HomeMy WebLinkAboutCC_2023_11_14_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA
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Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate
in any agenda item involving contracts (other than competitively bid, labor, or personal employment
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City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org/agendas
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
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documents will be available for public inspection by appointment during City Hall business hours.
Page 1 of 48
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, November 14, 2023
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Funk
ROLL CALL: Mayor Moreno
Mayor Pro Tem Funk
Council Member Bourbeau
Council Member Dariz
Council Member Newsom
ADDITIONS, DELETIONS, AND APPROVAL OF AGENDA:
Roll Call
Recommendation: Council:
1. Add or remove items, and then approve this agenda.
2. Waive the reading in full of all ordinances appearing on this agenda; 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.
A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine
and non-controversial by City staff and will be approved by one motion if no member of
the Council or public wishes to comment or ask questions. If comment or discussion is
desired by anyone, the item will be removed from the Consent Calendar and will be
considered in the listed sequence with an opportunity for any member of the public to
address the Council concerning the item before action is taken.)
City Council Regular Session: 6:00 P.M.
City Council Closed Session: Immediately
following conclusion
of the City Council
Regular Session
Page 2 of 48
1. City Council Draft Minutes – October 24, 2023
▪ Recommendation: Council approve the October 24, 2023, Draft City Council
Regular Meeting Minutes. [City Clerk]
2. Lift Station No. 13 and Force Main Replacement Project Construction Award
▪ Fiscal Impact: $TBD
▪ CEQA Determination: The recommended action would not result in a potential
direct or reasonably indirect physical change in the environment and,
accordingly, does not qualify as a “project” under the California Environmental
Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) or CEQA
Guidelines (14 Cal. Code Regs. §§ 15000, et seq.; see CEQA Guidelines §§
15061(b)(3) and 15378). Even if the award of contract were to qualify as a
project, it would be categorically exempt as a Class 1 or Class 5 project since,
at best, it would constitute a minor alteration of existing public structures
involving no expansion of use; or a minor alteration in land use limitations (see,
CEQA Guidelines §§ 15301, 15305).
▪ Recommendation: Council:
1. Award, and authorize the City Manager to execute, a construction contract
for $5,859,340 to Hartzell General Engineering Contractor, Inc. for the Lift
Station No. 13 and Force Main Replacement Project (Project No.
C2020W02).
2. Award, and authorize the City Manager to execute, a professional services
contract for $585,668 with Filippin Engineering, Inc. for construction
management and materials testing services for the Lift Station No. 13 and
Force Main Replacement Project.
3. Approve the procurement of three (3) new submersible sewage pumps for
the Lift Station No. 13 and Force Main Replacement Project for $175,000
with Gierlich Mitchell.
4. Authorize the Director of Administrative Services to allocate an additional
$500,000 in in Road Repair and Accountability Act Funds to the Traffic Way
Pavement Rehabilitation (North) project work being constructed with the
Lift Station No. 13 and Force Main Replacement Project.
5. Take such additional, related, action that may be desirable.
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation. Comments made during Community Forum will not be a
subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Comments will be allowed for the entire 30-minute period
so if the final speaker has finished before the 30 minute period has ended and a member of
the public wishes to make a comment after the Council has commenced another item, the
member should alert the Clerk within the 30 minute period of their desire to make a comment
and the Council will take up that comment upon completion of the item which was
commenced. 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.)
Page 3 of 48
B. PUBLIC HEARINGS:
1. Ordinance Amending the Definitions of “Hotels” and “Motels” in Title 9 of
the Atascadero Municipal Code
▪ Fiscal Impact: None.
▪ CEQA Determination: The proposed Ordinance is exempt from further
environmental review under the California Environmental Quality Act (Public
Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14
California Code of Regulations §§ 15000, et seq.) because it can be seen with
certainty that there is no possibility that the enactment of this Ordinance would
have a significant effect on the environment (CEQA § 21065; CEQA
Guidelines §§ 15378(b)(5), 15061(b)(3).
▪ Recommendation: Council:
1. Introduce and waive first reading of Draft Ordinance entitled: “An
Ordinance Amending the Definitions of ‘Hotels’ and ‘Motels’ in Title 9 of the
Atascadero Municipal Code, Entitled Planning & Zoning”.
2. Take such additional, related, action that may be desirable.
C. MANAGEMENT REPORTS: None.
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. Regional Economic Action Coalition (REACH)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
Council Member Bourbeau
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member Dariz
1. Air Pollution Control District
2. California Joint Powers Insurance Authority (CJPIA) Board
3. Community Action Partnership of San Luis Obispo (CAPSLO)
4. Design Review Committee
5. Visit SLO CAL Advisory Committee
Council Member Newsom
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. League of California Cities – Council Liaison
Page 4 of 48
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. RECESS TO CLOSED SESSION FOLLOWING CONCLUSION OF CITY COUNCIL
REGULAR SESSION
CITY COUNCIL CLOSED SESSION:
1. CLOSED SESSION — PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION — CALL TO ORDER
a. Conference with Legal Counsel – Existing Litigation
Conference with legal counsel pursuant to Government Code Sec.
54956.9(d)(1): 1 case – Estate of Douglas A. Breeze, et al. v. Board of
Administration of the California Public Employees’ Retirement System
(CalPERS), et al. (filed September 29, 2022) Sacramento Superior Court
Case No. 34-2022-80003799.
4. CLOSED SESSION — ADJOURNMENT
Announcement(s) of any reportable action(s) taken in Closed Session that occur(s) after the recess of Regular Session
will be made at the beginning of the next Regular City Council meeting as Closed Session is not recorded or videotaped.
Page 5 of 48
ITEM NUMBER: A-1
DATE: 11/14/23
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, October 24, 2023
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Bourbeau, Dariz, Newsom, Mayor Pro Tem Funk, and
Mayor Moreno
Absent: None
Others Present: None
Staff Present: City Manager Jim Lewis, Administrative Services Director Jeri Rangel,
Community Development Director Phil Dunsmore, Fire Chief Casey
Bryson, Interim Police Chief Joe Allen, Public Works Director Nick
DeBar, Interim City Attorney Karl Berger, Deputy City Manager/City Clerk
Lara Christensen, Deputy City Manager – IT Luke Knight.
APPROVAL OF AGENDA:
MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem 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.
PRESENTATIONS:
1. US 101 North San Luis Obispo County Comprehensive Multimodal Corridor Plan
Kendall Flint, of DKS Associates, gave a brief presentation on the US 101 North San Luis
Obispo County Comprehensive Multimodal Corridor Plan.
City Council Regular Session: 6:00 P.M.
Page 6 of 48
ITEM NUMBER: A-1
DATE: 11/14/23
A. CONSENT CALENDAR:
1. City Council Draft Minutes – October 10, 2023
▪ Recommendation: Council approve the October 10, 2023, Draft City Council
Regular Meeting Minutes. [City Clerk]
2. September 2023 Accounts Payable and Payroll
▪ Fiscal Impact: $4,341,192.99.
▪ Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for September 2023. [Administrative Services]
3. 2023 & 2024 Measure F-14 Pavement Rehabilitation Projects
▪ Fiscal Impact: Approving staff’s recommendations in this report will result in
estimated expenditures of $385,780 from Sales Tax Measure F-14 Funds for
the design phase of the 2024 F-14 Project, and $150,000 in Sales Tax
Measure F-14 Funds to the 2023 F-14 Project for road work on Via Avenue
and Ensenada Avenue.
▪ CEQA Determination: The recommended action would not result in a potential
direct or reasonably indirect physical change in the environment and,
accordingly, does not qualify as a “project” under the California Environmental
Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) or CEQA
Guidelines (14 Cal. Code Regs. §§ 15000, et seq.; see 14 Cal. Code Regs. §§
15061(b)(3) and 15378). Even if the award of contract were to qualify as a
project, it would be categorically exempt as a Class 1 or Class 5 project since,
at best, it would constitute a minor alteration of existing public structures
involving no expansion of use; or a minor alteration in land use limitations (see
CEQA Guidelines §§ 15301, 15305).
▪ Recommendation: Council:
1. Award a professional services agreement with Rick Engineering Company
for $385,780 to provide design engineering and prepare bidding
documents for the 2024 Measure F-14 Pavement Rehabilitation Project
(Project No. C2023R01).
2. Adopt Draft Resolution approving a Change Order to the 2023 Measure F-
14 Pavement Rehabilitation Project with Souza Construction to include
pavement rehabilitation construction for Via Avenue (from Traffic Way to
Ensenada Avenue/Via Avenue Bridge) and Ensenada Avenue (from Via
Avenue Bridge to Capistrano Avenue).
3. Authorize the Administrative Services Director to reallocate $150,000 in
fiscal year 2023-2024 Sales Tax Measure F-14 Funds from the 2024
Measure F-14 Pavement Rehabilitation Project to the 2023 Measure F-14
Pavement Rehabilitation Project for road work on Via Avenue and
Ensenada Avenue.
4. Take such additional, related, action that may be desirable. [Public Works]
4. Annual Military Equipment Report Pursuant to Assembly Bill 481
▪ Fiscal Impact: None.
▪ Recommendation: Council receive and file the annual Military Equipment
Report pursuant to the requirements of Assembly Bill 481; and take such
additional, related, action that may be desirable. [Police Department]
5. Professional Services Agreement for Wastewater Collection System Master
Plan Update
▪ Fiscal Impact: $185,400.
Page 7 of 48
ITEM NUMBER: A-1
DATE: 11/14/23
▪ Recommendation: Council award a professional services agreement with
Carollo Engineers, Inc. for $185,400 to provide engineering services and
prepare the 2024 Wastewater Collection System Master Plan Update (Project
No. C2023W01); and take such additional, related, action that may be
desirable. [Public Works]
7. Police Patrol Vehicles Purchase
▪ Fiscal Impact: $421,500.
▪ Recommendation: Council:
1. Ratify the purchase of six Dodge Durango replacement patrol vehicles from
John Jones Auto Group in the amount of $297,720.
2. Authorize the expenditure of $123,660 for the associated upfitting of these
patrol vehicles from Northern California Emergency Vehicle Installations.
3. Take such additional, related, action that may be desirable.
[Police Department]
Item #A-6 was removed from the Consent Calendar by Mayor Moreno for separate
discussion and vote.
MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem
Funk to approve Consent Calendar Items #A-1 through #A-5 and #A-
7. (#A-3: Contract No. 2023-035 and Resolution No. 2023-072) (#A-5:
Contract No. 2023-036) (#A-7: Contract No. 2023-037)
Motion passed 5:0 by a roll-call vote.
6. Authorization to Repair Various Roads Damaged in the 2023 Winter Storms
▪ Fiscal Impact: $250,000.
