HomeMy WebLinkAboutCC_2024_03_12_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA
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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),
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or any financially interested participant who actively supports or opposes the City’s decision on the agenda
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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
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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 74
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, March 12, 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 Dariz
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 27, 2024 Regular Meeting
▪ Recommendation: Council approve the February 27, 2024, Draft City Council
Regular Meeting Minutes. [City Clerk]
City Council Regular Session: 6:00 P.M.
Successor Agency to the Community Immediately following
Redevelopment Agency of Atascadero: conclusion of the City
Council Regular Session
Page 2 of 74
2. Second Reading of Text Amendments to Title 3: Finance and Title 9:
Planning & Zoning
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt, on second reading, by title only, 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]
B. PUBLIC HEARINGS: None.
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.)
C. MANAGEMENT REPORTS:
1. The Taxpayer Protection and Government Accountability Act Initiative No.
21-0042A1
▪ Fiscal Impact: No current fiscal impact; if approved, The Taxpayer Protection
and Government Accountability Act will take billions of dollars away from local
government services statewide.
▪ Recommendation: Council adopt Draft Resolution opposing Initiative No. 21-
0042A1, the Taxpayer Protection and Government Accountability Act.
[City Manager]
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)
Page 3 of 74
Mayor Pro Tem Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
Council Member Bourbeau
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member Dariz
1. Air Pollution Control District
2. California Joint Powers Insurance Authority (CJPIA) Board
3. Community Action Partnership of San Luis Obispo (CAPSLO)
4. Design Review Committee
5. Visit SLO CAL Advisory Committee
Council Member Newsom
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. League of California Cities – Council Liaison
E. INDIVIDUAL DETERMINATION AND / OR ACTION: (Council Members may ask a
question for clarification, make a referral to staff or take action to have staff place a
matter of business on a future agenda. The Council may take action on items listed
on the Agenda.)
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
ADJOURN TO MEETING OF THE SUCCESSOR AGENCY
Page 4 of 74
ITEM NUMBER: A-1
DATE: 03/12/24
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, February 27, 2024
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:02 p.m. with a moment of silence in honor of
the recent passing of Atascadero’s first mayor, Bob Wilkins, after which Council Member
Bourbeau led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Bourbeau, Newsom, Mayor Pro Tem Funk, and Mayor
Moreno
Absent: Council Member Dariz
Others Present: None
Staff Present: City Manager Jim Lewis, Administrative Services Director Jeri Rangel,
Community Development Director Phil Dunsmore, 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, Planning Manager
Kelly Gleason, and Associate Planner Erick Gomez.
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 (4): Bourbeau, Newsom, Funk, and Moreno
ABSENT (1): Dariz
Passed 4-0
City Council Regular Session: 6:00 P.M.
Page 5 of 74
ITEM NUMBER: A-1
DATE: 03/12/24
A. CONSENT CALENDAR:
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]
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]
MOTION BY: Bourbeau
SECOND BY: Newsom
1. Approve the consent calendar (#A-3: Contract No. 2024-002) (#A-4: A3 to Contract
No. 2021-032) (#A-5: Resolution 2024-004).
AYES (4): Bourbeau, Newsom, Funk, and Moreno
ABSENT (1): Dariz
Passed 4-0
Page 6 of 74
ITEM NUMBER: A-1
DATE: 03/12/24
B. RISK MANAGEMENT:
1. Risk Management Update
▪ Fiscal Impact: None
▪ Recommendation: Council receive and file the 2022-23 Risk Management
update. [City Manager]
Deputy City Manager Lara Christensen and California Joint Powers Insurance Authority
(CJPIA) Senior Regional Manager Tim Karcz gave the report and answered questions from
the Council.
PUBLIC COMMENT:
The following persons spoke on this item: None.
Mayor Moreno closed the Public Comment period.
The 2022-23 Risk Management update was received.
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: Lee Perkins, Theresa
Robinson, Tara Bringhurst, Vicki Janssen, Anne Golby, Gordon Fuglie, Austin Solheim,
Geoff Auslen, Cara Gleason.
C. PUBLIC HEARINGS:
1. 2024 Community Development Block Grant Funding Recommendations
▪ Fiscal Impact: $134,205 of CDBG funds.
▪ Recommendation: Council review and approve funding recommendations for
the 2024 Community Development Block Grant (CDBG) program as shown
below and authorize staff to adjust award amounts proportionately upon
receipt of the final funding amount. [Public Works]
Ex parte communications: Council Member Bourbeau reported speaking with 5 Cities
Homeless Coalition. No other Council Members had anything to report.
Public Works Director Nick DeBar gave the report and answered questions from the Council.
AWARD
AMOUNT
PUBLIC FACILITIES (PF) & HOUSING PROJECTS (HP) CATEGORY (65% Min.)
