HomeMy WebLinkAboutCC_2019_07_26_AgendaPacket
SPECIAL MEETING
AGENDA
Atascadero City Council
Friday, July 26, 2019
Atascadero City Hall Council Chambers, 4th Floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
ROLL CALL:
PUBLIC HEARINGS:
1. Establishment of Improvement Area No. 1 of Community Facilities District
2005-1
Ex-Parte Communications:
Fiscal Impact: None.
Recommendations: Council:
1. Conduct the public hearing for the proposed establishment of
Improvement Area No. 1 to Community Facilities District 2005-1
(CFD 2005-1).
2. Adopt Draft Resolution A, forming and establishing Improvement Area 1
within CFD 2005-1, authorizing the levy of a special tax and submitting
the levy of a special tax to qualified electors.
3. Direct the City Clerk to conduct a landowner vote and collect and count
the ballots.
Council to recess until ballots are counted
4. Adopt Draft Resolution B, declaring the results of a special landowner
election, determining the validity of prior proceedings and directing the
recording of an amendment to the notice of special tax lien.
5. Introduce for first reading, by title only, Draft Ord inance, authorizing the
levy of special taxes in Improvement Area No. 1 of CFD 2005 -1.
[Community Development]
City Council Special Meeting: 3:00 P.M.
Page 1 of 63
2. Traffic Way Zone Change (ZCH19-0029) - Atascadero Temple Association
Ex-Parte Communications:
Fiscal Impact: None.
Recommendations: Council:
1. Introduce for first reading, by title only, Draft Ordinance A approving a zone
map amendment to 2605, 2607, 3055, and 3255 Traffic Way (APN’s
049-063-003, 049-063-004, 049-071-029, 049-071-030), based on findings.
2. Introduce for first reading, by title only, Draft Ordinance B, approving
Planned Development Overlay Zone No. 35 for 2605, 2607, 3055, and
3255 Traffic Way (APN’s 049-063-003, 049-063-004, 049-071-029,
049-071-030), based on findings.[Community Development]
ADJOURNMENT:
The City Council will adjourn to its Regular Meeting on August 13, 2019.
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF ATASCADERO )
I, AMANDA MUTHER, Deputy City Clerk, being duly sworn, depose that on July 12, 2019, a copy of the foregoing Notice of
Special Meeting was posted at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, California and was available for
public review in the Customer Service Center at that location.
AMANDA MUTHER, Deputy City Clerk
Page 2 of 63
ITEM NUMBER: B-1
DATE: 07/26/19
Atascadero City Council
Staff Report – Community Development Department
Establishment of Improvement Area No. 1
of Community Facilities District 2005-1
RECOMMENDATIONS:
Council:
1. Conduct the public hearing for the proposed establishment of Improvement Area
No. 1 to Community Facilities District 2005-1 (CFD 2005-1).
2. Adopt Draft Resolution A, forming and establishing Improvement Area 1 within
CFD 2005-1, authorizing the levy of a special tax and submitting the levy of a
special tax to qualified electors.
3. Direct the City Clerk to conduct a landowner vote and collect and count the
ballots.
Council to recess until ballots are counted
4. Adopt Draft Resolution B, declaring the results of a special landowner election,
determining the validity of prior proceedings and directing the recording of an
amendment to the notice of special tax lien .
5. Introduce for first reading, by title only, Draft Ordinance, authorizing the levy of
special taxes in Improvement Area No. 1 of CFD 2005-1.
Background:
In July 2004, as a key part of the adoption of the City’s Comprehensive Financial Strategy,
the Council addressed the need to recover all costs associated with new residential
development by directing the formation of a Community Facilities District (CFD). California
law allows the formation of such districts for the purpose of recovering the cost of providing
public safety services, including police and fire services, and park services for new
developments. CFDs ensure that new homeowners pay special taxes in an amount equal
to the actual cost of the City services they are expected to receive. Without such special
taxes in place, new residential units have a negative impact on the General Fund.
The Citywide CFD was established in 2005. Consistent with this policy a number of projects
have been annexed into the CFD as a requirement prior to recordation of a final map.
Page 3 of 63
ITEM NUMBER: B-1
DATE: 07/26/19
DISCUSSION:
The applicant, Z 3 LLC, is required to provide means to ensure their project is fiscally
neutral to the City as a condition to finalize their subdivision maps and fulfill the
conditions of approval. This process is usually accomplished through annexation into
the City’s CFD.
A proposed annexation into the Citywide CFD was reviewed by the City Council on May
28th. The Applicant and the Council discussed the merits of the CFD as it applies to
mixed-use projects that generate revenue to offset residential costs. An ad hoc
Committee was formed to analyze the issue and determine if a discounted tax rate was
warranted for mixed-use development in the Downtown. The current CFD proposal
includes the establishment of Improvement Area No. 1 to the existing Citywide CFD.
The improvement area would have its own rate and Method of Apportionment (RMA) to
determine the annual tax amount. The ad hoc Committee proposes a 35% potential tax
reduction for qualifying mixed-use projects in the Downtown. In order for projects to
qualify, the project must comply with the following:
The project must be located in the Downtown Commercial Zoning Dist rict,
The project must be a vertical mixed -use development with commercial on the
ground floor,
The commercial must be have a substantial retail component which cannot be
less than 30% of the total square foot space,
The building must be architecturally superior and constructed with quality
materials, and
The project must be maintained at the same level as the City maintains similar
properties throughout the City.
The establishment of Improvement Area No. 1 will allow other qualifying projects in the
downtown to annex in at the same tax reduced rate. Projects would need to qualify
annually as part of the CFD annual fiscal analysis process.
The La Plaza Mixed-Use project is located in the downtown and was approved in 2018.
The project consists of 42 rental units on the second and third floors above ground level
commercial tenant spaces. The applicant will have the option of converting the rental
units into condominiums at a later date if desired. The project is proceeding forward with
the final map, which is expected to record this summer. Grading of the project site has
begun and building construction is expected to begin later this year.
Page 4 of 63
ITEM NUMBER: B-1
DATE: 07/26/19
On June 11, 2019, the City Council initiated the process for this development by
adopting a resolution of intent to establish Improvement Area No. 1 and setting the date
of the public hearing.
The Resolutions before Council are the final step to establish Improvement Area No.1
of the CFD 2005-1 used to fund new police, fire, and park services associated with new
residential units. Improvement Area No. 1 allows qualifying mixed-use projects to pay a
reduced annual rate, expected to be $441.90 for fiscal year 2019-2020. The money
collected can only be used to fund new public services authorized to be funded by the
Mello-Roos Act and identified within the Rate and Method of Apportionment, and
cannot be used to support existing services.
Process:
After the close of the Public Hearing, the City Council may adopt Draft Resolution A
(Attachment 1), which officially establishes the territory of Improvement Area 1 of CFD
2005-1. If approved, the Resolution authorizes the levy of special taxes within such area.
Following adoption of the Resolution, the City Clerk will hold a landowner election,
verifying the property owner wishes to establish Improvement Area No.1 of the existing
Citywide CFD. If the landowner elects to establish this new improvement area, the City
Council will certify the election and introduce for first reading, by title only, the Draft
Ordinance, authorizing the special taxes for Improvement Area No. 1.
Conclusion:
The development proposed for annexation into the CFD was conditioned to be fiscally
neutral. If the establishment of Improvement Area No. 1 of CFD 2005-1 is not
approved, the project will not be able to meet the conditions of approval.
ALTERNATIVE:
Require the developer to meet the fiscal neutrality condition of approval through some
other mechanism.
Page 5 of 63
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENTS:
1. Draft Resolution A, forming and establishing Improvement Area No. 1 of CFD
2005-1 identified in City Council Resolution 2019-053 and authorizing the levy of
a special tax and submitting the levy of a special tax to qualified electors
2. Draft Resolution B, declaring the results of a special landowner election in
Improvement Area No. 1 of CFD 2005-1
3. Draft Ordinance, authorizing the levy of special taxes in Improvement Area No. 1
of Community Facilities District 2005-1 for certain territory
4. Community Facilities District No. 2005-1 IA 1 Report
Page 6 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
1
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, FORMING AND
ESTABLISHING IMPROVEMENT AREA NO. 1 OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES) OF THE CITY OF ATASCADERO, AND
AUTHORIZING SUBMITTAL OF THE LEVY OF A SPECIAL
TAX TO THE QUALIFIED ELECTOR
AND CALLING AN ELECTION THEREIN
WHEREAS, the City Council (the “City Council”) of the City of Atascadero (the “City”)
has, by the adoption of Resolution 2019-054 (the “Resolution of Intention”), previously declared
its intention to form an improvement area of a community facilities district pursuant to the terms
and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part
1, Division 2, Title 5 of the Government Code of the State of California (the “Act”) for the
purpose of providing an alternative method of financing the public services necessary to serve
new development within such community facilities district; and
WHEREAS, this improvement area of a community facilities district has been
designated as Improvement Area No. 1 of Community Facilities District No. 2005-1 (Public
Services) of the City of Atascadero (“CFD No. 2005-1 IA 1”); and
WHEREAS, notice of a public hearing related to the establishment of CFD No. 2005-1
IA 1, the extent of CFD No. 2005-1 IA 1, the financing of certain types of services by CFD No.
2005-1 IA 1 and all other related matters has been given, and a Community Facilities District
Report, as ordered by this City Council, has been presented to this City Council and has been
made a part of the record of the hearing to establish CFD No. 2005-1 IA 1; and
WHEREAS, all communication relating to the establishment of CFD No. 2005-1 IA 1,
the financing of certain types of services and the proposed rate and method of apportionment of
special tax have been presented, and it has further been determined that a majority protest as
defined by law has not been received against these proceedings; and
WHEREAS, the Registrar of Voters of the County of San Luis Obispo has certified that
there are no registered voters residing within the proposed boundaries of CFD No. 2005-1 IA 1;
and
WHEREAS, inasmuch as there are no registered voters within the proposed boundaries
of CFD No. 2005-1 IA 1 the authorization to levy special taxes within CFD No. 2005-1 IA 1
shall be submitted to the landowner of CFD No. 2005-1 IA 1, such landowner being the qualified
elector as authorized by law.
Page 7 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
1
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Determinations. It is hereby determined by the City Council that:
A. All prior proceedings pertaining to the formation of CFD No. 2005-1 IA 1 were
valid and taken in conformity with the requirements of the law, and specifically
the provisions of the Act, and this finding and determination is made pursuant to
the provisions of the Government Code Section 53325.1.
B. The written protests received, if any, do not represent a majority protest as
defined by the applicable provisions of the Act and, therefore, the special tax
proposed to be within CFD No. 2005-1 IA 1 has not been precluded by a majority
protest pursuant to Section 53324 of the Government Code of the State of
California.
