HomeMy WebLinkAboutCC_2024_02_27_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA
HYBRID MEETING INFORMATION:
The City Council meeting will be available via teleconference for those who wish to participate remotely. The
City Council meeting will also be held in the City Council Chambers and in-person attendance will be available
at that location.
HOW TO OBSERVE THE MEETING REMOTELY:
To participate remotely, residents can livestream the meeting on Zoom, SLO-SPAN.org, on Spectrum cable Channel
20 in Atascadero, and listen live on KPRL Radio 1230AM and 99.3FM. The video recording of the meeting will repeat
daily on Channel 20 at 1:00 am, 9:00 am, and 6:00 pm and will be available through the City’s website and on the
City’s YouTube Channel. To participate remotely using the Zoom platform please visit:
https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA
HOW TO SUBMIT PUBLIC COMMENT:
Public comment may be provided in-person or remotely. Call (669) 900-6833 (Meeting ID: 889 2347 9018) to
listen and provide public comment via phone or via the Zoom platform using the link above.
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,
posted on the City’s website, and be made part of the official public record of the meeting. Please note, comments will not
be read into the record. Please be aware that communications sent to the City Council are public records and are subject
to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under applicable
law. Communications will not be edited for redactions and will be printed/posted as submitted.
AMERICAN DISABILITY ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City Clerk’s Office at
cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when
services are needed. The City will use their best efforts to provide reasonable accommodations to afford as
much accessibility as possible while also maintaining public safety in accordance with the City procedure for
resolving reasonable accommodation requests.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in
any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts),
franchises, discretionary land use permits and other entitlements if the City Council Member received more
than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor,
or any financially interested participant who actively supports or opposes the City’s decision on the agenda
item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or
their agents who have made, campaign contributions totaling more than $250 to a City Council Member since
January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures
must include the amount of the campaign contribution and identify the recipient City Council Member and may
be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.
City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org/agendas
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda
are on file in the office of the City Clerk and are available for public inspection on our website,
www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are
approved by the City Council. The Minutes of this meeting will reflect these numbers. All documents submitted
by the public during Council meetings that are made a part of the record or referred to in their statement will
be noted in the Minutes and available for review by contacting the City Clerk's office. All documents will be
available for public inspection by appointment during City Hall business hours.
Page 1 of 121
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, February 27, 2024
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.
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 – February 13, 2024 Regular Meeting
▪ Recommendation: Council approve the February 13, 2024, Draft City Council
Regular Meeting Minutes. [City Clerk]
2. January 2024 Accounts Payable and Payroll
▪ Fiscal Impact: $4,913,871.60.
▪ Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for January 2024. [Administrative Services]
City Council Regular Session: 6:00 P.M.
Page 2 of 121
3. Santa Lucia Road Pavement Rehabilitation Project (Segments B & C) Design
Engineering Services Contract
▪ Fiscal Impact: This project is included in the adopted FY 2023-2025 budget
and includes $3,000,000 in a combination of Local Transportation Funds,
Urban State Highway Account funds, and Road Repair and Accountability Act
(SB 1) funds.
▪ Recommendation: Council award a professional services agreement for
$225,300 with Rick Engineering Company to provide design engineering and
construction plan preparation services for the Santa Lucia Road (Segments B
and C) Pavement Rehabilitation Project (Project No. C2023R02).
[Public Works]
4. El Camino Real Downtown Infrastructure Enhancement Project Design
Contract Amendment
▪ Fiscal Impact: $76,680.
▪ Recommendation: Council approve a contract amendment with Wallace
Group, in the amount of $76,680, for additional work associated with design
engineering and construction document preparation for the El Camino Real
Downtown Infrastructure Enhancement Project (Project No. C2017T01).
[Public Works]
5. Acceptance of Request for Rescission of Development Entitlements Under
Conditional Use Permit USE21-0107 and Rescission of Resolution No. 2023-071
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt Draft Resolution accepting request for
rescission of development entitlements at 6805 Sycamore Road under
Conditional Use Permit USE21-0107 and rescinding Resolution No. 2023-071.
[City Attorney & Community Development]
B. RISK MANAGEMENT:
1. 2023 Risk Management Update
▪ Fiscal Impact: None
▪ Recommendation: Council receive and file the 2022-23 Risk Management
update. [City Manager]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation. Comments made during Community Forum will not be a
subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Comments will be allowed for the entire 30-minute period
so if the final speaker has finished before the 30-minute period has ended and a member of
the public wishes to make a comment after the Council has commenced another item, the
member should alert the Clerk within the 30-minute period of their desire to make a comment
and the Council will take up that comment upon completion of the item which was
commenced. Any members of the public who have questions or need information may
contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00 p.m. at (805) 470-
3400, or cityclerk@atascadero.org.) Page 3 of 121
C. PUBLIC HEARINGS:
1. 2024 Community Development Block Grant Funding Recommendations
▪ Fiscal Impact: $134,205 of CDBG funds.
▪ Recommendation: Council review and approve funding recommendations for
the 2024 Community Development Block Grant (CDBG) program as shown
below and authorize staff to adjust award amounts proportionately upon
receipt of the final funding amount.
[Public Works]
2. Text Amendments to Title 3: Finance and Title 9: Planning & Zoning
▪ Fiscal Impact: None.
▪ Recommendation: Planning Commission recommends Council introduce, by
title only, and waive first reading of Draft Ordinance entitled: “An Ordinance of
the City Council of the City of Atascadero, California, Amending Various
Chapters and Sections Within Title 3: Finance and Title 9: Planning & Zoning,
of the Atascadero Municipal Code for General Plan and Processing
Consistency and to Provide Clarity Related to Development Standards and
Land Use Definitions.” [Community Development]
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their
own activities. The following represent standing committees. Informative status
reports will be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Regional Economic Action Coalition (REACH)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
Council Member Bourbeau
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
AWARD
AMOUNT
PUBLIC FACILITIES (PF) & HOUSING PROJECTS (HP) CATEGORY (65% Min.)
1.CITY OF ATASCADERO - Viejo Camino Sidewalk and ADA Improvements 87,233$
87,233$
1.CITY OF ATASCADERO - Youth Activity Scholarships 12,500$
2.EL CAMINO HOMELESS ORGANIZATION (ECHO) - Operation of Homeless Shelter 7,631$
3.5 CITIES HOMELESS COALITION - Subsistence Payments, Homeless Assistance, & Security Deposits -$
20,131$
1.SLO COUNTY - Program Adminstration (13%)17,447$
2.CITY OF ATASCADERO - Program Adminstration (7%)9,394$
26,841$
134,205$
Subtotal:
Total:
CDBG CATEGORIES & APPLICATIONS
Subtotal:
PUBLIC SERVICES CATEGORY (15% Max.)
Subtotal:
ADMINISTRATION (20% Max.)
Page 4 of 121
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
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
ADJOURNMENT
Page 5 of 121
ITEM NUMBER: A-1
DATE: 02/27/24
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, February 13, 2024
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
CITY COUNCIL CLOSED SESSION:
Mayor Moreno called Closed Session to order at 5:30 p.m.
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
Government Code Sec. 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
5. COUNCIL RETURNS
6. CLOSED SESSION — REPORT, if any
City Attorney Fleishman reported that there was no reportable action from Closed Session.
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:02 p.m. and Mayor Pro Tem Funk led the
Pledge of Allegiance.
City Council Closed Session: 5:30 P.M.
City Council Regular Session: 6:00 P.M.
Page 6 of 121
ITEM NUMBER: A-1
DATE: 02/27/24
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, Community Services
& Promotions Director Terrie Banish, Fire Chief Casey Bryson, Police
Chief Dan Suttles, Public Works Director Nick DeBar, City Attorney Dave
Fleishman, Deputy City Manager/City Clerk Lara Christensen, Deputy
City Manager – IT Luke Knight, Deputy Public Works Director Ryan
Hayes, and Assistant Planner Sam Mountain.
APPROVAL OF AGENDA:
MOTION BY: Bourbeau
SECOND BY: Funk
1. Approve this agenda.
2. Waive the reading in full of all ordinances appearing on this agenda; titles of the
ordinances will be read aloud by the City Clerk at the first reading, after the motion
and before the City Council votes.
AYES (5): Bourbeau, Dariz, Funk, Newsom, and Moreno
Passed 5-0
A. CONSENT CALENDAR:
1. City Council Draft Minutes – January 23, 2024
▪ Recommendation: Council approve the January 23, 2024, Draft City Council
Regular Meeting Minutes. [City Clerk]
2. Proclamation of Existence of a Local Emergency Related to the Early
February 2024 Storms
▪ Fiscal Impact: Proclaiming the existence of a local emergency due to the Early
February 2024 Storms allows the City to pursue FHWA funding for the San
Marcos landslide, which is estimated to cost between $500,000 and
$1,000,000 to repair.
▪ Recommendation: Council adopt Draft Resolution proclaiming the existence
of a local emergency related to the Early February 2024 Storms.
[City Manager & Public Works]
MOTION BY: Funk
SECOND BY: Newsom
1. Approve the consent calendar (#A-2: Resolution No. 2024-002).
AYES (5): Bourbeau, Dariz, Funk, Newsom, and Moreno
Passed 5-0
Page 7 of 121
ITEM NUMBER: A-1
DATE: 02/27/24
UPDATES FROM THE CITY MANAGER:
City Manager Lewis gave an update on projects and events within the City.
COMMUNITY FORUM:
The following persons spoke by telephone or through the webinar: Geoff Auslen.
B. PUBLIC HEARINGS:
1. Appeal of ARCO Canopy Signage Use Permit at 9590 El Camino Real
▪ Fiscal Impact: The proposed project is not estimated to have any notable fiscal
impact.
▪ Recommendation: Council:
1. Adopt Draft Resolution A, affirming the Planning Commission’s approval of
an Administrative Use Permit to allow increased signage at 9590 El Camino
Real.
OR
2. Adopt Draft Resolution B, affirming in part the Planning Commission’s
approval of an Administrative Use Permit to allow increased signage at
9590 El Camino Real, with modifications to the conditions of approval.
[Community Development]
Ex-Parte: Council Members Newsom and Dariz reported being a part of the initial review of
the project as part of the Design Review Committee. There was no additional ex-parte.
Community Development Director Dunsmore gave the report and answered questions from
the Council.
David Bartle, representing the applicant team, made a presentation and answered questions
from the Council. He also provided the Council with copies of photos used in his
presentation (Exhibit A).
PUBLIC COMMENT:
The following persons spoke on this item: Zachary Delos Reyes
Mayor Moreno closed the Public Comment period.
MOTION BY: Moreno
SECOND BY: Dariz
1. Adopt Resolution No. 2024-003, affirming the Planning Commission’s approval of
an Administrative Use Permit to allow increased signage at 9590 El Camino Real.
AYES (4): Dariz, Funk, Newsom, and Moreno
NOES (1): Bourbeau
Passed 4-1
C. MANAGEMENT REPORTS: None
Page 8 of 121
ITEM NUMBER: A-1
DATE: 02/27/24
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. City Selection Committee
2. SLO Council of Governments (SLOCOG)
Mayor Pro Tem Funk
1. Design Review Committee
2. Homeless Services Oversight Council
Council Member Bourbeau
1. Integrated Waste Management Authority (IWMA)
Council Member Dariz
3. Community Action Partnership of San Luis Obispo (CAPSLO)
4. Design Review Committee
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURNMENT
Mayor Moreno adjourned the meeting at 7:13 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
Exhibit A: Photos
APPROVED:
Page 9 of 121
ITEM NUMBER: A-1
DATE: 02/27/24
ATTACHMENT: 1A
Page 10 of 121
ITEM NUMBER: A-1
DATE: 02/27/24
ATTACHMENT: 1A
Page 11 of 121
ITEM NUMBER: A-1
DATE: 02/27/24
ATTACHMENT: 1A
Page 12 of 121
ITEM NUMBER: A-1
DATE: 02/27/24
ATTACHMENT: 1A
Page 13 of 121
ITEM NUMBER: A-1
DATE: 02/27/24
ATTACHMENT: 1A
Page 14 of 121
ITEM NUMBER: A-1
DATE: 02/27/24
ATTACHMENT: 1A
Page 15 of 121
ITEM NUMBER: A-1
DATE: 02/27/24
ATTACHMENT: 1A
Page 16 of 121
ITEM NUMBER: A-1
DATE: 02/27/24
ATTACHMENT: 1A
Page 17 of 121
S-T"fi»Si'T1»7arAtascadero City CouncilStaff Report- Administrative Services DepartmentJanuary 2024 Accounts Payable and PayrollRECOMMENDATION:Council approve certified City accounts payable, payroll and payroll vendor checks forJanuary 2024.DISCUSSION:Attached for City Council review and approval are the following:PayrollDated 1/4/24 Checks # 35955-35961 $ 6,146.35Direct Deposits 372,802.65Dated 1/18/24 Checks # 35962-35974 11,581.76Direct Deposits 436,408.91Accounts PayableDated 1/1/24-1/31/24 Checks # 176818 -177067& EFTs 5004-5036TOTAL AMOUNTFISCAL IMPACT:Total expenditures for all funds is4,086,931.93$ 4,913,871.60$ 4,913,871.60CERTIFICATION:The undersigned certifies that the attached demands have been released forpayment and that funds are available for these demands.lri|Rangel)lcek^'kn^ C1^^iFe?ctor of Administrative ServicesATTACHMENT:January 2024 Eden Warrant Register in the amount of$ 4,086,931.93ITEM NUMBER: A-2 DATE: 02/27/24Page 18 of 121
Check
Number Check Date Vendor Descripton Amount
City of Atascadero
Disbursement Listng
For the Month of January 2024
176818 01/02/2024 WEX BANK - BUSINESS UNIVERSAL 12,508.13Accounts Payable Check
176819 01/02/2024 WEX BANK - WEX FLEET UNIVERSAL 7,818.53Accounts Payable Check
5004 01/04/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 20.24Accounts Payable Check
5005 01/04/2024 ANTHEM BLUE CROSS HSA 22,414.67Payroll Vendor Payment
5006 01/04/2024 STATE DISBURSEMENT UNIT 283.84Payroll Vendor Payment
5019 01/04/2024 MCGRIFF INSURANCE SERVICE TRUIST INSURANCE HOLIDNGS LLC 1,422.94Payroll Vendor Payment
176820 01/04/2024 ANTHEM BLUE CROSS HEALTH 227,912.46Payroll Vendor Payment
176821 01/04/2024 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment
176822 01/04/2024 ATASCADERO POLICE OFFICERS 2,249.75Payroll Vendor Payment
176823 01/04/2024 ATASCADERO PROF. FIREFIGHTERS 1,151.80Payroll Vendor Payment
176824 01/04/2024 EMPOWER ANNUITY INS CO 7,626.29Payroll Vendor Payment
176825 01/04/2024 IAFF MERP 1,900.00Payroll Vendor Payment
176826 01/04/2024 MISSIONSQUARE 9,420.54Payroll Vendor Payment
176827 01/04/2024 NATIONWIDE RETIREMENT SOLUTION 466.40Payroll Vendor Payment
5007 01/05/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,933.76Payroll Vendor Payment
5008 01/05/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 35,159.42Payroll Vendor Payment
5009 01/05/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,756.82Payroll Vendor Payment
5010 01/05/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,811.62Payroll Vendor Payment
5011 01/05/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,660.19Payroll Vendor Payment
5012 01/05/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 11,209.38Payroll Vendor Payment
5013 01/05/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 16,868.73Payroll Vendor Payment
5014 01/05/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 24,653.60Payroll Vendor Payment
5015 01/08/2024 SEIU LOCAL 620 923.84Payroll Vendor Payment
5016 01/09/2024 RABOBANK, N.A. 66,482.16Payroll Vendor Payment
5017 01/09/2024 EMPLOYMENT DEV DEPARTMENT 21,231.32Payroll Vendor Payment
5018 01/09/2024 EMPLOYMENT DEV. DEPARTMENT 3,153.16Payroll Vendor Payment
176828 01/12/2024 13 STARS MEDIA 204.82Accounts Payable Check
176829 01/12/2024 2 MEXICANS, LLC 27,048.00Accounts Payable Check
176830 01/12/2024 ADDICTION MEDICINE CONSULTANTS 51.00Accounts Payable Check
176831 01/12/2024 ALL SIGNS AND GRAPHICS, INC. 3,848.76Accounts Payable Check
176832 01/12/2024 ALLIANT INSURANCE SERVICES INC 370.00Accounts Payable Check
176833 01/12/2024 ALPHA ELECTRIC SERVICE 332.12Accounts Payable Check
176834 01/12/2024 ALTHOUSE & MEADE, INC. 1,431.97Accounts Payable Check
176835 01/12/2024 AMERICAN WEST TIRE & AUTO INC 628.20Accounts Payable Check
176836 01/12/2024 AT&T 805.11Accounts Payable Check
176838 01/12/2024 AT&T 1,553.05Accounts Payable Check
176839 01/12/2024 AT&T 31.49Accounts Payable Check
176840 01/12/2024 ATASCADERO CHAMBER OF COMMERCE 66,873.50Accounts Payable Check
176841 01/12/2024 ATASCADERO GIRLS SOFTBALL 405.00Accounts Payable Check
176842 01/12/2024 ATASCADERO LITTLE LEAGUE 125.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/27/24
ATTACHMENT: 1
Page 19 of 121
Check
Number Check Date Vendor Descripton Amount
City of Atascadero
Disbursement Listng
For the Month of January 2024
176843 01/12/2024 ATHLETIC STUFF 385.41Accounts Payable Check
176844 01/12/2024 AVILA TRAFFIC SAFETY 302.50Accounts Payable Check
176845 01/12/2024 TERRIE BANISH 300.00Accounts Payable Check
176846 01/12/2024 BAY AREA DRIVING SCHOOL, INC. 34.99Accounts Payable Check
176847 01/12/2024 KEITH R. BERGHER 417.50Accounts Payable Check
176848 01/12/2024 TOM BIRKENFELD 60.00Accounts Payable Check
176849 01/12/2024 BREZDEN PEST CONTROL, INC. 70.00Accounts Payable Check
176850 01/12/2024 CA BUILDING STANDARDS COMM. 153.00Accounts Payable Check
176851 01/12/2024 CALACT 800.00Accounts Payable Check
176852 01/12/2024 CANNON 60,252.50Accounts Payable Check
176853 01/12/2024 CHARTER COMMUNICATIONS 1,964.22Accounts Payable Check
176854 01/12/2024 CITY OF ATASCADERO 1,081.50Accounts Payable Check
176855 01/12/2024 CLEATH-HARRIS GEOLOGISTS, INC. 3,933.50Accounts Payable Check
176856 01/12/2024 CLEVER CONCEPTS, INC. 49.95Accounts Payable Check
176857 01/12/2024 COLE FARMS, INC. 1,338.48Accounts Payable Check
176858 01/12/2024 COUNTY OF SAN LUIS OBISPO 66.00Accounts Payable Check
176859 01/12/2024 CULLIGAN SANTA MARIA 367.70Accounts Payable Check
176860 01/12/2024 DAN BIDDLE PEST CONTROL SERVIC 135.00Accounts Payable Check
176861 01/12/2024 NICHOLAS DEBAR 300.00Accounts Payable Check
176862 01/12/2024 DEEP BLUE INTEGRATION, INC. 540.00Accounts Payable Check
176863 01/12/2024 DELTA LIQUID ENERGY 746.87Accounts Payable Check
176864 01/12/2024 DEPARTMENT OF CONSERVATION 594.00Accounts Payable Check
176865 01/12/2024 DIVISION OF STATE ARCHITECT 70.40Accounts Payable Check
176866 01/12/2024 PHILIP DUNSMORE 300.00Accounts Payable Check
176867 01/12/2024 EL CAMINO CAR WASH 64.99Accounts Payable Check
176868 01/12/2024 EL CAMINO HOMELESS ORG. 15,000.00Accounts Payable Check
176869 01/12/2024 EXECUTIVE JANITORIAL 3,500.00Accounts Payable Check
176870 01/12/2024 FENCE FACTORY ATASCADERO 4,800.62Accounts Payable Check
176871 01/12/2024 FERGUSON ENTERPRISES, LLC 126.08Accounts Payable Check
176872 01/12/2024 FERRELL'S AUTO REPAIR 2,335.25Accounts Payable Check
176873 01/12/2024 FGL ENVIRONMENTAL 3,441.00Accounts Payable Check
176874 01/12/2024 FILIPPIN ENGINEERING, INC. 104,078.65Accounts Payable Check
176875 01/12/2024 GAS COMPANY 24.12Accounts Payable Check
176876 01/12/2024 GHS PARTS, INC. 114.63Accounts Payable Check
176877 01/12/2024 KELLY GLEASON 158.84Accounts Payable Check
176878 01/12/2024 HART IMPRESSIONS PRINTING 1,121.57Accounts Payable Check
176879 01/12/2024 KELLIE K. HART 109.20Accounts Payable Check
176880 01/12/2024 INGLIS PET HOTEL 2,500.00Accounts Payable Check
176881 01/12/2024 INTOXIMETERS, INC. 4,160.32Accounts Payable Check
176882 01/12/2024 IRON MOUNTAIN RECORDS MGMNT 328.22Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/27/24
ATTACHMENT: 1
Page 20 of 121
Check
Number Check Date Vendor Descripton Amount
City of Atascadero
Disbursement Listng
For the Month of January 2024
176883 01/12/2024 J. CARROLL CORPORATION 4,278.03Accounts Payable Check
176884 01/12/2024 DILLON DEAN JAMES 590.23Accounts Payable Check
176885 01/12/2024 JEFF & TONY'S DSD, LLC 522.04Accounts Payable Check
176886 01/12/2024 JK'S UNLIMITED, INC. 155.00Accounts Payable Check
176887 01/12/2024 JOEBELLA COFFEE ROASTERS 87.50Accounts Payable Check
176888 01/12/2024 LANTERN PRESS 473.88Accounts Payable Check
176889 01/12/2024 LEE WILSON ELECTRIC CO. INC 24,158.00Accounts Payable Check
176890 01/12/2024 JAMES R. LEWIS 300.00Accounts Payable Check
176891 01/12/2024 LIFE ASSIST, INC. 1,208.98Accounts Payable Check
176892 01/12/2024 LINDE GAS & EQUIPMENT INC. 67.50Accounts Payable Check
176893 01/12/2024 GABRIELLE LINDMEIER 32.10Accounts Payable Check
