HomeMy WebLinkAboutCC_2023_11_28_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
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City’s YouTube Channel. To participate remotely using the Zoom platform please visit:
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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.
Note that the Zoom participation option is provided to the public as a courtesy in order to facilitate participation.
The City does not, however, guarantee that meeting participation will be available via Zoom. If Zoom
participation is not enabled, or turned off, the meeting will continue with public attendance in-person only.
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,
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to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under applicable
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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 51
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, November 28, 2023
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Bourbeau
ROLL CALL: Mayor Moreno
Mayor Pro Tem Funk
Council Member Bourbeau
Council Member Dariz
Council Member Newsom
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this agenda; 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.)
1. City Council Draft Minutes – November 14, 2023
▪ Recommendation: Council approve the November 14, 2023, Draft City Council
Regular Meeting Minutes. [City Clerk]
City Council Regular Session: 6:00 P.M.
City Council Closed Session: Immediately
following conclusion
of the City Council
Regular Session
Page 2 of 51
2. October 2023 Accounts Payable and Payroll
▪ Fiscal Impact: $4,621,070.42
▪ Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for October 2023. [Administrative Services]
3. 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 adopt on second reading a Draft Ordinance
entitled: “An Ordinance Amending the Definitions of ‘Hotels’ and ‘Motels’ in
Title 9 of the Atascadero Municipal Code, Entitled Planning & Zoning”, and
take such additional, related, action that may be desirable.
[Community Development]
4. Avtec Radio Console Replacement Project
▪ Fiscal Impact: $107,000.
▪ CEQA Determination: The project does not require additional environmental
review 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). It is
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 approve and authorize the expenditure of $107,000
for Avtec hardware, licensing, and related equipment to replace the current
radio console system for dispatching emergency services with an updated
radio console system from Applied Technology, and take such additional,
related, action that may be desirable. [Information Technology]
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
Page 3 of 51
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.)
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
1. Integrated Waste Management Authority – 2023 County Joinder Amendment
to Second Amended and Restated Joint Powers Agreement
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt Draft Resolution to approve the 2023 County
Joinder Agreement to Second Amended and Restated Joint Powers
Agreement of the Integrated Waste Management Authority, and take such
additional, related, action that may be desirable. [Public Works]
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 51
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
Government Code § 54956.9(d)(1)
Name of Case: Newton v. City of Atascadero
San Luis Obispo Superior Court Case No. 20CV-0046
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 51
ITEM NUMBER: A-1
DATE: 11/28/23
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, November 14, 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 Mayor Pro Tem Funk 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 and Senior
Planner Kelly Gleason.
APPROVAL OF AGENDA:
City Manager Lewis noted that the Fiscal Impact on the Agenda for Consent Calendar Item
#A-2 should read “Approving staff recommendations will result in estimated expenditures of
$6,620,008 in Wastewater Funds and $1,300,000 in Road Repair and Accountability Act
Funds (SB 1).”
City Council Regular Session: 6:00 P.M.
City Council Closed Session: Immediately
following conclusion
of the City Council
Regular Session
Page 6 of 51
ITEM NUMBER: A-1
DATE: 11/28/23
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.
A. CONSENT CALENDAR:
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.
MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem
Funk to approve the Consent Calendar. (#A-2: Contract Nos. 2023-
039 and 2023-040)
Motion passed 5:0 by a roll-call vote.
UPDATES FROM THE CITY MANAGER:
City Manager Lewis gave an update on projects, events, and issues within the City.
Page 7 of 51
ITEM NUMBER: A-1
DATE: 11/28/23
COMMUNITY FORUM:
The following persons spoke in-person by telephone or through the webinar: Dawn
Boulanger, Geoff Auslen, and Wendy Lewis
Mayor Moreno closed the COMMUNITY FORUM period.
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.
Ex Parte: None
Senior Planner Gleason gave the report and answered questions from the Council.
PUBLIC COMMENT:
The following persons spoke on this item: Geoff Auslen
Mayor Moreno closed the Public Comment period.
MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem
Funk to 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”.
Motion passed 5:0 by a roll-call vote.
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. SLO Regional Transit Authority (RTA)
Page 8 of 51
ITEM NUMBER: A-1
DATE: 11/28/23
Mayor Pro Tem Funk
1. Homeless Services Oversight Council
2. Integrated Waste Management Authority (IWMA)
Mayor Pro Tem noted she attended the IWMA Board Meeting, as alternate, in Council
Member Bourbeau’s absence.
Council Member Newsom
1. City / Schools Committee
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
a. Council Member Bourbeau reported that he received an email from Brenda
May looking for volunteers for the annual Coats for Kids drive. He asked
that anyone interested in volunteering email him for more information.
b. Mayor Pro Tem Funk requested reporting on an annual basis for Parks and
Recreation updates.
City Manager Lewis noted that staff would welcome the opportunity to provide updates to
the City Council and there was Council consensus to direct staff to provide annual updates
on Parks and Recreation activities in the City.