1.CITY OF ATASCADERO - Viejo Camino Sidewalk and ADA Improvements 87,233$
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 7 of 74
ITEM NUMBER: A-1
DATE: 03/12/24
PUBLIC COMMENT:
The following persons spoke on this item: Geoff Auslen and Austin Solheim.
Mayor Moreno closed the Public Comment period.
MOTION BY: Bourbeau
SECOND BY: Funk
1. Approve funding recommendations for the 2024 Community Development Block
Grant (CDBG) program, as detailed in the staff report, and authorize staff to adjust
final award amounts where any additional Public Facilities funds will be allocated
to the City’s Viejo Camino Sidewalk and ADA Improvements project and any
additional Public Services funds will be allocated to ECHO and any reduction
would be prorated proportionately upon receipt of the final funding amount.
AYES (4): Bourbeau, Funk, Newsom, and Moreno
ABSENT (1): Dariz
Passed 4-0
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]
Ex parte communications: None.
Community Development Director Phil Dunsmore and Planning Manager Kelly Gleason
gave the report and answered questions from the Council.
PUBLIC COMMENT:
The following persons spoke on this item: Geoff Auslen.
Mayor Moreno closed the Public Comment period.
MOTION BY: Newsom
SECOND BY: Funk
1. 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 with the following edits to Exhibit B:
Section 9-1.111 Appeal:
Decisions of the Planning Department or Planning Commission may be appealed by an
applicant, any aggrieved person, the Planning Commission, or the City Council, and/or
individual members of the Planning Commission or City Council. Decisions of the
Planning Commission may be appealed by an applicant, any aggrieved person, or the
Page 8 of 74
ITEM NUMBER: A-1
DATE: 03/12/24
City Council, and/or any individual member of the City Council. An appeal shall be filed
in 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 City Council, or any individual members thereof.
Section 9-3.500 Definitions:
Personal Services – Restricted. Service establishments providing the following 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.
AYES (4): Bourbeau, Funk, Newsom, and Moreno
ABSENT (1): Dariz
Passed 4-0
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members gave brief update reports on their committees since their
last Council meeting:
Mayor Moreno
2. County Mayors Round Table
Mayor Pro Tem Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
3. Homeless Services Oversight Council
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
Mayor Moreno noted a request from the El Camino Homeless Organization (ECHO) for the
City to submit a letter in support of ECHO’s application for funding for the Housing Authority
of San Luis Obispo (HASLO) through the County of San Luis Obispo’s HHAP-3 and HHAP-
4 Request for Proposals.
There was Council consensus to direct staff to draft, and authorize the Mayor to sign, a letter
in support of ECHO’s funding application.
F. ADJOURNMENT
Mayor Moreno adjourned the meeting at 8:26 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
APPROVED:
Page 9 of 74
ITEM NUMBER: A-2
DATE: 03/12/24
Atascadero City Council
Staff Report - Community Development Department
Second Reading of Text Amendments to
Title 3: Finance and Title 9: Planning & Zoning
ZCH22-0053
RECOMMENDATION:
Council adopt, on second reading, by title only, 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.”
DISCUSSION:
A review and update to the City’s zoning regulations was 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” was also needed to ensure
clarity and consistency. 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 were reviewed. 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
16. Fix parking typo
17. Modify driveway standards for consistency with Fire Code
18. Clarify appeal language
19. Add DRC to public hearing section
Page 10 of 74
ITEM NUMBER: A-2
DATE: 03/12/24
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.
The City Council heard the item at the February 27, 2024, meeting and introduced the
draft ordinance for first reading. At that meeting, the following changes were made and
have been incorporated into the attached ordinance for final adoption:
1. Modification of the definition for “Personal Services - Restricted”
2. Modified language for appeals
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.
ATTACHMENTS:
1. Draft Ordinance
Page 11 of 74
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
03/12/24
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 12 of 74
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
03/12/24
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 13 of 74
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
03/12/24
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 March 12, 2024.
CITY OF ATASCADERO:
____________________________________
Heather Moreno, Mayor
ATTEST:
_____________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Dave Fleishman, City Attorney
Page 14 of 74
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
03/12/24
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.
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(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
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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.
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(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
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(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
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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
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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.
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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, any aggrieved person, the Planning Commission, or the City Council, and/or
individual members of the Planning Commission or City Council. Decisions of the Planning
Commission may be appealed by an applicant, any aggrieved person, or the City Council, and/or
any individual member of the City Council. An appeal shall be filed in writing, setting forth the
reasons for the appeal. An appeal shall be accompanied by any fees required. Appeal fees shall
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not be required for appeals initiated by the Planning Commission, or City Council, or any
individual members thereof.
