HomeMy WebLinkAboutCC_2021_05_25_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA
* COVID-19 NOTICE *
Based on the threat of COVID-19 as reflected in Emergency Proclamations
issued by the State of California, County of San Luis Obispo and City of
Atascadero and consistent with Executive Order N-29-20 the City Council
Meeting will not be physically open to the public and City Council Members
will be teleconferencing into the meeting.
HOW TO OBSERVE THE MEETING:
To maximize public safety while still maintaining transparency and public access,
the meeting will be live-streamed on SLO-SPAN.org, on Spectrum cable
Channel 20 in Atascadero, and on KPRL Radio 1230AM and 99.3FM. The video
recording of the meeting will repeat daily on Channel 20 at 1:00 am, 9:00 am, and
6:00 pm and will be available through the City’s website or by visiting
https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA.
HOW TO SUBMIT PUBLIC COMMENT:
Members of the public are highly encouraged to call 805-538-2888 to listen and
provide public comment via phone, or submit written public comments to
cityclerk@atascadero.org by 5:00 pm on the day of the meeting. Such email
comments must identify the Agenda Item Number in the subject line of the
email. The comments will be read into the record, with a maximum allowance of 3
minutes per individual comment, subject to the Mayor’s discretion. All comments
should be a maximum of 500 words, which corresponds to approximately 3 minutes
of speaking time. If a comment is received after the agenda item is heard but before
the close of the meeting, the comment will still be included as a part of the record of
the meeting but will not be read into the record.
AMERICAN DISABILITY ACT ACCOMMOD ATIONS:
Any member of the public who needs accommodations should contact the City
Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48
hours prior to the meeting or time when services are needed. The City will use their
best efforts to provide reasonable accommodations to afford as much accessibility
as possible while also maintaining public safety in accordance with the City procedure
for resolving reasonable accommodation requests.
City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org.
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 and are available for public inspection on our
website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number
once they are approved by the City Council. The Minutes of this meeting will reflect these numbers.
All documents submitted by the public during Council meetings that are either read into the record
or referred to in their statement will be noted in the Minutes and available for review by contacting
the City Clerk's office. All documents will be available for public inspection by appointment during
City Hall business hours. Page 1 of 161
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, May 25, 2021
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
COUNCIL CLOSED SESSION: 5:00 P.M.
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Public Employee Performance Evaluation (Govt. Code 54957)
Title: City Manager
b. Public Employee Performance Evaluation (Govt. Code 54957)
Title: City Attorney
c. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Professional Firefighters, Local 3600;
Atascadero Police Association; Service Employees International Union,
Local 620; Mid-Management/Professional Employees; Non-Represented
Professional and Management Workers and Confidential Employees
4. CLOSED SESSION – ADJOURNMENT
5. COUNCIL RETURNS
6. CLOSED SESSION – REPORT
Announcement(s) of any reportable action(s) taken in Closed Session that occur(s) after the adjournment of
Regular Session will be made at the beginning o f the next Regular City Council meeting as Closed Session is
not recorded or videotaped.
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Page 2 of 161
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Moreno
ROLL CALL: Mayor Moreno
Mayor Pro Tem Newsom
Council Member Bourbeau
Council Member Dariz
Council Member Funk
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this agenda, and the titles
of the ordinances will be read aloud by the City Clerk at the first reading, after the
motion and before the City Council votes.
PRESENTATIONS: None.
A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine
and non-controversial by City staff and will be approved by one motion if no member of
the Council or public wishes to comment or ask questions. If comment or discussion is
desired by anyone, the item will be removed from the Consent Calendar and will be
considered in the listed sequence with an opportunity for any member of the public to
address the Council concerning the item before action is taken.)
1. City Council Draft Action Minutes – May 11, 2021
Recommendation: Council approve the May 11, 2021 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. April 2021 Ac counts Payable and Payroll
Fiscal Impact: $2,405,702.17
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for April 2021. [Administrative Services]
3. March 2021 Investment Report
Fiscal Impact: None.
Recommendation: Council receive and file the City Treasurer’s report for
quarter ending March 31, 2021. [City Treasurer]
4. Traffic Way Sewer Main Replacement Construction Award
Fiscal Impact: Award of the contracts to Specialty Construction and Filippin
Engineering will result in the expenditure of $3,038,610 of wastewater funds.
Recommendations: Council:
1. Award a construction contract for $2,740,040 to Specialty Construction,
Inc. for the Traffic Way Sewer Main Replacement Project (Project No.
C2019W01).
Page 3 of 161
2. Authorize the City Manager to execute a construction contract with
Specialty Construction, Inc. for $2,740,040 for the Traffic Way Sewer Main
Replacement Project.
3. Authorize the City Manager to execute a contract with Filippin Engineering
for $298,570 for construction management and materials testing services
for the Traffic Way Sewer Main Replacement Project.
4. Authorize the Director of Administrative Services to allocate an additional
$1,236,900 in Wastewater Enterprise Fund balance to the Traffic Way
Sewer Main Replacement Project.
5. Authorize the Director of Public Works to file a Notice of Completion with
the County Recorder upon satisfactory completion of the Project. [Public
Works]
5. Appointment of Board Members to the Atascadero Tourism Business
Improvement District (ATBID) Board
Fiscal Impact: None.
Recommendation: Council appoint Corina Ketchum and Tom O’Malley to the
ATBID Advisory Board for the term expiring June 30, 2023. [City Manager]
6. Atascadero Tourism Business Improvement District (ATBID) Annual
Assessment
Fiscal Impact: None.
Recommendations: Council:
1. Approve the ATBID Annual Report.
2. Adopt Draft Resolution declaring intent to levy an annual Business
Improvement District assessment on lodging businesses within the
Atascadero Tourism Business Improvement District, and set a public
hearing for June 8, 2021. [City Manager]
7. Downtown Parking & Business Improvement Area (DPBIA) Assessment
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution, declaring intent to levy the
annual Downtown Parking and Business Improvement Area assessment, and
set a public hearing for June 8, 2021. [City Manager]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation Comments made during Community Forum will not be a
subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Any members of the public who have questions or need
information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00
p.m. at (805) 470-3400, or cityclerk@atascadero.org.)
Page 4 of 161
B. PUBLIC HEARINGS:
1. Proposition 218 Majority Protest Process Relative to Proposed Increase to
Wastewater (Sewer) Rates
Fiscal Impact: Approving staff recommendations will generate an estimated
$530,000 in additional revenue from sewer service charges collected in
FY21/22.
Recommendations: Council:
1. Conduct a public hearing to receive all written and verbal testimony
regarding the proposed wastewater (sewer) rates and consider the results
of protest proceedings in accordance with Proposition 218.
2. Adopt one of the following resolutions certifying the protest results:
A. For a non-majority protest – Draft Resolution A certifying that the number
of valid written protests were not received from property owners
representing a majority of the parcels subject to the proposed rate
increase.
OR
B. For a majority protest – Draft Resolution B certifying that the number of
valid written protests were received from property owners representing
a majority of the parcels subject to the proposed rate increase.
3. If no majority protest exists, adopt Draft Resolution C approving proposed
wastewater rates effective July 1, 2021. [Public Works]
2. Title 9 Chapter 17 (Cannabis Activities & Regulations) Municipal Code
Amendments to Add Non-Storefront Cannabis Delivery Services and
Security Provisions (CPP20-0011)
Fiscal Impact: Staff expects minimal fiscal impact from the adoption of the
proposed Title 9 Chapter 17 Cannabis text amendments and full cost recovery
for review of commercial Cannabis businesses projects. Additionally, the
allowance of the additional use has the potential to increase tax reven ue
generation for the City.
Recommendations: Council:
1. Introduce for first reading, by title only, Draft Ordinance A amending
Atascadero Municipal Code Title 9 Chapter 17 (Cannabis Activities &
Regulations) and determining this Ordinance is exempt from review under
the California Environmental Quality Act, based on findings.
OR
2. Introduce for first reading, by title only, Draft Ordinance B, amending
Atascadero Municipal Code Title 9 Chapter 17 (Cannabis Activities &
Regulations) and determining this Ordinance is exempt from review under
the California Environmental Quality Act, which includes amendment
suggestions discussed by the Planning Commission. [Community
Development]
Page 5 of 161
3. Title 9 Planning and Zoning Text Amendments - Annual Code Update
(ZCH21-0004)
Fiscal Impact: None.
Recommendation: Council introduce for first reading, by title only, a Draft
Ordinance, amending the Atascadero Municipal Code, Title 9 Zoning
Ordinance, Section 9-2.112 Permit Time Limits, Section 9-3.230 Agriculture
and residential district allowable land uses, Section 9-3.262 Property
development standards – RMF, Section 9-3.330 Nonresidential district
allowable land uses, Section 9-3.331 Mixed Use residential density, Section
9-3.430 Public districts allowable land uses, S ection 9-3.500 Definitions,
Section 9-4.107 Side setbacks, Section 9-4.112 Measurement of height,
Section 9-4.113 Height limitations, Section 9-4.128 Fencing and screening,
Section 9-6.103 Accessory storage, Section 9-6.105 Home Occupations,
Section 9-6.106 Residential accessory uses, Section 9-6.112 Farm animal
raising, Section 9-6.113 Interim agricultural uses, Section 9-2.102 General
Definitions, based on findings. [Community Development]
C. MANAGEMENT REPORTS: None.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their own
activities. The following represent standing committees. Informative status reports will
be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Regional Economic Action Coalition (REACH)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Newsom
1. City / Schools Committee
2. Design Review Committee
3. League of California Cities – Council Liaison
4. Visit SLO CAL Advisory Committee
Council Member Bourbeau
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member Dariz
1. Air Pollution Control District
2. California Joint Powers Insurance Authority (CJPIA) Board
3. City of Atascadero Finance Committee
Page 6 of 161
Council Member Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
E. INDIVIDUAL DETERMINATION AND / OR ACTION: (Council Members may ask a
question for clarification, make a referral to staff or take action to have staff place a matter of
business on a future agenda. The Council may take action on items listed on the Agenda.)
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
ADJOURN
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person
may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence
delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be
distributed to the Council and available for review in the City Clerk's office.
Page 7 of 161
ITEM NUMBER: A-1
DATE: 05/25/21
Atascadero City Council
May 11, 2021
Page 1 of 8
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, May 11, 2021
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
COUNCIL CLOSED SESSION: 5:00 P.M.
Mayor Moreno called Closed Session to order at 5:00 p.m.
1. CLOSED SESSION -- PUBLIC COMMENT – None
2. COUNCIL LEAVES TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Professional Firefighters, Local 3600;
Atascadero Police Association; Service Employees International Union,
Local 620; Mid-Management/Professional Employees; Non-Represented
Professional and Management Workers and Confidential Employees
4. CLOSED SESSION – RECESS – until after the adjournment of the
Regular Session
5. COUNCIL RETURNS
6. CLOSED SESSION – REPORT
Mayor Moreno noted that more time would be needed to complete the discussion on the
Closed Session item and that Council would be recessing Closed Session until after the
close of Regular Session.
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Page 8 of 161
ITEM NUMBER: A-1
DATE: 05/25/21
Atascadero City Council
May 11, 2021
Page 2 of 8
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:01 p.m. and Mayor Pro Tem Newsom led the
Pledge of Allegiance.
ROLL CALL:
Present: By Teleconference - Council Members Bourbeau, Dariz and Funk,
Mayor Pro Tem Newsom, and Mayor Moreno
Absent: None
Others Present: None
Staff Present: By Teleconference – City Manager Rachelle Rickard, Administrative
Services Director Jeri Rangel, Community Development Director Phil
Dunsmore, Deputy Public Works Director Ryan Hayes, City Attorney
Brian Pierik, Deputy City Manager/City Clerk Lara Christensen, Public
Works Analyst Ryan Betz, and IT Manager Luke Knight
Following Roll Call, Mayor Moreno called for a moment of silence in honor of City of San
Luis Obispo Detective Luca Benedetti who was killed in the line of duty on May 10, 2021.
APPROVAL OF AGENDA:
MOTION: By Council Member Funk seconded by Council Member Bourbeau to:
1. Approve this agenda; and,
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Presentation – Bike There! May 20-30, 2021 (SLOCOG)
Catalina Hubbard, SLOCOG, gave a brief PowerPoint presentation on the upcoming Bike
There! event.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – April 27, 2021
Recommendation: Council approve the April 27, 2021 Draft City Council
Regular Meeting Minutes. [City Clerk]
3. De Anza Estates Assessment Districts
Fiscal Impact: Annual assessments for 2021/2022 will total $30,562 for
road/drainage system maintenance and $15,875 for landscape and lighting
Page 9 of 161
ITEM NUMBER: A-1
DATE: 05/25/21
Atascadero City Council
May 11, 2021
Page 3 of 8
maintenance. These amounts will be assessed to the owners of parcels in De
Anza Estates. The City General Fund will contribute $1,400 for the fiscal year
2021/2022 for half of the maintenance costs of the trails and open space.
Recommendations: Council:
1. Adopt Draft Resolution A initiating proceedings for the levy and collection
of annual assessments for Atascadero Street and Storm Drain
Maintenance District No. 03 (De Anza Estates) for fiscal year 2021/2022.
2. Adopt Draft Resolution B accepting and preliminarily approving the
Engineer’s Annual Levy Report regarding the Atascadero Street and Storm
Drain Maintenance District No. 03 (De Anza Estates).
3. Adopt Draft Resolution C declaring the City’s intention to levy and collect
annual assessments within Atascadero Street and Storm Drain
Maintenance District No. 03 (De Anza Estates) in fiscal year 2021/2022,
and to appoint a time and place for the public hearing on these matters.
4. Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting Maintenance
District No. 03 (De Anza Estates) for fiscal year 2021/2022 pursuant to the
provisions of Part 2 of Division 15 of the California Streets and Highways Code.
5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer’s
Levy Report for the Atascadero Landscaping and Lighting Maintenance
District No. 03 (De Anza Estates) for fiscal year 2021/2022.
6. Adopt Draft Resolution F declaring the City’s intention to levy and collect
assessments for the Atascadero Landscaping and Lighting Maintenance District
No. 03 (De Anza Estates) for fiscal year 2021/2022. [Administrative Services]
4. Las Lomas (Woodridge) Assessment Districts
Fiscal Impact: Annual assessments for 2020/2021 will total $94,322 for
road/drainage system maintenance and $66,976 for landscape and lighting
maintenance. These amounts will be assessed to the owners of parcels in Las
Lomas (Woodridge). The City General Fund will contribute $2,600 for the fiscal
year 2021/2022 for 25% of the maintenance costs of the trails and open space.
Recommendations: Council:
1. Adopt Draft Resolution A initiating proceedings for the levy and collection
of annual assessments for Atascadero Street and Storm Drain
Maintenance District No. 02 (Woodridge) for fiscal year 2021/2022.
2. Adopt Draft Resolution B accepting and preliminarily approving the
Engineer’s Annual Levy Report regarding the Atascadero Street and Storm
Drain Maintenance District No. 02 (Woodridge).
3. Adopt Draft Resolution C declaring the City’s intention to levy and collect
annual assessments within Atascadero Street and Storm Drain
Maintenance District No. 02 (Woodridge) in fiscal year 2021/2022, and to
appoint a time and place for the public hearing on these matters.
4. Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting Maintenance
District No. 02 (Woodridge) for fiscal year 2021/2022 pursuant to the provisions
of Part 2 of Division 15 of the California Streets and Highways Code.
5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer’s
Levy Report for the Atascadero Landscaping and Lighting Maintenance
District No. 02 (Woodridge) for fiscal year 2021/2022.
Page 10 of 161
ITEM NUMBER: A-1
DATE: 05/25/21
Atascadero City Council
May 11, 2021
Page 4 of 8
6. Adopt Draft Resolution F declaring the City’s intention to levy and collect
assessments for the Atascadero Landscaping and Lighting Maintenance
District No. 02 (Woodridge) for fiscal year 2021/2022. [Administrative Services]
5. Authorizing Temporary Road Closures for 2021 Hot El Camino Cruise Nite and
Colony Days Parade Route
Fiscal Impact: None.
Recommendations: Council:
1. Adopt Draft Resolution A authorizing temporary road closures and
restrictions on August 20, 2021 for the Hot El Camino Cruise Nite.
2. Adopt Draft Resolution B authorizing temporary road closures and
restrictions on October 2, 2021 for the Colony Days Parade Route. [Public
Works]
6. Annexation of the 10850 El Camino Real Subdivision into Community Facilities
District 2005-1, Annexation No. 23 (10850 El Camino Real: Tract 3099)
Fiscal Impact: Assessments for this annexation are estimated to be $42,400
annually, adjusted each year for inflation. Deed restricted affordable units are
exempt from the special tax.
Recommendation: Council adopt Draft Resolution, declaring its intention to
annex territory, into Community Facilities District 2005-1 (Public Services) as
Annexation No. 23 and to authorize the levy of special taxes therein (10850 El
Camino Real: Tract 3099). [Community Development]
7. Approve Parcel Map AT 18-0116 (8559 and 8565 Santa Rosa Road)
Fiscal Impact: None.
Recommendations: Council:
1. Approve Parcel Map AT 18-0116.
2. Reject, without prejudice to future acceptance, a twenty-foot and a thirty-
foot wide offer of dedication for public road purposes on Santa Rosa Court.
3. Accept, on behalf of the public, the offer of dedication for a six-foot Public
Utility Easement, a thirty-foot Public Sewer Easement and Offer of
Dedication for Vehicular Access Rights. [Public Works]
Council Member Funk removed Item #A-2 for separate discussion and vote.
MOTION: By Council Member Funk and seconded by Co uncil Member
Bourbeau to approve Consent Calendar Items #A-1 and #A-3
through #A-7 (#A-3: Resolution Nos. 2021-016 through 2021-021)
(#A-4: Resolution Nos. 2021-022 through 2021-027)
(#A-5: Resolution Nos. 2021-028 and 2021-029)(#A-6: Resolution No.
2021-030).
Motion passed 5:0 by a roll-call vote.
2. Apple Valley Assessment Districts
Fiscal Impact: Annual assessments for 2021/2022 will total $38,500 for
road/drainage system maintenance and $63,000 for landscape and lighting
maintenance. These amounts will be assessed to the owners of parcels in
Apple Valley. Contributions of $11,000 for half the co st of the park will be
Page 11 of 161
ITEM NUMBER: A-1
DATE: 05/25/21
Atascadero City Council
May 11, 2021
Page 5 of 8
made from the City’s General Fund, and an equal revenue source will be
recognized from contributions made by the developer.
Recommendations: Council:
1. Adopt Draft Resolution A initiating proceedings for the levy and collection
of annual assessments for Atascadero Street and Storm Drain
Maintenance District No. 01 (Apple Valley) for fiscal year 2021/2022.
2. Adopt Draft Resolution B accepting and preliminarily approving the
Engineer’s Annual Levy Report regarding the Atascadero Street and Storm
Drain Maintenance District No. 01 (Apple Valley).
3. Adopt Draft Resolution C declaring the City’s intention to levy and collect
annual assessments within Atascadero Street and Storm Drain
Maintenance District No. 01 (Apple Valley) in fiscal year 2021/2022, and to
appoint a time and place for the public hearing on these matters.
4. Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting Maintenance
District No. 01 (Apple Valley) for fiscal year 2021/2022 pursuant to the
provisions of Part 2 of Division 15 of the California Streets and Highways Code.
5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer’s
Levy Report for the Atascadero Landscaping and Lighting Maintenance
District No. 01 (Apple Valley) for fiscal year 2021/2022.
6. Adopt Draft Resolution F declaring the City’s intention to levy and collect
assessments for the Atascadero Landscaping and Lighting Maintenance
District No. 01 (Apple Valley) for fiscal year 2021/2022. [Administrative Services]
City Manager Rachelle Rickard answered questions of Council Member Funk.
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: None.
Mayor Moreno closed the Public Comment period.
MOTION: By Council Member Funk and seconded by Council Member
Bourbeau to approve Consent Calendar Item #A-2. (Resolution Nos.
2021-010 through 2021-015).
Motion passed 5:0 by a roll-call vote.
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke by telephone or through the webinar during Community Forum:
None
Emails from the following citizens were read into the record by Deputy City Manager/City
Clerk Christensen: Mitch Paskin
Page 12 of 161
ITEM NUMBER: A-1
DATE: 05/25/21
Atascadero City Council
May 11, 2021
Page 6 of 8
Mayor Moreno closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS:
1. Title 9 Chapter 17 (Cannabis Activities & Regulations) Municipal Code
Amendments to add non-storefront Cannabis delivery services and
security provisions (CPP20-0011)
Fiscal Impact: None.
Recommendation: Council continue the public hearing to the May 25, 2021
City Council Meeting to allow additional time for drafting and review of
proposed amendments to Atascadero Municipal Code Title 9 Chapter 17
(Cannabis Activities & Regulations). [Community Development]
Community Development Director Phil Dunsmore briefed the City Council on the request to
continue the Public Hearing.
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: None.
Mayor Moreno did not close the Public Comment period.
MOTION: By Mayor Moreno and seconded by Council Member Bourbeau to
continue the public hearing to the May 25, 2021 City Council
Meeting to allow additional time for drafting and review of
proposed amendments to Atascadero Municipal Code Title 9
Chapter 17 (Cannabis Activities & Regulations).
Motion passed 5:0 by a roll-call vote.
2. Weed Abatement – Hearing of Objections
Fiscal Impact: None. Costs of the weed abatement program are recovered
through the assessments charged to non-compliant parcels that must be
abated by the City Contractor. Those property owners who comply with the
Municipal Code are not assessed or charged.
Recommendations: Council:
1. Hear all objections to the proposed removal of vegetative growth and/or
refuse and allow or overrule any objections.
2. Authorize the Fire Chief to proceed and perform the work of abatement.
[Fire Department]
Fire Chief Bryson gave the staff report and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: None.
Mayor Moreno closed the Public Comment period.
Page 13 of 161
ITEM NUMBER: A-1
DATE: 05/25/21
Atascadero City Council
May 11, 2021
Page 7 of 8
MOTION: By Council Member Funk and seconded by Mayor Pro Tem
Newsom to:
1. Hear all objections to the proposed removal of vegetative
growth and/or refuse and allow or overrule any objections.
2. Authorize the Fire Chief to proceed and perform the work of
abatement.
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Downtown Street Tree Renewal Program – Phase 2
Fiscal Impact: None at this time. Staff estimates that it would cost an additional
$10,000 to $15,000 to subsidize FPP costs for commissioned trees for existing
tree wells, however, no appropriation is currently being requested and staff will
evaluate available funding as we move forward and look for potential funding
opportunities.
Recommendations: Council:
1. Receive an update on Phase 1 of the Downtown Street Tree Renewal
Program.
2. Direct staff to initiate Phase 2 of the Downtown Street Tree Renewal
Program and approve the Downtown Street Tree Guidelines. [Public Works]
Following introduction by Deputy Public Works Director Hayes, Public Works Analyst Betz
gave the staff report and answered questions from the Council. Public Works Analyst Betz
noted that an amended Attachment 1 (page 259 of the Agenda Packet) to the Downtown
Street Tree Guidelines was being added.
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: Geoff Auslen
Mayor Moreno closed the Public Comment period.
MOTION: By Council Member Funk and seconded by Mayor Pro Tem
Newsom to direct staff to initiate Phase 2 of the Dow ntown Street
Tree Renewal Program and approve the Downtown Street Tree
Guidelines with the amended Attachment 1 “Street Tree
Replacement Outside of the Downtown Area”.
Motion passed 5:0 by a roll-call vote.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members made brief announcements and gave brief update reports
on their committees since their last Council meeting:
Mayor Moreno
1. SLO Regional Transit Authority (RTA)
Page 14 of 161
ITEM NUMBER: A-1
DATE: 05/25/21
Atascadero City Council
May 11, 2021
Page 8 of 8
Mayor Pro Tem Newsom
1. Design Review Committee
Council Member Bourbeau
1. City of Atascadero Finance Committee
2. Integrated Waste Management Authority (IWMA)
Council Member Funk
1. Design Review Committee
2. Homeless Services Oversight Council
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
Council Member Funk reported filing an appeal on the Dove Creek Mini Storage project,
along with the appeal filed by Mayor Pro Tem Newsom. She noted that her appeal requests
additional information from the applicant with regards to the project.
5. City Manager
Deputy City Manager Christensen discussed and requested Council direction whether or not
to submit position letters to the Legislature on the following Bills:
1. SB 6 (Caballero) Local Planning. Housing in Commercial Zones. – Oppose
2. SB 9 (Atkins) Housing Development Approvals. – Oppose
3. SB 619 (Laird) Organic Waste. Reduction Regulations. – Support in Concept
There was Council consensus to direct staff to draft
position letters on the Senate Bills for
Mayor Moreno’s signature as detailed above.
ADJOURN
Mayor Moreno adjourned the Regular Meeting at 7:36 pm; Council returned to the previously
recessed Closed Session Meeting.
