Loading...
HomeMy WebLinkAboutCC_2023_11_14_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA HYBRID MEETING INFORMATION: The City Council meeting will be available via teleconference for those who wish to participate remotely. The City Council meeting will also be held in the City Council Chambers and in-person attendance will be available at that location. HOW TO OBSERVE THE MEETING REMOTELY: To participate remotely, residents can livestream the meeting on Zoom, SLO-SPAN.org, on Spectrum cable Channel 20 in Atascadero, and listen live 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 and on the City’s YouTube Channel. To participate remotely using the Zoom platform please visit: https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA HOW TO SUBMIT PUBLIC COMMENT: Public comment may be provided in-person or remotely. Call (669) 900-6833 (Meeting ID: 889 2347 9018) to listen and provide public comment via phone or via the Zoom platform using the link above. Written public comments are accepted at cityclerk@atascadero.org. Comments should identify the Agenda Item Number in the subject line of the email. Such comments will be forwarded to the City Council and made a part of the administrative record. To ensure distribution to the City Council before consideration of an item, please submit comments not later than 12:00 p.m. the day of the meeting. All correspondence will be distributed to the City Council, posted on the City’s website, and be made part of the official public record of the meeting. Please note, comments will not be read into the record. Please be aware that communications sent to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under applicable law. Communications will not be edited for redactions and will be printed/posted as submitted. AMERICAN DISABILITY ACT ACCOMMODATIONS: 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. DISCLOSURE OF CAMPAIGN CONTRIBUTIONS: Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration. City Council agendas and minutes may be viewed on the City's website: www.atascadero.org/agendas 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 made a part of 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 48 CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, November 14, 2023 City Hall Council Chambers, Fourth Floor 6500 Palma Avenue, Atascadero, California REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Funk ROLL CALL: Mayor Moreno Mayor Pro Tem Funk Council Member Bourbeau Council Member Dariz Council Member Newsom ADDITIONS, DELETIONS, AND APPROVAL OF AGENDA: Roll Call Recommendation: Council: 1. Add or remove items, and then approve this agenda. 2. Waive the reading in full of all ordinances appearing on this agenda; 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. 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.) City Council Regular Session: 6:00 P.M. City Council Closed Session: Immediately following conclusion of the City Council Regular Session Page 2 of 48 1. City Council Draft Minutes – October 24, 2023 ▪ Recommendation: Council approve the October 24, 2023, Draft City Council Regular Meeting Minutes. [City Clerk] 2. Lift Station No. 13 and Force Main Replacement Project Construction Award ▪ Fiscal Impact: $TBD ▪ CEQA Determination: The recommended action would not result in a potential direct or reasonably indirect physical change in the environment and, accordingly, does not qualify as a “project” under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) or CEQA Guidelines (14 Cal. Code Regs. §§ 15000, et seq.; see CEQA Guidelines §§ 15061(b)(3) and 15378). Even if the award of contract were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use; or a minor alteration in land use limitations (see, CEQA Guidelines §§ 15301, 15305). ▪ Recommendation: Council: 1. Award, and authorize the City Manager to execute, a construction contract for $5,859,340 to Hartzell General Engineering Contractor, Inc. for the Lift Station No. 13 and Force Main Replacement Project (Project No. C2020W02). 2. Award, and authorize the City Manager to execute, a professional services contract for $585,668 with Filippin Engineering, Inc. for construction management and materials testing services for the Lift Station No. 13 and Force Main Replacement Project. 3. Approve the procurement of three (3) new submersible sewage pumps for the Lift Station No. 13 and Force Main Replacement Project for $175,000 with Gierlich Mitchell. 4. Authorize the Director of Administrative Services to allocate an additional $500,000 in in Road Repair and Accountability Act Funds to the Traffic Way Pavement Rehabilitation (North) project work being constructed with the Lift Station No. 13 and Force Main Replacement Project. 5. Take such additional, related, action that may be desirable. 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. Comments will be allowed for the entire 30-minute period so if the final speaker has finished before the 30 minute period has ended and a member of the public wishes to make a comment after the Council has commenced another item, the member should alert the Clerk within the 30 minute period of their desire to make a comment and the Council will take up that comment upon completion of the item which was commenced. 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 3 of 48 B. PUBLIC HEARINGS: 1. Ordinance Amending the Definitions of “Hotels” and “Motels” in Title 9 of the Atascadero Municipal Code ▪ Fiscal Impact: None. ▪ CEQA Determination: The proposed Ordinance is exempt from further environmental review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, 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 (CEQA § 21065; CEQA Guidelines §§ 15378(b)(5), 15061(b)(3). ▪ Recommendation: Council: 1. Introduce and waive first reading of Draft Ordinance entitled: “An Ordinance Amending the Definitions of ‘Hotels’ and ‘Motels’ in Title 9 of the Atascadero Municipal Code, Entitled Planning & Zoning”. 2. Take such additional, related, action that may be desirable. 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 Funk 1. Atascadero Basin Ground Water Sustainability Agency (GSA) 2. Design Review Committee 3. Homeless Services Oversight Council 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. Community Action Partnership of San Luis Obispo (CAPSLO) 4. Design Review Committee 5. Visit SLO CAL Advisory Committee Council Member Newsom 1. City of Atascadero Finance Committee 2. City / Schools Committee 3. League of California Cities – Council Liaison Page 4 of 48 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 F. RECESS TO CLOSED SESSION FOLLOWING CONCLUSION OF CITY COUNCIL REGULAR SESSION CITY COUNCIL CLOSED SESSION: 1. CLOSED SESSION — PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION — CALL TO ORDER a. Conference with Legal Counsel – Existing Litigation Conference with legal counsel pursuant to Government Code Sec. 54956.9(d)(1): 1 case – Estate of Douglas A. Breeze, et al. v. Board of Administration of the California Public Employees’ Retirement System (CalPERS), et al. (filed September 29, 2022) Sacramento Superior Court Case No. 34-2022-80003799. 4. CLOSED SESSION — ADJOURNMENT Announcement(s) of any reportable action(s) taken in Closed Session that occur(s) after the recess of Regular Session will be made at the beginning of the next Regular City Council meeting as Closed Session is not recorded or videotaped. Page 5 of 48 ITEM NUMBER: A-1 DATE: 11/14/23 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, October 24, 2023 City Hall Council Chambers, Fourth Floor 6500 Palma Avenue, Atascadero, California REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor Moreno called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Council Members Bourbeau, Dariz, Newsom, Mayor Pro Tem Funk, and Mayor Moreno Absent: None Others Present: None Staff Present: City Manager Jim Lewis, Administrative Services Director Jeri Rangel, Community Development Director Phil Dunsmore, Fire Chief Casey Bryson, Interim Police Chief Joe Allen, Public Works Director Nick DeBar, Interim City Attorney Karl Berger, Deputy City Manager/City Clerk Lara Christensen, Deputy City Manager – IT Luke Knight. APPROVAL OF AGENDA: MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem Funk 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. US 101 North San Luis Obispo County Comprehensive Multimodal Corridor Plan Kendall Flint, of DKS Associates, gave a brief presentation on the US 101 North San Luis Obispo County Comprehensive Multimodal Corridor Plan. City Council Regular Session: 6:00 P.M. Page 6 of 48 ITEM NUMBER: A-1 DATE: 11/14/23 A. CONSENT CALENDAR: 1. City Council Draft Minutes – October 10, 2023 ▪ Recommendation: Council approve the October 10, 2023, Draft City Council Regular Meeting Minutes. [City Clerk] 2. September 2023 Accounts Payable and Payroll ▪ Fiscal Impact: $4,341,192.99. ▪ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for September 2023. [Administrative Services] 3. 2023 & 2024 Measure F-14 Pavement Rehabilitation Projects ▪ Fiscal Impact: Approving staff’s recommendations in this report will result in estimated expenditures of $385,780 from Sales Tax Measure F-14 Funds for the design phase of the 2024 F-14 Project, and $150,000 in Sales Tax Measure F-14 Funds to the 2023 F-14 Project for road work on Via Avenue and Ensenada Avenue. ▪ CEQA Determination: The recommended action would not result in a potential direct or reasonably indirect physical change in the environment and, accordingly, does not qualify as a “project” under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) or CEQA Guidelines (14 Cal. Code Regs. §§ 15000, et seq.; see 14 Cal. Code Regs. §§ 15061(b)(3) and 15378). Even if the award of contract were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use; or a minor alteration in land use limitations (see CEQA Guidelines §§ 15301, 15305). ▪ Recommendation: Council: 1. Award a professional services agreement with Rick Engineering Company for $385,780 to provide design engineering and prepare bidding documents for the 2024 Measure F-14 Pavement Rehabilitation Project (Project No. C2023R01). 2. Adopt Draft Resolution approving a Change Order to the 2023 Measure F- 14 Pavement Rehabilitation Project with Souza Construction to include pavement rehabilitation construction for Via Avenue (from Traffic Way to Ensenada Avenue/Via Avenue Bridge) and Ensenada Avenue (from Via Avenue Bridge to Capistrano Avenue). 3. Authorize the Administrative Services Director to reallocate $150,000 in fiscal year 2023-2024 Sales Tax Measure F-14 Funds from the 2024 Measure F-14 Pavement Rehabilitation Project to the 2023 Measure F-14 Pavement Rehabilitation Project for road work on Via Avenue and Ensenada Avenue. 4. Take such additional, related, action that may be desirable. [Public Works] 4. Annual Military Equipment Report Pursuant to Assembly Bill 481 ▪ Fiscal Impact: None. ▪ Recommendation: Council receive and file the annual Military Equipment Report pursuant to the requirements of Assembly Bill 481; and take such additional, related, action that may be desirable. [Police Department] 5. Professional Services Agreement for Wastewater Collection System Master Plan Update ▪ Fiscal Impact: $185,400. Page 7 of 48 ITEM NUMBER: A-1 DATE: 11/14/23 ▪ Recommendation: Council award a professional services agreement with Carollo Engineers, Inc. for $185,400 to provide engineering services and prepare the 2024 Wastewater Collection System Master Plan Update (Project No. C2023W01); and take such additional, related, action that may be desirable. [Public Works] 7. Police Patrol Vehicles Purchase ▪ Fiscal Impact: $421,500. ▪ Recommendation: Council: 1. Ratify the purchase of six Dodge Durango replacement patrol vehicles from John Jones Auto Group in the amount of $297,720. 