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HomeMy WebLinkAboutCC_2016-09-13_Agenda Packet CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, September 13, 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 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. 1 b. Conference with Legal Counsel – Existing Litigation Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Rick Holliday v. City of Atascadero, et.al. San Luis Obispo Court Case No. 16 CVP 0206 c. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 (Number of cases: two) 4. CLOSED SESSION – ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Kelley 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 the first reading, after the motion and before the City Council votes. PRESENTATIONS: 1. Proclamation Recognizing September 5 – 11, 2016, as National Patriotism Week 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 concernin g the 2 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. July 2016 Accounts Payable and Payroll  Fiscal Impact: $4,045,179.07  Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for July 2016. [Administrative Services] 2. ALPS Three Bridges Trailhead Project Construction Award  Fiscal Impact: Award of the contract to ABI General Engineering Inc. will result in the expenditure of $394,498 in budgeted Open Space Acquisition Fees Funds and donation funds.  Recommendations: Council: 1. Authorize the City Manager to execute a construction contract with ABI (Andrew Brown) General Engineering, Inc. for $394,498 to construct the ALPS Three Bridges Trailhead Project; and 2. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. [Public Works] 3. Community Facilities District No. 2016-1 / 2055 El Camino Real (AT 09- 0073)  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.  Recommendation: Council adopt on second reading, by title only, Draft Ordinance A, authorizing the levy of a special tax in CFD No. 2016-1. [Community Development] 4. Designation of Voting Delegate – League of California Cities’ Annual Conference  Fiscal Impact: None.  Recommendation: Council designate Council Member Sturtevant as voting delegate at the Annual Business Meeting of the League of California Cities’ Annual Conference in October 2016, and d irect the City Clerk to inform the League of the designation. [City Clerk] 5. Digital Infrastructure and Video Competition Act (DIVCA) - Proposed Draft Ordinance and Charter Communication INET Agreement  Fiscal Impact: There is no appreciable fiscal impact pertaining to the 5% franchise fee paid to the City. The fiscal impact associated with the cost of INET services previously provided to the City will total approximately $43,500 per year under this three year agreement, which is included in the current technology budget. 3  Recommendations: Council: 1. Introduce for first reading by title only the Draft Ordinance repealing uncodified City Ordinance No. 137 and amending Title 1, Chapter 10 of the Atascadero Municipal Code to add new sections 1 -10.41 and 1-10.42 relating to the Digital Infrastructure and Video Competition Act (DIVCA) and special provisions applicable to holders of state video franchise; and 2. Authorize the City Manager to immediately execute an Agreement for INET services with Charter Communications. [City Manager] 6. Marston’s 101 Restaurant – Request for Deferred Payment of Development Fees  Fiscal Impact: As a result of this agreement, receipt of impact fees would be delayed.  Recommendations: Council: 1. Approve the proposal from H&S Hospitality to defer payment of development fees over a period of five years for construction of the restaurant and banquet facility adjacent to Holiday Inn Express; and 2. Authorize the City Manager to enter into agreements with H&S Hospitality to defer the impact fees over a five year period. [City Manager] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which th e 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. Title 9 Planning and Zoning Text Amendments – Land Use Definitions PLN 2016-1594  Ex-Parte Communications:  Fiscal Impact: The proposed land use definitions revision will have a fiscally positive impact on the City.  Recommendation: The Planning Commission recommends: City Council introduce for first reading, by title only, Draft Ordinance A Amending Title 9 of the Atascadero Municipal Code by Approving PLN 2016 - 1462/ZCH 2013-0168 Zoning Ordinance Code Text Amendments. [Community Development] 4 C. MANAGEMENT REPORTS: 1. Marketing Plan Update 2016  Fiscal Impact: None.  Recommendation: Council receive and file marketing plan update. [City Manager] 2. Centennial Bridge and Plaza Project Update  Fiscal Impact: No fiscal impact with this update.  Recommendation: Council review staff report and attachments and provide any feedback or questions after staff presentation. [Public Works] 3. FY15/16 Measure F-14 Rehabilitation Project Construction Award  Fiscal Impact: The project is included in the adopted FY 2015-2017 budget and is funded with $1,536,850 in Measure F-14 Funding. An additional appropriation of $408,400 from the Sales Tax Measure F -14 Projects Fund balance is necessary to cover potential project shortfalls, but the fund contains adequate reserves to cover the shortfall.  Recommendations: Council: 1. Award the a contract to construct the FY15/16 Measure F -14 Rehabilitation Project (“Project”) to R. Burke Corporation for $1,594,187; and 2. Authorize the City Manager to execute a construction contract with R. Burke Corporation for $1,594,187; and 3. Authorize the City Manager to execute Change Order #1 to substitute the 3/8” Asphalt Rubber Chip Seal on Ca scabel with a Type II Slurry Seal reducing the contract by $115,833.40; and 4. Authorize the Director of Administrative Services to appropriate an additional $408,400 from the Sales Tax Measure F -14 Projects Fund balance; and 5. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the Project. [Public Works] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on t heir own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) 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) 5 I, Lara K. Christensen, Assistant City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the September 13, 2016 Regular Session of the Atascadero City Council was posted on September 7, 2016, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for public review at that location. Signed this 7th day of September, 2016, at Atascadero, California. Lara K. Christensen, Assistant City Clerk City of Atascadero 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) 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 s ubmitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. 6 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and f ourth 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 via 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 relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are 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 re marks 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 presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a pri nted 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 personal 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. 7 ITEM NUMBER: A-1 DATE: 09/13/16 8 V';*813 Atascadero City Council Staff Report -Administrative Services Department July 2016 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable,payroll and payroll vendor checks for July 2016. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 7/14/16 Checks #32883 -32918 $24,489.55 Direct Deposits 295,926.35 Dated 7/28/16 Checks #32919 -32951 20,195.55 Direct Deposits 268,834.31 Accounts Payable Dated 7/01/16-7/31/16 Checks #149487 -149901 &EFTs 2295 -2332 3,435,733.31 TOTAL AMOUNT $4,045,179.07 FISCAL IMPACT: Total expenditures for all funds is $4,045,179.07 CERTIFICATION: The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. rU KrmsfC. Jetf/Rangel,Directed of Administrative Services ATTACHMENT: July 2016 Eden Warrant Register in the amount of $3,435,733.31 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of July 2016 2295 07/01/2016 STATE DISBURSEMENT UNIT 335.08Payroll Vendor Payment 2296 07/01/2016 HEALTHEQUITY, INC.9,888.01Payroll Vendor Payment 2297 07/01/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,177.92Payroll Vendor Payment 2298 07/01/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 37,916.47Payroll Vendor Payment 2299 07/01/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,029.49Payroll Vendor Payment 2300 07/01/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,131.03Payroll Vendor Payment 2301 07/01/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,629.28Payroll Vendor Payment 2302 07/01/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,500.97Payroll Vendor Payment 2303 07/01/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,259.26Payroll Vendor Payment 149487 07/01/2016 ALLIANT INSURANCE SERVICES INC 7,632.10Accounts Payable Check 149488 07/01/2016 DAVID ANASTASIA 360.44Accounts Payable Check 149489 07/01/2016 AVTEC, INC.7,475.74Accounts Payable Check 149490 07/01/2016 CA CITY MANAGEMENT FOUNDATION 400.00Accounts Payable Check 149491 07/01/2016 CA POLICE CHIEF'S ASSC 564.00Accounts Payable Check 149492 07/01/2016 CALIFORNIA JPIA 5,097.00Accounts Payable Check 149493 07/01/2016 CITY OF FRESNO-POLICE DEPT.1,364.00Accounts Payable Check 149494 07/01/2016 NICHOLAS DEBAR 300.00Accounts Payable Check 149495 07/01/2016 PHILIP DUNSMORE 300.00Accounts Payable Check 149496 07/01/2016 BRYAN FINDLAY 179.00Accounts Payable Check 149497 07/01/2016 CHRISTOPHER HALL 179.00Accounts Payable Check 149498 07/01/2016 DANIEL P. HALLER 300.00Accounts Payable Check 149499 07/01/2016 DEBRA K. LEASURE 300.00Accounts Payable Check 149500 07/01/2016 LIEBERT CASSIDY WHITMORE 3,695.00Accounts Payable Check 149501 07/01/2016 LIGHT GUARD SYSTEMS, INC.1,927.80Accounts Payable Check 149502 07/01/2016 GREGG T. MEYER 179.00Accounts Payable Check 149503 07/01/2016 KELLYE R. NETZ 179.00Accounts Payable Check 149504 07/01/2016 PALOMAR SELF STORAGE 270.00Accounts Payable Check 149505 07/01/2016 PROGRESSIVE SOLUTIONS, INC.5,981.51Accounts Payable Check 149506 07/01/2016 JERI RANGEL 300.00Accounts Payable Check 149507 07/01/2016 RACHELLE RICKARD 500.00Accounts Payable Check 149508 07/01/2016 ROLSON MUSIC & SOUND 1,200.00Accounts Payable Check 149509 07/01/2016 TRAINING INNOVATIONS, INC.750.00Accounts Payable Check 2304 07/05/2016 RABOBANK, N.A.65,472.52Payroll Vendor Payment 2305 07/05/2016 EMPLOYMENT DEV DEPARTMENT 19,345.36Payroll Vendor Payment 2306 07/05/2016 EMPLOYMENT DEV. DEPARTMENT 1,849.78Payroll Vendor Payment ITEM NUMBER: A-1 DATE: 09/13/16 9 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of July 2016 149510 07/08/2016 A & R CONSTRUCTION 800.00Accounts Payable Check 149511 07/08/2016 MATTHEW R. AANERUD 120.00Accounts Payable Check 149512 07/08/2016 KATHRYN ACOSTA 120.00Accounts Payable Check 149513 07/08/2016 ADDICTION MEDICINE CONSULTANTS 49.50Accounts Payable Check 149514 07/08/2016 AGP VIDEO, INC.2,350.00Accounts Payable Check 149515 07/08/2016 AIRFLOW FILTER SERVICE, INC.307.67Accounts Payable Check 149516 07/08/2016 ALL SIGNS AND GRAPHICS, LLC 835.92Accounts Payable Check 149517 07/08/2016 ALTHOUSE & MEADE, INC.1,303.78Accounts Payable Check 149518 07/08/2016 AMERICAN MARBORG 107.25Accounts Payable Check 149519 07/08/2016 AMERICAN WEST TIRE & AUTO INC 1,700.60Accounts Payable Check 149520 07/08/2016 ANTECH DIAGNOSTICS 402.24Accounts Payable Check 149521 07/08/2016 KELLY AREBALO 120.00Accounts Payable Check 149522 07/08/2016 AT&T 224.19Accounts Payable Check 149523 07/08/2016 AT&T 204.51Accounts Payable Check 149524 07/08/2016 ATASCADERO HAY & FEED 504.16Accounts Payable Check 149526 07/08/2016 ATASCADERO MUTUAL WATER CO.20,316.65Accounts Payable Check 149527 07/08/2016 ATASCADERO YOUTH FOOTBALL 810.00Accounts Payable Check 149528 07/08/2016 ATASCADERO YOUTH SOCCER ASSC 330.00Accounts Payable Check 149529 07/08/2016 AUDUBON NATURE INSTITUTE 91.39Accounts Payable Check 149530 07/08/2016 AURORA WORLD, INC.392.96Accounts Payable Check 149531 07/08/2016 TERRIE BANISH 121.66Accounts Payable Check 149532 07/08/2016 BARRY-OWEN CO., INC.110.30Accounts Payable Check 149533 07/08/2016 BASSETT'S CRICKET RANCH,INC.576.47Accounts Payable Check 149534 07/08/2016 BATTERY SYSTEMS, INC.34.56Accounts Payable Check 149535 07/08/2016 BERRY MAN, INC.531.35Accounts Payable Check 149536 07/08/2016 BETH WONSON CONSULTING 300.00Accounts Payable Check 149537 07/08/2016 DEBRA R. BREWER 24.50Accounts Payable Check 149538 07/08/2016 LORI BRICKEY 22.84Accounts Payable Check 149539 07/08/2016 AARON BROWN 120.00Accounts Payable Check 149540 07/08/2016 SHIRLEY R. BRUTON 582.00Accounts Payable Check 149541 07/08/2016 BURT INDUSTRIAL SUPPLY 805.99Accounts Payable Check 149542 07/08/2016 BURTON'S FIRE, INC.1,108.19Accounts Payable Check 149543 07/08/2016 C3 CONSTRUCTION & DEVELOPMENT 4,264.05Accounts Payable Check 149544 07/08/2016 CA BUILDING STANDARDS COMM.138.60Accounts Payable Check 149545 07/08/2016 CA CODE CHECK, INC.6,985.14Accounts Payable Check 149546 07/08/2016 CA CONSERVATION CORP 8,400.00Accounts Payable Check 149547 07/08/2016 CALPORTLAND COMPANY 1,559.90Accounts Payable Check ITEM NUMBER: A-1 DATE: 09/13/16 10 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of July 2016 149548 07/08/2016 JIM CAMPANA 119.99Accounts Payable Check 149549 07/08/2016 JASON F. CARR 120.00Accounts Payable Check 149550 07/08/2016 CENTRAL COAST R & R LOCK 32.40Accounts Payable Check 149551 07/08/2016 CHARLES PRODUCTS, INC.186.94Accounts Payable Check 149552 07/08/2016 CHEVRON & TEXACO BUS. CARD 862.76Accounts Payable Check 149553 07/08/2016 CITIG, INC.4,987.50Accounts Payable Check 149554 07/08/2016 CITY OF ATASCADERO 467.30Accounts Payable Check 149555 07/08/2016 TIMOTHY CLEAVER 200.00Accounts Payable Check 149556 07/08/2016 COAST LINE DISTRIBUTING 1,219.47Accounts Payable Check 149557 07/08/2016 COASTAL REPROGRAPHIC SERVICES 986.85Accounts Payable Check 149558 07/08/2016 NICHOLAS E. COUGHLIN 120.00Accounts Payable Check 149559 07/08/2016 CRYSTAL SPRINGS WATER 151.60Accounts Payable Check 149560 07/08/2016 CT INTERNATIONAL 142.56Accounts Payable Check 149561 07/08/2016 MATTHEW J. CURRY 160.00Accounts Payable Check 149562 07/08/2016 RONALD R. DALZELL, D.V.M.45.00Accounts Payable Check 149563 07/08/2016 CALEB M. DAVIS 120.00Accounts Payable Check 149564 07/08/2016 DEPARTMENT OF CONSERVATION 613.12Accounts Payable Check 149565 07/08/2016 DEPARTMENT OF JUSTICE 612.00Accounts Payable Check 149566 07/08/2016 DEPARTMENT OF TRANSPORTATION 2,599.88Accounts Payable Check 149567 07/08/2016 DIRT DESIGNS 1,724.00Accounts Payable Check 149568 07/08/2016 DIVERSIFIED PROJECT SERVICES 5,980.00Accounts Payable Check 149569 07/08/2016 DIVISION OF STATE ARCHITECT 50.10Accounts Payable Check 149570 07/08/2016 DOCUTEAM 132.53Accounts Payable Check 149571 07/08/2016 MONICA DOMINGUEZ 109.19Accounts Payable Check 149572 07/08/2016 KELLI M. DOWNS 1,960.00Accounts Payable Check 149573 07/08/2016 ELECTRICRAFT, INC.4,969.71Accounts Payable Check 149574 07/08/2016 RYAN ENFANTINO 120.00Accounts Payable Check 149575 07/08/2016 ESCUELA DEL RIO 630.00Accounts Payable Check 149576 07/08/2016 FASTENAL COMPANY 228.04Accounts Payable Check 149577 07/08/2016 FERGUSON ENTERPRISES, INC.497.18Accounts Payable Check 149578 07/08/2016 FGL ENVIRONMENTAL 186.00Accounts Payable Check 149579 07/08/2016 BRYAN FINDLAY 120.00Accounts Payable Check 149580 07/08/2016 FOOD FOR LESS 111.02Accounts Payable Check 149581 07/08/2016 GAS COMPANY 569.48Accounts Payable Check 149582 07/08/2016 ANDREW J. GEFTAKYS 140.00Accounts Payable Check 149583 07/08/2016 GEM AUTO PARTS 531.17Accounts Payable Check 149584 07/08/2016 GILBERT'S LANDSCAPES 632.91Accounts Payable Check ITEM NUMBER: A-1 DATE: 09/13/16 11 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of July 2016 149585 07/08/2016 GOLDING CONCRETE SAWING 1,200.00Accounts Payable Check 149586 07/08/2016 HEATHER GREEN 28.00Accounts Payable Check 149587 07/08/2016 BRADLEY A. HACKLEMAN 767.70Accounts Payable Check 149588 07/08/2016 CHRISTOPHER HALL 120.00Accounts Payable Check 149589 07/08/2016 HANSEN BRO'S CUSTOM FARMING 12,977.58Accounts Payable Check 149590 07/08/2016 ROCHELLE O. HANSON 120.00Accounts Payable Check 149591 07/08/2016 HART IMPRESSIONS PRINTING 351.09Accounts Payable Check 149592 07/08/2016 HELIXSTORM, INC.1,122.00Accounts Payable Check 149593 07/08/2016 CHRISTOPHER HESTER 120.00Accounts Payable Check 149594 07/08/2016 ANN HOCHSTETLER 120.00Accounts Payable Check 149597 07/08/2016 HOME DEPOT CREDIT SERVICES 5,803.40Accounts Payable Check 149598 07/08/2016 CHRIS HOREJSI 165.21Accounts Payable Check 149599 07/08/2016 HOT FOCUS, INC.141.77Accounts Payable Check 149600 07/08/2016 HYPERTEC DIRECT 2,155.85Accounts Payable Check 149601 07/08/2016 INGLIS PET HOTEL 686.99Accounts Payable Check 149602 07/08/2016 INHOUSE SECURITY SERVICE, LLC 620.00Accounts Payable Check 149603 07/08/2016 J & S STRIPING COMPANY, INC.34,142.78Accounts Payable Check 149604 07/08/2016 JIFFY LUBE 39.09Accounts Payable Check 149605 07/08/2016 KABOOM INSTANT RODENT CONTROL 225.00Accounts Payable Check 149606 07/08/2016 LINDSAY KLEIN 9.32Accounts Payable Check 149607 07/08/2016 WADE S. KNOWLES 120.00Accounts Payable Check 149608 07/08/2016 KPRL 1230 AM 320.00Accounts Payable Check 149609 07/08/2016 KW CONSTRUCTION 10,500.00Accounts Payable Check 149610 07/08/2016 L.N. CURTIS & SONS 60.41Accounts Payable Check 149611 07/08/2016 LAUTZENHISER'S STATIONARY 293.35Accounts Payable Check 149612 07/08/2016 SHELLY LEBARGE 275.00Accounts Payable Check 149613 07/08/2016 LEE WILSON ELECTRIC CO. INC 4,576.82Accounts Payable Check 149614 07/08/2016 LIFE ASSIST, INC.496.40Accounts Payable Check 149615 07/08/2016 ANDREW M. LUCAS 120.00Accounts Payable Check 149616 07/08/2016 MADRONE LANDSCAPES, INC.395.00Accounts Payable Check 149617 07/08/2016 MARTIN & CHAPMAN CO.26.36Accounts Payable Check 149618 07/08/2016 BECKY MAXWELL 27.71Accounts Payable Check 149619 07/08/2016 MCGEES RESTAURANT & CATERING 270.00Accounts Payable Check 149620 07/08/2016 MEDPOST URGENT CARE-PASO ROBLE 223.00Accounts Payable Check 149621 07/08/2016 GREGG T. MEYER 120.00Accounts Payable Check 149622 07/08/2016 MIKE DEAN'S MOBILE AUTO REPAIR 780.19Accounts Payable Check 149624 07/08/2016 MINER'S ACE HARDWARE 1,064.06Accounts Payable Check ITEM NUMBER: A-1 DATE: 09/13/16 12 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of July 2016 149625 07/08/2016 MATTHEW J. MIRANDA 60.00Accounts Payable Check 149626 07/08/2016 MISSION UNIFORM SERVICE 503.02Accounts Payable Check 149627 07/08/2016 VOID 0.00Accounts Payable Check 149628 07/08/2016 BRETT MOBLEY 120.00Accounts Payable Check 149629 07/08/2016 RAYMOND ROBERT MOLLE 120.00Accounts Payable Check 149630 07/08/2016 REON C MONSON 144.00Accounts Payable Check 149631 07/08/2016 LANDON MORTIMER 162.00Accounts Payable Check 149632 07/08/2016 MULLAHEY CDJR 88.24Accounts Payable Check 149633 07/08/2016 SHANNON NEALL 120.00Accounts Payable Check 149634 07/08/2016 KELLYE R. NETZ 120.00Accounts Payable Check 149635 07/08/2016 NORTH COAST ENGINEERING INC.75.52Accounts Payable Check 149636 07/08/2016 OFFICE DEPOT INC.740.79Accounts Payable Check 149637 07/08/2016 ORANGE DOG CAFE 25.00Accounts Payable Check 149638 07/08/2016 ANJANETTE ORDONEZ 120.00Accounts Payable Check 149639 07/08/2016 TARA ORLICK 63.72Accounts Payable Check 149640 07/08/2016 RON OVERACKER 120.00Accounts Payable Check 149642 07/08/2016 PACIFIC GAS AND ELECTRIC 24,685.58Accounts Payable Check 149643 07/08/2016 PARADISE COALITION, INC.1,020.00Accounts Payable Check 149644 07/08/2016 ROBIN K. PENDLEY 180.00Accounts Payable Check 149645 07/08/2016 PENGUIN RANDOM HOUSE, LLC 208.71Accounts Payable Check 149646 07/08/2016 PETTY CASH-FINANCE DEPARTMENT 426.95Accounts Payable Check 149647 07/08/2016 PETTY CASH-POLICE DEPARTMENT 350.94Accounts Payable Check 149648 07/08/2016 PHILLIPS INTERNATIONAL, INC.839.76Accounts Payable Check 149649 07/08/2016 SCOTT E. PIPAN 120.00Accounts Payable Check 149650 07/08/2016 PRINTPAL PROMOTIONS & PRINTING 84.76Accounts Payable Check 149651 07/08/2016 PROCARE JANITORIAL SUPPLY,INC.945.83Accounts Payable Check 149652 07/08/2016 PROMOLOCKER, INC.740.00Accounts Payable Check 149653 07/08/2016 PRW STEEL SUPPLY, INC.538.78Accounts Payable Check 149654 07/08/2016 RECOGNITION WORKS 48.60Accounts Payable Check 149655 07/08/2016 ROB DAVIS CONSTRUCTION 7,700.00Accounts Payable Check 149656 07/08/2016 SAMUEL RODRIGUEZ 120.00Accounts Payable Check 149657 07/08/2016 REBECCA ROMERO 120.00Accounts Payable Check 149658 07/08/2016 ERIN RUSSELL 120.00Accounts Payable Check 149659 07/08/2016 SAN LUIS POWERHOUSE, INC.455.53Accounts Payable Check 149660 07/08/2016 MICHELE SCHAMBER 120.00Accounts Payable Check 149661 07/08/2016 SCHLEGEL SAND, GRAVEL, & LAND 1,972.15Accounts Payable Check 149662 07/08/2016 SCOTT O'BRIEN FIRE & SAFETY CO 625.92Accounts Payable Check ITEM NUMBER: A-1 DATE: 09/13/16 13 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of July 2016 149663 07/08/2016 DIEGO SEGOVIA 120.00Accounts Payable Check 149664 07/08/2016 SERVICE SYSTEMS ASSC, INC.4,000.00Accounts Payable Check 149665 07/08/2016 SHELL 832.26Accounts Payable Check 149666 07/08/2016 THE SHERWIN-WILLIAMS COMPANY 182.30Accounts Payable Check 149667 07/08/2016 SHORIN-RYU KARATE 224.00Accounts Payable Check 149668 07/08/2016 RYAN SLOAN 120.00Accounts Payable Check 149669 07/08/2016 SMART AND FINAL 153.74Accounts Payable Check 149670 07/08/2016 MARY P. SMITH 54.00Accounts Payable Check 149671 07/08/2016 SOUTH COAST EMERGENCY VEH SVC 233.36Accounts Payable Check 149672 07/08/2016 SPEAKWRITE, LLC.467.08Accounts Payable Check 149673 07/08/2016 CONNER M. SPEARS 3,080.00Accounts Payable Check 149674 07/08/2016 BRUCE ST. JOHN 5.00Accounts Payable Check 149675 07/08/2016 STANLEY CONVERGENT SECURITY 1,422.72Accounts Payable Check 149676 07/08/2016 STEVEN STUCKY 120.00Accounts Payable Check 149677 07/08/2016 SUNLIGHT JANITORIAL, INC.1,668.00Accounts Payable Check 149678 07/08/2016 SUPERIOR CRANE & TRANSPORT 1,064.00Accounts Payable Check 149679 07/08/2016 SYNERGY DATABASE SOLUTIONS LLC 281.25Accounts Payable Check 149680 07/08/2016 CALLIE TAYLOR 44.28Accounts Payable Check 149681 07/08/2016 JOHN W. TAYLOR 120.00Accounts Payable Check 149682 07/08/2016 TESCO CONTROLS, INC.2,015.85Accounts Payable Check 149683 07/08/2016 THESTEELXBURT 75.00Accounts Payable Check 149684 07/08/2016 THRIVE TRAINING CENTER 60.38Accounts Payable Check 149685 07/08/2016 JANET TINGLEY 567.00Accounts Payable Check 149686 07/08/2016 AYLA TOMAC 120.00Accounts Payable Check 149687 07/08/2016 TRACE ANALYTICS, LLC 332.00Accounts Payable Check 149688 07/08/2016 TY, INC.363.12Accounts Payable Check 149689 07/08/2016 UNITED STAFFING ASSC., INC.2,395.76Accounts Payable Check 149690 07/08/2016 URGENT CARE OF ATASCADERO 490.00Accounts Payable Check 149691 07/08/2016 USA BLUE BOOK 1,282.62Accounts Payable Check 149692 07/08/2016 IWINA M. VAN BEEK 80.00Accounts Payable Check 149693 07/08/2016 RENE VASQUEZ 120.00Accounts Payable Check 149694 07/08/2016 VERDIN 474.80Accounts Payable Check 149695 07/08/2016 VERIZON WIRELESS 2,063.95Accounts Payable Check 149696 07/08/2016 VERIZON WIRELESS-VSAT 3.00Accounts Payable Check 149697 07/08/2016 MATT VIERRA 174.14Accounts Payable Check 149698 07/08/2016 VILLAGE ORIGINALS, INC.832.31Accounts Payable Check 149699 07/08/2016 WALLACE GROUP 2,650.50Accounts Payable Check ITEM NUMBER: A-1 DATE: 09/13/16 14 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of July 2016 149700 07/08/2016 WARM FUZZY TOYS 123.21Accounts Payable Check 149701 07/08/2016 WELL SEEN SIGN CO., LLC 48.60Accounts Payable Check 149702 07/08/2016 BRIAN WESTERMAN 606.58Accounts Payable Check 149703 07/08/2016 WEX BANK - 76 UNIVERSL 14,084.83Accounts Payable Check 149704 07/08/2016 WHITLOCK & WEINBERGER TRANS.20,648.03Accounts Payable Check 149705 07/08/2016 WHYTAL PACIFIC 982.80Accounts Payable Check 149706 07/08/2016 WILDLIFE EDUCATION LTD 112.37Accounts Payable Check 149707 07/08/2016 JEFF WILSHUSEN 120.00Accounts Payable Check 149708 07/08/2016 WINE COUNTRY BALANCE 445.00Accounts Payable Check 149709 07/08/2016 WISHPETS CO.154.16Accounts Payable Check 149710 07/08/2016 KAREN B. WYKE 679.50Accounts Payable Check 149711 07/08/2016 ZOO MED LABORATORIES, INC.122.89Accounts Payable Check 149712 07/11/2016 ATASCADERO CHAMBER OF COMMERCE 44,050.00Accounts Payable Check 149713 07/11/2016 ATASCADERO COLONY DAYS COMMITT 96.00Accounts Payable Check 149714 07/11/2016 GUY L. BUDD 300.00Accounts Payable Check 149715 07/11/2016 CALIFORNIA JPIA 796,545.00Accounts Payable Check 149716 07/11/2016 CHEVRON & TEXACO BUS. CARD 156.48Accounts Payable Check 149717 07/11/2016 CRYSTAL SPRINGS WATER 73.00Accounts Payable Check 149718 07/11/2016 MICHAEL R. KEENEY II 300.00Accounts Payable Check 149719 07/11/2016 MISSION UNIFORM SERVICE 15.00Accounts Payable Check 149720 07/11/2016 ROLSON MUSIC & SOUND 800.00Accounts Payable Check 149721 07/11/2016 SHELL 129.98Accounts Payable Check 149722 07/11/2016 STANLEY CONVERGENT SECURITY 525.00Accounts Payable Check 149723 07/14/2016 ATASCADERO MID MGRS ORG UNION 30.00Payroll Vendor Payment 149724 07/14/2016 ATASCADERO POLICE OFFICERS 1,186.25Payroll Vendor Payment 149725 07/14/2016 ATASCADERO PROF. FIREFIGHTERS 864.25Payroll Vendor Payment 149726 07/14/2016 HARTFORD LIFE INSURANCE 9,927.00Payroll Vendor Payment 149727 07/14/2016 ICMA-RC 125.00Payroll Vendor Payment 149728 07/14/2016 NATIONWIDE RETIREMENT SOLUTION 1,497.07Payroll Vendor Payment 149729 07/14/2016 NAVIA BENEFIT SOLUTIONS 1,626.28Payroll Vendor Payment 149730 07/14/2016 SEIU LOCAL 620 950.82Payroll Vendor Payment 149731 07/14/2016 VANTAGEPOINT TRNSFR AGT 106099 329.05Payroll Vendor Payment 149732 07/14/2016 VANTAGEPOINT TRNSFR AGT 304633 3,379.60Payroll Vendor Payment 2307 07/15/2016 STATE DISBURSEMENT UNIT 335.08Payroll Vendor Payment 2308 07/15/2016 HEALTHEQUITY, INC.8,088.01Payroll Vendor Payment ITEM NUMBER: A-1 DATE: 09/13/16 15 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of July 2016 2309 07/19/2016 RABOBANK, N.A.64,809.60Payroll Vendor Payment 2310 07/19/2016 EMPLOYMENT DEV DEPARTMENT 18,099.10Payroll Vendor Payment 2311 07/19/2016 EMPLOYMENT DEV. DEPARTMENT 1,809.97Payroll Vendor Payment 2312 07/22/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,527.67Payroll Vendor Payment 2313 07/22/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 38,073.18Payroll Vendor Payment 2314 07/22/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,048.05Payroll Vendor Payment 2315 07/22/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,219.94Payroll Vendor Payment 2316 07/22/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,805.00Payroll Vendor Payment 2317 07/22/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,459.61Payroll Vendor Payment 2318 07/22/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,740.72Payroll Vendor Payment 149733 07/22/2016 ALLSTATE WORKPLACE DIVISION 2,522.19Payroll Vendor Payment 149734 07/22/2016 ANTHEM BLUE CROSS HEALTH 142,458.83Payroll Vendor Payment 149735 07/22/2016 LINCOLN NATIONAL LIFE INS CO 1,416.64Payroll Vendor Payment 149736 07/22/2016 MEDICAL EYE SERVICES 1,759.23Payroll Vendor Payment 149737 07/22/2016 PREFERRED BENEFITS INSURANCE 9,464.30Payroll Vendor Payment 149738 07/22/2016 A & R CONSTRUCTION 9,445.00Accounts Payable Check 149739 07/22/2016 AGM CALIFORNIA, INC.120.00Accounts Payable Check 149740 07/22/2016 ALL SIGNS AND GRAPHICS, LLC 959.04Accounts Payable Check 149741 07/22/2016 ALTHOUSE & MEADE, INC.2,463.75Accounts Payable Check 149742 07/22/2016 AMERICAN WEST TIRE & AUTO INC 2,864.59Accounts Payable Check 149743 07/22/2016 ATASCADERO UNIFIED SCHOOL DIST 3,195.00Accounts Payable Check 149744 07/22/2016 KEITH R. BERGHER 45.00Accounts Payable Check 149745 07/22/2016 BIG RED MARKETING, INC.7,500.00Accounts Payable Check 149746 07/22/2016 GREGORY BROWN 61.50Accounts Payable Check 149747 07/22/2016 TORI BROWN-HEILMANN 71.50Accounts Payable Check 149748 07/22/2016 BURKE,WILLIAMS, & SORENSON LLP 18,298.44Accounts Payable Check 149749 07/22/2016 CAL-COAST REFRIGERATION, INC 249.19Accounts Payable Check 149750 07/22/2016 CALPORTLAND COMPANY 487.58Accounts Payable Check 149751 07/22/2016 KATE CAPELA 12.53Accounts Payable Check 149752 07/22/2016 CHARLES PRODUCTS, INC.350.22Accounts Payable Check 149753 07/22/2016 CHARTER COMMUNICATIONS 1,391.75Accounts Payable Check 149754 07/22/2016 LARA CHRISTENSEN 162.24Accounts Payable Check 149755 07/22/2016 CITIG, INC.3,067.50Accounts Payable Check 149756 07/22/2016 CLEVER CONCEPTS, INC.2,000.00Accounts Payable Check 149757 07/22/2016 CORELOGIC SOLUTIONS, LLC.125.00Accounts Payable Check 149758 07/22/2016 CRYSTAL SPRINGS WATER 228.35Accounts Payable Check ITEM NUMBER: A-1 DATE: 09/13/16 16 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of July 2016 149759 07/22/2016 TYSEN A. DELKENER 80.00Accounts Payable Check 149760 07/22/2016 DEPARTMENT OF FORESTRY & FIRE 228.48Accounts Payable Check 149761 07/22/2016 DIVERSIFIED PROJECT SERVICES 7,417.50Accounts Payable Check 149762 07/22/2016 MONICA DOMINGUEZ 34.89Accounts Payable Check 149763 07/22/2016 EARTH SYSTEMS PACIFIC 2,252.00Accounts Payable Check 149764 07/22/2016 ECS IMAGING, INC.3,441.79Accounts Payable Check 149765 07/22/2016 EL CAMINO VETERINARY HOSP 1,971.50Accounts Payable Check 149766 07/22/2016 AUSTIN E. ERB 44.00Accounts Payable Check 149767 07/22/2016 BRANDON S. ERICKSON 120.00Accounts Payable Check 149768 07/22/2016 BRAD ERNST 61.50Accounts Payable Check 149769 07/22/2016 ESCUELA DEL RIO 510.00Accounts Payable Check 149770 07/22/2016 FARM SUPPLY COMPANY 64.66Accounts Payable Check 149771 07/22/2016 FGL ENVIRONMENTAL 18,968.00Accounts Payable Check 149772 07/22/2016 FLUID RESOURCE MANAGEMENT,INC.12,800.00Accounts Payable Check 149773 07/22/2016 FP MAILING SOLUTIONS 343.44Accounts Payable Check 149774 07/22/2016 GILBERT'S LANDSCAPES 407.91Accounts Payable Check 149775 07/22/2016 HYPERTEC DIRECT 14,295.82Accounts Payable Check 149776 07/22/2016 J. CARROLL CORPORATION 1,170.29Accounts Payable Check 149777 07/22/2016 ZACHARIAH JACKSON 1,469.92Accounts Payable Check 149778 07/22/2016 K PENCE CONSULTING 1,610.00Accounts Payable Check 149779 07/22/2016 SUSAN KING 24.58Accounts Payable Check 149780 07/22/2016 KSBY-TV 3,350.00Accounts Payable Check 149781 07/22/2016 L.N. CURTIS & SONS 254.69Accounts Payable Check 149782 07/22/2016 LARRY'S LIGHTING AND ELECTRIC 269.00Accounts Payable Check 149783 07/22/2016 THOMAS LITTLE 577.02Accounts Payable Check 149784 07/22/2016 MADRONE LANDSCAPES, INC.965.00Accounts Payable Check 149785 07/22/2016 RILEY A. METE 208.00Accounts Payable Check 149786 07/22/2016 MID-STATE CONCRETE PRODUCTS 7,127.85Accounts Payable Check 149787 07/22/2016 MINER'S ACE HARDWARE 40.00Accounts Payable Check 149788 07/22/2016 MISSION UNIFORM SERVICE 56.70Accounts Payable Check 149789 07/22/2016 MMASC 140.00Accounts Payable Check 149790 07/22/2016 HEATHER MORENO 79.38Accounts Payable Check 149791 07/22/2016 MOTOROLA SOLUTIONS, INC.34,836.48Accounts Payable Check 149792 07/22/2016 KATIE MULDER 70.41Accounts Payable Check 149793 07/22/2016 MV TRANSPORTATION, INC.10,232.72Accounts Payable Check 149794 07/22/2016 NBS 12,690.17Accounts Payable Check 149795 07/22/2016 NORTH COAST ENGINEERING INC.8,723.16Accounts Payable Check ITEM NUMBER: A-1 DATE: 09/13/16 17 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of July 2016 149796 07/22/2016 OFFICE DEPOT INC.783.09Accounts Payable Check 149797 07/22/2016 ONTRAC 21.93Accounts Payable Check 149799 07/22/2016 PACIFIC GAS AND ELECTRIC 29,731.56Accounts Payable Check 149800 07/22/2016 PROCARE JANITORIAL SUPPLY,INC.861.26Accounts Payable Check 149801 07/22/2016 RICK ENGINEERING COMPANY 26,800.44Accounts Payable Check 149802 07/22/2016 JAMES STEVEN ROBINSON DVM 10,000.00Accounts Payable Check 149803 07/22/2016 SAMUEL RODRIGUEZ 179.00Accounts Payable Check 149804 07/22/2016 SANDY'S COMMUNICATIONS 27,266.08Accounts Payable Check 149805 07/22/2016 SLO COUNTY SHERIFF'S OFFICE 318.00Accounts Payable Check 149806 07/22/2016 SPECTRUM REACH 1,944.00Accounts Payable Check 149807 07/22/2016 CATHERINE STALEY 61.50Accounts Payable Check 149808 07/22/2016 STAPLES CREDIT PLAN 54.49Accounts Payable Check 149809 07/22/2016 STATE BOARD OF EQUALIZATION 1,132.00Accounts Payable Check 149810 07/22/2016 SUNLIGHT JANITORIAL, INC.1,700.00Accounts Payable Check 149816 07/22/2016 U.S. BANK 39,421.88Accounts Payable Check 149817 07/22/2016 ULTREX BUSINESS PRODUCTS 236.75Accounts Payable Check 149818 07/22/2016 UNITED STAFFING ASSC., INC.1,400.26Accounts Payable Check 149819 07/22/2016 VALLEY PACIFIC PETROLEUM SVCS 85.05Accounts Payable Check 149820 07/22/2016 IWINA M. VAN BEEK 322.00Accounts Payable Check 149821 07/22/2016 VERDIN 4,687.70Accounts Payable Check 149822 07/22/2016 VERIZON WIRELESS 30.24Accounts Payable Check 149823 07/22/2016 WELL SEEN SIGN CO., LLC 48.60Accounts Payable Check 149824 07/22/2016 BRANDON J. WELLS 165.00Accounts Payable Check 149825 07/22/2016 WEST COAST AUTO & TOWING, INC.1,225.59Accounts Payable Check 149826 07/22/2016 RON WILLIAMS 608.00Accounts Payable Check 149827 07/22/2016 ZOO MED LABORATORIES, INC.414.66Accounts Payable Check 149828 07/22/2016 ALL SIGNS AND GRAPHICS, LLC 395.28Accounts Payable Check 149829 07/22/2016 AMERICAN WEST TIRE & AUTO INC 170.55Accounts Payable Check 149830 07/22/2016 ATASCADERO HAY & FEED 2,039.17Accounts Payable Check 149831 07/22/2016 ATASCADERO NEWS 79.90Accounts Payable Check 149832 07/22/2016 BASSETT'S CRICKET RANCH,INC.388.64Accounts Payable Check 149833 07/22/2016 KEITH R. BERGHER 146.25Accounts Payable Check 149834 07/22/2016 BERRY MAN, INC.495.38Accounts Payable Check 149835 07/22/2016 BMI 336.00Accounts Payable Check 149836 07/22/2016 CA HIGHWAY PATROL 874.56Accounts Payable Check 149837 07/22/2016 CALLYO 1,080.00Accounts Payable Check 149838 07/22/2016 CHRISTOPHER M. CARNES 44.00Accounts Payable Check ITEM NUMBER: A-1 DATE: 09/13/16 18 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of July 2016 149839 07/22/2016 CENTRAL COAST R & R LOCK 16.20Accounts Payable Check 149840 07/22/2016 CENTRAL COAST TOURISM COUNCIL 425.00Accounts Payable Check 149841 07/22/2016 CENTRAL NEBRASKA PACKING, INC.6,907.52Accounts Payable Check 149842 07/22/2016 CHARTER COMMUNICATIONS 69.98Accounts Payable Check 149843 07/22/2016 CITY OF SAN LUIS OBISPO 4,000.00Accounts Payable Check 149844 07/22/2016 CLEVER CONCEPTS, INC.5,000.00Accounts Payable Check 149845 07/22/2016 COBAN TECHNOLOGIES, INC.644.60Accounts Payable Check 149846 07/22/2016 ALEXANDER J. COOPER 44.00Accounts Payable Check 149847 07/22/2016 CRYSTAL SPRINGS WATER 36.60Accounts Payable Check 149848 07/22/2016 CT INTERNATIONAL 476.28Accounts Payable Check 149849 07/22/2016 MATTHEW J. CURRY 160.00Accounts Payable Check 149850 07/22/2016 DEEP BLUE INTEGRATION, INC.135.00Accounts Payable Check 149851 07/22/2016 TYSEN A. DELKENER 40.00Accounts Payable Check 149852 07/22/2016 EL CAMINO VETERINARY HOSP 55.92Accounts Payable Check 149853 07/22/2016 AUSTIN E. ERB 44.00Accounts Payable Check 149854 07/22/2016 BRANDON S. ERICKSON 60.00Accounts Payable Check 149855 07/22/2016 EXECUTIVE INFORMATION SERVICES 26,532.45Accounts Payable Check 149856 07/22/2016 FARM SUPPLY COMPANY 439.25Accounts Payable Check 149857 07/22/2016 GEM AUTO PARTS 112.92Accounts Payable Check 149858 07/22/2016 GRAND CENTRAL MUSIC & CONSERV 300.00Accounts Payable Check 149859 07/22/2016 J. CARROLL CORPORATION 1,688.57Accounts Payable Check 149860 07/22/2016 JIFFY LUBE 60.13Accounts Payable Check 149861 07/22/2016 LARRY'S LIGHTING AND ELECTRIC 65.00Accounts Payable Check 149862 07/22/2016 LAYNE LABORATORIES, INC.1,655.10Accounts Payable Check 149863 07/22/2016 RILEY A. METE 104.00Accounts Payable Check 149864 07/22/2016 MID-COAST MOWER & SAW, INC.24.70Accounts Payable Check 149865 07/22/2016 MINER'S ACE HARDWARE 92.82Accounts Payable Check 149866 07/22/2016 MISSION UNIFORM SERVICE 197.08Accounts Payable Check 149867 07/22/2016 NBS 6,270.65Accounts Payable Check 149868 07/22/2016 NOWDOCS INTERNATIONAL, INC.717.12Accounts Payable Check 149869 07/22/2016 OFFICE DEPOT INC.621.23Accounts Payable Check 149870 07/22/2016 MARTIN E. PARIS 300.00Accounts Payable Check 149871 07/22/2016 PASO ROBLES SAFE & LOCK, INC.120.00Accounts Payable Check 149872 07/22/2016 PROXIMA PARADA, LLC.300.00Accounts Payable Check 149873 07/22/2016 PRP COMPANIES 1,546.11Accounts Payable Check 149874 07/22/2016 RECOGNITION WORKS 97.20Accounts Payable Check 149875 07/22/2016 THE RIGHT ANGLE, INC.20,790.12Accounts Payable Check ITEM NUMBER: A-1 DATE: 09/13/16 19 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of July 2016 149876 07/22/2016 ROLSON MUSIC & SOUND 800.00Accounts Payable Check 149877 07/22/2016 VOID 0.00Accounts Payable Check 149878 07/22/2016 SAN LUIS POWERHOUSE, INC.5,574.71Accounts Payable Check 149879 07/22/2016 SANTA LUCIA SPORTSMEN ASSC INC 201.60Accounts Payable Check 149880 07/22/2016 SCOTT O'BRIEN FIRE & SAFETY CO 223.60Accounts Payable Check 149881 07/22/2016 JOHN C. SIEMENS 228.20Accounts Payable Check 149882 07/22/2016 SMART AND FINAL 64.71Accounts Payable Check 149883 07/22/2016 SPECTRUM REACH 321.00Accounts Payable Check 149884 07/22/2016 STANLEY CONVERGENT SECURITY 526.82Accounts Payable Check 149885 07/22/2016 STATE WATER RES CONTROL BOARD 690.00Accounts Payable Check 149886 07/22/2016 STATEWIDE TRAFFIC SAFETY&SIGNS 1,102.90Accounts Payable Check 149887 07/22/2016 THE TRIBUNE 215.28Accounts Payable Check 149888 07/22/2016 UNITED STAFFING ASSC., INC.1,050.19Accounts Payable Check 149889 07/22/2016 SABRINA T. VAN BEEK 96.00Accounts Payable Check 149890 07/22/2016 WEST COAST AUTO & TOWING, INC.75.00Accounts Payable Check 2319 07/28/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 510,111.00Payroll Vendor Payment 2320 07/28/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 698,021.00Payroll Vendor Payment 2321 07/28/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 45.00Payroll Vendor Payment 2322 07/28/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 9.00Payroll Vendor Payment 2323 07/28/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 60.00Payroll Vendor Payment 149891 07/28/2016 ATASCADERO MID MGRS ORG UNION 30.00Payroll Vendor Payment 149892 07/28/2016 ATASCADERO POLICE OFFICERS 1,186.25Payroll Vendor Payment 149893 07/28/2016 ATASCADERO PROF. FIREFIGHTERS 864.25Payroll Vendor Payment 149894 07/28/2016 EMPLOYMENT DEV. DEPARTMENT 348.00Payroll Vendor Payment 149895 07/28/2016 HARTFORD LIFE INSURANCE 9,427.00Payroll Vendor Payment 149896 07/28/2016 NATIONWIDE RETIREMENT SOLUTION 311.44Payroll Vendor Payment 149897 07/28/2016 NAVIA BENEFIT SOLUTIONS 1,576.28Payroll Vendor Payment 149898 07/28/2016 NAVIA BENEFIT SOLUTIONS 70.00Payroll Vendor Payment 149899 07/28/2016 SEIU LOCAL 620 941.63Payroll Vendor Payment 149900 07/28/2016 VANTAGEPOINT TRNSFR AGT 106099 329.05Payroll Vendor Payment 149901 07/28/2016 VANTAGEPOINT TRNSFR AGT 304633 3,429.60Payroll Vendor Payment 2324 07/29/2016 STATE DISBURSEMENT UNIT 335.08Payroll Vendor Payment 2325 07/29/2016 HEALTHEQUITY, INC.5,738.01Payroll Vendor Payment 2326 07/29/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,370.60Payroll Vendor Payment 2327 07/29/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 37,479.31Payroll Vendor Payment 2328 07/29/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,043.75Payroll Vendor Payment ITEM NUMBER: A-1 DATE: 09/13/16 20 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of July 2016 2329 07/29/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,219.94Payroll Vendor Payment 2330 07/29/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,125.10Payroll Vendor Payment 2331 07/29/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,736.63Payroll Vendor Payment 2332 07/29/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,284.98Payroll Vendor Payment $3,435,733.31 ITEM NUMBER: A-1 DATE: 09/13/16 21 ITEM NUMBER: A-2 DATE: 09/13/16 Atascadero City Council Staff Report – Public Works Department ALPS Three Bridges Trailhead Project Construction Award RECOMMENDATIONS: Council: 1. Authorize the City Manager to execute a construction contract with ABI (Andrew Brown) General Engineering, Inc. for $394,498 to construct the ALPS Three Bridges Trailhead Project; and 2. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. REPORT IN BRIEF: The Atascadero Land Preservation Society (ALPS) Three Bridges Trailhead Project Plans, Specifications and Estimates were completed, and the project was advertised for public bid. Multiple contractors submitted bids, with a low bid of $394,498 for the construction work. ALPS has completed the trail development work on the adjacent 103 acre property, with the intention of opening the trails to the public in the Spring of 2017. If the construction contract is authorized, the City will begin construction in October, a nd expects that construction will be substantially complete prior to the opening of the ALPS trails. DISCUSSION: Background: In May 2011, the Atascadero Land Preservation Society (ALPS) purchased the Three Bridges Oak Preserve property from the Davis fa mily for $780,000. Since that time, ALPS has worked to fulfill their vision of developing a trail system for hikers, equestrians, and non-motorized bicycles. Currently, ALPS intends to open the trail system to the public in the Spring of 2017, with trail access to the ALPS site via a path under the Highway 41 bridge, connecting to the Three Bridges Trailhead on Carmelita Road. 22 1»13 ITEM NUMBER: A-2 DATE: 09/13/16 Initially, ALPS intended to include the construction of a small trailhead parking area as a part of their trail project work. However, during the process of designing the trailhead, it became clear that ALPS grant funds of $58,000 identified in the Na tural Resources Agency grant for trailhead improvements would not be sufficient to cover the proposed improvements. In January 2015, City Council authorized City staff to appropriate $500,000 in Open Space Acquisition Funds to design and construct the trailhead parking area and related emergency access road on City property (APN 055-161-003) within the Carmelita Road right-of-way. In exchange for the City constructing the trailhead improvements, ALPs recorded a Deed of Conservation Open Space and Tree Preservation Easement ensuring that the 103 acre ALPS Three Bridges site is preserved as open space in perpetuity. Also in January 2015, the proposed trailhead design was reviewed and approved by the City Council. Since that time, the City hired a consultant (Eikhoff Design Group) to complete the Plans, Specifications and Estimates, and advertised and received bids for construction of the Trailhead Access and Parking Area. Additionally, permits have been issued by Caltrans, the Regional Water Quality Control Board, and US Department of Fish & Wildlife for work on the trailhead project. During project construction, inconvenience is expected to be minimal for the three adjacent property owners. The contractor will be required to maintain existing utility services to the greatest extent possible, and City staff will work with contractor to minimize impediments to access driveways. These property owners are aware of this project and will be updated with a detailed construction schedule prior to work beginning. Since Carmelita Road does not allow vehicles through -access to the site from San Gabriel Road, vehicles will be routed via Monita R oad to Sierra Vista Road to Andrita Road to Casanova Road to Carmelita Road. During the design development phase of the project, the City received comments concerning this curvy access route. An analysis of existing street signage and striping was completed by City staff to address these conditions, and offsite striping and signage improvements are included in the work scope for this project. Analysis: The project was advertised for a minimum of 30 days, starting July 22, 2016, with the bid opening August 25, 2016. Multiple bids were received, ranging from $394,498 to $479,720. The low bid of $394,498 was received from ABI General Engineering, Inc. All bids were reviewed for accuracy and compliance with the City of Atascadero bidding requirements and it is determined that ABI is the most responsive bidder. The project is included in the adopted FY 2015-2017 budget and is funded with $558,000 through a combination of monies from the Open Space Acquisition Fees Fund and a Donation from the Atascadero Land Preservation Society. Conclusion: Staff recommends that the City Council authorize the City Manager to execute a contract with ABI General Engineering, Inc. in the amount of $394,498 for construction of the ALPS Three Bridges Trailhead Project. 23 ITEM NUMBER: A-2 DATE: 09/13/16 FISCAL IMPACT: Award of the contract to ABI General Engineering Inc. will result in the expenditure of $394,498 in budgeted Open Space Acquisition Fees Funds and donation funds. The following table shows budgeted funding sources and projected expenditures for the project. BUDGET Open Space Acquisition Fees Fund (Appropriated 1/27/2015) 500,000 Donation from Atascadero Land Preservation Society 58,000 Total Funding: $ 558,000 EXPENDITURES Design and Bid Phase 36,840 Construction Contract 394,500 Inspection / Testing / Construction Administration @ 10% 39,450 Contingency @ 20% 78,900 Total Estimated Expenditure: $ 549,690 Estimated Project Net (Deficit): $ 8,310 ALTERNATIVES: Council may reject staff’s recommendation and direct staff to rebid the project. However, Staff believes the City received favorable bids and does not recommend this alternative. ALPS is also nearing completion of the Three Bridges trail system, and intends to open the trails to the public in April/May of 2017. If no trailhead has been constructed by that time, trail users will have limited options for parking and access. ATTACHMENTS: 1. Bid Summary 2. Location Map 3. Trailhead Site Plan 24 ITEM NUMBER: A-2 DATE: 09/13/16 ATTACHMENT: 1 25 ITEM NUMBER: A-2 DATE: 09/13/16 ATTACHMENT: 2 Overall project access, trailhead & trail plan 26 ACCESS ROUTE Parking Staging Area ITrail Crosses under highway bridge Oak Trail (Hikers,Mt.Bikes, Equestrians)_ ALPS FUEL BREAK (Proposed 2015) Madrone Trail (Hikers Only) COUNTY FUEL BREAK (Proposed 2015-16) Alvarado Rd 1 inch =200 feetLegend Trail Head Atascadero Creek Highway4,CITY OF ATASCADEROPavedStreets ALPS Project Site ALPS Trail Trail Head Access Route Madrone Trail Oak Trail ALPS Fuel Break County Fuel Break ITEM NUMBER: A-2 DATE: 09/13/16 ATTACHMENT: 3 27 ITEM NUMBER: A-3 DATE: 09/13/16 Atascadero City Council Staff Report – Community Development Department Community Facilities District No. 2016-1 2055 El Camino Real (AT 09-0073) RECOMMENDATION: Council adopt on second reading, by title only, Draft Ordinance A, authorizing the levy of a special tax in CFD No. 2016-1. DISCUSSION: 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”)”. At the August 9, 2016, City Council meeting, a special election was held. The election was successful and the City Council adopted resolution declaring the results of the election and introduced an ordinance for first reading authorizing the levy of a special tax within CFD No. 2016-1. 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. ATTACHMENTS: 1. Draft Ordinance A - authorizing the levy of a special tax in CFD 2016-1. 28 ITEM NUMBER: A-3 DATE: 09/13/16 ATTACHMENT: 1 ATTACHMENT 1: 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. 2016-01 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. 29 ITEM NUMBER: A-3 DATE: 09/13/16 ATTACHMENT: 1 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. 30 ITEM NUMBER: A-3 DATE: 09/13/16 ATTACHMENT: 1 INTRODUCED at a regular meeting of the City Council held on August 9, 2016, 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 31 ITEM NUMBER: A-3 DATE: 09/13/16 ATTACHMENT: 1 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 collect ed 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 he rein, 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 Speci al Taxes. “Administrator” means the City Manager of the City of Atascadero, or his or her designee. “Assessor” means the Assessor of the County 32 ITEM NUMBER: A-3 DATE: 09/13/16 ATTACHMENT: 1 “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. 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 1 st of any year to and including the following June 30th. 33 ITEM NUMBER: A-3 DATE: 09/13/16 ATTACHMENT: 1 “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 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 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. 34 ITEM NUMBER: A-3 DATE: 09/13/16 ATTACHMENT: 1 B. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CF D 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: 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 35 ITEM NUMBER: A-3 DATE: 09/13/16 ATTACHMENT: 1 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 Ite ms (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 Req uirement 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) As sessor’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 36 ITEM NUMBER: A-3 DATE: 09/13/16 ATTACHMENT: 1 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. 37 ITEM NUMBER: A-4 DATE: 09/13/16 Atascadero City Council Staff Report – City Clerk Designation of Voting Delegate - League of California Cities’ Annual Conference RECOMMENDATION: Council designate Council Member Sturtevant as voting delegate at the Annual Business Meeting of the League of California Cities’ Annual Conference in October 2016, and direct the City Clerk to inform the League of the designation. DISCUSSION: This year’s League of California Cities’ Annual Conference is scheduled for Wednesday, October 5th through Friday, October 7th, in Long Beach. One very important aspect of the Annual Conference is the Annual Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in their efforts to improve the quality, responsiveness and vitality of local government in California. Each City Council is asked to designate a voting representative who will be present at the Annual Business Meeting. The Council may also appoint an alternate for the voting delegate, if they desire. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. Council Member Sturtevant will be attending the annual conference and would be available to serve as delegate. FISCAL IMPACT: None ATTACHMENTS: None 38 FOUNDfO t»79|"7 ITEM NUMBER: A-5 DATE: 09/13/16 Atascadero City Council Staff Report - City Manager’s Office Digital Infrastructure and Video Competition Act (DIVCA) Proposed Draft Ordinance and Charter Communications INET Agreement RECOMMENDATIONS: Council: 1. Introduce for first reading, by title only, the Draft Ordinance repealing uncodified City Ordinance No. 137 and amending Title 1, Chapter 10 of the Atascadero Municipal Code to add new sections 1-10.41 and 1-10.42 relating to the Digital Infrastructure and Video Competition Act (DIVCA) and special provisions applicable to holders of state video franchise; and 2. Authorize the City Manager to immediately execute an Agreement for INET services with Charter Communications. DISCUSSION: The City of Atascadero previously held a local cable television/video provider franchise agreement with Charter Communications which expired in July, 2016. Since the enactment of the state franchise known as “DIVCA”, all local franchise holders are required to move to the state franchise once their local franchise agreements expire. The City no longer has authority to require a local franchise agreement from any cable operator. The Digital Infrastructure and Video Competition Act of 2006 The state franchise, formally known as the Digital Infrastructure and Video Competition Act of 2006 (DIVCA) was signed by Governor Schwarzenegger on September 29, 2006 and it became effective January 1, 2007. DIVCA is now the official franchise of the state and as local agreements expire, all entities are required to move under the state 39 rlfWIFT ITEM NUMBER: A-5 DATE: 09/13/16 franchise. Under DIVCA, cities still have some limited authority to maintain local control over cable operators within their jurisdiction. DIVCA allows for the collection of a franchise fee of 5% of gross revenues, which matches the amount collected under our previously held local franchise agreement. It provides for the continued carriage of Public/Educational/Government (PEG) channels as well as the ability to collect PEG fees in the amount of up to 1% of gross revenues. With the passage of this draft ordinance, the council may elect to implement via a Resolution the PEG fee at a future date; this fee was not previously included in the City’s local franchise agreement and has not previously been charged to Atascadero cable subscribers. PEG fees may be used for the purchase of capital equipment related to broadcasting of public meetings and events, such as broadcasting equipment, but cannot be used to pay for broadcasting operations. The ordinance will implement the City’s authority in relation to franchise fees, PEG access, the authority to examine Charter’s records, and penalties for violation of federal customer service standards. In order to comply with the state franchise requirements and to secure its franchise authority and funding as permitted by DIVCA, staff recommends adoption of the proposed ordinance. The required change to the State Franchise agreement also affects services provided by Charter to the City. All City facilities are connected via a series of fiber optic cables, creating a fiber network which is also known as a fiber INET. This fiber INET allows all City facilities to have access to necessary computer network functionality with minimal network latency (delay). The City’s INET has been provided by Charter at no charge under the previous local franchise agreement. With the expiration of the local franchise agreement and as set forth in the state DIVCA, local cable television and INET services are no longer provided free of charge to the City. Staff has negotiated an agreement with Charter for a modified level of these services to be provided to the City under a new business account. The fees for this service were anticipated and are reflected in the current budget. Charter owns and operates the only available INET for City use and therefore falls under Section III of the Purchasing Policy for Proprietary Goods. FISCAL IMPACT: There is no appreciable fiscal impact pertaining to the 5% franchise fee paid to the City, which is already in effect, therefore levels would be comparable to those being received in recent years. The fiscal impact associated with the cost of INET services previously provided to the City will total approximately $43,500 per year under this three year agreement, which is included in the current technology budget. 40 ITEM NUMBER: A-5 DATE: 09/13/16 ALTERNATIVES: 1. Council could choose not to adopt the ordinance, or to provide direction to staff to revise the ordinance. 2. Council could choose not to authorize the City Manager to execute an Agreement with Charter Business for INET services. This would result in the loss of internet and intranet connectivity to the City effective September 16, 2016. ATTACHMENTS: 1. Draft DIVCA Ordinance 41 ITEM NUMBER: A-5 DATE: 09/13/16 ATTACHMENT: 1 DRAFT ORDINANCE AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING TITLE 1, CHAPTER 10 OF THE ATASCADERO MUNICIPAL CODE BY RESCINDING THE CABLE FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS AND ADDING NEW SECTIONS 1-10.41 AND 1-10.42 RELATING TO THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT (DIVCA), AND PROVIDING FOR SPECIAL PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISE. WHEREAS, the local cable television franchise agreement between the City of Atascadero and Charter Communications expired in July, 2016; and WHEREAS, the legislature of the State of California adopted the Digital Infrastructure and Video Compliance Act of 2006 (“DIVCA”), which became effective on January 1, 2007; and WHEREAS, DIVCA establishes a regulatory structure for the California Public Utilities Commission (CPUC) to be the exclusive authority to issue franchises to video service providers throughout the State of California; and WHEREAS, DIVCA establishes limited authority of local entities, such as the City of Atascadero, over state franchise holders; and WHEREAS, the City of Atascadero desires to exercise that authority and to facilitate the implementation of DIVCA by setting forth regulations for the provision of video service by state franchise holders within the City of Atascadero, in accordance with the requirements set forth in DIVCA. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. The purpose of this ordinance is to rescind the cable television franchise agreement with Charter Communications and align the Municipal Code to the state video franchising laws (Digital Infrastructure and Video Competition Act – DIVCA). Ordinance No. 137 of the City of Atascadero, which ordinance is uncodified, is hereby repealed. Ordinance No. 137 governed the cable television franchise agreement between the City and Charter Communications, successor-in-interest to Falcon Cable TV Systems Company; which ordinance was a successor ordinance to County of San Luis Obispo Ordinance 1202 enacted in 1971. 42 ITEM NUMBER: A-5 DATE: 09/13/16 ATTACHMENT: 1 This ordinance implements authority granted to cities under the new state law in relation to franchise fees; funding for public, education and governmental access (PEG); PEG access channels and interconnection; the authority to audit state video franchisees; violation of customer service standards; activation of the emergency alert system; and notice to the city of state franchise application and amendments to exiting state franchises SECTION 2. Title 1, Chapter 10 of the Atascadero Municipal Code is amended by adding a new Section 1-10.41 to read as follows: Section 1-10.41. Fee for support of Peg Access Facilities and Activities A. By resolution of the City Council, a fee paid to the City may be established for the support of public, educational, and governmental access (“PEG”) facilities and activities within the City. Unless a higher percentage is authorized by applicable state or federal law, this fee shall be an amount up to one percent (1%) of a Cable operator’s gross annual cable service revenues, as that term is defined in the State Digital Infrastructure and Video Competition Act of 2006 (“DIVCA”) or federal law. This fee is also applicable to any Cable operator holding a State video franchise and operating within the City, which shall pay to the City on an amount up to one percent (1%) of its gross revenues derived from the provisions of video services within the City. The term “gross revenues” shall be defined as set forth in the Public Utilities Code section 5860. If a PEG fee is established, the City acknowledges that its existing Cable operator, Charter Communications, requires ninety days’ notice to implement the 1% PEG fee. B. Once implemented by the City, the PEG fee established by this section shall be remitted quarterly to the City and must be received not later than 45 days after the end of the preceding calendar quarter. The fee payment shall be accompanied by a summary that describes all sources of the gross revenues upon which the fee is based and explains the basis for the calculation of the fee; which summary and explanation must be verified by the responsible financial officer or employee of the Cable operator. SECTION 3. Title 1, Chapter 10 of the Atascadero Municipal Code is amended by adding a new Section 1-10.42 to read as follows: Section 1-10.42. Special Provisions Applicable to Holders of State Video Franchises A. Franchise Fee. A Cable operator holding a state video franchise (“State Video Franchise Holder”) and operating in the City shall pay to the City a franchise fee that is equal to five percent (5%) of the gross revenues of that State Video Franchise Holder. The term “gross revenues” shall be defined as set forth in Public Utilities Code section 5860. The first remittance of this franchise fee payment to the City shall be made within 45 days after the calendar quarter that ends not less than 180 days after the State Video Franchise Holder commences to provide video service in the City. Thereafter, the franchise fee payments shall be remitted to the City within 45 days after the end of each quarter. All remittances shall be made to the City and shall be accompanied by a summary that describes all sources of the gross revenues upon which the fee is based and explains the basis for the calculation of the fee; which summary and explanation must be verified by 43 ITEM NUMBER: A-5 DATE: 09/13/16 ATTACHMENT: 1 the responsible financial officer or employee of the Cable operator. B. Audit Authority. Not more than once annually, the City Manager or the City Manager’s designee may examine and perform an audit of the business records of a State Video Franchise holder to ensure compliance with all applicable statutes and regulations related to the computation and payment of franchise fees and any PEG fees established pursuant to the authority of Section 1-10.41 of this Code. C. Customer Service Penalties under State Video Franchises. a. Any State Video Franchise Holder providing service in the City shall comply with all applicable State and federal customer service protection standards pertaining to the provision of video service. b. The City shall monitor a State Video Franchise Holder’s compliance with State and federal customer service and protection standards. The City will provide to the State Video Franchise Holder written notice of any material breaches of applicable customer service and protection standards, and will allow the State Video Franchise Holder 30 days from receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to the following monetary penalties to be imposed by the City in accordance with State law: i. For the first occurrence of a violation, a monetary penalty of $500 shall be imposed for each day the violation remains in effect, not to exceed $1500 for each violation. ii. For a second violation of the same nature within twelve months, a monetary penalty of $1000 shall be imposed for each day the violation remains in effect, not to exceed $3000 for each violation. iii. For a third or further violation of the same nature within twelve months, a monetary penalty of $2500 shall be imposed for each day the violation remains in effect, not to exceed $7500 for each violation. c. A State Video Franchise Holder may appeal a monetary penalty assessed by the City. Such appeal must be filed no later than 60 days after the date of mailing of notification of the penalty or the right of appeal shall be deemed waived. After relevant evidence and testimony is received, and staff reports submitted, the City Council will vote to either uphold or vacate the monetary penalty. The City Council’s decision on the imposition of a monetary penalty shall be final. D. City Response to State Video Franchise Applications. a. Applicants for state video franchises within the boundaries of the City must concurrently provide to the City complete copies of any applications or amendments to applications filed with the California Public Utilities Commission. 44 ITEM NUMBER: A-5 DATE: 09/13/16 ATTACHMENT: 1 Once complete copy must be provided to the City Manager. b. The City will provide any appropriate comments to the California Public Utilities Commission regarding an application or an amendment to an application for a state video franchise. E. Public, Educational, and Governmental Channel Capacity and Capital funding. A State Video Franchise Holder that uses the public rights-of-way shall designate sufficient capacity on its network to enable the carriage of up to 3 public, educational, and governmental (“PEG”) access channels. The City shall provide ninet y days’ notice to its existing Cable operator, Charter Communications, prior to activation of an additional PEG channel. a. PEG access channels shall be for the exclusive use of the City and its designees to provide PEG programming. b. Advertising, underwriting, or sponsorship recognition may be carried on the PEG access channels for the purpose of funding PEG-related activities. c. The PEG access channels shall be carried on the basic service tier; provided, however, that if the technology used eliminates the basic service tier, then all PEG access channels shall be placed on the cable system in a manner equivalent to local over-the-air broadcast stations. d. To the extent feasible, the PEG access channels shall not be separated numerically from other channels carried on the basic service tier, and the channel numbers for the PEG access channels shall be the same channel numbers used by the incumbent cable operator, Charter Communications, unless prohibited by federal law or otherwise agreed to by the City. After the i nitial designation of the PEG access channels, the channel numbers shall not be changed without written consent of the City unless the change is required by federal law. e. Each PEG access channel shall be capable of carrying a National Television System Committee television signal. F. Interconnection. Where technically feasible, a State Video Franchise Holder and an incumbent cable operator shall negotiate in good faith to interconnect their networks for the purpose of providing PEG access channel programming. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. State Video Franchise Holders and incumbent cable operators shall provide interconnection of the PEG access channels on reasonable terms and condition and may not with hold the interconnection. If a State Video Franchise Holder and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the City may require the incumbent cable operator to allow the State Video Franchise Holder to interconnect its network with the incumbent’s network at a technically feasible point on the holder’s network as identified by the State Video Franchise Holder. If no technically- feasible point for interconnection is available, the State Video Franchise Holder shall 45 ITEM NUMBER: A-5 DATE: 09/13/16 ATTACHMENT: 1 make an interconnection available to the channel originator and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by the State Video Franchise Holder requesting the interconnection unless otherwise agreed to by the parties. G. Emergency Alert System and Emergency Overrides. A State Video Franchise Holder must comply with the Emergency Alert system requirements of the Federal Communications Commission in order that the emergency messages may be distributed over the State Video Franchise Holder’s network. Provisions in the prior City-issued franchises authorizing the City to provide local emergency notifications shall remain in effect, and shall apply to all State Video Franchise Holders in the City. SECTION 4. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause this ordinance to be published. SECTION 5. This ordinance shall become effective upon its publication. 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. 46 ITEM NUMBER: A-5 DATE: 09/13/16 ATTACHMENT: 1 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 By:_______________________________ Tom O’Malley, Mayor ATTEST: _________________________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: __________________________________________ Brian A. Pierik, City Attorney 47 ITEM NUMBER: A-6 DATE: 09/13/16 Atascadero City Council Staff Report – City Manager’s Office Marston’s 101 Restaurant Request for Deferred Payment of Development Fees RECOMMENDATIONS: Council: 1. Approve the proposal from H&S Hospitality to defer payment of development fees over a period of five years for construction of the restaurant and banquet facility adjacent to Holiday Inn Express; and 2. Authorize the City Manager to enter into agreements with H&S Hospitality to defer the impact fees over a five year period . DISCUSSION: Background: In 2003, West Front Village was approved by City Council as a General Plan Amendment with a Master Plan of Development. The project is a horizontal mixed - use development consisting of office, retail, restaurant, and hotel areas located along West Front Avenue and a residential component located off Portola Avenue . The latest addition to the Master Plan, a restaurant and banquet room known as Marston’s 101 is now complete. The property owner, Amar Sohi, who also owns Holiday Inn Express, is asking if there is a possibility to defer the impact fees. The Proposal The City of Atascadero collects development impact fees at the time of building completion (Occupancy). Now that the Marston’s 101 restaurant building is complete, the impact fees were due before the City could grant final building occupancy. The development impact fees for this project are $56,500.05. Due to unforeseen costs of the development of the new restaurant and banquet room, the developer has sent the City a letter requesting a deferral of payment for development fees. This request is attached (Attachment 1). 48 ITEM NUMBER: A-6 DATE: 09/13/16 The developer is proposing that the City allow the payment of development fees to be spread out over five years. Specifically, the request is to:  Amortize payments of the development fees of $56,500.05 over 5 years at 1.175% interest.  The interest rate being suggested is based on the last quarter’s (June 201 6) yield on the City’s investment pool.  Full payment would be made in five years. Payments would be approximately $11,700 annually, with an approximate balance of $11,717 due at five years.  The note would be secured with a second deed of trust, behind the construction loan.  Since the developer has already paid the impact fees in order to open the business on time, the City would refund the developer the amounts paid and finance the amount over five years as outlined above. While this proposal would result in a delay of payment for development fees, the new restaurant will generate sales tax revenue and is an important supplement to the adjacent hotel. Sales taxes from visitors’ spending money in the community and from potential new businesses in the area will increase the annual revenues. FISCAL IMPACT: As a result of this agreement, receipt of impact fees would be delayed . Because these fees will be paid over time, the development fees will not be immedia tely available. However, the interest charged is expected to yield a neutral fiscal impact to the City. The restaurant and banquet facility is expected to bring an overall increase in revenue to the General Fund. ALTERNATIVES: 1. Accept the developer’s request for assistance with modifications. 2. Deny the developer’s request for assistance. 3. Request more information from the developer and/or staff. ATTACHMENTS: 1. Letter of Request from H&S Hospitality 2. Draft Agreement with H&S Hospitality 3. Draft Deed of Trust 4. Draft Promissory Note 49 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 1 50 HoiWay Inn Express &Suites of Atascodero 9010 West Front Road Arascadpro ,CA 93*22 Hofidaylnn Express t;805.462.0200 f:805.462.0201 1.BOO.HOIIDAV ATASCADERO July 27,2016 To Whom it May Concern: This is in regards lo the newly constructed Restaurant and Meeting Space located at 9006 & 9008 West Front Rd.,north of the Holiday Inn Express &Suites of Atascadero.H &S Hospitality,LLC is both the owner of this building and the Holiday Inn lixpress &Suites.1 1 & S Hospitality,LLC is requesting a deferral of all capital impact fees and payments at the current interest rate;the same privilcdgc City of Atascadero has offered to other new businesses coming to this area.We are requesting to spread equal payments over a five year time frame in order to allow for the restaurant and meeting space to establish it's business and grow successfully. Thank you for your consideration on this matter.We look forward to continued growth and success for the City of Atascadero and it's businesses. Kind Regards, Amar Sohi Owner/OperatorHoliday Inn Express &Suites of Atascadero ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 2 1 AGREEMENT FOR DEFERRAL OF DEVELOPMENT IMPACT FEES By and Between CITY OF ATASCADERO and H & S Hospitality, LLC DATED: ________, 2016 51 mvjsssn ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 2 2 AGREEMENT FOR DEFERRAL OF DEVELOPMENT IMPACT FEES This Agreement for Deferral of Development Impact Fees (“Agreement”), dated for reference purposes as first indicated on the cover page, is entered into by and between the C ITY OF ATASCADERO, a California municipal corporation (“City”) and H & S HOSPITALITY, LLC (“Developer”) on the following terms and conditions: RECITALS A. Developer is presently developing a Project on the Property located within the City of Atascadero, California. The Developer will need to obtain permits and approvals for the Project. A standard condition on the issuance of these permits will be the payment of City imposed Permit and Processing Fees and Development Impact Fees. These Permit and Processing Fees and Development Impact Fees are generally payable to the City at the time the project applicant submits an application to the City for these permits and approvals. B. The City has established a regular program of imposing the payment of specified Permit and Processing Fees on the construction of new development projects within the City with respect to the connection of the Project to City utility services as well as inspection and processing of permits by various City departments. These fees are typically payable to the City at the time the project applicant submits an application to the City for these permits and approvals. C. The City has established a regular program of the payment of specified Development Impact Fees to offset impacts on public services from new development within the City. These fees, listed below, are typically payable to the City at the time the project applicant submits an application to the City for permits and approvals. D. In certain instances the City acknowledges that it may be to the public’s benefit to defer the payment of Permit and Processing Fees or Development Impact Fees until a specified time after the issuance of the permit or approval, provided adequate security for the future payment of the fees is provided. Generally where the project involves a significant capital investment by the developer and will serve to either encourage further development of an area where development has been stagnant or where the project will provide a needed service, convenience, or accommodations to residents or visitors the City Council may find that the project qualifies to have the payment of Permit and Processing Fees or Development Impact Fees deferred. E. Developer has requested that the Project be considered eligible for deferral of Development Impact Fees. The City Council has found, based on the nature and location of the Project and the convenience it will provide to residents of the City, that the Project qualifies for a deferral under the terms and conditions of this Agreement. Developer acknowledges and agrees that absent this Agreement it would be required to pay all Development Impact Fees at the time the Developer submits Project-related applications to the City. F Developer and City acknowledge that the California Prevailing Wage law normally applies to projects where public funds are used for construction or for the payment of fees that are mandatory conditions of construction. In this case, City is not paying fees but is 52 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 2 3 instead deferring payment of them. Developer is absolutely bound to pay all required fees, but will be allowed to pay the Development Impact Fees over time, with interest. Developer and City acknowledge that they have each and separately investigated California Prevailing Wage Law and have each and separately determined that the City’s deferral of the Development Impact Fees does not constitute a contribution of public funds to the Project, as defined by California Labor Code Section 1720 and described in non-binding decisions issued by the Department of Industrial Relations interpreting that Section. Notwithstanding the analysis and determination of the parties, Developer acknowledges that if the Department of Industrial Relations determines that the deferral of Development Impact Fees is found to constitute payment of public funds for the Project, then the construction and construction-related activities for the Project would be subject to the California Prevailing Wage Law and Developer would be required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720, et seq., of the California Labor Code for all covered work performed on the Project. DEFINED TERMS “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (where administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument. “City” shall mean the City of Atascadero, a municipal corporation formed and existing under the laws of the State of California and any successor-in-interest to the rights, obligations, and powers of the City. “Developer” shall mean H & S Hospitality, LLC. The term “Developer” shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor-in-interest to Developer having a legal and/or equitable interest in the Property. “Development Impact Fees” shall mean those development impact fees imposed and levied by the City to recover the cost of planned public facilities and to mitigate impacts of development on the City as are listed below. The Development Impact Fees include: 1. Law Enforcement Facilities 2. Fire Protection Facilities 3. Fire Aerial Response Vehicle 4. Circulation System 5. Storm Drainage Facilities 6. General Government Facilities 53 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 2 4 7. Open Space Acquisition 8. Library Expansion Facilities (Hotels exempt from this fee) 9. Public Meeting Facilities (Hotels exempt from this fee) 10. Parkland (Hotels exempt from this fee) “Effective Date” shall mean the date the Agreement has been formally approved by the City Council and executed by the appropriate authorities of the City and Developer. “Interest Rate” shall mean a fixed rate equal to the quarterly investment yield for the City’s investment portfolio as of June 30, 2016, a rate of 1.175%. “Litigation Expenses” shall mean all costs and expenses, to the extent such are reasonable in amount, that are actually and necessarily incurred in good faith by the Prevailing Party directly related to the Action, including, but not related to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, at torneys’ fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other cost or expense reasonably and necessarily incurred by the prevailing party in good faith and directly related to the Action. Where attorneys’ fees are to be paid by Developer to the City’s law firm on behalf of, or in defense of, City, the rate to be paid shall be the full litigation rate charged by the City’s law firm to the City in accord with the City’s contract with that law firm. “Other Government Fees” shall mean any and all fees levied on the Project by any government entity other than the City, including but not limited to the State of California and any of its agencies, the County of San Luis Obispo, any local school district, or any local special district. “Payment Period” shall mean a period of Five (5) years from and after the Effective Date of the Agreement during which Developer will have to pay the amount of the Development Impact Fees, plus accrued interest, to the City as provided in section 3 [Terms of Payment]. “Permit and Processing Fees” shall mean those fees imposed and levied by the City with respect to the connection to City utility services as well as inspection, processing and granting of permits by various City departments. “Project” shall mean the construction of a new restaurant and banquet room of approximately 2,850 square foot, on the Property that will be operated by Marston’s 101 Restaurant and that is suitable for occupancy and use under Chapter 9 [Planning and Zoning] of the City’s Municipal Code. “Property” shall mean that certain parcel of real property commonly known as Assessor’s Parcel Numbers 056-131-023, located at 9006 and 9008 West Front Road, City of Atascadero, State of California, as more particularly described in the legal description attached hereto and incorporated herein by reference as Attachment “A”. 54 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 2 5 OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Deferral And Payment. 1.1 City’s Deferral. The City agrees that Developer may defer payment of the Development Impact Fees imposed on the Project by City for the Payment Period provided Developer remains in compliance with the terms, conditions, and covenants of this Agreement. The parties acknowledge that City normally requires the payment of all Permit and Processing Fees and Development Impact Fees at the time the project applicant submits an application to the City for these permits and approvals. In this case, by virtue of this Agreement, the City will issue permits and approvals for the Project, provided all other requirements for the issuance of such permits have been met, even though the Developer will not have paid the Development Impact Fees. 1.2 Developer’s Payment. 1.2.1 Permit and Processing Fees. Developer has paid all Permit and Processing Fees imposed on the application. 1.2.2 Development Impact Fees. Developer covenants and agrees to timely pay during the Payment Period the Development Impact Fees, together with all interest accrued thereon, as provided in this Agreement. Developer acknowledges that Developer’s Property will be encumbered by a lien created by the recording of a second Deed of Trust securing Developer’s payment of the Development Impact Fees. 1.3 Other Government Fees. Developer understands and agrees that the City is required to collect Other Government Fees that may be imposed on the Project. Developer agrees to timely pay the Other Government Fees as required by the City. The Other Government Fees are not subject to deferral pursuant to this Agreement. 1.4 Prevailing Wage Law. California Prevailing Wage law applies to projects where public funds are used for construction or for the payment of fees that are mandatory conditions of construction. Pursuant to Section 1.1 [City’s Deferral], City will defer payment of Development Impact Fees, but will not itself pay any fees otherwise required to be paid by Developer. Developer further agrees to pay interest on the deferred Development Impact Fees at the a rate equivalent to the rate that the City would receive if the City had the Development Impact Fees in hand and had invested those moneys in the City’s investment portfolio. 1.4.1 Deferral is not Payment of Public Funds. Developer is absolutely bound to pay all required fees, but pursuant to Section 3 [Terms of Payment] will be allowed to pay some of them over time, with interest pursuant to Section 3.2 [Payment Over Time]. The parties, having each researched California Prevailing Wage Law, agree that this deferral is not a payment of public funds pursuant to California Labor Code Section 1720(b). The deferral is instead a 55 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 2 6 market transaction with the Developer paying market rate interest for the opportunity to pay the Development Impact Fees over time. 1.4.2 Developer’s Agreement to Comply With Prevailing Wage Law. Notwithstanding the foregoing, Developer acknowledges that if the Department of Industrial Relations determines that the deferral of Development Impact Fees constitutes the payment of public funds for the Project, then the construction and construction-related activities for the Project would be subject to the Prevailing Wage Law and Developer would be required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720, et seq., of the California Labor Code for all covered work performed on the P roject. Without limiting Developer’s obligation to comply with all of the Prevailing Wage Law under the foregoing scenario, Developer shall at minimum (a) require its contractors and subcontractors to submit certified copies of payroll records to Developer; (b) maintain complete copies of such certified payroll records; and (c) make such records available to the City and its designees for inspection and copying during regular business hours at the Property or at another location within the City. Under such scenario, Developer shall also obligate Developer’s contractors and agents to comply with all such Prevailing Wage Laws. 1.4.3 Developer’s Agreement to Indemnify and Defend City. If the Department of Industrial Relations determines that the deferral of Development Impact Fees constitutes the payment of public funds for the Project, Developer further agrees that it shall indemnify and defend the City from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys’ fees and costs) arising out of or in any way connected with Developer’s obligation to comply with all Prevailing Wage Laws with respect to the work of Public Improvements, including all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and/or 1781. 2. Development Impact Fees 2.1 Development Impact Fees. The total amount of Development Impact Fees to be paid for the Project is currently calculated to be $56,500.05. The Developer agrees to pay these fees as provided in Section 3 [Terms of Payment]. 2.2 Refund of Development Impact Fees Paid in Anticipation of this Agreement . City acknowledges that Developer has remitted payment of $56,500.05 to City in order to obtain occupancy of the Project and with the understanding that the funds would be returned if this Agreement were approved by the City Council. Upon such approval, and no less than fifteen (15) days after execution of this Agreement by representatives of both parties, City shall issue to Developer a check in the amount of $56,600.05 and Developer shall be obligated to pay the Development Impact Fees as set forth in Section 3 [Terms of Payment of Development Impact Fees]. 56 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 2 7 3. Terms of Payment of Development Impact Fees 3.1 Absolute Payment Obligation. Developer has the absolute obligation to pay the entire outstanding balance of the Development Impact Fees. Notwithstanding the provisions of this Agreement granting Developer permission to pay the Development Impact Fees over time, such payment over time shall not be deemed to waive all or any portion of Developer’s obligation to pay the entire balance of the Development Impact Fees. Failure to fully pay the Development Impact Fees as required shall be deemed a Default of this Agreement. 3.2 Payment Over Time. Developer shall pay the entire outstanding balance of the Development Impact Fees, plus accrued interest, by no later than the last business day of the Fifth (5th) year from and after the Effective Date of this Agreement. Developer shall make the following payments: 3.2.1 First Payment. On or before the one-year anniversary of the Effective Date of this Agreement, in the amount of $11,700. 3.2.2 Second Payment. On or before the two-year anniversary of the Effective Date of this Agreement, in the amount of $11,700. 3.2.3 Third Payment. On or before the three-year anniversary of the Effective Date of this Agreement, in the amount of $11,700. 3.2.4 Fourth Payment. On or before the four-year anniversary of the Effective Date of this Agreement, in the amount of $11,700. 3.2.5 Final Payment. On or before the five-year anniversary of the Effective Date of this Agreement, in an amount equal to the remaining outstanding principal plus all interest accrued over the term of the Payment Period, an amount currently estimated to be $11,716.53. 3.3 Pre-Payment Option. At any time during the Payment Period, Developer may pay the entire outstanding principal balance of the Development Impact Fees. Pre-payment shall include all principal amounts owed and all interest accrued as of that date. There shall be no penalty for pre-payment. 3.4 Interest Accrual and Payment. From and after the Effective Date until the outstanding principal balance on the Note has been repaid in full, the outstanding balance under this Agreement and the Promissory Note shall bear interest at the Interest Rate. In no event shall the amount of interest paid or agreed to be paid to City exceed the maximum amount permissible under applicable laws. 3.5 Security. As further evidence of Developer’s obligation to pay the Development Impact Fees, Developer shall execute and provide to the City a Promissory Note that is the same in all material respects to that attached hereto and incorporated herein by reference as Attachment “B”. Developer’s payment obligation under the Promissory Note and this Agreement shall be secured by a Deed of Trust recorded against the Property subordinate only to a deed of trust securing the Developer's obligations to the Project's construct ion lender. The 57 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 2 8 Deed of Trust shall be the same in all material responses as that attached hereto and incorporated herein by reference as Attachment “C”. Upon request from Developer's construction lender, City will execute a subordination agreement to subordinate the Deed of Trust to the construction lender's deed of trust against the Property. 4. General Indemnity. 4.1 General Indemnity. Except as to the sole negligence, active negligence or willful misconduct of the City, Developer expressly agrees to, and shall, indemnify, defend, release, and hold the City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, and lien, which arises out of, or are in any way related to, any act or omission of Developer, or its officers, directors, employees, agents, or contractors, connected with the performance under this Agreement, the construction, use, or operation of the Project, notwithstanding that the City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Developer’s officers, directors, employees, agents and contractors. The City shall not be responsible for any acts, errors or omissions of any person or entity except the City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Developer under this Section shall survive the expiration or early termination of the Agreement. 5. Default And Remedies. 5.1 Default. Either party’s failure or unreasonable delay to perform any term or provision of this Agreement constitutes a Default of this Agreement. In the event of a Default, the injured party shall give written “Notice of Default” to the defaulting party, specifying the Default. Delay in giving such notice shall not constitute a waiver of the Default. If the defaulting party fails to cure the Default within thirty (30) days after receipt of a notice specifying the Default, or, if the Default is of a nature that cannot be cured within thirty (30) days, the defaulting party fails to commence to cure the Default within said thirty (30) days and thereafter diligently prosecute such cure to completion, then the defaulting party shall be liable to the injured party for any and all damages caused by such Default, unless otherwise provided for by this Agreement. 5.2 No Waiver. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 5.3 Legal Actions. In addition to any other rights and remedies any party may institute a legal action to require the cure of any default and to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. The following provisions shall apply to any such legal action: 58 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 2 9 5.3.1 Jurisdiction and Venue. Legal actions must be instituted and maintained in the Superior Court of the County of San Luis Obispo, State of California, Central Branch, Civil Division, or if appropriate, in the United States District Court for the Central District of California. Participant specifically waives any rights provided to it pursuant to California Code of Civil Procedure §394 and any federal statue or rule of similar effect. 5.3.2 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 5.3.3 Attorney’s Fees. In the event either party commences an Action against the other party which arises out of a Default of, breach of, failure to perform, or that is otherwise related to, this Agreement, then the Prevailing Party (as defined here) in the Action shall be entitled to recover its Litigation Expenses from the other part y in addition to whatever relief to which the prevailing party may be entitled. For the purpose of this section, “Prevailing Party” shall have the meaning ascribed in §1032(a) (4) of the California Code of Civil Procedure. 5.4 Rights and Remedies are Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by a party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different time, of any other rights or remedies for the same Default or any other Default by another Party. 6. General Provisions. 6.1 No Third Party Beneficiaries. This Agreement is for the sole and exclusive benefit of the City and Developer. No other parties or entities are intended to be, or shall be considered, a beneficiary of the performance of any of the parties’ obligations under this Agreement. 6.2 Recitals and Definitions. The Recitals and Definitions set forth at the beginning of this Agreement are a substantive and integral part of this Agreement and are incorporated by reference in the Operative Provisions of this Agreement. 6.3 Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or any of its terms. Reference to section numbers are to sections in this Agreement unless expressly stated otherwise. 6.4 Interpretation. The City and Developer acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting and each represents and warrants to the other that it has been represented by legal counsel in the negotiation and drafting of this Agreement. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to such extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties hereto. 6.5 Severability. Each provision, term, condition, covenant, and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, 59 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 2 10 term, condition, covenant, and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant, and/or restriction, of this Agreement and the remainder of the Agreement shall continue in full force and effect. 6.6 Amendments to Agreement. Any amendments to this Agreement must be in writing and signed by the appropriate authorities of the City and Developer. 6.7 Administration. Following approval of this Agreement by the City’s Council, the City shall exercise its rights, perform its obligations, and otherwise administer this Agreement through the City Manager. The City Manager shall have the authority to issue interpretations and to make minor amendments to this Agreement on behalf of the City, provided such actions do not materially increase the obligations of the City, make a commitment of additional funds to by paid by, or costs to be incurred by, the City, or result in a discretionary extension of time in excess of thirty (30) days. All other changes, modifications, and amendments shall require the prior approval of the City Council. 6.8 Notices, Demands and Communications Between the Parties. Formal notices, demands and communications between the parties shall be given in writing and personally served or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the parties, as designated in this Section, or telefaxed to the facsimile number listed below followed by dispatch as above described. Such written notices, demands, and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Any such notice shall be deemed to have been received (i) upon the date personal service is effected, if given by personal service, (ii) upon the expiration of one (1) business day, if telefaxed, or (iii) upon the expiration of three (3) business days after mailing, if given by certified mail, return receipt requested, postage prepaid. If notice is to be made to the City: City Manager City of Atascadero 6500 Palma Avenue Atascadero, California 93422 If notice is to be made to Developer: H & S Hospitality, LLC Attn: Amar Sohi 9010 West Front Road Atascadero, California 93422 6.9 Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term “holiday” shall mean all holidays as specified in Government Code § 6700 and § 6701. If any act is to be done by a particular time during a day, that time shall be Pacific Standard Zone time. 60 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 2 11 6.10 Authority. The individuals executing this Agreement on behalf of Developer and the instruments referenced on behalf of Developer represent and warrant that they have the legal power, right and actual authority to bind Participant to the terms and conditions hereof and thereof. 6.11 Counterpart Originals. This Agreement may be executed in duplicate originals, each of which is deemed to be an original. 6.12 Effective date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Developer. 