CLOSED SESSION:
Closed Session was reconvened at 7:37 pm and adjourned at 8:30 pm; no reportable action.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
APPROVED:
Page 15 of 161
ITEM NUMBER: A-2DATE: 05/25/21Page 16 of 161
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of April 2021
3994 04/01/2021 ANTHEM BLUE CROSS HSA 8,061.21Payroll Vendor Payment
167190 04/01/2021 ATASCADERO MID MGRS ORG UNION 80.00Payroll Vendor Payment
167191 04/01/2021 ATASCADERO POLICE OFFICERS 1,787.50Payroll Vendor Payment
167192 04/01/2021 ATASCADERO PROF. FIREFIGHTERS 1,027.05Payroll Vendor Payment
167193 04/01/2021 MASS MUTUAL WORKPLACE SOLUTION 6,317.30Payroll Vendor Payment
167194 04/01/2021 NATIONWIDE RETIREMENT SOLUTION 252.03Payroll Vendor Payment
167195 04/01/2021 NAVIA BENEFIT SOLUTIONS 1,685.71Payroll Vendor Payment
167196 04/01/2021 SEIU LOCAL 620 808.24Payroll Vendor Payment
167197 04/01/2021 VANTAGEPOINT TRNSFR AGT 106099 357.85Payroll Vendor Payment
167198 04/01/2021 VANTAGEPOINT TRNSFR AGT 304633 5,006.16Payroll Vendor Payment
167199 04/01/2021 VANTAGEPOINT TRNSFR AGT 706276 321.00Payroll Vendor Payment
3995 04/02/2021 STATE DISBURSEMENT UNIT 467.07Payroll Vendor Payment
3996 04/02/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,087.14Payroll Vendor Payment
3997 04/02/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 28,717.39Payroll Vendor Payment
3998 04/02/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,923.56Payroll Vendor Payment
3999 04/02/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,703.70Payroll Vendor Payment
4000 04/02/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,999.86Payroll Vendor Payment
4001 04/02/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 7,092.02Payroll Vendor Payment
4002 04/02/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,090.02Payroll Vendor Payment
4003 04/02/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 13,383.27Payroll Vendor Payment
4004 04/06/2021 RABOBANK, N.A.46,709.35Payroll Vendor Payment
4005 04/06/2021 EMPLOYMENT DEV DEPARTMENT 13,809.24Payroll Vendor Payment
4006 04/06/2021 EMPLOYMENT DEV. DEPARTMENT 2,507.37Payroll Vendor Payment
167200 04/07/2021 ANTHEM BLUE CROSS HEALTH 190,579.96Payroll Vendor Payment
167201 04/07/2021 LINCOLN NATIONAL LIFE INS CO 1,840.43Payroll Vendor Payment
167202 04/07/2021 MEDICAL EYE SERVICES 1,708.17Payroll Vendor Payment
167203 04/07/2021 PREFERRED BENEFITS INSURANCE 8,596.30Payroll Vendor Payment
167204 04/09/2021 13 STARS MEDIA 249.00Accounts Payable Check
167205 04/09/2021 ADAMSKI,MOROSKI,MADDEN,1,558.50Accounts Payable Check
167206 04/09/2021 AGM CALIFORNIA, INC.1,100.00Accounts Payable Check
167207 04/09/2021 AGP VIDEO, INC.2,512.50Accounts Payable Check
167208 04/09/2021 AIRFLOW FILTER SERVICE, INC.642.10Accounts Payable Check
167209 04/09/2021 AK & COMPANY 1,750.00Accounts Payable Check
167210 04/09/2021 ALPHA ELECTRIC SERVICE 1,633.19Accounts Payable Check
167211 04/09/2021 ALTHOUSE & MEADE, INC.258.75Accounts Payable Check
167212 04/09/2021 AMERICAN WEST TIRE & AUTO INC 918.44Accounts Payable Check
167213 04/09/2021 ANTECH DIAGNOSTICS 100.68Accounts Payable Check
167214 04/09/2021 AT&T 418.48Accounts Payable Check
167215 04/09/2021 AT&T 706.11Accounts Payable Check
ITEM NUMBER: A-2
DATE: 05/25/21
ATTACHMENT: 1
Page 17 of 161
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of April 2021
167216 04/09/2021 ATASCADERO HAY & FEED 2,026.18Accounts Payable Check
167218 04/09/2021 ATASCADERO MUTUAL WATER CO.9,120.40Accounts Payable Check
167219 04/09/2021 ATASCADERO MUTUAL WATER CO.4,458.80Accounts Payable Check
167220 04/09/2021 ATASCADERO MUTUAL WATER CO.3,000.00Accounts Payable Check
167221 04/09/2021 AVILA TRAFFIC SAFETY 292.00Accounts Payable Check
167222 04/09/2021 TERRIE BANISH 132.70Accounts Payable Check
167223 04/09/2021 BASSETT'S CRICKET RANCH,INC.440.71Accounts Payable Check
167224 04/09/2021 BATTERY SYSTEMS, INC.659.92Accounts Payable Check
167225 04/09/2021 BELL'S PLUMBING REPAIR, INC.647.00Accounts Payable Check
167226 04/09/2021 KEITH R. BERGHER 157.50Accounts Payable Check
167227 04/09/2021 BERRY MAN, INC.1,343.00Accounts Payable Check
167228 04/09/2021 BREZDEN PEST CONTROL, INC.535.00Accounts Payable Check
167229 04/09/2021 BUBBLE FUN 250.00Accounts Payable Check
167230 04/09/2021 BUREAU VERITAS NORTH AMERICA 9,824.41Accounts Payable Check
167231 04/09/2021 BURT INDUSTRIAL SUPPLY 206.34Accounts Payable Check
167232 04/09/2021 CA BUILDING STANDARDS COMM.200.70Accounts Payable Check
167233 04/09/2021 CARQUEST OF ATASCADERO 332.10Accounts Payable Check
167234 04/09/2021 CHARLES PRODUCTS, INC.379.81Accounts Payable Check
167236 04/09/2021 CHARTER COMMUNICATIONS 6,961.26Accounts Payable Check
167237 04/09/2021 CHROMATIC COLLECTIVE 2,000.00Accounts Payable Check
167238 04/09/2021 TIMOTHY CLEAVER 200.00Accounts Payable Check
167239 04/09/2021 CLEVER CONCEPTS, INC.47.95Accounts Payable Check
167240 04/09/2021 COASTAL COPY, INC.328.59Accounts Payable Check
167241 04/09/2021 COUNTY OF SAN LUIS OBISPO 162.00Accounts Payable Check
167242 04/09/2021 CREWSENSE, LLC 93.36Accounts Payable Check
167243 04/09/2021 CRYSTAL CREAMERY, INC.503.21Accounts Payable Check
167244 04/09/2021 CRYSTAL SPRINGS WATER 20.00Accounts Payable Check
167245 04/09/2021 CUESTA POLYGRAPH 2,050.00Accounts Payable Check
167246 04/09/2021 D. B. CONSULTING 3,850.00Accounts Payable Check
167247 04/09/2021 NICHOLAS DEBAR 300.00Accounts Payable Check
167248 04/09/2021 DELTA LIQUID ENERGY 982.84Accounts Payable Check
167249 04/09/2021 DEPARTMENT OF CONSERVATION 644.95Accounts Payable Check
167250 04/09/2021 DEPARTMENT OF WATER RESOURCES 3,471.00Accounts Payable Check
167251 04/09/2021 DIVISION OF STATE ARCHITECT 494.40Accounts Payable Check
167252 04/09/2021 PHILIP DUNSMORE 300.00Accounts Payable Check
167253 04/09/2021 EIKHOF DESIGN GROUP, INC.8,240.00Accounts Payable Check
167254 04/09/2021 EL CAMINO VETERINARY HOSP 300.40Accounts Payable Check
167255 04/09/2021 ELECTRICRAFT, INC.4,524.81Accounts Payable Check
167256 04/09/2021 FASTENAL COMPANY 42.67Accounts Payable Check
ITEM NUMBER: A-2
DATE: 05/25/21
ATTACHMENT: 1
Page 18 of 161
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of April 2021
167257 04/09/2021 FERGUSON ENTERPRISES, LLC 52.53Accounts Payable Check
167258 04/09/2021 FERRAVANTI GRADING & PAVING 250,885.75Accounts Payable Check
167259 04/09/2021 FGL ENVIRONMENTAL 317.00Accounts Payable Check
167260 04/09/2021 GAS COMPANY 1,254.08Accounts Payable Check
167261 04/09/2021 GIERLICH-MITCHELL, INC.1,134.81Accounts Payable Check
167262 04/09/2021 GRANICUS 5,153.00Accounts Payable Check
167263 04/09/2021 HANSEN BRO'S CUSTOM FARMING 10,780.00Accounts Payable Check
167264 04/09/2021 HART IMPRESSIONS PRINTING 264.87Accounts Payable Check
167265 04/09/2021 REBECCA HEREDIA 107.25Accounts Payable Check
167266 04/09/2021 HIGH COUNTRY OUTDOOR, INC.800.00Accounts Payable Check
167267 04/09/2021 HINDERLITER, DE LLAMAS 300.00Accounts Payable Check
167268 04/09/2021 HOME DEPOT CREDIT SERVICES 693.09Accounts Payable Check
167269 04/09/2021 IRON MOUNTAIN RECORDS MGMNT 122.53Accounts Payable Check
167270 04/09/2021 JK'S UNLIMITED, INC.179.64Accounts Payable Check
167271 04/09/2021 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check
167272 04/09/2021 LANTERN PRESS 251.70Accounts Payable Check
167273 04/09/2021 LAYNE LABORATORIES, INC.1,853.30Accounts Payable Check
167274 04/09/2021 LEE WILSON ELECTRIC CO. INC 1,723.00Accounts Payable Check
167275 04/09/2021 LIFE ASSIST, INC.2,756.94Accounts Payable Check
167276 04/09/2021 LIFTOFF, LLC 17,000.00Accounts Payable Check
167277 04/09/2021 MADRONE LANDSCAPES, INC.387.00Accounts Payable Check
167278 04/09/2021 MICHAEL K. NUNLEY & ASSC, INC.589.65Accounts Payable Check
167279 04/09/2021 MINER'S ACE HARDWARE 760.39Accounts Payable Check
167280 04/09/2021 MISSION UNIFORM SERVICE 221.78Accounts Payable Check
167281 04/09/2021 MNS ENGINEERS, INC.12,604.80Accounts Payable Check
167282 04/09/2021 MOSS, LEVY, & HARTZHEIM LLP 3,500.00Accounts Payable Check
167283 04/09/2021 MV TRANSPORTATION, INC.7,791.05Accounts Payable Check
167284 04/09/2021 MWI ANIMAL HEALTH 38.58Accounts Payable Check
167285 04/09/2021 BRUCE WAYNE NAVAS 1,500.00Accounts Payable Check
167286 04/09/2021 NEW TIMES 1,332.00Accounts Payable Check
167287 04/09/2021 OFFICE DEPOT INC.137.97Accounts Payable Check
167288 04/09/2021 O'REILLY AUTOMOTIVE, INC.47.70Accounts Payable Check
167290 04/09/2021 PACIFIC GAS AND ELECTRIC 27,380.02Accounts Payable Check
167291 04/09/2021 PEAKWIFI, LLC 650.00Accounts Payable Check
167292 04/09/2021 PERRY'S PARCEL & GIFT 87.18Accounts Payable Check
167293 04/09/2021 PRAXAIR DISTRIBUTION, INC.186.71Accounts Payable Check
167294 04/09/2021 PROCARE JANITORIAL SUPPLY,INC.1,005.06Accounts Payable Check
167295 04/09/2021 PROSOUND BUSINESS MEDIA, INC.99.00Accounts Payable Check
167296 04/09/2021 PRP COMPANIES 303.16Accounts Payable Check
ITEM NUMBER: A-2
DATE: 05/25/21
ATTACHMENT: 1
Page 19 of 161
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of April 2021
167297 04/09/2021 QUINCY ENGINEERING, INC.33,661.57Accounts Payable Check
167298 04/09/2021 RAINSCAPE, A LANDSCAPE SVC CO.7,414.50Accounts Payable Check
167299 04/09/2021 JERI RANGEL 300.00Accounts Payable Check
167300 04/09/2021 READYREFRESH BY NESTLE 229.08Accounts Payable Check
167301 04/09/2021 RACHELLE RICKARD 500.00Accounts Payable Check
167302 04/09/2021 SCHINDLER ELEVATOR CORP 443.88Accounts Payable Check
167303 04/09/2021 SCOTT O'BRIEN FIRE & SAFETY CO 558.88Accounts Payable Check
167304 04/09/2021 SERVICE SYSTEMS ASSC, INC.2,500.00Accounts Payable Check
167305 04/09/2021 SLO CO AIR POLLUTION CTRL DIST 406.70Accounts Payable Check
167306 04/09/2021 SPEAKWRITE, LLC.600.72Accounts Payable Check
167307 04/09/2021 STANLEY CONVERGENT SECURITY 366.09Accounts Payable Check
167308 04/09/2021 SUNLIGHT JANITORIAL, INC.2,661.00Accounts Payable Check
167309 04/09/2021 TERRA VERDE ENVIRONMENTAL CONS 380.04Accounts Payable Check
167312 04/09/2021 U.S. BANK 14,129.31Accounts Payable Check
167313 04/09/2021 UNIVAR SOLUTIONS USA, INC.7,063.36Accounts Payable Check
167314 04/09/2021 VERDIN 2,865.19Accounts Payable Check
167315 04/09/2021 VERIZON WIRELESS 2,527.74Accounts Payable Check
167316 04/09/2021 WALLACE GROUP 2,730.84Accounts Payable Check
167317 04/09/2021 TED E. WATERHOUSE 225.00Accounts Payable Check
167318 04/09/2021 WEX BANK - 76 UNIVERSL 8,954.62Accounts Payable Check
167319 04/09/2021 WEX BANK - WEX FLEET UNIVERSAL 7,501.16Accounts Payable Check
167320 04/09/2021 WILKINS ACTION GRAPHICS 432.03Accounts Payable Check
167321 04/09/2021 WISHPETS CO.398.81Accounts Payable Check
4007 04/15/2021 ANTHEM BLUE CROSS HSA 8,299.21Payroll Vendor Payment
167322 04/15/2021 ATASCADERO MID MGRS ORG UNION 80.00Payroll Vendor Payment
167323 04/15/2021 ATASCADERO POLICE OFFICERS 1,787.50Payroll Vendor Payment
167324 04/15/2021 ATASCADERO PROF. FIREFIGHTERS 1,027.05Payroll Vendor Payment
167325 04/15/2021 MASS MUTUAL WORKPLACE SOLUTION 6,327.53Payroll Vendor Payment
167326 04/15/2021 NATIONWIDE RETIREMENT SOLUTION 249.78Payroll Vendor Payment
167327 04/15/2021 NAVIA BENEFIT SOLUTIONS 2,626.87Payroll Vendor Payment
167328 04/15/2021 SEIU LOCAL 620 816.42Payroll Vendor Payment
167329 04/15/2021 VANTAGEPOINT TRNSFR AGT 106099 357.85Payroll Vendor Payment
167330 04/15/2021 VANTAGEPOINT TRNSFR AGT 304633 4,853.47Payroll Vendor Payment
167331 04/15/2021 VANTAGEPOINT TRNSFR AGT 706276 321.00Payroll Vendor Payment
4008 04/16/2021 STATE DISBURSEMENT UNIT 467.07Payroll Vendor Payment
4009 04/16/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,363.12Payroll Vendor Payment
4010 04/16/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 30,300.64Payroll Vendor Payment
4011 04/16/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,035.06Payroll Vendor Payment
4012 04/16/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,719.22Payroll Vendor Payment
ITEM NUMBER: A-2
DATE: 05/25/21
ATTACHMENT: 1
Page 20 of 161
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of April 2021
4013 04/16/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,999.86Payroll Vendor Payment
4014 04/16/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 7,636.41Payroll Vendor Payment
4015 04/16/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,575.52Payroll Vendor Payment
4016 04/16/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 13,554.21Payroll Vendor Payment
4017 04/20/2021 RABOBANK, N.A.50,084.12Payroll Vendor Payment
4018 04/20/2021 EMPLOYMENT DEV DEPARTMENT 15,017.87Payroll Vendor Payment
4019 04/20/2021 EMPLOYMENT DEV. DEPARTMENT 2,631.73Payroll Vendor Payment
167332 04/23/2021 13 STARS MEDIA 1,399.00Accounts Payable Check
167333 04/23/2021 AIRGAS USA, LLC 379.62Accounts Payable Check
167334 04/23/2021 ALLSTAR FIRE EQUIPMENT, INC.1,142.19Accounts Payable Check
167335 04/23/2021 ALTHOUSE & MEADE, INC.1,367.50Accounts Payable Check
167336 04/23/2021 AMERICAN WEST TIRE & AUTO INC 999.03Accounts Payable Check
167338 04/23/2021 AT&T 1,160.22Accounts Payable Check
167339 04/23/2021 AT&T 1,022.75Accounts Payable Check
167340 04/23/2021 ATASCADERO HAY & FEED 748.80Accounts Payable Check
167341 04/23/2021 AURORA WORLD, INC.773.39Accounts Payable Check
167342 04/23/2021 AVILA TRAFFIC SAFETY 1,322.68Accounts Payable Check
167343 04/23/2021 BASSETT'S CRICKET RANCH,INC.131.03Accounts Payable Check
167344 04/23/2021 BATTERY SYSTEMS, INC.459.21Accounts Payable Check
167345 04/23/2021 BERRY MAN, INC.1,174.60Accounts Payable Check
167346 04/23/2021 BOB'S CRANE SERVICE 2,500.00Accounts Payable Check
167347 04/23/2021 CA DEPT OF TAX AND FEE ADMIN.3,625.00Accounts Payable Check
167348 04/23/2021 CARQUEST OF ATASCADERO 41.11Accounts Payable Check
167349 04/23/2021 CHARTER COMMUNICATIONS 272.38Accounts Payable Check
167350 04/23/2021 CLEVER CONCEPTS, INC.47.95Accounts Payable Check
167351 04/23/2021 CO OF SAN LUIS OBISPO SART PRG 1,781.00Accounts Payable Check
167352 04/23/2021 COASTAL REPROGRAPHIC SERVICES 123.12Accounts Payable Check
167353 04/23/2021 CREWSENSE, LLC 99.99Accounts Payable Check
167354 04/23/2021 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check
167355 04/23/2021 DELTA LIQUID ENERGY 1,026.89Accounts Payable Check
167356 04/23/2021 DEPARTMENT OF JUSTICE 289.00Accounts Payable Check
167357 04/23/2021 DEPENDABLE FIRE PROTECTION 831.97Accounts Payable Check
167358 04/23/2021 EARTH SYSTEMS PACIFIC 7,644.50Accounts Payable Check
167359 04/23/2021 EMI SPORTWEAR 302.70Accounts Payable Check
167360 04/23/2021 FAILSAFE TESTING, LLC 1,100.00Accounts Payable Check
167361 04/23/2021 FARM SUPPLY COMPANY 128.64Accounts Payable Check
167362 04/23/2021 FENCE FACTORY ATASCADERO 127.17Accounts Payable Check
167363 04/23/2021 FGL ENVIRONMENTAL 1,162.00Accounts Payable Check
167364 04/23/2021 FIVE CITIES FIRE AUTHORITY 260.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 05/25/21
ATTACHMENT: 1
Page 21 of 161
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of April 2021
167365 04/23/2021 FRIENDS OF ROSAMOND GIFFORD 942.91Accounts Payable Check
167366 04/23/2021 GALLS, LLC 77.22Accounts Payable Check
167367 04/23/2021 GAS COMPANY 882.39Accounts Payable Check
167368 04/23/2021 HAAKER EQUIPMENT COMPANY INC.122.64Accounts Payable Check
167369 04/23/2021 HAMNER, JEWELL & ASSOCIATES 1,077.50Accounts Payable Check
167370 04/23/2021 HART IMPRESSIONS PRINTING 71.78Accounts Payable Check
167371 04/23/2021 JIFFY LUBE 96.82Accounts Payable Check
167372 04/23/2021 JK'S UNLIMITED, INC.110.00Accounts Payable Check
167373 04/23/2021 KPRL 1230 AM 320.00Accounts Payable Check
167374 04/23/2021 KRITZ EXCAVATING & TRUCKNG INC 575.94Accounts Payable Check
167375 04/23/2021 L.N. CURTIS & SONS 1,820.68Accounts Payable Check
167376 04/23/2021 LAUTZENHISER'S STATIONARY 600.42Accounts Payable Check
167377 04/23/2021 LIFE ASSIST, INC.3,447.16Accounts Payable Check
167378 04/23/2021 ROGER D. & LORNA M. LOVEGREN 55.96Accounts Payable Check
167379 04/23/2021 MATTHEW MADRIGAL 1,364.00Accounts Payable Check
167380 04/23/2021 MAILSTREAM, INC.3,940.99Accounts Payable Check
167381 04/23/2021 ANNETTE MANIER 18.48Accounts Payable Check
167382 04/23/2021 MARBORG INDUSTRIES 62.28Accounts Payable Check
167383 04/23/2021 MICHAEL'S WINDOW CLEANING 3,225.00Accounts Payable Check
167384 04/23/2021 MID-COAST MOWER & SAW, INC.476.91Accounts Payable Check
167385 04/23/2021 MIG 1,703.75Accounts Payable Check
167386 04/23/2021 MINER'S ACE HARDWARE 467.36Accounts Payable Check
167387 04/23/2021 MISSION UNIFORM SERVICE 260.38Accounts Payable Check
167388 04/23/2021 JULIAN A. MORA 3,085.00Accounts Payable Check
167389 04/23/2021 MULLAHEY CDJR 350.83Accounts Payable Check
167390 04/23/2021 NORTH COUNTY PLUMBING & DRAIN 1,620.00Accounts Payable Check
167391 04/23/2021 OFFICE DEPOT INC.4.21Accounts Payable Check
167392 04/23/2021 PACIFIC CNTRL COAST HLTH CTRS 1,905.00Accounts Payable Check
167393 04/23/2021 PACIFIC GAS AND ELECTRIC 21,400.72Accounts Payable Check
167394 04/23/2021 PASO ROBLES SAFE & LOCK, INC.170.00Accounts Payable Check
167395 04/23/2021 PAVEMENT ENGINEERING, INC.507.50Accounts Payable Check
167396 04/23/2021 PERRY'S ELECTRIC MOTORS & CTRL 12,093.97Accounts Payable Check
167397 04/23/2021 PERRY'S PARCEL & GIFT 62.81Accounts Payable Check
167398 04/23/2021 JULIA POSMOGA 112.04Accounts Payable Check
167399 04/23/2021 PROCARE JANITORIAL SUPPLY,INC.1,094.55Accounts Payable Check
167400 04/23/2021 PUBLIC SAFETY TRAINING CONSULT 330.00Accounts Payable Check
167401 04/23/2021 QUALITY CODE PUBLISHING 1,637.25Accounts Payable Check
167402 04/23/2021 MADISON QUIRING 50.00Accounts Payable Check
167403 04/23/2021 READYREFRESH BY NESTLE 422.29Accounts Payable Check
ITEM NUMBER: A-2
DATE: 05/25/21
ATTACHMENT: 1
Page 22 of 161
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of April 2021
167404 04/23/2021 RICK ENGINEERING COMPANY 26,263.88Accounts Payable Check
167405 04/23/2021 ROB REYNOLDS CONSTRUCTION, INC 61,533.97Accounts Payable Check
167406 04/23/2021 MARK J. RUSSO 200.00Accounts Payable Check
167407 04/23/2021 SAFARI PROGRAMS, INC.471.12Accounts Payable Check
167408 04/23/2021 SAN LUIS POWERHOUSE, INC.1,474.11Accounts Payable Check
167409 04/23/2021 SANTA MARIA TIRE, INC.2,746.68Accounts Payable Check
167410 04/23/2021 THE SHERWIN-WILLIAMS COMPANY 100.10Accounts Payable Check
167411 04/23/2021 SLO BREWING CO., LLC 820.00Accounts Payable Check
167412 04/23/2021 SLO COUNTY HEALTH AGENCY 81,104.50Accounts Payable Check
167413 04/23/2021 SLO COUNTY SHERIFF'S OFFICE 159.00Accounts Payable Check
167414 04/23/2021 ROLAND HENRY SNOW 25.00Accounts Payable Check
167415 04/23/2021 SOUTH COAST EMERGENCY VEH SVC 1,836.00Accounts Payable Check
167416 04/23/2021 SPECIALIZED EQUIPMENT REPAIR 1,079.14Accounts Payable Check
167417 04/23/2021 T.A.P.S. TRUCK ACCESSORY OUTLT 2,747.45Accounts Payable Check
167418 04/23/2021 THOMSON REUTERS - WEST 175.10Accounts Payable Check
167419 04/23/2021 AYLA TOMAC 149.00Accounts Payable Check
167420 04/23/2021 U.S. POSTMASTER 600.00Accounts Payable Check
167421 04/23/2021 ULTREX BUSINESS PRODUCTS 38.37Accounts Payable Check
167422 04/23/2021 VERDIN 11,430.96Accounts Payable Check
167423 04/23/2021 VERIZON WIRELESS 57.73Accounts Payable Check
167424 04/23/2021 WALLACE GROUP 19,719.20Accounts Payable Check
167425 04/23/2021 WCJ PROPERTY SERVICES 480.00Accounts Payable Check
167426 04/23/2021 WEST COAST AUTO & TOWING, INC.45.00Accounts Payable Check
167427 04/23/2021 WHITLOCK & WEINBERGER TRANS.555.00Accounts Payable Check
167428 04/23/2021 WILKINS ACTION GRAPHICS 616.05Accounts Payable Check
167429 04/23/2021 FRANCHISE TAX BOARD 160.00Accounts Payable Check
4020 04/29/2021 ANTHEM BLUE CROSS HSA 8,199.21Payroll Vendor Payment
167430 04/29/2021 ATASCADERO PROF. FIREFIGHTERS 1,027.05Payroll Vendor Payment
167431 04/29/2021 EMPLOYMENT DEV. DEPARTMENT 3,068.50Payroll Vendor Payment
167432 04/29/2021 ICMA-RC 125.00Payroll Vendor Payment
167433 04/29/2021 MASS MUTUAL WORKPLACE SOLUTION 6,319.09Payroll Vendor Payment
167434 04/29/2021 NATIONWIDE RETIREMENT SOLUTION 308.84Payroll Vendor Payment
167435 04/29/2021 SEIU LOCAL 620 816.65Payroll Vendor Payment
167436 04/29/2021 VANTAGEPOINT TRNSFR AGT 106099 357.85Payroll Vendor Payment
167437 04/29/2021 VANTAGEPOINT TRNSFR AGT 304633 3,770.13Payroll Vendor Payment
167438 04/29/2021 VANTAGEPOINT TRNSFR AGT 706276 321.00Payroll Vendor Payment
4021 04/30/2021 STATE DISBURSEMENT UNIT 467.07Payroll Vendor Payment
4022 04/30/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,363.12Payroll Vendor Payment
4023 04/30/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 28,250.03Payroll Vendor Payment
ITEM NUMBER: A-2
DATE: 05/25/21
ATTACHMENT: 1
Page 23 of 161
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of April 2021
4024 04/30/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,923.56Payroll Vendor Payment
4025 04/30/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,719.22Payroll Vendor Payment
4026 04/30/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,999.86Payroll Vendor Payment
4027 04/30/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 7,358.17Payroll Vendor Payment
4028 04/30/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,147.24Payroll Vendor Payment
4029 04/30/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 13,500.99Payroll Vendor Payment
$1,532,234.35
ITEM NUMBER: A-2
DATE: 05/25/21
ATTACHMENT: 1
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ITEM NUMBER: A-4
DATE: 05/25/21
Atascadero City Council
Staff Report – Public Works Department
Traffic Way Sewer Main Replacement Construction Award
RECOMMENDATIONS:
Council:
1. Award a construction contract for $2,740,040 to Specialty Construction, Inc. for
the Traffic Way Sewer Main Replacement Project (Project No. C2019W 01).
2. Authorize the City Manager to execute a construction contract with Specialty
Construction, Inc. for $2,740,040 for the Traffic Way Sewer Main Replacement
Project.
3. Authorize the City Manager to execute a contract with Filippin Engineering for
$298,570 for construction management and materials testing services for the
Traffic Way Sewer Main Replacement Project.
4. Authorize the Director of Administrative Services to allocate an additional
$1,236,900 in Wastewater Enterprise Fund balance to the Traffic Way Sewer
Main Replacement Project.
5. Authorize the Director of Public Works to file a Notice of Completion with the
County Recorder upon satisfactory completion of the Project.
DISCUSSION:
Background
As part of the Wastewater Collection Systems Master Plan Update, completed in October
2015, several portions of the collection system were identified as hydraulically deficient
under existing and/or future peak hour flows. A series of capital improvement projects were
developed to upgrade the wastewater collection system to meet these existing and future
flow requirements and to reduce ongoing operation and maintenance expenses. The
gravity sewer section of Traffic Way between San Jacinto Avenue and Tunitas Avenue was
identified as a priority collection system upgrade project and includes replacement of two
sections of existing sewer main as detailed below and shown on Attachment 1.
Page 38 of 161
ITEM NUMBER: A-4
DATE: 05/25/21
Traffic Way – San Jacinto Avenue to Lift Station 6: Replace approximately 1,500
feet of existing 8-inch gravity sewer main with 15-inch pipe.
Traffic Way – 300’ south of Rosario Avenue to Lift Station 5 : Replace
approximately 2,300 feet of 10-inch gravity sewer main with 15-inch pipe and
approximately 1,400 feet of 12-inch gravity sewer main with 18-inch pipe.
Additional items of work include construction of 22 new polymer -concrete manholes,
reconnecting 55 private sewer laterals to the new sewer main, connecting to and
repairing the interior epoxy lining at Lift Station 6, and roadway repaving for the roadway
half impacted by the installation of the new sewer main.
Design Analysis
MNS Engineers was hired to perform final design work and prepare construction plans
and specifications for the project. MNS subconsulted Yeh & Associates t o evaluate
multiple engineering options, including the potential for pipe bursting or boring. After the
preliminary analysis, it was determined that pipe bursting was not technically feasible
due to the large upsizing of the pipe, and boring was unlikely to result in significant cost
savings but would increase construction risks and uncertainties. As a result, it was
determined that installation of a new main, parallel to the existing main, utilizing an
open-trench construction method was the preferred al ternative. The City and MNS
worked closely to locate the new main so that, with the exception of a few temporary
construction operations, two lanes of traffic will be able to be maintained throughout the
duration of the project.
Staff was heavily involved in value engineering during the design process and worked
closely with MNS to evaluate both short-term and long-term costs. One significant
outcome of this analysis was to utilize polymer-concrete manholes on this project.
While these manholes are more costly initially, they are quickly becoming the standard
for many agencies due to their resistance to corrosion and minimized long-term
maintenance and upkeep costs.
City staff and MNS also worked to minimize inconvenience to the public to the greatest
extent possible on this project. While reconstructing more than a mile of sewer main on
a heavily trafficked roadway will have it’s complications, project documents have been
written with the intention of minimizing impacts to properties with sewer lateral s
connecting to the main, public vehicular traffic, and operations at the Colony Park
Community Center.
Finally, since this project will include abandoning the existing undersized sewer main,
consideration was given during the design to maximizing opportunities for potential use
as broadband conduit in the future. As part of this project , the existing manholes will be
lowered below the finished roadway surface and the sewer lines will be plugged at the
manhole connections (to avoid piping of groundwater through the abandoned system).
However, these plugs can be easily removed and the infrastructure will remain fully
intact and available for future use.
Page 39 of 161
ITEM NUMBER: A-4
DATE: 05/25/21
Bid Analysis
The project was publicly bid starting April 12, 2021 for a minimum of 30 days in
accordance with State Contracting Laws and Atascadero Purchasing Policies. A public
bid opening occurred on May 13, 2021 and 4 bids were received ranging from
$2,740,040 to $4,548,940. The bids were reviewed for accuracy and compliance with
project bidding requirements, and the City Engineer has determined that Specialty
Construction, Inc. of San Luis Obispo is the lowest responsive bidder at $2,740,040.
The engineer’s estimate of probable construction costs was $3,350,600. While the
spread between high and low bids was significant, the lowest three bids fell between
$2,740,040 and 3,405,450.
The current budget provides $2,658,100 in Wastewater monies for project funding.
There has been an estimated $225,000 spent to date for the design and bid phases of
the project. The City will contract directly with a licensed land surveyor for survey
monument perpetuation/preservation work, which is estimated at $30,000. Other non-
construction costs remaining include material testing, coordination, and construction
management fees that are estimated to be $350,000, or about 13% of construction
costs. Staff is recommending contracting with Filippin Engineering to provide these
services (see additional information under Construction Management Analysis).
Staff recommends awarding the project to Specialty Construction, Inc. If approved by
Council, staff hopes to commence construction as soon as possible in an effort to minimize
impacts to school traffic and Community Center operations by completing as much work as
possible during the summer months. There will be some traffic impacts and
inconveniences during construction, but staff, the construction manager and the contractor
will provide notifications to affected residents and motorists during construction.
Construction Management Analysis
Due to the size and complexity of the project, coupled with the number of other capital
projects planned for construction in 2021, the Public Works Department does not have
sufficient personnel to provide construction management a nd inspection services for the
Traffic Way Sewer Replacement project. Subsequently, staff solicited proposals in April
2021 from qualified consultants to provide Construction Engineering and Materials
Testing services. The scope of services includes full Construction Management,
Construction Inspection and Construction Administration Services, as well as
Geotechnical and Materials Sampling and Acceptance Testing.
Staff received three proposals from qualified consultants including Wallace Group,
Filippin Engineering, and DPSI. Proposals were individually reviewed and scored
based upon experience with similar projects, responsiveness to City needs, experience
of key personnel, and other factors. The City was fortunate to receive excellent
proposals and determined that Filippin Engineering submitted the most qualified
proposal. Their experience working on similar projects for other public agencies was
extensive, and their construction inspector is extremely well qualified and well regarded.
Filippin Engineering provided a detailed fee estimate worksheet with their proposal that
included labor hours/costs, reimbursable expenses, and subconsultant fees for the work
scope identified in the City’s request for proposals. Staff reviewed Filippin
Engineering’s work scope and fee and have determined that it is reasonable for full time
Page 40 of 161
ITEM NUMBER: A-4
DATE: 05/25/21
construction management and inspection. Staff is recommending awarding a contract
to Filippin Engineering on a labor plus reimbursable basis for an estimated maximum
fee of $298,570 for Construction Engineering and Materials Testing for the project.
Increases in anticipated expenditures above the original budget amount are the result of
several factors. First, construction cost escalation factors for this work category has
accelerated at a significantly higher rate than anticipated over the past two years when
the project budget was last updated. In particular, manufactured materials, including
lumber, steel and plastics (sewer pipe) have rapidly escalated over the last year.
Secondly, project complexity, particularly with the need to minimize public
inconvenience, necessitates construction phasing and methods that are more costly
than originally anticipated. Thirdly, the budget identified in the Wastewater Collection
System Master Plan Update assigned linear footage costs based on a construction
method that was determined during preliminary engineering to be infeasible (pipe
bursting). Traditional open-trench construction was determined to be the preferred
alternative, but with the depths of sewer mainline, more expensive. The budget for this
project has been reviewed as part of the upcoming 2021 -2023 two-year budget cycle.
ENVIRONMENTAL REVIEW:
The proposed project is Categorically Exempt (Class 2c) from the provisions of the
California Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000,
et seq.) pursuant to CEQA Guidelines Section 15301, because it is limited to
replacement or reconstruction of existing utility systems and/or facilities involving
negligible or no expansion of capacity. While this project does increase pipe size, this is
not the result of a need to increase capacity, but to manage existing capacity currently
operating under suboptimal (pressure flow) hydraulic conditions. A finding of exemption
is on file in the project records.
FISCAL IMPACT:
Award of the contracts to Specialty Construction and Filippin Engineering will result in
the expenditure of $3,038,610 of wastewater funds. The Project funding sources and
uses are as follows:
ESTIMATED EXPENDITURES
Design and Bid Phase $ 225,000
Construction Contract 2,740,040
Survey Monument Perpetuation 30,000
Construction Inspection / Testing / Administration @ 13% 350,000
Construction Contingency @ 20% 549,960
Total Estimated Expenditures: $ 3,895,000
BUDGETED FUNDING SOURCES
Traffic Way Sewer Replacement Project (Wastewater Funds) $2,658,100
Additional Wastewater Funds 1,236,900
Total Budgeted Funding Sources: $3,895,000
Page 41 of 161
ITEM NUMBER: A-4
DATE: 05/25/21
ALTERNATIVES:
Construction Contract: Council may cancel the project or direct staff to rebid the project.
Staff does not recommend canceling the project due to ongoing maintenance issues
with the undersized sewer main and potential difficulty accommodating additional users
in key development areas. Given the recent increase in materials costs noted above,
staff believes the low bid to be very reasonable and fair and a rebid will almost certainly
result in higher bid proposals.
Construction Engineering Services: Council may direct staff to re-advertise for these
services, or to provide the services with City personnel. Neither alternative is
recommended since the proposed scope and fee provided by Filippin Engineering is
considered reasonable, and City staff does not have the resources to be able to provide
sufficient oversight for a project of this complexity and importance.
ATTACHMENTS:
1. Project Location Map
2. Bid Summary
Page 42 of 161
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WASTEWATERCOLLECTION SYSTEM
TRAFFIC WAY
SEWER
IMPROVEMENTS
PROJECT
Legend
City Limits
[ä Lift Station (E)
!(Manhole (E)
Gravity Pipe (E)
Forcemain (E)
(N) Gravity Pipe
O1 inch = 400 feet
0 400200
Feet38ITEM NUMBER: A-4
DATE: 05/25/21
ATTACHMENT: 1
Page 43 of 161
ITEM NUMBER: A-4
DATE: 05/25/21
ATTACHMENT: 2
Page 44 of 161
ITEM NUMBER: A-5
DATE: 05/25/21
Atascadero City Council
Staff Report – City Manager’s Office
Appointment of Board Members to the Atascadero Tourism Business
Improvement District (ATBID) Board
RECOMMENDATION:
Council appoint Corina Ketchum and Tom O’Malley to the ATBID Advisory Board for the
term expiring June 30, 2023.
DISCUSSION:
In 2013, the lodging businesses in Atascadero requested the Council establish a T ourism
Business Improvement District in order to levy annual assessments that would fund
tourism promotions and marketing programs to promote the City as a tourism destination.
The City Council established the ATBID, appointed Board Members, and levied
assessments beginning June 1, 2013.
When the initial Advisory Board was appointed, it was comprised of three members
serving three-year terms, and two members serving two -year terms. In 2015, the
Municipal Code was changed to clarify that after the initial formation, all subsequent
Board Members will serve two year staggered terms. The terms of the Board Member
positions currently held by Tom O’Malley and previously held by Lucian Caprua and are
set to expire on June 30, 2021. Lucian Caprua recently resigned from the Board and his
position is currently vacant.
Once Board Member terms are close to expiring, the ATBID’s Rules and Procedures lay
out the nomination process that must be followed. Before the expiration of terms, a letter
is mailed out to each Lodging Business notifying them of a meeting for the purpose of
making nominations for the Board seats that are scheduled to be vacant in July. At this
meeting, lodging business owners are nominated and a written ballot election determines
the nominees to be recommended to the City Coun cil. The results of the nomination
meeting are then forwarded to the City Clerk to be placed on the Council’s agenda as a
recommendation for filling the Board vacancies.
The Atascadero Municipal Code § 3-16.07 (b) states that membership on the ATBID
Board is limited to Lodging Business owners or employees or other representatives
holding the written consent of a Lodging Business owner within the ATBID area who has
Page 45 of 161
ITEM NUMBER: A-5
DATE: 05/25/21
fully paid its assessment at the time of the appointment, and remain fully paid during the
term of the membership on the Board.
This year, letters were mailed out to each of the Lodging Businesses on April 2, 2021 and
the Lodging Business nomination meeting was held May 3, 2021. Corina Ketchum and
Tom O’Malley were selected by the lodging owners present at the nomination meeting to
be recommended to the City Council for appointment to the ATBID Board. Once
appointed, following would be the new ATBID Board going forward:
TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID)
(2-Year Terms)
BOARD MEMBER LODGING FACILITY TERM EXPIRES
6/30/2022
TERM EXPIRES
6/30/2023
Patricia Harden Springhill Suites
Marriott
X
Amar Sohi Holiday Inn Express X
Deana Alexander The Carlton X
Tom O’Malley The Portola Inn X
Corina Ketchum Hilton Home 2 Suites X
FISCAL IMPACT:
None.
ALTERNATIVE:
Council may reject the recommendation of the lodging business owners and request a
new recommendation from the lodging business owners.
ATTACHMENTS:
None.
Page 46 of 161
ITEM NUMBER: A-6
DATE: 05/25/21
Atascadero City Council
Staff Report – City Manager’s Office
Atascadero Tourism Business Improvement District (ATBID)
Annual Assessment
RECOMMENDATIONS:
Council:
1. Approve the ATBID Annual Report.
2. Adopt Draft Resolution declaring intent to levy an annual Business Improvement
District assessment on lodging businesses within the Atascadero Tourism
Business Improvement District, and set a public hearing for June 8, 2021.
DISCUSSION:
The City of Atascadero established the Atascadero Tourism Business Improvement
District (ATBID) to levy annual assessments under the Parking and Business
Improvement Area Law of 1989, by adopting Title 3, Chapter 16 of the Atascadero
Municipal Code in April 2013. The activities to be funded by the assessments, on lodging
businesses within the ATBID, are tourism promotions and marketing programs to promote
the City as a tourism destination. The formation and operation of a Tourism Business
Improvement District is governed by the California Streets & Highways Code
(Section 36500 et. Seq.). The budget for the ATBID is submitted in conjunction with the
City’s annual budget.
The City Council appointed ATBID Advisory Board Members to serve at the pleasure of
the Council. The Advisory Board is made up of lodging business owners or employees,
or other representatives holding the written consent of a lodging business owner within
the ATBID area. At the April 13, 2021 Council meeting, the Council received an update
on ATBID activities as part of the City Marketing update.
The Streets & Highways Code requires that the Advisory Board provide a specific report
to the City Council annually for the expenditure of funds derived from the assessment
paid by lodging businesses within the City. The annual report must identify: (1) proposed
activities, programs and projects for the fiscal year; (2) the approximate cost of such
activities, programs and projects for the fiscal year; (3) the amount of surplus or deficit
revenues carried over from a previous fiscal year; and (4) contributions received other
Page 47 of 161
ITEM NUMBER: A-6
DATE: 05/25/21
than assessments. The annual report must meet the requirements of the California
Streets and Highway Code §36533. The City Council may approve the report as filed or
may modify any particular contained in the report and approve it as modified.
As the numbers in the Annual Report indicate, there has been a slow recovery from
COVID-19. This slow recovery has negatively affected the local economy and reduced
income to the lodging industry over the past 15 months. As a result, the ATBID fund has
experienced these reductions in revenue. As we work to reopen the economy and tourism
starts to return, estimates of the increase to revenue will continue to be revised, but as of
the writing of this report, staff projects that assessment revenue for fiscal year 2020-21
will be $248,780, down 23.9% from the budgeted revenue and up 10.8% from 2019-20
actual assessment revenue. Staff projects that assessment revenue for fiscal year 2021-
22 will be $292,320, up 18% over fiscal year 2020-21. Expenditures for fiscal year 2020-
21 are expected to come in under budget by about $138,710, or about 43.8%. Budgeted
expenditures for fiscal year 2021-22 have only been reduced by 2.6% from the budgeted
revenue so that those funds may be used to help rebuild tourism revenue in Atascadero.
The ATBID fund balance is now projected to be $349,860 at June 30, 2021, and $340,590
at June 30, 2022. While the fund balance is expected to be slightly less than originally
projected in the adopted 2020-21 budget, it remains sufficient to keep ATBID operations
stable as we work to reopen. Revenues are expected to continue to grow, and reserves
are expected to build up again starting in fiscal year 2022-23.
The Annual Report includes the above assumptions. Staff recommends the Council
approve the Annual Report, adopt the Resolution of Intention, and set a date and time for
a public hearing. The purpose of the public hearing is to receive public comment prior to
the assessment being collected. Staff is proposing that the hearing be conducted at the
next regular City Council meeting scheduled for June 8, 2021.
FISCAL IMPACT:
None.
ALTERNATIVE:
The City Council may modify the Annual Report before approval.
ATTACHMENTS:
1. Draft Resolution
2. ATBID Annual Report
Page 48 of 161
ITEM NUMBER: A-6
DATE: 05/25/21
ATTACHMENT: 1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY
AN ANNUAL ASSESSMENT ON LODGING BUSINESSES WITHIN THE
ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT,
PURSUANT TO STREETS & HIGHWAYS CODE SECTION 36500 ET.SEQ.
WHEREAS, the City Atascadero (“City”) has formed the Atascadero Tourism Business
Improvement District, pursuant to Section 26500 of the Streets & Highways Code of the State of
California; and
WHEREAS, the City Council has received an annual report pursuant to Section 36533 of
said Code; and
WHEREAS, the City Council has approved said report and is required to adopt a
resolution of intention pursuant to Section 36534.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The City Council hereby declares its intent to levy and collect assessments
within the Atascadero Tourism Business Improvement District for Fiscal Year 2021-2022.
