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CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, April 9, 2019
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 Funk
ROLL CALL: Mayor Moreno
Mayor Pro Tem Bourbeau
Council Member Fonzi
Council Member Funk
Council Member Newsom
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: 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.)
1. City Council Draft Action Minutes – March 26, 2019
Recommendation: Council approve the March 26, 2019 Draft City Council
Meeting Minutes. [City Clerk]
City Council Regular Session: 6:00 P.M.
Page 1 of 62
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation. Comments made during Community Forum will not be a
subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Any members of the public who have questions or need
information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and
5:00 p.m. at (805) 470-3400, or cityclerk@atascadero.org.)
B. PUBLIC HEARINGS:
1. Title 9 and Title 11 Planning and Zoning Text Amendments - Annual Code
Update (ZCH19-0023)
Ex-Parte Communications:
Fiscal Impact: Potential savings of staff time.
Recommendation: Council introduce for first reading, by title only, Draft
Ordinance amending the Atascadero Municipal Code, Title 9 Planning &
Zoning and Title 11 Subdivisions, Section 9-6.112 Farm Animal Raising,
Section 9-3.330 Nonresidential District Allowable Land Uses, Section 9-
6.174 Seasonal or Temporary or Seasonal Sales, Section 11-4.06 Noticing
of Planning Commission Hearing on Tentative Map, Section 9 -1.110 Public
Hearings, Section 9-3.340 through Section 9-3.345 and 9-3.348 through 9-
3.349 Property Development Standards, and Section 9-12.104 Required
Approvals, based on findings and determining that this Ordinance is exempt
from review under the California Environmental Quality Act.
[Community Development]
C. MANAGEMENT REPORTS:
1. Sunken Gardens Replanting Plan
Fiscal Impact: $20,000.00
Recommendation: Council approve Sunken Gardens Tree Replanting
Option No. 1 as outlined in the report and authorize staff to proceed with
replanting over the next two years and as needed as trees die.
[Community Development]
2. Weed Abatement
Fiscal Impact:
Recommendation: Council:
1. Adopt Draft Resolution A, amending certain fees in the Schedule of Fees
and Charges for City Services, specifically related to Weed abatement
administrative fees.
2. Adopt Draft Resolution B, declaring vegetative growth (noxious weeds)
and/or refuse a public nuisance, commencing proceedings for the
abatement of said nuisances, and placing all abatement fees on the San
Luis Obispo County Special Tax Assessment for the Fiscal Year 2019-
2020 Tax Roll. [Fire Department]
Page 2 of 62
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their
own activities. The following represent standing committees. Informative status
reports will be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Economic Vitality Corporation, Board of Directors (EVC)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Bourbeau
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member Fonzi
1. Air Pollution Control District
2. Atascadero Basin Ground Water Sustainability Agency (GSA)
3. City of Atascadero Design Review Committee
4. SLO Local Agency Formation Commission (LAFCo)
Council Member Funk
1. City of Atascadero Finance Committee
2. Homeless Services Oversight Council
3. League of California Cities – Council Liaison
Council Member Newsom
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City / Schools Committee
3. City of Atascadero Design Review Committee
4. Visit SLO CAL Advisory Committee
E. INDIVIDUAL DETERMINATION AND / OR ACTION: (Council Members may ask a
question for clarification, make a referral to staff or take action to have staff place a
matter of business on a future agenda. The Council may take action on items listed
on the Agenda.)
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
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.
Page 3 of 62
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 at
cityclerk@atascadero.org or (805) 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 s ubject, 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 4 of 62
ITEM NUMBER: A-1
DATE: 04/09/19
Atascadero City Council
March 26, 2019
Page 1 of 6
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, March 26, 2019
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
CITY COUNCIL CLOSED SESSION: 5:30 P.M.
Mayor Moreno called Closed Session to order at 5:30 p.m.
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to subdivision (b)(1)
of Government Code Section 54956.9 (One potential case)
4. CLOSED SESSION – RECESS – Until after the adjournment of
the Regular Council Meeting
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
Mayor Moreno reported that Council will return to Closed Session following the
adjournment of the Regular City Council Meeting.
City Council Closed Session: 5:30 P.M.
City Council Regular Session: 6:00 P.M.
Page 5 of 62
ITEM NUMBER: A-1
DATE: 04/09/19
Atascadero City Council
March 26, 2019
Page 2 of 6
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:04 p.m. and Council Member Newsom
led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Funk, Newsom, Mayor Pro Tem Bourbeau and
Mayor Moreno
Absent: Council Member Fonzi
Staff Present: City Manager Rachelle Rickard, Administrative Services Director
Jeri Rangel, Police Chief Jerel Haley, Community Development
Director Phil Dunsmore, Public Works Director Nick DeBar, Fire
Chief Casey Bryson, City Attorney Brian Pierik and Deputy City
Manager/City Clerk Lara Christensen.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Bourbeau and seconded by Council
Member Funk 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 4:0 by a roll-call vote. Fonzi absent.
PRESENTATIONS:
1. Proclamation Recognizing April 2, 2019 as Equal Pay Day
The Council presented a Proclamation to Liz Helgerson, president of the Atascadero
chapter of the American Association of University Women (AAUW), Inc.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – March 12, 2019
Recommendation: Council approve the March 12, 2019 Draft City Council
Meeting Minutes. [City Clerk]
2. February 2019 Accounts Payable and Payroll
Fiscal Impact: $1,963,225.86
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for February 2019. [Administrative Services]
Page 6 of 62
ITEM NUMBER: A-1
DATE: 04/09/19
Atascadero City Council
March 26, 2019
Page 3 of 6
3. Viejo Camino Pavement Rehabilitation Construction Award
Fiscal Impact: $247,703.00 in Local Transportation Funds.
Recommendations: Council:
1. Award a construction contract for $182,603 to Ferravanti Grading
and Paving for the Viejo Camino Pavement Rehabilitation Project
(Project No. C2017R04).
2. Authorize the City Manager to execute a contract for $182,603 with
Ferravanti Grading and Paving to construct the Viejo Camino
Pavement Rehabilitation Project.
3. Authorize the Director of Administrative Services to allocate an
additional $65,100 in Local Transportation Funds to the Viejo
Camino Pavement Rehabilitation Project.
4. Authorize the Director of Public Works to file a Notice of Completion
with the County Recorder upon satisfactory completion of the
project. [Public Works]
Deputy City Manager/City Clerk Christensen noted that a revision was being made to
Consent Calendar Item #A-1 due to a clerical error on the vote for Item #C-1. She
reported that the vote should reflect 4:0 not 4:1.
MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member
Newsom to approve the Consent Calendar as revised.
(#A-3: Contract No. 2019-002)
Motion passed 4:0 by a roll-call vote. Fonzi absent.
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
Mayor Moreno introduced Joe Guzzardi, SLO County Office of Emergency Services
Manager. He gave a brief introduction and update on the Office of Emergency
Services.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Mike Zappas, Katie Mervin
(Exhibit A), Heather Branton, Cinda Kane, Jim Shannon, Dennis Schmidt, Tade
Christensen and Sherri Cleveland.
Mayor Moreno closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS:
1. 2019 Community Development Block Grant Funding Recommendations
Ex-Parte Communications:
Page 7 of 62
ITEM NUMBER: A-1
DATE: 04/09/19
Atascadero City Council
March 26, 2019
Page 4 of 6
Fiscal Impact: The 2019 County CDBG allocation is estimated to be
$128,031 with an additional $52,929 repayment from Morro Bay for a total
of $180,960.
Recommendation: Council review and approve funding recommendations
for the 2019 Community Development Block Grant (CDBG) program as
detailed in the staff report and authorize staff to adjust final award
amounts proportionately upon receipt of the final funding amount. [Public
Works]
Public Works Director DeBar gave the presentation and answered questions from the
Council.
Ex Parte Communications
Council Member Newsom reported having no communications on this item.
Mayor Pro Tem Bourbeau reported speaking with representatives of ECHO as well as
representatives of the City of Paso Robles.
Mayor Moreno reported speaking with representatives of ECHO as well as
representatives of the City of Paso Robles.
Council Member Funk reported speaking with representatives of ECHO and volunteers
of a variety of homeless outreach services.
PUBLIC COMMENT:
The following citizens spoke on this item: Eric Gobler and Wendy Lewis
Mayor Moreno closed the Public Comment period.
MOTION: By Mayor Moreno and seconded by Mayor Pro Tem Bourbeau
to approve funding recommendations for the 2019 Community
Development Block Grant (CDBG) program as detailed in the
staff report and authorize staff to adjust final award amounts
proportionately upon receipt of the final funding amount.
Motion passed 4:0 by a roll-call vote. Fonzi absent.
C. MANAGEMENT REPORTS:
1. La Plaza Public Plaza Plans
Fiscal Impact: None.
Recommendation: Council provide direction on a preferred design
scenario for the public plaza, as part of the La Plaza development project,
to be located on the former Atascadero Mall right of way. [Community
Development]
Community Development Director Dunsmore gave the report and answered questions
from the Council.
Page 8 of 62
ITEM NUMBER: A-1
DATE: 04/09/19
Atascadero City Council
March 26, 2019
Page 5 of 6
PUBLIC COMMENT:
The following citizens spoke on this item: Mike Zappas
Mayor Moreno closed the Public Comment period.
MOTION: By Council Member Newsom and seconded by Council
Member Funk to designate design scenario two as the
preferred scenario for the public plaza, as part of the La Plaza
development project, to be located on the former Atascadero
Mall right-of-way.
Motion passed 4:0 by a roll-call vote. Fonzi absent.
2. Second Amendment To Solid Waste Collection Franchise Agreement
Fiscal Impact: If Overfilling and Contamination Fees are assessed
on customers, there will be an increase in the fees paid by AWA to the
City.
Recommendation: Council approve Amendment No. 2 to Agreement No.
2014-015 with Atascadero Waste Alternatives to allow for the collection of
fees for the contamination of recyclable materials containers as well as the
overfilling of trash containers. [City Manager]
Deputy City Manager Christensen gave the presentation and answered questions from
the Council. She noted that there was an amendment to Section 5.4.6 of the
Amendment, changing the word “premises” to “containers and/or enclosures”. Deputy
City Manager Christensen further noted that there was an error on the rate sheet (Exhibit
A to the amendment) reflecting old rates. The additional rates, other than the newly
proposed Contamination and Overage Fees, were updated on the rate sheet distributed
to the City Council and included in the public binder to reflect the current rates (Exhibit B).
PUBLIC COMMENT:
The following citizens spoke on this item: Jake White, Geoff Auslen and Heather
Branton
Mayor Moreno closed the Public Comment period.
MOTION: By Mayor Pro Tem Bourbeau and seconded by Council
Member Newsome to approve Amendment No. 2 to Agreement
No. 2014-015 with Atascadero Waste Alternatives to allow for
the collection of fees for the contamination of recyclable
materials containers as well as the overfilling of trash
containers with the following changes: adding language to
require AWA to notice prior to institution of the fee and
provide an initial warning to all customers before any fee is
implemented.