6.13 Waiver of Actions. Developer, for itself and its contractors, hereby expressly agrees that City has satisfied its obligations under the Prevailing Wage Laws to identify projects as being subject to the Prevailing Wage Laws and any other obligations imposed upon the City under Labor Code Sections 1726 and/or 1781 that are owed to or may be actionable by Developer and its contractors. Furthermore, Developer, for itself and its contractors hereby expressly waives any right of action against the City created under Labor Code Sections 1726 and/or 1781, whether known, or unknown, foreseen or unforeseen relating to the Project and/or this Agreement. IN WITNESS WHEREOFF, the parties hereto have executed this Agreement on the ______day of the ________, 2016. CITY: CITY OF ATASCADERO __________________________________ Rachelle Rickard City Manager ATTEST: _______________________________ Marcia McClure Torgerson City Clerk APPROVED AS TO FORM: ________________________________ Brian A. Pierik City Attorney DEVELOPER: H & S Hospitality, LLC ___________________________________ Amar Sohi Owner Operator 61 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 3 12 When recorded mail to: City Clerk City of Atascadero 6500 Palma Avenue Atascadero, California 93422 Title No. Escrow No. DEED OF TRUST WITH ASSIGNMENT OF RENTS This DEED OF TRUST, made this day of , 2 016, between H & S Hospitality, LLC, herein called TRUSTOR whose address is 9010 West Front Road, Atascadero, California 92422, FIRST AMERICAN TITLE COMPANY, a California corporation, herein called TRUSTEE, and CITY OF ATASCADERO, a California municipal corporation, herein called BENEFICIARY. Trustor irrevocably grants, transfers and assigns to Trustee in Trust, with Power of Sale that property in the County of San Luis Obispo, State of California, described as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO A.P.N. 056-131-023 Together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. FOR THE PURPOSE OF SECURING (1) payment of the sum of $56,500.05 Dollars with interest thereon according to the terms of a promissory note or notes of even date herewith made by TRUSTOR, payable to order of BENEFICIARY, and extensions or renewals thereof; (2) the performance of each agreement of TRUSTOR incorporated by reference or contained herein or reciting it is so secured; (3) payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or its successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. A. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed an d materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of the law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence 62 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 3 13 of title and attorney’s fees in a reasonable sum, in any action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his or her reasonable fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby, any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him or her in the same manner and with the same effect as above provided for disposition or proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his or her right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability or any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (4) That upon written request of beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as “the person or persons legally entitled thereto.” (5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed b y a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his or her own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney’s fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written 63 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 3 14 notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legal ly entitled thereto. (7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor of successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or the neuter, and the singular number includes the plural. (9) The Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obliged to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge thereof does not exceed the maximum allowed by laws. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him or her at his or her address hereinbefore set forth. ________________________________ Trustor signature ________________________________ Trustor signature ________________________________ Trustor signature 64 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 3 15 State of______________________ County of_____________________ On ________________________ before me, ________________________________, (here insert name and title of the officer), personally appeared ____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sam e in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________________________________________ (Seal) 65 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 3 16 DO NOT RECORD REQUEST FOR FULL RECONVEYANCE To First American Title Company The undersigned is the legal owner and holder of the note or notes, and of all other indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other indebtedness secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owning to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, and all other evidence of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same. Dated_________________________________ ___________________________________________________ ___________________________________________________ Please mail Deed of Trust, Note(s) and Reconveyance to: _____________________________________________________________________ Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. 66 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 4 1 PROMISSORY NOTE City of Atascadero, California $56,500.05 _______________, 2016 For valid consideration duly received and hereby acknowledged, the undersigned H & S Hospitality, LLC, a California limited liability company (“Maker”), promises and agrees to pay to the order of the City of Atascadero, 6500 Palma Avenue, Atascadero, California 93422, or holder (“City”), in lawful money of the United States of America, the principal sum of FIFTY SIX THOUSAND FIVE HUNDRED DOLLARS and five cents ($56,500.05) (the "Principal Sum"), to be paid in five (5) payments in accordance with the payment schedule appended hereto and incorporated herein. This Note shall bear interest at the rate of 1.175 percent (1.175%) per annum, in accordance with the terms the Agreement For Deferral of Development Impact Fees By and Between the City of Atascadero and H & S Hospitality, LLC dated ___________________, 2016 (“Agreement”), which is incorporated herein in full by reference. Payments shall be applied first to satisfy accrued interest and then to outstanding principal. Unless otherwise specified in writing by the City, all payments on this Promissory Note shall be paid to the City, by check, made payable to the order of the City of Atascadero, 6500 Palma Avenue, Atascadero, California 93422. This Note may be prepaid in full or in part at any time and from time to time without penalty or premium. Partial prepayments will be applied to the installments due hereunder in the inverse order of their maturity. This Note is to be secured by a deed of trust against real property as described in the Agreement. This Note is not a purchase money note. Default. The existence or occurrence of any one or more of the following will constitute a “Default” under this Note: (a) The failure by Maker to make any payment of principal or interest on this Note when due and such failure shall have continued for thirty (30) days after notice of such failure has been provided. (b) Any breach by Maker of any covenant to which it is bound under this Note. (c) Maker shall make an assignment for the benefit of creditors; apply for or consent to the appointment of a receiver or trustee for itself or such a receiver or trustee otherwise shall be appointed; or admit in writing its inability to pay its debts as they mature. (d) Maker becomes the subject of any bankruptcy or other voluntary or involuntary proceeding, in or out of court, for the adjustment of debtor-creditor relationships ("Insolvency Proceeding"), and as to any involuntary Insolvency Proceeding, it either: (A) is consented to or (B) has not been dismissed within sixty (60) days. 67 ITEM NUMBER: A-6 DATE: 09/13/16 ATTACHMENT: 4 2 Remedies Upon Default. Upon the occurrence of any Default, at the option of the City in its sole discretion, and without notice or demand of any kind, the entire Principal Sum then outstanding and all accrued and unpaid interest will become immediately due and payable. Upon any such acceleration, the Principal Sum shall thereafter bear interest at the maximum legal rate of ten percent (10%) per annum. Whether or not suit is filed, Maker agrees to pay all attorneys’ fees, costs of collection, costs, and expenses incurred by the City in connection with the enforcement or collection of this Note. This Promissory Note has been executed and delivered in and shall be construed in accordance with and governed by the laws of the State of California and of the United States of America. Executed as of the date first written above. H & S HOSPITALITY, LLC By: Amar Sohi Owner Operator Payment Schedule Payment Due Date Payment Amount ONE YEAR FROM THE EFFECTIVE DATE OF THE CERTIFICATE OF OCCUPANCY $11,700.00 TWO YEARS FROM THE EFFECTIVE DATE OF THE CERTIFICATE OF OCCUPANCY $11,700.00 THREE YEARS FROM THE EFFECTIVE DATE OF THE CERTIFICATE OF OCCUPANCY $11,700.00 FOUR YEARS FROM THE EFFECTIVE DATE OF THE CERTIFICATE OF OCCUPANCY $11,700.00 FIVE YEARS FROM THE EFFECTIVE DATE OF THE CERTIFICATE OF OCCUPANCY $11,716.53 plus any additional accrued interest 68 ITEM NUMBER: B-1 DATE: 09/13/16 Atascadero City Council Staff Report - Community Development Department Title 9 Planning and Zoning Text Amendments – Land Use Definitions PLN 2016-1594 RECOMMENDATION: The Planning Commission recommends: City Council introduce for first reading, by title only, Draft Ordinance A Amending Title 9 of the Atascadero Municipal Code by Approving PLN 2016-1462/ZCH 2013-0168 Zoning Ordinance Code Text Amendments. REPORT IN BRIEF: Several of the City Council’s primary goals are to implement common sense regulations, promote economic development and to improve communication with the public. Tied very closely to these goals is a focus on building and maintaining a business-friendly environment. As part of the larger picture and in our ongoing efforts to achieve Council’s goals, staff has been working on improving what is known as the “Land Use Definitions” (Chapter 3 the City’s Zoning Code) for ease of use and to better reflect the economic landscape. This portion of the Zoning Code defines hypothetical land uses so that staff and the public can easily understand and interpret what land uses are approp riate in each zoning district. The proposed amendment to this section of the Zoning Code will simplify land use definitions, to make it easier for the public to determine just what they can do with their property, and is designed to recognize current development trends and land uses that are not currently categorized. The update will also amend some of the land use definitions for consistency with current Federal and State law, as well as, current City policies. Along with these amendments, some reorganization of the Zoning Code is being proposed to simplfy the use of the code and to add descriptions of previously uncodified zoning districts. This re-organization will group the zoning districts and their standards into logical sections. 69 ITEM NUMBER: B-1 DATE: 09/13/16 At the July 12, 2016 meeting, the City Council held a study session regarding land use definitions. Similarly, the Planning Commission held a study session regarding land use definitions on June 28, 2016. Based on these study sessions, staff brought proposed land use definition amendments and reorganization of the Zoning Code to the Planning Commission on August 16, 2016. The Planning Commission reviewed the proposed Zoning Ordinance amendments and recommended that the City Council approve the proposed revisions. DISCUSSION: 1. Applicant: City of Atascadero, 6500 Palma Ave. Atascadero, CA 93422 2. General Plan Designation: Citywide 3. Zoning District: Citywide 4. Environmental Status: Exempt from CEQA (Section 15061(3)(b)). No significant environmental impact. The following analysis provides an outline of the proposed amendments and reorganization of the Zoning Code – Title 9, Chapter 3 of the Atascadero Municipal Code (AMC). 1. Article 1 – General Provisions Staff proposes amendments to Article 1, General Provisions, specifically Section 9- 3.102. The amendments are shown in Attachment 3 and include:  Adding the description of three (3) missing zoning districts that were established as a part of the 2002 General Plan Update as “official zoning districts” for consistency with the City’s adopted General Plan as required by California Government Code (CGC) §65860(a). o Those zoning districts are the Downtown Commercial (DC); Downtown Office (DO); and the Open Space (OS).  Re-organizing the City’s zoning districts into three main categories: 1. Agriculture & Residential Districts 2. Non-Residential Zoning Districts 3. Public Zoning Districts 2. Article 2 – Agriculture & Residential Zoning Districts The agriculture and residential zoning districts are separated into two different articles (Articles 2 and 3, respectively) within Chapter 3. The proposed amendment will repeal these articles and bring these districts into one article to better organize this section for ease of use. Article 2 would be organized as follows (Attachment 4): 70 ITEM NUMBER: B-1 DATE: 09/13/16 1. Intent of the section 2. Purpose of each agriculture and residential zoning district 3. Allowed Use table 4. Minimum Lot sizes for each zoning district 5. Property Development Standards 3. Article 3 – Non Residential (Commercial) Zoning Districts Currently the City’s development standards and use categories for non-residential zoning districts reside in Articles 7 through 13, 17 and 18. Staff is proposing repealing all these sections and replacing them with one singular article. Similar to the newly proposed Article 2, Article 3 would be organized as follows (Attachment 5): 1. Intent of the section 2. Purpose of each zoning district 3. Allowed Use table 4. Property Development Standards for each zone 4. Article 4 – Public Zoning Districts Similar to the City’s non-residential zoning districts, the City’s Public zoning districts (zoning districts that are intended for public use such as parks, sensitive habitat areas, and other municipal buildings such as the corporation yard) mirror that of other articles that are currently codified. Staff is proposing repealing Articles 19 through 21 and replacing it with one singular article. Similar to the newly proposed Articles 2 and 3, Article 4 would be organized as follows (Attachment 6): 1. Intent of the section 2. Purpose of each zoning district 3. Allowed Use table 4. Property Development Standards for each zone 5. Article 5 – Land Use Definitions The Land Use Definitions are currently in Article 29. Staff and the Planning Commission recommend repealing this section and moving it to a newly created Article 5, Land Use Definitions. This section is where the bulk of the code revisions are taking place. The code revisions to the Land Use Definitions are based on the following five themes (Attachment 2): Proposed Amendment Criteria (Refer to Attachment 2) 1. Consolidation of land use definitions into broader categories while eliminating redundancy in uses. 2. Elimination of land use definitions that would no longer apply to the City. 3. Adding Land Use descriptions and allowable uses that are currently not clearly codified in the City’s Land Use descriptions, including uses that align with the City’s economic development such as tourism, clean technology uses, and other uses that produce jobs within the City. 71 ITEM NUMBER: B-1 DATE: 09/13/16 4. Provide definitions for uses that are currently noted in the code but have no existing definition. 5. Minor clarifications of existing land use definitions for consistency with current Federal, State, and City laws and General Plan policies. Many of the Land use definition amendments focus on two key area s: agriculture and industrial uses. Other amendments include minor clarifications and legal clean-ups. With the newly added definitions, staff included proposed zoning district categories and land use entitlement requirements for the new definitions. As it exists today, each of the land uses fit into each of the zoning categories with different levels of entitlement. For example, land uses may be:  Allowed (A);  Allowed with a Conditional Use Permit (CUP);  Allowed with an Administrative Use Permit (AUP) or  Not Allowed This Code amendment does not change the zoning for any property, nor does it significantly alter what one can or cannot do on a particular property. Instead, these definition amendments strive to clarify and provide better examples of today’s commercial environment while respecting the existing commercial environment. This is all being done with the intent of strengthening the City’s economic potential while making it easier for both customers and staff to interpret land uses. Attachment 2 includes a table of the current definitions, proposed definitions, proposed revisions, and which criteria it met from the list above. Below is an example. Attachment 2 – “How To” Guide Type of land use entitlement required All Zoning Districts in City Land Use Definition Summary of revisions Proposed Amendment Criteria Entitlement per zone 72 [Attachment 5 -Land Use Definitions Allowed Land U« and Permit Requirements Proposed Revision ChangePermittedUsesByZoningDistrii Ag &Residential Zoning Districts Public Zoning Districts Agricultural Resources 1.Agricultural Accessory ag accessory structure onlargerlots. AUP2.Small Scale Ag Processing more flexibility inthe large lot entrepreneurship ITEM NUMBER: B-1 DATE: 09/13/16 Proposed Environmental Determination The California Environmental Quality Act (CEQA), Section 15061(3)(b) exempts activities which are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed text amendment will not have any significant adverse environmental impacts associated with this project application. Conclusion The proposed text amendments to AMC Title 9, Chapter 3 are consistent with the General Plan and have been identified by the City Council as a Strategic Planning Action item. The proposed amendments modernize the City’s Land Use definitions for key economic sectors such as manufacturing and retail uses. As a separate document, staff is also producing a Zoning Handbook that will incorporate these Code revisions into a streamlined, easy to read document that will be available at the Community Development Counter and on the City’s website. Since the handbook does not involve amendments to the Zoning Code and is simply a customer service document, it is not included in this staff report but a draft of the handbook will be separately distributed to the City Council for review and made available on the City’s website. FISCAL IMPACT: The proposed land use definitions revision will have a fiscally positive impact on the City. Additional land use definitions that have been added focus on land uses that are not codified, allowing the City to streamline these types of uses. This will create stronger economic development tools for job growth industries such as clean industry, tourism, ag-based economy and other industries that foster entrepreneurship and focus on strengthening the local economy. ALTERNATIVES: 1. The City Council may recommend modifications of the text amendments. 2. The Council may determine that more information is needed on some aspect of the proposed Zoning Code amendment and may refer the item back to staff to develop the additional information. The Council should clearly state the type of information that is required and move to continue the item to a future date. 3. The Council may recommend denial of some or all of the proposed text amendments. The Council should specify the reasons for denial of the proposed amendments and recommend an associated finding with such action. 73 ITEM NUMBER: B-1 DATE: 09/13/16 ATTACHMENTS: 1. Draft Ordinance A – Proposed Amendments to the City’s Zoning Regulations 2. Land Use Definitions & Use Table 3. Proposed Article 1 – General Provisions 4. Proposed Article 2 – Ag & Residential Zoning Districts 5. Proposed Article 3 – Non-Residential Zoning Districts 6. Proposed Article 4 – Public Zoning Districts 74 ITEM NUMBER: B-1 DATE: 09/13/16 ATTACHMENT 1: Draft Ordinance A DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 9 OF THE ATASCADERO MUNICIPAL CODE BY APPROVING PLN 2016-1462/ZCH 2013-0168. ZONING ORDINANCE CODE TEXT AMENDMENTS (Citywide/City of Atascadero) WHEREAS, an application has been received from the City of Atascadero (6500 Palma Ave., Atascadero, CA 93422), to consider Text Amendments to the City’s Zoning Regulations, Title 9 of the Municipal Code, specifically Chapter 3 that includes the following: Repeal Articles 1 through 22, and Article 29 and replace with Article 1 – General Provisions, Article 2 – Agriculture & Residential Zoning Districts, Article 3 – Non-Residential Zoning Districts, Article 4 – Public Zoning Districts, Article 5 – Land Use Definitions, Articles 6 through 22 reserved, and Article 29 reserved; and WHEREAS, a Notice of Exemption was prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact these amendments to Title 9 Planning and Zoning of the Municipal Code because they are consistent with City General Plan policies and goals; and WHEREAS, the amendment to the Zoning Regulations will provide for the orderly and efficient interpretation of land use policies where such development standards are applicable; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and Zoning Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments; and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on August 16, 2016, studied and considered PLN 2016-1594 and is recommending that the City Council approve the proposed amendments; and 75 ITEM NUMBER: B-1 DATE: 09/13/16 WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on September 13, 2016, studied and considered PLN 2016-1594; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION ONE: Findings for Approval of a Zone Text Change. The City Council hereby incorporates the foregoing recitals and findings. SECTION TWO: Amendment. The City Council of the City of Atascadero hereby amends Title 9, Chapter 3 of the City’s Zoning Regulations as follows: 1. Repeal Article 1 through 22; 2. Repeal Article 29 – Land Use definitions; 3. Reserve Articles 6-22; 4. Reserve Article 29 5. Replace Articles 1 through 5 with the following: Chapter 3 ZONING DISTRICTS Sections: Article 1. General Provisions 9-3.101 Purpose. 9-3.102 Zoning districts established. 9-3.103 Overlay districts established. 9-3.104 Symbols used. 9-3.105 Off-site sale of new and used automobiles and trucks is prohibited. Article 2. Agriculture & Residential Zoning Districts 9-3.210 Intent 9-3.220 Purposes of the Agriculture & Residential Zoning Districts 9-3.230 Agriculture & Residential district allowable land uses. 9-3.240 Lot Sizes. 9-3.241 Minimum Lot Size – A Zone 9-3.242 Minimum Lot size—RS Zone. 9-3.243 Minimum lot size—RSF Zone. 9-3.244 Minimum lot size—LSF Zone. 9-3.245 Minimum lot size—RMF Zone. 9-3.250 Density. 9-3.251 Density – Agriculture & Single Family Residential Zones. 9-3.252 Density – RMF Zone. 9-3.260 Property Development Standards. 9-3.262 Property development standards –RMF 76 ITEM NUMBER: B-1 DATE: 09/13/16 Article 3. Non – Residential Zoning Districts 9-3.301 Intent 9-3.320 Purposes of Non-Residential Zoning Districts 9-3.330 Non-Residential Districts Allowable Land Uses 9-3.340 Property Development Standards. 9-3.341 CN Zone 9-3.342 CP Zone 9-3.343 CR Zone 9-3.344 CS Zone 9-3.345 CT Zone 9-3.346 CPK Zone 9-3.347 DC / DO Zone 9-3.348 IP Zone 9-3.349 I Zone Article 4. Public Zoning Districts 9-3.401 Intent 9-3.420 Purposes of Public Zoning Districts. 9-3.430 Public Districts Allowable Land Uses 9-3.440 Property Development Standards. 9-3.441 P Zone 9-3.442 L Zone 9-3.443 LS Zone 9-3.444 OS Zone Article 5. Definitions 9-3.450 Purpose 9-3.451 Definitions Articles 6 through 22. Reserved. Article 23. ES (Emergency Shelter) Overlay Zone. 9-3.501 Purpose. 9-3.502 Applicability of emergency shelter standards. 9-3.503 Minimum site design and development standards. 9-3.504 Operating standards. Article 24. FH (Flood Hazard) Overlay Zone 9-3.601 Purpose. 9-3.602 Applicability of flood hazard standards. 9-3.603 Drainage plan and related requirements. 9-3.604 Construction standards. Article 25. GH (Geologic Hazard) Overlay Zone 9-3.611 Purpose. 77 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.612 Applicability of geologic hazard standards. 9-3.613 Application content: Geologic and soils report required. 9-3.614 Geologic Hazard Overlay Zone special standards. Article 26. HS (Historical Site) Overlay Zone 9-3.621 Purpose. 9-3.622 Applicability of historic site standards. 9-3.623 Processing requirements. 9-3.624 Required findings for archeological resources. 9-3.625 Required findings for historic structures, landmarks and districts. Article 27. SR (Sensitive Resource) Overlay Zone 9-3.631 Purpose. 9-3.632 Applicability of sensitive resource overlay zone standards. 9-3.633 Processing requirements. 9-3.634 Required findings. 9-3.635 Minimum site design and development standards. Article 28. PD (Planned Development) Overlay Zone 9-3.641 Purpose. 9-3.642 Applicability of planned development standards. 9-3.643 Minimum development standards and processing requirements. 9-3.644 Required findings. 9-3.645 Establishment of Planned Development Overlay Zone No. 1: (PD1).9-3.646 Establishment of Planned Development Overlay Zone No. 2: (PD2). 9-3.647 Establishment of Planned Development Overlay Zone No. 3: (PD3). 9-3.648 Establishment of Planned Development Overlay Zone No. 4: (PD4). 9-3.649 Establishment of Planned Development Overlay Zone No. 5: (PD5). 9-3.650 Establishment of Planned Development Overlay Zone No. 6: (PD6). 9-3.651 Establishment of Planned Development Overlay Zone No. 7: (PD7). 9-3.652 Establishment of Planned Development Overlay Zone No. 8: (PD8). 9-3.653 Establishment of Commercial Park Planned Development Overlay Zone No.9: (PD9). 9-3.654 Establishment of Residential Planned Development Overlay Zone No.9: (PD9) North of Union Pacific Railroad. 9-3.655 Establishment of Planned Development Overlay Zone No. 10: (PD10). 9-3.656 Establishment of Planned Development Overlay Zone No. 11: (PD11). 9-3.657 Establishment of Planned Development Overlay Zone No. 12: (PD12). 9-3.658 Establishment of Planned Development Overlay Zone No. 14: (PD14). 9-3.660 Establishment of Planned Development Overlay Zone No. 15: (PD15). 9-3.661 Establishment of Planned Development Overlay Zone No. 16: (PD16). 9-3.662 Establishment of Planned Development Overlay Zone No. 17: (PD17). 9-3.663 Establishment of Planned Development Overlay Zone No. 18: (PD18). 9-3.664 Establishment of Planned Development Overlay Zone No. 19: (PD19). 78 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.665 Establishment of Planned Development Overlay Zone No. 20: (PD20). 9-3.666 Establishment of Planned Development Overlay Zone No. 21: (PD21). 9-3.667 Establishment of Planned Development Overlay Zone No. 22: (PD22). 9-3.668 Establishment of Planned Development Overlay Zone No. 23: (PD23). 9-3.669 Establishment of Planned Development Overlay Zone No. 24: (PD24). 9-3.670 Establishment of Planned Development Overlay Zone No. 25: (PD25). 9-3.671 Establishment of Planned Development Overlay Zone No. 26: (PD26). 9-3.672 Establishment of Planned Development Overlay Zone No. 27: (PD27). 9-3.673 Establishment of Planned Development Overlay Zone No. 28: (PD28). 9-3.674 Establishment of Planned Development Overlay Zone No. 29: (PD29). 9-3.675 Establishment of Planned Development Overlay Zone No. 30: (PD30).9-3.676 Establishment of Planned Development Overlay Zone No. 31: (PD31). 9-3.677 Establishment of Planned Development Overlay Zone No. 32: (PD32). 9-3.690 Establishment of Specific Plan Zone No. 1: (SP-1). 9-3.691 Establishment of Specific Plan Zone No. 2: (SP-2). Article 29. Reserved Article 30. Density Bonus 9-3.801 Purpose. 9-3.802 Applicability. 9-3.803 Calculating the density bonus. 9-3.804 Developer incentives. 9-3.805 Waivers and modifications of development standards. 9-3.806 Application procedure. Article 1. General Provisions 9-3.101 Purpose. This chapter establishes zoning districts and overlay districts in order to separate incompatible land uses from each other by: (a) Providing different zoning districts for agricultural, residential, commercial, industrial, recreation and public uses; (b) Establishing the approval procedure necessary to establish certain land uses in various zoning districts; and (c) Delineating between various uses for the purpose of regulating the location, height, bulk, number of stories and size of buildings and structures; and, the use of lots, setbacks and open spaces; and, the intensity of land uses. In so doing, it is intended to implement the General Plan adopted pursuant to Government Code Section 65300 et seq. (Ord. 68 § 9-3.101, 1983) 9-3.102 Zoning districts established. The following zoning districts are established: (a) Agricultural & Residential zoning districts: (1) Agriculture—A; (2) Residential Suburban—RS; 79 ITEM NUMBER: B-1 DATE: 09/13/16 (3) Residential Single Family—RSF; (4) Limited Single Family Residential—LSF; (5) Residential Multiple Family—RMF. (b) Non-Residential zoning districts: (1) Commercial Neighborhood—CN; (2) Commercial Professional—CP; (3) Commercial Retail—CR; (4) Commercial Service—CS; (5) Commercial Tourist—CT; (6) Commercial Park—CPK; (7) Downtown Commercial – DC; (8) Downtown Office – DO; (9) Industrial Park—IP; (10) Industrial—I. (c) Public zoning districts: (1) Recreation—L; (2) Special Recreation—LS; (3) Public—P; (4) Open Space – OS. 9-3.103 Overlay districts established. Overlay districts intended to protect public safety and the environment and to preserve scenic, cultural and historic resources are established as follows: (a) Overlay districts: (1) Flood Hazard—FH; (2) Geologic Hazard—GH; (3) Historic Site—HS; (4) Sensitive Resource—SR; (5) Planned Development—PD; (6) Emergency Shelters (ES) (9-3.501). (Ord. 571 § 1, 2013; Ord. 68 § 9-3.103, 1983) 9-3.104 Symbols used. (a) Zoning Districts. The letter symbols listed after each zoning district in Section 9- 3.102(a) through (c) shall be used to designate the location of various zoning districts on the official zoning maps (Section 9-1.102). (b) Overlay Districts. The letter symbols listed after each overlay district in Section 9- 3.103(a) shall be appended to the base zoning district and be placed in parentheses thereafter to designate the location of various overlay districts on the official zoning maps (Section 9-1.102). Example: Residential Suburban as the base zone within a Flood Hazard and Geologic Hazard overlay area would show on the official zoning maps as RS (FH) (GH). (c) Density in Residential Multiple-Family Zoning District. A number specifying the maximum permitted number of dwelling units per net acre in multiple-family residential zoning districts shall be appended to the base zoning district to designate the density on the official zoning maps (Section 9-1.102). Example: Residential Multiple Family allowing twenty (20) units per net acre within a Historic Site overlay area would show on the official zoning maps as RMF/20 (HS). 80 ITEM NUMBER: B-1 DATE: 09/13/16 (d) Minimum Lot Size in Residential and Agricultural Zoning District Areas. A symbol specifying the minimum lot size in acres in certain residential zoning districts shall be appended to the base zoning district and be placed following a hyphen thereafter where necessary to designate the minimum lot size on the official zoning maps (see Section 9-1.102). Example: Residential single-family with a half-acre minimum lot size in a Flood Hazard Overlay Zone would show on the official zoning maps as RSF-X(FH). Minimum lot size will not always be shown on the official maps especially in zoning districts where the minimum size is uniform, in circumstances where Chapter 9-6 establishes minimum sizes for some, but not all, uses within a zoning district, and where performance standards identified for certain zoning districts in this chapter are used to establish the minimum lot size. (Ord. 554 § 2, 2011; Ord. 68 § 9-3.104, 1983) 9-3.104 9-3.105 Off-site sale of new and used automobiles and trucks is prohibited. In all zone districts, the off-site sale of new and used automobiles and trucks is unlawful. New and used automobile and truck sales must be conducted only at the permanent property address in the City of Atascadero listed for the dealership on its Department of Motor Vehicle Dealers license. (Ord. 406 § 1, 2002) 81 ITEM NUMBER: B-1 DATE: 09/13/16 Article 2. Agriculture & Residential Zoning Districts 9-3.210 Intent. This chapter lists the land uses that may be allowed within the agriculture and residential zoning districts established by Section 9-3.102 (Zoning Districts), determines the type of planning permit / approval required for each uses, and provides basic lot size and development standards for specific zones. 9-3.220 Purposes of the Agriculture & Residential Zoning Districts. The purposes of the individual agriculture and residential zoning districts and the manner in which they are applied are as follows: (a) A (Agriculture) Zoning District. This zone is established to protect, preserve and encourage agriculture on suitable land. The Agriculture Zone is intended to support and encourage the continuation of the Agricultural Preserve Program and the maintenance of productive open space. (b) RS (Residential Suburban) Zoning District. This zone is established to provide for large lot residential uses in areas outside the urban services line or in other areas where large lots are desirable to protect land uses and buildings subject to inundation, steep slopes or other hazards. (c) RSF (Residential Zoning Family) Zoning District. This zone is established to provide for single-family residential areas within the urban services line. (d) LSF (Limited Single Family) Zoning District. This zone is established to provide for single-family residential areas within the urban services line where the raising of farm animals would not be allowable. (e) RMF (Residential Multi-Family) Zoning District. This zone is established to provide for apartment, condominium, townhouse development, and other small lot residential products, where higher density residential development is desired within the urban services line. 82 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.230 Agriculture & Residential district allowable land uses. Table 3-1 identifies the uses of land allowed this Zoning Code in each agriculture and residential district, and the planning permit required to establish each use, in compliance with Section 9-1 and Section 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. Table 3-1 – Agriculture & Residential Land Uses Allowed Land Uses and Permit Requirements Agriculture / Residential Zones A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required  Not Permitted Permitted Uses By Zones Special Use Regulation(s) A RS RSF LSF RMF Agricultural Related Uses Agricultural Accessory Uses A A A 9-6.109 Agricultural Produce Stands A A A AUP AUP 9-6.117 Agriculture Employee Housing A 9-6.107 Farm animal raising A A A AUP 9-6.112 Horticultural specialties A A 9-6.116 Large Scale Ag Manufacturing A CUP 9-6.103 Livestock Specialties A CUP 9-6.115 Medical Marijuana Cultivation A A A A 9-6.186 Small Scale Ag Processing A A A AUP AUP 9-6.103 Natural Resources and Processing Resource Extraction CUP CUP 9-6.147- 9.6-61 Residential Uses Multi-Family Housing A 9-3.175 Manufactured Home / Mobile Home A A A A A 9-6.143 Mobile Home Parks CUP CUP CUP CUP 9-6.142, 9-6.143 Organizational Houses CUP CUP CUP CUP 9-3.175 Residential accessory uses A A A A 9-6.106 Single-family dwelling A A A A 9-6.143, 9-6.184 Secondary Residential Units A A A 9.5 Temporary dwelling A A A A 9-6.175 Recreation, Education, & Public Assembly Churches and related activities CUP CUP CUP CUP 9-6.121 Parks & Playgrounds Schools CUP CUP CUP CUP 9-6.125 Schools – Business and Vocational CUP CUP CUP CUP 9-6.125 Temporary events A A A A A 9-6.177 Tourism, Lodging, & Dining Bed and Breakfast CUP CUP CUP CUP Services-Professional Day Care – Small Family Day Care Home A A A A 9-6.125 Day Care – Large Family Day Care / Child Care Center CUP CUP CUP CUP 9-6.125 Kennels CUP CUP 9-6.111 Medical Extended Care Services, six (6) A A A CUP 9-6.134 83 ITEM NUMBER: B-1 DATE: 09/13/16 Table 3-1 – Agriculture & Residential Land Uses Allowed Land Uses and Permit Requirements Agriculture / Residential Zones A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required  Not Permitted Permitted Uses By Zones Special Use Regulation(s) A RS RSF LSF RMF clients or less Medical Extended Care Services, seven (7) clients or more CUP CUP CUP CUP 9-6.134 Residential Care, six (6) clients or less A A A A 9-6.135 Residential Care, seven (7) clients or more CUP CUP CUP CUP 9-6.135 RCFE – Assisted Living, six (6) clients or less A A A A 9-6.135 RCFE – Assisted Living, seven (7) clients or more CUP CUP CUP CUP 9-6.135 RCFE – Independent Living Center / Senior Apartments CUP RCFE – Retirement Hotel CUP Transportation, Infrastructure & Communication Pipelines Utility Infrastructure CUP CUP CUP CUP CUP Utility Transmission Facilities A A A A A Wireless Communication Facilities CUP CUP CUP CUP CUP Notes: Zoning Districts Abbreviations A – Agriculture; RS-Residential Suburban ; RSF-Residential Single Family Residential ; LSF – Limited Single Family Residential ; RMF – Residential Multi-Family 84 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.240 Lot Sizes. New subdivisions and the densities of agriculture and residential development shall comply with the requirement for lot sizes in subsections 9-3.231 through 9-3.235. 9-3.241 Minimum Lot Size – A Zone. The minimum lot size in the Agriculture Zone shall be established by the minimum area needed to maintain productive agricultural use of the property. 9-3.242 Minimum Lot Size – RS Zone. The minimum lot size in the Residential Suburban Zone shall be two and one-half (2 1/2) acres and may range up to ten (10) acres depending upon conformance with performance standards established in this section. (a) Performance Standards. The following performance standards shall be evaluated for each lot in determining its minimum lot size: (1) Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be: Distance* Lot Size Factor 0 — 8,000′ 0.20 8,000′ — 10,000′ 0.25 10,000′ — 12,000′ 0.30 12,000′ — 14,000′ 0.40 14,000′ — 16,000′ 0.50 16,000′ — 18,000′ 0.60 18,000′ — 20,000′ 0.75 20,000′ + 0.90 * To be measured as radial distance using map maintained in Planning Department. (2) Septic Suitability. Using generalized soils data from the Soil Conservation Service Reports, the lot size factor based on this performance standard shall be: SCS Rating* Lot Size Factor Well suited 0.50 Moderate 0.75 Slow 1.00 Severe 1.50 * Refer to map maintained in Community Development Department. Percolation tests may be substituted for the Soil Conservation Service Reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion chart shall be used to determine the appropriate lot size factor: Percolation Rating Minutes Per Inch Well suited Less than 20 Moderate or slow 20 to 39 85 ITEM NUMBER: B-1 DATE: 09/13/16 Percolation Rating Minutes Per Inch Slow 40 to 59 Severe Greater than 60 (3) Average Slope. Using the Basic, Sectional or Contour Measurement Method, the lot size factor based on this performance standard shall be: Slope Lot Size Factor 0 — 10% 0.50 11 — 20% 0.75 21 — 25% 1.00 26 — 30% 1.25 31 — 35% 1.75 36 — 40% 2.00 40% + 2.25 (4) Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be: Condition Lot Size Factor City accepted road 0.40 Paved road, less than 15% slope 0.40 Paved road, greater than 15% slope 0.50 All-weather road less than 15% slope 0.75 All-weather road greater than 15% slope 1.00 Unimproved road less than 15% slope 1.25 Unimproved road greater than 15% slope 1.50 (5) General Neighborhood Character. Using the average lot size of existing lots which are zoned for single-family residential use (except that lots larger than fifteen (15) acres shall be excluded unless they constitute more than twenty-five percent (25%) of the total number of lots) within a one thousand five hundred (1,500) foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by 0.2. (b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section. (1) The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply. (2) If more than one (1) lot size factor can be applied to a lot, the less restrictive factor shall be used. (3) Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor. 86 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.243 Minimum Lot Size – RSF Zone. The minimum lot size in the Residential Single -Family Zone shall be one-half (1/2) acre and may range up to two and one-half (2 1/2) acres. The size of a lot shall be consistent with the land use designation set forth in the General Plan and shall be indicated by the symbols set forth in the following chart, which shall be shown on the official zoning maps as provided by Section 9- 3.104(d). Symbol Minimum Lot Size X One-half (1/2) acre net area (excluding land needed for street rights- of-way whether publicly or privately owned). Y One (1) acre gross area. Z One and one-half (1-1/2) to two and one-half (2-1/2) acres gross based on performance standards set forth in this section. (a) Performance Standards. The following performance standards shall be evaluated for each lot which is appended with the “Z” symbol in determining its minimum lot size: (1) Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be: Distance* Lot Size Factor 0—4,000' 0.08 4,000'—6,000' 0.10 6,000'—8,000' 0.12 * To be measured as radial distance using map maintained in the Planning Department. (2) Septic Suitability. Using generalized soils data from the Soil Conservation Service Reports, the lot size factor based on this performance standard shall be: SCS Rating* Lot Size Factor Well suited 0.30 Moderate or slow 0.50 Severe 0.70 * Refer to map maintained in Community Development Department. Percolation tests may be substituted for the soil conservation service reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion chart shall be used to determine the appropriate lot size factor: Percolation Rating Minutes Per Inch Well suited Less than 20 Moderate 20 to 39 Slow 40 to 59 Severe Greater than 60 87 ITEM NUMBER: B-1 DATE: 09/13/16 (3) Average Slope. Using the basic, sectional or contour measurement method, the lot size factor based on this performance standard shall be: Slope Lot Size Factor 0—20% 0.30 21—30% 0.50 31%+ 0.70 (4) Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be: Condition Lot Size Factor Paved with slope of less than 15% or City-accepted 0.15 Paved with slope of greater than 15% 0.20 All-weather surface with slope of less than 15% 0.25 All-weather surface with slope of greater than 15% 0.30 Unimproved surface 0.40 (5) General Neighborhood Character. Using the average lot size of existing lots (except that lots larger than five (5) acres shall be excluded unless they constitute more than twenty-five percent (25%) of the total number of lots) within a one thousand (1,000) foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by zero point two (0.2). (b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section. (1) The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply. (2) If more than one (1) lot size factor can be applied to a lot, the less restrictive factor shall be used. (3) Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor. 9-3.244 Minimum Lot Size – LSF Zone. The minimum lot size in the Limited Residential Single-Family Zone shall be twenty thousand (20,000) square feet with sewer, one-half (1/2) acre where sewer is not available and may range up to two and one-half (2-1/2) acres. The size of a lot shall be consistent with the land use designation set forth in the General Plan and shall be indicated by the symbols set forth in the following chart, which shall be shown on the official zoning maps as provided by Section 9- 3.104(d). Symbol Minimum Lot Size X One-half (1/2) acre net area (excluding land needed for street rights-of-way whether publicly or privately owned). Y One (1) acre, when sewers are available. 88 ITEM NUMBER: B-1 DATE: 09/13/16 One and one-half (1-1/2) acres, when sewers are not available. Z One and one-half (1-1/2) to two and one-half (2-1/2) acres based on performance standards set forth in this section. (a) Performance Standards. The following performance standards shall be evaluated for each lot which is appended with the “Z” symbol in determining its minimum lot size: (1) Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be: Distance* Lot Size Factor 0—4,000′ 0.08 4,000′—6,000′ 0.10 6,000′—8,000′ 0.12 * To be measured as radial distance using map maintained in the Planning Department. (2) Septic Suitability. Using generalized soils data from the Soil Conservation Service Reports, the lot size factor based on this performance standard shall be: SCS Rating* Lot Size Factor Well suited 0.30 Moderate or slow 0.50 Severe 0.70 * Refer to map maintained in Community Development Department. Percolation tests may be substituted for the Soil Conservation Service Reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion chart shall be used to determine the appropriate lot size factor: Percolation Rating Minutes Per Inch Well suited Less than 20 Moderate 20 to 39 Slow 40 to 59 Severe Greater than 60 (3) Average Slope. Using the Basic, Sectional or Contour Measurement Method, the lot size factor based on this performance standard shall be: Slope Lot Size Factor 0—20% 0.30 21—30% 0.50 31%+ 0.70 (4) Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be: 89 ITEM NUMBER: B-1 DATE: 09/13/16 Condition Lot Size Factor Paved with slope of less than 15% or City-accepted 0.15 Paved with slope of greater than 15% 0.20 All-weather surface with slope of less than 15% 0.25 All-weather surface with slope of greater than 15% 0.30 Unimproved surface 0.40 (5) General Neighborhood Character. Using the average lot size of existing lots (except that lots larger than five (5) acres shall be excluded unless they constitute more than twenty-five percent (25%) of the total number of lots) within a one thousand (1,000) foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by 0.2. (b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section. (1) The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply. (2) If more than one (1) lot size factor can be applied to a lot, the less restrictive factor shall be used. (3) Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor. 9-3.245 Minimum Lot Size – RMF Zone. The minimum lot size in the Residential Multiple-Family Zone shall be one-half (1/2) acre. Smaller lot sizes may be allowed for planned residential developments, including condominiums and mobilehome developments, provided that the overall density within the project conforms with Section 9-3.252. 9-3.250 Density. New residential subdivisions and the density of residential Development shall comply with the requirements of sections 9-3.251 thorough 9-3.259. 9-3.251 Density—Agriculture & Single Family Residential Zones. New residential subdivisions and the density of residential Development shall comply with the following for single family residential zones: (a) A (agriculture). A maximum of one (1) single family residence. Additional housing for Agriculture Employees may be permitted, consistent with this Municipal Code. (b) RS (Residential Suburban). A maximum of 0.1 to 0.4 units per gross acre. A 2nd unit may be permitted consistent with Section 9-5 of this zoning ordinance. (c) RSF-Z / LSF-Z. A maximum of one (1) unit per gross acre. A 2nd unit may be permitted consistent with Section 9-5 of this zoning ordinance. (d) RSF-Y / LSF-Y. A maximum of one (1) unit per gross one-half acre. A 2nd unit may be permitted consistent with Section 9-5 of this zoning ordinance. 90 ITEM NUMBER: B-1 DATE: 09/13/16 (e) RSF-X / LSF-X. A maximum of four (4) residential units per net acre, with approval of a Planned Development Overlay zones with innovative design concepts, as approved by the City Council. A 2nd unit may permitted consistent with Section 9-5 of this zoning ordinance. 