C. The formation of CFD No. 2005-1 IA 1 and such authorization to levy the special
tax within CFD No. 2005-1 IA 1 to finance the Authorized Services identified
below constitutes the creation of a government funding mechanism which does
not involve the commitment to any specific project which may result in a
potentially significant impact on the environment. Therefore, the formation of
CFD No. 2005-1 IA 1 and the authorization to levy the special tax within CFD
No. 2005-1 IA 1 do not constitute a “project” which is subject to the provisions of
the California Environment Quality Act (California Public Resources Code
Section 21000 and following).
D. No registered voters have resided within the territory of CFD No. 2005-1 IA 1 for
each of the ninety (90) days preceding the close of the public hearing, therefore,
pursuant to the Act the qualified elector of CFD No. 2005-1 IA 1 shall be the
landowner of CFD No. 2005-1 IA 1 as such term is defined in Government Code
Section 53317(f) and such landowner who is the owner of record as of the close
of the public hearing pertaining to the formation of CFD No. 2005-1 IA 1, of the
authorized representative thereof, shall have one vote for each acre or portion of
an acre of land that such landowner owns within CFD No. 2005-1 IA 1.
E. The time limit specified by the Act for conducting an election to submit the levy
of the special tax to the qualified elector of CFD No. 2005-1 IA 1 and the
requirements for impartial analysis and ballot arguments have been waived with
the consent of the qualified elector of CFD No. 2005-1 IA 1.
F. The City Clerk, acting as the election official, has consented to conducting any
required election on a date which is less than 125 days following the adoption of
the resolution forming and establishing CFD No. 2005-1 IA 1.
Page 8 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
1
SECTION 3. Community Facilities District Report. The Community Facilities District
Report, as prepared pursuant to the Act and the Resolution of Intention and now submitted and
received by this City Council, shall stand as the Community Facilities District Report for all
future proceedings and all terms and contents are approved as set forth therein.
SECTION 4. Name of the Community Facilities District. This legislative body does
hereby establish and declare the formation of CFD No. 2005-1 IA 1 to be known and designated
as “Improvement Area No. 1 of Community Facilities District No. 2005-1 (Public Services) of
the City of Atascadero.”
SECTION 5. Boundaries of CFD No. 2005-1 IA 1. The boundaries of CFD No. 2005-1
IA 1 are generally described as follows:
All property as shown on the Boundary Map as previously
approved by this City Council, such map designated as “Boundary
Map of Improvement Area No. 1 of Community Facilities District
No. 2005-1 (Public Services), City of Atascadero, County of San
Luis Obispo, State of California” (the “Boundary Map”). The
Boundary Map has been filed pursuant to Sections 3111 and 3113
of the Streets and Highways Code of the State of California in the
Office of the San Luis Obispo County Recorder, in Book 6, Page
14 of Maps of Assessment and Community Facilities Districts and
as Document No. 2019024797.
SECTION 6. Description of Services. The public services authorized to be
financed by CFD No. 2005-1 IA 1 are not replacing services already available within the
boundaries of CFD No. 2005-1 IA 1. A general description of such (collectively, the “Authorized
Services”), whether provided directly by the City or by a third party contracting with the City or
CFD No. 2005-1 IA 1, that may be financed is set forth in Exhibit A attached hereto and
incorporated herein by this reference.
The City Council finds that the Authorized Services described in this Secti on 6 hereof are
necessary to meet increased demands placed upon the City as a result of new development
occurring within the boundaries of CFD No. 2005-1 IA 1.
SECTION 7. Special Tax. Except where funds are otherwise available, a special tax
sufficient to finance the Authorized Services (the “Special Tax”) and related incidental expenses
authorized by the Act, secured by recordation of a continuing lien against all non-exempt real
property in CFD No. 2005-1 IA 1. For further particulars as to the Rate and Method of
Apportionment of the proposed Special Tax, reference is made to Exhibit B (the “Rate and Method”)
attached hereto and incorporated herein by this reference, which sets forth in sufficient detail the Rate
and Method of Apportionment of the Special Tax to allow each landowner or resident within
proposed CFD No. 2005-1 IA 1 to clearly estimate the maximum amount of Special Tax that such
person will have to pay the Authorized Services. The Special Tax may not be prepaid.
Page 9 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
1
The Special Tax herein authorized, to the extent possible, shall be collected in the same
manner as ad valorem property taxes or in such other manner as this City Council or its designee
shall determine, including direct billing of the affected property owners. Such Special Tax shall
be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as
applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax
roll shall be collected through a direct billing procedure by the City.
Pursuant to Government Code Section 53340 and except as provided in Government
Code Section 53317.3, properties of entities of the state, federal, and local governments shall be
exempt from the levy of Special Tax.
Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the
Streets and Highways Code of the State of California, a continuing lien to secure each levy of the
Special Tax shall attach to all non-exempt real property in CFD No. 2005-1 IA 1 and this lien
shall continue in force and effect until collection of the special tax by the legislative body ceases.
SECTION 8. Special Tax Accountability Measures. Pursuant to and in compliance
with the provisions of Government Code Section 50075.1, this City Council hereby establishes
the following accountability measures pertaining to the levy by CFD No. 2005-1 IA 1 of the
Special Tax Described in Section 7 above:
A. The Special Tax shall be levied for the specific purposes set forth in Section 7
above.
B. The proceeds of the levy of the Special Tax shall be applied only to the specific
applicable purposes set forth in Section 7 above.
C. CFD No. 2005-1 IA 1 shall establish a separate account into which the proceeds
of the special Tax shall be deposited.
D. The Director of Finance/Treasurer of the City, or his designee, acting for and on
behalf of CFD No. 2005-1 IA 1, shall annually file a report with the City as
required pursuant to Government Code Section 50075.3.
SECTION 9. Preparation of Annual Tax Roll. The name, address and telephone
number of the office, department, or bureau which will be responsible for preparing annually a
current roll of Special Tax levy obligations by Assessor’s parcel number and which shall be
responsible for estimating future special tax levies pursuant to section 53340.2 of the
Government Code of the State of California, are as follows:
City of Atascadero Community Development
6500 Palma Avenue
Atascadero, California 93422
(805) 461-5000
Page 10 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
1
SECTION 10. Election. This legislative body herewith submits the levy of the special
taxes to the qualified elector of CFD No. 2005-1 IA 1, such elector being the landowner of the
property within CFD No. 2005-1 IA 1, with such landowner having one (1) vote for each acre of
portion thereof of land which he or she owns within the District.
This legislative body hereby further directs that the ballot proposition relating to the levy
of the above referenced special taxes within CFD No. 2005-1 IA 1 be combined and consolidated
with the proposition set forth in Section 11 below relating to the establishment of an
appropriations limit for CFD No. 2005-1 IA 1.
The Proposition related to the levy of the special taxes and establish an appropriations
limit for CFD No. 2005-1 IA 1, shall be submitted to the qualified elector of CFD No. 2005-1 IA
1 at a special election to be held on (a) July 26, 2019, immediately following the adoption of this
resolution or (b) such other date as the qualified elector and the City Clerk may mutually agree
and such election shall be a special election to be conducted by the City Clerk (hereinafter
referred to as the (“Election Official”). If the proposition for the levy of the special taxes receives
the approval of more than two-thirds (2/3rds) of the votes cast on the proposition, the special tax
thereby approved may be levied as provided for in this Resolution.
SECTION 11. Ballot Propositions. The ballot proposals to be submitted to the
qualified elector of CFD No. 2005-1 IA 1 at the election shall generally be as follows:
Proposition A
Shall the City Council of the City of Atascadero be authorized to levy a special tax on an
annual basis at the rates and apportioned as described in Exhibit B to the Resolution Declaring its
Intention to Establish Improvement Area No. 1 of Community Facilities District No. 2005-1
(Maintenance Services) adopted by the City Council on June 11, 2019 (the “Resolution”), which
is incorporated herein by this reference, within the territory identified on the map entitled
“Boundary Map Improvement Area No. 1 Community Facilities District No. 2005 -1 (Public
Services) City of Atascadero, County of San Luis Obispo” to finance certain services as set forth
in Section 5 to the Resolution (including incidental expenses), and shall an appropriation limit be
established for the Community Facilities District No. 2005-1 IA 1 (Public Services) in the
amount of special taxes collected?
SECTION 12. Vote. The appropriate mark placed in the voting square following the
word “YES” shall be counted in favor of the adoption of the proposition, and the appropriate
mark placed in the voting square following the word “NO” in the manner as authorized, shall be
counted against the adoption of such proposition.
SECTION 13. Election Procedure. The Election Official is hereby authorized to take
any and all steps necessary for holding the above election. The Election Official shall perform
and render all services and proceedings incidental to and connected with the conduct of the
election, including but not limited to, the following:
Page 11 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
1
1. Prepare and furnish the necessary election supplies for the conduct of the election
2. Cause to be printed the requisite number of official ballots, tally sheets and other
necessary forms.
3. Furnish official ballots for the qualified elector of CFD No. 2005-1 IA 1.
4. Cause the official ballots to be presented to the qualified elector, as required by law.
5. Receive the returns of the election and supplies
6. Sort and assemble the election material and supplies in preparation for the
canvassing of the returns.
7. Canvass the return of the election.
8. Furnish a tabulation of the number of votes given in the election.
9. Conduct and handle all other matters relating to the proceedings and conduct of
the election in the manner and form as required by law.
SECTION 14. Effective Date. This Resolution shall become effective upon its
adoption.
PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day
of July, 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
Page 12 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
1A
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
IMPROVEMENT AREA NO. 1 OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
The services which CFD No. 2005-1 IA 1 is authorized to finance are in addition to
those provided in or required for the territory within CFD No. 2005-1 IA 1 and will not be
replacing services already available. A general description of the services to be
financed is as follows:
POLICE AND FIRE SERVICES
Police services and fire protection and suppression services (the “Ser vices”) of the City
of Atascadero required to sustain the service delivery capability for emergency and non -
emergency services to new growth areas of the City of Atascadero, including but not
limited to, related facilities, equipment, vehicles, ambulances and paramedics, fire
apparatus, services, supplies and personnel; provided, however, that any increases in
special taxes for costs related to employee wages and benefits shall be limited as
provided in the Rate and Method of Apportionment of the Special T axes to fund such
Services.
PARK SERVICES
Park services of the City of Atascadero required for the operation and maintenance of
public parks.
The City of Atascadero is authorized to finance and direct administrative and incidental
annual costs and expenses necessary to provide the maintenance and servicing for
public services. No additional services will be necessary or provided in CFD No. 2005 -1
and the services as described for CFD No. 2005-1 IA 1 will serve the properties within
CFD No. 2005-1 IA 1. It is presently intended that the services will be provided, without
preference or priority, to the existing territory in CFD No. 2005 -1 IA 1.
The above services shall be limited to those provided within the boundaries of CFD No.
2005-1 IA 1 or for the benefit of the properties within the boundaries of CFD No.
2005-1 IA 1 and said services may be financed by proceeds of the special tax of CFD
No. 2005-1 IA 1 only to the extent that they are in addition to those provided in the
territory of CFD No. 2005-1 IA 1 before CFD No. 2005-1 IA 1 was created.