▪ CEQA Determination: The recommended action would not result in a potential
direct or reasonably indirect physical change in the environment and,
accordingly, does not qualify as a “project” under the California Environmental
Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) or CEQA
Guidelines (14 Cal. Code Regs. §§ 15000, et seq.; see 14 Cal. Code Regs. §§
15061(b)(3) and 15378). Even if the award of contract were to qualify as a
project, it would be categorically exempt as a Class 1 or Class 5 project since,
at best, it would constitute a minor alteration of existing public structures
involving no expansion of use; or a minor alteration in land use limitations (see
CEQA Guidelines §§ 15301, 15305).
▪ Recommendation: Council authorize the Administrative Services Director to
allocate $250,000 in Local Transportation Funds to repair various roads that
were damaged during the 2023 winter storms; and take such additional,
related, action that may be desirable. [Public Works]
Mayor Moreno requested clarification on the project and to highlight that roadway work will
include a portion of Del Rio Road. City Manager Lewis briefed the Council on the project
and answered questions from the Council.
PUBLIC COMMENT:
The following persons spoke on this item: None
Mayor Moreno closed the Public Comment period.
Page 8 of 48
ITEM NUMBER: A-1
DATE: 11/14/23
MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem
Funk to authorize the Administrative Services Director to allocate
$250,000 in Capital Project Funds to repair various roads that were
damaged during the 2023 winter storms; and take such additional,
related, action that may be desirable.
Motion passed 5:0 by a roll-call vote.
UPDATES FROM THE CITY MANAGER:
City Manager Lewis gave an update on projects and events within the City.
COMMUNITY FORUM:
The following persons spoke in-person by telephone or through the webinar: Geoff Auslen,
Suzy and Doug Reynolds, and Devon Haggie
Mayor Moreno closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS: None.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members gave brief update reports on their committees since their
last Council meeting:
Mayor Moreno
1. County Mayors Round Table
2. SLO Council of Governments (SLOCOG)
Mayor Pro Tem Funk
1. Homeless Services Oversight Council
Council Member Bourbeau
1. Integrated Waste Management Authority (IWMA)
Council Member Newsom
1. City / Schools Committee
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
a. Mayor Moreno will request Council to direct staff to draft, and authorize the
Mayor and City Manager to sign, a letter supporting the El Camino
Homeless Organization’s (ECHO) funding request, from the County of San
Luis Obispo, for the expansion of operations at their Paso Robles facility.
Mayor Moreno briefed the City Council on ECHO’s funding request, from the County of San
Luis Obispo, for the expansion of operations at their Paso Robles facility. She noted a
second request from ECHO for a letter of support for ECHO’s annual request through the
County of San Luis Obispo’s 2024 Action Plan Notice of Funding Availability (NOFA). Mayor
Page 9 of 48
ITEM NUMBER: A-1
DATE: 11/14/23
Moreno also reported a request from Alan Hancock College to submit a letter in support of
their application for a four-year bachelor’s degree program.
There was Council consensus to direct staff to draft, and authorize the Mayor and City
Manager to sign, letters in support of ECHO’s funding requests and letters to support Alan
Hancock and Cuesta Colleges four-year baccalaureate degree program applications.
F. ADJOURN
Mayor Moreno adjourned the meeting at 6:51 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
APPROVED:
Page 10 of 48
ITEM NUMBER: A-2
DATE: 11/14/23
Atascadero City Council
Staff Report – Public Works Department
Lift Station No. 13 and Force Main Replacement Project
Construction Award
RECOMMENDATIONS:
Council:
1. Award, and authorize the City Manager to execute, a construction contract for
$5,859,340 to Hartzell General Engineering Contractor, Inc. for the Lift Station No.
13 and Force Main Replacement Project (Project No. C2020W02).
2. Award, and authorize the City Manager to execute, a professional services contract
for $585,668 with Filippin Engineering, Inc. for construction management and
materials testing services for the Lift Station No. 13 and Force Main Replacement
Project.
3. Approve the procurement of three (3) new submersible sewage pumps for the Lift
Station No. 13 and Force Main Replacement Project for $175,000 with Gierlich
Mitchell.
4. Authorize the Director of Administrative Services to allocate an additional $500,000
in Road Repair and Accountability Act Funds to the Traffic Way Pavement
Rehabilitation (North) project work being constructed with the Lift Station No. 13 and
Force Main Replacement Project.
5. Take such additional, related, action that may be desirable.
DISCUSSION:
Background
The City owns and operates a sewer collection system consisting of more than 63 miles
of gravity sewer main and trunk lines and 6.8 miles of force mains that convey an
average flow of 1.3 million gallons per day (MGD). Additionally, the City owns and
operates twelve sewer lift stations. The City’s wastewater collection system serves
approximately 5,000 parcels including the majority of high density and business
properties within City limits.
As part of the Wastewater Collection Systems Master Plan Update, completed in October
2015, multiple portions of the collection system were identified as undersized or
hydraulically deficient under existing and/or future peak hour flows. A series of capital
improvement projects was developed to upgrade the wastewater collection system to meet
these existing and future flow requirements and to reduce ongoing operation and
Page 11 of 48
ITEM NUMBER: A-2
DATE: 11/14/23
maintenance expenses. Improvements to Lift Station No. 13 and the associated 2.4 miles
of downstream force main were identified as a priority collection system upgrade project.
During the development of the City’s Local Area Management Plan (LAMP) further analysis
of future development flows was completed within the Lift Station No. 13 sewershed. Lift
Station No. 13 receives sewage from all sewered parcels north of San Jacinto Avenue
along the El Camino Real corridor and pumps into the longest stretch of force main in
the City. While this lift station is not one of the largest lift stations by volume, expected
development within this corridor, particularly commercial development such as the
properties in the Del Rio Specific Plan, is a driver for upsizing the lift station to meet
future flows.
Design Analysis
The principal project components are as follows:
Lift Station No. 13 Replacement
Construct new lift station in permanent easement at 5900 Santa Cruz Road (fronting El
Camino Real) and dismantle/abandon existing lift station at 957 El Camino Real. Lift
Station No. 13 will consist of a new 10-foot diameter concrete wet well (26 feet total
depth) with three 60-HP pumps, new gravity main piping to connect to existing sewer on
El Camino Real, a dual fuel (propone and natural gas) emergency generator, and a
motor control system. All lift station equipment will be fully enclosed within a walled and
gated 45x55 foot envelope with access from El Camino Real. Additional project
improvements include new concrete driveway approach along El Camino Real, cobble
drainage basins, pavement repairs, and abandonment of existing Lift Station No. 13.
Force Main Replacement
Construct approximately 10,400 feet (2 miles) of 12-inch force main pipe below Santa
Cruz Road and Traffic Way; and abandon the existing 12,500 feet of 6-inch sewer force
main below El Camino Real and Del Rio Road. Existing force main to be abandoned in-
place can be used as conduit for future broadband service.
Traffic Way Pavement Rehabilitation - North
Reconstruct approximately 1.1 miles of Traffic Way between Carrizo Road and Chico
Road. This work listed in the current budget and Capital Improvement Plan under the
Traffic Way Pavement Rehabilitation – North Project and was planned to be constructed
with the Lift Station No. 13 force main work since a significant portion Traffic Way will be
disrupted by force main construction. This segment of Traffic Way will be removed and
replaced with a 7-inch-deep lift asphalt pavement section and regraded to allow for
improved surface drainage and rideability. While part of this pavement work is directly
attributable to the force main project restoration due to impacts from the bore pits and
other pavement disruption, a majority of pavement work is attributable solely to roadway
grading and pavement rehabilitation.
Broadband Conduit (Additive Alternative)
An additive alternative bid schedule was included on the bid form to construct
approximately 9,000 feet of 3-inch PVC conduit and pull boxes on Santa Cruz Road and
Traffic Way between El Camino Real and Chico Road for use with future broadband
fiber installation. This item of work is not considered wastewater related, but was
Page 12 of 48
ITEM NUMBER: A-2
DATE: 11/14/23
included as a bid alternative since installing the future fiber conduit in a common trench
already excavated for sewer force main construction can be very cost effective.
However, the low bid contractor has elected to construct the sewer force main by
boring, so the project will require almost no open trenching. The bid alternative price to
install fiber conduit reflects that the work is an entirely separate operation, and staff
believes that if fiber conduit is needed in this area in the future it could be completed
more cost-effectively as a separate project.
Project Bid Analysis
The project was publicly bid starting September 25, 2023 for a minimum of 30 days in
accordance with State Contracting Laws and Atascadero Purchasing Policy. A public
bid opening occurred on October 26, 2023 and three bid proposals were received for
$5,859,340, $6,370,565, and $7,240,429 (for base bid work) with the low bid submitted
by Hartzell General Engineering Contractor, Inc. (Hartzell) of Cayucos. The bids were
reviewed for accuracy and compliance with project bidding requirements, and the City
Engineer has determined that Hartzell is the lowest responsive bidder at $5,859,340.
The engineer’s estimate of probable construction costs was $6,442,723.
Hartzell’s price for the additive alternative bid to construct dry broadband conduit was
$522,406, while the other additive alternative bid prices were $315,245 and $594,462.
If Council desires to add this work to the contract, a funding source would need to be
identified.
Construction Management Analysis
Staff issued a Request for Proposals (RFP) in September 2023 to solicit professional
services from qualified consultants to provide construction engineering and materials
testing services for the Lift Station No. 13 and Force Main Replacement Project. The
scope of services includes full construction management, construction inspection and
construction administration services, as well as geotechnical and materials sampling
and acceptance testing.
Staff received five proposals from qualified consultants including Wallace Group,
Filippin Engineering, Cannon Corp., MNS Engineers and Water Systems Consulting.
Proposals were individually reviewed and scored by City engineering staff based upon
experience with similar projects, responsiveness to City needs, experience of key
personnel, and other factors. Of particular importance on this project was the
consultant’s experience and ability to manage multiple different elements, including the
lift station, directional force main boring, and roadway reconstruction. All proposals
were very good to excellent, but staff determined that Filippin Engineering (Filippin)
submitted the most qualified proposal. Filippin’s key staff (resident engineer and
inspector) live in Atascadero, can respond quickly, and have experience working on
similar projects for other public agencies. Additionally, Filippin has proven to be
excellent to work with on both the Via Avenue and Santa Lucia Road bridge projects,
managing both of these complex projects while keeping them on a tight schedule and
budget.
Filippin provided a detailed fee estimate worksheet with their proposal that included
labor hours/costs, reimbursable expenses, and subconsultant fees for the work scope
identified in the City’s RFP. Filippin’s fee estimate is $585,668. Staff reviewed Filippin’s
fee estimate worksheet and believe the fee is reasonable for full-time construction
Page 13 of 48
ITEM NUMBER: A-2
DATE: 11/14/23
management, inspection, and materials testing. Typically, full construction engineering
services are in the range of 10-15% of construction costs, and Filippin’s fee estimate at
the low end of that range. Compensation will be based upon actual hours worked and
reimbursable expenses, plus subconsultant fees.
