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CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, February 13, 2018
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Moreno
ROLL CALL: Mayor O’Malley
Mayor Pro Tem Fonzi
Council Member Bourbeau
Council Member Moreno
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 ti tles
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: None.
A. CONSENT CALENDAR: (All items on the consent calendar are considered to be
routine and non-controversial by City staff and will be approved by one motion if no
member of the Council or public wishes to comment or ask questions. If comment
or discussion is desired by anyone, the item will be removed from the consent
calendar and will be considered in the listed sequence with an opportunity for any
member of the public to address the Council concerning the item before action is
taken.)
City Council Regular Session: 6:00 P.M.
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1. City Council Draft Action Minutes – January 23, 2018
Recommendation: Council approve the City Council Draft Action Minutes of
the January 23, 2018, City Council meeting. [City Clerk]
2. December 2017 Investment Report
Fiscal Impact: None.
Recommendation: Council receive and file the City Treasurer’s report for
quarter ending December 2017. [Administrative Services]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation. Comments made during Community Forum will not be a
subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Any members of the public who have questions or need
information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00
p.m. at 470-3400, or cityclerk@atascadero.org.)
B. PUBLIC HEARINGS:
1. Title 9 Planning and Zoning Text Amendments - Downtown Office and
Residential (PLN 2015-1571 / ZCH 2015-0177)
Fiscal Impact: None.
Recommendation: Council Introduce for first reading, by title only, the Draft
Ordinance amending the Atascadero Municipal Code, Title 9 Zoning
Ordinance, Section 9-3.330 requiring a Conditional Use Permit for office uses
on the ground floor and prohibiting ground floor residential uses within the
Downtown Zoning District; Section 9-3.347 removing a 20 foot setback
requirement from West Mall; and Section 9-7.110 allowing an office use to be
re-established following involuntary destruction. [Community Development]
C. MANAGEMENT REPORTS: None.
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities. Council
Members may ask a question for clarification, make a referral to staff or take action to have
staff place a matter of business on a future agenda. The Council may take action on items
listed on the Agenda.)
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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. Integrated Waste Management Authority (IWMA)
6. Ad Hoc Animal Shelter Committee
Mayor Pro Tem 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. Atascadero Basin Ground Water Sustainability Agency (GSA)
6. Ad Hoc Animal Shelter Committee
Council Member Bourbeau
1. City of Atascadero Design Review Committee
2. Homeless Services Oversight Council
3. City of Atascadero Finance Committee
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member 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 Sturtevant
1. City / Schools Committee
2. League of California Cities – Council Liaison
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURN
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court,
that person may be limited to raising those issues addressed at the public hearing described in this notice, or
in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence
submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's
office.
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I, Amanda Muther, Deputy City Clerk of the City of Atascadero, declare under penalty of perjury that the foregoing agenda for the
February 13, 2018 Regular Session of the Atascadero City Council was posted on February 6, 2018, at the Atascadero City Hall,
6500 Palma Avenue, Atascadero, CA 93422 and was available for public review at that location.
Signed this 6th day of February 2018, at Atascadero, California.
Amanda Muther, Deputy City Clerk
City of Atascadero
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City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council
meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered
by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and
videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel
20 or 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 remarks concerning any
other individual, absent or present
This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will
be allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to
support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital
presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a
printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to
announce your presence and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give
their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is
open and will request anyone interested to address the Council regarding the matter being considered to step up to
the lectern. If you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative 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.
Page 5 of 43
ITEM NUMBER: A-1
DATE: 02/13/18
Atascadero City Council
January 23, 2018
Page 1 of 7
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, January 23, 2018
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
Mayor O’Malley announced at 5:01 p.m. that the Council is going into Closed Session.
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Public Employee Performance Evaluation (Govt. Code 54957)
Title: City Manager
4. CLOSED SESSION – ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
Public Financing Authority: Immediately following
conclusion of the City
Council Regular Session
Page 6 of 43
ITEM NUMBER: A-1
DATE: 02/13/18
Atascadero City Council
January 23, 2018
Page 2 of 7
6. CLOSED SESSION – REPORT
The Mayor reported that there was no reportable action.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor O’Malley called the meeting to order at 6:00 p.m. and Council Member Bourbeau
led the Pledge of Allegiance.
Mayor O’Malley requested a moment of silence in remembrance of sisters Brynn and
Brittni Frace who passed away last week.
ROLL CALL:
Present: Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem
Fonzi, and Mayor O’Malley
Absent: None
Also Present: City Treasurer Gere Sibbach
Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri
Rangel, Community Development Director Phil Dunsmore, Public
Works Director Nick DeBar, Police Chief Jerel Haley, Fire Chief
Casey Bryson, City Attorney Brian Pierik, Deputy City Manager/City
Clerk Lara Christensen, and Deputy City Manager Terrie Banish
Mayor O’Malley announced that Item B1 would be open for public comment but that the
applicant has requested changes to the project and there would be no report or
presentation of the item. He noted that should this item return to Council at a later date, it
would be re-noticed, as appropriate, prior to coming before Council.
