HomeMy WebLinkAboutAgenda Packet 05/13/1997 *PUBLIC REVIEW COPY
Please do not re >
Ve
from counter _
ATASCADERO CITY COUNCIL
REGULAR MEETING
MAY 13, 1997
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE 4T" FLOOR ROTUNDA ROOM
0 i
George Harold Ray Jerry Ken
Luna Carden Johnson Clay Lerno
This agenda is prepared and posted pursuant to the requirements of Government
code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its
intent to discuss and act on each item. In addition to any action identified in the brief general
description of each item, the action that may be taken shall include: A referral to staff with
specific requests for information; continuance;specific direction to staff concerning the policy
or mission of the item; discontinuance of consideration; authorization to enter into
negotiations and execute agreements pertaining to the item; adoption or approval; and,
disapproval.
Copies of the staff reports or other documentation relating to each item of business
referred to on the agenda are on file in the office of the City Clerk (Room 208) and in the
Information Office (Room 103), available for public inspection during City Hall business hours.
The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need special assistance
to participate in a City meeting or other services offered by this City, please contact the City
Manager's Office, (805) 461-5010, or the City Clerk's Office, (805) 461-5074. Notification
at least 48 hours prior to the meeting or time when services are needed will assist the City
staff in assuring that reasonable arrangements can be made to provide accessibility to the
meeting or service.
6:30 P.M. - CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation: Two (2) potential cases
(City Attorney recommendation: Authorize settlement discussions by City Attorney)
7:00 P.M. -
REGULAR SESSION: (P/ease see Rules of Public Participation backpage)
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
COUNCIL COMMENTS
4
SPECIAL PRESENTATIONS:
• Employee Public Service Recognition
• Resolution No. 32-97 - Recognizing outgoing Atascadero High Head Football Coach
Larry Welsh for his service to the community [Mike McCain]
COMMUNITY FORUM
A. CONSENT CALENDAR: Al/matters listed under Item A, Consent Calendar, are
considered to be routine and will be enacted by one motion in the form listed below.
There will be no separate discussion on these items. A member of the Council or
public may, by request, have any item removed from the Consent Calendar, which
shall then be reviewed and acted upon separately after the adoption of the Consent
Calendar.-
1.
alendar:1. CITY COUNCIL MINUTES - February 3, 1997 (Adjourned Meeting) [Marcia
Torgerson]
(City Clerk recommendation: Approve)
2. FINAL PARCEL MAP 96014, 6600 LOMITAS - Final consideration to subdivide one
lot of eight (8) acres into two (2) lots of 3.00 and 4.46 acres for single-family
residential use (Graves/Sholders) [Steve DeCamp]
(Planning Commission/Staff recommendation: Approve)
3. TENTATIVE PARCEL MAP 96007, 8745/8775 COROMAR ROAD - Consideration to
divide two lots of 1 .05 and 1.15 acres into four parcels of 0.50, 0.50, 0.51 and
0.55 acres for single-family residential use (Jackson/Shores/Sholders Surveys)
[Steve DeCamp]
(Planning Commission/Staff recommendation: Approve)
4. RESOLUTION NO. 34-97 - Authorizing and approving the borrowing of funds (not to
exceed $1.2 Million) for fiscal year 1997-98; the issuance and sale of a 1997-98
Tax and Revenue Anticipation Note (TRAN); and therefore participation in the
California Communities Cash Flow Financing Program [Rachelle Rickard]
(Staff recommendation: Adopt)
2
5. RATIFICATION OF APPOINTMENT OF TWO MEMBERS-AT-LARGE TO THE
ECONOMIC ROUND TABLE [Marcia Torgerson]
(City Clerk recommendation: Ratify)
6. RESOLUTION NO. 35-97 - Approving the destruction of certain Police Department
records, documents and papers [Bill Watton]
(Staff recommendation: Adopt)
B. PUBLIC HEARINGS:
1. APPEAL OF 4/11/97 PLANNING COMMISSION DECISION REGARDING TREE
REMOVAL AT THE INTERSECTION OF EL CORTE AND ARCADE ROADS [Steve
DeCamp]
(Staff recommendation: Uphold appeal and approve tree removal request)
2. ZONE CHANGE 97001/ZONE CHANGE 96010/TENTATIVE TRACT MAP 96010,
5392 BARRENDA AVE.
Consideration of a zone change application to modify the text of the Zoning
Ordinance with respect to building setback requirements in the PD7 Overlay Zone
and a proposal to establish a Master Plan of Development for a particular site and
subdivide that 0.68-acre site into six (6) lots for residential development consistent
with the Master Plan (Norton/Cannon Associates) [Steve DeCamp]
A. Ordinance No. 325 - Amending Section 9-3.151 of the Zoning Ordinance
relative to building setback requirements (ZC 97001)
(Planning Commission/Staff recommendation: Motion to waive reading in full
and introduce on first reading by title only)
B. Ordinance No. 326 - Amending Map 6 of the official zoning maps by rezoning
certain real properties at 5392 Barrenda Ave. From RMF/16 to RMF/16 (PD7)
(ZC 96010)
(Planning Commission/Staff recommendation: Motion to waive reading in full
and introduce on first reading by title only)
C. Tentative Tract Map 96010
(Planning Commission/Staff recommendation: Approve based on Findings
and Revised Conditions of Approval)
3
3. ZONE CHANGE 96017/ROAD ABANDONMENT 96003/LOT LINE ADJUSTMENT
96008, VISTA BONITA AVENUE ON SOUTH SIDE OF CHALK MOUNTAIN
(Frederick/Cannon Associates) [Steve DeCamp]
A. Ordinance No. 324 - Amending Map 19 of the official zoning maps by
rezoning certain real property on Vista Bonita Ave. From RSF-Y(PD7) and
RSF-Z(PD7) to RSF and RSF-Z (ZC 96017)
(Planning Commission/Staff recommendation: Motion to waive reading in full
and introduce on first reading by title only)
B. Resolution No. 24-97..- Summarily vacating a portion of Vista Bonita Ave.
Pursuant to Streets and Highways Code; Part 3, Public Streets, Highways
and Service Easements Vacation Law; Chap. 4, Summary Vacation (RA
#96003)
(Planning Commission/Staff recommendation: Adopt)
C. Lot Line Adjustment 96008
(Planning Commission/Staff recommendation: Approve, based on Findings
and Conditions of Approval)
4. ORDINANCE NO. 329 - Providing for administrative citations, fines and hearing
procedures pursuant to Government Code Section 53069.4 [Roy Hanley]
(City Attorney recommendation: Motion to waive reading in full and introduce on
first reading by title only)
C. REGULAR BUSINESS:
1. CONSIDERATION OF ZOO FUNDING [Brady Cherry]
(Staff recommendation: Provide direction)
2. ROTARY CLUB LAKE LIGHTING PROJECT [Brady Cherry]
(Status Report. Provide direction)
I
4 .
D. COMMITTEE REPORTS (The following represent standing committees. Informative
status reports will be given, as felt necessary.):
• 1 . S.L.O. County Mayors Group
2. S.L.O. Council of Governments/S.L.O. Regional Transit Authority
3. City/School Committee
4. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group
5. Economic Round Table
6. Finance Committee
7. Air Pollution Control District
8. North County Council
9. Ad Hoc Regional Water Management Committee
10. Integrated Waste Management Authority
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council
2. City Attorney
3. City Clerk: Update on applications submitted for vacancies on commissions/com-
mittees and request to schedule interview session
4. City Treasurer
5. City Manager
F. STATUS OF CITY COUNCIL REFERRALS:
1. Tree Ordinance: Direct staff for agenda date
2. Economic development incentives [Councilman Carden]
3. Weed Abatement/Bates Bill
* NOTICE.- THE CITY COUNCIL WILL ADJOURN THEIR MAY 27TH MEETING TO
A SPECIAL JOINT CITIES MEETING ON JUNE 5, 1997 AT THE
CLIFFS IN SHELL BEACH.
5
RULES OF PUBLIC PARTICIPATION: •
The City Council welcomes and encourages your ideas and
comments as a citizen. To increase the effectiveness of your
participation, please familiarize yourself with the following rules of
decorum:
O Members of the audience may speak on any item on the agenda, in the order
the item(s) are addressed by the Council, as directed by the Mayor. Items not
on the agenda should be submitted during the Community Forum period (see
below).
O Persons wishing to speak should step to the podium and state their name and
address, for the official record.
O All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
O No person shall be permitted to make slanderous, profane or personal remarks
against any elected official, commissions and staff.
O A person may speak for five (5) minutes.
O No one may speak for a second time until everyone wishing to speak has had
an opportunity to do so, and no one may speak more than twice on any item.
O Council Members may question any speaker; the speaker may respond but,
after the allotted time has expired, may not initiate further discussion.
O The floor will then be closed to public participation and open for Council
discussion.
COMMUNITY FORUM:
O The Community Forum period is provided to receive comments from the public
on matters other than scheduled agenda items.
O A maximum of 30 minutes will be allowed for Community Forum, unless
Council authorizes an extension.
O State law does not allow the Council to take action on issues not on the
agenda, staff may be asked to follow up on such items.
MEETING A
RESOLUTION NO. 32-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCAIDERO
RECOGNIZING OUTGOING ATASCADERO HIGH HEAD FOOTBALL COACH LARRY WELSH
FOR HIS SERVICE TO THE COMMUNITY
WHEREAS, Larry welsh has pen 18 years of devoted service as Atascadero High School Head Coach; and
WHEREAS, Mr. Welsh's dedication to his job as coach has hada direct impact on the young yeople under his
charge, being named Cal fornia High School Coach of the Year for 1995, and recognized as the)
fth winningest high
school football coach in California state history; and
WHEREAS, Since coming to Atascadero in 1979, Mr. Welsh has achieved an impressive record of 262 wins,
only 55 losses and 7 ties, and his teams have won or shared twelve Los Padres League Titles, have won seven C.I.F.
Southern section conference championships and havegiven Atascadero High the highest yercentage of wins during the
1980's; and
WHEREAS, Mr. Welsh has continuously demonstrated his abilities in being a devoted and hard working coach to
• the student athletes in the Greyhound yrogram by yreparing young men to be their best, of which a sign cant number have
had the oyyortunity to ylay for major college teams; and
WHEREAS, Through Mr. Welsh's leadershiy, he has rallied together the suyyort of thl community in raising
substantial funds through the Athletic Boosters Club, being a valuable, motivating force behind yarnts and other coaches in
forming a strofg foundation for Atascadero's football yrogram;
NOW, THEREFORE, The Atascadero City Council hereby recognizes Larry Welsh for his outstanding and
dedicated supyort of his community throughout his years of service, congratulates and wishes him continued success for the
future.
The foregoing resolution is unanimously adopted on this 13th day of May, 19 97 .
RAY JOHNSON HAROLD L. CARDEN, III
Mayor Mayor Pro Tem
JERRY L. CLAY, SR. GEORGE LUNA KENNETH LERNO
City council member city council Member city council Member
Agenda Item: A-1
Meeting Date: 5/13/97
ATASCADERO CITY COUNCIL
FEBRUARY 3, 1997
MINUTES
3:00 P.M. - ADJOURNED MEETING:
Mayor Johnson called the Adjourned Meeting to order at 3:00 p.m.
ROLL CALL:
Present: Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson
Absent: None
Others Present: Marcia M. Torgerson, City Clerk
Staff Present: Andrew Takata, City Manager; Roy Hanley, Deputy'City Attorney;
• Cindy Holton, Deputy City Clerk
COUNCIL COMMENTS:
Councilman Clay reiterated a request from regular Council meetings that �-nembers of
Council not talk down to members of City staff. Councilman Luna askedl Councilman Clay
to communicate his specific concerns after the meeting.
PUBLIC COMMENTS:
Eric Greening, 7365 Valle, expressed his amazement at the length of time it is taking for
the hiring of a City Accountant. He encouraged public interviews of candidates for the City
Manager position as a service to both the Council and the observing public.
BUSINESS ITEM:
1. RESOLUTION NO. 10-97 - Appointing Robert F. Grogan as Interim City Manager
Mayor Johnson commented that today's meeting is part of the interviews process for an
Interim City Manager, and it needs to be distinctly clarified from that of the process for
hiring a permanent City Manager. Related Council discussion ensued. Clouncilman Luna
read a prepared statement (Exh. A, attached). It was noted that time is of the essence in
• getting an interim on board in order to facilitate as much transition time iss possible,
preferably two weeks, with the outgoing City Manager.
CC 2/3/97
Page 1
Andy Takata and Roy Hanley reviewed the terms of the proposed contract with Mr.
Grogan.
Public Comment
Eric Greening suggested, if possible, Mr. Grogan be contacted by telephone for an
interview during this meeting. He suggested that Mr. Grogan be asked if he might be
willing to work for about one-half of the City Manager's salary for the first two weeks if
selected as interim.
Lindsay Hampton expressed that she was shocked to learn there would not be public
interviews to select an Interim City Manager, that some of the concerns being discussed
here could have been addressed in that forum.
Mr. Grogan was contacted by telephone and responded to questions from the Council:
Mayor Johnson asked what an Interim City Manager does, to which Mr. Grogan responded.
He indicated there cannot be less than 40 hours per week put in by an interim. The Mayor
asked how Mr. Grogan views the turnover procedure—how does he see it and how is it
critical for an incoming manager, to which Mr. Grogan responded.
Councilman Luna asked what hours the Council and public can be expected to be able to
talk to Mr. Grogan, who responded that he expects to be available on a full-time basis. He
added that he cannot help but get emersed in the job as a manager. Councilman Luna said •
there is dislike on the part of some Council members about starting off having to compen-
sate two City Managers to do the work of one. Mr. Grogan responded that he is willing to
talk with Andy Takata during his attendance at the City Managers Conference next week.
Councilman Clay asked if one week can be a sufficient transition period. Mr. Grogan
responded that he will be here tomorrow, in any event.
Mr. Grogan reassured the Council that he is a committed person and is not a clock-
watcher.
Council discussion ensued regarding the length of the transition period. It was the consen-
sus of the Council to have Mr. Grogan begin work on February 6, 1997. There was
additional discussion pertaining to his compensation. There was concern expressed about
the City's fiscal condition.
Roy Hanley reviewed specific language to be included in the contract, i.e.:
• Effective date to be February 6, 1997.
• Term of the contract ends upon the effective date of the appointment of a full-time,
permanent City Manager. Insert a sentence which states that the contractor accepts
the obligation to stay up to two weeks after the appointment of the full-time City
Manager, at the pleasure of the full-time Manager.
• Add language to scope of service to clarify "full-time interim City Manager". •
CC 2/3/97
Page 2
• Reference and attach copy of the Municipal Code section pertaining to the City
Manager, and attach the job description of the current City Manager.'
• State that the Interim will assist the City Council in the process of selecting a
permanent City Manager.
• Insert a 30-day Notice of Termination (by either party) clause.
Motion: By Councilman Carden, seconded by Councilman Lerno to adopt
Resolution No. 97-10, as amended upon recommendation of the City
Attorney. Motion passed by 5:0 roll-call vote.
The meeting adjourned at 4:09 p.m.
MINUTES RECORDED BY:
MARCIA M. TORGERSON, City Clerk
PREPARED BY:
CINDY L. HOLT , Deputy City Clerk
•
CC 2/3/97
Page 3
CITY COUNCIL MINUTES - 2/3/97
EXHIBIT A (COMMENTS OF COUNCILMAN
GEORGE LUNA)
For the most part I will speak to the contract before us. I want to make my
position on this contract very clear:
My comments have nothing to do with Mr. Grogan. Also, my comments
have nothing to do with therp ocess of his appointment that prevented
three councilmembers and the public from asking basic questions of all
screened applicants. To my knowledge this is the first time that candidates
for a position (even if there was only one applicant) have not been
interviewed by the full council. I voted against that process last Tuesday.
The two most important appointments that any City Council can make are
City Manager and City Attorney. If the Council expects city employees
and the public to have confidence in its decisions, then it should not
blindly accept staff recommendations on important items like this.
This contract is unprofessional; it does not specify, for example, what
duties we can expect from this interim city manager. Nowhere does it say
what the special services of Interim City Manager are!
1) Will the city be run by fax machine from Santa Maria? •
2) Will the interim manager be expected to attend all Council
meetings? What hours will he be available to the Council and
Public?
3) What Council delegated duties are included?
4) Will anything be done to clear the poisonous atmosphere that exists
for some city employees?
5) Will this new management begin to restore an atmosphere of
harmony and teamwork so that the public's work can be
expeditiously done by its employees?
6) What role will the interim manager play in the hiring of a permanent
city manager? What role will he play in the hiring of the three
permanent employees allowed for in this budget?
7) For the next two weeks we will be paying for two city managers (a
total of$ 8300). From what part of the budget is this coming?
It is ironic that this shabby work is tolerated by the Council. Clearly, the
media bestowed mantra of pro-business does not mean businesslike. Is
• REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Itjem: A-2
Through: Robert F. Grogan Meeting Date: 05/13/97
Interim City Manager
File Numloer: TPM 96014
via: Steven L. DeCamp
Acting Community Development Director
From:, JA Doug Davidson, Senior Planner
�`
SUBJECT:
Consideration of Final Parcel Map #96014 to subdivide one lot of
8.00 acres into two (2) lots of 3.00 and 4 .46 net acres each for
single family residential use. Subjedt site is located at 6600
Lomitas Road. (David Graves/Doug Sholders)
RECOMMENDATION•
Accept Final Parcel Map #96014.
• BACKGROUND:
On January 1, 1997, the City Council considered the above-
referenced map on their Consent Calendar. Thea City Council
approved Tentative Parcel Map 96014 based on the Planning
�Conditions
Commission' s recommendation and the Findings and of
Approval. All conditions have now been met by thei
iapplicant and
the Final Map is ready to record.
Ph\
Attachment: Location Map
cc: David Graves
Doug Sholders
i
000001
ATTACHMENT A
r� ' `•i'`
_'TT I'Y (_)F AT I'A C;(_'A 11 F 1?(l 1
LAND USE MAP
c�nF COMMUNITY DEVELOPMENT TPM 96014
DEPARTMENT •
N �\
i
APJC
L
""`'• � 1 ('�� °Mir
i I � L 5
S It �.:
,t SANrA
t
IA
IN
i
000002
. REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Itgm: A-3
Through: Robert F Grogan Meeting D*te: 05/13/97
Interim City Manager
File Number: TPM 96007
via: Steven L. DeCamp
Acting Community Development Director
From:'�' Doug Davidson, Senior Planner
SUBJECT:
Consideration of Final Parcel Map #96007 to divide two lots, 1. 05
and 1 . 15 acres each, into four parcels of 0 .50, 0 .350, 0.51, and
0.55 acres each for single family residential use. Sjubject site is
located at 8745/8775 Coromar Road (Dale and Alfre4a Jackson/Jim
Shores) (Sholders Surveys) .
RECOMMENDATION:
Accept Final Parcel Map #96007 .
BACKGROUND:
On August 27, 1996, the City Council considered the above-
referenced map on their Consent Calendar. The ICity Council
approved Tentative Parcel Map 96007 based on the P14tnning Commis-
sion' s recommendation and the Findings and Revised Conditions of
Approval. All conditions have now been met by the ;applicant and
the Final Map is ready to record.
Ph\
Attachment: Location Map
cc: Dale & Alfreda Jackson
Jim Shores
Doug Sholders
000003
ATTACHMENT A
.,.. .. CITY OF ATASCA
�R;1«a ,. .•. DERO — LOCATION/ZONING MAP
COMMUNITY DEVELOPMENT TPM 96007
DEPARTMENT
WSJ- -
.
RSF•z ��-
�° MF-4(,P6) ! '
� i
ycc
lu
YRSFax ♦ Z // 7`
�0�\�\
Q / �✓. j 1
� o o.
� per\, z ` � •
04
f
S l 7r C T
•t � f�T)
Jqo
AD—
Tr r
5�
_ 000004
REPORT TO CITY COUNCIL Meeting Date: Ma� 13, 1997
CITY OF ATASCADERO Agenda Item: A_4
•
Through: Bob Grogan, Interim City Manager
From: Rachelle Rickard, Accountant
SUBJECT:
California Statewide Community Development Authority 1997-98 Tax and Revenue
Anticipation Notes (TRANs)
RECOMMENDATION:
Staff recommends approving Resolution No34-97,authorizing the issuance of the FY 97-98
TRANs in an amount not-to-exceed $1,200,000.
NOTE: Approval of this Resolution does not obligate the City to accept the -
TRAN if final pricing does not make the borrowing cost effective***
BACKGROUND:
This is the sixth year that the City has pursued a TRANS. Historically the purpose of the
TRAN has been to cover cash shortfalls that arose due to the timing differences between
when revenues are received and when expenditures are made. It has also provided an
additional source of revenue for the City because the cost of borrowing the funds has been
less than the amount that the City has earned investing the funds in LAIF.
Although it appears that in 1997-98 the City will not need the TRAN proceeds to cover a
cash shortfall for the City, the TRAN is an opportunity to provide a cash "Ofety net' for the
City and will provide additional revenue for the City.
Like previous TRANs, this TRAN is being sought under a Statewide pool. This is being
done for several reasons. First, the costs associated with the issuance are less than the
independent method. (An example is the administration time needed to process
documentation and the methodology used in*the preparation.) Another is the ability to
obtain the highest credit rating on the financing with the availability of insurance.
The attached resolution authorizes the issuance of the TRAN in an amount not to exceed
$1,200,000. The resolution also authorizes various financing documentation, including a
purchase agreement (Exhibit B to the Resolution). The resolution authorizes the City
Manager, the Treasurer and the Mayor to sign financing documentation in connection with
the issuance of the TRAN. The resolution also appoints the law firm of Orrick, Herrington &
Sutcliffe as bond counsel to the City. (Orrick is a national law firm which specializes in
municipal bond law.
FISCAL IMPACT:
Income from TRAN issuance is estimated to be between $8,000 - $ 27,000. This revenue
may be increased or decreased and is dependent upon the interest spread. The interest
rate for the TRAN will be set on June 14, 1997. At that time this item will be brought before
the Finance Committee to determine if the City will participate in TRAN and what the City
will invest the proceeds in.
000005
1997 TRAM Program
1997 TRAN Program Timetable
Status Boxes Timing Objective Event
❑ by February 28, 1997 Earlybird Special
❑ by March 28, 1997 Send copies of your agency's June 30, 1994, 1995 and
1996 audits and 1996-97 budget to Sutro. Prior program
participants only need to update financial statement
information currently on file with Sutro.
❑ by April 15, 1997 Complete and return the Program Worksheets to Sutro.
❑ by May 16, 1997 Adopt and return the Note Resolution and signed
documents to Orrick,Herrington& Sutcliffe.
❑ by June 14, 1997 Be available for the interest rate pricing call (exact date to
be scheduled).
❑ by June 15, 1997 Send Local Agency Counsel Opinion to Orrick,Herrington
& Sutcliffe
❑ by July 1, 1997 Note issue is closed and funds are available to participating
local agencies.
status of tasks
✓ = task completed i
• = task in process
(�U0QO�; 1 - 1
CITY OF ATASCADERO
LOCAL AGENCY RESOLUTION
NUMBER 34-97
RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF
FUNDS FOR FISCAL YEAR 1997-1998; THE ISSUANCE AND SALE OF
A 1997-1998 TAX AND REVENUE ANTICIPATION NOTE
THEREFOR AND PARTICIPATION IN THE CALIFORNIA
COMMUNITIES CASH FLOW FINANCING PROGRAM
WHEREAS, local agencies are authorized by Section 53850 to 53858, both inclusive,
of the Government Code of the State of California (the "Act") (being Article 7.6, Chapter 4, Part 1,
Division 2, Title 5 of the Government Code) to borrow money by the issuance of temporary notes;
WHEREAS, the legislative body (the "Legislative Body") of the local agency specified
in Section 25 hereof (the "Local Agency") has determined that a sum (the "Principal Amount"), not to
exceed the Maximum Amount of Borrowing specified in Section 25 hereof, which Principal Amount is
to be confirmed and set in the Pricing Confirmation (as defined in Section 4 hereof),',is needed for the
• requirements of the Local Agency, to satisfy obligations of the Local Agency, and that it is necessary that
said Principal Amount be borrowed for such purpose at this time by the issuance of a note therefor in
anticipation of the receipt of taxes, income, revenue, cash receipts and other moneys to be received by
the Local Agency for the general fund of the Local Agency attributable to its fiscal year ending June 30,
1998 ("Fiscal Year 1997-1998");
WHEREAS, the Local Agency hereby determines to borrow, for the purposes set forth
above, the Principal Amount by the issuance of the Note (as hereinafter defined);
WHEREAS, it appears, and this Legislative Body hereby finds and determines, that the
Principal Amount, when added to the interest payable thereon, does not exceed eighty-five percent(85%)
of the estimated amount of the uncollected taxes, income, revenue (including, but not limited to, revenue
from the state and federal governments), cash receipts and other moneys of the Local Agency attributable
to Fiscal Year 1997-1998 and available for the payment of the principal of the Nota; and the, interest
thereon;
WHEREAS, no money has heretofore been borrowed by or on behalf of the Local
Agency through the issuance of tax anticipation notes or temporary notes in anticipation of the receipt
of, or payable from or secured by, taxes, income, revenue, cash receipts or other moneys for Fiscal Year
1997-1998;
WHEREAS,pursuant to Section 53856 of the Act,certain moneys which will be received
by the Local Agency during and attributable to Fiscal Year 1997-1998 can be pledged for the payment
of the principal of the Note and the interest thereon (as hereinafter provided);
Copyright, 1/1/1997, Orrick, Herrington &Sutcliffe. All rights reserved.
I
00000
WHEREAS, the Local Agency has determined that it is in the best interests of the Local
Agency to participate in the California Communities Cash Flow Financing Program (the "Program"),
whereby participating local agencies (collectively,the "Issuers")will simultaneously issue tax and revenue
anticipation notes;
WHEREAS, the Program requires the participating Issuers to sell their tax and revenue
anticipation notes to the California Statewide Communities Development Authority (the "Authority")
pursuant to note purchase agreements (collectively, "Purchase Agreements"), each between such
individual Issuer and the Authority, and dated as of the date of the Pricing Confirmation, a form of which
has been submitted to the Legislative Body;
WHEREAS, the Authority, in consultation with Sutro & Co. Incorporated, as financial
advisor for the Program (the "Financial Advisor"), will form one or more pools of notes (the "Pooled
Notes") and assign each note to a particular pool (the "Pool") and sell a series (the "Series") of bonds
(the "Bonds") secured by each Pool pursuant to an indenture(the "Indenture")between the Authority and
U.S. Trust Company of California, N.A., as trustee(the "Trustee"), each Series distinguished by whether
or what type(s) of Credit Instrument(s) (as hereinafter defined) secure(s) such Series, by the principal
amounts of the notes assigned to the Pool or by other factors, and the Local Agency hereby acknowledges
and approves the discretion of the Authority to assign the Note to such Pool and such Indenture as the
Authority may determine;
WHEREAS, as additional security for the owners of each Series of Bonds, all or a
portion of the payments by all of the Issuers of the notes assigned to such Series may or may not be
secured (by virtue or in form of the Bonds, as indicated in the Pricing Confirmation, being secured in
whole or in part) by an irrevocable letter (or letters) of credit or policy (or policies) of insurance or
proceeds of a separate bond issue issued for such purpose(the "Reserve Fund") or other credit instrument
(or instruments) (collectively, the "Credit Instrument") issued by the credit provider or credit providers
designated in the Indenture, as finally executed (collectively, the "Credit Provider"), pursuant to a credit
agreement or agreements or commitment letter or letters or, in the case of the Reserve Fund, an indenture
(the "Reserve Indenture") (collectively,the "Credit Agreement")between(i) in the case of an irrevocable
letter (or letters) of credit or policy (or policies) of insurance, the Authority and the respective Credit
Provider and (ii) in the case of the Reserve Fund, the Authority and U.S. Trust Company of California,
N.A., as trustee of the Reserve Indenture (the "Reserve Trustee");
WHEREAS, if, as designated in the Pricing Confirmation, the Credit Instrument is the
Reserve Fund, bonds issued pursuant to the Reserve Indenture (the "Reserve Bonds") may, as indicated
in the Pricing Confirmation, be secured by an irrevocable letter of credit or policy of insurance or other
credit instrument(the "Reserve Credit Instrument") issued by the credit provider identified in the Reserve
Indenture as finally executed (the "Reserve Credit Provider"), pursuant to a credit agreement or
commitment letter (the "Reserve Credit Agreement") identified in the Reserve Indenture as finally
executed, such Reserve Credit Agreement being between the Authority and the Reserve Credit Provider;
WHEREAS, the net proceeds of the Note may be invested by the Local Agency in
Permitted Investments (as defined in the Indenture) or in any other investment permitted by the laws of
the State of California, as now in effect and as hereafter amended, modified or supplemented from time
to time;
WHEREAS, PP as part of the Program each participating Issuer approves the Indenture,the 0
alternative forms of Credit Agreements, if any, and the alternative forms of Reserve Credit Agreements,
if any, in substantially the forms presented to the Legislative Body, with the final form of Indenture, type
of Credit Instrument and corresponding Credit Agreement and type of Reserve Credit Instrument and
000008
corresponding Reserve Credit Agreement, if anY� to be determined and approved �by delivery of the
Pricing Confirmation;
WHEREAS, pursuant to the Program each participating Issuer will be responsible for
its share of (a) the fees of the Trustee and the costs of issuing the applicable Series of Bonds, and (b),
if applicable, the fees of the Credit Provider, the fees of the Reserve Credit Provider (which shall be
payable from, among other sources, investment earnings on the Reserve Fund and moneys in the Costs
of Issuance Fund established and held under the Indenture), the Issuer's allocable share of all Predefault
Obligations and the Issuer's Reimbursement Obligations, if any (each as defined in the Indenture);
WHEREAS, pursuant to the Program each participating Issuer willbe responsible for
its share of the fees of the Reserve Trustee and the costs of issuing the applicable Series of Reserve
Bonds,all such costs and fees being payable from the proceeds of the applicable Series of Bonds (or, with
respect to costs and fees of the Reserve Credit Provider, as may otherwise be provided in the Reserve
Indenture);
WHEREAS, pursuant to the Program, the underwriter will submit an offer to the
Authority to purchase, in the case of each Pool of Notes, the Series of Bonds which will be secured by
the Indenture to which such Pool will be assigned;
WHEREAS, it is necessary to engage the services of certain professionals to assist the
Local Agency in its participation in the Program;
SNOW, THEREFORE, the Legislative Body hereby finds, determines, declares
and resolves as follows:
Section 1. Recitals. This Legislative Body hereby finds and determines that all the
above recitals are true and correct.
Section 2. Authorization of Issuance. This Legislative Body hereby determines to
borrow solely for the purpose of anticipating taxes, income, revenue, cash receipts and other moneys to
be received by the Local Agency for the general fund of the Local Agency attribumble to Fiscal Year
1997-1998, by the issuance of a note in the Principal Amount under Sections 538%et M. of the Act,
designated the Local Agency's "1997-1998 Tax and Revenue Anticipation Note" (the "Note"), to be
issued in the form of one fully registered note at the Principal Amount thereof, to be dated the date of
its delivery to the initial purchaser thereof, to mature (without option of prior redemption) not more than
fifteen months thereafter on a date indicated on the face thereof and determined in the Pricing
Confirmation (the "Maturity Date"), and to bear interest,payable at maturity (and if the maturity is more
than twelve months from the date of issuance,payable on the interim payment date set'forth in the Pricing
Confirmation) and computed upon the basis of a 360-day year consisting of twelve 30-day months, at a
rate not to exceed ten percent (10%)per annum as determined in the Pricing Confirmation and indicated
on the face of the Note (the "Note Rate"). If the Series of Bonds issued in connection with the Note is
secured in whole or in part by a Credit Instrument or such Credit Instrument (other than the Reserve
Fund) secures the Note in whole or in part and all principal of and interest on the Note is not paid in full
at maturity or if payment of principal of and/or interest on the Note is paid (in whole or in part) by a
• draw under, payment by or claim upon a Credit Instrument which draw, payment or claim is not fully
reimbursed on such date, such Note shall become a Defaulted Note (as defined in the[ndenture), and the
unpaid portion (including the interest component, if applicable) thereof (or the portion (including the
interest component, if applicable) thereof with respect to which a Credit Instrument applies for which
reimbursement on a draw, payment or claim has not been fully made) shall be deemed outstanding and
shall continue to bear interest thereafter until paid at the Default Rate (as defined in the Indenture). If
the Credit Instrument•is the Reserve Fund and the Reserve Bonds issued to fund the Reserve Fund are
000009
secured by the Reserve Credit Instrument and a Drawing (as defined in the Indenture to the
) Pertainin g
Note is not fully reimbursed by the Reserve Principal Payment Date (as defined in the Indenture), such
Note shall become a Defaulted Reserve Note (as defined in the Indenture), and the unpaid portion
(including the interest component, if applicable) thereof (or portion (including the interest component,
if applicable)with respect to which the Reserve Fund applies for which reimbursement on a Drawing has
not been fully made) shall be deemed outstanding and shall continue to bear interest thereafter until paid
at the Default Rate. If the Note or the Series of Bonds issued in connection with the Note is unsecured
in whole or in part and the Note is not fully paid at maturity, the unpaid portion thereof(or the portion
thereof to which no Credit Instrument applies which is unpaid) shall be deemed outstanding and shall
continue to bear interest thereafter until paid at the Default Rate. In each case set forth in the preceding
three sentences, the obligation of the Local Agency with respect to such Defaulted Note or unpaid Note
shall not be a debt or liability of the Local Agency prohibited by Article XVI, Section 18 of the
California Constitution and the Local Agency shall not be liable thereon except to the extent of any
available revenues attributable to Fiscal Year 1997-1998,as provided in Section 8 hereof. The percentage
of the Note to which a Credit Instrument, if any, applies (the "Secured Percentage") shall be equal to the
amount of the Credit Instrument divided by the aggregate amount of unpaid principal of and interest on
the unpaid notes (or portions thereof) of all Issuers, expressed as a percentage (but not greater-than
100%) as of the maturity date. The percentage of the Note to which the Reserve Credit Instrument, if
any, applies (the "Secured Reserve Percentage") shall be equal to the amount of the Reserve Credit
Instrument divided by the aggregate amount of unpaid principal of and interest on such unpaid notes (or
portions thereof, including the interest component, if applicable), expressed as a percentage (but not
greater than 100%) as of the Reserve Principal Payment Date.
Both the principal of and interest on the Note shall be payable in lawful money of the
United States of America. The principal of and interest on the Note at maturity shall be paid upon
surrender of the Note at the corporate trust office of U.S. Trust Company of California, N.A. in Los
Angeles, California.
The Note shall be issued in conjunction with the note or notes of one or more other
Issuers as part of the Program and within the meaning of Section 53853 of the Act.
Section 3. Form of Note. The Note shall be issued in fully registered form without
coupons and shall be substantially in the form and substance set forth in Exhibit A as attached hereto and
by reference incorporated herein, the blanks in said forms to be filled in with appropriate words and
figures.
Section 4. Sale of Note; Delegation. The Note shall be sold to the Authority pursuant
to the Purchase Agreement. The form of the Purchase Agreement, including the form of the pricing
confirmation supplement (the "Pricing Confirmation") set forth as Exhibit A thereto, presented to this
meeting are hereby approved. The authorized representatives set forth in Section 25 hereof (the
"Authorized Representatives") are each hereby authorized and directed to execute and deliver the
Purchase Agreement in substantially said form, with such changes thereto as such Authorized
Representative shall approve, such approval to be conclusively evidenced by his or her execution and
delivery thereof, provided, however, that the Purchase Agreement shall not be effective and binding on
the Local Agency until the execution and delivery of the Pricing Confirmation. The Authorized
Representatives are each hereby further authorized and directed to execute and deliver the Pricing
Confirmation in substantially said form, with such changes thereto as such Authorized Representative
shall approve, such approval to be conclusively evidenced by his or her execution and delivery thereof;
provided, however, that the interest rate on the Note shall not exceed ten percent (10%) per annum, the
discount on the Note, when added to the Local Agency's share of the costs of issuance of the Bonds,shall
not exceed one percent (1.0%), and the Principal Amount shall not exceed the Maximum Amount of
000010
• Borrowing. Deliveryof an executed co of the Pricing Confirmation b fax or telecd shall be deemed
PY g Y PY
effective execution and delivery for all purposes.
Section 5. Program Approval. The Pricing Confirmation shall indicate whether and
what type of Credit Instrument and, if applicable, Reserve Credit Instrument will apply.
The forms of Indenture, alternative general types and forms of Credit Agreements, if any,
and alternative general types and forms of Reserve Credit Agreements, if any, presented to this meeting
are hereby acknowledged, and it is acknowledged that the Authority will execute and deliver the
Indenture, one or more Credit Agreements, if applicable, and one or more Reserve Credit Agreements,
if applicable, which shall be identified in the Pricing Confirmation, in substantially one or more of said
forms with such changes therein as the Authorized Representative who executes the Pricing Confirmation
shall require or approve (substantially final forms of the Indenture, the Credit ;Agreement and, if
applicable, the Reserve Credit Agreement are to be delivered to the Authorized Representative concurrent
with the Pricing Confirmation), such approval of the Authorized Representative and this Legislative Body
to be conclusively evidenced by the execution of the Pricing Confirmation. If the Credit Agreement
identified in the Pricing Confirmation is the Reserve Indenture, it is acknowledged than the Authority will
issue the Reserve Bonds pursuant to and as provided in the Reserve Indenture as finally executed.
Any one of the Authorized Representatives of the Local Agency is hereby authorized and
directed to provide the Financial Advisor or the underwriter with such information relating to the Local
Agency as the Financial Advisor or the underwriter shall reasonably request for inclusion in the
Preliminary Official Statement and Official Statement of the Authority. Upon inclusion of the information
relating to the Local Agency therein, the Preliminary Official Statement and Official Statement or such
other offering document is, except for certain omissions permitted by Rule 15c2-12 of the Securities
Exchange Act of 1934, as amended (the "Rule"), hereby deemed final within the meaning of the Rule
with respect to the Local Agency and any Authorized Representative of the Local Agency is authorized
to execute a certificate to such effect. If, at any time prior to the end of the underwriting period, as
defined in the Rule, any event occurs as a result of which the information contained in the Preliminary
Official Statement or other offering document relating to the Local Agency might include an untrue
statement of a material fact or omit to state any material fact necessary to make the statements therein,
in light of the circumstances under which they were made, not misleading, the Focal Agency shall
promptly notify the Financial Advisor and the underwriter.
Subject to Section 8 hereof, the Local Agency hereby agrees that if the Note shall become
a Defaulted Note, the unpaid portion (including the interest component, if applic*le) thereof or the
portion (including the interest component, if applicable) to which a Credit Instrument applies for which
full reimbursement on a draw, payment or claim has not been made by the Maturity Date shall be deemed
outstanding and shall not be deemed to be paid until (i) any Credit Provider providing a Credit Instrument
with respect to the Note or the Series of Bonds issued in connection with the Note, has been reimbursed
for any drawings,payments or claims made under or from the Credit Instrument with respect to the Note,
including interest accrued thereon, as provided therein and in the applicable Credit Agreement, and,
(ii) the holders of the Note, or Series of the Bonds issued in connection with the Note, are paid the full
principal amount represented by the unsecured portion of the Note plus interest accrued thereon
(calculated at the Default Rate) to the date of deposit of such aggregate required amount with the Trustee.
For purposes of clause (ii) of the preceding sentence, holders of the Series of Bonds will be deemed to
have received such principal amount upon deposit of such moneys with the Trustee.'