F. RECESS REGULAR MEETING TO CLOSED SESSION
Mayor Moreno recessed the Regular Meeting and called the Closed Session Meeting to
order at 6:42 p.m.
CITY COUNCIL CLOSED SESSION:
1. CLOSED SESSION — PUBLIC COMMENT: None
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
G. ADJOURN
Following Closed Session, the meeting was adjourned at 6:48pm; no reportable action.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
APPROVED:
Page 9 of 51
ITEM NUMBER: A-2 DATE: 11/28/23Page 10 of 51
CheckNumber Check Date Vendor Description Amount
City of AtascaderoDisbursement Listing
For the Month of October 2023
176169 10/20/2023 LEE WILSON ELECTRIC CO. INC 1,428.00Accounts Payable Check
176170 10/20/2023 LIFE ASSIST, INC. 387.87Accounts Payable Check
176171 10/20/2023 LONE MADRONE, BRISTOLS CIDER 370.00Accounts Payable Check
176172 10/20/2023 MARBORG INDUSTRIES 1,201.42Accounts Payable Check
176173 10/20/2023 MCCLATCHY SHARED SERVICES, LLC 896.73Accounts Payable Check
176174 10/20/2023 MICHAEL K. NUNLEY & ASSC, INC. 19,744.61Accounts Payable Check
176175 10/20/2023 MID-COAST MOWER & SAW, INC. 40.46Accounts Payable Check
176176 10/20/2023 MINER'S ACE HARDWARE 403.52Accounts Payable Check
176177 10/20/2023 MISSION UNIFORM SERVICE 28.30Accounts Payable Check
176178 10/20/2023 MOTOROLA SOLUTIONS, INC. 20,908.68Accounts Payable Check
176179 10/20/2023 NORTH COAST ENGINEERING INC. 380.00Accounts Payable Check
176180 10/20/2023 NORTH COUNTY BACKFLOW 535.00Accounts Payable Check
176181 10/20/2023 NRA FOUNDATION 175.00Accounts Payable Check
176182 10/20/2023 ODP BUSINESS SOLUTIONS, LLC 148.46Accounts Payable Check
176183 10/20/2023 PACIFIC GAS AND ELECTRIC 40,128.43Accounts Payable Check
176184 10/20/2023 PACIFIC OVERHEAD DOOR SERVICE 588.15Accounts Payable Check
176185 10/20/2023 PASO ROBLES FORD LINCOLN MERC 1,115.71Accounts Payable Check
176186 10/20/2023 PEAKWIFI, LLC 650.00Accounts Payable Check
176187 10/20/2023 PERRY'S PARCEL & GIFT 75.25Accounts Payable Check
176188 10/20/2023 PORTER CONSTRUCTION, INC. 39,710.00Accounts Payable Check
176189 10/20/2023 JULIA POSMOGA 352.66Accounts Payable Check
176190 10/20/2023 PROCARE JANITORIAL SUPPLY,INC. 294.01Accounts Payable Check
176191 10/20/2023 RAINSCAPE, A LANDSCAPE SVC CO. 2,609.00Accounts Payable Check
176192 10/20/2023 BRIAN S. RICKS 56.00Accounts Payable Check
176193 10/20/2023 CORBIN J. ROSSI 168.00Accounts Payable Check
176194 10/20/2023 ERIN K. ROULLARD 600.00Accounts Payable Check
176195 10/20/2023 THE SECRETARY OF STATE 40.00Accounts Payable Check
176196 10/20/2023 SECURITAS TECHNOLOGY CORPORATN 476.04Accounts Payable Check
176197 10/20/2023 SITEONE LANDSCAPE SUPPLY, LLC 805.05Accounts Payable Check
176198 10/20/2023 SLO COUNTY SHERIFF'S OFFICE 4,600.00Accounts Payable Check
176199 10/20/2023 SLO COUNTY TAX COLLECTOR 94.00Accounts Payable Check
176200 10/20/2023 SOUZA CONSTRUCTION, INC. 1,292,268.27Accounts Payable Check
176201 10/20/2023 SPEAKWRITE, LLC. 590.70Accounts Payable Check
176202 10/20/2023 SPECIALIZED EQUIPMENT REPAIR 539.61Accounts Payable Check
176203 10/20/2023 SWCA, INC. 283.75Accounts Payable Check
176204 10/20/2023 WILLIAM L. TEDONE 196.00Accounts Payable Check
176205 10/20/2023 CHRISTOPHER DANIEL THOMAS 112.00Accounts Payable Check
176206 10/20/2023 TOC PUBLIC RELATIONS, LLC 599.00Accounts Payable Check
176207 10/20/2023 TRIPEPI SMITH AND ASSC., INC. 4,000.00Accounts Payable Check
176213 10/20/2023 U.S. BANK 44,449.61Accounts Payable Check
176214 10/20/2023 VERDIN 20,443.65Accounts Payable Check
176215 10/20/2023 VERIZON WIRELESS 378.63Accounts Payable Check
176216 10/20/2023 VERNON CO. 2,418.02Accounts Payable Check
ITEM NUMBER: A-2
DATE: 11/28/23
ATTACHMENT: 1
Page 11 of 51
CheckNumber Check Date Vendor Description Amount
City of AtascaderoDisbursement Listing
For the Month of October 2023
176217 10/20/2023 VINO VICE, INC. 473.00Accounts Payable Check
176218 10/20/2023 VITAL RECORDS CONTROL 192.04Accounts Payable Check
