HomeMy WebLinkAboutCC_2024_12_10_Amended Agenda Packet CITY OF ATASCADERO CITY COUNCIL AMENDED AGENDA
MEETING INFORMATION:
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resolving reasonable accommodation requests.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in
any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts),
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than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor,
or any financially interested participant who actively supports or opposes the City’s decision on the agenda
item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or
their agents who have made, campaign contributions totaling more than $250 to a City Council Member since
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must include the amount of the campaign contribution and identify the recipient City Council Member and may
be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.
City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org/agendas
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda
are on file in the office of the City Clerk and are available for public inspection on our website,
www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are
approved by the City Council. The Minutes of this meeting will reflect these numbers. All documents submitted
by the public during Council meetings that are made a part of the record or referred to in their statement will
be noted in the Minutes and available for review by contacting the City Clerk's office. All documents will be
available for public inspection by appointment during City Hall business hours.
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CITY OF ATASCADERO
CITY COUNCIL
AMENDED AGENDA
Tuesday, December 10, 2024
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Bourbeau
ROLL CALL: Mayor Moreno
Mayor Pro Tem Funk
Council Member Bourbeau
Council Member Dariz
Council Member Newsom
A. CONSENT CALENDAR: (All items on the consent calendar are considered routine and
non-controversial by City staff and will be acted upon by a single action of the City Council
unless otherwise requested by an individual Council Member for separate consideration.
Public comment on Consent Calendar items will be invited prior to action on the
Calendar.)
1. City Council Draft Minutes – November 12, 2024, Regular Meeting and
December 2, 2024 Special Meeting
▪ Recommendation: Council approve the November 12, 2024, City Council
Regular Meeting Minutes and the December 2, 2024, City Council Special
Meeting Minutes. [City Clerk]
2. City Council 2025 Meeting Schedule
▪ Fiscal Impact: None
▪ Recommendation: Council approve the 2025, Atascadero City Council
Meeting schedule. [City Clerk]
City Council Regular Session: 6:00 P.M.
City Council Closed Session: Immediately following
conclusion of
City Council
Regular Session
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3. Reciting the Fact of the November 5, 2024 General Municipal Election
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt the Draft Resolution, reciting the fact of the
General Municipal Election held on November 5, 2024, declaring the result
and such other matters as provided by law. [City Clerk]
4. Notice of Treasurer Resignation
▪ Fiscal Impact: None
▪ Recommendation: Council receive and file notice of resignation by City
Treasurer, Gere Sibbach, effective December 10, 2024 [City Clerk]
5. October 2024 Accounts Payable and Payroll
▪ Fiscal Impact: $4,985,009.98
▪ Recommendation: Council approve certified accounts payable, payroll and
payroll vendor checks for October 2024 [Administrative Services]
6. September 2024 Investment Report
▪ Fiscal Impact: None
▪ Recommendation: Council receive and file the City Treasurer's report for
quarter ending September 30, 2024 [Administrative Services]
7. 2nd Reading - Newton Development Agreement (DEV24-0075) Ordinance
▪ Fiscal Impact: None
▪ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance to approve a Development Agreement between Scott Newton and
the City of Atascadero, amend Title 9 to establish development agreement
overlay zone DA1, and amend the official zoning map to establish DA1 on the
subject property, and certify the proposed Mitigated Negative Declaration
prepared for the properties located at 11450 Viejo Camino and 11505 El
Camino Real [Community Development]
8. 2nd Reading - Emergency Shelter Overlay Zone Amendment (ECHO
Expansion Project)
▪ Fiscal Impact: None
▪ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance amending Atascadero Municipal Code Title 9 Chapter 3 Article 23
ES (Emergency Shelter) Overlay Zone text to allow for an expansion of an
existing shelter and programs located at 6370 Atascadero Avenue
[Community Development]
9. 2nd Reading - CEQA Thresholds Ordinance (ZCH23-0061)
▪ Fiscal Impact: It is intended that the proposed code amendments will reduce
staff time, resulting in nominal cost savings to both staff and applicants within
the development review process.
▪ Recommendation: Council:
1.Adopt on second reading, by title only, Draft Ordinance A to amend Title 9
(Planning and Zoning Code) to adopt discretionary review thresholds and
standards for hillsides, historic and archaeological resources, and watercourse
adjacent areas; and
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2. Adopt on second reading, by title only, Draft Ordinance B to approve a
Zoning Map Amendment to remove the Historic Site (HS) Overlay Zone from
certain properties containing colony homes and apply the Historical Site (HS)
Overlay Zone to State and Federally registered historic resources. [Community
Development]
10. Essential Services Transactions and Use Tax Contracting with the State of
California
▪ Fiscal Impact: The sales tax measure will generate an estimated $3 million in
annual revenue. While the CDTFA cannot provide an estimate for the
Preparatory Fee, staff anticipates costs being between $5,000 -$40,000, and
the on-going State administrative costs will be 0.57% of the revenue received
from the tax increase. HdL will charge a $100 mo nthly fee for the review and
analysis services that will be paid from the General Fund, and 25% of the initial
amount of new transactions or use tax revenue received by the City as a result
of audit and recovery work performed by HdL. However, revenue wil l be
received that otherwise would not have been realized, through the audit
services that HdL will provide to the City, offsetting the costs.
▪ Recommendation: Council:
1. Adopt Draft Resolution A authorizing the City Manager to execute
agreements with the California Department of Tax and Fee Administration for
implementation of a local transactions and use tax.
2. Adopt Draft Resolution B authorizing representatives of the City of
Atascadero to examine confidential transactions and use tax records of the
California Department of Tax and Fee Administration (CDTFA) pertaining to
transactions and use taxes collected by the CDTFA for the City of Atascadero.
3. Authorize the City Manager to enter into a contract with Hinderliter, De
Llamas and Associates for transactions tax audit and information services
related to the Measure L-24 Sales Tax Revenue. [Administrative Services]
B. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their
own activities. The following represent standing committees. Informative status
reports will be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Regional Economic Action Coalition (REACH)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
Council Member Bourbeau
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
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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
PRESENTATIONS:
1. Presentations recognizing outgoing Mayor Heather Moreno and Treasurer
Gere Sibbach
OATHS OF OFFICE:
1. Administration of Oaths of Office
Swearing in of Mayor Charles Bourbeau and Council Members Mark Dariz and
Seth Peek
RECESS: The Mayor will call a recess for the City Council reception.
RECONVENE: The Mayor will reconvene the City Council at the conclusion of the
City Council reception.
CITY COUNCIL REORGANIZATION:
1. Council Appointment of Mayor Pro Tem.
▪ Accept nominations from the Council Members and appoint a Mayor Pro Tem
for a two-year term ending December 2026.
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation. Comments made during Community Forum will not be a
subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Any members of the public who have questions or need
information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00
p.m. at (805) 470-3400, or cityclerk@atascadero.org.)
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C. PUBLIC HEARINGS:
1. Atascadero Tourism Business Improvement District (ATBID) Assessment
▪ Fiscal Impact: Should there be insufficient protests from the lodging owners to
be assessed, and should the ordinance go into effect, additional ATBID
revenues in an estimated amount of $46,500 through June 30, 2025, will be
collected.
▪ Recommendation: Council:
1. Conduct a Public Hearing to receive all written and verbal protest votes from
lodging owners.
2. For a non-majority (less than 50%) protest, Council to conduct the second
reading of the Draft ATBID Assessment Increase Ordinance amending Title
3, Chapter 16, section 3-16.04, changing the assessment rate under Streets
and Highways Code Section 36541(a) for lodging businesses within the
Atascadero Tourism Business Improvement District from 2% to 2.5%
beginning early January 2025. OR
3. If a majority protest exists (over 50%), do not conduct second reading of the
Draft ATBID Assessment Increase Ordinance; the ATBID Assessment stays
at 2%. [Community Services and Promotions]
D. MANAGEMENT REPORTS:
1. Consideration of Action to Fill the Vacant Treasurer Position Arising From
Former Treasurer Gere Sibbach’s Resignation
▪ Fiscal Impact: Unknown. Staff estimates the cost for a City run, stand -alone
election to be at least $500,000. If the City Council chooses to appoint a
successor, there would be no significant additional expenses.
▪ Recommendation: Discussion and consideration of whether to fill the City
Treasurer vacancy by appointment of an eligible elector or by calling for a
special election to fill the vacancy [City Clerk]
E. COMMITTEE REPORTS: (The newly elected Mayor will assign Council Members to
standing committees)
F. 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 CITY COUNCIL CLOSED SESSION
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CITY COUNCIL CLOSED SESSION:
1. CLOSED SESSION — PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION — CALL TO ORDER
a. Conference with Legal Counsel – Anticipated Litigation
Significant (Government Code Sec. 54956.9(d)(4) – one potential case
4. CLOSED SESSION — ADJOURNMENT
Announcement(s) of any reportable action(s) taken in Closed Session that occur(s) after the
recess of Regular Session will be made at the beginning of the next Regular City Council meeting
as Closed Session is not recorded or videotaped.
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12/10/24 | Item A1 | Attachment 1
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, November 12, 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 6:00 P.M. and Mayor Pro Tem Funk led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Bourbeau, Dariz, Newson, Mayor Pro Tem Funk, and
Mayor Moreno
Absent: None
Others Present: None
Staff Present: City Manager Jim Lewis, Assistant City Attorney Craig Steele, Police
Chief Dan Suttles, Fire Chief Casey Bryson, Public Works Director Nick
DeBar, Public Works Analyst Ryan Betz, Community Development
Director Phil Dunsmore, Planning Manager Kelly Gleason, Community
Services & Promotions Director Terrie Banish, Deputy City Manager – IT
Luke Knight, and Deputy City Clerk Amanda Muther
PRESENTATIONS:
1. Introduction to Central Coast Community Energy (3CE)
Central Coast Community Energy’s Chief Communications Officer, Catherine Stedman,
gave a presentation about the City of Atascadero’s enrollment in 3CE.
A. CONSENT CALENDAR:
1. City Council Draft Minutes – October 22, 2024, Regular Meeting
▪ Recommendation: Council approve the October 22, 2024, City Council
Regular Meeting Minutes. [City Clerk]
City Council Regular Session: 6:00 P.M.
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12/10/24 | Item A1 | Attachment 1
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: None.
Mayor Moreno closed the Public Comment period.
MOTION BY: Bourbeau
SECOND BY: Funk
1. Approve the Consent Calendar.
AYES (5): Bourbeau, Dariz, Newsom, Funk, and Moreno
Passed 5-0
UPDATES FROM THE CITY MANAGER:
City Manager Lewis gave an update on projects and events within the City.
COMMUNITY FORUM:
The following persons spoke during Community Forum: Dave Garley, Geoff Auslen, Austin
Solheim and Wendy Lewis
B. PUBLIC HEARINGS:
1. Emergency Shelter Overlay Zone Amendment (ECHO Expansion Project)
▪ Fiscal Impact: None
▪ Recommendations: Planning Commission recommends Council:
1. Introduce for first reading, by title only, a Draft Ordinance amending Atascadero
Municipal Code Title 9 Chapter 3 Article 23 ES (Emergency Shelter) Overlay Zone text;
2. Adopt a Draft Resolution approving amendments to the Conditional Use Permit
(PLN 2014-1492) and the Operations and Management Plan for the El Camino
Homeless Organization (ECHO) to allow for an expansion of an existing shelter
and programs located at 6370 Atascadero Avenue. [Community Development]
Ex Parte:
Mayor Moreno reported that the City Council had received approximately 15-20 emails
regarding the item, largely in favor and a couple expressing concerns.
Council Member Newsom reported that she had a tour of the ECHO Homeless Shelter, met
with ECHO staff, spoke with citizens regarding emails they sent in, and other residents
regarding noticing with Planning Commission.
Council Member Funk reported attending meetings at ECHO looking at and discussing plans
for the shelter, receiving concerns regarding homelessness as a member of HSOC, and
talking with a few individuals expressing concerns about the project.
Council Member Bourbeau reported that he met with staff at ECHO. He also reported
speaking with Mr. DeCou’s neighboring property owner, School Superintendent Mr. Butler,
and Atascadero Bible Church’s Executive Pastor, Shaun Russell.
Council Member Dariz reported that he met with ECHO staff and went over the plans.
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12/10/24 | Item A1 | Attachment 1
Mayor Moreno reported that she met with ECHO staff and went over the plans and speaking
with a member of the public expressing concerns about the project.
Community Development Director Dunsmore gave the presentation. He and Police Chief
Suttles answered questions from the Council. Austin Solheim and Wendy Lewis of ECHO
also gave presentations and answered questions from the City Council.
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: Jay DeCou, John Sanders, Daniel Reich, Babett
DeCou, Mike Zappas, Kelly Hedley, Lori Ferguson, Linda Valchine, Biz Steinberg, Tom
O’Malley, Andrew Hayes, Kara Woodruff, Geoff Auslen and Max Zappas
Mayor Moreno closed the Public Comment period.
MOTION BY: Funk
SECOND BY: Newsom
1. Approve staff’s recommendations to:
1. Introduce for first reading, by title only, a Draft Ordinance amending Atascadero
Municipal Code Title 9 Chapter 3 Article 23 ES (Emergency Shelter) Overlay Zone
text;
2. Adopt Resolution No. 2024-063 approving amendments to the Conditional Use
Permit (PLN 2014-1492) and the Operations and Management Plan for the El
Camino Homeless Organization (ECHO) to allow for an expansion of an
existing shelter and programs located at 6370 Atascadero Avenue with the
following changes to the Conditions of Approval and the Operations and
Management Plan:
• The maximum on the meal program be 100 persons, occurring effective
on the issuance of the certificate of occupancy for the expanded shelter
services.
• Adding a requirement that ECHO hold at least one (1) neighborhood
meeting each calendar year with City staff and the Police Department for
accountability.
• Amend the shower program language such that, there shall be up to 15
hours of shower availability per week, and the start time shall not be
earlier than 4 P.M. on school days.
AYES (5): Bourbeau, Dariz, Newsom, Funk, and Moreno
Passed 5-0
Deputy City Clerk Muther read the title of the Ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE TITLE 9,
CHAPTER 3, ARTICLE 23 (EMERGENCY SHELTER) OVERLAY ZONE AND
DETERMINING THIS ORDINANCE IS EXEMPT FROM REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
EMERGENCY SHELTER OVERLAY ZONE AMENDMENTS
EL CAMINO HOMELESS ORGANIZATION
(AMND24-0060 & ZCH24-0061)
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12/10/24 | Item A1 | Attachment 1
MOTION BY: Bourbeau
SECOND BY: Funk
2. Direct the City Manager to work with ECHO and City staff on a meaningful public
engagement process and report the results with said process within six (6) months
of the issuance of the building permit.
AYES (5): Bourbeau, Dariz, Newsom, Funk, and Moreno
Passed 5-0
Mayor Moreno recessed the Meeting at 9:06 P.M.
Mayor Moreno reconvened the Meeting with all present at 9:18 P.M.
2. CEQA Thresholds Ordinance (ZCH23-0061)
▪ Fiscal Impact: It is intended that the proposed code amendments will reduce staff
time, resulting in nominal cost savings to both staff and applicants within the
development review process.
▪ Recommendations: Planning Commission recommends Council:
1. Introduce for first reading, by title only, Draft Ordinance A to amend Title 9
(Planning and Zoning Code) to adopt discretionary review thresholds and
standards for hillsides, historic and archaeological resources, and watercourse
adjacent areas; and
2. Introduce for first reading, by title only, Draft Ordinance B to approve a Zoning
Map Amendment to remove the Historic Site (HS) Overlay Zone from certain
properties containing colony homes and apply the Historical Site (HS) Overlay
Zone to State and Federally registered historic resources; and
3. Adopt Draft Resolution adopting a generalized local historic resources list.
[Community Development]
Ex Parte: None.
Community Development Director Dunsmore, Planning Manager Gleason and MIG
Consultant Genevieve Sharrow, gave the presentation and answered questions from the
City Council. Public Works Director DeBar also answered questions from the Council.
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: Audrey Taub
Mayor Moreno closed the Public Comment period.
MOTION BY: Bourbeau
SECOND BY: Funk
1. Approve the Planning Commission’s recommendation, as is, including the 12,500
foot limit regarding the hillside portion and introducing for first reading, by title
only, Draft Ordinances A and B and Resolution No. 2024-064 adopting a
generalized local historic resources list.
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12/10/24 | Item A1 | Attachment 1
Deputy City Clerk Muther read the titles of the Ordinances:
DRAFT ORDINANCE A
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,
AMENDING TITLE 9: PLANNING & ZONING, TO ADOPT DISCRETIONARY REVIEW
THRESHOLDS AND STANDARDS FOR HILLSIDES, HISTORIC AND
ARCHAEOLOGICAL RESOURCES, AND WATERCOURSE ADJACENT AREAS
DISCRETIONARY REVIEW THRESHOLDS AND STANDARDS
(ZCH23-0061)
DRAFT ORDINANCE B
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING A ZONING MAP AMENDMENT TO REMOVE THE HISTORIC SITE
(HS) OVERLAY ZONE FROM CERTAIN PROPERTIES CONTAINING COLONY
HOMES AND APPLY THE HISTORIC SITE (HS) OVERLAY TO STATE AND
FEDERALLY REGISTERED HISTORIC RESOURCES
HISTORIC SITE OVERLAY ZONING MAP AMENDMENTS
(ZCH-0061)
AYES (5): Bourbeau, Dariz, Newsom, Funk, and Moreno
Passed 5-0
3. 2025 Community Development Block Grant Draft Recommendations
▪ Fiscal Impact: Approval of Atascadero’s total 2025 CDBG allocation would result in
the estimated revenue and expenditure of $146,534 of CDBG funds.
▪ Recommendation: Council develop and adopt draft recommendations for the 2025
Community Development Block Grant (CDBG) funds. [Public Works]
Ex Parte: None.
Public Works Analyst Betz gave the presentation and answered questions from the City
Council. Public Works Director DeBar and Community Services and Promotions Director
Banish also answered questions from the Council.
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: Geoff Auslen and Austin Solheim
Mayor Moreno closed the Public Comment period.
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12/10/24 | Item A1 | Attachment 1
MOTION BY: Bourbeau
SECOND BY: Newsom
1. Adopt the following recommendations for the 2025 Community Development
Block Grant (CDBG) funds:
Sidewalk & Accessibility Improvements Project $ 95,248.00
City of Atascadero – Youth Scholarships $ 12,520.00
El Camino Homeless Organization $ 9,460.00
City Program Administration Costs $ 10,257.00
County Program Administration Costs $ 19,049.00
TOTAL 2025: $146,534.00
AYES (5): Bourbeau, Dariz, Newsom, Funk, and Moreno
Passed 5-0
The Mayor asked for a motion to go past 11 P.M. before moving on to the next item on the
agenda.
MOTION BY: Bourbeau
SECOND BY: Newsom
1. Approve continuing the City Council Meeting beyond 11 P.M.
AYES (5): Bourbeau, Dariz, Newsom, Funk, and Moreno
Passed 5-0
C. MANAGEMENT REPORTS:
1. General Plan Update – Policy Discussion
▪ Fiscal Impact: None
▪ Recommendation: Council receive an update on the General Plan Update project,
provide direction to staff on policy questions, and inform the Council and
Community of next steps. [Community Development]
Community Development Director Dunsmore, Planning Manager Gleason and MIG
Consultant Dan Amsden gave the presentation and answered questions from the City
Council. City Manager Lewis and Public Works Director DeBar also commented on the item.
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: Dave Garley and Ranel Porter
Mayor Moreno closed the Public Comment period.
Council received the update on the General Plan Update project and
provided staff with direction on policy questions.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: None.
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12/10/24 | Item A1 | Attachment 1
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None.
ADJOURNMENT:
Mayor Moreno adjourned the meeting at 12:08 A.M.
MINUTES PREPARED BY:
______________________________________
Amanda Muther
Deputy City Clerk
APPROVED:
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12/10/24 | Item A1 | Attachment 2
CITY OF ATASCADERO
CITY COUNCIL
SPECIAL MEETING
DRAFT MINUTES
Monday, December 2, 2024
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
SPECIAL SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:00 P.M.
ROLL CALL:
Present: Council Members Bourbeau, Dariz, Newson, Mayor Pro Tem Funk, and
Mayor Moreno
Absent: None
Others Present: None
Staff Present: City Manager Jim Lewis, Deputy City Manager/City Clerk Lara
Christensen, Administrative Services Director Jeri Rangel, Community
Development Director Phil Dunsmore, Community Services &
Promotions Director Terrie Banish, Fire Chief Casey Bryson, Police Chief
Dan Suttles, Public Works Director Nick DeBar, Deputy City Manager –
IT Luke Knight, and Planning Manager Kelly Gleason
A. PUBLIC HEARINGS:
1. Newton Development Agreement (DEV24-0075)
▪ Fiscal Impact: None
▪ Recommendation: Planning Commission recommends Council:
Introduce for first reading, by title only, Draft Ordinance to approve a
Development Agreement between Scott Newton and the City of Atascadero,
City Council Special Session: 6:00 P.M.
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12/10/24 | Item A1 | Attachment 2
amend Title 9 to establish development agreement overlay zone DA1, and
amend the official zoning map to establish DA1 on the subject property, and
certify the proposed Mitigated Negative Declaration prepared for the properties
located at 11450 Viejo Camino and 11505 El Camino Real. [Community
Development]
Ex Parte: None.
Community Development Director Dunsmore and Planning Manager Kelly Gleason gave
the presentation and answered questions from the City Council. City Attorney Fleishman
and City Manager Lewis also answered questions from the Council.
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: Geoff Auslen
Mayor Moreno closed the Public Comment period.
MOTION BY: Funk
SECOND BY: Newsom
1. Approve the Planning Commission’s recommendation to introduce for first
reading, by title only, Draft Ordinance to approve a Development Agreement
between Scott Newton and the City of Atascadero, amend Title 9 to establish
development agreement overlay zone DA1, and amend the official zoning map
to establish DA1 on the subject property, and certify the proposed Mitigated
Negative Declaration prepared for the properties located at 11450 Viejo Camino
and 11505 El Camino Real with the addition of the two Whereas statements as
noted by the City Attorney.
AYES (5): Bourbeau, Dariz, Newsom, Funk, and Moreno
Passed 5-0
2. Ordinance Increasing the Atascadero Tourism Business Improvement
District (ATBID) Assessment from 2% to 2.5%
▪ Fiscal Impact: Should there be insufficient protests from the businesses to be
assessed, and should the ordinance go into effect, additional ATBID revenues
in an estimated amount of $46,500 through June 30, 2025.
▪ Recommendation: Council conduct the first reading of the Draft ATBID
Assessment Increase Ordinance amending Title 3, Chapter 16, section 3 -
16.04, changing the assessment rate under Streets and Highways Code
Section 36541(a) for lodging businesses within the Atascadero Tourism
Business Improvement District from 2% to 2.5% for the remainder of FY 2024 -
2025 and setting a public hearing for the second reading of the Ordinance on
December 10, 2024. [Community Services and Promotions]
Ex Parte:
Mayor Moreno reported speaking with Friends of the Zoo board members as well as City
staff. No other Council Members had anything to report.
15 of 168
12/10/24 | Item A1 | Attachment 2
Community Services Director Banish gave the presentation and answered questions from
the City Council.
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: None
Mayor Moreno closed the Public Comment period.
MOTION BY: Bourbeau
SECOND BY: Funk
1. Introduce for first reading, by title only, the Draft ATBID Assessment Increase
Ordinance amending Title 3, Chapter 16, section 3 -16.04, changing the
assessment rate under Streets and Highways Code Section 36541(a) for lodging
businesses within the Atascadero Tourism Business Improvement District
from 2% to 2.5% for the remainder of FY 2024-2025 and setting a public hearing
for the second reading of the Ordinance on December 10, 2024.
AYES (5): Bourbeau, Dariz, Newsom, Funk, and Moreno
Passed 5-0
ADJOURNMENT:
Mayor Moreno adjourned the meeting at 6:20 p.m. to the next Regular Session scheduled
for Tuesday, December 12, 2024, at 6:00 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager/City Clerk
APPROVED:
16 of 168
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A2
Department: City Manager
Date: 12/10/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: LARA CHRISTENSEN, DEPUTY CITY MANAGER/CITY CLERK
PREPARED BY: ALYSSA SLATER, ADMINISTRATIVE ASSISTANT
SUBJECT: City Council 2025 Meeting Schedule
RECOMMENDATION:
Council approve the City Council meeting schedule for 2025.
REPORT IN BRIEF:
The City Council, pursuant to Chapter 2, Section 1.01 of the Atascadero Municipal Code,
meets the second and fourth Tuesday of each month. On occasion, the Council will hold
special study sessions and/or joint meetings with one or both of the Commissions on a
fifth Tuesday. Generally, in the summer months, the Council meets once a month and
avoids conflicts with major holidays. Staff has prepared the attached schedule for the
year 2025 to help in the coordination of these meetings with personal schedules. In 2025,
Veteran’s Day falls on the second Tuesday of the month. As such, the regular meeting will not be
held that day. A special meeting will instead be held on Wednesday, November 12 to maintain
meeting continuity.
FISCAL IMPACT:
None.
REVIEWED BY OTHERS:
This item has been reviewed by the Deputy City Manager/City Clerk.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT(S):
1. City Council 2025 Meeting Schedule
17 of 168
12/10/24 | Item A2 | Attachment 1
CITY CLERK’S OFFICE
City of Atascadero
Atascadero City Council 2025 Meeting Schedule
MEETING DATE TYPE OF MEETING
January 14
January 28
Regular
Regular
February 11
February 25
Regular
Regular
March 11
March 25
Regular
Regular
April 8
April 22
Regular
Regular
May 13
May 27
Regular
Regular
June 10
June 24
Regular
Regular
July 8
Regular
August 12
Regular
September 9
September 23
Regular
Regular
October 14
October 28
Regular
Regular
November 12
(next day due to Veterans Day)
Special
December 9
Regular
Meetings are held at 6:00 p.m.
6500 Palma Avenue, Atascadero, CA 93422
(805)470-3400
18 of 168
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A3
Department: City Clerk’s
Office
Date: 12/10/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: LARA CHRISTENSEN, DEPUTY CITY MANAGER/CITY CLERK
PREPARED BY: LARA CHRISTENSEN, DEPUTY CITY MANAGER/CITY CLERK
SUBJECT: Reciting the Fact of the November 5, 2024 General Municipal Election
RECOMMENDATION:
Council adopt the Draft Resolution, reciting the fact of the General Municipal Election held on
November 5, 2024, declaring the result and such other matters as provided by law.
DISCUSSION:
The General Municipal Election was held on November 5, 2024. California Elections Code §10262
states that the City Council shall meet to declare the results of the election upon certification of
results by the County Election Department. The California Elections Code §10262 & 10264 also
states that the Council shall adopt a resolution reciting the fact of the election, including a
statement of the results.
Total voter registration for the City of Atascadero was 20,388, which is 230 more than the total
voter registration for the year 2022. In the final official election results posted by the County of
San Luis Obispo’s Clerk-Recorder’s Office on December 3, 2024, 16,974 registered voters (83.25%)
in the City of Atascadero voted in the November 5, 2024 election.
Atascadero voters were asked to vote for a Mayor, two Council Members and Ballot Measures L-
24 and M-24. The final official results are attached to this report.
FISCAL IMPACT:
None.
19 of 168
12/10/24 | Item A3 | Staff Report
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT(S):
1. Final Official Results
2. Draft Resolution
20 of 168
12/10/24 | Item A3| Attachment 1
City of Atascadero
Office of the City Clerk
FINAL - ELECTION RESULTS
(12/03/2024)
NAME VOTES % of VOTES
ATASCADERO MAYOR
Mayor – Two Year Term
Charles Bourbeau 10,550 100.00%
ATASCADERO CITY COUNCIL
City Council - Four Year Term – 2 seats
Seth Peek 7,835 35.32%
Mark Dariz 7,535 33.96%
Tori Keen 6,816 30.72%
BALLOT MEASURE #L-24 – F-14 Renewal Sales Tax Measure
Yes 10,890 70.68%
No 4,518 29.32%
BALLOT MEASURE #D-20 – Treasurer Measure
No 7,205 50.81%
Yes 6,976 49.19%
THIS IS THE FINAL TOTAL COUNT.
SAN LUIS OBISPO COUNTY CLERK-RECORDER
CERTIFIED THE RESULTS ON DECEMBER 3, 2024, AND
THE NEW OFFICIALS WILL BE SWORN IN AT
THE CITY COUNCIL MEETING ON DECEMBER 10, 2024.
21 of 168
12/10/24 | Item A3| Attachment 2
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO, CALIFORNIA ,
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD ON NOVEMBER 5, 2024, DECLARING THE RESULT
AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of
Atascadero, California, on Tuesday, November 5, 2024, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by
law; that voting precincts were properly established; that election officers were appointed and that
in all respects the election was held and conducted and the votes were cast, received and canvassed
and the returns made and declared in time, form and manner as required by the provisions of the
Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the County Election Department canvassed the returns of the election and
has certified the results to this City Council, the results are received, attached and made a part
hereof as “Exhibit A.”
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. That the whole number of ballots cast in the precincts except vote by mail
voter ballots and provisional ballots was 1,286.
That the whole number of vote by mail voter ballots cast in the City was 15,688, making a
total of 16,974 ballots cast in the City.
SECTION 2. That the names of persons voted for at the election for Mayor are as follows:
Charles Bourbeau
That the names of the persons voted for at the election for Member of the City Council are
as follows:
Mark Dariz, Seth Peek, and Tori Keen
22 of 168
12/10/24 | Item A3| Attachment 2
That the measures voted upon at the election are as follows:
BALLOT MEASURE #L-24
ATASCADERO LOCAL ROADS AND VITAL SERVICES FUNDING
EXTENSION MEASURE. To provide funding that cannot be seized by
Sacramento, and that will be used locally for such things as repair of
neighborhood roads, aging infrastructure along with other vital
general government needs, shall the City extend its current ½ cent
per dollar sales tax (Measure F-14), providing approximately
$3,000,000 annually, until ended by voters; with citizen committee
oversight, published annual reporting and independent financial
audits?
Yes
No
BALLOT MEASURE #M-24
Shall the office of City Treasurer be appointive?
Yes
No
SECTION 3. That the number of votes given at each precinct and the number of votes
given in the City to each of the persons above named for the respective offices for which the
persons were candidates and for and against the measures are as listed in Exhibit “A” attached.
SECTION 4. The City Council does declare and determine that: Charles Bourbeau was
elected as Mayor for the full term of two years; Seth Peek was elected as Member of the City
Council for the full term of four years; and Mark Dariz was elected as Member of the City Council
for the full term of four years.
That as a result of the election, a majority of the voters voting on Measure #L-24 relating
to the extension of a ½ cent per dollar sales tax (Measure F-14) did vote in favor of it, and that the
measure was carried, and shall be deemed adopted and ratified.
That as a result of the election, a majority of the voters voting on Measure #M-24 relating
to the office of the City Treasurer being appointive, did not vote in favor of it, and that the measure
was defeated, and shall not be deemed adopted and ratified.
SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a
statement of the result of the election, showing: (1) The whole number of ballots cast in the City;
(2) The names of the persons voted for; (3) The measures voted upon; (4) For what office each person
was voted for; (5) The number of votes given at each precinct to each person, and for and against
each measure; (6) The total number of votes given to each person, and for and against each measure.
SECTION 6. That the City Clerk shall immediately make and deliver to each of the
persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the
City Clerk shall also administer to each person elected the Oath of Office prescribed in the
23 of 168
12/10/24 | Item A3| Attachment 2
Constitution of the State of California and shall have them subscribe to it and file it in the office
of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective
office to which they have been elected.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 10th day
of December, 2024.
On Motion by Council Member _______________and seconded by Council
Member_______________, the foregoing Resolution was adopted on the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO:
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Dave Fleishman, City Attorney
24 of 168
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A4
Department: City Clerk’s
Office
Date: 12/10/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: LARA CHRISTENSEN, DEPUTY CITY MANAGER/CITY CLERK
PREPARED BY: LARA CHRISTENSEN, DEPUTY CITY MANAGER/CITY CLERK
SUBJECT: Notice of Treasurer Resignation
RECOMMENDATION:
Council receive and file notice of resignation by City Treasurer, Gere Sibbach, effective
December 10, 2024.
DISCUSSION:
The City Treasurer is an elected official who serves a 4-year term. The current Treasurer, Gere
Sibbach, was elected in November 2022 for a term ending December 2026. Treasurer Sibbach
tendered his resignation effective December 10, 2024. Since the current term is not expired,
this resignation will leave a vacancy in the Office of the Treasurer. In a later report, the City
Council will be provided an opportunity to review and discuss options for filing the vacancy.
FISCAL IMPACT:
None.