APPROVAL OF AGENDA:
MOTION: By Council Member Sturtevant and seconded by Mayor Pro Tem
Fonzi to:
1. Approve this agenda; and,
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 5:0 by a roll-call vote.
Page 7 of 43
ITEM NUMBER: A-1
DATE: 02/13/18
Atascadero City Council
January 23, 2018
Page 3 of 7
PRESENTATIONS:
1. Employee Recognition
City Manager Rickard presented the following employees with Service Awards:
10 Years: Lynda Horejsi, Accounting Specialist
20 Years: Michele Schamber, Police Corporal/School Resource Officer
Mayor O’Malley presented the following employee with a Service Award:
10 Years: Brian Pierik, City Attorney
Mayor Pro Tem Fonzi presented the following employee with a Service Award:
15 Years: Tom O’Malley, Mayor/City Council Member
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – January 9, 2018
Recommendation: Council approve the City Council Draft Action Minutes of
the January 9, 2018, City Council meeting. [City Clerk]
2. December 2017 Accounts Payable and Payroll
Fiscal Impact: $2,539,574.04
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for December 2017. [Administrative Services]
MOTION: By Council Member Moreno and seconded by Council Member
Sturtevant to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Jay DeCou; Daniel Beck;
Alejandra Barreja, Courtney Basden (Exhibit A); and Kevin Campion
Mayor O’Malley closed the COMMUNITY FORUM period.
Page 8 of 43
ITEM NUMBER: A-1
DATE: 02/13/18
Atascadero City Council
January 23, 2018
Page 4 of 7
B. PUBLIC HEARINGS:
1. La Plaza Development Road Closure and Tentative Map
Fiscal Impact: The proposed actions will help facilitate the development and
success of the downtown core and the La Plaza Mixed -Use Project will
result in a positive economic impact for all business sectors within the
downtown. The removal of the right-of-way from City maintenance will
slightly reduce the inventory of road right-of-way which in turn will reduce
long term maintenance costs.
Recommendation: Council adopt Draft Resolution approving a tentative
subdivision map and establishing a road closure of Atascadero Mall and the
road abandonment of portions of Atascadero Mall and El Camino Real to
allow the development of a public plaza and facilitate the development of the
La Plaza Mixed-Use Project. [Community Development]
Mayor O’Malley reminded the public that due to changes proposed by the applicant, there
would not be a report or presentation on this item. He noted that the item will be
re-noticed prior to returning to the Council for discussion.
Mayor O’Malley opened the public hearing.
The following individuals spoke: None
Hearing no requests to speak, Mayor O’Malley closed the public hearing.
C. MANAGEMENT REPORTS:
1. Approval of Draft Conceptual Plans and Procurement for Playground
Replacements and Upgrades at Atascadero Lake Park
Fiscal Impact: Approval of this item will result in expenditures of
approximately $280,000 in Housing Related Parks (HRP) grant monies.
Recommendations: Council:
1. Approve draft conceptual plans for replacement of youth playground
structure, swing sets, and other upgrades including poured-in-place
rubberized surfacing at Atascadero Lake Park.
2. Authorize the City Manager to execute a contract for $280,013.05 with
Great Western Recreation to furnish and construct playground
replacements and upgrades at Atascadero Lake Park.
3. Authorize the Director of Public Works to file a Notice of Completion with
the County Recorder upon satisfactory completion of the project.
[Public Works]
Public Works Director DeBar gave the staff report and answered questions from the
Council. He also introduced Tyler Kyriopoulous, of Great Western Recreation who also
answered questions from the Council. Parks and Recreation Commissioner Newsom
also spoke.
Page 9 of 43
ITEM NUMBER: A-1
DATE: 02/13/18
Atascadero City Council
January 23, 2018
Page 5 of 7
PUBLIC COMMENT:
The following citizens spoke on this item: Susan Funk and Kevin Campion
Mayor O’Malley closed the Public Comment period.
MOTION: By Mayor Pro Tem Fonzi and seconded by Council Member
Moreno to:
1. Approve draft conceptual plans for replacement of youth
playground structure, swing sets, and other upgrades
including poured-in-place rubberized surfacing at Atascadero
Lake Park.
2. Authorize the City Manager to execute a contract for
$280,013.05 with Great Western Recreation to furnish and
construct playground replacements and upgrades at
Atascadero Lake Park.
3. Authorize the Director of Public Works to file a Notice of
Completion with the County Recorder upon satisfactory
completion of the project.
