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HomeMy WebLinkAboutCC_2016-08-09_Agenda Packet CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, August 9, 2016 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) CITY COUNCIL CLOSED SESSION: 5:00 P.M. 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Rachelle Rickard, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non- Represented Professional and Management Workers and Confidential Employees 4. CLOSED SESSION – ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. CC Page 1 6. CLOSED SESSION – REPORT REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Fonzi ROLL CALL: Mayor O’Malley Mayor Pro Tem Moreno Council Member Fonzi Council Member Kelley Council Member Sturtevant APPROVAL OF AGENDA: Roll Call Recommendation: Council: 1. Approve this agenda; and 2. Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances will be read aloud by the City Clerk at th e first reading, after the motion and before the City Council votes. PRESENTATIONS: None. A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken. DRAFT MINUTES: Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting.) 1. City Council Draft Action Minutes – July 12, 2016  Recommendation: Council approve the City Council Draft Action Minutes of the July 12, 2016 City Council meeting. [City Clerk] 2. June 2016 Investment Report  Fiscal Impact: None  Recommendation: Council receive and file the City Treasurer’s report for quarter ending June 2016. [Administrative Services] CC Page 2 3. June 2016 Accounts Payable and Payroll  Fiscal Impact: $ 2,235,868.88  Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for June 2016. [Administrative Services] 4. On-Site Alcohol Sales License Type 42 / Determination of Public Convenience/ PLN 2016-1601 / ABC 2016-0022 / 8451 El Camino Real “Skip’s Speakeasy” (Russel/Neal)  Fiscal Impact: A slight positive fiscal impact is expected from increased sales tax.  Recommendation: Council adopt Draft Resolution “A” finding that a public convenience would be served by allowing the issuance of an on sale beer and wine for public premises license for Skip’s Speakeasy, a bar located at 8451 El Camino Real. [Community Development] 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 470-3400, or cityclerk@atascadero.org) B. PUBLIC HEARINGS: 1. Community Facilities District No. 2016-1 / 2055 El Camino Real (AT 09- 0073)  Ex-Parte Communications:  Fiscal Impact: The CFD No. 2016-1 is designed to be fiscally neutral to the City with each development within the district covering the full cost associated with the maintenance of specified public improvements.  Recommendations: Council: 1. Conduct a public hearing on the formation of Communities Facilities District No. 2016-1 and levy of special taxes; and 2. Adopt Resolution A, forming and establishing Communities Facilities District No. 2016-1 (Maintenance Services) of the City of Atascadero (the “CFD No. 2016-1”), authorizing the levy of a special tax and calling a special election; and 3. Direct the City Clerk to conduct a vote and collect and count the ballots. Council to recess until ballots are counted CC Page 3 4. Adopt Resolution B, declaring the results of a special election in CFD No. 2016-1; and 5. Introduce for first reading by title only, and waive further reading, Draft Ordinance A, authorizing the levy of a special tax in CFD No. 2016-1. [Community Development] 2. Confirming the Cost of Vegetative Growth and/or Refuse Abatement  Ex-Parte Communications:  Fiscal Impact: The City will receive $64,734.23 from the 2016/2017 property tax rolls in weed abatement / refuse abatement assessments.  Recommendation: Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire] C. MANAGEMENT REPORTS: 1. Economic Development / Commercial District Appearance / 2015-2016 Signage Clean-up Strategy – Update and Direction  Fiscal Impact: The proposed continuation of the sign clean-up program, specifically the reduction in building permit sign fees and AUP fees will reduce permitting revenues and increase staff workloads.  Recommendations: Council: 1. Adopt Draft Resolution A, amending certain fees in the Schedule of Fees and Charges for City Services specifically related to commercial sign permits; and 2. Direct Staff on proposed signage ordinance revisions based on input from City Council, business community, and signage companies. [Community Development] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matte r of business on a future agenda. The Council may take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O’Malley 1. City / Schools Committee 2. County Mayors Round Table 3. SLO Council of Governments (SLOCOG) 4. SLO Regional Transit Authority (RTA) Mayor Pro Tem Moreno 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City of Atascadero Finance Committee (Chair) 3. Economic Vitality Corporation, Board of Directors (EVC) CC Page 4 Council Member Fonzi 1. Air Pollution Control District 2. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero 3. SLO Local Agency Formation Commission (LAFCo) 4. City of Atascadero Design Review Committee 5. SLO County Water Resources Advisory Committee (WRAC) 6. Water Issues Liaison Council Member Kelley 1. Atascadero State Hospital Advisory Committee 2. City of Atascadero Design Review Committee 3. Homeless Services Oversight Council 4. City of Atascadero Finance Committee 5. Integrated Waste Management Authority (IWMA) Council Member Sturtevant 1. City / Schools Committee 2. League of California Cities – Council Liaison E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURN Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice , or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Lori M. Kudzma, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the August 9, 2016 Regular Session of the Atascadero City Council was posted on August 3, 2016, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for public review at that location. Signed this 3rd day of August, 2016, at Atascadero, California. Lori M. Kudzma, Deputy City Clerk City of Atascadero CC Page 5 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or vi a the City’s website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). Copies of the staff reports or other documentation r elating 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 during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our webs ite, 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 either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Mayor and Council. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital pres entations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative perso nal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. CC Page 6 ITEM NUMBER: A-1 DATE: 08/09/16 Atascadero City Council July 12, 2016 Page 1 of 6 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, July 12, 2016 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California CITY COUNCIL CLOSED SESSION: 5:00 P.M. Mayor O’Malley announced at 5:00 p.m. that the Council is going into Closed Session. 1. CLOSED SESSION -- PUBLIC COMMENT - None 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Rachelle Rickard, City Manager City Council Closed Session: 5:00 P.M. Successor Agency to the Community Redevelopment Agency of Atascadero Special Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. CC Page 7 ITEM NUMBER: A-1 DATE: 08/09/16 Atascadero City Council July 12, 2016 Page 2 of 6 Employee Organizations: Atascadero Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non- Represented Professional and Management Workers and Confi dential Employees b. Conference with Legal Counsel – Existing Litigation (Govt. Code Sec. 54956.9(d)) Case Name: City of Atascadero v. Rosella Helen Vetter, William J. Vetter III and Vivien Vetter Case Number: 15CVP-0172 c. Public Employee Performance Evaluation (Govt. Code Sec. 54957) Title: City Attorney 4. CLOSED SESSION – ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT The City Attorney reported that there was no reportable action. Mayor O’Malley explained that the City Council has recessed the Closed Session and will go back into Closed Session at the conclusion of the City Council meeting. REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor O’Malley called the meeting to order at 6:07 p.m. and he asked everyone to join him in a moment of silence for the police officers that were killed in Dallas. Mayor Pro Tem Moreno led the Pledge of Allegiance. ROLL CALL: Present: Council Members Kelley, Fonzi, Sturtevant, Mayor Pro Tem Moreno, and Mayor O’Malley Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Phil Dunsmore, CC Page 8 ITEM NUMBER: A-1 DATE: 08/09/16 Atascadero City Council July 12, 2016 Page 3 of 6 Public Works Director Nick DeBar, Police Chief Jerel Haley, Interim Fire Chief Michael Hubert, City Attorney Brian Pierik, and Deputy City Manager Lara Christensen. APPROVAL OF AGENDA: MOTION: By Council Member Sturtevant and seconded by Council Member Fonzi to: 1. Approve this agenda; and, 2. Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances will be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Commendation to Ms. Lavonne Ball The City Council presented Ms. Ball a Commendation, recognizing her dedication and effort towards emergency animal care and rescue. 2. Group Commendation for Design, Construction and Installation of New Charles Paddock Zoo Sign The City Council presented a Commendation to Chuck Ward, Mark Greenaway, Andrea Greenaway, Burton Johnson, Mike Smith, Mike Giorgino, Michael Foster, Chad Streeper, Greg Bunton, Dale Bywater, and Jimmy Quinonez, recognizing each of them for their meaningful support of the Charles Paddock Zoo with their participation of the creation and installation of the new Zoo entry signage. PUBLIC COMMENT: The following citizens spoke during Public Comment: Jerry Clay Mayor O’Malley closed the PUBLIC COMMENT period. 3. Employee Service Awards City Manager Rickard presented Service Awards to the following employees , and thanked them for their service: CC Page 9 ITEM NUMBER: A-1 DATE: 08/09/16 Atascadero City Council July 12, 2016 Page 4 of 6 5 years Anjanette Ordonez – Lead Support Services Technician 10 years Sandy Scott – Sr. Building Maintenance Specialist Kate Capela – Sr. Zookeeper 15 years Jeri Rangel – Director of Finance 20 years Bob Molle – Police Sergeant 25 years Bill White – Fire Captain A. CONSENT CALENDAR: 1. City Council Draft Action Minutes – June 28, 2016  Recommendation: Council approve the City Council Draft Action Minutes of the June 28, 2016 City Council meeting. [City Clerk] 2. May 2016 Accounts Payable and Payroll  Fiscal Impact: $1,602,459.41  Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for May 2016. [Administrative Services] 3. Updated Memorandum of Understanding (MOU) for the North County Urbanized Area under Federal Transit Administration  Fiscal Impact: None.  Recommendation: Council authorize the Mayor to execute the Updated Memorandum of Understanding (MOU) for the North County Urbanized Area between the San Luis Obispo Council of Governments, the County of San Luis Obispo, the Regional Transit Authority, the City of Atascadero, and the City of Paso Robles. [Public Works] CC Page 10 ITEM NUMBER: A-1 DATE: 08/09/16 Atascadero City Council July 12, 2016 Page 5 of 6 4. Community Development Block Grant (CDBG) Funding Reallocation Agreement  Fiscal Impact: None.  Recommendation: Council approve and authorize the City Manager to execute an agreement with the County of San Luis Obispo, the City of Atascadero, and the City of Morro Bay for the reallocation of $236,420.47 of 2010, 2011, 2012, 2013, and 2014 CDBG funds from the City of Atascadero to the City of Morro Bay and the reimbursement of these CDBG funds from the City of Morro Bay to the City of Atascadero. [Public Works] MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem Moreno to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (#A-3 Contract No. 2016-015 and #A-4 Contract No. 2016-016) UPDATES FROM THE CITY MANAGER: City Manager Rachelle Rickard gave an update on projects and issues within the City. COMMUNITY FORUM: The following citizens spoke during Community Forum: Jerry Clay Mayor O’Malley closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. Land Use Definition Amendments (City of Atascadero) PLN 2016 -1594  Fiscal Impact: None.  Recommendation: Council receive and file an update on proposed amendments to the City’s Land Use Definitions located in Title 9, Planning and Zoning, of the Atascadero Municipal Code. [Community Development] Community Development Director Phil Dunsmore gave the staff report and answered questions from the Council. PUBLIC COMMENT: None The Council received and filed this report. CC Page 11 ITEM NUMBER: A-1 DATE: 08/09/16 Atascadero City Council July 12, 2016 Page 6 of 6 COUNCIL ANNOUNCEMENTS AND REPORTS: The City Council Members made brief announcements. Council Member Fonzi asked for more information about Police body cameras. Chief Haley stated that he is very proud of Atascadero’s body camera program and he would be glad to bring back more information and even provide a demonstration. D. COMMITTEE REPORTS: The following Council Members gave brief update reports on their committees since their last Council meeting: Mayor O’Malley 1. County Mayors Round Table – Main topic was transient occupancy and Airbnb’s. They also discussed State road issues. 2. SLO Council of Governments (SLOCOG) – Meet tomorrow. 3. SLO Regional Transit Authority (RTA) – Meet tomorrow. Council Member Kelley 1. City of Atascadero Design Review Committee – Meeting tomorrow. E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURN Mayor O’Malley adjourned the meeting at 7:37 p.m., to go back into Closed Session. Mayor O’Malley adjourned the Closed Session at 8:25 p.m. MINUTES PREPARED BY: ______________________________________ Marcia McClure Torgerson, C.M.C. City Clerk CC Page 12 ITEM NUMBER: A-2 DATE: 08/09/16 CC Page 13 ITEM NUMBER: A-2 DATE: 08/09/16 CC Page 14 ITEM NUMBER: A-2 DATE: 08/09/16 CC Page 15 ITEM NUMBER: A-2DATE: 08/09/16CC Page 16 ITEM NUMBER: A-2DATE: 08/09/16CC Page 17 ITEM NUMBER: A-2DATE: 08/09/16CC Page 18 ITEM NUMBER: A-2DATE: 08/09/16CC Page 19 ITEM NUMBER: A-2DATE: 08/09/16CC Page 20 ITEM NUMBER: A-2DATE: 08/09/16CC Page 21 ITEM NUMBER: A-2 DATE: 08/09/16 CC Page 22 ITEM NUMBER: A-2 DATE: 08/09/16 CC Page 23 ITEM NUMBER: A-2 DATE: 08/09/16 CC Page 24 ITEM NUMBER: A-2 DATE: 08/09/16 CC Page 25 ITEM NUMBER: A-3 DATE: 08/09/16 CC Page 26 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of June 2016 149223 06/02/2016 ATASCADERO MID MGRS ORG UNION 30.00Payroll Vendor Payment 149224 06/02/2016 ATASCADERO POLICE OFFICERS 1,186.25Payroll Vendor Payment 149225 06/02/2016 ATASCADERO PROF. FIREFIGHTERS 864.25Payroll Vendor Payment 149226 06/02/2016 HARTFORD LIFE INSURANCE 6,927.00Payroll Vendor Payment 149227 06/02/2016 NATIONWIDE RETIREMENT SOLUTION 618.60Payroll Vendor Payment 149228 06/02/2016 NAVIA BENEFIT SOLUTIONS 1,626.28Payroll Vendor Payment 149229 06/02/2016 SEIU LOCAL 620 956.55Payroll Vendor Payment 149230 06/02/2016 VANTAGEPOINT TRNSFR AGT 106099 329.05Payroll Vendor Payment 149231 06/02/2016 VANTAGEPOINT TRNSFR AGT 304633 2,839.60Payroll Vendor Payment 2271 06/03/2016 STATE DISBURSEMENT UNIT 408.46Payroll Vendor Payment 2272 06/03/2016 HEALTHEQUITY, INC.6,488.01Payroll Vendor Payment 2273 06/03/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,103.22Payroll Vendor Payment 2274 06/03/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 37,025.89Payroll Vendor Payment 2275 06/03/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,050.67Payroll Vendor Payment 2276 06/03/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,118.58Payroll Vendor Payment 2277 06/03/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,109.60Payroll Vendor Payment 2278 06/03/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,275.63Payroll Vendor Payment 2279 06/03/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,167.38Payroll Vendor Payment 2280 06/07/2016 RABOBANK, N.A.43,429.92Payroll Vendor Payment 2281 06/07/2016 EMPLOYMENT DEV DEPARTMENT 10,995.84Payroll Vendor Payment 2282 06/07/2016 EMPLOYMENT DEV. DEPARTMENT 1,744.53Payroll Vendor Payment 149232 06/09/2016 ALLIANT INSURANCE SERVICES INC 141.00Accounts Payable Check 149233 06/09/2016 ALTHOUSE & MEADE, INC.168.75Accounts Payable Check 149234 06/09/2016 AMERICAN MARBORG 107.25Accounts Payable Check 149235 06/09/2016 AMERICAN WEST TIRE & AUTO INC 1,933.15Accounts Payable Check 149236 06/09/2016 ANTECH DIAGNOSTICS 369.68Accounts Payable Check 149237 06/09/2016 ARSENAL EQUIPMENT RENTALS,LLC 698.80Accounts Payable Check 149238 06/09/2016 ASAP REPROGRAPHICS 5,163.62Accounts Payable Check 149239 06/09/2016 AT&T 668.35Accounts Payable Check 149240 06/09/2016 ATASCADERO GIRLS SOFTBALL 765.00Accounts Payable Check 149241 06/09/2016 ATASCADERO HAY & FEED 3,378.21Accounts Payable Check 149243 06/09/2016 ATASCADERO MUTUAL WATER CO.13,074.25Accounts Payable Check 149244 06/09/2016 ATASCADERO NEWS 1,361.60Accounts Payable Check 149245 06/09/2016 ATASCADERO YOUTH FOOTBALL 790.00Accounts Payable Check 149246 06/09/2016 ATASCADERO YOUTH SOCCER ASSC 1,375.00Accounts Payable Check ITEM NUMBER: A-3 DATE: 08/09/16 CC Page 27 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of June 2016 149247 06/09/2016 TERRIE BANISH 216.32Accounts Payable Check 149248 06/09/2016 BASSETT'S CRICKET RANCH,INC.737.66Accounts Payable Check 149249 06/09/2016 KEITH R. BERGHER 67.50Accounts Payable Check 149250 06/09/2016 BERRY MAN, INC.1,123.43Accounts Payable Check 149251 06/09/2016 JOHN BLAIR 250.00Accounts Payable Check 149252 06/09/2016 BREZDEN PEST CONTROL, INC.93.00Accounts Payable Check 149253 06/09/2016 SHIRLEY R. BRUTON 652.20Accounts Payable Check 149254 06/09/2016 CA CODE CHECK, INC.3,537.36Accounts Payable Check 149255 06/09/2016 CA DEPT OF FISH & WILDLIFE 245.50Accounts Payable Check 149256 06/09/2016 CAL POLY CORPORATION 260.00Accounts Payable Check 149257 06/09/2016 CASEY PRINTING, INC.6,739.30Accounts Payable Check 149258 06/09/2016 CENTRAL COAST R & R LOCK 72.92Accounts Payable Check 149259 06/09/2016 CHEVRON & TEXACO BUS. CARD 942.61Accounts Payable Check 149260 06/09/2016 CITY OF ATASCADERO 1,017.51Accounts Payable Check 149261 06/09/2016 SHAWNA L. COOLEY 165.95Accounts Payable Check 149262 06/09/2016 MIGUEL A. CORDERO 80.00Accounts Payable Check 149263 06/09/2016 CRYSTAL SPRINGS WATER 198.80Accounts Payable Check 149264 06/09/2016 MATTHEW J. CURRY 160.00Accounts Payable Check 149265 06/09/2016 SHARON J. DAVIS 255.50Accounts Payable Check 149266 06/09/2016 NICHOLAS DEBAR 300.00Accounts Payable Check 149267 06/09/2016 ELSIE V. DEBIAS 165.95Accounts Payable Check 149268 06/09/2016 DEPARTMENT OF JUSTICE 640.00Accounts Payable Check 149269 06/09/2016 PHILIP DUNSMORE 300.00Accounts Payable Check 149270 06/09/2016 ED'S FLYMEAT LLC 82.15Accounts Payable Check 149271 06/09/2016 ESCUELA DEL RIO 660.00Accounts Payable Check 149272 06/09/2016 FARM SUPPLY COMPANY 24.93Accounts Payable Check 149273 06/09/2016 GAS COMPANY 543.82Accounts Payable Check 149274 06/09/2016 ANDREW J. GEFTAKYS 160.00Accounts Payable Check 149275 06/09/2016 GEM AUTO PARTS 399.97Accounts Payable Check 149276 06/09/2016 GILBERT'S LANDSCAPES 2,906.50Accounts Payable Check 149277 06/09/2016 GOVERNMENT FINANCE OFFICERS AS 225.00Accounts Payable Check 149278 06/09/2016 KEVIN N. & MICHELLE M. GREEN 165.95Accounts Payable Check 149279 06/09/2016 BRADLEY A. HACKLEMAN 360.00Accounts Payable Check 149280 06/09/2016 EDWARD A. HARRIS 300.00Accounts Payable Check 149281 06/09/2016 HART IMPRESSIONS PRINTING 361.72Accounts Payable Check 149282 06/09/2016 HINDERLITER, DE LLAMAS 1,496.67Accounts Payable Check 149283 06/09/2016 J. CARROLL CORPORATION 558.39Accounts Payable Check ITEM NUMBER: A-3 DATE: 08/09/16 CC Page 28 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of June 2016 149284 06/09/2016 HAROLD A. JOHNSTON III 1,234.50Accounts Payable Check 149285 06/09/2016 KIDZ LOVE SOCCER 5,869.50Accounts Payable Check 149286 06/09/2016 JEFFREY & KIMBERLY KLINE 165.95Accounts Payable Check 149287 06/09/2016 MARK & RACHAEL KOENIG 165.95Accounts Payable Check 149288 06/09/2016 KSBY-TV 2,325.00Accounts Payable Check 149289 06/09/2016 LAYNE LABORATORIES, INC.270.54Accounts Payable Check 149290 06/09/2016 LEE WILSON ELECTRIC CO. INC 4,800.82Accounts Payable Check 149291 06/09/2016 CRAIG C. LOWRIE 100.00Accounts Payable Check 149292 06/09/2016 ANNETTE MANIER 61.06Accounts Payable Check 149293 06/09/2016 MARINE RESCUE PRODUCTS, INC.154.65Accounts Payable Check 149294 06/09/2016 BECKY MAXWELL 40.82Accounts Payable Check 149295 06/09/2016 SAMUEL HENRY MCMILLAN, JR.60.00Accounts Payable Check 149296 06/09/2016 MID-COAST MOWER & SAW, INC.80.49Accounts Payable Check 149297 06/09/2016 MINER'S ACE HARDWARE 589.98Accounts Payable Check 149298 06/09/2016 MISSION UNIFORM SERVICE 287.42Accounts Payable Check 149299 06/09/2016 REON C MONSON 147.00Accounts Payable Check 149300 06/09/2016 MUSTANG MEDIA GROUP 600.00Accounts Payable Check 149301 06/09/2016 PAUL NETZ 125.00Accounts Payable Check 149302 06/09/2016 NORTH COUNTY GLASS 20.00Accounts Payable Check 149303 06/09/2016 OFFICE DEPOT INC.1,002.24Accounts Payable Check 149304 06/09/2016 TARA ORLICK 43.20Accounts Payable Check 149307 06/09/2016 PACIFIC GAS AND ELECTRIC 48,906.17Accounts Payable Check 149308 06/09/2016 ROBIN K. PENDLEY 60.00Accounts Payable Check 149309 06/09/2016 PROCARE JANITORIAL SUPPLY,INC.439.00Accounts Payable Check 149310 06/09/2016 BILL RAINWATER 161.99Accounts Payable Check 149311 06/09/2016 JERI RANGEL 300.00Accounts Payable Check 149312 06/09/2016 RACHELLE RICKARD 500.00Accounts Payable Check 149313 06/09/2016 ROSENOW SPEVACEK GROUP, INC.1,606.25Accounts Payable Check 149314 06/09/2016 ROSSI TRANSPORT SERVICE 361.80Accounts Payable Check 149315 06/09/2016 SCOTT O'BRIEN FIRE & SAFETY CO 223.28Accounts Payable Check 149316 06/09/2016 SHELL 1,089.90Accounts Payable Check 149317 06/09/2016 THE SHERWIN-WILLIAMS COMPANY 52.28Accounts Payable Check 149318 06/09/2016 SHORIN-RYU KARATE 308.00Accounts Payable Check 149319 06/09/2016 JOHN C. SIEMENS 261.10Accounts Payable Check 149320 06/09/2016 DAVID L. SMAW 120.00Accounts Payable Check 149321 06/09/2016 SOLARCITY CORPORATION 113.60Accounts Payable Check 149322 06/09/2016 SPEAKWRITE, LLC.444.06Accounts Payable Check ITEM NUMBER: A-3 DATE: 08/09/16 CC Page 29 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of June 2016 149323 06/09/2016 STAPLES CREDIT PLAN 1,306.88Accounts Payable Check 149324 06/09/2016 SUNLIGHT JANITORIAL 1,734.00Accounts Payable Check 149325 06/09/2016 TEMPLETON UNIFORMS 59.50Accounts Payable Check 149326 06/09/2016 TENT CITY BEER COMPANY 65.00Accounts Payable Check 149327 06/09/2016 THRIVE TRAINING CENTER 39.90Accounts Payable Check 149328 06/09/2016 TURF STAR, INC.344.32Accounts Payable Check 149329 06/09/2016 ULTREX BUSINESS PRODUCTS 349.39Accounts Payable Check 149330 06/09/2016 UNITED STAFFING ASSC., INC.875.16Accounts Payable Check 149331 06/09/2016 IWINA M. VAN BEEK 100.00Accounts Payable Check 149332 06/09/2016 VERIZON WIRELESS 858.41Accounts Payable Check 149333 06/09/2016 VIBORG SAND & GRAVEL, INC.96,027.76Accounts Payable Check 149334 06/09/2016 MICHAEL T. WEAKS 120.00Accounts Payable Check 149335 06/09/2016 WEST COAST AUTO & TOWING, INC.150.00Accounts Payable Check 149336 06/09/2016 WEX BANK - 76 UNIVERSL 12,878.53Accounts Payable Check 149337 06/09/2016 WILLIAMS FLOORING AMERICA, INC 4,149.00Accounts Payable Check 149338 06/09/2016 KAREN B. WYKE 519.30Accounts Payable Check 2283 06/17/2016 STATE DISBURSEMENT UNIT 408.46Payroll Vendor Payment 2284 06/17/2016 HEALTHEQUITY, INC.6,488.01Payroll Vendor Payment 2285 06/17/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,188.32Payroll Vendor Payment 2286 06/17/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 38,242.23Payroll Vendor Payment 2287 06/17/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,017.70Payroll Vendor Payment 2288 06/17/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,131.03Payroll Vendor Payment 2289 06/17/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,520.92Payroll Vendor Payment 2290 06/17/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,333.78Payroll Vendor Payment 2291 06/17/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,230.83Payroll Vendor Payment 149339 06/17/2016 ATASCADERO MID MGRS ORG UNION 30.00Payroll Vendor Payment 149340 06/17/2016 ATASCADERO POLICE OFFICERS 1,186.25Payroll Vendor Payment 149341 06/17/2016 ATASCADERO PROF. FIREFIGHTERS 864.25Payroll Vendor Payment 149342 06/17/2016 HARTFORD LIFE INSURANCE 6,927.00Payroll Vendor Payment 149343 06/17/2016 NATIONWIDE RETIREMENT SOLUTION 644.31Payroll Vendor Payment 149344 06/17/2016 NAVIA BENEFIT SOLUTIONS 1,626.28Payroll Vendor Payment 149345 06/17/2016 NAVIA BENEFIT SOLUTIONS 70.00Payroll Vendor Payment 149346 06/17/2016 SEIU LOCAL 620 956.55Payroll Vendor Payment 149347 06/17/2016 VANTAGEPOINT TRNSFR AGT 106099 329.05Payroll Vendor Payment 149348 06/17/2016 VANTAGEPOINT TRNSFR AGT 304633 2,839.60Payroll Vendor Payment 2292 06/21/2016 RABOBANK, N.A.49,810.06Payroll Vendor Payment ITEM NUMBER: A-3 DATE: 08/09/16 CC Page 30 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of June 2016 2293 06/21/2016 EMPLOYMENT DEV DEPARTMENT 13,229.16Payroll Vendor Payment 2294 06/21/2016 EMPLOYMENT DEV. DEPARTMENT 1,779.49Payroll Vendor Payment 149349 06/24/2016 A & T ARBORISTS & VEGETATION 300.00Accounts Payable Check 149350 06/24/2016 AIRFLOW FILTER SERVICE, INC.42.99Accounts Payable Check 149351 06/24/2016 A-JAY EXCAVATING, INC.1,020.00Accounts Payable Check 149352 06/24/2016 ALTHOUSE & MEADE, INC.881.25Accounts Payable Check 149353 06/24/2016 AMERICAN WEST TIRE & AUTO INC 145.00Accounts Payable Check 149354 06/24/2016 AT&T 588.75Accounts Payable Check 149355 06/24/2016 AT&T 904.87Accounts Payable Check 149356 06/24/2016 ATASCADERO KIWANIS 255.00Accounts Payable Check 149357 06/24/2016 ATASCADERO VETERANS MEMORIAL F 96.00Accounts Payable Check 149358 06/24/2016 AURORA WORLD, INC.557.96Accounts Payable Check 149359 06/24/2016 AMANDA BASSETTI 68.50Accounts Payable Check 149360 06/24/2016 BAUER COMPRESSORS 288,522.37Accounts Payable Check 149361 06/24/2016 PATRICK BEHR 155.00Accounts Payable Check 149362 06/24/2016 KEITH R. BERGHER 495.00Accounts Payable Check 149363 06/24/2016 BETH WONSON CONSULTING 225.00Accounts Payable Check 149364 06/24/2016 BLUE TARP FINANCIAL, INC.358.84Accounts Payable Check 149365 06/24/2016 BOUND TREE MEDICAL, LLC 81.18Accounts Payable Check 149366 06/24/2016 AARON BROWN 179.00Accounts Payable Check 149367 06/24/2016 BURKE,WILLIAMS, & SORENSON LLP 85,289.97Accounts Payable Check 149368 06/24/2016 BUTLER BUSINESS MACHINES 45.00Accounts Payable Check 149369 06/24/2016 CA CODE CHECK, INC.674.58Accounts Payable Check 149370 06/24/2016 CENTRAL COAST PARTY HELPERS 450.00Accounts Payable Check 149371 06/24/2016 CHARTER COMMUNICATIONS 1,431.83Accounts Payable Check 149372 06/24/2016 CITY OF FRESNO-POLICE DEPT.1,023.00Accounts Payable Check 149373 06/24/2016 CO OF SAN LUIS OBISPO SART PRG 1,618.00Accounts Payable Check 149374 06/24/2016 COAST LINE DISTRIBUTING 386.89Accounts Payable Check 149375 06/24/2016 COASTAL CARDIOLOGY, INC.400.00Accounts Payable Check 149376 06/24/2016 COASTAL COPY, LP 155.10Accounts Payable Check 149377 06/24/2016 COASTAL REPROGRAPHIC SERVICES 125.32Accounts Payable Check 149378 06/24/2016 COBAN TECHNOLOGIES, INC.654.60Accounts Payable Check 149379 06/24/2016 CORELOGIC SOLUTIONS, LLC.125.00Accounts Payable Check 149380 06/24/2016 JOHN COUCH 600.00Accounts Payable Check 149381 06/24/2016 CRYSTAL SPRINGS WATER 232.20Accounts Payable Check 149382 06/24/2016 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check ITEM NUMBER: A-3 DATE: 08/09/16 CC Page 31 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of June 2016 149383 06/24/2016 DAILY DISPATCH 385.00Accounts Payable Check 149384 06/24/2016 DAN BIDDLE PEST CONTROL SERVIC 135.00Accounts Payable Check 149385 06/24/2016 DELTA LIQUID ENERGY 1,072.91Accounts Payable Check 149386 06/24/2016 DEPARTMENT OF JUSTICE 392.00Accounts Payable Check 149387 06/24/2016 DIVERSIFIED PROJECT SERVICES 3,967.50Accounts Payable Check 149388 06/24/2016 DOGGIE WALK BAGS COMPANY 561.86Accounts Payable Check 149389 06/24/2016 EARTH SYSTEMS PACIFIC 11,750.00Accounts Payable Check 149390 06/24/2016 EIKHOF DESIGN GROUP, INC.8,595.00Accounts Payable Check 149391 06/24/2016 EL CAMINO CAR WASH 68.98Accounts Payable Check 149392 06/24/2016 ELECTRICRAFT, INC.2,249.58Accounts Payable Check 149393 06/24/2016 FARM SUPPLY COMPANY 293.15Accounts Payable Check 149394 06/24/2016 FERRELL'S AUTO REPAIR 1,114.20Accounts Payable Check 149395 06/24/2016 FOOD FOR LESS 228.66Accounts Payable Check 149396 06/24/2016 FRIENDS OF THE LIBRARY 96.00Accounts Payable Check 149397 06/24/2016 GAS COMPANY 221.99Accounts Payable Check 149398 06/24/2016 GILBERT'S LANDSCAPES 1,884.06Accounts Payable Check 149399 06/24/2016 HEATHER GREEN 84.00Accounts Payable Check 149400 06/24/2016 HANLEY AND FLEISHMAN, LLP 999.00Accounts Payable Check 149401 06/24/2016 ROCHELLE O. HANSON 179.00Accounts Payable Check 149402 06/24/2016 HART IMPRESSIONS PRINTING 349.47Accounts Payable Check 149403 06/24/2016 HELIXSTORM, INC.1,050.00Accounts Payable Check 149404 06/24/2016 CHRISTOPHER HESTER 179.00Accounts Payable Check 149405 06/24/2016 MICHAEL E. HUBERT 101.95Accounts Payable Check 149406 06/24/2016 EVELYN R. INGRAM 756.00Accounts Payable Check 149407 06/24/2016 INHOUSE SECURITY SERVICE, LLC 630.00Accounts Payable Check 149408 06/24/2016 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check 149409 06/24/2016 K & M INTERNATIONAL 3,377.79Accounts Payable Check 149410 06/24/2016 K PENCE CONSULTING 