2. Authorize the expenditure of $123,660 for the associated upfitting of these patrol vehicles from Northern California Emergency Vehicle Installations. 3. Take such additional, related, action that may be desirable. [Police Department] Item #A-6 was removed from the Consent Calendar by Mayor Moreno for separate discussion and vote. MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem Funk to approve Consent Calendar Items #A-1 through #A-5 and #A- 7. (#A-3: Contract No. 2023-035 and Resolution No. 2023-072) (#A-5: Contract No. 2023-036) (#A-7: Contract No. 2023-037) Motion passed 5:0 by a roll-call vote. 6. Authorization to Repair Various Roads Damaged in the 2023 Winter Storms ▪ Fiscal Impact: $250,000. ▪ CEQA Determination: The recommended action would not result in a potential direct or reasonably indirect physical change in the environment and, accordingly, does not qualify as a “project” under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) or CEQA Guidelines (14 Cal. Code Regs. §§ 15000, et seq.; see 14 Cal. Code Regs. §§ 15061(b)(3) and 15378). Even if the award of contract were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use; or a minor alteration in land use limitations (see CEQA Guidelines §§ 15301, 15305). ▪ Recommendation: Council authorize the Administrative Services Director to allocate $250,000 in Local Transportation Funds to repair various roads that were damaged during the 2023 winter storms; and take such additional, related, action that may be desirable. [Public Works] Mayor Moreno requested clarification on the project and to highlight that roadway work will include a portion of Del Rio Road. City Manager Lewis briefed the Council on the project and answered questions from the Council. PUBLIC COMMENT: The following persons spoke on this item: None Mayor Moreno closed the Public Comment period. Page 8 of 48 ITEM NUMBER: A-1 DATE: 11/14/23 MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem Funk to authorize the Administrative Services Director to allocate $250,000 in Capital Project Funds to repair various roads that were damaged during the 2023 winter storms; and take such additional, related, action that may be desirable. Motion passed 5:0 by a roll-call vote. UPDATES FROM THE CITY MANAGER: City Manager Lewis gave an update on projects and events within the City. COMMUNITY FORUM: The following persons spoke in-person by telephone or through the webinar: Geoff Auslen, Suzy and Doug Reynolds, and Devon Haggie Mayor Moreno closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: None. D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: The following Council Members gave brief update reports on their committees since their last Council meeting: Mayor Moreno 1. County Mayors Round Table 2. SLO Council of Governments (SLOCOG) Mayor Pro Tem Funk 1. Homeless Services Oversight Council Council Member Bourbeau 1. Integrated Waste Management Authority (IWMA) Council Member Newsom 1. City / Schools Committee E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council a. Mayor Moreno will request Council to direct staff to draft, and authorize the Mayor and City Manager to sign, a letter supporting the El Camino Homeless Organization’s (ECHO) funding request, from the County of San Luis Obispo, for the expansion of operations at their Paso Robles facility. Mayor Moreno briefed the City Council on ECHO’s funding request, from the County of San Luis Obispo, for the expansion of operations at their Paso Robles facility. She noted a second request from ECHO for a letter of support for ECHO’s annual request through the County of San Luis Obispo’s 2024 Action Plan Notice of Funding Availability (NOFA). Mayor Page 9 of 48 ITEM NUMBER: A-1 DATE: 11/14/23 Moreno also reported a request from Alan Hancock College to submit a letter in support of their application for a four-year bachelor’s degree program. There was Council consensus to direct staff to draft, and authorize the Mayor and City Manager to sign, letters in support of ECHO’s funding requests and letters to support Alan Hancock and Cuesta Colleges four-year baccalaureate degree program applications. F. ADJOURN Mayor Moreno adjourned the meeting at 6:51 p.m. MINUTES PREPARED BY: ______________________________________ Lara K. Christensen City Clerk APPROVED: Page 10 of 48 ITEM NUMBER: A-2 DATE: 11/14/23 Atascadero City Council Staff Report – Public Works Department Lift Station No. 13 and Force Main Replacement Project Construction Award RECOMMENDATIONS: Council: 1. Award, and authorize the City Manager to execute, a construction contract for $5,859,340 to Hartzell General Engineering Contractor, Inc. for the Lift Station No. 13 and Force Main Replacement Project (Project No. C2020W02). 2. Award, and authorize the City Manager to execute, a professional services contract for $585,668 with Filippin Engineering, Inc. for construction management and materials testing services for the Lift Station No. 13 and Force Main Replacement Project. 3. Approve the procurement of three (3) new submersible sewage pumps for the Lift Station No. 13 and Force Main Replacement Project for $175,000 with Gierlich Mitchell. 4. Authorize the Director of Administrative Services to allocate an additional $500,000 in Road Repair and Accountability Act Funds to the Traffic Way Pavement Rehabilitation (North) project work being constructed with the Lift Station No. 13 and Force Main Replacement Project. 5. Take such additional, related, action that may be desirable. DISCUSSION: Background The City owns and operates a sewer collection system consisting of more than 63 miles of gravity sewer main and trunk lines and 6.8 miles of force mains that convey an average flow of 1.3 million gallons per day (MGD). Additionally, the City owns and operates twelve sewer lift stations. The City’s wastewater collection system serves approximately 5,000 parcels including the majority of high density and business properties within City limits. As part of the Wastewater Collection Systems Master Plan Update, completed in October 2015, multiple portions of the collection system were identified as undersized or hydraulically deficient under existing and/or future peak hour flows. A series of capital improvement projects was developed to upgrade the wastewater collection system to meet these existing and future flow requirements and to reduce ongoing operation and Page 11 of 48 ITEM NUMBER: A-2 DATE: 11/14/23 maintenance expenses. Improvements to Lift Station No. 13 and the associated 2.4 miles of downstream force main were identified as a priority collection system upgrade project. During the development of the City’s Local Area Management Plan (LAMP) further analysis of future development flows was completed within the Lift Station No. 13 sewershed. Lift Station No. 13 receives sewage from all sewered parcels north of San Jacinto Avenue along the El Camino Real corridor and pumps into the longest stretch of force main in the City. While this lift station is not one of the largest lift stations by volume, expected development within this corridor, particularly commercial development such as the properties in the Del Rio Specific Plan, is a driver for upsizing the lift station to meet future flows. Design Analysis The principal project components are as follows: Lift Station No. 13 Replacement Construct new lift station in permanent easement at 5900 Santa Cruz Road (fronting El Camino Real) and dismantle/abandon existing lift station at 957 El Camino Real. Lift Station No. 13 will consist of a new 10-foot diameter concrete wet well (26 feet total depth) with three 60-HP pumps, new gravity main piping to connect to existing sewer on El Camino Real, a dual fuel (propone and natural gas) emergency generator, and a motor control system. All lift station equipment will be fully enclosed within a walled and gated 45x55 foot envelope with access from El Camino Real. Additional project improvements include new concrete driveway approach along El Camino Real, cobble drainage basins, pavement repairs, and abandonment of existing Lift Station No. 13. Force Main Replacement Construct approximately 10,400 feet (2 miles) of 12-inch force main pipe below Santa Cruz Road and Traffic Way; and abandon the existing 12,500 feet of 6-inch sewer force main below El Camino Real and Del Rio Road. Existing force main to be abandoned in- place can be used as conduit for future broadband service. Traffic Way Pavement Rehabilitation - North Reconstruct approximately 1.1 miles of Traffic Way between Carrizo Road and Chico Road. This work listed in the current budget and Capital Improvement Plan under the Traffic Way Pavement Rehabilitation – North Project and was planned to be constructed with the Lift Station No. 13 force main work since a significant portion Traffic Way will be disrupted by force main construction. This segment of Traffic Way will be removed and replaced with a 7-inch-deep lift asphalt pavement section and regraded to allow for improved surface drainage and rideability. While part of this pavement work is directly attributable to the force main project restoration due to impacts from the bore pits and other pavement disruption, a majority of pavement work is attributable solely to roadway grading and pavement rehabilitation. Broadband Conduit (Additive Alternative) An additive alternative bid schedule was included on the bid form to construct approximately 9,000 feet of 3-inch PVC conduit and pull boxes on Santa Cruz Road and Traffic Way between El Camino Real and Chico Road for use with future broadband fiber installation. This item of work is not considered wastewater related, but was Page 12 of 48 ITEM NUMBER: A-2 DATE: 11/14/23 included as a bid alternative since installing the future fiber conduit in a common trench already excavated for sewer force main construction can be very cost effective. However, the low bid contractor has elected to construct the sewer force main by boring, so the project will require almost no open trenching. The bid alternative price to install fiber conduit reflects that the work is an entirely separate operation, and staff believes that if fiber conduit is needed in this area in the future it could be completed more cost-effectively as a separate project. Project Bid Analysis The project was publicly bid starting September 25, 2023 for a minimum of 30 days in accordance with State Contracting Laws and Atascadero Purchasing Policy. A public bid opening occurred on October 26, 2023 and three bid proposals were received for $5,859,340, $6,370,565, and $7,240,429 (for base bid work) with the low bid submitted by Hartzell General Engineering Contractor, Inc. (Hartzell) of Cayucos. The bids were reviewed for accuracy and compliance with project bidding requirements, and the City Engineer has determined that Hartzell is the lowest responsive bidder at $5,859,340. The engineer’s estimate of probable construction costs was $6,442,723. Hartzell’s price for the additive alternative bid to construct dry broadband conduit was $522,406, while the other additive alternative bid prices were $315,245 and $594,462. If Council desires to add this work to the contract, a funding source would need to be identified. Construction Management Analysis Staff issued a Request for Proposals (RFP) in September 2023 to solicit professional services from qualified consultants to provide construction engineering and materials testing services for the Lift Station No. 13 and Force Main Replacement Project. 