Motion passed 4:0 by a roll-call vote. Fonzi absent.
Page 9 of 62
ITEM NUMBER: A-1
DATE: 04/09/19
Atascadero City Council
March 26, 2019
Page 6 of 6
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members made brief announcements and gave brief update
reports on their committees since their last Council meeting:
Mayor Pro Tem Bourbeau
1. Integrated Waste Management Authority (IWMA)
Council Member Newsom
1. City of Atascadero Design Review Committee
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURN
Mayor Moreno adjourned the meeting at 9:08 p.m. to the previously recessed Closed
Session Meeting.
CLOSED SESSION:
Mayor Moreno reconvened Closed Session at 9:08 p.m. and adjourned at 9:55 p.m.;
there was no reportable action.
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 – Handouts for Month of the Child
Exhibit B – Updated Rate Sheet for AWA Rates, Effective May 1, 2019
APPROVED:
Page 10 of 62
ITEM NUMBER: B-1
DATE: 04/09/19
Atascadero City Council
Staff Report - Community Development Department
Title 9 and Title 11 Planning and Zoning Text Amendments
Annual Code Update
ZCH19-0023
RECOMMENDATION:
Planning Commission recommends Council:
Introduce for first reading, by title only, Draft Ordinance amending the Atascadero
Municipal Code, Title 9 Planning & Zoning and Title 11 Subdivisions, Section 9-6.112
farm animal raising, Section 9-3.330 nonresidential district allowable land uses, Section
9-6.174 seasonal or temporary or seasonal sales, Section 11-4.06 noticing of Planning
Commission hearing on tentative map, Section 9-1.110 public hearings, Section 9-3.340
through Section 9-3.345 and 9-3.348 through 9-3.349 property development standards,
and Section 9-12.104 required approvals, based on findings and determining that this
Ordinance is exempt from review under the California Environmental Quality Act.
DISCUSSION:
Background:
In August of 2016, the Planning Commission recommended the City Council adopt a
substantial update to the zoning regulations, which included changes to land use
definitions and “clean-up” of inconsistencies between the Atascadero Municipal Code
(AMC) and the General Plan. In September of 2016, the City Council approved these
amendments. At that time, staff noted that an annual update of the zoning regulations
may be essential to continue to keep the document responsive to the community while
continuing to refine consistency with the General Plan in addition to streamlining the
development review process. An annual update and refinement was completed in 2017.
However, due to limited staffing and heavy workload, the 2018 update is just now being
completed. This amendment aims to clarify a number of inconsistencies, gain closer
alignment with General Plan policies and clarify land uses such as storage uses and
fuel station uses within commercial zones.
Page 11 of 62
ITEM NUMBER: B-1
DATE: 04/09/19
Analysis:
The proposed text updates/clarifications are included below:
1. Animal Density Standards for Youth Projects
(Section 9-6.112 Farm animal raising)
The AMC currently allows, through approval of an Administrative Use Permit
(AUP), farm animal raising associated with youth projects to occur on lots that
are slightly smaller than the minimal site area normally required. This permit
process currently costs almost $1,000 and requires a public hearing. The City
recognizes that this process is too onerous for many youth and their familie s to
go through and deters compliance with the requirements.
The AUP process allows for one additional animal equivalency unit OR a slightly
smaller required parcel size for youth projects meeting the required criteria
outlined in the AMC. Where a one-acre minimum lot size is usually required, the
exception allows youth projects on a ¾ acre lot. The exception also allows for
one additional large animal on a lot one acre in size or greater.
The City understands that raising farm animals, even for the short period of time
required for most Youth Projects, can have negative impacts on the surrounding
neighbors. While the proposed text changes eliminate the need for an
Administrative Use Permit, the Youth Projects will still need to comply wi th the
standardized requirements currently included in the AMC Section 9-6.112. The
standardized requirements include:
Reduction of the minimum lot size by up to 25% OR one additional large
animal or equivalent number smaller animals
There must be a responsible adult supervisor for the project
All other standards of Section 9-6.112 Farm Animal Raising must be
adhered to which include setbacks to animal enclosures, maintenance,
and any special standards.
All animals on the site have to be owned by the residents of the property
There have been no prior complaints about the youth’s ability to meet the
standards of the section.
2. Mobile Food Vending
(9-3.330 Nonresidential district allowable land uses & 9-6.174 Seasonal or
temporary sales.)
The current zoning chart (AMC 9-3.330 Table 3-2, Attachment 2) restricts mobile
food vending to private property only; however, the public safety code allows
vendors to stop in the right-of-way for a period of fifteen minutes or less if hailed
by a patron. With the growth of the food truck industry and trends toward using
food trucks to supplement permanent businesses, staff is proposing code
changes to provide greater flexibility for the use of food trucks consistent with the
vehicle code and temporary event requirements. Food trucks that are more
permanent in nature will not be affected by the proposed code amendments and
Page 12 of 62
ITEM NUMBER: B-1
DATE: 04/09/19
will remain governed by any applicable building code and commercial
development requirements.
The proposed code amendment allows food trucks to stop in the right-of-way
consistent with vehicle code and be used in association with commercial
temporary events where parking in the right-of-way outside of the travel lanes is
requested. The proposed change most directly affects downtown businesses that
have limited on-site parking areas. The code amendments will allow food trucks
to park in on-street parking spaces with the approval of a temporary event permit
and encroachment permit.
Additional code modifications have been included to comply with new State law
related to sidewalk vending. In accordance with new State l aw, cities cannot
prohibit sidewalk vending as long as certain health and safety conditions are
adhered to. There are two sidewalk vendor criteria in the existing City code that
are in conflict with this new State law. The first requires sidewalk sales to be
conducted by the merchants of shops abutting the sidewalk . Per new State law,
any person compliant with State and local regulations is allowed to vend goods
from the sidewalk. Secondly, the existing code limits sidewalk or temporary sales
to no more frequently than one (1) two (2) day period in every ninety (90) days.
State law does not allow this level of restriction on sidewalk sales businesses.
These two criteria are proposed for deletion.
Staff is also proposing to change the permit language for sidewalk sales from
“encroachment permit” to “City permit”, which will allow the City flexibility in
defining the process as a policy and program are established in the future. The
proposed code text also eliminates restricting sales to commercial zones as this
is inconsistent with State law.
3. CPK Storage Uses / Commercial Retail - Vehicle Storage Use, Fueling Stations
(9-3.330 Nonresidential district allowable land uses.)
The 2016 and 2017 zone text amendments focused on ensuring that uses for
each zone remain consistent with the intent of the General Plan. The
Commercial Park and Commercial Retail zoning districts are the City’s most
visible properties and the most valuable in terms of commerce and reflection of
quality. These properties line El Camino Real and Highway 101 and give
Atascadero its character. Zoning amendments are needed to ensure that the
Commercial Park and Retail zones remain available for quality projects that
support the local economy while still reflecting the City’s unique character and
staying true to the General Plan.
Currently, the Zoning Ordinance allows industrial and storage uses to occupy the
areas along Highway 101. However, the zoning also requires that any land use
that includes 10,000 sf or more of outdoor storage automatically require a
conditional use permit. This discrepancy commonly creates misunderstandings
and results in land uses being established in locations not intended by the
Page 13 of 62
ITEM NUMBER: B-1
DATE: 04/09/19
General Plan. Instead, uses such as construction yards, vehicle storage,
contractor’s yards, and similar high intensity uses that involve little or no public
visitation, low employee counts, and high amounts of outdoor st orage should be
subject to conditional approval and are more suitable in Service Commercial and
Industrial zones.
The General Plan envisions the Commercial Park (CPK) zoning district for indoor
land uses that involve office parks, tech companies, small scale manufacturing,
and business park developments. The entirety of the zoning designation is
located at the north end of the City (north and south of Del Rio Road) between
El Camino Real and Highway 101. This district was not intended to be utilized for
outdoor storage or contractor’s yards.
The Commercial Retail (CR) zoning district dominates a majority of El Camino
Real and is envisioned to accommodate shopping and customer based service
uses that have a high degree of interaction with the public. There are a few uses
listed in the current use table that do not support this goal. Instead, such uses
are more appropriate in the Commercial Service, Industrial, or other zones,
preserving our valuable retail land for restaurants, retail, light services, and
mixed-use projects.
In order to preserve the intent of the General Plan, the following uses are
proposed to be modified:
Change building materials and hardware, contract construction services,
farm equipment and supplies, and horticultural specialties, from an
allowed use to a Conditional Use Permit (CUP) in the Commercial
zones. This will allow for use permit review for uses that have an outdoor
storage component, and will allow the incorporation of appropriate
property development standards to ensure quality appearance .
Add horticultural specialties as an allowed use in the Industrial and
Industrial Park zone where large outdoor operation s are appropriate.
Change service stations from an allowed to a conditionally allowed use
in the Commercial Tourist zone. Service stations generally have traffic
and aesthetic concerns that necessitate additional review to ensure
neighborhood compatibility.
Remove vehicle and equipment storage, fuel dealer uses from the CR
zone. These uses are appropriate in Commercial-Service and Industrial
zones.
Change fuel dealer to a conditional use permit in the CPK zone to allow
for additional review of outdoor storage spaces.
Change medical extended care services and assisted living
developments to conditional use permits to allow for review of
surrounding use compatibility.
Eliminate medical extended care services and assisted living
developments from the Commercial Service zoning districts for
consistency with the General Plan which calls for intensive retail or
Page 14 of 62
ITEM NUMBER: B-1
DATE: 04/09/19
service uses such as lumber yards, auto sales, wholesaling, equipment
repair, and other non-pedestrian oriented uses.
Eliminate medical extended care services and assisted living
developments from the Neighborhood Commercial zoning districts for
consistency with the General Plan which calls for small markets, salons,
and smaller scale personal services.
For all commercial zones, notes clarifying the requirement for conditional use
permit approval if outdoor storage is equal to or greater than 1000 -square feet
are proposed as follows:
Accessory Storage, general retail, fuel dealer, collection stations,
building materials and hardware, vehicle and equipment storage, winery
– production, printing & publishing, winery – boutique, wholesaling &
distribution center.
The City is also currently preparing a plan for the El Camino Corridor that will
look at appropriate uses and zoning designations for a majority of the properties
along El Camino Real. It is anticipated additional changes will be proposed in the
future Citywide General Plan update based on the recommendations of this plan.
This minor update is a first step in ensuring that uses listed for the retail district
achieve the goals and vision that are already described in the current General
Plan.
4. Lot Posting Requirements for Subdivisions
(11-4.06 Notice of Planning Commission hearing on tentative map.)