176894 01/12/2024 EBONY LUCIEN 179.99Accounts Payable Check
176895 01/12/2024 ANNETTE MANIER 8.52Accounts Payable Check
176896 01/12/2024 MARBORG INDUSTRIES 107.55Accounts Payable Check
176897 01/12/2024 MICHAEL K. NUNLEY & ASSC, INC. 5,434.69Accounts Payable Check
176898 01/12/2024 MID-COAST MOWER & SAW, INC. 189.21Accounts Payable Check
176899 01/12/2024 MINER'S ACE HARDWARE 50.01Accounts Payable Check
176900 01/12/2024 HECTOR MIRANDA 244.68Accounts Payable Check
176901 01/12/2024 MV TRANSPORTATION, INC. 12,035.86Accounts Payable Check
176902 01/12/2024 NBS 7,917.08Accounts Payable Check
176903 01/12/2024 KELLYE R. NETZ 190.00Accounts Payable Check
176904 01/12/2024 NEW TIMES 383.00Accounts Payable Check
176907 01/12/2024 PACIFIC GAS AND ELECTRIC 69,460.65Accounts Payable Check
176908 01/12/2024 PARDIN ENTERPRISES 10,715.00Accounts Payable Check
176909 01/12/2024 WARREN PITTENGER 281.70Accounts Payable Check
176910 01/12/2024 PORTER CONSTRUCTION, INC. 95,630.00Accounts Payable Check
176911 01/12/2024 PROCARE JANITORIAL SUPPLY,INC. 934.84Accounts Payable Check
176912 01/12/2024 PROFORCE LAW ENFORCEMENT 11,253.70Accounts Payable Check
176913 01/12/2024 RAINSCAPE, A LANDSCAPE SVC CO. 13,784.00Accounts Payable Check
176914 01/12/2024 JERI RANGEL 300.00Accounts Payable Check
176915 01/12/2024 RICHARD COWELL TACTICAL, LLC 651.50Accounts Payable Check
176916 01/12/2024 S. CARLSON'S PLUMBING, INC. 215.00Accounts Payable Check
176917 01/12/2024 SAFARI LTD. 222.27Accounts Payable Check
176918 01/12/2024 SECURITAS TECHNOLOGY CORPORATN 476.04Accounts Payable Check
176919 01/12/2024 THE SHERWIN-WILLIAMS COMPANY 30.87Accounts Payable Check
176920 01/12/2024 SITEONE LANDSCAPE SUPPLY, LLC 685.95Accounts Payable Check
176921 01/12/2024 SLO CO AUDITOR CONTROLLER 50.00Accounts Payable Check
176922 01/12/2024 SOUZA CONSTRUCTION, INC. 892,372.80Accounts Payable Check
176923 01/12/2024 SPECIALIZED EQUIPMENT REPAIR 1,860.33Accounts Payable Check
176924 01/12/2024 STATE WATER RES CONTROL BOARD 3,109.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/27/24
ATTACHMENT: 1
Page 21 of 121
Check
Number Check Date Vendor Descripton Amount
City of Atascadero
Disbursement Listng
For the Month of January 2024
176925 01/12/2024 KURT W. STONE 1,200.00Accounts Payable Check
176926 01/12/2024 SWCA, INC. 3,021.41Accounts Payable Check
176927 01/12/2024 MADELINE M. TAYLOR 86.40Accounts Payable Check
176928 01/12/2024 TEMPLETON UNIFORMS, LLC 682.72Accounts Payable Check
176929 01/12/2024 THOMSON REUTERS - WEST 201.99Accounts Payable Check
176930 01/12/2024 KARL O. TOERGE 168.00Accounts Payable Check
176931 01/12/2024 TYLER TECHNOLOGIES, INC. 21,137.97Accounts Payable Check
176932 01/12/2024 ULTREX BUSINESS PRODUCTS 83.97Accounts Payable Check
176933 01/12/2024 UNITED RENTALS (NORTH AM), INC 482.95Accounts Payable Check
176934 01/12/2024 UNITED STAFFING ASSC., INC. 270.40Accounts Payable Check
176935 01/12/2024 VERDIN 18,065.99Accounts Payable Check
176936 01/12/2024 VERIZON WIRELESS 2,879.66Accounts Payable Check
176937 01/12/2024 VERIZON WIRELESS-VSAT 70.00Accounts Payable Check
176938 01/12/2024 VERNON CO. 2,689.35Accounts Payable Check
176939 01/12/2024 VILLAGE ORIGINALS, INC. 226.20Accounts Payable Check
176940 01/12/2024 WEST COAST AUTO & TOWING, INC. 85.00Accounts Payable Check
176941 01/12/2024 KAREN B. WYKE 854.10Accounts Payable Check
176942 01/12/2024 YEH AND ASSOCIATES, INC. 2,007.50Accounts Payable Check
5020 01/18/2024 MCGRIFF INSURANCE SERVICE TRUIST INSURANCE HOLIDNGS LLC 1,422.94Payroll Vendor Payment
5021 01/18/2024 ANTHEM BLUE CROSS HSA 16,436.67Payroll Vendor Payment
176943 01/18/2024 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment
176944 01/18/2024 ATASCADERO POLICE OFFICERS 2,456.25Payroll Vendor Payment
176945 01/18/2024 ATASCADERO PROF. FIREFIGHTERS 1,151.80Payroll Vendor Payment
176946 01/18/2024 EMPOWER ANNUITY INS CO 10,696.50Payroll Vendor Payment
176947 01/18/2024 IAFF MERP 1,900.00Payroll Vendor Payment
176948 01/18/2024 MISSIONSQUARE 9,752.79Payroll Vendor Payment
176949 01/18/2024 NATIONWIDE RETIREMENT SOLUTION 308.58Payroll Vendor Payment
5022 01/19/2024 STATE DISBURSEMENT UNIT 283.84Payroll Vendor Payment
5035 01/19/2024 ANTHEM BLUE CROSS HSA 150.00Payroll Vendor Payment
5031 01/22/2024 SEIU LOCAL 620 919.29Payroll Vendor Payment
5023 01/23/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 24,021.92Payroll Vendor Payment
5024 01/23/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 45,228.75Payroll Vendor Payment
5025 01/23/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,756.82Payroll Vendor Payment
5026 01/23/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,837.45Payroll Vendor Payment
5027 01/23/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 12,579.82Payroll Vendor Payment
5028 01/23/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 12,436.73Payroll Vendor Payment
5029 01/23/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 29,881.53Payroll Vendor Payment
5030 01/23/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 27,336.70Payroll Vendor Payment
5032 01/23/2024 RABOBANK, N.A. 87,105.30Payroll Vendor Payment
5033 01/23/2024 EMPLOYMENT DEV DEPARTMENT 28,358.04Payroll Vendor Payment
ITEM NUMBER: A-2
DATE: 02/27/24
ATTACHMENT: 1
Page 22 of 121
Check
Number Check Date Vendor Descripton Amount
City of Atascadero
Disbursement Listng
For the Month of January 2024
5034 01/23/2024 EMPLOYMENT DEV. DEPARTMENT 4,411.01Payroll Vendor Payment
176950 01/26/2024 2 MEXICANS, LLC 1,218.50Accounts Payable Check
176951 01/26/2024 AGM CALIFORNIA, INC. 780.00Accounts Payable Check
176952 01/26/2024 AGP VIDEO, INC. 1,490.00Accounts Payable Check
176953 01/26/2024 ALPHA ELECTRIC SERVICE 1,090.00Accounts Payable Check
176954 01/26/2024 AMERICAN WEST TIRE & AUTO INC 2,720.22Accounts Payable Check
176955 01/26/2024 JESSICA APPLEGATE 78.60Accounts Payable Check
176956 01/26/2024 AT&T 347.96Accounts Payable Check
176957 01/26/2024 ATASCADERO CHAMBER OF COMMERCE 150.00Accounts Payable Check
176958 01/26/2024 ATASCADERO HAY & FEED 2,717.74Accounts Payable Check
176960 01/26/2024 ATASCADERO MUTUAL WATER CO. 5,667.90Accounts Payable Check
176961 01/26/2024 AVILA TRAFFIC SAFETY 6,227.35Accounts Payable Check
176962 01/26/2024 BASSETT'S CRICKET RANCH,INC. 873.91Accounts Payable Check
176963 01/26/2024 BATTERY SYSTEMS, INC. 556.41Accounts Payable Check
176964 01/26/2024 BERRY MAN, INC. 2,301.45Accounts Payable Check
176965 01/26/2024 BRENDLER JANITORIAL SERVICE 1,600.00Accounts Payable Check
176966 01/26/2024 SHEA T. BUCKLEY 34.00Accounts Payable Check
176967 01/26/2024 BURKE,WILLIAMS, & SORENSON LLP 21,032.20Accounts Payable Check
176968 01/26/2024 CA DEPT OF TAX AND FEE ADMIN. 27,164.00Accounts Payable Check
176969 01/26/2024 CANNON 82,409.23Accounts Payable Check
176970 01/26/2024 MARK R. CAPOZZOLI 54.00Accounts Payable Check
176971 01/26/2024 CASTLEROCK DEVELOPMENT 2,491.17Accounts Payable Check
176972 01/26/2024 CDCE, INC. 197.93Accounts Payable Check
176973 01/26/2024 CHARTER COMMUNICATIONS 312.29Accounts Payable Check
176974 01/26/2024 CINDY CHAVEZ 35.64Accounts Payable Check
176975 01/26/2024 LARA CHRISTENSEN 739.95Accounts Payable Check
176976 01/26/2024 CITY OF SAN LUIS OBISPO 425.00Accounts Payable Check
176977 01/26/2024 CLEARS, INC. 75.00Accounts Payable Check
176978 01/26/2024 COBAN TECHNOLOGIES, INC. 35,813.40Accounts Payable Check
176979 01/26/2024 AUDREY S. COHEN 54.00Accounts Payable Check
176980 01/26/2024 HOLLY R. COLLINS 96.00Accounts Payable Check
176981 01/26/2024 CONSOR NORTH AMERICA, INC. 10,684.54Accounts Payable Check
176982 01/26/2024 CRISP IMAGING 16.31Accounts Payable Check
176983 01/26/2024 CRYSTAL SPRINGS WATER 20.00Accounts Payable Check
176984 01/26/2024 CSG CONSULTANTS, INC. 75.00Accounts Payable Check
176985 01/26/2024 CULLIGAN SANTA MARIA 95.10Accounts Payable Check
176986 01/26/2024 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check
176987 01/26/2024 DEPARTMENT OF JUSTICE 1,064.00Accounts Payable Check
176988 01/26/2024 EARTH SYSTEMS PACIFIC 30,022.75Accounts Payable Check
176989 01/26/2024 ECONOMIC DEV COLLABORATIVE- 1,164.79Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/27/24
ATTACHMENT: 1
Page 23 of 121
Check
Number Check Date Vendor Descripton Amount
City of Atascadero
Disbursement Listng
For the Month of January 2024
176990 01/26/2024 EL CAMINO VETERINARY HOSP 550.02Accounts Payable Check
176991 01/26/2024 STEVEN J. ERNST 38.00Accounts Payable Check
176992 01/26/2024 EXECUTIVE JANITORIAL 4,250.00Accounts Payable Check
176993 01/26/2024 FENCE FACTORY ATASCADERO 490.50Accounts Payable Check
176994 01/26/2024 FERRELL'S AUTO REPAIR 152.35Accounts Payable Check
176995 01/26/2024 FGL ENVIRONMENTAL 7,150.00Accounts Payable Check
176996 01/26/2024 FILIPPIN ENGINEERING, INC. 754.50Accounts Payable Check
176997 01/26/2024 G. SOSA CONSTRUCTION, INC. 147,278.78Accounts Payable Check
176998 01/26/2024 GARRY BRILL PRODUCTIONS 150.00Accounts Payable Check
176999 01/26/2024 GAS COMPANY 4,040.34Accounts Payable Check
177000 01/26/2024 GHS PARTS, INC. 251.08Accounts Payable Check
177001 01/26/2024 GIERLICH-MITCHELL, INC. 18,106.77Accounts Payable Check
177002 01/26/2024 HAMNER, JEWELL & ASSOCIATES 165.75Accounts Payable Check
177003 01/26/2024 HAMON OVERHEAD DOOR CO, INC. 1,818.00Accounts Payable Check
177004 01/26/2024 HART IMPRESSIONS PRINTING 286.16Accounts Payable Check
177005 01/26/2024 REBECCA HEREDIA 76.01Accounts Payable Check
177006 01/26/2024 INTL ASSC. OF CHIEFS OF POLICE 75.00Accounts Payable Check
177007 01/26/2024 J. CARROLL CORPORATION 2,212.43Accounts Payable Check
177008 01/26/2024 JIFFY LUBE 75.39Accounts Payable Check
177009 01/26/2024 K & M INTERNATIONAL 820.51Accounts Payable Check
177010 01/26/2024 KPRL 1230 AM 820.00Accounts Payable Check
177011 01/26/2024 LEAGUE OF CALIFORNIA CITIES 14,367.00Accounts Payable Check
177012 01/26/2024 JAMES R. LEWIS 391.93Accounts Payable Check
177013 01/26/2024 LEXIPOL, LLC 9,499.05Accounts Payable Check
177014 01/26/2024 LIFE ASSIST, INC. 1,751.90Accounts Payable Check
177015 01/26/2024 LINDE GAS & EQUIPMENT INC. 69.30Accounts Payable Check
177016 01/26/2024 MCCLATCHY SHARED SERVICES, LLC 2,742.09Accounts Payable Check
177017 01/26/2024 MEDINA LIGHT SHOW DESIGNS 1,650.00Accounts Payable Check
177018 01/26/2024 MID-COAST MOWER & SAW, INC. 216.45Accounts Payable Check
177019 01/26/2024 MINER'S ACE HARDWARE 450.79Accounts Payable Check
177020 01/26/2024 MOTOROLA SOLUTIONS, INC. 498.09Accounts Payable Check
177021 01/26/2024 MULLAHEY CDJR 187.50Accounts Payable Check
177022 01/26/2024 NORTH CO SEPTIC SERVICE, INC. 295.00Accounts Payable Check
177023 01/26/2024 NORTH COAST ENGINEERING INC. 190.00Accounts Payable Check
177024 01/26/2024 NORTH COUNTY BACKFLOW 2,615.00Accounts Payable Check
177025 01/26/2024 PACIFIC CNTRL COAST HLTH CTRS 655.00Accounts Payable Check
177026 01/26/2024 PADRE ASSOCIATES, INC. 3,587.50Accounts Payable Check
177027 01/26/2024 PASO ROBLES SAFE & LOCK, INC. 140.00Accounts Payable Check
177028 01/26/2024 GRAYSON J. POWER 34.00Accounts Payable Check
177029 01/26/2024 PROCARE JANITORIAL SUPPLY,INC. 1,662.45Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/27/24
ATTACHMENT: 1
Page 24 of 121
Check
Number Check Date Vendor Descripton Amount
City of Atascadero
Disbursement Listng
For the Month of January 2024
177030 01/26/2024 MCKENZIE R. PULLEN 108.00Accounts Payable Check
177031 01/26/2024 RAINSCAPE, A LANDSCAPE SVC CO. 704.54Accounts Payable Check
177032 01/26/2024 RECOGNITION WORKS 72.86Accounts Payable Check
177033 01/26/2024 RICK ENGINEERING COMPANY 59,680.48Accounts Payable Check
177034 01/26/2024 BRIAN S. RICKS 180.00Accounts Payable Check
177035 01/26/2024 CORBIN J. ROSSI 152.00Accounts Payable Check
177036 01/26/2024 SERVICE SYSTEMS ASSC, INC. 2,500.00Accounts Payable Check
177037 01/26/2024 SHETLER CONSTRUCTION, INC. 149.94Accounts Payable Check
177038 01/26/2024 OWEN T. SMITH 90.00Accounts Payable Check
177039 01/26/2024 SOUTH COAST EMERGENCY VEH SVC 2,081.02Accounts Payable Check
177040 01/26/2024 SOUTH COAST FIRE EQUIPMENT 455,209.73Accounts Payable Check
177041 01/26/2024 SOUZA CONSTRUCTION, INC. 614,509.98Accounts Payable Check
177042 01/26/2024 CONNER M. SPEARS 2,700.00Accounts Payable Check
177043 01/26/2024 DANE J. STOVER 72.00Accounts Payable Check
177044 01/26/2024 SUNRUN INSTALLATION SERVICES 462.99Accounts Payable Check
177045 01/26/2024 TATUM ASPHALT 13,179.85Accounts Payable Check
177046 01/26/2024 TESCO CONTROLS, LLC 960.80Accounts Payable Check
177047 01/26/2024 STEVE TIROTTA 152.20Accounts Payable Check
177048 01/26/2024 T-MOBILE USA, INC. 100.00Accounts Payable Check
177049 01/26/2024 TOWNSEND PUBLIC AFFAIRS, INC. 4,000.00Accounts Payable Check
177050 01/26/2024 BRYCE E. TUCKER 68.00Accounts Payable Check
177051 01/26/2024 SKYLER E. TUCKER 108.00Accounts Payable Check
177057 01/26/2024 U.S. BANK 47,908.78Accounts Payable Check
177058 01/26/2024 U.S. POSTMASTER 3,179.11Accounts Payable Check
177059 01/26/2024 UPSTREAM H20 LLC 2,500.00Accounts Payable Check
177060 01/26/2024 VANIR CONSTRUCTION MANAGEMENT 9,045.07Accounts Payable Check
177061 01/26/2024 VERIZON WIRELESS 64.29Accounts Payable Check
177062 01/26/2024 VINO VICE, INC. 469.50Accounts Payable Check
177063 01/26/2024 WALLACE GROUP 23,091.10Accounts Payable Check
177064 01/26/2024 EVAN F. WANNER-BROWN 68.00Accounts Payable Check
177065 01/26/2024 WARM FUZZY TOYS 946.20Accounts Payable Check
177066 01/26/2024 YOUTH EVOLUTION SOCCER 1,228.20Accounts Payable Check
177067 01/26/2024 ZOOM IMAGING SOLUTIONS, INC. 986.91Accounts Payable Check
5036 01/31/2024 MCGRIFF INSURANCE SERVICE TRUIST INSURANCE HOLIDNGS LLC 1,422.94Payroll Vendor Payment
$4,086,931.93
ITEM NUMBER: A-2
DATE: 02/27/24
ATTACHMENT: 1
Page 25 of 121
ITEM NUMBER: A-3
DATE: 02/27/24
Atascadero City Council
Staff Report – Public Works Department
Santa Lucia Road Pavement Rehabilitation Project (Segments B & C)
Design Engineering Services Contract
RECOMMENDATION:
Council award a professional services agreement for $225,300 with Rick Engineering
Company to provide design engineering and construction plan preparation services for
the Santa Lucia Road (Segments B & C) Pavement Rehabilitation Project (Project No.
C2023R02).
DISCUSSION:
Background
The Santa Lucia Road Pavement Rehabilitation Project (Segments B and C) will
rehabilitate Santa Lucia Road between Portola Road and the new bridge at Llano Road.
This project includes two segments of Santa Lucia Road, the first from Portola Road to
Santa Ana Road (Segment B, 1.2 miles), and the second from Santa Ana Road to Llano
Road (Segment B, 0.8 miles). It is expected that there may be multiple different
pavement treatment methods utilized on this project, as there is significant variability in
the existing conditions of the road.
This project also includes multiple locations where more detailed design will be
necessary to improve existing roadway drainage. Specifically, the consultant has
included work scope to address areas of ponding on the roadway and drainage issues
at several intersections. Other roadway improvements include culvert replacements,
new pavement markings and traffic signage (where necessary), and shoulder
improvements.
The segment of Santa Lucia Road between Portola Road and Santa Ana Road is
generally 26-28’ wide, with two 12’ travel lanes and narrow shoulders. Adjacent road
edge cut and fill slopes are moderate, but steepen at some locations. The most recent
pavement project through this stretch was a cape seal in the mid-2000’s which has now
exceeded the end of its serviceable lift. Notably, over the last 2-3 years deterioration of
the roadway condition has accelerated, which has resulted in the need for significantly
more maintenance by City staff.
The segment between Santa Ana Road and Laurel Road is generally 20-22’ wide, with
two 10’ travel lanes and virtually no shoulders. The road is constructed adjacent to
Graves Creek, with significant road edge cut and fill slopes. Much of the pavement
cracking through this segment is consistent with movement of the underlying subgrade
Page 26 of 121
ITEM NUMBER: A-3
DATE: 02/27/24
soils on the fill side of the roadway. City staff will work closely with the design
consultant and geotechnical engineering subconsultant to evaluate opportunities for
cost-effective solutions to add stability to the downhill travel lane. The date of the most
recent pavement rehabilitation project on this segment is unknown.
Analysis
Staff prepared a Request for Proposal (RFP) and solicited proposals in January 2024 from
qualified consultants to provide design services and prepare construction plans and
specifications for the project. Services in the proposal include preliminary geotechnical
testing, topographic survey services, survey monument research, pavement
engineering analysis, preparing construction plans, specifications, cost estimates
(PS&E), and providing engineering assistance during the bid process.
Staff received three proposals from qualified consultants: Rick Engineering Company
(RICK), AKA Engineering, and Diversified Project Services International (DPSI).
Proposals were individually reviewed and scored by a technical selection committee
that considered experience with similar projects, responsiveness to City needs,
experience of key personnel and other factors. Of particular importance to staff on this
project is that the selected consultant recognizes the importance of and identify a
strategy for construction methods to maintain ingress and egress for residents during
the project. Santa Lucia Road is the primary access to a large number of properties in
west Atascadero, and maintaining traffic on this roadway will be critical. The City was
fortunate to receive excellent proposals from the three proposing firms, and after
evaluating all proposals, the selection committee agreed that Rick Engineering
Company submitted the proposal that best combined qualifications and value to the
project.
RICK provided a detailed fee estimate worksheet with their proposal that included labor
hours/costs, reimbursable expenses, and subconsultant fees for the work scope
identified in the City’s request for proposals. Staff reviewed RICK’s work scope and fee
and have determined that it is reasonable given the length of roadway, expected
detailed pre-design and design work associated with multiple pavement rehabilitation
methods/areas and drainage improvements. Staff is recommending the Council award
a contract with RICK on a labor plus reimbursable expenses basis for an estimated
maximum fee of $225,300 for design engineering services for the project. It should be
noted that RICK also provided design engineering services for the segment of Santa
Lucia Road between Ardilla Road and Portola Road (Segment A) in 2019, with excellent
finished results.
Design work is anticipated to take approximately nine months to complete. Staff
anticipates publicly bidding the project in early 2025 with construction commencing in
late spring, 2025.
FISCAL IMPACT:
This project is included in the adopted FY 2023-2025 budget and includes $3,000,000 in
a combination of Local Transportation Funds, Urban State Highway Account funds, and
Road Repair and Accountability Act (SB 1) funds.
Page 27 of 121
ITEM NUMBER: A-3
DATE: 02/27/24
ESTIMATED EXPENDITURES
Engineering Design, Topographic Survey, Geotechnical
Testing 250,000
Construction Contract 2,150,000
Coordination, Inspection and Support @ 8% 170,000
Construction Contingency @ 20% 430,000
Total Estimated Expenditures: $3,000,000
BUDGETED FUNDING
Local Transportation Funds (LTF) $1,000,000
Urban State Highway Account Grant (USHA) $500,000
Road Repair & Accountability Act Funds (SB1) $1,500,000
Total Estimated Funding Sources $3,000,000
Projected Net Project Surplus / (Shortfall) $ -
ALTERNATIVES:
Council may direct staff to resolicit for design engineering services for the project, but
staff does not recommend this since the top proposals received were qualified and
appear to be very competitive.
ATTACHMENT:
None
Page 28 of 121
ITEM NUMBER: A-4
DATE: 02/27/24
Atascadero City Council
Staff Report – Public Works Department
El Camino Real Downtown Infrastructure Enhancement Project
Design Contract Amendment
RECOMMENDATION:
Council approve a contract amendment with Wallace Group, in the amount of $76,680,
for additional work associated with design engineering and construction document
preparation for the El Camino Real Downtown Infrastructure Enhancement Project
(Project No. C2017T01).
DISCUSSION:
Wallace Group was contracted by the City in October 2021 to provide professional
engineering services for the design of the El Camino Real Downtown Infrastructure
Enhancement Project. The contracted scope includes work required to prepare a Plans,
Specifications and Estimates (PS&E) package for project bidding. The PS&E package is
expected to be complete within the next two months with project construction beginning
in early summer.
As the project design nears completion, Wallace Group has recommended additional
work scope to pothole existing utilities at ten key locations, provide supplemental drainage
analysis, and provide additional recommendations for foundations needed for the
catenary lighting system in the ramblas. City staff agrees that this work scope was not
included in the original contract, is necessary to complete project design, and will result
in a smoother construction process with less risk related to subsurface conditions.
The City’s Purchasing Policy, Section V.3.5, allows for the “City Manager to authorize and
issue change orders for changes or additions to the original scope of work that result in
less than a 25% change in annual contract price. Change orders in excess of 25% shall
be brought to the City Council for approval.”