Lift Station Pump Purchase Analysis
Pursuant to the City Purchasing Policy, Section III, Proprietary Equipment and Goods,
purchases larger than $100,000 shall be awarded by City Council and involve a formal
product evaluation. Staff is requesting an exception to formal bid/evaluation of this
product under Section 3.1 of the purchasing policy, which allows for bypassing of the
formal bid process “When there are extenuating circumstances that would make the
formal bidding not the most cost-effective approach. This often relates to qualitative,
artistic or proprietary software/technological issues.”
Staff has evaluated and determined that utilizing standardized submersible sewage
pumps at the City’s lift stations is most efficient and cost effective for the following
reasons:
1. Ebara is a leader in submersible pump technology.
2. Having a standard for a single pump manufacturer provides efficiency,
interchangeability, and increased safety. Staff becomes knowledgeable and familiar
with one product line which assists in troubleshooting issues.
3. Quality of product and single point of contact if issues arise, and Ebara Pumps have
proven to be reliable and quality products.
The City received a quote from the local Ebara pump supplier, Gierlich Mitchell, for
$173,598 to supply three (3) 60-HP submersible pumps and associated hardware. The
quote also includes start-up and training assistance by the manufacturer. With the
inclusion of taxes and shipping fees, the purchase order with Gierlich Mitchell will be for
an amount not to exceed $175,000.
Summary
Staff recommends awarding the construction contract (base bid) for the project to
Hartzell General Engineering Contractor, Inc., approving a professional services
contract for construction management to Filippin Engineering, and approving the
purchase of submersible pumps from Gierlich Mitchell. With Council approval,
construction is expected to begin before mid-December and the contractor has 180
working days (approximately 9 months) to complete the project. Typical inconveniences
to adjacent properties and the traveling public are expected, but City staff, Hartzell, and
Filippin will ensure advance notices are provided. It should be noted that the bid
allowed for the contractors to select construction of the force main either by an open
trench or trenchless (horizontal directional drilling) method. The low bidder selected the
trenchless method which will reduce some of the impacts to the traveling public.
CEQA DETERMINATION:
The proposed project is Categorically Exempt (Class 2) from the provisions of the
California Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000,
Page 14 of 48
ITEM NUMBER: A-2
DATE: 11/14/23
et seq.) pursuant to CEQA Guidelines Section 15301, because it is limited to
replacement or reconstruction of existing utility systems and/or facilities involving
negligible or no expansion of capacity.
FISCAL IMPACT:
Approving staff recommendations will result in estimated expenditures up to $6,621,500
from Wastewater Funds and $1,300,000 in Local Transportation Funds (SB-1 Gas Tax
Fund). There is $7,434,783 in Wastewater Funds and $950,000 in Gas Tax Funds
included for this project. The following tables summarize the estimated project
expenditures and funding sources:
ESTIMATED EXPENDITURES
Design and Bid Phase $ 305,000
Property Acquisition (Permanent Easement) 25,000
Construction Contract (Hartzell) 5,859,340
Construction Contingency @ 20% 1,171,492
Construction Management / Inspection / Testing (Filippin) 585,668
City Staff Construction Administration 40,000
Design Engineer Construction Support (MKN) 50,000
Lift Station No. 13 Submersible Pumps (Gierlich Mitchell) 175,000
Lift Station No. 13 Motor Control Center (Tesco Controls, Inc.) 310,500
Survey Monument Perpetuation 40,000
Total Estimated Expenditures: $ 8,562,000
PROPOSED FUNDING SOURCES
Wastewater Funds: FY2023-25 Budget $7,434,790
Road Repair and Accountability Act Funds: FY2023-25 Budget 800,000
Road Repair and Accountability Act Funds: Additional Funding 500,000
Total Budgeted Funding Sources: $8,734,790
Wastewater Funds Surplus/(Deficit): $172,790
ALTERNATIVES:
1. Council may direct staff to rebid the project, however, staff believes the low bid
received is very reasonable given current construction costs and the bidding
environment. In addition, Hartzell’s bid was very competitive, approximately
$500,000 less than the second lowest bid, and can be completed with budgeted
funds.
2. Council may direct staff to award Bid Alternate No. 1 to install 3” PVC conduit and
Pull Boxes along the new force main alignment in Santa Cruz Road and Traffic Way
for future broadband service. Staff does not recommend awarding this add
alternative, as doing this work under separate contract would be expected to be
considerably less costly than the submitted bid amount of $522,406.
Page 15 of 48
ITEM NUMBER: A-2
DATE: 11/14/23
3. Council may direct staff to obtain additional product quotes from alternate vendors
for the submersible sewage pumps. This alternative is not recommended as this is
likely to result in higher costs, ongoing additional costs for wastewater operator
training, and potential delay of Lift Station No. 13 project construction.
ATTACHMENT:
1. Bid Summary
Page 16 of 48
ITEM NUMBER: A-2 DATE: 11/14/23ATTACHMENT: 1 Page 17 of 48
ITEM NUMBER: B-1
DATE: 11/14/23
Atascadero City Council
Staff Report – Community Development Department
Ordinance Amending the Definitions of “Hotels” and “Motels” in
Title 9 of the Atascadero Municipal Code
RECOMMENDATIONS:
Planning Commission Recommends Council:
1. Introduce and waive first reading of Draft Ordinance entitled: “An Ordinance
Amending the Definitions of ‘Hotels’ and ‘Motels’ in Title 9 of the Atascadero Municipal
Code, Entitled Planning & Zoning”.
2. Take such additional, related, action that may be desirable.
DISCUSSION:
Background
The City’s current definition for hotels and motels includes a statement that units with
kitchens shall be limited to 25% of the total number of lodging units. This provision was
originally put in place to discourage the conversion of hotels in commercial districts to long-
term residential uses. However, the City has seen recent growth in branded hotels that
supply rooms with kitchenettes and a growing trend toward Airbnb rentals. While
individually rented Airbnb rooms or units can meet the needs of visitors to our area, many
people still feel more comfortable with a branded or known hotelier with locations that are
closer to the freeway, local shopping, and entertainment. Branded hotels chains are now
designing hotels to compete with the Airbnb model by providing units geared towards an
extended stay, with built-in kitchens and roomier lodging quarters.
The City has currently received an application from the owner of 3600 El Camino Real, the
site of the former Colony Inn, for a new hotel building at the rear of the site adjacent to
Highway 101, and a request to allow kitchens in all rooms. This site is being rebranded under
the Marriott name with the existing hotel near El Camino Real branded as a Fairfield Inn and
a new 120-room hotel building adjacent to the freeway branded as a Residence Inn. The new
building was reviewed and endorsed by DRC and is ready to proceed to construction permits.
The applicants are requesting this Atascadero Municipal Code (AMC) text amendment to
allow kitchens in each room before they finalize their construction plans. The City has
received interest from at least two other projects that include branded hotels in support of a
greater quantity of built-in kitchens and longer stay amenities.
Page 18 of 48
ITEM NUMBER: B-1
DATE: 11/14/23
Applicant Proposed Atascadero Municipal Code Text Amendments
The proposed AMC text amendment would modify the definition of hotels and motels to
expand allowances for full kitchens in rooms intended for short-term stays. The City
currently allows wet bars, microwaves, and refrigerators in hotel rooms, but does not allow
permanently installed cooking appliances.
The current Atascadero Municipal Code defines hotels and motels as follows:
Hotels, Motels. Commercial transient lodging establishments, including hotels,
motor hotels, motels, tourist courts, or cabins, primarily engaged in providing
overnight or otherwise temporary lodging for less than thirty (30) days, with or
without meals, for the general public. Such establishments shall not provide
kitchen facilities in more than twenty-five percent (25%) of the units.
The applicant’s proposal is to delete the last sentence that limits the number of rooms
with kitchens. The Planning Commission considered the proposed text amendments at their
October 3, 2023, meeting. The Commission recommended that the City Council adopt
standards, as discussed below, in addition to modifying the definition to ensure that units
remain commercial in nature.
ANALYSIS:
The expansion of the tourism market and changes to the industry suggests that City policy
should be updated to keep up with trends. Traditional hotels are facing significant
competition from the residential short-term rental market. The City is now also collecting
Transient Occupancy Tax from the expanded short-term rental market that has evolved
in the residential zones.
While the City has seen some past examples of non-permitted conversion of motel units
to longer-term residential uses, there is a growing trend toward longer stays (up to 30-
days) and the desire to have a more independent, multi-room hotel unit while visiting the
Central Coast. There has been an increase in traveling nurses and remote workers
looking to experience the central coast for longer than an extended weekend. Allowing
for kitchens in units would expand lodging options to these types of individuals and
provide an alternative to private Airbnbs.
Staff contacted some local cities and inquired about their policies related to this topic.
Both Paso Robles and San Luis Obispo do not limit kitchens in hotel rooms. Morro Bay
allows full kitchens through a use permit process.
Even with the growing trend toward extended stays and tourist demand for hotels offering
greater in-room amenities, there is a minor potential that a hotel that provides kitchens
could be used for long term occupancy, exceeding 30 days, which would impact the City’s
ability to collect TOT, and violate commercial zoning policies. However, to mitigate this
concern, the attached draft ordinance includes provisions that all hotels that contain units
with full kitchens:
Page 19 of 48
ITEM NUMBER: B-1
DATE: 11/14/23
• Be at least 20-units/rooms; and
• Record a deed notification to ensure that any owners of the property understand
that the property shall be maintained as a short-term occupancy hotel or motel,
subject to transient occupancy tax and that stays over 30 days would be prohibited
The ordinance includes a provision that hotels or motels with kitchens in more than 50%
of the rooms be subject to a Conditional Use Permit, subject to the following findings:
• The project is designed consistent with the standards of the Atascadero Municipal
Code and provides amenities consistent with a tourist-serving use; and
• The project is located in an area that supports tourist-serving activities.
These standards would be added as Municipal Code Section 9-6.185 within the Special
Uses section of the Municipal Code to read as follows. The City Attorney reviewed this
added code section and has recommended minor changes as shown below in red. All
recommended changes are included in the attached ordinance.
9-6.185 Hotels and Motels.
Where a hotel or motel is located in a commercial zoning district, the following
standards shall apply:
(a) Hotels and Motels without full kitchens in individual rooms shall be allowed as
specified for each zoning district.
(1) Wet bars in individual rooms, as defined in this Title, shall be permitted
(b) Hotels and motels may have full kitchens in individual rooms in up to 50% of the
rooms/units subject to the following:
(1) The hotel development must contain a minimum of 20 rooms/units that
are available for guests.
(2) A deed notification shall be recorded against the property detailing the
commercial nature of the property. The notification shall be in a form
approved by the Community Development Director.
(c) Exceptions. Exceptions to the above standards may be modified with approval of
a Conditional Use Permit, subject to the following findings:
(1) The project is designed consistent with the standards of the Atascadero
Municipal Code and provides amenities consistent with a tourist serving
use; and
(2) The project is located in an area that supports tourist serving activities.