9-3.252 Density—RMF Zone. The maximum allowable density in the Residential Multiple-Family Zone shall be designated on the official zoning maps as provided by Section 9-3.104(c) and be consistent with the General Plan for new residential subdivisions as follows: (a) Areas Designated Low Density Multiple-Family Residential. The minimum number of dwelling units per net acre is two (2). The maximum number of dwelling units per net acre is ten (10). (b) Areas Designated High Density Multiple-Family Residential. The minimum number of dwelling units per net acre is twenty (20). The maximum number of dwelling units per net acre is twenty-four (24). (c) Hillside Density Standards. The densities permitted by subsections (a) and (b) of this section shall be modified to the following densities based on-site topography, as follows: Average Slope Low Density Multiple- Family (units/acre) High Density Multiple- Family (units/acre) 0—10.99% 10 20 11—15.99% 7 14 16—20.99% 5 10 21—25.99% 3 6 26—30.0% 2 4 > 30% 1 2 (d) For medical extended care services, where residents are primarily non-ambulatory, the following maximum bed/net acre densities may be permitted, where subject to Planning Commission conditional use permit approval: RMF-10 District Thirty-four (34) beds/net acre RMF-20 District Fifty-five (55) beds/net acre Such approval shall require a finding that the average daily traffic generated by the project would not exceed that of a multifamily project. The project would be further subject to the “percentage coverage” constraints of subsection (a) of the district. Off-street parking requirements would be as established by the Planning Commission. (e) Sewer Service. Sewer service and the inclusion of property within the urban services line (USL) shall be a prerequisite to developing multiple-family projects to the density standards of the RMF zone. (f) Density Bonus. A density bonus may be granted, subject to approval by the City Council through a master plan of development (CUP), consistent with Sections 9-3.801 through 9-3.806. 91 ITEM NUMBER: B-1 DATE: 09/13/16 (g) In lieu of granting a density bonus, the Planning Commission shall consider other bonus incentives allowable under Government Code Section 65915. 9-3.260 Property Development Standards. New land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the subsection 9-3.261 through 9- 2.269, in addition to applicable standards (e.g. landscaping, parking, fencing, etc) in Chapter 4 of this Title. 9-3.262 Property development standards – RMF. In addition to the standards specified in Chapter 4 of this title, General Site Design and Development Standards, the following development standards shall apply to mobile home and multiple-family residential projects: (a) Percent Coverage. The maximum percent of a lot that may be covered by structures (excluding decks less than thirty (30) inches from the ground) shall be forty percent (40%) for low density multiple-family projects and fifty percent (50%) for high density multiple-family projects. (b) Enclosed Storage. Each dwelling unit shall be provided a minimum of one hundred (100) cubic feet of enclosed storage space, exclusive of closets, which may be located in either a principal or accessory building. (c) Outdoor Recreation Areas. For developments of four (4) to seven (7) dwelling units, outdoor recreational open space shall be provided at a ratio of three hundred (300) square feet per unit. This open space may be provided either as: (1) a private amenity designed for exclusive use of a dwelling unit; or (2) as common open space provided that no individual open space is less than one thousand (1,000) square feet. For developments of eight (8) or more dw elling units, outdoor recreational open space shall be provided at a ratio of three hundred (300) square feet per unit. This common open space may be provided in more than one (1) location provided that no individual open space area is less than one thousand (1,000) square feet. (d) Screening Wall. A solid wall or fence not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single-family residential use. (e) Covered Parking. One (1) covered parking space (carport or garage) shall be required per dwelling unit of the total off-street parking required by Section 9-4.118. (f) Laundry Facilities. Laundry facilities shall be provided in the form of either: (1) laundry hook-ups within each individual dwelling unit; or (2) a shared laundry facility equipped with washers and dryers. (g) Appearance Review. All projects shall be consistent with the multifamily design and landscape requirements of the Appearance Review Manual. (h) Maintenance Requirement. A maintenance agreement for all landscaping, building exteriors, accessory structures, parking areas and other common facilities shall be approved by the Community Development Director and City Attorney prior to final occupancy. (i) RMF-20 properties identified in Appendix 1 (Vacant Residential Parcels RMF-20) of the Housing Element shall be permitted “by right” and will not be subject to conditional use permit or specific plan. Proposed planned development projects or other relief from property development standards on these parcels shall be subject to discretionary review per the requirements of the Municipal Code. 92 ITEM NUMBER: B-1 DATE: 09/13/16 Article 3. Non – Residential Zoning Districts 9-3.310 Intent. This chapter lists the land uses that may be allowed within primarily non-residential zoning districts established by Section 9-3.102 (Zoning Districts), determines the type of planning permit / approval required for each uses, and provides basic lot size and development standards for specific zones. 9-3.320 Purposes of the Non-Residential Zoning Districts. The purposes of the individual non-residential zoning districts and the manner in which they are applied are as follows: (a) CN (Commercial Neighborhood) Zoning District. This zone is established to provide for small scale retail shopping and personal service facilities at the neighborhood level. The Commercial Neighborhood Zone is situated and designed to serve the limited shopping and service needs of the immediately surrounding residential area. (b) CP (Commercial Profession) Zoning District. This zone is established to provide for offices and limited retail shopping and personal service facilities along arterials and major collectors. The Commercial Professional Zone is situated to serve streets with higher traffic volumes while also serving to provide a compatible transition between such streets and adjacent single family residential areas. (c) CR (Commercial Retail) Zoning District. This zone is established to provide for a wide range of commercial uses to accommodate most of the retail and service needs of the residents of the City and surrounding areas. (d) CS (Commercial Service) Zoning District. This zone is established to provide for light manufacturing and large lot service commercial needs of the residents of the City and surrounding areas. (e) CT (Commercial Tourist) Zoning District. This zone is established to provide for limited commercial uses intended primarily to serve the public traveling along Highway 101. (f) CPK (Commercial Park) Zoning District. This zone is established to provide for large lot commercial and light manufacturing uses. It is intended that special attention be given to providing for comprehensive development plans to achieve appropriate functional relationships between various uses and preclude “piecemeal” development of existing larger lots. (g) DC (Downtown Commercial) Zoning District. The Downtown Commercial (DC) Zoning District is intended to enhance the economic viability and pedestrian-oriented character of the downtown by encouraging a wide range of retail shops, including artisan craft sales and production; Restaurants, entertainment facilities, lodging, and non-automotive services (banks, health care, etc.); First floor office uses are allowed with storefront and signage appearance review and approval of the Design Review Committee (DRC); however, office uses are encouraged to locate on upper floors leaving prime first floor spaces available for retail and restaurant spaces; and Residential uses on upper floors. (h) DO (Downtown Office) Zoning District. The Downtown Office (DO) Zoning District is intended to apply to properties that border the DC District, where a wide variety of 93 ITEM NUMBER: B-1 DATE: 09/13/16 professional and other office uses will encourage a weekday pedestrian flow that can take advantage of the restaurant and shopping opportunities in the overall downtown area. (i) IP (Industrial Park) Zoning District. This zone is established to provide for the light manufacturing and large lot service commercial needs of the residents of the City and surrounding areas. (j) I (Industrial) Zoning District. This zone is established to provide suitable locations for heavy manufacturing and industrial uses within the City. 94 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.330 Non-Residential district allowable land uses. Table 3-2 identifies the uses of land allowed this Zoning Code in each non-residential district, and the planning permit required to establish each use, in compliance with Section 9-1 and Section 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I Agricultural Resources Agricultural Produce Stands A A A A 9-6.117 Farm Equipment & Supplies A A A A A Farmer’s Market CUP CUP CUP CUP CUP A A Horticultural specialties A A A A A 9-6.116 Large Scale Ag Manufacturing CUP CUP A 9-6.103 Livestock Specialties A CUP 9-6.115 Residential Uses Age Restricted Housing CUP Care Taker’s Residence / Employee Unit CUP CUP CUP Live/Work Unit A3 Multi-family Dwellings CUP1 CUP2 CUP1 CUP2 A3 A3 Single-family dwelling A3 A3 Single-Room Occupancy Units CUP 9-6.184 Recreation, Education, & Public Assembly Amusement Services CUP CUP CUP A A Churches & Related Activities CUP CUP 9-6.121 Indoor Recreation Services CUP CUP CUP A A A CUP CUP Libraries, Museums A A A A A A Membership Organizations A A CUP CUP Outdoor Recreation Services CUP CUP A 9-6.123 Parks & Playgrounds A A Public Assembly & Entertainment CUP CUP A CUP CUP 95 ITEM NUMBER: B-1 DATE: 09/13/16 Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I Schools -Business & Vocational A A A A CUP CUP CUP CUP 9-6.125 Schools A A A CUP CUP 9-6.125 Recreation, Education, & Public Assembly Social & Service Organizations A A A Sports Assembly CUP CUP A Temporary Events A A A A A A 9-6.177 Tourism, Lodging, & Dining Bar/Tavern CUP CUP CUP A Bed and Breakfast CUP CUP CUP CUP Drive-Through Sales or Services CUP CUP CUP CUP CUP CUP 9-4.122 Eating &Drinking Places A A A A A A A Hotels, Motels CUP A A A CUP Microbrewery - Brewpub A CUP A A A A A CUP Recreational Vehicle Parks A 9-6.180 Tasting Room A CUP A A A A A CUP Retail Trade and Sales5 Accessory Storage A A A A A A A 9-6.103 Adult Oriented Business A A A A 9-16 Artisan Foods and Products A A A A4 A A Auto Dealers (New & Used) & Supplies CUP CUP CUP CUP CUP 9.6.163 Building Materials & Hardware A A A A A A 9-6.165 Fuel Dealer A A A A A 9-6.129 General Retail A A A A A A A General Retail greater than 50,00 sf CUP CUP CUP CUP CUP CUP CUP Mobile eating and drinking vendors6 A A A A A A A A Sales Lots CUP CUP CUP CUP 9-6.139 Service Stations CUP CUP CUP A 9-6.164 Temporary or Seasonal Sales A A A A A A A A A 9-6.176 Services-Business, Financial & Professional 96 ITEM NUMBER: B-1 DATE: 09/13/16 Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I ATM A A A A A A A A A A Financial Services & Banks A A A A A A CUP A Government Offices & Facilities A A A A A A A A A A Health Care Services A A A CUP A A A Offices A A A A A A A A Temporary Offices A A A 9-6.176 General Services Animal Hospitals CUP A CUP 9-6.110 Auto Repair and Services CUP A A CUP A A 9-6.168 Business Support Services A A A A A A A A Contact Construction Services A A A A Day Care Childcare Center A A A CUP 9-6.125 Large Family Day Care A A A CUP 9-6.125 Small Family Daycare A3 Adult Day Care Facility A A A CUP Kennels CUP A 9-6.111 Medical Extended Care Services: 6 Residents or Less A A 9-6.134 Medical Extended Care Services: 7 Residents or More A A 9-6.134 Mini-Storage CUP CUP A A Mortuary Services A A Personal Services A A A A A CUP A Personal Service Restricted A CUP CUP Printing & Publishing CUP CUP A A A RCFE – Assisted Living A A A 9-6.135 RCFE – Independent living / Senior Apartments CUP CUP CUP 9-6.135 97 ITEM NUMBER: B-1 DATE: 09/13/16 Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I RCFE – Retirement Hotel CUP CUP CUP 9-6.135 Residential Care: 6 Residents or Less A3 A3 9-6.135 Vehicle & Equipment Storage5 CUP CUP A A 9-6.183 Industrial, Wholesale, Manufacturing Uses Brewery – Production CUP CUP A A Collection Stations A A A A A A A A 9-6.130 Laundries & Dry Cleaning Plants A A A A Medical Research CUP A A CUP A A Manufacturing & Processing - Low Intensity CUP CUP A A A A Manufacturing & Processing – High Intensity5 CUP CUP AUP AUP Recycling & Scrap CUP CUP 9-6.131 Recycling Centers CUP CUP 9-6.132 Research & Development CUP A A CUP A A A Storage, Recycling and Dismantling of Vehicles and Material CUP A A 9-6.131 Warehousing CUP CUP A A Wholesaling & Distribution Center5 AUP AUP A A A A Winery - Boutique A A A A A A A Winery – Production CUP CUP A A Transportation Communication & Infrastructure Broadcast Studios A A Data and Computer Services Center AUP AUP CUP A A Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP Telecommunication Facility CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Transit Stations CUP CUP A CUP CUP CUP CUP CUP Utility Facilities CUP CUP CUP CUP CUP CUP CUP CUP Vehicle & Freight Terminals CUP CUP CUP 98 ITEM NUMBER: B-1 DATE: 09/13/16 Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I Utility Infrastructure A A CUP A A A CUP CUP A A Notes: (Only these notes apply to this table below). 1 Multi-family dwellings permitted when located on the second floor or above. 2 Multi-Family dwellings permitted when located on the second floor or above, or within an existing residential structure of historical significance. 3 Residential uses allowed only on second and third floor, except sites north of Olmeda Avenue. If a project is required to provide a unit in compliance with the Americans with Disabilities Act, the handicapped accessible unit may be located on a first floor. A first floor unit shall be located in a non-storefront location within a tenant space. 4 Handcrafted and artisan food production shall be ancillary to the retail component. 5 Outdoor commercial and industrial sales and storage developments as defined by Section 9-9.102 of ten thousand (10,000) square feet or more, even if such a development is listed as an allowable use in a particular zoning district. 6 Mobile Food vending permitted if use is located outside of right-of-way and located on private property Zoning District Abbreviations CN – Commercial Neighborhood; CP – Commercial Professional; CR – Commercial Retail; CS – Commercial Service ; CT – Commercial Tourist; CPK – Commercial Park; DC – Downtown Commercial; DO – Downtown Office; IP – Industrial Park ; I – Industrial 99 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.340 Property Development Standards. New subdivisions, land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the subsection 9-3.461 through 9-3.450, in addition to applicable standards (e.g. landscaping, parking, fencing, etc) in Chapter 4, and Special Land Use Regulation in Chapter 6 of this Title. 9-3.341 CN Zone The following are property development standards for the CN in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Neighborhood Zone. (b) Multi-Family Dwellings. Multi-Family dwellings are permitted with a minor conditional use permit when located on the 2nd floor or above. 9-3.342 CP Zone The following are property development standards for the CP in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Professional Zone. 9-3.343 CR Zone The following are property development standards for the CR in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Retail Zone. (b) Parking. Parking areas designated to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty (30) inches in height. (c) Setback. A minimum freeway setback of ten (10) feet shall be provided. Said setback area shall be landscaped. (d) Utilities. All new and existing utilities shall be installed underground. 9-3.344 CS Zone The following are property development standards for the CS in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Service Zone. 9-3.345 CT Zone The following are property development standards for the CT in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Tourist Zone. 9-3.346 CPK Zone The following are property development standards for the CPK in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. The minimum lot size in the Commercial Park Zone shall be two (2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Park Zone. 100 ITEM NUMBER: B-1 DATE: 09/13/16 (b) Parking. Customer and employee parking areas designed to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty (30) inches in height. This may be modified through the conditional use permit process. (c) Setback. A minimum freeway setback shall be provided. Said setback shall be landscaped. This may be modified through the conditional use permit process. (d) Utilities. All new and existing utilities shall be installed underground. 9-3.347 DC / DO Zone The following are property development standards for both the DC and DO zoning districts, in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title. Development Feature Requirement by Zoning District DC DO Downtown Commercial Downtown Office Minimum lot size No minimum Setbacks Minimum and maximum setbacks required. See Section 9-4.103 for setback requirement, allowed projections into setbacks, and exceptions to setbacks. Front None allowed, except for building insets designed to accommodate outdoor eating and seating areas, and except for East and West Mall between El Camino Real and Palma Avenue, where a minimum of twenty (20) feet is required. As required by Section 9-4.106 when adjacent to a residential zone, none required otherwise. Sides (each) None required Rear None required Creek To be determined through Design Review Height limit Forty-five (45) feet not to exceed three (3) stories; eighteen (18) feet on the west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H-B, Atascadero Colony Map. Thirty-five (35) feet Landscaping As required by Sections 9-4.124 et seq. (Landscaping, screening and fencing) Off-street parking None required, except as required by Section 9-4.114 for hotels, motels, and residential uses, and for all development east of Atascadero Creek. As required by Sections 9-4.114 et seq. Signs See Section 9-15.005(b) 101 ITEM NUMBER: B-1 DATE: 09/13/16 Density Twenty (20) dwelling units/acre maximum Twenty (20) dwelling units/acre maximum 9-3.348 IP Zone The following are property development standards for both IP zoning district, in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title. (a) Lot Size. There shall be no minimum lot size in the Industrial Park Zone. 9-3.349 I Zone The following are property development standards for both I zoning district, in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title. (a) Lot Size. There shall be no minimum lot size in the Industrial Zone. 102 ITEM NUMBER: B-1 DATE: 09/13/16 Article 4. Public Zoning Districts 9-3.410 Intent. This chapter lists the land uses that may be allowed within primarily public zoning districts established by Section 9-3.102 (Zoning Districts), determines the type of planning permit / approval required for each uses, and provides basic lot size and development standards for specific zones. 9-3.420 Purposes of the Non-Residential Zoning Districts. The purposes of the individual public zoning districts and the manner in which they are applied are as follows: (a) L (Recreation) Zoning District. This zone is established to provide suitable locations and standards for the development of recreational facilities accommodating the needs of the general public. (b) LS (Special Recreation) Zoning District. This zone is established to provide suitable locations and standards for the development of recreational facilities on land in private ownership. This zone also provides for residential and agricultural uses where intensive recreational activity may not be appropriate. (c) P (Public) Zoning District. This zone is established to provide suitable locations and standards for the maintenance and development of public and quasi-public facilities and services. (d) OS (Open Space) Zoning District. This zone is established to cover areas with environmentally sensitive natural or cultural resources and generally is intended to remain free of structures but may be developed with low intensity recreational improvements, where appropriate. 103 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.430 Public districts allowable land uses. Table 3-3 identifies the uses of land allowed this Zoning Code in each public district, and the planning permit required to establish each use, in compliance with Section 9-1 and Section 9- 2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. Table 3-3 Public Zone Uses Allowed Land Uses and Permit Requirements Public Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) L LS P OS Agricultural Resources Agricultural Accessory Uses A Farm Animal Raising A Farmers Market A A A Horticultural Specialties CUP Residential Uses Residential Accessory Uses A 9-6.106 Single-Family Dwelling A CUP Temporary Dwelling A 9-6.176 Caretaker’s Residence / Employee Unit CUP 9-6.184 Recreation, Education, & Public Assembly Schools -Business & Vocational A CUP 9-6.125 Schools A 9-6.125 Churches & Related Activities CUP 9-6.121 Membership Organizations A CUP Indoor Recreation Services CUP CUP A Outdoor Recreation Services A CUP A 9-6.123 Libraries, Museums A A A Amusement Services A CUP Public Assembly & Entertainment CUP A Parks & Playgrounds A A A A Rural Sports & Group Facilities A CUP 9-6.124 Social & Service Organizations CUP Sports Assembly CUP Temporary Events A A A 9-6.177 Cemeteries CUP CUP CUP Tourism, Lodging, & Dining Bed and Breakfast A A 104 ITEM NUMBER: B-1 DATE: 09/13/16 Table 3-3 Public Zone Uses Allowed Land Uses and Permit Requirements Public Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) L LS P OS Hotels, Motels CUP Recreational Vehicle Parks CUP CUP CUP 9-6.180 Eating &Drinking Places CUP CUP Retail Trade & Sales Accessory Storage A A 9-6.103 General Retail A CUP Temporary or Seasonal Retail Sales A A A 9-6.174 Services-Business, Financial & Professional ATM A Government Offices & Facilities A Health Care Services CUP Temporary Offices A Home Occupation A General Services Animal Hospitals CUP Residential Care: 6 Residents or Less CUP 9-6.125 Residential Care: 7 Residents or More CUP 9-6.125 Medical Extended Care Services: 6 Residents or Less CUP 9-6.134 Day Care Childcare Center CUP 9-6.125 Adult Day Care Facility CUP Medical Extended Care Services:7 Residents or More CUP 9-6.134 Mortuary Services CUP Mini-Storage CUP Industrial, Wholesale, Manufacturing Uses Collection Stations A A A 9-6.130 Transportation Communication & Infrastructure Parking Lots A Transit Stations CUP CUP Utility Facilities A A A CUP Utility Infrastructure CUP CUP CUP CUP Broadcast Studios A Telecommunication Facilities CUP CUP CUP 105 ITEM NUMBER: B-1 DATE: 09/13/16 Table 3-3 Public Zone Uses Allowed Land Uses and Permit Requirements Public Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) L LS P OS Notes: Zoning Districts Abbreviations L – Recreation; LS-Special Recreation; P-Public ; OS – Open Space 106 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.440 Property Development Standards. New subdivisions, land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the subsection 9-3.461 through 9-3.450, in addition to applicable standards (e.g. landscaping, parking, fencing, etc) in Chapter 4, and Special Land Use Regulation in Chapter 6 of this Title. 9-3.441 L Zone The following are property development standards for L in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Recreation Zone. 9-3.442 LS Zone The following are property development standards for the LS in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Special Recreation Zone, except for parcels in-tended for single-family residential use where the minimum lot size shall be one (1) acre when sewers are available and one and one-half (1 1/2) acres when sewers are not available. 9-3.443 P Zone The following are property development standards for the P in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Public Zone, except for parcels intended for single family residential use where the minimum lot size shall be two and one-half (2 1/2) acres. 9-3.444 OS Zone The following are property development standards for the OS in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Open Space Zone. 107 ITEM NUMBER: B-1 DATE: 09/13/16 Article 5. Land Use Definitions 9-3.501 Purpose. This section contains descriptions of the types of land uses which can be established in the various zones. The uses described here are allowed in the various zoning districts established. The description of land uses are intended only to list the various land uses included under each general heading and do not explain what permit requirements or performance standards may be applicable to a given use. If a use here within is not defined in this section, or in other provisions of the City of Atascadero Municipal Code, the Community Development Director shall determine the correct definition. 9-3.520 Definitions. As used in Title 9, the following terms and phrased shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. A. Definitions “A” Accessory Storage. The indoor or outdoor storage of various materials on the same site as a principal building or land use which is other than storage, which supports the activities or conduct of the principal use. Adult-Oriented Business. Any business defined by Chapter 19 of Title 9 in the Atascadero Municipal Code, or subsequent code section, as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor (excluding State-licensed massage therapy), sexual encounter establishment, or nude model studio is a adult oriented business. Age Restricted Housing. Residential multifamily or single-family units that restrict occupancy based on age. This use typically consists of senior housing which restricts age for fifty-five (55) and older. Agricultural Accessory Uses. Use that are customarily part of an agricultural including structures that are designed to house farm implements, hay, grain, poultry, livestock, or other horticulture products, including non-commercial greenhouse that are incidental and secondary to a residential use. This does not include garages, workshops, or other similar residential accessory structures. Agriculture Employee Housing. Includes single-family dwellings, or other lodging accommodations provided as a part of farming operations, as regulated under the California Health and Safety Code, employees on land owned by the owner of the building site on which the lodging is located. Agricultural Produce Stands. Open structures for the retail sale of agricultural products (except hay, grain and feed sales which are included under “Farm Equipment and Supplies”) which are 108 ITEM NUMBER: B-1 DATE: 09/13/16 grown on the site in residential or agriculture zones. This does not include Farmer’s Markets or “seasonal sales located in non-residential zoning districts, defined under “temporary sales”. Amusement Services. Establishments providing indoor amusement or entertainment on payment of a fee or admission charge, such as: arcades and coin -operated amusements; card rooms, billiard and pool halls as a primary use; alleys; ice skating and roller skating; dance halls, and ballrooms which are principal uses rather than being subordinate to an eating or drinking place; gymnasiums, reducing salons, health and exercise facilities that do not include courts or similar facilities designed for tennis, handball, racquetball or similar indoor participation sports. Animal Hospitals . Establishments primarily engaged in performing services for animals, including veterinary services and animal hospitals. Does not include kennels, which are listed as a separate category. Artisan Foods and Products. An establishment that specializes in artisan food production, art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the facility includes a retail component. Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling new and used automobiles, including, but not limited to, light trucks (US DOT Class 1, 2, and 3), boats (FBSA Class A and Class 1 boats (under twenty-six (26) feet in length)), recreational vehicles, recreational/utility trailers, motorcycles and mopeds. Also includes establishments selling new parts and accessories within a building for the abo ve. Does not include establishments dealing exclusively in used parts. Includes automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the same site. Does not include “service stations,” which are separately defined. Auto Repair and Services. Service establishments primarily engaged in the repair, alteration, painting, washing or waxing of automobiles , and lube services . May also include rental of cars, trucks or trailers; leasing of cars and trucks. Does not include repair shops which are subordinate to and maintained by a vehicle dealership. Automated Teller Machine (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institutions personnel. The machines may be located at or within banks, or in other locations. B. Definitions “B” Bar/Tavern. Establishments where alcoholic beverages are sold for on -site consumption, which is not part of a larger restaurant. Includes bars, taverns, pubs, night clubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Does 109 ITEM NUMBER: B-1 DATE: 09/13/16 not include adult entertainment businesses or uses defined under microbreweries or tasting rooms. Bed and Breakfast. Transient lodging establishments primarily engaged in providing overnight or otherwise temporary lodging for the general public. Such establishments provide limited meal service, generally breakfast, for lodgers Broadcasting Studios. Commercial and public communications uses including radio, television broadcasting and receiving stations and studios with facilities entirely within buildings. Does not include antennas and towers, which are defined under “telecommunications facilities”. Brewery – Production. An establishment which produces ales, beers, meads, hard ciders, and/or similar beverages on -site. Production breweries are classified as a use which requires a Class 01 type licensure from Alcohol Beverage Control (ABC). Breweries may also serve beverages on-site, and sell beverages for off -site consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Building Materials and Hardware. Retail trade establishments primarily engaged in the sale of lumber and other building materials, including paint, wallpaper, glass, hardware, nursery stock, lawn and garden supplies. Includes all such stores selling to the general public, even if sales to contractors account for a larger proportion of total sales. Establishments primarily selling plumbing, heating, and air conditioning equipment and electrical supplies are classified in “Wholesaling and Distribution Centers.” Business Support Services . An establishment or business located within a building and provides services to other business including but not limited to:  Blueprinting and reprographics, copying and quick printing services;  Computer related services repair and rental;  Private mail and mailbox service not affiliated with federal mailing agency;  Protective services (other than office related) and security system services;  Outdoor advertising and signage services;  Services to structures such as window cleaning, exterminators, janitorial services and other similar types. C. Definitions “C” Caretaker Residence/Employee Unit. A permanent residence that is secondary or accessory to the primary use of the property, and used for housing a caretaker employed on the site of any nonresidential use where a caretaker is needed for security purposes or to provide twenty-four (24) hour care or monitoring of plants, animals, equipment, or other conditions on the site. Does not include housing for caretaker-type employees in the Agriculture Zone which is defined as “Agriculture Employee Housing.” Cemeteries. Interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries and cemetery, mauso-leum 110 ITEM NUMBER: B-1 DATE: 09/13/16 and columbarium operations. Excludes funeral parlor and related facilities which are listed under “Mortuary Services.” Churches and Related Activities. Religious organization facilities operated for worship or for promotion of religious activities, including churches and religious Sunday-type schools. Other establishments maintained by religious organizations, s uch as educational institutions, hospitals and other operations that may be considered commercial in nature if not run by the religious organization (such as a recreational camp) are classified according to their respective activities. Collection Stations. Facilities for the temporary accumulation and storage of recyclable discarded materials, which are subsequently transported to recycling centers or solid waste disposal sites for further processing. Does not include automobile wrecking yards or any recycling processing facilities, which are listed under “Recycling and Scrap.” Does not include temporary storage of toxic, mutagenic or radioactive waste materials. Contract Construction Facilities. Office uses with indoor/or outdoor facilities operated by, or on behalf of a contractor for storage of large equipment, vehicles, and/or other materials commonly used in the individual contractor’s type of business and can include the storage of materials used for repair and maintenance of contractor’s own equipment; and buildings or structures for uses by the contractor. D. Definitions “D” Data and Computer Services / Center . A use where the majority of the space is occupied by computers and/or related equipment and where information is processed, transferred, and/o r stored (also commonly referred to as “server farms”. Data and computer service / centers may contain data technology centers, internet service providers (ISPs), network operation centers, web hosting facilities and other similar establishments primarily engaged in providing direct access through telecommunication networks to computer -held information. Day Care. Facilities that provide non-medical care and supervision of individuals for periods of less than twenty-four (24) hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services or successor agency. Day care uses include the following:  Child Care Center. Child day care facilities designed and approved to accommodate fifteen (15) or more children. Includes infant centers, nursery school, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.  Large Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or successor provision, a home that regularly provides care, protection, and supervision for seven (7) to twelve (12) children, including up to two (2) 111 ITEM NUMBER: B-1 DATE: 09/13/16 children under the age of ten (10) years who reside in the home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away.  Small Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or successor provision, a home that provides family day care for six (6) or fewer children, including two (2) children under the age of ten (10) years who reside in the home.  Adult Day Care Facility. A day care facility providing care and supervision for adult clients. Drive-Through Sales or Services. A facility where food or other products may be purchased or where services may be obtained by motorists without leaving their vehicles. Examples of drive- through sales facilities include fast-food restaurants, drive-through coffee, photo-stores, pharmacies, etc. Examples of drive-through service facilities include drive-through bank teller windows, automated teller machines (ATM), dry cleaners / laundromats, etc. but do not include service stations or other vehicle services, which are separately defined. . E. Definitions “E” Eating and Drinking Places. Restaurants and other establishments selling prepared foods and drinks for consumption on the premises, as well as facilities for dancing and other entertainment which are secondary and subordinate to the principal use of the establishment as an eating and drinking place. Also includes lunch counters and refreshment stands selling prepared goods and drinks for immediate consumption. Restaurants, lunch counters, and drinking places operated as subordinate service facilities within other establishments are not included here unless they are operated as leased departments by outside operators. Does not include establishment s with drive- through facilities or uses defined under adult oriented business. EV Charging Site. Electric Vehicle (EV) charging site includes level one, level two, and level three charging sites that are an accessory use to a primary use, such as a parking lot, building, or multi-family residence. These charging sites are incidental uses and may or may not charge a fee for use. Does not include stand-alone EV charging station as defined in “Service Stations”. F. Definitions “F” Farm Animal Raising. The keeping, feeding or grazing of animals as an avocation, hobby, or school project, subordinate to the principal residential use of a property, includes species commonly considered as farm animals as well as exotic species, but does not include household pets. This include s the raising or feeding of beef cattle, sheep and goats by grazing or pasturing. Does not include uses defined as “Livestock Specialties.” Farm Equipment and Supplies. Establishments primarily engaged in the sale or rental of agricultural machinery and equipment for use in the preparation and maintenance of the soil, the planting and harvesting of crops, and other operations and processes pertaining to work on the farm; also dairy and other livestock equipment including trailers. Includes agricultural 112 ITEM NUMBER: B-1 DATE: 09/13/16 machinery, dairy farm machinery and equipment, irrigation equipment, poultry equipment and frost protection equipment; hay, grain and feed sales. Farmers Market. The temporary and intermittent use of a public or private property for the outdoor sales of food and farm produce in compliance with California Food and Agriculture Code Section 1392 et. seq., and artisan products or similar famers markets products that include multiple sales vendors. Financial Services. Service establishments primarily engaged in the field of finance, including: banks and trust companies; credit agencies other than banks; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding (but not predominantly operating) companies; and other investment companies. Fuel Dealers. Retail trade establishments primarily engaged in the sale to consumers of liquefied petroleum gas (LPG), propane, bottled or other fuels in bulk. Does not include accessory uses as part of a service station. G. Definitions “G” General Retail. Stores and shops selling either many lines of merchandise, or specialized type of merchandise, where the retail sales are conducted within the entire footprint of a building . Examples include but not limited to:  Antique stores; second hand stores, jewelry stores, hobby materials, specialty stores;  Art galleries, art supplies, collectibles, hobby materials;  Bicycles, toys, games, sporting goods and equipment;  Department stores, drug stores, pharmacies, supermarkets, groceries stores, specialty food markets, membership warehouse clubs;  Florists, house plant stores (indoor sales), small house wares;  Home Furniture stores, consumer electronic / audio visual goods, bookstores, home and/or office appliance stores (excludes wholesale sales not open to the general public )  New clothing, shoes, and accessory retail stores;  Stationary, dry goods, fabric stores and sewing supplies, and variety stores;  Stand-alone convenience markets (excludes fuel sales), warehouse retail stores, building supply hardware stores where outdoor sales are limited to under 10,000 sf. Government Offices & Facilities. Administrative, clerical, or public contact and/or service offices of recognized local, state, or federal agencies. Includes post offices, City Hall, municipal corporation yards, etc. H. Definitions “H” Health Care Services. Service establishments primarily engaged in furnishing medical, mental health, surgical and other personal health services including: medical, dental and psychiatric offices (mental health) related services, including various types of counseling practiced by licensed individuals other than medical doctors or psychiatrists, or unlicensed individuals, are 113 ITEM NUMBER: B-1 DATE: 09/13/16 included under “Offices”; medical and dental laboratories; outpatient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included. Also includes hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. Nursing homes and similar long-term personal care facilities are classified in “Residential Care.” Home Occupations. The gainful employment of the occupant of a dwelling, with such employment activity being subordinate to the residential use of the property. Horticultural Specialties. Businesses engaged in the production of ornamental plants, tree farms, and other products, grown under cover or outdoors. Also includes establishments engaged in the sale or on-site production of such product. Hotels, Motels. Commercial transient lodging establishments, including hotels, motor hotels, motels, tourist courts or cabins, primarily engaged in providing overnight or otherwise temporary lodging, with or without meals, for the general public. Such establishments shall not provide kitchen facilities in more than twenty-five percent (25%) of the units. I. Definitions “I” Indoor Recreation Services. Facilities for various indoor sports and recreation, including: bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs; tennis, handball, racquetball and similar indoor sports; shooting and archery ranges; recreation and community centers. J. Definitions “J” K. Definitions “K” Kennels. A lot, building, structure, enclosure or premises where four (4) or more dogs or cats (four (4) months of age or older) are kept or maintained, including the keeping of such animals for sale, for commercial breeding or for lodging and care. Does not inclu de dogs and cats kept for noncommercial purposes. L. Definitions “L” Large Scale Ag Manufacturing. The large scale processing of agriculture products subsequent to their harvest, with the intent of preparing them for market or further processing including: alfalfa cubing; hay baling and cubing; corn shelling; drying of corn, rice, hay, fruits and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading and packaging of fruits and vegetables; tree nut hulling and shelling; cotton ginning; and wineries in excess of 1,000 square feet in total use area. This does not include the growing, harvesting, and production of medical marijuana, or legally approve uses of marijuana by either the State of California or Federal Government. 114 ITEM NUMBER: B-1 DATE: 09/13/16 Laundries and Dry Cleaning Plants. Service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pickup stores without dry cleaning equipment, which are classified in “Personal Services.” Libraries, Museums. Permanent public or quasi-public facilities generally of a noncommercial nature such as libraries, museums, art exhibitions, planetariums, aquariums, botanical gardens, arboretums and zoos. Also includes historic sites and exhibits. Livestock Specialties. Agricultural establishments primarily engaged in commercial livestock keeping or feeding as a principal land use which, because of operational characteristics, may generate dust, odors or visual impacts which could have an adverse effect upon adjacent properties. Such uses include dairies, chicken, turkey and other poultry farms; animal specialties (such as rabbit farms and other fur-bearing animals); other specialties such as bee farms, aviaries, worm farms, etc. Live/Work Units. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:  Complete kitchen space and sanitary facilities in compliance with the Building Code; and  Working space reserved for and regularly used by one or more occupants of the unit.  Working space include uses that are either permitted within the zoning district. M. Definitions “M” Manufacturing, Repair, & Processing – Low Intensity. A facility or business that engages in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing process and the materials used are unlikely to cause significant impacts to the existing surrounding neighborhood or businesses in a indoor setting. Example of manufacturing and processing uses that are considered low intensity include the following but are not limited to:  Artisan manufacturing and production where no retail component exists;  Production, assembly, and/or repair where no raw materials are manufactured;  Production and assembly of precision electronics and scientific instruments, including on-site offices;  Producing or processing of foods and beverages for human consumption where no retail component exists and does not include noxious odors or excessive noise and no slaughter occurs on -site;  Repair and service of small consumer products;  Small scale manufacturing where assembling and/or manufacturing is com pleted by hand or precision tools;  Small product manufacturing not classified in another major manufacturing group. 115 ITEM NUMBER: B-1 DATE: 09/13/16 Manufacturing, Repair, & Processing – High Intensity. A facility or establishment that accommodates manufacturing process that involve and/or produce building materials, fabricated metal products, machinery, and other similar manufacturing uses, where the intensity or scale of operations is determined to be greater than those classified under “manufacturing & processing – low intensity”, but where impacts to surrounding neighborhoods, businesses, and the community may cause a significant impact. Uses may have an indoor setting, however uses may also be conducted outdoors. Examples of manufacturing and processing uses that are considered high- intensity include the following but are not limited to:  Machinery manufacturing that makes or process raw materials into products;  Metal fabrication and welding shops engaged in the production and/or assembly of metal, and other similar metal shops;  Manufacturing that cuts, shapes, and/or finishes building materials used in home or non- residential construction;  Chemical product manufacturing that produces or uses basic chemicals and other establishments creating products predominantly by chemical processes;  Product manufacturing that produces bulk concrete, asphalt, and other paving materials;  Paving and roof materials manufacturing of various common paving and petroleum-based roofing materials including bulk asphalt, paving blocks made of asphalt, creososte wood, and various compositions of asphalt and tar;  Plastics, other synthetics and rubber manufacturing;  Primary metal industries engaged in smelting, refining of ferrous and non-ferrous metals;  Other similar heavy intensive uses Medical Extended Care Services. Residential facilities providing nursing and health-related care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “Residential Care.” Medical Marijuana. See Section 9-6.186. Medical Research. Establishment related to medical and/or dental research, testing and analysis, including but not limited to trial and clinical research. Biomedical and pharmaceutical research and development facilities are not included in this definition. Medical Research does not include the storage or use of quantities of hazardous materials nor any toxic gas. Additionally, Medical Research may include storage and use of etiological (biological) agents up to and including Risk Group 2 or Bio Safety Level 2 (Center for Disease Control). Typically uses are a part of a campus like setting such as a business park or stand-alone building. Membership Organizations. Organizations operating on a membership basis for the promotion of the interests of the members, including: business associations; professional membership organizations; labor unions and similar labor organizations; civic, social and fraternal organizations (not lodging); political organizations and other membership organizations. 