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 five proposals from qualified consultants including Wallace Group, Filippin Engineering, Cannon Corp., MNS Engineers and Water Systems Consulting. Proposals were individually reviewed and scored by City engineering staff based upon experience with similar projects, responsiveness to City needs, experience of key personnel, and other factors. Of particular importance on this project was the consultant’s experience and ability to manage multiple different elements, including the lift station, directional force main boring, and roadway reconstruction. All proposals were very good to excellent, but staff determined that Filippin Engineering (Filippin) submitted the most qualified proposal. Filippin’s key staff (resident engineer and inspector) live in Atascadero, can respond quickly, and have experience working on similar projects for other public agencies. Additionally, Filippin has proven to be excellent to work with on both the Via Avenue and Santa Lucia Road bridge projects, managing both of these complex projects while keeping them on a tight schedule and budget. Filippin 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 RFP. Filippin’s fee estimate is $585,668. Staff reviewed Filippin’s fee estimate worksheet and believe the fee is reasonable for full-time construction Page 13 of 48 ITEM NUMBER: A-2 DATE: 11/14/23 management, inspection, and materials testing. Typically, full construction engineering services are in the range of 10-15% of construction costs, and Filippin’s fee estimate at the low end of that range. Compensation will be based upon actual hours worked and reimbursable expenses, plus subconsultant fees. Lift Station Pump Purchase Analysis Pursuant to the City Purchasing Policy, Section III, Proprietary Equipment and Goods, purchases larger than $100,000 shall be awarded by City Council and involve a formal product evaluation. Staff is requesting an exception to formal bid/evaluation of this product under Section 3.1 of the purchasing policy, which allows for bypassing of the formal bid process “When there are extenuating circumstances that would make the formal bidding not the most cost-effective approach. This often relates to qualitative, artistic or proprietary software/technological issues.” Staff has evaluated and determined that utilizing standardized submersible sewage pumps at the City’s lift stations is most efficient and cost effective for the following reasons: 1. Ebara is a leader in submersible pump technology. 2. Having a standard for a single pump manufacturer provides efficiency, interchangeability, and increased safety. Staff becomes knowledgeable and familiar with one product line which assists in troubleshooting issues. 3. Quality of product and single point of contact if issues arise, and Ebara Pumps have proven to be reliable and quality products. The City received a quote from the local Ebara pump supplier, Gierlich Mitchell, for $173,598 to supply three (3) 60-HP submersible pumps and associated hardware. The quote also includes start-up and training assistance by the manufacturer. With the inclusion of taxes and shipping fees, the purchase order with Gierlich Mitchell will be for an amount not to exceed $175,000. Summary Staff recommends awarding the construction contract (base bid) for the project to Hartzell General Engineering Contractor, Inc., approving a professional services contract for construction management to Filippin Engineering, and approving the purchase of submersible pumps from Gierlich Mitchell. With Council approval, construction is expected to begin before mid-December and the contractor has 180 working days (approximately 9 months) to complete the project. Typical inconveniences to adjacent properties and the traveling public are expected, but City staff, Hartzell, and Filippin will ensure advance notices are provided. It should be noted that the bid allowed for the contractors to select construction of the force main either by an open trench or trenchless (horizontal directional drilling) method. The low bidder selected the trenchless method which will reduce some of the impacts to the traveling public. CEQA DETERMINATION: The proposed project is Categorically Exempt (Class 2) 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, Page 14 of 48 ITEM NUMBER: A-2 DATE: 11/14/23 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. FISCAL IMPACT: Approving staff recommendations will result in estimated expenditures up to $6,621,500 from Wastewater Funds and $1,300,000 in Local Transportation Funds (SB-1 Gas Tax Fund). There is $7,434,783 in Wastewater Funds and $950,000 in Gas Tax Funds included for this project. The following tables summarize the estimated project expenditures and funding sources: ESTIMATED EXPENDITURES Design and Bid Phase $ 305,000 Property Acquisition (Permanent Easement) 25,000 Construction Contract (Hartzell) 5,859,340 Construction Contingency @ 20% 1,171,492 Construction Management / Inspection / Testing (Filippin) 585,668 City Staff Construction Administration 40,000 Design Engineer Construction Support (MKN) 50,000 Lift Station No. 13 Submersible Pumps (Gierlich Mitchell) 175,000 Lift Station No. 13 Motor Control Center (Tesco Controls, Inc.) 310,500 Survey Monument Perpetuation 40,000 Total Estimated Expenditures: $ 8,562,000 PROPOSED FUNDING SOURCES Wastewater Funds: FY2023-25 Budget $7,434,790 Road Repair and Accountability Act Funds: FY2023-25 Budget 800,000 Road Repair and Accountability Act Funds: Additional Funding 500,000 Total Budgeted Funding Sources: $8,734,790 Wastewater Funds Surplus/(Deficit): $172,790 ALTERNATIVES: 1. Council may direct staff to rebid the project, however, staff believes the low bid received is very reasonable given current construction costs and the bidding environment. In addition, Hartzell’s bid was very competitive, approximately $500,000 less than the second lowest bid, and can be completed with budgeted funds. 2. Council may direct staff to award Bid Alternate No. 1 to install 3” PVC conduit and Pull Boxes along the new force main alignment in Santa Cruz Road and Traffic Way for future broadband service. Staff does not recommend awarding this add alternative, as doing this work under separate contract would be expected to be considerably less costly than the submitted bid amount of $522,406. Page 15 of 48 ITEM NUMBER: A-2 DATE: 11/14/23 3. Council may direct staff to obtain additional product quotes from alternate vendors for the submersible sewage pumps. This alternative is not recommended as this is likely to result in higher costs, ongoing additional costs for wastewater operator training, and potential delay of Lift Station No. 13 project construction. ATTACHMENT: 1. Bid Summary Page 16 of 48 ITEM NUMBER: A-2 DATE: 11/14/23ATTACHMENT: 1 Page 17 of 48 ITEM NUMBER: B-1 DATE: 11/14/23 Atascadero City Council Staff Report – Community Development Department Ordinance Amending the Definitions of “Hotels” and “Motels” in Title 9 of the Atascadero Municipal Code RECOMMENDATIONS: Planning Commission Recommends Council: 1. Introduce and waive first reading of Draft Ordinance entitled: “An Ordinance Amending the Definitions of ‘Hotels’ and ‘Motels’ in Title 9 of the Atascadero Municipal Code, Entitled Planning & Zoning”. 2. Take such additional, related, action that may be desirable. DISCUSSION: Background The City’s current definition for hotels and motels includes a statement that units with kitchens shall be limited to 25% of the total number of lodging units. This provision was originally put in place to discourage the conversion of hotels in commercial districts to long- term residential uses. However, the City has seen recent growth in branded hotels that supply rooms with kitchenettes and a growing trend toward Airbnb rentals. While individually rented Airbnb rooms or units can meet the needs of visitors to our area, many people still feel more comfortable with a branded or known hotelier with locations that are closer to the freeway, local shopping, and entertainment. Branded hotels chains are now designing hotels to compete with the Airbnb model by providing units geared towards an extended stay, with built-in kitchens and roomier lodging quarters. The City has currently received an application from the owner of 3600 El Camino Real, the site of the former Colony Inn, for a new hotel building at the rear of the site adjacent to Highway 101, and a request to allow kitchens in all rooms. This site is being rebranded under the Marriott name with the existing hotel near El Camino Real branded as a Fairfield Inn and a new 120-room hotel building adjacent to the freeway branded as a Residence Inn. The new building was reviewed and endorsed by DRC and is ready to proceed to construction permits. The applicants are requesting this Atascadero Municipal Code (AMC) text amendment to allow kitchens in each room before they finalize their construction plans. The City has received interest from at least two other projects that include branded hotels in support of a greater quantity of built-in kitchens and longer stay amenities. Page 18 of 48 ITEM NUMBER: B-1 DATE: 11/14/23 Applicant Proposed Atascadero Municipal Code Text Amendments The proposed AMC text amendment would modify the definition of hotels and motels to expand allowances for full kitchens in rooms intended for short-term stays. The City currently allows wet bars, microwaves, and refrigerators in hotel rooms, but does not allow permanently installed cooking appliances. The current Atascadero Municipal Code defines hotels and motels as follows: 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 thirty (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. The applicant’s proposal is to delete the last sentence that limits the number of rooms with kitchens. The Planning Commission considered the proposed text amendments at their October 3, 2023, meeting. The Commission recommended that the City Council adopt standards, as discussed below, in addition to modifying the definition to ensure that units remain commercial in nature. ANALYSIS: The expansion of the tourism market and changes to the industry suggests that City policy should be updated to keep up with trends. Traditional hotels are facing significant competition from the residential short-term rental market. The City is now also collecting Transient Occupancy Tax from the expanded short-term rental market that has evolved in the residential zones. While the City has seen some past examples of non-permitted conversion of motel units to longer-term residential uses, there is a growing trend toward longer stays (up to 30- days) and the desire to have a more independent, multi-room hotel unit while visiting the Central Coast. There has been an increase in traveling nurses and remote workers looking to experience the central coast for longer than an extended weekend. Allowing for kitchens in units would expand lodging options to these types of individuals and provide an alternative to private Airbnbs. Staff contacted some local cities and inquired about their policies related to this topic. Both Paso Robles and San Luis Obispo do not limit kitchens in hotel rooms. Morro Bay allows full kitchens through a use permit process. Even with the growing trend toward extended stays and tourist demand for hotels offering greater in-room amenities, there is a minor potential that a hotel that provides kitchens could be used for long term occupancy, exceeding 30 days, which would impact the City’s ability to collect TOT, and violate commercial zoning policies. However, to mitigate this concern, the attached draft ordinance includes provisions that all hotels that contain units with full kitchens: Page 19 of 48 ITEM NUMBER: B-1 DATE: 11/14/23 • Be at least 20-units/rooms; and • Record a deed notification to ensure that any owners of the property understand that the property shall be maintained as a short-term occupancy hotel or motel, subject to transient occupancy tax and that stays over 30 days would be prohibited The ordinance includes a provision that hotels or motels with kitchens in more than 50% of the rooms be subject to a Conditional Use Permit, subject to the following findings: • The project is designed consistent with the standards of the Atascadero Municipal Code and provides amenities consistent with a tourist-serving use; and • The project is located in an area that supports tourist-serving activities. These standards would be added as Municipal Code Section 9-6.185 within the Special Uses section of the Municipal Code to read as follows. The City Attorney reviewed this added code section and has recommended minor changes as shown below in red. All recommended changes are included in the attached ordinance. 