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* COVID -19 NOTICE *
Consistent with Executive Orders N-25-20 and No. N-29-20 from the
Executive Department of the State of California and the San Luis Obispo
County Health Official’s March 18, 2020 Shelter at Home Order, the City
Council Meeting will not be physically open to the public and City Council
Members will be teleconferencing into the meeting.
HOW TO OBSERVE THE MEETING:
To maximize public safety while still maintaining transparency and public access,
the meeting will be live-streamed on SLO-SPAN.org, on Spectrum cable
Channel 20 in Atascadero, and on KPRL Radio 1230AM. The video recording
of the meeting will repeat daily on Channel 20 at 1:00 am, 9:00 am, and 6:00 pm
and will be available through the City’s website or by visiting
https://slo-span.org/static/meetings-ATASCC.php.
HOW TO SUBMIT PUBLIC COMMENT:
Members of the public are highly encouraged to call 805-538-2888 to listen and
provide public comment via phone, or submit written public comments to
cityclerk@atascadero.org by 5:00 pm on the day of the meeting. Such email
comments must identify the Agenda Item Number in the subject line of the
email. The comments will be read into the record, with a maximum allowance of 3
minutes per individual comment, subject to the Mayor’s discretion. All comments
should be a maximum of 500 words, which corresponds to approximately 3 minutes
of speaking time. If a comment is received after the agenda item is heard but before
the close of the meeting, the comment will still be included as a part of the record of
the meeting but will not be read into the record.
AMERICAN DISABILITY ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City
Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48
hours prior to the meeting or time when services are needed. The City will use their
best efforts to provide reasonable accommodations to afford as much accessibility
as possible while also maintaining public safety in accordance with the City procedure
for resolving reasonable accommodation requests.
City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org.
Copies of the staff reports or other documentation relating to each item of business referred to on
the Agenda are on file in the office of the City Clerk and are available for public inspection on our
website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number
once they are approved by the City Council. The Minutes of this meeting will reflect these numbers.
All documents submitted by the public during Council meetings that are either read into the record
or referred to in their statement will be noted in the Minutes and available for review by contacting
the City Clerk's office. All documents will be available for public inspection during City Hall business
hours once City Hall is open to the public following the termination of the Shelter at Home Order.
Page 1 of 67
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, April 14, 2020
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Newsom
ROLL CALL: Mayor Moreno
Mayor Pro Tem Bourbeau
Council Member Fonzi
Council Member Funk
Council Member Newsom
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this agenda, and the titles
of the ordinances will be read aloud by the City Clerk at the first reading, after the
motion and before the City Council votes.
PRESENTATIONS: None.
A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine
and non-controversial by City staff and will be approved by one motion if no member of
the Council or public wishes to comment or ask questions. If comment or discussion is
desired by anyone, the item will be removed from the Consent Calendar and will be
considered in the listed sequence with an opportunity for any member of the public to
address the Council concerning the item before action is taken.)
1. City Council Draft Action Minutes – March 24, 2020
Recommendation: Council approve the March 24, 2020 Draft City Council
Meeting Minutes. [City Clerk]
City Council Regular Session: 6:00 P.M.
Page 2 of 67
2. Weed/Refuse Abatement Program
Fiscal Impact: The City recovers costs for administering this program through
recovery of the cost of abatement, plus a flat fee of $260 plus a percentage
charge of 166% administrative fee, which is placed on the San Luis Obispo
County Special Tax Assessment for the fiscal year 2020-2021 Tax Roll.
Recommendation: Council adopt Draft Resolution, declaring vegetative growth
and/or refuse a public nuisance, commencing proceed ings for the abatement
of said nuisances, and placing all abatement fees on the San Luis Obispo
County Special Tax Assessment for the fiscal year 2020 -2021 Tax Roll. [Fire
Department]
3. Authorization of Representatives for State Office of Emergency Services
Fiscal Impact: The updated resolution will allow the City to be eligible for
federal and state financial assistance.
Recommendation: Council adopt Draft Resolution Repealing Resolution No.
2017-003 and Updating the Authorization of Certain City Representa tives to
Execute State Office of Emergency Services Documents for Certain Financial
Assistance. [Administrative Services]
4. Contract Change Order with Bureau Veritas Company for Contract Plan
Check Services
Fiscal Impact: Authorization of the change order will result in the expenditure
of $46,000 in plan check services revenues.
Recommendation: Council authorize the City Manager to execute a change
order for $46,000 for contract plan check services from $84,000 to $130,000
for the 2019/2020 purchasing contract with Bureau Veritas. [Community
Development]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for perso ns wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation. Comments made during Community For um will not be a
subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Any members of the public who have questions or need
information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00
p.m. at (805) 470-3400, or cityclerk@atascadero.org.)
B. PUBLIC HEARINGS:
1. Urgency Ordinance Authorizing Delay of Transient Occupancy Tax (TOT)
and Tourism Business Improvement District (TBID) Assessment Penalties
and Interest
Fiscal Impact: The fiscal impact of approving the Urgency Ordinance is a
temporary reduction in penalties and interest charges attributable to late
TOT/ATBID payments in an unknown amount that is dependent on the number
of late payments.
Page 3 of 67
Recommendation: Council adopt an Urgency Ordinance authorizing the
Administrative Services Director to delay penalties and interest for late
Transient Occupancy Tax (TOT) and Atascadero Tourism Business
Improvement District (ATBID) assessment revenues received for January,
February and March 2020 transient lodging services until August 31, 2020.
[City Manager]
2. Urgency Ordinance Affirming Orders of the Emergency Services Director
and Public Health Officer
Fiscal Impact: The adoption of this Urgency Ordinance would not have a fiscal
impact to the City. Enforcement of the Urgency Ordinance would have a
financial impact to the City depending upon the extent of enforcement
required.
Recommendation: Council adopt an Urgency Ordinance of the City Council of
the City of Atascadero, California Affirming Orders of The Emergency Services
Director and Public Health Officer. [City Attorney]
C. MANAGEMENT REPORTS:
1. 6th Cycle Housing Element Update (CPP19-0067)
Fiscal Impact: None.
Recommendation: Council receive an update and provide feedback to staff
and the Housing Element Consultant regarding housing opportunity sites and
policies for inclusion in the Housing Element Update. [Community
Development]
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their own
activities. The following represent standing committees. Informative status reports will
be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Economic Vitality Corporation, Board of Directors (EVC)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Bourbeau
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member Fonzi
1. Air Pollution Control District
2. Atascadero Basin Ground Water Sustainability Agency (GSA)
3. City of Atascadero Design Review Committee
4. SLO Local Agency Formation Commission (LAFCo)
Page 4 of 67
Council Member Funk
1. City of Atascadero Finance Committee
2. Homeless Services Oversight Council
3. League of California Cities – Council Liaison
Council Member Newsom
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City / Schools Committee
3. City of Atascadero Design Review Committee
4. Visit SLO CAL Advisory Committee
E. INDIVIDUAL DETERMINATION AND / OR ACTION: (Council Members may ask a
question for clarification, make a referral to staff or take action to have staff place a matter of
business on a future agenda. The Council may take action on items listed on the Agenda.)
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURN
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person
may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence
delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be
distributed to the Council and available for review in the City Clerk's office.
Page 5 of 67
ITEM NUMBER: A-1
DATE: 04/14/20
Atascadero City Council
March 24, 2020
Page 1 of 5
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, March 24, 2020
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:01 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Fonzi, Funk, Newsom, Mayor Pro Tem Bourbeau and
Mayor Moreno
Absent: None
Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri
Rangel, Public Works Director Nick Debar, Police Chief Jerel Haley,
Community Development Director Phil Dunsmore, Fire Chief Casey
Bryson, City Attorney Brian Pierik and Deputy City Mana ger/City Clerk
Lara Christensen
Council Members Fonzi, Funk, and Newsom as well as staff members Rangel, Dunsmore,
Bryson, Pierik and Christensen were present by teleconference.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member
Funk to:
1. Approve this agenda; and,
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 5:0 by a roll-call vote.
City Council Regular Session: 6:00 P.M.
Page 6 of 67
ITEM NUMBER: A-1
DATE: 04/14/20
Atascadero City Council
March 24, 2020
Page 2 of 5
PRESENTATIONS: None.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – March 10, 2020 and March 17, 2020
Recommendation: Council approve the March 10, 2020 Draft City Council
Meeting Minutes and the March 17, 2020 Draft City Council Special Meeting
Minutes. [City Clerk]
2. February 2020 Accounts Payable and Payroll
Fiscal Impact: $2,062,897.06
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for February 2020. [Administrative Services]
3. 2020 Pavement Resurfacing Project Construction Award
Fiscal Impact: $569,213.00
Recommendations: Council:
1. Award a construction contract for $569,213 to Souza Engineering
Contracting, Inc. for the 2020 Pavement Resurfacing Project and the
remaining portion of the F-14 Pavement Rehabilitation Project.
2. Authorize the City Manager to execute a contract with Souza Engineering
Contracting, Inc. for $569,213 for the construction of the 2020 Pavement
Resurfacing Project and the remaining portion of the F-14 Pavement
Rehabilitation Project. [Public Works]
4. San Anselmo Road (West) Pavement Rehabilitation Construction Award
Fiscal Impact: $479,775.00
Recommendations: Council:
1. Award a construction contract for $368,755 to Papich Construction
Company, Inc. for the San Anselmo Road (West) Pavement Rehabilitation
Project (Project No. C2019R01).
2. Authorize the City Manager to execute a contract for $368,755 with Papich
Construction Company, Inc. to construct the San Anselmo Road (West)
Pavement Rehabilitation Project.
3. Authorize the Director of Administrative Services to allocate an additional
$111,000 in Local Transportation Funds to the San Anselmo Road (West)
Pavement Rehabilitation Project. [Public Works]
5. Temporary Change of Cancellation Policy for Facility Rentals
Fiscal Impact: Although the City is experiencing significant downturns in facility
rental income and recreation income, allowing refunds versus requiring the
renters to book another date will only have a slight negative impact on City
revenues.
Recommendation: Council authorize the City Manager to allow refunds for
facility rentals that were cancelled due to concerns regarding COVID -19
Coronavirus. [City Manager]
Mayor Moreno noted that Item #A-5 is a temporary change to allow refunds for those who
need to cancel rentals as a result of orders, directives and closures due to COVID-19.
Page 7 of 67
ITEM NUMBER: A-1
DATE: 04/14/20
Atascadero City Council
March 24, 2020
Page 3 of 5
MOTION: By Council Member Fonzi and seconded by Council Member
Newsom to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
UPDATES FROM THE CITY MANAGER:
City Manager Rickard gave updates on COVID-19 and discussed City actions in response
to COVID-19.
Mayor Moreno asked for the Council’s consideration of a temporary suspension and/or
waiver of late fees for the payment of Transient Occupancy Taxes (TOT) as some of the
other cities in the County have done or are currently considering.
Attorney Pierik reported that the item was not on the Agenda so the Council could not
discuss or take action regarding any temporary suspension or waiver of late fees for TOT
payments. He did note that the City Manager, as the Director of Emergency Services, could
take action to temporarily suspend or waive late fees for the late payment of TOT and the
City Council could ratify that action at the next City Council Meeting.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Geoff Auslen
Mayor Moreno closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None.
C. MANAGEMENT REPORTS:
1. Results of Voter Opinion Survey on Feasibility of a Potential Future Tax
Ballot Measure
Fiscal Impact: None.
Recommendation: Council receive and file the Revenue Measure Feasibility
Survey Summary Report prepared by True North Research. [City Manager]
Deputy City Manager/City Clerk Christensen introduced Dr. Timothy McLarney of True North
Research who gave the presentation and answered questions f rom the Council. Attorney
Pierik and Deputy City Manager/City Clerk Christensen also answered questions fro m the
Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Geoff Auslen and Ron Di Carli
City Clerk Christensen read comments received by email prior to the start of the meeting
from Ron Overacker and Brandon Roberts into the record.
Mayor Moreno closed the Public Comment period.
Page 8 of 67
ITEM NUMBER: A-1
DATE: 04/14/20
Atascadero City Council
March 24, 2020
Page 4 of 5
The City Council received and filed the Revenue Measure
Feasibility Survey Summary Report.
2. Proposed Sewer Service Rate Increases
Fiscal Impact: Approving staff recommendations will generate an estimated
$430,000 in additional revenue from sewer service charges collected in
FY20/21 over FY19/20 amounts.
Recommendations: Council:
1. Direct staff to administer the Proposition 218 majority protest process and
send out notice of the proposed increases to all property owners connected
to the municipal sanitary sewer system.
2. Set a Public Hearing on May 26, 2020 for the City Council’s consideration
of the proposed wastewater rate increases.
3. Approve a budget amendment and authorize the Director of Administrative
Services to appropriate $7,500 from the Wastewater Fund for costs related
to the Proposition 218 majority protest process. [Public Works]
Public Works Director DeBar gave the staff report and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: None.