The AMC currently requires sites proposed for subdivision to be posted once the
map is deemed complete. An application for subdivision is deemed complete
once the City receives enough information to complete their analysis. Th e current
AMC posting requirement is an additional step in the process that is unnecessary
and not required by the Subdivision Map Act or other State law. The proposed
text amendment eliminates this additional lot posting requirement. Sites will
continue to be posted prior to any public hearing per state and local
requirements.
5. Neighborhood Notice Radii for Development Projects
(9-1.110 Public hearings.)
The California Environmental Quality Act and the Atascadero Municipal Code
require noticing to all owners within 300-feet of a proposed project boundary. The
AMC increases the noticing radius to 1,000-feet for subdivisions within the RS
zone due to the large lot sizes and need to extend notification beyond the
adjoining parcels. It has been the City’s practice to notice all projects within the
RS zone at the 1,000-foot radius, although it is only technically required for
subdivisions. The proposed update would codify the City’s policy and require
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1,000-foot noticing for all projects in the RS zone that require a public hearing,
allowing the City to recoup postage costs.
6. Minimum Lot Sizes in Commercial Zoning Districts
(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, 9-3.348 IP Zone, &
9-3.349 I Zone)
The Municipal Code currently does not establish minimum lot sizes in the
commercial zoning districts. This allows for flexible ownership configurations
within larger integrated commercial developments. However, the lack of a
minimum lot size is problematic when commercial subdivisions are used for the
purpose of separating a non-conforming use from a new development or when
subdivisions are proposed without a comprehensive development plan. Resulting
parcels can often be too small to accommodate reasonable uses as envisioned
by the General Plan and as listed in the Zoning Ordinance. This perpetuates
vacant, underutilized, or non-conforming lots to exist with no incentive or realistic
plan to develop. The proliferation of small lots along the City’s commercial
corridor is one of several factors that have reduced the economic potential of our
commercial corridor. Establishing logical minimum lot sizes for commercial
districts will help the City preserve commercial land for the uses that were
envisioned by the General Plan.
The proposed code text establishes a one-half (1/2) acre minimum lot size in the
Commercial Neighborhood, Commercial Professional, and Commercial Retail
zoning districts. The commercial retail zone generally sees uses that are indoor -
focused and have no or limited outdoor use areas. A one-half (1/2) acre minimum
lot size will allow maximum development flexibility while retaining appropriate
land area for parking and other required site improvements.
Staff is recommending a one (1) acre minimum lot size in the Commercial
Service and Commercial Tourist zoning districts. This will ensure tha t uses such
as auto repair and light manufacturing in the Commercial Service zone, and large
scale hotels and restaurants in the Commercial Tourist zone will have enough
site area to accommodate required ancillary improvements.
A two (2) acre minimum lot size is proposed for the Industrial and Industrial Park
zoning districts. Parcels in this zone are intended for larger scale uses that can
have a sizable outdoor component in addition to larger buildings that house
production based and storage uses. A two (2) acre minimum will allow parcels to
be marketable for their intended uses while remaining consistent with the intent
of the General Plan. A similar parcel size minimum for the industrial zones will
help preserve these important income producing parcels in the City to help
sustain our local economy and reduce the potential for these sites to be cut up
into small underutilized lots. Our Industrial zone currently includes several large
parcels that are around Traffic Way, Via Avenue and Sycamore along the Salinas
River.
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Within each zoning district, exceptions to the minimum lot size are included for
subdivisions that are part of a planned commercial or industrial center
development. In order to allow for smaller lot sizes in these districts for such a
planned commercial development, a finding must be made that smaller lot sizes
will not be detrimental to the purpose of the zoning district.
7. Condominium Maps
(9-12.104 Required approvals.)
Section 12 of Title 9 states that tentative and final maps are required for
processing of a condominium map. A tentative map is simply an exhibit that is
submitted to the planning department so that we may review the lot dimensions,
easements and other property issues prior to approval. The final map is the
actual recording mechanism that is recorded at the County recorder’s office.
However, the State’s Subdivision Map Act utilizes different language that
confuses our terminology. The Map Act only uses the term “final map” in relation
to a subdivision that involves five or more lots (otherwise known as a Tract Map),
while the Map Act uses the term Parcel Map to designate the recording
instrument used to finalize either a tract map or a small subdivisio n with less than
five lots.
With this inconsistency between the Subdivision Map Act and City code, even the
well trained planner and City engineer who is accustomed to the terminology
becomes perplexed. The proposed changes simply clarify that Parcel Maps are
included in the review and recordation process for condominium subdivisions as
applicable.
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.
FISCAL IMPACT
Since the proposed Zoning clarifications are intended to refine consistency with the
General Plan, there is a potential small savings of staff time. Some of the amendments
are intended to streamline processes, thereby reducing staff time and potentially
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reducing fiscal impact, while other amendments are intended to clarify zoning for public
use, with the intent of reducing staff interpretation time.
ALTERNATIVES
1. The Council may modify the text amendments to the Draft Ordinance.
2. The Council may determine that more information is needed on the proposed
revisions and may refer the item back to staff to develop 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 deny some or all of the proposed text amendments. The Council
should specify the reasons for denial and recommend an associated finding with
such action.
ATTACHMENTS:
1. Draft Ordinance
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ITEM NUMBER: B-1
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ATTACHMENT:
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1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE, TITLE 9 PLANNING & ZONING, SECTION 9-6.112
FARM ANIMAL RAISING, SECTION 9-3.330 NONRESIDENTIAL
DISTRICT ALLOWABLE LAND USES, SECTION 9-6.174 SEASONAL OR
TEMPORARY OR SEASONAL SALES, , SECTION 9-1.110 PUBLIC
HEARINGS, SECTION 9-3.340 THROUGH 9-3.345 AND 9-3.348 THROUGH
9-3.349 PROPERTY DEVELOPMENT STANDARDS, SECTION 9-12.104
AND TITLE 11 SUBDIVISIONS, SECTION 11-4.06 NOTICING OF
PLANNING COMMISSION HEARING ON TENTATIVE MAP REQUIRED
APPROVALS AND DETERMING THIS ORDINANCE IS EXEMPT FROM
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
(ZCH19-0023)
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 Planning and Zoning and Title 11 Subdivisions of the Atascadero Municipal Code,
(ZCH19-0023); and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact amendments to Title 9 Planning and Zoning and Title 11 Subdivisions of the
Atascadero Municipal Code for consistency with the General Plan and to maintain a clear and
legible set of Zoning Regulations that are easily interpreted by the public and staff; 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 March 19, 2019, studied and considered said amendments; and
WHEREAS, the Planning Commission of the City of Atascadero has recommended
approval of proposed amendments to Title 9 Planning and Zoning and Title 11 Subdivisions, of
the Atascadero Municipal Code as presented to them on March 19, 2019; and
WHEREAS, the laws and regulations relating to the preparation and public noticing 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 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
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1
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
April 9, 2019, studied the Planning Commission’s recommendations and considered the
proposed zoning text amendments.
NOW, THEREFORE BE IT RESOLVED THE CITY COUNCIL OF THE CITY
OF ATASCADERO HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular session
assembled on March 27, 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 3. Facts and Findings. The City Council makes the following findings,
determinations and approvals with respect to the Zone Text Amendment:
A. Findings for Approval of a Zone Text Change
FINDING: (i) The Planning and Zoning Text Change is consistent with General
Plan policies and all other applicable ordinances and policies of the City.
FACT: The proposed zone text amendments align the code requirements with the
vision, intent, and policies of the adopted General Plan.
FINDING: (ii) This Amendment of the Zoning Ordinance will provide for the
orderly and efficient use of lands where such development standards are
applicable.
FACT: The proposed text amendment provides for orderly development within
the Commercial zoning districts in accordance with the adopted General Plan and
will allow for the orderly use of residential land for the raising of farm animals
associated with youth projects.
FINDING: (iii) The Text Change will not, in itself, result in significant
environmental impacts.
FACT: The proposed text changes are minor and do not trigger any environmental
impacts.
SECTION 4. Approval. Atascadero Municipal Code Title 9 Planning & Zoning and Title 11
Subdivisions are amended as detailed in Exhibit B, attached hereto and incorporated herein by
this reference.
SECTION 5. CEQA. This Ordinance is exempt from the California Environmental Quality Act
(CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that
there is no possibility that the enactment of this Ordinance would have a significant effect on the
environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3).
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SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve the
purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this
Ordinance be interpreted or implemented by the City and others in a manner that facilitates the
purposes set forth in this Ordinance.
SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code or of
any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring before this
Ordinance’s effective date. Any such repealed part will remain in full force and effect for
sustaining action or prosecuting violations occurring before the effective date of this
Ordinance.
SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid
by a court of competent jurisdiction, any repeal or amendment of the Atascadero Municipal
Code or other City Ordinance by this Ordinance will be rendered void and cause such previous
Atascadero Municipal Code provision or other City Ordinance to remain in full force
and effect for all purposes.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed invalid by
a court of competent jurisdiction, the City Council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable.
SECTION 10. Certification. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following its
final passage and adoption.
INTRODUCED at a regular meeting of the City Council held on April 9, 2019, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero,
State of California, on ______.
CITY OF ATASCADERO
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
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APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
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9-6.112 Farm animal raising
(h) Modification of Certain Standards. The minimum site area and allowable animal density standards
set forth in this section may be adjusted through administrative use permit approval (refer to Section 9-
1.112) subject to compliance with the criteria set forth in this section, except that these standards may also
be modified through Conditional Use Permit approval (refer to Section 9-2.110) if these criteria cannot be
satisfied. The setback, maintenance and special requirements standards may not be modified by
administrative use permit or conditional use permit.
(1) Youth Projects. An adjustment not to exceed one (1) additional animal equivalency unit per acre or
an adjustment to reduce the minimum site area by no more than twenty-five (25) percent may be granted
for a youth project sponsored by a recognized organization, subject to the following criteria:
(i) The project is for a limited duration with a known termination date at which time the project
animal will be removed from the site and the site brought into conformance with all applicable standards;
and
(ii) There is an adult project supervisor who has reviewed and approved, in writing, the project and
who can take corrective action if necessary regarding the project; and
(iii) All other standards of the section including setbacks, maintenance and special standards
applicable to the project are and will be continuously satisfied; and
(iv) The site otherwise conforms to the standards set forth in the section; and
(v) All animals maintained on the site are owned by the residents of the premises; and
(vi) The youth involved in the project has demonstrated in prior adjustments, if applicable, the
responsibility to maintain the project in a satisfactory manner.
9-3.330 Nonresidential district allowable land uses.
Notes: (These notes apply only to Table 3-2).
6 Mobile food vending permitted if use is located outside of right-of-way and located on private property with owner’s
permission and City review of parking and access on-site. Mobile food trucks used as part of an event may be permitted in the
right-of-way with the issuance of an Event Permit.
9-6.174 Seasonal or temporary sales.
Seasonal sales include the retail sale of seasonal products such as produce and Christmas trees.