176219 10/20/2023 WEST COAST AUTO & TOWING, INC. 225.00Accounts Payable Check
176220 10/20/2023 WHAT'S UP NORTH CO., LLC 2,250.00Accounts Payable Check
176221 10/20/2023 YEH AND ASSOCIATES, INC. 1,167.50Accounts Payable Check
176222 10/20/2023 YOUTH EVOLUTION SOCCER 3,591.00Accounts Payable Check
176223 10/25/2023 JOHN JONES CHRYSLER,DODGE,JEEP 297,720.00Accounts Payable Check
176224 10/25/2023 RAILROAD BBQ CO. 3,080.70Accounts Payable Check
4933 10/26/2023 ANTHEM BLUE CROSS HSA 9,187.43Payroll Vendor Payment
4934 10/26/2023 STATE DISBURSEMENT UNIT 283.84Payroll Vendor Payment
176225 10/26/2023 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment
176226 10/26/2023 ATASCADERO POLICE OFFICERS 2,249.75Payroll Vendor Payment
176227 10/26/2023 ATASCADERO PROF. FIREFIGHTERS 1,151.80Payroll Vendor Payment
176228 10/26/2023 EMPLOYMENT DEV. DEPARTMENT 4,273.00Payroll Vendor Payment
176229 10/26/2023 EMPOWER ANNUITY INS CO 8,125.58Payroll Vendor Payment
176230 10/26/2023 IAFF MERP 1,900.00Payroll Vendor Payment
176231 10/26/2023 MISSIONSQUARE 7,781.24Payroll Vendor Payment
176232 10/26/2023 NATIONWIDE RETIREMENT SOLUTION 961.85Payroll Vendor Payment
176233 10/26/2023 NAVIA BENEFIT SOLUTIONS 1,338.86Payroll Vendor Payment
4935 10/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,039.94Payroll Vendor Payment
4936 10/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 37,587.30Payroll Vendor Payment
4937 10/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,781.22Payroll Vendor Payment
4938 10/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,726.10Payroll Vendor Payment
4939 10/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,330.56Payroll Vendor Payment
4940 10/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 13,362.91Payroll Vendor Payment
4941 10/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 16,837.32Payroll Vendor Payment
4942 10/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,856.57Payroll Vendor Payment
4943 10/30/2023 SEIU LOCAL 620 823.38Payroll Vendor Payment
4944 10/31/2023 RABOBANK, N.A. 67,418.59Payroll Vendor Payment
4945 10/31/2023 EMPLOYMENT DEV DEPARTMENT 19,973.11Payroll Vendor Payment
4946 10/31/2023 EMPLOYMENT DEV. DEPARTMENT 2,602.82Payroll Vendor Payment
$ 3,822,182.14
ITEM NUMBER: A-2
DATE: 11/28/23
ATTACHMENT: 1
Page 12 of 51
ITEM NUMBER: A-3
DATE: 11/28/23
Atascadero City Council
Staff Report – Community Development Department
Ordinance Amending the Definitions of “Hotels” and “Motels” in
Title 9 of the Atascadero Municipal Code
RECOMMENDATION:
Council adopt on second reading a Draft Ordinance entitled: “An Ordinance Amending
the Definitions of ‘Hotels’ and ‘Motels’ in Title 9 of the Atascadero Municipal Code, Entitled
Planning & Zoning”, and take such additional, related, action that may be desirable.
DISCUSSION:
The proposed text amendment was heard at the November 14, 2023, City Council meeting.
The Council voted on a 5-0 vote to introduce the Draft Ordinance on first reading to amend
Title 9, Planning & Zoning, of the Atascadero Municipal Code (AMC). 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. In addition, a new code section
would be added to provide standards for hotels proposing full kitchen facilities.
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.
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:
There is no direct fiscal impact from the adoption of the proposed AMC text amendments.
ATTACHMENTS:
1. Draft Ordinance
Page 13 of 51
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
11/28/23
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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.
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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.
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INTRODUCED at a regular meeting of the City Council held on November 14, 2023, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of
California, on ___________, 2023.