116 ITEM NUMBER: B-1 DATE: 09/13/16 Micro-Brewery/Brewpub. An establishment that produces ales, beers, meads, hard ciders / and or similar beverages to serve on-site. Sale of beverages for off-site consumption is also permitted consistent with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Food service for on-site consumption is allowed as an ancillary use. Brewpubs and microbreweries are considered small operations consistent with ABC license type 23, 40, or 42 or State similar licensures. Mini-Storage. Buildings containing individual storage areas rented or leased to the general public. Does not include warehousing or exterior storage facilities. Mobile home Park. Any site that is planned and improved to accommodate two (2) or more mobile homes used for residential purposes, or on which two (2) or more mobile homes, as the term “mobile home” is defined in California Civil Code Section 798.3 or successor provision of the California Mobilehome Residency Law, for non-transient use, are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. Mobile home / Manufactured home. A modular structure that is transportable in one or more sections, that is certified under the Nation Manufactured Housing Construction and Safety Standards Act of 1974, is tied down to either a permanent foundation with wheels removed and skirted. A mobile home on a permanent foundation is considered a single-family dwelling. Mobile eating and drinking vendors. Any vehicle, wagon, or pushcart that is self-propelled or can be pushed/pulled down a street or sidewalk, on which food is displayed, prepared, or processed for the purpose of selling food or drinks to a consumer. Mortuary Services. Establishments with facilities for the preparation of the dead for burial, cremation and for the holding of funeral observances and services. Accessory facilities may include a cemetery, columbarium or mausoleum. Includes: funeral homes and parlors, mortuaries and related facilities. Multiple-Family Dwelling. Two (2) or more dwelling units located on a single lot, each occupied by a single housekeeping unit; includes buildings or groups of buildings designated as apartments, duplexes, triplexes and condominiums, but not including motels, hotels, dormitories, or RV parks as herein defined. Also includes transitional housing, supportive housing and single room occupancy housing where people live as independently as possible with the assistance of social services tailored to each person’s needs as defined in Section 9-9.102 of the Zoning Ordinance. This does not include secondary units in single family zoning districts. N. Definitions “N” O. Definitions “O” 117 ITEM NUMBER: B-1 DATE: 09/13/16 Offices. Establishments engaged in performing a service in a professional office including: engineering, architectural and surveying services; real estate agencies; noncommercial educational, scientific and research organizations; accounting, auditing, and bookkeeping services; authors, writers, artists, etc.; advertising agencies; photography studios and small commercial art studios; employment agencies and stenographic services; reporting services; data processing and computer services; management, public relations, and consulting services; detective agencies and other similar professional services; attorneys; and counseling services provided by individuals other than licensed psychiatrists, which are included under “Health Care Services.” Organization Houses. Residential lodging houses operated by membership organizations for the benefit of their constituents and not open to the general public. Also includes fraternity and sorority residential houses and religious residential retreats. Outdoor Recreation Services. Facilities for various outdoor sports and recreation, including: amusement and kiddie parks; golf courses, golf driving ranges and miniature golf courses; skateboard parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis clubs and facilities; play lots, playgrounds and athletic fields; recreation and community centers. P. Definitions “P” Parking Lot. An open area, excluding a street or other public right -of-way, for the exclusive use of parking as a primary use for automobiles and available to either to the public or patrons of adjacent buildings or structures. Parking lots can either be free for use, or may charge a fee for compensation. Parks and Playgrounds. A public outdoor recreational facility that may provide a variety of recreational activities including playground equipment, open space areas for passive recreation including hiking and biking trails, zoos, picnicking, and sport and active recreation facilities dedicated for use to the public. Personal Services. Service establishments primarily engaged in providing non-medical services as a primary use and may include accessory retail sales of products related to the services provided. These uses include the following: beauty shops (includes permanent makeup when less than ten percent (10%) of overall sales), barber shops, day spas and massage therapy where each massage therapist is certified/licensed by a State-recognized organization, shoe repair shops, dry cleaning pickup stores, clothing rental, tailors, tanning salons, pet grooming services, nail salons, and other similar uses. Personal Services—Restricted. Service establishments that may have a blighting and/or deteriorating effect upon the surrounding area which may need to be dispersed in order to minimize their adverse impact. Examples of these uses include, but are not limited to, the following: check cashing and/or payday/same day loans; smoking, tobacco and vaping products as a primary use, fortunetellers, psychics; palm, tarot and card readers; tattoo and body piercing 118 ITEM NUMBER: B-1 DATE: 09/13/16 services; pawn shops, to which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges is done; and hot tubs and saunas that are not an accessory to a permitted use. Printing and Publishing. An establishment engaged in printing letter press, lithography gravure, screen offset or electrostic copying and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. The use also includes establishments that publish newspapers, books, and periodicals; establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition “Business Support Services”. Public Assembly and Entertainment. Facilities for public assembly and group entertainment such as: public and semi-public auditoriums; exhibition and convention halls; civic theaters and meeting halls; motion picture theaters; legitimate theater facilities for live theatrical presentations or concerts by bands and orchestras; amphitheaters; meeting halls for rent and similar public assembly uses. Q. Definitions “Q” R. Definitions “R” Recreational Vehicle Parks. Transient lodging establishments primarily engaged in renting, leasing or otherwise providing overnight or short-term sites for trailers, campers, or tents, with or without individual utility hookups, but with other facilities such as public restrooms. Does not include incidental camping areas, which are included under “Rural Sports and Group Facilities.” Recycling and Scrap. Establishments primarily engaged in assembling, breaking up, sorting, temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap. Does not include waste disposal sites, which are separately defined. Does not include temporary storage of toxic or radioactive waste materials. Recycling Centers. An establishment, which is larger than a “collection station,” that serves as a community-wide center for the collection and/or processing of recyclable materials such as glass, paper, plastic, aluminum and metal cans. Research & Development. Research and development offices, devoted to scientific and engineering research and the design, development and testing of new technology and products; usually includes laboratory space or small-scale manufacturing operations. Residential Accessory Uses. Includes any use that is customarily part of a residence and is clearly incidental and secondary to a residence and does not change the character of the residential use. Residential accessory uses include the storage of vehicles and other personal property and accessory structures including garages, studios and workshops. 119 ITEM NUMBER: B-1 DATE: 09/13/16 Residential Care. A single-family or multiple-family dwelling unit that is licensed or supervised by a Federal, State, or local health/welfare agency that provides non -medical care of unrelated persons who are in need of personal service, supervision, or assistance essential for sustaining activities of daily living or for the protection of the individual. Use includes the following: children’s homes; halfway houses; rehabilitation centers; self-help group homes. Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen voluntarily by the residents or the residents’ guardians, conservators or other responsible person(s) where the following occurs: where seventy-five (75) percent of the residents are at least sixty-two (62) years of age, or, if younger, have needs compatible with other residents; and where varying levels of care and supervision are provided, as agreed to at the time of admission or as determined necessary. RCFE uses may include basic services and community space. RCFE uses include the following:  Assisted Living Facility. A residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily, individual needs of the residents. Assisted living facilities may include kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted living facilities are required to be licensed by the California Department of Social Services, and do not include Medical Extended Care Services.  Independent Living Center/Senior Apartment. Independent living centers and senior apartments are multi-family residential projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities.  Retirement Hotel. Establishments primarily engaged in providing lodging facilities limited to the aged where no medical care is provided. Such establishments may provide housekeeping and meals to the residents Resource Extraction. Uses primarily engaged in resource extraction, including but not limited to mining, developing mines or exploring for metallic minerals (ores), coal and nonmetallic minerals), or surface mines extracting crushed and broken stone, dimension stone or sand and gravel.” Rural Sports and Group Facilities. Establishments supporting special group activities such as: archery, pistol, rifle, and skeet clubs and facilities; dude ranches; health resorts including outdoor hot spring, spa or hot tub facilities; hunting and fishing clubs; recreational camps; group or organized camps; incidental, seasonal camping areas without facilities; equestrian facilities, including riding academies, schools, stables and exhibition facilities. S. Definitions “S” Sales Lots. Sales lots consist of any outdoor sales area for permanent display of motorized farm equipment, boats (FBSA Class 3 and 4 boats (over twenty-six (26) feet in length)), heavy 120 ITEM NUMBER: B-1 DATE: 09/13/16 commercial trucks (US DOT Class 4 through 8), mobilehomes, construction equipment, or other heavy equipment; outdoor equipment rental yards. Schools—Business and Vocational. Business and secretarial schools; vocational schools offering specialized trade and commercial courses; specialized non-degree granting schools, such as: music schools; dramatic schools; language schools; driver education schools; ballet and other dance studios; and establishments furnishing educational courses by mail. Schools. An institution or establishment that provides a program of instruction and teaching services. Includes: preschools, elementary and secondary schools serving grades K through 12 (or portions thereof); junior colleges, colleges and universities; and similar education institutions. Does not include Sunday schools whi ch are permitted under “Churches and Related Facilities.” Secondary Residential Unit. Second residential units are defined as residential occupancy constructions (R) with a kitchen and full bathroom that is accessory to the primary unit and intended for permanent occupancy by a second housekeeping unit. Service Stations. Retail trade establishments primarily engaged in the sale of gasoline, which may also provide lubrication, oil change and tune-up services incidental to gasoline sales. May also include a towing service but does not include storage of wrecked or abandoned vehicles. Does not include uses defined as auto repair and service, or vehicle equipment storage. Single-Family Dwelling. An attached or detached building not to contain more than one (1) kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit. Also includes factory-built, manufactured housing units and mobile homes constructed in compliance with Title 25 of the California Health and Safety Code, or successor provision as defined in Section 9-9.102 of the Zoning Ordinance; transitional housing and supportive housing serving six (6) or fewer persons as defined in Section 9-9.102 of the Zoning Ordinance. Single Room Occupancy Unit (SRO). A structure that provides separate, single room, residential living units with no on-premises residential medical care. Units within the structure may have individual bathroom facilities, shared bath or toilet facilities for the residents, or any combination thereof. SRO may include structures commonly called rooming houses or boarding houses. SRO facilities shall not be age restricted. Age restricted SRO facilities shall be considered a residential care facility for the elderly (RCFE). Small Scale Ag Processing. The small scale processing of agriculture products grown or produced on-site, bottling, canning, or storage of agriculture products grown and processed on- 121 ITEM NUMBER: B-1 DATE: 09/13/16 site, where the processing or storage shall not exceed 1,000 square feet (sf) in total use areas. This does not include tasting rooms. Social and Service Organizations. Public or quasi-public establishments providing social services and rehabilitation services to such as counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies, persons with social or personal problems requiring special services and to the handicapped and the disadvantaged. Also included are organizations soliciting funds to be used directly for these related services. Also includes establishments engaged in community improvement and neighborhood development. Does not include child day care services which are classified under “Schools.” Sports Assembly. Facilities for spectator-oriented specialized group sports assembly that includes: stadiums and coliseums; arenas and field houses; race tracks (auto and animals); motorcycle racing and drag strips; and other sports that are considered commercial. Storage, Recycling and Dismantling of Vehicles and Material. Establishments primarily engaged in the storage, assembling, dismantling, sorting, and distribution of materials, equipment and vehicles. This use may be located either outdoors or indoors and includes, but is not limited to, auto wrecking yards, vehicle storage areas, vehicle impound lots, recyclable/waste material storage and transfer facilities. This does not include waste disposal sites, which are separately defined, or temporary storage of toxic or radioactive waste materials. T. Definitions “T” Tasting Room. Establishment that allows for beer, wine, or spirit tasting on-site with off-site sales directly to the public. Tasting rooms must meet the requirements of the Alcoholic Beverage Control (ABC) license type (Type 02, Type 23, Type 40, Type 42 or Type 74 license, or similar). Tasting rooms may operate within a large scale brewing, winery, or distillery facility as an ancillary. Telecommunication Facility . Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular data network, and wireless communicat ion towers (cellular phones), including commer cial earth stations for satellite -based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph, and cable television transmission f acilities utilizing hard-wired or direct cable connections. Does not include data processing centers. Temporary Dwelling. Includes the temporary use of a mobilehome or recreational vehicle as a dwelling unit, following the issuance of a building permit for a permanent residence while the permanent residence is under construction. Temporary Events. Any use of a structure or land for an event for a limited period of time where the site is not to be permanently altered by grading or construction of accessory facilities. Events include: art shows; rodeos; religious revivals; tent camps; outdoor festivals and concerts. 122 ITEM NUMBER: B-1 DATE: 09/13/16 Temporary Offices. The utilization of a mobilehome or recreational vehicle as a temporary office during the period of a construction of a permanent office facility on the same site. Temporary or Seasonal Retail Sales. Retail trade establishments primarily engaged in the sale of Christmas trees or other seasonal items; or semiannual sales of art or handcrafted items in conjunction with community festivals or art shows. Does not include Farmers Markets or Agricultural Roadside Stands. Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months (Health and Safety Code Section 50675.2(h)). This definition excludes housing for halfway houses intended for occupancy by parolees or convicted persons, children’s homes, halfway houses, rehabilitation centers, and self-help group homes. Transit Stations. Passenger stations for vehicular, bus, and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. U. Definitions “U” Utility Facilities. A fixed-base structure or facility serving as a junction point for transferring electric utility services from one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply, natural gas distribution, wastewater pump station, fiber optics junction box, or other similar facilities that are not exempted from land use permit requirements by California Government Code section 53091 or successor code. Utility Infrastructure. Pipelines for water, natural gas, sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also include telephone, cable television, and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service center as defined under “offices” or distribution substations (“Utility Facilities”). V. Definitions “V” Vehicle and Equipment Storage , Service establishments primarily engaged in the business of storing cars, buses and other motor vehicles; recreational vehicles (such as campers, motor homes, boats); construction equipment; and farm equipment. Includes both day use and long- term public and commercial garages, parking lots and structures. Does not include wrecking yards (classified in “Recycling and Scrap”). Vehicle and Freight Terminals. Transportation establishments furnishing services incidental to transportation, including: freight forwarding services; transportation arrangement services; parking, crating, inspection and weighing services; freight terminal facilities; joint terminal and 123 ITEM NUMBER: B-1 DATE: 09/13/16 service facilities; trucking facilities, including transfer and storage; public warehousing and storage. Includes both railroad transportation and motor freight transportation. W. Definitions “W” Warehousing. Uses engaged in storage of manufactured products, supplies, and equipment excluding bulk storage of materials that are flammable or explosive or that present hazards, or conditions commonly recognizable as offensive. Does not include personal storage as defined as “mini-storage”. Wholesaling and Distribution Centers. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies.. Also includes storage, processing, packaging, and shipping facilities for mail order and e-commerce retail establishments. Winery – Boutique. Winery or distillery production for no more than 3,000 cases of wine per year. Uses include fruit processing, fermentation pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine. Does not include winery production in residential zones, which is defined as Small Scale Agriculture. Winery – Production. Winery or distillery production of more than 3,001 cases of wine per year. Uses include fruit processing, fermentation pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine. This also includes uses that produce 3,001 cases of beverages or less, but do not meet the requirements for “winery – boutique”, “winery – production”, or “brewery – production”. X. Definitions “X” Y. Definitions “W” Z. Definitions “Z” Articles 6 through 22. Reserved Article 29. Reserved 124 ITEM NUMBER: B-1 DATE: 09/13/16 SECTION THREE. A categorical exemption for the zone text change amendments and replacements has been prepared and adopted as shown in Exhibit A. SECTION FOUR. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: 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: ABSTAIN: 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 125 ITEM NUMBER: B-1 DATE: 09/13/16 EXHIBIT A: Categorical Exemption PLN 2013-1462 / ZCH 2013-0168 Title 9 Zoning Ordinance Text Amendments 126 CITY OFATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero,CA 93422 805.461.5000805.461.5000 TO:File FROM:City of Atascadero Community Development Department 6500 Palma Avenue Atascadero,CA 93422 SUBJECT :Filing of Notice of Determination in Compliance with CEQA Sections 15061and 15062 Project Title LAND USE DEFINITIONS -ZONING TEXTAMENDMENT Project Location (Include County) Citywide,Atascadero,CA 93422 (San Luis Obispo County) Project Description This action consists of proposed Zoning Ordinance Text Amendments to Title 9 Planning and Zoning Code to the following sections of Chapter 3: Amend Article 1 of Chapter 3; Repeal Articles 2 through 21,and article 29 of chapter 3; Replace with Article 2 -Ag &Residential Zoning Districts, Replace with Article 3 -Non-Residential Zoning Districts, Replace with Article 4 -Public Zoning Districts, Replace with Article 5 -Land Use Definitions; Reserve Articles 6 through 21,and Article 29. Name of Public Agency Approving Project City ofAtascadero Name of Person or Agency Carrying Out Project Community Development Department,City ofAtascadero Exempt Status: Reasons why project is exempt: The California Environmental Quality Act (CEQA)(Section 15061.(3)(b)Review for Exemption exempts activities which are covered by the general rule that CEQA applies only to projects,which have the potential for causing a significant effect on the environment. Date:August 16,2016 Alfredo R.Castillo,AICP Associate Planner ITEM NUMBER: B-1 DATE: 09/13/16 ATTACHMENT 2: Land Use Table and Definitions SEE FOLLOWING ATTACHMENT THE FOLLOWING IS A KEY TO USE ATTACHMENT 2: ZONING DISTRICT ABBREIVATIONS:  Agriculture—A;  Residential Suburban—RS;  Residential Single Family—RSF;  Limited Single Family Residential—LSF;  Residential Multiple Family—RMF.  Commercial Professional—CP;  Commercial Retail—CR;  Commercial Service—CS;  Commercial Tourist—CT;  Commercial Park—CPK;  Downtown Commercial – DC;  Downtown Office – DO;  Industrial Park—IP;  Industrial—I.  Recreation—L;  Special Recreation—LS;  Public—P;  Open Space – OS. LAND USE DEFINITION NUMBERS  Each land use definition is numbered.  This corresponds to a definition contained at the end of the land use table .  Modified text is shown in red.  Land use definition eliminations are shown in grey with double strike out.  Text with no red underline or double strikeout is not proposed to be amended. 127 ITEM NUMBER: B-1 DATE: 09/13/16 ATTACHMENT 3: Proposed Article 1 Revisions Article 1. General Provisions 9-3.101 Purpose. This chapter establishes zoning districts and overlay districts in order to separate incompatible land uses from each other by: (a) Providing different zoning districts for agricultural, residential, commercial, industrial, recreation and public uses; (b) Establishing the approval procedure necessary to establish certain land uses in various zoning districts; and (c) Delineating between various uses for the purpose of regulating the location, height, bulk, number of stories and size of buildings and structures; and, the use of lots, setbacks and open spaces; and, the intensity of land uses. In so doing, it is intended to implement the General Plan adopted pursuant to Government Code Section 65300 et seq. (Ord. 68 § 9-3.101, 1983) 9-3.102 Zoning districts established. The following zoning districts are established: (a) Agricultural & Residential zoning districts: (1) Agriculture—A;. (b) Residential zoning districts: (12) Residential Suburban—RS; (23) Residential Single Family—RSF; (34) Limited Single Family Residential—LSF; (45) Residential Multiple Family—RMF. (cb) Commercial Non-Residential zoning districts: (1) Commercial Neighborhood—CN; (2) Commercial Professional—CP; (3) Commercial Retail—CR; (4) Commercial Service—CS; (5) Commercial Tourist—CT; (6) Commercial Park—CPK;. (7) Downtown Commercial – DC; (8) Downtown Office – DO; (d) Industrial zoning districts: (9) Industrial Park—IP; (10) Industrial—I. (ec) Miscellaneous specialPublic zoning districts: (1) Recreation—L; (2) Special Recreation—LS; (3) Public—P; (4) Open Space – OS.. (Ord. 68 § 9-3.102, 1983) Codify Existing Zoning Districts per State Law 128 <r ITEM NUMBER: B-1 DATE: 09/13/16 9-3.103 Overlay districts established. Overlay districts intended to protect public safety and the environment and to preserve scenic, cultural and historic resources are established as follows: (a) Overlay districts: (1) Flood Hazard—FH; (2) Geologic Hazard—GH; (3) Historic Site—HS; (4) Sensitive Resource—SR; (5) Planned Development—PD; (6) Emergency Shelters (ES) (9-3.501). (Ord. 571 § 1, 2013; Ord. 68 § 9-3.103, 1983) 9-3.104 Symbols used. (a) Zoning Districts. The letter symbols listed after each zoning district in Section 9- 3.102(a) through (c) shall be used to designate the location of various zoning districts on the official zoning maps (Section 9-1.102). (b) Overlay Districts. The letter symbols listed after each overlay district in Section 9- 3.103(a) shall be appended to the base zoning district and be placed in parentheses thereafter to designate the location of various overlay districts on the official zoning maps (Section 9-1.102). Example: Residential Suburban as the base zone within a Flood Hazard and Geologic Hazard overlay area would show on the official zoning maps as RS (FH) (GH). (c) Density in Residential Multiple-Family Zoning District. A number specifying the maximum permitted number of dwelling units per net acre in multiple-family residential zoning districts shall be appended to the base zoning district to designate the density on the official zoning maps (Section 9-1.102). Example: Residential Multiple Family allowing twenty (20) units per net acre within a Historic Site overlay area would show on the official zoning maps as RMF/20 (HS). (d) Minimum Lot Size in Residential and Agricultural Zoning District Areas. A symbol specifying the minimum lot size in acres in certain residential zoning district s shall be appended to the base zoning district and be placed following a hyphen thereafter where necessary to designate the minimum lot size on the official zoning maps (see Section 9-1.102). Example: Residential single-family with a half-acre minimum lot size in a Flood Hazard Overlay Zone would show on the official zoning maps as RSF-X(FH). Minimum lot size will not always be shown on the official maps especially in zoning districts where the minimum size is uniform, in circumstances where Chapter 9-6 establishes minimum sizes for some, but not all, uses within a zoning district, and where performance standards identified for certain zoning districts in this chapter are used to establish the minimum lot size. (Ord. 554 § 2, 2011; Ord. 68 § 9-3.104, 1983) 9 129 ITEM NUMBER: B-1 DATE: 09/13/16 ATTACHMENT 4: Proposed Article 2 Ag & Residential Zoning Districts NOTE: NON-MODIFIED TEXT THAT MAY HAVE BEEN MOVED IS NOT SHOWN AS A STRIKEOUT OR UNDERLINE Article 2. Agriculture & Residential Zoning Districts 9-3.210 Intent. This chapter lists the land uses that may be allowed within the agriculture and residential zoning districts established by Section 9-3.102 (Zoning Districts), determines the type of planning permit / approval required for each uses, and provides basic lot size and development standards for specific zones. 9-3.220 Purposes of the Agriculture & Residential Zoning Districts. The purposes of the individual agriculture and residential zoning districts and the manner in which they are applied are as follows: (a) A (Agriculture) Zoning District. This zone is established to protect, preserve and encourage agriculture on suitable land. The Agriculture Zone is intended to support and encourage the continuation of the Agricultural Preserve Program and the maintenance of productive open space. (a)(b) RS (Residential Suburban) Zoning District. This zone is established to provide for large lot residential uses in areas outside the urban services line or in other areas where large lots are desirable to protect land uses and buildings subject to inundation, steep slopes or other hazards. (c) RSF (Residential Zoning Family) Zoning District. This zone is established to provide for single-family residential areas within the urban services line. (b)(d) LSF (Limited Single Family) Zoning District. This zone is established to provide for single-family residential areas within the urban services line where the raising of farm animals would not be allowable. (c)(e) RMF (Residential Multi-Family) Zoning District. This zone is established to provide for apartment, condominium, townhouse development, and other small lot residential products, where higher density residential development is desired within the urban services line. 130 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.230 Agriculture & Residential district allowable land uses. Table 3-1 identifies the uses of land allowed this Zoning Code in each agriculture and residential district, and the planning permit required to establish each use, in compliance with Section 9-1 and Section 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. Table 3-1 – Agriculture & Residential Land Uses Allowed Land Uses and Permit Requirements Agriculture / Residential Zones A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required  Not Permitted Permitted Uses By Zones Special Use Regulation(s) A RS RSF LSF RMF Agricultural Related Uses Agricultural Accessory Uses A A A 9-6.109 Agricultural Produce Stands A A A AUP AUP 9-6.117 Agriculture Employee Housing A 9-6.107 Farm animal raising A A A AUP 9-6.112 Horticultural specialties A A 9-6.116 Large Scale Ag Manufacturing A CUP 9-6.103 Livestock Specialties A CUP 9-6.115 Medical Marijuana Cultivation A A A A 9-6.186 Small Scale Ag Processing A A A AUP AUP 9-6.103 Natural Resources and Processing Resource Extraction CUP CUP 9-6.147- 9.6-61 Residential Uses Multi-Family Housing A 9-3.175 Manufactured Home / Mobile Home A A A A A 9-6.143 Mobile Home Parks CUP CUP CUP CUP 9-6.142, 9-6.143 Organizational Houses CUP CUP CUP CUP 9-3.175 Residential accessory uses A A A A 9-6.106 Single-family dwelling A A A A 9-6.143, 9-6.184 Secondary Residential Units A A A 9.5 Temporary dwelling A A A A 9-6.175 Recreation, Education, & Public Assembly Churches and related activities CUP CUP CUP CUP 9-6.121 Parks & Playgrounds Schools CUP CUP CUP CUP 9-6.125 Schools – Business and Vocational CUP CUP CUP CUP 9-6.125 Temporary events A A A A A 9-6.177 Tourism, Lodging, & Dining Bed and Breakfast CUP CUP CUP CUP Services-Professional Day Care – Small Family Day Care Home A A A A 9-6.125 Day Care – Large Family Day Care / Child Care Center CUP CUP CUP CUP 9-6.125 Kennels CUP CUP 9-6.111 Medical Extended Care Services, six (6) A A A CUP 9-6.134 131 ITEM NUMBER: B-1 DATE: 09/13/16 Table 3-1 – Agriculture & Residential Land Uses Allowed Land Uses and Permit Requirements Agriculture / Residential Zones A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required  Not Permitted Permitted Uses By Zones Special Use Regulation(s) A RS RSF LSF RMF clients or less Medical Extended Care Services, seven (7) clients or more CUP CUP CUP CUP 9-6.134 Residential Care, six (6) clients or less A A A A 9-6.135 Residential Care, seven (7) clients or more CUP CUP CUP CUP 9-6.135 RCFE – Assisted Living, six (6) clients or less A A A A 9-6.135 RCFE – Assisted Living, seven (7) clients or more CUP CUP CUP CUP 9-6.135 RCFE – Independent Living Center / Senior Apartments CUP RCFE – Retirement Hotel CUP Transitional Housing A A A Transportation, Infrastructure & Communication Pipelines Utility Infrastructure CUP CUP CUP CUP CUP Utility Transmission Facilities A A A A A Wireless Communication Facilities CUP CUP CUP CUP CUP Notes: Zoning Districts Abbreviations A – Agriculture; RS-Residential Suburban ; RSF-Residential Single Family Residential ; LSF – Limited Single Family Residential ; RMF – Residential Multi-Family 132 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.240 Lot Sizes. New subdivisions and the densities of agriculture and residential development shall comply with the requirement for lot sizes in subsections 9-3.231 through 9-3.235. 9-3.241 Minimum Lot Size – A Zone. The minimum lot size in the Agriculture Zone shall be established by the minimum area needed to maintain productive agricultural use of the property. 9-3.242 Minimum Lot Size – RS Zone. The minimum lot size in the Residential Suburban Zone shall be two and one -half (2 1/2) acres and may range up to ten (10) acres depending upon conformance with performance standards established in this section. (a) Performance Standards. The following performance standards shall be evaluated for each lot in determining its minimum lot size: (1) Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be: Distance* Lot Size Factor 0 — 8,000′ 0.20 8,000′ — 10,000′ 0.25 10,000′ — 12,000′ 0.30 12,000′ — 14,000′ 0.40 14,000′ — 16,000′ 0.50 16,000′ — 18,000′ 0.60 18,000′ — 20,000′ 0.75 20,000′ + 0.90 * To be measured as radial distance using map maintained in Planning Department. (2) Septic Suitability. Using generalized soils data from the Soil Conservation Service Reports, the lot size factor based on this performance standard shall be: SCS Rating* Lot Size Factor Well suited 0.50 Moderate 0.75 Slow 1.00 Severe 1.50 * Refer to map maintained in Community Development Department. Percolation tests may be substituted for the Soil Conservation Service Reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion chart shall be used to determine the appropriate lot size factor: Percolation Rating Minutes Per Inch Well suited Less than 20 Moderate or slow 20 to 39 133 ITEM NUMBER: B-1 DATE: 09/13/16 Percolation Rating Minutes Per Inch Slow 40 to 59 Severe Greater than 60 (3) Average Slope. Using the Basic, Sectional or Contour Measurement Method, the lot size factor based on this performance standard shall be: Slope Lot Size Factor 0 — 10% 0.50 11 — 20% 0.75 21 — 25% 1.00 26 — 30% 1.25 31 — 35% 1.75 36 — 40% 2.00 40% + 2.25 (4) Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be: Condition Lot Size Factor City accepted road 0.40 Paved road, less than 15% slope 0.40 Paved road, greater than 15% slope 0.50 All-weather road less than 15% slope 0.75 All-weather road greater than 15% slope 1.00 Unimproved road less than 15% slope 1.25 Unimproved road greater than 15% slope 1.50 (5) General Neighborhood Character. Using the average lot size of existing lots which are zoned for single-family residential use (except that lots larger than fifteen (15) acres shall be excluded unless they constitute more than twenty-five percent (25%) of the total number of lots) within a one thousand five hundred (1,500) foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by 0.2. (b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section. (1) The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply. (2) If more than one (1) lot size factor can be applied to a lot, the less restrictive factor shall be used. (3) Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor. 134 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.243 Minimum Lot Size – RSF Zone. The minimum lot size in the Residential Single -Family Zone shall be one-half (1/2) acre and may range up to two and one-half (2 1/2) acres. The size of a lot shall be consistent with the land use designation set forth in the General Plan and shall be indicated by the symbols set forth in the following chart, which shall be shown on the official zoning maps as provided by Section 9- 3.104(d). Symbol Minimum Lot Size X One-half (1/2) acre net area (excluding land needed for street rights- of-way whether publicly or privately owned). Y One (1) acre gross area. Z One and one-half (1-1/2) to two and one-half (2-1/2) acres gross based on performance standards set forth in this section. (a) Performance Standards. The following performance standards shall be evaluated for each lot which is appended with the “Z” symbol in determining its minimum lot size: (1) Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be: Distance* Lot Size Factor 0—4,000' 0.08 4,000'—6,000' 0.10 6,000'—8,000' 0.12 * To be measured as radial distance using map maintained in the Planning Department. (2) Septic Suitability. Using generalized soils data from the Soil Conservation Service Reports, the lot size factor based on this performance standard shall be: SCS Rating* Lot Size Factor Well suited 0.30 Moderate or slow 0.50 Severe 0.70 * Refer to map maintained in Community Development Department. Percolation tests may be substituted for the soil conservation service reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion chart shall be used to determine the appropriate lot size factor: Percolation Rating Minutes Per Inch Well suited Less than 20 Moderate 20 to 39 Slow 40 to 59 Severe Greater than 60 135 ITEM NUMBER: B-1 DATE: 09/13/16 (3) Average Slope. Using the basic, sectional or contour measurement method, the lot size factor based on this performance standard shall be: Slope Lot Size Factor 0—20% 0.30 21—30% 0.50 31%+ 0.70 (4) Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be: Condition Lot Size Factor Paved with slope of less than 15% or City-accepted 0.15 Paved with slope of greater than 15% 0.20 All-weather surface with slope of less than 15% 0.25 All-weather surface with slope of greater than 15% 0.30 Unimproved surface 0.40 (5) General Neighborhood Character. Using the average lot size of existing lots (except that lots larger than five (5) acres shall be excluded unless they constitute more than twenty-five percent (25%) of the total number of lots) within a one thousand (1,000) foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by zero point two (0.2). (b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section. (1) The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size facto r shall apply. (2) If more than one (1) lot size factor can be applied to a lot, the less restrictive factor shall be used. (3) Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor. 9-3.244 Minimum Lot Size – LSF Zone. The minimum lot size in the Limited Residential Single-Family Zone shall be twenty thousand (20,000) square feet with sewer, one-half (1/2) acre where sewer is not available and may range up to two and one-half (2-1/2) acres. The size of a lot shall be consistent with the land use designation set forth in the General Plan and shall be indicated by the symbols set forth in the following chart, which shall be shown on the official zoning maps as provided by Section 9- 3.104(d). Symbol Minimum Lot Size X One-half (1/2) acre net area (excluding land needed for street rights-of-way whether publicly or privately owned). Y One (1) acre, when sewers are available. 136 ITEM NUMBER: B-1 DATE: 09/13/16 One and one-half (1-1/2) acres, when sewers are not available. Z One and one-half (1-1/2) to two and one-half (2-1/2) acres based on performance standards set forth in this section. (a) Performance Standards. The following performance standards shall be evaluated for each lot which is appended with the “Z” symbol in determining its minimum lot size: (1) Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be: Distance* Lot Size Factor 0—4,000′ 0.08 4,000′—6,000′ 0.10 6,000′—8,000′ 0.12 * To be measured as radial distance using map maintained in the Planning Department. (2) Septic Suitability. Using generalized soils data from the Soil Conservation Service Reports, the lot size factor based on this performance standard shall be: SCS Rating* Lot Size Factor Well suited 0.30 Moderate or slow 0.50 Severe 0.70 * Refer to map maintained in Community Development Department. Percolation tests may be substituted for the Soil Conservation Service Reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion chart shall be used to determine the appropriate lot size factor: Percolation Rating Minutes Per Inch Well suited Less than 20 Moderate 20 to 39 Slow 40 to 59 Severe Greater than 60 (3) Average Slope. Using the Basic, Sectional or Contour Measurement Method, the lot size factor based on this performance standard shall be: Slope Lot Size Factor 0—20% 0.30 21—30% 0.50 31%+ 0.70 (4) Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be: 137 ITEM NUMBER: B-1 DATE: 09/13/16 Condition Lot Size Factor Paved with slope of less than 15% or City-accepted 0.15 Paved with slope of greater than 15% 0.20 All-weather surface with slope of less than 15% 0.25 All-weather surface with slope of greater than 15% 0.30 Unimproved surface 0.40 (5) General Neighborhood Character. Using the average lot size of existing lots (except that lots larger than five (5) acres shall be excluded unless they constitute more than twenty-five percent (25%) of the total number of lots) within a one thousand (1,000) foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by 0.2. (b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section. (1) The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply. (2) If more than one (1) lot size factor can be applied to a lot, the less restrictive factor shall be used. (3) Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor. 9-3.245 Minimum Lot Size – RMF Zone. The minimum lot size in the Residential Multiple-Family Zone shall be one-half (1/2) acre. Smaller lot sizes may be allowed for planned residential developments, including condominiums and mobilehome developments, provided that the overall density within the project conforms with Section 9-3.252. 9-3.250 Density. New residential subdivisions and the density of residential Development shall comply with the requirements of sections 9-3.251 thorough 9-3.259. 9-3.251 Density—Agriculture & Single Family Residential Zones. New residential subdivisions and the density of residential Development shall comply with the following for single family residential zones: (a) A (agriculture). A maximum of one (1) single family residence. Additional housin g for Agriculture Employees may be permitted, consistent with this Municipal Code. (b) RS (Residential Suburban). A maximum of 0.1 to 0.4 units per gross acre. A 2 nd unit may be permitted consistent with Section 9-5 of this zoning ordinance. (c) RSF-Z / LSF-Z. A maximum of one (1) unit per gross acre. A 2nd unit may be permitted consistent with Section 9-5 of this zoning ordinance. (d) RSF-Y / LSF-Y. A maximum of one (1) unit per gross one-half acre. A 2nd unit may be permitted consistent with Section 9-5 of this zoning ordinance. 138 ITEM NUMBER: B-1 DATE: 09/13/16 (e) RSF-X / LSF-X. A maximum of four (4) residential units per net acre, with approval of a Planned Development Overlay zones with innovative design concepts, as approved by the City Council. A 2nd unit may permitted consistent with Section 9-5 of this zoning ordinance. 9-3.252 Density—RMF Zone. The maximum allowable density in the Residential Multiple-Family Zone shall be designated on the official zoning maps as provided by Section 9-3.104(c) and be consistent with the General Plan for new residential subdivisions as follows: (a) Areas Designated Low Density Multiple-Family Residential. The minimum number of dwelling units per net acre is two (2). The maximum number of dwelling units per net acre is ten (10). (b) Areas Designated High Density Multiple-Family Residential. The minimum number of dwelling units per net acre is twenty (20). The maximum number of dwelling units per net acre is twenty-four (24). (c) Hillside Density Standards. The densities permitted by subsections (a) and (b) of this section shall be modified to the following densities based on-site topography, as follows: Average Slope Low Density Multiple- Family (units/acre) High Density Multiple- Family (units/acre) 0—10.99% 10 20 11—15.99% 7 14 16—20.99% 5 10 21—25.99% 3 6 26—30.0% 2 4 > 30% 1 2 (d) For medical extended care services, where residents are primarily non-ambulatory, the following maximum bed/net acre densities may be permitted, where subject to Planning Commission conditional use permit approval: RMF-10 District Thirty-four (34) beds/net acre RMF-20 District Fifty-five (55) beds/net acre Such approval shall require a finding that the average daily traffic generated by the project would not exceed that of a multifamily project. The project would be further subject to the “percentage coverage” constraints of subsection (a) of the district. Off-street parking requirements would be as established by the Planning Commission. (e) Sewer Service. Sewer service and the inclusion of property within the urban services line (USL) shall be a prerequisite to developing multiple-family projects to the density standards of the RMF zone. (f) Density Bonus. A density bonus may be granted, subject to approval by the City Council through a master plan of development (CUP), consistent with Sections 9-3.801 through 9-3.806. 139 ITEM NUMBER: B-1 DATE: 09/13/16 (g) In lieu of granting a density bonus, the Planning Commission shall consider other bonus incentives allowable under Government Code Section 65915. 9-3.260 Property Development Standards. New land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the subsection 9-3.261 through 9- 2.269, in addition to applicable standards (e.g. landscaping, parking, fencing, etc) in Chapter 4 of this Title. 9-3.262 Property development standards – RMF. In addition to the standards specified in Chapter 4 of this title, General Site Design and Development Standards, the following development standards shall apply to mobile home and multiple-family residential projects: (a) Percent Coverage. The maximum percent of a lot that may be covered by structures (excluding decks less than thirty (30) inches from the ground) shall be forty percent (40%) for low density multiple-family projects and fifty percent (50%) for high density multiple-family projects. (b) Enclosed Storage. Each dwelling unit shall be provided a minimum of one hundred (100) cubic feet of enclosed storage space, exclusive of closets, which may be located in either a principal or accessory building. (c) Outdoor Recreation Areas. For developments of four (4) to seven (7) dwelling units, outdoor recreational open space shall be provided at a ratio of three hundred (300) square feet per unit. This open space may be provided either as: (1) a private amenity designed for exclusi ve use of a dwelling unit; or (2) as common open space provided that no individual open space is less than one thousand (1,000) square feet. For developments of eight (8) or more dwelling units, outdoor recreational open space shall be provided at a ratio of three hundred (300) square feet per unit. This common open space may be provided in more than one (1) location provided that no individual open space area is less than one thousand (1,000) square feet. (d) Screening Wall. A solid wall or fence not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single-family residential use. (e) Covered Parking. One (1) covered parking space (carport or garage) shall be required per dwelling unit of the total off-street parking required by Section 9-4.118. (f) Laundry Facilities. Laundry facilities shall be provided in the form of either: (1) laundry hook-ups within each individual dwelling unit; or (2) a shared laundry facility equipped with washers and dryers. (g) Appearance Review. All projects shall be consistent with the multifamily design and landscape requirements of the Appearance Review Manual. (h) Maintenance Requirement. A maintenance agreement for all landscaping, building exteriors, accessory structures, parking areas and other common facilities shall be approved by the Community Development Director and City Attorney prior to final occupancy. (i) RMF-20 properties identified in Appendix 1 (Vacant Residential Parcels RMF-20) of the Housing Element shall be permitted “by right” and will not be subject to conditional use permit or specific plan. Proposed planned development projects or other relief from property development standards on these parcels shall be subject to discretionary review per the requirements of the Municipal Code. 140 ITEM NUMBER: B-1 DATE: 09/13/16 ATTACHMENT 5: Proposed Article 3 Non-Residential Zoning Districts NOTE: NON-MODIFIED TEXT IS NOT SHOWN AS A STRIKEOUT OR UNDERLINE Article 3. Non – Residential Zoning Districts 9-3.310 Intent. This chapter lists the land uses that may be allowed within primarily non-residential zoning districts established by Section 9-3.102 (Zoning Districts), determines the type of planning permit / approval required for each uses, and provides basic lot size and development standards for specific zones. 