When an appeal has been filed, accompanied by required fees, the Planning Director will prepare
a report on the matter and 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
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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
A A A A 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
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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
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Accessory Storage A4 CUP 4 A4 CUP 4 CUP 4 A4 A4 9-6.103
Adult Day Care
Facility A A A CUP
Adult Oriented
Business A A A A 9-16
Age Restricted
Housing CUP
Agricultural
Produce Stands A A A A 9-6.117
Amusement
Services A A A A A A
Animal Hospitals 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
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s) CN CP CR CS CT CPK DC DO IP I
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
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s) CN CP CR CS CT CPK DC DO IP I
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
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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
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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 CUP CUP 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
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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.
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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.
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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 24 dwelling units/acre maximum 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.
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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;
` 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 fourteen (14) children, including 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 providing the following
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.
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.
Does not include a towing service 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; outdoor festivals, concerts. Does not
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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) Common Wall Development. Any two (2) dwelling units, and/or their accessory
garages, may be constructed on adjoining lots without setbacks between them provided that:
(i) The setback has been eliminated through subdivision map or conditional use permit
approval;
(ii) A common wall or party wall agreement, deed restriction, or other enforceable
restriction has been recorded;
(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.
(2) 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;
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(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.
(3) Access Easements. All access easements shall have a minimum setback of five (5)
feet, measured from the edge of the easement.
(4) 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
commercial and industrial uses shall have a minimum rear setback of ten (10) feet, except as
follows:
(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.
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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.
(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.
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(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
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.
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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
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.
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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
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 per table,
1 per 2 counter stools,
plus
Employee Spaces
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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
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,
1 per 400 s.f. Medium N.A.
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government, insurance,
law, offices, real estate
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
or 1 per 40 s.f. of floor area
in assembly rooms,
whichever is greater
Medium Medium
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
High High
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space; additional spaces as
required for accessory uses
(restaurants, etc.)
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
(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 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.
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(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
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, 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. 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.
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(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 must be constructed per
building code requirements.
(b) Exceptions to Fencing and Screening Requirements.
(1) Buildings Abutting Property Lines. Required screening or fencing may be omitted
along any lot line where a building wall exists immediately abutting the lot line.
(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.
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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.
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.
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(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.
(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, 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.
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(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.
(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:
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(1) The number of employees shall be unlimited, if the following criteria can be complied
with:
(i) The employees do not work at or report to the site of the home occupation during, or
immediately before or after, the normal operating hours of the business.
(ii) No additional vehicles, equipment, or outside storage shall occur at the residence as a
result of the increased number of employees.
(2) A maximum of two (2) employees, if the following criteria can be complied with:
(i) No additional client vehicles are generated to the premises as a result of the increased
number of employees.
(ii) The function of the employees in working on the site is to provide direct service to the
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;
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(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:
(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.
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(a) Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment,
may be located within any required side or rear setback, provided that they are no closer than
eighteen (18) inches to a property line (additional setbacks may be required by the adopted
building code), and provided that they are fenced as required by Section 9-4.128.
(b) Detached Accessory Structures. Any detached accessory structure intended for
residential accessory uses and accessory storage.
(1) Limits on Use. An accessory structure may be constructed or used solely for
noncommercial hobbies or amusements; for maintenance of the principal structure or yards; for
artistic endeavors such as painting, photography or sculpture; for maintenance or mechanical
work on vehicles owned or operated by the occupants; for an approved home occupation; or for
other similar purposes.
(2) Floor Area. The 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.
(3) Appearance and Design. An accessory structure that exceeds fifty percent (50%) of the
gross floor area of the 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 accessory structure is located on a conforming lot or a lot that is one (1) acre
(net) or greater;
(v) The accessory structure can be built to avoid substantial grading and the removal of
significant native trees;
(vi) 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;
(vii) 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
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(viii) 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.
(5) 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.
(6) 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.
(7) Number of Structures. The number of nonexempt accessory structures requiring a
building permit shall be limited to three (3) structures.
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(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), detached 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) structures permitted
(ii) When multiple exempt accessory structures (less than one hundred twenty (120)
square feet) are constructed on the premises that are no longer accessory uses to
the primary unit.
(e) Agricultural Accessory Uses. This subsection applies to small-scale agricultural uses
that are incidental to a primary use in Residential Zoning Districts.
(1) Hobby crop production and processing. Incidental crop production and small-scale
processing is permitted subordinate to the residential use of the property. Any accessory
structures used for this purpose must comply with accessory structure standards of this section.
(i) Agriculture intended for commercial use must also comply with home occupations
standards as listed in Section 9-6.105.
(2) Produce stands are permitted in compliance with Section 9-6.117.
(3) Farm animal raising is permitted in compliance with Section 9-6.112.