CITY OF ATASCADERO:
____________________________________
Heather Moreno, Mayor
ATTEST:
_____________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Karl H. Berger, Interim City Attorney
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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 CUP CUP CUP CUP 9-6.163
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Auto Repair and
Services CUP A A CUP A A 9-6.168
Bar/Tavern CUP CUP CUP A
Bed and Breakfast CUP CUP CUP CUP
Brewery –
Production CUP CUP A A
Broadcast Studios A A
Building Materials
and Hardware w/
outdoor sales or
storage area
10,000 sf or
greater
CUP CUP CUP 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 CUP
Childcare Center A A A CUP 9-6.125
Churches and
Related Activities CUP CUP 9-6.121
Collection
Stations A4 A4 A4 A4 A4 A4 A4 A4 9-6.130
Contract
Construction
Services (Indoor) A A A A
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Contract
Construction
Services
(Outdoor)
CUP CUP CUP
Data and
Computer
Services Center AUP AUP CUP A A
Day Care
Drive-Through
Sales or Services CUP CUP CUP CUP CUP CUP 9-4.122
Eating and
Drinking Places A A A A A A A A A A
Farm Equipment
and Supplies w/
outdoor storage
or sales area
10,000 sf or
greater
CUP CUP CUP CUP CUP
Farm Equipment
and Supplies w/
outdoor storage
or sales area less
than 10,000 sf
A A A A A
Farmers’ Market CUP CUP CUP CUP CUP A A
Financial Services
and Banks A A A A A A CUP A
Fuel Dealer A4 CUP A4 A4 9-6.129
General Retail A4 A4 A4 A4 A4 A4 A4
General Retail
Greater than
50,000 sf CUP CUP CUP CUP CUP CUP CUP
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Government
Offices and
Facilities A A A A A A CUP
9 A A A
Health Care
Services A A A CUP A CUP
9 A
Horticultural
Specialties w/
outdoor storage
or sales area
10,000 sf or
greater
CUP CUP CUP CUP CUP CUP CUP 9-6.116
Horticultural
Specialties w/
outdoor sales or
storage area less
than 10,000 sf
A A A A A 9-6.116
Hotels, Motels CUP A A A CUP 9-6.185
Indoor Recreation
Services CUP CUP CUP A A CUP CUP CUP
Kennels CUP A 9-6.111
Large Family Day
Care CUP
8 CUP8 9-6.125
Large Scale Ag
Manufacturing CUP CUP A 9-6.103
Laundries and
Dry-Cleaning
Plants A A A A
Laundromat/Coin-
Operated Laundry CUP CUP CUP CUP CUP CUP A A
Libraries,
Museums A A A A A A
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Live/Work Unit A1
Manufacturing
and Processing –
High Intensity4 CUP CUP AUP AUP
Manufacturing
and Processing –
Low Intensity CUP CUP A A A A
Medical Extended
Care Services: 6
Residents or Less CUP CUP CUP CUP CUP CUP 9-6.134
Medical Extended
Care Services: 7
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 CUP CUP A A
Mobile Eating and
Drinking Vendors6 A A A A A A A A
Mixed-Use
Development CUP
1 CUP
1 CUP1 CUP
1 A1 A1
Mortuary Services A A A A
Multifamily
Dwelling CUP
2 CUP
2 CUP2 CUP
2 A1 A1
Offices A A A A A A CUP
9 A
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Outdoor
Recreation
Services CUP CUP A 9-6.123
Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP
Parks and
Playgrounds A A
Personal Service
Restricted A CUP CUP
Personal Services A A A A A CUP A
Printing and
Publishing CUP CUP A4 A4 A4
Public Assembly
and Entertainment CUP CUP A CUP CUP
RCFE – Assisted
Living CUP 9-6.135
RCFE –
Independent
Living/Senior
Apartments
CUP CUP CUP 9-6.135
RCFE – Retirement
Hotel CUP CUP CUP 9-6.135
Recreational
Vehicle Parks A 9-6.180
Recycling and
Scrap CUP CUP 9-6.131
Recycling Centers CUP CUP 9-6.132
Research and
Development CUP A A CUP A A A
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Residential Care: 6
Residents or Less A2 A2 9-6.135
Retail Sales –
Restricted A CUP CUP
Sales Lots CUP CUP CUP CUP 9-6.139
Schools A A A CUP CUP 9-6.125
Schools –
Business and
Vocational A A A A CUP CUP CUP CUP 9-6.125
Service Stations CUP CUP CUP CUP 9-6.164
Single-Family
Dwelling A1 A1
Single-Room
Occupancy Units CUP 9-6.184
Small Family Day
Care A8 A8 A8 A8 A8
Social and Service
Organizations A A A
Sports Assembly CUP CUP A
Storage,
Recycling and
Dismantling of
Vehicles and
Material
CUP A A 9-6.131
Tasting Room A CUP A A A A A A A A
Telecommunicatio
n Facility CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Temporary Events A/
CUP
3 CUP A/
CUP3
A/
CUP
3
A/
CUP3 A/
CUP3
A/
CUP
3
A/
CUP
3 A A 9-6.177
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Temporary Offices A A A 9-6.176
Temporary or
Seasonal Sales A A A A A A A A A 9-6.174
Transit Stations CUP CUP A CUP CUP CUP CUP CUP
Utility Facilities CUP CUP CUP CUP CUP CUP CUP CUP
Utility
Infrastructure A A CUP A A A CUP CUP A A
Vehicle and
Equipment
Storage (Indoor)4 A CUP A4 A4 9-6.183
Vehicle and
Equipment
Storage
(Outdoor)4
CUP
4 CUP
4 CUP
4 9-6.183
Vehicle and
Freight Terminals CUP CUP CUP
Warehousing CUP CUP A A
Wholesaling and
Distribution
Center4 AUP AUP A4 A4 A4 A4
Winery – Boutique A4 A4 A4 A4 A4 A4 A4
Winery –
Production CUP CUP A4 A4
Notes: (These notes apply only to Table 3-2).