SECTION 2. The ATBID includes all of the lodging businesses, including hotels, motels,
bed and breakfasts, and each business defined as a “hotel” in Section 3-3.02 of Chapter 3
(Transient Occupancy Tax) of the Atascadero Municipal Code (“Lodging Businesses”) within the
corporate boundaries of the City.
SECTION 3. The activities to be funded by the levy of assessments against Lodging
Businesses within the ATBID are tourism promotions and marketing programs to promote the City
as a tourism destination and projects, programs, and activities that benefit Lodging Businesses
located and operating within the boundaries of the ATBID. The proposed activities will primarily
be targeted at increasing transient stays at Lodging Businesses.
SECTION 4. The City Council sets June 8, 2021, as the date of the public hearing on the
levy of assessments. The public hearing will be held at 6:00 p.m. or as soon thereafter as practicable,
in the City of Atascadero Council Chambers, 6500 Palma Ave., Atascadero, California 93422.
SECTION 5. A protest may be made orally or in writing by any owner of a Lodging
Business that is within the ATBID boundaries and subject to the ATBID assessment. Written
protests must be received by the City Clerk, City of Atascadero, before the close of the public
hearing and may be delivered or mailed to the City Clerk, Atascadero, 6500 Palma Ave.,
Atascadero, California 93422. A written protest may be withdrawn in writing at any time before
the conclusion of the public hearing.
Page 49 of 161
ITEM NUMBER: A-6
DATE: 05/25/21
ATTACHMENT: 1
SECTION 6. Further information regarding the proposed ATBID may be obtained from
the City Manager’s Office, City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422.
SECTION 7. The City Clerk is directed to provide notice of the public hearing on the
proposed ATBID by causing this resolution to be published once in a newspaper of general
circulation in the City not less than seven days before said hearing.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 25th day of
May, 2021.
On motion by Council Member _________ and seconded by Council Member _______,
the foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
___________________________________
Heather Moreno, Mayor
ATTEST:
___________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
___________________________________
Brian A. Pierik, City Attorney
Page 50 of 161
ITEM NUMBER: A-6
DATE: 05/25/21
ATTACHMENT: 2
ATBID Annual Report
Fiscal Year 2021-2022
(Pursuant to Streets & Highways Code Section 36533)
1. Proposed activities, programs and projects for the fiscal year:
Contract services
o Marketing Firm
o Administration Services
Marketing Plan
Maintenance of Visual Assets
o Photography & Content
o Creative Services
Digital Marketing
o Website Content & Updates (i.e., Visit Atascadero; VisitSLOCAL)
o Social Media
Advertising
o Print & Promotional Items
o Digital
o Reactive Opportunities
Public Relations
o Group FAM (familiarization tours for journalists, tour operators and
meeting & event coordinators)
o Individual Journalist Hosted Itineraries
o Press Releases
Tour & Travel
o Collaboration with CCTC FAMs
o Collaboration with Visit CA FAMs
o Collaboration with Visit SLOCAL FAMs
Consumer Outreach
o Event Sponsorships Opportunities
o Event Marketing
o Email Marketing
Administration of TBID fund
2. Approximate cost of such activities, programs and projects for the fiscal year is
projected to be $308,540.
3. Amount of fund balance as of June 30, 2021 is projected to be $349,860.
4. Estimated fund balance for June 30, 2022 is budgeted at $340,590.
5. Contributions received other than assessments:
Estimated interest income of $5,150 for fiscal year 2020/21
Estimated interest income for fiscal year 2021/22 is budgeted at $6,950.
Page 51 of 161
ITEM NUMBER: A-7
DATE: 05/25/21
Atascadero City Council
Staff Report – City Manager’s Office
Downtown Parking & Business Improvement Area (DPBIA)
Assessment
RECOMMENDATION:
Council adopt Draft Resolution, declaring intent to levy the annual Downtown Parking and
Business Improvement Area assessment, and set a public hearing for
June 8, 2021.
DISCUSSION:
The City of Atascadero established a Downtown Parking and Business Improvement Area
in 1986 (Chapter 11 of the Atascadero Municipal Code) for the purpose of acquisition,
construction or maintenance of parking facilities, decoration of public places, promot ion
of public events, and general promotion of business activities in the downtown area. The
formation and operation of a Parking and Business Improvement Area is governed by the
California Streets & Highways Code (Section 36500 et. Seq.). The assessment was
reduced to $0.00 in 2010 at the behest of downtown landlords and as part of a program
to encourage downtown businesses.
In January 2018, staff was approached by an informal committee of downtown business
owners, who expressed interest in reinstituting the full levy of the assessment for the
Downtown Parking and Business Improvement Area (DPBIA). This committee spent
months conducting outreach regarding the DPBIA including holding town hall meetings,
sending letters and emails, and personally meeting with businesses subject to the DPBIA
in order to garner support to request the Council reinstitute the full assessment. The
Council reinstituted the assessment in June 2018 following a show of support from
downtown business owners.
The Streets & Highways Code requires that the “advisory board” provide a report to the
City Council annually for the expenditure of funds derived from the assessment paid by
businesses in the downtown area. In order to ensure adoption of the assessment prior
to the beginning of the Fiscal Year, the report and Resolution of Intention are submitted
as a part of this agenda item. A hearing would then be conducted at the next regular City
Council meeting scheduled for June 8, 2021.
Page 52 of 161
ITEM NUMBER: A-7
DATE: 05/25/21
The Chamber of Commerce serves as the advisory body and the
sub-contractor to the City regarding the DPBIA. The informal committee of downtown
business owners advises the Chamber of Commerce on expenditures and assists in the
creation of the annual budget. The Chamber of Commerce has submitted a report
identifying the proposed improvements and activities for the area, based upon the
National Main Street Program's four-point approach. The report does not propose any
changes to the boundaries of the DPBIA or of the assessment.
The Chamber of Commerce is proposing expenditures for 2021/2022 with the Downtown
Parking and Business Improvement Area funds as follows:
BIA Funds requested for 2021/2022 $ 12,750
Carry over from 2020/2021 $ 1,730
BIA Cash Balance 02/28/21 $ 13,088
Estimated revenue from events $ 1,000
Total Proposed Funding Available $ 28,568
2021/2022 Proposed Expenditures:
Events $12,000
Beautification/Miscellaneous $12,000
Marketing $ 2,068
Administration $ 2,500
Total Proposed Expenditures for 2021/2022 $28,568
Fund Residual $ 0
The proposed expenditures will focus to a combination of events and beautification ideas
to help promote the downtown and strengthen the businesses in the area. Due to 2020
being a tough year to navigate, it will be helpful to be able to bring events back. One being
Taco Day on Traffic Way that has historically generated income for the committee through
ticket sales. Income from this event is again anticipated in the 2021/2022 fiscal year in
the amount of $1,000. This revenue will be collected directly by the committee and/or the
Chamber of Commerce.
An annual Draft Resolution of Intention, declaring the City’s intent to levy an annual
Downtown Parking and Business Improvement Area assessment, and holding a public
hearing is required by the California Streets & Highways Code for the City to levy and
collect the assessments. Consistent with State law, the City Council is required to adopt
a Draft Resolution of Intention and set a public hearing to receive public comment prior
to the assessment being collected.
Staff is proposing that the hearing be conducted at the next regular City Council meeting
scheduled for June 8, 2021.
FISCAL IMPACT:
None.
Page 53 of 161
ITEM NUMBER: A-7
DATE: 05/25/21
ALTERNATIVES:
1. The City Council may set an alternative date for the public hearing, but no later than
June 22, 2021.
2. The City Council may discontinue the current program and assess a $0 fee to
businesses in the District.
3. The City Council may choose not to adopt the Resolution of Intention to levy
assessment, thereby discontinuing the collection of Downtown Parking and Business
Improvement Area assessments.
ATTACHMENTS:
1. Draft Resolution
2. Downtown Parking and Business Improvement Area Report and Proposed
Expenditures for 2021-2022
Page 54 of 161
ITEM NUMBER: A-7
DATE:
ATTACHMENT:
05/25/21
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING THE CITY’S INTENT TO
LEVY AN ANNUAL ASSESSMENT PURSUANT TO STREETS &
HIGHWAYS CODE SECTION 36500 ET. SEQ.
WHEREAS, the City of Atascadero has formed a Parking and Business Improvement
Area, pursuant to Section 36500 of the Streets and Highways Code of the State of California; and
WHEREAS, the City Council has received a report pursuant to Section 36533 of said
Code; and
WHEREAS, the City Council has approved such report and is required to adopt a
resolution of intention pursuant to Section 36534; and
WHEREAS, the report proposes no changes to the boundaries or assessment amounts that
currently apply in said area; and
WHEREAS, the report identifies the proposed improvements and activities for the area
based upon the National Main Street Program four point approach, on file in the City Clerk’s
Office and incorporated herein by this reference.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The City Council herby declares its intent to levy and collect assessments
within the Parking and Business Improvement Area for Fiscal Year 2021-2022.
SECTION 2. The area is known as the Downtown Parking and Business Improvement
Area. The area is generally located in the downtown core including the area between Highway 41
on the south, Rosario Avenue on the north, Highway 101 on the west, and an irregular boundary
generally along Santa Ysabel Avenue on the east.
SECTION 3. Consistent with Section 36527 of the Streets and Highways Code, Ordinance
No. 116 proposes the following uses of Downtown Parking and Business Improvement Area
revenue:
a. The acquisition, construction, or maintenance of parking facilities for the benefit of
the area.
b. Decoration of public place in the area.
c. Promotion of public events that are to take place on or in public places in the area.
d. The general promotion of business activities in the area.
SECTION 4. A report, which includes a full and detailed description of the improvements
and activities to be provided in the 2021-2022 fiscal year, the boundaries of the area, and the
proposed assessments to be levied upon the businesses within the area for Fiscal Year 2021-2022,
is on file in the City Clerk’s Office and incorporated herein by this reference.
Page 55 of 161
ITEM NUMBER: A-7
DATE:
ATTACHMENT:
05/25/21
1
SECTION 5. The City Council will hold a public hearing on the levy of the proposed
assessment for Fiscal Year 2021-2022 on June 8, 2021 at 6:00 p.m., or sometime shortly thereafter,
in the City Council Chambers, 6500 Palma Avenue, Atascadero, California.
SECTION 6. Written or oral protests may be made at the hearing. The form of the protests
shall comply with Sections 36524 and 36524 of the Streets and Highways Code.
SECTION 7. The City Clerk is hereby directed to give notice of the public hearing by
causing this Resolution to be published once in a newspaper of general circulation in the City not
less than seven days before said hearing.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___ day of
June, 2021.
On motion by Council Member _______________________, and seconded by Council
Member _______________________, the foregoing Resolution is hereby adopted in its entirety
on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
CITY OF ATASCADERO
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
Page 56 of 161
ITEM NUMBER: A-7
DATE:
ATTACHMENT:
05/25/21
2
Exhibit A
Atascadero Chamber of Commerce
Downtown Parking and Business Improvement Area
Annual Report for Fiscal Year 2021-2022
The California Streets and Highways Code Section 36533 requires the preparation of a
report for each fiscal year for which assessments are to be levied and collected to pay
the costs of improvements and activities of the Improvement Area. The report may
propose changes, including, but not limited to the boundaries of the parking and business
improvement area or any benefit zones within the area, the basis and method of levying
the assessments, and any changes in the classification of businesses.
No boundary changes are proposed for Fiscal Year 2021-2022. The boundaries are more
specifically described as follows:
From the south corner of Morro Road at the Highway 101 over-crossing
then in the generally northwest direction immediately adjacent to
Highway 101, to a point at the intersection of El Camino Real and Rosario
Avenue, then easterly along Rosario Avenue, to a point at the intersection
of Rosario and Palma Avenue, then easterly along Palma Avenue to the
rear lot line of parcels on the east side of Traffic Way, then north along
said rear lot lines to include Lot 24 of Block LA, of Atascadero, then
northerly along the center line of Traffic Way, to a point, then easterly to
include the presently existing National Guard Armory Property. Then to a
point easterly to the intersection of West Mall and Santa Ysabel Avenue
at the West Mall bridge, then southerly along Santa Ysabel Avenue to a
point at the intersection of the southerly leg of Hospital Drive and Santa
Ysabel Avenue, then easterly from that point to the extension of proposed
Highway 41, then southwesterly to the Morro Road/Highway 101
over-crossing, point of beginning.
Since 2000, the City, Community Redevelopment Agency, Chamber of Commerce, other
organizations and the community have worked to strengthen the downtown business
community, and implement the downtown revitalization strategy. In 2009, as the
economic downturn was affecting businesses, the City Council made the decision to levy
a $0 assessment on the businesses in the District. The State of California dissolved all
redevelopment agencies in 2011, and the City, Chamber of Commerce, and other
organizations have worked in collaboration to continue the efforts of the Community
Redevelopment Agency to provide better services to and strengthen the businesses in
the downtown.
In 2017, an informal committee of downtown business owners formed to promote
economic vitality and encourage business growth in the downtown. This committee will
advise the Chamber of Commerce on expenditures and will assist in the creation of the
annual budget for the Downtown Parking and Business Improvement Area (DPBIA). The
Atascadero Chamber of Commerce will serve as the advisory body and the
Page 57 of 161
ITEM NUMBER: A-7
DATE:
ATTACHMENT:
05/25/21
2
sub-contractor to the City regarding the Downtown Parking and Business Improvement
Area. The Chamber of Commerce is requesting that the City levy an assessment of 100%
of the business license fee for businesses in the DPBIA. Each licensed business in the
Improvement Area shall contribute to the assessment. Activiti es and improvements in
the DPBIA are funded by the assessment.
The proposed work plan and budget for Fiscal Year 2021/2022 is as follows:
BIA Funds requested for 2021/2022 $ 12,750
Carry over from 2020/2021 $ 1,730
BIA Cash Balance 02/28/21 $ 13,088
Estimated revenue from events $ 1,000
Total Proposed Funding $ 28,568
2021/2022 Proposed Expenditures:
Events $12,000
Beautification/Miscellaneous $12,000
Marketing $ 2,068
Administration $ 2,500
Total Proposed Expenditures for 2021/2022 $28,568
Fund Residual $ 0
This report shall be filed with the City Clerk on behalf of the DPBIA for Fiscal Year 2021-2022.
Page 58 of 161
ITEM NUMBER: B-1
DATE: 05/25/21
Atascadero City Council
Staff Report - Public Works Department
Proposition 218 Majority Protest Process Relative to
Proposed Increase to Wastewater (Sewer) Rates
RECOMMENDATIONS:
Council:
1. Conduct a public hearing to receive all written and verbal testimony regarding the
proposed wastewater (sewer) rates and consider the results of protest proceedings
in accordance with Proposition 218.
2. Adopt one of the following resolutions certifying the protest results:
A. For a non-majority protest – Draft Resolution A certifying that the number of
valid written protests were not received from property owners representing a
majority of the parcels subject to the proposed rate increase.
OR
B. For a majority protest – Draft Resolution B certifying that the number of valid
written protests were received from property owners representing a majority of
the parcels subject to the proposed rate increase .
3. If no majority protest exists, adopt Draft Resolution C approving proposed
wastewater rates effective July 1, 2021.
REPORT IN BRIEF:
The City is proposing to increase wastewater rates in order to accommodate the costs of
providing wastewater services due to a number of key factors including but not limited to
rising treatment and energy costs; impacts of regulation and legislation; and past and
continued critical upgrades and/or replacement of wastewater facilities and infrastructure.
A Wastewater Rate Study was completed in 2019 that proposed increases to sewer
service charges and sewer connection fees (capacity charges). These significant rate
increases were proposed to be phased in over a five year period. The rate increases
proposed for 2021-2022 would be the third of the five proposed phased in rate increases.
Page 59 of 161
ITEM NUMBER: B-1
DATE: 05/25/21
The City Council reviewed the rate study and proposed wastewater rates at their
March 23, 2021 meeting and directed staff to administer the Proposition 218 majority
protest process and send out notice of the proposed increases to all property owners
connected to the municipal sanitary sewer system. The Council also set a Public Hearing
for May 25, 2021 to consider proposed wastewater rate increases and receive any
protests from parcel owners subject to the rate increases. If a majority of valid protests
are received by the deadline established, the City cannot increase the proposed rates in
accordance with Proposition 218. If a majority of protests are not received, the City may
go ahead with the proposed rate increases.
DISCUSSION:
Background
The City of Atascadero owns and operates a wastewater collection and treatment system
that provides service to a portion of the City. The over 5,000 parcels served by the
wastewater collection and treatment system include residential, commercial, and light
industrial customers. The remainder of the City’s population is served by on -site
wastewater treatment systems (septic systems).
The City assumed ownership and operation of the wastewater collection and treatment
system from the Atascadero County Sanitation District in 1982 shortly after incorporation
(1979). While there have been upgrades, modifications, and additions to the wastewater
treatment facilities, the overall process has not changed significantly since 1982 and is
considered a stabilization pond treatment system. The wastewater collection system (also
referred to as the sanitary sewer system) is currently comprised of approximately 63 miles
of four to 21-inch diameter gravity sewer pipe, 1,460 manholes, 12 lift stations, 7 miles of
four to 16-inch diameter forcemain, and over 5,000 sewer service connections. This
system has expanded since 1982 but still has original pipes in service from the 1930’s.
Customers connected to the City’s sanitary sewer system are billed a monthly fixed
charge for the service the City provides to collect and treat the wastewater, which is called
a sewer service charge or wastewater service charge. This fixed rate methodology is
used since the City is not the water supplier and does not have access to individual
customer water consumption data. The monthly fixed charge used by the City is based
upon Equivalent Dwelling Units (EDUs), where one EDU is the basis for a single family
residence (SFR) service charge, based upon an estimated average daily flow of 240
gallons of wastewater and wastewater strength provided by the residence. Other
connection users are assigned a multiple or fraction of an EDU based upon expected
average daily flow and strength of wastewater compared to that of SFR. For example ,
an apartment or condo is 0.75 EDUs and charged 0.75 times that of a SFR service
charge, and a restaurant with less than 40 seats is 4 EDUs and charged 4 times tha t of a
SFR service charge. The City currently has approximately 8,400 EDUs in the system.
Sewer service charges are collected by placing a levy each year on the property taxes of
individual customers through San Luis Obispo County. The City provides dat a to the
County, including the Assessor’s Parcel Number (APN), and the associated sewer service
charge being levied on the property. The charge is included as a line item on the
Page 60 of 161
ITEM NUMBER: B-1
DATE: 05/25/21
customer’s property tax statements. Revenue from sewer service charges are paid to the
City twice each year.
Council directed staff at its March 23, 2021 meeting to administer the Proposition 218
majority protest process and send out notice of the proposed increases to all property
owners connected to the municipal sanitary sewer system. Council also set a Public
Hearing for May 25, 2021 for its consideration of the proposed wastewater rate increases.
Staff prepared and sent out notices to property owners on
April 5, 2021, which meets the 45-day noticing requirement for the Public Hearing. A
copy of the notice (Attachment 1) is included as reference.
Wastewater Rate Analysis
The City is dedicated to keeping rates low by maintaining lean staffing levels, absorbing
increasing operational and maintenance costs, and using reserves when necessary.
However, much like other utilities and services delivered to homes and businesses, the
costs involved to collect and treat wastewater have risen and continue to rise.
As part of the Wastewater Master Plan process, an independent engineering consultant,
MKN, assessed and analyzed the capital needs of the wastewater collection and
treatment systems. A Capital Improvement Program (CIP) was developed that identified
numerous capital facility replacements and upgrades to provide a safe and reliable
wastewater system. In addition to other projects, the most significant capital projects
identified consist of the Water Reclamation Facility treatment process improvements
totaling in excess of $23 million, and the Lift Station No. 13 and Force Main project totaling
about $5.5 million. These projects are expected to be completed within the next five years.
The CIP cost estimates exceed $52 million over the next ten years.
Tuckfield & Associates, an independent financial consultant, completed a comprehensive
wastewater rate study for the City’s wastewater enterprise in May 2019. This study
analyzed the City’s wastewater services, wastewater enterprise revenue and revenue
requirements, and current rate structure. The study also analyzed and determined the cost
of providing wastewater services and their corresponding impacts to customer’s bills. This
analysis identified a number of key factors that result in the proposed rates. These key
factors include, but are not limited to:
Rising treatment and energy costs
Impacts of regulation and legislation
Past and continued critical upgrades and/or replacement of wastewater facilities
and infrastructure
The wastewater rate study recommends increasing the current monthly sewer service
charge of $28.57 per SFR (or EDU) by $5.43 for a total monthly rate of $34.00. The report
further recommends similar percentile increases for each of the following years through
FY23/24. The table below shows the current and proposed FY21/22 sewer service
charges for the various connection user categories.
Page 61 of 161
ITEM NUMBER: B-1
DATE: 05/25/21
CURRENT AND PROPOSED MONTHLY SEWER SERVICE CHARGES
Classification Description EDU Multiple
Unit of
Measure
Monthly Rate
Current Proposed
Residential Fixed Charges
Single Family 1.00 Dwelling Unit $ 28.57 $ 34.00
Apartment, Condo 0.75 Dwelling Unit $ 21.43 $ 25.50
Mobile Home 0.60 Spaces $ 17.14 $ 20.40
Senior Apartment Unit 0.35 Dwelling Unit $ 10.00 $ 11.90
Non-Residential Fixed Charges
Financial Institutions 2.00 Unit $ 57.14 $ 68.00
Bars 1.50 Unit $ 42.86 $ 51.00
Carwash 7.50 Unit $ 214.28 $ 255.00
Churches/Meeting Halls
< 150 seats 1.33 Seats $ 38.00 $ 45.22
150 to 250 seats 2.66 Seats $ 76.00 $ 90.44
> 250 seats 3.00 Seats $ 85.71 $ 102.00
Commercial Unit 1.00 Unit $ 28.57 $ 34.00
Funeral Home 9.00 Unit $ 257.13 $ 306.00
Gas Station 2.00 Unit $ 57.14 $ 68.00
Grocery Store > 10,000 sq. ft. 8.00 1,000 sq. ft. $ 228.56 $ 272.00
Gymnasium 10.00 Unit $ 285.70 $ 340.00
Laundry 9.00 Unit $ 257.13 $ 306.00
Motel (per room) 0.33 Room $ 9.43 $ 11.22
Office Unit 1.00 Unit $ 28.57 $ 34.00
Rest Home (per bed) 0.35 Bed $ 10.00 $ 11.90
Restaurants
< 40 seats 4.00 Seats $ 114.28 $ 136.00
40 to 60 seats 6.00 Seats $ 171.42 $ 204.00
61 to 100 seats 8.00 Seats $ 228.56 $ 272.00
> 100 seats 10.00 Seats $ 285.70 $ 340.00
Schools (per student on March 1) 0.05 Student $1.43 $1.70
Theater 4.00 Unit $ 114.28 $ 136.00
Veterinarians 3.00 Unit $ 85.71 $ 102.00
Unlisted Uses2 1.00 Unit $ 28.57 $ 34.00
1 Proposed Rates effective July 1, 2021
2 Unlisted uses are determined by use of fixture units from the California Plumbing Code or as by
means deemed appropriate by the City Engineer.
3 EDU = Equivalent Dwelling Unit is the average daily flow of wastewater discharge from a
single family residence (240 gallons per day).
Staff analyzed what the current SFR monthly sewer service charge would be if Consumer
Price Index (CPI) values were applied each year since the last rate adjustment in 1993.
Using the Los Angeles-Long Beach-Anaheim area CPI values, the CPI-adjusted monthly
SFR sewer service rate would be $37.40 on July 1, 2020, an increase of $8.83 or 31%
Page 62 of 161
ITEM NUMBER: B-1
DATE: 05/25/21
higher than the current $28.57 rate. The following graph compares the actual and CPI-
adjusted rates.
Tuckfield & Associates conducted a wastewater rate survey for neighboring communities
to the City of Atascadero. The rate survey includes rate schedules in effect in April 2019.
The following chart compares the City’s monthly sewer service charge for a SFR to those
neighboring communities at the same use for rates in effect March 2021. As the chart
depicts, the current and proposed FY21/22 monthly sewer service bill is among the lowest
in San Luis Obispo County.
Comparison of Single-family Residential Monthly Wastewater Bills
For Rates in Effect March 2021
$-
$5.00
$10.00
$15.00
$20.00
$25.00
$30.00
$35.00
$40.00
$45.00
19931994199519961997199819992000200120022003200420052006200720082009201020112012201320142015201620172018201920202021Monthly SFR Sewer Service Charge Comparison
(1993 to 2020)
Actual CPI Adjusted Proposed Linear (CPI Adjusted)
$0 $20 $40 $60 $80 $100 $120 $140 $160 $180
Cambria CSD
Morro Bay
San Miguel CSD
San Luis Obispo
Templeton CSD
Paso Robles
Nipomo CSD
Pismo Beach
Arroyo Grande
Grover Beach
Oceano CSD
Heritage Ranch
Atascadero July 2021 Rates
Atascadero Current Rates
Page 63 of 161
ITEM NUMBER: B-1
DATE: 05/25/21
The study also analyzed capacity charges, or connection fees, that are one -time charges
paid by new customers as a capital contribution for capacity in the wastewater system.
These charges are similar to development impact fees and can be assessed to existin g
wastewater customers requiring increased capacity to serve changes in their
development or use occupancy. The proceeds from capacity charges are a financing
source for future facilities. The study recommends a capacity charge of $5,584 per SFR
(or EDU) with an annual adjustment based upon the Engineering News Record
Construction Cost Index. The City Council adopted new capacity charges on September
24, 2019, which went into effect on November 23, 2019.
The City has updated the customer database and performed a full audit and inventory of
all wastewater connection user classifications. The City and its consultants are
coordinating with Atascadero Mutual Water Company (AMWC) and utilizing water records
to complete a volumetric analysis of the water use patterns of the various groups of
connection user classifications. After this process, wastewater rates are recommended
to be re-evaluated and established for a four or five-year period, ideally FY22/23 through
FY26/27, with built-in CPI adjustments. While the majority of this analysis has been
completed, staff and its consultants are identifying impacts to existing customers and
evaluating if actual water use could be utilized to establish rates.
Public Hearing Procedures/Next Steps:
The Council should open the Public Hearing and receive public comment and protests.
Protests must be in writing and contain the required information below, as described in
the mailed notice and Resolution 2019-033, which established procedures for the
submission and tabulation of protests in connection with Proposition 218 rate hearings:
1. A statement it is a protest against the proposed rate that is the subject of the
hearing.
2. Name of the property owner or record customer who is submitting the protest.
3. Identification of assessor's parcel number and/or street address of the parcel with
respect to which the protest is made.
4. Original, wet signature and legibly printed name of the property owner or record
customer who is submitting the protest.
5. Date the protest was signed.
6. A certification, by the named property owner affirming the contents of the protest
are true and correct.
At the conclusion of the public hearing, the City Clerk shall tabulate all valid protests
received, including those received prior to the conclusion of the public hearing, and shall
report the result to the City Council. If the number of protests received is insufficient to
constitute a majority protest, then the City Clerk may determine the absence of a majority
protest without validating the protests received, but may instead deem them all valid
without further examination. Further, if the number of protests received is obviously
substantially fewer than the number required to constitute a majority protest, then the City
Clerk may determine the absence of a majority protest without opening the envelopes
which contain the protests.
If the City Clerk determines that additional time is needed to validate and tabulate the protests
because the City Clerk has not made the determination described above, then the City Clerk
shall so advise the City Council, which may continue the related portion of the meeting to
Page 64 of 161
ITEM NUMBER: B-1
DATE: 05/25/21
allow the validation and tabulation to be completed on another day or days. If so, then the
City Council shall declare the time and place of tabulation, which shall be conducted in a
place where interested members of the public may observe the tabulation, and the City
Council shall declare the time at which the meeting shall be continued to receive and act on
the tabulation report of the City Clerk.
There are 5,437 parcels connected to the sanitary sewer system and subject to the
proposed rate increases. Therefore, there needs to be 2,719 or more valid protests for
the majority protest to occur, whereby no proposed rate increase may be adopted. After
the City Clerk determines the results of the protest process, the City Council will adopt
one of two Draft Resolutions setting forth the results of the protest process. If the majority
of property owners do not protest, the City Council may go forwa rd with approving the
proposed rate increases. In accordance with Title 7, Chapter 10
(7-10.001) of the Municipal Code, the sewer service rates are adopted by Resolution. To
avoid confusion, the City Attorney’s office recommends that the new rates are not
effective for 30 days following adoption, or effective beginning July 1, 202 1.
FISCAL IMPACT:
If the number of valid written protests were not received from property owners
representing a majority of the parcels subject to the proposed rate , the City Council may
adopt Draft Resolution A and C. Doing so will result in an estimated $530,000 in
additional revenue from sewer service charges collected in FY21/22.
ALTERNATIVES:
1. If a majority protest is not received by property owners, Council has the option to
reduce the proposed rate increases but may not increase the rate over that proposed.
2. Council could take no action.
ATTACHMENTS:
1. Notice Concerning Proposed Wastewater Rate Increases and Public Hearing
2. Draft Resolution A Setting Forth the Results of the Protest Process (Non-Majority
Protest)
3. Draft Resolution B Setting Forth the Results of the Protest Process (Majority Protest)
4. Draft Resolution C Approving Proposed Wastewater Rates Effective July 1, 2021
Page 65 of 161
*At the time of printing, it is expected that this meeting will be held virtually. Should circumstances change, allowing physi cal
attendance at the meeting, the change will be noted on the City’s website with the posting of the agenda.
NOTICE CONCERNING PROPOSED WASTEWATER
INCREASES AND PUBLIC HEARING
To Property Owner/Customer:
NOTICE IS HEREBY GIVEN that on Tuesday, May 25, 2021, at 6:00 p.m., a public hearing will be held virtually* at
the City of Atascadero Council Chambers located at 6500 Palma Avenue, Atascadero, California 93422 to consider
proposed increases in wastewater rates. If approved by the City Council, the proposed rate increases will be effective
for services provided on or after July 1, 2021.
WHY ARE THE RATE CHANGES BEING
CONSIDERED?
The City is dedicated to keeping rates low by maintaining
lean staffing levels, absorbing increasing operational and
maintenance costs, and using reserves when necessary.
However, much like other utilities and services delivered
to homes, the costs involved to collect and treat
wastewater have risen and continue to rise. The City has
only increased sanitary sewer charges twice since 1994.
INDEPENDENT ANALYSIS
The City engaged an independent consulting engineer to
assess and analyze the capital needs of the wastewater
collection and treatment systems. The independent
engineer identified numerous capital facility
replacements and upgrades required to continue to
provide a safe and reliable wastewater system. In
addition to other projects, the most significant capital
projects identified consist of the Water Reclamation
Facility treatment process improvements totaling in
excess of $23 million and Lift Station #13 and Force Main
project totaling about $5.5 million, both projects expected
to be completed within the next five years.
Additionally, the City engaged an independent financial
consultant to analyze its wastewater services, revenues
and rates and prepare a Wastewater Rate Study. The
City commissioned this analysis to determine the cost of
providing wastewater services and their corresponding
impacts to customer’s bills. This analysis identified a
number of key factors that result in the proposed rates.
These key factors include, but are not limited to:
• Rising treatment and energy costs
• Impacts of regulation and legislation
• Past and continued critical upgrades and/or
replacement of wastewater facilities and
infrastructure
PROPOSED WASTEWATER REVENUE INCREASES
The City proposes to increase its wastewater service
charges. All wastewater customers would be charged a
fixed monthly wastewater service charge in the same
manner as they are currently charged. Customers of the
wastewater system are charged proportionally to their
wastewater flow and strength contributed to the
wastewater collection and treatment facilities. Proposed
wastewater service charges are provided on the
following page.
WASTEWATER MONTHLY BILL IMPACT FOR THE
AVERAGE RESIDENTIAL CUSTOMER
The wastewater bill for a single-family residential customer
will increase by $5.43 per month under the proposed rates.
Apartment and Condo bills will increase $4.07 per month
while Senior Apartment Units will increase by $1.90 per
month. Bills for Mobile Homes will increase $3.26 per
month. The table below provides the increase in monthly
charges for residential customers.
Revenues derived from the proposed rate changes do
not exceed the revenue requirements needed to provide
the property-related services by the City nor will the
revenues from the rates and charges referenced herein
be used for any purpose other than that for which the
corresponding rates are imposed. The amount of the
proposed rates imposed upon any parcel or person as
an incident of property ownership will not exceed the
proportional cost of the service(s) attributable to such
parcel; and no rate will be imposed for a service unless
that service is actually used by, or immediately available
to, the property or customer in question.
Current Proposed1 Difference
Single Family 28.57$ 34.00$ 5.43$
Apartment, Condo 21.43$ 25.50$ 4.07$
Mobile Home 17.14$ 20.40$ 3.26$
Senior Apartment Unit 10.00$ 11.90$ 1.90$
1 Proposed Rates effective July 1, 2021
Residential Classification
Monthly Rate
ITEM NUMBER: B-1
DATE: 05/25/21
ATTACHMENT: 1
Page 66 of 161
CURRENT AND PROPOSED MONTHLY SEWER SERVICE CHARGES
PUBLIC HEARING AND
PROTEST PROCEEDING
The City Council will hear and consider
all written protests and oral comments
to the proposed rate increases at the
Public Hearing. All interested parties
are invited to participate virtually in the
public hearing and present written
protests and/or oral comments on the
proposed rate increases referenced
herein. Direction and information for
participating in the meeting will be
available on the City Council Agenda
COVID cover page. Agendas are
available on the City’s website at
www.atascadero.org/agendas. Oral
comments made at the public hearing
will not qualify as formal protests of the
proposed rate increases unless
accompanied by a written protest
setting forth the required information
(as detailed below). Upon the
conclusion of the Public Hearing, the
City Council will consider adoption of a
resolution authorizing the rate
increases to the City’s wastewater
service charges as described in this
Notice. If written protests against the
proposed rate increases and
adjustments to the wastewater rates as
outlined below are not presented by a
majority of property owners of the
identified parcels upon which the
wastewater rates are proposed to be
imposed, the City Council will be authorized to impose the respective rate increases and adjustments. If adopted, the
proposed rate increases to the wastewater service charges will be in effect beginning July 1, 2021. Pursuant to State
law, written protests may be submitted by any record property owner of a parcel, subject to the proposed City rate
changes, against any or all of the proposed rate changes described in this Notice. However, only one written protest
will be counted per identified parcel. Any written protest must: (1) state that the identified property owner is in
opposition to the proposed increases to the wastewater rates; (2) provide the location of the identified parcel (by
street address or assessor’s parcel number (APN)); (3) include the printed name and original, wet signature of the
property owner submitting the protest; (4) date the protest was signed; and (5) certification by the named property
owner that the contents of the protest are true and correct. Written protests may be submitted by mail or in person to
the City Clerk at 6500 Palma Avenue, Atascadero, CA 93422, or at the Public Hearing on May 25, 2021 (date, time,
and location specified on the front of this Notice), provided they are received prior to the close of the Public Hearing,
which will occur when the public testimony on the proposed increases and adjustments is concluded. Due to the
inability to verify the authenticity of each individual protest, protests received by telephone, electronic mail (e-mail),
or via social media sites, including, but not limited to, Facebook or Twitter shall NOT be accepted. Please identify on
the front of the envelope for any written protest, whether mailed or submitted in person to the City Clerk, the following:
“Attn: Protest Wastewater Rate Increases”. Written protest in marked envelopes may be submitted in person by
dropping them off in the locked box in the foyer at City Hall.