The 2021 contract with Wallace Group was for $598,811. Two contract amendments
(change orders) have been authorized and issued by the City Manager for changes and
additions to the original contract scope of work. The first for preparation of graphics and
staff support for the expanded Stakeholder Outreach in the amount of $23,399, and the
second for preparation of a final preferred concept design and additional engineering
design services for the replacement of all existing sewer main below El Camino Real
within project limits ($86,123).
Page 29 of 121
ITEM NUMBER: A-4
DATE: 02/27/24
Since the requested contract amendment amount of $76,680 will result in the total
contracted amount exceeding 25% of the original contract amount, staff is bringing the
proposed contract amendment to Council for approval pursuant to the Purchasing Policy.
FISCAL IMPACT:
Council approval of staff’s recommendation will authorize an additional expenditure of
$76,680 in budgeted project funds for design services.
ALTERNATIVES:
Staff does not recommend any alternatives.
ATTACHMENTS:
None
Page 30 of 121
ITEM NUMBER: A-5
DATE: 02/27/24
Atascadero City Council
Staff Report – City Attorney/
Community Development Department
Acceptance of Request for Rescission of Development Entitlements
Under Conditional Use Permit USE21-0107
and Rescission of Resolution No. 2023-071
RECOMMENDATIONS:
Council adopt Draft Resolution accepting request for rescission of development
entitlements at 6805 Sycamore Road under Conditional Use Permit USE21-0107 and
rescinding Resolution No. 2023-071.
REPORT-IN-BRIEF:
In October 2023, the City Council heard an appeal of a Planning Commission decision on
the granting of Conditional Use Permit USE21-0107 for property leased to VSM Rentals and
Leasing, LLC (“VSM”). The appeals of the Planning Commission decision challenged both
the appropriateness of the Conditional Use Permit and the City’s analysis of the project
under the California Environmental Quality Act. The proposed project involved recreational
vehicle storage on approximately six acres of property located at 6805 Sycamore Road.
The property is owned by Atascadero Mutual Water Company, with a lease to VSM Rentals
and Leasing, LLC.
Since the Council’s approval of the project, VSM sent a letter to the City dated January 18,
2024, noting a number of challenges to proceeding with the project, including personal
family issues and a challenging real estate market. As such, VSM has requested that the
City rescind the development approvals for the project. VSM recognizes that this rescission
will waive all its rights to develop the property, and should it wish to proceed with a similar
project in the future, it will have to submit a new application and secure new entitlements.
VSM has agreed that notwithstanding the rescission of the CUP, it will continue to indemnify
and defend the City against any challenges or claims asserted in connection with the
approval of CUP USE21-0107.
City staff has indicated to VSM that the City would accept the request, but to ensure that the
approvals are completely rescinded, staff recommends that the Council formally rescind the
approvals through rescission of Resolution No. 2023-071.
Page 31 of 121
ITEM NUMBER: A-5
DATE: 02/27/24
ALTERNATIVES:
Council may continue the item for further discussion and direction or may decline to
accept the request for rescission. Council should provide clear direction to staff on
specific information needed to return for review, but rejecting the request for rescission is
not recommended.
FISCAL IMPACT:
Adopting the resolution accepting the request for rescission should have no fiscal impact.
ATTACHMENTS:
1. Draft Resolution Rescinding Resolution No. 2023-071
2. Letter dated January 18, 2024 from VSM Rentals and Leasing, LLC requesting
rescission of project approvals
3. Letter dated January 24, 2024 from Phil Dunsmore to VSM Rentals and Leasing,
LLC re: request for rescission of project approvals
4. October 10, 2023, Council Staff Report (without attachments)
5. Resolution No. 2023-071
Page 32 of 121
ITEM NUMBER: A-5
DATE:
ATTACHMENT:
02/27/24
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, ACCEPTING A REQUEST FOR
RESCISSION OF DEVELOPMENT ENTITLEMENTS UNDER
CONDITIONAL USE PERMIT USE21-0107 AND RESCINDING
RESOLUTION 2023-071
VSM RENTALS AND LEASING, LLC
(USE21-0107)
WHEREAS, on October 10, 2023, the City Council heard two appeals of Planning
Commission decisions to deem a recreational vehicle storage project categorically exempt from
CEQA and grant a Conditional Use Permit USE21-0107 for the construction and operation of that
project on property leased to VSM Rentals and Leasing, LLC (“VSM”); and
WHEREAS, the appeals of the Planning Commission decision challenged both the
appropriateness of the Conditional Use Permit and the City’s analysis of the project under the
California Environmental Quality Act; and
WHEREAS, the proposed project involved recreational vehicle storage on approximately
six acres of property located at 6805 Sycamore Road; and
WHEREAS, the City Council upheld the decision of the Planning Commission, adopting
Resolution 2023-071; and
WHEREAS, VSM sent a letter to the City dated January 18, 2024, noting a number of
challenges to proceeding with the project including personal family issues and a challenging real
estate market; and
WHEREAS, VSM has requested that the City rescind the development approvals for the
project; and
WHEREAS, VSM has agreed to continue to indemnify and defend the City against any
challenges or claims asserted in connection with the approval of CUP USE21-0107.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. Recitals. The above recitals are true and correct.
SECTION 2. Acceptance. The City Council accepts the request by VSM for rescission of
the development entitlements under Conditional Use Permit USE21-0107 and accepts VSM’s offer
to continue to indemnify and defend the City against any challenges or claims asserted in
connection with the approval of CUP USE21-0107.
SECTION 2. Rescission. Resolution No. 2023-071 is rescinded in its entirety.
Page 33 of 121
ITEM NUMBER: A-5
DATE:
ATTACHMENT:
02/27/24
1
PASSED AND ADOPTED at a regular meeting of the City Council held on the 27th day of
February, 2024.
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
Page 34 of 121
ITEM NUMBER: A-5
DATE: 02/27/24
ATTACHMENT: 2
Page 35 of 121
ITEM NUMBER: A-5 DATE: 02/27/24ATTACHMENT: 2 Page 36 of 121
ITEM NUMBER: A-5
DATE: 02/27/24
ATTACHMENT: 3
Page 37 of 121
ITEM NUMBER: A-5
DATE: 02/27/24
ATTACHMENT: 3
Page 38 of 121
ITEM NUMBER: B-2
DATE: 10/10/23
Atascadero City Council
Staff Report
-
Community Development Department
Appeal
of Conditional Use Permit for RV Storage
Facility
6805 Sycamore Road
RECOMMENDATIONS:
Council:
1.Adopt
Draft
Resolution
A,
affirming
the
Planning
Commission’s
approval
of
a
conditional use permit
to establish
an RV storage
facility
at 6805 Sycamore Road,
subject to findings and conditions of approval.
OR
2.Adopt Draft Resolution
B,
reversing
the Planning Commission’s action and denying
a
conditional
use
permit
to
establish
an
RV
storage
facility
at
6805
Sycamore
Road, subject to findings.
REPORT-IN-BRIEF:
The owners of VS Marine are proposing to establish an RV
storage yard on land owned
by Atascadero Mutual Water Company (AMWC) within the Industrial Zone, adjacent to
the Sycamore Industrial Park at 6805 Sycamore Road. AMWC has agreed to lease the
land to allow this land use. The use requires a conditional use permit within the Industrial
Zoning District.
On July 28, 2022, the Design Review Committee (DRC) reviewed the proposed project
and made recommendations regarding new and existing fencing and landscaping for the
project. The applicant revised the plans in accordance with the DRC’s recommendations.
On November
15,
2022, this item was presented to the Planning Commission (PC). Public
comment focused
on potential environmental
impacts.
In
one
letter
received,
staff
was
notified from a local Native American tribe that the site may be archeologically sensitive.
The
Commission
voted
to
continue
the
meeting
to
a
date
uncertain,
with
a
recommendation to provide an Archeology Study and a
Visibility
Study
with the
applicant
to
mark
the
boundaries of the storage yard.
On June 20, 2023,
the item returned to the PC for continued review. Two motions were
made by the PC
to
deny the conditional use permit application, both of which failed with
a 4:2 vote and 3:3 vote. A third motion was made to approve the conditional use
permit
which also failed with a 3:3 vote. A fourth motion was made to continue the
item
until
the
City analyzes appropriate land uses for the property as part of the General Plan update.
The General Plan update is likely to be completed in 2024, however there is no definitive
ITEM NUMBER: A-5
DATE: 02/27/24
ATTACHMENT: 4
Page 39 of 121
ITEM NUMBER: B-2
DATE: 10/10/23
completion date to amend the zoning maps, therefore the motion to continue on that basis
was determined to be an invalid action.
On July 18, 2023, the Commission reheard the project. Following substantial public
comment, the commission voted 4-3 to approve the use permit, adding a condition to
provide a nesting bird and special status species survey prior to development of storage
yard.
On July 28, 2023, an appeal was received from David Broadwater, a resident of Atascadero.
The basis of the appeal claims that the environmental impacts of the project were not
adequately addressed and that qualified professionals should be utilized to evaluate the
project (Attachment 1).
On July 31, 2023, a second appeal was received from Michael Jenkins on behalf of
BioDiversity First!, Inc. of Shandon, CA. The basis of this appeal notes that the project’s
adjacency to a flood plain is problematic and an unacceptable risk. The appeal notes that
the City’s compliance with CEQA is incomplete and under an unspecified categorical
exemption (Attachment 2).
DISCUSSION:
Project Logistics
The subject site is located on the north side of Sycamore Avenue, adjacent to the
Sycamore Industrial Park and west of the Salinas River. Historically, the site was graded
and filled with a large quantity of gravel and material and a large berm was constructed
near the eastern boundary of the site adjacent to the river, most likely as a flood
prevention measure. The site is owned by Atascadero Mutual Water Company (AMWC)
and contains an existing fenced construction yard with storage buildings on a portion of
the property.
The proposed project includes a six-acre outdoor storage yard designed to accommodate
up to 262 unoccupied recreational vehicles and boats. The applicant is proposing to
complete the project in two phases. The first phase consists of 138 RV storage spaces,
a new perimeter chain link fence along the Phase 1 area, site grading with Class II base
(in Phase 1 areas only), construction of an entrance gate, and completion of a required
stormwater basin. Phase 2 includes the addition of 124 RV storage spaces, removal of
the fence between the two phases and extension of a chain link fence at the rear of the
site. In phase one, Project development will include a formal entry to the Anza trail and
an improved pathway, split rail fencing, and landscaping along the realigned access path
that will link to the established trail alignment adjacent to the Salinas River.
Land Use Entitlement
The land use proposed, Outdoor Vehicle and Equipment Storage, is a conditionally
allowed use in the Industrial Zoning district. Section 9-6.140 of the City’s Zoning
Regulations provides a set of site design standards for storage yards in addition to the
provisions of the use permit.
Archaeological Assessment
An archaeological consultant, Cultural Resource Management Services, conducted an
archaeological inventory survey (Phase I) within the proposed project area to determine
if any resources might be present and whether further analysis would be warranted. The
ITEM NUMBER: A-5
DATE: 02/27/24
ATTACHMENT: 4
Page 40 of 121
ITEM NUMBER: B-2
DATE: 10/10/23
archaeological assessment found that no further investigations are necessary. Historical
records indicate that in 1969 and 1972 the entire parcel of land was flooded and the banks
of the Salinas river changed substantially. Following this time, until the 1990s, the County
of San Luis Obispo and Caltrans utilized this area to dispose of excess materials, such
as asphalt, concrete, fill soil, and rock. According to a source at the Atascadero Mutual
Water Company, this raised the level of the parcel around 10 feet. Evidence of this
previous grading and fill still remains on site. During the field investigation, all materials
were found to be consistent with fill dirt that would have been imported into this site. There
does not appear to be any native grade remaining on this property, therefore
archeological evidence is not present.
Landscaping, Fencing, Lighting, and Security
Landscape
Atascadero Municipal Code (AMC) 9.4-125 requires 5% of a project site in an industrial
zone to be landscaped. The applicant is requesting an exception to this requirement due
to maintenance concerns and visibility into the site. Since the site is screened by fencing
and landscaping along Sycamore Road, landscaping added within the RV lot will not be
visible from the outside. Based on location and this specific land use, staff had
recommended that the Planning Commission allow for a modification to only require
landscaping along Sycamore Road and the Anza Trail along the project frontage.
Fencing
The applicant is proposing new six-foot-tall vinyl-coated chain link fencing around the RV
storage lot. AMC 9-4.128 requires all new vinyl-coated chain link fencing to be screened
with evergreen vegetation. The new fence adjacent to the Anza Trail will be heavily
screened with landscaping. However, new fencing around the rear of the site is not
proposed to have landscape screening as it is adjacent to a tall berm that separates the
site from the Salinas River. The applicant is proposing a powered gate that will be keypad
controlled. There will be no regular onsite workers so the RV storage will be self-service.
Lighting
Lighting is provided by pole lights throughout the site. Five security cameras will be
installed on the proposed light poles. The applicant has a pre-existing contract with a local
security company for their existing VS marine site. They plan to continue using them for
this site for 24-hour security coverage.
Use Permit Entitlement
A use permit to allow an RV storage yard will run with the land, regardless of the business
owner/operator, unless the use permit is revoked or modified by the City, or unless the
uses ceases for a period of six months or more. Project conditions were incorporated into
the project to ensure that storage was only allowed for operable RVs and boats.
Conditions were designed to prevent nuisances from accumulating at the site and to
ensure appropriate quality and maintenance (PC Resolution, Attachment 7).
CEQA determination
The project to establish an outdoor storage yard at this site consists of the installation of
fencing, lighting, road base, and a small drainage basin to ensure that any stormwater on
this site enters the basin without leaving the site. The project does not involve the
construction of buildings, infrastructure, or paved areas. The site was evaluated as part
of the 2002 General Plan for the Industrial Uses within the General Plan EIR and is a
ITEM NUMBER: A-5
DATE: 02/27/24
ATTACHMENT: 4
Page 41 of 121
ITEM NUMBER: B-2
DATE: 10/10/23
historically graded, leveled, and filled site void of natural features, drainage courses,
trees, or habitat areas. The site has been historically utilized for construction yard
operations and passive outdoor recreation. Following a phase I archeological evaluation,
along with several site visits by staff, it was determined that the “project” should be exempt
from CEQA as it does not involve substantial grading nor development and the site is not
within a sensitive habitat zone, nor does it have the potential to provide archeological or
historical artifacts. Staff recommended the use of CEQA Guidelines Section 15304 to
provide an exemption to this project. This section states that projects shall be exempt
from CEQA that involve “minor public or private alterations in the condition of land, water
and/or vegetation which do not involve removal of healthy, mature, scenic trees except
for forestry or agricultural purposes”.
Appeal 1
The appeal filed by David Broadwater (Attachment 1) claims that the environmental impacts
of the project were not adequately addressed and that qualified professionals should be
utilized to evaluate the project. The appeal states:
“There is no evidence that the project has been reviewed by qualified professionals
regarding the environmental, recreational, social and aesthetic values of the site and
the river’s watershed, or the potential impacts on beaver habitat which brings the
benefits of water retention, groundwater recharge, and wildlife and riparian
enhancement.”
Mr. Broadwater’s appeal was supplemented by additional information that was submitted on
September 8, 2023. This supplemental information is included in Attachment 1 and details
arguments about the entitlement process along with relevant sections of the existing
General Plan and the potential for this designation to be altered with the ongoing General
Plan update.
A second supplement to Mr. Broadwater’s appeal was received on September 15, 2023
(Attachment 1). This second supplement is a series of statements, evidence, and policy
review from the SLO Beaver Brigade. In summary, the Beaver Brigade opposes the RV
storage project stating that the project is not consistent with the intent of the General Plan,
the project review did not consider mitigation for a Bald Eagle nest that may be located on
the other side of the Salinas River from the proposed storage site, and that the project could
impact the health of the beaver habitat in the Salinas River.
Appeal 2
Appeal two was received on July 31, 2023, and was filed by Michael Jenkins on behalf of
the nonprofit BioDiversity First!, Inc. This appeal claims that the project site is problematic
and risky due to the flood plain adjacency and that the City failed to properly address
CEQA (Attachment 2).
A supplement to appeal two was received on September 19, 2023. The supplement
expands on the potential environmental impacts of the project while focusing on the
potential of climate change and “Channelization” of the Salinas River. The appeal
supplement seems to claim that the installation of a storage facility on this site would
result in reducing the flood plain of the Salinas River, therefore resulting in a
“channelization” of the river system.
ITEM NUMBER: A-5
DATE: 02/27/24
ATTACHMENT: 4
Page 42 of 121
ITEM NUMBER: B-2
DATE: 10/10/23
Use Permit Findings
As noted in the Council’s action options below, the Council must make all project findings
to support the project and deny either of the appeals, or only one finding in order to deny
the project and reverse the Planning Commission’s action.
Findings are as follows:
a. The proposed project or use is (or is not) consistent with the General Plan;
and
b. The proposed project or use does (or does not) satisfy all applicable
provisions of this title; and
c. The establishment, and subsequent operation or conduct of the use will not
(or will), because of the circumstances and conditions applied in the particular
case, be detrimental to the health, safety or welfare of the general public or
persons residing or working in the neighborhood of the use, or be detrimental
or injurious to property or improvements in the vicinity of the use; and
d. The proposed project or use will not (or will) be inconsistent with the character
of the immediate neighborhood or contrary to its orderly development; and
e. The proposed use or project will not (or will) generate a volume of traffic
beyond the safe capacity of all roads providing access to the project, either
existing or to be improved in conjunction with the project, or beyond the
normal traffic volume of the surrounding neighborhood that would result from
full development in accordance with the land use element; and
f. The proposed project is (or is not) in compliance with any pertinent City policy
or criteria adopted by ordinance or resolution of the City Council;
Conclusion
Since the AMWC owns the site, permanent development of the property with buildings
and other improvements that are suitable within the industrial zone may not be an option
at this time. This land constitutes a significant portion of rare industrial land in the City
and has the benefit of not being within close proximity to residential neighborhoods, nor
along a significant view corridor such as Highway 101 or El Camino Real. The 2002
General Plan evaluated this site for industrial land uses and adopted an Environmental
Impact Report accordingly. Although the EIR does not evaluate property on a project
specific basis, it does assume that these sites will be developed with industrial land uses.
The far eastern portion of the property nearest the Salinas River is within an open space
designation, which creates a suitable setback for commercial development. Although a
storage land use is not the highest and best use of any property within the City, this site
is suited for this land use due to its isolated location, level topography, adequate
separation from the habitat area associated with the river, and its limited visibility from
view corridors or other properties. The General Plan update will continue to evaluate
these sites for commercial viability and the future land use plan can be modified to take
into account a land use list that best suits the City.
The use of the site for a storage yard does not involve substantial changes to this site nor
does it alter the habitat adjacent to, or within, the floodplain. No beaver dams, bird nests,
nor drainage courses exist on the project site. No buildings, substantial paving, or
ITEM NUMBER: A-5
DATE: 02/27/24
ATTACHMENT: 4
Page 43 of 121
ITEM NUMBER: B-2
DATE: 10/10/23
substantial construction is proposed to take place with the proposed project. All
stormwater on the project site would be required to remain on site and drain to a proposed
basin, which would allow for on-site groundwater infiltration. The project does not result
in any changes to the Salinas River basin, its banks, or any other land that has not been
previously graded or leveled.
• If Council takes action to uphold the Planning Commission’s approval of the
project, all findings must be made to support the Use Permit, as detailed in Draft
Resolution A. As noted above, conditions may be added to enhance the project’s
compatibility with the General Plan and with the compatibility with the site and
surroundings.
• If Council takes action to overturn the Planning Commission’s approval of the
project, they must determine that the project does not meet at least one of the
findings as detailed in Draft Resolution B. If Council overturns the Planning
Commission’s approval and denies the project, Council will need to state the
finding that cannot be made and reason(s) for denial which will then be included in
Draft Resolution B.
ALTERNATIVE:
Council may continue the item for further discussion and direction. Council should provide
clear direction to staff or the project applicant on specific information needed to return for
review. As an option, Council may choose to allow a phased project or only a portion of
the proposed six acres to be used for RV storage with the other portion to remain vacant
until further review.
FISCAL IMPACT:
There is no significant fiscal impact expected.
ATTACHMENTS:
1. Appeal Letter and Supplements (Appeal 1, David Broadwater)
2. Appeal Letter and Supplements (Appeal 2, Friends of the Beaver)
3. Planning Commission Meeting Minutes- June 20, 2023
4. Planning Commission Meeting Minutes- July 18, 2023
5. Planning Commission Resolution
6. Draft Resolution A
7. Draft Resolution B
8. Public Comments (prior to agenda posting)
9. Supplemental Information Packet (prior hearing materials) available online at:
http://records.atascadero.org/WebLink/ElectronicFile.aspx?docid=120999&dbid=0
ITEM NUMBER: A-5
DATE: 02/27/24
ATTACHMENT: 4
Page 44 of 121
ITEM NUMBER: A-5 DATE: 02/27/24ATTACHMENT: 5 Page 45 of 121
ITEM NUMBER: A-5 DATE: 02/27/24ATTACHMENT: 5 Page 46 of 121
ITEM NUMBER: A-5 DATE: 02/27/24ATTACHMENT: 5 Page 47 of 121
ITEM NUMBER: A-5 DATE: 02/27/24ATTACHMENT: 5 Page 48 of 121
EXHIBIT A: Conditions of Approval
USE21-0107
Conditions of Approval
Conditional Use Permit
Outdoor Recreational Vehicle Storage
6805 Sycamore Road
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
1. This Conditional Use Permit shall be for an outdoor recreational vehicle storage
yard as described in attached Exhibits, located at 6805 Sycamore Road (APN
028-121-001), regardless of owner.
Ongoing PS
2. The approval of this use permit shall become final and effective the date of the
hearing. Issuance of building permits may not occur prior to the appeal period of
fourteen (14) days following the Planning Commission approval.
Ongoing PS
3. The Community Development Department shall have the authority to approve the
following minor changes to the project that (1) modify the site plan project by less
than 10%, (2) result in a superior site design or appearance, and/or (3) address a
construction design issue that is not substantive to the Conditional Use Permit.
Ongoing PS, CE
4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months
after its effective date. At the end of this time period, the approval shall expire
and become null and void unless the project has received a building permit or a
time extension.
BP PS
5. This use permit shall be valid for this site regardless of owner. If the storage land
use ceases for more than 6 months following initial occupancy or if the City
verifies that the use is not in compliance with Use Permit conditions, the use
permit shall be revoked and shall be subject to the review and approval of a new
use permit, subject to zoning and General Plan compliance at the time of
revocation.
Ongoing PS
6. The owner and applicant shall defend, indemnify, and hold harmless the City of
Atascadero or its agents, officers, and employees against any claim or action
brought to challenge an approval by the City, or any of its entities, concerning this
conditional use permit.
Ongoing CA
Planning Services
7. The Conditional Use Permit shall allow an outdoor recreational vehicle storage
yard as shown in Exhibit B.
Ongoing PS
8. All landscaping, fencing and site improvements shall be maintained in good order.
Any dead or non-performing landscape items shall be replaced within 30 days.
Any damaged fencing, lighting, or site improvements shall be replaced
immediately.
Ongoing PS
9. No changes to fencing, landscaping, or site improvements may be installed
without prior approval by the City.
Ongoing PS
10. No cargo containers, inoperable vehicles, inoperable boats or inoperable RV’s
shall be stored on-site. Only currently registered, operable vehicles or RV’s may
be stored on-site. All vehicles will be inspected upon initial storage to ensure
vehicle is operable and all stored vehicles shall maintain insurance and provide
copy of current insurance to City upon request.
Ongoing PS
Resolution No. 2023-071
Exhibit A
ITEM NUMBER: A-5
DATE: 02/27/24
ATTACHMENT: 5
Page 49 of 121
Conditions of Approval
Conditional Use Permit
Outdoor Recreational Vehicle Storage
6805 Sycamore Road
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
11. No storage of vehicles in any location other than in the designated on-site parking
areas as identified in the site plan approved by Planning Commission may be
stored on any portion of the site.