9-6.185 Hotels and Motels. Where a hotel or motel is located in a commercial zoning district, the following standards shall apply: (a) Hotels and Motels without full kitchens in individual rooms shall be allowed as specified for each zoning district. (1) Wet bars in individual rooms, as defined in this Title, shall be permitted (b) Hotels and motels may have full kitchens in individual rooms in up to 50% of the rooms/units subject to the following: (1) The hotel development must contain a minimum of 20 rooms/units that are available for guests. (2) A deed notification shall be recorded against the property detailing the commercial nature of the property. The notification shall be in a form approved by the Community Development Director. (c) Exceptions. Exceptions to the above standards may be modified with approval of a Conditional Use Permit, subject to the following findings: (1) The project is designed consistent with the standards of the Atascadero Municipal Code and provides amenities consistent with a tourist serving use; and (2) The project is located in an area that supports tourist serving activities. Conclusion With a changing trend toward more independent lodging amenities and longer stays, the applicants are proposing amendments to the definition of hotels and motels to expand full kitchen options. This amendment would apply Citywide for all new hotel uses. While these types of lodging units are typically seen under Airbnb or VRBO, many large hotel chains are expanding their branding to accommodate patron desires for kitchens and extra space. Enacting a Citywide definition change would allow hotels to provide these amenities. Staff is recommending the adoption of standards specific to hotels and motels offering these amenities to ensure that the commercial tourist nature of the use is maintained. Page 20 of 48 ITEM NUMBER: B-1 DATE: 11/14/23 CEQA DETERMINATION: The proposed Ordinance is exempt from further environmental review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, 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 (CEQA § 21065; CEQA Guidelines §§ 15378(b)(5), 15061(b)(3). FISCAL IMPACT: While there is no direct fiscal impact from the adoption of the proposed AMC text amendments, the modifications will expand options for hotels within the City, allowing for greater variety in hotel room offerings and ability to compete with the Airbnb market. FINDINGS: To recommend approval of the proposed project, the City Council must make the following findings, as recommended by Planning Commission. These findings and the facts to support these findings are included in the attached draft ordinance. 1. The proposed project or use is consistent with the General Plan. 2. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. ALTERNATIVES: 1. The City Council may make modifications to the proposed text amendment. Any proposed modifications should be clearly restated in any vote on any of the attached ordinance. 2. The City Council may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Council should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3. The City Council may deny the proposed amendments. The Council must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, correspondence, or any other rational introduced and deliberated by the Council. ATTACHMENTS: 1. Draft Ordinance Page 21 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE DEFINITIONS OF “HOTELS” AND “MOTELS” IN TITLE 9 OF THE ATASCADERO MUNICIPAL CODE, ENTITLED PLANNING & ZONING HOTEL / MOTEL DEFINITION CHANGE (ZCH23-0071) NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Planning Commission Recommendation: The Planning Commission of the City of Atascadero held a timely and properly noticed Public Hearing upon the subject Planning and Zoning Text Change application on October 3, 2023 at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments and the Planning Commission recommended that the City Council approve the proposed text amendments. SECTION 2. Public Hearing. The City Council of the City of Atascadero, at a Public Hearing held on November 14, 2023, considered testimony and reports from staff, the applicants, and the public and introduced for first reading, by title only, an Ordinance modifying Title 9 of the Atascadero Municipal Code. SECTION 3. Facts and Findings. The City Council makes the following findings and determinations for approval of the proposed text amendments: 1. FINDING: 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 zoning code text updates are consistent with the general plan. The modifications to the definitions of hotels and motels does not affect the commercial transient lodging nature of the use. 2. FINDING: 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 makes a minor modification to the land use definition for hotels and motels and will not affect the use of land designated for such uses. 3. FINDING: The Text Change will not, in itself, result in significant environmental impacts. Page 22 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1 FACT: The proposed text amendment is minor and will not result in an environmental impact. Hotel and motel uses remain allowed in locations designated by the Atascadero Municipal Code. SECTION 4. CEQA. Because of the facts set forth in Section 2, the proposed zone text amendment is exempt from further environmental review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, 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)(5), 15061(b)(3). SECTION 5. Approval. The City Council of the City of Atascadero adopts the proposed text amendments to Atascadero Municipal Code as shown in Exhibit A. 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. 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. Page 23 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1 INTRODUCED at a regular meeting of the City Council held on ____________, 2023, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on ___________, 2023. AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO: ____________________________________ Heather Moreno, Mayor ATTEST: _____________________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________________ Karl H. Berger, Interim City Attorney Page 24 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A EXHIBIT A: Proposed Municipal Code Text Amendment – Title 9 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 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 CU P CUP CUP CUP 9-6.163 Page 25 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A 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 Auto Repair and Services CUP A A CUP A A 9-6.168 Bar/Tavern CUP CUP CUP A Bed and Breakfast CUP CU P CUP CUP Brewery – Production CU P CUP A A Broadcast Studios A A Building Materials and Hardware w/ outdoor sales or storage area 10,000 sf or greater CUP CUP CU P CUP CUP CUP 9-6.165 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 CU P 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 Page 26 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A 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 Contract Construction Services (Indoor) A A A A Contract Construction Services (Outdoor) CU P CUP CUP Data and Computer Services Center AUP AU P CUP A A Day Care Drive-Through Sales or Services CUP CUP CUP CU P CUP CUP 9-4.122 Eating and Drinking Places A A A A A A A A A A Farm Equipment and Supplies w/ outdoor storage or sales area 10,000 sf or greater CUP CU P 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 Page 27 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A 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 General Retail Greater than 50,000 sf CUP CUP CUP CU P 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 CU P 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 Hotels, Motels CUP A A A CUP 9-6.185 Indoor Recreation Services CUP CUP CU P 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 CU P CUP A 9-6.103 Laundries and Dry-Cleaning Plants A A A A Laundromat/Coin- Operated Laundry CUP CUP CUP CU P CUP CUP A A Page 28 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A 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 Libraries, Museums A A A A A A Live/Work Unit A1 Manufacturing and Processing – High Intensity4 CU P 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 CU P CUP CUP 9-6.134 Medical Extended Care Services: 7 Residents or More CUP 9-6.134 Medical Research CUP A A CUP A A Membership Organizations A A CUP CUP Microbrewery – Brewpub A CUP A A A A A A A A Mini-Storage CU P CUP A A Mobile Eating and Drinking Vendors6 A A A A A A A A Mixed-Use Development CUP 1 CUP 1 CUP1 CU P1 A1 A1 Mortuary Services A A A A Multifamily Dwelling CUP 2 CUP 2 CUP2 CU P2 A1 A1 Page 29 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A 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 Offices A A A A A A CUP 9 A Outdoor Recreation Services CUP CU P A 9-6.123 Parking Lots AUP AUP AUP AU P 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 CU P A CUP CUP RCFE – Assisted Living CUP 9-6.135 RCFE – Independent Living/Senior Apartments CUP CUP CU P 9-6.135 RCFE – Retirement Hotel CUP CUP CU P 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 Page 30 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A 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 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 CU P 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 CU P A Storage, Recycling and Dismantling of Vehicles and Material CU P A A 9-6.131 Tasting Room A CUP A A A A A A A A Page 31 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A 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 Telecommunicatio n Facility CUP CUP CUP CU P CUP CUP CUP CUP CUP CUP Temporary Events A/ CUP 3 CUP A/ CUP3 A/ CU P3 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 CU P A CUP CUP CUP CUP CUP Utility Facilities CUP CU P 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 CU P 4 CUP 4 CUP 4 9-6.183 Vehicle and Freight Terminals CU P CUP CUP Warehousing CU P CUP A A Wholesaling and Distribution Center4 AUP AUP A4 A4 A4 A4 Winery – Boutique A4 A4 A4 A4 A4 A4 A4 Page 32 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A 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 Winery – Production CU P CUP A4 A4 Notes: (These notes apply only to Table 3-2). 