For more information or questions about the proposed wastewater rate increases, written protest submittal
procedures, or public testimony options at the Public Hearing, you may contact the Department of Public Works at
(805) 470-3456 or visit the City’s website at www.atascadero.org. The City’s Wastewater Rate Study and protest
procedures will be available on the City’s website not later than the week of April 5, 2021.
ESTA CARTA ESTÁ DISPONIBLE EN ESPAÑOL, LLAME A TESS RAMIREZ (805) 470-3486
Current Proposed1
Residential Fixed Charges
Single Family 1.00 Dwelling Unit 28.57$ 34.00$
Apartment, Condo 0.75 Dwelling Unit 21.43$ 25.50$
Mobile Home 0.60 Spaces 17.14$ 20.40$
Senior Apartment Unit 0.35 Dwelling Unit 10.00$ 11.90$
Non-Residential Fixed Charges
Financial Institutions 2.00 Unit 57.14$ 68.00$
Bars 1.50 Unit 42.86$ 51.00$
Carwash 7.50 Unit 214.28$ 255.00$
Churches/Meeting Halls
< 150 seats 1.33 Seats 38.00$ 45.22$
150 to 250 seats 2.66 Seats 76.00$ 90.44$
> 250 seats 3.00 Seats 85.71$ 102.00$
Commercial Unit 1.00 Unit 28.57$ 34.00$
Funeral Home 9.00 Unit 257.13$ 306.00$
Gas Station 2.00 Unit 57.14$ 68.00$
Grocery Store > 10,000 sq. ft.8.00 1,000 sq. ft.228.56$ 272.00$
Gymnasium 10.00 Unit 285.70$ 340.00$
Laundry 9.00 Unit 257.13$ 306.00$
Motel (per room)0.33 Room 9.43$ 11.22$
Office Unit 1.00 Unit 28.57$ 34.00$
Rest Home (per bed)0.35 Bed 10.00$ 11.90$
Restaurants
< 40 seats 4.00 Seats 114.28$ 136.00$
40 to 60 seats 6.00 Seats 171.42$ 204.00$
61 to 100 seats 8.00 Seats 228.56$ 272.00$
> 100 seats 10.00 Seats 285.70$ 340.00$
Schools (per student on Mar. 1)0.05 Student 1.43$ 1.70$
Theater 4.00 Unit 114.28$ 136.00$
Veterinarians 3.00 Unit 85.71$ 102.00$
Unlisted Uses 2 1.00 Unit 28.57$ 34.00$
1 Proposed Rates effective July 1, 2021
2 Unlisted uses are determined by use of fixture units from the California Plumbing
Code or as by means deemed appropriate by the City Engineer.
Classification Description
EDU
Multiple
Unit of
Measure
Monthly Rate
ITEM NUMBER: B-1
DATE: 05/25/21
ATTACHMENT: 1
Page 67 of 161
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
05/25/21
2
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, SETTING FORTH THE RESULTS OF
PROTESTS IN CONNECTION WITH WASTEWATER (SEWER) RATE
HEARING CONDUCTED PURSUANT TO THE REQUIREMENTS OF
PROPOSITION 218
WHEREAS, Article XIIID, Section 6 of the California Constitution requires the City
Council to consider written protests to certain proposed increases to rates (fees or charges) for
utility services; and
WHEREAS, the City Council adopted Resolution No. 2019-033 establishing procedures
for the submission and tabulation of protests in connection with rate hearings conducted pursuant
to the requirements set forth in Article XIIID of the California Constitution to help ensure that the
rights of those persons that are authorized to protest service charges are preserved; and
WHEREAS, a Wastewater Rate Study was prepared for the City of Atascadero’s
Wastewater Enterprise and recommends increases to wastewater rates to meet the on-going
operational needs of the enterprise and needed funding for capital infrastructure requirements; and
WHEREAS, the City Council reviewed the Wastewater Rate Study at their regular
meeting on March 23, 2021 and directed staff to administer the Proposition 218 majority protest
process and send out notice of the proposed increases to all parcel owners subject to the increase
and set a Public Hearing for May 25, 2021 to consider proposed wastewater rate increases; and
WHEREAS, notices of the proposed wastewater rates and Public Hearing were mailed to
all parcel owners subject to the proposed increases at least 45 days prior to the Public Hearing; and
WHEREAS, the City Council conducted a Public Hearing for proposed wastewater rates
on May 25, 2021 to receive public comment and consider the results of protest proceedings in
accordance with Proposition 218; and
WHEREAS, the City Clerk has tabulated all valid protests received by the conclusion of
the May 25, 2021 Public Hearing and has determined that the number of valid protests received is
insufficient to constitute a majority protest (50% plus 1).
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1: Recitals. The above recitals are true and correct and are hereby incorporated
by reference.
SECTION 2: Protest Votes. The number of unique parcels eligible to file a protest was
5,437. The number of valid protests required to prevent adoption of the proposed rate increases is
2,719. The number of valid protests received by the City at the end of the May 25, 2021 Public
Hearing was __________________.
Page 68 of 161
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
05/25/21
2
SECTION 3: Results of Protests. The tabulation by the City Clerk of the number of valid
protests received on proposed wastewater rates is accepted and sets forth that the protest results
conclude that there is a insufficient number of valid protests received to constitute a majority
protest to the proposed wastewater rates, whereby allowing the consideration to adopt proposed
wastewater rates.
PASSED AND ADOPTED at a regular meeting of the City Council held on the __day of
____, 2021.
On motion by __________ and seconded by ___________, the foregoing Resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
Page 69 of 161
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
05/25/21
3
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, SETTING FORTH THE RESULTS OF
PROTESTS IN CONNECTION WITH WASTEWATER (SEWER) RATE
HEARING CONDUCTED PURSUANT TO THE REQUIREMENTS OF
PROPOSITION 218
WHEREAS, Article XIIID, Section 6 of the California Constitution requires the City
Council to consider written protests to certain proposed increases to rates (fees or charges) for
utility services; and
WHEREAS, the City Council adopted Resolution No. 2019-033 establishing procedures
for the submission and tabulation of protests in connection with rate hearings conducted pursuant
to the requirements set forth in Article XIIID of the California Constitution to help ensure that the
rights of those persons that are authorized to protest service charges are preserved; and
WHEREAS, a Wastewater Rate Study was prepared for the City of Atascadero’s
Wastewater Enterprise and recommends increases to wastewater rates to meet the on-going
operational needs of the enterprise and needed funding for capital infrastructure requirements; and
WHEREAS, the City Council reviewed the Wastewater Rate Study at their regular
meeting on March 23, 2021 and directed staff to administer the Proposition 218 majority protest
process and send out notice of the proposed increases to all parcel owners subject to the increase
and set a Public Hearing for May 25, 2021 to consider proposed wastewater rate increases; and
WHEREAS, notices of the proposed wastewater rates and Public Hearing were mailed to
all parcel owners subject to the proposed increases at least 45 days prior to the Public Hearing; and
WHEREAS, the City Council conducted a Public Hearing for proposed wastewater rates
on May 25, 2021 to receive public comment and consider the results of protest proceedings in
accordance with Proposition 218; and
WHEREAS, the City Clerk has tabulated all valid protests received by the conclusion of
the May 25, 2021 Public Hearing and has determined that the number of valid protests received is
sufficient to constitute a majority protest (50% plus 1).
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1: Recitals. The above recitals are true and correct and are hereby incorporated
by reference.
SECTION 2: Protest Votes. The number of unique parcels eligible to file a protest was
5,437. The number of valid protests required to prevent adoption of the proposed rate increases is
2,719. The number of valid protests received by the City at the end of the May 25, 2021 Public
Hearing was _______.
Page 70 of 161
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
05/25/21
3
SECTION 3: Results of Protests. The tabulation by the City Clerk of the number of valid
protests received on proposed wastewater rates is accepted and sets forth that the protest results
conclude that there is a sufficient number of valid protests received to constitute a majority protest
to the proposed wastewater rates, whereby disallowing the consideration to adopt proposed
wastewater rates.
PASSED AND ADOPTED at a regular meeting of the City Council held on the __day of
____, 2021.
On motion by __________ and seconded by ___________, the foregoing Resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
Page 71 of 161
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
05/25/21
4
DRAFT RESOLUTION C
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ESTABLISHING WASTEWATER RATES
(SEWER SERVICE CHARGES) FOR THE WASTEWATER DIVISION
WHEREAS, the City of Atascadero owns and operates a municipal wastewater collection
and treatment system for the safe and reliable disposal of wastewater in accordance with applicable
regulations; and
WHEREAS, the City of Atascadero levies and imposes a monthly sewer service charge ,
as provided by resolution of the City Council, upon the property owners of any parcels or premises
within the City that has any sewer connection or discharges wastewater to the municipal
wastewater collection and treatment system; and
WHEREAS, a Wastewater Rate Study was prepared by Tuckfield & Associates for the
City of Atascadero’s Wastewater Division that recommends increases to wastewater rates (sewer
service charges) to meet the on-going operational needs of the enterprise and needed funding for
capital infrastructure requirements; and
WHEREAS, the City Council reviewed the Wastewater Rate Study at their regular
meeting on March 23, 2021 and set a Public Hearing for May 25, 2021 to consider proposed
wastewater rate increases; and
WHEREAS, the City Council conducted a Public Hearing for proposed wastewater rates
on May 25, 2021 to receive public comment and consider the results of protest proceedings in
accordance with Proposition 218; and
WHEREAS, Article XIIID, Section 6 of the California Constitution requires the City
Council to consider written protests to certain proposed increases to rates (fees or charges) for
utility services; and
WHEREAS, the City Clerk tabulated all valid protests received by the conclusion of the
May 25, 2021 Public Hearing and has determined that the number of valid protests received is
insufficient to constitute a majority protest (50% plus 1); and
WHEREAS, the City Council accepted the City Clerk’s tabulation by Resolution No.
2021-___ at the May 25, 2021 Public Hearing which sets forth that the protest results conclude
that there was an insufficient number of valid protest received to constitute a majority protest to
the proposed wastewater rates, whereby allowing the consideration to adopt proposed wastewater
rates.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1: Recitals. The above recitals are true and correct and are hereby incorporated
by reference.
Page 72 of 161
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
05/25/21
4
SECTION 2: Sewer Service Charges Established. The Proposed Sewer Service Charges
as set forth in Exhibit A, attached hereto and incorporated herein by this reference, are hereby
approved and shall become effective thirty (30) days from adoption on June 24, 2021.
SECTION 3: Previous resolutions establishing Sewer Service Charges are superseded
upon the effective date of the Sewer Service Charges as established in Section 2 above, and are
hereby rescinded and rendered moot.
PASSED AND ADOPTED at a regular meeting of the City Council held on the __day of
____, 2021.
On motion by __________ and seconded by ___________, the foregoing Resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
Page 73 of 161
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
05/25/21
4A
EXHIBIT A
CURRENT AND PROPOSED MONTHLY SEWER SERVICE CHARGES
Classification Description EDU Multiple Unit of Measure
Monthly Rate
Current Proposed
Residential Fixed Charges
Single Family 1.00 Dwelling Unit $ 28.57 $ 34.00
Apartment, Condo 0.75 Dwelling Unit $ 21.43 $ 25.50
Mobile Home 0.60 Spaces $ 17.14 $ 20.40
Senior Apartment Unit 0.35 Dwelling Unit $ 10.00 $ 11.90
Non-Residential Fixed Charges
Financial Institutions 2.00 Unit $ 57.14 $ 68.00
Bars 1.50 Unit $ 42.86 $ 51.00
Carwash 7.50 Unit $ 214.28 $ 255.00
Churches/Meeting Halls
< 150 seats 1.33 Seats $ 38.00 $ 45.22
150 to 250 seats 2.66 Seats $ 76.00 $ 90.44
> 250 seats 3.00 Seats $ 85.71 $ 102.00
Commercial Unit 1.00 Unit $ 28.57 $ 34.00
Funeral Home 9.00 Unit $ 257.13 $ 306.00
Gas Station 2.00 Unit $ 57.14 $ 68.00
Grocery Store > 10,000 sq. ft. 8.00 1,000 sq. ft. $ 228.56 $ 272.00
Gymnasium 10.00 Unit $ 285.70 $ 340.00
Laundry 9.00 Unit $ 257.13 $ 306.00
Motel (per room) 0.33 Room $ 9.43 $ 11.22
Office Unit 1.00 Unit $ 28.57 $ 34.00
Rest Home (per bed) 0.35 Bed $ 10.00 $ 11.90
Restaurants
< 40 seats 4.00 Seats $ 114.28 $ 136.00
40 to 60 seats 6.00 Seats $ 171.42 $ 204.00
61 to 100 seats 8.00 Seats $ 228.56 $ 272.00
> 100 seats 10.00 Seats $ 285.70 $ 340.00
Schools (per student on Mar. 1) 0.05 Student $1.43 $1.70
Theater 4.00 Unit $ 114.28 $ 136.00
Veterinarians 3.00 Unit $ 85.71 $ 102.00
Unlisted Uses2 1.00 Unit $ 28.57 $ 34.00
1 Proposed Rates effective July 1, 2021
2 Unlisted uses are determined by use of fixture units from the California Plumbing Code or as by means deemed
appropriate by the City Engineer.
3 EDU = Equivalent Dwelling Unit is the average daily flow of wastewater discharge from a
single family residence (240 gallons per day).
Page 74 of 161
ITEM NUMBER: B-2
DATE: 05/25/21
Atascadero City Council
Staff Report - Community Development Department
Title 9 Chapter 17 (Cannabis Activities & Regulations)
Municipal Code Amendments to Add Non-Storefront Cannabis
Delivery Services and Security Provisions
(CPP20-0011)
RECOMMENDATIONS:
Council:
1. Introduce for first reading, by title only, Draft Ordinance A amending Atascadero
Municipal Code Title 9 Chapter 17 (Cannabis Activities & Regulations) and
determining this Ordinance is exempt from review under the California
Environmental Quality Act, based on findings.
OR
2. Introduce for first reading, by title only, Draft Ordinance B, amending Atascadero
Municipal Code Title 9 Chapter 17 (Cannabis Activities & Regulations) and
determining this Ordinance is exempt from review under the California
Environmental Quality Act, which includes amendment suggestions discussed by
the Planning Commission.
REPORT-IN-BRIEF:
In May of 2020, the City Council gave direction to staff to examine the options for an
update to the City’s Cannabis Regulations with the addition of commercial cannabis
business types. Over the past year, staff has presented information to Council to assess
the possibility and impact of allowing additional commercial cannabis business types in
the City. Based on this analysis and Council discussion, staff is suggesting minor
modifications to Title 9 Chapter 17 of the Municipal Code to allow for non-storefront
Cannabis retail businesses (delivery) to locate in the City of Atascadero with the approval
of a Conditional Use Permit (CUP). The Planning Commission reviewed the proposed
amendments on April 20, 2021 and voted 3-2 in favor of the amendments, however the
resolution did not pass since Government Code (36936) requires a majority of the entire
hearing body (at least four members) to vote for an action that involves a resolution. Two
of the commissioners were absent on April 20. However, the item can move forward to
the City Council for action, since a resolution from the Planning Commission is not
Page 75 of 161
ITEM NUMBER: B-2
DATE: 05/25/21
required on this item and the Council is authorized to take final action on Municipal Code
amendments. Attachment A includes a draft of the amendments to Title 9 Chapter 17 as
suggested by staff. Attachment B includes a draft of the amendments as suggested by
staff, but also including amendments suggested by the Planning Commission as part of
their “motion”. Those changes include relaxing background check requirements for
Cannabis business employees, and requiring a backup power source to keep security
measures in place in the event of a power failure.
DISCUSSION:
Background
In 2017, the City adopted an Ordinance amending the Zoning Code, (Atascadero
Municipal Code Title 9 Chapter 17), to implement changes in State law regarding
Cannabis. At that time, the City held extensive outreach meetings and considered all
categories of Cannabis business and personal uses. The existing Ordinance focused on
personal use and personal cultivation standards and allows for Cannabis testing labs to
establish in the City. Since that date, the industry has continued to change while State
laws have continued to be refined. In accordance with State law, the City is required to
allow retail Cannabis delivery services to operate within the City; however, the City is not
required to allow such businesses to base their operations within th e City. At this time
Cannabis deliveries are taking place, but from commercial locations outside of the City.
Due to the location of these businesses, the City is not receiving a portion of the sales tax
revenue; however, the City still receives the Cannabis tax revenue.
During recent discussions at the City Council strategic planning meetings, Council asked
staff to provide additional analysis regarding the City’s Cannabis Ordinance to evaluate
options for additional commercial Cannabis uses in the City.
In November 2020, the Atascadero City Council analyzed the following commercial
Cannabis land uses for their potential in the City:
Commercial cultivation (Indoor)
Cannabis manufacturing (non-volatile materials)
Distribution centers
The City Council considered the potential demand, land use impacts, and potential
benefits of these land uses, and decided to not move forward with including these land
uses in the City zoning policies at this time. However, the City Council gave direction to
staff to proceed with draft amendments to the City’s zoning code to allow non-storefront
delivery business through the consideration of a conditional use permit. These
businesses are not allowed to have customer visitation and would be required to obtain
a State Bureau of Cannabis Control (BCC) License Type 9 (non-storefront retailer) to
locate with a physical address within the City (see Attachment 3, non storefront cannabis
retailer fact sheet). This amendment would simply allow these existing delivery services
to establish a non-retail office and commercial address within the City. Staff has consulted
with the City’s Police Chief to review draft changes and ensure appropriate security
protocol review during the Cannabis business application process.
Page 76 of 161
ITEM NUMBER: B-2
DATE: 05/25/21
Some of the suggested security provisions include:
Security cameras that can be accessed by the City Police Department upon
request
Enclosed areas (within a roll up door) where a delivery vehicle can park and secure
cash and retail delivery items within the enclosed area which is not visible to the
public.
On-site Security guard during all business hours
Analysis
The City currently allows testing facilities as the only commercial Cannabis use to be
located within the City. Currently, there are no testing facilities that have chosen to locate
in the City. The proposed amendments in both Draft Ordinances (Attachment 1) would
allow delivery businesses that have a BCC Type 9 license to operate out of an office or
other commercial building in the City of Atascadero. The State calls the premises of these
businesses “Cannabis Retailer (Non- Storefront)”. These delivery businesses are
permitted to sell Cannabis goods exclusively through delivery. Delivery is typically
handled by a driver that is dispatched to residential locations within the City. These
businesses utilize a commercial location to store the product, base their deliveries and
generally operate their business. The premises of a non-storefront retailer are not open
to the public and can be subject to additional security and operations requirements.
Zoning Ordinance Changes for Delivery Uses
The amendments to Title 9, Chapter 17 of the Municipal Code (Attachment 1) will make
changes to the City’s zoning code to allow for a delivery business to conditionally operate
in the City. With approval of a CUP, the code proposes to establish this land use in the
Industrial (I), Commercial Professional (CP), Commercial Retail (CR), Commercial
Service (CS), and Commercial Park Zone (CPK) zones. Additionally, the Ordinance
amendments will ensure that delivery businesses are subject to specific conditions
through a review process that can help ensure mitigation of community impacts and to
ensure appropriate security measures are incorporated. In addition to the CUP process,
delivery (also termed Type 9 Businesses by the State) will also be subject to the following:
Community Benefit Agreement: May include a program or compensation to be
given to a community to mitigate the potential impacts of a commercial Cannabis
business.
Annual Review and Permit Fee: Will allow for annual review of all items submitted
for a commercial Cannabis CUP.
The following list is an example of considerations and requirements that will be
incorporated into any use permit for a Cannabis delivery service land use:
1. Distance requirements between land uses. Any commercial Cannabis use,
including a delivery facility, is prohibited within 600 feet from schools, parks,
daycare, youth centers, and related land uses in accordance with State law.
2. Performance criteria for any Cannabis delivery businesses may include:
a. Indemnification Form/Agreement
Page 77 of 161
ITEM NUMBER: B-2
DATE: 05/25/21
b. Security and Operations Plan. It is recommended that all Cannabis
businesses in the City be required to submit a Security Operations Plan.
This is typical of Cannabis permitting in adjacent cities and is included in
the application for CUP for Cannabis business licenses. This will include a
24-hour video surveillance system accessible to the City.
c. Signage Plan (no exterior signs that identify the business name or product
will be allowed on a delivery office site)
d. Employee Safety and Training Plan
e. City Tax and Fee Payment Plan
f. Vicinity Map showing distance to closest sensitive land uses.
g. Community Benefit Agreement to include a program or compensation to be
given to the community to mitigate the potential impacts of Cannabis
business.
h. Additional conditions of approval to be established through the Conditional
Use Permit process
Other Ordinance Changes
City staff is recommending a change that will allow the City to issue a Cannabis Operating
License to any cannabis business that operates within the City, whether or not they are
located within the City. Currently, there are eight or more delivery businesses that operate
in Atascadero but are based elsewhere. At this time, these businesses need a business
license to operate in the City. However, this license process should be accompanied by
a specific Cannabis Operating License process to allow the City to prescribe a list of
performance standards that are specific to Cannabis land uses. The Cannabis Operating
License would allow the City to more closely regulate out of town businesses to ensure
compliance with City Policy, State law, and to assist in the collection of tax revenue. If a
particular business does not follow State or local policy, or are reluctant to provide regular
tax payments to the City, the permit process would allow the City to have an additional
enforcement mechanism to regulate these businesses. A Cannabis Operating License
would not require additional City review in the form of a hearing, but would simply be an
additional form that would be handled in conjunction with the City business license at the
Community Development Department.
At the April 20, 2021 Planning Commission meeting, Commissioners suggested the
following changes be incorporated to the zoning update. These changes are not included
in Draft Ordinance A but are included in Draft Ordinance B for City Council consideration:
1. The Commission asked to revise language in Section 9-17.009 Section 8(i) to allow
for greater flexibility on the requirement for employees to have an extensive
background check. Currently, the City’s code requires that a background check be
provided for all employees, demonstrating that they do not have a criminal history.
The Planning Commission recommends that this section be amended to remove
misdemeanor language, while remaining consistent with State law as follows:
Existing Section:
o 9-17.009 8(i): No person who is currently charged with or has been convicted
within the previous ten years of a felony, a felony or misdemeanor involving
moral turpitude, or any crime involving the sale, possession for sale,
manufacture, transportation, cultivation, or distribution of a controlled
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substance, shall be an owner, corporate officer, partner, manager, employee,
or volunteer of a cannabis testing facility permitted under this chapter. A
conviction within the meaning of this section means a plea or verdict of guilty
or a conviction following a plea of nolo contendere or no contest.
Potential Language:
o 9-17.009 8(i): All owners, corporate officers, partners, managers,
employees, or volunteers of a cannabis facility permitted under this chapter
shall comply with background criminal history requirements under state law.
No person who is currently charged with or has been convicted within the
previous ten years of a felony involving moral turpitude, or any crime
involving the sale, possession for sale, manufacture, transportation,
cultivation, or distribution of a controlled substance shall be employed by a
cannabis business in the City.
2. The Commission asked that each cannabis business with a physical location in the
City have a backup generator that will allow security operations to continue in the case
of a power outage. This language is not included in the proposed text amendment in
Draft Ordinance A, but the language is included in Draft Ordinance B.
3. The Commission requested that the code be modified for consistency with State
law regarding the buffering of Cannabis uses from sensitive land uses. State law
requires this buffer for schools, day care centers, and youth centers. Both drafts of
the proposed amendments include the modified language.
Proposed Environmental Determination
The California Environmental Quality Act (CEQA) (Section 15061.(3), (b)) exempts
activities which are covered by the general rule that CEQA applies only to projects that
have the potential for causing a significant effect on the environment. The proposed text
amendment will not have any significant adverse environmental impacts.
Conclusion
A delivery business is expected to be similar to other existing small-scale commercial and
office uses in the City. Staff does not expect significant community impacts since there is
no on-site retail component and relatively low quantities of product and cash stored at
each site, and the City of Atascadero Police Department has also provided input on safety
and security measures. The enhanced CUP and review process for Type 9 businesses
will help ensure that any potential impacts are mitigated, while providing an opportunity
to review each proposal for compliance with City development standards. Additionally,
the CUP process and Design Review Committee review will en sure neighborhood
compatibility.
FISCAL IMPACT:
Staff expects minimal fiscal impact from the adoption of the proposed Title 9 Chapter 17
Cannabis text amendments and full cost recovery for review of commercial Cannabis
businesses projects. Additionally, the allowance of the additional use has the potential to
increase tax revenue generation for the City.
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ALTERNATIVES:
1. The City Council may make minor modifications to the text amendments.
2. The City Council may determine that more information is needed and may refer the
item back to staff to develop the additional information. The Council should clearly
state the type of information that is required and move to continue the item to a future
date.
3. The City Council may deny the proposed text amendments and zoning map change.
The Council should specify the reasons for denial of the project and recommend an
associated finding with such action.
ATTACHMENTS:
1. Draft Ordinance A
2. Draft Ordinance B
3. Fact Sheets from Bureau of Cannabis Control State Licensing regarding non-retail
delivery services
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DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE TITLE 9, CHAPTER 17 (CANNABIS ACTIVITIES &
REGULATIONS) AND DETERMINING THIS ORDINANCE IS EXEMPT
FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, an application has been received from the City of Atascadero to amend Title
9, Planning and Zoning, to implement provisions of the Medicinal and Adult Use of Cannabis
Regulation and Safety Act (MAUCRSA) for new regulations pertaining to cannabis regulations
within the City of Atascadero; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA), have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said zoning text amendments;
and
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held
on April 20, 2021, studied and considered the proposed zone text amendments to the Title 9
Chapter 17; and
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
May 11. 2021, studied the Planning Commission’s discussion and recommend edits in the failed
3-2 motion of the Commission and considered the proposed zoning text amendments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular
session assembled on May 25, 2021, resolved to introduce for first reading, by title only, an
Ordinance that would amend Title 9 Chapter 17 Cannabis Activities and Regulations as shown in
Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 3. Facts and Findings. The City Council makes the following findings,
determinations and approvals with respect to the Zone Text Amendment:
A. Findings for Approval of a Zone Text Change
FINDING: (i) The Title 9 Chapter 17 text amendment is consistent with General
Plan policies and all other applicable ordinances and policies of the City.
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FACT: The proposed zone text amendments align the code requirements with the
vision, intent and policies of the adopted General Plan.
FINDING: (ii) This Amendment of Title 9 Chapter 17 will provide for the orderly
and efficient use of lands where such development standards are applicable.
FACT: The proposed text amendment provides for orderly development in
accordance with the adopted General Plan for the compatible use of the property
based on neighborhood characteristics.
FINDING: (iii) The Text Change will not, in itself, result in significant
environmental impacts.
FACT: The proposed text changes are minor and do not trigger any environmental
impacts.
SECTION 4. CEQA. The proposed zoning text change is exempt from the California
Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because it can
be seen with certainty that there is no possibility that the enactment of this Ordinance would have
a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§
15378(b)(4), 15061(b)(3).
SECTION 5. Approval. Atascadero Municipal Code Title 9 Planning & Zoning Chapter
17 is amended as detailed in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance
be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth
in this Ordinance.
SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code
or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring before this
Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero
Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such
previous Atascadero Municipal Code provision or other City Ordinance to remain in full force
and effect for all purposes.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
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SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
INTRODUCED at a regular meeting of the City Council held on May 25, 2021, and PASSED,
APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California,
on ______.
CITY OF ATASCADERO
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
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Chapter 17 Cannabis Activities & Regulations
9-17.001 Title.
This chapter shall be known as the cannabis regulations of the City of Atascadero. (Ord. 612 § 2,
2017)
9-17.002 Purpose and intent.
(a) Purpose. It is the purpose and intent of this chapter to implement the provisions of the
Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) and to provide access to
adult-use of cannabis for persons over the age of twenty-one (21) as authorized by “Proposition 64”
passed by California voters in 2016, while imposing sensible reasonable regulations on the use of land to
protect the City’s residents, neighborhoods, and businesses from disproportionately negative impacts. As
such, it is the purpose and intent of this chapter to regulate the cultivation, processing, manufacturing,
testing, sale, delivery, distribution and transportation of medicinal and adult-use cannabis and cannabis
products in a responsible manner to protect the health, safety and welfare of the residents of Atascadero
and to enforce rules and regulations consistent with State law.
(b) Non-Conflicting Enactment. Nothing in this chapter is intended to authorize the possession, use
or provision of cannabis for purposes that violate State or Federal law.
(c) Additional Provisions. The provisions of this chapter are in addition to any other permits,
licenses and approvals which may be required to conduct business in the City, and are in addition to any
permits, licenses and approval required under State, County, or other law. (Ord. 612 § 2, 2017)
9-17.003 Definitions.
For the purposes of this chapter, the following definitions shall apply.
(a) Accessory Structure. An accessory structure is a detached structure, with a “u” occupancy that
is accessory to and subordinate to the primary residential use.
(b) Cannabis. “Cannabis” shall have the meaning set forth in Business and Professions Code
Section 26001(f), which includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified,
extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or
purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber,
oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this
chapter, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and
Safety Code.
(c) Cannabis Canopy. All areas occupied by any portion of a cannabis plant, encompassing all
vertical planes (i.e., stacking of plants), whether contiguous or noncontiguous on any one (1) site.
“Cannabis canopy” shall be measured by taking the longest length and widest width of existing plants
(including all gaps and open areas between plants) and multiplying the length and width to get square
footage.
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(d) Cannabis Greenhouse. A fully enclosed permanent structure that is clad in transparent
material. Cannabis cultivation within an enclosed, non-transparent greenhouse is considered indoor
cultivation.
(e) Cannabis Hoop Structure. A readily removable plastic covered hoop structure without in-
ground footings or foundations, which are not more than twelve (12) feet in height and do not have
vertical sides that exceed four (4) feet in height. Cannabis hoop structures are accessory uses on
residential land use categories which shall not exceed one hundred twenty (120) square-feet. Cannabis
cultivation within hoop structures is considered outdoor cultivation.
(f) Cannabis Operating license. An annual cannabis operating license as may be required by the
City of Atascadero pursuant to Title 3 of this code to operate a commercial activity within the City
whether the business is located within the City or not.
(f) (g) Cannabis Testing Facility. A facility, entity, or site that offers or performs testing of cannabis or
cannabis products and that is both accredited by an accrediting body that is independent from all other
persons involved in the cannabis industry in the state, and registered with and licensed by the California
State Department of Public Health.
(g) (h) Commercial Cannabis Activity. “Commercial cannabis activity” shall have the meaning
set forth in Business and Professions Code Section 26001(k), which includes the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation,
delivery or sale of cannabis or cannabis products as provided in MAUCRSA (Business and Professions
Code Section 26000 et seq.) and for which a state license is required. Commercial cannabis activity shall
also include the sale or distribution of cannabis and/or cannabis products, in exchange for compensation
in any form, for medicinal purposes under Health and Safety Code Sections 11362.5 and 11362.7 et seq.
(h) (i) Cultivation. “Cultivation” shall have the meaning set forth in Business and Professions
Code Section 26001(l), which includes any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of cannabis.
(i) (j) Day Care Center. “Day care center” shall have the same meaning as Health and Safety Code
Section 1596.76, which means any child day care facility other than a family day care home, and includes
infant centers, preschools, extended day care facilities, and school-age child care centers.
(j) (k) Fully Enclosed Structure. A fully enclosed space within a building or separate structure
that complies with the California Building Code (CBC), as adopted by the City of Atascadero, or if
exempt from the permit requirements of the CBC, that has a complete roof, foundation, slab or equivalent
base to which the floor is secured by bolts or similar attachments, and non-transparent walls on all sides.
(k) (l) Indoor Cultivation. Cultivation, as defined in subsection (h), of this section, within a fully
enclosed structure, as defined in subsection (j) of this section.
(l) (m) Outdoor Cultivation. Any location within the City of Atascadero that is not within a fully
enclosed structure, or cannabis green house, as defined in subsection (d) of this section.
(m) (n) Personal Cultivation. Cultivation of cannabis at a private residence, as defined by
subsection (n) of this section, for non-commercial cannabis activities, which is defined in subsection (g).
(n) (o) Private Residence. A house, apartment unit, mobile unit, or other similar dwelling unit that
is legally permitted within the City of Atascadero, and is considered a residential occupancy type in the
California Building Code, as adopted by the City of Atascadero.
(o) (p) Retail Cannabis Delivery Center. A “retail cannabis delivery center” is a facility from
which deliveries of cannabis and/or cannabis products originate pursuant to orders placed by customers
inside and/or outside the City
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Retail Non-Storefront Facility. A “retail non-storefront facility” is a commercial cannabis facility that
operates out of a state and City licensed commercial business location which sells cannabis goods to
customers exclusively through delivery with no on-site customer services of any kind.
(p) (q) School. A private or public educational facility providing instruction in kindergarten or
grades 1 through 12.
(q) (r) State Cannabis Laws. “State Cannabis Laws” shall mean and include California Health and
Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5
(Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83
(Medical Marijuana Program Act); California Health and Safety Code Sections 26000 through 26211
(Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”)); California Health and
Safety Code Sections 26220 through 26231.2; the California Attorney General’s Guidelines for the
Security and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008, as such
guidelines may be revised from time to time by action of the Attorney General; California Labor Code
Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5;
California Fish and Game Code Section 12029; California Water Code Section 13276; all State
regulations adopted pursuant to MAUCRSA; and all other applicable laws of the State of California.
(r) (s) Youth Center. “Youth center” shall have the same meaning as Health and Safety Code
Section 11353.1, which includes any public or private facility that is primarily used to host recreational or
social activities for minors, including, but not limited to, private youth membership organizations or
clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. (Ord. 612
§ 2, 2017)
9-17.004 Personal cannabis cultivation.
The following regulations pertain to the personal cultivation of cannabis.
(a) All cannabis cultivation is prohibited within the City except that no more than six (6) living
cannabis plants may be planted, cultivated, harvested, dried, or processed within a single private
residence, or upon the grounds of that private residence, at one (1) time. In no instance may personal
cultivation occur on vacant property.
(b) Indoor Cultivation Regulations. Indoor cultivation on residential properties is subject to the
following regulations:
(1) Indoor cannabis cultivation shall only occur inside a private residence or an accessory structure
to a private residence that is fully enclosed and secured against unauthorized entry.
(2) Sleeping Rooms within Residential Occupancies. Indoor cultivation may not occur inside
rooms designed for sleeping. Sleeping rooms are defined by the California Building Code for residential
occupancies.
(c) Outdoor Cultivation. Outdoor cultivation on residential properties is subject to the following
regulations:
(1) Visibility. Outdoor cannabis cultivation shall not be visible from public rights-of-way or
neighboring properties.
(2) Screening. Outdoor cannabis cultivation must be completely screened with permanent fencing
and/or landscaping. Fencing must be compatible with the neighborhood and be constructed of wood
pickets, block, or other typical fencing materials.