Motion passed 5:0 by a roll-call vote. (Contract No. 2018-001)
2. Fiscal Year 2016-2017 Audit
Fiscal Impact: None.
Recommendation: Council review and accept the financial audit for the
period ended June 30, 2017.[Administrative Services]
Administrative Services Director Rangel gave the staff report and answered questions
from the Council. She also introduced Travis Hole, of Moss Levy and Hartzheim who also
answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: None
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Moreno and seconded by Council Member
Bourbeau to review and accept the financial audit for the period
ended June 30, 2017.
Motion passed 5:0 by a roll-call vote.
3. City of Atascadero Marketing Update 2017-2018
Fiscal Impact: None.
Recommendations: Council receive and file Marketing Update 2017 -2018.
[City Manager]
Deputy City Manager Banish gave the staff report and answered questions from the
Council. She provided handouts to the Council (Exhibit B). Members of Verdin Marketing
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ITEM NUMBER: A-1
DATE: 02/13/18
Atascadero City Council
January 23, 2018
Page 6 of 7
also gave a report and answered questions from the Council. Big Red Marketing also
answered questions from the Council.
Mayor O’Malley recessed the meeting at 8:48 p.m.
Mayor O’Malley reconvened the meeting with all present at 8:57 p.m.
PUBLIC COMMENT:
The following citizens spoke on this item: None
Mayor O’Malley closed the Public Comment period.
MOTION: By Mayor O’Malley and seconded by Council Member Sturtevant
to receive and file the marketing plan update.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
The City Council Members made brief announcements.
Mayor O’Malley noted that he and Council Member Sturtevant attended the League of
California Cities New Mayors and Council Members Academy in Sacramento.
D. COMMITTEE REPORTS:
The following Council Members gave brief update reports on their committees since their
last Council meeting:
Mayor Pro Tem Fonzi
1. SLO Local Agency Formation Commission (LAFCo)
Council Member Bourbeau
1. City of Atascadero Design Review Committee
2. Homeless Services Oversight Council
Council Member Moreno
1. Economic Vitality Corporation, Board of Directors (EVC)
Council Member Sturtevant
1. League of California Cities – Council Liaison
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
Page 11 of 43
ITEM NUMBER: A-1
DATE: 02/13/18
Atascadero City Council
January 23, 2018
Page 7 of 7
F. ADJOURN TO MEETING OF THE PUBLIC FINANCING AUTHORITY
Mayor O’Malley adjourned the meeting to the Public Financing Authority meeting at
9:20 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
The following exhibits are available for review in the City Clerk’s office:
Exhibit A – Photos of Friday Nights Live Club activities
Exhibit B – Event calendars provided by Deputy City Manager Terrie Banish
APPROVED:
Page 12 of 43
ITEM NUMBER: A-2
DATE: 02/13/18
Page 13 of 43
December 2017
December 2017 Investment Report
RECOMMENDATION:
REPORT IN BRIEF:
Cash and Investments
Checking 3,485,705$
Zoo Credit Card Deposit Account 9,718
Money Market Accounts 40,688
Certificates of Deposit 12,196,853
Government Securities 13,346,956
Supranational Securities 489,170
LAIF 10,131,592
Cash with Fiscal Agents 2,282,418
Cash in Banks at December 31, 2017 41,983,100$
Outstanding Checks (387,371)
Cash and Investments at December 31, 2017 41,595,729$
Investment Activity
Securities Purchased:
Purchase Date Description Type Cost Maturity Date
09/14/17 Inter-American Development Bk
CUSIP #4581X0CZ9
Supranational
Security
489,170 09/14/22
Atascadero City Council
Council receive and file the City Treasurer's report for quarter ending December 2017.
Staff Report - City Treasurer
Page 1 of 13
AMENDED COPY
(Corrected Purchase Date)
ITEM NUMBER: A-2
DATE: 02/13/18
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ITEM NUMBER: B-1
DATE: 02/13/18
Atascadero City Council
Staff Report – Community Development
Title 9 Planning and Zoning Text Amendments
Downtown Office and Residential
PLN 2015-1571 / ZCH 2015-0177
RECOMMENDATION:
The Planning Commission recommends Council:
Introduce for first reading, by title only, the Draft Ordinance amending the Atascadero
Municipal Code, Title 9 Zoning Ordinance, Section 9-3.330 requiring a Conditional Use
Permit for office uses on the ground floor and prohibiting ground floor residential uses
within the Downtown Zoning District; Section 9 -3.347 removing a 20 foot setback
requirement from West Mall; and Section 9-7.110 allowing an office use to be
re-established following involuntary destruction.