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.
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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
CT – Commercial Tourist
CPK – Commercial Park
DC – Downtown Commercial
DO – Downtown Office
IP – Industrial Park
I – Industrial
Figure 3-1
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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.
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.”
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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”
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).
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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
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
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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.
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
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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”
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;
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• 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.
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
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
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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
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;
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• 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
(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.
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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,
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
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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.
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.
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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.
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;
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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
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
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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.
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
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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.
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”
Page 39 of 51
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
11/28/23
1A
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 shall be allowed as specified for each zoning
district.
(1) Wet bars, as defined in this Title, shall be permitted
(b) Hotels and motels may have full kitchens in up to 50% of the rooms/units subject to the
following:
(1) The hotel development must contain a minimum of 20 rooms/units
(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 40 of 51
ITEM NUMBER: A-4
DATE: 11/28/23
Atascadero City Council
Staff Report – Information Technology Department
Avtec Radio Console Replacement Project
RECOMMENDATIONS:
Council approve and authorize the expenditure of $107,000 for Avtec hardware, licensing,
and related equipment to replace the current radio console system for dispatching
emergency services with an updated radio console system from Applied Technology, and
take such additional, related, action that may be desirable.
DISCUSSION:
This project is to replace the current Avtec radio console system with an updated Avtec
radio console. The radio system is made up of 3 main components: The first component
is the actual radios that are in use by public safety personnel and employees along with
radios mounted in vehicles; next is the repeaters that are distributed throughout the region
to provide coverage for the radios to communicate over Atascadero’s diverse
geographical landscape; and the third and final component of the radio console system
is the interface and equipment that allows public safety dispatchers to communicate
across the entire radio system from their workstations.
The Avtec Media Workstations at the dispatch center are at the end of their useful lives
and therefore need replacement. Avtec was previously selected from a variety of radio
consoles by the Atascadero Police Department in 2013, and has proven to be reliable
and user-friendly since its installation. Staff has elected to continue using Avtec as the
radio console provider because of its proven reliability and user-friendly interface, and to
assist current dispatch staff by continuing to use a familiar system, which will eliminate
the need for new training. Additionally, many other local agencies have selected Avtec
for their radio console system, including the San Luis Obispo County Sheriff’s
Department, San Luis Obispo Police Department, and Pismo Beach Police Department.
Staff would like to select Applied Technology as the preferred vendor for Avtec hardware
and licensing for this replacement project. Applied Technology has previously installed
repeaters for the City of Atascadero’s radio system giving them detailed knowledge of the
installation sites and equipment. This knowledge and experience will save time and
money while providing a cohesive installation of the radio console. Additionally, having a
single vendor with familiarity of the entire radio system is beneficial to the City of
Atascadero for future service needs should there be any failures in these systems. Staff
has evaluated the pricing from Applied Technology for the Avtec equipment and licensing,
Page 41 of 51
ITEM NUMBER: A-4
DATE: 11/28/23
and finds the pricing to be reasonable. Section V, 3.1f of the Purchasing Policy allows an
exception to the formal RFP/RFQ process when extenuating circumstances exist.
Purchasing from Applied Technology is the most cost-effective approach, both now and
for the future for the reasons listed above. Staff would like to request an exemption from
the formal bidding procedures to allow the purchases of Avtec hardware and licensing
from Applied Technology.
This project will fund the replacement of all Avtec console positions and equipment related
with the radio console system with the current, supportable, P25-capable version. P25 is
an encryption protocol mandated by the State that will allow emergency responders to
securely communicate over the radio system to project criminal justice information. To
utilize the allocated budget in the most cost-effective way, staff has chosen to work with
multiple vendors to source the equipment and installation services.
The Police Department has been paying annual support to Avtec and will continue to do
so. Annual support is expected to increase a nominal amount.
CEQA DETERMINATION:
The project does not require additional environmental review 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). It is 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).