Ongoing PS
12. No other land use shall be allowed in conjunction with the RV storage unless
specifically approved by the City.
Ongoing PS
13. No washing or servicing of vehicles, RV’s or Boats or other equipment may occur
on-site.
Ongoing PS
14. No dumping of RV waste or water tanks may occur on site at any time. Ongoing PS
15. No storage, paving, stockpiling, grading, or use of the site shall be allowed within
30 feet of the top of the bank of the Salinas River.
Ongoing PS / BS
16. The realignment of the Anza Trail shall be consistent with what is shown in Exhibit
B. The trail shall be completed and fully landscaped per the approved landscape
plan. Any modifications must be approved by the Community Development
Director. Generally, taller vegetation shall be focused between the RV storage lot
and the realigned Anza Trail. Shorter species shall be planted between the Anza
Trail and Sycamore Road to avoid the trail from becoming a hidden corridor
BP/ FI PS
17. The existing chain link fence adjacent to Sycamore Road and the realigned Anza
Trail shall be replaced with a split rail or pipe rail fence with a maximum height of
4 feet tall. Fence shall be installed prior to requesting a Planning Final.
FI PS
18. All new fencing chain link fencing, other than fencing along the Salina River, shall
be vinyl coated with a dark neutral color. The maximum fence height shall not
exceed 6 feet. However, the addition of barbed wire (NOT Constantine wire) may
be added to the top of interior fences along the RV storage lot. Fencing shall be
installed prior to requesting a Final Planning Inspection.
FI PS
19. Existing chain link fencing along Sycamore Road may be repurposed to be used
as fencing adjacent to the Salinas River.
FI PS
20. The applicant shall submit a landscape and irrigation plan, completed by a
qualified professional, with their construction documents. The landscape plan
shall be consistent with what is shown inf Exhibit D with additional landscaping
focused on the following areas:
_Along the Anza Trail realignment to include landscaping that maintains safety
and visibility
_ In front of the existing construction yard, adjacent to Sycamore Road
Landscaping and irrigation shall be installed prior to requesting a Planning Final
Inspection.
BP/FI PS
21. Ensure that the Anza Trail realignment is built out to meet equestrian trail
standards.
FI PS
22. Maximum height of new light poles shall not be taller than 16 feet for each light
pole nor exceed the height of the levee to prevent light spillage into the riverbed.
The lights shall be set to dim low level light until motion is detected and shall
preclude activation by small animal movement.
BP/ FI PS
23. A photometric light study shall be submitted with the building permits for the
Phase 2 addition and shall consider all new lights proposed and all existing
lights proposed to be retained. The lighting plan shall not include any lights that
cause a light in excess of .01 footcandles on adjacent properties. Planning
Services staff shall conduct a night-time inspection of lights before the building
permits may be finaled.
BP/FI
24. The Use Permit shall be subject to additional review upon receipt of operational
complaints including a high number of police calls. Additional mitigation may be
warranted upon verification of recurring noise or operational disturbances that
Ongoing PS
Resolution No. 2023-071
Exhibit A
ITEM NUMBER: A-5
DATE: 02/27/24
ATTACHMENT: 5
Page 50 of 121
Conditions of Approval
Conditional Use Permit
Outdoor Recreational Vehicle Storage
6805 Sycamore Road
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
impact residential properties. Community Development Department review for
compliance with all conditions within 12 months of commencement of business
operation.
25. Archaeological monitoring is required with all ground disturbing activities. The
applicant will be required to provide a signed contract with a certified
archaeologist prior to building permit issuance. The archaeologist is required to
provide a letter to the City prior to Planning Department Final stating that all
recommended procedures were completed.
BP/ FI PS
26. The applicant shall hire a qualified biologist to provide a nesting bird survey and
survey for special status species within 3 months prior to construction
commencement. This survey shall include a survey for eagle nests within 1 mile
of the project site. The applicant shall follow all recommendations of the qualified
biologist and shall obtain all permits from the Department of Fish and Wildlife.
27. Trash receptacles shall be provided at or near the access gate, adequately
screened as determined by the Community Development Department, and of
sufficient size to serve the facility.
28. Overnight occupancy shall be strictly prohibited on site.
29. Private Security shall maintain security at site and shall be the first point of contact
for response to any security related issues.
Public Works
30. At Building permit submittal, provide updated Stormwater Control Plan (and
reflect on Grading Plans) indicating the areas outside of the drive aisles will not
be compacted >85% compaction to allow infiltration to meet Post Construction
requirement #1 to reduce impervious surface as far as practicable.
BP PW
31. Parking spaces are noted to be native material and are susceptible to pollutant
discharge from vehicles. At time of building permit submittal, on the plans and
with supplemental documents, provide drip pans and spill kits for leaks or other
spills under all vehicles at all times, similar to what would be found in a municipal
yard. (Reference industrial or municipal stormwater requirements for construction
or corporation yard spill prevention.)
A disposal station with spill kit supplies and covered cans for soiled materials shall
be located on the site for individuals using the facility and maintained by the
company who leases the land and runs the business.
A contact phone number shall be made available to call if a facility user/customer
has a spill. Provide copy of a Spill Response Plan to City for review and approval.
This plan must be in place to provide a procedure for cleaning up major spills,
including sewage or gray water leaks, in a timely manner with contact information
for those who would be responsible parties.
Any spills shall be reported to AMWC and the City of Atascadero immediately.
The site shall be inspected a minimum of twice weekly to ensure compliance.
BP/
Ongoing
PW
Resolution No. 2023-071
Exhibit A
ITEM NUMBER: A-5
DATE: 02/27/24
ATTACHMENT: 5
Page 51 of 121
EXHIBIT B: Site Plan USE21-0107 Light Pole Security Camera (N) 6’ vinyl coated chain link fence (E) Chain link fence Anza Trail (N) Split rail fence (as conditioned) (N) 6’ vinyl coated chain link fence Repurposed 6’ chain link fence Resolution No. 2023-071Exhibit BITEM NUMBER: A-5 DATE: 02/27/24ATTACHMENT: 5 Page 52 of 121
ITEM | 11/15/2022 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC EXHIBIT C: Preliminary Grading and Drainage Plan USE21-0107 Resolution No. 2023-071Exhibit CITEM NUMBER: A-5 DATE: 02/27/24ATTACHMENT: 5 Page 53 of 121
ITEM | 11/15/2022 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC EXHIBIT D: Landscape Plan (as modified) USE21-0107 Resolution No. 2023-071Exhibit DITEM NUMBER: A-5 DATE: 02/27/24ATTACHMENT: 5 Page 54 of 121
X X X X Resolution No. 2023-071Exhibit DITEM NUMBER: A-5 DATE: 02/27/24ATTACHMENT: 5 Page 55 of 121
ITEM NUMBER: B-1
DATE: 02/27/24
Atascadero City Council
Staff Report – City Manager’s Office
2023 Risk Management Update
RECOMMENDATIONS:
Council receive and file the 2022-23 Risk Management update.
DISCUSSION:
The City of Atascadero Risk Management Program includes policies, programs,
insurance, and risk pool coverage to minimize the City’s risk exposures from employee
injury claims, third-party liability claims, or property loss.
The California Joint Powers Insurance Authority (CJPIA) is the City's provider of
Risk Management Services, which includes coverage for Liability, Workers'
Compensation, and Property Insurance claims. The CJPIA acts as the City's agent in
claims processing and litigation and provides the City with regulatory safety training to
meet Occupational Safety and Health Administration (OSHA) requirements as
well as policy implementation, staff development training, and operational guidance. In
addition, the CJPIA works closely with the City's Risk Manager to execute best practices
and review the City's Risk Management programs and policies in order to proactively
reduce risk exposure and control costs to the City.
The City’s Risk Management Program focuses on identifying, evaluating, and
addressing loss exposures through various mitigation and preventative services. The
program’s areas of focus include addressing exposures related to Workers’
Compensation, General Liability, Property, Cyber, Crime and Special Events.
Workers’ Compensation
This program focuses on ensuring employee safety and reducing employee injury
proactively through such things as the establishment and implementation of safety
policies and programs, required staff training on safe workplace practices, conducting
Citywide and Departmental workplace safety and risk assessments and safety
meetings, and holding quarterly City Safety Committee Meetings to review injuries and
safety training requirements and progress, and site safety inspections.
General Liability Program
This program includes identifying the areas of risk exposure for the City and
developing or maintaining programs that will minimize or mitigate liability exposure.
General liability is any claim against the City including, but not limited to vehicle
accidents, trip-and-falls, storm damage, sewage backup, and errors and omissions.
Page 56 of 121
ITEM NUMBER: B-1
DATE: 02/27/24
Property Program
This program focuses on managing risk associated with the City’s real and personal
property, including buildings, automobiles, equipment, and related infrastructure in the
City’s care.
Cyber Program
This program focuses on managing risk associated with Cyber Crime, Network
Security, and Privacy Incidents.
Risk Assessment/LossCAP Program
The CJPIA works with the City through the Loss Control Action Plan (LossCAP)
Program to reduce the frequency and severity of claims, and to provide an integrated
approach to managing the City’s risk exposures. Program administration is
accomplished through the CJPIA’s regional risk manager. Tim Karcz, Senior Risk
Manager for Region 2, works closely with the City to help assess, understand, and
manage the City’s unique risks. Through LossCAP, Mr. Karcz reviews and makes
recommendations for corrections to:
• City policies and programs
• Contractual language and insurance requirements
• Public facilities including sidewalks, streets, parks and buildings
• Training programs and procedures
The City’s assessments also include a regular review of claims in an effort to learn from
and identify areas for correction to prevent future exposures.
Reporting and Claims History
The City’s cost of coverage with the CJPIA is primarily based on the City’s Payroll and
loss experience.
The CJPIA provides the City with Overview reports on the City's General Liability and
Workers' Compensation Claims. These claim status reports summarize the claims
history over a five-year period, the category or cause of claims, cost centers, and a
comparison to other agencies of a comparable size. The five-year claims history is
used in calculating the City's premiums. The City's claims are regularly reviewed in
an effort to learn from and identify areas for correction to prevent future exposure.
2023 Annual Report
For the 2022-23 Coverage Period, the City’s cost of claims remains below the pool
average for both Workers Compensation and General Liability claims. There are 126
member agencies making up the CJPIA, of which only approximately 40 agencies have
Law Enforcement and Fire.
1. Workers Compensation: The total number of worker’s compensation claims in
the 2022-23 policy year was 17, with all 17 closed. The highest frequency was
strains, with an overall average severity of $39,248 for the five-year period.
Consistent with the rest of the pool, the City’s majority of losses occur amongst
employees engaged in the more physical work activities within Departments such
as Police, Fire and Public Works. Although these Departments have the highest
Page 57 of 121
ITEM NUMBER: B-1
DATE: 02/27/24
incidents of claims, in overall comparison with the pool claim volume is relatively
low and the cost to the City remains below the pool average.
2. General Liability Program: The City had 37 total liability claims for the policy year.
Of those claims, 22 were closed and the additional 15 continue to be managed
with the assistance of Carl Warren, the CJPIA’s Third Party Administrator.
Currently, 3 claims have resulted in litigation. Over the five-year period, the City
has paid on average 19% less than the pool average, per $100 of payroll. The
City’s claims for damages have been adjusted to address claims for damages as
a result of the 2023 storms and include claims related to Police and Fire. Only
approximately 40 of the agencies in the pool include Police and Fire in their data
and statistics and Atascadero continues to remain well below the pool average.
Staff and CJPIA continue to manage and defend the City to limit its exposure.
FISCAL IMPACT:
None.
Page 58 of 121
ITEM NUMBER: C-1
DATE: 02/27/24
$
Atascadero City Council
Staff Report – Public Works Department
2024 Community Development Block Grant
Funding Recommendations
RECOMMENDATION:
Council review and approve funding recommendations for the 2024 Community
Development Block Grant (CDBG) program as shown below and authorize staff to adjust
award amounts proportionately upon receipt of the final funding amount.
DISCUSSION:
The 2024 CDBG award process began in the fall of 2023. Workshops were held
throughout the County to solicit public comment on community needs. The County
published a request for CDBG proposals and the City received four applications. Total
available funding for the 2024 cycle, based on previous levels, is anticipated to be
approximately $134,205. Final funding amounts are anticipated to be released by the
Department of Housing and Community Development (HUD) in spring 2024.
A public hearing was held by the Council on December 12, 2023, to review applications
and make draft recommendations for 2024 Cycle CDBG funding. The following table
summarizes the CDBG categories and applications received, including the application
amount and Council draft recommendations.
AWARD
AMOUNT
PUBLIC FACILITIES (PF) & HOUSING PROJECTS (HP) CATEGORY (65% Min.)
1.CITY OF ATASCADERO - Viejo Camino Sidewalk and ADA Improvements 87,233$
87,233$
1.CITY OF ATASCADERO - Youth Activity Scholarships 12,500$
2.EL CAMINO HOMELESS ORGANIZATION (ECHO) - Operation of Homeless Shelter 7,631$
3.5 CITIES HOMELESS COALITION - Subsistence Payments, Homeless Assistance, & Security Deposits -$
20,131$
1.SLO COUNTY - Program Adminstration (13%)17,447$
2.CITY OF ATASCADERO - Program Adminstration (7%)9,394$
26,841$
134,205$
Subtotal:
Total:
CDBG CATEGORIES & APPLICATIONS
Subtotal:
PUBLIC SERVICES CATEGORY (15% Max.)
Subtotal:
ADMINISTRATION (20% Max.)
Page 59 of 121
ITEM NUMBER: C-1
DATE: 02/27/24
Below is a summary of the applications received.
City of Atascadero - Viejo Camino Sidewalk and ADA Improvements
This project proposes to construct approximately 450 linear feet of new ADA compliant
sidewalk, and curb ramps at two locations on Viejo Camino between El Camino Real and
Halcon Road. The sidewalk infill will also provide connection to a regional bus stop which
will provide a new bench and shelter for riders. RTA has provided a letter of support for
this project. This project warrants improvements to increase accessibility for the traveling
public due to its dilapidated and non-compliant condition. The infrastructure
improvements providing wheelchair ramps and ADA compliant sidewalks will aid those
with mobility impairments.
In 2021 Council approved $68,683 for partial funding of for the Viejo Camino Sidewalk
Project. The estimated total project cost is now estimated at $160,000, which requires
$91,317 in additional funding to complete.
El Camino Homeless Organization (ECHO) - Operation of Homeless Shelter and Meals
ECHO operates Navigation Centers with overnight shelters in Atascadero and Paso
Robles. This program provides funding for operational costs at both Navigation Centers,
including utilities, food for meal programs, shelter supplies, insurance, and maintenance,
as well as for staff positions. The project also supports all or a portion of the following staff
salaries at the two sites: four case managers, two overnight shelter coordinators, a
volunteer coordinator, a shelter manager, a client services manager, and a daytime
program manager.
ECHO’s Atascadero Navigation Center has a 60-bed shelter serving all county residents
and providing care for medically fragile clients. Through a partnership with People’s Self-
Help Housing and Housing Authority SLO, ECHO added 50 beds in 2020 by purchasing
a Motel 6 property in Paso Robles with a state Project Homekey grant.
APPLICATION
AMOUNT
COUNCIL
DRAFT REC.
PUBLIC FACILITIES (PF) & HOUSING PROJECTS (HP) CATEGORY (65% Min.) - Est. $87,233
1.CITY OF ATASCADERO - Viejo Camino Sidewalk and ADA Improvements 90,000$ 87,233$
90,000$ 87,233$
1.CITY OF ATASCADERO - Youth Activity Scholarships 12,500$ 12,500$
2.EL CAMINO HOMELESS ORGANIZATION (ECHO) - Operation of Homeless Shelter 6,000$ 7,631$
3.5 CITIES HOMELESS COALITION - Subsistence Payments, Homeless Assistance, &
Security Deposits 4,667$ -$
23,167$ 20,131$
1.SLO COUNTY - Program Adminstration (13%)17,447$ 17,447$
2.CITY OF ATASCADERO - Program Adminstration (7%)9,394$ 9,394$
26,841$ 26,841$
140,008$ 134,205$
SUBTOTAL:
TOTAL:
CDBG CATEGORIES & APPLICATIONS
SUBTOTAL:
PUBLIC SERVICES CATEGORY (15% Max.) - Est. $20,131
SUBTOTAL:
ADMINISTRATION (20% Max.) - Est. $26,841
Page 60 of 121
ITEM NUMBER: C-1
DATE: 02/27/24
At the Navigation Centers, shelter clients and the unsheltered access case management,
employment and benefits resources, and housing resources. ECHO helps clients to
connect with agencies providing health and mental health services, recovery programs,
educational assistance, and other services that will help clients reach their goals of stable
housing and physical and mental well-being. The public shower program provides access
to showers and donated clothing five times weekly for those not staying in a shelter.
5 Cities Homeless Coalition (5CHC) - Subsistence Payments, Homeless Assistance,
and Security Deposits
Rapid re-housing involves case management targeted at identifying displaced clients’
most essential needs and connecting them to community resources. Homeless
Prevention Services are provided to those at immediate risk of homelessness based on
need and qualification. Clients receive targeted case management services per their
individual circumstance, in addition to direct financial assistance to enable them to remain
in their housing, or deposit assistance needed to re-house them to prevent
homelessness. The goal is to assist participants to secure long-term stable housing that
they can afford to retain. By connecting people with a home, they are in a better position
to address other challenges that may have led to their homelessness, such as obtaining
employment or addressing substance abuse issues.
City of Atascadero - Youth Activity Scholarship Fund
The City administers the Youth Activity Scholarship Fund to allow the children of very low
and low-income families to participate in recreational and social activities, to keep children
active and engaged. Because this program is limited to very low and
low-income families, the benefit criteria will be met.
There is a minimum award threshold of $8,000 per project, which requires the cumulative
sum of all application awards for any individual project must be $8,000 or greater. For
instance, if the City awards less than $8,000 to any project application, the remaining
balance will need to be programmed to the project by the County or other cities for the
project to be viable for funding. Based upon the draft recommendations, this condition
would apply to the ECHO and 5 Cities Homeless Coalition on the 2024 funding cycle.
Both project applications have adequate funding to meet the $8,000 minimum threshold.
Once Council has approved the funding recommendations for the 2024 CDBG program,
they will be forwarded to the County for approval by the Board of Supervisors and
inclusion in the countywide Consolidated Plan.
The amount of funding shown for 2024 is an estimate provided by the County based on
available information from the U.S. Department of Housing and Urban Development. If
the amount awarded to the City is more than the amounts shown, the additional amount
will be dispersed proportionately among the awarded applicants.
FISCAL IMPACT:
Approval of Atascadero’s total 2024 CDBG allocation would result in the estimated
revenue and expenditure of $134,205 of CDBG funds.
Page 61 of 121
ITEM NUMBER: C-1
DATE: 02/27/24
ALTERNATIVES:
Council can deviate from their draft recommendations and make different final
recommendation awards. This alternative is not recommended since the County has
compiled all the various agency draft funding recommendations.
ATTACHMENTS:
None; a complete packet of submitted applications is available for public review at the
City of Atascadero, Public Works Department, 6500 Palma Avenue.
Page 62 of 121
ITEM NUMBER: C-2
DATE: 02/27/24
Atascadero City Council
Staff Report - Community Development Department
Text Amendments to Title 3: Finance and Title 9: Planning & Zoning
ZCH22-0053
(City of Atascadero)
RECOMMENDATIONS:
Planning Commission recommends Council:
Introduce, by title only, and waive first reading of Draft Ordinance entitled: “An Ordinance
of the City Council of the City of Atascadero, California, Amending Various Chapters and
Sections Within Title 3: Finance, and Title 9: Planning & Zoning, of the Atascadero
Municipal Code for General Plan and Processing Consistency and to Provide Clarity
Related to Development Standards and Land Use Definitions.”
REPORT-IN-BRIEF:
The City Council authorized a number of code amendments to streamline the planning
review process, fix minor inconsistencies, and provide greater clarity. Amendments to
both Title 3 and Title 9 are included for review. The amendments cover the following topic
areas:
1. Clarify zoning and development requirements for towing services
2. Redefine co-working uses
3. Clarify permitting requirements for temporary events
4. Limit oversized equipment for home occupations
5. Revise land use Definition for Personal Services - restricted
6. Clarify residential density in the Downtown
7. Modify and clarify requirements for residential care homes
8. Clarify equipment screening requirements
9. Clarify requirements and standards for security fencing
10. Clarify requirements and standards for residential accessory structures
11. Refine recreational land uses in the commercial park zoning district
12. Clarify and simplify the process for cardroom business licenses
13. Clarify definition for residential additions
14. Modify zoning code for large family day care facilities to align with State law
15. Resolve setback inconsistencies
Page 63 of 121
ITEM NUMBER: C-2
DATE: 02/27/24
16. Fix parking typo
17. Modify driveway standards for consistency with Fire Code
18. Clarify appeal language
19. Add DRC to public hearing section
These proposed amendments are considered minor in nature and do not change the
overall intent of the Code. The proposed amendments are consistent with the General
Plan and further the City’s goals of streamlining development and providing consistency
and clarity to developers and property owners.
DISCUSSION:
Background:
A review and update to the City’s zoning regulations is necessary to continue to keep
pace with changing State laws and to refine the City’s policies for General Plan
consistency and permit streamlining. Continued “clean-up” is also needed to ensure clarity
and consistency. Title 3 is included in this update as Planning staff processes business
licenses requesting Cardrooms and modifications are needed to align with current practices.
Due to the large volume and scope of the text amendments that need to be completed,
staff brought a draft list of amendments for preliminary review and prioritization to the City
Council on May 23, 2023. The City Council provided recommendations and direction for
staff to bring the discussed amendments forward through the process for final adoption.
The following analysis summarizes the recommended zoning amendments for 2024.
The Planning Commission reviewed the proposed amendments at their February 6, 2024,
meeting and recommended that the City Council approve the proposed Code
modifications.
ANALYSIS
A. Clarifying Zoning Requirements
These amendments are intended to clarify the intent of the General Plan and implement
slight changes to zoning to specify where certain land uses may be allowed. These
clarifications will provide clear direction to staff and members of the public while ensuring
consistency with the City’s General Plan.
1. Clarify where a towing service is allowed and develop standards for towing
yards
Towing and impound yards (AMC 9-3.330, AMC 9-3.500, 9-6.167)
The Zoning Code allows a vehicle towing service under the definition of “Service
Stations”. Impounding of vehicles is typically a component of towing and is only allowed
within the Industrial Zone under the definition of Storage, Recycling, and Dismantling of
Vehicles and Material. The Service Stations land use designation historically applied to a
gas station. Service stations are conditionally allowed uses within retail focused and other
Page 64 of 121
ITEM NUMBER: C-2
DATE: 02/27/24
commercial zoning districts along El Camino Real and Morro Road. Modern fuel stations
no longer service vehicles and no longer have a towing and vehicle repair component.
Retail and tourist districts where fuel stations are located are no longer suitable for towing
services. Therefore, towing services need to have their own classification, similar to auto
repair and vehicle storage. These land uses are most suitable in a service commercial or
industrial zone, subject to specific standards. Under current regulations and standards,
there are few if any locations in the city that can accommodate a towing service with a
small impound yard. This land use definition addition intends to increase the locations
that a towing service may locate in the city while applying standards to how large the
impound area can be.
• This amendment would create a new “Towing Services” land use definition. The
updated code would allow towing services within the Industrial and Industrial Park
zoning districts and within the Commercial Service district with a use permit.
• New development standards would limit total onsite outdoor storage of vehicles to
8,000 square-feet in conjunction with a towing service, without approval of a use
permit.
• In conjunction with this change, automotive wrecking yards, which fall in the land
use definition of Storage, Recycling and Dismantling of Vehicles and Material,
would shift to a Conditionally allowed use instead of an Allowed use within the
Industrial Zone to differentiate between the scope and scale of the uses.