1,840.00Accounts Payable Check 149411 06/24/2016 KARP LAND SURVEYS 1,565.00Accounts Payable Check 149412 06/24/2016 DAREN KENNETT 116.98Accounts Payable Check 149413 06/24/2016 KSBY-TV 1,050.00Accounts Payable Check 149414 06/24/2016 L.N. CURTIS & SONS 732.19Accounts Payable Check 149415 06/24/2016 LANTERN PRESS 306.19Accounts Payable Check 149416 06/24/2016 LEHIGH HANSON 1,825.98Accounts Payable Check 149417 06/24/2016 LIFE ASSIST, INC.2,493.92Accounts Payable Check 149418 06/24/2016 LOCAL GOVERNMENT COMMISSION 600.00Accounts Payable Check 149419 06/24/2016 MADRONE LANDSCAPES, INC.3,924.65Accounts Payable Check ITEM NUMBER: A-3 DATE: 08/09/16 CC Page 32 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of June 2016 149420 06/24/2016 MEDORA CORPORATION 3,195.52Accounts Payable Check 149421 06/24/2016 MEDPOST URGENT CARE-PASO ROBLE 980.00Accounts Payable Check 149422 06/24/2016 MERRILL RESEARCH & ASSOC. LLC 167.00Accounts Payable Check 149423 06/24/2016 MICHAEL BRANDMAN ASSOCIATES 6,125.00Accounts Payable Check 149424 06/24/2016 MID-COAST MOWER & SAW, INC.11.89Accounts Payable Check 149425 06/24/2016 MINER'S ACE HARDWARE 374.49Accounts Payable Check 149426 06/24/2016 MISSION UNIFORM SERVICE 375.24Accounts Payable Check 149427 06/24/2016 MV TRANSPORTATION, INC.12,032.30Accounts Payable Check 149428 06/24/2016 NORTH COAST ENGINEERING INC.8,028.25Accounts Payable Check 149429 06/24/2016 NORTH COUNTY GLASS 51.86Accounts Payable Check 149430 06/24/2016 OFFICE DEPOT INC.1,035.92Accounts Payable Check 149431 06/24/2016 ONTRAC 71.14Accounts Payable Check 149432 06/24/2016 DAWN PATTERSON 20.52Accounts Payable Check 149433 06/24/2016 PC MECHANICAL, INC.660.00Accounts Payable Check 149434 06/24/2016 PENGUIN RANDOM HOUSE, LLC 20.97Accounts Payable Check 149435 06/24/2016 PERRY'S PARCEL & GIFT 110.01Accounts Payable Check 149436 06/24/2016 PRAXAIR DISTRIBUTION, INC.187.47Accounts Payable Check 149437 06/24/2016 PRINTPAL PROMOTIONS & PRINTING 359.10Accounts Payable Check 149438 06/24/2016 PROCARE JANITORIAL SUPPLY,INC.578.27Accounts Payable Check 149439 06/24/2016 PTL ENTERPRISES 95.40Accounts Payable Check 149440 06/24/2016 RICK ENGINEERING COMPANY 9,473.08Accounts Payable Check 149441 06/24/2016 CHRISTOPHER R. ROBINSON 130.00Accounts Payable Check 149442 06/24/2016 ROSENOW SPEVACEK GROUP, INC.461.25Accounts Payable Check 149443 06/24/2016 ROSSI TRANSPORT SERVICE 361.80Accounts Payable Check 149444 06/24/2016 S. LOMBARDI & ASSOCIATES 7,850.00Accounts Payable Check 149445 06/24/2016 SAN LUIS POWERHOUSE, INC.270.00Accounts Payable Check 149446 06/24/2016 SERVICE SYSTEMS ASSC, INC.8,000.00Accounts Payable Check 149447 06/24/2016 SHELL BEACH ELEMENTARY PTO 18.00Accounts Payable Check 149448 06/24/2016 SCOTT SIMONS 178.18Accounts Payable Check 149449 06/24/2016 SLO COUNTY HEALTH AGENCY 56,059.25Accounts Payable Check 149450 06/24/2016 SLO COUNTY SHERIFF'S OFFICE 551.43Accounts Payable Check 149451 06/24/2016 SLO COUNTY SHERIFF'S OFFICE 184.00Accounts Payable Check 149452 06/24/2016 SMART AND FINAL 88.08Accounts Payable Check 149453 06/24/2016 SOUTHERN COMPUTER WAREHOUSE 860.73Accounts Payable Check 149454 06/24/2016 CONNER M. SPEARS 280.00Accounts Payable Check 149455 06/24/2016 SPRINT 2,016.33Accounts Payable Check 149456 06/24/2016 STATE BOARD OF EQUALIZATION 1,608.00Accounts Payable Check ITEM NUMBER: A-3 DATE: 08/09/16 CC Page 33 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of June 2016 149457 06/24/2016 STONEAGE ARTS, INC.211.51Accounts Payable Check 149458 06/24/2016 SUNLIGHT JANITORIAL 1,700.00Accounts Payable Check 149459 06/24/2016 CALLIE TAYLOR 15.12Accounts Payable Check 149460 06/24/2016 TEXAS REFINERY CORP.1,754.06Accounts Payable Check 149461 06/24/2016 TOYSMITH 81.00Accounts Payable Check 149462 06/24/2016 TRIBUNE 3,633.95Accounts Payable Check 149467 06/24/2016 U.S. BANK 26,901.69Accounts Payable Check 149468 06/24/2016 UNITED STAFFING ASSC., INC.175.03Accounts Payable Check 149469 06/24/2016 TYSON VAN HORN 169.43Accounts Payable Check 149470 06/24/2016 VERDIN 1,610.92Accounts Payable Check 149471 06/24/2016 VERIZON WIRELESS 1,245.60Accounts Payable Check 149472 06/24/2016 VERIZON WIRELESS-VSAT 190.00Accounts Payable Check 149473 06/24/2016 WEST COAST AUTO & TOWING, INC.842.35Accounts Payable Check 149474 06/24/2016 WILKINS ACTION GRAPHICS 337.37Accounts Payable Check 149475 06/24/2016 ISRAEL WINGATE 200.00Accounts Payable Check 149476 06/26/2016 ALLSTATE WORKPLACE DIVISION 2,522.19Payroll Vendor Payment 149477 06/26/2016 ANTHEM BLUE CROSS HEALTH 143,571.69Payroll Vendor Payment 149478 06/26/2016 LINCOLN NATIONAL LIFE INS CO 1,409.82Payroll Vendor Payment 149479 06/26/2016 MEDICAL EYE SERVICES 1,763.27Payroll Vendor Payment 149480 06/26/2016 PREFERRED BENEFITS INSURANCE 9,352.70Payroll Vendor Payment 149481 06/30/2016 ATASCADERO PROF. FIREFIGHTERS 864.25Payroll Vendor Payment 149482 06/30/2016 HARTFORD LIFE INSURANCE 41,617.00Payroll Vendor Payment 149483 06/30/2016 NATIONWIDE RETIREMENT SOLUTION 1,714.81Payroll Vendor Payment 149484 06/30/2016 SEIU LOCAL 620 962.13Payroll Vendor Payment 149485 06/30/2016 VANTAGEPOINT TRNSFR AGT 106099 329.05Payroll Vendor Payment 149486 06/30/2016 VANTAGEPOINT TRNSFR AGT 304633 1,839.60Payroll Vendor Payment $1,376,498.79 ITEM NUMBER: A-3 DATE: 08/09/16 CC Page 34 ITEM NUMBER: A-4 DATE: 08/09/16 Atascadero City Council Staff Report – Community Development Department On-site Alcohol Sales License Type 42 Determination of Public Convenience PLN 2016-1601 / ABC 2016-0022 8451 El Camino Real “Skip’s Speakeasy” (Russel / Neal) (Request to approve an on- sale beer and wine for public premises Alcohol Beverage Control license application) RECOMMENDATION: Council adopt Draft Resolution “A” finding that a public convenience would be served by allowing the issuance of an on sale beer and wine for public premises license for Skip’s Speakeasy, a bar located at 8451 El Camino Real. DISCUSSION: The applicant, Alex Neal, has applied for a Type 42 license through the Department of Alcohol Beverage Control (ABC). The proposed business would be a local bar with vintage Prohibition -era speakeasy theme offering live music at the former location of Club Soda. Per ABC requirements, beer and wine (but not distilled spirits) can be sold for on- or off-site consumption. Food service is not required. Minors are not allowed to enter and remain on the premises. The site is zoned Commercial Retail (CR) within the General Commercial General Plan Land Use Designation (GC). Conditional Use Permit 2016-0299 was approved by the Planning Commission on July 19, 2016 to allow this bar/tavern use in the CR zoning district. CC Page 35 ITEM NUMBER: A-4 DATE: 08/09/16 Analysis: Section 23958.4 of the Alcoholic Beverage Control Act requires the local governing body to determine that an ABC license will serve a public convenience or necessity when there is an “Undue Concentration” of liquor licenses within the impacted census tract. Skip’s Speakeasy will be located in census tract 0125.03 where 13 on -sale licenses are permitted. There are currently 14 such licenses active in the census tract , therefore Council review is required prior to adding any additional license to the area. Staff has reviewed the request to determine that approval of this application, or conditional approval, would not negatively influence the rate of criminal activity in the neighborhood and the Planning Commission has found the business, as conditioned will be compatible with the character of the local neighborhood. The Atascadero Police Department has determined that the impact to public safety would be negligible based on the consideration of the physical location of the current establishment and the number of past calls for service. FISCAL IMPACT: A slight positive fiscal impact is expected from increased sales tax. ATTACHMENTS: 1. Draft Resolution “A” 2. Location Map 3. Zoning Map 4. Applicant Letter of Justification CC Page 36 ITEM NUMBER: A-4 DATE: 08/09/16 Attachment 1: Draft Resolution A PLN 2016-1601 / ABC 2016-0022 DRAFT RESOLUTION “A” RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, FINDING THAT A PUBLIC CONVENIENCE WILL BE SERVED BY ALLOWING THE ISSUANCE OF AN ALCOHOL LICENSE AT 8451 EL CAMINO REAL ON APN 030-512-007 (Neal / Skip’s Speakeasy) WHEREAS, an application has been received from Jim Russel (9205 San Marcos Road, Atascadero, CA 93422), Property Owner; Alex Neal (1040 Chestnut St., Apt. 8, Paso Robles, CA 93446) dba Skip’s Speakeasy (8451 El Camino Real, Atascadero, CA 93422), Applicant; to request that the City Council make a finding of public convenience or necessity to allow the Department of Alcohol Beverage Control (ABC) to issue a Type 42 on sale beer and wine – public premises license at 8451 El Camino Real (APN 030-512-007); and WHEREAS, the sites current General Plan Designation is GC (General Commercial); and WHEREAS, the sites current Zoning Designation is CR (Commercial Retail); and WHEREAS, bars and taverns are conditionally allowed in the Commercial Retail Zoning District; and WHEREAS, the Atascadero Planning Commission approved Conditional Use Permit 2016- 0299 on July 19, 2016; and WHEREAS, the Atascadero Police Department has reviewed the application and does not foresee any significant public safety issue related to the requested license; and WHEREAS, the license is requested at a site that is located more than 500 feet from public school property; and WHEREAS, the City Council of the City of Atascadero considered the requested application at a public meeting on August 9, 2016; and NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Atascadero, hereby determines that a public convenience will be served by the issuance of a Type 42 on sale beer and wine – public premises license to Alex Neal dba Skip’s Speakeasy at 8451 El Camino Real. CC Page 37 ITEM NUMBER: A-4 DATE: 08/09/16 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: ADOPTED: CITY OF ATASCADERO By:______________________________ Tom O’Malley, Mayor ATTEST: _______________________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: _______________________________________ Brian A. Pierik, City Attorney CC Page 38 ITEM NUMBER: A-4 DATE: 08/09/16 Attachment 2: Location Map, 8451 El Camino Real PLN 2016-1601 ABC 2016-0022 Skip’s Speakeasy 8451 El Camino Real CC Page 39 ITEM NUMBER: A-4 DATE: 08/09/16 Attachment 3: Zoning Map, 8451 El Camino Real PLN 2016-1601 / ABC 2016-0022 CS Commercial Service RSF-X Residential Single Family RMF-20 High-Density Residential Multi-Family CR Commercial Service CC Page 40 ITEM NUMBER: A-4 DATE: 08/09/16 Attachment 4: Applicant Letter of Justification PLN 2016-1601 / ABC 2016-0022 CC Page 41 ITEM NUMBER: B-1 DATE: 08/09/16 Atascadero City Council Staff Report – Community Development Department Community Facilities District No. 2016-1 2055 El Camino Real (AT 09-0073) RECOMMENDATIONS: Council: 1. Conduct a public hearing on the formation of Communities Facilities District No. 2016-1 and levy of special taxes; and 2. Adopt Resolution A, forming and establishing Communities Facilities District No. 2016-1 (Maintenance Services) of the City of Atascadero (the “CFD No. 2016- 1”), authorizing the levy of a special tax and calling a special election; and 3. Direct the City Clerk to conduct a vote and collect and count the ballots. Council to recess until ballots are counted 4. Adopt Resolution B, declaring the results of a special election in CFD No. 2016- 1; and 5. Introduce for first reading by title only, and waive further reading, Draft Ordinance A, authorizing the levy of a special tax in CFD No. 2016-1. REPORT-IN-BRIEF: At the June 28, 2016 City Council meeting, the City Council adopted Resolution Number 2016-069, a resolution of intention to establish Communities Facilities District No. 2016-1 (Maintenance Services) of the City of Atascadero pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982 (the “Act”). The Walmart project will be the initial development establishing this new district. The Del Rio Specific Plan (the “Specific Plan”), adopted on July 10, 2012, requires that certain maintenance costs relating to improvements within the City right -of-way be 100% funded in perpetuity by the owner s of each of the included development parcels . Walmart has elected to satisfy the requirement through the establishment of a CC Page 42 ITEM NUMBER: B-1 DATE: 08/09/16 Community Facilities District (CFD) which each year would levy a special tax to provide reimbursement to the City for maintenance services of landscaping, lighting and other public improvements. Required maintenance responsibilities of the development may include, but are not limited to:  Landscaped frontages within the right-of-way of all public streets  Street lighting within public rights-of-way in the Specific Plan area  Landscaping within center medians and the roundabout, including all public streets within the Specific Plan area  Street sweeping along perimeter public streets  Storm drain and catch basin maintenance  Graffiti abatement In addition to the requirements of the Specific Plan, City ordinance requires all property owners to maintain their street frontage, which includes the maintenance of curb, gutter, and sidewalk as applicable. Maintenance services associated with these improvements have been included in the proposed CFD No. 2016-1. Current and future property owners within the Boundaries of CFD No. 2016 -1 will be assessed an annual special tax in an amount at or less than the maximum annual special tax as identified in the Rate and Method of Apportionment. No bonded indebtedness will be incurred by or on behalf of CFD No. 2016-1. DISCUSSION: Background: CFD No. 2016-1 is being established as an annexable community facilities district to provide an option to developers that have maintenance responsibilities within the public right-of-way. With the formation of this district, the City, or their designated contractor, would perform maintenance services for certain improvements within the right -of-way that are the responsibility of the adjacent development/parcel as designated through project entitlement or City ordinance. This district is similar to a Landscape and Lighting District or a Benefit Assessment District but provides more flexibility regarding the services to be provided and is less cumbersome to form and administer on an annual basis. Unless specifically conditioned on future entitlements, or unless required through adopted City policy or ordinance, this district would remain a voluntary option for developers who do not want to privately manage these maintenance services. This district is being formed at the request of the Walmart development, but allows for annexation by additional developments in the future. This district is only established for maintenance costs associated with public improvements within a public right -of-way. District Formation Process: CC Page 43 ITEM NUMBER: B-1 DATE: 08/09/16 Notice of this public hearing was published in the Atascadero News on July 29, 2016. Staff has determined that there are no registered voters residing within the territory of CFD No. 2016-1 and mailed a ballot package for the election to approve the levy of special taxes to the landowner who owns the parcels subject to the special tax in accordance with the proper procedures required under the law. To complete the formation of CFD No. 2016-1, the City Council must allow the testimony of all interested parties for or against the proposed formation of CFD No. 2016-1. Once the public hearing is closed, the City Council, at their discretion, will consider the resolution forming and establishing CFD No. 2016 -1 and authorizing the levy of a special tax within CFD No. 2016 -1. If the election is successful, the City Council will adopt resolution declaring the results of a special election and introduce the ordinance for first reading authorizing the levy of a special tax within CFD No. 2016-1. The ordinance will be adopted on second reading at the next City Council meeting on September 13, 2016 and shall be effective thirty (30) days after its adoption. The final step in the formation process is to record the notice of special tax lien within 14 days following the public hearing. Summary of Resolutions and Ordinance  Resolution of Formation. This resolution contains all of the information in Resolution 2016-069 from the June 28, 2016, City Council meeting, states that the proposed tax to be levied in CFD No. 2016-1 has not been precluded by a majority protest, identifies the services proposed to be funded with the special tax, sets forth the name, address and te lephone number for the entity responsible for preparing the annual roll of special tax levy obligations, provides special tax lien disclosure, identifies the recorded boundary map, finds that all proceedings were valid and in conformity with the Act, autho rizes the submittal of the levy of the special taxes to the qualified elector of CFD No. 2016 -1 at a special election, and describes the ballot propositions, voting procedures and election procedures.  Resolution Declaring Election Results. Once the City Clerk, acting as the election official, has canvassed the ballots, she will report the results of the election to City Council. This resolution approves the Certificate of Election Official and Statement of Votes Cast (“Certificate and Statement”) submitted by the City Clerk and directs the City Clerk to enter into minutes the results of the election. The City Clerk will record the Notice of Special Tax Lien within (15) days after the election.  Ordinance Authorizing the Levy of Special Tax. This ordinance authorizes the levy of the special tax on taxable properties in CFD No. 2016 -1 pursuant to the RMA, authorizes the City Council to annually determine the special tax to be levied within CFD No. 2016-1, provides that the special taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in case of delinquency as ad valorem taxes and states that the special taxes authorized to be levied will be CC Page 44 ITEM NUMBER: B-1 DATE: 08/09/16 secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the Streets and Highways Code of the State of California. This action will introduce the ordinance and waive the first reading. The ordi nance will be adopted at the next City Council meeting on September 13, 2016 and shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk will publish the ordinance in a newspaper of general circulation pursuant to the provisions of California Government Code Section 36933. Conclusion: The Del Rio Area Specific Plan requires that the development fund in perpetuity the maintenance associated with certain improvements within the City right-of-way. In addition, City ordinance requires that property frontage improvements, inc luding curb, gutter, and sidewalk be maintained in perpetuity by the fronting development. Walmart has elected to meet these requirements through the formation of a Community Facilities District. This district will allow Walmart and other future developme nts to reimburse the City for costs incurred to perform these services. If the district is not formed, Walmart and future development projects will be required to privately fund and manage maintenance activities within the City right-of-way. FISCAL IMPACT: The CFD No. 2016-1 is designed to be fiscally neutral to the City with each development within the district covering the full cost associated with the maintenance of specified public improvements. ALTERNATIVES: Require the landowner to privately fund and manage maintenance of specified improvements within the public right-of-way. ATTACHMENTS: 1. Draft Resolution A, forming and establishing Communities Facilities District No. 2016-1 (Maintenance Services) of the City of Atascadero (the “CFD 2016 -1”) and authorizing submittal of the levy of a special tax to qualified elector. 2. Draft Resolution B, declaring the results of a special election in CFD No. 2016 -1. 3. Draft Ordinance A, authorizing the levy of a special tax in CFD 2016-1. 4. CFD No. 2016-1 (Maintenance Services) CFD Report CC Page 45 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 1 ATTACHMENT 1: Draft Resolution A Establishment and formation of CFD 2016-1 and authorizing submittal of a levy DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2016-1 (MAINTENANCE SERVICES) OF THE CITY OF ATASCADERO, AUTHORIZING THE LEVY OF A SPECIAL TAX, AND CALLING A SPECIAL ELECTION WHEREAS, the City Council (the “City Council”) of the City of Atascadero (the “City”) has, by the adoption of Resolution 2016-069 (the “Resolution of Intention”), previously declared its intention to form a community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”) for the purpose of providing an alternative method of financing the maintenance services necessary to serve new development within such community facilities district; and WHEREAS, this community facilities district has been designated as Community Facilities District No. 2016-1 (Maintenance Services) of the City of Atascadero (“CFD No. 2016- 1”); and WHEREAS, notice of a public hearing related to the establishment of CFD No. 2016-1, the extent of CFD No. 2016-1, the financing of certain types of services by CFD No. 2016-1 and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing to establish CFD No. 2016-1; and WHEREAS, all communication relating to the establishment of CFD No. 2016-1, the financing of certain types of services and the proposed rate and method of apportionment of special tax have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings; and WHEREAS, the Registrar of Voters of the County of San Luis Obispo has certified that there are no registered voters residing within the proposed boundaries of CFD No. 2016-1; and WHEREAS, inasmuch as there are no registered voters within the proposed boundaries of CFD No. 2016-1 the authorization to levy special taxes within CFD No. 2016-1 shall be submitted to the landowner of CFD No. 2016-1, such landowner being the qualified elector as authorized by law. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: CC Page 46 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 1 SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Determinations. It is hereby determined by the City Council that: A. All prior proceedings pertaining to the formation of CFD No. 2016-1 were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and this finding and determination is made pursuant to the provisions of the Government Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Act and, therefore, the special tax proposed to be within CFD No. 2016-1 has not been precluded by a majority protest pursuant to Section 53324 of the Government Code of the State of California. C. The formation of CFD No. 2016-1 and such authorization to levy the special tax within CFD No. 2016-1 to finance the Authorized Services identified below constitutes the creation of a government funding mechanism which does not involve the commitment to any specific project which may result in a potentially significant impact on the environment. Therefore, the formation of CFD No. 2016-1 and the authorization to levy the special tax within CFD No. 2016-1 do not constitute a “project” which is subject to the provisions of the California Environment Quality Act (California Public Resources Code Section 21000 and following). D. No registered voters have resided within the territory of CFD No. 2016-1 for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified elector of CFD No. 2016-1 shall be the landowner of CFD No. 2016-1 as such term is defined in Government Code Section 53317(f) and such landowner who is the owner of record as of the close of the public hearing pertaining to the formation of CFD No. 2016-1, of the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that such landowner owns within CFD No. 2016-1. E. The time limit specified by the Act for conducting an election to submit the levy of the special tax to the qualified elector of CFD No. 2016-1 and the requirements for impartial analysis and ballot arguments have been waived with the consent of the qualified elector of CFD No. 2016-1. F. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of the resolution forming and establishing CFD No. 2016-1. CC Page 47 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 1 SECTION 3. Community Facilities District Report. The Community Facilities District Report, as prepared pursuant to the Act and the Resolution of Intention and now submitted and received by this City Council, shall stand as the Community Facilities District Report for all future proceedings and all terms and contents are approved as set forth therein. SECTION 4. Name of the Community Facilities District. This legislative body does hereby establish and declare the formation of CFD No. 2016-1 to be known and designated as “Community Facilities District No. 2016-1 (Maintenance Services) of the City of Atascadero.” SECTION 5. Boundaries of CFD No. 2016-1. The boundaries of CFD No. 2016-1 are generally described as follows: All property as shown on the Boundary Map as previously approved by this City Council, such map designated as “Proposed Boundary Map of Community Facilities District No. 2016-1 (Maintenance Services), City of Atascadero, County of San Luis Obispo, State of California” (the “Boundary Map”). The Boundary Map has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the San Luis Obispo County Recorder, in Book 5, Page 92 of Maps of Assessment and Community Facilities Districts and as Document No. 2016031531. SECTION 6. Description of Services. The maintenance services authorized to be financed by CFD No. 2016-1 are not replacing services already available within the boundaries of CFD No. 2016-1. A general description of such (collectively, the “Authorized Services”), whether provided directly by the City or by a third party contracting with the City or CFD No. 2016-1, that may be financed is set forth in Exhibit A attached hereto and incorporated herein by this reference. The City Council finds that the Authorized Services described in this Section 6 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of CFD No. 2016-1. SECTION 7. Special Tax. Except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the “Special Tax”) and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in CFD No. 2016-1. For further particulars as to the Rate and Method of Apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit B (the “Rate and Method”), which sets forth in sufficient detail the Rate and Method of Apportionment of the Special Tax to allow each landowner or resident within proposed CFD No. 2016-1 to clearly estimate the maximum amount of Special Tax that such person will have to pay the Authorized Services. The special Tax may not be prepaid. The Special Tax herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee CC Page 48 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 1 shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City. Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of Special Tax Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the Special Tax shall attach to all non-exempt real property in CFD No. 2016-1 and this lien shall continue in force and effect until collection of the special tax by the legislative body ceases. SECTION 8. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by CFD No. 2016-1 of the Special Tax Described in Section 7 above: A. The Special Tax shall be levied for the specific purposes set forth in Section 7 above. B. The proceeds of the levy of the Special Tax shall be applied only to the specific applicable purposes set forth in Section 7 above. C. CFD No. 2016-1 shall establish a separate account into which the proceeds of the special Tax shall be deposited. D. The Director of Finance/Treasurer of the City, or his designee, acting for and on behalf of CFD No. 2016-1, shall annually file a report with the City as required pursuant to Government Code Section 50075.3. SECTION 9. Preparation of Annual Tax Roll. The name, address and telephone number of the office, department, or bureau which will be responsible for preparing annually a current roll of Special Tax levy obligations by Assessor’s parcel number and which shall be responsible for estimating future special tax levies pursuant to section 53340.2 of the Government Code of the State of California, are as follows: City of Atascadero Community Development 6500 Palma Avenue Atascadero, California 93422 (805) 461-5000 SECTION10. Election. This legislative body herewith submits the levy of the special taxes to the qualified elector of CFD No. 2016-1, such elector being the landowner of the property within CFD No. 2016-1, with such landowner having one (1) vote for each acre of portion thereof of land which he or she owns within the District. CC Page 49 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 1 This legislative body hereby further directs that the ballot proposition relating to the levy of the above referenced special taxes within CFD No. 2016-1 be combined and consolidated with the proposition set forth in Section 11 below relating to the establishment of an appropriations limit for CFD No. 2016-1. The Proposition related to the levy of the special taxes and establish an appropriations limit for CFD No. 2016-1, shall be submitted to the qualified elector of CFD No. 2016-1 at a special election to be held on (a) August 09, 2016, immediately following the adoption of this resolution or (b) such other date as the qualified elector and the City Clerk may mutually agree and such election shall be a special election to be conducted by the City Clerk (hereinafter referred to as the (“Election Official”). If the proposition for the levy of the special taxes receives the approval of more than two-thirds (2/3rds) of the votes cast on the proposition, the special tax thereby approved may be levied as provided for in this Resolution. SECTION 11. Ballot Propositions. The ballot proposals to be submitted to the qualified elector of CFD No. 2016-1 at the election shall generally be as follows: Proposition A Shall the City Council of the City of Atascadero be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit B to the Resolution Declaring its Intention to Establish Community Facilities District No. 2016-1 (Maintenance Services) adopted by the City Council on June 28, 2016 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Proposed Boundary Map Community Facilities District No. 2016-1 (Maintenance Services) City of Atascadero, County of San Luis Obispo” to finance certain services as set forth in Section 5 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2016-1 (Maintenance Services) in the amount of special taxes collected? SECTION 12. Vote. The appropriate mark placed in the voting square following the word “YES” shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square following the word “NO” in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 13. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for holding the above election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, including but not limited to, the following: 1. Prepare and furnish the necessary election supplies for the conduct of the election. 2. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. 3. Furnish official ballots for the qualified elector of CFD No. 2016-1. 4. Cause the official ballots to be presented to the qualified elector, as required by law. 5. Receive the returns of the election and supplies. CC Page 50 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 1 6. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. 7. Canvass the return of the election. 8. Furnish a tabulation of the number of votes given in the election. 9. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. SECTION 14. Effective Date. This resolution shall become effective upon its adoption. 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: ADOPTED: CITY OF ATASCADERO Tom O’Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney CC Page 51 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 1 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES COMMUNITY FACILITIES DISTRICT NO. 2016-1 (MAINTENANCE SERVICES) The services which may be funded with proceeds of the special tax of CFD No. 2016-1, shall consist of services permitted by the Act, and may include, but shall not be limited to all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services include, but are not limited to the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, str eets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but are not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2016-1; as well as local roads within residential subdivisions located within CFD No. 2016-1; and any portions adjacent to the properties within CFD No. 2016-1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of formation. The above services shall be limited to those provided within the boundaries of CFD No. 2016-1 or for the benefit of the properties within the boundaries of CFD No. 2016-1, and said services may be financed by proceeds of the special tax of CFD CC Page 52 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 1 No. 2016-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2016-1 before CFD No. 2016-1 was created. CC Page 53 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 1 EXHIBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2016-1 (MAINTENANCE SERVICES) OF THE CITY OF ATASCADERO A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2016-1 (Maintenance Services) (the “CFD No. 2016-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2016, in an amount determined by the Council, acting ex officio as the legislative body of CFD No. 2016-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2016-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2016-1 including, but not limited to: (i) the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the Administrator or designee thereof or both); (ii) the costs to the City, CFD No. 2016-1, or any designee thereof associated with fulfilling the CFD No. 2016-1 disclosure or mandatory reporting requirements; (iii) the costs associated with responding to public inquiries regarding the Special Tax; (iv) the costs of the City, CFD No. 2016-1 or any designee thereof related to an appeal of the Special Tax; (v) and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2016-1 for any other administrative purposes of CFD No. 2016-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of Atascadero, or his or her designee. “Assessor” means the Assessor of the County “Assessor’s Parcel(s)” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the Assessor “Assessor’s Parcel Map” means an official map of the Assessor designating parcels by Assessor’s Parcel Number. CC Page 54 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 1 “Assessor’s Parcel Number” means that identification number assigned to a parcel by the Assessor. “Boundary Map” means a recorded map of CFD No. 2016-1 which indicates the boundaries of the CFD. “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non- Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “CFD” or “CFD No. 2016-1” means the City of Atascadero Community Facilities District No. 2016-1 (Maintenance Services). “City” means the City of Atascadero. “Council” means the City Council of the City. “County” means the County of San Luis Obispo. “Developed Property” means all Assessor’s Parcels of Taxable Property that (i) are included in a Final Map that was recorded prior to January 1 immediately preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building permit for new construction was issued on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessor’s Parcels designated as being exempt from the Special Tax as provided for in Section F. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of May 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means the Maximum Special Tax, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2016-1. CC Page 55 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 1 “Non-Residential Property” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Developed Property and (ii) Undeveloped Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Undeveloped Property. “Service(s)” means services permitted under the Act including, without limitation, those services authorized to be funded by CFD No. 2016-1 as set forth in the documents adopted by the Council at the time the CFD was formed. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2016-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) Services, (ii) Administrative Expenses, and (iii) amounts to establish and/or maintain a reserve; less (iv) a credit for funds available to reduce the Special Tax levy, if any, as determined by the Administrator. "Taxable Property" means all Assessor’s Parcels within CFD No. 2016-1, which are not Exempt Property. “Taxable Unit” means Building Square Footage or Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property. B. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2016-1 shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATES a. Developed Property Maximum Special Tax Each Fiscal Year, each Assessor’s Parcel of Developed Property shall be subject to a Maximum Special Tax. CC Page 56 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 1 The Fiscal Year 2016-17 Maximum Special Tax for each Assessor’s Parcel of Developed Property is shown in Table 1 below: TABLE 1 FISCAL YEAR 2016-17 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERTY Land Use Category Taxable Unit Maximum Special Tax Non-Residential Property BSF $0.644 b. Undeveloped Property Each Fiscal Year, each Assessor’s Parcel of Undeveloped Property shall be subject to a Maximum Special Tax. The Fiscal Year 2016-17 Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property is shown in Table 2 below: TABLE 2 FISCAL YEAR 2016-17 MAXIMUM SPECIAL TAX RATES UNDEVELOPED PROPERTY Land Use Category Taxable Unit Maximum Special Tax Undeveloped Property Acre $4,707.07 c. Escalation of Maximum Special Taxes On each May 1, commencing on May 1, 2017 the Maximum Special Tax for Developed Property and Undeveloped Property for the subsequent Fiscal Year shall increase by (i) the percentage increase in the San Luis Obispo - Paso Robles Consumer Price Index, All Items (1982-84 = 100) for all Urban Consumers (CPI-U), or (ii) by five percent (5.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX Commencing with Fiscal Year 2016-17 and for each following Fiscal Year, Administrator shall determine the Special Tax Requirement and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement; CC Page 57 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 1 Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property to satisfy the Special Tax Requirement. E. TERM OF SPECIAL TAX The Special Tax(es) shall be levied in perpetuity as long as the Services are being provided. F. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2016-1, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator, and (v) all parcels that are not classified or are not to be classified as Non-Residential Property. G. APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s). The Council may interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses. H. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2016-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. I. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2016-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, each annexation will be assigned a Rate and Method of Apportionment and assigned the appropriate Maximum Special Tax rate for the Annexation. CC Page 58 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 2 ATTACHMENT 2: Draft Resolution B Declaration of Election Results DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2016-1 (MAINTENANCE SERVICES) OF THE CITY OF ATASCADERO, DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council (the “City Council”) of the City of Atascadero (the “City”) has previously undertaken proceedings to establish and did establish a community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district shall hereinafter be referred to as Community Facilities District No. 2016-1 (Maintenance Services) of the City of Atascadero (“CFD No. 2016-1”); and WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of CFD No. 2016-1 propositions relating to the levy of a special tax within CFD No. 2016-1 and the establishment of an appropriations limit for CFD No. 2016-1; and WHEREAS, at this time said election has been held and the measure voted upon and such measure did receive the favorable two-thirds vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero acting as the legislative body of Community Facilities District No. 2016-1 as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby receives and approves the Certificate of Election Official and Statement of Votes Cast (“Certificate and Statement”), as submitted by the City Clerk, acting in her capacity as the election official, said statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of the Certificate and Statement is attached hereto, marked Exhibit “A”, referenced and so incorporated. CC Page 59 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 2 SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in the Certificate and Statement. SECTION 4. This resolution shall become effective upon its adoption. 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: ADOPTED: CITY OF ATASCADERO Tom O’Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM Brian A. Pierik, City Attorney CC Page 60 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 2 EXHIBIT A CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO )ss. CITY OF ATASCADERO ) The undersigned, ELECTION OFFICIAL OF THE CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO. 2016-1 (MAITENANCE SERVICES) SPECIAL ELECTION In such Community Facilities District, held August 09, 2016. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said Community Facilities District, and the whole number of votes cast for the Measures in such Community Facilities District, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. 1. VOTES CAST ON PROPOSITION A: YES ____________ NO ____________ Proposition A Shall the City Council of the City of Atascadero be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit B to the Resolution Declaring its Intention to Establish Community Facilities District No. 2016-1 (Maintenance Services) adopted by the City Council on June 28, 2016 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Proposed Boundary Map Community Facilities District No. 2016-1 (Maintenance Services) City of Atascadero, County of San Luis Obispo” to finance certain services as set forth in Section 5 to the CC Page 61 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 2 Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2016-1 (Maintenance Services) in the amount of special taxes collected? WITNESS my hand this ___________ day of _________________, 2016. CITY CLERK ELECTION OFFICIAL CITY OF ATASCADERO STATE OF CALIFORNIA CC Page 62 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 3 ATTACHMENT 3: Draft Ordinance A Authorizing levy of a special tax DRAFT ORDINANCE A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2016-1 (MAINTENANCE SERVICES) OF THE CITY OF ATASCADERO, AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council (the “City Council”) of the City of Atascadero (the “City”), has undertaken proceedings to establish and has established a community facilities district and conducted an election therein and received a favorable vote from the qualified electors authorizing the levy of special taxes in such community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district is designated as Community Facilities District No. 2016-1 (Maintenance Services) of the City of Atascadero (“CFD No. 2016-1”). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2016-1 HEREBY ORDAINS AS FOLLOWS: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in CFD No. 2016-1 pursuant to the Rate and Method of Apportionment of Special Tax as set forth in Exhibit “A” attached hereto and incorporated herein by this reference (the “Rate and Method”). SECTION 2. This City Council, acting as the legislative body of CFD No. 2016-1, is hereby further authorized, by resolution, to annually determine the special tax to be levied within CFD No. 2016-1 for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rates and Method. SECTION 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however that the City may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes as a different time or in a different manner if necessary to meet its financial obligations. CC Page 63 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 3 SECTION 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 5330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation pursuant to the provisions of California Government Code Section 36933. SECTION 6. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk’s Office on and after the date following introduction and passage and shall be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on ____________, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on ____________, by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO Tom O’Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM Brian A. Pierik, City Attorney CC Page 64 EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2016-1 (MAINTENANCE SERVICES) OF THE CITY OF ATASCADERO A Special Tax (the “Special Tax”) shall be levied on and collected from each A ssessor’s Parcel (defined below) in Community Facilities District No. 2016-1 (Maintenance Services) (the “CFD No. 2016-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2016, in an amount determined by the Council, acting ex officio as the legislative body of CFD No. 2016 -1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2016-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. J. DEFINITIONS “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2016 -1 including, but not limited to: (i) the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the Administrator or designee thereof or both); (ii) the costs to the City, CFD No. 2016 -1, or any designee thereof associated with fulfilling the CFD No. 2016 -1 disclosure or mandatory reporting requirements; (iii) the costs associated with responding to public inquiries regarding the Special Tax; (iv) the costs of the City, CFD No. 2016 -1 or any designee thereof related to an appeal of the Special Tax; (v) and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amo unts estimated or advanced by the City or CFD No. 2016 -1 for any other administrative purposes of CFD No. 2016-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of Atascadero, or his or her designee. “Assessor” means the Assessor of the County CC Page 65 “Assessor’s Parcel(s)” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the Assessor “Assessor’s Parcel Map” means an official map of the Assessor designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that identification number assigned to a parcel by the Assessor. “Boundary Map” means a recorded map of CFD No. 2 016-1 which indicates the boundaries of the CFD. “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “CFD” or “CFD No. 2016-1” means the City of Atascadero Community Facilities District No. 2016-1 (Maintenance Services). “City” means the City of Atascadero. “Council” means the City Council of the City. “County” means the County of San Luis Obispo. “Developed Property” means all Assessor’s Parcels of Taxable Property that (i) are included in a Final Map that was recorded prior to January 1 immediately preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building permit for new construction was issued on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessor’s Parcels designated as being exempt from the Special Tax as provided for in Section F. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, p ursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1 st of any year to and including the following June 30th. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consi stent with the land use CC Page 66 approvals that have been received or proposed for the Assessor’s Parcel as of Ma y 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means the Maximum Special Tax, as determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2016-1. “Non-Residential Property” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non -Residential Property. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Developed Property and (ii) Undeveloped Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Undeveloped Property. “Service(s)” means services permitted under the Act including, without limitation, those services authorized to be funded by CFD No. 2016 -1 as set forth in the documents adopted by the Council at the time the CFD was formed. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs o f CFD No. 2016-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) Services, (ii) Administrative Expenses, and (iii) amounts to establish an d/or maintain a reserve; less (iv) a credit for funds available to reduce the Special Tax levy, if any, as determined by the Administrator. "Taxable Property" means all Assessor’s Parcels within CFD No. 2016 -1, which are not Exempt Property. “Taxable Unit” means Building Square Footage or Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property n ot classified as Developed Property. K. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2016-1 shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. CC Page 67 L. MAXIMUM SPECIAL TAX RATES a. Developed Property Maximum Special Tax Each Fiscal Year, each Assessor’s Parcel of Developed Property shall be subject to a Maximum Special Tax. The Fiscal Year 2016-17 Maximum Special Tax for each Assessor’s Parcel of Developed Property is shown in Table 1 below: TABLE 1 FISCAL YEAR 2016-17 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERTY Land Use Category Taxable Unit Maximum Special Tax Non-Residential Property BSF $0.644 b. Undeveloped Property Each Fiscal Year, each Assessor’s Parcel of Undeveloped Property shall be subject to a Maximum Special Tax. The Fiscal Year 2016-17 Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property is shown in Table 2 below: TABLE 2 FISCAL YEAR 2016-17 MAXIMUM SPECIAL TAX RATES UNDEVELOPED PROPERTY Land Use Category Taxable Unit Maximum Special Tax Undeveloped Property Acre $4,707.07 c. Escalation of Maximum Special Taxes On each May 1, commencing on May 1, 2017 the Maximum Special Tax for Developed Property and Undeveloped Property for the subsequent Fiscal Year shall increase by (i) the percentage increase in the San Luis Obispo - Paso Robles Consumer Price Index, All Items (1982-84 = 100) for all Urban Consumers (CPI-U), or (ii) by five percent (5.0%), whichever is greater. CC Page 68 M. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX Commencing with Fiscal Year 2016-17 and for each following Fiscal Year, Administrator shall determine the Special Tax Requirement and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property to satisfy the Special Tax Requirement. N. TERM OF SPECIAL TAX The Special Tax(es) shall be levied in perpetuity as long as the Services are being provided. O. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2016 -1, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (ii i) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator, and (v) all parcels that are not classified or are not to be classified as Non-Residential Property. P. APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s). The Council may interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses. CC Page 69 Q. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2016 -1 may collect the Special Tax at a different time or in a different manner if n ecessary to meet its financial obligations. R. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2016 -1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, each annexation will be assigned a Rate and Method of Apportionment and assigned the appropriate Maximum Special Tax rate for the Annexation. CC Page 70     ‐                                                 City of Comm (Main Prepared August 2 f Atasc munity ntenan d for: 2016 cadero y Facil nce Se ities D ervices C Distric s) Commu ct No. 2 unity Fa 2016- acilities 1 www.we s Distric ebbassociates.c ct Repo com rt ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 71 Table of Contents Sections  Section 1. Introduction _______________________________________________________ 1  Section 2. Description of Services _______________________ Error! Bookmark not defined.  Section 3. Cost Estimate ______________________________________________________ 3  Section 4. Proposed Development ______________________________________________ 4  Section 5. Rate and Method of Apportionment ____________________________________ 5    Tables Table 3‐1. Cost Estimate ______________________________________________________ 3    Appendices  Appendix A. Rate and Method of Apportionment  Appendix B. Boundary Map             ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 72 1. Introduction City of Atascadero Community Facilities District Report Community Facilities District No. 2016-1 (Maintenance Services) 1 AGENCY: CITY OF ATASCADERO    PROJECT: COMMUNITY FACILITIES DISTRICT NO. 2016‐1   (MAINTENANCE SERVICES)    TO: CITY COUNCIL   CITY OF ATASCADERO   SAN LUIS OBISPO COUNTY   STATE OF CALIFORNIA     Whereas, the City Council of CITY OF ATASCADERO, SAN LUIS OBISPO COUNTY, CALIFORNIA (hereinafter  referred to as the “City Council”), did, pursuant to the provisions of the “Mello‐Roos Community Facilities Act of  1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and  specifically Section 53321.5 thereof, (the “Act”) ordered the filing of a written Public Report (the “Report”) with  the City Council for a proposed Community Facilities District. This Community Facilities District shall be referred  to as COMMUNITY FACILITIES DISTRICT NO. 2016‐1 (MAINTENANCE SERVICES) of the CITY OF ATASCADERO  (hereinafter referred to as the “District” and “CFD No. 2016‐1”); and,    Whereas, on June 28, 2016, the City Council adopted Resolution No. 2016‐069 (the “Resolution”), and the  Resolution ordering said Report, did direct that said Report generally contain the following:     A brief description of the authorized services by type proposed to be financed by CFD No. 2016‐1;   An estimate setting forth costs of providing such maintenance services;  NOW, THEREFORE, the undersigned, authorized representative of ALBERT A. WEBB ASSOCIATES, the appointed  Special Tax Consultant and responsible officer or person directed to prepare the Report, pursuant to the  provisions of the Act, does hereby submit the following data:          ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 73 2. Description of Services City of Atascadero Community Facilities District Report Community Facilities District No. 2016-1 (Maintenance Services) 2 The services which may be funded with proceeds of the special tax of CFD No. 2016‐1, shall consist of services  permitted by the Mello‐Roos Community Facilities Act of 1982, and may include, but shall not be limited to all  costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include  reserves for replacement) in public street right‐of‐ways, public landscaping, public open spaces and other similar  landscaped areas officially dedicated for public use.  These services include, but are not limited to the following:  (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and  lighting services may include, without limitation, furnishing of electrical power to street lights; repair and  replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation  and replacement) of  landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open  space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and  maintenance and repair of public structures situated on parks, parkways, streets, roads and open space;  maintenance and repair of playground or recreation program equipment or facilities situated on any park; and  (b) maintenance and operation of water quality improvements which include storm drainage and flood  protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood  control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to  the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters  within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from  water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to  improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin  improvements within flood control channel improvements; and  (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2016‐1; as  well as local roads within residential subdivisions located within CFD No. 2016‐1; and any portions adjacent to  the properties within CFD No. 2016‐1; and  In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be  expended to pay Administrative Expenses.  The above services shall be limited to those provided within the boundaries of CFD No. 2016‐1 or for the benefit  of the properties within the boundaries of CFD No. 2016‐1, and said services may be financed by proceeds of the  special tax of CFD No. 2016‐1 only to the extent that they are in addition to those provided in the territory of  CFD No. 2016‐1 before CFD No. 2016‐1 was created.   It is my opinion that the above described services are those that are necessary to meet increased demands  placed upon the City of Atascadero as a result of development occurring within the CFD No. 2016‐1.      DATED _August 9, 2016  ALBERT A WEBB ASSOCIATES        By: _______________________________  SPECIAL TAX CONSULTANT FOR  CITY OF ATASCADERO  SAN LUIS OBISPO COUNTY    STATE OF CALIFORNIA      ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 74 3. Cost Estimate City of Atascadero Community Facilities District Report Community Facilities District No. 2016-1 (Maintenance Services) 3 1. The cost estimate, including incidental expenses, to be financed through the Special Tax of CFD No. 2016‐1  Bonds is estimated to be $89,891.76 based upon current dollars (2016‐17) which is subject to escalation;  2. The estimated annual cost of providing maintenance services at build‐out for the subject properties are  detailed below.  The maintenance services funded by the special taxes of the Community Facilities District  No. 2016‐1 (Maintenance Services), as outlined above, will be as follows:    Table 3‐1  Cost Estimate  Item Description Estimated Cost  1 Landscaping Costs $34,207.00  2 Street lighting Costs $6,000.00  3 Street Maintenance Costs $1,500.40  4 Drainage Costs $2,865.00  5 Water Use Costs $651.47  6 Sidewalks Maintenance Costs $5,000.00  7 Graffiti Abatement Costs $1,500.00  8 Replacement Reserve Costs $12,305.95  9 Administration and Contingency Costs $25,861.94  Total  $89,891.76    DATED _August 9, 2016 ALBERT A WEBB ASSOCIATES        By: _______________________________  SPECIAL TAX CONSULTANT FOR  CITY OF ATASCADERO  SAN LUIS OBISPO COUNTY    STATE OF CALIFORNIA ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 75 4. Proposed Development City of Atascadero Community Facilities District Report Community Facilities District No. 2016-1 (Maintenance Services) 4 CFD No. 2016‐1 is intended to be comprised of one or more commercial projects which is planned to include the  development of a Walmart store, two commercial out lots  and associated infrastructure on approximately 20  net acres. The tract is located east of El Camino Real and south of Del Rio Road, within the City of Atascadero,  California. The development of the property within the Boundaries of CFD No. 2016‐1 may change based upon  land ownership in the future.   