Subject to Section 8 hereof, the Local Agency hereby agrees that if the Note shall become
a Defaulted Reserve Note, the unpaid portion (including the interest component, if applicable)thereof or
the portion(including the interest component, if applicable)to which a Reserve Credit Instrument, if any,
applies for which full reimbursement on a Drawing has not been made by the Reserve Principal Payment
000011
Date shall be deemed outstandingand shall not be deemed aid until i an Reserve Credit Provider
P O Y
providing a Reserve Credit Instrument with respect to the Reserve Bonds (against the Reserve Fund of
which such Drawing was made) has been reimbursed for any Drawing or payment made under the
Reserve Credit Instrument with respect to the Note, including interest accrued thereon, as provided
therein and in the Reserve Credit Agreement, and (ii) the holders of the Note, or Series of Bonds issued
in connection with the Note, are paid the full principal amount represented by the unsecured portion of
the Note plus interest accrued thereon (calculated at the Default Rate) to the date of deposit of such
aggregate required amount with the Trustee. For the purposes of clause (ii) of the preceding sentence,
holders of the Series of Bonds will be deemed to have received such principal amount upon deposit of
such moneys with the Trustee.
The Local Agency agrees to pay or cause to be paid, in addition to the amounts payable
under the Note, any fees or expenses of the Trustee and, to the extent permitted by law, if the Local
Agency's Note is secured in whole or in part by a Credit Instrument and, if applicable, a Reserve Credit
Instrument (by virtue of the fact that the Series of Bonds is secured by a Credit Instrument and, if
applicable, Reserve Bonds are secured by a Reserve Credit Instrument), any Predefault Obligations and
Reimbursement Obligations (to the extent not payable under the Note), (i) arising out of an "Event of
Default" hereunder (or pursuant to Section 7 hereof) or (ii) arising out of any other event (other than an
event arising solely as a result of or otherwise attributable to a default by any other Issuer). In the case
described in (ii) above with respect to Predefault Obligations, the Local Agency shall owe only the
percentage of such fees, expenses and Predefault Obligations equal to the ratio of the principal amount
of its Note over the aggregate principal amounts of all notes, including the Note, of the Series of which
the Note is a part, at the time of original issuance of such Series. Such additional amounts will be paid
by the Local Agency within twenty-five (25) days of receipt by the Local Agency of a bill therefor from .
the Trustee.
Section 6. No Joint Obligation. The Note will be issued in conjunction with a note or
notes of one or more other Issuers, assigned to secure a Series of Bonds. In all cases, the obligation of
the Local Agency to make payments on or in respect to its Note is a several and not a joint obligation
and is strictly limited to the Local Agency's repayment obligation under this Resolution and the Note.
Section 7. Disposition of Proceeds of Note. A portion of the moneys received from
the sale of the Note in an amount equal to the Local Agency's share of the costs of issuance (which shall
include any fees and expenses in connection with any Credit Instrument (and the Reserve Credit
Instrument, if any) applicable to the Note or Series of Bonds and the corresponding Reserve Bonds, if
any) shall be deposited in the Costs of Issuance Fund held and invested by the Trustee under the
Indenture and expended as directed by the Authority on costs of issuance as provided in the Indenture.
The balance of the moneys received from the sale of the Note to the Authority shall be deposited in the
Local Agency's Proceeds Subaccount hereby authorized to be created pursuant to, and held and invested
by the Trustee under, the Indenture for the Local Agency and said moneys may be used and expended
by the Local Agency for any purpose for which it is authorized to use and expend moneys, upon
requisition from the Proceeds Subaccount as specified in the Indenture. Amounts in the Proceeds
Subaccount are hereby pledged to the payment of the Note. The Trustee will not create subaccounts
within the Proceeds Fund, but will keep records to account separately for proceeds of the Bonds allocable
to the Local Agency's Note on deposit in the Proceeds Fund which shall constitute the Local Agency's
Proceeds Subaccount.
Section S. Source of Payment.
(A) The principal amount of the Note, together with the interest thereon, shall be
payable from taxes, income, revenue (including, but not limited to, revenue from the state and federal
000012
governments), cash receipts and other moneys which are received by the Local Agency for the general
fund of the Local Agency and are attributable to Fiscal Year 1997-1998 and which are available for
payment thereof. As security for the payment of the principal of and interest on the Note, the Local
Agency hereby pledges certain unrestricted revenues (as hereinafter provided, the "Pledged Revenues")
which are received by the Local Agency for the general fund of the Local Agency and are attributable
to Fiscal Year 1997-1998, and the principal of the Note and the interest thereon shall constitute a first
lien and charge thereon and shall be payable from the first moneys received by the Local Agency from
such Pledged Revenues, and, to the extent not so paid, shall be paid from any other taxes, income,
revenue, cash receipts and other moneys of the Local Agency lawfully available therefor (all as provided
for in Sections 53856 and 53857 of the Act). The term "unrestricted revenues" shall mean all taxes,
income, revenue (including, but not limited to, revenue from the state and federal Sovernments), cash
receipts, and other moneys, intended as receipts for the general fund of the Local Agency attributable to
Fiscal Year 1997-1998 and which are generally available for the payment of current expenses and other
obligations of the Local Agency. The Noteholders, Bondholders, Credit Provider and, if applicable, the
Reserve Credit Provider shall have a first lien and charge on such certain unrestricted revenues as
hereinafter provided which are received by the Local Agency and are attributable to Fiscal Year
1997-1998.
In order to effect the pledge referenced in the preceding paragraph„ the Local Agency
hereby agrees and covenants to establish and maintain a special account within the Local Agency's general
fund to be designated the "1997-1998 Tax and Revenue Anticipation Note Payment Account" (the
"Payment Account")and further agrees and covenants to maintain the Payment Account until the payment
of the principal of the Note and the interest thereon. Notwithstanding the foregoing, of the Local Agency
elects to have Note proceeds invested in Permitted Investments to be held by the Trustee pursuant to the
Pricing Confirmation, a subaccount of the Payment Account (the "Payment Subaccount") shall be
established for the Local Agency under the Indenture and proceeds credited to such account shall be
pledged to the payment of the Note. The Trustee need not create a subaccount, but;,may keep a record
to account separately for proceeds of the Note so held and invested by the Trustee which record shall
constitute the Local Agency's Proceeds Subaccount. Transfers from the Payment Subaccount shall be
made in accordance with the Indenture. The Local Agency agrees to transfer to `and deposit in the
Payment Account the first amounts received in the months specified in the Pricing Confirmation as
Repayment Months(each individual month a "Repayment Month" and collectively "Repayment Months")
(and any amounts received thereafter attributable to Fiscal Year 1997-1998)until the amount on deposit
in the Payment Account, together with the amount, if any,on deposit in the Payment Subaccount, is equal
in the respective Repayment Months identified in the Pricing Confirmation to the percentage of the
principal and interest due on the Note specified in the Pricing Confirmation. In making such transfer and
deposit, the Local Agency shall not be required to physically segregate the amounts to be transferred to
and deposited in the Payment Account from the Local Agency's other general fund moneys, but,
notwithstanding any commingling of funds for investment or other purposes, the amounts required to be
transferred to and deposited in the Payment Account shall nevertheless be subject to the lien and charge
created herein. Any one of the Authorized Representatives of the Local Agency i&hereby authorized
to approve the determination of the Repayment Months and percentages of the principal and interest due
on the Note required to be on deposit in the Payment Account and/or the Payment Subaccount in each
Repayment Month, all as specified in the Pricing Confirmation, by executing and delivering the Pricing
Confirmation, such execution and delivery to be conclusive evidence of approval by this Legislative Body
and such Authorized Representative; provided, however, that the maximum number of Repayment
Months shall be six and the maximum amount of Pledged Revenues required to be deposited in each
Repayment Month shall not exceed fifty percent (50%) of the aggregate principal and interest due on the
Note. In the event on the day in each such Repayment Month that a deposit to the Payment Account is
required to be made, the Local Agency has not received sufficient unrestricted revenues to permit the
deposit into the Payment Account of the full amount of Pledged Revenues to be deposited in the Payment
Account from said ugrestricted revenues in said month, then the amount of any deficiency shall A0033
satisfied and made up from any other moneys of the Local Agency lawfully available for the payment of
the principal of the Note and the interest thereon, as and when such other moneys are received or are
otherwise legally available.
(B) Any moneys placed in the Payment Account or the Payment Subaccount shall be
for the benefit of(i) the holder of the Note and the holders of Bonds issued in connection with the Notes,
(ii) (to the extent provided in the Indenture) the Credit Provider, if any, and (iii) (to the extent provided
in the Indenture and, if applicable, the Credit Agreement) the Reserve Credit Provider, if any. The
moneys in the Payment Account and the Payment Subaccount shall be applied only for the purposes for
which such Accounts are created until the principal of the Note and all interest thereon are paid or until
provision has been made for the payment of the principal of the Note at maturity with interest to maturity
(in accordance with the requirements for defeasance of the Bonds as set forth in the Indenture) and, if
applicable, (to the extent provided in the Indenture and, if applicable, the Credit Agreement) the payment
of all Predefault Obligations and Reimbursement Obligations owing to the Credit Provider and, if
applicable, the Reserve Credit Provider.
(C) The Local Agency hereby directs the Trustee to transfer on the Note Payment
Deposit Date (as defined in the Indenture), any moneys in the Payment Subaccount to the Bond Payment
Fund (as defined in the Indenture). In addition, on the Note Payment Deposit Date, the moneys in the
Payment Account shall be transferred by the Local Agency to the Trustee, to the extent necessary (after
crediting any transfer pursuant to the preceding sentence), to pay the principal of and/or interest on the
Note or to reimburse the Credit Provider for payments made under or pursuant to the Credit Instrument.
In the event that moneys in the Payment Account and/or the Payment Subaccount are insufficient to pay
the principal of and interest on the Note in full when due, such moneys shall be applied in the following
priority: first to pay interest on the Note; second to pay principal of the Note; third to reimburse the
Credit Provider for payment, if any, of interest with respect to the Note; fourth to reimburse the Credit
Provider for payment, if any, of principal with respect to the Note; fifth to reimburse the Reserve Credit
Provider, if any, for payment, if any, of interest with respect to the Note; sixth to reimburse the Reserve
Credit Provider, if any, for payment, if any, of principal with respect to the Note; and seventh to pay
any Reimbursement Obligations of the Local Agency and any of the Local Agency's pro rata share of
Predefault Obligations owing to the Credit Provider and Reserve Credit Provider (if any) as applicable.
Any moneys remaining in or accruing to the Payment Account and/or the Payment Subaccount after the
principal of the Note and the interest thereon and any Predefault Obligations and Reimbursement
Obligations, if applicable, have been paid, or provision for such payment has been made, shall be
transferred to the general fund of the Local Agency, subject to any other disposition.required by the
Indenture, or, if applicable, the Credit Agreement. Nothing herein shall be deemed to relieve the Local
Agency from its obligation to pay its Note in full on the Maturity Date.
(D) Moneys in the Proceeds Subaccount and in the Payment Subaccount shall be
invested by the Trustee pursuant to the Indenture as directed by the Local Agency in Permitted
Investments as described in and under the terms of the Indenture. Any such investment by the Trustee
shall be for the account and risk of the Local Agency, and the Local Agency shall not be deemed to be
relieved of any of its obligations with respect to the Note, the Predefault Obligations or Reimbursement
Obligations, if any, by reason of such investment of the moneys in its Proceeds Subaccount or the
Payment Subaccount.
(E) At the written request of the Credit Provider, if any, or the Reserve Credit
Provider, if any, the Local Agency shall, within ten (10) Business Days following the receipt of such
written request, file such report or reports to evidence the transfer to and deposit in the Payment Account
required by this Section 8 and provide such additional financial information as may be required by the
Credit Provider, if any, or the Reserve Credit Provider, if any.
000014
Section 9. Execution of Note. An one of the Authorized Representatives of the Local
Y P
Agency or any other officer designated by the Legislative Body shall be authorized to execute the Note
by manual or facsimile signature and the Secretary or Clerk of the Legislative Body of the Local Agency,
or any duly appointed assistant thereto, shall be authorized to countersign the Note by manual or facsimile
signature. Said Authorized Representative of the Local Agency, is hereby authorized';to cause the blank
spaces of the Note to be filled in as may be appropriate pursuant to the Pricing Confirmation. The
Authorized Representative is hereby authorized and directed to cause the Authority to assign the Note to
the Trustee, pursuant to the terms and conditions of the Purchase Agreement, this Resolution and the
Indenture. In case any Authorized Representative whose signature shall appear on any Note shall cease
to be an Authorized Representative before the delivery of such Note, such signature shall nevertheless
be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery.
The Note need not bear the seal of the Local Agency, if any.
Section 10. Intentionally Left Blank. This section has been included to preserve the
sequence of section numbers for cross-referencing purposes.
Section 11. Representations and Covenants of the Local Agency.';,
The Local Agency makes the following representations for the benefit of the holder of
the Note, the owners of the Bonds, the Credit Provider, if any, and the Reserve Credit Provider, if any:
(A) The Local Agency is duly organized and existing under and by virtue of the laws
• of the State of California and has all necessary power and authority to (i) adopt this Resolution and
perform its obligations thereunder, (ii) enter into and perform its obligations under the Purchase
Agreement, and (iii) issue the Note and perform its obligations thereunder.
(B) (i) Upon the issuance of the Note, the Local Agency shall have taken all action
required to be taken by it to authorize the issuance and delivery of the Note and the 1performance of its
obligations thereunder, and (ii) the Local Agency has full legal right, power and authority to issue and
deliver the Note.
(C) The issuance of the Note, the adoption of the Resolution and the execution and
delivery of the Purchase Agreement, and compliance with the provisions hereof and thereof do not
conflict with, breach or violate any law, administrative regulation, court decree, resolution, charter,
by-laws or other agreement to which the Local Agency is subject or by which it is bound.
(D) Except as may be required under blue sky or other securities laws of any state
or Section 3(a)(2) of the Securities Act of 1933, there is no consent, approval, authorization or other
order of, or filing with, or certification by, any regulatory authority having jurisdiction over the Local
Agency required for the issuance and sale of the Note or the consummation by the Local Agency of the
other transactions contemplated by this Resolution,except those the Local Agency shall obtain or perform
prior to or upon the issuance of the Note.
(E) The Local Agency has (or will have prior to the issuance of the Note) duly,
regularly and properly adopted a preliminary budget for Fiscal Year 1997-1998 setting forth expected
revenues and expenditures and has complied with all statutory and regulatory requirements with respect
• to the adoption of such budget. The Local Agency hereby covenants that it shall (i) duly, regularly and
properly prepare and adopt its final budget for Fiscal Year 1997-1998, (ii) provide to the Trustee, the
Credit Provider, if any, the Reserve Credit Provider, if any, and the Financial Advisor and the
underwriter, promptly upon adoption, copies of such final budget and of any subsequent revisions,
modifications or amendments thereto and (iii) comply with all applicable laws pertaining to its budget.
000015
(F) The sum of the principal amount of the Local
Agency's Note plus the interest •
payable thereon, on the date of its issuance, shall not exceed fifty percent(50%)of the estimated amounts
of the Local Agency's uncollected taxes, income, revenue (including, but not limited to, revenue from
the state and federal governments), cash receipts, and other moneys to be received by the Local Agency
for the general fund of the Local Agency attributable to Fiscal Year 1997-1998, all of which will be
legally available to pay principal of and interest on the Note.
(G) The Local Agency (i) has not defaulted within the past twenty (20)years, and is
not currently in default, on any debt obligation and (ii), to the best knowledge of the Local Agency, has
never defaulted on any debt obligation.
(H) The Local Agency's most recent audited financial statements present fairly the
financial condition of the Local Agency as of the date thereof and the results of operation for the period
covered thereby. Except as has been disclosed to the Financial Advisor and the underwriter, the Credit
Provider, if any, and the Reserve Credit Provider, if any, there has been no change in the financial
condition of the Local Agency since the date of such audited financial statements that will in the
reasonable opinion of the Local Agency materially impair its ability to perform its obligations under this
Resolution and the Note. The Local Agency agrees to furnish to the Authority, the Financial Advisor,
the underwriter, the Trustee, the Credit Provider, if any, and the Reserve Credit Provider, if any,
promptly, from time to time, such information regarding the operations, financial condition and property
of the Local Agency as such party may reasonably request.
(I) There is no action, suit, proceeding, inquiry or investigation, at law or in equity,
before or by any court, arbitrator, governmental or other board, body or official, pending or, to the best i
knowledge of the Local Agency, threatened against or affecting the Local Agency questioning the validity
of any proceeding taken or to be taken by.the Local Agency in connection with the Note, the Purchase
Agreement, the Indenture, the Credit Agreement, if any, the Reserve Credit Agreement, if any, or this
Resolution, or seeking to prohibit, restrain or enjoin the execution, delivery or performance by the Local
Agency of any of the foregoing, or wherein an unfavorable decision, ruling or finding would have a
materially adverse effect on the Local Agency's financial condition or results of operations or on the
ability of the Local Agency to conduct its activities as presently conducted or as proposed or contemplated
to be conducted, or would materially adversely affect the validity or enforceability of, or the authority
or ability of the Local Agency to perform its obligations under, the Note, the Purchase Agreement, the
Indenture, the Credit Agreement, if any, the Reserve Credit Agreement, if any, or this Resolution.
(J) Upon issuance of the Note and execution of the Purchase Contract, this
Resolution, the Purchase Contract and the Note will constitute legal, valid and binding agreements of the
Local Agency, enforceable in accordance with their respective terms, except as such enforceability may
be limited by bankruptcy or other laws affecting creditors' rights generally, the application of equitable
principles if equitable remedies are sought, the exercise of judicial discretion in appropriate cases and the
limitations on legal remedies against local agencies, as applicable, in the State of California.
(K) The Local Agency and its appropriate officials have duly taken, or will take, all
proceedings necessary to be taken by them, if any, for the levy, receipt, collection and enforcement of
the Pledged Revenues in accordance with law for carrying out the provisions of this Resolution and the
Note.
(L) The Local Agency shall not incur an indebtedness •
g y y ss secured by a pledge of its
Pledged Revenues unless such pledge is subordinate in all respects to the pledge of Pledged Revenues
hereunder.
000016
• (M) So long as the Credit Provider, if any, is not in payment defavilt under the Credit
Instrument or the Reserve Credit Provider, if any, is not in default under the corresponding Reserve
Credit Agreement, the Local Agency hereby agrees to pay its pro rata share of all Predefault Obligations
and all Reimbursement Obligations attributable to the Local Agency in accordance with provisions of the
Credit Agreement, if any, the Reserve Credit Agreement, if any, and/or the Indenture, as applicable.
Prior to the Maturity Date, moneys in the Local Agency's Payment Account and/or Payment Subaccount
shall not be used to make such payments. The Local Agency shall pay such amounts promptly upon
receipt of notice from the Credit Provider or from the Reserve Credit Provider, if applicable, that such
amounts are due to it.
(l) So long as any Bonds issued in connection with the Notes are Outstanding,or any
Predefault Obligation or Reimbursement Obligation is outstanding, the Local Agency will not create or
suffer to be created any pledge of or lien on the Note other than the pledge and lien of the Indenture.
Section 12. Tax Covenants. (A) The Local Agency shall not take any action or fail to
take any action if such action or failure to take such action would adversely affect the exclusion from
gross income of the interest payable on the Note or Bonds under Section 103 of the Internal Revenue
Code of 1986 (the "Code"). Without limiting the generality of the foregoing, the Local Agency shall not
make any use of the proceeds of the Note or Bonds or any other funds of the Local Agency which would
cause the Note or Bonds to be an "arbitrage bond" within the meaning of Section 148 of the Code, a
"private activity bond" within the meaning of Section 141(a) of the Code, or an obligation the interest
on which is subject to federal income taxation because it is "federally guaranteed" as provided in
Section 149(b) of the Code. The Local Agency, with respect to the proceeds of the'Vote, will comply
• with all requirements of such sections of the Code and all regulations of the UnitedStates Department
of the Treasury issued or applicable thereunder to the extent that such requirements are, at the time,
applicable and in effect.
(B) The Local Agency hereby (i) represents that the aggregate fact amount of all tax-
exempt obligations (including any tax-exempt leases, but excluding private activity bonds), issued and to
be issued by the Local Agency during calendar year 1997, including the Note, is not reasonably expected,
to exceed $5,000,000; or (ii) covenants that the Local Agency will take all legally permissible steps
necessary to ensure that all of the gross proceeds of the Note will be expended no later than the day that
is six months after the date of issuance of the Note so as to satisfy the requirements of Section
148(f)(4)(B) of the Code.
(C) Notwithstanding any other provision of this Resolution to the contrary, upon the
Local Agency's failure to observe, or refusal to comply with, the covenants contained in this Section 12,
no one other than the holders or former holders of the Note, the owners of the Bond, the Credit Provider,
if any, the Reserve Credit Provider, if any, or the Trustee on their behalf shall be entitled to exercise any
right or remedy under this Resolution on the basis of the Local Agency's failure to observe, or refusal
to comply with, such covenants.
(D) The covenants contained in this Section 12 shall survive the payment of the Note.
Section 13. Events of Default and Remedies.
If any of the following events occurs, it is hereby defined as and declared to be and to
constitute an "Event of Default":
(A) Failure by the Local Agency to make or cause to be made the transfers and
deposits to the Payment Account, or any other payment required to be paid hereunder, including
0J001'7
payment of principal and interest on the Note, on or before the date on which such transfer, •
deposit or other payment is due and payable;
(B) Failure by the Local Agency to observe and perform any covenant, condition or
agreement on its part to be observed or performed under this Resolution, for a period of fifteen
(15)days after written notice, specifying such failure and requesting that it be remedied, is given
to the Local Agency by the Trustee, the Credit Provider, if applicable, or the Reserve Credit
Provider, if applicable, unless the Trustee and the Credit Provider or the Reserve Credit
Provider, if applicable, shall all agree in writing to an extension of such time prior to its
expiration;
(C) Any warranty, representation or other statement by or on behalf of the Local
Agency contained in this Resolution or the Purchase Agreement (including the Pricing
Confirmation) or in any requisition or any financial report delivered by the Local Agency or in
any instrument furnished in compliance with or in reference to this Resolution or the Purchase
Agreement or in connection with the Note, is false or misleading in any material respect;
(D) A petition is filed against the Local Agency under any bankruptcy,reorganization,
arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction,
whether now or hereafter in effect and is not dismissed within 30 days after such filing, but the
Trustee shall have the right to intervene in the proceedings prior to the expiration of such thirty
(30) days to protect its and the Bond Owners' (or Noteholders') interests;
(E) The Local Agency files a petition in voluntary bankruptcy or seeking relief under
any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt,
dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents
to the filing of any petition against it under such law; or
(F) The Local Agency admits insolvency or bankruptcy or is generally not paying its
debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for
the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or
trustee) of the Local Agency or any of its property is appointed by court order or takes
possession thereof and such order remains in effect or such possession continues for more than
30 days, but the Trustee shall have the right to intervene in the proceedings prior to the
expiration of such thirty (30) days to protect its and the Bond Owners' or Noteholders' interests.
Whenever any Event of Default referred to in this Section 13 shall have happened and
be continuing, the Trustee, as holder of the Note, shall, in addition to any other remedies provided herein
or by law or under the Indenture, if applicable, have the right, at its option without any further demand
or notice, to take one or any combination of the following remedial steps:
(1) Without declaring the Note to be immediately due and payable, require the Local
Agency to pay to the Trustee, as holder of the Note, an amount equal to the principal of the Note
and interest thereon to maturity, plus all other amounts due hereunder, and upon notice to the
Local Agency the same shall become immediately due and payable by the Local Agency without
further notice or demand; and
(2) Take whatever other action at law or in equity(except for acceleration of payment •
on the Note) which may appear necessary or desirable to collect the amounts then due and
thereafter to become due hereunder and under the Note or to enforce any other of its rights
hereunder.
000088
- - , �
Notwithstandingthe foregoing, if the Local Agency's Note is secured an whole or in art
P
by a Credit Instrument (other than the Reserve Fund) or if the Credit Provider is subrogated to rights
under the Local Agency's Note; as long as the Credit Provider has not failed to comply with its payment
obligations under the Credit Instrument, the Credit Provider shall have the right to direct the remedies
upon any Event of Default hereunder, and, not withstanding the foregoing, if a Reserve',',Credit Instrument
is applicable, as long as the Reserve Credit Provider has not failed to comply with its payment obligations
under the Reserve Credit Agreement, the Reserve Credit Provider shall have the right(Prior to the Credit
Provider)to direct the remedies upon any Event of Default hereunder, in each case so long as such action
will not materially adversely affect the rights of any Bond Owner, and the Credit Provider's and Reserve
Credit Provider's (if any) prior consent shall be required to any remedial action proposed to be taken by
the Trustee hereunder.
If the Credit Provider is not reimbursed for any drawing,payment or claim, as applicable,
used to pay principal of and interest on the Note due to a default in payment on the Note by the Local
Agency, or if any principal of or interest on the Note remains unpaid after the Maturity Date,the Note
shall be a Defaulted Note, the unpaid portion (including the interest component, if applicable) thereof or
the portion (including the interest component, if applicable) to which a Credit Instrument applies for
which reimbursement on a draw, payment or claim has not been made shall be deemed outstanding and
shall bear interest at the Default Rate until the Local Agency's obligation on the Defaulted Note is paid
in full or payment is duly provided for, all subject to Section 8 hereof.
If the Credit Instrument is the Reserve Fund and the Reserve Bonds are secured by the
•Reserve Credit Instrument and all principal of and interest on the Note is not paid in full by the Reserve
Principal Payment Date, the Defaulted Note shall become a Defaulted Reserve Note and the unpaid
portion (including the interest component, if applicable) thereof (or the portion thereof with respect to
which the Reserve Fund applies for which reimbursement on a Drawing has not been fully made) shall
be deemed outstanding and shall bear interest at the Default Rate until the Local Agency's obligation on
the Defaulted Reserve Note is paid in full or payment is duly provided for, all subject to Section 8 hereof.
Section 14, Trustee. The Local Agency hereby directs and authorizes the payment by
the Trustee of the interest on and principal of the Note when such become due and payable, from amounts
received by the Trustee from the Local Agency in the manner set forth herein. The Local Agency hereby
covenants to deposit funds in such account or fund, as applicable, at the time and in tht amount specified
herein to provide sufficient moneys to pay the principal of and interest on the Note on the Note Payment
Deposit Date. Payment of the Note shall be in accordance with the terms of the Note and this Resolution.
Section 15. Sale of Note. The Note shall be sold to the Authority, in accordance with
the terms of the Purchase Agreement, hereinbefore approved, and issued payable to the Trustee, as
assignee of the Authority.
Section 16. Intentionally Left Blank. This section has been included to preserve the
sequence of section numbers for cross-referencing purposes.
Section 17. Approval of Actions. The aforementioned Authorized Representatives of
the Local Agency are hereby authorized and directed to execute the Note and cause the Trustee to accept
delivery of the Note, pursuant to the terms and conditions of the Purchase Agreement and the Indenture.
All actions heretofore taken by the officers and agents of the Local Agency or this Legislative Body with
respect to the sale and issuance of the Note and participation in the Program are hereby approved,
confirmed and ratified and the Authorized Representatives and agents of the Local Agency are hereby
authorized and directed, for and in the name and on behalf of the Local Agency, to doany and all things
and take any and all actions and execute any and all certificates, agreements and other documents which
OQ1'9
they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and
delivery of the Note in accordance with, and related transactions contemplated by, this Resolution. The
Authorized Representatives of the Local Agency referred to above in Section 4 hereof are hereby
designated as "Authorized Local Agency Representatives" under the Indenture.
In the event that the Note or a portion thereof is secured by a Credit Instrument, any one
of the Authorized Representatives of the Local Agency is hereby authorized and directed to provide the
Credit Provider and, if applicable, the Reserve Credit Provider, with any and all information relating to
the Local Agency as such Credit Provider or Reserve Credit Provider may reasonably request.
Section 18. Proceedings Constitute Contract. The provisions of the Note and of this
Resolution shall constitute a contract between the Local Agency and the registered owner of the Note,
and such provisions shall be enforceable by mandamus or any other appropriate suit, action or proceeding
at law or inequity in any court of competent jurisdiction,and shall be irrepealable. The Credit Provider,
if any, and the Reserve Credit Provider, if any, are third party beneficiaries of the provisions of this
Resolution and the Note.
Section 19. Limited Liability. Notwithstanding anything to the contrary contained
herein or in the Note or in any other document mentioned herein or related to the Note or to any Series
of Bonds to which the Note may be assigned, the Local Agency shall not have any liability hereunder or
by reason hereof or in connection with the transactions contemplated hereby except to the extent payable
from moneys available therefor as set forth in Section 8 hereof.
Section 20. Amendments. At any time or from time to time,the Local Agency may
adopt one or more Supplemental Resolutions with the written consents of the Authority, the Credit
Provider, if any, and the Reserve Credit Provider, if any, but without the necessity for consent of the
owner of the Note or of the Bonds issued in connection with the Note for any one or more of the
following purposes:
(A) to add to the covenants and agreements of the Local Agency in this Resolution,
other covenants and agreements to be observed by the Local Agency which are not contrary to
or inconsistent with this Resolution as theretofore in effect;
(B) to add to the limitations and restrictions in this Resolution, other limitations and
restrictions to be observed by the Local Agency which are not contrary to or inconsistent with
this Resolution as theretofore in effect;
(C) to confirm, as further assurance, any pledge under, and the subjection to any lien
or pledge created or to be created by, this Resolution, of any monies, securities or funds, or to
establish any additional funds or accounts to be held under this Resolution;
(D) to cure any ambiguity, supply any omission, or cure or correct any defect or
inconsistent provision in this Resolution; or
(E) to amend or supplement this Resolution in any other respect;
provided, however, that any such Supplemental Resolution does not adversely affect the interests of the
owners of the Note or of the Bonds issued in connection with the Notes.
Any modifications or amendment of this Resolution and of the rights and obligations of
the Local Agency and of the owner of the Note or of the Bonds issued in connection with the Note may
be made by a Supplemental Resolution, with the written consents of the Authority, the Credit Provider,
000020
if any, and the Reserve Credit Provider, if anand with the written consent of the owners of at least ast a
majority in principal amount of the Note and of the Bonds issued in connection with the Note outstanding
at the time such consent is given; provided, however, that if such modification or amendment will, by
its terms, not take effect so long as the Note or any Bonds issued in connection with the Note remain
outstanding, the consent of the owners of such Note or of such Bonds shall not be required. No such
modification or amendment shall permit a change in the maturity of the Note or a reduction of the
principal amount thereof or an extension of the time of any payment thereon or a reduction of the rate
of interest thereon, or a change in the date or amounts of the pledge set forth in this Resolution, without
the consent of the owners of such Note or the owners of all the Bonds issued in connection with the Note,
or shall reduce the percentage of the Note or Bonds the consent of the owners of which is required to
effect any such modification or amendment, or shall change or modify any of the rights or obligations
of the Trustee without its written assent thereto.
Section 21. Severability. In the event any provision of this Resolution shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
000021
Section 22. Appointment of Bond Counsel. The law firm of Orrick, Herrington &
Sutcliffe, Los Angeles, California is hereby appointed as Bond Counsel for the Program. The Local
Agency acknowledges that Bond Counsel regularly performs legal services for many private and public
entities in connection with a wide variety of matters, and that Bond Counsel has represented, is
representing or may in the future represent other public entities, underwriters, trustees, rating agencies,
insurers, credit enhancement providers, lenders, financial and other consultants who may have a role or
interest in the proposed financing or that may be involved with or adverse to Local Agency in this or
some other matter. Given the special, limited role of Bond Counsel described above the Local Agency
acknowledges that no conflict of interest exists or would exist, waives any conflict of interest that might
appear to exist, and consents to any and all such relationships.
Section 23. Appointment of Financial Advisor and Underwriter. Sutro & Co.
Incorporated, Los Angeles, California is hereby appointed as financial advisor for the Program. Morgan
Stanley & Co. Inc., together with such co-underwriters, if any, identified in the Purchase Contract, is
hereby appointed as underwriter for the Program.
Section 24. Effective Date. This Resolution shall take effect from and after its date of
adoption. -
Section 25. Resolution Parameters.
(A) Name of Local. Agency: CITY OF ATASCADERO
(B) Maximum Amount of Borrowing: $1,200,000
(C) Authorized Representatives:
TITLE
1. Mayor
2. City Manager
3. Treasurer
[Attach form of Certification of the Secretary or Clerk of the Legislative Body, with respect to the
Resolution, if desired (such form of Certification is not required).]
i
000022
EXHIBIT A
[NAME OF LOCAL AGENCY]
1997-1998 TAX AND REVENUE ANTICIPATION NOTE, [SERIES —J'/
Date of
Interest Rate Maturity Date Original Issue
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
FOR VALUE RECEIVED, the Local Agency designated above (the "Local Agency"),
acknowledges itself indebted to and promises to pay to the registered owner identified above, or registered
assigns, on the maturity date set forth above, the principal sum specified above in lawful money of the
United States of America, and to pay interest thereon [on , 1997 and] at maturity at the rate of
interest specified above(the "Note Rate"). Principal of and interest on this Note are payable in such coin
or currency of the United States as at the time of payment is legal tender for payment of private and
public debts. Principal and interest at maturity shall be paid upon surrender hereof at the principal
corporate trust office of U.S. Trust Company of California, N.A. in Los Angeles, California, or its
successor in trust (the "Trustee"). Interest shall be calculated on the basis of a 360-daffy year, consisting
of twelve 30-day months. Both the principal of and interest on this Note shall be payable only to the
registered owner hereof as the same shall fall due; provided, however, no interest shall be payable for
any period after maturity during which the holder hereof fails to properly present this Note for payment.
If the Local Agency fails to pay this Note when due or the Credit Provider (as defined in the Resolution
hereinafter described and in that certain Indenture of Trust, dated as of 1, 1997 (the
"Indenture"), by and between the California Statewide Communities Development Authority and U.S.
Trust Company of California, N.A., as trustee), if any, is not reimbursed in full for the amount drawn
on or paid pursuant to the Credit Instrument (as defined in the Resolution and the Indenture) to pay all
or a portion (including the interest component, if applicable) of this Note on the date of such payment,
this Note shall become a Defaulted Note (as defined in the Resolution and the Indenture and with the
consequences set forth in the Resolution and the Indenture, including, without limitation, that this Note
as a Defaulted Note (and any related reimbursement obligation with respect to a credit instrument) shall
bear interest at the Default Rate, as defined in the Indenture).
It is hereby certified, recited and declared that this Note represents the authorized issue
of the Note in the aggregate principal amount authorized, executed and delivered pursuant to and by
authority of certain resolutions of the Local Agency duly passed and adopted heretofore, under and by
authority of Article 7.6 (commencing with Section 53850) of Chapter 4, Part 1, Division 2, Title 5 of
the California Government Code (collectively, the "Resolution"), to all of the provisions and limitations
of which the owner of this Note, by acceptance hereof, assents and agrees.
The principal of the Note, together with the interest thereon, shall be payable from taxes,
income, revenue, cash receipts and other moneys which are received by the Local Agency for the general
fund of the Local Agency and are attributable to Fiscal Year 1997-1998 and which are available for
payment thereof. As security for the payment of the principal of and interest on the Note, the Local
Agency has pledged the first amounts of unrestricted revenues of the Local Agency received on the last
day of and (and any amounts received thereafter attributable to Fiscal Year 1997-1998)until
the amount on deposit in the Payment Account (as defined in the Resolution), together with available
amounts, if any, on deposit in the Payment Subaccount(as defined in the Resolution)in each such month,
is equal to the corresponding percentages of principal of and interest due on the Note as set forth in the
Pricing Confirmation (as defined in the Resolution) (such pledged amounts being hereinafter called the
"Pledged Revenues"), and the principal of the Note and the interest thereon shall constitute a first lien
and charge thereon and shall be payable from the Pledged Revenues, and to the extent not so paid shall
be paid from any other moneys of the Local Agency lawfully available therefor as set forth in the
If more than one Series of Bonds is issued under the Program in Fiscal Year 1997-1998 and if the Note is pooled with
notes issued by other Issuers (as defined in the Resolution). 000023
Resolution. The full faith and credit of the Local Agency is not pledged to the payment of the principal
of or interest on this Note.
The Local Agency and the Trustee may deem and treat the registered owner hereof as
the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and
interest due hereon and for all,other purposes, and the Local Agency and the Trustee shall not be affected
by any notice to the contrary.
It is hereby certified that all of the conditions, things and acts required to exist, to have
happened and to have been performed precedent to and in the issuance of this Note do exist, have
happened and have been performed in due time, form and manner as required by the Constitution and
statutes of the State of California and that the amount of this Note, together with all other indebtedness
of the Local Agency, does not exceed any limit prescribed by the Constitution or statutes of the State of
California.
IN WITNESS WHEREOF, the Legislative Body of the Local Agency has caused this
Note to be executed by the manual or facsimile signature of a duly Authorized Representative of the
Local Agency and countersigned by the manual or facsimile signature of the Secretary or Clerk of the
Legislative Body as of the date of authentication set forth below.
[NAME OF LOCAL AGENCY]
By
Title:
Countersigned
By
Title:
000024
LAI-16W82.2 A-9.
�tu. .«�..,.,..
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (the "Purchase Agreement"), dated as of the
purchase date (the "Purchase Date") specified in Exhibit A attached hereto and made a part hereof,
entered into by and between the signatory local agency designated in Exhibit A (the "Local Agency") and
the California Statewide Communities Development Authority(the "Authority"), for the sale and delivery
of the principal amount specified in Exhibit A of the Local Agency's 1997-1997 'Tax and Revenue
Anticipation Note (the "Note") to be issued in conjunction with the notes of other Issuers (as hereinafter
defined)participating in the Program (as hereinafter defined), as determined in the Pricing Confirmation
(as hereinafter defined), pooled with notes of other Issuers and assigned to secure a series (the "Series")
of bonds (the 'Bonds") designated in Exhibit A;
WITNESSETH:
WHEREAS, local agencies are authorized by Sections 53850 to 53858, both inclusive,
of the Government Code of the State of California (the "Act") (being Article 7.6, Chapter 4, Part 1,
Division 2, Title 5 of the Government Code) to borrow money by the issuance of temporary notes;
WHEREAS, the legislative body of the'Local Agency (the "Legislative Body") has
heretofore adopted its resolution finding that the Local Agency needs to borrow funds in its fiscal year
ending June 30, 1998 ("Fiscal Year 1997-1998") in the principal amount set forth in Exhibit A and that
it is necessary that said sum be borrowed at this time by the issuance of a note therefor in anticipation
of the receipt of taxes, income, revenue, cash receipts and other moneys to be received by the Local
Agency during or attributable to Fiscal Year 1997-1998;
WHEREAS, on the resolution date set forth in Exhibit A, the Local Agency adopted (as
specified in Exhibit A) a resolution or resolutions (collectively or singularly, as applicable, the
"Resolution") authorizing the issuance and sale of the Note in the name and on b0half of the Local
Agency;
WHEREAS, the Local Agency has determined that it is in the best interests of the Local
Agency to participate in the California Communities Cash Flow Financing Program';,(the "Program"),
whereby participating local agencies (the "Issuers")will simultaneously issue tax and revenue anticipation
promissory notes for purchase by the Authority;
WHEREAS, under the Program, the Authority will form one or more pools of notes(the
"Pooled Notes") and assign each note to a particular pool (the "Pool") and sell a Series of Bonds secured
by each Pool pursuant to an indenture, dated as of July 1, 1997 (the "Indenture"), by and between the
Authority and U.S. Trust Company of California, N.A. (the "Trustee"), and sell each such Series to
Morgan Stanley & Co. Incorporated, as representative of the underwriters of the Program (collectively,
the "Underwriter");
WHEREAS, if so indicated in Exhibit A, the payment by the Local Agency of its Note
will be secured in whole or in part(jointly,but not severally, with notes of the other participating Issuers
assigned to the same Series of Bonds) by a letter of credit, policy of insurance, proceeds received from
a separate bond issue issued by the Authority for such purpose (the "Reserve Fund") or other credit
instrument (collectively, the "Credit Instrument") to be issued by the entity or entities designated in
Exhibit A as the credit provider (the "Credit Provider");
°1997, Orrick, Herrington+&Sutcliffe. All rights reserved. 000025
WHEREAS, such Credit Instrument may be issued pursuant to a reimbursement
agreement, commitment letter, indenture or other agreement (the "Credit Agreement") as identified in
Exhibit A;
WHEREAS, in order to participate in the Program, the Local Agency has agreed to be
responsible for its share of the fees and expenses of the Trustee, and, if applicable, the Credit Provider
and the costs of issuing the Bonds, and the costs, if applicable, of issuing the Credit Instrument, which
anticipated fees, expenses and costs of issuance will be deducted from the purchase price set forth in
Exhibit A and which unanticipated fees, expenses and costs of issuance will be billed to the Local Agency
as the same may arise;
WHEREAS, the costs of issuance which will be deducted from the purchase price set
forth in Exhibit A for the Local Agency shall not exceed one percent (1%) of the principal amount of
each Note; and
WHEREAS, pursuant to the Program, the Authority is submitting this offer to purchase
the Note pursuant to this Purchase Agreement;
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Obligation to Purchase. Upon the terms and conditions and in reliance upon
the representations, warranties and agreements set forth herein, the Authority shall purchase from the
Local Agency, and the Local Agency shall sell to the Authority, the Note, as described herein and in the
Resolution.