Page 13 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
1B
EXHIBIT B
CITY OF ATASCADERO
IMPROVEMENT AREA NO. 1 OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
RATE AND METHOD OF APPORTIONMENT
A Special Tax of Improvement Area No. 1 of Community Facilities District No. 2005-1 (Public
Services) of the City of Atascadero ("CFD") shall be levied on all Assessor's Parcels in the CFD and
collected each Fiscal Year commencing in Fiscal Year 2019-20 in an amount determined by the
City through the application of the rate and method of apportionment of the Special Tax set forth
below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall
be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on
the applicable final subdivision map, other final map, other parcel map, other condominium plan, or
functionally equivalent map or instrument recorded in the Office of the County Recorder. The square
footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part
1, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City as administrator
of the CFD to determine, levy and collect the Special Taxes, including salaries, benefits and overhead
costs of City employees whose duties are directly related to administration of the CFD an d the fees of
consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general
tax rolls, preparation of required reports; and any other costs required to administer the CFD as
determined by the City.
"Affordable Unit(s)" means dwelling units located on one or more Assessor’s Parcels of
Residential Property that are subject to deed restrictions, resale restrictions, and/or regulatory
agreements recorded in favor of the City providing for affordable housing. Afforda ble Units will require
annual application to the City for verification of their affordable housing status. The City will have
the authority to approve and establish policies regarding Affordable Housing Dwelling Units and their
status.
Affordable dwelling units shall be classified as Affordable Units by the CFD Administrator in the
chronological order in which the building permits for such property are issued.
"Annual Escalation Factor" means the greater of, five percent (5%) or the annual percentage change
in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-San Jose
Area or comparable index if such index is no longer in use.
"Approved Property" means an Assessor’s Parcel and/or Lot in the District, which has a Final
Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied,
but for which no building permit has been issued prior to the May 1 st preceding the Fiscal Year in
which the Special Tax is being levied. The term "Approved Property" shall apply only to Assessors’
Parcels and/or Lots, which have been subdivided for the purpose of residential or commercial
development, excluding any Assessor’s Parcel that is designated as a remainder parcel determined
by final documents and/or maps available to the CFD Administrator.
Page 14 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
1B
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"Base Year" means Fiscal Year ending June 30, 2019.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining
the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
"CFD" means Improvement Area No. 1 of Community Facilities District No. 2005-1 (Public Services)
of the City of Atascadero.
"City" means the City of Atascadero.
"Council" means the City Council of the City of Atascadero, acting as the legislative body of the CFD.
"County" means the County of San Luis Obispo, California.
"Developed Property" means all Taxable Property, exclusive of Property Owner Association
Property, or Public Property, for which a building permit was issued after July 1, 2019 and prior
to May 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Final Map" means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other
final map, other condominium plan, or functionally equivalent map that has been recorded in the Office
of the County Recorder.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Land Use Class" means any class provided for in Title 9 of the City’s Municipal Code, or other such
similar document, as determined by the CFD Administrator.
"Lot" means property within a recorded Final Map identified by a lot number for which a building
permit has been issued or may potentially be issued.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section
C below that can be levied in the CFD in any Fiscal Year on any Assessor’s Parcel.
"Multi-Family Residence" means all Assessor’s Parcels of Developed Property for which a
building permit has been issued for a residential structure consisting of two or more residential units
that share common walls, including, but not limited to, duplexes, triplexes, townhomes,
condominiums, apartment units, and secondary units as defined in Ordinance No. 454.
“Mixed-Use Residential Property” means all Lot(s) for which one or more building permit(s) has been
issued for a combination of non-residential and residential uses.
“Mixed-Use Residential Property– Qualified” means all Lot(s) classified as Mixed-Use Residential
Property which meet all of the following criteria:
1. Located in the Downtown Commercial Zoning District as defined by Title 9 of the City’s
Municipal Code.
2. Has a substantial Quality Retail component, which must not be less than 30% of the total
square foot space, as determined by the CFD Administrator.
3. Is located within a building that is vertical mixed-use with commercial uses on the ground floor.
4. The building must be of superior quality and architecture, as determined by the CFD
Administrator.
5. Must be maintained at the same level as the City maintains similar properties throughout the
City, as determined by Council.
Page 15 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
1B
"Non-Residential Property" means all Assessor’s Parcels of Developed Property for which a
building permit(s) has been issued for a non- residential use and does not contain any Residential
Units as defined under Residential Property or Multi-Family Residence.
"Park Services" means the estimated and reasonable costs for maintaining authorized parks within
the City.
"Property Owner Association Property" means any property within the boundaries of the CFD that
is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder
to, a property owner association, including any master or sub-association.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the
Maximum Special Tax is equal for all applicable Assessor’s Parcels.
"Public Property" means any property within the boundaries of the CFD that is, at the time of the
CFD formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools
or any other public purpose and is owned by or irrevocably offered for dedication to the federal
government, the State, the County, the City or any other public agency.
"Public Safety Costs" means the estimated and reasonable costs of providing Public Safety
services, including but not limited to (i) the costs of contracting for police and fire services, (ii)
related facilities, equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the
salaries and benefits of City staff if the City directly provides police and fire protection services, and
(iv) City overhead costs associated with providing such services within the CFD. The Special Tax
provides only partial funding for Public Safety.
“Quality Retail” means a land use pursuant to Title 9, Chapter 3 of the Atascadero Municipal C ode,
including but not limited to: Bar/Tavern, Eating & drinking places, Microbrewery – brewpub, Tasting
room, Artisan Foods & products, General retail and Hotels/Motels, all as determined by the CFD
Administrator.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building
permit has been issued for purposes of constructing one or more Residential Units, as determined by
the CFD Administrator.
"Residential Unit" means any residence in which a person or persons ma y live, which comprises an
independent facility capable of conveyance separate from adjacent residential dwelling units and is not
considered to be for commercial or industrial use. This includes Single-Family Residence and Multi-
Family Residence.
"Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one residential dwelling unit.
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel
of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or
to be levied under Sections C and D, below.
"Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (i) pay
for Public Safety Costs; (ii) pay for Park Services; (iii) pay reasonable Administrative Expenses; (vi) pay
any amounts required to establish or replenish any reserve funds; and (v) pay for reasonably
anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the
previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax
levy.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD that are
not exempt from the Special Tax pursuant to law or as defined below.
Page 16 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
1B
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-Exempt
Property includes: (i) Public Property, (ii) Property Owner Association Property, and (iii) property
designated by the City or CFD Administrator as Tax-Exempt Property.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property or Approved Property, including an Assessor’s Parcel that is designated as a
remainder parcel and is not identified as potential Public Property by any final document and/or maps
available to the CFD Administrator.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the CFD shall be classified
as Developed Property, Approved Property, or Undeveloped Property. Developed Property shall
further be classified as Non-Residential Property, Residential Property, Mixed-Use Residential
Property or Mixed-Use Residential Property-Qualified and shall be subject to Special Taxes pursuant
to Sections C and D below.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Residential Property
Improvement Area No. 1 of Community Facilities
District No. 2005-1 (Public Services)
Description Maximum Special Tax Per Unit
Residential Units $679.84 per Unit
Affordable Units $0 per Unit
On each July 1, commencing July 1, 2020, the Maximum Special Tax Rates shall be increased in
accordance with the Annual Escalation Factor.
TABLE 2
Maximum Special Tax for Mixed-Use Residential Property and Mixed-Use Residential Property-
Qualified
Improvement Area No. 1 of Community Facilities
District No. 2005-1 (Public Services)
Description Maximum Special Tax Per Residential
Unit
Mixed-Use Residential Property $679.84 per Unit
Mixed-Use Residential Property- Qualified $441.90 per Unit
On each July 1, commencing July 1, 2020, the Maximum Special Tax Rates shall be increased in
accordance with the Annual Escalation Factor.
Page 17 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
1B
2. Approved Property
TABLE 3
Maximum Special Tax for Approved Property
Improvement Area No. 1 of Community Facilities District No.
2005-1 (Public Services)
Description Maximum Special Tax Per Lot
Approved Property $356.92 per Lot
On each July 1, commencing July 1, 2020, the Maximum Special Tax Rate shall be increased in
accordance with the Annual Escalation Factor.
3. Non-Residential Property
TABLE 4
Maximum Special Tax for Non-Residential Property
Improvement Area No. 1 of Community Facilities District No. 2005-1
(Public Services)
Description Maximum Special Tax Per Acre
Non-Residential Property $2,855.33 per Acre
The minimum special tax Non-Residential Property shall be subject to is $77.25 per parcel. On each
July 1, commencing July 1, 2020, the Maximum Special Tax Rate for Non-Residential Property shall be
increased in accordance with the Annual Escalation Factor.
4. Undeveloped Property
Undeveloped Property will be assigned a Maximum Special Tax Rate of $633.49 per acre or portion
thereof, with a minimum rate of $154.51 for Undeveloped Property less than or equal to one-fourth
(1/4) of an Acre as described in Table 4.
TABLE 5
Maximum Special Tax for Undeveloped Property
Improvement Area No. 1 of Community Facilities District No. 2005-1
(Public Services)
Description Maximum Special Tax Per Parcel/Acre
Undeveloped Property
1/4 Acre $154.51 per Parcel
Undeveloped Property
>1/4 Acre $633.49 per Acre
On each July 1, commencing July 1, 2020, the Maximum Special Tax Rate, for Undeveloped Property,
shall be increased in accordance with the Annual Escalation Factor
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2019-20, and for each following Fiscal Year, the CFD Administrator
shall calculate the Special Tax Requirement based on the definitions in Section A and levy the
Special Tax until the amount of the Special Tax levied equals the Special Tax Requirement.
Page 18 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
1B Step 1:
The Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Developed
Propert y classified as Residential Property, Mixed-Use Residential Property or Mixed-Use Residential
Property- Qualified Proportionately up to 100% of the applicable Maximum Special Tax.
Step 2:
If the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be
levied each Fiscal Year on each Assessor’s Parcel of Approved Property up to 100% of the
applicable Maximum Special Tax for Approved Property.
Step 3:
If the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be
levied each Fiscal Year on each Assessor’s Parcel of Developed Property which is classified as Non-
Residential Property up to 100% of the applicable Maximum Special Tax.
Step 4:
Lastly, if the preceding steps have not satisfied the Special Tax Requirement, then the Special Tax
shall be levied each Fiscal Year on each Assessor’s Parcel of Undeveloped Property up to 100% of the
applicable Maximum Special Tax for Undeveloped Property.
E. APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to a Parcel is in error may file
a written notice with the CFD Administrator appealing the levy of the Special Tax. This notice is
required to be filed with the CFD Administrator during the Fiscal Year the error is believed to have
occurred. The CFD Administrator or designee will then promptly review the appeal and, if
necessary, meet with the taxpayer. If the CFD Administrator verifies that the tax should be changed
the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.
F. MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the
same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator
may directly bill the Special Tax, may collect Special Taxes at a different time or in a different
manner if necessary to meet the financial obligations of the CFD or as otherwise determined
appropriate by the CFD Administrator.
G. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity or until such time as Council terminates the Special Tax.
H. INTERPRETATION
Council may interpret this Rate and Method of Apportionment of Special Tax by ordinance or resolution
for purposes of clarifying any vagueness or ambiguity. Any decision of Council shall be final and binding
as to all persons.
Page 19 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
2
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ACTING AS THE
LEGISLATIVE CODY OF IMPROVEMENT AREA NO. 1 OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES) OF THE CITY OF ATASCADERO,
DECLARING THE RESULTS OF A SPECIAL ELECTION IN
SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Atascadero (the “City”)
has previously undertaken proceedings to establis h and did establish an improvement area of a
community facilities district pursuant to the terms and provisions of the “Mello-Roos
Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California (the “Act”). This improvement area of a community
facilities district shall hereinafter be referred to as Improvement Area 1 of Community Facilities
District No. 2005-1 (Public Services) of the City of Atascadero (“CFD No. 2005-1 IA 1”); and
WHEREAS, this City Council did call for and order to be held an election to submit to
the qualified electors of CFD No. 2005-1 IA 1 propositions relating to the levy of a special tax
within CFD No. 2005-1 IA 1 and the establishment of an appropriations limit for CFD No. 2005-
1 IA 1; and
WHEREAS, at this time said election has been held and the measure voted upon and
such measure did receive the favorable two-thirds vote of the qualified electors, and this City
Council desires to declare the results of the election in accordance with the provisions of the
Elections Code of the State of California.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This City Council hereby receives and approves the Certificate of Election
Official and Statement of Votes Cast (“Certificate and Statement”), as submitted by the City
Clerk, acting in her capacity as the election official, said statement setting forth the number of
votes cast in the election, the measures voted upon, and the number of votes given for and/or
against the measures voted upon. A copy of the Certificate and Statement attached as Exhibit A
to this Resolution and incorporated herein by this reference.
SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the
Elections Code of the State of California, to enter in the minutes the results of the election as set
forth in the Certificate and Statement.
Page 20 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
2
SECTION 4. This Resolution shall become effective upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day
of July, 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
Page 21 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
2A
EXHIBIT A
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )ss.
CITY OF ATASCADERO )
The undersigned, ELECTION OFFICIAL OF THE CITY OF ATASCADERO, COUNTY
OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that
pursuant to the provisions of Section 53326 of the Government Code and Division 12,
commencing with Section 17000 of the Elections Code of the State of California, I did
canvass the returns of the votes cast at the
CITY OF ATASCADERO
IMPROVEMENT AREA NO. 1 OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES)
SPECIAL ELECTION
In such Community Facilities District, held July 26, 2019.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of
votes cast in said Community Facilities District, and the whole number of votes cast for
the Measures in such Community Facilities District, and the totals of the respective
columns and the totals as shown for the Measures are full, true and correct.
1. VOTES CAST ON PROPOSITION A: YES ____________
NO ____________
Proposition A
Shall the City Council of the City of Atascadero be
authorized to levy a special tax on an annual basis at the
rates and apportioned as described in Exhibit B to the
Resolution Declaring its Intention to Establish
Improvement Area 1 of Community Facilities District No.
2005-1 (Public Services) adopted by the City Council on
June 11, 2019 (the “Resolution”), which is incorporated
herein by this reference, within the territory identified on
the map entitled “Boundary Map Improvement Area No. 1
Community Facilities District No. 2005-1 (Public Services)
City of Atascadero, County of San Luis Obispo” to finance
certain services as set forth in Section 5 of the Resolution
(including incidental expenses), and shall an appropriation
Page 22 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
2A
limit be established for the Community Facilities District
No. 2005-1 IA 1 (Public Services) in the amount of special
taxes collected?
WITNESS my hand this ___________ day of _________________, 201 9.
CITY CLERK
ELECTION OFFICIAL
CITY OF ATASCADERO
STATE OF CALIFORNIA
Page 23 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
3
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF IMPROVEMENT AREA NO. 1 OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SERVICES) OF THE CITY OF ATASCADERO,
AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH
COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Atascadero (the
“City”), has undertaken proceedings to establish and has established an improvement area of a
community facilities district and conducted an election therein and received a favorable vote
from the qualified electors authorizing the levy of special taxes in such community facilities
district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community
Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of
the State of California (the “Act”). This improvement area of a community facilities district is
designated as Improvement Area No. 1 of Community Facilities District No. 2005-1 (Public
Services) of the City of Atascadero (“CFD No. 2005-1 IA 1”); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO,
ACTING AS THE LEGISLATIVE BODY OF CFD NO. 2005-1 IA 1, HEREBY ORDAINS
AS FOLLOWS:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the
levy of special taxes on taxable properties located in CFD No. 2005-1 IA 1 pursuant to the Rate
and Method of Apportionment of Special Tax as set forth in Exhibit “A” attached hereto and
incorporated herein by this reference (the “Rate and Method”).
SECTION 2. This City Council, acting as the legislative body of CFD No. 2005-1 IA 1,
is hereby further authorized, by resolution, to annually determine the special tax to be levied
within CFD No. 2005-1 IA 1 for the then current tax year or future tax years; provided, however,
the special tax to be levied shall not exceed the maximum special tax authorized to be levied
pursuant to the Rates and Method.
SECTION 3. The special taxes herein authorized to be levied, to the extent possible,
shall be collected in the same manner as ad valorem property taxes and shall be subject to the
same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad
valorem taxes; provided, however that the City may utilize a direct billing procedure for any
special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect
the special taxes as a different time or in a different manner if necessary to meet its financial
obligations.
Page 24 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
3
SECTION 4. The special taxes authorized to be levied shall be secured by the lien
imposed pursuant to Section 3114.5 and 3115.5 of the Streets and Highways Code of the State of
California, which lien shall be a continuing lien and shall secure each levy of the special tax. The
lien of the special tax shall continue in force and effect until the special tax obligation is canceled
in accordance with Section 53344 of the Government Code of the State of California or until the
special tax ceases to be levied by the City Council in the manner provided in Section 5330.5 of
said Government Code.
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within
fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a
newspaper of general circulation pursuant to the provisions of California Government Code
Section 36933.
INTRODUCED at a regular meeting of the City Council held on July 26, 2019, and PASSED,
APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California,
on ____, 2019.
CITY OF ATASCADERO
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 25 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
3A
EXHIBIT A
CITY OF ATASCADERO
IMPROVEMENT AREA NO. 1 OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
RATE AND METHOD OF APPORTIONMENT
A Special Tax of Improvement Area No. 1 of Community Facilities District No. 2005-1 (Public
Services) of the City of Atascadero ("CFD") shall be levied on all Assessor's Parcels in the CFD and
collected each Fiscal Year commencing in Fiscal Year 2019-20 in an amount determined by the
City through the application of the rate and method of apportionment of the Special Tax set forth
below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall
be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on
the applicable final subdivision map, other final map, other parcel map, other condominium plan, or
functionally equivalent map or instrument recorded in the Office of the County Recorder. The square
footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part
1, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City as administrator
of the CFD to determine, levy and collect the Special Taxes, including salaries, benefits and overhead
costs of City employees whose duties are directly related to administration of the CFD an d the fees of
consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general
tax rolls, preparation of required reports; and any other costs required to administer the CFD as
determined by the City.
"Affordable Unit(s)" means dwelling units located on one or more Assessor’s Parcels of
Residential Property that are subject to deed restrictions, resale restrictions, and/or regulatory
agreements recorded in favor of the City providing for affordable housing. Affordable Units will require
annual application to the City for verification of their affordable housing status. The City will have
the authority to approve and establish policies regarding Affordable Housing Dwelling Units and their
status.
Affordable dwelling units shall be classified as Affordable Units by the CFD Administrator in the
chronological order in which the building permits for such property are issued.
"Annual Escalation Factor" means the greater of, five percent (5%) or the annual percentage change
in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-San Jose
Area or comparable index if such index is no longer in use.
"Approved Property" means an Assessor’s Parcel and/or Lot in the District, which has a Final
Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied,
but for which no building permit has been issued prior to the May 1 st preceding the Fiscal Year in
which the Special Tax is being levied. The term "Approved Property" shall apply only to Assessors’
Parcels and/or Lots, which have been subdivided for the purpose of residential or commercial
development, excluding any Assessor’s Parcel that is designated as a remainder parcel determined
by final documents and/or maps available to the CFD Administrator.
Page 26 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
3A
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"Base Year" means Fiscal Year ending June 30, 2019.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining
the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
"CFD" means Improvement Area No. 1 of Community Facilities District No. 2005-1 (Public Services)
of the City of Atascadero.
"City" means the City of Atascadero.
"Council" means the City Council of the City of Atascadero, acting as the legislative body of the CFD.
"County" means the County of San Luis Obispo, California.
"Developed Property" means all Taxable Property, exclusive of Property Owner Association
Property, or Public Property, for which a building permit was issued after July 1, 2019 and prior
to May 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Final Map" means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other
final map, other condominium plan, or functionally equivalent map that has been recorded in the Office
of the County Recorder.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Land Use Class" means any class provided for in Title 9 of the City’s Municipal Code, or other such
similar document, as determined by the CFD Administrator.
"Lot" means property within a recorded Final Map identified by a lot number for which a building
permit has been issued or may potentially be issued.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section
C below that can be levied in the CFD in any Fiscal Year on any Assessor’s Parcel.
"Multi-Family Residence" means all Assessor’s Parcels of Developed Property for which a
building permit has been issued for a residential structure consisting of two or more residential units
that share common walls, including, but not limited to, duplexes, triplexes, townhomes,
condominiums, apartment units, and secondary units as defined in Ordinance No. 454.
“Mixed-Use Residential Property” means all Lot(s) for which one or more building permit(s) has been
issued for a combination of non-residential and residential uses.
“Mixed-Use Residential Property– Qualified” means all Lot(s) classified as Mixed-Use Residential
Property which meet all of the following criteria:
1. Located in the Downtown Commercial Zoning District as defined by Title 9 of the City’s
Municipal Code.
2. Has a substantial Quality Retail component, which must not be less than 30% of the total
square foot space, as determined by the CFD Administrator.
3. Is located within a building that is vertical mixed-use with commercial uses on the ground floor.
4. The building must be of superior quality and architecture, as determined by the CFD
Administrator.
5. Must be maintained at the same level as the City maintains similar properties throughout the
City, as determined by Council.
Page 27 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
3A
"Non-Residential Property" means all Assessor’s Parcels of Developed Property for which a
building permit(s) has been issued for a non- residential use and does not contain any Residential
Units as defined under Residential Property or Multi-Family Residence.
"Park Services" means the estimated and reasonable costs for maintaining authorized parks within
the City.
"Property Owner Association Property" means any property within the boundaries of the CFD that
is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder
to, a property owner association, including any master or sub-association.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the
Maximum Special Tax is equal for all applicable Assessor’s Parcels.