As of Fiscal Year 2016‐17, the proposed District boundaries include the following Assessor’s Parcel Numbers:  049‐112‐002, POR 049‐112‐018, POR 049‐112‐019, POR 049‐112‐022, 049‐112‐036, 049‐112‐039, POR 049‐151‐ 005, POR 049‐151‐036, POR 049‐151‐037, 049‐151‐040, and POR 049‐151‐041.  The Boundary Map for CFD No. 2016‐1 is attached hereto as Appendix B.    ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 76 5. Rate and Method of Apportionment City of Atascadero Community Facilities District Report Community Facilities District No. 2016-1 (Maintenance Services) 5 1. The Rate and Method of Apportionment allows each property owner within CFD No. 2016‐1 to estimate the  annual Special Tax amount that would be required for payment. The Rate and Method of Apportionment of  the Special Tax established pursuant to these proceedings, is attached hereto as Appendix A (the “Rate and  Method”).  The Special Tax will be collected in the same manner and at the same time as ordinary ad  valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority  in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, and  may collect Special Taxes at a different time or in a different manner if necessary to meet the financial  obligations.   2. All of the property located within CFD No. 2016‐1, unless exempted by law or by the Rate and Method  proposed for CFD No. 2016‐1, shall be taxed for the purpose of providing necessary services to serve the  District. The Boundary Map for CFD No. 2016‐1 is attached hereto as Appendix B. Pursuant to Section  53325.3 of the Act, the tax imposed “is a Special Tax and not a special assessment, and there is no  requirement that the tax be apportioned on the basis of benefit to any property.”  The Special Tax may be  based on the benefit received by property, the cost of making authorized Services available or other  reasonable basis as determined by the City Council, although the Special Tax may not be apportioned on an  ad valorem basis pursuant to Article XIIIA of the California Constitution.   3. For particulars as to the Rate and Method for CFD No. 2016‐1, see the attached and incorporated Appendix  A.    It is my opinion that the Rate and Method, as described above and set forth in Appendix A is fair and reasonable.    This Report has been prepared and consolidated by the Special Tax Consultant, Albert A. Webb Associates, and  is herewith submitted to the City Council pursuant to the applicable provisions of the Mello‐Roos Community  Facilities Act of 1982.      DATED _August 9, 2016 ALBERT A WEBB ASSOCIATES        By: _______________________________  SPECIAL TAX CONSULTANT FOR  CITY OF ATASCADERO  SAN LUIS OBISPO COUNTY    STATE OF CALIFORNIA  ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 77                             Rate and Method o APPEN f Apportio NDIX A onment ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 78 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2016-1 (MAINTENANCE SERVICES) OF THE CITY OF ATASCADERO A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2016-1 (Maintenance Services) (the “CFD No. 2016-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2016, in an amount determined by the Council, acting ex officio as the legislative body of CFD No. 2016-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2016-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2016-1 including, but not limited to: (i) the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the Administrator or designee thereof or both); (ii) the costs to the City, CFD No. 2016-1, or any designee thereof associated with fulfilling the CFD No. 2016-1 disclosure or mandatory reporting requirements; (iii) the costs associated with responding to public inquiries regarding the Special Tax; (iv) the costs of the City, CFD No. 2016-1 or any designee thereof related to an appeal of the Special Tax; (v) and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2016-1 for any other administrative purposes of CFD No. 2016-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of Atascadero, or his or her designee. “Assessor” means the Assessor of the County “Assessor’s Parcel(s)” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the Assessor “Assessor’s Parcel Map” means an official map of the Assessor designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that identification number assigned to a parcel by the Assessor. ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 79 “Boundary Map” means a recorded map of CFD No. 2016-1 which indicates the boundaries of the CFD. “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “CFD” or “CFD No. 2016-1” means the City of Atascadero Community Facilities District No. 2016-1 (Maintenance Services). “City” means the City of Atascadero. “Council” means the City Council of the City. “County” means the County of San Luis Obispo. “Developed Property” means all Assessor’s Parcels of Taxable Property that (i) are included in a Final Map that was recorded prior to January 1 immediately preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building permit for new construction was issued on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessor’s Parcels designated as being exempt from the Special Tax as provided for in Section F. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of May 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means the Maximum Special Tax, as determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2016-1. “Non-Residential Property” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Developed Property and (ii) Undeveloped Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Undeveloped Property. ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 80 “Service(s)” means services permitted under the Act including, without limitation, those services authorized to be funded by CFD No. 2016-1 as set forth in the documents adopted by the Council at the time the CFD was formed. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2016-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) Services, (ii) Administrative Expenses, and (iii) amounts to establish and/or maintain a reserve; less (iv) a credit for funds available to reduce the Special Tax levy, if any, as determined by the Administrator. "Taxable Property" means all Assessor’s Parcels within CFD No. 2016-1, which are not Exempt Property. “Taxable Unit” means Building Square Footage or Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property. B. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2016-1 shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATES a. Developed Property Maximum Special Tax Each Fiscal Year, each Assessor’s Parcel of Developed Property shall be subject to a Maximum Special Tax. The Fiscal Year 2016-17 Maximum Special Tax for each Assessor’s Parcel of Developed Property is shown in Table 1 below: ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 81 TABLE 1 FISCAL YEAR 2016-17 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERTY Land Use Category Taxable Unit Maximum Special Tax Non-Residential Property BSF $0.644 b. Undeveloped Property Each Fiscal Year, each Assessor’s Parcel of Undeveloped Property shall be subject to a Maximum Special Tax. The Fiscal Year 2016-17 Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property is shown in Table 2 below: TABLE 2 FISCAL YEAR 2016-17 MAXIMUM SPECIAL TAX RATES UNDEVELOPED PROPERTY Land Use Category Taxable Unit Maximum Special Tax Undeveloped Property Acre $4,707.07 c. Escalation of Maximum Special Taxes On each May 1, commencing on May 1, 2017 the Maximum Special Tax for Developed Property and Undeveloped Property for the subsequent Fiscal Year shall increase by (i) the percentage increase in the San Luis Obispo - Paso Robles Consumer Price Index, All Items (1982-84 = 100) for all Urban Consumers (CPI-U), or (ii) by five percent (5.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX Commencing with Fiscal Year 2016-17 and for each following Fiscal Year, Administrator shall determine the Special Tax Requirement and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property to satisfy the Special Tax Requirement. ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 82 E. TERM OF SPECIAL TAX The Special Tax(es) shall be levied in perpetuity as long as the Services are being provided. F. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2016-1, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator, and (v) all parcels that are not classified or are not to be classified as Non-Residential Property. G. APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s). The Council may interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses. H. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2016-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. I. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2016-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, each annexation will be assigned a Rate and Method of Apportionment and assigned the appropriate Maximum Special Tax rate for the Annexation. ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 83         APPEN Boundar NDIX B ry Map ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 84 ITEM NUMBER: B-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 85 ITEM NUMBER: B-2 DATE: 08/09/16 Atascadero City Council Staff Report – Fire Department Confirming the Cost of Vegetative Growth and/or Refuse Abatement RECOMMENDATION: Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. DISCUSSION: On April 12, 2016 Council adopted Resolution No. 2016-016 declaring vegetative growth and/or refuse a public nuisance, and authorized the Fire Chief to proceed wit h the abatement process. On April 25, 2016 notices were mailed to property owners, informing them of the City’s abatement requirements. A total of 27 parcels were abated by the City this year. This low number is a result of the Fire Department’s consistent efforts to educate the public on the importance of weed abatement compliance. Our goal is to have zero parcels needing the City’s mowing services. A review of the table below shows the results of our efforts over the last five years: Year Number of Parcels Abated by the City 2012 56 2013 39 2014 38 2015 27 2016 27 An itemized list of the abatement assessments were, by fiscal year, posted with the City Clerk and at the Fire Department, Station #1 on April 15, 2016. On May 10, 2016 a public hearing was held to hear objections to the vegetative growth & refuse abatement. CC Page 86 ITEM NUMBER: B-2 DATE: 08/09/16 FISCAL IMPACT: The City will receive $64,734.23 from the 2016/2017 property tax rolls in weed abatement / refuse abatement assessments. ATTACHMENTS: 1. Draft Resolution 2. Abatement Assessments FY 15/16 3. Abatement Assessments FY 16/17 CC Page 87 ITEM NUMBER: B-2 DATE: 08/09/16 ATTACHMENT: 1 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CONFIRMING THE COST OF VEGETATIVE GROWTH/REFUSE ABATEMENT WHEREAS, the Government Code of the State of California, Section 39500, et seq., provides that cities may declare vegetative growth (weeds) and refuse (rubbish) a public nuisance for the purpose of vegetative growth (weeds) and refuse (rubbish) abatement; and WHEREAS, the Atascadero City Fire Department did abate said nuisances within the provision of the Government Code, Section 39500, et seq.; and WHEREAS, the cost of the work of abatement, including a 150% administrative fee, as shown on the Preliminary Special Tax Listing for 2015/2016 Tax Roll was submitted in accordance with Government Code Section 39574; and WHEREAS, the Council of the City of Atascadero received the cost report and held a hearing to receive objections of any property owners liable to be assessed for the work of abatement. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. That the report of abatement costs is confirmed as presented; and SECTION 2. That the costs of abatement constitutes a special assessment against the described parcels and shall be a lien on the property in accordance with Government Code Section 39577; and SECTION 3. That the City Clerk is hereby directed to transmit to the proper officials of the County, a certified copy of the report for filing. CC Page 88 ITEM NUMBER: B-2 DATE: 08/09/16 ATTACHMENT: 1 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: ADOPTED: CITY OF ATASCADERO By: Tom O’Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney CC Page 89 ABATEMENT ASSESSMENTS CITY FY 2015/2016 CO TAX ROLL 2016/2017 Date of Abatement APN Contractor Cost Admin Fee Total Cost of Abatement County Fee Total Assessment Book 30 06/24/2016 030-282-003 799.57$ 1,199.36$ 1,998.93$ 2.00$ 2,000.93$ 06/25/2016 030-282-024 861.07$ 1,291.61$ 2,152.68$ 2.00$ 2,154.68$ Total (Book 30)1,660.64$ 2,490.97$ 4,151.61$ 4.00$ 4,155.61$ Book 31 06/27/2016 031-161-038 430.54$ 645.81$ 1,076.35$ 2.00$ 1,078.35$ 06/21/2016 031-161-044 246.02$ 369.03$ 615.05$ 2.00$ 617.05$ 06/21/2016 031-161-045 246.02$ 369.03$ 615.05$ 2.00$ 617.05$ 06/22/2016 031-161-046 184.52$ 276.78$ 461.30$ 2.00$ 463.30$ 06/22/2016 031-161-047 184.52$ 276.78$ 461.30$ 2.00$ 463.30$ 06/22/2016 031-161-048 307.53$ 461.30$ 768.83$ 2.00$ 770.83$ 06/22/2016 031-161-049 307.53$ 461.30$ 768.83$ 2.00$ 770.83$ 06/23/2016 031-161-050 184.52$ 276.78$ 461.30$ 2.00$ 463.30$ 06/23/2016 031-161-051 184.52$ 276.78$ 461.30$ 2.00$ 463.30$ Total (Book 31)2,275.72$ 3,413.58$ 5,689.30$ 18.00$ 5,707.30$ Book 45 06/13/2016 045-401-003 2,952.24$ 4,428.36$ 7,380.60$ 2.00$ 7,382.60$ 06/09/2016 045-401-004 2,460.20$ 3,690.30$ 6,150.50$ 2.00$ 6,152.50$ Total (Book 45)5,412.44$ 8,118.66$ 13,531.10$ 4.00$ 13,535.10$ Book 50 06/15/2016 050-081-001 1,291.61$ 1,937.42$ 3,229.03$ 2.00$ 3,231.03$ 06/16/2016 050-362-006 3,075.25$ 4,612.88$ 7,688.13$ 2.00$ 7,690.13$ -$ -$ Total (Book 50)4,366.86$ 6,550.29$ 10,917.15$ 4.00$ 10,921.15$ Grand Total 13,715.66$ 20,573.50$ 34,289.16$ 30.00$ 34,319.16$ ITEM NUMBER: B-2 DATE: 08/09/16 ATTACHMENT: 2 CC Page 90 ABATEMENT ASSESSMENTS CITY FY 2016/2017 CO TAX ROLL 2016/2017 Date of Contractor Admin Total Cost of County Total Abatement APN Cost Fee Abatement Fee Assessment Book 28 07/20/16 028-271-013 $ 61.51 $ 92.27 $ 153.78 $ 2.00 $ 155.78 07/01/16 028-292-013 $ 799.57 $ 1,199.36 $ 1,998.93 $ 2.00 $ 2,000.93 $ - $ - Total (Book 28) $ 861.08 $ 1,291.62 $ 2,152.70 $ 4.00 $ 2,156.70 Book 29 07/01/2016 029-331-003 $ 1,537.63 $ 2,306.45 $ 3,844.08 $ 2.00 $ 3,846.08 Total (Book 29) $ 1,537.63 $ 2,306.45 $ 3,844.08 $ 2.00 $ 3,846.08 Book 30 07/11/2016 030-111-024 $ 1,783.65 $ 2,675.48 $ 4,459.13 $ 2.00 $ 4,461.13 07/13/2016 030-332-002 $ 1,168.60 $ 1,752.90 $ 2,921.50 $ 2.00 $ 2,923.50 07/13/2016 030-491-001 $ 307.53 $ 461.30 $ 768.83 $ 2.00 $ 770.83 07/12/2016 030-511-001 $ 307.53 $ 461.30 $ 768.83 $ 2.00 $ 770.83 Total (Book 30) $ 3,567.31 $ 5,350.97 $ 8,918.28 $ 8.00 $ 8,926.28 Book 31 07/09/2016 031-121-001 $ 1,230.10 $ 1,845.15 $ 3,075.25 $ 2.00 $ 3,077.25 Total (Book 31) $ 1,230.10 $ 1,845.15 $ 3,075.25 $ 2.00 $ 3,077.25 Book 49 07/14/2016 049-281-005 $ 2,706.22 $ 4,059.33 $ 6,765.55 $ 2.00 $ 6,767.55 $ - $ - Total (Book 49) $ 2,706.22 $ 4,059.33 $ 6,765.55 $ 2.00 $ 6,767.55 Book 50 07/07/2016 050-241-006 $ 1,476.12 $ 2,214.18 $ 3,690.30 $ 2.00 $ 3,692.30 07/18/2016 050-091-021 $ 246.02 $ 369.03 $ 615.05 $ 2.00 $ 617.05 07/18/2016 050-042-002 $ 553.55 $ 830.33 $ 1,383.88 $ 2.00 $ 1,385.88 $ - $ - Total (Book 50) $ 2,275.69 $ 3,413.54 $ 5,689.23 $ 6.00 $ 5,695.23 Grand Total $12,178.03 $18,267.05 $ 30,445.08 $ 24.00 $ 30,469.08 ITEM NUMBER: B-2 DATE: 08/09/16 ATTACHMENT: 3 CC Page 91 ITEM NUMBER: C-1 DATE: 08/09/16 Atascadero City Council Staff Report - Community Development Department Economic Development Commercial District Appearance 2015-2016 Signage Clean-up Strategy – Update and Direction RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A, amending certain fees in the Schedule of Fees and Charges for City Services specifically related to commercial sign permits; and 2. Direct Staff on proposed signage ordinance revisions based on input from City Council, business community, and signage companies. DISCUSSION: Background: As part of the City Council’s 2014 Strategic Planning process, the Council discussed the appearance of the City’s commercial district along El Camino Real and Morro Road. At the February 11, 2014, City Council meeting, the Council agreed that the appearance of the commercial district along El Camino Real needed to be improved and that temporary and un-permitted signs were a concern. In the fall of 2014, the City along with the Chamber of Commerce completed a business walk and business appearance outreach meeting. At this meeting, marketing strategies through signage were discussed, as well as information gathered from the business walk. Based on feedback from local businesses, momentum to clean up the commercial corridor began to build. In January 2015, the City Council reviewed a management report and approved the following action items to address concerns regarding the appearance of the City’s commercial district (El Camino Real / Morro Road):  Reduction of building permit fees for commercial sign permits to $50 (90% reduction in fees);  Creation of an online submittal process for commercial signage; CC Page 92 ITEM NUMBER: C-1 DATE: 08/09/16  Creation of a partnership between City Staff and the Chamber of Commerce to assist businesses in understanding the City’s signage rules and regulations;  Proactive enforcement of the City’s signage ordinance with an emphasis on elimination of temporary signage, including banner signs, A-frame signs, feather flag signs, and other signage prohibited in the City’s sign ordinance. At the January 2015 meeting, City Council members expressed a desire that staff plan for “consultation and education” of local businesses in this effort. Based on the feedback and comments from the City Council, staff revised the approach that mirrored the successful business walk efforts. The following strategies were developed that reflected this consultation and education approach that the City Council had mentioned in their comments:  Creating a positive business friendly approach and brand ing signage clean-up as “Improve Atascadero Signage Campaign” and create an easy to use webpage to disseminate information;  City Staff provide outreach with local media to discuss the signage campaign and help promote signage clean-up of the corridor;  Rather than mail out notices, City Staff would walk the City ’s business corridor and hand out letters, listen to business owners, and help discuss the signage ordinance;  Create easy to use handouts that both City Staff and the Chamber of Commerce can provide to existing and future business owners;  Track and log business that had sign violations and follow-up with additional business visits or phone calls;  Provide a signage symposium in conjunction with the Atascadero Chamber of Commerce to discuss City signage regulations and ways businesses can promote themselves;  Commend businesses that have come into compliance by providing them recognition through a certificate and recognition on the City’s website. As the campaign rolled out, staff visited businesses over a two week span. Initial follow- up visits have been on-going since the campaign began in spring of 2015. Business visits and subsequent follows ups have been time consuming, yet yielded positive results as the amount of temporary signage such as banner signs, A-frame signs, feather flags and other illegal signage has been reduced substantially. Staff continues to reach out to businesses regarding signage. On July 1, 2016, staff visited over 30 businesses and asked for the removal of approximately 35 temporary signs that were found to be inconsistent with the City's Sign regulations. The site visits utilized a positive approach in an attempt to assist businesses with better signage while helping them understand the Citywide goal of a professional image. Signage and Administrative Use Permit (AUP) Fee reductions In 2014, the City issued a total of 15 signage permits and one (1) AUP for sign code exceptions prior to the commencement of the reduced building permit and AUP fee for CC Page 93 ITEM NUMBER: C-1 DATE: 08/09/16 signage. In the 18 months since the signage program began, building permits for signage has increased by 300%, with a total of 43 permits that were issued for permanent signage on buildings. Additionally, City Staff processed a total of 11 AUP applications for sign code exceptions requested by business owners and sign companies for their clients, with all 11 requests approved through Staff and the City’s Design Review Committee (DRC) with some minor modifications, where required. The use of the AUP process has substantially increased workloads as staff work with businesses on creative solutions around the City’s existing sign ordinance. This additional work has highlighted the need for specific amendments to the City's Sign code. The fee reduction program is set to expire August 31, 2016. This program, coupled with the more hands on approach has led to a clean-up of temporary signage around the City, specifically in trouble spots along El Camino Real. Staff is requesting that the City Council extend this program which includes the following:  Extend the flat $50 signage building permit fee until February 1, 2018; and  Extend the flat AUP fee for signage of $100 until February 1, 2018. The fee reduction has been a positive program that has been shown to be a catalyst for a business to upgrade signage, or new business to take advantage of permanent signage including:  McGee's  Kochi Korean BBQ  Smart and Final  Side Street Alehouse  Alle-Pia Fine Cured meats  Scotty’s BBQ Atascadero Sign Ordinance Proposed Revisions Based on the outreach effort of the signage campaign, businesses are utilizing temporary signage due to many factors including but not limited:  Poor business visibility from major roads such as El Camino Real  Cost of permanent signage versus temporary signage  Confusion on what types of signs are allowed on properties  Inability to work with property owners to upgrade existing signage  Limitations of the City’s code to allow adequate signs for multi-tenant centers on deep lots CC Page 94 ITEM NUMBER: C-1 DATE: 08/09/16 This is a great a concern shared by the City Council, business owners, and City Staff. This is especially true for businesses located in older shopping centers that lack sufficient signage by today’s standards. This has been highlighted by not only the business visits that City Staff has performed, but also the number of exceptions applied for requesting larger signage than what is currently allowed. Additionally, new court cases, specifically the 2015 Supreme Court Case, Reed v. Town of Gilbert (Attachment 1) continue to redefine how municipalities can regulate signage. This 2015 case restricted local jurisdictions from regulating signs based on content. For example, we can no longer specifically regulate real-estate or political signs based on their content. Instead, we can regulate size, placement, and design based on zoning. We can also prescribe specific time limits and design criteria for temporary vs. permanent signs. Sign Ordinances are limited to the following criteria:  Time – The length of time a sign can be placed  Place – Location and of signage  Manner – How signs can be utilized, including heights and sizes Over the last 10 years, court cases have solidified a final criteria: content neutrality. Content neutrality ensures the same rights that commercial messages have versus non - commercial messages (Attachment 1). Staff is recommending that the City Council provide direction on proposed sign ordinance revisions based on the following objectives which can be found in Attachment 2:  Revision to exempt signage to ensure content neutrality between commercial and non-commercial messages.  Revision to the allowed signs section to allow for additional signage based on size of a building rather than an arbitrary limit.  Addition of new signage types, specifically allowing for multi -tenant signage for commercial centers with more than two-tenants and other types of signage for additional options that do not require an administrative use permit for both permanent and temporary signage.  Clarification of the type of prohibited signs to include feather flags, ve hicle mounted signs and other temporary signs. Based on business feedback staff is recommending a re-organization of the signage ordinance for enhanced clarity and legibility. While the majority of the signage ordinance still functions, a simple re-organization will go a long way to help staff interpret and create an easy to use sign ordinance. Similar to the land use description work effort, staff is proposing a signage handbook that is heavy in graphics and tables to convey the message of the sign ordinance that is easy for new and existing business owners and key stakeholders to utilize. These changes to the ordinance are intended to provide clarity and certainty to business owners, thereby reducing perceived red-tape. CC Page 95 ITEM NUMBER: C-1 DATE: 08/09/16 Conclusion: Temporary signs used as a permanent sign send a negative message about the permanence and quality of a business and the overall business district. In 2014 and 2015 the City invested significant time and resources in laying the groundwork for an effort to improve the appearance of El Camino Real . By taking a greater “business owners first” approach, the campaign has been a successful one so far. With the reduced signage fees set to revert back to their previous rate, staff is recommending continuing with the reduced signage fees to continue to encourage applicants to install permanent, quality signs, instead of A-frames, banners and feather flags and replacement of aging existing signage. Staff is recommending the following amendments to the Sign ordinance in an effort to support existing and new business while staying current with sign trends and recent case law. 1. Reorganization of code to clarify sign types, exempt signs, prohibited signs, and a chart for signs allowed in each zone. 2. Creation of a sign handbook for public distribution that inclu des graphic images of good examples of each sign type and images of prohibited signs. 3. Addition of new signs types such as “freestanding signs”, and “Multi- Tenant Signs” to expand the size and type of signs that may be utilized for small commercial centers with multiple tenants. Currently multi- tenant centers are only allowed to have monument and wall signs. This definition would allow a freestanding or pylon type sign of up to 12 feet in height with up to 100 square feet of sign area. Currently, tenant signs not on a building can only be monument signs with 60 feet of sign area up to 10 feet in height unless a use permit is approved. 4. Elimination of 40 square foot size limit for wall signs instead tying size to building size. 5. Allow awning signs and projecting signs in areas other than just downtown. 6. Clarify size and design of monument signs to emphasize use of pylon signs and freestanding signs for centers with multiple tenants, reducing need for sign exceptions. 7. Clarification to remove descriptions of sign content for signs such as political signs and real-estate signs, instead placing these in a temporary sign category. Attachment 2 provides an overview of the proposed sign ordinance amendments along with notes, while Attachment 3 provides a version of the amendments in track changes. A final version of the amendments will be created following City Council feedback. CC Page 96 ITEM NUMBER: C-1 DATE: 08/09/16 FISCAL IMPACT: The proposed continuation of the sign clean -up program, specifically the reduction in building permit sign fees and AUP fees will reduce permitting revenues and increase staff workloads. During the current sign clean-up campaign $17,200 ($450 average permit fee) in revenue has been lost. Approximately $5,656 of revenue has been lost in AUP fees. Additionally, extensive staff time has been devoted to the sign campaign in the form of on-site discussions with business owners, preparation of letters and notices, and handling of inquires. Approximately 400 hours of staff time were devoted to this effort. However, the long term financial benefit of improving the commercial district and making it more competitive with surrounding communities is expected to result in a long term financial benefit to the City. The City has seen positive results in its outrea ch campaign and will continue with this business friendly approach. ALTERNATIVES: 1. The City Council may adjust, add, or remove any of the proposed measures. 2. The City Council may refer the item back to staff for additional analysis. 