DISCUSSION:
Background:
The City adopted the Downtown Revitalization Plan (DRP) in 2000 in order to outline
goals, objectives, and programs aimed at supporting the economic vitality and
redevelopment of the downtown area. The plan is designed to implement the City’s
General Plan with a goal of coordinating public and private investment to help realize
the vision of an enhanced and economically viable downtown. The DRP envisioned a
downtown with a land use pattern predominated by “multi-story mixed uses with retail
uses on the ground floor and residential and office above ”. The DRP suggests utilizing
incentives to encourage the relocation of medical office uses outside of the Downtown
Commercial Zoning District.
When the DRP was originally adopted in July of 2000, changes were implemented to
the Zoning Code to prohibit offices on the ground floor in the Downtown Commercial
Zoning District. Less than two years later, on April 23, 2002, the Atascadero Main Street
organization requested an amendment of the Downtown Commercial Zoning District to
accommodate offices and other non-retail uses interested in occupying ground floor
storefront locations as a way to address vacancies in the Downtown. At that time, the
Carlton Hotel was under construction, and many surrounding storefronts were vacant.
The City Council ultimately approved an amendment to the Zoning Code in June of
2003, allowing offices and health care services on the ground floor. Almost 15 years
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ITEM NUMBER: B-1
DATE: 02/13/18
later, the area around Sunken Gardens is predominantly surrounded by office uses and
a new medical office building is nearing completion, completing a “medical office plaza”
around the park.
Downtown Revitalization is one of the Council’s three stated priorities for 2017 -2019.
An action plan was developed to focus resources on revitalizing the downtown, bringing
the community vision for an active and vibrant downtown to life. With th e focus on and
plan for Downtown Revitalization, a number of public and private projects are the works
that will invigorate and strengthen the vision of Downtown as a social, economic, and
entertainment destination, such as the following:
Newly opened Centennial Bridge and Plaza linking Sunken Gardens and the
Downtown to Colony Square. This project includes a pedestrian bridge,
pedestrian plaza, trail running alongside the creek from Lewis Avenue to El
Camino Real and over 100 parking spaces across from City Hall.
New development proposal for Colony Square to include new retail, restaurant,
and a boutique hotel.
La Plaza mixed-use development with 40 residential units and multiple ground
floor commercial uses.
El Camino traffic calming and streetscape plan (consultant currently preparing
traffic analysis).
El Camino Corridor Study-Cal Trans Grant (RFP has been released).
Farmer’s Market, every Wednesday, in the Sunken Gardens.
New owner is purchasing and acquiring tenants for the former City Hall
(Creekside building).
The restoration of City Hall has resulted in new activity around the Sunken
Gardens.
New coffee shops, restaurants and breweries are being established in the
downtown area.
Seven storefronts along Traffic Way are under new ownership.
These efforts are helping to stimulate the visions that were adopted in the DRP.
However, the action plan recognized that there are currently no zoning provisions that
appropriately guide the location, parking needs, and development standards for n ew
office and health care uses that choose to locate on the ground floor within key
pedestrian locations. Additionally, residential uses are an allowed use on the ground
floor in the Downtown Commercial Zone, north of Olmeda Avenue. The strategic plan
adopted by the Council called for making specific changes to our downtown zoning
codes to encourage the adaptive re-use of non-conforming land uses. Now is the time
to look to the desired future of the Downtown, especially the area surrounding Sunken
Gardens and other key locations such as Entrada and Traffic Way. This will afford the
City an opportunity to take steps towards a gradual transition with more pedestrian-
oriented uses such as retail and restaurant, while encouraging residential and office
uses above the ground floor. A logical code revision would prioritize land uses that are
consistent with the General Plan and DRP, such as restaurants, retail, and
entertainment uses, while requiring new health care services, and similar office uses on
the ground floor to acquire a Conditional Use Permit and provide adequate parking.
Page 27 of 43
ITEM NUMBER: B-1
DATE: 02/13/18
Previous Review and Outreach:
On November 10, 2015, staff brought a proposal for a zoning code revision to the City
Council to determine if there was interest in pursuing a text amendment to the Zoning
Code regarding the Downtown Commercial Zone . There was Council consensus to
direct staff to explore the text amendment, thereby authorizing staff to begin the
process. On February 2, 2016, the item was brought before Planning Commission for
review and recommendation. At that time, staff’s recommendation was to prohibit new
medical and other offices in the Downtown. The Planning Commission referred the item
back to staff to look into alternatives and to do additional outreach to local businesses
and the community. Staff has included the following groups in targeted outreach efforts
since that time:
Chamber of Commerce
Atascadero Downtown Colony District
Canvassing of all Downtown businesses
Meeting with individual business owners and interested persons
Since that time, the City Council has also directed staff to look at whether residential
uses are appropriate on the ground floor north of Olmeda Avenue on properties such as
the Armory and Printery property. In order to normalize the allowance of land uses
within the Downtown and to promote the economic growth of the Downtown area, the
Planning Commission is recommending the deletion of an exception that allows
residential units on the ground floor North of Olmeda Avenue.