Section 2. Purchase Price. The purchase price of the Note shall be the purchase price
set forth in the pricing confirmation attached hereto as Exhibit A (the "Pricing Confirmation"). The Note
shall bear interest at an interest rate per annum set forth in the Pricing Confirmation, which is hereby
agreed to by and between the Authority and the Local Agency by its duly authorized representative
executing this Purchase Agreement on behalf of the Local Agency.
Section 3. Adjustments to Principal Amount of Note and Purchase Price. The
Authority and the Local Agency hereby agree that the principal amount of the Note purchased by the
Authority and sold to the Authority by the Local Agency pursuant to this Purchase Agreement may be
reduced, as determined by the Authority and each Local Agency, based upon the advice of Orrick,
Herrington & Sutcliffe ("Bond Counsel"), in order that the proceeds produced from such sale of such
Note will be an amount which will not be subject to either (i) yield restriction (in order for interest to
be excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the
"Code")) or (ii) a rebate requirement (under Section 148 of the Code). The Authority and the Local
Agency hereby further agree that the purchase price of the Note shall be reduced as a result of any
reduction of the principal amount of the Note required by this section.
Section 4. Delivery of and Payment for the Note. The delivery of the Note (the
"Closing") shall take place at 8:00 a.m., California time, on the closing date set forth in the Pricing
Confirmation or at such other time or date as may be mutually agreeable to the Local Agency, the
Authority and the Underwriter, at the Los Angeles office of Orrick, Herrington&Sutcliffe or such other
place as the Local Agency, the Authority and the Underwriter shall mutually agree. At the Closing, the
Local Agency shall cause the Note to be delivered to the Authority, duly executed and authenticated,
together with the other documents hereinafter mentioned, and the proceeds of the purchase price of the
Note set forth in the Pricing Confirmation shall be deposited in an amount indicated in the Pricing
000026
Confirmation as the Deposit to Proceeds Fund which shall be held by the Trustee for the Local Agency
and the remainder in the Costs of Issuance Fund held thereunder.
If at any time prior to 90 days after the Closing Date, any event occurs as a result of
which information relating to the Local Agency included in the official statement of the Authority relating
to the Series of Bonds to which the Note is assigned (the "Official Statement") contains an untrue
statement of a material fact or omits to state any material fact necessary to make the statements therein
in light of the circumstances under which they were made, not misleading, the Local Agency shall
promptly notify the Authority and the Underwriter thereof, and if, in the opinion of the Authority or the
Underwriter, such event requires the preparation and publication of a supplement or amendment to the
Official Statement, the Local Agency shall cooperate with the Authority and the Underwriter in the
preparation of an amendment or supplement to the Official Statement in a form and in'=a manner approved
by the Authority and the Underwriter, and all reasonable expenses incurred thereby shall be paid by the
Local Agency.
Section 5. The Note. The Note shall be issued in substantially the form set forth in the
Resolution, without coupons in the full principal amount set forth in Exhibit A.
Section 6. Representations and Warranties of the Local Agency. The Local Agency
represents and warrants to the Authority and the Underwriter that:
(a) All representations and warranties set forth in the Resolution are true and correct
on the date hereof and are made for the benefit of the Authority and the Underwriter as if set forth
. herein.
(b) The information relating to the Local Agency included in the Official Statement does
not contain any untrue statement of a material fact or omit to state any material fact necessary to make
the statements therein in light of the circumstance under which they were made not misleading.
(c) A copy of the Resolution has been delivered to the Authority and the Underwriter,
and the Resolution will not be amended or repealed without the consent of the'', Authority and the
Underwriter, which consent will not be unreasonably withheld.
(d) The Local Agency acknowledges that the Authority is authorized to execute the
Indenture, to assign the Note to the Trustee under the Indenture and to issue the Series of Bonds pursuant
to the Indenture.
(e) The Local Agency shall provide the required Payment Account Deposit Certification
(upon a request therefor) in accordance with Section 5.06 of the Indenture.
(f) The Local Agency has not issued and will not issue any obligation or obligations,
other than the Note, to finance the working capital deficit for which the Note is being issued.
00002'7
are as follows: Section 7. Conditions Precedent to the Closing. Conditions precedent to the Closing
(a) The execution and delivery of the Note consistent with the Resolution.
(b) Delivery of a legal opinion addressed to the Local Agency (with a reliance letter
addressed to the Authority and the Underwriter), dated the date of Closing, of Orrick, Herrington &
Sutcliffe ("Bond Counsel") with respect to the validity of the Note in form and substance acceptable to
the Authority and the Underwriter.
(c) Delivery of a legal opinion, dated the date of Closing, of counsel to the Local
Agency, with respect to the due authorization, execution and delivery of the Note, in form and substance
acceptable to Bond Counsel.
(d) Approval by the Credit Provider of the credit of the Local Agency and inclusion
of the Local Agency's Note in the assignment, together with notes of other Issuers, to a Series of Bonds,
to secure the Series of Bonds, which approval in the event the Credit Instrument is the Reserve Fund shall
be evidenced by the issuance of an "SP-1+" rating with respect to the applicable Series of Bonds by
Standard & Poor's Ratings Group.
(e) Delivery of each certificate, document, instrument and opinion required by the
agreement between the Authority and the Underwriter for the sale by the Authority and purchase by the
Underwriter of the Series of Bonds to which the Pooled Note is assigned.
(f) Delivery of such other certificates, instruments or opinions as Bond Counsel may
deem necessary or desirable to evidence the due authorization, execution and delivery of documents
pertaining to this transaction and the legal, valid and binding nature thereof or as may be required by the
Credit Agreement, as well as compliance of all parties with the terms and conditions thereof.
Section 8. Events Permitting the Authority to Terminate. The Authority may
terminate its obligation to purchase the Note at any time before the Closing if any of the following
occurs:
(a) Any legislative, executive or regulatory action (including the introduction of
legislation) or any court decision which, in the judgment of the Authority, casts sufficient doubt on the
legality of obligations such as the Note, and the tax-exempt status of interest on obligations such as the
Bonds, so as to impair materially the marketability or to reduce materially the market price of such
obligations;
(b) Any action by the Securities and Exchange Commission or a court which would
require registration of the Note, the Bonds or any instrument securing the Note or Bonds under the
Securities Act of 1933, as amended, in connection with the public offering thereof, or qualification of
the Resolution or the Indenture under the Trust Indenture Act of 1939, as amended;
(c) Any restriction on trading in securities, or any banking moratorium, or the
inception or escalation of any war or major military hostilities which, in the judgment of the Authority,
substantially impairs the ability of the Underwriter to market the Bonds; or
(d) The Underwriter terminates its obligation to purchase the Series of Bonds to
which the Note is assigned pursuant to its agreement with the Authority for the purchase of such Series
of Bonds.
000028
Neither the Underwriter nor the Authority shall be responsible for the payment of any
fees, costs or expenses of the issuance, offering and sale of the Local Agency's Note except the
Underwriter shall be responsible for California Debt Advisory Commission fees and for its own internal
costs. The fees, costs and expenses that are categorized in the "Costs of Issuance" definition in the
Indenture shall be paid from the Costs of Issuance Fund. The Local Agency shall';pay any additional
costs attributable to it as set forth in the Resolution other than the fees, costs and expenses so payable
from the applicable Costs of Issuance Fund.
Section 9. Indemnification. To the extent permitted by law, the Local Agency agrees
to indemnify and hold harmless the Authority and the Underwriter and each person, if any, who controls
(within the meaning of Section 15 of the Securities Act of 1933, as amended, or of Section 20 of the
Securities Act of 1934, as amended) the Authority or the Underwriter, and the officers, directors, agents
and employees of the Authority and the Underwriter against any and all losses, claims, damages,
liabilities and expenses arising out of any statement or information in the Preliminary Official Statement
or in the Official Statement (other than statements or information regarding an Issuer other than the Local
Agency) that is untrue or incorrect in any material respect or the omission or alleged omission therefrom
of any statement or information (other than statements or information regarding an Issuer other than the
Local Agency) that should be stated therein or that is necessary to make the statements and information
therein not misleading in any material respect.
Section 10. Credit Agreement. The Local Agency shall comply with all lawful and
proper requests of the Authority in order to enable the Authority to comply with all of the terms,
conditions and covenants binding upon it under the Credit Agreement.
Section 11. Notices. Any notices to be given to the Underwriter under the Purchase
Agreement shall be given in writing to Morgan Stanley & Co. Incorporated, Attention: 555 California
Street, Suite 2200, San Francisco, CA 94104. Any notices to be given to the Authority under the
Purchase Agreement shall be given in writing to the Authority, 1100 "K" Street, Suite 101, Sacramento,
CA 95814, Attention: Secretary. Any notices to be given to the Local Agency shall be given in writing
to the address specified in Exhibit A.
Section 12. No Assignment. The Purchase Agreement has been made by the Local
Agency and the Authority, and no person other than the Local Agency and the'',Authority or their
successors or assigns and the Underwriter shall acquire or have any right under or by virtue of the
Purchase Agreement. All of the representations, warranties and agreements contained in the Purchase
Agreement shall survive the delivery of and payment by the Authority for the Note and any termination
of the Purchase Agreement.
Section 13. Applicable Law. The Purchase Agreement shall be interpreted, governed
and enforced in accordance with the laws of the State of California.
Section 14. Effectiveness. The Purchase Agreement shall become effective upon the
execution hereof by the Authority and execution of the Pricing Confirmation by the Local Agency, and
the Purchase Agreement, including the Pricing Confirmation, shall be valid,binding and enforceable from
and after the time of such effectiveness.
Section 15. Severabili1y. In the event anprovision of the Purchase` Agreement shall
YP
be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof.
000029
Section 16. Headings. Any headings preceding the text of several sections hereof shall
be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they
affect its meaning, construction or effect.
Section 17. Execution in Counterparts. This Purchase Agreement may be executed
and entered into in several counterparts, each of which shall be deemed an original, and all of which shall
constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Purchase Agreement to
be executed by their duly authorized representatives as of the Purchase Date set forth in Exhibit A
attached hereto and incorporated herein.
CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY
By _
Member of the Commission
of the Authority
i
000030
EXHIBIT A
Pricing Confirmation Supplement
Local Agency: CITY OF ATASCADERO
Pricing Information
Principal Amount of Note: $
Interest Rate on Note: %
Re-Offering Yield: %
Purchase Price %
Default Rate: t%
Purchase Price: $�
Less: Cost of Issuance: _% ( )
Credit Enhancement:
Deposit to Note Proceeds Account: $
Important Dates
Resolution Date of Local Agency:
Purchase Date:
Closing Date:
Maturity Date:
Interest Payment Date(s):
Note Payment Deposit Date:
First Pledge Month Ending:
Pledge Amount: $
Pledge Percentage: %
Second Pledge Month Ending: $
Pledge Amount: %
Pledge Percentage:
Investment Agreement Information
GIC Provider
Long Term Ratings (S&P/Moody's)
Short Term Credit Ratings (S&P/Moody's)
Interest Rate on GIC %
0000"31
By initialing the box at the end of this paragraph, the undersigned Local
Agency certifies that, in connection with the issuance of the Note under the Resolution and after
reasonable inquiry, it is the reasonable expectation of the Local Agency that the aggregate amount of all
tax-exempt obligations (excluding private activity bonds) issued or to be issued by the Local Agency
during the 1997 calendar year, including the Note, all other notes and bonds, and all tax-exempt leases,
executed or delivered during the 1997 calendar year will not exceed $5,000,000 (See Section 3.8 of the
Certificate of the Local Agency if the Local Agency is unable to make this certification) . . . ❑
Investment Alternative - Initial the appropriate box relating to the investment
of proceeds received from the issuance and delivery of the Local Agency's Note:
Initial
One Box
Yes, the undersigned directs the Trustee to invest the
proceeds received from the issuance and delivery of the
Local Agency's Note in the Guaranteed Investment Contract
described on page A-1. (Do not wire the proceeds as
previously directed in Section 4.7 of the Certificate of the ❑
Local Agency.) Yes
No, do not invest the proceeds received from the issuance •
and delivery of the Local Agency's Note in the Guaranteed
Investment contract, wire the proceeds as directed in F]Section 4.7 of the Certificate of the Local Agency. No
IN WITNESS WHEREOF, the Purchase Agreement, including this Pricing Confirmation,
is agreed and accepted to on the Purchase Date set forth above.
CITY OF ATASCADERO
By
Authorized Representative
Please initial the box onit if applicable to the Local Agency.
000032
REPORT TO CITY COUNCIL Meeting Date: 5/13/97
CITY OF ATASCADERO Agenda Item : A-5
Through: Robert Grogan, Interim City Manager
From: Marcia M. Torgerson, City Clerk
SUBJECT:
City Council Appointments to the Economic Round Table.
RECOMMENDATION:
Ratify Council appointments.
BACKGROUND/ DISCUSSION:
As new Council members, Councilman Clay and Councilman Lerno are
required to appoint a member-at-large to serve on the Economic Round Table. Their
appointments will replace the appointments made by the outgoing Councilmembers.
Council appointments are as follows:
COUNCILMEMBER APPOINTEE
(existing)
Mayor Johnson Stan Cherry
Councilman Carden Don Hanauer
Councilman Luna James Patterson
(new)
Councilman Clay Richard Shannon
Councilman Lerno Chris Bonnema
000033
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A - 6
Through: Robert Grogan, Acting City Manager Meeting Date: 5/13/97
From: William Watton, Acting Chief of Police
SUBJECT: The purpose of this package is to provide a definition
of the legal authorization for the destruction of police records,
and to replace our current resolution authorizing u's to destroy
appropriate police records in accordance with recent
recommendations of the California Department of Justice.
RECOMMENDATION: Adopt the attached resolution whish meets the
needs of this department and conforms to the Government Code
authorizing the Chief of Police to destroy certain police records
on an ongoing basis. (RESOLUTION NO. 35-97) '
DISCUSSION/ANALYSIS: Authorization to destroy Citi records is
contained in Government Code Sections 34090 and 34090:6. In
essence, written documents over two years old may be destroyed
without making a copy thereof if they are no longer required by
law, have been determined by the department head as no longer
needed, and have the approval of the legislative body and city
attorney by resolution.
In 1985 (Resolution No. 125-85) , and again in 1990 (Resolution
No. 72-90) , City Council authorized the destruction of some
police records. We continue to need such a policy as the
quantity of paperwork generated far exceeds our ability to both
use and store all of the documents. Our police depattment writes
approximately 4,000 police reports annually, and thip figure does
not include all associated documents such as traffic citations,
dispatch cards, activity cards, daily logs, field interview
cards, etc. Our limited storage space and the fact 'that many of
these documents are no longer needed underscore our need to
reduce the volume of records on hand by destroying them under
secure conditions.
Our request to revise our current resolution is in ';keeping with
the most recent recommendation of the California Department of
.Justice which provided the specific wording for the attached
resolution in the P.O.S.T. Law Enforcement Records Management
Guide. It simplifies and modifies our current resolution, while
permitting destruction of records previously authorized.
FISCAL IMPACT: None - clerical time would be scheduled in
accordance with regular work schedules.
Attachment: Resolution No. 35-97
000034
RESOLUTION NO. 35-97
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
APPROVING THE DESTRUCTION OF CERTAIN
POLICE DEPARTMENT RECORDS, DOCUMENTS AND PAPERS
WHEREAS, the Chief of Police has submitted a request for authority to destroy
obsolete records and;
WHEREAS, said request is in accordance with the procedures and requirements
of Sections 34090 and 34090.6 of the California Government Code; and
WHEREAS, the chief has stipulated the useful retention period for the police
department records;
NOW, THEREFORE BE IT RESOLVED that the Atascadero City Council
approves the following:
1. The following police department records, documents, instruments, books or
papers are no longer required and may be destroyed.
a. Recordings of telephone and radio communications over one hundred
and eighty (180) days old, providing such recordings are not evidence
in any claim filed or any pending litigation (or potential claims and
litigation), in which case, such recordings shall be preserved for one
hundred (100) days after the conclusion of litigation.
b. Auction receipts and records over two (2)years old.
c. Records of expired licenses and permits over two (2)years old.
d. Records of lost and found items, which lost and found items have been
lawfully disposed of, over two (2)years old.
e. Miscellaneous non-criminal reports over two (2)years old.
f. Police daily activity records and logs over two (2)years old.
000035
RESOLUTION NO. 35-97
Page 2 of 3
g. All crime and supplemental reports of infractions, misdemeanors, and
felonies over three (3)years old, providing:
(1) They do not relate to any unadjudicated arrest, except for
section 2 below. .
(2) They do not relate to unserved warrants.
(3) They do not involve identifiable items which have not been
recovered.
(4) They do not relate to 290 Penal Code, 457.1 Penal Code or
11590 Health and Safety Code registrants.
(5) They do not relate to a criminal death case.
(6) They do not relate to violations listed in Penal Code Sections
799 and 800.
(7) The cases are not presently involved in either,civil or criminal
litigation.
. (h) All index cards and logs relating to destroyed case documents.
(i) Police dispatch and activity cards over two (2)years old.
(j) Field interview cards over two (2)years old.
(k) Duplicates of all reports, when the duplicates are no logiger needed.
2. Records pertaining to the arrest or conviction of any person for a violation of
subdivision (b), (c), (d), or (e) of Section 11357 or subdivision (b) of Section
11360 of the Health and Safety Code occurring after January 1, 1976 shall not
be kept beyond two years from the date of conviction, or from the date of
arrest if there was no conviction.
3. Any documents relating to citizen complaints or investigations in response to
citizen complaints relating to members of the police department and internal
affairs investigation files shall be retained for a period of at least five'(5) years,
providing such documents are not evidence in any claim filed or any pending
litigation (or potential litigation), in which case such documents shall be
preserved for five (5)years after the conclusion of litigation.
000036
RESOLUTION NO. 35-97
Page 3 of 3
4. This Resolution also authorizes the police department to purge arrest warrants
according to a recall schedule established by the courts for the timely return of
warrants.
On motion by Councilperson seconded by Councilperson ,
the foregoing resolution is hereby adopted in its entirety.
AYES:
NOES:
ABSENT:
ADOPTED: CITY OF ATASCADERO, CA
By: RAY JOHNSON, Mayor
ATTEST:
MARCIA TORGERSON, City Clerk
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
• 00003'7
REPORT TO CITY COUNCIL Meeting Date: 5/13/97
CITY OF ATASCADERO Agendas Item: B-1
Through: Robert F. Grogan, Interim City Manager
Via: l Steven L. DeCamp, Acting Community Development=Director
.� From: Kelly Heffernon, Administrative Analyst
SUBJECT:
Removal of a 30" diameter Blue Oak tree located near the intersection of El Corte
Road and Arcade Road (appeal from the April 1, 1997 Planning Commission meeting)
RECOMMENDATION: Uphold the appeal and approve the trees removal request.
BACKGROUND:
On April 1, 1997, the Atascadero Planning Commission considered the removal of
the subject 30" diameter Blue Oak tree and referred the matter back to staff to
explore alternative road alignments to avoid tree removal. Since that time, the
applicant filed an appeal to that decision (see Attachments A,B,Ca.
DISCUSSION:
The oak tree in question is in excellent condition; however, it° is located where
removal would be necessary in order to adhere to the City Engineering Standards.
Other options to avoid tree removal include the following:
1 . The City could acquire additional right-of-way on the east side of EI Corte Road
for widening purposes which would require condemnation of private property.
2 The City could change the standards to reduce the 20 foot road width
requirement. The 20 foot standard was implemented for fire safety purposes.
3. The City could make an acception to this situation and allow a narrower road
width.
FISCAL IMPACT:
None.
1
000038
Encl: Attachment A: Appeal letter of Planning Commission action
Attachment B: Planning Commission Report
Attachment C: Planning Commission minutes (4/1/97)
i
2 •
000039
ATTACHMENT A (MICHAEL F.CANNON, PE
ANDREW G. MERRIAM, AIA, AICP
raDANIEL S. HUTCHINSON, LS
�on
5 S 0 C I A T E S April 9, 1997
Steve DeCamp
ENGINEERS Community Development Department
City of Atascadero p p R Z�� I X1'1
PLANNERS 6500 Palma
Atascadero, CA 93422 -
SURVEYORS COMMUNITY DEVELOPMENT
Subject: Appeal of Planning Commission Action
Tree Removal Request at El Corte and Arcade Roads
Dear Steve:
As the representative of Mr. Ray Bunnell, I hereby request an appeal to City
Council of the Planning Commission action taken at their meeting April 1, 1997.
At issue here is the Condition of Approval for widening El Corte Road. If the
road is widened from 16 feet to 20 feet, a 30-inch Blue Oak trete will have to be
removed. At the request of the Planning Commission we have given the situation
further consideration. There are three actions that can be taken to resolve this
case:
1. Comply strictly with the Conditions of Approval, widen the street and remove
the tree.
2. Make an exception and eliminate the road widening Condition at this location.
3. Bond for the road widening and monitor the situation for one year to
determine how critical the need to widen the road is.
Please forward to the Council my letter and exhibit dated 2-13-97. Enclosed is the
check for$200 to complete the appeal. Thank you for your consideration.
Sincerely,
oe
364 PACIFIC STREETJohn Falkenstien
SAN Luis OmsPo, CA
960413/ccapeal
93401
CELEBRATING
805.544-7407 -+ 0'
FAR 805.544-3863 '',. renes of SERVICE
s
000040
ITEM : A. 2
ATTACHMENT B
MEMORANDUM
TO: Planning Commission
FROM: Kelly Heffernon, Administrative Analyst
RE: Requested Tree Removal @ the intersection of El Corte Road and
Arcade Road
DATE: April 1, 1997
SUBJECT:
Request to remove a 30" dbh Blue Oak tree (Quercus douglasii) for grading and
site improvements per Tract 1831
RECOMMENDATION:
Staff recommends the subject tree removal be approved based on the Findings
and Conditions contained in Attachment B.
DISCUSSION:
The project site is located at 8555 El Corte (Chalk Mountain Village; see
Attachment A for location). The subject tree to be removed is near the
intersection of El Corte Road and Arcade Road (on the right as one turns from
Arcade Road onto El Corte Road). Per condition #11c of Tract #1831
conditions, the applicant is required to widen El Corte Road to 20 feet between
Arcade Road and the Tract boundary. Pavement widening on the east side of El
Corte Road is not a practical option given the steep slope and lack of right-of-
way. Pavement widening on the west side of El Corte will provide a safer
turning radius while widening on the east side will aggravate the existing
sharp turn. The subject tree is on the edge of pavement on the west side of El
Corte Road and cannot be saved if the road is to meet current city engineering
standards.
As stated on the tree removal application, and confirmed in the field by staff,
the tree proposed for removal is in healthy condition. However, given the steep
slope conditions on the east side of the road, and in order to comply with the
above mentioned condition, it appears necessary to remove the oak tree.
Pursuant to the Tree Ordinance (Ord. No. 214), "decisions on native tree
removals of 24" dbh-size or larger shall be made by the Planning Commission."
In considering any tree removal request, at least one of the following Findings
must be made:
000041
a The tree is dead diseased or' 'ured beyond reclamation.
(b) The tree is crowded by other healthier native trees;thinning(removal)would
promote healthier growth in the trees to remain.
(c) The tree is interfering with existing utilities and/or structures.
(d) The tree is inhibiting sunlight needed for existing and/or proposed active or passive
solar heating or cooling.
(e) The tree is obstructing proposed improvements that cannot be reasonably designed
to avoid the need for tree removal. Factors to be considered in determining
"reasonableness"include:
(1) Early consultation with City Arborist;
(2) Consideration of practical design alternatives;
(3) Provision of cost comparisons(from applicant)for practical design
alternatives;
(4) If saving the tree eliminates all reasonable use of the property;or
(5) If saving the tree requires the removal of more desirable trees.
If approved, the tree removal must be mitigated through either a monetary
contribution into the City's Tree Replacement Fund ($200.00 for every 6" dbh);
on-site planting of replacement trees or some combination thereof. In terms of
paying into the Tree Replacement Fund, the total would be $1,000. To plant on
site, the total number of replacement trees required is 20. All tree
replacements must be satisfied prior to the final inspection of the road
improvements.
CONCLUSION:
The proposed road improvements are per city engineering standards and have
been designed to avoid excessive grading and tree removals to the extent
practicable. The requested tree removal is therefore reasonable.
Attachments:
Attachment A—Location Map
Attachment B — Findings and Conditions
k: \p1\pc3tree.sr
000042
CITYATTACHMENT A
OF ATAS CADERO
y`7-Igoss.. Ile 97 TREE RtMOVAL
�sCAD _-COMMUNITY DEVELOPMENT LOCATION MAP
DEPARTMENT
CHALK MOUNTAIN VILLAGE,q0
�� •
pvE
TREE TO BE REMOVED
(30" BLUE OAK)
1 R F-Z
6)
MF-4
/
EImC°RT
r w 11
Lo
�J
F.oa < 1 �0
cc r—uj
10
4L J G `
Jv °
c �f vP •
/ , ` 4
v
/ Y
C ( .s p 1 f 1 Ave
Attachment B-- Findings and Conditions
Tree Removal Request
8555 E1 Corte (Chalk Mountain Village\Bunnell)
Findings for Approval:
1. Practical design alternatives have been considered and
rejected as increased grading would result.
2. The tree proposed for removal is obstructing proposed
improvements that cannot be reasonably designed to avoid the
need for tree removal.
Conditions of ARproval:
1. Only the tree approved for removal herein shall be removed.
2. The tree approved for removal shall be replaced (mitigated)
as prescribed by the Tree Ordinance prior to the final road
improvement inspection.
•
000044
ATTACHMENT C ITEM • A. I.
CITY OF ATASCADERO •
PLANNING COMMISSION
ACTION MINUTES
City Administration Building
April 1 , 1997 7 :00 p.m.
COMMISSIONERS PRESENT: Wallace, Sauter, Zimmerman, Johnson,
Hageman
COMMISSIONERS ABSENT: [Two seats vacant]
STAFF PRESENT: Doug Davidson, Senior Planner; Gary
Kaiser, Associate Planner; John Neil,
Assistant City Engineer
SUBJECT: PUBLIC COMMENT
TESTIMONY: None
i
i
000045
CITY OF ATASCADERO
PLANNING COMMISSION
04/01/97
ACTION MINUTES
SUBJECT: A. CONSENT CALENDAR
1 . Approval of minutes of the regular Planning
Commission meeting of March 4, 1997 .
2 . Tree removal request of one (1) 30" dbh Blue Oak
Tree for grading and site improvements per Tract
1831. Subject site is located at the intersection
of El Corte Road and Arcade Road.
3 . Reconsideration of Conditional Use Permit 95003forthe expansion of the Berean Baptist Church.
Subject site is located at 9325 El Bordo Avenue.
STAFF
RECOMMENDATION: Approve
Commissioner Zimmerman asked that Item A.2 be pulled from the
Consent Calendar for discussion.
ACTION: Approve Items A. 1 and A. 3 of the Consent
Calendar.
Motion: Johnson
Second: Wallace
MOTION PASSED: Unanimous
Commissioner Zimmerman wanted to make sure the road was indeed
going to be widened before this beautiful tree was removed. He
said he could support the tree removal only if the road widening
was definitely going to take place and there was no way to accomp-
lish that without removing the tree.
John Neil suggested that we add a condition of approval'; to the tree
removal that would protect the tree in the interim:
"The tree shall not be removed until an Encroachment Permit is
issued to the applicant for construction of road improvements
at the intersection of E1 Corte Road and Arcade Road. "
*John explained that prior to the issuance of an Encroachment Per-
mit, the applicant will be required to have plans approved by the
_2_
000046
City Engineer which will show construction details .
Commissioner Johnson said that he wasn't convinced that the tree
actually needed to be removed. He feels that there are engineering
solutions that could be applied that would avoid this tree' s
removal. He explained that Blue Oaks are very slow growing trees,
and, this particular 30" inch tree is very old and should be given
more consideration. He doesn't feel that Blue Oaks should be
removed without exhausting every engineering possibility.
Commissioner Wallace asked Commissioner Johnson if he could support
the tree removal with the additional condition as suggested by John
Neil. Commissioner Johnson responded that he had a problem with
Finding 2 . He feels that the proposed improvements could be
reasonably designed to avoid the need for tree removal .
Discussion continued regarding the Findings and Conditions of
Approval, right-of-way encroachments, and the possibility of Fiot
widening the road at all. Commissioner Zimmerman stated that he
would like to hear from the applicant' s representative.
John Falkenstien, Cannon Associates - confirmed that the existing
paving on the opposite side of the tree is already outside the
right-of-way so it' s not possible to widen the road to meet the
conditions of approval without acquiring right-of-ways from the
various property owners . He stated that the tree was in the
center of the road right-of-way. From his perspective, the road
must either stay as is or if the road has to be widened "the tree
has to go. "
Chairman Hageman asked John Neil if it would be possible for the
road to be narrower through the section that involves the tree.
John responded that the standard imposed on the project as a con-
dition of approval is basically minimum Fire Access Standards.
After more discussion, the Commission decided to refer the tree
removal request back to staff for a better analysis of alterna-
tives.
ACTION: Direct staff to explore alternative road alignment-s which
meet the conditions of approval for Tract 1831 while not
removing the Blue Oak tree.
Motion: Johnson
Second: Zimmerman
AYES: Johnson, Zimmerman, Wallace, Sauter, Hageman
NOES: None
ABSENT: [Two seats vacant]
MOTION PASSED: 5:0
4 00004'7
iCITY OF ATASCADERO
PLANNING COMMISSION
04/01/97
ACTION MINUTES
SUBJECT: B. HEARINGS. APPEARANCES, AND REPORTS
1. TENTATIVE PARCEL MAP #96017:
Consideration of a tentative parcel map application
to divide an existing 5.78-acre lot into two (2)
parcels of 2 . 89 acres each for single family resi-
dential use. Subject site is located at 3255
Ardilla Road (Hjortland/Cannon Associates) .
STAFF RECOMMENDATION: (Gary Kaiser)
Staff recommends the following actions : _
1 . That the Negative Declaration prepared for the 'project be
found adequate under the requirements of the ' California
Environmental Quality Act (CEQA) ; and
2 . That Tentative Parcel Map #96017 be approved based on the
Findings for Approval contained in Attachment E and the
. Conditions of Approval contained in Attachment F. ''
Gary Kaiser provided the staff report. He stated that John Neil
recommended amending Condition #13 as follows :
"13. The applicant shall submit a grading and drainage plan,
prepared by a registered civil engineer, for review and
approval by the City Engineer prior to the issuance of
building permits . "
TESTIMONY:
John Falkenstien, applicant' s representative - Asked Jahn Neil if
the preparation of a Preliminary Soils Report which is required in
Condition #5 could be subject to the discretion of the Building
Official. John Neil explained that the wording of that condition
comes right from the City' s Subdivision Ordinance. An interpre-
tation of the Ordinance by the City Engineer and the, Community
Development Director is that there' s really no flexibility in that
requirement - a new parcel needs a Soils Report to be prepared.
. . . . . . .end of public comment. . . . . .
Commissioner Sauter stated that he lived on San Fernando Road and
wasn' t sure whether his property was close enough to the subject
Oan
roperty to create a possible conflict of interest; however, out of
excess of caution he chose to refrain from voting on this
matter.
000048
Planning Commission Meeting - April 1, 1997
Page Five of Six
ACTION: That the Negative Declaration prepared for the project be
found adequate under the requirements of the California
Environmental Quality Act (CEQA) .
Motion: Wallace
Second: Zimmerman
AYES: Wallace, Zimmerman, Johnson, Hageman
NOES: None
ABSENT: (Two seats vacant)
MOTION PASSED: 4:0
ACTIO N: That Tentative Parcel Map #96017 be approved based on the
Findings for Approval contained in Attachment E and the
Conditions of Approval, as amended, contained in Attach-
ment F.
Motion: Wallace
Second: Zimmerman
AYES: Wallace, Zimmerman, Johnson, Hageman
NOES: None
ABSENT: (Two seats vacant]
MOTION PASSED: 4:0
000049
CITY OF ATASCADERO
PLANNING COMMISSION
04/01/97
ACTION MINUTES
SUBJECT: C. INDIVIDUAL COMMENT
Planning Commission•
Commissioner Johnson - announced that he was being assigned to work
in Santa Cruz for approximately six months and wanted to try to
maintain his place on the Planning Commission. He stated that he
might miss a few meetings but that he would make every attempt to
attend.
Commissioner Zimmerman - would like staff to check in to- the
possibility of obtaining some sort if I.D. or business card for the
Planning Commissioners so that when they go out to visit the
various project sites, they have identification to present to the
public, if necessary.
City Planner: - Doug stated that staff would look in to commis-
sioner Zimmerman' s identification request. He informed the
Commission that their agenda packets for the next meeting of April
15, 1997, would be delivered to their residences on Friday to
assure that they have ample time for review.
Economic Round Table: - Chairman Hageman stated the Robert Grogan,
Interim City Manager, was the speaker - giving some of lois views on
direction for the City and some of the things the City';' could do to
help it' s economic problems.
MEETING ADJOURNED: 7.45 P.M.
Minutes Prepared By:
Patricia Hicks
Administrative Secretary
•
• 000050
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Itm: B-2 (A-C)
Through: Robert Grogan Meeting Date: 05/13/97
Interim City Manager
File Number: ZC 97001
Via: Steven L. DeCamp ZC 96010
Acting Community Development Director TTM 96010
From:'odf.�Gary Kaiser, Associate Planner
SUBJECT:
Consideration of a zone change application to modify the text of
the Zoning Ordinance with respect to building setbacl� requirements
in the PD7 Overlay Zone and a proposal to establish '?a Master Plan
of Development for a particular site and subdivide that 0 . 68-acre
site into six ( 6) lots for residential development consistent with
the Master Plan. Subject site is located at 5392 Batrenda Avenue.
(Paul Norton/Cannon Associates)
RECOMMENDATION:
Staff recommends the following actions as recommended by the
Planning Commission:
1 . Ordinance No. 325 - Read by title only and approve on first
reading amending Section 9-3 . 151 of the Zoning Ordinance
relative to building setback requirements .
2 . Ordinance No. 326 - Read by title only and approve on first
reading amending Map 6 of the Official Zoning Maps by rezoning
certain real properties at 5392 Barrenda Avenue from RMF/16 to
RMF/16 (PD7 ) .
3. Approval of Tentative Tract Map 96010 based on, the Findings
contained in the attached Planning Commission staff report,
dated April 15, 1997, and the attached Revised ,Conditions of
Approval.
BACKGROUND:
On April 15, 1997, the Planning Commission conducted a public hear-
ing on the above-referenced applications. After discussion (see
attached minutes excerpts) the Planning Commission, on a 4 : 0 vote
(one Commissioner absent) , recommended approval of Zone Change
97001, Zone Change 96010, and Tentative Tract Map 96010 .
Attachments: Ordinance No. 325
Ordinance No. 326
Planning Commission Staff Report - April 15, 1997
Revised Conditions of Approval - April 15, 1997
Minutes Excerpts - April 15, 1997
000051
ORDINANCE NO. 325
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING SECTION 9-3.151 OF THE ZONING ORDINANCE
RELATIVE TO BUILDING SETBACK REQUIREMENTS
(ZC 97001: Norton/Staff)
WHEREAS, the proposed Zoning Ordinance amendment is consistent
with the General Plan in effect at the time of application
acceptance, as required by Section 65860 of the California
Government Code; and
WHEREAS, the proposed amendment is in conformance with Section
65800 et seq. of the California Government Cide k-:oncerning zoning
regulations; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on April 15, 1997, and has recommended approval of Zone
Change 97001.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposal is consistent with the General Plan
in effect at the time of application acceptance.
2. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
3. The proposal is warranted to promote orderly and
harmonious development.
4. The proposal will enhance the opportunity to best
utilize special characteristics of an individual site
and will have a beneficial effect on the community as a
whole.
5. Benefits derived from the proposal cannot be reasonably
achieved through existing development standards or
processing requirements.
000052
Ordinance No. 325
Page 2
Section 2 . Zoning Ordinance.
Section 9-3. 651 of the Zoning Ordinance of the City of
Atascadero is hereby amended as shown in the attached Exhibit A
which is hereby made a part of this ordinance by reference.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News,
a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section '; 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this ; certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12: 01 a.m. on the 31st day after its passage.
On motion by and seconded by
, the foregoing Ordinance is approved by
the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
RAY JOHNSON, Mayor
ATTEST:
i
MARCIA M. TORGERSON, City Clerk
000053
EXHIBIT A
Ordinance 325
9-3. 651. Establishment of Planned Development Overlay Zone No. 7
(PD7) . A Planned Development Overlay Zone No. 7 may be established
in multiple family residential zones. The following development
standards shall be applied to all projects within Planned
Development Zone No. 7:
(a) A Master Plan of Development of the site shall be
approved. All construction and development shall be
done in conformance with the approved master plan.
(b) No subsequent Tentative Parcel or Tract 'Map shall be
approved unless found to be consistent with the approved
Master Plan of Development.
(c) A proposed planned development project shall consist of
no fewer than four (4) residential units.
(d) The parent lot or lots shall have frontage on a public
street.
(e) Each dwelling unit shall be subject to review under the
City's Appearance Review Guidelines.
(f) Building setbacks shall be as follows:
Front yard at residence - 15 feet
Frent yard a garage . 24--feet-
Side
^—feetSide yards (combined) - 10 feet
Side yard (corner lot) - 12 feet
Rear yard (single-story) - 10 feet
Rear yard (two-story) - 15 feet
Garages shall be recessed from the 'front of the
residence by at least five (5) feet, where oriented
toward a street or common driveway.
(1) Physically unique sites: Sites with : one or more
mature trees, steep slopes, riparian areas and/or
some other unique physical characteristic are not
subject to the above setback requirements provided
the following Findings are made;,: (1) that
flexibility from the above setback ': standards is
necessary to enable the environmentally superior
design alternative; (2) that at least fifty percent
(50%) of each individual lot will be landscaped;
iand (3) that at least sixty percent (60%) of the
net area of the overall site will be landscaped.
000055
(g) Building coverage (residence plus garage footprint)
shall not exceed 35% of the individual lot area.
Landscaping shall constitute a minimum of 40% of the lot
area. The measurement of landscaped areas shall be
exclusive of driveways, patios, decks, etc.
(h) Two story residences shall have a second floor that is
limited to 75% of the gross area of the first floor
inclusive of the garage.
(i) All mechanical equipment, including HVAC units and
utility meters, shall be screened from view from
adjacent streets and properties.
(j ) Exterior fencing shall be consistent throughout the
project. Design and appearance of fences and/or walls
shall be compatible with the design of the dwelling
units.
(k) Accessory buildings (sheds, etc) will be allowed;
however, the footprint of such accessory buildings will
count toward the maximum percent of allowable building
coverage.