3. The City Council may decide to take no action. ATTACHMENTS: 1. Draft Resolution A 2. Proposed Chapter 15 Signage Ordinance Revisions Notes 3. Proposed Chapter 15 sign ordinance in track changes 4. Proposed Signage Ordinance Handbook 5. Reed v. Town of Gilbert Signage Handout CC Page 97 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT 1: Draft Resolution A – Proposed Signage Fee Reduction PLN 2016-1608 – Sign Ordinance Revisions DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING CERTAIN FEES IN THE SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES, SPECIFICALLY RELATED TO COMMERCIAL SIGN PERMITS WHEREAS, the City of Atascadero, in partnership with the Atascadero Chamber of Commerce and the City’s business community, was interested in a program to improve the appearance of commercial signage along El Camino Real; and WHEREAS, the City, in partnership with the Atascadero Chamber of Commerce, has conducted an extensive business outreach to all El Camino Real businesses in Atascadero; and WHEREAS, the City, in partnership with the Atascadero Chamber of Commerce, has conducted sign company outreach meetings to discuss permitting issues; and WHEREAS, the City, in partnership with the Atascadero Chamber of Commerce held a business appearance workshop with a presentation by Pierre Rademaker on business appearance and signage; and WHEREAS, the City and the Atascadero Chamber of Commerce aspire to maintain a positive, business-friendly approach to improving the appearance of commercial signage along El Camino Real; and WHEREAS, a fee reduction for building permits for commercial sign permits for an additional period of 18 months will continue to promote the installation of quality permanent business signs; and WHEREAS, a reduction of the Administrative Use Permit fee for commercial sign permits for an additional period of 18 months will provide an opportunity for business owners seeking necessary sign exceptions; and WHEREAS, the City Council has previously adopted Resolution No. 2016-046 setting forth such fees, and desires to amend that resolution, without rescinding said adoption, with certain fees as detailed in Exhibit A; and WHEREAS, the amount of the Fees do not exceed the true cost of providing the services; and, WHEREAS, the decrease to the amount of the fees is not a “project” subject to the California Environmental Quality Act because it is a funding mechanism having no physical CC Page 98 ITEM NUMBER: C-1 DATE: 08/09/16 effect on the environment. 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. Establishment of the Temporary Fees. The temporary reduced fees are hereby established in the amounts and time periods detailed in Exhibit A. SECTION 3. Collection of the Fees. The fees levied pursuant to this resolution shall be paid to the City either at the time the service is requested or required or shall, in certain cases, be advanced to the City in the form of an advance deposit. SECTION 4. Constitutionality. If any portion of this Resolution is declared invalid or unconstitutional then it is the intention of the City Council to have passed the entire Resolution and all its component parts, and all other sections of this Resolution shall remain in full force and effect. SECTION 5. Repealer. All resolutions and other actions of the City Council in conflict with the contents of this Resolution are hereby repealed. 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: ADOPTED: CITY OF ATASCADERO ________________________________ Tom O’Malley, Mayor ATTEST: ________________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ________________________________ Brian A. Pierik, City Attorney CC Page 99 Ref #Fee Name Previously Adopted Fees Proposed Fee Change in fees 14-001 SIGNAGE ADMINISTRATIVE USE PERMIT REVIEW $690 per application $100 per application for period September 1, 2016 - February 28, 2018 $590 per application temporary reduction during the period September 1, 2016 - February 28, 2018. Cost will revert to $690 per application on March 1, 2018. 14-041D EXPRESS SIGN PERMIT $467 per permit + 2.85% for document imaging $50 per permit for period September 1, 2016 - February 28, 2018 $417 + document imaging fee per permit reduction during the period September 1, 2016 - February 28, 2018. Cost will revert to $467 per permit + 2.85% document imaging on March 1, 2018. Proposed Effective date September 1, 2016 COMMUNITY DEVELOPMENT EXHIBIT A DRAFT FEE SCHEDULE ITEM NUMBER: C-1DATE: 08/09/16ATTACHMENT: 1EXHIBIT: ACC Page 100 Chapter 15 SIGNS Sections: 9-15.001 Title and intent. 9-15.002 Definitions. 9-15.003 Applicability. 9-15.004 Sign design standards. 9-15.005 Allowed signs. 9-15.006 Exceptions to sign standards. 9-15.007 Sign construction standards. 9-15.008 Sign maintenance. 9-15.009 Sign permit application package. 9-15.010 Legal nonconforming signs. 9-15.011 Code enforcement. 9-15.012.1 Private placement on right-of-way. 9-15.012.2 Sign area. 9-15.012.3 Height. 9-15.012.4 Posting on structures. 9-15.013 Private placement. 9-15.001 Title and intent. This chapter shall be known and cited as the Sign Ordinance of the City of Atascadero. This chapter is based on the City’s responsibility to protect the general public’s health, safety and welfare. The spirit of this chapter is based on the City’s desire to protect the economy and aesthetics of the community. The City finds that it is in the interest of both aesthetics and traffic safety that sign information be kept to a minimum. The purpose of this chapter is to establish sign regulations that are intended to: (a) Maintain and improve the aesthetic environ ment and overall community appearance to foster the City’s ability to attract sources of economic development and growth; (b) Encourage the effective use of signs as a means of communication in the City and reduce possible traffic and safety hazards from confusing or distracting signs; (c) Implement quality sign design standards that are consistent with the City’s General Plan, Zoning Ordinance and Appearance Review Guidelines; (d) Enable fair and consistent enforcement of these sign regulations; (e) Minimize possible adverse impacts of signs on private and public property in order to maintain property values and to maintain a positive City image; (f) Enhance traffic safety by ensuring that signage does not distract, obstruct or otherwise impede traffic circulation and to safeguard and preserve the health, property, and public welfare of Atascadero residents through prohibiting, regulating, and controlling the density, location, and maintenance of signs; (g) Permit noncommercial signage wherever other s ignage is permitted within Chapter 9-15 subject to the same standards and total maximum allowances for a site of each sign type specified in this chapter. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) Proposed Outline of Revised Signage Ordinance: 9-15.001 Title 9-15.002 Intent 9-15.003 Permits Required 9-15.004 Exempt Signs 9-15.005 Sign Design Standards 9-15.006 Allowed Signage 9-15.007 Design Exceptions 9-15.008 Non-Conforming Signs 9-15.009 Code Enforcement 9-15.010 Substitution Clause 9-15.011 Severability Clause 9-15.012 Definitions ATTACHMENT 2: Proposed Chapter 15 Sign Ordinance Revisions Notes PLN 2016-1608 Sign Ordinance Revisions ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 2 CC Page 101 9-15.002 Definitions. For the purposes of this chapter, the following definitions shall apply: (a) Abandoned Signs. A sign is abandoned when for a period of ninety (90) days or more, there is no sign copy appearing on the sign, or where the establishment with which the sign is associated has ceased operation, or where it is relatively clear that the sign has been forsaken or deserted. Any sign which is a conforming sign not in use, but which could be re -used in conjunction with the ownership or operation of a new business on a property, shall not fall under th e definition of abandoned. (b) Alteration. Any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign. (c) Animated Sign. A sign with action or motion, rotating, flashing or color changes, excep ting therefrom wind actuated elements such as flags, banners, streamers, whirligigs or other similar devices, and public service signs such as time and temperature units. (d) Balloon, Inflatable Signs, or Inflatable Attention -getting Devices. Any air or gas filled device located, attached, or tethered to the ground, site, merchandise, building, or roof and used for the purpose of signage, advertising or attention-getting. (e) Banner. Any sign of lightweight fabric or similar material that is attached to a building or other structure erected for another purpose. Flags, as defined in this section, shall not be considered banners. (f) Building Complex. A building or group of buildings on one (1) or more lots or building sites containing three (3) or more separate businesses or industrial uses and sharing common parking facilities. (g) Building Face. The outermost surface of any exterior wall of a building, but not including cornices, bay windows, balconies, or other architectural features which extend beyond the general outermost surface of such exterior wall. (h) Canopy Sign. Any sign that is part of a projecting awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance or window or outdoor service area, or otherwise att ached to a building face. (i) Changeable Copy Sign. A sign with changeable copy, regardless of the method of attachment or the materials of construction. (j) Commercial Speech. Any message, the prevailing thrust of which is to propose a commercial transaction. (k) Commercial Signage. Any sign with wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. (l) Corner Clear Zone. The area at a street corner inscribed by a line drawn between points established by measuring back fifteen (15) feet from the beginning of the curb radius along the curb line, or edge of pavement when there is no curb, and the face of the curb or edge of pavement. (m) Dormer. A structure located above the height of a wall projecting from a sloping roof that is enclosed on both sides and top, and does not project above top of the roof structure. (n) Dwelling Unit. Any building or portion thereof which contains living faci lities, including provisions for sleeping, eating, cooking and sanitation. (o) Enforcement Officer. Any City official or agent designated by the City Manager as having authority to enforce the provisions of this article. (p) Flag. A device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, or religion, and not containing a commercial message. (q) Freestanding Sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground which are independent from any building or other structure. This definition may include pole signs, ground signs and monument signs. Comment [A1]: Move this entire section to the end of the ordinance. ATTACHMENT 2: Proposed Chapter 15 Sign Ordinance Revisions Notes PLN 2016-1608 Sign Ordinance Revisions ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 2 CC Page 102 (r) Ground Sign. Any freestanding sign greater than six (6) feet in height and supported wholly by uprights, braces, or poles in or upon the ground and where any supports or angle irons are enclosed in a wood, plastic, metal or other decorative form, such that the angle irons or supports are not visible. The entire bottom of a ground sign is generally in contact or in close proximity to the ground. (s) Height. The height of any sign shall be the measurement from the top of the sign cabinet, including all ornamentation and supports, to the existing grade beneath the sign. (t) Illegal Sign. Any sign placed without all required governmental approval and/or permits at the time such sign was placed or is an existing sign which was not constructed in accordance with the ordinances and other applicable laws in effect on the date of construction, did not receive government approval or permits, or a legal nonconforming sign that has exceeded its authorized amortization period. (u) Illuminated Sign. Any sign employing the use of lighting sources for the purpose of decorating, outlining, accentuating or brightening the sign area. (v) Incidental Sign. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as no parking, entrance, loading only, telephone and other similar directives. A sign that also includes a commercial message is not considered incidental. (w) Institutional. Uses whose primary function is furtherance of the public health, safety and welfare, generally, but not exclusively noncommercial in nature, including, but not limited to the following: hospitals and similar health care facilities, airports, cemeteries, recreational clubs and lodges, museums, theaters and similar cultural institutions, churches and similar religious institutions, detention facilities, fire and police stations, emergency shelters, marinas, parks and similar recreational facilities, schools and similar educational institutions, public utility facilities other than business offices. (x) Legal Nonconforming Sign. A sign which was legal when first erected, with all necessary permits, but due to a change in the law it became nonconforming. (y) Lot. Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a uni t for the purpose of transfer of ownership. (z) Lot Frontage. Those portions of a lot or building site which abut a public street. For purposes of determining frontage on corner lots and through lots, all sides of a lot abutting a public street (excluding an alley) shall be considered frontage. (aa) Marquee. A permanent roofed structure attached to and supported by the building and projecting beyond the building face. (bb) Monument Sign. A freestanding sign which is supported by a base which extends the entire length of the sign area and is an integral part of the design. (cc) Multi-Faced Sign. A sign with two or more sign faces where any two sign faces are oriented such that they have an interior angle of greater than forty-five (45) degrees from each other. (dd) Noncommercial Signage. Any signage which is not determined to be commercial signage, as defined herein. (ee) Noncommercial Speech. Any message which is not determined to be commercial speech as defined herein. (ff) Nonstructural Trim. The molding, battens, caps, nailing strips, lattice, cutouts, or letters and walkways which are attached to the sign structure. (gg) Obscene Signs. Signage when taken as a whole, which to the average person applying contemporary statewide standards, appeals to the prurient interest and as a whole depicts or describes in a patently offensive way sexual conduct which lacks serious literary, artistic, political or scientific value. (hh) Off-Site Commercial Signage. Signage that is not located on the site of the business, accommodations, services, or commercial activity served by the sign. ATTACHMENT 2: Proposed Chapter 15 Sign Ordinance Revisions Notes PLN 2016-1608 Sign Ordinance Revisions ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 2 CC Page 103 (ii) On-Site Commercial Signage. A sign advertising the business, accommodations, services or commercial activities provided on the site on which the sign is located. (jj) Permanent Sign. Any legal sign designed or used in excess of forty-five (45) days. (kk) Permitted Sign. Signs permitted pursuant to this article. (ll) Pole Signs. A sign wholly supported by one (1) or more poles and otherwise separated from the ground by air. (mm) Portable Sign or A-frame Sign. Any freestanding, moveable sign. (nn) Prohibited Signs. Signs specified in Section 9-15.003(d) of this chapter or any sign not specified in Section 9-15.005 nor in compliance with the design criteria for this chapter. (oo) Projecting Sign. A sign which projects more than twelve (12) inches from the exterior face of a building wall or facade and which uses the building wall as its primary source of support. (pp) Project Entrance Sign. An on-site sign used to identify the name of an apartment housing complex, mobilehome park, condominium subdivision or other residential subdivision. (qq) Public Service Sign. A noncommercial sign that provides general information that benefits the public, such as electronic changeable time and temperature units. The renewal of any part of an existing sign for the purpose of its maintenance. (rr) Roof Sign. A sign erected upon or above a roof (angled surface) or a parapet of a building or structure, and not contained within a dormer (flat surface). (ss) Setback Area. The setback area shall be that area defined as the required minimum yard as specified by the Zoning Ordinance for each Zoning District, unless a specific setback is designated within this chapter. (tt) Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public, with the exceptio n of the following: (1) Such devices not exceeding one (1) square foot in area and bearing only property numbers, post box number, names of occupants or other similar identification on a site; (2) Flags and other insignia of any government not displaying a commercial message; (3) Legal notices, identification, informational or directional/traffic controlling devices erected or required by government agencies; (4) Decorative or architectural features of buildings, except letters, trademarks or moving par ts; (5) Holiday decorations and lights; (6) Government traffic controlling devices are not considered signs for purposes of this chapter due to their distinct purpose. (uu) Sign Area. The entire area contained within the frame, cabinet or fixture, inclu ding all ornamentation or decoration used to attract attention. In the case of pole signs, that area above the supporting column, provided such supporting column is not decorated or displayed with advertising. The area of signs painted on walls, individual letter signs, trough signs, and other directly illuminated signs, shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. The area of any two (2) or more faced signs or typ e signs having any interior angle of more than forty-five (45) degrees (multi-faces signs) shall be the total area of all faces or panels. If all interior angles are forty-five (45) degrees or less, the greatest sized panel or face shall only be counted as the sign area. (vv) Sign Copy. Any words, letters, numbers, figures, designs or other symbolistic representation incorporated into a sign with the purpose of attracting attention to the subject matter. (ww) Sign Face. The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign. ATTACHMENT 2: Proposed Chapter 15 Sign Ordinance Revisions Notes PLN 2016-1608 Sign Ordinance Revisions ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 2 CC Page 104 (xx) Sign Structure. Any structure that supports or is capable of supporting any sign as defined in this section. A sign structure may be a single pole and may or may not be an integral part of the building. (yy) Site. A lot, or group of contiguous lots, with or without development, in single ownership, or having multiple owners, all of whom join in an application for signage. (zz) Street. A public or private highway, road or thoroughfare which affords the principal means of access to adjacent lots. (Ord. 499 § 2, 2006; Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.003 Applicability. (a) General. (1) The provisions of this chapter are applicable to all signs constructed or alt ered after the effective date of the ordinance codified in this chapter. (2) Nonconforming signs shall be revised to conform to the provisions of this chapter where an entitlement for construction other than minor additions or interior alterations is occu rring or where a change of use occurs. (3) All signs that are not specifically exempted from this chapter are subject to the appearance review guidelines and an approved sign permit. (4) Neon signs visible from the public right-of-way, and change in copy or materials for existing signs requires appearance review by the planning division. (5) The sign design standards herein are intended to be the maximum standards allowable without an administrative use permit or conditional use permit. (b) Permits Required. (1) Except as hereinafter provided, no permanent sign shall be constructed, displayed or altered without an approved sign permit. Signs are permitted under the various use classifications or locations specified in this chapter. (2) The application requirements, processing, review and approval for a sign permit shall be as set forth in Section 9-15.009 of this chapter. (3) When signs are proposed for a project subject to entitlement approval, a separate sign permit is not required. The application for entitlement and sign shall include complete information per Section 9 - 15.009 of this chapter, and any other information determined to be necessary for planning division review. (c) Exempt Signs. (1) Agricultural Signs. Unlighted, with an aggregate area of thirty-two (32) square feet. One (1) sign per street frontage. (2) Construction Signs. With an aggregate area of forty (40) square feet, not exceeding eight (8) feet in height. One (1) sign per street frontage. (3) Directory Signs. Wall mounted for pedestrian use, with an aggregate area of twenty (20) square feet, not exceeding eight (8) feet in height. (4) Holiday Signs. Holiday and special event decorations, for a single holiday, may be in place up to sixty (60) days. (5) Real Estate Signs. Located on a lot for sale, lease or rent. Aggregate area up to six (6) square feet. Sign must be removed fourteen (14) days after sale or transaction has occurred. One (1) sign per street frontage. (6) Hazard Signs. As long as a hazard exists. (7) Residential Signs and Home Occupations. With an aggregate area of four (4) square feet. Apartment, condominium projects with five (5) or more units, and subdivisions may have an aggregate sign area up to ten (10) square feet. Comment [A2]: This section should be broken out and be very specific on what needs a building permit and what needs to be reviewed. Comment [A3]: This should be its own stand alone section, not buried as a subsection and can easily be lost to a reader or staff. Comment [A4]: Allow for residential subdivision signs for projects of more than 5 units. Provide standards and guidelines ATTACHMENT 2: Proposed Chapter 15 Sign Ordinance Revisions Notes PLN 2016-1608 Sign Ordinance Revisions ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 2 CC Page 105 (8) Window Signs. With an aggregate area not exceeding four (4) square feet, at public entrances. (9) Official Government Flags. Signs, flags and notices. (10) Window Lettering. Limited to lettering and graphics with an aggregate area not to exceed fifty percent (50%) of the window area. (11) Landscaped Signs. Consistent with Section 9-4.127. (12) Safety and Directional Signs. With an aggregate area not exceeding four (4) square feet. Such signs shall be pedestrian scale. The City has a compelling interest in ensuring traffic and p edestrian safety. To directly advance that interest, such safety and directional signs are allowed. (13) Banner or Temporary Signs. Constructed from nonpermanent material, (e.g. paper, canvas, vinyl, etc.). (i) Maximum Number and Area. Each business may have one (1) banner sign per public street frontage, with a maximum area of forty (40) square feet. (ii) Limits on Time Displayed. Temporary signs may be in place for a maximum of thirty (30) days. All banners must be down a minimum of sixty (60) days bef ore any new banner may go up. Banners may remain up during the entire permanent sign permit process. (iii) Placement. Banners must be secured flat against a building or secure structure. (iv) Exceptions. Nonprofit events shall be exempt from size and number of banners (e.g., farmers market). (14) Redevelopment Projects. Any sign program approved and entered into by the Community Redevelopment Agency of Atascadero, so long as the program is otherwise consistent with the General Plan of the City of Atascadero. (15) Person Signage. (16) Projected Image Signs. (17) Art and Murals. (d) Prohibited Signs. (1) Off-premises signs that direct attention to a business, service or product not sold or offered on the premises on which the sign is located, including billboards; (2) Abandoned Signs. A sign is abandoned where for a period of ninety (90) days or more, there is no sign copy appearing on the sign or where the establishment to which the sign is attached has ceased operation and where it is clear that the sign has been forsaken and deserted or where the sign is fifty percent (50%) or more deteriorated, damaged or destroyed; (3) Confusing signs that simulate in color or design any traffic sign, signal or which makes use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic; (4) Animated, moving, flashing, blinking, reflecting, glaring or revolving, or any other similar sign, except electronic message boards displaying time o r temperature or the display of noncommercial notice services and free speech messages; (5) Roof signs; (6) Snipe signs or any other sign attached to a tree, utility pole, fence post, etc.; (7) Signs on vehicles when the vehicle is parked or placed for the primary purpose of displaying said sign except a sign painted directly upon, magnetically affixed to or permanently affixed to the body or other integral part of the vehicle. Such signs shall not be used as a billboard. Such signs may contain noncommercial messages; (8) Inflatable signs; (9) Feather Flag Signs (10) Digital Display / LED messaging signs; Comment [A5]: Temporary signs such as banners, a-frame signs, and other signage should be grouped together Comment [A6]: This should be revised to reflect dissolution of the RDA Comment [A7]: Allow the ability for businesses to utilize person signs within the content of time/place/manner. This would also allow for non-commercial person signage to be allowed as well. Comment [A8]: Regulate projected image signs that can be shown on sidewalks / buildings/ etc. This is a new sign technology. This would give businesses a new signage tool exempt from permits. Comment [A9]: Codify previous Council direction on AUP for wall murals that are non- commercial messages ATTACHMENT 2: Proposed Chapter 15 Sign Ordinance Revisions Notes PLN 2016-1608 Sign Ordinance Revisions ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 2 CC Page 106 (11) Wall mounted cabinet signage where the frame or external structure is box, either in rectangular, square or similar box like appearance; (12) Signage, including non-commercial signage, that is placed or encroaches into the right -of-way without a valid encroachment permit or prior approval of the City Engineer or their designee for the purpose of safety or traffic control. (Ord. 499 § 2, 2006; Ord. 400 § 1, 2002; Ord. 255 § 2, 2002) 9-15.004 Sign design standards. (a) Sign Faces Counted. Where a sign has two (2) faces containing sign copy, which are oriented back to back and separated by not more than twenty-four (24) inches at any point, the area of the sign shall be measured using one (1) sign face only. (b) Wall Mounted Letters. Where a sign is composed of letters individually mounted or painted on a building wall, without a border or decorative enclosure, the sign area is that o f the smallest area within which all letters and words can be enclosed. (c) Three-Dimensional Signs. Where a sign consists of one (1) or more three-dimensional objects such as balls, cubes, clusters of objects, or sculptural or statute -type trademarks, the sign area shall be measured as the area of the smallest rectangle within which the object(s) can be enclosed, when viewed from a point where the largest area of the object(s) can be seen. (d) Sign Materials and Design. Signs shall utilize materials, colors, and design motifs that are compatible with the architecture and color of the buildings on -site and adjacent properties. (See Appearance Review Guidelines) (e) Sign Messages. Sign messages shall be limited to the identification of the business or the type of activity conducted on the premises. Sign messages shall use a minimum of graphics, letters, numbers etc., to convey the business at the subject location. (f) Sign Programs. A master sign program must be provided for locations with three (3) or mor e tenants or businesses. (g) Franchise and Logo Signs. Businesses that are part of a franchise or corporation may not exceed the maximum sign area allowed in their zone including franchise or logo signs. (h) Monument Signs. All monument signs must have either landscaping or decorative hardscaping at their base to soften the appearance and incorporate the signs into their surroundings. (i) Color banding. The installation or painting of high croma color banding on buildings and structures shall be defined as a sign and shall be subject to the same size restrictions as other signs. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.005 Allowed signs. (a) Commercial and Industrial Zones. The aggregate sign square footage allowed per site is one hundred twenty-five (125) square feet. This sign square footage may be divided by using more than one (1) type of sign, provided that the aggregate sign square footage allowed per sign does not exceed the following standards: (1) Wall Sign. One (1) wall sign per building face with public street frontage or parking lot frontage (except those facing a residential zone) per business . (up to two (2) businesses at the same location). Maximum size for wall signs may not exceed one (1) square foot per lineal foot of business building frontage or forty (40) square feet, whichever is less. (2) Monument Sign. One (1) monument sign per two hundred (200) lineal feet of public street frontage per site (except streets adjacent to a residential zone). Maximum size of monument sign is not to exceed sixty (60) square feet, and a maximum height of ten six (610) feet from the natural grade. Comment [A10]: There is a current prohibition of cabinet signage in the downtown. This would extended this for any new cabinet wall mounted signs throughout the City as this does not conform with guidelines and standards established in earlier sections. Comment [A11]: Solidify that no signage is permitted without an encroachment permit, including non-commercial messages. Comment [A12]: This entire section should be moved to the front of the ordinance to describe what are the standards ATTACHMENT 2: Proposed Chapter 15 Sign Ordinance Revisions Notes PLN 2016-1608 Sign Ordinance Revisions ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 2 CC Page 107 (3) Suspended Sign. One (1) suspended sign, with an aggregate area not exceeding fifteen (15) square feet, and a minimum ground clearance of eight (8) feet or as regulated by the Uniform Sign CodeCalifornia Building Code. Suspended signs projecting into the right-of-way requires issuance of an encroachment permit. (4) Projecting Sign. One (1) projecting sign with an aggregate area not to exceed fifteen (15) square feet. Minimum ground clearance must be eight (8) feet, or as regulated by the Uniform Sign CodeCalifornia Building Code. A Projecting projection signs may not be closer than five (5) feet to a publicinto the right-of-way requires issuance of an encroachment permit. (5) Multi-Tenant Signage. Multi-tenant centers with two (2) or more tenants may have additional signage as specified in this subsection. i. Pylon Sign. A multi-tenant Pylon sign may be substituted for monument signage along a designated major or minor arterial road that is directly adjacent to the property. ii. Pylon Sign Height. Maximum height shall be twelve (12) feet. iii. Sign Area. Maximum sign area of 50 square feet plus an additional ten (10) square feet per tenant for a maximum of 100 square feet. iv. Wall Signage. For tenants greater than 10,000 square feet in size, an additional one hundred and fifty percent (150%) more wall sign area may be permitted. Tenant Sign. Centers with three (3) or more tenants may have one (1) tenant wall sign per business street frontage (except streets adjacent to a residential zone). The aggregate area of tenant signs is not to exceed one (1) square foot per lineal foot of business frontage, or twenty (20) squ are feet, whichever is less per tenant. Centers may have one (1) center identification monument sign per two hundred (200) lineal feet of street frontage, with a maximum sign area of sixty (60) square feet. Major tenants (ten thousand (10,000) square feet or more) may have one hundred fifty percent (150%) more wall sign area. (6) Freeway Signs. In addition to the signs allowed above, sites located adjacent to Highway 101 or a Highway 101 frontage road may be authorized, through administrative use permit , approval to use a freeway oriented sign as provided below: (i) Businesses located on freeway frontage of Highway 101, and that are a restaurant, service station, provide lodging, or are a dealer of new automobiles, may have a pole mounted freeway orient ed sign with an area not to exceed one (1) square foot of sign area per lineal foot of freeway oriented building frontage up to one hundred fifty (150) square feet, whichever is less. Pole mounted signs shall not exceed fifty (50) feet in height or the minimum height necessary for effective visibility (see Section 9- 15.006(c)). (ii) Where the principal use is planned shopping, office or industrial complex with five (5) or more tenants, a building-mounted freeway oriented sign may be allowed with a maximum area not to exceed one (1) square foot for each lineal foot of building frontage up to sixty (60) square feet per principal tenant, whichever is less. (iii) Where the building area of a single tenant building exceeds ten thousand (10,000) square feet, a building-mounted freeway oriented sign may be allowed with a maximum area not to exceed one (1) square foot for each lineal foot of building frontage up to sixty (60) square feet, whichever is less. Where the building area of a single tenant building is le ss than ten thousand (10,000) square feet, a building-mounted freeway oriented sign may be allowed with a maximum area of forty (40) square feet with a maximum letter height of fourteen (14) inches. Freeway wall signs shall be constructed of individual three-dimensional letters or logos. Rectangular box or cabinet signs shall not be allowed along the US 101 frontage. Signs may be internally illuminated pan channel letters. (7) Gas Station Canopies. In addition to the signs allowed above, a maximum of twent y (20) square feet signs, logos and or color banding shall be permitted on no more than two (2) sides of a pump Comment [A13]: Codify multi-tenant signage. This would be in addition to allowed signage for multi-tenants. Comment [A14]: Need to add definition for “freestanding signs” and “shopping center identification signs” which are different than both monument signs or pylon signs. Comment [A15]: This entire section has been revised to allow for multi-tenant signage ATTACHMENT 2: Proposed Chapter 15 Sign Ordinance Revisions Notes PLN 2016-1608 Sign Ordinance Revisions ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 2 CC Page 108 island canopy structure. The remainder of the pump canopy fascia shall be of an architectural treatment consistent with site architecture. (8) Off-Site Subdivision Signs. Subdivision tracts of twenty (20)five (5) or more lots may be permitted to install off-site directional advertising signage subject to the approval of an administrative use permit subject to the following conditions: (i) The subdivision tract shall be located within the City of Atascadero; (ii) No more than three (3) signs shall be allowed with a maximum height of fifteen (15) feet and sixty (60) square feet of sign area; (iii) No flags, banners or other decorations shall be affixed to the sign; (iv) The signs shall not be illuminated; (v) All signs shall be located on private property with written permission from the property owner provided to the City; (vi) A building permit shall be obtained for the signs; (vii) The signs shall be removed prior to final occupancy of the last unit in the tract or after a period of three (3) years whichever is less. The applicant may apply annually for a one (1) year time extension for active construction projects. (9) Portable Signs and A-frame Signs. One (1) portable sign per street frontage. Maximum size of portable sign is not to exceed two (2) feet wide by five (5) feet tall. Minimum height is three (3) feet tall. Portable and A-frame signs must be located on the business’s property or within the boundaries of the shopping center or commercial complex, unless an encroachment permit is obtained for a portable sign located in the public right-of-way. The property owner is required to indemnify the City in conjunction with the encroachment permit for any sign located in the right-of-way. (10) Awning Signage. A logo/insignia or name may be painted, silk-screened, or appliquéd onto the awning. i. Sign Area. The area of signage on an awning shall not exceed fifty percent (50%) of the area of the awning face. ii. Projection and Clearance. Awnings may project a maximum of five (5) feet into the public right-of-way and shall maintain a minimum vertical clearance from the ground of eight (8) feet. A projection into the right-of-way requires issuance of an encroachment permit. iii. Design. Awnings shall be securely attached to the buildings and well maintained. No supports or poles may be located in the public right-of-way. (11) Building Name Signage. (12) Light Pole Signage. (b) Downtown Districts. (1) Applicability. Signs within the downtown zoning districts are subject to all applicable requirements of the City’s Sign Ordinance, except as provided by this section. (2) Design Review. The design, materials, illumination and location of all signs shall be reviewed for consistency with the Downtown Design Guidelines. (3) Maximum Allowed Sign Area. Each business shall be allowed a total of one (1) square foot of sign area per linear foot of the street frontage occupied b y the business, with a minimum total of twenty (20) square feet allowed for each business, and a maximum total sign area of fifty (50) square feet. (4) Standards for Specific Types of Signs. (i) Wall Signs. Comment [A16]: Place this section under site design and standards. Reduce the amount of units required and align with issuance of either a subdivision map or multi-family approval of five (5) units or more. Comment [A17]: Place this section into the temporary signage. Propose a change to allow for this to occur for subdivision of five (5) or more homes. Comment [A18]: Move this section into the temporary signage section. Comment [A19]: Add the ability to do awnings outside of the downtown zone. Comment [A20]: Provide the ability to have a building name sign on commercial buildings outside of the downtown including building complexes such as meresco plaza Comment [A21]: Provide the ability to business to utilize permanent framing on light poles located in parking lots to allow for changeable / seasonal advertising. Provide standards and limit the amount of parking lot lights that can be used. ATTACHMENT 2: Proposed Chapter 15 Sign Ordinance Revisions Notes PLN 2016-1608 Sign Ordinance Revisions ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 2 CC Page 109 a. Maximum Number. Each business may have one (1) wall sign, except corner buildings, which may have two (2). A single facade may have a wall sign or awning sign (subsection (d)(2) of this section), but not both. b. Height. Wall signs shall be located below the top of the parapet or roofline on singl e story buildings and below the second floor sill on multi-story buildings. c. Placement and Materials. The sign may be painted directly on a wall, formed of individual letters attached to a wall, or consist of a sign panel attached to the wall, provided that the design is consistent with the architectural style and features of the building facade. Internally illuminated “can” signs are not allowed. (ii) Awning Signs. Awning signs may be used instead of allowable wall signs on the same building facade. A logo/insignia or name may be painted, silk-screened, or appliquéd onto the awning. a. Sign Area. The area of signage on an awning shall not exceed twenty-five percent (25%) of the area of the awning face. b. Projection and Clearance. Awnings may project a maximum of five (5) feet into the public right-of-way and shall maintain a minimum vertical clearance from the ground of eight (8) feet. c. Design. Awnings shall be securely attached to the buildings and well maintained. No supports or poles may be located in the public right-of-way. Awnings shall complement the building they are attached to. (iii) Projecting Signs. Projecting signs may be allowed as follows: a. Maximum Number and Area. Each business within the downtown is allowed a projecting sign in addition to the wall signs allowed by this section. 1. If the projection is two (2) sided, each side of the sign shall be used in the total allowable area calculation (subsection (c) of this section). 2. No projecting signs shall exceed nine (9) square feet in area per side. b. Projection and Clearance. Projecting signs may extend five (5) feet into the public right -of-way and must maintain a minimum vertical clearance of eight (8) feet. c. Alternative Use of Decorative Pennants. Decorative individual pennants (not strings of pennants) may be used as an alternative to an allowed projecting sign. Only fabric pennants may be used. The image may be painted, silk-screened or appliquéd on the fabric. Any business logo or insignia shall be included within the total allowable projecting sign area. All decorative pennants shall be well maintained and of professional quality. (iv) Monument Signs. Uses occupying over ten thousand (10,000) square feet may be allowed a monument sign in compliance with the Sign Ordinance, in addition to the sign area and types of signs allowed by this section. Maximum size of monument sign is not to exceed sixt y (60) square feet, and a maximum height of ten (10) feet from the natural grade. (v) Window Graphics. Window graphics shall not exceed twenty percent (20%) of the storefront window area, or twenty (20) square feet, whichever is less. Window graphics are not counted as part of the maximum sign area allowed a business. (vi) Multi-Tenant Directory Signs. Multi-tenant directory signs shall not exceed seventy-two (72) inches per tenant. The multi-tenant directory signs are allowed in addition to the sign area and types of signs allowed by this section, provided that the design is consistent with the architectural style and features of the building facade. (vii) Building Name Sign. A building name sign shall not exceed twenty (20) square feet. The building name sign shall be limited to buildings with at least three (3) tenants and shall identify the building, not a business within the building. The building name sign is allowed in addition to the sign area Comment [A22]: Allow for awning signage in other zones Comment [A23]: Potentially eliminate as additional signage options would not be available. Comment [A24]: Allow for monument signage for more businesses in the downtown zone with performance standards. Comment [A25]: This section needs to be amended to provide flexibility. ATTACHMENT 2: Proposed Chapter 15 Sign Ordinance Revisions Notes PLN 2016-1608 Sign Ordinance Revisions ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 2 CC Page 110 and types of signs allowed by this section, provided that the design is consistent with the architectural style and features of the building facade. (viii) Portable Signs and A-frame Signs. One (1) portable sign per street frontage. Maximum size of portable sign is not to exceed two (2) feet wide by fiv e (5) feet tall. Minimum height is three (3) feet tall. Portable and A-frame signs must be located on the business’s property or within the boundaries of the shopping center or commercial complex, unless an encroachment permit is obtained for a portable sign located in the public right-of-way. The property owner is required to indemnify the City in conjunction with the encroachment permit for any sign located in the right-of-way. (c) Public and Recreation Zones. The following signs are allowed in the P, and L Zones, provided that the aggregate area of signs per site does not exceed one hundred (100) square feet. (1) Wall Sign. One (1) wall sign for each public street frontage for business or tenants with a sign area maximum of ten percent (10%) of the building face or up to a maximum of forty (40) square feet, whichever is less. (2) Suspended Sign. One (1) suspended sign for each public street frontage, with a maximum area of ten (10) square feet for each business or tenant. (3) Monument Sign. One (1) monument sign for each business per three hundred (300) lineal feet of public street frontage. Monument signs may have a maximum sign area of forty (40) square feet, and a maximum height of ten (10) feet from the natural grade. (d) All Zoning Districts. The following signs may be allowed, either by conditional use permit or administrative use permit, as specified, in all zoning districts. (1) Community Identification Sign. Community identification signs may be allowed, by conditional use permit, on arterial streets entering the City with a maximum area of eighty (80) square feet and a maximum height of twelve (12) feet. Such signs may include the name of the City, names of civic or religious organizations, and names and locations of City facilities. Such s igns shall not contain the names of businesses of commercial products. (2) Information Kiosks. Kiosks for the permanent and/or temporary display of information including community and civic activities, and advertising for local commercial establishments m ay be allowed. Approval of the size, location, and maintenance requirements for such kiosks shall be established through administrative use permit. (3) Changeable Copy Sign. Approval of the size, location, purpose, design, and content of changeable copy signs shall be by conditional use permit or administrative use permit as provided in Section 9-15.003(d)(7). (4) Public Transit Facilities. At the discretion of the Community Services Director, advertising signs may be placed on buses and designated bus stop benches used in connection with a public transit program provided by the City of Atascadero. Signs on buses shall be limited to one (1) on each side, neither of which exceeds six (6) square feet. Signs on benches shall be limited to one (1) sign which s hall be placed on the back of the bench and which shall not exceed ten (10) inches by thirty -six (36) inches. Additional signs and/or modification signs associated with public transit facilities may be approved through conditional use permit process. (Ord. 499 § 2, 2006; Ord. 400 § 1, 2002; Ord. 376 § 2 (Exh. A), 2000; Ord. 354 § 1, 1998; Ord. 255 § 2, 1992) 9-15.006 Exceptions to sign standards. The sign area or other limitations of this chapter may be modified, increased or decreased through approval of an administrative use permit. In reviewing an administrative use permit, the following criteria shall be considered: (a) The need for such signing is based on the purposes set forth in Section 9 -15.001; Comment [A26]: This section will be moved and combined into the temporary signage section. ATTACHMENT 2: Proposed Chapter 15 Sign Ordinance Revisions Notes PLN 2016-1608 Sign Ordinance Revisions ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 2 CC Page 111 (b) The opportunity to combine signs for more than one (1) use on a single sign structure has been considered; (c) For freeway oriented signs, the sign area and height are the minimum needed to achieve adequate visibility along the freeway due to highway ramp locations and grade differences; and (d) Conformance with all other applicable codes and ordinances of the City, including, but not limited to, the Zoning Ordinance, General Plan and its several elements, and the appearance review guidelines. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.007 Sign construction standards. (a) Illumination. Signs shall be indirectly lighted by continuous, stationary, shielded light sources, directed solely at the sign, or internal to it. All light sources for signs are to be shielded so as not to be directly visible from off-site. (b) Code Standards. All signs established in this City must comply with all current editions of the Uniform Building Code, Uniform Electrical Code, and Uniform Sign Code for anchoring, foundations, windloads, illumination, and design standards. Awning Signs and projecting signs require structural plans to be done by a licensed architect or civil engineer. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.008 Sign maintenance. All signs established in this City are subject to this code regardin g safety, maintenance, and repair. All signs are to be properly maintained in a safe and legible condition at all times. Any sign that is fifty percent (50%) or more damaged or deteriorated, must be repaired and brought into conformance with this chapter will be presumed to be abandoned as defined in Section 9 -15.003(d)(2). (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.009 Sign permit application package. (a) Permit Requirements. Applications for a sign permit for the establishment, alteration or relocation of a sign shall be made to the City, and shall include the following items for processing: (1) Sign Application Form. Include the name and business address of the applicant and/or property owner and name and address of agent if applicable, assessor parcel number, legal description, type and number of sign(s), applicant and property owners’ signature and agent’s signature. (2) Site Plan. Show location of all existing structures on site. Show location of proposed sign(s). Note distance of monument signs to structures and public right-of-way, if applicable. Show any grading required for monument signs. (3) Elevations. Provide drawings of all building elevations, specifying all dimensions of signs, including lettering, length, height, width and deb t of projecting letters if applicable. Provide building elevations showing location of existing and proposed signs on walls, including dimensions to building structural features such as roof, windows, doors and finished grade. If monument sign, show plan a nd side views of proposed sign. Also provide all structural support elevations and details. (4) Colors and Materials Board. Provide samples of proposed colors and materials for signs. If a master sign program is required, provide colored drawings for proposed signs on building wall elevations. Include manufacturer’s color and materials’ names. (5) Structural Calculations. When applicable, provide all structural calculations by a licensed architect or civil engineer. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.010 Legal nonconforming signs. The use of a legal nonconforming sign may continue as follows: Comment [A27]: Move and combine with sign design standards and general requirements at the beginning of the chapter. Comment [A28]: Move and combine section with permit requirements. ATTACHMENT 2: Proposed Chapter 15 Sign Ordinance Revisions Notes PLN 2016-1608 Sign Ordinance Revisions ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 2 CC Page 112 (a) Free-Standing and Attached Signs. A legal nonconforming sign shall not be: (1) Increased in area; (2) Moved from its location on the effective date of the ordinance codified in this title unless required by law or pursuant to this title; (3) Be provided with increased or intensified lighting; (4) Changed to an advertisement for a business not occupying the premises or a product not sold on the premises. (b) Sign Copy. The advertising copy on a legal nonconforming sign may be changed, except as provided by subsections (a), (c) and (d) of this section. (c) Discontinued Use. If the use of a building or land associated with a legal nonconforming s ign is discontinued for a period of three (3) months or more, any signing except for an off -premises sign shall thereafter conform to the provisions of the chapter. (d) Public Nuisances. Any nonconforming sign which is found to present danger to the publi c or becomes abandoned due to disrepair or lack of proper maintenance may be declared a public nuisance and abated as set forth in Chapter 9-8 (Enforcement). (e) Destroyed Signs. If a legal nonconforming sign is destroyed to the extent of fifty percent (50%) or more of its replacement cost prior to its destruction by fire, explosion or act of God, it may be restored only if it is brought into full conformance with the provisions of this chapter. If the sign is damaged to the extent of less than fifty percent (50%) of its replacement cost, it may be restored to its former legal nonconforming status. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.011 Code enforcement. The provisions of this chapter shall be enforced pursuant to Section 9 -8.101 et seq., of Title 9. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.012.1 Private placement on right-of-way. Time Period. Temporary noncommercial signs may be displayed by or with the permission of the property owner up to sixty (60) days before and ten (10) days aft er any official local, state, regional, or national authorized election. Such signage may carry any form of noncommercial message, consistent with this article. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.012.2 Sign Area. The maximum allowable sign area is six (6) square feet per sign. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.012.3 Height. Maximum height of freestanding signs is five (5) feet. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.012.4 Posting on structures. All signage within the public right-of-way shall be self-supporting and freestanding. No temporary sign shall be posted on any streetlight, utility pole, post, pole, or structure supporting a traffic -control sign or signal, fire hydrant, or similar structures in the public right-of-way. (a) Safety of Placement. Temporary signs posted in the public right-of-way shall meet the following criteria: (1) When located in the Corner Clear Zone, the sign shall not exceed thirty (30) inches in height. Comment [A29]: This section needs to be moved into the temporary signage section ATTACHMENT 2: Proposed Chapter 15 Sign Ordinance Revisions Notes PLN 2016-1608 Sign Ordinance Revisions ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 2 CC Page 113 (2) Signs shall not obstruct a motorist’s view of pedestrian or vehicular traffic, traffic-control signs, or signals, or otherwise represent a hazard to vehicular or pedestrian traffic. (3) Signs shall not impede a pedestrian’s free use of the sidewalk. (4) Signs shall be securely affixed to the property on which they are placed. (5) Signs may not be posted without the permission of the property owner. (b) No permit nor deposit is required for the posting of temporary signs on public property by the City. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.013 Private placement. Any sign placed on property owned by the City of Atascadero without the permission of the City may be removed by the City without prior notice. This section shall not be interpreted to violate the First Amendment to the Constitution of the United States. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.011 Substitution Clause Notwithstanding any provision of this section to the contrary, the extent that this section allows a sign containing a commercial message, a non-commercial signage shall be allowed to the same extent. The non-commercial message may occupy the entire sign area or any portion thereof, and may substitute or be combined with the commercial message. The sign message may be changed from commercial to non-commercial message to another, as frequently as desired by the sign’s owner, provided that the sign is not prohibited and the sign continues to comply with all requirements of this section. 9-15.012 Severability Clause If any section, subsection, sentence, clause, or phase of this sign ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this sign ordinance. The City Council of the City of Atascadero hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phases be declared invalid. Comment [A30]: This section should be moved to the standards section and eliminate the ability to place in the ROW for consistency throughout the sign code. Comment [A31]: This would clearly articulate non-commercial signage is allowed in all zones consistent with this code. This provides a clear statement of content neutrality. Comment [A32]: This allows for the signage ordinance to remain if at any time, a decision or court case renders certain sections invalid. ATTACHMENT 2: Proposed Chapter 15 Sign Ordinance Revisions Notes PLN 2016-1608 Sign Ordinance Revisions ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 2 CC Page 114 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 ATTACHMENT 3: Proposed Chapter 15 Sign Ordinance Revisions “Track Changes” PLN 2016-1608 – Sign Ordinance Revisions Chapter 15 SIGNS Sections: 9-15.001 Title and intent. 9-15.002 DefinitionsIntent. 9-15.003 Applicability. 9-15.004 Sign Permit Applicationdesign standards. 9-15.005 Allowed signs.Sign Design and Construction Standards 9-15.006 Exceptions to sign standards.Exempt Signs 9-15.007 Sign construction standards.Prohibited Signs 9-15.008 Sign maintenance.Temporary Signs 9-15.009 Sign permit application package.Allowed Signs 9-15.010 Legal nonconforming signs.Freeway Signs 9-15.011 Code enforcement.Design Exceptions 9-15.012.1 Private placement on right-of-way.Sign Maintenance and Abandoned Signs 9-15.012.2 Sign area. 9-15.012.3 Height. 9-15.012.4 Posting on structures. 9-15.013 Private placement.Non-Conforming Signs 9-15.014 Code Enforcement 9-15.015 Signage on City Property 9-15.016 Substitution Clause 9-15.017 Severability Clause 9-15.018 Definitions 9-15.001 Title and intent. This chapter shall be known and cited as the Sign Ordinance of the City of Atascadero. This chapter is based on the City’s responsibility to protect the general public’s health, safety and welfare. The spirit of this chapter is based on the City’s desire to protect the economy and aesthetics of the community. The City finds that it is in the interest of both aesthetics and traffic safety that sign information be kept to a minimum. 9-15.002 Intent The purpose of this chapter is to establish sign regulations that are intended to: (a) Maintain and improve the aesthetic environment and overall community appearance to foster the City’s ability to attract sources of economic development and growth; (b) Encourage the effective use of signs as a means of communication in the City and reduce possible traffic and safety hazards from confusing or distracting signs; (c) Implement quality sign design standards that are consistent with the City’s General Plan, Zoning Ordinance and Appearance Review Guidelines; (d) Enable fair and consistent enforcement of these sign regulations; CC Page 115 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 (e) Minimize possible adverse impacts of signs on private and public property in order to maintain property values and to maintain a positive City image; (f) Enhance traffic safety by ensuring that signage does not distract, obstruct or otherwise impede traffic circulation and to safeguard and preserve the health, property, and public welfare of Atascadero residents through prohibiting, regulating, and controlling the density, location, and maintenance of signs; (g) Permit noncommercial signage wherever other signage is permitted within Chapter 9-15 subject to the same standards and total maximum allowances for a site of each sign type specified in this chapter. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.003 Applicability. (a) General. (1a) The provisions of this chapter are applicable to all signs constructed or altered after the effective date of the ordinance codified in this chapter. (2b) Nonconforming signs shall be revised to conform to the provisions of this chapter where an entitlement for construction other than minor additions or interior alterations is occurring or where a change of use occurs. (3c) All signs that are not specifically exempted from this chapter are subjec t to the appearance review guidelines and an approved sign permit. (4d) Neon signs visible from the public right-of-way, and change in copy or materials for existing signs requires appearance review by the planning division. (5e) The sign design standards herein are intended to be the maximum standards allowable without an administrative use permit or conditional use permit. 