1 Residential uses allowed only on second and third floors. If a project is required to comply with the Americans with Disabilities Act and does not have an elevator, one accessible unit may be located on the ground floor in conjunction with commercial space and shall not exceed the greater of: • 500 sf; or • 10% of the size of the ground floor commercial space not to exceed 1,000 sf. 2 Multi-family 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 on ground floor south of Atascadero 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 are 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 Page 33 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A CT – Commercial Tourist CPK – Commercial Park DC – Downtown Commercial DO – Downtown Office IP – Industrial Park I – Industrial Figure 3-1 9-3.500 Definitions. As used in Title 9, the following terms and phrases shall have the meaning ascribed to them in this section, unless the context in which they are used clearly requires otherwise. A. Definitions “A” Accessory Storage. The indoor or outdoor storage of various materials on the same site as a principal building or land use which is other than storage, which supports the activities or conduct of the principal use. Outdoor accessory storage is limited to ten percent (10%) of the floor area of the principal building in accordance Section 9-6.103. Adult-Oriented Business. Any business defined by Chapter 9 of Title 9 in the Atascadero Municipal Code, or subsequent code section, as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor (excluding State-licensed massage therapy), sexual encounter establishment, or nude model studio is an adult-oriented business. Page 34 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A Age Restricted Housing. Residential multifamily or single-family units that restrict occupancy based on age. This use typically consists of senior housing which restricts age for fifty-five (55) and older. Agricultural Accessory Uses. Residential accessory uses that are part of small-scale and/or hobby agricultural activities 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. This does not include garages, workshops, or other similar residential accessory structures for nonagricultural uses. Agricultural Produce Stands. Open structures for the retail sale of agricultural products (except hay, grain and feed sales which are included under “farm equipment and supplies”) which are grown on the site in residential or agriculture zones. This does not include farmers’ markets or “seasonal sales” located in nonresidential zoning districts, defined under “temporary sales.” Agriculture Employee Housing. Includes single-family dwellings, or other lodging accommodations provided as a part of farming operations, as regulated under the California Health and Safety Code, employees on land owned by the owner of the building site on which the lodging is located. Amusement Services. Establishments providing indoor amusement, entertainment, or personal enrichment services on payment of a fee or admission charge, such as: arcades and coin-operated amusements; dance halls, and ballrooms which are principal uses rather than being subordinate to an eating or drinking place; health and exercise facilities including yoga, dance, martial arts and similar small studios that do not include courts or similar facilities; and music and arts and crafts instruction. Athletic facilities with basketball, racquetball or similar indoor participation sports are classified as “indoor recreation services.” Card rooms, billiard and pool halls as a primary use are classified as “Personal services—restricted.” Animal Hospitals. Establishments primarily engaged in performing services for animals, including veterinary services and animal hospitals. Does not include kennels, which are listed as a separate category. Artisan Foods and Products. An establishment that specializes in artisan food production, art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the facility includes a retail component. Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling new and used automobiles, including, but not limited to, light trucks (US DOT Class 1, 2, and 3), boats (FBSA Class A and Class 1 boats (under twenty-six (26) feet in length)), recreational vehicles, recreational/utility trailers, motorcycles and mopeds. Also includes establishments selling new parts and accessories within a building for the above. Does not include establishments dealing exclusively in used parts. Includes automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the same site. Does not include “service stations,” which are separately defined. Auto Repair and Services. Service establishments primarily engaged in the repair, alteration, painting, washing or waxing of automobiles, and lube services. May also include rental of cars, trucks or trailers; leasing of cars and trucks. Does not include repair shops which are subordinate to and maintained by a vehicle dealership. Automated Teller Machine (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to- face contact with financial institutions personnel. The machines may be located at or within banks, or in other locations. B. Definitions “B” Page 35 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A Bar/Tavern. Establishments where alcoholic beverages are sold for on-site consumption, which is not part of a larger restaurant. Includes bars, taverns, pubs, night clubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Does not include adult entertainment businesses or uses defined under microbreweries or tasting rooms. Bed and Breakfast. Transient lodging establishments primarily engaged in providing overnight or otherwise temporary lodging for the general public. Such establishments provide limited meal service, generally breakfast, for lodgers. Brewery—Production. An establishment which produces ales, beers, meads, hard ciders, and/or similar beverages on site. Production breweries are classified as a use which requires a Class 01 type licensure from Alcohol Beverage Control (ABC). Breweries may also serve beverages on site, and sell beverages for off-site consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Broadcasting Studios. Commercial and public communications use including radio, television broadcasting and receiving stations and studios with facilities entirely within buildings. Does not include antennas and towers, which are defined under “telecommunications facilities.” Building Materials and Hardware. Retail trade establishments primarily engaged in the sale of lumber and other building materials, including paint, wallpaper, glass, hardware, nursery stock, lawn and garden supplies. Includes all such stores selling to the general public, even if sales to contractors account for a larger proportion of total sales. Establishments primarily selling plumbing, heating, and air conditioning equipment and electrical supplies are classified in “wholesaling and distribution centers.” Business Support Services. An establishment or business located entirely within a building that is open to customer visitation and with limited or no storage, which provides services to other businesses including, but not limited to: • Blueprinting and reprographics, copying and quick printing services; • Computer related services, repair and rental; • Private mail and mailbox service not affiliated with Federal mailing agency; • Co-working spaces, incubator-type services that provide office-type working spaces for a fee. C. Definitions “C” Caretaker Residence/Employee Unit. A permanent residence that is secondary or accessory to the primary use of the property, and used for housing a caretaker employed on the site of any nonresidential use where a caretaker is needed for security purposes or to provide twenty-four (24) hour care or monitoring of plants, animals, equipment, or other conditions on the site. Does not include housing for caretaker-type employees in the Agriculture Zone which is defined as “agriculture employee housing.” Cemeteries. Interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries and cemetery, mausoleum and columbarium operations. Excludes funeral parlor and related facilities which are listed under “mortuary services.” Churches and Related Activities. Religious organization facilities operated for worship or for promotion of religious activities, including churches and religious Sunday-type schools. Other establishments maintained by religious organizations, such as educational institutions, hospitals and other operations that may be considered commercial in nature if not run by the religious organization (such as a recreational camp) are classified according to their respective activities. Collection Stations. Facilities for the temporary accumulation and storage of recyclable discarded materials, which are subsequently transported to recycling centers or solid waste disposal sites for further Page 36 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A processing. Does not include automobile wrecking yards or any recycling processing facilities, which are listed under “recycling and scrap.” Does not include temporary storage of toxic, mutagenic or radioactive waste materials. Common Interest Development. A common interest development is a real property development where property owners share a common set of financial obligations, property and easement rights established in a set of recorded restrictions (commonly referred to as “CC&Rs”). Common interest developments may include, but are not limited to, condominiums, planned developments, stock cooperatives, and small lot single-family and multifamily developments along with commercial or mixed- use developments. Contract Construction Services (Indoor). Office uses with or without indoor storage facilities operated by, or on behalf of, a building contractor, exterminator, janitorial service or similar. Can include the indoor storage of materials used for repair and maintenance of contractor’s own equipment and for use by the contractor. All uses must be located within an approved, permitted building. Outdoor storage of construction related vehicles, fleet, or accessory storage (other than an approved parking lot for employees or fleet vehicles) is limited to ten percent (10%) of the floor area of the fully enclosed building utilized for the business. Contract Construction Services (Outdoor). Office uses with outdoor facilities operated by, or on behalf of, a building contractor, exterminator, janitorial service, or similar. Outdoor uses may include storage of large equipment, vehicles, and/or other materials commonly used in the individual contractor’s type of business and can include the storage of materials used for repair and maintenance of contractor’s own equipment. May also include accessory buildings or structures for uses by the contractor. An on-site office building is required. All applicable development standards listed in the code as well as standards for outdoor storage uses must be met. D. Definitions “D” Data and Computer Services/Center. A use where the majority of the space is occupied by computers and/or related equipment and where information is processed, transferred, and/or stored (also commonly referred to as “server farms.)” Data and computer services/centers may contain data technology centers, internet service providers (ISPs), network operation centers, web hosting facilities and other similar establishments primarily engaged in providing direct access through telecommunication networks to computer-held information. Day Care. Facilities that provide nonmedical care and supervision of individuals for periods of less than twenty-four (24) hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services or successor agency. Day care uses include the following: • Child Care Center. Child day care facilities designed and approved to accommodate fifteen (15) or more children. Includes infant centers, nursery schools, preschools, sick-child centers, and school- age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use. • Large Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or successor provision, a home that regularly provides care, protection, and supervision for seven (7) to twelve (12) children, including up to two (2) children under the age of ten (10) years who reside in the home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. • Small Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or successor provision, a home that provides family day care for six (6) or fewer children, including two (2) children under the age of ten (10) years who reside in the home. • Adult Day Care Facility. A day care facility providing care and supervision for adult clients. Page 37 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A Drive-Through Sales or Services. A facility where food or other products may be purchased or where services may be obtained by motorists without leaving their vehicles. Examples of drive-through sales facilities include fast-food restaurants, drive-through coffee, photo-stores, pharmacies, etc. Examples