REVIEWED BY OTHERS:
This item has been reviewed by the Administrative Services Director as well as the City Attorney.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
25 of 168
Item A526 of 168
12/10/24 | Item A5 | Staff Report27 of 168
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of October 2024
5328 10/01/2024 RABOBANK, N.A.78,324.77Payroll Vendor Payment
5329 10/01/2024 EMPLOYMENT DEV DEPARTMENT 23,842.73Payroll Vendor Payment
5330 10/01/2024 EMPLOYMENT DEV. DEPARTMENT 4,465.36Payroll Vendor Payment
179487 10/01/2024 WEX BANK - BUSINESS UNIVERSAL 13,734.90Accounts Payable Check
179488 10/01/2024 WEX BANK - WEX FLEET UNIVERSAL 9,676.19Accounts Payable Check
179489 10/01/2024 ANTHEM BLUE CROSS HEALTH 235,191.27Payroll Vendor Payment
179491 10/01/2024 GIS BENEFITS 16,238.37Payroll Vendor Payment
179492 10/04/2024 2 MEXICANS, LLC 1,516.50Accounts Payable Check
179493 10/04/2024 A-1 PEST MANAGEMENT 794.00Accounts Payable Check
179494 10/04/2024 AGM COMMUNITY PARTNERS 7,500.00Accounts Payable Check
179495 10/04/2024 ALL SIGNS AND GRAPHICS, INC.1,326.19Accounts Payable Check
179496 10/04/2024 ALPHA ELECTRIC SERVICE 1,275.00Accounts Payable Check
179497 10/04/2024 AMERICAN WEST TIRE & AUTO INC 1,253.17Accounts Payable Check
179498 10/04/2024 ANTECH DIAGNOSTICS 83.71Accounts Payable Check
179499 10/04/2024 AT&T 810.90Accounts Payable Check
179501 10/04/2024 AT&T 1,998.41Accounts Payable Check
179502 10/04/2024 AT&T 761.10Accounts Payable Check
179504 10/04/2024 ATASCADERO MUTUAL WATER CO.42,788.65Accounts Payable Check
179505 10/04/2024 ATASCADERO MUTUAL WATER CO.24,000.00Accounts Payable Check
179506 10/04/2024 ATASCADERO PET CENTER, INC.129.00Accounts Payable Check
179507 10/04/2024 AVID IDENTIFICATION SYSTEMS 225.06Accounts Payable Check
179508 10/04/2024 AVILA TRAFFIC SAFETY 5,343.87Accounts Payable Check
179509 10/04/2024 TERRIE BANISH 300.00Accounts Payable Check
179510 10/04/2024 BERRY MAN, INC.961.70Accounts Payable Check
179511 10/04/2024 JOHN R. BLEDSOE 2,330.00Accounts Payable Check
179512 10/04/2024 BOUND TREE MEDICAL, LLC 167.34Accounts Payable Check
179513 10/04/2024 BREZDEN PEST CONTROL, INC.183.00Accounts Payable Check
179514 10/04/2024 CCI OFFICE TECHNOLOGIES 768.00Accounts Payable Check
179515 10/04/2024 CEN-CAL CONSTRUCTION 360,672.53Accounts Payable Check
179516 10/04/2024 CENTRAL COAST BREWING, INC.232.26Accounts Payable Check
179517 10/04/2024 VOID 0.00Accounts Payable Check
179518 10/04/2024 CENTRAL NEBRASKA PACKING, INC.8,492.34Accounts Payable Check
179519 10/04/2024 CHARTER COMMUNICATIONS 4,182.21Accounts Payable Check
179520 10/04/2024 THE CHRISTMAS LIGHT GUY CO.32,500.00Accounts Payable Check
179521 10/04/2024 CLASSIC COACH WERKS 285.53Accounts Payable Check
179522 10/04/2024 COLOR CRAFT PRINTING 548.71Accounts Payable Check
179523 10/04/2024 CSG CONSULTANTS, INC.3,319.38Accounts Payable Check
179524 10/04/2024 SHARON J. DAVIS 182.00Accounts Payable Check
179525 10/04/2024 NICHOLAS DEBAR 300.00Accounts Payable Check
179526 10/04/2024 DEPARTMENT OF JUSTICE 468.00Accounts Payable Check
28 of 168
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of October 2024
179527 10/04/2024 DEPT. OF THE CA HIGHWAY PATROL 1,076.36Accounts Payable Check
179528 10/04/2024 DISTINCTIVE GLASSWARE BRANDING 2,234.81Accounts Payable Check
179529 10/04/2024 DIVISION OF STATE ARCHITECT 57.60Accounts Payable Check
179530 10/04/2024 DOOMSDAY SKATE, LLC 480.00Accounts Payable Check
179531 10/04/2024 PHILIP DUNSMORE 300.00Accounts Payable Check
179532 10/04/2024 EL CAMINO VETERINARY HOSP 440.11Accounts Payable Check
179533 10/04/2024 DANIEL E. ERNST 400.00Accounts Payable Check
179534 10/04/2024 FAST PASS TRAILERS 5,585.91Accounts Payable Check
179535 10/04/2024 FEDEX 13.58Accounts Payable Check
179536 10/04/2024 FGL ENVIRONMENTAL 244.00Accounts Payable Check
179537 10/04/2024 FILIPPIN ENGINEERING, INC.48,993.75Accounts Payable Check
179538 10/04/2024 FRAME PERFECT MEDIA 500.00Accounts Payable Check
179539 10/04/2024 NICHOLAS C. FRANGIE 180.00Accounts Payable Check
179540 10/04/2024 GHS PARTS, INC.126.14Accounts Payable Check
179541 10/04/2024 GIERLICH-MITCHELL, INC.1,252.80Accounts Payable Check
179542 10/04/2024 TRISTAN M. GUILLORY 180.00Accounts Payable Check
179543 10/04/2024 HANSEN BRO'S CUSTOM FARMING 15,176.51Accounts Payable Check
179544 10/04/2024 KELLIE K. HART 168.00Accounts Payable Check
179545 10/04/2024 HERC RENTALS, INC.157.69Accounts Payable Check
179547 10/04/2024 HOME DEPOT CREDIT SERVICES 3,544.18Accounts Payable Check
179548 10/04/2024 JASON HOWELL 356.74Accounts Payable Check
179549 10/04/2024 ZACHARIAH JACKSON 111.00Accounts Payable Check
179550 10/04/2024 JEFF & TONY'S DSD, LLC 857.28Accounts Payable Check
179551 10/04/2024 JIFFY LUBE 170.82Accounts Payable Check
179552 10/04/2024 JK'S UNLIMITED, INC.1,852.42Accounts Payable Check
179553 10/04/2024 LAUTZENHISER'S STATIONARY 499.73Accounts Payable Check
179554 10/04/2024 JAMES R. LEWIS 300.00Accounts Payable Check
179555 10/04/2024 MAINLINE UTILITY CO.1,000.00Accounts Payable Check
179556 10/04/2024 MEDSTOP URGENT CARE CENTER 739.00Accounts Payable Check
179557 10/04/2024 MV TRANSPORTATION, INC.15,114.58Accounts Payable Check
179558 10/04/2024 NATURE PLANET, INC.740.55Accounts Payable Check
179559 10/04/2024 NORTH CO SEPTIC SERVICE, INC.695.00Accounts Payable Check
179562 10/04/2024 PACIFIC GAS AND ELECTRIC 52,851.58Accounts Payable Check
179563 10/04/2024 PRO TOW 172.00Accounts Payable Check
179564 10/04/2024 PROCARE JANITORIAL SUPPLY,INC.281.45Accounts Payable Check
179565 10/04/2024 QUADIENT, INC.124.46Accounts Payable Check
179566 10/04/2024 JERI RANGEL 300.00Accounts Payable Check
179567 10/04/2024 RECOGNITION WORKS 108.75Accounts Payable Check
179568 10/04/2024 RENEWELL FLEET SERVICE LLC 281.63Accounts Payable Check
179569 10/04/2024 RICK ENGINEERING COMPANY 68,084.80Accounts Payable Check
29 of 168
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of October 2024
179570 10/04/2024 CORBIN J. ROSSI 210.00Accounts Payable Check
179571 10/04/2024 SAGE DESIGNS INC 3,036.00Accounts Payable Check
179572 10/04/2024 SANTA MARIA TIRE, INC.2,714.71Accounts Payable Check
179573 10/04/2024 ALBERT SANUDO JR.120.00Accounts Payable Check
179574 10/04/2024 SENSATIONS APPAREL 1,515.87Accounts Payable Check
179575 10/04/2024 SITEONE LANDSCAPE SUPPLY, LLC 2,014.73Accounts Payable Check
179576 10/04/2024 SLO CO INTERIORS 50.00Accounts Payable Check
179577 10/04/2024 SLO COUNTY APCD 396.20Accounts Payable Check
179578 10/04/2024 RANDY D. SMART, JR.120.00Accounts Payable Check
179579 10/04/2024 SOCAL GAS 260.92Accounts Payable Check
179580 10/04/2024 SOUZA CONSTRUCTION, INC.1,247,462.34Accounts Payable Check
179581 10/04/2024 SUNBELT RENTALS, INC.1,262.60Accounts Payable Check
179582 10/04/2024 SUNLIGHT JANITORIAL, INC.1,650.00Accounts Payable Check
179583 10/04/2024 SUNSET SERVICE CENTER 969.75Accounts Payable Check
179584 10/04/2024 TATUM ASPHALT 17,390.37Accounts Payable Check
179585 10/04/2024 MADELINE M. TAYLOR 259.20Accounts Payable Check
179586 10/04/2024 CHRISTOPHER DANIEL THOMAS 60.00Accounts Payable Check
179587 10/04/2024 TOWNSEND PUBLIC AFFAIRS, INC.4,000.00Accounts Payable Check
179588 10/04/2024 TRIPEPI SMITH AND ASSC., INC.6,218.75Accounts Payable Check
179589 10/04/2024 UNDERGROUND SERVICE ALERT OF 2,426.98Accounts Payable Check
179590 10/04/2024 UNITED RENTALS 4,384.10Accounts Payable Check
179591 10/04/2024 USA BLUE BOOK 941.66Accounts Payable Check
179592 10/04/2024 VANIR CONSTRUCTION MANAGEMENT 54,967.70Accounts Payable Check
179593 10/04/2024 MICHAEL I. VENIA 600.00Accounts Payable Check
179594 10/04/2024 VERIZON WIRELESS 2,050.47Accounts Payable Check
179595 10/04/2024 VINO VICE, INC.446.50Accounts Payable Check
179596 10/04/2024 WALLACE GROUP 13,481.55Accounts Payable Check
179597 10/04/2024 WATER SYSTEMS CONSULTING, INC.57,120.24Accounts Payable Check
179598 10/04/2024 WCJ PROPERTY SERVICES 1,125.00Accounts Payable Check
179599 10/04/2024 WIGHTONS PLUMBING, HEATING 488.23Accounts Payable Check
179600 10/04/2024 KAREN B. WYKE 1,049.10Accounts Payable Check
5333 10/07/2024 ANTHEM BLUE CROSS HSA 200.00Accounts Payable Check
179601 10/10/2024 ATASCADERO PROF. FIREFIGHTERS 1,151.80Payroll Vendor Payment
179602 10/10/2024 IAFF MERP 1,900.00Payroll Vendor Payment
179603 10/10/2024 MISSIONSQUARE 16,220.26Payroll Vendor Payment
179604 10/10/2024 NATIONWIDE RETIREMENT SOLUTION 1,689.90Payroll Vendor Payment
179605 10/10/2024 SLO COUNTY SHERIFF 200.00Payroll Vendor Payment
5334 10/11/2024 MCGRIFF INSURANCE SERVICE TRUIST INSURANCE HOLIDNGS LLC 1,377.94Payroll Vendor Payment
5335 10/11/2024 ANTHEM BLUE CROSS HSA 11,052.60Payroll Vendor Payment
5336 10/11/2024 STATE DISBURSEMENT UNIT 692.30Payroll Vendor Payment
30 of 168
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of October 2024
5337 10/11/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 17,776.48Payroll Vendor Payment
5338 10/11/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 36,203.40Payroll Vendor Payment
5339 10/11/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,902.18Payroll Vendor Payment
5340 10/11/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,830.30Payroll Vendor Payment
5341 10/11/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,773.51Payroll Vendor Payment
5342 10/11/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 12,035.32Payroll Vendor Payment
5343 10/11/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 19,101.17Payroll Vendor Payment
5344 10/11/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 30,612.63Payroll Vendor Payment
5345 10/11/2024 ATASCADERO POLICE OFFICERS 2,246.00Payroll Vendor Payment
5346 10/15/2024 SEIU LOCAL 620 1,004.94Payroll Vendor Payment
5347 10/15/2024 RABOBANK, N.A.72,884.52Payroll Vendor Payment
5348 10/15/2024 EMPLOYMENT DEV DEPARTMENT 22,625.61Payroll Vendor Payment
5349 10/15/2024 EMPLOYMENT DEV. DEPARTMENT 4,253.81Payroll Vendor Payment
179606 10/18/2024 A & T ARBORISTS & VEGETATION 5,600.00Accounts Payable Check
179607 10/18/2024 A-1 PEST MANAGEMENT 199.00Accounts Payable Check
179608 10/18/2024 ALLAN HANCOCK COLLEGE 2,244.70Accounts Payable Check
179609 10/18/2024 ALLTECH SERVICES, INC.748.04Accounts Payable Check
179610 10/18/2024 ALTA LANGUAGE SERVICES, INC.55.00Accounts Payable Check
179611 10/18/2024 ALTHOUSE & MEADE, INC.3,230.86Accounts Payable Check
179612 10/18/2024 FRANCISCO AMAYA 10.00Accounts Payable Check
179613 10/18/2024 AMERICAN WEST TIRE & AUTO INC 170.21Accounts Payable Check
179614 10/18/2024 ANTECH DIAGNOSTICS 957.04Accounts Payable Check
179615 10/18/2024 KELLY AREBALO 389.64Accounts Payable Check
179616 10/18/2024 ASHLEY & VANCE ENGINEERING INC 3,225.00Accounts Payable Check
179617 10/18/2024 ASSC. OF ZOOS & AQUARIUMS 6,699.00Accounts Payable Check
179619 10/18/2024 AT&T 1,853.83Accounts Payable Check
179620 10/18/2024 AT&T 760.93Accounts Payable Check
179621 10/18/2024 ATASCADERO HAY & FEED 2,193.55Accounts Payable Check
179622 10/18/2024 ATASCADERO YOUTH FOOTBALL 1,850.00Accounts Payable Check
179623 10/18/2024 TERRIE BANISH 468.98Accounts Payable Check
179624 10/18/2024 BASSETT'S CRICKET RANCH,INC.1,329.61Accounts Payable Check
179625 10/18/2024 BATTERY SYSTEMS, INC.331.52Accounts Payable Check
179626 10/18/2024 BAY AREA DRIVING SCHOOL, INC.34.99Accounts Payable Check
179627 10/18/2024 BELL'S PLUMBING REPAIR, INC.225.00Accounts Payable Check
179628 10/18/2024 KEITH R. BERGHER 22.50Accounts Payable Check
179629 10/18/2024 BERRY MAN, INC.1,582.50Accounts Payable Check
179630 10/18/2024 JOHN R. BLEDSOE 2,839.00Accounts Payable Check
179631 10/18/2024 BRANCH SMITH PROPERTIES 398.00Accounts Payable Check
179632 10/18/2024 BRENDLER JANITORIAL SERVICE 955.00Accounts Payable Check
179633 10/18/2024 CASEY BRYSON 18.14Accounts Payable Check
31 of 168
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of October 2024
179634 10/18/2024 BURKE,WILLIAMS, & SORENSON LLP 2,835.00Accounts Payable Check
179635 10/18/2024 BURT INDUSTRIAL SUPPLY 1,651.02Accounts Payable Check
179636 10/18/2024 CA BUILDING STANDARDS COMM.203.40Accounts Payable Check
179637 10/18/2024 CAL-COAST MACHINERY, INC 18,176.29Accounts Payable Check
179638 10/18/2024 AIDEN J. CAPOZZOLI 384.00Accounts Payable Check
179639 10/18/2024 CARLOS MOBILE DETAILING 1,500.00Accounts Payable Check
179640 10/18/2024 CC DYNASTY FUTBOL CLUB 844.50Accounts Payable Check
179641 10/18/2024 CELLEBRITE INC.7,503.75Accounts Payable Check
179642 10/18/2024 CHARTER COMMUNICATIONS 6,221.45Accounts Payable Check
179643 10/18/2024 JOSEPH A. CHOUINARD 3,486.20Accounts Payable Check
179644 10/18/2024 LARA CHRISTENSEN 10.75Accounts Payable Check
179645 10/18/2024 CINTAS 333.96Accounts Payable Check
179646 10/18/2024 CITY OF ATASCADERO 775.50Accounts Payable Check
179647 10/18/2024 CLEATH-HARRIS GEOLOGISTS, INC.195.00Accounts Payable Check
179648 10/18/2024 CLEVER CONCEPTS, INC.7,487.50Accounts Payable Check
179649 10/18/2024 COAST MONUMENT SIGNS 109.00Accounts Payable Check
179650 10/18/2024 COASTAL COPY, INC.368.09Accounts Payable Check
179651 10/18/2024 COLOR CRAFT PRINTING 1,356.66Accounts Payable Check
179652 10/18/2024 JOANN CONNER 108.00Accounts Payable Check
179653 10/18/2024 COUNTY OF SAN LUIS OBISPO 3,150.07Accounts Payable Check
179654 10/18/2024 COYOTE TRACTOR SERVICES, LLC 1,500.00Accounts Payable Check
179655 10/18/2024 CRYSTAL CRIMBCHIN 1,305.35Accounts Payable Check
179656 10/18/2024 CRYSTAL SPRINGS WATER 20.00Accounts Payable Check
179657 10/18/2024 CULLIGAN SANTA MARIA 507.98Accounts Payable Check
179658 10/18/2024 CHRISTOPHER DEATON 383.69Accounts Payable Check
179659 10/18/2024 JOE DEBRUIN, PH.D.720.00Accounts Payable Check
179660 10/18/2024 DEPARTMENT OF CONSERVATION 394.54Accounts Payable Check
179661 10/18/2024 DOOLEY ENTERPRISES INC 4,158.18Accounts Payable Check
179662 10/18/2024 PHILIP DUNSMORE 20.34Accounts Payable Check
179663 10/18/2024 EL CAMINO VETERINARY HOSP 366.75Accounts Payable Check
179664 10/18/2024 ESCRIBE SOFTWARE LTD 16,065.00Accounts Payable Check
179665 10/18/2024 ESCUELA DEL RIO 900.00Accounts Payable Check
179666 10/18/2024 FGL ENVIRONMENTAL 1,155.00Accounts Payable Check
179667 10/18/2024 FIESTA MAHAR MANUFACTURNG CORP 404.24Accounts Payable Check
179668 10/18/2024 FIGUEROA'S TIRES 240.31Accounts Payable Check
179669 10/18/2024 FILIPPIN ENGINEERING, INC.130,119.31Accounts Payable Check
179670 10/18/2024 NICHOLAS C. FRANGIE 120.00Accounts Payable Check
179671 10/18/2024 GHS PARTS, INC.62.23Accounts Payable Check
179672 10/18/2024 GMV SYNCROMATICS CORP.10,450.00Accounts Payable Check
179673 10/18/2024 RYAN GOUDY 120.00Accounts Payable Check
32 of 168
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of October 2024
179674 10/18/2024 GREAT WESTERN INSTALLATION INC 3,572.00Accounts Payable Check
179675 10/18/2024 TRISTAN M. GUILLORY 30.00Accounts Payable Check
179676 10/18/2024 HAAKER EQUIPMENT COMPANY INC.275,493.75Accounts Payable Check
179677 10/18/2024 CHRISTOPHER HALL 619.00Accounts Payable Check
179678 10/18/2024 HANSEN BRO'S CUSTOM FARMING 17,447.00Accounts Payable Check
179679 10/18/2024 HARRIS STAGE LINES, LLC 900.00Accounts Payable Check
179680 10/18/2024 HART IMPRESSIONS PRINTING 239.24Accounts Payable Check
179681 10/18/2024 KELLIE K. HART 112.00Accounts Payable Check
179682 10/18/2024 HIGH COUNTRY OUTDOOR, INC.550.00Accounts Payable Check
179683 10/18/2024 HOME DEPOT CREDIT SERVICES 6,386.20Accounts Payable Check
179684 10/18/2024 INGLIS PET HOTEL 1,294.85Accounts Payable Check
179685 10/18/2024 IRON MOUNTAIN RECORDS MGMNT 155.42Accounts Payable Check
179686 10/18/2024 ZACHARIAH JACKSON 128.00Accounts Payable Check
179687 10/18/2024 JK'S UNLIMITED, INC.203.91Accounts Payable Check
179688 10/18/2024 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check
179689 10/18/2024 K & M INTERNATIONAL 1,468.00Accounts Payable Check
179690 10/18/2024 KMIT SOLUTIONS 1,275.00Accounts Payable Check
179691 10/18/2024 KNECHT'S PLUMBING & HEATING 6,442.95Accounts Payable Check
179692 10/18/2024 KPRL 1230 AM 320.00Accounts Payable Check
179693 10/18/2024 KRITZ EXCAVATING & TRUCKNG INC 768.30Accounts Payable Check
179694 10/18/2024 KSBY COMMUNICATIONS 1,810.00Accounts Payable Check
179695 10/18/2024 KW CONSTRUCTION 2,200.00Accounts Payable Check
179696 10/18/2024 LAYNE LABORATORIES, INC.4,333.69Accounts Payable Check
179697 10/18/2024 LEE WILSON ELECTRIC CO. INC 1,868.02Accounts Payable Check
179698 10/18/2024 JAMES R. LEWIS 2,940.38Accounts Payable Check
179699 10/18/2024 LIN LI 90.00Accounts Payable Check
179700 10/18/2024 LIFE ASSIST, INC.127.99Accounts Payable Check
179701 10/18/2024 LINDE GAS & EQUIPMENT INC.69.30Accounts Payable Check
179702 10/18/2024 MADRONE LANDSCAPES, INC.434.00Accounts Payable Check
179703 10/18/2024 ANNETTE MANIER 68.14Accounts Payable Check
179704 10/18/2024 MARBORG INDUSTRIES 1,112.79Accounts Payable Check
179705 10/18/2024 MARK'S TIRE SERVICE, INC.2,754.82Accounts Payable Check
179706 10/18/2024 CRAIG MARTINEAU 700.00Accounts Payable Check
179707 10/18/2024 RYAN J. MCNAMEE 300.00Accounts Payable Check
179708 10/18/2024 MEA WINE, LLC 365.80Accounts Payable Check
179709 10/18/2024 VOID 0.00Accounts Payable Check
179710 10/18/2024 MICHAEL K. NUNLEY & ASSC, INC.1,889.31Accounts Payable Check
179711 10/18/2024 MID-COAST MOWER & SAW, INC.80.76Accounts Payable Check
179712 10/18/2024 MINER'S ACE HARDWARE 626.82Accounts Payable Check
179713 10/18/2024 MIWALL CORPORATION 3,287.26Accounts Payable Check
33 of 168
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of October 2024
179714 10/18/2024 MOTOROLA SOLUTIONS, INC.1,248.30Accounts Payable Check
179715 10/18/2024 MV TRANSPORTATION, INC.29,640.63Accounts Payable Check
179716 10/18/2024 NBS 8,234.94Accounts Payable Check
179717 10/18/2024 NEW TIMES 1,411.00Accounts Payable Check
179718 10/18/2024 NORTH COAST ENGINEERING INC.1,050.00Accounts Payable Check
179719 10/18/2024 ODP BUSINESS SOLUTIONS, LLC 930.27Accounts Payable Check
179720 10/18/2024 DANIEL OGLESBY 193.57Accounts Payable Check
179721 10/18/2024 RON OVERACKER 229.00Accounts Payable Check
179722 10/18/2024 PACIFIC GAS AND ELECTRIC 43,769.90Accounts Payable Check
179723 10/18/2024 PADRE ASSOCIATES, INC.325.00Accounts Payable Check
179724 10/18/2024 PASO ROBLES SAFE & LOCK, INC.14,898.57Accounts Payable Check
179725 10/18/2024 PEAKWIFI, LLC 650.00Accounts Payable Check
179726 10/18/2024 PERRY'S PARCEL & GIFT 202.00Accounts Payable Check
179727 10/18/2024 PROCARE JANITORIAL SUPPLY,INC.178.57Accounts Payable Check
179728 10/18/2024 ALBERT SANUDO JR.210.00Accounts Payable Check
179729 10/18/2024 SECURITAS TECHNOLOGY CORPORATN 727.87Accounts Payable Check
179730 10/18/2024 SERVICE SYSTEMS ASSC, INC.3,333.34Accounts Payable Check
179731 10/18/2024 SLO CIDER LLC 517.20Accounts Payable Check
179732 10/18/2024 SLO COUNTY SHERIFF'S OFFICE 101,077.25Accounts Payable Check
179733 10/18/2024 SLO COUNTY TAX COLLECTOR 152.74Accounts Payable Check
179734 10/18/2024 RANDY D. SMART, JR.120.00Accounts Payable Check
179735 10/18/2024 SOCAL GAS 108.18Accounts Payable Check
179736 10/18/2024 SOFTWAREONE, INC.88,715.47Accounts Payable Check
179737 10/18/2024 SPEAKWRITE, LLC.129.14Accounts Payable Check
179738 10/18/2024 SPECIALIZED EQUIPMENT REPAIR 1,725.85Accounts Payable Check
179739 10/18/2024 DR. CYNTHIA STRINGFIELD 301.99Accounts Payable Check
179740 10/18/2024 DANIEL SUTTLES 10.00Accounts Payable Check
179741 10/18/2024 TARGET SOLUTIONS LEARNING, LLC 1,584.64Accounts Payable Check
179742 10/18/2024 CHRISTOPHER DANIEL THOMAS 90.00Accounts Payable Check
179743 10/18/2024 THOMSON REUTERS - WEST 212.09Accounts Payable Check
179744 10/18/2024 T-MOBILE USA, INC.115.00Accounts Payable Check
179745 10/18/2024 DR. ALAN J. TOUSIGNANT 980.80Accounts Payable Check
179746 10/18/2024 TRIPEPI SMITH AND ASSC., INC.3,616.25Accounts Payable Check
179753 10/18/2024 U.S. BANK 33,274.75Accounts Payable Check
179754 10/18/2024 ULTREX BUSINESS PRODUCTS 30.34Accounts Payable Check
179755 10/18/2024 JAXON VACH 99.00Accounts Payable Check
179756 10/18/2024 TYSON VAN HORN 140.29Accounts Payable Check
179757 10/18/2024 VANIR CONSTRUCTION MANAGEMENT 15,420.00Accounts Payable Check
179758 10/18/2024 VERDIN 37,766.77Accounts Payable Check
179759 10/18/2024 VERIZON WIRELESS 152.04Accounts Payable Check
34 of 168
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of October 2024
179760 10/18/2024 VILLAGE ORIGINALS, INC.544.13Accounts Payable Check
179761 10/18/2024 VITAL RECORDS CONTROL 483.07Accounts Payable Check
179762 10/18/2024 WCJ PROPERTY SERVICES 130.00Accounts Payable Check
179763 10/18/2024 WESTERN JANITOR SUPPLY 273.84Accounts Payable Check
179764 10/18/2024 WHATS UP NORTH COUNTY LLC 2,250.00Accounts Payable Check
179765 10/18/2024 WHITLOCK & WEINBERGER TRANS.1,705.00Accounts Payable Check
179766 10/18/2024 YEH AND ASSOCIATES, INC.7,087.50Accounts Payable Check
179767 10/18/2024 YOUTH EVOLUTION SOCCER 1,713.60Accounts Payable Check
179768 10/18/2024 ZOO MED LABORATORIES, INC.417.73Accounts Payable Check
179769 10/18/2024 ZOOM IMAGING SOLUTIONS, INC.1,022.25Accounts Payable Check
5351 10/24/2024 ANTHEM BLUE CROSS HSA 11,052.60Payroll Vendor Payment
179770 10/24/2024 CA DEPT OF TAX AND FEE ADMIN.3,849.00Accounts Payable Check
179771 10/24/2024 ATASCADERO PROF. FIREFIGHTERS 1,151.80Payroll Vendor Payment
179772 10/24/2024 IAFF MERP 1,900.00Payroll Vendor Payment
179773 10/24/2024 MISSIONSQUARE 16,087.68Payroll Vendor Payment
179774 10/24/2024 NATIONWIDE RETIREMENT SOLUTION 1,082.84Payroll Vendor Payment
179775 10/24/2024 SLO COUNTY SHERIFF 200.00Payroll Vendor Payment
5350 10/25/2024 MCGRIFF INSURANCE SERVICE TRUIST INSURANCE HOLIDNGS LLC 1,377.94Payroll Vendor Payment
5352 10/25/2024 STATE DISBURSEMENT UNIT 692.30Payroll Vendor Payment
5361 10/25/2024 EMPLOYMENT DEV. DEPARTMENT 4.18Accounts Payable Check
5362 10/25/2024 ATASCADERO POLICE OFFICERS 2,246.00Payroll Vendor Payment
5363 10/28/2024 SEIU LOCAL 620 1,014.98Payroll Vendor Payment
5364 10/29/2024 RABOBANK, N.A.86,319.64Payroll Vendor Payment
5365 10/29/2024 EMPLOYMENT DEV DEPARTMENT 27,299.12Payroll Vendor Payment
5366 10/29/2024 EMPLOYMENT DEV. DEPARTMENT 4,452.64Payroll Vendor Payment
5353 10/30/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 18,356.93Payroll Vendor Payment
5354 10/30/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 36,176.98Payroll Vendor Payment
5355 10/30/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 3,082.01Payroll Vendor Payment
5356 10/30/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,830.30Payroll Vendor Payment
5357 10/30/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,773.51Payroll Vendor Payment
5358 10/30/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 15,171.99Payroll Vendor Payment
5359 10/30/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 19,000.97Payroll Vendor Payment
5360 10/30/2024 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 31,064.15Payroll Vendor Payment
$ 4,121,410.25
35 of 168
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT
Department:Administrative
Services
Date:12/10/24
Placement:Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: JERI RANGEL, DIRECTOR OF ADMINISTRATIVE SERVICES
PREPARED BY: KRYS CLARK, ACCOUNTING SPECIALIST
SUBJECT: September 2024 Investment Report
RECOMMENDATION:
REPORT IN BRIEF:
CASH AND INVESTMENTS
Checking Account 1,169,339$
Zoo Credit Card Deposit Account 2,930
Mechanics Bank Money Market Account 4,255,349
Certificates of Deposit 17,593,429
Government Securities 27,802,627
Supranational Securities 9,506,672
Municipal Securities 1,509,182
LAIF 7,950,889
Cash with Fiscal Agents (2004 & 2010 Bonds)15,942
Cash with Fiscal Agents (2024 Bonds)1,478,666
Cash in Banks at September 30, 2024 71,285,025$
Deposits in Transit 144,821
Timing Differences (622,140)
Cash and Investments at September 30, 2024 70,807,706$
INVESTMENT ACTIVITY
Securities Purchased:
Purchase Date Description Type Cost Maturity Date
07/11/24 Federal Farm Credit Bank
CUSIP #3133ERKJ9
Government
Security
$ 1,008,642 07/05/29
07/17/24 BNY Mellon
National Association
Certificate of
Deposit
244,000 07/17/29
08/14/24 Federal Farm Credit Bank
CUSIP #3133ERNC1
Government
Security
1,021,101 08/01/29
08/21/24 The Citizens Bank
Batesville, AK
Certificate of
Deposit
249,000 08/21/29
09/18/24 California St
CUSIP #13063EBP0
Municipal
Security
534,580 09/01/29
Council receive and file the City Treasurer's report for quarter ending September 30, 2024.
Item A6
36 of 168
Securities Matured:
Maturity Date Description Type Original Cost Amount Matured
07/23/24 BankUnited
Miami Lakes, FL
Certificate of
Deposit
$ 237,000 $ 237,000
07/26/24 Abacus Federal Savings
New York, NY
Certificate of
Deposit
245,000 245,000
08/01/24 Federal Farm Credit Bank
CUSIP #3133EJM55
Government
Security
453,991 427,000
08/19/24 CF Bank
Worthington, OH
Certificate of
Deposit
245,000 245,000
08/28/24 Genoa Banking Company
Genoa, OH
Certificate of
Deposit
245,000 245,000
08/28/24 Int'l Bank for Recon & Dev
CUSIP #459056HV2
Supranational
Security
497,250 500,000
08/30/24 Preferred Bank
Los Angeles, CA
Certificate of
Deposit
245,000 245,000
09/10/24 Peoples Bank
Rock Valley, IA
Certificate of
Deposit
100,000 100,000
09/20/24 Bank of Deerfield
Deerfield, WI
Certificate of
Deposit
245,000 245,000
09/25/24 Grand River Bank
Grandville, MI
Certificate of
Deposit
245,000 245,000
Securities Sold Prior to Maturity:
Transaction /
Tran Date Description / Type
Original Cost /
Maturity Sale Price
Gain / (Loss)
on Sale
None
Other Reportable Activities:
None
12/10/24 | Item A6 |Staff Report
37 of 168
REVIEWED BY OTHERS:
This item has been reviewed by the Administrative Services Director and the City Treasurer.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT(S):
1. Treasurer's Report
12/10/24 | Item A6 |Staff Report
38 of 168
City of Atascadero
Treasurer's Report
Cash & Investments Activity Summary
for the quarter ending September 30, 2024
CHECKING FISCAL
ACCOUNTS INVESTMENTS AGENT TOTALS
Balance per Banks at
July 1, 2024 $300,330 $82,959,867 $20,675,390 103,935,587$
Receipts 249,830 7,771,661 275,090 8,296,581
Recognition of Premiums &
Discounts - 51,293 - 51,293
Disbursements (20,056,442) (14,996) (20,926,998) (40,998,436)
Transfers In 25,450,000 3,300,323 1,471,126 30,221,449
Transfers Out (4,771,449) (25,450,000) - (30,221,449)
Balance per Banks at
September 30, 2024 $1,172,269 $68,618,148 $1,494,608 71,285,025
Deposits in Transit 144,821
Timing Differences (622,140)
Adjusted Treasurer's Balance $70,807,706
39 of 168
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/COST OF MARKET UNREALIZED
DATE (ISSUER)DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT)INVESTMENT VALUE GAIN / (LOSS)
Funds Managed by City
n/a
Local Agency Invest.