9-15.004 Sign design standards.Permits Required (a) Except as hereinafter provided, no permanent sign shall be constructed, displayed or altered without an approved sign permit. Signs are permitted under the various use classifications or locations specified in this chapter. (b) The application requirements, processing, review and approval for a sign permit shall be as set forth in Section 9-15.004 of this chapter. (c) When signs are proposed for a project subject to entitlement approval, a separate sign permit is not required. The application for entitlement and sign shall include complete information per Section 9- 15.009 of this chapter, and any other information determined to be necessary for planning division review. (ad) Permit RequirementsApplication. Applications for a sign permit for the establishment, alteration or relocation of a sign shall be made to the City, and shall include the following items for processing: (1) Sign Application Form. Include the name and business address of the applicant and/or property owner and name and address of agent if applicable, assessor parcel number, legal description, type and number of sign(s), applicant and property owners’ signature and agent’s signature. (2) Site Plan. Show location of all existing structures on site. Show location of proposed sign(s). Note distance of monument signs to structures and public right -of-way, if applicable. Show any grading required for monument signs. CC Page 116 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 (3) Elevations. Provide drawings of all building elevations, specifying all dimensions of signs, including lettering, length, height, width and debt of projecting letters if applicable. Provide building elevations showing location of existing and proposed signs on walls, including dimensions to building structural features such as roof, windows, doors and finished grade. If monument sign, show plan and side views of proposed sign. Also provide all structural support elevations and details. (4) Colors and Materials Board. Provide samples of proposed colors and materials for signs. If a master sign program is required, provide colored drawings for proposed signs on building wall elevations. Include manufacturer’s color and materials’ names. (5) Structural Calculations. When applicable, provide all structural calculations by a licensed architect or civil engineeras required by the Chief Building Official or their designee. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.005 Exempt Signs Types of Exempt signage. The following sign types are exempt from permits consistent with the provided standards. (a) Agricultural Zone Signs. Unlighted, with an aggregate area of thirty-two (32) square feet. One (1) sign per street frontage. (b) Signs on properties under construction. With an aggregate area of forty (40) square feet, not exceeding eight (8) feet in height. One (1) sign per street frontage. (c) Directory Signs. Wall mounted for pedestrian use, with an aggregate area of twenty (20) square feet, not exceeding eight (8) feet in height. (d) Decorations. Special event decorations, may be in place up to sixty (60) days, except for signage listed in section 9-15.007. (e) Hazard Signs. As long as a hazard exists. (f) Residential Signs and Home Occupations. With an aggregate area of four (4) square feet. (g) Window Signs. With an aggregate area not exceeding four (4) square feet, at public entrances. (h) Official Government Flags. Signs, flags and notices. (i) Window Lettering. Limited to lettering and graphics with an aggregate area not to exceed fifty percent (50%) of the window area. (j) Landscaped Signs. Consistent with Section 9-4.127. (k) Safety and Directional Signs. With an aggregate area not exceeding four (4) square feet. Such signs shall be pedestrian scale. The City has a compelling interest in ensuring traffic and pedestrian safety. To directly advance that interest, such safety and directional signs are allowed. (l) City of Atascadero Signs. Any sign program approved and entered into by the Community Redevelopment Agency of Atascadero, its successor agency, or the City of Atascadero, so long as the program is otherwise consistent with the General Plan of the City of Atascadero. (m) Art and murals, provided such signs do not contain any commercial messages and proposed art and mural obtains an Administrative Use Permit (AUP) prior to installation. (n) Temporary signage in accordance with section 9-15.008. (o) Vehicle Signs. Painted signs, magnetic signs, decals, or logo wrap adhered to a vehicle, unless parked for the primary purpose of displaying the sign, refer to section 9-15.007(g). 9-15.006 Sign Design Standards CC Page 117 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 (a) Sign Faces Counted. Where a sign has two (2) faces containing sign copy, which are oriented back to back and separated by not more than twenty-four (24) inches at any point, the area of the sign shall be measured using one (1) sign face only. (b) Wall Mounted Letters. Where a sign is composed of letters individually mounted or painted on a building wall, without a border or decorative enclosure, the sign area is that of the smallest area within which all letters and words can be enclosed. (c) Three-Dimensional Signs. Where a sign consists of one (1) or more three -dimensional objects such as balls, cubes, clusters of objects, or sculptural or statute-type trademarks, the sign area shall be measured as the area of the smallest rectangle within which the object(s) can be enclosed, when viewed from a point where the largest area of the object(s) can be seen. (d) Sign Materials and Design. Signs shall utilize materials, colors, and design motifs that are compatible with the architecture and color of the buildings on-site and adjacent properties. (See Appearance Review Guidelines) (e) Sign Messages. Sign messages shall be limited to the identification of the business or the type of activity conducted on the premises. Sign messages shall use a minimum of graphics, letters, numbers etc., to convey the business at the subject location. (f) Sign Programs. A master sign program must be provided for locations with three five (35) or more tenants or businesses. (g) Franchise and Logo Signs. Businesses that are part of a franchise or corporation may not exceed the maximum sign area allowed in their zone including franchise or logo signs. (h) Monument Signs. The following design standards shall apply to monument signs unless otherwise specified in section 9-15.009All monument signs must have either landscaping or decorative hardscaping at their base to soften the appearance and incorporate the signs into their surroundings. (1) Base Height. Minimum base height shall be two (2) feet. The Maximum base height shall be four (4 feet). Base does not count towards sign face. (2) Base Design. Monument base shall have decorative hardscaping to soften the appearance and shall be consistent with the architecture of the building(s) it serves. (3) Placement. Bases shall be located in a landscape planter. (4) Type. Cabinet monument signage, which is defined as a frame or external structure of a box-like sign that encloses the various functional elements of the design, whether electrical or dimensional components shall be prohibited. (i) Multi-tenant Freestanding Signs. The following design standards shall apply to freestanding multi-tenant signage unless otherwise specified in section 9-15.009. (1) Sign Articulation. Base shall be consistent with architecture of multi-tenant building (2) Placement. Signs shall be located in a landscape planter and setback five (5) feet from the right-of-way. (3) Type. A singular pole is prohibited to be utilized as a base unless it is a freeway sign, consistent with section 9-15.010 (ji) Color banding. The installation or painting of high croma color banding on buildings and structures shall be defined as a sign and shall be subject to the same size restrictions as other signs. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) (ak) Illumination. Signs shall be indirectly lighted by continuous, stationary, shielded light sources, directed solely at the sign, or internal to it. All light sources for signs are to be shielded so as not to be directly visible from off-site. CC Page 118 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 (l) Temporary Freestanding Signage. Temporary signs freestanding signage displaying either a commercial or non-commercial message shall adhere to the following criteria: (1) When located in the Corner Clear Zone, the sign shall not exceed thirty (30) inches in height. (2) Signs shall not obstruct a motorist’s view of pedestrian or vehicular traffic, traffic-control signs, or signals, or otherwise represent a hazard to vehicular or pedestrian traffic. (3) Signs shall not impede a pedestrian’s free use of the sidewalk. (4) Signs shall be securely affixed to the property on which they are placed. (5) Signs may not be posted without the permission of the property owner. (mb) Code Standards. All signs established in this City must comply with all current editions of the Uniform Building Code, Uniform Electrical Code, and Uniform Sign Code California Building Code, or successor adopted building code for anchoring, foundations, windloads, illumination, and design standards. Awning Signs and projecting signs require structural plans to be done by a licensed architect or civil engineer. 9-15.007. Prohibited Signs Prohibited Signs. The Following sign types are prohibited within the City of Atascadero. Prohibited signage may be allowed, provided an Administrative Use Permit (AUP) is granted, consistent with section 9-15.011. (a) Off-premises signs that direct attention to a business, service or product not sold or offered on the premises on which the sign is located, including billboards; (b) Abandoned Signs. A sign is abandoned where for a period of ninety (90) days or more, the re is no sign copy appearing on the sign or where the establishment to which the sign is attached has ceased operation and where it is clear that the sign has been forsaken and deserted or where the sign is fifty percent (50%) or more deteriorated, damaged or destroyed; (c) Confusing signs that simulate in color or design any traffic sign, signal or which makes use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic; (d) Animated, moving, flashing, blinking, reflecting, glaring or revolving, or any other similar sign, except electronic message boards displaying time, temperature, or required prices of gasoline or similar fuels, or the display of noncommercial notices or messages; (e) Roof signs; (f) Snipe signs or any other sign attached to a tree, utility pole, fence post, etc.; (g) Signs on vehicles when the vehicle is parked or placed for the primary purpose of displaying said sign; (h) Inflatable signs; (i) Digital display / LED messaging signs; (j) Wall mounted cabinet signage where the frame or external structure is a box, either in rectangular, square, or similar box like appearance; (k) Feather flag signage; (l) Signage, including non-commercial signage that is placed or encroaches into the right-of-way without a valid encroachment permit or prior approval of the City Engineer or their designee for the purpose of safety or traffic control. CC Page 119 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 9-15.008. Temporary Signs Temporary Signs. Temporary signs are considered non-permanent signage that is located on private property. The following signs are considered temporary, and shall not require a permit provided the standards for each type of temporary sign is met. (a13) Banner or Temporary SignsSigns. Constructed from nonpermanent material, (e.g. paper, canvas, vinyl, etc.). (1i) Maximum Number and Area. Each business may have one (1) banner sign per public street frontage, with a maximum area of forty (40) square feet. (2ii) Limits on Time Displayed. Temporary signs may be in place for a maximum of thirty (30) days. All banners must be down a minimum of sixty (60) days before any new banner may go up. Banners may remain up during the entire permanent sign permit process. (3iii) Placement. Banners must be secured flat against a building or secure structure. (4iv) Exceptions. Nonprofit events shall be exempt from size and number of banners (e.g., farmers market). (b) Portable Signs and A-frame Signs. (1) One (1) portable sign per street frontage. (2) Maximum size of portable sign is not to exceed two (2) feet wide by five (5) feet tall. Minimum height is three (3) feet tall. (3) Portable and A-frame signs must be located on the business’s property. (c) Person Signs. A person attired or decorated with commercial insignia, images, costumes, masks, or other symbols that display either a commercial message with the purpose of drawing attention or advertising for an on premise activity. Such person may or may not be holding a sign. (1) Placement. Persons may not obstruct sidewalks or standing within a designated travelway. A travelway is defined as lane in which a motorized vehicle or bicycle uses for traffic flow. (2) Location. Person sign shall be located on the same property as the business is located. (3) Maximum of one (1) person sign per business or property, whichever is less. (4) Prohibited person signage. The use of animations or any type of lighting, bullhorns, amplified sounds, or other types of signage that can distract drivers, bicyclist, or create a potential hazard. (5) The use of mannequins or similar types of displays used for signage shall be prohibited. (d) Projected Image Signs. Laser lights or projected image signs used to project an image, logo, or other graphic in a building, structure, sidewalk or other surface. Project image signs may be in place a maximum of thirty (30) calendar days and not be utilized for a minimum of sixty (60) days thereafter. Installation of new electrical components shall be consistent with the California Building Code or successor code. (e) Temporary Non-Commercial Signage. Temporary non-commercial signs may be displayed by or with the permission of the property owner based on the following criteria. (1) Time Displayed. Sixty (60) days before and ten (10) days after any official local, state, regional, or national authorized election. Such signage may carry any form of noncommercial message, consistent with this section.A maximum of nine (9) months. Temporary commercial signage must be down a minimum of ninety (90) days before any new non-commercial signage may go up. (2) Sign Area. The maximum allowable sign area is six (6) square feet per sign for yard signage. A maximum of thirty-two (32) square feet for freestanding signs. (3) Height. Maximum height of freestanding signs is five (5) feet. (4) Temporary Non-Commercial signage shall be prohibited in the public right-of-way. CC Page 120 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 (f) Temporary Commercial Signage on Residential Properties. The following are standards for apply for temporary commercial signage placed on residential properties. (1). Aggregate area up to six (6) square feet for residential lots with no frontages on a designated state highway; (2) Aggregate area up to thirty-two (32) square feet for Residential lots with frontages on a designated state highway; (3).Signs must be removed fourteen (14) days after use is no longer required; (4). One (1) sign per street frontage. (5). One (1) sign per state highway frontage. (8g) Off-Site Subdivision Signs. Subdivision tracts of twentyfive (205) or more lots may be permitted to install off-site directional advertising signage subject to the approval of an administrative use permit subject to the following conditions: (i1) The subdivision tract shall be located within the City of Atascadero; (ii2) No more than three (3) signs shall be allowed with a maximum height of fifteenten (1510) feet and sixtyforty (6040) square feet of sign area; (iii3) No flags, banners or other decorations shall be affixed to the sign; (iv4) The signs shall not be illuminated; (v5) All signs shall be located on private property with written permission from the property owner provided to the City; (vi)6) A building permit shall be obtained for the signs; (vii7) The signs shall be removed prior to final occupancy of the last unit in the tract or after a period of three (3) years whichever is less. The applicant may apply annually for a one (1) year time extension for active construction projects. (14) Redevelopment Projects. Any sign program approved and entered into by the Community Redevelopment Agency of Atascadero, so long as the program is otherwise consistent with the General Plan of the City of Atascadero. CC Page 121 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 9-15.005009 Allowed signs.Allowed Signs The following are the types of permanent signage allowed in zoning districts in Table 15-1 in addition to the standards in this subsection and chapter. Table 15-1 – Sign Area and Height Regulations Zoning District Total Aggregate Sign Area (Square Feet) Sign Type Maximum Sign Area (Square Feet) Maximum Sign Height (feet) Special Restriction All Agriculture and Residential Districts N/A Subdivision Identification 36 6 Residential Single Family / Multi-Family Developments of five (5) units or more Home Occupation 4 4 Home Occupations require a valid business license CN, CP, CR, CS, CT, CPK, IP, I 125 and may be divided by using more than one (1) type of sign Awning Sign N/A N/A Building Name Sign 20 N/A Identify the building not the tenant(s). Freeway Sign N/A N/A Refer to Section 9-15.010 Light Pole Signage 8 N/A Refer to section 9-15.009(a)(8) Monument Sign N/A 6 One (1) sign per 200 lineal feet of frontage Multi-Tenant Freestanding Sign 50 12 An additional 10 sf per tenant is allowed for sign area, maximum 100 sf Projecting Sign 15 N/A 8-foot min. height clearance & may encroach into ROW Suspended Sign 15 N/A 8-foot min. height clearance Wall Sign N/A N/A May not exceed one (1) sf per lineal feet of business frontage Window Lettering N/A N/A Not to Exceed 50% of the window area DO, DC 50 and may be divided by using more than one (1) type of sign Awning Sign N/A N/A Building Name Sign 20 N/A Limited to buildings with three (3) or more tenants and identify the building not the tenants. Monument Sign 40 4 Height Measure from natural grade Projected Sign N/A N/A 8-foot min. height clearance & may encroach into ROW CC Page 122 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 Table 15-1 – Sign Area and Height Regulations Zoning District Total Aggregate Sign Area (Square Feet) Sign Type Maximum Sign Area (Square Feet) Maximum Sign Height (feet) Special Restriction Suspended Sign 18 N/A 8-foot min. height clearance & may encroach into ROW Wall Sign N/A N/A May not exceed one (1) sf per lineal feet of business frontage and located below the top of the parapet or roofline Window Lettering 20 N/A Not to exceed 33% of the window area L, LS, P, OS 100 and may be divided by using more than one (1) type of sign Monument Signage 40 10 Height Measure from natural grade Suspended Sign 10 N/A Wall Signage 40 N/A (a) Commercial and Industrial Zones. The aggregate sign square footage allowed per site is one hundred twenty-five (125) square feet. This sign square footage may be divided by using more than one (1) type of sign, provided that the aggregate sign square footage allowed per sign does not exceed the following standards: (1) Wall Sign. One (1) wall sign per building face with public street frontage or parking lot frontage (except those facing a residential zone) per business (up to two (2) businesses at the same location). Maximum size for wall signs may not exceed one (1) square foot per lineal foot of business building frontage or forty (40) square feet, whichever is less. (2) Monument Sign. One (1) monument sign per two hundred (200) lineal feet of public street frontage per site (except streets adjacent to a residential zone). Maximum size of monument sign is not to exceed sixty (60) square feet, and a maximum height of ten six (106) feet from the natural grade. (3) Suspended Sign. One (1) suspended sign, with an aggregate area not exceeding fifteen (15) square feet, and a minimum ground clearance of eight (8) feet or as regulated by the Uniform Sign CodeCalifornia Building Code or successor code. (4) Projecting Sign. One (1) projecting sign with an aggregate area not to exceed fifteen (15) square feet. Minimum ground clearance must be eight (8) feet, or as regulated by the Uniform Sign CodeCalifornia Building Code or successor code. Projecting signs may not be closer than five (5) feet to a public right-of-way. A projecting sign may encroach up to five (5) feet within the public right-of-way with issuance of an encroachment permit. (5) Tenant Sign. Centers with three (3) or more tenants may have one (1) tenant wall sign per business street frontage (except streets adjacent to a residential zone). The aggregate area of tenant signs is not to exceed one (1) square foot per lineal foot of business frontage, or twenty (20) square feet, whichever is less per tenant. Centers may have one (1) center identification monument sign per two hundred (200) lineal feet of street frontage, with a maximum sign area of sixty (60) square feet. M ajor tenants (ten thousand (10,000) square feet or more) may have one hundred fifty percent (150%) more wall CC Page 123 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 sign area. Awning Signage. A logo/insignia or name may be painted, silk-screened, or appliquéd onto the awning. i. Sign Area. The area of signage on an awning shall not exceed fifty percent (50%) of the area of the awning face. ii. Projection and Clearance. Awnings may project a maximum of five (5) feet into the public right-of-way and shall maintain a minimum vertical clearance from the ground of eight (8) feet. A projection into the right-of-way requires issuance of an encroachment permit. iii. Design. Awnings shall be securely attached to the buildings and well maintained. No supports or poles may be located in the public right-of-way. (6) Multi-Tenant Signage. Multi-tenant centers with two (2) or more tenants may have additional signage as specified in this subsection. i. Freestanding Sign. A multi-tenant freestanding sign may be utilized along a designated major or minor arterial road that is directly adjacent to the property. ii. Freestanding Sign Height. Maximum height shall be twelve (12) feet. iii. Sign Area. Maximum sign area of 50 square feet plus an additional ten (10) square feet per tenant for a maximum of 100 square feet. iv. Wall Signage. For tenants greater than 10,000 square feet in size, an additional one hundred and fifty percent (150%) more wall sign area may be permitted. (7) Gas Station Canopies. In addition to the signs allowed above, a maximum of twenty (20) square feet signs, logos and or color banding shall be permitted on no more than two (2) sides of a pump island canopy structure. The remainder of the pump canopy fascia shall be of an architectural treatment consistent with site architecture. (8) Light Pole Signage. A permanent light pole within a parking lot or property may be utilized for temporary banner or signage that does not count towards total aggregate sign area provided the following is followed: i. Minimum Ground Clearance. Eight (8) feet minimum or as required by the California Building Code, whichever is greater. ii. Sign Area. Maximum of six (6) square feet of sign area for each pole. iii. Location. Light Pole signage shall be located on private property. iv. Number of Light Poles. A minimum of one (1) light pole may be utilized. A maximum of twenty-five (25) percent of the total number of light poles within a parking lot. v. Number of Signs. A maximum of two (2) signs per pole. vi. Placement. Temporary signage on poles shall be placed within decorative frames or brackets. vii. Prohibited Types of Signage on Poles. The following shall be prohibited to be placed on light poles: (a). Posting of signage or messages above the height of the light pole structure; (b). Digital display message signs; (c). Internally illuminated signage; (d). Changeable copy signage; (e). Faded, torn, or otherwise damaged signage. (b) Downtown Districts. CC Page 124 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 (1) Applicability. Signs within the downtown zoning districts are subject to all applicable requirements of the City’s Sign Ordinance, except as provided by this section. (2) Design Review. The design, materials, illumination and location of all signs shall be reviewed for consistency with the Downtown Design Guidelines. (3) Maximum Allowed Sign Area. Each business shall be allowed a total of one (1) square foot of sign area per linear foot of the street frontage occupied by the business, with a minimum total of twenty (20) square feet allowed for each business, and a maximum total sign area of fifty (50) square feet. (4) Standards for Specific Types of Signs. (ia) Wall Signs. ai. Maximum Number. Each business may have one (1) wall sign, except corner buildings, which may have two (2). A single facade may have a wall sign or awning sign (subsection (d)(2) of this section), but not both. iib. Height. Wall signs shall be located below the top of the parapet or roofline on single story buildings and below the second floor sill on multi-story buildings. ciii. Placement and Materials. The sign may be painted directly on a wall, formed of individual letters attached to a wall, or consist of a sign panel attached to the wall, provided that the design is consistent with the architectural style and features of the building facade. Internally illuminated “can” signs are not allowed. (bii) Awning Signs. Awning signs may be used instead of allowable wall signs on the same building facade. A logo/insignia or name may be painted, silk-screened, or appliquéd onto the awning. ia. Sign Area. The area of signage on an awning shall not exceed twenty-five percent (25%) of the area of the awning face. iiB. Projection and Clearance. Awnings may project a maximum of five (5) feet into the public right-of-way and shall maintain a minimum vertical clearance from the ground of eight (8) feet. A projection into the right-of-way requires issuance of an encroachment permit. iiic. Design. Awnings shall be securely attached to the buildings and well maintained. No supports or poles may be located in the public right-of-way. Awnings shall complement the building they are attached to. (ciii) Projecting Signs. Projecting signs may be allowed as follows: ai. Maximum Number and Area. Each business within the downtown is allowed a projecting sign in addition to the wall signs allowed by this section. 