"Public Property" means any property within the boundaries of the CFD that is, at the time of the
CFD formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools
or any other public purpose and is owned by or irrevocably offered for dedication to the federal
government, the State, the County, the City or any other public agency.
"Public Safety Costs" means the estimated and reasonable costs of providing Public Safety
services, including but not limited to (i) the costs of contracting for police and fire services, (ii)
related facilities, equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the
salaries and benefits of City staff if the City directly provides police and fire protection services, and
(iv) City overhead costs associated with providing such services within the CFD. The Special Tax
provides only partial funding for Public Safety.
“Quality Retail” means a land use pursuant to Title 9, Chapter 3 of the Atascadero Municipal Code,
including but not limited to: Bar/Tavern, Eating & drinking places, Microbrewery – brewpub, Tasting
room, Artisan Foods & products, General retail and Hotels/Motels, all as determined by the CFD
Administrator.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building
permit has been issued for purposes of constructing one or more Residential Units, as determined by
the CFD Administrator.
"Residential Unit" means any residence in which a person or persons may live, which comprises an
independent facility capable of conveyance separate from adjacent residential dwelling units and is not
considered to be for commercial or industrial use. This includ es Single-Family Residence and Multi-
Family Residence.
"Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one residential dwelling unit.
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel
of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or
to be levied under Sections C and D, below.
"Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (i) pay
for Public Safety Costs; (ii) pay for Park Services; (iii) pay reasonable Administrative Expenses; (vi) pay
any amounts required to establish or replenish any reserve funds; and (v) pay for reasonably
anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the
previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax
levy.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD that are
not exempt from the Special Tax pursuant to law or as defined below.
Page 28 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
3A
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-Exempt
Property includes: (i) Public Property, (ii) Property Owner Association Property, and (iii) property
designated by the City or CFD Administrator as Tax-Exempt Property.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property or Approved Property, including an Assessor’s Parcel that is designated as a
remainder parcel and is not identified as potential Public Property by any final document and/or maps
available to the CFD Administrator.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the CFD shall be classified
as Developed Property, Approved Property, or Undeveloped Property. Developed Property shall
further be classified as Non-Residential Property, Residential Property, Mixed-Use Residential
Property or Mixed-Use Residential Property-Qualified and shall be subject to Special Taxes pursuant
to Sections C and D below.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Residential Property
Improvement Area No. 1 of Community Facilities
District No. 2005-1 (Public Services)
Description Maximum Special Tax Per Unit
Residential Units $679.84 per Unit
Affordable Units $0 per Unit
On each July 1, commencing July 1, 2020, the Maximum Special Tax Rates shall be increased in
accordance with the Annual Escalation Factor.
TABLE 2
Maximum Special Tax for Mixed-Use Residential Property and Mixed-Use Residential Property-
Qualified
Improvement Area No. 1 of Community Facilities
District No. 2005-1 (Public Services)
Description Maximum Special Tax Per Residential
Unit
Mixed-Use Residential Property $679.84 per Unit
Mixed-Use Residential Property- Qualified $441.90 per Unit
On each July 1, commencing July 1, 2020, the Maximum Special Tax Rates shall be increased in
accordance with the Annual Escalation Factor.
Page 29 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
3A 2. Approved Property
TABLE 3
Maximum Special Tax for Approved Property
Improvement Area No. 1 of Community Facilities District No.
2005-1 (Public Services)
Description Maximum Special Tax Per Lot
Approved Property $356.92 per Lot
On each July 1, commencing July 1, 2020, the Maximum Special Tax Rate shall be increased in
accordance with the Annual Escalation Factor.
3. Non-Residential Property
TABLE 4
Maximum Special Tax for Non-Residential Property
Improvement Area No. 1 of Community Facilities District No. 2005-1
(Public Services)
Description Maximum Special Tax Per Acre
Non-Residential Property $2,855.33 per Acre
The minimum special tax Non-Residential Property shall be subject to is $77.25 per parcel. On each
July 1, commencing July 1, 2020, the Maximum Special Tax Rate for Non-Residential Property shall be
increased in accordance with the Annual Escalation Factor.
4. Undeveloped Property
Undeveloped Property will be assigned a Maximum Special Tax Rate of $633.49 per acre or portion
thereof, with a minimum rate of $154.51 for Undeveloped Property less than or equal to one-fourth
(1/4) of an Acre as described in Table 4.
TABLE 5
Maximum Special Tax for Undeveloped Property
Improvement Area No. 1 of Community Facilities District No. 2005-1
(Public Services)
Description Maximum Special Tax Per Parcel/Acre
Undeveloped Property
1/4 Acre $154.51 per Parcel
Undeveloped Property
>1/4 Acre $633.49 per Acre
On each July 1, commencing July 1, 2020 , the Maximum Special Tax Rate, for Undeveloped Property,
shall be increased in accordance with the Annual Escalation Factor
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2019-20, and for each following Fiscal Year, the CFD Administrator
shall calculate the Special Tax Requirement based on the definitions in Section A and levy the
Special Tax until the amount of the Special Tax levied equals the Special Tax Requirement.
Step 1:
The Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Developed
Propert y classified as Residential Property, Mixed-Use Residential Property or Mixed-Use Residential
Page 30 of 63
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
07/26/19
3A Property- Qualified Proportionately up to 100% of the applicable Maximum Special Tax.
Step 2:
If the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be
levied each Fiscal Year on each Assessor’s Parcel of Approved Property up to 100% of the
applicable Maximum Special Tax for Approved Property.
Step 3:
If the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be
levied each Fiscal Year on each Assessor’s Parcel of Developed Property which is classified as Non-
Residential Property up to 100% of the applicable Maximum Special Tax.
Step 4:
Lastly, if the preceding steps have not satisfied the Special Tax Requirement, then the Special Tax
shall be levied each Fiscal Year on each Assessor’s Parcel of Undeveloped Property up to 100% of the
applicable Maximum Special Tax for Undeveloped Property.
E. APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to a Parcel is in error may file
a written notice with the CFD Administrator appealing the levy of the Special Tax. This notice is
required to be filed with the CFD Administrator during the Fiscal Year the error is believed to have
occurred. The CFD Administrator or designee will then promptly review the appeal and, if
necessary, meet with the taxpayer. If the CFD Administrator verifies that the tax should be changed
the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.
F. MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the
same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator
may directly bill the Special Tax, may collect Special Taxes at a different time or in a different
manner if necessary to meet the financial obligations of the CFD or as otherwise determined
appropriate by the CFD Administrator.
G. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity or until such time as Council terminates the Special Tax.
H. INTERPRETATION
Council may interpret this Rate and Method of Apportionment of Special Tax by ordinance or resolution
for purposes of clarifying any vagueness or ambiguity. Any decision of Council shal l be final and binding
as to all persons.
Page 31 of 63
‐
City of Atascadero
Community Facilities District No. 2005-1 IA 1
(Public Services)
Prepared for:
July 2019
Community Facilities District Report
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 32 of 63
Table of Contents
Sections
Section 1. Introduction _______________________________________________________ 1
Section 2. Description of Services _______________________________________________ 2
Section 3. Cost Estimate ______________________________________________________ 3
Section 4. Proposed Development ______________________________________________ 4
Section 5. Rate and Method of Apportionment ____________________________________ 5
Tables
Table 3‐1. Cost Estimate per Unit _______________________________________________ 3
Appendices
Appendix A. Rate and Method of Apportionment
Appendix B. Boundary Map
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 33 of 63
1. Introduction
City of Atascadero Community Facilities District Report
Community Facilities District No. 2005-1 IA 1 (Public Services) 1
AGENCY: CITY OF ATASCADERO
PROJECT: COMMUNITY FACILITIES DISTRICT NO. 2005‐1 IA 1
(PUBLIC SERVICES)
TO: CITY COUNCIL
CITY OF ATASCADERO
SAN LUIS OBISPO COUNTY
STATE OF CALIFORNIA
Whereas, the City Council of CITY OF ATASCADERO, SAN LUIS OBISPO COUNTY, CALIFORNIA (hereinafter referred
to as the “City Council”), did, pursuant to the provisions of the “Mello‐Roos Community Facilities Act of 1982”,
being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically
Section 53321.5 thereof, (the “Act”) ordered the filing of a written Public Report (the “Report”) with the City
Council for a proposed Community Facilities District. This Community Facilities District shall be referred to as
IMPROVEMENT AREA 1 OF COMMUNITY FACILITIES DISTRICT NO. 2005‐1 (PUBLIC SERVICES) of the CITY OF
ATASCADERO (hereinafter referred to as the “District” and “CFD No. 2005‐1 IA 1”); and,
Whereas, on June 11, 2019, the City Council adopted Resolution No. 2019‐053 (the “Resolution”), and the
Resolution ordering said Report, did direct that said Report generally contain the following:
A brief description of the authorized services by type proposed to be financed by CFD No. 2005‐1 IA 1;
An estimate setting forth costs of providing such public services;
NOW, THEREFORE, the undersigned, authorized representative of WEBB MUNICIPAL FINANCE, LLC, the appointed
Special Tax Consultant and responsible officer or person directed to prepare the Report, pursuant to the provisions
of the Act, does hereby submit the following data:
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 34 of 63
2. Description of Services
City of Atascadero Community Facilities District Report
Community Facilities District No. 2005-1 IA 1 (Public Services) 2
The services which may be funded with proceeds of the special tax of CFD No. 2005‐1 IA 1, shall consist of services
permitted by the Mello‐Roos Community Facilities Act of. These services include, but are not limited to the
following:
(a) Police services and fire protection and suppression services (the “Services”) of the City of Atascadero
required to sustain the service delivery capability for emergency and non‐emergency services to new growth areas
of the City of Atascadero, including but not limited to, related facilities, equipment, vehicles, ambulances and
paramedics, fire apparatus, services, supplies and personnel; provided, however, that any increases in special
taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of
Apportionment of the Special Taxes to fund such Services.
(b) Park services of the City of Atascadero required for the operation and maintenance of public parks.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be
expended to pay Administrative Expenses.
The above services shall be limited to those provided within the boundaries of CFD No. 2005‐1 IA 1 or for the
benefit of the properties within the boundaries of CFD No. 2005‐1 IA 1, and said services may be financed by
proceeds of the special tax of CFD No. 2005‐1 IA 1 only to the extent that they are in addition to those provided
in the territory of CFD No. 2005‐1 IA 1 before CFD No. 2005‐1 IA 1 was created.
It is my opinion that the above described services are those that are necessary to meet increased demands placed
upon the City of Atascadero as a result of development occurring within the CFD No. 2005‐1 IA 1.