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9-6.125 Schools, 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 fifteen (15) 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
fourteen (14) children, one (1) space per employee, two (2) guest spaces, and an off-street drop-
off area that can accommodate at least two (2) 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 fourteen (14) children.
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9-6.135 Residential care facilities.
(a) Minimum Site Area. Ten thousand (10,000) 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, 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.
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. Swap meets are subject to the standards of Section 9-6.139.
(a) General Requirements.
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(1) Public Events. No permit is required for free events held at a public park or on other
land in public ownership when conducted under the management of a public agency.
(2) Commercial Events. Temporary commercial outdoor 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, provided that all requirements of the City Engineer
and Police Department are met.
(b) Time Limit. A temporary event may be held in a single location for a period no longer
than twenty (20) cumulative days per year 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 unobstructed access 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. 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.
(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.
(d) Guarantee of Site Restoration. A bond or cash deposit 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:
Page 56 of 74
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
03/12/24
1B
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 additions must have a minimum ten (10) feet of shared common wall
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 57 of 74
ITEM NUMBER: C-1
DATE: 03/12/24
Atascadero City Council
Staff Report – City Manager’s Office
The Taxpayer Protection and Government Accountability Act
Initiative No. 21-0042A1
RECOMMENDATIONS:
Council adopt Draft Resolution opposing Initiative No. 21-0042A1, the Taxpayer
Protection and Government Accountability Act.
DISCUSSION:
In February 2023, the “Taxpayer Protection and Government Accountability Act,” or
Initiative No. 21-0042A1, sponsored primarily by the California Business Roundtable,
qualified for the November 5, 2024, General Election ballot. This measure would amend
the California Constitution with provisions that limit voters’ authority and input, adopt
new and stricter rules for raising taxes and fees, and may make it more difficult to
impose fines and penalties for violation of state and local laws.
If approved, this measure puts billions of local government tax and fee revenues at risk
statewide with related core public service impacts. This measure would have significant
negative impacts on the City of Atascadero’s operations and core service delivery. The
League of California Cities, along with a broad coalition of local governments, labor and
public safety leaders, infrastructure advocates, and businesses, strongly opposes this
initiative. Additionally, the initiative conflicts with the City Legislative Platform’s guiding
principles of “Promoting Fiscal Responsibility” and “Maintaining Local Control.”
Major Provisions
Effective Date
Any new or increased tax or fee adopted by the Legislature, a city council, or the local
voters after January 1, 2022, must comply with the measure’s new rules or are void
unless reenacted. These new provisions could have a direct impact on the extension of
the City’s sales tax, F-14, if it is placed on the ballot and approved to be extended.
State and Local Government Taxes
• Amends the State Constitution to expand and define all state and local levies,
charges, and fees as a tax or exempt charges.
• Increases the requirements for voter approval of new or increased state and local
taxes:
Page 58 of 74
ITEM NUMBER: C-1
DATE: 03/12/24
o Legislature proposed taxes must be approved by a two-thirds of each
house and a majority vote of the statewide electorate. The increased vote
requirements would not apply to citizen-initiated state ballot measures.
o Local taxes, whether sought by the local governing body or the electorate,
must be approved by two-thirds vote of the local electorate.
• New or increased taxes adopted after January 1, 2022, must include a sunset
date.
• Barrs local governments that have adopted charters from adopting charter
amendments that provide for the imposition, extension, or increase of a tax or
exempt charge.
• Expressly prohibits local advisory measures. No measure may appear on the
ballot allowing local voters to express a preference for how local general tax
dollars should be spent.
• Requires voter approval to expand existing taxes (e.g., Utility, Transient
Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g.,
new utility service)
State and Local Government Fees and Charges
• Except for licensing and other regulatory fees, fees and charges may not exceed
the “actual cost” of providing the product or service for which the fee is charged.
“Actual cost” is the “minimum amount necessary.” The burden to prove the fee or
charge does not exceed “actual cost” is changed to “clear and convincing”
evidence. Current law requires that these charges not exceed the “reasonable
cost” of providing the related service or activity, to be proven “by a
preponderance of the evidence”. This would likely increase the number of
challenges to fees which would require significant city staff time and could
significantly increase the City’s legal fees. It may likely result in a reduction in
service delivery as well if fees could not be established to cover reasonable
costs.
• Requires fees and charges paid for the use of local and state government
property and the amount paid to purchase or rent government property must be
“reasonable.” These fees and charges are currently allowed to be market-based.
Whether the amount is “reasonable” (introducing a new legal standard aiming to
force below market fee and charge amounts) must be proved by “clear and
convincing evidence.” The new standard may significantly reduce the amount
large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and
other corporations) will pay for the use of local public property and may again
significantly increase the City’s legal costs.
