be owned by M&0. All manuals prepared by M&O under this Agreement 27 shall be made available to City at no charge but shall be owned by M&O and i -7- 1 shall not be copied, disclosed, or released by City or City's representative • 2 or participating organization without prior written consent of M&0. Reports 3 are excluded from this provision, and shall be owned by City. M&O, however, 4 shall have the right to print and issue copies of these reports. M&O may make 5 presentations and releases relating to the project. Papers and other formal 6 publications shall be approved by City before they are released. 7 24. Force Majeure: 8 (a) M&O shall not be held responsible for losses, delays, failure 9 to perform, or excess costs caused by events beyond the control of M&0. Such 10 events may include, but are not restricted to, the following: Acts of God; 11 fire, epidemics, earthquake, flood, or other natural disaster; acts of the 12 government; riots, strikes, war, or civil disorder; unavailability of fuel. 13 (b) The Agreement shall be subject to immediate-renegotiation for . 14 an equivalent price increase and/or reduction in scope in the event that the 15 inflation rate, as measured by the cost of living index, exceeds a rate of 16 ten percent (10%) per year. 17 25. Shortages and Delays: In the event that City fails to provide or 18 delays providing items as herein provided, in the number and size required, 19 then M&O shall not be responsible for any delays or resulting decline in the 20 quality of service. 21 26. Emergency Procedures: In the event of a major emergency such as 22 an earthquake, dam failure, or man-made catastrophe, M&O shall make transpor 23 tation and communication resources available to the degree possible for 24 emergency assistance. If the normal line of direct authority from City is 25 intact,. M&O shall follow instruction of City. If the normal line of direct 26 authority is broken, and for the period while it is broken,• M&O shall make 27 best use of transportation resources following to the degree possible the -8- i 1 direction of an organization such as the police, Red Cross, or National 2 Guard, ,which appears to have assumed responsibility. Emergency uses of 3 transportation may include evacuation, transportation of injured, and move - 4 ment of people to food and shelter. -M&O shall be reimbursed in accordance 5 with the normal "Price Formula" and "Payment" or, if the normal method does 6 not cover the types of emergency services involved, then on the basis of 7 fair, equitable, and prompt reimbursement of M&0's actual costs. Reimburse- 8 ment for such major emergency services shall be over and above "Maximum 9 Obligation" of this contract. Immediately after the emergency condition 10 ceases, M&O shall reinstitute normal transportation services. 11 27. Audit: M&0 shall permit the authorized representatives of City, the 12 U.S. Department of Transportation, and the Comptroller General of the United 13 States to inspect and audit all data and records of the contractor relating to 14 performance under this Agreement. M&O operates on a four-four-five week 15 accounting cycle which is acceptable to City. 16 28. Transportation Data Reporting: M&O shall report transportation data 17 to City in accordance with Level C of the Uniform Financial Accounting and 18 Reporting Elements (FARE) as required under Section 15 of the Urban Mass 19 Transportation Act of 1964 as amended and the California Public Utilities 20 Code, Chapter 4, Section 99243. 21 29. Licenses: A license and a Certificate of Public Convenience and 22 Necessity to operate in accordance with this Agreement are hereby granted to 23 M&0. Any franchise or business license fees that City might ordinarily require 24 for operation in accordance with this Agreement are hereby expressly waived 25 by City. 26 / 27 / -9 1 30. Workers' Compensation: M&0 certifies that it is aware of the 2 provisions of the Labor Code of the State of California which require every 3 employer to be insured against liability for Workers' Compensation or to 4 undertake self-insurance in accordance with the provisions of that Code, and 5 it certifies that it will comply with such provisions before commencing the 6 performance of the work of this Agreement. 7 31. General Insurance: Throughout the term of this Agreement, M&0 g shall procure and maintain a Five Million Dollar ($5,000,000) general business 9 liability and umbrella insurance policy. M&0 shall name City as additional 10 insured on this policy and shall provide City with a copy. 11 32• Vehicle Insurance: City shall provide or insure that others pro 12 vide insurance coverage for losses of and damage by all vehicles used in the 13 program. Any losses or damages not covered by insurance shall be an obli- • 14 gation of City and not, under any circumstances, of M&0. M&0 shall not be 15 required to obtain collision, property, or personal injury insurance for any 16 vehicle provided by City under this Agreement. City shall insure that M&0 17 is named as additional insured under the policy covering the buses used in 18 this program and shall provide M&0 with a copy of the policy. 