(1) Each proposed lot shall have a minimum frontage of
forty-five (45) feet, except that lots at the end of a
cul-de-sac may be forty (40) feet.
(m) Parking for two resident vehicles shall be provided in a
garage with minimum interior dimensions of 20' X 20' .
One guest parking space of at least 9' X 18' shall be
provided on each individual lot. The driveway area may
be used to satisfy the guest parking requirement. On-
street parking shall not be used to satisfy the parking
requirements.
(n) Private open space shall be provided for each
residential unit at a ratio of 300 square feet for the
first two (2) bedrooms. Each bedroom in excess of two
(2) shall cause the private open space to be increased
by 50 square feet. The required front yard setback area
shall not be used to satisfy the open space requirement;
however, side and rear setback areas may be utilized.
The minimum width of the private open space area shall
not be less than ten (10) feet.
(o) Individual trash collection shall be used for each
residential unit. Provisions shall be made for storage
of trash cans within the garage or fenced area.
000056
(p) All utilities, including electric, telephone and cable,
along the frontage of and within the ' PD shall be
installed underground.
(q) Alterations or additions to established dwelling units
shall be subject to the density standards of the
underlying zone and shall be reviewed pursuant to the
City's Appearance Review Guidelines.
(r) All dwelling units shall be equipped';, with water
conservation devices to include low-flowshower heads
and toilets, and drip irrigation systems.
00005'7
ORDINANCE NO. 326
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 6 OF THE OFFICIAL ZONING MAPS
BY REZONING CERTAIN REAL PROPERTIES AT 5392 BARRENDA AVENUE
FROM RMF/16 TO RMF/16 (PD7)
(ZC 96010: Norton)
WHEREAS, the proposed zoning map amendment is consistent with
the General Plan in effect at the time of application acceptance,
as required by Section 65860 of the California Government Code; and
WHEREAS, the proposed amendment is in conformance with Section
65800 et seq. of the California Government Code concerning zoning
regulations; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on April 15, 1997, 1997, and has recommended approval of
Zone Change 96010.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1 . Council Findings.
1. The proposal is compatible with surrounding land uses
and the zoning in effect at the time of application
acceptance.
2. The proposal is consistent with the General Plan
in effect at the time of application acceptance.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration -
prepared for the project is adequate.
4. Modification of development standards or processing
requirements is warranted to promote orderly and
harmonious development.
5. Modification of development standards or processing
requirements will enhance the opportunity to best .
utilize special characteristics of an area and will have
a beneficial effect on the area.
O00058
Ordinance No. 326
i Page 2
6. Benefits derived from the overlay zone cannot be
reasonably achieved through existing, development
standards or processing requirements.
7. The proposed plans offer certain redeeming features to
compensate for requested modifications.
Section 2. Zoning Map.
Map number 6 of the Official Zoning Maps of the City of
Atascadero on file in the City Community DevelopmentDepartment is
hereby amended to reclassify the parcels listed below, and shown on
the attached Exhibit A which is hereby made a part of this
ordinance by reference:
Lots 6 & 7, Block L-A, Atascadero Colony
Assessor's Parcel No. 029-062-010
Development of said property shall b in
P e accordance with th
P Y e
approved Master Plan of Development shown on the attached Exhibit B
the Conditions of Approval shown on the attached Exhibit C.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News,
a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this '' certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage.
On motion by and seconded by
, the foregoing Ordinance is approved by
the following roll call vote:
000059
-- 9
Ordinance No. 326
Page 3
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
RAY JOHNSON, Mayor
ATTEST:
MARCIA M. TORGERSON, City Clerk
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
PREPARED BY:
STEVEN L. DECAMP, Acting Director
Community Development Department
000060
EXHIBIT C
• Ordinance 326
CONDITIONS OF APPROVAL:
1 . This approval is based on plans contained in Attachments D
through I . All development shall be in substantial
conformance with those Attachments (the Master Plan of
Development) , this Attachment (Conditions of Approval) and
all applicable codes, ordinances and standards of the City
of Atascadero. Any modifications of the project shall
require review and approval by the Community Development
Department.
2 . Landscape plans provided during building permit review shall
include the planting of at least one (1) native tree on each
lot. Additional tree replacement requirements ' (for trees
removed) shall be satisfied by either on-site plantings or
in lieu contributions into the City' s Tree Replacement Fund
prior to final building inspections.
3 . Grading plans provided during building permit review shall
include a tree protection plan prepared by a certified
arborist or resource professional with similar education and
experience. Any pruning of existing native trees shall be
included as part of the tree protection plan, and the
project arborist shall perform or supervise that pruning.
4 . Prior to the issuance of building/grading permits, the
project arborist shall verify that tree protection has been
installed on-site in accordance with the tree protection
plan. Prior to any final inspections, the project arborist
shall verify that all pruning of native trees was indeed
done under his/her supervision. In addition, the project
arborist shall supervise trenching for the installation of
the drainage pipe across the adjoining property to the east
and, prior to final inspection, shall verify that no roots
over two (2) inches in diameter were severed.
5. All units shall be set back from the private road easement
by at least fifteen (15) feet, with the exception of Lot 5
which shall remain at 13.8 feet from the easement. (NOTE:
This will require that the residences on Lots 1'', & 5 be
shifted slightly to the southeast and southwest,,
respectively) .
000,061
Fire Department Conditions .
6. A new fire hydrant shall be installed at the entrance to the
project, and the existing fire hydrant located at 5370
Barrenda Avenue shall be upgraded to current standards .
Both of these hydrants shall be shown on plans provided
during building permit review and the work shall be verified
prior to final inspections.
Engineering Department Conditions
7 . All public improvements shall be constructed in conformance
with the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City
Engineer.
8 . The applicant shall enter into a Plan Check/Inspection
agreement with the City. Prior to recordation of the final
map, all outstanding plan check/inspection fees shall be
paid.
9. An encroachment permit shall be obtained from the City
Engineering Department prior to the issuance of building
permits.
10 . A Preliminary Soils Report shall be prepared for the
property to determine the presence of expansive soil or
other soil problems and shall make recommendations regarding
grading of the proposed site. A final soils report shall be
submitted by the soils engineer prior to the final
inspection and shall certify that all grading was inspected
and approved and that all work done is in accordance with
the plans and the preliminary report.
The final map shall state that a soils report has been
prepared for the project. The statement shall provide the
date the report was prepared along with the name and address
of the soils engineer or geologist who prepared the report.
11 . All public improvements or improvements in the public right-
of-way shall be secured with a 100% Performance Guarantee
and a 50% Labor and Materials Guarantee until the
improvements are deemed substantially complete by the City
Engineer. Prior to the final inspection of the
improvements, and before the other guarantees mentioned in
this condition are released, a 10% Maintenance Guarantee
shall be posted to cover the improvements for a period of 1
year from the date of the final inspection.
. 000062
The guarantee amounts shall be based on an engineer' s
• estimate submitted by the project engineer and approved by
the City Engineer. The estimate shall be based on City
standard unit prices. The Guarantees posted for this
project shall be approved by the City Attorney..
12 . A six (6) foot Public Utility Easement (PUE) shall be
provided contiguous to all street frontages.
13 . The applicant shall be responsible for the relocation and/or
alteration of existing utilities .
14 . The applicant shall install all new utilities (water, gas,
electric, cable TV and telephone) underground. ', Utilities
shall be extended to the property line frontage of each lot
or its public utility easement.
15. The applicant shall overlay any utility trenching in
existing streets to restore a smooth riding surface as
required by the City Engineer.
16. The applicant shall construct all drainage facilities to
City of Atascadero Standards. Each improvement shall be
designed so as to not increase the rate of flow of water
onto adjacent properties. The applicant shall demonstrate
that the proposed drainage facilities provide safe
conveyance for the overflow conditions which may occur
during the 100-year design event.
17 . Drainage shall cross lot lines only where a drainage
easement has been provided. Drainage from off-site areas
shall be conveyed across the project site in drainage
easements.
18 . The applicant shall limit storm water discharge from the
developed site to the design capacity of the downstream
drainage improvements. The applicant shall demonstrate that
the design capacity of the downstream drainage improvements,
or natural water courses, can adequately convey the total
flow of storm water from the fully developed watershed plus
the developed project site without adversely affecting other
properties. Or the applicant shall detain storm water on
the site in conformance with City Standards .
19. The applicant shall submit a grading and drainage plan,
prepared by a registered civil engineer, for review and
approval by the City Engineer prior to the recordation of
the final map.
•
000063
20. A sedimentation/erosion control plan addressing interim
erosion control measures to be used during construction
shall be submitted for review and approval by the City
Engineer if development is to occur between October 15 and
April 15. The sedimentation/erosion control plan shall be
prepared by a registered civil engineer.
21 . The applicant shall submit road improvement plans prepared
by a registered civil engineer for review and approval by
the City Engineer prior to recordation of the parcel map.
Road improvements plans shall conform to the requirements of
the City Standard Specifications, Section 2 - Preparation of
Plans. R-value testing shall be done, and the pavement
section designed by a registered civil engineer to the
satisfaction of the City Engineer. Road improvements shall
include, but not be limited to the following:
A. Barrenda Avenue shall be improved from centerline to
the property frontage in conformance with City Standard
405 (Local) contiguous to the entire property frontage
with the exception that the pavement width from center-
line to the face-of-curb shall be 15 feet to match the
existing improvements east of the project site, or as
approved by the City Engineer. The improvements may
require the overlaying of the existing pavement to
remedy an inadequate structural section or to remedy a
deteriorated paving surface. Transitions shall be
constructed where required to achieve a smooth join
with existing improvements. Sidewalk shall be
constructed along Barrenda Avenue, but only to the
extent shown on the preliminary grading plan
(Attachment E) .
B. Slope easements shall be provided on each side of the
right-of-way as needed to accommodate cut or fill
slopes.
C. The on-site street shall be fully improved in
conformance with City Standard Drawing No. 429 "Fire
Access Standards (Private Roads) " . The on-site street
shall be paved and shall provide a minimum width of 20
feet from face-of-curb to face-of-curb, unless
otherwise approved by the City Fire Marshall . Parking
shall be prohibited along the on-site street.
22 . The applicant shall monument all property corners for
construction control and shall promptly replace them if
disturbed. The applicant shall install all final property
corners and street monuments, or bond for them, prior to
acceptance of the improvements.
4
000'06'
23. The applicant shall acquire title or interest in any off-
site land that maybe required to allow for the construction
of the improvements . The applicant shall bear all costs
associated with the necessary acquisitions. The applicant
shall also gain concurrence from all adjacent property
owners whose ingress or egress is affected by these
improvements .
24 . The applicant shall pay all sewer annexation fees prior to
the recordation of the final map.
25. The applicant shall submit a written statement from a
registered civil engineer that all public improvements have
been completed and are in substantial conformance with the
approved plans prior to the recordation of the ',!final map.
26. The applicant shall submit written certification that all
survey monuments have been set as shown on the ';final map
prior to the final inspection.
27 . The applicant shall submit a maintenance agreement for the
private drainage system (and the private on-site road) for
review and approval by the City Engineer and the City
Attorney. The approved maintenance agreement shall be
. recorded prior to recordation of the final map.'
28 . Approval of this tentative tract map shall expire two (2)
years from the date of final approval unless an extension of
time is granted pursuant to a written request received prior
to the expiration date.
29. Exterior colors shall be specified on plans submitted for a
building permit and shall be approved by staff ';prior to the
issuance of building permits.
30. Retaining walls constructed as part of foundation systems
shall not exceed three (3) feet in height nor preclude the
placement of windows in affected walls.
31 . Retaining walls on Lot 5 shall be moved to the 'property
line.
, C: \data\wp\map\ttm96010.coo
9
000065
CITY OF ATASCADERO Item: B . 2
STAFF REPORT
FOR: Planning Commission Meeting Date: April 15, 1997
BY: Gary Kaiser, Associate Planner File: TTM 96010; ZC 96010
C�aR� & ZC 97001
SUBJECT:
Consideration of ( 1) a zone change application to modify the text
of the Zoning Ordinance with respect to building setback
requirements in the PD7 Overlay Zone and (2) a proposal to
establish a Master Plan of Development for a particular site and
subdivide that 0.68-acre site into six (6 ) lots for residential
development consistent with the Master Plan.
RECOMMENDATION:
The Planning Commission should make the following recommendations
to the City Council:
1. That Findings be made that the project would not have a
significant adverse effect on the environment and that the .
Negative Declaration prepared for the project is adequate;
2 . That Zone Change #97001 (text amendment) be approved based
on the Findings and land use provisions contained in Draft
Ordinance 325 (Attachment K) ;
3. That Zone Change #96010 (map amendment) be approved based on
the Findings and land use provisions contained in Draft
Ordinance 326 (Attachment L) ; and
4. That Tentative Tract Map #96010 be approved based on the
Findings contained in Attachment M and subject to the
Conditions of Approval contained in Attachment N.
SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . . . . . . .Paul Norton
2. Representative. . . . . . . . . . . . . . . . .Cannon Associates
3. Project Address. . . . . . . . . . . . . . . .5392 Barrenda Avenue
4. Legal Description. . . . . . . . . . . . . .Lot 6 & 7, Blk DA, A.C.
5. Site Area. . . . . . . . . . . . . . . . . . . . . . 0.68 acres
1
• 0000G6
6. General Plan Designation. . . . . . .High Density' Multi-Family
7. Zoning. . . . . . . . . . . . . . . . . . . . . . . . .RMF-16
8. Existing Use. . . . . . . . . . . . . . . . . . .vacant
9. Environmental Status. . . . . . . . . . .Negative Declaration
posted March'' 25, 1997
ANALYSIS:
The project site is comprised of two original Colony' Lots located
on the south side of Barrenda Avenue, approximately 150 feet from
its junction with Traffic Way (Attachments A & B) . The site is
within a designated high density multiple family zone and there
are numerous multiple family dwelling units in the area.
The applicant wishes to subdivide this 0.68-acre site into six
(6) separate lots and then construct single family residences on
each lot in accordance with the proposed Master Plan of
Development. This aspect of the project -- a small lot
residential development -- is nothing new to the Planning
Commission as several such "PDs" have been proposed recently.
In this case, however, the applicant is also proposing to modify
the text of the Zoning Ordinance relative to the building setback
requirements of Planned Development Overlay Zone No. 7. Because
the proposed Master Plan of Development does not comply with
existing building setback requirements, it cannot be. approved
unless the text amendment is first approved.'
Background
The site has been designated for high density multiple family use
for years. Until recently, there was a large two-story home on
the site which was partitioned into separate apartment units.
That home has now been demolished and only the graded remnants of
the home and unpaved parking area remains. In 1990,; precise plan
and tentative tract map applications were approved for the
construction of eight (8) two-bedroom condominium units on the
site (Attachment C) . Since that time, however, the (market demand
for residential condominiums has virtually disappeared. Although
the 8-unit project previously approved could still be built as
apartments, the applicant would rather create separate
residential lots through the planned development process even
though fewer residential units would be allowed.
' In theory, a variance from existing setback requirements could be approved to allow for the
proposed project without the text amendment. Given the 8-unit condominium/apartment project previously
• approved for the site, however, the findings necessary to approve a variance application would be very
difficult to make.
2
000067
General Plan/Zoning Consistency
The site is zoned RMF-16 and has an average slope between 0 and
10%. Based on RMF-16 density standards, 3,630 square feet is
required for every two-bedroom unit (43,560/12) and 5,445 square
feet is required for every three-bedroom unit (43,560/8) . To
allow for one ( 1) three-bedroom unit and five (5) two-bedroom
units, a site must be at least 23,595 square feet (net) :
[ (5,445 x 1) + (3,630 x 5) ] = 23,595
After subtracting the easement for the proposed private road, the
site has a net area of 24,951 square feet. Thus, the project
complies with density requirements. (NOTE: The eight (8) two-
bedroom units previously approved for the site were approved
under the same density standards, but as an apartment or
condominium project there was no requirement that interior
roadways be subtracted from the gross area of the site. )
Proposed Master Plan of Development
The proposed Master Plan of Development includes a tentative
tract map, preliminary grading plan, landscape plan and details
with respect to individual building elevations and floor plans
(Attachments D through I) . As shown by the tentative map, six
(6 ) new parcels are proposed which would range from 3, 198 square
feet (net) to 6, 152 square feet (net) . Proposed parcels 1
through 5 would be developed with two-bedroom residences and
proposed parcel 6, the largest of the proposed parcels, would be
developed with a three-bedroom residence.
The Master Plan drawings are fairly self-explanatory as far as
communicating the proposed appearance and layout of individual
units and the site as whole. The proposed dwellings are not
identical but are indeed tasteful in design and compatible with
one another. Color schemes for the proposed units have not yet
been established; a condition of approval is therefore necessary
to ensure approved colors are established during the building
permit review process.
Existing PD7 Standards
With the exception of building setbacks, the project complies
with all existing PD7 Overlay Zone standards. Building
footprints range from 21% to 31% of the respective net lot sizes,
and landscaping ranges from 49% to 71%. In fact, if the project
is approved, 61% of the entire site will be landscaped. Although
building footprints are well within the 35% limit and the amount
of landscaping far exceeds the 40% minimum required, it does not
seem possible to design a project that complies with the setback
standards without further reducing density and/or removing the
larger and most scenic Oak trees on the site (see Attachment E) .
3
000068
As proposed, lots 3, 4 & 5 do not comply with the 15-foot rear
setback required for two-story units. In addition, 'lots 1 & 5 do
not comply with the 15-foot front setback requirement. In the
case of lot 5, the ground floor is proposed to be at an elevation
which is seven (7 ) feet below existing grade. The residence on
lot 5 will therefore not appear as dominating as a typical two
story unit when viewed from the adjoining property to the west;
the standard would nevertheless require the 15-foot ''setback.
Proposed Amendments to PD 7 Overlay Zone
It is an advantage to have minimum generic standards for planned
residential developments. Such standards provide agood
yardstick to ensure quality development and also increase the
degree of objectivity in the review process. Having said that,.
the standards should not be so stringent as to preclude what
would otherwise appear to be the best development alternative
available given a particular case.
Section 9-3.641 of the Zoning Ordinance states the purpose of the
Planned Development Overlay Zone is "to identify areas where
development standards . . . different from those established . . .
are deemed necessary to enhance the opportunity to best utilize
special characteristics of an area. " Hence, the whole idea of a
planned development is to be able to take into account the unique
characteristics of a particular site in order to produce the best
• possible development scenario.
The Draft Ordinance contained in Attachment K shows the proposed
changes to Planned Development Overlay Zone No. 7; deletions are
shown in stri -..eu , additions are shown in bold. Although the
applicant seeks only to modify the PD7 standards to allow
flexible setbacks in unique cases such as this, staff is using
this application as an opportunity to clarify an existing setback
standard as well. Because of that, and because any changes to
the PD7 standards could have City-wide effects, the proposed new
wording has been drafted by staff. Moreover, because staff
agrees with the applicant that setback standards should allow
flexibility on physically unique sites where such flexibility
enables an environmentally superior project, the proposed changes
can be considered changes which are proposed by both' the
applicant and staff. Whether this particular project is approved
or not, staff feels the proposed clarifications and changes to
the PD7 zone should indeed be made.
As mentioned, any PD7 Overlay Zone changes would apply City-wide.
In actuality, however, the extent to which the new provisions
could be used in other cases is extremely limited because the
vast majority of remaining under-developed parcels in the RMF
zone are not "physically unique" to the extent that a project not
meeting standard setback requirements would be determined the
best design alternative available.
4
000069
Environmental Review
The project would require the removal of three 3 Oak trees one
7 q ( ) ,
of which is fairly large and in beautiful condition, a few small
non-native trees and shrubs. The Tree Ordinance requires that
native trees removed be replaced at a certain ratio, depending on
the size and species of trees removed, and that native trees to
remain be protected during construction. In addition, the Tree
Ordinance requires that one native tree be planted for every new
residence regardless of tree removals. A condition of approval
is necessary to ensure landscape plans include replacement trees
and that grading plans include a tree protection plan prepared by
a certified arborist. Tree removals notwithstanding, there is no
evidence that project approval could have environmental impacts
which are potentially significant.
Notable Review by Other Departments
The City Engineer has reviewed the proposed project and has noted
that adopted Engineering Standards require that new roads serving
more than four (4 ) lots be improved to City Standards and offered
for dedication as public streets. Realizing that the design of
the proposed private road is safe and preferred the by planning
staff, the City Engineer has provided to sets of conditions --
one for construction of a City Street and one for the
construction of a private road. Since a condition requiring
construction of a City Street would trigger a need to redesign
the project and return to the Planning Commission with a
different staff report, only the conditions for a private street
have been included in Attachment N.
The applicant has provided an alternative that shows lots 1 & 6
having direct access to Barrenda Avenue, thereby limiting use of
the on-site road to four (4 ) lots. Such an alternative would
detract from the "mini-neighborhood" feel desired in these
planned residential developments, and the increased number of
encroachments onto Barrenda Avenue would surely pose safety
concerns. In this case, a City-Standard street would cause
unnecessary grading and tree removals without yielding any real
benefits; staff therefore supports the project as proposed.
CONCLUSIONS•
In the process of redesigning site plans from those previously
approved to the small lot subdivision now proposed, the applicant
has decreased density and scaled-up the size and design of
individual units. During the lengthy review process, numerous
design alternatives were explored to avoid having to re-write
setback standards or request exceptions to road standards. To
that end, some of these alternatives were successful; however,
all were inferior to the design now proposed with respect to
environmental sensitivity, safety and neighborhood compatibility.
5
000070
Staff believes the proposed PD7 Overlay Zone changes will prove
i beneficial to the community and that the introduction of flexible
setback standards could and would indeed be limited 'in
application to cases where a truly superior project 'would thereby
result. Staff feels both the text amendment and particular
project proposed are consistent with the General Plan and that
all of the necessary Findings for approval can indeed be made.
ATTACHMENTS:
Attachment A - Location Map (General Plan)
Attachment B - Location Map (Zoning)
Attachment C - Approved Condominium Plan ( 1990)
Attachment D - Tentative Tract Map
Attachment E - Preliminary Grading Plan
Attachment F - Landscape Plan
Attachment G - Building Elevations
Attachment H - Floor Plans
Attachment I - Site Section/Fencing Details
Attachment J - Negative Declaration
Attachment K - Draft Ordinance 325
Attachment L —Draft Ordinance 326
Attachment M - Findings for Approval
Attachment N - Conditions of Approval
c:\data\wp\map\TPM96010.sr
•
6
j
0000'71
r
rAiWwwUv gift
FA
iww
ARIA
if
WAP
t .
IONV
WE
Ills
Q
w -
J.11IJIJ1�� . ��J S► .- - �� ����
• � 1711�f,-:" �`
ff
• s� _ .�.,
l 11
e �� ■
r
1
=
■ � I .R � I A
op
ATTACHMENT C
APPROVED PLANS FOR CONDOS .
ZC 497001; ZC 496010; &
• TTM #96010
CITY OF ATASCADERO Item: B-4
STAFF REPORT
FOR: Planning Commission Meeting Date: November 20, 1990
BY: Doug Davidson, Senior Planner File No: TTM 17-90
SUBJECT:
To consider a request to subdivide one lot into eight (8)
airspace condominiums and a common area.
RECOIRKE NDATION:
Staff recommends approval of Tentative Tract Map 17-90 based on
the Findings for Approval in Exhibit B and the Conditions of
Approval in Exhibit C.
SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . . . . .Dan Lopez
2. Representative. . . . . . . . . . . . . . .Cuesta Engineering
3. Project Address. . . . . . . . . . . . . .5392 Barrenda Ave.
4. Site Area. . . . . . . . . . . . . . . . . . . .0. 68 acres
5. Zoning. . . . . . . . .. . . . . . . . . . . . .RMF-16
6. General Plan Designation. . . . .High Density Multiple Family
7. Existing Use. . . . . . . . . . . . . . . . .Vacant
8. Environmental Status. . . . . . . . .Negative Declaration
Adopted May 29, 1990
BACKGROUND:
On May 29, 1990, Precise Plan 27-90 became effective. This
approval established conditions of development for an (8) eight
unit multiple family project. The building permit application is
currently being reviewed.
0
• 000074
ANALYSIS:
In an airspace condominium project, the unit spaces are
individually owned, while the open space and parking area is
owned in common. Private agreements (CC&Rs) ensure continued
maintenance and enforce private regulations.
The project provides separate utility meters, as well as an
architectural and site design, that symbolizes a condominium
development. The project meets the density, development, and
appearance standards of the Zoning Ordinance as confirmed through
the Precise Plan.
This application is not •subject' to the current moratorium, nor
would it fall under the provisions of the draft Condominium
Conversion Ordinance as written. The moratorium and impending
regulations apply only to condominium conversions - projects
receiving final inspection as apartments and availalble for rent.
CONCLUSIONS:
•The proposed project presented no concerns to any of the outside
agencies. The required public improvements triggered by this
development have been reviewed and approved through the Precise
Plan approval and issuance of building permits. With a
corresponding subdivision approval, the required improvements
must be completed before the map records or prior to final
building inspection, whichever comes first.
ATTACHMENTS: Exhibit A - Tentative Tract Map
Exhibit B - Findings for Approval
Exhibit C - Conditions of Approval
Exhibit D - Precise Plan 27-90
• i
2
0000'75
HIBIT A
CI
OF ATASCADERO TENTATIVE MAP _
COMMUNITY DEVELOPMENT TTM 17-90
DEPARTMENT .
OWAM STMEUDIT I
Ittr Mlr lr 1.1...r.Y`NUq.at w.antirMV .
rYt Yl.t Mr.Ot 4OgW1.Me Wr4�tW �, '
N ri.tr rrY Yr t rt ti itl r M Of.n Apt
•tel �.
,
.rmw rr.wt.u,
rrrr
-►� GF:AI.111. Kcmx
���� � `\.\ \ •c. s r 1 r�-�- ire ..1. --�
ar MCI* \` •I...
twat. po `Y 11 rw• ��. •?
AI
mol
� � r• rf
ret wat e. ,y
1! ' 1
• � wc/wirr.NAI•
a Jr`
° """` TENTATIVE TRACT 2043
Rte.1AppRr 101 t8tlpwr hepatis h .1:I Aro 7 M R WI W
."^•i%r�- a{e / '•wrest lrri,tfl 0 usc-t r r g cern a 11.11,ua frac. -rl 1 o1 ota—k
I'm I,"em—MKO.nf4r:.!...YMR 1.NQ 13-e
C6�Na0��� •� ,,:v ! CUESTA ENG1N1,E111NG
ral+'.•0"•t+r/a'i c'•7'+•1•.vaGr nlrt•�.r ' on7 wNwo ow
'key �- �C_.• J A/A7CARrli "*Oft ewa
• 1
•
r
000076
EXHIBIT B - Findings for Approval
Tentative Tract Map 17-90
5392 Barrenda Ave. (Lopez/Cuesta Engineering)
November 20, 1990
ENVIRONMENTAL FINDING:
A Negative Declaration has been previously prepared (M4y 8, 1990)
and adopted (May 29, 1990) as a part of Precise Plan 21-90.
MAP FINDINGS:
1. The proposed map is consistent with the applicable
General or Specific Plan.
2. The design and/or improvements of the proposed subdivision
is consistent with the applicable General or Specific Plan.
3. The site is physically suitable for the proposed type of
development.
4. The site is physically suitable for the proposed density of
development.
5. The design of the subdivision, as conditioned, and the
proposed improvements, will not cause substantial '
environmental damage or substantially and avoidably injure
fish and wildlife or their habitat.
6. The design of the subdivision, and the type of the
improvements, will not conflict with easements acquired by
the public at large for access through or the use of
property within the proposed subdivision; or substantially
equivalent alternate easements are provided.
7. The design of the subdivision and/or the type of proposed
improvements will not cause serious health problems.
0000'7'7
i
EXHIBIT C - Conditions of Approval
Tentative Tract Map 17-90
5392 Barrenda Ave. (Lopez/Cuesta Engineering)
November 20, 1990
CONDITIONS OF APPROVAL:
1. All existing and proposed utility, pipeline, open space, or
other easements are to be shown on the final map. If there
are building or other restrictions related to the easements,
they shall be noted on the final map. All relocation and/or
alteration of existing utilities shall be the responsibility
of the developer at his sole expense.
2. Construction of the public- improvements as directed by
Precise Plan 27-90 shall be completed prior to recordation
of the final map. All public improvements shall be covered
by a 100 percent Performance Bond and a 100% Labor and
Material Bond until construction is deemed substantially
complete and by a 10 percent Maintenance Bond until one year
after substantial completion.
3. All conditions of Precise Plan 27-90 shall be completed
prior to final building inspection of any unit.
4. The applicant shall establish Covenants, Conditions, and •
Restrictions (CC&Rs) for the regulation of land use, control
of nuisances, and architectural control of the site and
buildings.
a. These CC&Rs shall be submitted for review and approval
by the City Attorney and the Community Development
Director prior to approval of the final map.
b. These CC&Rs shall be administered by a Condominium
Owners Association.
5. The open space/common lot shall be designated as a Public
Utilities Easement.
6. A final map drawn in substantial conformance with the
approved tentative map and 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 by a registered civil engineer or licensed
land surveyor as required by the Land Surveyors Act and
Subdivision Map Act. Monuments set within the road
right-of-way shall conform to City standard drawing M-1.
0000'78
•
b. Pursuant to Section 66497 of the Subdivision Map Act the
engineer or surveyor shall notify the City Engineer in
writing when the monuments have been set.
c. A recently updated preliminary title report shall be
submitted for review in conjunction with the processing
of the final map.
d. A preliminary subdivision guarantee shall be submitted
for review in conjunction with the processing of the
final map.
7. Approval of this tentative map shall expire two years from
the date of final approval unless an extension of time is
granted pursuant to a written request prior to the
expiration 'date.
j,
0000'79
i
. i
AOMINISTRATION BUILDING �.
$300 PALMA AVENUE taseadet®
ATASCAOCOERO.CALIFORNIA 93422 POLICE OEPARTMEP4T
PHONE. )505) 466.8000 INCORPORATED JULY 2. 1979 6300 PALMA AVENUE
ATASCAOERO.CALIFORNIA 93422
CITY COUNCIL PHONE. (803) 466-8600
CITY CLERK
CITY TREASURER
CITY MANAGER
fiRE OEPARTMENT
nNISTRATtVE SERVICES DEPARTMENT BOOS LEWIS AVENUE 1
MUNITY OEVELOPMENT DEPARTMENT .�
ATASCAOERO,CALIFORNIA 93422
PUBLIC WORKS DEPARTMENT PHONE. )803) 466.2141
RKS ANO RECREATION DEPARTMENT i
EXHIBIT D
TTM 17-90
May 8, 1990
Dan Lopez
741 Orchard
Nipomo, CA 93444
RE: PRECISE PLAN 27-90
5392 Barrenda Ave.
Deaf Mr. Lopez:
The City of Atascadero has received and reviewed your application
for a Precise Plan and Environmental Determination for the
construction of eight (8) two-bedroom multiple family units .
The proposed site is zoned RMFE /16 (Residential Multipla Family
Ef.gh Density) and the proposed use is allowed as defined as
multiple family dwellings (Sectica 9-3. 172 (f) . The surrounding
properties are zoned the same as the subject site, with the
exception of property to the west, which is zoned RSr-v
(Residential Single Family) . These surrounding properties ara
c,=rently developed with residential uses.
A review by the Community Development Director of the
environmental description form and application, along with other
background information, shows that the project will have no
detrimental effect upon the environment; therefore, a Negative
Declaration has been prepared. The Director has also found the
project, as conditioned, to be in compliance with the provisions
of the Zoning Ordinance.
The proposed Precise Plan is approved as shown on attached
Exhibit B (site plan) , Exhibit D (grading plan) and subject to 0,
the conditions of approval in exhibit G. Final approval becomes
effective on May 29, 1990, unless appealed. (NOTE: THIS DOES
NOT CONSTITUTE A GRADING OR BUILDIVG PERMIT. }
000080
• f .
In the event you intend to appeal any of the conditions, your
appeal should be in writing and should state the reasons for the
appeal. Any appeal would be scheduled for Planning Commission
consideration as a public hearing. You should, however, discuss
any objections to the conditions with planning staff as it may be
possible to alter conditions after such discussion.
If you should have any questions concerning this project, you are
welcome to contact the Community Development Department for
assistance.
Sincerely,
Doug Davidson
Senior Planner
DD/dd
cc: Richard Heim
Tom Allen
0
Attachments: Exhibit A - Location/Zoning Map
Exhibit B - Site Plan
Exhibit C - Landscape Plan
Exhibit D - Grading Plan
Exhibit E - Tree Removal/Replacement
Exhibit F - Findings for Approval
Exhibit G - Conditions of Approval
• - 000081
�• ,�R_♦ii�� �• �� ���, _..- ,_,,,;,ter'
Imo► I�� i`� ..� -
IN
�
AVA • .■N
" l
/1ha!
14111 ► �t�:l
• 111 /��-1��1'�'.•.,,,��i
' EXHI6IT B
ob.
. CITY O
ATASCADERO WS I TE= PLAN
PRECISE .PLAN 27-90
COMMUNITY DEVELOPMENT
DEPARTMENT
i
GENERAL NOTES
'•S aye
J••-'-3,r r.M •.�: a•.p w_.r L.+141,r s
w'wa•%\7Yi0 Y alAf Hl•f :.-rw_.t-t•...:Lr..JT:.._ I
O>•lfhv �� r.�• ` �
tT
1p
ti
� t
J J ,
— ---
SITE PLAN '
..•...........••. .......... .....
R r tMS11M A) Assoolates
ewew.trer•wr - n..n„wo rra.wr.,w• - ':.:�'3 a sv+:�ni.. wT'! %�
• ...ww•wue..-r.w.ww_rwwrro..ta.s.w •rnr �i�25�ri6� �QIG`�'
t
I
,
i
000083
i EXHIBIT C
�. � WNDSCAPE PLAN
1 CITY
OF ATASCADERO
PRECISE PLAN 27-90
1�>r-7 COMMUNITY DEVELOPMENT
DEPARTMENT �
w i i I - u •.11r
i t .
A —
_. _ Z. uw 1 I r —
1..
�` . lY ( :1- I.It11►.f��
LANDSCAPE PLAN /Q
seat r W-e
I LD.�10 SG.�.r c
R P• !lS1M. 4 Associates
i .*CwlittriM .'►l�wwlw0 - [we1N[w ti ••••`•1� ,� y..••1.q/�C W4r5 wa:
1•..r•wt•w•ai._rww..w_nwra.....tw•n1r. r�QC VA OAKS
•or.a .[rn.ara.+ -au m...n�.cv.as•ir.va:m�
,r
000084
EXHIBIT D
DING PLAN
CITY OF ATASCADERO pRECIaE PLAN 27-90
COMMUNITY DEVELOPMENT
DEPARTMENT
' �I
1 i
.1171 a / ,�/ to ttc51,Z :i� i
1,43
y
IN 8
71
.4
et;?3
±.i
-
1
'1 l � s�� ili91gi1ii11'Y X1.1)_ !• .i,tti.� ,.-
tt �` a{-1i.l,i't 1, 1 77i • • laf sj6 t•-
lSti s �pl•� sl3i-"'il'ili+ i �� ``dr!O3il•:•ii ''j ;1
„ �?� 1 ilii ' 1�:� i i�■ ';i�] � �'�1 i' j; '� :: ! i Ii!
Sia ) mi
b. li�l ii1t �; ' �'.• ; ':!;
••:.�•c�i j � ��7� � i � all�� � iii j j � '� � �' ..► : �tj � i
� 2M f 1 l• �,� . s � � f �.. i a a
r '�ln ii j
• _
000085
EXHIBIT E
&e Removal Rermi ` Opplication
Supplemental Information _
1 0711
�':'•y�C" =� (Please type or print In - ink)
Reason for Removal t Construction of housing units Driveways and parking, f i
i
and adjacent street widening -
Number
idening •Number of Trees to be Removed : a i
Specify Hie size (measured 4 ' above ground level ) , species (both j
common and botanical name) and condition of each tree to be
removed:
5/zE 40AMfON NSE NA-cr,__ 60Na/TMAJ.
1. 5" White Oak Quercus Lobata Fair
2. 6" Live Oak Quer o s Agri fo l i a Fa i r
3. 6" Live Oak Quercus Agri folia _ Fair -
14" Live Oak Ouercus Aarifolia Fair
5•
7.
b.
Specify the size and species of the trees proposed to replace
those intended for removal :
1 . 15 Gallon Quercus A rifolia
2. 15 Gallon Quercus Aerifolia
.3. 15' Gal l on i rrus Agri fol i;4
�� . 15 Gallon Quercus Aarifolia
ease pr-epard a "Plot Plan" showing all Improvements on your
3perty , trees to be removed , trees to remain, and the proposed !
cation of replacement trees as per the attached exampleo t
nerArborist
MAR 1910
Certificate Number _ R
to Date 000086 e
Fr�
A=Xhibit F - Findings for Approval
ecise Plan 27-90
5392 Barrenda Ave.
(Lopez/Allen/Heim)
I. The proposed project or use is consistent with the General
Plan.
2. The proposed project or use satisfies all applicable '
provisions of the Zoning Ordinance. '
3. The establishment, and subsequent operation or conduct of the
use will not, because of the circumstances and conditions
applied in the particular case, be detrimental to the health,
safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental
or injurious to property or improvements in the vicinity of
the use.
4. The proposed project or use will not be inconsistent with the
character of the immediate neighborhood or contrary to its
orderly development.
16 The proposed use or project will not generate a volume of
traffic beyond the safe capacity of all roads providing
access to the project, either existing or to be improved.
in conjunction with the project, or beyond the normal traffic
volume of the surrounding neighborhood that would result from
full development in accordance with the Land Use Element.
6. The proposed project is in compliance with the City' s'
Appearance Review Guidelines.
• 00008'7
i
i
EXHIBIT G - Conditions of Approval
Precise Plan 27-90
5392 Barrenda Ave. fi
(Lopez/Allen/Heim)
CONDITIONS OF APPROVAL
1. All construction shall be in conformance with Exhibit B
(Site Plan) , Exhibit D (Grading Plan) , Exhibit G (Conditions
of Approval) , and shall comply with all City Codes and '
Ordinances. Any modification to this approval requires
approval by the Community Development Department prior to
implementing any changes.
2. Plot plan shall show all proposed utility locations. All
relocation and/or alteration of existing utilities shall be
the responsibility of the developer.
3. Grading and drainage plans, prepared by a registered Civil
Engineer, shall be resubmitted to the Community Development
Department for review and approval by the Community
Development and Public Works Departments prior to the
issuance of any building permits. Drainage plans shall
address off-site drainage impacts. The proposed drainage
easement from the site to Traffic Way shall be recorded
prior to issuance of building permits.
4. Developer shall obtain an encroachment from the City of
Atascadero prior to construction of improvements in the
public right-of-way. Developer shall also sign an
inspection agreement guaranteeing that the work will be done
in conformance with approved plans and that inspection fees
shall be paid. All work required by the encroachment permit
shall be completed prior to final building inspection.
5. Road improvement plans prepared by a Registered Civil
Engineer for Barrenda Ave. shall be submitted to the
Community Development Department for review and approval by F
the Community Development and Public Works Departments,
prior to issuance of any building permit. Plans shall
include, but not be limited to:
Pavement width shall be 15 feet from centerline of right-of-
way to face of curb. Curb, gutter, and five (5) foot
sidewalk as approved by the Director of Public Works 'shall
be constructed along entire property frontage of Barrenda i
Ave. Sidewalk may be offset in order to avoid the heritage
size oak trees in the right-of-way. Easements are required
1
000088
i
for any portion of the sidewalk built outside the right of-
way. Construction_ of the public road improvements shall be
completed prior to the final inspection.
6. All public improvements shall be covered with a 100 percent
Performance Bond and a 100 percent Labor and Material Bond
until construction is approved. A 10 percent Maintenance
Bond or suitable guarantee approved by the Director of
Public Works is also required until one year after
construction approval.
