HomeMy WebLinkAboutOrdinance 691
ORDINANCE NO. 691
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 9,
PLANNING & ZONING, TO REVISE CHAPTER 5, ACCESSORY
DWELLING UNITS, FOR CONSISTENCY WITH STATE LAW AND
CLARITY RELATED TO DEVELOPMENT STANDARDS, AND
DETERMINING THIS ORDINANCE IS EXEMPT FROM REVIEW
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
ACCESSORY DWELLING UNITS
(ZCH25-0064)
WHEREAS, the City of Atascadero is considering Zoning Code Text Change
Amendments to Title 9 of the Atascadero Municipal Code for consistency with newly enacted
State laws and HCD comments regarding existing ordinance consistency with State law; and
WHEREAS, the State of California has adopted revisions, repeals, and amendments to
Government Code Sections 66314 through 66323, in addition to Government Code Sections
66311.5, 66333, within the provisions of Assembly Bill 1154 and Senate Bill 543, which requires
an update to existing City ordinances for consistency; and
WHEREAS, ADUs and Junior ADUs do not count as additional residential density per
State law for the purposes of zoning compliance and CEQA; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact these amendments to Chapter 5 of Title 9, Planning and Zoning, of the Municipal
Code for consistency with State law and to maintain a clear and legible set of Zoning Regulations
that is easily interpreted by the public and staff; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact these amendments to Chapter 5 of Title 9, Planning and Zoning, of the Municipal
Code for consistency with State law 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 Amendment application was held by the City Council of the City of Atascadero at
which hearing evidence, oral and documentary, was admitted on behalf of said Planning and
Zoning Text 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
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Ordinance No. 691
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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 December 16, 2025, held a timely and properly noticed Public Hearing
upon the subject Zoning Text Amendment and associated actions, at which hearing evidence, oral
and documentary, was admitted on behalf of said Amendment, and the Planning Commission
recommended that City Council approve said Amendment.
SECTION 3. Public Hearing. The City Council of the City of Atascadero, in a regular
session assembled on January 13, 2026, resolved to approve a Zoning Code Text Amendment to
update Title 9, Chapter 5, Accessory Dwelling Units, for consistency with State law and clarity
relating to development standards (ZCH25-0064).
SECTION 4. Findings. The City Council makes the following findings and
determinations for approval of the proposed Zoning Text Amendment:
1. 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 amendment updates an existing chapter for consistency with State
law. The updates are consistent with the City’s Housing Element and are intended to
implement revisions to the Government Code associated with Senate Bill 543 and
Assembly Bill 1154.
2. 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 amendment will result in consistency with State law and clarify
development standards for ease of understanding and implementation. Regulations in
the Atascadero Municipal Code will continue to provide for the safe and orderly
development of Accessory and Junior Accessory Dwelling Units consistent with State
law.
3. The Text Change will not, in itself, result in significant environmental impacts.
Fact: The State of California does not recognize accessory or junior accessory dwelling
units as primary units for the purposes of determining density nor as projects for the
purposes of environmental review. Standards in the Atascadero Municipal Code
intended to minimize the environmental impact of ADU development are not proposed
to be modified as part of this amendment.
SECTION 5. CEQA. This ordinance is exempt from the California Environmental Quality
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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 January 13, 2026, resolved to introduce, for first reading by title only, an Ordinance
that would amend Title 9, Chapter 5 of the Atascadero Municipal Code consistent with the
following:
EXHIBIT A: Amendments to Title 9, Chapter 5
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 January 13, 2026,
and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State
of California, on January 27, 2026.
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Ordinance No. 691
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CITY OF ATASCADERO:
______________________________
Charles Bourbeau, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Dave Fleishman, City Attorney
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Ordinance No. 691
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Amend Sections 9-5.010 through 9-5.070 as follows:
§ 9-5.010 Purpose.
(a) The purpose of this chapter is to prescribe objective development and site regulations
that apply, except where specifically stated, to accessory dwelling units (ADUs) and junior
accessory dwelling units (JADUs). This chapter is intended to implement Government Code
Sections 66310 to 66342, as amended from time to time. Implementation of this chapter is
meant to expand housing opportunities by increasing the number of smaller units available
within existing neighborhoods while meeting Statewide housing goals and responding to
wildfire and wastewater constraints.