Temporary sales include retail trade activities of short duration which involve the sale of other products.
Both types of sales occur outdoors or in locations not otherwise designated by this title as being
appropriate for permanent retail trade facilities. Such activities are subject to the provisions of this
section.
(a) Licensing Requirement. Business license clearance is required for all seasonal or temporary
sales, except sidewalk sales when conducted by merchants with previously approved annual business
licenses; and
(b) Temporary Sales Generally. Temporary sales of items other than seasonal agricultural products
are allowed only in conjunction with temporary events (Section 9-6.177), except:
(1) The temporary sale of handcrafted items and artwork, produced by an authorized home
occupation are allowable as set forth in Section 9-6.105.
(2) Sidewalk or Temporary sales are allowed in commercial zones when:
(i) Conducted by the merchants of shops abutting the sidewalk; and
(ii) Authorized by an encroachment City permit (if using the public sidewalk or are a mobile
vendor in the right-of-way); and.
(iii) Such sales are conducted no more frequently than one (1) two (2) day period in every ninety
(90) days.
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1B
9-3.330 Nonresidential district allowable land uses.
Table 3-2 identifies the uses of land allowed by this Zoning Code in each nonresidential district, and
the planning permit required to establish each use, in compliance with Chapters 9-1 and 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 – Nonresidential Use Table
Allowed Land Uses and Permit Requirements
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
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 and
Supplies
A
CUP
A
CUP
A
CUP
A A
Farmers’ Market CUP CUP CUP CUP CUP A A
Horticultural
Specialties
A
CUP
A
CUP
A
CUP
A
CUP
A
CUP
A A 9-6.116
Large Scale Ag
Manufacturing
CUP CUP A 9-6.103
Residential Uses
Age Restricted
Housing
CUP
Caretaker’s
Residence/Employee
Unit
CUP CUP CUP
Live/Work Unit A1
Multifamily
Dwelling
CUP2 CUP2 CUP2 CUP2 A1 A1
Single-Family
Dwelling
A1 A1
Single-Room CUP 9-6.184
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1B
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Recreation, Education, and Public Assembly
Amusement
Services
A A A A A A
Churches and
Related Activities
CUP CUP 9-6.121
Indoor Recreation
Services
CUP CUP CUP A A CUP 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 and
Playgrounds
A A
Public Assembly
and Entertainment
CUP CUP A CUP CUP
Schools – Business
and Vocational
A A A A CUP CUP CUP CUP 9-6.125
Schools A A A CUP CUP 9-6.125
Social and Service
Organizations
A A A
Sports Assembly CUP CUP A
Temporary Events A/
CUP3
CUP A/
CUP3
A/
CUP3
A/
CUP3
A/
CUP3
A/
CUP3
A/
CUP3
A A 9-6.177
Tourism, Lodging, and 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 and Drinking
Places
A A A A A A A A A A
Hotels, Motels CUP A A A CUP
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1B
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Microbrewery –
Brewpub
A CUP A A A A A A A A
Recreational Vehicle
Parks
A 9-6.180
Tasting Room A CUP A A A A A A A A
Retail Trade and Sales4
Accessory Storage A4 A4 A4 A4 A4 A4 A4 9-6.103
Adult Oriented
Business
A A A A 9-16
Artisan Foods and
Products
A A A A5 A A
Auto Dealers (New
and Used) and
Supplies
CUP CUP CUP CUP CUP 9-6.163
Building Materials
and Hardware
A
CUP
A
CUP
A4 A
CUP
A4 A4 9-6.165
Fuel Dealer A A4 A
CUP
A4 A4 9-6.129
General Retail A4 A4 A4 A4 A4 A4 A4
General Retail
Greater than 50,000
sf
CUP CUP CUP CUP CUP CUP CUP
Mobile Eating and
Drinking Vendors6
A A A A A A A A
Retail Sales—
Restricted
A CUP CUP
Sales Lots CUP CUP CUP CUP 9-6.139
Service Stations CUP CUP CUP A
CUP
9-6.164
Temporary or
Seasonal Sales
A A A A A A A A A 9-6.174
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1B
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Services—Business, Financial and Professional
ATM A A A A A A A A A A
Financial Services
and Banks
A A A A A A CUP A
Government Offices
and Facilities
A A A A A A CUP9 A A A
Health Care Services A A A CUP A CUP9 A
Offices A A A A A A CUP9 A
Temporary Offices A A A 9-6.176
General Services
Animal Hospitals CUP7 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
Contract
Construction
Services
A A
CUP
A A
Day Care
Childcare Center A A A CUP 9-6.125
Large Family Day
Care
CUP8 CUP8 9-6.125
Small Family Day
Care
A8 A8 A8 A8 A8
Adult Day Care
Facility
A A A CUP
Kennels CUP A 9-6.111
Laundromat/Coin-
Operated Laundry
A
CUP
A
CUP
A
CUP
A CUP A
CUP
A
CUP
A A
Medical Extended
Care Services: 6
Residents or Less
A
CUP
A
CUP
A
CUP
A CUP A
CUP
A
CUP
9-6.134
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1B
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Medical Extended
Care Services: 7
Residents or More
A A
CUP
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 and
Publishing
CUP CUP A4 A4 A4
RCFE – Assisted
Living
A A
CUP
A 9-6.135
RCFE – Independent
Living/Senior
Apartments
CUP CUP CUP 9-6.135
RCFE – Retirement
Hotel
CUP CUP CUP 9-6.135
Residential Care: 6
Residents or Less
A1 A1 9-6.135
Vehicle and
Equipment Storage4
CUP CUP A4 A4 9-6.183
Industrial, Wholesale, Manufacturing Uses
Brewery –
Production
CUP CUP A A
Collection Stations A4 A4 A4 A4 A4 A4 A4 A4 9-6.130
Laundries and Dry
Cleaning Plants
A A A A
Medical Research CUP A A CUP A A
Manufacturing and
Processing - Low
Intensity
CUP CUP A A A A
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1B
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Manufacturing and
Processing – High
Intensity4
CUP CUP AUP AUP
Recycling and Scrap CUP CUP 9-6.131
Recycling Centers CUP CUP 9-6.132
Research and
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 and
Distribution Center4
AUP AUP A4 A4 A4 A4
Winery – Boutique A4 A4 A4 A4 A4 A4 A4
Winery – Production CUP CUP A4 A4
Transportation Communication and 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 and Freight
Terminals
CUP CUP CUP
Utility Infrastructure A A CUP A A A CUP CUP A A
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.
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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 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 Permitted when in association with conforming and legal nonconforming r esidences.
9 Allowed above ground floor. Conditional use permit required on ground floor on Palma, East Mall, West Mall Entrada,
Traffic Way and on El Camino Real north of Atascadero Creek as designated in Figure 3-1, subject to all of the following
findings:
a. The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related use s.
b. The existing building and site improvements are designed exclusively for office uses and could not accommodate oth er
uses.
c. 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.
d. The proposed new office will meet parking, accessibility, and property develop ment standards and will not result in new
parking along Atascadero Creek, East Mall or West Mall.
e. 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.
11-4.06 Notice of planning commission hearing on tentative map.
The Planning Commission shall hold a public hearing on the tentative map, and notice thereof shall be
given as provided in Section 66451.3 of the Map Act, except those subdivisions proposed within an area
zoned Residential Suburban (RS), where all owners of real property within a one thousand (1,000) foot
radius of the subject property shall receive notice as provided herein. Any interested person may appear at
such hearing and shall be heard.
Each street frontage of property to be subdivided shall be clearly posted by the applicant with a “Notice
of Intent to Subdivide” provided by the Community Development Department at the time that a complete
application for subdivision is filed
9-1.110 Public hearings.
When a public hearing before the Planning Commission or the City Council is required by this title,
such hearing shall be conducted as follows:
(a) Notice of Hearing. Notice of a public hearing shall include the time and place of the hearing, a
general description of the request, the location of the site, and any additional information which the
Planning Director deems appropriate. Such notice shall be given at least ten (10) days before the hearing
by first class mail with postage prepaid to all persons whose names and addresses appear on the last
equalized assessment rolil as owning property within three hundred (300) feet from the exterior
boundaries of the parcel which is the subject of the hearing, except for projects in the RS zoning district
which shall require that notices be sent to all such properties within a one thousand feet (1000) from the
exterior boundaries of the project site. Such notice shall also be published at least once at least ten (10)
days before the hearing in a newspaper of general circulation, published and circulated in the City, or if
there is none, it shall be posted in at least three (3) public places in the City.
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 Sections 9-3.461 through 9-3.450 9-3.341
Page 31 of 62
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
04/09/19
1B
through 9-3.444, in addition to applicable standards (e.g., landscaping, parking, fencing, etc.) in Chapter
9-4, and Special Land Use Regulation in Chapter 9-6 of this title. (Ord. 602 § 2, 2016)
9-3.341 CN Zone.
The following are property development standards for the CN in addition to those found in Chapters
9-4, 9-6, and other special use regulations found in this title:
(a) Lot Size. There shall be no minimum lot size in the Commercial Neighborhood Zone. The
minimum lot size in the Commercial Neighborhood Zone shall be one half (1/2) 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 Neighborhood Zone.
(b) Multifamily Dwellings. Multifamily dwellings are permitted with a minor conditional use
permit when located on the second floor or above.
9-3.342 CP Zone.
The following are property development standards for the CP in addition to those found in Chapters
9-4, 9-6, and other special use regulations found in this title:
(a) Lot Size. There shall be no minimum lot size in the Commercial Professional Zone. The
minimum lot size in the Commercial Professional Zone shall be one half (1/2) acre. 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 Professional Zone.
9-3.343 CR Zone.
The following are property development standards for the CR in addition to those found in Chapters
9-4, 9-6, and other special use regulations found in this title:
(a) Lot Size. There shall be no minimum lot size in the Commercial Retail Zone. The minimum lot
size in the Commercial Retail Zone shall be one half (1/2) acre. 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 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 Chapters
9-4, 9-6, and other special use regulations found in this title:
(a) Lot Size. There shall be no minimum lot size in the Commercial Service Zone. The minimum
lot size in the Commercial Service Zone shall be one (1) acre. Smaller lot sizes may be allowed for
planned commercial and industrial developments, including condominiums, where the Planning
Page 32 of 62
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
04/09/19
1B
Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the
Commercial Service Zone.
9-3.345 CT Zone.
The following are property development standards for the CT in addition to those found in Chapters
9-4, 9-6, and other special use regulations found in this title:
(a) Lot Size. There shall be no minimum lot size in the Commercial Tourist Zone. The minimum
lot size in the Commercial Tourist Zone shall be one (1) acre. 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 Tourist Zone.
9-3.348 IP Zone.
The following are property development standards for the IP zoning district, in addition to those
found in Chapters 9-4, 9-6, and other special use regulations found in this title.