Mayor Moreno closed the Public Comment period.
MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member
Newsom to:
1. Direct staff to administer the Proposition 218 majority protest
process and send out notice of the proposed increases to all
property owners connected to the municipal sanitary sewer
system.
2. Set a Public Hearing on May 26, 2020 for the City Council’s
consideration of the proposed wastewater rate increases.
3. Approve a budget amendment and authorize the Director of
Administrative Services to appropriate $7,500 from the
Wastewater Fund for costs related to the Proposition 218
majority protest process.
Motion passed 5:0 by a roll-call vote.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members made brief announcements and gave brief update reports
on their committees since their last Council meeting:
Mayor Moreno
1. County Mayors Round Table
2. Economic Vitality Corporation, Board of Directors (EVC)
3. SLO Council of Governments (SLOCOG)
Page 9 of 67
ITEM NUMBER: A-1
DATE: 04/14/20
Atascadero City Council
March 24, 2020
Page 5 of 5
Mayor Pro Tem Bourbeau
1. Integrated Waste Management Authority (IWMA)
Council Member Fonzi
1. City of Atascadero Design Review Committee
Council Member Funk
1. Homeless Services Oversight Council
Council Member Newsom
1. City of Atascadero Design Review Committee
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Attorney – City Attorney Pierik noted that earlier in the meeting the Mayor
brought up the suspension or waiver of penalty fees /interest for late payment of
TOT. He reported that he did some research and found that Pismo Beach
adopted an urgency ordinance to extend the time for the payment of TOT for
February and March through August 31, 2020 and believes that rather than having
the City Manager issue an order as director of Emergency Services, the better
approach would be to have it brought back to the Council as an urgency ordinance
at April 14 meeting.
There was Council consensus to have an urgency ordinance brought back
at the April 14, 2020 Council Meeting, delegating to the City Manager the
authority to determine appropriate extensions for application of the
suspension/waiver of penalty fees/interest for payment of the first quarter
TOT and presenting those parameters to the City Council as part of the
urgency ordinance.
F. ADJOURN
Mayor Moreno adjourned the meeting at 8:44 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
APPROVED:
Page 10 of 67
ITEM NUMBER: A-2
DATE: 04/14/20
Atascadero City Council
Staff Report – Atascadero Fire & Emergency Services Department
Weed/Refuse Abatement Program
RECOMMENDATION:
Council adopt Draft Resolution, declaring vegetative growth and/or refuse a public
nuisance, commencing proceedings for the abatement of said nuisances, and placing
all abatement fees on the San Luis Obispo County Special Tax Assessment for the
fiscal year 2020-2021 Tax Roll.
DISCUSSION:
The Municipal Code, Section 6-13.03, addresses the abatement of vegetative growth
and/or refuse, which constitute a hazard. Adoption of the proposed Resolution is the
first step in this annual program, which requires City Council action. Atascadero Fire &
Emergency Services Department (AFD) conducted its initial inspection the last week of
March and the first week of April. There are approximately 11,188 parcels within the
City. Notices are mailed to the recorded property owner of each parcel listed declar ing
that their parcel is an existing, future or “potential” hazard. AFD advises that it
considers a parcel a future or “potential” hazard if the parcel is not completely
landscaped or irrigated and / or there is a potential for weed growth (6 -13.01). The list
of parcels identified to have vegetative growth and/or refuse, which are or may become
a public nuisance, is available for review in the Office of the City Clerk and at
Atascadero Fire & Emergency Services.
FISCAL IMPACT:
The City recovers costs for administering this program through recovery of the cost of
abatement, plus a flat fee of $260 plus a percentage charge of 166% administrative fee,
which is placed on the San Luis Obispo County Special Tax Ass essment for the fiscal
year 2020-2021 Tax Roll.
ATTACHMENTS:
1. Draft Resolution
2. Vegetative Growth/Refuse Notice
Page 11 of 67
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
04/14/20
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING VEGETATIVE GROWTH
(NOXIOUS WEEDS) AND/OR REFUSE A PUBLIC NUISANCE
WHEREAS, Atascadero Fire & Emergency Services conducted parcel inspections
throughout the City during the last week of March 2020 and the first week of April 2020; and
WHEREAS, Atascadero Fire & Emergency Services considers a property, land or lot a
future or “potential” hazard if the property, land or lot is not completely landscaped or irrigated
and/or there is a potential for weed growth; and
WHEREAS, property, lands or lots in the City were identified as having existing, future
or “potential” hazards that are considered to be a public nuisance; and
WHEREAS, Atascadero Fire & Emergency Services is commencing proceedings for the
abatement of said nuisances; and
WHEREAS, abatement fees will be placed on the San Luis Obispo County Special Tax
Assessment for the Fiscal Year 2020-2021 Tax Roll.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. That vegetative growth (noxious weeds) and/or refuse are, or may become,
a hazard and hereby declared to be a public nuisance which should be abated for the reasons that
vegetative growth may attain such a large growth as to become a fire menace and/or drainage
restriction, when mature and said refuse may become a public nuisance, thereby creating a hazard
to public health and safety.
The City Council of the City of Atascadero finds and declares that vegetative growth
(noxious weeds) and/or refuse on specified parcels of property are seasonal and recurrent
nuisances. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions
of City and State laws. No further hearings need to be held, and it shall be sufficient to mail a
notice to the owner of the property as their address appears upon the current assessment roll.
SECTION 2. A description of the parcel of lots of private property upon which, or in front
of which, said nuisances are or may become a hazard, according to the official Assessment Map
of said City of Atascadero, shall be posted annually in the office of the City Clerk and ref erred to
as Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 3. The City Clerk or designee is hereby ordered and directed to mail written
notices of the proposed abatement to all persons owning property described in accordance with
Section 6-13.08 of the Atascadero Municipal Code.
SECTION 4. Pursuant to Section 6-13.10 of the Atascadero Municipal Code, the City
Council shall hear and consider all objections or protests to the required removal of said vegetative
Page 12 of 67
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
04/14/20
1
growth and/or refuse. The City Clerk shall post a copy of the public hearing notice in accordance
with the Ralph M. Brown Act.
SECTION 5. Pursuant to Section 6-13.17 of the Atascadero Municipal Code, if the owner
does not abate the hazard, it will be abated by the City contractor. The cost of the abatement plus
a $260 flat fee and 166% administrative fee and County fee will be assessed upon the County
property tax bill, and constitute a lien upon such land until paid.
PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day
of _____, 2020.
On motion by ______ and seconded by _____, 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 13 of 67
6005 LEWIS AVENUE – ATASCADERO, CA 93422 – (805) 461-5070 – FAX (805) 466-2907
NOTICE
NOTICE
Dear Atascadero Property Owner:
Weed abatement season has arrived and parcel inspections were recently performed throughout
the City. The Atascadero Municipal Code, Section 6-13.08, requires this notification, which
enables Atascadero Fire & Emergency Services to abate dry noxious weeds and/or refuse in an
effort to make our neighborhoods safer in the event of a fire. Please be advised your property has
been identified as an existing, future or “potential” hazard. Atascadero Fire & Emergency Services
advises that it considers a parcel a future or “potential” hazard if the parcel is not completely
landscaped or irrigated and/or there is a potential for vegetative growth.
NOTICE TO REMOVE
VEGETATIVE GROWTH (NOXIOUS WEEDS) AND /OR REFUSE
Notice is hereby given that on the 14th day of April 2020, the City Council passed a Resolution
declaring that vegetative growth (noxious weeds) and refuse constitute a fire hazard, and health
and safety hazard, which must be abated by the cutting of said vegetative growth (noxious weeds),
and/or removal of refuse which constitutes said health and safety hazard. If the property owner
does not abate the noxious weeds and/or refuse by June 1, 2020, it will be abated by the City, and
the cost of the abatement will be assessed upon the County property tax bill, and will constitute a
lien upon such land until paid. The City recovers costs for administering this program through a
$260 flat fee and 166% administrative fee. Reference is hereby made to the Resolution for further
particulars and Municipal Code Sections 6-13.01 through 6-13.17. A copy of said Resolution is
on file in the Office of the City Clerk.
All property owners having any objections to the proposed removal of the hazard are encouraged
to attend , or virtually attend if necessary, the meeting of the City Council of the City of Atascadero
to be held on May 12, 2020 at 6:00 p.m. when their objections will be heard and given due
consideration.
Dated this 15th day of April, 2020 /s/ Casey D. Bryson
Fire Chief
City of Atascadero
City of Atascadero
Atascadero Fire & Emergency Services
ITEM NUMBER: A-2
DATE: 04/14/20
ATTACHMENT: 2
Page 14 of 67
THE DEADLINE FOR WEED/REFUSE ABAT EMENT
COMPLIANCE IS JUNE 1, 2020
THANK YOU FOR YOUR ASSISTANCE IN MAINTAINING YOUR
VEGETATIVE GROWTH TO A MAXIMUM HEIGHT OF 4 INCHES
On June 1, 2020, the City’s contractor begins the abatement process for parcels that are not in compliance.
The contractor’s fees, as well as applicable City and County fees/fines are assessed on the County’s tax roll.
The Fire Chief has established the following requirements:
CLEARANCE REQUIREMENTS
OF VEGETATIVE GROWTH (NOXIOUS WEEDS)
Maximum height of 4 inches
a) Located within 100 feet of any building or structure, or to the property
line, whichever is nearer;
b) Located within 50 feet from the edge of any improved roadway;
c) Located within 50 feet from each property line;
d) Located within 10 feet on each side of driveways.
EXEMPTIONS:
a) Animal pastures and agricultural fields growing hay or grains. The interior portion of fenced pastures
where the quantity of livestock significantly reduces the vegetative growth, therefore bringing the
parcel into compliance. Agricultural fields must be cut at harvest time. Uncut hay and grain is subject
to abatement.
b) Habitat for endangered or threatened species or any species that is a candidate for listing as an
endangered or threatened species by the State of California or Federal Government.
c) Land kep t in a predominantly natural state as habitat for wildlife, plant, or animal communities.
d) Open space lands that are environmentally sensitive parklands.
e) Other lands having scenic values.
Abatement requirements shall remain in effect in waterways where flood preparation measures and
emergency flood control mitigation is necessary.
1) This exemption applies whether the land or water are held in fee title or any lesser interest. This
exemption applies to any public agency, and private entity that has dedicated the land or water areas
to one or more of those purposes or uses, or any combination of public agencies and private entities
making that decision.
2) This section shall not be construed to prohibit the use of properly authorized prescribed burning to
impr ove the biological function of land or to assist in the restoration of desired vegetation.
3) In the event that any lands adjacent to land or water areas, as described above, are improved such that
they are subject to this chapter, the obligation to comply with Section 6-13.04 shall be with the person
owning, leasing, controlling, operating, or maintaining the occupied dwelling or occupied structure on
the improved lands. All maintenance, activities, and other fire prevention measures required by
Section 6-13.04 shall be required only for the improved land, and water areas as described above.
Questions regarding weed abatement may be directed to (805) 470-3300 or by writing to: City of
Atascadero, Fire & Emergency Services, Fire Marshal, 6005 Lewis Ave., Atascadero, CA 93422.
PLEASE RETAIN THIS NOTICE FOR ANY RELATED COMMUNICATIONS
ITEM NUMBER: A-2
DATE: 04/14/20
ATTACHMENT: 2
Page 15 of 67
ITEM NUMBER: A-3
DATE: 04/14/20
Atascadero City Council
Staff Report – Administrative Services Department
Authorization of Representatives for
State Office of Emergency Services
RECOMMENDATION:
Council adopt Draft Resolution Repealing Resolution No. 2017-003 and Updating the
Authorization of Certain City Representatives to Execute State Office of Emergency
Services Documents for Certain Financial Assistance.
DISCUSSION:
A nationwide emergency under the Stafford Act was declared on March 17, 2020, in
response to the outbreak of the coronavirus (COVID-19). This declaration made
available federal disaster assistance funding through the Federal Emergency
Management Agency (FEMA).
In order to execute the documents necessary to obtain the financial assistance, the City
must designate certain City representatives to execute assurances and agreements
pursuant to the laws of the State of California, Office of Emergency Services (Cal OES).
These representatives are designated in the attached Draft Resolution.
The City previously adopted Resolution 2017-003 on March 28, 2017. Cal OES keeps
resolutions on file for three years, and then requires the City Council to adopt resolution
updates.
FISCAL IMPACT:
The updated resolution will allow the City to be eligible for federal and state financial
assistance.