Fund (LAIF)n/a State Investment Fund n/a n/a 4.58%7,950,889$ n/a 7,950,889$ 7,967,276$ 16,387$
n/a Mechanic's Bank Money Market n/a Money Fund n/a n/a 4.85%4,255,349 n/a 4,255,349 4,255,349 -
10/15/24 Federal National Mortgage Assn
CUSIP #3135G0W66
03/13/20 Government Security Aaa 1.63%0.81%500,000 167 500,167 499,350 (817)
11/08/24 Raymond James Bank
St. Petersburg, FL
11/08/19 Certificate of Deposit n/a 1.80%1.80%245,000 n/a 245,000 244,189 (811)
11/18/24 Federal Farm Credit Bank
CUSIP #3133ENZ94
11/23/22 Government Security Aaa 4.50%4.70%400,000 (110) 399,890 399,756 (134)
12/13/24 Federal Home Loan Bank
CUSIP #3130A3GE8
03/13/20 Government Security Aaa 2.75%0.84%500,000 1,930 501,930 498,100 (3,830)
01/15/25 Int'l Bank for Recon & Develop
CUSIP #459058HT3
01/16/20 Supranational Security Aaa 1.63%1.66%500,000 (57) 499,943 495,595 (4,348)
01/20/25 Live Oak Banking Company
Wilmington, NC
01/24/20 Certificate of Deposit n/a 1.85%1.85%245,000 n/a 245,000 242,922 (2,078)
01/24/25 Baycoast Bank
Swansea, MA
01/24/20 Certificate of Deposit n/a 1.70%1.70%245,000 n/a 245,000 242,653 (2,347)
02/12/25 Federal Home Loan Mtge Corp
CUSIP #3137EAEP0
03/13/20 Government Security Aaa 1.50%0.79%500,000 1,307 501,307 494,250 (7,057)
03/03/25 Federal Farm Credit Bank
CUSIP #3133ELQY3
03/04/20 Government Security Aaa 1.21%0.88%500,000 686 500,686 492,985 (7,701)
03/26/25 Evergreen Bank Group
Oak Brook, IL
03/26/20 Certificate of Deposit n/a 1.00%1.00%245,000 n/a 245,000 240,874 (4,126)
03/27/25 Bank of Romney
Romney, WV
03/27/20 Certificate of Deposit n/a 1.15%1.15%245,000 n/a 245,000 241,033 (3,967)
03/27/25 First Jackson Bank
Stevenson, AL
03/27/20 Certificate of Deposit n/a 1.15%1.15%245,000 n/a 245,000 241,033 (3,967)
04/01/25 El Cajon Taxable Pension Obl
CUSIP 282659AX9
01/27/21 Municipal Security Aa 1.18%0.70%650,000 1,558 651,558 639,327 (12,231)
04/28/25 First National Bank
McGregor, TX
04/28/20 Certificate of Deposit n/a 1.35%1.35%245,000 n/a 245,000 240,739 (4,261)
04/29/25 Flagstar Bank
Troy, MI
03/26/20 Certificate of Deposit n/a 1.15%1.15%245,000 n/a 245,000 240,458 (4,542)
City of Atascadero
Investment Report
September 30, 2024
40 of 168
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/COST OF MARKET UNREALIZED
DATE (ISSUER)DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT)INVESTMENT VALUE GAIN / (LOSS)
05/01/25 Corona California Pension
CUSIP #21969AAD4
04/12/23 Municipal Security AA+1.13%4.50%450,000 (8,611) 441,389 441,266 (124)
05/15/25 Tennessee Valley Authority
CUSIP #880591EW8
11/09/22 Government Security Aaa 4.77%205,000$ (4,991)$ 200,009$ 200,539$ 530$
06/24/25 BMO Harris Bank NA
Chicago, IL
11/08/23 Certificate of Deposit n/a 3.20%225,000 (3,192) 221,808 223,225 1,417
06/30/25 US Treasury Notes
CUSIP #912828XZ8
04/13/22 Government Security Aaa 2.61%500,000 501 500,501 495,185 (5,316)
07/01/25 Northern Calif Power Agency
CUSIP #664845FN9
04/13/22 Municipal Security Aa3 3.04%305,000 (1,447) 303,553 300,761 (2,793)
07/01/25 University of California
CUSIP #91412GU94
10/22/20 Municipal Security Aa2 0.81%300,000 5,060 305,060 297,522 (7,538)
08/12/25 Goldman Sachs Bank
New York, NY
11/08/23 Certificate of Deposit n/a 5.16%246,000 (4,342) 241,658 243,702 2,044
08/18/25 Federal National Mortgage Assn
CUSIP #3136G4M75
01/09/22 Government Security Aaa 4.70%280,000 (9,993) 270,007 271,513 1,506
08/20/25 Northeast Community Bank
White Plains, NY
07/19/23 Certificate of Deposit n/a 4.99%160,000 (6,298) 153,702 154,939 1,237
09/01/25 San Bernardino Successor Agency
Swansea, MA
10/22/20 Municipal Security Aa 0.71%175,000 5,279 180,279 176,411 (3,869)
09/12/25 Federal Home Loan Bank
CUSIP #3130A6C70
10/04/22 Government Security Aaa 4.13%570,000 (7,885) 562,115 562,311 196
10/01/25 Folsom Cordova School District
CUSIP #34440PCN9
11/10/20 Municipal Security Aa-1.00%400,000 7,962 407,962 395,012 (12,950)
10/03/25 Investar Bank
Baton Rouge, LA
10/04/23 Certificate of Deposit n/a 5.35%248,000 n/a 248,000 251,430 3,430
11/07/25 Federal National Mortgage Assn
CUSIP #3135G06G3
12/14/20 Government Security Aaa 0.42%500,000 440 500,440 481,135 (19,305)
11/15/25 Tulare Sewer Revenue
CUSIP 899124MF5
12/11/20 Municipal Security Aa 0.58%400,000 3,910 403,910 387,464 (16,446)
12/11/25 BMW Bank North America
Salt Lake City, UT
12/11/20 Certificate of Deposit n/a 0.50%245,000 n/a 245,000 235,259 (9,741)
12/18/25 Third Federal Savings & Loan
Cleveland, OH
12/18/20 Certificate of Deposit n/a 1.46%245,000 n/a 245,000 234,970 (10,030)
12/29/25 American Nat'l Bank
Baxter, MN
09/29/23 Certificate of Deposit n/a 5.00%248,000 n/a 248,000 251,276 3,276
City of Atascadero
Investment Report
September 30, 2024
0.75%
3.20%
2.75%
2.39%
3.06%
3.05%
0.52%
0.45%
4.00%
2.63%
3.00%
5.35%
0.50%
1.46%
0.50%
1.46%
5.00%
41 of 168
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/COST OF MARKET UNREALIZED
DATE (ISSUER)DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT)INVESTMENT VALUE GAIN / (LOSS)
01/15/26 First Reliance Bank
Florence, SC
01/15/21 Certificate of Deposit n/a 0.30%0.30%245,000 n/a 245,000 233,889 (11,111)
01/22/26 ConnectOne Bank
Englewood Cliffs, NJ
01/22/21 Certificate of Deposit n/a 0.45%245,000$ n/a 245,000$ 234,203$ (10,797)$
01/22/26 Luana Savings Bank
Luana, IA
01/22/21 Certificate of Deposit n/a 0.40%245,000 n/a 245,000 234,075 (10,925)
02/09/26 First United Bank & Trust
Durant, OK
03/16/23 Certificate of Deposit n/a 4.81%120,000 (886) 119,114 120,574 1,460
02/11/26 Ind'l & Com'l Bank of China
New York, NY
02/22/21 Certificate of Deposit n/a 0.45%245,000 n/a 245,000 233,816 (11,184)
02/24/26 Eaglebank
Bethesda, MD
03/16/23 Certificate of Deposit n/a 4.25%244,000 n/a 244,000 245,071 1,071
03/02/26 Federal Farm Credit Bank
CUSIP #3133EFH91
03/03/21 Government Security Aaa 0.75%876,000 18,135 894,135 857,350 (36,785)
03/27/26 Federal Agriculture Mtge Corp
CUSIP #31422XDX7
03/30/21 Government Security n/a 0.87%500,000 (281) 499,719 478,885 (20,834)
04/23/26 Malaga Bank
Palos Verdes Peninsula, CA
04/23/21 Certificate of Deposit n/a 0.55%245,000 n/a 245,000 232,691 (12,309)
04/24/26 Federal National Mortgage Assn
CUSIP #3135G0K36
04/26/21 Government Security Aaa 0.77%500,000 10,532 510,532 487,835 (22,697)
05/19/26 Eaglemark Savings Bank
Reno, NV
05/19/21 Certificate of Deposit n/a 0.70%245,000 n/a 245,000 232,816 (12,184)
05/31/26 US Treasury Notes
CUSIP #91282CCF6
11/23/22 Government Security Aaa 4.15%500,000 (27,056) 472,944 476,230 3,286
06/01/26 Golden St TOB
CUSIP #38122NC59
05/10/23 Municipal Security A 4.52%150,000 (5,623) 144,377 144,611 234
06/05/26 Enterprise Bank
Omaha, NE
09/27/23 Certificate of Deposit n/a 4.99%249,000 (16,592) 232,408 236,871 4,463
06/24/26 First Financial Bank
Dakota Dunes, SD
09/27/23 Certificate of Deposit n/a 5.11%249,000 (8,068) 240,932 246,122 5,190
06/30/26 UBS Bank USA
Salt Lake City, UT
05/19/21 Certificate of Deposit n/a 0.90%245,000 n/a 245,000 232,836 (12,164)
07/01/26 New York Community Bank
Hicksville, NY
06/29/21 Certificate of Deposit n/a 0.85%245,000 n/a 245,000 232,679 (12,321)
07/20/26 Southern Bancorp Bank
Arkadelphia, AR
01/19/24 Certificate of Deposit n/a 4.00%249,000 n/a 249,000 249,740 740
City of Atascadero
Investment Report
September 30, 2024
0.45%
0.40%
4.25%
0.45%
4.25%
2.22%
0.83%
0.55%
2.13%
0.70%
0.75%
2.16%
0.85%
3.15%
0.90%
0.85%
4.00%
42 of 168
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/COST OF MARKET UNREALIZED
DATE (ISSUER)DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT)INVESTMENT VALUE GAIN / (LOSS)
07/22/26 Toyota Financial Savings Bank
Henderson, NV
07/22/21 Certificate of Deposit n/a 0.95%0.95%245,000 n/a 245,000 232,708 (12,292)
08/01/26 Rancho Adobe Fire Protection
CUSIP #752096AE7
10/14/21 Municipal Security Aa 1.25%260,000$ 850$ 260,850$ 247,296$ (13,554)$
08/03/26 Bridgewater Bank
St. Louis Pk, MN
11/03/23 Certificate of Deposit n/a 5.15%248,000 n/a 248,000 253,840 5,840
08/13/26 Synchrony Bank
Draper, UT
08/13/21 Certificate of Deposit n/a 0.90%245,000 n/a 245,000 232,130 (12,870)
08/15/26 Dallas TX Ind School District
CUSIP #235308D83
05/09/24 Municipal Security Aaa 4.86%150,000 (2,266) 147,734 150,594 2,860
08/15/26 El Paso TX
CUSIP #283734Y21
05/09/24 Municipal Security Aa 4.93%110,000 (7,463) 102,537 104,261 1,724
09/24/26 Federal National Mortgage Assn
CUSIP #3135G0Q22
09/24/21 Government Security Aaa 0.80%500,000 10,605 510,605 482,445 (28,160)
09/29/26 First Bank Richmond
Richmond, IN
09/29/21 Certificate of Deposit n/a 0.55%245,000 n/a 245,000 229,798 (15,202)
10/01/26 California Infrastructure Bonds
CUSIP #13034AL73
10/05/22 Municipal Security AAA 4.69%155,000 (10,706) 144,294 146,320 2,026
10/01/26 Manteca Redevelopment Bonds
CUSIP #56453RBA1
10/05/22 Municipal Security AA 4.81%115,000 (6,008) 108,992 110,334 1,342
10/13/26 Federal Agricultural Mtge Corp
CUSIP #31424WAN2
11/08/23 Government Security n/a 4.77%700,000 3,102 703,102 717,864 14,762
10/31/26 US Treasury Notes
CUSIP #912828YQ7
11/23/22 Government Security Aaa 4.07%250,000 (12,091) 237,909 239,960 2,051
11/17/26 Capital One Bank
Glen Allen, VA
11/17/21 Certificate of Deposit n/a 1.10%245,000 n/a 245,000 231,535 (13,465)
11/17/26 Capital One National
McLean, VA
11/17/21 Certificate of Deposit n/a 1.10%245,000 n/a 245,000 231,535 (13,465)
11/17/26 Federal Agricultural Mtge Corp
CUSIP #31422XPS5
09/27/23 Government Security n/a 4.86%500,000 (37,101) 462,899 474,275 11,376
12/21/26 Federal Home Loan Bank
CUSIP #3130AQF65
12/30/21 Government Security Aaa 1.26%500,000 (81) 499,919 474,115 (25,804)
12/28/26 Federal Farm Credit Bank
CUSIP #3133EJ4E6
01/18/22 Government Security Aaa 1.58%200,000 6,783 206,783 197,572 (9,211)
12/31/26 Bank Kremlin
Kremlin, OK
12/31/21 Certificate of Deposit n/a 1.05%245,000 n/a 245,000 230,494 (14,506)
City of Atascadero
Investment Report
September 30, 2024
1.43%
5.15%
0.90%
4.00%
4.93%
1.88%
0.55%
1.04%
2.04%
5.00%
1.63%
1.10%
1.10%
1.15%
1.25%
3.13%
1.05%
43 of 168
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/COST OF MARKET UNREALIZED
DATE (ISSUER)DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT)INVESTMENT VALUE GAIN / (LOSS)
01/15/27 San Joaquin Hills Trans Agency
CUSIP # 798111HF0
01/19/22 Municipal Security A2 2.15%1.88%500,000 3,010 503,010 480,345 (22,665)
01/19/27 First Foundation Bank
Irvine, CA
10/25/23 Certificate of Deposit n/a 5.05%230,000$ (1,718)$ 228,282$ 234,402$ 6,120$
02/10/27 Federal Agriculture Mtge Corp
CUSIP #31422XTX0
02/17/22 Government Security n/a 1.96%550,000 (4,547) 545,453 525,250 (20,203)
02/17/27 Beal Bank USA
Las Vegas, NV
02/23/22 Certificate of Deposit n/a 1.90%245,000 n/a 245,000 234,455 (10,545)
02/23/27 Sallie Mae Bank
Salt Lake City, UT
10/13/22 Certificate of Deposit n/a 4.17%184,000 (8,213) 175,787 177,245 1,458
03/01/27 Sonoma Marin Area Rail Transit
CUSIP #835588BA1
12/07/22 Municipal Security AA 4.45%500,000 (30,832) 469,168 473,450 4,282
03/12/27 Federal Home Loan Bank
CUSIP #3130A3DU5
03/17/22 Government Security Aaa 2.20%500,000 9,476 509,476 492,065 (17,411)
03/16/27 American Express Nat'l Bank
Sandy, UT
03/16/22 Certificate of Deposit n/a 2.00%245,000 n/a 245,000 234,705 (10,295)
03/17/27 Beal Bank
Plano, TX
03/23/22 Certificate of Deposit n/a 2.00%245,000 n/a 245,000 233,850 (11,150)
04/14/27 Comenity Capital Bank
Draper, UT
04/14/22 Certificate of Deposit n/a 2.65%245,000 n/a 245,000 238,191 (6,809)
04/30/27 US Treasury Notes
CUSIP # 91282CEN7
01/18/23 Government Security Aaa 3.64%1,000,000 (21,793) 978,207 979,410 1,203
05/01/27 LA Unified School District
CUSIP # 544646A77
05/11/22 Municipal Security Aa3 3.81%500,000 23,438 523,438 514,640 (8,798)
05/15/27 US Treasury Notes
CUSIP #912828X88
05/24/22 Government Security Aaa 2.87%500,000 (6,114) 493,886 484,825 (9,061)
06/09/27 Federal Home Loan Bank
CUSIP #3130A5JU4
06/22/22 Government Security Aaa 3.43%200,000 (1,961) 198,039 196,960 (1,079)
06/11/27 Federal Home Loan Bank
CUSIP #3130ASGU7
06/22/22 Government Security Aaa 3.41%200,000 494 200,494 199,296 (1,198)
06/15/27 Federal Farm Credit Bank
CUSIP #3133EHNR0
06/22/22 Government Security Aaa 3.43%480,000 (10,395) 469,605 467,419 (2,186)
07/01/27 Sequoia CA Union High
CUSIP #817409N50
05/10/23 Municipal Security AA1 4.20%350,000 (20,213) 329,787 332,990 3,203
07/16/27 Federal Farm Credit Bank
CUSIP #3133EAXT0
07/26/22 Government Security Aaa 2.98%135,000 (814) 134,186 131,961 (2,225)
City of Atascadero
Investment Report
September 30, 2024
4.70%
1.60%
1.90%
2.20%
1.73%
3.00%
2.00%
2.00%
2.65%
2.75%
5.72%
2.38%
3.04%
3.50%
2.58%
1.95%
2.75%
44 of 168
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/COST OF MARKET UNREALIZED
DATE (ISSUER)DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT)INVESTMENT VALUE GAIN / (LOSS)
City of Atascadero
Investment Report
September 30, 2024
07/20/27 Federal Farm Credit Bank
CUSIP #3133ELV92
10/25/23 Government Security Aaa 0.77%4.86%500,000 (52,913) 447,087 462,545 15,458
08/01/27 Corona Norco Ca Unif Sch Dist
CUSIP # 219764SB4
08/04/22 Municipal Security AA-3.63%250,000$ (8,882)$ 241,118$ 239,693$ (1,426)$
08/01/27 Escondido CA Unif Sch Dist
CUSIP # 2963871UV7
08/05/22 Municipal Security AA2 3.53%100,000 (6,411) 93,589 92,904 (685)
08/01/27 Martinez CA Uni Sch Dist
CUSIP # 573428MN6
08/04/22 Municipal Security AA 3.43%250,000 (14,502) 235,498 232,805 (2,693)
08/01/27 San Marcos CA Uni Sch Dist
CUSIP # 798755GC2
08/05/22 Municipal Security AA 3.68%185,000 (6,743) 178,257 177,452 (805)
08/01/27 Southwestern Comm College
CUSIP # 845389LS2
08/04/22 Municipal Security AA-3.53%155,000 (8,271) 146,729 145,771 (958)
08/26/27 Federal Agriculture Mtge Corp
CUSIP #31422XF23
09/02/22 Government Security n/a 3.49%500,000 (3,950) 496,050 494,205 (1,845)
09/15/27 Luminate Bank
Minnetonka, MN
09/15/22 Certificate of Deposit n/a 3.40%245,000 n/a 245,000 242,261 (2,739)
09/15/27 Ponce de Leon Fed Bank
Bronx, NY
09/15/22 Certificate of Deposit n/a 3.50%245,000 n/a 245,000 242,947 (2,053)
09/15/27 University of Pittsburgh
CUSIP # 798755GC2
09/15/22 Municipal Security AA+3.81%500,000 (8,722) 491,278 490,250 (1,028)
10/08/27 Federal National Mortgage Assn
CUSIP #3135G05Y5
10/12/22 Government Security Aaa 4.12%1,000,000 (94,841) 905,159 919,580 14,421
10/31/27 US Treasury Notes
CUSIP # 91282CAU5
11/09/22 Government Security Aaa 4.31%600,000 (65,410) 534,590 546,516 11,926
11/15/27 Tulare CA Sewer Rev
CUSIP #899124MH1
04/12/23 Municipal Security AA 4.47%325,000 (23,832) 301,168 305,042 3,874
11/15/27 US Treasury Notes
CUSIP # 9128283F5
12/07/22 Government Security Aaa 3.79%500,000 (22,440) 477,560 480,490 2,930
12/01/27 Federal Agricultural Mtge Corp
CUSIP #31422XR95
10/20/23 Government Security n/a 5.04%500,000 (14,586) 485,414 504,715 19,301
12/15/27 Forbright Bank
Potomac, MD
12/15/22 Certificate of Deposit n/a 4.00%245,000 n/a 245,000 246,864 1,864
12/16/27 Community West Bank NA
Goleta, CA
12/16/22 Certificate of Deposit n/a 4.00%245,000 n/a 245,000 246,869 1,869
01/12/28 Inter-American Dev Bank
CUSIP # 4581X0EH7
01/19/23 Supranational Security Aaa 3.70%1,000,000 9,239 1,009,239 1,011,490 2,251
2.30%
1.13%
1.26%
2.31%
1.53%
3.20%
3.40%
3.50%
3.18%
0.75%
0.50%
1.93%
2.25%
4.03%
4.00%
4.00%
4.00%
45 of 168
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/COST OF MARKET UNREALIZED
DATE (ISSUER)DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT)INVESTMENT VALUE GAIN / (LOSS)
City of Atascadero
Investment Report
September 30, 2024
02/10/28 First National Bk of Michigan
Kalamazoo, MI
02/10/23 Certificate of Deposit n/a 3.70%3.70%249,000 n/a 249,000 248,930 (70)
02/15/28 Belmont Bank & Trust
Chicago, IL
02/15/23 Certificate of Deposit n/a 3.75%249,000$ n/a 249,000$ 249,351$ 351$
02/15/28 US Treasury Notes
CUSIP # 9128283W8
02/01/23 Government Security Aaa 3.64%500,000 (14,064) 485,936 486,875 939
02/17/28 Vision Bank
St. Louis, MN
02/17/23 Certificate of Deposit n/a 3.75%249,000 n/a 249,000 249,364 364
03/10/28 Federal Home Loan Bank
CUSIP # 3130ATS57
03/15/23 Government Security Aaa 3.90%600,000 11,544 611,544 617,478 5,934
03/17/28 Affinity Bank
Covington, GA
03/17/23 Certificate of Deposit n/a 4.90%245,000 n/a 245,000 254,673 9,673
03/20/28 Bank Five Nine
Oconomowoc, WI
03/20/23 Certificate of Deposit n/a 4.65%245,000 n/a 245,000 252,718 7,718
04/01/28 California State Bonds-GO
CUSIP #13063DGC6
04/12/23 Municipal Security AA 3.98%525,000 (8,095) 516,905 520,753 3,848
04/01/28 California State Bonds-Taxable
CUSIP #13063DGC6
04/12/23 Municipal Security AA 3.98%150,000 (2,313) 147,687 148,787 1,100
04/06/28 Morgan Stanley Bank
Salt Lake City, UT
09/28/23 Certificate of Deposit n/a 4.69%244,000 (303) 243,697 251,723 8,026
05/12/28 Central Bank
Little Rock, AR
05/12/23 Certificate of Deposit n/a 3.85%249,000 n/a 249,000 251,983 2,983
05/16/28 CIBC Bank
Chicago, IL
05/16/23 Certificate of Deposit n/a 4.35%244,000 n/a 244,000 249,688 5,688
05/16/28 Univest Bank & Trust
Souderton, PA
05/16/23 Certificate of Deposit n/a 4.40%249,000 n/a 249,000 255,394 6,394
05/30/28 Idaho First Bank
McCall, ID
05/30/23 Certificate of Deposit n/a 4.20%245,000 n/a 245,000 257,140 12,140
05/31/28 Customers Bank
Phoenixville, PA
05/31/23 Certificate of Deposit n/a 4.45%244,000 n/a 244,000 255,858 11,858
06/09/28 Federal Home Loan Bank
CUSIP #3130AEB25
06/20/23 Government Security AA+4.03%170,000 (4,487) 165,513 168,108 2,595
06/30/28 Federal Home Loan Bank
CUSIP #3130AWN63
08/03/23 Government Security Aaa 4.33%500,000 (5,631) 494,369 507,250 12,881
07/06/28 HSBC Bank USA
McLean, VA
07/18/23 Certificate of Deposit n/a 4.57%249,000 (10,959) 238,041 245,726 7,685
3.75%
2.75%
3.75%
4.50%
4.90%
4.65%
3.50%
3.50%
4.65%
3.85%
4.35%
4.40%
4.20%
4.45%
3.25%
4.00%
3.30%
46 of 168
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/COST OF MARKET UNREALIZED
DATE (ISSUER)DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT)INVESTMENT VALUE GAIN / (LOSS)
City of Atascadero
Investment Report
September 30, 2024
07/26/28 Park State Bank
Duluth, MN
07/26/23 Certificate of Deposit n/a 4.45%4.45%249,000 n/a 249,000 256,597 7,597
07/31/28 Medallion Bank
Salt Lake City, UT
07/31/23 Certificate of Deposit n/a 4.40%249,000$ n/a 249,000$ 256,204$ 7,204$
08/01/28 New York City Transitional Fin Auth
CUSIP #64971XBN7
08/16/23 Municipal Security Aa1 4.90%850,000 (51,543) 798,457 824,934 26,477
08/17/28 United Fidelity Bank FBS
Evansville, IN
09/13/23 Certificate of Deposit n/a 4.50%249,000 n/a 249,000 257,294 8,294
09/05/28 Discover Bank
Greenwood, DE
09/07/23 Certificate of Deposit n/a 4.55%244,000 n/a 244,000 252,806 8,806
09/13/28 Optum Bank Inc
Draper, UT
09/13/23 Certificate of Deposit n/a 4.55%244,000 n/a 244,000 252,796 8,796
09/21/28 Merrick Bank
South Jordan, UT
09/21/23 Certificate of Deposit n/a 4.50%249,000 n/a 249,000 257,705 8,705
09/27/28 Legacy Bank & Trust
Mountain Grove, MO
09/27/23 Certificate of Deposit n/a 4.50%249,000 n/a 249,000 257,780 8,780
09/29/28 Star Bank
Maple Lake, MN
09/29/23 Certificate of Deposit n/a 4.65%244,000 n/a 244,000 253,897 9,897
10/17/28 Southern First Bank
Greensville, SC
10/26/23 Certificate of Deposit n/a 4.85%244,000 n/a 244,000 256,456 12,456
10/23/28 Federal Home Loan Bank
CUSIP #3130AXLQ9
10/25/23 Government Security Aaa 4.89%500,000 2,532 502,532 526,370 23,838
10/27/28 Iowa State Bank
Clarksville, IA
10/27/23 Certificate of Deposit n/a 4.70%249,000 n/a 249,000 259,774 10,774
11/14/28 Wells Fargo Bank
Sioux Falls, SD
11/14/23 Certificate of Deposit n/a 5.05%248,000 n/a 248,000 262,121 14,121
11/16/28 Federal Home Loan Bank
CUSIP #3130AFFX0
12/12/23 Government Security Aaa 4.29%500,000 (19,432) 480,568 494,195 13,627
12/01/28 Sulphur Springs CA Uni Sch District
CUSIP #865485EL6
12/07/23 Municipal Security A2 4.58%110,000 (10,746) 99,254 101,046 1,792
12/04/28 Federal Agricultural Mtge Corp
CUSIP #31424WCR1
12/12/23 Government Security n/a 4.33%750,000 1,235 751,235 770,400 19,165
12/04/28 Federal Farm Credit Bank
CUSIP #3133EHZ48
05/08/24 Government Security Aaa 4.49%194,000 (12,614) 181,386 187,676 6,290
01/18/29 Federal Farm Credit Bank
CUSIP #3133EPW84
01/19/24 Government Security AA+4.04%750,000 (4,764) 745,236 757,253 12,017
4.40%
4.90%
4.50%
4.55%
4.55%
4.50%
4.50%
4.65%
4.85%
5.03%
4.70%
5.05%
3.25%
1.97%
4.38%
2.77%
3.88%
47 of 168
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/COST OF MARKET UNREALIZED
DATE (ISSUER)DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT)INVESTMENT VALUE GAIN / (LOSS)
01/26/29 Old Dominion National Bank
North Garden, VA
01/26/24 Certificate of Deposit n/a 3.85%3.85%249,000 n/a 249,000 251,662 2,662
01/26/29 Parkside Financial Bank
Clayton, MO
01/26/24 Certificate of Deposit n/a 3.85%3.85%249,000$ n/a 249,000$ 251,662$ 2,662$
02/13/29 Federal Farm Credit Bank
CUSIP #3133EP3B9
02/14/24 Government Security AA+4.13%4.28%1,250,000 (7,409) 1,242,591 1,276,163 33,572
03/09/29 Federal Home Loan Bank
CUSIP #3130AVBD3
04/10/24 Government Security AA+4.50%4.47%1,000,000 1,066 1,001,066 1,035,770 34,704
04/10/29 Federal Farm Credit Bank
CUSIP #3133ERAK7
04/17/24 Government Security AA+4.38%4.71%1,000,000 (13,368) 986,632 1,031,960 45,328
05/01/29 Pasadena CA Ref Taxable
CUSIP #70227RBQ2
05/03/24 Municipal Security Aaa 2.30%4.95%330,000 (35,555) 294,445 305,418 10,973
05/15/29 Federal National Mortgage Assn
CUSIP #31359MEU3
05/16/24 Government Security AA+6.25%4.36%750,000 58,789 808,789 834,240 25,451
06/08/29 Federal Home Loan Bank
CUSIP #3130B1BC0
06/11/24 Government Security Aaa 4.63%4.49%1,000,000 5,511 1,005,511 1,042,980 37,469
06/12/29 Morgan Stanley Private Bank
National Association
06/12/24 Certificate of Deposit n/a 4.70%4.70%244,000 n/a 244,000 255,192 11,192
07/05/29 Federal Farm Credit Bank
CUSIP #3133ERKJ9
07/11/24 Government Security Aaa 4.38%4.18%1,000,000 8,299 1,008,299 1,033,320 25,021
07/17/29 BNY Mellon
National Association
07/17/24 Certificate of Deposit n/a 4.15%4.15%244,000 n/a 244,000 249,427 5,427
08/01/29 Federal Farm Credit Bank
CUSIP #3133ERNC1
08/14/24 Government Security Aaa 4.13%3.66%1,000,000 20,618 1,020,618 1,022,740 2,122
08/21/29 The Citizens Bank
Batesville, AR
08/21/24 Certificate of Deposit n/a 4.60%4.60%249,000 n/a 249,000 249,762 762
09/01/29 California State
CUSIP #13063EBP0
09/18/24 Municipal Security Aa2 5.13%3.59%500,000 34,386 534,386 530,300 (4,086)
Total Funds Managed by the City 69,170,238 (552,090) 68,618,148 68,718,733 100,585
City of Atascadero
Investment Report
September 30, 2024
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Investment September 2024
LAIF 7,950,889$
Money Market 4,255,349
Certificates of Deposit 17,593,429
Government Securities 27,802,627
Municipal Securities 9,506,672
Supranational Securities 1,509,182
Cash with Fiscal Agent 1,494,608
70,112,756$
LAIF
11%
Money Market
6%
Certificates of Deposit
25%
Government Securities
40%
Municipal Securities
14%
Supranational
Securities
2%
Cash with
Fiscal Agent
2%
LAIF Money Market Certificates of Deposit Government Securities
Municipal Securities Supranational Securities Cash with Fiscal Agent
City of Atascadero
Investments by Type
September 2024
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Investment September 2024
On Demand 12,206,238$
Within One Month 500,167
One Month to One Year 8,395,395
One to Five Years 47,516,348
68,618,148$
* Cash with fiscal agent is not included in the totals for this graph because the amounts are restricted based on
bond covenants, and therefore, the City doesn't retain the option to liquefy these funds at will.
On Demand
18%
Within One Month
<1%
One Month to One Year
12%
One to Five Years
69%
On Demand Within One Month One Month to One Year One to Five Years
City of Atascadero
Investments by Maturity *
September 2024
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Custodial Agent September 2024
State of California 7,950,889$
US Bank 56,411,910
Bank of New York 1,494,608
Mechanics Money Market 4,255,349 Other
70,112,756$
State of California
11%
US Bank
81%
Bank of New York
2%
Mechanics Money
Market
6%
State of California US Bank Bank of New York Mechanics Money Market
City of Atascadero
Investments by Custodial Agent
September 2024
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City of Atascadero
Investment Yield vs. 2-Year Treasury Yield
For the Quarter Ended September 30, 2024
City Yield
2-Yr Treasury
Weighted
Portfolio Yield
September 2022 1.73%2.45%
December 2022 2.19%2.63%
March 2023 2.53%2.93%
June 2023 2.68%3.17%
September 2023 2.95%3.20%
December 2023 3.12%3.10%
March 2024 3.23%3.20%
June 2024 3.68%3.67%
September 2024 3.53%3.39%
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
4.00%
City Yield 2-Yr Treasury Weighted Portfolio Yield
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CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A7
Department: Community
Development
Date: 12/10/2024
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: PHIL DUNSMORE, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: KELLY GLEASON, PLANNING MANAGER
SUBJECT: Newton Development Agreement (DEV24-0075)
RECOMMENDATION:
Council adopt on second reading, by title only, Draft Ordinance to approve a Development
Agreement between Scott Newton and the City of Atascadero , amend Title 9 to establish
development agreement overlay zone DA1, and amend the official zoning map to establish DA1
on the subject property, and certify the proposed Mitigated Negative Declaration prepared for
the properties located at 11450 Viejo Camino and 11505 El Camino Real .
DISCUSSION:
The owner of the subject properties, Scott Newton, has requested that the City enter into a De-
velopment Agreement to allow for and facilitate future development of the site with up to 42
residential units. A development agreement is a legally binding contract between a property
owner and a local government that outlines the terms and conditions for a development project.
Under Government Code Section 65867, the Planning Commission was required to conduct a
public hearing on development agreements. The Commission reviewed the proposed agreement
on October 15, 2024, and voted to recommend the Council adopt the agreement. The Develop-
ment Agreement will set standards, land uses, and expectations for future site development and
acts outside of the existing zoning code but remains consistent with the General Plan.
The City Council heard the item at the December 2, 2024, meeting and introduced the draft
ordinance for first reading on a 5-0 vote.