FISCAL IMPACT:
The fiscal impact of staff’s recommendation will be an expenditure of $107,000 in
budgeted General Funds, and a nominal increase in the annual support fee. Projected
project costs are in the following table.
ESTIMATED EXPENDITURES
Avtec hardware and software $ 107,000.00
City purchased hardware (servers, workstations, networking, etc.) $ 76,000.00
Installation labor $ 20,000.00
Total Estimated Expenditures $ 203,000.00
PROPOSED FUNDING
Budgeted General Fund $ 203,000.00
Total Proposed Funding Sources $ 203,000.00
Projected Net Surplus / (Shortfall) $ -
ATTACHMENTS:
None
Page 42 of 51
ITEM NUMBER: C-1
DATE: 11/28/23
Atascadero City Council
Staff Report – Public Works Department
Integrated Waste Management Authority – 2023 County Joinder
Amendment to Second Amended and Restated Joint Powers
Agreement
RECOMMENDATIONS:
Council adopt Draft Resolution to approve the 2023 County Joinder Agreement to Second
Amended and Restated Joint Powers Agreement of the Integrated Waste Management
Authority, and take such additional, related, action that may be desirable.
DISCUSSION:
Background
The Integrated Waste Management Authority (IWMA) is a Joint Powers Authority (JPA)
that was previously comprised of the County of San Luis Obispo (“County”), seven cities
(Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and
San Luis Obispo) and Community Services Districts (such as Heritage Ranch, San
Miguel, Nipomo, etc.) The IWMA was formed in 1994 and allows JPA members to pool
resources and cost-effectively comply with various State solid waste regulations. IWMA
staff administer over 40 different solid waste programs, including monitoring and reporting
to the State, household hazardous waste collection, electronics waste collection, sharps
disposal, and public education and outreach. The IWMA’s activities are funded through
solid waste management fees imposed on waste through payment of landfill tipping fee
surcharges and charges to the contract waste haulers.
On October 15, 2021, the County of San Luis Obispo Board of Supervisors voted to leave
the IWMA. Less than two years later, the Board of Supervisors gave direction to County
staff to initiate discussions with the San Luis Obispo County IWMA and its member
agencies to rejoin the IWMA. IWMA and County Department of Public Works (PW) staff
have met and discussed the necessary coordination to bring the County back into the
IWMA.
On June 14, 2023, the Board of Supervisors appointed an Ad Hoc Committee to work
with IWMA Staff and members of the County Board of Supervisors to discuss the
conditions and process of rejoining the IWMA and discuss representation on the IWMA
Board.
Page 43 of 51
ITEM NUMBER: C-1
DATE: 11/28/23
At the October 11, 2023, IWMA Board meeting, the Board of Directors for the San Luis
Obispo County Integrated Waste Management Authority voted to approve the Joinder
Agreement "as to form". This Joinder Amendment was prepared and delivered to County
Department of Public Works as a pathway for the Unincorporated County to rejoin the
IWMA.
The Joinder Amendment fundamentally addresses two issues.
1. It allows the County to rejoin the JPA with one seat and one vote on the IWMA Board;
2. It allows the IWMA Board to move the election of its officers to the beginning of the
year.
At the October 31, 2023, meeting, the County Board of Supervisors voted to approve
Resolution No. 2023-276 adopting the Second Amended and Restated Joint Powers
Agreement of the San Luis Obispo County Integrated Waste Management Authority as
amended by the 2023 County Joinder Amendment (Agreement), which enables the
County to rejoin as a member. In order for the County to rejoin IWMA, a majority of the
member agencies must adopt a resolution and enter into the Agreement. In summary,
the Agreement stipulates the following:
The IWMA would assume responsibility for the following tasks.
• Capacity Planning. (Edible Food and Organics Processing)
• Electronic Annual Reporting for County Areas
• Management of the NDFE (Non-disposal facility element)
• Management of the Siting Element
• SB 1383 Outreach and Education for unincorporated areas
• AB 939 programs for the unincorporated county areas
The IWMA would receive additional revenue from the following sources.
• Solid waste management fee from Unincorporated areas at 4.4%
• Increased revenue from the Land Fill Tipping Fee Surcharge from Unincorporated
areas
• Increase in Block Grant funding from CalRecycle
The County's return to the IWMA will be a benefit to the City, its rate payers and regional
agencies. Regionalism in solid waste provides an economy of scale, ensures consistent
education and outreach among member jurisdictions and locally has been a successful
means of meeting waste diversion and compliance since 1994.
FISCAL IMPACT:
There is no direct fiscal impact to the City. IWMA-related fees are a cost to solid waste
customers that are typically reflected in the rates paid at the landfill and for garbage
collection. Should the County be reinstated with IWMA, the ratepayers within the
unincorporated areas would pay 4.4%, the same rate as the City’s ratepayers.