Lastly, as a clean-up item, the proposed amendment addresses a setback discrepancy
that was written into the code for East Mall but was also incorrectly applied to West
Mall. This discrepancy requires a 20-foot setback for West Mall when the right of way
already extends 20 feet beyond the back of the sidewalk.
Planning Commission Action:
At a hearing on January 16, 2018, the Planning Commission voted 6-0 to recommend
the City Council amend the Zoning Ordinance to shift office and health care uses on the
ground floor to a conditionally allowed use. The Commission’s recommendation
includes updates that would clarify the building setback on West Mall and remove the
zoning language that allows for ground floor residential on the Printery and Armory
properties north of Olmeda Avenue. Although Commissioner Zirk provided testimony on
the item, he abstained from voting on the action.
Based on comments from property owners around Sunken Gardens Park,
Commissioners asked that language be added to the draft ordinance to allow an
existing ground floor office to be reconstructed without having to obtain a Conditional
Use Permit should an existing office be destroyed by a disaster such as fire or flood.
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ITEM NUMBER: B-1
DATE: 02/13/18
Analysis:
Consistency with Adopted Plans:
The proposed Zone Text Amendment proposes to remove incentives and require
discretionary review, in the form of a Conditional Use Permit, for uses that may not
support the long-term vision of development within the City’s Downtown core, such as
ground floor offices and health care services.
Applicable General Plan Policies:
“To encourage pedestrian orientation, businesses are encouraged to occupy
small lots with sidewalk storefronts, and residences are allowed on upper
floors.”
“Develop a Master Plan for the Sunken Gardens and surrounding block to
establish the area as a vibrant dining, community gathering area and civic
destination.”
“Development within the Downtown will be consistent with the Downtown
Revitalization Plan...”
“Land Use type desired in the Downtown is multi-story mixed-use with retail
commercial uses occupying the ground floor with residential, office and visitor
accommodations above.”
Downtown Revitalization Plan Goals:
Economic vitality and redevelopment of the Downtown.
Multi-story mixed uses with retail uses on the ground floor and residential and
office uses above.
Develop incentives to “Transition … downtown medical offices” to more
appropriate locations.
Designed to support businesses and jobs in the Downtown - Office uses can
be great in the Downtown in appropriate locations!
Existing Zoning Standards:
The Zoning Ordinance currently allows the following uses on the ground floor
throughout the Downtown Commercial zoning district . These uses are also exempt from
parking requirements:
Offices
Health Care Services (doctors, dentists, etc.)
Business Support Services (copy, mail, etc.)
Restaurants, food services, bars, tasting rooms, micro-breweries, etc.
Personal Services (salon, barber, etc.)
Retail
Entertainment
Page 29 of 43
ITEM NUMBER: B-1
DATE: 02/13/18
What the code revision will do:
The revision would reclassify new office and health care uses on the ground floor in
specific locations in the Downtown Commercial Zone as “Conditionally Allowed
Uses” requiring a Planning Commission use permit and specific findings to be made .
The amendment would also remove the parking exemption from new office and health
care uses that locate on the ground floor.
The Conditional Use Permit process can achieve the following:
Help to guide appropriate land uses.
Require specific findings to be made to consider approval.
Require conditions such as appearance enhancements, window displays, etc.
Can be denied if findings cannot be met on a case by case basis.
Conditional Use Permit required:
The CUP would be required for ground floor uses on East Mall, West Mall, and Traffic
Way west of Palma and on El Camino Real north of Atascadero Creek , as illustrated on
the map below. All other locations in the Downtown Commercial zone would allow
ground floor office uses without a Conditional Use Permit. However, parking would still
be required for new or expanded office uses.
Use Permit Zone
Ground Floor
Office
Page 30 of 43
ITEM NUMBER: B-1
DATE: 02/13/18
New office and health care services on ground floor:
The following are proposed findings for new office and health care services located on
the ground floor in the area designated above:
1. The location and setting of the existing building is not ideal for pedestrian uses
such as restaurants, retail or related uses.
2. The existing building and site improvements are designed exclusively for office
uses and could not accommodate other uses.
3. The proposed new office use will be a signific ant contribution to economic
development by providing new jobs, pedestrian traffic, and active uses in the
Downtown.
4. The proposed new office will meet parking, accessibility, and property
development standards and will not result in new surface parking adj acent to
Atascadero Creek, East Mall or West Mall.
5. The proposed new office building will provide a storefront and other architectural
features that complement the pedestrian scale and retail environment desired
within the Downtown.
Existing office uses on ground floor:
Existing office uses on the ground floor would be allowed to remain and would not be
affected. Office and Health Care uses on the ground floor that do not provide on-site
parking would need to supply parking improvements in order to expa nd or relocate.
Existing office uses would not be required to obtain a Conditional Use Permit or supply
parking unless they decided to move to a new location within the applicable zone.