ATTACHMENT:
Draft Resolution
Page 16 of 67
ITEM NUMBER: A-3
DATE: 04/14/20
ATTACHMENT: 1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
REPEALING RESOLUTION 2017-003 AND UPDATING THE
AUTHORIZATION OF CERTAIN CITY REPRESENTATIVES
TO EXECUTE STATE OFFICE OF EMERGENCY SERVICES
DOCUMENTS FOR CERTAIN FINANCIAL ASSISTANCE
WHEREAS, the City Council of the City of Atascadero must designate certain City
representatives to execute assurances and agreements pursuant to the laws of the State of
California, Office of Emergency Services; and
WHEREAS, the City Council of the City of Atascadero adopted Resolution No. 2017-003
authorizing certain City representatives to execute State Office of Emergency Services documents
for certain financial assistance.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero
that Resolution No. 2017-003 is now repealed, and the following named individuals shown on the
Cal OES Form 130, attached hereto and incorporated herein by this reference, are hereby
authorized to execute for, and on behalf of, the City of Atascadero, a public entity established
under the laws of the state of California, applications and documents for purposes of obtaining
certain federal financial assistance under P.L. 93-288 as amended by the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1988 and/or state financial assistance under the
California Disaster Assistance Act.
PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day
of _____, 2020.
On motion by ______ and seconded by _____, 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 17 of 67
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130
Cal OES ID No:______________________
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body)(Name of Applicant)
THAT ,OR
(Title of Authorized Agent)
,OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , a public entity
(Name of Applicant)
established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency
Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T.Stafford
Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
THAT the ________________________________________________, a public entity established under the laws of the State of California,
(Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster
assistance the assurances and agreements required.
Please check the appropriate box below:
This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.
This is a disaster specific resolution and is effective for only disaster number(s) ________________________
Passed and approved this day of ,20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I,,duly appointed and of
(Name)(Title)
,do hereby certify that the above is a true and correct copy of a
(Name of Applicant)
Resolution passed and approved by the of the
(Governing Body)(Name of Applicant)
on the day of ,20 .
(Title)
Page 1
(Signature)
Cal OES 130 (Rev.9/13) Page 18 of 67
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 -Instructions
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted Resolution is older than three (3) years from the last date of approval, is invalid or has not been submitted.
When completing the Cal OES Form 130,Applicants should fill in the blanks on page 1.The blanks are to be filled in as
follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors,City Council,Board of Supervisors,Board of Education, etc.
Name of Applicant:The public entity established under the laws of the State of California. Examples include: School
District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego,
Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency
Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the Applicant. There are
two ways of completing this section:
1.Titles Only: If the Governing Body so chooses,the titles of the Authorized Agents would be entered here,not
their names.This allows the document to remain valid (for 3 years)if an Authorized Agent leaves the position
and is replaced by another individual in the same title.If “Titles Only”is the chosen method,this document
must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can
be completed by any authorized person within the agency and does not require the Governing Body’s signature.
2.Names and Titles: If the Governing Body so chooses,the names and titles of the Authorized Agents would be
listed.A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position
listed on the document or their title changes.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board,Director,Superintendent,etc. The names and titles cannot be one of the
designated Authorized Agents, and a minimum of two or more approving board members need to be listed.
Certification Section:
Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval.
Examples include:City Clerk,Secretary to the Board of Directors,County Clerk,etc. This person cannot be one of the
designated Authorized Agents or Approving Board Member (if a person holds two positions such as City Manager and
Secretary to the Board and the City Manager is to be listed as an Authorized Agent, then the same person holding the
Secretary position would sign the document as Secretary to the Board (not City Manager) to eliminate “Self
Certification.”
Page 2Cal OES 130 (Rev.9/13)
Page 19 of 67
ITEM NUMBER: A-4
DATE: 04/14/20
Atascadero City Council
Staff Report – Community Development Department
Contract Change Order with Bureau Veritas Company
for Contract Plan Check Services
RECOMMENDATION:
Council authorize the City Manager to execute a change order for $46,000 for contract
plan check services from $84,000 to $130,000 for the 2019/2020 purchasing contract with
Bureau Veritas.
DISCUSSION:
Background
The number of construction plan submittals to the City in November and December of
2019 greatly exceeded anticipated volumes and has led to the need for additional plan
check services.
Construction plan review is performed both in-house by staff and by an outside plan check
service. At this time, the City consults with two plan check service providers, Bureau
Veritas (BV), and Four Leaf.
On average, the City processes about 1200 building permit applications annually. Each
of these permits must be examined for consistency with the California Building Code and
the City’s local requirements. The plan check process includes everything from an over
the counter zoning clearance for a new business to a review of a multi -story hotel or
complex commercial building such as La Plaza. Depending on the complexity of the
project, different levels of plan review may be required.
Many building permit applications are relatively minor and are checked in -house by
Building and Planning staff, while other plans are reviewed by our plan check consultant
services. With each budget, staff estimates the number of plan checks that will need to
be sent to consultants for review based on previous year’s activity and current economic
trends. Over the past several years, estimates have been on track. However, towards the
end of Calendar year 2019 the City has experienced a significant volume of permit
submittals, including an unexpectedly large number of very complex development
projects. This was partly due to a healthy economy with a significant demand for new
development, and the fact that a new building code became effective on January 1, 2020.
Many developers wanted to submit their plans prior to the enactment of the new building
code. Therefore, the month of December, 2019 was a record month for both the number
Page 20 of 67
ITEM NUMBER: A-4
DATE: 04/14/20
and significance of construction plan checks leading to a total of more than 1600
construction plan checks for the 2019 calendar year. The significant jump in construction
permit submittals along with the complexity of the projects has resulted in a significant
jump in plan check review time from both staff and consultants.
The City awarded a professional services contract to Bureau Veritas for up to $84,000 in
plan check services for FY 2019-2020. This contract was awarded in accordance with
Section V, 2.0 of the City’s purchasing policy which allows contracts under $100,000 to
be awarded through informal solicitation of qualifications and City Manager award of the
contract. The current volume of building permit submittals and the need for plan check
services is now estimated to exceed $100,000 for fiscal year 2019 -2020. In accordance
with the purchasing policy, the City Council must approve any contracts (or changes that
will bring contracts) in excess of $100,000.
Construction plan check consultants play a critical role in the development review
process. Working with the appropriate consultant is essential in providing the adequate
level of construction plan review while also helping to streamline the review process. In
our efforts to improve this service we carefully select consultants from a pool of qualified
submittals through a proposal process. A request for proposals was distributed
statewide. The City received three proposals from qualified firms. In person interviews
were performed in addition to seeking referrals from other local communities. Two of
these firms rose to the top in terms of their qualifications, record of accomplishment, and
experience in public sector plan review. In the last fiscal year, we chose to select two out
of three of these highly qualified consultants in order to expedite our review process and
broaden our professional consultant assistance. At that time, we selected both BV and
Four Leaf. Over the past year, we have found that BV more closely meets the needs of
our plan check services when compared to other consultants. Additionally, BV is located
right here in Atascadero, reducing the need to ship out plans for review since Four Leaf
is located in the San Francisco Bay area. Therefore at this time, we have chosen to utilize
BV for all of our construction plan check services. Continued use of BV’s services will
continue to help the City meet our construction plan review turn -around times, while also
helping to meet our housing and economic development goals.
It is important to keep in mind that this increase does not result in additional fiscal impacts
to the City since the fees to cover the construction plan check costs are collected when
permit applications are submitted to the City. Due to the high permit volume, the City has
collected a similar amount over budgeted projections in plan check revenues.
FISCAL IMPACT:
Authorization of the change order will result in the expenditure of $46,000 in plan check
services revenues.
ATTACHMENTS:
None.
Page 21 of 67
ITEM NUMBER: B-1
DATE: 04/14/20
Atascadero City Council
Staff Report – City Manager’s Office
Urgency Ordinance Authorizing Delay of
Transient Occupancy Tax (TOT) and Tourism Business Improvement
District (TBID) Assessment Penalties and Interest
RECOMMENDATION:
Council adopt an Urgency Ordinance authorizing the Administrative Services Director to
delay penalties and interest for late Transient Occupancy Tax (TOT) and Atascadero
Tourism Business Improvement District (ATBID) assessment revenues received for
January, February and March 2020 transient lodging services until August 31, 2020.
DISCUSSION:
On March 17, 2020 the Atascadero City Council declared a State of Emergency in
response to the global health crisis and pandemic brought on by Covid -19 (Novel
Coronavirus). The impact of the global pandemic and the resulting response to slow the
spread of the disease has greatly impacted the business and tourism activities in the
City. Lodging businesses within the City are now experiencing severe declines in
occupancy while trying to maintain their properties and ongoing fixed operating costs.
In an effort to assist the lodging industry during these difficult times, Council directed
staff to bring back an ordinance to delay otherwise applicable late fees and p enalties on
delinquent Transient Occupancy Tax (TOT) and Atascadero Tourism Business
Improvement District (ATBID) remittance for January, February and March 2020,
normally due on or before April 30, 2020 until August 31, 2020. August 31st is the latest
date that these payments can be delayed while still recording the revenues to the
applicable fiscal year.
Lodging operators will be required to submit their TOT, ATBID and San Luis Obispo
Tourism Marketing District (SLOTMD) assessment forms on time as usual, so that staff
can account for those expected revenues for the fiscal year.
The waiver being discussed here would not apply to payments, penalties and interest of
SLOTMD fees. Lodging operators will need to pay the regular SLOTMD assessment on
time, as scheduled. Those payments will continue to be collected and penalties and
fees will be assessed if not received based on the original due dates. The City collects
SLOTMD revenues and remits them to the County within 30 days of collecting t hem.
This payment is not under the City’s power to waive or to defer, absent action by others.
Page 22 of 67
ITEM NUMBER: B-1
DATE: 04/14/20
Staff recommends that Council adopt the Urgency Ordinance attached which authorizes
the Administrative Services Director to delay penalties and interest for late TOT and
ATBID assessment revenues for such revenues received for January, February and
March, 2020 services until August 31, 2020. This assistance will be a temporary
measure that will help the lodging properties get through this difficult time, while st ill
being able to receive these payments during the same fiscal year.
The lodging operators will still be expected to pay the TOT, ATBID funds they have
collected on the City’s behalf. Penalties and interest for TOT and ATBID payments for
January, February and March 2020 would be waived through August 31, 2020, for all
eligible lodging establishments unable to remit payment on or before April 30, 2020.
Such payments due and not received by August 31, 2020, will begin to accrue interest
and penalties on September 1, 2020, per the requirements of the City’s ordinance. April,
May and June 2020 TOT and ATBID amounts will still be due on July 31, 2020;
payment deferral is not proposed for these months.
There are sufficient fund balances in the General Fund and the ATBID to allow for the
delayed payments without causing delays in expenditures.
In accordance with Government Code section 36937(b), for the immediate preservation
of the public peace, health or safety, an urgency ordinance may be adopted and
become effective immediately.
FISCAL IMPACT:
The fiscal impact of approving the attached Urgency Ordinance is a temporary reduction
in penalties and interest charges attributable to late TOT/ATBID payments in an
unknown amount that is dependent on the number of late payments.
ALTERNATIVES:
1. Do not delay penalties and interest for January, February and March 2020 until
August 31, 2020.
2. Delay penalties and interest for a different period.
ATTACHMENT:
Draft Urgency Ordinance
Page 23 of 67
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
04/14/20
1
URGENCY ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE ADMINISTRATIVE
SERVICES DIRECTOR TO DELAY LATE FEES AND PENALTIES FOR
DELINQUENT TRANSIENT OCCUPANCY TAX (TOT) AND
ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT
(ATBID) ASSESSMENT REVENUES RECEIVED FOR JANUARY,
FEBRUARY AND MARCH 2020 TRANSIENT LODGING SERVICES
UNTIL AUGUST 31, 2020
WHEREAS, on Tuesday, March 17, 2020, the City Council declared a State of Emergency
in response to the global health crisis and pandemic brought on by COVID-19 (Coronavirus); and
WHEREAS, due to the immediate effect of the emergency shelter-at-home directive on
the lodging industry, many hoteliers have inquired about the possibility to delay remittance of the
collected transient occupancy tax; and
WHEREAS, City staff has considered the projected COVID-19 losses and the possibility
to assist the City’s lodging partners who are directly impacted by State and local shelter-at-home
orders; and
WHEREAS, the Council wishes to temporarily suspend the imposition of adopted
penalties for late payment of currently due payments because the COVID-19 pandemic is acutely
and disproportionately impacting the local lodging and hotel industry.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. Notwithstanding anything to the contrary in Chapter 3.08 of the Atascadero
Municipal Code, penalties applicable to late payments are hereby temporarily suspended and the
Administrative Services Director is authorized to delay imposition of late fees and penalties for
late payment to the City of Transient Occupancy Tax (TOT) and Atascadero Tourism Business
Improvement District (ATBID) revenues received by lodging establishments for January 2020,
February 2020 and March 2020 transient occupancy lodging services until August 31, 2020.