Page 44 of 51
ITEM NUMBER: C-1
DATE: 11/28/23
ALTERNATIVE:
Council may choose to not to approve the 2023 County Joinder Agreement allowing the
County to be reinstated with the IWMA. Staff does not recommend this alternative
because it would prevent a true regional partnership with the County, cities and other
agencies and lessen the impact of education and outreach efforts to manage solid,
recycled and organic waste services.
ATTACHMENTS:
1. Draft Resolution
2. Exhibit A - 2023 County Joinder Amendment to the Second Amended and Restated
Joint Powers Agreement of Integrated Waste Management Authority
Page 45 of 51
ITEM NUMBER: B-1
DATE: 11/28/23
ATTACHMENT: 1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING 2023 COUNTY JOINDER
AMENDMENT TO THE SECOND AMENDED AND RESTATED JOINT
POWERS AGREEMENT OF THE INTEGRATED WASTE
MANAGEMENT AUTHORITY
WHEREAS, on May 10, 1994, an agreement was executed by and between the incorporated
cities of San Luis Obispo County (“Cities”) and the County of San Luis Obispo, forming a joint
powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Government
Code sections 6500 et seq.), for the purpose of facilitating the development of waste diversion
programs and projects that provide economies of scale without interfering with individual
agencies’ exercise of power within their own jurisdiction (hereinafter referred to as the “JPA
Agreement”); and
WHEREAS, pursuant to the JPA Agreement, the power to perform the responsibilities of
the Joint Powers Authority was vested in the San Luis Obispo County Integrated Waste
Management Authority Board of Directors (“IWMA Board”); and
WHEREAS, in or around 2001, a Memorandum of Agreement (“MOA”) was executed
by and between the Cities, the County of San Luis Obispo, and certain special districts within
San Luis Obispo County that possessed solid waste authority (“Authorized Districts”), amending
the JPA Agreement to include the Authorized Districts for representation on the IWMA Board,
which MOA was replaced on execution of the Second Amended and Restated JPA Agreement;
and
WHEREAS, the Board of Directors of the IMMA directed IWMA staff that on the
County of San Luis Obispo’s approval to rejoin the IWMA, to circulate the 2023 County Joinder
Amendment to the Second Amended and Restated JPA (“Joinder Amendment”) to the
Participating Agencies for approval (a true and correct copy of the 2023 County Joinder
Amendment to JPA is attached hereto as Exhibit A), including among the Authorized Districts
with representation on the Board through their designated representative; and
WHEREAS, the JPA Agreement, as last amended, authorized amendments to the JPA
Agreement on vote of a majority of the Members, and this resolution is intended to express the
approval of Members and acknowledged agreement of all other Participating Agencies; and
WHEREAS, the County wishes to join the Cities and the Authorized Districts (together
“Participating Agencies”) in confirming and conferring upon the IWMA as separate legal entity
the powers necessary to enable them to achieve their waste diversion goals and to comply with
the Integrated Waste Management Act, Assembly Bill 341, Assembly Bill 1826, Senate Bill
1383, and all current and future state-mandated laws, rules and regulations to the extent allowed
by law and as provided in the JPA Agreement; and
Page 46 of 51
ITEM NUMBER: B-1
DATE: 11/28/23
ATTACHMENT: 1
WHEREAS, the City Council of the City of Atascadero desires to acknowledge, accept,
and agree to be bound by the terms and conditions of the Joinder Amendment to the Second
Amended and Restated JPA.
NOW, THEREFORE IT IS HEREBY RESOLVED, by the City Council of the City of
Atascadero, that the City of Atascadero acknowledges, accepts, and agrees to be bound by the
terms and conditions of the Joinder Amendment to the Second Amended and Restated JPA.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___ day of
____, 2023.
On motion by Council Member ______ and seconded by Council Member _______, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO:
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, Interim City Attorney
Page 47 of 51
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
11/28/23
1A
EXHIBIT “A”
2023 COUNTY JOINDER AMENDMENT TO THE SECOND AMENDED AND
RESTATED JOINT POWERS AGREEMENT OF THE INTEGRATED WASTE
MANAGEMENT AUTHORITY
This County Joinder Amendment (“County Joinder”), dated _______________, 2023, to the
SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT (“2022 JPA
Agreement”) is by and between the incorporated cities of Arroyo Grande, Atascadero, El Paso de
Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal
corporations of the State of California and located within the boundaries of the County of San Luis
Obispo California, (collectively, the “Cities”) and the County of San Luis Obispo, by its joinder
herein.
A. On or about May 10, 1994, an agreement was executed by and between the Cities and
the County of San Luis Obispo forming a joint powers authority pursuant to the provisions of the
Joint Exercise of Powers Act (the “Original JPA Agreement”), through which such member agencies
created and established a public entity identified as the San Luis Obispo County Integrated Waste
Management Authority (“IWMA”).
B. On or around 2001, the Cities, County, and certain special districts within the County
(“Authorized Districts”) executed a Memorandum of Agreement (“MOA”) amending the Original
JPA Agreement to include the Authorized Districts for representation on the IWMA Board.