7. . Adequate turning radius and turn-around area for Fire
Department vehicles shall be provided on the plansas
determined by the Fire Chief.
8. All mechanical equipment (roof or ground mounted) shell be
screened from public view.
9. Landscape plans shall be resubmitted to and approved; by the
Planning Division prior to issuance of building permits.
These plans shall incorporate the recommendations of the
certified arborist (Exhibit E) regarding tree protection,
removal, and replacement. A letter is required from' the
arborist stating that the tree protection is in place prior
to issuance of building permits.
10. Six (6) foot fencing is required where the site abuts
property zoned for single family residential use (west) and
where parking is directed toward adjacent property (south) .
11. Exterior lighting shall be shown on building plans and must
be directed away from adjacent property.
12. A lot merger is required to be recorded prior to issuance of
building permits.
13. This .Precise Plan shall expire one year from the date of
final approval (May 29, 1990) . A one year time extension
may be granted pursuant to a written request filed prior to
the expiration date as per Section (9-2. 118) of the Zoning
Ordinance. Any further one year time extensions may be
approved by the Planning Commission.
* 2
•
000089
ATTACHMENT D
CITY OF ATASCADERO ZCTENTATIVE
9� 001;TZC 096010; &
TTM #96010
COMMUNITY DEVELOPMENT
DEPARTMENT
9 —
F
I ---- I !
� x i=
iF
bib,
h �r
"µ17f
MA
is
� g
L0 J i
` mai I
Ali
000090
/ ATTACHMENT E
CITY OF ATASCADERO PRELIMINARY GRADING PLAN
.� ZC #97001; ZC 496010;- &
TTM 496010
COMMUNITY DEVELOPMENT
DEPARTMENT
In N r
S tyd• I I�I II II •• �` J141j� ass a I ••1i ? iiF
T i � t., II I II I III I• j OM Nr.r.1'�.1�`!G'J• �� p V
< a
IL
E yp gg s � gggp
r' Y�SF I @im�E[�i'it
�L-
00111
I
,
F-74
VL
I s
I
- \ '_ •. r. ( � OIL_I �,,:: \� p� i
• �. -� `. ---- ------
---- 000091
--
---
ATTACHMENT F
LANDSCAPE PLAN
CITY OF ATASCADERO
ZC 497001; 096010;
TTM J96010
DEVELOPMENT
DEPARTMENT
•- a .J2�,o�
���'+�a1►�AO�`w ref � � fr.
r
aq
'� •� 'e' 1, '-R' - _ '• 0„10 ~
000092
ATTACHMENT G
LDINGIONS
CITY OF ATASCADERO ZCj #97001; ZCA#96010;, &
TTM *96010
COMMUNITY DEVELOPMENT
DEPARTMENT
as e
ED-
lit
o
� � p • M
-------------------------
Ni
•
i
ILQI ( J
;�.
ED o j
_ I
000093
CITY OF ATASCADER
��t .,. O
COMMUNITY DEVELOPMENT
DEPARTMENT
(F
II !
E
J. I:JF-
z I
2
T 4Y
O
Lp
1
I
Q •' N
® J
d
i ' oV
FBI
BtuQ� Q
co w
U, P O
i Jcr
000094
ITY OF ATASCADERO
' .
sCAD� COMMUNITY DEVELOPMENT
DEPARTMENT
O x
,
_ . 1 Milli
o� x
h
c
Ill -AF
El LLJ
�Jl lei
s o
N
M
N
J
Ii
I
n
J
90095
. CITY OF ATA
SCADERO
`- �� . -' COMMUNITY DEVELOPMENT
DEPARTMENT
I►i I � II l
Lu
i.
S
. 3
• 1 ....
O W
U. i
• II
n (a
uj
o
1 .
W• Q
000496
•�� ATTACHMENT FI
CITY OF ATASCADERO FLOOR P01;
ZC #97001, ZC 496010; &
ry�y •�•• • �• • �
c Lla = . ���•� TTM #96010
COMMUNITY DEVELOPMENT
DEPARTMENT •
1 1 _
4._1
o
00009'7
. , CITY OF ATASCADERO
-
��. COMMUNITY DEVELOPMENT
DEPARTMENT
-ti
i
e �
d 1
y
cc
Q
1
Od o
i
a g — =e � L
M I o
g
W s
g e
112
I�
c�
N'
s
o
J
';doogS
CITY OF ATASCADERO
-� COMMUNITY DEVELOPMENT
DEPARTMENT
a
L /
O
S J
• N W
V
O
J
14 . '
Q
O
4 U
Lai
o�
+ p
000099
ATTACHMENT I
CITY OF ATASCADERO ZCT 97001;°ZCF 96,010; &
TTM 196010
,97.E -
'sCAB .1 COMMUNITY DEVELOPMENT
DEPARTMENT
W
T 12tY
m
1.
Z
x LL
!r'
S ¢ Y
N f
0
• a•
W
zEl B
LL
Q 4
• c
,
V V V lb V
ATTACHMENT J
IVE
, . � CITY OF ATASCADERO ZCGAT#97001; ZCARAT#960C10; &
TTM 496010
2COMMUNITY DEVELOPMENT
2f
DEPARTMENT
CITY OF ATASC. ERO
ENVMO1Y'Vi IENT_A,L COORDINATOR
NEGATIVE DECLARATION
0MMU11=DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO.CA 93422 (805) 461-5035
'PLICANT: IPavl NoR-ToM
804s tnmao BM6,0
PvZ1DrSC.pcO � Coq `x54-2Z.
:OJECT TITLE: Tmn\ -k°160%0 ; :&C-4 9,7001 zCA R(9610
LOJECT LOCATION: 5392 3 'N�� JE
LOJECT DESCRIPTION: #AMewD 'PID? IxT�DAV_t)S 9-0_0 n r Tb Toul%rDtPi G
`�6�+e..t�-• eE�t��R�'M�1S�S � £S't�Acat.�S1-� i"►�ST�'� t�c.�rN � De��1.S�i�►�
NDINGS:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals•
3. The project does not have impacts which are individually limited,but comulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
ETEPJMATION:
iced on the above flndir, and the information contained in the initial study(made apart hereof by refer-
=and on file in the Community Development Department).it has been determined that the above project
Ql not have an adverse impact on the environment.
tEVEN L. DECAMP.
ITY PLANNER -. Z
)atePosted: '.3•Z 5-�}7
late Adopted: ':
000101
ATTACHMENT K
DRAFT ORDINANCE 325
ZC #97001; ZC 496010; &
TTM #96010
ORDINANCE NO. 325
AN ORDINANCE OF THE COUNCIL OF THE CITY 'OF
ATASCADERO AMENDING SECTION 9-3.151 OF THE ZONING ORDINANCE
RELATIVE TO BUILDING SETBACK REQUIREMENTS
(ZC 97001: Norton/Staff)
WHEREAS, the proposed Zoning Ordinance amendment is consistent
with the General Plan in effect at the time of application
acceptance, as required by Section 65860 of the . California
Government Code; and
WHEREAS, the proposed amendment is in conformance with Section
65800 et seq. of the California Government Code concerning zoning
regulations; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on April 15, 1997, and has recommended approval of Zone
Change 97001.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposal is consistent with the General Plan
in effect at the time of application acceptance.
2. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
3. The proposal is warranted to promote: orderly and
harmonious development.
4. The proposal will enhance the opportunity to best utilize
special characteristics of an individual site and will
have a beneficial effect on the communityas a whole.
5. Benefits derived from the proposal cannot'', be reasonably
achieved through existing development standards or
processing requirements.
000102
Ordinance No. 325
Page 2
Section 2. Zoning Ordinance.
Section 9-3.651 of the Zoning Ordinance of the City of
Atascadero is hereby amended as shown in the attached Exhibit A
which is hereby made a part of this ordinance by reference.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen ( 15) days after its passage in the Atascadero News,
a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4. Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12:01 a.m. on the 31st day after its passage.
On motion by the foand seconded by
the following roll call vote: regoing Ordinance is approved by
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
RAY JOHNSON, Mayor
ATTEST:
MARCIA M. TORGERSON, Y Cit Clerk
000103
Ordinance No. 325
Page 3
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
PREPARED BY:
STEVEN L. DECAMP, City Planner
'L
000104
EXHIBIT A
Ordinance 325
9-3.651. Establishment of Planned Development Overlay Zone No. 7
PD7 . A Planned Development Overlay Zone No. 7 may be established
in multiple family residential zones. The following development
standards shall be applied to all projects within Planned
Development Zone No. 7:
(a) A Master Plan of Development of the site shall be
approved. All construction and development shall be done
in conformance with the approved master plan.
(b) No subsequent Tentative Parcel or Tract Map shall be
approved unless found to be consistent with the approved
Master Plan of Development.
(c) A proposed planned development project shall consist of
no fewer than four (4) residential units.
(d) The parent lot or lots shall have frontage on a public
street.
(e) Each dwelling unit shall be subject to review under the
City' s Appearance Review Guidelines.
(f) Building setbacks shall be as follows:
Front yard at residence - 15 feet
FrentyaEd at garage - 20 feet
Side yards (combined) - 10 feet
Side yard (corner lot) - 12 feet
Rear yard (single-story) - 10 feet
Rear yard (two-story) - 15 feet
Garages shall be recessed from the front of the
residence by at least five (5) feet.
(1) Physically unique sites: Sites with one or more
mature trees, steep slopes, riparian areas and/or
some other unique physical characteristic are not
subject to the above setback requirements provided
the following Findings are made: (1) that
flexibility from the above setback standards is
necessary to enable the environmentally superior
design alternative; (2) that at least fifty percent
(500) of each individual lot will be landscaped;
and (3) that at least sixty percent (60%) of the
net area of the overall site will be landscaped.
(g) Building coverage (residence plus garage footprint) shall
not exceed 35% of the individual lot area. Landscaping
shall constitute a minimum of 40% of the lot area. The
measurement of landscaped areas shall be exclusive of
driveways, patios, decks, etc.
000105
(h) Two story residences shall have a second floor that is
limited to 75% of the gross area of the first floor
inclusive of the garage.
(i) All mechanical equipment, including HVAC units and
utility meters, shall be screened from view from adjacent
streets and properties.
(j ) Exterior fencing shall be consistent throughout the
project. Design and appearance of fences and/or walls
shall be compatible with the design of the dwelling
units.
(k) Accessory buildings (sheds, etc) will be allowed;
however, the footprint of such accessory buildings will
count toward the maximum percent of allowable building
coverage.
(1) Each proposed lot shall have a minimum frontage of forty-
five (45) feet, except that lots at the end of a cul-de-
sac may be forty (40) feet.
(m) Parking for two resident vehicles shall be provided in a
garage with minimum interior dimensions of 20 ' X 20 ' . One
guest parking space of at least 9 ' X 18 ' shall be
provided on each individual lot. The driveway area may
be used to satisfy the guest parking requirement. on-
street parking shall not be used to satisfy the parking
requirements.
(n) Private open space shall be provided for each residential
unit at a ratio of 300 square feet for the first two (2)
bedrooms. Each bedroom in excess of two (2,) shall cause
the private open space to be increased by 50 square feet.
The required front yard setback area shall not be used to
satisfy the open space requirement; however, side and
rear setback areas may be utilized. The minimum width of
the private open space area shall not be less than ten
( 10) feet.
(o) Individual trash collection shall be used for each
residential unit. Provisions shall be made for storage
of trash cans within the garage or fenced area.
(p) All utilities, including electric, telephone and cable,
along the frontage of and within the PD shall be
installed underground.
(q) Alterations or additions to established dwelling units
shall be subject to the density standards of the
underlying zone and shall be reviewed pursuant to the
• City' s Appearance Review Guidelines.
000106
(r) All dwelling units shall be equipped with water
conservation devices to include low-flow shower heads and
toilets, and drip irrigation systems.
000107
ATTACHMENT L
DRAFT ORDINANCE 326
ZC #..97001; ZC #96010; &
TTM °#96010
ORDINANCE NO. 326
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 6 OF THE OFFICIAL ZONING MAPS
BY REZONING CERTAIN REAL PROPERTIES AT 5392 BARRENDA AVENUE
FROM RMF/16 TO RMF/16 (PD7)
(ZC 96010: Norton)
WHEREAS, the proposed zoning map amendment is consistent with
the General Plan in effect at the time of application acceptance,
as required by Section 65860 of the California Government Code; and
WHEREAS, the proposed amendment is in conformance with Section
65800 et seq. of the California Government Code concerning zoning
regulations; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on April 15, 1997, 1997, and has recommended approval of
Zone Change 96010.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposal is compatible with surrounding ,,land uses and
the zoning in effect at the time of application
acceptance.
2. The proposal is consistent with the General Plan
in effect at the time of application acceptance.
3. The proposal will not result in any significant adverse
environmental impacts. The NegativeDeclaration
prepared for the project is adequate.
4. Modification of development standards or processing
requirements is warranted to promote orderly and
harmonious development.
5. Modification of development standards or processing
requirements will enhance the opportunity to best utilize
special characteristics of an area and will have a
beneficial effect on the area.
000108
Ordinance No. 326
Page 2
6. Benefits derived from the overlay zone cannot be
reasonably achieved through existing development
standards or processing requirements.
7. The proposed plans offer certain redeeming features to
compensate for requested modifications.
Section 2. Zoning Map.
Map number 6 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department is
hereby amended to reclassify the parcels listed below, and shown on
the attached Exhibit A which is hereby made a part of this
ordinance by reference:
Lots 6 & 7, Block D-A, Atascadero Colony
Assessor' s Parcel No. 029-062-010
Development of said property shall be in accordance with the
approved Master Plan of Development shown on the attached Exhibit
B the Conditions of Approval shown on the attached Exhibit C.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen ( 15) days after its passage in the Atascadero News,
a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4. Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12: 01 a.m. on the 31st day after its passage.
On motion by and seconded by
, the foregoing Ordinance is approved by
the following roll call vote:
• 000109
r
Ordinance No. 326
Page 3
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
RAY JOHNSON, Mayor
ATTEST:
MARCIA M. TORGERSON, City Clerk
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
PREPARED BY:
STEVEN L. DECAMP, Acting Director
Community Development Department
000110
�� �.
:� ���� ��
�x
��i
. �� �
� ..
eim�'
ORDINANCE NO. 3 2 Ca EXHIBIT B
Page-�L of
pp I I :1 I F I n F
III 'I
s l i III I i I' I I � 7,i• J I I I{�ON N�����:t�i[[y•i Njs S
fill fig
it a
1
11 1 1 `�1•
11 � \ ••,`1 1 I 1
II
i i ii �` _ lid t 1• i '. i I
L t �
S 1
j--- i
------------
\%
----
"--' ```-'-----------
000112
EXHIBIT C
Ordinance 326
CONDITIONS OF APPROVAL:
1. This approval is based on plans contained in Attachments D
through I. All development shall be in substantial
conformance with those Attachments (the Master Plan of
Development) , this Attachment (Conditions of Approval) and
all applicable codes, ordinances and standards of the City
of Atascadero. Any modifications of the project shall
require review and approval by the Community Development
Department.
2. Landscape plans provided during building permit review shall
include the planting of at least one ( 1) native tree on each
lot. Additional tree replacement requirements (for trees
removed) shall be satisfied by either on-site plantings or
in lieu contributions into the City' s Tree Replacement Fund
prior to final building inspections.
3. Grading plans provided during building permit review shall
include a tree protection plan prepared by a certified
arborist or resource professional with similar education and t
experience. Any pruning of existing native trees shall be
included as part of the tree protection plan, and the
project arborist shall perform or supervise that pruning.
4. Prior to the issuance of building/grading permits, the
project arborist shall verify that tree protection has been
installed on-site in accordance with the tree protection
plan. Prior to any final inspections, the project arborist
shall verify that all pruning of native trees was indeed
done under his/her supervision.
5. All units shall be set back from the private road easement
by at least fifteen ( 15) feet. (NOTE: This will require
that the residences on Lots 1 & 5 be shifted slightly to the
southeast and southwest, respectively) .
Fire Department Conditions
6. A new fire hydrant shall be installed at the entrance to the
project, and the existing fire hydrant located at 5370
Barrenda Avenue shall be upgraded to current standards.
Both of these hydrants shall be shown on plans provided
during building permit review and the work shall be verified
prior to final inspections.
(Page 1 of 5)
000113
Engineering Department Conditions
7. AllP
ublic improvements shall be constructed in conformance
P
with the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City
Engineer.
8. The applicant shall enter into a Plan Check/Inspection
agreement with the City. Prior to recordation of the final
map, all outstanding plan check/inspection fees '; shall be
paid.
9. An encroachment permit shall be obtained from the City
Engineering Department prior to the issuance ofbuilding
permits.
10. A Preliminary Soils Report shall be prepared for the
property to determine the presence of expansive soil or
other soil problems and shall make recommendations regarding
grading of the proposed site. A final soils report shall be
submitted by the soils engineer prior to the final
inspection and shall certify that all grading was inspected
and approved and that all work done is in accordance with
the plans and the preliminary report.
0 The final map shall state that a soils report has been
prepared for the project. The statement shall provide the
date the report was prepared along with the name and address
of the soils engineer or geologist who prepared ,the report.
11. All public improvements or improvements in the public right-
of-way shall be secured with a 100% Performance Guarantee
and a 50% Labor and Materials Guarantee until the
improvements are deemed substantially complete by the City
Engineer. Prior to the final inspection of the
improvements, and before the other guarantees mentioned in
this condition are released, a 10% Maintenance Guarantee
shall be posted to cover the improvements for a 'period of 1
year from the date of the final inspection. The guarantee
amounts shall be based on an engineer's estimate submitted
by the project engineer and approved by the City Engineer.
The estimate shall be based on City standard unit prices.
The Guarantees posted for this project shall be approved by
the City Attorney.
12. A six (6 ) foot Public Utility Easement (PUE) shall be
provided contiguous to all street frontages.
13. The applicant shall be responsible for the relocation and/or
alteration of existing utilities.
(Page 2 of 5)
000114
14. The applicant shall install all new utilities (water, gas,
electric, cable TV and telephone) underground. Utilities
shall be extended to the property line frontage of each lot
or its public utility easement.
15. The applicant shall overlay any utility trenching in
existing streets to restore a smooth riding surface as
required by the City Engineer.
16. The applicant shall construct all drainage facilities to
City of Atascadero Standards. Each improvement shall be
designed so as to not increase the rate of flow of water
onto adjacent properties. The applicant shall demonstrate
that the proposed drainage facilities provide safe
conveyance for the overflow conditions which may _occur
during the 100-year design event.
17. Drainage shall cross lot lines only where a drainage
easement has been provided. Drainage from off-site areas
shall be conveyed across the project site in drainage
easements.
18. The applicant shall limit storm water discharge from the
developed site to the design capacity of the downstream
drainage improvements. The applicant shall demonstrate that
the design capacity of the downstream drainage improvements,
or natural water courses, can adequately convey the total
flow of storm water from the fully developed watershed plus
the developed project site without adversely affecting other
properties. Or the applicant shall detain storm water on
the site in conformance with City Standards.
19. The applicant shall submit a grading and drainage plan,
prepared by a registered civil engineer, for review and
approval by the City Engineer prior to the recordation of
the final map.
20. A sedimentation/erosion control plan addressing interim
erosion control measures to be used during construction
shall be submitted for review and approval by the City
Engineer if development is to occur between October 15 and
April 15. The sedimentation/erosion control plan shall be
prepared by a registered civil engineer.
21. The applicant shall submit road improvement plans prepared
by a registered civil engineer for review and approval by
the City Engineer prior to recordation of the parcel map.
Road improvements plans shall conform to the requirements of
the City Standard Specifications, Section 2 - Preparation of
Plans. R-value testing shall be done, and the pavement
section designed by a registered civil engineer to the
satisfaction of the City Engineer. Road improvements shall 0
include, but not be limited to the following:
(Page 3 of 5)
• 000115
A. Barrenda Avenue shall be improved from centerline to
the property frontage in conformance with City Standard
405 (Local) contiguous to the entire property frontage
with the exception that the pavement width from center-
line to the face-of-curb shall be 15 feet to match the
existing improvements east of the project site, or as
approved by the City Engineer. The improvements may
require the overlaying of the existing pavement to
remedy an inadequate structural section or to remedy a
deteriorated paving surface. Transitions shall be
constructed where required to achieve a smooth join
with existing improvements.
B. Slope easements shall be provided on each side of the
right-of-way as needed to accommodate cut for fill
slopes.
C. The on-site street shall be fully improved in
conformance with City Standard Drawing No. 429 "Fire
Access Standards (Private Roads) " . The on-site street
shall be paved and shall provide a minimum width of 20
feet from face-of-curb to face-of-curb, unless
otherwise approved by the City Fire Marshall. Parking
shall be prohibited along the on-site street.
22. The applicant shall monument all property corners for
construction control and shall promptly replace them if
disturbed. The applicant shall install all final property
corners and street monuments, or bond for them,'; prior to
acceptance of the improvements.
23. The applicant shall acquire title or interest in any off-
site land that may be required to allow for the construction
of the improvements. The applicant shall bear all costs
associated with the necessary acquisitions. The applicant
shall also gain concurrence from all adjacent property
owners whose ingress or egress is affected by these
improvements.
24. The applicant shall pay all sewer annexation fess prior to
the recordation of the final map.
25. The applicant shall submit a written statement from a
registered civil engineer that all public improvements have
been completed and are in substantial conformance with the
approved plans prior to the recordation of the final map.
26. The applicant shall submit written certification that all
survey monuments have been set as shown on the final map
prior to the final inspection.
•
(Page 4 of 5)
000116
27. The applicant shall submit a maintenance agreement for the
private drainage system (and the private on-site road) for
review and approval by the City Engineer and the City
Attorney. The approved maintenance agreement shall be
recorded prior to recordation of the final map.
28. Approval of this tentative tract map shall expire two (2)
years from the date of final approval unless an extension of
time is granted pursuant to a written request received prior
to the expiration date.
C:\data\wp\map\ttm96010.con (Page 5 of 5)
•
• 00011'7
ATTACHMENT M - Findings for Approval
Tentative Tract Map #96010
5392 Barrenda Avenue (Norton/Cannon Associates)
April 15, 1997
FINDINGS FOR APPROVAL:
1. The proposed subdivision is consistent with the General Plan
and applicable Specific Plans.
2. The density, design and improvement of the proposed
subdivision is consistent with the General Plan, Subdivision
Ordinance and Zoning Ordinance.
3. The proposed private road has been determined safe, adequate
and acceptable to serve the proposed subdivision even though
it will serve more than four (4) lots. In thio particular
case, the construction of a City-Standard street in strict
accordance with Engineering Standard Specifications and
Drawings would not be practical nor necessary. '
4 . The site is physically suitable for the type of development
proposed.
5. The site is physically suitable for the density of the
development proposed.
6. The design of the subdivision, and/or the proposed
improvements, will not cause substantial environmental
damage or substantially and avoidably injure fish and
wildlife or their habitat.
7. The design of the subdivision, and the type of the
improvements, will not conflict with easements acquired by
the public at large for access through or the . use of
property within the proposed subdivision; or substantially
equivalent alternate easements are provided.
8. The proposed subdivision design, and/or the type of
improvements proposed, will not cause serious public health
problems.
c:\data\wp\map\ttm96010.fin
000118
ATTACHMENT N - Conditions of Approval
Zone Change #96010 & Tentative Tract Map #96010 .
5392 Barrenda Avenue (Norton/Cannon Associates)
April 15, 1997
CONDITIONS OF APPROVAL:
1. This approval is based on plans contained . in Attachments D
through I. All development shall be in substantial
conformance with those Attachments (the .Master Plan of
Development) , this Attachment (Conditions of Approval) and
all applicable codes, ordinances and standards of the City
of Atascadero. Any modifications of the project shall
require review and approval by the Community Development
Department.
2. Landscape plans provided during building permit review shall
include the planting of at least one ( 1) na-Live tree on each
lot. Additional tree replacement requirements (for trees
removed) shall be satisfied by either on-site plantings or
in lieu contributions into the City' s Tree Replacement Fund
prior to final building inspections.
3. Grading plans provided during building permit review shall
include a tree protection plan prepared by a certified
arborist or resource professional with similar education and M
experience. Any pruning of existing native trees shall be
included as part of the tree protection plan, and the
project arborist shall perform or supervise that pruning.
4. Prior to the issuance of building/grading permits, the
project arborist shall verify that tree protection has been
installed on-site in accordance with the tree protection
plan. Prior to any final inspections, the project arborist
shall verify that all pruning of native trees was indeed
done under his/her supervision.
5. All units shall be set back from the private road easement
by at least fifteen ( 15) feet. (NOTE: This will require
that the residences on Lots 1 & 5 be shifted slightly to the
southeast and southwest, respectively) .
Fire Department Conditions
6. A new fire hydrant shall be installed at the entrance to the
project, and the existing fire hydrant located at 5370
Barrenda Avenue shall be upgraded to current standards.
Both of these hydrants shall be shown on plans provided
during building permit review and the work shall be verified
prior to final inspections.
(Page 1 of 5)
000119
Engineering Department Conditions
7. Allublic improvements p p vements shall be constructed in; conformance
with the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City
Engineer.
8. The applicant shall enter into a Plan Check/Inspection
agreement with the City. Prior to recordation of the final
map, all outstanding plan check/inspection fees', shall be
paid.
9. An encroachment permit shall be obtained from the City
Engineering Department prior to the issuance of building
permits.
10. A Preliminary Soils Report shall be prepared for the
property to determine the presence of expansive soil or
other soil problems and shall make recommendations regarding
grading of the proposed site. A final soils report shall be
submitted by the soils engineer prior to the final
inspection and shall certify that all grading was inspected
and approved and that all work done is in accordance with
the plans and the preliminary report.
The final map shall state that a soils report has been
prepared for the project. The statement shall provide the
date the report was prepared along with the name and address
of the soils engineer or geologist who prepared the report.
11. All public improvements or improvements in the public right-
of-way shall be secured with a 100% PerformanceGuarantee
and a 50% Labor and Materials Guarantee until the
improvements are deemed substantially complete by the City
Engineer. Prior to the final inspection of the
improvements, and before the other guarantees mentioned in
this condition are released, a 10% Maintenance Guarantee
shall be posted to cover the improvements for a' period of 1
year from the date of the final inspection. The guarantee
amounts shall be based on an engineer' s estimate submitted
by the project engineer and approved by the City Engineer.
The estimate shall be based on City standard unit prices.
The Guarantees posted for this project shall be', approved by
the City Attorney.
12. A six (6) foot Public Utility Easement (PUE) shall be
provided contiguous to all street frontages.
13. The applicant shall be responsible for the relocation and/or
alteration of existing utilities.
(Page 2 of 5)
000120
14. The applicant shall install all new utilities (water, gas,
electric, cable TV and telephone) underground. Utilities
shall be extended to the property line frontage of each lot
or its public utility easement.
15. The applicant shall overlay any utility trenching in
existing streets to restore a smooth riding surface as
required by the City Engineer.
16. The applicant shall construct all drainage facilities to
City of Atascadero Standards. Each improvement shall be
designed so as to not increase the rate of flow of water
onto adjacent properties. The applicant shall demonstrate
that the proposed drainage facilities provide safe
conveyance for the overflow conditions which may occur
during the 100-year design event.
17. Drainage shall cross lot lines only where a drainage
easement has been provided. Drainage from off-site areas
shall be conveyed across the project site in drainage
easements.
18. The applicant shall limit storm water discharge from the
developed site to the design capacity of the downstream
drainage improvements. The applicant shall demonstrate that
the design capacity of the downstream drainage improvements,
or natural water courses, can adequately convey the total
flow of storm water from the fully developed watershed plus
the developed project site without adversely affecting other
properties. Or the applicant shall detain storm water on
the site in conformance with City Standards.
19. The applicant shall submit a grading and drainage plan,
prepared by a registered civil engineer, for review and
approval by the City Engineer prior to the recordation of
the final map.
20. A sedimentation/erosion control plan addressing interim
erosion control measures to be used during construction
shall be submitted for review and approval by the City
Engineer if development is to occur between October 15 and
April 15. The sedimentation/erosion control plan shall be
prepared by a registered civil engineer.
21. The applicant shall submit road improvement plans prepared
by a registered civil engineer for review and approval by
the City Engineer prior to recordation of the parcel map.
Road improvements plans shall conform to the requirements of
the City Standard Specifications, Section 2 - Preparation of
Plans. R-value testing shall be done, and the pavement
section designed by a registered civil engineer to the
satisfaction of the City Engineer. Road improvements shall
include, but not be limited to the following:
(Page 3 of 5)
000121
A. Barrenda Avenue shall be improved from centerline to
the property frontage in conformance with City Standard
405 (Local) contiguous to the entire property frontage
with the exception that the pavement width'; from center-
line to the face-of-curb shall be 15 feet to match the
existing improvements east of the project site, or as '
approved by the City Engineer. The improvements may
require the overlaying of the existing pavement to
remedy an inadequate structural section or to remedy a
deteriorated paving surface. Transitions shall be
constructed where required to achieve a smooth join
with existing improvements.
B. Slope easements shall be provided on each side of the
right-of-way as needed to accommodate cut or fill
slopes.
C. The on-site street shall be fully improved in
conformance with City Standard Drawing No. 429 "Fire
Access Standards (Private Roads) " . The on-site street
shall be paved and shall provide a minimum',,, width of 20
feet from face-of-curb to face-of-curb, unless
otherwise approved by the City Fire Marshall. Parking
shall be prohibited along the .on-site street.
22. The applicant shall monument all property corners for
construction control and shall promptly replace them if
disturbed. The applicant shall install all final property
corners and street monuments, or bond for them, ', prior 'to
acceptance of the improvements.
23. The applicant shall acquire title or interest in any off-
site land that may be required to allow for the construction
of the improvements. The applicant shall bear all costs
associated with the necessary acquisitions. The applicant
shall also gain concurrence from all adjacent property
owners whose ingress or egress is affected by these
improvements.
24. The applicant shall pay all sewer annexation fees prior to
the recordation of the final map.
25. The applicant shall submit a written statement from a
registered civil engineer that all public improvements have
been completed and are in substantial conformance with the
approved plans prior to the recordation of the final map.
26. The applicant shall submit written certification that all
survey monuments have been set as shown on the final map
prior to the final inspection.
(Page 4 of 5)
000122
27. The applicant shall submit a maintenance agreement for the •
private drainage system (and the private on-site road) for
review and approval by the City Engineer and the City
Attorney. The approved maintenance agreement shall be
recorded prior to recordation of the final map.
28. Approval of this tentative tract map shall expire two (2)
years from the date of final approval unless an extension of
time is granted pursuant to a written request received prior
to the expiration date.
C:\data\wp\map\ttm96010.con (Paye 5 of 5)
000123
ATTACHMENT N - Conditions of Approval
Zone Change #96010 & Tentative Tract Map #96010
5392 Barrenda Avenue (Norton/Cannon Associates)
As Revised During Planning Commission Hearing of April 15, 1997
CONDITIONS OF APPROVAL:
1 . This approval is based on plans contained in Attachments D
through I . All development shall be in substantial
conformance with those Attachments (the Master elan of
Development) , this Attachment (Conditions of Approval) and
all applicable codes, ordinances and standards of the City
of Atascadero. Any modifications of the project shall
require review and approval by the Community Development
Department.
2 . Landscape plans provided during building permit review shall
include the planting of at least one (1) native tree on each
lot. Additional tree replacement requirements (for trees
removed) shall be satisfied by either on-site plantings or
in lieu contributions into the City' s Tree Replacement Fund
prior to final building inspections .
3. Grading plans provided during building permit review shall
include a tree protection plan prepared by a certified
arborist or resource professional with similar education and
experience. Any pruning of existing native trees shall be
included as part of the tree protection plan, and the
project arborist shall perform or supervise that pruning.
4 . Prior to the issuance of building/grading permits, the
project arborist shall verify that tree protection has been
installed on-site in accordance with the tree protection
plan. Prior to any final inspections, the project arborist
shall verify that all pruning of native trees was indeed
done under his/her supervision. In addition, the project
arborist shall supervise trenching for the installation of
the drainage pipe across the adjoining property to the east
and, prior to the final inspection, shall verify that no
roots over two (2) inches in diameter were severed.
5. All units shall be set back from the private road easement
by at least fifteen (15) feet, with the exception of Lot 5
which shall remain at 13.8 feet from the easement.
(NOTE: This will require that the residences onLots 1 & 5
be shifted slightly to the southeast and southwest,
respectively) .
000124
Fire Department Conditions
6. A new fire hydrant shall be installed at the entrance to the
project, and the existing fire hydrant located at 5370
Barrenda Avenue shall be upgraded to current standards.
Both of these hydrants shall be shown on plans provided
during building permit review and the work shall be verified
prior to final inspections.
Engineering Department Conditions
7 . All public improvements shall be constructed in conformance
with the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City
Engineer.
8 . The applicant shall enter into a Plan Check/Inspection
agreement with the City. Prior to recordation of the final
map, all outstanding plan check/inspection fees shall be
paid.
9. An encroachment permit shall be obtained from the City
Engineering Department prior to the issuance of building
permits.
10. A Preliminary Soils Report shall be prepared for the
property to determine the presence of expansive soil or
other soil problems and shall make recommendations regarding
grading of the proposed site. A final soils report shall be
submitted by the soils engineer prior to the final
inspection and shall certify that all grading was inspected
and approved and that all work done is in accordance with
the plans and the preliminary report.
The final map shall state that a soils report has been
prepared for the project. The statement shall provide the
date the report was prepared along with the name and address
of the soils engineer or geologist who prepared the report.
11 . All public improvements or improvements in the public right-
of-way shall be secured with a 100% Performance Guarantee
and a 50% Labor and Materials Guarantee until the
improvements are deemed substantially complete by the City
Engineer. Prior to the final inspection of the
improvements, and before the other guarantees mentioned in
this condition are released, a 10% Maintenance Guarantee
shall be posted to cover the improvements for a period of 1
year from the date of the final inspection.
4 000125
The guarantee amounts shall be based on an engineer' s
estimate submitted by the project engineer and approved by
the City Engineer. The estimate shall be based on City
standard unit prices. The Guarantees posted for this
project shall be approved by the City Attorney.''
12 . A six (6) foot Public Utility Easement (PUE) shall be
provided contiguous to all street frontages.
13. The applicant shall be responsible for the relocation and/or
alteration of existing utilities .
14 . The applicant shall install all new utilities (water, gas,
electric, cable TV and telephone) underground. Utilities
shall be extended to the property line frontage, of each lot
or its public utility easement.
15. The applicant shall overlay any utility trenching in
existing streets to restore a smooth riding surface as
required by the City Engineer.
16. The applicant shall construct all drainage facilities to
City of Atascadero Standards. Each improvement shall be
designed so as to not increase the rate of flow of water
onto adjacent properties . The applicant shall demonstrate
that the proposed drainage facilities provide safe
conveyance for the overflow conditions which may occur
during the 100-year design event.
17 . Drainage shall cross lot lines only where a drainage
easement has been provided. Drainage from off-site areas
shall be conveyed across the project site in drainage
easements .
18 . The applicant shall limit storm water discharge', from the
developed site to the design capacity of the downstream
drainage improvements. The applicant shall demonstrate that
the design capacity of the downstream drainage improvements,
or natural water courses, can adequately convey the total
flow of storm water from the fully developed watershed plus
the developed project site without adversely affecting other
properties. Or the applicant shall detain storm water on
the site in conformance with City Standards .
19. The applicant shall submit a grading and drainage plan,
prepared by a registered civil engineer, for review and
approval by the City Engineer prior to the recordation of
the final map.
000126
20. A sedimentation/erosion control plan addressing interim
erosion control measures to be used during construction
shall be submitted for review and approval by the City
Engineer if development is to occur between October 15 and
April 15. The sedimentation/erosion control plan shall be
prepared by a registered civil engineer.
21 . The applicant shall submit road improvement plans prepared
by a registered civil engineer for review and approval by
the City Engineer prior to recordation of the parcel map.
Road improvements plans shall conform to the requirements of
the City Standard Specifications, Section 2 - Preparation of
Plans . R-value testing shall be done, and the pavement
section designed by a registered civil engineer to the
satisfaction of the City Engineer. Road improvements shall
include, but not be limited to the following:
A. Barrenda Avenue shall be improved from centerline to
the property frontage in conformance with City Standard
405 (Local) contiguous to the entire property frontage
with the exception that the pavement width from center-
line to the face-of-curb shall be 15 feet to match the
existing improvements east of the project site, or as
approved by the City Engineer. The improvements may
require the overlaying of the existing pavement to
remedy an inadequate structural section or to remedy a
deteriorated paving surface. Transitions shall be
constructed where required to achieve a smooth join
with existing improvements . Sidewalk shall be
constructed along Barrenda Avenue, but only to the
extent shown on the preliminary grading plan
(Attachment E) .
B. Slope easements shall be provided on each side of the
right-of-way as needed to accommodate cut or fill
slopes .
C. The on-site street shall be fully improved in
conformance with City Standard Drawing No. 429 "Fire
Access Standards (Private Roads) " . The on-site street
shall be paved and shall provide a minimum width of 20
feet from face-of-curb to face-of-curb, unless
otherwise approved by the City Fire Marshall. Parking
shall be prohibited along the on-site street.
22 . The applicant shall monument all property corners for
construction control and shall promptly replace them if
disturbed. The applicant shall install all final property •
corners and street monuments, or bond for them, prior to
acceptance of the improvements.
00012'7
23 . The applicant shall acquire title or interest in any off-
site land that may be required to allow for the construction
of the improvements. The applicant shall bear all costs
associated with the necessary acquisitions. The applicant
shall also gain concurrence from all adjacent property
owners whose ingress or egress is affected by these
improvements.
24 . The applicant shall pay all sewer annexation fees prior to
the recordation of the final map.
25. The applicant shall submit a written statement from a
registered civil engineer that all public improvements have
been completed and are in substantial conformance with the
approved plans prior to the recordation of the final map.
26. The applicant shall submit written certification that all
survey monuments have been set as shown on the ',final map
prior to the final inspection.
27 . The applicant shall submit a maintenance agreement for the
private drainage system (and the private on-site road) for
review and approval by the City Engineer and the City
Attorney. The approved maintenance agreement shall be
recorded prior to recordation of the final map.';
28 . Approval of this tentative tract map shall expire two (2)
years from the date of final approval unless an extension of
time is granted pursuant to a written request received prior
to the expiration date.
29. Exterior colors shall be specified on plans submitted for a
building permit and shall be approved by staff prior to the
issuance of building permits.
30. Retaining walls constructed as part of foundation systems
shall not exceed three (3) feet in height nor preclude the
placement of windows in affected walls.
31 . Retaining walls on Lot 5 shall be moved to the property
line.
C: \data\wp\map\ttm96010.co2
000128
MINUTES EXCERPTS
Planning Commission Meeting - April 15, 1997
Page Five of 12
B. • 2. TENTATIVE TRACT MAP 96010/ZONE CHANGE 96010/ZONE CHANGE
97001:
Consideration of a zone change application to modify the
text of the Zoning Ordinance with respect to building
setback requirements in the PD7 Overlay Zone and a pro-
posal to establish a Master Plan of Development for a
particular site and subdivide that 0.68-acre site into
six (6) lots for residential development consistent with
the Master Plan. Subject site is located at 5392
Barrenda Avenue (Paul Norton/Cannon Associates) .
STAFF RECOMMENDATION: (Gary Kaiser)
The Planning Commission should make the following recommendations
to the City Council:
1. That Findings be made that the project would not have a sig-
nificant adverse effect on the environment and that the
Negative Declaration prepared for the project is adequate;
2 . That Zone Change #97001 (text amendment) be approved based on
the Findings and land use provisions contained in Draft Ordin-
ance No. 325 (Attachment K) ;
3. That Zone Change #96010 (map amendment) be approved based on
the Findings and land use provisions contained in Draft Ordin-
ance No. 326 (Attachment L) ; and
4 . That Tentative Tract Map #96010 be approved based on the Find-
ings contained in Attachment M and subject to the Conditions
of Approval contained in Attachment N.