(a) Lot Size. There shall be no minimum lot size in the Industrial Park Zone. The minimum lot size
in the Industrial 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 Industrial
Park Zone.
9-3.349 I Zone.
The following are property development standards for the I zoning district, in addition to those found
in Chapters 9-4, 9-6, and other special use regulations found in this title.
(a) Lot Size. There shall be no minimum lot size in the Industrial Zone. The minimum lot size in
the Industrial 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 Industrial Zone.
9-12.104 Required approvals.
No condominium project or condominium conversion shall be permitted unless a conditional use
permit is approved pursuant to the provisions of this chapter and Section 9-2.110 of this Code.
Condominium projects and condominium conversions shall also require a Tentative Map or Vesting
Tentative Map tentative and final a Final Map or Parcel Map map pursuant to Title 11 of this Code,
and shall be subject to all applicable provisions of the Subdivision Map Act, Title 11 of this Code, and all
other applicable state and local laws and ordinances. Provisions for notice, hearing, and appeal shall be as
specified in Title 9 and Title 11 of this Code for conditional use permits and tentative maps, respectively,
except as modified by the provisions of this chapter. (Ord. 523 § 2, 2007)
Page 33 of 62
ITEM NUMBER: C-1
DATE: 04/09/19
Atascadero City Council
Director’s Report – Community Development Department
Sunken Gardens Replanting Plan
RECOMMENDATION:
Council approve Sunken Gardens Tree Replanting Option No. 1 as outlined in the
report and authorize staff to proceed with replanting over the next two years and as
needed as trees die.
DISCUSSION:
Background:
The deodar cedars and the magnolias in the Sunken Gardens were planted in the early
1920’s along with a large variety of other evergreen trees and shrubs. Mo st of the
original landscape has reached its maximum lifespan and has been removed in various
phases of the park’s history. Now, the remaining original trees are nearing the end of
their lifespan and it is a good time to proceed with a gradual reforestation of the park.
Reforestation now will ensure that the park continues to be one of the City’s primary
activity nodes, maintaining ample outdoor activity space all while embracing our history.
On January 22, 2019, the City Council approved the removal of the large southern
magnolia at the corner of East Mall and Palma Avenue and provided initial direction on
the replanting of new trees in the park. Following discussion with several local arborists,
staff has created a reforestation plan for the park for City Council’s consideration.
Analysis:
Several factors were taken into consideration to help guide the City towards replanting,
including the following:
Historic symmetry of the park and setting of City Hall
Viability and life expectancy of existing trees
Potential varieties of trees for ease of maintenance, shade coverage, durability
and rate of growth
Spacing of trees to allow for adequate growth and preservation of adequate
recreation space
Arborist recommendations
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ITEM NUMBER: C-1
DATE: 04/09/19
Historic Symmetry and Views
The Sunken Gardens and the adjacent City Administration Building are historic features
of the City and are listed on the National Historic Register. The deodar cedars and
magnolias were planted in the Sunken Gardens in the early 1900’s as part of the
Colony’s civic center. The four oak trees in the park (coast live oaks) were installed a
few years prior to the newer path and lighting improvements that were implemented in
2005. During that time other species, such as the Cypress surrounding the fountain,
were removed to maintain the view of City Hall from El Camino Real.
New tree plantings should be made with consideration given to the historic significance
of the park design. The existing tree plantings at the Sunken Gardens frame the view to
City Hall and the interior space in the park. Future plantings should continue this
alignment, while creating ample shade and preserving recreation space.
Viability of Existing Trees
The deodar cedar is a tree species native
to the western Himalayas in the mountains
of Eastern Afghanistan and northern
Pakistan where it commonly exceeds 100
feet in height. In its native habitat, it grows
within a dense forest and is known to live
for 100’s of years. Cedars in general are
known for their longevity, primarily due to
their natural ability to resist rot and insects.
However, in an urban environment, outside
of their natural range, other factors can
shorten their lifespan. These trees were
commonly used throughout California in
formal landscape plans around the turn of
the century due to their steady growth rate,
disease resistance and durability. Based on
discussion with several local arborists, these
trees don’t often exceed 120 years of age within an urban environment. Therefore,
although the existing cedars appear to be in good health, they may be within 20 years of
their maximum lifespan in this location.
The southern magnolia is another tree variety that has been within the park for at least a
couple of generations. Also a common landscape tree in early California history, it is
native to Central Florida, where it lives within the humid subtropical forests in the gulf
and south Atlantic Coastal Plain. In its native habitat it grows to a similar height and size
of the tree that we have at the corner of West Mall and Palma Avenue. However, its
natural lifespan is only between 80 and 120 years and its rate of growth is slow.
Although it likes a moist conditions, this tree also is prone to fungi and can’t tolerate soil
saturation.
Existing and former deodar cedar, 2017
Page 35 of 62
ITEM NUMBER: C-1
DATE: 04/09/19
Potential Varieties of Trees for Succession
Based on replanting criteria for
the park, staff has evaluated
several tree varieties, both native
and non-native that could be
utilized to re-establish the park.
Atascadero’s large native trees
include: the coast live oak (the
evergreen oak tree that currently
lines East Mall and West Mall);
the sycamore (deciduous); the
large valley oak (deciduous); and
the blue oak (deciduous). Out of
the large native trees, the coast
live oak would likely perform the
best in the park, as evidenced by
the longevity of the trees within
and around the park that were
planted shortly after the establishment of the Colony. The other native trees, due to their
deciduous nature, may not be the best suited to replace the tree pattern in the park,
which is comprised solely of evergreen trees.
One identified downside to the coast live oak is that it does tend to shed its small leaves
year-round, and in the fall, drops acorns. Their fast growth rate, hardiness, and
attractive canopy, however, are well suited to the park and it is a predominant native
tree accustomed to the Atascadero climate. However, the shape and size of the oak
tree does not produce the same vertical columnar element that could help frame City
hall and complement the historic formal nature of the park.
Given the formal design and historic setting of the park, non-native trees are also a
good replanting option. Columnar shaped trees might be better suited to line the edge of
the park in order to help frame City Hall and to preserve the historic symmetry. Out of
several columnar shaped pine trees evaluated, the deodar cedar is perhaps one of the
hardiest and most likely to withstand drought and severe wind conditions. It has proven
itself in the park over the past 100 years, and has not resulted in significant lim b failure
nor significant disease. The growth rate of the deodar cedar when young, can exceed
24 inches or more annually, potentially reaching a good size within 10 -15 years, given
the right conditions. Furthermore, the trees are somewhat “well behaved” in that they do
not drop significant leaf litter or seeds. Their columnar shape and formal appearance
have framed the park and created the visual setting for City Hall. It makes sense to
continue the historic variety and replant cedars that will eventually replace the existing
cedars.
Typical mature coast live oak
Page 36 of 62
ITEM NUMBER: C-1
DATE: 04/09/19
Another viable option is the coast redwood. The
coast redwood is native to the California Coastal
Range just north of us. It grows fast, is very
disease resistant and does well in a heavier soil
with groundwater similar to Sunken Gardens
Park. The other benefit of the redwood is that
they are narrower than the cedar and can be
planted closer to other trees, allowing for more
trees to be planted sooner. Redwood trees could
be planted to maintain the columnar framing of
City Hall, while producing some shade and
succession.
Magnolia Replacement
Due to the high groundwater table in the park, it is possible that the saturation below the
soil led to the eventual death of the magnolia at the corner of East Mall and Palma
Avenue. Two local arborists were consulted and
neither arborist recommended replanting a
southern magnolia as a replacement to the
diseased tree at the corner of Palma and East
Mall. The southern magnolia tree is a very slow
growing ornamental tree native to the southern
US coast and well drained soils. As opposed to
the humid South, the Sunken Gardens has hot
dry weather and relatively saturated soils. While
a southern magnolia can survive in the
Atascadero environment, it is likely that it will
grow very slowly, be prone to disease and
generally fail to thrive. Other trees, such as our
native coast live oak perform better long term
and grow much faster, creating a similar
evergreen canopy within a much shorter time frame. A specimen size (12-15 foot tall)
coast live oak tree replanted in the same location as the magnolias is a good option and
will maintain the historic park shape and setting.
Planning for the Future
The replacement of the magnolia tree with a coast live oak and the replanting of a the
removed deodar cedar are recommended to address the immediate needs in the Park,
but it also important to look at the longer-term outlook of the Park to insure that the Park
remains the idyllic setting it is today. Since the three remaining deodars were planted at
the same time, it is not unreasonable to think that they will all reach the end of their life
at the same time. While it is recommended that the deodars be replaced with the
same historic deodars that have served the Park well for the last 100 years, there will be
Typical mature southern magnolia
Young coast redwood
Page 37 of 62
ITEM NUMBER: C-1
DATE: 04/09/19
some substantial period of time when the newly replanted Deodars (due to their young
age and small size) do not provide the majesty, shade and ambience that we have
come to enjoy in the Sunken Gardens. In order to insure that the Sunken Gardens
remains as enjoyable in twenty years as it is today, it is important to consider planting
additional trees now. These additional trees co uld grow now, so that once the cedars
die out (hopefully in 25 years or more), these trees could provide some of the amenities
that we have come to enjoy in the Park, while the newly replanted young deodar cedars
begin to grow.
Spacing of Trees
Staff has toured the park with local arborists to help determine where new trees could
be planted while maintaining the existing trees. If new trees are planted now, their
growth over the next 20 years could offset the potential removal of additional heritage
trees as they decline. Typically, very large trees such as the deodar cedar trees should
be spaced approximately 75 feet apart or more to maintain adequate root space and
provide ample sun exposure. The potential to add new cedars between the existing
magnolia locations and the existing deodar cedars was examined. The four cedars are
in perfect symmetry with the fountain and arborists suggest that planting new ones
adjacent to the existing cedars may not be successful as they would compete for sun
and soil space. It was also suggested that other species of new trees could be added in
other locations as long as they adequately spaced from the base of the existing cedars.
This spacing varies with the type of tree that is planted. With this information, staff has
created three suggested replanting options.
Tree Replanting Options
All options below include:
Maintaining the layout of four Deodar ds surrounding the fountain. As these
existing cedars fail and die, new deodar cedars would be replanted in their
place; and
Retaining the layout of the two coast live oak trees near El Camino Real and the
two coast live oaks along East & West Mall directly across from the fountain; and
Replanting the two magnolias near Palma Avenue with coast live oaks. The
dead magnolia would be removed now and replaced with a coast live oak in
accordance with arborists recommendations. The remaining magnolia would
remain in place until it too fails, and then would be replaced with a coast live oak
at that time.