• No fee or charge or exaction regulating vehicle miles traveled (“VMT”) can be
imposed as a condition of property development or occupancy. This would mean
that VMT, the official measure for evaluating greenhouse gas emissions under
CEQA, could no longer be mitigated via payment of a fee. This would likely
impact the ability for new development projects to move forward, as VMT would
Page 59 of 74
ITEM NUMBER: C-1
DATE: 03/12/24
either be mitigated solely through improvements and programs or declared
unmitigable. Because of the impracticability of mitigation solely through
improvements and programs, permitting jurisdictions would likely be forced to
declare these impacts unmitigable and issue a CEQA Statement of Overriding
Considerations. This introduces additional risk and uncertainty to the
development process, potentially creating barriers to new development, including
critical housing.
Fines and Penalties
• May require voter approval of fines, penalties, and levies for corporations and
property owners that violate state and local laws unless a new, undefined
adjudicatory process is used to impose the fines and penalties.
Local Government Impacts
Fees and Taxes
Local governments levy a variety of fees and other charges to provide core public
services. Major examples of affected fees and charges are:
• Nuisance abatement charges, such as for weed, rubbish, and general nuisance
abatement to fund community safety, code enforcement, and neighborhood
cleanup programs.
• Commercial franchise fees.
• Emergency response fees, such as in connection with DUI.
• Advanced Life Support (ALS) transport charges.
• Document processing and duplication fees.
• Facility use charges, fees for parks and recreation services, classes, or activities.
Virtually every city, county, and special district must regularly (e.g., annually) adopt
increases to fee rates and charges and revise rate schedules to accommodate new
users and activities and to absorb direct costs being charged related to the provision of
services such as fuel, costs of goods, etc. Most of these would be subject to new
standards and limitations under threat of legal challenge. Based on the current volume
of fees and charges imposed by local agencies, including council-adopted increases to
simply accommodate inflation, League of California Cities estimates the amount of local
government fee and charge revenue at risk is approximately $2 billion per year including
those adopted since January 1, 2022. Over ten years, $20 billion of local government
fee and charge revenues will be at heightened legal peril.
Hundreds of local tax measures were approved in 2022 that likely do not comply with
the provisions of the initiative. Nearly $2 billion of annual revenues from these voter-
approved measures will cease a year after the effective date of the measure, reducing
the local public services funded by these measures, unless the tax is re-submitted for
voter approval. To be clear, if measure F-14 were placed on the ballot to be extended
and it was passed by voters, an election would again need to take place following these
new restrictive rules even though voters had already cast votes.
Page 60 of 74
ITEM NUMBER: C-1
DATE: 03/12/24
Reductions on local government tax revenues have impacts on core services and
infrastructure including fire and emergency response, law enforcement, streets and
roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable
housing, homelessness prevention, and mental health services.
For example, in 2020, Atascadero voters approved Measure D-20, a one-cent sales tax
increase to help fund essential City services such as public safety, and aging
infrastructure improvements. Measure D-20 passed with 58.6 percent of voters saying
yes. Under the proposed initiative, Measure D-20 would not have passed. A sunset date
for collecting these critical funds would have also been required, limiting the City’s ability
to rely on these funds for ongoing expenses and personnel costs.
Fines and Penalties
Under existing law, cities are required to provide due process before imposing a penalty
or fine for violation of its municipal code:
1. A local agency must adopt administrative procedures that govern imposing fines
and penalties, including providing a reasonable period of time for a person
responsible for a violation to correct or remedy the violation [Gov't Code
53069.4].
2. Notice must be given to the violating party before imposing the penalty; and give
the party an opportunity to be heard and present any facts or arguments [Merco
Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d
154, 166].
3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].
The initiative converts administratively imposed fines and penalties into taxes unless a
new, undefined, and ambiguous “adjudicatory due process” is followed. This provision
jeopardizes the City’s current authority to impose fines and penalties for violations of
state and local law.
Conclusion
As discussed, if approved, this measure could lead to lower annual state and local
revenues, potentially substantially lower, by making it more difficult to recover costs
through fees and generate revenue for critical government services through voter-
approved tax measures. The League of California Cities, along with a broad coalition of
local governments, labor and public safety leaders, infrastructure advocates, and
businesses, strongly opposes this initiative.
Additionally, the initiative conflicts with the City Legislative Platform’s priority policy
areas of “Infrastructure Funding” and “Maintaining Local Control.” This is most evident
under the City’s Government Administration & Budget/Finance Policy Statement which
is to protect and secure local authority and revenue sources to preserve existing
infrastructure and community programs.