(b) The City recognizes opportunities to implement policies and programs of the
Atascadero General Plan housing element providing for, and regulating, expanded housing
opportunities for all persons within the community.
(c) Implementation of this chapter is meant to expand housing opportunities for very low-,
low- and moderate-income and/or elderly households by increasing the number of
affordable by design and rental units available within existing neighborhoods.
(d) As mandated in Section 66314 and 66319 of the Government Code, units that comply
with this chapter are considered not to exceed the density limits prescribed by the General
Plan and/or this title from residential zoning districts.
§ 9-5.020 Definitions.
As used in this chapter:
Accessory Dwelling Unit (ADU).
ADUs are defined by Government Code Section 66313 to mean an attached or detached
residential dwelling unit that provides complete independent living facilities for one or
more persons and is located on a lot with a proposed or existing primary residence. ADUs
shall include permanent provisions for living, sleeping, eating, cooking, and shall have a
bathroom, and shall be located on the same parcel as the single family or multifamily
dwelling per the standards set forth in this section. An accessory dwelling unit also
includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code
and a manufactured home as set forth in Section 18007 of the Health and Safety Code.
Existing Structure.
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For the purposes of this chapter and implementation of Government Code Section 66314,
an existing accessory structure or existing primary structure is defined as a structure, or
the confines of a structure, that has received a passed final inspection prior to January 1,
2020.
Guesthouse.
Guesthouses are defined as residential occupancy construction (R) structures permitted
prior to 2004 with a full bathroom, partial kitchen, and are the same as a residential
dwelling unit for the purposes of defining use and calculating fees.
Junior Accessory Dwelling Unit (JADU).
JADUs are defined by Government Code Section 66313 to mean a residential dwelling unit
that is no more than 500 square feet in size and contained entirely within a single-family
residence. A junior accessory dwelling unit may include separate sanitation facilities, or
may share sanitation facilities with the existing structure. JADUs shall include permanent
provisions for living and shall be located on the same parcel and within the same structure
as the single-family dwelling. A JADU also includes an efficiency unit as defined in
Section 17958.1 of the Health and Safety Code.
Livable Space.
A space in a dwelling intended for human habitation, including living, sleeping, eating,
cooking, or sanitation.
Primary Dwelling Unit.
A primary dwelling unit (primary unit) is a principal or urban dwelling unit.
Principal Dwelling Unit.
An existing or new proposed dwelling unit on a residential zoned legal lot of record
permitted as allowed by the City's zoning and allowed density of the parcel and not
constructed under the provisions for Chapter 5 or Chapter 18 of this title. Any additional
existing units above the base residential density shall be considered an ADU or UDU. New
units built as part of an SB9 lot split shall not be considered a principal dwelling unit if a
principal unit already exists on the parent parcel or new parcel that is created from the lot
split.
Residential Multifamily Development.
A residential multifamily property zoned for multiple principal dwelling units that has been
developed with multi-family units as allowed by City zoning and which shares access,
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parking, and/or amenities regardless of the number of underlying parcels. This may
include, but is not limited to, attached or detached residential units, common interest
subdivisions, and related residential development on a single or multiple lots developed as
a single development project with a developable density of at least 10 units per acre.
Residential Single-Family Property.
A property zoned for single-family development with a base density of one dwelling unit per
parcel.
Short-Term Rental.
Short-term rentals (vacation rental) shall be defined as rental units with stays of 30
consecutive calendar days or less per individual or party.
Small-Lot Single-Family Subdivision.
A subdivision with private side and rear yard areas built to a density of less than or equal to
nine dwelling units per acre.
Urban Dwelling Unit (UDU).
A primary dwelling unit established or proposed to be developed in accordance with the
standards, procedures, and requirements set forth under Government Code
Section 65852.21 and Chapter 18 of Title 9, either as a primary or secondary primary unit
on a parcel.
§ 9-5.030 General requirements.
(a) Building Permit Required. A building permit application shall be required for the
construction, occupancy, or conversion of any ADU or JADU.