Conclusion
With a changing trend toward more independent lodging amenities and longer stays, the
applicants are proposing amendments to the definition of hotels and motels to expand full
kitchen options. This amendment would apply Citywide for all new hotel uses. While these
types of lodging units are typically seen under Airbnb or VRBO, many large hotel chains
are expanding their branding to accommodate patron desires for kitchens and extra
space. Enacting a Citywide definition change would allow hotels to provide these
amenities. Staff is recommending the adoption of standards specific to hotels and motels
offering these amenities to ensure that the commercial tourist nature of the use is
maintained.
Page 20 of 48
ITEM NUMBER: B-1
DATE: 11/14/23
CEQA DETERMINATION:
The proposed Ordinance is exempt from further environmental review under the
California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”)
and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it
can be seen with certainty that there is no possibility that the enactment of this Ordinance
would have a significant effect on the environment (CEQA § 21065; CEQA Guidelines §§
15378(b)(5), 15061(b)(3).
FISCAL IMPACT:
While there is no direct fiscal impact from the adoption of the proposed AMC text
amendments, the modifications will expand options for hotels within the City, allowing for
greater variety in hotel room offerings and ability to compete with the Airbnb market.
FINDINGS:
To recommend approval of the proposed project, the City Council must make the
following findings, as recommended by Planning Commission. These findings and the
facts to support these findings are included in the attached draft ordinance.
1. The proposed project or use is consistent with the General Plan.
2. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
3. The proposed Zone Change will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts.
ALTERNATIVES:
1. The City Council may make modifications to the proposed text amendment. Any
proposed modifications should be clearly restated in any vote on any of the attached
ordinance.
2. The City Council may determine that more information is needed on some aspect of
the project and may refer the item back to the applicant and staff to develop the
additional information. The Council should clearly state the type of information that is
required. A motion, and approval of that motion, is required to continue the item to a
future date.
3. The City Council may deny the proposed amendments. The Council must specify what
findings cannot be made, and provide a brief oral statement, based on the Staff
Report, oral testimony, correspondence, or any other rational introduced and
deliberated by the Council.
ATTACHMENTS:
1. Draft Ordinance
Page 21 of 48
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/14/23
1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, AMENDING THE DEFINITIONS
OF “HOTELS” AND “MOTELS” IN TITLE 9 OF THE ATASCADERO
MUNICIPAL CODE, ENTITLED PLANNING & ZONING
HOTEL / MOTEL DEFINITION CHANGE
(ZCH23-0071)
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. Planning Commission Recommendation: The Planning Commission of the
City of Atascadero held a timely and properly noticed Public Hearing upon the subject Planning
and Zoning Text Change application on October 3, 2023 at which hearing evidence, oral and
documentary, was admitted on behalf of said Planning and Zoning Text Amendments and the
Planning Commission recommended that the City Council approve the proposed text amendments.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, at a Public
Hearing held on November 14, 2023, considered testimony and reports from staff, the applicants,
and the public and introduced for first reading, by title only, an Ordinance modifying Title 9 of the
Atascadero Municipal Code.
SECTION 3. Facts and Findings. The City Council makes the following findings and
determinations for approval of the proposed text amendments:
1. FINDING: The Planning and Zoning Text Change is consistent with General Plan
policies and all other applicable ordinances and policies of the City.
FACT: The proposed zoning code text updates are consistent with the general plan.
The modifications to the definitions of hotels and motels does not affect the
commercial transient lodging nature of the use.
2. FINDING: This Amendment of the Zoning Ordinance will provide for the orderly
and efficient use of lands where such development standards are applicable.
FACT: The proposed text makes a minor modification to the land use definition for
hotels and motels and will not affect the use of land designated for such uses.
3. FINDING: The Text Change will not, in itself, result in significant environmental
impacts.
Page 22 of 48
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/14/23
1
FACT: The proposed text amendment is minor and will not result in an
environmental impact. Hotel and motel uses remain allowed in locations designated
by the Atascadero Municipal Code.
SECTION 4. CEQA. Because of the facts set forth in Section 2, the proposed zone text
amendment is exempt from further environmental review under the California Environmental
Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14
California Code of Regulations §§ 15000, et seq.) because it can be seen with certainty that there
is no possibility that the enactment of this Ordinance would have a significant effect on the
environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(5), 15061(b)(3).
SECTION 5. Approval. The City Council of the City of Atascadero adopts the proposed
text amendments to Atascadero Municipal Code as shown in Exhibit A.
SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance
be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth
in this Ordinance.
SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code
or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring before this
Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero
Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such
previous Atascadero Municipal Code provision or other City Ordinance to remain in full force
and effect for all purposes.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
Page 23 of 48
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/14/23
1
INTRODUCED at a regular meeting of the City Council held on ____________, 2023,
and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State
of California, on ___________, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO:
____________________________________
Heather Moreno, Mayor
ATTEST:
_____________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Karl H. Berger, Interim City Attorney
Page 24 of 48
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/14/23
1A
EXHIBIT A: Proposed Municipal Code Text Amendment – Title 9
9-3.330 Nonresidential district allowable land uses.
Table 3-2 identifies the uses of land allowed by this Zoning Code in each nonresidential
district, and the planning permit required to establish each use, in compliance with Chapters 9-1
and 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a
section number, the regulations in the referenced section apply to the use. Provisions in other
sections of this article may also apply.
Table 3-2 – Nonresidential Use Table
Allowed Land Uses and Permit Requirements
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Accessory
Storage A4 CUP 4 A4 CUP
4 CUP
4 A4 A4 9-6.103
Adult Day Care
Facility A A A CUP
Adult Oriented
Business A A A A 9-16
Age Restricted
Housing CUP
Agricultural
Produce Stands A A A A 9-6.117
Amusement
Services A A A A A A
Animal Hospitals CUP
7 CUP A CUP 9-6.110
Artisan Foods and
Products A A A A5 A A
ATM A A A A A A A A A A
Auto Dealers
(New and Used)
and Supplies CUP CU
P CUP CUP CUP 9-6.163
Page 25 of 48
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/14/23
1A
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Auto Repair and
Services CUP A A CUP A A 9-6.168
Bar/Tavern CUP CUP CUP A
Bed and Breakfast CUP CU
P CUP CUP
Brewery –
Production CU
P CUP A A
Broadcast Studios A A
Building Materials
and Hardware w/
outdoor sales or
storage area
10,000 sf or
greater
CUP CUP CU
P CUP CUP CUP 9-6.165
Building Materials
and Hardware w/
outdoor sales or
storage area less
than 10,000 sf
A A A A A A 9-6.165
Business Support
Services A A A A A A A A
Caretaker’s
Residence/
Employee Unit CUP CUP CU
P
Childcare Center A A A CUP 9-6.125
Churches and
Related Activities CUP CUP 9-6.121
Collection
Stations A4 A4 A4 A4 A4 A4 A4 A4 9-6.130
Page 26 of 48
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/14/23
1A
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Contract
Construction
Services (Indoor) A A A A
Contract
Construction
Services
(Outdoor)
CU
P CUP CUP
Data and
Computer
Services Center AUP AU
P CUP A A
Day Care
Drive-Through
Sales or Services CUP CUP CUP CU
P CUP CUP 9-4.122
Eating and
Drinking Places A A A A A A A A A A
Farm Equipment
and Supplies w/
outdoor storage
or sales area
10,000 sf or
greater
CUP CU
P CUP CUP CUP
Farm Equipment
and Supplies w/
outdoor storage
or sales area less
than 10,000 sf
A A A A A
Farmers’ Market CUP CUP CUP CUP CUP A A
Financial Services
and Banks A A A A A A CUP A
Fuel Dealer A4 CUP A4 A4 9-6.129
General Retail A4 A4 A4 A4 A4 A4 A4
Page 27 of 48
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/14/23
1A
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
General Retail
Greater than
50,000 sf CUP CUP CUP CU
P CUP CUP CUP
Government
Offices and
Facilities A A A A A A CUP
9 A A A
Health Care
Services A A A CUP A CUP
9 A
Horticultural
Specialties w/
outdoor storage
or sales area
10,000 sf or
greater
CUP CUP CU
P CUP CUP CUP CUP 9-6.116
Horticultural
Specialties w/
outdoor sales or
storage area less
than 10,000 sf
A A A A A 9-6.116
Hotels, Motels CUP A A A CUP 9-6.185
Indoor Recreation
Services CUP CUP CU
P A A CUP CUP CUP
Kennels CUP A 9-6.111
Large Family Day
Care CUP
8 CUP8 9-6.125
Large Scale Ag
Manufacturing CU
P CUP A 9-6.103
Laundries and
Dry-Cleaning
Plants A A A A
Laundromat/Coin-
Operated Laundry CUP CUP CUP CU
P CUP CUP A A
Page 28 of 48
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/14/23
1A
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Libraries,
Museums A A A A A A
Live/Work Unit A1
Manufacturing
and Processing –
High Intensity4 CU
P CUP AUP AUP
Manufacturing
and Processing –
Low Intensity CUP CUP A A A A
Medical Extended
Care Services: 6
Residents or Less CUP CUP CUP CU
P CUP CUP 9-6.134
Medical Extended
Care Services: 7
Residents or More CUP 9-6.134
Medical Research CUP A A CUP A A
Membership
Organizations A A CUP CUP
Microbrewery –
Brewpub A CUP A A A A A A A A
Mini-Storage CU
P CUP A A
Mobile Eating and
Drinking Vendors6 A A A A A A A A
Mixed-Use
Development CUP
1 CUP
1 CUP1 CU
P1 A1 A1
Mortuary Services A A A A
Multifamily
Dwelling CUP
2 CUP
2 CUP2 CU
P2 A1 A1
Page 29 of 48
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/14/23
1A
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Offices A A A A A A CUP
9 A
Outdoor
Recreation
Services CUP CU
P A 9-6.123
Parking Lots AUP AUP AUP AU
P AUP AUP AUP AUP AUP AUP
Parks and
Playgrounds A A
Personal Service
Restricted A CUP CUP
Personal Services A A A A A CUP A
Printing and
Publishing CUP CUP A4 A4 A4
Public Assembly
and Entertainment CUP CU
P A CUP CUP
RCFE – Assisted
Living CUP 9-6.135
RCFE –
Independent
Living/Senior
Apartments
CUP CUP CU
P 9-6.135
RCFE – Retirement
Hotel CUP CUP CU
P 9-6.135
Recreational
Vehicle Parks A 9-6.180
Recycling and
Scrap CUP CUP 9-6.131
Recycling Centers CUP CUP 9-6.132
Page 30 of 48
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/14/23
1A
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Research and
Development CUP A A CUP A A A
Residential Care: 6
Residents or Less A2 A2 9-6.135
Retail Sales –
Restricted A CUP CUP
Sales Lots CUP CUP CUP CUP 9-6.139
Schools A A A CUP CUP 9-6.125
Schools –
Business and
Vocational A A A A CUP CUP CUP CUP 9-6.125
Service Stations CUP CUP CU
P CUP 9-6.164
Single-Family
Dwelling A1 A1
Single-Room
Occupancy Units CUP 9-6.184
Small Family Day
Care A8 A8 A8 A8 A8
Social and Service
Organizations A A A
Sports Assembly CUP CU
P A
Storage,
Recycling and
Dismantling of
Vehicles and
Material
CU
P A A 9-6.131
Tasting Room A CUP A A A A A A A A
Page 31 of 48
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
11/14/23
1A
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Telecommunicatio
n Facility CUP CUP CUP CU
P CUP CUP CUP CUP CUP CUP
Temporary Events A/
CUP
3 CUP A/
CUP3
A/
CU
P3
A/
CUP3 A/
CUP3
A/
CUP
3
A/
CUP
3 A A 9-6.177
Temporary Offices A A A 9-6.176
Temporary or
Seasonal Sales A A A A A A A A A 9-6.174
Transit Stations CUP CU
P A CUP CUP CUP CUP CUP
Utility Facilities CUP CU
P CUP CUP CUP CUP CUP CUP
Utility
Infrastructure A A CUP A A A CUP CUP A A
Vehicle and
Equipment
Storage (Indoor)4 A CUP A4 A4 9-6.183
Vehicle and
Equipment
Storage
(Outdoor)4
CU
P 4 CUP
4 CUP
4 9-6.183
Vehicle and
Freight Terminals CU
P CUP CUP
Warehousing CU
P CUP A A
Wholesaling and
Distribution
Center4 AUP AUP A4 A4 A4 A4
Winery – Boutique A4 A4 A4 A4 A4 A4 A4
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses by Zones Special
Regulation(
s) CN CP CR CS CT CPK DC DO IP I
Winery –
Production CU
P CUP A4 A4
Notes: (These notes apply only to Table 3-2).