Given this general concept, the suggested options below look at the remaining available
space to introduce additional trees without creating tree overcrowding. Attachments are
provided showing an overhead view of the tree canopy both at full maturity of all trees
and at a point in time some 30-40 years from now)
Page 38 of 62
ITEM NUMBER: C-1
DATE: 04/09/19
Suggested Option 1 (Attachment #1):
Plant up to a total of six coast redwoods as follows:
Plant 2 redwoods, one each along West Mall and East Mall in the lawn area
between the deodar cedars nearest Palma Avenue and the magnolias; and
Plant up to 4 redwoods, two each along West Mall and East Mall in the lawn area
between the existing and the missing deodar cedars and oak trees near El
Camino Real
Pros:
Retains feeling of symmetry
Fast growing
Provides “stately” shape preserving historical setting of City Hall
Not likely to result in tree overcrowding or competition
Utilizes more semi-native species with predictable results
Would not have an impact on the Wrestling Bacchantes statue
Cons:
Introduces a new tree species to the park
May not provide as much shade as trees with a larger canopy
Suggested Option 2: (Attachment #2)
Plant two additional deodar cedars and optionally two coast redwoods as follows:
Plant two additional deodar cedars, one each along West Mall and East Mall in
the lawn area between the existing and the missing deodar cedars and oak trees
near El Camino Real; and
Optional: Plant 2 redwoods, one each along West Mall and East Mall in the lawn
area between the deodar cedars nearest Palma Avenue and the magnolias.
Pros:
Retains some symmetry along East and West Mall
Provides succession of cedar trees
Fast growing
Provides “stately” shape preserving historical setting of City Hall
Will provide ample shade in the future
Cons:
May alter original tree symmetry as new Cedars grow and older Cedars
are removed
May result in tree competition, or overcrowding if existing cedars last more
than 30 additional years
May have an impact on the Wrestling Bacchantes statue
Optional redwoods, introduce a new tree species to the park
Page 39 of 62
ITEM NUMBER: C-1
DATE: 04/09/19
Suggested Option 3: (Attachment #3)
Plant two additional coast live oaks (for a total of 8 in the park) and optionally two coast
redwoods as follows:
Plant two additional coast live oaks, one each along West Mall and East Mall in
the lawn area between the existing and the missing deodar cedars and oak trees
near El Camino Real; and
Optional: Plant 2 redwoods, one each along West Mall and East Mall in the lawn
area between the deodar cedars nearest Palma Avenue and the magnolias.
Pros:
Will provide ample shade for street parking and park patrons on the sides
of the active space in the park (between the fountain and El Camino Real)
Not likely to result in tree overcrowding or competition
Utilizes more native tree species with predictable results
Cons:
Does not provide additional columnar trees near El Camino Real
Does not provide consistent “stately” shape preserving historical setting of
City Hall
Introduces a new tree species (coast redwood) to the park (is that really a
bad thing?)
Arborist Replanting Recommendations
Staff visited the site with two local arborists and a landscape architect that specializes in
historic landscapes. During the site visits, staff discussed the various goals and
constraints of the park and heard advice from professionals in the field. Arborists
recommend removal of the magnolia tree now and suggest leaving the site vacant for
the remainder of this summer to allow the soil to dry out and to allow the fungus to leave
the soil. It was also suggested that the root not be ground-up but instead be excavated
from the site to remove potential fungus. A new tree could be p lanted in place of the
magnolia during November or December of this year. As an option, there may be
methods of treating the soil to further the removal of fungus spores.
Other trees could be planted this year to succeed the cedar trees. It has been
suggested that trees with at least a 6” trunk diameter and 12-15 foot height be planted
in order to remain durable in the public park setting and to help complement existing
trees. The best time to plant new trees is in the winter or very early spring months.
Initially new trees would need to be irrigated, b ut given the high ground water table and
turf setting, long term irrigation will not be necessary.
Conclusion:
Staff recommends the City Council authorize staff to proceed with Tree Replanting
Option No. 1 for the replanting of Sunken Gardens Park as identified in Attachment 1.
The plan includes removing the dead magnolia tree now and replanting a coast live oak
in that location. It also includes the planting of one new deodar cedar tree to replace
the removed deodar cedar and six new coast redwood trees as shown in Attachment 1.
Page 40 of 62
ITEM NUMBER: C-1
DATE: 04/09/19
At the City Council’s discretion, any combination of the three options may also be
suggested. All re-plantings/plantings would occur in the winter or spring of 2019/2020.
The removal of the magnolia tree should include the removal of the tree and stump but
need not include any soil treatment. Soil treatment for fungus is an option but may not
be necessary if the stump and roots are completely removed and the soil is allowed to
dry out this summer before replanting a new tree.
FISCAL IMPACT:
The cost for removal of the magnolia and to implement the reforestation plan is
estimated to be around $20,000. The removal of the magnolia tree will be
accomplished using currently budgeted funds, with the remaining funds to be
incorporated into the 2019-2020 budget.
ATTACHMENTS:
1. Sunken Gardens Tree Replanting Option 1
2. Sunken Gardens Tree Replanting Option 2
3. Sunken Gardens Tree Replanting Option 3
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DATE: 04/09/19
ATTACHMENT: 1
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ATTACHMENT: 1
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ATTACHMENT: 2
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ITEM NUMBER: C-2
DATE: 04/09/19
Atascadero City Council
Staff Report – Fire & Emergency Services
Weed/Refuse Abatement Program and Amendment to City Services
Fee Schedule
RECOMMENDATIONS:
Council:
1. Adopt Draft Resolution A, amending certain fees in the Schedule of Fees and
Charges for City Services, specifically related to Weed abatement administrative
fees.
2. Adopt Draft Resolution B, declaring vegetative growth (noxious weeds) and/or
refuse a public nuisance, commencing proceedings for the abatement of said
nuisances, and placing all abatement fees on the San Luis Obispo County
Special Tax Assessment for the Fiscal Year 2018-2019 Tax Roll.
DISCUSSION:
Weed Abatement Program:
The City of Atascadero lies in a fire susceptible area of San Luis Obispo County where
the combination of climate, fuels and topography categorize much of the City as high
hazard for wildland fires. The fire service calls this area a wildland urban interf ace zone
with houses mixed into steep slopes, narrow roads and heavy chaparral and grass
fuels. This combination, along with the recent droughts and a changing climate, allow
for potentially large destructive fires within the City.
Atascadero Fire & Emergency Services prepares itself and the community to the best of
its ability and to the extent that resources allow. Wildfire prevention programs include:
weed abatement, chipping, fuel brea ks, roadside fuel modification, public outreach,
evacuation plans, homes built to the current Fire Code and Wildland Urban Interface
Code, wildfire preplan maps and the training of City Staff on the City Emergency Plan
and Emergency Operations Center activation.
Weed abatement is the first line of defense in wildland fi re protection and the most
important component of the City’s fire prevention efforts. It provides defensible space
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ITEM NUMBER: C-2
DATE: 04/09/19
for every home in Atascadero, and in essence, create mini-fire breaks between each
parcel to help contain a fire until Fire Department resources arrive.
Compliance with the weed abatement section of the City’s Municipal Code is a critical
component of this plan. The City of Atascadero does not want to be in the mowing
business. The intent is to encourage citizens to independently manage the weeds on
their properties. The Municipal Code, Section 6-13.03 addresses the abatement of
vegetative growth and/or refuse, which constitute a hazard.
The Fire Department is charged with running the abatement program and conducts an
initial weed inspection during the month of April of the approximated 11,188 parcels
within the City. Notices are mailed to the recorded property owner of each parcel listed
declaring that their parcel is an existing, future or “potential” hazard. AFD considers a
parcel a future or “potential” hazard if the parcel is not completely landscaped or
irrigated and/or there is a potential for weed growth. (Municipal Code, Section 6 -13.01).
Each property owner is advised in the notice that they have until June 1 to bring their
parcel into compliance. Beginning June 1, the Fire Marshal begins the second property
inspection. Those parcels that were originally noticed and have not cut their weeds are
placed on list for the city contractor to abate. In 2018, 3,474 notices were mailed out.
Upon second inspection, the Fire Marshal found 101 lots that were tagged to be abated
by the contractor. Of those tagged, the city contractor cut 31 and the rest were abated
by the residents.
Weed Abatement Fees:
In 2006 the City hired Revenue Cost Specialist (RCS) to perform a fee study that looked
at each of the services that the City provides and analyzed the cost to provide the
service. A service ordinance and resolution were adopted at that time, setting fees at
levels that most closely mirror the cost of the service provided. The study was then
updated again in 2014 and the fees have been updated each May s ince 2014 based on
CPI.
Currently, the city charges each parcel the direct costs of the contractor plus an
additional 150% fee as a fine to those properties that are not in compliance with the
Municipal Code. The purpose of the existing fee structure is intended to not only
strongly encourage residents to abate their weeds, but also cover 100% of the cost of
the weed abatement program, insuring that compliant property owners/tax payer s do
not subsidize the cost of the program.
During the weed abatement hearing process in 2018, Council directed staff to review
the 150% weed abatement administrative fee. Council had questions about whether the
amount charged exceeded the cost of administering the weed abatement program,
whether the charge was in compliance with State law and whether a flat fee per parcel
would be more appropriate. Although the legal notices for 2018 weed abatement had
gone out, staff agreed to bring the item back to Council for direction in time to change
the fees, if the Council chose, prior to the 2019 weed abatement season.
Cost of Administering the Weed Abatement Program:
Staff reviewed and updated a detailed time analysis that was originally performed in
2010. Times were reviewed and changed based on the est imated 2018 weed
Page 48 of 62
ITEM NUMBER: C-2
DATE: 04/09/19
abatement experience. In addition, staff costs were updated for changes in personnel
and current fully allocated rates. It is estimated that it will cost the City about 570 hours
or $61,000 in staff time to run the weed abatement program in a year where about 30
parcels will eventually be abated. About $24,000 of that staff time is spent inspecting,
noticing, and answering questions for all parcels (both those that will eventually be
assessed and those that cut their weeds prior to the d eadline.) The remaining $37,000
in staff time is spent on only those parcels that do not abate their weeds by the
deadline. This time includes re-inspecting the parcels, hiring and coordinating with a
weed abatement contractor, reviewing and processing invoices and charges for each
parcel, preparing final notices, preparing final door hangers, setting up and eventually
archiving files for each unabated property, reviewing select abatement parcels with the
contractor, preparing a final staff report, coordinating with the County to place the
assessments on the County tax rolls, and responding to questions and complaints from
the assessed parcels.
In 2018, 25 parcels were assessed a total of $43,690. An additional 6 were cut by the
contractor but will be assessed on this year’s tax roll. Of the $43,690, $17,476 was
reimbursement for contractor costs and $26,214 was administrative fees charged by the
City. The City is legally allowed to charge up to the full amount of the program
($61,000); however, historically the amount of administrative fees charged most closely
coincides with the cost to abate and assess those parcels that did not cut their weeds
by the deadline. In fact, in 2018 general taxpayers paid not only the $24,000 for the
general weed abatement inspection program, but the general taxpayers also subsidized
those property owners who did not cut their weeds by an additional $10,500.