of drive-through service facilities include drive-through bank teller windows, automated teller machines (ATMs), dry cleaners/laundromats, etc., but do not include service stations or other vehicle services, which are separately defined. E. Definitions “E” Eating and Drinking Places. Restaurants and other establishments selling prepared foods and drinks for consumption on the premises, as well as facilities for dancing and other entertainment which are secondary and subordinate to the principal use of the establishment as an eating and drinking place. Also includes lunch counters and refreshment stands selling prepared goods and drinks for immediate consumption. Restaurants, lunch counters, and drinking places operated as subordinate service facilities within other establishments are not included here unless they are operated as leased departments by outside operators. Does not include establishments with drive-through facilities or uses defined under “adult-oriented business.” EV Charging Site. Electric vehicle (EV) charging site includes level one, level two, and level three charging sites that are an accessory use to a primary use, such as a parking lot, building, or multifamily residence. These charging sites are incidental uses and may or may not charge a fee for use. Does not include stand-alone EV charging station as defined in “service stations.” F. Definitions “F” Farm Animal Raising. The keeping, feeding or grazing of animals as an avocation, hobby, or school project, subordinate to the principal residential use of a property, includes species commonly considered as farm animals as well as exotic species, but does not include household pets. This includes the raising or feeding of beef cattle, sheep and goats by grazing or pasturing. Does not include uses defined as “livestock specialties.” Farm Equipment and Supplies. Establishments primarily engaged in the sale or rental of agricultural machinery and equipment for use in the preparation and maintenance of the soil, the planting and harvesting of crops, and other operations and processes pertaining to work on the farm; also, dairy and other livestock equipment including trailers. Includes agricultural machinery, dairy farm machinery and equipment, irrigation equipment, poultry equipment and frost protection equipment; hay, grain and feed sales. Farmers’ Market. The temporary and intermittent use of a public or private property for the outdoor sales of food and farm produce in compliance with California Food and Agriculture Code Section 1392 et seq., and artisan products or similar farmers’ markets products that include multiple sales vendors. Financial Services. Service establishments primarily engaged in the field of finance, including: banks and trust companies; credit agencies other than banks; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding (but not predominantly operating) companies; and other investment companies. Fuel Dealers. Retail trade establishments primarily engaged in the sale to consumers of liquefied petroleum gas (LPG), propane, bottled or other fuels in bulk. Does not include accessory uses as part of a service station. G. Definitions “G” Page 38 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A General Retail. Stores and shops selling either many lines of merchandise, or specialized type of merchandise, where the retail sales are conducted primarily within a building. Examples include, but are not limited to: • Antique stores, second hand stores, jewelry stores, hobby materials, specialty stores; • Art galleries, art supplies, collectibles, hobby materials; • Bicycles, toys, games, sporting goods and equipment; • Department stores, drug stores, pharmacies, supermarkets, groceries stores, specialty food markets, membership warehouse clubs; • Florists, house plant stores (indoor sales), small house wares; • Home furniture stores, consumer electronic/audio visual goods, bookstores, home and/or office appliance stores (excludes wholesale sales not open to the general public); • New clothing, shoes, and accessory retail stores; • Stationery, dry goods, fabric stores and sewing supplies, and variety stores; • Stand-alone convenience markets (excludes fuel sales), warehouse retail stores, building supply hardware stores where outdoor sales are limited to under ten thousand (10,000) square feet. Pawn shops and retail stores that sell smoking, tobacco and vaping products as the primary use are included in “retail sales–restricted.” Government Offices and Facilities. Administrative, clerical, or public contact and/or service offices of recognized local, State, or Federal agencies. Includes post offices, City Hall, municipal corporation yards, etc. H. Definitions “H” Health Care Services. Service establishments primarily engaged in furnishing medical, mental health, surgical and other personal health services including: medical, dental, and psychiatric offices (mental health) related services, including various types of counseling practiced by licensed individuals other than medical doctors or psychiatrists, medical and dental laboratories; outpatient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included. Also includes hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. Nursing homes and similar long-term personal care facilities are classified in “residential care.” Home Occupations. The gainful employment of the occupant of a dwelling, with such employment activity being subordinate to the residential use of the property. Horticultural Specialties. Businesses engaged in the production of ornamental plants, tree farms, and other products, grown under cover or outdoors. Also includes establishments engaged in the sale or on-site production of such product. 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 thirty (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. I. Definitions “I” Indoor Recreation Services. Facilities for various indoor sports and recreation, including: bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs; tennis, handball, racquetball Page 39 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A and similar indoor sports; shooting and archery ranges; recreation and community centers. Smaller fitness studios without courts are classified as “amusement services.” J. Definitions “J” K. Definitions “K” Kennels. A lot, building, structure, enclosure or premises where four (4) or more dogs or cats (four (4) months of age or older) are kept or maintained, including the keeping of such animals for sale, for commercial breeding or for lodging and care. Does not include dogs and cats kept for noncommercial purposes. L. Definitions “L” Large Scale Ag Manufacturing. The large scale processing of agriculture products subsequent to their harvest, with the intent of preparing them for market or further processing including: alfalfa cubing; hay baling and cubing; corn shelling; drying of corn, rice, hay, fruits and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading and packaging of fruits and vegetables; tree nut hulling and shelling; cotton ginning; and wineries in excess of one thousand (1,000) square feet in total use area. This does not include the growing, harvesting, and production of medical marijuana, or legally approved uses of marijuana by either the State of California or Federal Government. Laundries and Dry-Cleaning Plants. Service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry-cleaning pickup stores without dry cleaning equipment, which are classified in “personal services.” Laundromat/Coin-Operated Laundry. Facilities providing washing and drying machines for use by customers for a fee as a primary use. Dry cleaning pick-up stores are classified as “personal services.” Libraries, Museums. Permanent public or quasi-public facilities generally of a noncommercial nature such as libraries, museums, art exhibitions, planetariums, aquariums, botanical gardens, arboretums and zoos. Also includes historic sites and exhibits. Livestock Specialties. Agricultural establishments primarily engaged in commercial livestock keeping or feeding as a principal land use which, because of operational characteristics, may generate dust, odors or visual impacts which could have an adverse effect upon adjacent properties. Such uses include dairies; chicken, turkey and other poultry farms; animal specialties (such as rabbit farms and other fur-bearing animals); other specialties such as bee farms, aviaries, worm farms, etc. Live/Work Units. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes: • Complete kitchen space and sanitary facilities in compliance with the Building Code; • Working space reserved for and regularly used by one (1) or more occupants of the unit; • Working space includes uses that are permitted within the zoning district. M. Definitions “M” Manufacturing, Repair, and Processing—High Intensity. A facility or establishment that accommodates manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and other similar manufacturing uses, where the intensity or scale of operations is determined to be greater than those classified under “manufacturing and processing—low intensity,” but where impacts to surrounding neighborhoods, businesses, and the community may cause a significant Page 40 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A impact. Uses may have an indoor setting, however uses may also be conducted outdoors. Examples of manufacturing and processing uses that are considered high-intensity include the following, but are not limited to: • Machinery manufacturing that makes or process raw materials into products; • Metal fabrication and welding shops engaged in the production and/or assembly of metal, and other similar metal shops; • Manufacturing that cuts, shapes, and/or finishes building materials used in home or nonresidential construction; • Chemical product manufacturing that produces or uses basic chemicals and other establishments creating products predominantly by chemical processes; • Product manufacturing that produces bulk concrete, asphalt, and other paving materials; • Paving and roof materials manufacturing of various common paving and petroleum-based roofing materials including bulk asphalt, paving blocks made of asphalt, creosote wood, and various compositions of asphalt and tar; • Plastics, other synthetics and rubber manufacturing; • Primary metal industries engaged in smelting, refining of ferrous and nonferrous metals; • Other similar heavy intensive uses. Manufacturing, Repair, and Processing—Low Intensity. A facility or business that engages in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing process and the materials used are unlikely to cause significant impacts to the existing surrounding neighborhood or businesses in an indoor setting. Examples of manufacturing and processing uses that are considered low intensity include the following, but are not limited to: • Artisan manufacturing and production where no retail component exists; • Production, assembly, and/or repair where no raw materials are manufactured; • Production and assembly of precision electronics and scientific instruments, including on-site offices; • Producing or processing of foods and beverages for human consumption where no retail component exists and does not include noxious odors or excessive noise and no slaughter occurs on site; • Repair and service of small consumer products; • Small scale manufacturing where assembling and/or manufacturing is completed by hand or precision tools; • Small product manufacturing not classified in another major manufacturing group. Medical Extended Care Services. Residential facilities providing nursing and health-related care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “residential care.” Medical Research. Establishment related to medical and/or dental research, testing and analysis, including, but not limited to, trial and