C. On or about November 15, 2021, the County withdrew from the IWMA, after which
the remaining Cities and Authorized Districts elected to reestablish and continue the IWMA, on the
terms set forth in the Second Amended and Restated Joint Powers Agreement of the Integrated Waste
Management Authority, which was adopted by the participating agencies in 2022 (“2022 JPA
Agreement”).
D. On or about October 31, 2023, the County officially elected to rejoin the IWMA,
including on the terms set forth the 2022 JPA Agreement, as amended hereby.
Based on the foregoing, the Cities, Authorized Districts, including the County through its
joinder, hereby agree to the following amendments to the 2022 JPA Agreement reflecting the
County’s joinder.
1. Title Amendment and List of Participating Agencies Attachment. The Title of the 2022 JPA
shall be amended to read “Second Amended and Restated Joint Powers Agreement to Establish an
Integrated Waste Management Authority.” The List of Participating Agencies attached to the 2022
JPA Agreement is replaced with the list attached to this Joinder Amendment.
2. Definitions. Section 1, entitled, “Definitions” shall be amended to include the following new
definitions or amended definitions.
Page 48 of 51
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
11/28/23
1A
A. County shall be added as a definition. “County” means any unincorporated areas of
the County of San Luis Obispo.
B. The following referenced definitions replace those of the same number in the 2022
JPA Agreement in their entirety.
“1.17 “Members” means the Cities and the County who are members of this regional agency,
formed pursuant to Public Resources Code section 40970 et seq, and the one (1) Authorized District
Representative pursuant to Public Resources Code section 40977.”
“1.18 “Participating Agency” or “Participating Agencies” means and shall include the Cities,
the County and the Authorized Districts who are signatories to this Agreement, including by way of
joinder, delegating powers to the Authority pursuant to this Agreement, and participating in the
governance of the IWMA.”
C. Notwithstanding the foregoing, the definition of “MRF”, was inadvertently included
within the definition of “Members”, in the 2022 JPA Agreement, and such definition shall remain the
definition of “MRF” and is not deleted.
3. Section 8, entitled “Boundaries” is amended and restated in its entirety to read:
“Section 8. Boundaries. The boundaries of the Authority shall be the boundaries of the
collective Participating Agencies. If a Participating Agency withdraws from the Authority, the
boundaries shall be modified to exclude the area of the withdrawing agency. If a qualified agency
joins the Authority, the boundaries shall be modified to include the area of the joining Participating
Agency. Section 8 shall not prevent the Authority’s use and/or operation of facilities outside of its
boundaries within the County of San Luis Obispo.”
4. Section 9, entitled “Organization” shall be amended to include a new paragraph 9.2(g) to read
as follows:
“(g) County. The County shall be entitled to appoint one representative to the Authority
which representative shall consist of one (1) member from Board of Supervisors. The County
may elect to have an alternate member from the Board of Supervisors in addition to any
official member but said appointed alternate shall be able to vote only in the absence of the
official representative.”
5. County Joinder. The County hereby joins the IWMA pursuant to the terms and conditions in
the 2022 JPA Agreement as amended hereby, and the undersigned hereby consent.
6. Omnibus Change. Wherever references to “Cities” is used or “Cities and Authorized
Districts”, are used in the 2022 JPA Agreement, including in its recitals, such references shall
expressly be read to include the County unless context expressly dictates otherwise.
7. Ratification. The 2022 JPA Agreement is hereby ratified and confirmed and shall continue
in full force and effect in accordance with its terms and provisions, as amended hereby.
8. Effective Date. This Joinder Amendment shall take effect when adopted by each of the Cities,
the County, with the Authorized Districts consenting to the joinder of the County, as evidenced by
Page 49 of 51
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
11/28/23
1A
their execution pursuant to resolutions of such governing bodies authorizing such execution and shall
remain in full force and effect until dissolved pursuant to the provisions herein. This Joinder
Amendment may be executed in counterparts which together shall constitute a single agreement.
Electronically executed signatures may be accepted in lieu of originals if a member agency has
authorized electronic signatures through policy or otherwise.
By: ________________________________ Date ______________________
Heather Moreno, Mayor
By: ________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: _________________________________
Karl H. Berger, Interim City Attorney
Page 50 of 51
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
11/28/23
1A
PARTICIPATING AGENCIES
CITIES
Arroyo Grande
Atascadero
El Paso de Robles
Grover Beach
Morro Bay
Pismo Beach
San Luis Obispo
COUNTY
The County of San Luis Obispo
AUTHORIZED DISTRICTS
Avila Beach CSD
California Valley CSD
Cambria CSD
Cayucos Sanitary District
Ground Squirrel Hollow CSD
Heritage Ranch CSD
Los Osos CSD
Nipomo CSD
Oceano CSD
San Miguel CSD
San Simeon CSD
Templeton CSD
Page 51 of 51