FISCAL IMPACT:
None
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REVIEWED BY OTHERS:
This report and the draft Development Agreement has been reviewed by the City Attorney,
Planning staff, and City Engineer.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENTS:
1. Draft Ordinance
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DRAFT ORDINANCE
ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, ADOPTING A DEVELOPMENT
AGREEMENT BETWEEN SCOTT NEWTON AND THE CITY OF
ATASCADERO, AMENDING TITLE 9 OF THE ATASCADERO
MUNICIPAL CODE TO ESTABLISH DEVELOPMENT AGREEMENT
OVERLAY ZONE DA1, AMEND THE OFFICIAL ZONING MAP TO
ESTABLISH DA1 ON THE SUBJECT PROPERTY, AND CERTIFYING THE
PROPOSED MITIGATED NEGATIVE DECLARATION PREPARED FOR
11450 VIEJO CAMINO AND 11505 EL CAMINO REAL
NEWTON DEVELOPMENT AGREEMENT
(DEV24-0075)
WHEREAS, Scott Newton (“Owner”) is the owner of real property located at 11450 Viejo
Camino (APN 045-342-009) and 11505 El Camino Real (APN 045-342-010) within the City (the
“Property”).
WHEREAS, in 2018, Owner applied for a use permit to permit a self-storage facility on
the Property (“Project 1”) which was denied by City Council on appeal; and
WHEREAS, in 2020, Owner applied for a second use permit to permit a modified self-
storage facility on the Property (“Project 2”) which was denied by City Council on appeal; and
WHEREAS, Owner subsequently filed litigation against the City, alleging various claims
against City over City’s application and hearing process; and
WHEREAS, On September 9, 2021, Owner amended his writ petition, withdrawing all
claims against individual Council Members; and
WHEREAS, in April of 2023, the Court ruled in favor of the City in regards to the First
and Second causes of action in Owner's Complaint, and thereafter granted City’s Motion for
Judgment on the Pleadings on the Third and Fourth causes of action regarding Owner’s petition
for writ of mandate; Owner appealed those rulings on November 28, 2023; and
WHEREAS, the City Council agreed to accept and process an application for a
development agreement (“Project”) as part of a settlement agreement with Owner arising out of
the litigation commenced by Owner against the City; and
WHEREAS, the settlement agreement provided that the development agreement would be
processed pursuant to State law and any applicable local requirements; and
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WHEREAS, Government Code Section 65865 allows the City to enter into development
agreements with any person having a legal or equitable interest in real property; and
WHEREAS, Government Code Section 65867.5 requires a development agreement be
adopted by ordinance; and
WHEREAS, an Overlay Zone is being processed concurrently to tie the development
Agreement to the subject Property; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Draft
Development Agreement and associated entitlements was held by the Planning Commission of the
City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of
said application; and
WHEREAS, The Planning Commission held a duly noticed public hearing to consider the
Project on October 15, 2024 and considered testimony and reports from staff and the public.
WHEREAS, after due study and deliberation, the Planning Commission found that the
draft development agreement is consistent with the General Plan, and that it contains those
matters required in a development agreement by State law; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct and incorporated herein as
if set forth in full.
SECTION 2. Public Hearings. The City Council of the City of Atascadero, at a Public
Hearing held on December 2, 2024, considered testimony and reports from staff and the public
and introduced for first reading, by title only, an Ordinance adopting a Development Agreement,
amending Title 9 of the Atascadero Municipal Code and amending the official Zoning Map.
SECTION 3. Facts and Findings. The City Council makes the following findings and
determinations for approval of the proposed actions:
A. Findings for Development Agreement:
1. FINDING: The Development Agreement is consistent with the General Plan
FACT: The Development Agreement requires that any future development be
consistent with the General Plan designation for the property based on proposed use.
The Agreement requires that the applicant/owner process a future General Plan
Amendment prior to property development should the residential use not be consistent
with the General Plan Designation in pace at the time of development application.
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B. Findings for Zone Text and Map Amendment:
1. FINDING: The proposed project or use is consistent with the General Plan, and all
other applicable ordinances and policies of the City.
FACT: The proposed amendments are consistent with the General Plan. The project
site is designated Public and the Development Agreement requires any future
residential project to be consistent with the General Plan Designation at the time of
application.
2. FINDING: The establishment and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing or
working in the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and
FACT: The amendment will not change the use or character of the neighborhood and
will not be detrimental to the health, safety, or welfare of the general public or residents
within the project.
3. FINDING: The proposed project or use will not be inconsistent with the character or
the immediate neighborhood or contrary to its orderly development; and
FACT: The proposed amendments are consistent with the character of the
neighborhood.
4. FINDING: The proposed zone change will not create any new significant and
unavoidable impacts to traffic, infrastructure, or public service impacts; and
FACT: The proposed DA#1 overlay zone will allow for future development of the site
with residential units. The corresponding Zoning Map amendment and adoption of a
Development Agreement will result in a residential use that will not generate a
substantial increase in traffic. The proposed future residential project will generate an
insubstantial increase in the volume of traffic.
SECTION 4. CEQA. The City of Atascadero prepared an Initial Study to determine if
the proposed project would have a significant adverse effect on the environment. The Initial
Study found that no impacts of significance were identified. Consequently, a Mitigated Negative
Declaration was prepared for the Project. Adoption of Mitigated Negative Declaration No. EDN
2024-0011 will satisfy the requirements of CEQA for the adoption of the Development
Agreement and Mitigated Negative Declaration No. EDN 2024-0011 is hereby certified and
adopted.
SECTION 5. Approval. The Development Agreement attached hereto as Exhibit “A” is
hereby approved and the City Manager is directed to execute the Agreement on behalf of the City.
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The City Manager is further authorized to make such minor amendments to the Development
Agreement as are necessary to carry out the intent of the Development Agreement. Not later than
ten (10) business days after the effective date of this Ordinance, the City Clerk is directed to record
the Development Agreement with the San Luis Obispo County Recorder’s office. The text
amendments to Title 9 of the Atascadero Municipal Code attached hereto as Exhibit “B”, and the
Zoning Map amendment attached hereto as Exhibit “C”, are approved to establish an Overlay Zone
on the Property in substantial conformance with Exhibit A.
SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance
be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth
in this Ordinance.
SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code
or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring before this
Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero
Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such
previous Atascadero Municipal Code provision or other City Ordinance to remain in full force
and effect for all purposes.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
INTRODUCED at a special meeting of the City Council held on December 2, 2024, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of
California, on December 10, 2024.
CITY OF ATASCADERO:
_____________________________
Heather Moreno, Mayor
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ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Dave Fleishman, City Attorney
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1
NEWTON DEVELOPMENT AGREEMENT
1.0 Recitals
1.1 Legal Authority for a Development Agreement. Pursuant to California
Government Code sections 65864-65869.5 (the “Development Agreement
Statute”) the City of Atascadero (“City”) hereby enters into this Development
Agreement (hereinafter "Agreement") with Scott Newton (“Owner”). The
effective date of this Agreement (“Effective Date”) shall be the 31st day following
the date on which the ordinance approving this Agreement is adopted by City.
1.2 Owner’s Interest. Owner currently holds a legal and/or equitable interest in
certain real property located within the City, consisting of approximately 4.32
acres in two legal parcels, and as more particularly described in Exhibit “A” (the
“Property”). Owner proposes to develop the Property with a maximum of 42
residential units, with a height of no more than 30 feet with an additional four
feet for architectural and enhanced roof design elements, however conflgured,
with associated improvements, drainage and fiood control facilities, and
modiflcation of a drainage channel on the Property to provide fiood control and
habitat enhancement (the “Project;” the Project is shown and described in more
detail in the plans attached as Exhibit “B”). The Project shall meet all applicable
local, state, and federal requirements unless speciflcally detailed in this
Agreement, including Objective Design Standards approved by the City on June
25, 2024.
1.3 Project Approvals. In connection with the Project, Owner submitted an
application on August 20, 2024, which may eventually include a General Plan
Amendment (“GPA”) and a Zoning Change, to accommodate the Project, as well
as a request for processing of this Development Agreement, which Agreement
was approved by the City on December 10, 2024 (“Project Approvals”).
1.4 Scope of Project Approvals. The permitted uses of the Property, the maximum
density and intensity of use, the maximum height, bulk and size of proposed
buildings, provisions for reservation or dedication of land for public purposes
and location and maintenance of on-site and off-site improvements, location of
public utilities, and other terms and conditions of development applicable to the
Property, shall be those set forth in this Agreement, the Project Approvals, any
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amendments to this Agreement or the Project Approvals, and Applicable Rules
as deflned herein.
2.0 Benefits
2.1 City. Under the policies, ordinances and regulations in effect at the time Owner
submitted the application for the Project, the City was faced with litigation over the
development of the Property, the suitability of the existing zoning and General Plan
designations, and the development allowed on the Property under the then-existing zoning.
The Project described in this Development Agreement provides needed housing for the
City, fiood control measures, and necessary street improvements to an important City
Gateway parcel.
2.2 Owner. Under the ordinances and regulations in existence at the time the Owner
submitted the application for the Project, Owner’s right to proceed would not fully vest until
recordation of flnal maps and commencement of substantial construction; however, as
noted herein, Owner was unwilling to dismiss the litigation without the City’s processing of
this Agreement. Owner benefltted because such Project Approvals could be immediately
vested, and Owner was willing to dismiss the litigation and provide such other beneflts to
the City as set forth herein.
3.0 Obligations of Parties.
3.1 City. The City agrees that:
3.1.1 Pursuant to this Agreement, Owner has a vested right to develop the Property and
the Project in accordance with the policies, rules and regulations of the City in effect on
December 10, 2024 (“Applicable Rules”). As set forth herein, “Applicable Rules” shall
include, but not be limited to all state and federal statutory and regulatory provisions
governing use of the Property, the California Environmental Quality Act (“CEQA”) the
environmental mitigation measures required for the Project attached as Exhibit C, and the
rules, regulations and official policies of City, including the plans, municipal codes,
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ordinances, resolutions and other local laws, regulations, fees and policies of City in force
and effect on the Effective Date. Owner agrees to participate in and vote to approve the
annexation to the City’s Community Facilities District No. 2005-1 (Public Services) prior to
issuance of any residential permit or recordation of any subsequent subdivision map,
whichever occurs flrst.
3.1.2 Subject to the City’ s exercise of its police power authority and applicable
limitations on development agreements in state law, the Owner shall have a vested right to:
(i) receive from the City all future development approvals for the Property that are
consistent with the Project Approvals; (ii) not have such approvals be conditioned or
delayed for reasons which are inconsistent with this Development Agreement; and (iii)
develop the Property in a manner consistent with such future development approvals in
accordance with this Development Agreement. Any future development approvals for the
Property, including without limitation general plan amendments, zoning changes, or parcel
maps or tract maps, shall upon approval of the City be vested in the same manner as
provided in this Development Agreement. In furtherance of the foregoing, the Owner
retains the right to apportion the uses, intensities and densities, between itself and any
other owners of the Property, upon the sale, transfer or assignment of any portion of the
Property, so long as such apportionment is consistent with the future entitlements
obtained from the City, and this Development Agreement.
3.1.3 City may apply to the Project and the Property any rule, regulation or official policy
of City (including any plan, municipal code, ordinance, resolution or other local law,
regulation, capital facility fee or policy of City) (each a “City Law”) that does not confiict
with Applicable Rules or this Agreement. City shall not, however, without the written
consent of Owner apply to the Project or the Property (whether by initiative, referendum,
imposition of mitigation measures not otherwise required under CEQA or otherwise) any
City Law that is in confiict with the Applicable Rules or this Agreement.
3.1.4 Under this Agreement, Owner has a vested right to develop the Project in
accordance with this Agreement, the Applicable Rules, and in accordance with the Project
Approvals for the Project as described herein, for ten (10) years from the Effective Date of
this Agreement (“Term”) unless this Term is otherwise terminated or extended as set forth
in this Agreement. If any person not party to this Agreement institutes any administrative,
legal, or equitable action or other proceeding challenging the validity of any provision of
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this Agreement, the Term shall be extended for the period of time required for the
administrative, legal, or equitable action or other proceeding to come to a conclusion.
3.1.5 The City and Owner intend that Owner shall have such rights to develop the Project
in accordance with the Project Approvals to the full extent provided for in the Development
Agreement Statute and case law construing or interpreting Development Agreements,
except as expressly modifled by this Agreement.
3.1.6 This Agreement shall be subject to all the requirements and obligations of a
Development Agreement under the Development Agreement Statute. Nothing herein shall
prevent City from applying to the Project standards contained in uniform building,
construction, flre or other uniform codes, as the same may be adopted or amended from
time to time by City, provided that the provisions of any such uniform code shall: (i) Apply to
the Project only to the extent that such code is in effect on a City-wide basis; and (ii) With
respect to those portions of any such uniform code that have been adopted by City without
amendment, be interpreted and applied consistently with the generally prevailing
interpretation and application of such code in California. Nothing herein shall prevent City
from applying to the Project those standards and speciflcations for public improvements
(e.g., streets, storm drainage, parking lots, and driveway widths) that are in effect on a City-
wide basis, as they are adopted or amended from time to time by City, provided that such
standards and speciflcations shall apply to the Project and the Property only to the extent
that they are in effect on a City-wide basis. Notwithstanding the foregoing sentence, Owner
shall not be required to modify the existing drainage culvert beneath Viejo Camino unless
required by applicable state and/or federal agencies.
3.1.7 City agrees that all impact fees within the control of the City shall be those in effect
on the earlier of (a) the effective date of the ordinance approving this Agreement, or (b) the
date on which a complete preliminary application is submitted pursuant to Government
Code Section 65941.1(a). The impact fees shall be subject to annual adjustment each July
1 during the Term of the Development Agreement by the greater of the CPI-U, Los Angeles-
Long Beach-Anaheim, All Urban Consumers, All Items. Owner shall pay any plan check
and inspection fees in effect at the time of permit application(s) with exception of any in-
lieu affordable housing fees or development agreement processing fees, or requirement of
affordable housing units, which are expressly waived under the terms of this Agreement.
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3.1.8 Due to the anticipated affordability of units within the Project, the City agrees that
affordable housing shall not be required, and no affordable housing in lieu fees shall be
assessed against the Project or Owner.
3.1.9 Due to the nature of the project, the City agrees that no traffic improvements shall
be required except as required by this Agreement or as may be required to comply with
CEQA.
3.1.10 City will allow a grading permit and realignment of the water way before submittal of
the development application upon receipt of approvals for water way realignment from
applicable state and/or federal agencies.
3.1.11 Owner may request expedited processing for all construction and building permits
at the rates established in the City’s master fee schedule and/or direct charges from the
outside consulting plan checkers.
3.2 Owner. Owner agrees to the following restrictions and conditions on the Project:
3.2.1 Owner will dismiss the litigation within flve business days after the effective date of
the ordinance approving this Development Agreement. Owner further agrees to develop
the Project in substantial conformity with the application already submitted.
3.2.2 The fioodway shall be retained and the creek shall be designed as a natural feature
and site amenity. If the creek is realigned, the project shall maintain a naturalized creek
alignment and remap the fioodway through FEMA. No channelization of the creek is
allowed through the use of concrete armoring or other man-made structures. Pursuant to
Policy 8.2 of the General Plan, all habitable structures on-site shall maintain a minimum
20-foot setback from the top of bank, or shall be located outside the mapped fioodway,
whichever is greater. All other structures shall maintain a minimum 10-foot setback from
the top of bank.
3.2.3 Owner shall submit the Project’s fiood control measures and drainage channel
improvements on the Property to the California Department of Fish & Wildlife (“CDFW”)
and other appropriate state and federal agencies, as necessary. Owner shall comply with
all requirements imposed and permits issued by such state and federal agencies for fiood
control measures, drainage channel improvements, and biological remediation on the
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Property. City shall not require any modiflcations to the approvals issued by any state
and/or federal agencies.
3.2.4 A hydrology/hydrological drainage report prepared by a licensed civil engineer is
required that demonstrates compliance with stormwater runoff rate control and post-
construction requirements and that no negative impacts will occur to downstream,
upstream, and adjacent properties at time of project submittal.
3.2.5 Access shall be from Viejo Camino and shall align with Bocina Lane to the greatest
extent feasible, or other location mutually agreed upon by the City and Owner.
3.2.6 Frontage improvements shall be required on Viejo Camino to include concrete curb,
gutter, and sidewalk (5-ft.) to accommodate the existing bike lane (5-ft.).
3.2.7 Street trees will be provided at a maximum spacing of 30-feet on-center to be
planted behind sidewalk along Viejo Camino, and along El Camino Real outside the City’s
current right-of-way. Naturalized tree groupings may be permitted at a distance greater
than 30 feet.
3.2.8 The project will design and construct and dedicate a vehicular access and public
utilities easement for city maintenance needs unless alternative access to manholes is
provided through circulation design of the project. If the easement remains the primary city
access, the accessway must be constructed of base and built to carry the weight of the
City’s sewer cleaning truck. Owner shall dedicate an additional flve-foot wide easement
immediately adjoining the existing easement, on the southern Property boundary line, to
ensure the City has unobstructed access to the existing easement once the fioodway
realignment has occurred. Owner agrees that the top of bank of the realigned fioodway
shall be a minimum of seven and one-half (7.5) feet from the City’s existing sewer line in the
easement.
3.2.9 All new and relocated utilities on the Project site will be undergrounded.
3.2.10 A pedestrian connection across the creek shall be provided internal to the project.
3.2.11 Creek crossings for both vehicles and pedestrians may utilize precast concrete or
HDPC culverts and will not be deemed as “channelization.”
3.2.12 Except as set forth in Section 4.1, Owner agrees that he shall not develop the
Property with more than 42 residential units, nor shall he apply for a density bonus or other
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waivers, incentives or concessions pursuant to Government Code Section 65915 or
subsequently adopted similar statutes that require a public agency to grant density
bonuses for specifled reasons.
3.2.13 Owner acknowledges and agrees that the terms and provisions of this Agreement
speciflcally permit City in some instances to impose requirements upon the Project that
City would not otherwise be able to impose due to a lack of nexus, rough proportionality or
reasonable relationship between the Project and such requirement or other reasons. To the
extent any such requirement is imposed by City upon the Project consistently with the
terms and provisions of this Agreement, Owner waives any right to challenge the
imposition of such requirement by City.
4.0 Project Development
4.1 Confiicting enactments. Except as otherwise provided herein, any change in the
Applicable Rules, including, without limitation, any change in any applicable general, area
or speciflc plan, zoning, subdivision or building regulation, adopted or becoming effective
after the Effective Date, including, without limitation, any such change by means of an
ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any
reason whatsoever and adopted by the City Council, the Planning Commission or any other
board, commission or department of City, or any officer or employee thereof, or by the
electorate, as the case may be, which would, absent this Agreement, otherwise be
applicable to the Project and which would confiict in any way with, be more restrictive, or
impose greater obligations or burdens on Owner, than the Applicable Rules (“Subsequent
Rules”), shall not be applied by City unless both Owner and City consent in writing.
However, should subsequent City action result in an increase in allowable density, and the
Project has not been completed, the increased density shall apply to the Project.
4.2 Expiration. Following the expiration of the ten-year Term of this Agreement, this
agreement shall be deemed terminated and of no further force and effect except as to
actions arising from enforcement of its terms during the Term; provided, however, such
termination shall not affect any right or duty arising from City approvals, and provided that
any ongoing construction work being performed pursuant to the Project Approvals shall be
allowed to be completed pursuant to the Applicable Rules notwithstanding the termination
of this Agreement.
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4.3 Term of Maps and Other Project Approvals. Pursuant to California Government Code
Sections 66452.6(a) and 65863.9, the term of any subdivision or parcel map that may be
processed on all or any portion of the Project, and the term of each of the Project Approvals
shall be extended for a period of time equal to the Term of this Agreement as set forth in
Section 3.1.4.
4.4 Timing of Development. Because the California Supreme Court held in Pardee
Construction Co. v. County of Camarillo (1984), 37 Cal.3d 465, that failure of the parties
therein to provide for the timing of development resulted in a later-adopted initiative
restricting the timing of development to prevail over such parties’ agreement, it is the
parties’ intent to cure that deflciency by acknowledging and providing that Owner shall
have the right (without obligation) to develop portions of the Project in such order and at
such rate and at such times as Owner deems appropriate within the exercise of its
subjective business judgment. City shall not attempt to limit or restrict the timing of
development of the Project except in accordance with the terms of this Agreement.
4.5 Owner shall complete the Project not later than twelve (12) years after the Effective
Date. Should Owner fail to complete construction on the Project within this time period,
absent an agreed-upon extension of this Agreement, which shall not be unreasonably
withheld by City, Owner’s right to develop the Property as set forth herein shall lapse and
be of no further force or effect. Notwithstanding anything to the contrary in Section 4.2, this
section shall survive any termination of the Agreement.
4.6 Moratoria/Initiatives. No City-imposed moratorium or other limitation relating to the
rate, timing or sequencing of the development or construction of all or any part of the
Project, whether imposed by ordinance, initiative, resolution, policy, order or otherwise,
and whether enacted by the City Council, the Planning Commission, an agency of City, the
electorate, or otherwise, affecting parcel or subdivision maps (whether tentative, vesting
tentative or flnal), building permits, occupancy certiflcates or other entitlements to use or
service (including, without limitation, water and sewer unless such water or sewer
moratoria or other limitations are imposed City-wide to protect the public health, safety
and welfare) approved, issued or granted within City, or portions of City, shall apply to the
Project.
4.7 Vesting of Owner’s Rights. The rights to the Applicable Rules and entitlements
pursuant to Project Approvals granted to Owner pursuant to this Agreement shall be and
constitute “vested rights” or the equivalent of “vested rights” applicable to the
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development of land and property and the right of a public entity to regulate or control such
development of land or property, including, without limitation, vested rights to land use
permits, building permits and certiflcates of occupancy consistent therewith, unless the
City determines that failure to apply a new ordinance or regulation would place the
residents of the Project or other residents of the City in a condition of substantial danger to
their health or safety, or both. In such an instance, the City may condition or deny an
entitlement, permit, extension or approval as may be necessary to comply with later
enacted State or Federal laws regulations.
4.8 Future Amendments. In the future, there may be a need to make minor changes to
the Modifled Project Approvals, which minor changes will not signiflcantly modify the
Project, and which may be required to properly implement the Project Approvals. The
parties agree that such minor modiflcations shall not be considered amendments to this
Agreement, and they shall be allowed on approval of the Planning Director without notice
and public hearings, or placement upon the agenda of the Planning Commission or the City
Council. “Minor modiflcation” is deflned as any modiflcation to the Project which will result
in cost increases of less than $250,000.00, or any mutually agreed upon modiflcation.
4.9 Cooperation. The provisions of this Agreement require a close degree of good faith
cooperation between the City and Owner. Implementation of the Project may require minor
modiflcations of the details of the Project and affect the performance of the parties to this
Agreement. The anticipated reflnements of the Project and the development of the
Property may require that appropriate clariflcations and reflnements are made to this
Agreement with respect to the details of the performance of the City and the Owner which
shall be considered by both parties in good faith. The parties desire to retain a certain
degree of fiexibility with respect to those items covered in general terms under this
Agreement so long as the exercise of such fiexibility does not result in a material change to
either of the parties’ reasonable expectations consistent with the purpose of this
Agreement. Except as the parties may otherwise agree, no amendment of this
Development Agreement shall be required in connection with the issuance of any future
Project approval.
5.0 Cooperation of Implementation.
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5.1 Further Assurances: Covenants to Sign Documents. Each party shall take all actions
and do all things, and execute, with acknowledgment or affidavit, if required, any and all
documents and writings, that may be necessary or proper to achieve the purposes and
objectives of this Agreement.
5.2 Processing by City. Upon satisfactory completion by Owner of all required
preliminary actions and payments of appropriate processing fees, if any, City shall process
the Project subject to all legal requirements, initiate process, complete at a reasonable
time all required steps, and grant ministerial approvals or permits necessary for the
development by Owner of the Project in accordance with this Agreement, including but not
limited to, the processing of applications for and issuing of all ministerial approvals
required for the implementation of and the determination of conformance with the Project
Approvals, this Agreement, and Applicable Rules as necessary for the completion of the
development of the Project (“Ministerial Approvals”).
5.3 Processing during litigation. The flling of any third-party lawsuit(s) against City or
Owner relating to this Agreement or to other development issues affecting the Project shall
not delay or stop the development, processing or construction of the Project, or issuance
of Ministerial Approvals, unless the third party obtains a court order enjoining or otherwise
preventing the activity. City shall not stipulate the issuance of any such order.
5.4 Defense of Agreement. Owner shall indemnify, and offer to defend (with counsel
jointly selected by Owner and City,) and hold harmless City and its officers, employees and
agents from and against any and all losses, liabilities, flnes, penalties, costs, claims,
demands, damages, injuries or judgments arising out of, or resulting from, City’s approval
of this Agreement or either Party’s performance pursuant to this Agreement. Owner shall
seek and secure City’s consent to any settlement of such action only if such settlement
materially changes the Project or the Property, which consent shall not unreasonably be
withheld or delayed. Owner agrees that Owner’s counsel will not disclose any information
confldential to the City, gained during such defense, in any future proceedings where City
may be adverse to Owner or Owner’s counsel, including quasi-judicial, or administrative
proceedings. City further irrevocably agrees not to assert any representation in such
defense by Owner’s counsel as a potential confiict of interest in any future quasi-judicial,
or administrative proceeding, where City is a permitting agency, not related to the Project,
and City hereby irrevocably waives any actual or potential confiict of interest under such
circumstances. If this Agreement is adjudicated or determined to be invalid or
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unenforceable, City agrees, subject to all legal requirements, to consider modiflcations to
this Agreement to render it valid and enforceable to the extent permitted by applicable law.
5.5 Indemnity Arising From Construction. Owner shall defend and indemnify City from
and against any and all damages, claims, costs and liabilities arising out of the personal
injury or death of any person, or damage to the property of any person, to the extent such
damages, claims, costs or liabilities result from the construction of the Project by Owner or
by Owner’s contractors, subcontractors, agents or employees, except as caused by the
sole negligence, active negligence or willful misconduct of City, its officers, employees,
contractors, consultants or agents.
5.6 Failure to Accept Tender of Defense. If Owner should fail to accept City’s tender of
defense as set forth in Sections 5.4 and 5.5, City shall defend any actions asserted against
City and control the defense and/or settlement of such action as City decides in its sole
discretion, and City may take any and all actions it deems necessary and appropriate in its
sole discretion in connection therewith. Owner shall indemnify City against reasonable
fees and costs arising out of the City’s defense of such action. In any action or proceeding
challenging the approval of this Agreement, the City shall reasonably cooperate with
Owner in defending such action or proceeding. Notwithstanding the foregoing, if Owner
determines for any reason that it no longer intends to develop the Project, then it may
deliver notice of such determination to City, and Owner shall not be liable for any defense
costs incurred by City more than 90 days following the delivery of such notice.
5.7 City Cooperation and Discretion. City agrees to cooperate with Owner in obtaining
the approval of other public agencies by providing any documents or certiflcates
reasonably required to process and obtain such permits and approvals from other public
agencies. City retains full discretion in any future discretionary actions with respect to the
Project consistent with the Applicable Rules and section 5.6 herein.
6.0 General Provisions
6.1 Covenants Run with the Land. All of the provisions, agreements, rights, powers,
standards, terms, covenants and obligations contained in this Agreement shall be binding
upon the parties and their respective heirs, successors (by merger, reorganization,
consolidation or otherwise) and assigns, devises, administrators, representatives, lessees,
and all other persons acquiring the Project, or any portion thereof, or any interest therein,
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whether by operation of law or in any manner whatsoever, and shall inure to the beneflt of
the parties and their respective heirs, successors and assigns. All of the provisions of this
Agreement shall constitute covenants running with the land pursuant to applicable laws,
including, but not limited to, Civil Code Section 1468.
6.2 Transfer and Assignment. Right to Assign. Owner shall have the right to sell, assign
or transfer all or portions of the real property comprising the Project to any person at any
time during the Term of this Agreement. Upon the delegation of all duties and obligations
and the sale, transfer or assignment of all or any portion of the Property, Owner shall be
released from its obligations under this Agreement with respect to the Property, or portion
thereof so transferred, arising subsequent to the effective date of such transfer if all of the
following are true: (i) Owner has provided to City flfteen (15) business days’ written notice
of such transfer (ii) the transferee has agreed in writing to be subject to all of the provisions
hereof applicable to the portion of the Property so transferred (iii) owner is not in default of
this Agreement (iv) no such partial transfer shall violate the Subdivision Map Act,
Government Code Section 66410 et seq., and (v) the City Council agrees to release the
Owner from its duties and obligations under this agreement, which release shall not be
unreasonably withheld. As to item (v) above, City’s failure to respond within 30 days of the
receipt of notice shall be deemed an agreement to release the Owner. Upon any transfer of
any portion of the Property and the express assumption of Owner’s obligations under this
Agreement by such transferee, City agrees to look solely to the transferee for compliance
by such transferee with the provisions of this Agreement as such provisions relate to the
portion of the Property acquired by such transferee. A default by any transferee shall only
affect that portion of the Property owned by such transferee and shall not cancel or
diminish in any way Owner’s rights hereunder with respect to any portion of the Property
not owned by such transferee. The transferee shall be responsible for the reporting and
annual review requirements relating to the portion of the Property owned by such
transferee, and any amendment to this Agreement between City and a transferee shall only
affect the portion of the Property owned by such transferee.
6.3 Statement of Compliance. Within sixty days following any written request which
either City or Owner may make from time to time, the other shall execute and deliver to the
requesting party a statement (“Statement of Compliance”) certifying that: (1) this
Agreement has not been modifled and in full force and effect or, if there have been
modiflcations hereto, that this Agreement is in full force and effect, as modifled, and
stating the date and nature of such modiflcations; (2) there are no current known uncured
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defaults under this Agreement or specifying the dates and nature of any such defaults; and
(3) any other reasonable information requested. The failure to deliver such statement
within such time shall be conclusive upon the party which fails to deliver such statement
that this Agreement is in full force and effect without modiflcation and that there are no
uncured known defaults in the performance of the requesting party. The City Clerk shall be
authorized to execute any Statement of Compliance pursuant to this section. City and
Owner may make only one request for a Statement of Compliance, respectively, within any
twelve-month period beginning at the Effective Date or the date of an immediate past
request by the requesting party, whichever occurred last. City shall not be bound by a
statement of compliance if a default existed at the time of execution but was concealed
from the City.
6.4 Default. Failure by City or Owner to perform any term or provision of this Agreement
for a period of sixty days, subject to extensions to time by mutual consent in writing, from
the receipt of written notice thereof from the other shall constitute a default under this
Agreement. Said notice shall specify in detail the nature of the alleged default and the
manner in which said default may be satisfactorily cured. If the nature of the alleged
default is such that it cannot reasonably be cured within such 60-day period, the
commencement of the cure within such time period and the diligent prosecution to
completion of the cure shall be deemed a cure within such period. Subject to the
foregoing, after notice and expiration of the 60-day period without cure, the notifying party,
at its option, may institute legal proceedings pursuant to this Agreement and/or give notice
of intent to terminate this Agreement, in the manner provided by Government Code Section
65867 for adoption of a development agreement.
6.5 Default Remedies. In addition to that provided for in Section 6.4, in the event either
party defaults (as deflned in Section 6.4) under the terms of this Agreement, the other party
shall have all rights and remedies provided herein or under applicable law, including the
speciflc performance of this Agreement.
6.6 Legal Action. Any party may, in addition to any other rights or remedies, institute
legal action to cure, correct or remedy any default, enforce any covenant or agreement
herein, enjoin any threatened or attempted violation hereof, or enforce by speciflc
performance the obligations and rights of the parties hereto. Venue in any legal action
instituted in the Superior Court of the State of California shall be San Luis Obispo County.
Venue in any legal action instituted in United States District Courts shall be in the Central
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District of California. Owner hereby consents to personal jurisdiction in these respective
courts for that purpose.
6.7 Waiver & Remedies. Failure by City or Owner to insist upon the strict performance of
any of the provisions of this Agreement, irrespective of the length of time for which such
failure continues, shall not constitute a waiver of the right to demand strict compliance
with this Agreement in the future. No waiver by City or Owner of a default or breach of any
other party shall be effective or binding upon it unless made in writing, and no such waiver
shall be implied from any omission by City or Owner to take any action with respect to such
default or breach. No express written waiver of any defaults or breach shall affect any other
default or breach, or cover any other period of time, other than any default or breach and/or
period of time specifled in such express waiver. One or more written waivers of a particular
default or breach under any provision of this Agreement shall not be a waiver of any
subsequent default or breach of that provision or the performance of the same or any other
term or provision contained in this Agreement. Subject to notice of default and opportunity
to cure under Section 6.4, all of the remedies permitted or available under this Agreement,
at law or in equity, shall be cumulative and alternative, and invocation of any such right or
remedy shall not constitute a waiver or election of remedies with respect to any other
permitted or available right or remedy.
6.8 Non-Recourse. The obligations of Owner under this Agreement shall be without
recourse to the assets of the general partners or of any general partner, officer,
shareholder, director, unit holder or employee of Owner or any general partner of Owner.
6.9 Permitted Delays & Supersedure By Subsequent Laws.
6.9.1 Permitted Delays. In addition to any speciflc provisions of this Agreement,
performance of obligations hereunder shall be excused and the Term of Agreement shall be
similarly extended during any period of delay caused at any time by reason of: acts of God,
such as fioods, earthquakes, flres, or similar catastrophes; wars, riots or similar hostilities;
strikes and other labor difficulties beyond the party’s reasonable control (including the
party’s employment force); the enactment of new laws or restrictions imposed or
mandated by other governmental or quasi-governmental entities preventing this
Agreement from being implemented; litigation involving this Agreement, the Project
Approvals, or the Ministerial Approvals, which directly or indirectly delays any activity
contemplated hereunder or other causes beyond the party’s reasonable control. City and
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Owner shall promptly notify the other party of any delay hereunder as soon as possible
after the nature and duration of such delay has been ascertained.