Under the Commission’s recommendation, offices that are involuntarily destroyed by
natural disaster should not be subject to obtaining a Conditional Use Permit. Staff has
included proposed text amendments to the non-conforming zoning language to include
this recommendation.
City’s existing policy on non-conforming uses:
In accordance with the Atascadero Municipal Code (AMC 9-7.103), non-conforming
uses are allowed to remain indefinitely but may not be expanded , reconstructed, or
significantly remodeled. New office uses can be established where a prior office use
existed unless the prior office use has been discontinued for 6-months or more.
West Mall Setback
The Municipal Code currently requires a 20-foot setback along West Mall. This setback
was meant to ensure that the parkway along West Mall would remain. However , upon
examination of the recorded property boundaries, the right -of-way for West Mall
includes the existing parkway area which is already 20 feet wide; therefore, a 20-foot
setback would result in buildings having to locate 40 -feet from the back of the sidewalk.
This has already been a Director’s policy for a number of years and this proposed
zoning code update will formally correct this issue.
Page 31 of 43
ITEM NUMBER: B-1
DATE: 02/13/18
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.
Conclusion:
The proposed text amendments are consistent with the General Plan and are part of an
annual effort to align the zoning regulations with City policy while ensuring the City has
an accurate and legible code. Each year, a series of zoning amendments will be
explored in order to keep the Zoning Ordinance a “living document” that can be
responsive to economic development and the latest changes to state and local policies.
The time is right to begin guiding appropriate land uses for the Downtown, while
keeping incentives in place for appropriate land uses. Although this initial zoning step is
only a slight adjustment, additional amendments could be examined in the future as the
City continues to monitor the progress of the Downtown.
FISCAL IMPACT:
None. Over time, the proposed zoning text amendments will encourage and strengthen
pedestrian-oriented uses within the downtown core. A shift to more active uses will add
to the synergy of the Downtown and will result in increased property values.
ALTERNATIVES:
1. The City Council may wish to incorporate zoning amendments that will result in
a more rapid transition of ground floor land uses in the Downtown. This could be
accomplished by adjusting required findings, requiring a Conditional Use Permit
upon change of ownership, or requiring alternative timing mechanisms. The
Council may also wish to remove a proposed adjustment to the non-conforming
regulations that would allow an office to be rebuilt on the ground f loor without a
Conditional Use Permit. Alternatively, the Council may wish to choose a slower
transition to the Downtown by allowing offices to remain beyond 6-months
vacancy, or by allowing new offices without parking.
2. The City Council may determine that more information is needed on some
proposed revisions and may refer the item back to staff to develop. The City
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 choose to postpone or deny action on some or all of the
proposed text amendments. The Council should specify the reasons for denial
of the project and recommend an associated finding with such action.
ATTACHMENTS:
1. Proposed Zoning Regulation Amendments with Tracked Changes
2. Draft Ordinance
Page 32 of 43
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
02/13/18
1
ATTACHMENT 1: Proposed Zoning Regulation Amendments with Tracked Changes
PLN 2015-1571 / ZCH 2015-0177
(AMC 9-3.330) Table 4.1
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
Services-Business, Financial & Professional
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 CUP 10 A A A
Health Care
Services
A A A CUP A CUP 10 A
Offices A A A A A A CUP 10 A
Temporary
Offices A A A 9-6.176
Notes: (These notes apply only to Table 3-2).
1 Residential uses allowed only on second and third floors, 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.
2 Multi-family dwellings permitted when located on the second floor or above, or within an existing residential
structure of historical significance.
3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a
conditional use permit (Section 9-2.110).
4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of ten
thousand (10,000) square feet or more require the approval of a conditional use permit (Section 9-2.110),
even if such a development is listed as an allowable use in a particular zoning district.
5 Handcrafted and artisan food production shall be ancillary to the retail component.
6 Mobile Food vending permitted if use is located outside of right -of-way and located on private property
7 When no overnight stays of animals are included.
8 No outdoor storage permitted.
9 Permitted when in association with conforming and legal non -conforming residences.
10 Allowed above ground floor. Conditional Use Permit required on ground floor on East Mall, West Mall,
and Traffic Way west of Palma and on El Camino Real north of Atascadero Creek subject to the
following findings:
1. The location and setting of the existing building is not ideal for pedestrian uses
such as restaurants, retail or related uses.
2. The existing building and site improvements are designed exclusively for office
uses and could not accommodate other uses.
3. The proposed new office use will be a significant contribution to economic
development by providing new jobs, pedestrian traf fic, and active uses in the
downtown
Page 33 of 43
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
02/13/18
1
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
4. The proposed new office will meet parking, accessibility, and property development
standards and will not result in new surface parking adjacent to Atascadero Creek,
East Mall or West Mall.