Fee Structure:
During the October 9, 2018 City Council meeting, staff presented options to change the
weed abatement fee structure. Options included percentage fee structures, flat fee
structures and hybrid scenarios that combine a flat per parcel fee plus a percentage
charge. An excerpt from the October 9, 2018 staff report detailing the fee structure
options is included as Attachment 1. Following the presentation, Council directed staff
to proceed with amending the current weed abatement fee structure to the hybrid based
fee structure that most closely correlates to the cost of administering the program for
those parcels that do not cut their weeds . The hybrid fee structure consists of a flat fee
of $260 per parcel plus a percentage charge of 166%. This fee structure is expected to
recover 100% of the cost of administering the program for the property owners that do
not abate their weeds by the deadline.
The Service Fee will go into effect thirty (30) days after the Resolution is adopted.
Declaring Weeds a Nuisance:
As noted above, Section 6-13.03 of the Municipal Code, addresses the abatement of
vegetative growth and/or refuse, which constitute a hazard. Adoption of the proposed
Draft Resolution B is the first step in this annual program, which requires City Council
action. The Atascadero Fire & Emergency Services Department (AFD) conducted its
initial inspection the first week of April. There are approximately 11,188 parcels within
the City. Notices are mailed to the recorded property owner of each parcel listed
declaring that their parcel is an existing, future or “potential” hazard. AFD advises that it
considers a parcel a future or “potential” hazard if the parcel is not completely
Page 49 of 62
ITEM NUMBER: C-2
DATE: 04/09/19
landscaped or irrigated and/or there is a potential for weed growth (6-13.01). The list of
parcels identified to have vegetative growth and/or refuse, which are or may become a
public nuisance, is available for review in the Office of the City Clerk and at Atascadero
Fire & Emergency Services, Fire Station 1.
FISCAL IMPACT:
The City recovers costs for administering this program through the assessment, which
is placed on the San Luis Obispo County Special Tax Assessment for the Fiscal Year
2019-2020 Tax Roll. The proposed change to the weed abatement fee structure would
more closely cover the costs incurred for administering the program for those property
owners that did not have their weeds cut by the June 1st deadline.
ALTERNATIVES:
1. Council may adjust the proposed fees.
2. Council may refer item back to staff for additional analysis.
ATTACHMENT:
1. Excerpt from Staff Report – Review Weed Abatement Fees on 10/09/18
2. Draft Resolution amending the City’s Schedule of Fees
3. Draft Resolution declaring vegetative growth and/or refuse a publ ic nuisance
4. Vegetative Growth/Refuse Notice
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ITEM NUMBER: C-2
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ATTACHMENT:
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Excerpt from the October 9, 2018 Review of Weed Abatement Fees Staff Report
Fee Structure
Council also asked staff if a flat fee would be more appropriate (i.e.- the cost/time to
administer a large parcel was the same as the cost to administer a parcel with a small
amount of abatement.) Administration of the weed abatement process has many
separate tasks and components. Those tasks and components can be looked at in the
following manner:
1. Those tasks that may require the same amount of time to process r egardless of
the amount abatement (i.e. setting up a file for the parcel/abatement);
2. Those tasks that vary with the amount of abatement (staff will meet with the
contractor on-site for those abatements that will take the contractor multiple days
or are complex);
3. Those tasks that are done one time for the entire weed abatement program
regardless of the number of parcels abated or amount of weeds cut (i.e. hiring a
weed abatement contractor, holding public hearings, etc); and
4. Those tasks that do not clearly fit into any one of the three categories above.
Based on the fact that the cost is not completely fixed for administering each parcel, nor
is it completely variable for each parcel, there are arguments that assessing a flat fee per
parcel would be more appropriate and there are arguments that the current fee, based on
the amount of the abatement, is more appropriate. Council has the discretion to set the
fee.
Percentage Fee
The current administrative fee structure (150% of contractor costs) charges those parcels
that require more contractor time (more weeds/acreage to abate) a larger administrative
fee. This type of fee structure does make sense in that, in general, the larger the
abatement, the more time staff takes administering the weed abatement.
Because these large weed abatement bills tend to get challenged more on the time spent
by the contractor, the Fire Marshal meets with the contractor at the site to go over the
contractor’s estimated time to abate, potential problems, and other concerns. Contractor
billing review, contractor documentation review and other tasks do also tend to take a
little longer depending on the number of hours spent by the contractor. There is also an
argument that because of the greater fire risk to the community due of the volume of
weeds not abated, those that require more contractor hours due to area or thickness of
weeds, should shoulder a larger share of the burden to administer the program.
A percentage fee structure could be structured as follows:
P1. 150% of Contractor Cost Administrative Fee (Current Fee Structure) In 2018, the
City’s 150% administrative fee recovered about 72% ($26,214) of the cost of
administering weed abatement for those property owners that did not have their
weeds cut by the June 1st deadline. Taxpayers subsidized the remaining $10,500
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ITEM NUMBER: C-2
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ATTACHMENT:
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1
in weed abatement administration costs associated with those property owners that
did not cut their weeds by the deadline.
P2. 210% of Contractor Cost Administrative Fee. This fee structure is estimated to
recover all of the weed abatement administration costs associated with property
owners that do not cut their weeds by the deadline, while the cost of inspecting all
parcels and sending out first notices would continue to be funded out of general
taxes.
P3. 350% of Contractor Cost Administrative Fee. This fee structure is estimated to
recover 100% of the administering the weed abatement program.
The percentage fee structure, does not take into account the number of tasks that require
the same amount of staff time for each parcel and those tasks that require the same
amount of staff time regardless of number or size of parcels abated. Thus it could be
argued that those parcels with a small amount of abatement (i.e. a half hour of contractor
crew time) are currently being subsidized, while those with a large amount of abatement
are not.
Flat Fee
The Council could direct staff to change the fee structure to a flat fee, regardless of the
amount of abatement performed on the parcel. In 2018, three of the 25 abated pa rcels
required one half hour of the contractor crew’s time to abate their parcel at a cost of
$65.54 for the half hour of the crew’s time, plus a $98.32 administrative fee for a total cost
of $165.86. There was also a parcel that required 11 ½ hours of co ntractor crew time
and cost $1,507.31 for the contractor to abate and $2,260.97 in administrative fees. In a
flat fee scenario, each of these parcels would still pay the contractor costs ($65.54 or
$1,507.31) plus a flat administrative fee.
The flat fee could be structured as follows:
F1. $870 per parcel. This amount of administrative fee per parcel would recover an
amount similar to the amount recovered this year ($26,000) leaving the taxpayers to
subsidize abatement of the parcels by about $10,500 annual ly.
F2. $1,230 per parcel. This amount of administrative fee per parcel would recover the
cost of administering the program for those parcels that do not abate their weeds by
the deadline. ($37,000 cost divided by approximately 30 parcels)
F3. $2,030 per parcel. This amount of fee per parcel would recover the cost of the entire
weed abatement program ($61,000) over the estimated number of parcels abated
each year (currently estimated at about 30 parcels per year)
F4. Any other amount. Any amount below the $1,230 would mean that some amount of
general taxes would be used to administer abatement for those property owners that
do not cut their weeds by the deadline.
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ITEM NUMBER: C-2
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ATTACHMENT:
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1
While there are arguments that the flat fee would be more appropriate as some tasks
necessary to administer the program take the same amount of time regardless of the
amount of weeds abated, this would mean that a parcel requiring just a half hour of clean -
up could be charged $935 ($65.54 for the contractor and $870 for administration).
Hybrid Fee
A hybrid fee with a portion of the fee being flat and a portion based on a percentage of
contractor costs could also be considered. There is no exact way to break out the tasks
but in general about 20% of the costs to administer the program are more fixe d in nature,
40% of the costs to administer the program correlate to the contractor time spent on
abating the parcels, and 40% of the costs are neither fixed per parcel, nor closely correlate
to the weeds abated, but instead depend upon the property owner, the neighbors and
other factors. Staff feels that the indeterminate 40% correlates more closely to contractor
time, but it is not a close correlation. Larger parcels tend to consume more of this time,
but there have been times in the last 5 years that a parcel that does not require a lot of
contractor time may generate a lot of complaints, inquiries and explanations.
Some hybrid scenarios could be as follows:
H1. A flat fee of $260 per parcel plus a percentage charge of 106%. This fee structure
is expected to recover about the same amount of costs as were assessed in 2018.
(General taxpayers would continue to subsidize administering the program for the
property owners that do not abate their weeds by the deadline by about $10,500 a
year.) This fee structure is calculated based on collecting about 21% of the costs
with the flat fee, about 51% of the costs as a percentage of contractor costs, and
continuing to have about a 28% subsidy for those that don’t cut their weeds.
H2. A flat fee of $260 per parcel plus a percentage charge of 166%. This fee structure
is expected to recover the 100% of the cost of administering the program for the
property owners that do not abate their weeds by the deadline . This fee structure is
calculated based on collecting about 21% of the costs with the flat fee, about 79%
of the costs as a percentage of contractor costs.
H3. A flat fee of $385 per parcel plus a percentage charge of 80%. This fee structure is
expected to recover about the same amount of costs as will be recover ed in 2018.
(General taxpayers would continue to subsidize administering the program for the
property owners that do not abate their weeds by the deadline by about $10,500 a
year.) This fee structure is calculated based on collecting about 32% of the cos ts
with the flat fee, about 40% of the costs as a percentage of contractor costs, and
continuing to have about a 28% subsidy for those that don’t cut their weeds.
H4. A flat fee of $490 per parcel plus a percentage charge of 125%. This fee structure
is expected to recover the 100% of the cost of administering the program for the
property owners that do not abate their weeds by the deadline . This fee structure is
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ITEM NUMBER: C-2
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ATTACHMENT:
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calculated based on collecting about 40% of the costs with the flat fee, about 60%
of the costs as a percentage of contractor costs.
H5. Any other combination that the Council is willing to explore.
The hybrid fee structure probably is the fee structure that most closely correlates to the
cost of administering each parcel that does not cut its weeds. So me may argue though,
that it may place too large a burden on those whose infraction is more minor in nature (ie
a half hour of contractor crew time would cost $395 under Hybrid proposal #1, as opposed
to $164 currently charged) and that if the City is goin g to subsidize those that don’t cut
their weeds, the subsidy should go toward these parcels with smaller infractions.