6.9.2 Supersedure by Subsequent Laws. If any federal or state law, made or enacted after
the Effective Date prevents or precludes compliance with one or more provisions of this
Agreement, then the provisions of this Agreement shall, to the extent feasible, be modifled
or suspended as may be necessary to comply with such new law. Immediately after
enactment or promulgation of any such new law, City and Owner shall meet and confer in
good faith to determine the feasibility of any such modiflcation or suspension based on the
effect such modiflcation or suspension would have on the purposes and intent of this
Agreement. Owner and City shall have the right to challenge the new law preventing
compliance with the terms of this Agreement, and in the event such challenge is
successful, this Agreement shall remain unmodifled and in full force and effect. Owner and
City, by mutual consent, may elect to extend the term of this Agreement for the duration of
the period during which such new law precludes compliance with the provisions of this
Agreement.
6.10 Amendments. This Agreement may be amended from time to time by mutual
consent of the parties to this Agreement, in accordance with the provisions of Government
Code sections 65867 and 65868, unless compliance with those sections is excused under
the terms of Paragraph 4.7, above.
6.11 Annual Review of Agreement. Pursuant to Government Code Section 65865.1, the
annual review date for this Agreement (the “Review Date”) shall be one year following the
Effective Date and the annual anniversary of said date each year thereafter. The City’s
Planning Department shall initiate the annual review by giving to Owner, no later than sixty
(60) days following the Review Date, written notice that the City intends to undertake such
review for the annual period ending with the Review Date. Owner shall be required to pay to
City such fees as are established by City Council resolution for the annual review of a
development agreement, if any. Such fees shall be limited to the reasonable costs
incurred by the City in conducting the Annual Review, if any. Owner shall provide evidence
of good faith compliance with the terms and conditions of this Agreement to the Planning
Department within thirty (30) days following receipt of the Planning Department’s notice.
The Planning Department shall review the evidence submitted by Owner and shall, within
thirty (30) days following receipt of Owner’s evidence, make a recommendation to the City
Council either (1) that the City Council flnd that Owner has demonstrated good faith
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compliance with the terms and conditions of this Agreement, or (2) that the City Council
flnds that Owner has not demonstrated good faith compliance with the terms and
conditions of this Agreement, setting forth with speciflcity the basis on which the Planning
Department makes its recommendation of a flnding of non-compliance. In the event the
City Council flnds that Owner has not demonstrated good faith compliance with the terms
and conditions of this Agreement, City may terminate this agreement pursuant to
Government Code Section 65865.1. In the event that City does not initiate an annual review
or that the City Council does not make its determination within six months of the Review
Date for a given year, then it shall be deemed conclusively that Owner has complied in
good faith with the terms and conditions of this Agreement during the period under review.
7.0 Miscellaneous Provisions
7.1 Incorporation of Recitals and Exhibits. Exhibits A through C attached hereto and
referred to herein are incorporated in this Agreement as though fully set forth in the body
hereof.
7.2 Negation of Partnership. The Project constitutes private development, neither City
nor Owner is acting as the agent of the other in any respect hereunder, and City and Owner
are independent entities with respect to the terms and conditions of this Agreement. None
of the terms or provision of this Agreement shall be deemed to create a partnership
between or among the parties in the businesses of Owner, the affairs of City, or otherwise,
nor shall it cause them to be considered joint ventures or members of any joint enterprise.
7.3 No Third party beneflciary. This Agreement is not intended, nor shall it be construed,
to create any third-party beneflciary rights in any person who is not a party, unless
expressly otherwise provided.
7.4 Entire Agreement. This Agreement as augmented by the Project Approvals sets forth
and contains the entire understanding and agreement of the parties, and there are no oral
or written representations, understandings or ancillary covenants, undertakings or
agreements which are not contained or expressly referred to herein. No testimony or
evidence of any such representations, understandings or covenants shall be admissible in
any proceeding of any kind or nature to interpret or determine the terms or conditions of
this Agreement.
7.5 Severability. Invalidation of any of the provisions contained in this Agreement, or of
the application thereof to any person, by judgment or court order shall in no way affect any
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of the other provisions hereof or the application thereof to any other person or
circumstance, and the same shall remain in full force and effect, unless enforcement of
this Agreement, as so invalidated, would be unreasonable or grossly inequitable under all
the circumstances or would frustrate the purposes of this Agreement and the rights and
obligations of the parties hereto.
7.6 Construction. The provisions of this Agreement and the Exhibits hereto shall be
construed as a whole according to their common meaning and not strictly for or against
Owner or City and consistent with the provisions hereof, in order to achieve the objectives
and purposes. Wherever required by the context, the singular shall include the plural and
vice versa, and the masculine general shall include the feminine or neuter genders, or vice
versa.
7.7 Section Headlines. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
7.8 Applicable law. This Agreement shall be construed and enforced in accordance with
the laws of the State of California. This Agreement shall be construed as a whole according
to its fair language and common meaning to achieve the objective and purposes of the
parties hereto and the rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not be employed in interpreting this Agreement, all parties
having been represented by counsel in the negotiation and preparation hereof.
7.9 Notice. Any notice shall be in writing and given by delivering the same in person or
by sending the same registered, or certifled mail, return receipt requested, with postage
prepaid, by overnight delivery, or by facsimile to the respective mailing addresses, as
follows:
City: Mr. Jim Lewis
City Manager
City of Atascadero
6500 Palma Ave
Atascadero CA 93422
Email: jlewis@atascadero.org
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Copy to: David Fleishman
City Attorney
Richards, Watson & Gershon
847 Monterey Street, Ste 206
San Luis Obispo CA
Email: dfieishman@rwglaw.com
Owner: Scott Newton
215 Santa Fe Ave
Pismo Beach CA 93449
Email: Scott@manyflgs.com
Copy to: Kate Neiswender
Law Office of K.M. Neiswender
Post Office Box 1225
Blue Jay CA 92317
Email: katelawventura@gmail.com
City or Owner may change its mailing address at any time by giving written notice of such
change to the other in the manner provided herein at least ten (10) days prior to the date
such change is effected. All notices under this Agreement shall be deemed given, received,
made or communicated on the earlier of the date personal delivery is effected or on the
delivery date or attempted delivery date shown on the return receipt or air bill. Delivery by
email shall not be an effective means of delivering notice; however, any notice provided
should, whenever possible, be given by email as well as other means of allowed delivery.
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7.10 Time is of the essence. Time is of the essence of this Agreement and of each and
every term and condition hereof.
7.11 Recordation. In order to comply with section 65868.5 of the Government Code, the
parties do hereby direct the City Clerk to record a copy of this Agreement against the
Property with the County Recorder of San Luis Obispo County within ten (10) days after the
Effective Date.
7.12 Successors and Assigns. The provisions of this Agreement shall be binding of the
parties hereto, and subsequent owner of all or any portion of the property and their
respective successors and assigns. Any successors in interest to the City shall be subject
to the provisions set forth in sections 65865.4 and 65868.5 of the California Government
Code.
IN WITNESS WHEREOF, OWNER AND CITY have executed this Agreement as of the date
hereinabove written.
CITY OF ATASCADERO
______________________________
Mayor
ATTEST: ___________________________
City Clerk
Approved as to Form:
_____________________________
David Fleishman, City Attorney
OWNER
_____________________________
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Scott Newton
_____________________________
Kate M. Neiswender, Counsel for Owner
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NEWTON DEVELOPMET AGREEMENT EXHIBIT A: LEGAL DESCRIPTION
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NEWTON DEVELOPMENT AGREEMENT EXHIBIT B: PROJECT PLAN
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NEWTON DEVELOPMENT AGREEMENT EXHIBIT C: MITIGATION MONITORING
PROGRAM
MITIGATION MEASURE TIMING
Aesthetics
AES-1.1 All site retaining walls shall be constructed or clad in a natural
looking material that blends with the surrounding site context.
Retaining walls shall be dark colored split face block,
rock/stone clad, or similar material and/or color profile.
Prior to Permit
Issuance
Air Quality
AQ 2-1 The project shall comply with the following SLO APCD
Standard Mitigation Measures for reducing nitrogen oxides
(NOx), reactive organic gases (ROG)and diesel particulate
matter (DPM) emissions from construction equipment:
• Maintain all construction equipment in proper tune
according to manufacturer’s specifications;
• Fuel all off-road and portable diesel-powered
equipment with ARB certified motor vehicle diesel fuel
(non-taxed version suitable for use off-road);
• Use diesel construction equipment meeting ARB's Tier
2 certified engines or cleaner offroad heavy-duty diesel
engines, and comply with the State Off-Road
Regulation;
• Use on-road heavy-duty trucks that meet the ARB’s
2007 or cleaner certification standard for on-road
heavy-duty diesel engines, and comply with the State
On-Road Regulation;
• Construction or trucking companies with fleets that that
do not have engines in their fleet that meet the engine
standards identified in the above two measures (e.g.,
captive or NOx exempt area fleets) may be eligible by
proving alternative compliance;
• All on and off-road diesel equipment shall not idle for
more than 5 minutes. Signs shall be posted in the
designated queuing areas and or job sites to remind
drivers and operators of the 5-minute idling limit;
• Diesel idling within 1,000 feet of sensitive receptors is
not permitted;
• Staging and queuing areas shall not be located within
1,000 feet of sensitive receptors;
• Electrify equipment when feasible;
During
construction
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• Substitute gasoline-powered in place of diesel-
powered equipment, where feasible; and,
• Use alternatively fueled construction equipment on-site
where feasible, such as compressed natural gas
(CNG), liquefied natural gas (LNG), propane or
biodiesel.
AQ 2-2 The project shall comply with the following SLO APCD Fugitive
Dust Mitigation Measures for projects with nearby sensitive
receptors and/or earthwork exceeding 4-acres to minimize
nuisance impacts and to significantly reduce fugitive dust
emissions:
• Reduce the amount of the disturbed area where
possible;
• Use of water trucks or sprinkler systems, in sufficient
quantities to prevent airborne dust from leaving the site
and from exceeding the APCD’s limit of 20% opacity for
greater than 3 minutes in any 60-minute period.
Increased watering frequency would be required
whenever wind speeds exceed 15 mph. Reclaimed
(non-potable) water should be used whenever
possible. Please note that during drought conditions,
water use may be a concern and the contractor or
builder shall consider the use of an APCD-approved
dust suppressant where feasible to reduce the amount
of water used for dust control.
• All dirt stock pile areas should be sprayed daily as
needed;
• Permanent dust control measures identified in the
approved project revegetation and landscape plans
should be implemented as soon as possible following
completion of any soil disturbing activities;
• Exposed ground areas that are planned to be reworked
at dates greater than one month after initial grading
should be sown with a fast germinating, non-invasive
grass seed and watered until vegetation is established;
• All disturbed soil areas not subject to revegetation
should be stabilized using approved chemical soil
binders, jute netting, or other methods approved in
advance by the APCD;
• All roadways, driveways, sidewalks, etc. to be paved
should be completed as soon as possible. In addition,
building pads should be laid as soon as possible after
grading unless seeding or soil binders are used;
During
construction
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• Vehicle speed for all construction vehicles shall not
exceed 15 mph on any unpaved surface at the
construction site;
• All trucks hauling dirt, sand, soil, or other loose
materials are to be covered or should maintain at least
two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance
with CVC Section 23114;
• “Track-Out” is defined as sand or soil that adheres to
and/or agglomerates on the exterior surfaces of motor
vehicles and/or equipment (including tires) that may
then fall onto any highway or street as described in
California Vehicle Code Section 23113 and California
Water Code 13304. To prevent Track Out, designate
access points and require all employees,
subcontractors, and others to use them. Install and
operate a “track-out prevention device” where vehicles
enter and exit unpaved roads onto paved streets. The
track-out prevention device can be any device or
combination of devices that are effective at preventing
track out, located at the point of intersection of an
unpaved area and a paved road. Rumble strips or steel
plate devices require periodic cleaning to be effective.
If paved roadways accumulate tracked out soils, the
track-out prevention device may need to be modified.
• Sweep streets at the end of each day if visible soil
material is carried onto adjacent paved roads. Water
sweepers with reclaimed water should be used where
feasible;
• All of these fugitive dust mitigation measures shall be
shown on grading and building plans; and
• The contractor or builder shall designate a person or
persons to monitor the fugitive dust emissions and
enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible
emissions below 20% opacity, and to prevent transport
of dust offsite. Their duties shall include holidays and
weekend periods when work may not be in progress.
The name and telephone number of such persons shall
be provided to the APCD. Compliance Division prior to
the start of any grading, earthwork or demolition.
AQ 2-3 The Project shall comply with the following SLO APCD Diesel
Idling Restrictions for Construction Phases to reduce air quality
impacts to nearby sensitive receptors:
• Staging and queuing areas shall not be located
within 1,000 feet of sensitive receptors;
Prior to permit
issuance
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• Diesel idling within 1,000 feet of sensitive receptors
is not permitted;
• Use of alternative fueled equipment is
recommended whenever possible; and,
• Signs that specify the no idling requirements must
be posted and enforced at the construction site.
• Idling Restrictions for On-road Vehicles. Signs must
be posted in the designated queuing areas and job
sites to remind drivers of the 5-minute idling limit
consistent with Section 2485 of Title 13, the
California Code of Regulations
• Idling Restrictions for off-Road Equipment. Signs
shall be posted in the designated queuing areas
and job sites to remind off-road equipment
operators of the 5-minute idling limit pursuant to
Section 2449(d)(3) of the ARB’s In-Use off-Road
Diesel regulation.
Biological Resources
BIO 1-1 Pre Construction Surveys for Roosting Bats: Within 30
days prior to removal of existing structures and/or
mature trees, a sunset survey shall be conducted by a
qualified biologist to determine if bats are roosting on
site. If bats are present, a follow-up acoustic monitoring
survey shall be completed to determine, if feasible,
which species are present. If roosts of special-status bat
species are identified and will be impacted during the
proposed project, CDFW will be consulted to determine
appropriate measures to be implemented. If it is
determined that no special-status bats are present, the
project shall proceed under the guidance of a qualified
biologist, in a manner that minimizes impacts to
individual bats and roosts (e.g., conducting work only
during the day or installing one-way exclusions prior to
work).
Prior to permit
issuance
BIO 1-2 Pre Construction Surveys for Nesting Birds: If work is
planned to occur between February 1 and September
15, a qualified biologist shall survey the area for nesting
birds within one week prior to activity beginning on site.
If nesting birds are located on or near the proposed
project site, they shall be avoided until they have
successfully fledged or the nest is no longer deemed
active. A non-disturbance buffer of 50 feet will be placed
Prior to permit
issuance
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27
around non-listed, passerine species, and a 250-foot
buffer will be implemented for raptor species. All activity
will remain outside of that buffer until a qualified biologist
has determined that the young have fledged or that
proposed construction activities would not cause
adverse impacts to the nest, adults, eggs, or young. If
special-status avian species are identified, no work will
begin until an appropriate buffer is determined in
consultation CDFW, and/or the USFWS.
BIO 2-1 Protection of Hydrologic Resources: Construction within
and immediately adjacent to the drainage shall occur only
when conditions are dry. For short-term, temporary
stabilization, an erosion and sedimentation control plan
shall be developed outlining Best Management Practices
(BMPs), which shall be implemented to prevent erosion
and sedimentation into the channel during construction.
Acceptable stabilization methods include the use of
weed-free, natural fiber (i.e., nonmonofilament) fiber rolls,
jute or coir netting, and/or other industry standards. BMPs
shall be installed and maintained for the duration of the
construction period. In addition, the following general
measures shall be implemented during construction:
• The limits of disturbance within the existing
drainage feature shall be clearly shown on
all sites plans and flagged within the drainages
prior to project implementation. All construction
personnel shall be directed to avoid impacts to
the areas immediately upstream and downstream
of the proposed development including the
existing culvert features located at El Camino
Real and Viejo Camino.
• All equipment and materials shall be stored out of
the streambed at the end of each working day,
and secondary containment shall be used to
prevent leaks and spills of potential contaminants
from entering the stream.
• During construction, washing of concrete, paint,
or equipment and refueling and maintenance of
equipment shall occur only in designated areas a
minimum of 50 feet from all drainages and
aquatic features. Sandbags and/or sorbent pads
Prior to permit
issuance/During
construction
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28
shall be available
to prevent water and/or spilled fuel from entering
drainages.
• Construction equipment shall be inspected by the
operator on a daily basis to ensure that
equipment is in good working order and no fuel or
lubricant leaks are present.
BIO 2-2 Compensatory Mitigation Plan: A compensatory
mitigation plan shall be developed to offset permanent
impacts to jurisdictional areas. The exact details and
performance criteria of the restoration plan shall be
determined during agency coordination with CDFW,
RWQCB, and USACE, as necessary. Stabilization and
restoration measures may include the installation of
BMPs and/or revegetation using native seed mixes and
plantings. Prior to project initiation, all applicable agency
permits with jurisdiction over the project area (i.e.,
USACE, CDFW, and RWQCB) should be obtained.
Additional mitigation measures required by these
agencies would be implemented as necessary. The City
shall not impose any additional mitigation measures in
addition to or in lieu of agency-required measures
without Owner’s consent.
Prior to permit
issuance
BIO 2-3 Agency Permitting: Prior to issuance of any permits for
grading or construction on-site, the applicant shall obtain
permits from the following agencies, and any other
agencies as necessary:
• California Department of Fish and Wildlife (CDFW)
• US Army Corps of Engineers (USACE)
• Regional Water Quality Control Board (RWQCB)
Any mitigation measures required by the above listed
permits shall be implemented to their fullest extent. City
shall not require any modifications to the approvals
issued by any state and/or federal agencies.
Prior to permit
issuance
BIO 3-1 Creek Channel Naturalization: The realigned creek shall be
constructed in a manner which maintains and enhances
natural flows and vegetation. A minimum 20-foot setback shall
be maintained from the top of creek bank to any structures.
Vehicular or pedestrian crossings of the re-aligned creek shall
be permitted as part of any future development. Such
crossings shall be designed as culvert crossings and shall
Prior to permit
issuance/Permit
final
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29
obtain any required permits from agencies prior to
construction.
BIO 3-2 Wetland Restoration: Should wetland impacts occur, and
wetland restoration be required on-site, the wetlands shall be
monitored for a period of not less than 5-years. Annual reports
from a qualified biologist shall be submitted to the City
addressing any irrigation modifications or replanting that may
be required to ensure successful naturalization of the restored
wetland habitat. A contract with a qualified biologist shall be
entered into prior to final of the development permit.
Post
construction
BIO 4-1 Special Status Species Plant Surveys: Prior ground
disturbing activities and when plants with potential to occur are
in a phenological stage conducive to positive identification (i.e.,
usually during the blooming period for the species), a qualified
biologist shall conduct surveys for special status plant species
within the project site. Valid botanical surveys will be
considered current for up to five years; if construction has not
commenced within five years of the most recent survey,
botanical surveys must be repeated.
Prior to permit
issuance
BIO 5-1 Implementation of Best Management Practices:
• Prior to ground disturbing and/or vegetation removal
activities, a setback area of 20-feet from the drainage
will be fenced with orange construction fencing and
signed to prohibit entry. Fencing should be located a
minimum of 20 feet from the OHWM and shall be
maintained throughout the construction or until
regulatory permits to impact the drainage have been
acquired.
• To control sedimentation during and after project
implementation, appropriate erosion control best
management practices (i.e., installation of silt fencing)
will be implemented to minimize adverse effects on the
drainage. The silt fencing shall be installed prior to
commencing construction in adjacent areas and
maintained throughout construction or until regulatory
permits to impact the drainage have been acquired.
• Any substances which could be hazardous to aquatic
species resulting from project-related activities will be
prevented from entering the drainage. All refueling,
maintenance, and staging of equipment and vehicles
shall occur at least 50 feet from the drainage and in a
location where a potential spill would not drain directly
toward the drainage. Prior to the onset of work
activities, a plan will be in place for prompt and effective
response to any accidental spills.
During
construction
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Water Quality and Hydrology
WQH 1-1 The applicant shall obtain all necessary permits form the
Regional Water Quality Control Board.
Prior to permit
issuance
WQH 2-1 Prior to issuance of any building permits, a FEMA Conditional
Letter of Map Revision (CLOMR) must be issued and
received by the City Engineer.
Prior to permit
issuance
WQH 2-2 The project design and construction shall comply with the
CLOMR. Prior to a final inspection or Occupancy release, the
developer must apply for and be issued a FEMA Letter of
Map Revision (LOMR) and a copy filed in the Office of the
City Engineer.
Prior to C of O
Land Use and Planning
LUP 1-1 See BIO 3-1 and BIO 5-1
Transportation / Traffic
TR 1-1 The primary access shall be from Viejo Camino at Bocina
Lane or La Paloma Court as approved by the City Engineer. A
left turn lane shall be provided into the project site. Widen
street, as needed, to accommodate lane configuration if
entrance aligns with La Paloma Court.
Prior to permit
issuance
TR 1-2 A Class II bike lane, curb, gutter, and sidewalk shall be
installed along the Viejo Camino project frontage.
Prior to C of O
TR 1-3 The travel lanes on Viejo Camino east of El Camino Real
shall be reduced to accommodate a bike lane or shared lane
markings shall be installed within the existing Class II bike
lane gap(s), subject to approval of the City Engineer.
Prior to C of O
TR 1-4 Install red curb at the El Camino Real / Viejo Camino
intersections and driveways into the existing commercail
development for pedestrian safety to and from the site.
Prior to C of O
TR 1-5 Provide an asphalt pedestrian pathway connection from the
project site frontage to the existing sidewalk east of El
Camino Real at the existing commercail development.
Prior to C of O
Tribal Cultural Resources
TCR 1 The owner/developer shall have all natural grade ground
disturbing activities monitored by a qualified professional or
local tribal monitor. An executed monitoring contract shall be
submitted to City staff prior to issuance of any permit
involving ground disturbance of the natural grade of the
existing site.
Prior to GP/BP
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Exhibit B: AMC Title 9 Zoning Text Amendment
9-3.695: Establishment of Development Agreement Overlay No. 1 (DA1)
Development Agreement Overlay Zone No. 1 is established as shown on the Official
Zoning Maps (Section 9-1.102 of this title) on parcels APNs 045-342-009 and 045-342-
010. The subject properties are subject to the provisions of a Development Agreement
recorded against the properties in San Luis Obispo County and on file with the City of
Atascadero.
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Exhibit C: Zoning Map Amendment
Current Zoning Designation: Public (P)
Amended Zoning Designation: Public / Development Agreement No. 1
(P/DA1)
Subject Parcels:
APNs 045-342-009 and
045-342-010
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CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A8
Department: Community
Development
Date: 12/10/2024
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: PHIL DUNSMORE, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: XZANDREA FOWLER, SENIOR PLANNER
SUBJECT: Emergency Shelter Overlay Zone Amendment (ECHO Expansion Project)
RECOMMENDATION:
Council adopt on second reading, by title only, Draft Ordinance amending Atascadero Municipal
Code Title 9 Chapter 3 Article 23 ES (Emergency Shelter) Overlay Zone text to allow for an
expansion of an existing shelter and programs located at 6370 Atascadero Avenue.
DISCUSSION:
ECHO currently operates a variety of emergency housing shelter activities at 6370 Atascadero
Avenue. On November 12, 2024, the City Council reviewed amendments to the Emergency
Shelter Overlay Zone and associated Conditional Use Permit and Operations and Management
Plan for the existing emergency housing shelter operated by ECHO. At the meeting, the Council
approved amendments that will facilitate the construction of a new 7,600 -square-foot 2-story
building at the site. The proposed amendments included:
1. An increase in the number of overnight beds from 60 to 90
2. An increase in the maximum number of meal program participants from 80 to 100
3. Modifications to the shower program operation hours
At the November 12, 2024 meeting, the Council also made modifications to the Conditional Use
Permit and Operations and Management Plan which have been incorporated into those
documents. Modifications included:
• Limitations on the shower program hours to after 4:00 pm on days when school is in
session.
• Clarification that smoking is permitted on-site in designated areas.
• Adding a condition of approval to the Use Permit requiring annual neighborhood
meetings, consistent with the Operations Plan.
• Delaying the increase in meal program participants until Certificate of Occupancy for the
expanded facility has been granted.
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In a subsequent motion, Council also directed the City Manager to work with ECHO and City staff
on a meaningful public engagement process and to report the results of said process within six
(6) months of the issuance of the building permit.
FISCAL IMPACT:
None.
REVIEWED BY OTHERS:
This item has been reviewed by the Community Development Director, Administrative Services
Director, and Planning Commission.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT(S):
1. Draft Ordinance
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12/10/24 | Item A8 |Attachment 1
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE TITLE 9, CHAPTER 3, ARTICLE 23 (EMERGENCY
SHELTER) OVERLAY ZONE AND DETERMINING THIS ORDINANCE IS
EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
EMERGENCY SHELTER OVERLAY ZONE AMENDMENTS
EL CAMINO HOMELESS ORGANIZATION
(AMND24-0060 & ZCH24-0061)
WHEREAS, an application was received from the El Camino Homeless Organization, PO
Box 2077, Atascadero, CA 93423, (Owner/Applicant) for amendments to the ES (Emergency
Shelter) Overlay Zone, Conditional Use Permit (PLN 2014-1492), and the El Camino Homeless
Organization (ECHO) Operations and Management Plan to allow for an expansion of an existing
shelter and programs located at 6370 Atascadero Avenue; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to amend the Zoning Code Text to protect the health, safety, and welfare of its citizens by
applying orderly development and expanding emergency shelter opportunities within the City; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA), have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Amendment
application was held on October 1, 2024, by the Planning Commission of the City of Atascadero
at which hearing evidence, oral and documentary, was admitted on behalf of said amendments to
the Emergency Shelter Overlay Zone; and
WHEREAS, The Planning Commission of the City of Atascadero, resolved to recommend
approval of said amendments to the Emergency Shelter Overlay Zone text subject to findings; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Amendment
to the Emergency Shelter Overlay Zone text application was held on November 12, 2024, by the
City Council of the City of Atascadero at which hearing evidence, oral and documentary, was
admitted on behalf of said amendment; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct.
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SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular
session assembled on November 12, 2024, resolved to introduce for first reading, by title only, an
Ordinance that would amend the Atascadero Municipal Code Title 9 Chapter 2 Article 23 ES
(Emergency Shelter) Overlay Zone Text as shown in Exhibit A, attached hereto and incorporated
herein by this reference.
SECTION 3. CEQA. The City Council makes the following environmental
determinations:
1. The proposed amendments to the ES Overlay zoning text, to the conditions of approval
for Conditional Use Permit (PLN 2014-1492), and the ECHO Operations and
Management Plan are exempt from the California Environmental Quality Act (CEQA),
Public Resources Code Section 21000 et seq., because it can be seen with certainty that
there is no possibility that the enactment of proposed amendments will have any
significant adverse environmental impacts.
2. Additionally, CEQA (Section 15301(c)(2)) exempts additions to existing structures
provided that the addition will not result in an increase of more than 10,000 square feet
when the project is in an area where all public services and facilities are available to
allow for maximum development permissible in the General Plan and the area in which
the project is located is not environmentally sensitive. While the expansion of the
facility is ministerial under State law, the proposed amendments to the ES Overlay
Zone and operation plan will result in allowances for facility expansion. The proposed
expansion of the existing shelter and program activities would result in an addition that
is less than 10,000 square feet in an area where all public services and facilities are
available to support the expansion of the existing shelter and on a site that has been
previously developed and is not designated as an environmentally sensitive area.
SECTION 4. Findings and Facts. The City Council makes the following findings,
determinations, and approvals with respect to the following:
Findings for Approval of a Zone Text Amendment:
1. FINDING: The ES (Emergency Shelter) Overlay Zone text amendment is consistent
with General Plan policies and all other applicable ordinances and policies of the City.
FACT: The proposed zone text amendments align the code requirements with the
vision, intent, and policies of the adopted General Plan.
2. FINDING: The Amendment of the Zoning Ordinance will provide for the orderly and
efficient use of lands where such development standards are applicable.
FACT: The proposed text amendment provides for orderly development within the ES
Overlay Zone in accordance with the adopted General Plan for the compatible use of
the property based on neighborhood characteristics.
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3. FINDING: The text change will not, in itself, result in significant environmental
impacts.
FACT: The proposed text changes are minor and do not trigger any environmental
impacts.
SECTION 5. Approval. Atascadero Municipal Code Title 9 Planning & Zoning is
amended, modifying the Emergency Shelter Overlay Zone, as detailed in Exhibit A, attached
hereto and incorporated herein by this reference.
EXHIBIT A: Emergency Shelter Overlay Zone Text
SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance
be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth
in this Ordinance.
SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code
or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring before this
Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero
Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such
previous Atascadero Municipal Code provision or other City Ordinance to remain in full force
and effect for all purposes.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting, and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
INTRODUCED at a regular meeting of the City Council held on November 12, 2024, and
PASSED, APPROVED, and ADOPTED by the City Council of the City of Atascadero, State of
California, on December 10, 2024.
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CITY OF ATASCADERO:
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Dave Fleishman, City Attorney
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12/10/24 | Item A8 |Attachment 1a
Article 23. ES (Emergency Shelter) Overlay Zone
9-3.504 Operating standards.
The following operating standards apply to emergency shelters:
(a) Emergency Shelter Operator. Each shelter shall be operated by an agency or
organization with experience in managing or providing social services.
(b) Maximum Number of Beds. An emergency shelter shall have a maximum number of
beds for overnight clients served by the facility. This limitation on client beds does not include
accommodations for management, employees, or volunteers. The following is the maximum
number of client beds for approved shelter(s):
(1) Assessor Parcel Number (APN) 030-341-013: ninety (90) beds.
(c) On-Site Management and Supervision.
(1) Assessor Parcel Number (APN) 030-341-013. There shall be a minimum of one (1) on
duty supervisor for every thirty (30) overnight shelter clients during the operating hours.
(d) Operating Hours.
(1) Assessor Parcel Number (APN) 030-341-013. Shelter hours of operation are limited to
between 4:00 p.m. and 9:00 a.m. daily. Shelter clients and the general public are not permitted on
the premises outside these hours unless otherwise permitted by the approval of a conditional use
permit per section (h).
Exceptions:
(i) Temporary shelter clients are permitted on the premises during hours of operation.
(ii) Operator staff, board members, and contractors are not subject to any time restrictions.
(iii) Special Activities. Up to one special function per month is allowed for Non-Shelter
Clients by appointment and under the supervision of ECHO Staff. ECHO may hold additional
special functions (in excess of one per month) with City staff approval in writing. These
functions may include but are not limited to:
a. Fundraisers (not involving shelter clients);
b. Neighborhood open houses (not involving shelter clients);
c. Neighborhood meetings (not involving shelter clients);
d. Holiday events for shelter clients; and
e. Official government enumeration surveys involving shelter clients.
(e) On-site Management Plan Contents. The operator must prepare and follow an on-site
management plan that must include the following:
(1) Rules. A list of rules and regulations for overnight clients.
(2) Logs. Provide a methodology for tracking the number of overnight clients.
(3) Security and safety plan that will address security and safety of occupants, loitering
control and management of outdoor areas.
(4) Types and descriptions of programs offered on-site.
(5) Required On-Site Signage:
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(i) No loitering signs
(ii) No trespassing sign
(iii) No camping signs
(6) Identify a neighborhood liaison and provide the contact information for the liaison.
(7) Hold at least one (1) neighborhood meeting each calendar year.
(8) A dispute resolution process for any neighborhood issues that may arise.
(9) Mechanisms for enforcement.
(f) Management Plan Submittal—Approval and Review.
(1) The initial management plan must be submitted within sixty (60) days of approval of
the overlay zone change and thereafter must be submitted for review by the City annually on
February 1st of every year.
(2) The initial management plan must be approved by the City Council.
(3) Annual Review. The management plan will be reviewed annually by staff. Updates to
the Operation Management Plan will be forwarded to the City Council for review at a public
hearing.
(g) Meal Program CUP Requirement and Operating Standards (Assessor Parcel Number
(APN) 030-341-013). Any on-site meal program that is open to the general public (Open Meal
Program) is an ancillary use subject to the approval of a conditional use permit under Section 9-
2.110 of this code. Any such approved Open Meal Program shall abide by the following
operating standards:
(1) Hours of Operation. Open Meal Program service operating hours shall be between
4:00 p.m. and 6:00 p.m., daily. Non-Shelter Client participants shall vacate the site no later than
6:15 p.m.
(2) The operator shall take reasonable steps to prevent meal recipients from congregating
in and around the site at all times to minimize adverse impacts on adjacent properties.
(3) Employees and Volunteers. In addition to the required staffing listed in 9-3.504(c)(1),
the Open Meal Program shall operate with a staffing ratio of one (1) employee or trained
volunteer for every ten (10) meal program participants. The operator shall provide training to all
volunteers and employees.
(4) Outdoor Monitors. From 4:00 p.m. to 6:15 p.m. daily, the Open Meal Program shall
include a minimum of one (1) outdoor monitor to supervise participants in the rear of the
property and one (1) outdoor monitor to supervise participants in the front of the property.
Outdoor monitors shall be considered employees or volunteers for the staffing ratio purposes
listed in 9-3.504(h)(3).
(5) Number of Participants Served. The maximum number of participants in the meal
program shall not exceed one hundred (100) persons served in one (1) day. This includes both
temporary overnight shelter clients, and non-shelter client participants (general public).
(6) Participant Screening. All Open Meal Program participants must be screened by the
operator prior to admission for meal service.
(7) Log of Participants. A log of Open Meal Program participants is required to be kept
daily. The operator must make reasonable efforts to collect the following information:
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(i) Legal name
(ii) Date of birth
(iii) Housing status
(8) Review of Open Meal Program Participants. The operator must make available a log
of Open Meal Program participants for periodic review by the City.
(9) Neighborhood Dispute Resolution Process. If the operator fails to follow these
operating standards or any other conditions of approval, disputes regarding such alleged
violations or other impacts on the neighborhood will be addressed as set forth in this subsection.
(i) Any complaints shall first be reported to the neighborhood liaison.
(ii) If a resolution does not occur, any complaint may be submitted as a code violation
complaint to the City.