5. The proposed new office building will provide a storefront and other architectural
features that complement the pedestrian scale and retail environment desired within
the downtown.
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
9-3.347 DC/DO Zone.
The following are property development standards for both the DC and DO zoning districts,
in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this
title.
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 20 feet is
required.
As required by Section 9-
4.106 when adjacent to a
residential zone, none
required otherwise.
Sides (each) None required, except for East Mall between El Camino Real
and Palma Avenue, where a minimum of 20 feet is required.
Rear None required
Page 34 of 43
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
02/13/18
1
Creek To be determined through Design Review
Height limit 45 feet not to exceed 3 stories; 18
feet on the west side of El
Camino Real between Atascadero
Creek and the lot line common to
Lots 19 and 20, Block H-B,
Atascadero Colony Map.
35 feet
Landscaping As required by Section 9-4.124 et seq. (Landscaping, screening
and fencing)
Off-street parking None required, except as required
by Section 9-4.114 for hotels,
motels, residential uses, offices,
government offices and
facilities, and health care
services on the ground floor,
and for all development east of
Atascadero Creek.
As required by Sections 9-
4.114 et seq.
Signs See Chapter 9-15Section 9-15.005(b)
Density 20 dwelling units/acre maximum 20 dwelling units/acre
maximum
9-7.110 Destroyed structures and signs.
If a nonconforming structure, a structure that constitutes a nonconforming land use (Section 9-
7.106) or a nonconforming sign is destroyed or partially destroyed to the extent of seventy-five
(75) percent or more of the replacement cost of the total structure before destruction by fire,
explosion or act of God, the destroyed use, structure or sign may be replaced or reconstructed;
provided, the use, structure or sign and the land on which it was located are in conformity, or
are brought into conformity with all applicable requirements of this title. If a nonconforming use,
structure or sign is partially destroyed to less than seventy-five (75) percent of the replacement
cost of the total structure before destruction, it may be restored to its former nonconforming
status, with the exception of the following:
A. A ground floor health care or office use within the DC zoning district may be
reconstructed within the same building footprint providing that the same use, business
ownership and floor area of the business remain unchanged.
Page 35 of 43
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
02/13/18
2
ATTACHMENT 2: Draft Ordinance
PLN 2015-1571 / ZCH 2015-0177
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE, TITLE 9 ZONING ORDINANCE, SECTION 9-3.330
REQUIRING A CONDITIONAL USE PERMIT FOR OFFICE USES ON THE
GROUND FLOOR AND PROHIBITING GROUND FLOOR RESIDENTIAL
USES WITHIN THE DOWNTOWN ZONING DISTRICT; SECTION 9-3.347
REMOVING A 20 FOOT SETBACK REQUIREMENT FROM WEST MALL;
AND SECTION 9-7.110 ALLOWING AN OFFICE USE TO BE
RE-ESTABLISHED FOLLOWING INVOLUNTARY DESTRUCTION
(PLN 2015-1571 / ZCH 2015-0177)
WHEREAS, an application has been received from the City of Atascadero
(6500 Palma Ave., Atascadero, CA 93422), to consider Zone Change Text Amendments to
Title 9; 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 amend the Zoning Code Text to protect the health, safety and welfare of its citizens by
applying orderly development and expanding housing opportunities within the City; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone 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 zoning text amendments;
and
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held
on January 16, 2018, studied and considered Zone Text Change 2015-0177 to amend certain
zoning use and development standards within the Downtown Zoning District, and
WHEREAS, the Planning Commission of the City of Atascadero has recommended
approval of the proposed amendments to Title 9 of the Atascadero Municipal Code; 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
Page 36 of 43
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
02/13/18
2
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Text
Change application was held by the City Council of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
February 13, 2018, studied the Planning Commission’s recommendation and considered the
proposed zoning text amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Text Change. The City Council finds as
follows:
1. The Zoning Text Change is consistent with General Plan policies and all other
applicable ordinances and policies of the City.
2. This Amendment of the Zoning Ordinance will provide for the orderly and efficient
use of lands where such development standards are applicable.
3. The Text Change will not, in itself, result in significant environmental impacts.
SECTION 2. Environmental Review. A categorical exemption for the Zoning
Regulations amendments has been prepared and adopted as shown in Exhibit A on file in the City
Clerk’s Office and incorporated herein by reference.
SECTION 3. Introduction. The City Council of the City of Atascadero, in a regular
session assembled on February 13, 2018, resolved to introduce for first reading, by title only, an
Ordinance that would amend the City Zoning Code Text as shown in Exhibit B, attached hereto
and incorporated herein by this reference.
SECTION 4. Approval. Atascadero Municipal Code Title 9 Zoning Regulations is
amended as detailed in Exhibit B, attached hereto and incorporated herein by this reference.
SECTION 5. 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.