(3) Prohibited Fence Types. Electrical fencing, razor wire fencing, chain link fencing, barbwire,
plywood and other unfinished materials; shade cloth, plastic, plywood, OSB and other temporary
screening materials shall not be allowed.
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(4) Fencing Height. Fencing for screening of outdoor cannabis cultivation must not exceed seven
(7) feet in height, measured from natural grade. Additional plastic or other materials attached, suspended,
or supported beyond the seven (7) foot height limitation shall be prohibited.
(d) Setbacks. Personal cannabis cultivation shall be subject to the following setback requirements:
(1) Property line. Cannabis greenhouses, cannabis hoop-structures, and all outdoor cannabis
cultivation must be located fifteen (15) feet or more from the edge of property lines.
(2) Distance from Adjacent Residences. Cannabis greenhouses, cannabis hoop-structures, and all
outdoor cannabis cultivation must be located twenty-five (25) feet or more from the nearest adjacent
residence.
(3) Front Setback. No cannabis cultivation may occur within a designated front setback as defined
in Section 9-4.106 of this title.
(e) Total Coverage of Personal Cannabis Cultivation.
(1) Indoor Cannabis Cultivation. Indoor cannabis cultivation shall not take up more than one
hundred twenty (120) square feet of indoor residential space.
(2) Outdoor Cannabis Cultivation. Outdoor cannabis cultivation shall not take up more than one
hundred twenty (120) square feet of cannabis canopy coverage.
(f) Property Owner Consent. Where a private residence is not occupied or inhabited by the owner
of the residence, the owner of the property must provide written consent expressly allowing cannabis
cultivation to occur at said private residence.
(g) Applicability of Adopted Building Codes. All personal cannabis cultivation at a private
residence shall comply with applicable Building Code requirements set forth in the Atascadero Municipal
Code Title 8.
(h) Use of Solvents. There shall be no use of gas products (CO2, butane, propane, natural gas,
etc.) on a property for purposes of cannabis cultivation.
(i) Waste Disposal. The following regulations apply to the disposal of cannabis waste on
residential property:
(1) Cannabis and cannabis infused products must be disposed in a secure waste receptacle located
on the residential property.
(2) Cannabis plants and products must be rendered unusable and unrecognizable by grinding and
incorporating cannabis waste with any non-consumable solid waste with a resulting mixture of at least
fifty percent (50%) non-cannabis waste. (Ord. 612 § 2, 2017)
9-17.005 Commercial cannabis activities.
All commercial cannabis activities are prohibited unless specifically allowed in this Table 17-1. It is
unlawful for any person to commence, operate, engage in, to conduct, or carry on (or to permit to be
commenced, operated, engaged in, conducted or carried on) in or upon any property located within the
City, a commercial cannabis activity unless that person does so in strict compliance with State Cannabis
Laws, this section, and all applicable Municipal Code provisions.
Business License Tax Certificate and Payment of Cannabis Business Tax Required. No
person shall commence, operate, engage in, conduct, or carry on a commercial cannabis activity, whether
doing so from a fixed location in the City or coming into the City from an outside location to engage in
such activities, without obtaining and continuously maintaining a business license tax certificate pursuant
to Title 3, Chapter 18 of this code (Cannabis Business Taxes) and remitting timely payments of applicable
taxes pursuant to Title 3, Chapter 18 of this code.
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(a) Table 17-1 identifies the uses of commercial cannabis activities that are permitted in non-
residential districts, and the planning permit required to establish each use, in compliance with Chapters
9-1 and 9-2 of this code. All other commercial cannabis uses not otherwise lists in Table 17-1 shall be
prohibited.
Table 17-1 – Commercial Cannabis Use Table
Allowed Land
Uses and Permit
Requirements
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Non-Residential
Zones
◻ Not Permitted
Use
Permitted Uses By Zones
CN CP CR CS CT CPK DC DO IP I
Commercial Cannabis Activity
Testing Facility CUP CUP AUP AUP AUP AUP
Retail Non-
storefront Facility CUP CUP CUP CUP CUP CUP
(Ord. 612 § 2, 2017)
9-17.006 Commercial cannabis activities development standards.
(a) The following are development standards for permitted commercial cannabis activities:
(1) On-Site Sales. Retail or wholesale sales to the public are prohibited.
(2) Distance. Commercial Cannabis activities shall be prohibited within six hundred (600) feet of
schools, parks, and youth centers, or day care centers. All distances specified in this section shall be
measured in a straight line, without regard to intervening structures or topography, from the nearest point
of the building or structure in which the commercial cannabis activity is, or will be located, to the nearest
property line of the parcel where such use is located. If the commercial cannabis activity is, or will be
located, in a multi-unit building, the distances shall be measured from the nearest point of the suite in
which the cannabis business is or will be located.
(3) Signage. On-site signage for a commercial cannabis activity that is viewable from the exterior
of the premises shall comply with all local signage laws applicable to the permitted and licensed
premises, including Chapters 9-15 of this Code. Signage may not be designed to appeal to children, or
contain any false or misleading statements, or make any misrepresentations.
(b) Cannabis Deliveries. The following standards apply to licensed, permitted retail non-storefront
facilities: located outside the incorporated City limits of the City of Atascadero:
(1) Deliveries within Incorporated City Limits. State-licensed retail non-storefront facilities located
outside the City may personally deliver cannabis and cannabis products to individuals located at private
residences within the City, provided that such deliveries are in strict compliance with State and City
Cannabis Laws and the Municipal Code and said retailer has obtained a business license tax certificate, is
paying the applicable business license tax under Municipal Code Chapter 3-5, and is paying the
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applicable cannabis business tax under Title 3 Chapter 18 of this title (Cannabis Business Tax). All other
deliveries of cannabis and/or cannabis products are prohibited.
(2) Vehicle Advertising. Vehicles used in the delivery process must be unmarked without any
designation or logo that identifies the vehicle as a cannabis delivery vehicle.
(3) Delivery Times. A licensed retailer may only engage in deliveries between the hours of 6:00
a.m. and 10:00 p.m. Pacific Time.
9-17.007 Commercial cannabis application and procedures.
(a) Application Requirements. Any person applying for an AUP or CUP for a licensed, permitted
commercial cannabis facility activity, as allowed under this chapter, must submit the following
information with their application:
(1) The name of the proposed commercial cannabis testing activity including, if applicable, the
name on file with the California Secretary of State and any fictitious business names and/or DBAs.
(2) The location of the proposed commercial cannabis cannabis testing facility activity (must
comply with the zoning and location restrictions set forth above).
(3) The names, addresses, and contact information for each owner of the proposed cannabis testing
facility commercial cannabis activity.
(4) If the proposed commercial cannabis cannabis testing facility activity is incorporated, the
names, titles, addresses, and contact information of each corporate officer, the name, address, and contact
information of the agent for service of process, a certified copy of the articles of incorporation, and copy
of the bylaws.
(5) If the proposed commercial cannabis cannabis testing activity facility is a partnership, the
names, addresses, and contact information for each partner and the agent for service of process.
(6) The name and contact information for each manager of a proposed commercial cannabis
business, establishment, or facility. If such information is not available at the time the application is
submitted, the proposed commercial cannabis business, establishment, or facility shall submit such
information to the Community Development Department as soon as it becomes available.
(7) For each owner, corporate officer, partner, manager, employee, or volunteer, a criminal history
(“LiveScan”) prepared not more than two (2) weeks prior to the date of submitting the application
demonstrating that there are no pending charges or convictions for any crime ( including, without
limitation, theft, fraud, deceit, or assault) within the previous ten (10) years, and that the subject is not
currently on parole or probation for the sale, possession for sale, manufacture, transportation, cultivation,
or distribution of a controlled substance. For each owner, corporate officer, partner, manager, employee,
or volunteer who becomes part of a commercial cannabis facility after the required permit is issued, the
commercial cannabis facility must submit the required criminal history to the Community Development
Department within two weeks of the new owner, corporate officer, partner, manager, employee, or
volunteer joining the operation.
(8) A site plan and operations plan that demonstrate how the proposed commercial cannabis
cannabis testing facility activity has already complied or will comply with the requirements of this
chapter.
(9) A copy of all required permits and certificates under Title 8 (Buildings Code) of this Code or
an acknowledgment that the proposed cannabis testing facility will obtain all required permits and
certificates under Title 8 prior to its opening, establishment, operation, and/or commencement.
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(10) The name, address, and contact information for the owner of the property on which the
proposed commercial cannabis cannabis testing activity facility will be located.
(11) An agreement signed by the owner of the property on which the proposed commercial cannabis
cannabis testing activity facility is located consenting to use of the property as a for a commercial
cannabis testing facility activity and agreeing to indemnify, defend (with an attorney selected by the city),
and hold harmless The City of Atascadero from any claims, damages, legal or enforcement actions arising
from the use of the property for a commercial cannabis activtityas a cannabis testing facility.
(12) Any supplemental information requested by the Community Development Director or designee
to establish compliance with the requirements of this chapter. (Ord. 612 § 2, 2017)
9-17.008 Commercial cannabis application approval or denial of entitlement.
(a) Criteria for Issuance or Denial of Permit. In addition to the criteria for land use permits set forth
in this title, the Planning Commission, or the City Council on appeal, shall consider the following criteria
in determining whether to grant or deny a land use permit for a commercial cannabis testing activity
facility:
(1) That the proposed location of the commercial cannabis activity testing facility is not identified
by the City Chief of Police, or designee, as an area of increased or high crime activity.
(2) For those applicants who have operated other businesses within the City, that there have not
been significant numbers of calls for police service, crimes or arrests in the area of the applicant’s other
business.
(3) That the location is not prohibited by the provisions of this section or any local or state law,
statute, rule, or regulation, and no significant nuisance issues or problems are likely or anticipated, and
that compliance with other applicable requirements of the City’s Zoning Ordinance will be accomplished.
(4) That the operations plan and site plan have incorporated features necessary to assist in reducing
potential crime-related problems and as specified in the operating requirements section. These features
may include, but are not limited to, security on-site; procedure for allowing entry; openness to
surveillance and control of the premises; the perimeter, and surrounding properties; reduction of
opportunities for congregating and obstructing public ways and neighboring property; illumination of
exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior.
(5) That all reasonable measures have been incorporated into the operations plan and site plan or
consistently taken to successfully control and/or prevent disturbances, vandalism, traffic problems,
cannabis use in public, public or private nuisances, or interference in the operation of another business.
(6) That the commercial cannabis testing activity facility is likely to have no potentially adverse
effect on the health, peace, or safety of persons living or working in the surrounding area, overly burden a
specific neighborhood, or contribute to a public nuisance.
(7) That any provision of the Municipal Code or condition imposed by a City-issued permit, or any
provision of any other local or State law, regulation, or order, or any condition imposed by permits issued
in compliance with those laws, will not be violated.
(8) That the applicant has not made a false statement of material fact or has omitted to state a
material fact in the application for a permit.
(9) That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or
practices with respect to the operation of another business. (Ord. 612 § 2, 2017)
(10) Conditions of approval may require that a commercial cannabis activity be subject to conditions
that mitigate potential impacts of the sale of cannabis products in the community.
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(b) Indemnification. The applicant or its legal representative shall:
(1) Indemnify and hold the City harmless from any and all claims, damages, legal or enforcement
actions, including, but not limited to, any actions or claims associated with violation of Federal law
associated with the operation of the commercial cannabis activity; defend, at its sole expense, any action
against the City, its agents, officers, and employees related to the approval of an entitlement for or the
operation of the commercial cannabis activity; reimburse the City for any court costs and attorney fees
that the City may be required to pay as a result of any legal challenge (or Federal enforcement action)
related to the City’s approval of an entitlement for or the operation of the commercial cannabis activity.
(2) Maintain insurance in the amounts and of the types that are acceptable to the City pursuant to
guidelines and policies set forth by the local licensing authority and name the City as an additionally
insured on all City-required insurance policies.
9-17.009 Commercial cannabis operational requirements.
(a) Operational Requirements.
(1) A cannabis testing facility permitted under this section may only operate between the hours
of 7:00 a.m. and 8:00 p.m. Pacific Time.
(2) A retail non-storefront delivery facility permitted under this section may only operate between
the hours of 6:00 a.m. and 10:00 p.m. Pacific Time.
(3) Any commercial cannabis testing activity facility permitted under this chapter must comply
with all applicable State Cannabis Laws, including but not limited to the requirement of a valid State
license to operate a commercial cannabis activity.
(4) A commercial cannabis testing activity facility permitted under this chapter must comply with
all applicable provisions of Titles 5 and 8 of this Code.
(5) A commercial cannabis testing activity facility permitted under this section may not employ
any person who is not at least eighteen (18) years of age.
(6) A commercial cannabis testing activity facility permitted under this section shall not conduct or
engage in the commercial or retail sales of any cannabis or cannabis products on the premises of the
cannabis testing facility.
(7) No cannabis cultivation may occur on the property of a commercial cannabis activity facility
permitted under this chapter.
(8) A commercial cannabis testing activity facility permitted under this chapter may not allow or
permit the use, inhalation, smoking, eating, ingestion, or consumption of cannabis or cannabis products
on the property of the commercial cannabis activity, including in the parking areas of such property.
(9) Criminal Background Requirements.
(i) All owners, corporate officers, partners, managers, employees, or volunteers of a commercial
cannabis activity permitted under this chapter shall comply with background criminal history
requirements under state law. No person who is currently charged with or has been convicted within the
previous ten years of a felony or misdemeanor involving moral turpitude or any crime involving the sale,
possession for sale, manufacture, transportation, cultivation, or distribution of a controlled substance shall
be employed by a cannabis business in the City.
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No person who is currently charged with or has been convicted within the previous ten years of a felony,
a felony or misdemeanor involving moral turpitude, or any crime involving the sale, possession for sale,
manufacture, transportation, cultivation, or distribution of a controlled substance, shall be an owner,
corporate officer, partner, manager, employee, or volunteer of a cannabis testing facility permitted under
this chapter. A conviction within the meaning of this section means a plea or verdict of guilty or a
conviction following a plea of nolo contendre or no contest.
(ii) Prior to commencing any work within or on behalf of a commercial cannabis facility permitted
under this chapter, each owner, corporate officer, partner, manager, employee, and volunteer must
complete a current criminal history background check that demonstrates compliance with subsection
(g)(13)(i). Each criminal history background check must be updated every twelve (12) months.
(iii) A testing commercial cannabis activity facility permitted under this section shall maintain a
complete register of each owner, corporate officer, partner, manager, employee, and volunteer working
for and/or associated with the cannabis testing facility, including a copy of each required criminal history
background check. The register and required records must be made available for inspection by any city
officer or official for purposes of determining compliance with this chapter.
(iv) A commercial cannabis testing activity facility permitted under this chapter shall notify the
city in writing of any disqualifying conviction described in subsection (g)(13)(i) for an owner, corporate
officer, partner, manager, employee, or volunteer within ten (10) days of the conviction.
(v) A commercial cannabis activity testing facility permitted under this chapter may submit to the
Police Chief a written request for a waiver of the prohibition in subsection (g)(13)(i) with regard to a
particular owner, corporate officer, partner, manager, employee, or volunteer, on the ground that such
person’s involvement with the cannabis testing facility will not pose a threat to public safety. The Police
Chief, in his or her unfettered discretion, may deny such a written request, subject to the appeal
procedures set forth in Municipal Code Sections 1-2.13 through 1-2.16.
(10) A commercial cannabis activity testing facility permitted under this chapter shall provide the
name, phone number, facsimile number, and e-mail address of a manager or representative who can be
reached twenty-four (24) hours a day in the event that the city decides to provide notice of an operating
problem associated with the commercial cannabis facility.
(11) Disposal of chemical, dangerous or hazardous waste must be conducted in a manner consistent
with Federal, State and local laws, regulations, rules or other requirements. Cannabis waste must be made
unusable and unrecognizable prior to leaving the licensed premises by grinding it and incorporating it
with fifty percent (50%) non-cannabis waste.
(12) A commercial cannabis activity testing facility permitted under this chapter must pay any
applicable taxes pursuant to Federal, State, and local law.
(13) A commercial cannabis testing facility activity permitted under this chapter shall provide a
secured storage area on-site. All cannabis and cannabis products shall be stored in this area during non-
business hours. (Ord. 612 § 2, 2017)
(14) A commercial cannabis activity permitted under this chapter may be required to provide a
video surveillance system that is accessible by the City of Atascadero.
(15) A commercial cannabis activity permitted under this chapter may be required to provide a
security plan that outlines private security services on site for twenty four-hours a day.
(16) A Retail Non-Storefront Facility location in the City of Atascadero shall include an on-site
concealed location within the building where all cannabis products and cash are loaded or unloaded
onto a delivery vehicle. The concealed location shall be within an enclosed area not visible or
accessible to the public.
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(17) The premises of a commercial cannabis activity must be equipped with an odor absorbing
ventilation and exhaust system so that odor generated inside the premises that is distinctive to the
operation of the commercial cannabis activity is not detected outside the premises, anywhere on
adjacent property or public rights-of-way, on or about any exterior or interior common area
walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use
by tenants or the visiting public, or within any other unit located within the same building as the
commercial cannabis activity. As such, a commercial cannabis activity must install and maintain the
following equipment or any other equipment which local licensing authority determines has the
same or better effectiveness:
(i) An exhaust air filtration system with odor control that prevents internal odors from being
emitted externally; or
(ii) An air system that creates negative air pressure between the premises’ interior and exterior so
that the odors generated inside the premises are not detectable outside the premises.
9-17.010 Suspension and revocation of entitlement.
(a) Suspension, Modification and Revocation.
(1) Authority to Suspend or Revoke. Any permit issued for a commercial cannabis activity facility
may be suspended, modified or revoked by the Planning Commission if it shall appear to the Commission
that the permittee has violated any of the requirements of this chapter or the Municipal Code, the
permittee is operating in a manner which violates the operational requirements or operational plan
required by this chapter, the permittee is operating in violation of any condition of approval set forth in
the use permit approval, the permittee is operating in a manner which constitutes a nuisance, the
permittee’s state license under MAUCRSA has been suspended, revoked, or terminated, or the permittee
is operating in a manner which conflicts with state or federal law.
(2) Annual Review of Permitted Commercial Cannabis Testing activities. The Community
Development Department and the Police Department are hereby authorized to conduct an annual review
of the operation of each permitted commercial cannabis testing facility activity within the City for full
compliance with the business license regulations, cannabis tax collection requirements, operational
recordkeeping, nuisance and all other requirements of this chapter, the Atascadero Municipal Code, and
state licensing. A fee in an amount set by resolution of the City Council may be established in order to
reimburse the City for the time involved in the annual review process. The staff may initiate a permit
suspension or revocation process for any commercial cannabis testing facility activity which, upon
completion of an annual review, is found not to be in compliance with the requirements of this chapter or
which is operating in a manner which constitutes a public nuisance. Staff may, based upon its annual
review of the operation of a commercial cannabis testing facility activity, place on a Planning
Commission meeting agenda, a proposal to suspend or revoke a commercial cannabis testing facility
activities permit.
(3) Except as otherwise provided in this chapter, no permit shall be revoked or suspended by the
Planning Commission under the authority of this section until written notice of the intent to consider
revocation or suspension of the permit has been served upon a permittee at least ten (10) days prior to the
date set for such review hearing. Such revocation or suspension notice shall state the specific reasons for
the proposed suspension or revocation and must have been provided to the permittee in writing prior to
the hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or
suspending such permit. Notice may be given either by personal delivery to the permittee, or by
depositing such notice in the U.S. mail in a sealed envelope, postage prepaid (via regular mail and return
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receipt requested), addressed to the person to be notified at his or her address as it appears in his or her
application for a permit. (Ord. 612 § 2, 2017)
9-17.011 Enforcement.
The City may enforce this chapter in any manner permitted by law. Any violation of this chapter
shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the
discretion of the City, create a cause of action for injunctive relief. (Ord. 612 § 2, 2017)
9-17.012 Limitation on Liability
To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to
approving any entitlement or permit pursuant to this chapter or the operation of any commercial cannabis
activity approved for such permit pursuant to this chapter.
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DRAFT ORDINANCE B
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE TITLE 9, CHAPTER 17 (CANNABIS ACTIVITIES &
REGULATIONS) AND DETERMINING THIS ORDINANCE IS EXEMPT
FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, an application has been received from the City of Atascadero to amend Title
9, Planning and Zoning, to implement provisions of the Medicinal and Adult Use of Cannabis
Regulation and Safety Act (MAUCRSA) for new regulations pertaining to cannabis regulations
within the City of Atascadero; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA), have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said zoning text amendments;
and
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held
on April 20, 2021, studied and considered the proposed zone text amendments to the Title 9
Chapter 17; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Text
Change application was held by the City Council of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
May 11, 2021, studied the Planning Commission’s discussion and recommend edits in the failed
3-2 motion of the Commission and considered the proposed zoning text amendments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular
session assembled on May 25, 2021, resolved to introduce for first reading, by title only, an
Ordinance that would amend Title 9 Chapter 17 Cannabis Activities and Regulations as shown in
Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 3. Facts and Findings. The City Council makes the following findings,
determinations and approvals with respect to the Zone Text Amendment:
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A. Findings for Approval of a Zone Text Change
FINDING: (i) The Title 9 Chapter 17 text amendment is consistent with General
Plan policies and all other applicable ordinances and policies of the City.
FACT: The proposed zone text amendments align the code requirements with the
vision, intent and policies of the adopted General Plan.
FINDING: (ii) This Amendment of Title 9 Chapter 17 will provide for the orderly
and efficient use of lands where such development standards are applicable.
FACT: The proposed text amendment provides for orderly development in
accordance with the adopted General Plan for the compatible use of the property
based on neighborhood characteristics.
FINDING: (iii) The Text Change will not, in itself, result in significant
environmental impacts.
FACT: The proposed text changes are minor and do not trigger any environmental
impacts.
SECTION 4. CEQA. The proposed zoning text change is exempt from the California
Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because it can
be seen with certainty that there is no possibility that the enactment of this Ordinance would have
a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§
15378(b)(4), 15061(b)(3).
SECTION 5. Approval. Atascadero Municipal Code Title 9 Planning & Zoning Chapter
17 is amended as detailed in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 6. Interpretation. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this
Ordinance be interpreted or implemented by the City and others in a manner that facilitates the
purposes set forth in this Ordinance.
SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code
or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring before this
Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero
Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such
previous Atascadero Municipal Code provision or other City Ordinance to remain in full force
and effect for all purposes.
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SECTION 9. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
INTRODUCED at a regular meeting of the City Council held on May 25, 2021, and PASSED,
APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California,
on ______.
CITY OF ATASCADERO
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
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Chapter 17 Cannabis Activities & Regulations
9-17.001 Title.
This chapter shall be known as the cannabis regulations of the City of Atascadero. (Ord. 612 § 2, 2017)
9-17.002 Purpose and intent.
(a) Purpose. It is the purpose and intent of this chapter to implement the provisions of the Medicinal
and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) and to provide access to adult -use of
cannabis for persons over the age of twenty-one (21) as authorized by “Proposition 64” passed by California
voters in 2016, while imposing sensible reasonable regulations on the use of land to protect the City’s
residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the
purpose and intent of this chapter to regulate the cultivation, processing, manufacturing, testing, sale,
delivery, distribution and transportation of medicinal and adult -use cannabis and cannabis products in a
responsible manner to protect the health, safety and welfare of the residents of Atascadero and to enforce
rules and regulations consistent with State law.
(b) Non-Conflicting Enactment. Nothing in this chapter is intended to authorize the possession, use
or provision of cannabis for purposes that violate State or Federal law.
(c) Additional Provisions. The provisions of this chapter are in addition to any other permits, licenses
and approvals which may be required to conduct business in the City, and are in addition to any permits,
licenses and approval required under State, County, or other law. (Ord. 612 § 2, 2017)
9-17.003 Definitions.
For the purposes of this chapter, the following definitions shall apply.
(a) Accessory Structure. An accessory structure is a detached structure, with a “u” occupancy that
is accessory to and subordinate to the primary residential use.
(b) Cannabis. “Cannabis” shall have the meaning set forth in Business and Professions Code
Section 26001(f), which includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted
from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of
the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained
from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produc ed from the stalks,
oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. For the purpose of this chapter, “cannabis” does not
mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
(c) Cannabis Canopy. All areas occupied by any portion of a cannabis plant, encompassing all
vertical planes (i.e., stacking of plants), whether contiguous or noncontiguous on any one (1) site. “Cannabis
canopy” shall be measured by taking the longest length and widest width of existing plants (including all
gaps and open areas between plants) and multiplying the length and width to get square footage.
(d) Cannabis Greenhouse. A fully enclosed permanent structure that is clad in transparent material.
Cannabis cultivation within an enclosed, non-transparent greenhouse is considered indoor cultivation.
(e) Cannabis Hoop Structure. A readily removable plastic covered hoop structure without in-
ground footings or foundations, which are not more than twelve (12) feet in height and do not have vertical
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sides that exceed four (4) feet in height. Cannabis hoop structures are accessory uses on residential land use
categories which shall not exceed one hundred twenty (120) square-feet. Cannabis cultivation within hoop
structures is considered outdoor cultivation.
(f) Cannabis Operating license. An annual cannabis operating license as may be required by the
City of Atascadero pursuant to Title 3 of this code to operate a commercial activity within the City whether
the business is located within the City or not.
(f) (g) Cannabis Testing Facility. A facility, entity, or site that offers or performs testing of cannabis or
cannabis products and that is both accredited by an accrediting body that is independent from all other
persons involved in the cannabis industry in the state, and registered with and licensed by the California
State Department of Public Health.
(g) (h) Commercial Cannabis Activity. “Commercial cannabis activity” shall have the meaning set
forth in Business and Professions Code Section 26001(k), which includes the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation,
delivery or sale of cannabis or cannabis products as provided in MAUCRSA (Business and Professions
Code Section 26000 et seq.) and for which a state license is required. Commercial cannabis activity shall
also include the sale or distribution of cannabis and/or cannabis products, in exchange for compensation in
any form, for medicinal purposes under Health and Safety Code Sections 11362.5 and 11362.7 et seq.
(h) (i) Cultivation. “Cultivation” shall have the meaning set forth in Business and Professions Code
Section 26001(l), which includes any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
(i) (j) Day Care Center. “Day care center” shall have the same meaning as Health and Safety Code
Section 1596.76, which means any child day care facility other than a family day care home, and includes
infant centers, preschools, extended day care facilities, and school-age child care centers.
(j) (k) Fully Enclosed Structure. A fully enclosed space within a building or separate structure that
complies with the California Building Code (CBC), as adopted by the City of Atascadero, or if exempt from
the permit requirements of the CBC, that has a complete roof, foundation, slab or equivalent base to which
the floor is secured by bolts or similar attachments, and non-transparent walls on all sides.
(k) (l) Indoor Cultivation. Cultivation, as defined in subsection (h), of this section, within a fully
enclosed structure, as defined in subsection (j) of this section.
(l) (m) Outdoor Cultivation. Any location within the City of Atascadero that is not within a fully
enclosed structure, or cannabis green house, as defined in subsection (d) of this section.
(m) (n) Personal Cultivation. Cultivation of cannabis at a private residence, as defined by subsection
(n) of this section, for non-commercial cannabis activities, which is defined in subsection (g).
(n) (o) Private Residence. A house, apartment unit, mobile unit, or other similar dwelling unit that
is legally permitted within the City of Atascadero, and is considered a residential occupancy type in the
California Building Code, as adopted by the City of Atascadero.
(o) (p) Retail Cannabis Delivery Center. A “retail cannabis delivery center” is a facility from
which deliveries of cannabis and/or cannabis products originate pursuant to orders placed by customers
inside and/or outside the City
Retail Non-Storefront Facility. A “retail non-storefront facility” is a commercial cannabis facility that
operates out of a state and City licensed commercial business location which sells cannabis goods to
customers exclusively through delivery with no on-site customer services of any kind.
(p) (q) School. A private or public educational facility providing instruction in kindergarten or grades
1 through 12.
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(q) (r) State Cannabis Laws. “State Cannabis Laws” shall mean and include California Health and
Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5
(Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83
(Medical Marijuana Program Act); California Health and Safety Code Sections 26000 through 26211
(Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”)); California Health and
Safety Code Sections 26220 through 26231.2; the California Attorney General’s Guidelines for the Security
and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008, as such guidelines may
be revised from time to time by action of the Attorney General; California Labor Code Section 147.5;
California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and
Game Code Section 12029; California Water Code Section 13276; all State regulations adopted pursuant
to MAUCRSA; and all other applicable laws of the State of California.
(r) (s) Youth Center. “Youth center” shall have the same meaning as Health and Safety Code Section
11353.1, which includes any public or private facility that is primarily used to host recreational or social
activities for minors, including, but not limited to, private youth membership organizations or clubs, social
service teenage club facilities, video arcades, or similar amusement park facilities. (Ord. 612 § 2, 2017)
9-17.004 Personal cannabis cultivation.
The following regulations pertain to the personal cultivation of cannabis.
(a) All cannabis cultivation is prohibited within the City except that no more than six (6) living
cannabis plants may be planted, cultivated, harvested, dried, or processed within a single private residence,
or upon the grounds of that private residence, at one (1) time. In no instance may personal cultivation occur
on vacant property.
(b) Indoor Cultivation Regulations. Indoor cultivation on residential properties is subject to the
following regulations:
(1) Indoor cannabis cultivation shall only occur inside a private residence or an accessory structure
to a private residence that is fully enclosed and secured against unauthorized entry.
(2) Sleeping Rooms within Residential Occupancies. Indoor cultivation may not occur inside rooms
designed for sleeping. Sleeping rooms are defined by the California Building Code for residential
occupancies.
(c) Outdoor Cultivation. Outdoor cultivation on residential properties is subject to the following
regulations:
(1) Visibility. Outdoor cannabis cultivation shall not be visible from public rights -of-way or
neighboring properties.
(2) Screening. Outdoor cannabis cultivation must be completely screened with permanent fencing
and/or landscaping. Fencing must be compatible with the neighborhood and be constructed of wood pickets,
block, or other typical fencing materials.
(3) Prohibited Fence Types. Electrical fencing, razor wire fencing, chain link fencing, barbwire,
plywood and other unfinished materials; shade cloth, plastic, plywood, OSB and other temporary screening
materials shall not be allowed.
(4) Fencing Height. Fencing for screening of outdoor cannabis cultivation must not exceed seven (7)
feet in height, measured from natural grade. Additional plastic or other materials attached, suspended, or
supported beyond the seven (7) foot height limitation shall be prohibited.
(d) Setbacks. Personal cannabis cultivation shall be subject to the following setback requirements:
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(1) Property line. Cannabis greenhouses, cannabis hoop-structures, and all outdoor cannabis
cultivation must be located fifteen (15) feet or more from the edge of property lines.
(2) Distance from Adjacent Residences. Cannabis greenhouses, cannabis hoop-structures, and all
outdoor cannabis cultivation must be located twenty-five (25) feet or more from the nearest adjacent
residence.
(3) Front Setback. No cannabis cultivation may occur within a designated front setback as defined
in Section 9-4.106 of this title.
(e) Total Coverage of Personal Cannabis Cultivation.
(1) Indoor Cannabis Cultivation. Indoor cannabis cultivation shall not take up more than one hundred
twenty (120) square feet of indoor residential space.
(2) Outdoor Cannabis Cultivation. Outdoor cannabis cultivation shall not take up more than one
hundred twenty (120) square feet of cannabis canopy coverage.
(f) Property Owner Consent. Where a private residence is not occupied or inhabited by the owner of
the residence, the owner of the property must provide written consent expressly allowing cannabis
cultivation to occur at said private residence.
(g) Applicability of Adopted Building Codes. All personal cannabis cultivation at a private residence
shall comply with applicable Building Code requirements set forth in the Atascadero Municipal Code Title
8.
(h) Use of Solvents. There shall be no use of gas products (CO2, butane, propane, natural gas,
etc.) on a property for purposes of cannabis cultivation.
(i) Waste Disposal. The following regulations apply to the disposal of cannabis waste on residential
property:
(1) Cannabis and cannabis infused products must be disposed in a secure waste receptacle located
on the residential property.
(2) Cannabis plants and products must be rendered unusable and unrecognizable by grinding and
incorporating cannabis waste with any non-consumable solid waste with a resulting mixture of at least fifty
percent (50%) non-cannabis waste. (Ord. 612 § 2, 2017)
9-17.005 Commercial cannabis activities.
All commercial cannabis activities are prohibited unless specifically allowed in this Table 17-1. It is
unlawful for any person to commence, operate, engage in, to conduct, or carry on (or to permit to be
commenced, operated, engaged in, conducted or carried on) in or upon any property located within the City,
a commercial cannabis activity unless that person does so in strict compliance with State Cannabis Laws,
this section, and all applicable Municipal Code provisions.
Business License Tax Certificate and Payment of Cannabis Business Tax Required. No person
shall commence, operate, engage in, conduct, or carry on a commercial cannabis activity, whether doing so
from a fixed location in the City or coming into the City from an outside location to engage in such
activities, without obtaining and continuously maintaining a business license tax certificate pursuant to Title
3, Chapter 18 of this code (Cannabis Business Taxes) and remitting timely payments of applicable taxes
pursuant to Title 3, chapter-18 of this code.
(a) Table 17-1 identifies the uses of commercial cannabis activities that are permitted in non-
residential districts, and the planning permit required to establish each use, in compliance with Chapters 9-
1 and 9-2 of this code. All other commercial cannabis uses not otherwise lists in Table 17-1 shall be
prohibited.
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Table 17-1 – Commercial Cannabis Use Table
Allowed Land
Uses and Permit
Requirements
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Non-Residential
Zones
◻ Not Permitted
Use
Permitted Uses By Zones
CN CP CR CS CT CPK DC DO IP I
Commercial Cannabis Activity
Testing Facility CUP CUP AUP AUP AUP AUP
Retail Non-
storefront Facility CUP CUP CUP CUP CUP CUP
(Ord. 612 § 2, 2017)
9-17.006 Commercial cannabis activities development standards.
(a) The following are development standards for permitted commercial cannabis activities:
(1) On-Site Sales. Retail or wholesale sales to the public are prohibited.
(2) Distance. Commercial Cannabis activities shall be prohibited within six hundred (600) feet of
schools, parks, and youth centers, or day care centers. All distances specified in this section shall be
measured in a straight line, without regard to intervening structures or topography, from the nearest point
of the building or structure in which the commercial cannabis activity is, or will be located, to the nearest
property line of the parcel where such use is located. If the commercial cannabis a is, or will be located, in
a multi-unit building, the distances shall be measured from the nearest point of the suite in which the
cannabis business is or will be located.
(3) Signage. On-site signage for a commercial cannabis activity that is viewable from the exterior
of the premises shall comply with all local signage laws applicable to the permitted and licensed premises,
including Chapters 9-15 of this Code. Signage may not be designed to appeal to children, or contain any
false or misleading statements, or make any misrepresentations.