Page 61 of 74
ITEM NUMBER: C-1
DATE: 03/12/24
The ability to offset these program expenses through fees and charges allows the City
to allocate general discretionary funds to Council. Reduced cost recovery would, in turn,
lead directly to a reduction in services levels in areas that are currently revenues offset
(e.g., facility rentals, recreational programming, development permitting and
inspections, etc.). Likely results are reduced community services and programs,
reduced development services staffing resulting in additional permitting and inspection
delays, and a potential loss of sales tax revenue for important infrastructure
improvements such as road maintenance and rehabilitation, to name a few.
In addition to severely limiting the City’s ability to continue its current model of effective
and appropriate cost recovery, any future tax measures put forward by the City would
be subject to increased approval thresholds and reduced transparency for voters. Any
tax measure approved would be subject to new sunset requirements, severely limiting
the ability of the City to rely on those dollars for ongoing costs. Further, any tax measure
approved by the voters after January 1, 2022 (and prior to the effective date of the
initiative) that does not comply with the requirements of the initiative would have to be
readopted in compliance. Failure to readopt a tax measure in compliance with the
initiative would result in voiding of the original tax measure, one year after the effective
date of the initiative. Given that these tax measures were approved by the voters under
then applicable laws, forcing an additional vote under new standards does not enhance
democracy, it undermines it.
For these reasons, staff recommends adopting the Draft Resolution to oppose Initiative
No. 21-0042A1.
FISCAL IMPACT:
There is no current fiscal impact. The Taxpayer Protection and Government
Accountability Act will take billions of dollars away from local government services
statewide.
If approved by the voters, the initiative would significantly limit the City’s ability to
recover costs incurred providing necessary and in-demand public services. In addition
to severely limiting the City’s ability to continue its current model of effective and
appropriate cost recovery, any future tax measures put forward by the City would be
subject to increased approval thresholds and reduced transparency for voters.
ATTACHMENTS:
1. Draft Resolution
2. Initiative No. 21-0042A1
Page 62 of 74
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
03/12/24
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, OPPOSING BALLOT INITIATIVE
NO. 21-0042A1 “TAXPAYER PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT.”
WHEREAS, an association representing California’s wealthiest corporations and
developers is spending millions of dollars to promote a deceptive ballot measure currently eligible
for the November 2024 statewide ballot, Initiative No. 21-0042A1; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to
pay far less than their fair share for the impacts they have on our communities, which could force
residents and taxpayers to pay more to maintain services; and
WHEREAS, the measure puts billions of dollars currently dedicated to local government
services at risk and could force cuts to fire and emergency response, law enforcement, public
health, parks, libraries, affordable housing, services to support homeless residents, mental health
services, and more; and
WHEREAS, reduced cost recovery in Atascadero, specifically, would lead directly to a
reduction in service levels in areas that are currently revenue-offset by cost recovery, likely
resulting in reduced community services and programs, reduced development services staffing
resulting in additional permitting and inspection delays, and a potential loss of sales tax revenue
for important infrastructure improvements such as road maintenance and rehabilitation; and
WHEREAS, the measure includes provisions that would make it more difficult for local
voters to pass measures needed to fund local services and infrastructure, provisions that
retroactively cancel measures recently passed by voters, and would limit voter input by prohibiting
local advisory measures where voters provide direction on how they want their local tax dollars
spent; and
WHEREAS, the measure would make it much more difficult for state and local regulators
to issue fines and levies on corporations that violate laws intended to protect our environment,
public health and safety, and our neighborhoods; and
WHEREAS, the measure contains intentionally vague language that will encourage
frivolous lawsuits against cities and local governments – costing taxpayers millions of dollars and
blocking investments in vital local services, development, and long-term planning; and
WHEREAS, the measure is opposed by hundreds of local governments, teachers,
firefighters, working families and local elected officials.
Page 63 of 74
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
03/12/24
1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ATASCADERO:
SECTION 1. The City Council opposes Initiative #21-0042A1, the Taxpayer Protection
and Government Accountability Act.
SECTION 2. The City Council will join the “Stop the Corporate Tax Trick” coalition, a
growing coalition of public safety, education, labor, local government, and infrastructure groups
throughout the state.
SECTION 3. The City Manager is directed to submit a copy of this Resolution, opposing
Initiative No. 21-0042A1, to the League of California Cities.
PASSED AND ADOPTED at a regular scheduled meeting of the City Council held on the
______th day of __________ 2024.
On motion by ____________ and seconded by ____________, the foregoing Resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO:
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
Page 64 of 74
BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APITO L MALL, S UITE 600
SACRAMENTO, CALIFOE=INIA 95014
(916) 44;a-7757
FAX [916) 44-;a-77 59
www.bmhlaw.com
January 4, 2022
2 1 -0 0 4 2
RECEI VED
JAN O 4 2022
Office of the Attorney General
State of California
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 -Amendment Number One
Dear Initiative Coordinator:
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please
find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and
Government Accountability Act." The amendments are reasonably germane to the
theme, purpose or subject of the initiative measure as originally proposed.