Gary Kaiser provided the staff report and responded to questions
from the Commission. He stated that staff would recommend amending
Development Standard (f) of Ordinance No. 325; amending Condition
No. 21.A. of the Conditions of Approval, and adding a Condition No.
29 .
Commissioner Zimmerman - expressed concern over guest parking.
Gary explained that each unit would have room for two cars in their
driveway.
TESTIMONY•
John Falkenstien, project Engineer - stated that he agreed with
staff' s recommendation to revise Condition No. 21 .A. , which will
save some trees . He offered to answer any questions .
000129
Planning Commission Meeting - April 15, 1997
Page Six of 12
Brian Conroy, project Architect - explained the set backs with
regards to Lots 1 and 5 and offered to answer any questions.
Chairman Hageman had questions regarding the height and location of
the retaining walls and the setback requirements of Lot 5. She
asked John Falkenstien, Cannon Associates, if it was possible to
limit the height of the retaining walls and to move ' the retaining
wall on Lot 5 to the property line. John stated that it would be
possible to make those changes.
Joan O'Keefe, Old Morro Road East encouraged the developers to
protect the existing trees during construction. She explained that
placing tree protection just around the trunk of the tree was not
adequate; the fencing needs to be at the edge of the drip line to
prevent parking under the trees, etc.
Lindsay Hampton, 8402 Alta Vista - said she was glad to see that so
many trees were being saved and protected. She asked if the road
serving this project had a name. Gary explained that it would not
have a name since it was being considered as a driveway not a road.
Robbie Harrington, 5440 Traffic Way —expressed concern over the
large Oak Tree that' s on his property within the drainage easement.
He wanted to know how it would be protected during', the trenching
for the installation of the drainage pipe.
. . . . . . . . end of public testimony. . . . . . . .
There was discussion among the Commissioners regarding trees,
density, setbacks and retaining walls .
TI N: That Findings be made that the project would not have a
significant adverse effect on the environment and that
the Negative Declaration prepared for the project is
adequate.
Motion: Wallace
Second: Sauter
AYES: Wallace, Sauter, Zimmerman, Hageman ''..
NOES: None
ABSENT: Johnson [Two seats vacant]
MOTION PASSED: 4:0
000130
Planning Commission Meeting - April 15, 1997
Page Seven of 12
ACTION: That Zone Change #97001 (text amendment) be approved, as
amended, in accordance with the provisions contained in
Draft Ordi-pance No. M (Attachment K) :
Ordinance No. M - as amended:
" (f) Garages shall be recessed from the front of the
residence by at least five (5) feet, where oriented
toward a .street or common driveway."
Motion: Wallace
Second: Sauter
AYES: Wallace, Sauter, Zimmerman, Hageman
NOES: None
ABSENT: Johnson [Two seats vacant]
MOTION PASSED: 4:0
ACTIO N: That Zone Change #96010 (map amendment) be approved based
on the Findings and land use provisions contained in
Draft Ordinance No. M (Attachment L) .
Motion: Wallace
Second: Sauter
AYES: Wallace, Sauter, Zimmerman, Hageman
NOES: None
ABSENT: Johnson [Two seats vacant]
MOTION PASSED: 4:0
ACTIO N: That Tentative Tract Map 196010 be approved based on the
Findings contained in Attachment M and subject to the
Conditions of Approval, as amended, contained in Attach-
ment N:
Conditions of Approval - as amended:
"4. Prior to the issuance of building/grading permits, . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .In addition, the
project arborist shall supervise trenching for the
j 000131
Planning Commission Meeting - April 15, 1997
Page Eight of 12
installation of the drainage pipe across the adjoining
property to the east and, prior to the final i isp hesioin
shall verify that no roots over two (2)
diameter were severed."
5. All units shall be set back from the ',private road
easement by at least fifteen (15) feet, with the excep-
tion of Lot 5 which shall remain at 13-8feet from the
easement.
(NOTE: This will require that. . . . . .::::: • • ••••••••••:::: • • '
. . . . .
"21 .A. Barrenda Avenue shall be improved from centerline to the.
property. . . . . . . . . . . . . . . . . . . . . . . .
. . . : . . . . .
. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .
.Sidewalk shall be constructed
a •Barrenda• Avenue, but only to the extent shown on
long
the preliminary grading plan (Attachment E) . "
tted for
"29 . Exterior colors•thand shallll be ebefied on approvedlbygstafflprior to
a building peel
the issuance of building permits."
Retaining walls constructed as part of foundation seclude •
stems
30. g feet in height nor p
shall not exceed three (3)
the placement of windows in affected wall°s. "
1131. Retaining walls on Lot 5 shall be moved to the property
line. "
Motion: Hageman
Second: Sauter
AYES: Sauter, Wallace, Zimmerman, Hageman ',:
NOES: None
ABSENT: Johnson (Two seats vacant]
MOTION PASSED: 4:0
airman called a break at 8:31 P.M. - the meeting reco
at 8:38
B. 3 . NE HAN E 1 L T
ENT R AD ABAN-
DONMENT: ned Devel-
Conside 'on of a request to remove t
t Overlay Zone #7 (PD7) , combine the six e� '
000132
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item• B-3 (A-C)
Through: Robert Grogan Meeting Dote: 05/13/97
Interim City Manager
File Number: ZC 96017
via: Steven L. DeCamp RA 96003
Acting Community Development Director LLA 96008
FromTp�
Doug Davidson, Senior Planner
SUBJECT:
Consideration of a request to remove the Planned Development Over-
lay Zone #7 (PD7) , combine the six existing lots into6.three parcels
for single family residential use, and adjust the lot line with
adjacent Tract 1488. The application also proposes the abandonment
of a portion of the Vista Bonita Avenue right-of-way. l; Subject site
is located on Vista Bonita Avenue on the south side of Chalk Moun-
tain. (Mike Frederick/Cannon Associates) .
RECOMMENDATION:
Staff recommends the following actions as recommended by the
Planning Commission:
1 . Ordinance No. 324 - Read by title only and approve on first
reading amending Map 19 of the Official Zoning Maps by
rezoning certain real property on Vista Bonita Avenue, (south
side of Chalk Mountain) from RSF-Y(PD7 ) and RSF-*Z (PD7 ) to RSF
and RSF-Z .
2 . Resolution No. 24-97 - Approve attached resolution summarily
vacating a portion of Vista Bonita Avenue pursuant to Street
and Highways Code; Part 3, Public Streets, Highways, and
Service Easements Vacation Law; Chapter 4, Summary Vacation.
3. Approval of Lot Line Adjustment 96008 based om the Findings
and Conditions of Approval contained in the attached Planning
Commission staff report, dated April 15, 1997 . 'I',
BACKGROUND:
On April 15, 1997, the Planning Commission conducted a public hear-
ing on the above-referenced applications . After discussion (see
attached minutes excerpts) the Planning Commission, on a 4 : 0 vote
(one Commissioner absent) , recommended approval of Zone Change
96017, Road Abandonment 96003 and Lot Line Adjustment 96008 .
Attachments: Ordinance No. 324
• Resolution No. 24-97
Planning Commission Staff Report - April 15, 1997
Minutes Excerpts - April 15, 1997
000133 '
ORDINANCE NO. 324
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 19 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY ON VISTA BONITA AVE. (SOUTH
SIDE OF CHALK MOUNTAIN) FROM RSF-Y(PD7) AND RSF-Z (PD7) TO RSF AND
RSF-Z (ZC 96017: Frederick/Cannon Associates)
WHEREAS, the proposed zoning map amendment is consistent with
the General Plan in effect at the time of application acceptance,
as required by Section 65860 of the California Government Code; and
WHEREAS, the proposed amendment is in conformance with Section
65800 et seq. of the California Government Code concerning zoning
regulations; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on April 15, 1997, and has recommended approval of Zone
Change 96017.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1 . Council Findings.
1 . The proposal is compatible with surrounding land uses
and the zoning in effect at the time of application
acceptance.
2. The proposal is consistent with the General Plan
in effect at the time of application acceptance.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
Section 2. Zoning Map.
Map number 19 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department is
hereby amended to reclassify the parcels listed below, and shown on
the attached Exhibit A, which are hereby made a part of this
ordinance by reference.
Parcels 1, 2, 3 32 PM 86 and Lots 16, 17, 24 of 5/MB/24 •
Assessor's Parcel 030-442-003, 006 and 030-451-005
000134
Ordinance No. 324
Page 2
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News,
a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4. Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12: 01 a.m. on the 31st day after its passage'..
On motion by and seconded by
, the foregoing Ordinance is approved by
. the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
RAY JOHNSON, Mayor
ATTEST:
MARCIA M. TORGERSON, City Clerk
000135
Ordinance No. 324
Page 3
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
PREPARED BY:
STEVEN L. DECAMP,
Acting Community Development Director
000136
ORDINANCE NO. 32,q EXHIBIT A
Page,`�Of
-.'� �•`,���.� RSF• (PD7)
\ Oy
RS F-Z
•
ami
\ Q S ,4 �
� F!
v , 4T4 l
Q d� • \ �•
-FROM F-Y (PD-7) R S F - Z (FD7�
KFC: a t+
TO RSF-Y • /ZS -Z
New Zone="ABC"
Old Zone=(XYZ)
All Overlay Zones to remain unchanged
000137
RESOLUTION NO. 24-97 •
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO SUMMARILY VACATING A PORTION OF VISTA BONITA AVE.
PURSUANT TO STREET AND HIGHWAYS CODE; PART 3, PUBLIC STREETS,
HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW; CHAPTER 4, SUMMARY
VACATION. (RA #96003: Frederick - Ptn. Vista Bonita Ave. )
WHEREAS, Streets and Highways Code 8330 permits summary
vacation of a street right-of-way, or portion of a right-of-way,
by adoption of a resolution of summary vacation; and
WHEREAS, this portion of the Vista Bonita Ave. right-of-way,
as shown on the attached Exhibit, han been impassable for
vehicular travel for at least five consecutive years and no
public money was expended for its maintenance during that time;
and
WHEREAS; the vacation of this portion of the Vista Bonita
Ave. right-of-way now will not eliminate access to any person' s
property which prior to relocation adjoined the street or highway
to be vacated; and
WHEREAS; the vacation of this portion of the Vista Bonita
Ave. right-of-way will not affect any in-place, in-use public
utility facility or will not terminate a public service easement;
and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearing on the subject amendment on April 15,
1997 and pursuant to Government Code 65402 has recommended to the
Council that the vacation of this portion of the Vista Bonita
Ave. right-of-way is in conformance with the General Plan; and
WHEREAS, pursuant to Streets and Highways Code 2381, the
Planning Commission has recommended to the Council that this
portion of the Vista Bonita Ave. right-of-way is not suitable or
useful as a non-motorized transportation facility, or that
adequate easements have been retained for such purposes.
. THEREFORE, the Council of the City of Atascadero finds as
follows:
1 . The proposed vacation of this portion of the Vista
Bonita Ave. right-of-way is consistent with the General
Plan.
2 . The portion of the Vista Bonita Ave. right-of-way to be
abandoned is not suitable as a non-motorized
transportation facility.
000138
Resolution No. 24-97
• Page 2
3. The Council now summarily vacates, pursuant to Streets
and Highways Code, Part 3, Chapter 4, 8330, that
portion of the Vista Bonita Ave. right-of-way shown on
the attached Exhibit subject upon the property owner
agreeing to indemnify and "hold harmless" the City from
claims that may arise from the abandonment '' procedure.
This agreement shall be reviewed and found acceptable
to the City Attorney prior to recording of '' the
abandonment Resolution and associated documents.
4 . That from and after the date this resolution is
recorded with the County Recorder, the portion of
the Vista Bonita Ave. shown on the attached Exhibit
shall no longer constitute a street right-of-way.
5. The City Clerk shall cause a certified copy of this
Resolution of Summary Vacation, attested by his or her
seal, to be recorded without acknowledgment or further
proof in the office of County Recorder.
On motion by and seconded by
, the foregoing resolution .is hereby
adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
CITY OF' ATASCADERO, CA
RAY JOHNSON, Mayor
ATTEST:
. MARCIA M. TORGERSON, City Clerk
• 000139
Resolution No. 24-97
Page 3 _
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
PREPARED BY:
STEVEN L. DECAMP, Acting Community Development Director
000140
RESOLUTION NO. 2zj-9 7 EXHIBIT A
Page of-Y
U.MQ
IF
AAM Yr..trt�
r,l\�� I �� �,�e �oiZT1DN TO 6E TOTALLAMu
A BA U DDNL D
\�\ 411111 II \ig�
\ \\\\\`�.\`\ \ \ \• \ C�•\\,�\�\`\\\�\\:\\mow\ \
SITE
�MMf MAP
Mi
TENTATIVE IDT UNE ADJUST .tIT
ATAI. 96-135
-��, =`���__�?^=_— Y'1nC1 ns. au.rnr ..r•runnu.r.
jarmm
__ rxr.,xwno.m•rr.r s.rvn.x'
— moi— -- —� wrrxmrraurn
art mn�n�
r 000141
CITY OF ATASCADERO Item: B . 3
STAFF REPORT
FOR: Planning Commission Meeting Date: April 15, 1997
BYY—f
oug Davidson, Senior Planner File No: ZC 96017/LLA 96008
RA96003
SUBJECT:
Consideration of a request to remove the Planned Development
Overlay Zone *7 (PD7) , combine the six existing lots into three
parcels for single family residential use, and adjust the lot
line with adjacent Tract 1488 . The application also proposes the
abandonment of a portion of the Vista Bonita Ave. right-of-way.
RECOMMENDATION:
Staff recommends the following actions:
1 . That the Negative Declaration prepared for the project be
found adequate under the requirements of the California
Environmental Quality Act (CEQA) ; and
2 . That Zone Change 96017 be recommended for approval to the
City Council based on the Findings contained in Ordinance i
324 (Attachment H) .
3 . That Lot Line Adjustment 96008 be recommended for approval
to the City Council based on the Findings and Conditions for
Approval contained in Attachment I .
4 . That Road Abandonment 96003 be approved per Resolution 24-97
(Attachment J) .
A. SITUATION AND FACTS:
1 . Applicant. . . . . . . .. . . . . . . . . . . . .Mike Fredrick
2 . Representative. . . . . . . . . . . . . . .Cannon Associates
3. Project Address. . . . . . . . . . . . . .Vista Bonita Ave.
4 . Site Area. . . . . . . . . . . . . . . . . . . . 6.32 acres
6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Y (PD7) RSF-Z (PD7)
7 . General Plan Designation. . . . .Moderate and Low Density
Single Family Residential
1
000142
8 . Existing Use. . . . . . . . . . . . . . . . .Vacant
9. Environmental Status Dec posted 3/11/97
B. BACKGROUND:
Tentative Tract Map 39-87 (Tract 1562) was originally approved by
the City Council on July 26, 1988 (Attachment E) . Two one-year
time extensions were granted, extending the approval date until
July 26, 1992 . Since no further action has taken place since that
time, the approval for the subdivision has expired. The State
laws extending time limits for active maps did not start taking
effect until September, 1993 .
While the Tract Map has expired, the Planned Development Overlay
Zone is still on the Zoning map. It is the desire of the
property owner to remove the PD Overlay from the site and re-
configure the existing six lots, approximately one acre each,
into three lots of 1 . 00, 1 . 00, and 4 . 32 acres each for single
family residential use. For consistency, the current RSF-Y and
RSF-Z zoning will be continued - the existing one acre lots in
the RSF-Z zone (1 1,i� acre minimum) are .remaining tr.� same size
(proposed Parcels 1 and 2) . Thus, no nonconforming lots are
being reduced in size. Tract 1562, by comparison, would have
created six residential lots on the ridge ranging in size from
7, 260 to 9, 132 square feet with an open space remainder parcel of
5. 18 acres .
In addition to the lot line adjustment of the parcels owned by
Mr. Frederick, the project involves an adjustment with the
adjacent Tract 1488 (Attachment F) . The building site for
proposed Parcel 1 would encroach into the Vista Bonita right-of-
way and onto the open space reservation of Tract 1488 . This
proposal would swap 12, 611 square feet of open space easement
with Tract 1488 . Tract 1488 is similar in concept and design to
Tract 1562 - the clustering of residential lots near the ridge
top, parallel to the Vista Bonita right-of-way, with ' a large
amount of the site dedicated to open space preservation. While
these two tracts were processed concurrently in 1987, Tract 1488
went on to record in 1993, creating eight small parcels ranging
in size from 5, 520 to 6, 750 square feet- with an open '' space parcel
of approximately five acres. The required public improvements
were bonded for, but have not yet been constructed.
Lastly, the application proposes the abandonment of the Vista
Bonita Ave. right-of-way, west of proposed Parcel 3 to its
terminus . Neither Tract 1488, nor Tract 1562, nor the subject
lot line adjustment proposed the complete construction of Vista
Bonita. In fact, alternate access has been created for Tract
1488 (La Quinta) and proposed for the three newly aligned
. Frederick parcels via the 30 foot access easement.
2
i
000143
C. ANALYSIS:
Since the approval for the small lot subdivision has expired, it
is reasonable to eliminate the overlay zone. Although the
clustering concept of the PD zones is particularly suitable on
hillside developments, the access and terrain dictate that the
building sites remain in basically the same location as Tract
1562 . In this case, instead of six small lots (or the six
original Eaglet Tract lots) there would be three parcels, each
with a new home constructed just south of the Vista Bonita right-
of-way.
Besides adjusting the six lots into three, an exchange of 12, 611
square feet open space easements is proposed with adjacent Tract
1488 . Although the improvements on proposed Parcel 1 would
encroach into a small portion of the original open space easement
of Tract 1488, this area would take better advantage of the
building site. Although, the 12, 611 square foot area offered in
its place is unsuitable for development anyway, it does take up a
large piece of the existing, western most lot. It should be
remembered that Mr. Frederick currently owns six legal lots on
Chalk Mountain.
Staff is suggesting that the existing zoning split of the
Frederick property between the RSF-Y and RSF-Z zones be
maintained and adjusted along property lines as it is today.
Currently, the RSF-Y zone encompasses the two western lots of the
Frederick property at the end of the "paper" Vista Bonita cul-de-
sac. The RSF-Z zone entails the other four parcels to the east.
With the lot line adjustment, the zoning line would move to the
east due to the large size (4 . 32 acres) of proposed Parcel 1 .
Again, although one acre lots are nonconforming in the RSF-Z
zone, proposed Parcels 1 and 2 are remaining the same size by an
equal exchange of pie-shaped land with the adjacent parcel .
Thus, consistency on the Zoning map is maintained by moving the
RSF-Y line to include the 4 . 32 acre parcel and the RSF-Z zone for
the two one-acre lots .
Lastly, the application includes abandonment of a portion of the
Vista Bonita right-of-way. As Attachment C shows, a 30 foot
access easement is proposed to serve the three newly aligned
lots . Likewise, an alternative access has been created to serve
Tract 1488 . The conditions of approval for Tract 1488 require
the construction of Vista Bonita to access the property and then
La Quinta to access the individual lots. Under the current
proposal, Vista Bonita would be continued from its terminus at
Tract 1488 until the point of the new access easement. Thus, the
remainder of the Vista Bonita right-of-way is not necessary for
future street or alternative transportation purposes, and does
not interfere with existing or proposed utility facilities.
•
3
000144
• D. CONCLUSIONS:
The Zone Change/Lot Line Adjustment will update the Zoning Map to
reflect current conditions and maintain consistency in
neighborhood land uses. A PD Overlay zone is not appropriate if
the implementing subdivision approval has expired and the current
request is to reconfigure six existing lots into three. The site
development constraints - primarily the steep terrain and access
limitations - will dictate the continuation of the clustering
concept. The loss of a small amount of permanent open space to
accommodate the building site on proposed Parcel 1 is more than
made up by the equal offer of open space to Tract 1488 and the
combination of four one-acre parcels into one 4 .32 acre lot.
Lastly, the abandonment of a portion of Vista Bonita will respect
the recent (and proposed) subdivision activity on Chalk Mountain.
ATTACHMENTS :
Attachment A - Location Map (General Plan)
Attachment B - Location Map (Zoning)
Attachment C - Lot Line Adjustment 96008
Attachment D - Supplemental Development Statement
Attachment E - Tentative . Tract Map 39-87 (PD7) ( xpired)
Attachment F - Adjacent Tract 1488 (Recorded)
Attachment G - Negative Declaration
Attachment H - Draft Ordinance 324
Attachment I - Findings and Conditions for Approval (LLA)
Attachment J - Resolution
4
000145
Al
••
ME
Mil
IL
all
e
ATTACHMENT B
CITY OF ATASCADERO ZON IiNG MAP
r Sc�,D •ems _COMMUNITY DEVELOPMENT ZC 96017/LL,A 96008
DEPARTMENT
�- K r•LI
\ MFPROjEUT AREA
RSF—Y (PD7)
W RSF—Z (PD7) 4i
♦� RSF• (PD7)
�•J ♦.
bQ� `.` ♦OoyO
IS
RS F•Z D7
I � ♦ O O
CN-
♦ O
i ♦♦
EXISTING ZONING
IE`~cOR7 XII F•4 6), ;
RSF—Y�
W 1JI
•Y
RSF• (PD7)
1 \
coq >:oO \`
S
4v < \ I o /
• ��,f f �' T .7
W //2
C`R N l P
•
PROPOSED O OSED ZONING
•
000147
ATTACHMENT C
CITY OF ATASCADERO LOT LINE ADJUSTMENT
79-7
- �asCAD __CnMMUNITY DEVELOPMENT zC 96017/LLA 96008
DEPARTMENT •
OWNER
M 113
APPLICANT .en•.nr.n
�\\\\` l �\�r LEGAL
�11I` Ijll!` `\\� `•?�\� "N us.0-mon
\ eB� TOTAL AREA aat.aaa
1 1\� v PI it'll � l l� f ��a z \\-6"
\
PO N
\;C•,51 \ SITE
\ \\
21. zz-
%s-z fft NN
ATAL L-_M
DAM:03/14/9)
s
000148
ATTACHMENT D
ZC 96017/LLA 96008
DEVELOPER'S STATEMENT
Mr. Michael Frederick has submitted an application for a zone change and lot line
adjustment of his property located on Chalk Mountain. His application also
includes a request to eliminate the open space designation on a portion of adjacent
property and to replace it with a similar open space designation on a portion of his
Property.
The current zoning specifically applies to a development plan of six individual
housing units originally proposed to be placed on the south side of the mountain.
The subdivision application that accompanied the development plan expired two
years ago. Mr. Frederick has dropped his original plans and is now beginning the
process towards creating a building site for his own residence. The new lot lines
are proposed to be perpendicular to the ridge top. This design will require less
grading for houses. Transferring the location of the open space will allow Mr.
Frederick's home to be set back from the edge of the south slope which will
reduce its' visibility from below.
` 000149
ATTACHMENT E
CITY OF ATA
SCADERO TRACT 1562 (EXPIRED)
_li., 1979
;
�asCAD _COMMUNITY DEVELOPMENT zC 96017/LLA 96008
s DEPARTMENT
-_�.�:,��•11 1998 •- . __ • •
-CObt %iv: Y uE'fEU`I. t
14.
TRACT 1562 .. ?
TENTATIVE MAP
CHALK mouNiAIN•ATASCAOERO ,. ,.1• -�...� _ ••i• ���f t
LOT
NORTH
+edea • - ,LOTH \ . . ".•.: .y w �\ ••.. �.
LOT 4
1 OF _ _-_- -�- __•.._. 1 s
: .•:
OT
'
... .. �......... r ' LOT 7. -.OPEN
X.
,
\1
a30.,ups
I .� � r• \ -; ci—� —r �— .rte _ _,
i' TRACT 1562 l •: Ia .19— 20 _Z� .`�-_ `•(� _ -►Y-�j +-i��
41
' . .•.. rte.. _.......• . -7 ?7.. i
000150
ATTACHMENT F
'o' � CITY OF ATASCADER
.�� ;" '' O ADJACENT TRACT 1488 ..
.' COMMUNITY DEVELOPMENT zc 96017/LLA 96008
DEPARTMENT
ua +aocyy,�
ur ,+.ecu•[
+u�r'u•r er A� wrr A i
905S 41- 15' 9' a s 93.1.. ` a,•+
O 06 = 04 0 S 0�
u 09 ° 08
nn u�� u c � n •nrxcim 4Be
OPEN LA nm r•z�1 xa
SPACE n QUINTA_ 11 • 12
ESMT. m� r•w
NY .N]i3• ■.10G1r 1
1R. f0 —9255 „w 6
4.49 Ac.
So ITA
1�d b
4J
• o-z 1
RENSIONS
isI art
x . Jac too
CITY OF ATASCADERO
•.91V- INIS YAP IS PREPARED FOR - ILSELU,OSR'50BMMAAPd.COUNTY OF
BOOK"0 PACE 441
• 000151
ATTACHMENT G
t
CST�' OF ATASCADE.
"'
all
„a;�1 7 ENVIRONMENTAL COORDINATOF
-- ,
NEGATIVE DECLARATION
COKMUN=DEVELOP:,&-IT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035
APPLICANT: MIKE FRF_DERK,I� C/aN�uc�v <� SSeciAtES
P.0, 3oX 573 3&14 P40FIC. ST.
fl-'ASCAIbr A0.1C4 93-tLz SAM Luis 0B15PO, C14 93401
i
PROJECT TITLE: 20,V F c N A N 6-E 9 to o 1-7 Lo-r L/N E AD,T v S7'/1)FNT 96 co?
PROJECT LOCATION: V TSTA 90AJ!to A vF_ . C,5ov-ry 5 Id t - C14At.>< nit tW-)
PROJECT DESCRIPTION: �,Eivl o v F_ PLANNFD DFVELo PNt ENT' oV ER LA y ;Z oN E tk7
_ PD7) FROM 7'14F_ P/Z0PF_/Z-t ANA AZ)J-U57' 7'NF_ Fx�st/�tsC- Sik Lcfs
FINDINGS:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited. but comulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
DETERUMATION:
Based on the above findings, and the information contained in the initial study(made a part hereof by refer-
ence and on file in the Community Development Department). it has been determined that the above project
will not have an adverse impact on the environment.
STEVEN L. DECAMP
CITY PLANNER
Date Posted: MA 9 C N 11J
Date Adopted: A P IZ I L J 11-7-7
CDD I I d8
0001.52
ATTACHMENT H
ORDINANCE NO. 324
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 19 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY ON VISTA BONITA AVE. (SOUTH
SIDE OF CHALK MOUNTAIN) FROM RSF-Y(PD7) AND RSF-Z (PD7) TO RSF AND
RSF-Z (ZC 96017: Frederick/Cannon Associates)
WHEREAS, the proposed zoning map amendment is consistent with
the General Plan in effect at the time of application acceptance,
as required by Section 65860 of the California Government Code; and
WHEREAS, the proposed amendment is in conformance'; with Section
65800 et seq. of the California Government Code concerning zoning
regulations; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on April 15, 1997, and has recommended approval of Zone
• Change 96017.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1 . Council Findings.
1. The proposal is compatible with surrounding land uses
and the zoning in effect at the time of application
acceptance.
2 . The proposal is consistent with the General Flan
in effect at the time of application acceptance.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
Section 2. Zoning Map.
Map number 19 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department is
hereby amended to reclassify the parcels listed below, and shown on
the attached Exhibit A, which are hereby made a part of this
ordinance by reference.
Parcels 1, 2, 3 32 PM 86 and Lots 16, 17, 24 of 5/MB/24
Assessor' s Parcel 030-442-003, 006 and 030-451-005
• 000153
Ordinance No. 324
Page 2
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News,
a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4. Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12: 01 a.m. on the 31st day after its passage.
On motion by and seconded by
, the foregoing Ordinance is approved by
the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
RAY JOHNSON, Mayor
ATTEST:
MARCIA M. TORGERSON, City Clerk
000154
Ordinance No. 324
Page 3
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
PREPARED BY:
STEVEN L. DECAMP,
Acting Community Development Director
i 000155
ORDINANCE NO. 32-y EXHIBIT A
Page of
RSF• (PD7)
b \\
� RSF•Z
Inc-
JV
ti o
\ Q S q
v
2
- _• / t 3
F•
v qTq r
7 �P`P,
Y
Ck
FROM �St Y (PDp RSF - Z (FD))
TO : NSF-Y-' I?S F-f-
New Zone="ABC"
Old Zone=(XYZ)
All Overlay Zones to remain unchanged
O0U156
• ATTACHMENT I —Findings and Conditions of Approval
Lot Line Adjustment 96008
Vista Bonita Ave. (Frederick)
April 15, 1997
FINDING:
The application as submitted conforms with all applicable
zoning, general plan, and subdivision regulations of the
City of Atascadero.
CONDITIONS OF APPROVAL:
1 . The lot line adjustment as shown on the map attachment
provided herein shall be submitted. in final n.ap '; �:ormat,
reflected in a record of survey and Certificates of
Compliance (2) , or deeds to be approved by the Community
Development Department prior to recordation.
2 . The proposed adjusted lot lines shall be surveyed,
monuments set at the new property corners, and a record of
survey prepared as required by Section 8762 of the Business
and Professions Code.
3 . If a final map is to be recorded, all existing and proposed
easements and the Vista Bonita Ave. right-of-way to be
abandoned shall be delineated thereon.
4 . Applicant shall prepay property taxes prior to recording of
the lot line adjustment as allowed by Subdivision Map Act
section 66412 (d) .
5. A mylar copy of the recorded final map or record of survey
shall be submitted to the Community DevelopmentDepartment.
6. Approval of this lot line adjustment shall expire two years
from the date of approval unless a time extension has been
granted pursuant to a written request prior to the
expiration date.
00015'7
ATTACHMENT J .
RESOLUTION NO. 24-97
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO SUMMARILY VACATING A PORTION OF VISTA BONITA AVE .
PURSUANT TO STREET AND HIGHWAYS CODE; PART 3, PUBLIC STREETS,
HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW; CHAPTER 4 , SUMMARY
VACATION. (RA #96003: Frederick - Ptn. Vista Bonita Ave. )
WHEREAS, Streets and Highways Code 8330 permits summary
vacation of a street right-of-way, or portion of a right-of-way,
by adoption of a resolution of summary vacation; and
WHEREAS, this portion of the Vista Bonita Ave. right-of-way,
as shown on the Pttached Exhibit, ha:- been impassable for
vehicular travel for at least five consecutive years and no
public money was expended for its maintenance during that time;
and
WHEREAS; the vacation of this portion of the Vista Bonita
Ave. right-of-way now will not eliminate access to any person' s
property which prior to relocation adjoined the street or highway
to be vacated; and
WHEREAS; the vacation of this portion of the Vista Bonita
Ave. right-of-way will not affect any in-place, in-use public
utility facility or will not terminate a public service easement;
and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearing on the subject amendment on April 15,
1997 and pursuant to Government Code 65402 has recommended to the
Council that the vacation of this portion of the Vista Bonita
Ave. right-of-way is in conformance with the General Plan; and
WHEREAS, pursuant to Streets and Highways Code 2381, the
Planning Commission has recommended to the Council that this
portion of the Vista Bonita Ave. right-of-way is not suitable or
useful as a non-motorized transportation facility, or that
adequate easements have been retained for such purposes.
THEREFORE, the Council of the City of Atascadero finds as
follows:
1 . The proposed vacation of this portion of the Vista
Bonita Ave. right-of-way is consistent with the General
Plan.
2 . The portion of the Vista Bonita Ave. right-of-way to be
abandoned is not suitable as a non-motorized
transportation facility.
• 000158
Resolution No. 24-97
Page 2
3. The Council now summarily vacates, pursuant to Streets
and Highways Code, Part 3, Chapter 4, 8330, that
portion of the Vista Bonita Ave. right-of-way shown on
the attached Exhibit subject upon the property owner
agreeing to indemnify and "hold harmless" the City from
claims that may arise from the abandonment ;procedure.
This agreement shall be reviewed and foundacceptable
to the City Attorney prior to recording of the
abandonment Resolution and associated documents.
4 . That from and after the date this resolution is
recorded with the County Recorder, the portion of
the Vista Bonita Ave. shown on the attached Exhibit
shall no longer constitute a street right-of-way.
5. The City Clerk shall cause a certified copy of this
Resolution of Summary Vacation, attested by his or her
seal, to be recorded without acknowledgment or further
proof in the office of County Recorder.
On motion by and seconded by
the foregoing resolution is hereby
adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
CITY OF ATASCADERO, ',CA
RAY JOHNSON, Mayor
ATTEST:
MARCIA M. TORGERSON, City Clerk
. 000159
Resolution No. 24-97
•
Page 3
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
PREPARED BY:
STEVEN L. DECAMP, Acting Community Development Director
000160
RESOLUTION NO. 2ZJ-7 7 EXHIBIT A
Page of
omea
u"ueurc
LErAL
APM
� lU TD RE
SA k)I)D1UL D
l'� •4
k\ NMI
♦ .�\ �\ J\
♦� \♦\\♦�\�:\\������-- 1—� ( '\ (1 .\.�t \ ( � SITE
TENTATIVE
ATAL 98-135
z wa lwn.nr —_
000161
MINUTES EXCERPTS
Planning Commission Meeting- April 15, 1997
Page Eight of 12
installation of the drainage pipe across the adjoinin
property to the east and, prior to the final inspecti ,
shall verify that no roots over two (2) inche in
diameter were severed."
5 . All units shall be set back from the priv to road
asement by at least fifteen (15) feet, with he excep-
t'on of Lot 5 which shall remain at 13 .8 f t from the
ea ment.
(NOT This will require that. . . . . . . . . . . . . . . . . . . . . . . . .
is
. . . . . . . . . . . . . . . . . . . . .
"21 .A. Barrenda venue shall be improved fr centerline to the
property. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.Sidew . k shall be constructed
along�Barrenda� � venue, but on to the extent shown on
the preliminary ading plan 'Attachment E) . "
1129. Exterior colors sha be s ecified on plans submitted for
a building permit and h 1 be approved by staff prior to
the issuance of build' permits. "
"30. Retaining walls con ructe as part of foundation systems
shall not exceed hree (3) eet in height nor preclude
the placement o windows in fected walls . "
1131. Retaining wa s on Lot 5 shall moved to the property
line. "
Motion: Hag an
Second: S ter
AYES : Sauter, Wallace, Zimmerman, Hageman
NOES: None ,
AB NT: Johnson (Two seats vacant]
OTION PASSED: 4:0
T Chairman called a break at 8:31 p.m. - the meeting reconve d
t 8:38 p.m.
B. 3 . ZONE CHANGE 96017/LOT LINE ADJUSTMENT 96008/ROAD ABAN-
DONMENT:
Consideration of a request to remove the Planned Devel-
opment Overlay Zone #7 (PD7 ) , combine the six existing
000162
Planning Commission Meeting - April 15, 1997
Page Nine of 12
lots into three parcels for single family residential
use, and adjust the lot line with adjacent Tract 1488.
The application also proposes the abandonment of a
portion of the Vista Bonita Avenue right-of-way. Subject
site is located on Vista Bonita Avenue on the south side
of Chalk Mountain (Mike Frederick/Cannon Associates) .
STAFF RECOMMENDATION: (Doug Davidson)
Staff recommends the following actions:
1 . That the Negative Declaration prepared for the project be
found adequate under Acte requirements
equ r me is of the California
Environmental Quality (
2 . That Zone Change 96017 be recommended
for din Ordinance No.roval to the C324
Council based on the Findings
(Attachment H) .
3 . That Lot Line Adjustment 96008 berecommended and Conditions approvalto
the City Council based on the Findings
or
Approval contained in Attachment I.
4 . That Road Abandonment 96003 be approved per Resolution No. 24-
97 (Attachment J) .
Doug Davidson provided the staff report and responded to questions
from the Commission.
Chairman Hacieman asked if the applicant would
the average e able to further
slope
subdivide Parcel No. 1. Doug replied
constraint and lack of sewer would prevent any further split.
TESTIMONY:
John Falkenstien, Cannon Associates - said that the property has a
lot of history; that the proposed property is reverting back to
something that is simpler that what it has historically been. He
offered to answer any questions .
Al Clark, 9435 Del Bordo - spoke in favor of thehelproject.cutH on eels
that having more homes in the area
the
vandalism.
Joan O' Keefe, Old Morro Road East - questioned whether there were
any architectural guidelines regarding the kind of', house that can
be built? Could a 3-story house be built? Doug replied that a 3-
story house could not be built as that would exceed the height
limit allowed in single family zones . He explained that a 2-story
000163
Planning Commission Meeting - April 15, 1997
Page Ten of 12
house would be allowed up to 30 feet but there is no architectural
review specifically on single family home construction design.
Shelly Edmonds, 9385 E1 Bordo - wanted to know if the houses on E1
Bordo would be forced to hook up to sewer because of all the new
development on Chalk Mountain. John Neil stated that the Municipal
Code requires hooking up to sewer when there' s a septic system
failure.
. . . . . . . . end of public testimony. . . . . . . .
ACTIO N: That the Negative Declaration prepared for the project be
found adequate under the requirements of the California
Environmental Quality Act (CEQA) .
Motion: Sauter
Second: Wallace
AYES: Sauter, Wallace, Zimmerman, Hageman
NOES: None
ABSENT: Johnson [Two seats vacant]
MOTION PASSED: 4:0
ACTIO N: That Zone Change 96017 be recommended for approval to the
City Council based on the Findings contained in Ordinance
No. 324 (Attachment H) .
Motion: Sauter
Second: Wallace
AYES: Sauter, Wallace, Zimmerman, Hageman
NOES: None
ABSENT: Johnson [Two seats vacant]
MOTION PASSED: 4:0
ACTIO N: That Lot Line Adjustment 96008 be recommended for
approval to the City Council based on the Findings and
Conditions for Approval contained in Attachment I.
Motion: Sauter
Second: Wallace
AYES: Sauter, Wallace, Zimmerman, Hageman
000164
Planning Commission Meeting - April 15, 1997
Page 11 of 12
NOES: None
ABSENT: Johnson (Two seats vacant]
MOTION PASSED: 4:0
ACTIO N: That Road Abandonment 96003 be approved per Resolution
No. 24-97 (Attachment J) .
Motion: Sauter
Second: Wallace
AYES: Sauter, Wallace, Zimmerman, Hageman
NOES: None
ABSENT: Johnson (Two seats vacant]
4. ZONE CHANGE 96015:
Request to amend the Zoning Ordinance text to pe
arking lots for commercial uses to be loc d in
Mu ' le Family Residential zones by co '' conal use
permit.
STAFF RECOMMENDATION: ( ve DeCamp)
Staff requests that this a continued.
TESTIMONY•
Rush Kolemai , 4580 Portrero - recommended th the Planning
Commissi do it,, .
. . . . . . . end of public testimony. . . . . . . .
000165
I
MEETING AGENDA
j
5Z13/97 REM# BB4_.`_
MEMORANDUM
TO: City Council, City Manager
FROM: Roy A. Hanley, City Attorney
DATE: April 17, 1997
SUBJECT: Proposed Administrative Citations, Etc. Ordinance
This memo concerns a code enforcement project I would like to discuss with the City
Council. The project is an ordinance which sets up a new, in-house code enforcement
tool based on "administrative citations" which is very similar to a parking ticket program.
As drafted, the ordinance would allow the City employees and animall control officers
who have court citation-writing authority to issue an administrative citaltion instead.
An automatic fine would apply to the violation, with one set of exceptions. The
exceptions, which are required by state law, are "continuing violations pertaining to
building, plumbing, electrical, or other similar structural or zoning issues that do not
create an immediate danger to health or safety."
A person could contest the fine at a hearing, but would either have to,pay first or
receive a hardship waiver from advance payment. Interest would apply to unpaid fines
and the City could collect them by any available legal means.
After finishing this summary, I have anticipated some of the questions you might
logically have:
1. Q: Why don't we have it already? A: State law authorizing such an
ordinance just became effective in 1996.