19 33. Fidelity Bond: During the period of time this Agreement shall be 20 in effect, M&0 shall cause its staff personnel to be covered under an appro- 21 priate bond protecting City from employee theft up to the amount of Twenty- 22 Five Thousand Dollars ($25,000) with respect to any one occurrence by M&0 23 emplcyees. 24 34. Nondiscrimination: 25 (a) In connection with the execution of this Agreement, M&0 shall not 26 discriminate against any employee or applicant for employment because of 27I / • -10- I I age, race, religion, color, sex, or national origin. M&O shall take affirma- 2 tive actions to insure that applicants are employed, and that employees are 3 treated during their employment, without regard to their age, race, religion, 4 color, sex, or national origin. Such actions shall include, but not be 5 limited to, the following: employment, upgrading, demotions or transfer; 6 recruitment or recruitment advertising; layoff or termination; rate of pay 7 or other forms of compensation; and selection for training, including appren 8 ticeship. 9 (b) M&O shall also comply with the requirements of Title VI of the 10 Civil Rights Act of 1964 (P.L. 88-352) and with all applicable regulations, 11 statutes, laws, etc. , promulgated pursuant to the civil rights acts of the 12 state and federal government now in existence or hereafter enacted. Further, 13 M&O shall also comply with the provisions of Section 1735 of the California 14 Labor Code. 15 35. Minority Business Enterprise: In connection with the performance 16 of this contract, M&O will cooperate with City in meeting City' s commitments 17 and goals with regard to the maximum utilization of minority business enter 18 prises and will use its best efforts to insure that minority business enter 19 prises shall have the maximum practicable opportunity to compete for sub- 20 contract work under this contract. 21 36. Cross-Hiring of Employees, Officers, Members: 22 (a) During the term of this Agreement, M&O shall not hire any 23 supervisory employee of City, or former supervisory employee of City without 24 prior written approval of City. City shall not hire any employee or former 25 employee of M&O without prior approval of M&0. Only former employees who 26 have terminated their employment with one of the parties within a year prior- 27 / I period shall be a "former employee" or a "former supervisory employee" as 2 referred to above.. 3 (b) During the term of this Agreement, neither party shall hire 4 any present or former officer, shareholder, or member of the other party 5 without the express written approval of the other party. 6 (c) After the expiration or termination of this Agreement, City 7 or M&0's successor, shall be permitted to hire any M&O employee previously g employed on this program. At that time, in hiring an M&O employee or a 9 former M&O employee, City shall insure and require that employment process 10 fairly treat the ex-M&O employee as a member of the gereral public with no 11 discrimination, no waiver of job advertising, no consideration of M&O 12 employee's seniority, and no other privilege different from that accorded to 13 members of the general public. • 14 37. Interest of Members of or Delegates to Congress: No member of or 15 delegate to the Congress of the United States shall be admitted to any share 16 or part of this contract or to any benefit arising therefrom. 17 38. Prohibited Interest: No member, officer, or employee of City 18 during his/her tenure or one year thereafter shall have any interest, direct 19 or indirect, in this contract or the proceeds thereof. 20 39. Conflict of Transportation Interests: M&O shall not divert any 21 revenues, passengers, or other business from City's project to any taxi or 22 other transportation operation of M&0. 23 40. Transfer of Title to Equipment: - Equipment and supplies purchased 24 by M&O as a direct-charge item in connection with the performance of this 25 Agreement shall become the property of City upon payment of invoice for that 26 equipment and supplies submitted by M&0. - . 27 / i -12- 1 41. Headings: The headings or titles to sections of this Agreement are 2 not part of the Agreement and shall have no effect upon the construction or 3 interpretation of any part of this Agreement. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be 5 executed by and through their respective officers thereunto duly authorized 6 on the date written below their signatures. 7 CITY OF ATASCADERO COMM N1TY T S StRVICES, INC. 8 By: By j g Date Date: `. 10 Witnessed by: And by: 12 Date: Date: 13 Approved as to rov A r : q m 14 15 Date: 16 Approved to Content: 17 18 Date: 19 20 21 22 23 24 25 26 27 I -13- EXHIBIT "A" SCOPE OF WORK TASK 1 - SYSTEM OPERATION The M&O will operate the system in accordance with currently estab- lished procedures. The system will be operated between the hours of 7:30 a.m. and 6:00 p.m. , five (5) days per week, Monday through Friday. Subject to vehicle availability, M&O will provide an average of twenty-two and one-half (22.5) vehicle hours of service on a weekday for a total of one hundred twelve and one-half (112.5) vehicle hours of service per typical week. No service will be provided on Sundays or the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day. Charter services will also be provided when requested or approved by the CITY. M&O will provide the properly trained vehicle operators and control- ler to operate the system. Throughout the day, supply (in terms of con- trollers and drivers) will be tailored to demand. To cover normal opera- ting hours (defined above), one controller and the equivalent of two drivers (perhaps one full-time and two part-time) will be needed. In addition to operating the vehicles and the control center, M&O personnel will perform fare accounting, transfer revenue to CITY as mutually agreed upon, and collect data for periodic analysis. They also will serve as another channel for detecting and reporting crimes, acci- dents, fires, and any other events affecting the safety and well-being of Atascadero residents. It is understood that the CITY will provide a fleet of three ve- hicles; vehicle licenses; insurance; and fuel, oil, and grease, and all vehaicle cleaning and maintenance; an operating local radio system with license; and three (3) mobile units installed in the vehicles including maintenance; facilities for garaging the vehicles; and control center; facilities including equipment and a telephone system, plus janitorial services and supplies. COMMUNITY TRANSIT SERVICES, INC. -1- TASK 2 - SYSTEM MANAGEMENT M&0 will manage the day-to-day. operations in accordance with cur- rently adopted procedures and good management practice. Management of the day-to-day operations of the system will be vested in a Location Supervisor who will be well-experienced in all aspects of dial-a-ride operations. In addition, a responsible senior employee of M&0 will be available at all times, either by phone or in person, to make decisions or provide coordination as necessary. The above individuals will be responsible for monitoring all aspects of the system operation and maintenance. Included are ridership; quality of service; fare collection and accounting in accordance with currently established procedures; maintenance and repair work; attitudes, motiva- tions, and performance of all personnel. Methods of improving the system operations and service will be sought out, along with deficiency and .sub standard performance. Results will be reported to CITY along with any cor- rective actions which may have been taken. In no case will corrective action which affects the nature, quality, or quantity of service be taken without first obtaining CITY approval. • Monthly reports summarizing ridership, revenue, and costs will be submitted to the CITY. Problems will be highlighted along with suggested solutions. In addition, these reports will contain a critique and evalua- tion of the system and service along with recommended corrective action when appropriate. All reports will be submitted to the CITY, in duplicate, by the fifteenth (15) day of the month following the reporting period. Additionally, management personnel will recruit, hire, and train re- placement personnel as necessary; perform liaison activities with the CITY and other transportation agencies as requested by the CITY; and give occasional presentations to interested persons and visitors. Since manpower to make presentations will be limited, such requests should be carefully controlled and made through the Location Supervisor. Un • COMMUNITY TRANSIT SERVICES, INC. -2- CITY OF ATASCADERO COST BREAKDOWN FISCAL YEAR 1981/82 LABOR Management $ 15,600 Controllers 8,000 Vehicle Operators 25,922 Direct Labor $ 49,522 Indirect Labor 27,237 Total Labor $ 76,759 OPERATING COSTS Travel/Petty Cash $ 400 Physicals 250 • Supplies 1,000 $ 1,650 COST $ 78,409 FEE 8,500 PRICE $ 86,909 $86,909 - 5,715* service hours = $15.21 per hour *Based upon 22.5 hours per day t • COMMUNITY TRANSIT SERVICES, INC. -3-