I am the proponent of the measure and request that the Attorney General
prepare a circulating title and summary of the measure as provided by law, using the
amended language.
Thank you for your time and attention processing my request.
Sincerely,
~~
Thomas W. Hiltachk
ITEM NUMBER: C-1
DATE: 03/12/24
ATTACHMENT: 2
Page 65 of 74
2 1 -0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act
[Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.]
Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability
Act.
Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline
tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest
in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state
politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes
and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions
more in hidden "fees" passed through to consumers in the price they pay for products, services, food,
fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than
doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and
homelessness, they are the pushing working families and job-providing businesses out of the state. The
most recent Census showed that California's population dropped for the first time in history, costing us a
seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not
counting thousands more small businesses that were forced to move, sell or close.
(d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes
and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what
passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These
measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition
26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and
accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the
courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court
decisions.
Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes
by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees
and other charges are passed or rejected by the voters themselves or a governing body elected by voters
and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency
and accountability over higher taxes and charges by requiring any tax measure placed on the ballot-
1
ITEM NUMBER: C-1
DATE: 03/12/24
ATTACHMENT: 2
Page 66 of 74
either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect,
and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new
or increased form of state government revenue, by any name or manner of extraction paid directly or
indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the
Governor to ensure that the purposes for such charges are broadly supported and transparently debated.
(d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that
taxpayers have the right and ability to effectively balance new or increased taxes and other charges with
the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy,
healthcare, education, and other basic costs of living, and to further protect the existing constitutional
limit on property taxes and ensure that the revenue from such taxes remains local, without changing or
superseding existing constitutional provisions contained in Section 1{c) of Article XIII A.
(e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two-
thirds vote and voter approval requirements for government revenue increases created by the courts
including, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources
Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.
Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.
Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:
Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt
charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must
be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses
of the Legislature, and submitted to the electorate and approved by a maiority vote, except that no new
ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be
imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected
to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.
If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that
the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate,
stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a
separate act that is passed by not less than two-thirds of all members elected to each of the two houses
of the Legislature and submitted to the electorate and approved by a maiority vote.
(2) The title and summary and ballot label or question required for a measure pursuant to the Elections
Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an
elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2
ITEM NUMBER: C-1
DATE: 03/12/24
ATTACHMENT: 2
Page 67 of 74
(CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be
imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of
exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.
Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction
of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not
1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring
the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the
payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs
to the State of providing the service or product to the payor.
f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and
permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and
the administrative enforcement and adjudication thereof.
(3) A levy, charge. or exaction collected from local units of government. health care providers or health
care service plans that is primarily used by the State of California for the purposes of increasing
reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily
used to finance the non-federal portion of Medi-Cal medical assistance expenditures.
(4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease
of state property, except charges governed by Section 15 of Article XI.
(5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot
imposed by the judicial branch of government or the State, as a result of a state administrative
enforcement agency pursuant to adiudicatorv due process, to punish a violation of law.
(6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to
Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code.
flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this
act, that was not adopted in compliance with the requirements of this section is void 12 months after the
effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into
law ey tl:ie <iio¥ernoF in compliance with the requirements of this section.
[gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence
that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of
proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that
the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t
tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane
3
ITEM NUMBER: C-1
DATE: 03/12/24
ATTACHMENT: 2
Page 68 of 74
that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the
13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'(
(2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction
of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction
is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange
for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the
levy, charge, or exaction is a tax or an exempt charge.
/4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether
the levy, charge, or exaction is a tax or exempt charge.
(h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse
the government for the cost of providing the service or product to the payor, and {ii) where the amount
charged is not used by the government for any purpose other than reimbursing that cost. In computing
"actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue
including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to
provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt
charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new
territory or class ofpayor, or expanding the base to which its rate is applied.
(3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend.
(4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order.
state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted,
enacted. enforced, issued, or implemented by the legislative or executive branches of state government.
"State law" does not include actions taken by the Regents of the University of California, Trustees of the
California State University, or the Board of Governors of the California Community Colleges.
Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:
Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse
the government for the cost of providing the service or product to the payor. and {ii) where the amount
charged is not used by the government for any purpose other than reimbursing that cost. In computing
"actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue
including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to
provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge,
or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration.
expanding its application to a new territory or class of payor, or expanding the base to which its rate is
applied.
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.lfl..W 11General tax" means any tax imposed for general governmental purposes.
(d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend.