(b) Ministerial Review Process. An application for development of an ADU or JADU will be
reviewed as a ministerial permit, without discretionary review or a hearing, if it meets all
the requirements set forth in this section, does not impact environmental (including
historic) resources, and after payment of all applicable submittal fees.
(c) Garage Demolition. A demolition permit for a detached garage that is to be replaced
with an ADU shall be reviewed with the application for the accessory dwelling unit and
issued at the same time.
(d) Water Service. All habitable dwelling units shall be served by a public water system.
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(e) Wastewater Service. To avoid health and safety impacts to ground water quality and
nitrogen loading, ADUs shall be served by the City sanitary sewer system subject to one of
the following exceptions:
(1) The parcel is three-quarters (0.75) gross acres or greater and all of the following
criteria can be met:
(i) It can be demonstrated that all properties within a one-quarter mile radius
are of sufficient size, considering possible future lot splits and full
development potential, to provide a minimum density of at least one-half
(0.5) acres per unit within the one quarter mile radius.
(ii) It shall be demonstrated that a new or expanded on-site wastewater
disposal system can accommodate the additional unit while meeting
requirements of the City's Local Area Management Plan (LAMP).
(2) The parcel contains a gross lot area of 0.5 acres per unit or greater, including
existing units and all units proposed at the time of application. For the purposes of
this paragraph, "units" means all primary and accessory dwelling units, but shall not
include Junior ADUs.
(3) ADUs that do not meet the above requirements and do not have the ability to
connect to City sewer must be served by an on-site wastewater system that
includes pre-treatment and shall be subject to the approval of the City Engineer.
These systems must be approved and constructed in accordance with the City's
LAMP standards.
(f) Design. The design of an ADU and/or JADU shall be consistent with any objective design
standards listed in this chapter.
(g) Short-Term Rental Prohibited. ADUs and JADUs developed in accordance with
Government Code Sections 66314 to 66339 shall not be rented for terms of less than 30
days.
(h) Illegal Unit. The construction, establishment, or occupancy of an ADU and/or JADU that
has not received a valid construction permit and is contrary to the provisions of this
chapter is declared to be unlawful and shall constitute a misdemeanor and a public
nuisance.
(i) Agreement Required. Prior to issuance of a building permit for the ADU, the property
owner shall submit to the City an agreement in a form approved by the Community
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Development Director, which shall run with the land and include at a minimum the
following provisions:
(1) A prohibition on the sale of the ADU separate from the sale of the principal
dwelling unit, unless specifically authorized by State law or a subsequent lot split is
approved and recorded.
(2) A restriction on the size and attributes of the ADU that conforms with
Government code 66314.
(3) A prohibition on using the ADU as a short-term rental for periods of less than 30
days, as authorized by Government Code Section 66315.
(4) Owner occupancy requirements for properties constructing or containing a
JADU that shares sanitation facilities with the primary residence, as applicable.
(5) A statement that the restrictions shall be binding upon any successor owner of
the property and that failure to comply with the restrictions shall result in legal
action against the owner.
§ 9-5.040 Applicability.
(a) Permitted Zoning Districts. Accessory and junior accessory dwelling units shall be
allowed in all areas zoned to allow single-family or multifamily dwellings consistent with
the standards of this section. ADUs shall not be allowed within the following locations:
(1) Pursuant to the authority provided by Section 65852.21(f) of the Government Code, no
accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot in a
single-family zoning district if: (i) an urban lot split has been approved pursuant to Title 11;
and (ii) two units (primary dwelling unit, UDU, ADU, or JADU) already exist or are approved
for construction.
(2) No ADUs shall be allowed inconsistent with the Title 14 California Code of
Regulations Section 1273.08.
(3) No ADU may be established in a commercial district unless all of the following
conditions have been met:
(i) The ADU is part of an approved mixed-use development; and
(ii) The ADU is built above the ground floor.
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(4) No ADU may be established on a lot subdivided pursuant to Government Code
Section 66499.41 ("the Starter Home revitalization Act "), as amended from time to time.
§ 9-5.050 Objective design standards for accessory dwelling units.