1 Residential uses allowed only on second and third floors. If a project is required to comply with the Americans
with Disabilities Act and does not have an elevator, one accessible unit may be located on the ground floor in
conjunction with commercial space and shall not exceed the greater of:
• 500 sf; or
• 10% of the size of the ground floor commercial space not to exceed 1,000 sf.
2 Multi-family dwellings permitted when located on the second floor or above, or within an existing residential
structure of historical significance.
3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a
conditional use permit (Section 9-2.110).
4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of
10,000 square feet or more require the approval of a conditional use permit (Section 9-2.110), even if such a
development is listed as an allowable use in a particular zoning district.
5 Handcrafted and artisan food production shall be ancillary to the retail component.
6 Mobile food vending permitted on private property with owner’s permission and City review of parking and
access on-site. Mobile food trucks used as part of an event may be permitted in the right-of-way with the
issuance of an Event Permit.
7 When no overnight stays of animals are included.
8 Permitted when in association with conforming and legal nonconforming residences.
9 Allowed on ground floor south of Atascadero Creek. Conditional Use Permit required on ground floor on
Palma, East Mall, West Mall Entrada, Traffic Way and on El Camino Real north of Atascadero Creek as
designated in Figure 3-1, subject to all of the following findings:
a. The location and setting of the existing building are not ideal for pedestrian uses such as restaurants,
retail or related uses.
b. The existing building and site improvements are designed exclusively for office uses and could not
accommodate other uses.
c. The proposed new office use will be a significant contribution to economic development by providing
new jobs, pedestrian traffic, and active uses in the downtown.
d. The proposed new office will meet parking, accessibility, and property development standards and will
not result in new parking along Atascadero Creek, East Mall or West Mall.
e. The proposed new office building will provide a storefront and other architectural features that
complement the pedestrian scale and retail environment desired within the downtown.
Zoning District Abbreviations
CN – Commercial Neighborhood
CP – Commercial Professional
CR – Commercial Retail
CS – Commercial Service
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CT – Commercial Tourist
CPK – Commercial Park
DC – Downtown Commercial
DO – Downtown Office
IP – Industrial Park
I – Industrial
Figure 3-1
9-3.500 Definitions.
As used in Title 9, the following terms and phrases shall have the meaning ascribed to them in this
section, unless the context in which they are used clearly requires otherwise.
A. Definitions “A”
Accessory Storage. The indoor or outdoor storage of various materials on the same site as a
principal building or land use which is other than storage, which supports the activities or conduct of the
principal use. Outdoor accessory storage is limited to ten percent (10%) of the floor area of the principal
building in accordance Section 9-6.103.
Adult-Oriented Business. Any business defined by Chapter 9 of Title 9 in the Atascadero
Municipal Code, or subsequent code section, as an adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor
(excluding State-licensed massage therapy), sexual encounter establishment, or nude model studio is an
adult-oriented business.
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Age Restricted Housing. Residential multifamily or single-family units that restrict occupancy
based on age. This use typically consists of senior housing which restricts age for fifty-five (55) and
older.
Agricultural Accessory Uses. Residential accessory uses that are part of small-scale and/or hobby
agricultural activities incidental to the primary residential use of the property, including structures that are
designed to house farm implements, hay, grain, poultry, livestock, or other horticulture products. This
does not include garages, workshops, or other similar residential accessory structures for nonagricultural
uses.
Agricultural Produce Stands. Open structures for the retail sale of agricultural products (except
hay, grain and feed sales which are included under “farm equipment and supplies”) which are grown on
the site in residential or agriculture zones. This does not include farmers’ markets or “seasonal sales”
located in nonresidential zoning districts, defined under “temporary sales.”
Agriculture Employee Housing. Includes single-family dwellings, or other lodging
accommodations provided as a part of farming operations, as regulated under the California Health and
Safety Code, employees on land owned by the owner of the building site on which the lodging is located.
Amusement Services. Establishments providing indoor amusement, entertainment, or personal
enrichment services on payment of a fee or admission charge, such as: arcades and coin-operated
amusements; dance halls, and ballrooms which are principal uses rather than being subordinate to an
eating or drinking place; health and exercise facilities including yoga, dance, martial arts and similar
small studios that do not include courts or similar facilities; and music and arts and crafts instruction.
Athletic facilities with basketball, racquetball or similar indoor participation sports are classified as
“indoor recreation services.” Card rooms, billiard and pool halls as a primary use are classified as
“Personal services—restricted.”
Animal Hospitals. Establishments primarily engaged in performing services for animals, including
veterinary services and animal hospitals. Does not include kennels, which are listed as a separate
category.
Artisan Foods and Products. An establishment that specializes in artisan food production, art glass,
ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the facility includes a retail
component.
Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling new
and used automobiles, including, but not limited to, light trucks (US DOT Class 1, 2, and 3), boats (FBSA
Class A and Class 1 boats (under twenty-six (26) feet in length)), recreational vehicles, recreational/utility
trailers, motorcycles and mopeds. Also includes establishments selling new parts and accessories within a
building for the above. Does not include establishments dealing exclusively in used parts. Includes
automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the
same site. Does not include “service stations,” which are separately defined.
Auto Repair and Services. Service establishments primarily engaged in the repair, alteration,
painting, washing or waxing of automobiles, and lube services. May also include rental of cars, trucks or
trailers; leasing of cars and trucks. Does not include repair shops which are subordinate to and maintained
by a vehicle dealership.
Automated Teller Machine (ATM). Computerized, self-service machines used by banking
customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-
face contact with financial institutions personnel. The machines may be located at or within banks, or in
other locations.
B. Definitions “B”
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Bar/Tavern. Establishments where alcoholic beverages are sold for on-site consumption, which is
not part of a larger restaurant. Includes bars, taverns, pubs, night clubs, and similar establishments where
any food service is subordinate to the sale of alcoholic beverages. Does not include adult entertainment
businesses or uses defined under microbreweries or tasting rooms.
Bed and Breakfast. Transient lodging establishments primarily engaged in providing overnight or
otherwise temporary lodging for the general public. Such establishments provide limited meal service,
generally breakfast, for lodgers.
Brewery—Production. An establishment which produces ales, beers, meads, hard ciders, and/or
similar beverages on site. Production breweries are classified as a use which requires a Class 01 type
licensure from Alcohol Beverage Control (ABC). Breweries may also serve beverages on site, and sell
beverages for off-site consumption in keeping with the regulations of the Alcohol Beverage Control
(ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF).
Broadcasting Studios. Commercial and public communications use including radio, television
broadcasting and receiving stations and studios with facilities entirely within buildings. Does not include
antennas and towers, which are defined under “telecommunications facilities.”
Building Materials and Hardware. Retail trade establishments primarily engaged in the sale of
lumber and other building materials, including paint, wallpaper, glass, hardware, nursery stock, lawn and
garden supplies. Includes all such stores selling to the general public, even if sales to contractors account
for a larger proportion of total sales. Establishments primarily selling plumbing, heating, and air
conditioning equipment and electrical supplies are classified in “wholesaling and distribution centers.”
Business Support Services. An establishment or business located entirely within a building that is
open to customer visitation and with limited or no storage, which provides services to other businesses
including, but not limited to:
• Blueprinting and reprographics, copying and quick printing services;
• Computer related services, repair and rental;
• Private mail and mailbox service not affiliated with Federal mailing agency;
• Co-working spaces, incubator-type services that provide office-type working spaces for a fee.
C. Definitions “C”
Caretaker Residence/Employee Unit. A permanent residence that is secondary or accessory to the
primary use of the property, and used for housing a caretaker employed on the site of any nonresidential
use where a caretaker is needed for security purposes or to provide twenty-four (24) hour care or
monitoring of plants, animals, equipment, or other conditions on the site. Does not include housing for
caretaker-type employees in the Agriculture Zone which is defined as “agriculture employee housing.”
Cemeteries. Interment establishments engaged in subdividing property into cemetery lots and
offering burial plots or air space for sale. Includes animal cemeteries and cemetery, mausoleum and
columbarium operations. Excludes funeral parlor and related facilities which are listed under “mortuary
services.”
Churches and Related Activities. Religious organization facilities operated for worship or for
promotion of religious activities, including churches and religious Sunday-type schools. Other
establishments maintained by religious organizations, such as educational institutions, hospitals and other
operations that may be considered commercial in nature if not run by the religious organization (such as a
recreational camp) are classified according to their respective activities.
Collection Stations. Facilities for the temporary accumulation and storage of recyclable discarded
materials, which are subsequently transported to recycling centers or solid waste disposal sites for further
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processing. Does not include automobile wrecking yards or any recycling processing facilities, which are
listed under “recycling and scrap.” Does not include temporary storage of toxic, mutagenic or radioactive
waste materials.
Common Interest Development. A common interest development is a real property development
where property owners share a common set of financial obligations, property and easement rights
established in a set of recorded restrictions (commonly referred to as “CC&Rs”). Common interest
developments may include, but are not limited to, condominiums, planned developments, stock
cooperatives, and small lot single-family and multifamily developments along with commercial or mixed-
use developments.