(iii) Repeated violations to these operating standards or the conditions of approval may
result in a review of the operation of the shelter or the Open Meal Program by the City Council.
Following such review, the City Council may amend these provisions to further regulate the
shelter and Open Meal Program, including the possible suspension or revocation of the Open
Meal Program.
(h) Optional Conditional Use Permit (CUP). The shelter operator may apply for a CUP to
provide additional services or programs, including daytime service programs beyond those
described in subsection (d)(1).
101 of 168
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A9
Department: Community
Development
Date: 12/10/2024
Placement: Consent
TO: JIM LEWIS, CITY MANAGER
FROM: PHIL DUNSMORE, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: PHIL DUNSMORE, COMMUNITY DEVELOPMENT DIRECTOR
KELLY GLEASON, PLANNING MANAGER
SUBJECT: CEQA Thresholds Ordinance (ZCH23-0061)
RECOMMENDATION:
1. Adopt on second reading, by title only, Draft Ordinance A to amend Title 9 (Planning and
Zoning Code) to adopt discretionary review thresholds and standards for hillsides, historic
and archaeological resources, and watercourse adjacent areas; and
2. Adopt on second reading, by title only, Draft Ordinance B to approve a Zoning Map
Amendment to remove the Historic Site (HS) Overlay Zone from certain properties
containing colony homes and apply the Historical Site (HS) Overlay Zone to State and
Federally registered historic resources.
DISCUSSION:
At the November 12, 2024 meeting, City Council voted 5-0 to introduce an ordinance for the
adoption of objective standards for development within and/or adjacent to hillsides and other
environmentally unique areas. These standards are intended to streamline the project
application and review process, by clearly articulating the thresholds between ministerial and
discretionary projects with the goal of reducing project timelines, staff processing time, and
overall project cost. With these proposed Title 9 and Zoning Map amendments, the City can put
in place standards and processes that provide clear direction and set City expectations for
development, reducing staff time on CEQA documentation, and providing transparent guidance
to developers and property owners while maintaining standard project mitigations and best
practices to ensure neighborhood compatibility and minimization of impacts to native trees .
Adoption of new code standards (objective standards) are designed to provide alternatives to
the CEQA process as result of development projects that result in changes to:
• Hillsides through Development and Grading
• Development and structures adjacent to Watercourses
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• Development within or adjacent to Historic Resources
• Development on Sensitive Resource Areas (archaeological)
FISCAL IMPACT:
It is intended that the proposed code amendments will reduce staff time, resulting in nominal
cost savings to both staff and applicants within the development review process.
REVIEWED BY OTHERS:
This item has been reviewed by the City Attorney, as well as the Community Development
Director and City Engineer.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENTS:
1) Draft Ordinance A: Title 9 Amendments
2) Draft Ordinance B: Zoning Map Amendment
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DRAFT ORDINANCE A
ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 9:
PLANNING & ZONING, TO ADOPT DISCRETIONARY REVIEW
THRESHOLDS AND STANDARDS FOR HILLSIDES, HISTORIC AND
ARCHAEOLOGICAL RESOURCES, AND WATERCOURSE ADJACENT
AREAS
DISCRETIONARY REVIEW THRESHOLDS AND STANDARDS
(ZCH23-0061)
WHEREAS, the 2021-2028 6th Cycle Housing Element was adopted by the City Council
on November 10, 2020, and found by the California Department of Housing and Community
Development to be in substantial compliance with State housing element law; and
WHEREAS, on April 28, 2020, the City Council authorized application for and entering
into agreement for the Local Early Action Planning (LEAP) Grant Program funds with the
California Department of Housing and Community Development to complete work to adopt
standards that, when followed, can streamline projects through the development process and set
clear pathways for ministerial and discretionary review; and
WHEREAS, the LEAP Grant Program is focused on helping jurisdictions in the
preparation and adoption of planning documents and process improvements that accelerate
housing production and facilitate compliance with the sixth-cycle Regional Housing Needs
Assessment; and
WHEREAS, the City of Atascadero was awarded LEAP Grant Program funds implement
permit streamlining in line with the City’s Housing Element and State goals and policies; and
WHEREAS, the City of Atascadero (6500 Palma Avenue, Atascadero, CA 93422), is
considering Zoning Text Amendments to Title 9 Planning and Zoning of the Atascadero Municipal
Code to adopt modified discretionary review thresholds and standards related to hillside
development, historic and archaeological resources, and watercourse-adjacent areas; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact amendments to Title 9 Planning and Zoning of the Atascadero Municipal Code for
consistency with the General Plan and to maintain a clear and legible set of Zoning Regulations
that is easily interpreted by the public and staff; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and
Zoning Text Amendments was held by the Planning Commission of the City of Atascadero at
which hearing evidence, oral and documentary, was admitted on behalf of said Planning and
Zoning Text Amendments; and
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WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Map
Amendment was held by the City Council of the City of Atascadero at which hearing evidence,
oral and documentary, was admitted on behalf of said Zoning Map Amendment; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct and incorporated herein as
if set forth in full.
SECTION 2. Planning Commission Recommendation. The Planning Commission of the
City of Atascadero, on October 15, 2024, held a timely and properly noticed Public Hearing upon
the subject Title 9 Atascadero Municipal Code amendments and associated actions, at which
hearing evidence, oral and documentary, was admitted on behalf of said amendments and the
Planning Commission recommended that City Council approve the proposed text amendments.
SECTION 3. Public Hearings. The City Council held a duly noticed public hearing to
consider the project on November 12, 2024 and considered testimony and reports from staff and
the public.
SECTION 4. Findings for Approval. The City Council makes the following findings and
determinations for approval of the proposed text amendments:
1. FINDING: The Planning and Zoning Text Change is consistent with General Plan
policies and all other applicable ordinances and policies of the City.
FACT: The proposed zoning code text updates are consistent with the General Plan.
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 establishes standards for projects located on hillsides, in
areas where archaeological resources may be located, near watercourses and
wetlands, and associated with historic resources and sets forth clear processes for
ministerial and discretionary review of such projects.
3. FINDING: The Text Change will not, in itself, result in significant environmental
impacts.
FACT: The proposed text amendment establishes standards to protect existing
environmental resources, is aligned with the California Environmental Quality Act
Guidelines, and will not result in an environment impact.
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SECTION 5. CEQA. This Ordinance is exempt from the California Environmental
Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with
certainty that there is no possibility that the enactment of this Ordinance would have a significant
effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4),
15061(b)(3).
SECTION 6. Approval. The City Council of the City of Atascadero, in a regular session
assembled on November 12, 2024, resolved to introduce, for first reading, by title only, an
ordinance that would amend the Title 9 of the Atascadero Municipal Code consistent with the
following:
1. Exhibit A: New Title 9 Sections (Establishment of AMC Sections 9-4.153 – 9-
4.157 [Hillside Development], Sections 9-4.163 through 9-4.169 [Historic
Resources] and Sections 9-4.169 through 9-4.174 [Watercourse-Adjacency
Standards])
2. Exhibit B: Title 9 Amendments (Grading Sections 9-4.139 - 9-4.145, Drainage
Sections 9-4.148 - 9-4.154, Article 26 HS [Historical Site] Overlay Zone Sections
9-3.621 - 9-3.623, Archaeological Resources Section 9-4.162, Precise Plan Section
9-2.109, and Section 9-4.164 Lot Line Adjustment Review for Flag Lots
[renumbering only, to 9-4.170]).
SECTION 7. 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 8. 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 9. 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 10. 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 11. 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)
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days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 12. 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 November 12, 2024, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of
California, on December 10, 2024.
CITY OF ATASCADERO:
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Dave Fleishman, City Attorney
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Repeal and Replace Section 9-2.109 as follows:
9-2.109 Precise plan.
(a) Purpose and Applicability. Precise plans consider the greater effects such uses may have upon their
surroundings, and the characteristics of adjacent uses which could have detrimental effects upon a
proposed use. Precise Plans are required for the following projects:
(1) Hillsides. Grading and/or construction in a hillside area that does not comply with Section 9-
4.157 (Hillside Development Standards);
(2) Watercourse-Adjacent. Development or placement of items in a watercourse-adjacent or
wetland-adjacent area that does not comply with Section 9-4.175 and/or that the Community
Development Director has determined has the potential to adversely affect watercourse or
wetland resources (see Sections 9-4.170 through 9-4.175 [Watercourse-Adjacency
Standards]);
(3) Historic Resources. Alterations to historic resources on the Historic Resources List that do
not meet the Secretary of the Interior’s Standards for the Treatment of Historic Properties
applicable to the particular historic resource, and/or any alterations to historic resource s
listed on the National Register of Historic Places or on the California Register of Historical
Resources (see Sections 9-4.163 through 9-4.169 [Historic Resources]);
(4) Archaeologically Sensitive Areas. Projects within archaeologically sensitive areas as
documented on maps on file in the Planning Department where a Phase I archaeological
study concludes that there is the potential to adversely affect archaeological resources
pursuant to the California Environmental Quality Act (see Section 9-4.162 [Archaeological
Resources]); and When a development or use of land is listed in a particular zoning district
as an allowable use and when it is determined by the Community Development Director that
the development project, or the establishment of a use of land which is not a development
project, is not eligible for a categorical exemption pursuant to Public Resources Code
Section 21084 and the State EIR Guidelines.
(b) Precise Plan Applications. Precise plan applications shall include, as may be necessary, site plans,
written descriptions of activities to be conducted, technical studies of site characteristics, and any
other materials set forth on the application form or otherwise prescribed by City policy.
(c) Review and Approval.
(1) Review Authority.
(i) Community Development Director. The authority to take final action on a Precise
Plan application as set forth in this subsection is assigned to the Community
Development Director.
(ii) Elevate Review. The Community Development Director may refer project
applications to the Planning Commission if it appears that such referral is
necessary based on unique characteristics of a project or the need for additional
community input and/or other reasons needed to accomplish the purposes of this
Title.
(2) Public Notice. At a minimum, public notice shall be mailed to every property owner adjacent
to the exterior boundaries of the project site. The notice may be combined with the required
CEQA notice and shall include information about the proposed project and provide an
opportunity to provide comments within the stated review period.
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(3) Effective Date of Approval. The approval shall become effective for the purpose of issuance
of a building or grading permit, or establishment of a use not involving construction, fourteen
(14) days after approval, unless an appeal is filed with the Planning Department as set forth
in subsection (d) of this section.
(4) Appeal. Any person may appeal a decision on a Precise Plan application as set forth in
Section 9-1.111 (Appeal).
(d) Findings. The following findings are required for approval of a Precise Plan:
(1) General.
(i) Consistency. The proposed project is consistent with the General Plan and any
applicable specific plan; and complies with all other applicable provisions of th e
Zoning Code and the Municipal Code;
(ii) Compatibility. The design, location, size, and operating characteristics of the
proposed activity will be compatible with the existing and future land uses in the
vicinity; and
(iii) Health and Safety. The proposed project will not be detrimental to the public
health, safety, or welfare, or be injurious to property or other improvements in the
vicinity.
(2) Hillsides. If located in a hillside area as defined in Section 9-4.154:
(i) The project design and site layout retains and utilizes natural contours of the site
to the extent feasible;
(ii) Unavoidable grading complements natural landforms to the extent feasible;
(iii) The healthy, native tree canopy has been retained to the extent feasible; and
(iv) Mass grading of large pads and excessive terracing has been avoided in
residential zones and minimized in commercial and industrial zones.
(3) Watercourse and Wetland Buffers. If located within a watercourse -adjacent or wetland-
adjacent area as defined in Section 9-4.171(a):
(i) The location and design of the feature within the watercourse or wetland buffer,
or other measures incorporated into the project, minimize adverse effects to
scenic resources, water quality, and riparian habitat;
(ii) The feature will not impact the floodway or the flood zone in a way that would
create negative impacts to downstream properties; and
(iii) The feature will not prevent the implementation of city-adopted plans.
(4) Historic Resources.
(i) If altering an historic resource on the Historic Resource List (Section 9-4.166):
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a. The proposed alteration will not substantially diminish, eliminate, or
adversely affect the character, character-defining features, or historic
integrity of the historic resource, either due to the nature of the alteration or
because mitigation measures incorporated into the project will reduce
adverse effects; or
b. There is sufficient evidence, including evidence provided by the applicant,
that denial of the proposed alteration or relocation would cause an
immediate hardship because of conditions unique to the specific property.
(ii) If relocating an historic resource on the Historic Resource List:
a. Relocation of the historic resource is feasible from a technical, mechanical,
and structural standpoint considering the historic resource’s condition, and
will not result in significant damage to the structure’s historic integrity; and
b. Relocation of the historic resource will not result in significant adverse
effects to its historic integrity as a result of a change in its location, generally
maintaining or enhancing the setting.
(iii) If demolishing an historic resource on the Historic Resource list, any one of the
following:
a. The potential negative effects of the action are outweighed by the benefits of
the associated replacement project, as applicable; and
b. Alteration and/or relocation is infeasible from a technical, mechanical, or
structural standpoint considering the historic resource’s condition or
location, and/or
c. The demolition is necessary to protect or promote the health, safety, or
welfare of the city residents, including the need to eliminate blight or
nuisance, or correct an unsafe or dangerous condition of the property.
(5) Archaeologically Sensitive Areas. If located within an area documented on maps on file in
the Planning Department as an archaeologically sensitive area:
(i) All required mitigation measures from technical studies are incorporated and
impacts have been minimized consistent with the requirements of 15064.5 of the
State CEQA Guidelines; and
(ii) Tribes have been consulted per the requirements of Assembly Bill 52.
Repeal and Replace Article 26 HS (Historical Site) Overlay Zone, repealing Sections 9 -3.621
through 9-3.625 and replacing with Sections 9-3.621 through 9-3.623.
Article 26 HS (Historical Site) Overlay Zone
§ 9-3.621 Purpose.
§ 9-3.622 Applicability of the HS Overlay Zone.
§ 9-3.623 Processing Requirements.
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9-3.621 Purpose.
The Historic Site (HS) Overlay Zone recognizes the unique historical nature of historic resources listed on
the California Register of Historical Resources and the National Register of Historic Places. The HS
Overlay zone is intended to identify these regionally recognized historic resources. Refer also to Sections 9-
4.163 – 9-4.169 (Historic Resources Ordinance).
9-3.622 Applicability of the HS Overlay Zone.
The HS Overlay Zone applies only to those parcels with historic resources that are listed on the California
Register of Historical Resources or the National Register of Historic Places. Definitions in these Sections 9 -
3.621 – 9-3.623 shall be as defined in Section 9-4.165 (Historic Resources Definitions).
9-3.623 Processing Requirements.
(a) Alterations. Alterations to historic resources listed on the California Register of Historical Resources
and the National Register of Historic Places shall comply with Section 9 -4.167(b) (Precise Plan
Review).
(b) Relocation. Relocation of historic resources listed on the California Register of Historical Resources
and the National Register of Historic Places shall comply with Section 9 -4.168(a)(2) (Precise Plan
Review).
(c) Demolition. Demolition of historic resources listed on the California Register of Historical Resources
and the National Register of Historic Places shall comply with Section 9 -4.168(b) (Demolition of Historic
Resources).
Amend as redlined Sections 9-4.138 through 9-4.146:
9-4.138 Grading.
The following sections (9-4.138 through 9-4.145) establish standards, in addition to the standards
contained in the Uniform Building Code, for grading and excavation activities to minimize hazards to life
and property; protect against erosion, the sedimentation of water courses, and the inundation of low-lying
areas; and protect the safety, use and stability of public rights -of-way and drainage channels. It is the City’s
intent to encourage grading that disturbs the minimum feasible area, that relates to th e natural contours of
the land, and that retains trees and other vegetation. Grading regulations are organized into the following
sections:
9-4.139 Grading plan required.
9-4.140 Grading permit required.
9-4.141 Grading permit: Application content.
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9-4.142 Grading permit review and approval.
9-4.143 Grading standards.
9-4.144 Sedimentation and erosion control.
9-4.145 Nuisance and hazard abatement.
9-4.139 Grading plan required.
In any case where a proposed project requiring a precise plan or conditional use permit approval involves
fifty (50) or more cubic yards of earth moving, or in any case where a grading permit is required by Title 8 of
this code, the application shall include a grading plan containing the information specified by this section. If
engineered grading (Section 9-4.141(b)) is to occur, then the grading plan shall also include all information
required by Section 9-4.141. A grading plan shall be neatly and accurately drawn to scale, including the
following information:
(a) Existing ground contours or elevations of the site at two (2) foot intervals.
(b) Contours or site elevations after grading is completed, including any modifications to drainage
channels.
(c) Any required retaining walls or other means of retaining cuts or fills.
(d) Elevations of the edge of the pavement or road at driveway entrance.
(e) Elevation of the finish floor of the garage or other parking area.
(f) Elevations at the base of building corners.
(g) Area of disturbance in square feet.
(h) Quantities of cut and fill.
(i) Erosion control notes and details.
(j) Drainage structures and other drainage design features.
(k) Sections showing grading, showing any retaining walls, cut and fill slopes, pads, building structures and
drainage structures.
(l) Grading notes, details or other information required by the City Engineer.
9-4.140 Grading permit required.
A grading permit shall be obtained where required by Title 8 of this code.
9-4.141 Grading permit—Application content.
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To apply for a grading permit, an application shall be submitted together with the additional information
required by this section. Where grading requiring a permit is proposed in conjunction with a precise plan or
conditional use permit request, those applications may be used to satisfy grading permit information
requirements as long as all required information is submitted.
(a) Minor Grading. Where Section 9-4.140 requires a grading permit and the grading will move less than
five hundred (500) cubic yards and is located on slopes less than twenty percent (20%); the application
for a grading permit is to include the following:
(1) Contour Information.
(i) For sites with slopes of ten percent (10%) or less, generalized existing contours and
drainage channels, including areas of the subject site (and adjoining properties) that will be
affected by the disturbance either directly or through drainage alterations.
(ii) For sites with slopes greater than ten percent (10%) and less than thirty percent (30%),
details of area drainage and accurate contours of existing ground at two (2) foot intervals;
for slopes thirty percent (30%) or greater, contours at five (5) foot intervals.
(2) Location of any buildings or structures existing or proposed on the site within fifty (50) feet of the
area that may be affected by the proposed grading operations.
(3) Proposed use of the site necessitating grading.
(4) Limiting dimensions, elevations or finished contours to be achieved by the grading, slopes of cut
and fill areas and proposed drainage channels and related construction.
(5) Drainage plan in compliance with Municipal Code Section 9-4.147 and the City of Atascadero
Drainage Standards.
(6) Where required by the Building Official, a soil engineering report, including date regarding the
nature, distribution and strength of existing soils, conclusions and recommendations for grading
procedures and criteria for corrective measures when necessary and opinions and
recommendations covering adequacy of sites to be developed by the proposed grading.
(7) Where required by the Building Official, an engineering geology report, including a description of
site geology, conclusions and recommendations regarding the effect of geologic conditions on the
proposed development, and opinions and recommendations covering the adequacy of sites to be
developed by the proposed grading.
(8) Intended means of revegetation, including the location, species, container size and quantity of
plant materials proposed, and the proposed time of planting.
(9) Where required by the Building Official, protective measures to be taken during construction, such
as hydro-mulching, berms (temporary or permanent), interceptor ditches, subsurface drains,
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terraces, and/or sediment traps in order to prevent erosion of the cut faces of excavations or of the
sloping surfaces of fills.
(b) Engineered Grading. Where the grading will move five hundred (500) cubic yards or more, is located
on slopes of twenty percent (20%) or greater, or is located within a Geologic Hazard Overlay Zone or
Flood Hazard Overlay Zone, the grading plan shall be prepared and certified by a registered civil
engineer and shall include specifications covering construction and material requirements in addition to
the information required for minor grading.
9-4.142 Grading permit review and approval.
Grading permit applications shall be processed as follows:
(a) Application Processing. The Building Official may approve a grading permit where the proposed
grading is in conformity with applicable provisions of this title; provided:
(1) The Building Official may require that grading operations and project designs be modified if delays
occur that result in weather-generated problems not considered at the time the permit was issued.
(2) Where a CEQA document associated with the project has identified mitigation measures necessary
to reduce environmental impacts, such mitigation measures shall be applicable to the approved
grading permit and grading operations as conditions of approval.
(b) Criteria for Approval. A grading permit may be issued only where the Building Official first finds, where
applicable, that:
(1) The proposed grading complies with all applicable provisions of the Municipal Code, and if a
Precise Plan is required, the grading conforms to the approved Precise Plan; and
(2) Any permits required by State or Federal agencies for the proposed grading have been obtained or
are required by conditions of approval to be obtained before grading work is started.
9-4.143 Grading standards.
All excavations and fills shall be conducted in accordance with the following standards:
(a) Area of Disturbance. See Section 9-4.157(a).
(b) Minimize Grading. Grading shall be completed in compliance with Sections 9 -4.138 through 9-4.145,
minimized to the extent feasible, and balanced on site whenever possible to avoid excessive cut and fill
and to avoid import or export of soil to/from offsite.
(c) Cut and Fill Slope Ratio. Cut or fill slopes shall not exceed a three-to-one (3:1) horizontal to vertical
ratio, except that a two-to-one (2:1) ratio may be allowed where it can be demonstrated that it is
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necessary to minimize impacts to native trees or natural drainage features, or reduce amount of
disturbed area, or maintain grading within the property limits.
(d) Creation of Building Sites. See Section 9-4.157(d).
(e) Final Contours. The crest of all graded slopes greater than six (6) feet in vertical height shall be
rounded. Where graded slopes intersect, the ends of each slope shall be horizontally rounded and
blended.
(f) Grading Near Watercourses. Grading, dredging, or diking may not alter any intermittent or perennial
stream or natural body of water shown on any USGS 7 1/2 minute map or designated by another State
or Federal agency with jurisdiction over said waters, except as permitted through approval of a
drainage plan and appropriate State and Federal permits. Watercourses are to be protected as follows:
(1) Watercourses shall not be obstructed unless an alternate drainage facility is approved.
(2) Fills placed within watercourses shall have suitable protection against erosion during flooding, and
shall conform to the City’s Flood Contral Ordinance and any applicable FEMA regulations.
(3) Grading equipment shall not cross or disturb channels containing live streams without siltation
control measures approved by the City Engineer in place.
(4) Excavated materials shall not be deposited or stored in or alongside a watercourse where the
materials can be washed away by high water or storm runoff.
(g) Revegetation. Where natural vegetation has been removed through grading in areas not affected by
the landscaping requirements (Section 9-4.124 et seq.) and that shall not be occupied by structures,
such areas shall be re-naturalized with vegetative material to blend with the adjacent undisturbed
natural terrain as set forth in this subsection to prevent erosion after construction activities are
completed.
(1) Preparation for Revegetation. Topsoil removed from the surface in preparation for grading and
construction shall be stored on or near the site and protected from erosion while grading operations
are underway, provided that such storage may not be located where it would cause suffocation of
root systems of trees intended to be preserved. After completion of such grading, topsoil shall be
restored to exposed cut and fill embankments or building pads to provide a suitable base for
seeding and planting.
(2) Methods of Revegetation. Acceptable methods of revegetation include hydro -mulching, or the
planting of rye grass, barley or other seed with equivalent germination rates. Where lawn or turf
grass is to be established, lawn grass seed or other appropriate la ndscaping cover shall be sown
at not less than four (4) pounds to each one thousand (1,000) square feet of land area. Other
revegetation methods offering equivalent protection may be approved by the Building Official. Plant
materials shall be watered at intervals sufficient to assure survival and growth. Native plant
materials are encouraged to reduce irrigation demands.
(h) Off-Site Effects. Grading operations shall be conducted to prevent damaging effects of erosion,
sediment production and dust on adjacent property, including public and private rights-of-way.
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9-4.144 Sedimentation and erosion control.
(a) Sedimentation and Erosion Control Plan Required. A sedimentation and erosion control plan is required
when:
(1) Land is disturbed for any non-agricultural purpose.
(2) Grading which may affect adjacent property or private rights-of-way which is proposed to be
conducted or left in an unfinished state during the period from October 15th through April 15th.
(3) Land disturbance activities are conducted in geologically unstable areas, on slopes in excess of
thirty percent (30%), on soils rated as having severe erosion hazard, or within fifty (50) feet of any
watercourse shown on the most current 7 1/2 minute USGS quadrangle map or designated by a
State or Federal agency with jurisdiction over watercourse delineation.
(4) The placing or disposal of soil, silt, bark, slash, sawdust or other organic or earthen materials from
logging, construction and other soil disturbance activities above or below the anticipated high water
line of a watercourse where they may be carried into such waters by rainfall or runoff in quantities
deleterious to fish, wildlife or other beneficial uses.
(b) Sedimentation and Erosion Control Plan Preparation and Processing. Sedimentation and erosion
control plans shall address both temporary and final measures and shall be submitted to the City
Engineer for review and approval. These plans, when required, shall be prepared by a registered civil
engineer when grading exceeds five hundred (500) cubic yards. Plans for land disturbance of one (1)
acre or larger shall be developed and signed by an appropriately licensed individual in accordance with
the State Water Resources Control Board requirements. These plans shall be in accordance with the
City Standard Improvement Specifications and Drawings, and may be incorporated into and approved
as part of a grading, drainage or other improvement plans, but must be clearly identified as an erosion
and sedimentation control plan.
(c) Plan Check, Inspection, and Completion. Where required by the City Engineer, the applicant shall
execute a plan check and inspection agreement with the City and the sedimentation and erosion
control facilities inspected and approved before a certificate of occupancy is issued.
(d) Sedimentation and Erosion Control Measures. The control of sedimentation and erosion shall include,
but not be limited to, the use of the following:
(1) Slope Surface Stabilization.
(i) Temporary mulching, seeding or other suitable stabilization measures approved by the City
Engineer shall be used to protect exposed erodible areas during construction,
(ii) Earth or paved interceptors and diversions shall be installed at the top of cut or fill slopes
where there is a potential for erosive surface runoff.
(2) Erosion and Sedimentation Control Devices. In order to prevent polluting sedimentation
discharges, erosion and sediment control devices shall be installed as required by the City
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Engineer for all grading and filling. Control devices and measures which may be required include,
but are not limited to:
(i) Energy absorbing structures or devices to reduce the velocity of runoff water.
(ii) Sedimentation controls such as sediment debris basin and traps.
(iii) Dispersal of water runoff from developed areas over large undisturbed areas.
(iv) Multiple discharge points to reduce the volume of runoff over localized areas.
(3) Final Erosion Control Measures. Within thirty (30) days after completion of grading, or prior to
building final, requiring a sedimentation and erosion control plan, all surfaces disturbed by
vegetation removal, grading, haul roads, or other construction ac tivity that alters natural vegetative
cover, shall be revegetated to control erosion, unless covered with impervious or other improved
surfaces authorized by approved plans. Erosion controls may include any combination of
mechanical or vegetative measures.
9-4.145 Nuisance and hazard abatement.
Existing grading that has become hazardous to life or property or grading performed in violation of this
section or the Uniform Building Code shall be deemed a nuisance. Full abatement and restoration may be
required and an assessment of cost may be levied in accordance with Chapter 9-8.
Amend as redlined Sections 9-4.148 and 9-4.149:
9-4.146 Drainage.
Standards for the control of grading and drainage are intended to minimize harmful effects of storm water
runoff and resulting inundation and erosion on proposed projects, and to protect neighboring and
downstream properties from drainage problems resulting from new developments. The standards of
Sections 9-4.1498 through 9-4.1542 are applicable to projects and activities required to have a zoning
approval.
9-4.147 Drainage plan required.
9-4.148 Drainage plan preparation and content.
9-4.149 Drainage plan review and approval.
9-4.150 Plan check, inspection and completion.
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9-4.151 Drainage standards.
9-4.147 Drainage plan required.
Drainage plans must be submitted with or be made part of a building permit application, precise plan,
conditional use permit or grading permit application for a project that:
(a) Involves a land disturbance (grading or removal of vegetation down to duff or bare soil by any method)
of more than one (1) acre; or
(b) Will result in an impervious surface of more than one thousand (1,000) square feet; or
(c) Is subject to local ponding due to soil conditions and lack of identified drainage channels; or
(d) Is located in an area identified by the City Engineer as having a history of flooding or erosion that may
be further aggravated by or have a harmful effect on the project; or
(e) Is located within a designated Flood Hazard overlay zone; or
(f) Involves land disturbance or placement of structures within fifty (50) feet of any watercourse shown on
the most current USGS 7 1/2 minute quadrangle map, or designated by a State or Federal agency with
jurisdiction over watercourse delineation; or
(g) Involves hillside development on slopes steeper than ten percent (10%) or driveways over twelve
percent (12%) slope.
Amend as redlined for renumbering only Sections 9 -4.151 through 9-4.154:
9-4.148 Drainage plan preparation and content.
Drainage plans are to be neatly and accurately drawn, at an appropriate scale that will enable ready
identification and recognition of submitted information. Drainage plans must be prepared by an
appropriately licensed profession as required by the City Engineering Standards or as required by the City
Engineer.
(a) Basic Drainage Plan Contents. A drainage plan shall include the following information about the site:
(1) Flow lines of surface waters onto and off the site.
(2) Existing and finished contours at two (2) foot intervals or other topographic information approved
by the City Engineer.
(3) Building pad, finished floor and street elevations, existing and proposed.
(4) Existing and proposed drainage channels including drainage swales, ditches and berms.
(5) Location, calculations and design of any proposed facilities for storage or for conveyance of runoff
into indicated drainage channels, including sumps, basins, channels, culverts, ponds, storm drains,
and drop inlets.
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(6) Estimates of existing and increased runoff resulting from the proposed improvements.
(7) Proposed erosion and sedimentation control measures.
(8) Proposed flood proofing measures where determined to be necessary by the City Engineer.
(9) One hundred (100) year flood elevations if the property is in flood hazard area.
(10) The drainage plan must show compliance with the City Drainage Standards and the Central Coast
Water Board’s Post Construction Stormwater Management Requirements for Development
Projects in the Central Coast Region (upon adoption by the City Council). This includes all projects
that add one thousand (1,000) square feet of impervious surface to the property.
(b) Engineered Plan Content. Engineered drainage plans shall include an evaluation of the effects of
projected runoff on adjacent properties and existing drainage facilities and systems in addition to the
information required by subsection (a) of this section.
9-4.149 Drainage plan review and approval.
All drainage plans shall be submitted to the City Engineer for review and are subject to the approval of the
City Engineer.
Repeal and Replace Section 9-4.150:
9-4.150 Plan check, inspection and completion.
Where required by the City Engineer, a plan check and inspection agreement shall be entered into and the
drainage facilities inspected and approved before a certificate of occupancy is issued.
Amend as redlined Sections 9-4.151:
9-4.151 Drainage standards.
(a) Design and Construction. Drainage systems and facilities subject to drainage plan review and approval
that shall be located in the City or existing or future public right -of-way shall be designed and
constructed as set forth in the City Engineering Department Standard Improvement Specifications
Drainage Standards and Drawings and the Central Coast Water Board’s Post Construction Stormwater
Management Requirements for Development Projects in the Central Coast Region (upon adoption by
the City Council). All systems and facilities subject to drainage plan review and approval shall be
designed in accordance with the City’s Drainage Standards, Central Coast Water Board’s Post
Construction Stormwater Management Requirements (upon adoption by the City Council), and good
engineering practices.
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(b) Natural Channels and Runoff. Proposed projects may include design provisions to retain off -site natural
drainage patterns and limit peak runoff to predevelopment levels when required by the City Engineer.
(c) Flood Hazard Areas. Buildings are not permitted in an area determined by the City Engineer to be
subject to flood hazard by reason of inundation, overflow or erosion, except where provisions are made
to eliminate such hazards to the satisfaction of the City Engineer. Such provisions may include
providing adequate drainage facilities, protective walls, suitable fill, raising the floor level of the building
or by other means. The placement of the building and other structures (including walls and fences ) on
the building site shall be such that water or mudflow will not be a hazard to the building or adjacent
property. The City Engineer in the application of this standard shall enforce as a minimum the current
Federal flood plain management regulations as defined in Title 24, Chapter X, Subchapter B, National
Flood Insurance Program, Part 1910.
Add new Sections 9-4.152 through 9-4.157:
9-4.152 Hillside Development
The purpose of the Hillside Development Sections (9-4.152 through 9-4.157) is to preserve the rural nature
of hillside areas, encourage the preservation of existing trees and vegetation, and encourage grading and
design that preserves natural landforms and geographical features, minimizes aesthetic impacts, and
maintains slope stability. Hillside Development standards are organized into the following sections:
9-4.153 Applicability
9-4.154 Definitions
9-4.155 Reserved
9-4.156 Process
9-4.157 Hillside Development Standards
The provisions of the Hillside Development Sections shall apply in addition to the applicable provisions of
Sections 9-4.138 through 9.4-151 pertaining to grading, sedimentation and erosion control, nuisance and
hazard abatement, and drainage.
9-4.153 Applicability.
Sections 9-4.152 through 9-4.157 shall apply to all development, grading, and construction projects with an
area of disturbance before grading of fifteen percent (15%) or more.
9-4.154 Definitions.
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As used in these Sections 9-4.152 through 9-4.157, the following terms are defined:
(a) Area of Disturbance. The portion of a project site that is disturbed to accommodate structures,
foundations, all graded slopes, parking areas, driveways, graded outdoor recreation spaces, and any
areas otherwise graded.
(b) Average Slope. See “slope, average”, as defined in Chapter 9-9.102 (General definitions). The City
may require a survey and slope analysis prepared by a licensed surveyor or licensed civil engineer
showing average percent slope categories.
(c) Hillside Area. A site with an area of disturbance with a slope before grading of fifteen percent (15%) or
more.
(d) Primary Structure. The structure of chief function on a site. In general, the primary use is carried out in
a primary structure. (See also “Accessory Structure” and “Building, Accessory” in Section 9 -9.102).
9-4.156 Process.