Standards for the development of Accessory Dwelling Units (ADUs) shall be governed by
this section. Each ADU shall be subject to compliance with the California Building Code
and the following standards:
(a) Maximum Floor Area. ADUs shall have a maximum floor area of 1,000 square-feet,
except as follows:
(1) A garage or other unconditioned space may be attached to an ADU provided any
attached space with a non-R occupancy shall be limited to 300 square-feet, or 500
square-feet on lots one acre or greater. Any non-R occupancy space may be up to
500 square-feet if it is on a different level than the ADU and used for vehicle parking
and the entirety of the ADU is located on a different floor with the exception of an
entry and stairs. If an existing accessory structure is converted to an ADU and the
size of the unconditioned space exceeds the maximum limit, the existing space may
remain but shall not be expanded.
(2) Properties may have a detached ADU up to 1,200 square feet when all of the
following are met:
(i) The property is a minimum of one gross acre; and
(ii) The ADU height is limited to 18 feet; and
(iii) All other property development standards applicable to the zoning
district shall apply, unless specifically modified by State law.
(3) Any dwelling unit other than the principal dwelling unit, that was established on
the lot prior to the submittal of a complete application for a development pursuant
to this chapter, may not be altered or expanded to a size greater than allowed by this
chapter. No additional unconditioned space can be added if greater than the
maximum allowances described in subsection (a)(1) above. If existing units exceed
the maximum size thresholds, no expansion or additions shall occur.
(b) Required Parking. One off-street parking space (standard or tandem within a driveway)
shall be required for each ADU, with the following exceptions:
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(1) No parking shall be required if the ADU is within one-half mile walking distance of
public transit.
(2) No parking shall be required when the ADU is within a designated historic district
or on the site of a designated historic property.
(3) No parking shall be required when the ADU is part of a proposed or existing
primary residence or a converted existing accessory structure.
(4) No parking shall be required when there is a car-share vehicle located within one
block of the ADU.
(5) No parking shall be required when a permit application for an accessory dwelling
unit is submitted concurrently with a permit application to create a new single-
family dwelling or a new multifamily dwelling on the same lot, provided that the
accessory dwelling unit and the parcel satisfy all other criteria listed in this chapter.
(c) Replacement Parking. No replacement parking shall be required when a garage,
carport, covered parking structure, or uncovered parking space is demolished in
conjunction with the construction of an accessory dwelling unit or converted to an
accessory dwelling unit.
(d) Accessory Structure Conversion. ADUs may be constructed within existing accessory
structures subject to the following:
(1) The size of the ADU shall comply with the size limitations set forth in subsection
(a) above.
(2) Any portions of the accessory structure not utilized for the ADU shall remain as
non-habitable accessory space and shall be separated with a permanent wall from
the interior space of the ADU. Any openings (doors) between the ADU and non-
habitable space shall comply with building and fire code standards.
(3) Conversions of existing legal accessory structures built prior to January 1, 2020,
may be subject to different standards, consistent with Government Code
Section 66323.
(e) Height. The maximum height of an ADU shall be as follows:
(1) Sixteen feet for any detached ADU where the setback is less than the minimum
required setbacks for the underlying zoning district.
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(2) Eighteen feet in a multifamily zone for any detached ADU where the setback is
less than the required minimum setbacks for the zoning district if the multifamily
dwelling on the same site is multi-story.
(3) Twenty feet for any detached ADU that complies with the setbacks of the
underlying zoning district.
(4) Twenty-Five feet for any detached ADU that complies with the setbacks of the
underlying zoning district and where the footprint of the unit is located on a slope of
20% or greater.
(5) Twenty-five feet for an ADU that is attached to a primary dwelling.
(6) No ADU shall exceed two stories.
(f) Setbacks. An ADU shall maintain setbacks consistent with each zoning district and
consistent with the California Building Code and Fire Code, unless reduced setbacks apply,
consistent with Govt Code section 66314 (d) (7).
(g) Building Separations. Minimum fire and building code separations shall be maintained
between primary and secondary units.
(h) Fire Sprinklers.
(1) An ADU shall comply with all applicable fire safety provisions of State law, as
well as locally adopted building and fire codes under Chapter 4-7 and Title 8 of this
code.
(2) A detached ADU shall be required to be equipped with fire sprinklers unless the
primary dwelling unit is not required to be sprinklered. The construction of an
accessory dwelling unit shall not trigger a requirement for fire sprinklers to be
installed in the existing primary dwelling.