9-3.320 Purposes of the Non-Residential Zoning Districts. The purposes of the individual non-residential zoning districts and the manner in which they are applied are as follows: (a) CN (Commercial Neighborhood) Zoning District. This zone is established to provide for small scale retail shopping and personal service facilities at the neighborhood level. The Commercial Neighborhood Zone is situated and designed to serve the limited shopping and service needs of the immediately surrounding residential area. (b) CP (Commercial Profession) Zoning District. This zone is established to provide for offices and limited retail shopping and personal service facilities along arterials and major collectors. The Comm ercial Professional Zone is situated to serve streets with higher traffic volumes while also serving to provide a compatible transition between such streets and adjacent single family residential areas. (c) CR (Commercial Retail) Zoning District. This zone is established to provide for a wide range of commercial uses to accommodate most of the retail and service needs of the residents of the City and surrounding areas. (a)(d) CS (Commercial Service) Zoning District. This zone is established to provide for light manufacturing and large lot service commercial needs of the residents of the City and surrounding areas. (e) CT (Commercial Tourist) Zoning District. This zone is established to provide for limited commercial uses intended primarily to serve the public traveling along Highway 101. (b)(f) CPK (Commercial Park) Zoning District. This zone is established to provide for large lot commercial and light manufacturing uses. It is intended that special attention be given to providing for comprehensive development plans to achieve appropriate functional relationships between various uses and preclude “piecemeal” development of existing larger lots. (g) DC (Downtown Commercial) Zoning District. The Downtown Commercial (DC) Zoning District is intended to enhance the economic viability and pedestrian-oriented character of the downtown by encouraging a wide range of retail shops, including artisan craft sales and production; Restaurants, entertainment facilities, lodging, and non-automotive services (banks, health care, etc.); First floor office uses are allowed with storefront and signage appearance review and approval of the Design Review 141 ITEM NUMBER: B-1 DATE: 09/13/16 Committee (DRC); however, office uses are encouraged to locate on upper floors leaving prime first floor spaces available for retail and restaurant spaces; and Residential uses on upper floors. (h) DO (Downtown Office) Zoning District. The Downtown Office (DO) Zoning District is intended to apply to properties that border the DC District, where a wide variety of professional and other office uses will encourage a weekday pedestrian flow that can take advantage of the restaurant and shopping opportunities in the overall downtown area. (c)(i) IP (Industrial Park) Zoning District. This zone is established to provide for the light manufacturing and large lot service commercial needs of the residents of the City and surrounding areas. (j) I (Industrial) Zoning District. This zone is established to provide suitable locations for heavy manufacturing and industrial uses within the City. 142 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.330 Non-Residential district allowable land uses. Table 3-2 identifies the uses of land allowed this Zoning Code in each non-residential district, and the planning permit required to establish each use, in compliance with Section 9-1 and Section 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I Agricultural Resources Agricultural Produce Stands A A A A 9-6.117 Farm Equipment & Supplies A A A A A Farmer’s Market CUP CUP CUP CUP CUP A A Horticultural specialties A A A A A 9-6.116 Large Scale Ag Manufacturing CUP CUP A 9-6.103 Livestock Specialties A CUP 9-6.115 Residential Uses Age Restricted Housing CUP Care Taker’s Residence / Employee Unit CUP CUP CUP Live/Work Unit A3 Multi-family Dwellings CUP1 CUP2 CUP1 CUP2 A3 A3 Single-family dwelling A3 A3 Single-Room Occupancy Units CUP 9-6.184 Recreation, Education, & Public Assembly Amusement Services CUP CUP CUP A A Churches & Related Activities CUP CUP 9-6.121 Indoor Recreation Services CUP CUP CUP A A A CUP CUP Libraries, Museums A A A A A A Membership Organizations A A CUP CUP Outdoor Recreation Services CUP CUP A 9-6.123 Parks & Playgrounds A A Public Assembly & Entertainment CUP CUP A CUP CUP 143 ITEM NUMBER: B-1 DATE: 09/13/16 Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I Schools -Business & Vocational A A A A CUP CUP CUP CUP 9-6.125 Schools A A A CUP CUP 9-6.125 Recreation, Education, & Public Assembly Social & Service Organizations A A A Sports Assembly CUP CUP A Temporary Events A A A A A A 9-6.177 Tourism, Lodging, & Dining Bar/Tavern CUP CUP CUP A Bed and Breakfast CUP CUP CUP CUP Drive-Through Sales or Services CUP CUP CUP CUP CUP CUP 9-4.122 Eating &Drinking Places A A A A A A A Hotels, Motels CUP A A A CUP Microbrewery - Brewpub A CUP A A A A A CUP Recreational Vehicle Parks A 9-6.180 Tasting Room A CUP A A A A A CUP Retail Trade and Sales5 Accessory Storage A A A A A A A 9-6.103 Adult Oriented Business A A A A 9-16 Artisan Foods and Products A A A A4 A A Auto Dealers (New & Used) & Supplies CUP CUP CUP CUP CUP 9.6.163 Building Materials & Hardware A A A A A A 9-6.165 Fuel Dealer A A A A A 9-6.129 General Retail A A A A A A A General Retail greater than 50,00 sf CUP CUP CUP CUP CUP CUP CUP Mobile eating and drinking vendors6 A A A A A A A A Sales Lots CUP CUP CUP CUP 9-6.139 Service Stations CUP CUP CUP A 9-6.164 Temporary or Seasonal Sales A A A A A A A A A 9-6.176 Services-Business, Financial & Professional 144 ITEM NUMBER: B-1 DATE: 09/13/16 Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I ATM A A A A A A A A A A Financial Services & Banks A A A A A A CUP A Government Offices & Facilities A A A A A A A A A A Health Care Services A A A CUP A A A Offices A A A A A A A A Temporary Offices A A A 9-6.176 General Services Animal Hospitals CUP A CUP 9-6.110 Auto Repair and Services CUP A A CUP A A 9-6.168 Business Support Services A A A A A A A A Contact Construction Services A A A A Day Care Childcare Center A A A CUP 9-6.125 Large Family Day Care A A A CUP 9-6.125 Small Family Daycare A3 Adult Day Care Facility A A A CUP Kennels CUP A 9-6.111 Medical Extended Care Services: 6 Residents or Less A A 9-6.134 Medical Extended Care Services: 7 Residents or More A A 9-6.134 Mini-Storage CUP CUP A A Mortuary Services A A Personal Services A A A A A CUP A Personal Service Restricted A CUP CUP Printing & Publishing CUP CUP A A A RCFE – Assisted Living A A A 9-6.135 RCFE – Independent living / Senior Apartments CUP CUP CUP 9-6.135 145 ITEM NUMBER: B-1 DATE: 09/13/16 Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I RCFE – Retirement Hotel CUP CUP CUP 9-6.135 Residential Care: 6 Residents or Less A3 A3 9-6.135 Vehicle & Equipment Storage5 CUP CUP A A 9-6.183 Industrial, Wholesale, Manufacturing Uses Brewery – Production CUP CUP A A Collection Stations A A A A A A A A 9-6.130 Laundries & Dry Cleaning Plants A A A A Medical Research CUP A A CUP A A Manufacturing & Processing - Low Intensity CUP CUP A A A A Manufacturing & Processing – High Intensity5 CUP CUP AUP AUP Recycling & Scrap CUP CUP 9-6.131 Recycling Centers CUP CUP 9-6.132 Research & Development CUP A A CUP A A A Storage, Recycling and Dismantling of Vehicles and Material CUP A A 9-6.131 Warehousing CUP CUP A A Wholesaling & Distribution Center5 AUP AUP A A A A Winery - Boutique A A A A A A A Winery – Production CUP CUP A A Transportation Communication & Infrastructure Broadcast Studios A A Data and Computer Services Center AUP AUP CUP A A Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP Telecommunication Facility CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Transit Stations CUP CUP A CUP CUP CUP CUP CUP Utility Facilities CUP CUP CUP CUP CUP CUP CUP CUP Vehicle & Freight Terminals CUP CUP CUP 146 ITEM NUMBER: B-1 DATE: 09/13/16 Table 3-2 – Non-Residential Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I Utility Infrastructure A A CUP A A A CUP CUP A A Notes: (Only these notes apply to this table below). 1 Multi-family dwellings permitted when located on the second floor or above. 2 Multi-Family dwellings permitted when located on the second floor or above, or within an existing residential structure of historical significance. 3 Residential uses allowed only on second and third floor, except sites north of Olmeda Avenue. If a project is required to provide a unit in compliance with the Americans with Disabilities Act, the handicapped accessible unit may be located on a first floor. A first floor unit shall be located in a non-storefront location within a tenant space. 4 Handcrafted and artisan food production shall be ancillary to the retail component. 5 Outdoor commercial and industrial sales and storage developments as defined by Section 9-9.102 of ten thousand (10,000) square feet or more, even if such a development is listed as an allowable use in a particular zoning district. 6 Mobile Food vending permitted if use is located outside of right-of-way and located on private property Zoning District Abbreviations CN – Commercial Neighborhood; CP – Commercial Professional; CR – Commercial Retail; CS – Commercial Service ; CT – Commercial Tourist; CPK – Commercial Park; DC – Downtown Commercial; DO – Downtown Office; IP – Industrial Park ; I – Industrial 147 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.340 Property Development Standards. New subdivisions, land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the subsection 9-3.461 through 9-3.450, in addition to applicable standards (e.g. landscaping, parking, fencing, etc) in Chapter 4, and Special Land Use Regulation in Chapter 6 of this Title. 9-3.341 CN Zone The following are property development standards for the CN in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Neighborhood Zone. (b) Multi-Family Dwellings. Multi-Family dwellings are permitted with a minor conditional use permit when located on the 2nd floor or above. 9-3.342 CP Zone The following are property development standards for the CP in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Professional Zone. 9-3.343 CR Zone The following are property development standards for the CR in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Retail Zone. (b) Parking. Parking areas designated to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty (30) inches in height. (c) Setback. A minimum freeway setback of ten (10) feet shall be provided. Said setback area shall be landscaped. (d) Utilities. All new and existing utilities shall be installed underground. 9-3.344 CS Zone The following are property development standards for the CS in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Service Zone. 9-3.345 CT Zone The following are property development standards for the CT in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Tourist Zone. 9-3.346 CPK Zone The following are property development standards for the CPK in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. The minimum lot size in the Commercial Park Zone shall be two (2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Park Zone. 148 ITEM NUMBER: B-1 DATE: 09/13/16 (b) Parking. Customer and employee parking areas designed to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty (30) inches in height. This may be modified through the conditional use permit process. (c) Setback. A minimum freeway setback shall be provided. Said setback shall be landscaped. This may be modified through the conditional use permit process. (d) Utilities. All new and existing utilities shall be installed underground. 9-3.347 DC / DO Zone The following are property development standards for both the DC and DO zoning districts, in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title. Development Feature Requirement by Zoning District DC DO Downtown Commercial Downtown Office Minimum lot size No minimum Setbacks Minimum and maximum setbacks required. See Section 9-4.103 for setback requirement, allowed projections into setbacks, and exceptions to setbacks. Front None allowed, except for building insets designed to accommodate outdoor eating and seating areas, and except for East and West Mall between El Camino Real and Palma Avenue, where a minimum of twenty (20) feet is required. As required by Section 9-4.106 when adjacent to a residential zone, none required otherwise. Sides (each) None required Rear None required Creek To be determined through Design Review Height limit Forty-five (45) feet not to exceed three (3) stories; eighteen (18) feet on the west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H-B, Atascadero Colony Map. Thirty-five (35) feet Landscaping As required by Sections 9-4.124 et seq. (Landscaping, screening and fencing) Off-street parking None required, except as required by Section 9-4.114 for hotels, motels, and residential uses, and for all development east of Atascadero Creek. As required by Sections 9-4.114 et seq. Signs See Section 9-15.005(b) 149 ITEM NUMBER: B-1 DATE: 09/13/16 Density Twenty (20) dwelling units/acre maximum Twenty (20) dwelling units/acre maximum 9-3.348 IP Zone The following are property development standards for both IP zoning district, in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title. (a) Lot Size. There shall be no minimum lot size in the Industrial Park Zone. 9-3.349 I Zone The following are property development standards for both I zoning district, in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title. (a) Lot Size. There shall be no minimum lot size in the Industrial Zone. 150 ITEM NUMBER: B-1 DATE: 09/13/16 ATTACHMENT 6: Proposed Article 4 Public Zoning Districts NOTE: MOVED TEXT IS NOT SHOWN AS TRACK CHANGES Article 4. Public Zoning Districts 9-3.410 Intent. This chapter lists the land uses that may be allowed within primarily public zoning districts established by Section 9-3.102 (Zoning Districts), determines the type of planning permit / approval required for each uses, and provides basic lot size and development standards for specific zones. 9-3.420 Purposes of the Non-Residential Zoning Districts. The purposes of the individual public zoning districts and the manner in which they are applied are as follows: (a) L (Recreation) Zoning District. This zone is established to provide suitable locations and standards for the development of recreational facilities accommodating the needs of the general public. (b) LS (Special Recreation) Zoning District. This zone is established to provide suitable locations and standards for the development of recreational facilities on land in private ownership. This zone also provides for residential and agricultural uses where intensive recreational activity may not be appropriate. (c) P (Public) Zoning District. This zone is established to provide suitable locations and standards for the maintenance and development of public and quasi-public facilities and services. (d) OS (Open Space) Zoning District. This zone is established to cover areas with environmentally sensitive natural or cultural resources and generally is intended to remain free of structures but may be developed with low intensity recreational improvements, where appropriate. This zoning definition has been pulled from the City’s General Plan for consistency 151 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.430 Public districts allowable land uses. Table 3-3 identifies the uses of land allowed this Zoning Code in each public district, and the planning permit required to establish each use, in compliance with Section 9-1 and Section 9- 2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. Table 3-3 Public Zone Uses Allowed Land Uses and Permit Requirements Public Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) L LS P OS Agricultural Resources Agricultural Accessory Uses A Farm Animal Raising A Farmers Market A A A Horticultural Specialties CUP Residential Uses Residential Accessory Uses A 9-6.106 Single-Family Dwelling A CUP Temporary Dwelling A 9-6.176 Caretaker’s Residence / Employee Unit CUP 9-6.184 Recreation, Education, & Public Assembly Schools -Business & Vocational A CUP 9-6.125 Schools A 9-6.125 Churches & Related Activities CUP 9-6.121 Membership Organizations A CUP Indoor Recreation Services CUP CUP A Outdoor Recreation Services A CUP A 9-6.123 Libraries, Museums A A A Amusement Services A CUP Public Assembly & Entertainment CUP A Parks & Playgrounds A A A A Rural Sports & Group Facilities A CUP 9-6.124 Social & Service Organizations CUP Sports Assembly CUP Temporary Events A A A 9-6.177 Cemeteries CUP CUP CUP Tourism, Lodging, & Dining Bed and Breakfast A A 152 ITEM NUMBER: B-1 DATE: 09/13/16 Table 3-3 Public Zone Uses Allowed Land Uses and Permit Requirements Public Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) L LS P OS Hotels, Motels CUP Recreational Vehicle Parks CUP CUP CUP 9-6.180 Eating &Drinking Places CUP CUP Retail Trade & Sales Accessory Storage A A 9-6.103 General Retail A CUP Temporary or Seasonal Retail Sales A A A 9-6.174 Services-Business, Financial & Professional ATM A Government Offices & Facilities A Health Care Services CUP Temporary Offices A Home Occupation A General Services Animal Hospitals CUP Residential Care: 6 Residents or Less CUP 9-6.125 Residential Care: 7 Residents or More CUP 9-6.125 Medical Extended Care Services: 6 Residents or Less CUP 9-6.134 Day Care Childcare Center CUP 9-6.125 Adult Day Care Facility CUP Medical Extended Care Services:7 Residents or More CUP 9-6.134 Mortuary Services CUP Mini-Storage CUP Industrial, Wholesale, Manufacturing Uses Collection Stations A A A 9-6.130 Transportation Communication & Infrastructure Parking Lots A Transit Stations CUP CUP Utility Facilities A A A CUP Utility Infrastructure CUP CUP CUP CUP Broadcast Studios A Telecommunication Facilities CUP CUP CUP 153 ITEM NUMBER: B-1 DATE: 09/13/16 Table 3-3 Public Zone Uses Allowed Land Uses and Permit Requirements Public Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) L LS P OS Notes: Zoning Districts Abbreviations L – Recreation; LS-Special Recreation; P-Public ; OS – Open Space 154 ITEM NUMBER: B-1 DATE: 09/13/16 9-3.440 Property Development Standards. New subdivisions, land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the subsection 9-3.461 through 9-3.450, in addition to applicable standards (e.g. landscaping, parking, fencing, etc) in Chapter 4, and Special Land Use Regulation in Chapter 6 of this Title. 9-3.441 L Zone The following are property development standards for L in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Recreation Zone. 9-3.442 LS Zone The following are property development standards for the LS in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Special Recreation Zone, except for parcels in-tended for single-family residential use where the minimum lot size shall be one (1) acre when sewers are available and one and one-half (1 1/2) acres when sewers are not available. 9-3.443 P Zone The following are property development standards for the P in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Public Zone, except for parcels intended for single family residential use where the minimum lot size shall be two and one-half (2 1/2) acres. 9-3.444 OS Zone The following are property development standards for the OS in addition to those found in Chapter 4, Chapter 6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Open Space Zone. 155 Attachment 5 – Land Use Definitions Allowed Land Uses and Permit Requirements A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit Required CUP Conditional Use Permit Required  Not Permitted Proposed Revision Criteria Change Permitted Uses By Zoning District Ag & Residential Zoning Districts Non-Residential Zoning Districts Public Zoning Districts Land Use Definition A RS RSF LSF RMF CN CP CR CS CT CPK DC DO IP I OS L LS P Agricultural Resources 1. Agricultural Accessory Uses A A A A Revise this definition to better match the intent of the Ag accessory structure exemption for size limitations on larger lots. 5 2. Small Scale Ag Processing A A A AUP AUP New definition to allow for more flexibility in the large lot zones for more home based businesses and allow for entrepreneurship . 3 3. Ag ProcessingLarge Scale Ag Manufacturing A CUP CUP A This allows for a differential between hobby Ag uses and production at a larger scale. 3 4. Crop Production & Grazing A CUP A Consolidate with small scale agriculture and large scale agriculture. 1 5. Farm Animal Raising A A A AUP AUP A 6. Farm Equipment & Supplies A A A A A 7. Farm Labor QuartersAgriculture Employee Housing A Made use consistent with State Law per adopted housing element. 5 8. Horticultural Specialties A A A A A A CUP Minor adjustments to definition to eliminate wholesale nurseries. 5 9. Roadside Stands Agricultural Produce Stands A A A AUP AUP A A A A 10. Livestock Specialties A CUP 11. Medical Marijuana A A A A Missing definition. 5 ITEM NUMBER: B-1 DATE: 09/13/16 156 Attachment 5 – Land Use Definitions Allowed Land Uses and Permit Requirements A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit Required CUP Conditional Use Permit Required  Not Permitted Proposed Revision Criteria Change Permitted Uses By Zoning District Ag & Residential Zoning Districts Non-Residential Zoning Districts Public Zoning Districts Land Use Definition A RS RSF LSF RMF CN CP CR CS CT CPK DC DO IP I OS L LS P 12. Farmers Market CUP CUP CUP CUP CUP A A A A A New definition to define Farmer’s Market. 3 Natural Resources 13. Fisheries & Game Preserves CUP A CUP The City does not have the potential for such a use. 2 14. Forestry A A A Proposed use to be consolidated as it overlaps with the crop production. 2 15. MiningResource Extraction CUP CUP Rename to resource extraction to be more encompassing. 1 16. Petroleum Refining and Related Industries CUP CUP Consolidate with resource extraction. 2 17. Surface Mining CUP CUP Merged with mining and should be eliminated from remaining zones. 2 Residential Uses 18. Mobile home DevelopmentsParks CUP CUP CUP CUP Definition should be revised for consistency with Title 22 of CGC. 5 19. Mobile home / Manufactured Home Dwelling A A A A A Revise to include manufactured home clarification. 5 20. Multi-family Housing A CUP CUP CUP CUP A A 21. Organizational Houses CUP CUP CUP CUP 22. Primary Family Housing A Consolidate as use is defined as a single family residence and 2nd unit. 1 23. Residential Accessory Uses A A A A A A ITEM NUMBER: B-1 DATE: 09/13/16 157 Attachment 5 – Land Use Definitions Allowed Land Uses and Permit Requirements A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit Required CUP Conditional Use Permit Required  Not Permitted Proposed Revision Criteria Change Permitted Uses By Zoning District Ag & Residential Zoning Districts Non-Residential Zoning Districts Public Zoning Districts Land Use Definition A RS RSF LSF RMF CN CP CR CS CT CPK DC DO IP I OS L LS P 24. Secondary Units A A A 25. Age Restricted Housing CUP 26. Single-Family Dwelling A A A A A A A CUP . 5 27. Single-Room Occupancy Units CUP 28. Temporary Dwelling A A A A A A 29. Care Taker’s Residence / Employee Unit CUP CUP CUP CUP CUP Minor clarification to eliminate out of Ag zone. 5 30. Live/Work Unit A Recreation, Education & Public Assembly 31. Schools -Business & Vocational CUP CUP CUP CUP A A A A CUP CUP CUP CUP A CUP 32. Schools CUP CUP CUP CUP A A A CUP CUP A 33. Schools – Public CUP Use to be consolidated with schools to eliminate overlap. 1 34. Churches & Related Activities CUP CUP CUP CUP CUP CUP CUP 35. Membership Organizations A A CUP CUP A CUP 36. Indoor Recreation Services CUP CUP CUP A A A CUP CUP CUP CUP A 37. Recreation Services – Outdoor CUP CUP A A CUP A 38. Libraries, Museums A A A A A A A A A 39. Outdoor Recreation Services CUP CUP A A CUP A 40. Amusement Services CUP CUP CUP A A CUP ITEM NUMBER: B-1 DATE: 09/13/16 158 Attachment 5 – Land Use Definitions Allowed Land Uses and Permit Requirements A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit Required CUP Conditional Use Permit Required  Not Permitted Proposed Revision Criteria Change Permitted Uses By Zoning District Ag & Residential Zoning Districts Non-Residential Zoning Districts Public Zoning Districts Land Use Definition A RS RSF LSF RMF CN CP CR CS CT CPK DC DO IP I OS L LS P 41. Public Assembly & Entertainment CUP CUP A CUP CUP CUP A 42. Public Parks & Playgrounds A A A A A A A A A A A Missing definition from the Zoning Ordinance. To be added to allow for parks and recreation. 4 43. Rural Sports & Group Facilities CUP CUP A CUP 44. Social & Service Organizations A A A CUP 45. Sports Assembly CUP CUP A CUP 46. Temporary Events A A A A A A A A A A A A A A . 47. Cemeteries CUP CUP CUP Tourism, Lodging & Dining 48. Bed and Breakfast CUP CUP CUP CUP CUP CUP CUP CUP A A 49. Hotels, Motels CUP A A A CUP CUP 50. Recreational Vehicle Parks A CUP CUP CUP 51. Bar/Tavern CUP CUP CUP A 52. Microbrewery - Brewpub A CUP A A A CUP A CUP New definition to allow for microbreweries . 3 53. Tasting Room A CUP A A A CUP A CUP New definition to allow for tasting rooms. 3 54. Eating &Drinking Places A A A A A A A CUP CUP Eliminated performance standards. 3 55. Eating & Drinking Places with Drive- Through Facilities Drive-Through Sales CUP CUP CUP CUP CUP CUP Broaden definition and be inclusive of most drive through facility situations Move to retail trade and 3 ITEM NUMBER: B-1 DATE: 09/13/16 159 Attachment 5 – Land Use Definitions Allowed Land Uses and Permit Requirements A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit Required CUP Conditional Use Permit Required  Not Permitted Proposed Revision Criteria Change Permitted Uses By Zoning District Ag & Residential Zoning Districts Non-Residential Zoning Districts Public Zoning Districts Land Use Definition A RS RSF LSF RMF CN CP CR CS CT CPK DC DO IP I OS L LS P or Services sales. Retail Trade and Sales 56. Accessory Storage A A A A A A A A A A A A A A 57. Auto Dealers (New & Used) & Supplies CUP CUP CUP CUP CUP 58. Artisan ShopsFoods and Products A A A A A A Broaden and to allow for more small scale processes and retail sales. 3 59. Building Materials & Hardware A A A A A A A 60. Food & Beverage Retail Sales A / CUP A / CUP A A A (6) A A CUP Eliminate definition and combine with General Retail. 1 61. Fuel & Ice Dealers A A A A A Minor revisions to eliminate ice dealers as they are defined separately. 5 62. Furniture, Home Furnishings & Equipment A A A A A A Consolidate with retail sales. 1 63. General Merchandise StoresRetail A A A A A A A A CUP Eliminate antiquated uses within the definition and broaden for added flexibility . 1 General Retail greater than 50,00 sf CUP CUP CUP CUP CUP CUP CUP Added for business clarity and consistent with current municipal code. 5 64. Mail Order & Vending A A A A Consolidate with revised wholesaling and distribution. 1 65. Sales Lots CUP CUP CUP CUP 66. Adult Oriented Business A A A A Eliminate old code reference and update with new code ITEM NUMBER: B-1 DATE: 09/13/16 160 Attachment 5 – Land Use Definitions Allowed Land Uses and Permit Requirements A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit Required CUP Conditional Use Permit Required  Not Permitted Proposed Revision Criteria Change Permitted Uses By Zoning District Ag & Residential Zoning Districts Non-Residential Zoning Districts Public Zoning Districts Land Use Definition A RS RSF LSF RMF CN CP CR CS CT CPK DC DO IP I OS L LS P reference. 67. Temporary or Seasonal Retail Sales A A A A A A A A A A A A A A 68. Service Stations CUP CUP CUP A 69. Mobile eating and drinking vendors A A A A A A A A New definition to define mobile food vendors. 3 70. EV Charging Sites New definition to allow as an accessory use in all zones. 3 Services – Business, Financial & Profession 71. Financial Services & Banks A A A A A A CUP A 72. ATM A A A A A A A A A A A Missing definition added. 3 73. Government Offices & Facilities A A A A A A A A A A A Missing definition added. 3 74. Health Care Services A A A CUP A CUP 75. Offices A A A A A A A A 76. Temporary Offices A A A A . General Services 77. Home Occupation A A A A A 78. Animal Hospitals CUP A CUP CUP 79. Day Care Childcare Center CUP CUP CUP CUP A A A CUP CUP Large Family Day Care CUP CUP CUP CUP A A A CUP Small Family Daycare A A A A A Adult Day Care Facility A A A CUP CUP ITEM NUMBER: B-1 DATE: 09/13/16 161 Attachment 5 – Land Use Definitions Allowed Land Uses and Permit Requirements A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit Required CUP Conditional Use Permit Required  Not Permitted Proposed Revision Criteria Change Permitted Uses By Zoning District Ag & Residential Zoning Districts Non-Residential Zoning Districts Public Zoning Districts Land Use Definition A RS RSF LSF RMF CN CP CR CS CT CPK DC DO IP I OS L LS P 80. Residential Care Facility for the Elderly (RCFE) 6 Clients or less – Residential Care Facility for the Elderly (RCFE) 6 Clients or less – Assisted Living A A A A A A A A A For consistency with state law, added the ability to do assisted living in existing single family homes. 5 Residential Care Facility for the Elderly (RCFE) 7 Clients or more – Assisted Living CUP CUP CUP CUP For consistency with state law, added the ability to do assisted living in existing single family homes. 5 RCFE – Independent Living CUP CUP CUP CUP Clarified the ability for RCFE per adopted housing element. 5 RCFE – Retirement Hotel CUP CUP CUP CUP Clarified the ability for RCFE per adopted housing element. 5 81. Residential Care: 6 Residents or Less A A A A CUP Residential Care: 7 Residents or More CUP CUP CUP A CUP 82. Medical Extended Care Services: 6 Residents or Less A A A CUP A A CUP Medical Extended Care Services: 7 Residents or More CUP CUP CUP CUP A A CUP 83. Transitional Housing A A A Add to definitions and pull out from chapter 8. 84. Funeral Mortuary Services A A CUP Minor Clarification for name of use. ITEM NUMBER: B-1 DATE: 09/13/16 162 Attachment 5 – Land Use Definitions Allowed Land Uses and Permit Requirements A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit Required CUP Conditional Use Permit Required  Not Permitted Proposed Revision Criteria Change Permitted Uses By Zoning District Ag & Residential Zoning Districts Non-Residential Zoning Districts Public Zoning Districts Land Use Definition A RS RSF LSF RMF CN CP CR CS CT CPK DC DO IP I OS L LS P 85. Kennels A CUP CUP CUP A Minor Clarification. 86. Auto Repair and Services CUP A A CUP A A 87. Light Repair Services A A A A A A A Definition proposed to be deleted and combined with other land use definition. 1 88. Mini-Storage CUP A A CUP 89. Personal Services A A A A A CUP A Eliminated performance standards. 3 90. Personal Service Restricted A CUP CUP 91. Printing & Publishing CUP CUP A A A A A Missing definition. 4 92. Business Support Services A A A A A A A A Clarification of definition. 5 93. Contact Construction Services A A A A Clarification of definition. 5 94. Vehicle & Equipment Storage CUP CUP A A CUP Industrial, Wholesale, Manufacturing Uses3 95. Manufacturing & Processing - Low Intensity CUP CUP A A A A New definition to modernize and group existing uses under one broad category based on intensity of use. 3 96. Apparel &Finished Products A / CUP A A Consolidate under low intensity manufacturing. 1 97. Electronic & Scientific Instruments A / CUP A A Consolidate under low intensity manufacturing. 1 98. Food & Kindred Products A* CUP A A A Consolidate under low intensity manufacturing. 1 ITEM NUMBER: B-1 DATE: 09/13/16 163 Attachment 5 – Land Use Definitions Allowed Land Uses and Permit Requirements A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit Required CUP Conditional Use Permit Required  Not Permitted Proposed Revision Criteria Change Permitted Uses By Zoning District Ag & Residential Zoning Districts Non-Residential Zoning Districts Public Zoning Districts Land Use Definition A RS RSF LSF RMF CN CP CR CS CT CPK DC DO IP I OS L LS P 99. Paper Products CUP CUP Consolidate under low intensity manufacturing. 1 100. Small Scale Manufacturing A A A A Consolidate under low intensity manufacturing. 1 101. Lumber & Wood Products CUP CUP Consolidate under high intensity manufacturing. 1 102. Furniture & Fixtures A / CUP A* A Consolidate under high intensity manufacturing. 1 103. Machinery Manufacturing CUP CUP Consolidate under high intensity manufacturing. 1 104. Stone & Cut Stone Products A / CUP A A Consolidate under high intensity manufacturing. 1 105. Structural Clay & Pottery-Related Products CUP CUP Consolidate under high intensity manufacturing. 1 106. Manufacturing & Processing – High Intensity CUP CUP AUP AUP New definition to group high intensity uses that are heavy in industrial nature and to be streamlined into appropriate categories. 3 107. Glass Products CUP CUP CUP Consolidate under high intensity manufacturing. 1 108. Concrete, Gypsum, & Plaster Products CUP CUP Consolidate under high intensity manufacturing. 1 109. Plastics & Rubber Products CUP CUP Consolidate under high intensity manufacturing. 2 110. Chemical Products CUP CUP Consolidate under high intensity manufacturing. 2 111. Metal Industries, Primary Consolidate under high intensity manufacturing. 2 112. Paving Materials CUP CUP Consolidate under high 1 ITEM NUMBER: B-1 DATE: 09/13/16 164 Attachment 5 – Land Use Definitions Allowed Land Uses and Permit Requirements A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit Required CUP Conditional Use Permit Required  Not Permitted Proposed Revision Criteria Change Permitted Uses By Zoning District Ag & Residential Zoning Districts Non-Residential Zoning Districts Public Zoning Districts Land Use Definition A RS RSF LSF RMF CN CP CR CS CT CPK DC DO IP I OS L LS P intensity manufacturing. 113. Petroleum Refining & Related Industries Consolidate under high intensity manufacturing. 2 114. Textile Mills CUP CUP Consolidate under high intensity manufacturing. 2 115. Collection Stations A A A A A A A A A A A A 5 116. Recycling & Scrap CUP CUP 117. Recycling Centers CUP CUP 118. Research & Development (Technology) CUP A A CUP A A A Add missing definition. 4 119. Laundries & Dry Cleaning Plants A A A A 120. Research and Development, Inc. Bio., Chemical, & Pharmaceutical Medical Research CUP A A CUP CUP A A Add missing definition. 4 121. Storage, Recycling and Dismantling of Vehicles and Material CUP A A 122. Warehousing CUP CUP A A Adjustment of definition to better define wholesaling. 5 123. Wholesaling & Distribution Center AUP AUP A A A A Adjustment to add the ability to do ecommerce and better define and modernize definition. 3 124. Winery - Boutique A A A A A A A New definition. 3 125. Winery – Production CUP CUP A A New definition. 3 126. Brewery – CUP CUP A A New definition. 3 ITEM NUMBER: B-1 DATE: 09/13/16 165 Attachment 5 – Land Use Definitions Allowed Land Uses and Permit Requirements A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit Required CUP Conditional Use Permit Required  Not Permitted Proposed Revision Criteria Change Permitted Uses By Zoning District Ag & Residential Zoning Districts Non-Residential Zoning Districts Public Zoning Districts Land Use Definition A RS RSF LSF RMF CN CP CR CS CT CPK DC DO IP I OS L LS P Production Transportation, Communication, & Infrastructure 127. Parking Lots CUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP A Added definition. 4 128. Transit Stations & Terminals CUP CUP A CUP CUP CUP CUP CUP CUP CUP Modified definition to allow for the transit Station. 5 129. Utility Service Centers A A A CUP CUP CUP Eliminate as this is redundant with office zones. 1 130. Utility Transmission Facilities A A A A A A A A A A CUP CUP A A CUP A A A 131. Vehicle & Freight Terminals CUP CUP CUP 132. Pipelines Utility Infastructure Infrastructure CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Modify definition to broaden and consolidate. 1 133. Broadcast Studios A A Modify definition to ensure public communication. 134. Wireless Communication Facility CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP New definition to modernize wireless communication. 3 135. Data and Computer Services Center AUP AUP CUP A A New definition to ensure the ability to accommodate technological advances. 3 ITEM NUMBER: B-1 DATE: 09/13/16 166 Land Use Definitions This section contains descriptions of the types of land uses which can be established under this article. The uses described here are allowed in the various zoning districts established. The description of land uses are intended only to list the various land uses included under each general heading and do not explain what permit requirements or performance standards may be applicable to a given use. 1. Agricultural Accessory Uses. Includes any useUses that is are customarily part of an agricultural activity and is clearlyincluding structures that are designed to house farm implements, hay, grain, poultry, livestock, or other horticulture products, including non-commercial greenhouse that are incidental and secondary to a residential use. This does not include garages, workshops, or other similar residential accessory structures. incidental and secondary to that activity and does not change the character of the ag ricultural use. Agricultural accessory uses include grazing, crop production to feed animals, and related storage of vehicles and personal property, and accessory structures including barns, stables and corrals. 2. Small Scale Ag Processing. The small scale processing of agriculture products grown or produced on-site, bottling, canning, or storage of agriculture products grown and processed on-site, where the processing or storage shall not exceed 1,000 square feet (sf) in total use areas. This does not include tasting rooms. 3. Ag ProcessingLarge Scale Ag Manufacturing. Establishment performing a variety of operationsThe large scale processing of agriculture products on crops subsequent to their harvest, with the intent of preparing them for market or further processing and packaging at a distance from the agricultural area including: alfalfa cubing; hay baling and cubing; corn shelling; drying of corn, rice, hay, fruits and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading a nd packaging of fruits and vegetables; tree nut hulling and shelling; cotton ginning; and wineries. This does not include the growing, harvesting, and production of medical marijuana, or legally approve uses of marijuana by either the State of California or Federal Government.. 4. Crop Production and Grazing. Agricultural uses including the production of grains, field crops, vegetables, melons, fruits, tree nuts, flower fields and seed production, tree and sod farms, crop services and crop harvesting. Also includes the raising or feeding of beef cattle, sheep and goats by grazing or pasturing. Does not include feedlots, which are not allowed. 5. Farm Animal Raising. The keeping, feeding or grazing of animals as an avocation, hobby, or school project, subordinate to the principal residential use of a property, includes species commonly considered as farm animals as well as exotic species, but does not include household pets. See also “Livestock Specialties.” 6. Farm Equipment and Supplies. Establishments primarily engaged in the sale or rental of agricultural machinery and equipment f or use in the preparation and maintenance of the soil, the planting and harvesting of crops, and other operations and processes pertaining to work on the farm; also dairy and other livestock eq uipment, including trailers. Includes agricultural machinery, dairy farm machinery and equipment, irrigation equipment, poultry equipment and frost protection equipment; hay, grain and feed sales. 7. Farm Labor QuartersAgriculture Employee Housing. Includes residencessingle-family dwellings, rooming houses and boardinghouses and mess halls foror other lodging accommodations provided as a part of farming operations, as regulated under the California Health and Safety Code, farm workers employedemployees on land owned by the owner of the building site on which the quarters lodging is are located. 8. Horticultural Specialties. Agricultural establishments primarilyBusinesses engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of such products, i.e., wholesale and retail nurserieor on-site production of such product. s. ITEM NUMBER: B-1 DATE: 09/13/16 167 9. Roadside Agricultural Produce Stands. Open structures for the retail sale of agricultural products (except hay, grain and feed sales which are included und er “Farm Equipment and Supplies”) which are located grown on the site or in the area of the property where the products being sold were grownin residential or agriculture zones. This does not include Farmer’s Markets or “seasonal sales located in non-residential zoning districts, defined under “temporary sales”. 10. Livestock Specialties. Agricultural establishments primarily engaged in commercial livestock keeping or feeding as a principal land use which, because of operational characteristics, may generate dust, odors or visual impacts which could have an adverse effect upon adjacent properties. Such uses include dairies, chicken, turkey and other poultry farms; animal specialties (such a s rabbit farms and other fur-bearing animals); other specialties such as bee farms, aviaries, worm farms, etc 11. Medical MarijanaMarijuana – See Section 9-6.186. 12. Farmers Market. The temporary and intermittent use of a public or private property for the outdoor sales of food and farm produce in complian ce with California Food and Agriculture Code Section 1392 et. seq., and artisan products or similar famers markets products that include multiple sales vendors.. 13. Forestry. Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, and related activ ities such as reforestation services; also the gathering of gum barks, sap, moss and other forest products. Does not include logging camps. 14. MiningResource Extraction. Resource extractions establishmentsUses primarily engaged in resource extraction, including but not limited to mining, developing mines or exploring for metallic minerals (ores), coal and nonmetallic minerals (except fuels), or surface mines extracting crushed and broken stone, dimension stone or sand and gravel. See also “Stone and Cut Stone Products.” 15. Petroleum Refining and Related Industries. Manufacturing and processing establishments primarily engaged in petroleum refining, and compounding lubricating oils and greases from purchased materials. Also includes manufacture of petroleum coke and fuel briquettes and petroleum bulk stati ons. Petroleum and petroleum products distributors are included in “Wholesaling and Distribution.” 16. Surface Mining. No longer in code. Should be eliminated from all zones. 17. Mobile home DevelopmentsPark. Any site that is planned and improved to accommodate two (2) or more mobile homes used for residential purposes, or on which two (2) or more mobile homes, as the term “mobile home” is defined in California Civil Code Section 798.3 or successor provision of the California Mobilehome Residency Law, for non-transient use, are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or othe r form of resident ownership, to accommodate mobile homes used for residential purposes. 18. Mobile home / Manufactured homeDwelling. A vehicle without self-propulsion designed and equipped as a dwelling unit to be used with a foundation A modular structure that is transportable in one or more sections, that is certified under the Nation Manufactured Housing Construction and Safety Standards Act of 1974, is tied down to either a permanent foundation with wheels removed and skirted. A mobile home on a permanent foundation is considered a single-family dwelling. 19. Multiple-Family Dwelling. Two (2) or more dwelling units located on a single lot, each occupied by a single housekeeping unit; include s buildings or groups of buildings designated as apartments, duplexes, triplexes and condominiums, but not including motels, hotels, dormitories, or RV parks as herein defined. Also includes transitional housing, supportive housing and single room occupancy housing where people live as independently as possible with the assistance of social services tailored to each person’s needs as defined in Section 9-9.102 of the Zoning Ordinance. ITEM NUMBER: B-1 DATE: 09/13/16 168 20. Organization Houses. Residential lodging houses operated by membership organizations for the benefit of their constituents an d not open to the general public. Also includes fraternity and sorority residential houses and religious residential retreats. 21. Primary Family Housing. A secondary dwelling to a single family dwelling which is limited to occupancy by members of the imme diate family of the property owner. Immediate family members shall only include grandparents, parents, children, grandchildren, sisters and brothers of the property owner or spouse of the prop erty owner. 22. Residential Accessory Uses. Includes any use that is customarily part of a residence and is clearly incidental and secondary to a residence and does not change the character of the residential use. Residential accessory uses include the storage of vehicles and other personal property and accessory structures including garages, studios and workshops. 23. Secondary Residential Unit. Second residential units are defined as residential occupancy constructions (R) with a kitchen an d full bathroom that is accessory to the primary unit and intended for permanent occupancy by a second housekeeping unit. 24. Age Restricted Housing. Residential multifamily or single-family units that restrict occupancy based on age. This use typically consists of senior housing which restricts age for fift y-five (55) and older. 25. Single-Family Dwelling. An attached or detached building not to contain more than one (1) kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit. Also includes factory-built, manufactured housing units and mobile homes constructed in compliance with Title 25 of the California Health and Safety Code, or successor provision as defined in Section 9-9.102 of the Zoning Ordinance; transitional housing and supportive housing serving six (6) or fewer persons as defined in Section 9-9.102 of the Zoning Ordinance. 26. Single room occupancy unit (SRO). A structure that provides separate, single room, residential living units with no on-premises residential medical care. Units within the structure may have individual bathroom facilities, shared bath or toilet facilities for the residents, or any combination thereof. SRO may inclu de structures commonly called rooming houses or boarding houses. SRO facilities shall not be age restricted. Age restricted SRO facilities shall be considered a residential care facility for the elderly (RCFE). 27. Temporary Dwelling. Includes the temporary use of a mobilehome or recreational vehicle as a dwelling unit, following the issu ance of a building permit for a permanent residence while the permanent residence is under construction. 28. Caretaker Residence/Employee Unit. A permanent residence that is secondary or accessory to the primary use of the property, a nd used for housing a caretaker employed on the site of any nonresidential use where a caretaker is needed for security purposes or to provide twenty-four (24) hour care or monitoring of plants, animals, equipment, or other conditions on the site. Does not include housing for caretaker-type employees in the Agriculture Zone which is defined as “farm labor quartersAgriculture Employee Housing.” ITEM NUMBER: B-1 DATE: 09/13/16 169 29. Live/Work Units. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes: a. Complete kitchen space and sanitary facilities in compliance with the Building Code; and b. Working space reserved for and regularly used by one or more occupants of the unit. c. Working space include uses that are either permitted within the zoning district. 30. Schools—Business and Vocational. Business and secretarial schools; vocational schools offering specialized trade and commercial cours es; specialized nondegree granting schools, such as: music schools; dramatic schools; language schools; driver education schools; ballet and other dance studios; and establishments furnishing educational courses by mail. 31. Schools. An institution or establishment that provides a program of instruction and teaching services. Includes: preschools, nursery schools and day care centers; elementary and secondary schools serving grades K through 12 (or portions thereof); junior colleges, colleges and universities; and similar education institutions. Does not include Sunday schools which are permitted under “Churches and Related Facilities.” 32. Schools – Public. No definition. 33. Churches and Related Activities. Religious organization facilities operated for worship or for promotion of religious activit ies, including churches and religious Sunday-type schools. Other establishments maintained by religious organizations, such as educational institutions, hospitals and other operations that may be considered commercial i n nature if not run by the religious organization (such as a recreational camp) are classified according to their respective activi ties. 34. Membership Organizations. Organizations operating on a membership basis for the promotion of the interests of the members, in cluding: business associations; professional membership organizations; labor unions and similar labor organizations; civic, social and fraternal organizations (not lodging); political organizations and other membership organizations. 35. Indoor Recreation Services. Facilities for various indoor sports and recreation, including: bowling alleys; ice skating and r oller skating; gymnasiums, health and athletic clubs; tennis, handball, racquetball and similar indoor sports; shooting and archery ranges; recreation and community centers. 36. Outdoor Recreation Services. Facilities for various outdoor sports and recreation, including: amusement and kiddie parks; golf courses, golf driving ranges and miniature golf courses; skateboard parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis clubs and facilities; play lots, playgrounds and athletic fields; recreation and community centers. 37. Libraries, Museums. Permanent public or quasi-public facilities generally of a noncommercial nature such as libraries, museums, art exhibitions, planetariums, aquariums, b otanical gardens, arboretums and zoos. Also includes historic sites and exhibits. 38. Outdoor Recreation Services. Facilities for various outdoor sports and recreation, including: amusement and kiddie parks; gol f courses, golf driving ranges and miniature golf courses; skateboard parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis clubs and facilities; play lots, playgrounds and athletic fields; recreation and commu nity centers. 39. Amusement Services. Establishments providing indoor amusement or entertainment on payment of a fee or admission charge, such as: arcades and coin-operated amusements; card rooms, billiard and pool halls as a primary use; alleys; ice skating and roller skating; dance halls, and ballrooms which are princi pal uses rather than being subordinate to an eating or drinking place; gymnasiums, reducing salons, health and exercise facilities that do not include courts or similar facilities designed for tennis, handball, racquetball or similar indoor participation sports. ITEM NUMBER: B-1 DATE: 09/13/16 170 40. Public Assembly and Entertainment. Facilities for public assembly and group entertainment such as: public and semi-public auditoriums; exhibition and convention halls; civic theaters and meeting halls; motion picture theaters; legitimate theater facilities for live theatrical presentations or concerts by bands and orchestras; amphitheaters; meeting halls for rent and similar public assembly uses. 41. Public Parks and Playgrounds. No definitionA public outdoor recreational facility that may provide a variety of recreational activities including playground equipment, open space areas for passive recreation including hiking and biking trails, zoos, picnicking, and sport and active recreation facilities dedicated for use to the public. 42. Rural Sports and Group Facilities. Establishments supporting special group activities such as: archery, pistol, rifle, and skeet clubs and facilities; dude ranches; health resorts including outdoor hot spring, spa or hot tub facilities; hunting and fishing clubs; recreational camps; group or organized camps; incidental, seaso nal camping areas without facilities; equestrian facilities, including riding academies, schools, stables and exhibition facilities. 43. Social and Service Organizations. Public or quasi-public establishments providing social services and rehabilitation services to such as counseling centers, welfare offices, j ob counseling and training centers, or vocational rehabilitation agencies, persons with social or personal problems requiring special services and to the handicapped and the disadvantaged. Also included are organizations soliciting funds to be used directly for these related services. Also includes establish ments engaged in community improvement and neighborhood development. Does not include child day care services which are classified under “Schools.” 44. Sports Assembly. Facilities for spectator-oriented specialized group sports assembly that includes: stadiums and coliseums; arenas and field houses; race tracks (auto and animals); motorcycle racing and drag strips; and other sports that are considered commercial. 45. Temporary Events. Any use of a structure or land for an event for a limited period of time where the site is not to be permanently altered by grading or construction of accessory facilities. Events include: art shows; rodeos; religious revivals; tent camps; outdoor festivals and concerts. 46. Cemeteries. Interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries and cemetery, mauso-leum and columbarium operations. Excludes funeral parlor and related facilities which are listed under “Mortuary Services.” 47. Bed and Breakfast. Transient lodging establishments primarily engaged in providing overnight or otherwise temporary lodging for the ge neral public. Such establishments provide limited meal service, generally breakfast, for lodgers 48. Hotels, Motels. Commercial transient lodging establishments, including hotels, motor hotels, motels, tourist courts or cabins, primarily engaged in providing overnight or otherwise temporary lodging, with or without meals, for the general public. Such establishments shall not provide kitchen facilities in more than twenty-five percent (25%) of the units. 49. Recreational Vehicle Parks. Transient lodging establishments primarily engaged in renting, leasing or otherwise providing ove rnight or short-term sites for trailers, campers, or tents, with or without individual utility hookups, but with other facilities such as public restrooms. Does not include incidental camping areas, which are included under “Rural Sports and Group Facilities.” ITEM NUMBER: B-1 DATE: 09/13/16 171 50. Bar/Tavern. Establishments where alcoholic beverages are sold for on -site consumption, which is not part of a larger restaurant. Includes bars, taverns, pubs, night clubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Does not include adult entertainment businesses or uses defined under microbeweries or tasting rooms. 51. Micro-Brewery/Brewpub. An establishment that produces ales, beers, meads, hard ciders / and or similar beverages to serve on -site. Sale of beverages for off-site consumption is also permitted consistent with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Food service for on -site consumption is allowed as an ancillary use. Brewpubs and microbreweries are considered small operations consistent with ABC license type 23, 40, or 42 or State similar licensures./ 51. Tasting Room. Establishment that allows for beer, wine, or spirit tasting on-site with off-site sales directly to the public. Tasting rooms must meet the requirements of the Alcoholic Beverage Control (ABC) license type (Type 02, Type 23, Type 40, Type 42 or Type 74 license, or similar). Tasting rooms may operate within a large scale brewing, winery, or distillery facility as an ancillary. 52. Eating and Drinking Places. Restaurants and other establishments selling prepared foods and drinks for consumption on the premises, as well as facilities for dancing and other entertainment which are secondary and subordinate to the principal use of the establishment as an eating and drinking place. Also includes lunch counters and refreshment stands selling prepared goods and drinks for immediate consumption. Restaurants, lunch counters, and drinking places operated as subordinate service facilities within oth er establishments are not included here unless they are operated as leased departments by outside operators. Does not include establishments with drive-through facilities. 53. Eating and Drinking Places with Drive-Through FacilitiesSales or Services. Establishments which include points of service where customers are served prepared food without leaving their vehiclesA facility where food or other products may be purchased or where services may be obtained by motorists without leaving their v ehicles. Examples of drive-through sales facilities include fast-food restaurants, drive-through coffee, photo-stores, pharmacies, etc. Examples of drive-through service facilities include drive-through bank teller windows, automated teller machines (ATM), dry cleaners / laundromats, etc. but do not include service stations or other vehicle services, which are separately defined. . 54. Accessory Storage. The indoor or outdoor storage of various materials on the same site as a principal building or land use wh ich is other than storage, which supports the activities or conduct of the principal use. 55. Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling new and used automobiles, including, but not limited to, light trucks (US DOT Class 1, 2, and 3), boats (FBSA Class A and Class 1 boats (under twenty-six (26) feet in length)), recreational vehicles, recreational/utility trailers, motorcycles and mopeds. Also includes establishments selling new parts and accessories within a building for the above. Does not include establishments dealing exclusively in used parts. Includes automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the same site. Does not include “service stations,” which are separately defined. 56. Artisan Foods and Products. An establishment that specializes in artisan food production, art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the facility includes a retail component. . ITEM NUMBER: B-1 DATE: 09/13/16 172 56.57. Building Materials and Hardware. Retail trade establishments primarily engaged in the sale of lumber and other building materials, including paint, wallpaper, glass, hardware, nursery stock, lawn and garden supplies. Includes all such stores selling to the general public, even if sales to contractors account for a larger proportion of total sales. Establishments primarily selling plumbing, heating, and air conditioning equipment and electrical supplies are classified in “Wholesaling and Distribution.” 57.58. Food and Beverage Retail Sales. Retail trade establishments primarily engaged in selling food for home preparation and consumption, as well as the retail sale of packaged alco holic beverages for consumption off the premises, including wine tasting facilities which are not on the same site as the winery. 58.59. Fuel and Ice Dealers. Retail trade establishments primarily engaged in the sale to consumers of coal, wood, ice, fuel, oil and liquefied petroleum gas (LPG), propane, bottled or other fuels in bulk. Does not include accessory uses as part of a service station. 59.60. Furniture, Home Furnishings and Equipment. Retail trade establishments primarily engaged in selling furnishings for the home, such as furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators and other household electrical and gas appliances. Establishments selling electrical and gas appliances are included only if the major part of their sales consist of articles for home use. Also includes retail sale of office furniture, as well as music stores. 61. General Merchandise StoresRetail. Retail trades included in this group are department stores, variety stores, drug and discount stores, general stores, etc., e ngaged in retail sales of many lines of new and used merchandise, including: dry goods; apparel and accessories; furniture and hom e furnishings; small wares; hardware; sporting goods and equipment; bicycles, parts and accessories. Also includes sales of miscellaneous shopping goods such as: books; stationery; jewelry; hobby materials, toys and games; cam eras and photographic supplies; gifts, novelties and souvenirs; luggage and leather goods; fabrics and sewing supplies; florists; cigar and newsstands; artists’ items (stores for which may include space for crafting operations when such area is subordinate to the retail sales); and other miscellaneous retail shopping goods. Stores and shops selling either many lines of merchandise, or specialized type of merchandise, where the retail sales are conducted within the entire footprint of a building . Examples include but not limited to:  Antique stores; second hand stores, jewelry stores, hobby materials, specialty stores;  Art galleries, art supplies, collectibles, hobby materials;  Bicycles, toys, games, sporting goods and equipment;  Department stores, drug stores, pharmacies, supermarkets, groceries stores, specialty food markets, membership warehouse clubs;  Florists, house plant stores (indoor sales), small house wares;  Home Furniture stores, consumer electronic / audio visual goods, bookstores, home and/or office appliance stores (excludes wholesale sales not open to the general public )  New clothing, shoes, and accessory retail stores;  Stationary, dry goods, fabric stores and sewing supplies, and variety stores;  Stand-alone convenience markets (excludes fuel sales), warehouse retail stores, building supply hardware stores where outdoor sales are limited to under 10,000 sf , General Retail Greater than 50,00 sf. See general retail sales definition. 60.62. Mail Order and Vending. Establishments primarily engaged in retail sale of products by catalog and mail order. Also includes vending machine distributorships and suppliers. 61.63. Sales Lots. Sales lots consist of any outdoor sales area for permanent display of motorized farm equipment, boats (FBSA Class 3 and 4 boats (over twenty-six (26) feet in length)), heavy commercial trucks (US DOT Class 4 through 8), mobilehomes, construction equipment, or other heavy equipment; outdoor equipmen t rental yards; or large scale temporary or permanent outdoor sales activities, including, but not limited to, swap meets and flea markets. ITEM NUMBER: B-1 DATE: 09/13/16 173 62.64. Adult-Oriented Business. Any business defined by the Atascadero Sexually Oriented Business Ordinance (see Chapter 5-10 of this code)Chapter 19 of Title 9 in the Atascadero Municipal Code, or subsequent code section, as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor (excluding State-licensed massage therapy), sexual encounter establishment, or nude model studio is a sexually adult oriented business. 63.65. Temporary or Seasonal Retail Sales. Retail trade establishments primarily engaged in the sale of fireworks; produce; Christma s trees or other seasonal items; or semiannual sales of art or handcrafted items in conjunction with community festivals or art shows. 64.66. Service Stations. Retail trade establishments primarily engaged in the sale of gasoline, which may also provide lubrication, oil change and tune-up services incidental to gasoline sales. May also include a towing service but does not include storage of wrecked or abandoned vehicles, paint spray. 65.67. Mobile eating and drinking vendors. Any vehicle, wagon, or pushcart that is self -propelled or can be pushed/pulled down a street or sidewalk, on which food is displayed, prepared, or processed for the purpose of selling food or drinks to a consumer. 66.68. EV Charging Site. Electric Vehicle (EV) charging site includes level one, level two, and level three charging sites that are an accessory use to a primary use, such as a parking lot, building, or multi-family residence. These charging sites are incidental uses and may or may not charge a fee for use. Does not include stand alone EV charging station as defined in “Service Stations”. 67.69. Financial Services. Service establishments primarily engaged in the field of finance, including: banks and trust companies; credit agencies other than banks; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding (but not predominantly operating) companies; and other investment companies. 68.70. Automated Teller Machine (ATM). TM. Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institutions personnel. The machines may be located at or within banks, or in other locations. 69.71. Government Offices & Facilities. Administrative, clerical, or public contact and/or service offices of recognized local, state, or federal agencies. Includes post offices, City Hall, municipal corporation yards, etc. 70.72. Health Care Services. Service establishments primarily engaged in furnishing medical, mental health, surgical and other personal health s ervices including: medical, dental and psychiatric offices (mental health) related services, including various types of counseling practiced by licensed individuals other than medical doctors or psychiatrists, or unlicensed individuals, are included under “Offices”; medical and dental laboratories; outpatient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included. Also includes hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. Nursing homes and similar long-term personal care facilities are classified in “Residential Care.” 71.73. Offices. Establishments engaged in performing a service in a professional office including: engineering, architectural and surveying services; rea l estate agencies; noncommercial educational, scientific and research organizations; accounting, auditing, and bookkeeping services; authors, writers, artists, etc.; advertising agencies; photography studios and small commercial art studios; employment agencies and stenographic services; reporting services; data processing and computer services; management, public relations, and consulting services; detective agencies and other similar professional services; attorneys; and counseling services provided by individuals other than licensed psychiatrists, which are included under “Health Care Services.” ITEM NUMBER: B-1 DATE: 09/13/16 174 72.74. Temporary Offices. The utilization of a mobilehome or recreational vehicle as a temporary office during the period of a const ruction of a permanent office facility on the same site. 73.75. Home Occupations. The gainful employment of the occupant of a dwelling, with such employment activity being subordinate to the residential use of the property. 74.76. Animal Hospitals. Establishments primarily engaged in performing services for animals, including veterinary services and anim al hospitals. Does not include kennels, wh ich are listed as a separate category. 75.77. Day Care. Facilities that provide non-medical care and supervision of individuals for periods of less than twenty-four (24) hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services or successor agency. Day care uses include the following: a. Child Care Center. Child day care facilities designed and approved to accommodate fifteen (15) or more children. Includes inf ant centers, nursery school, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use. b. Large Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or successor provision, a home that regularly provides care, protection, and supervision for seven (7) to twelve (12) children, including up to two (2) children under the age of ten (10) years who reside in the home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. c. Small Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or successor provision, a home that provides family day care for six (6) or fewer children, including two (2) children under the age of ten (10) years who reside in the home. d. Adult Day Care Facility. A day care facility providing care and supervision for adult clients. 76.78. Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen voluntarily by the residents or the residents’ guardians, conservators or other responsible person(s) where the following occurs: where seventy-five (75) percent of the residents are at least sixty-two (62) years of age, or, if younger, have needs compatible with other resid ents; and where varying levels of care and supervision are provided, as agreed to at the time of admission or as determined necessary. RCFE uses may include basic services and community space. RCFE uses include the following: a. Assisted Living Facility. A residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Soci al Services, designed to respond to the daily, individual needs of the residents. Assisted living facilities may include kitchenett es (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted living facilities are required to be licensed by the California Department of Social Services, and do not include skilled nursing services. b. Independent Living Center/Senior Apartment. Independent living centers and senior apartments are multi-family residential projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities. Retirement Hotel. Establishments primarily engaged in providing lodging facilities limited to the aged where no medical care is provided. Such establishments may provide housek eeping and meals to the residents 77.79. Residential Care. A single-family or multiple-family dwelling unit that is licensed or supervised by a Federal, State, or local health/welfare agency that provides non-medical care of unrelated persons who are in need of personal service, supervision, or assistance essential for sustaining activities of daily living or for the protection of the individual. Use includes the following: children’s homes; halfway houses; rehabilitation centers; self-help group homes. 78.80. Medical Extended Care Services. Residential facilities providing nursing and health-related care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “Residential Care.” ITEM NUMBER: B-1 DATE: 09/13/16 175 79.81. Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months (Health and Safety Code Section 50675.2(h)). This definition excludes housing for halfway houses intended for occupancy by parolees or convicted persons, children’s homes, halfway houses, rehabilitation centers, and self-help group homes. 80.82. Funeral Mortuary Services. Establishments with facilities for the preparation of the dead for burial or, cremation and for the holding of funeral observances and services. Accessory facilities may include a cemetery, columbarium or mausoleum. Includes: funeral homes and parlors, mortuaries and related facilities. 81.83. Kennels. A lot, building, structure, enclosure or premises where four (4) or more dogs or cats (four (4) months of age or older) are kept or maintained, including the keeping of such animals for sale, for commercial breeding or for lodging and care. Does not include dogs and cats kept for non commercial purposes., including hunting and herding livestock, which are allowed as residential accessory uses. 82.84. Auto Repair and Services. Service establishments primarily engaged in the repair, alteration, painting, washing or waxing of automobiles. May a lso include rental of cars, trucks or trailers; leasing of cars and trucks. Does not include repair shops which are subordinate to and maintained by a vehicle deal ership. 83.85. Light Repair Services. Service establishments where repair of small consumer product s is the principal business activity, including: electrical repair shops; television and radio and other small appliance repair; and watch, clock and jewelry repair. Does not include repair or services that are incidental and acce ssory to retail sales. Does not include businesses serving the repair needs of heavy equipment, or large size consumer products which are included under “Business Support Services.” 84.86. Mini-Storage. Buildings containing individual storage areas rented or leased to the general public. Does not include warehousing or exterior storage facilities. 85.87. Personal Services. Service establishments primarily engaged in providing non-medical services as a primary use and may include accessory retail sales of products related to the services provided. These uses include the following: beauty shops (includes permanent makeup when less than ten percent (10%) of overall sales), barber shops, day spas and massage therapy where each massage therapist is certified/licensed by a State-recognized organization, shoe repair shops, dry cleaning pickup stores, clothing rental, tailors, tanning salons, pet grooming services, nail salon, and other similar uses. 86.88. Personal Services—Restricted. Service establishments that may have a blighting and/or deteriorating effect upon the surrounding area which may need to be dispersed in order to minimize their adverse impact. Examples of these uses include, but are not limited to, the following: check cashing and/or payday/same day loans; smoking, tobacco and vaping products as a primary use, fortunetellers, psychics; palm, tarot and card readers; tattoo and body piercing services; pawn shops, to which the business of pawn brokering, or the business of lending m oney upon personal property, pawns or pledges is done; and hot tubs and saunas that are not an accessory to a permitted use. 87.89. Printing and Publishing. No definition. An establishment engaged in printing letter press, lithography gravure, screen offset or electrostic copying and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. The use also includes establishments that publish newspapers, books, and periodicals; establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition “Business Support Services” 90. Business Support Services. Service establishments housed primarily within buildings, which provide particular businesses with services that are maintena nce and repair related, service oriented, testing, rental, etc. This group includes: outdoor advertising services; mail advertising services (reproduction and s hipping); blueprinting, photocopying, photofinishing, commercial art ITEM NUMBER: B-1 DATE: 09/13/16 176 and design (production); services to structures, such as windo w cleaning, exterminators, janitorial services; heavy equipment and business equipment repair services including welding repa ir and armature rewinding and repair (except vehicle repair which is included under “Auto Repair and Service”); computer related services (rental, repair, and maintenance); research and development laboratories, including testing facilities; protective services (other than office -related); equipment rental yards are included under “Vehicle and Equipment Storage” and which include the leasing of tools, machinery and other business items, except vehicles; trading stamp services: repair of large size consumer products including major appliances; and other business services that may be of a “heavy service” nature . An establishment or busin ess located within a building and provides services to other business including but not limited to:  Blueprinting and reprographics, copying and quick printing services;  Computer related services repair and rental;  Private mail and mailbox service not affiliated with federal mailing agency;  Protective services (other than office related) and security system services;  Services to structures such as window cleaning, exterminators, janitorial services and other similar types.  Outdoor advertising and signage services. 91. Contract Construction Facilities. Office uses with indoor/or outdoor facilities operated by, or on behalf of a contractor for storage of large equipment, veh icles, and/or other materials commonly used in the individual contractor’s type of business and can include the storage of materials used for repair and maintenance of contractor’s own equipment; and buildings or structures for uses by the contractor. 88.92. Vehicle and Equipment Storage, Service establishments primarily engaged in the business of storing cars, buses and other motor vehicles; recreational vehicle s (such as campers, motor homes, boats); construction equipment; and farm equipment. Includes both day use and long-term public and commercial garages, parking lots and structures. Does not include wrecking yards (classified in “Recycling and Scrap”). , 93. . Manufacturing, Repair, & Processing – Low Intensity. A facility or business that engages in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing process and the materials used are un likely to cause significant impacts to the existing surrounding neighborhood or businesses in a indoor setting. Example of manufacturing and processing uses that are considered low intensity include the following but are not limited to:  Artisan manufacturing and production where no retail component exists;  Production, assembly, and/or repair where no raw materials are manufactured;  Production and assembly of precision electronics and scientific instruments;  Producing or processing of foods and beverages fo r human consumption where no retail component exists and does not include noxious odors or excessive noise and no slaughter o ccurs on- site;  Repair and service of small consumer products;  Small scale manufacturing where assembling and/or manufacturing is completed by hand or precision tool;  Small product manufacturing not classified in another major manufacturing group 89.94. Electronic and Scientific Instruments. Manufacturing and establishments producing instruments (including professional and sci entific) for measurement, testing, analysis and control, and their associated sensors and accessories; optical instruments and lenses; surveying and drafting instruments; surgical, medic al, and dental instruments, equipment, and supplies; ophthalmic goods; photographic equipment and supplies; and watches and clocks; and electrical instruments, components and equipment including integrated cir cuits, semiconductors, calculators and computers. ITEM NUMBER: B-1 DATE: 09/13/16 177 90.95. Food and Kindred Products. Manufacturing establishments engaged in producing o r processing foods and beverages for human consumption and certain related products. Includes: (1) meat and poultry products (slaughtering, canning, and curing and by -product processing); (2) dairy products processing; (3) canned and preserved fruit and ve getables and related processing; (4) grain mill products and by-products; (5) bakery products, sugar and confectionery products; (6) fats and oil products; (7) beverages and liquors (except wineries, which are included under “Ag Processing”); and (8) misce llaneous food preparation from raw products. Operations on crops subsequent to their harvest are included under “Ag Processin g.” 91.96. Paper Products. Includes the manufacture of pulps from wood, other cellulose fibers, and rags; the manufacture of paper and paperboard; and the manufacture of paper and paperboard into converted products such as paper coated off the paper machine, paper bags, paper boxes, and envelopes. Also includes building paper and building board mills 92.97. Small Scale Manufacturing. Manufacturing establishments not classified in any other major manufacturing group, including: jewelry, silverware and plated ware; mu sical instruments; toys; sporting and athletic goods; pens, pencils, and other office and artists’ materials; buttons, costume nove lties, miscellaneous notions; brooms and brushes; and other miscellaneous manufacturing industries. Also included are artisan and craftsman type operations which are not home occupations, and which are not secondary to on-site retail sales. 93. 94.98. Lumber and Wood Products. Manufacturing and processing uses, including merchant sawmills, lath mills, shingle mills, cooperage stock mills , planing mills, and plywood mills and veneer mills engaged in producing lumber and basic wood products; and establishments engaged in manufacturing finished articles made entirely or mainly of wood or wood substitutes. Also included are: truss and structural beam assembly; wood containers; pallets and skids; wood preserving; particle board assembly; turning and shaping wood and wood products on a manufacturing basis; mobilehome and modular home assembly. Wood and cabinet shops are included in “Furniture and Fixtures.” Craft type shops are included in “Small Scale Manufacturing 95.99. Furniture and Fixtures. Manufacturing establishments producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and pu blic building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades 96.100. Machinery Manufacturing. Establishments engaged in manufacturing machinery and equipment such as: engines and turbines; farm and garden machinery and equipment (except for secondary assembly of such products which is included under “Farm Equipment and Supplies”); construction, mining and materials handling machinery and equipment such as bulldozers, cranes, dredging machinery, mining equipment, oil field equipment, passenger and freight elevators, conveyors, industrial trucks and tractors; machine tools such as gear cutting machines, die casting machines, dies, jigs, industrial molds, power-driven hand tools; machinery for use in the food products, textile, woodworking, paper or printing industries; general machin ery and equipment such as pumps, roller bearings, industrial furnaces and ovens; office, computing and accounting machines such as typewriters, computer s, dictating machines; machinery for refrigeration and service industries such as commercial laundry and dry cleaning equipment, heating, ventilating and air conditioning equipment, commercial cooking and food warming equipment; miscellaneous machinery such as carburetors, pistons and valves. 97.101. Stone and Cut Stone Products. Manufacturing establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones 98.102. Structural Clay and Pottery-Related Products. Manufacturing establishments primarily producing brick and structural clay products, including pipe, china plumbing fixtures, a nd vitreous china articles, fine earthenware and porcelain electrical supplies and parts. Artist/craftsman uses are included in “Sm all Scale Manufacturing” or “Home Occupations.” Highlowmay cause a significant impact. Uses can have an indoor setting, however uses are primarily conducted outdoors; ITEM NUMBER: B-1 DATE: 09/13/16 178 103. Manufacturing, Repair, & Processing – High Intensity. A facility or establishment that accommodates manufacturing process that involve and/or produce building mate rials, fabricated metal products, machinery, and other similar manufacturing uses, where the intensity or scale of operations is determined to be greater than those classified under “manufacturing & processing – low intensity”, but where impacts to surrounding neighborhoods, businesses, and the community may cause a significant impact. Uses may have an indoor setting, however uses may also be conducted outdoors. Examples of manufacturing and processing uses that are considered high-intensity include the following but are not limited to:  Machinery manufacturing that makes or process raw materials into products;  Metal fabrication and welding shops engaged in the production and/or assembly of metal, and other similar metal shops;  Manufacturing that cuts, shapes, and/or finishes building materials used in home or non-residential construction;  Chemical product manufacturing that produces or uses basic chemicals and other establishments creating products predominantly by chemical processes;  Product manufacturing that produces bulk concrete, asphalt, and other paving materials;  Paving and roof materials manufacturing of various common paving and petroleum-based roofing materials including bulk asphalt, paving blocks made of asphalt, creososte wood, and various compositions of asphalt and tar;  Plastics, other synthetics and rubber manufacturing;  Primary metal industries engaged in smelting, refining of ferrous and non-ferrous metals;  Other similar heavy intensive uses 99.104. Glass Products. Manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations of a larger scale than home occupations, which are listed under “Small Scale Manufacturing. 100.105. Concrete, Gypsum, and Plaster Products. Manufacturing establishments primarily engaged in producing concrete building block, brick and all types of pre-cast and prefab concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, such as plasterboard. 101.106. Plastics and Rubber Products. Manufacturing establishments producing rubber products such as: tires; rubber footwear; mechanical rubber goods; heels and so les; flooring; and rubber sundries from natural, synthetic or reclaimed rubber, gutta percha, balata, or gutta siak. Also includes establishments primarily manufacturing tires (establishments primarily recapping and retreading automobile tires are classified in “Auto, Mobilehome and Vehicle Dealers and Supplies”). Also includes establishme nts engaged in molding primary plastics for th e trade, and manufacturing miscellaneous finished plastics products. 102.107. Chemical Products. Manufacturing establishments producing basic chemicals and establishments manufacturing products predomina ntly by chemical processes. Establishments classified in this major group manufactures three (3) general classes of products: (1) basic chemicals such as acids, alkalis, salts, and o rganic chemicals; (2) chemical products to be used in further manufacture such as synthetic fibers, plastic materials, dry colors, and pigments; (3) finished chemical products to be used for ultimate consumption such as drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries such as paints, fertilizers and explosives. 103.108. . Metal Industries, Primary. Manufacturing establishments engaged in the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; in the rolling, drawing, and alloying of ferrous and nonferrous metals; in the manufacture of castings and other basic products of ferrous and nonferrous metals; and in the manufacture of nails, spikes, and insulated wire and cable. Merchant blast furnaces and by-product or beehive coke ovens are also included. ITEM NUMBER: B-1 DATE: 09/13/16 179 104.109. Paving Materials. Manufacturing establishments producing various common pa ving and roofing materials, including paving blocks made of asphalt, creosoted wood and various compositions of asphalt and tar . 105.110. Petroleum Refining and Related Industries. Manufacturing and processing establishments primarily engaged in petroleum refinin g, and compounding lubricating oils and greases from purchased materials. Also includes manufacture of petroleum coke and fuel briquettes and petroleum bulk stations. Petroleum a nd petroleum products distributors are included in “Wholesaling and Distribution.” 106.111. Textile Mills. Manufacturing establishments engaged in performing any of the following operations: preparation of fiber and s ubsequent manufacturing of yarn, threads, braids, twine cordage; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fiber, yard, fabric, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrat ed manufacture of knit apparel and other finished products from yarn; and the manufacture of felt goods, lace goods, nonwoven fa brics and miscellaneous textiles. 107.112. Collection Stations. Facilities for the temporary accumulation and storage of recyclable discarded materials, which are subsequently transported to recycling centers or solid waste disposal sites for further processing. Does not include automobile wrecking yards or any recycling processing facilities, which are listed under “Recycling and Scrap.” Does not include temporary storage of toxic, mutagenic or radioactive waste materials. 108.113. Recycling and Scrap. Establishments primarily engaged in assembling, breaking up, sorting, temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap. Does not include waste disposal sites, which are s eparately defined. Does not include temporary storage of toxic or radioactive waste materials. 109.114. Recycling Centers. An establishment, which is larger than a “collection station,” that serves as a community-wide center for the collection and/or processing of recyclable materials such as glass, paper, plastic, aluminum and metal cans 110.115. Research & Development. Research and development offices, devoted to scientific and engineering research and the design, development and testing of new technology and products; usually includes laboratory space or small-scale manufacturing operations. 111.116. Laundries and Dry Cleaning Plants. Service establishments primarily engaged in high volume laundry and garment services, incl uding: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not inclu de coin-operated laundries or dry cleaning pickup stores without dry cleaning equipment, which are classified in “Personal Services.” 112.117. Medical Research. Establishment related to medical and/or dental research, testing and analysis, including but not limited to trial and clinical research. Biomedical and pharmaceutical research and development facilities are not included in this definition. Medical Research does not include the storage or use of quantities of hazardous materials nor any toxic gas. Additionally, Medical Research may include storage and use of etiological (biological) agents up to and including Risk Group 2 or Bio Safet y Level 2 (Center for Disease Control). Typically uses are a part of a campus like setting such as a business park or stand-alone building. ITEM NUMBER: B-1 DATE: 09/13/16 180 118. Storage, Recycling and Dismantling of Vehicles and Material. Establishments primarily engaged in the storage, assembling, dis mantling, sorting, and distribution of materials, equipment and vehicles. This use may be located either outdoors or indoors and includes, but is not limited to, auto wrecking yards, vehicl e storage areas, vehicle impound lots, recyclable/waste material storage and transfer facilities. This does not include waste disposal sites, which are separately defined, or temporary storage of toxic or radioactive waste materials. 113.119. Warehousing. Establishments primarily engaged in the storage of farm products, furniture, household goods, or other commercial goods of an y nature for later distribution to wholesale and retailers. Does not include terminal facilities for handling freight (classified in “Vehicle and Freight Terminals”). Also includes storage or mini-storage facilities offered for rent or lease to the general public Uses engaged in storage of manufactured products, supplies, and equipment excluding bulk storage of materials that are fla mmable or explosive or that present hazards, or conditions commonly recognizable as offensive. Does not include personal storage as defined as “mini-storage”. 120. Wholesaling and Distribution Centers. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative ma rketing of farm products. Also includes storage, processing, packaging, and shipping facilities for mail order and e-commerce retail establishments. 121. Winery – Boutique. Winery or distillery production for no more than 3,000 cases of wine per year. Uses include fruit processing, ferme ntation pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine. Does not include winery production in residential zones, which is defined as Small Scale Agriculture. 3 122. Winery – Production. Winery or distillery production of more than 3,001 cases of wine per year. Uses include fruit processing, fermentation pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine. This also includes uses that produce 3,001 cases of beverages or less, but do not meet the requirements for “winery – boutique”, “winery – production”, or “brewery – production”. 123. 33 124. Brewery – Production. An establishment which produces ales, beers, meads, hard ciders, and/or similar beverages on -site. Production breweries are classified as a use which requires a Class 01 type licensure from Alcohol Beverage Control (ABC). Breweries may also serve beverages on-site, and sell beverages for off-site consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). 125. Parking Lot. An open area, excluding a street or other public right -of-way, for the exclusive use of parking for automobiles and available to either to the public or patrons of adjacent buildings or structures. Parking lots can either be free for use of customers or t he public, or may charge a fee for compensation of use of parking areas. 126. Transit Stations and Terminals. Passenger stations for vehicular, bus, and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. 127. Utility Service Centers. A private or public utility facility providing for customer services (including bill paying), engineering, production and treatment facilities, clerical, and construction crew activities. Includes vehicle, material and equipment parking and storage. 114.128. Utility Transmission Facilities. Utility transmission lines and distribution facilities, including substations for electric, gas, other energy sources, water, cable television and telephone. Does not include lines serving individual customers. A fixed-base structure or facility serving as a junction point for transferring electric utility services from one transmission voltage to another or to local ITEM NUMBER: B-1 DATE: 09/13/16 181 distribution and service voltages, and similar facilities for water supply, natural gas distribution, wastewater pump station, fiber optics junction box, or other similar facilities that are not exempted from land use permit requirements by California Government Code section 53091 or successor code. 115.129. Vehicle and Freight Terminals. Transportation establishments furnishing services incidental to transportation, including: freight forwarding services; transportation arrangement services; parking, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; truck ing facilities, including transfer and storage; public warehousing and storage. Includes both railroad transportation and motor freight transportation. 130. Pipelines. Facilities primarily engaged in the pipeline transportation of crude petroleum; refined products of petroleum such as gasoline and fuel oils; mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities, excluding natural gas. Utility Infrastructure. Pipelines for water, natural gas, sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also include telephone, cable television, and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service center as defined under “offices – professional” or distribution substations (“Utility Facilities”). 131. Broadcasting Studios. Commercial and public cCommunications uses including radio, television, telegraph and telephone broadcasting and receiving stations and studios which with are facilities and equipment enclosed entirely within buildings. Does not include antennas and towers, which are defined under “telecommunications facilities”. , except for accessory transmission facilities such as antennas, satellite receiving dishes and similar transmission and receiving apparatus. 132. Telecommunication Facility. Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph , telephone, cellular data network, and wireless communication towers (cellular phones), including commerical earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph, and cable television transmission facilities utilizing hard -wired or direct cable connections. Does not include data processing centers. 