clinical research. Biomedical and pharmaceutical research and development facilities are not included in this definition. Medical research does not include the storage or use of quantities of hazardous materials nor any toxic gas. Additionally, medical research may include storage and use of etiological (biological) agents up to and including Risk Group 2 or Bio Safety Level 2 Page 41 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A (Center for Disease Control). Typically uses are a part of a campus-like setting such as a business park or stand-alone building. Membership Organizations. Organizations operating on a membership basis for the promotion of the interests of the members, including: business associations; professional membership organizations; labor unions and similar labor organizations; civic, social and fraternal organizations (not lodging); political organizations and other membership organizations. Micro-Brewery/Brewpub. An establishment that produces ales, beers, meads, hard ciders/and or similar beverages to serve on site. Sale of beverages for off-site consumption is also permitted consistent with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Food service for on-site consumption is allowed as an ancillary use. Brewpubs and microbreweries are considered small operations consistent with ABC license Type 23, 40, or 42 or State similar licensures. Mini-Storage. Buildings containing individual storage areas rented or leased to the general public. Does not include warehousing or exterior storage facilities. Mixed-Use Development. A development that has a vertical separation of commercial and residential land uses in a building. Residential units within a commercial district are subject to compliance with allowed density and shall not be located on the ground floor. Mobile Eating and Drinking Vendors. Any vehicle, wagon, or pushcart that is self-propelled or can be pushed/pulled down a street or sidewalk, on which food is displayed, prepared, or processed for the purpose of selling food or drinks to a consumer. Mobile Home/Manufactured Home. A modular structure that is transportable in one (1) or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, is tied down to a permanent foundation with wheels removed and skirted. A mobile home on a permanent foundation is considered a single-family dwelling. Mobile Home Park. Any site that is planned and improved to accommodate two (2) or more mobile homes used for residential purposes, or on which two (2) or more mobile homes, as the term “mobile home” is defined in California Civil Code Section 798.3 or successor provision of the California Mobile home Residency Law, for non-transient use, are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. Mortuary Services. Establishments with facilities for the preparation of the dead for burial, cremation and for the holding of funeral observances and services. Accessory facilities may include a cemetery, columbarium or mausoleum. Includes: funeral homes and parlors, mortuaries and related facilities. Multiple-Family Dwelling. Two (2) or more primary attached dwelling units located on a single lot within a residential zoning district, each occupied by a single housekeeping unit; includes buildings or groups of buildings designated as apartments, duplexes, triplexes and condominiums, but not including motels, hotels, dormitories, or RV parks as herein defined. Also includes transitional housing and, supportive housing where people live as independently as possible with the assistance of social services tailored to each person’s needs as defined in Section 9-9.102 of the Zoning Ordinance. This also does not include accessory dwelling units or urban dwelling units. N. Definitions “N” O. Definitions “O” Offices. Establishments engaged in performing a service in a professional office including: engineering, architectural and surveying services; real estate agencies; noncommercial educational, Page 42 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A scientific and research organizations; accounting, auditing, and bookkeeping services; authors, writers, artists, etc.; advertising agencies; photography studios and small commercial art studios; employment agencies and stenographic services; reporting services; data processing and computer services; management, public relations, and consulting services; detective agencies and other similar professional services; attorneys; and counseling services provided by individuals other than licensed psychiatrists, which are included under “health care services.” Organization Houses. Residential lodging houses operated by membership organizations for the benefit of their constituents and not open to the general public. Also includes fraternity and sorority residential houses and religious residential retreats. Outdoor Recreation Services. Facilities for various outdoor sports and recreation, including: amusement and kiddie parks; golf courses, golf driving ranges and miniature golf courses; skateboard parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis clubs and facilities; play lots, playgrounds and athletic fields; recreation and community centers. P. Definitions “P” Parking Lot. An open area, excluding a street or other public right-of-way, for the exclusive use of parking as a primary use for automobiles and available to either the public or patrons of adjacent buildings or structures. Parking lots can either be free for use, or may charge a fee for compensation. Long-term parking and storage of inoperable vehicles is classified in “vehicle and equipment storage.” Parks and Playgrounds. A public outdoor recreational facility that may provide a variety of recreational activities including playground equipment, open space areas for passive recreation including hiking and biking trails, zoos, picnicking, and sport and active recreation facilities dedicated for use to the public. Personal Cannabis Cultivation. As defined by Chapter 9-17. Personal Services. Service establishments primarily engaged in providing nonmedical services as a primary use and may include accessory retail sales of products related to the services provided. These uses include the following: beauty shops (includes permanent makeup when less than ten percent (10%) of overall sales), barber shops, day spas and massage therapy where each massage therapist is certified/licensed by a State-recognized organization, shoe repair shops, dry cleaning pickup stores, clothing rental, tailors, tanning salons, pet grooming services, nail salons, and other similar uses. Personal Services—Restricted. Service establishments that may have a blighting and/or deteriorating effect upon the surrounding area which may need to be dispersed in order to minimize their adverse impact. Examples of these uses include, but are not limited to, the following: check cashing and/or payday/same day loans; fortunetellers, psychics; palm, tarot and card readers; card rooms, billiard and pool halls as a primary use; tattoo and body piercing services; and hot tubs and saunas that are not an accessory to a permitted use. Printing and Publishing. An establishment engaged in printing letter press, lithography gravure, screen offset or electrostatic copying and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. The use also includes establishments that publish newspapers, books, and periodicals; establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition “business support services.” Public Assembly and Entertainment. Facilities for public assembly and group entertainment such as: public and semi-public auditoriums; exhibition and convention halls; civic theaters and meeting halls; motion picture theaters; legitimate theater facilities for live theatrical presentations or concerts by bands and orchestras; amphitheaters; meeting halls for rent and similar public assembly uses. Page 43 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A Q. Definitions “Q” R. Definitions “R” Recreational Vehicle Parks. Transient lodging establishments primarily engaged in renting, leasing or otherwise providing overnight or short-term sites for trailers, campers, or tents, with or without individual utility hookups, but with other facilities such as public restrooms. Does not include incidental camping areas, which are included under “rural sports and group facilities.” Recycling and Scrap. Establishments primarily engaged in assembling, breaking up, sorting, temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap. Does not include waste disposal sites, which are separately defined. Does not include temporary storage of toxic or radioactive waste materials. Recycling Centers. An establishment, which is larger than a “collection station,” that serves as a community-wide center for the collection and/or processing of recyclable materials such as glass, paper, plastic, aluminum and metal cans. Research and Development. Research and development offices, devoted to scientific and engineering research and the design, development and testing of new technology and products; usually includes laboratory space or small-scale manufacturing operations. Residential Accessory Uses. Includes any use that is customarily part of a residence and is clearly incidental and secondary to a residence and does not change the character of the residential use. Residential accessory uses include the storage of vehicles and other personal property and accessory structures including garages, studios and workshops. Residential Care. A single-family or multiple-family dwelling unit that is licensed or supervised by a Federal, State, or local health/welfare agency that provides non-medical care of unrelated persons who are in need of personal service, supervision, or assistance essential for sustaining activities of daily living or for the protection of the individual. Use includes the following: children’s homes; halfway houses; rehabilitation centers; self-help group homes. Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen voluntarily by the residents or the residents’ guardians, conservators or other responsible person(s) where the following occurs: where seventy-five percent (75%) of the residents are at least sixty-two (62) years of age, or, if younger, have needs compatible with other residents; and where varying levels of care and supervision are provided, as agreed to at the time of admission or as determined necessary. RCFE uses may include basic services and community space. RCFE uses include the following: • Assisted Living Facility. A residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily, individual needs of the residents. Assisted living facilities may include kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted living facilities are required to be licensed by the California Department of Social Services, and do not include medical extended care services. • Independent Living Center/Senior Apartment. Independent living centers and senior apartments are multifamily residential projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities. • Retirement Hotel. Establishments primarily engaged in providing lodging facilities limited to the aged where no medical care is provided. Such establishments may provide housekeeping and meals to the residents. Page 44 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A Resource Extraction. Uses primarily engaged in resource extraction, including, but not limited to, mining, developing mines or exploring for metallic minerals (ores), coal and nonmetallic minerals, or surface mines extracting crushed and broken stone, dimension stone or sand and gravel. Retail Sales–Restricted. Stores and shops selling products that may have a blighting and/or deteriorating effect upon the surrounding area and may need to be dispersed in order to minimize their adverse impact. Examples of these uses include, but are not limited to, the following: selling smoking, tobacco and vaping products as a primary use; and pawn shops, in which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges is done. Rural Sports and Group Facilities. Establishments supporting special group activities such as: archery, pistol, rifle, and skeet clubs and facilities; dude ranches; health resorts including outdoor hot spring, spa or hot tub facilities; hunting and fishing clubs; recreational camps; group or organized camps; incidental, seasonal camping areas without facilities; equestrian facilities, including riding academies, schools, stables and exhibition facilities. S. Definitions “S” Sales Lots. Sales lots consist of any outdoor sales area for permanent display of motorized farm equipment, boats (FBSA Class 3 and 4 boats (over twenty-six (26) feet in length)), heavy commercial trucks (US DOT Class 4 through 8), mobile homes, construction equipment, or other heavy equipment; outdoor equipment rental yards. Schools. An institution or establishment that provides a program of instruction and teaching services. Includes: preschools, elementary and secondary schools serving grades K through 12 (or portions thereof); junior colleges, colleges and universities; and similar education institutions. Does not include Sunday schools which are permitted under “churches and related facilities.” Schools—Business and Vocational. Business and secretarial schools; vocational schools offering specialized trade and commercial courses; specialized nondegree granting schools, such as: music schools; dramatic schools; language schools; driver education schools; ballet and other dance studios; and establishments furnishing educational courses by mail. Secondary Residential Unit. Second residential units are defined as residential occupancy constructions (R) with a kitchen and full bathroom that is accessory to the primary unit and intended for permanent occupancy by a second housekeeping unit. Service Stations. Retail trade establishments primarily engaged in the sale of gasoline, which may also provide lubrication, oil change and tune-up services incidental to gasoline sales. May also include a towing service but does not include storage of wrecked or abandoned vehicles. Does not include uses defined as auto repair and service, or vehicle equipment storage. Single-Family Dwelling. An attached or detached building not to contain more than one (1) kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit. Also includes factory-built, manufactured housing units and mobile homes constructed in compliance with Title 25 of the California Health and Safety Code, or successor provision as defined in Section 9- 9.102 of the Zoning Ordinance; transitional housing and supportive housing serving six (6) or fewer persons as defined in Section 9-9.102 of the Zoning Ordinance. Single Room Occupancy Unit (SRO). A structure that provides separate, single room, residential living units with no on-premises residential medical care. Units within the structure may have individual bathroom facilities, shared bath or toilet facilities for the residents, or any combination thereof. SRO may include structures commonly called rooming houses or boarding houses. SRO facilities shall not be age Page 45 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A restricted. Age restricted SRO facilities shall be considered a residential care facility for the elderly (RCFE). Small Scale Ag Processing. The small-scale processing of agriculture products grown or produced on site, bottling, canning, or storage of agriculture products grown and processed on site, where the processing or storage shall not exceed one thousand (1,000) square feet (sf) in total use areas. This does not include tasting rooms. Social and Service Organizations. Public or quasi-public establishments providing social services and rehabilitation services to such as counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies, persons with social or personal problems requiring special services and to the handicapped and the disadvantaged. Also included are organizations soliciting funds to be used directly for these related services. Also includes establishments engaged in community improvement and neighborhood development. Does not include child day care services which are classified under “schools.” Sports Assembly. Facilities for spectator-oriented specialized group sports assembly that includes: stadiums and coliseums; arenas and field houses; race tracks (auto and animals); motorcycle racing and drag strips; and other sports that are considered commercial. Storage, Recycling and Dismantling of Vehicles and Material. Establishments primarily engaged in the storage, assembling, dismantling, sorting, and distribution of materials, equipment and vehicles. This use may be located either outdoors or indoors and includes, but is not limited to, auto wrecking yards, vehicle storage areas, vehicle impound lots, recyclable/waste material storage and transfer facilities. This does not include waste disposal sites, which are separately defined, or temporary storage of toxic or radioactive waste materials. T. Definitions “T” Tasting Room. Establishment that allows for beer, wine, or spirit tasting on site with off-site sales directly to the public. Tasting rooms must meet the requirements of the Alcoholic Beverage Control (ABC) license type (Type 02, Type 23, Type 40, Type 42 or Type 74 license, or similar). Tasting rooms may operate within a large-scale brewing, winery, or distillery facility as an ancillary. Telecommunication Facility. Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular data network, and wireless communication towers (cellular phones), including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct cable connections. Does not include data processing centers. Temporary Dwelling. Includes the temporary use of a mobile home or recreational vehicle as a dwelling unit, following the issuance of a building permit for a permanent residence while the permanent residence is under construction. Temporary Events. Any use of a structure or land for an event for a limited period of time where the site is not to be permanently altered by grading or construction of accessory facilities. Events include: art shows; rodeos; religious revivals; tent camps; outdoor festivals and concerts. Temporary Offices. The utilization of a mobile home or recreational vehicle as a temporary office during the period of a construction of a permanent office facility on the same site. Temporary or Seasonal Retail Sales. Retail trade establishments primarily engaged in the sale of Christmas trees or other seasonal items; or semiannual sales of art or handcrafted items in conjunction with community festivals or art shows. Does not include farmers’ markets or agricultural roadside stands. Page 46 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months (Health and Safety Code Section 50675.2(h)). This definition excludes housing for halfway houses intended for occupancy by parolees or convicted persons, children’s homes, halfway houses, rehabilitation centers, and self-help group homes. Transit Stations. Passenger stations for vehicular, bus, and rail mass transit systems; also, terminal facilities providing maintenance and service for the vehicles operated in the transit system. U. Definitions “U” Utility Facilities. A fixed-base structure or facility serving as a junction point for transferring electric utility services from one (1) transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply, natural gas distribution, wastewater pump station, fiber optics junction box, or other similar facilities that are not exempted from land use permit requirements by California Government Code Section 53091 or successor code. Utility Infrastructure. Pipelines for water, natural gas, sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also include telephone, cable television, and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service center as defined under “offices” or distribution substations (“utility facilities”). V. Definitions “V” Vehicle and Equipment Storage (Indoor). Service establishments primarily engaged in the business of storing cars, buses and other motor vehicles; recreational vehicles (such as campers, motor homes, boats); construction equipment; and farm equipment. Does not include wrecking yards, which are classified in “recycling and scrap.” All uses of the site must be located within an approved, permitted building and outdoor storage shall be limited to ten percent (10%) of the floor area of the building utilized for the business. Vehicle and Equipment Storage (Outdoor). Service establishments primarily engaged in the business of storing cars, buses and other motor vehicles; recreational vehicles (such as campers, motor homes, boats); construction equipment; and farm equipment. Does not include wrecking yards, which are classified in “recycling and scrap.” Storage of oversized commercial vehicles is also subject to Section 9- 6.103. Vehicle and Freight Terminals. Transportation establishments furnishing services incidental to transportation, including: freight forwarding services; transportation arrangement services; parking, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; trucking facilities, including transfer and storage; public warehousing and storage. Includes both railroad transportation and motor freight transportation. W. Definitions “W” Warehousing. Uses engaged in storage of manufactured products, supplies, and equipment excluding bulk storage of materials that are flammable or explosive or that present hazards, or conditions commonly recognizable as offensive. Does not include personal storage as defined as “mini-storage.” Wholesaling and Distribution Centers. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Also includes storage, processing, packaging, and shipping facilities for mail order and e- commerce retail establishments. Page 47 of 48 ITEM NUMBER: B-1 DATE: ATTACHMENT: 11/14/23 1A Winery—Boutique. Winery or distillery production for no more than three thousand (3,000) cases of wine per year. Uses include fruit processing, fermentation pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine. Does not include winery production in residential zones, which is defined as small scale agriculture. Winery—Production. Winery or distillery production of more than three thousand one (3,001) cases of wine per year. Uses include fruit processing, fermentation pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine. This also includes uses that produce three thousand one (3,001) cases of beverages or less, but do not meet the requirements for “winery—boutique,” “winery—production,” or “brewery—production.” X. Definitions “X” Y. Definitions “Y” Z. Definitions “Z” 9-6.185 Hotels and Motels. Where a hotel or motel is located in a commercial zoning district, the following standards shall apply: (a) Hotels and Motels without kitchens in individual rooms shall be allowed as specified for each zoning district. (1) Wet bars in individual rooms, as defined in this Title, shall be permitted (b) Hotels and motels may have kitchens in individual rooms in up to 50% of the rooms/units subject to the following: (1) The hotel development must contain a minimum of 20 rooms/units that are available for guests (2) A deed notification shall be recorded against the property detailing the commercial nature of the property. The notification shall be in a form approved by the Community Development Director. (c) Exceptions. Exceptions to the above standards may be modified with approval of a Conditional Use Permit, subject to the following findings: (1) The project is designed consistent with the standards of the Atascadero Municipal Code and provides amenities consistent with a tourist serving use; and (2) The project is located in an area that supports tourist serving activities. Page 48 of 48