1. If the projection is two (2) sided, each side of the sign shall be used in the total allowab le area calculation (subsection (c) of this section). ii2. No projecting signs shall exceed nine (9) square feet in area per side. iiib. Projection and Clearance. Projecting signs may extend five (5) feet into the public right - of-way and must maintain a minimum vertical clearance of eight (8) feet. Signage within the City right- of-way requires issuance of an encroachment permit. c. Alternative Use of Decorative Pennants. Decorative individual pennants (not strings of pennants) may be used as an alternative to an allowed projecting sign. Only fabric pennants may be used. The image may be painted, silk-screened or appliquéd on the fabric. Any business logo or insignia shall be included within the total allowable projecting sign area. All decorative pennants shall be well maintained and of professional quality. (ivd) Monument Signs. Uses Buildings occupying over ten thousand (10,000) square feet may be allowed a monument sign in compliance with the Sign Ordinancethat are setback a minimum of ten (10) feet from the edge of sidewalk, in addition to the sign area and types of signs allowed by this section. CC Page 125 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 Maximum size of monument sign is not to exceed sixty forty (6040) square feet, and a maximum height of ten six (106) feet from the natural grade. (ve) Window Graphics. Window graphics shall not exceed twenty percent (20%) of the storefront window area, or twenty (20) square feet, whichever is less. Window graphics are not counted as part of the maximum sign area allowed a business. (vif) Multi-Tenant Directory Signs. Multi-tenant directory signs shall not exceed seventy-two (72) inches per tenant. The multi-tenant directory signs are allowed in addition to the sign area and types of signs allowed by this section, provided that the design is consistent with t he architectural style and features of the building facade. (viig) Building Name Sign. A building name sign shall not exceed twenty (20) square feet. The building name sign shall be limited to buildings with at least three (3) tenants and shall identify t he building, not a business within the building. The building name sign is allowed in addition to the sign area and types of signs allowed by this section, provided that the design is consistent with the architectural style and features of the building facade. (c) Public and Recreation Zones. The following signs are allowed in the P, and L Zones, provided that the aggregate area of signs per site does not exceed one hundred (100) square feet. (1) Wall Sign. One (1) wall sign for each public street frontage for business or tenants with a sign area maximum of ten percent (10%) of the building face or up to a maximum of forty (40) square feet., whichever is less. (2) Suspended Sign. One (1) suspended sign for each public street frontage, with a maximum area of ten (10) square feet for each business or tenant. (3) Monument Sign. One (1) monument sign for each business per three hundred (300) lineal feet of public street frontage. Monument signs may have a maximum sign area of forty (40) square feet, and a maximum height of ten four (410) feet from the natural grade. (d) All Zoning Districts. The following signs may be allowed, either by conditional use permit or administrative use permit, as specified, in all zoning districts. (1) Community Identification Sign. Community identification signs may be allowed, by conditional use permit, on arterial streets entering the City with a maximum area of eighty (80) square feet and a maximum height of twelve (12) feet. Such signs may include the name of the City, name s of civic or religious organizations, and names and locations of City facilities. Such signs shall not contain the names of businesses of commercial products. (2) Information Kiosks. Kiosks for the permanent and/or temporary display of information including community and civic activities, and advertising for local commercial establishments may be allowed. Approval of the size, location, and maintenance requirements for such kiosks shall be established through administrative use permit. (3) Changeable Copy Sign. Approval of the size, location, purpose, design, and content of changeable copy signs shall be by conditional use permit or administrative use permit as provided in Section 9-15.003(d)(7). (4) Public Transit Facilities. At the discretion of the Community Services DirectorPublic Works Director or their designee, advertising signs may be placed on buses and designated bus stop benches used in connection with a public transit program provided by the City of Atascadero. Signs on buses shall be limited to one (1) on each side, neither of which exceeds six (6) square feet. Signs on benches shall be limited to one (1) sign which shall be placed on the back of the bench and which shall not exceed ten (10) inches by thirty-six (36) inches. Additional signs and/or modification signs associated with public transit CC Page 126 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 facilities may be approved through conditional use permit process. (Ord. 499 § 2, 2006; Ord. 400 § 1, 2002; Ord. 376 § 2 (Exh. A), 2000; Ord. 354 § 1, 1998; Ord. 255 § 2, 1992) 9-15.010 Freeway Signs. (6) Freeway Signs. In addition to the signs allowed above, sites located adjacent to Highway 101 or a Highway 101 frontage road may be authorized, through administrative use permit, approval to use a freeway oriented sign as provided below: (ai) Businesses located on freeway frontage of Highway 101, and that are a restaurant, service station, provide lodging, or are a dealer of new automobiles, may have a pole mounted freeway oriented sign with an area not to exceed one (1) square foot of sign area per lineal foot of freeway oriented building frontage up to one hundred fifty (150) square feet, whichever is less. Pole mounted signs shall not exceed fifty (50) feet in height or the minimum height necessary for effective visibility (see Section 9 - 15.00611(c)). (bii) Where the principal use is planned shopping, office or industrial complex with five (5) or more tenants, a building-mounted freeway oriented sign may be allowed with a maximum area not to exceed one (1) square foot for each lineal foot of building frontage up to sixty (60) square feet per principal tenant, whichever is less. (ciii) Where the building area of a single tenant building exceeds ten thousand (10,000) square feet, a building-mounted freeway oriented sign may be allowed with a maximum area not to exceed one (1) square foot for each lineal foot of building frontage up to sixty (60) square feet, whichever is less. (d) Where the building area of a single tenant building is less than ten thousand (10,000) square feet, a building-mounted freeway oriented sign may be allowed with a maximum area of forty (40) square feet with a maximum letter height of fourteen (14) inches. (e) Freeway wall signs shall be constructed of individual three-dimensional letters or logos. Rectangular box or cabinet signs shall not be allowed along the US 101 frontage. Signs may be internally illuminated pan channel letters. 9-15.006011 Exceptions to sign standardsDesign Exceptions. The sign area or other limitations of this chapter may be modified, increased or decreased through approval of an administrative use permit. In reviewing an administrative use permit, the following criteria shall be considered: (a) The need for such signing is based on the purposes set forth in Section 9-15.001; (b) The opportunity to combine signs for more than one (1) use on a single sign structure has been considered; (c) For freeway oriented signs, the sign area and height are the minimum needed to achieve adequate visibility along the freeway due to highway ramp locations and grade differences; and (d) Conformance with all other applicable codes and ordinances of the City, including, but not limited to, the Zoning Ordinance, General Plan and its several elements, and the appearance review guidelines. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.007 Sign construction standards. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) CC Page 127 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 9-15.008012 Sign maintenance and Abandoned Signs. All signs established in this City are subject to this code regarding safety, maintenance, and repair. All signs are to be properly maintained in a safe and legible condition at all times. Any sign that is fifty percent (50%) or more damaged or deteriorated, must be repaired and brought into conformance with this chapter will be presumed to be abandoned as defined in Section 9-15.003007(d)(2). (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.009 Sign permit application package. 9-15.010013 Legal nonconforming Non-conforming signs. The use of a legal nonconforming sign may continue as follows: (a) Free-Standing and Attached Signs. A legal nonconforming sign shall not be: (1) Increased in area; (2) Moved from its location on the effective date of the ordinance codified in this title unless required by law or pursuant to this title; (3) Be provided with increased or intensified lighting; (4) Changed to an advertisement for a business not occupying the premises or a product not sold on the premises. (b) Sign Copy. The advertising copy on a legal nonconforming sign may be changed, except as provided by subsections (a), (c) and (d) of this section. (c) Discontinued Use. If the use of a building or land associated with a legal nonconforming sign is discontinued for a period of three (3) months or more, any signing except for an off -premises sign shall be removed and thereafter conform to the provisions of the chapter. (d) Public Nuisances. Any nonconforming sign which is found to present danger to the public or becomes abandoned due to disrepair or lack of proper maintenance may be declared a public nuisance and abated as set forth in Chapter 9-8 (Enforcement). (e) Destroyed Signs. If a legal nonconforming sign is destroyed to the extent of fifty percent (50%) or more of its replacement cost prior to its destruction by fire, explosion or act of God, i t may be restored only if it is brought into full conformance with the provisions of this chapter. If the sign is damaged to the extent of less than fifty percent (50%) of its replacement cost, it may be restored to its former legal nonconforming status. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.011014 Code Eenforcement. The provisions of this chapter shall be enforced pursuant to Section 9-8.101 et seq., of Title 9. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992 and Title 12, Code Enforcement or its successor code. ) 9-15.012.4 Posting on structures. All signage within the public right-of-way shall be self-supporting and freestanding. No temporary sign shall be posted on any streetlight, utility pole, post, pole, or structure supporting a traffic-control sign or signal, fire hydrant, or similar structures in the public right-of-way. (a) Safety of Placement. Temporary signs posted in the public right-of-way shall meet the following criteria: (1) When located in the Corner Clear Zone, the sign shall not exceed thirty (30) inches in height. CC Page 128 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 (2) Signs shall not obstruct a motorist’s view of pedestrian or vehicular traffic, traffic -control signs, or signals, or otherwise represent a hazard to vehicular or pedestrian traffic. (3) Signs shall not impede a pedestrian’s free use of the sidewalk. (4) Signs shall be securely affixed to the property on which they are placed. (5) Signs may not be posted without the permission of the property owner. (b) No permit nor deposit is required for the posting of temporary signs on public property by the City. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.013015 Private placement.Signage on City Property Any sign placed on property owned by the City of Atascadero, or within the right-of-way of a dedicated public street without the permission of the City may be removed by the City without prior notice. This section shall not be interpreted to violate the First Amendment to the Constitution of the United States. 9-15.016 Substitution Clause Notwithstanding any provision of this section to the contrary, the extent that this section allows a sign containing a commercial message, a non-commercial signage shall be allowed to the same extent. The non-commercial message may occupy the entire sign area or any portion thereof, and may substitute or be combined with the commercial message. The sign message may be changed from commercial to non-commercial message to another, as frequently as desired by the sign’s owner, provided that the sign is not prohibited and the sign continues to comply with all requirements of this section. 9-15.017 Severability Clause If any section, subsection, sentence, clause, or phase of this sign ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this sign ordinance. The City Council of the City of Atascadero hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phases be declared invalid. 9-15.002018 Definitions. For the purposes of this chapter, the following definitions shall apply: (a) Abandoned Signs. A sign is abandoned when for a period of ninety (90) days or more, there is no sign copy appearing on the sign, or where the establishment with which the sign is associated has ceased operation, or where it is relatively clear that the sign has been forsaken or deserted. Any sign which is a conforming sign not in use, but which could be re -used in conjunction with the ownership or operation of a new business on a property, shall not fall under the definition of abandoned. (b) Alteration. Any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign. (c) Animated Sign. A sign with action or motion, rotating, flashing or color changes, excepting therefrom wind actuated elements such as flags, banners, streamers, whirligigs or other similar devices, and public service signs such as time and temperature units. (d) Balloon, Inflatable Signs, or Inflatable Attention-getting Devices. Any air or gas filled device located, attached, or tethered to the ground, site, merchandise, building, or roof and used for the purpose of signage, advertising or attention-getting. CC Page 129 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 (e) Banner. Any sign of lightweight fabric or similar material that is attached to a building or other structure erected for another purpose. Flags, as defined in this section, shall not be considered banners. (f) Building Complex. A building or group of buildings on one (1) or more lots or building sites containing three (3) or more separate businesses or industrial uses and sharing common parking facilities. (g) Building Face. The outermost surface of any exterior wall of a building, but not including cornices, bay windows, balconies, or other architectural features which extend beyond the general outermost surface of such exterior wall. Building Frontage. Building Face that fronts a public street, measured in linear feet from the edge of wall to the edge of wall. Cabinet Sign. Also referred to as “can sign”. A sign that contains all the text and/or logo symbols on the display face of an enclosed cabinet (h) Canopy Sign. Any sign that is part of a projecting awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance or window or outdoor service area, or otherwise attached to a building face. (i) Changeable Copy Sign. A sign with changeable copy, regardless of the method of attachment or the materials of construction. (j) Commercial Speech. Any message, the prevailing thrust of which is to propose a commercial transaction. (k) Commercial Signage. Any sign with wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. (l) Corner Clear Zone. The area at a street corner inscribed by a line drawn between points established by measuring back fifteen (15) feet from the beginning of the curb radius along the curb line, or edge of pavement when there is no curb, and the face of the curb or edge of pavement. Construction. A property that has been issued a building permit by the City of Atascadero for activities related to demolition, remodel, or new construction of a property. Digital Display. The portion of a sign message made up of internally illuminated components capable of changing a message periodically. Digital displays may include but not limited to LCD, LED, plasma, or high intensity displays (hid). (m) Dormer. A structure located above the height of a wall projecting from a sloping roof t hat is enclosed on both sides and top, and does not project above top of the roof structure. (n) Dwelling Unit. Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation. (o) Enforcement Officer. Any City official or agent designated by the City Manager as having authority to enforce the provisions of this article. (p) Flag. A device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, or religion, and not containing a commercial message. (q) Freestanding Sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground which are independent from any building or other structure . This definition may include pole signs, ground signs and monument signs. Feather Flag. Also known as a blade sign, teardrop sign, or similar type of temporary signage that is constructed of cloth, canvas, plastic fabric, or similar lightweight, non-rigid material and that is supported by a single vertical pole mounted into the ground or portable structure. CC Page 130 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 (r) Ground Sign. Any freestanding sign greater than six (6) feet in height and supported wholly by uprights, braces, or poles in or upon the ground and where any supports or angle irons are enclosed in a wood, plastic, metal or other decorative form, such that the angle irons or supports are not visible. The entire bottom of a ground sign is generally in contact or in close proximity to the ground. (s) Height. The height of any sign shall be the measurement from the top of the sign cabinet, including all ornamentation and supports, to the existing grade beneath the sign. (t) Illegal Sign. Any sign placed without all required governmental approval and/or permits at the time such sign was placed or is an existing sign which was not constructed in accordance with the ordinances and other applicable laws in effect on the date of construction, did not receive government approval or permits, or a legal nonconforming sign that has exceeded its authorized amortization period. (u) Illuminated Sign. Any sign employing the use of lighting sources for the purpose of decorating, outlining, accentuating or brightening the sign area. (v) Incidental Sign. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as no parking, entrance, loading only, telephone and other similar directives. A sign that also includes a commercial message is not considered incidental. (w) Institutional. Uses whose primary function is furtherance of the public health, safety and welfare, generally, but not exclusively noncommercial in nature, including, but not limited to the following: hospitals and similar health care facilities, airports, cemeteries, recreational clubs and lodges, museums, theaters and similar cultural institutions, churches and similar religious institutions, detention facilities, fire and police stations, emergency shelters, marinas, parks and similar recreational facilities, schools and similar educational institutions, public utility facilities other than business offices. (x) Legal Nonconforming Sign. A sign which was legal when first erected, with all necessary permits, but due to a change in the law it became nonconforming. Light Pole Signage. A temporary banner or sign that id designed to be attached to a permanent light pole and where the temporary sign element can be changed without modifying the structure. (y) Lot. Any piece or parcel of land or a portion of a subdivision, t he boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership. (z) Lot Frontage. Those portions of a lot or building site which abut a public street. For purposes of determining frontage on corner lots and through lots, all sides of a lot abutting a public street (excluding an alley) shall be considered frontage. (aa) Marquee. A permanent roofed structure attached to and supported by the building and projecting beyond the building face. (bb) Monument Sign. A freestanding sign which is supported by a base which extends the entire length of the sign area and is an integral part of the design. (cc) Multi-Faced Sign. A sign with two or more sign faces where any two sign faces are oriented such that they have an interior angle of greater than forty-five (45) degrees from each other. Murals. A large picture, image (including but not limited to painted art) which is painted, constructed, or affixed directing only a vertical building wall, which may or may not contain text, logos, and/or symbols. May also include a mural sign. (dd) Noncommercial Signage. Any signage which is not determined to be commercial signage, as defined herein. (ee) Noncommercial Speech. Any message which is not determined to be commercial speech as defined herein. CC Page 131 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 (ff) Nonstructural Trim. The molding, battens, caps, nailing strips, lattice, cutouts, or letters and walkways which are attached to the sign structure. (gg) Obscene Signs. Signage when taken as a whole, which to the average person applying contemporary statewide standards, appeals to the prurient interest and as a whole depicts or describes in a patently offensive way sexual conduct which lacks serious literary, artistic, political or scientific value. (hh) Off-Site Commercial Signage. Signage that is not located on the site of the business, accommodations, services, or commercial activity served by the sign. (ii) On-Site Commercial Signage. A sign advertising the business, accommodations, services or commercial activities provided on the site on which the sign is located. (jj) Permanent Sign. Any legal sign designed or used in excess of forty-five (45) days. (kk) Permitted Sign. Signs permitted pursuant to this article. Person Sign. A person, human mascot, sign spinner, or human sign that may be attired or decorated with commercial signage, images, costumes, masks, or other symbols that may display commercial message with the purposes of drawing attention to or advertising for an on premise activity. (ll) Pole Signs. A sign wholly supported by one (1) or more poles and otherwise separated from the ground by air. (mm) Portable Sign or A-frame Sign. Any freestanding, moveable sign. (nn) Prohibited Signs. Signs specified in Section 9-15.003(d)007 of this chapter or any sign not specified in Section 9-15.0058 through 9-15.010, nor in compliance with the design criteria for this chapter. (oo) Projecting Sign. A sign which projects more than twelve (12) inches from the exterior face of a building wall or facade and which uses the building wall as its primary source of support. (pp) Project Entrance Sign. An on-site sign used to identify the name of an apartment housing complex, mobilehome park, condominium subdivision or other residential subdivision. Projected Image Sign. A sign which involves an image projected on the face of a wall, structure, sidewalk, or other surface from a distant electronic device such that the image does not originate from the plan of the wall, structure, sidewalk, or other surface. Pylon Sign. A freestanding sign with visible supporting poles or other foundational structures. (qq) Public Service Sign. A noncommercial sign that provides general information that benefits the public, such as electronic changeable time and temperature units. The renewal of any part of an existing sign for the purpose of its maintenance. (rr) Roof Sign. A sign erected upon or above a roof (angled surface) or a parapet of a building or structure, and not contained within a dormer (flat surface). (ss) Setback Area. The setback area shall be that area defined as the required minimum yard as specified by the Zoning Ordinance for each Zoning District, unless a specific setback is designated within this chapter. (tt) Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public, with the exception of the following: (1) Such devices not exceeding one (1) square foot in area and bearing only property numbers, post box number, names of occupants or other similar identification on a site; (2) Flags and other insignia of any government not displaying a commercial message; (3) Legal notices, identification, informational or directional/traffic controlling devices erected or required by government agencies; (4) Decorative or architectural features of buildings, except letters, trademarks or moving parts; CC Page 132 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 3 (5) Holiday decorations and lights; (6) Government traffic controlling devices are not considered signs for purposes of this chapter due to their distinct purpose. (uu) Sign Area. The entire area contained within the frame, cabinet or fixture, including all ornamentation or decoration used to attract attention. In the case of pole signs, that area above the supporting column, provided such supporting column is not decorated or displayed with advertising. The area of signs painted on walls, individual letter signs, trough signs, and other directly illuminated signs, shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. The area of any two (2) or more faced signs or type signs having any interior angle of more than forty-five (45) degrees (multi-faces signs) shall be the total area of all faces or panels. If all interior angles are forty-five (45) degrees or less, the greatest sized panel or face shall only be counted as the sign area. (vv) Sign Copy. Any words, letters, numbers, figures, designs or other symbolistic representation incorporated into a sign with the purpose of attracting attention to the subject matter. (ww) Sign Face. The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign. (xx) Sign Structure. Any structure that supports or is capable of supporting any sign as defined in this section. A sign structure may be a single pole and may or may not be an integral part of the building. (yy) Site. A lot, or group of contiguous lots, with or without development, in single ownership, or having multiple owners, all of whom join in an application for signage. (zz) Street. A public or private highway, road or thoroughfare which affords the principal means of access to adjacent lots. (Ord. 499 § 2, 2006; Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) CC Page 133 A T A S C A D E R O Signage Handbook City of Atascadero Community Development Department ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 134 The City of Atascadero Signage Ordinance is based on the City’s responsibility to protect the general public’s health, safety and welfare. The spirit of this sign ordinance is based on the City’s desire to protect the economy and aesthetics of the community. The purpose of the sign ordinance is to establish sign regulations that are intended to: ◊ Maintain and improve the aesthetic environment. ◊ Foster the City’s ability to attract sources of economic development and growth. ◊ Encourage the effective use of signs as a means of communication. ◊ Implement quality sign design standards. ◊ Enable fair and consistent enforcement. ◊ Minimize possible adverse impacts of signs to maintain a positive City image. ◊ Enhance traffic safety throughout the City. ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 135 The City of Atascadero Signage Ordinance is based on the City’s responsibility to protect the general public’s health, safety and welfare. The spirit of this sign ordinance is based on the City’s desire to protect the economy and aesthetics of the community. The purpose of the sign ordinance is to establish sign regulations that are intended to: ◊ Maintain and improve the aesthetic environment. ◊ Foster the City’s ability to attract sources of economic development and growth. ◊ Encourage the effective use of signs as a means of communication. ◊ Implement quality sign design standards. ◊ Enable fair and consistent enforcement. ◊ Minimize possible adverse impacts of signs to maintain a positive City image. ◊ Enhance traffic safety throughout the City. A T A S C A D E R O Signage Handbook TABLE OF CONTENTS Preface ................................................................................................................i Table of Contents .............................................................................................ii Sign Design Guidelines ....................................................................................1 Sign Process ......................................................................................................1 Signs Allowed By Zone ....................................................................................2 Sign Types .........................................................................................................4 Appendix .........................................................................................................10 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 136 A T A S C A D E R O Signage Handbook SIGN DESIGN GUIDELINES SIGN PROCESS AND PERMITS ESTABLISH NEED SIGN PERMIT APP PERMIT ISSUED INSTALL SIGN MAINTAIN SIGN Complement color, material, scale, lettering, and lighting is encouraged to complement the surrounding environment and building(s) that the sign address. Character: Signs shall enhance the public realm and aid in the creation of a street’s character. Signs shall not impede pedestrian traffic, block sight lines along roadways, or disturb adjacent residences. Audience: Signs intended for tourists or residents, may impact sign design. Regardless of audience, sign design shall conform to regulations in the sign ordinance. Concise: Information on signs shall be brief, clear, and simple with appropriately sized lettering, and information hierarchy. When appropriate, symbols can be used in place of texts. Size: Signs shall never overpower the building. The sign shall fit comfortably into the architecture of the storefront. Signs shall be mounted in a manner that does not detract from the building. Consistent: Signs shall be internally consistent. If multiple tenants are listed on a single sign or a multi- tenant building, variation should be limited. Timeless: Sign design should convey a timeless character of a street, place, or business. Signs should be designed with durable materials and be well maintained. Illumination: Lighting used with signs shall be focused and minimal. Lighting shall be in scale with the sign and facade. Whether you are an existing business or new to Atascadero, we want to help! Some signs do not require permits, while others do. Please utilize this handbook to determine what types of signs require permits or visit www.atascadero.org/signage or give us a call at (805) 461-5000 to discuss signage with a Staff member. Thinking outside the box? Contact us and we can help make it happen! If you or your sign professional determine you need a sign permit, you can obtain a permit by visiting Historic City Hall or by downloading a signage permit package online at www. atascadero.org/signage. Applicable permit fees will apply. Signage will be reviewed to ensure it meets City Standards and California Building Code, if applicable. Permits are issued and can be picked up at Historic City Hall (6500 Palma Avenue). Signage permits are considered express permits and take approximately 48 hours to process. Permits are valid for 180 days to install signage. After installation, please contact the building inspection hot-line at (805) 466-8099 to make an appointment for a quick inspection to make sure the installation is in compliance with the approved plan. All signs are to be properly maintained in a safe and legible condition at all times. Any sign that is fifty percent (50%) or more damaged or deteriorated, must be repaired and brought into conformance (AMC 9-15.009). ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT: 4 CC Page 137 ITEM NUMBER: C-1 DATE: 08/09/16 ATTACHMENT 5: Reed v. Town of Gilbert Handout PLN 2016-1608 – Sign Ordinance Revisions CC Page 138