116.133. Data and Computer Services / Center. A use where the majority of the space is occupied by computers and/or related equipment and where information is processed, transferred, and/or stored (also commonly referred to as “server farms”. Data and computer service / centers may contain data technology centers, internet service providers (ISPs), network operation centers, web hosting facilities and other similar establishments primarily engaged in providing direct access through telecommunication networks to computer-held information. ITEM NUMBER: B-1 DATE: 09/13/16 182 ITEM NUMBER: C-1 DATE: 09/13/16 Atascadero City Council Staff Report – City Manager’s Office City of Atascadero Marketing Plan Update 2016 RECOMMENDATION: Council receive and file marketing plan update. DISCUSSION: The City of Atascadero Marketing plan is designed to support our vision and brand that has been defined as Classic Americana, simply genuine, hometown feel and a “California as it used to be” experience. The goals for the City’s Marketing plan is to promote the City’s assets and events that appeal to local and county residents as well as encourage visitors who are already here, to “stay, spend and enjoy”. The plan has been designed to implement these goals by keeping our City’s businesses and assets top-of-mind through an ongoing advertising campaign, growing existing events as well as establishing new events that appeal to our target audience. Th is update captures what we have accomplished from June through August, as well as present year-to-date (January – August 2016) results across website growth, social media followers, and digital dashboard reporting of our retargeting display ads and paid search. The promotions portion highlights the overall advertising campaign and the current makeup of the promotional media within the campaign. The update reviews campaigns that have transpired over the past three months (June through August), as well as campaigns that are in place to promote from September through the end of the year. The events portion reviews new events, how events are tracking with overall attendance and associated costs, as well as review events that are in the pipeline. The last marketing update was given to Council on June 14th with a recap of the marketing and events from March through May. This update includes current ongoing marketing efforts and promotions that we conducted throughout the summer: 183 ZHEÿEEII ITEM NUMBER: C-1 DATE: 09/13/16 Promotions Recap:  Television Commercials o We had KSBY produce two ad spots for the City, one which highlighted the Zoo and one which highlighted the Downtown. The Zoo ad began airing on KSBY in mid-March and ran through Labor Day weekend. The Downtown spot was added into rotation with the Zoo spot on June 8th and also ran on KSBY through Labor Day weekend. o We signed an agreement with Charter Advertising to run the two Zoo and Downtown ads across multiple Charter cable networks, beginning on June 8th through Labor Day weekend. These ads were geographically targeted to air on the Charter systems throughout SLO County & Santa Maria.  Digital Advertising o We have website banner ads highlighting City Hall tours, events, the Downtown and the Charles Paddock Zoo on sanluisobispo.com, ksby.com, atascaderonews.com. o We have Search Engine Marketing (SEM) ads running through December, with the geographic target of Northern Santa Barbara County, all of SLO County, Monterey/Salinas, and the Central Valley. o We have online digital display ads ongoing through December which are targeted to specific keyword searches, such as zoo, travel, craft beers, and a variety of targeted keywords through users search habits, what they are reading and when they are on our site, with the same geographic target as above.  Social Media o We continue on a daily or as-needed basis with our Social Media posts on the Visit Atascadero and City of Atascadero Facebook pages, as well as on Instagram and Twitter for City of Atascadero and the Charles Paddock Zoo. o Press releases are distributed for all City and Zoo events and newsworthy happenings, which are also posted on the City’s website, Facebook pages, VisitSLOCounty.com, Atascadero Chamber website, and media event calendars throughout the county.  Billboards & Bus Signs o We have billboard ads up at Highway 46/Lost Hills (facing east), along with our City Billboard panels which are located here in town. o The Zoo, Historic City Hall & Faces of Freedom Veterans Memorial interior bus signs at Hearst Castle have been renewed through the end of February 2017.  Newspaper Advertising o Tribune newspaper ads are being utilized to promote the Downtown and events through event sponsorship. All newspaper ads include digital display ads on www.SanLuisObispo.com. o We’re running promotional print ads in the Tribune Magazines and Special Sections, i.e., in Mid State Fair Guide and in the Living Here magazine. 184 ITEM NUMBER: C-1 DATE: 09/13/16 o We’re using New Times newspaper advertising for events with our sponsorship programs for Ice Cream Zoofari and Cruising Weekend. o Ad placements in the Atascadero News have been targeted to Downtown and Cruising Weekend. o We’ve been promoting our Downtown with ads placed in the Atascadero News Magazines Sections; for example we highlighted the “Cruising Weekend” in Atascadero News’ Mid-State Fair Daily Schedule. We also worked with the Atascadero News on a specific Cruising Weekend Guide with distribution of over 20,000 that went in paper s to Atascadero, Paso Robles and Watsonville. o Distributed new Charles Paddock Zoo brochures to visitor racks located throughout SLO hotels and the Welcome Center in Pismo Beach. We’re having new Visit Atascadero brochures printed which are to be distributed to visitor racks located at all SLO hotels, Welcome Centers in Pismo Beach, Monterey, Oxnard, Merced; and the airports located in San Jose & Santa Barbara.  Radio Advertising o American General Media radio station ads have primarily been used to highlight event sponsorship. Cruising Weekend/Dancing in the Streets ads were aired across AGM radio networks KJUG, KZOZ & COAST104.5, in addition to airing on the “Liquid Lunch” program on 92.5. o We’ve used Grape Encounters to air continuous spots and live promotion on the Quickbites program on station 92.5, along with commercials supporting events. Digital banner ads also added on the website for Grape Encounters.  Other o We have a commercial running on “Visitor TV” in the SLO Airport and in SLO County Hotels. o We contracted with Galaxy Theatre for an ad which promoted “Cruising Weekend” and aired on movie screens located in Atascadero, Modesto and Tulare.  Events (June through August) o Summer Concert Series – we added another Saturday to the annual series of concerts at the Atascadero Lake Park ; and we added Phil’s Catering to the entire summer of concerts. o Saturday Tours of Historic City Hall – Historic City Hall was open to the public for tours every Saturday throughout the summer. o Cruising Weekend & Dancing in the Streets – we added a new event to our very popular 24th Annual Cruise Nite event. Adding the Saturday Night “Dancing in the Streets” event enabled us to market the entire weekend including the MidState Cruizers Car Show on Saturday at Atascadero Lake Park. The Dancing event had approximately 3,000 in attendance and offered a total of five bands, nine food vendors and three beer gardens each benefiting a non-profit. Additional entertainment was offered on the 185 ITEM NUMBER: C-1 DATE: 09/13/16 first two stages showcasing Legacy Acrobatics, ballroom dancing, line dancing, Atascadero A-Town Swing Dancers, and Dancing with our Stars. o Movies in the Gardens - we had a solid movie line up all summer and they were all very well attended. o Other Events – we assisted with Art & Wine Tour with City Hall Tours plus as a wine tasting location; we participated in the 1st Lake Fest with a City booth and Zoo offer; we participated in the Atascadero Wine Festival with Zoo coordination.  Upcoming New Events and Event Idea: o Cow Parade SLO – This event is the largest traveling art exhibit coming to San Luis Obispo County. There will be 101 Cows on display from mid- September until the end of April 2017. This event will provide our City the opportunity to showcase and promote our downtown along with the variety of attractions we have to offer. This event is part of a countywide effort to draw visitors into and from around the county to come out and view the variety of Cows on display. We chose the “Cow who wanted to be a Turtle” as it complements and promotes our Turtle in Trouble program at the Charles Paddock Zoo. It is also an opportunity for visitors to come over to the Zoo and enjoy our animals as well as learn about how the Zoo is involved in a long term research program of the Turtle and Tortoise species in the hopes of helping to save these animals from extinction. The artist of the Turtle Cow is Susan Schafer of Santa Margarita. This will provide Susan a local platform to showcase her talent as well. The sponsorship investment for the Cow totals $7,000. In an effort to make this happen, the City, the Atascadero Tourism Board Improvement District (ATBID) and Supervisor Debbie Arnold came together to sponsor the Cow. The funds for the Cow came from the approved Marketing Plans/ Budget from both the City and the ATBID. In return for this investment, Cow Parade SLO will have a n aggressive marketing campaign during this time with $300,000 across the CowParadeSLO.com website, brochures and maps, television commercials, print ads, direct mail, digital ads and social media mentions. This campaign will span from September 2016 through April 2017. The Cow will be auctioned off in May 2017 and the Friends of the Charles Paddock Zoo will be the charity to receive those dollars and any donations leading up to auction. We will welcome our Cow to the City on September 30th from 5:30 – 7:30 p.m. with a “CowTail Block Party” that will start with a ribbon cutting in Sunken Gardens and we will then walk to two other Cow locations at The Carlton and a third at Grape Encounters Empourium. The two additional cows are visiting Atascadero until they find a sponsor. The location of the two additional cows are strategically placed to give folks an opportunity to walk around and see our downtown area. 186 ITEM NUMBER: C-1 DATE: 09/13/16 o The “ShowDown” CornToss Tournament & Fun Day – October 22, 2016 Sunken Gardens from 10 am – 6 pm. This event is in partnership with the Knights of Columbus to bring the largest CornToss Tournament to the Central Coast. The tournament is made up of 128 Adult teams. It will also include Adult/ Child Teams and Children 12 & under teams. A Fun Day is planned with a variety of games and bounce houses along with food trucks and craft breweries. There will be something fun for everyone. o Other Event Ideas: Farm to Table event that in partnership with the Central Coast Olive Growers; Expanding the annual Holiday Lighting event in 2018; Working on a potential idea around a Downtown Street Faire 2017 that runs Memorial Day to Labor Day.  Special Events upcoming and in progress: o Festival Mosaic – expanding events for 2017 o Race Atascadero o Z-Car Show There will be an oral presentation given that reviews the above information and how well they have performed. The marketing plan provides the original plan with up dates highlighted in yellow. The updates also include where we are with budget. FISCAL IMPACT: None. ALTERNATIVES: 1. The City Council may provide staff direction on any desired adjustments to the current approved Marketing Plan. ATTACHMENTS: 1. June – August 2016 Marketing Updates 187 ITEM NUMBER: C-1 DATE: 09/13/16 ATTACHMENT: 1 City of Atascadero 2015-16 Draft Marketing Plan Update UPDATES Highlighted Capture June – August 2016 Executive Summary The City of Atascadero Marketing Plan is designed to promote the City’s assets and events that appeal to local and County residents as well as encourage visitors who are already here to stay, spend and enjoy. The Plan is designed with a focus on local businesses to attract and promote shopping local. Growth in retail and restaurant sales will help attract more business to the area, which would then foster economic growth. This Marketing Plan integrates and compliments the information from the Atascadero Tourism & Promotion Game Plan by the Coraggio Group and the Atascadero Tourism (ATBID) Marketing Plan by Verdin Marketing. The City’s assets are defined as the Downtown core with historic City Hall, Galaxy Theater, Charles Paddock Zoo, Faces of Freedom Veterans Memorial, Atascadero Lake Park, Pavilion on the Lake, A-Town Skate Park and Chalk Mountain Golf Course. Target Audience Visitors, Local residents, SLO County residents Geographic Markets  In Market: Local & County Residents  Outer Market: o Primary Market: Central Valley, Northern Santa Barbara County & Salinas/ Monterey County o Secondary Market: Reflects County tourism efforts to reach South Bay/ Bay Area & Ventura/ LA/ OC markets. Behavioral Target  Market to the local and County residents across all ages, families, active retirees, children  Follows Atascadero ATBID Marketing Plan “Personas” defined by Trip Advisor that present the most opportunity for travel in 2015 for Visitors coming from outside of our area: 188 ITEM NUMBER: C-1 DATE: 09/13/16 ATTACHMENT: 1 o Millenials with no children from 28-35 years old. o Families aged 25-54 with more than one school aged child. o Retirees and Baby Boomers over 55, either couples or social groups often “inter-generationally” traveling with extended family (but often paying for family members). o Childless couples from 30-54 years old. o “Bleisure” travelers who combine work travel with extra days with family or friends at a destination. o Key event travelers While most Destination Marketing Organizations (DMOs) want to target millennial travelers, research continues to show that 40-60 year olds still travel the most and have the most discretionary income. However, future travelers will come from the Millennial age groups and they still have strong preferences for their vacations:  36% of Millennials want a beach vacation this year  35% of Millenials want a “culture–oriented” trip  24% of Millenials want adventure-oriented trips  7 out of 10 Millenials report they have FOMO (Fear of Missing Out!) o Secondary Research – California Tourism Trends – California travel is at an all-time high due to road trips being more popular. (Please refer to the ATBID Marketing Plan)  Food & wine enthusiasts  Outdoor enthusiasts Unique Selling Proposition We have previously defined Atascadero in both the Coraggio Group Ten Year Vision and in the Verdin Marketing Creative Brief as follows: Atascadero is a beautiful and authentic city of outdoor recreation, culinary adventures, and welcoming hospitality. It’s a safe place where the arts and hi story thrive, and the diversity of experience, generosity of spirit, and small-town ambiance are here to be enjoyed by visitors and residents alike. – by City Council at 8/31/14 Strategic Planning Session with Coraggio Group Atascadero is California as it used to be. With classic roots, Atascadero is a traditional American town that offers authentic experiences with a blend of affordability and access to family friendly activities. – by Verdin Marketing 189 ITEM NUMBER: C-1 DATE: 09/13/16 ATTACHMENT: 1 In Summary, Atascadero’s Unique Selling Proposition (USP): Atascadero is a classic American, family friendly town offering something for the whole family to enjoy from community events to historic attractions, a Veteran’s memorial, A- Town Skate Park and the Charles Paddock Zoo. Atascadero is known for warm summer evenings where locals can enjoy coming together for picnicking, playing horseshoes, walking around the Lake, hiking, golfing, biking and horseback riding. Downtown Atascadero offers a growing craft brewery and specialty spirits scene, along with fabulous food from surrounding restaurants. Take a stroll through the beautiful Sunken Gardens which is home to the historic City Hall that is surrounded by angel fountains that complement the architectural era of the structure. Nearby your walk will take you to the newest movie theater in the County, the Galaxy Theater. Marketing Strategy Goals 1. Keep the City’s businesses and assets top-of-mind through an ongoing advertising plan that spans the year to local and County residents and visitors to our area. 2. Establish new events and grow existing events that appeal to local and County residents as well as attract visitors. 3. Continually measure the success of the Marketing Plan through website growth, Sales Tax, TOT revenues and increase of social media followers Objectives Objective #1: Establish a top-of-mind advertising campaign and a promotional plan that spans the year highlighting the City’s businesses and assets of things to do and see while in Atascadero that appeal to local and County residents, as well as visitors while they are in our market. Promotion Plan Annual and on-going promotion of the City of Atascadero Businesses & Assets. Assets are defined as: Charles Paddock Zoo, Chalk Mountain Golf Course, Faces of Freedom, City Hall, Downtown, Galaxy Theater, A-town Skate Park, Pavilion on the Lake, Atascadero Lake Park. Themed promotions would apply to some of the tactics to promote local businesses and shopping local. 190 ITEM NUMBER: C-1 DATE: 09/13/16 ATTACHMENT: 1 Promotion Tactics  Broadcast TV Combo with KSBY/ KCOY ~ tailored to promote Key Events and to stay top of mind in the County with City assets and promoting our local businesses. o KSBY: :30 commercial spots ongoing through summer for Charles Paddock Zoo and Downtown. Zoo & Downtown spots rotated 50/50 June & July and shared in rotation with Cruising Weekend spots in August. o Charter: Same schedule & spots as KSBY.  Outdoor Advertising - o Outdoor advertising captures people as they are outside the home and on–the-go in public places. It provides reach and exposure to travelers coming into our market to be top-of-mind with things to do as well as while they are in our market as a reminder to what we have to offer.  Billboards in feeder markets: King City/ Salinas Corridor and/ or Santa Maria Corridor & consider Transit billboards inside Hearst Castle Busses and SLO County airport that markets to tourism as well as local residents.  Billboard in place March 1-March 2017 in Lost Hills. Other prime billboard locations have not been available.  Update panels of six Atascadero billboards – keeps our City’s assets top-of- mind while travelers are in our market and to local/County residents as a reminder of things to do.  Three panels in place. Two remaining that will become available at the end of December. The sixth panel is in contract with Rossi Law firm.  Digital Media Focus on growing website traffic across VisitAtascadero.com and Atascadero.org reaching consumers living in San Luis Obispo County as well as looking to plan a trip to San Luis Obispo County. Integrates with the Atascadero ATBID Marketing Plan that includes digital and social media. o SEM & RETARGETING Contextual/Search/Site (4 months) ~  Zip Code Targeted: SLO County, Northern Santa Barbara County & South Monterey County; SEM to be used as asset (Zoo) and event targeted.  Annual Program in place for SEM & Retargeting.  Keywords can include City businesses and assets including the microbrew & specialty drinks scene plus coastal, culinary and historical to encourage visits to Atascadero so visitors stay and spend.  Annual Program in place with Keywords – adding to those as we add events (i.e. classic cars, car shows, etc.)  Reputation Management provides an email database from SEM that can be used for newsletters and marketing efforts. 191 ITEM NUMBER: C-1 DATE: 09/13/16 ATTACHMENT: 1  Annual tracking with our dashboard is up and tracking our success. o E-Marketing 100,000 emails (6 email drops)  Targets desired audience and geography depending on the event or promotion. For instance, if we only want Cal Poly for Brew at the Zoo, we can send out that promotion to specific zip codes. If we want to promote Buy Local, we can e-blast to defined recipient that is a local resident, between ages of 25-40 and likes to golf, etc.  Opted to put e-mail marketing on hold for marketing efforts around Tamale vendors for our Tamale Festival. o Sponsored Content – Specific opportunity to tell our story and showcase our businesses, the Zoo, City Hall, and the Downtown. Compliments retargeting efforts with content targeting.  Sponsored content on hold.  Social Media o Work on introducing Twitter, Foursquare & Google+ to City’s Social Media platform to assist in getting the word out. Twitter, Facebook & Instagram in place o Continually post with event information on City’s Facebook page.  Ongoing o Establish a Social Media Calendar.  Social Media calendar follows Visit Atascadero calendar for events and posting. Post for the Charles Paddock Zoo Facebook pages - ongoing. In addition, City Facebook posts are done for City Council meetings, restaurant openings and events vs. just event/ tourism related topics.  Print o Magazines – Focus on Assets with magazines that have solid reach and in-market focus like Access’s Quarterly Visitors Guide and work on sharing advertising expenses with ATBID on magazines that have multi-market distribution, like Vintages.  Vintages 2x per year - March 2016 & September 2016 – sharing September with ATBID.  Visitors Guide – quarterly in place for 2016 – split with ATBID o Newspapers – local & daily newspapers for reach and frequency of community events.  Ongoing advertising in Tribune, Atascadero News/ Paso Robles Press and New Times for events and event sponsorship plus across major media websites.  Giveaways – Permission to work with radio stations and other media to provide necessary giveaways to help promotion efforts (i.e., Radio remote includes 4 family packs of 4 tickets to the Zoo) – Buy One Get One Free given out at our booth at the Lake Fest event.  Right Angle Inc.: Uncorked and Quick Bites Grape Encounters Radio Show o Provides focused content to promote events across SLO County (92.5 The KRUSH Wine Radio), Santa Maria, Bakersfield and Fresno. 192 ITEM NUMBER: C-1 DATE: 09/13/16 ATTACHMENT: 1  Quick Bites radio show specific to promoting our events ha ve aired for Cruisin Weekend & Dancing in the Streets. o Provides exposure across 60 US markets  Ongoing generic Atascadero spots are currently airing through the summer highlighting Atascadero across all markets.  Promotional flyers and banners have been executed for all major events through the summer. Additional promotional material has been created for Cruising Weekend 16-page Guide and event signage has also been designed for Dancing in the Streets  Certified Brochure Distribution o Welcome Centers have a strong presence across the State and provide an excellent outlet to provide content in the form of personal travel advice and increase the length of stay and spend. Increased footprint to feeder markets that are traveling our direction. Expanded distribution includes Monterey Bay Welcome Center, San Jose Airport and Santa Barbara Airport added to existing SLO County area hotels and Pismo Beach, Oxnard and Merced Welcome Centers.  Visit Atascadero brochures in circulation throughout the Summer as described above (started early June 2016).  Zoo brochures distributed to all the SLO County hotels & Pismo Visitors Center (out since mid-February and ongoing). 193 ITEM NUMBER: C-1 DATE: 09/13/16 ATTACHMENT: 1 Objective #2: Special Event Sponsorship Program to assist our growth efforts to attract events to Atascadero.  Atascadero would be an option for current events, traveling shows, and as a location to expand existing events. Special Event examples:  Attract from other areas (i.e., Quilt Show)  Expand events held across the County to add our City (i.e., Festival Mosaic)  Attract traveling shows (i.e., Cheerleading competitions, Cactus show)  Implement Special Event Criteria.  Two upcoming events: Festival Mosaic (July) plus mention in their guide and on their website.  Establish consistent Sponsorship criteria where possible, especially with our media partners. (Approved and in place) Objective #3: Develop and implement Event portfolio to grow and expand existing events and establish new events based on market trends and interest. Following recaps how our events are classified:  Tier1: Large Signature Events (1-2 night stay)  Tier 2: Signature Event (overnight stay)  Tier 3: Single Day Event Event Plan Tier 1 Events: Large Signature Events (1-2 Night Hotel Stay) - Identify existing trademark events that have the potential and interest to expand to a longer weekend stay for visitors and that encourage local and County residents to participate. Work with ATBID on Event ideas. o Hot El Camino Cruise Nite & Car Show Weekend – introduce “Dancing in the Streets” to promote a grand event on Saturday night that people will stay to enjoy. Coordinate with Main Street Association and Mid State Cruizers Car Club.  NEW 2016: Dancing in the Streets to add onto Cruise Nite. o SAVOR Adventure Tour & Main Event – New and engaging event in store from the Bristol Cider Adventure Tour to an interactive booth at the Main Event to highlight local culinary offerings unique to our city - cider, microbreweries, lavender, local restaurants, etc.  Done in the Spring - Staff worked with ATBID to execute and promote local flair to the booth with beer, cider, caterers, restaurants bread, vinegar, olive oil, sausage all from the Local businesses in Atascadero. o Atascadero Lakeside Wine Festival – promoting the evening wine tasting event combined with Sunday “Fun-Day” activities at the individual wineries to encourage festival attendees to visit local wineries the day after the wine festival and extend their stay.  Working with the Chamber & Hotels to expand event in 2017; 2016 was a “Stroll through the Zoo” where you will have a unique 194 ITEM NUMBER: C-1 DATE: 09/13/16 ATTACHMENT: 1 experience with the Zoo educators and the animals they bring out! Tier 2 Events: Signature Events -Expand existing events and introduce new events to offer more activities that increases interest and participation both locally and across the County. o Colony Days – working with committee to add “Tent City After Dark” event which will highlight local brewery scene & add dancing to extend celebration of Colony Days.  Staff executed and assisted Tent City Committee on the Tent City After Dark addition in 2015. Committee building on its success in 2016. o Winter Wonderland – New for the City this year, this family event was created and established by our Main Street Assn., and we are working to continue an event enjoyed by families both locally and across the County with over 15,000 in attendance.  Executed new event in 2015 for the City and working on improving in 2017. o Holiday Lighting – grow from a lighting of the Sunken Gardens trees and expand it to a hospitality night type of event with merchants offering hot cider and sweets to encourage local residents to start your shopping early.  Work to minimally expand event in 2016 with the help of Cal Poly students; 2017 working to move date to day after Thanksgiving and include Christmas trees, reindeer and horse and buggy experience Tier 3 Events: Single Day Events - consider events that have an established trend in other markets and make sense to introduce to our market. Idea is to encourage growth to an overnight stay. o New Events:  “The ShowDown” CornToss Tournament & Fun Day – October 22nd, 2016  Tamale Festival – 3rd weekend in January, January 21st, 2017 – starting to work on 2017 Tamale vendors.  Brew at the Zoo Event – Spring 2017, April 29th o Food Truck Event –One day trial event in the fall with a plan to be weekly in the summer “Food Mania Mondays” or “Food Truck Fridays”  Dancing in the Streets was a success – adding it to Cruising Weekend for 2017. o Other Ideas - Ongoing:  Taste of Home – Cooking Evening, local eats, features local celebrity chefs.  Trading Day or Flea Market  Art in the Park Community “Locals Favorite” Events – Typically promoted through PR Tactics with press releases, mailings, flyer distribution and targeted print, radio and online advertising. Defined as follows: 195 ITEM NUMBER: C-1 DATE: 09/13/16 ATTACHMENT: 1 o Seasonal Events  Tuesday’s BBQ in the Park; Movies in the Gardens; Summer Concert series at the Atascadero Lake Bandstand mid June through August. o 2016-17 One-time Events:  CowParadeSLO – Welcome Party, September 30, 2016; Cow who wanted to be a Turtle on display through April 30, 2017, proceeds of the sale of the Cow and donations made during its display will benefit “Friends of the Charles Paddock Zoo” Event Tactics – In place  Work on ongoing Public Relations Plan per event.  Promote event with assistance of sponsorship revenue. Potential revenue not reflected in the event expenses.  Advertise in Traditional media (print, radio & TV) and digital based on the type of event (i.e., If Brew at the Zoo – Cal Poly’s Mustang Daily News and Radio promo with 92.5 the KRUSH Combo) Event expense includes advertising. Objective #4: Outreach to merchants, Atascadero Chamber of Commerce, Atascadero Main Street to work together on promotions that focus on shopping local.  Restaurant Promotions o Themed promotions - Restaurant Month, Greyhound Month, Health Month, etc.  January Restaurant Month – promoted along with ATBID & VisitSLOCounty in January via print ads and online digital ads via New Times & Tribune’s Ticket Entertainment section.  March – April – promoting Zoo and Zoo events; June – September – promoting Downtown and Zoo.  April – June – Menus publication promoting Downtown and things to do in Atascadero.  Focusing to promote CowParade with Cows Downtown that tie into events from Greyhounds to Colony Days, etc.  Local Retail ~ Shop Local Focus o Buy Local Promotions - Frequent Visitor Card, Passport Weekends, etc.  Business Focused Events – Designed to drive traffic to Atascadero o Event ideas: Food Truck event, Art in the Park, Date Night, Farmers Market (move to a different location ~ Atascadero Lake Park or Sunken Gardens), Taco Day on Traffic Way, etc.  Traffic Way businesses – working with committee of business owners to promote their events, i.e. – Taco Day on Traffic Way – November 12th 2-5 pm; Implementing light pole banners  Atascadero Alliance – working with committee to capture the events in our area that span through non-profits, business 196 ITEM NUMBER: C-1 DATE: 09/13/16 ATTACHMENT: 1 events, etc. Recent meeting talked about How to Write and effective Press Release – presenters were Sandra Duerr, The Tribune & Richard Gearhart, KSBY Objective #5: Establish measurement metrics for promotions, events and a combination of the two that gauge the success of our promotions.  Websites - Utilize information from our current website traffic on www.visitatascadero.com, www.atascadero.org and www.charlespaddockzoo.org as a benchmark to gauge success with our Marketing Plan to see growth in traffic with page views, unique visitors and bounce rate. o Established a dashboard and website metrics to gauge performance of marketing dollars.  Zoo - Utilize the Zoo’s zip code information to understand where people are visiting from and use attendance figures to gauge success with a consistent marketing effort to grow Zoo attendance. (i.e., in August, 3,400 visitors were in County and 2,000 were out of the area). In progress.  Transient Occupancy Tax (TOT) to gauge increase in hotel stays year over year. This will be off until Springhill Suites Marriott come upon its one year anniversary in June/ July. In progress.  Sales Tax to gauge increase across different business categories. Specific categories: Restaurants & Retail Categories contingent upon authorization to release. In progress.  Colony Park Community Center Increase in participation of sign ups to the variety of activities In progress.  Pavilion on the Lake – growth in weddings and events and website traffic. In progress.  Community feedback with the Chamber’s Business Walk, Main Street Association, Traffic Way Business Group Meetings. Increase in visitor activity with Chamber insight and travel brochure activity. In progress. 197 ITEM NUMBER: C-2 DATE: 09/13/16 Atascadero City Council Staff Report – Public Works Department Centennial Bridge and Plaza Project Update RECOMMENDATION: Council review staff report and attachments and provide any feedback or questions after staff presentation. REPORT IN BRIEF: The Downtown Pedestrian Bridge and Centennial Plaza Project was previously brought to a 60% design level in December, 2011. At that time, the project was shelved due to the loss of funding resulting from the dissolution of the Community Redevelopment Agency of Atascadero. However, proceeds from the 2010 City Lease Revenue Bonds exceeded the amount needed to complete the City Hall Rehabilitation Project, and the amount of $3,025,070 was allotted in the current budget to complete the Centennial Bridge and Plaza Project. Updated 60% design plans and cost estimates including the modifications were received in August and are being reviewed by staff. DISCUSSION: Background: The 2005 Downtown Revitalization Plan envisioned an Atascadero Creek pedestria n bridge and Creekside trail that would connect Downtown to Colony Square (following page). The bridge portion of the project reached 60% design completion in 2011, but was subsequently shelved in January 2012 with the dissolving of the Redevelopment Agency. With changes in Redevelopment close-out laws and the completion of the Historic City Hall Project, the Centennial Bridge and Plaza Project got new life with the transfer of $3,025,070 from the remaining 2010 Bond proceeds. 198 1»13 ITEM NUMBER: C-2 DATE: 09/13/16 During the design phase in 2011, staff created a Conceptual Plan for the north side of Atascadero Creek (see below) which included the addition of Centennial Plaza, a pathway connection from El Camino Real to Lewis Avenue an d reconstruction of the parking lot at the southwest corner of East Mall and Lewis Avenue. Due to constraints at the time, the parking lot reconstruction and pathway connection were not included in the final design scope. However, they were planned for a later date. When project funding became available again in 2015, City staff revisited the project and determined that doing the entire project (bridge, plaza, trail, and parking lot) at one time would be the most cost effective method of delivering the project. Based upon project cost estimates from 2011, it was concluded that current funding will allow for the inclusion of most of the design elements shown on the Centennial Plaza Concept Plan, with the addition of improvements at the southern bridge landing area adjacent to the old City Hall building. These improvements are consistent with the Downtown Revitalization Plan, and will provide the following features and public benefits: 199 ITEM NUMBER: C-2 DATE: 09/13/16  Better wayfinding to the bridge from the Colony Park parking lot;  Increased public safety and wider path by removing the two large raised planter areas and replacing with a paved plaza; and  Better aesthetics and project completeness by matching elements from the Centennial Plaza to the south plaza and opening the view with better line of sight. Project Status Update: Since the authorization by City Council in March to proceed with the project as schematically designed and complete revised design plans, staff has been working closely with the North Coast Engineering (NCE) design team. NCE completed additional survey and subsurface utility location, confirmed site layout, and in August submitted updated 60% design plans and estimates for City review. Attached to this report are selected sheets from the 60% Plan Set for reference. (Attachment 1) When the project was originally designed in 2011, significant effort was spent to minimize environmental and visual impa cts. Where possible, existing vegetation is to remain, and new improvements are designed to fit the topography and complement the creek setting. However, some tree removal will be required during construction of the project improvements. The original arborist report identified the removal of fifteen (15) trees at the proposed bridge crossing, including willow, cottonwood, walnut and oak 200 ITEM NUMBER: C-2 DATE: 09/13/16 trees. As part of the project, a habitat and mitigation plan has been prepared which includes replacement of native trees at the City’s approved ratio. Additional tree removals will be required as a result of the parking lot replacement. These removals are limited to the four (4) existing London Plane trees in the planter area. These trees are not native and do not require mitigation, and the new parking area will include new landscaping with drought-tolerant trees and shrubs. The City is fortunate to have this opportunity to improve downtown pedestrian circulation, increase access and visibility to the Historical Society Colony House, add valuable public spaces, and remove several vacant and unused structures. The reconstruction of the City Hall parking lot alone will add 42 additional parking spaces to the downtown area while improving the aesthetics and decreasing pollution into Atascadero Creek. The City has also had inquiries of the project status from developers in Colony Park and elsewhere nearby. Schedule: Project engineering design will be completed by January 2017, followed by bidding and award of a construction contract. The project remains on schedule to break ground in late-spring 2017, with an anticipated completion of fall 2017. At this time Public Works staff does not foresee any issues which will delay construction, although there are several environmental permits and protected animal species which do have the potential to impact construction timelines. FISCAL IMPACT: Current engineer estimates and project costs are tracking within current budget projections. The cost estimate will be refined with future project submittals. No fiscal impact with this update. If Council prefers to make significant revisions to the 60% preliminary plans, there could be some additional consultant fees to make those revisions. ATTACHMENTS: 1. Partial 60% Project Plans 201 ITEM NUMBER: C-2 DATE: 09/13/16 ATTACHMENT: 1 202 ITEM NUMBER: C-2 DATE: 09/13/16 ATTACHMENT: 1 203 ITEM NUMBER: C-2 DATE: 09/13/16 ATTACHMENT: 1 204 ITEM NUMBER: C-2 DATE: 09/13/16 ATTACHMENT: 1 205 ITEM NUMBER: C-3 DATE: 09/13/16 Atascadero City Council Staff Report – Public Works Department FY15/16 Measure F-14 Rehabilitation Project Construction Award RECOMMENDATIONS: Council: 1. Award the a contract to construct the FY15/16 Measure F-14 Rehabilitation Project (“Project”) to R. Burke Corporation for $1,594,187; and 2. Authorize the City Manager to execute a construction contract with R. Burke Corporation for $1,594,187; and 3. Authorize the City Manager to execute Change Order #1 to substitute the 3/8” Asphalt Rubber Chip Seal on Cascabel with a Type II Slurry Seal reducing the contract by $115,833.40; and 4. Authorize the Director of Administrative Services to appropriate an additional $408,400 from the Sales Tax Measure F-14 Projects Fund balance; and 5. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the Project. DISCUSSION: Background: Sales Tax Measure F-14 was approved by voters in November 2014, which provides revenue to repair and improve City roadways with a one-half cent sales tax over 12 years. Measure E-14 was also approved by voters, which advises Measure F-14 monies be used primarily on repair and maintenance of local roadways - defined generally as residential and collector roadways. Each fiscal year roadways are included in the Sales Tax Measure F-14 Budget, and are selected using the Critical Point Method within the City’s Pavement Management Program. 206 1»13 ITEM NUMBER: C-3 DATE: 09/13/16 The FY15/16 Measure F-14 Rehabilitation Project includes the following roadwa y segments totaling 2.43 miles: Road Name From To Area (sf) Current PCI Cascabel Road North End Santa Lucia Road 72,000 26 Los Gatos Road Santa Lucia Road San Marcos Road 53,403 22 San Andres Ave Santa Lucia Road San Marcos Road 38,500 50 San Clemente Ave Portola Road San Marcos East 45,675 30 Valle Ave Curbaril Ave Palomar Ave 24,300 40 Attachment 1 shows the locations and segments of roadway work. Project design was a two-step process intended to cost-effectively provide the best finished product and pavement life. In January 2016, Earth Systems Pacific completed full deflection and core testing, and prepared a report with pavement rehabilitation recommendations. City staff then issued an RFP for final design and preparation of Project Plans, Specifications and Estimates. Rick Engineering was awarded the design contract and worked closely with Earth Systems Pacific and City staff to prepare a final design which addresses the root cause of roadway degradation on each roadway segment, whereby providing a cost-effective, long-term solution. It should be noted that a one -size-fits-all approach to roadway rehabilitation would not best serve the goal of maximizing the life of the roadways at a re asonable cost. Many of the causes of the existing roadway degradation are due to subgrade failures, either as a result of poor drainage patterns or inadequate initial construction related to insufficient pavement section thicknesses or improperly compacted subgrade or base. While a simple asphalt overlay would improve ride quality in the short term, the fundamental structural inadequacies if left unfixed would soon cause the same failures to reappear. Subsequently, much of this project focuses on reconstructing portions of the roadway segments where the most significant issues were located, and as such is more labor intensive and costly per square foot of construction than an overlay. Analysis: The Project was advertised for a minimum of 30 days, starting July 22, 2016, with the bid opening on August 23, 2016. Three bids were received, ranging from $1,594,186.65 to $1,724,810.02. The low bid of $1,594,186.65 was submitted by R. Burke Corporation. All bids were reviewed for accuracy and compliance with the City of Atascadero bidding requirements, and it was determined that R. Burke Corporation was the lowest responsive bidder. All bids came in higher than expected, however, bid prices were reviewed by staff and found to be reasonable and acceptable. It is not entirely clear why the bids came in higher than expected, as the engineering estimates were based on recently constructed public projects. However, bidder interest in general has been low and unit prices higher than expected over the last 1 -2 years, likely as a result of the increase in private construction activity. Contractors have been busy, materials are in high demand, and 207 ITEM NUMBER: C-3 DATE: 09/13/16 available labor is difficult to find. Additionally, as noted in the Background Discussion, during detailed design of this project many of the roadway segments were determine d to have significant underlying drainage and substructure failures. These issues were not observable during the pavement assessment process, but were discovered during the coring and deflection testing. The work required to fix these failed sections is time and labor intensive, and increased the overall cost of construction. Staff was involved heavily in value engineering during the design process. Each roadway segment was analyzed to determine where underlying structural issues existed, and where the pavement degradation was confined to the surface courses and could be remedied with a maintenance treatment. As an example, appropriate improvements for Cascabel Road were discussed in length. The current PCI for the road segment is 26, which indicates a failed roadway structure and would typically necessitate a full roadway reconstruction. Given approximate square footage costs for roadway reconstruction, the expected cost to rebuild Cascabel Road would be near $1 million. However, this is for a non-through residential road serving 36 parcels. As such, City staff, Earth Systems and Rick Engineering worked together to pinpoint the worst areas, determine the causes of failure, (drainage issues, poorly compacted subgrade fill, insufficient structural section, etc.), and focus the major repairs at these locations. Using this approach, the construction bid is approximately half of a full reconstruction. It is the City’s practice to ensure that there is a 20% contingency built into budgeted project funds if problems are encountered in the field during construction or if actual quantities exceed projections. The project has many of the items bid by area rather than by weight or volume. Given that the area is well known and documented, this reduces the risk of change orders due to changes in quantities. Staff is comfortable reducing the contingency for the project to 15%. While it is not anticipated that problems will be encountered with the project, this would allow staff to address any issues that arise without stopping the project to return to Council for authorization to proceed. Upon review of received bids, staff identified the 3/8” Asphalt Rubber Chip Seal on Cascabel Road as an item which could be replaced with a lower cost alternative to offset the higher than expected construction costs. City staff has spoken with R. Burke Construction regarding this substitution and the Contractor is agreeable to this change, which the City intends to implement as a change order upon approval of the project. This revision will result in a decrease in total project cost of approximately $115,830. Staff checked the bid sheets and verified that implementation of this proposed change order would not have changed the order of the project bidders. With the higher than expected bids and the prudent contingency funds included, staff is recommending adding an additional $408,400 in Measure F-14 Funds to the Project budget. As always, all remaining unused budgeted funds (including unused contingency funds) at the end of the project remain as part of the fund balance and would be available for future Measure F-14 projects. Adequate fund balance exists in the Measure F-14 Fund to cover the recommended additional appropriation. During construction some inconvenience is expected to vehicular and pedestrian traffic along the roadway segments. The contractor will be required to prepare a traffic control 208 ITEM NUMBER: C-3 DATE: 09/13/16 plan, and City staff will work with the contractor to minimize travel delays and impediments to driveways. Property owners on each roadway segment will be notified of the construction schedule prior to work beginning. FISCAL IMPACT: The project is included in the adopted FY 2015-2017 budget and is funded with $1,536,850 in Measure F-14 Funding. An additional appropriation of $408,400 from the Sales Tax Measure F-14 Projects Fund balance is necessary to cover potential project shortfalls, but the fund contains adequate reserves to cover the shortfall. EXPENDITURES Design and Bid Phase $ 165,300 Construction Contract 1,594,190 Proposed Bid Item Replacement (Change Order No. 1) (115,830) Inspection / Testing / Construction Administration @ 5% 79,710 Contingency @ 15% 221,880 Total Estimated Expenditure: $ 1,945,250 BUDGET Budgeted Measure F-14 Project Funds $1,536,850 Additional Appropriation of Measure F-14 Project Funds 408,400 Total Funding: $1,945,250 ALTERNATIVES: Council may reject staff’s recommendation and direct staff to rebid the project with a later completion date in an effort to receive more favorable bid proposals. However, there is no guarantee of lower bids and doing so will push this project out into the spring of 2017. ATTACHMENTS: 1. Location Map 2. Bid Summary 209 2015-2016 F-14 PMP REHABILITATION EXHIBIT 1 STREET LOCATIONS DRAWN BY: DATE: SCALE: PAGE NO:1 1"=2000' 4/12/2016 RH OF 1 CASCABEL RD. LOS GATOS RD. SAN CLEMENTE AVE. SAN ANDRES AVE. VALLE AVE. HW Y . 1 0 1 HWY. 41ITEM NUMBER: C-3 DATE: 09/13/16 ATTACHMENT: 1 210 ITEM NUMBER: C-3 DATE: 09/13/16 ATTACHMENT: 2 211 City of Atascadero Office of the City Clerk Bid Summary TO: FROM: BID NO.: OPENED: Public Works .y Lara ChristenÿeSvÿslstant City Clerk 2016-003 (/ 8/23/2016 o/ Measure F-14 PMP 2015/2015 Rehab ProjectPROJECT: Bids were received and opened today,as follows Name of Bidder TOTAL BID Papich Construction $1,617,904.35 $1,724,810.02FerravantiPaving R.Burke Corporation $1,594,186.65