(b) Cannabis Deliveries. The following standards apply to licensed, permitted retail non-storefront
facilities: located outside the incorporated City limits of the City of Atascadero:
(1) Deliveries within Incorporated City Limits. State-licensed retail non-storefront facilities located
outside the City may personally deliver cannabis and cannabis products to individuals located at private
residences within the City, provided that such deliveries are in strict compliance with State and City
Cannabis Laws and the Municipal Code and said retailer has obtained a business license tax certificate, is
paying the applicable business license tax under Municipal Code Chapter 3-5, and is paying the applicable
cannabis business tax under Title 3 Chapter 18 of this title (Cannabis Business Tax). All other deliveries of
cannabis and/or cannabis products are prohibited.
(2) Vehicle Advertising. Vehicles used in the delivery process must be unmarked without any
designation or logo that identifies the vehicle as a cannabis delivery vehicle.
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(3) Delivery Times. A licensed retailer may only engage in deliveries between the hours of 6:00
a.m. and 10:00 p.m. Pacific Time.
9-17.007 Commercial cannabis application and procedures.
(a) Application Requirements. Any person applying for an AUP or CUP for a licensed, permitted
commercial cannabis activity facility, as allowed under this chapter, must submit the following information
with their application:
(1) The name of the proposed commercial cannabis testing activity including, if applicable, the name
on file with the California Secretary of State and any fictitious business names and/or DBAs.
(2) The location of the proposed commercial cannabis cannabis testing facility activity (must
comply with the zoning and location restrictions set forth above).
(3) The names, addresses, and contact information for each owner of the proposed cannabis testing
facility commercial cannabis activity.
(4) If the proposed commercial cannabis cannabis testing facility activity is incorporated, the names,
titles, addresses, and contact information of each corporate officer, the name, address, and contact
information of the agent for service of process, a certified copy of the articles of incorporation, and copy of
the bylaws.
(5) If the proposed commercial cannabis cannabis testing activity facility is a partnership, the names,
addresses, and contact information for each partner and the agent for service of process.
(6) The name and contact information for each manager of a proposed commercial cannabis
business, establishment, or facility. If such information is not available at the time the application is
submitted, the proposed commercial cannabis business, establishment, or facility shall submit such
information to the Community Development Department as soon as it becomes available.
(7) For each owner, corporate officer, partner, manager, employee, or volunteer, a criminal history
(“LiveScan”) prepared not more than two (2) weeks prior to the date of submitting the application
demonstrating that there are no pending charges or convictions for any crime ( including, without limitation,
theft, fraud, deceit, or assault) within the previous ten (10) years, and that the subject is not currently on
parole or probation for the sale, possession for sale, manufacture, transportation, cultivation, or distribution
of a controlled substance. For each owner, corporate officer, partner, manager, employee, or volunteer who
becomes part of a commercial cannabis facility after the required permit is issued, the commercial cannabis
facility must submit the required criminal history to the Community Development Department within two
weeks of the new owner, corporate officer, partner, manager, employee, or volunteer joining the operation.
(8) A site plan and operations plan that demonstrate how the proposed commercial cannabis cannabis
testing facility activity has already complied or will comply with the requirements of this chapter.
(9) A copy of all required permits and certificates under Title 8 (Buildings Code) of this Code or an
acknowledgment that the proposed cannabis testing facility will obtain all required permits and certificates
under Title 8 prior to its opening, establishment, operation, and/or commencement.
(10) The name, address, and contact information for the owner of the property on which the proposed
commercial cannabis cannabis testing activity facility will be located.
(11) An agreement signed by the owner of the property on which the proposed commercial cannabis
cannabis testing activity facility is located consenting to use of the property as for a commercial cannabis
testing facility activity and agreeing to indemnify, defend (with an attorney selected by the city), and hold
harmless The City of Atascadero from any claims, damages, legal or enforcement actions arising from the
use of the property as a cannabis testing facility for a commercial cannabis activity.
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(12) Any supplemental information requested by the Community Development Director or designee
to establish compliance with the requirements of this chapter. (Ord. 612 § 2, 2017)
9-17.008 Commercial cannabis application approval or denial of entitlement.
(a) Criteria for Issuance or Denial of Permit. In addition to the criteria for land use permits set forth
in this title, the Planning Commission, or the City Council on appeal, shall consider the following criteria
in determining whether to grant or deny a land use permit for a commercial cannabis testing activity facility:
(1) That the proposed location of the commercial cannabis activity testing facility is not identified
by the City Chief of Police, or designee, as an area of increased or high crime activity.
(2) For those applicants who have operated other businesses within the City, that there have not been
significant numbers of calls for police service, crimes or arrests in the area of the applicant’s other business.
(3) That the location is not prohibited by the provisions of this section or any local or state law,
statute, rule, or regulation, and no significant nuisance issues or problems are likely or anticipated, and that
compliance with other applicable requirements of the City’s Zoning Ordinance will be accomplished.
(4) That the operations plan and site plan have incorporated features necessary to assist in reducing
potential crime-related problems and as specified in the operating requirements section. These features may
include, but are not limited to, security on-site; procedure for allowing entry; openness to surveillance and
control of the premises; the perimeter, and surrounding properties; reduction of opportunities for
congregating and obstructing public ways and neighboring property; illumination of exterior areas; and
limiting furnishings and features that encourage loitering and nuisance behavior.
(5) That all reasonable measures have been incorporated into the operations plan and site plan or
consistently taken to successfully control and/or prevent disturbances, vandalism, traffic problems,
cannabis use in public, public or private nuisances, or interference in the operation of another business.
(6) That the commercial cannabis testing activity facility is likely to have no potentially adverse
effect on the health, peace, or safety of persons living or working in the surrounding area, overly burden a
specific neighborhood, or contribute to a public nuisance.
(7) That any provision of the Municipal Code or condition imposed by a City-issued permit, or any
provision of any other local or State law, regulation, or order, or any condition imposed by permits issued
in compliance with those laws, will not be violated.
(8) That the applicant has not made a false statement of material fact or has omitted to state a material
fact in the application for a permit.
(9) That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or
practices with respect to the operation of another business. (Ord. 612 § 2, 2017)
(10) Conditions of approval may require that a commercial cannabis activity be subject to conditions that
mitigate potential impacts of the sale of cannabis products in the community.
(b) Indemnification. The applicant or its legal representative shall:
(1) Indemnify and hold the City harmless from any and all claims, damages, legal or enforcement
actions, including, but not limited to, any actions or claims associated with violation of Federal law
associated with the operation of the commercial cannabis activity; defend, at its sole expense, any action
against the City, its agents, officers, and employees related to the approval of an entitlement for or the
operation of the commercial cannabis activity; reimburse the City for any court costs and attorney fees that
the City may be required to pay as a result of any legal challenge (or Federal enforcement action) related to
the City’s approval of an entitlement for or the operation of the commercial cannabis activity.
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(2) Maintain insurance in the amounts and of the types that are acceptable to the City pursuant to
guidelines and policies set forth by the local licensing authority and name the City as an additionally insured
on all City-required insurance policies.
9-17.009 Commercial cannabis operational requirements.
(a) Operational Requirements.
(1) A cannabis testing facility permitted under this section may only operate between the hours
of 7:00 a.m. and 8:00 p.m. Pacific Time.
(2) A retail non-storefront delivery facility permitted under this section may only operate between
the hours of 6:00 a.m. and 10:00 p.m. Pacific Time.
(3) Any commercial cannabis testing activity facility permitted under this chapter must comply with
all applicable State Cannabis Laws, including but not limited to the requirement of a valid State license to
operate a commercial cannabis activity.
(4) A commercial cannabis testing activity facility permitted under this chapter must comply with
all applicable provisions of Titles 5 and 8 of this Code.
(5) A commercial cannabis testing activity facility permitted under this section may not employ any
person who is not at least eighteen (18) years of age.
(6) A commercial cannabis testing activity facility permitted under this section shall not conduct or
engage in the commercial or retail sales of any cannabis or cannabis products on the premises of the
cannabis testing facility.
(7) No cannabis cultivation may occur on the property of a commercial cannabis activity facility
permitted under this chapter.
(8) A commercial cannabis testing activity facility permitted under this chapter may not allow or
permit the use, inhalation, smoking, eating, ingestion, or consumption of cannabis or cannabis products on
the property of the commercial cannabis activity, including in the parking areas of such property.
(9) Criminal Background Requirements.
(i) All owners, corporate officers, partners, managers, employees, or volunteers of a commercial
cannabis activity permitted under this chapter shall comply with background criminal history requirements
under state law. No person who is currently charged with or has been convicted within the previous ten
years of a felony or misdemeanor involving moral turpitude or any crime involving the sale, possession for
sale, manufacture, transportation, cultivation, or distribution of a controlled substance shall be employed
by a cannabis business in the City.
No person who is currently charged with or has been convicted within the previous ten years of a felony, a
felony or misdemeanor involving moral turpitude, or any crime involving the sale, possession for sale,
manufacture, transportation, cultivation, or distribution of a controlled substance, shall be an owner,
corporate officer, partner, manager, employee, or volunteer of a cannabis testing facility permitted under
this chapter. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction
following a plea of nolo contendre or no contest.
(ii) Prior to commencing any work within or on behalf of a commercial cannabis facility permitted
under this chapter, each owner, corporate officer, partner, manager, employee, and volunteer must complete
a current criminal history background check that demonstrates compliance with subsection (g)(13)(i). Each
criminal history background check must be updated every twelve (12) months.
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(iii) A testing commercial cannabis activity facility permitted under this section shall maintain a
complete register of each owner, corporate officer, partner, manager, employee, and volunteer working for
and/or associated with the cannabis testing facility, including a copy of each required criminal history
background check. The register and required records must be made available for inspection by any city
officer or official for purposes of determining compliance with this chapter.
(iv) A commercial cannabis testing activity facility permitted under this chapter shall notify the city
in writing of any disqualifying conviction described in subsection (g)(13)(i) for an owner, corporate officer,
partner, manager, employee, or volunteer within ten (10) days of the conviction.
(v) A commercial cannabis activity testing facility permitted under this chapter may submit to the
Police Chief a written request for a waiver of the prohibition in subsection (g)(13)(i) with regard to a
particular owner, corporate officer, partner, manager, employee, or volunteer, on the ground that such
person’s involvement with the cannabis testing facility will not pose a threat to public safety. The Police
Chief, in his or her unfettered discretion, may deny such a written request, subject to the appeal procedures
set forth in Municipal Code Sections 1-2.13 through 1-2.16.
(10) A commercial cannabis activity testing facility permitted under this chapter shall provide the
name, phone number, facsimile number, and e-mail address of a manager or representative who can be
reached twenty-four (24) hours a day in the event that the city decides to provide notice of an operating
problem associated with the commercial cannabis facility.
(11) Disposal of chemical, dangerous or hazardous waste must be conducted in a manner consistent
with Federal, State and local laws, regulations, rules or other requirements. Cannabis waste must be made
unusable and unrecognizable prior to leaving the licensed premises by grinding it and incorporating it with
fifty percent (50%) non-cannabis waste.
(12) A commercial cannabis activity testing facility permitted under this chapter must pay any
applicable taxes pursuant to Federal, State, and local law.
(13) A commercial cannabis testing facility activity permitted under this chapter shall provide a
secured storage area on-site. All cannabis and cannabis products shall be stored in this area during non-
business hours. (Ord. 612 § 2, 2017)
(14) A commercial cannabis activity permitted under this chapter may be required to provide a video
surveillance system that is accessible by the City of Atascadero.
(15) A commercial cannabis activity permitted under this chapter may be required to provide a security
plan that outlines private security services on site for twenty four-hours a day.
(16) A Retail Non-Storefront Facility location in the City of Atascadero shall include an on-site
concealed location within the building where all cannabis products and cash are loaded or unloaded onto a
delivery vehicle. The concealed location shall be within an enclosed area not visible or accessible to the
public.
(17) A Commercial cannabis business location permitted under this chapter shall be required to
maintain a backup power source to maintain security features in the event of a power failure.
(18) The premises of a commercial cannabis activity must be equipped with an odor absorbing
ventilation and exhaust system so that odor generated inside the premises that is distinctive to the operation
of the commercial cannabis activity is not detected outside the premises, anywhere on adjacent property or
public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways,
foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within
any other unit located within the same building as the commercial cannabis activity. As such, a commercial
cannabis activity must install and maintain the following equipment or any other equipment which local
licensing authority determines has the same or better effectiveness:
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(i) An exhaust air filtration system with odor control that prevents internal odors from being emitted
externally; or
(ii) An air system that creates negative air pressure between the premises’ interior and exterior so that
the odors generated inside the premises are not detectable outside the premises.
9-17.010 Suspension and revocation of entitlement.
(a) Suspension, Modification and Revocation.
(1) Authority to Suspend or Revoke. Any permit issued for a commercial cannabis activity facility
may be suspended, modified or revoked by the Planning Commission if it shall appear to the Commission
that the permittee has violated any of the requirements of this chapter or the Municipal Code, the permittee
is operating in a manner which violates the operational requirements or operational plan required by this
chapter, the permittee is operating in violation of any conditions of approval applicable set forth in the use
permit approval, the permittee is operating in a manner which constitutes a nuisance, the permittee’s state
license under MAUCRSA has been suspended, revoked, or terminated, or the permittee is operating in a
manner which conflicts with state or federal law.
(2) Annual Review of Permitted Commercial Cannabis Testing activities. The Community
Development Department and the Police Department are hereby authorized to conduct an annual review of
the operation of each permitted commercial cannabis testing facility activity within the City for full
compliance with the business license regulations, cannabis tax collection requirements, operational
recordkeeping, nuisance and all other requirements of this chapter , the Atascadero Municipal Code, and
state licensing. A fee in an amount set by resolution of the City Council may be established in order to
reimburse the City for the time involved in the annual review process. The staff may initiate a permit
suspension or revocation process for any commercial cannabis testing facility activity which, upon
completion of an annual review, is found not to be in compliance with the requirements of this chapter or
which is operating in a manner which constitutes a public nuisance. Staff may, based upon its annual review
of the operation of a commercial cannabis testing facility activity, place on a Planning Commission meeting
agenda, a proposal to suspend or revoke a commercial cannabis testing facility activities permit.
(3) Except as otherwise provided in this chapter, no permit shall be revoked or suspended by the
Planning Commission under the authority of this section until written notice of the intent to consider
revocation or suspension of the permit has been served upon a permittee at least ten (10) days prior to the
date set for such review hearing. Such revocation or suspension notice shall state the specific reasons for
the proposed suspension or revocation and must have been provided to the permittee in writing prior to the
hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or
suspending such permit. Notice may be given either by personal delivery to the permittee, or by depositing
such notice in the U.S. mail in a sealed envelope, postage prepaid (via regular mail and return receipt
requested), addressed to the person to be notified at his or her address as it appears in his or her application
for a permit. (Ord. 612 § 2, 2017)
9-17.011 Enforcement.
The City may enforce this chapter in any manner permitted by law. Any violation of this chapter shall
be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the
discretion of the City, create a cause of action for injunctive relief. (Ord. 612 § 2, 2017)
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9-17.012 Limitation on Liability
To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to
approving any entitlement or permit pursuant to this chapter or the operation of any commercial cannabis
activity approved for such permit pursuant to this chapter.
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ITEM NUMBER: B-3
DATE: 05/25/21
Atascadero City Council
Staff Report - Community Development Department
Title 9 Planning and Zoning Text Amendments:
Annual Code Update
ZCH21-0004
RECOMMENDATION:
Council introduce for first reading, by title only, a Draft Ordinance, amending the
Atascadero Municipal Code, Title 9 Zoning Ordinance, Section 9-2.112 Permit Time
Limits, Section 9-3.230 Agriculture and residential district allowable land uses, Section 9 -
3.262 Property development standards – RMF, Section 9-3.330 Nonresidential district
allowable land uses, Section 9-3.331 Mixed Use residential density, Section 9-3.430
Public districts allowable land uses, Section 9-3.500 Definitions, Section 9-4.107 Side
setbacks, Section 9-4.112 Measurement of height, Section 9-4.113 Height limitations,
Section 9-4.128 Fencing and screening, Section 9-6.103 Accessory storage, Section 9-
6.105 Home Occupations, Section 9-6.106 Residential accessory uses, Section 9-6.112
Farm animal raising, Section 9-6.113 Interim agricultural uses, Section 9-2.102 General
Definitions, based on findings.
REPORT IN BRIEF:
The City Council provided staff direction on a list of proposed zoning amendments on
February 23, 2021. On May 4, 2021, the Planning Commission voted 7-0 to recommend
the City Council adopt zoning text amendments consistent with the list reviewed by City
Council. Staff has prepared a Draft Ordinance for City Council that includes the following
zoning text amendments recommended by the Planning Commission:
1. Amend the zoning text to remove commercial agricultural uses from residential
zoning districts, and introduce new language to allow agricultural uses as
accessory residential uses. This amendment was suggested by the Housing
Element to avoid the establishment of farmworker housing within rural residential
districts.
2. Amend the zoning text to remove two-story height limit in the multi-family zones
and increase allowed building height from 30 feet to 35 feet when the structure can
meet required property line setbacks. This am endment includes new-increased
setbacks for upper stories of structures (5 feet for portions of buildings 25 feet or
lower, and 10 feet for all portions of buildings over 25 feet) that will increase
architectural quality and preserve solar access for adjacent properties.
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3. Provide clarity on residential density in commercial zones, consistent with General
Plan, at 24 units per acre. This amendment does not change density, it simply
implements the existing policy into the existing code for reference.
4. A zoning amendment to increase the size of allowed accessory structures on
certain conforming properties when particular performance standards can be met.
This amendment would allow accessory structures such as workshops, storage
barns and related to be constructed up to 100% of the size of a primary structure
without the need for a conditional use permit.
5. Amend the zoning text to clarify a limit on outdoor storage in residential zones.
Current code has no limit to outdoor storage behind a fence. Proposed limit would
be 1000 square feet of outdoor storage when behind a fence.
6. Amend the zoning text to specify maximum height of retaining walls to be 8 feet
(including fence barrier height atop wall), unless the retaining wall is stepped with
a minimum of five feet of space between the walls. There is no height limit in the
code at this time.
7. Amend the zoning code to eliminate the covered parking requirement from multi -
family zoning districts.
8. Amend the zoning code to require a conditional use permit for a mortuary service
within a commercial retail zone, but allow a mortuary use within an industrial zone
where it is not allowed today.
9. Amend the zoning code to identify that gates are different from fences in regards
to height limits, and establish a maximum height of 12-feet with a minimum setback
from a public right of way at 20-feet.
10. Amend the zoning code to clarify an expiration date for Design Review Committee
actions, to be 12-months unless a construction permit is actively being sought.
11. Amend the zoning code to allow an applicant to choose their front yard setback
zone when they are on a corner lot.
12. Amend the zoning code to require a five foot minimum property line setback in
accordance with the building code.
13. Amend the zoning code to fix a typographical error that will help clarify that ground
floor office uses are still allowed within the downtown zone south of Atascadero
Creek.
14. Amend the zoning to relocate the public zone land use table to fix a clerical error.
15. Clarify the definition of a Hotel/Motel for con sistency with the definition of
“Transient Lodging”, clarifying that a hotel or motel is for stays of less than 30 days.
DISCUSSION:
Background
An annual review and update to the City’s zoning regulations is necessary in order to
continue to keep pace with changing State laws and to refine the City’s policies for
General Plan consistency and permit streamlining. In 2020, the State passed a number
of new laws that affect portions of the City’s Zoning Ordinance including a series of
policies designed to streamline housing production. In addition, the City adopted its 2021-
2028 Housing Element that identified implementation programs requiring a number of
updates to the City’s code. Continued “clean -up” is also needed to ensure clarity and
consistency.
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Staff brought a draft list of amendments for preliminary review and prioritization to the City
Council. This list of contemplated zoning amendments was presented to the City Council
at a regular meeting on February 23, 2021. The City Council provided recommendations
and direction for staff to bring the prioritized amendments to Planning Commission for
review and recommendation, prior to returning to the City Council for final adoption. On
May 4, 2021, the Planning Commission made a recommendation to the City Council to
adopt an update to the zoning regulations, which included changes to land use definitions
and “clean-up” of inconsistencies between the code and the General Plan. This
amendment aims to clarify a number of inconsistencies, streamline development, gain
closer alignment with General Plan policies and clarify land uses such as storage uses
and fuel station uses within commercial zones.
Analysis
Housing Element Program Implementation
The adopted 2021-2028 Housing Element included a number of programs aimed at
updating the Municipal Code for consistency with State laws and reducing barriers to
housing development. The following amendments are the first round of code updates
related to Housing Element implementation.
1. Agricultural uses in residential zones (AMC 9-3.500, AMC 9-6.106, AMC 9-3.230 AMC
9-6.105)
The Housing Element update added a program to revise the definition of agricultural uses
in residential zoning districts. The Employee Housing Act requires “by-right” housing for
farmworker and employee housing in zoning districts where agricultural uses a re allowed.
Currently, agricultural uses are allowed on residential properties in Atascadero, including
hobby uses, small vineyards, and farm animal raising. The intent of existing City code is
to allow smaller-scale hobby agricultural uses that are compatible with, and accessory to,
a rural residential neighborhood. Hobby agricultural uses are integral to Atascadero’s
rural character, however, residential properties were never intended to serve as
commercial agricultural properties and cannot support agricultural employees given our
City’s circulation system, lack of wastewater infrastructure, and significant wildfire risk.
Due to the Employee Housing Act, Atascadero needs to refine the definitions for
residential accessory uses and commercial agricultural uses to maintain opportunities for
small-scale hobby agriculture while prohibiting larger-scale commercial activities. Staff is
proposing to amend multiple sections relating to agricultural uses to include hobby scale
agriculture as an accessory activity while removing larger agricultural activities as stand-
alone uses from the residential use table.
Proposed amendments clarify incidental hobby or personal use activities to comply with
State law. This amendment will help exclude the City from mandated Ag housing
wherever accessory residential scale agricultural uses may occur. It is important to note
that these amendments will not exclude small home occupations, incidental farm animal
raising, and other ag related activities that are typically associated with rural Atascadero.
Specifically, this amendment will revise the following uses, related to agricultural,
in residential zones:
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o Remove the following land uses from the list of allowed uses in residential
zones (AMC 9-3.230):
“Agricultural Accessory Uses”,
“Agricultural Produce Stands”,
“Farm Animal Raising”
“Horticultural Specialties”,
“Large Scale Ag Manufacturing”; and
“Livestock Specialties”.
o Add hobby agricultural activities to the definitions of Agricultural Accessory
Uses (AMC 9-3.500).
o Add agricultural accessory uses and horticultural specialties as an allowable
use for home occupations and clarify the section governing roadside stands.
(AMC 9-6.105)
o Add language to clarify the allowance of hoop structures/ greenhouses. This
limits these structures to two per property without Design Review Committee
approval to ensure that residential character is maintained. (AMC 9-6.106)
o Add parameters for agricultural accessory uses such as hobby crop
production and processing, produce stands and farm animal raising.
Under the proposed code update, incidental crop production and
small-scale processing would be permitted subordinate to the
residential use of the property. Agriculture intended for commercial
use must also comply with Home Occupation standards as listed in
AMC 9-6.105.
Produce stands must comply with the standards of AMC 9-6.117. An
administrative use permit is required for produce stands in the Limited
Single-Family (LSF) and Residential Multi-Family (RMF) zoning
districts.
Farm Animal Raising must comply with AMC 9-6,112. An
administrative use permit is required for Farm Animal Raising in the
RMF zoning district.(AMC 9-6.106)
o Make clarifications regarding farm animal raising and eliminate provisions for
large-scale animal farms in residential zones.
o Add allowance for the grazing of animals when an individual property
adheres to the density regulations of this section.
2. Height limits in the Residential Multi-Family (RMF) zones (AMC 9-4.113)
Atascadero Municipal Code 9-4.113 limits height in the multi-family (RMF) zones to a
maximum of 30 feet. However, the code also limits the construction to two stories. The
Housing Element identified this as an impediment to housing production. The City Council
was open to eliminating the existing two-story limit and increasing the maximum to height
to 35 feet. The suggested amendment increases the allowed height to 35 feet while
eliminating the two-story maximum to allow for design flexibility. This would allow for three
story residential buildings so long as they adhere to the 35 foot height limit.
With the increase in overall height, the code amendment suggests an additional five-foot
setback for all portions of the building exceeding 25 feet, up to 35 feet, as depicted below:
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This added setback requirement above the
second story will increase architectural interest and ensure compatibility with surrounding
properties.
The proposed amendments also allow for increased height for architectural features to
encourage high quality design and architectural form. The proposed code amendment
increases the maximum height in the Residential Multi-Family zone to 35 feet and
includes an exception to exceed the 35 foot height limit up to 40 feet with the approval of
an Administrative Use Permit (AUP) to allow for architectural interest and quality. The
following findings would be required to approve an AUP for a height exception:
a. The additional height provides architectural interest and adds to a varied roofline.
b. The added features will not block solar access to adjacent properties.
An extended height could allow for varied roof pitches, parking below units, lofts, and
other land saving creative designs on properties that are designated for medium and high -
density apartments, condominiums, and planned developments.
3. Residential Density in Commercial zones (AMC9-3.331)
Density for residential development in commercial zones is established in the General
Plan Housing Element as 24 units/acre. However, this density number was never
published into the Zoning Code, causing confusion for staff and developers. Instead, staff
has been relying on the General Plan policies to administer zoning density for commercial
projects. This amendment would simply update the Municipal Code to clarify the density
standards for residential units that are built above or alongside commercial development
in the Commercial Retail Zoning District. This amendment would not change what is
already allowed, it would simply place the density standards in the Zoning Code, where it
would be part of the Municipal Code and the Zoning Code Handbook in new code Section
9-3.331.
Modifications to Development Standards/Permit Streamlining
4. Detached accessory structure exceptions
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Detached accessory structures that are more than 50% of the size of the primary
residence on a property currently require Conditional Use Permit approval by the Planning
Commission. With the smaller size of some homes coupled with larger residential
properties, this can create varied size requirements for accessory structures from parcel
to parcel and can create a longer and more costly process for applicants. Very few, if any
of these requests are denied by the Commission and very few applications generate
significant neighborhood interest. The current size limitations are intended to ensure
compatibility with adjacent residential properties. Staff is instead proposing a set of pre-
qualifying design standards for oversized accessory structures to ensure neighborhood
compatibility while reducing the scope of the use permit requirement for most accessory
structures.
The proposed amendment would increase the size limit of a detached un-habitable
accessory structure (such as a barn, workshop, shed, or storage building) to 100% of the
size of the primary residence with a maximum size cap of 3,000 square-feet. When a
detached accessory structure is between 51% and 100% of the size of the primary
structure, it will be exempt from discretionary review if it complies with height, setback,
and lot coverage standards, while also meeting a set of design qualifiers. An
Administrative Use Permit (Director’s Hearing) would still be required for structures that
exceed 100% size threshold or seek exceptions to the listed design parameters.
Proposed design parameters include:
Accessory structure shall not be located between the primary structure and the
public roadway
Accessory structure shall be compatible with the pattern of development in the
neighborhood (there are similar structures on adjacent properties, and properties
are of a size, nature and topography so as to not create a significant aesthetic
impact)
Accessory structure is compatible or complementary with the architectural style of
the primary structure
The floor area of the accessory structure is equal to or lesser than the floor area
of the primary structure
The accessory structure is located on a conforming lot
The accessory structure can be built to avoid substantial grading and the removal
of significant native trees
The accessory structure does not block sunlight for adjacent properties, alter site
distance for roads or driveways, nor substantially alter the visual quality of the
property
The amendment also clarifies how overhangs and covered porches are considered
toward the overall square footage. Overhangs / covered porches projecting away from
the building ten feet or more would be counted toward the total floor area of the structure
while lesser projections would be considered design features .
5. Scrap and Junk Accessory Use (AMC 9-6.103)
Currently, the outdoor storage of scrap and junk on a residential property is limited to a
maximum area of two hundred (200) square feet unless entirely enclosed by a 6 -foot
fence. Enclosed storage has no limitations. The lack of a limit to outdoor storage that is
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behind a fence potentially creates a significant loophole for residential properties that may
choose to harbor a substantial amount of storage. Additionally, large quantities of storage
can lead to substantial fire risk, an increase in pest s such as rodents, and a substantial
impact to the value and aesthetic quality of surrounding properties. The last zoning code
update addressed storage in commercial zones by limiting outdoor accessory storage to
10% of the size of the principal building. However, that amendment did not address the
topic on residential properties.
The code amendment proposes to modify the maximum area of outdoor storage of scrap
and junk on residential properties to 1,000 square feet when completely screened from
neighboring properties or from the public right-of-way. The 200 square foot unscreened
limitation would remain. It is also important to note that the Municipal Code currently limits
the number of inoperative vehicles stored outside on a residential property to one. This
standard would remain.
This amendment will add a tool to allow enforcement of substantial outdoor storage yards
in residential neighborhoods when there are complaints.
What qualifies is scrap and junk? After all, one’s junk may be another’s treasure. Items
such as, but not limited to, scrap lumber and building materials, vehicle parts, used
appliances, used furniture, or any other similar items.
6. Fence/ wall height standards (AMC 9-4.112, AMC 9-4.128)
Fencing and retaining wall height is currently measured from the finished grade of the
uphill portion of a site or lot. This creates a scenario wher e grade changes between
parcels or within a site may result in fencing and retaining walls that can be excessive in
height to the downhill site as there are currently no height limitations for retaining walls.
In most cases, wall and fence height combinations on or near a property line that exceed
8-feet in height can have detrimental impacts on downhill properties such as loss of
sunlight and impacts to views.
This amendment clarifies how the measurement of height is calculated when there is a
difference of grade and when a fence or wall is located on top of a retaining wall. The
amendment proposes that the height of the retaining wall be counted toward the overall
height. This also applies to fences located on berms or mounds. The berm or mound will
also be calculated toward the overall height.
Specifically, this amendment would add a limit to the height of retaining walls/and or
fences combined with retaining walls at 8-feet maximum unless the retaining wall is
terraced, separated by 5 feet of horizontal space or greater. Additional height would be
allowed through terracing of the wall(s). Additional height could also be requested through
the AUP process (Director’s Hearing) where terracing is not achievable.
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7. Covered Parking for Multi-family residential (AMC 9-3.262 )
The zoning code currently requires at least one covered parking space for each multi -
family unit within a multi-family district. Typical parking ratio is one space for a one -
bedroom unit, two spaces for a two bedroom and 2.5 for a 3 bedroom, with guest parking
for projects the provide 5 or more units. Therefore, every new multi-family project must
supply approximately half of their parking as covered parking. In many cases, this has
resulted in poorly designed carports and substantial additional development costs. Staff
would like to offer the flexibility to provide an option to developers to not have covered
parking based on the design needs of the project.
This amendment removes the covered parking requirement from the code and allows it
be used as a design feature, if desired, when it can be logically integrated into a project.
8. Mortuary Services (AMC 9-3.330)
The Mortuary Services land use is currently allowed in the Commercial Retail (CR) and
Commercial Services (CS) zoning districts. Mortuary services may not be appropriate in
all Commercial Retail areas. Making it a conditionally allowed use in the CR zone would
give the City more discretion as to where these uses can locate and how they operate to
minimize negative impacts on surrounding areas. Due to the nature of these operations,
it may also be appropriate to add it as an allowed use in the City’s industrial zoning
districts: Industrial (I) and Industrial Park (IP).
This amendment changes mortuary services, including those with crematories from an
allowed use in the Commercial Retail zone to a conditionally allowed use and adds them
to the industrial zone, thereby modifying where these facilities can be established in the
future.
9. Gate setbacks and height limits in single-family residential zones (AMC 9-4.128)
The Municipal Code (9-4.128) limits gateposts and “other super structures” over site
entrances and exits (driveways) to up to 12 feet tall. However, this does not specifically
address residential driveway gate height. There are also no specific setbacks for gates
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from the road right-of-way, which is needed to address traffic safety. Due to safety
concerns and visibility, it is recommended that residential gates not be located closer than
20 feet to the City’s right-of-way. This allows cars to pull into the driveway to be off the
road while waiting for the gate to open.
This amendment permits gates in single-family zoning districts for private driveways, adds
a 12 foot height limit to gates to differentiate a gate from a fence, requires gates to comply
with emergency access standards and restricts gates from opening out toward the street.
This clarification helps to streamline the review of gates at driveways and paths while
clarifying access and location requirements.
Minor Cleanup of Inconsistencies
10. Design Review Committee action expiration
The Design Review Committee (DRC) review process was intended to happen
concurrently for projects requiring a building permit but not requiring discretionary
approval. However, staff is seeing an increasing desire by applicants to seek DRC
direction prior to construction permit submittal and preparation of full construction plans.
The Municipal Code does not have a clear expiration of action taken by the Design
Review Committee for projects that have not yet submitted a building permit a pplication.
Specifying an expiration deadline would eliminate the possibility of an applicant assuming
indefinite approval for a use that may become non-conforming after the DRC action.
This amendment limits the DRC’s approval/endorsement to a period of 12 months. The
approval will become null and void after 12 months unless the applicant has applied for a
building permit and the building permit has not expired, the project has been completed,
or an extension to the DRC approval has been granted. The amen ded code would allow
the applicant to apply for two six-month extensions that can be approved by the
Community Development Director. Additional extensions would be required to be
approved by the DRC. An extension would need to be requested in writing on or before
the date of expiration of the approval/endorsement. The following findings would need to
be made in order to approve an extension:
1. There have been no changes to the provisions of the General Plan or zoning
regulations applicable to the project since the approval/endorsement of
the project; and
2. There have been no changes in the character of the site or its surroundings
which affect how the standards of the General Plan or zoning regulations
apply to the project.
11. Corner lot clarification (AMC 9-4.107)
The definition of a corner lot currently states that the narrowest frontage facing a street is
the front and the longest frontage facing the street is the side for corner lots regardless of
where the front door is located or the neighborhood layo ut. This setback definition
determines what setbacks are applied along each frontage. The proposed amendment
would allow applicants to select their front yard regardless of width or length to allow for
flexibility in property layout and responsiveness to p roperty characteristics.
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This clarification will allow an applicant to choose their appropriate front setback based
on their lot and development configuration, thereby increasing design flexibility.
12. Side and rear setback exceptions (AMC 9-4.107)
Municipal Code Section 9-4.107 is written to allow buildings less than 12 feet in height to
be located as close as three feet to a property line. This conflicts with the California
Building Code which sets the minimum at 5 feet. The zoning code needs to be revised for
consistency and clarity for applicants. This amendment would modify the required building
setback to be consistent with the building code at a 5 feet minimum.
13. Clarify ground floor office uses in the Downtown Commercial (DC) zone (AMC 9 -
3.330)
The recent code text change to office uses in the Downtown is unclear about ground floor
office uses in the DC zone south of Atascadero Creek. Adoption of the limit on ground
floor office uses was intended to apply only to parcels north of the creek. However, the
Code was written in a way that could be interpreted to prohibit ground floor office uses on
parcels south of the creek. Staff proposes an amendment to clarify that ground floor
offices are allowed in the DC zone south of the creek without CUP approval.
14. Public zones table (AMC 9-3.330, AMC 9-3.430)
The Public Zones Uses table (Table 3 -3) was mistakenly located in the non-residential
land use section (AMC 9-3.330) in the Municipal Code during the last code update. This
resulted in the incorrect non-updated table remaining in the Public Land Uses section .