SECTION 2. Nothing herein shall relieve any person or entity of its obligation to pay and
to remit to the City amounts otherwise due and any late fees or penalties that otherwise would have
become due for failure or refusal to pay amounts due for January, February and March 2020 and
shall be assessed and shall become due and payable to the City if the referenced TOT payments
due to the City have not been made in full by August 31, 2020.
SECTION 3. This Ordinance shall become effective immediately upon passage and
adoption thereof, as it is an urgency ordinance intended to immediately protect the public welfare,
health and safety.
Page 24 of 67
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
04/14/20
1
SECTION 4. Publication. The City Clerk shall certify to the adoption of this Urgency
Ordinance no later than fifteen (15) days following the passage of this Urgency Ordinance, the
Urgency Ordinance, along with the names of the City Council members voting for and against the
Urgency Ordinance, shall be published in a newspaper of general circulation in the City of
Atascadero.
PASSED AND ADOPTED by the City Council of the City of Atascadero, California, held on the
14th day of April 2020, by a vote of at least four-fifths of the City Council.
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Amanda Muther, Deputy City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
Page 25 of 67
ITEM NUMBER: B-2
DATE: 04/14/20
Atascadero City Council
Staff Report - City Attorney
Urgency Ordinance Affirming Orders
of the Emergency Services Director and Public Health Officer
RECOMMENDATION:
Council adopt an Urgency Ordinance of the City Council of the City of Atascadero, California
Affirming Orders of The Emergency Services Director and Public Health Officer.
DISCUSSION:
Background
On June 11, 2019 the City appointed the San Luis Obispo County Health Officer as the City Health
Officer and further consented to the enforcement of laws relating to the public health by the San
Luis Obispo County Health Officer within the City of Atascadero (Resolution No. 2019-038).
On March 14, 2020 the City Manager, in her capacity as the City’s Director of Emergency
Services, issued a proclamation declaring a Local Emergency due to COVID-19.
On March 17, 2020, the City Council adopted Resolution 2020-005 declaring the existence of a
local emergency within the City due to COVID 19.
On March 18, 2020, the San Luis Obispo County Emergency Services Director issued a Local
Emergency Order and Regulation No. 3, providing for suspension of commencement of evictions
related to COVID-19.
On March 18, 2020, the San Luis Obispo County Emergency Services Director further issued
a Countywide Shelter at Home Order and Regulation No. 4 for the County of San Luis Obispo
that took effect on Thursday, March 19, 2020 at 5:00 pm., and that was further amended and
ratified by the County Health Officer on March 21, 2020 (“Order No. 4”).
On March 21, 2020, the San Luis Obispo County Emergency Services Director issued an
Amendment to Local Emergency Order and Regulat ion No. 4 COVID-19 to set forth the
definitions of Minimum Basic Operations and Essential Travel for Order No. 4 and make clear
the County Health Officer’s concurrence with Order No. 4 ratifying said order in full.
Urgency Ordinance
Based upon the foregoing, attached for consideration by the City Council is an Urgency
Ordinance Affirming Orders of the Emergency Services Director and Public Health Officer. This
Urgency Ordinance includes several sections including Section 4 which provides as follows:
Page 26 of 67
ITEM NUMBER: B-2
DATE: 04/14/20
Section 4. San Luis Obispo County Emergency Services Director Orders
Nos. 3 and 4, establishing regulations for the suspension of commencement of
evictions through May 31, 2020 and mandatory shelter at home regulations,
respectively, as currently in effect or as subsequently amended by the County
Emergency Services Director or County Board of Supervisors, and any and all San
Luis Obispo County Emergency Services Director Orders and Public Health Officer
Orders which may be issued in the future, are hereby expressly acknowledged and
declared to be enforceable within the City of Atascadero and violations of
Atascadero Municipal Code (AMC) Section 1 -3.02.1 as if directly enacted by the
City Council or as otherwise allowed by law.
Urgency ordinances are authorized by Government Code Section 36937 when necessary for
the immediate preservation of the public peace, health or safety and must contain a declaration
of the facts constituting the urgency and is passed by a four-fifths vote of the city council. This
Staff Report, and the attached Urgency Ordinance, confirm that the adoption of this Urgency
Ordinance is necessary for the immediate preservation of the public peace, health or safety and
contain a declaration of the facts constituting the urgency. The Urgency Ordinance would take
effect immediately upon adoption.
While the County of San Luis Obispo has concluded that the County has the authority to enforce
the Orders of the County Emergency Services Director both in the unincorporated areas of the
County as well as within the cities in the County, this Urgency Ordinance provides further support
for the enforceability of those Orders within the City of Atascadero.
FISCAL IMPACT:
The adoption of this Urgency Ordinance would not have a fiscal impact to the City. Enforcement
of the Urgency Ordinance would have a financial impact to the City depending upon the extent
of enforcement required.
ALTERNATIVES:
Do not adopt the Urgency Ordinance.
ATTACHMENT:
Urgency Ordinance Affirming Orders of the Emergency Services Director and Public Health
Officer
Page 27 of 67
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
04/14/20
1
URGENCY ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ATASCADERO, CALIFORNIA AFFIRMING ORDERS OF THE
EMERGENCY SERVICES DIRECTOR AND PUBLIC HEALTH OFFICER
OF THE COUNTY OF SAN LUIS OBISPO RELATED TO THE COVID-19
STATE AND LOCAL EMERGENCY, INCLUDING A TEMPORARY
MORATORIUM ON CERTAIN RESIDENTIAL AND COMMERCIAL
EVICTIONS AND SHELTER IN PLACE ORDERS, AND EXPRESSLY
AFFIRMING SUCH ACTIONS AND ORDERS AS APPLICABLE AND
ENFORCEABLE WITHIN CITY JURISDICTION
WHEREAS, the federal Centers for Disease Control and Prevention (“CDC”) has
confirmed thousands of cases of individuals who have severe respiratory illness caused by a
novel coronavirus, called COVID-19, as well as deaths caused by this illness; and
WHEREAS, the World Health Organization declared COVID-19 a pandemic, and the
CDC announced that community spread of COVID-19 is likely to occur in the United States; and
WHEREAS, the President of the United States has declared a State of National
Emergency and, on March 4, 2020, the Governor of the State of California has proclaimed a State
of Emergency for the State of California and issued Executive Orders and direction regarding
measures to mitigate the spread of cases of COVID-19 within the State of California; and
WHEREAS, the increase of reported cases and deaths associated with COVID-19 also
prompted the County of San Luis Obispo to proclaim a local public health emergency on
March 13, 2020; and
WHEREAS, on March 16, 2020, the Governor of the State of California issued an
executive order, Executive Order N-28-20, which suspends any state law that would preempt or
otherwise restrict a local government’s exercise of its police powers to impose substantive
restrictions on residential or commercial evictions based on nonpayment of rent, or a foreclosure,
arising out of a substantial decrease in household or business income or substantial out-of-pocket
medical expenses caused by the COVID-19 pandemic, or any local, state, or federal government
response to COVID-19 that is documented; and
WHEREAS, Section 4-4.07 of the Atascadero Municipal Code and the Emergency
Service Act (Gov. Code §§ 8550 et seq.) empower the Director of Emergency Services (City
Manager) to proclaim a local emergency when the City is affected by extreme peril to the safety
of persons and property within the territorial limits of the city caused by such conditions as an
epidemic, and on March 14, 2020 the Director issued a proclamation declaring a Local
Emergency due to COVID-19; and
WHEREAS, on March 17, 2020, the City Council adopted Resolution 2020-005
declaring the existence of a local emergency with the City due to COVID 19
Page 28 of 67
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
04/14/20
1
WHEREAS, on March 18, 2020, the San Luis Obispo County Emergency Services
Director issued Local Emergency Order and Regulation No. 3, providing for suspension of
commencement of evictions related to COVID-19 (attached hereto and incorporated by reference
as Exhibit A); and
WHEREAS, on March 18, 2020, the San Luis Obispo County Emergency Services
Director further issued a Countywide Shelter at Home Order and Regulation No. 4 for the County
of San Luis Obispo that took effect on Thursday, March 19, 2020 at 5:00 pm., and that was
further amended and ratified by the County Health Officer on March 21, 2020 (“Order No. 4”)
(attached hereto and incorporated by reference as Exhibit B); and
WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20,
(attached hereto and incorporated by reference as Exhibit C); including the Order of the State
Public Health Officer mandating all individuals living in the State of California to stay home or at
their place of residence except as needed to maintain continuity of operations of the federal
critical infrastructure sectors, as outlined at https://www.cisa.gov/identifying-critical-
infrastructure-during-covid-19; and
WHEREAS, on March 21, 2020, the San Luis Obispo County Emergency Services
Director issued an Amendment to Local Emergency Order and Regulation No. 4 COVID-19 to set
forth the definitions of Minimum Basic Operations and Essential Travel for Order No. 4 and make
clear the County Health Officer’s concurrence with Order No. 4 ratifying said order in full; and
WHEREAS, on June 11, 2019 the City appointed the San Luis Obispo County Health
Officer as the City Health Officer and further consented to the enforcement of laws relating to the
public health by the San Luis Obispo County Health Officer within the City of Atascadero
(Resolution No. 2019-038); and
WHEREAS, the City of Atascadero will be required to help enforce all restrictions imposed
by the State of California and by the County of San Luis Obispo acting as the health agency and, to
the extent there are conflicts in the State and County home shelter orders, the City intends to adhere
to the most restrictive standard, unless otherwise directed by the County Emergency Services
Director or Public Health Officer; and
WHEREAS, Health & Safety Code Sections 101029 and 120155 authorize the City’s
peace officers to enforce orders of the State and County Public Health Officers issued for the
purpose of preventing the spread of any contagious, infectious, or communicable disease and
Government Code Section 41601 further authorizes the City’s Chief of Police to enforce local
health orders to prevent the spread of disease; and
WHEREAS, in accordance with the Governor’s Executive Order N-28-20 and San Luis
Obispo County’s Local Emergency Order and Regulation No. 3 COVID-19, there is an urgent need
to issue limitations on the authority of landlords to commence evictions of tenants within the
jurisdiction of the City in order to protect the health, safety and welfare citizens within the
jurisdiction of the City in light of the proclaimed State and local emergency and the declared local
public health emergency regarding the COVID-19 pandemic; and
Page 29 of 67
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
04/14/20
1
WHEREAS, the COVID-19 pandemic continues to spread rapidly worldwide and in the
U.S., continuing to present an immediate and significant risk to public health and safety, and
resulting in serious illness or death to vulnerable populations, including the elderly and those
with underlying health conditions; and
WHEREAS, heightened levels of public health and safety planning and preparedness
have been necessitated in preparation for and response to confirmed cases of COVID-19 in the
County of San Luis Obispo, and rapid response not lending itself to otherwise applicable notice
and approval timelines has been and will be necessary to respond to the rapidly evolving
pandemic and to mitigate against the spread of COVID-19 and its resulting public health and
safety impacts; and
WHEREAS, in the absence of such actions, County wide health services may become
overwhelmed and unable to keep up with medical demand for care and availability of hospital or
care facility capacity.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. All recitals set forth above, and all recitals included in support of Federal,
State and County actions referenced herein (including County Order No. 3 and Order. 4, as
amended, and Executive Orders N-28-20 and N-33-20), are adopted as though fully set forth
herein as findings in support of this Urgency Ordinance; and
SECTION 2. A local emergency continues to exist throughout the City, and the City has
been undertaking, and will continue through cessation of this emergency to undertake, necessary
measures and incur necessary costs, which are directly related to the prevention of the spread of the
COVID-19 Virus and are taken in furtherance of: the Governor’s Proclamation of a State of
Emergency on March 4, 2020; the President of the United States’ Declaration of a National
Emergency on March 13, 2020; the City Council Resolution 2020-005 declaring the existence of a
local emergency with the City due to COVID 19; the County Emergency Services Director’s
Proclamation of Local Emergency and the County Public Health Director’s Declaration of a Public
Health Emergency and related orders and directions, including Order No. 3 and Order No. 4; and the
Governor’s Executive Order No. N-33-20; and
SECTION 3. During the existence of said local emergency, the powers, functions, and duties
of the Emergency Services Director and the Emergency Organization of this City shall be those
prescribed by state law, ordinances, and resolutions of this City and by the Atascadero Emergency
Operations Plan, notwithstanding otherwise applicable procedures, timelines or methods of action
and the Emergency Services Director is expressly authorized to take any and all actions in furtherance
of emergency powers to address the local emergency.
SECTION 4. San Luis Obispo County Emergency Services Director Orders Nos. 3 and 4,
establishing regulations for the suspension of commencement of evictions through May 31, 2020 and
mandatory shelter at home regulations, respectively, as currently in effect or as subsequently
amended by the County Emergency Services Director or County Board of Supervisors, and any and
all San Luis Obispo County Emergency Services Director Orders and Public Health Officer Orders
which may be issued in the future, are hereby expressly acknowledged and declared to be enforceable
Page 30 of 67
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
04/14/20
1
within the City of Atascadero and violations of Atascadero Municipal Code (AMC) Section 1-3.02.1
as if directly enacted by the City Council or as otherwise allowed by law.