Contract Construction Services (Indoor). Office uses with or without indoor storage facilities
operated by, or on behalf of, a building contractor, exterminator, janitorial service or similar. Can include
the indoor storage of materials used for repair and maintenance of contractor’s own equipment and for use
by the contractor. All uses must be located within an approved, permitted building. Outdoor storage of
construction related vehicles, fleet, or accessory storage (other than an approved parking lot for
employees or fleet vehicles) is limited to ten percent (10%) of the floor area of the fully enclosed building
utilized for the business.
Contract Construction Services (Outdoor). Office uses with outdoor facilities operated by, or on
behalf of, a building contractor, exterminator, janitorial service, or similar. Outdoor uses may include
storage of large equipment, vehicles, and/or other materials commonly used in the individual contractor’s
type of business and can include the storage of materials used for repair and maintenance of contractor’s
own equipment. May also include accessory buildings or structures for uses by the contractor. An on-site
office building is required. All applicable development standards listed in the code as well as standards
for outdoor storage uses must be met.
D. Definitions “D”
Data and Computer Services/Center. A use where the majority of the space is occupied by
computers and/or related equipment and where information is processed, transferred, and/or stored (also
commonly referred to as “server farms.)” Data and computer services/centers may contain data
technology centers, internet service providers (ISPs), network operation centers, web hosting facilities
and other similar establishments primarily engaged in providing direct access through telecommunication
networks to computer-held information.
Day Care. Facilities that provide nonmedical care and supervision of individuals for periods of less
than twenty-four (24) hours. These facilities include the following, all of which are required to be licensed
by the California State Department of Social Services or successor agency. Day care uses include the
following:
• Child Care Center. Child day care facilities designed and approved to accommodate fifteen
(15) or more children. Includes infant centers, nursery schools, preschools, sick-child centers, and school-
age day care facilities. These may be operated in conjunction with a school or church facility, or as an
independent land use.
• Large Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or
successor provision, a home that regularly provides care, protection, and supervision for seven (7) to
twelve (12) children, including up to two (2) children under the age of ten (10) years who reside in the
home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away.
• Small Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or
successor provision, a home that provides family day care for six (6) or fewer children, including two (2)
children under the age of ten (10) years who reside in the home.
• Adult Day Care Facility. A day care facility providing care and supervision for adult clients.
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Drive-Through Sales or Services. A facility where food or other products may be purchased or
where services may be obtained by motorists without leaving their vehicles. Examples of drive-through
sales facilities include fast-food restaurants, drive-through coffee, photo-stores, pharmacies, etc.
Examples of drive-through service facilities include drive-through bank teller windows, automated teller
machines (ATMs), dry cleaners/laundromats, etc., but do not include service stations or other vehicle
services, which are separately defined.
E. Definitions “E”
Eating and Drinking Places. Restaurants and other establishments selling prepared foods and
drinks for consumption on the premises, as well as facilities for dancing and other entertainment which
are secondary and subordinate to the principal use of the establishment as an eating and drinking place.
Also includes lunch counters and refreshment stands selling prepared goods and drinks for immediate
consumption. Restaurants, lunch counters, and drinking places operated as subordinate service facilities
within other establishments are not included here unless they are operated as leased departments by
outside operators. Does not include establishments with drive-through facilities or uses defined under
“adult-oriented business.”
EV Charging Site. Electric vehicle (EV) charging site includes level one, level two, and level three
charging sites that are an accessory use to a primary use, such as a parking lot, building, or multifamily
residence. These charging sites are incidental uses and may or may not charge a fee for use. Does not
include stand-alone EV charging station as defined in “service stations.”
F. Definitions “F”
Farm Animal Raising. The keeping, feeding or grazing of animals as an avocation, hobby, or
school project, subordinate to the principal residential use of a property, includes species commonly
considered as farm animals as well as exotic species, but does not include household pets. This includes
the raising or feeding of beef cattle, sheep and goats by grazing or pasturing. Does not include uses
defined as “livestock specialties.”
Farm Equipment and Supplies. Establishments primarily engaged in the sale or rental of
agricultural machinery and equipment for use in the preparation and maintenance of the soil, the planting
and harvesting of crops, and other operations and processes pertaining to work on the farm; also, dairy
and other livestock equipment including trailers. Includes agricultural machinery, dairy farm machinery
and equipment, irrigation equipment, poultry equipment and frost protection equipment; hay, grain and
feed sales.
Farmers’ Market. The temporary and intermittent use of a public or private property for the
outdoor sales of food and farm produce in compliance with California Food and Agriculture Code Section
1392 et seq., and artisan products or similar farmers’ markets products that include multiple sales
vendors.
Financial Services. Service establishments primarily engaged in the field of finance, including:
banks and trust companies; credit agencies other than banks; brokers and dealers in securities and
commodity contracts; security and commodity exchanges; holding (but not predominantly operating)
companies; and other investment companies.
Fuel Dealers. Retail trade establishments primarily engaged in the sale to consumers of liquefied
petroleum gas (LPG), propane, bottled or other fuels in bulk. Does not include accessory uses as part of a
service station.
G. Definitions “G”
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General Retail. Stores and shops selling either many lines of merchandise, or specialized type of
merchandise, where the retail sales are conducted primarily within a building. Examples include, but are
not limited to:
• Antique stores, second hand stores, jewelry stores, hobby materials, specialty stores;
• Art galleries, art supplies, collectibles, hobby materials;
• Bicycles, toys, games, sporting goods and equipment;
• Department stores, drug stores, pharmacies, supermarkets, groceries stores, specialty food
markets, membership warehouse clubs;
• Florists, house plant stores (indoor sales), small house wares;
• Home furniture stores, consumer electronic/audio visual goods, bookstores, home and/or office
appliance stores (excludes wholesale sales not open to the general public);
• New clothing, shoes, and accessory retail stores;
• Stationery, dry goods, fabric stores and sewing supplies, and variety stores;
• Stand-alone convenience markets (excludes fuel sales), warehouse retail stores, building supply
hardware stores where outdoor sales are limited to under ten thousand (10,000) square feet.
Pawn shops and retail stores that sell smoking, tobacco and vaping products as the primary use
are included in “retail sales–restricted.”
Government Offices and Facilities. Administrative, clerical, or public contact and/or service
offices of recognized local, State, or Federal agencies. Includes post offices, City Hall, municipal
corporation yards, etc.
H. Definitions “H”
Health Care Services. Service establishments primarily engaged in furnishing medical, mental
health, surgical and other personal health services including: medical, dental, and psychiatric offices
(mental health) related services, including various types of counseling practiced by licensed individuals
other than medical doctors or psychiatrists, medical and dental laboratories; outpatient care facilities; and
allied health services. Associations or groups primarily engaged in providing medical or other health
services to members are included. Also includes hospitals and similar establishments primarily engaged in
providing diagnostic services, extensive medical treatment including surgical and other hospital services;
such establishments have an organized medical staff, inpatient beds, and equipment and facilities to
provide complete health care. Nursing homes and similar long-term personal care facilities are classified
in “residential care.”
Home Occupations. The gainful employment of the occupant of a dwelling, with such employment
activity being subordinate to the residential use of the property.
Horticultural Specialties. Businesses engaged in the production of ornamental plants, tree farms,
and other products, grown under cover or outdoors. Also includes establishments engaged in the sale or
on-site production of such product.
Hotels, Motels. Commercial transient lodging establishments, including hotels, motor hotels,
motels, tourist courts, or cabins, primarily engaged in providing overnight or otherwise temporary lodging
for less than thirty (30) days, with or without meals, for the general public. Such establishments shall not
provide kitchen facilities in more than twenty-five percent (25%) of the units.
I. Definitions “I”
Indoor Recreation Services. Facilities for various indoor sports and recreation, including: bowling
alleys; ice skating and roller skating; gymnasiums, health and athletic clubs; tennis, handball, racquetball
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and similar indoor sports; shooting and archery ranges; recreation and community centers. Smaller fitness
studios without courts are classified as “amusement services.”
J. Definitions “J”
K. Definitions “K”
Kennels. A lot, building, structure, enclosure or premises where four (4) or more dogs or cats (four
(4) months of age or older) are kept or maintained, including the keeping of such animals for sale, for
commercial breeding or for lodging and care. Does not include dogs and cats kept for noncommercial
purposes.
L. Definitions “L”
Large Scale Ag Manufacturing. The large scale processing of agriculture products subsequent to
their harvest, with the intent of preparing them for market or further processing including: alfalfa cubing;
hay baling and cubing; corn shelling; drying of corn, rice, hay, fruits and vegetables; grain cleaning and
custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading and
packaging of fruits and vegetables; tree nut hulling and shelling; cotton ginning; and wineries in excess of
one thousand (1,000) square feet in total use area. This does not include the growing, harvesting, and
production of medical marijuana, or legally approved uses of marijuana by either the State of California
or Federal Government.
Laundries and Dry-Cleaning Plants. Service establishments primarily engaged in high volume
laundry and garment services, including: power laundries (family and commercial); garment pressing and
dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not
include coin-operated laundries or dry-cleaning pickup stores without dry cleaning equipment, which are
classified in “personal services.”
Laundromat/Coin-Operated Laundry. Facilities providing washing and drying machines for use
by customers for a fee as a primary use. Dry cleaning pick-up stores are classified as “personal services.”
Libraries, Museums. Permanent public or quasi-public facilities generally of a noncommercial
nature such as libraries, museums, art exhibitions, planetariums, aquariums, botanical gardens,
arboretums and zoos. Also includes historic sites and exhibits.
Livestock Specialties. Agricultural establishments primarily engaged in commercial livestock
keeping or feeding as a principal land use which, because of operational characteristics, may generate
dust, odors or visual impacts which could have an adverse effect upon adjacent properties. Such uses
include dairies; chicken, turkey and other poultry farms; animal specialties (such as rabbit farms and other
fur-bearing animals); other specialties such as bee farms, aviaries, worm farms, etc.
Live/Work Units. An integrated housing unit and working space, occupied and utilized by a single
household in a structure, either single-family or multifamily, that has been designed or structurally
modified to accommodate joint residential occupancy and work activity, and which includes:
• Complete kitchen space and sanitary facilities in compliance with the Building Code;
• Working space reserved for and regularly used by one (1) or more occupants of the unit;
• Working space includes uses that are permitted within the zoning district.