This updated table needs to be removed form AMC 9 -3.330 and moved to AMC 9-3.430.
15. Hotels, Motels definition (AMC 9-3.500)
Hotels and motels are land uses that provide for transient lodging with the intent of serving
visitors that stay for less than 30-days. While this is generally inferred in the operation of
a hotel or motel, the Municipal Code does not currently specificall y define length of stay
in the land use definition. This lack of specificity has created a potential loophole for the
conversion of tourist lodging development to long-term stay single-room occupancy units,
which is contrary to the intent of the City’s commercial zoning districts. The proposed
code update would clarify a length of stay of less than 30 -days in the definition for hotels
and motels to provide clarity to applicants and property owners.
It is important to note that single-room-occupancy units (SROs) are a conditional use in
the CR zone and may be permitted through that discretionary process.
Conclusion
Each year, a series of zoning amendments will be explored in order to keep the Zoning
Ordinance a “living document” that can be responsive to economic development and the
latest changes to State and local policies. The listed text amendments respond to the
recently adopted 2021-2028 Housing Element in addition to a general update of code
sections that lack clarity or need greater specify to better achieve the City’s development
goals. The proposed amendments are consistent with the General Plan and further the
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City’s goals of streamlining development and providing consistency and clarity to
developers and property owners.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), Section 15061(3)(b), exempts
activities which are covered by the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the environment. The proposed t ext
amendment will not have any significant adverse environmental impacts.
FISCAL IMPACT
None. Since the proposed Zoning clarifications are intended to refine consistency with
the General Plan, there is a potential small savings of staff time. Some of the amendments
are intended to streamline processes, thereby reducing staff time and potentially reducing
fiscal impact, while other amendments are intended to clarify zoning for public use, with
the intent of reducing staff interpretation time.
ALTERNATIVES
1. The Council may modify the text amendments to the Draft Ordinance.
2. The Council may determine that more information is needed on the proposed
revisions and may refer the item back to staff to develop additional information. The
Council should clearly state the type of information that is required and move to
continue the item to a future date.
3. The Council may deny some or all of the proposed text amendments. The Council
should specify the reasons for denial and recommend an associated finding with such
action.
ATTACHMENT:
Draft Ordinance
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ITEM NUMBER: B-3
DATE:
ATTACHMENT:
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1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING TITLE 9 PLANNING &
ZONING, SECTION 9-2.112 PERMIT TIME LIMITS, SECTION 9-3.230
AGRICULTURE AND RESIDENTIAL DISTRICT ALLOWABLE LAND
USES, SECTION 9-3.262 PROPERTY DEVELOPMENT STANDARDS –
RMF, SECTION 9-3.330 NONRESIDENTIAL DISTRICT ALLOWABLE
LAND USES, SECTION 9-3.331 MIXED USE RESIDENTIAL DENSITY,
SECTION 9-3.430 PUBLIC DISTRICTS ALLOWABLE LAND USES,
SECTION 9-3.500 DEFINITIONS, SECTION 9-4.107 SIDE SETBACKS,
SECTION 9-4.112 MEASUREMENT OF HEIGHT, SECTION 9-4.113
HEIGHT LIMITATIONS, SECTION 9-4.128 FENCING AND SCREENING,
SECTION 9-6.103 ACCESSORY STORAGE, SECTION 9-6.105 HOME
OCCUPATIONS, SECTION 9-6.106 RESIDENTIAL ACCESSORY USES,
SECTION 9-6.112 FARM ANIMAL RAISING, SECTION 9-6.113 INTERIM
AGRICULTURAL USES, SECTION 9-9.102 GENERAL DEFINITIONS, AND
DETERMING THIS ORDINANCE IS EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(ZCH21-0004)
WHEREAS, an application has been received from the City of Atascadero
(6500 Palma Ave., Atascadero, CA 93422), to consider Zone Change Text Amendments to
Title 9 Zoning Ordinance, (ZCH21-0004); and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact amendments to Title 9 Planning and Zoning of the Atascadero Municipal Code for
consistency with the General Plan and to maintain a clear and legible set of Zoning Regulations
that is easily interpreted by the public and staff; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and
Zoning Text Change application was held by the Planning Commission of the City of Atascadero
at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and
Zoning Text Amendments; and
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held
on May 4, 2021, studied and considered said amendments; and
WHEREAS, the Planning Commission of the City of Atascadero has recommended
approval of proposed amendments to Title 9 Zoning Ordinance, of the Atascadero Municipal Code
as presented to them on May 4, 2021; and
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1
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Text
Change application was held by the City Council of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
May 25, 2021, studied the Planning Commission’s recommendation and considered the proposed
zoning text amendments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular
session assembled on May 25, 2021, resolved to introduce for first reading, by title only, an
Ordinance that would amend the City Zoning Code Text as shown in Exhibit A, attached hereto and
incorporated herein by this reference.
SECTION 3. Facts and findings. The City Council makes the following findings,
determinations and approvals with respect to the Zone Text Amendment:
A. Findings for Approval of a Zone Text Change
FINDING: (i) The Planning and Zoning Text Change is consistent with General Plan
policies and all other applicable ordinances and policies of the City.
FACT: The proposed zone text amendments align the code requirements with the
vision, intent, and policies of the adopted General Plan.
FINDING: (ii) This amendment of the Zoning Ordinance will provide for the orderly
and efficient use of lands where such development standards are applicable.
FACT: The proposed text amendment provides for orderly development within the
commercial zoning districts in accordance with the adopted General Plan and will allow
for the orderly use of residential land for the raising of farm animals associated with
youth projects.
FINDING: (iii) The Text Change will not, in itself, result in significant environmental
impacts.
FACT: The proposed text changes are minor and do not trigger any environmental
impacts.
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1
SECTION 4. Approval. Atascadero Municipal Code Title 9 Planning & Zoning is
amended as detailed in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 5. CEQA. This Ordinance is exempt from the California Environmental
Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with
certainty that there is no possibility that the enactment of this Ordinance would have a significant
effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4),
15061(b)(3).
SECTION 6. Interpretation. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 7. Preservation. Repeal of any provision of the AMC or of any previous Code
Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude
prosecution and imposition of penalties for any violation occurring before this Ordinance’s
effective date. Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the AMC or other City
Ordinance by this Ordinance will be rendered void and cause such previous AMC provision or
other City Ordinance to remain in full force and effect for all purposes.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 10. Certification. The City Clerk is directed to certify the passage and adoption
of this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
SECTION 11. Approval. Atascadero Municipal Code Title 9 Zoning Regulations is
amended as detailed in Exhibit A, attached hereto and incorporated herein by this reference.
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INTRODUCED at a regular meeting of the City Council held on May 25, 2021 and PASSED,
APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California,
on _____ 2021.
CITY OF ATASCADERO, CA
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
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1A
Title 9 Updates Draft Ordinance Exhibit A
9-2.112 Permit time limits.
(a) An approved plot plan is valid for the time limits established by Title 8 governing building
permits. An approved precise plan or conditional use permit, when not part of a planned development
with an approved corresponding tentative map, is valid for twenty-four (24) months after its effective
date, unless otherwise provided by adopted conditions. At the end of the twenty-four (24) months the
approval shall expire and become null and void unless:
(1) Building permits have been applied for and have not expired;
(2) The project is completed (Section 9-2.114);
(3) An extension has been granted (Section 9-2.117); or
(4) A building moratorium is imposed on the project site.
(b) If a conditional use permit has been approved as part of a planned development with a
corresponding tentative map, the life of the conditional use permit shall run with the map and shall only
expire if the map expires. Time extensions for the map shall also extend the time of the corresponding
conditional use permit. Conditional use permits which correspond with a tentative map shall remain
active and shall not expire once the map is recorded. This provision shall apply retroactively and, as a
result, any conditional use permit which expired prior to the effective date of the ordinance codified in
this section, but which was approved as part of a planned development with a corresponding tentative
map that is still active, shall no longer be considered expired but shall instead be deemed active and
subject to expiration only if and when the corresponding map expires without having been recorded.
(c) Endorsement or approval by the Design Review Committee shall be valid for a period of 12-
months, unless otherwise provided by adopted conditions. At the end of the 12-months,
the endorsement/approval shall expire and become null and void unless:
(1) A complete construction permit for the majority of the development has been applied for and
has not expired;
(2) The project is completed (Section 9-2.114);
(3) An extension has been granted consistent with the following:
(i) The Planning Director may grant two (2) six (6) month extensions. Additional exceptions may
be granted by the Design Review Committee.
(ii) An extension shall be requested in writing on or before the date of expiration of the
approval/endorsement.
(iii) The following findings shall be made to grant an extension:
a. There have been no changes to the provisions of the General Plan or zoning regulations
applicable to the project since the approval/endorsement of the project; and
b. There have been no changes in the character of the site or its surroundings which affect how
the standards of the General Plan or zoning regulations apply to the project.
(cd) Nothing in this title shall be construed as affecting any time limits established by Title 8 of
this code regarding work authorized by a building permit or other construction permit issued pursuant to
Title 8, or time limits relating to the expiration of such permit.
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1A
9-3.230 Agriculture and residential district allowable land uses.
Table 3-1 identifies the uses of land allowed this Zoning Code in each agriculture and residential
district, and the planning permit required to establish each use, in compliance with Section 9-1 and
Section 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a
section number, the regulations in the referenced section apply to the use. Provisions in other sections of
this article may also apply.
Table 3-1 – Agriculture and Residential Land Uses
Allowed Land Uses and Permit Requirements
Agriculture/Residential
Zones
A Allowed Use, Zoning Clearance Required
AUP Administrative Use Permit
CUP Conditional Use Permit Required
Not Permitted
Permitted Uses By Zone Special Use
Regulation(s) A RS RSF LSF RMF
Agricultural Related Uses
Agricultural Accessory Uses A A A 9-6.109
Agricultural Produce Stands A A A AUP AUP 9-6.117
Agriculture Employee
Housing
A 9-6.107
Farm Animal Raising A A A AUP 9-6.112
Horticultural Specialties A A 9-6.116
Large Scale Ag
Manufacturing
A CUP 9-6.103
Livestock Specialties A CUP 9-6.115
Personal Cannabis
Cultivation
A A A A A 9-17
Small Scale Ag Processing A A A AUP AUP 9-6.103
Natural Resources and Processing
Resource Extraction CUP CUP 9-6.147—
9.6-161
Residential Uses
Multifamily Housing A 9-3.175
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1A
Agriculture/Residential
Zones
A Allowed Use, Zoning Clearance Required
AUP Administrative Use Permit
CUP Conditional Use Permit Required
Not Permitted
Permitted Uses By Zone Special Use
Regulation(s) A RS RSF LSF RMF
Manufactured Home/Mobile
Home
A A A A A 9-6.143
Mobile Home Parks CUP CUP CUP CUP 9-6.142,
9-6.143
Organizational Houses CUP CUP CUP CUP 9-3.175
Residential Accessory Uses A A A A 9-6.106
Single-Family Dwelling A A A A 9-6.143,
9-6.184
Secondary Residential Units A A A 9.5
Temporary Dwelling A A A A 9-6.175
Recreation, Education, and Public Assembly
Churches and Related
Activities
CUP CUP CUP CUP 9-6.121
Parks and Playgrounds AUP AUP AUP AUP
Schools CUP CUP CUP CUP 9-6.125
Schools – Business and
Vocational
CUP CUP CUP CUP 9-6.125
Temporary Events A A A A A 9-6.177
Tourism, Lodging, and Dining
Bed and Breakfast CUP CUP CUP CUP
Services-Professional
Day Care – Small Family
Day Care Home
A A A A 9-6.125
Day Care – Large Family
Day Care/Child Care Center
CUP CUP CUP CUP 9-6.125
Kennels CUP CUP 9-6.111
Medical Extended Care
Services, 6 Clients or Less
A A A CUP 9-6.134
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1A
Agriculture/Residential
Zones
A Allowed Use, Zoning Clearance Required
AUP Administrative Use Permit
CUP Conditional Use Permit Required
Not Permitted
Permitted Uses By Zone Special Use
Regulation(s) A RS RSF LSF RMF
Medical Extended Care
Services, 7 Clients or More
CUP CUP CUP CUP 9-6.134
Residential Care, 6 Clients or
Less
A A A A 9-6.135
Residential Care, 7 Clients or
More
CUP CUP CUP CUP 9-6.135
RCFE – Assisted Living, 6
Clients or Less
A A A A 9-6.135
RCFE – Assisted Living, 7
Clients or More
CUP CUP CUP CUP 9-6.135
RCFE – Independent Living
Center/Senior Apartments
CUP
RCFE – Retirement Hotel CUP
Transportation, Infrastructure and Communication
Pipelines Utility
Infrastructure
CUP CUP CUP CUP CUP
Utility Transmission
Facilities
A A A A A
Wireless Communication
Facilities
CUP CUP CUP CUP CUP
Zoning Districts Abbreviations
A – Agriculture LSF – Limited Single-Family Residential
RS – Residential Suburban RMF – Residential Multifamily
RSF – Residential Single-Family Residential
9-3.262 Property development standards—RMF.
In addition to the standards specified in Chapter 4 of this title, General Site Design and Development
Standards, the following development standards shall apply to mobile home and multiple-family
residential projects:
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(a) Percent Coverage. The maximum percent of a lot that may be covered by structures (excluding
decks less than thirty (30) inches from the ground) shall be forty percent (40%) for low density multiple-
family projects and fifty percent (50%) for high density multiple-family projects.
(b) Enclosed Storage. Each dwelling unit shall be provided a minimum of one hundred (100) cubic
feet of enclosed storage space, exclusive of closets, which may be located in either a principal or
accessory building.
(c) Outdoor Recreation Areas. For developments of four (4) to seven (7) dwelling units, outdoor
recreational open space shall be provided at a ratio of three hundred (300) square feet per unit. This open
space may be provided either as: (1) a private amenity designed for exclusive use of a dwelling unit; or
(2) as common open space provided that no individual open space is less than one thousand (1,000)
square feet. For developments of eight (8) or more dwelling units, outdoor recreational open space shall
be provided at a ratio of three hundred (300) square feet per unit. This common open space may be
provided in more than one (1) location provided that no individual open space area is less than one
thousand (1,000) square feet.
(d) Screening Wall. A solid wall or fence not less than six (6) feet in height shall be placed and
maintained on interior lot lines abutting property zoned for single-family residential use.
(e) Covered Parking. One (1) covered parking space (carport or garage) shall be required per
dwelling unit of the total off-street parking required by Section 9-4.118.
(ef) Laundry Facilities. Laundry facilities shall be provided in the form of either: (1) laundry hook-
ups within each individual dwelling unit; or (2) a shared laundry facility equipped with washers and
dryers.
(fg) Appearance Review. All projects shall be consistent with the multifamily design and
landscape requirements of the Appearance Review Manual.
(gh) Maintenance Requirement. A maintenance agreement for all landscaping, building exteriors,
accessory structures, parking areas and other common facilities shall be approved by the Community
Development Director and City Attorney prior to final occupancy.
(hi) RMF-24 properties identified in Appendix 1, Table V-45 (Vacant Residential Parcels RMF-
20), of the General Plan Housing Element shall be permitted “by right” and will not be subject to
conditional use permit or specific plan. Proposed planned development projects or other relief from
property development standards on these parcels shall be subject to discretionary review per the
requirements of the Municipal Code.
9-3.330 Nonresidential district allowable land uses.
Table 3-2 identifies the uses of land allowed by this Zoning Code in each nonresidential district, and
the planning permit required to establish each use, in compliance with Chapters 9-1 and 9-2 of this code.
Where the last column in the tables (“Specific Use Regulations”) includes a section number, the
regulations in the referenced section apply to the use. Provisions in other sections of this article may also
apply.
Table 3-2 – Nonresidential Use Table
Allowed Land Uses and Permit Requirements
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s
) CN CP CR CS CT CPK DC DO IP I
Accessory Storage A4 CUP 4 A4 CUP
4
CUP
4 A4 A4 9-6.103
Adult Day Care
Facility A A A CUP
Adult Oriented
Business A A A A 9-16
Age Restricted
Housing CUP
Agricultural
Produce Stands A A A A 9-6.117
Amusement
Services A A A A A A
Animal Hospitals CUP
7 CUP A CUP 9-6.110
Artisan Foods and
Products A A A A5 A A
ATM A A A A A A A A A A
Auto Dealers (New
and Used) and
Supplies
CUP CUP CUP CUP CUP 9-6.163
Auto Repair and
Services CUP A A CUP A A 9-6.168
Bar/Tavern CUP CUP CUP A
Bed and Breakfast CUP CUP CUP CUP
Brewery –
Production CUP CUP A A
Broadcast Studios A A
Building Materials
and Hardware w/
CUP CUP CUP CUP CUP CUP 9-6.165
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s
) CN CP CR CS CT CPK DC DO IP I
outdoor sales or
storage area 10,000
sf or greater
Building Materials
and Hardware w/
outdoor sales or
storage area less
than 10,000 sf
A A A A A A 9-6.165
Business Support
Services A A A A A A A A
Caretaker’s
Residence/
Employee Unit
CUP CUP CUP
Childcare Center A A A CUP 9-6.125
Churches and
Related Activities CUP CUP 9-6.121
Collection Stations A4 A4 A4 A4 A4 A4 A4 A4 9-6.130
Contract
Construction
Services (Indoor)
A A A A
Contract
Construction
Services (Outdoor)
CUP CUP CUP
Data and Computer
Services Center AUP AUP CUP A A
Day Care
Drive-Through
Sales or Services CUP CUP CUP CUP CUP CUP 9-4.122
Eating and Drinking
Places A A A A A A A A A A
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s
) CN CP CR CS CT CPK DC DO IP I
Farm Equipment
and Supplies w/
outdoor storage or
sales area 10,000 sf
or greater
CUP CUP CUP CUP CUP
Farm Equipment
and Supplies w/
outdoor storage or
sales area less than
10,000 sf
A A A A A
Farmers’ Market CUP CUP CUP CUP CUP A A
Financial Services
and Banks A A A A A A CUP A
Fuel Dealer A4 CUP A4 A4 9-6.129
General Retail A4 A4 A4 A4 A4 A4 A4
General Retail
Greater than 50,000
sf
CUP CUP CUP CUP CUP CUP CUP
Government Offices
and Facilities A A A A A A CUP
9 A A A
Health Care
Services A A A CUP A CUP
9 A
Horticultural
Specialties w/
outdoor storage or
sales area 10,000 sf
or greater
CUP CUP CUP CUP CUP CUP CUP 9-6.116
Horticultural
Specialties w/
outdoor sales or
storage area less
than 10,000 sf
A A A A A 9-6.116
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s
) CN CP CR CS CT CPK DC DO IP I
Hotels, Motels CUP A A A CUP
Indoor Recreation
Services CUP CUP CUP A A CUP CUP CUP
Kennels CUP A 9-6.111
Large Family Day
Care CUP
8 CUP8 9-6.125
Large Scale Ag
Manufacturing CUP CUP A 9-6.103
Laundries and Dry
Cleaning Plants A A A A
Laundromat/Coin-
Operated Laundry CUP CUP CUP CUP CUP CUP A A
Libraries, Museums A A A A A A
Live/Work Unit A1
Manufacturing and
Processing – High
Intensity4
CUP CUP AUP AUP
Manufacturing and
Processing - Low
Intensity
CUP CUP A A A A
Medical Extended
Care Services: 6
Residents or Less
CUP CUP CUP CUP CUP CUP 9-6.134
Medical Extended
Care
Services: 7 Resident
s or More
CUP 9-6.134
Medical Research CUP A A CUP A A
Membership
Organizations A A CUP CUP
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s
) CN CP CR CS CT CPK DC DO IP I
Microbrewery –
Brewpub A CUP A A A A A A A A
Mini-Storage CUP CUP A A
Mobile Eating and
Drinking Vendors6 A A A A A A A A
Mortuary Services CUP
A
CUP
A A A
Multifamily
Dwelling
CUP
2
CUP
2 CUP2 CUP2 A1 A1
Occupancy Units
Offices A A A A A A CUP
9 A
Outdoor Recreation
Services CUP CUP A 9-6.123
Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP
Parks and
Playgrounds A A
Personal Service
Restricted A CUP CUP
Personal Services A A A A A CUP A
Printing and
Publishing CUP CUP A4 A4 A4
Public Assembly
and Entertainment CUP CUP A CUP CUP
RCFE – Assisted
Living CUP 9-6.135
RCFE –
Independent
Living/Senior
Apartments
CUP CUP CUP 9-6.135
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s
) CN CP CR CS CT CPK DC DO IP I
RCFE – Retirement
Hotel CUP CUP CUP 9-6.135
Recreational
Vehicle Parks A 9-6.180
Recycling and
Scrap CUP CUP 9-6.131
Recycling Centers CUP CUP 9-6.132
Research and
Development CUP A A CUP A A A
Residential Care: 6
Residents or Less A2 A2 9-6.135
Retail Sales—
Restricted A CUP CUP
Sales Lots CUP CUP CUP CUP 9-6.139
Schools A A A CUP CUP 9-6.125
Schools – Business
and Vocational A A A A CUP CUP CUP CUP 9-6.125
Service Stations CUP CUP CUP CUP 9-6.164
Single-Family
Dwelling A1 A1
Single-Room
Occupancy Units CUP 9-6.184
Small Family Day
Care A8 A8 A8 A8 A8
Social and Service
Organizations A A A
Sports Assembly CUP CUP A
Storage, Recycling
and Dismantling of
CUP A A 9-6.131
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s
) CN CP CR CS CT CPK DC DO IP I
Vehicles and
Material
Tasting Room A CUP A A A A A A A A
Telecommunication
Facility CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Temporary Events A/
CUP
3
CUP A/
CUP3
A/
CUP3
A/
CUP3
A/
CUP3
A/
CUP
3
A/
CUP
3
A A 9-6.177
Temporary Offices A A A 9-6.176
Temporary or
Seasonal Sales A A A A A A A A A 9-6.174
Transit Stations CUP CUP A CUP CUP CUP CUP CUP
Utility Facilities CUP CUP CUP CUP CUP CUP CUP CUP
Utility
Infrastructure A A CUP A A A CUP CUP A A
Vehicle and
Equipment Storage
(Indoor)4
A CUP A4 A4 9-6.183
Vehicle and
Equipment Storage
(Outdoor)4
CUP 4 CUP
4
CUP
4 9-6.183
Vehicle and Freight
Terminals CUP CUP CUP
Warehousing CUP CUP A A
Wholesaling and
Distribution Center4 AUP AUP A4 A4 A4 A4
Winery – Boutique A4 A4 A4 A4 A4 A4 A4
Winery –
Production CUP CUP A4 A4
Notes: (These notes apply only to Table 3-2).
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1 Residential uses allowed only on second and third floors. If a project is required to provide a unit in compliance with the
Americans with Disabilities Act, the handicapped accessible unit may be located on a first floor. A first floor unit shall be located
in a non-storefront location within a tenant space.
2 Multifamily dwellings permitted when located on the second floor or above, or within an existing residential structure of
historical significance.
3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a conditional use permit
(Section 9-2.110).
4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9 -9.102) of 10,000 square feet or
more require the approval of a conditional use permit (Section 9-2.110), even if such a development is listed as an allowable use
in a particular zoning district.
5 Handcrafted and artisan food production shall be ancillary to the retail component.
6 Mobile food vending permitted on private property with owner’s permission and City review of parking and access on-site.
Mobile food trucks used as part of an event may be permitted in the right-of-way with the issuance of an Event Permit.
7 When no overnight stays of animals are included.
8 Permitted when in association with conforming and legal nonconforming residences.
9 Allowed above ground floor north of the creek. Conditional use permit required on ground floor on Palma, East Mall, West
Mall Entrada, Traffic Way and on El Camino Real north of Atascadero Creek as designated in Figure 3-1, subject to all of the
following findings:
a. The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related uses.
b. The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses.
c. The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian
traffic, and active uses in the downtown.
d. The proposed new office will meet parking, accessibility, and property development standards and will not result in new
parking along Atascadero Creek, East Mall or West Mall.
e. The proposed new office building will provide a storefront and other architectural features that complement the pedestrian
scale and retail environment desired within the downtown.
Zoning District Abbreviations
CN – Commercial Neighborhood
CP – Commercial Professional
CR – Commercial Retail
CS – Commercial Service
CT – Commercial Tourist
CPK – Commercial Park
DC – Downtown Commercial
DO – Downtown Office
IP – Industrial Park
I – Industrial
Figure 3-1
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Table 3-3 Public Zone Uses
Allowed Land Uses and Permit Requirements
Public Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special Use
Regulation(s) L LS P OS
Accessory Storage A A 9-6.103
Adult Day Care Facility CUP
Agricultural Accessory Uses A
Amusement Services A CUP
Animal Hospitals CUP
ATM A
Bed and Breakfast A A
Broadcast Studios A
Caretaker’s Residence/Employee Unit CUP 9-6.184
Cemeteries CUP CUP CUP
Childcare Center CUP 9-6.125
Churches and Related Activities CUP 9-6.121
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Public Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special Use
Regulation(s) L LS P OS
Collection Stations A A A 9-6.130
Day Care
Eating and Drinking Places CUP CUP
Farmers’ Market A A A
Government Offices and Facilities A
Health Care Services CUP
Home Occupation A
Horticultural Specialties CUP
Hotels, Motels CUP
Indoor Recreation Services CUP CUP A
Libraries, Museums A A A
Medical Extended Care Services: 6 Residents or Less CUP 9-6.134
Medical Extended Care Services: 7 Residents or More CUP 9-6.134
Membership Organizations A CUP
Mini-Storage CUP
Mortuary Services CUP
Outdoor Recreation Services A CUP A 9-6.123
Parking Lots A
Parks and Playgrounds A A A A
Recreational Vehicle Parks CUP CUP CUP 9-6.180
Residential Accessory Uses A 9-6.106
Residential Care: 6 Residents or Less CUP 9-6.125
Residential Care: 7 Residents or More CUP 9-6.125
Schools A 9-6.125
Schools—Business and Vocational A CUP 9-6.125
Single-Family Dwelling A CUP
Sports Assembly CUP
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Public Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special Use
Regulation(s) L LS P OS
Telecommunication Facilities CUP CUP CUP
Temporary Dwelling A 9-6.176
Temporary Events A A A 9-6.177
Temporary Offices A
Transit Stations CUP CUP
Utility Facilities A A A CUP
Utility Infrastructure CUP CUP CUP CUP
Zoning Districts Abbreviations
L – Recreation
LS – Special Recreation
P – Public
OS – Open Space
9-3.331: Mixed Use residential density
Mixed-Use developments within commercial zoning districts that allow for multi-family uses shall have a
maximum base density of 24 dwelling units per acre.
9-3.430 Public districts allowable land uses.
Table 3-3 identifies the uses of land allowed this Zoning Code in each public district, and the
planning permit required to establish each use, in compliance with Chapters 9-1 and 9-2 of this code.
Where the last column in the tables (“Specific Use Regulations”) includes a section number, the
regulations in the referenced section apply to the use. Provisions in other sections of this article may also
apply.
Table 3-3 Public Zone Uses
Allowed Land Uses and Permit Requirements
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Public Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special Use
Regulation(s) L LS P OS
Accessory Storage A A 9-6.103
Adult Day Care Facility CUP
Agricultural Accessory Uses A
Amusement Services A CUP
Animal Hospitals CUP
ATM A
Bed and Breakfast A A
Broadcast Studios A
Caretaker’s Residence/Employee Unit CUP 9-6.184
Cemeteries CUP CUP CUP
Childcare Center CUP 9-6.125
Churches and Related Activities CUP 9-6.121
Collection Stations A A A 9-6.130
Day Care
Eating and Drinking Places CUP CUP
Farmers’ Market A A A
Government Offices and Facilities A
Health Care Services CUP
Home Occupation A
Horticultural Specialties CUP
Hotels, Motels CUP
Indoor Recreation Services CUP CUP A
Libraries, Museums A A A
Medical Extended Care Services: 6 Residents or Less CUP 9-6.134
Medical Extended Care Services: 7 Residents or More CUP 9-6.134
Membership Organizations A CUP
Mini-Storage CUP
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Public Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special Use
Regulation(s) L LS P OS
Mortuary Services CUP
Outdoor Recreation Services A CUP A 9-6.123
Parking Lots A
Parks and Playgrounds A A A A
Recreational Vehicle Parks CUP CUP CUP 9-6.180
Residential Accessory Uses A 9-6.106
Residential Care: 6 Residents or Less CUP 9-6.125
Residential Care: 7 Residents or More CUP 9-6.125
Schools A 9-6.125
Schools—Business and Vocational A CUP 9-6.125
Single-Family Dwelling A CUP
Sports Assembly CUP
Telecommunication Facilities CUP CUP CUP
Temporary Dwelling A 9-6.176
Temporary Events A A A 9-6.177
Temporary Offices A
Transit Stations CUP CUP
Utility Facilities A A A CUP
Utility Infrastructure CUP CUP CUP CUP
Zoning Districts Abbreviations
L – Recreation
LS – Special Recreation
P – Public
OS – Open Space
9-3.500 Definitions.
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Amend the following land-use definitions in AMC 9-3.500 as follows:
Agricultural Accessory Uses. Residential accessory uUses that are customarily part of an small-scale
and/or hobby agricultural activitiesy incidental to the primary residential use of the property including
structures that are designed to house farm implements, hay, grain, poultry, livestock, or other horticulture
products, including noncommercial greenhouse that are incidental and secondary to a residential use. This
does not include garages, workshops, or other similar residential accessory structures for non-agricultural
uses.
Hotels, Motels. Commercial transient lodging establishments, including hotels, motor hotels,
motels, tourist courts or cabins, primarily engaged in providing overnight or otherwise temporary lodging
for less than 30-days, with or without meals, for the general public. Such establishments shall not provide
kitchen facilities in more than twenty-five percent (25%) of the units.
9-4.107 Side setbacks.
The side setback is measured at right angles to the side property line to form a setback line parallel to
the side property line, which extends between the front and rear setback areas. The minimum side setback
is to be as follows:
(a) A, RS, RSF, LSF and RMF Zones and Residential Uses in Commercial and Industrial Zones.
All residential uses except for second story dwellings over commercial and industrial uses shall have a
minimum side set back of five (5) feet, except as follows:
(1) Corner Lots. The side setback on the street side of a corner lot is to be a minimum of ten (10)
feet.
(2) A Corner Lot Adjacent to a Key Lot. A side setback equal to one-half (1/2) the depth of the
required front setback of the key lot shall be provided, except that:
(i) Where the corner lot is less than fifty (50) feet in width, the setback is to be a minimum of ten
(10) feet;
(ii) Where an alley is between the corner lot and a key lot, the setback on the street side of the
corner lot is to be five (5) feet.
(3) Accessory Buildings. A side yard may be used for an accessory building no greater than twelve
(12) feet in height, provided that it is not used for human habitation or the keeping of animals and is
either:
(i) Located no closer than threefive (35) feet to any property line;
(ii) Located on the rear half of the lot; or
(iii) Established on the property line as a common wall structure pursuant to subsection (a)(4) of
this section, or as a zero lot line structure, provided that all applicable Uniform Building Code
requirements are satisfied for a property line wall.
(43) Common Wall Development. Any two (2) dwelling units, and/or their accessory garages, may
be constructed on adjoining lots without setbacks between them provided that:
(i) The setback has been eliminated through subdivision map or conditional use permit approval;
(ii) A common wall or party wall agreement, deed restriction or other enforceable restriction has
been recorded;
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(iii) The side setbacks opposite the common wall property line are not less than two (2) times the
minimum width required by this section; and
(iv) Common wall construction is in compliance with the Uniform Building Code.
(54) Zero Lot Line Development. A group of dwelling units on adjoining lots may be established
so that all units abut one (1) side property line, provided that:
(i) The setback has been eliminated for an entire block through subdivision map or conditional use
permit approval;
(ii) The modified setback requirements for the block are recorded as part of a land division map,
deed restriction, or other enforceable restriction;
(iii) The side setback shall not be eliminated or reduced on the street side of a corner lot; and
(iv) Side setbacks opposite the zero setback property line are not less than twice the minimum
required by this section.
(65) Access Easements. All access easements shall have a minimum setback of five (5) feet,
measured from the edge of the easement.
(b) CN, CP, CR, CS, CT, CPK, IP, I and P Zones. No side setbacks are required. Ground floor
residential uses are subject to the setback requirements of subsection (a) of this section.
(c) L and LS Zones. A minimum five (5) foot side setback is required.
(7) Additional height for buildings in RMF. Multifamily dwellings exceeding twenty-five (25) feet
in height shall have a ten (10) foot setback for all portions of the building over twenty-five (25) feet
in height.
9-4.112 Measurement of height.
The height of a building or structure is to be measured as the vertical distance from the highest point
of the structure to the average of the highest and lowest points where the exterior walls touch the finish
grade. The measurement of heights for fencing, walls, arbors or hedges shall be subject to Section 9-
4.128.
9-4.113 Height limitations.
The maximum height for new structures is as follows:
(a) Limitation by Zone.
Zone Maximum Height
A, RS, RSF, LSF 30 feet
CN, CP, CR, CS, CT 35 feet
CPK, IP, I 45 feet
LS, L, P 35 feet
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Zone Maximum Height
RMF 3035 feet (not to exceed 2 stories) (portions of buildings
exceeding 25’ shall require additional setbacks in accordance with
Section 9-4.107)
(b) Exceptions to Height Limitations.
(1) Planning Commission Waiver. The height limitations of this section may be modified through
conditional use permit approval, provided the Planning Commission first finds the project will not result
in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified
height will not exceed the lifesaving equipment capabilities of the Fire Department.
(2) Height Adjustment. The height limitations specified by subsection (a) of this section may be
adjusted by approval of an administrative use permit (Section 9-1.112) for a single-family residential
building to allow additional height, to a maximum of forty (40) feet, provided that the required side and
rear setbacks are increased one (1) foot in width for each foot of height over thirty (30) feet.
(3) Downhill Lot. Where the average front-to-back slope of a lot is greater than one (1) foot of fall
in seven (7) feet of distance from the centerline of the street to the rear face of the proposed building, up
to ten (10) feet may be added to the rear building face, which is to be excluded from the height
measurement (Section 9-4.112).
(4) Uninhabited Structures. The height limits specified in subsection (a) of this section do not
apply to the following structures (measurement of height is to be from the ground, as set forth in Section
9-4.112):
(i) Radio and television receiving antennas of the type customarily used for home radio and
television receivers, when fifty (50) feet or less in height.
(ii) Transmitting antennas used by licensed amateur (ham) radio operators when fifty (50) feet or
less in height.
(iii) Flagpoles fifty (50) feet or less in height.
(iv) Grain elevators, silos, water tanks, windmills, wind generators and all other similar structures
not containing residential uses and located in the A, RS, CR, CS, CPK, IP and I Zones.
(v) Chimneys no more than one hundred (100) feet in height located in the CPK, IP and I
Zones and all other chimneys and roof vents extending no more than two (2) feet above the height limit
specified in subsection (a) of this section.
(vi) Industrial towers, nonportable equipment and other uninhabited structures no more than sixty
(60) feet in height located in the CPK, IP and I Zones.
(vii) All portable construction equipment.