SECTION 5. The Emergency Services Director and Administrative Services Director or
their designees are hereby directed and authorized to pursue recovery from all available State and
Federal agencies for reimbursement for COVID-19 related City costs and expenses from and after the
Determination that a Public Health Emergency Exists since January 27, 2020.
SECTION 6. In accordance with the Governor of the State of California’s Executive Order N-
2820, this ordinance shall remain in effect until August 31, 2020, unless extended or repealed by the
City Council. In order to prevent inconsistencies, the Director of Emergency Services may suspend the
effectiveness of any provision in this ordinance in the event that the President of the United States,
Congress, Governor of the State of California or California State Legislature or other body with
jurisdiction adopts an order or legislation that similarly prohibits evictions and foreclosures for failure to
pay rent by individuals impacted by the COVID-19 crisis.
SECTION 7. Severability. If any section, subsection, sentence, clause, phrase or word of
this ordinance is found to be unconstitutional or otherwise invalid by any court of competent
jurisdiction, such decision shall not affect the remaining provisions of this Urgency Ordinance.
SECTION 8. Urgency Declaration; Effective Date. The City Council finds and declares that
the adoption and implementation of this ordinance is necessary for the immediate preservation and
protection of the public peace, health and safety as detailed above and as the City and public would
suffer potentially irreversible displacement of commercial and residential tenants resulting from
evictions and foreclosure for failure to pay rent during the COVID-19 crisis. During this local
emergency, and in the interest of protecting the public health and preventing transmission of COVID-
19, it is essential to avoid unnecessary housing displacement, to protect the City’s affordable housing
stock, and to prevent housed individuals from falling into homelessness, especially given state and
county directives to stay at home. Promoting stability amongst commercial tenancies is also
conducive to public health, allowing businesses to follow the advice and directives of public health
officials to close and allowing employees to avoid public contact during times of a public health crisis
without fear of imminent eviction or foreclosure. Loss of income as a result of COVID-19 may
inhibit City residents and businesses from fulfilling their financial obligations, including payment of
rent and mortgages. Enforcement of State and County State at Home Orders, as stated in the Public
Health Officer orders incorporated herein by reference, is further necessary to protect the spread of
COVID-19. Under Government Code Section 8634 and PRMC Chapter 2.64, this ordinance is
necessary to provide for the protection of life and property for the reasons set out herein. The Council
therefore finds and determines that the immediate preservation of the public peace, health and safety,
and protection of life and property, require that this Ordinance be enacted as an urgency ordinance
pursuant to Government Code section 36937 and take effect immediately upon adoption by four-
fifths of the City Council.
SECTION 9. Publication. The City Clerk shall certify to the adoption of this Urgency
Ordinance no later than fifteen (15) days following the passage of this Urgency Ordinance, the
Urgency Ordinance, along with the names of the City Council members voting for and against
the Urgency Ordinance, shall be published in a newspaper of general circulation in the City of
Atascadero.
Page 31 of 67
ITEM NUMBER: B-2
DATE:
ATTACHMENT:
04/14/20
1
PASSED AND ADOPTED by the City Council of the City of Atascadero, California, held on
the 14th day of April 2020, by a vote of at least four-fifths of the City Council.
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Amanda Muther, Deputy City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
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ATTACHMENT: 1A
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LOCAL EMERGENCY ORDER AND REGULATION NO. 4
COVID-19
MANDATORY SHELTER AT HOME -- ALL INDIVIDUALS LIVING IN THE
COUNTY; EXCEPT THAT INDIVIDUALS MAY LEAVE TO PROVIDE OR
RECEIVE CERTAIN ESSENTIAL SERVICES OR ENGAGE IN CERTAIN
ESSENTIAL ACTIVITIES AND WORK FOR ESSENTIAL BUSINESSES AND
GOVERNMENTAL SERVICES; EXEMPTING INDIVIDUALS EXPERIENCING
HOMELESSNESS BUT URGING HOMELESS TO FIND SHELTER AND
GOVERNMENT AGENCIES TO PROVIDE IT; DIRECTING ALL BUSINESSES
AND GOVERNMENTAL AGENCIES TO CEASE NON-ESSENTIAL OPERATIONS
AT PHYSICAL LOCATIONS IN THE COUNTY; PROHIBITING ALL NON-
ESSENTIAL GATHERINGS OF ANY NUMBER OF INDIVIDUALS; AND
CESSATION OF NON-ESSENTIAL TRAVEL
Please read this order carefully. Violation of or failure to comply with this order is a
misdemeanor punishable by fine, imprisonment, or both. (County Code § 2.80.130.)
WHEREAS, at 10:00 a.m. on March 13, 2020, a Proclamation of Local Emergency
was issued by the Emergency Services Director; and
WHEREAS, pursuant to Government Code Section 8634 and Title 2, Chapter 2.80,
Section 2.80.080 of the San Luis Obispo County Code, the Chairman of the Board of
Supervisors or in the event he is unavailable the Emergency Services Director, is empowered
to make and issue orders and regulations on matters reasonably related to the protection of
life and property; and
WHEREAS, COVID-19 presents an imminent and proximate threat to public health,
and the residents of San Luis Obispo County; and
WHEREAS, heightened levels of public health and safety planning and preparedness
have been necessitated in preparation for the emergence of confirmed cases of COVID-19,
and now that cases have been confirmed in the County, immediate action must be taken to
prevent the spread of the virus and to limit high risk activities and gatherings in all public
places; and
WHEREAS, it is critical that we ensure the safety and health of our County
population; and
WHEREAS, the Emergency Services Director, in consultation with the County
Health Officer and with the support of the seven cities within San Luis Obispo County,
deems the following immediate actions are necessary to mitigate the spread of COVID-19;
NOW, THEREFORE, it is ordered as follows:
ITEM NUMBER: B-2
DATE: 04/14/20
ATTACHMENT: 1B
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2
1. This order is effective as of Thursday, March 19, 2020, at 5:00 p.m. and shall
continue in effect until April 17, 2020 at 12:01 p.m., unless modified or
rescinded. It shall be reviewed every 14 days to determine the need to continue
this order.
2. The intent of this order is to ensure that the greatest number of people remain in their
places of residence to the maximum extent feasible, while enabling essential services
to continue, to slow the spread of COVID-19 as much as possible. When people need
to leave their places of residence, whether to obtain or perform vital services, or to
otherwise facilitate authorized activities necessary for continuity of social and
commercial life, they should at all times, as reasonably possible, comply with Social
Distancing Requirements as defined in Section 11, below. All provisions of this order
should be interpreted to effectuate this intent. Failure to comply with any of the
provisions of this order constitutes an imminent threat to public health.
3. All individuals currently living within San Luis Obispo County (the "County") are
ordered to remain at their place of residence. To the extent individuals are using
shared or outdoor spaces, they must at all times as reasonably possible maintain social
distancing of at least six feet from any other person when they are outside their
residence. Social Distancing Requirements are waived for all household members .
All persons may leave their residences only for Essential Activities, Essential
Governmental Functions, or to operate Essential Businesses, all as defined in Section
11 of this order. Individuals experiencing homelessness are exempt from this Section
2, but are strongly urged to obtain shelter, and governmental and other entities are
strongly urged to make such shelter available as soon as possible and to the maximum
extent practicable (and to utilize Social Distancing Requirements in their operation).
4. All businesses with a facility in the County, except Essential Businesses as defined in
Section 11 of this order, are required to cease all activities at facilities located within
the County except Minimum Basic Operations, as defined in Section 11. For clarity,
businesses may also continue operations consisting exclusively of employees or
contractors performing activities at their own residences (i.e., working from home).
All Essential Businesses are strongly encouraged to remain open. To the greatest
extent feasible, Essential Businesses shall comply with Social Distancing
Requirements as defined in Section 11 of this order, including, but not limited to,
when any customers are standing in line.
5. All public and private gatherings of any number of people occurring outside a
household or living unit are prohibited, except for the limited purposes as expressly
permitted in Section 11. Nothing in this order prohibits the gathering of members of a
household or living unit.
6. All travel, including, but not limited to, travel on foot, bicycle, scooter, motorcycle,
automobile, or public transit, except Essential Travel and Essential Activities as
defined in Section 11, is prohibited. People must use public transit only for purposes
ITEM NUMBER: B-2
DATE: 04/14/20
ATTACHMENT: 1B
Page 38 of 67
3
of performing Essential Activities or to travel to and from work to operate Essential
Businesses or maintain Essential Governmental Functions. People riding on public
transit must comply with Social Distancing Requirements as defined in Section 11, to
the greatest extent feasible. This order allows travel into or out of the County to
perform Essential Activities , operate Essential Businesses, or maintain Essential
Governmental Functions.
7. This order is issued based on evidence of increasing occurrence of COVID-19 within
the County and throughout the State of California, scientific evidence and best
practices regarding the most effective approaches to slow the transmission of
communicable diseases generally and COVID-19 specifically, and evidence that the
age, condition, and health of a significant portion of the population of the County
places it at risk for serious health complications, including death, from COVID-19.
Due to the outbreak of the COVID-19 virus in the general public, which is now a
pandemic according to the World Health Organization, there is a public health
emergency throughout the County. Making the problem worse, some individuals who
contract the COVID-19 virus have unrecognized infection or have mild symptoms,
which means they may not be aware they carry the virus. Because even people
without symptoms can transmit the disease, and because evidence shows the disease
is easily spread, gatherings can result in preventable transmission of the virus. The
scientific evidence shows that at this stage of the emergency, it is essential to slow
virus transmission as much as possible to protect the most vulnerable and to prevent
the health care system from being overwhelmed. One proven way to slow the
transmission is to limit interactions among people to the greatest extent practicable.
By reducing the spread of the COVID-19 virus, this order helps preserve critical and
limited healthcare capacity in the County.
8. This order is also issued in light of the existence of 7 identified cases of COVID-19
within the County, as well as at least 598 confirmed cases and 13 deaths in California,
as of March 17, 2020, at 6:00 p.m. P.S.T. In addition, there have been a significant
and increasing number of suspected cases of community transmission and this is
likely to continue. Widespread testing for COVID-19 is not yet available but is
expected to increase in the coming days. This order is necessary to slow the rate of
spread and the County Health Officer will re-evaluate it as further data becomes
available.
9. This order is issued in accordance with, and incorporates by reference, the March 4,
2020 Proclamation of a State of Emergency issued by Governor Gavin Newsom, the
March 13, 2020 Proclamation by the Director of Emergency Services Declaring the
Existence of a Local Emergency in the County, the March 13, 2020 Declaration of
Local Health Emergency Regarding Novel Coronavirus (COVID-19) issued by the
Health Officer, the March 17, 2020 Resolution of the Board of Supervisors of the
County of San Luis Obispo Ratifying the Declaration of a Local Health Emergency,
and the March 17, 2020 Resolution of the Board of Supervisors of the County of San
Luis Obispo Ratifying the Declaration of a Local Health Emergency.
ITEM NUMBER: B-2
DATE: 04/14/20
ATTACHMENT: 1B
Page 39 of 67
4
10. This order follows the release of substantial guidance from the County Health Officer,
the Centers for Disease Control and Prevention, the California Department of Public
Health, and other public health officials throughout the United States and around the
world, including a variety of prior orders to combat the spread and harms of COVID-
19. The County Health Officer will continue to assess the quickly evolving situation
and may modify or extend this order, or issue additional orders, related to COVID-19.
11. The following definitions and exemptions apply to this order:
a. "Social Distancing" means the practice of maintaining a physical distance of six
feet or greater from other people or of avoiding direct contact with people or
objects in public places during the outbreak of a contagious disease in order to
minimize exposure and reduce the transmission of infection.
b. For purposes of this order, individuals may leave their residence only to perform
any of the following "Essential Activities. " But people at high risk of severe
illness from COVID-19 and people who are sick are urged to stay in their
residence to the extent possible except as necessary to seek medical care.
(1) To engage in activities or perform tasks essential to their health and safety, or
to the health and safety of their family or household members (including, but
not limited to, pets), such as, by way of example only and without limitation,
obtaining medical supplies or medication, visiting a healthcare professional, or
obtaining supplies they need to work from home.
(2) To obtain necessary services or supplies for themselves and their family or
household members, or to deliver those services or supplies to others, such as,
by way of example only and without limitation, canned food, dry goods, fresh
fruits and vegetables, pet supply, fresh meats, fish, and poultry, and any other
household consumer products, and products necessary to maintain the safety,
sanitation, and essential operation of residences.
(3) To engage in outdoor activity, provided the individu als comply with Social
Distancing Requirements as defined in this Section, such as, by way of
example and without limitation, walking, hiking, running, bicycling,
swimming or camping (household members only).