Page 37 of 43
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
02/13/18
2
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___day of
__________, 2018.
CITY OF ATASCADERO, CA
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 38 of 43
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
02/13/18
2
EXHIBIT A: CEQA Exemption
PLN 2015-1571 / ZCH 2015-0177
Title 9 Zoning Ordinance Text Amendments
Page 39 of 43
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
02/13/18
2
EXHIBIT B: Zone Text Change – Title 9 Zoning Ordinance
PLN 2015-1571 / ZCH 2015-0177
9-3.330 Nonresidential district allowable land uses
Table 4.1: Non-Residential Uses
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
Services-Business, Financial & Professional
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 CUP 10 A A A
Health Care
Services A A A CUP A CUP 10 A
Offices A A A A A A CUP 10 A
Temporary
Offices
A A A 9-6.176
Notes: (These notes apply only to Table 3-2).
1 Residential uses allowed only on second and third floors . If a project is required to 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.
2 Multi-family dwellings permitted when located on the second floor or above, or within an existing residential
structure of historical significance.
3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a
conditional use permit (Section 9-2.110).
4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of ten
thousand (10,000) square feet or more require the approval of a conditional use permit (Section 9-2.110),
even if such a development is listed as an allowable use in a particular zoning district.
5 Handcrafted and artisan food production shall be ancillary to the retail component.
6 Mobile Food vending permitted if use is located outside of right -of-way and located on private property
7 When no overnight stays of animals are included.
8 No outdoor storage permitted.
9 Permitted when in association with conforming and legal non -conforming residences.
10 Allowed above ground floor. Conditional Use Permit required on ground floor on East Mall, West Mall, and
Traffic Way west of Palma and on El Camino Real north of Atascadero Creek subject to the following findings:
1. The location and setting of the existing building is not ideal for pedestrian uses such as restaurants,
retail or related uses.
2. The existing building and site improvements are designed exclusively for office uses and could not
accommodate other uses.
3. The proposed new office use will be a significant contribution to economic development by providing
new jobs, pedestrian traffic, and active uses in the downtown
4. The proposed new office will meet parking, accessibility, and property development standards and will
not result in new parking along Atascadero Creek, East Mall or West Mall.
5. The proposed new office building will provide a storefront and other architectural features that
complement the pedestrian scale and retail environment desired within the downtown.
Page 40 of 43
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
02/13/18
2
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
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
Page 41 of 43
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
02/13/18
2
9-3.347 DC/DO Zone.
The following are property development standards for both the DC and DO zoning districts, in
addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title.
Development Feature
Requirement by Zoning District
DC DO
Downtown Commercial Downtown Office
Minimum lot size No minimum
Setbacks Minimum and maximum setbacks required. See Section 9-
4.103 for setback requirement, allowed projections into
setbacks, and exceptions to setbacks.
Front None allowed, except for
building insets designed to
accommodate outdoor eating and
seating areas, and except for East
Mall between El Camino Real
and Palma Avenue, where a
minimum of 20 feet is required.
As required by Section
9-4.106 when adjacent to
a residential zone, none
required otherwise.
Sides (each) None required, except for East Mall between El Camino Real
and Palma Avenue, where a minimum of 20 feet is required.
Rear None required
Creek To be determined through Design Review
Height limit 45 feet not to exceed 3 stories; 18
feet on the west side of El
Camino Real between
Atascadero Creek and the lot line
common to Lots 19 and 20,
Block H-B, Atascadero Colony
Map.
35 feet
Landscaping As required by Section 9-4.124 et seq. (Landscaping,
screening and fencing)
Off-street parking None required, except as
required by Section 9-4.114 for
hotels, motels, residential uses,
offices, government offices and
facilities, and health care
services, and for all development
east of Atascadero Creek.
As required by Sections
9-4.114 et seq.
Signs See Chapter 9-15
Density 20 dwelling units/acre maximum 20 dwelling units/acre
maximum
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Page 42 of 43
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
02/13/18
2
9-7.110 Destroyed structures and signs.
If a nonconforming structure, a structure that constitutes a nonconforming land use (Section 9-
7.106) or a nonconforming sign is destroyed or partially destroyed to the extent of seventy-five
(75) percent or more of the replacement cost of the total structure before destruction by fire,
explosion or act of God, the destroyed use, structure or sign may be replaced or reconstructed;
provided, the use, structure or sign and the land on which it was located are in conformity, or are
brought into conformity with all applicable requirements of this title. If a nonconforming use,
structure or sign is partially destroyed to less than seventy-five (75) percent of the replacement
cost of the total structure before destruction, it may be restored to its former nonconforming status,
with the exception of the following:
(a) A ground floor health care or office use within the DC zoning district may be reconstructed
within the same building footprint providing that the same use, business ownership and
floor area of the business remain unchanged.
Page 43 of 43