(viii) Public utility poles and structures for providing electrical and communications services.
(ix) Solar collectors not more than five (5) feet above the height limit specified in subsection (a) of
this section.
(x) Satellite receiving and similar communication dishes and devices in commercial and industrial
zones, when no more than ten (10) feet above the maximum height in the zone.
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(5) Architectural Projections/Features. The height limitations of this section may be increased up to
forty (40) feet through administrative use permit approval to allow for non-habitable architectural features
including, but not limited to, varied roof forms, tower elements, and cupolas with the intent of
encouraging creative building design.
(i) To approve an administrative use permit to increase height the following findings shall be
made:
a. The additional height provides architectural interest and adds to a varied roofline.
b. The added features will not block solar access to adjacent properties.
9-4.128 Fencing and screening.
Standards for fencing and screening are established by this section to protect certain uses from
intrusion, to protect the public from uses that may be hazardous, and to increase compatibility between
different land uses by visual screening. Fencing is the enclosure of an area by the materials identified in
subsection (c) of this section. Screening is the enclosure of an area by a visual barrier, which may include
solid fencing or other materials, as specified in subsection (c) of this section.
(a) Fencing and Screening—Where Required. Within the urban services line, the uses and areas
listed in this subsection shall be fenced and/or screened, as indicated. Unless otherwise specified, fencing
and screening are to be a minimum height of six (6) feet. Fencing and screening materials of a height
greater than three (3) feet shall not be located within a required front setback or side setback adjacent to a
street.
(1) Mechanical Equipment. When located outside of a building, support equipment, including air
conditioning and heating devices, but not including plumbing or exhaust vents, or chimneys, shall be
screened to the height of the particular piece of equipment, as follows:
(i) Roof-Mounted Equipment. To be screened by architectural features from the view of abutting
streets.
(ii) Equipment at Grade. When located on the ground adjacent to a building, mechanical equipment
shall be screened by landscaping, a solid wall or fencing from the view of the street or surrounding
properties.
This subsection does not apply to single-family residential uses.
(2) Outdoor Storage. To be screened on all sides by a wall or fencing.
(3) Public Utility Substations. To be screened on all sides in a manner that will provide an effective
visual barrier as well as the necessary safety clearances required by order of the California Public Utilities
Commission.
(4) Side and Rear Lot Lines. The side and rear property lines of all nonresidential uses are to be
screened as follows:
(i) Adjacent to a Residential Use or Zone. A solid wall or fencing shall be located on side and rear
property lines of any nonresidential or nonagricultural use abutting a residential use or zone.
(5) Swimming Pools. Yard areas with private swimming pools are to be fenced to discourage
unsupervised access and use by small children. Such fencing is to be constructed per building code
requirements.
(b) Exceptions to Fencing and Screening Requirements.
(1) Buildings Abutting Property Lines. Required screening or fencing may be omitted along any
lot line where a building wall exists immediately abutting the lot line.
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(2) Location Adjustment. Where property fencing or screening is required, the location may be
adjusted by approval of an administrative use permit (refer to Section 9-1.112 of this title), so the fencing
may be constructed at or within the setback line, provided the areas between the fence and the property
lines are landscaped, or in rural areas, retained in their natural vegetative state.
(3) Planning Commission Modification. Any of the requirements of this section may be waived or
modified through conditional use permit approval, provided the Planning Commission first finds that
specifically identified characteristics of the site or site vicinity would make required fencing or screening
unnecessary or ineffective.
(c) Standards for Fencing and Screening Materials. All fencing and screening shall be allowed as
follows:
(1) Height. Fence and screen height shall be permitted as follows:
(i) RS/RR/RSF-Z/RSF-Y (with one (1) acre net or larger) Zones.
a. Fencing within a required front or corner yard setback may be up to five (5) feet in height,
provided that the top two (2) feet remain a minimum of eighty percent (80%) visibility. The fence shall
not impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on
human health and safety (refer to engineering standard: Minimum Sight Distance for Driveways and
Intersecting Roads with Stop Control).
b. Fencing associated with agriculture type activities including, but not limited to, “deer fencing”
and other fencing that is a minimum of eighty percent (80%) visible may be up to seven (7) feet in height.
Chain link fencing, wrought iron fencing, and any other decorative type of fencing is not considered
“agriculture” type fencing for the purposes of this subsection.
c. Fencing within a required side or rear setback may be a maximum of six (6) feet in height.
(ii) RSF-Y (less than one (1) acre net) /RSF-X/LSF-Z/LSF-Y/LSF-X/RMF-10/RMF-20.
a. Fencing within a required front or corner yard setback can be a maximum of four (4) feet in
height.
b. Fencing within a required side or rear yard setback shall be a maximum of six (6) feet in height.
(iii) Residential Gates:
a. Gates are permitted in single-family residential zoning districts for private driveways
b. Gates shall be setback a minimum of 20-feet from the right of way in accordance with
Engineering standards.
c. Gates shall be a maximum of 12-feet in height and shall remain residential in nature
d. Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet
in height.
e. Gates shall comply with emergency access standards
f. Gates shall not swing open toward the street unless the maximum swing is not closer than 16
feet from the edge of the right of way.
g. Gates or associated structures shall comply with minimum sight-distance standards.
h. A construction permit shall be required for all gates that exceed 6-feet in height or contain
electrical components.
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(iv) Height Measurement. Fence height shall be measured from the adjacent grade of the downhill
side of the wall, fence, or hedge. Fencing and screening materials shall be measured from the finished
grade of the uphill lot.
a. Where fences or walls are located on retaining walls or berms, the height of the retaining wall or
berm shall be considered as part of the overall height of the fence or wall if the retaining wall or
berm exceeds 2-feet in height.
b. If a retaining wall is terraced and separated by five (5) feet of horizontal space or greater, they
shall be considered individual walls for the purposes of measuring height.
(2) The Design Review Committee (DRC) may grant an exemption to the front setback fencing
requirement to a maximum of six (6) feet in height if proposed fence would be consistent with the
neighborhood character and does not impair site distance for vehicular traffic, as reviewed by the City
Engineer.
(3) Permit to Exceed Height. A minor conditional use permit approval is required where fencing is
proposed to be greater than six (6) feet in height within or outside any required setback, with the
exception of fencing described in subsection (c)(1)(i)(b) or subsection (c)(1)(iv)(a).
(4) Screening Materials Substitution. Where screening is required to be a solid wall or fence, the
following materials may be substituted through adjustment (see Section 9-1.112 of this title), except
where screening is required adjacent to a residential use or zone:
(i) Landscape Screen. Screening plant materials may be substituted for a wall or fence, where:
a. Proposed plant materials are certified in writing by a registered landscape architect as having
the capability of achieving sixty percent (60%) of total view blockage within eighteen (18) months of
planting, and one hundred percent (100%) of total view blockage within thirty-six (36) months of
planting; and
b. The applicant agrees in writing to install solid fencing after the expiration of thirty-six (36)
months, in the event that the landscaping has not totally blocked the view of areas required to be screened.
(ii) Berms. A landscaped berm may be substituted for a wall or fence, provided that the
combination of berm and landscaping is no less than the required height of the fence or wall, and that the
berm is constructed with a maximum slope of three to one (3:1), with side slopes designed and planted to
prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the highest point of the
berm, extending the length of the berm. The berm shall be planted with shrubs, lawn or groundcover.
(iii) Chain-Link Fencing. Vinyl-coated, chain-link fencing with evergreen landscape screen
planting may be substituted for a solid wall or fence in commercial and industrial zones, except where
screening fencing is required adjacent to residential uses and zones.
9-6.103 Accessory storage.
Where the principal building or use on a site is some use other than storage, and storage accessory to
that use is also located on the site, the accessory storage is subject to the following standards (see also
Section 9-6.140). A zoning approval is not required to establish accessory storage except when
subsections (b) and (g) of this section requires such approval for a specific type of storage.
Where the principal building or use on a site is some use other than storage, and storage accessory to
that use is also located on the site, the accessory storage is subject to the following standards (see also
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Section 9-6.140). A zoning approval is not required to establish accessory storage except when
subsections (b) and (g) of this section requires such approval for a specific type of storage.
(a) Outdoor accessory storage is limited to ten percent (10%) of the floor area of the principal
building.
(1) Any size modification for outdoor accessory storage over ten percent (10%) of principal floor
area will require a conditional use permit.
(b) Building Materials and Equipment. Building materials and equipment being used in a
construction project on the same or adjacent site may be stored on or adjacent to the construction site as
long as a valid building permit is in effect for construction on the premises. Building materials and
equipment include stockpiles of construction materials, tools, equipment, and building component
assembly operations. When storage is proposed on a lot adjacent to the construction site, the application
for the project is to also describe the storage site. Temporary storage of construction materials on a site
not adjacent to the construction is subject to Section 9-6.175.
(c) Commercial Vehicles. This subsection applies to the accessory storage of vehicles used for
shipping and/or the delivery of freight and products in support of a business or used for other commercial
activity, when such vehicles are larger than a standard passenger car, pickup truck or van. Storage means
parking a commercial vehicle longer than for a single weeknight, weekend or holiday. The storage of
vehicles as a principal use is subject to the standards of Section 9-6.183.
(1) Commercial vehicles are to be stored in an enclosed building unless otherwise allowed by the
provisions of this code.
(2) The storage of agricultural vehicles in the A Zone is unrestricted.
(3) Commercial vehicles may be allowed in residential zones where the resident of the premises
can show that:
(i) The site is of sufficient size to allow parking of the vehicle in the buildable area of the site; and
(ii) The number of such vehicles is limited to a maximum of one (1); and
(iii) The vehicle can be maintained on the site in a manner which will not be disturbing to nearby
residents as a result of unsightly appearance, excessive noise, or operation between 9:00 p.m. and 7:00
a.m.; and
(iv) The vehicle due to its size, length or weight will not damage streets leading to the site beyond
normal levels and will not create traffic safety problems due to maneuvering necessary to enter and exit
the site; and
(v) There are no other suitable locations available to store the vehicle.
(d) Inoperative Vehicles. The storage or keeping of inoperative vehicles is subject to the following.
Nothing in this title shall be construed as preventing the abatement of an inoperative vehicle which is
found to be a nuisance:
(1) Vehicles Under Commercial Repair. The repair of vehicles is allowed only in commercial or
industrial zones as provided by Chapter 9-3, except for repair of a personal vehicle by the vehicle owner
on a site owned or rented by the vehicle owner. The storage of inoperative vehicles in a commercial or
industrial zone for the purposes of repair, alteration, painting, impoundment or temporary storage by a
towing service is subject to Section 9-6.168.
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(2) Wrecked and Abandoned Vehicle Dismantling or Storage. Any area used for the dismantling of
inoperative vehicles or for the storage of wrecked or abandoned vehicles not being dismantled or repaired
is subject to Section 9-6.131.
(3) Automobiles Stored in Residential Areas. The storage of inoperative vehicles in a residential
zone is limited to one vehicle when stored outdoors. Such storage may be located only where it is within
the buildable area of the site. Inoperative vehicles may be abated as set forth in Chapter 9-8. Storage of
such vehicles within an approved accessory building (Section 9-6.106) is not subject to limitation on the
number of vehicles.
(d) Accessory Storage of Flammable and Combustible Liquids. The accessory storage of
flammable and combustible liquids is subject to the following standards:
(1) Limitations on Quantity. The quantity of flammable or combustible liquids stored on a site
shall be limited as follows:
(i) Residential Zones. Ten (10) gallons, unless authorized through precise plan approval. Excluded
from this requirement is the storage of flammable liquids in the fuel tanks of self-propelled vehicles,
mobile power or heat generators or similar equipment and the storage of paints, oils, varnishes or
combustible mixtures when such liquids are stored for maintenance, painting or similar purposes. The
storage of propane or other fuels which provide energy to heat a residence is also excluded from this
limitation, when such storage is in tanks directly connected to the residence for consumption or when the
quantity is limited to a reasonable reserve for personal use which is stored in an approved manner.
(ii) Agricultural, Commercial and Industrial Zones. Storage shall be limited to the following
quantities on any single building site, unless greater quantities are authorized through conditional use
permit approval:
Type of Storage
Type of Liquid Above Ground Underground
Combustible 1,000 gallons Unlimited
Flammable 1,000 gallons 20,000 gallons
(2) Setbacks. Aboveground storage facilities for flammable or combustible liquids shall be set back
a minimum of fifty (50) feet from any property line and from any residential use on the same property.
(3) Additional Standards.
(i) All storage of bulk flammable liquids shall be underground; except as specified by subsection
(d)(1)(i) of this section; except where a refining or similar industrial use has been allowed in the CPK, IP
or I Zone; and except, where an automobile service station or other approved vendor of flammable liquids
stores such liquids for sale in approved quantities and containers.
(ii) All aboveground storage of flammable and combustible liquids shall be within types of
containers approved by the Fire Department.
(iii) Access, circulation and emergency fire equipment requirements of the Fire Department shall be
provided or installed within thirty (30) days where such need has been identified and posted by the Fire
Department.
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(f) Recreational Vehicles in Residential Zones. The storage of recreational vehicles or dependent
trailers or RV equipment (camper shells, etc.), airplanes, and boats is permitted as an accessory use in the
RSF, LSF, RMF, RS, or A Zones as follows (the storage of recreational vehicles in other zones is subject
to Section 9-6.183; the storage of mobile homes is subject to Section 9-6.142(c)):
(1) Location of Storage. Recreational vehicles are not to be stored in the required front setback
area.
(2) Use. Recreational vehicles are not to be used for living, sleeping or housekeeping purposes
except as provided by Section 9-6.176.
(g) Scrap and Junk. The outdoor storage of scrap, junk and miscellaneous articles and materials
accessory to another use is limited to a maximum area of two hundred (200) square feet, with a maximum
height of five (5) feet except that entirely within a six (6) foot high solid wood or masonry fence or within
a building. the outdoor storage of scrap, junk and miscellaneous articles and materials accessory to
another use may be allowed up to one thousand (1,000) square feet when completely screened from
neighboring properties and from the public right-of-way. Such storage shall be located only where it is
within the buildable area of the lot. The storage of scrap and junk as a principal use is subject to the
standards of Section 9-6.131.
(h) Cargo Containers. Cargo containers (also referred to as “Seatrains” or shipping containers) are
defined as a prefabricated metal structure designed for use as an enclosed truck trailer in accordance with
Department of Transportation (DOT) standards. This does not include architecturally modified cargo
containers used as a building material. The use of cargo containers for accessory storage purposes is
permitted based on the following standards:
(1) Use of Cargo Containers.
(i) Cargo containers shall be utilized for accessory storage only. Occupancy shall be limited to a
“U” occupancy consistent with the California Building Code (CBC) or its successor title.
(ii) Cargo containers shall not be used for permanent or temporary human occupancies, including,
but not limited to, living, sleeping or other residential uses.
(2) Number of Cargo Containers Permitted.
(i) One (1) cargo container may be permitted on a commercial, industrial or single-family
residential lot over one (1) gross acre in size, subject to Design Review Committee (DRC) review for
neighborhood compatibility and approval of a building permit.
(ii) Two (2) or more cargo containers may be permitted with a minor conditional use permit (CUP)
on a commercial, industrial, or single-family residential lot over one (1) gross acre in size, subject to
Planning Commission review for neighborhood compatibility and approval of a building permit.
(3) Standards for Cargo Containers.
(i) Building Permit. A building permit is required for cargo containers over one hundred twenty
(120) square feet in size. A cargo container which is one hundred twenty (120) square feet or less, is
exempt from building permit requirements provided it meets property line and structure setbacks required
by this title and does not have any utility connections.
(ii) Setbacks. Cargo containers shall be located in the rear half of the property in commercial,
industrial and residential zones. Cargo containers shall not be permitted within the front or street facing
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side yard setback of a residential property. Setbacks shall be consistent with underlying zone setback
requirements and is consistent with the preceding subsections (1) and (2).
(iii) Foundation. Cargo containers shall be anchored on a foundation system capable of
withstanding all imposed vertical and horizontal loads and consistent with all applicable codes. Any
alterations to the container shall be designed and detailed by a licensed design professional. All
foundations and alterations shall be approved by the Chief Building Official.
(iv) The cargo container may not occupy any required parking areas or obstruct any Fire
Department access ways.
(4) Exemptions.
(i) Use of cargo containers for temporary on-site storage associated with a construction project is
exempt from this section (refer to subsection (b)).
(ii) Use of cargo containers for temporary commercial storage may be allowed with the approval
of an administrative use permit for a period not to exceed four (4) months.
9-6.105 Home occupations.
An accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or
sale of goods or services is subject to the standards of this section.
(a) Appearance, Visibility and Location. The standards of this section determine what physical
changes may occur in a dwelling unit to accommodate a home occupation and where on a residential site
a home occupation may be conducted.
(1) Changes to the Dwelling. The home occupation is not to change the residential character of the
outside appearance of the building, either:
(i) By the use of colors, materials, lighting, signs or by the construction of accessory structures or
garages visible from off-site and not of similar character as the residence; or
(ii) By the emission of noise, glare, flashing lights, vibrations or odors not commonly experienced
in residential areas.
(2) Display of Products. The display of home occupation products for sale, in a manner visible
from the public street or adjoining properties, is prohibited.
(3) Outdoor Activities. On sites of less than one (1) acre, the use shall be conducted entirely within
a principal or accessory structure except instructional activities that may be performed outdoors. Outdoor
storage of materials related to the home occupation is allowed only on parcels one (1) acre or larger
(except as otherwise provided by Section 9-6.103), where such storage is to be screened from view of any
street or adjacent property.
(4) Use of Garage or Accessory Structure. The use of a garage or accessory structure is allowed
subject to Section 9-6.106, except that the conduct of the home occupation shall not preclude the use of
the garage for vehicle parking unless any required replacement parking can be accommodated on-site.
(b) Area Devoted to a Home Occupation. The home occupation shall be incidental and subordinate
to the principal use of the site as a residence.
(c) Employees. No person other than members of the household residing on the premises may be
employed and working on the site, except that employees, including independent contractors, partners,
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and similar employee-type relationships, may be permitted through administrative use permit approval
(refer to Section 9-1.112) as follows:
(1) The number of employees shall be unlimited, if the following criteria can be complied with:
(i) The employees do not work at or report to the site of the home occupation during, or
immediately before or after, the normal operating hours of the business.
(ii) No additional vehicles, equipment, or outside storage shall occur at the residence as a result of
the increased number of employees.
(2) A maximum of two (2) employees, if the following criteria can be complied with:
(i) No additional client vehicles are generated to the premises as a result of the increased number
of employees.
(ii) The function of the employees in working on the site is to provide direct service to the
employee employer rather than to the clients of the business.
(iii) It is necessary for the operation of the business to have the employees working at the site of the
home occupation.
(iv) Any additional vehicles, equipment, or outside storage can be maintained on the site in
compliance with subsection (a) of this section.
(v) The allowance of employees will not have any adverse effect on the surrounding residential
area.
(d) Hours of Operation. Hours of operation are unrestricted except that home occupations which
generate sounds audible from off-site shall be limited to the hours from 7:00 a.m. to 7:00 p.m., provided
that such home occupation complies with the standards of Chapter 9-14.
(e) Limits on the Kinds of Home Occupations Allowable. Subject to all of the standards of this
section, allowable home occupations consist of:
(1) Office-type personal or business services (including personal instruction such as music lessons
or contracting services not involving on-site storage of materials or equipment) that do not involve the
presence of more than one (1) client vehicle at any one (1) time;
(2) Handcraft or artwork production, including but not limited to pottery and ceramics, artistic
glass or metalwork, electronic components, woodcarving and woodworking (except for mass-production
operations such as cabinet shops), antique furniture restoration, painting and photography, except when
such use involves on-site use of equipment requiring more than standard household electrical current at
one hundred ten (110) or two hundred twenty (220) volts or that produces noise (refer to Chapter 9-14),
dust, odor or vibration detrimental to occupants of adjoining dwellings.
(3) The personal sale of cosmetics, personal or household products (except appliances), or other
goods or products; when such sales occur on the premises of the purchaser, provided that wholesale sales
may occur pursuant to subsection (f) of this section, or occur off the premises in some other approved
location.
(4) Small-scale agricultural accessory uses and horticultural specialties.
(f) Sale of Products. On-site retail sales of the products of a home occupation are prohibited,
except:
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(1) Garage sales or the sale of handcrafted items and artwork produced on-site are allowed not
more than twice per year, for a maximum of two (2) days per sale; and
(2) Home distributors of cosmetics and personal or household products may supply other approved
home occupation proprietors.
(3) Agricultural produce stands are permitted consistent with section 9-6.117
(g) Signing. One (1) identification sign with a maximum area of two (2) square feet may be erected
pursuant to Chapter 9-15. A commercial vehicle carrying any sign identifying the home occupation and
parked on or adjacent to the residential site visible from the public street is included in determining the
maximum allowable area of on-site fixed signs.
(h) Parking and Traffic. Traffic generated by a home occupation is not to exceed the volume
normally expected for a residence in a residential neighborhood. All parking needs of the home
occupation are to be met off the street. For purposes of this section, normal residential traffic volume
means up to ten (10) trips per day. This subsection does not apply to garage or handcraft sales pursuant to
subsection (f)(1) of this section.
9-6.106 Residential accessory uses.
The standards of this section apply to the specific types of residential accessory uses and structures
as listed. Standards for agricultural accessory structures are subject to section 9-6.109. Agricultural
accessory structures for the keeping of animals are subject to Section 9-6.109112.
(a) Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment, may be
located within any required side or rear setback, provided that they are no closer than eighteen (18) inches
to a property line (additional setbacks may be required by the adopted building code), and provided that
they are fenced as required by Section 9-4.128.
(b) Detached Accessory Structures. Any detached accessory structure intended for residential
accessory uses and accessory storage.
(1) Limits on Use. An accessory structure may be constructed or used solely for noncommercial
hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors such as
painting, photography or sculpture; for maintenance or mechanical work on vehicles owned or operated
by the occupants; for an approved home occupation; or for other similar purposes.
(2) Floor Area. The gross floor area of a detached accessory structure is not to exceed one hundred
percent (100%) of the gross floor area of the principle structure, up to 3,000 square feet.
(i) The floor area may be increased by approval of an administrative use permit (Section 9-
1.112) to allow additional floor area over the specified limits, when consistent with the appearance and
design criteria in section 9-6.106 (3) and when additional findings can be made to support an increased
size.
(3) Appearance and Design. An accessory structure that exceeds fifty percent (50%) of the gross
floor area of the principle structure shall adhere to the following criteria:
(i) Accessory structure shall not be located between the primary structure and the public roadway
(ii) Accessory structure shall be compatible with the pattern of development in the neighborhood
(there are similar structures on adjacent properties, and properties are of a size, nature and
topography so as to not create a significant aesthetic impact)
(iii) Accessory structure is compatible or complementary with the architectural style of the primary
structure.
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(iv) The floor area of the accessory structure is equal or lesser than the floor area of the primary
structure
(v) The accessory structure is located on a conforming lot.
(vi) The accessory structure can be built to avoid substantial grading and the removal of significant
native trees
(vii) The accessory structure does not block sunlight for adjacent properties, alter site distance for
roads or driveways, nor substantially alter the visual quality of the property.
(34) Residential accessory structures one hundred twenty (120) square feet or less are exempt from
requiring a permit if the structure is incidental to the primary use and meets the following requirements:
(i) The structure does not create a nuisance;
(ii) The use of the structure is permitted under its zoning;
(iii) The structure meets the property’s rear and side yard minimum setback requirement of three
(3) feet if the structure is less than twelve (12) feet in height;
(iv) If the structure is more than twelve (12) feet in height, standard setback shall be required
regardless of exemption;
(v) The accessory structure is located outside of the required front yard setback;
(vi) A minimum (5) foot setback is required between structures. If structures are abutting, the
aggregate area of the buildings shall be considered one (1) building and shall require a building permit.
(vii) Hoop structures/greenhouses: Limited to two (2) per residential property. Additional structures
may be approved with DRC approval.
(45) Number of Structures. The number of non-exempt accessory structures requiring a building
permit shall be limited to two (2) structures.
(c) Mini-bike, motorcycle, dirt bike or similar two (2) or more wheel motor vehicle riding is
allowed subject to the following limitations:
(1) No more than two (2) such vehicles shall be operating at the same time.
(2) Operation is limited to a maximum of two (2) hours in a day—Limit applies even if only one
(1) such vehicle is being operated.
(3) Operation is limited to a maximum of eight (8) hours in a week:
(i) This limit applies even if only one (1) such vehicle is operated;
(ii) A week shall be measured from Monday through Sunday.
(4) Notwithstanding the above, no such use shall be allowed prior to noon on Sundays.
(56) Any violations to the above-mentioned limitations are subject to cost recovery for responses
to disturbances, as listed in Section 9-14.14.
(d) Exceptions to Accessory Structure Standards.
(1) Detached accessory structures that deviate from requirements are subject to the approval of a
minor conditional use permit.
(2) Any detached accessory structure in excess of the two (2) structures permitted or when multiple
exempt accessory structures (less than one hundred twenty (120) square feet) are constructed on the
premises that are no longer accessory uses to the primary unit as determined by the Community
Development Director is subject to the approval of a minor conditional use permit.
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(e) Agricultural accessory uses. This subsection applies to small-scale agricultural uses that are
incidental to a primary use in residential zoning districts.
(1) Hobby crop production and processing. Incidental crop production and small-scale processing is
permitted subordinate to the residential use of the property. Any accessory structures used for this purpose
must comply with accessory structure standards of this section.
(i) Agriculture intended for commercial use must also comply with Home Occupations standards as
listed in Section 9-6.105.
(2) Produce stands are permitted in compliance with Section 9-6.117.
(3) Farm Animal Raising is permitted in compliance with Section 9-6.112.
9-6.112 Farm animal raising.
The raising or keeping of farm animals incidental to a residential use is allowed subject to the
standards of this section, provided that these standards do not apply to domesticated household pets such
as cats and dogs, which are governed under section 4-1.119.
(a) Minimum Site Area. The minimum site area of a parcel used for farm animal raising shall be as
specified in this subsection, unless a smaller site area is allowed as set forth in subsection (h) of this
section. Adjacent parcels may be used to achieve the minimum site area by administrative use permit
approval (Section 9-1.112) provided that there is a written agreement with the owner of the adjacent
parcel(s); that said adjacent property is accessible for use by the animals for corrals, pens, pasturing or
similar activity; that said adjacent property is not necessary to comply with minimum site area or animal
density requirements for animals on its own site; and that any such adjustment shall only be valid for the
duration of the agreement.
(1) Large Animals.
(i) Horses, burros, donkeys, and similar equines: One (1) acre.
(ii) Cows, steer, and similar bovines: One (1) acre.
(iii) Pigs and swine: One (1) acre.
(2) Small Animals.
(i) Goats, sheep and similar ovines: One-half (1/2) acre.
(ii) Poultry (and similar ground birds): None.
(iii) Rabbits (and other non-carnivorous animals of similar size): None.
(iv) Turkeys: One-half (1/2) acre.
(v) Birds (including pigeons and other caged birds): None.
(b) Setbacks. All buildings used to house farm animals including livestock and poultry buildings,
barns, stables, lofts, coops, and similar accessory structures are subject to the setback requirements of
Section 9-6.109. All other animal enclosures including corrals, pens, feed areas, paddocks, uncovered
stables and similar enclosures are subject to the setback requirements of this subsection. The occasional
grazing of domestic animals in these setbacks is allowed provided that the pasture area is adequately
fenced or that the grazing animal is securely restrained. Setbacks shall be measured from the nearest
building used for residential purposes on adjacent property. Animals may be maintained at lesser setbacks
when they were established prior to the residence on the adjacent property provided that the animals are
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continuously in compliance with subsection (c) of this section. If the animals are not so maintained, they
may be required to comply with these setbacks.
(1) Large Animals.
(i) Equines: Fifty (50) feet.
(ii) Bovines: Fifty (50) feet.
(iii) Swine: One hundred (100) feet.
(2) Small Animals.
(i) Ovines: Fifty (50) feet.
(ii) Poultry: Twenty-five (25) feet.
(iii) Rabbits: Twenty-five (25) feet.
(iv) Turkeys: Fifty (50) feet.
(v) Birds: None.
(c) Maintenance. All buildings housing domestic animals, all animal enclosures, and all pasture
areas shall be maintained free from litter, garbage and the accumulation of manure. Premises shall be
maintained in a neat and sanitary manner. If farm animals are not maintained in compliance with these
standards, or are otherwise allowed to become a nuisance, the Planning Department shall initiate
enforcement proceedings as provided by Chapter 9-8.
(d) Special Requirements. The keeping of specific domestic animals is subject to the special
standards in this subsection in addition to other standards set forth in this section.
(1) Equines. None.
(2) Bovines. None.
(3) Swine. The maximum number of swine allowed on any parcel is three (3) sows and one (1)
boar regardless of animal equivalency units. A greater number of swine constitute a hog ranch which is
not permitted in any zoning district.
(4) Ovine. None.
(5) Poultry. All poultry shall be contained in coops or pens and not be allowed to run free on a site.
The maximum number of poultry allowed on any parcel is forty (40) (two (2)regardless of animal
equivalency units). A greater number of poultry constitute a chicken ranch and shall be subject to Section
9-6.115 if allowed by a particular zoning district.
(6) Rabbits. All rabbits shall be contained in coops or pens and not be allowed to run free on a site.
The maximum number of rabbits allowed on any parcel is forty (40) regardless of (two (2) animal
equivalency units). A greater number of rabbits constitute a rabbit farm and shall be subject to Section 9-
6.115 if allowed by a particular zoning district.
(7) Turkeys. All turkeys shall be contained in coops or pens and not be allowed to run free on a
site. The maximum number of turkeys allowed on any parcel is eight (8) (four (4) regardless of animal
equivalency units).
(8) Birds. None.
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(e) Establishment of Animal Equivalency Units. Animal equivalency units are established in this
subsection in order to define relationships among domestic animals of various sizes for use in determining
allowable animal density.
(1) Large Animals.
(i) Equines: Each equine equals one (1) animal equivalency unit.
(ii) Bovines: Each bovine equals one (1) animal equivalency unit.
(iii) Swine: Each swine equals one (1) animal equivalency unit.
(2) Small Animals.
(i) Ovine: Two (2) ovine equal one (1) animal equivalency unit.
(ii) Twenty (20) poultry equal one (1) animal equivalency unit.
(iii) Rabbits: Twenty (20) rabbits equal one (1) animal equivalency unit.
(iv) Turkeys: Two (2) turkeys equal one (1) animal equivalency unit.
(v) Birds: Not applicable.
(f) Allowable Animal Density. The maximum allowable animal density for a site is established by
this subsection, unless a larger number is allowed as set forth in subsection (h) of this section.
(1) A Zone. No density limitations.
(2) RS Zone. Three (3) animal equivalency units per acre, provided that, for the first two (2) acres,
no more than one (1) large animal shall be allowed for each full one-half (1/2) acre.
(3) RSF Zone. Two (2) animal equivalency units per acre, provided that no more than one (1) large
animal shall be allowed for each full one-half (1/2) acre.
(g) Method of Calculating Animal Density. The method of calculating animal density is
established by this subsection. The lot size (in gross acres) is multiplied by the allowable animal density
(in animal equivalency units per acre) for the particular zoning district. The product is the maximum
number of animal equivalency units allowed on the site. As an example, a 1.9 acre parcel in the RS Zone
would allow 5.7 animal equivalency units which can be rounded off to six (6) as provided by Section 9-
1.109(b)(4). This would allow two (2) equivalency units for large animals and four (4) equivalency units
for small animals.
(1) Birds. Birds shall not be restricted as to density and shall not affect the allowable animal
density on a parcel.
(2) Fraction of an Equivalency Unit. Since rounding off to whole numbers is provided for (Section
9-1.109), there will be no fractional equivalency units. Small animal equivalency units may not be divided
between the various small animal subcategories. For example, ten (10) rabbits does not equal one-half
(1/2) animal equivalency units and ten (10) rabbits and ten (10) poultry do not add together as one (1)
animal equivalency unit.
(3) Unweaned Offsprings. Unweaned offsprings are permitted and shall not affect the allowable
animal density on a parcel.
(h) Modification of Certain Standards. The minimum site area and allowable animal density
standards set forth in this section may be adjusted subject to compliance with the criteria set forth in this
section, except that these standards may also be modified through conditional use permit approval (refer
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to Section 9-2.110) if these criteria cannot be satisfied. The setback, maintenance and special
requirements standards may not be modified by conditional use permit.
(1) Youth Projects. An adjustment not to exceed one (1) additional animal equivalency unit per
acre or an adjustment to reduce the minimum site area by no more than twenty-five (25) percent may be
granted for a youth project sponsored by a recognized organization, subject to the following criteria:
(i) The project is for a limited duration with a known termination date at which time the project
animal will be removed from the site and the site brought into conformance with all applicable standards;
and
(ii) There is an adult project supervisor who has reviewed and approved, in writing, the project and
who can take corrective action if necessary regarding the project; and
(iii) All other standards of the section including setbacks, maintenance and special standards
applicable to the project are and will be continuously satisfied; and
(iv) The site otherwise conforms to the standards set forth in the section; and
(v) All animals maintained on the site are owned by the residents of the premises; and
(vi) The youth involved in the project has demonstrated in prior adjustments, if applicable, the
responsibility to maintain the project in a satisfactory manner.
(2) Small-Scale Breeding. An adjustment not to exceed one (1) animal equivalency unit for each of
the first two (2) acres and two (2) animal equivalency units for each remaining acre may be granted for
small-scale breeding for commercial purposes which does not exceed the special standards of subsection
(d) of this section, subject to the following criteria:
(i) The site is located outside the urban services line; and
(ii) The site contains a minimum of three (3) acres; and
(iii) Secure enclosures are provided for any stud animals; and
(iv) Setbacks for any agricultural accessory buildings and animal enclosures are one hundred (100)
feet from adjacent property lines; and
(v) A business license and home occupation permit (Section 9-6.105) can be secured.
(i) Other Animals. Domestic animals not specified in this section shall be reviewed by the
Planning Director and shall be placed in the category which the animals most closely resemble.
(j) The grazing of animals is permitted when an individual property adheres to the density
regulations of this section and may occur regardless of establishment of a primary use.
9-6.113 Interim agricultural uses(Reserved).
This section applies to crop production and grazing activities when located within the urban services
line. This section does not apply to the keeping of animals for personal use, which is included under
Section 9-6.112.
(a) Crop Production. The continuance or establishment of crop production activities on land within
the urban services line is not limited by this title.
(b) Grazing. Grazing operations shall not be established within the urban service line after the
effective date of this title, except in an agriculture zone or a residential suburban zone where such
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operations are in conformity with the provisions of Section 9-6.112 or are located on sites of twenty (20)
acres or larger.
9-9.102 General Definitions.
Amend the definition of Agricultural Accessory Uses in AMC 9-9.102 as follows:
Lot, corner: side and front. A corner lot is located immediately adjacent to the intersection of two
(2) public vehicular rights-of-way, including railroads. The narrowest frontage of a corner lot facing the
street is the front and the longest frontage facing the intersecting street is side, regardless of the direction
in which the dwelling faces (see Figure 9-D).
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