(4) To perform work providing essential products and services at an Essential
Business or to otherwise carry out activities specifically permitted in this
Order, including Minimum Basic Operations.
(5) To care for a family member or pet in another household.
ITEM NUMBER: B-2
DATE: 04/14/20
ATTACHMENT: 1B
Page 40 of 67
5
c. For purposes of this order, individuals may leave their residence to work for or
obtain services at any "Healthcare Operations" including hospitals, clinics,
dentists, pharmacies, pharmaceutical, biotechnology companies, and blood bank
services, other healthcare facilities, healthcare suppliers, home healthcare services
providers, behavioral health providers, or any related and/or ancillary healthcare
services. "Healthcare Operations" also includes veterinary care and all healthcare
services provided to animals. This exemption shall be construed broadly to avoid
any impacts to the delivery of healthcare, broadly defined. "Healthcare
Operations" does not include fitness and exercise gyms and similar facilities.
(1) For purposes of this order, individuals may leave their residence to provide
any services or perform any work necessary to the operations and maintenance
of "Essential Infrastructure," including, but not limi ted to, public works
construction, construction of housing (in particular affordable housing or
housing for individuals experiencing homelessness), airport operations, water,
sewer, gas, electrical, oil refining, energy production, roads and highways,
public transportation, solid waste collection and removal, internet, and
telecommunications systems (including the provision of essential glob al,
national, and local infrastructure for computing services, business
infrastructure, communications, and web-based services), provided that they
carry out those services or that work in compliance with Social Distancing
Requirements as defined this Section, to the extent possible.
(2) For purposes of this order, all first responders, emergency management
personnel, emergency dispatchers, court personnel, law enforcement
personnel, and certain public health personnel, and others who need to perform
essential services are categorically exempt from this order. Further, nothing in
this order shall prohibit any individual from performing or accessing
"Essential Governmental Functions," as determined by the governmental
entity performing those functions. Each governmental entity shall identify and
designate appropriate employees or contractors to continue providing and
carrying out any Essential Governmental Functions. All Essential
Governmental Functions shall be performed in compliance with Social
Distancing Requirements as defined in this Section, to the extent possibl e.
(3) For the purposes of this order, covered businesses include any for-profit, non-
profit, or educational entities, regardless of the nature of the service, the
function they perform, or its corporate or entity structure.
(4) For the purposes of this order, "Essential Busi nesses" means:
(a) Healthcare Operations and Essential Infrastructure;
(b) Grocery stores, certified farmers' markets, farm and produce stands,
supermarkets, food banks, convenience stores, and other establishments
ITEM NUMBER: B-2
DATE: 04/14/20
ATTACHMENT: 1B
Page 41 of 67
6
engaged in the retail sale of canned food, dry goods, fresh fruits and
vegetables, pet supply, fresh meats, fish, and poultry, and any other
household consumer products (such as cleaning and personal care
products). This includes stores that sell groceries and also sell other non-
grocery products, and products necessary to maintaining the safety,
sanitation, and essential operation of residences;
(c) Food cultivation, including farming, livestock, and fishing;
(d) Businesses that provide food, shelter (including hotels, motels, and similar
establishments) social services, and other necessities of life for
economically disadvantaged or otherwise needy individuals;
(e) Newspapers, television, radio, and other media services;
(f) Gas stations and auto-supply, auto-repair, and related facilities;
(g) Banks and related financial institutions;
(h) Hardware stores;
(i) Plumbers, electricians, exterminators, and other service providers who
provide services that are necessary to maintaining the safety, sanitation,
and essential operation ofresidences, Essential Activit ies , and Essential
Businesses:
(i) Businesses providing mailing and shipping services, including post office
boxes;
(k) Educational institutions- includingpublic and private K-12 schools,
colleges, and universities - for purposes of facilitating distance learning or
performing essential functions, and governmental continuit y, provided that
Social Distancing Requirements as defined in this Section, to the extent
possible;
(I) Laundromats, dryclea ners, and laundry service providers;
(m) Restaurants and other facilities that prepare and serve food, but only for
delivery or carry out. Schools and other entities that typically provide free
food services to students or members of the public may continue to do so
under this order on the condition that the food is provided to students or
members of the public on a pick-up and take-away basis only. Schools and
other entities that provide food services under this exemption shall not
permit the food to be eaten at the site where it is provided, or at any other
gathering site;
ITEM NUMBER: B-2
DATE: 04/14/20
ATTACHMENT: 1B
Page 42 of 67
7
(n) Businesses that supply products needed for people to work from home;
(o) Businesses that supply other essential businesses with the support or
supplies necessary to operate;
(p) Businesses that ship or deliver groceries, food, goods or services directly to
residences;
(q) Airlines, taxis, and other private transportation providers providing
transportation services necessary for Essential Activities and other
purposes expressly authorized in this order;
(r) Home-based care for seniors, adults, or children;
(s) Residential facilities and shelters for seniors, adults, and children;
(t) Professional services, such as legal or accounting services, when necessary
to assist in compliance with legally-mandated activities;
(u) Childcare facilities providing services that enable employees exempted in
this order to work as permitted;
(v) Businesses engaged in any form of cultivation of products for personal
consumption or use, including farming, ranching, livestock, fishing,
dairies, creameries, wineries, breweries, and associated activities,
including, but not limited to, activities or businesses associated with
planting, growing, harvesting, processing, cooling, storing, packaging, and
transporting such products, or the wholesale or retail sale of such products,
but prohibiting public consumption on premises and provided that, to the
extent possible, such businesses comply with Social Distancing
Requirements and otherwise provide for the health and safety of their
employees;
(w) On-going commercial construction (meaning commercial construction that
actually commenced, and was not just permitted, prior to the effective date
of this order), provided that such activity implements Social Distancing
Requirements to the extent feasible and otherwise provides for the health
and safety of their employees.
12. For businesses subject to environmental health regulations, inspections of such
business facilities will continue to ensure compliance with this order and other
applicable regulations.
ITEM NUMBER: B-2
DATE: 04/14/20
ATTACHMENT: 1B
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ATTACHMENT: 1C
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ITEM NUMBER: B-2
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ATTACHMENT: 1C
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ITEM NUMBER: C-1
DATE: 04/14/20
Atascadero City Council
Staff Report – Community Development Department
6th Cycle Housing Element Update
(CPP19-0067)
RECOMMENDATION:
Council receive an update and provide feedback to staff and the Housing Element
Consultant regarding housing opportunity sites and policies for inclusion in the Housing
Element Update.
DISCUSSION:
Background
The City started the Housing Element update process in January of 2020. A joint Planning
Commission and City Council hearing took place on January 28, 2020. At that time, the
Consultant outlined the process and received comments. Since that date, staff and the
Consultant have begun the work of identifying the specific number of units that will need
to be accommodated in the City over the course of the Housing Cycle that ends in 2028.
Additionally, we have begun the work of identifying what inventory is available in the City
to accommodate future housing stock.
Although the City’s Regional Housing Needs Allocation (RHNA) requires that our General
Plan be designed to accommodate 843 during this current cycle, many of these units were
already in process as the cycle began in 2019. Most importantly, t he RHNA establishes
not only the total number of units but also the number of affordable units that the City
must accommodate. The updated Housing Element must make accommodations and
identify sites to meet the housing allocation across all income categories.
Analysis
Regional Housing Needs Allocation (RHNA)
The 6th cycle RHNA for the San Luis Obispo region covers a 10 -year planning period
(December 31, 2018 through December 31, 2028) and is divided into four income
categories: extremely/very low, low, moderate, and above moderate. As determined by
San Luis Obispo Council of Governments (SLOCOG), the City of Atascadero’s fair share
allocation is 843 new housing units during this planning cycle, with the units divided
among the four income categories as shown in Table 1.
Page 50 of 67
ITEM NUMBER: C-1
DATE: 04/14/20
Table 1: City of Atascadero RHNA Allocation 2018-2028
Income Group
Total
Housing
Units
Percentage
of Units
Extremely/Very Low Income (0-
50% AMI)*
207 25%
Low Income (51-80% AMI) 131 16%
Moderate Income (80-120% AMI) 151 18%
Above Moderate Income (121+%
AMI)
354 42%
Total 843 100%
Note:
AMI: Area Median Income
* Note: Pursuant to AB 2634, local jurisdictions are also required to project the
housing needs of extremely low-income households (0-30% AMI). In estimating
the number of extremely low-income households, a jurisdiction can use 50% of
the very low-income allocation (103 units).
Progress towards the RHNA - Credits
Jurisdictions may count any housing units permitted or approved from January 1, 2019 to
the start of the Housing Element planning period (December 31, 2020). This is extremely
important since 2019 was a very significant year for housing development in Atascadero.
More than 600 units (mostly above moderate) were permitted or in process in 2019.
Therefore, we have an excellent head start in accomplishing our planning cycle goals and
the RHNA numbers will be greatly reduced for the remaining years.
Affordability levels of Units Credited Towards the RHNA
Since January 1, 2019, 673 housing units have been completed, issued, or approved in
Atascadero (Table 2). These units include 36 very low-income units, 25 low-income units,
60 moderate-income units, and 552 above moderate -income units. Therefore, all of the
City’s required RHNA in the above moderate category has been completed. We will now
need to focus our attention on providing policies and land that can accommodate units in
the lower income categories. Typically, these units can only be accomplished with deed-
restrictions.
Based on current rent trends, 50% of Accessory Dwelling Units (ADU’s) will be allocated
toward the low-income affordability category with the remaining 50% allocated toward the
moderate category. Similarly, some multi-family units can count toward the moderate
income category based on unit size. This is extremely important, since these units will fit
the category of “Affordable by Design” without being deed restricted and requiring
additional oversight.
Remaining RHNA
Atascadero has a remaining RHNA of 266 units (171 extremely low/very low-income
units and 95 low-income units) that must be achievable within housing opportunity sites
identified in the updated Housing Element. Table 2 below provides the details:
Page 51 of 67
ITEM NUMBER: C-1
DATE: 04/14/20
Table 2: RHNA Credits
Ex./Very
Low
Income (0-
50% AMI)*
Low
Income
(51-80%
AMI)
Moderate
Income
(80-120%
AMI)
Above
Moderate
Income
(121+%
AMI) Total
Credits
Building Permits (Finaled/Issued/Applied)
Single Family Units2 0 0 1 110 111
Manufactured Homes1 0 0 3 0 3
Multi-Family Units3 3 6 73 74 156
Accessory Dwelling Units4 0 11 12 0 23
Subtotal 3 17 89 184 293
Planning Approvals
Emerald Ridge (multi-family units)3 0 0 86 86 172
Grand Oaks Micro Homes (SFR)5 0 0 30 0 30
Hartberg PD3 (multi-and single-
family units) 3 6 19 47 75
People's Self Help2 30 10 0 0 40
Principal Mixed Use (attached/
detached single-family units)2 0 3 3 46 52
Single-Family Units, miscellaneous 0 0 0 3 3
Multi-Family Units, miscellaneous3 0 0 4 4 8
Subtotal 33 19 33 295 380
Total Credits 36 36 231 370 673
2018-2028 RHNA 207 131 151 354 843
Remaining RHNA after Credits
Applied 171 95 -80 -16 266
1. Affordability manufactured homes are assumed to be within the affordability range of moderate-income families as
these housing types provide more affordable options without the units being subsidized. The average cost for a
manufactured unit in Atascadero is $180,363 for a typical 3 bedroom unit according to the San Luis Obispo County
Accessory Dwelling Unit and Mobile/Manufactured Home Market Study Report, January 2020.
2. Identified affordable units have a declaration of restrictions recorded on the property.
3. Affordability for multi-family units in the very low and low income categories is based on a declaration of restrictions
recorded on the property. Affordability for non-restricted multi-family units are divided evenly between the moderate
and above moderate income categories based on market costs for multifamily rental units. 2018 Census rental cost data
by bedroom and 2020 HUD 50th Percentile Rents show that market rents for multifamily units in Atascadero are
affordable to moderate income households while larger units are affordable to above moderate income households.
4. Affordability for ADUs is divided evenly between the low- and moderate-income categories. In March 2020,
Apartments.com estimated that the average rent for a studio apartment in Atascadero ($893) and the average rent for a
one-bedroom apartment in Atascadero ($1,306) meets the affordability criteria for low-income persons (studio units,
one-person households) for moderate-income persons (one-bedroom units, one-person households).
5. Grand Oaks Micro Homes fall within the affordability levels for moderate-income households. Additionally, 3 units
within the Grand Oaks development are deed restricted for moderate-income households via a density bonus
agreement.
Page 52 of 67
ITEM NUMBER: C-1
DATE: 04/14/20
Sites Inventory Considerations
State law requires that jurisdictions demonstrate in the Housing Element that the land
inventory is adequate to accommodate their RHNA. The City has a remaining RHNA of
266 units in the extremely/very low and low-income categories. The City has various
residential and mixed use development opportunities with sufficient capacity to meet and
exceed the identified housing need.