DATED _ July 11, 2019 WEBB MUNICIPAL FINANCE, LLC
By: _______________________________
SPECIAL TAX CONSULTANT FOR
CITY OF ATASCADERO
SAN LUIS OBISPO COUNTY
STATE OF CALIFORNIA
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 35 of 63
3. Cost Estimate
City of Atascadero Community Facilities District Report
Community Facilities District No. 2005-1 IA 1 (Public Services) 3
1. The cost estimate, including incidental expenses, to be financed through the Special Tax of CFD No. 2005‐1 IA
1 is estimated to be $441.90 per unit based upon current dollars (2019) which is subject to escalation;
2. The estimated annual cost (in 2019 dollars) of providing public services for the subject properties is detailed
below. The public services funded by the special taxes of the Community Facilities District No. 2005‐1 IA 1
(Public Services), as outlined above, will be as follows:
Table 3‐1
Cost Estimate per Unit
Description
Estimated Cost
per Unit
Police/Fire and Park Services $441.90
$441.90
DATED _ July 11, 2019 WEBB MUNICIPAL FINANCE, LLC
By: _______________________________
SPECIAL TAX CONSULTANT FOR
CITY OF ATASCADERO
SAN LUIS OBISPO COUNTY
STATE OF CALIFORNIA
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 36 of 63
4. Proposed Development
City of Atascadero Community Facilities District Report
Community Facilities District No. 2005-1 IA 1 (Public Services) 4
CFD No. 2005‐1 IA 1 is intended to be comprised of mixed‐use residential and commercial property. The property
is located south of El Camino Real and west of East Mall, within the City of Atascadero, California. The development
of the property within the Boundaries of CFD No. 2005‐1 IA 1 may change based upon land ownership in the
future.
As of Fiscal Year 2018‐19, the proposed District boundaries include the following Assessor’s Parcel Numbers: 030‐
191‐016, 030‐191‐017, 030‐191‐030, 030‐191‐031, 030‐191‐033, and 030‐193‐003.
The Boundary Map for CFD No. 2005‐1 IA 1 is attached hereto as Appendix B.
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 37 of 63
5. Rate and Method of Apportionment
City of Atascadero Community Facilities District Report
Community Facilities District No. 2005-1 IA 1 (Public Services) 5
1. The Rate and Method of Apportionment allows each property owner within CFD No. 2005‐1 IA 1 to estimate
the annual Special Tax amount that would be required for payment. The Rate and Method of Apportionment
of the Special Tax established pursuant to these proceedings, is attached hereto as Appendix A (the “Rate and
Method”). The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem
property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the
case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, and may
collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations.
2. All of the property located within CFD No. 2005‐1 IA 1, unless exempted by law or by the Rate and Method
proposed for CFD No. 2005‐1 IA 1, shall be taxed for the purpose of providing necessary services to serve the
District. The Boundary Map for CFD No. 2005‐1 IA 1 is attached hereto as Appendix B. Pursuant to Section
53325.3 of the Act, the tax imposed “is a Special Tax and not a special assessment, and there is no requirement
that the tax be apportioned on the basis of benefit to any property.” The Special Tax may be based on the
benefit received by property, the cost of making authorized Services available or other reasonable basis as
determined by the City Council, although the Special Tax may not be apportioned on an ad valorem basis
pursuant to Article XIIIA of the California Constitution.
3. For particulars as to the Rate and Method for CFD No. 2005‐1 IA 1, see the attached and incorporated
Appendix A.
It is my opinion that the Rate and Method, as described above and set forth in Appendix A is fair and reasonable.
This Report has been prepared and consolidated by the Special Tax Consultant, Webb Municipal Finance, LLC, and
is herewith submitted to the City Council pursuant to the applicable provisions of the Mello‐Roos Community
Facilities Act of 1982.
DATED _July 11, 2019 WEBB MUNICIPAL FINANCE, LLC
By: _______________________________
SPECIAL TAX CONSULTANT FOR
CITY OF ATASCADERO
SAN LUIS OBISPO COUNTY
STATE OF CALIFORNIA
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 38 of 63
APPENDIX A
Rate and Method of Apportionment
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 39 of 63
APPENDIX A
CITY OF ATASCADERO
IMPROVEMENT AREA 1 OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
RATE AND METHOD OF APPORTIONMENT
A Special Tax of Improvement Area 1 of Community Facilities District No. 2005-1 (Public Services)
of the City of Atascadero ("CFD") shall be levied on all Assessor's Parcels in the CFD and collected
each Fiscal Year commencing in Fiscal Year 2019-20 in an amount determined by the City through
the application of the rate and method of apportionment of the Special Tax set forth below. All of the
real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the
purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel
Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the
applicable final subdivision map, other final map, other parcel map, other condominium plan, or
functionally equivalent map or instrument recorded in the Office of the County Recorder. The square
footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1,
Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City as administrator
of the CFD to determine, levy and collect the Special Taxes, including salaries, benefits and overhead
costs of City employees whose duties are directly related to administration of the CFD and the fees of
consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax
rolls, preparation of required reports; and any other costs required to administer the CFD as determined
by the City.
"Affordable Unit(s)" means dwelling units located on one or more Assessor’s Parcels of Residential
Property that are subject to deed restrictions, resale restrictions, and/or regulatory agreements recorded
in favor of the City providing for affordable housing. Affordable Units will require annual application to the
City for verification of their affordable housing status. The City will have the authority to approve
and establish policies regarding Affordable Housing Dwelling Units and their status.
Affordable dwelling units shall be classified as Affordable Units by the CFD Administrator in the
chronological order in which the building permits for such property are issued.
"Annual Escalation Factor" means the greater of, five percent (5%) or the annual percentage change
in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-San Jose Area
or comparable index if such index is no longer in use.
"Approved Property" means an Assessor’s Parcel and/or Lot in the District, which has a Final Map
recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but
for which no building permit has been issued prior to the May 1st preceding the Fiscal Year in which
the Special Tax is being levied. The term "Approved Property" shall apply only to Assessors’ Parcels
and/or Lots, which have been subdivided for the purpose of residential or commercial development,
excluding any Assessor’s Parcel that is designated as a remainder parcel determined by final
documents and/or maps available to the CFD Administrator.
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 40 of 63
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned
assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels
by assessor's parcel number.
"Base Year" means Fiscal Year ending June 30, 2019.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining the
Special Tax Requirement and providing for the levy and collection of the Special Taxes.
"CFD" means Improvement Area 1 of Community Facilities District No. 2005-1 (Public Services) of the
City of Atascadero.
"City" means the City of Atascadero.
"Council" means the City Council of the City of Atascadero, acting as the legislative body of the CFD.
"County" means the County of San Luis Obispo, California.
"Developed Property" means all Taxable Property, exclusive of Property Owner Association Property,
or Public Property, for which a building permit was issued after July 1, 2019 and prior to May
1st preceding the Fiscal Year in which the Special Tax is being levied.
"Final Map" means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other
final map, other condominium plan, or functionally equivalent map that has been recorded in the Office
of the County Recorder.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Land Use Class" means any class provided for in Title 9 of the City’s Municipal Code, or other such
similar document, as determined by the CFD Administrator.
"Lot" means property within a recorded Final Map identified by a lot number for which a building permit
has been issued or may potentially be issued.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section
C below that can be levied in the CFD in any Fiscal Year on any Assessor’s Parcel.
"Multi-Family Residence" means all Assessor’s Parcels of Developed Property for which a building
permit has been issued for a residential structure consisting of two or more residential units that share
common walls, including, but not limited to, duplexes, triplexes, townhomes, condominiums, apartment
units, and secondary units as defined in Ordinance No. 454.
“Mixed-Use Residential Property” means all Lot(s) for which one or more building permit(s) has been
issued for a combination of non-residential and residential uses.
“Mixed-Use Residential Property– Qualified” means all Lot(s) classified as Mixed-Use Residential
Property which meet all of the following criteria:
1. Located in the Downtown Commercial Zoning District as defined by Title 9 of the City’s
Municipal Code.
2. Has a substantial Quality Retail component, which must not be less than 30% of the total
square foot space, as determined by the CFD Administrator.
3. Is located within a building that is vertical mixed-use with commercial uses on the ground floor.
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 41 of 63
4. The building must be of superior quality and architecture, as determined by the CFD
Administrator.
5. Must be maintained at the same level as the City maintains similar properties throughout the
City, as determined by Council.
"Non-Residential Property" means all Assessor’s Parcels of Developed Property for which a building
permit(s) has been issued for a non- residential use and does not contain any Residential Units as
defined under Residential Property or Multi-Family Residence.
"Park Services" means the estimated and reasonable costs for maintaining authorized parks within the
City.
"Property Owner Association Property" means any property within the boundaries of the CFD that
is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder
to, a property owner association, including any master or sub-association.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum
Special Tax is equal for all applicable Assessor’s Parcels.
"Public Property" means any property within the boundaries of the CFD that is, at the time of the CFD
formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or
any other public purpose and is owned by or irrevocably offered for dedication to the federal government,
the State, the County, the City or any other public agency.
"Public Safety Costs" means the estimated and reasonable costs of providing Public Safety services,
including but not limited to (i) the costs of contracting for police and fire services, (ii) related facilities,
equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits
of City staff if the City directly provides police and fire protection services, and (iv) City overhead costs
associated with providing such services within the CFD. The Special Tax provides only partial funding
for Public Safety.
“Quality Retail” means a land use pursuant to Title 9, Chapter 3 of the Atascadero Municipal Code,
including but not limited to: Bar/Tavern, Eating & drinking places, Microbrewery – brewpub, Tasting room,
Artisan Foods & products, General retail and Hotels/Motels, all as determined by the CFD Administrator.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit
has been issued for purposes of constructing one or more Residential Units, as determined by the CFD
Administrator.
"Residential Unit" means any residence in which a person or persons may live, which comprises an
independent facility capable of conveyance separate from adjacent residential dwelling units and is not
considered to be for commercial or industrial use. This includes Single-Family Residence and Multi-
Family Residence.
"Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a building
permit(s) has been issued for purposes of constructing one residential dwelling unit.
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel
of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or
to be levied under Sections C and D, below.
"Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (i) pay
for Public Safety Costs; (ii) pay for Park Services; (iii) pay reasonable Administrative Expenses; (vi) pay
any amounts required to establish or replenish any reserve funds; and (v) pay for reasonably
anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 42 of 63
previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD that are
not exempt from the Special Tax pursuant to law or as defined below.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-Exempt
Property includes: (i) Public Property, (ii) Property Owner Association Property, and (iii) property
designated by the City or CFD Administrator as Tax-Exempt Property.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property, including an Assessor’s Parcel that is designated as a remainder parcel
and is not identified as potential Public Property by any final document and/or maps available to the CFD
Administrator.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the CFD shall be classified
as Developed Property, Approved Property, or Undeveloped Property. Developed Property shall further
be classified as Non-Residential Property, Residential Property, Mixed-Use Residential Property or
Mixed-Use Residential Property-Qualified and shall be subject to Special Taxes pursuant to Sections C
and D below.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Residential Property
Improvement Area 1 of Community Facilities District
No. 2005-1 (Public Services)
Description Maximum Special Tax Per Unit
Residential Units $679.84 per Unit
Affordable Units $0 per Unit
On each July 1, commencing July 1, 2020, the Maximum Special Tax Rates shall be increased in
accordance with the Annual Escalation Factor.