(i) Number of ADUs Permitted.
(1) Single-Family Zoned Parcels and Small-Lot Single-Family Subdivisions shall be
allowed to construct accessory dwelling units consistent with Govt Code 66323 and
section 9-5.060(c) of this Chapter.
(2) Residential Multifamily/Mixed-Use Developments. ADUs shall be permitted in
multifamily and mixed-use developments subject to the following:
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(i) Portions of an existing multifamily building not used as livable space may
be converted to one or more ADUs at a maximum ratio of 25% of the existing
on-site units above the permitted site density.
(ii) In addition to the units authorized by subsection (i)(2)(i) above, additional
detached accessory dwelling units above the permitted site density shall be
permitted within a multifamily or mixed-use development at the following
quantities:
a. On a lot with an existing multifamily dwelling, eight detached accessory
dwelling units, or a quantity equal to the number of existing dwelling units on
the lot, whichever is fewer.
b. On a lot with a proposed multifamily dwelling, not more than two detached
accessory dwelling units.
(iii) All residential units in a mixed-use development must meet the
provisions of the underlying zoning district, except as provided for by
Government Code Sections 66310 to 66342, and must be consistent with all
land use definitions for such development.
(j) Nothing in this section shall prohibit the construction of an ADU in accordance with
Government Code Sections 66321(b)(3), 66321(b)(4)(B), 66321(b)(4)(C), and 66323. To the
extent anything in this section conflicts with the provisions of the above-referenced
Government Code sections, those Government Code sections shall control.
§ 9-5.060 Objective design standards for junior accessory dwelling units.
Standards for the development of Junior Accessory Dwelling Units (JADUs) shall be
governed by this section. Each JADU shall be subject to compliance with the California
Building Code and the following standards:
(a) Maximum Floor Area. Each JADU shall be constructed within the walls of an existing or
proposed primary dwelling unit and shall be a maximum of 500 square feet.
(b) Septic Systems. JADUs may be served by the system serving an existing or proposed
primary unit or a secondary septic system, subject to the approval of the City Engineer and
provisions of the City's LAMP.
(c) Number of JADUs Permitted. One JADU is permitted per single-family residential
property or small-lot single-family residential subdivision parcel.
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(d) Design Standards.
(1) Each JADU may contain separate sanitation facilities or may share sanitation
facilities with the principal dwelling unit.
(2) Each JADU shall include a separate entrance from the main entrance to the
existing or proposed principal dwelling unit and may include an interior entry to the
main living area.
(3) Each JADU shall, at a minimum, include an efficiency kitchen as defined by the
building code and Government Code Section 66333(f)(1).
(e) Owner Occupancy. The property owner shall reside on site and maintain primary
residency in either a primary dwelling unit, ADU, or the JADU if the JADU shares sanitation
facilities with the primary residence.
(f) Nothing in this section shall prohibit the construction of a JADU in accordance with
Government Code Section 66323. To the extent anything in this section conflicts with the
provisions of Government Code Section 66323, Section 66323 shall control.
§ 9-5.070 Development fees.
Accessory units, whether attached or detached, shall be exempt from development impact
fees when the gross floor area is less than 750 square feet. Units 750 square feet and larger
shall be subject to the City's adopted development impact fee schedule.
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STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss
CITY OF ATASCADERO )
I, ALYSSA M. SLATER, Deputy City Clerk of the City of Atascadero, DO
HEREBY CERTIFY that Ordinance No. 691 was duly introduced at a regular
meeting held January 13, 2026 and adopted at a regular meeting of the City
Council held on the 27h day of January, 2026 by the following roll call vote, to
wit:
AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz,
Mayor Bourbeau
NOES: None
ABSENT: None
_____________________________________
ALYSSA M. SLATER, DEPUTY CITY CLERK
I hereby certify that the foregoing is the original of Ordinance No. 691 duly
passed and adopted by the Atascadero City Council at their regular meeting held
on January 27, 2026 and that summaries of the Ordinance were published on
1/22/2026 and 1/29/2026 in the News Times newspaper.
_____________________________________
ALYSSA M. SLATER, DEPUTY CITY CLERK
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