The State looks at two main considerations when determining whether a jurisdiction’s
land inventory can adequately provide sufficient opportunity to meet the RHNA. Those
factors are:
1. Realistic Capacity
Consistent with HCD Guidelines, the methodology for determining realistic
capacity on each identified site must account for land use controls and site
improvements. A realistic density calculation of 80 percent of the maximum density
will be applied to sites allowing multifamily development. The 80 percent buildout
factor is based on historical trends and the assumption that development
standards, combined with unique site features, may not always lead to 100 percent
buildout. In Atascadero specifically, slope can play a major factor in reducing
density on multi-family sites. The realistic capacity for mixed-use development is
based on typical densities of existing or approved mixed-use developments. The
two most recently approved mixed-use projects in Atascadero, La Plaza
Development (currently under construction) and the Downtown Colony Lofts
(approved in 2019) will be developed at 28.2 and 27.8 units/acre, respectively. A
realistic density calculation of 80 percent of the maximum density will be applied
to sites allowing mixed-use development. To ensure that the realistic capacity
takes into consideration the development of non -residential uses for mixed-use
projects, only half the site acreage is used in the capacity calculation. This provides
for a conservative estimate of development potential.
2. Density
The capacity of sites that allow development densities of at least 20 units per acre
are credited toward the lower-income RHNA based on State law. The California
Government Code states that if a local government has adopted density standards
consistent with the population based criteria set by State law (at least 20 units per
acre for Atascadero), HCD is obligated to accept sites with those density standards
(20 units per acre or higher) as appropriate for accommodating the jurisdiction’s
share of regional housing need for lower-income households. Per Government
Code Section 65583.2(c)(3)(B), the City’s High Density Residential designation
(20-24 du/ac) is consistent with the default density standard (20 units per acre)
and is therefore considered appropriate to accommodate housing for lower-income
households. The City’s Downtown and Commercial Neighborhood designations
are an additional area that can accommodate additional density as these locations
are close to transit, services, and retail uses. Unlike a residential multi-family zone,
the commercial zones are appropriate to accommodate moderate-income housing
only when it can be demonstrated the units can preserve ground floor commercial
space in a true vertical mixed-use project. The Commercial Professional (CP) and
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ITEM NUMBER: C-1
DATE: 04/14/20
Commercial Retail (CR) zones can also accommodate a portion of vertical mixed
use when residential units are built above commercial spaces.
Sites Inventory
The Housing Element Sites Inventory consists predominantly of vacant residential and
mixed-use sites in addition to projected ADU production, two vacant single -family
residential sites with proposed development, and two underutilized high density
residential sites with a high probability of development within the planning period.
Together, these sites ensure that the remaining RHNA can be more than provided for in
the planning period.
Consistent with updated Housing Element law (Assembly Bill 1397) relat ed to the
suitability of small and large sites, the lower income sites inventory presented in this
section is limited to parcels that are between 0.5 and 10 acres in size, as the State has
indicated these size parameters are most adequate to accommodate lo wer income
housing need.
There are no identified constraints on these sites that would prevent development or
reuse during the Housing Element period. Table 3 summarizes the sites inventory (see
also Figures 1 and 2).
Table 3: Sites Inventory Summary
Ex./Very
Low
Income
(0-50%
AMI)*
Low
Income
(51-80%
AMI)
Moderate
Income
(80-120%
AMI)
Above
Moderate
Income
(121+%
AMI) Total
Sites
Accessory Dwelling Units1 0 45 45 0 90
Vacant/Proposed Project Single
Family Residential (SFR) Sites with
ADUs1 0 5 5 10 20
Vacant High Density Residential
(HDR) Sites2 129 0 0 0 129
Vacant Mixed Use Sites2 85 0 0 0 85
Underutilized High Density
Residential (HDR) Sites2 37 0 0 0 37
Total Units 251 50 50 10 361
Remaining RHNA after Credits
Applied 171 95 -80 -16 266
Surplus/Shortfall (+/-) after sites
applied -80 45 -130 -26
Redistributed Surplus/Shortfall
(+/-) -35 0 -130 -26
Notes:
1. ADUs are divided evenly between the low- and moderate-income categories. In March
2020, Apartments.com estimated that the average rent for a studio apartment in Atascadero
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ITEM NUMBER: C-1
DATE: 04/14/20
The Sites Inventory has capacity for 361 units, 301 of which are on sites suitable for
development of lower-income housing. Overall, the City has the ability to adequately
accommodate the remaining RHNA of 266 units without rezoning land, with a surplus of
sites to accommodate an additional 35 units beyond the lower income RHNA . However,
the inventory does rely on developing some residential above commercial uses within
“Mixed Use” projects. It is important to note that these sites and strategies still need to be
approved by the State. Should the State request reductions in projected development, or
additional sites to accommodate variations in development on identified sites, the City
may need to pursue rezoning of sites at that time.
Detailed Sites Inventory
1. Accessory Dwelling Units
The City projects that during the planning period, approximately 90 accessory
dwelling units (ADUs) will be developed (10 per year, consistent with recent ADU
development activity in Atascadero). This is a conservative estimate as new State
law exempts units less than 750 square-feet from paying development impact fees.
We anticipate a greater number of applications for smaller ADUs based on this
new law. All ADUs, regardless of size can be included as credits consistent with
HCD guidelines. New ADUs are anticipated to be affordable to low- and moderate-
income households given their comparable size and rent relative to small rental
units in Atascadero (studio and one-bedroom units). The projected 90 ADUs are
divided evenly between the low- and moderate-income categories. In March 2020,
Apartments.com estimated that the average rent for a studio apartment in
Atascadero, CA is $893 and the average rent for a one -bedroom apartment in
Atascadero, CA is $1,306. The rental cost for studio apartments meets the
affordability criteria for low-income, one-person households and the rental costs
for studio apartments meets the affordability criteria for moderate -income, one-
person households.
2. Vacant Single Family Residential (SFR) Sites
Two vacant Single Family Residential (SFR) sites are included in this inventory
due to proposed projects on the site. The Annex residential subdivision is in the
process of being developed with six single family homes and six accessory
dwelling units. The Atascadero Ave project is in the process of being developed
with four single family homes and four accessory dwelling units. The ADU s are
divided evenly between the low- and moderate-income categories based on
current rental rates. The single-family units are credited against the above -
moderate income RHNA.
($893) and the average rent for a one-bedroom apartment in Atascadero ($1,306) meets the
affordability criteria for low-income persons (studio units, one-person households) for
moderate-income persons (one-bedroom units, one-person households).
2. The capacity of sites that allow development densities of at least 20 units per acre are
credited toward the lower-income RHNA based on State law.
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3. Vacant High Density Residential (HDR) Sites
The sites inventory includes five vacant High Density Residential/RMF-24
(HDR/RMF24) sites totaling 5.9 acres with a realistic capacity of 129 units (See
Table 4). The HDR designation allows a density of 20 to 24 units per acre. Because
these sites allow development densities of at least 20 units per acre they are
credited toward the lower-income RHNA based on State law.
HDR Sites 1, 4, and 5 listed in the table below, are subject to the provisions of AB
1397 which requires that vacant sites identified in the previous two Housing
Elements only be deemed adequate to accommodate a portion of the housing
need for lower income households if the site is zoned at a minimum density of 20
units per acre and the site allows residential use by right for housing developments
in which at least 20 percent of the units are affordable to lower income households.
The sites identified below are proposed for inclusion in the 6th Cycle Housing
Element to meet the City’s RHNA. In the last Housing Element, the City opted to
allow development of any identified site “by right” in order to comply with State
requirements. It is recommended that this policy be carried over for identified HDR
sites to ensure conformance with State requirements.
Table 4: Vacant High Density Residential (HDR) Sites
HDR
Site
# APN Address Acres GP/Zone
Realistic
Capacity
(units) NOTE TO STAFF
11
049-042-
025
1055 El
Camino Real 1.80
HDR/RMF-
20 34
HDR Site 1 is located along El
Camino Real south of Santa Cruz
Road. South of the Hilltop
Mobile Manor. The site was
included in the 4th and 5th cycle
Housing Element.
2
049-151-
005
2405 El
Camino Real 2.04
HDR/RMF-
20 39
HDR Site 2 is part of the former
Walmart site. It is the only
parcel designated for HDR
within the project site. The site
was included in the 5th cycle
Housing Element. It is located at
the southeastern corner of the
site and adjacent to two parcels
with property owner upzone
requests (from RS to HDR).
3
028-192-
060, 061,
062, 063
5266, 5272,
5280 Traffic
Way, 5255
Alamo 0.67
HDR/RMF-
20 13
HDR Site 3 is located on Traffic
Way just north of Honda
Avenue. The GIS parcel data
shows one APN divided into 4
parts.
41
030-101-
053
8959
Curbaril 0.87
HDR/RMF-
20 17
HDR Site 4 is located on Curbrail
Avenue north of Santa Ysabel
Avenue. The site was included
in the 4th and 5th cycle Housing
Element.
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ITEM NUMBER: C-1
DATE: 04/14/20
Table 4: Vacant High Density Residential (HDR) Sites
HDR
Site
# APN Address Acres GP/Zone
Realistic
Capacity
(units) NOTE TO STAFF
51
045-321-
024
9355
Avenida
maria 0.51
HDR/RMF-
20 26
HDR Site 5 is a vacant portion of
the Knolls at the Avenida
project. The Phase 2 site is
approved for 26 affordable
farmworker housing units. The
site was included in the 4th and
5th cycle Housing Element.
Note:
1. Subject to the provisions of AB1397: Projects with at least 20% affordable units must be
permitted “by-right”.
4. Vacant Mixed Use Sites
Four mixed-use sites are included in the sites inventory with a total acreage of 8.8
acres and a total realistic capacity of 85 units (See Table 5). The sites are zoned
for Commercial Retail (CR) which allows a density of up to 24 units per acre. The
mixed-use sites in this inventory have been chosen based on their size, availability,
and appropriateness for residential development. Because these sites allow
development densities of at least 20 units per acre they are credited toward the
lower-income RHNA based on State law. It is important to understand that these
commercial sites also need to accommodate ground floor commercial land uses
and that this residential density assumes units that are built above the ground floor
consistent with current objective zoning requirements.
Table 5: Vacant Mixed Use Sites
Mixed
Use
Site #
APN Address Acres GP/Zone Realistic
Capacity
(units)
NOTE TO STAFF
1
049-163-
044
3745 El
Camino
Real 1.86 GC/CR 18
MU Site 1 is located on the east
side of El Camino Real just
south of Campbell Lane. The
site is the only vacant property
in a group of 4 Commercial
properties.
2
030-511-
001
8725
Arcade
Rd 0.65 GC/CR 6
MU Site 2 is located on Arcade
Road. It is one parcel removed
from El Camino Real. The size
and relatively low capacity
would likely accommodate a
development with 25%
residential.
3
030-512-
002, 011,
012
8580 El
Centro,
8805 &
8705
Cascada 1.10 GC/CR 11
MU Site 3 is located on Cascada
Road and is made up of 3
parcels. It is one parcel
removed from El Camino Real.
The size and relatively low
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ITEM NUMBER: C-1
DATE: 04/14/20
Table 5: Vacant Mixed Use Sites
Mixed
Use
Site #
APN Address Acres GP/Zone Realistic
Capacity
(units)
NOTE TO STAFF
capacity would likely
accommodate a development
with 25% residential.
4
045-331-
014
11600 El
Camino
Real 5.19
MU-
PD/CR 50
MU Site 4 (Dove Creek
commercial parcel) is located
on the west side of El Camino
Real north of Santa Barbara
Road and one block from the
City’s southern boundary. This
site has the potential to
become a mixed use node at
the south end of the City.
5. Underutilized High Density Residential (HDR) Sites
The sites inventory includes two partially vacant, underutilized High Density
Residential/RMF-24 (HDR/RMF24) sites (See Table 6). The City has additional
underutilized RMF-24 zoned sites but the included two sites were chosen for their
size, location, and high potential for redevelopment. The HDR designation allows
a density of 20 to 24 units per acre and are therefore credited towards the lower-
income RHNA based on State law.
Table 6: Underutilized High-Density Residential Sites
Undrutzd.
Site #
APN Address Acres GP/Zone Realistic
Capacity
(units)
NOTES
1 049-151-
020
2453 El
Camino
Real
1.4 HDR/RMF-
24
27 Underutilized Site 1 is located in
an area transforming from lower
density to high density residential
uses. On the north side, the site is
adjacent to a high density,
affordable housing project that is
approved and under
development. On the south side,
the site is one parcel removed
from a permitted 208-unit
apartment development. On the
east side, the site is adjacent to
two parcels with property owners
that have requested that the City
upzone their properties to
HDR/RMF-24. It is also located
just south of a large vacant
property that is zoned for a
commercial/ mixed-use
development. The size and
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ITEM NUMBER: C-1
DATE: 04/14/20
Table 6: Underutilized High-Density Residential Sites
Undrutzd.