TABLE 2
Maximum Special Tax for Mixed-Use Residential Property and Mixed-Use Residential Property-
Qualified
Improvement Area 1 of Community Facilities District
No. 2005-1 (Public Services)
Description Maximum Special Tax Per Residential
Unit
Mixed-Use Residential Property $679.84 per Unit
Mixed-Use Residential Property- Qualified $441.90 per Unit
On each July 1, commencing July 1, 2020, the Maximum Special Tax Rates shall be increased in
accordance with the Annual Escalation Factor.
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 43 of 63
2. Approved Property
TABLE 3
Maximum Special Tax for Approved Property
Improvement Area 1 of Community Facilities District No. 2005-1
(Public Services)
Description Maximum Special Tax Per Lot
Approved Property $356.92 per Lot
On each July 1, commencing July 1, 2020, the Maximum Special Tax Rate shall be increased in
accordance with the Annual Escalation Factor.
3. Non-Residential Property
TABLE 4
Maximum Special Tax for Non-Residential Property
Improvement Area 1 of Community Facilities District No. 2005-1
(Public Services)
Description Maximum Special Tax Per Acre
Non-Residential Property $2,855.33 per Acre
The minimum special tax Non-Residential Property shall be subject to is $77.25 per parcel. On each
July 1, commencing July 1, 2020, the Maximum Special Tax Rate for Non-Residential Property shall be
increased in accordance with the Annual Escalation Factor.
4. Undeveloped Property
Undeveloped Property will be assigned a Maximum Special Tax Rate of $633.49 per acre or portion
thereof, with a minimum rate of $154.51 for Undeveloped Property less than or equal to one-fourth
(1/4) of an Acre as described in Table 4.
TABLE 5
Maximum Special Tax for Undeveloped Property
Improvement Area 1 of Community Facilities District No. 2005-1
(Public Services)
Description Maximum Special Tax Per Parcel/Acre
Undeveloped Property
1/4 Acre $154.51 per Parcel
Undeveloped Property
>1/4 Acre $633.49 per Acre
On each July 1, commencing July 1, 2020, the Maximum Special Tax Rate, for Undeveloped Property,
shall be increased in accordance with the Annual Escalation Factor
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2019-20, and for each following Fiscal Year, the CFD Administrator shall
calculate the Special Tax Requirement based on the definitions in Section A and levy the Special
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 44 of 63
Tax until the amount of the Special Tax levied equals the Special Tax Requirement.
Step 1:
The Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Developed Property
classified as Residential Property, Mixed-Use Residential Property or Mixed-Use Residential Property-
Qualified Proportionately up to 100% of the applicable Maximum Special Tax.
Step 2:
If the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be
levied each Fiscal Year on each Assessor’s Parcel of Approved Property up to 100% of the applicable
Maximum Special Tax for Approved Property.
Step 3:
If the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be
levied each Fiscal Year on each Assessor’s Parcel of Developed Property which is classified as Non-
Residential Property up to 100% of the applicable Maximum Special Tax.
Step 4:
Lastly, if the preceding steps have not satisfied the Special Tax Requirement, then the Special Tax
shall be levied each Fiscal Year on each Assessor’s Parcel of Undeveloped Property up to 100% of the
applicable Maximum Special Tax for Undeveloped Property.
E. APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to a Parcel is in error may file
a written notice with the CFD Administrator appealing the levy of the Special Tax. This notice is required
to be filed with the CFD Administrator during the Fiscal Year the error is believed to have occurred.
The CFD Administrator or designee will then promptly review the appeal and, if necessary, meet
with the taxpayer. If the CFD Administrator verifies that the tax should be changed the Special Tax
levy shall be corrected and, if applicable in any case, a refund shall be granted.
F. MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the
same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator
may directly bill the Special Tax, may collect Special Taxes at a different time or in a different
manner if necessary to meet the financial obligations of the CFD or as otherwise determined
appropriate by the CFD Administrator.
G. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity or until such time as Council terminates the Special Tax.
H. INTERPRETATION
Council may interpret this Rate and Method of Apportionment of Special Tax by ordinance or resolution
for purposes of clarifying any vagueness or ambiguity. Any decision of Council shall be final and binding
as to all persons.
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 45 of 63
APPENDIX B
Boundary Map
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 46 of 63
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 47 of 63
Corporate Headquarters
3750 McCray Street
Riverside, CA 92506
951.686.1070
Murrieta Office
41870 Kalmia Street #160
Murrieta, CA 92562
951.686.1070
ITEM NUMBER: B-1
DATE: 07/26/19
ATTACHMENT: 4
Page 48 of 63
ITEM NUMBER: B-2
DATE: 07/26/19
Atascadero City Council
Staff Report - Community Development Department
Traffic Way Zone Change
ZCH19-0029
(Atascadero Temple Association)
RECOMMENDATIONS:
The Planning Commission recommends Council:
1. Introduce for first reading, by title only, Draft Ordinance A approving a zone map
amendment to 2605, 2607, 3055, and 3255 Traffic Way (APN’s 049-063-003,
049-063-004, 049-071-029, 049-071-030), based on findings.
2. Introduce for first reading, by title only, Draft Ordinance B, approving Planned
Development Overlay Zone No. 35 for 2605, 2607, 3055, and 3255 Traffic Way
(APN’s 049-063-003, 049-063-004, 049-071-029, 049-071-030), based on
findings.
REPORT-IN-BRIEF:
The City received a request to operate a child care center at 2607 Traffic Way. The
current zoning does not allow for child care facilities and has a limited list of allowable
uses. The owners of the masonic lodge submitted an application to change the zo ning
to allow for the child care use, which is in escrow on the property at this time. The
proposed Zoning Map Amendment would be changed from Recreation (L) to Public (P)
for all four parcels (2605, 2607, 3055, and 3255 Traffic Way) in the vicinity for
consistency. A Planned Development Overlay Zone will be placed on the properties to
further define allowed uses based on location and site characteristics. The proposed
amendments will bring existing non-conforming uses into conformance and allow for the
proposed child care facility.
Page 49 of 63
ITEM NUMBER: B-2
DATE: 07/26/19
Project Info In-Brief:
PROJECT
ADDRESS:
2605, 2607, 3055,
and 3255 Traffic Way
Atascadero,
CA APN
049-063-003,
004, 049-071-
029, 030
PROJECT
PLANNER
Kelly Gleason,
Senior Planner
(805) 470-
3446 kgleason@atascadero.org
APPLICANT Atascadero Temple Association
PROPERTY
OWNER Atascadero Temple Association
GENERAL PLAN
DESIGNATION ZONING DISTRICT EXISTING USE PROPOSED USE
Public
Recreation
(REC)
Recreation (L)
Temple,
Membership
Organization,
Single-Family
Residence,
City park
parcel
Proposed Child Care
Facility on site previously
used as a membership
organization, no change to
other parcels
ENVIRONMENTAL DETERMINATION
☐ Environmental Impact Report SCH: ___________________________
☐ Negative / Mitigated Negative Declaration
☒ Categorical Exemption CEQA – Guidelines Section 15061.(3), (b)
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
DISCUSSION:
Background:
In 2003, the Planning Commission approved a Conditional Use Permit and Tentative Parcel Map
to subdivide an elongated parcel between Traffic Way and the railroad into 4 parcels and
approve construction of 2 membership assembly buildings on 2 of the parcels. One of the other
parcels contained an existing single-family residence, which remains today, and the last parcel
was offered to the City. In 2005, one of the buildings was purchased and became occupied by
the Congregation Ohr Tzafon. While this use is similar to a membership organization, it is
considered a church or related facility in the zoning code and is currently a non-conforming use.
Earlier this year, the Masonic Lodge (Atascadero Temple Association) decided to sell
their property; however, the current list of allowed uses is limited based on the
recreation zoning designation and doesn’t capture the most appropriate uses for the
property based on the location and character of the neighborhood. A child care provider
is interested in the site and has entered into escrow. This is currently not an allowable
use and the property owners submitted a zone change application to change the zoning
designation from Recreation to Public. This change would maintain the current General
Plan Designation and provide for a minor change in land use opportunities.
Page 50 of 63
ITEM NUMBER: B-2
DATE: 07/26/19
The Planning Commission reviewed the proposed zone text and map changes at their
June 4th hearing and recommended approval of the proposed changes as presented.
Analysis:
The Public Recreation General Plan
Designation allows for three separate
zoning districts: Public, Recreation; and
Open Space. The Zoning Ordinance
categorizes the corresponding zoning
districts as follows:
a) L (Recreation) Zoning District. This
zone is established to provide
suitable locations and standards for
the development of recreational
facilities accommodating the needs
of the general public.
b) P (Public) Zoning District. This zone is established to provide suitable locations
and standards for the maintenance and development of public and quasi -public
facilities and services.
c) OS (Open Space) Zoning District. This zone is established to cover areas with
environmentally sensitive natural or cultural resources and generally is intended
to remain free of structures, but may be developed with low intensity recreational
improvements, where appropriate.
The existing zoning district on the site is L (Recreation) and is proposed to be changed
to P (Public). The public zoning would allow for the child care services while at the same
time allowing the existing non-conforming uses such as the temple, to become
conforming uses. This amendment does not alter the General Plan designation. The
addition of the Planned Development zoning overlay would limit incompatible uses such
as a mini storage (Attachment 3).
(San Benito
School)
Subject
Parcels:
RSF-Y
RS P
Page 51 of 63
ITEM NUMBER: B-2
DATE: 07/26/19
Zoning Change Characteristics
Currently the L (Recreation) Zoning District allows for a large variety of land uses but is
generally designed for public recreation spaces such as parks and outdoor recreation
(Attachment 3). The proposed amended zoning to the P (Public) Zoning District is more
in alignment with how the property is already developed and will allow for land uses that
support compatible uses. However, some additional control is needed on this particular
site as the P zone also allows for land uses such as a mini-storage which would not be
appropriate on this narrow site between the railroad tracks and the school.
With the proposed amendments, uses such as restaurants, retail stores, bed and
breakfasts, and group sports facilities will not be allowed.
PD Overlay Zone
The proposed Planned Development Overlay Zone No. 35 refines the allowed and
conditionally allowed uses listed for the Public Zone to ensure that any future use of this
area is compatible with the surrounding neighborhood and is appropriate for the locatio n
and size of the property.
The following uses that would typically require a use permit will be allowed by right in
the PD Overlay Zone:
Child Care Facilities
Churches and Related Activities
Residential Care Facilities with 6 beds or less
Adult Day Care Facilities
The following uses are currently allowed or conditionally allowed within the P Zone but
will not be permitted in the PD Overlay Zone at these properties:
Mini-Storage
Health Care Services
Medical Extended Care
Residential Extended Care: 7 residents or greater
Animal Hospitals
Mortuary Services
ATM’s
Outdoor Recreation Services
Cemeteries
Recreational Vehicle Parks
Temporary or Seasonal Sales
Collection Stations
Transit Stations
Page 52 of 63
ITEM NUMBER: B-2
DATE: 07/26/19
The table that follows illustrates the allowable uses under the current zoning district (L),
what would be allowed under the proposed change to a P zoning district, and finally
what will be allowed by adopting the PD Overlay #35.