Page 54 of 62
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
04/09/19
2
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING AMENDED FEES TO
OFFSET COSTS INCURRED FOR WEED ABATEMENT AND A
SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES
WHEREAS, Atascadero lies in a fire susceptible area of San Luis Obispo County and the
combination of climate, fuels and topography allow for a potentially large destructive wildland
fire within the city; and
WHEREAS, the Atascadero Fire and Emergency Services prepares itself and the
community to the best of its ability through multiple fire prevention programs; and
WHEREAS, Weed abatement is the first line of defense in wildland fire protection and
the most important component of the City’s fire prevention efforts by providing defensible space
for every home in Atascadero; and
WHEREAS, each parcel owner must remove existing, future or potential hazardous weeds
from their property by June 1st of each year; and
WHEREAS, the Atascadero Fire and Emergency Services hires a weed abatement
contractor to abate any hazardous weeds not cut by the parcel owner and charges each parcel owner
the direct costs of the contractor plus an additional fee; and
WHEREAS, the City of Atascadero has adopted a policy of recovering some portion of
the costs reasonably borne of providing special services, including but not limited to park and
recreation services, rental of City property, police and fire services, and other miscellaneous City
services, of a voluntary or limited nature, such that general taxes are not diverted from general
services of a broad nature and thereby utilized unfairly and inequitably such special services; and
WHEREAS, City Council intends to offset the costs associated with weed abatement; and
WHEREAS, at the October 9, 2018 City Council meeting, Council directed staff to amend
the weed abatement fee structure to more closely match costs to administer the Weed Abatement
Program; and
WHEREAS, the City Council has previously adopted Resolution No. 2018-032 in
combination with Resolution No. 2018-33, setting forth a Schedule of Fees and Charges for City
Services, and desires to amend Resolution No. 2018-032 to include the proposed weed abatement
fees, without rescinding said adoption; and
WHEREAS, the amount of the fees proposed do not exceed the true cost of the Weed
Abatement Program; and
WHEREAS, the increase to the amount of the weed abatement fees is not a “project”
subject to the California Environmental Quality Act because it is a funding mechanism having no
Page 55 of 62
ITEM NUMBER: C-2
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ATTACHMENT:
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2
physical effect on the environment.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council
so finds and determines.
SECTION 2. Establishment of the Fees. The Fees are hereby established in the amounts
detailed in Exhibit A for the purpose of funding the cost of providing the Weed Abatement
Program.
SECTION 3. Collection of the Fees. Pursuant to Section 6-13.17 of the Atascadero
Municipal Code, if the owner does not abate the hazard, it will be abated by the City contractor.
The cost of the abatement plus a flat fee of $260 plus a percentage charge of 166% administrative
fee and County fee will be assessed upon the County property tax bill, and constitute a lien upon
such land until paid.
SECTION 4. Constitutionality. If any portion of this Resolution is declared invalid or
unconstitutional then it is the intention of the City Council to have passed the entire Resolution
and all its component parts, and all other sections of this Resolution shall remain in full force and
effect.
SECTION 5. Repealer. All resolutions and other actions of the City Council in conflict
with the contents of this Resolution are hereby repealed.
SECTION 6. Effective Date. This resolution shall take effect 30 days after the effective
date of this Resolution, and shall remain in effect, until revised by the City Council.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of _____, 2019.
On motion by Council Member and seconded by
Council Member , the foregoing Resolution is hereby adopted
in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
________________________________
Heather Moreno, Mayor
ATTEST:
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ITEM NUMBER: C-2
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ATTACHMENT:
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2
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
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9 9
ITEM NUMBER: C-2
DATE: 04/09/19
ATTACHMENT: 2A
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ITEM NUMBER: C-2
DATE:
ATTACHMENT:
04/09/19
3
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING VEGETATIVE GROWTH
(NOXIOUS WEEDS) AND/OR REFUSE A PUBLIC NUISANCE
WHEREAS, Atascadero Fire & Emergency Services conducted parcel inspections
throughout the City during the first week of April 2018; and
WHEREAS, Atascadero Fire & Emergency Services considers a property, land or lot a
future or “potential” hazard if the property, land or lot is not completely landscaped or irrigated
and/or there is a potential for weed growth; and
WHEREAS, property, lands or lots in the City were identified as having existing, future
or “potential” hazards that are considered to be a public nuisance; and
WHEREAS, Atascadero Fire & Emergency Services is commencing proceedings for the
abatement of said nuisances; and
WHEREAS, abatement fees will be placed on the San Luis Obispo County Special Tax
Assessment for the Fiscal Year 2019-2020 Tax Roll.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. That vegetative growth (noxious weeds) and/or refuse are, or may become,
a hazard and are hereby declared to be a public nuisance which should be abated for the reasons
that vegetative growth may attain such a large growth as to become a fire menace and/or
drainage restriction when mature and said refuse may become a public nuisance, thereby creating
a hazard to public health and safety.
SECTION 2. The City Council of the City of Atascadero finds and declares that
vegetative growth (noxious weeds) and/or refuse on specified parcels of property are seasonal
and recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in accordance
with the provisions of City and State laws. No further hearings need to be held, and it shall be
sufficient to mail a notice to the owner of the property as their address appears upon the current
assessment roll.
SECTION 3. A description of the parcel of lots of private property upon which, or in
front of which, said nuisances are or may become a hazard, according to the official Assessment
Map of said City of Atascadero, shall be posted annually in the office of the City Clerk and
referred to as Exhibit A, on file in the City Clerk’s Office and incorporated herein by this
reference.
SECTION 4. The City Clerk or designee is hereby ordered and directed to mail written
notices of the proposed abatement to all persons owning property described in accordance with
Section 6-13.08 of the Atascadero Municipal Code.
Page 59 of 62
SECTION 5. Pursuant to Section 6-13.10 of the Atascadero Municipal Code, the City
Council shall hear and consider all objections or protests to the required removal of said
vegetative growth and/or refuse. The City Clerk shall post a copy of the public hearing not ice in
accordance with the Ralph M. Brown Act.
SECTION 6. Pursuant to Section 6-13.17 of the Atascadero Municipal Code, if the
owner does not abate the hazard, it will be abated by the City contractor. The cost of the
abatement plus a flat fee of $260 plus a percentage charge of 166% administrative fee and
County fee will be assessed upon the County property tax bill, and constitute a lien upon such
land until paid.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 9th day of
April, 2019.
On motion by Council Member ___________ and seconded by Council Member
____________, the foregoing Resolution is hereby adopted in its entirety on the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
EXHIBIT “A” ON FILE IN THE OFFICE OF THE CITY CLERK
ITEM NUMBER: C-2
DATE: 04/09/19
ATTACHMENT: 3
Page 60 of 62
6005 LEWIS AVENUE – ATASCADERO, CA 93422 – (805) 461-5070 – FAX (805) 466-2907
NOTICE
NOTICE
Dear Atascadero Property Owner:
Weed abatement season has arrived and parcel inspections were recently performed throughout
the City. The Atascadero Municipal Code, Section 6-13.08, requires this notification, which
enables the Fire Department to abate dry noxious weeds and/or refuse in an effort to make our
neighborhoods safer in the event of a fire. Please be advised your property has been identified as
an existing, future or “potential” hazard. The Fire Department advises that it considers a parcel a
future or “potential” hazard if the parcel is not completely landscaped or irrigated and/or there is
a potential for vegetative growth.
NOTICE TO REMOVE
VEGETATIVE GROWTH (NOXIOUS WEEDS) AND /OR REFUSE
Notice is hereby given that on the 9th day of April 2019, the City Council passed a resolution
declaring that vegetative growth (noxious weeds) and refuse constitute a fire hazard, and health
and safety hazard, which must be abated by the cutting of said vegetative growth (noxious
weeds), and/or removal of refuse which constitutes said health and safety hazard. If the property
owner does not abate the noxious weeds and/or refuse by June 1, 2019, it will be abated by the
City, and the cost of the abatement will be assessed upon the County property tax bill, and will
constitute a lien upon such land until paid. Failure to abate your property will result in an
assessment of 266% of the contractor costs to abate the property plus $260. Reference is
hereby made to the Resolution for further particulars and Municipal Code Sections 6-13.01
through 6-13.17. A copy of said Resolution is on file in the Office of the City Clerk.
All property owners having any objections to the proposed removal of the hazard are hereby
notified to attend a meeting of the City Council of the City of Atascadero to be held on
May 7, 2019 at 6:00 p.m. when their objections will be heard and given due consideration.
Dated this 18th day of April, 2019 /s/ Casey D. Bryson
Fire Chief
City of Atascadero
THANK YOU FOR YOUR ASSISTANCE IN MAINTAINING YOUR
VEGETATIVE GROWTH TO A MAXIMUM HEIGHT OF 4 INCHES
City of Atascadero
Atascadero Fire & Emergency Services
ITEM NUMBER: C-2
DATE: 04/09/19
ATTACHMENT: 4
Page 61 of 62
THE DEADLINE FOR WEED/REFUSE ABATEMENT
COMPLIANCE IS JUNE 1, 2019
On June 1, 2019, the City’s contractor begins the abatement process for parcels that are not in
compliance. The contractor’s fees, as well as applicable City and County fees/fines are assessed on the
County’s tax roll.
The Fire Chief has established the following requirements:
CLEARANCE REQUIREMENTS
OF VEGETATIVE GROWTH (NOXIOUS WEEDS)
Maximum height of 4 inches
a) Located within 100 feet of any building or structure, or to the
property line, whichever is nearer;
b) Located within 50 feet from the edge of any improved roadway;
c) Located within 50 feet from each property line;
d) Located within 10 feet on each side of driveways.
EXEMPTIONS:
a) Animal pastures and agricultural fields growing hay or grains. The interior portion of fenced pastures
where the quantity of livestock significantly reduces the vegetative growth, therefore bringing the
parcel into compliance. Agricultural fields must be cut at harvest time. Uncut hay and grain is subject
to abatement.
b) Habitat for endangered or threatened species or any species that is a candidate for listing as an
endangered or threatened species by the State of California or Federal Government.
c) Land kept in a predominantly natural state as habitat for wildlife, plant, or animal communities.
d) Open space lands that are environmentally sensitive parklands.
e) Other lands having scenic values.
Abatement requirements shall remain in effect in waterways where flood preparation measures and
emergency flood control mitigation is necessary.
1) This exemption applies whether the land or water are held in fee title or any lesser interest. This
exemption applies to any public agency, and private entity that has dedicated the land or water areas
to one or more of those purposes or uses, or any combination of public agencies and private entities
making that decision.
2) This section shall not be construed to prohibit the use of properly authorized prescribed burning to
improve the biological function of land or to assist in the restoration of desired vegetation.
3) In the event that any lands adjacent to land or water areas, as described above, are improved such that
they are subject to this chapter, the obligation to comply with Section 6-13.04 shall be with the person
owning, leasing, controlling, operating, or maintaining the occupied dwelling or occupied structure on
the improved lands. All maintenance, activities, and other fire prevention measures required by
Section 6-13.04 shall be required only for the improved land, and water areas as described above.
Questions regarding weed abatement may be directed to (805) 470-3300 or by writing to: City of
Atascadero, Fire & Emergency Services, Fire Marshal, 6005 Lewis Ave., Atascadero, CA 93422.
PLEASE RETAIN THIS NOTICE FOR ANY RELATED COMMUNICATIONS
ITEM NUMBER: C-2
DATE: 04/09/19
ATTACHMENT: 4
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