2. Re-define coworking from “Business Support Services” to “Offices” definition
Definitions (AMC 9-3.500)
Business Support Services are generally intended to be a retail or business service-
oriented use that is open to customer visitation with limited or no storage. This land use
is currently allowed within most commercial districts, including the Downtown Commercial
district. The current list of example uses includes:
a. Blueprinting and reprographics, copying and quick printing services;
b. Computer related services, repair and rental;
c. Private mail and mailbox service not affiliated with federal mailing agency;
d. Coworking spaces, incubator-type services that provide office-type working
spaces for a fee.
To ensure consistency with the General Plan and intent of the Downtown zoning district,
coworking uses will be placed under the definition of Offices to more closely align with
use patterns and intent. This would not impact the existing coworking space or Chamber
of Commerce office in Colony Square because offices are allowed on the ground floor
when they are located south of Atascadero Creek and outside of the downtown “core”.
The City wants to continue to support the expansion of coworking offices adjacent to the
downtown or within the core when they are above the ground floor and this shift will not
alter that goal.
3. Clarify permitting requirements for temporary events on private and public
property
Temporary Events (AMC 9-6.177, 9-3.500)
Page 65 of 121
ITEM NUMBER: C-2
DATE: 02/27/24
The City wants to encourage small-scale temporary events on established commercial
properties as an economic development tool. This code amendment is intended to reduce
the permitting requirements for small-scale temporary events on established commercial
properties and clarify standards for larger events that need review by the City’s Fire,
Planning, Building, and/or Public Works team. The current code lacks a sufficient
definition of when a temporary event permit shall be required or whether the event is a
temporary extension of an existing business. The city does not want to stifle business from
offering outdoor seating, outdoor sales events, or promotions when they are on private
property.
The Zoning Code currently defines Temporary Events as: “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”
Examples include circuses, art shows, festivals, concerts, etc. The listed examples allude
to larger-scale events and, thus, standards are not specifically designed for smaller-scale
events associated with pop-up events or sales events accessory to existing commercial
businesses. Temporary events are allowed in all zoning districts and require a Conditional
Use Permit when more than three days for onsite setup and teardown is needed. Specific
standards for temporary events are listed in the Atascadero Municipal Code (AMC 9-
6.177).
Other types of temporary events may include the use of a vacant lot for a temporary or
mobile business such as a food truck court, skating rink, or other longer term temporary
land uses. These uses are often welcome in the City but are different than a pop-up event
at an existing business and represent a different class of temporary events.
4. Restrict Oversized Equipment for Home Occupations:
Home Occupations (AMC 9-6.105)
The Zoning Code allows for a Home Occupation as an accessory use of a dwelling unit
for gainful employment involving the manufacture, provision, or sale of goods or services.
Home occupations are limited to office, personal services with limited clients, small-scale
Ag, off-site sales, and handicraft or artwork production. The Code requires that a home
occupation not change the residential character of the residence and that, on sites of less
than one acre, the business must be conducted entirely indoors while properties over one
acre may occur outside as long as storage of materials and equipment is screened from
adjacent properties and the street. In some cases, home businesses may appear more
like a commercial business when there are larger trucks, heavy equipment, or other
significant storage, which can be inconsistent with the residential character of the
neighborhood.
To ensure compatibility with the neighborhood, this code amendment would:
1. Limit the storage of heavy equipment to one item that may be stored onsite when
it’s entirely screened from the public right-of-way and adjacent parcels.
Page 66 of 121
ITEM NUMBER: C-2
DATE: 02/27/24
2. Require storage of heavy equipment to be approved the by City Engineer to
review adequate access and ensure that the equipment will not unreasonably
impact surrounding public streets.
3. Define heavy equipment as “self-propelled, self-powered or pull-type equipment
and machinery, weighing 5,000 pounds or more, primarily employed for
construction, industrial, and forestry uses (e.g., water tender, backhoe, mini-
excavator, and SWECO tractor).”
5. Revise the land use definition for Personal Service – Restricted
Definitions (AMC 9-3.500)
The current definition for “personal service – restricted” contains outdated language that
can be seen as discriminatory toward certain types of businesses. This modification will
remove the first sentence and leave the remaining list of businesses that fall under this
category.
6. Clarify residential density in the Downtown zoning district
DC/DO Zone (AMC 9-3.347)
Standards for development within the downtown core are established in a separate
zoning code section than standards for other commercial zoning districts. During the 2021
Zoning Code update, residential density was established for commercial zoning districts
that allow for mixed-use development. This density was established by the General Plan
and was consistent with the 2020 Housing Element which called for establishing
24du/acre as the residential density in mixed-use zones. The Code was amended to read
as follows:
9-3.331 Mixed-use residential density.
Mixed-use developments within commercial zoning districts that allow for
multifamily uses shall have a maximum base density of twenty-four (24) dwelling
units per acre.
This Code section established residential density for all commercial zoning districts that
allow for mixed-use development. As the Downtown standards are located in a separate
code section, updates to the downtown district were inadvertently omitted from this
update, creating an inconsistency. The proposed code amendment would modify the
downtown specific standards changing the residential density from 20 du/acre to 24
du/acre consistent with the above code section. It is important to note that mixed-use
density is being analyzed as part of the General Plan Update effort. This amendment
establishes consistency within existing code and is independent from modifications being
considered as part of the Citywide General Plan Update process.
B. Development Standards for Streamlining
7. Reduce the required minimum lot size for Residential Care homes with over six
clients
Residential Care facilities development standards (AMC 9-6.135)
Page 67 of 121
ITEM NUMBER: C-2
DATE: 02/27/24
The Zoning Code defines Residential Care as “a single-family or multiple-family dwelling
unit that is licensed or supervised by a Federal, State, or local health/welfare agency that
provides nonmedical 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.” Consistent with State Law, Residential Care Facilities are
allowed in all agricultural and residential zoning districts when they have six or fewer
clients. Facilities with seven or more clients require a Conditional Use Permit. Under
current standards, all Residential Care facilities must meet the minimum standards listed
below:
a) Minimum Site Area. Twenty thousand (20,000) square feet is the minimum site
area for more than six (6) boarders.
b) Fencing. Any play areas for children are to be fenced to prevent uncontrolled
access to and from the site.
c) Parking. For facilities with more than six (6) boarders, parking is to be provided
as set forth in Section 9-6.134(b).
The minimum site area (item a) limits the ability of some property owners to operate these
types of facilities. Since Residential Care Facilities operate similarly to a single-family or
multi-family residence, the proposed code amendment would reduce the minimum lot size
requirement to 10,000 square feet to allow these facilities within multi-family areas closer
to services and transportation. As a Conditional Use Permit would still be required for
larger facilities, the Planning Commission would have the discretion to review proposals
for larger facilities and determine appropriateness of site amenities, but smaller facilities
would be able to be more easily accommodated. Additionally, the section is also amended
to clarify that parking shall meet multi-family standards, rather than a per bed ratio for a
more medical type residential care facility use.
8. Expand the types of equipment that must be screened
Fencing and Screening (AMC 9-4.128)
The Zoning Code contains standards for screening mechanical equipment including air
conditioning and heating devices but there is no guidance on how to screen all other
equipment such as utility meters, cable equipment, backflow prevention assemblies,
electrical transformers, etc. Since there are currently no codes requiring screening for
these equipment types, they often get installed in visible places. Staff proposes to amend
the Code to expand the types of equipment that must be screened when not incorporated
into buildings to include all equipment categories so they are less apparent from the public
right-of-way or adjacent residential zones. Staff also included an exception that can be
approved by the Design Review Committee (DRC) if the screening or incorporation is
infeasible.
9. Allow certain security fencing in industrial zones with DRC approval; restrict
in commercial
Fencing and Screening (AMC 9-4.128)
The Code does not currently address the use of barbed or Concertina wire fencing
on any property, regardless of zoning. When projects are subject to design review, the
Page 68 of 121
ITEM NUMBER: C-2
DATE: 02/27/24
Design Review Committee (DRC) may make suggestions regarding the wire. If the
property does not require design review they are currently allowed to install these types
of wire anywhere on their property, including within the setbacks.
This amendment would:
• Prohibit barbed, concertina, or razor wire topped fencing within a Downtown or
commercial zoning district including Commercial Park (CPK).
• Allow these types of fencing in industrial zones when approved by the Design
Review Committee if they can find that the fencing is consistent with the
surrounding area and will not cause a health and safety hazard.
• Not apply to agricultural fencing utilized in a low height (4 feet or less) rural setting
to enclose livestock.
10. Clarify language regarding oversized accessory structures and change the
conforming lot size requirement to a minimum one-acre lot size, increase the
number of structures without a use permit
Accessory Structures Regulations and Lot size (AMC 9-6.106)
In the most recent Zoning Code update, a change was made to streamline the process
for oversized accessory structures if certain size, location, and design standards are met.
The code amendment was intended to allow accessory structures up to half the size of
the primary residence without restriction, or up to 100% of the size of the residence to a
maximum of 2,000 square feet with additional standards incorporated. A larger accessory
structure, or one that does not meet specified criteria, would require review of an
Administrative Use Permit. However, the code language is confusing and does not read
as intended. Current Code also limits the number of non-exempt accessory structures to
2 on a property. Staff has found that this limit can be onerous based on the size and
nature of most single-family parcels in Atascadero.
The proposed changes will clarify and streamline review process by clarifying the process
for accessory structures of varying sizes, eliminate the conforming lot size requirements
and setting a minimum site size of 1 acre for larger structures, clarify the exception
process, and set the allowed number of accessory structures to 3.
11. Refine recreation land uses in the CPK Zone
Nonresidential district allowable uses (AMC 9-3.330)
The Commercial Park zoning district, generally located along El Camino Real at the
northern end of Atascadero, is intended for light industrial uses as well as uses requiring
larger areas of land that support employment, recreational, resident, and tourist activities.
The existing General Plan land use description is as follows: Commercial Park (CPK) This
designation applies to areas along the northern portion of El Camino Real to
accommodate uses that require large parcels, such as automobile and mobile home
sales, factory outlet centers, traveler destination and recreation complexes, craft uses,
nurseries and planned commercial developments. Certain types of light industrial uses,
including research and development facilities and clean manufacturing facilities, along
with office parks and business uses may also be appropriate in this area.
Page 69 of 121
ITEM NUMBER: C-2
DATE: 02/27/24
Based on this definition, the CPK zone allows for uses such as Amusement Services and
Indoor Recreation but omits Outdoor Recreation as a possible land use. Based on the
above General Plan guidance, Outdoor Recreation uses may be appropriate in the CPK
zone. Staff is recommending adding Outdoor Recreation with the approval of an
Administrative Use Permit (AUP) in the CPK zoning district to allow for expanded
recreational opportunities. As an AUP, the Planning Director would have discretion to
determine compatibility with the surrounding area and provide conditions for operation as
needed.
C. Fix Inconsistencies and Other Cleanup
12. Clarify and simplify process for approving Cardrooms
Cardroom Approval Process (AMC 3-5.105)
The City of Atascadero’s Municipal Code Section 3-5.105 (Cardrooms) sets forth
business license approval process that is outdated. Many of the requirements created in
the past are now duplicative due to state gambling license requirements. Staff recently
assisted Outlaws Cardroom with a new business license due to a change of ownership
and discovered that the process includes substantial City staff time on items that are
already accommodated at the state level.
Most of the listed requirements are repetitive of the State of California’s
requirements to license a cardroom. Based on this, the following amendments are
proposed to Title 3:
a. Allow for applicants to submit a $500 surety in lieu of a bond. The amount is
too low to warrant an authorized surety company to issue.
b. Allow for applicants to submit State-issued gambling license from the California
Gambling Control Commission In lieu of City issued work permit. This is duplicative
as the state has covered this task.
c. Allow for ministerial business license approval by staff once all of the above
steps are complete, rather than going to City Council.
d. Remove requirement for City issued work permits for all cardroom employees.
e. Other changes to streamline the process and remove redundant work.
It is important to note that this amendment does not affect land use regulations and
standards related to Card Rooms, which are included under the “Personal Services –
restricted” definition.
13. Clarify Definition for Uninhabitable Space Additions
General Definitions (AMC 9-9.102)
Atascadero Municipal Code Section 9-9.102 defines how “habitable” residential additions
need to be connected to a primary structure in order to be considered an addition. This
code was intended to help alleviate the construction of unpermitted accessory dwelling
units that are often included with a residential “addition”. The Code includes provisions
for a “logical internal connection”. This same Code Section has been misinterpreted to
require a logical internal connection to non-habitable addition such as a garage, storage,
Page 70 of 121
ITEM NUMBER: C-2
DATE: 02/27/24
or workshop building. In many cases, applicants attach these structures to their primary
residence in order to avoid being subject to the maximum size limits of an accessory
structure.
Another part of the municipal code regulates the size of a detached accessory structure,
Atascadero Municipal Code Section 9-6.106. It states that size may not exceed 100% of
the size of the principal structure, or 2,000 square feet, whichever is less. This code
section does not limit the size of an attached accessory structure. However, the municipal
code does not contain a clear definition of attached vs detached accessory structures that
are not habitable floor area.
The proposed text amendment would clarify that residential additions are considered both
habitable and non-habitable additional and confirm that a logical internal connection is
only required for habitable additions.
14. Modify zoning code for consistency with State law specifying that Large Family
Day Care is an allowed use in residential zones
Day Care Regulations (AMC 9-3.230, AMC 9-3.330, AMC 9-6.125, AMC 9-6.500)
The Zoning Code separates the Day Care land use definition into four separate
categories:
1. Child Care Centers approved to accommodate day time care for fifteen or more
children,
2. Large Family Day Care Home providing supervision for seven to twelve children,
3. Small Family Day Care Home providing day care for six or fewer children; and
4. Adult Day Care Facility providing supervision for adult clients.
Adopted in September 2019 and enacted in January 2020, Senate Bill 234 directs
municipalities to treat Large Family Day Care homes the same as Small Family Day Care
homes. This means a jurisdiction cannot require a Use Permit or business license for a
large or small family child care home. This State law also increases the number of children
that can be accommodated in a large family day care from 12 to 14.
The Code will be amended to:
1. Revise the definition of Large Family Day Cares to allow for up to fourteen children.
2. Change Large Family Day Cares to an allowed use in the Residential Suburban
(RS), Residential Single-Family (RSF), Limited Single-Family (LSF) and
Residential Multi-Family (RMF) zones where they were previously allowed with a
conditional use permit. Child Care Centers with 15 children or more will still require
conditional use permit approval in all of these zoning districts.
This amendment will also revise Section 9-6.125 which outlines design requirements for
these types of facilities. The Code will be updated to require day care facilities with 7 to
14 children to have at least one parking space per employee, two guest parking spaces,
and an off-street loading area that can accommodate at least two cars. Parking
requirements for facilities with more than fourteen children will be determined through a
Conditional Use Permit.
Page 71 of 121
ITEM NUMBER: C-2
DATE: 02/27/24
15. Resolve code inconsistencies for side and rear setback exceptions
Side and Rear setbacks (AMC 9-4.107, AMC 9-4.108)
The Zoning Code allows for enclosed structures to project into the side and rear setbacks
in two different sections:
AMC Section 9-4.107 allows a side yard to be used for an accessory building that is no
greater than twelve feet in height, provided that it is not used for human habitation or the
keeping of animals. The Code allows these structures to be located as close as three (3)
feet to the side property line and requires that they be located in the rear half of the lot.
There is no restriction on the size limit of the structure as long as is less than twelve feet
tall. Five feet is the standard side setback.
AMC Section 9-4.108 also allows for an accessory structure with all of the previous
qualifications to be as close as three feet to a rear property line, regardless of size.
AMC Section 9-6.106 allows residential accessory structures one hundred-twenty square
feet or less as close as three feet to the side and rear property lines as long as the
structure:
1. Does not create a nuisance;
2. The use of the structure is permitted under its zoning;
3. The structure is less than 12 feet in height;
4. The structure is outside the required front setback.
Having different references in separate code sections causes confusion for staff and
members of the public. The proposed Code amendment removes references of a setback
exception from Code Sections 9-4.107 and 9-4.108 and leaves the remaining language
in Section 9-6.106 for structures less than 120 square-feet.
16. Correct typo in AMC 9-4.118
Required number of parking spaces (AMC 9-4.118)
Atascadero Municipal Code Section 9-4.118 lists the minimum number of parking spaces
required according to different land uses. One of the land uses listed is “Eating and
Drinking Places”. This use includes restaurants, bars, coffee shops and similar
establishments where food is served and consumed on-site. The code incorrectly states
that for customer spaces, the use requires “1 table per patron” when it should say “1 per
table”. Staff proposes to amend this small typo for clarity in the future. This change does
not affect the number of parking spaces that are currently required.
17. Remove chip seal surfacing as a non-skid option for residential driveways
with a slope greater than 12% to be consistent with the City’s adopted Fire
Code
Driveway standards for single-family residential use (AMC 9-4.123)
The Zoning Code currently requires driveways with a slope of 12% or greater to be
surfaced with asphalt, concrete, or chip seal. Driveways with lesser slopes are allowed to
Page 72 of 121
ITEM NUMBER: C-2
DATE: 02/27/24
use any kind of all-weather surfacing. The City’s adopted fire standards do not allow chip
seal to be used as an alternative to achieve a non-skid surface. In order to fix this, staff
is proposing to remove the option to use chip seal on driveways of 12% or greater as a
non-skid option.
18. Revise appeal language for consistency with code intent
Appeal (AMC 9-1.111)
AMC Section 9-1.111 currently states “Decisions of the Planning Department or
Planning Commission may be appealed by an applicant or any aggrieved person,
including the Planning Commission and the City Council, and individual members
thereof.” This language may be misunderstood as implying that a member of the Planning
Commission or City Council could be considered an aggrieved person. The intent of the
Code is not to combine these into one. Therefore, the proposed amendments would
provide greater clarity addressing who can appeal a project.
In addition, the language related to the timing for scheduling an appeal is unclear. The
language is proposed to be modified to clarify that the hearing date needs to be
determined within 30-days of receipt of the appeal rather than the hearing occurring within
30-days. Based on legal noticing and staff report requirements, it is rarely possible to hold
a hearing on an item within 30-days of application. This code section is modified to clarify
that fees required for an appeal must accompany the letter appealing the project.
Therefore, in sections (a) and (b), sentences will be added including language that
states this.
19. Update Public Hearing requirements to include DRC
Public Hearings (AMC 9-1.110)
Current Code governing public noticing requirements was adopted before the Design
Review Committee was established. As such, this Code section needs to be updated to
include Design Review Committee for consistency with standard Planning Commission
and City Council procedures.
Conclusion
Each year, a series of zoning amendments is identified in order to keep the Zoning Code
a “living document” that can be responsive to economic development and the latest
changes to state and local policies. The proposed text amendments are intended to
provide a general update of code sections that lack clarity, respond to changing
development trends, or need greater specificity to achieve the City’s development goals.
The proposed amendments are consistent with the General Plan and further the city’s
goals of streamlining development and providing consistency and clarity to developers
and property owners.
ENVIRONMENTAL 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
Page 73 of 121
ITEM NUMBER: C-2
DATE: 02/27/24
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:
The proposed amendments are intended to clarify existing Code regulations or fix minor
inconsistencies; therefore, no fiscal impact will result from the adoption of this ordinance.
ALTERNATIVES:
1. The City Council may make modifications to the proposed text amendments. Any
proposed modifications should be clearly restated in any vote on any of the attached
ordinance exhibits.
2. The City Council may determine that more information is needed on some aspect of
the proposed amendments and may refer the item back to staff to develop the
additional information. The Council should clearly state the type of information that is
required. A motion, and approval of that motion, is required to continue the item to a
future date.
3. The City Council may deny the proposed amendments. The Council must specify what
findings cannot be made, and provide a brief oral statement, based on the Staff
Report, oral testimony, correspondence, or any other rationale introduced and
deliberated by the Council.
ATTACHMENTS:
1. Draft Ordinance
Page 74 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, AMENDING VARIOUS
CHAPTERS AND SECTIONS WITHIN TITLE 3: FINANCE AND TITLE 9:
PLANNING & ZONING, OF THE ATASCADERO MUNICIPAL CODE FOR
GENERAL PLAN AND PROCESSING CONSISTENCY AND TO PROVIDE
CLARITY RELATED TO DEVELOPMENT STANDARDS AND LAND USE
DEFINITIONS
TITLE 3, FINANCE, AND TITLE 9, PLANNING
AND ZONING CODE, UPDATES
(ZCH22-0053)
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 Title 3 and
Title 9 Atascadero Municipal Code amendments on February 6, 2024 at which hearing evidence,
oral and documentary, was admitted on behalf of said 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 February 27, 2024, considered testimony and reports from staff and the public
and introduced for first reading, by title only, an Ordinance amending Title 3 and 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 amendments update existing chapters for
clarity and consistency with the General Plan and State law.
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 contains provisions that address the unique characteristics
of Atascadero and provide for safe and orderly development of structures and land
uses consistent with State law.
Page 75 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1
3. FINDING: The Text Change will not, in itself, result in significant environmental
impacts.
FACT: The proposed code texts amendments align with what was intended in the
City’s current General Plan. Therefore, the amendments are consistent with the
previous General Plan Environmental Impact Report (EIR).
SECTION 4. CEQA. Because of the facts set forth in Section 3, 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 the following exhibits:
EXHIBIT A: Zone Text Change – Title 3: Finance
EXHIBIT B: Zone Text Change – Title 9: Planning and Zoning Code
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)
Page 76 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
INTRODUCED at a regular meeting of the City Council held on February 27, 2024, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of
California, on ___________, 2024.
CITY OF ATASCADERO:
____________________________________
Heather Moreno, Mayor
ATTEST:
_____________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Dave Fleishman, City Attorney
Page 77 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1A
3-5.105 Cardrooms.
(a) License Required. It shall be unlawful for any person for him or herself, or for any
other person, to engage in or carry on, maintain or conduct, or cause to be engaged in, carried on,
maintained, or conducted, any cardroom in the City without first having secured a license from
the City to do so according to each and every requirement of this section or without complying
with each and every regulation set forth in this section pertaining to such cardroom. Each
licensee and operator of a cardroom shall employ only those persons who have obtained a work
permit as defined and set forth herein.
(b) Definitions.
(1) Act. “Act” shall mean the Gambling Control Act as codified in Division 8, Chapter 5
of the California Business and Professions Code (commencing with Section 19800).
(2) Applicant. “Applicant” means every person who applies for a license to operate a
cardroom and every individual who requests a permit as provided for by this chapter.
(3) Billiard Parlor. For the purpose of this chapter, a “billiard parlor” or “pool room”
includes a fixed place of business of any kind where billiards, pool, snooker or eight-ball or other
similar games tables are maintained on the premises, whether or not coin-operated.
(4) Card Games. “Card games” as used in this chapter means all forms of card games
authorized by the State of California.
(5) Cardroom. “Cardroom” as used in this chapter means any building or structure, or any
portion of a building or structure, or any premises or place where any person or persons are
allowed to play a card game as defined in this section.
(6) Card Table. “Card table” as used in this chapter means a card table within a business
premises where there is carried on any card game for compensation, which game is not unlawful
under the provisions of California Penal Code Section 330, or any other provision of law.
(7) Chief of Police. “Chief of Police” means the Chief of Police and designee.
(8) Director of Administrative Services. “Director of Administrative Services” shall be the
Director and designee.
(9) Employee. “Employee” means every individual, employed either as an agent,
employee, or otherwise, of the licensee, as defined in this section, or under the direction and
control of the licensee of any cardroom, with or without compensation. Anyone who is required
to routinely enter into the card playing area during the course of his or her duties is considered an
employee. The term “employee” does not include a bartender, culinary worker or other person
not directly connected with the cardroom operation.
Page 78 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1A
(10) License. “License” as used in this chapter means a grant from the City Council
authorizing a person as defined in this section to operate a cardroom within the City of
Atascadero.