M. Definitions “M”
Manufacturing, Repair, and Processing—High Intensity. A facility or establishment that
accommodates manufacturing processes that involve and/or produce building materials, fabricated metal
products, machinery, and other similar manufacturing uses, where the intensity or scale of operations is
determined to be greater than those classified under “manufacturing and processing—low intensity,” but
where impacts to surrounding neighborhoods, businesses, and the community may cause a significant
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impact. Uses may have an indoor setting, however uses may also be conducted outdoors. Examples of
manufacturing and processing uses that are considered high-intensity include the following, but are not
limited to:
• Machinery manufacturing that makes or process raw materials into products;
• Metal fabrication and welding shops engaged in the production and/or assembly of metal, and
other similar metal shops;
• Manufacturing that cuts, shapes, and/or finishes building materials used in home or
nonresidential construction;
• Chemical product manufacturing that produces or uses basic chemicals and other
establishments creating products predominantly by chemical processes;
• Product manufacturing that produces bulk concrete, asphalt, and other paving materials;
• Paving and roof materials manufacturing of various common paving and petroleum-based
roofing materials including bulk asphalt, paving blocks made of asphalt, creosote wood, and various
compositions of asphalt and tar;
• Plastics, other synthetics and rubber manufacturing;
• Primary metal industries engaged in smelting, refining of ferrous and nonferrous metals;
• Other similar heavy intensive uses.
Manufacturing, Repair, and Processing—Low Intensity. A facility or business that engages in the
assembly, fabrication, and conversion of already processed raw materials into products, where the
operational characteristics of the manufacturing process and the materials used are unlikely to cause
significant impacts to the existing surrounding neighborhood or businesses in an indoor setting. Examples
of manufacturing and processing uses that are considered low intensity include the following, but are not
limited to:
• Artisan manufacturing and production where no retail component exists;
• Production, assembly, and/or repair where no raw materials are manufactured;
• Production and assembly of precision electronics and scientific instruments, including on-site
offices;
• Producing or processing of foods and beverages for human consumption where no retail
component exists and does not include noxious odors or excessive noise and no slaughter occurs on site;
• Repair and service of small consumer products;
• Small scale manufacturing where assembling and/or manufacturing is completed by hand or
precision tools;
• Small product manufacturing not classified in another major manufacturing group.
Medical Extended Care Services. Residential facilities providing nursing and health-related care as
a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent
and rest homes; extended care facilities; and skilled nursing facilities. Long-term personal care facilities
that do not emphasize medical treatment are included under “residential care.”
Medical Research. Establishment related to medical and/or dental research, testing and analysis,
including, but not limited to, trial and clinical research. Biomedical and pharmaceutical research and
development facilities are not included in this definition. Medical research does not include the storage or
use of quantities of hazardous materials nor any toxic gas. Additionally, medical research may include
storage and use of etiological (biological) agents up to and including Risk Group 2 or Bio Safety Level 2
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(Center for Disease Control). Typically uses are a part of a campus-like setting such as a business park or
stand-alone building.
Membership Organizations. Organizations operating on a membership basis for the promotion of
the interests of the members, including: business associations; professional membership organizations;
labor unions and similar labor organizations; civic, social and fraternal organizations (not lodging);
political organizations and other membership organizations.
Micro-Brewery/Brewpub. An establishment that produces ales, beers, meads, hard ciders/and or
similar beverages to serve on site. Sale of beverages for off-site consumption is also permitted consistent
with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and
Firearms (ATF). Food service for on-site consumption is allowed as an ancillary use. Brewpubs and
microbreweries are considered small operations consistent with ABC license Type 23, 40, or 42 or State
similar licensures.
Mini-Storage. Buildings containing individual storage areas rented or leased to the general public.
Does not include warehousing or exterior storage facilities.
Mixed-Use Development. A development that has a vertical separation of commercial and
residential land uses in a building. Residential units within a commercial district are subject to compliance
with allowed density and shall not be located on the ground floor.
Mobile Eating and Drinking Vendors. Any vehicle, wagon, or pushcart that is self-propelled or
can be pushed/pulled down a street or sidewalk, on which food is displayed, prepared, or processed for
the purpose of selling food or drinks to a consumer.
Mobile Home/Manufactured Home. A modular structure that is transportable in one (1) or more
sections, that is certified under the National Manufactured Housing Construction and Safety Standards
Act of 1974, is tied down to a permanent foundation with wheels removed and skirted. A mobile home on
a permanent foundation is considered a single-family dwelling.
Mobile Home Park. Any site that is planned and improved to accommodate two (2) or more mobile
homes used for residential purposes, or on which two (2) or more mobile homes, as the term “mobile
home” is defined in California Civil Code Section 798.3 or successor provision of the California Mobile
home Residency Law, for non-transient use, are rented, leased, or held out for rent or lease, or were
formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or
other form of resident ownership, to accommodate mobile homes used for residential purposes.
Mortuary Services. Establishments with facilities for the preparation of the dead for burial,
cremation and for the holding of funeral observances and services. Accessory facilities may include a
cemetery, columbarium or mausoleum. Includes: funeral homes and parlors, mortuaries and related
facilities.
Multiple-Family Dwelling. Two (2) or more primary attached dwelling units located on a single lot
within a residential zoning district, each occupied by a single housekeeping unit; includes buildings or
groups of buildings designated as apartments, duplexes, triplexes and condominiums, but not including
motels, hotels, dormitories, or RV parks as herein defined. Also includes transitional housing and,
supportive housing where people live as independently as possible with the assistance of social services
tailored to each person’s needs as defined in Section 9-9.102 of the Zoning Ordinance. This also does not
include accessory dwelling units or urban dwelling units.
N. Definitions “N”
O. Definitions “O”
Offices. Establishments engaged in performing a service in a professional office including:
engineering, architectural and surveying services; real estate agencies; noncommercial educational,
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scientific and research organizations; accounting, auditing, and bookkeeping services; authors, writers,
artists, etc.; advertising agencies; photography studios and small commercial art studios; employment
agencies and stenographic services; reporting services; data processing and computer services;
management, public relations, and consulting services; detective agencies and other similar professional
services; attorneys; and counseling services provided by individuals other than licensed psychiatrists,
which are included under “health care services.”
Organization Houses. Residential lodging houses operated by membership organizations for the
benefit of their constituents and not open to the general public. Also includes fraternity and sorority
residential houses and religious residential retreats.
Outdoor Recreation Services. Facilities for various outdoor sports and recreation, including:
amusement and kiddie parks; golf courses, golf driving ranges and miniature golf courses; skateboard
parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis clubs and facilities; play lots,
playgrounds and athletic fields; recreation and community centers.
P. Definitions “P”
Parking Lot. An open area, excluding a street or other public right-of-way, for the exclusive use of
parking as a primary use for automobiles and available to either the public or patrons of adjacent
buildings or structures. Parking lots can either be free for use, or may charge a fee for compensation.
Long-term parking and storage of inoperable vehicles is classified in “vehicle and equipment storage.”
Parks and Playgrounds. A public outdoor recreational facility that may provide a variety of
recreational activities including playground equipment, open space areas for passive recreation including
hiking and biking trails, zoos, picnicking, and sport and active recreation facilities dedicated for use to the
public.
Personal Cannabis Cultivation. As defined by Chapter 9-17.
Personal Services. Service establishments primarily engaged in providing nonmedical services as a
primary use and may include accessory retail sales of products related to the services provided. These
uses include the following: beauty shops (includes permanent makeup when less than ten percent (10%)
of overall sales), barber shops, day spas and massage therapy where each massage therapist is
certified/licensed by a State-recognized organization, shoe repair shops, dry cleaning pickup stores,
clothing rental, tailors, tanning salons, pet grooming services, nail salons, and other similar uses.
Personal Services—Restricted. Service establishments that may have a blighting and/or
deteriorating effect upon the surrounding area which may need to be dispersed in order to minimize their
adverse impact. Examples of these uses include, but are not limited to, the following: check cashing
and/or payday/same day loans; fortunetellers, psychics; palm, tarot and card readers; card rooms, billiard
and pool halls as a primary use; tattoo and body piercing services; and hot tubs and saunas that are not an
accessory to a permitted use.
Printing and Publishing. An establishment engaged in printing letter press, lithography gravure,
screen offset or electrostatic copying and other establishments serving the printing trade such as
bookbinding, typesetting, engraving, photoengraving, and electrotyping. The use also includes
establishments that publish newspapers, books, and periodicals; establishments manufacturing business
forms and binding devices. “Quick printing” services are included in the definition “business support
services.”
Public Assembly and Entertainment. Facilities for public assembly and group entertainment such
as: public and semi-public auditoriums; exhibition and convention halls; civic theaters and meeting halls;
motion picture theaters; legitimate theater facilities for live theatrical presentations or concerts by bands
and orchestras; amphitheaters; meeting halls for rent and similar public assembly uses.
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Q. Definitions “Q”
R. Definitions “R”
Recreational Vehicle Parks. Transient lodging establishments primarily engaged in renting, leasing
or otherwise providing overnight or short-term sites for trailers, campers, or tents, with or without
individual utility hookups, but with other facilities such as public restrooms. Does not include incidental
camping areas, which are included under “rural sports and group facilities.”
Recycling and Scrap. Establishments primarily engaged in assembling, breaking up, sorting,
temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto
wreckers engaged in dismantling automobiles for scrap. Does not include waste disposal sites, which are
separately defined. Does not include temporary storage of toxic or radioactive waste materials.
Recycling Centers. An establishment, which is larger than a “collection station,” that serves as a
community-wide center for the collection and/or processing of recyclable materials such as glass, paper,
plastic, aluminum and metal cans.
Research and Development. Research and development offices, devoted to scientific and
engineering research and the design, development and testing of new technology and products; usually
includes laboratory space or small-scale manufacturing operations.
Residential Accessory Uses. Includes any use that is customarily part of a residence and is clearly
incidental and secondary to a residence and does not change the character of the residential use.
Residential accessory uses include the storage of vehicles and other personal property and accessory
structures including garages, studios and workshops.
Residential Care. A single-family or multiple-family dwelling unit that is licensed or supervised by
a Federal, State, or local health/welfare agency that provides non-medical care of unrelated persons who
are in need of personal service, supervision, or assistance essential for sustaining activities of daily living
or for the protection of the individual. Use includes the following: children’s homes; halfway houses;
rehabilitation centers; self-help group homes.
Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen voluntarily by
the residents or the residents’ guardians, conservators or other responsible person(s) where the following
occurs: where seventy-five percent (75%) of the residents are at least sixty-two (62) years of age, or, if
younger, have needs compatible with other residents; and where varying levels of care and supervision
are provided, as agreed to at the time of admission or as determined necessary. RCFE uses may include
basic services and community space. RCFE uses include the following:
• Assisted Living Facility. A residential building or buildings that also provide housing,
personal and health care, as permitted by the Department of Social Services, designed to respond to the
daily, individual needs of the residents. Assisted living facilities may include kitchenettes (small
refrigerator, sink and/or microwave oven) within individual rooms. Assisted living facilities are required
to be licensed by the California Department of Social Services, and do not include medical extended care
services.
• Independent Living Center/Senior Apartment. Independent living centers and senior
apartments are multifamily residential projects reserved for senior citizens, where common facilities may
be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping,
bathing, and kitchen facilities.
• Retirement Hotel. Establishments primarily engaged in providing lodging facilities limited to
the aged where no medical care is provided. Such establishments may provide housekeeping and meals to
the residents.