Site #
APN Address Acres GP/Zone Realistic
Capacity
(units)
NOTES
location in an area that is
transforming to higher density
residential and mixed use make
this property very likely to
redevelop in the planning period.
The 1.93 acre site is currently
developed with one single-family
unit at the rear of the property.
Only the vacant portion of the
property is used to calculate
realistic capacity. The vacant
portion of the property (1.4 acres)
has a realistic capacity of 27 units.
2 030-121-
003
7298
Santa
Ysabel
0.51 HDR/RMF-
24
10 Underutilized Site 2 is located on
Santa Ysabel Avenue one parcel
removed from the east side of El
Camino Real. The site is located
adjacent to an area that is
intended to transform to mixed
and residential uses along El
Camino Real. The property backs
up to a commercial center (Adobe
Plaza) and is next to an apartment
complex. The 0.51 acre is
currently developed with one
single-family unit but the
remainder of the property is
unimproved. The property has a
realistic capacity of 10 units.
* An applicant has recently
submitted plans for this site and is
moving through the process. If
approved for construction, this
site will move to a credit site prior
to submittal to the State.
Page 59 of 67
ITEM NUMBER: C-1
DATE: 04/14/20
Potential Site Rezoning
The City has received several requests from property owners to rezone their properties
to higher residential densities (up-zone). The sites previously presented in the analysis
demonstrate that the City has adequate sites to meet the RHNA without the need for
rezoning. Nonetheless, the up-zone requests can provide the City with surplus sites that
can be used in the event that identified sites are developed with no residential uses (in
the case of mixed use sites) or lower densities that what has been identified.
The newest version of the State’s no net loss provision (Government Code Section
65863) stipulates that a jurisdiction must ensure that its Housing Element inventory can
accommodate its share of the RHNA by income level throughout the planning period. If a
jurisdiction approves a housing project at a lower density or with fewer units by income
category than identified in the housing element, it must quantify at the time of approval
the remaining unmet housing need at each income level and determine whether there is
sufficient capacity to meet that need. If not, the city must “identify and make available”
additional adequate sites to accommodate the jurisdiction’s share of housing need by
income level within 180 days of approving the reduced-density project. While the
identified sites currently show an excess of housing units that count toward the City’s
RHNA, it is important to note the State law assumes that the sites will develop with
affordable units as the majority, which is contrary to past development trends.
While the City has the option of rezoning as part of the Housing Element update effort
Staff and our consultant are not recommending rezoning at this time. Instead, these sites
should be considered at a later date as part the Citywide General Plan update. This
strategy not only creates a list of sites that can be considered should development of
identified sites not meet income projections, but also eliminates the need for a more
intensive CEQA process as part of the Housing Element process.
In the event that a site is removed, by the City or per HCD suggestion, and the City can
no longer show that it has adequate sites to meet the RHNA, these rezone requests can
be reexamined and one or several of the properties can be rezoned as part of the Housing
Element update. (The City has 3 years to rezone if it includes a rezoning program in the
Element).
It is important to note that, in the event that the City does not have adequate sites and
promises to rezone, Government Code 65583.2(h) requires that the rezoned sites must
permit owner-occupied and rental multifamily residential use “by right” for developments
in which at least 20 percent of the units are affordable to lower income households.
These sites must also be zoned with minimum density (20 units per acre) and
development standards that permit at least 16 units per site.
Not including a rezoning program in the Housing Element update also allows the City to
pursue rezoning on its own timeframe and avoid any of the legal requirements that come
with including a rezoning program in the Housing Element. Table 7 summarizes the
rezone requests received by the City. The properties in the rezone requests are also
shown on Figures 1 and 2.
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ITEM NUMBER: C-1
DATE: 04/14/20
Table 7: Rezone Requests Received by the City
Rezone
Request
(name of
requestor) Address APN
Size
(acres)
Current
GP/Zone Requested Rezone Notes
1. Athey 7255 and 7275
Portola Road
054-081 -
041, 045
0.25, 0.33,
and 4.19 acres
(total 4.78
acres)
SFR-Z/
RSF-Z
MDR/RMF-10
(request is for “4-
10 units per acre”)
The most reasonable rezone based on location
of the lot would be to SFR-X which would
allow up to 4 units per acre.
2. Frederick 2425 and 2435
El Camino Real
049-151-057,
-059
2.64 and 2.49
acres (total
5.13 acres)
SE/RS request is for
“higher density”
Suggest future rezoning to HDR/RMF-24 as
these properties are next to a vacant HDR
property and adjacent to the Peoples’ Self
Help and Emerald Ridge projects. If rezoned
these two parcels have a capacity of 98 units
that can be used to address the low and
moderate income RHNA
3. Schmidt 8455 Santa Rosa
Rd
056-301-039 14.86 SFR-Y/
RSF-Y
MDR/RMF-10
(request is for
“triplex style units”
This parcel is developed with Atascadero
Christian
Home. Owner/operators interested in higher
density for senior housing with “triplex style
units”
4. Manier 8910 Curbaril
Ave
030-141-022 0.48 SFR-X/
RSF-X
MDR/RMF-10
(request is for
“RMF-10”)
This property is located across the street from
RMF-24 neighborhood.
5.Mohammed
/ Zappas
8005, 8011,
8017, 8021,
8031, 8041,
8045, 8055
Curbaril
031-161-044
through -051
(8 parcels)
1.46 acres
total
GC/CP RMF (request is for
“housing with
commercial on
Morro)
The property is at the corner of Morro Rd and
Curbaril Ave and is developed with a parking
lot. A commercial center was approved but
never constructed.
6. Newton 11505 El
Camino Real &
11450 Viejo
Camino
045-342-009,
010
1.86, 2.35 P/P HDR/RMF-24
(request is for
“high density
residential”)
These properties are located between El
Camino Real and Camino Viejo near the City’s
southern boundary. On this block are located
the Atascadero United Methodist Church and
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ITEM NUMBER: C-1
DATE: 04/14/20
Table 7: Rezone Requests Received by the City
Rezone
Request
(name of
requestor) Address APN
Size
(acres)
Current
GP/Zone Requested Rezone Notes
Atascadero Children’s Center (mid block) and
the Dove Creek Church. There are three large
vacant parcels and four large parcels with 1
SFR unit each. The area is located just south of
the Bordeaux Apartments complex and across
the street from RMF-10 neighborhoods (Dove
Creek). Rezoning of this block to HDR may be a
potential strategy to increasing residential
opportunities in the City but would be best
pursued for the whole block or parts of the
block as opposed to a single property rezone.
If this site was rezoned to RMF-24 it would
have a realistic capacity of 80 units that can be
used to address the low and moderate income
RHNA
7. Cleveland 10080
Atascadero Ave
056-271-011 4.7 acres RE/RS SFR-Y/RSF-Y Request for higher density from 2.5 to 10 acre
minimum to 1 acre minimum
8. Knoph 5655 Capistrano 029-105-014 0.56 acres MDR/RMF-
10
HDR/RMF-24 Site has some significant slope and drainage
challenges. Request to change from Medium
Density Residential to High density residential.
9. Knoph 3105 El Camino
Real
049-152-039 1.6 acres SE/RS Commercial or
HDR/RMF-24
Request to change from low density
residential to commercial or high density
residential.
10. Lochhead 3755 El Camino
Real
049-163-045 2 acres GC/CR HDR/RMF-24 Request to change from commercial to high
density residential (lot is currently vacant)
within a block of Commercial properties.
Adjacent to identified mixed-use site #2.
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ITEM NUMBER: C-1
DATE: 04/14/20
Other Policy Areas in the Housing Element
In addition to site selection, the Housing Element will need to focus on several State
mandated policy areas. For example, a chapter of the Housing Element will need to focus
on housing constraints, whether governmental or non-governmental. These include
addressing policies that are catered towards streamlined housing production and the
removal of local barriers to the permitting and review process. Consistent with SB2 grant
funding and/or policy direction from the State, the following policies are being considered:
Mixed-Use development standards and potential density increases for
residential above commercial space in commercial zones. The Housing
Accountability Act (SB 167, AB 678, AB 1515 [2017] – GC Section 65589.5)
dictates that development projects within commercial zoning districts that include
at least two-thirds of the project as residential floor space, cannot be denied if all
applicable zoning standards are met (residential on second floor or above, height,
parking, landscape coverage, etc.). However, the City can adopt objective
development standards to ensure that the design goals and City goals are met for
these mixed-use projects. These standards can also require preservation of floor
space for viable commercial land uses.
Objective design standards that incorporate specific design requirements
for “by right” development instead of a conditional use permit process. The
State has passed legislation that makes it increasingly difficult for Cities to exercise
discretionary approval of housing projects (Housing Accountability Act). While
some projects may still be subject to design review, others are exempt and only
“objective design standards” can be applied. Developing such standards will
ensure quality development and compliance with State objectives. The City may
adopt a set of objective design standards that create minimum design objectives
including architectural design features, adequate private open space, adequate
parking, and related features.
Small lot subdivision standards that incorporate specific site and building
development standards (such as parking, height, yard space, architecture)
in exchange for flexible minimum lot sizes. This would alleviate multi-family
planned developments from going through a rezoning process if the development
met City required standards. At this time, the minimum lot size for multi- family
development is one half acre. Eliminating that minimum lot size , and instead
establishing a set of quality standards for each small lot subdivision , will save
substantial staff time and applicant costs. This could allow for increased creativity
with site design while increasing ownership opportunities for all income segments
of the community (affordable by design).
Inclusionary housing ordinance updates / affordable housing impact fees
that help the City meet very low and low RHNA numbers. In order to continue
to meet state mandates to supply housing in all categories, an inclusionary
ordinance that mandates fees or affordable housing dedications is a viable option
and will be carried forward as a program in the updated Housing Element. While
the current policy has resulted in the construction of a number of affordable
housing units since 2003, updates to the State density bonus law and changes in
economic feasibility need to be addressed in an updated ordinance.
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Permit Streamlining: The state encourages permit streamlining for projects that
include certain levels of affordable housing. This includes maximum review
timeframes for permits and limitations on triggers for discretionary review
processes. The Housing Element update will include an analysis of current code
requirements and identify programs to modify code sections for complia nce. The
Council may suggest items for consideration in this category. The state views
ADUs, Junior ADUs, as well as mixed-use and multi-family developments that
propose affordable housing units to fit within the category of streamlined eligible
projects.
Pre- Approved Stock plans for Accessory Dwelling Units: The State’s main
objective is to increase housing opportunities by making the process to construct
housing as easy as possible with a focus on ensuring adequate construction of
affordable housing units. With this in mind, the City can support this goal by
developing pre-approved stock plans that further implements streamlined review
for small accessory dwelling units. Small accessory dwelling units are considered
affordable by design. Promoting these units will contribute to housing in the low-
income category. Under this scenario, the City could maintain several models of
pre-approved construction plans for ADUs that could be used on private properties
in the City. The pre-approved “stock plan” will save plan review costs for applicants
and the City.
The City Council may comment on these draft ideas or suggest policy ideas that can
assist with housing constraints.
Next Steps
At this time, there is no indication that the State will be adjusting the due dates for the
Housing Element process. However, they are publishing alternative public outreach
standards given the COVID-19 crisis. The current schedule for the project suggests that
a draft of the complete Housing Element be reviewed by the City Cou ncil in late May or
early June. Following the Council’s review, a draft will need to be sent to HCD for their
review. It is typical for their review to recommend edits to the document. At that time,
additional City review will be required and if substantia l changes are suggested by the
state an additional City Council hearing will be required. Final adoption and certification
by HCD needs to take place by December 31.
Conclusion
The Housing Element update is a State mandated process that aims to provide a
regulatory and land-use framework aimed at addressing housing needs and providing
opportunities for the construction of housing that meets the needs of current and future
residents. One required goal of the Housing Element is to identify adequate sites fo r
potential development that will meet the City’s Regional Housing Needs Allocation.
Staff is looking for direction from the Council on identified sites and is recommending that
suggestions to rezone land (other than slight increases in density in existing zones)
be postponed to the future Citywide General Plan update process which is slated to begin
in 2021.
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DATE: 04/14/20
FISCAL IMPACT:
None. The Housing Element is a state mandated activity. While review of potential
Housing Element policies does not have a direct fiscal impact, changes in land-use
policies will generally produce an overall positive or negative fiscal impact for the City
depending on the policy. Creation of housing units generally has a negative fiscal impact
upon City resources.
ATTACHMENT:
Identified Sites Map
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ITEM NUMBER: C-1
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ATTACHMENT: 1
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ITEM NUMBER: C-1
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ATTACHMENT: 1
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