(a) Ministerial Review. Development and/or grading in a hillside area that does not otherwise require a
discretionary approval, or is not part of a project that requires discretionary approval pursuant to this
Title 9 (including, but not limited to, Conditional Use Permits and Precise Plans), shall be processed as
a ministerial review (e.g., Building/Grading Permit, as applicable), only if the development and/or
grading is consistent with Section 9-4.157 (Hillside Development Standards).
(b) Discretionary Review. Grading and/or construction in a hillside area that does not comply with Section
9-4.157 (Hillside Development Standards) shall require discretionary approval of a Precise Plan
pursuant to Section 9-2.109 (unless a Conditional Use Permit is required pursuant to Section 9-2.110).
9-4.157 Hillside Development Standards.
Except as allowed through discretionary review consistent with Section 9 -4.156 (Process), the following
standards apply to any area of disturbance with a slope of greater than fifteen percent (15%):
(a) Area of Disturbance Standards. The maximum area disturbed by grading on a site shall not exceed
twelve thousand five hundred (12,500) square feet, inclusive of areas allowed by Subsection 9-4.157(b,
c, d, and e).
(b) Building Pad Standards.
(1) Slopes up to 20%. Where the area of disturbance has an existing slope less than twenty percent
(20%), individual pad grading is allowed if compliant with Section 9-4.157(a) and Sections 9-
4.157(c – f).
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(2) Slopes 20%+. Where the area of disturbance has an existing slope of more than twenty percent
(20%), pad grading is not allowed. Foundations shall incorporate special building techniques
designed by a registered engineer or architect, including, but not lim ited to, split levels, benching,
cantilevered, poles, piles, step and stem walls, and other methods designed to minimize soil
disruption.
(c) Building Design. The height of the lowest
finished floor(s) of a building shall not be more
than twelve (12) feet above the existing grade to
ensure that buildings follow slopes.
(d) Grading.
(1) See Sections 9-4.138 through 9-4.151 (Grading and drainage standards).
(2) On slopes over twenty percent, (20%) grading for outdoor recreation/open spaces shall be
equivalent to no more than fifty percent (50%) of the footprint of the primary structure, inclusive of
all graded flat areas around the full perimeter of the primary s tructure.
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(e) Retaining Walls.
(1) Height and Separation.
(i) Height. The maximum height of a retaining wall shall be eight (8) feet, except a retaining wall
up to twelve (12) feet high is permitted where it is integral to the foundation of the primary
structure or a detached garage associated with the primary structure and where it can be
demonstrated that it is necessary to minimize impacts to native trees or natural drainage
features.
(ii) Separation. All retaining walls shall be separated by a minimum of five (5) feet.
(iii) Measurement. See Section 9-4.128(c)(1)(iv) for rules of measurement.
(2) Design.
(i) Retaining walls shall be designed with lines that conform to the hillside topography.
(ii) Materials shall consist of stone, soil nail, poured in place concrete, split face (or similarly
textured) block, gabion walls, or similar method.
(f) Landscaping and Native Trees.
(1) When a noncommercial project proposes to remove more than one native tree, removal of existing
native trees as defined in Chapter 11 (Native Tree Regulations) shall:
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(i) Not exceed thirty percent (30%) of the total on-site tree canopy or 10,000 square feet of total
on-site tree canopy area, whichever results in the least tree removal; and
(ii) Comply with Section 9-11.105(d)(4) (Conditions of Approval).
(iii) Nonresidential projects are exempt from Section 9 -4.157(f)(1)(i).
(2) Retaining walls along driveways, roads, and cut and fill areas shall be designed to minimize
impacts to existing native trees, with retaining wall footings placed a distance equal to that of the
tree’s dripline plus fifty percent (50%) of that dripline distance at a minimum.
(3) Where grading or erosion control requires reseeding, seeds and other plant materials used for
erosion control and slope stabilization shall consist of native and/or drought tolerant species. The
seed and plant material may not contain any non -native or non-drought tolerant plant species. See
also 9-4.143(d) (Grading Near Watercourses).
Amend as redlined for renumbering only Section 9 -4.164:
9-4.161 Lot line adjustment review for flag lots.
(a) The adjustment of all property lines containing a flag lot shall be permitted in accordance with the
following design standards:
(1) The original lot shall have frontage on a dedicated street.
(2) The accessway to the rear lot shall be at least 20 feet wide for residential zones, except where the
accessway is more than 150 feet long, it shall be at least 24 feet wide. For all other zones, the
accessway shall be at least 30 feet wide.
(3) The lot farthest from the street shall own the accessway in fee. Other lots using the accessway
shall have an access and utility easement over it.
(4) Lots utilizing the accessway of a flag lot may be required to enter into a road maintenance
agreement to insure perpetual maintenance and repair of the accessway.
Amend as redlined Section 9-4.162:
9-4.162 Archaeological Resources.
(a) The Planning Department shall retain maps on file with locations of known archaeologically sensitive
areas. A Phase I archaeological study shall be completed and submitted to the City prior to
construction or grading proposed within these mapped areas.
(1) If the Phase I archaeological study determines there is not potential to adversely affect
archaeological resources pursuant to the California Environmental Quality Act, and the project
does not otherwise require a discretionary approval, or is not part of a project that requires
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discretionary approval pursuant to this Title 9 (including, but not limited to, Conditional Use
Permits and Precise Plans), the project shall be processed as a ministerial approval (e.g.,
Building/Grading Permit, as applicable).
(2) If the Phase I archaeological study determines that there is the potential to adversely affect
archaeological resources pursuant to the California Environmental Quality Act, projects shall
be subject to Precise Plan review consistent with Section 9 -2.109.
(b) In the event archaeological resources are unearthed or discovered during any construction or earth
disturbing activities, the following standards apply:
(1) Construction activities shall cease and the Planning Department shall be notified so that the
extent and location of discovered materials may be recorded by a qualified arch aeologist and
disposition of artifacts may be accomplished in accordance with State and Federal law.
(2) In the event archaeological resources are found to include human remains, or in any other
case when human remains are discovered during construction, the County Coroner is to be
notified in addition to the Planning Department so proper disposition may be accomplished.
Add new Sections 9-4.163 through 9-4.175:
9-4.163 Historic Resources Ordinance Purpose.
The following sections (9-4.163 through 9-4.169) establish standards and processes for the treatment of
historic resources. The purpose of these sections is to promote public health, safety, and welfare and
provide for the recognition and consideration of historic resources that reflect the social, cultural, historical,
and architectural heritage of the city by establishing procedures and standards necessary to:
(a) Implement the goals and policies of the General Plan;
(b) Maintain historic community assets;
(c) Integrate the consideration of historic resources into the development process;
(d) Maintain rights of the owners of historic resources; and
(e) Fulfill the City’s responsibilities under any applicable state and federal laws, including the California
Environmental Quality Act, National Environmental Policy Act, and the National Historic
Preservation Act of 1966.
9-4.164 Historic Resources Ordinance Applicability.
The provisions of Sections 9-4.163 through 9-4.169 apply to historic resources, as defined in Section
9-4.165, located within Atascadero.
9-4.165 Historic Resources Definitions.
As used in these Sections 9-4.163 through 9-4.169, the following terms are defined:
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(a) Alteration. Change, repair, replacement, rehabilitation, remodel modification, or new construction to:
(1) the exterior of an historic resource, including the replacement of windows, doors, siding, and
anything considered to be a character-defining feature; (2) the structural elements that support the
exterior walls, roof, or exterior elements of the historic resource; (3) character-defining features of the
interior of an historic resource if the resource’s significance is wholly or partially based on interior
features and the resource is publicly accessible.
(b) Building. Construction created principally to shelter any form of human activity, such as a house, barn,
church, hotel, or similar, as defined in National Register Bulletin No. 15. "Building" may also be used to
refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn.
(c) California Register of Historical Resources. The State register that includes buildings, sites,
structures, objects, and districts significant in the architectural, engineering, scientific, economic,
agricultural, educational, social, political, military, or cultural annals of California pursuant to t he
California Public Resources Code Section 5024.1 and in the California Code of Regulations Title 14,
Chapter 11.5, Section 4850, et seq., as it may be amended.
(d) Character Defining Feature. The essential physical features that convey why a building, structure,
object, site, or district is socially, culturally, or architecturally significant based on the applicable criteria
for designation and its period of significance.
(e) Demolition. Any act that destroys or removes, in whole or part, an historic resource such that its
historic or architectural character and significance are materially altered.
(f) District, or Historic District. A significant concentration, linkage, or continuity of sites, buildings,
structures, or objects united historically or aesthetically by plan or physical development , as defined in
National Register Bulletin No. 15.
(g) Historic Resource. Districts, sites, buildings, structures, and objects listed in the National Register of
Historic Places, California Register of Historical Resources, or the City of Atascadero’s Historic
Resources List (see Section 9-4.166).
(h) National Register of Historic Places. The official inventory of districts, sites, buildings, structures, and
objects significant in American history, architecture, engineering, archaeology, and culture that is
maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the
National Historic Preservation Act of 1966.
(i) Object. Those constructions that are primarily artistic in nature or are relatively small in scale and
simply constructed (this definition is used to distinguish from buildings and structures), as defined in
National Register Bulletin No. 15. Although it may be, by nature or design, movable, an object is
associated with a specific setting or environment.
(j) Preservation. The act or process of applying measures to sustain the existing form, integrity, and
material of a historic property. Includes initial stabilization work, where necessary, as well as ongoing
preservation maintenance and repair of historic materials and fea tures, as defined in the Secretary of
Interior’s Standards.
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(k) Rehabilitation. The act or process of making possible a compatible use for a property through repair,
alterations, and additions while preserving those portions or features that convey its historical, cultural
and architectural values, as defined in the Secretary of Interior’s Standards.
(l) Relocation. Removal of an historic resource from its original site and its re-establishment in essentially
the same form, appearance, and architectural detailing at another location , as defined in the Secretary
of the Interior’s Standards.
(m) Restoration. The act or process of accurately depicting the form, features, and character of a property
as it appeared at a particular period of time by removing features from other periods in its history and
reconstructing missing features from the restoration period , as defined in the Secretary of the Interior’s
Standards.
(n) Secretary of the Interior’s Standards. The Secretary of the Interior’s Standards for the Treatment of
Historic Properties as published by the U.S. Department of the Interior and as it may be amended.
(o) Site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or
structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural,
or archeological value regardless of the value of any existing structure , as defined in National Register
Bulletin No. 15, as well as local cultural landscapes (e.g., Sunken Gardens, Lake Park, etc.).
(p) Structure. Those functional constructions made usually for purposes other than creating human
shelter (intended to be distinguished from buildings), including walls, fences, signs, bridges,
monuments, and similar features, as defined in National Register Bulletin No. 15.
9-4.166 Historic Resources List.
(a) Creation of Historic Resources List. The City shall create and maintain a list of historic resources in
Atascadero known as the Historic Resources List, which shall be adopted by resolution of the City
Council and which shall consist of historic resources meeting the following criteria:
(1) Colony Era and Pre-Colony Era structures built prior to 1926 that retain historical integrity; or
(2) Other buildings, structures, objects, or sites that:
(i) Are at least 50 years old;
(ii) Exhibit demonstrable historic significance consistent with the Historic Resource List eligibility
criteria (Section 9-4.166(b)); and
(iii) Retain sufficient historic integrity to accurately convey its significance (Section 9-4.166(c)).
(b) Historic Resource List Eligibility Criteria. In order to qualify as eligible for listing in the City’s Historic
Resources List, a resource must exhibit demonstrable historical significance consisting of one or more
eligibility criteria:
(1) The resource is associated with a significant local event or pattern of development.
(2) The resource is associated with a significant person or persons.
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(3) The resource is recognized as possessing distinctive stylistic characteristics or workmanship
significant for the study of a period, method of construction, or use of native materials.
(4) The resource is recognized as possessing special aesthetic merit or value in the community as a
resource with quality of design or workmanship and that retains sufficient character-defining
features embodying its aesthetic significance.
(5) The resource is associated with an architect, designer, or builder whose work has influenced the
development of Atascadero.
(6) The resource is recognized as a significant example of the cultural, natural, archaeological, or built
heritage of Atascadero.
(c) Historical Integrity. In order to qualify as eligible for listing in the City’s Historic Resources List, a
resource must, in addition to exhibiting historical significance, exhibit historical integrity as defined in
the National Register Bulletin No. 15, or other updated evaluation guidance published by the U.S.
Department of the Interior and/or National Park Service, based on a combination of some of the
following features:
(1) Location
(2) Setting
(3) Design
(4) Materials
(5) Workmanship
(6) Feeling
(7) Association
(d) Amending Historic Resources List.
(1) Adding Resources. The Community Development Director, based on staff or community member
recommendation, may amend the Historic Resources List from time to time to add historic
resources, based on the factors listed in Section 9-4.166(a).
(2) Removing Resources. Following a staff recommendation that a particular resource no longer
meets eligibility criteria and/or exhibits historical integrity, the removal of resources from the
Historic Resources List is subject to review and approval by the Design Review Committee (DRC).
(3) Public Notice. Amendment of the Historic Resources List shall require public notice to the property
owner of the subject historic resource.
9-4.167 Historic Resources Alterations.
(a) Ministerial Review. The following alterations to historic resources on the Historic Resources List,
which include additions to resources, shall be processed as a ministerial review (i.e., Building Permit):
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(1) Ordinary maintenance and repairs that do not change the exterior design, materials, architectural
features, or character-defining features of an historic resource, including in-kind replacement of
existing features. To be considered “replacement in kind,” the features must reasonably match the
design, profile, material, and general appearance of the existing or original features ; and
(2) Alterations that meet the Secretary of the Interior’s Standards for the Treatment of Historic
Properties applicable to the particular historic resource type, its significance, and its character-
defining features.
(b) Precise Plan Review. The following alterations to historic resources on the Historic Resources List
shall be processed via Precise Plan review pursuant to Section 9-2.109 (Precise Plan):
(1) Alterations that do not meet the Secretary of the Interior’s Standards for the Treatment of Historic
Properties applicable to the particular historic resource; and
(2) Alterations to historic resources listed on the National Register of Historic Places or on the
California Register of Historical Resources.
(c) Alternative Building Code Provisions. All buildings, structures, objects, or sites on the Historic
Resources List are considered historical resources as defined by the California Environmental Quality
Act (PRC §21000-22189) and may be eligible to use alternative building code provisions as determined
by the Building Official, such as the California State Historical Building Code.
9-4.168 Historic Resources Relocation and Demolition.
(a) Relocation of Historic Resources.
(1) Ministerial Review. Relocation of an historic resource on the Historic Resources List that meet s
the following conditions shall be processed as a ministerial review (i.e., Building Permit):
(i) The historic resource is significant for its architecture, design, construction method, or
similar historical theme that is not derived from its original location, setting, or specific
surrounding context;
(ii) The historic resource is significant for events, patterns of development, or similar historical
themes, but:
a. The historic resource is being relocated a short distance such that it retains essential
aspects of historical integrity; or
b. The historic resource is being relocated to a new location with a more appropriate
context, as determined by a qualified architectural historian or equivalent professional
than the existing context given proposed changes to the existing context;
(iii) All alterations to the historic resource—from preparing for relocation to final rehabilitation
and occupation—meet the Secretary of the Interior’s Standards applicable to the particular
historic resource; and
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(iv) The applicant has submitted to the City an Historic Resource Relocation Plan that
demonstrates the project’s adherence to the Secretary of the Interior’s Standards.
(2) Precise Plan Review. The following relocations of an historic resource on the Historic Resources
List shall be processed via Precise Plan review pursuant to Section 9-2.109 (Precise Plan):
(i) Relocations that are inconsistent with the Secretary of the Interior’s Standards applicable
to the particular historic resource; and
(ii) Relocations of historic resources listed on the National Register of Historic Places or on
the California Register of Historical Resources.
(b) Demolition of Historic Resources.
(1) Precise Plan Review. Demolition of an historic resource on the Historic Resources List shall be
processed as via Precise Plan review pursuant to Section 9-2.109 (Precise Plan), unless the
historic resource has been removed from the Historic Resources List pursuant to Section 9-
4.166(d)(2) (Removing Resources).
(2) National and State Historic Resources. Any proposed demolition or other action that will have an
adverse effect on a resource on the National Register of Historic Places or on the California
Register of Historical Resources shall comply with California Public Resources Code Section 5028.
(3) Unlisted Resources. If a building, structure, object, or site is more than 50 years old but not listed
in the Historic Resources Inventory, National Register of Historic Places, or California Register of
Historical Resources, and is proposed for demolition, an historic resources assessment report may
be required by the Director to determine its historical significance and status as a historic resource
and the eligibility criteria for listing on the City’s Historic Resource List. If determined an historic
resource, the property shall be subject to the provisions of this Chapter.
(4) Requirements. Prior to the issuance of a permit to demolish an historic resource on the Historic
Resources List, the following measures shall be completed by the applicant:
(i) Documentation. Each historic resource shall be documented to provide a record of the
resource, which shall include the preparation of measured drawings and high -quality
photographs consisting of:
a. Drawings. For buildings, plans shall include, but not be limited to, a site plan; floor plans;
elevations; and detailed drawings of character-defining features, such as exterior
ornamentation and interior details.
b. High-Quality Photographs. Photographs documenting a resource shall include the
exterior and interior, context and important spatial features, and details of relevant
character-defining features.
(ii) Salvaged Features and Artifacts. In an effort to preserve features and artifacts of buildings
and structures, the City shall make a determination on whether items within or appurtenant to
the building or structure shall be salvaged by the applicant prior to demolition. This is
particularly true of historic Colony Homes, where certain materials may be utilized in repair and
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rehabilitation efforts at other Colony Homes under the guidance included within Secretary of
the Interior’s Standards. Such salvaged features and artifacts, including the whole building or
structure and listed elements, shall be advertised in a local publication for local use for 30 days
before dispersal. To the extent feasible, all salvaged elements and features shall be stored on -
site for this duration. In this instance, the site shall be demonstrably secured and the salvaged
materials appropriately protected from the elements. Where on-site storage is not feasible,
other secure locations with controlled access and appropriate protection from the elements
may be used. A salvage and storage plan outlining these details shall be submitted to the City
for approval.
(iii) Additional Mitigation Measures. Additional mitigation measures may be required for historic
resources listed on the National Register of Historic Places or on the California Register of
Historical Resources or where identified as necessary by the Director for significant resources.
9-4.169 Historic Resources - Application and Process
(a) Application Submittal Requirements. In addition to the application submittal requirements pertaining
to the specific type of permit required for historic alterations, relocations, and demolitions, the following
items may be required if determined necessary by the Director:
(1) Historic resource survey that provides photographs of the historic resource (exterior, interior,
character-defining features, and setting) and a summary of the property’s history, existing
condition, and historical significance. All historic resource survey filings shall be conducted by a
qualified architectural historian that meets the Secretary of the Interior’s professional qualifications
standards in architectural history, or equivalent professional; and/or
(2) Any other supporting information reasonably necessary for review of the proposed work or request.
(b) Concurrent Processing. Any historic resource alteration, or relocation, or demolition associated with
another permit application shall be processed concurrently and reviewed by the highest review
authority designated by the Zoning Code for any of the applications.
(c) Accessory Dwelling Units. Alterations to historic resources that consist of the addition of an
accessory dwelling unit to an historic resource on the California Register of Historical Resources shall
comply with Title 9, Chapter 5 (Accessory and Junior Accessory Dwelling Units).
(d) No Net Loss. Notwithstanding the provisions of Section 9-4.168(b), demolition of an historic resource
shall be consistent with the applicable provisions of Government Code Section 66300(d), including that
in the case of a housing development project, as defined in Government Code Section 65589.5(h)(2),
no demolition or other loss of a legally established residential dwelling unit in the city shall be approved
unless it is part of a project that will create at least as many residential dwelling units as that to be
demolished or otherwise lost.
(e) Unsafe Structures. If a building, structure or object is determined by the City’s Building Official and
Community Development Director to be unsafe, presents a public hazard, is not securable, or is in
imminent danger of collapse so as to endanger persons or property, the demolition standards of
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Section 9-4.168(b) may not apply. The Building Official and Community Development Director’s mutual
determination on this matter shall be governed by applicable law.
9-4.170 Watercourse- and Wetland-Adjacent Development - Purpose.
The following Sections 9-4.171 through 9-4.175 establish standards for the review of proposed
development adjacent to watercourses and wetlands within Atascadero. The purpose of these sections is to
promote public health, safety, and welfare by establishing procedures and standards necessary to:
(a) Implement the goals and policies of the General Plan;
(b) Consider potential flood impacts prior to approving development;
(c) Consider sensitive resources in the development process;
(d) Maintain rights of the owners of watercourse- and wetland-adjacent property; and
(e) Fulfill the City’s responsibilities under any applicable state and federal laws, including the California
Environmental Quality Act and National Environmental Policy Act.
9-4.171 Applicability.
(a) General. The provisions of Sections 9-4.170 through 9-4.175 apply to all watercourse- and wetland-
adjacent areas in Atascadero, as defined below:
(1) Watercourse-Adjacent Areas. Watercourse-adjacent areas include the following:
(i) Areas located within one-hundred (100) feet of the Salinas River; and
(ii) Areas located within twenty (20) feet of any other major or minor watercourse, as defined in
Section 9-4.172 (Definitions).
(2) Wetland-Adjacent Areas. Wetland-adjacent areas are those located within twenty (20) feet of a
jurisdictional wetland, as defined in Section 9-4.172 (Definitions).
Figure 9-4.172-1: Watercourse-Adjacent Areas
(b) Floodway and Floodplain. Development and activities within watercourse- and wetland-adjacent
areas shall also comply with the provisions of Chapter 11 (Flood Damage Protection) and Title 7
(Public Works), as applicable. Where there is conflict between these Sections 9 -4.170 through 9-4.175
and Chapter 11 of Title 7, the more restrictive provisions shall prevail.
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(c) Prior Approvals. Where the City has explicitly approved a watercourse- or wetland-adjacent
development with differing standards than those listed by these Sections 9-4.170 through 9-4.175, that
approval shall govern development standards so long as the approval remains active.
9-4.172 Definitions.
As used in these Sections 9-4.170 through 9-4.175, the following terms are defined:
(a) Riparian Vegetation. Those herbaceous plants, shrubs, and trees that are naturally associated with
watercourses where the plant species tolerates, or requires, moist soil conditions. Riparian vegetation
canopies may extend over, or beyond, the existing associated watercourse.
(b) Watercourse. Rivers, streams, brooks, creeks, waterways, lakes, ponds, and all other bodies of water,
vernal or intermittent, public or private, that are contained within, flow through, or border the city, and
which are not considered “wetlands.”
(1) Major Watercourse. The major watercourse features within the city limits are the Salinas River,
Atascadero Creek, Graves Creek, Paloma Creek, and Boulder Creek.
(2) Minor Watercourse. Minor watercourse features are those other perennial, intermittent, or
ephemeral watercourse features that are considered jurisdictional by the state and/or federal
government and not included in the definition of a major watercourse (Section 9 -4.172[b][1]).
(c) Watercourse-Adjacent Areas. See Section 9-4.171(a)(1) (Watercourse-Adjacent Areas).
(d) Wetland, or Jurisdictional Wetland. Wetlands shall be consistent with the California Fish and Game
Code and Clean Water Act definitions. Wetlands are typically areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions.
(e) Wetland-Adjacent Areas. See Section 9-4.171(a)(2) (Wetland-Adjacent Areas).
9-4.173 Measurement of Watercourse- and Wetland-Adjacent Areas.
(a) Watercourse-Adjacent Areas. Measurement of water-course adjacent areas shall be from the existing
top of bank or ordinary high watermark if no defined bank exists.
(1) Measuring Top of Bank.
(i) General. Top of bank determination shall be consistent with the California Department of
Fish and Wildlife definition. Generally, where the watercourse has a sloped bank rising
from the toe of the bank to a hinge point at the generally level upper ground, the hinge
point is the “top of bank.”
(ii) 100-Year Flood Plain. Where the watercourse bank slope rises from the toe of the bank,
levels off one or more times, then rises to a hinge point at the generally level upper
ground, the hinge point at or directly above the FEMA 100-year flood surface elevation
shall be considered top of bank. If the FEMA 100-year flood surface elevation is above the
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highest hinge point, the highest hinge point is considered top of bank. See Figure 9-4.173-
1: Measurement of Top of Bank.
Figure 9-4.173-1: Measurement of Top of Bank
(b) Wetland-Adjacent Areas. Measurement of wetland-adjacent areas shall be from the edge of the
jurisdictional wetland boundary as identified by a qualified environmental consultant or wetlands
specialist.
9-4.174 Process and Application Submittal.
(a) Ministerial Review Process. Development or placement of items in a watercourse- or wetland-
adjacent area that does not otherwise require a discretionary approval, or is not part of a project that
requires discretionary approval pursuant to this Title 9 (including, but not limited to , Conditional Use
Permits and Precise Plans), shall be processed as a ministerial approval (e.g., Building/Grading Permit,
as applicable), only if:
(1) The development and placement of items are consistent with Section 9-4.175 (Permitted
Improvements); and
(2) Upon confirmation by the Community Development Director based on a site visit and/or
documentation that no applicable resources would be adversely affected.
(b) Discretionary Review Process. Development or placement of items in a watercourse- or wetland-
adjacent area that does not comply with Section 9-4.175 (Permitted Improvements) and/or that the
Community Development Director has determined has the potential to adversely affect watercourse or
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wetland resources, shall require discretionary approval of a Precise Plan pursuant to Section 9-2.109
(Precise Plan).
(c) Application. In addition to the requirements of Chapter 2 (Applications: Content, Processing and Time
Limits), and in addition to those requirements identified in Section 9-2.109 (Precise Plan), applications
for development or placement of items in a watercourse- or wetland- adjacent area shall include the
following, unless waived by the Community Development Director upon determining that no purpose
will be served by such a report because no applicable watercourse or wetland resources will be
affected:
(1) Vegetation/Top of Bank/Riparian Technical Report.
(i) For lots with riparian vegetation associated with a watercourse, lots with wetlands, and/or,
at the discretion of the Community Development Director, for lots adjacent to those with
riparian vegetation associated with a watercourse or wetland, a technical report prepared
by a qualified environmental consultant or wetlands specialist that describes and maps the
types of vegetation, identifies and maps the watercourse tops of banks, and determines
the edge of riparian vegetation and wetlands, pursuant to Section 9-4.173(b);
(ii) For lots with a watercourse and without riparian vegetation, a technical report prepared by
a qualified environmental consultant, wetlands specialist, or licensed civil engineer that
identifies the watercourse tops of banks and ordinary high -water mark, as applicable,
pursuant to Section 9-4.173(a); and
(iii) For Precise Plan applications, a technical report prepared by a qualified environmental
consultant or wetlands specialist determining that the watercourse or wetland will not be
significantly impacted by the improvement, including a biological survey, a written analysis
of the project impacts to special status species, riparian and/or wetland habitat, and
required avoidance and minimization measures.
(2) Soil Report. For any structures proposed, a technical report prepared by a qualified soil engineer
that confirms the watercourse bank and/or wetland is stable and is unlikely to erode, ensuring that
the structure will not be structurally undermined.
(3) Hydrology Report. For Precise Plan applications, a hydrology report prepared by a qualified
licensed engineer providing analysis of the project impacts to hydrology and hydraulics. The
hydrology report shall include a topographical survey of the watercourse or wetland feature with
one-foot contour lines at one (1) to twenty (20)-foot scale from bank to bank within the
development area (and which may, at the discretion of a qualified licensed engineer and /or as
required by the Community Development Director and/or the City Engineer or their designees,
include additional areas up and downstream, including areas beyond the property lines),
engineered grading and drainage plan of the site, and required avoidance and minimization
measures.
(d) State and/or Federal Regulatory Agency Jurisdiction. Applications for development within a
watercourse-adjacent or wetland-adjacent area may also be subject to state and/or federal regulatory
agency jurisdiction and shall ensure compliance with applicable regulations and permitting procedures.
9-4.175 Permitted Improvements.
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(a) General Permitted Development and Placement of Items.
(1) Allowed Items. The following items are allowed within the watercourse- and wetland-adjacent
areas with ministerial approval pursuant to Section 9-4.174(a):
(i) Fences, provided such fences maintain seventy-five percent (75%) open air, such as
welded wire mesh, hog wire, or split rail, and that if crossing a watercourse, do not extend
below the ordinary high-water mark or otherwise impede water flow;
(ii) Landscape walls less than three (3) feet in height;
(iii) Walkways (either pervious or impervious) no more than six (6) feet in width;
(iv) The following patios, decks, and gazebos that cumulatively occupy no more than thirty
percent (30%) of the property line adjacent to the watercourse (in linear feet):
a. Patios (either pervious or impervious) that encroach no more than two-hundred (200)
square feet into the watercourse- or wetland-adjacent area;
b. Raised decks, including stairs and landings, that encroach no more than three-
hundred (300) square feet into the watercourse- or wetland-adjacent area; and
c. Small open-air accessory structures including gazebos, patio covers, pergolas,
trellises, or other similar structures without a solid roof, and constructed so that each
side is open and unenclosed except for structurally necessary supports, that encroach
no more than two-hundred (200) square-feet into the watercourse- or wetland-adjacent
area;
(v) Non-fixed outdoor furniture that is not permanently attached to a structure or the ground;
(vi) Bioswales, rain gardens, and similar non-structural flood control and stormwater
improvements constructed with natural materials and planted with non-invasive vegetative
species;
(vii) Repairs to existing permitted structures and facilities that do not increase the size or
footprint of the structures or facilities;
(viii) Minor landscape features not requiring grading;
(ix) Landscape installation of non-invasive vegetative species;
(x) Vegetation management, which may require agency permits if located within a riparian
area;
(xi) Watercourse or wetland monitoring or gauging facilities operated by local, state, or federal
agencies;
(xii) Underground utilities permitted by the United States Army Corps of Engineers, California
Department of Fish and Wildlife, or Regional Water Quality Control Board;
(xiii) Private ground-mounted utilities (e.g., propane tank), only if there is no other feasible
location on the property; and
(xiv) Public utilities.
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(2) Requirements for Placement. Items listed in Section 9 -4.175(a)(1) are allowed provided:
(i) Except fences allowed by Section 9-4.175(a)(1)(i), items do not extend:
a. Beyond the top of bank, or ordinary high watermark if no defined bank exists;
b. Into the watercourse channel; or
c. Within the delineated jurisdictional boundary of a wetland ;
(ii) Items do not conflict with Title 7, Chapter 11 (Flood Damage Prevention); and
(iii) Items are consistent with all other development standards of Title 9 (Planning and Zoning).
(b) Permitted Development and Placement of Items in Downtown.
(1) Permitted Items. In Downtown, between U.S. 101 and Hospital Drive, and adjacent to Atascadero
Creek, on commercially or publicly owned properties, the following items are allowed within the
watercourse- and wetland-adjacent areas with ministerial approval pursuant to Section 9-4.174(a):
(i) All items listed in Section 9-4.175(a);
(ii) Publicly accessible trails; and
(iii) Outdoor dining areas and gathering spaces.
(2) Requirements for Placement. Items listed in Section 9-4.175(b)(1) are allowed provided:
(i) Except fences allowed by Section 9-4.175(a)(1)(i), items do not extend:
a. Beyond the top of bank, or ordinary high watermark if no defined bank exists;
b. Into the watercourse channel; or
c. Within the delineated jurisdictional boundary of a wetland ;
(ii) Items do not conflict with Title 7, Chapter 11 (Flood Damage Prevention);
(iii) On commercially owned properties, items in total do not occupy more than 50 percent of the
total required setback area on the lot; and
(iv) Items are consistent with all other development standards of Title 9 (Planning and Zoning).
(c) Watercourse Crossings.
(1) Permitted Items. Over minor watercourses only, the following are allowed:
(i) Clear span bridges;
(ii) Standard round culverts with a minimum fifteen (15) inch diameter and up to twenty-four
(24) inches in diameter; and
(iii) Arched or natural bottom culverts over twenty-four (24) inches in diameter.
(2) Requirements for Placement and Construction. Items shall be designed in accordance with all
applicable best management practices to prevent obstruction or diversion of flood and drainage
flow and to minimize adverse impacts to riparian vegetation and habitat and scenic resources
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along or within the watercourse. Concrete sides and/or bottoms of watercourses are prohibited.
See also Title 7, Chapter 11 (Flood Damage Prevention).
(d) Prohibited Activities. The keeping and grazing of swine, ovines, and/or bovines; storage of vehicles
or materials; and active recreation uses that result in natural landform modification are prohibited in
watercourse- and wetland-adjacent areas. See also Title 5, Chapter 15 (Prohibited Camping).
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DRAFT ORDINANCE B
ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, APPROVING A ZONING MAP
AMENDMENT TO REMOVE THE HISTORIC SITE (HS) OVERLAY ZONE
FROM CERTAIN PROPERTIES CONTAINING COLONY HOMES AND
APPLY THE HISTORIC SITE (HS) OVERLAY TO STATE AND
FEDERALLY REGISTERED HISTORIC RESOURCES
HISTORIC SITE OVERLAY ZONING MAP AMENDMENTS
(ZCH-0061)
WHEREAS, California Government Code Section 37361 enables city legislative bodies
to provide for “places, buildings, structures, works of art, and other objects, having a special
character or special historical or aesthetic interest or value, special conditions or regulations for
their protection, enhancement, perpetuation or use”; and
WHEREAS, Atascadero was one of the first master planned communities in California
born out of the City Beautiful movement, with the Atascadero Colony subdivision recorded in
1913 beginning the “colony era” of colony home building between 1913 and 1926, providing
important historic context for the City; and
WHEREAS, certain properties, buildings, and other known resources in Atascadero are
listed on the State and/or National Register of Historic Places; and
WHEREAS, the existing Historic Site (HS) Overlay has been applied to certain properties
with historic resources over the years, but not all recognized resources; and
WHEREAS, properties listed on the State and/or National Register of Historic Places are
of unique importance; and
WHEREAS, the Historic Site (HS) Overlay serves as a companion to the City’s proposed
Historic Resources Ordinance (new AMC Sections 9-4.163 through 9-4.169) specific to those
properties listed on the State and/or National Register of Historic Places; and
WHEREAS, the Planning Commission has had the opportunity to review the Atascadero
HS Overlay Zoning Map Amendment and has determined that it is in the best interest of the City
to enact this amendment to the Official Zoning Map; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Map
Amendment was held by the Planning Commission of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said Zoning Map Amendment; and
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WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Map
Amendment was held by the City Council of the City of Atascadero at which hearing evidence,
oral and documentary, was admitted on behalf of said Zoning Map Amendment; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct and incorporated herein as
if set forth in full.