2. Q: Isn't this ordinance just a duplication of our existing citations
ordinance? A: No, for three very important reasons. First, we don't have to go to
court and prove our case beyond a reasonable doubt (this removes an immense
preparation burden from City staff). Second, at every possible juncture the ordinance
places the burden to act on the "violator' -- not the City. Third, the City keeps every
penny of an administrative fine; we share criminal fines with the County.
3. Q: Would the new ordinance signal a change in City Council policy so
that code enforcement would now use a proactive approach rather than waiting
for service requests? A: This ordinance need not change Council policy. Yet, we
would have the opportunity to address widespread enforcement problems much more
efficiently.
. 000166
Memorandum
April 16, 1997
4. Q: Would the new ordinance change the Council-directed goal of code
enforcement from compliance to cost recovery? A: No. By state law, the amount
of the administrative fine cannot exceed the amount of the fine provided by state law for
infractions, and these fines are a part of our current code enforcement program. The
City would merely benefit more financially from administrative fines because we do not
have to share them with the County. Also, the administrative citation would contain an
order to abate the violation (i.e., comply with code).
5. Q: What happens if a fine is not paid? A: It would be up to the City to
collect it. I would suggest we explore contracting with a collection service which would
keep a"cut" of fines collected.
code.entmem
000167
• ORDINANCE NO. 329
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ATASCADERO, CALIFORNIA, PROVIDING FOR
ADMINISTRATIVE CITATIONS, FINES AND HEARING
PROCEDURES PURSUANT TO GOVERNMENT
CODE SECTION 53069.4
The City Council of the City of Atascadero, State of California, does ordain as
follows:
Section 1 Chapter 1-6 is hereby added to the Atascadero Municipal Code, to read
as follows:
CHAPTER 1-6
Administrative Citations, Fines and Hearing Procedures
Section. 1-6.01 Authority.
The procedure set forth in this chapter is authorized by Government Code
Section 53069.4.
Section. 1-6.02 Applicability.
(a) This chapter provides for administrative citations, fines and hearing
procedures which are in addition to all other legal remedies, criminal or civil, which may
be pursued by the City to address any violation of this code. As used in this paragraph,
"violation" includes noncompliance with condition(s) of approval of a discretionary permit.
This chapter shall also apply to supplement procedures located elsewhere in this code in
order to provide due process.
(b) In the case of a continuing violation pertaining to building, plumbing,
electrical, or other similar structural or zoning issues that do not create an immediate
danger to health or safety, a reasonable time not to exceed six months shall be provided
to remedy or correct the violation prior to imposition of fines or penalties. In determining
what is a reasonable time, the City may consider the estimate of local professionals
including licensed contractors and City employees.
Section. 1-6.03 Administrative Citations.
(a) Whenever any of the officers or employees named in Section 9-8.102
of this code, or an Animal Control Officer pursuant to contract with the City, determines
that a violation of a provision of this code enforceable by that person has occurred, the
i
1
000168
officer or employee shall have the authority to issue an administrative citation to any .
person responsible for the violation.
Each administrative citation shall contain:
1) The date of the violation;
2) The address or a definite description of the location where the
violation occurred;
3) The section of this code violated and a description of the violation;
4) The amount of the fine for the code violation;
5) A description of the fine payment process, including a description of
the time within which and the place to which the fine must be paid;
6) An order prohibiting the continuation or repeated occurrence of the `
code violation described in the administrative citation;
7) A description of the administrative citation review process, including
the time within which the administrative citation maybe contested and
the place from which a request for hearing form to contest the
administrative citation may be obtained;
8) In the case of a violation described in Section 1-6.02(b), the time
within which the violation must be corrected in order to avoid a fine;
9) Where applicable, the name of the property owner(s) and occupant(s)
where the violation occurred;
10) The name and signature of the citing person.
Section. 1-6.04 Amount of Fines.
The amount of fines for code violations imposed pursuant to this chapter shall be
as provided by Section 1-3.01(c) of this code.
Section. 1-6.05 Payment of Fines.
(a) Fines shall be paid to the City of Atascadero within thirty (30) days of
the administrative citation, except as otherwise specified.
(b) In the case of a violation described in Section 1-6.02(a) , the fine shall
be paid to the City of Atascadero within thirty (30) days of the date specified for
compliance by the administrative citation.
(c) An administrative fine paid pursuant to subsection (a) or (b) shall be
refunded in accordance with Section 1-6.10(d) if it is determined, after a hearing, that the
person charged in the administrative citation was not responsible for the violation or that
there was no violation as charged in the administrative citation.
(d) Payment of a fine under this chapter shall not excuse or discharge any
continuation or repeated occurrence of the code violation that is the subject of the
administrative citation.
2
000169
Section.1-6.06 Hearing Request.
(a) Any recipient of an administrative citation may contest that there was
a violation of the code or that he or she is the responsible party by completing a request
for hearing form and returning it to the City within fourteen (14) days from the date of the
administrative citation, together with an advance deposit of the fine or notice that a request
for an advance deposit hardship waiver has been filed pursuant to Section 1-6.07.
(b) A request for hearing form may be obtained from the department
specified on the administrative citation. .
(c) The person requesting the hearing shall be notified of the time and
place set for the hearing at least ten (10) days prior to the date of the hearing.
(d) If the citing person submits an additional written report concerning the
administrative citation to the hearing officer for consideration at the hearing, then a copy
of this report also shall be served on the person requesting the hearing at least five (5)
days prior to the date of the hearing.
Section.1-6.07 Advance Deposit Hardship Waiver.
(a) Any person who intends to request a hearing to contest that there was
a violation of the code or that he or she is the responsible party and who is financially
unable to make the advance deposit of the fine may file a request for an advance deposit
hardship waiver.
(b) The request shall be filed with the finance department on an advance
deposit hardship waiver application form, available from the finance department, within
five (5) days of the date of the administrative citation.
(c) The requirement of depositing the full amount of the fine as described
in Section 1-6.06(a) shall be stayed unless or until the Director of Finance makes a
determination not to issue the advance deposit hardship waiver.
(d) The director may waive the requirement for advance deposit only if the
cited party submits to the director a declaration under penalty of perjiury, supported by
evidence, that shows to the director's satisfaction that the person is financially unable to
deposit the full amount of the fine in advance of the hearing.
(e) If the director determines not to issue an advance deposit hardship
waiver, the cited party shall remit the deposit to the City within five (5) days of the date of
that decision or fourteen (14) days from the date of the administrative citation, whichever
is later.
(f) The director shall list his/her reasons for granting or not granting an
advance deposit hardship waiver in writing and serve it on the cited party. The director's
decision is final.
3
0001'70
Section.1-6.08 Hearing Officer.
The City Manager shall designate the hearing officer for an administrative
citation hearing.
Section.1-6.09 Hearing Procedure.
(a) No hearing to contest an administrative citation before a hearing
officer shall be held unless the fine has been deposited in advance per Section 1-6.06(a)or
an advance deposit hardship waiver has been issued per Section 1-6.07(d).
(b) A hearing before the hearing officer shall be set for a date that is not
less than fifteen (15) days and not more than sixty (60) days from the date that the request
for hearing is filed in accordance with the requirements of this chapter.
(c) At the hearing, the party contesting the administrative citation shall
be given the opportunity to testify and to present evidence concerning the administrative
citation.
(d) Failure of the cited party to appear at the administrative citation
hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative
remedies.
(e) The administrative citation and any additional report submitted by the
enforcement officer shall constitute prima facie evidence of the respective facts contained
in those documents.
(f) The hearing officer may continue the hearing and request additional
information from the enforcement officer or cited party prior to issuing a written
decision.
Section 1-6.10 Hearing Officer's Decision.
(a) After considering all of the testimony and evidence submitted at the
hearing, the hearing officer shall issue and serve on the cited party a written decision
including findings to uphold or cancel the administrative citation. The decision of the
hearing officer shall be final.
(b) If the hearing officer determines that the administrative citation should
be upheld, the City shall retain the fine amount on deposit.
(c) If the hearing officer determines that the administrative citation should
be upheld and the fine has not been deposited because of an advance deposit hardship
waiver, the hearing officer shall set a fine payment schedule in the decision.
(d) If the hearing officer determines that the administrative citation should
be canceled and the fine was deposited with the City, the City shall promptly refund the
fine, plus interest earned by the City during the time the City held the fine.
4
0001'71
Section 1-6.11 Late Payment Charges.
An person who fails to a to the Cit an fine imposed pursuant to this
Any pay Y Y p
chapter on or before the date that fine is due also shall be liable for the payment of late
payment charges in the amount of$25.00.
Section 1-6.12 Recovery of Administrative Citation Fines and Costs.
The City may collect any past due administrative citation fine or late payment
charge by use of all available legal means.
Section 1-6.13 Judicial Review.
Any person aggrieved by an administrative decision of a Hearing Officer on
an administrative citation may obtain review of the administrative decision by filing a
petition for review with the Municipal Court in San Luis Obispo County, per Government
Code Section 53069.4.
Section 2. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Atascadero hereby declares that
it would have adopted this Ordinance and each section, subsection,'sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more section,
subsection, sentence, clause, phrase or portion may be declared invalid or
unconstitutional.
INTRODUCED at a regular meeting of the City Council held this
day of , 1997 and PASSED AND ADOPTED at a regular
meeting held , 1997 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
RAY JOHNSON, MAYOR
ATTEST:
MARCIA TORGERSON
CITY CLERK
5
000IL 72
{
I
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C-1
Through: Robert Grogan, City Manager Meetingdate: 5/13/97
From: Brady Cherry, Director of Community Services /
SUBJECT:
Long Term Financial Support of the Charles Paddock Zoo
RECOMMENDATION:
Increase zoo admission cost by $.50 for all ages, and 'explore voter
approved funding measure to sustain zoo operations.
BACKGROUND:
The Charles Paddock Zoo has been operating in Atascadcro Lake Park
since 1955, when Charles Paddock, a County Park Ranger began
adopting injured and/or orphaned animals. In 1979' the City of
Atascadero became incorporated and the Zoo and Lake Park came under
® the jurisdiction of the City. Since that time, the City has
supported Zoo operations.
Today, modern zoos are being reinvented. The old cages popular in
Charles Paddock's day are being razed, and replaced with exhibits
that are similar to the animals' natural habitat: Zoo captive
breeding programs give species a chance to avoid extinction that
threatens so many animals in the wild. Modern zoos ',do more than
entertain families on sunday afternoons, they educato and are the
best hope for the survival of many animal species. However,
operating by todays modern zoological standards requires more
resources than ever.
In recent years, city funds have not been sufficient to support all
the needs and services of the Charles Paddock Zoo. '+, The Charles
Paddock Zoo has one of the smallest operating budgets !of any zoo in
the United States.
DISCUSSION:
The Charles Paddock Zoo is at a critical cross-roads. For the past
4 or 5 years, the zoo's operating budget has not been sufficient to
meet the increasing demands of operating a zoo in the 901s. The
zoo was first accredited by the American Zoo and Aquarium
Association (AZA) in 1991. During the 1996 accreditation review,
there were concerns regarding current staffing levels and long-
term, stable base of financial support for zoo operations.
0001'73
Zoos all across the United States are facing similar problems.
Securing sufficient funds to manage to living collection and
provide for new growth and development is a universal concern among
zoo professionals. With a few notable exceptions, most zoos in the
United States have been owned and operated by local government. As
zoos faced reduced financial support from the governing authority,
they sought ways to increase their operating budgets by developing
and expanding programs of earned revenues, increased. fund raising
and community support.
In the past five to ten years, many zoos have changed their
governing authority. With a few exceptions, zoo operations are
becoming the responsibility of an already established non-profit
organization such as our own "Zoological Society of San Luis Obispo
County" .
In many cases, this involves a joint partnership where the City
continues to own the land and buildings, and the daily operations
are handled by the non-profit organization. There are an endless
variety of operational strategies and each facility is slightly
different. Most institutions continue to receive general fund
support from their former governing authority. The new governing
authority is then responsible for daily operations and future
development. The community still has a facility for outdoor
science education and enriched recreational experience, but the
former City operator is no longer responsible for a continually
increasing zoo budget. A recent survey of AZA zoos revealed over
53% of AZA zoos are now "society" operated.
The Charles Paddock Zoo is a member of the American Zoo and
Aquarium Association (AZA) and accredited by the organization. It
is important that the Charles Paddock Zoo maintain its accredited
status with the AZA to obtain animals, raise funds effectively and
ensure high animal care standards.
In addition, many promotional opportunities are available to us
through the AZA. In the past year, the Charles Paddock Zoo
participated in cooperative promotions with Borden Cheese, Sierra
Antifreeze, Ralston Purina, and others.
AZA accreditation means a zoo meets professional standards and has
credibility-as a zoological institution. In October, 1996, the AZA
Accreditation Commission tabled the Charles Paddock Zoos'
accredited status (see attached letter) primarily due to funding
issues.
FISCAL IMPACT:
Depending on the specifics of any of the funding options chosen to
support zoo operations, the Charles Paddock Zoo needs to increase
its budget by approximately $150,000 annually to continue to evolve
as a modern zoological institution.
0003'74
POSSIBLE REVENUE ENHANCEMENT OPTIONS
FOR THE CHARLES PADDOCK ZOO
The financing options described below incorporate a wide range of
techniques typically available to agencies to pay for public zoos.
INCREASE ZOO ADMISSION FEES:
Zoo admissions fees were last increased in May, 1995. This option
has inherent appeal because those who visit the Zoo';: are asked to
pay more of the costs to operate it. However,, increasing
admissions too much may actually have an adverse affect on
attendance. Many people believe that current Zoo prices, set at
$2.50 for adults, $1.50 for children (3-15) , and $1.75 for seniors
(65+ years) , make the zoo a bargain. A $.50 increase would raise
an estimated $30,000. This assumes that attendance levels remain
somewhat constant.
REQUEST OPERATIONAL SUBSIDY FROM THE COUNTY OF SAN LUIS OBISPO:
While a good case can be made for the County to provide financial
support for the Zoo as a facility of regional benefit;, the reality
• is that this will take the support from at least three (3) members
of the Board of Supervisors. Unofficially, County Staff have
indicated that an operational subsidy from the County for the Zoo
is "unlikely" . Merely sending a letter requesting financial
support will not be sufficient. Correspondence, has been sent to
Supervisor Ryan from our Mayor, with letters of endorsement from
the Society. Telephone calls to the Supervisors will also be
necessary.
PRIVATIZATION OF THE ZOO:
Privatization could be a very attractive option. Public-private
ventures are successful in some zoos across the country.
The obvious choice would be the San Luis Obispo Zoological Society.
The Society must have the willingness to implement this option.
Also, of equal concern is the Society's capability for operating
the Zoo. It is the opinion of all that the Society does not
presently have the financial or managerial ability to take over
operations of the Zoo from the City. However, if thi1s option were
indeed feasible, it might be very desirable.
The City of Atascadero has been approached by Mr. Mike Phillips
regarding a public/private partnership to operate the ;',Zoo. Support
from the Society, organizational conditions, terms of ''agreement and
political support remain uncertain at this time.
•
0001'75
SAN LUIS OBISPO COUNTY ZOOLOGICAL SOCIETY TO BECOME A MORE ACTIVE
FUNDRAISING INSTITUTION:
The Society is the Zoo's most important private sector partner.
The Society could help the Zoo more if it raised more funds.
Memberships and gift shop sales alone are not sufficient to sustain
the Zoo into the future. Fundraising must become a more prominent
activity of the Society. For this to happen, the Society's Board
makeup and goals must be reexamined.
BUILD A FAST FOOD CONCESSION AT THE ZOO:
A snack bar/fast food concession in the Charles Paddock Zoo could
be a tremendous asset. Some market research must be done before
serious plans are made. However, staff believes this is a
promising option. The concept lends itself well to a public-
private venture. A fast-food operation could potentially have a
building designed to serve the visitors inside the Zoo and the Lake
Park/Highway 41 visitors outside the Zoo grounds. Financing could
be pursued via a bank, general revenue bond, or lease-purchase
arrangement. Zoning and the Zoo Master Plan would have to be
changed.
ASSUME DIRECT OPERATION OF GIFT SHOP AND ZOO MEMBERSHIPS SALES:
These are the Society's two primary revenue sources. What the
Society donates to the Zoo comes largely from these two sources.
The City would have to incur some expenses to run the Gift Shop
directly and sell memberships. The net gain for the Zoo might be
greater than the Society's current level of financial support.
This is not now being recommended due to the potential harm to the
crucial City-Society relationship. However, it remains an option
that could be explored if necessary.
ENDOWMENT FUND:
An endowment fund could be started to use interest from the fund
for maintenance and operations. The principal would not be used.
A major fundraising campaign would need to raise a substantial
amount of money for the endowment fund to be a valuable tool.
Fundraising activities have not been a strong element in the past.
OBTAIN CORPORATE SPONSORSHIPS:
Corporate sponsorship could be very beneficial to the Zoo and
potential sponsors. This option is presently being pursued by City
Staff. Corporate sponsorships are found more typically in larger
metropolitan zoos due to greater market exposure to potential
customers. A disadvantage of the Charles Paddock Zoo is its small
size and geographically remote location from large population
centers and larger corporations. Despite the limitations of the •
Zoo's size and location, Staff is drafting a sponsorship policy and
will mount a campaign to attract sponsorships.
4
000176
DONATIONS:
The City of Atascadero is very reliant upon volunteers financial
donations, and goods and special services provided at little or no
cost. These efforts are crucial and integral to the City's service
delivery system.
Volunteers donate thousands of hours per year in the 'way of labor,
monetary support and special services. These individuals, groups
and businesses allow the Community Services Department to offer the
highest quality facilities and services possible while minimizing
the cost.
GRANTS:
Grants from Federal and State agencies, foundations and
corporations may provide funds for eligible Zoo ';services and
facilities. Matching funds for grants with City resources can be
a challenge. Grant-writing, research, and administration is often
time consuming. Staff time is presently very '', limited for
grantsmanship. State and Federal grant sources have also dwindled
over the years, and remaining sources are difficult to find and
very competitive. The Society has had no success thus far in this
area. Grants are not usually reliable for maintenance and
operations.
GENERAL FUND:
At the present time, the City of Atascadero's General Fund is
extremely weak. Budget cuts in the General Fund for Fiscal Year
1996 - 1997 are expected to exceed $500,000.00. ; Given this
condition, the current General Fund support for parks and
recreation services and Zoo is relatively small. The City's
General Fund dollars for the Zoo, are unlikely to increase.
Without new revenues for the Zoo from somewhere, the Zoo's
operations may be fatally compromised.
Several taxes could be used to finance Zoo services including the
existing Transit Occupancy Tax (TOT) and a utilities Tax. The TOT
may be particularly appropriate for the Charles Paddock Zoo. Both
of these tax sources would go into the General Fund. The City does
not currently have a Utility Tax (as does San Luis Obispo and
Arroyo Grande) . Implementing a Utility Tax would require a vote
(2/3) .
DEVELOPMENT FEES:
This is a fee paid by developers for new construction'to offset the
impacts of development on public facilities. Examples would be
fire, police and park impact fees. Currently, park impact fees
that are collected are earmarked to pay off the construction
• C.O.P. Is for the Pavilion. Developer fees collected 'j are less than
other comparable agencies. The fees should be adjusted regularly.
The fees should also be spent in the general area where they were
• 0001'7'7
collected, thus, the Zoo may be ineligible. Political support for
increased development fees is unlikely.
GENERAL OBLIGATION BONDS:
The City's voters could approve a General Obligation Bond to
finance needed park or facility improvements with a 2/3 majority
vote. This option should be considered as a means to pay for a
major share of capital improvements and rehabilitation of the
City's public facilities. Examples: seismic retrofit of City
Administration Building, Zoo improvements (including gift shop
expansion, fast food concession, new exhibits) , Lake Park
improvements, etc. If approved, the bond would be repaid by an ad
valorem tax override.
REVENUE BONDS:
The City may use revenue bonds to pay for development of facilities
that generate revenues from user fees or concessions. This
technique would most appropriately apply to a fast food concession
at the Zoo, a swimming pool/water park, paddle boat rentals
concession, etc. The bond is paid back through revenues from
development.
LEASE PURCHASE:
The City could prepare specifications for a needed park project and
take steps to have it constructed by a private company or
authority. The facility is then leased by the municipality at an
annual or monthly rental. At the end of the lease period, title to
the facility can be conveyed to the City without any future
payments. Possible projects for Atascadero could include stadium
park amphitheater, Zoo concession, driving range/golf center,
swimming pool, etc.
CREATE MAINTENANCE ASSESSMENT DISTRICT FOR ZOO:
Using the Landscaping and Lighting Act of 1972, the City Council
could create a Park Maintenance District for the upkeep of the Lake
Park and Zoo (until November 1996) . These funds could be used only
for maintenance of these facilities. Property owners would be
assessed an annual fee which could be determined based upon how
much needs to be collected to supplement the General Fund's
subsidy. Public education and political support must be strong for
an assessment district to be a viable option.
SALES TAX OVERRIDE:
A one-half cent tax override, if approved by the voters, could be
used to help fund the Charles Paddock Zoo (2/3 voter approval) .
C:\wp51\LN\CCBrady
• 000178
AMM A
1
E
OCT - 7 1996
1 October 1996 `
NCRICAN ZOO AND
�UARIUM ASSOCIATION `
lice of Ms. Claudia Collier, General Curator
:mbershipServices Charles Paddock Zoo
;Iebay Park 9305 Pismo Street
heeling,wv 26003 Ataseadero CA 93422
1:304.242.2160
x:304.242.2283
Dear Claudia:
During its meeting in Honolulu, Hawaii, on 16-17 September 1996,
the AZA Accreditation Commission voted to table the accreditation
materials of the Charles Paddock Zoo because several issues need to be
resolved prior to continuation of accreditation. Such issues include
developing a plan to care for and handle aged animals now being
• maintained, securing a formal contract for veterinary services,
increasing staff to an appropriate level, and securing additional funding
to accomplish future improvements. Even though the Commission has
considerable concerns regarding the Charles Paddock Zoo,; we feel that
you are particularly well-qualified to address them.
Tabling may remain in effect for up to one year. However, we urge
you to address the above issues, as well as all of the items of concern
noted in the visiting committee reports, as soon as possible.
Once your institution has addressed these concerns, please provide
the AZA Office of Membership Services in Wheeling with a detailed
report on how those concerns were addressed. They will circulate your
report to the Commission, who will determine if a follow-up inspection
will occur. You will be kept apprised of these matters. The Commission
will formally act upon your institution's materials, including the follow-
up report (if required), at either its 1997 midyear or annual meetings.
•
000179 n
1424 as the A,tr.can Assooabon n:100109IC31 Parks and AQuanur•rs to sonnnr.,r.emberchgr e.ceAenee in Conservation edueatr:r ;r,:?ner•,and recreation 5r, 5u..aw
Ms. Claudia Collier
1 October 1996 .
Page 2
We sincerely appreciate your cooperation in this matter and your continued
pursuit of excellence in your institution's operations. Should you have any
questions, do not hesitate to contact Accreditation Coordinator Joyce Wolen, Bob
Wagner, Incoming Commission Chairman Clayton Freiheit, or me. We are
providing copies of the reports to Amy Takata.
Sincerely,
�usaZnEngfer, Retiring Ch an
Accreditation Commission
SE/jkw
Copies to: Ai-Ay Takata, City Manager
Tom Otten, AZA President •
J. Stephen McCusker, AZA Immediate Past President
Sydney Butler, Executive Director
Robert Wagner, Chief Administrative Officer
Linda Boyd, Director of Membership Services
Accreditation Commission, Visiting Committee
i
000180
AMERICAN ZOO AND AQUARIUM!
ASSOCIATION
MANAGEMENT / MARKETING
SURVEY
1997: REPORT #1
APRIL, 1997
Thomas V. Galdabini
Research and Planning
000181
TABLE OF CONTENTS
INTRODUCTION I
THE SURVEY RESPONDENTS I
OPERATING BUDGETS 3
GOVERNMENT SUPPORT 3
ALLOCATION OF FUNDS TO MARKETING 5
MEMBERSHIP 6
DEVELOPMENT 8
ANEVIAL ADOPTION PROGRAMS 9
ANIMAL HANDLING BY VOLUNTEER STAFF 10
HORTICULTURE 10
FOOD SERVICE 1 I
VISITOR FIRST AID 13
MARKETING STRATEGIES 14
OPERATIONAL CONCERNS 15
000182
s
REPORT SUMMARY
Of the 76 member institutions in the 1997 information-sharing surveys, 70 responded to the first
questionnaire mailing. The makeup of this group is similar to those in the previous two years of
the surveys. Last year's participants suggested the inclusion of questions on a wide range of
topics, and most of these were covered in the January questionnaire.
• For zoos having under '/2 million in annual admissions, the average 1997 operating budget is
about $3 '/i million. For zoos with over a million visitors the average is $28;.4 million, and
for aquariums it is $14 million.
• Half of the participating zoos and one in five aquariums are managed by government and, on
the average, they receive 54 percent of their operating budgets from government sources.
The average level of government support for facilities managed by non-profit or private -
organizations is 26 percent. -
• The typical zoo spends 5.6 percent of its operating budget on marketing; the corresponding
proportion spent by aquariums is 6.4 percent. A comparison with earlier survey data
suggests that marketing budgets have risen by 12.5 percent over the past two years.
• The majority of institutions sponsor the several standard categories of membership
(individual, senior, family, etc.) and sponsor a number of categories unique to those
facilities. Typically, about three-fourths of the members join in the $30 to $40 categories.
Sixty-one percent of the zoos and 100 percent of the aquariums employ membership
coordinators (average salary= about $30,000).
• Fifty-six percent of zoos and all of the aquariums employ development officers, with an
average salary range of $47,000 to $54,000. Among the duties of these people is the
maintenance of charitable remainder trusts, but only 65 percent of zoos and 56 percent of
aquariums offer these vehicles. Those which do have them have received substantial
after-death donations (average over two years= about $'/2 million for zoos and $1.3 million
for aquariums).
• More than four in five zoos and one in three aquariums have Animal Adoption programs.
• Half of the zoos and 11 percent of the aquariums allow animal feeding (primarily domestic
and farm species)by visitors.
• Almost all of the facilities permit the handling of at least some animals by volunteer staff.
• Eighty-nine percent of the zoos and 67 percent of the aquariums employ personnel for
horticultural care. Except for the largest zoos, there are typically 3 full-time and 1 to 3
part-time staff employed.
000183
• There are a number of options used for management of on-site food service and little
consistency among the participants, except that zoos managed by non-profit organizations
tend to favor in-house management and tend to have the highest profit margins (average for
all facilities=31 percent).
Most of the smaller institutions have vending machines on their grounds, but only 37 percent
of the larger ones do.
• Sixty-three percent of the zoos and 78 percent of the aquariums have hands-on first aid
available for visitors, and most provide this on a year round basis.
In addition to the data summarized above, the participants listed their highest priority marketing
strategies and their most pressing operational concerns for 1997. This shared information can be
helpful in stimulating thought and conversation within the institutions' management teams.
t 000184
I
g
AZA-MANAGEMENT/MARKETING SURVEY
1997 REPORT#1
INTRODUCTION
The AZA Management/Marketing Survey is a means by which zoos and aquariums throughout
North America share information regarding their operations and external factors which affect
them. The Association encouraged participation in this effort to develop a data Mase which would
be useful to its member institutions. The 1995 through 1997 questionnaires were prepared by
Tom Galdabini, consultant to the project, based upon the suggestions of participants and with.
help from three zoo directors/managers (Mary Marlowe Leverette, Tom Otten, and Kathryn-
Roberts), along with Kristin Vehrs, Deputy Director of the AZA
This report covers the findings of the first 1997 survey. The second questionnaire will be sent in
July of this year. A total of 70 institutions replied to the mailing, representing 92',percent of the
project participants (total 76) and a very significant proportion of the major zoos and aquariums
in North America, as measured by attendance totals. Individual institutions are not identified in
this report, in order to maintain the confidentiality of their responses. However, so that "like to
like" comparisons can be made, the institutions are grouped according to size of operating
budgets and other defining characteristics. Where these distinctions are relevant to a better
understanding of the information they are discussed in the analysis.
The calculation of"averages" is employed throughout the report. These are arithmetic means of
the responses to questions calling for numerical answers. In general, the averages exclude those
institutions which did not respond to particular questions...some because the questions did not fit
their particular circumstances. The financial data provided by Canadian institutions has been
converted to US currency at the rate of$0.75 per Canadian dollar.
One difficulty in attempting to summarize information for so many zoos and aquariums is the
difference in the ways these institutions collect and record internal information. For the most part,
however, the responses are compatible with one another. Where they are not reconcilable, certain
answers are not included in the totals or averages.
THE SURVEY RESPONDENTS
The institutions cover the spectrum of size and other characteristics. The subgroups into which
they have been divided for this review are balanced quite evenly, and most are lame enough to
allow comparisons. Although there was some change in the respondent base, the make-up of the
total group has remained quite consistent through 1995, 1996, and 1997.
1 000185
PARTICIPATING IN
STITUTIONS
Total: First 1997 Survey (70 institutions = 100%)
Region:
Northeast and Canada 14%
Midwest 31
South 29
West 26
Recent Annual Paid Admissions:
Under 200,000 28%
200,000 to 500,000 32
500,000 to 1 million 27
Over 1 million 13
Management of Main Operations:
Local/State government 46%
Nonprofit or private 54
Type of Institution:
Zoo 87%
Aquarium 13
Akron Zoo Houston Zoo Riverbanks Zoo
Alexandria Zoo Indianapolis Zoo Sacramento Zoo
Audubon Institute(Zoo/Aquarium) Jackson Zoo St Louis Zoo
John Ball Zoo Jacksonville Zoo San Antonio Zoo
Baltimore Zoo Kansas City Zoo Santa Ana Zoo
Greater Baton Rouge Zoo Knoxville Zoo Santa Barbara Zoo
Beardsley Zoo Little Rock Zoo Sedgwick County Zoo
Bermuda Aquarium The Living Desert John G. Shedd Aquarium
Brandywine Zoo Los Angeles Zoo Steinhart Aquarium
Caldwell Zoo Louisville Zoo Toledo Zoo
Central Florida Zoo Marine World Africa USA Topeka Zoo
Chaffee Zoo Memphis Zoo&Aquarium Metropolitan Toronto Zoo
Charles Paddock Zoo Miami Metrozoo Virginia Zoo
Cheyenne Mountain Zoo Milwaukee County Zoo Www Aquarium
Cincinnati Zoo&Botanical Park Minnesota Zoo Metro Washington Park Zoo
Cleveland Metroparks Zoo Monterey Bay Aquarium Wildlife Conservation Society(Zoo/
Columbus Zoo New England Aquarium Aquarium)
Dakota Zoo New Jersey St Aquarium: Camden The Wilds
Detroit Zoo Northwest Trek Wildlife Park Roger Williams Park Zoo
Dickerson Park Zoo Oklahoma City Zoo Woodland Park Zoo
Fort Wayne Children's Zoo Phoenix Zoo Zoo Atlanta
Fort Worth Zoo Pittsburgh Zoo
Glen Oak Zoo Gladys Porter Zoo
Great Plains Zoo&Museum Pt.Defiance Zoo&Aquarium
Micke Grove Zoo Reid Park Zoo
2
000186
OPERATING BUDGETS
Although the 1997 participating institutions differ somewhat from those which were part of the
surveys in 1995 and 1996, most of the defining characteristics of the two groups correspond
reasonably closely. Last year's first report compared average operating budgets'for zoos and
aquarium in 1995 and 1996. In 1996 the average among zoos grew to $6.03 million from $5.52
million in the previous year(a 9 percent increase). Among aquariums the average grew from
$10.2 million to $10.5 million, representing a 3 percent increase.
In 1997 the average operating budget among all of the participating zoos is $7.29 million,
representing an increase of 20 percent over the average reported by participating zoos in 1996.
The average 1997 operating budget for participating aquariums is $14 million, which is an
increase of 33 percent. It is likely that the change between 1997 and 1996 averages is due in part
to the difference between the two years' enrollment.
AVERAGE 1997 OPERATING BUDGETS OF PARTICIPATING INSTITUTIONS
ZOOS: ZOOS: ZOOS:
Admissions Admissions Admissions Over AQUARIUMS
Under '/z Million '/z to 1 Million 1 Million
Budget Under
SIMM 22% 0% 0% 0%
Budget$1 MM-
$3MM 47% 6% 0% % 22%
Budget Over
$3MM 31% 94% 88% 67%
No answer 0% 0% 12% 11
Avera2e $3.47 million $10.31 million $28.39 million $14 million
GOVERNMENT SUPPORT
In recent years many institutions have reexamined their ownership and management arrangements,
primarily because of government's decreasing capacity for support of their facilities and
programs. The 1995 Management/Marketing Survey found that about one-third of the
participating institutions had recently changed their forms of management or were considering
such changes.
Among the 1997 participants, half of the zoos and one-fifth of the aquariums are managed by
government, and the remainder are managed by non-profit or private organizations (about the
same proportions as among the 1996 participants). Overall, the average level of government
support for zoos' operating budgets is 41 percent. It is lower for aquariums, at 26 percent. Well
over half of the funds for operations, therefore, must come from earned revenues and private
fundraising.
` 3 000187
The zoos with the smallest operating budgets tend to be those which receive the highest levels of
government support. The average among zoos with budgets of under $5 million is 7 percent
support, and the average among zoos with larger budgets is 33 percent.
PERCENTAGE OF OPERATING BUDGETS SUPPORTED 13GQVERNM'NT.
Institutions Managed Institutions Managed By
No Government By Government Non-profit or Private Organizations
Support 6% 21%
Support up to
20% 9% 37%
Support 21%to
35% 21% 29%
Support 36%to
50% 27% 11%
Support over
50% 37% 2%
Avera a 54% Government Support 26% Government Support
The institutions also were asked about the levels of government which they rely upon for this
financial assistance. Over half of the zoos and about one in five aquariums receive support from
the cities in which they are located. About one in three of both types of institutions receive
support from their counties.
Governmental Organizations Which Provide Support:
For Zoos For Aquariums
Cities 55% 22%
Counties 31 33
States 10 11
Park Districts 6 11
Other 8 33
4
000188
ALLOCATION OF FUNDS TO MARKETING
On the average, zoos spend 5.6 percent of their operating budgets on marketing, including
personnel and advertising, but not membership or development. This is very similar to the data
reported in April, 1995. Among the participating aquariums the average is slightly higher, at 6.4
percent. There is a tendency for larger institutions to spend more on marketing and for smaller
institutions to spend less, as proportions of their operating budgets.
The institutions were also asked for their actual 1997 marketing budgets, not including pro bono
or in-kind donations. The overall average for zoos is $460,000, weighted heavily',by the
expenditures made by the largest zoos. For aquariums the average is $743,000. The 1995
findings showed the average marketing budget among all institutions to be $416,000. A
comparison of the averages suggests that marketing budgets have increased by 12.5 percent over
the two years and that most of this increase was evidenced among the largest institutions and/or
those in the non-profit or private sectors.
PROPORITQNS OF,OPERATING BUDGETS
=SPENT ONZA,RKETING Fa r
Budget Budget $1 Budget
Average: Under$1 to $5 Over Aquariums
All Zoos Million Million $5 Million
Allocation to 5.6% 3.9% 5.4% 6.4% 6.4%
Marketing
Average Size of $460,000 $20,600 $127,400 $825,100 $743,300
Marketin Budget
The 1995 findings among a similar group of institutions also indicated that the typical funding
allocations within the marketing budgets were:
Staff 38%
Advertising 43%
Promotions 17%
The smaller institutions tended to allocate relatively high proportions of these budgets to staff,
and the largest institutions direct relatively high proportions to promotions and events.
•
5 000189
MEMBERSHIP
All except one of the institutions are supported by membership organizations. Some of the
participants in last year's surveys were interested in obtaining details about the membership
categories offered by their counterparts. Because of the wide differences among institutions, in
this regard, compilation of these data is somewhat imprecise. This is especially apparent in the
table below, indicating that 70 percent of the institutions offer unique categories of membership
(e.g., Safari Club, Family Fun, Teacher, Samson's Circle, etc.)
Categories of Membership Offered
Proportion of Institutions
Child or student membership 14%
Senior membership 32
Grandparent membership 33 -
Individual membership 76
Individual +guest membership 65
Family membership 92
Sustaining membership 37
Sponsor membership 34 .
Benefactor membership 23
Business membership 4
Other, special categories 70
Relatively few institutions have memberships costing less than $20 per year, and slightly over one
in four have no memberships costing less than $30. Nearly all of them have at least one
membership category costing over$50 annually.
Annual Dues of Memberships Offered
Proportion of Institutions
Under$20 9%
$20 to $30 59
$31 to $40 17
$41 to $50 29
Over$50 93
The general pattern is that about one-third of the institutions' memberships are obtained in the
lowest price category (average dues=$24.49), and about three-fourths of their memberships fall
into the next higher bracket (average dues= $36.46).
i
6 000190
M Sixty-one percent of the zoos and all of the aquariums participating in 1997 employ membership
P Y memP
coordinators or persons with similar titles. The average annual salaries of these employees are
shown below. The averages among institutions managed by government and by private
organizations are similar(overall average= $31 - 32,000), but they are lower among those
managed by non-profit organizations (overall average= $27,000).
y ugh
r
AVERAGE ANNUAL SALARY O) MEMBERSHIECOQRDINATOR
f r
Budget Budget $1 Budget
Average: Under$1 to $5 Over Aquariums
All Zoos Million Million $5 Million
Employ a Membership 61% 33% 71% 72% 100%
Coordinator
Annual $28,000 $16,000 $25,300 $32,850 $32,56.0
Salary
7 000191
DEVELOPMENT
Fifty-six percent of the zoos and all of the participating aquariums employ a development officer
or someone with equivalent duties. Average salaries for these employees are higher than for
membership coordinators. The pattern among government, non-profit, and private institutions is
the same as described above.
`AVERAGE AAiNUAL SATIARY OF.b9VELOPMENT OFFICER
Budget Budget $1 Budget
All Zoos Under$1 to $5 Over Aquariums
Employ a
Million Million $5 Million
Develo ment Officer 56% 33% 61% 69% 100%
Average Annual $46,970 $29,330 $37,730 $56,960 $53,780
Salary
One responsibility of development officers in many institutions is the promotion and maintenance
of programs for charitable remainder trusts, bequests, and/or similar types of(after death)
donations. Among many of the institutions which have such development instruments, the gifts
have been substantial. Over half of the participating zoos and aquariums have this kind of
program, and the average received through these types of donations (among those receiving any),
over the past two years, is $555,000.
GSARITABLE �]1i14ZA�NDERTRUr z�
.. - .. :,, Y`s„+s-• a,, rttc r. OGFtAMS
ANDS�,R
Budget Budget $1 Budget
All Zoos Under$1 to $5 Over Aquariums
Million Million $5 Million
Have C.R. Trusts or
Similar Programs 65% 33% 58% 78% 56%
Average Donations:
Two Years. $455,400 $79,300 $323,800 $751,700 $1,293,600
•
8 000192
ANIMAL ADOPTION PROGRAMS
Another means for fund development among many institutions is the"Adopt An Animal"
program. More than four in five of the zoos and one in three participating aquariums have animal
adoption programs. Descriptive data regarding these programs are shown in the following table.
w Ay
a .y iINlALADOPTIO1UROGRAMS
Budget Budget $1 Budget
All Zoos Under$1 to $5 Over Aquariums
Million Million $5 Million
Have Adoption 84% 78% 83% 75% 33%
Programs
Average Number of 15 12 17 15 6 -
Adoption
-Adoption Categories
Average Annual Fees $22,38 $18.13 $23.00 $24.11 $35.00
for Lowest Category
Average Annual Fees $2,415 $406 $1,607 $3,522 $1,167
for Highest Category
ANIMAL FEEDING BY VISITORS
Exactly half of the zoos and only 11 percent of the aquariums allow visitors to feed any animals at
their facilities. The highest proportion allowing this practice are among the smaller facilities, and
only about one-third of those with more than 500,000 visitors annually permit animal feeding.