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Resource Extraction. Uses primarily engaged in resource extraction, including, but not limited to,
mining, developing mines or exploring for metallic minerals (ores), coal and nonmetallic minerals, or
surface mines extracting crushed and broken stone, dimension stone or sand and gravel.
Retail Sales–Restricted. Stores and shops selling products that may have a blighting and/or
deteriorating effect upon the surrounding area and may need to be dispersed in order to minimize their
adverse impact. Examples of these uses include, but are not limited to, the following: selling smoking,
tobacco and vaping products as a primary use; and pawn shops, in which the business of pawn brokering,
or the business of lending money upon personal property, pawns or pledges is done.
Rural Sports and Group Facilities. Establishments supporting special group activities such as:
archery, pistol, rifle, and skeet clubs and facilities; dude ranches; health resorts including outdoor hot
spring, spa or hot tub facilities; hunting and fishing clubs; recreational camps; group or organized camps;
incidental, seasonal camping areas without facilities; equestrian facilities, including riding academies,
schools, stables and exhibition facilities.
S. Definitions “S”
Sales Lots. Sales lots consist of any outdoor sales area for permanent display of motorized farm
equipment, boats (FBSA Class 3 and 4 boats (over twenty-six (26) feet in length)), heavy commercial
trucks (US DOT Class 4 through 8), mobile homes, construction equipment, or other heavy equipment;
outdoor equipment rental yards.
Schools. An institution or establishment that provides a program of instruction and teaching services.
Includes: preschools, elementary and secondary schools serving grades K through 12 (or portions
thereof); junior colleges, colleges and universities; and similar education institutions. Does not include
Sunday schools which are permitted under “churches and related facilities.”
Schools—Business and Vocational. Business and secretarial schools; vocational schools offering
specialized trade and commercial courses; specialized nondegree granting schools, such as: music
schools; dramatic schools; language schools; driver education schools; ballet and other dance studios; and
establishments furnishing educational courses by mail.
Secondary Residential Unit. Second residential units are defined as residential occupancy
constructions (R) with a kitchen and full bathroom that is accessory to the primary unit and intended for
permanent occupancy by a second housekeeping unit.
Service Stations. Retail trade establishments primarily engaged in the sale of gasoline, which may
also provide lubrication, oil change and tune-up services incidental to gasoline sales. May also include a
towing service but does not include storage of wrecked or abandoned vehicles. Does not include uses
defined as auto repair and service, or vehicle equipment storage.
Single-Family Dwelling. An attached or detached building not to contain more than one (1) kitchen
wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping
unit, meaning that they have established ties and familiarity with each other, jointly use common areas,
interact with each other, membership in the single housekeeping unit is fairly stable as opposed to
transient, and members have some control over who becomes a member of the single housekeeping unit.
Also includes factory-built, manufactured housing units and mobile homes constructed in compliance
with Title 25 of the California Health and Safety Code, or successor provision as defined in Section 9-
9.102 of the Zoning Ordinance; transitional housing and supportive housing serving six (6) or fewer
persons as defined in Section 9-9.102 of the Zoning Ordinance.
Single Room Occupancy Unit (SRO). A structure that provides separate, single room, residential
living units with no on-premises residential medical care. Units within the structure may have individual
bathroom facilities, shared bath or toilet facilities for the residents, or any combination thereof. SRO may
include structures commonly called rooming houses or boarding houses. SRO facilities shall not be age
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restricted. Age restricted SRO facilities shall be considered a residential care facility for the elderly
(RCFE).
Small Scale Ag Processing. The small-scale processing of agriculture products grown or produced
on site, bottling, canning, or storage of agriculture products grown and processed on site, where the
processing or storage shall not exceed one thousand (1,000) square feet (sf) in total use areas. This does
not include tasting rooms.
Social and Service Organizations. Public or quasi-public establishments providing social services
and rehabilitation services to such as counseling centers, welfare offices, job counseling and training
centers, or vocational rehabilitation agencies, persons with social or personal problems requiring special
services and to the handicapped and the disadvantaged. Also included are organizations soliciting funds to
be used directly for these related services. Also includes establishments engaged in community
improvement and neighborhood development. Does not include child day care services which are
classified under “schools.”
Sports Assembly. Facilities for spectator-oriented specialized group sports assembly that includes:
stadiums and coliseums; arenas and field houses; race tracks (auto and animals); motorcycle racing and
drag strips; and other sports that are considered commercial.
Storage, Recycling and Dismantling of Vehicles and Material. Establishments primarily engaged
in the storage, assembling, dismantling, sorting, and distribution of materials, equipment and vehicles.
This use may be located either outdoors or indoors and includes, but is not limited to, auto wrecking
yards, vehicle storage areas, vehicle impound lots, recyclable/waste material storage and transfer
facilities. This does not include waste disposal sites, which are separately defined, or temporary storage of
toxic or radioactive waste materials.
T. Definitions “T”
Tasting Room. Establishment that allows for beer, wine, or spirit tasting on site with off-site sales
directly to the public. Tasting rooms must meet the requirements of the Alcoholic Beverage Control
(ABC) license type (Type 02, Type 23, Type 40, Type 42 or Type 74 license, or similar). Tasting rooms
may operate within a large-scale brewing, winery, or distillery facility as an ancillary.
Telecommunication Facility. Public, commercial and private electromagnetic and photoelectrical
transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular
data network, and wireless communication towers (cellular phones), including commercial earth stations
for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment
buildings. Does not include telephone, telegraph, and cable television transmission facilities utilizing
hard-wired or direct cable connections. Does not include data processing centers.
Temporary Dwelling. Includes the temporary use of a mobile home or recreational vehicle as a
dwelling unit, following the issuance of a building permit for a permanent residence while the permanent
residence is under construction.
Temporary Events. Any use of a structure or land for an event for a limited period of time where
the site is not to be permanently altered by grading or construction of accessory facilities. Events include:
art shows; rodeos; religious revivals; tent camps; outdoor festivals and concerts.
Temporary Offices. The utilization of a mobile home or recreational vehicle as a temporary office
during the period of a construction of a permanent office facility on the same site.
Temporary or Seasonal Retail Sales. Retail trade establishments primarily engaged in the sale of
Christmas trees or other seasonal items; or semiannual sales of art or handcrafted items in conjunction
with community festivals or art shows. Does not include farmers’ markets or agricultural roadside stands.
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Transitional Housing. Buildings configured as rental housing developments, but operated under
program requirements that call for the termination of assistance and recirculation of the assisted unit to
another eligible program recipient at some predetermined future point in time, which shall be no less than
six (6) months (Health and Safety Code Section 50675.2(h)). This definition excludes housing for
halfway houses intended for occupancy by parolees or convicted persons, children’s homes, halfway
houses, rehabilitation centers, and self-help group homes.
Transit Stations. Passenger stations for vehicular, bus, and rail mass transit systems; also, terminal
facilities providing maintenance and service for the vehicles operated in the transit system.
U. Definitions “U”
Utility Facilities. A fixed-base structure or facility serving as a junction point for transferring
electric utility services from one (1) transmission voltage to another or to local distribution and service
voltages, and similar facilities for water supply, natural gas distribution, wastewater pump station, fiber
optics junction box, or other similar facilities that are not exempted from land use permit requirements by
California Government Code Section 53091 or successor code.
Utility Infrastructure. Pipelines for water, natural gas, sewage collection and disposal; and
facilities for the transmission of electrical energy for sale, including transmission lines for a public utility
company. Also include telephone, cable television, and other communications transmission facilities
utilizing direct physical conduits. Does not include offices or service center as defined under “offices” or
distribution substations (“utility facilities”).
V. Definitions “V”
Vehicle and Equipment Storage (Indoor). Service establishments primarily engaged in the
business of storing cars, buses and other motor vehicles; recreational vehicles (such as campers, motor
homes, boats); construction equipment; and farm equipment. Does not include wrecking yards, which are
classified in “recycling and scrap.” All uses of the site must be located within an approved, permitted
building and outdoor storage shall be limited to ten percent (10%) of the floor area of the building utilized
for the business.
Vehicle and Equipment Storage (Outdoor). Service establishments primarily engaged in the
business of storing cars, buses and other motor vehicles; recreational vehicles (such as campers, motor
homes, boats); construction equipment; and farm equipment. Does not include wrecking yards, which are
classified in “recycling and scrap.” Storage of oversized commercial vehicles is also subject to Section 9-
6.103.
Vehicle and Freight Terminals. Transportation establishments furnishing services incidental to
transportation, including: freight forwarding services; transportation arrangement services; parking,
crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities;
trucking facilities, including transfer and storage; public warehousing and storage. Includes both railroad
transportation and motor freight transportation.
W. Definitions “W”
Warehousing. Uses engaged in storage of manufactured products, supplies, and equipment
excluding bulk storage of materials that are flammable or explosive or that present hazards, or conditions
commonly recognizable as offensive. Does not include personal storage as defined as “mini-storage.”
Wholesaling and Distribution Centers. Establishments engaged in selling merchandise to retailers;
to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or
acting as agents or brokers in buying merchandise for or selling merchandise to such persons or
companies. Also includes storage, processing, packaging, and shipping facilities for mail order and e-
commerce retail establishments.
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Winery—Boutique. Winery or distillery production for no more than three thousand (3,000) cases
of wine per year. Uses include fruit processing, fermentation pressing, barrel and bottle storage, bottling,
wine tasting, and direct retail sale of wine. Does not include winery production in residential zones, which
is defined as small scale agriculture.
Winery—Production. Winery or distillery production of more than three thousand one (3,001)
cases of wine per year. Uses include fruit processing, fermentation pressing, barrel and bottle storage,
bottling, wine tasting, and direct retail sale of wine. This also includes uses that produce three thousand
one (3,001) cases of beverages or less, but do not meet the requirements for “winery—boutique,”
“winery—production,” or “brewery—production.”
X. Definitions “X”
Y. Definitions “Y”
Z. Definitions “Z”
9-6.185 Hotels and Motels.
Where a hotel or motel is located in a commercial zoning district, the following standards shall apply:
(a) Hotels and Motels without kitchens in individual rooms shall be allowed as specified for
each zoning district.
(1) Wet bars in individual rooms, as defined in this Title, shall be permitted
(b) Hotels and motels may have kitchens in individual rooms in up to 50% of the rooms/units
subject to the following:
(1) The hotel development must contain a minimum of 20 rooms/units that are
available for guests
(2) A deed notification shall be recorded against the property detailing the
commercial nature of the property. The notification shall be in a form
approved by the Community Development Director.
(c) Exceptions. Exceptions to the above standards may be modified with approval of a
Conditional Use Permit, subject to the following findings:
(1) The project is designed consistent with the standards of the Atascadero
Municipal Code and provides amenities consistent with a tourist serving use;
and
(2) The project is located in an area that supports tourist serving activities.
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