{clJb} "Local government" means any county, city, city and county, including a charter city or county, any
special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or
the initiative power provided by a charter or statute.
(f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter,
or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local
government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for
the local performance of governmental or proprietary functions with limited geographic boundaries
including, but not limited to, school districts and redevelopment agencies.
f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific
purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction
of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot
pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt
of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly
to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual
costs to the local government of providing the service or product.
fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and
permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and
the administrative enforcement and adjudication thereof.
W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase,
rental, or lease of local government property.
Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment
thereat imposed by the judicial branch of government or a local government administrative enforcement
agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law.
ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating
or related to vehicle miles traveled may be imposed as a condition of property development or occupancy.
f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l
the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing
district, a parking and business improvement area, or a property and business improvement district.
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(7) A charge imposed for a specific health care service provided directly to the payor and that is not
provided to those not charged. and which does not exceed the reasonable costs to the local government
of providing the health care service. As used in this paragraph, a "health care service" means a service
licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health
and Safety Code.
The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge,
or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of
the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or
reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.
Section 6. Section 2 of Article XIII C of the California Constitution is amended to read:
Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All
taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special
purpose districts or agencies, including school districts, shall have no power to levy general taxes.
(b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose,
extend, or increase any general tax unless and until that tax is submitted to the electorate and approved
by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not
higher than the maximum rate so approved. The election required by this subdivision shall be consolidated
with a regularly scheduled general election for members of the governing body of the local government,
except in cases of emergency declared by a unanimous vote of the governing body.
(c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on
or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only
if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i
election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with
slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector.
may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate
and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is
imposed at a rate not higher than the maximum rate so approved.
{d) The title and summary and ballot label or question required for a measure pursuant to the Elections
Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general
government use" shall be required, and no advisory measure may appear on the same ballot that would
indicate that the revenue from the general tax will. could. or should be used for a specific purpose.
(e) Only the governing body of a local government. other than an elector pursuant to Article II or the
initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.
The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge
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as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the
governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of
Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt
charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter
hereafter submitted to or approved by the electors become effective for any purpose.
(q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that
was not adopted in compliance with the requirements of this section is void 12 months after the effective
date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this
section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy,
charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving
by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount
charged does not exceed the actual cost of providing the service or product to the payor.
(2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction
of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or
exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in
exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining
whether the levy, charge, or exaction is a tax or an exempt charge.
(4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether
the levy, charge, or exaction is a tax or exempt charge.
Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:
Sec. 3. Property Taxes, Assessments, Fees and Charges Limited
(a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv,
shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property
ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section
1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b)
Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4
of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities
district by the Legislature pursuant to statute as it existed on December 31, 2021.
(3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article.
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(b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed
charges or fees imposed as an incident of property ownership.
Section 8. Sections 1 and 14 of Article XIII are amended to read:
Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value
standard other than fair market value is prescribed by this Constitution or by statute authorized by this
Constitution, the same percentage shall be applied to determine the assessed value. The value to which
the percentage is applied, whether it be the fair market value or not, shall be known for property tax
purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value.
(c) All proceeds from the taxation of property shall be apportioned according to law to the districts within
the counties.
Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district
in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall
be apportioned according to law to the districts within the counties.
Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.
B. (1) In the event that this initiative measure and another initiative measure or measures relating to state
or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other
revenue measures shall appear on the same statewide election ballot, the other initiative measure or
measures shall be deemed to be in conflict with this measure. In the event that this initiative measure
receives a greater number of affirmative votes, the provisions of this measure shall prevail in their
entirety, and the provisions ofthe other initiative measure or measures shall be null and void.
(2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the
provisions of the "Housing Affordability and Tax Cut Act of 2022" and "The Tax Cut and Housing
Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain
real property, and where the revenue derived from the tax is provided to the State, rather than retained
in the county in which the property is situated and for the use of the county and cities and districts within
the county, in direct violation of the provisions of this initiative.
(3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other
conflicting initiative measure approved by the voters at the same election, and such conflicting initiative
is later held invalid, this measure shall be self-executing and given full force and effect.
C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause,
sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any
court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this
Act. The People of the State of California hereby declare that they would have adopted this Act and each
and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not
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declared invalid or unconstitutional without regard to whether any portion of this Act or application
thereof would be subsequently declared invalid.
D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal
challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse
to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the
Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully
and vigorously defend this Act on behalf of the State of California.
(2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise
due diligence in determining the qualifications of independent counsel and shall obtain written
affirmation from independent counsel that independent counsel will faithfully and vigorously defend this
Act. The written affirmation shall be made publicly available upon request.
(3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard
to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully
and vigorously defend this Act on behalf of the State of California.
(4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association,
from intervening to defend this Act.
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