The animals at facilities where feeding is allowed are mainly domesticated species'.
Animals Which Visitors Are Allowed To Feed
Goats (15) Rabbits (1)
Fish(12) Chickens(1)
Waterfowl, ducks (10) Pigs(1)
Sheep(6) Deer(1)
Llamas, alpacas(4) Lorikeets (1)
Farm animals, general (4) Peacocks(1)
Giraffes (2) Seals, sea lions(1)
9 000193
ANIMAL HANDLING BY VOLUNTEER STAFF
Nearly all of the facilities allow volunteer staff to handle at least some species. The smaller
institutions are somewhat more likely than the larger ones (or the aquariums) to employ this
practice.
PRACTICES REGARDING VOLUNTEER STAFF '
x
Budget Budget $1 Budget
All Zoos Under$1 to $5 Over Aquariums
Million Million $5 Million
Allow No 11% 0% 12% 11% 22%
Handling
Handle only a 0% 50% 45%
_
Few Species
53% 78% 5
LHandle Several
S ecies 36% 22% 38% 39% 33%
USE OF PUBLIC ADDRESS SYSTEMS
About three in four of the zoos and aquariums, irrespective of size, make use of public address
systems at their facilities. The systems are used for the purposes listed below.
Proportion of Institutions
Emergencies 57%
Paging guests 38
Staff communications 13
Announcements of events programs 13
Zoo closing 10
Music and/or background for events 4
Animal demonstrations and "keeper talks" 3
Guest information 1
Don't have/don't use P.A. system 27
HORTICULTURE
Nearly nine in ten(89 percent) of the zoos and two-thirds of the aquariums have personnel
responsible for horticulture. On the average, zoo grounds contain about one garden for every
four acres of land. The responses of those facilities responsible for horticultural care are shown in
the table on the following page.
10
4 000194
HORTICULTURE AT ZOOS AND AQUA�t][UMS
Budget Budget $1 Budget
All Zoos Under $1 to $5 Over Aquariums
Million Million $5 Million
Have Personnel 89% 67% 83% 92% 67%
Responsible for Hort.
Average Number of 9 3 3 12 3
Full-time Staff
Average Number of 5 1 3 7 7
Part-time Staff
Average Number of 88 22 37 130 37
Acres
Average Number of 24 12 9 28 4
Gardens
FOOD SERVICE
Participants in the two 1996 surveys suggested that this year's study include a number of
questions concerning food service. One of these asked about any new food or beverage items
which have been popular at the various facilities. Respondents listed the following items (number
of mentions in parentheses):
Popular New Food or Beverage Items
Frozen slushy drinks, ices (9) Bottled water(8) Pretzels (7)
Salads, salad bar(4) Large/ seasoned French fries (3) Lemon Chill (3)
Foot long hot dogs (3) Pizza(3) Chicken tenders (2)
Deli bar/R sandwiches (2) Grilled chicken breast (2) Hamburgers (2)
Soups (2)' Sipper containers(2) Luigi's Italian Ice (2)
Anything in remote carts (2) Lemon Quench Powerade
Frozade Soft drink machines (cans) Fudge
Chips(Frito Lay) Packaged cotton candy Fries (Boardwalk)
Turkey sandwiches McDonald's Animal pretzels
Ice cream Veggie burger Peppers
Kids' meal with surprise Southwest menu items Funnel cakes
Arctic Blast Souvenir popcorn tubs Cappuccino
Flavorburst (ice cream flavoring) Fresh fruit smoothies Cuban cuisine
Ben& Jerry's ice cream Mrs. Field's Cookies Fresh-baked cookies
Flintstone Rock Pops
11
000195
There is little consistency regarding the management of on-site food service operations. Th
largest proportion of zoos manage these facilities with in-house staff, and the majority of the
aquariums use outside contractors. The options do not appear to be related to the size of the
facilities, but they may be related to the type of overall facility management. Zoos managed
mainly by government or by private organizations tend to favor outside contractors, and those run
by non-profit groups tend to favor in-house staff management of food services.
MANAGEMENT OF ONSITE FOODSERVICE
Facility Facility Facility
All Zoos Managed by Managed by Managed Aquariums
Government Non-Profit Privately
In-House 40% 24% 53% 40% 22%
Support
Organization 19% 33% 9% 0% 22% -
Outside
Contractor 34% 39% 30% 60% 56%
Other 3% 3% 3% 0% 0%
None/No
Answer 4% 1% 5% 0% 0% .
The respondents also were asked about profit margins on food service (revenue minus cost,
including taxes). Most zoos and aquariums were able to provide this information, although some
facilities which employ outside contractors were not. Overall, the average profit margin among
the institutions is 31 percent, and those which manage their food service themselves have the
highest returns.
Average Profit Margin on Food Service
Food Service Management:
All Facilities In-House Society Contractor
Profit Margin 31.2% 38.0% 29.4% 22.9%
Vending machines also were of interest to some of last year's participants. Most (69 percent) of
the smaller institutions have machines available to the public, but only 37 percent of those with
more than 500,000 paid admissions have them. Only one of the five zoos managed by private
organizations have vending machines.
4 12 000196
ON SITE VENDING�MACHINES
Admissions Admissions Admissions
All Zoos Under 1/2 '/z to 1 Over 1 Aquariums
Mllion Million Million
Have Vending 65% 69% 56% 37% 44%
Machines
Items Sold in On-site Vending Machines
Proportion of Institutions With Machines
Soft drinks 93%
Candy 25
Packaged snack items 23 -
Novelties (unspecified) 18
Animal food (ducks, fish, other) 7
Juice, fruit drinks 7
Penny squasher 5
Mold-a-matic, Moldarama 5
Bottled water 2
20 oz. non-returnable bottles 2
Film and cameras 2
Photos 2
Beverages in cups 0
VISITOR FIRST AID
About two-thirds of the zoos provide hands-on first aid to visitors, and most of them have this
available throughout the year. The larger institutions are most likely to provide this service to
visitors.
.;ya, .s •r ae y ro<s:Y ::� �r^� .`<- a� ':-".' s Hrs�z'�a"i5t' _ .F 'yc�="< T*'rr e'.. 4-s.r. � +s....+.,.t
a. ...war ���:.� - '�u,•3-{r.�. ' �. f�vYr:'w`�.�� '"� �n r.,� 'w, ,.,....,.�r��` _ ,r ti .4-:r'x'' $^ +
Budget Budget $1 Budget
All Zoos Under$1 to $5 Over Aquariums
Million Million $5 Million
Do Not 32% 44% 46% 14% 12%
Provide
. Provide in 5% 11% 4% 3% 0%
Some Seasons
Provide All 63% 45% 50% 83% 78%
Year
13 00019'7
MARKETING STRATEGIES
Two "open-end" questions_were asked at the end of the questionnaire, and the first of these
inquired about the institutions' highest priority marketing strategies in 1997. The responses are
listed below, grouped generally by topics and followed (in parentheses)by the number of
respondents citing them. Although these data are not amenable to tabulation, the responses may
stimulate thought about managers' own priorities and highlight some shared concerns.
Highest Priority Marketing Strategy
Attendance generation (14)
Increase the number of tourist visitors(3)
Increase year-round attendance
Increase attendance with opening of new facility and sustain the increase
Reduce time between visits through ongoing communication in support of"must see"
events/exhibits, ultimately leading to increased attendance. -
Increase large group sales events and consignment tickets through outside sales effort
Open new exhibit area and related publicity/marketing(I1)
Promote special events and temporary exhibits (3)
Promote a new lion exhibit, along with an image campaign
Drive attendance through promotion of special exhibit and new "high profile"animals
Idents special exhibits to bring to the zoo annually
Sponsor promotions to increase admissions revenue
Improve image (3)
Promote general awareness of the zoo and its amenities(3)
Paid television advertising(2)
Increase the reach and frequency of advertising
Effective communication regarding fun and excitement available at the facility
Launch multimedia advertising campaign to establish brand identity(local and regional mkts.)
Create attendance-building advertising campaigns that build upon our positive image
Extend visitor reach into New England region through PR, broadcast, outdoor, &print adv.
Position facility as a place for adventure, new things to do
Promote the zoo as a fun family activity
Concentrate on local market
Extend our marketing reach to a two-hour radius, or statewide (2)
Increase advertising in newly-developed areas
Increase advertising of educational opportunities
Get features on weekly Tv shows
Promote the zoo's 40th anniversary, through public service announcements/events
Develop comprehensive marketing plan
Market in-house services
Market our "new zoo"(new Master Plan, new foundation, new logo, etc.)
Increase sponsorship revenues
14
000198
Build marketing sponsorships to generate revenue and in-kind promotional support in efforts
to advertise the Zoo
Develop cooperative marketing agreements with other facilities and corporations
Increase membership (4)
Send direct mail membership promotion to underrepresented areas(2)
Expand capital campaign/growth
Redevelopment financing
Hire a marketing development officer
Hire a new PR/Marketing Director
Increase the variety of menu products
OPERATIONAL CONCERNS
In the same vein as the above, the respondents were asked about their most pressing operational
. concerns or problems in the coming year. Again, the replies to this question may help provoke
thought and new ideas for this year's participants.
Most Pressing Operational Concern
Generate revenue sufficient to meet budgetary needs(6)
Increase revenue and support for zoo operation (3)
Reach attendance and budget goals;plan for the future -staffing, salaries, etc.';
Control escalating payroll
Manage income and control costs
Expand programs, while balancing the budget
Fund operating expenses
Increase fundraising
Increase per capita sales in revenue centers (2)
Deal with growing cost of animal care,particularly contract veterinary services and animal feed
Control cost of veterinary care
Improve visitor services(3)
Assure visitor satisfaction and safety while construction is underway
Continue a quality level of customer service, while being fiscally responsible
Create a supportive structure for raising customer service to the next level
. Recruit and retain seasonal stafffor visitor services(e.8.,food,parking, custodial) (3)
Hire quality seasonal staff
Maintain adequate staffing in all departments(3)
Maintain adequate staffing to supervise capital projects I zoo operations(2)
15 000199
Reduce turnover/maintain qualityin animal ca
re staff(2)
Deploy staff to additional new exhibit
Stay within budget for part-time workers
Compete for entry workers from increasing development in this area
Repair /improve infrastructure (3)
Maintain older areas of the zoo,particularly the graphics(2)
Construct new exhibit area
Open new exhibit area
Maintain operational flexibility during construction period and ensure a smooth transition to
new facilities, computer systems, and expanded services
Establish a new food service facility
Expansion
Renovate filtration system
Manage sewer separation project
Reduce public wear on hands-on graphics and landscapes -
Cope with lack of parking(2)
Control traffic flow and visitor control, in relation to new exhibit opening(2)
Provide better transportation for guests inside the Zoo
Increase attendance (4) •
Control declining attendance
Maintain high attendance
Diversify our visitor base
Deal with dwindling tax support(3)
Government request for Society to pay more operational costs
Reduce the number of required `free days"at the zoo
Down size mammal collection
Become a separate city department
Privatize
Transition to nonprofit management(from state)
Assume responsibilityfor food concessions
Move toward implementation of new Master Plan
Manage information systems
Deal with lack of education space
Clam roles of support groups
•
16 000200
ECONOMIC DEVELOPMENT
hen Martin Chavez grams. At the same time, zoo manages plays corrode and crumble even before-
was elected mayor of have been turning to savvy marketing the 1989 earthquake damaged a monkey
Albuquerque, lie didn't campaigns and other money-making pro- island exhibit built in 1937. "The city's
build his platform around motions to cover the rising costs of breed- priorities tire elsewhere," says Peggy
working with the People's ing and maintarining wild animals. Burks,the San Francisco Zoological Soci-
Republic of China to save Baltimore and Chattanooga are among ety director."It had not been able to pro-
snow leopards and Man- the cities that have built modern aquaui- vide for die zoo for many years."
churi<zn cranes.But if taxpay- urns to help anchor urban redevelopment Around the county, zoo-keeping costs
ers approve a bond issue this efforts, while other communities have have risen'',apace just as taxpayer revolts
fall, a few years from now the city's Rio begun investing heavily in upgrading sharply lin*ed what city and county gov-
Grande Zoological Park will be running a their zoos by building naturalistic "land- ernments have been willing to spend on
$5 million captive-breeding and exhibit scape immersion" exhibits, experiment- upgrading zoo facilities. With municipal
facility for some of China's budgets so tight, "it's just very
most threatened wildlife. The ; ; ,,s ; difficult for a traditional zoo to
Chinese government will send 1,� y I .,! ,,; get enough resources to com-
the animals, but Albuquerque sttr,�; ` , ,: pete,"notes J.Michael Rice,an
will pay the bills. :ato:M,t s.. architect and planner for Zoo-
The planned breeding facil- t.tir r;, t ,;-, , logical Planning Associates, a
ity certainly would enhance fan Wichita, Kansas, consulting
the Albuquerque zoo's pres- a.,,.> firm. Breeding and caring for
tige. But city officials think it rare and vulnerable wildlife
would also make a big contri- can be a round-the-clock task,
button to the zoo's bottom line, and animals don't usually get
drawing another 300,000 or so sick or give birth at times that
visitors a year to what is fit into the eight-hour days that
already New Mexico's third- govermnent work rules dictate.
largest public attraction.Those Cumbersome government
visitors will pay $4.25 each to purchasing procedures can
get in, not to mention the Sometimes interfere with tak-
money they will leave behind ing good care of animals. Sev-
«MA
or soft drinks and T-shirts. AP,. oral.years ago, when a giraffe
Preserving Chinese species " = developed an overgrown hoof,
: ;
might seem ambitious for a city San Francisco zoo officials
government whose 385,000 realized that the animal would
constituents live in the New �� be lame before the city could
Mexico desert halfway around g complete the six- to eight-
the world from Beijing. The month-long procurement
Chinese wildlife facility is still process and build a chute to
in the planning stages, and hold the animal so the condi-
Chavez has scaled back initial To survive in the '90s, urban zoos tion could be treated. At the
funding for the project. But are taking on new roles—and pity's request, the zoological
over the past 15 years, Albu- society took on the task and
querque has been building a finding new ways to pay the bills. got it done in six weeks.
first-class zoo that's already These days, a community
playing a role in international B Y TOM M A R R A N D A L E ran get a black eye if it tries to
wildlife conservation. "Fora simply maintain an old-fash-
city our size, we have a phe- ioned zoo with a few concrete
nomenal zoo," Chavez says. "It makes a ing with scientific breeding techniques and steel cages housing"postage stamp"
really strong statement about our city." and joining international wildlife conser- collections';of everything from anteaters to
In many cities, maintaining a zoologi- vation campaigns. zebras.A decade ago,embarrassed Atlanta
cal park has long been a matter of mune- officials forced the municipal zoo director
ipal pride. But as public interest inhe new zoo mission is admirable, out after Twinkles,a popular but arthritic
wildlife conservation has grown, those Tbut it also may be beyond the 12-year-old elephant,died after being sold
venerable public institutions are taking means of some municipal govern- to a travelling circus. Reports also surfaced
on new roles in conserving endangered ments that are struggling to come up with that employees had dined on surplus ani-
wildlife and educating the public about funds just to mow the grass and replace mals.When things like that happen,it's no
environmental problems. Over the past tennis court nets at other parks and recre- wonder many environmentalists and ani-
two decades, city and county park ager- ation facilities.At the San Francisco Zoo- mal-rights'activists condemn keeping wild
cies have spent millions of dollars to retia- logical Gardens, for instance, attendance creatures in captivity just so families can
bilitate aging zoos and aquariums and plunged over the past five years because entertain their children on Sunday after-
launch conservation and education pro- city officials had let Depression-cra dis- noon with an outing at the zoo.
38 GOVERNING July 199,5
000201
shot d(Avn in 1991 when it approved a charge on telephone hills to help reduce heat away from the legislature for these
15-cent monthly surcharge on telephone costs for low-income people, among decisions."
bills to help reduce the cost of serving other things. The fee, about 1.5 percent She concludes, however, with a
low-income families. Two months atter of basic charges and toll calls, took effect reminder that even in the midst of the cur-
the charge took effect, the legislature last October, though not without a sus- rent telecommunications revolution,there
rescinded it amidst a public outcry. Law- twined attack from lawmakers who are limits. She had to draw the line, for
makers did agree to let rate-payers make drubbed it as an unjustified new tax. instance, at Libby Creek, a small settle-
voluntary contributions. But that pro- "People who opposed it used the T-word ment snuggled in a rugged valley on the
gram raises only about $1 million a all the time," says Peter Blum, policy eastern slope of the Cascade Mountains.
year—little more than the 15-cent sur- analyst for the state Public Service The nearest telephone lines are 8.4 miles
charge would have produced every Board. away,and the lowest bid from a telephone
month. New York's utility commission opted company to serve the dozen or so house-
On the other hand, some states have to freeze basic residential rates while holds would have required a monthly
managed to handle the subsidy issue introducing competition. Then, to ease charge of$259—and even that assumed
without such turmoil. Massachusetts reg- the transition further, it approved an heavy subsidies could be obtained.
ulators, for example, have allowed basic aggressive "lifeline" program, helping Nelson says the Washington commis-
local rates to rise from about $2.50 a families that meet certain income ehgibil- sion has searched high and low for
month to $10, while rates for toll calls ity requirements pay their phone bills. It cheaper alternatives. But technology so
have declined by a like amount. Despite now is reviewing ways to make inter- far has offered no answer. Satellites can't
the fears of some that such an increase industry subsidies more explicit and beam into the steep and narrow canyon,
would lead some people to drop their evenhanded. and it would cost almost$700,000—more
phone service, "the effect on universal In Washington State, Chairwoman than $50,000 per household—to build a
service has been nfl,"says Kenneth Gor- Nelson also believes some measures may tower high enough to serve wireless
don,chairman of the Department of Pub- be necessary to ease the transition to phones.
he Utilities and a strong advocate of com- rates that reflect costs more accurately. Libby Creek can't afford that price tag,
petition. She doesn't expect the rebalancing deci- and residents remain cut off. Periodically,
And the Vermont legislature just last sion to be popular, but notes, `The com- they express their frustration to the utili-
year authorized a universal service mission was set up to take some of the ties commission in Olympia—by mail. la
1 ',•�.dtL^y y� tri � 22t �-
.
� 1 �'S2,iv) '�"• a` C ' , t n I ) �'+�` '3 <'' ,� i ; '�{*z.7
te5'it6 jt t�. = �����3.i�}Y � x,gar} ,'�' �1 -f_%„"�r•„�,i. , ,,,. ,� s� y � .
rF ti' ' g�: t.,.e. ,±.v;�.3 7"`��~ I t !r:�' ,fiI_?y�'' ,,.,,yfi' ` .` •:'i"fitux"�o rjF° t .
t Stf 7t:t of f.'
i ' t ^- �..aru.�.��;n •s:i q,l.- ttii,' x t":- tH +. -7f it t
einven in Gove .nment" i ..more tli'
rr t 9=
k. ���' l .r *s 1(iCh •Al"� 4 [' � �� ,?
u� k fix of: �
x�sing�p � blems. � F T� r�
.1 ¢ � yS.)+ .
m3 rI .,,'f ct Fa tsci gy�4 �
o c leve e e a noes ane iv r ritlud
' Gy+►r., rfitt3i i{spa ...r �. .a
ti Im rovement:praces is essenha�i z x�$
r{ Ota i i?� ��3 f! ♦.Strat IC p aflnin � ti ars
gg �� ��
r o t;'fhetGroup„awl er In quahty� Inga moclel`fop e llhon
tlirtia, ge�rient principl has`dev`eloped 'r� :Map ing'Y-9.t
�� .. . r
t,yproc ss reenglrieenng; rogram specific ly ♦ Provl iti value add h�
{o r ,.
- -r•_. ..
`t}'. `g �ent;age+aci s 1 ' iz : trtr) �tRPr« s,aaislrvuk;
r L� ”! rtJ-af ail,: z n .� �rrr)rr r s..
rF �s ands-cxrworksho s
4Ihi�esw.wachccil
;, ti4t a:t v rf, n,. arrAL • and ullding`#eamy�o � y
tools re�ces,,and t hni ues at will - t
t9x atilt rx, qi,,- trt� ♦ Em wering employ
help ovaimSI, ve corn unication ower
r r.. �u r,rksr ., r r ,� � r rn s ir::,c fr, get.r sultsa:' •'ti'
r ',,,.res and move k bureaucra to
r e.+a4rc i°s l,'� r L n , c, :,tat, Meet n natlonCll
NO
cam a customer drive govemment g c f
x0.0412 a cf:.OWN ,.,,r'�:S)ttJ 0Y,_; >, f,� x. ,.aped crr{ance re fjew Y
.rec
'
or end atlOflSi1
r�,'t ti i, tr.{stl 3: iY. IV
i i 7. lt.vlern•ilt 3etii , !)i;- i+i)
:i.,f nk iJ?,jJ i.7; Yhj�rti'u FOrrmofe,lnfo atlOn
?n t-wo I. r' ,f ihr:
call The S . . tGroup today ati703-41.525 1,;
let us,1 ielp,you answere'mandate:for,; .
r, STAT•A•M/� R1X,�� '"'re; :quality gover ment l";,.• .
covERNMErrr , r
—11TTTffersan ams 11gh ay, u,a OO,Irfi o , ,rg,nla 222132
Brussels Budapest•Detroit•t onjon•Ottawa 0 Sao Pa to•Tokyo•Washingt
Not that there isn't plenty of denia nd cards and other niercha ndise. The San meat of some die country's most notable
lothat kind of entertainment. Alto- Diego Zoo licenses a top-selling (,D-* municipal zoos. The New York Zoologi-
ther, American zoos draw more than iiOM computer game alwut wild animals, cal Society has long nun the Bronx Zoo;
110 million visitors a year—more than and officials arc t yin-, to renegotiate die two years ago,the San Francisco board of
die combined annual attendance at baser royally agreement to boost revenue supervisors agreed to turn management
ball, football and basketball games. More beyond tic $50,0(x) the zoo took in last of die city's troubled zoo over to the local
and more, however, zoos are competing year frons sales of tic gaune. zoological society under a five-year lease
with sports, movies, anuisentent parks, arrangement. Massachusetts Governor
public museums, civic symphonies and Aft my it handful of zoos cost as much William F. Weld pushed through state
privately owned wildlife "saf tri" parksits San Diego's to nm. But die time legislation in 1991 that set up a Common-
for the public's support and the con- U is ending when many city park wealth Zoological Corporation to manage
sumer's spare-time dollars. agencies could afford to operate zoos free two Boston zoos and raise funds for a$45
Big-time zoos and affiliated million capital improvements
zoological societies now aug- program.
ment their budgets by publish- In a typical arrangement,
ing magazines, conducting the-city government keeps
summer camps, organizing ownership of the zoo and its
concerts and other events,and �'r" • facilities and helps cover oper-
guiding wildlife viewing safaris - atin$ expenses. The nonprofit
to Africa and South America. zoological society or corpora-
Many are courting support tion'owns the animals, keeps
from local businesses and civicgate receipts and concession
groups and inviting prominent revenues, and drafts plans for
citizens to join zoo society zoo improvements. San Fran-
boards of directors. "They've _ =" x ciscp provides $4 million a
become more like a sym- - year to help operate its zoo,
phony, an opera, or an art and the city has also issued$26
museum as places you can put ' ' million in bonds to replace
6eour effort," says Phoenix Zoo earthquake-damaged pipes
rector Warren Iliff,who for- and make other improvements
rly headed the Dallas zoo. in the zoo's utility systems.
Even such venerable attrac- The,society has taken on the
tions as Chicago's Brookfield job of raising $30 million for
and Lincoln Park zoos, the renovating displays.
Smithsonian Institution's "Our first priority was get-
National Zoological Park in ting our cats out of an awful
Washington, D.C., and the .�'x�� shabby row of cages," Burks
Bronx Zoo in New York City _-4'�, reports,and the society last fall
have mounted sophisticated opened a new $2 million
marketing campaigns to draw ' ' exhibit for lions, tigers and
more visitors and their dollars. other big cats. It is demolish-
The heavily promoted San ing'' the damaged monkey
Diego Zoo hosts 3 million visi- island and replacing it with a
tors a year, ranking third new exhibit depicting cloud
behind Disneyland and Uni- ' ' • . • forests and other South Ameri-
versal Studios as a Southern t 111111111can'habitats.
California tourist attraction. For badly rundown zoos,
That's how the zoo pays most of its of charge for the pleasure of their resi- going private Xray offer the only hope for
bills.The Zoological Society of San Diego, dents. Just 11 U.S. zoos, including the renewal. Atlanta's 40-acre zoo got lost in
a nonprofit organization, operates the popular parks in St. Louis, Chicago and the shuttle in the 1960s while the city
city's 100-acre zoo in Balboa Park and an Washington, D.C., still offer free admis- parks agency built a stadium for new pro
affiliated 1,800-acre Wild Animal RA 30 cion. Coverall, zoos now depend on gov- baseball and football teams. Fixing
miles away at Escondido. It costs$90 mil- ernment appropriations to cover less than Atlanta's zoo threatened another drain on
lion a year to run both facilities,and it city half of their operating costs. In many the city budget,so in 1985 the city turned
property tax levy enacted in 1935 covers cities, nonprofit zoological societies have it over to Zoo'':Atlanta, a nonprofit corpo- �
just 3 percent of the budget. Another 10 begun shouldering die load of raising the ration that began thoroughly overhauling
0cent conies from donations and mein- funds to upgrade outmoded facilities,add the facility.Terry Maple,a renowned.pri-
rship fees,so die society must make up ucw attractions and undertake ambitious inate specialist, was brought in as the
the remaining $78 million frons $1:3 wildlife con.scrvation projects. zoo's president and chief executive offi-
admission fees, special promotions, food (;oing it step further, oonpiofit loci- cer. Attendance has quadrupled, and
and chink sales, T-shirts, a ninial trading ctics have takcu o%•er div-to-day ma lmQg membership, in the organization has
Phufogmphti'Doha,v,fWtldhjrTrwh',�(:on,p,", b" ri„p). hddhl,r July 1995 G 0 V E R N I N G 39
000203
grown tenfold. The Zoo Atlanta budget attendance beyond a million people and that directors believe will-give visitors
has jumped to$9.3 million fi-om$850,M) di aw even more tourist dollars to the city. more insight into wildlife and conserva-
a year,while a$1.4 million annual operat- This fall, Chavez'administrahon plans to tion issues. "We don'twant to be a St.
ing subsidy fi-om the city was terminated ask city voters to approve selling Louis or a Chicago zoo," says Jan
two years ago. $500,000 in bonds to get the project Schweitzer,who has managed the Peoria
But even some scientifically trained started. zoo for the past 13 years. "What we're
curators and other zoo professionals have ti-ing to do is make ours unique, where
reservations about nonprofit manage- round the country, zoos remain people can get up close and personal
ment. Some zoos learn to operate eflec- Ahad
popular enough that cities have with the animals."
tively within government bureaucratic little trouble in recentears But zoo experts xperts say some communities
constraints, they say, while zoological persuading taxpayers to finance improve- that are unwilling to spend the time and
society volunteers are more likely than ments. But to keep attendance growing, money to upgrade their zoos might be
mayors and city council mem- better off shutting them down
bers to meddle in management altogether. Few zoos earn
decisions. "Some people get enough to cover all expenses,
on the board for 10 or 15 years and zoo planners say a facility
and they think they know how must serve a market with at
to run a zoo," complains one least 500,000 people to have a
zoo curator fi-om the Midwest. chance to ever become self-
Some municipal govern- supporting. "There are some
ments split management with zoos that have lost their base,"
zoological societies;others _ notes Rice, the Wichita zoo
have shifted control from parks consultant. "The zoo-going
departments to special zoo public has gotten a lot more
agencies. Topeka, Kansas, is sophisticated, and they're less
considering a proposal to ere- 1111 511 willing to put up with what
ate an independent zoo agency would have been acceptable
modeled on airport authorities. P
_ just a couple of years ago.
Four years ago, when Mont-
gomery, Alabama, committed closed its shabby zoo a decade
$5 million in bond money to ago. When Bridgeport, Con-
expand its six-acre zoo to 40
acres, the city created a sepnecticut,faced bankruptcy dur-
a- - ing the 1980s, officialsrnnsid-
rate zoo department that consid-
ered closing the city's decrepit
finances most operations 30-acre Beardsley Zoological
through an enterprise fund `• Gardens, the only remaining
that channels gate receipts and - zoo in the state. But the Con-
other revenues directly back necticut Zoological Society,the
into management. zoo's volunteer affiliate, per-
That arrangement "makes suaded the state legislature to
the people who work in the chip in$4 million for new rain-
zoo a lot sharper," says the forest and hoofed-animal
zoo's director, Bill Fiori. exhibits, and officials began
Employees can see that caring working closely with Bridge-
for animals and keeping the - - port teachers to integrate field
grounds clean pay off by draw- trips into local school ing more visitors,thus increas- curricu-
lums. Attendance has climbed
ing the funds they have to operate with. zoo managers figure they need to add from 150,000 to 200,000 visitors a year,
The number of annual visitors has new exhibits every few years that will and improved facilities qualified the park
jumped from 140,000 to 300,000 since draw previous visitors back. That's often for accreditation from the American Zoo
the zoo expansion was launched in 1990, beyond the fiscal reach of some small and and Aquarium Association.
and visitor revenues cover$1.6 million of even medium-sized communities, so offs- Operating the Beardsley zoo still costs
a $2 million annual budget. When Fiori cials may need to rethink what they want the city$1.2 million a year,and that's only
surveys the zoo parking lot, half of the to accomplish with their zoo collections. partly offset by charging adults $4 and
visitors come fi-om other Alabania coon- Davenport, Iowa, has considered a pro- children $2 for admission. Even so, "no
ties and from Georgia and Florida. posal to turn its zoo into an outdoor class- one is talking about closing the zoo now,"
Albuquerque's zoo now draws 7(X),(XH) room operated jointly with an adjacent says Lisa Tryon,-who was hired six years
visitors a year. Zoo managers figure that natured Inistrnx- nurseunn. The Peoria, Illi- ago as the Connecticut society's first paid
building the proposed eight-acre Chinese noir, Park District recently ruled out director. "Every city in the country has
breeding facility, designed to resemble a nrovilig its cramped seen-acre Glen(trek financial problems, but zoos have to find
rural Chinese village, could boost annual Turk zoo, but is dr:dtint;a$Z million plan ways to work around them." IB:
40 G 0 V E R H I H G Juty 1995 l'c h. ,,:,t,e u/the 1—logi-I Smit(Y oJSan Diego(top):the Aforago 06
2016
4
MEMORANDUM TO CITY COUNCIL AGENDA ITEM: C-2
DATE: 5/13/$7
Through: Robert Grogan,Interim City Manager
From: Brady Cherry,Director of Community Services Ae&
SUBJECT: Briefing and status report of Rotary Club Project to install pedestrian
lighting around Atascadero Lake.
RECOMMENDATION: Status report only. Provide direction as may be appropriate.
BACKGRUOND•
At a Public Hearing on June 15, 1995, the Parks and Recreation Commission held a public
hearing on a proposal from the Atascadero Rotary Club to install 50 pedestrian lights
around Atascadero Lake. After mixed public testimony, the Parks and Recreation
Commission ultimately acted to recommend the project to the City Council with certain
conditions. The conditions included lighting the footpath through the Lakt.Park between
the Pavilion and the Zoo parking lot first, having the lights around the Lake go off each
night at 10:00 p.m., making some minor improvements to the path around the Lake by
increasing it's width to a minimum of 4'ft. in all areas and having-the Rotary Club pay for
the energy costs for the first two years.
On July 11, 1995, the City council also held a public hearing to consider the approval of
the Lake Lighting Project. After the staff report, public testimony and discussion, the City
Council voted to approve the project with the conditions suggested by the Warks and
Recreation Commission. Permit fees wee waived and the staff was directed to work with
the Rotary Club on the exact placement of the lights by attempting to locate standards
near property lines as much as possible to minimize impacts on homeowners.
DISCUSSION
Since the lighting project's approval in the Summer of 1995, the Rotary Club has hired an
electrical contractor and, the lighting of the pedestrian path through the Lake Park
between the Zoo and Pavilion has been completed. Many of the approximately 50 lights
to be installed around the lake have been sponsored by members of the community. The
Rotary has been working on the plan for placement of the lights, and they intend to run the
electrical conduit around the lake and install the bases after the exact placement is
finalized. Atascadero Mutual Water company has volunteered to help with the trenching.
Many of the lights sponsored are in specific locations. Therefore, the Rotary Club intends
to install those lights first. (Rather than begin the project in one location and complete the
project in sections.)
000205
During the last couple of months awareness and concern about the Lake Lighting Project
has increased among property owners living near the Lake. Of particular concern is the
exact placement of each light and how it may affect each property owners view. Other
concerns include potential glare into homes. The Rotary Club has made an earnest effort
to located lights on property lines and remain open to attempt to create a lighting plan that
is acceptable to as many residents as is practically feasible.
It is important to remember many residents living near the Lake do not want to see the
lights go in at all. Some of the issues communicated to the staff by residents include the
following:
-There are too many lights. Essentially, fewer lights would affect fewer lake front
homeowners.
-The approval process is flawed. Detailed plans should have been presented to the
City in advance. All normal permits will be issued by the Community Development
Department when the Rotary submits the usual required material to that department.
-A survey, soils test and EIR should have been performed for the project. I have
been informed by Community Development Staff that these things are neither necessary
nor required.
-A couple of lights will be located in the setback area due to narrow areas around
the Lake. One or two people have raised the issue. This is difficult to avoid.
-The City cannot afford the ongoing energy cost-this was dealt with in 1995 by having
the Rotary pay for the energy costs for two years.
-Issues such as the lights enhancing or detracting from the character of the Lake, the
color of the standards and the option of installing other types of lights were discussed in
1995 when the original decision to approve the project was made. These are very
subjective issues which are difficult to address given the assumption that people will
invariably disagree about such matters.
It is staffs intent to proceed with the project unless directed otherwise by the City
Council. Staff will make every effort to accommodate the location of the lights with the
homeowner's concerns in mind. However no matter how hard we may try, we cannot
guarantee that with approximately 50 lights to install that some will not be offensive to
someone living around the Lake.
000206
MEETING AGENDA
PATE 51J-IL ITEM! .F_2,...�
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: ROBERT F.GROGAN,INTERIM CITY MANAGER
FROM: 'STEVEN I-DECAMP,ACTING DIRECTOR
SUBJECT: INFORMATION REQUEST
DATE: APRIL 14,1997
At the March 3, 1997, City Council meeting, Councilman Carden requested that copies of
his comments relative to economic incentives made at the time of the adopltion of the City's
Economic Development Element be made available to the Council. Those comments are
attached to this memorandum.
At a recent meeting of the Economic Round Table, Greg Goodwin of the Economic
Vitality Corporation (EVC) discussed the role he might play in the development of an
economic strategic plan for the City of Atascadero. I believe that the economic
development incentives proposed by Councilman Carden would best be considered in the
context of an overall economic development strategic plan for the city. Pethaps the
Economic Round Table and EVC could discuss the feasibility of preparing;such a plan at an
ERT meeting in the future.
Attachment
c: City Council
4/18/97
This information is being disseminated at this time. It wild be placed on
a City Council agenda when Councilman Carden returns from hips vacation.
ROKRT GROGAN
000207
Exhibit K
Submitted by Councilman Carden
CC 3/28/95
Recommendation: '
Page x-1, para. B, line 45-46 Delete
(replace with ERT recommendation)
B. Municipal Policies to Promote & Sustain
Economic Development
Page x-2, lines 27-29 (replace the following actions with ERT
recommendation)
The following policies are hereby adopted by
the City Council of Atascadero as part of the
Economic Development Element of the
General Plan to improve the local economy:
Page x-3, line 9 Replace "...friendly..." with "...oriented..."
Page x-3, line 11 Replace "...friendly..." with "...oriented..."
Page x-3, line 16 Replace "...friendly..." with "...oriented..."
Page x-4, line 11 Add:
Goal - Expand employment opportunities for
those Atascadero residents who possess a
high school education or less.
Objective - Create specific job training,
vocational and educational programs which
will increase the employability of our
population who possess a high school degree
or less in order to increase their employability
and respective household median income.
Program -1n conjunction with Cuesta College,
the Private Industry Council, the Atascadero
Unified School District and the City of Paso
Robles, support the establishment of job
training which is specific to local manufac-
turing and employment needs.
000208
Ptige x-4, line 26 through Delete entire sentence (replace w/R.
Johnson's recommended wording)
i
Page x-4, line 37 Replace"...fiscally possible..."with "...fiscally
prudent..."
Page x-5, line 50-52 Delete
000209
Page x-6, line 1-13 Delete
Page x-6, line 15 Delete the words "Within this boundary.*
and begin sentence with, "The community
should..."
Page x-6, line 20 Place period after ..department stores."
Delete remainder of sentence
Page x-6, line 50-52 Recommend possible deletion covered under
general direction of revitalization of
Downtown core area. .
Page x-7,.line 1-3 See-above comment.
[Follow-up note: I am in agreement with Ray
Johnson's comments.]
000210
The following text may be added to the text of the element or as an addendum. I would
recommend an end date of 1998 to 2000 for these incentives. Iwould also say these are
guidelines to be administered by staff; any requests greater than these shall be sent to the
Council by staff for review and approval/disapproval or modification. I wouldn't want to
institute a General Plan update or any such thing because these incentives are included.
These are intended to be a starting point for discussion.
000211
Page X-3, para. 4, line 47 Add the following: .
Goal - Increase the number of manufacture
jobs by the year 2005
Objective - Create an average of [50-1001
new manufacturing/industrial jobs annually, of
which 50% would most likely be for the
residents of Atascadero.
Create skilled jobs. Of the new manufacturing
jobs, 25% will be skilled jobs which pay a
minimum of (535,000/year] to be indexed
against the CPI as of 1994.
Increase the gross square footage of new
manufacturing/industrial space by at least
(15,000 sq. ft./yr.]
000212
Program The City will aggressively encourage private
. development of the following locations for
industrial/manufacturing development:
The following incentives will be provided to
"new" development:
• A density bonus of will be
provided to those manufacturers who
meet or exceed the above stated
objectives.
• A reduction in fees up to [25%] but not
to exceed (25%] of the estimated
increase in new revenue streams
calculated over a [4-year] window.
• The above apply to new facilities which
occur before the year 2000.
000213
Program • The City will -aggressively pursue t
retention and expansion of existi
manufacturers within the City Oo
Atascadero.
• Implement quarterly meetings between
local manufacturers, the City Manager
and future economic development exec-
utive to provide input to strategies
which would improve the business
environment of existing manufacturing
firms.
• Provide a density bonus of up to [_%]
of manufacturer expands prior to the
year 2000.
• Provide a [_%j reduction in fees if the
salary levels meet the City target and
expansion occurs prior to the year
2000.
All fee discounts apply to the first (350,00
sq. ft.] increase of combined newan
expansion of existing facility.
_ t
•
000214
Pge x-6, line 25 Add:
5. Retention
Goal - The City shall aggressively pursue the
retention and expansion of existing retail and
commercial services within the City of Atasca-
dero.
The following incentives will be provided to
existing retail/commercial businesses who
expand within the City of Atascadero before
the year 2000:
• A 20% increase in signage.
• A 25% decrease in parking require-
ments. (This may be increased to
100% based upon current square foot-
age of sales':.. area, i.e. laydown yard
space that may be covered.)
• A (35%] reduction in fees for the first
25% increase in square footage and/or
(20%] decrease in fees on the remain-
der up to 50°,1'o expansion.
• 000215
x-6, line 24, under in-fill Those retail/commercial who are "targeted"
for infill and meet the requirements set for
in 1. a & b, above, will be provided the follow-
ing incentives_
0 The use will be allowed/pre-approved or
a C.U.P. requirement will be waived.
• A parking density bonus of (_%] will
be allowed.
000216