SECTION 2. Planning Commission Recommendation. The Planning Commission of the
City of Atascadero, on October 15, 2024, held a timely and properly noticed Public Hearing upon
the subject Title 9 Atascadero Municipal Code amendments and associated actions, at which
hearing evidence, oral and documentary, was admitted on behalf of said amendments and the
Planning Commission recommended that City Council approve the proposed text amendments.
SECTION 3. Public Hearings. The City Council held a duly noticed public hearing to
consider the project on November 12, 2024 and considered testimony and reports from staff and
the public.
SECTION 4. Findings for Approval. The City Council makes the following findings and
determinations for approval of the proposed map amendments:
1. FINDING: The Zoning Map Amendment is consistent with General Plan policies and
all other applicable ordinances and policies of the City.
FACT: The proposed Zoning Map Amendment is consistent with the General Plan,
including Goal LOC 6: preserve natural flora and fauna and protect scenic lands,
sensitive natural areas, historic buildings and cultural resources.
2. FINDING: This Amendment of the Zoning Map will provide for the orderly and
efficient use of lands where such development standards are applicable.
FACT: The proposed map amendment identifies existing State and federally
recognized historic resources and supports the orderly and efficient use of land.
3. FINDING: The Zoning Map Change will not, in itself, result in significant
environmental impacts.
FACT: The proposed map amendment protects existing historic resources, is aligned
with the California Environmental Quality Act Guidelines, and will not result in an
environment impact.
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SECTION 5. CEQA. The proposed Zoning Map Amendment is exempt from the
California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq.,
because it can be seen with certainty that there is no possibility that the enactment of this
Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065;
CEQA Guidelines §§ 15378(b)(4), 15061(b)(3).
SECTION 6. Approval. The City Council of the City of Atascadero, in a regular session
assembled on November 12, 2024, resolved to introduce, for first reading, by title only, an
ordinance that would amend the official zoning designation as detailed in Exhibit A (Zoning Map
Amendment), attached hereto and incorporated by this reference.
SECTION 7. 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 8. 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 9. 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 10. 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 11. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 12. 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 November 12, 2024, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of
California, on December 10, 2024.
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CITY OF ATASCADERO:
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Dave Fleishman, City Attorney
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EXHIBIT A:
LISTS OF PROPERTIES WHERE THE HISTORIC OVERLAY IS TO BE
REMOVED OR APPLIED
PROPERTIES WHERE HISTORIC SITE OVERLAY IS ELIMINATED
APN(S) ADDRESS(ES) NOTES
029-252-001 5735 Rosario HS Overlay previously established with PD-28
029-322-022 5825 Ridgeway HS Overlay previously established with PD-29
030-292-022 8255 San Andres HS Overlay previously established with PD-25
049-104-032 5466 Regio HS Overlay previously established with PD-17
056-131-015 8780 Portola HS Overlay previously established with PD-23
049-105-001 1410 Medio HS Overlay previously established with PD-17
PROPERTIES WHERE HISTORIC SITE OVERLAY IS ADOPTED AND
APPLIED
APN(s) ADDRESS(ES) NOTES
029-345-001
029-346-001 6500, 6505 El Camino Real City Hall and Sunken Gardens; Listed on State and
National Registers of Historic Places
029-331-003 6531 Olmeda The Printery; Listed on State and National
Registers of Historic Places
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CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A10
Department: Administrative
Services
Date: 12/10/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: JERI RANGEL, DIRECTOR OF ADMINISTRATIVE SERVICES
PREPARED BY: JERI RANGEL, DIRECTOR OF ADMINISTRATIVE SERVICES
SUBJECT: Essential Services Transactions and Use Tax Contracting with the State
of California
RECOMMENDATIONS:
Council:
1. Adopt Draft Resolution A authorizing the City Manager to execute agreements with the
California Department of Tax and Fee Administration for implementation of a local
transactions and use tax.
2. Adopt Draft Resolution B authorizing representatives of the City of Atascadero to examine
confidential transactions and use tax records of the California Department of Tax and Fee
Administration (CDTFA) pertaining to transactions and use taxes collected by the CDTFA
for the City of Atascadero.
3. Authorize the City Manager to enter into a contract with Hinderliter, De Llamas and
Associates for transactions tax audit and information services related to the Measure L-
24 Sales Tax Revenue.
DISCUSSION:
The City Council placed a Ballot Measure on the November 2024 ballot asking voters in
Atascadero this question:
To provide funding that cannot be seized by Sacramento, and that will be used locally for such
things as repair of neighborhood roads, aging infrastructure along with other vital general
government needs, shall the City extend its current ½ cent per dollar sales tax (Measure F-14),
providing approximately $3,000,000 annually, until ended by voters; with citizen committee
oversight, published annual reporting and independent financial audits?
Over 70% of the voting public voted Yes. The Essential Services Transaction and Use Tax
Ordinance (No. 672), that was adopted in June 2024, extends the Transactions and Use Tax (one-
half cent sales tax) to be administered by the California Department of Tax and Fee Administration
(CDTFA). Included in this Ordinance, under Section 3-17.040 of Attachment A, it states, “Prior to
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the operative date, the City shall contract with the California Department of Tax and Fee
Administration to perform all functions incident to the administration and operation of this
Chapter…” The operative date of this Ordinance is April 1, 2027.
There are two contracts that need to be executed between the City and the California Department
of Tax and Fee Administration:
1. Agreement for Preparation to Administer and Operate City ’s Transactions and Use Tax
Ordinance; and,
2. Agreement for State Administration of City Transactions and Use Taxes.
The State will charge a Preparatory Fee for the work necessary to administer the City’s Transaction
and Use Tax Ordinance. The CDTFA's costs for preparatory work include costs of developing
procedures, programming for data processing, developing and adopting appropriate regulations,
designing and printing forms, developing instructions for the Department's staff and for
taxpayers, and other appropriate and necessary preparatory costs to administer a transactions
and use tax ordinance.
By law, the maximum preparatory cost is $175,000. However, the actual amount charged is
typically less than $175,000 particularly in smaller cities and counties where fewer notification
mailings are required. The preparatory fee is also influenced by how many new taxes are
implemented concurrently. The size of the county and/or adjacent counties, the number of other
taxes being implemented at the same time, and the number of taxpayer notifications sent
influence the total preparatory costs. When several new taxes are implemented at the same time,
the fee is lower because of the efficiencies achieved through group implementation. While it is
difficult for the CDTFA to estimate the preparatory cost until all the abovementioned variables
are known, the cost in 2015 for preparation of Measure F-14 administration was $7,800 and the
cost in 2021 for Measure D-20 was $2,850.
The State will also be charging on-going administrative costs, at the rate of 0.77% of the revenue
received from the tax extension.
The State requires a Resolution authorizing the City Manager to execute the agreements (Draft
Resolution A). The State also requires the City adopt a Resolution authorizing representatives of
the City of Atascadero to examine confidential transactions and use tax records of the CDTFA
pertaining to transactions and use taxes collected by the CDTFA for the City of Atascadero (Draft
Resolution B).
While the City Manager and the Administrative Services Director are currently authorized to
examine transactions and use tax records for the Bradley-Burns Sales tax (the base 1% sales tax),
Measure F-14 sales tax information, and Measure D-20 sales tax information, a new Resolution
must be adopted to allow for review of Measure L-24 sales tax information. Draft Resolution B
would also authorize Hinderliter, De Llamas and Associates (HdL) to access the data necessary to
provide the review and analysis services to the City.
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HdL currently provides sales tax review and analysis services to the City for sales tax revenue
received from the Bradley-Burns sales tax, Measure F-14 sales tax, and Measure D-20 sales tax.
CDTFA requires that a separate agreement be executed for the Measure L-24 sales tax revenue
and authorization be granted in a new Resolution.
Under the additional agreement for Measure L-24 sales tax revenue services, HdL will provide
updated reports each quarter identifying changes in allocation totals by individual businesses,
business groups, and by categories. Quarterly aberrations will be identified and quarterly
reconciliation worksheets to assist the City with budget forecasting will be included. HdL will also
provide the City with deficiency/allocation reviews and recovery to identify and correct
unreported transactions and use tax payments and distribution errors.
Staff is recommending the Council adopt the Draft Resolutions. Following adoption of these
Resolutions, the City Clerk will prepare the documentations and submit them to the CDTFA prior
to December 27, 2024, allowing for an April 1, 2027 operative date.
FISCAL IMPACT:
The sales tax measure will generate an estimated $3 million in annual revenue. While the CDTFA
cannot provide an estimate for the Preparatory Fee, staff anticipates costs being between $5,000-
$40,000, and the on-going State administrative costs will be 0.77% of the revenue received from
the tax extension.
HdL monthly fee is estimated to be $300 per month for the review and analysis services that will
be paid from the General Fund, and 25% of the initial amount of new transactions or use tax
revenue received by the City as a result of audit and recovery work performed by HdL. However,
revenue will be received that otherwise would not have been realized, through the audit services
that HdL will provide to the City, offsetting the costs.
REVIEWED BY OTHERS:
This item has been reviewed by the Deputy City Manager and the Deputy Director of
Administrative Services.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
________
James R. Lewis, City Manager
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ATTACHMENT(S):
1. Draft Resolution A Authorizing the City Manager to Execute Agreements
with the California Department of Tax and Fee Administration for
Implementation of a Local Transactions and Use Tax
2. Draft Resolution B Authorizing Examination of Sales or Transactions and Use
Taxes Records
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DRAFT RESOLUTION A
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF
TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL
TRANSACTIONS AND USE TAX
WHEREAS, on June 11, 2024, the Atascadero City Council approved Ordinance No. 672
amending the City Municipal Code and providing for a local transactions and use tax; and,
WHEREAS, the California Department of Tax and Fee Administration (CDTFA) administers
and collects the transactions and use taxes for all applicable jurisdictions within the state; and,
WHEREAS, the CDTFA will be responsible to administer and collect the transactions and use
tax for the City; and,
WHEREAS, the CDTFA requires that the City enter into a “Preparatory Agreement” and an
“Administration Agreement” prior to implementation of said taxes; and,
WHEREAS, the CDTFA requires that the City Council authorize the agreements.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council so finds
and determines.
SECTION 2. Preparatory Agreement. The Preparatory Agreement, attached as Exhibit A to
this Resolution and incorporated herein by this reference, shall become part of this Resolution.
SECTION 3. Administrative Agreement. The Administrative Agreement, attached as
Exhibit B to this Resolution and incorporated herein by this reference, shall become part of this
Resolution.
SECTION 4. Approval. The City Council of the City of Atascadero, in a regular session
assembled on December 10, 2024, resolved to authorize the City Manager to execute the Preparatory
Agreement and the Administrative Agreement with the California Department of Tax and Fee
Administration, attached as Exhibit A and Exhibit B, respectively, to this Resolution and incorporated
herein by this reference.
SECTION 5. Effective Date. This Resolution shall take effect upon its adoption and shall
remain in effect until revised by the City Council.
PASSED AND ADOPTED at a regular meeting of the City Council on the 10th day of
December, 2024.
On motion by Council Member ____________ and seconded by Council Member ________, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
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(Rev. 07/24) 2
AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance
with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code, the City of Atascadero, hereinafter called City, and the CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree
as follows:
1. The Department agrees to enter into work to prepare to administer and operate a
transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code
which has been approved by a majority of the electors of the City and whose ordinance has been
adopted by the City.
2. City agrees to pay to the Department at the times and in the amounts hereinafter specified
all of the Department's costs for preparatory work necessary to administer the City's transactions and
use tax ordinance. The Department's costs for preparatory work include costs of developing
procedures, programming for data processing, developing and adopting appropriate regulations,
designing and printing forms, developing instructions for the Department's staff and for taxpayers, and
other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.
These costs shall include both direct and indirect costs as specified in Section 11256 of the
Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the internal
accounting and personnel records currently maintained by the Department. The billings for costs may
be presented in summary form. Detailed records of preparatory costs will be retained for audit and
verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Department shall be
referred to the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Department shall be billed by the Department
periodically, with the final billing within a reasonable time after the operative date of the ordinance.
City shall pay to the Department the amount of such costs on or before the last day of the next
succeeding month following the month when the billing is received.
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6. The amount to be paid by City for the Department's preparatory costs shall not exceed one
hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
7. Communications and notices may be sent by first class United States mail or through email
at jservices@cdtfa.ca.gov. If and when communications and notices may include confidential
information, communications and notices must be sent through encrypted email at
jservices@cdtfa.ca.gov or by mail. Communications and notices to be sent to the Department shall be
addressed to:
California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
Attention: Director
Administrative Services Department
8. The date of this agreement is the date on which it is approved by the Department of General
Services. This agreement shall continue in effect until the preparatory work necessary to administer
City's transactions and use tax ordinance has been completed and the Department has received all
payments due from City under the terms of this agreement.
CITY OF ATASCADERO CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
James R. Lewis Date: _______________________________
City Manager
Date: _______________________________
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(Rev. 7/24) 1
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Atascadero has adopted, and the voters of the City of
Atascadero (hereafter called “City” or “District”) have approved by the required majority vote, the City
of Atascadero Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is
attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation
Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter
called the “Department”) and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement,
they shall be interpreted to mean the following:
1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed
under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in
compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to
above and attached hereto, Ordinance No. 672, as amended from time to time, or as deemed to be
amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform
exclusively all functions incident to the administration and operation of the City Ordinance.
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B. Other Applicable Laws. City agrees that all provisions of law applicable to the
administration and operation of the Department Sales and Use Tax Law which are not inconsistent
with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration
and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance
may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn
from that Fund for any authorized purpose, including making refunds, compensating and reimbursing
the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which
City is entitled.
C. Transmittal of money.
1. For the period during which the tax is in effect, and except as otherwise provided herein, all
district taxes collected under the provisions of the City Ordinance shall be transmitted to City
periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed
limits or by final judgment of any court of the State of California holding that City’s ordinance is
invalid or void, all district taxes collected under the provisions of the City Ordinance shall be
transmitted to City not less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City
designated and authorized by the City. A statement shall be furnished at least quarterly indicating the
amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Department shall prescribe and adopt such rules and regulations as in its
judgment are necessary or desirable for the administration and operation of the City Ordinance and the
distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this
Agreement, the Department shall give no preference in applying money received for state sales and use
taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a
taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties,
cities and counties, redevelopment agencies, other districts, and City as their interests appear.
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F. Security. The Department agrees that any security which it hereafter requires to be
furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will
be available for the payment of the claims of City for district taxes owing to it as its interest appears.
The Department shall not be required to change the terms of any security now held by it, and City shall
not participate in any security now held by the Department.
G. Records of the Department.
When requested by resolution of the legislative body of the City under section 7056 of the
Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to
examine the records of the Department, including the name, address, and account number of each
seller holding a seller’s permit with a registered business location in the City, pertaining to the
ascertainment of transactions and use taxes collected for the City. Information obtained by the City
from examination of the Department's records shall be used by the City only for purposes related to the
collection of transactions and use taxes by the Department pursuant to this Agreement.
H. Annexation. City agrees that the Department shall not be required to give effect to an
annexation, for the purpose of collecting, allocating, and distributing District transactions and use
taxes, earlier than the first day of the calendar quarter which commences not less than two months after
notice to the Department. The notice shall include the name of the county or counties annexed to the
extended City boundary. In the event the City shall annex an area, the boundaries of which are not
coterminous with a county or counties, the notice shall include a description of the area annexed and
two maps of the City showing the area annexed and the location address of the property nearest to the
extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that
impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2
of the Revenue and Taxation Code:
1. Any payment not identified as being in payment of liability owing to a designated
district or districts may be apportioned among the districts as their interest appear, or, in the discretion
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of the Department, to all districts with which the Department has contracted using ratios reflected by
the distribution of district taxes collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the
Department, and all amounts refunded or credited may be distributed or charged to the respective
districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the
determination, billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to
vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for
registration or on the certificate of ownership may be used by the Department in determining the place
of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City
Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes
collected by the Department for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States
mail to the addresses listed below, or to such other addresses as the parties may from time to time
designate or through email at jservices@cdtfa.ca.gov. If and when communications and notices may
include confidential information, communications and notices must be sent through encrypted email at
jservices@cdtfa.ca.gov or by mail.
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(Rev. 7/24) 5
Communications and notices to be sent to the Department shall be addressed to:
California State Department of Tax and Fee Administration
P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
Attention: Director
Administrative Services Department
Unless otherwise directed, transmittals of payment of District transactions and use taxes
will be sent to the address above.
B. Term. The date of this Agreement is the date on which it is approved by the Department of
General Services. The Agreement shall take effect on April 1, 2027. This Agreement shall continue
until December 31 next following the expiration date of the City Ordinance, and shall thereafter be
renewed automatically from year to year until the Department completes all work necessary to the
administration of the City Ordinance and has received and disbursed all payments due under that
Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Department written notice of the
repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal.
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ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the
City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under
Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that
the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall
transmit to the Department the moneys retained in escrow, including any accumulated interest, within
ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and
non-appealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of
California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to
taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1. Department may retain all payments made by City to Department to prepare to
administer the City Ordinance.
2. City will pay to Department and allow Department to retain Department's cost of
administering the City Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Department or to the State of California the amount of any taxes plus
interest and penalties, if any, that Department or the State of California may be required to rebate or
refund to taxpayers.
4. City will pay to Department its costs for rebating or refunding such taxes, interest, or
penalties. Department's costs shall include its additional cost for developing procedures for processing
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(Rev. 7/24) 7
the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and
developing instructions for Department's staff for use in making these rebates or refunds and any other
costs incurred by Department which are reasonably appropriate or necessary to make those rebates or
refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256
of the Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting,
and personnel records currently maintained by the Department. The billings for such costs may be
presented in summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall
be referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Department in connection with such refunds shall be billed by
Department on or before the 25th day of the second month following the month in which the judgment
of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter
Department shall bill City on or before the 25th of each month for all costs incurred by Department for
the preceding calendar month. City shall pay to Department the amount of such costs on or before the
last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and
penalties refunded or paid to taxpayers, together with Department costs incurred in making those
refunds.
CITY OF ATASCADERO CALIFORNIA STATE DEPARTMENT OF
TAX AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
James R. Lewis Date: _______________________________
City Manager
Date: _______________________________
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DRAFT RESOLUTION B
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO AUTHORIZING EXAMINATION OF SALES OR
TRANSACTIONS AND USE TAXES RECORDS
WHEREAS, pursuant to Ordinance No. 672 (formally Ordinance No. 581) of the City of
Atascadero (City), Revenue and Taxation Code section 7270, the City entered into a contract with the
California Department of Tax and Fee Administration (CDTFA) to perform all functions incident to the
administration and collection of transactions and use taxes; and
WHEREAS, the City Council of the City of Atascadero deems it desirable and necessary for
authorized officers, employees and representatives of the City to examine confidential sales or
transactions and use tax records of the CDTFA pertaining to transactions and use taxes collected by the
CDTFA for the City pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain
requirements and conditions for the disclosure of CDTFA records, and Section 7056.5 of the California
Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information
contained in, or derived from, the sales or transactions and use tax records of the CDTFA;
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. That the City Manager and the Administrative Services Director, or other officer
or employee of the City designated in writing by the City Manager to the California Department of Tax
and Fee Administration is hereby appointed to represent the City with authority to examine sales or
transactions and use tax records of the CDTFA pertaining to transactions and use taxes collected for the
City by the CDTFA pursuant to the contract between the City and the CDTFA.
SECTION 2. The information obtained by examination of CDTFA records shall be used only
for purposes related to the collection of City transactions and use taxes by the CDTFA pursuant to that
contract, and for purposes related to the following governmental functions of the City:
(a) City Administration
(b) Revenue Management and Budgeting
(c) Community and Economic Development
(d) Business License Tax Administration
(e) Financial Management
The information obtained by examination of CDTFA records shall be used only for those
governmental functions of the City listed above.
SECTION 3. That Hinderliter, de Llamas & Associates DBA HdL Companies is hereby
designated to examine the sales or transactions and use tax records of the CDTFA pertaining to
transactions and use taxes collected for the City by the CDTFA. The person or entity designated by this
section meets all of the following conditions, which are also included in the contract between the City
and HdL Companies:
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a) has an existing contract with the City to examine those sales or transactions and use tax
records;
b) is required by that contract to disclose information contained in, or derived from, those sales
or transactions and use tax records only to the officer or employee authorized under Section
1 of this resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during the
term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from
those sales or transactions and use tax records, after that contract has expired.
BE IT FURTHER RESOLVED that the information obtained by examination of CDTFA
records shall be used only for purposes related to the collection of City transactions and use taxes by the
CDTFA pursuant to the contract between the City and the CDTFA and for those purposes relating to the
governmental functions of the City listed in Section 2 of this resolution.
INTRODUCED, APPROVED AND ADOPTED at a regular meeting of the City Council on
the 10th day of December, 2024.
On motion by Council Member ____________ and seconded by Council Member ________, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
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CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item C1
Department: Community Services
& Promotions
Date: 12/10/24
Placement: Public Hearing
TO: JAMES R. LEWIS, CITY MANAGER
FROM: TERRIE BANISH, DIRECTOR COMMUNITY SERVICES & PROMOTIONS
PREPARED BY: TERRIE BANISH, DIRECTOR COMMUNITY SERVICES &
PROMOTIONS
SUBJECT: Atascadero Tourism Business Improvement District (ATBID) Assessment
Increase from 2% to 2.5%
RECOMMENDATIONS:
Council:
1. Conduct a Public Hearing to receive all written and verbal protest votes from lodging
owners.
2. For a non-majority (less than 50%) protest, Council to conduct the second reading of the
Draft ATBID Assessment Increase Ordinance amending Title 3, Chapter 16, section 3-
16.04, changing the assessment rate under Streets and Highways Code Section 36541(a) for
lodging businesses within the Atascadero Tourism Business Improvement District from 2%
to 2.5% beginning early January 2025.
OR
3. If a majority protest exists (over 50%), do not conduct second reading of the Draft ATBID
Assessment Increase Ordinance; the ATBID Assessment stays at 2%.
DISCUSSION:
The City of Atascadero established the Atascadero Tourism Business Improvement District (ATBID)
to levy annual assessments under the Parking and Business Improvement Area Law of 1989, by
adopting Title 3, Chapter 16 of the Atascadero Municipal Code in April 2013. The activities to be
funded by the assessments on lodging businesses within the ATBID, are tourism promotions and
marketing programs to promote the City as a tourism destination. The formation and operation
of a Tourism Business Improvement District is governed by the California Streets and Highways
Code (Section 36500 et. Seq.). The budget for the ATBID is submitted in conjunction with the City’s
annual budget.
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The City Council appointed ATBID Advisory Board Members to serve at the pleasure of the
Council. The Advisory Board is made up of lodging business owners or employees, or other
representatives holding the written consent of a lodging business owner within the ATBID area.
The Streets and Highways Code requires that the Advisory Board provide a specific report to the
City Council annually for the expenditure of funds derived from the assessment paid by lodging
businesses within the City. The Advisory Board did so in May, and the Council approved the report.
In September 2024, the ATBID Advisory Board met and approved a request to Council to increase
the ATBID assessment from two percent (2%) to two and one-half percent (2.5%) effective January
9, 2025. The purpose of this increase is to help fund improvements and facilities at the Charles
Paddock Zoo and adjacent areas with the purpose of providing for larger or more enhanced
events thus increasing hotel stays in the City.
Under the revised ATBID annual report, ATBID revenue in fiscal year 2023-24 is expected to be
approximately $419,590, exceeding projected revenue of $414,120 by $5,470. In fiscal year 2024-
25, revenue was projected to be approximately $422,400, and expenses were projected to be
$432,470. The ATBID fund balance is projected to be $749,870 on June 30, 2025. With the
proposed increase in assessment from 2% to 2.5%, the anticipated ATBID revenue will increase
by approximately $46,500 through June 30, 2025, assuming collection of such additional
assessments begins in early January 2025 following the adoption of the proposed ordinance.
At the City Council meeting on October 8, 2024, the Resolution was adopted and on October 9,
2024, a letter was mailed to each of the lodging owners noticing them of the ATBID Assessment
Increase. The change in the assessment rate requires adoption of an ordinance under Streets and
Highways Code Section 36541(a), and there are additional procedural steps needed that would not
otherwise occur with the annual adoption of the ATBID assessment. Under Government Code
Section 54954.6, the City Council must conduct both a public hearing on the proposed assessment
increase, and a separate public meeting at which the public may provide testimony regarding the
proposed increased assessment. The public meeting for the first reading was conducted on
Monday, December 2, 2024, at a special City Council meeting and the ordinance setting the
assessment rate at 2.5% was introduced for first reading. Tonight’s public hearing is to allow for a
protest hearing for those proposed to be assessed. Assuming there is not a majority protest to the
increased assessment, the Council can conduct the second reading of the ordinance to impose the
assessment at 2.5% of the ordinance required by Section 54954.6
The new ordinance seeks to increase the assessment on lodging businesses within the Atascadero
Tourism Business Improvement District from 2% to 2.5% for the physical improvements to the
Charles Paddock Zoo and adjacent areas in Atascadero Lake Park to drive events, tourism and
additional lodging stays.
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FISCAL IMPACT:
Should there be insufficient protests from the lodging owners to be assessed, and should the
ordinance go into effect, additional ATBID revenues in an estimated amount of $46,500 through
June 30, 2025, will be collected.
ALTERNATIVE:
Council may choose to not proceed with the requested increase to the ATBID assessment, in
which case the current annual ATBID report would govern the activities to be conducted with
ATBID assessments through the end of the current fiscal year.
REVIEWED BY OTHERS:
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT(S):
1. Draft Ordinance Amending Section 3-16.04 of the Atascadero Municipal Code
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DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, AMENDING SECTION 3-16.04 OF
THE ATASCADERO MUNICIPAL CODE, SETTING THE ASSESSMENT
RATE FOR THE ATASCADERO TOURISM BUSINESS IMPROVEMENT
DISTRICT
WHEREAS, the City of Atascadero (“City”) has formed the Atascadero Tourism Business
Improvement District (“ATBID”), pursuant to Section 36500 of the Streets & Highways Code of
the State of California; and
WHEREAS, the City Council has previously received an annual report pursuant to Section 36533
of said Code; and
WHEREAS, the City Council approved said report and adopted a resolution of intention pursuant
to Section 36534, setting the assessment at two percent (2%) of the rent charged by the business
per occupied room or space per night for transient occupancies; and
WHEREAS, on September 11, 2024, the ATBID Advisory Board recommended a request to the
City Council to increase the assessment from two percent (2%) to two and one-half percent (2.5%)
of the rent charged by the business per occupied room or space per night for transient occupancies
to help fund improvements and facilities at the Charles Paddock Zoo and adjacent areas with the
purpose of increasing hotel stays in the City; and
WHEREAS, pursuant to Government Code Section 54954.6, the City held a public meeting on
December 2, 2024 to allow public testimony regarding the proposed modification to the
assessment rate; and
WHEREAS, on December 10, 2024, the City Council held a public hearing on the proposed
increased assessment pursuant to Government Code Section 54954.6, and under Streets and
Highways Code Section 36525, there was no majority protest lodged against the proposed
assessment by those proposed to be assessed; and
WHEREAS, Streets and Highways Code Section 36541(a) provides that the City Council shall
modify the basis and method of levying the ATBID assessment by ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. Findings. The Council hereby finds and declares the following:
A. The above recitals are true and correct and are incorporated herein by reference.
SECTION 2. Approval. The City Council of the City of Atascadero adopts the proposed
text amendments to Section 3-16.04 of Atascadero Municipal Code:
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(a) Assessment. Each lodging business will collect and remit to the City an ATBID
assessment equal to 2.5% of the rent charged by the business per occupied room or space
per night for transient occupancies.
(b) New Lodging Business Subject to Assessment. Any new lodging business established
within the boundaries of the ATBID subsequent to its formation will be required to collect
and remit the applicable ATBID assessment.
(c) Exemptions. No assessment will be imposed on a lodging business for any rent paid
by a transient who is exempt by law from paying any transient occupancy taxes as provided
in Section 3-3.04 of this code.
(d) Extended Stays. No assessment will be imposed on any lodging business for any rent
paid by a person who is not deemed a "transient" (as defined in Section 3-3.02 of this code)
when such person's stay is longer than 30 consecutive calendar days.
(e) Payment of Assessments. Each lodging business must remit the assessment at the time
the business pays its transient occupancy taxes to the City and must complete and provide
such form detailing the applicable rent received and assessment as may be required by the
City. The assessment will not be included in gross room rental revenue for the purpose of
determining the amount of transient occupancy taxes due.
(f) Payment Prerequisite to Business License and Penalties and Procedures for Unpaid
Assessments.
(1) No business license or tax certificate will be issued under Chapter 5 of this title unless
the ATBID assessment payment is current.
(2) Penalties and interest will be assessed upon any unpaid assessment in manner specified
in Section 3-3.08 of this code until such time as the current assessment is paid in full;
provided, however, that if there is concurrently a delinquency of the transient occupancy
tax as well as the assessment, a single penalty of $200 will be imposed under Section 3-
3.08(a) in addition to the 10% penalty on the amount of the unpaid assessment.
(g) City Administrative Fee. The City will retain 1% of the collected assessments as and
for its administrative fees and costs.
SECTION 3. CEQA. Because of the facts set forth in Section 1, the proposed 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 4. 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 5. 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.
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SECTION 6. 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 7. 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 8. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 9. 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 December 2, 2024, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of
California, on December 10, 2024.
CITY OF ATASCADERO:
____________________________________
Heather Moreno, Mayor
ATTEST:
_____________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Dave Fleishman, City Attorney
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CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item D1
Department: City Clerk’s
Office
Date: 12/10/24
Placement: Management
Report
TO: JAMES R. LEWIS, CITY MANAGER
FROM: LARA CHRISTENSEN, DEPUTY CITY MANAGER/CITY CLERK
PREPARED BY: LARA CHRISTENSEN, DEPUTY CITY MANAGER/CITY CLERK
SUBJECT: Consideration of Action to Fill the Vacant Treasurer Position Arising
From Former Treasurer Gere Sibbach’s Resignation
RECOMMENDATION:
Discussion and consideration of whether to fill the City Treasurer vacancy by appointment of an
eligible elector or by calling for a special election to fill the vacancy.
DISCUSSION:
State law requires each California city to have a City Treasurer. City Treasurers may be either
elected or appointed. In Atascadero, the City Treasurer is currently elected and serves a four-year
term. City Treasurer Gere Sibbach submitted his resignation from the position of City Treasurer,
effective December 10, 2024. Pursuant to Government Code Section 1750(f) and 1770(c)(2), the
resignation letter creates a vacancy in the Office of the City Treasurer on December 10, 2024.
Within sixty (60) days of the vacancy occurring, Government Code Section 36512 requires the
City Council to either fill the vacancy by appointment of an eligible elector or call a special election
to fill the vacancy. Therefore, the Council has until February 8, 2025, to appoint a successor or
call a special election.
Section 36512(b) also notes that the successor serves out the remainder of the existing term and
is not elected or appointed for a full term. In this case, Treasurer Sibbach had been elected for a
four-year term in November 2022, so his successor in the term will serve only until November
2026.
If the Council chooses to appoint a successor, the Council is free to appoint whomever they prefer
so long as the individual meets qualifications. State law establishes the qualifications for a City
Treasurer, requiring that the person elected to this position must be a registered voter and
resident of the City. There are no requirements that candidates for this office have any specific
education, certification, or experience. The City Council could simply vote on persons nominated
by the City Council Members or implement an application process. However, if the Council
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chooses to set up interviews for candidates, such interviews must be conducted during a public
meeting.
A vote to appoint an individual to the Treasurer position is a majority of the quorum. Accordingly,
if four members are present then it will take three votes to appoint a person to the vacant seat
and if only three Council Members are present to vote, two affirmative votes will appoint. The
appointee will hold all the rights and privileges of the office, and will be subject to all its liability,
duties, and obligations (Government Code Section 1777).
If a special election is called, it must take place on the next regularly scheduled election date that
is at least 114 days from the date of the call of the special election. Accordingly, the election
would be held on November 4, 2025. This would result in a term ending December 2026.
Staff reached out to the County Clerk-Recorder’s Office to ascertain the cost to conduct a special
election on November 4, 2025. However, the County Clerk-Recorder responded that she cannot
commit to conducting any special elections for jurisdictions in 2025 noting that the Elections Team
will be working on some potentially big changes to the way th e Clerk-Recorder's Office conducts
elections and this will require all the resources she has. Without the assistance of the County,
the City would be required to run the election itself. Lacking the expertise in running an election,
the City Clerk’s Office would need to find and hire a consultant to not only train City employees
but provide staff members to assist in all aspects of the election process. With consultant fees
often at a premium, and a large number of registered voters in the City, the cost to the City would
likely be $500,000 or more. If the City Council chooses to appoint a successor, there would be no
significant additional expenses.
FISCAL IMPACT:
Unknown. Staff estimates the cost for a City run, stand-alone election to be at least $500,000. If
the City Council chooses to appoint a successor, there would be no significant additional
expenses.
REVIEWED BY OTHERS:
This item has been reviewed by the Administrative Services Director and the City Attorney.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
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