(11) Licensee. “Licensee” means the person, as defined in this chapter, to whom a
cardroom license has been issued pursuant to this chapter.
(12) Person. “Person” means and includes any individual, partnership, corporation or
combination, business entity or combination thereof.
(13) Work Permit. “Work permit” means a grant of permission from the Director of
Administrative Services to an individual allowed by this chapter to work as an employee in a
cardroom within the City of Atascadero.
(c) License—Application—Bond. To apply for a cardroom license, a person shall take the
following steps:
(1) Every applicant for a license shall first obtain a State gambling license as required by
the Gambling Control Act and the implementing regulations (California Code of Regulations,
Title 11, Division 3, Chapter 1, Article 1, Section 2000 et seq.). Every applicant shall fully
comply with the Act and the implementing regulations including, but not limited to, Section
2050 of Title 11 of the California Code of Regulations that requires an owner or a key employee,
as defined by the Act, to be on the premises, at all times that the establishment is open to the
public unless the Division of Gambling Control authorizes availability by telephone. Key
employees must obtain a key employee license as required by the Act;
(2) File with the City Clerk a written application, signed by the applicant, setting forth the
nature of the business that he or she wishes to engage in and the place where he or she proposes
to establish such business, including the particular building, and room or rooms;
(3) The true and correct name and address of each applicant of the building or structure
within which the cardroom is proposed to be maintained shall be included with the license
application. Written consent from the owner of the building or structure is required on the
application;
(4) Submit a bond surety in a form approved by by an authorized surety company to be
approved by the City Council Director of Administrative Services in the penal sum amount of
five hundred dollars ($500.00) payable to the City. The following condition shall be added to a
cardroom license regarding the surety, when approved by the City:
(i) Neither the applicant nor anyone in his or her employ in such business will violate any
ordinance of this City or any law of this State, or of the United States of America, or any
political subdivision or agency thereof, during the time for which such license is granted. That
upon a violation of the condition of such surety, the same shall be and become due and payable
to such City and the penalty thereof may be recovered in a civil action. The conviction of, or plea
Page 79 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1A
of guilty by, the person to whom such license is issued, or anyone in his or her employ in such
business for the violation of any such ordinance or law, shall ipso facto work a forfeiture of such
surety, and any such conviction or plea of guilty shall be conclusive evidence of such forfeiture,
and in the event of such conviction or plea of guilty the license shall be canceled;
(5) That the applicant verify with the Director of Community Development, that the
subject property zoning permits the proposed cardroom use;
(6) A statement that the applicant understands and agrees that the application shall be
considered by the City Council Director of Administrative Services after evidence has been
presented to the City that provides clear indication of a clean criminal record a full investigation
and reports, including any available criminal and arrest and conviction offender information,
have been made by the Chief of Police, other City officials or their authorized representatives. A
statement that the applicant authorizes the City or its authorized agents to update the
investigation and background information on an annual basis if the application is approved.
(d) Standards for Issuance. The City Council Administrative Services Director shall
consider and determine whether to issue a license to operate a cardroom subject to the following
conditions:
(1) No more than a total of six (6) card tables shall be licensed to operate within the City
under the provisions of this chapter.
(2) No one (1) permittee shall be authorized to operate more than a total of six (6) card
tables within the City.
(3) No more than six (6) card tables shall be operated and maintained within any single
business premises within the City.
(4) No card table license shall be issued unless the location for the cardroom(s) is in
compliance with all applicable zoning and building regulations of the City. The Community
Development Department shall review all applications to verify compliance with the Zoning
Code. The Council Community Development Director shall consider the effect of the operation
of a cardroom on other sensitive uses located in the vicinity of the cardroom, including but not
limited to schools, public parks or recreational areas, public buildings with programs for minors,
and religious institutions.
(5) No cardroom license shall be transferable to another location or permittee without the
approval of the City Council Administrative Services Director. Playing of all games shall be
confined to those designated areas of the cardroom premises as may be set forth in the cardroom
license. No playing of any games shall be permitted at any other location within or upon the
cardroom premises.
Page 80 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1A
(6) No cardroom license shall be issued to any person who has been convicted of any
felony, nor to any association, partnership or corporation of which any owner thereof has been
convicted of a felony.
(7) In addition to any other restrictions provided by law, no card table license shall be
issued to anyone who is disqualified from holding a State gambling license for any of the reasons
specified in California Business and Professions Code Section 19859.
(8) Applicant shall provide to the City copies of all written reports filed with the Division
of Gambling Control pursuant to the Act or Title 11 of the California Code of Regulations.
(e) Cardroom Work Permit—Application and Denial.
(1) Cardroom employees must obtain a cardroom work permit from the Director of
Administrative Services or designee of the City of Atascadero. For the purposes of this chapter,
“cardroom enterprise employees” are defined as any natural person employed in the operation of
a gambling enterprise, including without limitation, dealers, floor personnel, security employees,
courtroom personnel, cage personnel, collection personnel, surveillance personnel, data-
processing personnel, appropriate maintenance personnel, waiters and waitresses, and
secretaries, or any other natural person whose employment duties require or authorize access to
restricted gambling establishment areas. Applications for cardroom work permits shall be
submitted under oath and contain the past criminal record, if any, of the applicant, and such
information as may be deemed necessary by the Chief to determine whether the applicant is a
proper person to be issued a cardroom work permit. The application also shall be accompanied
by fingerprints, a recent photograph of the applicant and an amount equal to any fingerprint
processing fee required by the City.
(2) A cardroom work permit shall not be issued to any person who would be disqualified
from holding a State gambling license for the reasons specified in paragraphs (a) through (g),
inclusive of subdivision (a) of Section 19859 of the Act, or regarding whom the Division of
Gambling Control of the State of California has filed an objection to the City.
(3) The Director of Administrative Services or designee may deny issuance of cardroom
work permit for any further cause deemed reasonable by the Director. The action of the Director
denying a cardroom work permit on the basis of this section shall be subject to appeal to the City
Council. Notice of such appeal shall be filed with the City Clerk within ten (10) days after the
notice of denial of the permit. Upon failure to file notice of appeal within the ten (10) day period,
the action of the Director denying the permit shall be final and conclusive.
(4) Cardroom work permits shall be prominently displayed in the cardrooms by any
cardroom employees when they are working.
(5) Each application for a cardroom work permit shall be accompanied by a fee as
established by City Council resolution. The fee shall not be returned in the event that the permit
is refused, revoked, or suspended, as provided in this chapter. The permit shall be valid for one
Page 81 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1A
(1) year from the date of issue; however, it may be prorated quarterly. The date of expiration
shall be prominently displayed on the face of the permit.
(6) The holder of a cardroom work permit shall not be restricted as to place of
employment.
(7) A statement shall be signed by the applicant stating that the applicant understands and
agrees that the application shall be considered by the Director of Administrative Services after a
full investigation and reports, including any available criminal and arrest and conviction offender
information, have been made by the Chief of Police and other City officials or authorized
representatives. A statement shall be signed by the applicant stating that the applicant authorizes
the City or authorized agents to update the investigation and background information on an
annual basis if the application is approved.
(f) Permit Revocation or Suspension. The Director may revoke or suspend, and take
possession of any cardroom work permit issued under this chapter, upon any violation of the
provisions of this chapter. The action of the Director shall be subject to appeal to the Council.
Notice of such appeal shall be filed with the City Clerk within ten (10) days after notice of the
revocation or suspension action. Upon failure to file notice of appeal within the ten (10) day
period, the revocation or suspension of the cardroom work permit shall be final and conclusive.
(ge) Revocation of Licenses. The City Council shall have the right to revoke any
cardroom license when the possessor thereof has violated, or permitted the violation of, any of
the terms of this chapter. The City Council may also revoke any cardroom license when the
business being operated is not being conducted in accordance with the public health, safety or
welfare or when, in the discretion of the City Council, it is found that the continued operation of
such business will create or is creating a policy problem for the City. Prior to revoking any
cardroom license, the City Council shall cause to be served on the applicant a notice of its
intention to do so at least five (5) days prior to the date upon which it intends to consider the
matter of such revocation, and also stating the right of the licensee to appear before the City
Council and to show cause why such license should not be revoked. The decision of the City
Council with respect to such revocation shall be final.
(hf) Attendance by Minors. No person under the age of twenty-one (21) shall be employed
in or allowed to frequent, remain in or visit any room or premises wherein is conducted or
operated any card table licensed under the provisions of this chapter.
(ig) Patron Security and Safety in and Around a Cardroom Establishment.
(1) Each applicant for a cardroom license, at the time of application, and annually
thereafter, at the time of cardroom license renewal, shall present a plan for security and safety of
patrons of the cardroom in and around the cardroom establishment. The plan shall set forth such
provisions as are necessary to ensure the safety and security of patrons, including measures taken
or instituted to avoid follow-home robberies. The holder of a cardroom license shall be liable for
the safety and security of patrons to the fullest extent under the law. Any effort on the part of a
Page 82 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1A
cardroom licensee to limit such liability shall be clearly posted in such a manner as to give
adequate notice to patrons. The plan shall include a detailed summary of all known incidents
involving or affecting patron security and safety in and around the cardroom establishment for
the preceding year.
(2) The Chief of Police or designee may require, in his or her discretion, all cardroom
licensees to implement reasonable security measures to insure the safety of patrons including, but
not limited to, hiring private uniformed security guards. If security guards are required, the Chief
of Police shall determine the number and hours of coverage.
(3) During all hours of operation, doors at the cardroom establishment shall be unlocked
and accessible to the general public and open to police inspection. Cardrooms shall be located
and so arranged that card tables and the players at the tables are plainly visible from the door
opening of the cardroom when the door is opened. No wall, partition, screen, or similar structure
between the front door opening and any card table located in the cardroom shall be permitted if it
interferes with such visibility.
(jh) Transfer and Assignment. Any transfer or assignment of any license shall be
considered for all purposes in the same manner as a new application for a cardroom license in the
City, and all the provisions of this chapter applicable to new and original applications shall
apply.
(ki) Annual Fee. Licenses shall be issued on an annual basis. The annual license fee,
payable each fiscal year beginning July 1, 2006, shall be established by resolution of the City
Council. The fees shall be payable to the City after the Council has approved the issuance of the
license but prior to the issuance of the license. The operator of a cardroom shall pay the license
fee set forth in this section regardless of the license fees he or she might pay for other businesses.
If the same person operates two (2) or more cardrooms, he or she shall pay on each cardroom the
license fee set forth in this section and shall have a separate license for each cardroom.
(lj) Police Access to Premises. The City Council finds that it is necessary and in the
public interest that law enforcement officers have access to any premises in which a card table is
being operated under the terms of this chapter. Any premises for which a license has been issued
under the provision of this chapter shall be deemed to constitute a public place, and all police
officers and peace officers shall at all times have access thereto during business hours.
(mk) Hours of Operation. Unless the hours of operation for a cardroom are restricted in the
cardroom permit, a cardroom may operate twenty-four (24) hours per day. Each permittee shall
clearly post the hours of operation of the cardroom so as to provide law enforcement and
cardroom patrons adequate notice of the hours of operation. If alcohol is served on the premises
(with the proper licenses from the Department of Alcohol Beverage Control), all alcoholic
beverages shall cease being served between the hours of 2:00 a.m. and 6:00 a.m. each day.
(nl) Bets or Wagers. There is no limit on the amount of a single bet or wager unless the
cardroom posts notice of a limit. Cardrooms shall establish wagering limits in accordance with
Page 83 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1A
such limitations as may be set from time to time by the State of California and the City of
Atascadero. The City of Atascadero may set wagering limits by resolution adopted by the cCity
cCouncil. Wagering limits, or a notice of no limit, shall be clearly posted to give patrons
adequate notice of the rules related to wagering.
(1) No cardroom owner, operator, or employee shall permit any of the following:
(i) Bets made by any owner, operator, or employee while on duty when any member of
the general public is waiting to play in an approved game.
(ii) Bets made by a shill or dummy player.
(2) Wagering at any table shall be limited to table stakes. No side bets shall be permitted.
Table limits shall be posted in a location observable from the table. The cardroom shall set
individual table stake limits, not to exceed the wagering limit. Table limits may be changed with
not less than thirty (30) minutes notice to the patrons.
(om) Penalties for Violations. Any violation of this chapter shall constitute a
misdemeanor, and any person found guilty thereof shall, upon conviction or plea of guilty, be
punished by a fine pursuant to Chapter 3 of Title 1 of the Municipal Code or by imprisonment in
the jail of the City, or in the jail of the County of San Luis Obispo, for not more than three (3)
months, or by both such fine and imprisonment, and when a fine is imposed the judgment may
direct that the defendant be imprisoned in the county jail until such fine is satisfied at the rate
established by the county.
(pn) Severability. If any section, subsection, sentence, clause, phrase or portion of this
section is for any reason deemed or held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this section. The City Council of the City of Atascadero hereby declares that it would
have adopted this section and each subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact any one (1) or more subsections, sentences, clauses, phrases or other
portions might subsequently be declared invalid or unconstitutional.
Page 84 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
9-1.110 Public Hearings
When a public hearing before the Design Review Committee, Planning Commission, or the
City Council is required by this title, such hearing shall be conducted as follows:
(a) Notice of Hearing. Notice of a public hearing shall include the time and place of the
hearing, a general description of the request, the location of the site, and any additional
information which the Planning Director deems appropriate. Such notice shall be given at least
ten (10) days before the hearing by first class mail with postage prepaid to all persons whose
names and addresses appear on the last equalized assessment roll as owning property within
three hundred (300) feet from the exterior boundaries of the parcel which is the subject of the
hearing, except for projects in the RS zoning district which shall require that notices be sent to all
such properties within a one thousand feet (1000) from the exterior boundaries of the project site.
Such notice shall also be published at least once at least ten (10) days before the hearing in a
newspaper of general circulation, published and circulated in the City, or if there is none, it shall
be posted in at least three (3) public places in the City.
(1) If the number of notices required is greater than one thousand (1,000), as an alternative to
the notice required by Section 9-1.110(a), such notice shall be given at least ten (10) days prior
to hearing by placing a display advertisement of at least one-fourth (1/4) page in a newspaper of
general circulation in the City or by placing an insert with any generalized mailing by the City,
such as billing for City services, to property owners in the area required to be notified.
(2) Persons filing a written request to receive any such notice shall be given notice by first
class mail, A fee may be charged to recover the cost of such mailing.
(b) Scheduling of Hearing. When an application has been accepted as complete for processing,
received staff review, and a recommendation on the Environmental Determination or
Environmental Impact Report has been completed, it shall be scheduled for public hearing on the
next available Planning Commission agenda reserved for such matters. Appeals shall be
scheduled on the Planning Commission or City Council agenda, as applicable, within thirty (30)
days of receipt of the appeal. A public hearing on an application or appeal may be continued to a
date specific without providing additional notice.
9-1.111 Appeal.
Decisions of the Planning Department or Planning Commission may be appealed by an
applicant, or any aggrieved person, including the Planning Commission, or and the City Council,
and/or individual members thereof of the Planning Commission or City Council. An appeal shall
be filed in the form of a letter writing, setting forth the reasons for the appeal. An appeal shall be
accompanied by any fees required. Appeal fees shall not be required for appeals initiated by the
Planning Commission, or the City Council, or any individual members thereof.
Page 85 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
When an appeal has been filed, accompanied by required fees, the Planning Director will prepare
a report on the matter and schedule determine a hearing date for the appeal for consideration by
the appropriate body within thirty (30) days of receipt of the appeal. The hearing body may
affirm, affirm in part, or reverse the action, decision or determination which is the subject of the
appeal, based upon findings of fact regarding the particular case. Such findings shall identify the
reasons for the action on the appeal, and verify the compliance or noncompliance of the subject
of the appeal with the provisions of this title.
Appeals relating to matters which are resolvable through adjustment, variance or amendment of
this title shall be processed according to the procedures of Sections 9-1.112, 9-1.113, 9-1.114
and 9-1.115, respectively.
(a) Planning Department Actions. Determinations on the meaning or applicability of the
provisions of this title which are believed to be in error, and cannot be resolved with staff, and
any decision of the Planning Department to approve or deny an application may be appealed to
the Planning Commission. The Planning Department shall provide the Planning Commission and
City Council with notification of its actions. Appeals, accompanied by required fees, shall be
filed with the Secretary of the Planning Commission within fourteen (14) days after the decision
of the Planning Department. The appeal will be decided by the Planning Commission following
a public hearing conducted in accordance with Section 9-1.110.
(b) Planning Commission Decisions. Any decision of the Planning Commission may be
appealed to the City Council by filing a letter of appeal accompanied by required fees with the
City Clerk within fourteen (14) days of the action of the Planning Commission. The Planning
Department shall provide the City Council with notification of Planning Commission actions.
Appeals will be decided by the City Council following a public hearing conducted pursuant to
Section 9-1.110.
9-3.230 Agriculture and residential district allowable land uses.
Table 3-1 identifies the uses of land allowed this Zoning Code in each agriculture and
residential district, and the planning permit required to establish each use, in compliance with
Section 9-1 and Section 9-2 of this code. Where the last column in the tables (“Specific Use
Regulations”) includes a section number, the regulations in the referenced section apply to the
use. Provisions in other sections of this article may also apply.
Table 3-1 – Agriculture and Residential Land Uses
Allowed Land Uses and Permit Requirements
Page 86 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
Agriculture/Residential
Zones
A Allowed Use, Zoning Clearance Required
AUP Administrative Use Permit
CUP Conditional Use Permit Required
Not Permitted
Permitted Uses By Zone Special Use
Regulation(s) A RS RSF LSF RMF
Natural Resources and Processing
Resource Extraction CUP CUP 9-
6.147— 9.6-
161
Residential Uses
Multifamily Housing A 9-3.175
Manufactured
Home/Mobile Home
A A A A A 9-6.143
Mobile Home Parks CUP CUP CUP CUP 9-6.142, 9-
6.143
Organizational Houses CUP CUP CUP CUP 9-3.175
Residential Accessory
Uses
A A A A 9-6.106
Single-Family Dwelling A A A A 9-6.143, 9-
6.184
Secondary Residential
Units
A A A 9.5
Temporary Dwelling A A A A 9-6.175
Recreation, Education, and Public Assembly
Churches and Related
Activities
CUP CUP CUP CUP 9-6.121
Parks and Playgrounds AUP AUP AUP AUP
Schools CUP CUP CUP CUP 9-6.125
Schools – Business and
Vocational
CUP CUP CUP CUP 9-6.125
Temporary Events A A A A A 9-6.177
Tourism, Lodging, and Dining
Bed and Breakfast CUP CUP CUP CUP
Services-Professional
Day Care – Small Family
Day Care Home
A A A A 9-6.125
Day Care – Large Family
Day Care/Child Care
Center
CUPA CUPA CUPA CUPA 9-6.125
Child Care Center CUP CUP CUP CUP 9-6.125
Kennels CUP CUP 9-6.111
Medical Extended Care
Services, 6 Clients or Less
A A A CUP 9-6.134
Medical Extended Care
Services, 7 Clients or
More
CUP CUP CUP CUP 9-6.134
Page 87 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
Agriculture/Residential
Zones
A Allowed Use, Zoning Clearance Required
AUP Administrative Use Permit
CUP Conditional Use Permit Required
Not Permitted
Permitted Uses By Zone Special Use
Regulation(s) A RS RSF LSF RMF
Residential Care, 6 Clients
or Less
A A A A 9-6.135
Residential Care, 7 Clients
or More
CUP CUP CUP CUP 9-6.135
RCFE – Assisted Living, 6
Clients or Less
A A A A 9-6.135
RCFE – Assisted Living, 7
Clients or More
CUP CUP CUP CUP 9-6.135
RCFE – Independent
Living Center/Senior
Apartments
CUP
RCFE – Retirement Hotel CUP
Transportation, Infrastructure and Communication
Pipelines Utility
Infrastructure
CUP CUP CUP CUP CUP
Utility Transmission
Facilities
A A A A A
Wireless Communication
Facilities
CUP CUP CUP CUP CUP
Zoning Districts Abbreviations
A – Agriculture LSF – Limited Single-Family Residential
RS – Residential Suburban RMF – Residential Multifamily
RSF – Residential Single-Family Residential
9-3.330 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
Page 88 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
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 CUP7 CUP A CUP 9-6.110
Artisan Foods and
Products A A A A5 A A
ATM A A A A A A A A A A
Auto Dealers (New
and Used) and
Supplies
CUP CUP CUP CUP CUP 9-6.163
Auto Repair and
Services CUP A A CUP A A 9-6.168
Bar/Tavern CUP CUP CUP A
Bed and Breakfast CUP CUP CUP CUP
Brewery –
Production CUP CUP A A
Broadcast Studios A A
Building Materials
and Hardware w/
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
Page 89 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
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
Churches and
Related Activities CUP CUP 9-6.121
Collection Stations A4 A4 A4 A4 A4 A4 A4 A4 9-6.130
Contract
Construction
Services (Indoor)
A A A A
Contract
Construction
Services (Outdoor)
CUP CUP CUP
Data and Computer
Services Center AUP AUP CUP A A
Day Care
Drive-Through
Sales or Services CUP CUP CUP CUP CUP CUP 9-4.122
Eating and
Drinking Places A A A A A A A A A A
Farm Equipment
and Supplies w/
outdoor storage or
sales area 10,000 sf
or greater
CUP CUP CUP CUP CUP
Farm Equipment
and Supplies w/
outdoor storage or
sales area less than
10,000 sf
A A A A A
Farmers’ Market CUP CUP CUP CUP CUP A A
Financial Services
and Banks A A A A A A CUP A
Fuel Dealer A4 CUP A4 A4 9-6.129
General Retail A4 A4 A4 A4 A4 A4 A4
General Retail
Greater than 50,000
sf
CUP CUP CUP CUP CUP CUP CUP
Government
Offices and
Facilities
A A A A A A CUP9 A A A
Health Care
Services A A A CUP A CUP9 A
Horticultural
Specialties w/
outdoor storage or
CUP CUP CUP CUP CUP CUP CUP 9-6.116
Page 90 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
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
sales area 10,000 sf
or greater
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
Indoor Recreation
Services CUP CUP CUP A A CUP CUP CUP
Kennels CUP A 9-6.111
Large Family Day
Care CUP8 CUP8 9-6.125
Large Scale Ag
Manufacturing CUP CUP A 9-6.103
Laundries and Dry
Cleaning Plants A A A A
Laundromat/Coin-
Operated Laundry CUP CUP CUP CUP CUP CUP A A
Libraries, Museums A A A A A A
Live/Work Unit A1
Manufacturing and
Processing – High
Intensity4
CUP CUP AUP AUP
Manufacturing and
Processing – Low
Intensity
CUP CUP A A A A
Medical Extended
Care Services: 6
Residents or Less
CUP CUP CUP CUP CUP CUP 9-6.134
Medical Extended
Care Services: 7
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
Page 91 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
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
Mixed-Use
Development CUP1 CUP1 CUP1 CUP1 A1 A1
Mortuary Services A A A A
Multifamily
Dwelling CUP2 CUP2 CUP2 CUP2 A1 A1
Offices A A A A A A CUP9 A
Outdoor Recreation
Services CUP CUP A AUP 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
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
Page 92 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
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
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 ACUP ACUP 9-6.131
Tasting Room A CUP A A A A A A A A
Telecommunication
Facility CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Temporary Events A/
CUP3 CUP A/
CUP3
A/
CUP3
A/
CUP3
A/
CUP3
A/
CUP3
A/
CUP3 A A 9-6.177
Temporary Offices A A A 9-6.176
Temporary or
Seasonal Sales A A A A A A A A A 9-6.174
Transit Stations CUP CUP A CUP CUP CUP CUP CUP
Towing Services10 CUP A10 A10 9-6.167
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 CUP4 CUP4 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
Page 93 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Winery –
Production 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 Multifamily dwellings permitted when located on the second floor or above, or within an
existing residential structure of historical significance.