Permitted Uses By Zones PROPOSED
P with
PD#35
Overlay L
(Existing) P (Re-Zone)
Agricultural Resources
Farmers’ Market A A
Residential Uses
Single-Family Dwelling CUP CUP
Caretaker’s Residence/Employee Unit CUP
Recreation, Education and Public Assembly
Schools—Business and Vocational A CUP CUP
Schools A CUP
Churches and Related Activities CUP A
Membership Organizations A CUP CUP
Indoor Recreation Services CUP A A
Outdoor Recreation Services A A
Libraries, Museums A A A
Amusement Services A
Public Assembly and Entertainment CUP A A
Parks and Playgrounds A A A
Rural Sports and Group Facilities A
Social and Service Organizations CUP CUP
Sports Assembly CUP
Temporary Events A A A
Cemeteries CUP CUP
Tourism, Lodging and Dining
Bed and Breakfast A
Recreational Vehicle Parks CUP CUP
Eating and Drinking Places CUP
Retail Trade and Sales
Accessory Storage A
General Retail A
Temporary or Seasonal Retail Sales A A
Page 53 of 63
ITEM NUMBER: B-2
DATE: 07/26/19
Permitted Uses By Zones PROPOSED
P with
PD#35
Overlay L
(Existing) P (Re-Zone)
Services-Business, Financial and Professional
ATM A
Government Offices and Facilities A A
Health Care Services CUP
Temporary Offices A A
General Services
Animal Hospitals CUP
Residential Care: 6 Residents or Less CUP A
Residential Care: 7 Residents or More CUP
Medical Extended Care Services: 6 Residents or Less CUP
Childcare Center CUP A
Adult Day Care Facility CUP A
Medical Extended Care Services: 7 Residents or
More CUP
Mortuary Services CUP
Mini-Storage CUP
Industrial, Wholesale, Manufacturing Uses
Collection Stations A A
Transportation Communication and Infrastructure
Parking Lots A A
Transit Stations CUP CUP
Utility Facilities A A A
Utility Infrastructure CUP CUP CUP
Broadcast Studios A A
Telecommunications Facilities CUP CUP CUP
Child Care Use
The prospective buyer of 2607 Traffic Way is hoping to establish a child care facility on the
property. The site is across Traffic Way from San Benito School and would allow for kids to easily
transition to the facility’s afterschool program. The site also has 2 parking lots with a combined
total of approximately 60 parking spaces. As the child care facility requires less than 10 parking
spaces, the prospective buyer is proposing to utilize one of the parking areas as an outdoor play
space. The proposed overlay zone would make child care facilities an allowed use for this
property. DRC approval would be required for any exterior or substantial site related changes.
Page 54 of 63
ITEM NUMBER: B-2
DATE: 07/26/19
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.
Findings:
To approve the proposed project amendments, findings are required to be made by the City
Council. The City’s General Plan and Zoning Ordinance identify the specific findings that
must be made to approve the zoning text and zoning map amendments. Findings and the
facts to support these findings are included in the Draft Ordinances (Attachments 1 & 2).
Conclusion:
The proposed map amendment and Planned Development Overlay are consistent with
the General Plan and will allow an expanded set of uses while still limiting uses that are
incompatible with the surrounding neighborhood or are incompatible based on site
acreage. The zoning changes will also provide a path for compliance to existing non-
conforming uses that are compatible with the surrounding area.
FISCAL IMPACT:
These zone text and map changes are not expected to have any fiscal impact.
ALTERNATIVES:
1. The City Council may make minor modifications to the text amendments.
2. The City Council may determine that more information is needed and may refer the
item back to staff to develop the additional information. The Council should clearly
state the type of information that is required and move to continue the item to a
future date.
3. The City Council may deny the proposed text amendments and zoning map change.
The Council should specify the reasons for denial of the project and recommend an
associated finding with such action.
ATTACHMENTS:
1. Draft Ordinance A – Establishment of PD Overlay No. 35
2. Draft Ordinance B - Zone Map Amendment
Parking Area Parking Area
Proposed
child
care facility
Page 55 of 63
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
07/26/19
1
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE TITLE 9, CHAPTER 3, ARTICLE 28
(PD (PLANNED DEVELOPMENT) OVERLAY ZONE), ESTABLISHING
PLANNED DEVELOPMENT OVERLAY ZONE NO. 35 AND
DETERMINING THIS ORDINANCE IS EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
TRAFFIC WAY ZONING MAP AMENDMENTS
ATASCADERO TEMPLE ASSOCIATION
(ZCH19-0029)
WHEREAS, an application has been received from Atascadero Temple Association, PO
Box 715, Atascadero, CA 93423, Applicant and Owner, to consider Planning Application ZCH
2019-0029 to rezone parcels 1 through 4 of Parcel Map AT02-278 (APN’s 049-063-003, 049-
063-004, 049-071-029, 049-071-030) from Recreation (L) to Public (P) and establish Planned
Development Overlay Zone No. 35 ; and
WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of
Planned Development Overlay Zones to promote orderly and harmonious development and to
enhance the opportunity to best utilize special site characteristics; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to amend the Zoning Code Text to protect the health, safety and welfare of its citizens by
applying orderly development and expanding housing opportunities within the City; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said zoning text
amendments; and
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on June 4, 2019, studied and considered the proposed zone text change to establish Planned
Development Overlay Zone No. 35; 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
Page 56 of 63
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
07/26/19
1
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
July 9, 2019, studied the Planning Commission’s recommendations and considered the proposed
zoning text amendments.
NOW THEREFORE, 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 July 26, 2019, resolved to introduce for first reading, by title only, an
Ordinance that would amend the City Zoning Code Text as shown in Exhibit A, attached hereto
and incorporated herein by this reference.
SECTION 3. Facts and Findings. The Planning Commission 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 Public zoning district on Parcels 1 through 4 of Parcel Map AT02 -278 in
accordance with the adopted General Plan for the compatible use of the properties
based on neighborhood characteristics.
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. 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).
SECTION 5. Approval. Atascadero Municipal Code Title 9 Planning & Zoning is
amended, establishing Planned Development Overlay Zone No. 35, as detailed in Exhibit A,
attached hereto and incorporated herein by this reference.
Page 57 of 63
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
07/26/19
1
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. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 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 July 26, 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
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 58 of 63
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
07/26/19
1A
9-3.680 Establishment of Planned Development Overlay Zone No. 35
Planned Development Overlay Zone No. 35 is established as shown on the official zoning maps (Section
9-1.102 of this title). A Planned Development Overlay Zone No. 35 is established on parcels APN’s 049-
063-003, 004, 049-071-029, 030 (Parcels 1-4 of AT02-278)
(a) All site development or significant modifications, beyond ADA or code required changes, to
the site or exterior changes of any building shall require Design Review Committee review.
(b) The following uses are allowed within the PD-35 overlay zone:
(1) Churches and Related Activities;
(2) Indoor Recreation Services;
(3) Libraries and Museums;
(4) Public Assembly and Entertainment;
(5) Parks and Playgrounds;
(6) Temporary Events;
(7) Utility Facilities;
(8) Government Offices;
(9) Temporary Offices;
(10) Residential Care: 6 Residents or Less;
(11) Child Care Center;
(12) Adult Day Care Facility;
(13) Parking Lots;
(14) Broadcast Studios
(c) The following uses are conditionally allowed within the PD-35 overlay zone:
(1) Schools
(2) Single Family Dwelling
(3) Schools – Business and Vocational
(4) Membership Organizations
(5) Social Service Organizations;
(6) Utility Infrastructure
(7) Telecommunications Facilities
Page 59 of 63
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
07/26/19
2
DRAFT ORDINANCE B
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, AMENDING THE OFFICIAL
ZONING DISTRICT DESIGNATION FOR PARCELS 1-4 OF AT02-278
TO CHANGE THE ZONING DESIGNATION FROM RECREATION (L)
TO PUBLIC (P) WITH A PLANNED DEVELOPMENT
OVERLAY ZONE NO. 35 ZONING DESIGNATION
TRAFFIC WAY ZONING MAP AMENDMENTS
ATASCADERO TEMPLE ASSOCIATION
(ZCH19-0029)
WHEREAS, an application has been received from Atascadero Temple Association, PO
Box 715, Atascadero, CA 93423, Applicant and Owner to consider Planning Application ZCH
2019-0029 to rezone parcels 1 through 4 of Parcel Map AT02-278 (APN’s 049-063-003, 049-
063-004, 049-071-029, 049-071-030) from Recreation (L) to Public (P) and establish Planned
Development Overlay Zone No. 35 ; and
WHEREAS, the site’s General Plan Designation is Public Recreation (REC); and
WHEREAS, the site’s current zoning district is Recreation (L); and
WHEREAS, the Planning Commission and City Council has determined that it is in the
best interest of the City to enact this amendment to the Official Zoning Map to protect the health,
safety, and welfare of its citizens by applying orderly development of the City; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning
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 June 4, 2019, studied and considered ZCH19-0029.
WHEREAS, the Planning Commission of the City of Atascadero has recommended
approval of the proposed zoning map amendment as presented to them on June 4, 2019; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Map
Amendment application was held by the City Council of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said Zoning Map Amendments; and
Page 60 of 63
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
07/26/19
2
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
July 26, 2019, studied the Planning Commission’s recommendations and considered the
proposed zoning text amendments.
NOW THEREFORE, 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 July 26, 2019, resolved to introduce for first reading, by title only, an
Ordinance that would amend the official City Zoning Map Designation as shown in Exhibit A,
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 Zoning Map Amendment:
A. Findings for Approval of a Zone Map Change
FINDING: (i) The Zoning Map Change is consistent with General Plan policies
and all other applicable ordinances and policies of the City.
FACT: The proposed zoning map amendment provides for the orderly
development of the subject parcels in alignment with the character of the
surrounding neighborhood.
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 map amendment provides for orderly development within
the Public zoning district on Parcels 1 through 4 of Parcel Map AT02 -278 in
accordance with the adopted General Plan for the compatible use of the properties
based on neighborhood characteristics.
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. 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).
SECTION 5. Approval. Atascadero Zoning Map is amended as detailed in Exhibit A,
attached hereto and incorporated herein by this reference.
Page 61 of 63
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
07/26/19
2
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. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 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 23, 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
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 62 of 63
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
07/26/19
2A
EXHIBIT A: Zone Map Change – Map Amendment Diagram
ZCH19-0029
San Benito
School
Subject Parcels:
APN’s
049-063-003
049-063-004
049-071-029
049-071-030
Previous Zoning
Designation:
Recreation (L)
New Zoning
Designation:
Public (P)
Page 63 of 63