3 Temporary events requiring more than 3 days for onsite setup and teardown require the
approval of a conditional use permit (Section 9-2.110).
4 Outdoor commercial and industrial sales and storage developments (as defined by Section
9-9.102) of 10,000 square feet or more require the approval of a conditional use permit
(Section 9-2.110), even if such a development is listed as an allowable use in a particular
zoning district.
5 Handcrafted and artisan food production shall be ancillary to the retail component.
6 Mobile food vending permitted on private property with owner’s permission and City
review of parking and access on-site. Mobile food trucks used as part of an event may be
permitted in the right-of-way with the issuance of an Event Permit.
7 When no overnight stays of animals are included.
8 Permitted when in association with conforming and legal nonconforming residences.
9 Allowed 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 is not ideal for pedestrian uses such
as restaurants, retail or related uses.
b. The existing building and site improvements are designed exclusively for office uses
and could not accommodate other uses.
c. The proposed new office use will be a significant contribution to economic
development by providing new jobs, pedestrian traffic, and active uses in the
downtown.
d. The proposed new office will meet parking, accessibility, and property development
standards and will not result in new parking along Atascadero Creek, East Mall or
West Mall.
e. The proposed new office building will provide a storefront and other architectural
features that complement the pedestrian scale and retail environment desired within
the downtown.
Page 94 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
10 Outdoor storage of towing related vehicles, towed vehicles, or accessory storage (other
than an approved parking lot for employees or fleet vehicles) over eight thousand (8,000)
square feet shall require 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.
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
9-3.347 DC/DO Zone.
The following are property development standards for both the DC and DO zoning districts,
in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this
title.
Page 95 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
Development Feature
Requirement by Zoning District
DC DO
Downtown Commercial Downtown Office
Minimum lot size No minimum
Setbacks Minimum and maximum setbacks required. See Section 9-4.103 for
setback requirement, allowed projections into setbacks, and
exceptions to setbacks.
Front None allowed, except for building
insets designed to accommodate
outdoor eating and seating areas,
and except for East Mall between
El Camino Real and Palma Avenue,
where a minimum of 20 feet is
required.
As required by Section 9-
4.106 when adjacent to a
residential zone, none
required otherwise.
Sides (each) None required
Rear None required
Creek To be determined through Design Review
Height limit 45 feet not to exceed 3 stories; 18
feet on the west side of El Camino
Real between Atascadero Creek
and the lot line common to Lots 19
and 20, Block H-B, Atascadero
Colony Map.
35 feet
Landscaping As required by Section 9-4.124 et seq. (Landscaping, screening
and fencing)
Off-street parking None required, except as required
by Section 9-4.114 for hotels,
motels, residential uses, offices,
government offices and facilities,
and health care services, and for all
development east of Atascadero
Creek.
As required by Section 9-
4.114 et seq.
Signs See Chapter 9-15
Density 20 24 dwelling units/acre maximum 20 24 dwelling units/acre
maximum
Fire backflow devices (a) Fire Backflow Devices. Fire backflow devices are required to
be integrated into the site or building design, are prohibited in any
public right-of-way, and must also be accessible to Fire
Department and Water Company personnel at all times.
(b) Fire Connection Devices. Fire department connections shall be
installed in accordance with the NFPA standard applicable to the
system design and shall comply with Sections 912.2 through 912.7
of the California Fire Code.
Page 96 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
9-3.500 Definitions.
Update the following definitions:
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.
` 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) fourteen (14) 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.
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; co-working spaces,
incubator-type services that provide office-type working spaces for a fee, and counseling
services provided by individuals other than licensed psychiatrists, which are included under
“health care services.”
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. Establishments providing nonmedical services to individuals that,
based on the characteristics or intensity of use may not be compatible with other established or
planned uses. 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; and tattoo and body piercing services; and
hot tubs and saunas that are not an accessory to a permitted use.
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.
Page 97 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
May also include Does not include a towing service but does not include or storage of wrecked
or abandoned vehicles. Does not include uses defined as auto repair and service, or vehicle
equipment storage.
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, but are not limited to: art shows; rodeos; religious revivals; tent camps; outdoor
festivals, and concerts. Does not include the temporary staging of food trucks or outdoor sales
associated with existing, permitted businesses, where circulation and access is not impacted.
Towing Services. An establishment that provides vehicle towing services and accessory
temporary outdoor storage for the vehicles it tows, which shall only include: (1) mechanically
operable/drivable, licensed vehicles that are to be claimed by titleholders or their agents; and/or
(2) wrecked Motor Vehicles awaiting insurance adjustments and transport to repair shops. This
term excludes: Auto Repair and Services that have a tow truck on-site; Recycling and
Scrap Services; Service Stations; Impound Yards; Storage, Recycling and Dismantling of
Vehicles and Material; and Vehicle and Equipment Storage.
9-4.107 Side setbacks.
The side setback is measured at right angles to the side property line to form a setback line
parallel to the side property line, which extends between the front and rear setback areas, or
primary street and secondary street setback areas for double frontage lots. The minimum side
setback is to be as follows:
(a) A, RS, RSF, LSF and RMF Zones and Residential Uses in Commercial and Industrial
Zones. All residential uses except for second story dwellings over commercial and industrial uses
shall have a minimum side setback of five (5) feet, except as follows:
(1) Accessory Structures. A side yard may be used for an accessory building no greater
than twelve (12) feet in height, provided that it is not used for human habitation or the keeping of
animals and is either:
(i) Located no closer than three (3) feet to any property line;
(ii) Located on the rear half of the lot; or
(iii) Established on the property line as a common wall structure pursuant to subsection
(a)(4) of this section, or as a zero lot line structure, provided that all applicable Uniform Building
Code requirements are satisfied for a property line wall.
(21) Common Wall Development. Any two (2) dwelling units, and/or their accessory
garages, may be constructed on adjoining lots without setbacks between them provided that:
Page 98 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
(i) The setback has been eliminated through subdivision map or conditional use permit
approval;
(ii) A common wall or party wall agreement, deed restriction, or other enforceable
restriction has been recorded;
(iii) The side setbacks opposite the common wall property line are not less than two (2)
times the minimum width required by this section; and
(iv) Common wall construction is in compliance with the Uniform Building Code.
(32) Zero Lot Line Development. A group of dwelling units on adjoining lots may be
established so that all units abut one (1) side property line, provided that:
(i) The setback has been eliminated for an entire block through subdivision map or
conditional use permit approval;
(ii) The modified setback requirements for the block are recorded as part of a land
division map, deed restriction, or other enforceable restriction;
(iii) The side setback shall not be eliminated or reduced on the street side of a corner lot;
and
(iv) Side setbacks opposite the zero setback property line are not less than twice the
minimum required by this section.
(43) Access Easements. All access easements shall have a minimum setback of five (5)
feet, measured from the edge of the easement.
(54) Additional Height for Buildings in RMF. Multifamily dwellings exceeding twenty-
five (25) feet in height shall have a ten (10) foot setback for all portions of the building over
twenty-five (25) feet in height.
(b) CN, CP, CR, CS, CT, CPK, IP, I and P Zones. No side setbacks are required. Ground
floor residential uses are subject to the setback requirements of subsection (a) of this section.
(c) L and LS Zones. A minimum five (5) foot side setback is required.
9-4.108 Rear setbacks.
The rear setback is measured at right angles to the rear property line to form a setback line
parallel to the rear property line.
(a) A, RS, RSF, LSF, and RMF Zones and Permitted Ground Floor Residential Uses in
Commercial and Industrial Zones. All residential uses except for second story dwellings over
Page 99 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
commercial and industrial uses shall have a minimum rear setback of ten (10) feet, except as
follows:
(1) Accessory Structures. A rear setback except for the portion of the rear yard adjacent to
the street of a corner lot, may be used for an accessory building no greater than twelve (12) feet
in height and four-hundred (400) square feet or less, provided the accessory building is not used
for human habitation or the keeping of animals, and is not closer than three five (35) feet to a
side or rear property line or alley..
(b) CN, CP, CR, CS, CT, CPK, IP and I Zones. No rear setback is required in commercial
or industrial zones, except as follows:
(1) Adjacent to an Alley. The secondary frontage setback shall be a minimum of five (5)
feet, except where the alley provides vehicular access to the interior of the building, in which
case the setback shall be ten (10) feet.
(2) Adjacent to Residential Use Zone. Where the rear property line abuts a residential
zone or use, no rear setback is required for buildings or portions of buildings which do not
exceed twelve (12) feet in height within ten (10) feet of the rear property line. The rear setback
shall be a minimum of ten (10) feet for buildings or portions of buildings which exceed twelve
(12) feet in height.
(c) L, LS and P Zones. A minimum of ten (10) foot rear setback is required.
9-4.118 Required number of parking spaces.
All land uses requiring approval under this title shall provide off-street parking spaces as
specified in subsections (b) and (c) of this section:
(a) Use of Charts. The charts in subsection (c) of this section determine the number of
parking spaces required for each use of land, as follows:
(1) Uses Not Listed. For uses not specifically listed in this subsection that do not have
parking requirements set by Chapter 9-6, the same parking and loading space is required as for
the most similar use of equivalent intensity; except where a use not listed requires conditional
use permit approval, in which case the amount of parking and loading space required shall be as
determined by the Planning Commission.
(2) Parking and Loading Intensity. Parking lot and loading bay intensity describes the rate
of vehicle turnover in parking and loading areas. Turnover factors are assigned to each use by the
charts in subsection (c) of this section. High intensity areas have rapid turnover; medium
intensity areas are those where vehicles are parked from two (2) to four (4) hours; low intensity
areas have minimum turnover and few repeat users, such as long-term and employee parking
lots. Loading bay intensity is used in Section 9-4.121.
Page 100 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
(3) Mixed Use Sites. Where a site contains more than one principal land use (such as a
shopping center), the amount of parking required shall be the total of that required for each
individual use, except as otherwise provided by Section 9-4.115.
(4) Mixed Function Buildings. Where a building occupied by a single use contains several
functions, such as sales, office and storage areas, parking shall be as required for the principal
use for the gross floor area (total area of all internal functions); except that when storage areas
are larger than two thousand (2,000) square feet, the parking requirement is to be determined
separately for those areas, as specified for warehousing.
(5) Assigned parking. For projects where a parking reduction is granted, assigned parking
spaces are prohibited.
(6) Terms Used in Charts.
(i) Active Use Area. All developed areas of a site and buildings except storage, parking
and landscaping.
(ii) Floor Area. Gross floor area within buildings.
(iii) Site Area. Gross site area.
(iv) Use Area. All developed areas of a site and buildings, except parking and landscaping.
(v) Number of Spaces. Where subsection (c) sets parking requirements based on building
area (square footage), site or use area, the number of spaces is to be as set forth for each footage
increment specified or fraction thereof.
(b) Company Vehicles. Commercial or industrial uses shall provide one parking space for
each company vehicle which is parked on the site during normal business hours. Such space may
be located within a building.
(c) Parking Requirements by Land Uses.
(1) Agricultural Uses. Except for the specific uses listed in this subsection, improved off-
street parking and loading spaces are not required for an agricultural use, as long as sufficient
usable area is provided to meet the parking needs of all employees, visitors and loading activities
entirely on the site of the use.
Use Parking Spaces Required
Parking Lot
Intensity
Loading Bay
Intensity
Ag. processing: packing
and processing
1 per 1,000 s.f. of use area Low High
Page 101 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
Use Parking Spaces Required
Parking Lot
Intensity
Loading Bay
Intensity
Wineries 1 per 1,000 s.f. of active use
area and 1 per 3,000 s.f. of
storage, and 1 per 100 s.f. of
tasting room
Low / Medium High
Animal husbandry, farm
equipment and supplies
1 per 500 s.f. of floor area,
and 1 per 1,000 s.f. of outdoor
use
Low Low
(2) Communication Uses. Broadcasting studios are to provide parking as required for
offices (see subdivision (8) of this subsection). Transmission facilities are not required to have
identified spaces, as long as sufficient usable area is provided to meet the parking needs of all
employees entirely on the site of the use.
(3) Cultural, Educational, and Recreation Uses.
Use
Parking Spaces
Required
Parking Lot
Intensity
Loading Bay
Intensity
Active Recreation Facilities
Amusement parks/fairgrounds 1 per 75 s.f. of use area Medium Medium
Arcades (games) and billiards 1 per 100 s.f. of floor
area
Medium N.A.
Bowling alleys 4 per lane Medium Low
Dance clubs 1 per 25 s.f. of dance
floor
Medium N.A.
Dance studios 1 per 200 s.f. of floor
area
Low N.A.
Golf courses 5 per hole plus any
required for clubhouse
uses
Low N.A.
Golf driving ranges (separate
from golf courses)
2 per tee Low N.A.
Miniature golf 2 per hole Medium N.A.
Skateboard parks 1 per 500 s.f. of use area Medium N.A.
Skating rinks 1 per 400 s.f. of use area Medium N.A.
Swimming pools (public or
member)
1 per 100 s.f. of pool
area, and 1 per 300 s.f. of
deck area
Medium N.A.
Tennis courts, racquetball 2 per court Medium N.A.
Libraries 1 per 500 s.f. Medium N.A.
Public Assembly
Exhibit facilities (including
museums)
1 per 150 s.f. of exhibit
floor
High Low
Page 102 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
Seated spectator facilities
(including a church, theater,
other auditoriums and meeting
halls, sports assembly)
1 per 4 fixed seats, or 1
per 40 s.f. of spectator
area if seats not fixed
High Low
Schools
Preschools, day care As required by Section
9-6.125.
Elementary and high school As required by Section
9-6.125.
Business and vocational As required by Section
9-6.125.
College and University As determined by
Planning Commission
(4) Manufacturing and Processing Uses. Parking lot turnover is low; loading by intensity
is medium. Parking spaces are required as follows:
(i) One (1) space per five hundred (500) square feet of active use area within a building;
and
(ii) One (1) space per one thousand (1,000) square feet of storage area within a building;
and
(iii) One (1) space per two thousand (2,000) square feet of outdoor active use area; and
(iv) One (1) space per five thousand (5,000) square feet of outdoor storage area.
(5) Residential Uses.
Use
Parking Spaces
Required
Parking Lot
Intensity
Loading Bay
Intensity
Single-family dwellings
(including mobilehomes)
2 per dwelling, except
1 per dwelling is
required where the site
is less than 4,000 s.f.
in area
N.A. N.A.
Multifamily dwellings
(including condominiums and
other attached ownership
dwellings)
Residential Parking Low N.A.
1 b.r. unit: 1.5 spaces
2 b.r. unit: 2.0 spaces
each additional
bedroom: 0.5 space
Guest Parking
Page 103 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
1 space per 5 units, or
fraction thereof
Group quarters (including
boarding houses, rooming
houses, dormitories, and
organizational houses)
1 per bed, plus Low N.A.
1 per eight beds
(6) Resource Extraction. No improved parking is required, provided that sufficient usable
area is available to accommodate all employee and visitor vehicles entirely on the site.
(7) Retail Trade Uses. Parking required for a retail use shall be a minimum of two (2)
spaces for each use or separate tenancy, except where more spaces are required as follows:
Use
Parking Spaces
Required
Parking Lot
Intensity
Loading Bay
Intensity
Auto and vehicle dealers 1 per 400 s.f. of
showroom, 2 per
service bay, 1 per
3,000 s.f. of outdoor
use area
Medium Medium
Building materials and
hardware, nurseries
1 per 500 s.f. of floor
space, 1 per 3,000 s.f.
of outdoor use area
Medium Medium
Eating and Drinking Places
Restaurants and bars (on-site
consumption. With dancing
facilities, are also to meet dance
club parking requirements)
Customer Spaces High Medium
1 table per patron per
table,
1 per 2 counter stools,
plus
Employee Spaces
1 per 6 tables, 1 per
100 s.f. of kitchen
Fast food (includes drive-ins. If
patron tables provided, use must
also meet restaurant customer
space requirement)
1 per 25 s.f. of kitchen High Medium
Food and beverage retail sales 1 per 200 s.f. of floor
area, 1 per checkstand
High Medium
Furniture, home furnishings and
equipment
1 per 500 s.f. of sales
area, 1 per 1,000 s.f. of
storage area
Low Medium
General merchandise stores 1 per 300 s.f. of sales
area, 1 per 600 s.f. of
storage area
Medium Low
Page 104 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
Mail order and vending 1 per 1,000 s.f. of use
area
Low Low
(8) Service Uses. Parking required for a service use is to be a minimum of two (2) spaces
for each use or separate tenancy, except where more spaces are required as follows:
Use Parking Spaces Required
Parking Lot
Intensity
Loading Bay
Intensity
Auto repair and service 4 per service bay, 1 per
1,000 s.f. of outdoor active
use area
Medium Low
Equipment rental 1 per 500 s.f. of floor area,
1 per 2,000 s.f. of outdoor
use area
Medium Low
Copying and reproduction 1 per 400 s.f. of floor area Medium Low
Contract construction
services
1 per 500 s.f. of floor area Low Low
Correctional institutions As determined by Planning
Commission
Financial services 5 per teller window, 3 per
service desk
High Low
Health care 1 space per 200 s.f. of floor
area
High Low
Hospitals 1 per bed, 1 per office space High Low
Laundries and Dry
Cleaning Plants
1 per 1,000 s.f. of floor
area, plus 2 per office space
Low High
Pick-up 2 per check stand High Low
Offices
Accounting, advertising,
agencies, architecture,
government, insurance,
law, offices, real estate
1 per 400 s.f. Medium N.A.
Other offices 1 per 500 s.f. of floor area Low N.A.
Photography studios,
commercial art studios
1 per 400 s.f. of floor area Low N.A.
Post offices 5 per service window, 1 per
500 s.f. of floor area other
than customer area
High High
Personal Services
Barbershops 2 per chair Medium N.A.
Beauty shops 3 per chair Medium N.A.
Dry cleaners 1 per 500 s.f. of floor area Medium Low
Funeral and crematory
services
1 per 4 seats in each
assembly room, 2 per office
Medium Medium
Page 105 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
or 1 per 40 s.f. of floor area
in assembly rooms,
whichever is greater
Health spas 1 per 300 s.f. of floor area Medium N.A.
Laundromats 1 per 2 washers High N.A.
Other personal services 1 per 500 s.f. of floor area Medium N.A.
Public safety facilities As determined by Planning
Commission
Repair service (consumer) 1 per 400 s.f. of floor area Low Low
Waste disposal site As determined by Planning
Commission
(9) Transient Lodgings.
Use Parking Spaces Required
Parking Lot
Intensity
Loading Bay
Intensity
Hotels, motels 2 spaces, plus 1 per unit,
plus 1 per 10 units
High Low
(10) Transportation Uses.
Use Parking Spaces Required
Parking Lot
Intensity
Loading Bay
Intensity
Public utility terminals None, provided sufficient
usable area is available to
accommodate all employee
and visitor vehicles entirely
on-site
Low Low
Transit stations and
terminals
1 per 20 s.f. of waiting area,
1 per 300 s.f. of office
space; additional spaces as
required for accessory uses
(restaurants, etc.)
High High
Truck stops 1 per 1,000 s.f. of use area
for first 5,000 s.f., 1 per
3,000 s.f. of use thereafter
Medium High
Vehicle and freight
terminals
2 per loading bay, 1 per 300
s.f. of office space
High High
Vehicle storage None, provided sufficient
usage area is available to
accommodate all employee
and visitor vehicles entirely
on-site
Low Low
Page 106 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
(11) Wholesale Trade.
Use Parking Spaces Required
Parking Lot
Intensity
Loading Bay
Intensity
Warehousing
Commercial storage 1 per 2,000 s.f. of use area
for first 10,000 s.f., 1 per
5,000 s.f. of use area
thereafter
Low High
Ministorage 2 spaces for manager office Low Low
Wholesaling and
distribution
1 per 1,000 s.f. of use area
for first 10,000 s.f. of use
area, 1 per 3,000 s.f. of use
thereafter
Low High
9-4.123 Driveway standards for single-family residential uses.
Driveways for single-family residences shall be improved as follows in order to make
adequate provision for access including that necessary for emergency vehicles:
(a) Surfacing. Private driveways with an average slope of twelve (12) percent or more
shall be surfaced with asphalt or, concrete or chip seal while private driveways with an average
slope of less than twelve (12) percent shall be provided with an all-weather surface. No driveway
shall be allowed to exceed an average slope of twenty (20) percent unless adjusted (Section 9-
1.112) upon a determination that no other feasible alternative is available. Plan and profile
drawings may be required by the Planning Director in order to determine the average slope.
(b) Width. Private driveways shall have a minimum width of twelve (12) feet.
(c) Vertical Clearance. Private driveways shall have a vertical clearance of fourteen (14)
feet.
9-4.128 Fencing and screening.
Standards for fencing and screening are established by this section to protect certain uses
from intrusion, to protect the public from uses that may be hazardous, and to increase
compatibility between different land uses by visual screening. Fencing is the enclosure of an area
by the materials identified in subsection (c) of this section. Screening is the enclosure of an area
by a visual barrier, which may include solid fencing or other materials, as specified in subsection
(c) of this section.
(a) Fencing and Screening—Where Required. Within the urban services line, the uses and
areas listed in this subsection shall be fenced and/or screened, as indicated. Unless otherwise
specified, fencing and screening are to be a minimum height of six (6) feet. Fencing and
Page 107 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
screening materials of a height greater than three (3) feet shall not be located within a required
primary, secondary, or corner street setback.
(1) Utility and Mechanical Equipment. When located outside of a building, support
equipment, including all roof-mounted equipment, air conditioners, heaters, utility meters, cable
equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical
transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems air
conditioning and heating devices, but not including plumbing or exhaust vents, or chimneys,
shall be screened to the height of the particular piece of equipment, as follows:
(i) Roof-Mounted Equipment. To be screened by architectural features from the view of
abutting streets.
(ii) Equipment at Grade. All exterior support equipment shall be screened or incorporated
into the design of buildings so as to minimize visual impact from the public right-of-way or
adjacent residential zones. When located on the ground adjacent to a building, mechanical
equipment shall be screened by landscaping, a solid wall or fencing from the view of the street or
surrounding properties. Screening materials shall be consistent with the exterior colors and
materials of the building or shall include evergreen landscaping that will grow to fully screen the
equipment within 6 months of installation. This subsection does not apply to single-family
residential uses.
(a) The Design Review Committee (DRC) may grant an exception to these
requirements. In granting a request for an exception, the Design Review Committee (DRC)
shall find that screening is infeasible due to health and safety or utility requirements.
(2) Outdoor Storage. To be screened on all sides by a wall or fencing.
(3) Public Utility Substations. To be screened on all sides in a manner that will provide an
effective visual barrier as well as the necessary safety clearances required by order of the
California Public Utilities Commission.
(4) Side and Rear Lot Lines. The side and rear property lines of all nonresidential uses are
to be screened as follows:
(i) Adjacent to a Residential Use or Zone. A solid wall or fencing shall be located on side
and rear property lines of any nonresidential or nonagricultural use abutting a residential use or
zone.
(5) Swimming Pools. Yard areas with private swimming pools are to be fenced to
discourage unsupervised access and use by small children. Such fencing is to must be
constructed per building code requirements.
(b) Exceptions to Fencing and Screening Requirements.
Page 108 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
(1) Buildings Abutting Property Lines. Required screening or fencing may be omitted
along any lot line where a building wall exists immediately abutting the lot line.
(2) Location Adjustment. Where property fencing or screening is required, the location
may be adjusted by approval of an administrative use permit (refer to Section 9-1.112 of this
title), so the fencing may be constructed at or within the setback line, provided the areas between
the fence and the property lines are landscaped, or in rural areas, retained in their natural
vegetative state.
(3) Planning Commission Modification. Any of the requirements of this section may be
waived or modified through conditional use permit approval, provided the Planning Commission
first finds that specifically identified characteristics of the site or site vicinity would make
required fencing or screening unnecessary or ineffective.
(c) Standards for Fencing and Screening Materials. All fencing and screening shall be
allowed as follows:
(1) Height. Fence and screen height shall be permitted as follows:
(i) RS/RR/RSF-Z/RSF-Y (with One (1) Acre Net or Larger) Zones.
a. Fencing within a required street setback may be up to five (5) feet in height, provided
that the top two (2) feet remain a minimum of eighty percent (80%) visibility. The fence shall not
impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on
human health and safety (refer to engineering standard: Minimum Sight Distance for Driveways
and Intersecting Roads with Stop Control).
b. Fencing associated with agriculture type activities, including, but not limited to, “deer
fencing” and other fencing that is a minimum of eighty percent (80%) visible may be up to seven
(7) feet in height. Chain link fencing, wrought iron fencing, and any other decorative type of
fencing is not considered “agriculture” type fencing for the purposes of this subsection.
c. Fencing within a required side or rear setback may be a maximum of six (6) feet in
height.
(ii) RSF-Y (Less Than One (1) Acre Net) /RSF-X/LSF-Z/LSF-Y/LSF-X/RMF-10/RMF-
20.
a. Fencing within a required primary, secondary, or corner street setback can be a
maximum of four (4) feet in height.
b. Fencing within a required side or rear yard setback shall be a maximum of six (6) feet
in height.
(iii) Residential Gates.
Page 109 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
a. Gates are permitted in single-family residential zoning districts for private driveways.
b. Gates shall be setback a minimum of twenty (20) feet from the right-of-way in
accordance with engineering standards.
c. Gates shall be a maximum of twelve (12) feet in height and shall remain residential in
nature.
d. Gateposts and other superstructures over site entrances and exits may be up to twelve
(12) feet in height.
e. Gates shall comply with emergency access standards.
f. Gates shall not swing open toward the street unless the maximum swing is not closer
than sixteen (16) feet from the edge of the right-of-way.
g. Gates or associated structures shall comply with minimum sight-distance standards.
h. A construction permit shall be required for all gates that exceed six (6) feet in height or
contain electrical components.
(iv) Height Measurement. Fence height shall be measured from the adjacent grade of the
downhill side of the wall, fence, or hedge.
a. Where fences or walls are located on retaining walls or berms, the height of the
retaining wall or berm shall be considered as part of the overall height of the fence or wall if the
retaining wall or berm exceeds two (2) feet in height.
b. If a retaining wall is terraced and separated by five (5) feet of horizontal space or
greater, they shall be considered individual walls for the purposes of measuring height.
(v) CN/CP/CR/CS/CT/CPK/DC/DO.
a. Barbed wire/ razor wire/ concertina wire shall not be located in commercial zones. This
does not apply to agricultural fencing utilized in a low height four (4) feet in height or less
within a rural setting to enclose livestock.
(vi) IP/I zones.
a. Barbed, razor, or concertina wire is subject to approval of the Design Review Committee
(section 9-2.107) if findings can be made that it will not negatively impact the health and
welfare of the surrounding area and its appearance is consistent with surrounding properties
and land uses.
Page 110 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
(2) The Design Review Committee (DRC) may grant an exemption to the front setback
fencing requirement to a maximum of six (6) feet in height if proposed fence would be consistent
with the neighborhood character and does not impair site distance for vehicular traffic, as
reviewed by the City Engineer.
(3) Permit to Exceed Height. A minor conditional use permit approval is required where
fencing is proposed to be greater than six (6) feet in height within or outside any required
setback, with the exception of fencing described in subsection (c)(1)(i)(b) or subsection
(c)(1)(ii)(a).
(4) Screening Materials Substitution. Where screening is required to be a solid wall or
fence, the following materials may be substituted subject to the approval of the Community
Development Director through adjustment (see Section 9-1.112 of this title), except where
screening is required adjacent to a residential use or zone:
(i) Landscape Screen. Screening plant materials may be substituted for a wall or fence,
where:
a. Notwithstanding section 9-4.128(a)(1)(ii), proposed plant materials are certified in
writing by a registered landscape architect as having the capability of achieving sixty percent
(60%) of total view blockage within eighteen (18) months of planting, and one hundred percent
(100%) of total view blockage within thirty-six (36) months of planting; and
b. The applicant agrees in writing to install solid fencing after the expiration of thirty-six
(36) months, in the event that the landscaping has not totally blocked the view of areas required
to be screened.
(ii) Berms. A landscaped berm may be substituted for a wall or fence, provided that the
combination of berm and landscaping is no less than the required height of the fence or wall, and
that the berm is constructed with a maximum slope of three to one (3:1), with side slopes
designed and planted to prevent erosion, and with a rounded surface a minimum of two (2) feet
in width at the highest point of the berm, extending the length of the berm. The berm shall be
planted with shrubs, lawn or groundcover.
(iii) Chain-Link Fencing. Vinyl-coated, chain-link fencing with evergreen landscape
screen planting may be substituted for a solid wall or fence in commercial and industrial zones,
except where screening fencing is required adjacent to residential uses and zones
9-6.105 Home occupations.
An accessory use of a dwelling unit for gainful employment involving the manufacture,
provision, or sale of goods or services is subject to the standards of this section.
Page 111 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
(a) Appearance, Visibility and Location. The standards of this section determine what
physical changes may occur in a dwelling unit to accommodate a home occupation and where on
a residential site a home occupation may be conducted.
(1) Changes to the Dwelling. The home occupation is not to change the residential
character of the outside appearance of the building, either:
(i) By the use of colors, materials, lighting, signs or by the construction of accessory
structures or garages visible from off-site and not of similar character as the residence; or
(ii) By the emission of noise, glare, flashing lights, vibrations or odors not commonly
experienced in residential areas.
(2) Display of Products. The display of home occupation products for sale, in a manner
visible from the public street or adjoining properties, is prohibited.
(3) Outdoor Activities. On sites of less than one (1) acre, the use shall be conducted
entirely within a principal or accessory structure except instructional activities that may be
performed outdoors. Outdoor storage of materials related to the home occupation is allowed only
on parcels one (1) acre or larger (except as otherwise provided by Section 9-6.103), where such
storage is to be screened from view of any street or adjacent property.
(4) Use of Garage or Accessory Structure. The use of a garage or accessory structure is
allowed subject to Section 9-6.106, except that the conduct of the home occupation shall not
preclude the use of the garage for vehicle parking unless any required replacement parking can
be accommodated on site.
(b) Area Devoted to a Home Occupation. The home occupation shall be incidental and
subordinate to the principal use of the site as a residence.
(c) Employees. No person other than members of the household residing on the premises
may be employed and working on the site, except that employees, including independent
contractors, partners, and similar employee-type relationships, may be permitted through
administrative use permit approval (refer to Section 9-1.112) as follows:
(1) The number of employees shall be unlimited, if the following criteria can be complied
with:
(i) The employees do not work at or report to the site of the home occupation during, or
immediately before or after, the normal operating hours of the business.
(ii) No additional vehicles, equipment, or outside storage shall occur at the residence as a
result of the increased number of employees.
(2) A maximum of two (2) employees, if the following criteria can be complied with:
Page 112 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
(i) No additional client vehicles are generated to the premises as a result of the increased
number of employees.
(ii) The function of the employees in working on the site is to provide direct service to the
employer rather than to the clients of the business.
(iii) It is necessary for the operation of the business to have the employees working at the
site of the home occupation.
(iv) Any additional vehicles, equipment, or outside storage can be maintained on the site in
compliance with subsection (a) of this section.
(v) The allowance of employees will not have any adverse effect on the surrounding
residential area.
(d) Hours of Operation. Hours of operation are unrestricted except that home occupations
which generate sounds audible from offsite shall be limited to the hours from 7:00 a.m. to 7:00
p.m., provided that such home occupation complies with the standards of Chapter 9-14.
(e) Limits on the Kinds of Home Occupations Allowable. Subject to all of the standards of
this section, allowable home occupations consist of:
(1) Office-type personal or business services (including personal instruction such as music
lessons or contracting services not involving on-site storage of materials or equipment) that do
not involve the presence of more than one (1) client vehicle at any one (1) time;
(2) Handcraft or artwork production, including, but not limited to, pottery and ceramics,
artistic glass or metalwork, electronic components, woodcarving and woodworking (except for
mass-production operations such as cabinet shops), antique furniture restoration, painting and
photography, except when such use involves on-site use of equipment requiring more than
standard household electrical current at one hundred ten (110) or two hundred twenty (220) volts
or that produces noise (refer to Chapter 9-14), dust, odor or vibration detrimental to occupants of
adjoining dwellings;
(3) The personal sale of cosmetics, personal or household products (except appliances), or
other goods or products; when such sales occur on the premises of the purchaser, provided that
wholesale sales may occur pursuant to subsection (f) of this section, or occur off the premises in
some other approved location; and
(4) Small-scale agricultural accessory uses and horticultural specialties.
(f) Sale of Products. On-site retail sales of the products of a home occupation are
prohibited, except:
Page 113 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
(1) Garage sales or the sale of handcrafted items and artwork produced on site are allowed
not more than twice per year, for a maximum of two (2) days per sale;
(2) Home distributors of cosmetics and personal or household products may supply other
approved home occupation proprietors; and
(3) Agricultural produce stands are permitted consistent with Section 9-6.117.
(g) Signing. One (1) identification sign with a maximum area of two (2) square feet may
be erected pursuant to Chapter 9-15. A commercial vehicle carrying any sign identifying the
home occupation and parked on or adjacent to the residential site visible from the public street is
included in determining the maximum allowable area of on-site fixed signs.
(h) Parking and Traffic. Traffic generated by a home occupation is not to exceed the
volume normally expected for a residence in a residential neighborhood. All parking needs of the
home occupation are to be met off the street. For purposes of this section, normal residential
traffic volume means up to ten (10) trips per day. This subsection does not apply to garage or
handcraft sales pursuant to subsection (f)(1) of this section.
(i) Oversized/ Heavy Equipment Storage. Storage of oversized equipment is limited to one
item that may be stored onsite. Heavy equipment includes, but is not limited to self-propelled,
self-powered or pull-type equipment and machinery, weighing 5,000 pounds or more, primarily
employed for construction, industrial, and forestry uses (e.g., water tender, backhoe, mini-
excavator, and SWECO tractor). Any on-site storage of heavy equipment associated with a home
occupation may only be approved if the following condition are met:
(1) Equipment must be entirely screened from the public right-of-way and adjacent
parcels.
(2) The City Engineer must determine there is adequate access and that the equipment will
not unreasonably impact surrounding public streets.
9-6.106 Residential accessory uses.
The standards of this section apply to the specific types of residential accessory uses and
structures as listed. Standards for agricultural accessory structures are subject to Section 9-6.109.
Agricultural accessory structures for the keeping of animals are subject to Section 9-6.112.
(a) Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment,
may be located within any required side or rear setback, provided that they are no closer than
eighteen (18) inches to a property line (additional setbacks may be required by the adopted
building code), and provided that they are fenced as required by Section 9-4.128.
(b) Detached Accessory Structures. Any detached accessory structure intended for
residential accessory uses and accessory storage.
Page 114 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
(1) Limits on Use. An accessory structure may be constructed or used solely for
noncommercial hobbies or amusements; for maintenance of the principal structure or yards; for
artistic endeavors such as painting, photography or sculpture; for maintenance or mechanical
work on vehicles owned or operated by the occupants; for an approved home occupation; or for
other similar purposes.
(2) Floor Area. The maximum gross floor area of a detached accessory structure is not to
exceed one hundred percent (100%) of the gross floor area of the principal structure, up to two
thousand (2,000) square feet, whichever is less.
(i) The floor area may be increased by approval of an administrative use permit (Section 9-
1.112) to allow additional floor area over the specified limits, when consistent with the
appearance and design criteria in subsection (b)(3) and when additional findings can be
made to support an increased size.
(3) Appearance and Design. An accessory structure that exceeds fifty percent (50%) of the
gross floor area of the principle principal structure shall adhere to the following criteria:
(i) Accessory structure shall not be located between the primary structure and the public
roadway, unless no purpose of the location limitation is served based on the size, topography, or
unique situation of the property;
(ii) Accessory structure shall be compatible with the pattern of development in the
neighborhood (there are similar structures on adjacent properties, and properties are of a size,
nature and topography so as to not create a significant aesthetic impact);
(iii) Accessory structure is compatible or complementary with the architectural style of the
primary structure;
(iv) The floor area of the accessory structure is equal or lesser than the floor area of the
primary structure;
(iv) The accessory structure is located on a conforming lot or a lot that is one (1) acre
(net) or greater;
(vi) The accessory structure can be built to avoid substantial grading and the removal of
significant native trees;
(vii) The accessory structure does not block sunlight for adjacent properties, alter site
distance for roads or driveways, nor substantially alter the visual quality of the property;
(viii) The accessory structure shall be located no closer than ten (10) feet to the side
property line as measured from the nearest roof eave; and
Page 115 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
(ixviii) The accessory structure shall be located no closer than forty (40) feet to the nearest
residential dwelling on an adjacent property.
(4) Exceptions. The following exceptions shall apply to the size and/or design criteria
limitations:
(i) The size of an accessory structure may be increased above the size limitations with an
approval of an Administrative Use Permit
(ii) If a structure cannot meet the design criteria for an accessory structure exceeding 50%
of the gross floor area of the primary structure, exceptions may be granted through the approval
of an Administrative Use Permit.
(45) Residential accessory structures one hundred twenty (120) square feet or less are
exempt from requiring a permit if the structure is incidental to the primary use and meets the
following requirements:
(i) The structure does not create a nuisance;
(ii) The use of the structure is permitted under its zoning;
(iii) The structure meets the property’s rear and side yard minimum setback requirement of
three (3) feet if the structure is less than twelve (12) feet in height;
(iv) If the structure is more than twelve (12) feet in height, standard setback shall be
required regardless of exemption;
(v) The accessory structure is located outside of the required front yard setback;
(vi) A minimum (5) foot setback is required between structures. If structures are abutting,
the aggregate area of the buildings shall be considered one (1) building and shall require a
building permit; and
(vii) Hoop Structures/Greenhouses. Limited to two (2) per residential property. Additional
structures may be approved with DRC approval.
(56) Offices/Art Studio. Offices or art studios are defined as any type of residential
occupancy construction (R) with no kitchens, no overnight stays, cooking facilities and/or no
bathing facilities (one (1) water closet is permitted). Studios shall be limited to four hundred fifty
(450) square feet. Studios greater than four hundred fifty (450) square feet shall be considered
accessory or urban dwelling units. Deed restrictions shall be required for any proposed office or
art studio with plumbing limiting the use of the studio.
(67) Number of Structures. The number of nonexempt accessory structures requiring a
building permit shall be limited to three (3) two (2) structures.
Page 116 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
(c) Mini-bike, motorcycle, dirt bike or similar two (2) or more wheel motor vehicle riding
is allowed subject to the following limitations:
(1) No more than two (2) such vehicles shall be operating at the same time.
(2) Operation is limited to a maximum of two (2) hours in a day. Limit applies even if
only one (1) such vehicle is being operated.
(3) Operation is limited to a maximum of eight (8) hours in a week.
(i) This limit applies even if only one (1) such vehicle is operated.
(ii) A week shall be measured from Monday through Sunday.
(4) Notwithstanding the above, no such use shall be allowed prior to noon on Sundays.
(5) Any violations to the above-mentioned limitations are subject to cost recovery for
responses to disturbances, as listed in Section 9-14.14.
(d) Exceptions to Accessory Structure Standards.
(1) Notwithstanding section 9-6.106(b)(4), Ddetached accessory structures that deviate
from requirements are subject to the approval of a minor conditional use permit.
(2) Minor Use Permit Required: A minor Use Permit shall be required for the following:
(i) Any detached accessory structure in excess of the three (3) two (2) structures
permitted
(ii) or wWhen multiple exempt accessory structures (less than one hundred twenty
(120) square feet) are constructed on the premises that are no longer accessory
uses to the primary unit as determined by the Community Development Director
is subject to the approval of a minor conditional use permit.
(e) Agricultural Accessory Uses. This subsection applies to small-scale agricultural uses
that are incidental to a primary use in Residential Zoning Districts.
(1) Hobby crop production and processing. Incidental crop production and small-scale
processing is permitted subordinate to the residential use of the property. Any accessory
structures used for this purpose must comply with accessory structure standards of this section.
(i) Agriculture intended for commercial use must also comply with home occupations
standards as listed in Section 9-6.105.
(2) Produce stands are permitted in compliance with Section 9-6.117.
Page 117 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
(3) Farm animal raising is permitted in compliance with Section 9-6.112.
9-6.125 Schools, and preschools, and child day care facilities.
The provisions of this section apply to preschools and public and private schools providing
instruction for preschool through twelfth grade children; business and vocational schools; and to
preschools and other facilities including individual homes where day-care services are provided
to more than six (6) children.
(a) Elementary and High Schools.
(1) Location. No closer than one thousand (1,000) feet to CS, CPK, IP and I Zones or five
hundred (500) feet from a CR Zone.
(2) Parking. Off-street parking is to be provided at a ratio of two (2) spaces for each
classroom, and one space for one hundred (100) square feet of administrative or clerical office
space. Except that where Section 9-4.114 would require more spaces for an on-site auditorium,
stadium, gymnasium or other public or sports assembly facility, the larger number of spaces is to
be provided.
(b) Business and Vocational Schools.
(1) Limitation on Use. Business and vocational schools are allowed in the IP Zones only
when the curriculum offered is primarily in subjects relating to industry and/or manufacturing.
(2) Parking. Off-street parking is to be provided at a ratio of one (1) space per seat in the
largest classroom or instructional area, in addition to spaces required for any proposed
auditorium by Section 9-4.114.
(c) Preschools and Child Day Care. The following standards apply in addition to the state
licensing requirements in Title 22 of the California Administrative Code.
(1) Minimum Site Area – Preschools and Child Care Centers. Six thousand (6,000) square
feet where a facility is to accommodate seven fifteen (715) or more children.
(2) Site Design Standards.
(i) Fencing. All outdoor play areas are to be enclosed with fencing a minimum of four (4)
feet high: provided that such fencing is to be solid and a minimum of six (6) feet in height on any
property line abutting a residential use on an adjoining lot.
(ii) Parking and Loading Requirement. For facilities with six (6) or less children, no
requirement other than that normally required for a residence; for facilities with seven (7) to
twelve fourteen (124) children, one (1) space per employee, two (2) guest spaces, and an off-
street drop-off area is to be provided with the capability to that can accommodate at least two (2)
Page 118 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
cars must be provided, in addition to the parking normally required for the residence; to be
established through conditional use permit approval for facilities with more than ten fourteen
(104) children.
9-6.135 Residential care facilities.
(a) Minimum Site Area. Twenty Ten thousand (120,000) square feet is the minimum site
area for more than six (6) boarders.
(b) Fencing. Any play areas for children are to be fenced to prevent uncontrolled access to
and from the site.
(c) Parking. Non-medical facilities shall meet multi-family parking standards. For
facilities with medical care more than six (6) boarders, parking is to be provided as set forth in
Section 9-6.134(b).
9-6.167 Towing Services
Establishments defined as towing services are subject to the following standards:
(a) Location Criteria. The location shall be as follows:
1. Street Characteristics. A towing service shall be approved only on an arterial or collector
road.
(b) Site Design Criteria. In addition to the other applicable standards of this title, the
following are applicable to service stations:
(1) A minimum 10-foot wide landscape setback shall be provided along all street
frontages. If the towing service and vehicle storage yard is utilizing an existing
building with less than 10 feet between the building and any right-of-way, the
provided setback shall be landscaped.
(2) All outdoor storage areas shall be screened from the right of way and adjacent
properties by a minimum six-foot high solid fence or masonry wall around the entire
perimeter of the outdoor storage area.
(3) Outdoor storage areas that abut a residential zone shall be separated from such
property by a landscaping strip with a minimum width of ten (10) feet.
(4) All parking areas are to be surfaced with an asphalt, concrete, or crushed rock
surface.
(5) Outdoor vehicle storage shall be limited to 8,000 square feet. A larger outdoor storage
area shall be subject to the review and approval of a conditional use permit and shall
be at least than 300 feet from a residential zoning district.
Page 119 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
9-6.177 Temporary events.
Where allowed, temporary events are subject to the standards of this section; except when
such events occur in theaters, convention centers, meeting halls, or as part of a City sponsored
event on public property other public assembly facilities. Swap meets are subject to the standards
of Section 9-6.139.
(a) General Requirements.
(1) Public Events. No entitlement permit is required for admission for free events held at a
public park or on other land in public ownership when conducted under the management of a
public agency, or organization, school or church provided that the event is conducted in
accordance with all applicable provisions of this title.
(2) Commercial Entertainment Events. Temporary Ccommercial outdoor entertainment
activities events require the approval of a Temporary Event Permit and are subject to the
provisions of this section and regulations governing business licenses.
(3) Parades. Parades and other temporary events within the public right-of-way are not
subject to these Temporary Event standards requirements, provided that all requirements of the
City Engineer and Police Department are met.
(b) Time Limit. A temporary event may is to be held in a single location for a period no
longer than twelve twenty (12) (20) consecutive cumulative days per year, or four two (4) (2)
successive weekends (Saturday and Sunday), unless a longer time period is approved through an
Administrative Use Permit.
(c) Site Design Standards.
(1) Access. Outdoor temporary events shall be provided with a minimum of two (2)
unobstructed access points, each a minimum of eighteen (18) feet wide, from the event site to a
publicly maintained road and must provide adequate access to emergency services throughout
the event site, subject to review and approval of the City Fire Marshal.
(2) Parking. Off-street parking is to be provided for private events as follows, with such
parking consisting at minimum of an open area at a ratio of four hundred (400) square feet per
car, on a lot free of flammable material. Adequate off-street parking shall be provided for the
proposed event, except that temporary events in the Downtown Commercial zoning district shall
not require off-street parking. All parking areas shall be on a non-flammable surface.
(3) Restrooms. Establishment of temporary food services (food trucks) shall have access to
approved restrooms on site. Restroom facilities located off-site within 200 feet of the food
service may be approved, subject to the approval of the Building Official.
Page 120 of 121
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
02/27/24
1B
(4) Installation of electrical service or fixtures governed by the building code for a
temporary event site shall be subject to City review of a construction permit, unless otherwise
exempted by the City Building Official.
(5) Tents or related structures that are greater than 400 square feet shall require a
construction permit, subject to the approval of the Fire Marshal.
(i) Seated Spectator Events. One parking space for each twelve (12) square feet of seating
area.
(ii) Exhibit Event. One parking space for each seventy-five (75) square feet of exhibit
area.
(d) Guarantee of Site Restoration. A bond or cash deposit is may be required for approval
of a temporary event to guarantee site restoration after use, and operation in accordance with the
standards of this title. The guarantee shall cover both operation and restoration and is subject to
the provisions of Section 9-2.121.
9-9.102 General definitions.
Update the following definitions:
Residential additions. Residential additions (additions) are defined as an increase of floor
area to a residential unit, including attached uninhabitable space. Habitable residential additions
shall have a continuous, logical internal connection of conditioned space that provides for access
to all portions of the unit and addition. Doors or other partitions may not be used to create two
(2) separate living spaces.
The addition shall not have a secondary kitchen; however, a wet bar is permissible as
defined herein. Habitable aAdditions must have a minimum ten (10) feet of shared common wall
and a logical internal connection of conditioned space that provides access to all portions of the
unit and addition. A breezeway or similar roof connection of unenclosed or unconditioned space,
regardless of length, shall not be considered a residential addition. Uninhabitable additions must
have a minimum of ten (10) feet of shared common wall. Structures connected by a breezeway
or other open sided elements are considered detached structures.
Page 121 of 121